HomeMy WebLinkAboutPre-LegislationCity of Miami
Legislation
Resolution: R-12-0089
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
Fife Number: 12-0020 final Action Date: 3/8/2012
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BYA
FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, RATIFYING, APPROVING AND
CONFIRMING THE CITY MANAGER'S EMERGENCY FINDING, THAT IT IS MOST
ADVANTAGEOUS FOR THE CITY OF MIAMI TO WAIVE COMPETITIVE SEALED
BIDDING PROCEDURES, PURSUANT TO SECTION 18-90 AND 18-85 OF THE
CODE OF THE CITY OF MIAMI, FLORIDA; APPROVING THE USE OF
COMPETITIVE NEGOTIATIONS, FOR THE PURPOSES OF NEGOTIATING AN
AGREEMENT TO ESTABLISH, OPERATE AND ADMINISTER THE DOT MIAMI
TOP-LEVEL DOMAIN, FOR THE DEPARTMENT OF INFORMATION
TECHNOLOGY; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE A
PROFESSIONAL SERVICES AGREEMENT, IN ACCORDANCE WITH THE
ATTACHED TERM SHEET AND IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY, WITH MINDS AND MACHINES, LLC, FOR AN INITIAL FIVE (5) YEAR
TERM, WITH TWO (2) FIVE-YEAR OPTIONS TO RENEW, AS STATED HEREIN.
WHEREAS, the City Managers written finding of a valid emergency, attached and
incorporated, references that it is in the best interest of the City of Miami ("City") to waive competitive
sealed bidding procedures and the use of a competitive negotiations method; as stipulated in Sections
18-85 and 18-90 of the Code of the City of Miami, Florida as amended ("City Code"); and
WHEREAS, the Purchasing Department issued Informal Request for Proposals ("RFP") No.
291270 for the purpose of soliciting qualified firms and to negotiate a Professional Services Agreement
("PSA") to Establish, Operate and Administer the dot Miami Top -Level Domain; and
WHEREAS, one (1) firm submitted a response to the RFP; and
WHEREAS, an Evaluation Committee ("Committee") met on March 5, 2012, to review and
evaluate the one (1) proposal received based on the Proposer's Overall Qualifications and Experience;
Technical and Operational Capacity; Experience and Approach to dot Miami; Financial Proposal; and
Other Questions; and
WHEREAS, the Committee recommended that the City Manager negotiate and execute an
PSA with the firm of Minds and Machines, LLC; and
WHEREAS, the City Manager concurs with the Committee's recommendation and requests
authorization to negotiate and execute a PSA, in accordance with the attached Term Sheet and in a
form acceptable to the City Attorney;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
Section 1. The recitals and findings contained in the preamble to this Resolution are adopted
by reference and incorporated as if fully set forth in this Section.
City of Miami Page 1 of 2 File Id: 12-00265 (Version: 1) Printed On: 10/31/2014
File Number: 12-00265
Enactment Number: R-12-0089
Section 2. By a four -fifths (4/5ths) affirmative vote, the City Manager's emergency finding that
it is most advantageous for the City to waive competitive sealed bidding procedures, pursuant to
sections 18-85 and 18-90 of the City Code, is ratified, approved and confirmed, and the use of
competitive negotiations, for the purposes of entering into an agreement to Establish, Operate and
Administer the dot Miami Top -Level Domain for the Department of Information Technology is approved.
Section 3. The City Manager is authorized{1} to execute a PSA, in accordance with the
attached Term Sheet and in a form acceptable to the City Attorney, with Minds and Machines, LLC, for
an initial five (5) year term, with two (2) five-year options to renew.
Section 4. Pending execution of the PSA by both parties and in consideration of the
time sensitive April 12, 2012, ICANN application deadline, Minds and Machines, LLC, is authorized to
begin working on the City's application immediately.
Section 5. This Resolution shall become effective immediately upon its adoption and signature
of the Mayor.{2}
Footnotes:
{1}The herein authorization is further subject to compliance with all requirements that may be imposed
by the City Attorney, including but not limited to those prescribed by applicable City Charter and Code
provisions.
{2} If the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar days
from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become
effective immediately upon override of the veto by the City Commission .
City of Miami Page 2 of 2 File Id: 12-00265 (Version: 1) Printed On: 10/31/2014
Negotiated Term Sheet for the Award of a Professional Services Agreement
in Response to informal RFP 291270 to Establish, Operate and
Administer Dot Miami
Contract Type: Professional Services Agreement (PSA)
Parties: City of Miami and Minds and Machines, LLC
Subject Matter: Establish, Operate and Administer the Dot Miami Top -Level Domain
Term:
Five (5) year term, with two five-year renewal options
Cancellation Provisions: Per Section 2.13 of the RFP document. Termination by Default and/or
Convenience
Fee Structure: The City of Miami's share, as negotiated, is S0% of gross revenues, to be paid on a
quarterly basis. Over the five-year contract term, this is estimated to bring in
approximately $23,500,000 of revenue to the City with no out-of-pocket costs.
Although revenue estimates are much higher, Minds and Machines, LLC, has
guaranteed a minimum annual payment to the City of $250,000.
Minds and Machines, LLC, has also committed to annual marketing costs of at least
$240,000, the majority of which would be spent locally in Miami.
Hold Harmless/Indemnification: Per Section 1.43 of the RFP document.
Compliance with All Laws: Per Section 1.19 of the RFP document.
Insurance:
Special Provisions:
/2-o0265- Gthibi1 R
Per Section 2.10 of the RFP document. General Liability: $1M/$2M/$1M/1$M;
Auto Liability $1M; Employer's Liability: $100,000/$100,000/$500,000; Errors
and Omissions: $1iV1/$1M
All Specifications/Scope of Work, Special Conditions and General Terms and
Conditions requirements as specifically identified in RFP 291270 will be
physically attached and incorporated by reference into the PSA.
The public records / non -trade secrets portion of Minds and Machines'
proposal response will also be attached and incorporated by reference into
the PSA.
CITY OF MIAMJ, FLORIDA
INTER -OFFICE MEMORANDUM
CAiE : FILE :
Honorable Mayor and March 6, 2012
City Commissioners SUKJEC7:
Johnny Martinez, P,
City Manager
Emergency Finding: Establish, Operate
and Administer dot Miami RFP 291270
REFERENCES:
March 8, 2012, Commission Agenda
ENCLOSURES:
• Evaluation Committee Findings
BACKGROUND
On January 12, 2012, the Internet Corporation for Assigned Names and Numbers (ICANN)
began accepting applications for new global top-level domains .(gTLDs). Operating a global top-
level domain presents a significant opportunity and a recurring revenue source for the City of
Miami. The ICANN's deadline for gTLD applications is April 12, 2012. On January 26, 2012,
the Miami City Commission instructed the Information Technology and Purchasing Departments
to issue an expedited informal RFP process to select a qualified interet registry services
provider to establish, operate and administer the dot Miami top-level domain for the City of
Miami. This RFP was not advertised in a newspaper of general circulation as required by Section
18-85(d) of the City of Miami Procurement Code, Doing so would have made it impossible to
bring a formal award recommendation for approval by the City Commission in advance of
ICANN's April 12, 2012, application deadline.
FINDING
The Administration finds and determines that it is in the best interest of the City to waive
competitive sealed bidding procedures and to utilize competitive negotiations in order to secure
the services of a qualified internet registry services provider to establish, operate and administer
the dot Miami top-level domain for the City of Miami.
An informal competitive negotiations process was utilized to solicit qualified firms and to
negotiate an agreement. One farm submitted a proposal in response to informal Request for
Proposals (RFP) 291270 to Establish, Operate and Administer the dot Miami Top -Level Domain.
An Evaluation Committee appointed by the City Manager met on Monday, March 5, 2012, and
ranked Minds and Machines, LLC, as the most qualified firm for the project. Subsequently,
Minds and Machines, LLC, was engaged in contract negotiations in order to finalize an
agreement that is the most advantageous for the City based on a combination of the Proposer's
Overall Qualifications and Experience; Technical and Operational Capacity; Experience and
Approach to dot Miami; Financial Proposal; and Other Questions. It is respectfully
recommended that the City Commission adopt the attached Resolution by a 4f51h affirmative
vote, ratifying, approving and confirming this Emergency Finding. Thank you.
Johnny Martinez, P.E. March5, 2012
City Manager
C hia Torres, Chair
Evaluation Committee
Recommendation of Evaluation
Committee for Informal RFP 291270:
Establish, Operate, and Administer
Dot Miami
As Chairperson of the Evaluation Committee ("Committee") for the above services for the City of Miami, it is
my responsibility to offer the findings and recomrriendation of the Committee.
The City issued Informal RFP 291270 to Establish, Operate, and Administer dot Miami on February 17, 2012
and one (1) Proposal was received on March 2, 2012. The Evaluation Committee ("Committee"), appointed
by the City Manager, met on March 5, 2012 and was comprised of the following individuals:
1. Vanessa Acosta, Assistant Director Building Dept, City of Miami
2. Camilo Rodriguez, Independent Consultant, BMIT, inc.
3. Cynthia Torres, Information Technology Department, City of Miami
+Jlowi;;c� discuswcn, evaf atian and deliberation of the one proposal received, the Committee recommends
that the City negotiate with the firm, Minds and Machines, LLC.
Upon successful contract negotiations, the recommendation from the City Manager to the City Commission
seeking permission to authorize and execute the professional services agreement will be presented at the
next available meeting.
Your signature below represents your approval of the Committee's recommendation.
APPROVED:
JohnMartinez,
,E., C4#y Manager
DATE;Si ' 1 '" d2.'
12 002&
Informal RFP No. 291270
ESTABLISH, OPERATE, AND ADMINISTER DOT MIAMI
Evaluation Committee Meeting
Summary Sheet
1
Vanessa Evaluator
Acosta
PROPOSER
Overall
Qualifications
and Experience
Technical and
Operational
Capacity;
Experience and
Approach to dot
Miami
Financial
Proposal
Other
Questions
TOTAL
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Overall
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ESTABLISH, OPERATE, AND ADMINISTER DOT MIAMI
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25
Other
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ESTABLISH,
Informal RFP No. 291270
OPERATE, AND ADMINISTER
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To: Johnny Martinez, P.E,
City Manager
From: Cindy Torres
Director
Department of Information Technology
February 27, 2012
Selection of an Evaluation
Committee for Informal RFP No. 281270
Establish, Operate and Administer
dot Miami
• This memorandum is seeking your approval for appointments to the Evaluation Committee for the
selection of a qualified firm (s) to Establish, Operate and Administer dot Miami.
Each of these individuals is knowledgeable and experienced professionals, and will be an asset to
this evaluation process. Pursuant to Ordinance 12271, Section (C)(6) Proposal Evaluation,
"An evaluation committee shall be appointed by the City Manager for the purpose of evaluating
Proposals based upon the criteria contained in the RFP.,,"
Those individuals are:
(1) Vincent Betancourt, Film Industry Liaison, City of Miami
(2) Camiio Rodriguez, EMIT, Inc.
(3) Cynthia Torres, information Technology Department, City of Miami
The alternates are:
(1) Arturo Duque, Information Technology Department, City of Miami
(2) Vanessa Acosta, Assistant Director, City of Miami Building Department
Your signature below affirms your appointment of these individuals to become Evaluation/Selection
Committee members,
APPROVEID:
hnny Ma nez, P. .
City Man ger ilicY •
DATE Si. 1a
Response to
RFP291270
informal Request for Proposals to
Establish; Operate, and Administer
dot IA I
by
March 1, 2012
RR 291.270
Informal Request for Proposals to Establish, Operate, and Administer dot MIAMI
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 Riles. 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 docurnents, 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: The proposer wishes to assert an exception to the P . 0 . ' s
Terms and Conditions, specifically to Section 15, which directly
contradicts Section 2.3 of the IRFP, which sets a 5-year contract
with a 2-year option; and to Section 25, which contradicts the City's
Feb. 27 2012 Addendum, R.16, which confirms "no Performance/Payment Pond
[isj required for this RFP."
We (I) certify that any and all inforrnation'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 subxnitter,
Please print the following and sign your name:
SUPPLIER NAME: Minds and ,Machines LLC
Miami Address: 3301 N.E. 1st Ave, Suite L307, Miami FL 33137
ADDRESS Main office: 3100. Donald Dougiaa Loop N., #7, Santa Monica CA 90405
PHONE: 310-452-1491
FAX' 6 46--365-3000
EMAIL: avc@mindsandmachines.. com E EPER: n 1�
SIGNED En.Arrtony Van COuverirag
TITLE.
. CE0 . February 28, 2012
DATE.
FAILURE TO COMPLETE. S1GN. AND RETURN THIS FQRD4 WALL DISOUALIFY Tki1, PTO.
Page 2 of 34
Certifications
Legal Name of Firm:
Minds and Machines LLC •
Entity Type: Partnership, Sole Proprietorship, Corporation, etc.
Limited Liability Corporation
Year Established:
2009
Office Location: City of Miami, Miarni-Dade County, or Other
Main office; Other; Florida location; City of Miami
Occupational License Number:
Pending
Occupational License Issuing Agency:
Miami -Dade County and/or City of Miami
'Occupational License Expiration Date:
Date unknown pending approval
Respondent certifies that (s) he has read and understood the provisions of City of Miami Ordinance No,
10032 (Section 18-105 of the City Code) pertaining to the implementation of a "First Source Hiring
Agreement": (Yes or No) .
Yes
Do you expect to create new positions in your company in the event your company was awarded a
Contract by the City? (Yes or No)
Yes
In the eventyour answer to question above is yes, how many new positions would you create to
perform this work?
5
Please list the title, rate of pay, summary of duties, number of positions, and expected length or duration
of all new positions which might be created as a result of this award of a Contract.
Manager, $150K, 5 yrs, executive; 2. Mktg Director, $130K, 5 yrs, marketing; 3, Miami
aison, $80K, 5 yrs, liaison with City of Miami; 4.Comznunity Liaison, $80IC, 5 yrs, 7iaisvn wi-
mmi community; 5. Mktg Assoc., $50K, 5 yrs, assistance with marketing
Will Subcontractors) be used? (Yes or No)
Yes
Page 3 of 34
Table of Contents
1 Company information 3
1,1 Contact Information 3
1.2 Company Overview 3
1.3 Relevant Expertise 6
1.4 Company Financial Information 10
1.5 Contracting Party 12
2 Technical & operational capacity, experience and approach 14
2.1 Project and Relationship Management 14
2.2 ICANN Application
2.3 TLD Capability and Capacity
2,4 TLD Expertise
2.5 IPv6
2.6 Security and Stability
2.7 Data Protection and Law Enforcement Access
2.8 Accounting and Reporting
2.9 Policy Development
2,10 Customer Support
2.11 Human Resources
2.12 Marketing
2,13 Compliance
2.14 Transitioning
16
19
21
32
33
33
40
40
43
44
45
47
48
3 Financial proposal .,.. 49
3.2 Alternative Financial Proposal 51
4 Other Questions . 51
4.1 Other Information 51
4.2 References ....52
4.3 Legal .52
4.4 Conflicts of interest 52
5 Glossary 54
6 List of Attachments 57
6.1 Attachment 2..8.1—Sample Reports 58
6.2 Attachment 2.9.1—Policy Framework 58
6.3 Attachment 3.1.6— Expected Case Financials 59
6.4 Attachment 3.1.6 -- Optimistic Case Financials 60
6.5 Attachment 3.1.6 — Worse Case Financials 61
RFP 291270
Informal Request for Proposals to Establish, Operate, and Administer dot M IAMI
1 Company Information
1.1 Contact information
1.1.1 Company/organization name (including legal and trading names if applicable);
Minds and Machines, LLC (referred to throughout this RFP as "M+M")
1.1.2 Headquarters registered address:
3100 Donald Douglas Loop North; Hangar 7, Santa Monica, CA 90405.
1.1.3 Postal address (if different):
As above.
1.1.4 Name and position of contact personfor information and inquiries:
Antony Van Couvering, CEO
1.1.5 Telephone:
(310) 452-1491 landline; (917) 406-7126 mobile
1.1.6 Email address:
avc@mindsanclmachines.com
1.2 Company Overview
1.2.1 Company structure
M+M is a limited liability company established under the laws of the State of California.
1.2.2 Ownership structure, including whether publicly traded or not, shareholdings
greater than 10%, or board and governance structure, and objectives if
nonprofit
M+M is a private company, wholly owned by Top Level Domain Holdings, Ltd. ("TLDH"), a
publicly traded company. TLDH is a publicly traded company on the AIM market of the London
Stock Exchange, traded under the ticker symbol TLDH, Shareholders of TLDH with greater than
10% of the outstanding shares are Fred Krueger (Board member of TLDH). TLDH is managed by
a board of directors consisting of five executive and two non -executive members, as follows;
Peter Dengate Thrush, Executive Chair; Antony Van Couvering, CEO; Fred Krueger, Chief Strategy
Officer; Guy Elliott, Chief Investment Officer; David Weill, Chief Financial Officer; Clark Landry
(non -exec); and Michael Mendelson (non -exec).
RFP 291270
informal Request for Proposals to Establish, operate, and Administer dot MIAMI
.1.2.3 Names of company officers, board members, senior management team and
other key personnel
M+M's company officers, board members, and senior management team are as follows:
• Officers: Antony Van Couvering, Fred Krueger.
• Board Members: Antony Van Couvering, Fred Krueger.
• Senior Management Antony Van Couvering (CEO); Peter Dengate Thrush (VP Policy);
Elaine Pruis (VP Client services); Brian Seidman (VP Corporate DeveVopment).
TJ.DH is managed by its executive Board members, as follows:
• Executive Chairman; Peter Dengate Thrush
• CEO: Antony Van Couvering •
• Chief Strategy Officer: Fred Krueger
• CFO; David deJongh Weill
* Chief Investment Officer: Guy Elliott
In addition, if chosen, we plan to hire a Miami -based senior management team dedicated to Dot
Miami, as detailed in the answer to Question 2.4.10 and elsewhere.
.1.2.4 Care competencies
Ml -M was formed In January 2009 specifically to provide registry services for new top-level
domains. it is part of a family of companies majority owned by TLDH with a common core
senior management team supported by local expert staff. Our team has experience launching
and managing dozens of top-level domains, and in particular in implementing solutions to
respond to policy requirements. Our core competencies include;
• Technical operations of top-level domain registries, including implementation of
policy vla software.
* Top-level domain policy development, including use and abuse policies, complaint
resolution procedures, community involvement, transparency and good governance
best practices, and minimization and mitigation of abusive practices.
• Marketing and distribution of second -level domains, including thorough knowledge
of registrar issues.
• Management of top-level domain governance issues in a global context, including
extensive experience with ICANN, IGF, and other governance bodies.
RFP 291270
Informal Request for proposals to Establish, Operate, and Administer dot MIAMI
• Entrepreneurial experience: our board members and senior management have
collectively created over US$1 billion in shareholder value
• Thorough knowledge and experience in intellectual property do the Internet, both
from a legal perspective (UK, Commonwealth, and US jurisdictions in particular) and
from a practical domain -name perspective from our experience operating TLD
registries and ICANN-accredited registrars.
• Extensive contacts and relations with leaders in all aspects of the domain name
ecosystem. Contacts include major figures in governance, both global and local;
technical issues, including DNS, security, fraud prevention, hardware and software
development, and standards development; marketing and distribution, including
registrars, ad networks, and direct marketing; legal, including data protection and
privacy, intellectual property, and policy development; financial, including major
figures in banking, hedge funds, and venture capital,
1.2.5 Brief description of the company's business model, including percentage of
total or projected revenue deriver! from new gTLD-related work compared to
other activities .
The business model of M+M is provide services to apply for, launch, operate, manage, and
administer new top-level domains, both those applied for by TLDH and those of our clients. We
expect that 100% of our projected revenues will come from gTLD-related work. The business
model of TLDH is to invest in new gTLD opportunities,' and, through its operating companies —
Minds and Machines LLC in the U.S., Minds and Machines Limited in the United Kingdom, and
Minds and Machines GmbH In Germany — to assist new gTLD clients to apply for, launch,
operate and manage new generic top-level domains (gTLDs).
M+M provides new gTLD technical and consulting services .to its clients and to its affiliated
companies. M+M, based in Santa Monica, will supplement and support the Miami -based staff
dedicated to Dot MIAMI,
1.2.6 Location(s) of company operations, including where operations serving dot
MIAMI would be located
Our initial operations serving dot MIAMI are located at our Miami offices at 3301 M.E. 1$1 Avenue,
Suite L307, Miami FL33137, with support from our Santa Monica offices at 3100 Donald Douglas
Loop North, Hangar 7, Santa Monica, CA 90405. If we are chosen to operate dot MIAMI, our
staff will grow (see 2.10.4) and we will upgrade to new offices in Miami. Our sister company
M+M has -offices in Santa Monica, New York, and Seattle, Our German -based sister company,
Minds and Machines GmbH, has offices in Berlin. In addition, TLDH board members maintain an
RFP 291270
Informal Request for Proposals to Establish, operate, and Administer dot MIAMI
office in Singapore, which is open to our use. The operations of dot MIAMI would be served
primarily from the Miami and Santa Monica offices.
1.2.7 Length of time in business (and any relevant pre -establishment history),
M+M was established in January 2009. TLDH was established in 2008. Members of the core
management team common to all our affiliated companies (including the Chairman and CEO)
have been involved in domain name businesses or organizations for snore than ten years. Their
relevant history is fully set out below in Section 1.3.
1.2.8 Any planned 1POs, mergers or acquisitions and/ar company restructuring.
None.
1.2.9 Listings for publicly traded companies
Top Level Domain holdings Ltd, which wholly owns M+M, is listed under the ticker symbol TLDH
on the AIM market of the London Stock Exchange,
1.3 Relevant Expertise
1.3.1 Experience in the rw space.
We have both the ability and experience to fulfill the new gTLD requirements for dot
MiAMI, We already operate an EPP registry service that meets ICANN's new gTLD compliance
standards. The registry's technical system is built to IETF standards, and currently powers.
the .FM TLD,
M+M was formed in 2009 for the single purpose of providing registry services for new
gTLDs. Therefore, as a firm, our experience is necessarily limited. However, as a team, we have
very deep experience in the areas covered by this question, and it is this experience we will
cover here.
Members of our senior team have planned and executed multiple TLD launches and
transitions. We have experience launching over 30 top-level domains, both gTLDs and ccTLDs.
This has allowed us to establish deep and Fong -lasting relationships with registrars, major ISPs,
software vendors, governmental actors, standards -setting bodies, law enforcement, and a host
of other players peripherally (but importantly) involved in running a TLD. Our experience and
contacts will be of great benefit for the launch and operation of dot MIAMI,
Registry Software. Espresso is based on CoCCA, a platform for ccTLDs, but further developed to
be fully ICANN-compliant for new gTLDs. CoCCA powers over 35 ccTLDs today, and is the most
widely distributed registry platform on the planet. Having been originally developed to meet
fiFP 91270
Informal Request for Proposals to Establish, Operate, and Administer dot MIAMI
the requirements of dozens of different governments and entrepreneurs, our registry platform
is easily the most flexible and extensible on the market, and has been used and tested in a wide
variety of conditions over many years. We have a secure, replicated and redundant operation,
with excellent software support.
Management. Our management team is comprised of recognized leaders in the industry with
extensive business and policy experience.
Peter Dengate Thrush, our Chairman was one 'of the leaders involved in the early days of
internetNZ, the New Zealand ccTLlD. In the late 1990's he helped write the early policies for
dotNZ, and developed the processes that led internetNZ to become a model for ccTLD
administration, widely copied globally. He served as Chair of internetNZ from 1999 to 2001,
He served as Chair of the Asia Pacific Top Level Domain Association from 2003- 2007. In his term
as Chair of the APTLD he helped build that organization from a volunteer secretariat to a fulltime
CEO and staff, resulting in achieving increased membership targets, greater revenue and better
services to members. APTLD is now a respected voice in the international Internet
community. He has participated in multilateral negotiations, chaired meetings or given
presentations in approximately 60 cities in 50 countries, He is internationally recognized as a
leader In the Internet world,
Antony Van Couvering, our CEO, helped to launch ,BT (Bhutan), .PW (Palau), and .TM
(Turkmenistan) as ccTLDs, and provided assistance to several other ccTLDs in both their launch
and operational phases. As a registrar, he represented corporate clients in the launches of .info
and .biz, resulting in a much higher rate of successful registrations than any of his competitors,
Mr, Van Couvering has worked with domain names and Internet infrastructure since 1996, and
has had a substantial role in Internet governance and policy development throughout his career.
He worked with Dr. Jon Pastel, founder of the IANA, on a plan to restructure and revive the .LIS
domain, elements of which were used in the eventual .US restructuring after Dr. Posters death
in 1998, In 1997 he formed NetNames in the U.S, (part of NetNames international, which
operated both in the U.S. and Europe) and began working with major corporate clients to
protect their intellectual property on the Internet.
He founded two companies, NetNames and NameEngine, which today form the backbone of
two major providers of domain name services to corporate clients. NetNames pioneered the
business of corporate domain name services, which Mr. Van Couvering sold to NetBenefit,
Group NBT(AIM: NET), His second company In this area, NameEngine, which he sold to VeriSign
(NASDAQ: VRSN), developed the concept of corporate domain name portfolios (it is now part of
RFP 29Sz n._
informal Request for Proposals to Establish, Operate, and Administer dot MAW
Melbourne lT). He also founded a consumer domain name company, RegisterFREE, which was
sold to Melbourne IT (ASX: MLB).
Among the clients he signed and worked with were: Adobe, Amazon.com, American Express,
Bridgestone -Firestone, CFSB, Chanel, Citibank, Coca-Cola, Colgate-Palmolive, Dell Computer, DLJ,
Estee Lauder, Guerlain, Intel, Netscape, Paccar, Steinway, Viacom and many others. He also
worked through a number of highly regarded IP law firms, including Brown Raysman, Fish and
Richardson, Fross •Zelnick Lehrman Zissu, Kenyan & Kenyon, McDermott Will & Emery, and
White & Case.
Elaine Pruis, our VP of Client Services, has handled the launches and/or management of overia
dozen ccTLDs over. the last ten years, including;
• .AF (Afghanistan) - educated registrars and consumers on the registration system
and TLD policies; supported day-to-day Maintenance, operations, and provided
support for registrars,
,CM (Cameroon) - supported the launch and sunrise for trademark holders, and
land -rush; provided training for hand-off of registry administrator.
.CX, .DM, .HT, .Kl, ,MU, .NF (Christmas Island Dominica, Haiti, Kiribati, Mauritius,
Norfolk island) - supported the administration, operation and maintenance of
registry operations for these ccTLDs,
.FM (Federated States of Micronesia) - oversaw the migration of .fm to the Espresso
Platform. Migration was achieved over a one -week timeframe. Elaine currently
manages the .FM technical operations and provides day-to-day support for the
business administration team.
• .GL, .GT, .GY, .MG, .MZ (Greenland, Guatemala, Guyana, Madagascar, Mozambique)
- provided a variety of services and Vevels of support for these ccTLDs. ' •
• ,PE (Peru) — participated in the migration of ,pe to a new registry platform.
Demonstrated and marketed the registry software to the ,pe CEO during their
registry selection and advised on registrar relations,
• .SB (Solomon Islands) - supported all registry operations.
• .TL (Timor L'Este, or East Timor) - handled the sunset of the old country -code
name ,TP, the migration of data to the new ,TL, and transition of registry to new
operators. The ,TP code was changed to .TL upon the independence of East Timor
from Indonesia.
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Informal Request for Proposals to Establish, Operate, and Administer dot MIAM1
1.3.2 Experience in the ICANN community
The senior members of our team have been involved with ICANN since its inception, and have
been a significant force in shaping how ICANN works, the policies of Internet governance in
general, and the specific rules for the new gTLD program.
We have studied and commented on every version of ICANN's Applicant Guidebook and have
been involved in most of the working groups formed to create and amend the policies that are
in the Guidebook. We understand the rules for creating names (and the exceptions to those
rules), and we also understand the role of public comment, how ICANN determines whether two
or more applications are considered to be in a "contention set," the strategies and tactics to
employ in the case of contending generic terms, and the rules governing objections by
communities, rights holders and governments,
Our very strong background in this area was strengthened in July 2011 when we were joined by
the former Chair of ICANN, Peter Dengate Thrush.
Peter Dengate Thrush, our Chairman, was active during the founding of ICANN. From November
2007 until June 2011 he served as the Chair of the Board of Directors of ICANN, and was a
member of ICANN's Board for many years prior to serving as Chair. In his term, Internationalized
Domains (IDNs) were introduced, DNSSEC was introduced to the root, and the relationship
between ICANN and the United States Government was fundamentally changed to increase the
accountability and transparency of ICANN to the international Internet community. His network
of contacts and understanding of the new gTLD process are unparalleled,
Mr. Dengate Thrush was one of the leaders involved in the early days of InternetNZ, the New
Zealand ccTLD, In the.late 1990's he helped write the early policies for dotNZ, and developed
the processes that led InternetNZ to become a mod& for ccTLD administration, widely copied
globally. He served as Chair of InternetNZ from 1999 to 2001.
He served as Chair of the Asia Pacific Top Level Domain Association from 2003- 2007. In his term
as Chair of the APTLD he helped build that organization from a volunteer secretariat to a fulltime
CEO and staff, resulting in achieving increased membership targets, greater revenue and better
services to members. APTLD is now a respected voice in the international Internet community.
He has participated in multilateral negotiations, chaired meetings or given presentations in
approximately 60 cities in 50 countries. He is internationally recognized as a leader in the
Internet world.
Antony Van Couvering, our CEO, was one of the founders of ICANN and an important figure in
Its early life, chairing the meeting that set up the different bodies within ICANN and establishing
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the ground rules for decision -making that are still in place today. He formed the international
Association of Top Level Domains (IATLD) and in that role served as a member of the executive
committee of the ccTLD organization within ICANN, He has remained active in ICANN as a
regular contributor to policy development working groups and commentator with strong
relationships at all levels of the organization.
Most recently, he served on the working group that led to the abolition of the separation
between registries and registrars in November 2010,
Elaine Pruis, our VP of Client Services, has been active in the ICANN community since 2003.
While working for CoCCA, Elaine advocated for several ccTLD members in the CCNSO and
represented. members in working groups. Most recently Elaine was a part of the Joint Applicant
Support working group, which over a two-year period, developed a multi -faceted support
program for disadvantaged applicants. She led the "In -Kind Services" group. Her sub-group's
recommendations were 100% adopted by the ALAC, GNSG, and ICANN Board.
While all of our competition necessarily pay close attention to ICANN, and work within its
structure, few if any have the experience, respect, depth of knowledge, and networks when it
conies to this primary regulator of new gTi_Ds.
Por dot NIIAMI, we offer multiple advantages: clear and authoritative advice concerning ICANN;
thorough understanding of the Applicant Guidebook and resultant likelihood of success with the
ICANN application; early warning of any policy changes that might affect the dot MIAMI TLD, .
and skilled and respected advocacy for positions and policies that matter.
1.4 Company Financial information
1.4.1 What is your annual turnover
M+M is an operating company of Top Level Domain Holdings Ltd. (TLDI-i), of which it is a wholly
owned subsidiary. TLDH isiisted on the AIM market of the London Stock Exchange (stock ticker
TLDH), and was formed specifically to invest in and operate new top-level domains.
Since the mission of our company is to invest in and operate new gTLDs, and new gTLDs do not
yet exist, we have small revenue compared to our expenses. Nonetheless, we. have a strong
cash position and are well prepared for the coming expansion of the domain name space. In
November 2010 we raised $4.8 million, and last month in January 2012 we raised an additional
1Q
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approximately $1.4,2 million. We have app y $25 million in cash reserves as of the date of this writing,
with no debt.
TLDH has a market capitalization of approximately US$67 million (42 million British pounds).2
Our last published financials, for the year ending October 2011,3 show an operating loss of £1,8
million on revenues of £54,000. For the year ending 31 October 2010, we lost £941,000 on
revenues of L62,000. For the year ending 31 October 2009, we had revenues of £315,000 and a
loss of £1.4 million. This last report starts the period since the company began its mission to
invest in and operate new gTLDs. As a public company, our full financial records are open for
inspection, and can be found on our website at http://www.tIdh.arg.
Our financial position is strengthened by the history and proven abilities of our principals,
Members of the management of TLDH have raised over $200MM, in their careers and created
over $1 billion in value with theft previous companies. Fred Krueger, the principal shareholder
and our Chief Strategy Officer, has created and sold eight companies -- to Viacom, Vivendi
Universal, Macromedia {now Adobe) and others. Guy Elliott, our Chief investment Officer, has
had a very successful career creating companies working with natural resources, Antony Van
Couvering, our CEO, founded and sold three domain name companies — to VeriSign, to
Melbourne IT, to NetNames (now Group NBT). We are experienced and successful from a
financial perspective and have every intention of repeating our past successes within TLDH.
1,4.2 What relevant insurance and indemnities do you currently possess related to
new TLDs/registry service provision and your potential partnership with the
City of Miami. What is the limit of their liabilities?
PLEASE SEE TRADE SECRETS COPY OF RESPONSE TO RFP
1.4.3 If requested subsequently will you provide your last three annual financial
reports?
Yes, although the operating history of M+M is less than three years. The financial results of our
parent company, Top Level Domain Holdings, Ltd., are publicly available, as highlighted above in
1,4.1.
See http://www.tldh.org/2012/02/placing.to-raise-approximately-9-0-million/
See http://www.lse.co.uk/Share Price.asp?SharePrice=tldh&goButton=Go!
3 See http://www.tldh.org/wp-content/,uploads/2b09/RBI/TLDH_Ltd-October2011^ElNAL.pdf
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1.5 Contracting Party
1.5.1 If awarded the contract, will you contract in your own right throughout the
term of the contract?
Yes.
1.5.2 if not, and you are acting as an agent for another entity, please give details of
that entity and your authority to enter into a contract with the City of Miami
on the entity's behalf.
Not applicable,
1.5.3 Detail which, if any, of your technical operations are carried out by third parties,
identifying the firms, describing any. SLAs you may have with them, any
relevant liability insurance and your contingency plans in the case of failure. if
you have ever experien.ced.° significant failure by a service .provider, please
describe the issues, what steps you took and how the matter was resolved,
Two major functions of the technical operations are carried out by third parties: data escrow
and DNS services, which includes both DNS and DNSSEC.
Data Escrow. ICANN requires data escrow via a 36-party provider, We have entered a long •
-
term arrangement with NCC Escrow International Limited (NCC), a respected provider of data
escrow services listed on the London Stock Exchange,
Data escrow full and differential deposits will be submitted to our data escrow partner, NCC,
according to the requirements detailed in Specification 2 of the registry contract in the Applicant
Guidebook. The deposit schedule will be met, and each escrow deposit will match the specified
format. The escrow files will be processed using compression and encryption, and will then will
be signed, transferred and validated.
Ow business contract with NCC requires that all ICANN-specified SLAs will be met by NCC. We
have a contingency plan in place in case NCC fails to provide services according to the ICANN-
required SLAs and our contracted agreement. Not only will we escrow the dot MIAMI 'data
with NCC, we will also store copies of the escrow files in multiple locations, For every escrow
deposit submitted to NCC, we will store a duplicate copy of that escrow deposit on our local
servers and at our secondary NOC, If NCC faits to escroinr the data we will have an exact copy
available far use as necessary.
DNS and DNSSI C, We contract with Packet Clearing House (PCH) for DNS services. PCH is the
industry leader in DNS, evidenced by'their creation and early implementation of anyeast, as well
as the invention and use of many other security and stability evolutions in DNS
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Informal Request or Proposals to Establish, Operate, and Administer dot MIAMI
technology. PCH has been operating production anycast for TLDs and in -critical infrastructure
in-addrs since 1997, with 100% up -time over more than 14 years. PCH operates the world is
largest, oldest,. and most continuously -available anycast server cloud. PCH first hosted the
production anycasting of a root nameserver in 2002 and has built or designed many of the
other large anycast clouds on contract. PCH servers are used to provide ccTL0, root DNS, and in-
addl. DNS slave service, and supports IDN requirements.
PCH is responsible for the construction and support of more than a third of the worlds
approximately350 Internet Exchange Points (IXPs). They provide leading global TLD DNSSEC key
management and signing infrastructure. PCH`s anycast DNS narneservers system operates with
approximately 50 locations on six continents.
PCH has positive working relationships with IANA, root operators, and other DNS providers. TCP
and UDP RTT Service Level Requirements have been, and will continue to be, met. PCH's
expertise and robustness far exceeds the 1CANN requirements for DNS.
Highlights of the PCH DNS implementation include:
• A highly robust global anycast network;
• Proven track record of 100% DNS uptime;
• Fully compliant with all RFCs including 1034, 1035, 1101, 1982, 2181, 2182, 2671,
3226, 3596, 3597, 3901, 4343, 4472, 5155;
• Full DNSSFC capability and support;
• Experience mitigating DDOS attacks;
1DN support
IPv6 capable with IPv4-#Pv6 dual stacks at nodes;
• 'Diverse DNS node announcement strategy
• Compliant with Specification 6 and all ICANN policies.
All DNS service parameters, including DNSSEC proper resolution, willbe met through the
utilization of PCH's DNS system, a world-renowned, industry leader in the DNS field. PCH is the
only DNS provider to commercially offer Level 4 DNSSEC, the highest possible security level,
which is utilized for the root servers.
[For the remaining part of our answer to this question, please see the trade -secrets copy of our
response.]
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Informal Request for Proposals to Establish, Operate, and Administer dot MIAMI
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Technical & operational capacity, experience and approach
2.1 Project and Relationship Management
2.1.1 Please supply two examples (no more than 500 words each) of successful
partnerships or business relationships you have been part of to deliver Large,
complex projects or programs.
Example 1: Migration of the .FM Top Level Domain
One large and complex project that we handled was the migration of ,FM from an archaic
database system to the new gTLD-compliant EPP Shared Registry System (SRS), now branded by
us as Espresso. Elaine Pruis, VP of Client Services for M+M, Ved the project and remains
responsible for overall .FM registry network operations.
The .FM registry is well known for supporting innovative on-line radio entertainment. PIay.FM,
Last.FM, Ping.FM and Turntable.FM are just a few of many successful businesses operating'
under the .FM TLD. It is the go -to TLD for Internet radio, music, media and broadcasting, In
2011, BRS Media, the .FM administrative arm, was named by Inc. Magazine as one of the
fastest -growing .private companies for an astonishing fourth year in a row. In addition; BRS
Media ranked in the list of Top 75 Media Companies that featured prominent companies such as
Pandora, FriendFinder and Demand Media. Thls Is a high -profile, innovative,. and demanding
dornain space that requires utmost stability, responsive support, and a back -end registry
operator that is flexible and able to stay ahead of the technology curve.
We won the .FM contract in 2010, whereupon we built out a dedicated NOC in Los Angeles at
One Wilshire, the world's most connected data center.
The NOC requires complex hardware systems including load balancers, switches, servers, and
monitoring equipment. Ali of the gear was specified and•purchased within two weeks of the
decision to move the registry to the LA NOC. An expert Network Architecture Engineer was
flown in from Australia to create the initial registry environment and train our staff on
configuration and operations,
More than 200 Registrars were informed of the upcoming transition through an email campaign
and weekly conference call updates. The migration was planned so that the end customer would
see no.loss of service, and were completely unaffected by the move.
Once all of the equipment was networked, the operating systems had been installed, and every
part proven stable, the SRS was installed. The SRS operated with dummy data and was
thoroughly tested over a week's time. During that period the .FM legacy data was cleaned up
Informal Request for Proposals to Estabiish, Operate, and Admnister dot MIAMI
and massaged to cleanly import at the end of the testing stage. When all systems were verified
and the engineers signed off on the migration,. it was coordinated. with the. registrars that .the.
registry service would be unavailable for the planned window. The registry data was then
moved from the old system to the new system, The DNS service.was redirected to the new .FM
IP range, the SRS services started, and new zone files were propagating within a few hours. All
parties involved in the migration vigorously tested and closely monitored the live production
system for a 24 hour window. A high -alert state was continued for two weeks but no problems
occurred.
The migration was considered to be flawless, and the .FM registry continues to operate in a
stable, responsive manner today. Registration volumes have increased 15% since we took over
operations of the registry,
Example 2: New gTLD Implementation
The development of the new gTLD program is an example of a complex and ultimately
successful project. The ICANN Board was led throughout this period by Peter Dengate Thrush,
our current Chairman. A brief description of some of the many parties involved in this multi -
stake holder process is given below.
ICAI N's Generic Names Support Organisation ("GNSO") began in 2005 to develop a policy for
the introduction of new gTLDS, following two pilot expansion rounds in 2000 and 2003/4. in July
2007, a final report was published, and after further public comment it was passed to the Board
for action.
The policy decisions had been made — the Board's task was implementation. The Board first
asked ICANN staff or whether it,could be implemented, and the staff responded with a series of
papers on individual topics. Based on these the Board discussed concerns relating to geographic
names, non -Latin scripts, and thorny issues of public order and morality, until in Paris in June
2008 the Board adopted the policy and asked staff to deliver a final implementation programme.
Few realized 'at that historic vote that it would be three further years before implementation
would be reached,
There followed a series of eight versions of the Applicant Guidebooks —a process by which staff
took GNSO policy work, public comment, and specialist research papers, and developed the
rules by which new gTLDs would be added to the Internet.
The intellectual Property Constituency ("IPC"), a member of the GNSO, played an active,
challenging role in this process. IPC had agreed in principle to the GNSO Final Report, but still
questioned whether new gTL.Ds were useful
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In an effort to bridge this gap, Board members suggested in March 2009 that a specialist
trademark team develop IP protection •mechanisms that would be acceptable to the whole
community. The IPC formed such a team, which led to a series of enhanced trade mark
protections,
Another major partner in the process was the Governmental Advisory Committee ("GAC"). Once
it became clear that the Board were not going to accept ail of the GAC positions, a formal
correspondence began to seek compromise. This set the scene for some historic face-to-face
negotiations between the Board and the GAC, commencing in February 2011 and continuing
right through to the Singapore meeting in June 2011.
Peter Dengate Thrush, our Executive Chairman, worked on these (and other) issues, leading staff
and the Board to implementable decisions out of the competing interests and views of the IPC,
the GNSO council, the GAC, the registries and the registrars. This included keeping the Board
focused and productive through hours of additional and extended meetings, encouraging staff
Coproduce thousands of pages of reports, papers, minutes arid updates, chairing public debates
and public sessions, media interviews and debates. It meant working with each of the partners
mentioned, in .often heated and adversarial conditions. On 21 June 2011 the Board adopted an
implementation scheme for the introduction of new gTLDs according to the GNSO policy.
2..1..E 'please explain your approach to creating and maintaining good and profitable
working relationships with the City of Miami and dot MJAMI stakeholders
[For our answer to this question, please see the trade -secrets copy of our response.]
2.2 ICANN Application
2.2.1. Describe in no more than 1500 words how you will manage the dot MJAMI
application in partnership with the City of Miami, including but not limited to:
2.2.1..1. Application planning and timeline to ensure a timely and complete application
ICANN requires that an applicant fora new generic top-level domain (gTLD) demonstrate a high
level of technical knowledge, financial stability, business acumen, and an understanding of the
policy framework under which a top-level domain must be operated and administered. A gTLD
is a critical piece of Internet infrastructure, and the manager of a gTLD must serve its registrants,
its contractual partners (such as ICANN and any contracted registrars), and the global Internet
community generally.
The essential spirit of gTLD management is that of service to its constituents, first enshrined in
the domain name industry's founding document, RFC 1591, written in 1994, which says:
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Informal Request for Proposals to Establish, Operate, and Administer dot MIAMI
Concerns about "rights" and "ownership" of domains are
inappropriate. it is appropriate to be concerned about
"responsibilities" and "service" to the community...4
Approached from this perspective, the requirements of the ICANN Applicant Guidebook are
fogical and straightforward. They require that the applicant understand its responsibilities and
has the resources and a plan to fulfill them.
We have been deeply involved as volunteers at ICANN in the sir, years of development of the
policies that shaped, and now comprise, the Applicant Guidebook, and have an excellent
understanding not only of the questions themselves, but the reasoning behind them. We are
fully confident that any application we are involved with will be accurate, complete, and will
pass all evaluations.
The ICANN application has 50 questions, which car be broadly divided into four categories:
• Questions about the applicant
• Questions about the applicant's mission, and the policies necessary to accomplish that
mission
• 'Questions about the applicant's technical infrastructure
• Questions about the applicant's financial capabilities and its understanding of business
processes
[For the remaining part of our answer to this question, please see the trade -secrets copy of our
response.]
2.2,1.2 Elaborating the purpose of the TLD for the City of Miami.
We believe much of the work has been done on defining the purpose in the preparations made
by the City of Miami to date, in order to have issued a detailed RFP.
From our own discussions with the City of Miami it is clear that dot MIAMI is intended to
provide an Internet "home" for people and activities with a "Miami" focus, specifically for
marketing Miami activities, businesses and people, and in a way that will raise funds to further
promote those activities. Dot Miami will be badge of pride and origin for those activities.
[For the remaining part of our answer to this question, please see the trade -secrets copy of our
response.]
2.2.1,3 Consultation with relevant stakeholders on key strategy policy issues
The RFC defines the relevant stakeholders as including "business, including ICT players,
registrants and intellectual property rights -holders; civil society including relevant human rights
4 See www.ietf.org/rfc/rfc1591.txt
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Informal Request for Proposals to Establish, Operate, and Administer dot MIAMI
advocates; local and national government; [and] law enforcement.' To these stakeholders we
would add local community groups.
[For the remaining part of our answer to this question, please see the trade -secrets copy of our
response.]
2.2.1.4 Elaboration of business model and plan
Our management team is intimately familiar with the finances of a. TL,D operation, and with the
ICANN application requirements. We will build and submit to the City of Miami with the draft
application a business plan sufficiently detailed to satisfy the ICANN requirements, in particular
the internal consistency and Continuing Operations Instrument requirements.
2,2.1.5 Development of required policies and procedures
We have comprehensive documented policies on all of the issues raised in the application, many
of them derived from our years of experience in operating TLDs in a variety of policy
environments around the world. As a result of that experience, they have been thoroughly
"road tested" under operational condition. An overall policy framework (to be modified as
required) is attached as Attachment 2.9.1. We will be able to adapt these policies readily to any
special conditions applying in the dot MIAMI environment after consultations with the
Stakeholder Advisory Group, and in the implementation and operations phases. After
delegation, .we will be able to develop policies covering Sunrise, Landhsh, auction and other
matters whose precise details are not required for the ICANN application.
2.2.1.6 Preparing and submitting all application documentation on behalf of the City of
Miami through the ICANN TLD Application System
Our companies have been purpose-builtto attend to the requirements of the ICANN application
system. Our team members have been intimately involved in the development of these systems,
and monitor them for changes. We are•in communication with ICANN staff on the technicalities
of use of their submission system. We will prepare and submit ail documentation through the
ICANN system in a compliant and timely way.
2.2.1.7 Support of the City of Miami throughout the entire evaluation process
[For our answer to this question, please see the trade -secrets copy of our response.]
2.2,1.8 Management of any objections or contentions
[For our answer to this question, please see the trade -secrets copy of our response.]
2.2.1.9 How would you keep the City of Miami and stakeholders informed
[For our answer to this question, please see the trade -secrets copy of our response.]
1
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Informal Request for proposals to Establish, operate, and Administer dot MiAMI
2.3 TLD Capability and Capacity
2.3.1 Abase give an overview of your overall technical and operational capacity
relevant to TLD.operations.
We have the ability and experience to manage the dot MIAMi TLD. We already operates an EPP
shared registry service, "Espresso/' which meets ICANN's new gTLD compliance standards. The
Espresso platform is based on the CoCCA SRS, which currently powers more than 35
TLDs. Espresso's technical registry system is built to IETF standards, and is currently used by us
to operate the ,FM TLD, This same system will be used as prototype for building the dot MIAMI
dedicated SRS.
Our back end registry, Espresso, provides critical registry services plus customary administrative
functions:
Receipt of data from registrars concerning registration of domain names and name
servers through IETF RFC compliant EPP, known as the Shared Registry System (SRS),
and through a GUI, offering both a Production Environment and an Operational and
Testing Environment,
▪ Dissemination of TLD zone files (DNS),
R Dissemination of contact or other information concerning . domain name
registrations (RDDS, also known as "Whois"),
• Ability to support and maintain Internationalized Domain Names (IDNs),
• DNS Security Extensions (DNSSEC),
• IPv6 and 1Pv4, compliant with Specification 6 of the registry contract in the
Applicant Guidebook,
• Standard ICANN reporting,
Primary and Secondary SRS are in geographically diverse locations, and
Bulk domain import and transfer functionality.
The Registry system receives data from registrars, writes the data to the database, and
disseminates TLT] zone files to DNS services. The registry has an RDDS function so that contact
and domain registration information may be retrieved through a publicly available web page.
RDDS updates are dynamic, and DNS zone files are updated according to the schedule
established for the particular TLD, The registry zone servers hold the master zone files, and are
verified with DNSSEC. The EPP ,interface, RDDS servers,. and DNS servers are all fully RFC
RFP 29I27p
Informal Request for Proposals to Establish, Operate, and Administer dot MIAMI
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compliant, as required by ICANN. The Registry system leverages anycast technology for DNS.
The SRS supports both JPv4 and IPv6 NS entries.
The registry system also automates required monthly reports to ICANN, and builds escrow data
files in accordance with ICANN's requirements. We supply an Operational and Testing
Environment (CITE) for registrar use, and more than 200 registrars are already connected to our
platform. With a large number of the most popular registrars already technically integrated, the
burden of going to market is significantly lessened compared to a registry that must launch from
scratch and integrate registrars prior to the launch phase.
Additional services included in the Registry services are Internationalized Domain Names,
Reporting, Registrar Billing, Registrar Support, and Sunrise and Trademark Clearinghouse
services. All of these services conform to the new gTLD requirements, and are currently in use
for the operation of the .FM TLD. The Registry system is scalable, and thus can accommodate
the increase on service demands that growth in the dot MIAMI TLD will bring.
2.3.2 low do you meet Specification 6 of the Applicant Guidebook (on
interoperability, continuity, and performance) and all relevant JFTF RFCs? •
We will meet the requirements of Specification 6 "Registry Interoperability And Continuity
Specifications" while operating dot NAM] by utilizing Espresso, our registry platform, We have
a history of providing a highly reliable and robust domain name registry services to the global
community of registrars, registrants, and Internet users. The registryoperates on a state-of-the-
art platform that has been proven to be secure, reliable, and robust. The registry infrastructure
is specifically designed to handle the high transaction volumes found in the TLD registry business.
The EPP interface, RDDS servers, and DNS servers are all fully RFC compliant, as required by
ICANN.
In addition to the core registry services, the registry system provides a comprehensive billing
and reporting solution, data escrow services, and full Internationalized Domain Name (ION)
support. Services are backed by a 247 help desk and network operations center.
[For the remaining part of our answer to this question, please see the trade -secrets copy of our
response,]
.RFP.291290'
Informal Request for Proposals to Establish, Operate, and Administer dot MIAMI
2.4 TLD Expertise
2.4.1 Please provide details of your key personnel and proposed subcontractors'
knowledge and experience of technical, operational and business plans for new
TLDs, referencing the requirements of the )CANN Applicant Guidebook (no
more than 500 words).
We have assembled an exceptionally strong team with extensive experience operating,
administering, maintaining and marketing .TLDs. Even beyond our experience in registry
operations detailed in other parts of this proposal, we believe that our experience in dealing
with customers directly sets us apart and is of critical importance in the success of the dot
MIAMI registry. Our experience as registrars, who deal directly with domain name customers,
gives us a special insight into how to promote, market, price and position dot MIAMI domain
names.
Our tearn's experience includes:
The acquisition of the delegations of several TLDs
• Providing technical infrastructure
• - Training registrars and consumers on the use of the registrations system
• Policy creation and education
• Day -today registry maintenance and operations
• Registrar relations and support
• Marketing
• TI_D launches
• Sunrise and Landrush
• Migration and Transitions of legacy registries
• Business Development
• Software development
We also have extensive experience in marketing gTLDs and in dealing with customer issues, As
hundreds of new gTLDs come online, registry operations will increasingly include what were
formerly registrar issues, as consumers increasingly look directly to registries for solutions to
their problems. Informed observers agree that the line between registrars and registries will
become increasingly blurred as registries realize they cannot rely on registrars for marketing in a
world where registries outnumber registrars, and ICANN increasingly loosens the restrictions on
the sale of domains directly by registries.
Our experience with top-level domains extends beyond ICANN-regulated gTLDs, such
as .info, ,com, _and net, to ccTLDs, such as ,fm, ,cx, .gs, and many others. While ccTL..Ds are not
required to comply with ICANN consensus policies, the underlying infrastructure far gTLDs and
RPP-291-2T&
Informal Request for Proposals to Establish, Operate, and Administer dot MIAMI
ccTLDs is nearly identical, and ccTLDs generally look to the Internet Engineering Task Force (IETF),
to applicable Requests for Comments (RFC) and to ICANN's Internet Assigned Numbers
Authority (IANA) for guidance and best practices. ccTLDs are often the source of new technical
and policy ideas that after the proper policy process end up as ICANN consensus policies. ccTLDs
are also much closer to their customers because often they operate without registrars as
Intermediaries. Our experience with ccTLDs is therefore very relevant to the .dot MIAMI launch
and management.
The primary operational difference between ccTLDs and gTLDs is the direct involvement of local
governments in the former. We believe that our experience in working with governments and
understanding their imperatives, which are often very different from the commercial/policy
imperatives of ICANN, is relevant and helpful to working with the City of Miami. It has also
affected the design of the Espresso software which can handle the complicated rules and
verification procedures demanded by the many ccTLDs that it serves.
2.4.2 Give details of TLDs you operate, or have operated, or are likely to operate in
the future.
Members of our team have operated and provided a broad range of services to several TLDs
with diverse business models over a lengthy timeline. The following timeline indicates which
TLDs were under management, the nature of the operational role, and in some cases a summary
of the technical and financial performance. Most ccTLD registration numbers are not published
and are considered proprietary. Instead we note the general health of the To. We also discuss
the SRS and policy development, as our staff have been instrumental in building the policy
framework and SRS to its current state. Following the timeline is a quick -view table displaying
the entire list of TLDs that have been under our management.
2.4.2.1 Dates of operation
Past Operations .
2002 - Elaine Pruis provides customer, registrar, and development support for the .cx registry,
The .cx registry operates on a legacy API registry system. A helpdesk ticketing system, FAQ, and
development tracking toot is implemented,
2003 - The registry administrators of ,cx, .gs, and ;nf work together to develop a Shared Registry
System (SRS) API for a standardized platform. This standardization removes barriers registrars
face in offering smaller ccTLDs to their customers. Registrars are now able to more easily offer
these TLDs to their existing customer base, and several registrars gain new customers.
informal Request for Proposals to Establish, Operate; and Administer dot MIAMI
The Council of Country Code Administrators is formed to provide resources for ccTLD operators
as a service to the community, CoCCA is a not for profit member owned organization that shares
technology, policy, and 1CANN liaison services. Ms. Pruis' support role expands to serving all
CoCCA members.
Linder the advice of the Office of the Domain Name Commissioner (NZ) and also drawing on the
co.uk policy, an Acceptable Use Policy framework is developed.
In order to protect communities from cybercrime and Intellectual Property Rights infringements,
the AUP is made available to the entire ccTLD community.
Dominica, .dm, implements the SRS API on a local NOC. Ms Pruis travels to Dominica to provide
on -site training of the registry system to local staff and administrators. A registrar tool is
developed, allowing legacy domains that had been registered directly with the registry office to
be technically managed by the TLD administrator.
2004 — Further development of the AUP occurs. As a show of support, multiple ccTLDs adopt the
policy framework even though they are using other back -end registry providers, ,
PDNS (Power DNS) is offered to registrants as a hosting option,
After the name of the country changes, the ,tp code is sunsetted, and all domains are then
matched to the new country code, .ti, The .tl registry. is migrated to the SRS platform and
administered by Ms, Pruis.
2005 — Mauritius, .mu, is migrated to the CoCCA Shared Registry System, Ms. Pruis provides
local training, technical support to the local operators, and periodically manages the registrar
and customer support when the local operators vacation or take family leave. Namibia, .na,
migrates to the CoCCA Registry System. Registrars are informed of the change in technical
platform and supported during the transition
An EPP Shared Registry System is developed in response to International Engineering Task Force
(IETF) best practice recommendations, Further development of the software in order to support
1PV6 occurs, The standardization and stability of the EPP technical platform ushers in a new era
of world-wide sales for previously obscure TLDs.
2006 -- A Complaint Resolution Service for members is developed, where violations of AUP are
initially reviewed at no cost, An Ombudsperson works to mediate disputes that are not in clear
violation of the AUP. The CRS Is a much less expensive alternative to the WIPO UDRP process of
settling domain disputes. A Panel of Experts is formed to rule on disputes that are not resolved
'RFP 29170 .
Informal Request for Proposals to Establish, Operate, and Administer dot MIAMI
23
amicably by the Ombudsperson. A new Ombudsperson for mediation is appointed at the end of
the year,
Ms. Pruis. presents the harmonised AUP model at the domainers industry conference "Domain
Round Table" as an example of best practice policy. Those operators using the policy framework
are noted as seeking to responsibly promote the domain name space.
Afghanistan, .af implements CoCCA registry system. All .af domain records are migrated to the
SRS and registrars are supported through the technical change, as well as after the ,af TLD
begins operating on the SRS. South Georgia and Sandwich Islands, .gs migrate from the previous
operator, Adams Names, to the SRS, The .gs administrators work closely with Ms. Pruis, who
maintains the technical operations and provides registrar support. Kiribati, .ki implements the
SRS, Their data is migrated to the SRS, and Ms. Pruis provides operational and registrar support
for .ki,
A template Registrar Accreditation Agreement is created, harmonizing registry access policy. The
RAA removes legal department delays by allowing registrars to complete only one agreement
that enables access to all member ccTLDs. Network Solutions, as well as dozens more Registrar
companies, integrates with the new EPP Registry System. Several new TLD members migrate
legacy data to the fully developed EPP SRS. Registrars are now able to connect to a single portal
and offer multiple ccTLDs to their registrants. Eighty-one registrars are integrated with the SRS.
Registration volumes steadily increase. As the TLDs on the SRS become more prevalent and
therefore, more visible, credit card fraud becomes an issue. The registrar storefront that is
offered as part of the SRS package is overhauled to aid administrators in curbing and preventing
credit card fraud. TLDs using the SRS get a reputation for cracking down on cybercrime as soon
as it pops up, so bad actors move on to other TLDs.
A centralized heipdesk with FAQs is implemented for the increasing number of members in
order to lighten the customer service load, and several registry business functions are
implemented to ease management, including: reporting, black lists for prohibited names, auto -
mailing for notifications, and internal DNS for In -zone hosts.
2007 -- VeriSign becomes an accredited registrar and offers to their customers member ccTLDs.
Dozens more registrars are accredited in order to offer for sale domains on the SRS. Multiple
layers of security such as IP restrictions are put in place and enforced, Registrars are required to
use second -factor security tokens in order to access the Registry system. One Hundred twenty
three registrars are integrated with the SRS.
24
. . . RFP 29127a:. -
informal Request for Proposals to Establish, Operate, and Administer dot MIAMI
Mongolia, .mn, adopts the best practice policy framework; Heard and McDonald Island, .hm,.
joins CoCCA.
Because of the broad variety of TLDs now operating the SRS, development to support variable
commercial models occurs, The software now supports payments via wire, credit card, over the
counter, or a line cif credit, enabling administrators to choose the payment system that works
best with their business model, The software is further developed to support ENUM and
Internationalized Domain Names, IDNs. Several new features are added to the SRS for users,
including transaction receipts and deleted domain history,
Members report that CORP is expensive and a complex way to address some local issues, so
further development of the Complaint Resolution policy occurs, The goal of the policy regime is
to have a free Dispute Resolution System under a single environment to resolve complaints and
introduce amicable dispute resolution.
Ms. Pruis presents the SRS model at the LACTLD meeting in Venezuela, signing up Latin
American members, The SRS is presented by Ms, Pruis at the ccTLD Tech day during the Los
Angeles 1CANN meeting The system is installed an a laptop and 40,000 domain registrations are
taken during a one -hour session.
The SRS is offered on Scurceforge as an open -source registry solution. Members may now run
the system on their own servers in their own countries. This flexibility enables registries with
the necessary expertise to implement a world -class EPP registry system in -country without the
development costs. This service to the community enables resources and jobs to stay within the
homeland.
,SB. Solomon. Islands, migrates to the SRS away from AusRegistry. Afghanistan, .af, is no longer
supported on the SRS as internal strife has made zone upgrades unreliable,
ZODE — Peru, .pe implements the registry system in -country. Ms. Pruis assists with training and
migration support, and continues to provide ICANN liaison services for .pe after the transition is
fully complete. Guatemala, .gt, and Mozambique, .mz become members and are supported in
their use of shared resources, Haiti, .ht, Montserrat, ,ms, Guyana, ,gy, and Nigeria, .ng
implement the SRS tool in -country. Palau, .pw, joins CoCCA.
GLDCOM, Japanese academic institutes, and some international partners use the AUP
framework in a study of governance of Pacific Island ccTLDs. The project helps ccTLDs establish
policies to cut down on phishing and spamrriing.
Informal Request for Proposals to Establish, Operate, and Administer dot M1AMI
25...
The software is developed to make WHOIS (RDDS) disclosures modifiable in support of variant
privacy laws. Fourteen different language files are added to the. registry tool so users may
manage domains in their native language.
Ms. Pruis presents the SRS at the Paris ICANN meeting to prospective new gTLD applicants and
to the 180 Registrars are now integrated with the system.
2009 —CoCCA offers exclusive licensing agreement to M+M for use of the SRS in the gTLD space,
M+M provides "Capacity Building Grants" to CoCCA for development and training. "Espresso,"
the gTLD registry system based on the CoCCA SRS, is Paunched. CoCCA members upgrade to
Espresso CC (country code). Espresso CC development is funded by M+M, seeking through our
capacity building program to ensure that Espresso remains the most widely deployed and "field
tested" TLD registry system in use today,
.ECO and ,Radio applicants select M+M for registry services. Madagascar, .mg; installs and
operates Espresso CC in -country. Federation of Micronesia, .fm, migrates to hosted version of
Espresso CC. Cameroon, .cm implements the Espresso CC system in -country,
Additional security features are added to' block Conficker and other malicious DNS behavior. The
gTLD Iifecycle is now supported in Espresso CC, and gTLD required reporting functions and
escrow tools are added. DNSSEC is tested and implemented.
ENOM completes Registrar Accreditation bring the number of accredited registrars offering
member TLDs to 226,
2010 — Development of the SRS software to meet new gTLD requirements continues. The .FM
registry is migrated to a dedicated NOC and operations are completely taken over by M+M,
2011— The ;fm registration volumes increase 1S% from October 2010- October 2011, due to a
very stable technical platform, and increased targeted marketing.
Several new gTLD applicants contract with M+M for registry services. Our senior staff -are
present at every key 1CANN and GAC meeting, ensuring our client's positions are heard by
decision makers.
TLD
.af
Description Team Experience
Afghanistan From 2006-2008, when .af became fully
operational, Elaine Pruis educated registrars
and consumers on the registration system and
Informal Request for Proposals to Establish, Operate, and Administer dot MIAMI
TLD
.as
.ht
.CM
.cx
.dm, .ht, ,ki, .mu, .nf
:fm
Description
American
Samoa
Bhutan
Cameroon
Christmas
Island
Dominica,
Haiti, Kiribati,
Mauritius,
Norfolk
Island
Federated
States of
Micronesia
Tearn Experience
TLD policies; supported day-to-day
maintenance, , operations, and provided
support for registrars.
Antony Van Couvering and employees helped
focal residents acquire the original delegation
for .as and provided technical infrastructure
and marketing, Frorn 2006-2009, Elaine Pruis
advised the delegated operator on registry
systems.
Antony Van Couvering helped local residents
acquire the original delegation for .bt and
supported the 'launch of the .bt domain on
behalf of the Bhutan government.
Elaine Pruis supported the launch and sunrise
for trademark holders, land -rush; and provided
training for complete operational hand-off to
the registry administrator. 2008- 2009.
Elaine Pruis supported the administration,
operation • and maintenance of registry
operations for .cx from 2002-2010.
• Elaine Pruis supported the administration,
operation and maintenance of registry
operations for.dm from 2003-2008, .ht 2008-
2010, .ki 206-2010, .mu 2005-22010, and .nf
2003-2010.
Elaine Pruis oversaw the migration of .fm to
the Espresso Platform. Migration was achieved
over a very short tirneframe, The .fm registry is
Informal Request for Proposals to Establish, Operate, and Adrrlr ster dot MIAM]
_.27
TLD Description Team Experience
currently operated by M+M. 2009-current
.eg, .gl, .gs, .gt, .gy, .mg, .mz Egypt, Elaine Pruis provided an array of registry
Greenland, services and multiple levels of operational
Guatemala, support for the following TLDs: .eg 2007-
Guyana, 2009, .gl 2009-2010, .gt 2008-2010, .gs 2004-
Madagascar, 2010, gy 2008-2010, .rng 2009, and .mz during
Mozambique 2008.
.pe
.pw
Pert
Palau
Elaine Pruis demonstrated and marketed the
SRS to the .pe CEO during their registry
selection process, participated in the migration
of .pe to the SRS, .and advised on registrar
relations. 2007-2010.
Antony Van Couvering helped local residents
acquire the original delegation for .pw and
provided technical infrastructure.
.sb Solomon Elaine Pruis supported all registry operations
Islands for .sb''after it migrated away from AusRegistry
from 2006-2010.
.tl Timor L'Este Elaine Pruis assisted with the sunset of .tp, the
migration of data to .tl, and the transition of
the registry to new operators. The ,tl code was
changed to .tp upon the independence of East
Timor from Indonesia. 2004-2010
.tm
Turkmenistan Antony Van Couvering acquired the original
delegation and launched, marketed, and
operated .tm
Various Antony Van Couvering oversaw marketing and
software development .for VeriSign's Digital
28
RFP 291270
informal Request for Proposals to Establish, Operate, and Administef dot MIAMI
TLD Description Team Experience
Brand Management division from 2001 to
2004, which handfed domain names for major
brand holders in all ccTLDs. He regularly
advised ccTLDs on policy matters,
[For the remaining part of our answer to this question, please see the trade -secrets copy of our
response.)
2.4.2.2 The nature of your role (i.e., overall registry operation or registry service
provision)
See responses to question 2.4.2 and 2.4.3 for details of the work and services performed,
2.4.2.3 Summary of technical performance, including any downtime
Because of the large number of registries that we have operated, we simply note that with the
advent of the EPP SRS, technical performance in the TLDs we have operated became very
reliable and stable. Downtime was generally limited to the SRS being off-line during regular
monthly maintenance windows, where no domain change orders could be processed. None of
the TLDs we have operated ever experienced any DNS downtime (where domain names were
unable to resolve on the Internet).
2.4.2.4 Summary of financial performance, including registration numbers and changes
overtime
[For our answer to this question, please see the trade -secrets copy of our response.]
2.4.3 Do you have any experience operating or providing relevant services to a
registry operating a closed or verified registrant service (no more than 250
words)?
No, although members of our team have worked ,extensively as a registrar to registries with
closed or verified -registrant registries. As detailed below in 2.4.3,1, we are aware of many of
the methods employed by closed registries; we have had to comply with theta in our work as
registrars.
2.43.1 Describe your approach to .managing registrant pre -verification or authentication
if dot MIAMI were to require registrants (to be] located in the Greater Miami
area. Please include methodology and estimated costs, if available.
[For our answer to this question, please see the trade -secrets copy of our response.]
_. RFP297.270
Informal Request for proposals to Establish, Operate, and Administer dot MIAMI
29
2.4,4 Can you provide the required registry services according to the ICANN
Applicant Guidebook and draft registry.agreement? Please summarize
capabilities and, if you outsource any service to a third party, please name the
organization.
f For our answer to this question, please see the trade -secrets copy of our response.]
2.4.55 Please summarize your approach to providing registry services to dot MIAMI,
including:
2.4.5.1 Receiving registration and name server data from registrars
Espresso, our Shared Registry System (SRS), is an EPP-protocol compliant registry with a
server/client API and a web based graphical user interface (GUI). The Espresso registry platform
is based 'on the CoCCA SRS, which currently powers more than 35 TLDs, but updated extensively
during 2009 2011 to be fully ICANN-compliant, The Espresso registry platform is currently
used by the .FM TLD and provides services to nearly ail 1CANN-accredited registrars who make
up 95% of the total gTLD market share, The registry infrastructure is specifically designed to
handle the high transaction volumes found in the TLD registry business. The EPP interface is fully
RFC compliant, as required by ICANN,
As well as our two-year experience with .FM, our staff has over seven years of experience
operating EPP-based registries using CoCCA, a ccTLD-specific version of Espresso. This
experience includes working with, and developing relations with, ail major ICANN-accredited
registrars.
[For the remaining part of our answer to this question, please see the trade -secrets copy of our
response.]
2.4.5.2 Giving registrars zone server status updates
Registrars are given confirmation of domain change orders through EPP polling messages, and
TLD zone files are updated when new registrar orders are written to the database. The zone
files are then uploaded from the database to the TLD master server, and finally. distributed ...
through the DNS to slave servers that help end users resolve the whereabouts of the new or
modified domain name.
in addition, Specification 4 of the ICANN registry agreement requires that the Registry operator
must allow any qualified Internet user [including registrars) with which it enters into agreement
access to zone file data. We will allow such user to access the designated Internet host server
and download zone file data using the file format described in Section 2,1.4 of Specification 4,
RFP-291270..
Informal Request for Proposals to Establish, Operate, and Administer dot MIAMI
2,4.5.3 Disseminating the zone files
[For our answer to this question, please see the trade -secrets copy of our response.]
2.9.5.4 Operating registry DNS servers
We contract with Packet Clearing House for DNS services. Highlights of the PCH DNS
implementation include:
• A highly robust global anycast network,
• Proven track record of 100% DNS uptirne,
• Fully compliant with all RFCs including 1034, 1035, 1101, 1982, 2181, 2182, 2671,
3226, 3596, 3597, 3901, 4343, 4472, 5155,
Full DNSSEC capability and support, including DNSSEC Level 4 (we are the only
registry service provider able to offer, this level of security)
• Experience mitigating DDOS attacks,
• IDN support,
• IPv6 capable with IPv4-JPv6 dual stacks at nodes,
• Diverse DNS node announcement strategy,
• Compliant with Specification 6 and all ICANN policies.
[For the remaining part of our answer to this question, please see the trade -secrets copy of our
response.]
2.4.5.5 Disseminating contact and other information regarding domain name server
registrations
We have operated the RDDS for .FM since August, 2010. Our RODS system is easily capable of
handling the daily peak volume queries required by !CANN SL.As. The. domain name data is
displayed according to the guidelines in Specification 4 of ICANN's registry agreement.
[For the remaining part of our answer to this question, please see the trade -secrets copy of our.
response.]
-- --
Informal Request for Proposals to Establish, Operate, and Administer dot MIAMI
2.4,5,6 Any other required services according to the Applicant Guidebook or draft
registry agreement.
Escrow
In addition to archiving all daily TLD zone fifes, we meet the data escrow requirements by
implementing ICANN's required data escrow regime, Proper data escrow arrangements are
outlined and adhered to in order to prevent the loss of registry data. We ensure that data
escrow implementation is performed in a manner which:
• Protects against data loss,
• Follows industry best practices,
• Ensures easy, accurate and timely retrieval and restore capability in the event of a
hardware failure, and
• Minimizes the impact of software or business failure.
[For the remaining part of our answer to this question, please see the trade -secrets copy of our
response.]
2.5 IPv6
2.5.2 iPvfi — What is your methodology and current status an a transitioning to IA6,6?
Every applicable component of our system, architecture and infrastructure has full IPv6
connectivity.
• The Espresso platform is fuliy IPv6-enabled, with no sole reliance on the public IPv4
network. It is, however, still able to resolve IPv4 traffic. All components of the
registration system fully support IPv6 addressing.
• Primary name servers will return results for both IPv4 and IPv6 records (both AAAA
glue and A6 records are possible).
• Backup DNS resolution servers are also IPv6-enabled and are able to provide
services via both IPv6 and IPv4,
• Name servers listed within the anycast network will answer authoritatively for both
IPv4 and IPv6 addresses within the dot MIAMI domain.
[For this portion of our answer to this question, please see the trade -secrets copy of our
response.]
Our software first began accepting IPv6 data (AAAA IP information for hosts) in 2006 in several
of the ccTLD registries using the SRS software.
Informal Request for Proposals to Establish, Operate, and Administer dot MIAMI
2.5.2 How would you support lPv6-enabled services for clot IVI1AMJ registrants and
related services?
[For our answer to this question, please see the trade -secrets copy of our response.]
2.6 Security and Stability
2.6.1 Describe, in no more than 1000 words, your organization's own information
and network security arrangements, including:
2,6.1.1 Access control
[For our answer to this question, please see the trade -secrets copy of our response.]
2.6.1.2 Capacity to withstand brute force and other types of attack
[For our answer to this question, please see the trade -secrets copy of our response.]
2,6.1.3 Incident mitigation and response
[For our answer to this question, please see the trade -secrets copy of our response.]
2.6.1.4 How dot IVIIAIVII registry services would be maintained in an attack on it or on
other parts of your infrastructure
[For our answer to this question, please see the trade -secrets copy of our response.]
2.6.2 Describe how you will meet the security and stability requirements required in
the Applicant Guidebook.
[Far our answer to this question, please see the trade -secrets copy of our response.]
2.7 Data Protection and Law Enforcement Access
2.7,1 Please demonstrate your ability to store and process all personal data,
including registration data, in compliance with United States (U.S.) data
protection legislation
Data protection in the United States concerning the Internet can be divided into three
categories: (a) private commercial relationships; (b) governmental and law enforcement access;
and (c) private legal rights enforcement. Private commercial rules concerning consumer data
protection are, other than with respect to children, self -regulatory and based on Federal Trade
Commission ,(FTC) best practice guidelines. Governmental and law enforcement and private
.third -party access to personal data are covered by a number of laws designed to balance the
constitutional rights of Internet users with the legitimate needs of governmental and law
RFP'29127C). . .
Informal Request for Proposals to Establish, Operate, and Administer dot MIAMI
enforcement actors to pursue civil and criminal prosecutions and the legitimate needs of private
third -parties to protect their rights.
Private Commercial Self -Regulation.
ICANN will contractually require that domain registration data, which qualifies as personal data,
be made publicly available by dot MIAMI through the Whois system. The Whois system is akin to
a public phone book that allows anyone connected to the Internet to view the name, address,
and email contact information of the owner of a domain name, as well as information about the
administrative and technical contacts, name server address information and DNS security
status.s
In addition, as the entities who interact with and provide services to the public, 1CANN-
accredited registrars who contract with us to sell dot MIAMI names will collect personal data
from end users and transfer it to the dot MIAMI registry, which will store the data (registrars
may also store the data for the purposes of providing customer service to their customers).
We understand our responsibilities with respect to the collection and storage of personal data
entrusted to us and our registrars by registrants, particularly the understanding that our
handling of personal data, and the handling of personal data by third parties, must accord with
the best practice recommendations of the FTC.
The FTC has set forth principles that responsible companies should follow in their collection,
handling. and storage of end -user personal information. These principles are: (1)
Notice/Awareness; (2) Choice/Consent; (3) Access/Participation; (4) Integrity/Security; and (5)
Enforcement/Redress.b We will adhere to these principles as discussed below:
• Notice / Awareness. The most fundamental principle is notice. Consumers should be
given notice of an entity's information practices before any personal information is
collected from them. Without notice, a consumer cannot make an informed
decision as to whether and to what extent to disclose personal information,
Moreover, three of the other principles discussed below -- choice/consent,
access/participation,. and enforcement/redress -- are only meaningful when a
consumer has notice of an entity's policies, and his or her rights with respect
thereto,
See "Specification 4, Specification for Registration Data Publication Services? New GTLD Agreement
Specifications, !CANN grLD Application Guidebook, September 19, 2011.
6 Federal Trade Commission, "Fair Information Practice Principles,"
http;//www,ftc,gov/reports/privacy3/fairinfo.shtm#Falr%2olnformation%o2OPractice°% 2DPrinciples%20Ge
nerally
RFP 291270 ..... .. :_ ..:.: -.. _-::..
informal Request for Proposals to Establish, Operate, and Administer dot MIAMI
While the scope and content of notice will depend on the entity's substantive
information practices, notice of some or all of the following have been recognized as
essential to ensuring that consumers are properly informed before divulging
personal information:
o identification of the entity collecting the data;
o identification of the uses to which the data will be put;.
o identification of any potential recipients of the data;
o the nature of the data collected and the means by which it is collected if not
obvious (passively, by means of electronic monitoring, or actively, by asking
the consumer to provide the information);
o whether the provision of the requested data is voluntary or required, and
the consequences of a refusal to provide the requested information); and
o the steps"taken by the data collector to ensure the confidentiality, integrity
and quality of the data.
• Choice / Consent. The second widely -accepted core principle of fair information
practice is consumer choice or consent. Specifically, choice relates to secondary uses
of information -- Le,, uses beyond those necessary to complete the contemplated
transaction. Such secondary uses can be internal, such as placing the consumer on
the collecting company's mailing list in order to market additional products or
promotions, or external., such as the transfer of information to third parties,
Access / Participation. Access is the third core principle. It refers to an individual's
ability both to access data about him or herself - Le., to view the data in an entity's
files -- and to contest that data's accuracy and completeness. Both are essential to
ensuring that data are accurate and complete, To be meaningful, access must
encompass timely and inexpensive access to data, a simple means for contesting
inaccurate or incomplete data, a mechanism by which the data collector can verify
the information, and the means by which corrections and/or consumer objections
can be added to the data -file and sent to all data recipients.
• Integrity / Security, The fourth widely accepted principle is that data be accurate
and secure. To assure data integrity, collectors must take reasonable steps, such as
using only reputable sources of data and cross-referencing data against multiple
sources, providing consumer access to data, and destroying untimely data or
converting it to anonymous form, Security involves both managerial and technical
measures to protect against loss and the unauthorized access, destruction, use, or
disclosure of the data. Managerial measures include internal organizational
Informal Request for Proposals to Establish, Operate, and Administer dot MIAMI
measures that limit access to data and ensure that those individuals with access do
not utilize the data for unauthorized purposes, Technical security measures to
prevent unauthorized access include encryption in the transmission and storage of
data; limits on access through use of passwords; and the storage of data on. secure
server's or computers that are inaccessible by modern.
• Enforcement/Redress, Finally, government enforcement of fair '4information
practices, by means of civil or criminal penalties, is a third means of enforcement.
Fair information practice codes have called for some government enforcement,
leaving open the question of the scope and extent of such powers. Whether
enforcement is civil or criminal likely will depend .on the nature of the data at issue
and the violation committed.
In the United States the protection of personal data in the online consumer context is self -
regulatory. Thus, we have .developed policies and practices with respect to our and our
registrars collection, storage and use of personal data to ensure compliance with the FTC's best
practices.
• Processing Dow Fairly and Lawfully. The collection and use of personal data by the
dot MIAMI registry and its registrars is required by ICANN in connection with the
sale or transfer of a domain name. The use of personal data by dot MIAMI will be
limited to publishing it in the Whois database as required by ICANN. In addition to
personal data, registrars will collect financial information — e.g. credit card or
banking personal data to effectuate safes of dot MIAMI domain names and to
service a registrant's account. Whereas Whois personal data is made publicly
available by dot MIAMI, we will require via the dot MIAM! Registry -Registrar
agreement that additional information collected by registrars will not be publicly
available and will be securely stored, used only for the intended purpose of servicing
the registrants account, and accessible to the registrant via password protection.
dot MIAMI and its registrars will provide easily accessible and understandable notice
on their websites of why personal data and information is required to be collected
and stored and made publicly available via the Whois database; how their other
personal information e.g. credit card or banking persona! data — will be handled,
secured and processed; dot MIAMI's and the registrar's responsibilities with respect
to such personal data under the FTC best practices guidelines; and the registrants
rights. Registrants will have to knowingly consent to such use and handling of their
personal information in order to purchase a dot MIAMI domain name,
• Processing Personal Data for Specific Purposes. The personal data will only be
processed for the following specific purposes: publication via the Whois system; by
Informal Request for Proposals to Establish, Operate, and Administer dot MIAMI
a registrar to service a registrant's account; transfer to the ICANN-mandated data
escrow agent; and, in the event of an ICANN request, transfer from the data escrow
agent to ICANN itself.
• The Amount of Data Held. The amount of data held will be the minimal amount of
data required for use in the Whois system, and required by registrars to sell and
service registrants' accounts.
Keeping Personal Data Accurate and Up To Date. Registrars are required by ICANN
to inform registrants at least once a year that they should access their Whois
information and 'make any updates necessary. In addition, dot MIAMI's registrars
will be contractually required to allow registrants to easily review and make changes
to the personal data held by the registrar.
• Retaining Personal Data. dot MIAMI will retain personal data for no longer than
required by ICANN, and registrars will be required via the. Registry -Registrar
Agreement to do the same. ICANN requires that registries and registrars retain
personal data upon the non -renewal of a domain name for the grace period
established by the registry according to ICANN consensus policies. ICANN's rules are
designed to protect registrants who may have forgotten to renew their domain
names and might otherwise lose them. Dot Miami will require Its registrars to
delete/destroy any and all registrant personal data immediately upon the end of any
applicable grace period.
• The Rights of Individuals. Dot MIAMI and its registrars (via contract) will prominently
advise registrants of their rights pursuant to these policies, and provide efficient
online and other means for registrants to access their data, object to processing if it
causes unwarranted and substantial damage or distress, opt out of direct marketing,
obtain information concerning actions taken by automatic means, and correct
inaccurate data.
• information Security. Though the Whois system is a publicly available database,
ensuring that the information contained within the database is secure and
accessible only to authorized individuals is vital. dot MIAMI will employ industry
best -practice security measures to ensure that the Whois database is as secure as
possible from criminal or other inappropriate access. In addition, dot MWAMI will
only enter into registrar agreements with registrars who employ industry best-
practice.security measures with respect to personal data and customer records,
▪ In the event that any federal (e.g. The Commercial Privacy Bill of Rights Act,
introduced by Senators Kerry and McCain) or applicable Florida laws concerning
personal data protection and privacy are enacted, we and our registrars will enact
Informal Request for Proposals to Estabflsh, Operate, and Administer dot MIAMI
policies to the extent required to comply with such laws, though we believe that our
present data collection and use policies -already meet the•spirit of such proposed •
laws).
In addition to the foregoing, we will fully comply with, and our registrars will be contractually
required to comply with, the provisions of Florida Statutes Title XLVI, Chapter 817, § 827.5681
"Breach of security concerning confidential personal informationin third -party possession;
administrative penalties," requiring that we provide notice to Florida resident registrants in the
event that we or one of our registrars suffers a data breach involving unencrypted data (we note
that all dot MIAMI personal data stored by us will be encrypted),
2.7,2 What, if any, are the implications of your data escrow provision for compliance
with U.S. data protection?
All data that is required to be placed in escrow pursuant to ICANN's regulations will be
deposited with NCC Group, a leading data escrow service provider, at one of its secure data
escrow facilities in the United States, and NCC will, to the extent permitted by ICANN policies, be
contractual required to follow the best practice guidelines promulgated by the FTC as more fully
discussed above.
2.7.3 What provisions have been/would be made for U.S. lawful access to
registration and other types of data by U.S. authorities? What provisions have
been/would be made for takedown or other lawful enforcement actions by
legally entitled entities?
1, Lawful access to registration and other types of data by US authorities. Access to
personal and other data stared in the dot Miami registry will be made available
to governmental, and law enforcement actors in accordance with federal, state
and local laws concerning the production of documents and records. We will
comply with any lawful order to praduce'such records issued by a federal, state
or local court or other governmental actor with appropriate authority and
jurisdiction.
2. Takedowns and other lawful enforcement actions by legally entitled entities.
Even before implementing post -registration processes for takedown or other
lawful enforcement actions, rights holders have access to certain 1CANN-
mand.ated protection mechanisms:
a. As part of the new gTLD system, ICANN will be instituting a Trademark
Clearinghouse (TCI-1) service in which all new gTLDs are required to
participate. Under the TCH system, trademark holders register their
trademarks with the TCH, which validates them and inserts them in the TCH
informal Request for Proposals to Establish, Operate, and Admiclster dot MIAMI
database. All new gTLDs registries will be required to use the TCH to
provide ICANN!-mandated rights -protection mechanisms (the UDRP, URS,
and Trademark Claims Service).
b. Dot Miami will implement an ICANN-mandated Sunrise period, to occur
after delegation of dot MIAMI into. the Internet root, and prior to general
availability of second -level domains under dot MIAMI. During the Sunrise
period, trademark holders have the right to purchase their trademark as a
second -level domain name under the dot MIAMI top-level domain.
After the delegation of a second -level domain name, rights holders have access to the
administrative procedures and notification systems to assist them in combatting abusive
or illegal registrations. ICANN requires that new gTLD registries comply with the
following dispute resolution mechanisms (or any other Consensus Policy that may be
adopted by ICANN from time to time):
c. The Uniform Rapid Suspension System (URS). The URS is an ICANN-
mandated process that allows trademark holders to quickly have an
infringing site taken down by showing their legal right to such trademarked
name.
d. The Uniform Dispute Resolution Service (UDRP). The UDRP is another
ICANN-mandated process under which a trademark holder can seek to
assert their rights toa domain name. Unlike the URS, the UDRP is designed
to handle trademark claims that are not as clear cut, where, for example,
there are two distinct individuals who own the same trademark in different
classes.
e. Trademark Claims Service. ICANN requires that all new gTLD registries
operate a Trademark Claims service, whereby the registry (by way of ICANN-
accredited registrars) provides notice to potential registrants of existing
trademark rights at the time of registration, and in addition provides notice
to trademark owners of relevant names registered.
[For the remaining part of our answer to this question, please see the trade -secrets copy of our
response.]
Informal Request for Proposals to Establish, Operate, and Administer dot MIAMI
2.7,4 if you envisage data processing or hosting outside the U.S., what provisions are
in place to prevent risks to the operation of dot MIAMI or increase its ►egal
liability because of access or enforcement actions by other legal authorities or
other entities?
[For our answer to this question, please see the trade -secrets copy of our response.]
2.8 Accounting and Reporting
2.8.1 Will you provide correct and timely reporting - on registration volume and
trends, operational, technical and financial performance - and billing for dot
MOW? Please briefly describe, include frequency and provide sample reports.
We will provide correct and timely reporting. Dur registry software can be configured to create
reports from any of the data in the database. It is possible to export data for every single
registry transaction that occurs, no matter how small: the number of reports we can provide is
virtually unlimited.
Reports on financials, object creation, edits, deletions, changes, transfers, database
maintenance, RODS queries, EPP logs, access by IP address and many other reports are available,
Every action from log -in to deletions is stored and available for reporting. Ali object records may
be exported for reporting.
[For the remaining part of our answer to this question, please see the trade -secrets copy of our
response.]
2.9 Policy Deueiopment
2.9.1 Describe your capability and experience in developing registry policies and
procedures, including:
2.9.1.1 Registration and use policies
In response to Question 1.3 above, we discussed the policy development experience of Elaine
Preis, whose experience in this aspect of registry operations bears repeating: from 2001 to 2009
she managed the domain registry system for the Council of Country Code Administrators
(CoCCA), which provides technical registry and policy Services to hundreds of registrars and over
30 ccTLDs, Elaine is a veteran of TLD policy development, educating registrars and consumers on
the registration system and TLD policies, TLD launches, TLD migrations and registry operations.
Elaine worked with .af (Afghanistan), .cm (Cameroon), .dm (Dorninica), ,ht (Haiti), .ki (Kiribati),
rnu (Mauritius), .nf (Norfolk Island), .sb (Solomon Islands) and .tl (East Timor), where, among
other services, she helped develop a policy framework including implementation of dispute
resolution, acceptable use, and complaint resolution systems.
RFP 291270
Informal Request for Proposals to Establish, Operate, and Administer dot MIAMI
We referred also to the experience of Peter Dengate Thrush in .NZ and with the Asia Pacific
Association of country code managers, and of Antony Van Couvering with ,BT (Bhutan), .PW
(Palau), .TM (Turkmenistan), and with IATLD. Together, this group has unparalleled experience
of TLD registration, use and other policies and implementation of them.
[For the remaining part of our answer to this question, please see the trade -secrets copy of our
response.]
2.9,1.2 Whois, rights protection and abuse policies (regarding Whois, describe and
demonstrate experience developing an effective Whois policy and set of
procedures that comply with both iCANN requirements and U.S. data protection
law)
Whois policy Is largely set by ICANN, and so our relation to Whois policy is to comply with it
rather than develop it. We note again that we already operate an EPP registry service that
meets ICANN's new gTLD compliance standards. The.registry's technical system is built to IETF
standards, and currently providing service to the .PM TLD.. Espresso, our back -end registry
service platform, provides critical registry services plus customary administrative functions,
including dissemination of contact or other information concerning domain name registrations
'(RDDS, ICANN's technical term for Whois). Our staff has years of experience operating thick
registries in the ccTLD space, and our RDDS has been designed from the ground up for thick data
display. We are also capable of complying with and supporting any replacement RDDS
technologies sanctioned by ICANN.
Our RDDS/Whois service:
• is fully compliant with all relevant RFCs including RFC 3922;
• represents each data object as a set of key/value pairs as defined by Specification 4
of the proposed registry agreement in the Applicant Guidebook;
• is production tested, highly flexible and scalable, with a track record of 100%
availability;
exceeds current performance specifications supporting dynamic updates;
• is geographically distributed .sites to provide greater stability and performance;
• protects RDDS data from data mining using proven technologies; and
• provides additional search capabilities (e.g. IDN, registrant data).
Our existing RDDS solution is distributed, flexible, scalable, and stable; with a proven history of
real- time dynamic updating, with no outages. Its design and construction is agnostic with regard
to data display policy: it is flexible enough to accommodate thick or modified thick models, or
indeed, any potential future ICANN policy (such as different information display levels based on
user categorization).
Informal Request for Proposals to Establish, Operate, and Adrr lnister dot NJ IAM[
As required by the Application Guide Book, RDDS responses will be displayed in a consistent
format. Additionally, all fields will be fully compliant with. all applicable EPP mappings as
specified in RFCs 5730-5734.
Accordingly we are already compliant With ICANN's technical Whois requirements.
Opportunities for additional policy development in this area occur in the ICANN arena. They
have historically included debate on whether a registry should have a "thick" Whois (containing
data about registrants and other data) or "thin" (containing only sufficient data to allow
registration and resolvability, with all substantive data including such as billing information,
registrant phone numbers, held by the registrar). For new g'IlDs, all registries are obliged
under the new gTLD rules to operate ,"thick" registries, so that debate is rendered moot. A
remaining area of interest is the rules under which access may be made to zone file and Whois
data — by whom, at what rate, under what conditions. For these and other open questions, we
have experience in developing rules that both meet local need and meet local legislative and
other rules.
We are confident that with our experience in operating a registry that is fully compliant with
• ICANN requirements in relation to Whois, and with our understanding of the legal framework
and the responsibilities under that of registries and registrars under contract.
[For the remaining part of our answer to this question, please see the trade -secrets copy of our
. response.] •
2.9.1.3 Escrow, failover, and registry continuity
Escrow policy is set by ICANN, so again our job is to comply with it. A little more latitude is
granted with regard to failover and registry continuity, and in the cases where ICANN is not
definitive, we will follow industry best -practice recommendations, Among the registry services
we already provide routinely are data escrow (via NCC Group), failover procedures, and registry
continuity planning, All of these services conform to the new gTLD requirements, and are
currently in use for the operation of the .FM registry,
[For our answer to this question, please see the trade -secrets copy of our response.]
2.9,1.4 Sunrise / land rush / launch strategy and policies
[For our answer to this question, please see the trade -secrets copy of our response.]
Informal Request for Proposals to Establish, Operate, and Administer dot MIAMI
2.9.1.5 Internationalized domain names (at the second level)
Members of our staff have implemented IDNs in a number of ccTLD registries, including
"dotMasr," the Arabic -script IDN ccTLD for Egypt, in conjunction with the National Tefecorn
Regulatory Authority of Egypt. We are fully familiar with the RFC's, ICANN policies and
procedures concerning 1DNs, and can configure the Espresso registry platform to accommodate
all available IDN scripts. ION policy development is quite specialized — it is much more than
deciding which alphabets or scripts to support. We look forward to working with the City of
Miami in establishing an ION policy and to implementing it.
2.9.2 Please outline your strategy and approach to developing policy in collaboration
with the City of Miami and relevant stakeholders, including, but not limited to:
2.9,2.1 Business, including ICI players, registrants and intellectual property rights -
holders
[For our answer to this question, please see the trade -secrets copy of our response.]
2.9.2.2 Civil society including relevant human rights advocates
[For our answerto this question, please see the trade -secrets copy of our response.]
2.9.2.3 local and national government
[For our answer to this question, please see the trade -secrets copy of our response.]
2.9.2..4 Law enforcement
[For our answerto this question, please see the trade -secrets copy of our response.]
2.10 Customer Support
2.10.1 What your customer support capabilities?
We have the capabilities to support each type of customer for dot MIAMI. See our answer to
2.10.2 below for a discussion of the types of dot MIAMI customers, and 2.10.3 for the
capabilities required.
2,10.2 What customer support needs do you envision dot MIAMI may have?
[For our answerto this question, please see the trade -secrets copy of our response.]
2.10.3 What operational and support resources and personnel do you envision/would
you make available for supporting dot MIAMI registrants and registrars?
Where would they be based?
[For our answer to this question, please seethe trade -secrets copy of our response.]
Informal Requestfor Proposals to Establish, Operate, and Administer dot t'11AMI
' 2.10.4 If your proposal is successful, do you have any plans to locate personnel in
Miami? !f so, how many and [what] would their roles be?
[For our answer to this question, please see the trade -secrets copy of our response.]
2.11 Human Resources
2.11.1 How many full-time employees does your organization employ? How many full-
time contractors/freelancers does your organization engage? Please include a
copy of your organizational chart.
[For our answer to this question, please see the trade -secrets copy of our response.]
2.11.2 What type of team will be assigned to this project? What will each person's
role be?
[For our answer to this question, please see the trade -secrets copy of our response.]
2.11.3 How many employees or full time contractors/freelancers would be working
directly on this contract? For how long?
[For our answer to this question, please see the trade -secrets copy of our response.]
2.11,4 Briefly describe the percentage of your staff that would work on this project
relative to your entire staff (including full time contractors/freelancers).
[For our answer to this question, please see the trade -secrets copy of our response.]
2.11.5 Please provide details an the personnel°and any proposed subcontractors who
would work an this contract, describing their skills, background and
qualifications, and key responsibilities.
[For our answer to this question, please see the trade -secrets copy of our response.]
2.11.5 How many grLD applications do you plan to support in total during the first
five years of the proposed partnership with the City of Miami? How will you
ensure the dot MIAMI application, delegation and management are given
proper support?
[For our answer to this question, please see the trade -secrets copy of our response.]
2.11.7 How many, if any, Miami -based jobs would be directly created by your
proposal?
[For our answer to this question, please see the trade -secrets copy of our response.]
4
291270
Informal Request for Proposals tc� �sta ~~.�~ �"_...._.._._..,_.._.._..-..._._...____.....---._--,,..-.._..
....Re........ .. ,Proposals
t _. t Wish, Operate, and Administer dot MIAMI
2.11.8 How would you maximize interactions with Miami -based businesses for the
procurement of products and services?
[For our answer to this question, please see the trade -secrets copy of our response.]
2.12 Marketing
2.12.1 Describe your organization's TI.D marketing experience and expertise (no more
than 500 words).
Members of our team have run multiple successful domain name businesses, including top-level
domains, We are experienced in marketing to large brands (important for the Sunrise period),
to registrars, and to consumers. Rs with dot MIAMI, the marketing was multi -faceted, including
advertising, trade shows, word-of-mouth and via registrars and influencers.
in her work at CoCCA, Elaine Pruis attended many meetings of ccTLD administrators and through
her patient outreach helped grow CoCCA into the most widely -deployed registry system on the
planet, taking customers away from Afilias, AusRegistry, and other competitors. She did this as
CoCCA's single representative, against the competition's formidable marketing and sales staffs.
Her relations with registrars (she was also CoCCA's only customer service representative)
annually increased registrations for CoCCA members beyond the general growth trend. and
above their expectations.
Antony Van Couvering created three domain name companies from scratch and sold them to
established- public companies. NetNames was sold to NetBenefit (now Group NBT);
NameEngine was sold to VeriSign; and RegisterFREE was sold to Melbourne IT. The first two
companies were specialized in helping large corporations manage their intellectual property (Le.,
domain names) across all the ccTLDs, while RegisterFREE was the largest pre-ICANN consumer
registrar, pioneering what became the registrar model.
NetNames and NameEngine succeeded by providing timely, actionable, intelligent information
to intellectual property lawyers by means of seminars, publications, telephone conferences, and
participation in industry trade shows. In each case, these companies captured the lion's share
of the market (after eletNames, he noticed that the existing companies were not providing what
customers wanted, so he created NameEngine). RegisterFREE succeeded by making it very easy
to register a domain name, and doing providing the service for a fraction of the cost of
competitors.
[For the remaining part of our answer to this question, please see the trade -secrets copy af•our
response.]
• ._RFP.29.1270_
Informal Request for Proposals to Establish, Operate, and Administer dot MIAMI
45
2,12.2 What is your approach to marketing the dot MIAMI 710? Please include
indications of expected registration volume in the first five years of operation,
and an overview market analysis.
[For our answer to this question, please see the trade -secrets copy of our response.]
2.12.3 Haw would you work with existing registrar channels in the U.S. to maximize
dot MIAMI registrations? Please describe your existing relationships with U.S.-
based or focused registrars.
{For the prior part of our answer to this question, please see the trade -secrets copy of our
response.]
In her work at CoCCA, Elaine Pruis attended many meetings of ccTLD administrators and through
her patient outreach helped grow CoCCA into the most widely -deployed registry system an the
planet, taking customers away from Afilias, AusRegistry, and other competitors. She did this as
CoCCA's only representative, against the competition's formidable marketing and sales. staffs.
Her relations with registrars annually increased registrations for CoCCA members beyond the
general growth trend and above their expectations.
Antony Van Couvering created three domain name companies from scratch and sold them to
established public companies. NetNames was sold to NetBenefit (now Group NBT);
NameEngine was sod to VeriSign; and RegisterFREE was sold to Melbourne IT. The first two
companies were specialized in helping large corporations manage their intellectual property (i.e,,
domain names) across all the ccTLDs, while RegisterFREE was the largest pre-ICANN consumer
registrar, pioneering what became the registrar model.
NetNames and NameEngine succeeded by providing timely, actionable, intelligent information
to intellectual property lawyers by means of seminars, publications, telephone conferences, and
participation in industry trade shows. in each case, these companies captured the lion's share
of the market. RegisterFREE E succeeded by making it very easy to register a domain name, and
by providing the service for a fraction of the cost of competitors.
[For the remaining part of our answer to this question, please see the trade -secrets copy of our
response.]
Informal Request for Proposals to Establish, Operate, and Administer dot MIAMI
2.13 Compliance
2.13.1 Describe your experience in effecting compliance with registration and
use/abuse policies and balancing registrant rights with those.aj, for example,
intellectual property rights -holders. (No more than 500 words.)
Our experience in effecting compliance with Registration and Acceptable Use Policies is deep.
We have many years of experience operating and maintaining registries, have written a widely
adopted Acceptable Use Policy framework that is now in use by several TLDs, and firmly believe
in the value of the "thick" registry model. A strong Acceptable Use Policy combined with
effective monitoring, a complaint resolution process, and regular scanning and analysis of
registry data enables us to run a successful program to combat various forms of abuse.
[For the remaining part of our answer to this question, please see the trade -secrets copy of our
response.]
2.13,2 Describe your experience in preventing or minimizing domain name
warehousing and cyber-squatting. (No more than 500 words.)
Cybersquatting and warehousing are different evils of the domain name system. Cybersquatting
means registering a name in bad faith that by right belongs to another; warehousing means
registering a name that doesn't belong to anyone else, and then holding it without using it in the
hopes of selling it later. The first is illegal; the second is simply detrimental to users and
especially to a top-level domain, because valuable names that people naturally navigate to are
empty., or contain a hated "parking page." Both of these practices are relatively uncommon
outside of .corn because of its dominance and what is known as "natural traffic,' or the
propensity of users to simply type ".com" atthe end of a word. Nonetheless, both of these
phenomena are likely to occur in dot MIAMI.
A great deal of time has been spent at ICANN trying to combat cybersquatting, and members of '
our team have worked hard in helping to come up with policies. As Chair of ICANN, our
Chairman Peter Dengate Thrush helped form the Independent Review Team (made up of
trademark lawyers) to suggest mechanisms to combat cybersquatting. In response, they added
to the existing UDRP mechanism the new Uniform Rapid Suspension RIBS) and Trademarks
Claims Service have given trademark owners a very Impressive toolkit to combat these ills in all
new gTLDs, including dot MIAMI.
[For the remaining part of our answer to this question, please see the trade -secrets copy of our
response.]
_ ..RFP.29127.0_...... _
informal Request for Proposals to Establish, Operate, and Administer dot MIAMI
2.13.3 How would you ensure compliance with dot M$AIMI's policies and procedures
(No more than SO0 words.)
[For our answer to this question, please see' the trade -secrets copy of our response.]
2.14 Transitioning
2.14.1 Have you ever transitioned out of managing or operating a TI.D, or as a registry
service provider?
We have experience successfully transitioning "in" legacy TLD registries ranging from complete,
well -formatted data and zone files to defunct, mismanaged, and inconsistent data sets. Though
we have migrated many TLDs "in" to our SRS, We have never lost the business of a TLD and had
to migrate data "out,' but we are fully capable of cooperatively migrating a transitory TLD data
to a new operator. Because of our strong project management capabilities, we have been able
to migrate entire registries over a weekend with only a few hours of actual SRS downtime, and
with uninterrupted DNS resolution. We have a strong history of cooperative collaboration
during registry migrations,
Our key staff members have been irivalved with several registry transitions', some with complete
data, some with partial or archaic data. Our SRS is built to easily import and export data that is
in ICANN's required Escrow format, easing the migration effort and significantly reducing the
time required to transition the data.
As an example, in August 2010, we migrated the ,FM technical registry operations from the
legacy back -end operator to our registry platform and NOC. This was a cooperative migration,
where both parties worked together to ensure a quick changeover. First, a registry transition
plan was mapped out. The next step was building out the M+M NOC to ensure the SRS was
capable of managing the traffic and able to scale with the growth of the registry. Registrars,
were given notice of the impending change, a timeline, and new support contact details, The
TLD was configured in the gaining SRS, and a thorough review of the system architecture, TLD
configuration, DNS, and RDDS occurred. Next, the data was cleaned up and imported to the
database of the idle gaining registry. The losing registry stopped services, and the SRS was
brought up an the Mind + Machines US NOC. The system was monitored for stability, and
support lines were open for registrars. The transition was fully successful and there were no
connectivity problems for registrars. The registry has operated and grown in a stable and secure
manner on the Espresso platform.
Our staff has participated in several other migrations, including:
48
informal Request for Proposals to Establish, Operate, and Administer dot ivM1AMI
Migrated .AF from a legacy database system to an EPP SRS, educated registrars and
consumers on the registration system and TLD policies; supported day-to-day
maintenance, operations, and provided support for registrars.
• Migrated .CM from a legacy database system to an EPP 5R5, supported the launch,
'sunrise and land -rush; provided training for hand-off to new registry administrator.
• Migrated .CX, .DM, .HT, .ICI, .MU, .NF from legacy database systems to an EPP SRS,
and supported the administration, operation and maintenance of registry
operations for these ccTLDs, and registrar support.
Participated in the migration of .PE to a new registry platform. Demonstrated and
marketed the registry software to the .PE CEO during their registry selection and
advised an registrar relations.
• Handled the sunset of the old country -code name .TP, the migration of data to the
new ,IL, and transition of registry to new operators, The .TP code was changed
to 11 upon the independence of East Timor from Indonesia. Supported the
administration,. operation and maintenance of registry operations and registrar
for ,TP.
Our team has extensive experience in transitioning registries. Our technical manager, Elaine
Pruis, has been instrumental in assisting several TLD registry operators during re -delegation of
administrative operations, ,as historically many ccTLDs were run out -of -country and recently
these governments applied to fANA and gained delegation of the registry operations. When a re -
delegation of the registry becomes official a migration of data must occur, policies are revamped
and quite often commercial models are modified.
[For the remaining part of our answer to this question, please see the trade -secrets copy of our
response.)
2.14.2 If so, please describe bow you successfully transrtioned out.
As noted in 2.14.1, we have never lost the business of a registry and therefore have not had to
transition a TLD out of our management.
3 Financial Proposal
The City of Miami is committed to the success of dot MIAMI, and will assist with marketing,
advertising, and PR on an as -needed basis to maximize revenues and ensure the TLD is a
commercial success. The City of Nrliami is open to sharing the rewards with the partner for zero
to little out of pocket costs for the City of Miami.
RrP 291270 _.._... . -_. -.
Informal Request for Proposals to Establish, Operate, and Administer dot MIAMI
49-
Regarding financing the application and operation of dot MIAMI, the Successful Proposer shall
be required to pay the ICANN application fee.of US$185,000 on behalf of the City of Miami. The
City of Miami will support the marketing, communications, resources, and the City of Miami's
legal fees, on an as -needed basis and as negotiated between the parties.
Bearing in mind the variety of potential business models for dot MIAMI, we wish to receive
financial proposals from potential partners including detailed arrangements for the first five
years of:
Cash flow provided by proposer
Registry service provision by proposer
• Revenue -sharing to the City of Miami and proposer
▪ Any other economic/financial advantages to the City of Miami
3.1.1 What will the cost of setting up the registry be? Please include detailed
financial information. Please include any third -party provision or fees (e.g.,
DNS service, data escrow).
[For our answer to this question, please see the trade -secrets copy of our response.]
3..1.2 What is the expected annual cast to your organization of operating the
registry? is this a fixed or per -domain cost? Please include detailed financial
information, Please include any third -party provision or fees (e.g., DNS service,
data escrow).
(For our answertc this question, please see the trade -secrets copy of our response.]
3.1.3 Describe your organization's overall capacity to operate dot MIAMI on a self -
financed basis.
[For our answer to this question, please see the trade -secrets copy of our response.]
3.1.4 Can you provide sufficient startup capital to establish and operate dot MIAMI
for its first five years, including: Sufficient cash flow to fund operations during
an estimated pre -launch period of six month and for the first five years?
Proposals that combine ready cash flow with financial arrangements such as
letters of credit will be considered.
[For our answer to this question, please see the trade -secrets copy of our response].
3.1.5 How do you plan to recoup your investment? By when? Describe your
proposed revenue -sharing arrangement and timeline.
[For our answer to this question, please see the trade -secrets copy of our response.]
50
RFP 291270
Informal Request for Proposals to Establish, Operate, and Administer dot MIAMI
3.1.6 Please provide projected registration and financial performance projections,
including optimistic, worse, and expected returns, including impact on
proposed revenue share,
!For our answer to this question, please see the trade -secrets copy of our response,)
1.1.7 What is your financial position and understanding regarding the City of
Miami's position if the application to ICANN for dot IVIIAMI is unsuccessful?
[For our answer to.this question, please see the trade -secrets copy of our response.]
3.2 Alternative Financial Proposal
If you wish to propose an alternative financial proposal regarding investment and revenue -
sharing, please do so. Please describe it fully and clearly state the advantages. It is also
recommended that you clearly nark your alternative proposal "3.2 Alternative Financial
Proposal" and also submit a financial proposal against the requirement in section 3.1.
[For our answer to this question, please see the trade -secrets copy of our response.)
4 Other Questions
4.1 Other information
4.1.1 is there any other information you would like to include that will help us assess
you as a partner and in particular any information you areaware of and which
has not been disclosed elsewhere which could have a significant adverse
impact on:
4.1.1.1 The reputation of the City of Miami •
No,
4.1.1.2 The RFP respondent's ability to satisfy the requirement of this RFP now or in the
future
No.
4.1,1.3 Our decision to appoint the RFP respondent
No.
4.1.1.4 The RFP respondent's ability to enter into a partnership contract with the City of
Miami
No.
RFP 291270
Informal Request for Proposals -to Establish, Operate, and Administer dot MIAMI
51
4.2 References
4.2.1 Provide two references, including contact details (names individual, postal and
email addresses, telephone number), for relevant work your organization has
undertaken, along with a brief, one -paragraph summary of the project and
description of the specific role your organization played.
[For our answer to this question, please see the trade -secrets copy of our response.]
4.3 Lega I
4.3..1 is the RFP respondent/any companies in the RFP respondent's group of
companies, and/or any of their directors, key personnel or shareholders owning
over 10%, currently, or have any of them in the past ten years, been subject to:
4.3.1,1 Legal proceedings including bankruptcy or alleged breach of contract
No
4.3.1.2 Criminal charges or convictions listed in Section 1.2.1 of the ICAIVN Applicant
Guidebook
No
4.3.1,3 investigations by any public or regulatory body including NM Revenue and
Customs, the Information Commissioners Office, or any equivalent public
bodies?
No
4.3,2 if so, please provide details.
Not applicable
4.3.3 What is your understanding of the legal •implications of servicing any registry
operations outside the U.S.? E.g., data protection, applicable law, law
enforcement access.
tFor our answer to this question, please see the trade -secrets copy of our response.]
4.4 Conflicts of interest
Please describe any current or potential conflicts of interest your organization may have in
relation to this project, including to the proposed dot MIAMI TLD or to the City of Miami.
We are not aware of any current or potential conflicts of interest in relation to this project.
52
RFP 291270
lnforrriai'Request for Proposals to Establish, Operate, and Administer dot lvnAMI
RFP.291270
Informal Request for Proposals to Establish, Operate, and Administer dot MIAMI
53
• I
5 Glossary,
For ease of reading and .reference, we have included a glossary of words and acronyms
commonly used in the field or specific to this proposal, The glossary entries either define or
explain the acronyms. Acronyms are spelled out on first use within the text of the proposal.
A6 Resource record type, variable length data
AAAA Resource record type, fixed -length data
AIM Alternative investment Market, a sub -market of Miami Stock Exchange
ALAC 'At -Large"- ICANN community of individual Internet users
API Application Programming Interface
AUP Acceptable Use Policy
BIND Berkeley Internet Name Domain (Domain Name System)
cc country code
ccNSO country code Name Supporting Organization
ccTLD country code Top Level Domain
CEO Chief Executive Officer
CFO Chief Financial Officer
CoCCA Council of Country Code Administrators
COO Chief Operating Officer
CPU Central Processing Unit
CRS Complaint Resolution Service
CTO Chief Technical Officer
DNS Domain Name System
DNSSEC Domain Name System Security Extension
DDoS Distributed Denial of Service
Dos Denial of Service
DPI Deep Packet Inspection
ENUM E.164 NUmber Mapping
EPP Extensible Provisioning Protocol
Espresso The Minds-1- Machines registry platform tor new TLDs.
FTP File Transfer Protocol
GAC ICANN's Governmental Advisory Committee
GB Gigabyte
gTLD Generic Top -Level Domain
GUI Graphical User Interface
IANA Internet Assigned Numbers Authority
ICANN Internet Corporation for Assigned Names and Numbers
ID Identifier
54
RFP •291270
Informal Request for Proposals to Establish, Operate, and Administer dot MIAMI
ION International Domain Name
IETF Internet Engineering Task Force
IN Internet
IP Internet Protocol
iPv4 Internet Protocol version 4
IPv6 Internet Protocol version 6
!SIA Hong Kong Telecommunications Users Group
ISO international Organization far Standardization
ISP Internet Service Provider
IT Information Technology
ISP Internet Service Provider
NOC Network Operations Center
NS Nameserver
PCAP Packet CAPture
PCH Packet Clearing House
PDNS Power Domain Name System
Registrar An organization that sells domain names to the public on behalf of a
registry.
Registry An organization that manages aTLD.
Registry Operator An organization that provides registry services, such as technical back -
office services, on behalf of a registry.
RFC Request for Comments
RPP Request for Proposal
RSPAN Remote Span (Switched Port Analyzer)
SLR Service Level Agreement
SLD Second Level Domain
SMTP Simple Mail Transfer Protocol
SNMP Simple Network Management Protocol
SOA Start of Authority record
SPAN Switched Port Analyzer
SQL Structured Query Language
SRS Software Requirements Specification
TACACS Terminal Access Controller Access Control System
TAS TLD Application System
TCP Transmission Control Protocol
TLD Top -Level Domain
TLDH Top -Level Domain Holdings, Ltd.
UDP User Datagram Protocol
RFP 291.270
Informal Request for Proposals to Establish, Operate, and Administer dot MIAMI
55
UDRP Uniform Domain -Name Dispute -Resolution Policy
URS Uniform Rapid Suspension
UTC Coordinated Universal Time
VP Vice President
VPN Virtual Private Network
WIPO World Intellectual Property Organization
56
RFP .291.270
Informal Request for Proposals to Establish, Operate, and Administer dot MIAMI
6 List of Attachments
Attachment Name Attached to Section; Description
2..8.1—Sample Reports 2.8.1 Sample Reports
2,9.1—Sample Policy 2.9,1 Overall Policy Framework. Includes
Framework Registry -Registrar Agreement; model
registrant agreement, Acceptable Use
Policy; Whois/Privacy Policy; Naming
Policy
3.1.6-- Expected Case 3.1.6
3,1.6 —Worse Case 3.1.6
3.1.6 — Optimistic Case 3.1.6
Expected Case Pro Formas
Worse Case Pro Formas
Optimistic Case Pro Formas
RFP 291270 "
Informal Request for Proposals to Establish, Operate, and Administer dot MIAMI
57
6.1 Attachment 2.8.1--- Sample Reports
PLEASE SEE TRADE SECRETS COPY OF RESPONSE TO IRFP
6.2 Attachment 2.9,1— Policy Framework
PLEASE SEE TRADE SECRETS COPY OF RESPONSE TO IRFP
58
RFP 291270
Informal Request for Proposals to Establish, Operate, and Administer dot MIAMI
6.3 Attachment 3.1.6 Expected Case Financials
PLEASE SEE TRADE SECRETS COPY OF RESPONSE TO RIFF
RFP 291270
Informal Request for Proposals to Establish, Operate,. and Administer dot MIAMI
59
6.4 Attachment 3.1.6 — Optimistic Case Financials
PLEASE SEE TRADE SECRETS COPY OF RESPONSE TO IRFP
60
PFP 291270
Informal Request for Proposals to Establish, Operate, and Administer dot MIAMI
6.5 Attachment 3.1.6 — Worse Case Financials
PLEASE SEE TRADE SECRETS COPY OF RESPONSE TO IRFP
REP 291'270
Informal Request for Proposals to Establish, Operate, and Administer dot MIAIMAI
61
KENNETH RDRERTSON JOHNNY MAR'':INgZ, .P..i✓.
ChierProcuremcutOrfmor City Iv1ana er
ADDENDUM NO.2
Informal RFP No. 29/270 March 1, 2012
InfOrrnal Request for Proposals (RFP t Establish, Operate and Administer dot Miami
The following changes, additions, clarifications, and deletions amend the Informal RFP documents of the above
.captioned Informal RFP, and shall become an integral part of the. Contract Documents. Words andldr figures
stricken through shall be deleted. Underscored words and/or figures shall be added. The remaining provisions are
now in effect and remain unchanged. Please note the contents herein and reflect same on the documents you have on
hand.
The Informal RFP closing date and time has been changed to•Friday, March 2, 2012 at 1:OD p.m.
ALL OTHER TERMS AND CONDITIONS OF THE RFP REMAIN THE SAME.
Sincerely,
Kdnneth Robertson
Director/Chief Procurement Officer
KR/ms
Cc: RFP File
Page 1
/7 c CJ 2 5— Eich r` j r'74 C
Titg-
KENNETH ROBERTSON JOHNNY MARTINEZ, P.E.
Chief Procurement Officer City Mawr
ADDENDUM NO. 1'
lnfrarmal RFP No. 291270 February 27, 2012
Informal Regt,test for 'roposals (RFP3 to establish Operate and. Administer dot IUfiarni
Please find below Questions from prospective proposers and the City's Answers to those Questions received before
the,stipulated due date:
Q1: What is the schedule for decision making by the City of Miami? We understand that bidders must reply by
March 01, and that JCANN applicants must register to apply by March 29. When will bidders know the City's
decision?
Al: The City of Miami anticipates presenting an RFP award recommendation to the city commission on Thursday,
March 8, 2012. We understand that there is a significant.time constraint and will expedite all internal processes :-,
to ensure that the ICANN application can be completed timely.
Q2: Is it possible to ensure the confidentiality of certain portions of responses to the RFP (e.g. certain technical
information and pricing)? If so, how should the bidder differentiate between confidential material and non -
confidential material, and what kinds of protection may be expected from provisions such as 1.69?
A2: Per Chapter 119; Florida Statutes, sealed proposals are exempt frorri public record for a limited time: "Sealed
bids or proposals received by an agency pursuant to invitations to bid or requests for proposals are exempt from
the provisions of subsection (1) and s. 24(a), Art. I of the State Constitution until such time as the agency
provides notice of a decision or intended decision pursuant to s, 120.57(3)(a) or within 30 days after bid or
proposal opening, whichever is earlier." After that timeframe, all portions of the proposals become public record.
Pursuant to RFP General Condition 1.85, "Trade Secrets" are exempt from public disclosure and this portion of a
proposal must be submitted in a separate envelope and clearly identified as "TRADE SECRETS EXCEPTION".
Q3: Our company does not maintain facilities or staff in Dade county. How does the "First Source Hiring" policy
affect us?
A3; The City's First -Source Hiring policy quantifies job creation within the City of Miami as a result of contractawards
and requires awarded contactors to enter into hiring agreements that benefit our focal workforce, This is defined
further in City Code Section 18-11 0.
Q4: In 1.45, the RFP provides for the City to "perform such tests" as the City deems necessary. What tests are
expected for this RFP?
A4; The City of Miami has not yet set policy on testing for dot Miami TLD service but reserves the right to require
same in the future.
Pagel
Addendum No. 1 February 27, 2012
RFP No. 291270 — Establish, Operate and Administer dot Miami
Q6: Will al€ official City websites and communications be required to use the .miami TLD names? How long will they
have to adopt the new names (e.g. how many months after launch will theconversion be complete)?
A5: The City of Miami has not yet set policy or a timeframe for conversion to dot Miami TLD for any official city,
website,
Q6: The DNS is a global system; How does the City address this reality in the context of the requirement that the
bidder "host all personal data in the United States"?
A6; .The intent of the restriction for data hosting in the United States' is to ensure that the -registrar, servers, and all
registrar activities supporting the dot Miami TLD are within the jurisdiction of and subject to the laws of the
United States of America. Any exceptions to the specifications must be clearly reflected in your proposal so that
the City of Miami may review and consider same prior to contract award.
Q7: Policy development must be overseen by the City. and "relevant stakeholders.' Please provide a complete list of
ail of the "relevant stakeholders" so that bidders may better understand who will be .overseeingthe policy
process,.
A7: The City of Miami has not established a final list of stakeholders,for the dot Miami TLD. Generally speaking, the.
Mayor, City Commission and City Manager set policy forthe City of Miami.
QB: •Criterion #3 is "Financial Proposal", weighted 30%. How will the City assess the reasonableness of various
proposals?
AB: The City of Miami views this enterprise as a revenue generating opportunity. Primary considerations will be, but
are not limited to: percentage of revenue share as compared to other proposers; proposed operational costs as
compared to other proposers; transparency of financial information/information sharing as compared to other
proposers; financial strength as compared to other proposers; growth projections as compared to other
proposers,
Q9: Criterion #4 is "Other Questions." Please tell us what the other questions are,
A9: This evaluation category is directly correlated to, the questions•contained In Section 4 of Attachment A.
Q10: "2.5 Non Appropriation of Funds" rnakes the availability of proper funds to support ' narketing of the TLD
somewhat uncertain. Bidders will be expected to advance significant funds to obtain the TLD from 1CANN.
What assurance are there that at least out of -pocket funds will be re -paid by the City?
A10: The City intends .on repaying certain start-up costs incurred by the Proposer during the ICANN application
process through a standard deduction percentage of the gross revenue share over a period of time to be
determined by mutual agreement, The city does not expect to incur any expense, liability or provide an indemnity
related to this RFP or subsequent agreements entered into as a result of an award unless mutually agreed upon,
Marketing through City of Miami Channel 77 is an available resource to the City without cost.
a11: The !RFP states that hard copies roust be submitted to the City Clerk at 3'500 Pan American Drive, Miami, FL
33133, and Section 1.79A of the IRFP's Terms and Conditions (Page 22 of 34) states that if a proposal is
submitted to any other address, it will be disqualified, however, Section 4.1 of the Special Conditions (Page 33
of 34 "Submission Requirements") asks proposers to submit the response to 444 S.W. 2nd Avenue, Sixth Floor,
Miami, FL 33130. Please advise whether the proposal (and all corresponding copies) is to be hand delivered to
one or both locations.
AT1; "Responses shalITbe.subnnitt drain aceardanee wcth,Section47i7-'Submission-Requirements,.
Page 2
Addendum No. 1 February 27, 2012
RFP No. 291270 — Establish, Operate and Administer dot Miami
Q12: The "Terms and Conditions" section of the IRFP routinely refers to a"Formal" Request for Proposal although the
official invitation is titled an "informal Request for Proposal." Should Respondents assume that whereit says
"Formal" throughout the Terms and Conditions section that the City meant "Informal"? If not, please explain as
to the difference between these terms, and how we should respond.
Al2: Yes.
Q13: Section 1.10(A) of the 1RFP's Terms and Conditions (Page 7 of 34) refers to a purchase order as part of the
contract documents. if the Purchase Order contains additional/new language, will the City make that available
before the March 1st deadline?
A13: Attached is a copy of the Terms and Conditions of the City of Miami Purchase Order.
Q14: The IRIP refers to a Closing Date of March 1, 2012 at 13:00. Does that also represent the date/time when the
• submissions will be opened? When does the City anticipate the award to be made?
A14: The RFP closing date and time is when the proposals will be opened. Refer to Q1 above.
Q15: Section 1.52 of the IRFP's Terms and Conditions (Page 16 of 34) states nothing in the contract shall be deemed
to or construed as a partnership between proposers and the City• However, the Special Conditions and
Attachment A to the IRFP makes numerous references to a "partnership with the City of Miami' — (see e.g. item
2.2.1 of Attachment A). Please advise if proposer should disregard Section 1.52 of the IRFP's Terms and
Conditions and/or whether the City does view this undertaking as one of a partnership.
A15: The City plans on awarding and entering into a contract with the successful proposer to provide the services
defined in the RFP and subject to its terms and conditions. This does not constitute a joint venture, corporate or
other legal partnership other than as expressly defined in the contract between the parties,
Q16: Section 1.60 of the IRFP's Terms and Conditions (Page,17 of 34) refers to the City possibly requiring a proposer
to submit a Performance/Payment Bond, The Terms and Conditions at Section 1.11 (Page 7 of 34) refers to a
Bid Security/Bid Bond but notes that unless required by the Special Conditions no Bond is required. As forthe
bond, the City did not reference a Bond in the Special Conditions, Will the City require proposers to submit a
payment/performance bond? Proposer understands such bonds are primarily used in connection with
construction projects awarded pursuant to section 255.05 of the Florida Statutes and/or in design/build
construction projects. Please clarify.
A16: There is no Performance/Payment Bond required for this RFP.
Q17: Section 1.61(3) (page 18 of 34) requires that the City' of Miami's Response Form must be used when the
Bidder/Proposer is submitting its response in hardcopy form, However, Section 4.1, "Submission Requirements"
(page 33 of 34) notes that a response that answers aft the questions in sequence is acceptable. Noting that this
Proposer's answers are considerably longer than the boxes in Attachment A can accommodate, please clarify
the apparent discrepancy between Section 1.61(G) and Section 4.1.
A17: Responses shall be submitted in accordance with Section 4.1. Submission Requirements,
Q18: Section 1,85, "Trade Secrets," (page 23. of 34) requires that that any information that is a trade secret should be
submitted in a separate envelope clearly identified as "TRADE SECRETS EXCEPTION." Should the Proposer
(a) provide a complete response and in addition provide a separate envelope with any „trade secret exception"
materials, or (b) should the submission be divided into two parts, One with materials that are not trade secrets
• exceptions, and the other with trade secret exceptions?
Page 3
Addendum No. 1 February 27, 2012
RFP No. 291270 -- Establish, Operate and Administer dot Miami
MB: The latter (b) option. The .submission should be divided into two parts, one with materials that are not trade
secrets exceptions, and the other clearly marked trade secret exceptions,
Q19: Seeder' 1,85, "Trade Secrets," (page 23 of 34) requires that any information that is a trade secret should be
submitted in a separate envelope .clearly identified as "TRADE SECRETS EXCEPTION.' Section 4.1,
"Submissions Requirements" (page 33 of 34) requires one original and seven copies of all submissions. Does
the City require one original and seven copies of any material that is a trade secrets exception? •
Al 9: Yes
Q2O: Section 3.1 of the Special Conditions (Page 30.of 34, and Page 31 of 34)' is unclear as to whether the City of
Miami will issue a support letter authorizing the selected entity to proceed with the ICANN application in the
proposer's name (Section 3.1 e. above "Scope of Work") OR whether the City expects the selected entity to
submit the application on the City's behalf (see "Application Preparation" section). Supplying a letter of support
to the winning proposer will be less expensive for the City, requires less City work effort, and provides a better
chance for submitting the ICANN application before the April-12 2012 ICANN deadline. Alternatively, the City
can apply in its own name and hire the winning proposer as a service provider. This proposer is prepared to
work with the City in either scenario, but in order to be responsive to the IRFP we need to know which alternative
the City envisions. Please clarify.
A20: The letter of support will be issued to the successful proposer authorizing them to proceed with the ICANN
.application on behalf of the City of Miami. The City will assist with the application on an as -needed basis before
.submittal.
Q21: Section 3.1 of the Special Conditions to the IRFP (Page 31 of 34 -- 'Technical and Operations") states that
proposer is to "[host all personal data in the United States." Internet best practice recommends that data be kept
In geographically dispersed locations, Will the City allow data to be hosted in locations outside the U,S. provided
all other conditions of the !REP are met?
A21: Refer to Q6.
Q22: Section 3.1 of the Special Conditions to the 1RFP (Page 30 of 34 — "Scope of Work") indicates that "[while the
City of Miami currently intends to provide marketing and communications for dot MIAMI, we are open to proposal
that include marketing and communications." There is nothing in the IRFP (other than the questions in Section
2.12 of Attachment A) that addresses a marketing .and communications proposal. To the extent proposer wishes
to submit such a proposal, is there any other specific 'criteria the City is looking for in evaluating such a
submission?
A22: No, the City will consider all marketing and communications proposals.
Q23: The IRFP refers to a Closing Date of March 1, 2012 at 13:00. And, Section 2.19 of the Special Conditions to the
IRFP identifies the evaluation, selection and award procedure but does not identify any specific dates. Does
March 1st represent the date/time when the submissions will be opened? After receiving and. opening the
proposals, when does the City anticipate issuing the award and/or corresponding letter of support to the
successful Respondent? Unless submissions to ICANN are made by April 12, 2012, this IRFP will be rendered
moot. Irrespective of whether our firm or another is awarded the IRFP, at least 30 days will be required after the
City issues the award to submit the application to ICANN. Please advise as to the time frames the City envisions
as it relates to the steps discussed in Section 2.19 of the Special Conditions.
A23: Refer to 01 and Q14.
Page 4
Addendum No. 1 February 27, 2012
RFP No. 2P1270 — Establish, Operate and Administer dot Miami
ALL. OTHER TERMS AND CONDITIONS OF THE RFP REMAIN THE SAME.
KR/ ms
Cc: RFP File
Sincerely,
Kenneth Robertson
Director/Chief Procurement Officer
Page 5
BY ACCEPTING THIS ORDER, VENDOR AGREES TO THE FOLLOWING TERMS AND CONDITIONS
1, ACCEPTANCE OF PURCHASE ORDER: A Purchase Order is given for immediate acceptance by the VENDOR, Unless promptly notified to the
contrary, the CITY will assume the VENDOR accepts the order as written and will make delivery as specified on the document,
2, ENTIRE AGREEMENT: All specifications, drawings, and data submitted to the VENDOR with this order or the solicitation for this order are hereby
incorporated herein and made a part hereof. This contract contains the entire agreement of the parties. No charge•in quantities, prices, specifications,
terms, or shipping instructions will be allowed except an written authority of the CITY of Miami Purchasing Department. Any additional or different terms
and conditions proposed by VENDOR are objected to and hereby rejected unless specifically agreed to by the CITY.
3. INDEMNIFICATION: The VENDOR hereby agrees to indemnify, save, and hold harmless the CITY from all claims, demands, tiabliitles, and sults of
any nature whatsoever arising out of, because of, or due to the breach of the Agreement by the VENDOR, its agents or employees, or due to any act or
occurrence of omission or commission of the VENDOR, Its agents employees. it is specifically understood and agreed that this indemnification
agreement does not cover or Indemnify the CITY for its own negligence or breach of contract,
4. MODIFICATION; The CITY may by written Order, make changes in the specifications If such changes are within the general scope of the Contract. !f
such changes cause an increase or decrease in the VENDOR'S casts or in time required for performance of the Contract: (a) the VENDOR shall
promptly notify the CITY and assert Its claim for adjustment and an equitable adjustment shall be made by the CITY and the Contract modified
accordingly. Nothing In this clause shall excuse the VENDOR from performing.
5. DEFAULT: Time is of the essence of this contract and if delivery of acceptable Items or rendering of services is not completed by the time promised,
the CITY reserves the right without liability, in addition to Its other rights and remedies, to terminate this contract by notice effeotive when received by.
VENDOR; as to stated items not yet shipped or services not yet rendered, and to purchase substitute items or services elsewhere and charge the
VENDOR with any and all losses incurred. •
5, TRANSPORTATION CHARGESt Transportation expenses for at shipments shall be prepaid to destination. Shipments sent C.O.D, or freight collect
without the CITY'S written consent will net be accepted and will, at VENDOR'S risk and expense be returned to VENDOR. No charges will be allowed by
:he CITY for transportation, packing, cartage ar containers unless otherwise authorized in the Purchase Order.
T. UNAVOIDABLE DELAY: If the VENDOR is delayed In the delivery of goods purchased under the Purchase Order by a cause beyond its control,
VENDOR must immediately upon receiving knowledge of such delay, give written notice to the CITY and request an extension of time, The CITY shall
examine the request and determine If the VENDOR is entitled to an extension.
3. QUANTITY', Quantities furnished In excess of those specified in the Purchase Order will not be accepted and wilt be held at VENDOR'S risk and
experise.
3. INSPECTION; Materials or equipment purchased are subject to inspection and approvai at the CJTY'S destination. The CITY reserves the right to
-eject and refuse acceptance of Items which are not In accordance with the Instructions, speoificatipns, drawings, ar data of VENDOR'S warranty
expressed or implied). Rejected materials ar equipment shall be removed by, or at the expense of, the VENDOR promptly after rejection.
10, WARRANTY; The VENDOR warrants that all goods and services furnished hereunder will conform in all respects to the terms of this order, including
any drawings, specifications, or standards incorporated herein, and that they will be free from latent and patent defects In materials, workmanship and
ltle, and will be free from such defects in design. in addition, VENDOR warrants that said goods and services are suitable for, and will perform in
accordance with, the purpose for which they are purchased, fabricated, manufactured and designed or for such other purposes as are expressly
;pacified in this order. The CITY may return any nonconforming or defective items to the VENDOR or require correction or replacement of the item at the
ime the defect is discovered, all at the VENDOR'S risk and expense , Acceptance shall not relieve the VENDOR of its responsibility,
11, REGULATORY COMPLIANCE: VENDOR represents and warrants that the goods or services furnished hereunder (including all labels, packages,
and containers for said goods) comply with all applicable standards, rules and'regulations in effect under the requirements of Federal, State and local
aws, including the Occupational Safety and Health Act as amended, with respect to design, construction, manufacture or use for their Intended purpose
>f said goods or services, VENDOR shall furnish "Material Safety Data Sheets" In compliance with the Florida Right To Know Law, Florida Statutes,
'ahapter442, •
12. ROYALTIES AND PATENTS; VENDOR shall pay all royalties and'license fees. VENDOR shall defend alt suits or claims for infringement of any
ratent, copyright or trademark rights and shall save the CITY harmless from loss on account thereof.
13. PAYMENT: Payments Will be made in accordance with the terms on the face of this order, or the VENDOR'S invoice, whichever are more favorable
o the CITY and payment date therefor shall be calculated from the receipt of invoice or final acceptance of the goods, whichever is later,
14, IDENTIFICATION: lnvolcesin duplicate with prices set out and giving the correct Purchase Order Number must be sent to the address shown on the
ace of thls order, otherwise• payment of VENDOR'S account may be delayed. The Purchase Order Number shall appear on all invoices, boxes,
rackages, shipping documents and correspondence, and the fist of contents shall be enclosed In each box or package. '
15. TERMINATION: CITY may, a1 any time, terminate this order in whole or in part by written or telegraphic notice or verbal notice confirmed in writing.
Jpon termination for convenience of Buyer, the Buyer will assume responsibility for specific contractual or scheduled financial commitments made prior
o notice of termination. Any and all services, property, publications, or materials provided during or resulting from the Contract shall become the
pooperty of the Buyer. If, however, termination' is occasioned by the VENDOR'S breach of any condition hereof, including breach warranty, or by •
VENDOR'S delay, except due to circumstances beyond the VENDOR'S control and without VENDOR'S fault or negligence, VENDOR shall not be
entitled to any claim or costs or to any profit referred to in said clause, and Buyer shall have against VENDOR ail remedies provided by law and equity,
16, TAXES: CITY of Miami Is exempt from State and local taxes, Exemption number la printed on the reverse side hereof. This Order shall serve as the
exemption certificate,
17. LAW GOVERNING: Thls contract shall be governed by and construed according to the laws of the State of Florida,
I8. ASSIGNMENT: Any assignment of this Purchase Order, including any performance of work hereunder, in whose or in part, or monies due hereunder,
shall be void unless consented to by CITY In writing and CITY shall have net obligations to any assignee of VENDOR under any assignment not
consented to in writing by THE CITY.
la. TERMS: The order total shall be paid by the CITY upon receipt of invoice from VENDOR which shall be subject to verification as to quantifies and
euaiity of goods delivered or services performed.
20, TAX: VENDOR doing business with the CITY shall not be exempt from paying sales tax to their suppliers for materials to fulfill contractual obligations
Mlth the CITY, nor shall any VENDOR be authorized to use the CITY Tax Exemption Number in acquiring such materials.
21, LOCAL RESOURCES: VENDOR shall give first priority to utilizing resources in the disaster area,•inoluding but not limited to procuring supplies and •
equipment, awarding sub -contracts, and employing workmen.
22. PAYMENT CHANGES: Payments will Only be made to the company and address as set forth on Purchase Order unless the VENDOR has
requested a change thereto on official company letterhead, signed by an authorized officer of the company,
23, UNIFORM COMMERCIAL CODE: The Uniform Commercial Code (Chapter 672, Florida Statutes) shall prevail as the basis for contractual
obligations between the VENDOR and CITY for any terms and conditions not specifically stated in this Purchase Order.
24. INSURANCE: In the event that insurance Is required by the CITY In connection with this Purchase Order, VENDOR shall provide an Insurance •
Certificate, In a farm acceptable to the CITY, mining the CITY as an addltional insured, as proof of compliance therewith which sald certificate shall
constitute part of this Purchase Order.
25, BONDING: The CITY reserves the right to require the VENDOR to post a performance and payment bond In the amount of One Hundred percent
(1.0091o),oftthe-RurchaseeOrdec_tntwl, upan_award_or aLsuch_time_deemed.necessary by..CITY
City f la
Request for Proposals
(RFP)
Purchasing Department
Miami Riverside Center
444 SW 2nd Avenue, S1h Floor
Miami, Florida 33130
Web Site Address: http://ci.miarnl.fl.usiprocurement
RFP Number: 291270
Title: Informal Request for Proposals to
Establish, Operate and Administer dot
Miami
Issue Date/Time: 17-FEB-2012
R1 P Closing Date/Time: 03/01/2012 @ 13:00:00
Pre -Bid Conference: None
Pre -Bid Date/Tiroe:
Pre -Bid Location:
Deadline for Request for Clarification: Wednesday, February 22, 2012 @ 5:00
Buyer: Suarez, Maritza
Hard Copy Submittal Location:
Buyer E-Mail Address:
Buyer Facsimile:
City of Miami - City Clerk
3500 Pan American Drive
Miami FL 33133 US
rsuarez rr ci.miami.fl.us
(305) 400-5025
Page 1 of 34
Certification Statement
Please quote on this form, if applicable, net prices for the iteni(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
18-1 O7 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 al] 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: DAl'h•
EATLURE TO COMPLETE. SjQN. AND RETURN THIS POMtM SHALL DISQUALIFY THIS BID.
Page 2 of 34
Certifications
Legal Name ofFirm :
Entity Type: Partnership, Sole Proprietorship, Corporation, etc.
Year Established:
Office Location: City of Miami, Miami -Dade County, or Other
Occupational License Number:
Occupational License Issuing Agency:
Occupational License Expiration Date:
Respondent certifies that (s) he has read and understood the provisions of City of Miami Ordinance No.
10032 (Section 18-105 of the City Code) pertaining to the implementation of a "First Source Hiring
Agreement": (Yes or No)
Do you expect to create new positions in your company in the event your company was awarded a
Contract by the City? (Yes or No)
In the event your answer to question above is yes, how many new positions would you create to
perform this work?
Please list the title, rate of pay, summary of duties, number of positions, and expected length or duration
of ail new positions which might be created as a result of this award of a Contract.
Will Subcontractor(s) be used? (Yes or No)
Page 3 of 34
Line; 1
Description: Disregard this line item. Refer to Section 3 of Attaement A for the Financial
Proposal
Category: 96258-00
Unit of Measure: Dollar
Unit Price: $
Number of Units: 1 Total: $
Page 4 of 34
Request forProposals (R.FP) 291270
Table of Contents
Terms and Conditions 6
I. General Conditions .6
1.1. GENERAL TERMS AND CONDITIONS 6
2. Special Conditions 24
2.1, PURPOSE 24
2.2. DEADLINE FOR RECEIPT OF REQUEST FOR ADDITIONAL
INFORMATION/CLARIFICATION 24
2.3. TERM OF CONTRACT 24
2.4, CONDITIONS FOR RENEWAL 24
2.5, NON -APPROPRIATION OF FUNDS . 24
2.6, PRE-BID/PRE-PROPOSAL CONFERENCE 24
2,7. MINIMUM REQUIREMENTS 24
2,8, CONTRACT EXECUTION �5
2.9. FAILURE TO PERFORM 25
2.10. INSURANCE REQUIREMENTS 25
2.11, ,CONTRACT ADMINISTRATOR 27
2.12. SUBCONTRACTOR(S) OR SUSCONSULTANT(S) 27.
2,13, TERMINATION 27
2.14. ADDITIONAL TERMS AND CONDITIONS 28
2.15, PRIMARY CLIENT (FIRST PRIORITY) 28
2.16, UNAUTHORIZED WORK 28
2.17, CHANGES/ALTERATIONS 28
2.18. COMPENSATION PROPOSAL 28
2,19,'INFORMAL EVALUATION/SELECTION PROCESS AND CONTRACT AWARD 28
2.20. ADDITIONAL SERVICES 29
2.21, RECORDS '?9
2.22. TRUTH IN NEGGOTIATION CERTIFICATE 29
3. Specifications 30
3.1, SPECIFICATIONS/SCOPE OF WORK 30
4. Submission Requirements 33
4.1. SUBMISSION REQUIREMENTS 33
5. Evaluation Criteria 34
5.1. EVALUATION CRITERIA 34
Page 5 of 34
Request for Proposals (RFP) 291270
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 ofS25,000,00 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. Farina! Solicitation and Solicitation shall be
defined in the same manner herein.
1.1. ACCEPTANCE OF GOODS Olt 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 oi'
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 formai 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 —1t is the bidder'sfproposer's responsibility to ensure receipt of alI Addenda. Addenda are
available at the City's website at: .http://www_ci.miarnifl.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 ?lice 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 - le connectionwith any litigation, mediation and arbitration arising, out of this
Contract, the each party shall bear their own attorney's fees through and including appellate litigation and
any post judgment proceedings.
LS. 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
maintazn' afld"'dfain` ai3y-anti all of the'hebk. do tun tints',papers and'records-pertinenrto-the-Contractfor e
Page 6 of 34
R.cquest for Proposals (RFP) 291270
three (3) years after the City makes final payment and all other pending matters are closed, Contractor's
failure to or refusal to comply with this condition shall result in the immediate cancellation of this contract
by the City.
1;9. AVAILABILITY OF CONTRACT STATE-WIDE - Any Governmental, not -for -profit or
quasi-govcrnmenta! entity in the State of Florida, may avail itself of this contract and purchase any and all
goods/services, specified herein from the successful bidders)/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 bidders)/proposer(s).
1.10. AWARD OF CONTRACT:
A. The Formal Solicitation, Bidder's/Proposer's response, any addenda issued, and the purchase order shall
constitute the entire contract, unless modified in accordance with any ensuing contract/agreement,
amendment or addenda.
B. The award of a contract where there are Tie Bids will be decided by the Director of.Purchasing or
designee in the instance that Tie Bids can't be determined by applying Florida Statute 287.087, Preference
to Businesses with Drug -Free Workplace Programs.
C. The award of this contract may be preconditioned on the subsequent submission of other documents as •
specified in the Special Conditions or Technical Specifications. Bidder/Proposer shall be in default of its
contractual obligation if such documents are not submitted in a timely mariner 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 teen 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 extendthe contract at the same price,
tennis 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,
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 IMP, RFQ, or RFLI, the City
reserves the right to execute or not execute, as applicable, an Agreement with the. Proposer, whichever is
determined to be in the City's best interests. Such agreement will be furnished by the City, will contain
certain terms as are in the City's best interests, and will be subject to approval as to legal form by the City
Attorney.
1.11. BID BOND/BID SECURITY - A cashier's or certified check, or a Bid Bond signed by a recognized
surety company that is licensed to do business in the State of Florida, payable to the City of Miami, for the
amount bid is required from all bidders/proposers, if so indicated under the Special Conditions. This check
or bond guarantees that a bidder/proposer will accept the order or contract/agreement, as bid/proposed, if it
is awarded to kidder/proposer. Bidder/Proposer shall forfeit bid deposit to the City should City award
Page 7 of 3,1
Request for Proposals (RFP) 291270
contract/agreement to Bidder/Proposer and Bidder/Proposer fails to accept the award. The City reserves the
right to reject any and all surety tendered to the City, Bid deposits are returned to unsuccessful
bidders/proposers within ten (10) days after the award and successful bidder'slproposer'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 (PIARDCOPY FORMAT) - All forms should be completed, signed and
submitted accordingly.
1.13. BID SECURITY FORFEITED LIQUIDATED DAMAGES - Failure to execute an Agreement
andlor 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
s must be received bythe Cityno later than seven(7)calendar days after a formal request is made.
samples u Y q
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
rnakes, 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 reirnburse amortizedor
unamortized capital expenditures, or to maintain the approved status of any contractor. If contractor has
been unable to recoup its capital expenditures during the time it is rendering such goods/services, it shall
not have any claim upon the City.
1.17, CITY NOT LIABLE FOR DELAYS - It is further expressly agreed that in no event shall the City
be liable for, or responsible to, the Bidder/Proposer/Consultant, any sub-contractor/sub-consultant, or to
any other person for, or on account of, any stoppages or delay in the work herein provided for by injunction
or other legal or equitable proceedings or on account of any delay for any cause over which the City has no
control.
T.J.S. 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 1 L246, which prohibits discrimination against any employee, applicant, or client
bemuse 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.
Page 8 of 34
Request for Proposals (RFP) 291270
B. Occupational, Safety and Health Act (OSHA), as applicable to this Formal Solicitation.
C. The State of Florida Statutes, Section 287..133(3)(A) on Public Entity Crimes.
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 (N1OSH), as applicable to this Formal Solicitation.
It National Forest Products Association (NFPA), as applicable to this Format Solicitation.
I., City Procurement Ordinance City Code Section 18, Article III,
J. Conflict oflnterest, City Code Section 2-611;61,
K Cone of Silence, City Code Section 18-74,
L. The Florida Statutes Sections 218,73 and 218.74 on Prompt Payment.
M. First Source Hiring Agreement, City Ordinance No. 10032, as applicable to this Formal Solicitation.
Implemented to foster the creation of new and permanent jobs for City of Miami residents; requires as a
condition precedent to the execution of service contracts including professional services.
Lack of knowledge by the bidder/proposer will in no way be a cause for relief from responsibility.
Non-compliance with_all local, state, and federal directives, orders, and laws may be considered grounds
for termination of contract(s).
Copies of the City Ordinances may be obtained from the City Clerk's Office.
1.20. CONE OF SILENCE - Pursuant to Section 18-74 of the City of Miarni 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 S200,000. The Cone of Silence prohibits any communication regarding RFPs, RFQs,
RFLI or ]FBs (bids) between, among others:
Potential vendors, service providers, bidders, lobbyists or consultants and the City's professional staff
including, but not limited to, the City Manager and the City Manager's staff; the Mayor, City
Commissioners, or their respective staffs and any member of the respective selectionlevaluation 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/eveluation committees, contract negotiations during
any duly noticed public meeting, or public presentations made to the Miami City Commission during a duly
noticed public meeting; or communications in writing or by email at any time with any City employee,
official or member of the City Commission unless specifically prohibited by the applicable RFP, RFQ,
RFLI or IFB (bid) documents (See Section 2.2. of the Special Conditions); or communications in
connection with the collection of industry comments or the performance of market research regarding a
patticularRFP, RFQ, RFLI Olt IFB by City Purchasing staff.
Proposers or bidders trust file a copy of any written communications with the Office of the City Clerk,
which shall be trade 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.
Page 9 of 34
Request for Proposals (RFP) 291270
This language is only a surnmary 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 tnay
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
Mat to the best of their knowledge or belief, no electedlappointed 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 infomiation not
available to members of the general public and gained by reason ofhis/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 board, commission or agency of the City within the past two years. BidderlProposer
further warrants that he/she/it is not related, specifically the spouse, son, daughter, parent, brother or sister,
to: (i) any member of the commission; (ii) the mayor; (iii) any city employee; or (iv) any member of any
board or agency of the City.
C. A violation of this section may subject the Bidder/Proposer to immediate termination of any
professional services agreement with the City, imposition of the maximum fine and/or any penalties
allowed by law. Additionally, violations may be considered by and subject to action by the Miami -Dade
County Commission on Ethics.
1.23. COPYRIGHT OR PATENT RIGHTS— Bidders/Proposers warrant that there has been no violation
of copyright or patent rights in manufacturing, producing, or selling the goods shipped or ordered and/or
services provided as a result of this formal solicitation, and bidders/proposers agree to hold the City
harmless from,any and all liability, loss, or expense occasioned by any such violation.
1.24. COST INCURRED BY BIDDER/PROPOSER - All expenses involved with the preparation and
submission of Responses to the City, or any work performed in connection therewith shall be borne by the
Bidder(s)/Proposer(s).
1..25. DEBARMENT AND SUSPENSIONS (Sec 18-107)
(a) Authority and requirement to debar and suspend. After reasonable notice to an actual or prospective
Contractual Party, and after reasonable opportunity for such, party to be heard, the City Manager, after
consultation with the Chief Procurement Officer and the city attorney, shall have the authority to debar a
Contractual Party, for the causes listed below, from consideration for award of city Contracts. The
debarment .shall be for a period of not fewer than three years. The City Manager shall also have the
authority to suspend a Contractual Party from consideration for award of city Contracts if there is probable
cause for debarment, pending the debarment determination. The authority to debar and suspend contractors
shall be exercised in accordance with regulations which shall be issued by the Chief Procurement Officer
after approval by the City Manager, the city attorney, and the City Commission.
(b) Causes for debarment or suspension. Causes for debarment or suspension include the following:
(1) Conviction for commission of a criminal offense incident to obtaining or attempting to obtain a
public or private Contract or subcontract, or incident to the performance of such Contract or
subcontract.
(2) Conviction under state or federal statutes of embezzlement, theft, forgery, bribery, falsification
or destruction of records, receiving stolen property, or any other offense indicating a lack of business
integrity or business honesty.
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(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 the violation remains noncompliant.
(S) Found in violation of a zoning ordinance or any other city ordinance or regulation and for
which a civil penalty or fine is due and owing to the city,
(9) Any other cause judged by the City Manager to be so serious and compelling as to affect the
responsibility of the Contractual Party performing city Contracts,
(c) Certification. All Contracts for goods and services, sales, and leases by the city shall contain a
certification that neither the Contractual Party nor any of its principal owners or personnel have been
convicted of any of the violations set forth above or debarred or suspended as set forth in paragraph (b)(5).
(d) Debarment and suspension decisions. Subject to the provisions of paragraph (a), the City Manager shall
render a written decision stating the reasons for the debarment or suspension. A copy of the decision shall
be provided promptly to the Contractual Party, along with a notice of said party's right to seek judicial
relief.
1.26. DEBARRED/SUSPENDED VENDORS —An entity or affiliate who has been placed on the State of
Florida debarred or suspended vendor list may not subtnit 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 constntction
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.
1J. Neglecting or refusing to remove rnaterials or perform new work where prior work has been rejected as
nonconforming with the ternns of the Contract.
E Becoming insolvent, being declared bankrupt, or conunitting 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.
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F. Failure to comply with any of the terms of the Contract in any material respect.
All costs and charges incurred by the City as a result of a default or a default incurred beyond the time
limits stated, together with the cost of completing the work, shall be deducted from any monies due or
which may become due on this Contract.
1.28. DETERMINATION OF .RESPONSIVENESS - Each Response will be reviewed to determine if it
is responsive to the submission requirements outlined in the Formal Solicitation. A "responsive" response is
one which follows the requirements of the formal solicitation, includes all documentation, is submitted in
the 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 effectfor
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 ore] 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.
I) 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 disastersituation, the successful vendor shall provide the Citywiththe 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,
R.FQs, and RFL1s, and represents the entire understanding and agreementbetween 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 Formai Solicitation.
1.34. EVALUATION OF RESPONSES
A.Rejection of Responses
The City may reject a Response for any of the following reasons:
1) Bidder/Proposer fails to acknowledge receipt of addenda;
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2) Bidder/Proposer ntistates or conceals any material fact in the Response ;
3) Response does not conform to the requirements of the Formal Solicitation;
4) Responserequires 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.
S. Elimination From Consideration
1) A contract shall not be awarded to any person or firth 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 fun 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 ofa 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)tProposer(s) to show proof that they have been designated as an
authorized representative ofa 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 rnust•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.
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 firth for the period of performance or resulting purchase orders or
contracts, which are to be performed or supplied over a period of time.
1.38. FIRST -SOURCE HIRING AGREEMENT (Sec. 18-110)
(a) The Commission approves implementation of the first -source hiring agreement • policy and requires
as a condition precedent to the execution of service contracts for facilities, services, andior receipt of grants
and loans, for projects ofa nature that create new jobs, the successful negotiation of first -source hiring
agreements between the organization or individual receiving said contract and the authorized representative
unless such an agreement is found infeasible by the city manager and such finding approved by the City
Commission at a public hearing.
(b) For the purpose of this section, the following terms, phrases, words and their derivations shalt have
the following meanings
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Request for Proposals (RFP) 29I270
Authorized representative means the Private Industry Council of South Florida/South Florida Employment
and Training Consortium, or its successor as local recipient of federal and state training and employment
funds.
Facilities means all publicly financed projects, including but without limitation, unified development
projects, municipal public works, and municipal improvements to the extent they are financed through
public money services or the use of publicly owned property.
Grants and loans means, without limitation, urban development action grants (UDAG), economic
development agency construction loans, loans from Miami Capital Development, Incorporated, and all
federal and state grants administered by the city.
Service contracts means contracts for the procurement of services by the city which include professional
services.
Services includes, without limitation, public works improvements, facilities, professional services,
commodities, supplies, materials and equipment.
(c) The authorized representative shall negotiate each first -source hiring agreement.
(d) The primary beneficiaries of the first -source hiring agreement shall be participants of the city
training and employment programs, and other residents of the city.
1.39. FLORIDA MINIMUM WAGE - The Constitution of the State of Florida, Article X, Section 24,
states that employers shall pay employee wages no less than the minimum wage for all hours worked in.
Florida. Accordingly, it is the contractor's and its' subcontractor(s) responsibility to understand and
comply with this Florida constitutional minimum wage requirement and pay its employees the current
established hourly minimum wage rate, which is subject to change or adjusted by the rate of inflation using
the consumer price index for urban wage earners and clerical workers, CPJ-W, or a successor index as
calculated by the United States Department of Labor. Each adjusted minimum wage rate calculated shall
be determined and published by the Agency Workforce Innovation on September 30th of each year and
take effect on the following January lst.
At the time of responding, it is bidder/proposer- and his/her subcontractor(s), if applicable, full
responsibility to determine whether any of its employees may be impacted by this Florida Law at any given
point in time during the tcra,i 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'slproposer'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/proposermust provide for any and all information to make a wage and contractual price increase(s)
determination.
1.40, GOVERNING LAW AND VENUE - The validity and effect of this Contract shall be governed by
the laws of the State of Florida, The parties agree that any action, mediation or arbitration arising out of this
Contract shall take place in Miami -Dade County, Florida.
1.41. HEADINGS AND TERMS - The headings to the various paragraphs of this Contract have been
inserted for convenient reference only and shall not in any manner be construed as modifying, amending or
affecting in any way the expressed terms and provisions hereof.
1.42. HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT (HIPPA) - Any
person or entity that performs or assists the City of Miami with a function or activity involving the use or
disclosure of"individually identifiable health information (;`IHI) and/or Protected Health Information (PHI)
shall comply with the Health Insurance Portability and Accountability Act (IIIPAA) 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 ofinformation 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;
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Request for Proposals tart') 2,9 tL to
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 PH1 available to the City of Miami for an accounting of disclosures; and
H. Making internal practices, books and records related to PHI available to the City of Miami for
compliance audits.
PI -II shall maintain its protected status regardless of the form and method of transmission (paper records,
and/or electronic transfer of data), The Bidder/ Proposer must give its customers written notice of its
privacy information practices including specifically, a description of the types of uses and disclosures that
would be made with protected health information, —� -- —
1.43. INDEMNIFICATION - Contractor shall indemnify , hold harmless and defend the City, its
officials, officers, agents, directors, and employees, from liabilities, damages, losses, and costs, including,
but not limited to reasonable 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 thatthe 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 offcers, 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 ail 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 §725A8, Fla. Statues, as amended from time to time as applicable.
Contractor shall require all Sub -Contractor agreements to include a provision that they will indemnify the
City,
The Contractor agrees and recognizes that the City shall not be held liable or responsible for any claims
which may result from any actions or omissions of the Contractor in which the City participated either
through review or concurrence of the Contractor's actions. In reviewing, approving or rejecting any
submissions by the Contractor or other acts of the Contractor, the City in no way assumes or shares any
responsibility or liability of the Contractor or Sub•Contractor, under this Agreement.
1,44.INFORMATION AND DESCRIPTIVE LITERATURE—Biddprs/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 fife with. the Buyer will not satisfy this
provision.
1.45. INSPECTIONS - The City may, at reasonable times during the term hereof, inspect Contractor's
facilities and perform such tests, as the City deems reasonably necessary, to determine whether the goods
and/or services required to be provided by the Contractor under this Contract conform to the terms and
conditions of the Formal Solicitation, Contractor shall make available to the City all reasonable faeilities
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. 1227i (Section 18.79), as same may be amended or supplemented from time to time.
1,46, INSPECTION OF RESPONSE - Responses received by the City pursuant to a Fennel Solicitation
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Request for Proposals (RFP) 291270
will not be made available until such time as the City provides notice of a decision or intended decision or
within 10 days after bid closing, whichever is earlier. Bid/Proposal results will be tabulated and may be
furnished upon request via fax or e-mail to the Sr. Procurement Spehialist issuing the Solicitation.
Tabulations also are available on the City's Web Site following recommendation for award.
1.47. INSURANCE - Within ten (10) days after receipt of Notice of Award, the successful Contractor,
shall furnish Evidence of Insurance to the Purchasing Department, if applicable, Submitted evidence of
coverage shall demonstrate strict compliance to all requirements listed on the Special Conditions entitled
"Insurance Requirements". The City shall be listed as an "Additional insured."
Issuance of a Purchase Order is contingent upon the receipt of proper insurance documents. If the
insurance certificate is received within the specified time frame but not in the manner prescribed in this
Solicitation the Contractor shall be verbally notified of such deficiency and shall have an additional five (5)
calendar days to submit a corrected certificate to the City. If the Contractor fails to submit the required
insurance documents in the manner prescribed in this Solicitation within fifteen (15) calendar days after
receipt Notice of Award, the contractor shall be in default of the contractual terms and conditions and shah
not be awarded the contract. Under such circumstances, the Bidder/Proposer may be prohibited front
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, 305-416.1 604.
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.
Invoices shall contain purchase order number and details of goods and/or services delivered (i.e.
quantity, unit price, extended price, etc); and in compliance with Chapter 218 of the Florida Statutes
(Prompt Payment Act).
1.49. LOCAL PREFERENCE
A. City Code Section 18-85, states, "when a responsive, responsible non -local bidder submits the lowest
bid price, and the bid submitted by one or more responsive, responsible local bidders who maintain a local
office, as defined in Section 18-73, is within fifteen percent (15%) of the price submitted by the non -local
bidder, then that non -local bidder and each of the aforementioned responsive, responsible local bidders
shall have the opportunity to submit a best and final bid equal to or lower than the amount of the low bid
previously submitted by the non -local bidder. Contract award shall be made to the lowest responsive,
responsible bidder submitting the lowest best and final bid. In the case of a tie in the best and final bid
between a local bidder and a non -local bidder, contract award shall be made to the local bidder."
B. City Code Section 18-86, states, "the RFP, RFLI or RFQ, as applicable, may, in the exercise of the
reasonable professional discretion of the City Manager, director of the using agency, and the Chief
Procurement Officer, include a five (5%) percent evaluation criterion in favor of proposers who maintain a
local office, as defined in Section 18-73. In such cases, this five (5%) percent evaluation criterion in favor
of proposers who maintain a local office ,will be specifically defused in the RFP, RFLI or RFQ, as
'applicable; otherwise, it will not apply.
1.50. MANUFACTURER'S CERTIFICATION - The City reserves the right to request fs-orn
bidders/proposers a separate Manufacturer's Certification of all statements made in the bid/proposal.
Failure to provide such certification may result in the rejection of bid/proposal or termination of
contract/agreement, for which the bidder/proposer.must bear full liability,
1.51. MODIFICATIONS OR CHANGES IN PURCHASE ORDERS AND CONTRACTS - No
contract or understanding to modify this Formal Solicitation and resultant purchase orders or contracts, if
applicable, shall be binding upon the City unless made in writing by the Director of Purchasing of the City
of Miami, Florida through the issuance of a change order, addendum, amendment, or supplement to the
contract, purchase order or award sheet as appropriate.
1.52, NO PARTN.ERSHIP OR JOINT VENTURE - Nothing contained in this Contract will be deemed
or construed to create a partnership or joint venture between the City of Miami and Contractor, or to create
any other similar relationship between the parties.
1.53. NONCONFORMANCE TO CONTRACT CONDITIONS - items may be tested for compliance
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Request for Proposals (RFP) 29 ' 10
__ with specifications under the direction of the Florida Department of Agriculture and Consumer Services or
by other appropriate testing Laboratories as determined by the City. The data derived from any test for
compliance with specifications is.public record and open to examination thereto in accordance with.
Chapter 119, Florida Statutes. Items delivered not conforming to specifications may be rejected and
returned at Bidder's/Proposer's expense. These non -conforming items not delivered as per delivery date in
the respotse 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.
1.59. 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 ofservices 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. MI persons having appropriate qualifications shall be
afforded equal opportunity for employment.
1.55. NON-EXCLUSIVE CONTRACT/PIGGYBACK PROVISION -At such times as may serve its
best interest, the City of Miami reserves the right to advertise for, receive, and award additional contracts
far these herein goods and/or services, and to make use of other competitively bid (governmental)
contracts, agreements, or other similar sources for the purchase of these goods and/or services as may be
available.
it is hereby agreed and understood that this formal solicitation does not constitute the exclusive rights of
the successful bidder(s)/proposer(s) to receive all orders that may be generated by the City in conjunction
with this Formal Solicitation,
in addition, any and all commodities, equipment, and services required by the City in conjunction with
construction projects are solicited under a distinctly different solicitation process and shall not be purchased
under the terms, conditions and awards rendered under this solicitation, unless such purchases are
determined to be in the best interest of the City.
1.56. OCCUPATIONAL LICENSE - Any person, firm, corporation or joint venture, with a business
location in the City of Miami and is submitting a Response under this Formal Solicitation shall meet the
City`s Occupational License Tax requirements in accordance with Chapter 31.1, Article I of the City of
Miami Charter. Others with a location outside the City of Miami shall meet their local Occupational
License Tax requirements. A copy of the license must be submitted with the response; however, the City
may at its sole option and in its best interest allow the Bidder/Proposer to supply the license to the .City
during the evaluation period, but prior to award,
1.57. ONE PROPOSAL Only one (1) Response from an individual, firm, partnership, corporation or
joint venture will be considered in response to this Formal Solicitation. When submitting an alternate
response, please refer to the herein condition for "Alternate Responses May Be Considered".
1.58. OWNERSIJIP 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 ail times remain the property of the City and shall not be used by
the Bidder/Proposer for any other purposes whatsoever without the written consent of the City,
1.59. PARTIAL INVALIDITY - If any provision of this Contract or the application thereof to any person
or circumstance shall to any extent be held invalid, then the remainder of this Contract or the application of
such provision to persons or circumstances other than those as to which it is held invalid shall not be
affected thereby, and each provision of this Contract shall be valid and enforced to the fullest extent
permitted by law.
1.60. PERFORMANCI,IPAYMENT 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.
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Request for Proposals (RFP) 291270
1.61. PREPARATION OF RESPONSES (HARDCOPY FORMAT) --Bidders/Proposers are expected to
examine the specifications, required delivery, drawings, and all special and general conditions. All •
bid/proposed ainounts, 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 shaB 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 fortes wil.I result in the rejection of the response. IF SUBMITTING
HARDCOPY FORMAT, THE ORIGINAL AND THREE (3) COPIES OF THESE SETS OF FORMS,
UNLESS OTHERWISE SPECIFIED, AND ANY REQUIRED ATTACHMENTS MUST BE
RETURNED TO THE CITY OR YOUR RESPONSE MAY BE DEEMED NON -RESPONSIVE.
1.62. PRICE ADICJSTIVIENTS — Any price decrease effectuated during the contract period either by
reason of market change or on the part of the eontractor to other customers shall be passed on to the City of
Miami.
1.63. PRODUCT SUBSTITUTES - In the event a particular awarded and approved manufacturer's
product becomes unavailable during the term of the Contract, the Contractor awarded that item may
arrange with the City's authorized representative(s) to supply a substitute product at the awarded price or
lower, provided that a sample is approved in advance of delivery and that the new product meets or exceeds
all quality requirements.
1.64. CONFLICT OF INTEREST, AND UNETHICAL :BUSINESS PRACTICE PROHIBITIONS -
Contractor represents and warrants to the City that it has not employed or retained any person or company
employed by the City to solicit or secure this Contract and that it has not offered to pay, paid, or agreed to
pay any person any fee, commission, percentage, brokerage fee, or gift of any kind contingent upon or in
connection with, the award of this Contract.
1.65. PROMPT PAYMENT--Bidders/Proposers may offer a cash discount for prompt payment; however,
discounts shall not be considered in determining the lowest net cost for response evaluation purposes.
Bidders/Proposers are required to provide their prompt payment terms in the space provided on the Formal
Solicitation. If no prompt payment discount is being offered, the Bidder/Proposer must enter zero (0) for
the percentage discount to indicate no discount. If the Bidder/Proposer fails to enter a percentage, it is
understood and agreed that the terms shall be 2% 20 days, effective after receipt of invoice or final
acceptance by the City, 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
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Request for Proposals (RFP) 291270
necessary due to damage, the cash discount period shall commence on the date final approval for payment -..
is authorized. If a discount is part of the contract, but the invoice does not reflect the existence of a cash
discount, the City is entitled to a cash discount with the period commencing on the date it is determined by
the City that a cash discount applies,
Price discounts off the original prices quoted on the Price Sheet will be accepted from successful
bidders/proposers during the term of the contract.
1.66. PROPERTY - Property owned by the City of Miami is the responsibility of the City of Miami. Such
property furnished to a Contractor for repair, modification, study, etc,, shall remain the property of the City
of Miami. Damages to such property occurring while in the possession of the Contractor shall be the
responsibility of the Contractor, Damages occurring to such property while in routeto tha City of Miaii7i
shall be the responsibility of the Contractor, In the event that such property is destroyed or declared a total
Joss, the Contractor shall be responsible for replacement value attic property at the current market value,
less depreciation of the property, if any.
1.67, PROVISIONS BINDING - Except as otherwise expressly provided in the resulting Contract, all
covenants, conditions and provisions of the resulting Contract shall be binding upon and shall inure to the
benefit of the parties hereto and their respective heirs, legal representatives, successors and assigns.
1.68. PUBLIC ENTITY CRIMES - A person or affiliate who has been placed on the convicted vendor list
following a conviction for a public entity crime may not submit a response on a contract to provide any
goods or services to a public entity, may not submit a response on a contract with a public entity for the
construction or repair of a public building or public work, may not submit responses on leases of real
property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or
consultant under a contract with any public entity, and may not transact business with any public entity in
excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36
months from the date of being placed an the convicted vendor list.
1.69. PUBLIC RECORDS - Contractor understands that the public shall have access, at all reasonable
tines, to all documents and information pertaining to City contracts, subject to the provisions of Chapter
1 19, Florida Statutes, and City of Miami Code, Section 18, Article III, and agrees to allow access by the
City and the public to all documents subject to disclosure under applicable law. Contractor's failure or
refusal to comply with the provision of this section shall result in the immediate cancellation of this
Contract by the City.
1.70. QUALITY OF GOODS, MATERIALS, SUPPLIES, PRODUCTS, AND EQUIPMENT - All
materials used in the manufacturing or construction of supplies, materials, or equipment covered by this
solicitation shall be new, The items bid/proposed must be of the latest make or model, of the best quality,.
and of the highest grade of workmanship, unless as otherwise specified in this Solicitation.
1.71. QUALITY OF WORK/SERVICES - The work/services performed must be of the highest quality
and workmanship. Materials furnished to complete the service shall be new and of the highest quality
except as otherwise specified in this Solicitation.
1.72. REMEDIES PRIOR TO AWARD (Sec. 18-1D6) - 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.
1.73, RESOLUTION OF CONTRACT DISPUTES (See. 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 there; provided that, in cases involving an amount greater
than $25,000, the City Commission must approve the City Manager's decision. Such authority extends,
without limitation, to controversies based upon breach of Contract, mistake, misrepresentation or lack of
complete performance, and shall be invoked by a Contractual Party by submission of a protest to the City
Manager.
(b) Contract dispute decisions. If a dispute is not resolved by mutual consent, the City Manager shall
promptly render a written report stating the reasons for the action taken by the City Commission or the City
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Request for Proposals (RFP) 291270
Manager which shall be final and conclusive. A copy of the decision shall be immediately provided to the
protesting party, along with a notice of such parry's right to seek judicial relief, provided that the protesting
party shall not be entitled to such judicial relief without first having; followed the.procedure set forth in this ,
section.
1.74. RESOLUTION OF PROTESTED SOLICITATIONS AND AWARDS (Sec. 18-104)
(a) Right to protest. The following procedures shall be used for resolution of protested solicitations and
awards except for purchases of goods, supplies, equipment, and services, the estimated cost of which does
not exceed $25,000.
Protests thereon shall be governed by the Administrative Policies and Procedures of Purchasing;, ,
1.Protest of Solicitation.
i. Any prospective proposer who perceives itself aggrieved in connection with the solicitation of a Contract
may protest to the Chief Procurement Officer. A written notice of intent to file a protest shall be filed with
the Chief Procurement Officer within three days after the Request for Proposals, Request for Qualifications
or Request for Letters of Interest is published in a newspaper of general circulation, A notice of intent to
file a protest is considered filed when received by the Chief Procurement Officer; or
E. 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 afterreceipt by the proposer of the notice of the City Manager's recommendation for award of
Contract, which will be posted on the City of Miami Purchasing Department website, in the Supplier
Corner, Current Solicitations and Notice of Recommendation of Award Section. The notice of the City
Manager's recommendation can be found by selecting the details of the solicitation and is listed as
Recommendation of Award Posting Date and Recommendation of Award To fields, If "various" is
indicated in the Recommendation of Award To field, the .BidderfProposer 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
id. 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 trail or U.S. mail, return receipt'requested. A notice of
intent to file a protest is considered filed when received by the Chief Procurement Officer.
iii. A written protest based on any of the foregoing must be submitted to the Chief Procurement Officer
within five (5) days after the date the notice of protest was filed. A written protest is considered filed when
received by the Chief Procurement Officer.
The written protest may not challenge the relative weight of the evaluation criteria or the formula for
assigning points in making an award determination.
The written protest shall state with particularity the specific facts and law upon which the protest of the
solicitation or the award is based, and shall include all pertinent documents and evidence and shall be
accompanied by the required Filing Fee as provided in subsection (f). This shall form the basis for review
of the written protest 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 cornputed.shall be included unless it is a
Saturday, Sunday or legal holiday in which evens 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
Page 20 of 34
Request for Proposals (ESP) 29127e
excluded in the computation of the time for filing.
(b) Authority to resolve protests. The Chief Procurement Officer shall have the authority, subject to the
approval of the City Manager and the city attorney, to settle and resolve any written protest. The Chief
Procurement Officer shall obtain the requisite approvals and communicate said decision to the protesting,
party and shall submit said decision to the City Commission within 30 days after he/she receives the
protest. In cases involving more than $25,000, the decision of the Chief Procurement Officer shall be
submitted for approval or disapproval thereof to the City Commission after a favorable recommendation by
the city attorney and the City Manager.
(c) Compliance with filing requirements. Failure of a party to timely file either the notice of intent to file a
protest or the written protest, together with the required Filing Fee as provided incsubsectidil(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. Ail costs accruing from a protest shall be assumed by the protestor.
(t) Filing Fee. The written protest must be accompanied by a filing fee in the form of a money order or
cashier's check payable to the city in an amount equal to one percent of the amount of the Bid or proposed
Contract, or S5000.00, whichever is less, which filing fee shall guarantee the payment of all costs which
may be adjudged against the protestor in any administrative or court proceeding. If a protest is upheld by
the Chief Procurement Officer and/or the City Commission, as applicable, the filing fee shall be refunded
to the protestor less any costs assessed under subsection (e) above. If the protest is denied, the filing fee
shall be forfeited to the city in lieu of payment of costs for the administrative proceedings as prescribed by
subsection (e) above.
1.75. SAMPLES - Samples of items, when required, must be submitted within the time specified at no
expense to the City. If not destroyed by testing, bidder(s)Jproposer(s)wlll be notified to remove samples,
at their expense, within 30 days after notification. Failure to remove the samples willresult in the samples
becoming the property of the City.
1.76. SELLING, TRANSFERRING OR ASSIGNING RESPONSIBILITIES - Contractor shall not sell,
assign, transfer or subcontract at any time during the term of the Contract, or any part of its operations, or
assign any portion of the performance required by this contract, except under and by virtue of written
permission granted by the City through the proper officials, which may be withheld or conditioned, in the
City's sole discretion.
1.77. SERVICE AND WARRANTY —When specified, the bidder/proposer shall define all warranty,
service and replacements that will be provided. Bidders/Proposer must explain on the Response to what
extent warranty and service facilities are available. A copy of the manufacturer's warranty, if applicable,
should be submitted with your response.
1.78. SILENCE OF SPECIFICATIONS - The apparent silence of these specifications and any
supplemental specification as to any detail or the omission from it of detailed description concerning ahy
point shall be regarded as meaning that only the best commercial practices are to prevail and that only
materials of first quality and.eorrect type, size and design are to be used. All workmanship and services is
to be first quality.
All interpretations of these specifications shall be made upon the basis of this'statement.
If your firm has a current contract with the State of Florida, Department of General Services, to supply the
items on this solicitation, the bidder/proposer shall quote not more than the contract price; failure to comply
with this request will result in disqualification of bid/proposal.
1.79. SUBMISSION AND RECEIPT OF RESPONSES - Responses shall be submitted electronically via
•
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Request t'or Proposals (1U P) 291.4.'/U
the Oracle System or responses may be submitted in hardcopy format to the City Clerk, City Hall, 350C
Pan American Drive, Miami, Florida 33133-5504, al or before, the specified closing date and time as ---
designated in the ]FB, RFP, RFQ, or RFLI. NO EXCEPTIONS. ]3]dders/Proposers are welcome to attend
the solicitation closing; however, no award will be made at that tune.
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 Fortes may be rejected. Hardcopy responses received at any other location than the
specified shall be deemed non -responsive,
Directions to City Hall:
FROM THE NORTH: I-95 SOUTH] UNTIL IT TURNS INTO US1. US1 SOUTH TO 27Tf1 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 RIGI-IT, '
FROM THE SOUTH: US1 NORTH TO 27TH AVENUE, TURN RIGHT, PROCEED SOUTH TO 50.
I3AYSHORE DR. (3RD TRAFFIC LIGHT), TURN LEFT, 1 BLOCK TURN RIGHT ON PAN
AMERICAN DR. CITY HALL IS AT THE END OF PAN AMERICAN Dft, PARKING IS ON RIGHT,
E. 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 ofBidder/Proposer. The City of Miami is not responsible for delays caused by
the United States mail delivery or caused by any other occurrence. Responses received after the
solicitation closing date and time will be returned unopened, and will not be considered for award.
E. Late responses will be rejected.
F. All responses are subject to the conditions specified herein, Those which do not comply with these
conditions are subject to rejection.
C. Modification of responses already submitted will be considered only if received at the City before the
time and date set for closing of solicitation responses. All modifications must be submitted via the Oracle
System or in writing. Once a .solicitation closes (closed date and/or time expires), the City will not consider
any subsequent submission which alters the responses.
H. If hardcopy responses are submitted at the same time for different solicitations, each response must be
placed in a separate envelope, box, or package and each envelope, box or package must contain the
information previously stated in 1.82.A.
1.80. TAXES - The City of Miami is exempt from any taxes imposed by the State and/or Federal
Government, Exemption certificates will be provided upon request. Notwithstanding, Bidders/Proposers
should be aware of the fact that all materials and supplies which are purchased by the Bidder/Proposer for
the completion of the contract is subject to the Florida State Sales Tax in accordance with Section 212.08,
Florida Statutes, as amended and all amendments thereto and shall be paid solely by the Bidder/Proposer.
1.81. TERMINATION —The City Manager on behalf of the City of Miami reserves the right to terminate
this contract by written notice to the contractor effective the date specified in the notice should any of the
following apply:
A. The contractor is determined by the City to be in breach of any of the terms and conditions of the
contract.
E. The City has determined that such termination will be in the best interest of the City to terminate the
contract for its own convenience;
C. Funds are not available to cover the cost of the goods and/or services. The City's obligation is
contingent upon the availability of appropriate funds.
1.82. TERMS OF PAYMENT - Payment will be made by the City after the goods and/or services
awarded to a Bidder/Proposer have been received, inspected, and found to comply with award
•
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Request for Proposals (RFP) 291270
specifications, free of damage or defect, and properly invoiced. No advance payments of any kind will be
made by the City of Miami.
Payment shall be made after delivery, within 45 days of receipt of an invoice and authorized'inspectiore
and acceptance of the goods/services and pursuant to Section 218.74, Florida Statutes and other applicable
law.
1.83. TIMELY DELIVERY - Time will be of the essence for any orders placed as a result of this
solicitation. The City reserves the right to cancel such orders, or any part thereof, without obligation, if
delivery is not made within the time(s) specified on their Response. Deliveries are to be made during
regular City business hours unless otherwise specified in the Special Conditions.
1.84. TITLE - Title to the goods or equipment shaII not pass to the City until after the City has accepted
the goods/equipment or used the goods, whichever comes first.
I.85.TRADE SECRETS EXECUTION TO PUBLIC RECORDS DISCLOSURE- All Responses
submitted to the City are subject to public disclosure pursuant to Chapter 119, Florida Statutes. An
exception may be made for "trade secrets"
Ifthe Response contains information that constitutes a "trade secret", al] rnatrial that qualifies for
exemption from Chapter 119 must be submitted in a separate envelope, clearly identified as "TRADE
SECRETS EXCEPTION,"with your fu-m'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
attorney's fees incurred by the City by reason of any legal action challenging your claim.
1.86. UNAUTHORIZED WORK OR DELIVERY OF GOODS- Neither the qualified
Bidder(s)/Proposer(s) nor any of his/her employees shall perform any work or deliver any goods unless a
change order or purchase orderis issued and received by the Contractor. The qualified
Bidder(s)/Proposer(s) shall not be paid for any work performed or goods delivered outside the scope of the
contract or any work performed by an employee not otherwise previously authorized.
1.87. USE OF NAIVE - 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 ne City, without prior express
written permission of the City Manager or the City Commission.
For purposes of solicitation evaluation, bidders/proposers must indicate any variances from the solicitation
specifications andfor conditions, no matter how slight. If variations are not stated on their Response, it will
be assumed that the product fully complies with the City's specifications.
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Request for Proposals (leEl')'.1.91'�'fV
2. Special Conditions
2.1. PURPOSE
The purpose of this Solicitation is to establish a contract, for the Establishment, Operation and Administion
of dot Miami, as specified herein, from a source(s) of supply that will give prompt and efficient service
fully compliant with the terms, conditions and stipulations of the solicitation.
2.2, DEADLINE FOR RECEIPT OF REQUEST FOR ADDITIONAL
INFORIVIATION/CLARIFICATION
Any questions or clarifications concerning this solicitation shall be submitted by email or facsimile to the
Purchasing Department, Attn: Maritza Suarez, CPPB; fax: (305) 400-5025 or
email: msuarez@ci.miami.fl.us. The solicitation title and number shall be referenced on all
correspondence. All questions must be received no later than Wednesday, February 22, 2012 @ 5:00 p.m..
All responses to questions will be sent to all prospective bidders/proposers in the form on an addendum.
NO QUESTIONS. WILL BE RECEIVED VERBALLY OR AFTER SAID DEADLINE.
2.3. TERM OF CONTRACT
•
The proposer(s) qualified to provide the service(s) requested herein (the "Successful Proposer(s)") shall be
required to execute a contract ("Contract") with the City, which shall include, but not be limited to, the
following terms:
(1) The term of the Contract(s) shall be for five (5) years with an option to renew for two (2) additional
five (5) years periods.
(2) The City shall have the option to extend or terminate the Contract.
Continuation of the contract beyond the initial period is a City prerogative; not a right of the
bidder/proposer. This prerogative will be exercised only when such continuation is clearly in the best
interest of the City.
2.4, CONDITIONS FOR RENEWAL
Each renewal of this contract is subject to the following:
(1) Continued satisfactory performance compliance with the specifications, 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 fum(s).
2.6. PRE-DID/PRE-PROPOSAL CONFERENCE
N one
2.7. MINIMUM REQUIREMENTS
The following represent the minimum qualifications for a Firm to be considered for the provision of the
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Request 1`or Proposals (Kt- i') 'LN I !U
Services. Failure to meet each of the following qualification requirements, and/or„failure to provide___.. . ,
sufficient detail and/or documentation in its Proposal to determine responsiveness by the City, will result in
the Proposal being deemed non -responsive.
1. Successful Proposer must demonstrate successful extensive experience providing the services contained
herein.
2. Successful Proposer must possess sufficient qualified, experienced, and trained staff to provide the
Services outlined in this RF'P.
3. Meet or exceed all elements of the Scope of Services, '
Additionally, proposer shall provide responses to all of the questions outlined in Attachment A.
2.8. CONTRACT EXECUTION
The selected Proposer(s) evaluated and ranked in accordance with the requirements of this Solicitation,
shall be awarded an opportunity to negotiate a contract ("Contract") with the City. The City reserves the
right to execute or not execute, as applicable a Contract with the selected Proposer(s) that is determined to
be most advantageous and in the City's best interest. Such Contract will be furnished by the City, will
contain certain terms as are in the City's best interests, and will be subject to approval as to legal form by
the City Attorney,
2.9. FAILURE TO PERFORM
Should it not be possible to reach the contractor or supervisor and/or should remedial action not be taken
within 48 hours of any failure to perform according to specifications, the City reserves the right to declare
Contractor in default of the contract or make appropriate reductions in the contract payment.
2.10. INSURANCE REQUIREMENTS
1NDEMNIF1CATION
Bidder shall pay on behalf of, indemnify and save City and its officials harmless, from and against any and
all claims, liabilities, lasses, and causes of action, which may arise out of bidder's performance under the
provisions of the contract, including all acts or omissions to act on the part of bidder, including any person
performing under this Contract for or on bidder's behalf, provided that any such claims, liabilities, losses
and causes of such action are not attributable to the negligence or misconduct of the. City and, from and
against any orders, judgments or decrees which may be entered and which may result from this Contract,
unless attributable to the negligence or misconduct of the City, and from and against all costs, attorneys'
fees, expenses and liabilities incurred in the defense of any such claim, or the investigation thereof.
The bidder shall furnish to City of Miami, c/a Purchasing Department, 444 SW 2nd Avenue, oth 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
13. Endorsements Required
City of Miami included as an Additional Insured
Contingent & Contractual Liability
Page 25 of 34
Request tor Proposals titrrl ru
Premises and Operations Liability
11. 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 a an Additional insured
Worker's Compensation
A. Limits of Liability
Statutory -State of Florida
Waiver of Subrogation
TV. 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
V. Professional Liability/Errors and Omissions Coverage
Combined Single Limit
Each Claim $1,000,000
General Aggregate Limit $1,000,000
Deductible- not to exceed 10%
BINDERS ARE UNACCEPTABLE.
The insurance coverage required shall include those classifications, as listed in standard liability
Insurance manuals, which most nearly reflect the operations of the bidder,
All insurance policies required above shall be issued by companies authorized to do business under
the laws of the State of Florida, with the following qualifications:
The Company must be rated no 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.
The above policies shall provide the City of Miami with written notice of cancellation or material
change from the insurer in accordance to policy provisions.
NOTE: CITY BID NUMBER AND/OR TITLE OF BID MUST APPEAR ON EACH
CERTIFICATE.
Compliance with the foregoing requirements shall not relieve the bidder of his liability and
obligation under this section or under any other section of this Agreement.
—If insurance certificates are scheduled to expire during the contractual period, the Bidder shall be
responsible for submitting new or renewed insurance certificates to the City at a minimum of ten (10)
Page 26 of 34
icequest for rruposaxs tier
calendar days in advance of such expiration.
—In the event that expired certificates are not replaced with new or renewed certificates which cover
the contractual period, the City shall:
(4) Suspend the contract until such time as the new or renewed certificates are received by the
City hi the manner prescribed in the invitation To Bid.
(5) The City may, at its sole discretion, terminate this contract for cause and seek re -procurement
damages from the Bidder in conjunction with the General and Special Terms and Conditions of the
Bid.
The Bidder shall be responsible for assuring that the insurance certificates required in conjunction
with this Section remain in force for the duration of the contractual period; including any and all __-'_"
option terms that may be granted to the Bidder.
2.11. CONTRACT ADMINISTRATOR
Upon award, contractor shall report and work directly with Ms. Cindy Torres, who shall be designated as
the Contract Administrator,
2.12. SUBCONTRACTOR(S) OR SUBCONSULTANT(S)
A Sub -Consultant, herein known as Sub-Contractor(s) is an individual or firm contracted by the Proposer
orProposer'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 acceptor reject any Sub -Contractors
proposed in the response of Successful Proposer or prior to contract execution. Any and all liabilities
regarding the use of a Sub -Contractor shall be borne solely by the Successful Proposer and insurance for
each Sub -Contractors must be maintained in good standing and approved by the City throughout the
duration of the Contract. Neither Successful Proposer nor any of its Sub -Contractors are considered to be
employees or agents of the City. Failure to list all Sub -Contractors and provide the required information
may disqualify any proposed Sub -Contractors from performing work under this Solicitation.
Proposers shall include in their Responses the requested Sub -Contractor information and include all
relevant information required of the Proposer. In addition, within five (5) working days after the
identification of the award to the Successful Proposer, the Successful Proposer shall provide a list
confirming the Sub -Contractors that the Successful Proposer intends to utilize in the Contract, if applicable.
The list shall include, at a minimum, the name, location of the place of business for each Sub -Contractor,
the services Sub -Contractor will provide relative to any contract that may result from this Solicitation, any
applicable licenses, references, ownership, and other information required of Proposer.
2.13. 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 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 perjrorm is
without his or his subcontractor's control, fault or negligence, the termination will be deemed to be a
termination for the convenience of the City of Miami.
B. FOR CONVENIENCE
The City Manager may terminate this Contract, in whole or in part, upon 30 days prior written .notice when
Page 27 of 34
isequest Tar eropusais kAerr) eee 1.4 1V
it is in the best interests of the City of Miami. If this Contract is for supplies, products, equipment, or
software, and so terminated for the convenience by the City of Miami the Contractor will be compensated
in accordance with an agreed upon adjustment of cost. To the extent that this Contract is for services and so
terminated, the City of'Miami shall be liable only for payment in accordance with the payment provisions
of the Contract for those services rendered prior to termination.
2.14. ADDITIONAL TERMS AND CONDITIONS
No additional terms and conditions included with the solicitation response shall be evaluated or
considered, and any and ah such additional terms and conditions shall have no force or effect and are
inapplicable to this solicitation.' If submitted either purposely,, through intent or design, or inadvertently,
appearing separately in transmittal letters, specifications, literature, price lists or warranties, it is understood
and agreed that the General and Special Conditions in this solicitation are the only conditions applicable to
this solicitation and that the bidder's/proposer's authorized signature affixed to the bidder's/proposer's
acknowledgment form attests to this.
2.15. PRIMARY CLIENT (FIRST PRIORITY)
The successful bidder(s)Iproposer(s) agree upon award of this contract that the City of Miami shall be its
primary client and shall be serviced first during a schedule conflict arising between this contract and any
other contract successful bidder(s)/proposer(s) may have with any other cities and/or counties to perform
similar services as a result of any catastrophic events such as tornadoes, hurricanes, severe storms or any
other public emergency impacting various areas during or approximately the same time.
2.16. UNAUTHORIZED WORK
The Successful Proposer(s) shall not begin work until a Purchase Order is received.
2.17, CHANCES/ALTERATIONS
Proposer may change or withdraw a Proposal at any time prior to Proposal submission deadline; however,
no oral modifications will be allowed. Written modifications shall not be allowed following the proposal
deadline.
2.18, COMPENSATION PROPOSAL
Each Proposer shall detail any and all fees and costs to provide the required services as listed herein, and
as indicated in Attachment A,.Section 3. Financial Proposal. ,
The City reserves the right to add or delete any service, at any time. Should the City determine to add an
additional service for which pricing was not previously secured, the City shall seek the Successful Proposer
to provide reasonable cost(s) for same. Should the City determine the pricing unreasonable, the City
reserves the right to negotiate cost(s) or seek another vendor for the provision of said service(s).
Failure to submit compensation proposal as required shall disqualify Proposer from consideration.
2.19. INFORMAL EVALUATION/SELECTION PROCESS AND CONTRACT AWARD
The procedure for response evaluation, selection and award is as follows:
(1) Solicitation issued.
(2) Receipt of responses
(3) Opening and listing of all responses received
Page 2S of 34
itecluesi TOT rropusais Erurr) Iy s. f c
(4) Purchasing staff will review each submission far compliance with the submission requirements of the
Solicitation, including verifying that each submission includes all .documents required,
(5) An Evaluation Committee comprised of a appropriate City Staff from the City, and/ar members of the
community, as deemed necessary With the appropriate technical expertise and/or knowledge, shall meet to
evaluate each response in accordance with the requirements of this Solicitation, and based upon the
evaluation criteria as specified herein.
(6) The Evaluation Committee reserves the right, in its sole discretion, to request Proposers to make oral
presentations before the Committee as part of the evaluation process. The presentation may be scheduled at
the convenience of the Evaluation Committee,
(7) The Evaluation Committee reserves the right to rank the Proposals and shall submit its recommendation
to the City Manager for acceptance and award upon certification of compliance with competitive
negotiations method by the Chief Procurement Officer, pursuant to Section 18-86 (b) of the City of
Miami Code.
2.20. ADDITIONAL SERVICES
Services not specifically identified in this request may be added to any resultant contract upon successful
negotiation' and mutual consent of the contracting parties.
2.21. RECORDS
During the contract period, and for a least five (5) subsequent years thereafter, Successful Proposer shall
provide City access to all files and records maintained on the City's behalf.
2.22. TRUTH IN NEGOTIATION CERTIFICATE
Execution of the resulting agreement by the Successful Proposer shall act as the execution of
truth -in -negotiation certificate stating that wage rates and other factual unit costs supporting the
compensation of the resulting Agreement are accurate, complete, and current at the time of contracting.
The original contract price and any additions thereto shall be adjusted to exclude any significant sums by
which City detcmiines the contract price was increased due to inaccurate, incomplete, or non -current wage
rates and other factual unit costs. Ali such contract adjustments shall be made within one (1) year
following the end of the Agreement.
•
Page 29 of 34
bequest fur rro/usaus 1.h.f'r) LJ 1.'. I U
3. Specifications
3.1. SPECIFICATIONS/SCOPE OF WORK
The City of Miami is seeking a qualified firm ("Successful Proposer") with the background and experience
to establish, operate and administer the dot MIAMI tap -level domain, in accordance with the following
scope of work. The City intends on providing the Successful Proposer with a letter of
support/non-objection during the ICANN application process. Should the contract be terminated as defined
in Section 2,13, the City reserves the right to rescind this letter of support/non-objection.
SCOPE OF WORK
Successful Proposer shall:
1. Work with the City of Miami to successfully apply to the Internet Corporation for Assigned Names
and Numbers (ICANN) for the dot MIAMI top-level domain (TLD). The Successful Proposer shall
provide complete answers to questions 23-44 of the ICANN Applicants Guidebook !CANN New gTLD
Applicants Guidebook, as updated 11 January, 2012, or subsequent versions if any further changes are
made before April 12, 2012 Irtttt.11t ugtiels�i_._ an�tn�Qx� atzt� icantslag�
2. Establish, operate and administer — technically, financially and operationally — the dot MIAMI TLD,
for an initial period of five years with the possibility to extend for ten additional years
3. Develop policy and advise the City of Miami on. overall strategy for dot M1AMI, on an ongoing basis
and as required, consulting stakeholders subject to oversight of the City of Mimi,
There are six types of functions involved in starting and running a registry: •
Application preparation
Pre -launch
Technical & operations
Outreach & communications
Policy development
Operations & customer support
A partnership model has been chosen to best allocate these functions between the City of Miami and the
Successful Proposer
• The City of Miami will maintain overall oversight and control of the gTLD, run the application
process for the domain, manage marketing and communications and closely oversee policy development.
The City retains the right to reject any use of the gTLD for purposes that are not in accord with the City's
Charter, Code of Ordinances, Resolutions and Policies.
The Successful Proposer will provide application support, pre -launch, technical and operations.
Responses to the REP will be evaluated on the basis of ability to provide these services and complement the
City of Miami's existing strengths.
While the City of Miami currently intends to provide marketing artd communications for dot MIAMI., we
are open to proposals that include marketing and connnuunications. This RFP does not specify those tasks
and objectives, and does not require RFP respondents to include a marketing and communications proposal
beyond providing responses to the questions in Section 2,11. If RFP respondents wish to submit a
marketing and communications proposal, they should do so in a single, separate and referenced document
submitted with its response.
Regarding financing the application and operation of dot MIAMI, the Successful Proposer shall be
required to pay the ICANN application fee of US$185,000 on behalf of the City of Miami. The City of
Miami will support future marketing and communications resources on en as needed basis and as
negotiated between the parties. The City reserves the right to negotiate a future reimbursement schedule
for any unanticipated out-of-pocket expenses that are incurreed by the City in support of this effort.
We are interested in financial proposals from potential partners including arrangements for an initial five
years of:
__:�_�_ .
• _--'Fondling the operati'bn ---____-_.__•- .___ _..._____.._ _.-
Registry service provision
Page 30 of34
tcequest ror rroposals tlft t') Ly11 /u
Revenue -sharing
• Any other economic/financial advantages to the City of Miami
Specific tasks and responsibilities of the Successful Proposer are summarized as follows:
Application Preparation
Working in partnership with the City of Miami, coordinate and support us in obtaining the dot MIAMI
TLD:
Provide guidance to the City of Miami on application development, e.g. with respect to type of
application, and the further elaboration of the TLD's purpose and mission
• Develop and submit on our behalf an application for the dot MIAMI TLD and accompanying
documentation to the JCANN TAS system
• Develop the TLD purpose in consultation with the City of Miami, stakeholders, relevant policies,
business modeling and financial projections, technical and operational planning, and all other relevant
materials
Report back to the City of Miami on progress of the application
Provide all necessary advice and support in the case of any objections or contentions
Carry out pre -delegation technical testing
1f required by the City ofMiarni, execute the registry agreement
• Develop, under the guidance and direction of the City of Miami, all other requirements of the
]CANN Applicant Guidebook
Pre -Launch
With the City ofMianri, design and implement a pre -launch strategy, including sunrise and land rush
in compliance with 1CANN requirements, to maximize the ixnpact and success of dot MIAMI
• Provide market research -based analysis and proposals for premium name auctions, in conjunction
with the City of Miami's overall dot MIAMI marketing and communications strategy
Work with the City of Miami on name reservation for public bodies and other essential bodies in dot
MIAMI
Provide all operational and technical requirements for TLD launch, including development of
appropriate customer support and, if relevant, registrant verification methodologies.
Technical and Operations
Finance the establishment and operation of the TLD for the first five years
•
• Establish and operate all IT systems and technical and operational infrastructure necessary to launch
and operate the TLD, in compliance with the requirements of the 1CANN Applicant Guidebook
Ensure full support for IPv6 through all relevant registry functions
Develop or establish relationships with appropriate registrars to ensure rapid and wide availability of
second level names to the public, in accordance'with JCANN policies and contractual requirements
• Administer and oversee all necessary rights protection and renewals mechanisms in compliance with
1CANN requirements and guidelines
• Host all personal data in the United States, including escrowed data covered by US data protection
legislation, in accordance with data protection legislation and best practice
• Establish necessary procedures for lawful access to registration and other data
• Provide dedicated and regular reporting to the City of Miami on registration and other relevant
registry data, and financial accounting and projections.
Policy Development
• Ahead of the ICANN application deadline, develop, overseen by the City of Miami and in
conjunction with relevant stakeholders, all necessary registry policies to support the application for dot
MIAMI
In collaboration with the City of Miami throughout the lifetime of the registry or partner contract,
develop, amend or elaborate new policies as required, maintaining regular contact and collaboration with
Page 31 of 34
Request tor eroposats vu-r) ZY1 ro
stakeholders
• Report in a timely way to the City of Miami,on the likely impact onriot MIAMI of any JCANN
consensus policies
Page 32 of 34
Kcequesl lur rrupus= %1\rr) 4 f1.Liu
- 4. Submission Requirements
4.1. SUBMISSION REQUIREMENTS
Proposers shall provide responses to all of the questions outlined in Attachment A or provide a response
that answers all of the questions in sequence. Any attachments should be referenced in the boxes provided
and files labeled according to the numbering system contained in Attachment A.
This information should be provided for the Proposer and any sub -consultants to be utilized for the work
contemplated by this Solicitation. Proposals submitted which do not include all of the questions outlined in
Attachment A nay be deemed non -responsive and may not be considered for contract award.
ALL RESPONSES WILL BE SUBMITTED IN.HARDCOPY FORMAT ONLY TO INCLUDE ONE
ORIGINAL AND SEVEN (7) COPIES. NO ON-LINE SUBMITTALS WILL BE ACCEPTED, •
Proposals shall be submitted to the City of Miami, Purchasing Department, Attention: Maritza Suarez,
Procurement Supervisor, 444 SW 2 Avenue, 6th Floor,lvllami, Florida 33130.
Page 33 of 34
Request Tor Vrupusais kr,rr) .i IL IV
5. Evaluation Criteria -
5.1. EVALUATION CRITERIA
Individual Evaluation Committee (Committee) members will evaluate proposals based on the 100%
evaluation criteria defined herein. These individual numerical scores, per committee member, will then be
converted into ordinal ranking numbers (1, 2, 3, 4, 5, etc,), from highest to lowest, with the highest
numerical score receiving the I ordinal ranking. Tied numerical scores will receive the same ordinal
number and succeeding ordinal numbers will be skipped to offset the total number of scores that were tied
(I, 1, 3, 4, 5, etc.; 1, 2, 2, 2, 5, etc). Ordinal scores for all Committee members will then be totaled in the
= aggregate. The proposer who receives the lowest total overall Ordinal score will be the highest rank - - —._—
proposer. The proposer who receives the second lowest total ordinal score will be the second highest rank
proposer, etc.
Proposals shall be evaluated based upon the following criteria and weight:
Criteria: 'Weight:
1. Overall Qualifications and Experience: ' 25%
2. Technical and Operational Capacity; Experience
and Approach to dot MIAMI: 40%
3. Financial Proposal: 30%
4. Other Questions 5%
Page 34 of 34
RFP No. 291270 Attachment A
Proposal Template
Please provide responses to all of the questions outlined below or submit a response that
answers these questions in sequence. Any attachments should be referenced in the boxes
provided and files labeled according to our numbering system..
1 Cornpany Qualifications and
Experience (25%)
1.1 Contact Information
Please provide the following information:
1.1.1 Company/organization name
(including legal and trading names if applicable):
1.1.2 Headquarters registered address:
1, "I.3 Postal address (if different):
1.1,4 Name and position of contact person for
information and inquiries:
1.1,5 Telephone:
1,1.6 Email address:
1.2 Company Overview
Provide a company profile including the following
items:
1.2.1 Company structure
1.2.2 Ownership structure, including whether publicly
traded or not, shareholdings greater than 20%, or
board and governance structure, and objectives if
nonprofit
1.2.3 Names of company officers, board members,
senior management team and any other key
personnel
1.2.4 Core competencies
1.2,5 Brief description of the company's business model,
including percentage of total or projected revenue
derived from new gTLD-related work compared to
other activities
Page 1 of 13
Response l Doc Reference
Response 1 Doc Reference
RFP No. 291270 Attachment A
1.2.6 Location(s) of company operations, including
where operations serving dot MIAMI would be
located
1.2.7 Length of time in business (and any relevant pre -
establishment history).
1.2.8 Any planned IPOs, mergers or acquisitions and/or
company re -structuring.
1.2.9 Listings for publicly traded companies.
1,3 Relevant Expertise
1.3.1 Experience in the TLD space.
1.3,1 Experience in the 1CANN community
1.4 Company Financial Information
1,4.1 What is your annual turnover?
1.4.2 What relevant Insurance and indemnities do you
currently possess related to new TLDs/registry
service provision and your potential partnership
with the City of Miami. What is the limit of their
liabilities?
1,4.3 If requested subsequently will you provide your last
three annual financial reports?
Response / Doc Reference
Response / Doc Reference
1.5 Contracting Party Response / Doc Reference
1.5.1 If awarded the contract, will you contract in your
own right throughout the term of the contract?
1.5.2 If not, and you are acting as agent for another
entity, please give details of that entity and your
authority to enter into a contract with the City of
Miami on the entity's behalf.
1.5.3 Detail which, if any, of your technical operations
are carried out by third parties, identifying the
firms, any relevant liability insurance and your
contingency plans in the case of failure. If you have
ever experienced a significant failure by a service
provider, please describe the issues, what steps
you took and how the matter was resolved.
Page 2 of 13
L
RFP No. 293270 Attachment A
-.--...Organizations technical and operational capacity;
experience and approach to dot I IMAMI (40%)
2.1 Project and Relationship Management
2.1.1 Please supply two examples (no more
than 500 words each) of successful
partnerships/business relationships you
have been part of to deliver large,
complex projects or programs.
2.1.2 Please explain your approach to creating
and maintaining good and profitable
working relationships with the City of
Miami and dot MIAMI stakeholders,
Response / Doc Reference
.2.2 ICANN Application Response / Doc Reference
2.2.1 Describe in no more than 1,500 words
how you will manage the dot MIAMI
application in partnership with the City of
Miami, including but not limited to:
.2.2.1..1 • Application planning and timeline to
ensure a timely and complete
application
2.2.1.2 e Elaborating the purpose of the TLD for
the City of Miami
2.2.1.3 • Consultation with relevant
stakeholders on key strategy policy
issues
2.2.1A • Elaboration of the business model and
plan
2.2.1.5 • Development of required policies and
procedures
2.2.1.6 • Preparing and submitting ail
application documentation on behalf of
the City of Miami through the ICANN
TLD App. System
2.2,1.7 •• Support of the City of Miami
throughout entire evaluation process
2.2.1.6 • Management of any objections or
contentions
2.2.1,9 • How you would keep the City of Miami
and stakeholders informed
2.3 TLD Capability and Capacity
2.3.1 Please give an overview of your overall
Page 3 of 13
' Response / Doc -Reference
RFP No, 291270 Attachment A
technical and operational capacity -
relevant to TLD operations.
2.3.2 How do you meet Specification 6 of the
Applicants Guidebook (on.interoperability,
continuity and performance) and all
relevant IETF RFCs?
2.4 TLD Expertise
2.4.1 Please provide details of your key
personnel and proposed sub -contractors'
knowledge and experience of technical,
operational and business plans for new
TLDs, referencing the requirements of the
current ICANN Applicant Guidebook. (no
more than 500 words)
'2.4,2 Give details of TLDs you operate, or have..
operated, or are likely to operate in the
future, Describe'
2.4.2.1 • Dates of operation
2,4.2.2 • The nature of your role (i.e. overall
registry operation or registry service
provision)
2.4.2.3 Surnrnary.of technical performance,
including any downtime
2,4.2.4 n Summary of financial performance,
including registration numbers and
changes over time
2.4.3 Do you have any experience operating or
providing relevant services to a registry
operating a closed or verified registrant
service? (no more than 250 words)
2.4.3.1 Describe your approach to managing
registrant pre -verification or authentication
if dot MIAMI were to require registrants
are located in the Greater MIAMI area.
Please include methodology and
estimated costs, if available,
2.4.4 Can you provide the required registry
services according to the ICANN Applicant
Guidebook and draft registry agreement?
Please summarize capabilities and, if you
outsource any service to a third party,
please name the organization.
2.4.5 Please summarize your approach to
providing registry services to dot MIAMI,
Page 4 of 13
Response f Doc Reference
RFP No. 291270 - Attachment A
including:... ..
2.4.5.1 • Receiving registration and name
server data from registrars
2.4.5.2 a Giving registrars zone server status
updates
2.4.5.3 o Disseminating the zone files
2.4.5.4 • Operating registry DNS servers
2.4.5.5 s Disseminating contact and other
information regarding domain name
server registrations
2.4.5.6 • Any other required services according
to the Applicant Guidebook or draft,
registry agreement
2.5 IPv6 Response / Doc Reference
2.5.1 IPv6 — What is your methodology and
current status on transitioning to IPv6?
2.5.2 How would you support IPv6-enabled
services for dot MIAMI registrants and
related services?
2.6 Security and Stabiiity Response 1 Doc Reference
2.6.1 Describe, in no more than 1 000 words,
your organizattion's own information and
network security arrangements,' including:
2.6.1.1 m Access control
2.6.1.2 • Capacity to withstand brute force and
other types of attack
2.6.1.3 • incident mitigation and response
2.6.1.4 • How clot MIAMI registry services
would be maintained in an attack on It
or on other parts of your infrastructure
2.6.2 Describe how you will meet the security
and stability requirements required in the
Applicant Guidebook,
2.7 Data Protection and Law Enforcement
Access
2.7,1 Please demonstrate your ability to store
and process all personal data, including
registration data, in compliance with
United States (U.S.) data protection
legislation.
Page 5 of 13
Response / Doc Reference
RFP Na. 291.270 Attachment A
2.7.2 What, if any, are the implications of your
data escrow provision for compliance with
U.S. data protection?
2.7.3 What provisions have been/would be
made for U.S. lawful access to registration
and other types of data by 1J.S.
authorities? What provisions have
been/would be made for takedown or
other lawful enforcement actions by legally
entitled entities?
2.7,4 If you envisage data processing or hosting
outside the U.S., what provisions are in
place to prevent risks to the operation of
dot MIAMI or increase its legal liability
because of access or enforcement actions
by other legal authorities or other entities?
2.8 Accounting and Reporting
2.8.1 Will you provide correct and timely
reporting — on registration volume and
trends, operational, technical and financial
performance - and billing for dot MIAMI?
Please briefly describe, include frequency
and provide sample reports.
2.9 Policy Development
2.9,1 Describe your capability and experience in
developing registry policies and
procedures including:
2.9.1.1 • Registration and use policies
2.9,1.2 . Whois, rights protection and abuse
policies (regarding Whois, describe
and demonstrate experience
developing an effective Whois policy
and set of procedures that comply with
both 1GANN requirements and U.S.
data protection law,)
2.9.1.3 • Escrow, failover and registry continuity
2.9,1.4 • Sunrise / land rush / launch strategy
and policies
2.9.1.5 • Internationalized domain names (at
the second level)
2.9.2 Please outline your strategy and approach
to developing policy in collaboration with
the City of Miami and relevant
Page 6 of 13
Response / Doc Reference
Response / Doc Reference
RFP No. 291270 Attachment A
stakeholders, including, but not limited to:
2.9.2,1 • Business, including ICI players,
registrants and intellectual property
rights -holders •
2.9.2.2 • Civil society including relevant human
rights advocates
2.9.2.3 • Local and national government
2.9.2.4 • Law enforcement
2.10 Customer Support
2.10.1 What are your customer support
capabilities?
2.10.2 What customer support needs do you
envision dot MIAMI may have?
2,10.3 What operational and support resources
and personnel do you envision/would you
make available for supporting dot MIAMI
registrants and registrars? Where would
they be based?
2.10.4 If your proposal is successful, do you have
any plans to locate personnel in MIAMI? If
so, how many and would their roles be?
2.11 Human Resources
2.11.1 How many full-time employees does your
organization employ? How many full time
contractors/freelancers does your
organization engage? Please Include a
copy of your organizational chart.
2.11.2 What type of team will be assigned to this
project? What will each person's role be?
2.11.3 How many employees or full time
contractors/freelancers would be working
directly on this contract? For how long?
2.11.4 Briefly describe the percentage of your
staff that would work on this project
relative to your entire staff (including full
time contractors/freelancers).
2.11.5 Please provide details on the personnel
and any proposed sub -contractors who
would work on this contract, describing
their skills, background and Qualifications,
and key responsibilities,
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Response f Doc Reference
Response I Doc Reference
FIFA No, 291270 Attachment A
2.11.6 How many gTLD applications do you plan
to support in total duringthe first five years
of the proposed partnership with the City
of Miami? How will you ensure the dot
MIAMI application, delegation and
management are given proper support?
2.11.7 How many, if any, dot MIAMI-based jobs
would be directly created by your
proposal?
2,11.8 How would you maximize interactions with
dot MIAMI-based businesses for the
procurement of products and services?
2.12 Marketing
2.12.1 Describe your organization's TLD
marketing experience and expertise. (no
more than 500 words)
2.12.2 What is your approach to marketing the
dot MIAMI TLD? Please Include
indications of expected registration
volume in the first five years of operation,
and an overview market analysis.
2.12.3 How would you work with existing registrar
channels in the U.S. to maximize dot
MIAMI registrations? Please describe your
existing relationships with U.S. based or
focused registrars.
Response / Doc Reference
2.13 Compliance Response / Doc Reference
2.13.1 Describe your experience in effecting
compliance with registration and
use/abuse policies and balancing
registrant rights with those af, for example,
intellectual property rights -holders. (No
more than 500 words)
2.13.2 Describe your experience in preventing or
minimizing domain name warehousing
and cyber-squatting. (No more than 500
words)
2.13.3 How would you ensure compliance with
dot MIAMI's policies and procedures? (no
more than 500 words)
2.14 Transitioning Response 1 Doc Reference
Page 8 of 13
Attachment
2.14.1 Have you ever tnanm0nnmdoutzf
managing properating aTLD`ormno
registry service provider?
2.142 If so, please describe how you
successfully transitioned. out,
_
page om13
RFP No. 291270
Attachment A
3 Financial Proposal (30%)
3.1. The City of Miami is committed to the success of dot Miami, and will assist in
marketing, advertising and PR, on an as needed basis to maximize revenues and
ensure the TLD is a commercial success. The City of Miami is open to sharing the
potential rewards with the partner with zero to little out of pocket costs for the City of
Miami,
Regarding financing the application and operation of dot MIAMI, the Successful
Proposer shall be required to pay the ICANN application fee of US$185,000 on
behalf Of the City of Miami. The City of Miami will support the marketing,
communications, resources, and the City of Miami's legal fees, on an as needed
basis and as negotiated between the parties,
Bearing in mind the variety of potential business models for dot MIAMI, we with to
receive financial proposals including detailed arrangements for the first five years of:
• Cash flow provided by proposer
• Registry service provision by proposer
• Revenue -sharing to the City of Miami and proposer
• Any other economic/financial advantages to the City of Miami
3.1.1 What will the cost of setting up the registry be?
Please include detailed financial information.
Please include any third party service provision or
fees (e.g. DNS service, data escrow).
3.1.2 What Is the expected annual cost to your
organization of operating the registry? is this a
fixed or a per domain cost? Please include detailed
financial information. Please include any third party
service provision or fees (e.g. DNS service, data
escrow),
3.1.3 Describe your organization's overall capacity to
operate dot MIAMI on a self financed basis.
3.1.4 Can you provide sufficient start-up capita to
establish and operate dot MIAMI for its first five
years, including:
Sufficient cash flow to fund operations during an
estimated pre -launch period of 6 months and for
the first five years? Proposals that combine ready
cash flow with financial arrangements such as
letters of credit will be considered.
3.1.5 How do you plan to recoup your investment? By
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Response 1 Doc Reference
RFP No. 291270
Attachment A
when? Describe your proposed revenue -sharing
arrangement and timeline. .
3.1.6 Please provide projected registration and financial
performance projections, including optimistic,
worse and expected returns, including impact on
proposed revenue share.
3.1.7 What is your financial position and understanding
regarding the City of Miami's position if the
application to ICANN for dot MIAMI.is
unsuccessful?
3.2 If you wish to propose an alternative financial
proposal regarding investment and revenue -
sharing, please do so. Please describe it fully and
clearly state the advantages. It is also
recommended that you clearly mark your
alternative proposal "3.2 Alternative Financial
Proposal" and also submit a financial proposal
against the requirement in section 3.1.
Page 11of13
RFP No. 291270 Attachment A
4 Other Questions (5%)
4.1 Other Information Response 1 Doc Reference
4.1.1 Is there any other information you would like to
include that will help us to assess you as a
partner and in particular any information which
you are aware of and which has not been
disclosed elsewhere which could have a
significant adverse impact on:
4.1.1.1 • The reputation of the City of Miami
4.1.1.2 • The RFP respondent's ability to satisfy the
requirements of this RFP now or in the future
4,1.1,3 •. Our decision to appoint the RFP respondent
4.1.1,4 • The RFP respondent's ability to eater into a
partnership contract with the C•rty of Miami.
4.2 References Response 1 Doc Reference
4.2.1 Provide two references, including contact details
(named individual, postal and emaii addresses,
telephone number), for relevant work your
organization has undertaken, along with a brief,
one -paragraph summary of the project and
description of the specific role your organization
played.
4.3 Legal
4.3.1 is the RFP respondent/any companies in the RFP
respondent's group of companies, and/or any of
their directors, key personnel or shareholders
owning over 10%, currently, or have any of them
in the past ten years, been subject to:
4,3.1.1 • Legal proceedings including bankruptcy or
alleged breach of contract
4.3.1.2 • Criminal charges or convictions listed in
Section 1.2.1 of the ICANN Applicant
Guidebook
4.3.1.3 • Investigations by any public or regulatory
body
4.3.2 If so, please provide details.
4.3.3 What is your understanding of the legal
implications of servicing any registry operations
outside the U.S.? E.g. data protection, applicable
law, law enforcement access.
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Response 1 Doc Reference
RFP No. 291270 Attachment A
4.4 Conflicts of Interest - Response / Doc Reference
Please describe any current or potential conflicts
of interest your organization may have in relation
to this project, including to the proposed dot
MIAMI TLD or to the City of Miami.
Page 13 of 13