HomeMy WebLinkAboutRequest for ProposalANNIE PEREZ, CPPO DANIEL J. ALFONSO
Procurement [Director Clty Manager
ADDENDUM NO. 1
DATE: July 27, 2015
TO: ALL PROSPECTIVE PROPOSERS
SUBJECT; REQUEST FOR PROPOSAL (RFP) NO.: 499325
TITLE: Parking Surcharge Administration Consulting Services
This Addendum becomes a part of the subject solicitation.
A number of Proposers have indicated that they are unable to download the attached City of Miami Local
Office Certification that is required to be submitted with the proposal. Please see attached.
APPROVED: *cacti OdaoilOg 7/g7//5
Annie Perez, CPPO, Director of Procurement Date
AP:Io
c, Lydia Osborne, CPPO, Assistant Director of Procurement
Jose Fernandez, Director, Finance
CITY OF MIAMI LOCAL OFFICE CERTIFICATION
(City Code, Chapter 18, Article III, Section 18-73)
Solicitation Type and Number: (i.e. IFQ/IFB/RFP/RFQ/RFLI No. 123456)
Solicitation Title:
(Bidder/Proposer) hereby certifies compliance with the Local Office
requirements stated under Chapter 18/Article III, Section. 18-73, of the Code of the City of Miami, Florida, as
amended.
Local office means a business within the city which meets all of the following criteria:
(1) Has had a staffed and fixed office or distribution point, operating within a permanent structure with a
verifiable street address that is located within the corporate limits of the city, for a minimum of twelve (12)
months immediately preceding the date bids or proposals were received for the purchase or contract at issue; for
purposes of this section, "staffed" :shall mean verifiable, full-time, on -site employment at the local office for a
minimum of forty (40) hours per calendar week, whether as a duly authorized employee, officer, principal or
owner of the local business; a post office box shall not be sufficient to constitute a local office within the city;
(2) If the business is located in the permanent structure pursuant to a lease, such lease must be in writing, for a
term of no less than twelve (12) months, been in effect for no less than the twelve (12) months immediately
preceding the date bids or proposals were received, andbe available for review and approval by the chief
procurement officer or its designee; for recently -executed leases that have been in effect for any period less than
the twelve (12). months immediately preceding the date bids or proposals were received, a prior fully -executed
lease within the corporate limits of the city that documents, in writing, continuous business residence within the
corporate limits of the city for a term of no less than the twelve (12) months immediately precedingthe date bids
or proposals were received shall be acceptable to satisfy the requirements of this section, and shall be available for
review and approval by the chief procurement officer or its designee; further requiring that historical, cleared rent
checks or other rent payment documentation in writing that documents local office tenancy shall be available for
review and approval by the chief procurement officer or its designee;
(3) Has had, for a minimum of twelve (12) months immediately preceding the date bids or proposals were
received for the purchase or contract at issue, a current business tax receipt issued by both the city and Miami-
Dade County, if applicable; and
(4) Has had, for a minimum of twelve (12) months immediately preceding the date bids or proposals were
received for the purchase or contract at issue, any license or certificate of competency and certificate of use
required by either the city or Miami -Dade County that authorizes the performance of said business operations;
and
(5) Has certified in writing its compliance with the foregoing at the time of submitting its bid or proposal to be
eligible for consideration under this section; provided, however, that the burden of proof to provide all: supporting
.documentation in support of this local office certification is borne by the business applicant submitting a bid or
proposal,
1
FORM -City of Miami Local Office CertIfIcatIon
7/22/2013
PLEASE PROVIDE THE FOLLOWING INFORMATION:
Bidder/Proposer Local Office Address:
Does Bidder/Proposer conduct verifiable, full-
tiine, on -site employment at the local office
for a minimum of forty (40) hours per
calendar week?
YES
--
NO
If Bidder/Proposer's Local Office tenancy is
pursuant to a lease, has Bidder/Proposer
enclosed a copy of the lease?
YES
NO
N/A
Has Bidder/Proposer enclosed a copy of the
Business Tax Receipt (BTR) issued by the
City of Miami and Miami -Dade County?
City
of Miami:
__
YES
NO
I l
Exempt
Cite
Exemption:
Miami
-Dade County:
YES
NO:
—
Exempt
Cite
Exemption:
Has Bidder/Proposer enclosed a copy of the
license, certificate of competency and
certificate. of use that authorizes the
performance of Bidder/Proposer's business
operations?
YES
ri
NO
Bidder/Proposer's signature below certifies compliance with the Local Office requirements stated under
Chapter 18/Article III, Section 1.8-73, of the Code of the City of Miami, Florida, as amended.
Print Name (Bidder/Proposer Authorized Representative)
Signature
FORM -City of Miami Local Office Certification
7/22/2013
2
Date
STATE OF FLORIDA
COUNTY OF
Certified to and subscribed before me this day of , 20 , by
(NOTARY SEAL)
(Signature of Notary Public -State of Florida)
(Name of Notary Typed, Printed, or Stamped)
Personally Known OR Produced Identification
Type of Identification Produced
3
FORM-CILy of Miami Local Office Certification
7/22/2013
ANNIE PEREZ, CPPO DANIELJ. ALFONSO
Procurement Director City Manager
ADDENDUM NO. 2
DATE: August 4, 2015
TO: ALL PROSPECTIVE PROPOSERS
SUBJECT: REQUEST FOR PROPOSALS (RFP) NO.: 499325
TITLE: Parking Surcharge Administration Consulting Services
This Addendum becomes a part of the subject solicitation.
A, The deadline for receipt of proposals for RFP499325 has been extended to August 12, 2015, at 3:00
PM (local time), to allow for responses to questions received.
B. The following are theinquiries received and the corresponding responses:
1. Section 2,18, Compensation Proposal, states that "The selected Proposer shall submit payments
(15% of all revenues generated) to the City by the 10th business day following the end of each
month, The selected Proposer shall submit, along with the payment, a detailed monthly statement
which will include the amount of revenue collected that month, and a calculation detailing the
City's share (15% of all revenues generated) of the revenue." The description provided in Section
2.18 is inconsistent with the collection and remittances process under the current City contract for
administration of the Parking Surcharge Program. Please clarify whether the City intends to
modify the Parking Surcharge collection and remittances process pursuant to the scope of the
new RFP.
Answer: The selected Proposer will reconcile the deposits in the City's lockbox daily. Once all
deposits are received for the month, the selected Proposer will submit immediately to the City a
detailed monthly statement which will include the amount of revenue collected that month, a
calculation detailing the City's share (15% of all revenues generated) of the revenue, and parking
establishments that have not complied.
2. Proposer Information, Section 5(g), states: "Disclose any impediments to independence, as
defined by the American Institute of Certified Public Accountants of the firm and/or employee(s)
assigned to this engagement, if applicable", Pursuant to AICPA independence standards, would
independence be impaired and imputed to a Proposer, Project Manager and/or team member
assigned to the City's engagement for auditing and compliance (also known as attest services)
by a business relationship between the proposing firm's subsidiary/affiliate and a parking provider
who is subject to the City's parking surcharge?
Answer: Since the question is not clear, it is being responded to in two ways:
a) Independence would be impaired if a project manager and or team member assigned to the
City's engagement for auditing and compliance had a relationship with one of the parking
providers.
b) Independence would be impaired if a project manager and or team member assigned to the
City's engagement for parking surcharge compliance had a relationship with a parking
provider.
3. Pertaining to Section 1.20 (Cone of Silence) and Page 35, Section 4(g), the solicitation states:
"Provide a minimum of two (2) references on letterhead from former clients, for the provision of
services similar in scope as described in Section 2, within the past five (5) years. Include name
of reference, contact name, period of time, and overall work performed, Sufficient documentation
must be provided to determine level of experience. References are subject to verification by the
City as part of the evaluation process". The RFP requires that the Proposer provide references
from former clients for which the Proposer has provided similar services to those sought by the
RFP.. Please confirm that contacting City of Miami employees, officials, and/or administrators for
the particular and limited purpose of requesting a generic and general reference letter (as required
by Section 4(g) of the RFP) would not constitute a violation of the RFP's Cone of Silence, and is
therefore permitted.
Answer: Requesting a generic and general reference letter from the City of Miami does not
violate the Cone of Silence imposed on this solicitation.
4. Per Section 4.1 of the Solicitation, all submittals must be hard copy and Proposer must submit
an original response along with six (6) hard copies and an electronic copy (flash drive)". Please
confirm whether binders are an acceptable hardcopy submission method.
Answer: Yes.
All other information remains the same.
APPROVED:
AnnieRerre, CPPO, Director of Procurement Date
AP:lo
c, Lydia Osborne, CPPO, Assistant Director of Procurement
Jose Fernandez, Director, Finance
Pablo R. Velez, Assistant City Attorney
ANNIE PEREZ, CPPO DANIEL J, A•LFONSO
Procurement Director City Manager
ADDENDUM NO. 4
DATE: August 5, 2015
TO: ALL PROSPECTIVE PROPOSERS
SUBJECT: REQUEST FOR PROPOSALS (RFP) NO.: 499325
TITLE: Parking Surcharge Administration Consulting Services
This Addendum becomes a part of the subject solicitation.
The following are the inquiries received and the corresponding responses::
1. Section 1.22(B), Conflict of Interest, states that "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." Please confirm that this provision of
the RFP does not apply to the current contractor and administrator of the Parking Surcharge
program and may therefore participate as a bidder/ proposer in the current solicitation,
Answer: This provision does not apply to the current contractor or administrator of the Parking
Surcharge Program. The incumbent is not precluded from responding to this solicitation,
All other information remains the same.
APPROVED:
RI (IN
Ann e_ erez, CPPO, Director of Procurement Date
AP:lo
c. Lydia Osborne, CPPO, Assistant Director of Procurement
Jose Fernandez, Director, Finance
Pablo R. Velez, Assistant City Attorney
City of Miami
Purchasing Department
Miami Riverside Center
444 SW 2nd Avenue, 6th Floor
Miami, Florida 33130
Web Site Address: http://ci.miami.fl.us/procurement
Number:
Title:
Issue Date/Time:
Closing Date/Time:
Pre -Bid Conference:
Pre -Bid Date/Time:
Pre -Bid Location:
Deadline for Request for Clarification:
Buyer:
Hard Copy Submittal Location:
Buyer E-Mail Address:
Buyer Facsimile:
499325,4
Request for Proposals for Parking
Surcharge Administration Consultant
Services
05-AUG-2015
12-AUG-2015 @ 15:00:00
None
July 31, 2015: 17:00:00
Osborne, Lydia
City of Miami - City Clerk
3500 Pan American Drive
Miami FL 33133 US
LOsborne@miamigov.com
305-400-5025
Page 1 of 43
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 twins and
conditions of this solicitation and certify that I am authorized to sign this submission for the submitter.
Please print the following and sign your name:
SUPPLIER NAME°
ADDRESS •
PHONE: FAX
EMAIL: BEEPER.
SIGNED BY.
TITLE: DATE.
FAILURE TO COMPLETE. SIGN, AND RETURN THIS FORM SHALL DISQUALIFY THIS BID.
Page 2 of 43
Certifications
Legal Name of Finn:
Entity Type: Partnership, Sole Proprietorship, Corporation, etc.
Year Established:
Office Location: City of Miami, Miami -Dade County, or Other
Occupational License Number:
Occupational License Issuing Agency:
Occupational License Expiration Date:
Will Subcontractor(s) be used? (Yes or No)
Please list and acknowledge all addendum/addenda received. List the addendum/Addenda number and
date of receipt (i.e. Addendum No 1, 7/10/14). If no addendum/addenda was/were issued, please insert
N/A.
If Proposer has a Local Office, as defined under Chapter 18/Article III, Section 18-73 of the City Code,
has Proposer filled out, notarized, and included with its RFP 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/Noted and Attachments Section of this
solicitation).
Has Proposer reviewed the Attached Sample Professional Services Agreement?
Does the Proposer acknowledge that the Attached Professional Services Agreement is an example of
the standard Agreement used in conjunction with the Services related to this solicitation and shall not be
amended?
Page 3 of 43
Page 4 of 43
Line: 1
Description: Fixed Fee (for the Administration of the Parking Surcharge Program, as described in
Section 2.18 of this RFP)
Category: 95872-00
Unit of Measure: Year
Unit Price: $ Number of Units: 1 Total: $
Page 5 of 43
499325,4
Table of Contents
Terms and Conditions 7
1. General Conditions 7
1.1. GENERAL TERMS AND CONDITIONS 7
2. Special Conditions 27
2.1. PURPOSE 27
2.2. DEADLINE FOR RECEIPT OF REQUEST FOR ADDITIONAL
INFORMATION/CLARIFICATION 27
2.3. TERM OF CONTRACT 27
2.4. CONDITIONS FOR RENEWAL 27
2.5. NON -APPROPRIATION OF FUNDS 27
2.6. PROPOSER'S MINIMUM QUALIFICATIONS 27
2.7. CONTRACT EXECUTION 28
2.8. FAILURE TO PERFORM 28
2.9. INSURANCE REQUIREMENTS 28
2.10. CONTRACT ADMINISTRATOR 31
2.11. SUBCONTRACTOR(S) OR SUBCONSULTANT(S) 31
2.12. PRE-BID/PRE-PROPOSAL CONFERENCE 31
2.13. TERMINATION 31
2.14, ADDITIONAL TERMS AND CONDITIONS 32
2.15. TRADE SECRETS 32
2.16. PRIMARY CLIENT (FIRST PRIORITY) 32
2.17. CHANGES/ALTERATIONS 33
2.18. COMPENSATION PROPOSAL 33
2.19. EVALUATION/SELECTION PROCESS AND CONTRACT AWARD 33
2.20. ADDITIONAL SERVICES 34
2.21. RECORDS 34
2.22. TRUTH IN NEGOTIATION CERTIFICATE 35
3. Specifications 36
3.1. SPECIFICATIONS/SCOPE OF WORK 36
4, Submission Requirements 40
4.1. SUBMISSION REQUIREMENTS 40
5. Evaluation Criteria 43
5.1. EVALUATION CRITERIA 43
Page 6 of 43
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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 with any litigation, mediation and arbitration arising out of this Contract,
each party shall bear their own attorney's fees through and including appellate litigation and any post -judgment
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
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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 thiscontractandpurchaseany 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 invoicedthere from and make its own payments, detemniine 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.
11. 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
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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
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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 andlocal 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:
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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 farther 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.
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Additionally, violations may be considered by and subject to action by the Miami -Dade County Commission on
Ethics,
1.23. COPYRIGHT OR PATENT RIGHTS — Bidders/Proposers warrant that there has been no violation of
copyright or patent rights in manufacturing, producing, or selling the goods shipped or ordered and/or services
provided as a result of this formal solicitation, and bidders/proposers agree to hold the City harmless from any and
all liability, loss, or expense occasioned by any such violation.
1.24. COST INCURRED BY BIDDER/PROPOSER - All expenses involved with the preparation and submission
of Responses to the City, or any work performed in connection therewith shall be borne by the
Bidder(s)/Proposer(s).
1.25. DEBARMENT AND SUSPENSIONS (Sec 18-107)
(a) Authority and requirement to debar and suspend. After reasonable notice to an actual or prospective Contractual
Party, and after reasonable opportunity for such party to be heard, the City Manager, after consultation with the
Chief Procurement Officer and the city attorney, shall have the authority to debar a Contractual Party, for the causes
listed below, from consideration for award of city Contracts. The debarment shall be for a period of not fewer than
three years. The City Manager shall also have the authority to suspend a Contractual Party from consideration for
award of city Contracts if there is probable cause for debarment, pending the debarment determination. The
authority to debar and suspend contractors shall be exercised in accordance with regulations which shall be issued
by the Chief Procurement Officer after approval by the City Manager, the city attorney, and the City Commission,
(b) Causes for debarment or suspension. Causes for debarment or suspension include the following:
(1) Conviction for commission of a criminal offense incident to obtaining or attempting to obtain a
public or private Contract or subcontract, or incident to the performance of such Contract or subcontract.
(2) Conviction under state or federal statutes of embezzlement, theft, forgery, bribery, falsification or
destruction of records, receiving stolen property, or any other offense indicating a lack of business
integrity or business honesty,
(3) Conviction under state or federal antitrust statutes arising out of the submission of Bids or
Proposals.
(4) Violation of Contract provisions, which is regarded by the Chief Procurement Officer to be
indicative of nonresponsibility. Such violation may include failure without good cause to perform in
accordance with the terms and conditions of 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
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responsibility of the Contractual Party performing city Contracts.
(c) Certification. All Contracts for goods and services, sales, and leases by the city shall contain a certification that
neither the Contractual Party nor any of its principal owners or personnel have been convicted of any of the
violations set forth above or debarred or suspended as set forth in paragraph (b)(5).
(d) Debarment and suspension decisions. Subject to the provisions of paragraph (a), the City Manager shall render a
written decision stating the reasons for the debarment or suspension. A copy of the decision shall be provided
promptly to the Contractual Party, along with a notice of said party's right to seek judicial relief.
1.26. DEBARRED/SUSPENDED VENDORS —An entity or affiliate who has been placed on the State of Florida
debarred or suspended vendor list may not submit a response on a contract to provide goods or services to a public
entity, may not submit a response on a contract with a public entity for the construction or repair of a public building
or public work, may not submit response on leases of real property to a public entity, may not award or perform
work as a contractor, supplier, subcontractor, or consultant under contract with any public entity, and may not
transact business with any public entity.
1.27. DEFAULT/FAILURE TO PERFORM - The City shall be the sole judge of nonperformance, which shall
include any failure on the part of the successful Bidder/Proposer to accept the award, to furnish required documents,
and/or to fulfill any portion of this contract within the time stipulated.
Upon default by the successful Bidder/Proposer to meet any terms of this agreement, the City will notify the
Bidder/Proposer of the default and will provide the contractor three (3) days (weekends and holidays excluded) to
remedy the default. Failure on the contractor's part to correct the default within the required three (3) days shall
result in the Contract being terminated and upon the City notifying in writing the contractor of its intentions and the
effective date of the termination. The following shall constitute default:
A. Failure to perfoiin 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 clue 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
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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 fornral 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
fornial 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 ;
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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 firmfor 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
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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
term of the contract. If impacted, bidder/proposer must furnish employee name(s), job title(s), job description(s),
and current pay rate(s). Failure to submit this information at the time of submitting a response constitute successful
bidder's/proposer's acknowledgement and understanding that the Florida Minimum Wage Law will not impact its
prices throughout the term of contract and waiver of any contractual price increase request(s). The City reserves the
right to request and successful bidder/proposer must provide for any and all information to make a wage and
contractual price increase(s) determination.
1.39. GOVERNING LAW AND VENUE - The validity and effect of this Contract shall be 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 PHI available to the City of Miami for an accounting of disclosures; and
H. Making internal practices, books and records related to PHI available to the City of Miami for compliance audits.
PHI shall 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,
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agents, directors, and employees, from liabilities, damages, losses, and costs, including, but not limited to reasonable
attorney's fees, to the extent caused by the negligence, recklessness or intentional wrongful misconduct of
Contractor and persons employed or utilized by Contractor in the performance of this Contract and will indemnify,
hold harmless and defend the City, its officials, officers, agents, directors and employees against, any civil actions,
statutory or similar claims, injuries or damages arising or resulting from the permitted work, even if it is alleged that
the City, its officials and/or employees were negligent. These indemnifications shall survive the term of this
Contract. In the event that any action or proceeding is brought against City by reason of any such claim or demand,
Contractor shall, upon written notice from City, resist and defend such action or proceeding by counsel satisfactory
to City. The Contractor expressly understands and agrees that any insurance protection required by this Contract or
otherwise provided by Contractor shall in no way limit the responsibility to indemnify, keep and save harmless and
defend the City or its officers, employees, agents and instrumentalities as herein provided.
The indemnification provided above shall obligate Contractor to defend at its own expense to and through appellate,
supplemental or bankruptcy proceeding, or to provide for such defense, at City's option, any and all claims of
liability and all suits and actions of every name and description which may be brought against City whether
performed by Contractor, or persons employed or utilized by Contractor.
This indemnity will survive the cancellation or expiration of the Contract. This indemnity will be interpreted under
the laws of the State of Florida, including without limitation and which conforms to the limitations of §725.06
and/or §725.08, Fla. Statues, as amended from time to time as applicable.
Contractor shall require all Sub -Contractor agreements to include a provision that they will indemnify the City.
The Contractor agrees and recognizes that the City shall not be held liable or responsible for any claims which may
result from any actions or omissions of the Contractor in which the City participated either through review or
concurrence of the Contractor's actions, In reviewing, approving or rejecting any submissions by the Contractor or
other acts of the Contractor, the City in no way assumes or shares any responsibility or liability of the Contractor or
Sub -Contractor, under this Agreement.
1.43. FORMATION AND DESCRIPTIVE LITERATURE —Bidders/Proposer must furnish all information
requested in the spaces provided in the Formal Solicitation. Further, as may be specified elsewhere, each
Bidder/Proposer must submit for evaluation, cuts, sketches, descriptive literature, technical specifications, and
Material Safety Data Sheets (MSDS)as required, covering the products offered. Reference to literature submitted
with a previous response or on file with the Buyer will not satisfy this provision.
1.44. INSPECTIONS - The City may, at reasonable times during the term hereof, inspect Contractor's facilities and
perform such tests, as the City deems reasonably necessary, to determine whether the goods and/or services
required to be provided by the Contractor under this Contract conform to the terms and conditions of the Formal
Solicitation. Contractor shall make available to the City all reasonable facilities and assistance to facilitate the
performance of tests or inspections by City representatives. All tests and inspections shall be subject to, and made in
accordance with, the provisions of the City of Miami Ordinance No. 12271 (Section 18-79), as same may be
amended or supplemented from time to time.
1.45. INSPECTION OF RESPONSE - Responses received by the City pursuant to a Formal Solicitation will not
be made available until such time as the City provides notice of a decision or intended decision or within 30 days
after bid closing, whichever is earlier. Bid/Proposal results will be tabulated and may be 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
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Requirements". The City shall be listed as an "Additional Insured."
Issuance of a Purchase Order is contingent upon the receipt of proper insurance documents. If the insurance
certificate is received within the specified time frame but not in the manner prescribed in this Solicitation the
Contractor shall be verbally notified of such deficiency and shall have an additional five (5) calendar days to submit
a corrected certificate to the City. If the Contractor fails to submit the required insurance documents in the manner
prescribed in this Solicitation within fifteen (15) calendar days after receipt Notice of Award, the contractor shall be
in default of the contractual terms and conditions and shall not be awarded the contract. Under such circumstances,
the Bidder/Proposer may be prohibited from submitting future responses to the City. Information regarding any
insurance requirements shall be directed to the Risk Administrator, Department of Risk Management, at 444 SW
2nd Avenue, 9th Floor, Miami, Florida 33130, 305-416-1604.
The Bidder/Proposer shall be responsible for assuring that the insurance certificates required in conjunction with this
Section remain in effect for the duration of the contractual period; including any and all option terms that may be
granted to the Bidder/Proposer,
1.47. INVOICES - Invoices shall contain purchase order number and details of goods and/or services delivered
(i.e. quantity, unit price, extended price, etc); and in compliance with Chapter 218 of the Florida Statutes (Prompt
Payment Act).
1.48. LOCAL PREFERENCE
A. City Code Section 18-85, states, "when a responsive, responsible non -local bidder submits the lowest bid
price, and the bid submitted by one or more responsive, responsible local bidders who maintain a local office, as
defined in Section 18-73, is within fifteen percent (15%) of the price submitted by the non -local bidder, then that
non -local bidder and eachof 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.
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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
bythe Cityin conjunction with this
successful bidder s / ro oser s to receive all orders that may be generated �
()P p �)
Formal Solicitation.
In addition, any and allcommodities, 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
Occupational License Tax requirements. A of the
location outside the Cityof Miami shall meet their local copy
ICIq
li license must be submitted with the response; however, the City may at its sole optionand 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
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circumstance shall to any extent be held invalid, then the remainder of this Contract or the application of such
provision to persons or circumstances other than those as to which it is held invalid shall not be affected thereby, and
each provision of this Contract shall be valid and enforced to the fullest extent permitted by law.
1.59. PERFORMANCE/PAYMENT BOND —A Contractor may be required to furnish a Performance/Payment
Bond as part of the requirements of this Contract, in an amount equal to one hundred percent (100%) of the contract
price.
1.60. PREPARATION OF RESPONSES (HARDCOPY FORMAT) —Bidders/Proposers are expected to
examine the specifications, required delivery, drawings, and all special and general conditions. All bid/proposed
amounts, if required, shall be either typewritten or entered into the space provided with ink. Failure to do so will be
at the Bidder's/Proposer's risk.
A. Each Bidder/Proposer shall furnish the information required in the Formal Solicitation. The Bidder/Proposer
shall sign the Response and print in ink or type the name of the Bidder/Proposer, address, and telephone number on
the face page and on each continuation sheet thereof on which he/she makes an entry, as required.
B. If so required, the unit price for each unit offered shall be shown, and such price shall include packaging,
handling and shipping, and F.O.B. Miami delivery inside City premises unless otherwise specified. Bidder/Proposer
shall include in the response all taxes, insurance, social security, workmen's compensation, and any other benefits
normally paid by the Bidder/Proposer to its employees. If applicable, a unit price shall be entered in the "Unit
Price" column for each item. Based upon estimated quantity, an extended price shall be entered in the "Extended
Price" column for each item offered. In case of a discrepancy between the unit price and extended price, the unit
price will be presumed correct.
C. The Bidder/Proposer must state a definite time, if required, in calendar days for delivery of goods and/or
services.
D. The Bidder/Proposer should retain a copy of all response documents for future reference.
E. All responses, as described, must be fully completed and typed or printed in ink and must be signed in ink with
the firm's name and by an officer or employee having authority to bind the company or firm by his/her signature.
Bids/Proposals having any erasures or corrections must be initialed in ink by person signing the response or the
response may be rejected.
F. Responses are to remain valid for at least 180 days. Upon award of a contract, the content of the Successful
Bidder's/Proposer's response may be included as part of the contract, at the City's discretion.
G. The City of Miami's Response Forms shall be used when Bidder/Proposer is submitting its response in
hardcopy format. Use of any other forms will result in the rejection of the response. IF SUBMITTING
HARDCOPY FORMAT, THE ORIGINAL AND THREE (3) COPIES OF THESE SETS OF FORMS, UNLESS
OTHERWISE SPECIFIED, AND ANY REQUIRED ATTACHMENTS MUST BE RETURNED TO THE CITY
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.
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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 onthe 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.
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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
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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 fornlula 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
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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.
(1) Filing Fee. The written protest must be accompanied by a filing fee in the form of a money order or cashier's
check payable to the city in an amount equal to one percent of the amount of the Bid or proposed Contract, or
$5000.00, whichever is less, which filing fee shall guarantee the payment of all costs which may be adjudged against
the protestor in any administrative or court proceeding. If a protest is upheld by the Chief Procurement Officer
and/or the City Commission, as applicable, the 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.
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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 determined that such termination will be in the best interest of the City to terminate the contract for
its own convenience;
C. Funds are not available to cover the cost of the goods and/or services. The City's obligation is contingent upon
the availability of appropriate funds.
1.81. TERMS OF PAYMENT - Payment will be made by the City after the goods and/or services awarded to a
Bidder/Proposer have been received, inspected, and found to comply with award specifications, free of damage or
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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 perform any work or deliver any goods unless a change order or purchase order is
issued and received by the Contractor. The qualified Bidder(s)/Proposer(s) shall not be paid for any work performed
or goods delivered outside the scope of the contract or any work performed by an employee not otherwise
previously authorized.
1.86. USE OF NAME - The City is not engaged in research for advertising, sales promotion, or other publicity
purposes. No advertising, sales promotion or other publicity materials containing information obtained from this
Solicitation are to be mentioned, or imply the name of the City, without prior express written permission of the City
Manager or the City Commission.
1.87. VARIATIONS OF SPECIFICATIONS - For purposes of solicitation evaluation, bidders/proposers must
indicate any variances from the solicitation specifications and/or conditions, no matter how slight. If variations are
not stated on their Response, it will be assumed that the product fully complies with the City's. specifications.
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2. Special Conditions
2.1. PURPOSE
The purpose of this Solicitation is to establish a contract, for the Administration of the City's Parking Surcharge
Program, 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: Lydia Osborne, PhD, CPPO, CPPB; fax: (305) 400-5025 or
email: losborne@miamigov.com. The solicitation title and number shall be referenced on all correspondence, All
questions must be received no later than July 31, 2015: 17:00:00. 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 "Selected 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.
(2) Availability of funds
2.5. NON -APPROPRIATION OF FUNDS
In the event no funds or insufficient funds are appropriated and budgeted or are otherwise unavailable in any fiscal
period for payments due under this contract, then the City, upon written notice to selected Proposer or his assignee
of such occurrence, shall have the unqualified right to terminate the contract without any penalty or expense to the
City. No guarantee, warranty or representation is made that any particular or any project(s) will be awarded to any
firm(s).
2.6. PROPOSER'S MINIMUM QUALIFICATIONS
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Proposers shall satisfy each of the following requirements cited below. Failure to do so will result in the Proposal
being deemed non -responsive.
The selected Proposer shall:
a) Provide a Project Manager and/or team member(s), assigned to the City's engagement for auditing and
compliance. The Project Manager and team members must hold a current CPA license issued by the State of
Florida, Department of Business and Professional Regulations, Board of Accountancy, as of the proposal due date.
b) Have at least five (5) years experience providing parking surcharge administration and/or parking fee collection
services, similar in scope as described in Section. 3.I, Specifications/Scope of Services, particularly for a
governmental entity, quasi -governmental entity, or not -for -profit entity of similar size.
c) Possess sufficient resources and personnel available for committing to a contract for the provision of the parking
surcharge administration services.
d) Have never filed for bankruptcy, be in sound financial condition, have no record of pending lawsuits or criminal
activities of a moral turpitude, and shall not have conflicts of interest which may be of embarrassment to the City.
2.7. CONTRACT EXECUTION
The selected Proposer(s) evaluated and ranked in accordance with the requirements of this Solicitation, shall be
awarded an opportunity to negotiate a contract ("Contract") with the City. The City reserves the right to execute or
not execute, as applicable a Contract with the selected Proposer(s) that is determined to be most advantageous and in
the City's best interest. Such Contract will be furnished by the City, will contain certain terms as are in the City's
best interest, 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 selected Proposer or Selected Proposer's 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 selected Proposer in default of the contract or make appropriate reductions in the contract payment.
2.9. INSURANCE REQUIREMENTS
INDEMNIFICATION
Selected 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 selected Proposer's performance under
the provisions of the contract, including all acts or omissions to act on the part of selected Proposer, including any
person performing under this Contract for or on selected 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.
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The selected Proposer shall furnish to City of Miami, c/o Purchasing Department, 444 SW 2nd Avenue, 6th Floor,
Miami, Florida 33130, Certificate(s) of Insurance which indicate that insurance coverage has been obtained which
meets the requirements as outlined below:
I. Commercial General Liability (Primary & Non -Contributory)
A. Limits of Liability
Bodily Injury and Property Damage Liability
Each Occurrence $1,000,000
General Aggregate Limit $ 2,000,000
Personal and Adv. Injury $ 1,000,000
Products/Completed Operations $ 1,000,000
B. Endorsements Required
City of Miami included as an additional insured
Primary and Non Contributory Endorsement
Contingent Liability/Contractual Liability (ISO FORM)
Premises and Operations (ISO FORM)
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 included as an Additional Insured
III. Worker's Compensation
Limits of Liability
Statutory -State of Florida
Waiver of Subrogation
Employer's Liability
A. Limits of Liability
$1,000,000 for bodily injury caused by an accident, each accident
$1,000,000 for bodily injury caused by disease, each employee
$1,000,000 for bodily injury caused by disease, policy limit
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IV. Professional Liability/Errors and Omissions Coverage (If Applicable)
Combined Single. Limit
Each Claim $2,000,000
General Aggregate Limit $2,000,000
Retro Date Included
V. Umbrella Liability
A. Limits of Liability
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
VI. Crime Coverage $1,000,000
Employee Dishonesty and Forgery and Alteration included
City of Miami listed as loss payee
VII. Valuable Papers & Records (If Applicable) $100,000
BINDERS ARE UNACCEPTABLE.
The insurance coverage required shall include those classifications, as listed in standard liability insurance manuals,
which most nearly reflect the operations of the bidder.
All insurance policies required above shall be issued by companies authorized to do business under the laws of the
State of Florida, with the following qualifications:
The Company must be rated no less than "A" as to management, and no less than "Class V" as to financial strength,
by the latest edition of Best's Insurance Guide, published by A.M. Best Company, Oldwick, New Jersey, or its
equivalent. All policies and/or certificates of insurance are subject to review and verification by Risk Management
prior to insurance approval.
Certificates will indicate no modification or change in insurance shall be made without thirty (30) days written
advance notice to the certificate holder.
NOTE: CITY RFP NUMBER, AND/OR TITLE OF RFP MUST APPEAR ON EACH CERTIFICATE.
Compliance with the foregoing requirements shall not relieve the selected 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 selected 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:
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(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 selected Proposer in conjunction with the General and Special Terms and Conditions of the RFP.
The selected 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 selected Proposer,
2.10. CONTRACT ADMINISTRATOR
Upon award, contractor shall report and work directly with Jose M. Fernandez, Director of Finance, who shall be
designated as the Contract Administrator.
2.11. SUBCONTRACTOR(S) OR SUBCONSULTANT(S)
A Sub -Consultant, herein known as Sub-Contractor(s) is an individual or firm contracted by the Proposer or
Proposer's firm to assist in the performance of services required under this Solicitation. A Sub -Contractor shall be
paid through Proposer or Proposer's firm and not paid directly by the City. Sub -Contractors are allowed by the City
in the performance of the services delineated within this Solicitation. Proposer must clearly reflect in its Proposal the
major Sub -Contractors to be utilized in the performance of required services. The City retains the right to accept or
reject any Sub -Contractors proposed in the response of selected Proposer or prior to contract execution. Any and all
liabilities regarding the use of a Sub -Contractor shall be borne solely by the selected 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 selected Proposer nor any of its Sub -Contractors are considered to be employees or agents of the
City. Failure to list all Sub -Contractors and provide the required information may disqualify any proposed
Sub -Contractors from performing work under this Solicitation.
Proposers shall include in their Responses the requested Sub -Contractor information and include all relevant
information required of the Proposer. In addition, within five (5) working days after the identification of the award
to the selected Proposer, the selected Proposer shall provide a list confirming the Sub -Contractors that the selected
Proposer intends to utilize in the Contract, if applicable. The list shall include, at a minimum, the name, location of
the place of business for each Sub -Contractor, the services Sub -Contractor will provide relative to any contract that
may result from this Solicitation, any applicable licenses, references, ownership, and other information required of
Proposer.
2.12. PRE-BID/PRE-PROPOSAL CONFERENCE
None
2.13. TERMINATION
A. FOR DEFAULT
If selected Proposer defaults in its performance under this Contract and does not cure the default within 30 days after
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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 selected Proposer 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
selected Proposer was not in default or (2) the selected 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 interest 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 selected Proposer 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. TRADE SECRETS
All Proposals submitted to the City are subject to public disclosure pursuant to Chapter 119, Florida Statutes. An
exception may be made for "trade secrets.
If the Proposal contains information that constitutes a "trade secret", all material that qualifies for exemption from
Chapter 119 must be submitted in a separate envelope, clearly identified as "TRADE SECRETS EXCEPTION,"
with the Proposer's firm name and the RFP number marked on the outside.
Please be aware that the designation of an item as a trade secret by the Proposer may be challenged in court by any
person. By Proposer's designation of material in the Proposal as a "trade secret", Proposer 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 Proposer's claim.
2.16. PRIMARY CLIENT (FIRST PRIORITY)
The selected proposer(s) agree upon award of this contract that the City of Miami shall be its primary client and
shall be serviced first during a schedule conflict arising between this contract and any other contract selected
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proposer(s) may have with any other cities and/or counties to perform similar services as a result of any catastrophic
events such as tornadoes, hurricanes, severe storms or any other public emergency impacting various areas during or
approximately the same time.
2.17. CHANGES/ALTERATIONS
Proposer may change or withdraw a Proposal at any time prior to Proposal submission deadline; however, no oral
modifications will be allowed. Written modifications shall not be allowed following the proposal deadline.
2.18. COMPENSATION PROPOSAL
Compensation shall be paid to the City at the rate of fifteen percent (15%) of all revenues derived from any fee,
charge, or exchange for the parking of a motor vehicle in or any parking facility in the City, for which a fee, charge
or exchange is made on an hourly, daily, weekly, monthly, yearly, event, validation programs, valet or any other
basis.
The selected Proposer shall submit payments (15% of all revenues generated) to the City by the loth business day
following the end of each month. The selected Proposer shall submit, along with the payment, a detailed monthly
statement which will include the amount of revenue collected that month, and a calculation detailing the City's share
(15% of all revenues generated) of the revenue.
The City in turn will pay the selected Proposer an annual Fixed Fee in an amount not -to -exceed $700,000.00, for the
administration of the parking surcharge program. The Proposer shall propose the Fixed Fee of no more than
$700,000.00 annually in Line Item 1, in the Header Section of the solicitation.
Notwithstanding the above, in the event that the 15% of revenues paid to the City exceed $21,000,000.00 annually,
the City shall pay the Proposer a Percentage Fee, not to exceed .001 percent (.001%) or one tenth (1/10) of one
percent (1%). Further, in the event the 15% of revenues paid to the City drop below $15,000,0000.00 annually, the
amount payable to the Proposer as an annual Fixed Fee, shall decrease by $100,000.00.
The Proposer proposed annual Fixed Fee will be considered during the evaluation and scoring process.
Notes:
a) The City reserves the right to negotiate the final compensation arrangements, including at the time of any
contract renewal or extension periods.
b) 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 selected Proposer to provide
reasonable cost(s) for same. Should the City determine the pricing unreasonable, the City reserves the right to
negotiate cost(s) or seek another vendor for the provision of said service(s).
Failure to submit compensation proposal as required shall disqualify Proposer from consideration.
2.19. EVALUATION/SELECTION PROCESS AND CONTRACT AWARD
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The procedure for response evaluation, selection and award is as follows:
(1) Solicitation issued.
(2) R.eceipt of responses
(3) Opening and listing of all responses received
(4) 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
criteriaas specified herein.
(6) The Evaluation Committee reserves the right, in its sole discretion, to request Proposers to make oral
presentations before the Committee as part of the evaluation process. The presentation may be scheduled at the
convenience of the Evaluation Committee and shall be recorded.
(7) The Evaluation Committee reserves the right to rank the Proposals and shall submit its recommendation to the
City Manager for acceptance, If the City Manager accepts the Committee's recommendation, the City Manager's
recommendation for award of contract will be posted on the City of Miami Purchasing Department website, in the
Supplier 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 name. The. City
Manager shall make his recommendation to the City Commission requesting the authorization to negotiate and/or
execute an agreement with the recommended Proposer(s). No Proposer(s) shall have any rights against the City
arising from such negotiations or termination thereof.
(8) The City Manager reserves the right to reject the Committee's recommendation, and instruct the Committee to
re-evaluate and make another recommendation, reject all proposals, or recommend that the City Commission reject
all proposals,
(9) The City Commission shall consider the City Manager's and Evaluation Committees' recommendation(s) and,
if appropriate and required, approve the City Manager's recommendation(s). The City Commission may also reject
any or all response.
(10) If the City Commission approves the recommendations, the City will enter into negotiations with the selected
Proposer(s) for a contract for the required services. Such negotiations may result in contracts, as deemed
appropriate by the City Manager.
(11) The City Commission shall review and approve the negotiated Contract with the selected Proposer(s).
2.20. ADDITIONAL SERVICES
Services not specifically identified in this request may be added to any resultant contract upon successful
negotiation and mutual consent of the contracting parties.
2.21. RECORDS
During the contract period, and for a least five (5) subsequent years thereafter, selected Proposer shall provide City
access to all files and records maintained on the City's behalf.
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2.22. TRUTH IN NEGOTIATION CERTIFICATE
Execution of the resulting agreement by the selected Proposer shall act as the execution of truth -in -negotiation
certificate stating that wage rates and other factual unit costs supporting the compensation of the resulting
Agreement are accurate, complete, and current at the time of contracting. The original contract price and any
additions thereto shall be adjusted to exclude any significant sums by which City determines the contract price was
increased due to inaccurate, incomplete, or non -current wage rates and other factual unit costs. All such contract
adjustments shall be made within one (1) year following the end of the Agreement.
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3. Specifications
3.1. SPECIFICATIONS/SCOPE OF WORK
I. OVERVIEW
The City of Miami ("City") is seeking to secure a qualified and experienced proposer for the administration of its
Parking Surcharge Program. The City has been authorized to collect a Parking Surcharge (Surcharge) since October,
2000.
The City's Parking Surcharge Ordinance (Ordinance) is imposed upon each user entering a parking transaction. The
Operator of the Parking Facility is responsible for the collection and transmittal of the Surcharge to the City's
Finance Department. The prior imposition of the Ordinance (Ordinance #11813), at the rate of twenty percent (20%)
ended September 30, 2004. Effective October 1, 2004, the Surcharge rate was reduced to fifteen percent (15%)
pursuant to Article IX of the City Code (Ordinance #12563).
Ordinance 12563 and Ordinance 13063 places a surcharge of 15% on the gross revenues derived from any fee,
charge, or exchange for the sale, lease, or rental of space at parking facilities within the City. The administration of
the City's surcharge program requires knowledge of the parking operations industry, a field that is extremely unique.
As such, the City is seeking the services of a qualified and experienced Proposer with the ability to ensure that all
revenues subject to the surcharge are collected at the appropriate rate and remitted to the City, in conformance with
the City's regulations.
Florida Statute § 166.271 provides that any municipality with a resident population in excess of 200,000 and more
than 20 percent of the real property that is exempt from ad valorem taxes, and that is located in a county with a
population of more than 500,000, may impose and collect, subject to referendum approval by voters in the
municipality, a discretionary per vehicle surcharge of up to 15 percent (15%) of the amount charged for the sale,
lease, or rental of space at parking facilities within the municipality that are open for use to the general public.
Voters in the City have approved the imposition of the surcharge. The Ordinance is intended to impose and levy a
surcharge on the sale, lease, or rental of space at parking facilities in the City at the rate of fifteen percent (15%) of
the revenues derived from any fee, charge or exchange for the parking of a motor vehicle in or on any parking
facility in the City for which a fee, charge or exchange is made on an hourly, daily, weekly, monthly, yearly, event,
validation programs, valet or any other basis.
The net proceeds of the Surcharge collected shall be deposited in the general fund subject to appropriation pursuant
to the budget and fiscal provisions of the annual budget process. Any individual, partnership, association,
corporation, or other entity which owns, controls, conducts, leases, operates, or causes to be operated a parking
facility which offers parking accommodations for a fee, charge, or exchange is responsible for paying the surcharge
in accordance with Ordinance 12563 and 13063. The intent of this is to place the burden for collection of the
Surcharge on the owner of the facility in addition to the entity that operates the facility if different from the owner.
A contract will be negotiated and executed with the selected Proposer and the City. The City contemplates a
Contract for two (2) years. The City shall have the option to extend the Contract for three (3) additional one (1) year
periods, at its sole discretion.
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II. SCOPE OF SERVICES
Upon execution of a Contract, the City will provide the successful Proposer with the database of revenue surcharge
generators. The selected Proposer shall, at a minimum, perform the following services:
a) Database development
b) Enforcement
c) Consultation
d) Communication
e) Training and
f) Compliance
Following are the tasks under each of the above services:
1. Database Development:
The selected Proposer shall:
a) Immediately commence collection and/or update existing data through the use of handheld devices, computer
matches, visual observation and any other means available to assure maximum compliance.
b) Develop and/or update a database that includes all revenue surcharge generators. Database shall also include
reference information and specific information including property location, number of spaces, types of customers,
proximity to special events, and weekend customers. Information shall contain information specific to each of the
five (5) Commission Districts established within the City.
c) Develop and implement electronic reporting and surcharge payment within the first twelve (12) months of the.
contract.
Notes:
1) The City will make available property records and business license records for its use in development of a list of
potential customers by industry (i.e., restaurant, tow truck, hospital, etc.).
2) The City will provide the selected Proposer with daily deposit information via fax, email, or any other mutually
agreed upon means.
3) The database shall be the property of the City and shall be surrendered to the City within 15 days at the end of a
contract, and in a form acceptable to the City.
2. Enforcement
The selected Proposer shall:
a) Ensure the necessary monitoring and analysis to maximize the collections of the City's parking surcharge,
including but not limited to, surveillance and audits.
b) Conduct test audits designed specifically for each category of customer.
c) Develop a strategy for maximizing compliance among special areas of concern, particularly as it relates to special
events and valet parkers. Selected Proposer shall also visit areas used for special events and valet parkers and shall
visit areas used for special events at a frequency mutually acceptable to both parties.
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d) Ensure its inventory clerks visit office buildings after the U.S. Mail forwards compliance information. Property
lease files shall be audited to determine wording regarding vehicle storage.
e) Identify valets and enter same into the database, and/or update the database, based on the City business license
records for restaurants, and based on observation of selected Proposer's inventory clerks.
3. CONSULTATION
The selected Proposer shall:
a) Make recommendations to the City regarding amendments that should be made to enabling ordinance and/or
procedures to facilitate collection.
b) Ensure the Administration program complies with all local, state, and federal collection laws.
4. COMMUNICATION
The selected Proposer shall:
a) Provide detailed, custom-made reports to the City upon demand. Such reports should include GIS mapping, if
requested; examples include the City of Miami Surcharge Collections Comparison Report by Fiscal Year, the City
of Miami Parking Surcharge Registration Report, and weekly non -compliant reports.
b) Maintain capability on a remote basis for the City to access required data via the web from the selected Proposer.
c) Design and maintain, at selected Proposer's expense, a web page that contains all relevant information regarding
the parking surcharge, including necessary forms in a downloadable format and/or instructions.
d) Ensure that the web page is developed, updated, and maintained in a current status. All web page contents must
be submitted to the City for approval prior to posting. Initial web page contents and/or web page update(s) shall be
submitted to the City for review within two (2) weeks of Contract execution.
e) Review and response (with approval and/or comments for amendment) should occur within five (5) business
days of submission. The City will ensure that the City web page links to the web page developed by the selected
Proposer.
e) Upon execution of the Contract, selected Proposer shall have established an office within the corporate limits of
the City of Miami and, within ten (10) business days of execution, the selected Proposer shall have a staffed Phone
Bank Hotline, Monday through Friday, with personnel trained and knowledgeable of all aspects of the surcharge.
The Miami Office shall have a minimum staff of five (5) permanent employees with bilingual and/or trilingual
capabilities. A phone system that responds to Frequently Asked Questions will supplement Phone Bank, providing
answers when a live professional is not present or available.
f) Develop a mailer for each category of customer (i.e., lease, valet, restaurant, vehicle storage facility). The City
and selected Proposer shall agree on the appropriate categories within thirty (30) days of execution of an agreement.
5. 'TRAINING
The selected Proposer shall:
a) Develop training programs designed specifically for each user group. Each training program shall be developed
and administered by parking professionals.
b) Implement public training programs to educate the revenue surcharge generators and encourage voluntary
compliance.
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Note: The City reserves the right to add, delete or modify the scope of services at any time during the contract
period with the Successful Proposer.
3.2 COMPLIANCE
The selected Proposer shall ensure that all compliance procedures implemented by the selected Proposer are in
conformity with accounting principles generally accepted in the United States of America.
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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.
The response to this solicitation shall be presented in the following format. Failure to do so may deem your
Proposal non -responsive.
All submittals must be hard copy and Proposer must submit an original response along with six (6) hard
copies and an electronic copy (flash drive).
PROPOSAL FORMAT
The following documentation should be included as a minimum in the Proposal and submitted to the City.
Responses to all requests for documentation requested below will be utilized to determine whether Proposer met all
minimum requirements depicted in Section 2.6 Proposer Minimum Qualifications, and if deemed responsive by the
City, will be utilized by the Evaluation Committee to evaluate and provide scoring for each Proposal.
1. Cover Page
The Cover Page should include the Proposer's name; Contact Person for the RFP; Firm's Liaison for the Contract;
entity's address, Business Phone, Fax Numbers, and Email addresses; Title of RFP; RFP Number; Federal Employer
Identification Number or Social Security Number. Include location from where work will be performed.
2. Table of Contents
The table of contents should outline, in sequential order, the major sections of the proposal as listed below,
including all other relevant documents requested for submission. All pages of the proposal, including the enclosures,
should be clearly and consecutively numbered and correspond to the table of contents.
3. Executive Summary:
A signed and dated summary of not more than two (2) pages containing Overall Qualifications and Experience, and
Overall Approach and Methodology, as contained in the submittal. Provide a summary of the work to be performed
by Proposer.
4. Proposer and Proposer's Key Personnel.'Oualifications, Experience and Past Performance
a) Describe the Proposer's organizational history and structure; years Proposer and/or firm has been in business
providing a similar service(s),
b) Provide a list of all principals, partners, officers, owners and/or directors of Proposer, including joing ventures
and/or sub-consultant(s), if applicable.
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c) Indicate whether the City has previously awarded any contracts to the Proposer. If so, discuss the nature of
contract, types of services performed, and term of contract.
d) Provide documentation that Proposer, Project Manager and/or team member(s) assigned to the City's engagement
for auditing and compliance assigned to the City's engagement is currently licensed as a Certified Public Accountant
(CPA) by the State of Florida, Department of Business & Professional Regulation and Board of Accountancy to
practice in the State of Florida, as of the proposal due date.
e) Provide specific qualifications, project experience, and credentials that demonstrate the Proposer's ability to
perform the required scope of work. Proposer must clearly describe its qualifications, experience and past
performance in the provision of similar work related to the administration and/or collection of a parking surcharge,
particularly for a governmental entity. Discuss the nature of the work performed; the nature of the administration
and collections and overall value of the contract; and how long Proposer performed the work. Include a discussion
of whether the Proposer as an entity performed the work, or an employee(s) of the Proposer performed the work for
another entity.
f) Provide a complete list of clients for which Proposer has provided a similar service(s) as required in this RFP.
This list should detail Proposer's experience, and include those governmental entities of a similar size and diverse
population to the City for whom services have been performed during at least the past five (5) years, as applicable.
Include the name, address, phone number(s) and contact persons within each organization. The City reserves the
right to contact references as part of the evaluation process.
g) Provide a minimum of two (2) references on letterhead from former clients, for the provision of services similar
in scope as described in Section 2, within the past five (5) years. Include name of reference, contact name, period of
time, and overall work performed. Sufficient documentation must be provided to determine level of experience.
References are subject to verification by the City as part of the evaluation process.
h) Identify the Proposer's Project Manager and Key Personnel to be assigned to this project.
i) Describe for each individual assigned to this engagement and the Project Manager their years of experience and.
qualifications providing services of similar scope, particularly as it relates to the administration and/or collection of
a parking surcharge, and any other relevant information, Specifically indicate what role each member would play,
and what specific work will be performed by each member of the Team. Include by Equal Employment Opportunity
(EEO) job classification, ethnicity, race/gender, and languages spoken.
j) Provide any other information or documentation related to its qualifications and experience from which the City
can benefit over the term of the contract.
k) Provide information concerning any prior or pending litigation or proceeding, either civil or criminal, involving
Proposer, its partners, managers, other key staff members, and its professional activities or performance, has been
involved which may affect the performance of the services to be rendered herein, if applicable. State the nature of
the litigation, a brief description of each case, the outcome or projected outcome, and the monetary amounts
involved. Discuss any bankruptcies involving Proposer, its partners, manager, or other key staff members, if
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applicable.
5. Overall Approach and Methodolouy
a) Provide a detailed description of the Proposer's approach and methodology to efficiently and effectively perform
the services during this engagement, particularly as it relates to each element as required in Section 2, Scope of
Services, including the development and/or update(s) of database; enforcement; consultation; communication;
training; and compliance.
b) Discuss the procedures, methods and/or activities to be utilized by the Team and/or Proposer to perform and
coordinate all of the required work.
c) Provide recent, current and projected workload of Proposer, and general workload of those key employees to be
assigned to this engagement. Discuss in general the anticipated percentage of time to be dedicated to this
engagement by each assigned staff member.
d) Describe Proposer's ability and readiness to begin providing services as required herein, assuming an October 1,
2015 start date.
e) Describe in detail how it plans to handle all compliance matters and ensure that all revenues subject to the
surcharge are collected at the appropriate rate and remitted to the City.
f) Discuss Proposer's and/or Team's overall resources, including equipment, supervision and coordinating capacity,
among others. Provide proposed location in Downtown Miami from where the services will be performed.
g) Disclose any impediments to independence, as defined by the American Institute of Certified Public Accountants
ofthe firm and/or employee(s) assigned to the engagement, if applicable.
h) Describe how Proposer has applied the proposed project approach to comparable projects.
i) Describe the Proposer's expectations for the level of participation of the City during the term of the contract.
j) Describe Proposer's assurance that the key personnel described in its proposal shall be available to perform the
services described, and that Proposer has sufficient reserve personnel to adequately perform the services in the event
of illness, accident and other unforeseeable events of a similar nature. Describe Proposer's approach to ensure the
availability of personnel at all times.
6. Compensation
a) Provide compensation proposal as an annual fixed fee of no more than $700,000.00. Refer to Section 2.18,
Compensation Proposal, for more information.
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5. Evaluation Criteria
5.1. EVALUATION CRITERIA
Each proposal will be reviewed to determine of the proposal is responsive to the submission requirements outlined
in this solicitation. A responsive proposal is one which follows the requirements of the solicitation, includes all
required documentation, is submitted in the format outlined in this solicitation, is of timely submission, and has
appropriate signatures as applicable. failure to comply with these requirements may result in the proposals being
deemed non -responsive.
Proposals will be evaluated by an Evaluation Selection Committee (Committee) which will evaluate and rank
proposals on criteria listed below. The Committee will be comprised of appropriate City personnel and members of
the community, as deemed necessary, with the appropriate experience and/or knowledge. The criteria are itemized
with their respective weights for a maximum of one hundred (100) points per Committee member. Below are the
criteria and weight:
CRITERIA AND POINTS
Proposer and Proposer's Key Personnel's Qualifications, Experience, and Past
Performance. (45 Points)
Methodology and Overall Approach to Scope of Services (35 Points)
Compensation Proposal (20 Points)
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City of Miami, Florida RFP499325
APPENDIX A
PROFESSIONAL SERVICES AGREEMENT
By and Between
The City of Miami, Florida
And
CONSULTANT
This Professional Services Agreement ("Agreement") is entered into this _ day of
2015 by and between the City of Miami, a municipal corporation of the State
of Florida, whose address is 444 S.W. 2nd Avenue, 10th Floor, Miami, Florida 33130 ("City"), and
CONSULTANT, a , qualified to do business in the State of Florida
whose principal address is hereinafter referred to
as the ("Consultant").
RECITALS:
WHEREAS, the City of Miami issued a Request for Proposals No. 499325 on
2015 (the "RFP" attached hereto, incorporated hereby, and made a part of as Exhibit A) for the
provision of Parking Surcharge Administration Consulting Services, ("Services" as more fully set
forth in the scope of work "Scope" attached hereto as Exhibit B) for the Finance Department and
Consultant's proposal ("Proposal", attached hereto, incorporated hereby, and made part of hereof
as Exhibit C), in response thereto, has been selected as the most qualified proposal for the
provision of the Services.
WHEREAS, the Evaluation/Selection Committee appointed by the City Manager
determined that the Proposal submitted by the Consultant was responsive to the RFP
requirements and recommended that the City Manager negotiate with the Consultant; and
WHEREAS, the City wishes to engage the Services of Consultant, and Consultant wishes
to perform the Services for the City; and
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WHEREAS, the City and the Consultant desire to enter into this Agreement under the
terms and conditions set forth herein.
NOW, THEREFORE, in consideration of the mutual covenants and promises herein
contained, Consultant and the City agree as follows:
TERMS:
I. RECITALS AND INCORPORATIONS; DEFINITIONS:
A. The recitals are true and correct and are hereby incorporated into and made a part
of this Agreement. The City's RFP is hereby incorporated into and made a part of this Agreement
and attached hereto as Exhibit "A". The Services and Scope of Work are hereby incorporated into
and made a part of this Agreement and attached as Exhibit "B". The Consultant's Response and
Compensation Proposal dated, , 2015, in response to RFP 499325, is hereby
incorporated into and made a part of this Agreement as attached Exhibit "C". The Consultant's
Insurance Certificate is hereby incorporated into and made a part of this Agreement as attached
Exhibit "D". The order of precedence whenever there is conflicting or inconsistent language
between documents is as follows: (1) Professional Services Agreement ("PSA") (2)
Addenda/Addendum to the RFP; (3) RFP; and (4) Consultant's response and price proposal dated
, 2015, acknowledging scope of services and pricing component of services and,
response to the Request for Proposals,.
2. TERM:
The Agreement shall become effective on the date on the first page, and shall be for five
the duration of five years: Initial term of two (2) years with three (3), one (1) year options to renew.
The City shall have the option to extend or terminate the Agreement for convenience, that is, for
any or no cause.
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3. SCOPE OF SERVICES:
A. Consultant agrees to provide the Services as specifically described, and under the
special terms and conditions set forth in Exhibits "_" and "_" hereto, which by this reference is
incorporated into and made a part of this Agreement.
B. Consultant represents to the City that: (i) it possesses all qualifications, licenses,
certificates, authorizations, and expertise required for the performance of the Services, including
but not limited to full qualification to do business in Florida; (ii) it is not delinquent in the payment
of any sums due the City, including payment of permits, fees, occupational licenses, etc., nor in
the performance of any obligations or payment of any monies to the City; (iii) all personnel
assigned to perform the Services are and shall be, at all times during the term hereof, fully
qualified and trained to perform the tasks assigned to each; (iv) the Services will be performed in
the manner described in Exhibit "A"; and (v) each person executing this Agreement on behalf of
Consultant has been duly authorized to so execute the same and fully bind Consultant as a party
to this Agreement.
C. Consultant shall at all times provide fully qualified, competent and physically
capable employees to perform the Services under this Agreement. City may require Consultant
to remove any employee the City deems careless, incompetent, insubordinate, or otherwise
objectionable and whose continued services under this Agreement is not in the best interest of
the City.
4. COMPENSATION:
A. The amount of compensation payable by the City to the Consultant shall be based
on the rates quoted in Exhibit °C" hereto, which by this reference is incorporated into and made a
part of this Agreement. The total fees under this contract, during the entire term, cannot exceed
a cumulative total of ($XX,000.00) dollars.
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B. Payment shall be made in arrears based upon work performed to the satisfaction
of the City within forty-five (45) days after receipt of Consultant's invoice for Services performed,
which shall be accompanied by sufficient supporting documentation and contain sufficient detail,
to allow a proper audit of expenditures, should the City require one to be performed. Invoices
shall be sufficiently detailed so as to comply with the "Florida Prompt Payment Act", §218.70. -
218.79, Florida Statutes, and other applicable laws. No advance payments shall be made at any
time.
C. Consultant agrees and understands that (i) any and all subcontractors providing
Services related to this Agreement shall be paid through Consultant and not paid directly by the
City, and (ii) any and all liabilities regarding payment to or use of subcontractors for any of the
Services related to this Agreement shall be borne solely by Consultant.
5. OWNERSHIP OF DOCUMENTS:
Consultant understands and agrees that any information, document, report or any other
material whatsoever which is given by the City to Consultant, its employees, or any subcontractor,
or which is otherwise obtained or prepared by Consultant solely and exclusively for the City
pursuant to or under the terms of this Agreement, is and shall at all times remain the property of
the City. Consultant agrees not to use any such information, document, report or material for any
other purpose whatsoever without the written consent of the City Manager, which may be withheld
or conditioned by the City Manager in his/her sole discretion. Consultant is permitted to make and
to maintain duplicate copies of the files, records, documents, etc. if Consultant determines copies
of such records are necessary subsequent to the termination of this Agreement; however, in no
way shall the confidentiality as permitted by applicable law be breached. The City shall maintain.
and retain ownership of any and all documents which result upon the completion of the work and
Services under this Agreement as per the terms of this Section 5.
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6. AUDIT AND INSPECTION RIGHTS AND RECORDS RETENTION:
A. Consultant agrees to provide access to the City or to any of its duly authorized
representatives, to any books, documents, papers, and records of Consultant which are directly
pertinent to this Agreement, for the purpose of audit, examination, excerpts, and transcripts. The
City may, at reasonable times, and for a period of up to three (3) years following the date of final
payment by the City to Consultant under this Agreement, audit and inspect, or cause to be audited
and inspected, those books, documents, papers, and records of Consultant which are related to
Consultant's performance under this Agreement. Consultant agrees to maintain any and all such
books, documents, papers, and records at its principal place of business for a period of three (3)
years after final payment is made under this Agreement and all other pending matters are closed.
Consultant's failure to adhere to, or refusal to comply with, this condition shall result in the
immediate cancellation of this Agreement by the City.
B. The City may, at reasonable times during the term hereof, inspect the Consultant's
facilities and perform such tests, as the City deems reasonably necessary, to determine whether
the goods or services required to be provided by Consultant under this Agreement conform to the
terms hereof. Consultant shall make available to the City all reasonable facilities and assistance
to facilitate the performance of tests or inspections by City representatives. All tests and
inspections shall be subject to, and made in accordance with, the provisions of Section 18-101
and 18-102 of the Code of the City of Miami, Florida as same may be amended or supplemented,
from time to time.
7. AWARD OF AGREEMENT:
Consultant represents and warrants to the City that it has not employed or retained any
person or company employed by the City to solicit or secure this Agreement and that it has not
offered to pay, paid, or agreed to pay any person any fee, commission, percentage, brokerage
fee, or gift of any kind contingent upon or in connection with, the award of this Agreement.
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8. PUBLIC RECORDS:
A. Consultant understands that the public shall have access, at all reasonable times,
to all documents and information pertaining to City Agreements, subject to the provisions of
Chapter 119, Florida Statutes, and agrees to allow access by the City and the public to all
documents subject to disclosure under applicable laws. Consultant's failure or refusal to comply
with the provisions of this section shall result in the immediate cancellation of this Agreement by
the City.
B. Consultant shall additionally comply with Section 119.0701, Florida Statutes,
including without limitation: (1) keep and maintain public records that ordinarily and necessarily
would be required by the City to perform this service; (2) provide the public with access to public
records on the same terms and conditions as the City would at the cost provided by Chapter 119,
Florida Statutes, or as otherwise provided by law; (3) ensure that public records that are exempt
or confidential and exempt from disclosure are not disclosed except as authorized by law; (4)
meet all requirements for retaining public records and transfer, at no cost, to the City all public
records in its possession upon termination of this Agreement and destroy any duplicate public
records that are exempt or confidential and exempt from disclosure requirements; and, (5) provide
all electronically stored public records that must be provided to the City in a format compatible
with the City's information technology systems. Notwithstanding the foregoing, Consultant shall
be permitted to retain any public records that make up part of its work product solely as required
for archival purposes, as required by law, or to evidence compliance with the terms of the
Agreement.
C. Should Consultant determine to dispute any public access provision required by
Florida Statutes, then Consultant shall do so at its own expense and at no cost to the City.
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9. COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS:
Consultant understands that agreements with local governments are subject to certain
laws and regulations, including laws pertaining to public records, conflict of interest, record
keeping, etc. City and Consultant agree to comply with and observe all such applicable federal,
state and local laws, rules, regulations, codes and ordinances, as they may be amended from
time to time.
Consultant further agrees to include in all of Consultant's agreements with subcontractors
for any Services related to this Agreement this provision requiring subcontractors to comply with
and observe all applicable federal, state, and local laws rules, regulations, codes and ordinances,
as they may be amended from time to time.
10. INDEMNIFICATION:
Consultant shall indemnify, defend and hold harmless the City and its officials and
employees, for claims (collectively referred to as "Indemnitees") and each of them from and
against all loss, costs, penalties, fines, damages, claims, expenses (including attorney's fees) or
liabilities (collectively referred to as "Liabilities") by reason of any injury to or death of any person
or damage to or destruction or loss of any property arising out of, resulting from, or in connection
with (i) the negligent performance or non-performance of the Services contemplated by this
Agreement (whether active or passive) of Consultant or its employees or subcontractors
(collectively referred to as "Consultant") which is directly caused, in whole or in part, by any act,
omission, default or negligence (whether active or passive or in strict liability) of the Indemnitees,
or any of them, or (ii) the failure of the Consultant to comply materially with any of the
requirements herein, or the failure of the Consultant to conform to statutes, ordinances, or other
regulations or requirements of any governmental authority, local, federal or state, in connection
with the performance of this Agreement even if it is alleged that the City, its officials and/or
employees were negligent. Consultant expressly agrees to indemnify, defend and hold harmless
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the Indemnitees, or any of them, from and against all liabilities which may be asserted by an
employee or former employee of Consultant, or any of its subcontractors, as provided above, for
which the Consultant's liability to such employee or former employee would otherwise be limited
to payments under state Workers' Compensation or similar laws. Consultant further agrees to
indemnify, defend and hold harmless the Indemnitees from and against (i) any and all Liabilities
imposed on account of the violation of any law, ordinance, order, rule, regulation, condition, or
requirement, related directly to Consultant's negligent performance under this Agreement,
compliance with which is left by this Agreement to Consultant, and (ii) any and all claims, and/or
suits for labor and materials furnished by Consultant or utilized in the performance of this
Agreement or otherwise.
This section shall be interpreted to comply with Sections 725.06 and/or 725.08, Florida
Statutes. Consultant's obligations to indemnify, defend and hold harmless the Indemnitees shall
survive the termination/expiration of this Agreement.
Consultant understands and agrees that any and all liabilities regarding the use of any
subcontractor for Services related to this Agreement shall be borne solely by Consultant
throughout the duration of this Agreement and that this provision shall survive the termination or
expiration of this Agreement, as applicable.
11. DEFAULT:
If Consultant fails to comply materially with any term or condition of this Agreement, or
fails to perform in any material way any of its obligations hereunder, and fails to cure such failure
after reasonable notice from the City, then Consultant shall be in default. Consultant understands
and agrees that termination of this Agreement under this section shall not release Consultant from
any obligation accruing prior to the effective date of termination. Should Consultant be unable or
unwilling to commence to perform the Services within the time provided or contemplated herein,
then, in addition to the foregoing, Consultant shall be liable to the City for all expenses incurred
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by the City in preparation and negotiation of this Agreement, as well as all costs and expenses
incurred by the City in the re -procurement of the Services, including consequential and incidental
damages.
12. RESOLUTION OF AGREEMENT DISPUTES:
Consultant understands and agrees that all disputes between Consultant and the City
based upon an alleged violation of the terms of this Agreement by the City shall be submitted to
the City Manager for his/her resolution, prior to Consultant being entitled to seek judicial relief in
connection therewith. In the event that the amount of compensation hereunder exceeds Twenty -
Five Thousand Dollars and No/Cents ($25,000), the City Manager's decision shall be approved
or disapproved by the City Commission. Consultant shall not be entitled to seek judicial relief
unless: (i) it has first received City Manager's written decision, approved by the City Commission
if the amount of compensation hereunder exceeds Twenty -Five Thousand Dollars and No/Cents
($25,000), or (ii) a period of sixty (60) days has expired, after submitting to the City Manager a
detailed statement of the dispute, accompanied by all supporting documentation or ninety (90)
days if City Manager's decision is subject to City Commission approval); or (iii) City has waived
compliance with the procedure set forth in this section by written instruments, signed by the City
Manager. In no event may the amount of compensation under this Section exceed the total
compensation set forth in Section 4 (A) of this Agreement.
13. TERMINATION; OBLIGATIONS UPON TERMINATION:
A. The City, acting by and through its City Manager, shall have the right to terminate
this Agreement, in its sole discretion, and without penalty, at any time, by giving written notice to
Consultant at least thirty (30) calendar days prior to the effective date of such termination. In such
event, the City shall pay to Consultant compensation for Services rendered and approved
expenses incurred prior to the effective date of termination. In no event shall the City be liable to
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Consultant for any additional compensation and expenses incurred, other than that provided
herein, and in no event shall the City be liable for any consequential or incidental damages. The
Consultant shall have no recourse or remedy against the City for a termination under this
subsection except for payment of fees due prior to the effective date of termination.
B. The City, by and acting through its City Manager, shall have the right to terminate
this Agreement, in its sole discretion, and without penalty, upon the occurrence of an event of a
material breach hereunder, and failure to cure the same within thirty (30) days after written notice
of default. . In such event, the City shall not be obligated to pay any amounts to Consultant for
Services rendered by Consultant after the date of termination, but the parties shall remain
responsible for any payments that have become due and owing as of the effective date of
termination. In no event shall the City be liable to Consultant for any additional compensation and
expenses incurred, other than that provided herein, and in no event shall the City be liable for any
direct, indirect, consequential or incidental damages.
14. INSURANCE:
A. Consultant shall, at all times during the term hereof, maintain such insurance
coverage(s) as may be required by the City. The insurance coverage(s) required as of the
Effective Date of this Agreement are attached hereto as Exhibit °D" and incorporated herein by
this reference. The City RFP number and title of the RFP must appear on each certificate of
insurance. The Consultant shall add the City of Miami as an additional insured to its commercial
general liability, and auto liability policies, and as a named certificate holder on all policies.
Consultant shall correct any insurance certificates as requested by the City's Risk Management
Administrator. All such insurance, including renewals, shall be subject to the approval of the City
for adequacy of protection and evidence of such coverage(s) and shall be furnished to the City
Risk Management Administrator on Certificates of Insurance indicating such insurance to be in
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force and effect and any cancelled or non -renewed policy will be replaced with no coverage gap
and a current Certificate of Insurance will be provided. Completed Certificates of Insurance shall
be filed with the City prior to the performance of Services hereunder, provided, however, that
Consultant shall at any time upon request file duplicate copies of the Certificate of Insurance with
the City.
C. Consultant understands and agrees that any and all liabilities regarding the use of
any of Consultant's employees or any of Consultant's subcontractors for Services related to this
Agreement shall be borne solely by Consultant throughout the term of this Agreement and that
this provision shall survive the termination of this Agreement. Consultant further understands and
agrees that insurance for each employee of Consultant and each subcontractor providing
Services related to this Agreement shall be maintained in good standing and approved by the City
Risk Management Administrator throughout the duration of this Agreement.
D. Consultant shall be responsible for assuring that the insurance certificates required
under this Agreement remain in full force and effect for the duration of this Agreement, including
any extensions hereof. If insurance certificates are scheduled to expire during the term of this
Agreement and any extension hereof, Consultant shall be responsible for submitting new or
renewed insurance certificates to the City's Risk Management Administrator as soon as
coverages are bound with the insurers. In the event that expired certificates are not replaced, with
new or renewed certificates which cover the term of this Agreement and any extension thereof:
(i) the City shall suspend this Agreement until such time as the new or renewed
certificate(s) are received in acceptable form by the City's Risk Management
Administrator; or
(ii) the City may, at its sole discretion, terminate the Agreement for cause and seek
re -procurement damages from Consultant in conjunction with the violation of the terms
and conditions of this Agreement.
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E. Compliance with the foregoing requirements shall not relieve Consultant of its
liabilities and obligations under this Agreement.
15. NONDISCRIMINATION:
Consultant represents to the City that Consultant does not and will not engage in
discriminatory practices and that there shall be no discrimination in connection with Consultant's
performance under this Agreement on account of race, color, sex, religion, age, handicap, marital
status or national origin. Consultant further covenants that no otherwise qualified individual shall,
solely by reason of his/her race, color, sex, religion, age, handicap, marital status or national
origin, be excluded from participation in, be denied services, or be subject to discrimination under
any provision of this Agreement.
16. ASSIGNMENT:
This Agreement shall not be assigned by Consultant, in whole or in part, and Consultant
shall not assign any part of its operations, without the prior written consent of the City Manager,
which may be withheld or conditioned, in the City's sole discretion through the City Manager.
17. NOTICES:
All notices or other communications required under this Agreement shall be in writing and
shall be given by hand -delivery or by registered or certified U.S. Mail, return receipt requested,
addressed to the other party at the address indicated herein or to such other address as a party
may designate by notice given as herein provided. Notice shall be deemed given on the day on
which personally delivered; or, if by mail, on the fifth day after being posted or the date of actual
receipt, whichever is earlier.
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City of Miami, Florida
TO CONSULTANT:
RFP499325
TO THE CITY:
Daniel J. Alfonso
City Manager
444 SW 2nd Avenue, 10th Floor
Miami, FL 33130-1910
Annie Perez, CPPO
Procurement Director
444 SW 2nd Avenue, 6th FL
Miami, FL 33130-1910
18. MISCELLANEOUS PROVISIONS:
A. This Agreement shall be construed and enforced according to the laws of the State
of Florida. Venue in any proceedings between the parties shall be in Miami -Dade County, Florida.
Each party shall bear its own attorney's fees. Each party waives any defense, whether asserted
by motion or pleading, that the aforementioned courts are an improper or inconvenient venue.
Moreover, the parties consent to the personal jurisdiction of the aforementioned courts and
irrevocably waive any objections to said jurisdiction. The parties irrevocably waive any rights to a
jury trial.
B. No waiver or breach of any provision of this Agreement shall constitute a waiver of
any subsequent breach of the same or any other provision hereof, and no waiver shall be effective
unless made in writing.
C. Should any provision, paragraph, sentence, word or phrase contained in this
Agreement be determined by a court of competent jurisdiction to be invalid, illegal or otherwise
unenforceable under the laws of the State of Florida or the City of Miami, such provision,
paragraph, sentence, word or phrase shall be deemed modified to the extent necessary in order
to conform with such laws, or if not modifiable, then the same shall be deemed severable, and in
either event, the remaining terms and provisions of this Agreement shall remain unmodified and
in full force and effect or limitation of its use.
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D. Consultant shall comply with all applicable laws, rules and regulations in the
performance of this Agreement, including but not limited to Iicensure, and certifications required
by law for professional service Consultants.
E. This Agreement constitutes the sole and entire agreement between the parties
hereto. No modification or amendment hereto shall be valid unless in writing and executed by
properly authorized representatives of the parties hereto. Except as otherwise set forth in Section
2 above, the City Manager shall have the sole authority to extend, amend, or modify this
Agreement on behalf of the City.
19. SUCCESSORS AND ASSIGNS: This Agreement shall be binding upon the parties
hereto, their heirs, executors, legal representatives, successors, or assigns.
20. INDEPENDENT CONTRACTORS: Consultant has been procured and is being
engaged to provide Services to the City as an independent contractor, and not as an agent or
employee of the City. Accordingly, neither Consultant, nor its employees, nor any subcontractor
hired by Consultant to provide any Services under this Agreement shall attain, nor be entitled to,
any rights or benefits under the Civil Service or Pension Ordinances of the City, nor any rights
generally afforded classified or unclassified employees. Consultant further understands that
Florida Workers' Compensation benefits available to employees of the City are not available to
Consultant, its employees, or any subcontractor hired by Consultant to provide any Services
hereunder, and Consultant agrees to provide or to require subcontractor(s) to provide, as
applicable, workers' compensation insurance for any employee or agent of Consultant rendering
Services to the City under this Agreement. Consultant further understands and agrees that.
Consultant's or subcontractors' use or entry upon City properties shall not in any way change its
or their status as an independent contractor.
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21. CONTINGENCY CLAUSE: Funding for this Agreement is contingent on the availability
of funds and continued authorization for program activities and the Agreement is subject to
amendment or termination due to lack of funds, reduction of funds, failure to allocate or
appropriate funds, and/or change in applicable laws or regulations, upon thirty (30) days written
notice.
22. FORCE MAJEURE: A "Force Majeure Event" shall mean an act of God, act of
governmental body or military authority, fire, explosion, power failure, flood, storm, hurricane,
sink hole, other natural disasters, epidemic, riot or civil disturbance, war or terrorism, sabotage,
insurrection, blockade, or embargo. In the event that either party is delayed in the performance
of any act or obligation pursuant to or required by the Agreement by reason of a Force Majeure
Event, the time for required completion of such act or obligation shall be extended by the
number of days equal to the total number of days, if any, that such party is actually delayed by
such Force Majeure Event. The party seeking delay in performance shall give notice to the
other party specifying the anticipated duration of the delay, and if such delay shall extend
beyond the duration specified in such notice, additional notice shall be repeated no less than
monthly so long as such delay due to a Force Majeure Event continues. Any party seeking
delay in performance due to a Force Majeure Event shall use its best efforts to rectify any
condition causing such delay and shall cooperate with the other party to overcome any delay
that has resulted.
23. CITY NOT LIABLE FOR DELAYS: Consultant hereby understands and agrees that
in no event shall the City be liable for, or responsible to Consultant or any subcontractor, or to
any other person, firm, or entity for or on account of, any stoppages or delay(s) in work herein
provided for, or any damages whatsoever related thereto, because of any injunction or other
legal or equitable proceedings or on account of any delay(s) for any cause over which the City
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has no control.
24. USE OF NAME: Consultant understands and agrees that the City is not engaged in
research for advertising, sales promotion, or other publicity purposes. Consultant is allowed,
within the limited scope of normal and customary marketing and promotion of its work, to use the
general results of this project and the name of the City. The Consultant agrees to protect any
confidential information provided by the City and will not release information of a specific nature
without prior written consent of the City Manager or the City Commission.
25. NO CONFLICT OF INTEREST: Pursuant to City of Miami Code Section 2-
611, as amended ("City Code"), regarding conflicts of interest, Consultant hereby certifies to the
City that no individual member of Consultant, no employee, and no subcontractor under this
Agreement nor any immediate family member of any of the same is also a member of any board,
commission, or agency of the City. Consultant hereby represents and warrants to the City that
throughout the term of this Agreement, Consultant, its employees, and its subcontractors will
abide by this prohibition of the City Code.
26. NO THIRD -PARTY BENEFICIARY: No persons other than the Consultant and the City
(and their successors and assigns) shall have any rights whatsoever under this Agreement.
27. SURVIVAL: All obligations (including but not limited to indemnity and obligations
to defend and hold harmless) and rights of any party arising during or attributable to the period
prior to expiration or earlier termination of this Agreement shall survive such expiration or earlier
termination.
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28. TRUTH -IN -NEGOTIATION CERTIFICATION, REPRESENTATION AND WARRANTY:
Consultant hereby certifies, represents and warrants to the City that on the date of Consultant's
execution of this Agreement, and so long as this Agreement shall remain in full force and effect,
the wage rates and other factual unit costs supporting the compensation to Consultant under this
Agreement are and will continue to be accurate, complete, and current. Consultant understands,
agrees and acknowledges that the City shall adjust the amount of the compensation and any
additions thereto to exclude any significant sums by which the City determines the contract price
of compensation hereunder 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
of the end of this Agreement, whether naturally expiring or earlier terminated pursuant to the
provisions hereof.
29. COUNTERPARTS: This Agreement may be executed in three or more counterparts,
each of which shall constitute an original, but all of which, when taken together, shall constitute
one and the same agreement.
30. ENTIRE AGREEMENT: This instrument and its attachments constitute the sole and
only agreement of the parties relating to the subject matter hereof and correctly set forth the rights,
duties, and obligations of each to the other as of its date. Any prior agreements, promises,
negotiations, or representations not express►y set forth in this Agreement are of no force or effect.
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IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed
by their respective officials thereunto duly authorized, this the day and year above written.
"City"
CITY OF MIAMI, a municipal
ATTEST: corporation
By:
Todd B. Hannon, City Clerk Daniel J. Alfonso, City Manager
ATTEST:
Print Name:
Title:
(Corporate Seal)
"Consultant"
By:
(Authorized Corporate Officer)
APPROVED AS TO LEGAL FORM APPROVED AS TO INSURANCE
AND CORRECTNESS: REQUIREMENTS:
Victoria Mendez Ann -Marie Sharpe
City Attorney Risk Management Director
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City of Miami, Florida RFP499325
CORPORATE RESOLUTION
WHEREAS, ., a corporation, desires to
enter into an agreement with the City of Miami for the purpose of performing the work described
in the contract to which this resolution is attached; and
WHEREAS, the Board of Directors at a duly held corporate meeting has considered the
matter in accordance with the bylaws of the corporation;
This Resolution needs to authorize the signatory to sign
EXHIBIT A
RFP No. 484326
Parking Surcharge Administration Consulting Services
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City of Miami, Florida RFP499325
EXHIBIT B
SCOPE OF WORK
Provide consulting services per specifications.
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City of Miami, Florida RFP499325
EXHIBIT C
PROPOSAL AND COMPENSATION
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City of Miami, Florida RFP499325
EXHIBIT D
INSURANCE REQUIREMENTS
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City of Miami, Florida RFP499325
EXHIBIT E
CORPORATE RESOLUTIONS
AND EVIDENCE OF QUALIFICATION TO DO BUSINESS IN FLORIDA
(To be provided upon document execution)
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