HomeMy WebLinkAboutRequest For ProposalCity 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:
484326,12
REQUEST FOR PROPOSALS FOR
ACTUARIAL AND ACTUARIAL
RELATED CONSULTING SERVICES
27-JUL-2015
04-AUG-2015 @ 15:00:00
None
May 22, 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
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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, film, or person submitting a submission for the same materials, supplies, equipment, or
service, and is in all respects fair and without collusion or fraud. We (I) agree to abide by all terms and
conditions of this solicitation and certify that I am authorized to sign this submission for the submitter.
Please print the following and signyour name:
SUPPLIER NAME.
ADDRESS •
PHONE: FAX
EMAIL: BEEPER.
SIGNED BY.
TITLE: DATE.
FAILURE TO COMPLETE, SIGN, AND RETURN THIS FORM SHALL DISOUALIFY THIS BID.
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Certifications
Legal Name of Firm:
Contact Name, Phone Number, Fax and Email Address:
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, 7/1/07). If no addendum/addenda was/were issued, please insert
N/A.
If Proposer has a Local Office, as defined under Chapter 18/Articlle 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/Notes and Attachments Section of this
solicitation).
Has Proposer reviewed the attached Sample Professional Services Agreement (PSA)?
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Does Proposer acknowledge that the attached Sample PSA is an example of the standard Agreement
used in conjunction with the services related tot his solicitation, and shall not be amended?
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Line: 1
Description: Please refer to Attachment B, Price Proposal Schedule, Attached on the Header
Section of this solicitation.
Category: 91869-00
Unit of Measure: Dollar
Unit Price: $ Number of Units: 1 Total: $
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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. TERM OF CONTRACT 27
2.3. MINIMUM QUALIFICATION REQUIREMENTS 27
2.4. DEADLINE FOR RECEIPT OF REQUEST FOR ADDITIONAL
INFORMATION/CLARIFICATION 27
2.5. CONTRACT EXECUTION 28
2.6. PRE -PROPOSAL CONFERENCE 28
2.7. CONDITIONS FOR RENEWAL 28
2,8. NON -APPROPRIATION OF FUNDS 28
2.9. FAILURE TO PERFORM 28
2.10. INSURANCE REQUIREMENTS 28
2.11. CONTRACT ADMINISTRATOR 31
2.12. SUBCONTRACTOR(S) OR SUBCONSULTANT(S) 31
2.13. COMPLETE PROJECT REQUIRED 32
2.14. TERMINATION 32
2.15. ADDITIONAL TERMS AND CONDITIONS 32
2.16. PRIMARY CLIENT (FIRST PRIORITY) 33
2.17. UNAUTHORIZED WORK 33
2.18. CHANGES/ALTERATIONS 33
2.19. METHOD OF PAYMENT 33
2.20. COMPENSATION 33
2.21. EVALUATION/SELECTION PROCESS AND CONTRACT AWARD 34
2.22. ADDITIONAL SERVICES 35
2.23. RECORDS 35
2.24. TRUTH IN NEGOTIATION CERTIFICATE 35
2.25. SURVIVAL 35
3. Specifications 37
3.1. SPECIFICATIONS/SCOPE OF WORD 37
4. Submission Requirements 41
4.1. SUBMISSION REQUIREMENTS 41
5. Evaluation Criteria 44
5.1. EVALUATION CRITERIA 44
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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 this contract and purchase any and all
goods/services, specified herein from the successful bidder(s)/proposer(s) at the contract price(s) established herein,
when permissible by federal, state, and local laws, rules, and regulations.
Each Governmental, not -for -profit or quasi -governmental entity which uses this formal solicitation and resulting bid
contract or agreement will establish its own contract/agreement, place its own orders, issue its own purchase orders,
be invoiced there from and make its own payments, determine shipping terms and issue its own exemption
certificates as required by the successful bidder(s)/proposer(s).
1.10. AWARD OF CONTRACT:
A. The Formal Solicitation, Bidder's/Proposer's response, any addenda issued, and the purchase order shall
constitute the entire contract, unless modified in accordance with any ensuing contract/agreement, amendment or
addenda.
B. The award of a contract where there are Tie Bids will be decided by the Director of Purchasing or designee in the
instance that Tie Bids can't be determined by applying Florida Statute 287.087, Preference to Businesses with
Drug -Free Workplace Programs.
C. The award of this contract may be preconditioned on the subsequent submission of other documents as specified
in the Special Conditions or Technical Specifications. Bidder/Proposer shall be in default of its contractual
obligation if such documents are not submitted in a timely manner and in the form required by the City. Where
Bidder/Proposer is in default of these contractual requirements, the City, through action taken by the Purchasing
Department, will void its acceptance of the Bidder's/Proposer's Response and may accept the Response from the
next lowest responsive, responsible Bidder or Proposal most advantageous to the City or re -solicit the City's
requirements. The City, at its sole discretion, may seek monetary restitution from Bidder/Proposer and its
bid/proposal bond or guaranty, if applicable, as a result of damages or increased costs sustained as a result of the
Bidder's/Proposer's default.
D. The term of the contract shall be specified in one of three documents which shall be issued to the successful
Bidder/Proposer. These documents may either be a purchase order, notice of award and/or contract award sheet,
E. The City reserves the right to automatically extend this contract for up to one hundred twenty (120) calendar
days beyond the stated contract term in order to provide City departments with continual service and supplies while
a new contract is being solicited, evaluated, and/or awarded. If the right is exercised, the City shall notify the
Bidder/Proposer, in writing, of its intent to extend the contract at the same price, terms and conditions for a specific
number of days. Additional extensions over the first one hundred twenty (120) day extension may occur, if, the City
and the Successful Bidder/Proposer are in mutual agreement of such extensions.
F. Where the contract involves a single shipment of goods to the City, the contract term shall conclude upon
completion of the expressed or implied warranty periods.
G. The City reserves the right to award the contract on a split -order, lump sum or individual -item basis, or such
combination as shall best serve the interests of the City unless otherwise specified.
H. A Contract/Agreement may be awarded to the Bidder/Proposer by the City Commission based upon the
minimum qualification requirements reflected herein. As a result of a RFP, RFQ, or RFLI, the City reserves the
right to execute or not execute, as applicable, an Agreement with the Proposer, whichever is determined to be in the
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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 andthe 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 requiredby 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 agreedthat 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 connectioneither 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 and local governments are subject to certain laws and regulations, including laws pertaining
to public records, conflict of interest, records keeping, etc. City and Contractor agree to comply with and observe all
applicable laws, codes and ordinances as that may in any way affect the goods or equipment offered, including but
not limited to:
A. Executive Order 11246, which prohibits discrimination against any employee, applicant, or client because of
race, creed, color, national origin, sex, or age with regard to, but not limited to, the following: employment
practices, rate of pay or other compensation methods, and training selection.
B. Occupational, Safety and Health Act (OSHA), as applicable to this Formal Solicitation.
C. The State of Florida Statutes, Section 287.133(3)(A) on Public Entity Crimes.
D. Environment Protection Agency (EPA), as applicable to this Formal Solicitation.
E. Uniform Commercial Code (Florida Statutes, Chapter 672).
F. Americans with Disabilities Act of 1990, as amended.
G. National Institute of Occupational Safety Hazards (NIOSH), as applicable to this Formal Solicitation.
H. National Forest Products Association (NFPA), as applicable to this Formal Solicitation.
I. City Procurement Ordinance City Code Section 18, Article III.
J. Conflict of Interest, City Code Section 2-611;61.
K. Cone of Silence, City Code Section 18-74.
L. The Florida Statutes Sections 218.73 and 218.74 on Prompt Payment.
Lack of knowledge by the bidder/proposer will in no way be a cause for relief from responsibility. Non-compliance
with all local, state, and federal directives, orders, and laws may be considered grounds for termination of
contract(s).
Copies of the City Ordinances may be obtained from the City Clerk's Office.
1,20. CONE OF SILENCE - Pursuant to Section 18-74 of the City of Miami Code, a "Cone of Silence" is imposed
upon each RFP, RFQ, RFLI, or IFB after advertisement and terminates at the time the City Manager issues a written
recommendation to the Miami City Commission. The Cone of Silence shall be applicable only to Contracts for the
provision of goods and services and public works or improvements for amounts greater than $200,000. The Cone of
Silence prohibits any communication regarding RFPs, RFQs, RFLI or IFBs (bids) between, among others:
Potential vendors, service providers, bidders, lobbyists or consultants and the City's professional staff including, but
not limited to, the City Manager and the City Manager's staff; the Mayor, City Commissioners, or their respective
staffs and any member of the respective selection/evaluation committee,
The provision does not apply to, among other communications:
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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 further agrees not to use or attempt to use any knowledge, property or resource which may
be within his/her/its trust, or perform his/her/its duties, to secure a special privilege, benefit, or exemption for
himself/herself/itself, or others. Bidder/Proposer may not disclose or use information not available to members of
the general public and gained by reason of his/her/its position, except for information relating exclusively to
governmental practices, for his/her/its personal gain or benefit or for the personal gain or benefit of any other person
or business entity.
B. Bidder/Proposer hereby acknowledges that he/she/it has not contracted or transacted any business with the
City or any person or agency acting for the City, and has not appeared in representation of any third party before any
board, commission or agency of the City within the past two years. Bidder/Proposer further warrants that he/she/it
is not related, specifically the spouse, son, daughter, parent, brother or sister, to: (i) any member of the commission;
(ii) the mayor; (iii) any city employee; or (iv) any member of any board or agency of the City.
C. A violation of this section may subject the Bidder/Proposer to immediate termination of any professional
services agreement with the City, imposition of the maximum fine and/or any penalties allowed by law.
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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
Bi dder(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 perform the work or deliver the goods/services required under the Contract and/or within the time
required or failing to use the subcontractors, entities and personnel as identified and set forth, and to the degree
specified in the Contract.
B. Failure to begin the work under this Contract within the time specified.
C. Failure to perform the work with sufficient workers and equipment or with sufficient materials to ensure timely
completion.
D. Neglecting or refusing to remove materials or perform new work where prior work has been rejected as
nonconforming with the terms of the Contract.
E. Becoming insolvent, being declared bankrupt, or committing any act of bankruptcy or insolvency, or making an
assignment for the benefit of creditors, if the insolvency, bankruptcy, or assignment renders the successful
Bidder/Proposer incapable of performing the work in accordance with and as required by the Contract.
F. Failure to comply with any of the terms of the Contract in any material respect.
All costs and charges incurred by the City as a result of a default or a default incurred beyond the time limits stated,
together with the cost of completing the work, shall be deducted from any monies due or which may become due on
this Contract.
1.28. DETERMINATION OF RESPONSIVENESS - Each Response will be reviewed to determine if it is
responsive to the submission requirements outlined in the Formal Solicitation. A "responsive" response is one which
follows the requirements of the formal solicitation, includes all documentation, is submitted in the format outlined in
the formal solicitation, is of timely submission, and has appropriate signatures as required on each document. Failure
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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 formal solicitation shall be resolved by giving precedence to the
following documents, the first of such list being the governing documents.
1) Addenda (as applicable)
2) Specifications
3) Special Conditions
4) General Terms and Conditions
1.31. EMERGENCY / DISASTER PERFORMANCE - In the event of a hurricane or other emergency or disaster
situation, the successful vendor shall provide the City with the commodities/services defined within the scope of this
formal solicitation at the price contained within vendor's response. Further, successful vendor shall deliver/perform
for the city on a priority basis during such times of emergency.
1.32. ENTIRE BID CONTRACT OR AGREEMENT - The Bid Contract or Agreement consists of this City of
Miami Formal Solicitation and specifically this General Conditions Section, Contractor's Response and any written
agreement entered into by the City of Miami and Contractor in cases involving RFPs, RFQs, and RFLIs, and
represents the entire understanding and agreement between the parties with respect to the subject matter hereof and
supersedes all other negotiations, understanding and representations, if any, made by and between the parties. To the
extent that the agreement conflicts with, modifies, alters or changes any of the terms and conditions contained in the
Formal Solicitation and/or Response, the Formal Solicitation and then the Response shall control. This Contract may
be modified only by a writtenagreement 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 firm for the period of performance or resulting purchase orders or contracts, which are to be performed
or supplied over a period of time.
1.38. FLORIDA MINIMUM WAGE - The Constitution of the State of Florida, Article X, Section 24, states that
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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.
I-IIPAA 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 anaccounting of disclosures; and
H. Making internalpractices, 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 infornation
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. Inthe 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 each of the aforementioned responsive, responsible local bidders shall have the opportunity to
submit a best and final bid equal to or lower than the amount of the low bid previously submitted by the non -local
bidder. Contract award shall be made to the lowest responsive, responsible bidder submitting the lowest best and
final bid. In the case of a tie in the best and final bid between a local bidder and a non -local bidder, contract award
shall be made to the local bidder."
B. City Code Section 18-86, states, "the RFP, RFLI or RFQ, as applicable, may, in the exercise of the reasonable
professional discretion of the City Manager, director of the using agency, and the Chief Procurement Officer,
include a five (5%) percent evaluation criterion in favor of proposers who maintain a local office, as defined in
Section 18-73. In such cases, this five (5%) percent evaluation criterion in favor of proposers who maintain a local
office will be specifically defined in the RFP, RFLI or RFQ, as applicable; otherwise, it will not apply.
1.49. MANUFACTURER'S CERTIFICATION - The City reserves the right to request from bidders/proposers a
separate Manufacturer's Certification of all statements made in the bid/proposal. Failure to provide such
certification may result in the rejection of bid/proposal or termination of contract/agreement, for which the
bidder/proposer must bear full liability.
1.50. MODIFICATIONS OR CHANGES IN PURCHASE ORDERS AND CONTRACTS - No contract or
understanding to modify this Formal Solicitation and resultant purchase orders or contracts, if applicable, shall be
binding upon the City unless made in writing by the Director of Purchasing of the City of Miami, Florida through
the issuance of a change order, addendum, amendment, or supplement to the contract, purchase order or award sheet
as appropriate.
1.51. NO PARTNERSHIP OR JOINT VENTURE - Nothing contained in this Contract will be deemedor
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 deteiniined by the City. The data derived from any test for compliance with
specifications is public record and open to examination thereto in accordance with Chapter 119, Florida Statutes.
Items delivered not conforming to specifications may be rejected and returned at Bidder's/Proposer's expense.
These non -conforming items not delivered as per delivery date in the response and/or Purchase Order may result in
bidder/proposer being found in default in which event any and all re -procurement costs may be charged against the
defaulted contractor. Any violation of these stipulations may also result in the supplier's name being removed from
the City of Miami's Supplier's list.
1.53. NONDISCRIMINATION —Bidder/Proposer agrees that it shall not discriminate as to race, sex, color, age,
religion, national origin, marital status, or disability in connection with its performance under this formal
solicitation. Furthermore, Bidder/Proposer agrees that no otherwise qualified individual shall solely by reason of
his/her race, sex, color, age, religion, national origin, marital status or disability be excluded from the participation
in, be denied benefits of, or be subjected to, discrimination under any program or activity.
In connection with the conduct of its business, including performance of services and employment of personnel,
Bidder/Proposer shall not discriminate against any person on the basis of race, color, religion, disability, age, sex,
marital status or national origin. All persons having appropriate qualifications shall be afforded equal opportunity
for employment.
1.54. NON-EXCLUSIVE CONTRACT/ PIGGYBACK PROVISION - At such times as may serve its best
interest, the City of Miami reserves the right to advertise for, receive, and award additional contracts for these herein
goods and/or services, and to make use of other competitively bid (governmental) contracts, agreements, or other
similar sources for the purchase of these goods and/or services as may be available.
It is hereby agreed and understood that this formal solicitation does not constitute the exclusive rights of the
successful bidder(s)/proposer(s) to receive all orders that may be generated by the City in conjunction with this
Formal Solicitation.
In addition, any and all commodities, equipment, and services required by the City in conjunction with construction
projects are solicited under a distinctly different solicitation process and shall not be purchased under the terms,
conditions and awards rendered under this solicitation, unless such purchases are determined to be in the best
interest of the City,
1.55. OCCUPATIONAL LICENSE - Any person, firm, corporation or joint venture, with a business location in
the City of Miami and is submitting a Response under this Formal Solicitation shall meet the City's Occupational
License Tax requirements in accordance with Chapter 31.1, Article I of the City of Miami Charter. Others with a
location outside the City of Miami shall meet their local Occupational License Tax requirements. A copy of the
license must be submitted with the response; however, the City may at its sole option and in its best interest allow
the Bidder/Proposer to supply the license to the City during the evaluation period, but prior to award,
1.56. ONE PROPOSAL - Only one (1) Response from an individual, firm, partnership, corporation or joint venture
will be considered in response to this Formal Solicitation.
1.57. OWNERSHIP OF DOCUMENTS - It is understood by and between the parties that any documents, records,
files, or any other matter whatsoever which is given by the City to the successful Bidder/Proposer pursuant to this
formal solicitation shall at all times remain the property of the City and shall not be used by the Bidder/Proposer for
any other purposes whatsoever without the written consent of the City.
1.58. PARTIAL INVALIDITY - If any provision of this Contract or the application thereof to any person or
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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 andthat it has not offered to pay, paid, or agreed to pay any person any
fee, commission, percentage, brokerage fee, or gift of any kind contingent upon or in connection with, the award of
this Contract.
1.64. PROMPT PAYMENT —Bidders/Proposers may offer a cash discount for prompt payment; however,
discounts shall not be considered in determining the lowest net cost for response evaluation purposes.
Bidders/Proposers are required to provide their prompt payment terms in the space provided on the Formal
Solicitation. If no prompt payment discount is being offered, the Bidder/Proposer must enter zero (0) for the
percentage discount to indicate no discount. If the Bidder/Proposer fails to enter a percentage, it is understood and
agreed that the terms shall be 2% 20 days, effective after receipt of invoice or final acceptance by the City,
whichever is later.
When the City is entitled to a cash discount, the period of computation will commence on the date of delivery, or
receipt of a correctly completed invoice, whichever is later. If an adjustment in payment is necessary due to
damage, the cash discount period shall commence on the date final approval for payment is authorized. If a discount
is part of the contract, but the invoice does not reflect the existence of a cash discount, the City is entitled to a cash
discount with the period commencing on the date it is determined by the City that a cash discount applies.
Price discounts off the original prices quoted on the Price Sheet will be accepted from successful bidders/proposers
during the term of the contract,
1.65. PROPERTY Property owned by the City of Miami is the responsibility of the City of Miami. Such property
furnished to a Contractor for repair, modification, study, etc., shall remain the property of the City of Miami.
Damages to such property occurring while in the possession of the Contractor shall be the responsibility of the
Contractor. Damages occurring to such property while in route to the City of Miami shall be the responsibility of the
Contractor. In the event that such property is destroyed or declared a total loss, the Contractor shall be responsible
for replacement value of the property at the current market value, less depreciation of the property, if any.
1.66. PROVISIONS BINDING - Except as otherwise expressly provided in the resulting Contract, all covenants,
conditions and provisions of the resulting Contract shall be binding upon and shall inure to the benefit of the parties
hereto and their respective heirs, legal representatives, successors and assigns.
1.67. PUBLIC ENTITY CRIMES - A person or affiliate who has been placed on the convicted vendor list
following a conviction for a public entity crime may not submit a response on a contract to provide any goods or
services to a public entity, may not submit a response on a contract with a public entity for the construction or repair
of a public building or public work, may not submit responses on leases of real property to a public entity, may not
be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public
entity, andmay 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 perfoitiiance, 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
il. 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.
111. A written protest based on any of the foregoing must be submitted to the Chief Procurement Officer within five
(5) days after the date the notice of protest was filed. A written protest is considered filed when received by the
Chief Procurement Officer.
The written protest may not challenge the relative weight of the evaluation criteria or the formula for assigning
points in making an award determination.
The written protest shall state with particularity the specific facts and law upon which the protest of the solicitation
or the award is based, and shall include all pertinent documents and evidence and shall be accompanied by the
required Filing Fee as providedin 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.
(f) Filing Fee. The written protest must be accompanied by a filing fee in the form of a money order or cashier's
check payable to the city in an amount equal to one percent of the amount of the Bid or proposed Contract, or
$5000.00, whichever is less, which filing fee shall guarantee the payment of all costs which may be adjudged against
the protestor in any administrative or court proceeding. If a protest is upheld by the Chief Procurement Officer
and/or the City Commission, as applicable, the filing fee shall be refunded to the protestor less any costs assessed
under subsection (e) above. If the protest is denied, the filing fee shall be forfeited to the city in lieu of payment of
costs for the administrative proceedings as prescribed by subsection (e) above.
1.74. SAMPLES - Samples of items, when required, must be submitted within the time specified at no expense to
the City. If not destroyed by testing, bidder(s)/proposer(s) will be notified to remove samples, at their expense,
within 30 days after notification. Failure to remove the samples will result in the samples becoming the property of
the City.
1.75. SELLING, TRANSFERRING OR ASSIGNING RESPONSIBILITIES - Contractor shall not sell, assign,
transfer or subcontract at any time during the term of the Contract, or any part of its operations, or assign any portion
of the performance required by this contract, except under and by virtue of written permission granted by the City
through the proper officials, which may be withheld or conditioned, in the City's sole discretion.
1.76. SERVICE AND WARRANTY —When specified, the bidder/proposer shall define all warranty, service and
replacements that will be provided. Bidders/Proposer must explain on the Response to what extent warranty and
service facilities are available. A copy of the manufacturer's warranty, if applicable, should be submitted with your
response.
1.77. SILENCE OF SPECIFICATIONS - The apparent silence of these specifications and any supplemental
specification as to any detail or the omission from it of detailed description concerning any point shall be regarded
as meaning that only the best commercial practices are to prevail and that only materials of first quality and correct
type, size and design are to be used. All workmanship and services is to be first quality.
All interpretations of these specifications shall be made upon the basis of this statement.
If your firm has a current contract with the State of Florida, Department of General Services, to supply the items on
this solicitation, the bidder/proposer shall quote not more than the contract price; failure to comply with this request
will result in disqualification of bid/proposal.
1.78. SUBMISSION AND RECEIPT OF RESPONSES - Responses shall be submitted electronically via the
Oracle System or responses may be submitted in hardcopy format to the City Clerk, City Hall, 3500 Pan American
Drive, Miami, Florida 33133-5504, at or before, the specified closing date and time as designated in the IFB, RFP,
RFQ, or RFLI. NO EXCEPTIONS. Bidders/Proposers are welcome to attend the solicitation closing; however, no
award will be made at that time,
A. Hardcopy responses shall be enclosed in a sealed envelope, box package. The face of the envelope, box or
package must show the hour and date specified for receipt of responses, the solicitation number and title, and the
name and return address of the Bidder/Proposer. Hardcopy responses not submitted on the requisite Response
Forms may be rejected. Hardcopy responses received at any other location than the specified shall be deemed
non -responsive.
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Directions to City Hall:
FROM THE NORTH: I-95 SOUTH UNTIL IT TURNS INTO US1. US 1 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 Actuarial and Actuarial Related Services, 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. 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 three (3) years with an option to renew for two (2) additional two (2)
years periods.
(2) The City shall have the option to extend or terminate the Contract.
Continuation of the contract beyond the initial period is a City prerogative; not a right of the proposer. This
prerogative will be exercised only when such continuation is clearly in the best interest of the City.
2.3. MINIMUM QUALIFICATION REQUIREMENTS
Each firm interested in responding to this Request for Qualifications must clearly demonstrate achievement of the
minimum qualification requirements for their proposal to be considered. The proposer shall provide the information
on the firm's qualifications and experience, qualifications of the project team, Project Manager's experience, and
previous similar projects.
Additionally, the Proposer shall:
1) have at least five (5) years of experience providing actuarial consulting services to other United States public
pension fund clients, similar to services requested herein;
2) provide a lead Actuary who must have at least 10 years of experience with major public employee retirement
systems, or designation as a Fellow in the American Academy of Actuaries. The lead Actuary must provide direct
supervision over all services provided the City, and be an employee of the Proposer, regularly engaged in the
business of providing actuarial services.
See "Instructions for Submitting a Response: (Submission Requirements)."Submittals that do not respond
completely to all requirements may be considered non -responsive and eliminated from the process.
2.4. 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 May 22, 2015 @ 17:00:00. All responses to questions will be sent to all
prospective bidders/proposers inthe form on an addendum. NO QUESTIONS WILL BE RECEIVED VERBALLY
OR AFTER SAID DEADLINE.
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2.5. CONTRACT EXECUTION
The selected Proposer(s) evaluated and ranked in accordance with the requirements of this Solicitation, shall be
awarded an opportunity to negotiate a contract ("Contract") with the City. The City reserves the right to execute or
not execute, as applicable a Contract with the selected Proposer(s) that is determined to be most advantageous and in
the City's best interest. Such Contract will be furnished by the City, will contain certain terms as are in the City's
best interests, and will be subject to approval as to legal form by the City Attorney.
2.6. PRE -PROPOSAL CONFERENCE
None
2.7. 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
2.8. 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 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
Proposer.
2.9. FAILURE TO PERFORM
Should it not be possible to reach the selected Proposer or lead Actuary 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.
2.10. 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
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liabilities incurred in the defense of any such claim, or the investigation thereof.
The selected Proposer shall furnish to City of Miami, c/o Procurement Department, 444 SW 2nd Avenue, 6th Floor,
Miami, Florida 33130, Certificate(s) of Insurance which indicate that insurance coverage has been obtained which
meets the requirements as outlined below:
I. Commercial General Liability
A. Limits of Liability
Bodily Injury and Property Damage Liability
Each Occurrence $1,000,000
General Aggregate Limit $2,000,000
Personal and Adv. Injury $1,000,000
Products/Completed Operations $1,000,000
B. Endorsements Required
City of Miami listed as an additional insured
Primary Insurance Clause
Contingent and Contractual Liability
Premises & Operations Liability
IL. Business Automobile Liability
A. Limits of Liability
Bodily Injury and Property Damage Liability
Combined Single Limit
Any Auto
Including Hired, Borrowed or Non -Owned Autos
Any One Accident $1,000,000
B. Endorsements Required
City of Miami listed as an additional insured
111, Worker's Compensation
Limits of Liability
Statutory -State of Florida
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Employer's Liability
C. Limits of Liability
$500,000 for bodily injury caused by an accident, each accident
$500,000 for bodily injury caused by disease, each employee
$500,000 for bodily injury caused by disease, policy limit
IV. Umbrella Liability (Excess Follow Form)
A. Limits of Liability
Each Occurrence $1,000,000
Policy Aggregate $1,000,000
City of Miami listed as an additional insured
V. Professional Liability/Errors and Omissions Coverage
Combined Single Limit
Each. Claim $5,000,000
General Aggregate Limit $5,000,000
Retro Date Included
The above policies shall provide the City of Miami with written notice of cancellation or material change
from the insurer not less than (30) days prior to any such cancellation or material change, or in accordance to
policy provisions.
Companies authorized to do business in the State of Florida, with the following qualifications, shall issue all
insurance policies required above:
The company must be rated no less than "A-." as to management, and no less than "Class V" as to Financial
Strength, by the latest edition of Best's Insurance Guide, published by A.M. Best Company, Oldwick, New
Jersey, or its equivalent. All policies and /or certificates of insurance are subject to review and verification by
Risk Management prior to insurance approval.
BINDERS ARE UNACCEPTABLE.
The insurance coverage required shall include those classifications, as listed in standard liability insurance manuals,
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which most nearly reflect the operations of the selected Proposer.
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 REQUEST FOR PROPOSALS NUMBER AND/OR TITLE OF REQUEST FOR PROPOSALS
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:
(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 Proposals.
(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 Request for
Proposals.
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.
2.11. CONTRACT ADMINISTRATOR
Upon award, selected Proposer shall report and work directly with Jose Fernandez and/or Marisol Artiles, who shall
be designated as the Contract Administrator.
2.12. SUBCONTRACTOR(S) OR SUBCONSULTANT(S)
A Sub -Consultant, herein known as Sub-Contractor(s) is an individual or fnin contracted by the Proposer or
Proposer's flint 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
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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
selected Proposer.
2.13. COMPLETE PROJECT REQUIRED
These specifications describe the work required, enumerating or defining the extent of same necessary, but failure to
list any aspect of the work under scope of the several sections shall not relieve the selected Proposer from
performing such work where required by any part of these specifications, or necessary to the satisfactory completion
of the project.
2.14. TERMINATION
A. FOR DEFAULT
If selected Proposer defaults in its performance under this Contract and does not cure the default within 30 days after
written notice of default, the City Manager may terminate this Contract, in whole or in part, upon written notice
without penalty to the City of Miami. In such event the selected Proposer shall be liable for damages including the
excess cost of procuring similar 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 interests of the City of Miami. If 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.
2.15. 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
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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.
2.16. PRIMARY CLIENT (FIRST PRIORITY)
The selected Proposer 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 Proposer
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. UNAUTHORIZED WORK
The selected Proposer(s) shall not begin work until a Notice to Proceed has been issued by the Contract
Administrator.
2.18. 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.
2.19. METHOD OF PAYMENT
All payments are contingent upon completion of the required tasks. The project will be considered complete upon
performance of all tasks, and acceptance by the City of the deliverables outlined herein, including the presentation of
the findings,
2.20. COMPENSATION
Each Proposer shall detail any and all fees and costs to provide the required services as listed herein, on Appendix
A, Price Proposal Schedule. Proposer shall additionally provide a detailed list of all costs to provide all services, as
proposed. The City reserves the right to add or delete any service, at any time. Should the City determine to add an
additional service for which pricing was not previously secured, the City will ask the Successful Proposer to provide
reasonable cost(s) for same. Should the City determine the pricing unreasonable, the City reserves the right to
negotiate cost(s) or seek another vendor for the provision of said additional service(s).
Failure to submit compensation proposal on Appendix A, Price Proposal Schedule, as required may disqualify
Proposer from consideration.
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2.21. EVALUATION/SELECTION PROCESS AND CONTRACT AWARD
The procedure for response evaluation, selection and award is as follows:
(1) Solicitation issued.
(2) Receipt of responses
(3) Opening and listing of all responses received
(4) 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/Selection Committee (Committee), appointed by the City Manager, comprised of appropriate
City Staff and members of the community, as deemed necessary, with the appropriate technical expertise and/or
knowledge, shall meet to evaluate each response in accordance with the requirements of this Solicitation and based
upon the evaluation criteria as specified herein,
(6) The 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 Committee and shall be recorded.
(7) Following oral presentations, the Committee will re-evaluate, re -score and re -rank proposals, and submit the
results of their evaluation to the City Manager or designee with their recommendation to negotiate, for acceptance. If
the City Manager accepts the Committee's recommendation, the City will enter into negotiations with the
recommended Proposer for a contract for the required services.
(8) Such negotiations may result in contracts, as deemed appropriate by the City Manager. In any event the City
engages in negotiations with a single or multiple Proposers and/or requests best and final offers, the discussions may
include price and conditions attendant to price. Notwithstanding the foregoing, the City at its sole discretion may
award a contract on the basis of initial offers received, without discussions. Therefore, each initial offer should
contain the Proposer's best terms from a monetary and technical standpoint.
If the City and said Proposer(s) cannot reach agreement on a contract, the City reserves the right to terminate
negotiations and may, at the City Manager's discretion, begin negotiations with the next highest ranked Proposer(s).
This process may continue until a contract acceptable to the City has been executed or all proposals are rejected. No
Proposer shall have any rights against the City arising from such negotiations or termination thereof.
Any Proposer recommended for negotiations may be required to provide to the City its most recent certified
business financial statements as of a date not earlier than the end of the Proposer's preceding official tax accounting
period, together with a statement in writing, signed by a duly authorized representative, stating that the present
financial condition is materially the same as that shown on the balance sheet and income statement submitted, or
with an explanation for a material change in the financial condition. A copy of the most recent business income tax
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return will be accepted if certified financial statements are unavailable.
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 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.
Note; 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 Committees' recommendation(s) and, if
appropriate and required, approve the City Manager's recommendation(s). The City Commission shall review and
approve the negotiated Contract with the selected Proposer(s). The City Commission may also reject any or all
response.
2.22. ADDITIONAL SERVICES
Services not specifically identified in this request may be added to any resultant contract upon successful
negotiation and mutual consent of the contracting parties.
2.23. RECORDS
During the contract period, and for a least five (5) subsequent years thereafter, Successful Proposer shall provide
City access to all files and records maintained on the City's behalf.
2.24. TRUTH IN NEGOTIATION CERTIFICATE
Execution of the resulting agreement by the Successful Proposer shall act as the execution of truth -in -negotiation
certificate stating that wage rates and other factual unit costs supporting the compensation of the resulting
Agreement are accurate, complete, and current at the time of contracting. The original contract price and any
additions thereto shall be adjusted to exclude any significant sums by which City determines the contract price was
increased due to inaccurate, incomplete, or non -current wage rates and other factual unit costs. All such contract
adjustments shall be made within one (1) year following the end of the Agreement.
2.25. SURVIVAL
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The parties acknowledge that any of the obligations in this Agreement will survive the term, termination and
cancellation hereof. Accordingly, the respective obligations of the selected Proposer and the City under this
Agreement, which by nature would continue beyond the termination, cancellation or expiration thereof, shall survive
termination, cancellation or expiration hereof.
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3. Specifications
3.1. SPECIFICA'TIONS/SCOPE OF WORK
1) INTRODUCTION AND BACKGROUND
The City of Miami ("City") is seeking proposals from qualified actuarial consulting firms, with experience providing
services to local governments assessing public employee pension funds and public employee 401(a) retirement
plans. It is the City's intention to award a three-year contract, with two (2) additional two (2) year options to renew
periods, to the Proposer which best meets the City's needs, to act as the "City Actuary,"
The City is a defined benefit public retirement system serving general employees of the City. There are
approximately 25,000 active members and 17,000 retired members in the City. The plan was established in 1937 and
is administered according to the City's Charter, Article XI, and by related ordinances. The City has three different
pension plans:
A) The City of Miami Firefighters' and Police Officers' Retirement Trust (FIPO): The FIPO pension has
approximately 1,485 active members and 2,240 retired members this includes 354 DROP participants and 246
widows). The plan was established in 1940, and is administered according to the City of Miami Code, Chapter 40,
Article IV, Division 2, Sections 40-191 through 40-212, and by related ordinances. Employees make mandatory 7%
and 10% contributions to the Plan depending on the bargaining units to which they belong. The City also makes
51.62% contributions to the Plan in the current fiscal year. The plan is administered by an Administrator, who is
hired by the FIPO Trust Board, which has ultimate authority. The Trust has four (4) employees.
B) The City of Miami General Employees' and Sanitation Employees' Retirement Trust (GESE): The GESE
pension has approximately 1,546 active members and 2,031 retired members. The plan was established in 1985 and
is administered according to the City of Miami Code, Chapter 40, Article IV, Division 3, and by related ordinances.
Employees make mandatory 10% contributions to the Plan. The City also makes actuarially -determined
contributions to the Plan. The Plan is administered by an Executive Director who is hired by the GESE Trust Board
which has ultimate authority. The Trust has ten (10) employees.
C) The City of Miami Elected Officers' Retirement Trust (EORT): The EORT pension has approximately 11
members, The plan was established in 1980 and is administered according to Chapter 40, of the City Code, Article
IV, Division 4, and by related ordinances, The City also contributes to the Plan; for the 2015 fiscal year the required
contribution was $390,639 (including interest of $325.00). The plan is administered by the City's Finance Director.
2) MINIMUM OUALIFICATIONS REQUIREMENTS
The Proposer must clearly demonstrate achievement of the minimum qualifications for the Proposer's proposal to be
considered.
A) The Proposer shall have at least five (5) years of experience providing actuarial andactuarial related consulting
services to other United States public pension fund clients similar to services requested in this Solicitation.
B) The Proposer's lead Actuary must have at least ten (10) years of experience with major public employee
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retirement systems, or designation as a Fellow in the American Academy of Actuaries. The lead Actuary must
provide direct supervision over all services provided to the City, and be an employee of the selected Proposer,
regularly engaged in the business of providing actuarial services.
3) SCOPE OF SERVICES REOUIRED TO BE PERFORMED
Actuarial Services: The selected Proposer shall function in the fiduciary capacity as the City's Actuary and provide
comprehensive actuarial services for the City.
A. Consulting and Advisory Services
The selected Proposer shall:
a) Consult and advise the City as to those matters or questions of an actuarial nature, which will arise out of or from
the operations of the City. Services may be required in -person, by telephone, or by written correspondence.
Accessibility to services will be within one working day by telephone with the City Manager or designee.
b) Provide in -person presentations of, and public testimony on, all actuarial reports/issues to the City Commission
and other public bodies on any actuarial or actuarially -related issue arising during the course of operations of the
City.
c) Conduct educational discussions with the City Administration and/or other stakeholders, The selected Proposer
must have the ability to discuss actuarial theory and other matters in lay terms.
d) Make recommendations of possible improvements to the City's retirement plans position.
e) Keep the City informed of any significant regulatory, legal, or legislative changes and trends with respect to
actuarial issues.
f) The City will furnish the selected Proposer with all data and statistical information deemed necessary to perform
specified contract services, provided the data is available in the records and files of the City. The selected Proposer
shall load and reconcile all the data in the City's database. Selected Proposer shall provide feedback on the content
of the data files and make suggestions for modifications to ensure that the full range of data needed for costing
proposed ordinances or legislation, performing actuarial valuations and reviewing experience studies is maintained.
g) the selected Proposer shall review, develop and provide various actuarial calculations necessary for the
calculation of member benefits provided by the City. The selected Proposer may also be required to work
cooperatively with the City Attorney's Office to comply with as -needed Internal Revenue Code work related
requirements.
B. Studies and Valuations
The selected Proposer shall perform:
a) Annual Actuarial Valuation of Retirement Benefits;
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b) Annual Actuarial Valuation of Health Subsidy Benefits;
c) Annual Recommendation of Assumptions Related Specifically to the Health Benefits;
d) Triennial Experience Study;
e) Assets and Liabilities Study of the Family Death Benefit Insurance Plan
C. Additional Miscellaneous Services
The selected Proposer may be required to perform the following miscellaneous services on an as needed basis:
a) Individual Benefit Cases: Occasional actuary reviews of individual benefit applications (i.e. complex marriage
dissolutions) and perform complex computations related to these cases;
b) Cost Estimates of Ordinance/Legislative Changes: Prepare actuarial cost estimates of proposed ordinances or
legislation. Provide timely financial impact estimates of planned statutory amendments;
c) Funding Policy Review and Recommendation; and
d) Other Actuarial Related Studies as required by the City.
D. General Requirements
The selected Proposer shall:
a) Treat all City information as confidential as defined in the Confidentiality and Non -Disclosure of Member
Information Policy. This applies to all data created, gathered, generated, or acquired within the scope of the contract.
The selected Proposer shall notify the City immediately if there are any breaches to the confidentiality of the City's
confidential information. The breach of this agreement is subject to cancellation of Agreement and the selected
Proposer being held liable for damages.
b) Maintain confidential any information resulting from this engagement except with written consent from the City
Manager or designee, prior to the release of any such information. This includes, but will not be limited to, press
releases, research, reports, and any publicity given to the selected Proposer for work provided under the resulting
contract. The City will be creditedas the sponsoring agency.
c) Refer all requests, reports, and all other communication that use the City's database through the City Manager or
designee.
d) Notify the City immediately of any anticipated changes in personnel assigned under the terms of this
engagement. The selected Proposer shall submit resumes of any proposed replacement personnel, and obtain written
approval from the City for any change in the personnel assigned to the work.
e) Notify the City's staff in writing in the event that any conflict of interest or possible conflict of interest is
discovered regarding the provision of these services.
f) Document discussion ideas, issues, and extended services. Share responsibility with the City for documenting in
writing all ideas and issues raised in discussions and meetings.
Note: In order to allow the City to prepare the data sources that may be required for the tasks herein, the selected
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Proposer shall submit a draft Plan of Action to the Contract Administrator for review and approval at the individual
project planning meeting. The selected Proposer shall work closely with the Contract Administrator to finalize the
plan. Upon approval of the plan by the City, the selected Proposer shall commence immediately.
E. Schedule and Reports
The selected Proposer shall issue a written draft comprehensive report, containing conclusions and
recommendations to the Contract Administrator, at the time specified by the Contract Administrator. The
comprehensive report shall contain a) the results of the annual actuarial valuations of retirement benefits, b) annual
recommendation or assumptions related specifically to the health benefits, c) the triennial experience study, and d)
the assets and liabilities study of the family death benefits insurance plan.
The hard copy and electronic copy of the draft report shall be delivered to the City's Contract Administrator. The
selected Proposer will be advised by the Contract Administrator of any concerns and or questions regarding the
report.
Once the city concerns and or questions have been adequately addressed, the selected Proposer shall provide the
final comprehensive report to the Contract Administrator no later than the time specified by the Contract
Administrator. Results of the study shall ne presented in a written actuarial report and shall include:
a) Executive Summary presenting the summary of the findings, including the analysis and recommendations, and
b) Technical appendix containing the details of the analysis that support the findings.
F. Meetings
Selected Proposer and appropriate City staff shall participate in as many meetings as deemed necessary to present
the findings or assumptions of the actuarial study. These meetings shall be conducted typically via teleconferencing,
but may periodically be required to be in -person. The City does not anticipate more than three in person meetings.
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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.
ALL RESPONSES WILL BE SUBMITTED IN HARDCOPY FORMAT ONLY TO INCLUDE ONE
ORIGINAL AND SEVEN (7) COPIES. NO ON-LINE SUBMITTALS WILL BE ACCEPTED.
The responses to this solicitation shall be presented in the following format. Failure to do so may deem your
Proposal non -responsive.
A. Include the signed RFP Certification Statement.
B. Include in detail, evidence that clearly demonstrates Proposer meets the minimum qualification
requirements, pursuant to Section 3.1(2), Proposer's Minimum Qualifications
1. COVER PAGE
The Cover Page should include the Proposer's name; Firm's Liaison for the Contract; Primary Office Location;
Local Business Address, if applicable; Business Phone and Fax Numbers, if applicable; Email addresses; Title of
RFP; RFP Number; Federal Employer Identification Number or Social Security Number.
2. TABLE OF CONTENTS
The table of contents should outline, in sequential order, the major sections of the Proposal as listed below,
including all other relevant documents requested for submission. All pages of the Proposal, including the enclosures,
should be clearly and consecutively numbered and correspond to the table of contents.
3. EXECUTIVE SUMMARY
A signed and dated summary of not more than two (2) pages.
4. MINIMUM OUALIFICATION REOUIREMENTS
The Proposer shall provide documentation that demonstrates Proposer's ability to satisfy all of the minimum
qualification requirements. Refer to Section 3.1(2) for the requirements. Proposers who do not meet the minimum
qualification requirements or who fail to provide supporting documentation, may not be considered for award.
5. PROPOSER INFORMATION
Proposer's Experience and Past Performance
1) Describe the Proposer's past performance andexperience and state the number of years that the Proposer has
been in existence, the current number of employees, and the primary markets served.
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2) Describe the Proposer's past performance and experience providing actuarial and actuarial related consulting
services to three (3) public pension fund clients within the United States, similar to those described herein. The
description should identify for each project:
(i) client,
(ii) description of work,
(iii) total dollar value of the contract,
(iv) contract duration,
(v) customer contact person and phone number for reference,
(vi) statement of whether Proposer is/was the prime contractor or subcontractor or sub -consultant, and
(vii) the results of the project.
Where possible, list and describe those projects performed for government clients or similar size.
3) Describe any other experiences related to the actuarial work or services described in the Scope of Services, and
any other information which may be specific to the required services to be provided.
4) Describe Proposer's experience in providing presentations and public testimony on actuarial reports/issues.
Provide a sample presentation given within the past three years.
5) Provide information concerning any prior or pending litigation, either civil or criminal, involving a
governmental agency or which may affect the performance of the services to be rendered herein, in which the
Proposer, any of its employees or subcontractors is or has been involved within the last three years.
Key Personnel and Subcontractors Performing Services
6) Provide a list showing all key personnel (including lead Actuary), including their titles, to be assigned to this
project. This list must clearly identify the Proposer's employees and shall include the functions to be performed by
the key personnel. All key personnel includes all partners, managers, seniors and other professional staff that will
perform work and/or services in this project.
7) Describe the experience, qualifications and other vital information, including relevant experience on previous
similar projects, of all key personnel, including lead actuary, and subcontractors or subconsultants who will be
assigned to this project. Include resumes with job descriptions and other detailed qualification
information. Provide proof of actuary title or certificate for key individual(s) primarily responsible for this actuarial
study. Describe lead Actuary's related experience over the past ten (10) years providing actuarial services for major
public employee retirement systems, including experience supervising actuarial services as the lead Actuary.
Provide documentation that the lead Actuary is designated as a Fellow in the American Academy of Actuaries.
8) Provide the names and addresses of all major first tier subcontractors or subconsultants, and describe the extent
of work to be performed by each first tier subcontractor or subconsultant.
Note: After proposal submission, but prior to the award of any contract issued as a result of this Solicitation,
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the Proposer has a continuing obligation to advise the City of any changes, intended or otherwise, to the key
personnel identified in its proposal.
Proposed Approach and Methodology to Providing the Services
9) Describe Proposer's approach and methodology to provide the tasks and deliverables as specified herein.
Provide a project schedule identifying specific key tasks and duration in order to meet deadlines.
10) Provide a list of improvements to retirement plans for the three comparable contracts listed above, and the
outcome. Describe how Proposer has applied the proposed project approach in comparable contracts to make
recommendations to improve programs, and describe the net effect outcome of those recommendations.
11) Provide a sample of the summary of the studies listed in Section 3.1 (3) Scope of Services, that the Proposer
has completed within the past five years, for a client of similar size and complexity.
Note: The Evaluation/Selection Committee will use the information provided in the proposal to determine
the Proposer's demonstrated understanding and ability to address the City's unique needs. Pursuant to
Section 5.1, Evaluation, this criteria has the weight of 25 points out of a total of 100 points.
Proposed Price
12) Proposer shall state its price for providing all services as stated in this Solicitation. Proposer shall submit
pricing stated as a flat, fixed price per year, which shall include all expenses necessary for the requested services.
Proposer must use Appendix A, Price Proposal Schedule.
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5. Evaluation Criteria
5.1. EVALUATION CRITERIA
Review of Proposals for Responsiveness
Each proposal will be reviewed to determine if the proposal is responsive to the submission requirements outlined in
this Solicitation. A responsive proposal is one which follows the requirements of this Solicitation, includes all
documentation, is submitted in the format outlined in this Solicitation, is of timely submission, and has the
appropriate signatures as required on each document. Failure to comply with these requirements may result in the
proposal being deemed non -responsive.
5.2 Evaluation Criteria
Proposals will be evaluated and ranked by an Evaluation/Selection Committee based on criteria listed below. The
Evaluation/Selection 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 total of one hundred (100) points per Evaluation/Selection Committee member.
Technical Criteria and Points
1. Proposer's relevant experience, qualifications, and past performance in related projects (25)
2. Relevant experience and qualifications of Proposer's lead actuary and key personnel, including key personnel
of subcontractors, that will be assigned to this project, and experience and qualifications of subcontractors Lai
3. Proposer's demonstrated understanding and ability to address the City's unique needs (25)
4) Proposer's approach and methodology to providing the services requested in this Solicitation (25)
Price Criteria and Points
5) Proposer's proposed price (10)
Local Office
Local Office, as defined in Section 18-73 of the Code (5%)
Note: Pursuant to City Code, Section 18-86, the solicitation includes a five percent (5%) evaluation criteria in favor
of proposers who maintaina local office as defined in Section 18-73.
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ANNIE PEREZ, CPPO DANIEL J, ALFONSO
Procurement Director City Manager
ADDENDUM NO. 1
DATE: May 26, 2015
TO: ALL PROSPECTIVE PROPOSERS
SUBJECT: REQUEST FOR PROPOSAL (RFP) NO.: 484326
TITLE: Actuarial and Actuarial Related Consulting Services
This Addendum becomes a part of the subject solicitation.
The deadline for receipt of proposals for RFP484326 has been extended to June 10, 2015, at 3:00 PM
(Local time), to allow for responses to questions received.
All other information remains the same.
APPROVED:
Annie 1e2, CPPO, Director of Procurement Date
AP:Io
c. Lydia Osborne, CPPO, Assistant Director of Procurement
Christopher Rose, Director, Office of Management and Budget
ANNIE PEREZ, CPPO DANIELJ. ALFONSO
Procurement Director City Manager
ADDENDUM NO. 2
DATE: May 27, 2015
TO: ALL PROSPECTIVE PROPOSERS
SUBJECT: REQUEST FOR PROPOSALS (RFP) NO.: 484326
TITLE: Actuarial and Actuarial Related Consulting Services
This Addendum becomes a part of the subject solicitation.
The following are the inquiries received and the corresponding responses:
1. When does the City expect to provide responses to bidder questions? Is the City willing to
delay the submission due date to allow for time to incorporate changes prompted by responses
to bidder's questions?
Answer: Pursuant to Addendum No. 1, the deadline for receipt of proposals for RFP484326 has
been extended to June 10, 2015, at 3:00 PM (local time), to allow for responses to questions
received. Reponses to applicable inquiries received by the due date will be compiled and issued
via addendum within the next two days.
2. What is required for the RFP Certification Statement? What is the Proposer certifying?
Answer: Please read the Certification Statement carefully, as this contains the information you
are requesting. Note that failure to complete, .sign, and return this form shall disqualify your
proposal,
3. Is there anything we need to complete on the iSupplier site for this solicitation or is the hard
copy submission all that is needed?
Answer: No. All responses shall be submitted in hard copy only. No online submittals will be
accepted.
All other information remains the. same.
APPROVED:
Annie
ez, CPPO, Director of Procurement Date
AP:Io
c. Lydia Osborne, CPPO, Assistant Director of Procurement
Christopher Rose, Director, Office of Management and Budget
ANNIE PEREZ, CPPO
Procurement Director
ADDENDUM NO. 3
DATE: June 2, 2015
TO: ALL PROSPECTIVE PROPOSERS
SUBJECT: REQUEST FOR PROPOSALS (RFP) NO.: 484326
TITLE: Actuarial and Actuarial Related Consulting Services
This Addendum becomes a part of the subject solicitation.
DANIEL J. ALFONSO
City Manager
The deadline for receipt of proposals for RFP484326 has been extended to June 24, 2015, at 3:00 PM
(local time), to allow for responses to questions received.
All other information remains the same.
APPROVED:
Annie Perez, CPPO, Director of Procurement Date
.AP:lo
c. Lydia Osborne, CPPO, Assistant Director of Procurement
Christopher Rose, Director, Office of Management and Budget
Pablo R. Velez, Assistant City Attorney
ANNIE PEREZ, CPPO DANIEL J. ALFONSO
Procurement Director City Manager
ADDENDUM NO. 4
DATE: June 18, 2015
TO: ALL PROSPECTIVE PROPOSERS
SUBJECT: REQUEST FOR PROPOSALS (RFP) NO.: 484326
TITLE: Actuarial and Actuarial Related Consulting Services
Thls Addendum becomes a part of the subject solicitation.
The deadline for receipt of proposals for RFP484326 has been extended to July 2, 2015, at 3:00 PM
(local time), to allow additional time to respond to questions received.
All other information remains the same.
APPROVED: I
Annie P rez,CPPO, Director of Procurement Date
AP:Io
c. Lydia Osborne, CPPO, Assistant Director of Procurement
Christopher Rose, Director, Office of Management and Budget
Pablo R. Velez, Assistant City Attorney
ANNIE PEREZ, CPPO DANIELL ALPONSO
Procuremeht Director City Manager
ADDENDUM NO. 5
DATE.: June 30, 2015
TO: ALL PROSPECTIVE PROPOSERS
SUBJECT: REQUEST FOR PROPOSALS (RFP) NO.: 484326
TITLE: Actuarial and Actuarial Related Consulting Services
This Addendum becomes a part of the subject solicitation.
The deadline for receipt of proposals for RFP484326 has been extended to July 15, 2015, at 3:00 PM
(local time), to allow additional time for responses to questions received.
All other information remains the same.
APPROVED:
(:()
ArtlaJe 1rez, CPPO, Director of Procurement Date
AP:Io
c. Lydia Osborne, CPPO, Assistant Director of Procurement
Christopher Rose, Director, Office of Management and Budget
Pablo R. Velez, Assistant City Attorney
ANNIE PEREZ, CPPO
Procurement Director
ADDENDUM NO, 6
DATE: July 13, 2015
TO: ALL PROSPECTIVE PROPOSERS
SUBJECT: REQUEST FOR PROPOSALS (RFP) NO.: 484326
TITLE: Actuarial and Actuarial Related Consulting Services
This Addendum becomes a part of the subject solicitation.
DANIEL J. ALFONSO
City Manager
The deadline for receipt of proposals for RFP484326 has been extended to July 30, 2015, at 3:00 PM
(local time), to allow additional time for responses to questions received. An addendum responding to
all applicable questionswill be issued under separate cover.
All other information remains the same.
APPROVED:
nie Perez, CPPO, Directp Procurement E
Alate
AP:lo
c. Lydia Osborne, CPPO, Assistant Director of Procurement
Christopher Rose, Director, Office of Management and Budget
Pablo R. Velez, Assistant City Attorney
ANNIE PEREZ, CPPO DANIEL J. ALFONSO
Procurement Director City Manager
ADDENDUM NO. 7
DATE: July 15, 2015
TO ALL PROSPECTIVE PROPOSERS
SUBJECT: REQUEST FOR PROPOSAL (REP) NO.: 484326
TITLE: Actuarial and Actuarial Related Consulting Services
This .Addendum becomes a part of the subject solicitation.
The following are the inquiries received and the corresponding responses:
I , Please provide the reason the City has issued a solicitation for these services at this time,
Answer: The City issued this solicitation because it is in need of an Actuary to provide
services for retirement plans and options; the City has been without this for over a year,
2. What are the fees paid to the current actuary providing these services to the City?
Answer:. There is no current actuarial provider, therefore there are no fees.
3. a) What firm provides these services currently? b) How long has the City used the current
firm for your actuarial services? c) Please provide the contract under which the incumbent city
actuary has provided these services.
Answers: a) None, there is no actuarial provider. b) Not applicable. c) Not applicable.
4. Please provide a description of the retiree comprehensive medical coverage.
Answer: Not applicable because this solicitation is for retirement plans and options.
5. How many plan medical benefit designs are available for retirees to choose from?
Answer: Not applicable because this solicitation is for retirement plans and options.
6. Are the benefits the same across all Trusts (The City of Miami's Firefighters' and Police
Officers' Retirement [FIP0]; the City of Miami's General Employees' and Sanitation
Employees' Retirement [GESE]; and the city of Miami Elected Officers' Retirement [EORT])?
Answer: No, the pension benefits for each Trust are different.
7. Please confirm whether the Proposer is expected to do a full annual actuarial valuation of the
three retirement systems,
Answer: No, the Proposer will be requested to do actuarial valuations on an as -needed basis.
8, What are the eligibility rules for retiree comprehensive medical benefits?
Answer: Not applicable because this solicitation is for retirement plans and options.
9. Please provide the latest: a) Health valuation report(s); b) Triennial experience study; and c).
Assets and liabilities study of the Family Death Benefit Insurance plan.
Answer: Not applicable because this solicitation is for retirement plans and options.
10. a) Please confirm that there are a total of three (3) retirement plan actuarial valuations
included in the scopeof services; and b) provide the most recent actuarial valuation reports
for the following;
• Valuation for the City of Miami Firefighters' and Police Officers' Retirement Trust
(Attachment A)
• Valuation for the City of Miami General Employees' and Sanitation Employees'
Retirement Trust (Attachment B)
• The City of Miami Elected Officer's Retirement Trust (Attachment C)
Answers: a) Yes, there are three retirement plan actuarial valuations included in the scope of
services but the valuations will be required on an as- needed basis, not on an annual basis.
b) The aforementioned actuarial valuation reports are attached and labeled as specified
above.
11. Is the City looking to consolidate all of the retirement valuations with one provider? If not,
should separate fee quotes be given for each individual plan?
Answer: Yes, on an as -needed basis,
12. Please confirm that the proposed fees should include the triennial experience studies for each
of the plans that are Included in the scope of services. Also, please provide a copy of the
latest triennial experience studies.
Answer: Not applicable as the City issued this solicitation because it is in need of an Actuary
to provide services only for retirement plans and options.
13, Please confirm that the first annual valuation will be performed as of October 1, 2015. Also,
please confirm the scope of services and proposed fees should include the annual actuarial
valuations under Florida Statute Chapter 112 as well as the reporting requirements under
Governmental Accounting Standards.
Answer: The first annual solicitation will not be performed before October 1st, 2015 and will
only be on an as- needed basis. Yes, the valuations will be in compliance with Florida Statute
Chapter 112 as well as the reporting requirements under Governmental Accounting
Standards.
14, Please confirm that the scope of services and proposed fees should include an actuarial
valuation of health subsidy benefits? If so, please provide the most recent actuarial valuation
report/recommendations for assumptions related to health benefits and details regarding the
benefits.
Answer: No, it will not include an actuarial valuation of health subsidy benefits; this solicitation
was issued because it is in need of an actuarial to provide services for retirement plans and
options.
15. Please confirm that the scope of services and proposed fees should include an asset liability
study for the Family Death Benefit Insurance Plan and provide the most recent asset liability
study and details regarding the plan.
Answer: No, all studies and valuations associated with health benefits are stricken from this
REP solicitation.
16. The RFP references multiple benefit plans that will require regular actuarial valuations and
experience studies. Could we receive copies of the most recent actuarial valuations and
experience reviews for each of the following plans?
a) GESE Retirement Trust; (Attachment 8)
b) GESE Staff Plan; (Attachment D)
c) GESE Excess Plan;(Attachment E)
d) FIPO (Attachment A)
e) EORT; (Attachment C)
f) OPEB Plan (split between non -police and police); (Attachments F and G, respectively)
g) Family Death Benefit Insurance Plan. N/A
Answer: The aforementioned actuarial valuation reports are attached and labeled as
specified above,
17. The special conditions do not include any statement regarding the Bid Bond. Can we assume
that none is required?
Answer: Yes, none are required.
18. Please provide the following most recent reports:
a) Annual actuarial valuation funding report, GASB 67 report, and any experience studies for
the FIPO plan; (Attachment A)
b) Annual actuarial valuation funding report, and any experience studies for the GESE plan;
(Attachment B)
c) Annual actuarial valuation funding report, GASB 67 report, and any experience studies for
the EORT plan; (Attachment C)
d) GASB 45 OPEB annual actuarial valuation report. (Attachments F and G, respectively)
Answer: The aforementioned actuarial valuation reports are attached and labeled as specified
above.
19. Does the City desire any improvements to the services currently being provided, either quality
or scope?
Answer: The City does not have an actuarial at this time. The services known to be needed at
this time are included in the RFP.
20. Please provide the fees paid for the pension related city actuary services for each of the lest
three (3) years for all the pension plans under review.
Answer: The various trusts pay for these annual services. The City does not have direct
access to this information.
21. Please provide the fees paid for the annual actuarial report for the FIPO plan for:
a) To the City Actuary for the most recent actuarial report.
b) To the retirement System for the most recent actuarial report.
Answer: The various trusts pay for these annual services. The City does not have direct access
to this information.
22. Please provide the fees paid for the annual actuarial report for the GESE plan for:
a) To the City Actuary for the most recent actuarial report.
b). To the retirement System for the most recent •actuarial report.
Answer: The various trusts pay for these annual services. The City does not have direct access
to this information.
23. Please provide the fees paid for the OPEB related services for the most recent actuarial
report.
Answer: N/A
24. Section 3.3 (A)(g) states that the Scope includes providing "various actuarial calculations
necessary for the calculation of members benefits". That sounds like it is the benefit
calculations for benefits due members, is that the role of the Retirement Systems' staff or
actuary, or is it that the role of the City's Actuary? Alternatively, does this RFP's scope
contemplate reviewing selected benefit calculation work already performed by the System's
staff or actuary?
Answer: Annual valuations are the responsibility of each Retirement Trust. This RFP
solicitation is for an actuarial to provide services for retirement plans and options on an as-
needed basis.
All other information remains the same.
APPROVED:
Annie P
PPO, Director of Procurement Date
AP:lo
c. Lydia Osborne, CPPO, Assistant Director of Procurement
Christopher Rose, Director Office of Management and Budget
i
ANNIE PEREZ, CPPO
Procurement Director
ADDENDUM M NO. 8
DANIELJ. ALFONSO
City Manager
DATE: July 16, 2015
TO: ALL PROSPECTIVE PROPOSERS
SUBJECT: REQUEST FOR PROPOSAL (RFP) NO.: 484326
TITLE: Actuarial and Actuarial Related Consulting Services
This Addendum becomes a part of the subject solicitation.
A. Pursuant to Addendum No. 7, Section 3.1, Specifications/Scope •of Work has been deleted in its
entirety, and replaced with Attachment A, to reflect minor changes to the Scope. Items noted with a
strikethrough are removed. Items noted with an underline in green are added. The attachment was
inadvertently omitted from Addendum No. 7, and is hereby attached.
All other information remains the same.
APPROVED: -4\ I
Annie Per z,-CPPO, Director of Procurement Date
AP:lo
c. Lydia. Osborne, CPPO, Assistant Director of Procurement
Christopher Rose, Director Office of Management and Budget
Addendum No. 8, Attachment 1
SECTION 3.1 SPECIFICATIONS/SCOPE OF WORK
1) INTRODUCTION AND BACKGROUND
The City of Miami ("City") is seeking proposals from qualified actuarial consulting firms, with
experience providing services to local governments assessing public employee pension funds and
public employee 401(a) retirement plans. It is the City's intention to award a three-year contract,
with two (2) additional two (2) year options to renew periods, to the Proposer which best meets
the City's needs, to act as the "City Actuary."
The City is has three different defined benefit public retirement system plans serving employees
of the City. There are approximately 25,0003,000 active members and 17,0004,300 retired
membersin the three plans. They are:
A) The City of Miami Firefighters' and Police Officers' Retirement Trust (FIPO): The FIPO
pension has approximately 1,485 active members and 2,240 retired members this includes 354
DROP participants and 246 widows). The plan was established in 1940, and is administered
according to the City of Miami Code, Chapter 40, Article IV, Division 2, Sections 40-191
through 40.212, and by related ordinances. Employees make mandatory 7% and 10%
contributions to the Plan. depending on the bargaining units to which they belong. The City
also makes 51.62% contributions to the Plan in the current fiscal year. The plan is administered
by an Administrator, who is hired by the FIPO Trust Board, which has ultimate authority. The
Trust. has four (4) employees.
B) The City of Miami General Employees'. and Sanitation Employees' Retirement Trust
(GESE): The GESE. pension has approximately 1,546 active members and 2,031 retired
members. The plan was established in 1985 and is administered according to the City of Miami
Code, Chapter 40, Article IV, Division 3, and by related ordinances. Employees make
mandatory 10% contributions to the Plan. The City also makes actuarially -determined
contributions to the Plan, The Plan is administered by an Executive Director who is hired by
the GESE Trust Board which has ultimate authority. The Trust has ten (10) employees,
C) The City of Miami Elected Officers' Retirement Trust (EORT): The EORT pension has
approximately 11 members, The plan was established in 1980 and is administered according
to Chapter 40, of the City Code, Article IV, Division 4, and by related ordinances, The City
also contributes to the Plan; for the 2015 fiscal year the required contribution was $390,639
(including interest of $325.00). The plan is administered by the City's Finance Director.
Additionally, the City sponsors a defined contribution plan, administered by the International
City/County Management Association (ICMA).
2) MINIMUM "QUALIFICATIONS REQUIREMENTS
The Proposer must clearly demonstrate achievement of the minimum qualifications for the
Proposer's proposal to be considered.
A) The Proposer shall have at least five (5) years of experience providing actuarial and
actuarial related consulting services to other United States public pension fund clients.
similar to services requested in this Solicitation.
B) The Proposer's lead Actuary must have at least ten (10) years of experience with major
public employee retirement systems, or designation as a Fellow in the American Academy
of Actuaries. The lead Actuary must provide direct supervision over all services provided
to the City, and be an employee of the selected Proposer, regularly engaged in the business
of providing actuarial services,
3) SCOPE OF SERVICES REQUIRED TO BE PERFORMED
Actuarial Services: The selected Proposer shall function in the fiduciary capacity as the City's
Actuary and provide comprehensive actuarial services for the City on an as -needed basis.
Generally, the services provided will be that of verifying the actuarial valuations of the outside
trusts and their actuaries as well as providing valuations on new plans and options on an as -needed
basis.
A. Consulting and Advisory Services
The selected Proposer shall:
a) Consult and advise the City as to those matters or questions of an actuarial nature, which
will arise out of or from the operations of the City. Services may be required in -person, by
telephone, or by written correspondence. Accessibility to services will be within one
working day by telephone with the. City Manager or designee.
b) Provide in -person presentations of, and public testimony on, all actuarial reports/issues
to the City Commission and other public bodies on any actuarial or actuarially -related issue
arising during the course of operations of the City.
c). Conduct educational discussions with the City Administration and/or other stakeholders.
The selected. Proposer must have the ability to discuss actuarial theory and other matters in
lay terms.
d) Make recommendations of possible improvements to the City's retirement plans
position.
e) Keep the City informed of any significant regulatory, legal, or legislative changes and
trends with respect to actuarial issues.
f) The City will furnish the selected Proposer with all data and statistical information
deemed necessary to perform specified contract services,provided the data is available in
the records and files of the City. The selected Proposer shall load and reconcile all the data
in the City's database. Selected Proposer shall provide feedback on the content of the data
files and make suggestions for modifications to ensure that the full range of data needed
for costing proposed ordinances or legislation, performing actuarial valuations and
reviewing experience studies ismaintained.
g) The selected Proposer shall review, develop and provide various actuarial calculations
necessary for the calculation of member benefits provided by the City. The selected
Proposer may also be required to work cooperatively with the City Attorney's Office to
comply with as -needed Internal Revenue Code work related requirements.
B. Studies and Valuations
The selected Proposer shall perform a) Annual Actuarial Valuations of existing and future
Retirement Benefits.
b)
nl A nn-ua n ..n i tion o f Assumption
-�s related specifically to the Health Benefits;
—d)—Tpiennial Experience Stu y
e)-Assets-and Liabilitie., St o.f the family death Benefit Insurance Plan.
C. Additional Miscellaneous Services
The seleoted Proposer may be required to perform the following miscellaneous services on
an as needed basis:
a) Individual Benefit Cases: Occasional actuary reviews of individual benefit
applications (i.e. complex marriage dissolutions) and perform complex computations
related to these eases;
b) Cost Estimates of Ordinance/Legislative Changes: Prepare actuarial cost estimates of
proposed ordinances or legislation. Provide timely financial impact estimates of planned
statutory amendments;
c) Funding Policy Review and Recommendation; and
d) Other Actuarial Related Studies as required by the City.
D. General Requirements.
The selected Proposer shall:
a) Treat all City information as confidential as defined in the Confidentiality and Non -
Disclosure of Member information Policy. This applies to all data created, gathered,
generated, or acquired within the scope of the contract. The selected Proposer shall notify
the City immediately if there are any breaches to the confidentiality of the City's
confidential information. The breach of this agreement is subject to cancellation of
Agreement and the selected Proposer being held liable for damages.
b) Maintain confidential any information resulting from this engagement except
with written consent from the City Manager or designee, prior to the release of any such
information. This includes, but will not be limited to, press releases, research, reports, and
any publicity given to the selected Proposer for work provided under the resulting contract.
The City will be credited as the sponsoring agency.
c). Refer all requests, reports, and all other communication that use the City's database
through the City Manager or designee.
d) Notify the City immediately of any anticipated changes in personnel assigned under the
terms of this engagement. The selected Proposer shall submit resumes of any proposed
replacement personnel, and obtain written approval from the City for any change in the
personnel assigned to the work.
e) Notify the City's staff in writing in the event that any conflict of interest or possible
conflict of interest is discovered regarding the provision of these services.
f) Document discussion ideas, issues, and extended services. Share responsibility with the
City for documenting in writing all ideas and issues raised in discussions and meetings..
Note: in order to allow the City to prepare the data sources that may be required for the tasks
herein, the selected Proposer shall submit a draft Plan of Action to the Contract Administrator for
review and approval at the individual project planning meetings on an as -needed basis. The
selected Proposer shall work closely with the Contract Administrator to finalize the each
plan. Upon approval of the each plan by the City, the selected Proposer shall commence
immediately.
E. Schedule and Reports
The selected Proposer shall issue a written draft comprehensive report for each separate topic,
containing conclusions and recommendations to the Contract Administrator, at the time specified
by the Contract Administrator on an as -needed basis. The comprehensive report shall contain: a)
the results of the annual actuarial valuations of retirement benefits, b) annual recommendation or
assumptions related specifically to the health benefits, c) the triennial experience study, and d) the
assets and liabilities study of the family death. benefits insurance plan
The hard copy and electronic copy of the each draft report shall be delivered to the City's Contract
Administrator, The selected Proposer will be advised by the Contract Administrator of any
concerns and or questions regarding the report.
Once the city concerns and or questions have been adequately addressed, the selected Proposer
shall provide the final comprehensive report to the Contract Administrator no later than the time
specified by the Contract Administrator. Results of the study shall be presented in a written
actuarial report and shall include:
a) Executive Summary presenting the summary of the findings, including the analysis and
recommendations, and
b) Technicalappendix containing the details of the analysis that support the findings.
F. Meetings
Selected Proposer and appropriate City staff shall participate in as many meetings as deemed
necessary to present the findings or assumptions of the actuarial study. These meetings shall be
conducted typically via teleconferencing, but may periodically be required to be in -person. The
City does not anticipate more than three in -person meetings.
ANNIE PEREZ, CPPO DANIELJ, ALFONSO
Procurement Director City Manager
ADDENDUM NO. 9
DATE: July 21% 2015
TO: ALL PROSPECTIVE PROPOSERS
SUBJECT: REQUEST FOR PROPOSAL (RFP) NO.: 484326
TITLE: Actuarial and Actuarial Related Consulting Services
This Addendum becomes a part of the subject solicitation.
A. Appendix A, Price Proposal Schedule has been deleted and replaced in its entirety as Revised
Appendix A, to include a section for the breakdown of the not -to -exceed price and to add a column
for estimated hours.
B. The following are the inquiries received and the corresponding responses:
1. Can the City provide a copy of the most recent acceptance letter from the state actuary?
Answer: Please see attached Exhibit 1
2. Can the City provide a three (3) year history of fees paid to the current actuary, broken out
between fixed fees (valuation and experience review) and hourly rates (supplemental services)?
Answer: See attached Excel file, Exhibit 2, for the total payments on the last three years
agreements.
3. Please provide the fees paid for the annual actuarial report for the EORT plan for:
a) To the City Actuary for the most recent actuarial report; and b) to the retirement System for
the most recentactuarial report.
Answers: a) To the City Actuary for the most recent actuarial report, for the January 1, 2014
Actuarial Report, the City paid $11,600 for the preparation of the Annual Valuation Report and
$13,400 for additional services requested for a total of $25,000.
b) To the retirement System for the most recent actuarial report, per the attached report the
contribution for the 2014 plan year, if paid on 12/31/2014, is $390,314.
4. The RFP requires that the proposed price be a fiat, fixed price per year. The scope of work
appears to be variable from year to year, to be provided on an "as needed basis". Is the City
open to an arrangement whereby the actuary agrees to provide up to a certain number of hours
over the course of the contract for the agreed upon fees, but with the possibility of a contract
reopener if the work involved to complete the City's requests significantly exceeds the hours
stated? Similar►y, the fee shall be reduced if there is significantly less work than expected.
Answer: See Revised Appendix A.
APPROVED:
e Perez, CPPO, Director of Pro
AP:lo.
c. Lydia Osborne, CPPO, Assistant Director of Procurement
Christopher Rose, Director Office of Management and Budget
Actuarial and Actuarial Related Consulting Services RFP484326
REVISED APPENDIX A
PRICE PROPOSAL SCHEDULE
INSTRUCTIONS:
The Proposer's price shall be submitted on this Form, "Price Proposal Schedule", and in the
manner stated herein. Proposer is requested to fill in the applicable blanks on this form and to
make no other marks.
A. Actuarial Services and Actuarial Related Services
The Proposer shall state the not -to -exceed price for providing all actuarial services and actuarial
related services as stated. In the Scope of Services, excluding the "Additional Miscellaneous
Services", which is provided for in Section B, (below) are provided below. The price includes all
costs associated to provide these services, The Proposer shall also include estimated hours for
the Not to Exceed Price.
Term
Estimated Hours
Not -To -Exceed Price
1
Initial Term (Years 1-3)
$
2
First 2-year OTR Period
$
3
Second 2-year OTR Period
Note: The City will pay the selected Proposer at the hourly rate indicated below for any work
involved to complete the City's request if the work significantly exceeds the hours stated,
Similarly, the fee shall be reduced if there is significantly less work than anticipated.
B. Breakdown of Not -to -Exceed Price
The Proposer's should provide a breakdown of the proposed not -to -exceed price in the table
below. The breakdown shall include the not -to -exceed hourly rates for the various key staff levels
proposed to complete the actuarial and actuarial related services, as needed. At a minimum, the
list should include the Proposer's Protect Manager/Lead Individual, and Its key personnel to be
utilized.
Breakdown of Not to Exceed Price
Staff Position/ Classification
Proposed Maximum Hourly Rates
Initial Term
Years 1 - 3
OTR 1
Years 4-5
OTR 1
Years 6.7
Project Manager/Lead Individual
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
Actuarial and Actuarial Related Consulting Services
RL'P484326
B: Additional Miscellaneous Services
The City, from time to time, may require the additional services listed herein. These additional
services are related to, but not included in providing the Scope of Services in Section A, above,
The hourly rates to perform such additional services are by classifications as noted below.
Proposer should list, in the table below, not -to -exceed hourly rates for the various staff levels
proposed to complete required tasks for additional miscellaneous services. Compensation for
these services will be paid as needed, on an hourly basis.
Proposed Maximum Hourly Rates for Additional Miscellaneous Services
Staff Position/ Classification
I Proposed Maximum Hour
y Rates
Initial Term
Years 1 -3
OTR 1
Years 4-5
OTR 1
Years 6- 7
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
Notes:
1) The not -to exceed price in Section A, and the hourly rates in Sections B and C, shall remain
firm .and fixed for the term of the Contract, including any renewals or extensions thereof.
2) The proposed hourly rates above include all costs to include normal administrative fees,
such as telephone, mailing, faxes, duplication charges, overnight mail, and including all out
of pocket expenses, such as travel incurred in connection with the services (refer to
CH.112.061. of the Florida Statutes regarding travel expenses), per diem, and
miscellaneous costs and fees, which shall be incorporated in this price schedule, as they
will not be reimbursed separately by the City.
3) Notwithstanding the rates above, compensation to the selected Proposer shall be based
on the miscellaneous work assigned. The selected Proposer shall not exceed the
maximum hourly rates when calculating the not -to -exceed cost statement required for each
assignment. The City reserves the right to negotiate the final pricing on a project by project
basis, at the City's sole discretion,
4) The City anticipates an annual fee cap of no more than $100,000 for Additional
Miscellaneous Services.
5) The positions identified in the table above, shall be the same as the key positions identified
in the Proposer's proposal. The City expects that the key personnel, including the Lead.
Actuary, who will be performing the Actuarial Services and Actuarial Related Services, will
also perform the Additional. Miscellaneous Services, as needed.
ANNIE PEREZ, CPPO DANIEL J. ALFONSO
Procurement Director City Manager
ADDENDUM NO. 10
DATE: July 23, 2015
TO: ALL PROSPECTIVE PROPOSERS
SUBJECT: REQUEST FOR PROPOSAL (RFP) NO.: 484326
TITLE: Actuarial and Actuarial Related Consulting Services
This Addendum becomes a part of the subject solicitation.
The following are the inquiries received and the corresponding responses:
1. In reviewing your template contract, we did not see a limitation on direct damages clause in the
template included in the RFP. Our position is that such a clause is necessary before we sign
any services contract. Will you allow the bidder to insert such a clause for discussion during
contracting, or will you take the position that the bidder may not do so?
Answer: City contracts do not have a "limitation on direct damages clause". A firm may
include such a clause for discussion during contracting; however, the City is under no
obligation to accept the same.
2. We noted that the clause in your template regarding contractor's indemnification lacks any
requirement that the contractor have breached the terms before that clause is triggered. Please
let us know whether we will have the opportunity to consider mutually agreeable language,
including a limitation clause.
Answer: Like the answer provided in Question 1 above, City contracts do not have a
"limitation clause". A firm may include such a clause for discussion of "mutually agreeable
language" during contracting; however, again, the City is under no obligation to accept the
same.
3. We are unclear whether we will be bound to the terms you have provided, or whether they are
negotiable. Our position is that a proposal is not a binding contract. Please elaborate on your
view of that position.
Answer: Pursuant to RFP 484326 General Terms and Conditions Section 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 written agreement signed by the City
of Miami and Contractor."
4. On page 38 of the RFP, item 3, Scope of Services to Be Performed, states "Actuarial Services:
The selected Proposer shall function in the fiduciary capacity as the City's Actuary and provide
comprehensive actuarial services for the City." As actuaries, we do not have any control over
a Plans' finances and our work is not in the capacity of a fiduciary. Our proposal would add the
wording "to the extent we are deemed to be a fiduciary under applicable law." Please let us
know if this is acceptable to the City.
Answer: Yes, considering that as actuaries you do not have control over the City's finances
and your work is not in the capacity of a fiduciary per se, adding language reflecting "to the
extent we are deemed to be a fiduciary under applicable law" is acceptable.
APPROVED:444 6dimu2e, ePP6, Dom`
Annie Perez, CPPO, Director of Procurement Date
AP:Io
c. Lydia Osborne, CPPO, Assistant Director of Procurement
Christopher Rose, Director Office of Management and Budget
ANNIE PEREZ, CPPO DANIELJ. ALFONSO
Procurement Director City Manager
ADDENDUM NO. 11
DATE: July 27, 2015
TO: ALL PROSPECTIVE PROPOSERS
SUBJECT: REQUEST FOR PROPOSAL (RFP) NO.: 484326
TITLE: Actuarial and Actuarial Related Consulting Services
This Addendum becomes a part of the subject solicitation.
A. The deadline for receipt of proposals for RFP484326 has been extended to Tuesday, August 4,
2015, at 3:00 PM (local time), to allow additional time for responses to questions received.
B. The following are the inquiries received and the corresponding responses:
1. Is it accurate to state that the City is looking for an actuary to provide consulting advice and
education to City staff and other stakeholders, to independently evaluate the work of the Trusts'
actuaries, and to evaluate the impact of potential changes to plan provisions.
Answer: Yes, that is the most accurate way of stating what the City is seeking. In addition, special
studies/requests may be made.
2. In Addendum No. 8, all references to health plans and triennial experience studies were removed
from Section 3.1(3)(B), but then were added to Section 3.1(3)(E). It is our understanding from
Addendum #7, Question #9 that health plans are not included in this scope of work. Also, multi-
year experience reviews, which are used to set actuarial assumptions and methods used to
complete the annual valuations of a pension plan, are the purview of the Trusts' actuaries, and
not the city actuary. Please confirm that the reports provided to the City by the actuary engaged
as a result of this RFP, will not include experience studies, health plan reports, or insurance
valuations.
Answer: The reports provided to the City by the actuary engaged as a result of this RFP will not
include experience studies, health plan reports, or insurance valuations.
3. The City has provided copies of the OPEB reports for both the Police and the Employees other
than Police as Attachments F and G. In #15 of the City's responses to questions, in Addendum
#7, all studies and valuations associated with health benefits were to be stricken from the RFP.
Are the OPEB benefits, which include retiree health and life insurance, to be included in the
plans that the City's actuary maybe asked to study?
Answer: : The OPEB benefits, which include retiree health and life insurance, are not to be
included in the plans that the City's actuary may be asked to study as the primary activities of
this RFP. However, it may be a subject of a special study or "other associated work" contained
in Section 3.C., of the RFP.
4. As the ongoing actuaries for the City's various retirement plans are Cavanaugh MacDonald
Consulting, The Nyhart Company, Cowden Associates, and Arthur J. Gallagher & Co. precluded
from bidding on this project? Will the City's actuary be given permission to interact with these
actuarial firms when necessary to ensure that there is mutual understanding of the actuarial
data, assumption and methodologies in user?
Answer: Proposers with any conflict of interest or possible conflict of interest are precluded
from proposing on this RFP. The City's actuary will be given permission to interact with these
actuarial firms when necessary to ensure that there is mutual understanding of the actuarial
data, assumptions, and methodologies in use. However, since these companies work for a
third -party (the GESE and FIPO trusts), the City does not have the ability to compel them to
cooperate.
5. The City will be required to comply with GASB Statement No. 68 in its financial statements for
the fiscal year ended September 30, 2015. Will those accounting disclosures be provided by
the valuation actuaries for each Trust, or will the City's actuary be expected to prepare them?
Answer: Those accounting disclosures will be provided by the valuation actuaries for each Trust.
APPROVED: disc. O anze cox
Annie Perez, CPPO, Director of Procurement Date
AP:Io
c. Lydia Osborne, CPPO, Assistant Director of Procurement
Christopher Rose, Director Office of Management and Budget
ANNIE PEREZ, CPPO
Procurement Director
DANIEL J. ALFONSO
City Manager
ADDENDUM NO. 12
DATE: July 27, 2015
TO: ALL PROSPECTIVE PROPOSERS
SUBJECT: REQUEST FOR PROPOSAL (RFP) NO.: 484326
TITLE: Actuarial and Actuarial Related 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: *dia Odopiz
Annie Perez, CPPO, Director of Procurement Date
AP:Io
c. Lydia Osborne, CPPO, Assistant Director of Procurement
Christopher Rose, Director Office of Management and Budget
$17/0-7,/kr
CITY OF MIAMI LOCAL OFFICE CERTIFICATION
(City Code,. Chapter 18, Article III, Section 18-73)
Solicitation Type and Number: (i.e. IFQ/IFBTRFP/RFQ/RF.LI 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 bidsor 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, and be 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 preceding the 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 datebids 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-
time, on -site employment at the local office
for a minimum of forty (40) hours per
calendar week?
—
Y
YES
....,._
NO
If Bidder/Proposer's Local Office tenancy is
pursuant to a lease, has Bidder/Proposer
_enclo.sed_a-copy o`ithe-lease?
YES
—
NO
N/A
Has Bidder/Proposer enclosed a copy of the
Business Tax Receipt (BTR) issued by theEllCity of Miami and Miami -Dade County?
City of Miami:
YES
NO
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?
---
Y
YES
N
NO
Bidder/Proposer's signature below certifies compliance with the Local Office requirements stated under
Chapter 18/Article ITT, Section 18-73, of the Code of the City of Miami, Florida, as amended,
Print Name (Bidder/Proposer Authorized Representative)
Signature
2
Date
PORM-City of Mlarnl Local Office Certification
7/22/2013
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 -City of Miami Local Office Certification
7/22/2018
Actuarial and Actuarial Related Consulting Services RFP484326
APPENDIX A
PRICE PROPOSAL SCHEDULE
INSTRUCTIONS:
The Proposer's price shall be submitted on this Form, "Price Proposal Schedule", and in the
manner stated herein. Proposer is requested to fill in the applicable blanks on this form and to
make no other marks.
A. Actuarial Services and Actuarial Related Services
The Proposer shall state the not -to -exceed price for providing all actuarial services and
actuarial related services as stated in the Scope of Services, excluding the "Additional
Services", which is provided for in Section B, (below) are provided below. The price
includes all costs associated to provide these services.
Term
Not -To -Exceed Price
1
Initial TermYears 1-3)
$
2
First 2-year OTR Period
$
3
Second 2-year OTR Period
$
Notes:
1) The not -to exceed price shall remain firm and fixed for the term of the Contract, including
any renewals or extensions thereof.
2) The above price include normal administrative fees, such as telephone, mailing, faxes,
duplication charges, overnight mail, and out of pocket expenses, except travel expenses
incurred in connection with the services. Refer to CH.112.061 of the Florida Statutes
regarding travel expenses.
B: Additional Miscellaneous Services
The City, from time to time, may require the additional services listed herein. These additional
services are related to, but not included in providing the Scope of Services in Section A, above.
The hourly rates to perform such additional services are by classifications as noted below.
Proposer should list, in the table below, not -to -exceed hourly rates for the various staff levels
proposed to complete required tasks for additional miscellaneous services. Compensation for
these services will be paid as needed, on an hourly basis.
Proposed Maximum Hourly Rates for Additional Miscellaneous Services
Staff Position/
Classification
Initial Term OTR 1 OTR 1
Years 1 3 Years 4-5 Years 6- 7
Actuarial and Actuarial Related Consulting Services RFP484326
Notes:
1) The hourly rates shall remain firm and fixed for the term of the Contract, including any
renewals or extensions thereof.
2) The proposed hourly rates above include all costs, including all out of pocket expenses,
such as travel, per diem, and miscellaneous costs and fees, which shall be incorporated in
this price schedule, as they will not be reimbursed separately by the City.
1. Notwithstanding the rates above, compensation to the selected Proposer shall be based
on the miscellaneous work assigned. The selected Proposer shall not exceed the
maximum hourly rates when calculating the not -to -exceed cost statement required for each
assignment. The City reserves the right to negotiate the final pricing on a project by project
basis, at the City's sole discretion.
2. The City anticipates an annual fee cap of no more than $100,000 for Additional
Miscellaneous Services.
3. The positions identified in the table above, shall be the same as the key positions identified
in the Proposer's proposal. The City expects that the key personnel, including the Lead
Actuary, who will be performing the Actuarial Services and Actuarial Related Services, will
also perform the Additional Miscellaneous Services, as needed.