HomeMy WebLinkAboutExhibit - PSA - Urban Group IncCity of ia Florida Contract No, RFQ 762383
PROFESSIONAL SERVICES AGREEMENT
13y and Between
TheCiW of Miami, Florida
And
CONSULTANT
This Professional Services Agreement ("Agreement") is entered into this day of
, 2018 by and between the City of Miami, a municipal corporation of the State of Florida,
whose address is 444 S.W. 2' Avenue, Miami, Florida 33130 ("City"), and, The Urban Groui, Inc, a
corporation, qualified to do business in the State of Florida whose principal address is 1424 S Andrews
Avenue, Suite 200, Ft. Lauderdale FL 333 6, hereinafter referred to as the ("Consultant),
RECITALS:
WHEREAS, the City of Miami ("the City") issued a Request for Qualifications ("RFQ") No. 762383
on November 29, 2017 (the "RFQ" attached hereto, incorporated hereby, and made a part of as Exhibit
A) to add Appraisers to the pool of pre -qualified consultants ("Pool") for the provision of General Appraisal
Services, for the City of Miami's Department of Real Estate and Asset Management ("DREAM").
Consultant's proposal ("Proposal"), attached hereto, incorporated hereby, and made part of hereof as
Exhibit B), in response thereto, has been selected as a qualified proposal for the provision of the Services.
WHEREAS, the Consultant has offered to participate in the City's General Appraisal Services
Pool for the purposes of providing general appraisal services to the City that shall conform to the Scope
of Services; City's Request for Qualifications (RFQ No. 762383), and all associated addenda and
attachrnents, incorporated herein by reference, any Work Orders issued as a result of this Agreement,
and the requirements of applicable laws, regulations and of this Agreement; and
WHEREAS, the Evaluation/Selection Committee appointed by the City Manager determined that
the Proposal submitted by the Consultant was responsive to the RFQ requirements and recommended
that the City Manager approve the inclusion of the Consultant in the Pool, and negotiate price with the
General Appraisal Services 'original contract RFQ 498330)
City of Miami, Florida Contract No, RFQ 762383
Consultant at the Work Order stage; and
WHEREAS, the City and the Consultant desire to enter into this Agreement under the terms and
conditions set forth herein.
NOW, THEREFORE, in consideration of the mutual! covenants and promises herein contained,
Consultant and the City agree as follows;
TERMS:
1 RECITALS AND INCORPORATIONS; DEF NITIONS;
The recitals are true and correct and are hereby incorporated into and made a part of this
Agreement as if fully set forth herein. The City's RFQ is hereby incorporated into and made a part of this
Agreement and attached hereto as Exhibit "A". The Services and Scope of Work are hereby incorporated
into and made a part of this Agreement and attached as Exhibit 13". The Consultant's Response and
Price Schedule, dated January 4, 2018 in response to RFQ 762383, is hereby incorporated into and
made a part of this Agreement as attached Exhibit "C". The Consultant's Insurance Certificate is hereby
incorporated into and made a part of this Agreement as attached Exhibit "ID", The order of precedence
whenever there is conflicting or inconsistent language between documents is as follows in descending
order of priority: (1) Professional Services Agreement ("PSA") (2) Addenda/Addendum to the RFQ, if any;
(3) RFQ; and (4) Consultant's response and Price Schedule, dated January 4, 2018 acknowledging
scope of services and pricing component of services and, response to the Request for Proposals.
2. CONTRACT TERM:
The Proposer(s) qualified to provide service(s) requested herein ("the Successful Proposer(s)")
shall be required to execute a contract ("the Contract") with the City, which shall include, but not limited
to, the following terms:
A. The terrn of the original Contract(s) awarded shall be two (2) years with an option to renew
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General Appraisal Services (original contra:1. RFQ 498:330)
City of Mia , Florida Contract No. RFQ 762383
for three (3) additional one (1) year periods. Notwithstanding the foregoing, the Contract term for the
added Vendors will' be concurrent with the term of the originally solicited and awarded contract.
B. The City shall have the option to extend or terminate the Contract. Continuation of the
contract beyond the initial period is a City prerogative; not a right of the Proposer. This prerogative will
be exercised only when such continuation is clearly in the best interest of the City.
WORK ORDER TERM:
Work Orders shall expire as stated on each individual Work Order issued under this Agreement,
and may extend past the expiration of this Agreement. The provisions of any specific Work order which
commences prior to the termination date of this Agreement and which will extend beyond said termination
date shall survive the expiration or termination thereof.
4. SCOPE OF SERVICES:
A. Consultant agrees to provide the Services as specifically described, and under the special
terms and conditions set forth in Exhibits "A" and "B" hereto, which by this reference is incorporated
into and made a part of this Agreement.
B. Consultant represents to the City that: (i) it possesses all qualifications, licenses,
certificates, authorizations, and expertise required for the performance of the Services, including but not
limited to full qualification to do business in Florida inclusive of the fact that Consultant must be a certified
"Certified Real Estate Appraiser" or "Licensed Real Estate Appraiser" or any abbreviation or words
to that effect, to issue an appraisal report, unless such Consultant is, certified, licensed, or registered by
the State of Florida Department of Business and Professional Regulation under Chapter 475, part II,
Florida Statutes entitled "Appraisers" ; (ii) it is not delinquent in the payment of any sums due the City,
including payment of permits, fees, occupational licenses, contract or bond claims etc., nor in the
performance of any obligations or payment of any monies to the City; (iii) all personnel assigned to
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Genenil .Appraisal Services (original contnict RFQ 498330)
City of Mia 1, Florida Contract No. RFQ 762383
perform the Services are and shall be, at all times during the term hereof, fully qualified and trained to
perform the tasks assigned to each; (iv) the Services will be performed in the manner described in Exhibit
"A"; and (v) each person executing this Agreement on behalf of Consultant has been duly authorized to
so execute the same and fully bind Consultant as a party to this Agreement.
C. Consultant shall always provide fully qualified, competent, and physically capable
employees to perform the Services under this Agreement. Consultant shall possess and maintain any
required licenses, permits and certifications to perform the Services under this Agreement. City may
require Consultant to remove any employee the City deems careless, incompetent, insubordinate,
intoxicated on the job, or otherwise objectionable and whose continued services under this Agreement is
not in the best interest of the City.
5. COMPENSATION:
A. The amount of compensation payable by the City to the Consultant for all Work and
Services performed under this Agreement, includes all costs associated with such Work and Services,
and shall be as stated in each individual Work Order to this Agreement, shall be based on the not to
exceed rates quoted in Exhibit "C" hereto, which by this reference is incorporated into and made a part of
this Agreement. The City shall have no obligation to pay the Consultant any additional sum in excess of
this amount set forth in each Work Order, except for a change and/or modification to the Agreement, which
is approved and executed in writing by the City and the Consultant, or a change and/or modification to a
work Order which is approved and executed in writing by the City. All Services undertaken by the
Consultant before City's approval of this Agreement and any subsequent Work order shall be at the
Consultant's risk and expense. Payment shall be made in arrears based upon work performed to the
satisfaction of the City within forty-five (45) days after receipt of Consultant's invoice for Services
performed, which shall be accompanied by sufficient supporting documentation and contain sufficient
detail, to allow a proper audit of expenditures, should the City require one to be performed. Invoices shall
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General Appraisal Services (original contract RFQ 498330)
City of Miami, Florida Contract No. RFQ 762383
be sufficiently detailed so as to comply with the "Florida Prompt Payment Act", §218.70. -218.79, Florida
Statutes, and other applicable laws. No advance payments shall be made at any time.
B. Consultant agrees and understands that (i) any and all subcontractors providing Services
related to this Agreement shall be paid through Consultant and not paid directly by the City, and (ii) any
and all liabilities regarding payment to or use of subcontractors for any of the Services related to this
Agreement shall be borne solely by Consultant and not be a debt or default of the City The City only has
privity of contract with the named Consultant.
6. OWNERSHIP OF DOCUMENTS:
Consultant understands and agrees that any information, document, report, data or other digital
record, or any other material whatsoever which is given by the City to Consultant, its employees, or any
sub Consultant, or which is otherwise obtained or prepared by Consultant solely and exclusively for the
City pursuant to or under the terms of this Agreement, is and shall always remain the property of the
City. Consultant agrees not to use any such information, document, report, data, or material for any other
purpose whatsoever without the written consent of the City Manager, which may be withheld or
conditioned by the City Manager in his/her sole discretion. Consultant is permitted to make and to
maintain duplicate copies of the files, records, documents, etc. if Consultant determines copies of such
records are necessary after the termination of this Agreement; however, in no way shall the confidentiality
as permitted by applicable laws be breached. The City shall maintain and retain ownership of any and all
documents which result upon the completion of the work and Services under this Agreement as per the
terms of this Section 5.
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Genet -al Appraisal Set -vices (original contract RFQ 498330)
City of Miami, Florida Contract No. RFQ 762383
7. AUDIT AND INSPECTION RIGHTS AND RECORDS RETENTION:
A. Consultant agrees to provide access to the City or to any of its duly authorized
representatives, to any books, documents, papers, and records of Consultant which are directly pertinent
to this Agreement, for the purpose of audit, examination, excerpts, and transcripts. The City may, at
reasonable times, and for a period of up to three (3) years following the date of final payment by the City
to Consultant under this Agreement, audit and inspect, or cause to be audited and inspected, those
books, documents, papers,and records of Consultant which are related to Consultant's performance
under this Agreement. Consultant agrees to maintain all such books, documents, papers, and records at
its principal place of business in Miami -Dade County, or its local office in Miami -Dade County or to
otherwise make them available in Miami -Dade County for a period of three (3) years after final payment
is made under this Agreement and all other pending matters are closed. Consultant's failure to adhere
to, or refusal to comply with, this condition shall result in the immediate cancellation of this Agreement by
the City.
B. The City may, at reasonable times during the term hereof, inspect the Consultant's
facilities and perform such tests, as the City deems reasonably necessary, to determine whether the
goods or services required to be provided by Consultant under this Agreement conform to the terms
hereof. Consultant shall make available to the City all reasonable facilities and assistance to facilitate the
performance of tests or inspections by City representatives. All audits, tests and inspections shall be
subject to, and made in accordance with, the provisions of Sections 18-100, 18-101, and 18-102 of the
Code of the City of Miami, Florida ("City Code"), which Sections apply to this Agreement, as same may
be amended or supplemented, from time to time.
8. AWARD OF AGREEMENT:
Consultant represents and warrants to the City that it has not employed or retained any person
or company employed by the City to solicit or secure this Agreement and that it has not offered to pay,
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General Appraisal Services (oi ginal contract RFQ 498330)
City of Miam,Florida
Contract No, RFQ 762383
paid, or agreed to pay any person any fee, comrnisson, percentage, brokerage fee, or gift of any kind
contingent upon or in connection with, the award of this Agreement.
9. PUBLIC RECORDS:
A. Consultant understands that the public shall have access, at all reasonable times, to all
documents and information pertaining to City Agreements, subject to the provisions of Chapter 119,
Florida Statutes, and agrees to allow access by the City and the public to all documents subject to
disclosure under applicable laws. Consultant's failure or refusal to comply with the provisions of this
section shall result in the immediate cancellation of this Agreement by the City.
B. Consultant shall additionally comply with Section 119.0701, Florida Statutes, including
without limitation: (1) keep and maintain public records that ordinarily and necessarily would be required
by the City to perform this service; (2) upon request from the City's custodian of public records, provide
the City with a copy of the requested records or allow the records to be inspected or copied within a
reasonable time at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes, or as
otherwise provided by law; (3) ensure that public records that are exempt or confidential and exempt from
public records disclosure requirements are not disclosed except as authorized by law for the duration of
the contract term and following completion of the Agreement if the Consultant does not transfer the
records to the City; (4) upon completion of the Agreement, transfer, at no cost, to the City all public
records in possession of the Consultant or keep and maintain public records required by the City to
perform the service, if the Consultant transfers all public records to the City upon completion of the
Agreement, the Consultant shall destroy any duplicate public records that are exempt or confidential and
exempt from public records disclosure requirements, if the Consultant keeps and maintains public records
upon completion of the Agreement, the Consultant shall meet all applicable requirements for retaining
public records, all records stored electronically must be provided to the City, upon request from the City's
custodian of public records, in a format that is compatible with the information technology systems of the
City.
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General Appraisal Services (original contract RFQ 498330)
City of Miami„ Florida Contract N'o, RFQ 762383
Should Consultant determine to dispute any public access provision required by Florida
Statutes, then Consultant shall do so at its own expense and at no cost to the City. IF THE CONSULTANT
HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO
THE CONSULTANT'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT,
CONTACT THE DIVISION OF PUBLIC RECORDS AT (305) 416-1800, VIA EMAIL AT
PUBLICRECORDSAMIAMIGOV,COM, OR REGULAR MAIL AT CITY OF MIAMI OFFICE OF THE
CITY ATTORNEY, 444 SW 2ND AVENUE, 9TH FL, MIAMI, FL 33130. THE CONSULTANT MAY ALSO
CONTACT THE RECORDS CUSTODIAN AT THE CITY OF MIAMI DEPARTMENT WHO IS
ADMINISTERING THIS CONTRACT.
10. COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS:
Consultant understands that agreements with focal governments are subject to certain laws
and regulations, including laws pertaining to public records, conflict of interest, record keeping, etc. City
and Consultant agree to comply with and observe all such applicable federal, state and local laws, rules,
regulations, codes,and ordinances, as they may be amended from time to time, Consultant further agrees
to include in ail of Consultant's agreements with sub Consultants for any Services related to this
Agreement this provision requiring sub Consultants to comply with and observe all applicable federal,
state, and local laws rules, regulations, codes, and ordinances, as they may be amended from time to
time. Local laws in accordance with this Section shalI mean the applicable laws of the City of Miami, and
Miami- Dade County.
11. INDEMNIFICATION:
Consultant shall indemnify, hold/ save harmless, and defend at its own costs and expense, the
City, City agencies and instrumentalities, their officials and employees from claims (collectively referred
to as "Indemniteesu) and each of them from and against all Toss, costs, obligations, penalties, liens, debts,.
judgments, fines, damages, punitive damages, claims, expenses (including attorney's fees) or liabilities
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General l Appra s& Sei
c nti cl RC"{ 491 330)
City of Miami, Florida Contract No, RFQ 762383
(collectively referred to as "Liabilities") by reason of any injury to or death of any person or damage to or
destruction or loss of any property arising out of, resulting from, or in connection with (I) the negligent
performance or non-performance of the Services contemplated by this Agreement (whether active or
passive) of Consultant or its employees or sub Consultants (collectively referred to as "Consultant") which
is directly caused, in whole or in part, by any act, omission, default or negligence (whether active or
passive or in strict liability) of the Indemnitees, or any of them, or (ii) the failure of the Consultant to
comply materially with any of the requirements herein, or the failure of the Consultant to conform to
statutes, ordinances, codes, rules, or other regulations or requirements of any governmental authority,
local, federal or state, in connection with the performance of this Agreement including, without limitation,
its subject matter , or failure of the Consultant to comply with a known standard of care in the rendition of
its services , even if it is alleged that the City, its officials and/or employees were negligent. Consultant
expressly agrees to indemnify, hold/ save harmless, and defend at its own costs and expense, the
Indemnitees, or any of them, from and against all liabilities which may be asserted by an employee or
former employee of Consultant, or any of its sub Consultants, as provided above, for which the
Consultant's liability to such employee or former employee would otherwise be limited to payments under
state Workers' Compensation, Unemployment Benefits, or similar laws. Consultant further agrees
indemnify, hold/ save harmless, and defend at its own costs and expense, the Indemnitees from and
against (i) any and all Liabilities imposed on account of the violation of any law, ordinance, order, rule,
regulation, condition, or requirement, related directly to Consultant's negligent performance under this
Agreement, compliance with which is left by this Agreement to Consultant, and (ii) any and all claims,
and/or suits for labor, materials, equipment, furnishings, and materials furnished by Consultant or utilized
in the performance of this Agreement or otherwise, Consultant's obligations to indemnify, indemnify, hold/
save harmless, and defend at its own costs and expense, the Indemnitees shall survive the
termination/expiration of this Agreement. Consultant understands and agrees that any and all liabilities
regarding the use of any sub Consultant for Services related to this Agreement shall be borne solely by
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General Appraisal Services (original contract RFQ 4)83
City of Miami, Florida Contract No, RFQ 762383
Consultant throughout the duration of this Agreement and that this provision shall survive the termination
or expiration of this Agreement, as applicable.
12. DEFAULT:
If Consultant fails to comply with any terrn or condition of this Agreement, or fails to perform in
any material way any of its obligations hereunder, and fails to cure such failure after reasonable notice
from the City, then Consultant shall be in default. Consultant understands and agrees that termination
of this Agreement under this section shall not release Consultant from any obligation(s) accruing prior to
the effective date of termination. Should Consultant be unable or unwilling to commence to perform the
Services within the time provided or contemplated herein, then, in addition to the foregoing, Consultant
shall be liable to the City for all expenses incurred by the City in preparation and negotiation of this
Agreement, as well as all costs and expenses incurred by the City in the re -procurement of the Services,
including consequential and incidental damages. If the City fails to comply with any term or condition of
this Agreement, or fails to perform in any material way any of its obligations hereunder, and fails to cure
such failure after reasonable notice from Consultant, the City shall be in default, which shall be treated
as a termination pursuant to Section 13.
13. RESOLUTION OF AGREEMENT DISPUTES:
Consultant understands and agrees that all disputes between Consultant and the City based upon
an alleged violation of the terms of this Agreement by the City shall be submitted to the City Manager for
his/her resolution, prior to Consultant being entitled to seek judicial relief in connection therewith. In the
event that the amount of compensation hereunder exceeds Twenty -Five Thousand Dollars and No/Cents
($25,000), the City Manager's decision shall be approved or disapproved, as applicable, by the City
Commission, whose decision shall be final. Consultant shall not be entitled to seek judicial relief,
recourse, remedy or to file a civil action unless: (i) it has first received City Manager's written decision,
approved or disapproved, as applicable, by the City Commission if the amount of compensation
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General Appraisal. Services (original contract RFQ 498330)
City of Miami, Florida Contract No, RFQ 762383
hereunder exceeds Twenty -Five Thousand Dollars and No/Cents ($25,000), or (ii) a period of sixty
(60) days has expired, after submitting to the City Manager a detailed statement of the dispute,
accompanied by all supporting documentation one hundred twenty (120) days if City Manager's decision
is subject to City Co mission approval); or (iii) City has waived compliance with the procedure set forth
in this section by a written instrument clearly waiving compliance, signed by the City Manager. In no event
may the amount of compensation under this Section exceed the total compensation set forth in
Section 4 (A) of this Agreement.
14. TERMINATION; OBLIGATIONS UPON TERMINATION:
A. The City, acting by and through its City Manager, shall have the right to terminate this
Agreement, in its sole discretion, and without penalty, at any time, by giving written notice to Consultant
at least thirty (30) calendar days prior to the effective date of such termination. In such event, the City
shall pay to Consultant compensation for Services rendered and approved expenses incurred prior to the
effective date of termination. In no event shall the City be liable to Consultant for any additional
compensation and expenses incurred, other than that provided herein, and in no event shall the City be
liable for any consequential or incidental damages. The Consultant shall have no recourse or remedy
against the City for a termination under this subsection except for payment of fees due prior to the
effective date of termination.
B. The City, by and acting through its City Manager, shall have the right to terminalte this
Agreement, in its sole discretion, and without penalty, upon the occurrence of an event of a material
breach hereunder, and failure to cure the same within thirty (30) days after written notice of default. In
such event, the City shall not be obligated to pay any amounts to Consultant for Services rendered by
Consultant after the date of termination, but the parties shall remain responsible for any payments that
have become due and owing as of the effective date of termination. In no event shall the City be liable to
Consultant for any additional compensation and expenses incurred, other than that provided herein, and
in no event shall the City be liable for any direct, indirect, special, consequential, or incidental da ages.
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General .Appraisal Services (original contract RFQ 498330)
City of Miami, Florida Contract No, RFQ 762383
15. INSURANCE:
A. Consultant shall, always during the term hereof, maintain such insurance coverage(s) as
may be required by the City. The insurance coverage(s) required as of the Effective Date of this
Agreement are attached hereto as Exhibit "D" and incorporated herein by this reference. The City
RFP number and title of the RFP must appear on each certificate of insurance. The Consultant shall
add the City of Miami as an additional insured to its commercial general and auto liability policies,
and as a named certificate holder on all policies. Consultant shall correct any insurance certificates as
requested by the City's Risk Management Administrator. All such insurance, including renewals, shall be
subject to the approval of the City for adequacy of protection and evidence of such coverage(s) and
shall be furnished to the City Risk Management Administrator on Certificates of Insurance indicating such
insurance to be in force and effect and any Certificate of Insurance will be provided. Completed
Certificates of Insurance shall be filed with the City prior to the performance of Services hereunder,
provided, however, that Consultant shall at any time upon request file duplicate copies of the Certificate
of Insurance with the City.
B. Consultant understands and agrees that all liabilities regarding the use of any of
Consultant's employees or any of Consultant's sub Consultants for Services related to this Agreement
shall be borne solely by Consultant throughout the term of this Agreement and that this provision shall
survive the termination of this Agreement. Consultant further understands and agrees that insurance for
each employee of Consultant and each sub Consultant providing Services related to this Agreement shall
be maintained in good standing and approved by the City Risk Management Director throughout the
duration of this Agreement
C. Consultant shall be responsible for assuring that the insurance certificates required under
this Agreement remain in full force and effect for the duration of this Agreement, including any extensions
hereof, lf insurance certificates are scheduied to expire during the term of this Agreement and any
extension hereof, Consultant shall be responsible for submitting new or renewed insurance certificates
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General. Appraisal Services (originaP, contract RFQ 4.98330)
City of Miami, Florida Contract No, RFQ 762383
to the City's Risk Management Administrator as soon as coverages are bound with the insurers. In the
event that expired certificates are not replaced, with new enewed certificates which cover the term of
this Agreement and any extension thereof:
(i) the City shall suspend this Agreement until the new or renewed certificate(s) are
received in acceptable form by the City's Risk Management Administrator; or
(ii) the City may, at its sole discretion, terminate the Agreement for cause and seek re -
procurement damages from Consultant in conjunction with the violation of the terms and
conditions of this Agreement.
D. Compliance with the foregoing requirements shall not relieve Consultant of its liabilities
and obligations under this Agreement.
16. NONDISCRIMINATION:
Consultant represents to the City that Consultant does not and will not engage in discriminatory
practices and that there shall be no discrimination in connection with Consultant's performance under
this Agreement on account of race, color, sex, religion, age, handicap, marital status, or national origin.
Consultant further covenants that no otherwise qualified individual shall, solely due to his/her race, color,
sex, religion, age, handicap, marital status, or national origin, be excluded from participation in, be denied
services, or be subject to discrimination under any provision of this Agreement.
17. ASSIGNMENT:
The Consultant's services are considered specialized and unique. This Agreement shall not be
assigned, sold, transferred, pledged, or otherwise conveyed by Consultant, in whole or in part, and
Consultant shall not assign or otherwise subcontract any part of its operations performing these services
under this Agreement, without the prior written consent of the City Manager, which may be withheld or
conditioned, in the City Manager's sole discretion.
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General Appraisal Services (anginal Cori-aci RFQ .498.330)
City of 'a Florida Contract No. RFQ 762383
18. NOTICES:
All notices or other communications required under this Agreement shall be in writing and shall
be given by hand -delivery or by registered or certified U.S. Mail, return receipt requested, addressed to
the other party at the address indicated herein or to such other address as a party may designate by
notice given as herein provided. Notice shall be deemed given on the day on which personally delivered;
or, if by mail, on the fifth day after being posted or the date of actual receipt, whichever is earlier.
TO CONSULTANT:
The Urban Group, Inc.
1424 S Andrews Avenue
Suite 200
Fort Lauderdale, FL 33316
Attention: Robert D. Miller
TO THE CITY OF MIAMI:
Emilio T. Gonzalez, Ph.D.
City Manager
444 SW 2nd Avenue, 10" Floor
Miami, FL 33130-1910
Annie Perez, CPPO
Procurement Director
444 SW 2nd Avenue, 6' Floor
Miami, FL 33130-1910
Victoria Mendez
City Attorney
444 SW 2nd Avenue, 9th floor
Miami, FL 33130-1910
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General Appraisal Services (orginal contract RFQ 498330)
City of Miami, Florida Contract No. RFQ 762383
19, MISCELLANEOUS PROVISIONS:
A. This Agreement shall be construed and enforced according to the laws of the State of
Florida. Venue in any proceedings between the parties shall be in Miami -Dade County, Florida. Each
party shall bear its own attorney's fees. Each party waives any defense, whether asserted by motion or
pleading, that the aforementioned courts are an improper or inconvenient venue. Moreover, the parties
consent to the personal jurisdiction of the aforementioned courts and irrevocably waive any objections to
said jurisdiction. The parties irrevocably, knowingly and voluntarily waive any rights to a jury trial in any
action or proceeding between them arising out of this Agreement.
B. No waiver or breach of any provision of this Agreement shall constitute a waiver of any
subsequent breach of the same or any other provision hereof, and no waiver shall be effective unless
made in writing.
C. Should any provision, paragraph, sentence, word or phrase contained in this Agreement
be determined by a court of competent jurisdiction to be invalid, illegal or otherwise unenforceable under
the laws of the State of Florida or the City of Miami, such provision, paragraph, sentence, word or phrase
shall be deemed modified to the extent necessary in order to conform with such laws, or if not modifiable,
then the same shall be deemed severable, and in either event, the remaining terms and provisions of this
Agreement shall remain unmodified and in full force and effect or limitation of its use.
D. Consultant shall comply with all applicable laws, rules, and regulations in the performance
of this Agreement, including but not limited to licensure, and certifications required by law for professional
service Consultants.
E. No modification or amendment hereto shall be valid unless in writing and executed by
properly authorized representatives of the parties hereto. Except as otherwise set forth in Section 2
above, the City Manager shall have the sole authority to extend, amend, or odify this Agreement on
behalf of the City.
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General Appraisal Services (original contract RFQ 498330)
City of Miami, Florida Contract No. RFQ 762383
F. Nothing contained in this Agreement is any way intended to be a waiver of the limitation
placed upon the Indemnitees' liability as set forth in Chapter 768, Florida Statutes (2017). Additionally,
the Indemnitees do not waive sovereign immunity, and no claim or award against the Indemnitees shall
include attorney's fees, investigative costs or pre -judgment interest.
20. SUCCESSORS AND ASSIGNS:
This Agreement shall be binding upon the parties hereto, their heirs, executors, legal
representatives, successors, or assigns, if any.
21. INDEPENDENT CONSULTANTS:
Consultant has been procured and is being engaged to provide Services to the City as an
independent Consultant, and not as an agent or employee of the City. Accordingly, neither Consultant,
nor its employees, nor any sub Consultant hired by Consultant to provide any Services under this
Agreement shall attain, nor be entitled to, any rights, emoluments, or benefits under the Civil Service or
Pension Ordinances of the City, nor any rights afforded classified or unclassified employees of the City.
Consultant further understands that Florida Workers' Compensation benefits available to employees of
the City are not available to Consultant, its employees, or any sub Consultant hired by Consultant to
provide any Services hereunder, and Consultant agrees to provide or to require sub Consultant(s) to
provide, as applicable, workers' compensation insurance for any employee or agent of Consultant
rendering Services to the City under this Agreement. Consultant further understands and agrees that
Consultant's or sub Consultants' use or entry upon City properties shall not in any way change its or their
status as an independent Consultant.
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General Appraisal Services (migina I contract RE), 498330)
City of Florida Contract No. RFQ 762383
22. CONTINGENCY CLAUSE:
Funding for this Agreement is contingent on the availability of funds and continued authorization
for program activities and the Agreement is subject to amendment or termination due to lack of funds,
reduction of funds, failure to allocate or appropriate funds, and/or change in program direction, applicable
laws or regulations, upon thirty (30) days written notice.
23. FORCE MAJEURE:
A. "Force Majeure Event" shall mean an act of God, act of governmental body or military
authority, fire, explosion, power failure, flood, storm, hurricane, sink hole, other natural disasters,
epidemic, riot or civil disturbance, war or terrorism, sabotage, insurrection, blockade, or embargo not
within the control of the Consultant. In the event that either party is delayed in the performance of any
act or obligation pursuant to or required by the Agreement because of a Force Majeure Event as
herein defined, the time for required completion of such act or obligation shall be extended by the
number of days equal to the total number of days, if any, that such Force Majeure Event actually delay
such party, The party seeking delay in performance shall give notice to the other party in writing, within
two (2) days of the Force Majeure Event, specifying the anticipated duration of the delay, and if such
delay shall extend beyond the duration specified in such notice, additional notice shall be repeated no
less than monthly so long as such delay due to a Force Majeure Event continues. Any party seeking
delay in performance due to a Force Majeure Event shall use its best efforts to rectify any condition
causing such delay and shall cooperate with the other party to overcome any delay that has resulted.
17
Genend Appraisal .Services (original. con.tract R,IFQ. 49.8330).
City of Miami, Florida Contract No. RFQ 762383
24. CITY NOT LIABLE FOR DELAYS:
Consultant hereby understands and agrees that in no event shall the City be liable for, or
responsible to Consultant or any sub Consultant, or to any other person, firm, or entity for or on account
of, any stoppages or delay(s) in work herein provided for, or any damages whatsoever related thereto,
because of any injunction or other legal or equitable proceedings or on account of any delay(s) for
any cause over which the City has no control. The sole remedy which may be granted to the
Consultant, in the reasonable discretion of the City Manager, foliowing a prompt and detailed request
to be officially transmitted by the Consultant is an extension of time. No other recourse or remedy will
be available to the Consultant against the City.
25. USE OF NAME:
Consultant understands and agrees that the City is not engaged in research for advertising, sales
promotion, or other publicity purposes. Consultant is allowed, within the limited scope of normal and
customary marketing and promotion of its work, to use the general results of this project and the name
of the City. The Consultant agrees to protect any confidential information provided by the City and will
not release information of a specific nature without prior written consent of the City Manager or the City
Cornmission.
26. NO CONFLICT OF INTEREST:
Pursuant to Section 2-611 of the City Code, regarding conflicts of interest, Consultant hereby
certifies to the City that no individual member of Consultant, no employee, and no sub Consultant under
this Agreement nor any immediate family member of any of the same is also a member of any board,
commission, or agency of the City. Consultant hereby represents and warrants to the City that throughout
the term of this Agreement, Consultant, its employees, and its sub Consultants will abide by this
prohibition of the City Code,
18
General Appraisal Services (original contract RFQ. 498330)
City of Mam, Florida Contract No, RFQ 762383
27. NO THIRD -PARTY BENEFICIARY:
No persons other than the Consultant and the City (and their successors and assigns) shall have
any rights as an express or implied third -party beneficiary whatsoever under this Agreement.
28. SURVIVAL:
All obligations (including but not limited to indemnity and obligations to defend, save and hold
harmless) and rights of any party arising during or attributable to the period prior to expiration or earlier
termination of this Agreement shall survive such expiration or earlier termination.
29. TRUTH -IN -NEGOTIATION CERTIFICATION, REPRESENTATION AND WARRANTY:
Consultant hereby certifies, represents and warrants to the City that on the date of Consultant's
execution of this Agreement, and so long as this Agreement shall remain in full force and effect, the
wage rates and other factual unit costs supporting the compensation to Consultant under this Agreement
are and will continue to be accurate, complete, and current. Consultant understands, agrees, and
acknowledges that the City shall adjust the amount of the compensation and any additions thereto to
exclude any significant sums by which the City determines the contract price of compensation hereunder
was increased due to inaccurate, incomplete, or non -current wage rates and other factual unit costs. All
such contract adjustments shall be made within one (1) year of the end of this Agreement, whether
naturally expiring or earlier terminated pursuant to the provisions hereof.
19
General Appraisal Services (original contract RFQ 498330)
City of Miami, Florida Contract No, RFQ 762383
30. COUNTERPARTS:
This Agreement may be executed in three or more counterparts, each of which shall constitute
an original, but all of which, when taken together, shall constitute the same agreement.
31. ENTIRE AGREEMENT:
This instrument and its attachments constitute the sole and final agreement of the parties relating
to the subject matter hereof and correcUy set forth the rights, duties, and obligations of each to the other
as of its date. Any prior agreements, promises, negotiations, or representations not expressly set forth in
this Agreement are of no force or effect.
20
Genen0 Appmisa. Services (original contract RFQ 498330)
City of Miami, Florida Contract No. RFQ 762383
IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed
by their respective officials thereunto duly authorized, this the day and year above written.
"City"
CITY OF MIAMI, a municipal
ATTEST: corporation
By:
Todd B. Hannon, City Clerk Emilio T. Gonzalez, Ph.D,, City Manager
"Consultant"
ATTEST: The Urban Group, Inc. , a
for -profit corporation
Print Name: Robert D, Miller
Title: Vice President
(Corporate Seal)
By:
Print Name: Howard W. Steinholz
Title: President
(Authorized Corporate Officer)
APPROVED AS TO LEGAL FORM APPROVED AS TO INSURANCE
AND CORRECTNESS REQUIREMENTS
Victoria Mendez
City Attorney
21
Ann -Marie Sharpe
Risk anagement Director
General Appraisal Services original cc ract 3
8-360/Februar) 15, 2018
City of Miami, Florida Contract No, RFQ 762383
CORPORATE RESOLUTION
(This Resolution must authorize the signatory to sign)
WHEREAS, The Urban Group, Inc. ., a Florida for profit
corporation, desires to enter into an agreement with the City of Miami for the purpose of
performing the work described in the contract to which this resolution is attached; and
WHEREAS, the Board of Directors at a duly held corporate meeting has considered the
matter in accordance with the bylaws of the corporation;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS that this
corporation is authorized to enter into the Agreement with the City, and the President and the
Secretary are hereby authorized and directed to execute the Agreement in the name of this
Corporation and to execute any other document and perform any acts in connection therewith
as may be required to accomplish its purpose,
IN WITNESS WHEREOF, this 20th day of February, 2018
By:
The U ban Group, Inc.
("Consultant")
Florida (State) Corporation
(sign)
Print Name: Howard W. Steinholz
TITLE: President
(sign)
Print Name: Robert D. er
22
General' Appraisal Services (original con met RFQ 498330)
18-360/Fdrliary 15, 201K
City of Miami, Florida Contract No, RFQ 762383
EXHIBIT A
RFQ No. 762383
A.ppk-L'.tisal Set': il,2,2ti C(inilaCt RE) 498,310)
City of Miami
Procurement Department
Miami Riverside Center
444 SW 2,10 Avenue, 61h Roor
Miami, Florida 33130
Web Site Address, wwI mioniiqov.comiprocurement
Number:
Title:
Issue Date/Time:
Closing 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:
Hard Copy Submittal Location:
Contracting Officer E-Mail Address:
Contracting Officer Facsimile:
762383
Request for Qualifications to add
members to General Appraisal Services
Pool
29-NOV-2017
03-JAN-2018 @ 14:00:00
None
Wednesday December 6th, 2018 9:00 AM
McLaren, Richard
City of Miami - City Clerk
3500 Pan American Drive
Miami FL 33133 US
RMcLaren@miarnigov.com
305-400-5104
Page 11 of 40
Certification Statement
Please quote on this form, if applicable, net prices for the item(s) listed. Return signed original and
retain a copy for your files. Prices should include all costs, including transportation to destination, The
City reserves the right to accept or reject all or any part of this submission. Prices should be firrn for a
minimum of 180 days following the time set for closing of the submissions,
In the event of errors in extension of totals, the unit prices shall govern in determixiing the quoted
prices.
We (I) certify that we have read your solicitation, completed the necessary documents, and propose to
furnish and deliver, F.O.B. DESTINATION, the items or services specified herein.
The undersigned hereby certifies that neither the contractual party nor any of its principal owners or
personnel have been convicted of any of the violations, or debarred or suspended as set in section
18-107 or Ordinance No, 12271
All exceptions to this submissionhave been documented in the section below (refer to paragraph and
section).
EXCEPTIONS:
We (I) certify that any and all information contained in this submission is true; and we (I) further certify
that this submission is made without prior understanding, agreement, or connection with any
corporation, firm, or person submitting a submission for the same materials, supplies, equipment, or
service, and is in all respects fair and without collusion or fraud. We (I) agree to abide by all terms and
conditions of this solicitation and certify that 1 am authorized to sign this subrnission for the submitter.
Please print the following and sign your name:
PROPOSER NAME
ADDRESS'
PHONE: FAX
EMAIL: CELL(Optiona :
SIGNED BY:
TITLE: DATE:
FAILURE TO COMPLETE, SIGN. AND RETURN TFIJS FORM SHALL DISOUALIFY THIS
RESPONSE.
Page 2 of 40
Certifications
Legal Name of Firm:
Entity Type: Partnership, Sole Proprietorship, Corporation, etc,:
Year Established:
Office Location: City ofMiami, Miami -Dade County, or Other:
Business Tax Receipt Number/Occupational License:
Business Tax Receipt issuing Agency /Occupational License:
Business Tax Receipt Expiration Date /Occupational License:
Please list and acknowledge all addendurn/addenda. received. List the addendum/addenda number and
date of receipt (i.e. Addendum No. 1, 7/1/07). If no addendum/addenda was/were issued, please insert
N/A:
Reference No, I: Name of Company/Agency for which proposer is currently providing the
services/goods as described in this solicitation, or has provided such services/goods in the past:
Reference No, 1: Address, City, State, and Zip for above referenced company/agency listed:
Reference No, 1: Name of Contact Person and Telephone Number for above referenced No, L
Reference No. 1: Date of Contract or Sale for above referenced No. 1:
Reference No. 2: Name of Company/Agency for which proposer is currently providing the
services/goods as described in this solicitation, or has provided such services/goods in the past:
Page 3 of 40
Reference No, 2: Address, City, State, and Zip for above referenced company/agency listed;
Re erence No. 2: Name of Contact Person and Telephone Number for above referenced No, 2:
Reference No. 2: Date of Contract or Sale .for above referenced No. 2:
Reference No. 3: Name of Company/Agency for which proposer is currently providing the
services/goods as described in this, solicitation, or has provided such services/goods ni the past:
Reference No. 3: Address, City, State, and Zip for above referenced company/agency listed:
Reference No. 3: Marne of Contact Person and Telephone Number for above referenced No, 3:
Reference No. 3: Date of Contract or Sale for above referenced No. 3:
If Proposer has a local office, as defined under Chapter18/Article 111, Section 18-73 of the City Code,
has Proposer filled out, notarized, and included with its proposal, the "'City of Miami Local Office
Certification"' form? YES or NO? The City of Miami Local Office Certification form is located in the
Oracle Sourcing System ('iSupplier), under the Header/Notes and Attachment Section of this
solicitation.
Does the Proposer acknowledge that the attached PSA is an example of the standard Agreement used in
conjunction with the services related to this solicitation and shall not be amended?
Page 4 of 40
Line: 1
Description; Please refer to Attachment B, Price Proposal Schedule, DO NOT SUBMIT PRICE
ON THIS PAGE
Category: 94615-00
Unit of Measure: Dol a
Unit Price: $
Number of Units: 1 Total: $
Page 5 of 40.
Table of Contents
Terms and Conditions.
1. General Conditions
2�, Special Conditions
7
~_......._..._.............. ._............... .... _._.............
.._...........—.7
2?
2].PURPO5E ....... ............ .._........ ....~—._.._--..--...... --- ... ..._—.... ._.... ... .... ._—.27
2.2.DBADTNRF0RRECEIPT OFREQUEST FOR ADDITIONAL
INFORMATION/CLARIFICATION ... ................ ---_.----........... ...... ............. _------2?
2.3'PR8-BDD/PRE|P8OPOS&L CONFERENCE ............ ----....... ---_------...... -----'27
2.4.TERM8F CONTRACT ..... ........................ ............................................................................... ...... 27
%.5.CONDITIONS FOR RENEWAL ----_---_----...... ............. —~.......... —........ --.......... 7
28
2.8.CONTRACT EXECUTION ........ —.... .... .... ............ ......... ....... _—.............. ........ _... ..2Q
2.9.5TRU[TURE OFPRG-()UAlIy1BD POOL .... _....................... —_----.........
-------_—ZO
2.]2,9DO}EC7MADJAGER ----------_--...... —...... ........ ...... ............. ........... ..... --3I
ZJ3.SGi;CONTRACTOR (S)O@SUBCO0SOLTANI(8) ........ --_---------........ —......... ... �3l
2]11.TRDTRINNF-00TlAT]DyJCERTDFIC&TE —... ----.......... .................. —................ —_..... 1
2J5,7BRK3N&7lON ---- .... ..... ...... —............ ................ ... ...... ........................................ .......... 32
2.16.ADDITIONAL TERMS AND CONDITIONS _.
2.17.ONADTI7OBIZ2DWORK
3%
--.32
—......... —33
3.20.(J{AN 00S ... ..... .... .......... ----.......... ...... .................. ......... --_.... 34
2.21.1-.Ik8ITBDCUN7Q&[3E%7EN3|O0 .
... 34
222-RBCOBDS ---........ --- ... ....... _... ...... _------_---_---........ —........ _...... ... 34
3.3prcificudons ..—_—~.................. ---- -.... ........................ ...._..._........... ................ .......... ...... ....... 35
.... .... --- ....... —... —.... 37
4ISUUMC58K)0 REQUIREMENTS —_—_—_--__—..............
G.Bvu|uudouCdmria ............... .................... ........ ...... --- ..... _........ .......................... .... --- .....
......... 40
Page 6 of 40
762383
Terms and Conditions
1. General Conditions
1.1. GENERAL TERMS AND CONDITIONS
Intent: The General Terms and Conditions described herein apply to the acquisition of goods/equipment/services
with an estimated aggregate cost of $25,000.00 or more.
Definition: A format solicitation is defined as issuance of an Invitation for Bids, Request for Proposals, Request for
Qualifications, or Request for Letters of Interest pursuant to the City of Miami Procurement Code and/or Florida
Law, as amended, FormaSolicitation and Solicitation shall be defined in the same manner herein.
1.1. ACCEPTANCE OF GOODS OR EQUIPMENT - Any good(s) or equipment delivered under (his formal
solicitation, if applicable, shall remain the property of the seller until a physical inspection and actual usage of the
good is made, and thereafter is accepted as satisfactory to the City. It must comply with the terms herein and be
fully in accordance with specifications and of the highest quality. In the event the goods/equipment supplied to the
City are found to be defective or does not conform to specifications, the City reserves the right to cancel the order
upon written notice to the Contractor and return the product to [he Contractor at the Contractor's expense,
1.2. ACCEPTANCE OF OFFER - The signed or electronic submission of your solicitation response shall be
considered an offer on the part of the bidder/proposer: such offer shall be deemed accepted upon issuance by the
City of a purchase order.
1,3. ACCEPTANCE/REJECTION - The City reserves the right to accept or reject any or all responses or parts of
after opening/closing date and request re -issuance on the goods/services described in the formal solicitation, In the
event of such rejection, the Director of Purchasing shall notify all affected bidders/proposers and make available a
written explanation for the rejection, The City also reserves the right to reject the response of any bidder/proposer
who has previously failed to properly perform under the terms and conditions of a contract, to deliver on time
contracts of a similar nature, and who is not in a position to perform the requirements defined in this formal
solicitation. The City further reserves the right to waive any irregularities or minor informalities or technicalities in
any or all responses arid may, at its discretion, re -issue this formal solicitation.
1.4. ADDENDA - It is the bidder's/proposer's responsibility to ensure receiptof all Addenda. Addenda are available
at the City's website at: littp://www.ci,miamiffus/procurernent
1.5. ALTERNATE RESPONSES WILL NOT BE CONSIDERED
1.6. ASSIGNMENT - Contractor agrees not to subcontract, assign, transfer, convey, sublet, or otherwise dispose of
the resulting Contract, or any or all of its right, title or interest herein, without City of Miami's prior written consent.
1.7, ATTORNEY'S FEES - In connection with any litigation, mediation and arbitration arising out of this Contract,
each party shall bear their own attorney's fees through and including appellate litigation and any post-judgmera
proceedings,
1.8. AUDIT RIGHTS AND RECORDS RETENTION - The Successful Bidcler/Proposer agrees to provide access
at all reasonable times to the City, or to any of its duly authorized representatives, to any books, documents, papers,
and records of Contractor which are directly pertinent to this formal solicitation, for the purpose of audit,
examination, excerpts, and transcriptions. The Successful Bidder/Proposer shall maintain and retain any and all of
Page 7 of 40
762383
the books, documents, papers and 'ecurds pertinent to, the Contract for three (3). years after the City makes final
payment and all other pending matters are closed. Contractor's failure to or refusal to comply with this condition
shall result in the immediate cancellation of this contract by the City.
1.9. AVAILABILITY OF CONTRACT STATE-WIDE - Arty Governmental, not -for -profit or
quasi -governmental entity in the State of Florida, may avail itself of this contract and purchase any and all
goods/services, specified herein from the successful bidder(s)/proposer(s) at the contract price(s) established herein,.
when permissible by federal,state, and local laws, rules, and regulations.
Each Governmental, not -for -profit or quasi -governmental entity which uses this formal solicitation and resulting bid
contract or agreement will establish its own contract/agreement, place its own orders. issue its own purchase orders,
be invoiced there from and make its own payments, determine shipping terms and issue its own exemption
certificates as required by the successful bidder(s)/proposer(s).
1.10. AWARD OF CONTRACT:
A. The Formal Solicitation, Bidder's/Proposer's response, any addenda issued, and the purchase order shall
constitute the entire contract, unless modified in accordance with any ensuing contract/agreement, amendment or
addenda.
B. The award of a contract where there are Tie Bids will be decided by the Director of Purchasing or designee in the
instance that Tie Bids can't be determined by applying Florida Statute 287.087,, Preference to Businesses with
Drug -Free Workplace Programs.
C. The award of this contract may be preconditioned on the subsequent submission of other documents as specified
in the Special Conditions or Technical Specifications. Bidder/Proposer shall be in default of its contractual
obligation if such documents are not submitted in a timely manner and in the form required by the City. Where
Bidder/Proposer is in default of these contractual requirements, the City, through action taken by the Purchasing
Department, will void its acceptance of the Bidder's/Proposer's Response and may accept the Response from the
next lowest responsive, .responsible Bidder or Proposal most advantageous to the City or re -solicit the City's
requirements. The City, at its sole discretion, may seek monetary restitution from Bidder/Proposer and its
bid/proposal bond or guaranty, if applicable, as a result of damages or increased costs sustained as a result of the
Bidder's/Proposer's default.
D. The term of the contract shall be specified in one of three documents which shall be issued to the successful
Bidder/Proposer, These documents may either be a purchase order, notice of award and/or contract award sheet.
E. The City reserves the right to automatically extend this contract for up to one hundred twenty (120) calendar
days beyond the stated contract term in order to provide City departments with continual service and supplies while
a new contract is being solicited, evaluated, and/or awarded. If the right is exercised, the Coy shall notify the
Bidder/Proposer, in writing, of its intent to extend the contract at the same price, terms and conditions for a specific
number of days. Additional extensions over the first one hundred twenty (120) day extension may occur, if, the City
and the Successful Bidder/Proposer are in mutual agreement of such extensions.
F. Where the contract involves a single shipment of goods to the City, the contract term shall conclude upon
completion of the expressed or implied warranty periods.
G. The City reserves the right to award the contract on a split -order, lump sum or individual -item basis, or such
combination as shall best serve the interests of the City unless otherwise specified.
EL A Contract/Agreement may be awarded to the Bidder/Proposer by the City Commission based upon the
minimum qualification requirements .reflected herein. As a result of a RFP, RFQ, or RFLI, the City reserves the
right to execute or not execute, as applicable, an Agreement with the Proposer, whichever is determined to be in the
Page 8 of 40
762383
City's best interests. Such agreement will be furnished by the City, will contain certain terms as are in the City's
best interests, and will be subject to approval as to legal form by the City Attorney,
1.11. BID BOND/ BID SECURITY - A cashier's or certified check, or a Bid Bond signed by a recognized surety
company that is licensed to do business in the State of Florida, payable to the City of Miami, for the amount bid is
required from all bidders/proposers, if so indicated under the Special Conditions, This check or bond guarantees
that a bidder/proposer will accept the order or contract/agreement, as bid/proposed, if it is awarded to
bidder/proposer. Bidder/Proposer shall forfeit bid deposit to the City should City award contract/agreement to
Bidder/Proposer and Bidder/Proposer fails to accept the award. The City reserves the, right to reject arty and all
surety tendered to the City. Bid deposits are returned to unsuccessful bidders/proposers within ten (l 0) days after
thc, award and successful bidders/proposer s acceptance of award, If sixty (60) days have passed after the date of the
formal solicitation closing date, and no contract has been awarded, all bid deposits will be returned on demand.
1.12. RESPONSE FORM (HARDCOPY FORMAT) - All forms should be ,completed, signed and submitted
accordingly.
1.13. BID SECURITY FORFEITED LIQUIDATED DAMAGES Failure to execute an Agreement and/or file
an acceptable Performance Bond, when required, as provided herein, shall be just cause for the annulment of the
award and the forfeiture of the Bid Security to the City, which forfeiture shall be considered, not as a penalty, but in.
mitigation of damages sustained, Award may then be made to the next lowest responsive, responsible Bidder or
Proposal most advantageous to the City or all responses may be rejected.
1.14. BRAND NAMES If and wherever in the specifications brand names, makes, models, names daily
manufacturers, trade names, or bidder/proposer catalog numbers are specified, it is for the purpose of establishing
the type, function, minimum standard of design, efficiency, grade or quality of goods only. When the City does not.
wish to rule out other competitors' brands or makes, the phrase "OR .F.F7)UAL“ is added, When bidding/proposing an
approved equal, Bidders/Proposers will submit, with their response, complete sets of necessary data (factory
information sheets, specifications, brochures, etc,) in order for the City to evaluate and determine the equality of the
item(s) bid/proposed. The City shall be the sole judge of equality and its decision shall be final. Unless otherwise
specified, evidence in the form of samples may he requested if the proposed brand is other than specified by the
City. Such samples are to be furnished after formal solicitation opening/closing only upon request of the City. If
samples should be requested, such samples must be received by the City no latex than seven (7) calendar days after
a formal. request is made.
1.15, CANCELLATION - The City reserves the right to cancel all formal solicitations before its opening/closing.
In the event. of bid/proposal cancellation, the Director of Purchasing shall notify all prospective bidders/proposers
and make available a written explanation for the cancellation.
1.16. CAPITAL EXPENDITURES - Contractor understands that any capital expenditures that the firm makes, or
prepares to make, in order to deliver/perform the goods/servicesrequired by the City, is a business risk which the
contractor must assume, The City will not be obligated to reimburse amortized or unamortized capital expenditures,
or to maintain the approved status of any contractor. If contractor has been unable to recoup its capital expenditures
during the time it is rendering such goods/services, it shall not have any claim upon the City.
1.17. CITY NOT LIABLE FOR DELAYS It is further expressly agreed that in no event shall the City be liable
for, or responsible to, the. Bidder/Proposer/Consultant, any sub-contractor/sub-consultant, or to any other person for,
or on account of, any stoppages or delay in the work herein provided for by injunction or other legal or equitable
proceedings or on account of any delay for any cause over which the City has no control.
1,18. COLLUSION —Bidder/Proposer, by submitting a response,certifies that its response is made without
previous understanding, agreement or connection either with any person, firm or corporation submitting a response
Page 9 of 4.0
762383
For the same items/services or with the City of Miami's Purchasing Department or initiating department. The
Bidder/Proposer certifies that its response is fair, without control, collusion, fraud or other illegal action.
Bidder/Proposer certifies that it is in compliance. with the Conflict of Interest, and Code of Ethics Laws. The City
will investigate all potential situations where collusion may have occurred and the City reserves die right to reject
any and all bids/responses where collusion may have occurred.
1.19. COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS - Contractor understands that contracts
between private entities and Focal governments are subject to certain laws and regulations, including laws pertaining
to public records, conflict of interest, records keeping, etc. City and Contractor agree to comply with and observe all
applicable laws, codes and ordinances as that may in any way affect the goods or equipment offered, including but
not limited to.
A. Executive Order 11246, which prohibits discrimination against any employee, applicant, or client because of
race, creed, color, national origin, sex, or age with regard to, but not limited to, the following: employment
practices, rate of pay or other compensation methods, and training selection.
B. Occupational, Safety and Health Act (OSHA), as applicable to this Formal Solicitation.
C. The State of Florida Statutes, Section 287.133(3)(A) on Public Entity Crimes,
D. Environment Protection Agency (EPA), as applicable to this Formal Solicitation,
E. Uniform Commercial Code (Florida Statutes, Chapter 672).
F. Americans with Disabilities Act of 1990, as amended.
G. National ,Institute of Occupational Safety Hazards (NIOSH), as applicable to this Formal Solicitation,
H. National Forest Products Association (NFPA), as applicable to this Formal Solicitation,
I. City Procurement Ordinance City Code Section 18, Article III.
J. Conflict of Interest, City Code Section 2-61161.
K. Cone of Silence, City Code Section 18-74.
L. The Florida Statutes Sections 218,73 and 218.74, on Prompt Payment..
Lack of knowledge by the bidder/proposer will itt no way be a cause for relief from responsibility. Non-compliance
with all local, state., and federal directives, orders, and laws may be considered grounds for termination of
contract(s),
Copies of the. Cily Ordinances may be obtained from the City Clerk's Office.
1.20. CONE OF SILENCE - Pursuant. to Section 18-74 of the City of Miami Code, a "Cone of Silence" is imposed
upon each RIFP. RFQ, REL.'. or IFB after advertisement and terminates at the time the City Manager issues a written
recommendation to the Miami City Commission. 'Fhe Cone of Silence shall be applicable only to Contracts for the
provision of goods and services and public works or improvements for amounts greater than $200.000. The Cone of
Silence prohibits any communication regarding RFPs, REQs, RFLI or IFBs (bids) between, among others.
Potential vendors, service providers, bidders, lobbyists or consultants and the Cily's professional staff including, but
not limited to, the City Manager and the City Manager's staff, the Mayor, City Commissioners, or their respective
staffs and any member of the respective selection/evaluation committee.
The provision does not apply to, among other communications:
Page 10 of 40
762383
Oral communications with the City purchasing staff, provided the communication is limited strictly to matters of
process or procedure already contained in the formal solicitation document; the provisions of the Cone of Silence do
not apply to oral communications at duly noticed site visits/inspections, pre -proposal or pre -bid conferences, oral
presentations before selection/evaluation committees, contract negotiations during any duly noticed public meeting,
or public presentations made to the Miami City Commission during a duly noticed public meeting; or
communications in writing or by email at any time with any City employee, official or .member of the City
Co.mrnission unless specifically prohibited by the applicable RFP, RFQ, RFLI ar IFB (bid) documents (See Section
2.2. of the Special Conditions); or communications in connection with. the collection of .industry comments or the
performance of market research regarding a particular RFP, RFQ, RFLI OR IFB by City Purchasing staff.
Proposers or bidders must file a copy of any written communications with the Office of the City Clerk, which shalt
be made available to any person upon request, The City shall respond in writing and file a copy with the Office of
the City Clerk (clerks@miamigov,com), which shall he made available to any person upon request. Written
communications may be in the form of e-mail, with a copy to the Office of the City Clerk.
In addition to any other penalties provided by law, violation of the Cone of Silence by any proposer or bidder shall
render any award voidable. A violation by a particular Bidder, Proposer, Offeror, Respondent, lobbyist or
consultant shall subject same to potential penalties pursuant to the City Code, Any person having personal
knowledge of a violation of these provisions shall report such violation to the State Attorney and/or may file a
complaint with the Ethics Commission. Proposers or bidders should reference Section 18-74 of the City of Miami
Code for further clarification.
This language is only a summary of the key provisions of the Cone of Silence. Please review City of Miarni Code
Section 18-74 for a complete and thorough description of the Cone of Silence. You may contact the City Clerk at
305-250-5360, to obtain a copy of same.
CONFIDENTIALITY - As a political subdivision, the City of Miami is subject to the Florida Sunshine Act
and Public Records Law. If this Contract/Agreement contains a confidentiality provision, it shall have no application
when disclosure is required by Florida law or upon court order.
1,22. CONFLICT OF INTEREST — Bidders/Proposers, by responding to this Formal Solicitation, certify that to
the best of their knowledge or belief, no eiected/appointed official or employee of the City of Miami is financially
interested, directly or indirectly, in the purchase of goods/services specified in this Formal Solicitation,. Any such
interests on the part of the Bidder/Proposer or its employees must be disclosed in writing to the City. Further, you
must disclose the name of any City employee who owns, directly or indirectly, an interest of five percent. (596) or
more of the total assets of capital stock in your firm.
A. Bidder/Proposer further agrees not to use or attempt touse any knowledge, property or resource which may
be within his/her/its trust, or perform his/her/its duties, to secure a special privilege, benefit, or exemption for
himself/herself/itself, or others, Bidder/Proposer may not disclose or use information not available to members of
the general public and gained by reason of his/her/its position, except for information relating exclusively to
governmental practices, for his/her/its personal gain or benefit or for the personal gain or benefit of any other person
or business entity.
B. Bidder/Proposer hereby acknowledges that he/she/it has not contracted or transacted any business with the
City or any person or agency acting for the City, and has not appeared in representation of any third party before any
hoard, commission or agency of the City within the past two years. Bidder/Proposer further warrants that he/she/it
is not related, specifically the spouse, son, daughter, parent, brother or sister, to: (i) any member of the commissim
(ii) the mayor; (1il) any city employee; or (iv) any member of any board or agency of the City.
C. A violation of this section may subject the Bidder/Proposer to immediate termination of any professional
services agreement with the City, imposition of the maximum fine and/or any penalties allowed by law.
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Additionally, violations may be considered by and subject to action by the Miami -Dade County Commission on
Ethics.
1.23. COPYRIGHT OR PATENT RIGHTS — Bidders/Proposers warrant that there has been no violation of
copyright or piitent. rights in manufacturing, producing, or selling the goods shipped or ordered and/or services
provided as a result of this formal solicitation, and bidders/proposers agree to hold the City harmless from any and
all liabibty, loss, or expense occasioned by any such violation.
1.24. COST INCURRED BY BIDDER/PROPOSER - All expenses involved with the preparation and submission
of Responses to the City, or any work performed in connection therewith shall be borne by the
Bidder (s)/Proposer(s).
1,25. DEBARMENT AND SUSPENSIONS (Sec 18-107)
(a) Authority and requirement to debar and suspend. After reasonable notice to an actual or prospective Contractual
Party, arid after reasonable opportunity for such party to be heard, the City Manager, after consultation with the
Chief Procurement Officer and the city attorney., shall have the authority to debar a Contractual Party, for the causes
listed below, from consideration for award of city Contracts, The debarment shall be for a period of not fewer than
three years. The City Manager shall also have the authority to suspend a Contractual Party from consideration for
award of city Contracts if there is probable cause for debarment, pending the debarment determination. The
authority to debar and suspend contractors shall be exercised in accordance with regulations which shall be issued
by the Chief Procurement Officer after approval by the City Manager, the city attorney, and the City Commission.
(b) Causes for debarment or suspension. Causes for debarment or suspension include the following:
(1) Conviction for commission of a criminal offense incident to obtaining or attempting to obtain a
public or private Contract or subcontract, or incident to the performance of such Contract or subcontract.
(2) Conviction under state or federal statutes of embezzlement, theft, forgery, bribery, falsification or
destruction of records, receiving stolen property, or any other offense indicating a lack of business
integrity or business honesty.
(3) Conviction under state or federal antitrust statutes arising out of the submission of Bids or
Proposals.
(4) Violation of Contract provisions, which is regarded by the Chief Procurement Officer to be
indicative of nonresponsibility. Such violation may include failure without good cause to perform in
accordance with the terms and conditions of a Contract or to perform within the time limits provided in a
Contract, provided that failure to perform caused by acts beyond the control of a party shall not be
considered a basis for debarment or suspension.
(5) Debarment or suspension of the Contractual Party by any federal, state or other governmental
entity.
(6) False certification pursuant to paragraph (c) below,
(7) Found in violation of a zoning ordinance or any other city ordinance or regulation and for which
the violation remains noncompliant.
(8) Found in violation of a zoning ordinance or any other city ordinance or regulation and for which a
civil penalty or fine is due and owing to the. city.
(9) Any other cause judged by the City Manager to be so serious and compelling as to affect the
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responsibility of the Contractual Party performing city Contracts.
(c) Certification. AU Contracts for goods and services, sales, and leases by the city shall contain a certification that
neither the Contractual Party nor any of its principal owners or personnel have been convicted of any of the
violations set forth above or debarred or suspended as set forth in paragraph (b)(5),
(d) Debarment and suspension decisions, Subject to the provisions of paragraph (a), the City Manager shall render a
written decision stating the reasons for the debarment or suspension. A copy of the decision shall be provided
promptly to the Contractual Party, along with a notice of said party's right to seek judicial relief,
1.26. 'DEBARRED/SUSPENDED VENDORS —An entity or affiliate who has been placed on the State, of Florida
debarred or suspended vendor list may not submit a response on a contract to provide goods or services to a public
entity, may not submit a response on a contract with a public entity for the construction or repair of a public building
or public work, may not submit response on leases of real property to a public entity, may not award or perform
work as a contractor, supplier, subcontractor, or consultant under contract with any public entity,. and may not
transact business with any public entity.
1.27. DEFAULT/FAILURE TO PERFORM - The City shall be the sole judge of nonperformance, which shall
include any failure on the part of the successful Bidder/Proposer to accept the award, to furnish required documents,
and/or to fulfill any portion of this contract within the time stipulated.
Upon default by the successful Bidder/Proposer to meet any terms of this agreement, the City will notify the
Bidder/Proposer of the default and will provide the contractor three (3) days (weekends and holidays excluded) to
remedy the default. Failure on the contractor's part to correct the default within the required three (3) days shall
result in the Contract being terminated and upon the City notifying in writing the contractor of its intentions and the
effective date of the termination, The following shall constitute default:.
A. Failure to perform the work or deliver the goods/services required under the Contract and/or within the time
required or failing to use the subcontractors, entities and personnel as identified and set forth, and to the degree
specified irt the Contract.
B. Failure to begin the work under this Contract within the time specified.
C. Failure to perform the work with sufficient workers and equipment or with sufficient materials to ensure timely
completion.
D. Neglecting or refusing to remove materials or perform new work where prior work has been rejected as
nonconforming with the terms of the Contract.
E. Becoming insolvent, being declared bankrupt, or committing any act of bankruptcy or insolvency, or [flaking an
assignment for the benefit of creditors, if the insolvency, bankruptcy, or assignment renders the successful
Bidder/Proposer incapable of performing the work in accordance with and as required by the Contract,
F. Failure to comply with any or the terms of the Contract in any material respect.
All costs and charges incurred by the City as a result of a default or a default incurred beyond the time .limits stated,
together with the cost of completing the work, shall be deducted from any monies due or which may become due on
this Contract.
1.28. DETERMINATION OF RESPONSIVENESS - Each Response will be reviewed to determine if it is
responsive to the submission requirements outlined in the Formal Solicitation. A "'responsive" response is one which
follows the requirements of the formal solicitation, includes all documentation, is submitted in the format outlined in
the formal solicitation, is of timely submission, and has appropriate signatures as required on each document, Failure
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to comply with these requirements may deem a Response non -responsive.
A. Responsible Bidder shall mean a bidder/proposer who has submitted a bid/prposal and who has the capability,
as determined under the City Procurement Ordinance, in all respects to fully perform the contract requirements, and
the integrity and reliability of which give reasonable assurance of good faith and performance.
1.29. DISCOUNTS OFFERED DURING TERM OF CONTRACT - Discount Prices offered in the response
shall be fixed after the award by the Commission, unless otherwise specified in the Special Terms and Conditions.
Price discounts of the original prices quoted in the response will be accepted from successful Bidder(s)/Proposer(s)
during the term of the contract. Such discounts shall remain in effect for a minimum of 120 days from approval by
the City Commission Any discounts offered by a manufacturer to Bidder/Proposer will be passed on to the City,
1.30. DISCREPANCIES, ERRORS, AND OMISSIONS - Any discrepancies, errors, or ambiguities in the Formal
Solicitation or addenda (if any) should be reported in writing to the City's Purchasing Department. Should it be
found necessary, a written addendum will be incorporated in the Formal Solicitation and will become part of the
purchase agreement (contract documents). The City will not be responsible for any oral instructions, clarifications,
or other communications,
A. Order of Precedence - Any inconsistency in this formal solicitation shall be resolved by giving precedence to the
following documents, the first of such list being the governing documents,
I) Addenda (as applicable)
2) Specifications
3) Special Conditions
9) General Terms and Conditions
1.31. EMERGENCY / DISASTER PERFORMANCE - In he event of a hurricane or other emergency or disaster
situation, the successful vendor shall provide the City with the commodities/services defined within the scope of this
formal solicitation at the price contained within vendor's response. Further, successful vendor shall deliver/perform
for the city on a priority basis during such times of emergency.
1.32. ENTIRE BID CONTRACT OR AGREEMENT - The Bid Contract or Agreement consists of this City of
Miami Formal Solicitation and specifically this General Conditions Section, Contractor's Response and any written
agreement entered into by the City of Miami and Contractor in cases involving RFPs, RFQs, and RFL1s, and
represents the entire understanding and agreement between the parties with respect to the subject matter hereof and
supersedes all other negotiations, understanding and representations, if any, made by and between the parties. To the
extent that the agreement conflicts with, modifies, alters or changes any of the terms and conditions contained in the
Formal Solicitation and/or Response, the Formal Solicitation and then the Response shall control, This Contract may
be modified only by a written agreement signed by the City of Miami and Contractor,
1.33. ESTIMATED QUANTITIES -Estimated quantities or estimated dollars are provided for your guidance
only. No guarantee is expressed or implied as to quantities that will be purchased during the contract period, The
City is not obligated to place an order for any given amount subsequent to the award of this contract. Said estimates
may be used by the City for purposes of determining the low bidder or most advantageous proposer meeting
specifications. The City reserves the right to acquire additional quantities at the prices bid/proposed or at lower
prices in this Formal Solicitation,
1.34. EVALUATION OF RESPONSES
A.Rejection of Responses
The City may reject a Response for any of the following reasons:
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1) Bidder/Proposer fails to acknowledge receipt of addenda;
2) Bidder/Proposer nnistates or conceals any material fact in the Response ;
3) Response does not conform to the requirements of the Formal Solicitation;
4) Response requires a conditional award that conflicts with the method of award;
5) Response does not include required samples, certificates, licenses as required; and,
6) Response was riot executed by the Bidder's/Proposer(s) authorized agent.
The foregoing is not an all inclusive list of reasons for which a Response may be rejected. The City may reject and.
re -advertise for all or any part of the Formal Solicitation whenever it is deemed in the best interest of the
City.
B. Elimination From Consideration
1) A contract shall not be awarded to any person or firm which is 10 arrears to the City upon any debt or contract or
which is a defaulter as surety or otherwise upon any obligation to the City.
2) A contract may not be awarded to any person or firm which has failed to perform under the terms and conditions
of any previous contract with the City or deliver on time contracts of a similar nature.
3) A contract may not be awarded to any person or firm which has been debarred by the City in accordance with
the City's Debarment and Suspension Ordinance,
C. Determination of Responsibility
1) Responses will only be considered frorn entities who are regularly engaged in the business of providing the
goods/equipment/services required by the Formal Solicitation. Bidder/Proposer must be able to demonstrate a
satisfactory record of performance and integrity.; and, have sufficient financial, material, equipment, facility,
personnel resources, and expertise to meetall contractual requirements. The terms "equipment and organization" as.
used herein shall be construed to mean a fully equipped and well established entity in line with the best industry
practices in the industry as determined by the City..
2) The City may consider any evidence available regarding the. financial, technical and other qualifications anci.
abilities of a Bidder/Proposer, including past performance (experience) with the City or any other governmental
entity in making the award.
3) The City may require the Bidder(s)/Proposer(s) to show proof that they have been designated as an authorized
representative of a manufacturer or supplier which is the actual source of supply, if required by the Formal
Solicitation.
1.35. EXCEPTIONS TO GENERAL AND/OR SPECIAL CONDITIONS OR SPECIFICATIONS -
Exceptions to the specifications shall be listed on the Response and shall reference the section, Any exceptions to
the General or Special Conditions shall he cause for the bid (IFB) to be considered non -responsive. It also may be
cause for a RFP, RFQ, or RFLI to be considered non -responsive; and, if exceptions are taken to the terms and
conditions of the resulting agreement it may lead to terminating negotiations„
1.36. F.O.B. DESTINATION - Unless otherwise specified in the Formal Solicitation, all prices quoted/proposed by
the bidder/proposer must be F.O.B. DESTINATION, inside delivery, with all delivery costs and charges included in
the bid/proposal price, unless otherwise specified in this Formal Solicitation. Failure to do so may be cause for
rejection of bid/proposal,
1.37. FIRM PRICES - The bidder/proposer warrants that prices, terrns, and conditions quoted in its response will
be firm throughout the duration of the contract unless otherwise specified in the Formal Solicitation. Such prices
will remain firm for the period of performance or resulting purchase orders or contracts, which are to be performed
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or supplied over a -period of time,
1.38. FLORIDA MINIMUM WAGE - The Constitution of the State of Florida, Article X, Section 24, states that,
employers shall pay employee wages no less than the minimum wage for all hours worked in Florida. Accordingly,
it is the contractor's and its subcontractor(s) responsibility to understand and comply with this Florida constitutional
minitnual wage requirement and pay its employees the current established hourly minimum wage rate, which is
subject to change or adjusted by the rate of inflation using the consumer price index or urban wage earners and
clerical workers, CPI-W, or a successor index as calculated by the United States Department of Labor. Each
adjusted minimum wage rate calculated shall be determined and published by the Agency Workforce Innovation on
September 30th of each year and take effect on the following January 1st.
At the time of responding, it is bidder/proposer and his/her subcontractor(s), if applicable, full responsibility to
determine whether any of its employees may be impacted by this Florida Law at any given point in time during the
term of the contract. If impacted, bidder/proposer must furnish employee name(s), job. title(s), job description(s),
and current pay rate,(s), Failure to submit this information at the time of submitting a response constitute successful
bidder's/proposer's acknowledgement and understanding that the Florida Minimum Wage Law will not impact its
prices throughout the term of contract and waiver of any contractual price increase request (s). The City reserves the
right to request and successful bidder/proposer must provide for any and all information to make a wage and
contractual price increase(s) determination,
1.39. GOVERNING 1_,AW AND VENUE - The validity and effect of this Contract shall be governed by the laws
or the State of Florida. The parties agree that any action. mediation or arbitration arising out of this Contract shall
take place in Miami -Dade County, Florida, In any action or proceeding each party shall bear their own respective
attorney's fees.
1.40. HEADINGS AND TERMS - The headings to the various paragraphs of this Contract have been inserted for
convenient reference only and shall not in any manner be construed as modifying, amending or affecting in any way
the expressed terms and provisions hereof,
1.41. HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT (HIPPA) - Any person or
entity that performs or assists the City of IVIiami with a function or activity involving the use or disclosure or
"individually identifiable health information (NM) and/or Protected Ilealth Information (PHI) shall comply with the
Health Insurance Portability and Accountability Act (HIIPAA) of 1996 and the City of Miami Privacy Standards.
HIPAA mandates for privacy, security and electronic transfer standards, which include but are not limited to:
A. Use of information only for performing services required by the contract or as required by law;
B. Use of appropriate safeguards to prevent non -permitted disclosures;
C. Reporting to the City of Miami of any non -permitted use or disclosure;
D. Assurances that any agents and subcontractors agree to the same restrictions and conditions that apply to the
Bidder/Proposer and reasonable assurances that IIHI/PHI will be held confidential;
E. Making Protected Health Information (PHI) available to the customer;
F. Making P111 available to the customer for review and amendment; and incorporating any amendments requested
by the customer;
G. Making PHI available to the City of Miarni for an accounting of disclosures; and
H. Making internal practices, books and records related to PHI available to the City of Miarni fbr compliance audits,
PHI shall maintain its protected status regardless of the form and method of transmission (paper records, and/or
electronic transfer of data), The Bidder/ Proposer must give its customers written notice or its privacy information
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practices including s1)ecihcally, a description of the types of uses and disclosuies that .wouldbe rnade with protected
health information.
1.42 INDEMNIFICATION Contractor shall indemnify, hold/save harmless and defend at .its own costs and
expense the City, its officials, officers, agents, directors, and employees, from liabilities, damages, losses, and costs,
including, but not limited to reasonable attorney's fees, to the extent caused by the negligence, recklessness or
intentional wrongful .misconduct of Contractor and persons employed or utilized by Contractor in the performance
of this Contract and will indemnify, hold harmless and defend the City, its officials, officers, agents, directors and
employees against, any civil actions, statutory or similar claims, injuries or damages arising or resulting from the
permitted work, even if it. is alleged that the City, its officials and/or employees were negligent. These
indemnifications shall survive ttle term of this Contract. In the event that any action or proceeding is brought
against City by reason of any such clairn or d.ernand, Contractor shall, upon written notice from City, resist and
defend such action or proceeding by counsel satisfactory. to City. The Contractor expressly understands and agrees
that any insurance protection required by this Contract or otherwise provided by Contractor shall in no way limit the
responsibility to indemnify, keep and save harmless and defend the City or its officers, employees, agents and
instrumentalities as herein provided.
The indemnification provided above shall obligate Contractor to defend at its own expense to and through appellate,
supplemental or bankruptcy proceeding, Or to provide for such defense, at City".s option, any and all claims of
liability and all suits and actions of every name and description which may be brought against Citywhether
performed by Contractor, or persons employed or utilized by Contractor,
This indemnity will survive the cancellation or expiration of the Contract. This indemnity will be interpreted under
the laws of the State of Florida, including without limitation and which conforms to the limitations of §725,.06
and/or §725.08, Fla, Statues, as amended front time to time as applicable.
Contractor shall require all Sub -Contractor agreements to include a provision that they will indemnify the City.
The Contractor agrees and recognizes that the City .shall not he 'held liable or responsible for any claims which may
result from any actions or omissions of the Contractor in which the City participated either through review or
concurrence of the Contractor's actions. In reviewing, approving or rejecting any submissions by die Contractor or
other acts of the Contractor, the City in no way assumes or shares any responsibility or liability of the Contractor or
Sub-C,ontractor, under this Agreement.
1.43. FORMATION AND DESCRIPTIVE LITERATURE -Bidders/Proposer must furnish all information
requested in the spaces provided in the Formal Solicitation. Further, as may be specified elsewhere, each
Bidder/Proposer must submit for evaluation, cuts, sketches, descriptive literature, technical specifications, and
Material Safety Data Sheets (MSDS)as required, covering the products offered. Reference to literature submitted
with a previous response or on file with the Buyer will not satisfy this provision.
1.94. INSPECTIONS - The City may, at reasonable times during the term hereof, inspect Contractor's facilities and
perform such tests, as the City deems reasonably necessary, to determine whether the goods and/or services
required to be provided by the Contractor under this Contract conform to the, terms and conditions of the Formal
Solicitation. Contractor shall make available to the City all reasonable facilities and assistance to facilitate the
performance of tests or inspections by City representatives, All tests and inspections shall be subject to, and made in
accordance with, the provisions of the City of Miami Ordinance No, 12271 (Section 18-79), as same may be
amended or supplemented from time to time.
1.45. INSPECTION OF RESPONSE - Responses received by the City pursuant to a Formal Solicitation will not
be made available until such time as the City provides notice Of a decision or intended decision or within 30 days
after bid closing, whichever is earlier. Bid/Proposal results will be tabulated and may be furnished upon request via
fax or e-mail to the Sr, Procurement Specialist issuing the .Solicitation. Tabulations also are available on the City's
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'Vet Site following recommendation for award.
1.46. INSURANCE - Within ten (I()) days after receipt of Notice of Award, the successful Contractor, shall furnish
Evidence of Insurance to the Purchasing Department, if applicable, Submitted evidence of coverage shall
demonstrate strict compliance to all requirements listed on the Special Conditions entitled "Insurance
Requirements". The City shall be listed as an "Additional Insured."
Issuance of a Purchase Order is contingent upon the receipt of proper insurance documents. If the insurance
certificate is received within the specified time frame but not in the manner prescribed in this Solicitation the
Contractor shall be verbally notified of such deficiency and shall have an additional five (5) calendar days to submit
a corrected certificate to the City. If the Contractor fails to submit the required insurance documents in the manner
prescribed in this Solicitation within fifteen (15) calendar days after receipt Notice of Award, the contractor shall be
in default of the contractual terms and conditions and shall not be awarded the contract. Under such circumstances,
the Bidder/Proposer may be prohibited from submitting future responses to the City. Information regarding any
insurance requirements shall be directed to the Risk Administrator, Department of Risk Management, at 444 SW
2nd Avenue, 9th Floor, Miami, Florida 33130, 305-416-1604.
The Bidder/Proposer shall be responsible for assuring that the insurance certificates required in conjunction with this
Section remain in effect for the duration of the contractual period: including any and all option terms that may be
granted to the Bidder/Proposer.
1.47. INVOICES - Invoices shall contain purchase order number and details of goods and/or services delivered
(i.e. quantity, unitprice, extended price, etc); and in compliance with Chapter 218 of the Florida Statutes (Prompt
Payment Act),
1.48. LOCAL PREFERENCE
A. City Code Section 18-85, states, "when a responsive, responsible non -local bidder submits the lowest bid
price, and the bid submitted by one or more responsive, responsible local 'bidders who maintain a local office, as
defined in Section 18-73, is within fifteen percent (1596) of the price submitted by the non -local bidder, then that
non -local bidder and each of the aforementioned responsive, responsible local bidders shall have the opportunity to
submit a best and finai bid equal to or lower than the amount of the low bid previously submitted by the non -local
bidder. Contract award shall be made to the lowest. responsive, responsible bidder submitting the lowest best and
final bid. In the case of a. tie in the best and final bid between a local bidder and a non -local bidder, contract award
shall be made to the local bidder."
B. City Code Section 18-86, states, "the RFP, RFI,I or RFQ, as applicable, may, in the exercise of the reasonable
professional discretion of the City Manager, director of the using agency, and the, Chief Procurement Officer,
include a five (5%) percent evaluation criterion in favor of proposers who maintain a local office, as defined in
Section 18-73. In such cases, this five (5%) percent evaluation criterion in favor of proposers who maintain a local
office will be specifically defined in the RFP, RFLI or RFQ, as applicable; otherwise, it will not apply.
1.49. MANUFACTURER'S CERTIFICATION - The City reserves the right to request from bidders/proposers a
separate Manufacturer's Certification of all statements made in the bid/proposal. Failure to provide such
certification may result in the rejection of bid/proposal or termination of contract/agreement, for which the
bidder/proposer must bear full liability.
1,50, MODIFICATIONS OR CHANGES IN PURCHASE ORDERS AND CONTRACTS - No contract or
understanding to modify this Formal Solicitation and resultantpurchase orders or contracts, if:applicable, shall be
binding upon the City unless made in writing by the Director of Purchasing of the City of .Miarni, Florida through
the issuance of a change order, addendum, amendment, or supplement. to the contract, purchase order or award sheet
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as appropriate.
1.51. NO PARTNERSIEP OR JOINT VENTURE - Nothing contained in this Contract will be deemed or
construed to create a partnership or joint venture between the City of Miarni and Contractor, or to create any other
similar relationship between the parties.
1.52. NONCONFORMANCE TO CONTRACT CONDITIONS - Items may be tested for compliance with
specifications under the direction of the Florida Department of Agriculture and Consumer Services or by other
appropriate testing Laboratories as determined by the City. The data derived from any test, for compliance with
specifications is public record and open to examination thereto in accordance with Chapter 119, Florida Statutes,
Items delivered not conforming to specifications may be rejected and returned al Bidder's/Proposer's expense.
These non -conforming items not delivered as per delivery date in the response and/or Purchase Order may result in
bidder/proposer being found in default in which event any and all re -procurement costs may be charged against the
defaulted contractor, Any violation of these stipulations may also result in the supplier's name being removed from
the City of Miami's Supplier's list,
1.53, NONDISCRIMINATION -Bidder/Proposer agrees that it shall not discriminate as to race, sex, color, age,
religion, national origin, marital status, or disability in connection with its performance under this formal
solicitation, Furthermore, Bidder/Proposer agrees that no otherwise qualified individual shall solely by reason of
his/her race, sex, color, age, religion, national origin, marital status or disability be excluded from the participation
in, be denied benefits of, or be subjected to, discrimination under any program or activity.
In connection with the conductof ids business, including performance of services and employment of personnel,
Bidder/Proposer shall not discriminate against any person on the basis of race, color, religion, disability, age, sex,
marital status or national origin. All persons having appropriate qualifications shall be afforded equal opportunity
for employment.
1.54. NON-EXCLUSIVE CONTRACT/ PIGGYBACK PROVISION - At such times as may serve its best
interest, the City of Miarni reserves the right to advertise for, receive, and award additional contracts or these herein
goods and/or services, and to make use of other competitively bid (governmental) contracts., agreements, or other
similar sources for the purchase of these goods and/or services as may be available.
It is hereby agreed and understood that this formal solicitation does not constitute the exclusive rights of the
successful bidder(s)/proposer(s) to receive all orders that may be generated by the City in conjunction with this
Formal Solicitation,
In addition, any and all commodities, equipment, and services required by the City in conjunction with construction
projects are solicited under a distinctly different solicitation process and shall not be purchased under the terms,
conditions and awards rendered under this solicitation, unless such purchases are determined to be in the best
interest of the City.
1.55. OCCUPATIONAL LICENSE - Any person, firm, corporation or joint venture, with a business location in
the City of Miami and is submitting a Response under this Formal Solicitation shall meet the City's Occupational
License 'fax requirements in accordance with Chapter 31.1, Article I of the City of Miami Charter, Others with a
location outside the City of Miami shall meet their local Occupational License Tax requirements. A copy of the
license must be submitted with the response; however, the City may at its sole option and in its best interest allow
the Bidder/Proposer to supply the license to the City during the evaluation period, but prior to award,
1.56. ONE PROPOSAL - Only one (1) Response from an individual, firm, partnership, corporation or joint venture
will be considered in response to this Formal Solicitation,
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1,57. OWNERSHIP OF DOCUMENTS - It is understood by and between the parties that any documents, records,,
files, or any other matter whatsoever which is given by the City to tin' successful Bidder/Proposer pursuant to this
formal solicitation shall at all times remain the property of the City and shall not be used by the Bidder/Proposer for
any other purposes whatsoever without the written consent of the City.
1.58. PARTIAL INVALIDITY - If any provision of this Contract or the application thereof to any person or
circumstance shall to any extent be held invalid, then the remainder of this Contract or the application of such
provision to persons or circumstances other than those as to which il is held invalid shall not be affected thereby, and
each provision of this Contract shall be valid and enforced to the fullest extent permitted by law.
1,59. PERFORMANCE/PAYMENT BOND —A Contractor may be required to furnish a Performance/Payment
Bond as part of the requirements of this Contract, in an amount equal to one hundred percent (100%) of the contract
price.
1.60. PREPARATION OF RESPONSES (HARDCOPY FORMAT) itidders/Proposers are expected to
examine the specifications, required delivery,drawings, and allspecial and general conditions., All bid/proposed
amounts, if required, shall be either typewritten or entered into the space provided with ink. Failure to do so will be
at the Bidder',s/Proposer's risk.
A. Each Bidder/Proposer shall furnish the information required in the Formal Solicitation, The Bidder/Proposer
shall sign the Response and print in ink or type the name of the Bidder/Proposer, address, and telephone number on
the face page and on. each continuation sheet thereof on which he/she makes an entry, as required.
B. If so required, the unit, price for each unit offered shall be ,shown, and such price shall include packaging,
handling and shipping, arid F.O.B. ,Miami delivery inside City premises unless otherwise specified. Bidder/Proposer
shall include in the response all !taxes, insurance, social security,, workmen's compensation, and any other benefits
normally paid by the Bidder/Proposer to !its employees. If applicable, a unit price shall be entered, in the "Unit
Price" colunm for each item, Based upon estimated quantity, an extended price shall be entered in the "Extended
Price" column for each item offered. In case of a discrepancy between the unit price arid extended price, the unit.
price will be presumed correct.
C. The .Bidder/Pi oposer must state a definite time, if required, in calendar days for deliveryof goods and/or
services.
D. The Bidder/Proposer should retain a copy of ail response documents for future reference,
E. All responses, as described,, must be fully completed and typed or printed in ink and must be signed in ink with
the firm's name and by an officer or employee having authority to bind the company or firm by his/her signature.
Bids/Proposals having any erasures or corrections must be initialed in ink by person signing the response or the
response may be rejected.
F. Responses are to remain valid for at least 180 days. Upon award of a contract, the content of the Successful
Bidder's/Proposer's !response may be included as part of the contract, at the City's discretion.
G. The City of Miami's Response Forms shall be used when Bidder/Proposer is submitting its response in
hardcopy format. Use of any other forms will result in the rejection of the response. IF SUBMITTING
HARDCOPY FORMAT, THE ORIGINAL AND THREE (3) COPIES OF THESE SETS OF FORMS, UNLESS
OTHERWISE SPECIFIED, AND ANY REQUIRED ATTACHMENTS MUST BE RETURNED TO THE CITY
OR YOUR RESPONSE MAY BE DEEMED NON -RESPONSIVE.
1.61. PRICE ADJUSTMENTS — Any price decrease effectuated during the contract period either by reason of
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market change or on the part of the contractor to other customers shall be passed cui to the City of
1.62, PRODUCT SUBSTITUTES -hi he event a particular awarded and approved manufacturer's product
becomes unavailable during the term or the Contract, the Contractor awarded that item may arrange with the City's
authorized representative(s) to supply a substitute product at the awarded price or lower, provided that a sample is
approved in advance of delivery and that the new product meets or exceeds all quality requirements.
1.63. CONFLICT OF INTEREST, AND UNETHICAL BUSINESS PRACTICE PROHIBITIONS -
Contractor represents and warrants to the City that it has not employed or retained any person or company employed
by the City to solicit or secure this Contract and that it has not offered to pay, paid, or agreed to pay any person any
fee, commission, percentage, brokerage fee, or gift of any kind contingent upon or in connection with, the award of
this Contract
1.64. PROMPT PAYMENT —Bidders/Proposers may offer a cash discount for prompt payment; however,
discounts shall not be considered in determining the lowest net. cost for response evaluation purposes.
Bidders/Proposers are required to provide their prompt payment terrns in the space provided on the Formal
Solicitation. If no prompt payment discount is being offered, the Bidder/Proposer must enter zero (0) for the
percentage discount to indicate no discount, If the Bidder/Proposer fails to enter a percentage, it is understood and
agreed that the terms shall be 2% 20 days, effective after receipt of invoice or final acceptance by the City,
whichever is later.
When the City is entitled to a cash discount, the period of computation will commence on the date of delivery, or
receipt of a correctly completed invoice, whichever is later. If an adjustment in payment is necessary due to
damage, the cash discount period shall commence on the date final approval for payment is authorized. If a discount
is part of the contract, but the invoice does not reflect the existence of a cash discount, the City is entitled to a cash
discount with the period commencing on the date it is determined by the City that a cash discount applies.
Price discounts off the original prices quoted on the Price Sheet will be accepted from successful bidders/proposers
during the term of the contract.
1.65, PROPERTY - Property owned by the City of Miami is the responsibility of the City of Miami. Such property
furnished to a Contractor for repair, modification, study, etc., shall remain the property of the City of Miami.
Damages to such property occurring while in the possession of the Contractor shall be the responsibility of the
Contractor. Damages occurring to such property while in route to the City of Miarni shall be the responsibility of the
Contractor. In the event that such property is destroyed or declared a total loss, the Contractor shall be responsible
for replacement value of the property at the current market value, less depreciation of the property, if any.
1.66. PROVISIONS BINDING - Except as otherwise expressly provided in the resulting Contract, all covenants,
conditions and provisions of the resulting Contract shall be binding upon and shall inure to the benefit of the parties
hereto and their respective heirs, legal representatives, successors and assigns.
1.67. PUBLIC ENTITY CRIMES - A person or affiliate who has been placed on the convicted vendor list
following a conviction for a public entity crime may not submit a response on a contract to provide any goods or
services to a public entity, may not submit a response on a contract with a public entity for the construction or repair
of a public building or public work, may not submit responses on leases of real property to a public entity, may not
be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public
entity, and may not transact business with any public entity in excess of the threshold amount provided in Section
287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor
list.
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1.68. PUBLIC RECORDS - Contractor understands that the public shall have access, at all reasonable times, to all
documents arid information pertaining to City contracts, subject to the provisions of Chapter .119, Florida Statutes,
and City Miami Code, Section 18, Article III, and agrees to allow access by the City and the public to all
documents subject to disclosure under applicable law, Contractor shall additionally comply with the provisions of
Section 119.0701, Florida Statutes, entitled "Contracts; public records", Contractor's failure or refusal to comply
with the provision of this section shall result in the immediate cancellation of this Contract by the City.
1.69. QUALITY OF GOODS, MATERIALS, SUPPLIES, PRODUCTS, AND EQUIPMENT - All materials
used in the manufacturing or construction of supplies, materials, or equipment covered by this solicitation shall be
new. The items bid/proposed must be of the latest make or model, of the best quality, and of the highest ,grade of
workmanship, unless as otherwise specified in this Solicitation,
1.70. QUALITY OF WORK/SERVICES - The work/services performed must be of the highest quality and
workmanship. Materials furnished to complete the service shall be new and of the highest quality except as
otherwise specified in this Solicitation.
1,71. REMEDIES PRIOR TO AWARD (Sec, 18-106) -ifprior to Contract award it is determined that a formal
solicitation or proposed award is in violation of law, then the solicitation or proposed award shall be cancelled by
the City Commission, the City Manager or the Chief Procurement Officer, as may be applicable, or revised to
comply with tile law.
1.72. RESOLUTION OF CONTRACT DISPUTES (Sec. 18-105)
(a) Authority to resolve Contract disputes, The City Manager, after obtaining the approval of the city attorney, shall
have the authority to resolve controversies between the Contractual Party and the city which arise under, or by virtue
of, a Contract between them; provided that, in cases involving an amount greater than $25,000, the City
Commission must approve the City Manager's decision, Such authority extends, without limitation, to controversies
based upon breach of Contract, mistake, misrepresentation or lack of complete performance, and shall be invoked by
a Contractual Party by submission of a protest to the City Manager,
(b) Contract dispute decisions, If a dispute is not resolved by mutual consent, the City Manager shall promptly
render a written report stating the reasons for the action taken by the City Commission or the City Manager which
shall be final and conclusive, A copy of the derision shall be immediately provided to the protesting party, along
with a notice of such party's right to seek judicial relief, provided that the protesting party shall not be entitled to
such judicial relief without first having followed the procedure set forth in this section.
1.73. RESOLUTION OF PROTESTED SOLICITATIONS AND AWARDS (Sec. 18-104)
(a) Right to protest. The following procedures, shall be used for resolution of protested solicitations and awards
except for purchases of goods, supplies, equipment, and services, the estimated cost of which does not exceed
$25,000.
Protests thereon shall be governed by the Administrative Policies and Procedures of Purchasing,
1,Protest of Solicitation.
1. Any prospective proposer who perceives itself aggrieved in connection with the solicitation of a Contract may
protest to the Chief Procurement Officer. A written notice of intent to file a protest shall be filed with the Chief
Procurement Officer within three days after the Request for Proposals. Request, for Qualifications or Request for
Letters of Interest is published in a newspaper of general circ,ulation. A notice of intent to file a protest is considered
filed when received by the Chief .Procurement Officer; or
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ii. Any prospective bidder who intends to contest the Solicitation Specifications or a solicitation may protest to the
Chief Procurement Officer. A written notice of intent to file a protest shall be filed with the Chief Procurement
Officer within three days after the solicitation is published in a newspaper of general circulation. A notice of intent
to file a protest is considered filed when received by the Chief Procurement Officer,
2. Protest of Award.
i. A written notice of intent to file a protest. shall be filed with the Chief Procurement Officer within two days after
receipt by the proposer of the notice of the City Manager's recommendation for award of Contract, which will be
posted on the City of Miami Purchasing Department website, in the Supplier Corner, Current Solicitations and
Notice of Recommendation of Award Section. The notice of the City Manager's recommendation can he found by
selecting the details of the solicitation and is listed as Recommendation of Award Posting Date and
Recommendation of Award To fields. If "various" is indicated in the Recommendation of Award To field, the
Bidder/Proposer must contact the buyer for that solicitation to obtain the suppliers name. It shall be the
responsibility of the Bidder/Proposer to check this section of the website daily after responses are submitted to
receive the notice; or
ii. Any actual Responsive and Responsible Bidder whose Bid is lower than that of the recommended bidder may
protest to the Chief Procurement Officer, A written notice of intent to file a protest shall be filed with the Chief
Procurement Officer within two days after receipt by the bidder of the notice of the city's determination of non
responsiveness or non responsibility. The receipt by bidder of such notice shall be confirmed by the city by facsimile
or electronic mail or U.S. mail, return receipt requested. A notice of intent to file a protest, is considered filed when
received by the Chief Procurement Officer,
A written protest based on any of the foregoing must be submitted to the Chief Procurement Officer within five
(5) days after the date the notice of protest was filed. A written protest is considered filed when received by the
Chief Procurement Officer.
The written protest may not challenge the relative weight of the evaluation criteria or the formula for assigning
points in making an award determination,
The written protest shall state with particularity the specific facts and law upon which the protest of the solicitation
or the award is based, and shall include all pertinent documents and evidence and shall be accompanied by the
required Filing Fee as provided in subsection (O. This shall form the basis for review of the written protest and no
facts, grounds, documentation or evidence .not contained in the protester's submission to the Chief Procurement
Officer at the time of filing the protest shall be permitted in the consideration of the written protest.
No time will be added to the above limits for service by mail, In computing any period of time prescribed or allowed.
by this section, the day of the act, event or default from which the designated period of time begins to run shall not
be included, 'flrie last day of the period so computed shall be included unless it is a Saturday. Sunday or legal holiday
in which event the period shalt run until the end of the next day which is neither a Saturday, Sunday or legal holiday.
Intermediate. Saturdays, Sundays and legal holidays shall be excluded in the computation of the time for filing.
(b) Authority to resolve protests, The Chief Procurement Officer shall have the authority, subject to the approval of
the City Manager and the city attorney, to settle and resolve any written protest. The Chief Procurement Officer
shall obtain the requisite approvals and communicate said decision to the protesting party and shall submit said
decision to the City Commission within 30 days after he/she receives the protest. In cases involving more than
$25,000, the decision of the Chief Procurement Officer shall be submitted for approval or disapproval thereof to the
City Commission after a favorable recommendation by the city attorney and the City Manager,
(c) Compliance with filing requirements. Failure of a party to timely file either the notice of intent to file a protest or
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the written prcuest, together with the required Filing Fee as provided in subsection (f), with the Chief Procurement
Officer within the time provided in subsection (a), above, shall constitute a forfeiture of such party's right to file a
protest pursuant to this section, The protesting party shall :not be entitled to seek judicial relief without first having
followed the procedure set forth in this section
(d) Stay of Procurements during protests., Upon receipt of a mitten protest filed pursuant to the requirements of this
section, the city shall not proceed further with the solicitation or with the award of the Contract until the protest is
resolved by the Chief Procurement Officer or the City Commission as provided in subsection (b) above, unless the
City Manager makes a written determination that: the solicitation process or the Contract award must be continued
without delay in order to avoid an immediate and serious danger to the public health, safety or welfare.
(e) Costs, All costs accruing from a protest shall be assumed by the protestor.
ff) Filing Fee, The written protest must be accompanied by a filing fee in, the forrn of a money order or cashier's
check payable to the city in an amouni equal to one percent of the amount of the Bid or proposed Contract, or
$5000.00, whichever is less, which filing fee shall guarantee the payment of all costs which may be adjudged against
the protestor in any administrative Or court proceeding. If a protest is upheld by the Chief Procurement Officer
and/or the City Commission, as applicable, the filing fee shall be refunded to the protestor less any costs assessed
under subsection (e) above. If the protest is denied, the filing fee shall be forfeited to the city in lieu of payment of
costs for the administrative proceedings as prescribed by subsection (e) above.
1.74. SAMPLES - Samples of items, when required, musi be submitted within the time specified at 110 expense to
the City. If not destroyed by testing, bidder(s)/proposer(s) will be notified to remove samples, at their expense,
within 30 days after notification. Failure to remove the samples will result: in the samples becoming the property of
the City.
1 75 SELLING, TRANSFERRING OR ASSIGNING RESPONSIBILITIES - Contractor shall not sell, assign,
transfer or subcontract at any time during Me term of the Contract, or any part. of its operations, or assign any portion
of the performance required by this contract, except under and by virtue of written permission granted by the City
through the proper officials, which may be withheld or conditioned, in the City's sole discretion,
1.76. SERVICE AND WARRANTY —When specified, the bidder/proposer shall define all warranty, service and
replacements that will be provided. Bidders/Proposer must explain on the Response to what extent warranty and
service facilities are available. A copy of the manufacturer's warranty, if applicable, should be submitted with your
response.
1.77. SILENCE OF SPECIFICATIONS - The apparent silence, of these specifications and any supplemental
specification as to any detail or the omission from it of detailed description concerning any point shall be regarded
as meaning that only the best commercial practices are to prevail and that only materials cif first quality and correct
type, size and design are to be used, All workmanship and services is to be first quality,
All interpretations of these specifications shall be made upon the basis of this statement.
If your firm has a current contract with the State of Florida, Department of General Services, to supply the items on
this solicitation, the bidder/proposer shall quote not more than the contract price: failure 1,o comply with this request.
will result in disqualification of bid/proposal,
1.78. SUBMISSION AND RECEIPT OF RESPONSES - Responses shall be submitted electronically via the
Oracle System or responses may be submitted in hardcopy format to the City Clerk, City Hall, 3500 Pan American
Drive, Miami, Florida :33133-5504, at or before, the specified closing date and time as designated in the IFB, RFP,
RFQ, or RFLI. NO EXCEPTIONS, Bidders/Proposers are welcome to attend the solicitation closing: however, no
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award will be made at that time.
A. Hardcopy responses shall be enclosed in a sealed envelope., box package. The face of the envelope, box or
package must show the hour and date specified for receipt of responses, the solicitation number and title, and the
name and return address of the Bidder/Proposer. Hardcopy responses not submitted on the requisite Response
Forms may he rejected. Hardcopy responses received at any other location than the specified shall be deemed
non -responsive.
Directions to City Hall:
FROM 7FHE NORTH:. 1-95 SOUTH UNTIL IT "TURNS INTO USI, US1 SOUTH TO 27TH AVE., TURN LEFT,
PROCEED SOUTH TO SO. BAYSHORE DR, (3RD TRAFFIC LIGHT), TURN LEFT, 1 BLOCK TURN RIGHT
ON PAN AMERICAN DR, CITY HALL IS AT THE END OF PAN AIVIERICAN DR, PARKING IS ON RIGHT,
FROM THE SOUTH: US1 NORTH TO 27TH AVENUE, TURN RIGHT, PROCEED SOUTH TO SO.
BAYS! ORE DR. (3RL) TRAFFIC LIGHT), TURN LEFT, 1 BLOCK TURN RIGHT ON PAN AMERICAN DR.
CITY HALL IS AT THE END OF PAN AMERICAN DR, PARKING IS ON RIGHTf.
B. Facsimile responses will not be considered.
C. Failure to follow these procedures is cause for rejection of bid/proposal,
D. The responsibility for obtaining and submitting a response on or before the close date is solely arid strictly the
responsibility of Bidder/Proposer, The City of Miami is not responsible for delays caused by the United States mail
delivery or caused by any other occurrence. Responses received after the solicitation closing date and time will be
returned unopened, and will not be considered for award,
E. Late responses will be rejected.
F. All responses are subject to the conditions specified herein, Those which do not comply with these conditions
are subject to rejection.
G. Modification of responses already submitted will be considered only if received at the City before the time and
date set for closing of solicitation responses. All modifications must be submitted via the Oracle System or in
writing. Once a solicitation closes (closed dale and/or time expires), the City will not consider any subsequent
submission which alters the responses.
H. If hardcopy responses are submitted at the same time for different solicitations, each response must be placed
in a separate envelope, box, or package and each envelope, box or package must contain the information previously
stated in 1.82.A.
1.79. TAXES - The City of Miami is exempt from any taxes imposed by the State and/or Federal Government,
Exemption certificates will be provided upon request. Notwithstanding, Bidders/Proposers should be aware of the
fact that all materials and supplies which are purchased by the Bidder/Proposer for the completion of the contract is
subject to the Florida State Sales Tax in accordance with Section 212,08, Florida Statutes, as amended and all
amendments thereto and shall be paid solely by the Bidder/Proposer.
1.80. TERMINATION —The City anager on behalf of the City of Miami reserves the right to terminate this
contract by written notice to the contractor effective the date specified in the notice should any of the following
apply:
A. The contractor is determined by the City to be in breach of any of the terms and conditions of the contract.
B. The City has determined that such termination will be in the best interest of the City to terminate the contract for
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its own convenience:
C. Funds are not available to cover the cost of the goods and/or services, The City's obligation is contingent upon
the availability of appropriate funds.
1.81. TERMS OF PAYMENT - Payment will be made by the City after the goods and/or services awarded to a
Bidder/Proposer have been received, inspected, and found to comply with award specifications, free of damage or
defect, and properly invoiced. No advance payments of any kind will be made by the City of Miami,
Payment shall be made after delivery, within 45 days of receipt of an invoice and authorized inspection and
acceptance of the goods/services and pursuant to Section 218.74, Florida Statutes and other applicable law.
1.82. TIMELY DELIVERY - Time will be of the essence for any orders placed as a result of this solicitation. The
City reserves the right to cancel such, orders, or any part thereof, without obligation, if delivery is not made within
the tirrie(s) specified on their Response. Deliveries are to be made during regular City business hours unless
otherwise specified in the Special Conditions.
1.83. TITLE - Title to the goods or equipment shall not pass to the City until after the City has accepted the
goods/equipment or used the goods, whichever comes first
1.84.TRADE SECRETS EXECUTION TO PUBLIC RECORDS DISCLOSURE- All Responses submitted to
the City are subject to public disclosure pursuant to Chapter 119, Florida Statutes. An exception maybe made for
"trade secrets,'"
if the Response contains information that constitutes a "trade secret", all material that qualifies for exemption from
Chapter 119 must be submitted in a separate envelope, clearly identified as "TRADE SECRETS EXCEPTION,"
with your firm's name and the Solicitation number and title marked on the outside.
Please be aware that the designation of an item as a trade secret by you may be challenged in court by any person,
By your designation of material in your Response as a "trade secret" you agree to indemnify and hold harmless the
City for any award to a plaintiff for damages, costs or attorney's fees and for costs and attorney's fees incurred by
the City by reason of any legal action challenging your claim,
1.85. UNAUTHORIZED WORK OR DELIVERY OF GOODS- Neither the qualified Biddeasl/Proposer(s) nor
any of his/her employees shall perform any work or deliver any goods unless a change order or purchase order is
issued and received by the Contractor. The qualified Bidder(s)/Proposer(s) shall not he paid for any work performed
or goods delivered outside the scope of the contract or any work performed by an employee not otherwise
previously authorized.
1.86. USE OF NAME - The City is not engaged in research for advertising, sales promotion, or other publicity
purposes. No advertising, sales promotion or other publicity materials containing information obtained from this
Solicitation are to be mentioned, or imply the name of the City, without, prior express written permission of the City
Manager or the City Commission,
1.87. VARIATIONS OF SPECIFICATIONS - For purposes of solicitation evaluation, bidders/proposers must
indicate any variances from the solicitation specifications and/or conditions, no matter how slight. If variations are
not stated on their Response, it will be assumed that the product fully complies with the City's specifictitions,
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2. Special Conditions
2.1. PURPOSE
The purpose of this Solicitation is to add members to an Established Pool of Pre -qualified Appraisers, as specified
herein, from a source(s), fully compliant with the terms, conditions and stipulations of the solicitation,
2.2. DEADLINE FOR RECEIPT OF REQUEST FOR ADDITIONAL INFORMATION/CLARIFICATION
Any questions or clarifications concerning this solicitation shall be submitted by email or facsimile to the
Procurement Department, Attn: Richard McLaren, C.P.M.; fax: (305) 400-5104 or email: rmclarengmiamigov.com,
and a copy filed with the Office of the City Clerk, pursuant to Section 1.20. Cone of Silence, The solicitation title
and number shall be referenced on all correspondence, All questions must be received no later than Wednesday
December 6th, 2018 9;00 AM. All responses to questions will be sent to all prospective bidders/proposers in the
form of an addendum. NO QUESTIONS WILL BE, RECEIVED VERBALLY OR AFTER SAID DEADLINE.
2.3. PRE-BII
None
PRE -PROPOSAL CONFERENCE
2.4. TERM OF CONTRACT
The Proposer(s) qualified to provide service(s) requested herein ("the Successful Proposer(s)") shall be required to
execute a contract ("the Contract") with the City, which shall include, but not limited to, the following terms:
L The term of the original Contract(s) awarded shall be two (2) years with, an option to renew for three (3)
additional one (I) year periods. Notwithstanding the foregoing, the Contract term for the added Vendors will be
concurrent with the term or the originally solicited, and awarded contract.
2. The City shall have the option to extend or terminate the Contract.. Continuation of the contract beyond the
initial period is a City prerogative; not a right of the Proposer. This prerogative will be exercised only when such
continuation is clearly in the best interest of the City.
2.5. CONDITIONS FOR RENEWAL
Each renewal of this contract is subject to the following:
(1) Continued satisfactory performance compliance with the specifications, terms and conditions established
herein.
(2) Availability of funds
2.6. NON -APPROPRIATION OF FUNDS
In the event no funds or insufficient funds are appropriated and budgeted or are otherwise unavailable in any fiscal
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period for payments due under this contrail, then the City, upon written notice to the Successful Proposer(s) or his
assignee of such occurrence, shall have the unqualified right to terminate the contract without any penalty or
expense to the City. No guarantee, warranty or representation is made that any particular or any project(s) will be
awarded to any firm(s),
2.7. MINIMUM QUALIFICATIONS OF PROPOSER(S)
Proposers interested in responding to this Request for Qualifications must provide information on their
qualifications and experience, key personnel's experience, and previous similar projects, Additionally:
1. Proposer shall be licensed as a State of Florida Certified General Appraiser; Proposer must submit proof of
appraisal license;
2. Proposer shall have at least one designation from a recognized appraisal association; Proposer must submit
proof of professional appraisal designation;
3. Proposer shall have been in the Appraisal business a minimum of three (3) years;
4. Proposer shall have never filed for bankruptcy, be in sound financial condition, have no record of pending
lawsuits or criminal activities of a moral turpitude, and shall not have conflicts of interest which rnay be of
embarrassment to the City:
5. Proposer shall not have any member, officer, or stockholder that, is in arrears or is in default of any debt or
contract involving the City, is a defaulter or surety otherwise, upon any obligation to the City, and/or has failed to
perform faithfully any previous contract with the City;
6, Proposers shall have sufficient personnel to provide required services.
See "Instructions for submitting a response": (Submission Requirements). "Submittals that do not respond
completely to all requirements may be considered non -responsive and eliminated from the process",
2.8. CONTRACT EXECUTION
Contract will be negotiated between the Sucessful Proposer(s) and the City.
2,9, STRUCTURE OF PRE -QUALIFIED POOL
It is the City's intention to add members through this RFQ to an established Pool of Pre -qualified Members (RFQ
498330) to be available to provide the requested services as needed. The Pool will have as many members as the
City deems appropriate.
Selected Proposers shall sign a Professional Services Agreement (PSA) with the City in order to be accepted into the
Pool. The Agreement will include general legal and administrative provisions and may be updated periodically to
reflect new City requirements. These Agreements will be supplemented, upon project award, by
individual invitation for Quotes (IFQ) specifying project scopes, payment, and price information. Selection into the
Pool does not guarantee work and does not provide for exclusive rights to provide these services to the City.
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At the Citys discretion, members may be dropped from the Pool for lack of participation, which shall include failure
over a reasonable time to propose on IFQ's offered through the Pool,poor performance on an IFQ., being in arrears
in obligations to the City, and any other reason specified by City policies and procedures, Selected Proposers shall
maintain the qualifications of the firm and proposed personnel at a standard consistent and equivalent to the
qualification submissions submitted in response to this RFQ,
Notwithstanding the proposal due date, the City reserves the right to "open" the. Pool to accept. new proposals and
add new members,at its sole discretion. The addition of new members will be done thougha competitive process
using the evaluation Request for Qualification (RFQ) criteria established in the previous solicitation. RFQ 498330
and in this solkilation.
2,10. INVITATION FOR QUOTE PROCESS
When the City identifies a .work. assignment, Pool Members shall be requested to prepare a written fee
proposal/quote for the services, An acceptable proposal shall include a comprehensive total .fee in an amount the
City determines is fair, competitive, and reasonable considering the scope and complexity of the work assignment.
There shall he no additional reimbursable out-of-pocket expenses or travel time. Award for a specific assignment
shall be made to the Pool Member who agrees to meet timetable for completion., if applicable: is able to satisfy
experience requil ements,. when applicable, as described below„ and offers the overall lowest total cost to provide the
requested services. The Director of the Department of Real Estate and Asset. Management (DREAM) for work
assignments, shall reserve the right to accept or reject any and al proposal/quotes for services from respondents,
Pool Members may be required to satisfy an experience requirement for a specific, special purpose a.ssignment. In
order to be considered for the award of such an assignment,. the Pool Member must be able to provide verifiable
experience evidencing similar projects completed, at the request of the City.
The City offers no guarantee as to the number or frequency of work assign.ments, or the amount of payments to be
received by the Successful Proposer(s) under the terms of the Contract,. The City further reserves the right to add
additional qualified appraisal firms at any time shouldit be deemed necessary by the City, and in the City's best
interest
2.11. INSURANCE REQUIREMENTS
INDEMNIFICATION
Successful Proposer(s) shall pay on behalf of, indemnify, hold/save harmless and defend the City and its officials
harmless, from and against any and all claims, liabilities, losses, and causes of action, which may arise out
of Successful Proposer(s) performance under the provisions of the contract, including all acts or omissions to act on
the part of Successful Proposer(s), including any person performing under this Contract for or on ,Successful
Proposer(s) behalf, provided that any such claims, liabilities, losses and causes of such action are not attributable to
the negligence or misconduct of the City and, from and against any orders, judgments or decrees which may be
entered and which may result from this Contract, unless attributable to the negligence or misconduct of the City, and.
from and against all costs, attorneys' .fees, expenses and liabilities incurred in the defense of any such claim, or the
investigation thereof.
The Successful Proposer(s)shall furnish to City of Miami, c/o Procurement Department, 444 SW 2nd Avenue, 6th
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Floor, Miami, Florida 33130, Certificate(s) of Insurancewhich indicate that insurance coverage has been obtained
which meets the requirements as outlined below:
(1) Commercial General Liability (Primary & Non Contributory)
Limits of Liability
Bodily Injury and Property Damage Liability
Each Occurrence $1,000,000
General Aggregate Limit $2,000,000
Products/Completed Operations $1,000,000
Personal and Advertising Injury $1,00.0,000
Endorsements Required
City of Miami included as an additional insured (CG 2010 11/85)
Contingent Liability (Independent Contractors Coverage)
Contractual Liability
Premises & Operations Liability
(2)
Business Automobile Liability
Limits of Liability
Bodily Injury and Property Damage Liability
Combined Single Limit
Any Auto/Owned Autos/Scheduled
Including Hired, Borrowed or Non -Owned Autos
Any One Accident $ 1,000,000
Endorsements Required
City of Miami included as an Additional Insured; Employees as insureds
(3) Worker's Compensation
1,imits of Dabiiiiy
Statutory -State of Florida
Waiver of subrogation
(4) Einployer's Liability
Limits of Liability
$100,000 for bodily injury caused by an accident, each accident,
$100,000 for bodily injury caused by disease, each employee
$500,000 for bodily injury caused by disease, policy limit
(5) Professional Liability/Error's & Omissions
Limits of Liability
Bodily Injury and Property Damage Liability
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Each Claim $1,000,000
Aggregate $1,000,000
BINDERS ARE UNACCEPTABLE.
The insurance coverage required shall include those classifications, as listed in standard liability insurance manuals,
which most nearly reflect the operations of the bidder.
All insurance policies required above shall be issued by companies authorized to do business under the laws of the
State or Florida, with the following qualifications:
The Company must be rated no less than "A" as to management, and no less than "Class V" as to financial strength,
by the latest edition of Bests Insurance Guide, published by A,M. Best Company, Oldwick, New Jersey, or its
equivalent: All policies and/or certificates of insurance are subject to review and verification by Risk Management
prior to insurance approval.
Certificates will indicate, no modification or change in insurance shall be made without thirty (30) days written
advance notice to the certificate holder,
NOTE: CITY RFQ NUMBER AND/OR TITLE OF RFQ MUST APPEAR ON EACH CERTIFICATE.
Compliance with the foregoing requirements shall not relieve the Successful Proposer(s) of his liability and
obligation under this section or under any other section of this Agreement.
--If insurance certificates are scheduled to expire during the contractual period, the Successful Proposer(s) shall
be responsible for submitting new or renewed insurance certificates to the City at a minimum of ten (10) calendar
days in advance oCsuch expiration.
—In the event that expired certificates are not replaced with new or renewed certificates which cover the
contractual period, the City shall:
(6) Suspend the contract until such time as the new or renewed certificates are received by the City in the manner
prescribed in the Request for Qualificalions,
(7) The City may, at its sole discretion, terminate this contract for cause and seek re -procurement damages from
the Successful Proposer(s) in conjunction with the General and Special Terms and Conditions of the RFQ.
The Successful Proposer(s) shall be responsible for assuring that the insurance certificates required in conjunction
with this Section remain in force for the duration of the contractual period; including any and all option terms that
may be granted to the Successful Proposer.
2.12. PROJECT MANAGER
Upon award, Successful Proposer(s) shall report and work directly with a designated Project Manager for the City:
Project Manager will be designated by the Department Director or his designee on a project by project basis:
2.13. SUBCONTRACTOR(S) OR SUBCONSULTANT(S)
Sub -Contractors will not be allowed on this contract.
2.14. TRUTH IN NEGOTIATION CERTIFICATE
Execution of the resulting agreement by the Successful Proposer shall act as the execution of truth -in -negotiation
certificate stating that wage rates and other factual unit costs supporting the compensation of the resulting
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Agreement are accurate, complete, and current at the time of contracting. The original contract price and any
additions thereto shall be adjusted to exclude any significant sums by which City determines the contract price was.
increased clue to inaccurate, incomplete, or non -current wage rates and other factual unit costs. Al! such contract
adjustments shall be made within one (1) year following the end of the Agreetnem.
2.15. TERMINATION
A. FOR DEFAULT
The City reserves the right to terminate this contract upon ten (10) days written notice of default, in part. or in whole,
or place the Successful Proposer on probation in the event that the Successful Proposer fails to perform in
accordance with the terms and conditions contained herein. This may be done by the City without recourse or
penalty to the City. The City further reserves the right to suspend or debar the Successful Proposer in accordance
with the appropriate City ordinances, resolutions and/or administrative/implementing orders. In the event of
termination for default, the City may procure the required goods and/or services from any source and use any
method deemed in its best interest. All re -procurement costs shall be borne by the Successful Proposer(s).
B. FOR CONVENIENCE
°The City Manager may terminate this Contract, in whole or in part, upon 30 days prior written notice when it is in
the best interest of the City of Miami. If this Contract is far supplies, products, equipment, or software, and so
terminated for the convenience by the City of Miami the Successful Proposer(s) will be compensated in accordance
with an agreed upon adjustment of cosi, To the extent that this Contract is for services and so terminated, the City of
Miami shall be liable only for payment in accordance with the payment provisions of the Contract for those services
rendered prior to termination.
2.16. ADDITIONAL TERMS AND CONDITIONS
No additional tei ITIS and conditions included as part of your solicitation response shall be evaluated or copsidered,
and any and all such additional terms and conditions shall have no force or effect and are inapplicable to this
solicitation, lisubmitted either purposely, through intent or design, or inadvertently, appearing separately in
transmittal letters, specifications, literature., price lists or warranties, it. is understood and agreed that the General
Conditions and Special Conditions in this solicitation are the only conditions applicable to this solicitation and that
the Proposers authorized signature affixed to the Proposer's acknowledgment form attests to this. If a Professional
Services Agreement (PSA) or oiler Agreement is provided by the City and is expressly included as part of this
solicitation, no additional terms or conditions which materially or substantially vary, modify or alter the terms or
conditions of the PSA or Agreement,. in the sole opinion and reasonable discretion of the City will be considered.
Any and all such additional terms and conditions shall have no force or effect and are inapplicable to this PSA or
Agreement,
2.17. UNAUTHORIZED WORK
The Successful Proposer(s) shall not begin work until a Purchase Order is received.
2.18. EVALUATION/SELECTION PROCESS AND CONTRACT AWARD
The procedure for response evaluation, selection and award is as follows:
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(1) Solicitation issued;
(2) Receipt of responses;
(3) Opening and listing of all responses received;
(4) The Procurement staff will review each submission for compliance with the submissionrequirements of the
solicitation, including verifying that each submission includes all documents required;
(5) An Evaluation Committee, appointed by the City Manager, comprised of appropriate City Staff and members
of the community, as deemed necessary, with the appropriate technical expertise and/or knowledge, shall meet to
evaluate each response in accordance with the requirements of this solicitation and based upon the evaluation
criteria as specified herein;
(3) The Evaluation Committee reserves the right, in its sole discretion, to request Proposers to make oral
presentations before the Committee as part of the evaluation process. The presentation may be scheduled at the
convenience of the Evaluation Committee and shall be recorded;
(7) The Evaluation Committee reserves the right to rank the proposals and shall make its recommendation to the
City Manager requesting the authorization to negotiate. No Proposer(s) shall have any rights against the City arising
from such negotiations thereof:
(8) The City Manager reserves the right to reject the Cominittee's recommendation to negotiate, and instruct
the Committee to re-evaluate and, make ,another recommendation, or reject all !Proposals, No Proposer(s) shall have
any rights against the City arising froin such termination thereof;
(9) If the City Manager accepts the Committee's recommendation to negotiate, Procurement will negotiate a final
contract. with the Successful Proposer(s), and submit a recommendation to award a contract(s) to the City Manager:
(10) The City Manager shall then submit his or her award recommendation and negotiated contract (s) to the City
Commission for approval, Written notice shall be provided to all proposers.
(11) If the City Manager accepts the award recommendation, the City Manager's recommendation for award of
contract will be posted on the City of Miarni Procurement Department website, in the Supplier Corner, Current
Solicitations and Notice of Recommendation of Award Section. The notice of the City Manager's recommendation
can be found by selecting the details of the solicitation and is listed as Recommendation of Award Posting Date and
Recomine,ndation of "Award To" fields. If "various" is indicated in the Recommendation of "Award 'Po" field, the
Proposer(s) must contact the Contracting Officer for that solicitation to obtain the suppliers names.
(12) After reviewing the. City Manager's recommendation, the City Commission may:
1. Approve the City Manager's award recommendation and negotiated contract(s);
2. Reject all proposals;
3. Reject all. proposals and instruct the City Manager to reissue a solicitation; or
4, Reject all proposals and instruct the City Manager to enter into competitive negotiations with at least three
individuals or firms possessing the ability to perform such services and obtain information from said individuals or
firms relating to experience, qualifications and the proposed cost or fee for said services, and make a
recommendation to the city commission,
The decision of the City Commission shall be final, Written notice of the award shall be given to, the successful
proposer,
2,19. PRIMARY CLIENT (FIRST PRIORITY)
The Successful Proposer(s) agree upon award of this contract that the City of Miami shall be its primacy client and
shall be serviced first during a schedule conflict arising between this contract and any other contract Successfu
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Proposer(s) may have with any other cities and/or counties to perform similar services as a result of any catastrophic
events such as tornadoes, hurricanes, severe storms or any other public emergency impacting various areas during or
approximately the same time.
2.20. CHANGES/ALTERATIONS
Proposer may change or withdraw a Proposal at any time prior to Proposal submission deadline; however, no oral
modifications will be allowed, Written modifications shall not be allowed following the proposal deadline,
2.21. LIMITED CONTRACT EXTENSION
Any specific work assignment which commences prior t() the termination date of the contract and which will extend
beyond the termination date shall, unless terminated by mutual agreement by both parties, continue until completion
at the same rates, terms and conditions as ,set forth herein,
2.22. RECORDS
During the contract period, and for a least five (5) subsequent years thereafter, Successful Proposer shall provide
City access to all files and records maintained on the City's behalf,
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3. Specifications
3.1. SPECIFICATIONS/SCOPE OF WORK
BACKGROUND
In 2016 the City Awarded RFQ 498330 which established a Pool of Pre -qualified appraisers. The purpose or this
RFQ is to add appraisers to the established Pool to provide general appraisal services to the City, as may be
required. Successful Proposers participate in the Pool for non -recurring projects. The Pool represents a diverse range
of functional and industry expertise from both generalized and specialty appraisal firms having experience with
public sector clients.
h is the City's intention to solicit proposals from as many proposers as are inIerested, to evaluate submissions, and
to add members to the established pool of Pre -qualified proposers.
3,2 APPRAISAL SERVICES
For appraisal services, the Pre -qualified Proposer(s) shall make a field inspection and identification of the property
and shall make such investigations and studies as are appropriate and necessary to enable the Pre -qualified
Proposer(s) to derive sound conclusions and to prepare the appraisal report to be furnished under the contract. Upon
completion of the inspections, investigations and studies, the successful Proposer(s) shall prepare, furnish and
deliver to the City an appraisal report in four hard copies and a digital PDF copy covering said property. The
appraisal analysis and report shall', in form and substance, conform and comply with the most current Uniform
Standards of Professional Appraisal Practice (USPAP) as promulgated by the Appraisal Standards Board of the
Appraisal Foundation, and the requirements of the State of Florida for state -certified appraisers. The appraisal report
shall present adequate factual data to support each rate, percentage or amount used in sufficient detail to permit a
comprehensive review of the appraisal report; shall relate conclusions to those facts, and shall include other items
identified as necessary in this section.
Appraisers who also serve as Real Estate Brokers may provide a Broker Opinion of Value (BOV) or Broker Price
Opinion ("BPO") for a specific property. A BOV or BPO shall be an indication of the current market price for a
particular parcel of land, building, or combination of land and budding that takes into account current area rates;
value of similar surrounding properties; asking prices; local and regional sold prices; demographic reports; the costs
associated with getting the property ready for sale, and the costs of any needed repairs. The cost of the BOV or BPO
shall not exceed $500 per parcel.
Appraisal assignments will either require a complete appraisal or limited appraisal, and may be either an Appraisal
Report or Restricted Appraisal Report, as defined by USPAP. A specific description of the property to be appraised
or the type of consultation required will be furnished at the time the IFQ is issued. The type of appraisal (Appraisal
Report or Restricted Appraisal Report) will be identified in the IFQ. Normally, the property description will include
as much pertinent information as the City has available. (see Section 2,10)
3.3 APPRAISAL CONSULTING SERVICES
Additionally, Pre -qualified Proposer(s) nraybe required to provide appraisal related consulting services may range
from verbal discussions to written reports, or may include such activities as the gathering of data including, but not
limited to, operating expense data and vacancy rates and capitalization rates, preparing market analysis, furnishing
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and analyzing comparable sales, furnishing and analyzing rental data, performing market studies of current.
inventories and absorption rates, preparing highest and best use analysis, 'preparing feasibilitystudies, preparing
discounted cash flow analysis, providing testimony, or providing other appraisal related or consulting .services,
These services shall also be performed in accordance with (JSPAP,
3.4 APPRAISAL REPORTS
The City may request that a Pre -qualified Proposer provide a written fee proposal/quote to prepare an appraisal
report or, alternatively, to review an appraisal report or BOV, if a Pro -qualified. Proposer prepares an appraisal
report, then said appraiser will not be allowed to act as a Reviewer for that report.
3.5 REVIEWER RESPONSIBILITIES
Reviewers shall take a proactive role and become familiar with the assignment, The Reviewer shall:
a) Examine the appraisal report to ascertain whether the conclusions are consistent with the data reported based
on pertinent market facts and with other generally known information;
b) Verify if appropriate SOURTS are used to substantiate statements of fact;
c) Consult with the appraiser for clarifications, discussion of highestand best use, sales analyses, and cost
methods;
d) Comply with Standard 3 of the USPAP..
The City shall retain the sale discretion to accept or reject the Reviewer's conclusions regarding a Pre -qualified
Proposer's report. The Pre -qualified Proposer whose appraisal report is under review shall not be entitled to
additional fees for correcting or supplementing a final appraisal report submitted in order to have said report comply
with and/or contain the information required by the City for the appraisal report. assignment.
3.6 ADDITIONAL SERVICES
Pic' Proposers may be required to appear at pre-trial preparations and testify as to their valuations at trial.
Therefore, Pre -qualified Proposers shall submit along with the proposal/quote far the services, an hourly fee in the
event expert testimony is required.
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4. Submission Requirements
4.1. SUBMISSION REQUIREMENTS
Proposers shall carefully follow the format and instruction outlined below, observing format requirements where
indicated. Proposals should contain the information itemized below and in the order indicated. This information
should be provided for the Proposer and any sub -consultants to be utilized for the work contemplated by this
Solicitation. Proposals submitted which do not include the following items may be deemed non -responsive and may
not be considered for contract award.
ALL RESPONSES WILL BE SUBMITTED IN HARDCOPY TO INCLUDE ONE ORIGINAL AND FOUR
(4) COPIES AND ONE (I) CD or THUMB DRIVE. NO ON-LINE SUBMITTALS WILL BE ACCEPTED.
The responses to this solicitation shall be presented in the following format. Failure to do so may deem your
Proposal non -responsive.
A. Include the signed RFQ Certification Statement.
B. Include in detail, evidence that clearly demonstrates Proposer meets the minimum qualification
requirements, pursuant: to Section 2.6, Proposer's Minimum Qualifications
1. Cover Page
The Cover Page should include the Proposer's name; Contact Person for the RFQ; Firm's Liaison for the Contract;
Primary Office Location; Local Business Address, if applicable; Business Phone and Fax Numbers, and Email
addresses; Title of RFQ: RFQ Number; Federal Employer Identification Number or Social Security Number.
2. Table of Contents
The table of contents should outline, in sequential order, the major sections of the Proposal as listed below,
including all other relevant documents requested for submission. All pages of the Proposal, including the enclosures,
should he clearly and consecutively numbered and correspond to the table of contents.
3. Executive Summary
A signed and dated summary of not niore than two (2) pages containing overall qualifications and experience,
approach and methodology, as contained in the submittal.
4. Proposer(s) Information
A. Minimum qualifications of proposer(s)
Proposers interested in responding to the Request for Qualifications must provide information on theirlheir qualifications
and experience, key personnels experience, and previous similar projects. Additionally:
Proposer(s) shall be licensed as a State of Florida Certified General Appraiser; Proposer(s) must submit proof of
appraisal license including License type and License number. License status must be Active to be eligible for
consideration;
Z. Proposer shall have. at least one designation from a recognized appraisal association such as General Appraisal
Member of the Appraisal Institute (MAI), Senior Residential Appraisal (SRA), Accredited Senior Appraiser
(ASA) (type), Counselor of Real Estate (CRE), Certified Commercial Investment Member (CCIM), General
Accredited Appraiser (GAM/Residential Accredited Appraiser (RAA). Proposer must submit proof of professional
appraisal designation;
3. Proposer shall have been in the Appraisal business a minimum of three (3) years;
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4. Proposer shall have never ffled for bankruptcy, be in sound financial condition, have no record of pending
lawsuits or criminal activities of a moral turpitude, and shall not have conflicts of interest which may be of
embarrassment to the City;
5. Proposer shall not have any member, officer,. or stockholder that is in arrears or is in default of any debt or
contract involving the City, is a defaulter or surety otherwise,upon any obligation to the City, and/or has failedto
perform faithfully any previous contract with the City:
;13. Proposer's General Experience. Qualifications and Past Performance
1, Describe the Proposer's experience and past performance and state the number of years that the Proposer has
been in existence, the current number of employees, and the primary markets served.
2. Brief description of Proposer's relevant experience and past. performance with municipal government and other
levels of government clients providing similar services during the past three (3) years. Contact information for the
recipients or the similar services must be provided.
3. Describe the Proposer's ability and readiness to begin to provide services, and the availability to. accommodate
th.e scheduling of the City.
4. Provide responses to all items listed below. Provide details where applicable.
a) Has Proposer ever been hired as an expert witness in litigation? If so attach a list and description including
court case;
b) Has Proposer ever served as an expert witness in an Eminent Domain matter'? If so,, please attach a list and
description of same including court case;
c) Has Proposer authored any published appraisal and/or valuation materials? If so please attached a list and
description;
d) Has Proposer ever served as an instructor in any real estate valuation classes or courses? If so, please attach a
list and description.
5. List all contracts which the Proposer has performed for the City of Miami, and include for each project: (1)
name, address and contact person of the City Department which achninisters or administered the contract, (ii)
description and scope of work, (1H) statement of whether Proposer was the prime contractor or subcontractor, and
(iv) the relevance of the experience to this solicitation.
6.. Proposers shall have sufficient personnel to provide required services.
7.. Provide any information concerning any prior or pending litigation, either civil or criminal, involving a
governmental agency or which may affect the performance of the services to be rendered herein, in which the
Proposer, any of its employees or subcontractors is or has been involved within the 'last three years. Specifically
provide a 'brief list of any pending, settled, triedor other litigation the Proposer has been involved in for the past five
years relating to real estate appraisal services performed by the Proposer, with a description of the case(s) and their
current status, if applicable.
C. Proposer's Specific Experience and Qualifications
Specify number of summary and/or self-contained reports within the past: five (5) years: experience pained_
rA_ust be USPAP compliant.(A-N).
1, Indicate below your firm's specific areas of expertise (if applicable), Please attach a list identifying a
representative sample of comparable projects. Include Proposer's past performance and experience with regard to
the particular area of expertise and state the number of years that the Proposer has worked in this area.
a. Agricultural 1.....,and
b, Wetlands/Environmentally Sensitive Land
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c. Condemnation
d. Partial Interests
e. Residential Land
f, Commercial Land
g. Development Land
h. Office
i. Retail
j. Industrial & Warehouse
k. Improved Residential (single unit)
1, Multi Family
m. Affordable Housing
n. Other Specialties
2. Provide one sample Work Product for a maximum of three (3) front any of the cornparable contracts identified in
question 2 above that best demonstrates the Proposer's ability to provide the services requested,
3. Describe any relevant industry/subject matter expertise, including any experience in the particular area of
expertise, and any unique or proprietary project methodologies relevant to the requested services,
4. Provide approximate number or assignments where Proposer has testified in court.
5. Provide approximate number of assignments where Proposer has testified at a deposition.
6. Provide approximate number of condemnation appraisal assignments.
D. Experience and Oualifications of Key Personnel Performing Services
I. Provide an organization chart showing all key personnel, including their titles, who may be assigned to projects
resulting from this Solicitation. This chart must clearly identify the Proposer's key personnel includes all partners,
managers, associates and other professional staff that will perform work and/or services in this project.
2. Describe the experience, qualifications and other vital information, including relevant experience on previous
similar projects, of the identified personnel who will be assigned to projects resulting from this
Solicitation. Specifically, the qualifications and experience should include the property types appraised. This
information shall also include the general functions to be performed by the key individuals and the subcontractors or
sub -consultants, indicating all persons who will be working directly on the appraisal reports.
Note: After qualification submission, but prior to the award of any contract or work order issued as a result
or this RFQ, the Proposer has a continuing obligation to advise the City of any changes, intended or
otherwise, to the key personnel identified in its qualifications submission.
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5, Evaluation Criteria
5,1, EVALUATION CRITERIA
Each proposal will be reviewed to determine if the proposal iS responsive to the submission requirements outlined in
this solicitation. A responsive proposal is one which follows the requirements of this solicitation, includes all
docum.entation, is submitted in, die format outlined in this solicitation, is of timelysubmission., and has the
appropriate signatures as req d. Failure t.o comply with these requirements may result. in the proposal being
deemed non -responsive.
Proposals will be evaluated by a Review Team which will evaluate and rank proposals on criteria listed below, The
Review Team will be comprised of appropriate City personnel and members of the community, as deemed
necessary, with the appropriate experience and/or knowledge, striving to ensure that the Review Team is balanced
with regard to both ethnicity and gender. The criteria are itemized with their respective weights for a maximum
total of one hundred (l 00) points per Review Team member.
Technical Criteria and Point$
1. Proposer's general appraisal experience, qualifications, and past performance, including sample work products.
(45 points maximum)
2. Proposer's specific appraisal experience, qualifications, and past performance, including sample work products.
(35 points maximum)
3. Experience and Qualifications of Proposer's Key Persormel, (20 points maximum)
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City of
3 M
Florida Contract No. RFQ 762383
EXHIBIT B
SCOPE OF WORK
INVITATION FOR QUOTE (IFQ) PROCESS
The City has established a Pool of Pre -qualified Appraisers/Consultants that represent a diverse
range of functional and industry expertise from both generalized and specialty appraisal firms. Pre -
qualified Appraisers/Consultants will participate in the Pool for non -recurring projects as may be required
by the City.
2. APPRAISAL SERVICES
For appraisal services, the Pre -qualified Appraisers/Consultants shall make a field inspection and
identification of the property and shall make such investigations and studies as are appropriate and
necessary to enable the Pre -qualified Appraisers/Consultants to derive sound conclusions and to prepare
the appraisal report to be furnished under the contract, Upon completion of the inspections, investigations
and studies, the Pre -qualified Appraisers/Consultants shall prepare, furnish and deliver to the City an
appraisal report in four hard copies and a digital PDF copy covering said property. The appraisal analysis
and report shall, in form and substance, conform and comply with the most current Uniform Standards of
Professional Appraisal Practice (USPAP) as promulgated by the Appraisal Standards Board of the
Appraisal Foundation, and the requirements of the State of Florida for state -certified appraisers. The
appraisal report shall present adequate factual data to support each rate, percentage or amount used in
sufficient detail to permit a comprehensive review of the appraisal report; shall relate conclusions to those
facts, and shall include other items identified as necessary in this section.
Pre -qualified Appraisers/Consultants who also serve as Real Estate Brokers may provide a
Broker Opinion of Value (BOV) or Broker Price Opinion ("BPO") for a specific property. A BOV or BPO
shall be an indication of the current market price for a particular parcel of land, building, or combination
24
General. Appraisal Services (oriOnal contract RFQ 498330)
City af Miami, Florida Contract No, RFQ 762383
of land and building that takes into account current area rates; value of similar surrounding properties;
asking prices; local and regional sold prices; demographic reports; the costs associated with getting the
property ready for sale, and the costs of any needed repairs, The cost of the BOV or BPO shall not
exceed five hundred dollars ($500) per parcel.
Appraisal assignments will either require a complete appraisal or limited appraisal, and may be
either an Appraisal Report or Restricted Appraisal Report, as defined by USPAP. A specific description
of the property to be appraised or the type of consultation required will be furnished at the time the IFQ
is issued, The type of appraisal (Appraisal Report or Restricted Appraisal Report) will be identified in the
IFQ. Normally, the property description will include as much pertinent information as the City has
available, (See RFQ Section 2.10)
APPRAISAL CONSULTING SERVICES
Additionally, Pre -qualified Appraisers/Consultants may be required to provide appraisal related
consulting services which may range from verbal discussions to written reports, or may include such
activities as the gathering of data as it relates to:
A. Operating expense
B. Vacancy rates
C. Capitalization rates
D. Preparing market analysis
E. Furnishing and analyzing comparable sales
F. Furnishing and analyzing rental data
G. Performing market studies of current inventories and absorption rates
H. Preparing highest and best use analysis
Preparing feasibility studies
25
General Appraisal Services (original contract RFQ 49833
City of Miami, Fiorida Contract No, RFQ 762383
Preparing discounted cash flow analysis
K. Providing testimony
L. Providing other appraisal related or consulting services,
These services shall also be performed in accordance with USPAP.
4. APPRAISAL REPORTS
The City may request that Pre -qualified Appraisers/Consultants provide a written fee
proposal/quote to prepare an appraisal report or, alternatively, to review an appraisal report or BOV. If
Pre -qualified Appraisers/Consultants prepare an appraisal report, then said appraiser will not be allowed
to act as a Reviewer for that report.
shalk
REVIEWER RESPONSIBILITIES
Reviewers shall take a proactiverole and become familiar with the assignment. The Reviewer
A. Examine the appraisal report to ascertain whether the conclusions are consistent with the
data reported based on pertinent market facts and with other generally known information;
B. Verify if appropriate sources are used to substantiate state
ents o
fact;
0. Consult with the appraiser for clarifications, discussion of highest and best use, sales
analyses, and cost methods;
D. Comply with Standard 3 of the USPAP.
The City shall retain the sole discretion to accept or reject the Reviewer's conclusions regarding
a Pre -qualified Appraisers/Consultant's report. The Pre -qualified Appraisers/Consultants whose
26
General .Appraisal Setviees (ortginal contract RFQ 4983.3.0)
City of Miami, Florida Contract No. RFQ 762383
appraisal report is under review shall not be entitled to additional fees for correcting or supplementing a
final appraisal report submitted in order to have said report comply with and/or contain the information
required by the City for the appraisal report assignment.
6. ADDITIONAL SERVICES
Pre -qualified Appraisers/Consultants may be required to appear at pre-trial preparations and
testify as to their valuations at trial. The City will notify the Pre -qualified Appraisers/Consultants when
these services are required.
27
General Appraisal Services (original contract RFQ 4983.30)
City of Miami, Florida Contract No, RFQ 762383
EXHIBIT C
FORM B
Price Schedule
General Appraisal Services
PRICES SHOWN BELOW ARE NOT TO EXCEED MAXIMUM HOURLY RATES
Prices shown below are the maximum hourly rates for providing the services as stated in the Scope of
Work (Exhibit 13), or any Invitation to Quote (IFQ) through the Pool. The rates remain firm and fixed for
the initial term two years (2) of the Contract as well as any renewals.
Name
Title
Hourly
Rate for
Appraisal
Reports
Hourly Rate
for Additional
Services (i.e.
Expert
Testimony)
Hourly Rate
for
Reviewing
Reports
Hourly Rate
for
Appraisal
Consulting
Services
Robert D. Miller
Sr. Appraiser
$170.00
$195.00
$170.00
$170.00
Henry Newstreet
Sr, Appraiser
5170.00
$195.00
5170.00
$170.00
Barry Lazarus
Staff Appraiser
$130.00
Si3O.0O
$130.00
$130 00
Giselle Pinares
Researcher
$90.00
$90.0O
$90.00
$90.00
$90.00
$90.00
$90.00
Anna M. Blanco
Researcher
$90.00
Notes:
1. The maximum hourly rates include all out-of-pocket expenses, including materials, employee travel,
per diem, and miscellaneous costs and fees, as they shall not be reimbursed separately by the City.
2. Notwithstanding the maximum hourly rates above, compensation to the Pre -qualified
Appraisers/Consultants shall be based on the projects asSigned. The Pre -qualified
Appraisers/Consultants shall not exceed the maximum hourly rates when calculating fees to provide
the requested services.
3. The positions/services identified in the following table by the Pre -qualified Appraisers/Consultants
should be the same as the personnel identified in the Pre -qualified Appraisers/Consultants
Information under Key Personnel and Sub Consultants Performing Services. The City expects that
these personnel will be performing the services as needed under any IFQ.
4. The City reserves the right to negotiate the rates for renewal and/or extension periods.
28
General Appraisa Services (origiaal contract RFQ 4.98 : 0'
City of Miami, Florida Contract No, RFQ 762 83
EXHIBIT D
INSURANCE REQUIREMENTS
INSURANCE REQUIREMENTS -PROFESSIONAL SERVICES AGREEMENT GENERAL
APPRAISAL SERVICES
1. Commercial General Liability (Primary & Non Contributory)
A. Limits of Liability
Bodily Injury and Property Damage LiabiUty
Each Occurrence $1,000,000
General Aggregate Limit $2,000,000
Personal and Adv. Injury $1,000,000
Products/Completed Operations $1,000,000
B. Endorsements Required
City of Miami listed as an additional insured (CG 2010 11/85)
Contingent and Contractual Liability (Independent Consultants Coverage)
Premises and Operations Liability
Primary Insurance Clause
I. Business Automobile Liability
A. Limits of Liability
Bodily Injury and Property Damage Liability
Combined Single Limit
Any Auto
Including Hired, Borrowed or Non -Owned Autos
Any One Accident $1,000,000
B. Endorsements Required
City of Miami listed as an additional insured
111. Worker's Compensation
Limits of Liability
Statutory -State of Florida
Waiver of subrogation
IV. Employer's Liability
A. Limits of Liabilily
$100,000 for bodily injury caused by an accident, each accident
$100,000 for bodily injury caused by disease, each employee
$500,000 for bodily injury caused by disease, policy limit
29
General Appraisal Services (origuuI coiitracit RFQ 498330)
City of Miami, Florida Contract No, RFQ 762383
V. Professional Liability/Errors and Omissions Coverage
Limits of Liability
Combined Single Limit
Each Claim
General Aggregate Limit
Retro Date Included
$1,000,000
$1,000,000
The above policies shall provide the City of Miami with written notice of cancellation or material
change from, the insurer not less than (30) days prior to any such cancellation or material
change, on in accordance to policy provisions.
Companies authorized to do business in the State of Florida, with the following qualifications, shall
issue all insurance policies required above:
The company must be rated no less than "A-" as to management, and no less than "Class V" as to
Financial Strength, by the latest edition of Best's Insurance Guide, published by A.M. Best Company,
Oldwick, New Jersey, or its equivalent. All policies and for certificates of insurance are subject to review
and verification by Risk Management prior to insurance approval.
NOTE: CITY RFQ NUMBER AND/OR TITLE OF RFQ MUST APPEAR ON EACH CERTIFICATE.
Compliance with the foregoing requirements shall not relieve the Consultant of his liability and obligation
under this section or under any other section of this Agreement.
--If insurance certificates are scheduled to expire during the contractual period, the Consultant shall
be responsible for submitting new or renewed insurance certificates to the City at a minimum of ten (10)
calendar days in advance of such expiration.
--In the event that expired certificates are not replaced with new or renewed certificateshich cover
the contractual period, the City shall:
(6) Suspend the contract until such time as the new or renewed certificates are received by the City in
the manner prescribed in the Request for Qualifications.
(7) The City may, at its sole discretion, terminate this contract for cause and seek re -procurement
damages from the Consultant in conjunction with the General and Special Terms and Conditions of the
RFQ.
The Consultant shall be responsible for assuring that the insurance certificates required in conjunction
with this Section remain in force for the duration of the contractual period; including any and all option
terms that may be granted to the Consultant.
30
General Appraisal' Services (originai contract RFQ. 498330)
City of Miami, Florida Contract No, RFQ 762383
EXHIBIT E
CORPORATE RESOLUTIONS
AND EVIDENCE OF QUALIFICATION TO DO BUSINESS IN FLORIDA
(To be provided upon document execution)
31
General Appratsal Scrviccs (original contract R14.). 49.8330)
City af Mam, Florida Contract No, RFQ 762383
CORPORATE RESOLUTION
WHEREAS, The Urban Group, Inc, ., a Florida
corporation, desires to enter into an agreement with the City of Miarni for the purpose of
performing the work described in the contract to which this resolution is attached; and
WHEREAS, the Board of Directors at a duly held corporate meeting has considered the
matter in accordance with the bylaws of the corporation;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS that this
Corporation is authorized to enter into the Agreement with the City, and the President
and the Secretary are hereby authorized and directed to execute the Agreement in the
name of this Company and execute any other document and perform any acts in
connection therewith as may be requested to accomplish its purpose.
IN WITNESS VVHEREOF, this 20th day of February , 2018
The Urban Group, Inc,
An: Flo ida Corporation
By:
Print Name: Howard W. Steinholz
Title:
("Consultant")
(sign)
President
(sign)
Print Name: Robert D. Miller
32
General Appraisal Services (original contract FQ19833(
1 8-30/Fehruary 13, 20 08