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HomeMy WebLinkAboutRequest for Proposal(.it of4iiiarni .ANNIE PEREZ. CPPO DANIEL J. ALFONSO Chi men/ {. f;i er Cih \ Ian a+*er ADDENDUM NO. 1 RFP NO. 727382 November 6, 2017 Request for ProposalsiRFP) for Employee Voluntary Loan Program TO: ALL PROSPECTIVE PROPOSERS: The following changes, additions. clarifications, and deletions amend the RFP documents of the above captioned RFP, and shall become an integral part of the Contract Documents, Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall be added. The remaining provisions are now in effect and remain unchanged. Please note the contents herein and reflect same on the documents you have on hand. The following are the City's responses to questions received from prospective proposers: Q1. We incorporate employment data into the underwriting, giving the long term employee extra positive weight beyond just their credit scores. So, Good Loyal employees with strong employment data but a poor credit score are able to access fair and lower cost credit, regardless of their credit score. It is also required for employees to have a bank account. Do we still qualify to participate in the RFP? Al. Pursuant to Section 3.1 B (2) Qualifications for this program shall be simple with no credit check or need for a bank account required. If approved for a loan the payments shall be automatically deducted from the employee's paycheck until loan is paid off. ALL OTHER TERMS AND CONDITIONS OF THE RFP REMAIN THE SAME. Sincerely, Are Perez, CPPO Director of Procurement AP/yc Cc: RFP Fife City of Miami Request for Proposals (RFP) Procurement Department Miami Riverside Certer 444 SW 2"'d Aver Le 6' Poor Miami. Flcrida 3313C Ste Address .:'b'.. ;1'ia "':y°�'r „CS" ;�'7CL:f�•' er RFPN umber: Title: Issue Date'Titrte: RFPCIosittg Date/Time: Pre-Bid'Pre-Proposal Conference: Pre -Bid, Pre -Proposal Date,Time: Pre -Bid Pre -Proposal Location: Deadline for Request for Clarification: Contracting Officer: ]lard Copy Submittal Location: Contracting Officer E-Mail Address: Contracting Officer Facsimile: 727382 Request for Proposals for an Employee Voluntary Loan Program 26-OCT-2017 11'20'2017 ra 15:00:00 Voluntary Tuesday, Noy ember 7, 2017 at 10:00 AM 3liarni Riverside Center, 444 Sit 2 .Avenue, 6th FL , South COnference Room, .Miami, FL 33130 Monday, November 13, 2017 at 5:00 P'11 Calderon, l adissa City of Miami - City Clerk 3500 Pan American Drive Miami FL 33133 US y calderon a miamigov,com 305-400-5369 Pa 1 11 (-i 6, Certification Statement Pl :kse quote on this. torn. if applicable. net prices for the itetnts) Ilstecl. Return si.Irte l ;.trid retain a copy for our tiles. Prices should include all costs. includin' transportation to destination. The C'it� re�e r� e:s the right to accept or reject all or anti part of this submission. Prices should be firm for a minimum of I.•tl dais folio\ in!_= the time set for closin', of the submissions. IIh the eNent of errors in extension of totals. the unit prices shall tno. ern in deternhininii the quoted. prices. We t I k certif. that we hate read our solicitation_ completed the nece.sat-, documents. and propose to famish and deli\er, F.O.B. DESTINATION. the items or services specified herein. The undersi•,ned hereby certifies that neither the contractual party nor any of its principal owners or personnel ha‘c been con\icted of any of the violations. or debarred or suspended as set in section ] 1tt,orOrdinance No. 12271. All e`C:eptions to this submission hate been documented in the section below (refer to paragraph and section). EXCEPTIONS: We (1 I certify that any and all information contained in this submission is true: and we { l l further certify that this submission i; made w ithout prior understanding_. a reement. or connection w ith any corporation. tkrrri. or person submitun�-2 a submission for the same materials. supplies. equipment. or ser"l ice. and is in all respects fair and w ithout collusion or fraud. We tit agree to abide. by all term] and cold,tioihs of this solicitation and certify that I and authorized to sign this submission for the submittcr. Please print the follow in+_= and slut your name: PROPOSER NAME' ADDRESS. PHONE: FAX. CELL(Optional). SIGNED BY: TITLE- DATE- F 111_1:RE TO CO'IPLFTE, SIC\, AND RETI R\ THIS FORM SIRI_I. DISOU I.IFY THIS RESPO\SF. Paue_'of -In Certifications Lea_al Name of Firm: FEIN No.: Entit\ TLpe: Partnership. Sole Proprietorship. Corporation. etc. Year Established: Business Address: City. State. and Zip Code: T-eiephone Number: Fax Number: E-mail Address: Office Location: Cite of llianii. Miami -Dad County. or Other Business Tax Receipt Occupational License Number: Business Tax Receipt Occupational License Issuing Agency: Business Tax Receipt Occupational License Expiration Date: \Vill Subcontractors) or Sub consultant i:) he used? Sub consultant shall mean the same thing as a Paso 3 or4i Subcontractor in these documents. (Yes or Not (if \es tv}r llhat and \\hat per.ental e of such \\(Irk). 1V 19l furnish and pro\ ide professional .r\ ices to the (it'.. at minimum. in compliance \\ ith all contract documents and in compliance with all applicable laws. rues and reallatians. Certifies that neither the Proposer nor any of its principal owners or personnel or any subsidiar\ or the Proposer. ha\. been e n\ I.t.d Ol any oldie \ iolatIcn(s) or crimes or actions and conduct in\ ill\ moral turpitude as defined by applicable laws. or debarred or suspended as set forth in Section I;-l07. City Code. or as pro\ ided h\ 's,. I 33. Florida Statutes. The Proposer further certifies that the Proposer has not been debarred or suspended by the United States Go\ernnnent. the State of Florida, any political suhdi\ ision of the State of Florida or any Special District or Public School Beard in the State of Florida. Propose:' Understands that exceptions not timely or correctly taken are \\al\ed. Plea::list and acknow !e I . all addendum. addenda recei\ ed. List the addendum. addenda number and dare ot'receipt (i.e. Addendum No. I. 7 107). lino addendum. addenda \\as \\ere issued. please insert N A. f laj Proposer l"c\ ;.,\ el! the ati:3.:hed San;ple Professional Ser\ ices .A,rreen1ctlt (PS.A1? Does the Proposer acknow led"re that the attached PSA is an example of the standard .Agreement used in conjunction \\ ith the ser\ ices related to this Solicitation and shall not b. amended in any. material. subsianti\e. orsubstantial ',\-;i'. as determined by the City of tliarni Procireinent Department? Page 4 of 46 Lin : I Disregard this line item. Please refer to Section 3.1. Specitications,Scope of Scrtiices. Catcgory: 95883-00 L'nit of \ieasur.:: Dollar Unit Price: S \umber of Units: 1 Total: S Pat!c 3 of -to Raitio;t t REP) 72-3s2 Table of Contents Terms and Conditions 7 I . General Conditions 1.1. GENERAL TERMS AND CO\DITIO\S 7 2. Special Conditions .30 2.1. PURPOSE 2.2. VOLUNTARY PRE -PROPOSAL CONFERENCE 30 2.3. DEADLINE FOR RECEIPT OF REQUEST FOR ADDITIONAL INFORMATION CLARIFICATION 10 2.4. TERN! OF CONTRACT 14) 2.5. INSURANCE REQUIREMENTS 30 2.6. EXECUTION OF AGREEMENT 33 2.. CONDITIONS FOR RENEWAL 33 MININIUNI QUALIFICATIONS ;4 2.q. FAILURE TO PERFORM 35 2.1r). PROJECT NIANAGER 35 2.11. SUBCONTR.ACTORiS) OR SUBCONSULTANT(S) 2.12. TERMINATION 35 2.13. PRIMARY CLIENT (FIRST PRIORITY) 16 2.14. CIIINGES ALTERATIONS 36 2.15. FINANCIAL PROPOSAL 36 2.1 N. EVALUATION SELECTION PROCESS AND CONTRACT AWARD 2.1-. ADDITIONAL SERVICES 38 2.1 N. TRUTH IN NEGOTIATION CERTIFICATE .38 2.14. ADDITIONAL TERMS AND CONDITIONS 38 3. Specifications 19 3.1. SCOPE OF SERVICES 4. Submission Requirements 41 4.1. SUBMISSION REQUIREMENTS 41 5. EN aluation Criteria 45 5.1, EVALUATION CRITERIA 45 Pattiz 6 of 46 Terms and Conditions 1. General Conditions Request for Proposals 1 REP' 72-3s,2 1.1. GENERAL TER\IS AM) CONDI I I(\S References to ,t,d< on? ii'.ofar a' they are applicable to "Good," as defined in Section 1 S oldie City Cote. Referz^:C. I�''I'f.�t� ;I,ill.11 3;:Ef pe:",1'n;tl Ser\ ice's" are as defined in Section of the City Code. Intent: The Cflen tr it l: Lird l ondi[;.'I:i de.eriT7ed herein apply to the acquisition of'goods equipment ser\ Ice's \\-ith an esr:tn.ited c,'s[ 04.1 or more. Definition: .a t `: i?:11 yl'IiCitazion 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 \tilnii Procurement Code and or Florida Law. as arrest. ed. For:i t1 Solicitation and Solicitation ;!tall be defined in the sante manner herein. 1.1. ACCEPT 1NCF: OF ".104.1 15 in.idc. and ill actor .Ltrc T. and to be defecti•. c . \C'ir'.er. notice to the St:. Prol o,er'; expense. GOODS OR EQUIPMENT- Any. good's) or scr\ ices delivered under this formal : e;.lin the property of the seller until a p':'.:. ,ieal inspection and actual usage of the I i .accepted as satist,hcror\' to the City. It nilK' \\ith the terms herein and be fully are,' r.He '.!.'test quality-. In the e\ent t;.e goods equi nlellt supplied to the City r., I real specifications. the City reser%es the ri i it to cancel the order upon P:- 7, ,27 and return the product to the Successful Proposer at the Successful 1.2. '<4 (l ['TXNCF: OF OFFER- T`., ci: ':.f or electronic submission of your proposal shall be considered an : t oftree•_I offer shall be deemed accepted upon issuance by the City of a fi.;:'.hase. order. I .;. ACCEPTANCE, REJECTION - The City reset\ es the right to accept or reject any or all responses or parts of openlm_S c1osir,_t date and request re -issuance on the _woods ser\ Ices described in the torthial solicitation. in the i'. 2i'.t of such reelection. the Director of Procurement shall notify all affected bidders proposers and make a\ allable a Svrirten explanation for the rejection. The City also reserves the ri�Ltht to reject the response of any Sticcessfllt Proposer \\ ho has pre\ iously tailed to properly pertr)rni under the terms and conditions ofa contract. to deli \ er On time contract; of a similar nature. and who is nor in a position t0 perform the requirements defined in this formal solicitation. The City further reser\ es the ri'alit to \\'al\ e any irre.atllarities 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 Proposer's responsibility to ensure receipt ofall .Addenda. Addenda are available at the City's wehsite at: Ihtto: auu..ei.mianli.fl.us procurement. 1.5. ALTERNATE RESPONSES Ni ILL NOT BE CONSIDERED. Page 7 of4h Request for Proposals tRFP1 7.273.2 1.6..ASSIG\1IE\T - Successful Proposer artrees not to subcontract. assign. transfer, convey. sublet. transfer. pledee, encumber, or °t€hen%i;e dispose or the resultimi Contract. in whole or in an or any or all of its rivet. title or interest herein. 11 ithout (-ivy- of Nhanli's prior written consent. These particular services are considered unique in nature and specialized in trainiil_ and experience and the City will select a Proposer in reliance on such training and experience. 1.7..%TTORNE1'S FEES- In connection «it,l any liti'aation. in trial and appellate lekel;. mediation and arbitration arising- out or tllti Contract. each hair;y shall bear their own attorneys tees throu ih and includin" appellate htit!:ttion and .lilt post-ludiament proceedin s. 1.1..�C 1)1 1 RIGHTS .1\D RECORDS RETENTION- The Successful Proposer arerees to pro%ide access at all r.asorial :e times to the City. or to any of its duly authorized representatives. to ativ books. documents. papers. and records ofSuccessful Proposer which are directly pertinent to this formal solicitation. for the purpose of audit_ ex.ulhination_ ea.e€;its. and transcriptions. The Successful Proposer shalt maintain and retain any and all of the books. d:eumeitt.s. paupers and records pertinent to the Contract for three t 3 i .ears after the City makes final payment and ail ogler llendine matters are closed. Successful Proposers failure to or refusal to comply ll Ith this condition shall result in the immediate cancellation of this contract by the City. The Audit RiLMts set forth in Section 18-1 not the Cit_, Code apply as supplemental terms and are deemed as being, incorporated by reference herein. 1.9. A1 AILABll.11l OF CO\TRACT STATE;-11-I DE- Any Gok,ernillenral. not -for -profit orquasktovernmental t'e 5i:lte of Florida. may a•. ail itself of this contract and purchase ain and all goods sere ices. specified herein from the Sileces,sfIII Proposerai the contract prieetsi established herein. llhen permissible by federal. state. and local laws. rules, and reettlatior.s. Each Gote''i""ental, not-far-Frot€t or quasi-eovernnlental entity 11high uses this formal solicitation and resu1rin.t bid contract or agreement will establish its okl-n contract a. reement. plaice its own orders, issue its own purchase orders. be illl diced there from and make its oil n payments. determine shipping* tellies and issue its own exemption certiticares as required by the Successful Proposer. 1.I O. AWARD OF CONTRACT - A. The Formal Solicitaticn. P: potter's response. any addenda issued. the Professional Services Aureenhent t"PSA"I attached hereto as an Exhibit. and the purchase order shall constitute the entire contract. unless modified in accordance with any ensuing contract a'_'reement. amendment or addenda, B. The award ofa contract n here there are Tie Bids v ill be decided by the Director of Procurement or deli'*nee in the instance that Tie Bids can't be determined by applying Florida Statute Section 2S".08-. Preference to Businesses with Drug. -Free Workplace Programs. C. The award of this contract may be preconditioned on the subsequent submission ototller documents as specified in the Specials Conditions or Technical Specifications. Proposer shall be in default of its contractual oblige,ation it such documents are not submitted in a timely manner and in the form required by the City. Where Proposer is in default of these contractual requirements. the City. throat h action taken by the Procurement Department. will void its acceptance ofthe Proposers Response and may accept the Response from the next lowest responsive, responsible Proposal most adl antaeeous to the City or re -solicit the City-'s requirements. The City. at its sole discretion. may seek monetary restitution from Successfil Proposer and its proposal bond or rauaranty. it applicable. as a result of Pa'ce8of46 Request for Proposals i IZFPi -2 '' danla_aes or increased cots sustained as a result of the Proposers default. D. The tern: of the `clued in One of three documents which shall be issued to the Slleeessflll Proposer. These ducLL:1 _ ' ti be a purchase order. notice of award and or contract a..%aril sheet. E. The C'ir. reser%es the ri!!:t to automatically extend this contract for up to one hundred twenty 1120i calendar da'\s beyond the sl„ted contract term in order to pro%ide City departments 'with continual ser i e and supplies ri hile a new contract is beii e :]'laced. and or awarded. if the rielu is elercised. the City shall notify the Successful Proposer. in 41. i' [ _ _.;r to extend the contract at the same price. terms and conditions for a specific number of Lr. s.Addition,:.! ._!:sions o%e.r the first one hundred twenty 1120) day extension tray occur. if. the City and the Sllceesstul Prll++..;.:" .. in imatial a_"eentent of slleh extensions. F. Where the contract in\olles a sli:_tie shipment of goods to the City. the contract term shall conclude Upon completion of the e\p resie? or implied warranty periods. G. The City reser\es the r! al:t to a-%a:'J the contract on a split -order. lump surn i'r indi\ idual-i ern basis. or such corr',ina[i r, !s shall best serve the. interests of the City unless otherwise specified. H.A C of:!: 1 ' i!'e Sucees+ful Proposer b`. the City Commission based wool) the H: nin..A a result ofa RFP_ RFQ. er RFLI. the Cif, reser%es the right t cC•ecut . a Pc.,. I1t i"PS.1 or A 'r: en:ent " j in substaP.ria11', the form attached to the SJIICit.lti+71'. %CI er is determined to be in the Cit_`.'s best interests. Slleh a'.areemen.t R'iI1 be Cum ished by the: +_ _ 'I't_:i;', _ ;'illy a are in the C it'.'i best in[ere.sti. and will be sithject to appro%al as to 1e'=al form h . i.',_ C I:.-07:+`rne%. itnc t:t limitation. the cancellation for con%enience and the hold harmless duty ri defend and li',:_'1'.nl : are lc?na siandire Cite requirements and may not be modified. 1.11. BID BOND" BID SECURITY -.A cashier"s or certified check issued by a bank authorized to transact banking business in Florida. or a Bid Bond siailed by a reeounized surety company that is licensed to do business in the State of Florida. p:l.,allle to the Cir. of Ilia:ni. fir the amount bid is required from all Proposers. if so indicated under the Special Conditions. This check or b+. ild guarantees that a Successful Proposer will accept the order or Ag_'reemellt. as proposed. if it is a'.%ar.ted to Si:c .:ess:tll Proposer. Successful Proposer shall forfeit bid deposit to the C'it`. should Cite award Agreement to Successful Proposer and SSllceessflll Proposer falls to accept the award. The Cite reser\es the right to reject an'+ and all surety tendered tc'the City. Bid deposits are retuned to unsuccessful Proposers within tent 11)1 day s aster the a'.; and and Successful Prop. ser's acceptance of a+a ard. if one hundred eight+. t 1 {>I day ha%e passed atler the plate of the formal .il solicitation closing date. and no contract has been awarded. all bid deposits will be returned on demand. 1.12. RESPO\SE. FOR\I (F1 RDCOPI FORMAT) - forms should be completed. siened and submitted accordi:i',ly. 1.13. BID SECURITY FORFEITED LIQL`ID.\TED DAMAGES- Failure to execute an Agreement and or tile an acceptable Bid Pa`• ment Performance Bond. when required. as prig% ided herein. shall be just cause for the rescission of the :l%%:ird and the forfeiture. of the Bid Security to the City. which forfeiture shall be considered. not as Pa'e9of-th Request for Proposals [REP_2-_ ' a penalty. but in mitigation of damages sustained. Award may then be made to the next IoAAest responsi\:. responsible Proposer most ad\ alltaueous to the City. or all responses may be rejected. 1.14. BRAND \.\DIES- [Cant! \\here%er in the specifications brand names, makes. models, names of ant manufacturers. trade names. or Successful Proposer catalog numbers are specified. it is for the purpose of estahlishine 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' petitors' brands or makes. the phrase "OR EQUAL" is added. When rrorosin an as prtl\ed equal. Proposers 1A 111 submit. with their response. complete sets of necessary- dai;l I t;fet'I information sheets. specifications. br-,)ehures. etc.) in order for the City to evaluate and determine the equality of the items l rrorused. The City shall be the sole judge of equality and its decision shall be final. Unless other ise specified. e\ idence 111 the form of samples may he requested It the proposed brand is other than specified by the City. Such samples are to be furnished alter tOrrnal solicitation orenin a closin.i only uDCI1 request of the City. It -- samples shou'd to requested_ such samples mist be recei\ ed by the City no later than seen t7i calendar days after a formal request is made. I.I. CANCELLATION- The City reser,es the ri iht to cancel all formal solicitations before it's opening closing. In tie e\ent of hid r :! cancellation. the Director of Procurement shall notify all prospective bidder; proposers and make al, aiI able a ',\rit.en e\,'LnhatIon for the Cancellation. 1.16. C ?ITAL. EXPENDITURES Succes tiil Pr. r unde.rstards that any capital expenditures that the firm meet_ to 1h'.i"..e. in or.l;r to deli'. er pc! „ •.is ser\ ices required by the City-. is a business risk t1 hIei'. to I' •:;Y:e i the t_ . '\ III not be hl is _ ,' i.' reimburse amortized or uramortuzed capital • _' : `.fetes 7` a P per. If Proposer has been unable to recoup its capital _ . is , +:. �4", lees. it shall not ha\ e any claim upon the City. 1.17. CI"r1' NOT 1.1.1BLE FOR i)FLA1'S- it is further expressly- aireed that in no e\ ent shall the City be liable for. or responsible to. the Successful !'" r. any sub- contractor sub -consultant. or to any other person for. or on account of any stopp;l oos or .Y_`l.i', I.: ,rli herein provided for by injunction or other le_eal or equitable proceedlnls or on account o: ,I : .._, i - .111y cause over which the City has no control. 1.18. COLIC S1()1 - 1 r•'; i response. certifies that it_; response is made witltour pre\lous understandir... a_'. ; enhen7 :\' i+'rn..'[: \n elt.'l.r N Ito any person. firm or corporation submitting a response for the s;hole items se:'. ! :, or \t 1!.1 the City of Miami's Procurement ent Department or inttiatin_ department. The Proposer certifies tha! 1[, ,\A nsC Is Lh!;', \\ irNo t fond -,,I. collusion. fraud or other illegal action Proposer certifies that it Is in Cori:rli.0 '\ a;: the r I _ 1 ,de or Ethics Laws. The Cite will imesti +ate all potential situations where collusion may ha%c t'ccti:"'t,: and t.:e Lit'. reser\es the right to reject any and all responses there collusion niay have occurred,- - 1.19. COMPLIANCE 11 ITII FEDERAL, STATE AND LOCAL LAWS - Successful Proposer understands that contracts bet\Aeen pri%ate entities and local 20\erllnhents are subject to Certain laws and regulations. including laws rertainine to public records. conflict of interest. records keeping. etc, City and Successful Proposer alaree to comply with and °bier,.e all applicable laws. codes and ordinances as that may in any way affect the goods or equipment offered. including but not limited to Page II) ilf -i•tti Request for Proposals I RFP, F\ectiti'. e Order l 1 _'fin. which prohibits discriIllination a rainst a11`. employee. applicant, or client because o race. creed. color. national on din. sex. or a__'e «sect regard to. brit tiOt IlntiiCJ to. the follow Irv: employment practices. rate of pa\ or other compensation methods. and Irainime selection. B. Oatipational• Safety and I lea hit \„t tOSHA ). as applicable to this Formal Solicitation. C. The State of Florida Statutes. Section 2S-,13,t I on Public Entity Cringes. 17, En\ir.\nnlent Protection .A ency tEP.-\o. as applicable to this Formal Solicitation. E. Uniform Commercial Code !Florida Statutes. Chapters 6 2-h?9 i. F. Americans '.id: Disabilities .Act of 19t)O. as amended. G. National Institute of Occupational Safety: Hazards rNIOS111. as applicable to this Formal Solicitation. II. National Forest Prlduets .\ssociarion r\FP 11. as app[icable to this Formal Solicitation.. 1. City Procurement Ordinance City Code Section Is, Article 111. J. Conflict of Interest. Cir: Code Section 2-61 1: 61. K. Cone of Silence. Cir: Code Section L. The Florida Staaites Sections 21s.70 to d 1'4 79 on Prompt Payments. Lack ofkno\\led_e by. the St;ce j,°.il Proposer a ill in no nay be a cause for relief from responsibility. Non-eollll'liarce with all apnli.;::'-_' :a}. state. and federal directi\es. orders. codes, rules. re_?ulations. and lays n'..:1.•: be cor'iidered _reui:s for of contract(5) at the option of the City" \1ana_er. (�•,y, �i; (1'e City i,)rdiranee:, may be obtained froill the City Clerk's Office. 1.20. CONE OF SILENCE - Pursuant to Section 1 S 4 of the City of Miami Code. a "Cone of Silence" is imposed upon each RFP. RFQ. RFLI. or IFB after ad.. ertisement and terminates at the time the City \lanaaer issues a written recommendation tot::: \I' „' I Commission. The Cone of Silence shall be applicable only to Contracts for the provision of goods ;i::: a,:! public works or improk ernent.s for amounts arealer than S2DI). t)I), The Cone of Silence prohibi', tut:, e.:l:::.:nlieatioin reaardin_t RFPs. RFCs, RFLI or 1FBs (bids) between. anon__ others: Potential \ _ndors. ser\ ice pro\ iders.. bidders. lobbyists or consultants and the City's professional staff Includin'i. but not limited to. the City NI.lnaaer and the City Nl.lnaaer's staff: the Mayor. City Commissioners. or their reipeetit e staffs and an\ r:1eI11ber of tile re pectI e selection e\altiatiotl committee. The pr3\ ision doe-. rot ro. a;roue ogler communications: oral communications R ith the City Procurement staff. provided t.'._' : ., ':',1::',:., 11 is lianited strictly to matters of process or procedure a[read'. contained in the formal sollcitation document, !.11 pro's isions of the Cone of Silence del not apply to oral communications at duly noticed site \ isitS it pections. pre -proposal or pre -bid conferences. oral presentations before selection evaluation committees. contract r.e uoti.ltions tluriI1 i any duly noticed public meeting. or public presentations made to the \liairi City Commission durina a duly noticed public meetinya: or communications in v ritinya or by email at any time v. ith any City employee. official or member of the City" Commission unless specifically- prohibited by the applicable RFP. RFC, RFLI or 1FB Ibid) documents 1See Section 2.2, of the Special Conditions): or communications in connection l\ ith the collection of industry comments or the performance of market research retarding a particular REP. RFQ, RFLI OR IFB by City Procurement staff. Pace 11 of-16 Request for Proposals rRFP) 7:-"3 Propk:vsers or b .1 any WrittLii communications va ith the Office of the City Clerk. which shall be made ;.1\ iiLi f`. i!.equest. The Cir. shall respond in NaTitima and tile a copy w ith the Office or tho City Clerk. :11,1,±L‘1 uhihkto an person upon request. \\ ritten communications may he in the form ore-mair. with Ty. to, the Office of the City Clerk. l:1 .1..ldition to any other penalties pro% ided by law. v iolation of the Cone of Silence by any Proposer shall render any k iol.nior a particular Proposer. Offeror. Respondent. lobbyist or consultant shall subject same » t t:le City COLL.:. Any person ha inu. personal know ledge of a a iolation of these pro., isions shall report such v iolation to the State Attorney and or may tile a complaint w ith the Ethics Commission. Proposers should reference Seetion I or the Citv of Nliami Code for further clarification. This lanziae.e is only- a summary or the key pro \ isions of the Cone of Silence. Please re. iew City of \ 1 iami Code Section I S-.7-1. for a complete and thor,iugh description of the Cone o ['Silence. You may contact the City Clerk at 305-250-5W. to obtain a copy of same. 1.21. CONFIDENTIALITY- A: a political subdivision. the Cit of NI iami is subject to the Florida Sunshine Law and Publie Records Law.. If this Contract .•Vereement contains a confidentiality- provision. it shall have no arphcation Vl he disclosure is required by Florida law or upon court order. 1.22. CONFLICT OF INTEREST - Proposers. by respondinu to this Formal Solicitation. certify that to he best of t:;1' or e.mploce of the City o Miami is financialk interest.ed. direct1.2. or i ildire.2i tH.e _2 ,A ices specified in this Formal Solicitation. Any such interests on the part of the Scess-..J! P: —27 , r must be disclosed in W. ritina to the City. Further. you must disclose the name of any- Ci;:. ...L. A de,:tly or indirect:v. an interest of fie percent t5'j or more of the t.-,tal as,;;et..; of capital stocl. your SIL.,:,7c`tiSruf Proposer f.irther aarees not to use or attempt to use any knova1ed,.1e. property or resource which may. his her its trust. or perform, his her its duties. to secure a special privdeze. benefit. or exemption ror itselr. or others. .'1.“.tccess ful Proposer may not disclose or use inrormation not available to members public and 2ained by reason of his her its position. except for information re.latin.2 ex,.-.1usively to practices. for his her it: personal !Ifi or benefit or for the personal :lain or benefit of any other person or businc,,, B. Successful Proposer hereby acknow I:13E he -.;1•1e it has not contracted or transacted any. business \kith the City or an:. person or agenc,.. t:te City. and has not appeared in representation ofany third parry belore any hoard, commission or agency of the City vk ithin the past two years. Successful Proposer further warrants that he she it is not related..speciticalk. the spouse. son. datiL.thter. parent. brother or sister. to: (it any member or the commission: the Mayor: i iii 1 any. City employee: or it\ I any member of any board or aleney of the City. C. A violation of this section may subject the Successful Proposer to immediate termination orally professional ser% ices aureement with the City . imposition or the maximum fine and or any. penalties allowed by lava . Paae 12 of 46 Request for Proposals iRFPa'''3•S' Additional riolati ons fl'.ay he considered by and subject to action the t1iana-Dade Coning Cr)I11mission on Ethics, 1.23. COP \ RIGHT OR PATENT R1G1-1'ES - Proposers %%arrant that there has been no <iolation of cum. right or patent ri;`'its in nlanuta turin e. +rodueir or ;ellin! the flood; shipped or ordered and or serti ices pro%ided as a re.ult of this formal solicitation. and Proposer .12ree to hold the C'ir. harmless from any and all liability. loss. or expense occasioned b1 any inch violation. 1.24. COST INt RRI•:D BY SC CCESSFL L. PROPOSER- All expenses im.olked frith the preparation and ;i', I' o'. f City. or any Nor,.., performed in connection therewith shall be home by the •erts). 1.25, DEBAR\IE\T :\\D SUSPENSIONS (See I3-107, City Code) (a) Authority and requirement to debar and Sti'spend..-\fler reasonable notice to an acntal or prospective Contractual Part':. and after reasonable opportunity t•.or such party to be heard. the C It' \1jr.j er, after consultation with the Chief Procurement Officer and the City .Attorn,et .shall 11.. .' the aLlthority to debar a Contractual Party. for the causes lifted below. from consideration for a'.‘ hoed tit i_ f '. I L.:t:Acts. The debarment shall be for a period of not fewer than three ea.'s. Ti'e Cit'. \Ijl L.icr:ll.11l '.il,o .%.worst:. to suspend a Contractual Parr. from consideration for a'l:Ir ! of C ir.. Contracts if there is pr+.ol'.,: ,ie cause for debarment. pending the debarment t:eter.'.:Inanon. I:_ :Itl'.lt'rity t debar and Stlsr`end Pr s shall be exercised in accordance'+vit: reStllatlons shall he I><i_:c„ tr.. Chief Pr•.'cl,. _men t 1f. ......, al,pror.al by the Cit'• \l.lnl.'er. the C ir. attorne` and the Cit. CC1111111i:(ion. h) Cau es for de!),,rsilent or ill.yensior. Causes for debarment or suspension include the feIlotCll'z: (1) Conn, ietion for coil mi,sior or a anal offense incident to obtainini or atte iptin` to obtain a public or pro`. ate Contract or iu)contract. or incidel% to the performance of .such Contract or subcontract. (2) Coll\ ict ton under s:.1: e or tea?oral sr_ rr:!t e' of embezzlement. theft. for_cryv. bribery. falsification or dest."Lleti.n of records. receiE Ill c6::''" al''. , tl'::' JrYi.e I11dI. 111 2, :1 lack of business inte`.r its or business honesty. (3) Conviction under state. or federal antitrust statutes arisin_e out of the submission of Bids or Proposals. (a) Violation of Contract provisions, which i, re. forged by the Chief Procurement Officer to be indicative. of responsibility. Such tlolation n'ay include failure .'itlltotit eood cause to perform in accordance rr Itf1 the terms and conditions of a Contract or to perform rr tthln the tiille limits provided in a Contract. pro ided that failure to perform caused h', 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 [aoyemmental entity. (6) False certification pursuant to paragraph t. i below. Page 13 of4 Request for Proposals tRFP) r2 3S2 (7) Found in \ iolation ofa zoning ordinance or any ether Cir: ordinance or reutllation and for which the \ iolation remains noncompliant. (S) Found in \ iolation of a ze?nin , ordinance 'r any other City ordinance or re.!L11.1tiol1 and for which a CIS it penalty or tine is due and oyoinu to the City. (9) Any other cause judged by the Cir. \1.1;:a_er to be s) serious and compelling as to affect the responsibility of the Contracts! Part. performing City Contracts. (c) C'erti'icati, n. All Contracts for','oods and services. sales. and leases by the City shall contain a certification that neither the Contractual Party nor an'. of Ili principal o'.y r.ers or personnel hay e been Con\ icted of any of the violations set forth aho\ e or debarred or suspended as set forth 111 paragraph I b tl 5 ). ((.1) Debarment and suspension decisions. Subject to, the pro \isions ofpara graph tat. the Cir 'y1anager shall render a \\ ritterl decision stating the reasons t.tir the dehni'..mt or suspension.:A copy of the deei ion shall be pro\ ided promptly to the Contractual P:.:' . alone w ith a notice of said party's. right to jeekjudicial relief. 1.26. DEBARRED 'SUS PE\DED 1 E\DORS - An entity or affiliate w ho has been plated on the Stare of Florida de:�.trt'c l cr iu.,Teid d y eCdnr ii. t nt.l'. rct illl'1i11t a response on a contract to pro\ ide !oods or ser' ices to a public entity. may rwt submit a r il'i 1s. E)t1 a contract \\ ith a public entity felr the enilstrhletion or repair of a pilbl1C bCi11�:Q11'' or pu5Ite v ork. niay not submit response on leases of real property to a public entity. may not award or perform or:: as a Proposer, st:pplter. sti.l:entractor. or eol'.sultam under contract 'yiti'. any public entity. and may net transact business ,A ith any public entity. 1.27. DE F.A.ULT FAILURE TO PERFORM -The City shall be the sole judge of nonperformance. tyhich shall include any failure or the part of the Successful Proposer to accept the award. to furnish required documents. and or to fulfill any portion of this contraet within the time stipulated. Upon default by the Successful Proposer to meet any terms of this agreement. the City \vilf notify the Successful Proposer of the default and will pro ide the Successful Proposer three (,) days (weekends and holidays excluded) to remedy the default. Failure on the Successful Proposer's part to correct the default within the required three t?) Jays shall result in the Contract Fein_ terminated and upon the City notlr\ in'i In yyritin_i the Successful Proposer of its intentions and the effective date of the termination. The to7lloyvin'.: shall constitute default: A. Failure to perform the \\ork or deli \er the woods ser\ ices required Cinder the Contract and or within the time required or flitting to use the sub Proposer s. 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 tinge specified. Pa_e 14 of-16 Request for Proposals IRFP, _ .-3s2 C'. Failure to perform the work with sufficient workers and equipment or pith sufficient nliterltlls to ensure tiiueI� conlpietion. D. Nealectir.e or re fusina to rento.e materials or perform new work where prior work has been rejected as nonconfor'1 in2 It ith the terms of the Contract. E. Bruna ir.sokent, beina declared bankrupt. or committing any act or bankruptcy or itl;ol'.enoy. or baking an assignment for the benefit of creditors. If the insel‘eilcy. ban!crliptcy. orassitnrtlent renders the Successhil Proposer incapable of performing the work in accordance NA ith and as required by the Contract. 1'. Fa11:ire to comply 141th anv of the terms of the Contract in any material respect. All costs and charges ineurred by the City as a result of a default or a default incurred beyond the time limits stated, together with the cost of e.'tllpletina the work. shall he deducted from any monies due or tthi.± may become due on this Contract. 1 2 . DETER\I1\.1T1O\ OF RESPONSIVENESS -Each Response a ill be reA iened to determine if it is rsponske to rise requirement 5 outlined in the Formal Sollcitatlon. A "responsi\e" response is one Flllieh 6-1111't':_ a :1:LI:fw tl2 t71711al SOIICIt111i011. includes all doeuirentation. is submitted In the format outlined in > '` _ '..U: 1'. h i :1'.; l s1Cbmissien. and has arprorriate si'_11a tures ai requir.d on each document. Failure %N.:'.' ':.1'. deem 3 Response non-re.spv`nsl\e. A Responsible Proposer shall mean a ,.t a P:' ,:: and who has the capability. as determined under the City- Procurement in all respects to f'_lil F ,1 let r:.iuirementti. and the inteeritt and reliabllit'v of which !i'•e rea ,'I',.',IC assurance of ec,od 1.2k). DISCOUNTS OFFERED DURING TER\I OF CONTRACT -Discount Prices offered in the response shall he fl\'_:! after the award by the Commission. unless other.\ ise spe. is ed in the Special Terns and Conditions. Price discounts o`i the on Dina 1 prices quoted in the response % ill he accepted from Soecesifbl Proposertsi during the term of the contract. S.ieh discounts shall remain in effect for a minimum of 12.0 days from approval by the City L i?111:l1iss.io n .\n discounts offered fit a manufacturer to Successful Proposer will be passed on to the City. 130. DISCREPANCIES. ERRORS. AND OMISSIONS -Amy discrepancies. errors. or ambiettities in (he Formal Solicitation or addenda (if an':) should be reported in Ll rItir'_r to the City's Procurement Department. Should It be found necessary. a written addendum will be incorporated in the Formal Solicitation and will become part or the purchase a reeI11ent t eoritract documents). The City vv l ll not be responsible for any oral instructions. clarifications, or other commuincatioI1s. A. Order of Precedence - Arv- inconsistency in this formal solicitation shall be resol1 ed b'. gi\ in, precedence to the follow in docuIrents. the first of Such list bean'a the got ernin'a documents. I I .addenda las applicable.): 2) Specifications: 3► Special Condition;: and then 41 General Terms and Conditions. Page 15 of -h Request for Proposals IRFP1 72-3'42 1.31. E)IERGENCY ' DISASTER PERFORIL#NCE - In the event ofa hurricane or other ememency or disaster situation. the successful Nendor shall proide the Cit:. \\ith the commodities sr N ices defined \N ithin the scope or this formal solicitation at the price cont:tined ithin endor's response.. Further. successful vendor shall deli \ er perform for on a priority basis during such times orernergencv. 1.32. 1 \ 1 IRE B11) CONTRACT OR AGREEMENT -The Agreement consists orthis City of Miami Formal ' and speci:icaIly this General Conditions Section. Proposer's Response and anv ritten agreement or Miami and Proposer in cases inNolving RE -Ps. RFQs. ti RFLIs. and represents the entire benv een the parties ‘k-itli respect to the subject matter hereof and supersedes all other and representations. i rally. made by and betw een the parties. To the extent that the with, modifies. alters or chan.Les an:. of the terms and conditions contained in the Formal !:eitation or Response. the Formal Solicitation and then the Response shall control. This Contract Inabe onl \ b. a \\ ritten agreeinent siuned tv%. the City of Miami and Proposer. 1.33. EST11.kTED QUANTITIES - Estimated quantities or estimated dollars are pro' ided fbr your guidance on!:.-. No guarantee e \ • or imrlied a; to quantities that will be purchased during the contract period. The Cit., is not ran:. subsequent to the award o.Cthis contract. Said estimates ma. 1,e I i'LL.1)4'N.: • :1:t ad \ antageous proposer meeting specifications. The City add.;..,,r.alqlIi proposed or at low er prices in this Formal Solicitation. 1.34. EVALUATION OF RESPONSES A: Rejection of Responses: The City ma:. reject a Response for any of the followim! reasons: 1 Successful Proposer fails to acknoNvIedge receipt or addenda: Successful Proposer misstates or conceals any material fact in the Response: 3i Response does not conform to the requirements of the Formal Solicitation: 41 Response requires a conditional award that conflicts w ith the method of award: Response does not include requir:d samples, certificates. licenses as required: and. 6i Response was not executed b. the Proposer( s) authorized agent. The foregni is not an all-inclu.si e list or reasons for \\ hich a Response may be rejected. The City may reject and re-al..,:rtise for all or any pan or the Formal Solicitation \\ hereer t Is deemed in the best interest of the City. B. Elimination from Consideration: 1) A contract shall not be awarded to any person or finn which is in arrears to the City upon an debt or contract. or \\latch is a defaulter as surety or otherw ise upon anv obligation to the City. 2) A contract may not be awarded to any person or firm \\ ho has failed to perform under the terms and conditions of any pre\ ious contract with the City or deli N er on time contracts of a similar nature. Page 16 or -V Request for Proposals IRFPi -;N, 3) .A contract m.l_• not be :1',t arded It ally person for firm ll ho has been debarred b4 the City- in accordance with the 1[y Debarment and Suspension Ordinance. C. Determination of Responsibility: I) Responses IyiII on.ly be considered from entities Isho are regularly zi: rrzed in the business orpro‘idin_ the _.lod.s equipment ,cry ices required by the Formal Solicitation. Successful Prorescr must be able to demonstrate a satlsta,etL r', record of performance and into grit:.: and. hal e sufficient financial. material. rial. equipment, facility. personnel rei.'lir.::es. and expertise to meet all contractual requirements. The term "equipment and organization" a, used h.r.in 51713!I bC ccir..it:11.d to mean a full. equipped and well c.t.l:.:, !ish.d emit:. in Tine 11 ith the best indtistry practices in the industr:. as determined by the City. 2) The Cit.. nisi`. consider any evidence available re'.lydlne! the financial. technical and other qualifications and ;li7illt;.s of a Stic.ess;ul Pr��:���,er, incltldine past perfonrance I t\rerier.ce i t[ ith the City or any other !Icy, erntl:ent.11 .entity' in nl:tidil•! the a',Iard. 3) The C ir., Fnd . re.i'I,r e the Proposer; s) to show proof that they ha\ e been desi anated as an authorized r:present;itiy e a manufacturer or Proposer n Ilion is tie actual sour.:e of st:;ipi_ . if required by the Formal Solicitation. 1.35. ):\CEPF1O\S TO GENERAL AND OR SPECIAL CONDITIONS OR SPECIFICATIONS EX.eplloni to tie srecificatioi'.s shall be listed on the Response and shall reference the section, Any exceptions to Cle General or Special Conditions shall be cads. for the Proposal to be considered non-responslte. It also may be cause for REP. REQ. or RFLi to be considered Ilan-respenslle: and. if exceptions are taken to the terms and conditions of the reiultin_ a_reenlent it may lead to terminating ne.zotiations. 1.36. F.O.R. I)ESTI\\T!O\ -Unless otherwise specified in the Formal Solicitation.. all prices quoted.proposedby the Successful Proposer must be F.O.B. DESTINATION. insi.k delis er.. 11 ith all delis ery costs and chai"zes included in the bid proposal price. unless °therm.ise specified in this Formal Solicitation. Failure to do so may be catt.e for rejection of proposal. 1.37. FIRM PRICES - The Successful Proposer warrants that prices. terms. and conditions quoted in its response tt 111 be firm tlrall_hout the duration of the contract unless °then1 ise specified in the Formal Solicitation. Such prices t4111 remain firm for the period of performance or resultina purchase orders or contracts. which are to be perforitled or supplied ,a%er a period of time. 1.38. FLORIDA IIN!\IC'\IWAGE -The Constitution of the State of Fiorida..Article X. Section 24. states that employers shall pa' employee v,aLtes no less than the minimum llae'e for all hours worked in Florida. Accordill'Lly. it is the Proposer's and its' subcontractor's) responsibility to understand and oomph. tl ith this Florida constitutional Ininilrllin yl ate requirement and pay its employees the current established hourly mininiitni wa ie rate. lyhleh subject to chan_ae or adjusted by the rate of inflation usin�e the consullier price index for urban St age earners and clerical Ilnr ers. CPI-W. or a successor index as calculated by the United States Department cif Labor. Each adjusted minimum u a oe rate calculated shall be determined and published by the .\g_enc_y Work limo% anon on September 30th of each year and take effect on the following January Ist. Page l of-(} Request f',,r Proposal I RFPi ,273:.x2 .N: _ -- .` and hi. her tiuheiantractorts). if applicable. lull responsibility to :''..1_. be impacted be this Florida Law at an:, ,i',en point in time during the : t. Lt. f: I::'.i):leted. PS.r,',•,_` must fens. kh employee nanielil. job tltic:t;i. job deseripcionts). and cl"rern pa_. ratei ,1 Failure to submit this information at the time ofsubniittini :1 response constitute Proposer's acl.no.,t led:lei-n:11i and understandin_a that the Florida \linimum Wage [_au- will not impact its prices tlirou bout the term of contract ar.d waiver of ar.t contractual price Inere:lse retltlesti si. The City reser,ees the rt_aht to request. and Si:eeessfid Proposer must pro,. id: for any and all information to make a w 1`e and contractual price iner:aiei si In the e\ ent :1 City of Miami "LiE ir. + \\ ace" Ordinance is enacted prior to the award of an ,\=reen:ert it.; rro'. Lions Ilia_: be appli.al.le to the employees oldie Proposer. 1.39. GOVER\I\C; L.\1\ AND \'E\L E -The >, alidit' and effeet of this Contract shall be ,Toterned by the laws or the Stag of Florida. The parties agree that any action_ proceeding. mediation or arbitration arisine out of this Contrnet i!:_il! ta!,:e plaee in Miami -Dade County. Florida. In any actittn or proceeding each party shall hear their ".t l respect\ attorney's fees. I I E..DI\(;S AND TERMS -The lleadinas to the 1.arious p:lr:l_:'.: : I'.':: Contract lla'.e been inserted for reference tail'- and shall not it ant planner be construed as m 't:.`. nu. amending or of eetine in any ‘‘ay t.:.: ,n.1:-:5;ed terms and provisions her:ot. I.d l 1 \ DE'! \ 1 F"IC \ 1'IO\ - .. _ .. Proposer shall irdemrif . hold sa'.: harmless and defend at its ovk n costs a`ents. di':ewr-. and employees. from ItaI111itie . t!amaeei. losses. and I • _.. h",''I' tees. to t!te extent Caused h1 the ne'gliaenee. recklessness or PI'.`r, er and persons empIo'. ed er utilized h,. Successful Proposer in l ,..,,:I ,II:,: '.i i.1 irdemnihold harmless and defend the City. its oftieraIs. officers. and employees aaainst. an',' Ci111 actions. statutory or similar claims. injuries or lama. ei arising or ;''ermined 11 or!:. e% en if it is alle,'d that the City. it.: officials and er employees were negliaent. T'.'e+e 6I' tali `I.'.t':ons i!ta!! stir:e the term of this Contract. In the e', ent that any action or proceedn:i is browalit i,i:.t t.': i_ Ir. by reason of ally .such claim or demand. Successful Proposer .shalt. upon written notice from the rep,,i:',d defend Such action or proceeding by counsel satisfactory to the Cie',. The Successful Proposer U"d: rst.lnds and .1 ' ` '; t :;lC a!'.`. insurance protection required by this C on:raet or otheI`wise provided by '.1 a.. ' ayay to Indelillil~.. keep acid sa', e harmless and defend the City or Its ,lr_i::: and in., , r:_,' _Il ltie; as herein proti ided. The indemnification provided abo` e shall obligate Successful Proposer to defend at its own expense to and throu'_Tll appellate. supplemental or bankruptcy proceedina. or to prof ide for such defense. at the C ity's option. any and all claims of ! i,ihility and all suits and actions of every name and description which may be brotieht against the City- t4hether t'-`t shied by Successful Proposer. or persons employed or utilized by Proposer. This indemnity. held harmless- and duty to defend a ill sun.it e the cancellation or expiration of the 'C ontraet. This indeinnit_. will be interpreted under the laws of the State or Florida, ineludiii i without limitation and v hich coot )r:lei to the lillitations of ;'25.I)6 and or s` 25.I)`, Fla. Statutes. as amended from time to time as applicable. Pa'_e I`tof46 Request for Proposals REP) -2-3s2 P:- all Suhcontracwr jr to inelude a prothat the:. AA ill indeninif:, the 1 ,ii:rees and recoanizes that the City shall not he held liable or respon.sibie for an.- ations or omissions of the Successful Proposer in %%ilia the Cir, participated the Successful Proposer's actions. In re% ina. appro% in or rejectina any 01:7er acts or the Successful Proposer. the City in ri,) assuntes or " .-fut Proro'.er Or Subcontractor. under this Aareement, 1.42. FORIIATION ...Vs.!) DESCRIPTIVE LITERATURE - Proposer must furnish all information requested in the space,: pr )%ided in the Formal S,•licitation. Further, as tra:, be sped ;led else,.% here. each Proposer must submit e%aluation. sl,etches. descriptive literature. technical specifications. and Material Safet,!. Data Sheets kISDS1 required. co's orina the products offered. Reference to literature submitted ‘A ith a pre% ious response or on tile \A ith the 13Lier %Ail! not satisfy this pNvision. 1.43. INSPECTIONS -The City may. at reasonable times durine the term hereof,. inspect Successful Proposer's facilities and perform such tests, as the City doems reasonabl:. r.ecessan.. to determine Nether the goods and or serN required to be pro% ided bv the Successful Proposer tinder L,Jrr the terms and conditions or the Formal Scitcitatit.n. Successful Proposer shall mal,e a ai ie to th2 Cul. ail re....,:na \le and as•Cistance to tlicilitate the performance of tests or inspections by City repre-;entati% es, All tests and inspections shall be subject to. and made in accordance \A ith. the pro % ision oldie City of NI lanti Procurement Ordinance Section I Cit. Code a same may be amended or supplemented from tine to time. 144. tr: 1`1. hid elosir.2.. v1.11che.. er is earlier. Proposal results vki e-mail to the Sr. Pr,curement Specialist is.stain.4 the Soiici Site fol lo%A.ina recount-net:dation for :r.t ard. plirtild.1111 to Formal Solicitation %\ ill not be decision or A% ithin 30 days after • 'me furnished upon request via fax or ..1; ion, Tabulations also are a., ailable on the City's Web 1.45. INSURANCE ten it 101 da‘s after receipt of Noti.....! of .AAA ard. the Successful Proposer. shall furnish EN 11.3.elIC to fie ProcureMQ111 Department. if appl icable. Submitted e%idence of co % ere shall demonstrate strict compliance to all requirements listed on the Special Conditions entitled "Insurance Requirements". The City shall be listed as an "Additional !stied. " Issuanee efa Purchase Order is contingent upon the receipt of proper insurance doillirCIILS. 1t the insurance certificate is receiAed v ithin the specified time frame but not in the trar.rer prescribed in this Solicitation the Successful Proposer shall be t erhally notified of such deficiency and shall ha% in additional ri e (5) C."'IL.mk.lar da‘.s to submit a corrected certificate to the City. If the Successful Proposer fail the required insurance documents in the manner prescribed in this Solicitation \A ithin fifieen 15 cand.! . receipt Noricz.' or A \\ ard. the Successful Proposer shall be in default of the contractual terms and condition, not be a.,Aarded the contract. Under such circumstances. the Successful Proposer may be prohibited fro11 submittina future responses to the City. Information regardina any insurance requirements shall be directed to the Risk Nlanaaement Director. Department of Risk Nlanaaement. at 444 SW: 2nd Avenue., 9th Floor. 1iani. Florida 33130. 305-410-1604. The Successful Proposer shall be responsible far assurinQ that the insurance cern ilexes required in conjunction \A ith this Section remain in effect for the duration of the contractual period: ineladina an:. and all option terms that may be aramed to the Successful Proposer. Page 19 of -VI Request for Proposals t RFP 1 ,y__ N' 1.46. INVOICES -Inl Dices shall contain purchase order number and details of goods and or sett ices deli\ ered (i.e. gtl.lr.tir,.. unit price.. extended price. etc.): and in compliance a ith Chapter 2 of the Florida Statuses (The Local Go eminent Prompt Pa:. mem .A.cti.. 1.47. LOC.-11. PREFERENCE - .A. City Code Section I'•; -Nis. states. "the RFP. RFLF or RFQ. as applicable. may. In the exercls . of the roasonable l'rLtossional discretion of the City \lana der. director of the thin_! a_eney. and the Chief Procurement Otticer. Include a tine 1513) pe" :lt Ctaluanon criterion in favor of Proposers ttho maintain a local office as defined in Sc..t 'i' 1 s + In such cases. this five I51n1 percent elaluati n criterion in fat or Of PI`opose.rs n ho maall sin a Irc.I A ;li he s-e:i:icaIly defined in the REP. RFLI or RFQ. as applicable_ of ler.vke. it not apply. 1.48. 11.\.\UF.%CTL RER'S CIE TIFICATIO\ -The City resents the ri,ht to request from Proposers a separate \l.tni::acrarer's Certification: Of all statC:llellts made in the proposal. Failure to pros ide such certification ma`. result in the reiection of proposal or termination of Aareement. for lk hich the Successful Proposer must bear full liability. 1.4t1. MODIFICATIONS OR CHANGES IN PURCFL&SE ORDERS .#\D CONTRACTS -No contract or tlnderst_lni 1CC rJ I110vify this Formal Solicitation and resultant purchase orders or L_0[1'.:3,:r+. I:` applicable. shall be bindin.` upon the City unless made IC Svrituh.. by the Director of Procurement c`: isle: I_ ii'• cif .\liami. Florida ihrou.h the issuance of a chan_e Order. addendum:. amendment. or supplement to the c ,i'..:.lct- pt::'chase order or award sheet a. appropriate. 1.59. \O P.1RT\ERSIIIP OR JOINTVENTURE-Not:lin contained in the :1e7:emlnl tl ilI be deemed or c:c'I1strued to create a 1%i:tilerih ' or joint lenture. between the C it: of m]iall`! alai _1r{hl v`til Propoe:r. or to create any other similar relationship hennaed the parties. 1.51. NON CO\FOR�I.\\C'E TO CONTRACT CONDITIONS -Items may be tested for compliance loth unI.r the direction of the Florida Department of.A•lrieulture and Consumer Ser ices or by other ,• r_I Laboratories as determined by the City. The data deri\ed from all: test for compliance with ions is public record and open to examination thereto in accordance with Chapter I l a- Florida Statutes. I 1. -, :,l not confoI:111n . to specifications nlal be rejected and returned 3t Proposer's expense. These ire:lls not dell\ ercd as per deli\ ery date in the response and or Purchase Order ma`, result in Suee being found in d.:ault in which elent an:. and all re -procurement costs may be charved a4>iinst the det:lll.' _. An; t Ic l.ilion of these stipulations may also result in the supplier's I1anle being remo,, ed from the ( I!'• of \ s Supplier's list. 1.52. NONDISCRIMINATION - Successful Proposer a.=rees that it shall not discriminate as to race. sex. color. rellr:on. national ori_ein. marital status. or disability in connection tit ith its performance under this formal solicitation. Furthermore. Successful Proposer agrees that no othem ise ljllal3tled inch idual shall solely by reason of his her race. sex. color. a_'e. religion. n. national oriein. marital status or disability be excluded from the participation in. be denied benefits of. or be subjected to. discrimination under any prouram or activity • In connection with the conduct of its business. including performance of services and employment of personnel. Successful Proposer shall not 411icriminate a`_lainst any person en the basis of race. color. reli`eion. disability. age_ sex. marital status or national oriain..All persons h:t in_* appropriate. qualifications shall be aftorded equal opportunity for employment. Palle 21) of 46 Request for Proposals R FP 1.53, NON-EXCLLSIVE CONTR.kCT PIGG) [3 kCk PRON.'S' oN, -At such times as ma:. ser. e its best imer.2.st. the .1:iv: \ I iami r:ser. es theri.hito ;id\ ertise tr. .1:•..! :1%1 aJJitiiiiaConti-Act, for these here and or se:-. ices. and to rriar.e. use or otier competiti‘ el:. • -..'r:::nental contracts. a-areements. or other snrilar sotr..:es t:te. purchase or these goods and or set-, ic,:s :nailable in accordance ‘‘ith the applicable pro‘ nitro N•I;ami Prot:tr.:mem Ordinance. It Is herein a:Ireed and understood that this fonnal solicitation does not constitute the c ri.,alus of the Successful Proposeris to recei‘e ail orders that ma:. be eenerated the Cit:. conjun,:kon. this Forma! Solicitation. ..tddition. an:. and all commodities. et.itiptilent, and services required 11,- the Cit.\ in conjunction ith construction projects- are solicited under distittetl dir!'erent solicitation process and shall not be purchased tinder the terms. conditions and a -A trds rendered. under this soli,:itation. unless such purchases are. determined to be in the best interest o r the 1.54. OCCI.P.ATION 1.1_ LICENSE -.Va.: person. tirm. corporation or joint \ enture. it11 a business locarion in the Cit Miami and is License Tx\ location out l!censemut the St:ccess:-...1! •-• ,nbini..ting a Response under this Forma! Solicitation shall net the Cit's Occupational I:1 aCiOrt1.111,2;.` it! Chal-cer 31. ..A.rtiele I of the City or Miami Charter. Others with a shall meet their kcal Occupatik.inal License Ta \ requirements. A com, or the the resi,onse: how e er. the Cit nia at its sole option and in its best interest al lo,.\ to supply the I CO the City during the e‘aluation Nriodbut prior to a•Aard. 1.55. ONE PROPOSAL -0111:. ore Response from an individual. firm. pa:-:nership. corporation l711 joint venture. il! he considered in response to this Formal Solicitation. 1.56, 01,\ N E RS111 P OF DOCU EN TS-It is understoodh snit between the parties that an:. documents. records. files. or an:. ot!ler ina!ter v h.. ..%!..!,* is en EP:. the C'it:.• to the Success'Ail Proposer pursuant to this formal at all of the City and shall not be used bv the Successful Proposer for any other pin7, ha,..-soe,, c,,nsent of the City. 1.57. PART111_ INVALIDi11) circirt-tmanco s'o,3!1 a. etr L prr. ision to persons or LT:....ttinstarices each prok. ision of 11-: .1,1;.111 be :Ilkd a or this Contract or the application thereof to an perskn or the r•emainder or this Contract or the application or such asa h it is held in% alid shall not be a fected thereby. and en: fullest extent pennined b:.Li I.5S. PERFORMANCE PAVN1ENT BONI) ;,A Successful Proposer may he required to furnish a Performance Px.rnent B.wd as part of the requirements of this Contract. in an amount equal to one hundred percent LOW.), or the contract price. .An\ bond furnished \‘ ill cowl:. with Florida La'A and be in a form acceptable to the Cir.. of Nliami Risk Nlanatement Director. 1.59. PREPARATION OF RESPONSES (I RDCOP FORMAT) - Proposers are expected to examine the speeitiaations. required deli‘e. draw int. and all special and ,leneral conditions. All proposed amounts. if required. shall be either tre‘o. ritten or entered into the space provided w ith ink. Failure to do so w ill be at the Proposer's risk. Pate 21 of-1 Request for Proposals IRFI' 1 723N.2 �. Each P-,,rr';er:,:,lll ti.rni,' t'.'.e i1:,,,i n.ttion re._iuired in the Formal Solicitation. The Proposer shall sin the Response :ai'.d print in ink or t pc ihe name tf the Proposer. address. and telephone number on the face pa::•e and on each continla,ltlt'❑ 111.tkes an entry:. as required. B. Itrio regiiired. the unit (rive for each unit offered shall he shown. and such price shall include pack.luing. handling and salltirlil_. and F.O.B. Ef iami t;elll erg inside CI[\ premises unless other is.' specified. Proposer shall include in the respoll-c all. ta•,:es. Insurance. social security. \Aorkrnei1's compensation. and any other benefits norlr,all:., paid by the Proposer to its en plocos. lt'applicable. a unit price shall be entered in the "Unit Price" column for each item. Based upon estimated tl+_lasts[\-_ an extended price shall be entered in the "Extended Price" column for each item offered. In ea.ie or a discrepancl bet e.en the unit price and extended price. the unit rriee 'A ill be pre.su::ued correct. C. Proposer must state .l definite tiIlte. it required. in calendar days for delivery of 'ao+)ds and or services_ 1). P: reta •... -. _ of all response documents for future reference. E.AIIr_ the firm'1:... . .,,..: Proposals haalr' ilia: he releete.! - _ ...hl_. et3nTIetedand rped or printed in ink and must be sinned in ink RILL i ee hat In`' authority to bind the company- or firm by his her si_,I1:1t11re. v[ittals must be initialed in talk by person si finial__' the response or the response F. Resp+n; e:::-e to . _ ain 1 1' 'r ,l', least da'. s. Upon a'•A and of a contract. the content of the Proposer's .esp or.. . t1:11 ?e Inc!•.ided as i .. the eolaract_ at the C ity's discretion. G. The Cry'Cry's Re,i,onse Forms. HI be used 1l hen Proposer is stlbnll[tin: � its response in hardtop\. format. Use 11f a, of ter t`. r:r, + i I re !! ;; eenon of the response. IF SUBMITTING l LARDCOPY FORNLAT. TILL ORIGINAL AND SIN TI [ESE SETS OF FORMS. UNLESS OTHERWISE SPECIFIED. AND ANY REQUIRED .ATTAC11\.1 E\TS MUST ST BE RETURNED TO TI IE CITY OR YOUR RESPONSE MAY BE DEEMED NON -RESPONSIVE. 1,60. PRICE AD.11 ST\IE\TS - :\,::. price decrease effectuated durinu the contract period either by reason of market 4'' - _ r ". the part of the S[leeess ul Proposer to other customers shall be passed on to the City of Nlianii. 1.61. PR()1) f ( 1 St B TI"TL TES-[;l the e.ert a particular awarded and appro\ed manufacturer's product becomes the Contract. the Successful Proposer awarded that heir may arrati1 e AAith the Cit�'s authorized r "tens_;' • ro supply a substitute product at the all arded price or lower. prof ided that a sample is approved in al.. of i::i'. erg and that the ne,.t product sleets or exceeds all quality requirements. 1.62. CONFLICT OF INTERESI. AND U\ETF1IC.1L BUSINESS PRACTICE PROFIIBITIO\S Stletessflll Proposer represents and \Aarrants to the City- that it has not employed or retained any person or compaall emplo\ed by the City to solicit or secure this Contract and that it has not offered to pa\, paid. or a_ireed to pay any person ant fee. commission. pereenwe. brokerage fee. or [rift of any Bind contln_ent upon or In connection Lt ith. Page 22 of -16 Request for Proposals 1 RFP the award of this Contract. 1.63. PROMPT P,-1 1IE\T - Proposers may offer a call discount for prompt payment_ however, discounts shall nor he considered In dc'terminill`_' the lowest net cost for response eyaluatlt)n purposes. Proposers are required to pro,. ide their prompt payment terms in the space provided on the Formal Solicitation.. lino prompt pay meat discount Is veiny' offered. the Prcp''ier tl'.!tit enter zero (I)j for the percenta,e discount to indicate no discount, it the Proposer fails t' enter a p er.;eltta'_. It Is understood and a:reed that the terms shall be 4., a) etiectl',: after receipt of in-,olce or final ac.:eptjnec by the City. lwhiehoer is later. \\Then the City is entitled to a cash discount. the period of computation yy ill .commence on the date of delivery, or receipt of a correctly completed lin,oice_ hicheyer is leper. I f an ad.;tistilhent in pa_. menI Is necessary due to damage. the cash tltscount period shall commence or the date final ap7,1%al for payment Is authorized. if a discount Is part of the contract. but the invoice does not reflect the e':i:,tel:ce of a cash discount. the City is entitled to a cash discount with the period commencing on the date it is detertl;ir:d. b the City that a cash discount applies. Price discount; off the original prices quoted on the Price Sheet will be .leeertted from S{lceess;ul Proposers during, the term oldie contract. 1.64. PROPERTl -Property owned by. the City of Miami is the responsibility of the City of Miami. Such property furnished to a Sueces,'`ii Pr" •',` ter for repair. n',ciditication. study, etc.. shall remain the property of the City of N!:.- . [)'.... r oceurrina lklalle in the possession of the Successful Proposer shall be the 1 .- _ _ Proposer. Darns-iei occunin'T to Such property while in route to the City of Miami shall be the res,'• n., -i! Successful Proposer. In the e%ent that such property is destroyed or declared a total loss.. the Successful i . ,e:.11l be responsible for replacement value of the property at the current market 4:i1{te. less depreciation of the pr pert\-. if an'.. 1.65, PROViSIO\S BINDING -Except as otherwise expressly provided in the resulting Contract. all co\211.:tr.t;. conditions ai'd pro; ions of the resuItinr_t Contract shall be bindltle_' upon and tl t `; part; � Ii sees. shall inure to the l'er. °�i � � t:•e yes hereto and their respeett', heirs. le..al representatives. successor and assi gi'. . 1.66. PUBLIC E\TI I-1 CRIMES -.\ person or affiliate who has been placed on the convicted %endor list ftollo'.y n.,' a c i ; I' .i ^fissile eim it•. crime may not submit a response on. 1 contract to prof ide any "od s or set% ices to a p{y',`,: e, not submit a response an a contract with a public entity for the construction or repair of public huiltlin t cr public ',tor.:. may not submit responses on leases of real property to a public entity. may not be awarded or perfor:tl yy on as a Proposer. Supplier. Subcontractor. or Sub consultant under a contract with any public entitle. and Iliay not traihsact business w ith any publie entity in execs, of the threshold amount pro idcd in Section 2s-.i11 for CATEGORY TWO O for a period of 36 months from the date of briny placed on the cow, icled vendor list. 1.6'. PUBLIC RECORDS - Successful Proposer understands that the public shall hate access, at all reasonable tittles. to all documents and information pertaining to City contracts. subject to the pro%isions of Chapter 1 1 `). Florida Statutes. and City of Miami Code. Section I S..Article III. and agrees to allow access by the City and the public to all documents subject to disclosure under applicable law. Successful Proposer shall additionally comply with the provisions of Section 119.0711t. Florida Statutes. entitled "Contracts: public records". 119.11-1 Florida Statutes is deemed as belii_ incorporated by reference herein. In summation it provides: Successful Proposer shall additionally comply \with Section 119.0-01. Florida Stannes. includunl%w ithout limitation: Page 23 of-16 Request for Proposals (RFP) 1 l keep and nlainlain public records that ordinarily and necessarily would be required b the City to perform this ser. 1c:e: I _') rrO%ide the public 11 ith access to public records on the same terms and conditions as the City would at the cost pro\ ides! h_. Chapter I i9. Florida `statutes. or a, othem ise pro%ided by. lay.: (? 1 ensure that public records that are exempt or confidential and e\e.mpt from disclosure are not disclosed except as authorized by law: (4) meet all requirement, tnllny pc-!ic records and transfer , at no cost. to the City all public records in ICS poNSeSSion Luri: ter:llina! datro'• an_•' duplicate public records that are exempt or confidential and eveml't t;'tn r;) .1II electronically stored public records must be pro\ ided to the City in a format L 1"- . :11 teChi101@`!. S�-;tems Successful Proposer's failure or refusal to eomplt 1L ith the , seetiou in the immediate cancellatio❑ of this Contract by the City. 1.68. QL 1I.ITY OF GOODS.'r1TER1,\LS. SUPPLIES. PRODUCTS.. AND EQUIPNIE\T-.1.II materials used II'. L P.7:!I1L1f.t:111r1thy_' Or coris7. rIc1; t: of supplies. materials. or equipment Co\ ered by this solicitation shall be rev,. T,'_:1'.; ^ '.! must he of the latest make or model, of the best quality. and of the hi_thest _bide of speci led in this Solicitation. 1.619. QUALITY OF WORK SERVICES- The work ser\ ices performed must he of the highest quality and workmanship. \Ia:erialk famished to complete the seriee shall be new and Of the highest quality except as otherwise specified in this Solicitation. 1.70. REt1EDIES PI:1OR TO .11%.1RD (Sec. 13-106)- If prior to Cor'.traet award it is determined that a formal solicitation or pr..,posed award IS !n 1 h'!alt011 of la`.v-. then the solicitation or proposed a'.t aril shall be cancelled b4 o� the City. Commiszion. the C It_Z .`vl.fi'..t'_r or the Chid Procurer en.t Officer. as may be applicable. or re%ised to . comply wits the lath. 1.71. RESOLUTION OF CONTRACT DISPUTES (Sec. Ii-105) ta) Ant.: grit' to resol'.e CO111=1et dispur.;. The City \lana_aer. after obtainine the approval of the Cir attorney. shall ha'.e the autho'rit\ to resolve contro,.ersies 1bet'xeen the Contractual Party and the City 44hiCh arise under. or by virtue of. a Contract bet 11 een them: pr % Ided that. in cases involving an amount `greater than S25 OOn. the City Commission must arn' ". e the 1, It\ \la ze.''i decision. Such authorit'• extends. ithout limitation. to eontrl% crises based tiro. breach of Ccmi act. mistake. misrepresentation or lack of -complete performance. and shall be in\ oked bl. a CoIracttial Parr, by submii.iion of a protest to the Cir. tlanace.r. ( i' l COntr.let s!I.pta: !eci.,,n;. If a dispute is not resole ell Ley nhunial consent. the City \1.tna_er shall proa;rrt., render a w ritten report startn•:i the reasons for the action taken by the City Commission or the City- \lanaaer which shall be final and conclu;i'. e. A copy of the decision shall be immediately provided to the protesting party. along S;ltll a notice of such r:Ii'.'s right to reel, judicial relief. pro%ided that the protesting parr. shall nor be entitled to such judicial relief laid;out h:`st hal ing foIIol\ed the procedure set forth in this section. 1.72. RESOLLTIO\ OF PROTESTED SOLICITATIONS AND AWARDS (Sec. i. -11 4. Cir. Code) (al Right to protest. The foliott procedures shall be used for resolution of pretested solicitations and awards except for purchases of `cods. sui'pltes. equipment. and serf ices. the estimated Cost of et hich does not exceed S_5.000. Pace 24 of 4(1 Request for Proposals tRFPI -2-3.N2 Protests thereon shall be ..'riled b\ the .AJ:'h1111itrltll e Polteics and Procedures of Procurement. I. Protest of Solicitation. .-\11\ pr,lspecnte Proposer II ht, per:.ti\ts itselfa_..rteled in connection with the solicitation of a Contract may protest to the Chief Pi`.lcl3re:7'tl't t.lfticer..\ '.\ ritten notice of intent to the a protest st shall be tiled II ith the Chief Procurement 0tfiecr'.I ith:ii' three t!,I.. i :after the Request for Proposals_ Request for Qualifications or Request for Letters of Interest is published in a ne'.1 sparer or _cn na1 cireu1ati,,n. A notice of intent to the a protest is considered roe,' \\Then reeci\e.'. by the ChiefProcurement Officer: or ii. Any pr,:s _...c P: the C hiet Pr• Officer AI I t!', l i' t,., tee a protest "l 'i' intends to c. Test the Solicitation Specifications or a itlllettation m.1\ protest to \ IIr'.ttel'. I' `': . of Intent to the a protest shall be tiled \Ilth the Chief Procurement 1, 'illy'l l hcd in a new sparer of general circulation. A none of intent ! by the Chief Procurement Officer. 2. Protest tirA,rard. I..-\ \Cr l:ten noiict t f 1114 1'.t tl 11,2 _1 receir:1T. the Proposer posted on t ' of 4l... °\ ltjce of R. '!''i1'et._., selectith2 the ° ':I S..iccesstul P responsi'2ilit\ Ot [;le S1.1,:2 • I',11 i'' tiff' t recede (he notice. Or ii..AnI acttta! Re s •r a:.,! -'? - protest fit tho: Ch:. .' non-resp, I'. , facsirciile tiled. when feces\fit','l' the Chief Procurement Officer II ithin n+ , da'., asset `land .!'s recommendation for award of Contract. which Ii ll1 be It r.t I\ebsite. in the Supplier Corner. Current Solicitations and I he i',oClce of the City recommendation car. be found b\ Recommendation of Award Posting Date and int!i,:atet; in the Recommendation of A•.\ ar'i T 1 yield. the • s.'li ization to tlbiain the suppliers name. It shall be the _:' n of the I\ ehsite daily after responses are submitted to Btu is low er than that of the recommended bidder ma'. \t .e of intent to ti!e a protest shall be riled with the Chief btt'.t!er Or the notice of the Citl'a determination of bidder of such notice shall be continued by the Lit\ b'. . -_ 211 re.illeste'd. A notice or Intent to the a protest is ctlnaidered .. Chief Procurement IL)f;,cer. iii._i \\rittell on .it:.• o C.'. l'.? must be submitted ttl the; Chief Procurement Officer w lthin fi\e `I days after the date the notice of 77, ._ i Ei!..:. A written protest is considered teed when Neck ed by the Chief Procurement Officer. The '.\either. ,'le t nha . not clhallen..;e the relati\ e \\ ei ht of the ex aluation criteria or the formula for assi enin.1 points in an .1II .t!-.] determination. The written protest shall stale R nest particui.trlt', the specific facts and law, upon It hich the protest of the solicitation or the allard is based, and shall Include all pertinent documents and ex ider.ce and shall be accompanied by die required i' II In_r Fee as pros Ided in subsection t ft. This shall Conn the basis for re\ le't t t;1e \I Iltten protest and no fact.,_ 'e1'oundi. documentation or e\ inctlee not contained in the protester's submission to the Chief Procurement Officer at the time of tiling. the protest shall be permitted ill the consideration of the \I.rltten protest. No time will be added to the abo\.e limits for ser\ ice by mail. In computing any period of time prescribed or allowed by this section. the day of the act. e\ ent o1' default from which the deli mated period of time begins to ntn shall not be included. The last day or the period so computed shall be included unless it is a Saturday. Sunday or Leila] holiday Pa...le 25 of 4rl Request for Proposals t RFPi :..2 in %%hich event the period shall nut until the end of the next da% %%hiih is neither a Saturday. Sunday or leall holiday. intermediate Sattirda,.s. Sund.t_,s and leeal holidays shall be excluded in the computation of the time for tiling. obi:\urliority to resole protests. hearing officer Isi. i learine officers appointed by the City shall ha%e authority to, res,)f .e protest, tiled tinder this Chapter of the City Code. The City L!.tn:t_er shall appoint a hearin T officer. from a separate list of potential hearin officers pre-appro%ed by the City Commission. to resol%e protests tiled in aeiorda roe with this Section. no later than 11.e 1 i'.xor!:il. days follow ill+ the tiling or a bid protest. The hearing officer shall ha'• e the authority. to settle and res0l\e any written protest. The hearin4 officer shall submit said decision to the protester., part} and to the other persons specified within ten f 10i days after he she holds a heann_* under the protest. 1 1 l Iearin a ortieer. The Sarin t officer may be a Special Master as defined in Chapter 2..Article N. Sec. 2-S 1 I or the City Code. or a law v'er in aood stat.din..%ith the Florida Bar for a minimum of ten 1 10i years with a preference ai%ell to a lawyer a h:.7 has ser%ed as an appellate or tried jud_!e. The hearing officer may be appointed from alternative sources (e.g. expert eonsultine a`reemems. pl__„'\back contracts. ete.) where the City Commission adopts a recommendation of the City Attorney that such action is neCes.sar', to aeltie%e fairness in the pl'oceedinas. The erma'_'en:.1t of hearlllu officers is e\.:1'.It'e,.{ from the Procurement Ordinance as leaal ser%ices. The he.irul'' officers appointed in the pre -qualified group ;group', be scheduled to hear protest: on a rotational basis. f 2 i Rieht of Protest. Any actual b1.°pie r or proposer U-ho has standin t under Florida law dissatisfied and a'aorie%ed 'Isk•r of the L'it:. of a solicitation or the protest of an award as set forth abo%e in L. :: :t'..l'. request .I l"' ['. .,.: _ lLcil :1 written request fsr a protest Inuit be initiated %%ith a notice of followed b. acne.:. as pro%ided i11 Section IS-10)41at. The notice of intent to protest and the ac: ,ail protest must each be timer... ed by the Chief Procurement Officer and must comply with all requirements set forth in Section '-. — Failure to submit the required notice or intent to protest and the actual protest within the sj7ecitied tillle:r a;i:es result in an administrative dismissal of the protest. f ' I I learima Date. Within (hirt'. ([!J d.t`:; of. receipt of the notice of protest the Chief Procurement Officer shall schedule a heartr_ -1... a:ln_ or. eei'. at which time the person protesting shall be oisen the opportunity to demonstrate %tl'.A t[1 r,` the City relatr%e to the solicitation or the award. .%hieh may include a recommendation f•. r a'.l rind h'. ti:e Cir' \lan.t er ti) the City Commission. as applicable. should be of el'ttltlled. The party reionullended for award. it it is a protest o.'a1.%ard. shall h.l%e a riyaht to inter%ene and be heard. I fl Iie:trine Procedure. The procedure fcr an'. such hearine conducted under this _article shall be as follows: ti) The City shall cause to be see',eil by certified mail a notice of hearin.' stating the time. date. and place of the hearing. The notice of hearina shall he sent by Certified mail. rettlrit receipt requested. to the mailing address of the protester. The party. anv inter%enor artd the Cir, shall eaeh ha%e the right to be represented by counsel. to call and examine .%itnesses. 10 introduce e%idenCe. to examine 0pposiil_i or rebuttal witnesses on an% relevant matter related to the protest even though the smatter %%as not co% ered in the direct examination. and to Impeach any witness regardless of %%inch parr: first called him her to testify . The hearing. officer may extend the deadline for completion of the protest hearing for good cause shot.n. but such an extension shall not exceed an additional fi%e t 5 ) business days. The hearina officer shall consider the 'a ritten protest and stipportiilo documents and ev idence appended thereto. Page 26 of -n Request for Proposals (KEPI 322 supportill__' documents or ei idence from any inter\ ent'r. and the decision or recommendation as to the lielt.tri nor award bein. protested. as applicable. The •11-etestine part. and any intervenor. must file all periinel,f documents suprortin_a his her protest or motion to inter%elle at least fi; e 45 business da.s before the hearin �. as applicable. Tile hear111__T officer shill allot[' a maximum of two S21 hours for the protest presentation and a maximum of C,to I2) hours for the C IC. response. ii hell there Is .111 it:iert error. a maximum of two I21 hours will be adder' `,,,' 1:'e II' Ill the eL ent of multiple protests for the sauce project. the hearineofficer shall allocate time a; nc,_ _!hat 1`-: Ileac ;..2 shall not exceed a vital of one f I i day. I !U. I i hearin__' officer shall consider the eN Idence presented at CEic heari112. In anv hearine before the ise.1 T irrelevant. immaterial. repetitious. seaildalous or friL oloLLS evidence shall be excluded. .All other c' 1l:enee of ecii mots'. relied roil h:: reeaioiaLbl:. prudent persons in the conduct of their affairs shall be admire ',.. or not sueh e',!deuce'douL be admissible in trial in the counts of Florida. The hearine officer ma[ also :"'!en :.. :'lei. 1 !: " its. and other documents the hearing officer determines to be nCieiiar:. to C, r"....: L._ . ' and I „': :I 1 ;'_i order LL 11'1111 the time limits set Birth by this section. i\ The hearing officer shall Acre. _ it re,urre:rents of Ia'.L II:ILe be aceordanee with the law or relel ant e[ idenee as are.. due process has been afforded. whether the essential was arbitrary. capricious. an abuse orthser;alot",. in idence as a whole: substantial el idence means such .I�eept as adequate to support a conclusion. f t t Within ten f 1 it l da'.: fr.m1 the date i`: 1E1 ° Cit" .l.l'. rise; , .1 . Firs! lyder Coi::4is1!I`_' ♦ 1 his her of applicable. h arina of;;:;:' -.;l! c,)I etc. and submit to the Cit.,. 4 1 !I',! 1. 'erit?il requeitli'a said hearing a L. ^, .,, 1 f ler;al or arantin_a of the protest. as 1 `. I I The decisions- of the h: a rig o`: eer are final in terms of Clt[ decisions relatiL e to the protest. Any appeal from the decision of t::e hearrr._ shall be in accordance 1[ith the Florida Rules of Appellate Procedure. tc Compliance [Lich thin_' re:i.lirentenrs. Failure of a party to timely the either the notice of intent to the a protest or the [[ ritten protest. together LLith the required Filinaa Fee as pro ided in subsection (ft. with the Chief Procurement Officer within the time pr'o[ IdCLi in subsection tai. above. shall constitute a forfeiture of such part['s right to tile a protest pursuant to this section. The prof:;tine part_: ;hall not he entitled to seek judicial relief without First ha[in_tt follow ed the procedure set forth in this section. d iSta.. of Procurements surd'.! protest.:. Upon receipt of a written protest tiled pursuant to the requireIllents of this section. the City shall not proceed further with the solicitation or [L Ith the award ache Contract until the protest is resol\ ed by the Chief Procurement Officer or the City Commission as pro\ ided in subsection Oa) abo[ e, unless the City Nlana_eer makes a v ritten determination that the solicitation process or the Contract award must be continued without dell[ In order to avoid an immediate and serious danger to the public health. safety or welfare. (e)Costs. All Costs Accruing from a protest shall he assumed b[ the protestor. f flFilina Fee. The written protest must be accompanied hi a thins fee in the Form or a none[ order or cashiers Pa°_'e 27 of 46 ehe..2's CIL:. in an:. ard or the C Conwri unde" cost, the Request for Proposal.s (RFP) -2-3x2 n an amouni the antotint or the BiLl or proposed Cora raet. or payment of all costs NN111Ch 111a:. be aditidged aiini . • .12st i upheld by the Chief Procurement tiff -ices ° I ti 1 ill :,:,Illbe refunded to the protestor less an:. costs assessed J. the 1-;ing fee shall be 11.)rfeited to the City in lieu of pa silent of p; .,:ribed by stil)seetion e. 1.73. S.1), 1PLES v. hen required. must be submitted within the time specified at no expense to the City. If not •i. := Proposer( yk ill be notified to rento+.e samples. at their expense, within 30 days after notification. t e he samplewili result in the samples beCCIIIII11.1 the property of the City. 1.74. SELLING. TRANSFEIZRING OR ASSIGNING RESPONSIBILITIES - Successful Proposer shall not as.sigi. transfer or stibcontract Ali: a:Hill 0.10 term ofthe Contract. the Aireement itself or any portion thereof or any part of its operations. er assian. sell. plede..e. dispose comey or encumber any portion Of the .kareement or its performance. t required b:. this contraet. except under and by ‘irtue of prior written permission granted by the City NI.111..12,2r. may be withheld or Lt,Ilditoned. in the City Marnvier's sole discretion. As this Aireente.nt is eensidered unique in r..Littire st,ch permission may be refused. w itItheld or eorditioned by the Cir.'. Nlana2er. 1.75. SERVICE AND NNARRANTN. - \\hen speeified. the SLICCestlil Proposer shall define all warranty.. sere ice and repla.:ements i1 be pro,. ided. Proposer must on he Response to what extent warranty and ser, he ane a...triable. A eopy marMlieturers arranty. it applicable. should be submitted with your response. I ,7f), slITNCE OF SPECIFICATIONS -The apparent silence of these specifications and any supplemental derail er the oinvfrom it of detailed description concemina any point shall be rearded • . only the best commercial practiees are to pre %. ail and that only materials of first quality and COI -red .•• L. esia-n are to be L:i2c.t:...\11 orkmanship and serf ices is to be first quality. .A11 interpretations of these -hall be made 11/10T1 111C basis of this statement. If your firm has a current contract ith the State ot' Florida. D....:_irt:•rent of General Sere ices. to supply the items en this solicitation. the Successful Proposer shall qui..,te not more in the contract priee: fai:ure to eomply ith this request will result in disqualification of Proposal_ 1.77. SUB 11SSION AND RECEIPT OF RESPONSES -Responses shall be submitted electronically cia the Oracle System and additional!). resrenses shall be submitted in hardcop% format to the City- Clerk. City Hall. 3500 Pan .American Drive, Iiani. Florida 33133-550-1. at or before. the specified closing date and time as designated in the IFB. REP. RFQ. or RELI. NO EXCEPTIONS. Proposers are welcome to attend the solicitation closime: hnw. e% er. no aw-ard \ill be made at that time. A. I I ardeopy responses shall be en.l.,,sed in a sealed en \ elope. box packa..2e. The face of the envelope. box or packaLte must show the hour and date specified for receipt of responses. the solicitation number and title. and the name and return address of the Proposer. I lardcopy responses not submitted on the requisite Response Forms may- be rejected. I lardcopy responses recei ed at any other location than the specified shall be deemed non -responsive. Directions to City Hall: Pa.,e 2S of-t Request for Proposals (REP) 7-2-3\2 FROM TI IF NORTl I: i=e)5 SOLTi i UNTIL IT TURNS 1\TO US 1. US 1 SOL TI 1 TO 27T1 I AVE.. TURN LEFT. PROCEED tit ILTI i T.) S4). B.\' SIi(_)RF DR. (3RD TRAFFIC LICGI IT,. TLR\ LEFT. 1 BLOCK TL'R\ RIGHT (.)\ PAN A\iERIL-.\ DR. CITY iL\LI. IS AT TICE END OF PAN A\IERIC.\\ DR. P.ARI'l\G IS O\ RiGI IT. FRO\i TIIE SOCTIL USI NORTH TO'-TII AVENUE. TURN RIGIIT. PROCEED SOLTII TO SO. B.AYSItt)RE DR. t_ RD TRAFFIC LIGHT). TURN LEFT. 1 BLOCK TLR\ RIGHT ON PAN _a\1ERIC:\\ DR. CITY II.ALL IS At TiIE END OF PAN A\IERICAN DR. PARKING IS O\ RIGHT. B. Facsimile responses will not be considered. C. Failure to foolo,A these procedures is cause Fur rejection of bid_ proposal. D. T:!e res; ei slf'II' y t 7r obzainim4 and aubmi till i a response en or before the close date is solely and strictly the responYibi°It. .e Suc.cessill Proposer. The C it: of :Miami is not responsible for delaycaused h . the United States mail deli\ erN or caused b:. an:. other o.currence. Responses receiy,.d at1er the solicitation closin_e date and time will he returned unopened. and will not be considered for award. E. Late or rills -deli% e: ed or ineor'.reetle addressed responses will be rejected. F. r <e' i:'_ sukjeer G' the conditions specitied herein. Those which do not comply with these coi',el:tions are G. of res:''.'Iliei _11:': ad:. su'`niitied +sill be considered only it recel'.ed at the City before the time and date set fo c!..'Rin_' re>Ponses. All modifications must be submitted.' is the Oracle System or in One.: ,i s`,L.it i I c ,s ,`l date andor time expires (. the City will nel consider any subsequent submis;i.,Il yy':i_ , alters the responses. FI. I har leap responses are <;1.1:Rutted at the sam.e time for different sollc(tations. each response must be placed in a Serarre en', el ye. 'I 0x, or pa::.,1 << and lacli en%elopc. box or picka;e must contain the intormation pre., iously stated in I.'r i. TAXES -The. Cit.. of \I. exenyt from any taxes imposed be the State and or Federal Go%errtlnent. Exctl,ption, certirlcates w 1ll be I'I'•`y idea upon request. Nor.‘ ithirandinu. Bidders Proposers should be aware of the fact Cut all materials and sus plies yy!,ich are purchased by the Succesitit1 Proposer For the completion of the contract is .u'jeet to the Florida Slia!a Sales Tax in accordance w ith Section 212.11s. Florida Statutes. as amended and all amendments thereto and shall he paid ;solely. by the Successful Proposer. 1.79. TER\II\.\TiON - The Cite \I_; aaer on behalf of the Cite of Miami reser\es the ri•eht to terminate this contract by yy ritten notice to the Successful Proposer eFtecti e the date specified in the notice should any of the Pa'!e 2) oa-ih Request t;)rProposals iRFP1 -3.\2 2. Special Conditions 2.1. I'L-RPOSE t'llr't!'N. tit Solieit.lti.'n is to establish a contract. for an EIlli'k ee Voluntary Loan Pro `"":Iit;. as si'eel herein. from a source' i 1. fully e0+11rli.0 t 451[ll the terms. conditions alld stipulations of the solicitation. 2.2. VOLL'\TARI PRE-PROPOS.IL. CONFERENCE . , Voluntary Pre -Proposal Conference... hicll will occur on Tuesday. `:.• _ . 2r11 _ .:' I at Miami Riterside Center. 444 SW 2 .-venue. 6th FL . South (-• [ 1 ':_" _', L Room. \ ... l - \ ct,.I n or the requirements of the Solicitatiton v ill occur at that time. I ,._.. !). is r_a!lir_ 5 Prot'k?sa1. to acquaint rheum 1. es thorou'ah1L with any and all • T., a,•_' ; e_iul "_ •. an.- manner affect the t5+)rl. to be re:for:r.ed No allowances %%ill be made1, en c�)I1dItI0l'>. The puiTr'•.' i`t Cl:e P!"e f';' I_, I':_ " e is to allow Proposers an opportuniiv to present questions to staff and obr.dr cl.lrlfle ltlt)tl +)f the .;[Breit ti'.e Solicitation documents. Because the Ciry topsiders the conference to be critical to tinderstand..I'.S 1.`., s011cit•!'.+1n requIrements_ attendance is highly recommended. 2.3. DE_\DLI\E FOR RECEIPT OF REQUEST FOR :lDDITIO\.1L 1\FOR\1.1TIO\'CL ARIFIC.-TIO\ i '.ruin i L';; sol be submitted by email or facsimile to the \ .t_ll,:a C ar -.- '_` i i9 or email: ycalder+.tn .r ci.miami.t1.us. and a • _ i_ 1.211, Cone of Silence. The solicitation title and illlmbei nalit be reeeked 1 0 Lite:. than \1r7r.da'.. No,. ember I i a: 5.11+1 PM. A r.,e> 10 y!t-d�ii.�C 1L ill be sent to all proii'ecri.e bidders proposers in the form of an NO Q ESTiONS WILL BE RECEIVED VERBALLY OR AFTER SAID DEADLINE. 2.4, TERM OF CONTRACT The Proposerss tivaliti;d to pr.)5 ide the ser. ices requested herein. shall be required t.7 execute a Professional Ser. ices .-\2r:en er.t 1".-Nire:.:*,. nt"I . itil the City. which shall include. but not be limited to. the COIlowino term;, I ITlle term of the _dare:il ent shall be ti r three (. 1 :••ears, tt it!: an option to rene'A for ['.t 0 2.1 additional one ill year periods. 2 )The City \ I.ia_ter shall ha.. e the i3ptio to extend or terminate the .:\_ "cement. Continuation of the .A_ reemenr he. end the Initial three (` 1 1 e;1;' l'tr1.`t I..t City prerouatl\ e: not a right of the Successful Prcpesert s 1. This pre'0_eati+e L1ill he ex'rcl.ed onh. 5then such continuation is clearly in the best interest of the City. 2.5. INSUR.-\CE REQL IRE\IE\TS INDE\INIFIC.ATION Successful Proposer shall pa} on behalf of. indemnify. defend. and sae City and its officials harmless. from and Pa'ae ;t) of 46 Revue<t for Prorosal; I RFP ) a `ir.st any and all claims. llahitiries, loses. and c ai:s of action. A Niece Ri '. arke out of Successful Pro]',t.er', t'er.. l il.al',:e under [li. ltrili ICI lI, of the A _ ::1:.111. Ii cILIsl11'._ all acts or omis,ions to :lie on the part of SLli,:c“rill Proposer. inc ludin2 an.; per�.,11 perf_'rmin2 under this Aa";irnent for or on Successful Propoier'i Its}idif. pro\ Ida : that any such c sin . liabilities. losses and c:luses of such actittn are not attributable to the ne `ti aenee or ill:�i,�l'dLlil of the City and. froi;, .SIItI aS'i r..t .tr . or_fers.jud_rnent or SLhlch ma% be entered :1.1L: tLInch .'1`.:1'. r .iilS from this Aireenient. [II:IcSa attributable to the IIcll lance or ii i » ndiiet or the Cit\, and from and a'asilent all attorni,..s' fees. expen5.es and ll.i,?ilitieN in.:ti ed 111 the defense of any SLIcII claim. or the in%esti2atliln thereof. The Stic _ Floor. \!:: u hich .,. !'[irnkh c o Procurement Derailment. 444 SW .'nd .A\vlitie. hth \thich indicate that insurance coverae has been obtained otL Commercial General Liability A. Limit, of Liability Bodily II'_ _ and Property Damage Lia�ilit. Each Occ117cnc0 S 1.OQt).04)t) _L Li.,.;. S ?a0011,0ou I: S 1.1)0IL0i'al Product.: Complete. I r , S I _t)nu.iiul) B. Er..lor.err.e^,t; Reguir.:.d City -of \I':_:. Lr...: as additIonal Insured Continent & Contractual Liability Premises aid O; era:ions Liability Primary Insurance Clause Endorsement I1. Business .Automobile 1_iabilit A. Limit; Let Liability Bodil'. Injury and Property Dan;a_= Liahiinv Combined Limit Owned Scheduled Autos lncludma I fired. Borrcm ed or `an -On ned .Autos Any One .Accident S 1 Mt)i).i)lt) Entlorsenaent:; Required Pa.ae 3 I of Oft liar. as an additional irsureLl li I. N orker's Compensation Limit; ofLiaoility Statutory -State of Florida 4l ai+er of Subro.iation Lmhlo'�r s Liabila:. A. Limits Liabilit+ jlitllil!{}ror;hcident.each accident S I Iltl,lil7►Y for hcdi1'. IiI}ti: ' each enlph) ee S=1)ti.0l}ti for bcdil.. iltjtlr. .I,I.: t i,.. dHcas.2.. polio" limit IV. Professional LiahilitErrors and Omissions Coverage Combined Soul: Limn Each Clain General Limit Rego Date included S 1,000.000 S 1.000.I)t }0) RequeNt for Proposals 1RFP1 The chose policies shall pros hie the Cite of Miami with wrirten notice of cancellation or material change from the insurer in accordance to policy provisions. Conii'y,tnies authorized to do business in tIIe Stat',-2 of Florida. w ith the tollowin2 qualifications, ;hall issue all insurance policies required abO1 e: I h: company must he rated no less than —A.-" as to management. and no less than "Class — as to Financial `strength, b+ the latest edition of Be,t's Insurance Guide, published Best Cotnpan}, Old+siel.. `e++ Jerscs, or its equivalent. All policies and 'or certificates of insurance arc subject to reuses% and verification b+ Risk NIana_genient prior to insurance approval. BINDERS ARE LNACC'EPTABLE: Page, 32 of Request for Proposals I RFPt The insurance coteraae required shall include those classifications. as listed ❑1 standard liability insurance manuals. Sl hieh most neat. reflect the operations of the Successful Proposer. All insurance policies required abt?te shall be issued h2 companies :1tit;iorizcd NI do business under the laws or the State of Florida, pith the following qualifications: Certificates trill indicate no modification or change in insurance shall be made without thirty f311) days tt ritten adc:nice notice to the certificate holder. NOTE: CITY RFP NUMBER AND OR TITLE OF RFP NIL ST APPEAR ON EACH CERTIFICATE, AND TIIE CITY MUST BE LISTED AS TIIE INSURED AND OR ADDITIONAL INSURED. Compliance w ith the toregoine requirements shall not relit\ e the Successful Proposer of his liability and ebliaation under this section or under any. other section of ibis A ireement. --If insurance certificates are scheduled to expire Jurin * the contractual period. the Successful Proposer shall be responsible For suhniittin i new or renewed insurance certificates to the City at a minimum of ten f I0f calendar days in ad%ance ofsuch expiration. --In the dent that expired certificates are not replaced ‘‘ith nett or renewed certificates which cover the contractual period. the City shall. it Suspend the Arreen env until sti.. h time as the new or renewed certiticares are recei .ed by the City in the manner prescribed in the RFP. I b I The C It'• ne:l`.. at its sole diBeret;tin_ terminate this A areentent for cause and seek re -procurement datlla Tel from the Successful Proposer in conjunction with the General and Special Terms and Conditions of the solicitation. The Successful Proposer shall be responsible for aisurin,l that the insurance certificates required in conjunction with this Section remain iIh force for the duration of the contractual period_ includin2. any and all option terms that may be ;rrar.ted to the Successful Proposer. 2.6. EXECUTIO.`r OF .AGREEMENT The Successful Prtrposcrt s1 evaluated and ranked in accordance with the requirements of this Solicitation. will hat e an opl'arainitt to Ileeotl.tie a Professional Serices A_'reenhent 1Aereenientt tl ith the City. The City reserves the ri4-'ht to e'ieeti.e. or not e' i.. . as applicable. an .A_reement tt ith the Successful Proposer( s ) in Substantially the same form; as the draft Aereenlent attached to the Header Section of this Solicitation. Such .A'areetllent which will be furnished by the City. will contain certain te.rthhs as are in the City's best interest. and will be subject to approval as to legal forth by the City Attorney. 2.7. CONDITIONS FOR RENEWAL Each renewal of this contract is subject to the followinE Page 33 of 46 Request for Proposals i RFPI -2-3N2 I i Continued satisfactory performance coup]; ai:ee \1 ith the specifications. terries and conditions established herein„ 1 _' 1 .A.vai labi li tv of funds N1INI11L 7I QUALIFICATIONS Proposers shall satisfy each or the requirements cited belo+a. Failure to do sou ill result in the Proposal bein_a deemed non -responsive. A. The Proposer shall have. pr.l ided a \ oluntary loan program similar services for a minimum of three i 1 years. shall be if. ""tied Standitt! with :ln, and all arpliaable federal. state. and heal auti'oritIes \there they conduct business. or ha", e trar.s.➢eted business in the past three 13 I years. shall be in bill compliance to ith all re plations and !hide€ines. and shall operate in full compliance and accord with the same. B. The Proposer shall posses; sufficient resources and personnel to commit to a contract for the prof ision of these sera ices. tl.eretore. Proposers are required to pr?vide the ProposeC s financial statements at the time of submittal. in order to demonstrate it's financial capabilities. Proposer shall submit It.i most recent two years of financial statements for ref ie'a. The financial statements are not required to he audited financial statement;.. The annual financial statement; tt ill be in the farm of: Balance sheets. income statements and annual reports: or ii. Tax returns: or iii_ SEC tilinis. C. The Proposer shall be an acti'... eurre➢.,l,• re_i;ter d corporation. limited liability company or limited partnership with the State of Florida Department of ision of Gilt erations. and shall be in rood standima with the same, I:the Proposer is not in .ed >'.l,'i' 1S 1i.i the Florida Secretary of State at the time of a submission to this solicitation may be deemed nor7- _ " 'i'.I'. I; the Proposer is an out-of-state or forei"alt corporation 01' partnership. the Proposer must obtain the .:. .. ::".iinsaet business in the State of Florida or shots et idence of application for the authority to transact business in the State of Florida. upon request of the City. if Suecesshll in obtaining a contract award udder this solicitation. the Proposer must remain in good standing, throti'.h the duration of the Contract. D. The Proposer shall never haa e tiled for bankruptcy. shall be in sound financial condition. shall have no record of civil Iuti•iation or penditra lawsuits in.ol•. ina criminal activities of a moral turpitude. shall not have aiolated Ethics La•.vs. Unfair Trade ade Practice or e➢% i1 theft Li.t s or such other lint s e neerninc the public trust. and shall not hat e an_`" conflicts of interest with the City as defined in the State or Florida Ethics Code. the diaries -Dade County Conflict of Interest and Code of Ethics Ordinance and the City of Miami Conflict i'..`lict of Interest Ordinance. E. The Proposer shall not have any members.ofticers. or stockholders ‘vho are in arrears or in default of any debt or contract ins olt in_ the City. shall not be a defaulter or surety upon any oblication to the City. and shall not hate failed to perform faithfully any contract tt ith the Ciry. Pace 34 of 4 Request for Proposals IRFP) - 2 2.9. F.111..L R1 -I-O PERFORM Should it not he possible to reach the Contractor or surer. Isor and or should remedial action not be taken to ltlin 4`'+ hours of and failure to perforIi1 aecorLlina to specifications. the City reserlei the ri !ht to declare Contractor in default of the contract or make appropriate reductions in the contract payment. 2.11). PROJECT NRNAGER Upon a.vard. Successful Proposer shall report and evork directly with Ann -Marie Sharpe. Risk \Ianaaenlent Director. who shall he deli mated as the Protect Mana_terlsI for the City. 2.11. SCBCONTR.ICTOR(S) OR SUBCO`SULTA,\T!S) .1 Sub -Consultant. herein known as Sti.h-Contractort st is an individual or firm contracted by the Proposer or Propose: s firm to assist in the performance of services required under this Solicitation. .A Sub -Contractor shall be paid throe ih Proposer or Prioi user s firm and not paid directly by the City. Sob -Contractors are allotted by the City In the. performance of the services delineated t1 iCllrl this Sollelt:felon. Proposer must clearly reflect in its Proposal the major Sub -Contractors to be utilized in the performance of required sere ices. The City retains the ri ht to accept or reject air Su!." -Contractors € r: "rased in the response of Successful Proposer of prior to contract execution, Any and all liabilities ret.tarditta the a•_ :1 Sal' -Contractor shall he borne solely by the Successful Proposer and insurance for each Sub-C1'ntr.let.lrs nit. . tiood standing and appro.,ed by the Ctit throughout the duration of the Contract. Neit,l : '.'c ,! PrC ii. Sub -Contractors are colisidered to be employees or ajents or -the C i� . Failure to I1.1 .L. .'-CUt '_t 1. k:e the required iniormatIon may disqualify any proposed SuIl-Conrractors fromperf:r'1',II'_ work Under ll'.is Solicitation. - P ':'."•e'+ shall fn�lt:, c' Res;', I; e: f;'e reetuestcd Sub -Contractor information and include all reletllnt information i'r ',foie.. lthin fit-e t5) toOrikin: dares after the identification of the award to the Suecessf:;! P:` ',t ',41,..ces,..il P.-poser shall praeIde a list confirming the Sub -Contractors that the Sti.'cc.dful Proposer il' 2r.d. t.' G'li:,'; 11' t.'.. Contract. if applicaNe. The list shall include. at a minimum. the name. lecnt.,11 of the place htisii'c' , for the Sett ices Suh-Contractor will pro% ide relative to an:, I"reset t1tat nla4 result front tilt, Solt,: ttlt'l:. any applic:l'.'ie licenses. references. ownership. and other information required of Proposer. 2.12. TERNI1 NATION .A. FOR DEFAULT l : (_ :: :' I"• in its performance Under this Contract and does not cure the default within thirty t 3I)) days tIi1. 1 I: [ate of default. the Cite \lines Ter may terminate this Contract. in whole or in part. upon written notice ;It id out pc;'..)[i. to the City of Miami. In such event the Contractor shall be liable for datnaces including, the excess cost ofpr'cLI ifl similar supplies or services: pro\ ided that if. (1) it is determined for any reason that the Contractor t1 as not ii' de Ault. or t _2) the Contractor's failure to perform Is without his or his subcontractors control. fault or ne'rli',enec_ the termination will be deemed to he a termination for the convenience of the City of Miami. Pa•oe 35 of-4I, Request for Proposals rRFPi -27342 B. FOR CONVENIENCE lii i\ I 2. ,7 . .1'2 Contract. in IA holo or in part. upon t1iirt.(310 da:i.s prior %.ritten notice %%hen it ir• \nii. IF ii Contract is for surplies. products. equipment. or software. and so ..• !7 1:- '1: - Cir.sof NI1.1:171. the Contractor %%ill be compensated in accordance w ith an !.]-,,:.nent of cost. 1-o the extent that this Contract is for sen ices and so terminated. the City of \ I iami Mali be iiac for pa:, rnent in accordance vicli the payment pro‘isions oldie Contract for those serN ices rendered prior to termitiarion. The Contractor shall ha % e no other recourse aaainst the City except as expressly pro,. subsection for a Cancellation for Convenience. 2.13. PRI Nl kRY CLIENT (FIIZST PRIORITY) The Sue•.:es.,!1.' Pr..posori 17 .F.1 aid ()Frills contract that the Cir of Mianli shall be iIs primarclient and a sche•'.' • •- any other contract Sitessful A •-_•. counties to reri,.L:niaiiIa ser.i,:es as a result of arv.,, catastrophic or::.-•• such as t,,:Tad,,e,. hu.Ticanes. se.. ere storms or any other pH eiccnc micti r. ariotis ara (lurina or arTroxinlately the cann. rime. 2.14, CII \NGESALTERATIONS Pr ,, -,ser 17-1: ‘.‘ ithdr.v.‘ a Proi-• prior to Proposal submission deadline: howe‘er. no oral O'd. Written mod!. afl nct e allo().ed follow nvthe proposal deadline. 2.15. FINANCTtL PROPOSAL Each PrTcser su-nit a detailed schedule. of px..-ment and interest rate. for the required seiA ices as listed herein. The Cr'. ft.2t to ailk.! or delete in. 57, at ari,.• time. Shotdd the Cit.,. determine to add an additorai. IC0 rt.! w as not Fevioush.. secured. the Cit: shall see:, the Successful Proposer to pro( Lie ren.;orable costs 1for Sili'1.11LI Cie CiteIii1n h pric unr..:a:;.)hal.21e, the Cit reser\ es the ri:411t 1. r;-:•.:.,tiat.: or seek anorher ‘endor for the pro% ision or said serk Failure to submit Financial Proposal as required shall disqualify Proposer from consideraflOil. 2.16. EVALLATION SELECTION PROCESS AND CONTRACT AWARD The procedure_ for response e\ aluation. selection and award is as follkm s: I ) SolicitatiLm issued: 121 Receipt of responses: 131 Openin2 and listimi of all responses receked: (4). Procurement staff %( ill re\ iew each submission For compliance with the submission requirements of the Patze 36 of -In Request for Proposals tRFPI = ' solicitation. 1r:chid:m ' \erlt\ in_ that each submission Ii',c'ILLLres all documents required: I5; .\n R\ aluJ:l n Committee t"Coiiu'.Ittee °I. appointed by the C It\ \Llilll_cr. comprised of 1j'1'.'Pri ite C It:. St.l;f and niea.her, of the ei°Iliillur it:•. as deemed neL:essanl. A i[l-. tl'.e appropriate technical eCpertlse an.! or knoiu led_:. shall n;.eet to e'.:tlu'atc each response in accordance \\ itii the requirements of this oliciration and based upon the e\alaation criteria as specified herein: {()I The Committee reser\es the right. in its s. le discretion. to request Proposers to make oral presentations before the Committee as Part of the e\:ilttltior. process. The presentation may be scheduled at the con\enience of the Committee and shall be recorded: I -1 The Committee ;nittee res r\ es the eels to rank the proposals and shall make its recommendation to the Cir+ \lana_!er rcquestin t the authorization to reaNiate. ,,o Pr.lhoserr ) shall ha. e ai;_. riY'1ti a_!ainst thle C it\ a;'1si112 n.0111 SLR.th ile2otiati+ins thereof: •' 1 The Cit:. l.ina ';"' reser-, es the riaht to reject the Committee's recon1:v ell.ia!i Mi t0 ne ' tiat.. and instruct the Committee to re-e\ :thine and make another recommendation. or reject all proposals. 10 Proposer' i t shall ha\ e any. rl''llts a'a:lills't the Cit:. arisin'_' from such r,e'.otiations ti.ere.ot: 1`)J I: t. Ci[. `l.ln.i_ . ;lace the C,'i', ;1: 1..._'s recommendation to ne..:otlate. Procurement \\ill neaotiate a final cont:..c, \1 ith t:'._ Successful Pro:srise,. ai.d submit a rect7ill:llendatlon to a'.\ar'd a contract Is) to the City Nlanxaer: ( 111 } The Cic tl.ltl:L'_1' shall then siiJnlit his or her a`.\ and recommendation and negotiated contract's' to the City L ornin1;s,on f -'r a^' « '.r. a'.. Titter notice shall be pro\ ided to all proposers. (Ili If the Cit'. \l.l:..i jer.lec pts the a'.\ard recommendation. the Cit'. \l.n?aaers recommendation for a'.1;t d of contract \6 iil be posted on the City of Miami Procurement Department website. in tite Supplier Corner. Current Soheitations and Notice of Recommendation atA'.1ard Section. The notice of the City \Iana'aer.'s recommendation can he tbllnd b'. selccttl.' the details of tite solicitation and is listed as Recontm.n datioii or A\\ard Postin, Date and R tco111111end:ltior, or"Award To" field,. If"\ariouw" is indicated in the Recommendation of "Award To field. the Proposer must contact the Cotltractin 2 Officer for that solicitation to obtain the suppliers names. 112} .Afterre\iewina the Cit. .\lanaaer°s recommendation, the City Commission nia\: l . A l I'o1 e the Cii\ N1,111;i2er, ,t'.1 :Ii'.1 recommendation a[1L111 and neioti.ted contract( s 1: 2. Reject all proposals: 3. Reject all proposals and Instruct the City flail. Ter to reissue a solicitation: or -I. Reject all proposals and instruct the City \Lirt._aer to enter into competitive ne2otiattonswith at least three Pa2e3-of4( Retiuest f +r Proposals i RFP i ''- zs2 indit Initials or firms possessirrd the ability to pertornl such services and obtain information from said indt\ Idtl:lls or firms relating tn.) experience. quail ticati i's and the proposed twist or fee tt)rsaid services. and make a recommendation to the Cl:. Commission. The decision shill be final. I\ rinen nonce. of the au and shall he _it en to the Successful Proposer. r.17.ADDITIONAL SERVICES Ser\ ices not speeiticall_•. identified il: this request may be added to amv resultant Aiircement upon successful ne!+.ltlation and mutual ctiilsent of the .tlntr:tctin . plrties. T1'.. City reser\es the rlrtIlt to add or delete any serf icetil. it any time. Should the Ci det_r;lhiIle to add an additional ser; ices st for which pricin was not pre \ions! secured. the City shall ask the Stle, ei;'ul Proposer to provide reasonable coins) for same. Should the City determine the tl•.e r,_Ilr to ale. otiate cost( it or seek another fire emtir. for the pro` tsi.tn t\f said service' l t. 2.18. TRI TJI IN NEGOTIATION CERTIFICATE restfltin.i a_reealent by the Successful Proposer shall act as the execution of truth-in-tle_Ult:ltion that \\;l_: rates and other factual unit costs supporting the compensation of the resulting .I, ctirate. complete. and current at the time oreontractin g. The on Sinai contract price and any he adjusted t: e\elude Sillli:Icant sums n\ which Cit\ determines the contrast prise R-a..s -_; due to inaccurate. incomplete. or non -current '.adc rates and other factual unit costs. All such contract .rents shall be made 1\ ithin one f l t year follow in•! the end or the A,reelllent, 2.19.. DDiTIO\.t.L-1"ER\IS A\I) CONDITIONS ,..aonal tei-m and conditions Included as part of your solicitation response shall he e\ situated or considered. 1.• am; and all st,_ additional terms and conditions shall ha'.e no f_,r e or effect and are inapplicable to this 1t sal `:1'.ittc,l either puritt`,el_., tlrou_ah intent or desl!.n. or inad\ertently, appearllai separately in -..�.. - ticatioi .literature. price lists or warranties. itisunderstood and agreed that the General Special Conditions in this solicitation are the only conditions applicable to this solicitation and that the Bi,ldel' s Poposet's authorized si_arature affixed to the Bidders Proposers acknowledgment form atteststo this. If a Professional Services :t_reernent t PS.- I or other .Aerecment is provided by the City and is expressly included as part of this s.\licit.tiorl. additional terms or conditions 1\ hick materially or substantially varv. modify or alter the terms or conditions of the PS.A or .Agreement, in the sole opinion and re.asonable discretion of the City will be consider-ed. Any and all such additional terms and conditions shall have no force or effect and are inapplicable to this PS.-\ or:\.ireentent. Pane ,N ot4u 3. Specilleationi 3.1. SCOPE OF SERVICES A. BACKGROUND A-; t!le C of or,ler con(rihure in flicilita 1.secking ,t to pro'. 1.• t IFIS 0. _ !:,' c,,,sts. 1.)r nlent C„.r k 11.1.011 B. PROG RANI REQLIRENIENTS Rust It.,r Proposals (RH') -2-3N2 pro% ides an array of benefit plans and programs to its emploees. in ror any ohstacles the., may encounter in their o % es. The City program to as-:ist employees %% ho may be li% Mg. loans. or othz-r traditional credit options. These ma.11,1% e‘perienced tale \peeled or emergenc:, :.)r. major home appliances. and or electronics iuNua ec Vc.,Iiiittary Loan Prouram i"Progra:F.' -,hal I: I access to loalts tup to and c, 2.7 online. application and appro%al siayle. WIc i a bank accouni regur:ed, need proof or one ( I V.111 the Cit:„. 4 P:.,1l 1 rr id e trar.datory financial eLluc.n.cn, pro % idiri.2. debt in,marnent. Mstrtict on on Financia[ corrummity outreach. 2Y• ft:. I - 1-.stallinents. which shall h akailable anykk here Iron six (hi. to 2i'•. he automaticall:, deducted from each of the emplo:,ce applicant's seal time .1-, t:'.e I is completely paid off. P:•opo-;e!- sh,t1.; . stat.2mert.i to emrlo:.-eesirJir. inte:est paid anttuall:k. at co cost k) ;.1.2 Concetr.in.: the sam,:. t!lis loar. r.7,).21-lim N trictl:, a ailaH re to etn.r.,!,y2.,es th...2:-et',.,re.an envolo ee's of' a loan intzn,!,-....d a non-emplo;.ce is prohibited. si The loan payments shall be rixe.1 and based on the actual loan amount. the applicable reasonable rel011tt12,2 1-..0 (APR). and the terni of the loan. aul Proposer shall ettaranteed. unsecured. 5imple interest loans to enTloyets upon verification of which %Vill not eweed S5.000. C. PROGR XNI LI kBILITIES I. The City shall: a hear absolutely no liability. risk. or incremental co (administratike or otherwise) from the program implementation and operation. Page 39 of-1 Request for Proposals1 RFPi bi Tie NOT he a ...tuarantor or secondarih: I iabl.2 in an:, manner for the repa, mem of these loans and responsibilit:!,. for the s.tnie shall be strictl> zind solel:, the eir.ploee amlicant's and the Sueeessful Proposer's. 2. The Successful Proposer shall: Assume an,. and .111 liability assok:iated v. it'll said loans. incluske or' leans pertainirul to eripio.N..ee applicants no lon2er under the Or, °s employment, %%hether due to resitmarion. termination. or otherwise. hi Provide the most fa' ored nation price protection for the City. c All eomponents such as ACIIv ir transfers. will be the responsibility of the Successful Proposer and at no cost to City. di Be responsible for the per.", !--.. an.: and all marketina and ful;illment and shall pro % ide an ca.iy-to-administer proo:rarn. Et Work with the Cit.'s ....•oncerain2 the rwaratiky, ttiir. and all mark:Aine materials and shall pr.:•sent the same for said ai-pro%al prior to all:y LL111.,211. rnessae.in2 or distribution to the Ciry's employees. me! i'nr.tnintioq ean-tIr he sold or used for ad % ertisin,,, sales promotion. or other_publicio, ptt raoses. Scope includes. but is not limitA to, the furnishing or all labor, materials, equipment, services. and incidentals for providin2 ti Proyram for City or Nliami emploees. P..1•20 0141) Request for Proposals I RFP) _'__,2 4. Submission Requirements 4.1. SUBMISSION REQUIREMENTS Prork.'ss s shall carefully follow the format and instruction outlined belo\ti_ obser.Me format retltnrenlents whet.: indicated. Propcsals should contain the information itemized below and in the order indicated. This inti'rnhation should be provided for the Proposer and any Sub -Consultants to be utilized for the work contemplated by this Solt,Mation. Proposals submitted which do not include the following items may be deemed non-responsl\e and may not be considered for contract award. Proposers shall submit responses in a llarJeop'. format. consistin.! or on, 1 1 } ori .ir131 and SC\ en { 7: c rie . and in an electronic format \ia a C'D-Rt l\I. Or -line submittals. \ is the Uracle S\stem. shall not be accepted. Failure to do so C1a', deem the Proposal non-resi'oI:si'.e. Section -_I. Submission Requirements surers�des Section 1.7S. Submission and Receipt or Responses of this RIP document. PROPOSAL FORMAT The response to this solicitation should be presented in the follo\vi e format. Failure to do so may deem your Proposal non-responsit e. 1. COVER p 1GF The co, e" P.l : il`.•'Llls! incJL;de the Proposer's name: Contact Person for the RFP: Firm's Liaison to the Contract: Primary U.``ice Location: Local Business .Address. if applicable: Business Phone and Fax Numbers: Tide of RFP: RFP Number: Federal Employer Identification Lumber or Social Security Number. 2 T iPi_F OF CO\TENTS The Table of Contents should outline. in sequential order. the major sections of the proposal as listed below. ii eludine all Miler re e\ ant documents requested for submission. All pa2es of the proposal. includin` the enclosures. should be clearly and coI'seetftl\ ely. numbered and correspond to the table of contents. 3. F\FCITI\'F: S[-i\l.\R\: A si• ned and dated sun' " "' of not more than t\Lo t2I pa_ees coma Min...! the Proposers Qualifications and Experience_ ability to Perform Required Ser\ ices. and 0\erall Approach and Methodology to Scope of Work as contained in the submittal. Include the name of the organization. business phone and contact person. Protide a summary of the wore to be performed by Proposer. Proposer must meet all requirements and. or criteria in Section 2.S, Minimum Qualification Requirements. and else\, here in the RFP. including, responding, to and the folio\\ in, information in Sections 4-8. and pro\ dinidima all documents as required. with Proposer's response to this RFP. Failure to comply with the above. maydeem 'our proposal non -responsive. 4. PROPOSER'S CENER 1I. EXPERIENCE, oL 11.IFIC 1TIO\S, \\ln P 1ST PERFORM 1\CF I. Describe the Proposers pat performance and experience. and state the member of \ .ors that the Proposer has Pace 4l of 46 Request for Proposals t RF PI "" 3N2 t.:e current nutl:ller of empl+rt-e-es and the priillar. market son ed. Indicate %%hether the C ir• has a'.L:II-.ied :1 contract to the Proposer. - - experience. and er'edentials that demonstrate Pro poser s ;lhlliC: to perform .a... er must.learl\ llescribe its qualifications and experience In the pro%isio+n of 9..,: financial lending inndustry. include lasscussiCln of experience e in specific feId i" .•� ;!. Include any and all licenses and certifications held. 3. pros. ide a list _ _. _. :''.:) aridor public ei:titles. or similar size or greater to the City of Tsars (City ). that the Proj'!rQr has hr , , Id _. , ttlttn.Cir loan pr o t rani to 01 er the last t:S e (5) years. 4, P: ,rser shaT.1 ',i'.St',. at least three 13, rererences to sil,r'.% eL Iden.e of qualifications and pre%lobs experience. R.:_- Past P:;• `'mane. E'..11urio'n t)t:est:,rl:nair:'. and submit as instructed. Ord% pro%ide references for _ .__.. • r public entities other than the City. References are subject to 'verification by the C ir1' as Dart of the esalli.riots sl` Ce S _ . S'..a:. v. hat uniquely qualifies the Proposer to pro%ide the type of sery ices re.ltiested herein. t', 1 l:i> the Proa" ._'s.r eL or failed to complete anv sen ices and or deli% er: or products klur in_? the last three 43) _years.' [=Les. speeit. d.!.l:Is in an aa,l.heL1written response. Descri_`e an: .:._rent or pendip i 111.1_ atioll or proceedll'.g in%olr-in l Proposer-. its partners. nlarr:l acYi. other hay staff members. and its professional aetl•. ities or performance. if :applicable. State the nature of the Ilfi'.ation. a brief dcscri'tion of eaeh case. the oti`.onle or projected outcome. and the monetary amounts in%olved. N. Is the Prop,,ser depende.t! ..`I: a;' o'li,_,- 1i.t•'.Jntra.tor or any ot: er husrnes; relationship in order to pro% Ede the sear' ice; irl.lt.ded it this solicitation. I; so. please describe in detail. a1 List names and title of each principal. ow net. officer. and major shareholder. 5. PROPO'FR'ti PFRari\\F1 1\17 St'BCf\TR kCTOR'ti #TIn\S 1\D F\PFR1f:\C'E, IV 1)1\(, I4.R'f\\F1.OFSI, RCO\TR,1CTOR I. Pros. de an organizational chart s;lo".LMa the Project Main. er and all key personnel: to be as ianed to this project c.sI'.rr.ict. tl e chart rrlist clear)', identify Pro poser's emplotees and those of else subcontractor. and shall include the ''_'rfor:i ed by the hey personnel. All key personnel includes all partners. seniors. and outer ?'that tvi11 perform LL ork and or sen ices on this project. 2. Oes.r'i:be the qualifications and releLant experience of the Proposer's Protect Manaaer and ail key staff that are intended for be assi ned to this project. I. -lit Kea .)embers of proposed team who 1L I I l pro ide professional. customer serL ice and or technical support sen ice: on this contract. Include: Page 42 of 4r, Re..quest for Proposals IRFP1 72..3\2 a name. 1cyi, title and number of Lears OIson ice with your Qr ianization: b) resti^'.c. includin! indiY 1dtL1li qualifications and releY ant experience: and c) location of the office they h ill he 1tcrkina from. 3. Descril'e the qualifications of the Project \l.li'a!er includiIl2 the Proposers lkeY. personnel and those of sub. tlntracto s w °: i tc ill be ai )F^eel to this Contract. Provide resume and job descriptionTer the Project \I.inaeer. 6. PRfP(1,;;ED ()1 FR 11.I 1PPR() 1(14 1\1) \1F1"I4flI)(l1 fl ;i To Pi: RFOR\11\(: TIIE SF.R\ ICES 1. Exi'11Ir the t.lrcd.1r.1 int:reit r_. . ".err the proeraI . This niu:t be the cila,-.:,1 for any employee and Ilattit be based on :1 iia'hl Explain any and all fees that are r:,',poI:s f''!1it:. the employee. Inclucan_t an:, apl'iication fees, processing fees. etc. _. Explain the minimum re.:;':remelt, for ar e!i'r io'. ee k) aeCtir: a loan. Specifically address: i. Tenure ii. III. Other financial obi i.a tors of the employee: and f.'..4oi, an :n;,',• : ea:l he declined for a loan. 4. Explain the length of leans. repayment ent term. or other limitations. etc. ,. Indicate and exr1114i if i:'ci'. 1? a l!`ce; rat adjustment based on elll;1lo%ee s credit satin,'" (. Explain I'rc ce.* f. applicant to apniy for a loan. Include Copy of application. time for processina. and any other relet ant details for e urin_T a loan. 1` hat 11:a:: i tlS ser. fCei does the Pr,Toser prJt ide support to non -End luh sOea.,.lr 111d h 'arlil_r impaireJ caller+.' 2. 1 1PLFN1E\T.1TIO\ AM) MANAGEMENT OF PROGRAM: 1. Describe any financial education outreach and or literacy training [lie Proposer will prof ide to City employees and the community. 2. Explain an. proposed funds for a specific City. in\oltement proe.rant las defined h: the City-) i.e. Wellness fund. financial ,fellness.. benefit related. etc. Pj`_Te 43 of 46 Request for Proposals fRFPi _ _ 3s2 _ 3. Describe the Loan Pro.4rarn's implementation ation plan of and interaction with the City employees. 7. FIN l\CI alp I. Proposer shall submit a detailed schedule of payment and interest rate. as part of the Propt'sal Submittal. Failure to submit a Financial Proposal shall deem our Proposal Submittal non-r'esfloItii%e. 2. Submit Proposel's most recent ceni:'Ied business fh anci i statements as of date not earner that the end of the f rt'lposer's precedin4 official tax aet;t}tll'.tin ; period. licenser with a statement in 44ritii1!, signed b.., ball` authorized represeriari'•. e stating filar tie present financial condition is materially the same as that shown on the balance sheet and income statement sti''.'n:irted, or with an explanation for a material chance in the financial condition. Include an auditor's tin.itialiLied opini.'1n and appropriate notes to financial statement }Please refer to Section p. of'the RFf I. t. 1.0 ‘\ RATE IN FORA, kTIO\ . The Proposer shall submit a Price Proposal that math contain sufficient information to allow Procurement to perform a basic fl'.:IKet comparison or submitted percenta`ee rate. This iil:omiathiii shall include the amounts of the basic elements of the proposed i'ercenta.;e. These elements 44ill Include_ as applicable. direct labor. fringe benefits. indirect cot; :Ind rate. fee. and profit. 2. Proposer shall submit a detailed table demonstrating loan payback information. 9. IO(' U. PRE FERS\(F. I. Refs to Ciry of .\li;iini Local Ot'ti.e Certification Form on the (leader Section of this Solicitation and submit as instructed. Fir n..s 441t.: sta:: d and fixed principal place of business location alit„ a keri: alai strut address that i loaa;ed within the corporate limits of the City. for a minimum of twelve 112i months. immediately prccedlntrt the date proposals were r= 14etf Pace 44 of 4o Request for Proposals iR FP -2 -3 s2 5. Evaluation Criteria 3.1. EVALUATION CRITERI.% Proposals will be r.e,. iew ed to determine the proposal is responsi%e to the submission requirements outlined in this Colicitation. A responsb. 0 proposal i one kl.hich follok‘s the requirements of this Solicitation. includes. all cl.imentation. is submitted in t.h, rormat ouclined in this Solicitation. is of timel:. submission. and 11.i.!; the skmatures as required. Failure to compl . may result in the Proposal being deemed non-responsi\c. lt1 hee a1,1,1,1"0.-LI and ranked tr,. Jr. EkllUatii)11 Selection Committee iComniittee based on criteria and Th.: Cvn: t: i keconirri of -appropriate Cit•;personnel anti'. tronil,ers of •.\ everience and or krto,.‘1,2LLte. The criteria are itemized ith (-1r ral o;ore. I'.tndre j Ii rtiu rer Coiniritt2e niir. it Fi\e i 5 ; n.al porn.: adti.,%! f.+1- Local Pc.27:01.21'...:e.. if applicable. Technical Criteria and Points: TEC/INIC.kL CRITERIA: 1.Prt..,poser's General Everien,:e. and Past Performaa,:e. 2. Proposers Pers.sim.:! and Sal.lcont:actor's aril Qualifications and Exr,frience. including P.-...rsorinel Subi.:ontraJor 3.Pn,pcsed CP. era I: ..A.pproach and \ l:!'.'.odolo.).y to Performina the Ser\ ices 4. INI;11,:-:•.-2r,lat-P, in and Nfar...1.2em.er.t or Pram 5. Financial Capability PRICE CRITERIA: Loan Rate TOT.AL: 100 2) Points 15 Points 15 Poiat, 20 Piiints 20 Points 10 Point. Local Office: 5.2 ORAL PRESENTATIONS Upon completion or the technical and price el, aluation indicated above. ratin.2 and rankimz. the Committee may choose to conduct an oral presentation with the Proposensi which the Committee deems to warrant further consideration. based on the hi.ahest ranked proposalt s) providing the hiuhest o1 son, ice to the City. sianiticant breaks in s.:•orin.L and or maintaining competition. Upon completion of the oral presentation the Palle 45 or-th Request for Proposals 1 RFP 1 Committee ti411 re-eL'.ilu'at„, re-r:it.. and re -rank the proposals rernainin.. in consideration. based upon the %%ripen documents conlbinecl L\ ith rh Ora! presentation. Price E aluati .m The Prig pr p l,al Lt ill be ekaltlated ;ubjecti'.ely in combination with the technical proposal. includin= an aluatPon t ho'.1''aell it niat.'he' Proposer's tlnderstandin 2 cat the (It'.'i needs described in the solicitation. the Propo er's as.aa ;:p tioni.:a:1, d.. the '..due or the proposed ier\ ices, The prt.:ln_ CLalllation is used as part of the e1 alua'Ior.. pr+cess to l:e'_7i-..1".J t17. 111__the,;t ranked Proposer. The Cit:. reser\ es the ri.aht to Ile.aotiat the final terms. c ndliLi ni ACtI pri:In ' i t I.'_' .:cntract- as Ilh:1L be in the belt interest of the City. Local ()tiftii`: Pur.iii ant G' Cat: Code. 'P', includes 1 tr. e per.:ellt 15 rl evaluation Criteria In tin or of r ,p err lt;: L mains r tl I, cal l'i:ic as defined in Section I *.1: _ P:1'se 46 or 46