HomeMy WebLinkAboutRequest for ProposalsANNIE PER[ Z, C PPO
chief Piocuremont°fl r
ADDENDUM NO. 1
D NI L J, ALCaONSO
cly Manager
April 27, 2016
Request for Proposals (RFP) No. 647382, Emergency Medical Transport Billing and
Collection Services
TO: ALL PROSPECTIVE BIDDERS:
The following changes, additions, clarifications, and deletions amend the RFP documents of the
above captioned RFP, and shall become an integral part of the Contract Documents, Words
and/or figures stricken through shall be deleted. Underscored words and/or figures shall be
added. The remaining provisions are now in effect and remain unchanged. Please note the
contents herein and reflect same on the documents you have on hand.
A. The sample Professional Service Agreement (Agreement) is being deleted in its entirety due to
minor edits recommended by the City Attorneys office and replaced with the attached Revised
Agreement, located under the Header/Notes and Attachments section of this solicitation in the
Oracle/iSupplier Sourcing System.
B. The following are the City's responses to questions received from prospective proposers:
Q1. Will the City be releasing additional RFP documents relating to the scope of work and
specific questions?
Al The City will issue addenda as needed. Please refer to Section 2,4, Deadline for Receipt of
Request for Additional Information/Clarifications,
Q2. Who is the City's current Electronic Patient Care Reporting (ePCR) vendor?
A2. The City's current ePCR vendor is McKesson Corporation.
Q3. a) Is the billing vendor selected responsible for covering the costs of the City's ePCR
software and hardware, b) Is the City interested in additional ePCR software vendors,
and c) Is there any new hardware required at the start of the contract?
A3. a) No, b) No, and c) No.
Q4. What were the net charges for fiscal years (FY's) 2014 and 2015.
A4. The net charges for FY2014 were $21,232,052, and for FY2015, $16,581,524.
Page 1
Addendum No,1
I FP547382, Emergency Medical Transport Billing and Collection Services
Q5. What were the total collections for FY's 2014, and 2015.
A5. The total collections for FY 2014 were $9,187,724. For FY 2015, the total collections were
$7,696,184.
Q6. What was the average revenue collected per transport for FY's 2014 and 2015.
A6. The average revenue collected per transport for FY 2014 was $238.63. For FY 2015, the
average revenue collected per transport was $250.04.
Q7. What is the breakdown of FY 2014 and FY 2015 transports by primary payer for the
following categories?
A7. The breakdown of transports by primary payer for FYs 2014 and 2015 are as follows:
FY 2014
a. Medicare — 9,078
b. Medicaid — 10,252
c. Commercial Insurance — 7,555
d. Patient Pay — 11,980
FY 2015
a. Medicare — 5,643
b. Medicaid — 6,662
c. Commercial Insurance — 7.016
d. Patient Pay — 11,799
Q8. What was the average loaded mileage per transport?
A8. The average loaded mileage per transport was $2.59.
Q9. What was the number of transports for each call type for FYs 2014 and 2016,
A9. The number of transports for each call type in FYs 2014 and 2015 are as follows:
FY 2014
a. Advanced Life Support (ALS) Emergency — 29,741
b. ALS Non -Emergency 0
c. Basic Life Support (BLS) Emergency— 8,715
d. BLS Non -Emergency - 0
e. ALS 2- 409
f. Specialty Care Transport (SCT) - 0
FY 2015
a. ALS Emergency — 22,668
b. ALS Non -Emergency - 0
c. BLS Emergency 8,041
d. BLS Non -Emergency - 0
e. ALS 2 - 41.1
f. SCT -
Page 2
Addendum No,1
RFP547382, Emorgoiicy Medical Transport Billing and Collection Services
410. What are the current charges for each level of service?
A10. The current charges for each level of service are as follows,
a. ALS Emergency ($800)
b. ALS Non -Emergency (no charge)
o. BLS Emergency ($800)
d. BLS Non -Emergency ($800)
e. ALS 2 ($900)
f. SCT ($900)
g, Mileage ($15 per load mile)
h. Treatment No Transport (no charge)
411. a) What is the City's current practice for managing Notice of Privacy Practice (NPP),
and b) will the successful proposer be responsible for mailing NPP's?
Al 1. a) The City currently hand delivers the NPP to the patient at time of alarm, and b) No.
412. a) Does the City currently use a lockbox for all payments and correspondence, and b)
who is responsible for the cost of the Iockbox?
Al2. a) Yes, and b) The City pays for the lockbox.
413. Is the City only accepting proposals from companies based in Miami?
A13. Please refer to Section 2.8, Proposer's Minimum Qualifications.
ALL OTHER TERMS AND CONDITIONS OF THE REP REMAIN THE SAME.
AP/pb
Cc: RFP File
Sincerely,
ite ity/
fit
le Perez, CPPO
irector of Procurement
Page 3
ANNII3 PEREZ, CPPO DANIEL J. ALFONSO
Chief Proeurement Officer City Manager
May 6, 2016
ADDENDUM NO.2
Request for Proposals (RFP) No. 547382, Emerciency Medical Transport Billing and
Collection Services
TO: ALL PROSPECTIVE BIDDERS:
The following changes, additions, clarifications, and deletions amend the RFP documents of the
above captioned RFP, and shall become an integral part of the Contract Documents. Words
and/or figures stricken through shall be deleted. Underscored words and/or figures shall be
added. The remaining provisions are now in effect and remain unchanged. Please note the
contents herein and reflect same on the documents you have on hand.
The following are the City's responses to questions received from prospective proposers:
Q1 . What is the fee for services being charged by City's current billing service provider?
Al. The City's current billing service provider charges 6% of net collections, excluding Medicaid.
Medicaid is a flat fee of $7,50 per Medicaid account.
Q2. Are there other cost bundled in the current billing fee (i.e., Electronic Patient Care
Reporting (ePCR), hardware, training cost, etc.) vendor?
A2. There are no additional costs bundled in the current billing fee.
Q3. Will the Successful Proposer assume responsibility for any backlog of unbilled and/or
previously billed accounts?
A3. Yes. Please refer to Section 3.1, Item 3, Transition.
Q4. In the most recent fiscal or calendar year, what was the total amount :of actual cash
reimbursement realized by the City for ambulance transports?
A4. This question was addressed in Addendum No 1,
Page 1
Addendum No,2
RFP547382, Emergency Medical Transport Billing and Collection Services
Q5. Will the Successful Proposer be required to provide a bid and/or performance bond for
this contract?
A6. A bid and/or performance bond is not required for this contract.
06. What is the average loaded mileage from the scene to the receiving facility?
A6. The average loaded mileage from the scene to receiving facility is 2.59 miles.
ALL OTHER TERMS AND CONDITIONS OF THE RFP REMAIN THE SAME.
AP/pb
Cc: RFP File
Sincerely,
a arle
Anj4Perez, tPPO
Di ector of Procurement
Page 2
ANNIE PEREZ, CPPO DANIEL J, ALFONSO
Chief Procurement Officer City Manager
May 9, 2016
ADDENDUM NO.3
Request for Proposals (RFP) No. 547382,, Emergency Medical Transport Billing and
Collection Services
TO ALL PROSPECTIVE BIDDERS:
The following changes, additions, clarifications, and deletions amend the RFP documents
of the above captioned RFP, and shall become an integral part of the Contract Documents.
Words and/or figures stricken through shall be deleted. Underscored words and/or
figures shall be added. The remaining provisions are now in effect and remain unchanged.
Please note the contents herein and reflect same on the documents you have on hand.
The following are the City's responses to questions received from prospective proposers:
QI . How does the City want probate claims to be handled?
Al. The City expects probate claims to be handled no differently than any of the other
claims detailed in Section 3.0, Item 5, Billing Services,
02, How does the City want personal Injury protection claims to be handled?
A2. Please refer to Section 3.0, Item 6, Personal Injury Protection (PIP) Claims Review.
Q3. Will the bi-monthly meetings be on -site, in -person or can they be via conference
call?
A3. The bi-monthly meetings will be held on -site at a location of the City's choosing,
Q4. Will quarterly meetings be held on -site?
A4. Please refer to Section 3,0, Item 16 (3) of the solicitation.
Page 1
Addendum No.3
RFP547382, Emergency Medical Transport Billing and Collection Services
Q5. What rate is the City paying the current billing service provider?
A5. The question was addressed in Addendum No. 2.
Q6. Does the City's current billing provider McKesson provide delinquent account
collections?
A6. No.
Q7. What rate is the City paying the current billing service provider?
A7. The question was addressed in Addendum No. 2.
Q8. Does the City bill the same for residents and non-residents?
A8. The City has a non-resident fee which is not currently being charged, but may be
charged in the future. Successful Proposer shall be able to differentiate between
residents and non-residents.
Q9. What were the City's total adjustments in dollars for fiscal year 2015?
A9. Total adjustments in dollars for fiscal year 2015 were $18,160,510.
Q10. What was the City's total mandatory adjustments in dollars for fiscal year 2015
(Le., Medicare, Medicaid, Worker's Compensation, VA, Bankruptcy, Intercept,
Gunderson, Alliance, Blue Cross/Blue Shield, etc.)?
A10. The total mandatory adjustments for fiscal year 2015 were $10,380,079.
ALL OTHER TERMS AND CONDITIONS OF THE RFP REMAIN THE SAME.
Sincerely,
ier id a
ie erez, PPO
Director of Procurement
AP/pb
Cc: RFP File
Page 2
ANNIE PEREZ, CPPO DANIEL J. ALFONSO
Chief Procurement Officer City Manager
1,04 ON
May 12, 2016
ADDENDUM NO.4
Request for Proposals (RFP) No, 547382, Emergency Medical Transport Billing and
Collection Services
TO: ALL PROSPECTIVE BIDDERS:
The following changes, additions, clarifications, and deletions amend the RFP documents
of the above captioned RFP, and shall become an integral part of the Contract Documents.
Words and/or figures stricken through shall be deleted. Underscored words and/or
figures shall be added. The remaining provisions are now in effect and remain unchanged.
Please note the contents herein and reflect same on the documents you have on hand.
The following are the City's responses to questions received from prospective Proposers:
Q1 . a) Does the City balance bill its residents or operate an ambulance subscription
program; —and b) Outside oirhardshlp requests, are there instancehen the
City does not balance bill the patient?
Al. a) The City balance bills its residents, and there is no subscription program; and
b) No.
Q2. Does the City bill for treat and release calls, or treat and no transport calls? If
so, please provide the fee schedule, total charges, and total receipts.
A2. No, the City does not bill for treat and release, or treat and no transport calls.
Q3. Does the City balance bill residents after insurance payments/adjustments are
posted to the account?
A3. Yes.
Page 1
(
Addendum No.4
RFP547382, Emergency Medical Transport Billing and Collection Services
Q4. Does the City collect insurance information for the current billing vendor?
A4. Please refer to Section 3.0, Item 2 of the solicitation.
Q6, a) Please list transport hospitals; b) Associated transport volumes for each
hospital; and c) Does the current billing vendor maintain an electronic interface
for that hospital?
A6, a) and b) Please see Attachment 1, Hospital Transport Information.; c) The current
vendor captures information from all transport hospitals.
Q6. a) Who is responsible for paying credit card processing fees? and b) Will the
City provide a vendor account to process credit card transactions under?
A6, a) The City will be responsible for its own bank merchant fees. The Successful
Proposer will be responsible for any other fees necessary to facilitate the credit card
transaction from its patient portal, or Interactive Voice Response (IVR) systems. b)
The City will set up a vendor account.
Q7. Please provide a summary of 2014 and 2015 annual write-offs by type (Le. bad
debt, timely filing denial, not a covered service, etc.)
A7. This information is not readily available.
Q8. Please provide a summary of 2014, and 2015 contractual disallowances by
carrier (i.e. Medicare, Medicaid, UHC, Anthem, etc.)
A8. This information is not readily available.
Q9. a) Are only accounts with open Account Receivable (AR) balances being
converted, or will all accounts, including zero balance accounts being
converted, and b) how many years of history is required to be converted?
A9. a) Accounts with open AR balances, and all accounts with a zero balance for the last
two (2) years will also be converted. b) Any account with a balance, regardless of age,
will have to be converted.
Page 2
Addendum No.4
RFP547382, Emergency Medical Transport Billing and Collection Services
Q10, Please clarify the 2% deviation margin referenced in the first paragraph of Page
34. How is the basis the deviation is measured against populated? Since the
current billing vendor will be primarily driving the cash collections during this
60 day transition period what responsibility, how does the Successful Proposer
maintain "current existing performance levels?"
A10. As stated in Section 3, Item 3, Transition, the City Department will coordinate activities
with the incumbent to ensure a smooth transition. The Successful Proposer is
expected to maintain the current performance levels during the 60 day transition
period. However, a 2% or less margin of deviation will be accepted.
Q11. Does the City bill for Fire calls?
All. No.
ALL OTHER TERMS AND CONDITIONS OF THE RFP REMAIN THE SAME.
AP/pb
Sincerely,
Perez, C PO
Director of Procurement
Cc: RFP File
Page 3
Attachment No. 1 — Hospital Transport Information
Location
% of
Total
BAPTIST HOSPITAL (RESIDENT)
0 1%
BASCOM PALMER HOSPITAL
(RESIDENT)
0.1%
CORAL GABLES, HOSPITAL
(RESIDENT)
9.1%
CORAL GABLES HOSPITAL (NON
RESIDENT)
0.2%
DOCTORS HOSPITAL
2 4%
_(RES1DENT)
JACKSON MEMORIAL HOSPITAL (NON
RESIDENT)
0.1o/a
JACKSON MEMORIAL HOSPITAL
_.(RESIDEN1r)
30.7%
MERCY HOSPITAL(NON RESIDENT)
0.3%
MERCY HOSPITAL (RESIDENT)
13.3%
MT SINAI HOSPITAL (RESIDENT)
2,3%
MT SINAI HOSPITAL (NON RESIDENT)
0.1%
NICKLAUS CHILDRENS HOSPITAL
0.8%
NORTH SHORE HOSPITAL (NON
RESIDENT)
0.2%
NORTH SHORE HOSPITAL
IRESIDENT)
7.4%
NO TRANSPORT
0 1%
RYDER TRAUMA CENTER
1 i°/o
SOUTH MIAMI HOSPITAL (RESIDENT)
1.2°/0
U OF M HOSPITAL (NON RESIDENT)
0.3%
U OF M HOSPITAL (RESIDENT)
19.5%
V.A HOSPITAL (RESIDENT)
1 8%
City of Miami
Request for Proposals
(RFP)
Purchasing Department
Miami Riverside Center
444 SW 2nd Avenue, 6th Floor
Miami, Florida 33130
Web Site Address: http://ci.miami.fl.us/procurement
RFP Number:
Title:
Issue Date/Time:
RFP 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:
547382,4
RFP for Emergency Medical Transport
Billing and Collection Services
12-MAY-2016
18-MAY-2016 @ 14:00:00
None
Friday, May 06, 2016 @ 5:OOPM
Bethel, Pearl
City of Miami - City Clerk
3500 Pan American Drive
Miami FL 33133 US
PBethel@miamigov.com
(305)400-5340
Page 1 of 48
Certification Statement
Please quote on this form, if applicable, net prices for the item(s) listed. Return signed original and
retain a copy for your files. Prices should include all costs, including transportation to destination, The
City reserves the right to accept or reject all or any part of this submission. Prices should be firm for a
minimum of 180 days following the time set for closing of the submissions.
In the event of errors in extension of totals, the unit prices shall govern in determining the quoted
prices.
We (I) certify that we have read your solicitation, completed the necessary documents, and propose to
furnish and deliver, F.O.B. DESTINATION, the items or services specified herein.
The undersigned hereby certifies that neither the contractual party nor any of its principal owners or
personnel have been convicted of any of the violations, or debarred or suspended as set in section
18-107 or Ordinance No. 12271.
All exceptions to this submission have been documented in the section below (refer to paragraph and
section).
EXCEPTIONS:
We (I) certify that any and all information contained in this submission is true; and we (I) further certify
that this submission is made without prior understanding, agreement, or connection with any
corporation, firm, or person submitting a submission for the same materials, supplies, equipment, or
service, and is in all respects fair and without collusion or fraud. We (I) agree to abide by all terms and
conditions of this solicitation and certify that I am authorized to sign this submission for the submitter.
Please print the following and sign your name:
SUPPLIER NAME.
ADDRESS.
PHONE: FAX
EMAIL: BEEPER:
SIGNED BY.
TITLE: DATE.
FAILURE TO COMPLETE, SIGN, AND RETURN THIS FORM SHALL DISQUALIFY THIS BID.
Page 2 of 48
Certifications
Legal Name of Firm:
Entity Type: Partnership, Sole Proprietorship, Corporation, etc.
Year Established:
Office Location: City of Miami, Miami -Dade County, or Other
Business Tax Receipt Number:
Business Tax Receipt Issuing Agency:
Business Tax Receipt Expiration Date:
Please list and acknowledge all addendum/addenda received. List the addendum/addenda number and
date of receipt (i.e. Addendum No. 1, 7/1/07). If no addendum/addenda was/were issued, please insert
N/A.
If Proposer has a Local Office, as defined under Chapter 18/Article III, Section 18-73 of the City Code,
has Proposer filled out, notarized, and included with its RFP response the "City of Miami Local Office
Certification" form? YES OR NO? (The City of Miami Local Office Certification form is located in the
Oracle Sourcing system ("iSupplier"), under the Header/Notes and Attachments Section of this
solicitation)
Has Proposer reviewed the attached Sample Professional Services Agreement?
Does the Proposer acknowledge that the Attached Professional Services Agreement is an example of
the standard Agreement used in conjunction with the Services related to this solicitation and shall not be
amended?
Page 3 of 48
Line: 1
Description: Proposers are not required to enter a unit price on this line. Proposers shall submit
their proposed prices on Appendix B-1, Fee Schedule, located under the Header/Notes and
Attachments section of this solicitation in the Oracle/iSupplier Sourcing System.
Category: 94610-00
Unit of Measure: Dollar
Unit Price: $
Number of Units: 1 Total: $
Page 4 of 48
Request for Proposals (RFP) 547382,4
Table of Contents
Terms and Conditions 6
1. General Conditions 6
1,1. GENERAL TERMS AND CONDITIONS 6
2, Special Conditions 26
2.1. PURPOSE 26
2.2. INTRODUCTION 26
2.3. PRE -PROPOSAL CONFERENCE 26
2.4. DEADLINE FOR RECEIPT OF REQUEST FOR ADDITIONAL
INFORMATION/CLARIFICATION 26
2.5. TERM OF CONTRACT 26
2.6, CONDITIONS FOR RENEWAL 26
2.7, NON -APPROPRIATION OF FUNDS 27
2.8. PROPOSER'S MINIMUM QUALIFICATIONS 27
2,9. EXECUTION OF AN AGREEMENT 27
2,10. FAILURE TO PERFORM 28
2.11. INSURANCE REQUIREMENTS 28
2.12. CONTRACT ADMINISTRATOR 29
2.13. SUBCONTRACTOR(S) OR SUBCONSULTANT(S) 29
2,14. TERMINATION 29
2.15. ADDITIONAL TERMS AND CONDITIONS 30
2.16. PRIMARY CLIENT (PRIORITY) 30
2,17. CHANGES/ALTERATIONS 30
2.18, INVOICING 30
2.19. METHOD OF PAYMENT 31
2,20. SERVICE FEES 31
2.21. EVALUATION/SELECTION PROCESS AND CONTRACT AWARD 31
2.22. ADDITIONAL SERVICES 32
2,23. RECORDS 32
2,24. TRUTH IN NEGOTIATION CERTIFICATE 32
3. Specifications 33
31 SPECIFICATIONS/SCOPE OF WORK 33
4. Submission Requirements 44
4.1. SUBMISSION REQUIREMENTS 44
5. Evaluation Criteria 48
5,1. EVALUATION CRITERIA 48
Page 5 of 48
Request for Proposals (RFP) 547382,4
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.rniami.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 RIGPITS AND RECORDS RETENTION - The Successful Bidder/Proposer agrees to provide access
at all reasonable times to the City, or to any of its duly authorized representatives, to any books, documents, papers,
and records of Contractor which are directly pertinent to this formal solicitation, for the purpose of audit,
examination, excerpts, and transcriptions. The Successful Bidder/Proposer shall maintain and retain any and all of
Page 6 of 48
Request for Proposals (RFP) 547382,4
the books, documents, papers and records pertinent to the Contract for three (3) years after the City makes final
payment and all other pending matters are closed. Contractor's failure to or refusal to comply with this condition
shall result in the immediate cancellation of this contract by the City.
1.9. AVAILABILITY OF CONTRACT STATE-WIDE - Any Governmental, not -for -profit or
quasi -governmental entity in the State of Florida, may avail itself of this contract and purchase any and all
goods/services, specified herein from the successful bidder(s)/proposer(s) at the contract price(s) established herein,
when permissible by federal, state, and local laws, rules, and regulations.
Each Governmental, not -for -profit or quasi -governmental entity which uses this formal solicitation and resulting bid
contract or agreement will establish its own contract/agreement, place its own orders, issue its own purchase orders,
be invoiced there from and make its own payments, determine shipping terms and issue its own exemption
certificates as required by the successful bidder(s)/proposer(s).
1.10. AWARD OF CONTRACT:
A. The Formal Solicitation, Bidder's/Proposer's response, any addenda issued, and the purchase order shall
constitute the entire contract, unless modified in accordance with any ensuing contract/agreement, amendment or
addenda,
B. The award of a contract where there are Tie Bids will be decided by the Director of Purchasing or designee in the
instance that Tie Bids can't be determined by applying Florida Statute 287.087, Preference to Businesses with
Drug -Free Workplace Programs.
C. The award of this contract may be preconditioned on the subsequent submission of other documents as specified
in the Special Conditions or Technical Specifications. Bidder/Proposer shall be in default of its contractual
obligation if such documents are not submitted in a timely manner and in the form required by the City. Where
Bidder/Proposer is in default of these contractual requirements, the City, through action taken by the Purchasing
Department, will void its acceptance of the Bidder's/Proposer's Response and may accept the Response from the
next lowest responsive, responsible Bidder or Proposal most advantageous to the City or re -solicit the City's
requirements. The City, at its sole discretion, may seek monetary restitution from Bidder/Proposer and its
bid/proposal bond or guaranty, if applicable, as a result of damages or increased costs sustained as a result of the
Bidder' s/Proposer's default.
D. The term of the contract shall be specified in one of three documents which shall be issued to the successful
Bidder/Proposer. These documents may either be a purchase order, notice of award and/or contract award sheet.
E. The City reserves the right to automatically extend this contract for up to one hundred twenty (120) calendar
days beyond the stated contract term in order to provide City departments with continual service and supplies while
a new contract is being solicited, evaluated, and/or awarded. If the right is exercised, the City shall notify the
Bidder/Proposer, in writing, of its intent to extend the contract at the same price, terms and conditions for a specific
number of days. Additional extensions over the first one hundred twenty (120) day extension may occur, if, the City
and the Successful Bidder/Proposer are in mutual agreement of such extensions.
F. Where the contract involves a single shipment of goods to the City, the contract term shall conclude upon
completion of the expressed or implied warranty periods.
G. The City reserves the right to award the contract on a split -order, lump sum or individual -item basis, or such
combination as shall best serve the interests of the City unless otherwise specified.
H. A Contract/Agreement may be awarded to the Bidder/Proposer by the City Commission based upon the
minimum qualification requirements reflected herein. As a result of a RFP, RFQ, or RFLI, the City reserves the
right to execute or not execute, as applicable, an Agreement with the Proposer, whichever is determined to be in the
Page 7 of 48
Request for Proposals (RFP) 547382,4
City's best interests. Such agreement will be furnished by the City, will contain certain terms as are in the City's
best interests, and will be subject to approval as to legal form by the City Attorney.
1.11. BID BOND/ BID SECURITY - A cashier's or certified check, or a Bid Bond signed by a recognized surety
company that is licensed to do business in the State of Florida, payable to the City of Miami, for the amount bid is
required from all bidders/proposers, if so indicated under the Special Conditions. This check or bond guarantees
that a bidder/proposer will accept the order or contract/agreement, as bid/proposed, if it is awarded to
bidder/proposer. Bidder/Proposer shall forfeit bid deposit to the City should City award contract/agreement to
Bidder/Proposer and Bidder/Proposer fails to accept the award. The City reserves the right to reject any and all
surety tendered to the City. Bid deposits are returned to unsuccessful bidders/proposers within ten (10) days after
the award and successful bidder's/proposer's acceptance of award. If sixty (60) days have passed after the date of the
formal solicitation closing date, and no contract has been awarded, all bid deposits will be returned on demand.
1.12. RESPONSE FORM (HARDCOPY FORMAT) - All forms should be completed, signed and submitted
accordingly.
1.13. BID SECURITY FORFEITED LIQUIDATED DAMAGES - Failure to execute an Agreement and/or file
an acceptable Performance Bond, when required, as provided herein, shall be just cause for the annulment of the
award and the forfeiture of the Bid Security to the City, which forfeiture shall be considered, not as a penalty, but in
mitigation of damages sustained. Award may then be made to the next lowest responsive, responsible Bidder or
Proposal most advantageous to the City or all responses may be rejected.
1.14. BRAND NAMES - If and wherever in the specifications brand names, makes, models, names of any
manufacturers, trade names, or bidder/proposer catalog numbers are specified, it is for the purpose of establishing
the type, function, minimum standard of design, efficiency, grade or quality of goods only. When the City does not
wish to rule out other competitors' brands or makes, the phrase "OR EQUAL" is added. When bidding/proposing an
approved equal, Bidders/Proposers will submit, with their response, complete sets of necessary data (factory
information sheets, specifications, brochures, etc.) in order for the City to evaluate and determine the equality of the
item(s) bid/proposed. The City shall be the sole judge of equality and its decision shall be final. Unless otherwise
specified, evidence in the form of samples may be requested if the proposed brand is other than specified by the
City. Such samples are to be furnished after formal solicitation opening/closing only upon request of the City. If
samples should be requested, such samples must be received by the City no later than seven (7) calendar days after
a formal request is made.
1.15. CANCELLATION - The City reserves the right to cancel all formal solicitations before its opening/closing.
In the event of bid/proposal cancellation, the Director of Purchasing shall notify all prospective bidders/proposers
and make available a written explanation for the cancellation.
1.16. CAPITAL EXPENDITURES - Contractor understands that any capital expenditures that the firm makes, or
prepares to make, in order to deliver/perform the goods/services required by the City, is a business risk which the
contractor must assume, The City will not be obligated to reimburse amortized or unamortized capital expenditures,
or to maintain the approved status of any contractor. If contractor has been unable to recoup its capital expenditures
during the time it is rendering such goods/services, it shall not have any claim upon the City.
1.17. CITY NOT LIABLE FOR DELAYS - It is further expressly agreed that in no event shall the City be liable
for, or responsible to, the Bidder/Proposer/Consultant, any sub-contractor/sub-consultant, or to any other person for,
or on account of, any stoppages or delay in the work herein provided for by injunction or other legal or equitable
proceedings or on account of any delay for any cause over which the City has no control.
1.18. COLLUSION —Bidder/Proposer, by submitting a response, certifies that its response is made without
previous understanding, agreement or connection either with any person, firm or corporation submitting a response
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for the same items/services or with the City of Miami's Purchasing Department or initiating department. The
Bidder/Proposer certifies that its response is fair, without control, collusion, fraud or other illegal action.
Bidder/Proposer certifies that it is in compliance with the Conflict of Interest and Code of Ethics Laws. The City
will investigate all potential situations where collusion may have occurred and the City reserves the right to reject
any and all bids/responses where collusion may have occurred.
1.19. COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS - Contractor understands that contracts
between private entities 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
Bidder(s)/Proposer(s).
1.25. DEBARMENT AND SUSPENSIONS (Sec 18-107)
(a) Authority and requirement to debar and suspend. After reasonable notice to an actual or prospective Contractual
Party, and after reasonable opportunity for such party to be heard, the City Manager, after consultation with the
Chief Procurement Officer and the city attorney, shall have the authority to debar a Contractual Party, for the causes
listed below, from consideration for award of city Contracts. The debarment shall be for a period of not fewer than
three years. The City Manager shall also have the authority to suspend a Contractual Party from consideration for
award of city Contracts if there is probable cause for debarment, pending the debarment determination. The
authority to debar and suspend contractors shall be exercised in accordance with regulations which shall be issued
by the Chief Procurement Officer after approval by the City Manager, the city attorney, and the City Commission.
(b) Causes for debarment or suspension. Causes for debarment or suspension include the following:
(1) Conviction for commission of a criminal offense incident to obtaining or attempting to obtain a
public or private Contract or subcontract, or incident to the performance of such Contract or subcontract.
(2) Conviction under state or federal statutes of embezzlement, theft, forgery, bribery, falsification or
destruction of records, receiving stolen property, or any other offense indicating a lack of business
integrity or business honesty.
(3) Conviction under state or federal antitrust statutes arising out of the submission of Bids or
Proposals.
(4) Violation of Contract provisions, which is regarded by the Chief Procurement Officer to be
indicative of nonresponsibility. Such violation may include failure without good cause to perform in
accordance with the terms and conditions of a Contract or to perform within the time limits provided in a
Contract, provided that failure to perform caused by acts beyond the control of a party shall not be
considered a basis for debarment or suspension.
(5) Debarment or suspension of the Contractual Party by any federal, state or other governmental
entity.
(6) False certification pursuant to paragraph (c) below.
(7) Found in violation of a zoning ordinance or any other city ordinance or regulation and for which
the violation remains noncompliant.
(8) Found in violation of a zoning ordinance or any other city ordinance or regulation and for which a
civil penalty or fine is due and owing to the city.
(9) Any other cause judged by the City Manager to be so serious and compelling as to affect the
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responsibility of the Contractual Party performing city Contracts.
(c) Certification. All Contracts for goods and services, sales, and leases by the city shall contain a certification that
neither the Contractual Party nor any of its principal owners or personnel have been convicted of any of the
violations set forth above or debarred or suspended as set forth in paragraph (b)(5).
(d) Debarment and suspension decisions. Subject to the provisions of paragraph (a), the City Manager shall render a
written decision stating the reasons for the debarment or suspension. A copy of the decision shall be provided
promptly to the Contractual Party, along with a notice of said party's right to seek judicial relief.
1.26. DEBARRED/SUSPENDED VENDORS —An entity or affiliate who has been placed on the State of Florida
debarred or suspended vendor list may not submit a response on a contract to provide goods or services to a public
entity, may not submit a response on a contract with a public entity for the construction or repair of a public building
or public work, may not submit response on leases of real property to a public entity, may not award or perform
work as a contractor, supplier, subcontractor, or consultant under contract with any public entity, and may not
transact business with any public entity.
1.27. DEFAULT/FAILURE TO PERFORM - The City shall be the sole judge of nonperformance, which shall
include any failure on the part of the successful Bidder/Proposer to accept the award, to furnish required documents,
and/or to fulfill any portion of this contract within the time stipulated.
Upon default by the successful Bidder/Proposer to meet any terms of this agreement, the City will notify the
Bidder/Proposer of the default and will provide the contractor three (3) days (weekends and holidays excluded) to
remedy the default. Failure on the contractor's part to correct the default within the required three (3) days shall
result in the Contract being terminated and upon the City notifying in writing the contractor of its intentions and the
effective date of the termination. The following shall constitute default:
A. Failure to 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 formalsolicitation, 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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Request for Proposals (RFP) 547382,4
to comply with these requirements may deem a Response non -responsive.
A. Responsible Bidder shall mean a bidder/proposer who has submitted a bid/prposal and who has the capability,
as determined under the City Procurement Ordinance, in all respects to fully perform the contract requirements, and
the integrity and reliability of which give reasonable assurance of good faith and performance.
1.29. DISCOUNTS OFFERED DURING TERM OF CONTRACT - Discount Prices offered in the response
shall be fixed after the award by the Commission, unless otherwise specified in the Special Terms and Conditions.
Price discounts off the original prices quoted in the response will be accepted from successful Bidder(s)/Proposer(s)
during the term of the contract. Such discounts shall remain in effect for a minimum of 120 days from approval by
the City Commission Any discounts offered by a manufacturer to Bidder/Proposer will be passed on to the City.
1.30. DISCREPANCIES, ERRORS, AND OMISSIONS - Any discrepancies, errors, or ambiguities in the Formal
Solicitation or addenda (if any) should be reported in writing to the City's Purchasing Department. Should it be
found necessary, a written addendum will be incorporated in the Formal Solicitation and will become part of the
purchase agreement (contract documents). The City will not be responsible for any oral instructions, clarifications,
or other communications.
A. Order of Precedence — Any inconsistency in this formal solicitation shall be resolved by giving precedence to the
following documents, the first of such list being the governing documents,
1) Addenda (as applicable)
2) Specifications
3) Special Conditions
4) General Terms and Conditions
1.31. EMERGENCY / DISASTER PERFORMANCE - In the event of a hurricane or other emergency or disaster
situation, the successful vendor shall provide the City with the commodities/services defined within the scope of this
formal solicitation at the price contained within vendor's response. Further, successful vendor shall deliver/perform
for the city on a priority basis during such times of emergency.
1.32. ENTIRE BID CONTRACT OR AGREEMENT - The Bid Contract or Agreement consists of this City of
Miami Formal Solicitation and specifically this General Conditions Section, Contractor's Response and any written
agreement entered into by the City of Miami and Contractor in cases involving RFPs, RFQs, and RFLIs, and
represents the entire understanding and agreement between the parties with respect to the subject matter hereof and
supersedes all other negotiations, understanding and representations, if any, made by and between the parties. To the
extent that the agreement conflicts with, modifies, alters or changes any of the terms and conditions contained in the
Formal Solicitation and/or Response, the Formal Solicitation and then the Response shall control. This Contract may
be modified only by a written agreement signed by the City of Miami and Contractor.
1.33. ESTIMATED QUANTITIES —Estimated quantities or estimated dollars are provided for your guidance
only. No guarantee is expressed or implied as to quantities that will be purchased during the contract period. The
City is not obligated to place an order for any given amount subsequent to the award of this contract. Said estimates
may be used by the City for purposes of determining the low bidder or most advantageous proposer meeting
specifications. The City reserves the right to acquire additional quantities at the prices bid/proposed or at lower
prices in this Formal Solicitation,
1.34. EVALUATION OF RESPONSES
A.Rejection of Responses
The City may reject a Response for any of the following reasons:
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1) Bidder/Proposer fails to acknowledge receipt of addenda;
2) Bidder/Proposer mistates or conceals any material fact in the Response ;
3) Response does not conform to the requirements of the Formal Solicitation;
4) Response requires a conditional award that conflicts with the method of award;
5) Response does not include required samples, certificates, licenses as required; and,
6) Response was not executed by the Bidder's/Proposer(s) authorized agent.
The foregoing is not an all inclusive list of reasons for which a Response may be rejected. The City may reject and
re -advertise for all or any part of the Formal Solicitation whenever it is deemed in the best interest of the
City.
B. Elimination From Consideration
1) A contract shall not be awarded to any person or firm which is in arrears to the City upon any debt or contract, or
which is a defaulter as surety or otherwise upon any obligation to the City.
2) A contract may not be awarded to any person or firm which has failed to perform under the terms and conditions
of any previous contract with the City or deliver on time contracts of a similar nature.
3) A contract may not be awarded to any person or firm which has been debarred by the City in accordance with
the City's Debarment and Suspension Ordinance.
C. Determination of Responsibility
1) Responses will only be considered from entities who are regularly engaged in the business of providing the
goods/equipment/services required by the Formal Solicitation. Bidder/Proposer must be able to demonstrate a
satisfactory record of performance and integrity; and, have sufficient financial, material, equipment, facility,
personnel resources, and expertise to meet all contractual requirements. The terms "equipment and organization" as
used herein shall be construed to mean a fully equipped and well established entity in line with the best industry
practices inthe 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
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or supplied over a period of time.
1.38. FLORIDA MINIMUM WAGE - The Constitution of the State of Florida, Article X, Section 24, states that
employers shall pay employee wages no less than the minimum wage for all hours worked in Florida. Accordingly,
it is the contractor's and its' subcontractor(s) responsibility to understand and comply with this Florida constitutional
minimum wage requirement and pay its employees the current established hourly minimum wage rate, which is
subject to change or adjusted by the rate of inflation using the consumer price index for urban 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. In any action or proceeding each party shall bear their own respective
attorney's fees.
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 Infornation (PHI) shall comply with the
Health Insurance Portability and Accountability Act (IIIPAA) of 1996 and the City of Miami Privacy Standards.
HIPAA mandates for privacy, security and electronic transfer standards, which include but are not limited to:
A. Use 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 IIIII/PHI will be held confidential;
E. Making Protected Health Information (PHI) available to the customer;
F. Making PHI available to the customer for review and amendment; and incorporating any amendments requested
by the customer;
G. Making PHI available to the City of Miami for an accounting of disclosures; and
H. Making internal practices, books and records related to PHI available to the City of Miami for compliance audits.
PHI shall maintain its protected status regardless of the form and method of transmission (paper records, and/or
electronic transfer of data). The Bidder/ Proposer must give its customers written notice of its privacy information
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practices including specifically, a description of the types of uses and disclosures that would be made with protected
health information,
1.42 INDEMNIFICATION - Contractor shall indemnify , hold harmless and defend the City, its officials, officers,
agents, directors, and employees, from liabilities, damages, losses, and costs, including, but not limited to reasonable
attorney's fees, to the extent caused by the negligence, recklessness or intentional wrongful misconduct of
Contractor and persons employed or utilized by Contractor in the performance of this Contract and will indemnify,
hold harmless and defend the City, its officials, officers, agents, directors and employees against, any civil actions,
statutory or similar claims, injuries or damages arising or resulting from the permitted work, even if it is alleged that
the City, its officials and/or employees were negligent. These indemnifications shall survive the term of this
Contract. In the event that any action or proceeding is brought against City by reason of any such claim or demand,
Contractor shall, upon written notice from City, resist and defend such action or proceeding by counsel satisfactory
to City. The Contractor expressly understands and agrees that any insurance protection required by this Contract or
otherwise provided by Contractor shall in no way limit the responsibility to indemnify, keep and save harmless and
defend the City or its officers, employees, agents and instrumentalities as herein provided.
The indemnification provided above shall obligate Contractor to defend at its own expense to and through appellate,
supplemental or banlcriiptcy 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.
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1.46. INSURANCE - Within ten (10) days after receipt of Notice of Award, the successful Contractor, shall furnish
Evidence of Insurance to the Purchasing Department, if applicable. Submitted evidence of coverage shall
demonstrate strict compliance to all requirements listed on the Special Conditions entitled "Insurance
Requirements". The City shall be listed as an "Additional Insured."
Issuance of a Purchase Order is contingent upon the receipt of proper insurance documents. If the insurance
certificate is received within the specified time frame but not in the manner prescribed in this Solicitation the
Contractor shall be verbally notified of such deficiency and shall have an additional five (5) calendar days to submit
a corrected certificate to the City. If the Contractor fails to submit the required insurance documents in the manner
prescribed in this Solicitation within fifteen (15) calendar days after receipt Notice of Award, the contractor shall be
in default of the contractual terms and conditions and shall not be awarded the contract. Under such circumstances,
the Bidder/Proposer may be prohibited from submitting future responses to the City. Information regarding any
insurance requirements shall be directed to the Risk Administrator, Department of Risk Management, at 444 SW
2nd Avenue, 9th Floor, Miami, Florida 33130, 305-416-1604.
The Bidder/Proposer shall be responsible for assuring that the insurance certificates required in conjunction with this
Section remain in effect for the duration of the contractual period; including any and all option terms that may be
granted to the Bidder/Proposer.
1.47. INVOICES - Invoices shall contain purchase order number and details of goods and/or services delivered
(i,e. quantity, unit price, extended price, etc); and in compliance with Chapter 218 of the Florida Statutes (Prompt
Payment Act),
1.48. LOCAL PREFERENCE
A. City Code Section 18-85, states, "when a responsive, responsible non -local bidder submits the lowest bid
price, and the bid submitted by one or more responsive, responsible local bidders who maintain a local office, as
defined in Section 18-73, is within fifteen percent (15%) of the price submitted by the non -local bidder, then that
non -local bidder and each of the aforementioned responsive, responsible local bidders shall have the opportunity to
submit a best and final bid equal to or lower than the amount of the low bid previously submitted by the non -local
bidder. Contract award shall be made to the lowest responsive, responsible bidder submitting the lowest best and
final bid. In the case of a tie in the best and final bid between a local bidder and a non -local bidder, contract award
shall be made to the local bidder."
B. City Code Section 18-86, states, "the RFP, RFLI or RFQ, as applicable, may, in the exercise of the reasonable
professional discretion of the City Manager, director of the using agency, and the Chief Procurement Officer,
include a five (5%) percent evaluation criterion in favor of proposers who maintain a local office, as defined in
Section 18-73. In such cases, this five (5%) percent evaluation criterion in favor of proposers who maintain a local
office will be specifically defined in the RFP, RFLI or RFQ, as applicable; otherwise, it will not apply.
1.49. MANUFACTURER'S CERTIFICATION - The City reserves the right to request from bidders/proposers a
separate Manufacturer's Certification of all statements made in the bid/proposal. Failure to provide such
certification may result in the rejection of bid/proposal or termination of contract/agreement, for which the
bidder/proposer must bear full liability.
1.50. MODIFICATIONS OR CHANGES IN PURCHASE ORDERS AND CONTRACTS - No contract or
understanding to modify this Formal Solicitation and resultant purchase orders or contracts, if applicable, shall be
binding upon the City unless made in writing by the Director of Purchasing of the City of Miami, Florida through
the issuance of a change order, addendum, amendment, or supplement to the contract, purchase order or award sheet
as appropriate.
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1.51. NO PARTNERSHIP OR JOINT VENTURE Nothing contained in this Contract will be deemed or
construed to create a partnership or joint venture between the City of Miami and Contractor, or to create any other
similar relationship between the parties.
1.52. NONCONFORMANCE TO CONTRACT CONDITIONS - Items may be tested for compliance with
specifications under the direction of the Florida Department of Agriculture and Consumer Services or by other
appropriate testing Laboratories as determined by the City. The data derived from any test for compliance with
specifications is public record and open to examination thereto in accordance with Chapter 119, Florida Statutes.
Items delivered not conforming to specifications may be rejected and returned at Bidder's/Proposer's expense.
These non -conforming items not delivered as per delivery date in the response and/or Purchase Order may result in
bidder/proposer being found in default in which event any and all re -procurement costs may be charged against the
defaulted contractor. Any violation of these stipulations may also result in the supplier's name being removed from
the City of Miami's Supplier's list.
1.53. NONDISCRIMINATION —Bidder/Proposer agrees that it shall not discriminate as to race, sex, color, age,
religion, national origin, marital status, or disability in connection with its performance under this formal
solicitation. Furthermore, Bidder/Proposer agrees that no otherwise qualified individual shall solely by reason of
his/her race, sex, color, age, religion, national origin, marital status or disability be excluded from the participation
in, be denied benefits of, or be subjected to, discrimination under any program or activity.
In connection with the conduct of its business, including performance of services and employment of personnel,
Bidder/Proposer shall not discriminate against any person on the basis of race, color, religion, disability, age, sex,
marital status or national origin. All persons having appropriate qualifications shall be afforded equal opportunity
for employment.
1.54. NON-EXCLUSIVE CONTRACT/ PIGGYBACK PROVISION - At such times as may serve its best
interest, the City of Miami reserves the right to advertise for, receive, and award additional contracts for these herein
goods and/or services, and to make use of other competitively bid (governmental) contracts, agreements, or other
similar sources for the purchase of these goods and/or services as may be available.
It is hereby agreed and understood that this formal solicitation does not constitute the exclusive rights of the
successful bidder(s)/proposer(s) to receive all orders that may be generated by the City in conjunction with this
Formal Solicitation.
In addition, any and all commodities, equipment, and services required by the City in conjunction with construction
projects are solicited under a distinctly different solicitation process and shall not be purchased under the terms,
conditions and awards rendered under this solicitation, unless such purchases are determined to be in the best
interest of the City.
1.55. OCCUPATIONAL LICENSE - Any person, firm, corporation or joint venture, with a business location in
the City of Miami and is submitting a Response under this Formal Solicitation shall meet the City's Occupational
License Tax requirements in accordance with Chapter 31.1, Article I of the City of Miami Charter, Others with a
location outside the City of Miami shall meet their local Occupational License Tax requirements. A copy of the
license must be submitted with the response; however, the City may at its sole option and in its best interest allow
the Bidder/Proposer to supply the license to the City during the evaluation period, but prior to award.
1.56. ONE PROPOSAL Only one (1) Response from an individual, firm, partnership, corporation or joint venture
will be considered in response to this Formal Solicitation.
1.57. OWNERSHIP OF DOCUMENTS - It is understood by and between the parties that any documents, records,
files, or any other matter whatsoever which is given by the City to the successful Bidder/Proposer pursuant to this
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formal solicitation shall at all times remain the property of the City and shall not be used by the Bidder/Proposer for
any other purposes whatsoever without the written consent of the City.
1.58. PARTIAL INVALIDITY - If any provision of this Contract or the application thereof to any person or
circumstance shall to any extent be held invalid, then the remainder of this Contract or the application of such
provision to persons or circumstances other than those as to which it is held invalid shall not be affected thereby, and
each provision of this Contract shall be valid and enforced to the fullest extent permitted by law.
1.59. PERFORMANCE/PAYMENT BOND —A Contractor may be required to furnish a Performance/Payment
Bond as part of the requirements of this Contract, in an amount equal to one hundred percent (100%) of the contract
price.
1.60. PREPARATION OF RESPONSES (HARDCOPY FORMAT) —Bidders/Proposers are expected to
examine the specifications, required delivery, drawings, and all special and general conditions. All bid/proposed
amounts, if required, shall be either typewritten or entered into the space provided with ink. Failure to do so will be
at the Bidder's/Proposer's risk.
A. Each Bidder/Proposer shall furnish the information required in the Formal Solicitation. The Bidder/Proposer
shall sign the Response and print in ink or type the name of the Bidder/Proposer, address, and telephone number on
the face page and on each continuation sheet thereof on which he/she makes an entry, as required.
B. If so required, the unit price for each unit offered shall be shown, and such price shall include packaging,
handling and shipping, and F.O.B. Miami delivery inside City premises unless otherwise specified. Bidder/Proposer
shall include in the response all taxes, insurance, social security, workmen's compensation, and any other benefits
normally paid by the Bidder/Proposer to its employees. If applicable, a unit price shall be entered in the "Unit
Price" column for each item. Based upon estimated quantity, an extended price shall be entered in the "Extended
Price" column for each item offered. In case of a discrepancy between the unit price and extended price, the unit
price will be presumed correct.
C. The Bidder/Proposer must state a definite time, if required, in calendar days for delivery of goods and/or
services.
D. The Bidder/Proposer should retain a copy of all response documents for future reference.
E. All responses, as described, must be fully completed and typed or printed in ink and must be signed in ink with
the firm's name and by an officer or employee having authority to bind the company or firm by his/her signature.
Bids/Proposals having any erasures or corrections must be initialed in ink by person signing the response or the
response may be rejected.
F. Responses are to remain valid for at least 180 days. Upon award of a contract, the content of the Successful
Bidder's/Proposer's response may be included as part of the contract, at the City's discretion.
G. The City of Miami's Response Forms shall be used when Bidder/Proposer is submitting its response in
hardcopy format, Use of any other forms will result in the rejection of the response. IF SUBMITTING
HARDCOPY FORMAT, THE ORIGINAL AND THREE (3) COPIES OF THESE SETS OF FORMS, UNLESS
OTHERWISE SPECIFIED, AND ANY REQUIRED ATTACHMENTS MUST BE RETURNED TO THE CITY
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
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becomes unavailable during the term of the Contract, the Contractor awarded that item may arrange with the City's
authorized representative(s) to supply a substitute product at the awarded price or lower, provided that a sample is
approved in advance of delivery and that the new product meets or exceeds all quality requirements.
1.63. CONFLICT OF INTEREST, AND UNETHICAL BUSINESS PRACTICE PROHIBITIONS -
Contractor represents and warrants to the City that it has not employed or retained any person or company employed
by the City to solicit or secure this Contract and that it has not offered to pay, paid, or agreed to pay any person any
fee, commission, percentage, brokerage fee, or gift of any kind contingent upon or in connection with, the award of
this Contract,
1.64. PROMPT PAYMENT -Bidders/Proposers may offer a cash discount for prompt payment; however,
discounts shall not be considered in determining the lowest net cost for response evaluation purposes.
Bidders/Proposers are required to provide their prompt payment terms in the space provided on the Formal
Solicitation. If no prompt payment discount is being offered, the Bidder/Proposer must enter zero (0) for the
percentage discount to indicate no discount. If the Bidder/Proposer fails to enter a percentage, it is understood and
agreed that the terms shall be 2% 20 days, effective after receipt of invoice or final acceptance by the City,
whichever is later.
When the City is entitled to a cash discount, the period of computation will commence on the date of delivery, or
receipt of a correctly completed invoice, whichever is later. If an adjustment in payment is necessary due to
damage, the cash discount period shall commence on the date final approval for payment is authorized. If a discount
is part of the contract, but the invoice does not reflect the existence of a cash discount, the City is entitled to a cash
discount with the period commencing on the date it is determined by the City that a cash discount applies.
Price discounts off the original prices quoted on the Price Sheet will be accepted from successful bidders/proposers
during the term of the contract.
1.65. PROPERTY- Property owned by the City of Miami is the responsibility of the City of Miami. Such property
furnished to a Contractor for repair, modification, study, etc., shall remain the property of the City of Miami.
Damages to such property occurring while in the possession of the Contractor shall be the responsibility of the
Contractor. Damages occurring to such property while in route to the City of Miami shall be the responsibility of the
Contractor. In the event that such property is destroyed or declared a total loss, the Contractor shall be responsible
for replacement value of the property at the current market value, less depreciation of the property, if any.
1.66. PROVISIONS BINDING - Except as otherwise expressly provided in the resulting Contract, all covenants,
conditions and provisions of the resulting Contract shall be binding upon and shall inure to the benefit of the parties
hereto and their respective heirs, legal representatives, successors and assigns.
1.67. PUBLIC ENTITY CRIMES - A person or affiliate who has been placed on the convicted vendor list
following a conviction for a public entity crime may not submit a response on a contract to provide any goods or
services to a public entity, may not submit a response on a contract with a public entity for the construction or repair
of a public building or public work, may not submit responses on leases of real property to a public entity, may not
be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public
entity, and may not transact business with any public entity in excess of the threshold amount provided in Section
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,
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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.
1.69. QUALITY OF GOODS, MATERIALS, SUPPLIES, PRODUCTS, AND EQUIPMENT All materials
used in the manufacturing or construction of supplies, materials, or equipment covered by this solicitation shall be
new. The items bid/proposed must be of the latest make or model, of the best quality, and of the highest grade of
workmanship, unless as otherwise specified in this Solicitation,
1.70. QUALITY OF WORK/SERVICES - The work/services performed must be of the highest quality and
workmanship, Materials furnished to complete the service shall be new and of the highest quality except as
otherwise specified in this Solicitation.
1.71. REMEDIES PRIOR TO AWARD (Sec. 18-106) - If prior to Contract award it is determined that a formal
solicitation or proposed award is in violation of law, then the solicitation or proposed award shall be cancelled by
the City Commission, the City Manager or the Chief Procurement Officer, as may be applicable, or revised to
comply with the law.
1.72. RESOLUTION OF CONTRACT DISPUTES (Sec. 18-105)
(a) Authority to resolve Contract disputes. The City Manager, after obtaining the approval of the city attorney, shall
have the authority to resolve controversies between the Contractual Party and the city which arise under, or by virtue
of, a Contract between them; provided that, in cases involving an amount greater than $25,000, the City
Commission must approve the City Manager's decision. Such authority extends, without limitation, to controversies
based upon breach of Contract, mistake, misrepresentation or lack of complete performance, and shall be invoked by
a Contractual Party by submission of a protest to the City Manager.
(b) Contract dispute decisions. If a dispute is not resolved by mutual consent, the City Manager shall promptly
render a written report stating the reasons for the action taken by the City Commission or the City Manager which
shall be final and conclusive. A copy of the decision shall be immediately provided to the protesting party, along
with a notice of such party's right to seek judicial relief, provided that the protesting party shall not be entitled to
such judicial relief without first having followed the procedure set forth in this section.
1.73. RESOLUTION OF PROTESTED SOLICITATIONS AND AWARDS (Sec. 18-104)
(a) Right to protest. The following procedures shall be used for resolution of protested solicitations and awards
except for purchases of goods, supplies, equipment, and services, the estimated cost of which does not exceed
$25,000,
Protests thereon shall be governed by the Administrative Policies and Procedures of Purchasing.
1.Protest of Solicitation.
i. Any prospective proposer who perceives itself aggrieved in connection with the solicitation of a Contract may
protest to the Chief Procurement Officer, A written notice of intent to file a protest shall be filed with the Chief
Procurement Officer within three days after the Request for Proposals, Request for Qualifications or Request for
Letters of Interest is published in a newspaper of general circulation. A notice of intent to file a protest is considered
filed when received by the Chief Procurement Officer; or
it. 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
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Officer within three days after the solicitation is published in a newspaper of general circulation. A notice of intent
to file a protest is considered filed when received by the Chief Procurement Officer.
2. Protest of Award.
i. A written notice of intent to file a protest shall be filed with the Chief Procurement Officer within two days after
receipt by the proposer of the notice of the City Manager's recommendation for award of Contract, which will be
posted on the City of Miami Purchasing Department website, in the Supplier Corner, Current Solicitations and
Notice of Recommendation of Award Section. The notice of the City Manager's recommendation can be found by
selecting the details of the solicitation and is listed as Recommendation of Award Posting Date and
Recommendation of Award To fields. If "various" is indicated in the Recommendation of Award To field, the
Bidder/Proposer must contact the buyer for that solicitation to obtain the suppliers name. It shall be the
responsibility of the Bidder/Proposer to check this section of the website daily after responses are submitted to
receive the notice; or
ii. Any actual Responsive and Responsible Bidder whose Bid is lower than that of the recommended bidder may
protest to the Chief Procurement Officer. A written notice of intent to file a protest shall be filed with the Chief
Procurement Officer within two days after receipt by the bidder of the notice of the city's determination of non
responsiveness or non responsibility. The receipt by bidder of such notice shall be confirmed by the city by facsimile
or electronic mail or U.S. mail, return receipt requested. A notice of intent to file a protest is considered filed when
received by the Chief Procurement Officer.
iii. A written protest based on any of the foregoing must be submitted to the Chief Procurement Officer within five
(5) days after the date the notice of protest was filed. A written protest is considered filed when received by the
Chief Procurement Officer.
The written protest may not challenge the relative weight of the evaluation criteria or the formula for assigning
points in making an award determination.
The written protest shall state with particularity the specific facts and law upon which the protest of the solicitation
or the award is based, and shall include all pertinent documents and evidence and shall be accompanied by the
required Filing Fee as provided in subsection (f). This shall form the basis for review of the written protest and no
facts, grounds, documentation or evidence not contained in the protester's submission to the Chief Procurement
Officer at the time of filing the protest shall be permitted in the consideration of the written protest.
No time will be added to the above limits for service by mail. In computing any period of time prescribed or allowed
by this section, the day of the act, event or default from which the designated period of time begins to run shall not
be included. The last day of the period so computed shall be included unless it is a Saturday, Sunday or legal holiday
in which event the period shall run until the end of the next day which is neither a Saturday, Sunday or legal holiday.
Intermediate Saturdays, Sundays and legal holidays shall be excluded in the computation of the time for filing.
(b) Authority to resolve protests. The Chief Procurement Officer shall have the authority, subject to the approval of
the City Manager and the city attorney, to settle and resolve any written protest. The Chief Procurement Officer
shall obtain the requisite approvals and communicate said decision to the protesting party and shall submit said
decision to the City Commission within 30 days after he/she receives the protest. In cases involving more than
$25,000, the decision of the Chief Procurement Officer shall be submitted for approval or disapproval thereof to the
City Commission after a favorable recommendation by the city attorney and the City Manager.
(c) Compliance with filing requirements. Failure of a party to timely file either the notice of intent to file a protest or
the written protest, together with the required Filing Fee as provided in subsection (f), with the Chief Procurement
Officer within the time provided in subsection. (a), above, shall constitute a forfeiture of such party's right to file a
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protest pursuant to this section. The protesting party shall not be entitled to seek judicial relief without first having
followed the procedure set forth in this section
(d) Stay of Procurements during protests. Upon receipt of a written protest filed pursuant to the requirements of this
section, the city shall not proceed further with the solicitation or with the award of the Contract until the protest is
resolved by the Chief Procurement Officer or the City Commission as provided in subsection (b) above, unless the
City Manager makes a written determination that the solicitation process or the Contract award must be continued
without delay in order to avoid an immediate and serious danger to the public health, safety or welfare.
(e) Costs. All costs accniing 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 firmhas 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.
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A. Hardcopy responses shall be enclosed in a sealed envelope, box package. The face of the envelope, box or
package must show the hour and date specified for receipt of responses, the solicitation number and title, and the
name and return address of the Bidder/Proposer. Hardcopy responses not submitted on the requisite Response
Forms may be rejected. Hardcopy responses received at any other location than the specified shall be deemed
non -responsive.
Directions to City Hall:
FROM THE NORTH: I-95 SOUTH UNTIL IT TURNS INTO US1. US1 SOUTH TO 27TH AVE., TURN LEFT,
PROCEED SOUTH TO SO. BAYSHORE DR. (3RD TRAFFIC LIGHT), TURN LEFT, 1 BLOCK TURN RIGHT
ON PAN AMERICAN DR. CITY HALL IS AT THE END OF PAN AMERICAN DR. PARKING IS ON RIGHT.
FROM THE SOUTH: US1 NORTH TO 27TH AVENUE, TURN RIGHT, PROCEED SOUTH TO SO.
BAYSHORE DR. (3RD TRAFFIC LIGHT), TURN LEFT, 1 BLOCK TURN RIGHT ON PAN AMERICAN DR.
CITY HALL IS AT THE END OF PAN AMERICAN DR. PARKING IS ON RIGHT.
B. Facsimile responses will not be considered.
C. Failure to follow these procedures is cause for rejection of bid/proposal.
D. The responsibility for obtaining and submitting a response on or before the close date is solely and strictly the
responsibility of Bidder/Proposer. The City of Miami is not responsible for delays caused by the United States mail
delivery or caused by any other occurrence. Responses received after the solicitation closing date and time will be
returned unopened, and will not be considered for award.
E. Late responses will be rejected.
F. All responses are subject to the conditions specified herein. Those which do not comply with these conditions
are subject to rejection.
G. Modification of responses already submitted will be considered only if received at the City before the time and
date set for closing of solicitation responses. All modifications must be submitted via the Oracle System or in
writing. Once a solicitation closes (closed date and/or time expires), the City will not consider any subsequent
submission which alters the responses.
H. If hardcopy responses are submitted at the same time for different solicitations, each response must be placed
in a separate envelope, box, or package and each envelope, box or package must contain the information previously
stated in 1.82.A.
1.79. TAXES - The City of Miami is exempt from any taxes imposed by the State and/or Federal Government.
Exemption certificates will be provided upon request. Notwithstanding, Bidders/Proposers should be aware of the
fact that all materials and supplies which are purchased by the Bidder/Proposer for the completion of the contract is
subject to the Florida State Sales Tax in accordance with Section 212.08, Florida Statutes, as amended and all
amendments thereto and shall be paid solely by the Bidder/Proposer.
1.80. TERMINATION —The City Manager on behalf of the City of Miami reserves the right to terminate this
contract by written notice to the contractor effective the date specified in the notice should any of the following
apply:
A. The contractor is determined by the City to be in breach of any of the terms and conditions of the contract,
B. The City has determined that such termination will be in the best interest of the City to terminate the contract for
its own convenience;
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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 fiends,
1.81. TERMS OF PAYMENT - Payment will be made by the City after the goods and/or services awarded to a
Bidder/Proposer have been received, inspected, and found to comply with award specifications, free of damage or
defect, and properly invoiced. No advance payments of any kind will be made by the City of Miami.
Payment shall be made after delivery, within 45 days of receipt of an invoice and authorized inspection and
acceptance of the goods/services and pursuant to Section 218.74, Florida Statutes and other applicable law.
1.82. TIMELY DELIVERY- Time will be of the essence for any orders placed as a result of this solicitation. The
City 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 Emergency Medical Service (EMS) Transport Billing,
Third Party Billing Services and Reporting, as specified herein, from a source(s), fully compliant with the terms,
conditions and stipulations of the solicitation.
2.2. INTRODUCTION
The City of Miami Fire Rescue Department is soliciting proposals from experienced and qualified proposers for the
purpose of providing accurate and reliable EMS Transportation Billing and Collection Services.
2.3. PRE -PROPOSAL CONFERENCE
None
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
Procurement Department, Attn: Pearl Bethel, CPPB; fax: (305) 400-5340 or email: pbethel a miamigov.com, and a
copy filed with the Office of the City Clerk, pursuant to Section 1.34. Cone of Silence. The solicitation title and
number shall be referenced on all correspondence. All questions must be received no later than Friday, May 06,
2016 @ 5:OOPM. All responses to questions will be sent to all prospective bidders/proposers in the form of an
addendum. NO QUESTIONS WILL BE RECEIVED VERBALLY OR AFTER SAID DEADLINE.
2.5. TERM OF CONTRACT
The Proposer(s) qualified to provide the service(s) requested herein (the "Successful Proposer(s)") shall be required
to execute a contract ("Contract") with the City, which shall include, but not be limited to, the following terms:
(1) The term of the Contract(s) shall be for 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.
2.6. 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
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2.7. NON -APPROPRIATION OF FUNDS
In the event no funds or insufficient funds are appropriated and budgeted or are otherwise unavailable in any fiscal
period for payments due under this contract, then the City, upon written notice to the Successful Proposer or his
assignee of such occurrence, shall have the unqualified right to terminate the contract without any penalty or
expense to the City. No guarantee, warranty or representation is made that any project(s) will be awarded to any
firm(s).
2.8. PROPOSER'S MINIMUM QUALIFICATIONS
In order to provide accurate and reliable EMS transportation billing and collection services, the City is seeking a
qualified and. experienced Proposer who shall provide quality service. Proposals will be considered only from firms
that are regularly engaged in the business of providing EMS transportation billing and collection services as
described herein, and who can meet and exceed the minimum qualifications as established below:
Proposers shall satisfy each of the following requirements cited below. Failure to do so will result in the Proposal
being deemed non -responsive.
The Successful Proposer shall:
a) Provide a fiu11-time Project Manager and/or team member(s), assigned to the City's contract for EMS
transportation billing and collection services.
b) Have a record of performance of no less than five (5) consecutive years, operating under the same name, and
providing EMS transportation billing and collection services for a governmental entity, quasi -governmental entity,
or not -for -profit entity of similar size.
c) Possess adequate resources and personnel available for committing to a contract for the provision of the EMS
transportation billing and collection services.
d) Have never filed for bankruptcy, be in sound financial condition, have no record of pending lawsuits or criminal
activities, and shall not have conflicts of interest which may be of embarrassment to the City.
2.9. EXECUTION OF AN AGREEMENT
The Successful Proposer evaluated and ranked in accordance with the requirements of this Solicitation, shall be
awarded an opportunity to negotiate a Professional Services Agreement (Agreement) with the City. The City
reserves the right to execute or not execute, as applicable an Agreement with the Successful Proposer in
substantially the same form as the draft Agreement included as part of this solicitation, Such Agreement will be
furnished by the City, will contain certain terms as are in the City's best interest, and will be subject to approval as to
legal form by the City Attorney.
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2.10. FAILURE TO PERFORM
Should it not be possible to reach the Successfiil Proposer or Project Manager 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 the
Successful Proposer in default of the contract or make appropriate reductions in the contract payment.
2.11. INSURANCE REQUIREMENTS
INDEMNIFICATION
Successful proposer shall pay on behalf of, indemnify and save City and its officials harmless, from and against any
and all claims, liabilities, losses, and causes of action, which may arise out of Successful Proposer's performance
under the provisions of the contract, including all acts or omissions to act on the part of Successful Proposer,
including any person performing under this Contract for or on Successful Proposer's behalf, provided that any such
claims, liabilities, losses and causes of such action are not attributable to the negligence or misconduct of the City
and, from and against any orders, judgments or decrees which may be entered and which may result from this
Contract, unless attributable to the negligence or misconduct of the City, and from and against all costs, attorneys'
fees, expenses and liabilities incurred in the defense of any such claim, or the investigation thereof.
The Successful 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:
(1) Worker's Compensation
A. Limits of Liability - Statutory - State of Florida
(2) Commercial General Liability (Primary and Non -Contributory):
A. Limits of Liability
Bodily Injury and Property Damage Liability - Each Occurrence: $1,000,000
General Aggregate Limit: $2,000,000
Personal and Adv. Injury. Products and Completed Operations and Fire Damage: $1,000,000.
B. Endorsements Required:
City of Miami included as an Additional insured. Employees included as insured. Contractual Liability.
(3) BusinessAutomobile Liability
A. Limits of Liability
Bodily injury and property damage liability combined single limits. Any Auto, including hired, borrowed or owned,
or non -owned autos used in connection with the work - $1,000,000
B. Endorsements Required:
City of Miami included as an Additional Insured
BINDERS ARE UNACCEPTABLE.
The insurance coverage required shall include those classifications, as listed in standard liability insurance manuals,
which most nearly reflect the operations of the bidder.
All insurance policies required above shall be issued by companies authorized to do business under the laws of the
State of Florida, with the following qualifications:
The Company must be rated no less than "A" as to management, and no less than "Class V" as to financial strength,
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Request for Proposals (RFP) 547382,4
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 PROPOSAL NUMBER AND/OR TITLE OF REQUEST FOR PROPOSAL MUST
APPEAR ON EACH CERTIFICATE.
Compliance with the foregoing requirements shall not relieve the Successful 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 Successful Proposer shall be
responsible for submitting new or renewed insurance certificates to the City at a minimum of ten (10) calendar days
in advance of such expiration.
--In the event that expired certificates are not replaced with new or renewed certificates which cover the
contractual period, the City shall:
(4) Suspend the contract until such time as the new or renewed certificates are received by the City in the manner
prescribed in the Request for Proposal.
(5) The City may, at its sole discretion, terminate this contract for cause and seek re -procurement damages from
the Successful Proposer in conjunction with the General and Special Terms and Conditions of the Request for
Proposal.
The Successful 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 Successful Proposer.
2.12. CONTRACT ADMINISTRATOR
Upon award, Successful Proposer shall report and work directly with Chief Terrence Davis, who shall be designated
as the Contract Administrator for the City.
2.13. SUBCONTRACTOR(S) OR SUBCONSULTANT(S)
Subcontractors or Subconsultants will not be allowed under this contract.
2.14. TERMINATION
A. FOR DEFAULT
The City reserves the right to terminate this contract upon ten (10) days written notice of default, in part or in whole,
or place the Successful Proposer on probation in the event that the Successful Proposer fails to perform in
accordance with the terms and conditions contained herein. This may be done by the City without recourse or
penalty to the City. The City further reserves the right to suspend or debar the Successful Proposer in accordance
with the appropriate City ordinances, resolutions and/or administrative/implementing orders. In the event of
termination for default, the City may procure the required goods and/or services from any source and use any
method deemed in its best interest. All re -procurement costs shall be borne by the Successful Proposer.
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B. FOR CONVENIENCE
The City Manager may terminate this Contract, in whole or in part, upon 30 days prior written notice when it is in
the best interests of the City of Miami. If this Contract is for supplies, products, equipment, or software, and so
terminated for convenience by the City of Miami the Successful Proposer will be compensated in accordance with
an agreed upon adjustment of cost. To the extent that this Contract is for services and so terminated, the City of
Miami shall be liable only for payment in accordance with the payment provisions of the Contract for those services
rendered prior to termination.
2.15. 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
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 (PRIORITY)
The Successful Proposer agrees upon award of this contract that the City of Miami shall be its primary client and
shall be serviced first during a schedule conflict arising between this contract and any other contract Successful
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. CHANGES/ALTERATIONS
Proposer may change or withdraw a Proposal at any time prior to Proposal submission deadline; however, no oral
modifications will be allowed. Written modifications shall not be allowed following the proposal deadline.
2.18. INVOICING
The City's Finance Department requires that original invoices be forwarded to a prescribed address as denoted in
every Purchase order. However, Successful Proposer shall forward a hardcopy of any original invoice to the City
Project Manager.
Invoice must have the following information as a minimum:
Description of service;
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Unit and total cost;
Purchase Order Number
Invoice number; and
Time period of service.
2.19. METHOD OF PAYMENT
Full payment will be made upon receipt and acceptance of a complete unit(s). No down or partial down payments
will be made.
2.20. SERVICE FEES
Each Proposer shall detail any and all fees and costs to provide the required services as detailed in Section III, Scope
of Services herein, on Appendix B, Fee Schedule. The City reserves the right to add or delete any service, at any
time. Should the City determine to add an additional service for which pricing was not previously secured, the City
shall 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
service(s).
Failure to submit compensation proposal as required shall disqualify Proposer from consideration.
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 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) The Committee reserves the right to rank the proposals and shall make its recommendation to the City Manager
requesting the authorization to negotiate. No Proposer(s) shall have any rights against the City arising from such
negotiations thereof;
(8) The City Manager reserves the right to reject the Committee's recommendation to negotiate, and instruct the
Committee to re-evaluate and make another recommendation, or reject all proposals. No Proposer(s) shall have any
rights against the City arising from such termination thereof;
(9) If the City Manager accepts the Committee's recommendation to negotiate, Procurement will negotiate a final
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Request for Proposals (RFP) 547382,4
contract with the Successful Proposer, and submit a recommendation to award a contract (s) to the City Manager;
(10) The City Manager shall then submit his or her award recommendation and negotiated contract (s) to the City
Commission for approval. Written notice shall be provided to all proposers.
(11) If the City Manager accepts the award recommendation, the City Manager's recommendation for award of
contract will be posted on the City of Miami Procurement Department website, in the Supplier Corner, Current
Solicitations and Notice of Recommendation of Award Section. The notice of the City Manager's recommendation
can be found by selecting the details of the solicitation and is listed as Recommendation of Award Posting Date and
Recommendation of "Award To" fields. If "various" is indicated in the Recommendation of "Award To" field, the
Proposer must contact the Contracting Officer for that solicitation to obtain the suppliers names.
(12) After reviewing the City Manager's recommendation, the City Commission may:
1. Approve the City Manager's award recommendation and negotiated contract(s);
2. Reject all proposals;
3. Reject all proposals and instruct the City Manager to reissue a solicitation; or
4. Reject all proposals and instruct the City Manager to enter into competitive negotiations with at least
three individuals or firms possessing the ability to perform such services and obtain information from said
individuals or firms relating to experience, qualifications and the proposed cost or fee for said services,
and make a recommendation to the City Commission.
The decision of the City Commission shall be final. Written notice of the award shall be given to the Successful
Proposer.
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.
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3. Specifications
3.1. SPECIFICATIONS/SCOPE OF WORK
1. Purpose
The City of Miami Fire Rescue Department (The Department) is seeking proposals from qualified firms possessing
strong qualifications and expertise to provide comprehensive EMS Transport Billing, Third Party Billing Services
and Reporting. The Successful Proposer shall also demonstrate their expertise in the area of Medicare and Medicaid
billing, and propose to perform the work at a reasonable cost.
2. History and Background:
The Department provides Fire Suppression and EMS for the residents and visitors to the City of Miami. The
Department serves a population of roughly 400,000 residents covering an area of 35 square miles, The Department
primarily transports Advance Life Support (ALS) and Basic Life Support (BLS) patients from within the limits of
the City of Miami. The Department operates a fleet of emergency vehicles which includes 24 ALS Rescues, 2 ALS
Engines, and 15 BLS Fire suppression apparatus. In Fiscal Year 2014, the Department responded to approximately
98,262 EMS related calls and transported approximately 40,624 patients to area hospitals. The Departments
personnel attempt to obtain accurate billing and patient information at the time services are rendered; however,
because of the emergency nature of the business, this is not always possible, The Department will attempt to provide
the Successful Proposer with accurate billing information, but it will ultimately be the responsibility of the
Successful Proposer to obtain accurate patient and insurance information.
When a patient is transported by the Department, they are billed at one of four levels of service, in addition to other
miscellaneous charges. The current rates for transport are listed below:
Basic Life Support (BLS) $800.00
Advanced Life Support (ALS) $800,00
Advanced Life Support 2 (ALS2) $900.00
Specialty Care Transport $900.00
Mileage $15.00 per load mile
The Department currently contracts with McKesson Cooperation for comprehensive billing and collections services.
This contract began on September 20, 2005 and is currently in an extension period until September 19, 2016, or at
the award of this contract.
The Successful Proposer shall provide and perform all the necessary tasks associated with comprehensive billing
and reporting services for all billable emergency services, transports, and false alarms provided by the Department.
In addition, the Successful Proposer shall function as an independent entity. Rate charges for all services rendered
by the Department for responses and transports shall be those rates adopted by the City Commission, and the
Department may modify the rates at any time upon written notification to the Selected Proposer. All policy decisions
will be made by the Department and administered by the Successful Proposer.
3. Transition
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The Successful Proposer shall have sixty (60) days from award of the contract to transition the services from the
incumbent vendor to the Selected Proposer's system. The Department will coordinate the Successful Proposer's
activities with the incumbent vendor to ensure an orderly transition. Moreover, a seamless data conversion must
occur with incumbent vendor. During the "transitional period" the Successful Proposer shall maintain "current
existing performance levels" with regard to billing and collections. A 2% or less margin of deviation will be
considered acceptable.
The Successful Proposer will not receive compensation during this transitional period and shall be limited to the fees
provided in the Price Schedule, The Successful Proposer, in carrying out the above, will be expected to cooperate
with the Department and other City agencies in determining the training, forms, requirements, necessary files and
other materials and services required to initiate and maintain these operations.
4. Services to be Provided
Successful Proposer shall:
a) Have the ability to accept data from the Department or its electronic Patient Care Reporting system (ePCR)
provider and accurately process billings;
b) Retrieve all data from incumbent billing provider and download into Successful Proposer's database;
c) Have the ability to access and resume service on previously billed accounts; and
d) Have the ability to produce required reports including but not limited to financial and management reports.
In addition to the above, the Successful Proposer shall:
a) Clearly demonstrate the ability to delineate and operate a fail-safe Data Recovery Project Plan and System
should a disaster or unanticipated down time occur;
b) Provide a thorough description of the technology that will be utilized (i.e., hardware, software, database,
security and network infrastructure),
c) Demonstrate and describe its plan for achieving compliance with the Transaction and Code Set, Security and
Privacy regulations under the Health Insurance Portability and Accountability Act of 1996 (HIPPA); and
d) Demonstrate established relationships with insurance providers to ensure a timely collection of relevant
insurance information.
5. Billing Services
The Successful Proposer shall employ, maintain and assign an adequate number of competent and qualified
professionals, as deemed necessary by the Department to meet the performance requirements. The Successful
Proposer shall take the necessary steps in terms of billing patients, following -up with patients via mail, phone, or
other available communications means, to maintain the same, or higher collection levels as the incumbent vendor
during calendar year 2014/2015. The Selected Proposer shall transfer any uncollectible accounts to the Department
at the request of the Department.
Pursuant to the Scope of Services, the Successful Proposer shall perform all services and/or work necessary to
complete the following tasks and/or provide the following items:
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a) Electronic Receipts of Billing Information from Department:
The Successful Proposer shall have the capability to receive all billing information from the Department and/or its
ePCR provider in a standard electronic format.
b) Electronic Claims Submission:
The Successful Proposer shall provide the capability to transmit/submit claims electronically to Medicare, Medicaid,
and commercial insurance carriers.
c) Patient Information:
The Successful Proposer shall take action to obtain any necessary information which may not be in the initial
account file. The Successful Proposer shall enter into a business associate agreement with area hospitals to obtain
patient information in accordance with Health Insurance Portability & Accountability Act (HIPPA).
d) Insurance Reviews:
The Successful Proposer shall perform all necessary insurance follow-ups to assure maximum collection on claims.
e) Medicare/Medicaid:
The Successful Proposer shall comply with all Medicare, Medicaid, and HIPPA rules and regulations. The
Successful Proposer shall enter into a business associate agreement with the Department. This shall include keeping
abreast of all Medicare, Medicaid, insurance, and other health care issues which may impact payments to the
Department for emergency transports. The Successful Proposer shall review each Patient Care Report (PCR)
narrative to make a level of service determination based on Medicaid guidelines, prior to releasing claims to
Medicaid.
f) Crossover Eligibility:
The Successful Proposer is responsible for identifying and securing payments due to crossover eligibility,
co-insurance, deductibles, etc.
g) Timely Billings:
The Successful Proposer shall be expected to bill emergency transport patients and/or file patient insurance within
30 days upon receiving transport information from the Department. In the event the information is unattainable, the
Department expects a CLAIM to be filed as soon as the information required is obtained, and in all cases an invoice
be sent to patients with valid addresses. A sample of the billings/invoice shall be included in the proposal,
h) Follow-up Billings and Procedures:
The Successful Proposer shall have a detailed plan and procedure for claim follow-up to assure maximum collection.
The Successful Proposer shall be expected to re -bill emergency transport patients and/or patients' insurance claims
on unpaid balances. This invoice shall reflect detail account activity, including but not limited to, the Department
patient account number, original billing amount, detail payment information, and account balance. A sample of the
rebill/invoice shall be included in the proposal.
i) Current Database:
The Successful Proposer shall be able to merge current open accounts from the Department or its ePCR provider and
current provider billing system. In addition, the Successful Proposer shall grant access to authorized Department
employees to the Successful Proposer's billing database, including the ability to search for patient information by
one or more of the following fields: patient name, date of service, Successful Proposer patient account number, or
Department patient account number. Department employees will also be granted access to print patient account
statements, similar to those requested by and mailed to the patient by the Successful Proposer.
j) Refunds:
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The Successful Proposer shall establish a systematic plan for determining overpayments and assuring refunds to
patients or third party payers are processed within three (3) months from the date when the account goes into
overpayment/credit balance status. A copy of this plan shall be included in the proposal.
k) Patient Account Numbering System:
All patient account numbers must be cross-referenced with the Department incident number. The Department
incident number is in a calendar year -number fottnat and will be sent to the Successful Proposer as a two -digit year,
a five digit incident number. For example, an incident number for three patients on one call, will be forwarded to the
Successful Proposer as Department patient account number 14-00001 representing patient one, account 14-00002
representing patient two, and account number 14-00003 representing patient three. Regardless of the patient account
numbering system used by the Successful Proposer, the Successful Proposer shall provide the Department patient
account number on all billings and patient correspondence including, but not limited to, the patient account
statement and all monthly reports. Additionally, the Successful Proposer shall provide the Department access to the
Successful Proposer's database with the ability to search for patient information by one or more of the following
fields: patient name, date of service, Successful Proposer patient account number, or Department patient account
number..
1) Probate Claims:
The Successful Proposer shall be responsible for filing probate claims, when applicable, on behalf of the
Department. All requests for Satisfaction of Claims shall be forwarded to the Department for approval and signature.
6. Personal Injury Protection (PIP) Claims Review
Successful Proposer shall:
a) Diligently and expeditiously process PIP insurance claims with the PIP insurer.
b) Coordinate its services relating to auto -related emergency transport accounts with those of the attorney retained
by the Department to provide legal services relating to PIP insurance claims (PIP Attorney), in order to enable and
ensure maximized collection efforts for auto -related emergency transport accounts. Successful Proposer and PIP
Attorney shall work cooperatively to coordinate their efforts and do so in accordance with any applicable laws,
including but not limited to the Fair Debt Collection Practices Act and HIPAA. Coordination of services and
timeframes between Successful Proposer and the PIP Attorney will be coordinated through the Department staff.
c) Diligently and expeditiously research PIP information for auto -related accounts without PIP information; after
which accounts that are still missing necessary PIP information shall be promptly referred to PIP Attorney for
additional research of PIP information.
d) Provide all auto -related account information to PIP Attorney on a regular basis to enable PIP Attorney to review
accounts and take legal action, if warranted, to maximize PIP payments.
e) Provide department with a summary report showing PIP account number, account status, billed amount,
collected amount, adjusted amount, date referred to PIP Attorney (if any) and outcome.
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f) Track and report to Department on a monthly basis payments received on accounts referred to PIP Attorney for
action,
g) Provide historical billing & collection information on auto -related accounts to allow PIP Attorney historical
review to maximize collections within statutory limits.
7. Service Fees
The Selected Proposer shall perform EMS Billing and collection services on behalf of the Department. All monies
collected by the Selected Proposer shall be deposited in the designated lockbox. At the end of each calendar month
Selected Proposer shall send an invoice to the Department with collection details of all Department transports
entered in the Selected Proposer's billing system from the preceding month. Payments to the Selected Proposer will
be made by the Department after satisfactory reconciliation of the invoices. The invoice shall be based on the
proposed Appendix B, Fee Schedule (See Section 2.20, Service Fees).
The Successful Proposer shall be entitled to fees on all collections for billings during Contract term, up to six (6)
months after expiration or termination of Contract. The Department will be entitled to a refund of fees due to
refunds on collections for billings during Contract term, up to one (1) year after expiration or termination of
Contract.
8. Receipt of Funds
a) Lock Box: The Successful Proposer shall be required to establish a "lock box" for all receipts under this
Contract. This lock box shall be established with a financial institution under Contract with the Department. All
customer and third party receipts are to be mailed to the designated lock box for accounting of deposits. The
Successful Proposer shall make arrangement to have copies of all deposits and backup forwarded to them from the
financial institution,
b) Receipt Posting: The routine function of posting charges, receipts, account balances, etc. are never to exceed
seven (7) working days from receipt of same. Copies of all deposits and back-up information shall be provided to
the Department within seven (7) working days of deposit.
c) Credit Cards: The Successful Proposer shall be required to establish a method to accept and record credit
cards from patients electronically.
Note: Department financial institution will be identified by the Department to the Successful Proposer upon
Contract execution,
9. Service Review
The Successful Proposer shall meet with a representative or representatives of the Department at a location of the
Department's choosing at leastBi-Monthly. Topics to be discussed will include differences in the expected versus
actual collection rate, deficiencies in clinical and demographic documentation, ALS/BLS patient treatment, and
other topics of concern to the Successful Proposer or Department. At the service review meetings the Successful
Proposer will be expected to have specific suggestions for improving any deficiencies identified in either parties'
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documentation or processes.
10. Data Format
All reports shall be provided in hard -copy form as well as CD form in a file format usable by the Department. These
formats are as follows:
1. Excel
2. Text
All patient contacts are documented using the Department's electronic ePCR system. During a patient encounter a
member of the Department documents relevant clinical and demographic information in an electronic format that is
stored in a Structured Query Language (SQL) database on a server owned by the Department. The Department will
provide all information relevant to billing via an electronic billing extract produced at least once every 24 hours.
This data will be provided in the form of one Extensible Markup Language (xml) file per billable patient encounter.
Successful Proposers will be required to demonstrate the ability to accept data in this format with little or no
modification.
The Department is interested in maximizing the existing and planned reporting capabilities of the current ePCR
vendor. To further this goal, Successful Proposers will be required to demonstrate the ability to periodically produce
a demographic extract containing information related to a given patient encounter. This information is expected to
include at least the amount billed for the encounter, the amount collected for the encounter, primary and secondary
payers, patient's SSN (if not collected on scene), health insurance information (carrier name, policy and group
number, etc.).
11. Demographic Information
The Department will not always be able to obtain or provide complete demographic or insurance information to the
Successful Proposer due to the emergency nature of the incidents responded to by the Department. Successful
Proposer will be required to demonstrate relationships with health insurance providers and entities whose primary
business is the collection, storage, and dissemination of this type of information. Successful Proposer will be
required to have the ability to electronically access these databases and directly download required information.
Successful Proposer will further be required to obtain electronic access to patient records at the hospitals. Of
particular interest to the Department is a billing company's ability to obtain billing information when provided with
a patient's complete driver license number. This capability is to be used to obtain demographic and insurance
information that is not obtainable through other means.
12. Mileage Calculation
The Successful Proposer shall have a system that will automatically geocode all incident locations reported in the
Department billing extract. This system must be able to calculate the mileage from an incident scene to the patient's
destination hospital.
13. Claim Submission
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The Successful Proposer shall process all claims as expeditiously as possible. Successful Proposer shall agree to a
specific processing schedule. Any file that identifies automobile insurance as the primary or secondary insurance
provider will be submitted to the responsible party on the first business day that the file is in the billing companies'
possession. All other files shall be submitted to the responsible party within 48 hours of receipt. Successful Proposer
will be required to show the capacity to adhere to this schedule.
14. Reporting Requirements
The Successful Proposer shall maintain a computerized database of all accounts and shall provide the Department
with reports to show management and financial information. The Successful Proposer at a minimum will provide all
reports provided to the Department by the incumbent. The Department will provide samples of all current reports to
the Successful Proposer. The format of reports required under this contract will be determined by the Department. In
addition to the reports described below, the Successful Proposer shall provide any custom reports at the request of
the Department in a mutually agreeable timeframe at no cost.
15. Monthly Reports
On a monthly basis, the Successful Proposer shall submit to the Department, at a minimum, the following:
1) Report of Transports Billed and Payments Received: This report will compare all billings to all the incidents
in the billing extracts sent to the Successful Proposer. The report shall identify date of transport, fire incident
number, patient number, patient name, complete patient address, incident date, the invoiced date, number of
transports billed, procedures billed, dollars billed, the number of transports not billed, and the dollar value of
accounts not billed. A grand total of billed and not billed for the month of transport must also be computed.
Additionally, the report must summarize the monthly billing activity as follows: Number of ALS billings with
amount billed, including details for mileage, oxygen and all other billable services. Number of BLS billings with
amount billed, number of mileage and amount billed, including details for mileage, and all other billable services.
The report will also include other transport categories, such as number of billings and amount billed. This report
must summarize the number of billings and amounts by type of transport, and item billed, such as number of miles
billed, dollar value of miles billed, number of oxygen billings and all other billable services.
2) Report of Collections: This report shall verify and reconcile lock box batch deposit activity with collection
posting activity. The report shall identify the patient number, fire department alarm number, patient name, patient
complete address, payment amount, type, batch #, batch total, and grand total of all monthly payments.
3) Collection Statistics Report: This report shall provide statistical information about billing and collections over
time; show gross billings by date of incident (transport) month and the related collections to date. Gross billings
should not be reduced for returned mail, bad debts, or authorized write-offs. The report shall differentiate for billing
type, such as ALS and BLS, including all fees associated with the transport. The report shall include the total billed
in the transport month, and in any subsequent months. Collection information by month shall also be provided. A
grand total for each column shall be provided.
4) Payment Report: This report shall show the accounts receivable in lockbox batch deposit order during the
month and must include, as a minimum: incident number, patient number, patient name, patient's complete address,
payment amount and type, batch total on each lockbox batch number, and grand total of all monthly payments.
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5) Collection Summary: This report shall list monthly payments in item (5) above by original transport month,
incident month and amount collected in the month.
6) Report on Transports Deemed Not Medically Necessary: This report will detail all incidents that the
Successful Proposer or any 3rd party payer deem not medically necessary. Included in this report will be the incident
number, officer in charge, reported level of service, reason for the finding of non -medical necessity.
7) Report of Medical Supplies Used: This report will estimate the amount of medical supplies used based on the
treatments that Department report writer's document. The Department will assist the Successful Proposer in the
creation of this report by providing the rules and assumptions the Successful Proposer will need to create an
acceptable report.
8) Insurance Activity Report: This report will show the portion of actual collections and the accounts receivable,
detailed by self, Medicaid, Medicare, Automobile Insurance, and private insurance, by type of transport (ALS and
BLS). A combined grand total for each column will be provided.
9) Total Billings by Incident Month: This report will list cumulative number of gross billings for each incident
(transport) month by type of transport (ALS and BLS). A combined grand total for each column will be provided,
10) Accounts Receivable (A/R): This report will show the amount owed by all transported patients at the end of the
month and will include: gross billing since inception, payments since inception, Department approved adjustments
and write-offs since inception, Medicaid and Medicare adjustments, and ending balance of accounts receivable, by
type of transport (ALS and BLS). A combined grand total for each column will be provided.
11) Adjustments and Write-offs: This report will provide details of amounts in write-off columns of item (8)
above for the current month and show: patient number, patient name, gross billing amount, payments made,
adjustment or write-off amount approved, and revised amount due, by type of transport (ALS and BLS). A
combined grand total for each column will be provided.
12) Credit Balance Report: This report will list all accounts having a credit balance at the end of the month. This
report would show: patient number, patient's name, incident date, amount billed, amount paid by payer, and credit
balance amount.
13) Refund Listing: This report will list accounts requiring a refund due to overpayment and must show: patient
number, patient name, patient address, incident date, amount originally billed, total amount paid on account detailed
by date, amount and related lockbox batch number, refund amount, and payer due refund.
14) Number of Days between Incident Date and Billing Date Thirty (30) days:This report will list all incidents
billed during the month, and the number of days between the incident date and the first billing date. The report
would show: patient number, patient's name, incident date, first billing date, and number of days between incident
and billing date sorted by rescue unit number, Also shows subtotals for each unit and average number of days
between incident and billing. Report may also include date report received.
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Request for Proposals (RFP) 547382,4
15) Collection Summary Inception to Date by Month: This report will list total charges by transport month
without write-offs or reductions, total payments to date, gross collection rate, amount paid to billing vendor based
upon collections by billing month, and gross effective collection rate.
16) Report of Transports by Rescue Unit and Officer in Charge: This report will track bills by type, by unit, by
officer in charge as well as collections by type of insurance.
17) Report Comparing Dispatch Type to Patient Treatment: This report will compare the dispatch type
determined by the Clausen Medical Priority Dispatch system to the level of service paid for by the responsible party.
Included in this report will be the incident number, officer in charge, and other information pertinent to justifying
the use of an ALS apparatus.
In addition to the above monthly reports, the Successful Proposer shall provide the following reports:
1) Schedule of Transport Charges & Collections: This report shall include a summary of the following: Number
of Transports, Gross Charges, Adjustments, Net Charges, Receipts, Balance Due, Percentages showing Gross
Collections, Net Collections and percent of Paying Patients -All classified by Transport Month/Year.
2) Collection Schedule: This report shall include Deposit Date, Number of Items, what Collected for Today/each
day, what was collected Month -to -Date, Collected Fiscal Year -to -Date, and Collected Cumulative.
3) Monthly Billing & Collection Summary: This report shall include Transport Month/Year, Total Gross
Billing, Less Gross Adjustments, Collections this Month, Collections to date; Collected Gross Amount over 50%.
Note: This report shall be provided as backup to the Finance Department for payment of invoice and should provide
calculation of monthly fee for third -party billing company.
4) Collection by Financial Class: This report shall provide a summary for each Transport Month/Year broken
down by Account Type (Self -pay, Medicaid, Medicare, Private Insurance) Report shall include: Billed Amount,
Amount Collected, Percent Collected, Number of Accounts, Number of Not Billable Collections, Gross Unbillable
Collections, Total Accounts, and the Gross Amount Billed.
5) Ambulance Billing Adjustments -Write -Offs -Reversals: his report shall include the Patient Account Number,
Patient Name, Incident Date, Adjustment Amount, Adjustment or Reversal, and Type of Adjustment.
6) A/R by Payor Class: This report shall include the Patient Account Number, Patient Name, Incident Date, File
Date, Payor Class, Amount Billed, Adjustment Amounts, Amount Paid, and Amount Due. This report shall also
include summary totals by Fiscal Year and Payor Class.
7) Report by Incident Date (In Numerical Order by Date): This report shall include the Patient Account
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Number, Patient Name, Street Address, Department/State, Incident Date, Total Charges (amount billed), Adjustment
Amount, Amount Paid, and Amount Due.
8) A/R Aged Trial Balance: This report shall include Final Totals as well as the Number of Accounts Aged for
the following categories: Current, Over thirty (30) days, over sixty (60) days, Over One Hundred Twenty (120)
days, Over One Hundred Fifty 150 days and the Balance.
9) Ambulance Payment Report: This report shall include the Patient Account Number, Patient Name, Street
Address, City/State, Incident Date, Check Number, Check Amount, and Payment Type.
Note: This report shall provide summary (as well as detail) of total amount collected for the month with a total
number of accounts and the amount collected broken down by classification of payment.
10) Report of A/R: This report shall provide Dollar Amount as well as the Number of Gross Billings Less what was
removed from A/R for the month, Less Payments, Less Adjustments/Write-Offs, Less Reversals to give the Balance
of A/R.
11) Insurance Receivable Report: This report shall include Transport Month/Year and Balances, Number of
Accounts broken down by Insurance Type, Last page provides totals by category.
12) Ambulance Unit Report by Incident Month: This report shall Include Number of Calls, Gross Billing,
Amount Received and Percent of Gross broken down by Transport Month/Year and Unit Numbers.
13) Ambulance New Billing Report: This report shall include Patient Account Number, Patient Name, Incident
Date, Base Amount, Mileage Amount, Total Billed, Call Classification (ALS/BLS, etc.) for all new billings.
14) Deposit Report: This report shall include deposit Batch Number, Account Number, Patient Account Number,
Patient Address, Date of Service, Payment Date, Check Number, Check Amount, payment Type, and Payer Name.
The Successful Proposer shall provide this report at least biweekly for the current month's deposits.
15) Audit Report of Accounts Changed -This report shall include the Patient Account Number, Patient Name,
Date of Service, Reason for Change, Amount Changed From, Amount Changed To, Net Amount of Change and
Date of Change. The purpose of this report is to identify changes made to existing patient account charges.
16) General Account Activity -This report shall include the General Account Number, Payor Name, Check
Number, Check Amount, and Deposit Date. The purpose of this report is to provide a detail listing of payments
posted to a general account pending transfer to specific patient account(s) or refunded to the payor.
Note: At the discretion of the Department, some of the above reports may only need to be produced quarterly.
17) Ad Hoc Reports -While the Successful Proposer shall provide monthly reports specified above on a routine
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Request for Proposals (RFP) 547382,4
basis, the Successful Proposer may be required to generate and provide ad hoc reports as needed by the Department.
This may include additional monthly reports not listed above. These reports would be limited to information
available in the Successful Proposer's database.
18) Annotated Log Reports: The Successful Proposer shall maintain an annotated log by patient account for any
and all contacts with the patients/customer. This shall include any insurance, billing, or collection activity. This
information shall be provided when requested by the Department.
16. Other Services or Provisions
1) Patient Calls: The Successful Proposer shall provide a minimum of two (2) toll free local, and/or toll free long
distance numbers by which patients/customers may contact them anywhere in the Continental United States. These
numbers shall be published on all correspondence and letterheads generated by the Successful Proposer.
2) Patient/Customer Communications: All written or verbal communications between the Successful Proposer
and the patient/customer (patient or legal guardian) will be conducted in a professional and courteous manner and all
complaints shall be investigated. All patient/customer contact whether written, verbal or otherwise shall be posted to
the annotated logs. All written patient/customer communications shall include the Department patient account
number.
3) Quarterly Meeting: The Successful Proposer shall meet quarterly with designated Department personnel at a
Department designated site for in-service training of Department Administrative personnel and to address
contractual, managerial, and/or administrative issues pertinent to the Contract.
4) Education: The Successful Proposer is required to provide in-service training to the Department
Administrative personnel on all Medicare, Medicaid, and HIPPA rules and regulations. This in-service training shall
be provided during the quarterly meetings specified above. This shall include providing Department staff with all
informational updates that are deemed pertinent to emergency transport billing.
5) Request for Information: All requests to the Department for EMS records are to be in writing and shall
include the Department patient account number. Verbal requests will be denied.
6) Statement/Account Balance Requests: The Department shall forward all requests for Statement or Patient
Account Balance to the Successful Proposer electronically for processing.
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Request for Proposals (RFP) 547382,4
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. Submission Requirements supersedes Section 1.78. Submission and Receipt of
Responses of this RFP document.
4.2 INSTRUCTIONS TO PROPOSERS
A. Include the signed RFP Certification Statement.
B. Include in detail, evidence that clearly demonstrates Proposer meets the minimum qualification
requirements, pursuant to Section 2.8 Proposer's Minimum Qualifications.
1. Cover Page
The Cover Page should include the Proposer's name; Contact Person for the RFP; Firm's Liaison for the Contract;
Primary Office Location; Local Business Address, if applicable; Business Phone and Fax Numbers, if applicable
Email addresses; Title of RFP; RFP Number; Federal Employer Identification Number or Social Security Number,
2. Table of Contents
The table of contents should outline, in sequential order, the major sections of the Proposal as listed below,
including all other relevant documents requested for submission. All pages of the Proposal, including the enclosures,
should be clearly and consecutively numbered and correspond to the table of contents.
3. Executive Summary
A signed and dated summary of not more than two (2) pages containing Proposer's overall Qualifications and
Experience and Technical Qualifications, as contained in the submittal. Proposer shall include the name of the
organization, business phone and contact person and a summary of the work to be performed.
4. Proposer's Experience Past Performance
a) Describe the Proposer's orgaizational history and structure; years Proposer and/or firm has been in business
providing a similar service(s).
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b) Provide a detailed of list of comparable contracts (similar in scope of services to those requested herein) which
the proposer has either ongoing or completed within the past five years. The description should identify for each
project:
Client
i. Description of work
ii. Total dollar value of the contract
iv. Dates covering the term of the contract
v. Client contact person and phone number
vi. Statement of whether proposer is/was the prime contractor or subcontractor
vii. If Proposer was the subcontractor name the prime
viii. Detail Proposer's responsibilities and the results of the project
Where possible, list and describe those projects performed for government clients or similar size private entities.
(excluding any work performed for the City of Miami)
c) Provide any other information or documentation related to Proposer's qualifications and experience from which
the City of Miami can benefit under this contract.
d) 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 is or has been involved within the last five years.
Note: Proposer should demonstrate a minimum of five years' experience in providing EMS Transport Billing
Services
5. Key Personnel Performing Services
1. Provide an organization chart showing the Project Manager and all key personnel, including their titles, to be
assigned to this project. All key personnel include all partners, managers, seniors and other professional staff that
will perform work and/or services in this project.
2. Describe the experience, qualifications and other vital information, including number of years of relevant
experience on previous similar projects, of the Project Manager and all key personnel, who will be assigned to this
project.
3. Provide resumes, if available with job descriptions and other detailed qualification information on the Project
Manager and all key personnel who will be assigned to this project.
Note: After proposal submission, but prior to the award of any contract issued as a result of this Solicitation,
the Proposer has a continuing obligation to advise the County of any changes, intended or otherwise, to the
Project Manager and key personnel identified in its proposal.
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6. Proposed Approach to Providing the Services
1. Describe Proposer's approach to project organization and management, including the responsibilities of
Proposer's management andstaff personnel that will perform work in this project.
2. Provide Proposer's operational plan that clearly indicates how the Proposer plans to provide the services
requested in this Solicitation, The Proposer's operational plan must detail how the Proposer intends to fully satisfy
the requirements outlined in this RFP, and proposed actions that will be taken to ensure maximum recovery of each
account that has been. assigned. (See Section 3.0) The operational plan should:
1) Indicate how the Proposer will address client relations while maximizing collections.
2) Provide examples of the type and series of collection notices that are proposed and indicate chronological stages
of their use in the individual collection process.
3) State the length of time a collection activity is maintained by Proposer before the particular account is
downgraded or considered uncollectible.
4) Describe Proposer's collection procedures.
5) Describe the Proposer's capabilities to accommodate electronic transfer of accounts, computer disk and/or hard
copy paper files.
6) Describe the methods the Proposer accepts for payment (i.e., credit card, check, etc.).
7) Describe Proposer's ability to fulfill the reporting requirements, as described in the Scope of Services, Section
3.0 (14).
8) Provide samples of the proposed billing formslinvoices described in the Billing Services, Section 3.0 (5) (g) and
(h).
9) Describe Proposers systematic plan for determining over payments and assuring refunds are provided to
patients or third party providers within three months of overpayment/credit status.
10) Include a narrative that details the complaint procedures, including the resolution process that will be followed
in the event a complaint is received from a client or their representative.
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11) Identify if Proposer has taken any exception to the terms of this Solicitation. If so, indicate what alternative is
being offered and the cost implications of the exception(s).
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5. Evaluation Criteria
5.1. EVALUATION CRITERIA
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. Failure to comply with these requirements may result in the proposal being
deemed non -responsive.
Proposals will be evaluated by an Evaluation/Selection Committee (Committee) which will evaluate and rank
proposals on criteria listed below, The Committee will be comprised of appropriate City personnel and members of
the community, as deemed necessary, with the appropriate experience and/or knowledge. The criteria are itemized
with their respective weights for a maximum of one hundred (100) points per Committee member.
Technical Criteria and Points
Proposer's relevant experience, qualifications, and past performance
35 points
Relevant experience and qualifications of Project Manager and key personnel that will be assigned to the
project.
15 points
Proposer's approach to providing the services requested in this solicitation and ability to meet
schedules.
30 points
Price Criteria and Points
Proposer's financial capabilities, and proposed fees.
20 points
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