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HomeMy WebLinkAboutRequest For ProposalANN.[E PT REZ, CPPC7 l)AN1EI.., J. AU ON C) Chief rroctrrenrerrt Officer City Manager ADDENDUM NO. 2 RFP No. 495345 July 20, 2015 Request for Proposals for Employee Benefit Dental Plan TO: ALL PROSPECTIVE PROPOSERS: The following changes, additions, clarifications, and deletions amend the RFP documents of the above captioned RFP, and shall become an integral part of the Contract Documents. Words andlor 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. Addendum No. 1 has been updated to include all pages, as pages were .inadvertently omitted during scanning of document, ALL OTHER TERMS AND CONDITIONS OF THE RFP REMAIN THE SAME. Sincerely r• e Perez CP Chief Procurement Officer AP:yc Cc: RFP File ANN7.E PE:1 Bz, c:p:po DANIEL j. ALFONSO Chief ProcurcnaarrtOfficcr City M.tanttgcr ADDENDUM NO. 1 RFP No. 495345 July 16, 2015 Request for Proposals fo.r Emi Iovee Benefit Dental Plan TO: ALL PROSPECTIVE PROPOSERS: The following changes, additions, clarifications, and deletions amend the RFP documents of the above captioned RFP, and shall become an integral part of the Contract Documents. Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall be added. The remaining provisions are now in effect and remain unchanged. Please note the contents herein and reflect same on the documents you have on hand. The closing date and time has been extended to Monday, July 27, 2015 at 3:00 PM, Below please find questions from prospective Proposers and the City's answers to those questions received before the stipulated due date: 01. What is the out of network reimbursement for the Dental Preferred Provider Organization (DPPO)? Al , The out of network reimbursement for the DPPO Is ninety percent (90%). Q2, Provide a more comprehensive benefit summary for the Dental Health Maintenance Organization (DHMO)? A2. Please refer to Attachment 16, Benefit Summaries, 03. Provide a copy of the certificate of coverage for the PPO and DHMO plans? A3, Refer to Attachments 13 and, 13 Part 2, Q4. What percentile of Usual Customary and Reasonable (UCR) is the out of network allowance for the PPO plan? A4, Please refer to Question and Answer No, 1, Q5. Can you provide a full certificate of coverage for the PPO plan? A5, Please refer to Question and Answer No. 3. Q6. Can you provide the full certificate of coverage for the DHMO plan? A6. Please refer to Question and Answer No. 3, 07. In paragraph 1.11 on page 8 of the Request for Proposal (RFP), the City requests carriers to furnish a cashier's or certified check or bid bond to guarantee that a carrier Addendum No. 1 July 10, 2015 RFP No. 495345 will accept an order or contract/agreement, as bid/proposed, if it is awarded to the carrier, is this provision applicable to this RFP for dental insurance? A7. No, Q8. In paragraph 2.16 on page 32 of the RFP, the City request carriers to furnish a compensation proposal that lists all costs to provide all services as detailed in Section 3.1. Is this provision applicable to this RFP for dental insurance? A8, Yes,. Q9. Could we get the January and February 2013 PPO claims experience with Guardian, and the 2012 PPO claims experience with MetLife? A9. Please refer to Attachment 14 for the Guardian DPPO (PDF) Experience file, and Attachment 14 Part 2, for the MetLife (Excel) Experience File. Q10. Do the rates received include commissions? A10. No. Q11.. Please provide a) the DPPO Summary for the Executive Plan and b) confirm the Out - of -Network (OON) reimbursement level. Alt a) Please refer to Question and Answer No. 3; b) Ninety percent (90%). Q12. Confirm the OON reimbursement level for the DPPO (non -Executive plan) Al2. Ninety percent (90%). Q13. Provide Certificate of Coverage (COCs) for the DPPO plans. A13. Please refer to Attachment 13, Q14.Please provide renewal rates for DPPO plans currently covered with Guardian. A14.Please refer to attachment No. 16. Q15. Two (2) references were requested in section 4.1, letter g, (page 39) but five references in the "Financial Stability and Experience" #16 in .Attachment A (page 9). Can you confirm which number we should provide? A15. Both sections must be adhered to. Section 4.1, letter "g" requests that the Proposer list two (2) clients that have "discontinued" their services with the Proposer. Attachment A, Financial Stability and Experience, number 16, ask for any references of clients of similar size over the past year. Q16. A chart was provided on page 15 of Attachment A, DMO Rates and Fees were required. Is there a similar chart for the DPPO. Is there anywhere specific you would like us to include the DPPO Rates and Fees? A16. Attachment A has been modified to include DPPO, and is provided in Word Format. Q17. One page 4 of the RFP (last page of the "Certification Statement), you include a line to enter unit price, but then above you ask us to disregard the line item. Just to confirm, no dollar amounts should be put in this line? Page 2 Addendum No. 1 July 10, 2015 RFP No, 495345 A17, Correct, No dollar amounts shall be inputted in the line item on page four (4) of the RFP. Attachment A is providedand is attached to the Header Section of the electronic solicitation. Q18. In Section 1.60 (page 19) you ask that we include our name, address and phone number on all sheets. Can you confirm this would Just be for the Certification Statement? A18. Please refer to Section 4,1 Submission Requirements. Q19. Confirm no Performance/Payment Bond is required with submission of the RFP, as discussed in Section 1.59 (page 19)? A19. No Performance/Payment Bond is required with submission of proposal. Q20.Can you confirm that the Certificates of Insurance discussion in Section 2.9 (page 28) do not need to be submitted, until award of contract? A20. Proof of insurance in accordance with the requirements of the RFP, will only be required of the successful proposer upon award. Q21.Can you confirm we only need to list sub -contractors who would be specifically engaged for the City of Miami contract, per section 2.12 (page 31) and Section 4.1 (page 38) A21. Yes, Q22. Provide additional Information on what materials would constitute the "Compensation Proposal", in Section 2.16 (page 32). A22. Compensation Proposal shall be submitted via Attachment A. Q23. In Section 4.1, Item 10, letter b, it is asked that the. Proposer submit a "Service Fee Schedule" (page 41). Are there any specific forms we should use, or should we just provide our own pricing templates? A23. No, there are no specific forms, Proposer shall provide Proposer's own pricing templates. Q24, Confirm If we could re -start the page numbering within each required RFP Tab, per Section 2.16 (page 32), A24. Yes, however, refer to Section 4.1 Submission Requirements, Q25. In the RFP structure in Section 4.1 (pages 38-41), you ask us to respond to Attachment A in several different tabs. Since Attachment A is one Integrated document, is it acceptable to only put the final completed version of it in Section 10, and just make a note in the other areas that Attachment A can be found here? A25. Yes. Q26. Can you confirm we could put the provider directories requested in Section 4.1, Item 10, letter c on CD-ROM, rather than print, due to the size of these documents? A26. Yes, If providing on CD-ROM, Proposer must submit 7 copies. Page 3 Addendum No. 1 July 10, 2016 RFP No. 495345 Q27. Can you confirm we should include provider directories only for the Active Employees, since some retirees may be located in other States? A27. The City is interested in understanding and being able to provide to their current enrolled Retiree population what. Network is available from all the National Networks for their Retiree population. if a Directory is not feasibie, please provide at a minimum the DPPO and DHMO providers within. a 40 mile radius (one or two page) directory for Retiree's residing outside of the state of Florida and Tri-County area. Q28. Provide a copy of the DHMO copay schedule. A28. Please refer to Attachment No. 13. Q29. Provide a rollover report showing the rollover amounts accrued by members. A29. Please disregard any reference to Rollover in the Benefit Summaries; the current plan has never had the Rollover option. Q30. How long has the rollover feature been in place? A30. Rollover benefit was never implemented, Refer to Question and Answer No. 29. Q31. Provide a copy of the DPPO SPD. A31. Refer to Question and Answer No. 3 Q32. Please confirmif the Executive plan has the same rates as the regular plan, and if the Executive experience is included in the experience provided. A32, Executive and All other plans have separate/different rates. Executive plan experience is included within the provided 24 months of claims data. Q33. Can Attachment A — Questionnaire be provided in a Word format? A33. Yes. Refer to Attachment A — Word Format as Attachment 12. Q34. Provide the DHMO experience specifically 24 months, if available. A34. The DHMO plan is a fully capitated produot of Which no claims experience is provided. Q35. Is the renewal information. available? A35. Refer to Question and Answer No. 14, Q36. Is it possible to get enrollment reports from Delta and Cigna, Just for the retirees? A36. Both the DPPO and DHMO Census files contain the current enrolled Retiree data. The DPPO file under Column C, titled "Class" contains the Retiree data under Class 4. The DHMO Census file contains the Retiree Identifier under Column G, "Branch Type". Both of these file were obtained from the respective carriers. Q37. Is the contract at the end of a two (2) or three (3) year rate guarantee or an option to renew? A37, The three (3) year contract expires December 31, 2015, Page 4 Addendum No. 1 ( ( July 10, 2015 RFP No, 495345 Q38.Number of years with current carrier, if Ness than five years please provide number of carriers in the last 5 years. A38. The current incumbents are Guardian (DPPO) and Cigna (DHMO). Prior carriers were MetLife (DPPO) and Solstice (DHMO). Q39. Is the DHMO Schedule available? A39. Please refer to Question and Answer No, 2, Q40. Is the DPPO Plan certificate or schedule of benefits available? A40. Please refer to Question and Answer No, 5. 441. Is the DPPO Executive Plan certificate or schedule of benefits available? A41. Refer to Question and Answer no. 11, Q42.Have there been any plan changes since 1/1/2013? If so, please provide details. A42,Yes.The Out of Network Reimbursement to the All Others Plan was increased from eighty percent (80%) to ninety percent (90%). Q43.Pursuant to Section 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 (IFE) 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. If we have clarifications or exception to some of these terms and conditions for this RFP response, will we be eliminated from consideration? it indicates above to list them and then .Indicates that we will be considered nonresponsive if we do list exceptions. A43. Special Conditions In Section 2.0 specifically Section 2,14, Additional Terms and Conditions supersede Section 1.35, Exceptions to General and/or Special Conditions or Specifications, of the General Terms and Conditions. ALL OTHER TERMS AND CONDITIONS OF THE RFP REMAIN THE SAME. Sliver ly, / nie Perez CPPO hief Procurement Officer AP:yc Cc: RFP File INCORPORATED 18w96 City of Miami Purchasing Department Miami Riverside Center 444 SW 2nd Avenue, 601 Floor Miami, Florida 33130 Web Site Address: http://ci.miami.fl.us/procurement Number: Title: 495345,2 Request for Proposals for Employee Benefit Dental Plan Issue Date/Time: 20-JUL-2015 Closing Date/Time: 07/27/2015 cr. 15:00:00 Pre -Bid Conference: Voluntary Pre -Bid Date/Time: Tuesday, June 23, 2015 at 10:00 AM Pre -Bid Location: Miami Riverside Center (MRC), 444 SW 2 Avenue, loth FL, Miami, FL 33130 Deadline for Request for Clarification: Friday, June 26, 2015 at 5:00 PM Buyer: Calderon, Yadissa Hard Copy Submittal Location: City of Miami - City Clerk 3500 Pan American Drive Miami FL 33133 US Buyer E-Mail Address: ycalderon@miamigov.com Buyer Facsimile: 305-400-5369 Page 1 of 42 Certification Statement Please quote on this form, if applicable, net prices for the item(s) listed. Return signed original and retain a copy for your files. Prices should include all costs, including transportation to destination. The City reserves the right to accept or reject all or any part of this submission. Prices should be firm for a minimum of 180 days following the time set for closing of the submissions. In the event of errors in extension of totals, the unit prices shall govern in determining the quoted prices. We (I) certify that we have read your solicitation, completed the necessary documents, and propose to furnish and deliver, F.O.B. DESTINATION, the items or services specified herein. The undersigned hereby certifies that neither the contractual party nor any of its principal owners or personnel have been convicted of any of the violations, or debarred or suspended as set in section 18-107 or Ordinance No. 12271. All exceptions to this submission have been documented in the section below (refer to paragraph and section). EXCEPTIONS: We (I) certify that any and all information contained in this submission is true; and we (I) further certify that this submission is made without prior understanding, agreement, or connection with any corporation, firm, or person submitting a submission for the same materials, supplies, equipment, or service, and is in all respects fair and without collusion or fraud. We (I) agree to abide by all terms and conditions of this solicitation and certify that I am authorized to sign this submission for the submitter. Please print the following and sign your name: SUPPLIER NAME. ADDRESS: PHONE: FAX EMAIL: BEEPER. SIGNED BY. TITLE: DATE. FAILURE TO COMPLETE, SIGN, AND RETURN THIS FORM SHALL DISOUALIFY THIS BID. Page 2 of 42 Certifications Legal Name of Firm: Address, City, State, Zip, Contact Name, Contact Title, Phone, Fax, Email: 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: Please list and acknowledge all addendum/addenda received. List the addendum/addenda number and date of receipt (i.e. Addendum No. 1, 7/1/07). If no addendum/addenda was/were issued, please insert N/A. If Bidder has a Local Office, as defined under Chapter 18/Articlle III, Section 18-73 of the City Code, has Bidder filled out, notarized, and included with its bid response the "City of Miami Local Office Certification" form? YES OR NO? (The City of Miami Local Office Certification form is located in the Oracle Sourcing system ("iSupplier"), under the Header/Notes and Attachments Section of this solicitation) Page 3 of 42 Line: 1 Description: Disregard this line item. Please refer to Attachment A, attached to the Header Section of this solicitation. Category: 94620-10 Unit of Measure: Dollar Unit Price: $ Number of Units: 1 Total: $ Page 4 of 42 495345,2 Table of Contents Terms and Conditions 6 1. General Conditions 6 1.1. GENERAL TERMS AND CONDITIONS 6 2. Special Conditions 26 2.1, PURPOSE 26 2.2. DEADLINE FOR RECEIPT OF REQUEST FOR ADDITIONAL INFORMATION/CLARIFICATION 26 2.3. TERM OF CONTRACT 26 2.4. CONDITIONS FOR RENEWAL 26 2.5. NON -APPROPRIATION OF FUNDS 26 2.6. MINIMUM QUALIFICATION REQUIREMENTS 27 2.7. CONTRACT EXECUTION 28 2.8. FAILURE TO PERFORM 28 2.9. INSURANCE REQUIREMENTS 28 2.10. PRE -PROPOSAL CONFERENCE 31 2.11. CONTRACT ADMINISTRATOR 31 2.12. SUBCONTRACTOR(S) OR SUBCONSULTANT(S) 31 2.13. TERMINATION 31 2.14. ADDITIONAL TERMS AND CONDITIONS 32 2.15. CHANGES/ALTERATIONS 32 2.16. COMPENSATION PROPOSAL 32 2.17. EVALUATION/SELECTION PROCESS AND CONTRACT AWARD 33 2.18. ADDITIONAL SERVICES 33 2.19. RECORDS 34 2.20. AMENDMENTS TO THE CONTRACT 34 2.21. TRUTH IN NEGOTIATION CERTIFICATE 34 3. Specifications 35 3.1. SPECIFICATIONS/SCOPE OF WORK 35 4. Submission Requirements 38 4.1. SUBMISSION REQUIREMENTS 38 5. Evaluation Criteria 42 5.1. EVALUATION CRITERIA 42 Page 5 of 42 495345,2 Terms and Conditions 1. General Conditions 1.1. GENERAL TERMS AND CONDITIONS Intent: The General Terms and Conditions described herein apply to the acquisition of goods/equipment/services with an estimated aggregate cost of $25,000.00 or more. Definition: A formal solicitation is defined as issuance of an Invitation for Bids, Request for Proposals, Request for Qualifications, or Request for Letters of Interest pursuant to the City of Miami Procurement Code and/or Florida Law, as amended. Formal Solicitation and Solicitation shall be defined in the same manner herein. 1.1. ACCEPTANCE OF GOODS OR EQUIPMENT - Any good(s) or equipment delivered under this formal solicitation, if applicable, shall remain the property of the seller until a physical inspection and actual usage of the good is made, and thereafter is accepted as satisfactory to the City. It must comply with the terms herein and be fully in accordance with specifications and of the highest quality. In the event the goods/equipment supplied to the City are found to be defective or does not conform to specifications, the City reserves the right to cancel the order upon written notice to the Contractor and return the product to the Contractor at the Contractor's expense. 1.2. ACCEPTANCE OF OFFER The signed or electronic submission of your solicitation response shall be considered an offer on the part of the bidder/proposer; such offer shall be deemed accepted upon issuance by the City of a purchase order. 1.3. ACCEPTANCE/REJECTION — The City reserves the right to accept or reject any or all responses or parts of after opening/closing date and request re -issuance on the goods/services described in the formal solicitation. In the event of such rejection, the Director of Purchasing shall notify all affected bidders/proposers and make available a written explanation for the rejection. The City also reserves the right to reject the response of any bidder/proposer who has previously failed to properly perform under the terms and conditions of a contract, to deliver on time contracts of a similar nature, and who is not in a position to perform the requirements defined in this formal solicitation. The City further reserves the right to waive any irregularities or minor informalities or technicalities in any or all responses and may, at its discretion, re -issue this formal solicitation. 1.4. ADDENDA — It is the bidder's/proposer's responsibility to ensure receipt of all Addenda. Addenda are available at the City's website at: http://www.ci.miami.fl.us/procurement 1.5. ALTERNATE RESPONSES WILL NOT BE CONSIDERED. 1.6. ASSIGNMENT - Contractor agrees not to subcontract, assign, transfer, convey, sublet, or otherwise dispose of the resulting Contract, or any or all of its right, title or interest herein, without City of Miami's prior written consent. 1.7. ATTORNEY'S FEES - In connection withany litigation, mediation and arbitration arising out of this Contract, each party shall bear their own attorneys fees through and including appellate litigation and any post judgment proceedings. 1.8. AUDIT RIGHTS AND RECORDS RETENTION - The Successful Bidder/Proposer agrees to provide access at all reasonable times to the City, or to any of its duly authorized representatives, to any books, documents, papers, and records of Contractor which are directly pertinent to this formal solicitation, for the purpose of audit, examination, excerpts, and transcriptions. The Successful Bidder/Proposer shall maintain and retain any and all of Page 6 of 42 495345,2 the books, documents, papers and records pertinent to the Contract for three (3) years after the City makes final payment and all other pending matters are closed. Contractor's failure to or refusal to comply with this condition shall result in the immediate cancellation of this contract by the City. 1.9. AVAILABILITY OF CONTRACT STATE-WIDE - Any Governmental, not -for -profit or quasi -governmental entity in the State of Florida, may avail itself of this contract and purchase any and all goods/services, specified herein from the successful bidder(s)/proposer(s) at the contract price(s) established herein, when permissible by federal, state, and local laws, rules, and regulations. Each Governmental, not -for -profit or quasi -governmental entity which uses this formal solicitation and resulting bid contract or agreement will establish its own contract/agreement, place its own orders, issue its own purchase orders, be invoiced there from and make its own payments, determine shipping terms and issue its own exemption certificates as required by the successful bidder(s)/proposer(s). 1.10. AWARD OF CONTRACT: A. The Formal Solicitation, Bidder's/Proposer's response, any addenda issued, and the purchase order shall constitute the entire contract, unless modified in accordance with any ensuing contract/agreement, amendment or addenda. B. The award of a contract where there are Tie Bids will be decided by the Director of Purchasing or designee in the instance that Tie Bids can't be determined by applying Florida Statute 287.087, Preference to Businesses with Drug -Free Workplace Programs. C. The award of this contract may be preconditioned on the subsequent submission of other documents as specified in the Special Conditions or Technical Specifications. Bidder/Proposer shall be in default of its contractual obligation if such documents are not submitted in a timely manner and in the form required by the City. Where Bidder/Proposer is in default of these contractual requirements, the City, through action taken by the Purchasing Department, will void its acceptance of the Bidder's/Proposer's Response and may accept the Response from the next lowest responsive, responsible Bidder or Proposal most advantageous to the City or re -solicit the City's requirements. The City, at its sole discretion, may seek monetary restitution from Bidder/Proposer and its bid/proposal bond or guaranty, if applicable, as a result of damages or increased costs sustained as a result of the Bidder's/Proposer's default. D. The term of the contract shall be specified in one of three documents which shall be issued to the successful Bidder/Proposer. These documents may either be a purchase order, notice of award and/or contract award sheet. E. The City reserves the right to automatically extend this contract for up to one hundred twenty (120) calendar days beyond the stated contract term in order to provide City departments with continual service and supplies while a new contract is being solicited, evaluated, and/or awarded. If the right is exercised, the City shall notify the Bidder/Proposer, in writing, of its intent to extend the contract at the same price, terms and conditions for a specific number of days. Additional extensions over the first one hundred twenty (120) day extension may occur, if, the City and the Successful Bidder/Proposer are in mutual agreement of such extensions. F. Where the contract involves a single shipment of goods to the City, the contract term shall conclude upon completion of the expressed or implied warranty periods. G. The City reserves the right to award the contract on a split -order, lump sum or individual -item basis, or such combination as shall best serve the interests of the City unless otherwise specified. H. A Contract/Agreement may be awarded to the Bidder/Proposer by the City Commission based upon the minimum qualification requirements reflected herein. As a result of a RFP, RFQ, or RFLI, the City reserves the right to execute or not execute, as applicable, an Agreement with the Proposer, whichever is determined to be in the Page 7 of 42 495345,2 City's best interests. Such agreement will be furnished by the City, will contain certain terms as are in the City's best interests, and will be subject to approval as to legal form by the City Attorney. 1.11. BID BOND/ BID SECURITY - A cashier's or certified check, or a Bid Bond signed by a recognized surety company that is licensed to do business in the State of Florida, payable to the City of Miami, for the amount bid is required from all bidders/proposers, if so indicated under the Special Conditions. This check or bond guarantees that a bidder/proposer will accept the order or contract/agreement, as bid/proposed, if it is awarded to bidder/proposer. Bidder/Proposer shall forfeit bid deposit to the City should City award contract/agreement to Bidder/Proposer and Bidder/Proposer fails to accept the award. The City reserves the right to reject any and all surety tendered to the City. Bid deposits are returned to unsuccessful bidders/proposers within ten (10) days after the award and successful bidder's/proposer's acceptance of award. If sixty (60) days have passed after the date of the formal solicitation closing date, and no contract has been awarded, all bid deposits will be returned on demand. 1.12. RESPONSE FORM (HARDCOPY FORMAT) - All forms should be completed, signed and submitted accordingly. 1.13. BID SECURITY FORFEITED LIQUIDATED DAMAGES - Failure to execute an Agreement and/or file an acceptable Performance Bond, when required, as provided herein, shall be just cause for the annulment of the award and the forfeiture of the Bid Security to the City, which forfeiture shall be considered, not as a penalty, but in mitigation of damages sustained. Award may then be made to the next lowest responsive, responsible Bidder or Proposal most advantageous to the City or all responses may be rejected. 1.14. BRAND NAMES - If and wherever in the specifications brand names, makes, models, names of any manufacturers, trade names, or bidder/proposer catalog numbers are specified, it is for the purpose of establishing the type, function, minimum standard of design, efficiency, grade or quality of goods only. When the City does not wish to rule out other competitors' brands or makes, the phrase "OR EQUAL" is added. When bidding/proposing an approved equal, Bidders/Proposers will submit, with their response, complete sets of necessary data (factory information sheets, specifications, brochures, etc.) in order for the City to evaluate and determine the equality of the item(s) bid/proposed. The City shall be the sole judge of equality and its decision shall be final. Unless otherwise specified, evidence in the form of samples may be requested if the proposed brand is other than specified by the City. Such samples are to be furnished after formal solicitation opening/closing only upon request of the City. If samples should be requested, such samples must be received by the City no later than seven (7) calendar days after a formal request is made. 1.15. CANCELLATION - The City reserves the right to cancel all formal solicitations before its opening/closing. In the event of bid/proposal cancellation, the Director of Purchasing shall notify all prospective bidders/proposers and make available a written explanation for the cancellation, 1.16. CAPITAL EXPENDITURES - Contractor understands that any capital expenditures that the firm makes, or prepares to make, in order to deliver/perform the goods/services required by the City, is a business risk which the contractor must assume. The City will not be obligated to reimburse amortized or unamortized capital expenditures, or to maintain the approved status of any contractor. If contractor has been unable to recoup its capital expenditures during the time it is rendering such goods/services, it shall not have any claim upon the City. 1.17. CITY NOT LIABLE FOR DELAYS - It is further expressly agreed that in no event shall the City be liable for, or responsible to, the Bidder/Proposer/Consultant, any sub-contractor/sub-consultant, or to any other person for, or on account of, any stoppages or delay in the work herein provided for by injunction or other legal or equitable proceedings or on account of any delay for any cause over which the City has no control. 1.18. COLLUSION —Bidder/Proposer, by submitting a response, certifies that its response is made without previous understanding, agreement or connection either with any person, firm or corporation submitting a response Page 8 of 42 495345,2 for the same items/services or with the City of Miami's Purchasing Department or initiating department. The Bidder/Proposer certifies that its response is fair, without control, collusion, fraud or other illegal action. Bidder/Proposer certifies that it is in compliance with the Conflict of Interest and Code of Ethics Laws. The City will investigate all potential situations where collusion may have occurred and the City reserves the right to reject any and all bids/responses where collusion may have occurred. 1.19. COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS - Contractor understands that contracts between private entities and local governments are subject to certain laws and regulations, including laws pertaining to public records, conflict of interest, records keeping, etc. City and Contractor agree to comply with and observe all applicable laws, codes and ordinances as that may in any way affect the goods or equipment offered, including but not limited to: A. Executive Order 11246, which prohibits discrimination against any employee, applicant, or client because of race, creed, color, national origin, sex, or age with regard to, but not limited to, the following: employment practices, rate of pay or other compensation methods, and training selection. B. Occupational, Safety and Health Act (OSHA), as applicable to this Formal Solicitation. C. The State of Florida Statutes, Section 287.133(3)(A) on Public Entity Crimes, D. Environment Protection Agency (EPA), as applicable to this Formal Solicitation. E. Uniform Commercial Code (Florida Statutes, Chapter 672). F. Americans with Disabilities Act of 1990, as amended. G. National Institute of Occupational Safety Hazards (NIOSH), as applicable to this Formal Solicitation. H. National Forest Products Association (NFPA), as applicable to this Formal Solicitation. I. City Procurement Ordinance City Code Section 18, Article III. J. Conflict of Interest, City Code Section 2-611;61. K. Cone of Silence, City Code Section 18-74. L. The Florida Statutes Sections 218.73 and 218.74 on Prompt Payment. Lack of knowledge by the bidder/proposer will in no way be a cause for relief from responsibility. Non-compliance with all local, state, and federal directives, orders, and laws may be considered grounds for termination of contract(s). Copies of the City Ordinances may be obtained from the City Clerk's Office. 1.20. CONE OF SILENCE Pursuant to Section 18-74 of the City of Miami Code, a "Cone of Silence" is imposed upon each RFP, RFQ, RFLI, or IFB after advertisement and terminates at the time the City Manager issues a written recommendation to the Miami City Commission, The Cone of Silence shall be applicable only to Contracts for the provision of goods and services and public works or improvements for amounts greater than $200,000. The Cone of Silence prohibits any communication regarding RFPs, RFQs, RFLI or IFBs (bids) between, among others: Potential vendors, service providers, bidders, lobbyists or consultants and the City's professional staff including, but not limited to, the City Manager and the City Manager's staff; the Mayor, City Commissioners, or their respective staffs and any member of the respective selection/evaluation committee. The provision does not apply to, among other communications: Page 9 of 42 495345,2 oral communications with the City purchasing staff, provided the communication is limited strictly to matters of process or procedure already contained in the formal solicitation document; the provisions of the Cone of Silence do not apply to oral communications at duly noticed site visits/inspections, pre -proposal or pre -bid conferences, oral presentations before selection/evaluation committees, contract negotiations during any duly noticed public meeting, or public presentations made to the Miami City Commission during a duly noticed public meeting; or communications in writing or by email at any time with any City employee, official or member of the City Commission unless specifically prohibited by the applicable RFP, RFQ, RFLI or IFB (bid) documents (See Section 2,2. of the Special Conditions); or communications in connection with the collection of industry comments or the performance of market research regarding a particular RFP, RFQ, RFLI OR IFB by City Purchasing staff. Proposers or bidders must file a copy of any written communications with the Office of the City Clerk, which shall be made available to any person upon request. The City shall respond in writing and file a copy with the Office of the City Clerk, which shall be made available to any person upon request, Written communications may be in the form of e-mail, with a copy to the Office of the City Clerk. In addition to any other penalties provided by law, violation of the Cone of Silence by any proposer or bidder shall render any award voidable. A violation by a particular Bidder, Proposer, Offeror, Respondent, lobbyist or consultant shall subject same to potential penalties pursuant to the City Code. Any person having personal knowledge of a violation of these provisions shall report such violation to the State Attorney and/or may file a complaint with the Ethics Commission. Proposers or bidders should reference Section 18-74 of the City of Miami Code for further clarification. This language is only a summary of the key provisions of the Cone of Silence. Please review City of Miami Code Section 18-74 for a complete and thorough description of the Cone of Silence. You may contact the City Clerk at 305-250-5360, to obtain a copy of same. 1.21. CONFIDENTIALITY - As a political subdivision, the City of Miami is subject to the Florida Sunshine Act and Public Records Law. If this Contract/Agreement contains a confidentiality provision, it shall have no application when disclosure is required by Florida law or upon court order. 1.22. CONFLICT OF INTEREST — Bidders/Proposers, by responding to this Formal Solicitation, certify that to the best of their knowledge or belief, no elected/appointed official or employee of the City of Miami is financially interested, directly or indirectly, in the purchase of goods/services specified in this Formal Solicitation, Any such interests on the part of the Bidder/Proposer or its employees must be disclosed in writing to the City. Further, you must disclose the name of any City employee who owns, directly or indirectly, an interest of five percent (5%) or more of the total assets of capital stock in your firm. A. Bidder/Proposer further agrees not to use or attempt to use any knowledge, property or resource which may be within his/her/its trust, or perform his/her/its duties, to secure a special privilege, benefit, or exemption for himself/herself/itself, or others. Bidder/Proposer may not disclose or use information not available to members of the general public and gained by reason of his/her/its position, except for information relating exclusively to governmental practices, for his/her/its personal gain or benefit or for the personal gain or benefit of any other person or business entity. B. Bidder/Proposer hereby acknowledges that he/she/it has not contracted or transacted any business with the City or any person or agency acting for the City, and has not appeared in representation of any third party before any board, commission or agency of the City within the past two years. Bidder/Proposer further warrants that he/she/it is not related, specifically the spouse, son, daughter, parent, brother or sister, to: (i) any member of the commission; (ii) the mayor; (iii) any city employee; or (iv) any member of any board or agency of the City. C. A violation of this section may subject the Bidder/Proposer to immediate termination of any professional services agreement with the City, imposition of the maximum fine and/or any penalties allowed by law. Page 10 of 42 495345,2 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 fornlal solicitation, and bidders/proposers agree to hold the City harmless from any and all liability, loss, or expense occasioned by any such violation. 1.24. COST INCURRED BY BIDDER/PROPOSER - All expenses involved with the preparation and submission of Responses to the City, or any work performed in connection therewith shall be borne by the Bidder(s)/Proposer(s). 1.25. DEBARMENT AND SUSPENSIONS (Sec 18-107) (a) Authority and requirement to debar and suspend. After reasonable notice to an actual or prospective Contractual Party, and after reasonable opportunity for such party to be heard, the City Manager, after consultation with the Chief Procurement Officer and the city attorney, shall have the authority to debar a Contractual Party, for the causes listed below, from consideration for award of city Contracts. The debarment shall be for a period of not fewer than three years. The City Manager shall also have the authority to suspend a Contractual Party from consideration for award of city Contracts if there is probable cause for debarment, pending the debarment determination. The authority to debar and suspend contractors shall be exercised in accordance with regulations which shall be issued by the Chief Procurement Officer after approval by the City Manager, the city attorney, and the City Commission. (b) Causes for debarment or suspension. Causes for debarment or suspension include the following: (1) Conviction for commission of a criminal offense incident to obtaining or attempting to obtain a public or private Contract or subcontract, or incident to the performance of such Contract or subcontract. (2) Conviction under state or federal statutes of embezzlement, theft, forgery, bribery, falsification or destruction of records, receiving stolen property, or any other offense indicating a lack of business integrity or business honesty. (3) Conviction under state or federal antitrust statutes arising out of the submission of Bids or Proposals. (4) Violation of Contract provisions, which is regarded by the Chief Procurement Officer to be indicative of nonresponsibility. Such violation may include failure without good cause to perform in accordance with the terms and conditions of 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. (8) Found in violation of a zoning ordinance or any other city ordinance or regulation and for which a civil penalty or fine is due and owing to the city. (9) Any other cause judged by the City Manager to be so serious and compelling as to affect the Page 11 of 42 495345,2 responsibility of the Contractual Party performing city Contracts. (e) Certification. All Contracts for goods and services, sales, and leases by the city shall contain a certification that neither the Contractual Party nor any of its principal owners or personnel have been convicted of any of the violations set forth above or debarred or suspended as set forth in paragraph (b)(5). (d) Debarment and suspension decisions. Subject to the provisions of paragraph (a), the City Manager shall render a written decision stating the reasons for the debarment or suspension. A copy of the decision shall be provided promptly to the Contractual Party, along with a notice of said parry's right to seek judicial relief. 1.26. DEBARRED/SUSPENDED VENDORS —An entity or affiliate who has been placed on the State of Florida debarred or suspended vendor list may not submit a response on a contract to provide goods or services to a public entity, may not submit a response on a contract with a public entity for the construction or repair of a public building or public work, may not submit response on leases of real property to a public entity, may not award or perform work as a contractor, supplier, subcontractor, or consultant under contract with any public entity, and may not transact business with any public entity. 1.27. DEFAULT/FAILURE TO PERFORM The City shall be the sole judge of nonperformance, which shall include any failure on the part of the successful Bidder/Proposer to accept the award, to fiimish required documents, and/or to fitlfill any portion of this contract within the time stipulated. Upon default by the successful Bidder/Proposer to meet any terms of this agreement, the City will notify the Bidder/Proposer of the default and will provide the contractor three (3) days (weekends and holidays excluded) to remedy the default. Failure on the contractor's part to correct the default within the required three (3) days shall result in the Contract being terminated and upon the City notifying in writing the contractor of its intentions and the effective date of the termination. The following shall constitute default: A. Failure to perform the work or deliver the goods/services required under the Contract and/or within the time required or failing to use the subcontractors, entities and personnel as identified and set forth, and to the degree specified in the Contract. B. Failure to begin the work under this Contract within the time specified. C. Failure to perform the work with sufficient workers and equipment or with sufficient materials to ensure timely completion. D. Neglecting or refusing to remove materials or perform new work where prior work has been rejected as nonconforming with the terms of the Contract. E. Becoming insolvent, being declared bankrupt, or committing any act of bankruptcy or insolvency, or making an assignment for the benefit of creditors, if the insolvency, bankruptcy, or assignment renders the successful Bidder/Proposer incapable of performing the work in accordance with and as required by the Contract. F. Failure to comply with any of the terms of the Contract in any material respect. All costs and charges incurred by the City as a result of a default or a default incurred beyond the time limits stated, together with the cost of completing the work, shall be deducted from any monies due or which may become due on 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 Page 12 of 42 495345,2 to comply with these requirements may deem a Response non -responsive. 1.29. DISCOUNTS OFFERED DURING TERM OF CONTRACT - Discount Prices offered in the response shall be fixed after the award by the Commission, unless otherwise specified in the Special Terms and Conditions. Price discounts off the original prices quoted in the response will be accepted from successful Bidder(s)/Proposer(s) during the term of the contract. Such discounts shall remain in effect for a minimum of 120 days from approval by the City Commission Any discounts offered by a manufacturer to Bidder/Proposer will be passed on to the City. 1.30. DISCREPANCIES, ERRORS, AND OMISSIONS - Any discrepancies, errors, or ambiguities in the Formal Solicitation or addenda (if any) should be reported in writing to the City's Purchasing Department. Should it be found necessary, a written addendum will be incorporated in the Formal Solicitation and will become part of the purchase agreement (contract documents). The City will not be responsible for any oral instructions, clarifications, or other communications. A. Order of Precedence -- Any inconsistency in this formal solicitation shall be resolved by giving precedence to the following documents, the first of such list being the governing documents. 1) Addenda (as applicable) 2) Specifications 3) Special Conditions 4) General Terms and Conditions 1.31. EMERGENCY / DISASTER PERFORMANCE - In the event of a hurricane or other emergency or disaster situation, the successful vendor shall provide the City with the commodities/services defined within the scope of this formal solicitation at the price contained within vendor's response. Further, successful vendor shall deliver/perform for the city on a priority basis during such times of emergency. 1.32. ENTIRE BID CONTRACT OR AGREEMENT - The Bid Contract or Agreement consists of this City of Miami Formal Solicitation and specifically this General Conditions Section, Contractor's Response and any written agreement entered into by the City of Miami and Contractor in cases involving RFPs, RFQs, and RFLIs, and represents the entire understanding and agreement between the parties with respect to the subject matter hereof and supersedes all other negotiations, understanding and representations, if any, made by and between the parties. To the extent that the agreement conflicts with, modifies, alters or changes any of the terms and conditions contained in the Formal Solicitation and/or Response, the Formal Solicitation and then the Response shall control. This Contract may be modified only by a written agreement signed by the City of Miami and Contractor. 1.33. ESTIMATED QUANTITIES —Estimated quantities or estimated dollars are provided for your guidance only. No guarantee is expressed or implied as to quantities that will be purchased during the contract period. The City is not obligated to place an order for any given amount subsequent to the award of this contract. Said estimates may be used by the City for purposes of determining the low bidder or most advantageous proposer meeting specifications. The City reserves the right to acquire additional quantities at the prices bid/proposed or at lower prices in this Formal Solicitation. 1.34. EVALUATION OF RESPONSES A.Rejection of Responses The City may reject a Response for any of the following reasons: 1) Bidder/Proposer fails to acknowledge receipt of addenda; 2) Bidder/Proposer mistates or conceals any material fact in the Response ; Page 13 of 42 495345,2 3) Response does not conform to the requirements of the Formal Solicitation; 4) Response requires a conditional award that conflicts with the method of award; 5) Response does not include required samples, certificates, licenses as required; and, 6) Response was not executed by the Bidder's/Proposer(s) authorized agent. The foregoing is not an all inclusive list of reasons for which a Response may be rejected. The City may reject and re -advertise for all or any part of the Formal Solicitation whenever it is deemed in the best interest of the City. B. Elimination From Consideration 1) A contract shall not be awarded to any person or firm which is in arrears to the City upon any debt or contract, or which is a defaulter as surety or otherwise upon any obligation to the City. 2) A contract may not be awarded to any person or firm which has failed to perform under the terms and conditions of any previous contract with the City or deliver on time contracts of a similar nature. 3) A contract may not be awarded to any person or firm which has been debarred by the City in accordance with the City's Debarment and Suspension Ordinance. C. Determination of Responsibility 1) Responses will only be considered from entities who are regularly engaged in the business of providing the goods/equipment/services required by the Formal Solicitation. Bidder/Proposer must be able to demonstrate a satisfactory record of performance and integrity; and, have sufficient financial, material, equipment, facility, personnel resources, and expertise to meet all contractual requirements. The terms "equipment and organization" as used herein shall be construed to mean a fully equipped and well established entity in line with the best industry practices in the industry as determined by the City. 2) The City may consider any evidence available regarding the financial, technical and other qualifications and abilities of a Bidder/Proposer, including past performance (experience) with the City or any other governmental entity in making the award. 3) The City may require the Bidder(s)/Proposer(s) to show proof that they have been designated as an authorized representative of a manufacturer or supplier which is the actual source of supply, if required by the Formal Solicitation. 1.35. EXCEPTIONS TO GENERAL AND/OR SPECIAL CONDITIONS OR SPECIFICATIONS - Exceptions to the specifications shall be listed on the Response and shall reference the section. Any exceptions to the General or Special Conditions shall be cause for the bid (IFB) to be considered non -responsive. It also may be cause for a RFP, RFQ, or RFLI to be considered non -responsive; and, if exceptions are taken to the terms and conditions of the resulting agreement it may lead to terminating negotiations. 1.36. F.O.B. DESTINATION Unless otherwise specified in the Formal Solicitation, all prices quoted/proposed by the bidder/proposer must be F.O.B. DESTINATION, inside delivery, with all delivery costs and charges included in the bid/proposal price, unless otherwise specified in this Formal Solicitation. Failure to do so may be cause for rejection of bid/proposal. 1.37. FIRM PRICES - The bidder/proposer warrants that prices, terms, and conditions quoted in its response will be firm throughout the duration of the contract unless otherwise specified in the Formal Solicitation. Such prices will remain firm for the period of performance or resulting purchase orders or contracts, which are to be performed or supplied over a period of time. 1.38. FLORIDA MINIMUM WAGE - The Constitution of the State of Florida, Article X, Section 24, states that Page 14 of 42 495345,2 employers shall pay employee wages no less than the minimum wage for all hours worked in Florida. Accordingly, it is the contractor's and its' subcontractor(s) responsibility to understand and comply with this Florida constitutional minimum wage requirement and pay its employees the current established hourly minimum wage rate, which is subject to change or adjusted by the rate of inflation using the consumer price index for urban wage earners and clerical workers, CPI-W, or a successor index as calculated by the United States Department of Labor. Each adjusted minimum wage rate calculated shall be determined and published by the Agency Workforce Innovation on September 30th of each year and take effect on the following January 1st. At the time of responding, it is bidder/proposer and his/her subcontractor(s), 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 tetra of the contract. If impacted, bidder/proposer must furnish employee name(s), job title(s), job description(s), and current pay rate(s). Failure to submit this information at the time of submitting a response constitute successful bidder's/proposer's acknowledgement and understanding that the Florida Minimum Wage Law will not impact its prices throughout the term of contract and waiver of any contractual price increase request(s). The City reserves the right to request and successful bidder/proposer must provide for any and all information to make a wage and contractual price increase(s) determination, 1.39. GOVERNING LAW AND VENUE - The validity and effect of this Contract shall be 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. 1.40. HEADINGS AND TERMS - The headings to the various paragraphs of this Contract have been inserted for convenient reference only and shall not in any manner be construed as modifying, amending or affecting in any way the expressed terms and provisions hereof 1.41. HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT (HIPPA) - Any person or entity that performs or assists the City of Miami with a function or activity involving the use or disclosure of "individually identifiable health information (IIHI) and/or Protected Health Information (PHI) shall comply with the health Insurance Portability and Accountability Act (HIPAA) of 1996 and the City of Miami Privacy Standards. HIPAA mandates for privacy, security and electronic transfer standards, which include but are not limited to: A. Use of information only for performing services required by the contract or as required by law; B. Use of appropriate safeguards to prevent non -permitted disclosures; C. Reporting to the City of Miami of any non -permitted use or disclosure; D. Assurances that any agents and subcontractors agree to the same restrictions and conditions that apply to the Bidder/Proposer and reasonable assurances that IIHI/PHI will be held confidential; E. Making Protected Health Information (PHI) available to the customer; F. Making PHI available to the customer for review and amendment; and incorporating any amendments requested by the customer; G. Making PIII available to the City of Miami for an accounting of disclosures; and H. Making internal practices, books and records related to PHI available to the City of Miami for compliance audits. PHI shall maintain its protected status regardless of the form and method of transmission (paper records, and/or electronic transfer of data). The Bidder/ Proposer must give its customers written notice of its privacy information practices including specifically, a description of the types of uses and disclosures that would be made with protected health information. 1.42 INDEMNIFICATION - Contractor shall indemnify , hold harmless and defend the City, its officials, officers, Page 15 of 42 495345,2 agents, directors, and employees, from liabilities, damages, losses, and costs, including, but not limited to reasonable attorney's fees, to the extent caused by the negligence, recklessness or intentional wrongful misconduct of Contractor and persons employed or utilized by Contractor in the performance of this Contract and will indemnify, hold harmless and defend the City, its officials, officers, agents, directors and employees against, any civil actions, statutory or similar claims, injuries or damages arising or resulting from the permitted work, even if it is alleged that the City, its officials and/or employees were negligent, These indemnifications shall survive the term of this Contract. In the event that any action or proceeding is brought against City by reason of any such claim or demand, Contractor shall, upon written notice from City, resist and defend such action or proceeding by counsel satisfactory to City. The Contractor expressly understands and agrees that any insurance protection required by this Contract or otherwise provided by Contractor shall in no way limit the responsibility to indemnify, keep and save harmless and defend the City or its officers, employees, agents and instrumentalities as herein provided. The indemnification provided above shall obligate Contractor to defend at its own expense to and through appellate, supplemental or bankruptcy proceeding, or to provide for such defense, at City's option, any and all claims of liability and all suits and actions of every name and description which may be brought against City whether performed by Contractor, or persons employed or utilized by Contractor. This indemnity will survive the cancellation or expiration of the Contract. This indemnity will be interpreted under the laws of the State of Florida, including without limitation and which conforms to the limitations of §725.06 and/or §725.08, Fla. Statues, as amended from time to time as applicable. Contractor shall require all Sub -Contractor agreements to include a provision that they will indemnify the City. The Contractor agrees and recognizes that the City shall not be held liable or responsible for any claims which may result from any actions or omissions of the Contractor in which the City participated either throughreview or concurrence of the Contractor's actions. In reviewing, approving or rejecting any submissions by the Contractor or other acts of the Contractor, the City in no way assumes or shares any responsibility or liability of the Contractor or Sub -Contractor, under this Agreement. 1.43. FORMATION AND DESCRIPTIVE LITERATURE —Bidders/Proposer must furnish all information requested in the spaces provided in the Formal Solicitation. Further, as may be specified elsewhere, each Bidder/Proposer must submit for evaluation, cuts, sketches, descriptive literature, technical specifications, and Material Safety Data Sheets (MSDS)as required, covering the products offered. Reference to literature submitted with a previous response or on file with the Buyer will not satisfy this provision. 1.44. INSPECTIONS - The City may, at reasonable times during the term hereof, inspect Contractor's facilities and perform such tests, as the City deems reasonably necessary, to determine whether the goods and/or services required to be provided by the Contractor under this Contract conform to the terms and conditions of the Formal Solicitation. Contractor shall make available to the City all reasonable facilities and assistance to facilitate the performance of tests or inspections by City representatives. All tests and inspections shall be subject to, and made in accordance with, the provisions of the City of Miami Ordinance No. 12271 (Section 18-79), as same may be amended or supplemented from time to time. 1.45. INSPECTION OF RESPONSE - Responses received by the City pursuant to a Formal Solicitation will not be made available until such time as the City provides notice of a decision or intended decision or. within 30 days after bid closing, whichever is earlier. Bid/Proposal results will be tabulated and may be furnished upon request via fax or e-mail to the Sr. Procurement Specialist issuing the Solicitation. Tabulations also are available on the City's Web Site following recommendation for award. 1.46. INSURANCE - Within ten (10) days after receipt of Notice of Award, the successful Contractor, shall furnish Evidence of Insurance to the Purchasing Department, if applicable. Submitted evidence of coverage shall demonstrate strict compliance to all requirements listed on the Special Conditions entitled "Insurance Page 16 of 42 495345,2 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 Solicitationwithin fifteen (15) calendar days after receipt Notice of Award, the contractor shall be in default of the contractual terms and conditions and shall not be awarded the contract. Under such circumstances, the Bidder/Proposer may be prohibited from submitting future responses to the City. Information regarding any insurance requirements shallbe directed to the Risk Administrator, Department of Risk Management, at 444 SW 2nd Avenue, 9th Floor, Miami, Florida 33130, 305-416-1604. The Bidder/Proposer shall be responsible for assuring that the insurance certificates required in conjunction with this Section remain in effect for the duration of the contractual period; including any and all option terms that may be granted to the Bidder/Proposer. 1.47. INVOICES - Invoices shall contain purchase order number and details of goods and/or services delivered (i,e. quantity, unit price, extended price, etc); and in compliance with Chapter 218 of the Florida Statutes (Prompt Payment Act). 1.48. LOCAL PREFERENCE A. City Code Section 18-85, states, "when a responsive, responsible non -local bidder submits the lowest bid price, and the bid submitted by one or more responsive, responsible local bidders who maintain a local office, as defined in Section 18-73, is within fifteen percent (15%) of the price submitted by the non -local bidder, then that non -local bidder and each of the aforementioned responsive, responsible local bidders shall have the opportunity to submit a best and final bid equal to or lower than the amount of the low bid previously submitted by the non -local bidder. Contract award shall be made to the lowest responsive, responsible bidder submitting the lowest best and final bid. In the case of a tie in the best and final bid between a local bidder and a non -local bidder, contract award shall be made to the local bidder." B. City Code Section 18-86, states, "the RFP, RFLI or RFQ, as applicable, may, in the exercise of the reasonable professional discretion of the City Manager, director of the using agency, and the Chief Procurement Officer, include a five (5%) percent evaluation criterion in favor of proposers who maintain a local office, as defined in Section 18-73. In such cases, this five (5%) percent evaluation criterion in favor of proposers who maintain a local office will be specifically defined in the RFP, RFLI or RFQ, as applicable; otherwise, it will not apply. 1.49. MANUFACTURER'S CERTIFICATION - The City reserves the right to request from bidders/proposers a separate Manufacturer's Certification of all statements made in the bid/proposal. Failure to provide such certification may result in the rejection of bid/proposal or termination of contract/agreement, for which the bidder/proposer must bear full liability. 1.50. MODIFICATIONS OR CHANGES IN PURCHASE ORDERS AND CONTRACTS - No contract or understanding to modify this Formal Solicitation and resultant purchase orders or contracts, if applicable, shall be binding upon the City unless made in writing by the Director of Purchasing of the City of Miami, Florida through the issuance of a change order, addendum, amendment, or supplement to the contract, purchase order or award sheet as appropriate. 1.51. NO PARTNERSHIP OR JOINT VENTURE - Nothing contained in this Contract will be deemed or construed to create a partnership or joint venture between the City of Miami and Contractor, or to create any other similar relationship between the parties. Page 17 of 42 495345,2 1.52. NONCONFORMANCE TO CONTRACT CONDITIONS - Items may be tested for compliance with specifications under the direction of the Florida Department of Agriculture and Consumer Services or by other appropriate testing Laboratories as determined by the City. The data derived from any test for compliance with specifications is public record and open to examination thereto in accordance with Chapter 119, Florida Statutes. Items delivered not conforming to specifications may be rejected and returned at Bidder's/Proposer's expense. These non -conforming items not delivered as per delivery date in the response and/or Purchase Order may result in bidder/proposer being found in default in which event any and all re -procurement costs may be charged against the defaulted contractor. Any violation of these stipulations may also result in the supplier's name being removed from the City of Miami's Supplier's list. 1.53. NONDISCRIMINATION —Bidder/Proposer agrees that it shall not discriminate as to race, sex, color, age, religion, national origin, marital status, or disability in connection with its performance under this formal solicitation. Furthermore, Bidder/Proposer agrees that no otherwise qualified individual shall solely by reason of his/her race, sex, color, age, religion, national origin, marital status or disability be excluded from the participation in, be denied benefits of, or be subjected to, discrimination under any program or activity. In connection with the conduct of its business, including performance of services and employment of personnel, Bidder/Proposer shall not discriminate against any person on the basis of race, color, religion, disability, age, sex, marital status or national origin. All persons having appropriate qualifications shall be afforded equal opportunity for employment. 1.54. NON-EXCLUSIVE CONTRACT/ PIGGYBACK PROVISION - At such times as may serve its best interest, the City of Miami reserves the right to advertise for, receive, and award additional contracts for these herein goods and/or services, and to make use of other competitively bid (governmental) contracts, agreements, or other similar sources for the purchase of these goods and/or services as may be available, It is hereby agreed and understood that this formal solicitation does not constitute the exclusive rights of the successful bidder(s)/proposer(s) to receive all orders that may be generated by the City in conjunction with this Formal Solicitation, In addition, any and all commodities, equipment, and services required by the City in conjunction with construction projects are solicited under a distinctly different solicitation process and shall not be purchased under the terms, conditions and awards rendered under this solicitation, unless such purchases are determined to be in the best interest of the City. 1.55. OCCUPATIONAL LICENSE - Any person, firm, corporation or joint venture, with a business location in the City of Miami and is submitting a Response under this Formal Solicitation shall meet the City's Occupational License Tax requirements in accordance with Chapter 31.1, Article I of the City of Miami Charter. Others with a location outside the City of Miami shall meet their local Occupational License Tax requirements. A copy of the license must be submitted with the response; however, the City may at its sole option and in its best interest allow the Bidder/Proposer to supply the license to the City during the evaluation period, but prior to award. 1.56. ONE PROPOSAL - Only one (1) Response from an individual, firm, partnership, corporation or joint venture will be considered in response to this Formal Solicitation. 1.57. OWNERSHIP OF DOCUMENTS - It is understood by and between the parties that any documents, records, files, or any other matter whatsoever which is given by the City to the successful Bidder/Proposer pursuant to this formal solicitation shall at all times remain the property of the City and shall not be used by the Bidder/Proposer for any other purposes whatsoever without the written consent of the City. 1.58. PARTIAL INVALIDITY - If any provision of this Contract or the application thereof to any person or Page 18 of 42 495345,2 circumstance shall to any extent be held invalid, then the remainder of this Contract or the application of such provision to persons or circumstances other than those as to which it is held invalid shall not be affected thereby, and each provision of this Contract shall be valid and enforced to the fullest extent permitted by law. 1.59. PERFORMANCE/PAYMENT BOND —A Contractor may be required to furnish a Performance/Payment Bond as part of the requirements of this Contract, in an amount equal to one hundred percent (100% o) of the contract price. 1.60. PREPARATION OF RESPONSES (HARDCOPY FORMAT) —Bidders/Proposers are expected to examine the specifications, required delivery, drawings, and all special and general conditions. All bid/proposed amounts, if required, shall be either typewritten or entered into the space provided with ink. Failure to do so will be at the Bidder's/Proposer's risk. A. Each Bidder/Proposer shall furnish the information required in the Formal Solicitation. The Bidder/Proposer shall sign. the Response and print in ink or type the name of the Bidder/Proposer, address, and telephone number on the face page and on each continuation sheet thereof on which he/she makes an entry, as required. B. If so required, the unit price for each unit offered shall be shown, and such price shall include packaging, handling and shipping, and F.O.B. Miami delivery inside City premises unless otherwise specified. Bidder/Proposer shall include in the response all taxes, insurance, social security, workmen's compensation, and any other benefits normally paid by the Bidder/Proposer to its employees. If applicable, a unit price shall be entered in the "Unit Price" column for each item. Based upon estimated quantity, an extended price shall be entered in the "Extended Price" column for each item offered. In case of a discrepancy between the unit price and extended price, the unit price will be presumed correct. C. The Bidder/Proposer must state a definite time, if required, in calendar days for delivery of goods and/or services. D. The Bidder/Proposer should retain a copy of all response documents for future reference. E. All responses, as described, must be fully completed and typed or printed in ink and must be signed in ink with the firm's name and by an officer or employee having authority to bind the company or firm by his/her signature. Bids/Proposals having any erasures or corrections must be initialed in ink by person signing the response or the response may be rejected. F. Responses are to remain valid for at least 180 days. Upon award of a contract, the content of the Successful Bidder's/Proposer's response maybe included as part of the contract, at the City's discretion. G. The City of Miami's Response Forms shall be used when Bidder/Proposer is submitting its response in hardcopy format. Use of any other forms will result in the rejection of the response. IF SUBMITTING HARDCOPY FORMAT, THE ORIGINAL AND THREE (3) COPIES OF THESE SETS OF FORMS, UNLESS OTHERWISE SPECIFIED, AND ANY REQUIRED ATTACHMENTS MUST BE RETURNED TO THE CITY OR YOUR. RESPONSE MAY BE DEEMED NON -RESPONSIVE. 1.61. PRICE ADJUSTMENTS — Any price decrease effectuated during the contract period either by reason of market change or on the part of the contractor to other customers shall be passed on to the City of Miami. 1.62. PRODUCT SUBSTITUTES - In the event a particular awarded and approved manufacturer's product becomes unavailable during the term of the Contract, the Contractor awarded that item may arrange with the City's authorized representative(s) to supply a substitute product at the awarded price or lower, provided that a sample is approved in advance of delivery and that the new product meets or exceeds all quality requirements. Page 19 of 42 495345,2 1.63. CONFLICT OF INTEREST, AND UNETHICAL BUSINESS PRACTICE PROHIBITIONS - Contractor represents and warrants to the City that it has not employed or retained any person or company employed by the City to solicit or secure this Contract and that it has not offered to pay, paid, or agreed to pay any person any fee, commission, percentage, brokerage fee, or gift of any kind contingent upon or in connection with, the award of this Contract. 1.64. PROMPT PAYMENT —Bidders/Proposers may offer a cash discount for prompt payment; however, discounts shall not be considered in determining the lowest net cost for response evaluation purposes. Bidders/Proposers are required to provide their prompt payment terms in the space provided on the Formal Solicitation. If no prompt payment discount is being offered, the Bidder/Proposer must enter zero (0) for the percentage discount to indicate no discount. If the Bidder/Proposer fails to enter a percentage, it is understood and agreed that the terms shall be 2% 20 days, effective after receipt of invoice or final acceptance by the City, whichever is later. When the City is entitled to a cash discount, the period of computation will commence on the date of delivery, or receipt of a correctly completed invoice, whichever is later. If an adjustment in payment is necessary due to damage, the cash discount period shall commence on the date final approval for payment is authorized. If a discount is part of the contract, but the invoice does not reflect the existence of a cash discount, the City is entitled to a cash discount with the period commencing on the date it is determined by the City that a cash discount applies. Price discounts off the original prices quoted on the Price Sheet will be accepted from successful bidders/proposers during the term of the contract. 1.65. PROPERTY Property owned by the City of Miami is the responsibility of the City of Miami. Such property furnished to a Contractor for repair, modification, study, etc., shall remain the property of the City of Miami. Damages to such property occurring while in the possession of the Contractor shall be the responsibility of the Contractor. Damages occurring to such property while in route to the City of Miami shall be the responsibility of the Contractor. In the event that such property is destroyed or declared a total loss, the Contractor shall be responsible for replacement value of the property at the current market value, less depreciation of the property, if any. 1.66. PROVISIONS BINDING - Except as otherwise expressly provided in the resulting Contract, all covenants, conditions and provisions of the resulting Contract shall be binding upon and shall inure to the benefit of the parties hereto and their respective heirs, legal representatives, successors and assigns. 1.67. PUBLIC ENTITY CRIMES - A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a response on a contract to provide any goods or services to a public entity, may not submit a response on a contract with a public entity for the construction or repair of a public building or public work, may not submit responses on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. 1.68. PUBLIC RECORDS Contractor understands that the public shall have access, at all reasonable times, to all documents and information pertaining to City contracts, subject to the provisions of Chapter 119, Florida Statutes, and City of Miami Code, Section 18, Article III, and agrees to allow access by the City and the public to all documents subject to disclosure under applicable law. Contractor shall additionally comply with the provisions of Section 119.0701, Florida Statutes, entitled "Contracts; public records". 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. Page 20 of 42 495345,2 1.69. QUALITY OF GOODS, MATERIALS, SUPPLIES, PRODUCTS, AND EQUIPMENT - All materials used in the manufacturing or construction of supplies, materials, or equipment covered by this solicitation shall be new. The items bid/proposed must be of the latest make or model, of the best quality, and of the highest grade of workmanship, unless as otherwise specified in this Solicitation. 1.70. QUALITY OF WORK/SERVICES - The work/services performed must be of the highest quality and workmanship. Materials furnished to complete the service shall be new and of the highest quality except as otherwise specified in this Solicitation. 1.71. REMEDIES PRIOR TO AWARD (Sec. 18-106) - If prior to Contract award it is determined that a formal solicitation or proposed award is in violation of law, then the solicitation or proposed award shall be cancelled by the City Commission, the City Manager or the Chief Procurement Officer, as may be applicable, or revised to comply with the law. 1.72. RESOLUTION OF CONTRACT DISPUTES (Sec. 18-105) (a) Authority to resolve Contract disputes. The City Manager, after obtaining the approval of the city attorney, shall have the authority to resolve controversies between the Contractual Party and the city which arise under, or by virtue of, a Contract between them; provided that, in cases involving an amount greater than $25,000, the City Commission must approve the City Manager's decision. Such authority extends, without limitation, to controversies based upon breach of Contract, mistake, misrepresentation or lack of complete performance, and shall be invoked by a Contractual Party by submission of a protest to the City Manager. (b) Contract dispute decisions. If a dispute is not resolved by mutual consent, the City Manager shall promptly render a written report stating the reasons for the action taken by the City Commission or the City Manager which shall be final and conclusive. A copy of the decision shall be immediately provided to the protesting party, along with a notice of such party's right to seek judicial relief, provided that the protesting party shall not be entitled to such judicial relief without first having followed the procedure set forth in this section. 1.73. RESOLUTION OF PROTESTED SOLICITATIONS AND AWARDS (Sec. 18-104) (a) Right to protest. The following procedures shall be used for resolution of protested solicitations and awards except for purchases of goods, supplies, equipment, and services, the estimated cost of which does not exceed $25,000. Protests thereon shall be governed by the Administrative Policies and Procedures of Purchasing. 1.Protest of Solicitation. i. Any prospective proposer who perceives itself aggrieved in connection with the solicitation of a Contract may protest to the Chief Procurement Officer. A written notice of intent to file a protest shall be filed with the Chief Procurement Officer within three days after the Request for Proposals, Request for Qualifications or Request for Letters of Interest is published in a newspaper of general circulation. A notice of intent to file a protest is considered filed when received by the Chief Procurement Officer; or ii. Any prospective bidder who intends to contest the Solicitation Specifications or a solicitation may protest to the Chief Procurement Officer. A written notice of intent to file a protest shall be filed with the Chief Procurement Officer within three days after the solicitation is published in a newspaper of general circulation. A notice of intent to file a protest is considered filed when received by the Chief Procurement Officer. 2. Protest of Award. i. A written notice of intent to file a protest shall be filed with the Chief Procurement Officer within two days after Page 21 of 42 495345,2 receipt by the proposer of the notice of the City Manager's recommendation for award of Contract, which will be posted on the City of Miami Purchasing Department website, in the Supplier Corner, Current Solicitations and Notice of Recommendation of Award Section. The notice of the City Manager's recommendation can be found by selecting the details of the solicitation and is listed as Recommendation of Award Posting Date and Recommendation of Award To fields. If "various" is indicated in the Recommendation of Award To field, the Bidder/Proposer must contact the buyer for that solicitation to obtain the suppliers name. It shall be the responsibility of the Bidder/Proposer to check this section of the website daily after responses are submitted to receive the notice; or ii. Any actual Responsive and Responsible Bidder whose Bid is lower than that of the recommended bidder may protest to the Chief Procurement Officer. A written notice of intent to file a protest shall be filed with the Chief Procurement Officer within two days after receipt by the bidder of the notice of the city's determination of non responsiveness or non responsibility. The receipt by bidder of such notice shall be confirmed by the city by facsimile or electronic mail or U.S. mail, 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 computed shall be included unless it is a Saturday, Sunday or legal holiday in which event the period shall run until the end of the next day which is neither a Saturday, Sunday or legal holiday. Intermediate Saturdays, Sundays and legal holidays shall be excluded in the computation of the time for filing. (b) Authority to resolve protests. The Chief Procurement Officer shall have the authority, subject to the approval of the City Manager and the city attorney, to settle and resolve any written protest. The Chief Procurement Officer shall obtain the requisite approvals and communicate said decision to the protesting party and shall submit said decision to the City Commission within 30 days after he/she receives the protest. In cases involving more than $25,000, the decision of the Chief Procurement Officer shall be submitted for approval or disapproval thereof to the City Commission after a favorable recommendation by the city attorney and the City Manager. (c) Compliance with filing requirements. Failure of a party to timely file either the notice of intent to file a protest or the written protest, together with the required Filing Fee as provided in subsection (f), with the Chief Procurement Officer within the time provided in subsection (a), above, shall constitute a forfeiture of such party's right to file a protest pursuant to this section. The protesting party shall not be entitled to seek judicial relief without 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 Page 22 of 42 495345,2 City Manager makes a written determination that the solicitation process or the Contract award must be continued without delay in order to avoid an immediate and serious danger to the public health, safety or welfare. (e) Costs. All costs accruing from a protest shall be assumed by the protestor. (f) Filing Fee. The written protest must be accompanied by a filing fee in the form of a money order or cashier's check payable to the city in an amount equal to one percent of the amount of the Bid or proposed Contract, or $5000.00, whichever is less, which filing fee shall guarantee the payment of all costs which may be adjudged against the protestor in any administrative or court proceeding. If a protest is upheld by the Chief Procurement Officer and/or the City Commission, as applicable, the filing fee shall be refunded to the protestor less any costs assessed under subsection (e) above. If the protest is denied, the filing fee shall be forfeited to the city in lieu of payment of costs for the administrative proceedings as prescribed by subsection (e) above. 1.74. SAMPLES - Samples of items, when required, must be submitted within the time specified at no expense to the City. If not destroyed by testing, bidder(s)/proposer(s) will be notified to remove samples, at their expense, within 30 days after notification. Failure to remove the samples will result in the samples becoming the property of the City. 1.75. SELLING, TRANSFERRING OR ASSIGNING RESPONSIBILITIES - Contractor shall not sell, assign, transfer or subcontract at any time during the term of the Contract, or any part of its operations, or assign any portion of the performance required by this contract, except under and by virtue of written permission granted by the City through the proper officials, which may be withheld or conditioned, in the City's sole discretion. 1.76. SERVICE AND WARRANTY —When specified, the bidder/proposer shall define all warranty, service and replacements that will be provided. Bidders/Proposer must explain on the Response to what extent warranty and service facilities are available. A copy of the manufacturer's warranty, if applicable, should be submitted with your response. 1.77. SILENCE OF SPECIFICATIONS - The apparent silence of these specifications and any supplemental specification as to any detail or the omission from it of detailed description concerning any point shall be regarded as meaning that only the best commercial practices are to prevail and that only materials of first quality and correct type, size and design are to be used. All workmanship and services is to be first quality. All interpretations of these specifications shall be made upon the basis of this statement. If your firm has a current contract with the State of Florida, Department of General Services, to supply the items on this solicitation, the bidder/proposer shall quote not more than the contract price; failure to comply with this request will result in disqualification of bid/proposal. 1.78. SUBMISSION AND RECEIPT OF RESPONSES - Responses shall be submitted electronically via the Oracle System or responses may be submitted in hardcopy format to the City Clerk, City Hall, 3500 Pan American Drive, Miami, Florida 33133-5504, at or before, the specified closing date and time as designated in the IFB, RFP, RFQ, or RFLI. NO EXCEPTIONS. Bidders/Proposers are welcome to attend the solicitation closing; however, no award will be made at that time. A. Hardcopy responses shall be enclosed in a sealed envelope, box package. The face of the envelope, box or package must show the hour and date specified for receipt of responses, the solicitation number and title, and the name and return address of the Bidder/Proposer. Hardcopy responses not submitted on the requisite Response Forms may be rejected. Hardcopy responses received at any other location than the specified shall be deemed non -responsive. Page 23 of 42 495345,2 Directions to City Hall: FROM 'THE NORTH: I-95 SOUTH UNTIL IT TURNS INTO US1. US1 SOUTH TO 27TH AVE., TURN LEFT, PROCEED SOUTH TO SO. BAYSHORE DR. (3RD TRAFFIC LIGHT), TURN LEFT, 1 BLOCK TURN RIGHT ON PAN AMERICAN DR. CITY HALL IS AT THE END OF PAN AMERICAN DR. PARKING IS ON RIGHT. FROM THE SOUTH: US1 NORTH TO 27TH AVENUE, TURN RIGHT, PROCEED SOUTH TO SO. BAYSHORE DR. (3RD TRAFFIC LIGHT), TURN LEFT, 1 BLOCK TURN RIGHT ON PAN AMERICAN DR. CITY HALL IS AT THE END OF PAN AMERICAN DR. PARKING IS ON RIGHT. B. Facsimile responses will not be considered. C. Failure to follow these procedures is cause for rejection of bid/proposal. D. The responsibility for obtaining and submitting a response on or before the close date is solely and strictly the responsibility of Bidder/Proposer. The City of Miami is not responsible for delays caused by the United States mail delivery or caused by any other occurrence. Responses received after the solicitation closing date and time will be returned unopened, and will not be considered for award. E. Late responses will be rejected. F. All responses are subject to the conditions specified herein. Those which do not comply with these conditions are subject to rejection. G. Modification of responses already submitted will be considered only if received at the City before the time and date set for closing of solicitation responses. All modifications must be submitted via the Oracle System or in writing. Once a solicitation closes (closed date and/or time expires), the City will not consider any subsequent submission which alters the responses. H. If hardcopy responses are submitted at the same time for different solicitations, each response must be placed in a separate envelope, box, or package and each envelope, box or package must contain the information previously stated in 1.82.A. 1.79. TAXES - The City of Miami is exempt from any taxes imposed by the State and/or Federal Government. Exemption certificates will be provided upon request. Notwithstanding, Bidders/Proposers should be aware of the fact that all materials and supplies which are purchased by the Bidder/Proposer for the completion of the contract is subject to the Florida State Sales Tax in accordance with Section 212.08, Florida Statutes, as amended and all amendments thereto and shall be paid solely by the Bidder/Proposer. 1.80. TERMINATION —The City Manager on behalf of the City of Miami reserves the right to terminate this contract by written notice to the contractor effective the date specified in the notice should any of the following apply: A. The contractor is determined by the City to be in breach of any of the terms and conditions of the contract. B. The City has deteuutined that such termination will be in the best interest of the City to terminate the contract for its own convenience; C. Funds are not available to cover the cost of the goods and/or services. The City's obligation is contingent upon the availability of appropriate funds. 1.81. TERMS OF PAYMENT - Payment will be made by the City after the goods and/or services awarded to a Bidder/Proposer have been received, inspected, and found to comply with award specifications, free of damage or Page 24 of 42 495345,2 defect, and properly invoiced. No advance payments of any kind will be made by the City of Miami. Payment shall be made after delivery, within 45 days of receipt of an invoice and authorized inspection and acceptance of the goods/services and pursuant to Section 218.74, Florida Statutes and other applicable law. 1.82. TIMELY DELIVERY- Time will be of the essence for any orders placed as a result of this solicitation. The City 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. 1.83. TITLE - Title to the goods or equipment shall not pass to the City until after the City has accepted the goods/equipment or used the goods, whichever comes first. 1.84.TRADE SECRETS EXECUTION TO PUBLIC RECORDS DISCLOSURE- All Responses submitted to the City are subject to public disclosure pursuant to Chapter 119, Florida Statutes. An exception may be made for "trade secrets." If the Response contains information that constitutes a "trade secret", all material that qualifies for exemption from Chapter 119 must be submitted in a separate envelope, clearly identified as "TRADE SECRETS EXCEPTION," with your firm's name and the Solicitation number and title marked on the outside. Please be aware that the designation of an item as a trade secret by you may be challenged in court by any person. By your designation of material in your Response as a "trade secret" you agree to indemnify and hold harmless the City for any award to a plaintiff for damages, costs or attorney's fees and for costs and attorney's fees incurred by the City by reason of any legal action challenging your claim. 1.85. UNAUTHORIZED WORK OR DELIVERY OF GOODS- Neither the qualified Bidder(s)/Proposer(s) nor any of his/her employees shall perfoiiii any work or deliver any goods unless a change order or purchase order is issued and received by the Contractor. The qualified Bidder(s)/Proposer(s) shall not be paid for any work performed or goods delivered outside the scope of the contract or any work performed by an employee not otherwise previously authorized. 1.86. USE OF NAME - The City is not engaged in research for advertising, sales promotion, or other publicity purposes. No advertising, sales promotion or other publicity materials containing information obtained from this Solicitation are to be mentioned, or imply the name of the City, without prior express written permission of the City Manager or the City Commission, 1.87. VARIATIONS OF SPECIFICATIONS - For purposes of solicitation evaluation, bidders/proposers must indicate any variances from the solicitation specifications and/or conditions, no matter how slight. If variations are not stated on their Response, it will be assumed that the product fully complies with the City's specifications. Page 25 of 42 495345,2 2. Special Conditions 2.1. PURPOSE The purpose of this Solicitation is to establish a contract, for the provision of an Employee Benefit Dental Plan, as specified herein, from a source(s) of supply that will give prompt and efficient service fully compliant with the terms, conditions and stipulations of the solicitation. 2.2. DEADLINE FOR RECEIPT OF REQUEST FOR ADDITIONAL INFORMATION/CLARIFICATION Any questions or clarifications concerning this solicitation shall be submitted by email or facsimile to the Purchasing Department, Attn: Yadissa Calderon; fax: (305) 400-5369 or email: ycalderon@ci.miami.fl.us. The solicitation title and number shall be referenced on all correspondence. All questions must be received no later than Friday, June 26, 2015 at 5:00 PM. All responses to questions will be sent to all prospective bidders/proposers in the form on an addendum. NO QUESTIONS WILL BE RECEIVED VERBALLY OR AFTER SAID DEADLINE. 2.3. TERM OF CONTRACT The proposer(s) qualified to provide the service(s) requested herein (the "Successful Proposer(s)") shall be required to execute a contract ("Contract") with the City, which shall include, but not be limited to, the following terms: (1) The term of the Contract(s) shall be for two (2) years with an option to renew for three (3) additional one (1) year periods. (2) The City shall have the option to extend or terminate the Contract. Continuation of the contract beyond the initial period is a City prerogative; not a right of the Proposer. This prerogative will be exercised only when such continuation is clearly in the best interest of the City. 2.4. CONDITIONS FOR RENEWAL Each renewal of this contract is subject to the following: (1) continued satisfactory performance compliance with the specifications, terms and conditions established herein and (2) Availability of fiends. In the event the successful Proposer is unable to extend the contract for any subsequent period, advance written notice and explanation shall be submitted to the Chief Procurement Officer no later than ninety (90) days prior to the expiration date of the contract period in effect at such time and shall be subject to the City's acceptance. Failure to comply with these requirements may render the Contract in default of this contract. 2.5. NON -APPROPRIATION OF FUNDS In the event no funds or insufficient funds are appropriated and budgeted or are otherwise unavailable in any fiscal period for payments due under this contract, then the City, upon written notice to the Proposer or assignee of such occurrence, shall have the unqualified right to terminate the contract without any penalty or expense to the City. No Page 26 of 42 495345,2 guarantee, warranty or representation is made that any particular or any project(s) will be awarded to any firm(s). 2.6. MINIMUM QUALIFICATION REQUIREMENTS The City is seeking a single administrator for both its Dental DPPO and DHMO plans. However, a proposal may be submitted for either plan. For a Proposer to be deemed responsive, the following minimum qualification requirements listed below shall be satisfied. In determining said responsiveness, each such minimum qualification requirement shall be addressed in detail in the proposal submittal. Failure to meet each of the below minimum qualification requirements and/or failure to provide sufficient detailed documentation concerning the same, shall result in the Proposal being deemed non -responsive. Proposer shall: A. Be licensed by the State of Florida, Office of Insurance Regulations to provide the plan services throughout the term of the contract; B. Have demonstrated level of good performance with public entities of equivalent size, including municipalities, for a minimum of three (3) years; C. Have an organization that has demonstrated the ability to deliver cost-effective service, and efficient loss control and claims processing; D. Have sufficient telephone service, including toll -free and local service 8:00 AM-5:00 PM (Eastern time), to handle inquiries directly from plan participants as well as authorized City representatives; E. Confirm that: No commission shall be included in the proposed rates; F. Assume current policy benefit structure and provide a "no loss/no gain" assumption of risk and credit for all annual deductibles; G. Comply with all federal legislation including but not limited to HIPAA (Health Insurance Portability and Accountability Act of 1996) and COBRA (Consolidated Omnibus Budget Reconciliation Act); H. Agree to allow the City or its representative the right to audit all claims, financial data, and other information relevant to the City's account at no cost to the City; I. Waive the pre-existing condition limitations and the actively at work provision for the initial enrollment for those employees who have already satisfied the waiting period for pre-existing conditions under the current plan; J. Have bilingual capabilities in the customer service and enrollment assistance areas as well as in communications materials. English and Spanish are mandatory. Creole is also preferred; K. Have no record of judgments or pending lawsuits against the City and/or bankruptcy, and not have any conflicts of interest that have not been waived by the City Commission; L. Have neither Proposer nor any member, officer, or stockholder of Proposer be in arrears or in default of any debt or contract involving the City, (as a party to a contract, or otherwise); nor have failed to perform faithfully on any previous contract with the City; M. Not increase Proposer's nationwide current book of business by more than 25% by the City account; N. Possess at least five (5) years of experience administering claims and providing similar services to those listed in the Scope of Work/Specifications for groups of 3,300 and greater; O. Provide Claims VS Premium reporting regardless of the number of employees that enroll in the DPPO portion of the Dental benefits (this will not apply to the DHMO portion of benefits); P. Provide quarterly utilization reporting for both DPPO and DHMO, regardless of the number of employees enrolled in each perspective; Page 27 of 42 495345,2 2.7. CONTRACT EXECUTION The 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 Professional Services Agreement ("Agreement") with the successful Proposer(s) in substantially the same form as the Agreement included as part of this solicitation (refer to Attachment B). 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. 2.8. FAILURE TO PERFORM Should it not be possible to reach the contractor or supervisor and/or should remedial action not be taken within 48 hours of any failure to perform according to specifications, the City reserves the right to declare Contractor in default of the contract or make appropriate reductions in the contract payment. 2.9. INSURANCE REQUIREMENTS INDEMNIFICATION Successful Proposer shall pay on behalf of, indemnify and save City and its officials harmless, from and against any and all claims, liabilities, losses, and causes of action, which may arise out of Proposer's performance under the provisions of the contract, including all acts or omissions to act on the part of Proposer, including any person performing under this Contract for or on Proposer'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 Proposer shall furnish to City of Miami, c/o Procurement Department, 444 SW 2nd Avenue, 6th Floor, Miami, Florida 33130, Certificate(s) of Insurance which indicate that insurance coverage has been obtained which meets the requirements as outlined below: 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 Page 28 of 42 B. Endorsements Required City of Miami listed as an additional insured Contingent and Contractual Liability-CGL FORM Premises and Operations Liability- CGL FORM Primary Insurance Clause II. Business Automobile Liability A. Limits of Liability Bodily Injury and Property Damage Liability Combined Single Limit Any Auto Including Hired, Borrowed or Non -Owned Autos Any One Accident $ 1,000,000 B. Endorsements Required City of Miami listed as an additional insured III. Worker's Compensation Limits of Liability Statutory -State Florida Waiver of Subrogation Employer's Liability A. Limits of Liability $500,000 for bodily injury caused by an accident, each accident $500,000 for bodily injury caused by disease, each employee $500,000 for bodily injury caused by disease, policy limit IV. Professional Liability/Errors and Omissions Coverage Combined Single Limit Each Claim $ 2,000,000 General Aggregate Limit $ 2,000,000 Retro date included V. Umbrella/Excess Liability A. Limits of Liability 495345,2 Page 29 of 42 495345,2 Each Occurrence $1,000,000 Policy Aggregate $1,000,000 City of Miami listed as an additional insured Excess Form over all applicable liability policies herein contained The above policies shall provide the City of Miami with written notice of cancellation or material change from the insurer not less than (30) days prior to any such cancellation or material change. Companies authorized to do business in the State of Florida, with the following qualifications, shall issue all insurance policies required above: The company must be rated no less than "A-" as to management, and no less than "Class V" as to Financial Strength, by the latest edition of Best's Insurance Guide, published by A.M. Best Company, Oldwick, New Jersey, or its equivalent. All policies and /or certificates of insurance are subject to review and verification by Risk Management prior to insurance approval. The insurance coverage required shall include those classifications, as listed in standard liability insurance manuals, which most nearly reflect the operations of the Proposer. NOTE: CITY BID NUMBER AND/OR TITLE OF BID MUST APPEAR ON EACH CERTIFICATE. Compliance with the foregoing requirements shall not relieve the Proposer of 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 Proposer shall be responsible for submitting new or renewed insurance certificates to the City at a minimum of ten (10) calendar days in advance of such expiration. --In the event that expired certificates are not replaced with new or renewed certificates which cover the contractual period, the City shall: (4) Suspend the contract until such time as the new or renewed certificates are received by the City in the manner prescribed in the Request for Proposal. (5) The City may, at its sole discretion, terminate this contract for cause and seek re -procurement damages from the Proposer in conjunction with the General and Special Terms and Conditions of the solicitation. The Proposer shall be responsible for assuring that the insurance certificates required in conjunction with this Section remain in force for the duration of the contractual period; including any and all option terms that may be granted to the Proposer. Page 30 of 42 495345,2 2.10. PRE -PROPOSAL CONFERENCE Potential Proposers are urged to attend the Voluntary Pre -Proposal Conference, which will occur on Tuesday, June 23, 2015 at 1.0:00 AM, at Miami Riverside Center (MRC), 444 SW 2 Avenue, loth FL, Miami, FL 33130. A discussion of the requirements of the solicitation will occur at that time. Each potential Proposer is required, prior to submitting a Proposal, to acquaint themself thoroughly with any and all conditions and/or requirements that may in any manner affect the work to be performed. No allowances will be made because of lack of knowledge of these conditions. The purpose of the pre -proposal conference is to allow potential Proposers an opportunity to present questions to staff and obtain clarification of the requirements of the solicitation documents. Because the City considers the conference to be critical to understanding the solicitation requirements, attendance is Recommended. 2.11. CONTRACT ADMINISTRATOR Upon award, contractor shall report and work directly with Ann -Marie Sharpe, Director of Risk Management, who shall be designated as the Contract Administrator. 2.12. SUBCONTRACTOR(S) OR SUBCONSULTANT(S) A Sub -Consultant, herein known as Sub-Contractor(s) is an individual or firm contracted by the Proposer or Proposer's firm to assist in the performance of services required under this Solicitation. A Sub -Contractor shall be paid through Proposer or Proposer's firm and not paid directly by the City. Sub -Contractors are allowed by the City in the performance of the services delineated within this Solicitation. Proposer must clearly reflect in its Proposal the major Sub -Contractors to be utilized in the performance of required services. The City retains the right to accept or reject any Sub -Contractors proposed in the response of Successful Proposer or prior to contract execution. Any and all liabilities regarding the use of a Sub -Contractor shall be borne solely by the Successful Proposer and insurance for each Sub -Contractors must be maintained in good standing and approved by the City throughout the duration of the Contract. Neither Successful Proposer nor any of its Sub -Contractors are considered to be employees or agents of the City. Failure to list all Sub -Contractors and provide the required information may disqualify any proposed Sub -Contractors from performing work under this Solicitation. Proposers shall include in their Responses the requested Sub -Contractor information and include all relevant informationrequired 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 Page 31 of 42 495345,2 If the successful Proposer(s) 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 successful Proposer(s) 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 successful Proposer(s) was not in default or (2) the successful Proposer(s) failure to perform is without his or his subcontractor's control, fault or negligence, the termination will be deemed to be a termination for the convenience of the City of Miami. B. FOR CONVENIENCE The City Manager may terminate this Contract, in whole or in part, upon 30 days prior written notice when it is in the best interests of the City of Miami. If this Contract is for supplies, products, equipment, or software, and so terminated for the convenience by the City of Miami the successful Proposer(s) will be compensated in accordance with an agreed upon adjustment of cost. To the extent that this Contract is for services and so terminated, the City of Miami shall be liable only for payment in accordance with the payment provisions of the Contract for those services rendered prior to termination. 2.14. ADDITIONAL TERMS AND CONDITIONS No additional terms and conditions included as part of your solicitation response shall be evaluated or considered, and any and all such additional terms and conditions shall have no force or effect and are inapplicable to this solicitation. If submitted either purposely, through intent or design, or inadvertently, appearing separately in transmittal letters, specifications, literature, price lists or warranties, it is understood and agreed that the General Conditions and Special Conditions in this solicitation are the only conditions applicable to this solicitation and that the Proposer's authorized signature affixed to the Proposer's acknowledgment form attests to this. If a Professional Services Agreement (PSA) or other Agreement is provided by the City and is expressly included as part of this solicitation, no additional terms or conditions which materially or substantially vary, modify or alter the terms or conditions of the PSA or Agreement, in the sole opinion and reasonable discretion of the City will be considered. Any and all such additional terms and conditions shall have no force or effect and are inapplicable to this PSA or Agreement. 2.15. CHANGES/ALTERATIONS Proposer may change or withdraw a Proposal at any time prior to Proposal submission deadline; however, no oral modifications will be allowed. Writtenmodifications shall not be allowed following the proposal deadline. 2.16. COMPENSATION PROPOSAL Each Proposer shall detail any and all fees and costs to provide the required services as listed herein. Proposer shall additionally provide a detailed list of all costs to provide all services as detailed in Section 3.1 Specifications/Scope of Work, as proposed. The City reserves the right to add or delete any service, at any time. Should the City determine to add an additional service for which pricing was not previously secured, the City shall seek the Successful Proposer to provide reasonable cost(s) for same. Should the City determine the pricing unreasonable, the City reserves the right to negotiate cost(s) or seek another vendor for the provision of said service(s). Failure to submit compensation proposal as required shall disqualify Proposer from consideration. Page 32 of 42 495345,2 2.17. EVALUATION/SELECTION PROCESS AND CONTRACT AWARD The procedure for response evaluation, selection and award is as follows: (1) Solicitation issued; (2) Receipt of responses; (3) Opening and listing of all responses received; (4) The Procurement staff will review each submission for compliance with the submission requirements of the solicitation, including verifying that each submission includes all documents required; (5) An Evaluation Committee, appointed by the City Manager, comprised of appropriate City Staff and members of the community, as deemed necessary, with the appropriate technical expertise and/or knowledge, shall meet to evaluate each response in accordance with the requirements of this solicitation and based upon the evaluation criteria as specified herein; (6) The Evaluation Committee reserves the right, in its sole discretion, to request Proposers to make oral presentations before the Committee as part of the evaluation process. The presentation may be scheduled at the convenience of the Evaluation Committee and shall be recorded; (7) The Evaluation Committee reserves the right to rank the proposals and shall submit its recommendation to the City Manager for acceptance. If the City Manager accepts the Committee's recommendation, the City Manager's recommendation for award of contract will be posted on the City of Miami Procurement 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 Proposer must contact the buyer for that solicitation to obtain the suppliers names. The City Manager shall make his recommendation to the City Commission requesting the authorization to negotiate and/or execute an agreement with the recommended Proposer(s). No Proposer(s) shall have any rights against the City arising from such negotiations or termination thereof; (8) The City Manager reserves the right to reject the Committee's recommendation, and instruct the Committee to re-evaluate and make another recommendation, reject all proposals, or recommend that the City Commission reject all proposals; (9) The City Manager will negotiate a final contract with the successful Proposer, which will be presented to the City Commission; (11) The City Commission may review, consider and approve the negotiated contract with the selected Proposer(s). 2.18. ADDITIONAL SERVICES Page 33 of 42 495345,2 Services not specifically identified in this request may be added to any resultant contract upon successful negotiation and mutual consent of the contracting parties. 2.19. RECORDS During the contract period, and for a least five (5) subsequent years thereafter, selected Proposer shall provide City access to all files and records maintained on the City's behalf. 2.20. AMENDMENTS TO THE CONTRACT The City Manager shall have the right and authority to amend this Contract on behalf of the City. 2.21. TRUTH IN NEGOTIATION CERTIFICATE Execution of the resulting agreement by the successful Proposer shall act as the execution of truth -in -negotiation certificate stating that wage rates and other factual unit costs supporting the compensation of the resulting Agreement are accurate, complete, and current at the time of contracting. The original contract price and any additions thereto shall be adjusted to exclude any significant sums by which City determines the contract price was increased due to inaccurate, incomplete, or non -current wage rates and other factual unit costs. All such contract adjustments shall be made within one (1) year following the end of the Agreement. Page 34 of 42 495345,2 3. Specifications 3.1. SPECIFICATIONS/SCOPE OF WORK 3.1.1. Background Information The City of Miami ("City") is seeking a dental care provider for its Employee Benefit Dental Plans. Successful Proposer shall agree to provide a $5,000.00 communications fund for the City to promote Dental Hygiene. The City currently has approximately 3,444 eligible participants (2,613 active employees and 831 retirees) for its Dental Plans. The City currently offers a fully insured dental DMO (DHMO) through Cigna DHMO. This plan has approximately 1,397 participants (1044 active employees and 353 retirees). The City also offers a fully -insured PDO (DPPO) plan through Guardian Life. This plan has approximately 1,002 participants (794 active employee and 208 retirees). The City also offers a fully -insured Executive PDO (DPPO) plan which has approximately 21 participants (class 1 in Exhibit 2). NOTE: The city will not guarantee a minimum number of participants in the Plans. Dental Plans Eligible Count Actives who are eligible (Exhibit 3 — Active Eligible Census) 2613 Retirees who are eligible 831 Total Eligible Participants 3444 Total Dental Plan Participants Counts per Plan Status DHMO DPPO Active 1,044 794 Retired 353 208 Sub -Total 1,397 1,002 The managed dental plan and the preferred dental plan for the general employees are voluntary and supported one hundred percent (100%) by employee contributions. Please refer to the attached exhibits for details on the City's current dental benefits plan(s). 3.1.2. Dental Plan(s) Solicited It is the City's intent to offer the City's employees/retirees the following options: 1. An affordable dental HMO product (DHMO). 2. An affordable dental PPO product (DPPO). The City is seeking Proposals on both a fully insured and self insured basis for the dental care coverage. Proposals shall be based upon the current dental plan designs offered, however, Page 35 of 42 495345,2 the City will consider and review alternatives. Proposals must offer a three (3) year rate guarantee, and rate caps in years four (4) and five (5). All alternate plans must clearly designate deviations from the current schedule of benefits. The City will evaluate the Proposals to access the capabilities in each of the following areas: Dental Plans 1. Financial stability and experience; 2. Network Disruption Report for both DHMO and DPPO; 3. Plan design and benefits; 4. GEO Access, reports for both, DHMO and DPPO; 5. Overall plan costs (fees, claims and/or premiums) and discount arrangements; 6. Reporting capabilities; 7. Communications and enrollment capabilities; including online tools and web capabilities; 8. Claims administration capabilities; 9. Ability to offer requested plan designs/alternatives; 10. Account management staff; 11. Banking; 12. Eligibility processing (electronic and manual submissions); and 13. Security of Data. 3.1.3. Attachments and Exhibits The managed dental plan (DHMO) and the preferred dental plan (DPPO) for all City employees are voluntary and supported one hundred percent (100%) by employee contributions. Please refer to the Header Section of this solicitation for the below listed attachments to assist in both the firm's understanding of the City's current dental benefit plan(s) and the preparation of the Firm's proposal. It is the intention of the City for all contracts to be awarded on a non -commission basis. All proposals must be submitted net of commission. Current rates are net of commission. List of Exhibits provided as information/documentation to prepare Proposal. Please be advised that all attachments containing FEIN Numbers and/or social security numbers have been redacted to reflect the last four (4) digits for security purposes. 1. Exhibit 1 - Cigna DHMO Plan 3202272 Census (Excel); 2. Exhibit 2 - Guardian DPPO Plan 482277 Census (Excel); 3. Exhibit 3 — Active Eligible Census;. 4. Exhibit 4 - DHMO 2 year Utilization. Report 2013 and 2014 (Excel); 5. Exhibit 5 - DHMO Top Provider Listing (Excel); 6. Exhibit 6 - DHMO Summary of benefits (PDF); 7. Exhibit 7 — DHMO and DPPO Current Rates (PDF); Page 36 of 42 495345,2 8. Exhibit 8 - DPPO Summary of Benefits (PDF); 9. Exhibit 9 - DPPO Guardian Provider Usage Report (PDF); 10. Exhibit 10 - DPPO Guardian 24 Month Claims vs Premium thni 2-2015 (PDF); 11. Exhibit 11 - DPPO Top Dental Providers by Paid Amount (Excel); and 12. Attachment A — City of Miami Dental RFP 2016 Questionnaire. NOTE: (Questionnaire) must be completed and returned with Proposal. Failure to complete and return Attachment A shall result in the proposal being deemed non -responsive. Page 37 of 42 495345,2 4. Submission Requirements 4.1. SUBMISSION REQUIREMENTS Proposers shall carefully follow the format and instruction outlined below, observing format requirements where indicated. Proposals should contain the information itemized below and in the order indicated. This information should be provided for the Proposer and any Sub -Consultants to be utilized for the work contemplated by this Solicitation. Proposals submitted which do not include the following items may be deemed non -responsive and may not be considered for contract award. Proposers shall submit responses in a hardcopy format, consisting of one (1) original and six (6) copies, and in an electronic format via a CD-ROM. On-line submittals, via the Oracle System, shall not be accepted. Failure to do so may deem the Proposal non -responsive. Section 4.1. Submission Requirements supersedes Section 1.78. Submission and Receipt of Responses of this RFP document. PROPOSAL FORMAT The response to this solicitation should be presented in the following format. Failure to do so may deem your Proposal non -responsive. 1. Cover Page The Cover Page should include the Proposer's name; Contact Person for the RFP; Firm's Liaison for the Contract; Primary Office Location; Local Business Address, if applicable; Business Phone and Fax Numbers, if applicable Email addresses; Title of RFP; RFP Number; Federal Employer Identification Number. 2. Table of Contents The table of contents should outline, in sequential order, the major sections of the Proposal as listed below, including all other relevant documents requested for submission. All pages of the Proposal, including the enclosures, should be clearly and consecutively numbered and correspond to the table of contents, 3. Executive Summary: Provide an Executive Summary describing elements contained within Proposer's Proposal, including such factors as Organization, Qualifications and Capabilities; Proposed Network and Plan(s) Designs; Customer Service, Banking, Reporting Capabilities, and Benefit Administration; and Price and Cost Effectiveness. 4. Pronoser's Organization, Qualifications. Ca abilities & Financial Stability a) Provide documentation that demonstrates Proposer's ability to satisfy all of the minimum qualification requirements pursuant to Section 2.6. Proposers who do not meet the minimum qualification requirements or who fail to provide supporting documentation may be deemed non -responsive. b) Describe the Proposer's organizational history and structure; years Proposer and/or firm has been in business providing a similar service(s), and indicate whether the City has previously awarded any contracts to the Proposer/firm. Proposer should include the name of the organization, business phone/fax/email address, contact person and Federal Employee Identification Number. Page 38 of 42 495345,2 c) Provide a list of all principals, owners or directors. d) Provide a copy of the Proposer's Certificate of Authority issued by the State of Florida, Office of Insurance Regulation, for the type of plan/services provided. e) Provide (1) the number of years in existence of Proposer, both nationally and in the Florida market; (2) the current number of employees enrolled in the Proposer's plan, both nationally and in Florida, and (3) the primary markets served. Also, discuss specifically, Proposer's involvement in providing dental care benefits, particularly in the South Florida market. f) Provide the current number of employees of Proposer; Proposer employees' depth and experience, and number and job classifications of employees anticipated to be assigned to the City's account, particularly in Miami -Dade and Broward Counties, including the overall qualifications of assigned staff particularly its experience with dental benefit administration in Florida and with public entities. Include discussion of employees' diversity and ability of speaking more than one language, particularly Spanish and Creole. g) Provide a list of two (2) clients of equivalent size who, for whatever reason, discontinued to use Proposer's services within the past year's and indicate the reasons for same, including contact name and number, Proposer shall list as well as two current clients, of equivalent size, including contact name and number. The City reserves the right to contact any reference as part of the evaluation process. Also include your company's total enrollment for 2013 vs. your 2014 enrollment. h) List the subcontractors or sub consultants and include a brief history of their background and experience. i) Provide detailed responses to Attachment A, as applicable. Failure to complete. in full. Attachment and return same with Proposal shall deem any Proposal received non -responsive. j) Provide any other information which the Proposer deems relevant to its organization and/or its ability to provide. quality dental care services to the City. k) Describe Proposer's past performance and experience specifically for groups with over 3,300 employees. 1) It is the intention of the City for all contracts to be awarded on a no -commission basis. No commission shall be included in the proposed rates. 5. Proposed Network and Plan(s) Designs a) Provide detailed responses to Attachment A, as applicable. Failure to complete. in full. Attachment and return same with Proposal shall deem any Proposal received non -responsive. b) Provide any other information which the Proposer deems relevant to its organization and/or its ability to provide Page 39 of 42 495345,2 quality dental health care services to the City. 6. Customer Service, Banking. Reporting Capabilities, & Benefit Administration a) Provide detailed responses to Attachment A, as applicable. Failure to complete. in full, Attachment and return same with Proposal shall deem any Proposal received non -responsive. b) Provide any other information which the Proposer deems relevant to its organization and/or its ability to provide quality dental health care services to the City. 7. Price and Cost Effectiveness a) Provide detailed responses to Attachment A, as applicable. Failure to complete. in full, Attachment A and return same with Proposal shall result in the Proposal being deemed non -responsive. It is the intention of the City for all contracts to be awarded on a non -commission basis. Consideration will be given during evaluation of same. b) Fees shall be quoted for Plan Years 2016 and 2017. Fee listed shall be the same regardless of plan design type. • Payment to the successful Proposer shall be based on actual enrollment of employees. • Fees shall not be adjusted at any time during the Plan Year unless the City requests and agrees to contractual changes. Notes: All fees shall be guaranteed for a minimum of 24 months (the initial two (2) Plan Years). a) The City's acceptance of any exceptions taken by the Proposer. c) Rates for option to renew periods shall remain the same unless adjustments are agreed upon the City or the successful Proposer. Any requests for adjustments must be provided by the successful Proposer to the Contract Administrator by May 1st of the year prior to the start of the affected Plan Year. A justification including the successful Proposer's actuarial methodology used to determine the requested adjustment must be submitted with the request. If no request for adjustment is received by May 1st, the fees shall remain the same for the option to renew period. Any rate adjustment shall be negotiated and shall be based on any other legislative mandates and industry trend factors. d) Provide any other information which the Proposer deems relevant to its organization and/or its ability to provide quality dental health care services to the City. 8. Local Preference For Proposers seeking local preference consideration in the evaluation process, the following information must be provided with proposal, pursuant to Section 1.49 of the General Conditions: a) State the Primary Office Location of the Proposer b) Provide location from which the Proposer will be based to perform the work. 9. Performance Guarantees Performance Guarantees will be required regarding: a) Implementation; b) Time to Process; c) Processing Accuracy; d) Financial Accuracy; e) Average speed of response; and Page 40 of 42 495345,2 f) Account management. 10. List of Attachments to be completed and returned with Proposal .(Submit Questionnaires appropriate to the products you are proposing). a) Attachment A; b) Service Fee Schedules for all applicable locations; c) Copies of network directories (Dade/Broward/Monroe/Palm Beach/Ocala/Orlando/Raleigh, N.C.); d) Sample communications and ID card; e) Geo Access reports; f) Disruption reports for DHMO, DPPO or both if applicable. Disruption report must be based on current DHMO p_rovider for proposed DHMO services, and current DPPO provider for proposed DPPO service; g) Report Samples. Page 41 of 42 495345,2 5. Evaluation Criteria 5.1. EVALUATION CRITERIA The City's Selection Committee will evaluate proposals and will select the proposer which meets the best interest of the City, The City shall be the sole judge of its own best interest, the proposals, and the resulting negotiated agreement. Proposals received shall be evaluated on the criteria noted below. In performing the evaluation, only information contained within the Proposal will be considered, unless otherwise stipulated and/or other clarifying information is requested by the City. Proposals from firms that do not meet the minimum qualifications set forth will not be considered further. The proposer granted the contract will be required to maintain the minimum qualification requirements during the term of the contract and any renewals and extensions thereof. Each member of the Selection Committee shall independently review each proposal using the criteria listed below. Proposers meeting the Minimum Qualifications criteria will have their proposals evaluated and scored. The Selection Committee will rank and recommend proposer deemed to be the most highly qualified to perform the required services. The following criteria will be utilized to select the firms submitting proposals: CRITERIA PERCENTAGE Proposer's Organization, Qualifications, Capabilities and Financial Stability 15 Proposed Network and Plan(s) Designs 25 Customer Service, Banking, Reporting Capabilities, and Benefit Administration 20 Price and Cost Effectiveness 30 Local Preference, if applicable 5 Performance Guarantees 5 100 Page 42 of 42 ATTACHMENT A - WORD k ./RMAT ATTACHMENT A Questionnaire for Employee Benefit Dental Plan(s) This Questionnaire must be fully completed, in the order stipulated, and returned with Proposal. Failure to answer all questions and provide with Proposal shall deem Proposal non -responsive. Financial Stability and Experience 1. Please provide the full business name of your company, mailing and physical address, telephone and fax number, email address, and web site address. 2. Which location would. be the primary office to service the City's account and what services will be provided through this office? 3. Please list other companies with whom you have financial interest (i.e. insurance companies, PPOs,HMO, MGUs, Brokerage operations, etc.). 4. In the last five years, has your business entity ever been involved in a merger or had a change of ownership? If yes, please describe. 5. Within the last five years, has your business entity had a changeof name, and/or used a d.b.a. or is it operating under an assumed name? 6. If an insurance company, what is your current rating with A.M. Best or Standard & Poor's? 2 7. Describe any previous or pending lawsuits and/or bankruptcies in the last 7 years. 8. Have any ofthe principals in your firm or any of your employees (former or current), ever been indicted or convicted of mishandling/misappropriating any insurance company or client funds? If yes, please provide details. 9. Describe your current proceduresfor handling client or insured complaints and State Insurance Department complaints. 3 10. Has the company Third Party Administrator (TPA) or its principals ever been adjudged bankrupt? If yes, please explain. 11. Have you ever been involved in an audit by the Department of Labor (DOL)? If yes, please provide details. 12. Do you carry a TPA errors & omissions policy? • If yes, who is the carrier? • What is the expiration date of the policy? • What are the limits of coverage for the policy? • What is the deductible? • is contract a claims made policy? 13. Do you carry a comprehensive general liability policy? • If yes, who is the carrier? • What is the expiration date of the policy? • What are the limits of coverage for the policy? • What is the deductible? 14. Do you carry a fidelity bond? • If yes, who is the carrier? • What is the expiration date of the policy? • What are the limits of coverage for the policy? • What is the deductible? • What are the total annual aggregate funds handled for all clients? 5 ( 15. Have claims been made against any of the above policies in the past two (2) years? If yes, please provide details. 16. Provide a list of 5 references of clients of similar size. Please include contact name and telephone number. Adequacy of Network and Qualifications of Providers 1. Please provide the Geo Access summaries for employees who fall both within and outside the network. The City would like to use 2 providers in 15 miles as the access standard. Provide this report for General Dentists, Endodontists, Periodontists, Oral Surgeons and Orthodontists. 6 2. Complete the following tables regarding your network: Number of Providers County General Ortho Endo Oral/Max Ped Periodontics Dade Broward Monroe Palm Beach Number of Providers Accepting New Patients County General Ortho Endo Oral/Max Ped Periodontics Dade Broward Monroe Palm Beach How often are provider contracts renegotiated? 4. Do your contracts include a specific clause which limits the amount of increase? Are there automatic annual increase provisions included in any of your contracts? 7 5. Are you able to service participants/dependents out of the Miami area through your DMO network? How? 6. What is your standard process and advance notification timeframe to notify the City and its members of network changes? 7. Do you have a system for maintaining credentialing information? How often is each provider re-credentialed? 8. Please list your 2014 annual network turnover rates (percentages) for both voluntary and involuntar turnover. 8 9. Enter the percentage of providers that are reimbursed by the following methods in the table below: Method of Reimbursement % Reimbursed by Method Salary Discounted Fee for Service w/Withhold Fee for Service w/Bonus Fee Schedule Capitation Capitation w/Withhold Capitation w/Bonus Percentage Discount Other, please specify 10. Is your plan licensed by the State of Florida? 11. When physicians are eliminated from the network, what is the timeframe given to allow participants to elect a new dentist? What is done for those that require a transition of care? 12. Can employees nominate their dentist to become a part of your network? 9 13. When is an area considered a network? What is the minimum number of dentists and specialists required necessary to constitute a network? 14. If a provider leaves the network and doesn't notify the participant, who is responsible for the claim navment? 15. How will your company interact with the medical provider on claims that are both medical and dental in nature? 16. Are your network providers prohibited from balance billing the patient for any excess of contracted amount, except for deductibles and coinsurance? 10 17. Are network directories on-line? 18. Are printed directories available? At what cost? How often are they updated? 1.9. What is the network access fee? Is this included in the administrative services fee or included in claims, or in other? 20. Please explain your In -Network capabilities, is it a single network, is it layered? 11 Overall Plan Costs and Discount Arrangements 1. Is a rate/fee _uarantee included? For what time .eriod? 2. If you are proposing a self -insured plan, will you administer run -out? For how long? At what cost? 4. Confirm you will provide 120 days' notice for rate/fee changes. 12 5. Describe any programs that you have developed to address special areas of focus, in particular, detection of overcharges and overpayments. • How is criteria developed for these programs? • Are outside dentists/consultants retained to review questionable claims? 6. Please respond to the following with respect to claim overpayments: • If errors that resulted in overpayments to providers were detected in such samples, would our client be able to recover these overpayments directly from your organization? • If not, how would such overpayments be recovered? • How would you keep our client apprised of your efforts to recover overpayments? 13 7. Please complete the following Claims Administration and Member Services Chart mjnist't'atlbl an• Toll free telephone access to claim and member services Cost Containment programs, specify Claim adjudication Production and distribution of standard drafts, EOBs Network Access Multilingual language line Coordination of benefits Member satisfaction surveys Drafting of plan documents Printing /mailing of plan documents to employee homes Counseling with respect to federal and state regulatory requirements Initial system set up and administration of plan year revisions Consultation with respect to benefits and plan design Financial underwriting for both new business and ongoing revision Initial and ongoing eligibility and enrollment services Production and issuance of standard enrollment forms and ID cards to employee homes Billing/premium collection Provision of expected costs for budgeting purposes Provision of information for 5500 reporting Claim fiduciary responsibility i in><ca k Production and distribution of standard provider directories Productions of standard claim forms Production of standard employee communication materials Shipping of communication materials to employees Outgoing wire requests and bank draft handling charge Bank reconciliation charges Other banking charges, specify COBRA administration and direct billing HIPPA certification/compliance Internet services 14 8. Please complete the appropriate section below: Employee Family Fully insured X"i`etltlutns Employee Employee + Child cnhinhi Employee + Spouse Family ix1 urei Emplee rettttnis Ot Employee + Child Pi Employee + Spouse Family Employee Family Fully Insured 't eiiiit Employee Employee + Child Employee + Spouse Family 'idly. rusurrecl 1 retntttnts Ot; Employee Employee + Child Employee + Spouse Family 9. If you have proposed a self -insured plan, please indicate projected claims: an`Uptl 'rolecled Claitt►s, Plan Year 2016 -KO d on Plan Des; Plan Year 2017 DPPO DHMO Other 10. Other than those listed on the administrative services chart, are there any other fees or charges that the City would incur if the City accepted your proposal? If so, please indicate here. 15 11. Please complete the following in -network Negotiated Fees chart for the designated counties as it applies to the DMO: ADA Code Procedure Description Negotiated Fee (What Patient Pays) by County Broward Dade Palm Beach Monroe 0120 Adult Exam 1110 Adult cleaning 2150 Amalgam Restoration 7110 Simple Extraction 3310 Anterior Root Canal ADA Code Procedure Description Negotiated Fee (What Patient Pays) Broward Dade Palm Beach Monroe 2750 Porcelain/Gold Crown 5110 Complete Upper Denture 6240 Porcelain/Gold Brid&e Abutment 6750 Porcelain/Gold Bridge Pontic 12. Please attach an.y corresponding fee schedules that will apply. 13. Is more than one fee schedule utilized on a national basis? If so, please explain. 14. Are you willing to offer the executive plans as stand-alone plans? 16 Reporting Capabilities 1. Attach sample copies of your proposed reporting packages. Include proposed reports for financial, claims, utilization, billin_, accounting, banking, etc. 2. What reporting is available on-line? 3. Is on-line reporting accessible to individuals designated by the City (and approved via HIPAA)? Communications and Enrollment Capabilities 1. Describe your internet capabilities in regards to the following areas: • Customization to City of Miami plan design information • Enrollment • Forms • Change of status • Employee personal access information (claims, EOBs, dependent information, etc,) • Banking • Employer/consultant reporting • Comparative dental cost information • Other 17 2. What communication materials/assistance are included in your quoted fees/premiums (include materials, staffing and on-line capabilities)? . Can the City's logo be included on these materials? Is there an additional charge? 4. Describe your enrollment options (paper, on-line, recorded media, etc.). 5. Describe the communications that are available, and in what format for: • Enrollment • Network information • Claims information • Team Member attendance for Monthly "Go Before You Know" meetings. • Open Enrollment 18 6. Please attach samples (including ID card) Claims Administration Capabilities 1. How many months of historical claim data are stored in your claims system? 2. How far back in time can claims be processed on your system? 3. Is your system an on-line, direct access system or a plan/claims information storage and retrieval system.? Provide a flowchart or brief description of its operation. 4. How long has your claims payment system been operational'? 19 5. Can eligibility and claims transactions be accessed by the same person? 6. Describe enhancements made in the last 12 months and those planned for the next 12 months. 7. Describe the mechanics/process of screening for duplicate claims. . Can your system accept and track full eligibility data? 9. Can your system track each dependent by the dependent's name and social security number? 10. What is your process for establishing student eligibility? Incapacitated dependent status? 11. Under what conditions and by which individuals can your claims system be manually overridden? 12. How are m.anual overrides, if any, to your claims system are reviewed by claims managers? 13. What are the minimum requirements for claims history transferred to your system(s) on a new accou.n.t basis? 14. What system platforms are utilized for plan administration? Please describe. 15. Will a direct claims payment system be utilized? 16. How long has the claims payment system been in place? 17. What percentage of claims are automatically adjudicated? 18. What are the claims administration standards? 19. How are non -network and out -of -area provider claims identified and paid? 20. What are the Eastern Standard Time hours of operation for the claims unit? 21. How are claims staffing levels established? 22. Is there a dedicated claims unit for the City? 23. How many bilingual customer service staff members do you have, and what languages do they speak? How would you handle Creole speaking employees? 24. Provide a copy of all certificates, procedures and protocol for HIPAA compliance as required to date and for future scheduled compliance. 25. Do you maintain Performance Standards? If so, please describe. Ability to Administer Requested Plan Designs/Alternatives 1. Are you able to administer the dental plan designs as designated in this proposal? 2. If not, please indicate the deviations per plan. All deviations must be indicated in your response. 3. Are there any other plan designs offered by your company not requested in this RFP? 4. Regarding Disease Management, do you have the ability to cover members with Chronic Disease (Diabetes/Heart Conditions {not a chronic condition but to include Pregnancies}/etc.) Periodontic cleanings at 100% and/or provide additional cleanings to these identified members from the City? Is there an additional charge for this benefit? 5. Are there any additional services provided to assist Members with covered services if the Annual Maximum is reached within a • olic e eriod? 25 Account Management Staff 1. Complete the following chart with information on the management and service team you propose for our clients. Role Name Title Percent of Time Commitment to City of Miami Through Implementation After Implementation Account Manager Day to Day Liaison, Implementation Coordinator Customer Service Supervisor Claim Administration Supervisor Network Management Liaison. Other Include the resumes of the abovejroposed team members. 3. Is designated staff expected to maintain measurable client satisfaction standards? If so, lease describe. 26 Banking 1. What are your billing and premium payment procedures? 2. What financial reporting is included? 3. What are the fundim_ re. uirements (i.e., checks issued, checks cleared? 4. Is bank reconciliation included in our fees/.remiums? 27 5. Please give the following information for your principal banking relationship (to be used as reference): • Bank name • Address • Phone number • Contact name and title 28 Dental Management Capabilities 1. During the dentist selection/credentialing process, please confirm that the following items are checked and the frequency with which the items are checked: a. Graduation from an accredited US college of dentistry b. Valid state license c. Board certification/eligibility appropriate to practice area d. Federal and state DEA controlled substance registration andunrestricted prescribing privileges e. Malpractice coverage f. Detailed malpractice history g. Detailed history of disciplinary action or litigation h. Membership in professional organization i. Detailed history of general health j. Detailed history of chemical dependency k. Detailed history of mental health 1. Detailed history of conviction for fraud or felony 29 2. Please confirm the following: a. All participating primary dentists are personally visited by a network staff at least once annually in order to reassess the dental office environment and interview the dentist b. The network management information systems routinely collects information on the following items and this information is communicated to the participating dentists at least two times per year i. Adherence to community standards ii. Appropriate use of services iii. Billing accuracy iv. Member satisfaction surveys are routinely conducted and results are shared with the dentists at least once per year c. Indicate those utilization issues your management information system monitors to evaluate the amount and quality of dental care provided: i. Identifies statistical data on members according to employer group ii. Identifies the number of member visits by employer group iii. Maintains patient complaints 30 3. Please confirm the rate of recredentialing primary dentists. 4. Please confirm the rate of recredentialing for specialist. Other Dental Information 1. Please attach a copy of plan experience report that you feel would be of assistance to the City of Miami in evaluating your program. 2. Please attach a dental implementation schedule. . Please attach a copy of your Reasonable and Customary charges. 4. Please confirm the right of the City of Miami to audit claims at any time. 31 5. Please include a copy of a sample employer contract that includes all exclusions and limitations that the vendor expects will apply to the City of Miami. Service and Quality 1. Provide the most recent two years' patient satisfaction results for the network you are offering. 2. What member service factors make you uniquely qualified to administer the City of Miami's dental plan? 3. How is work in progress treated for a patient who elects to participate in the dental .lan? 32 4. What ha ens to work in progress when coverage is terminated? 5. Do you require pre -authorization prior to service for any dental procedures or for any treatment exceedin a s s ecif ed dollar amount? Administrative Capabilities 1. Please detail the performance guarantees included in your proposal, which include at a minimum guarantees for claim processing, member services and 'atient satisfaction. 33 2. Include a complete list of standard reports you can provide to the City of Miami to demonstrate you are meeting the administrative standards as well as your 2014 results for each: a. Accurate claims processing i. Accuracy ii. Timeliness b. Member services i. Waiting period to speak to a representative ii. Call abandonment rate Patient satisfaction c. 3. Describe our system securit .rocesses for .rotectin_ member information. 34 4. What stes do you take in the event of rovider fraud? 5. What is your process of financial recovery to the City of Miami in the event of provider or member fraud? 35