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Home My WebLink AboutBack-Up DocumentsDocuSign Envelope ID: 644CCB98-98EA-4811-9497-FC5077A1 F75C CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM TO: Arthur Noriega V DATE: October 19, 2022 FILE: City Manager a 2u-e FROM: H ^ P rez, CPPO Director/Chief Procurement Officer Department of Procurement SUBJECT: Recommendation for Approval to Award Background Screening Services REFERENCES: Invitation for Bid ("IFB") No. 1436386 ENCLOSURES: Bid Tabulation RECOMMENDATION: Based on the findings below, the Department of Procurement ("Procurement"), on behalf of the Department of Human Resources ("HR"), hereby recommends award of Invitation for Bid, ("IFB") No. 1436386 to the sole responsive and responsible Bidder, Fingerprint Mendez LLC., ("Fingerprint Mendez") for the provision of Background Screening Services. The awarded vendor, contract terms, and amount is shown below: IFB No./Title: Contract Amount: Contract Term: Recommended Vendor: IFB No. 1436386, Background Screening Services $50,000.00 Three (3) years with the option to renew for two (2) additional one (1) year periods. Fingerprint Mendez LLC BACKGROUND: On June 27, 2022, Procurement, on behalf of HR issued IFB No. 1436386, for background screening services, under full and open competition. On July 27, 2022, at bid closing one (1) bid was received. The bid was evaluated and tabulated following the guidelines published in the IFB. For both Group 1: Local Office Background Screening Services and Group 2: Mobile Background Screening Services, Fingerprint Mendez was the sole responsive and responsible Bidder. Therefore, Procurement is respectfully requesting to award both groups to Fingerprint Mendez in order for HR to process background checks for new and current employees. Consequently, approval of this recommendation to award is requested. Your signature below will indicate approval of this recommendation. Approved: DocuSig netl by: Qvg uv 10ont-iy �650CF W]2D Arthur ioriega V, City Manager Date: October 25, 2022 1 09:57:13 EDT c: Angela Roberts, Director, Department of Human Resources Larry Spring, CPA, Chief Financial Officer, Assistant City Manager Yadissa A. Calderon, CPPB, NIGP-CPP, Assistant Director, Department of Procurement PR23002 Solicitation #1436386 - Invitation for Bid for the Provision of Background Screening Services Group 1- Local Office Background Screening Services: VECHS- Volunteer/ Seasonal Staff Fingerprinting Supplier Fingerprint Mendez LLC Unit Price Qty/Unit First Offer - $50.00 200 / each Total Price $10,000.00 Group 1- Local Office Background Screening Services: VECHS-Employee/Year-Round Staff Fingerprinting Services Supplier Unit Price Qty/Unit Fingerprint Mendez LLC First Offer - $60.00 200 / each Total Price $12,000.00 Attch. Docs Attch. Docs Group 1- Local Office Background Screening Services: VECHS-Employee/ Year -Round Staff Fingerprinting Services- RESCREENING Supplier Fingerprint Mendez LLC Unit Price Qty/Unit First Offer - $60.00 I400/each Total Price $24,000.00 Attch. Docs local Office Background Screening Services: CLEARINGHOUSE- Employee fingerprinting Services ( Inclusive of Photo) Supplier 'Fingerprint Mendez LLC Unit Price First Offer - $85.00 Qty/Unit 40 /each Total Price $3,400.00 Attch. Docs Group 2- Mobile Background Screening Services: Mobile Screening Services Unit Price Supplier 'Fingerprint Mendez LLC First Offer - Qty/Unit 1 /job Total Price Attch. Docs Supplier Totals Fingerprint Mendez LLC Responsive & Responsible $49,400.00 Created By: Victoria Giraldo Procurement Contracting Officer Approved By: Department: Title: Dept of Human Resources Assistant Director IFB- 1436386 Background Screening Services The following survey was sent to vendors registered in the Bidsync system who were notified of the business opportunity. The above referenced solicitation was advertised on June 27, 2022. The due date was July 27, 2022. The solicitation did have any minimum requirements; however, these would not preclude firms from responding that were regularly engaged in the concession service business. Due to the lack of participation, Procurement reached out to the some of the identified firms to determine whether barriers existed in their decision not to compete. For example: 1. My firm was unable to meet the timeline for proposal due date. 2. My firm did not have enough time to ask the City questions necessary to complete the IFB. 3. Not enough information in the Scope of Services. 4. Not Interested. Following are the responses as received from firms: Firm Response 1 Alliance Background Brittany Bollinger bbollinger@alliancebackground.com Not Interested 2 BCS Background Screening LLC Joe Gonzalez support@usabackground.com Not Interested 3 Business Trade and Services dba BTS Consulting Rene Bueno rbueno@btsquality.com No Reply 4 CJIS Group Kelsie Stephens Region1@cjisgroup.com No Reply 5 Accurate Biometrics Tammi Kestel tkestel@accuratebiometrics.com No Reply 6 AccuSource Cynthia Woods Diversity@accusource-online.com Missed reading email notification for the solicitation. 7 Capital Live Scan Jeff Schweig securescreeningsolutions@gmail.com No Reply 8 Datamaxx Applied Technologies, Inc. Leah Oconnor bids@datamaxx.com No Reply 9 NMS Management Services Elaine Taule etaule1@nms123.com Email Rejected 10 Truescreen Elise Schlosser eschlosser@truescreen.com No Reply 8/20/24, 3:06 PM Detail by Entity Name DIVISION OF CORF% rare official of Amalfi websi y Department of State / Division of Corporations / Search Records / Search by Entity Name / Detail by Entity Name Florida Limited Liability Company FINGERPRINT MENDEZ LLC Filing Information Document Number FEI/EIN Number Date Filed Effective Date State Status Last Event Event Date Filed Event Effective Date Principal Address 2301 NW 7th Street suite C MIAMI, FL 33125 Changed: 03/13/2022 Mailing Address 2301 nw 7th St Suite C MIAMI, FL 33125 L16000191906 81-4193775 10/17/2016 11 /01 /2016 FL ACTIVE LC STMNT OF RA/RO CHG 06/14/2018 NONE Changed: 03/21/2020 Registered Agent Name & Address MENDEZ, ERNESTO 2145 NW 19TH TER APT 202 MIAMI, FL 33125 Name Changed: 06/14/2018 Authorized Person(s) Detail Name & Address Title MGR https://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=EntityName&directionType=Initial&searchNameOrder=F1 NGERP... 1 /2 8/20/24, 3:06 PM MENDEZ, ERNESTO J, SR. 2145 NW 19TH TER APT 202 MIAMI, FL 33125 Annual Reports Report Year Filed Date 2022 03/13/2022 2023 03/11/2023 2024 03/17/2024 Document Images 03/17/2024 --ANNUAL REPORT 03/11 /2023 -- ANNUAL REPORT 03/13/2022 --ANNUAL REPORT 03/13/2021 --ANNUAL REPORT 03/21 /2020 --ANNUAL REPORT 01 /14/2019 --ANNUAL REPORT 06/14/2018 -- CORLCRACHG 03/10/2018 --ANNUAL REPORT 02/07/2017 --ANNUAL REPORT 10/17/2016 -- Florida Limited Liability View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format Detail by Entity Name Florida Department of State, Division of Corporations https://search.sunbiz.org/Inquiry/CorporationSearch/Search ResultDetail?inquirytype=EntityName&directionType=Initial&searchNameOrder=F1 NGERP... 2/2 CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM TO: Annie Perez, Director DATE: July 19, 2024 SUBJECT: Background Screening /, Services FROM: Chris Eva r �,,J � - REFERENCES: Director Parks and Recreation Department ENCLOSURES: Procurement Department The Parks and Recreation Department ("Parks") is requesting an increase of contracted capacity for IFB 1436386 for Background Screening Services, which was originally approved by the City Manager at $50,000. Parks estimates to spend an approximate $70,000 yearly on background screening services for our incoming or promotional employee onboarding. The increase in capacity will allow for the continuance of services in order to be in compliance with local, state and federal guidelines for those working with children. If you have any questions, please contact Parks Director Chris Evans at (305) 416-1300. O B/e c City of Miami 143686 Solicitation Tabulation Packet for Solicitation 143686 Invitation for Bid for the Provision of Background Screening Services Solicitation Designation: Public City of Miami 7/25/2022 BidSync p. 1 City of Miami 143686 Solicitation #143686 - Invitation for Bid for the Provision of Background Screening Services Creation Date Jun 17, 2022 Start Date Jun 27, 2022 3:58:35 PM EDT End Date Jul 25, 2022 2:00:00 PM EDT Awarded Date Not Yet Awarded 143686-01-01 Group 1- Local Office Background Screening Services: VECHS- Volunteer/ Seasonal Staff Fingerprinting Supplier * * Unit Price Qty/Unit Total Price Attch. Docs Fingerprint Mendez LLC First Offer - $50.00 200 / each $10,000.00 Y Product Code:99041-20 Agency Notes: Supplier Product Code: Supplier Notes:This price per applicant ($50.00) for Volunteer/seasonal staff would be while we use ORI: V13020045 in the FDLE transmission. By the way, in Solicitation 143686, section 2.12, we only see VECH ORI E13020045. If our company needs to use E1302004 for Volunteer/seasonal staff, instead of V13020045, then the price would be $60.00. Be advised that the state and national fees change while using E13020045 and V13020045. Feel free to call our company (305-986-8368) to clarify this point. 143686-01-02 Group 1- Local Office Background Screening Services: VECHS-Employee/Year-Round Staff Fingerprinting Services Supplier Unit Price I Qty/Unit Total Price I Attch. Docs 7/25/2022 BidSync p. 2 City of Miami 143686 Fingerprint Mendez LLC I I First Offer- $60.00 Product Code:99041-20 Agency Notes: 200 / each Supplier Product Code: Supplier Notes: $12,000.00 143686-01-03 Group 1- Local Office Background Screening Services: VECHS-Employee/ Year -Round Staff Fingerprinting Services - RESCREENING Supplier Fingerprint Mendez LLC Product Code:99041-20 Agency Notes: Unit Price First Offer- $60.00 Qty/Unit 400 / each Total Price Attch. Docs $24,000.00 Supplier Product Code: Supplier Notes: 143686-01-04 Group 1- Local Office Background Screening Services: CLEARINGHOUSE- Employee fingerprinting Services ( Inclusive of Photo) Supplier Fingerprint Mendez LLC Unit Price First Offer - $85.00 Product Code:99041-20 Agency Notes: Qty/Unit Total Price 40 / each $3,400.00 Attch. Docs Supplier Product Code: Supplier Notes: 143686-02-01 Group 2- Mobile Background Screening Services: Mobile Screening Services Supplier Fingerprint Mendez LLC Unit Price Qty/Unit First Offer - 1 /job Total Price Attch. Docs Product Code:99041-20 Supplier Product Code: Agency Notes: iSupplier Notes: Supplier Totals f Fingerprint Mendez LLC $49,400.00 (5/5 items) Bid Contact ERNESTO MENDEZ ernesto@fingerprintmendez.com Ph 305-986-8368 Address 2301 NW 7TH ST SUITE C MIAMI, FL 33125 Agency Notes: Supplier Notes: Head Attch: DUI ** 7/25/2022 BidSync p. 3 City of Miami 143686 Fingerprint Mendez LLC Bid Contact ERNESTO MENDEZ ernesto@fingerprintmendez.com Ph 305-986-8368 Address 2301 NW 7TH ST SUITE C MIAMI, FL 33125 Item* Line Item Notes Unit Price Qty/Unit Attch. Docs 143686--01-01 Group 1- Local Office Background Screening Services: VECHS- Volunteer/ Seasonal Staff Fingerprinting Supplier Product Code: Supplier Notes: This price per applicant ($50.00) for Volunteer/seasonal staff would be while we use ORI: V13020045 in the FDLE transmission. By the way, in Solicitation 143686, section 2.12, we only see VECH ORI E13020045. If our company needs to use E13020045 for Volunteer/seasonal staff, instead of V13020045, then the price would be $60.00. Be advised that the state and national fees change while using E13020045 and V13020045. Feel free to call our company (305-986-8368) to clarify this point. First Offer - $50.00 200 / each $10,000.00 Y 7/25/2022 BidSync p. 4 City of Miami 143686 143686--01-02 Group 1- Local Supplier Product Code: First Offer - $60.00 200 / each $12,000.00 Office Background Screening Services: VECHS- E m p loyee/Yea r- Round Staff Fingerprinting Services 143686--01-03 Group 1- Local Supplier Product Code: First Offer - $60.00 400 / each $24,000.00 Office Background Screening Services: VECHS- E m p loyee/ Yea r- Round Staff Fingerprinting Services - RESCREENING 143686--01-04 Group 1- Local Supplier Product Code: First Offer - $85.00 40 / each $3,400.00 Office Background Screening Services: CLEARINGHOUSE - Employee fingerprinting Services Inclusive of Photo) Lot Total $49,400.00 Item # Line Item Notes Unit Price Qty/Unit Attch. Docs 143686--02-01 Group 2- Mobile Background Screening Supplier First Offer- 1 /job Services: Mobile Screening Services Product Code: Lot Total $0.00 7/25/2022 BidSync P. 5 City of Miami Supplier Total $49,400.00 143686 7/25/2022 BidSync p. 6 City of Miami 143686 Fingerprint Mendez LLC Item: Group 1- Local Office Background Screening Services:VECHS- Volunteer/ Seasonal Staff Fingerprinting Certification Statement.pdf Certifications 1.pdf Certifications 2.pdf Certification Proof -Qualification -User Agreement- Florida Department of Law Enforcement FDLE-Fingerprint Mendez LLC_RLS.pdf BID Submittal.pdf Vendor Participation Form.pdf 1-City of Miami Local Office Certification.pdf 2-City of Miami Local Office Certification-Information.pdf 3-City of Miami Local Office Certification-Notarization.pdf Item Response 1.pdf Item Response 2.pdf IFB 1436386.pdf Invitation for BID -Solicitation 143686.pdf Certified Copy of the Articles of Organization -Fingerprint Mendez LLC.pdf FDLE Congratulation to Fingerprint Mendez LLC for operating in compliance with RLSUA.pdf Florida Department of Agriculture Authorization to perform fingerprinting.pdf Local Office- Picture 1.pdf Local Office- Picture 2.pdf Local Office- Picture 3.pdf Local Office- Picture 4.pdf MOBILE CAPABILITY PICTURE.pdf Trusted Agent -National Air Transportation Security System Badge.pdf 7/25/2022 BidSync P. 7 City of Miami 143686 Florida Department of Law Enforcement Criminal Justice Information Services Division Registered Livescan Submitter User Agreement for Private Entities and Private Vendors Submitting Electronic Fingerprints to the Florida Department of Law Enforcement Under Section 943.053(13), Florida Statutes REGISTERED LIVESCAN SUBMITTER NAME: FINGERPRINT MENDEZ LLC I. This Agreement, entered into between the Florida Department of Law Enforcement, User Services Bureau (hereinafter referred to as FDLE), an agency of the state of Florida with headquarters in Tallahassee, Florida, and Registered Livescan Submitter Business Name: FINGERPRINT MENDEZ LLC (hereinafter referred to as RLS), located at: Address: 1750 NW 27th AVE SUITE 204 Address 2: City: MIAMI State: FLORIDA Zip Code: 33125 II. Purpose A. Electronic fingerprint submissions are required by the Federal Bureau of Investigation for conducting criminal history record checks on a variety of professions, occupations, positions, and licenses, and must precede the release of national criminal history record information to the non -criminal justice licensing, employing or regulatory agency authorized to receive such information. B. FDLE, as the central repository of criminal history record information within the state of Florida and the state point of contact for the FBI, receives and processes electronic fingerprint submissions through FDLE's Civil Workflow Control System (CWCS). 7/25/2022 BidSync p. 11 City of Miami 143686 ' FDLE Agreement with Registered Livescan Submitter Page 2 of 6 C. Section 943.053(13)(a), F.S., requires private electronic fingerprint submitters agree to comply with certain standards and practices, as set forth in the terms and conditions of this User Agreement. D. As used in this Agreement, a Registered Livescan Submitter (RLS) is a private vendor engaged in the business of providing electronic fingerprint submission services on behalf of entities or agencies authorized to request criminal history background checks for official purposes, and/or is a private entity submitting the electronic fingerprints of its own employees, volunteers, contractors and associates for permitted criminal history record checks. The RLS is a private contractor, and is not acting as the agent or servant, or on behalf, of FDLE or any government agency, except for the limited purpose of acting as a "third -party agent" for FDLE within the intent of Section 501.171(6), Florida Statutes. III. Standards To meet statutory requirements for the acceptance and processing of electronic fingerprint submissions, the RLS agrees to adhere to the standards listed below. The RLS must have documented processes in place to ensure all employees are meeting the appropriate standards. A. Identification 1. All persons responsible for collecting personal identifying information from individuals being fingerprinted must meet current written state and federal guidelines as outlined in the "Identity Verification Program Guide," and incorporated here by reference, available on FDLE's website. At a minimum, identification of individuals must be verified by requiring them to provide a valid government -issued form of identification that includes the individual's photograph. B. Quality Standards 1. Persons responsible for capturing electronic fingerprints will be familiar with the proper procedures for capturing fingerprints as outlined in "Recording Legible Fingerprints," and incorporated here by reference, available on FDLE's public website. 2. No person may take his or her own fingerprints for submission to FDLE under any circumstances. The RLS will not allow a person to roll his or her own fingerprints on any livescan device operated by the RLS. The RLS may not scan hard copy fingerprint cards for submission to FDLE that are, or should reasonably be known to have been, taken by the person. 3. Fingerprint images submitted electronically must adhere to FDLE and the FBI quality standards. Fingerprint images submitted must be of sufficiently high quality to avoid rejection or an inability to conduct fingerprint comparisons. Fingerprint images of insufficient quality may be rejected or not processed. 7/25/2022 BidSync p. 12 City of Miami 143686 ' FDLE Agreement with Registered Livescan Submitter Page 3of6 4. FDLE has established as an acceptable FBI Integrated Automated Fingerprint Identification System (IAFIS) rejection rate of less than 5% of the total electronic fingerprint submissions by the RLS. If the RLS rejection rate is equal to or higher than 5% over a twelve month period, the RLS will be notified of the rejection rate in excess of the established standard. a. Upon notice, the RLS shall take immediate corrective action to ensure electronic fingerprint submissions are within the acceptable rejection rate. b. The RLS will have electronic submissions monitored and evaluated for a subsequent three month period. If after this period, the rejection rate remains equal to or higher than 5%, the RLS must demonstrate to FDLE the measures implemented to address the rejection issue. FDLE will determine if the measures taken by the RLS are sufficient for future electronic fingerprint submissions. c. FDLE reserves the right to revoke approval for an RLS to submit electronic fingerprint transactions, if an RLS fails to meet the acceptable rejection rate or address such issues satisfactorily. IV. Payment of Fees A. The RLS is solely responsible for payment of fees required by state and federal law to FDLE. All fees are subject to change. 1. The RLS will provide FDLE a valid credit card number to meet payment requirements. The RLS acknowledges providing a credit card number, will authorize FDLE to apply this method of payment to satisfy any and all amounts due. 2. The RLS acknowledges and agrees to maintain current valid credit card information with FDLE. The RLS also agrees to notify FDLE immediately of any change in credit card information which would affect payment, such as a change in card number or expiration date. 3. The RLS may collect the fees for a state and national criminal history check, and any applicable fingerprint retention fees, from the individual or entity on whose behalf the fingerprints are submitted. 4. Failure to pay the amount due may result in the refusal by the FDLE to accept future fingerprint submissions until all amounts due are paid in full. 7/25/2022 BidSync p. 13 City of Miami 143686 FDLE Agreement with Registered Livescan Submitter Page 4 of 6 V. Personally Identifiable Information (PII) A. The RLS assumes full legal responsibility for the security of PII obtained from the individual being fingerprinted. B. Section 501.17, F.S., requires a "covered entity," as defined, which would include an RLS, to "give notice to each individual in this state whose personal information was, or the covered entity reasonably believes to have been, accessed as a result of [a] breach, "defined as "unauthorized access of data in electronic form containing personal information". 1. "PII" means an individual's first name, or first initial and last name, in combination with any one or more of the following data elements for that individual: a. Social security number; b. A driver license or Identification Card number, passport number, military identification number, or other similar number issued on a government document used to verify identity; c. A financial account number or credit or debit card number, In combination with any required security code, access code, or password that is necessary to permit access to an individual's financial account; d. Any information regarding an individual's medical history, mental or physical condition, or medical treatment or diagnosis by a health care professional; or e. An individual's health insurance policy number or subscriber identification number and any unique identifier used by a health insurer to identify the individual. 2. A user name or e-mail address, in combination with a password or security question and answer that would permit access to an online account for the purposes of this agreement. C. In addition to other duties required by Section 501.171, F.S. the RLS will provide notification of breach to the affected individual(s) no later than 30 days following the determination of the breach, unless otherwise authorized by law. D. The RLS will notify FDLE immediately, either by written or electronic notice, if PII is compromised. E. The RLS agrees the PII collected from the individuals is used for the sole purpose of submitting a fingerprint -based criminal history record check to FDLE. 7/25/2022 BidSync p. 14 City of Miami 143686 FDLE Agreement with Registered Livescan Submitter Page 5 of 6 F. The RLS will promptly delete and destroy any PII that no longer has value for the purposes of performing a criminal history record check as authorized by state and federal law. VI. Audit A. FDLE will conduct inquiries with regard to any allegations or potential security violations, as well as perform routine audits. B. The RLS will facilitate a security audit by FDLE, and cooperate fully in any such audit as FDLE or other authorities may deem necessary. Examples of records subject to audit are electronic logging or electronic correspondence associated with identity verification of applicants; internal policies and procedures outlining the steps taken to assure physical and technical security of information; and a current, signed User Agreement with FDLE. VII. General A. This User Agreement is exclusive to the parties of the agreement listed in Section I. The agreement cannot be transferred or assigned to other parties. If the RLS changes ownership, a new User Agreement must be executed between the new ownership and FDLE. B. If FDLE amends or modifies the terms of this User Agreement, a new agreement will be executed by the parties. IN WITNESS HEREOF, the parties hereto have caused this agreement to be executed by the proper officers and officials. NAME OF REGISTERED LIVESCAN SUBMITTER FINGERPRINT MENDEZ LLC AGENCY HEAD ERNESTO MENDEZ TITLE GENERAL MANAGER (PLEASE PRINT) (PLEASE PRINT) AGENCY HEAD AT RE) DATE 11-09-2616 7/25/2022 BidSync p. 15 City of Miami 143686 • FDLE Agreement w h ' egistere Liv Page 6 of 6 WITNESS DATE scan Submitter . 1Lr LI- e-a_ • TITLE 2zkKq . F O A DEPARTMENT OF LAW ENFORCEMENT 0,,,,,,,,,,,, BY "" r/ TITLE C..) t 3 vi CJIS T OFFICER) WITNESS '.� �, �1,-i-�.. TITLElar1�. f � � DATE �i (//"'e ', / - tc 7/25/2022 BidSync p. 16 City of Miami City of Miami 143686 Solicitation 143686 STATE OF FLORIDA COUNTY OF MIAMI-DADE Certified to and subscribed before me this 10 day of u `-1\ , 20 aZ , by •En-NSTO KENDel Notary Public State of Florida Jeniffer Lopez awoi My Commission GG 934331 Expires 12/07/2023 (NOTARY SEAL) (Si ature of No . Pub ,.c-State of Florida) Personally Known OR Produced Identification V Type of Identification Produced PLoR' DA Del \ QZ., VEQ-IN 7/25/2022 6/27/2022 2:01 PM BidSync p. 21 p. 61 City of Miami Solicitation 143686 CITY OF MIAMI LOCAL OFFICE CERTIFICATION (City Code, Chapter 18, Article III, Section 18-73) Solicitation Type and Number: IFB 1436386 Solicitation Title: (i.e. IFQ/IFB/RFP/RFQ/RFLI No. 123456) INVITATION FOR BID FOR THE PROVISION OF BACKGROUND SCREENING SERVICES (Bidder/Proposer) hereby certifies compliance with the Local Office requirements stated under Chapter 18/Article III, Section 18-73, of the Code of the City of Miami, Florida, as amended. Local office means a business within the city which meets all of the following criteria: (1) Has had a staffed and fixed office or distribution point, operating within a permanent structure with a verifiable street address that is located within the corporate limits of the city, for a minimum of twelve (12) months immediately preceding the date bids or proposals were received for the purchase or contract at issue; for purposes of this section, "staffed" shall mean verifiable, full-time, on -site employment at the local office for a minimum of forty (40) hours per calendar week, whether as a duly authorized employee, officer, principal or owner of the local business; a post office box shall not be sufficient to constitute a local office within the city; (2) If the business is located in the permanent structure pursuant to a lease, such lease must be in writing, for a term of no less than twelve (12) months, been in effect for no less than the twelve (12) months immediately preceding the date bids or proposals were received, and be available for review and approval by the chief procurement officer or its designee; for recently -executed leases that have been in effect for any period less than the twelve (12) months immediately preceding the date bids or proposals were received, a prior fully -executed lease within the corporate limits of the city that documents, in writing, continuous business residence within the corporate limits of the city for a term of no less than the twelve (12) months immediately preceding the date bids or proposals were received shall be acceptable to satisfy the requirements of this section, and shall be available for review and approval by the chief procurement officer or its designee; further requiring that historical, cleared rent checks or other rent payment documentation in writing that documents local office tenancy shall be available for review and approval by the chief procurement officer or its designee; (3) Has had, for a minimum of twelve (12) months immediately preceding the date bids or proposals were received for the purchase or contract at issue, a current business tax receipt issued by both the city and Miami - Dade County, if applicable; and (4) Has had, for a minimum of twelve (12) months immediately preceding the date bids or proposals were received for the purchase or contract at issue, any license or certificate of competency and certificate of use required by either the city or Miami -Dade County that authorizes the performance of said business operations; and (5) Has certified in writing its compliance with the foregoing at the time of submitting its bid or proposal to be eligible for consideration under this section; provided, however, that the burden of proof to provide all supporting documentation in support of this local office certification is borne by the business applicant submitting a bid or proposal. 6/27/2022 2:01 PM p. 59 City of Miami Solicitation 143686 PLEASE PROVIDE THE FOLLOWING INFORMATION: 2301 NW 7TH ST SUITE C, MIAMI, FL 33125 Bidder/Proposer Local Office Address: Does Bidder/Proposer conduct verifiable, full- time, on -site employment at the local office for a minimum of forty (40) hours per calendar week? X YES ❑ NO If Bidder/Proposer's Local Office tenancy is pursuant to a lease, has Bidder/Proposer enclosed a copy of the lease? X YES NO ❑ N/A Has Bidder/Proposer enclosed a copy of the Business Tax Receipt (BTR) issued by the City of Miami and Miami -Dade County? City of Miami: X YES NO Exempt Cite Exemption: Miami -Dade County: )< YES NO Exempt Cite Exemption: Has Bidder/Proposer enclosed a copy of the license, certificate of competency and certificate of use that authorizes the performance of Bidder/Proposer' s business operations? XX YES NO Bidder/Proposer's signature below certifies compliance with the Local Office requirements stated under Chapter 18/Article Ill, Section 18-73, of the Code of the City of Miami, Florida, as amended. ERNESTO MENDEZ Print Name (Bidder/Proposer Authorized Representative) Signature 07/10/2022 Date 6/27/2022 2:01 PM p. 60 City of Miami Solicitation 143686 STATE OF FLORIDA COUNTY OF MIAMI-DADE Certified to and subscribed before me this 10 day of u `-1\ , 20 a Z , by n-NESTO M,E14 el Notary Public State of Florida Jeniffer Lopez +� My Commission GG 934331 71,0w Expires 12/07/2023 (NOTARY SEAL) (Signature of Notai�y Pub1c-State of Florida) Personally Known OR Produced Identification V Type of Identification Produced PLODA Del \ QZ., VEQ-IN 6/27/2022 2:01 PM p. 61 City of Miami Solicitation 143686 IFB NO.: 1436386 BID SUBMITTAL FOR: BACKGROUND SCREENING SERVICES FIRM NAME: FINGERPRINT MENDEZ LLC Region: MIAMI DADE Please check the Group(s) your firm wishes to be pre -qualified under: ❑Group 1- Local Office Business Background Screening Services ❑Group 2- Mobile Business Background Screening Services EAII Groups Company Information FINGERPRINT MENDEZ LLC Primary Contact Information Primary Contact: ERNESTO MENDEZ Primary Address: 2301 NW 7TH ST SUITE C, MIAMI, FL 33125 E-mail Address: ERNESTO.MENDEZ@FINGERPRINTMENDEZ.COM Contact Telephone Number: 305-986-8368 Cellular Phone Number (if applicable): Company Main Phone Number: 305-986-8368 Fax Number (if applicable): 786-431-5383 Secondary Contact Information (OPTIONAL) Secondary Contact: Secondary Address: E-mail Address: Contact Telephone Number: Cellular Phone Number (if applicable): Company Main Phone Number: Fax Number (if applicable): Website Information: Successful bidder(s) shall provide their firm's website information indicating how to make an appointment for the Background Screening Service. http:// WWW.FINGERPRINTMENDEZ.COM 6/27/2022 2:01 PM p. 51 Florida Department of Law Enforcement Criminal Justice Information Services Division Registered Livescan Submitter User Agreement for Private Entities and Private Vendors Submitting Electronic Fingerprints to the Florida Department of Law Enforcement Under Section 943.053(13), Florida Statutes REGISTERED LIVESCAN SUBMITTER NAME: FINGERPRINT MENDEZ LLC I. This Agreement, entered into between the Florida Department of Law Enforcement, User Services Bureau (hereinafter referred to as FDLE), an agency of the state of Florida with headquarters in Tallahassee, Florida, and Registered Livescan Submitter Business Name: FINGERPRINT MENDEZ LLC (hereinafter referred to as RLS), located at: Address: 1750 NW 27th AVE SUITE 204 Address 2: City: MIAMI State: FLORIDA Zip Code: 33125 II. Purpose A. Electronic fingerprint submissions are required by the Federal Bureau of Investigation for conducting criminal history record checks on a variety of professions, occupations, positions, and licenses, and must precede the release of national criminal history record information to the non -criminal justice licensing, employing or regulatory agency authorized to receive such information. B. FDLE, as the central repository of criminal history record information within the state of Florida and the state point of contact for the FBI, receives and processes electronic fingerprint submissions through FDLE's Civil Workflow Control System (CWCS). ' FDLE Agreement with Registered Livescan Submitter Page 2 of 6 C. Section 943.053(13)(a), F.S., requires private electronic fingerprint submitters agree to comply with certain standards and practices, as set forth in the terms and conditions of this User Agreement. D. As used in this Agreement, a Registered Livescan Submitter (RLS) is a private vendor engaged in the business of providing electronic fingerprint submission services on behalf of entities or agencies authorized to request criminal history background checks for official purposes, and/or is a private entity submitting the electronic fingerprints of its own employees, volunteers, contractors and associates for permitted criminal history record checks. The RLS is a private contractor, and is not acting as the agent or servant, or on behalf, of FDLE or any government agency, except for the limited purpose of acting as a "third -party agent" for FDLE within the intent of Section 501.171(6), Florida Statutes. III. Standards To meet statutory requirements for the acceptance and processing of electronic fingerprint submissions, the RLS agrees to adhere to the standards listed below. The RLS must have documented processes in place to ensure all employees are meeting the appropriate standards. A. Identification 1. All persons responsible for collecting personal identifying information from individuals being fingerprinted must meet current written state and federal guidelines as outlined in the "Identity Verification Program Guide," and incorporated here by reference, available on FDLE's website. At a minimum, identification of individuals must be verified by requiring them to provide a valid government -issued form of identification that includes the individual's photograph. B. Quality Standards 1. Persons responsible for capturing electronic fingerprints will be familiar with the proper procedures for capturing fingerprints as outlined in "Recording Legible Fingerprints," and incorporated here by reference, available on FDLE's public website. 2. No person may take his or her own fingerprints for submission to FDLE under any circumstances. The RLS will not allow a person to roll his or her own fingerprints on any livescan device operated by the RLS. The RLS may not scan hard copy fingerprint cards for submission to FDLE that are, or should reasonably be known to have been, taken by the person. 3. Fingerprint images submitted electronically must adhere to FDLE and the FBI quality standards. Fingerprint images submitted must be of sufficiently high quality to avoid rejection or an inability to conduct fingerprint comparisons. Fingerprint images of insufficient quality may be rejected or not processed. ' FDLE Agreement with Registered Livescan Submitter Page 3of6 4. FDLE has established as an acceptable FBI Integrated Automated Fingerprint Identification System (IAFIS) rejection rate of less than 5% of the total electronic fingerprint submissions by the RLS. If the RLS rejection rate is equal to or higher than 5% over a twelve month period, the RLS will be notified of the rejection rate in excess of the established standard. a. Upon notice, the RLS shall take immediate corrective action to ensure electronic fingerprint submissions are within the acceptable rejection rate. b. The RLS will have electronic submissions monitored and evaluated for a subsequent three month period. If after this period, the rejection rate remains equal to or higher than 5%, the RLS must demonstrate to FDLE the measures implemented to address the rejection issue. FDLE will determine if the measures taken by the RLS are sufficient for future electronic fingerprint submissions. c. FDLE reserves the right to revoke approval for an RLS to submit electronic fingerprint transactions, if an RLS fails to meet the acceptable rejection rate or address such issues satisfactorily. IV. Payment of Fees A. The RLS is solely responsible for payment of fees required by state and federal law to FDLE. All fees are subject to change. 1. The RLS will provide FDLE a valid credit card number to meet payment requirements. The RLS acknowledges providing a credit card number, will authorize FDLE to apply this method of payment to satisfy any and all amounts due. 2. The RLS acknowledges and agrees to maintain current valid credit card information with FDLE. The RLS also agrees to notify FDLE immediately of any change in credit card information which would affect payment, such as a change in card number or expiration date. 3. The RLS may collect the fees for a state and national criminal history check, and any applicable fingerprint retention fees, from the individual or entity on whose behalf the fingerprints are submitted. 4. Failure to pay the amount due may result in the refusal by the FDLE to accept future fingerprint submissions until all amounts due are paid in full. FDLE Agreement with Registered Livescan Submitter Page 4 of 6 V. Personally Identifiable Information (PII) A. The RLS assumes full legal responsibility for the security of PII obtained from the individual being fingerprinted. B. Section 501.17, F.S., requires a "covered entity," as defined, which would include an RLS, to "give notice to each individual in this state whose personal information was, or the covered entity reasonably believes to have been, accessed as a result of [a] breach, "defined as "unauthorized access of data in electronic form containing personal information". 1. "PII" means an individual's first name, or first initial and last name, in combination with any one or more of the following data elements for that individual: a. Social security number; b. A driver license or Identification Card number, passport number, military identification number, or other similar number issued on a government document used to verify identity; c. A financial account number or credit or debit card number, In combination with any required security code, access code, or password that is necessary to permit access to an individual's financial account; d. Any information regarding an individual's medical history, mental or physical condition, or medical treatment or diagnosis by a health care professional; or e. An individual's health insurance policy number or subscriber identification number and any unique identifier used by a health insurer to identify the individual. 2. A user name or e-mail address, in combination with a password or security question and answer that would permit access to an online account for the purposes of this agreement. C. In addition to other duties required by Section 501.171, F.S. the RLS will provide notification of breach to the affected individual(s) no later than 30 days following the determination of the breach, unless otherwise authorized by law. D. The RLS will notify FDLE immediately, either by written or electronic notice, if PII is compromised. E. The RLS agrees the PII collected from the individuals is used for the sole purpose of submitting a fingerprint -based criminal history record check to FDLE. FDLE Agreement with Registered Livescan Submitter Page 5 of 6 F. The RLS will promptly delete and destroy any PII that no longer has value for the purposes of performing a criminal history record check as authorized by state and federal law. VI. Audit A. FDLE will conduct inquiries with regard to any allegations or potential security violations, as well as perform routine audits. B. The RLS will facilitate a security audit by FDLE, and cooperate fully in any such audit as FDLE or other authorities may deem necessary. Examples of records subject to audit are electronic logging or electronic correspondence associated with identity verification of applicants; internal policies and procedures outlining the steps taken to assure physical and technical security of information; and a current, signed User Agreement with FDLE. VII. General A. This User Agreement is exclusive to the parties of the agreement listed in Section I. The agreement cannot be transferred or assigned to other parties. If the RLS changes ownership, a new User Agreement must be executed between the new ownership and FDLE. B. If FDLE amends or modifies the terms of this User Agreement, a new agreement will be executed by the parties. IN WITNESS HEREOF, the parties hereto have caused this agreement to be executed by the proper officers and officials. NAME OF REGISTERED LIVESCAN SUBMITTER FINGERPRINT MENDEZ LLC AGENCY HEAD ERNESTO MENDEZ TITLE GENERAL MANAGER (PLEASE PRINT) (PLEASE PRINT) AGENCY HEAD AT RE) DATE 11-09-2616 • FDLEAgreement w h ' egistere Liv Page 6 of 6 WITNESS DATE scan Submitter . 1Lr LI- e-a_ • TITLE 2zkKq . F O A DEPARTMENT OF LAW ENFORCEMENT 0,,,,,,,,,,,, BY "" r/ TITLE L t v1 CJIS T OFFICER) WITNESS '.� �, �1,-i-�.. TITLElar1�. f � � DATE �i (//"'e ', / City of Miami Solicitation 143686 Certification Statement Please quote on this form, if applicable, net prices for the item(s) listed. Return signed original and retain a copy for your files. Prices should include all costs, including transportation to destination. The City reserves the right to accept or reject all or any part of this submission. Prices should be firm for a minimum of 180 days following the time set for closing of the submissions. In the event of errors in extension of totals, the unit prices shall govern in determining the quoted prices. We (I) certify that we have read your solicitation, completed the necessary documents, and propose to furnish and deliver, F.O.B. DESTINATION, the items or services specified herein. The undersigned hereby certifies that neither the contractual party nor any of its principal owners or personnel have been convicted of any of the violations, or debarred or suspended as set in section 18-107 or Ordinance No. 12271. All exceptions to this submission have been documented in the section below (refer to paragraph and section). EXCEPTIONS: We (I) certify that any and all information contained in this submission is true; and we (I) further certify that this submission is made without prior understanding, agreement, or connection with any corporation, firm, or person submitting a submission for the same materials, supplies, equipment, or service, and is in all respects fair and without collusion or fraud. We (I) agree to abide by all terms and conditions of this solicitation and certify that I am authorized to sign this submission for the submitter. Please print the following and sign your name: BIDDER'S NAME: ERNESTO MENDEZ 2301 NW 7THY STREET SUITE C, MIAMI, FL 33125 ADDRESS: PHONE: 305-986-8368 FAX: 786-431-5383 ERNESTO.MENDEZ@FINGERPRINT EMAIL: MENDEZ.COM CELL(Optional): SIGNED BY: MANAGER TITLE: DAIL: 07/10/2022 FAILURE TO COMPLETE, SIGN, AND RETURN THIS FORM SHALL DISQUALIFY THIS RESPONSE. 6/27/2022 2:01 PM p. 6 City of Miami Solicitation 143686 Certifications Legal Name of Firm: FINGERPRINT MENDEZ LLC Entity Type: Partnership, Sole Proprietorship, Corporation, etc. LIMITED LIABILITY COMPANY Year Established: 2016 Address, City, State Zip,Contact Name, Contact Tittle, Phone Fax Email: 2301 NW 7TH ST SUITE C, MIAMI, FL 33125; MANAGER; 305-986-8368; ERNESTO.MENDEZ@FINGERPRINTMENDEZ.COM Federal Employer Identification ("FEIN/EIN") Number: 81-4193775 Office Location: City of Miami, Miami -Dade County, or Other 2301 NW 7TH ST SUITE C, MIAMI, FL 33125 Business Tax Receipt/ Occupational License Number: 7496437 Business Tax Receipt/ Occupational License Issuing Agency: 7496437 Business Tax Receipt/ Occupational License Expiration Date: 7496437 Will Subcontractor(s) be used? (Yes or No) NO If subcontractor(s) will be utilized, provide their name, address and the portion of the work they will be responsible for under this contract (a copy of their license(s) must be submitted with your bid response). If no subcontractor(s) will be utilized, please insert N/A.: N/A Please list and acknowledge all addendum/addenda received. List the addendum/addenda number and date of receipt (i.e., Addendum No. 1, 1/1/21). If no addendum/addenda was/were issued, please insert N/A. N/A Reference No. 1: Name of Company/Agency for whichhBidder is currently providing the services/VICTORIA NURSING AND REHABILITATION provided such services/goods in the past: 6/27/2022 2:01 PM 11 7 City of Miami Solicitation 143686 Reference No. 1: Address, City, State, and Zip for above reference company/agency listed: 955 NW 3RD ST, MIAMI, FL 33128 Reference No. 1: Name of Contact Person, Telephone Number and Email for above reference no. 1 MRS. ANA MORRISON; 305-548-4020; amorrison@victorianursing.net Reference No. 1: Date of Contract or Sale for above reference no. 1 2017 Reference No. 2: Name of Company/Agency for which Bidder is currently providing the services/goods as described in this solicitation, or has provided such services/goods in the past: POWER IN-SERVICES,TRAINING CENTER Reference No. 2: Address, City, State, and Zip for above reference company/agency listed: 4000 W FLAGLERST SUITE 304, MIAMI, FL 33134 Reference No. 2: Name of Contact Person, Telephone Number and Email for above reference no. 2 MR. PATRICK; 786-230-6646; patrick@powerinservice.com Reference No. 2: Date of Contract or Sale for above reference no. 2 2017 Reference No. 3: Name of Company/Agency for which Bidder is currently providing the services/goods as described in this solicitation, or has provided such services/goods in the past: CENTNER ACADEMY Reference No. 3: Address, City, State, and Zip for above reference company/agency listed: 1911 NE MIAMI CT, MIAMI, FL 33132 Reference No. 3: Name of Contact Person, Telephone Number and Email for above reference no. 3 MRS. SELENE HAGEN; 305-903-7744; selene@centneracademy.com Reference No. 3: Date of Contract or Sale for above reference no. 3 2017 6/27/2022 2:01 PM P. 8 certffiedcopy I certify the attached is a true and correct copy of the Articles of Organization of FINGERPRINT MENDEZ LLC, a limited liability company organized under the laws of the state of Florida, filed electronically on October 17, 2016 effective November 01, 2016, as shown by the records of this office. I further certify that this is an electronically transmitted certificate authorized by section 15.16, Florida Statutes, and authenticated by the code noted below. The document number of this limited liability company is L16000191906. Authentication Code: 161019122029-300291334743#1 Given under my hand and the Great Seal of the State of Florida at Tallahassee, the Capital, this the Nineteenth day of October, 2016 Vat, tliti 33en aet>ner met retarr of *ta to FILE Florida Department of Law Enforcement Richard L. Swearingen Commissioner August 17, 2017 Criminal Justice Information Services Post Office Box 1489 Tallahassee, Florida 32302-1489 (850) 410-7100 www.fdle.state.fi. us Mr. Ernesto Mendez General Manager Fingerprint Mendez 2687 Southwest 25th Terrace Miami. Florida 33133 Subject: Registered Livescan Submitter Compliance Audit Dear Mr. Mendez: Rick Scott, Governor Pam Bondi, Attorney General Jeff Atwater, Chief Financial Officer Adam Putnam, Commissioner of Agriculture The purpose of this letter is to ensure that the business is operating in compliance with the Registered Livescan Submitter User Agreement (RLSUA) with the Florida Department of Law Enforcement (FDLE). The RLSUA states "Section 943.053(13)(a), F.S. requires private electronic fingerprint submitters agree to comply with certain standards and practices, as set forth in the terms and conditions of this User Agreement." This letter is written confirmation of the findings from our audit of your agency's submission of electronic fingerprints. Our auditor, Criminal Justice Information Technology Auditor Jacqueline McGriff, discussed these findings with Mr. Mendez at the conclusion of the audit. The audit revealed your agency is operating in compliance with the RLSUA. We wish to thank you and members of your agency for your continuing efforts to operate in compliance with FDLE requirements. If you have any questions regarding this audit, please contact me or Technology Auditor Jacqueline McGriff at (850) 410-7087. Sincereiy, Cka-f6,A—oj2- Magi/0,4g, Charles I. Schaeffer Director CIS/jm Service • Integrity • Respect • Quality DIVISION OF LICENSING (850) 245-5500 (850) 245-5505 FAX POST OFFICE Box 5647 TALLAHASSEE, FLORIDA 32314-5647 4040 ESPLANADE WAY, SUITE 135 TALLAHASSEE, FLORIDA 32399 FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES COMMISSIONER ADAIVI H. PUTNAi'vi March 2, 2017 Fingerprint MENDEZ LLC 2687 SW 25 Terrace Miami, FL 33133 ATTN: Ernesto Mendez Dear Mr. Mendez: The Division of Licensing hereby authorizes Fingerprint MENDEZ LLC to perform live scan fingerprinting for individuals applying for licensure under Chapter 493, Florida Statutes (Private Investigative, Private Security and Repossession Services). To assure electronic results are received by the division, please use the following ORI on your live scan device: FL923130Z. We are in the process of adding your contact information to the vendor list on our website. It will be most helpful if you will print a copy of the fingerprints on plain paper and tell the person being fingerprinted to be sure to include the copy of the fingerprints and a copy of the receipt confirming payment to FDLE with his/her application. Doing so provides critical information for processing personnel in the Division of Licensing: 1) proof that fingerprints were submitted electronically and 2) the transaction control number (TCN) for the submission. When it is not apparent to processing staff that fingerprints have been submitted electronically, an Error or Omission letter is generated and mailed to the applicant, causing unnecessary delay. Sincerely, Paul J. Pagano, CFE CPM Assistant Director 1 -800-HELPFLA www.FreshFromFlorida.com City of Miami Solicitation 143686 IFB 1436386 City of Miami Procurement Department Miami Riverside Center 444 SW 2ndAvenue, 6th Floor Miami, Florida 33130 Web Site Address: www.miamicov.com/procurement 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: Officer: Contracting Officer E-Mail Address: Contracting Officer Facsimile: 1436386 Invitation for Bid for the provision of Background Screening Services 27-JUNE-2022 25-JULY-2022 @ 2:00 PM Voluntary 30-JUNE-2022 @ 9:00 AM Virtual Via Microsoft Teams July 8, 2022 at 2:00 PM Contracting Giraldo, Victoria VictoriaGiraldo@miamigov.com 305-400-5361 6/27/2022 2:01 PM p. 5 City of Miami Solicitation 143686 Solicitation 143686 Invitation for Bid for the Provision of Background Screening Services Solicitation Number Solicitation Title Solicitation Start Date Solicitation End Date Question & Answer End Date Solicitation Contact Contract Duration Contract Renewal Prices Good for Pre -Solicitation Conference Solicitation Comments 143686 Invitation for Bid for the Provision of Background Screening Services Jun 27, 2022 3:58:35 PM EDT Jul 25, 2022 2:00:00 PM EDT Jul 8, 2022 5:00:00 PM EDT Victoria Giraldo 305-416-1916 victoriagiraldo@miamigov.com See Specifications See Specifications See Specifications Jun 30, 2022 9:00:00 AM EDT Attendance is optional Location: Via Microsoft Teams Meeting (786)598-2961 United States, Miami (Toll) Conference ID: 310 242 206# Please see the Bid Document for the meeting link. Refer to Section 2.3. PRE-BID/PRE-PROPOSAL CONFERENCE. IMPORTANT NOTICE TO BIDDERS: A BID BOND IS NOT REQUIRED FOR THIS IFB. *FAILURE TO SUBMIT, COMPLETE, AND/OR SIGN THE FOLLOWING DOCUMENTS SHALL RENDER YOUR BID NON -RESPONSIVE. 1-THE CERTIFICATION STATEMENT; 2-CERTIFICATIONS SECTION; 3-CERTIFICATION PROOF THAT VENDOR IS QUALIFIED TO SUBMIT FINGERPRINTS ELECTRONICALLY TO THE FLORIDA DEPARTMENT OF LAW ENFORCEMENT ("FDLE"); 4IN THE CASE THE VENDOR HAS MOBILE CAPABILITY TO EITHER BRING ALL NECESSARY EQUIPMENT AND HAVE A COMPLETE SET UP IN A DESIGNATED PARK AND/OR OWN A VEHICLE IN WHICH THE VENDOR MAY PROVIDE ALL SERVICES NEEDED ON PREMISES, THE VENDOR MUST PROVIDE PROOF BY SUBMITTING PICTURES OF VEHICLE OR SET UP; 5-SUBMIT BID SUBMITTAL FORM; AND 6-SUBMIT VENDOR PARTICIPATION FORM *ALL UPLOADS SHALL BE IN PDF FILE FORMAT, NO OTHER FILE FORMATS WILL BE ACCEPTED BY THE CITY. *ATTACHMENT FILES SHALL BE NO MORE THAN 250MB IN SIZE EACH, SHOULD THERE BE A NEED FOR A LARGER SIZE FILE TO BE UPLOADED SPLIT IN MULTIPLE FILES. 6/27/2022 2:01 PM p. 2 City of Miami Solicitation 143686 Item *FOR BIDSYNC TECHNICAL DIFFICULTIES AND/OR ISSUES PLEASE CONTACT BIDSYNC VENDOR SUPPORT TOLL -FREE NUMBER AT 800-990-9339, SUPPORT.BIDSYNC.COM, OR VIA EMAIL AT SUPPORT BIDSYNC.COM. *ALL ATTACHMENTS PERTAINING TO THIS SOLICITATION ARE LOCATED ON THE DOCUMENTS SECTION. Item Response Form 143686-01-01 - Group 1- Local Office Background Screening Services: VECHS- Volunteer/ Seasonal Staff Fingerprinting Quantity 200 each Unit Price 50 Delivery Location City of Miami City of Miami Parks & Recreation Department 1950 NW 12th Avenue Miami FL 33136 Qty 200 Description VECHS- Volunteer/ Seasonal Staff Fingerprinting Item 143686--01-02 - Group 1- Local Office Background Screening Services: VECHS-Employee/Year-Round Staff Fingerprinting Services Quantity 200 each Unit Price 60 Delivery Location City of Miami City of Miami Parks & Recreation Department 1950 NW 12th Avenue Miami FL 33136 Qty 200 Description VECHS-Employee/Year-Round Staff Fingerprinting Services Item 143686-01-03 - Group 1- Local Office Background Screening Services: VECHS-Employee/ Year -Round Staff Fingerprinting Services- RESCREENING Quantity 400 each Unit Price 60 Delivery Location City of Miami City of Miami Parks & Recreation Department 1950 NW 12th Avenue Miami FL 33136 Qty 400 Description VECHS-Employee/ Year -Round Staff Fingerprinting Services- RESCREENING Item 143686-01-04 Group 1- Local Office Background Screening Services: CLEARINGHOUSE- Employee 6/27/2022 2:01 PM p. 3 City of Miami Solicitation 143686 fingerprinting Services ( Inclusive of Photo) Quantity 40 each Unit Price 85 Delivery Location City of Miami City of Miami Parks & Recreation Department 1950 NW 12th Avenue Miami FL 33136 Qty 40 Description CLEARINGHOUSE- Employee fingerprinting Services ( Inclusive of Photo) Item 143686-02-01 - Group 2- Mobile Background Screening Services: Mobile Screening Services Lot Description This group does not require a price quote this is a pre -qualified pool. Quantity 1 job Prices are not requested for this item. Delivery Location City of Miami City of Miami Department of Procurement Mil SW 2nd Ave 6th Floor Miami FL 33130 Qty1 Description Mobile Screening Services 6/27/2022 2:01 PM p. 4 City of Miami Solicitation 143686 City of Miami IFB 1436386 - Background Screening Services Vendor Participation Form VENDOR: FINGERPRINT MENDEZ LLC AUTHORIZED SIGNATURE: g ,'i PRINT NAME & TITLE: ERNESTO MEND Z : MANAGER ADDRESS: 2301 NW 7TH ST SUITE C CITY/STATE/ZIP: MIAMI, FL 33125. TELEPHONE: 305-986-8368 EMAIL: ERNESTO.MENDEZ@FINGERPRINTMENDEZ.COM The purpose of the Background Screening Services is to establish contract for two (2) groups, Group 1- Local Office, as a Primary and Secondary pricing for each region and Group 2- Mobile Services which is a pre - qualified pool of vendors for future pricing competition to provide background screening services for the City of Miami. There are two (2) defined groups of items to be ordered on an as needed basis to meet ongoing City requirements. Applicants may apply for and be awarded multiple groups based upon the response to the Bid Submittal Form attached to this application. By signature above, Vendor certifies that: 1. Vendor maintains an office staffed by competent company representatives authorized to discuss matters pertaining to the contracted items and who are cognizant of the industry and industry standards, providing contact information to access staff within the company who will be responsible for providing a response to spot market quotes issued by the City. These requests to be answered typically Monday through Friday within the business hours of 8:00 am and 5:00 pm. 2. Vendor has identified on the Bid Submittal Form attached which groups of Background Screening Services that can be supplied to the City. Information offered must be relevant to the scope of work and technical specifications, Section 3.1, of IFB 1436386. The groups are as follows: (i) Group 1: Local Office Background Screening Services (ii) Group 2: Mobile Background Screening Services 3. Vendor shall provide evidence that it has a minimum of three (3) years in providing background screening services to government entities or other large entities by providing at least three (3) past performance references. Please see Bid Submittal Form to provide these required references. 1 6/27/2022 2:01 PM p. 52 jERPR HUELLAS DA ' ,-IL, uL,. J8P RINTSIMM ,,R LICE, R, IMMIGRATION, FINGERPRINT HUELLAS DACTILARES NEW! FINGE 0.PRi,TS FOR UCUSES.MICA. ocr1.1GRATION. etc. VII OTARAB X30113M 3311AAU2Ni Sa3c1M3X J RP RI{{ D ACT ILARES VN-1S FOR R `cE 'NSEs, AK Pk, pT10N, etc. R. kMM�G ELLAS dydila,e' FINGERPRINT HUELLAS DACTILARES NEW! FINGERPRINTS FOR LICENSES. AHCA. DCF, DBPR, IMMIGRATION. etc. MEN DEZ 143666 TRUSTED AGENT 15561001 MENDEZ ANTOLIN, Ernesto Nationol I II,. 11111111 'lilt t intt mglit.,v_ Expires Nov. 9, 2022 NATIONAL AIR TRANSPORTATION SECURITY IDENTIFICATION SYSTEM IFB 1436386 City of Miami Procurement Department Miami Riverside Center 444 SW 2^d Avenue, 6th Floor Miami, Florida 33130 Web Site Address: www.miamigov.com/procurement 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: Officer: Contracting Officer E-Mail Address: Contracting Officer Facsimile: 1436386 Invitation for Bid for the provision of Background Screening Services 21-JUNE-2022 18-JULY-2022 @ 2:00 PM Voluntary 27-JUNE-2022 @ 9:00 AM Virtual Via Microsoft Teams July 1, 2022 at 2:00 PM Contracting Giraldo, Victoria VictoriaGiraldo@miamigov.com 305-400-5361 IFB 1436386 Certification Statement Please quote on this form, if applicable, net prices for the item(s) listed. Return signed original and retain a copy for your files. Prices should include all costs, including transportation to destination. The City reserves the right to accept or reject all or any part of this submission. Prices should be firm for a minimum of 180 days following the time set for closing of the submissions. In the event of errors in extension of totals, the unit prices shall govern in determining the quoted prices. We (I) certify that we have read your solicitation, completed the necessary documents, and propose to furnish and deliver, F.O.B. DESTINATION, the items or services specified herein. The undersigned hereby certifies that neither the contractual party nor any of its principal owners or personnel have been convicted of any of the violations, or debarred or suspended as set in section 18-107 or Ordinance No. 12271. All exceptions to this submission have been documented in the section below (refer to paragraph and section). EXCEPTIONS: We (I) certify that any and all information contained in this submission is true; and we (I) further certify that this submission is made without prior understanding, agreement, or connection with any corporation, firm, or person submitting a submission for the same materials, supplies, equipment, or service, and is in all respects fair and without collusion or fraud. We (I) agree to abide by all terms and conditions of this solicitation and certify that I am authorized to sign this submission for the submitter. Please print the following and sign your name: PROPOSER NAME: ADDRESS: PHONE: FAX: EMAIL: CELL(Optional): SIGNED BY: TITLE: DATE: FAILURE TO COMPLETE, SIGN, AND RETURN THIS FORM SHALL DISQUALIFY THIS RESPONSE. IFB 1436386 Certifications Legal Name of Firm: Entity Type: Partnership, Sole Proprietorship, Corporation, etc. Year Established: Address, City, State, Zip, Contact Name, Contact Tittle, Phone, Fax, Email: Federal Employer Identification ("FEIN/EIN") Number: Office Location: City of Miami, Miami -Dade County, or Other Business Tax Receipt/ Occupational License Number: Business Tax Receipt/ Occupational License Issuing Agency: Business Tax Receipt/ Occupational License Expiration Date: Will Subcontractor(s) be used? (Yes or No) If subcontractor(s) will be utilized, provide their name, address and the portion of the work they will be responsible for under this contract (a copy of their license(s) must be submitted with your bid response). If no subcontractor(s) will be utilized, please insert N/A.: Please list and acknowledge all addendum/addenda received. List the addendum/addenda number and date of receipt (i.e., Addendum No. 1, 1/1/21). If no addendum/addenda was/were issued, please insert N/A. Reference No. 1: Name of Company/Agency for which Bidder is currently providing the services/goods as described in this solicitation, or has provided such services/goods in the past: IFB 1436386 Reference No. 1: Address, City, State, and Zip for above reference company/agency listed: Reference No. 1: Name of Contact Person, Telephone Number and Email for above reference no. 1 Reference No. 1: Date of Contract or Sale for above reference no. 1 Reference No. 2: Name of Company/Agency for which Bidder is currently providing the services/goods as described in this solicitation, or has provided such services/goods in the past: Reference No. 2: Address, City, State, and Zip for above reference company/agency listed: Reference No. 2: Name of Contact Person, Telephone Number and Email for above reference no. 2 Reference No. 2: Date of Contract or Sale for above reference no. 2 Reference No. 3: Name of Company/Agency for which Bidder is currently providing the services/goods as described in this solicitation, or has provided such services/goods in the past: Reference No. 3: Address, City, State, and Zip for above reference company/agency listed: Reference No. 3: Name of Contact Person, Telephone Number and Email for above reference no. 3 Reference No. 3: Date of Contractor Sale for above reference no. 3 IFB 1436386 ♦ IMPORTANT NOTICE TO BIDDERS: • A BID BOND IS NOT REQUIRED FOR THIS IFB. • FAILURE TO SUBMIT, COMPLETE, AND/OR SIGN THE FOLLOWING DOCUMENTS SHALL RENDER YOUR BID NON -RESPONSIVE. 1. THE CERTIFICATION STATEMENT; 2. CERTIFICATIONS SECTION; 3. CERTIFICATION PROOF THAT VENDOR IS QUALIFIED TO SUBMIT FINGERPRINTS ELECTRONICALLY TO THE FLORIDA DEPARTMENT OF LAW ENFORCEMENT ("FDLE"); 4. IN THE CASE THE VENDOR HAS MOBILE CAPABILITY TO EITHER BRING ALL NECESSARY EQUIPMENT AND HAVE A COMPLETE SET UP IN A DESIGNATED PARK AND/OR OWN A VEHICLE IN WHICH THE VENDOR MAY PROVIDE ALL SERVICES NEEDED ON PREMISIS, THE VENDOR MUST PROVIDE PROOF BY SUBMITTING PICTURES OF VEHICLE OR SET UP; 5. SUBMIT- BID SUBMITTAL FORM; AND 6. SUBMIT- VENDOR PARTICIPATION FORM • ALL UPLOADS SHALL BE IN PDF FILE FORMAT, NO OTHER FILE FORMATS WILL BE ACCEPTED BY THE CITY. • ATTACHMENT FILES SHALL BE NO MORE THAN 250MB IN SIZE EACH, SHOULD THERE BE A NEED FOR A LARGER SIZE FILE TO BE UPLOADED SPLIT IN MULTIPLE FILES. • FOR BIDSYNC TECHNICAL DIFFICULTIES AND/OR ISSUES PLEASE CONTACT BIDSYNC VENDOR SUPPORT TOLL -FREE NUMBER AT 800-990-9339, SUPPORT.BIDSYNC.COM, OR VIA EMAIL AT SUPPORT@BIDSYNC.COM. . ALL ATTACHMENTS PERTAINING TO THIS SOLICITATION ARE LOCATED ON THE DOCUMENTS SECTION. IFB 1436386 Table of Contents Terms and Conditions 1. General Conditions 1.1. CMIA General Terms and Conditions - IFB 2. Special Conditions 2.1. PURPOSE 2.2. DEADLINE FOR RECEIPT OF REQUEST FOR ADDITIONAL INFORMATION/CLARIFICATION 2.3. PRE-BID/PRE-PROPOSAL CONFERENCE 2.4. TERM OF CONTRACT 2.5. CONDITIONS FOR RENEWAL 2.6. NON -APPROPRIATION OF FUNDS 2.7. METHOD OF AWARD 2.8. GROUPS 2.9. CURES 2.10. MINIMUM QUALIFICATIONS 2.11. ORIGINATING AGENCY IDENTIFIERS (O.R.I.)'S FOR THE CARE PROVIDER BACKGROUND SCREENING CLEARINGHOUSE: 2.12. FAILURE TO PERFORM 2.13. LIVING WAGE 2.14. INSURANCE REQUIREMENTS 2.15. JESSICA LUNDSFORD ACT ("JLA") BACKGROUND SCREENING REQUIREMENTS 2.16. METHOD OF PAYMENT 2.17. ADDITIONS/DELETIONS OF VENDORS/SUPPLIERS/ITEMS/PRODUCTS/SERVICES 2.18. PROJECT MANAGER 2.19. TIE BIDS 2.20. TERMINATION 2.21. PRIMARY CLIENT (FIRST PRIORITY) 2.22. ADDITIONAL TERMS AND CONDITIONS 3. Specifications 3.1. SPECIFICATIONS/SCOPE OF WORK IFB 1436386 Terms and Conditions 1. GENERAL TERMS AND CONDITIONS FOR INVITATION FOR BID (IFB) - References to goods only apply insofar as they are applicable to "Goods" as defined in Section 18-73 of the City Code. References to "Professional and Personal Services" are as defined in Section 18-73 of the City Code. Intent: The General Terms and Conditions described herein apply to the acquisition of goods/ services with an estimated aggregate cost of $25,000.00 or more. Definition: A Formal Solicitation is defined as issuance of an Invitation for Bids, Request for Proposals, Request for Qualifications, or Request for Letters of Interest pursuant to the City of Miami (City) Procurement Code and/or Florida Law, as amended. Formal Solicitation and Solicitation shall be defined in the same manner herein. 1.1. ACCEPTANCE OF GOODS - Any good(s) delivered under this Formal Solicitation, if applicable, shall remain the property of the Bidder 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 supplied to the City are found to be defective or do not conform to specifications, the City reserves the right to cancel the order upon written notice to the Successful Bidder/Contractor and return the product to the Successful Bidder/Contractor at the Successful Bidder/Contractor's expense. 1.2. ACCEPTANCE OF OFFER - The signed or electronic submission of a Bidder's response shall be considered an offer on the part of the Bidder; 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, reject any or all, or portion of responses after opening/closing date, and request re -issuance on the goods/services described in the Formal Solicitation. In the event of a rejection, the Director of Procurement shall notify all affected Bidders and provide a written explanation for such rejection. The City also reserves the right to reject the Response of any Bidder which has previously failed to properly perform under the Terms and Conditions of a City Contract, to deliver on time contracts of a similar nature, and which is not capable to perform the requirements defined in this Formal Solicitation. The foregoing is not an all-inclusive list of reasons for which a response may be rejected. The City further reserves the right to waive any irregularities, minor informalities, or technicalities in any or all responses and may, at its sole discretion, re -issue the Formal Solicitation. 1.4. ADDENDA - It is the Bidder's responsibility to ensure receipt of all Addenda. Responses to questions/inquiries from prospective Bidders will be provided in the form of an Addendum. Addenda are available at the Bidsync. 1.5. ALTERNATE RESPONSES -Alternate responses will not be considered, unless specifically IFB 1436386 requested by the City. 1.6. ASSIGNMENT - Successful Bidder/Contractor agrees not to subcontract, assign, transfer, convey, sublet, pledge, encumber, or otherwise dispose of the resulting Contract, in whole or in part, or any or all of its rights, title or interest herein, without the City's prior written consent. 1.7. ATTORNEY'S FEES - In connection with any litigation, appellate, administrative, mediation, and/or arbitration arising out of the resulting Contract, each party shall bear their own attorney's fees through and including, appellate litigation and any post judgment proceedings. 1.8. AUDIT RIGHTS AND RECORDS RETENTION -The Successful Bidder/Contractor 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 Successful Bidder/Contractor which are directly pertinent to this Formal Solicitation, for the purpose of audit, examination, excerpts, and transcriptions. The Successful Bidder/Contractor shall maintain and retain any and all of the books, documents, papers, and records pertinent to the resulting Contract for three (3) years after the City makes final payment and all other pending matters are closed. Successful Bidder's/Contractor's failure to, or refusal to comply with this condition, shall result in the immediate cancellation of this Contract by the City. The Audit Rights set forth in Section 18-102 of the City Code apply as supplemental terms and are deemed as being incorporated by reference herein. 1.9. AVAILABILITY OF CONTRACT STATE-WIDE - Any governmental, not -for -profit, or quasi - governmental entity in the State of Florida, may avail itself of this Contract and purchase any, and all goods/services, specified herein from the Successful Bidder/Contractor at the Contract price(s) established herein, when permissible by Federal, State, and local laws, rules, and regulations. Additionally, any governmental entity outside of the State of Florida but, within the Continental United States of America, may avail itself to this Contract and purchase any and all goods/services, specified herein from the Successful Bidder/Contractor 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 Contract will establish its own Contract, 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/Contractor. 1.10. AWARD OF CONTRACT - A. The Formal Solicitation, any addenda issued, the Bidder's response, and the Purchase Order shall constitute the entire Contract, unless modified in accordance with any ensuing Contract, or amendment. B.The award of a Contract, where there are Tie Bids, the tie breaker will be decided by the Director of Procurement or designee, in the instance that Tie Bids cannot 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 Specifications/Scope of Work. Bidder may be found non -responsive if such documents are not submitted in a timely manner and in the form required by the City. Where Bidder is found non -responsive, the City, through action taken by the Department of Procurement, will void its acceptance of the Bidder's Response and may accept the Response from the next lowest responsive, IFB 1436386 responsible Bidder most advantageous to the City or may re -solicit for the goods/services. The City, at its sole discretion, may seek monetary restitution from Bidder and/or its bid bond or guaranty, and/or similar security, if applicable, as a result of damages or increased costs sustained as a result of the Bidder's failure to satisfy the City's requirements. D. The term of the Contract shall be specified in one of three documents which shall be issued to the Successful Bidder. 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 eighty (180) 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 to extend is exercised, the City shall notify the Successful Bidder/Contractor, in writing, of its intent to extend the Contract in accordance with the existing terms and conditions for a specified number of days. Additional extensions beyond the first one hundred eighty (180) day extension may occur, if, the City and the Successful Bidder/Contractor 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, individual -item basis, or such method of award in the best interest of the City, unless otherwise specified. H. A Contract may be awarded to the Successful Bidder/Contractor by the City Commission based upon the minimum qualification requirements reflected herein. 1.11. BID BOND/ BID SECURITY - A cashier's or certified check issued by a bank authorized to transact banking business in Florida, or a Bid Bond/Bid Security signed by a surety company that is licensed to do business in the State of Florida, payable to the City of Miami, for the amount as specified in the bid, is required from all Bidders, if so indicated under the Special Conditions. This check or bond guarantees that a Bidder will accept the Contract, as bid, if it is awarded to Bidder. Bidder shall forfeit bid deposit to the City, should City award Contract to Bidder and Bidder fails to accept the award. The City reserves the right to reject any and all surety tendered to the City. Bid deposits are returned to unsuccessful Bidders within ten (10) days after the award and Successful Bidder's acceptance of award. If one hundred eighty (180) 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. BID SECURITY FORFEITED LIQUIDATED DAMAGES -Failure to execute a Contract 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 Bond/Bid Security to the City, which forfeiture shall be considered, not as a penalty, but in mitigation of damages sustained which cannot be determined at the time of award. Award may then be made to the next lowest responsive and responsible Bidder, or all Bid responses may be rejected. 1.13. BID RESPONSE FORM - All required forms in the Formal Solicitation should be completed, signed, and submitted accordingly as specified to in the Formal Solicitation. Digital signatures may only be utilized if expressly permitted in the solicitation. IFB 1436386 1.14. BRAND NAMES - If, and wherever in the specifications, brand names, makes, models, names of any manufacturers, trade names, or Bidder 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 desire to rule out other competitors' brands or makes, the phrase "APPROVED EQUAL" is added. Unless otherwise specified, any manufacturers' names, trade names, brand names, information or catalog numbers listed in aspecification are descriptive, not restrictive or exclusive. The Bidder shall provide any equipment that meets or exceeds the applicable specifications, including without limitation the following: Equal in every important attribute, to include industry quality measurable standard, quality of product, accessibility of distribution, durability/reliability/dependability and warranty coverage, and the delivery schedule. When bidding an "APPROVED EQUAL", Bidders shall submit, with their response, complete sets of necessary data (e.g., factory information sheets, specifications, brochures, etc.) in order for the City to evaluate and determine the equality of the item(s) bid. The Bidder shall demonstrate comparability, including appropriate catalog materials, literature, specifications, test data, etc. The City shall be the sole judge of equality and its decision shall be final. The City shall determine in its sole discretion, subject to the concurrence of the Project Manager whether goods are acceptable as an equivalent. Unless otherwise specified, evidence in the form of samples may be requested, if the proposed brand is other than specified by the City. Such samples are to be furnished after Formal Solicitation opening/closing, upon request of the City. If samples are requested by the City, such samples must be received by the City no later than seven (7) calendar days after a formal request is made. When "NO SUBSTITUTION" is used in conjunction with a manufacturer's name, brand name, and/or model number, that named item is the only item that will be accepted by the City in that particular instance. 1.15. CANCELLATION -The City reserves the right to cancel this Formal Solicitation, before its opening/closing. In the event of cancellation, the Director of Procurement shall notify all prospective Bidders and provide a written explanation for the cancellation. There shall be no recourse against the City for a cancellation made in accordance with this Section. 1.16. CAPITAL EXPENDITURES - Successful Bidder/Contractor understands that any capital expenditures that the Successful Bidder/Contractor makes, or prepares to make, in order to deliver/perform the goods/services required by the City, is a business risk which the Successful Bidder/Contractor must assume. The City will not be obligated to reimburse amortized or unamortized capital expenditures, or to maintain the approved status of any Successful Bidder/Contractor. If Successful Bidder/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, any subcontractor, 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, 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 Bid for the same goods/services, or with the City of Miami's Procurement Department or initiating department. The Bidder certifies that its response is fair, without control, collusion, fraud, or other illegal action. Bidder IFB 1436386 certifies that it is in compliance with the Conflict of Interest and Code of Ethics Laws. The City will investigate all potential situations where collusion may have occurred, and the City reserves the right to reject any and all Bids where collusion may have occurred. 1.19. COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS - Successful Bidder/Contractor understands that contracts between private entities and local governments are subject to certain laws, codes, and regulations, including laws pertaining to public records, sunshine (open meetings), conflict of interest, ethics records keeping, etc. City and Successful Bidder/Contractor agree to comply with and observe all applicable laws, codes, regulations, and ordinances, and to secure all applicable public approvals and/or consents, of any governmental agency and/or owner of intellectual property rights as that may in any way affect the goods or services 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. It National Forest Products Association (NFPA), as applicable to this Formal Solicitation. L City Procurement Ordinance, City Code Section 18, Article III. J. Conflict of Interest, City Code Section 2-611;61. K Cone of Silence, City Code Section 18-74. L The Florida Statutes Sections 218.70 to 218.79, the Prompt Payment Act. Lack of knowledge by the Successful Bidder/Contractor will in no way be a cause for relief from responsibility. Non-compliance with all applicable local, State, and Federal directives, orders, codes, rules, regulations, and laws may be considered grounds for termination of Contract at the option of the City Manager. Copies of the City Ordinances may be obtained from the City Clerk's Office. 1.20. CONE OF SILENCE - Pursuant to Section 18-74 of the City of Miami Code, a "Cone of Silence" is imposed upon each Formal Solicitation once advertised and terminates at the time the City Manager issues a written recommendation to the Miami City Commission. The Cone of Silence shall be applicable only to Formal Solicitations for the provision of goods and services for amounts greater than $200,000. The Cone of Silence prohibits any communication regarding Formal Solicitations between, among others: IFB 1436386 Potential vendors, service providers, bidders, lobbyists or consultants and the City's professional staff including, but not limited to, the City Manager and the City Manager's staff, the Mayor, City Commissioners, or their respective staffs. The provision does not apply to, among other communications: oral communications with the City Procurement 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 -bid conferences, or public presentations made to the Miami City Commission during a duly noticed public meeting; or communications in writing or by email at any time with any City employee, official or member of the City Commission unless specifically prohibited by the applicable Formal Solicitation documents; or communications in connection with the collection of industry comments or the performance of market research regarding a particular Formal Solicitation by City Procurement staff. Bidders must file a copy of any written communications with the Office of the City Clerk, which shall be made available to any person upon request. The City shall respond in writing and file a copy with the City Clerk's Office, which shall be made available to any person upon request. Written communications may be in the form of an e-mail, or fax with a copy to the City Clerk's Office being required. In addition to any other penalties provided by law, violation of the Cone of Silence by any Bidder shall render any award voidable. A violation by a particular Bidder, 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 Miami Dade County Commission on Ethics. This language is only a summary of the key provisions of the Cone of Silence. Please review City of Miami Code Section 18-74 for a complete and thorough description of the Cone of Silence. You may contact the City Clerk's Office at 305-250-5360 or clerks@miamigov.com, to obtain a copy of same. 1.21. CONFIDENTIALITY - As a political subdivision, the City of Miami is subject to the Florida Government in the Sunshine (public Meetings) Act and Public Records Act. If this Contract 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, by responding to this Formal Solicitation, certify that to the best of their knowledge or belief, no elected/appointed official or employee of the City of Miami is financially interested, directly or indirectly, in the purchase of goods/services specified in this Formal Solicitation. Any such interests on the part of the Bidder or its employees must be disclosed in writing to the City. Further, Bidder shall disclose the name of any City employee who owns, directly or indirectly, an interest of five percent (5%) or more of the total assets of capital stock in Bidder's firm. A. Bidder further agrees not to use or attempt to use any knowledge, property, or resource which may be within his/her trust, or perform his/her duties, to secure a special privilege, benefit, or exemption for himself/herself, or others. Bidder may not disclose or use information not available to members of the general public and gained by reason of his/her position, except for information relating exclusively to governmental practices, for his/her personal, or benefit, or for the personal gain, or benefit of any other person, or business entity. IFB 1436386 B. Bidder hereby acknowledges that he/she has not contracted or transacted any business with the City or any person, or agency acting for the City, and has not appeared in representation of any third party before any board, Commission, or agency of the City within the past two years. Bidder further warrants that he/she is not related, specifically the spouse, son, daughter, parent, brother, or sister, to: (i) any member of the Commission; (ii) the Mayor; (iii) any City employee; or (iv) any member of any board or agency of the City. C. A violation of this section may subject the Bidder to immediate termination of any contract with the City, and imposition of the maximum fine and/or any penalties allowed by law. 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 warrant that there has been no violation of copyright or patent rights in manufacturing, producing, or selling the goods shipped or ordered and/or services provided as a result of this Formal Solicitation, and Bidders agree to hold the City harmless from any and all liability, loss, or expense occasioned by any such violation. 1.24. COST INCURRED BY BIDDER - All expenses involved with the preparation and submission of Bids to the City, or any work performed in connection therewith shall be borne by the Bidder. 1.25. DEBARMENT AND SUSPENSIONS (SECTION 18-107) - A. Authority and requirement to debar/suspend. After reasonable notice to an actual or prospective Contractual Party, and after reasonable opportunity for such party to be heard, the City Manager, after consultation with the Chief Procurement Officer and the City Attorney, shall have the authority to debar a Contractual Party, for the causes listed below, from consideration for award of City Contracts. The debarment shall be for a period of not fewer than three (3) 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/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/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 ofrecords, 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 non -responsibility. 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 IFB 1436386 for debarment/suspension. 5) Debarment/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 responsibility of the Contractual Party performing city Contracts. C. Certification. All Contracts for goods and services, sales, and leases by the city shall contain a certification that neither the Contractual Party nor any of its principal owners or personnel have been convicted of any of the violations set forth above or debarred or suspended as set forth in paragraph (b)(5). D. Debarment and suspension decisions. Subject to the provisions of paragraph (a), the City Manager shall render a written decision stating the reasons for the debarment or suspension. A copy of the decision shall be provided promptly to the Contractual Party, along with a notice of said party's right to seek judicial relief. 1.26. DEBARRED/SUSPENDED VENDORS - An entity or affiliate who has been placed on the State of Florida debarred or suspended vendor list may not submit a Response for a solicitation to provide goods or services to a public entity; may not submit a Response to a solicitation 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 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. 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/Contractor 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/Contractor to meet any terms of a Contract, the City will notify the Successful Bidder/Contractor of the default and will provide the Successful Bidder/Contractor three (3) days (weekends and holidays excluded) upon notification, by the City, to remedy the default. Failure by the Successful Bidder/Contractor to correct the default within the required three (3) days, shall result in the Contract being terminated upon the City notifying in writing the Successful Bidder/Contractor of its intentions and the effective date of the termination. The following shall constitute default: A. Failure to perform the work or deliver the goods/services required under the Contract, and/or within the time required, or failing to use the subcontractors, entities, and personnel as identified and set forth, and to the degree specified in the Contract. B. Failure to begin the work under this Contract within the time specified. C. Failure to perform the work with sufficient workers and equipment, or with sufficient materials to ensure timely completion. IFB 1436386 D.Neglecting or refusing to remove materials or perform new work where prior work has been rejected as nonconforming with the terms of the Contract. E. Becoming insolvent, being declared bankrupt, or committing any act of bankruptcy or insolvency, or making an assignment for the benefit of creditors, if the insolvency, bankruptcy, or assignment renders the Successful Bidder/Contractor incapable of performing the work in accordance with, and as required by the Contract. F. Failure to comply with any of the terms of the Contract in any material respect. All costs and charges incurred by the City as a result of a default, or a default incurred beyond the time limits stated, together with the cost of completing the work, shall be deducted from any monies due, or which may become due on this Contract to the Successful Bidder/Contractor. 1.28. DETERMINATION OF RESPONSIVENESS AND RESPONSIBILITY - Each Bid will be reviewed to determine if it is responsive to the submission requirements outlined in the Formal Solicitation. A.Responsive Bid 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 to comply with these requirements may deem a Bid non -responsive. B. Determination of Responsibility. A Responsible Bidder shall mean a Bidder who has submitted a Bid and who has the capability, as determined under Section 18-95 of the City Code, 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) Bids will only be considered from any person or firm who are regularly engaged in the business of providing the good(s)/service(s) required by the Formal Solicitation. Bidder must be able to demonstrate a satisfactory record of performance and integrity, and have sufficient financial, material, equipment, facility, personnel resources, and expertise to meet all contractual requirements. 2) The City may consider any information available regarding the financial, technical, and other qualifications and abilities of a Bidder, including past performance (experience) with the City or any other governmental entity, in making the award. 3) The City may require the Bidder(s) to provide documentation 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. 1.29. DISCOUNTS OFFERED DURING TERM OF CONTRACT -Discount prices offered in the Response shall be fixed after the award of a Contract by the Commission, unless otherwise specified in the Special Terms and Conditions. Price discounts, off the original prices quoted in the Response, will be accepted from Successful Bidder/Contractor during the term of the Contract. Such discounts shall remain in effect for a minimum of one hundred and eighty (180) days from approval by the City Commission. Any discounts offered by a manufacturer to Successful Bidder/Contractor will be passed on to the City. 1.30. DISCREPANCIES, ERRORS, AND OMISSIONS -Any discrepancies, errors, or omissions in the Formal Solicitation, or Addenda (as applicable), should be reported in writing to the City's Procurement IFB 1436386 Department. Should it be found necessary, a written Addendum will be incorporated in the Formal Solicitation and will become part of the Purchase Order (Contract documents). The City will not be responsible for any oral instructions, clarifications, or other communications. A. Order of Precedence. Any inconsistency in this Formal Solicitation shall be resolved by giving precedence to the following documents, the first of such list being the governing documents. 1) Addenda (if applicable) 2) Specifications 3) Special Conditions 4) General Terms and Conditions 1.31. EMERGENCY/DISASTER PERFORMANCE -In the event of a natural disaster or other emergency, or disaster situation, the Successful Bidder/Contractor shall provide the City with the commodities/services defined within the scope of this Formal Solicitation at the price contained within Bidder's response. Further, Successful Bidder/Contractor shall deliver/perform for the City on a priority basis during such times of emergency. 1.32. ENTIRE BID CONTRACT -The Bid Contract consists of any amendments to the Bid Contract, the Formal Solicitation, including any addenda, Bidder's Response and any written agreement entered into by the City of Miami and Successful Bidder/Contractor, 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 Bid Contract conflicts with, modifies, alters or changes any of the terms and conditions contained in the Formal Solicitation and/or Bid, the Formal Solicitation, including any addenda, and then the Bid shall control. This Contract may be amended only by a written agreement signed by the City and Successful Bidder/Contractor. 1.33. ESTIMATED QUANTITIES — Estimated quantities or dollars are provided for the Bidder's guidance only: (a) estimates are based on the City's anticipated needs and/or usage during a previous contract period and; (b) the City may use these estimates to determine the low Bidder. Estimated quantities do not contemplate or include possible additional quantities that may be ordered by other government, quasi -government or non-profit entities utilizing this Contract. 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 the Contract. Said estimates may be used by the City for purposes of determining the low Bidder meeting specifications. The City reserves the right to acquire additional quantities at the prices bid or at lower prices in this Formal Solicitation. 1.34. EVALUATION OF RESPONSES — A. Rejection of Bids. The City may reject a Bid for any of the following reasons: 1) Bidder fails to acknowledge receipt of addenda; 2) Bidder misstates or conceals any material fact in the Bid; 3) Bid does not conform to the requirements of the Formal Solicitation; 4) Bid requires a conditional award that conflicts with the method of award; 5) Bid does not include required samples, certificates, licenses; and, 6) Bid was not executed by the Bidder's authorized agent. IFB 1436386 The foregoing is not an all-inclusive list of reasons for which a Bid may be rejected. The City may reject, and/or re -advertise for all or any portion of the Formal Solicitation, whenever it is deemed in the best interest of the City. B. Elimination from Consideration. 1) A Bid Contract shall not be awarded to any person or firm which is in arrears to the City upon any debt or contract, or which is a defaulter as surety or otherwise upon any obligation to the City. 2) A Bid 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 failed to deliver on time, under contracts of a similar nature. 3) A Bid contract may not be awarded to any person or firm who has been debarred by the City, in accordance with the City's Debarment and Suspension Ordinance (Section 18-107) or is currently debarred by the State of Florida or any political subdivision, or is on the convicted vendor's list per Section 287.133, Florida Statutes. 1.35. EXCEPTIONS TO GENERAL TERMS AND/OR SPECIAL CONDITIONS OR SPECIFICATIONS - Exceptions to the specifications shall be listed in the Bid and shall reference the applicable section. Any exceptions to the General Terms and/or Special Conditions shall be cause for a Bid to be considered non -responsive. 1.36. Freight on Board (F.O.B) DESTINATION -Unless otherwise specified in the Formal Solicitation, all prices quoted/proposed by the Bidder must be F.O.B. DESTINATION, inside delivery, with all delivery costs and charges included in the bid price, unless otherwise specified in this Formal Solicitation. Failure to do so may be cause for rejection of Bid. 1.37. FIRM PRICES - The Bidder warrants that prices, terms, and conditions quoted in its Bid will be firm throughout the duration of the Bid Contract unless otherwise specified in the Formal Solicitation. Such prices will remain firm for the period of performance, or resulting purchase orders, or Bid Contracts. 1.38. FLORIDA MINIMUM WAGE AND CITY OF MIAMI LIVING WAGE ORDINANCE - A. Florida Minimum Wage. In accordance with the Constitution of the State of Florida, Article X, Section 24, employers shall pay employee wages no less than the minimum wage for all hours worked in Florida. Accordingly, it is the Successful Bidder's/Contractor's and their subcontractor's responsibility to understand and comply with this Florida minimum wage requirement and pay its employees the current established hourly minimum wage rate. This minimum wage rate is subject to change or adjusted by the rate of inflation using the consumer price index ("CPI") for urban wage earners and clerical workers, CPI- W, or a successor index as calculated by the United States Department of Labor. Each adjusted minimum wage rate calculated, shall be determined and published by the Agency Workforce Innovation on September 30th of each year and take effect on the following January 1st. It is the Bidder's and their subcontractor's (if applicable), full responsibility to determine whether any of their employees may be impacted by this Florida Minimum Wage Law, at any given point in time during the term of the Bid Contract. If impacted, Bidder must provide, with its bid, employee name(s), job title(s), job description(s), and current pay rate(s). Failure to submit this information at the time of bid submittal constitute Successful Bidder's/Contractor's acknowledgement and understanding that the Florida Minimum Wage Law will not impact its prices throughout the term of the Bid Contract, and a waiver of any contractual price increase request(s). The City reserves the right to request, and the Successful IFB 1436386 Bidder/Contractor must provide for any, and all information to make a wage and contractual price increase(s) determination. R City of Miami Living Wage Ordinance. The City of Miami adopted a Living Wage Ordinance for City Service Contracts with a total contract value exceeding $100,000 annually, and that have been competitively solicited and awarded on, or after January 1, 2017, by the City. "Service Contract" means a contract to provide services to the City, excluding, however, professional services as defined by the "Consultants Competitive Negotiation Act" set forth in F.S. § 287.055, and Section 18-87 of the City Code, and/or the other exclusions provided by Section 18-557 of the City Code. Section 18-557 is attached as Attachment A. Please see provisions in Attachment- Living Wage. If a solicitation requires services, effective on January 1, 2017, Contractors must pay to all its employees, who provide services, a living wage of no less than $15.00 per hour without health benefits, or a wage of no less than $13.19 an hour, with health benefits. This language is only a summary of the key provisions of the City of Miami Living Wage Ordinance. Please review Attachment A, attached hereto, for a complete and thorough description of the City of Miami Living Wage Ordinance. 1.39. GOVERNING LAW AND VENUE - The validity and effect of any Bid Contract as a result of this Formal Solicitation shall be governed by the laws of the State of Florida. The parties agree that any action, mediation, or arbitration arising out of the Bid 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 the Bid 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 conditions hereof. 1.41. HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT (HIPPA) - Any person, firm, or entity that performs or assists the City of Miami with a function or activity involving the use or disclosure of "individually identifiable health information (IIHI), and/or Protected Health Information (PHI), shall comply with the Health Insurance Portability and Accountability Act (HIPAA) of 1996, and the City of Miami Privacy Standards. HIPAA mandates for privacy, security, and electronic transfer standards, which include, but are not limited to: A. Use of information only for performing services required by the contract or as required by law; B. Use of appropriate safeguards to prevent non -permitted disclosures; C. Reporting to the City of Miami of any non -permitted use or disclosure; D. Assurances that any agents and subcontractors agree to the same restrictions and conditions that apply to the Bidder and reasonable assurances that IIHI/PHI will be held confidential; E. Making PHI available to the customer; F. Making PHI available to the customer for review and amendment; and incorporating any amendments IFB 1436386 requested by the customer; G. Making PHI available to the City of Miami for an accounting of disclosures; and H. Making internal practices, books and records related to PHI available to the City of Miami for compliance audits. PHI shall maintain its protected status regardless of the form and method of transmission (i.e., paper records, and/or electronic transfer of data). The Successful Bidder/Contractor must give its customers written notice of its privacy information practices, including specifically, a description of the types of uses and disclosures that would be made with protected health information. 1.42 INDEMNIFICATION -Successful Bidder/Contractor shall indemnify, hold and save harmless, and defend (at its own cost and expense), the City, its officers, agents, directors, and/or employees, from all liabilities, damages, losses, judgements, and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness, negligent act or omission, or intentional wrongful misconduct of Successful Bidder/Contractor and persons employed or utilized by Successful Bidder/Contractor in the performance of this Contract. The Successful Bidder/Contractor shall further, hold the City, its officials and employees, indemnify, save and hold harmless for, and defend (at its own cost), the City its officials and/or 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. In the event that any action or proceeding is brought against the City by reason of any such claim or demand, the Successful Bidder/Contractor shall, upon written notice from the City, resist and defend such action or proceeding by counsel satisfactory to the City. The Successful Bidder/Contractor expressly understands and agrees that any insurance protection required by this Contract or otherwise provided by the Successful Bidder/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 the Successful Bidder/Contractor to defend, at its own expense, to and through trial, administrative, appellate, supplemental or bankruptcy proceeding, or to provide for such defense, at the City's option, any and all claims of liability and all suits and actions of every name and description which may be brought against the City, whether performed by the Successful Bidder/Contractor, or persons employed or utilized by the Successful Bidder/Contractor. These duties will survive the cancellation or expiration of the Contract. This Section will be interpreted under the laws of the State of Florida, including without limitation and interpretation, which conforms to the limitations of Sections 725.06 and/or 725.08, Florida Statutes, as applicable and as amended. Successful Bidder/Contractor shall require all sub-consultant/contractor agreements to include a provision that each sub -contractor will indemnify the City in substantially the same language as this Section. The Successful Bidder/Contractor agrees and recognizes that the City shall not be held liable or responsible for any claims which may result from any actions or omissions of the Successful Bidder/Contractor in which the City participated either through review or concurrence of the Consultant's actions. In reviewing, approving or rejecting any submissions by the Successful Bidder/Contractor or other acts of the Successful Bidder/Contractor, the City, in no way, assumes or shares any responsibility or liability of the Successful Bidder/Contractor or sub-consultant/contractor under this Contract. IFB 1436386 Ten dollars ($10) of the payments made by the City constitute separate, distinct, and independent consideration for the granting of this Indemnification, the receipt and sufficiency of which is voluntarily and knowingly acknowledged by the Successful Bidder/Contractor. 1.43. FORMATION AND DESCRIPTIVE LITERATURE - Bidders must furnish all information requested in the spaces provided in the Formal Solicitation. Further, as may be specified elsewhere, each Bidder 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 bid, or on file with the City, will not satisfy this provision. 1.44. INSPECTIONS - The City may, at reasonable times during the term of the Bid Contract, inspect Successful Bidder's/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 Successful Bidder/Contractor, under the Bid Contract conform to the terms and conditions of the Formal Solicitation. Successful Bidder/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 18-101) City Code, as same may be amended or supplemented, from time to time, which, in conjunction with Section 18-102, providing for audits of City contractors, are applicable and are deemed as being incorporated by reference as supplemental terms. 1.45. INSPECTION OF BID - Bids 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 results will be tabulated and may be furnished upon request, via fax or e-mail, to the City's Procurement Contracting Officer, issuing the Formal Solicitation. Tabulations are also available on the City's website following a recommendation for award. 1.46.INSURANCE - Within ten (10) days after receipt of Notice of Award, the Successful Bidder/Contractor, shall furnish the evidence of insurance to the Procurement Department, as applicable. Submitted evidence of insurance shall demonstrate strict compliance with all requirements stipulated in the Special Conditions section titled "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 certificate of insurance is received within the specified time frame but not in the manner prescribed in the Formal Solicitation, the Successful Bidder/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 Successful Bidder/Contractor fails to submit the required insurance documents in the manner prescribed in the Formal Solicitation within fifteen (15) calendar days after receipt of the Notice of Award, the Successful Bidder/Contractor shall be in default of the contractual terms and conditions and will not be awarded the contract. Information regarding any insurance requirements shall be directed to the Risk Management Director, Department of Risk Management, at 444 SW 2nd Avenue, 9th Floor, Miami, Florida 33130, 305- 416-1384. The Successful Bidder/Contractor shall be responsible for ensuring that the insurance documents required in conjunction with this Section remain in effect for the duration of the contractual period; including any renewals and extensions that may be exercised by the City. IFB 1436386 1.47.INVOICES - Invoices submitted by Successful Bidder/Contractor to the City shall include the Purchase Order number and description of goods and/or services delivered (i.e., quantity, unit price, extended price, etc.); and in compliance with Chapter 218 of the Florida Statutes (Prompt Payment Act). 1.48. LOCAL PREFERENCE -City Code Section 18-85, states, "when a responsive, responsible non - local Bidder submits the lowest bid price, and the bid submitted by one or more responsive, responsible local Bidders who maintain a local office, as defined in Section 18-73, is within fifteen percent (15%) of the price submitted by the non -local Bidder, then that non -local Bidder and each of the aforementioned responsive, responsible local Bidders shall have the opportunity to submit a best and final bid equal to or lower than the amount of the low bid previously submitted by the non -local Bidder. Contract award shall be made to the lowest responsive, responsible Bidder submitting the lowest best and final bid. In the case of a tie in the best and final bid between a local Bidder and a non -local Bidder, contract award shall be made to the local Bidder." 1.49. MANUFACTURER'S CERTIFICATION - The City reserves the right to request from Bidders a separate Manufacturer's Certification of all statements made in the Bid. Failure to provide such certification may result in the rejection of the Bid, or termination of the Bid Contract, for which the Bidder/Successful Bidder/Contractor shall bear full liability. 1.50. MODIFICATIONS OR CHANGES IN PURCHASE ORDERS AND CONTRACTS - No Contract or understanding to modify the Formal Solicitation and the resultant Purchase Order(s) or Bid Contract, if applicable, shall be binding upon the City, unless made in writing by the City's Director of Procurement through the issuance of a change order, addendum, amendment, or supplement to the Bid Contract, Purchase Order, or award sheet, as applicable. 1.51. MOST FAVORED NATIONS - Successful Proposer shall not treat the City of Miami ("City") worse than any other similarly situated local government and, in this regard, grants the City a "most favored nations clause" meaning the City will be entitled to receive and be governed by the most favorable terms and conditions that Successful Bidder/Proposer grants now or in the future to a similarly situated local government. 1.52. NO PARTNERSHIP OR JOINT VENTURE - Nothing contained in the Bid Contract will be deemed or construed to create a partnership or joint venture between the City and Successful Bidder/Contractor, or to create any other similar relationship between the parties. 1.53. NONCONFORMANCE TO CONTRACT CONDITIONS - Items may be tested for compliance with specifications under the direction of the Florida Department of Agriculture and Consumer Services, or by other appropriate testing laboratories as determined by the City. The data derived from any test for compliance with specifications is public record, and open to examination thereto in accordance with Chapter 119, Florida Statutes. Items delivered, not conforming to specifications may be rejected, and returned at Successful Bidder's/Contractor's expense. The non -conforming items not delivered in accordance with the stipulated delivery date in the Bid and/or Purchase Order, may result in Successful Bidder/Contractor being found in default, in which event, any and all re -procurement costs may be charged against the defaulted Successful Bidder/Contractor. Any violation of the above stipulations may also result in the Successful Bidder/Contractor being removed from the City's supplier's list. 1.54. NONDISCRIMINATION, EQUAL EMPLOYMENT OPPORTUNIT, AND AMERICANS IFB 1436386 WITH DISABILITIES ACT- Successful Bidder/Proposer/Contractor shall not unlawfully discriminate against any person in its operations and activities or in its use or expenditure of funds in fulfilling its obligations under this Agreement. Successful Bidder/Proposer/Contractor shall affirmatively comply with all applicable provisions of the Americans with Disabilities Act (ADA) in the course of providing any services funded by City, including Titles I and II of the ADA (regarding nondiscrimination on the basis of disability), and all applicable regulations, guidelines, and standards. In addition, Successful Bidder/Proposer/Contractor shall take affirmative steps to ensure nondiscrimination in employment against disabled persons. Successful Bidder/Proposer/Contractor affirms that it shall not discriminate as to race, age, religion, color, gender, gender identity, sexual orientation, national origin, marital status, physical or mental disability, political affiliation, or any other factor which cannot be lawfully used in connection with its performance under the Formal Solicitation. Furthermore, Successful Bidder/Proposer/Contractor affirms that no otherwise qualified individual shall solely by reason of their race, age, religion, color, gender, gender identity, sexual orientation, national origin, marital status, physical or mental disability, political affiliation, or any other factor which cannot be lawfully used, be excluded from the participation in, be denied benefits of, or be subjected to, discrimination under any program or activity. In connection with the conduct of its business, including performance of services and employment of personnel, Successful Bidder/Proposer/Contractor shall not discriminate against any person on the basis of race, age, religion, color, gender, gender identity, sexual orientation, national origin, marital status, physical or mental disability, political affiliation, or any other factor which cannot be lawfully used. All persons having appropriate qualifications shall be afforded equal opportunity for employment. 1.55. NON-EXCLUSIVE CONTRACT/ PIGGYBACK PROVISION - At such times as may serve in the City's best interest, the City reserves the right to advertise for, receive, and award additional contracts for the goods and/or services described herein, and to make use of other competitively bid (governmental) contracts, agreements, or other similar sources, for the purchase of the goods and/or services described herein, as may be available in accordance with the applicable provisions of the City of Miami Procurement Ordinance. It is hereby agreed and understood that the Formal Solicitation does not constitute the exclusive rights of the Successful Bidder(s)/Contractor(s) to receive all orders that may be generated by the City, in conjunction with the Formal Solicitation. In addition, any and all goods, and/or 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 the Formal Solicitation, unless such purchases are determined to be in the best interest of the City. 1.56. NOTICE REGARDING "CURES" - Bids submitted with irregularities, deficiencies, and/or technicalities that deviate from the minimum qualifications and submission requirements of Request for Qualifications (RFQ), Request for Proposals (RFP), invitation to bid (ITB), invitation for bids (IFB), invitation to quote (ITQ), Requests for Letters of Interest (RFLI) and Request for Sponsorships (RFS) shall result in a non -responsive determination. any solicitation issued after May 6, 2019, shall comply with APM 2-19. APM 2-19 is attached hereto. only minor irregularities, deficiencies, and technicalities may be allowed to be timely cured by the proposer at the sole discretion of the city. material irregularities, deficiencies, and technicalities cannot be cured by the proposer, and are not waivable by the city. IFB 1436386 BIDS SUBMITTED WITH IRREGULARITIES, DEFICIENCIES, AND/OR TECHNICALITIES THAT DEVIATE FROM THE MINIMUM QUALIFICATIONS AND SUBMISSION REQUIREMENTS OF THIS IFB SHALL RESULT IN A NON -RESPONSIVE DETERMINATION. The City will not give consideration to the curing of any Bids that fail to meet the minimum qualifications and submission requirements of this IFB. Proposer understands that non -responsive Bids will not be evaluated. 1.57. OCCUPATIONAL LICENSE/BUSINESS TAX RECEIPT - Any person, firm, corporation, or joint venture, with a business location within the City's municipal boundaries and is submitting a Bid under the Formal Solicitation shall meet the City's Business Tax Receipt requirements in accordance with Chapter 31.1, Article I of the City of Miami Charter. Others with a location outside of the City's municipal boundaries shall meet their local Occupational License/Business Tax Receipt requirements. A copy of the Occupational License/Business Tax Receipt must be submitted with the Bid; however, the City may, in its sole discretion, and in its best interest, allow the Bidder to provide the Occupational License/Business Tax Receipt to the City during the evaluation period, but prior to award. A Certificate of Use ("CU") will be required if applicable under City regulations. 1.58. ONE PROPOSAL - Only one (1) Bid from an individual, firm, partnership, corporation, or joint venture will be considered in response to the Formal Solicitation, unless otherwise stipulated in the Formal Solicitation. 1.59. OWNERSHIP OF DOCUMENTS - It is understood by and between the parties, that any documents, records, files, or any other matter whatsoever, which is given by the City to the Successful Bidder/Contractor, pursuant to the Formal Solicitation shall at all times remain the property of the City and shall not be used by the Successful Bidder/Contractor for any other purposes whatsoever, without the written consent of the City. 1.60. PARTIAL INVALIDITY - If any provision of the Bid Contract or the application thereof, to any person or circumstance, shall to any extent be held invalid, then the remainder of the Bid Contract or, the application of such provision to persons or circumstances other than those as to which it is held invalid, shall not be affected thereby, and each provision of the Bid Contract shall be valid and enforced to the fullest extent permitted by law. 1.61. PERFORMANCE/PAYMENT BOND - A Successful Bidder/Contractor may be required to furnish a Performance/Payment Bond as part of the requirements of the Bid Contract, in an amount equal to one hundred percent (100%) of the Bid Contract price. Any bond furnished will comply with Florida Law and be in a form acceptable to the City of Miami Risk Management Director. 1.62. PREPARATION OF BIDS - Bidders are expected to examine the specifications, required delivery, drawings, and all special and general conditions. A. Each Bidder shall furnish the information required in the Formal Solicitation. The Bidder shall print, type or manually enter all requested information, sign and upload the Certification Statement. B. If so required, the unit price for each unit offered, shall be shown, and such price shall include packaging, handling and shipping, and F.O.B. Miami delivery inside City premises, unless otherwise specified. Bidder shall include in their Bid all taxes, insurance, social security (if applicable), workmen's compensation, and IFB 1436386 any other benefits normally paid by the Bidder to its employees. If applicable, a unit price shall be entered in the "Unit Price" column for each item. Based upon estimated quantity, an extended price shall be entered in the "Extended Price" column for each item offered. In case of a discrepancy between the unit price and extended price, the unit price will prevail. C. The Bidder must state a definite time, if required, in calendar days, for delivery of goods and/or services. D. The Bidder should retain a copy of all response documents for future reference. E. All Bids, as described, must be fully completed and typed, or printed in ink and must be signed in ink with the Bidder's name, and by an officer or employee having authority to represent the Bidder by their signature. Bids having any erasures or corrections, must be initialed in ink by person signing the Certification Statement or the Bid may be rejected. F. Bids shall remain valid for at least 180 days. Upon award of a Bid Contract, the content of the Successful Bidder's/Contractor's Bid, may be included as part of the Bid Contract, at the City's discretion. G. The City 's Bid Forms shall be used when Bidder is submitting its Bid. Use of any other forms, will result in the rejection of the Bid. 1.63. PRICE ADJUSTMENTS - Any price decrease effectuated during the Bid Contract period, either by reason of market change, or on the part of the Successful Bidder/Contractor to other customers shall be passed on to the City. 1.64. PRODUCT SUBSTITUTES - In the event a particular awarded and approved manufacturer's product becomes unavailable during the term of the Bid Contract, the Successful Bidder/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. 1.65. CONFLICT OF INTEREST, AND UNETHICAL BUSINESS PRACTICE PROHIBITIONS - Successful Bidder/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 the Bid Contract and that the Successful Bidder/Contractor 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 the Bid Contract. 1.66. PROMPT PAYMENT — Bidders may offer a cash discount for prompt payment; however, discounts shall not be considered in determining the lowest net cost for Bid evaluation purposes. Bidders are required to provide their prompt payment terms in the space provided on the Formal Solicitation. If no prompt payment discount is being offered, the Bidder must enter zero (0) for the percentage discount to indicate no discount. If the Bidder fails to enter a percentage, it is understood and agreed that the terms shall be two percent (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 IFB 1436386 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 Bidder(s) during the term of the contract. The City will comply with the Florida Prompt Payment Act, as applicable. 1.67. PROPERTY - Property owned by the City is the responsibility of the City. Such property furnished to a Successful Bidder/Contractor for repair, modification, study, etc., shall remain the property of the City. Damages to such property occurring while in the possession of the Successful Bidder/Contractor shall be the responsibility of the Successful Bidder/Contractor. Damages occurring to such property while in route to the City, shall be the responsibility of the Successful Bidder/Contractor. In the event that such property is destroyed, or declared a total loss, the Successful Bidder/Contractor shall be responsible for the replacement value of the property, at the current market value, less depreciation of the property, if any. 1.68. PROVISIONS BINDING - Except as otherwise expressly provided in the resultant Bid Contract, all covenants, conditions and provisions of the resultant Bid Contract, shall be binding upon, and shall inure to the benefit of the parties hereto and their respective heirs, legal representatives, successors, and assigns. 1.69. 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: A. Submit a Bid to provide any goods or services to a public entity. B. Submit a Bid on a contract with a public entity for the construction or repair of a public building or public work. C. Submit responses on leases of real property to a public entity. D. Be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity. E. Transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. 1.70. PUBLIC RECORDS — Successful Bidder/Contractor understands that the public shall have access, at all reasonable times, to all documents and information pertaining to City contracts, subject to the provisions of Chapter 119, Florida Statutes, and City 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. Successful Bidder/Contractor shall additionally comply with the provisions of Section 119.0701, Florida Statutes, titled "Contracts; public records". Successful Bidder/Contractor shall additionally comply with Section 119.0701, Florida Statutes, including without limitation: A. Keep and maintain public records that ordinarily and necessarily would be required by the City to perform this service. IFB 1436386 B. Provide the public with access to public records on the same terms and conditions as the City would at the cost provided by Chapter 119, Florida Statutes, or as otherwise provided by law. C. Ensure that public records that are exempt or confidential and exempt from disclosure are not disclosed except as authorized by law. D. Meet all requirements for retaining public records and transfer, at no cost, to the City all public records in its possession upon termination of this Agreement and destroy any duplicate public records that are exempt or confidential and exempt from disclosure requirements. E. All electronically stored public records must be provided to the City in a format compatible with the City's information technology systems. 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 PUBLICRECORDS@MIAMIGOV.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. Successful Bidder/Contractor's failure or refusal to comply with the provision of this Section shall result in the immediate cancellation of the Bid Contract by the City. 1.71. QUALITY OF GOODS, MATERIALS, SUPPLIES, AND PRODUCTS - All materials used in the manufacturing, or construction of supplies, or materials, covered by the Formal Solicitation shall be new. The items bid shall be of the latest make or model, of the best quality, and of the highest grade of workmanship, unless as otherwise specified in the Formal Solicitation. 1.72. QUALITY OF WORK/SERVICES - The work/services performed shall 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 the Formal Solicitation. 1.73. REMEDIES PRIOR TO AWARD (SECTION 18-106) - If prior to a Bid Contract award, it is determined that a Formal Solicitation or proposed bid award is in violation of law, then the Formal Solicitation or proposed bid award shall be cancelled and all bids rejected by the City Commission, the City Manager, or the Chief Procurement Officer, as may be applicable, or revised to comply with the law. 1.74.RESOLUTION OF CONTRACT DISPUTES (SECTION 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 disputes between the Successful Bidder/Contractor 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 disputes 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 IFB 1436386 promptly render a written report stating the reasons for the action taken by the City Commission, or the City Manager, which shall be final and conclusive. A copy of the decision shall be immediately provided to the protesting party, along with a notice of such party's right to seek judicial relief, provided that the protesting party shall not be entitled to such judicial relief without first having followed the procedure set forth in this Section. 1.75.RESOLUTION OF PROTESTED SOLICITATIONS AND AWARDS (SECTION 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 $25,000.00. Protests thereon shall be governed by the administrative policies and procedures of purchasing. (1) Protest of solicitation. a. Any prospective proposer who perceives itself aggrieved in connection with the solicitation of a contract may protest to the chief procurement officer. A written notice of intent to file a protest shall be filed with the chief procurement officer within three days after the request for proposals, request for qualifications or request for letters of interest is published in a newspaper of general circulation. A notice of intent to file a protest is considered filed when received by the chief procurement officer; or b. Any prospective bidder who intends to contest bid specifications or a bid 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 bid 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. a. Any actual proposer who perceives itself aggrieved in connection with the recommended award of 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 two days after receipt by the proposer of the notice of the city manager's recommendation for award of contract. The receipt by proposer 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; or b. 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. c. A written protest based on any of the foregoing must be submitted to the chief procurement officer within five days after the date the notice of protest was filed. A written protest is considered filed when received by the chief procurement officer. IFB 1436386 The written protest may not challenge the relative weight of the evaluation criteria or the formula for assigning points in making an award determination. The written protest shall state with particularity the specific facts and law upon which the protest of the solicitation or the award is based and shall include all pertinent documents and evidence and shall be accompanied by the required filing fee as provided in subsection (f). This shall form the basis for review of the written protest and no facts, grounds, documentation or evidence not contained in the protester's submission to the chief procurement officer at the time of filing the protest shall be permitted in the consideration of the written protest. No time will be added to the above limits for service by mail. In computing any period of time prescribed or allowed by this section, the day of the act, event or default from which the designated period of time begins to run shall not be included. The last day of the period so computed shall be included unless it is a Saturday, Sunday or legal holiday in which event the period shall run until the end of the next day which is neither a Saturday, Sunday or legal holiday. Intermediate Saturdays, Sundays and legal holidays shall be excluded in the computation of the time for filing. (b) Authority to resolve protests; hearing officer(s). Hearing officers appointed by the city shall have authority to resolve protests filed under this chapter of the City Code. The city manager shall appoint a hearing officer, from a separate list of potential hearing officers pre -approved by the city commission, to resolve protests filed in accordance with this section, no later than five working days following the filing of a bid protest. The hearing officer shall have the authority to settle and resolve any written protest. The hearing officer shall submit said decision to the protesting party and to the other persons specified within ten days after he/she holds a hearing under the protest. (1) Hearing officer. The hearing officer may be a special master as defined in chapter 2, article X, section 2-811 of the City Code, or a lawyer in good standing with the Florida Bar for a minimum of ten years with a preference given to a lawyer who has served as an appellate or trial court judge. The hearing officer may be appointed from alternative sources (e.g., expert consulting agreements, piggyback contracts, etc.) where the city commission adopts a recommendation of the city attorney that such action is necessary to achieve fairness in the proceedings. The engagement of hearing officers is excluded from the procurement ordinance as legal services. The hearing officers appointed in the pre -qualified group should be scheduled to hear protests on a rotational basis. (2) Right of protest. Any actual bidder or proposer who has standing under Florida law dissatisfied and aggrieved with the decision of the city regarding the protest of a solicitation or the protest of an award as set forth above in this section may request a protest hearing. Such a written request for a protest hearing must be initiated with a notice of intent to protest followed by an actual protest as provided in subsection 18-104(a). The notice of intent to protest and the actual protest must each be timely received by the chief procurement officer and must comply with all requirements set forth in subsection 18-104(a). Failure to submit the required notice of intent to protest and the actual protest within the specified timeframes will result in an administrative dismissal of the protest. (3) Hearing date. Within 30 days of receipt of the notice of protest, the chief procurement officer shall schedule a hearing before a hearing officer, at which time the person protesting shall be given the opportunity to demonstrate why the decision of the city relative to the solicitation or the award, which may IFB 1436386 include a recommendation for award by the city manager to the city commission, as applicable, should be overturned. The party recommended for award, if it is a protest of award, shall have a right to intervene and be heard. (4) Hearingprocedure. The procedure for any such hearing conducted under this article shall be as follows: a. The city shall cause to be served by certified mail a notice of hearing stating the time, date, and place of the hearing. The notice of hearing shall be sent by certified mail, return receipt requested, to the mailing address of the protester. b. The party, any intervenor, and the city shall each have the right to be represented by counsel, to call and examine witnesses, to introduce evidence, to examine opposing or rebuttal witnesses on any relevant matter related to the protest even though the matter was not covered in the direct examination, and to impeach any witness regardless of which party first called him/her to testify. The hearing officer may extend the deadline for completion of the protest hearing for good cause shown, but such an extension shall not exceed an additional five business days. The hearing officer shall consider the written protest and supporting documents and evidence appended thereto, supporting documents or evidence from any intervenor, and the decision or recommendation as to the solicitation or award being protested, as applicable. The protesting party, and any intervenor, must file all pertinent documents supporting his/her protest or motion to intervene at least five business days before the hearing, as applicable. The hearing officer shall allow a maximum of two hours for the protest presentation and a maximum of two hours for the city response. When there is an intervenor, a maximum of two hours will be added for the intervenor. In the event of multiple protests for the same project, the hearing officer shall allocate time as necessary to ensure that the hearing shall not exceed a total of one day. c. The hearing officer shall consider the evidence presented at the hearing. In any hearing before the hearing officer, irrelevant, immaterial, repetitious, scandalous, or frivolous evidence shall be excluded. All other evidence of a type commonly relied upon by reasonably prudent persons in the conduct of their affairs shall be admissible whether or not such evidence would be admissible in trial in the courts of Florida. The hearing officer may also require written summaries, proffers, affidavits, and other documents the hearing officer determines to be necessary to conclude the hearing and issue a final order within the time limits set forth by this section. d. The hearing officer shall determine whether procedural due process has been afforded, whether the essential requirements of law have been observed, and whether the decision was arbitrary, capricious, an abuse of discretion, or unsupported by substantial evidence as a whole. Substantial evidence means such relevant evidence as a reasonable mind might accept as adequate to support a conclusion. e. Within ten days from the date of the hearing, the hearing officer shall complete and submit to the City Manager, the City Attorney, any intervenor, the Chief Procurement Officer, and the person requesting said hearing a final order consisting of his/her findings of fact and conclusions of law as to the denial or granting of the protest, as applicable. f. The decisions of the hearing officer are final in terms of city decisions relative to the protest. Any appeal from the decision of the hearing officer shall be in accordance with the Florida Rules of Appellate Procedure. IFB 1436386 (c) Compliance with filing requirements. Failure of a party to timely file either the notice of intent to file a protest or the written protest, together with the required filing fee as provided in subsection (f), with the chief procurement officer within the time provided in subsection (a), above, shall constitute a forfeiture of such party's right to file a protest pursuant to this section. The protesting party shall not be entitled to seek judicial relief without first having followed the procedure set forth in this section. (d) Stay of procurements during protests. Upon receipt of a written protest filed pursuant to the requirements of this section, the city shall not proceed further with the solicitation or with the award of the contract until the protest is resolved by the chief procurement officer or the city commission as provided in subsection (b) above, unless the 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. (fl Filing fee. The written protest must be accompanied by a filing fee in the form of a money order or cashier's check payable to the city in an amount equal to one percent of the amount of the bid or proposed contract, or $5,000.00, 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. (Ord. No. 12271, § 2, 8-22-02; Ord. No. 13629, § 2, 9-8-16) 1.76. SAMPLES - Samples of items, when required, must be submitted within the time specified at no expense to the City. If not destroyed by testing, Bidder(s) will be notified by the City to remove such samples, at Bidder's expense, within 30 days after notification. Failure to remove the samples will result in such samples becoming the property of the City. 1.77. SELLING, TRANSFERRING OR ASSIGNING RESPONSIBILITIES - Successful Bidder/Contractor shall not sell, assign, transfer, or subcontract at any time during the term of the Contract, the Contract itself, or any portion thereof, or any part of its operations, or assign, sell, pledge, dispose, convey, or encumber any portion of the performance required by this Bid 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. 1.78. SERVICE AND WARRANTY - When specified, the Bidder shall define all warranty, service, and IFB 1436386 replacements that will be provided. Bidders must explain on the Bid to what extent warranty and service facilities are available. A copy of the manufacturer's warranty, if applicable, should be submitted with Bidder's response. 1.79. SILENCE OF SPECIFICATIONS - The apparent silence of the scope of work/specifications, and any supplemental scope of work/specification as to any detail or the omission from it, of detailed description concerning any point, shall be regarded as meaning that only the best commercial practices are to prevail, and that only materials of first quality and correct type, size, and design shall be used. All workmanship and services shall be first quality. All interpretations of the scope of work/specifications shall be made upon the basis of this statement. If Bidder has a current contract with the State of Florida, Department of General Services, to supply the items in the Formal Solicitation, the Bidder shall quote not more than the contract price; failure to comply with this request will result in disqualification of the Bid. 1.80. SUBMISSION AND RECEIPT OF BIDS - Electronic Bid submittals to this IFB are to be submitted through BidSync Electronic Bidding System ("BidSync") until the date and time as indicated in the Solicitation. The responsibility for submitting a Bid on/or before the stated closing time and date is solely and strictly the responsibility of the Bidder. The City will in no way be responsible for delays caused by technical difficulties or caused by any other occurrence. Electronic Bid submissions may require the uploading of electronic attachments. The submission of attachments containing embedded documents or proprietary file extensions is prohibited. All documents should be attached as individual files and labeled. Any Bids received and time stamped through BidSync, prior to the Bid submittal deadline shall be accepted as timely submittal anything thereafter will be rejected. Additionally, BidSync will not allow for the electronic Bid submittal after the closing date and time has lapsed. Bids will be opened promptly at the time and date specified. All expenses involved with the preparation and submission of Bids to the City, or any work performed in connection therewith, shall be borne by the Bidder(s). Accordingly, Bidder(s): 1. Must register, free of charge, with BidSync Electronic Bidding System ("BidSync") to establish an account in order to have access to view and/or respond to any solicitations issued by the City of Miami's Procurement Department ("City"). 2. Shall submit all Bids electronically. Hard copy Bid submittals will not be accepted. NO EXCEPTIONS. 3. Must submit the Certification Statement and associated solicitation documents which define requirements of items and/or services to be purchased and must be completed and submitted as outlined within the solicitation via BidSync. The use of any other forms and/or the modification of City forms will result in the rejection of the Bidder's Bid submittal. 4. Shall ensure that the Certification Statement is fully completed and provided with your Bid. Failure to comply with these requirements may cause the Bid to be rejected. 5. Must ensure that an n authorized agent of the Bidder's firm signs the Certification Statement and submits it electronically. FAILURE TO SIGN AND SUBMIT THE CERTIFICATION STATEMENT ALONG WITH THE CERTIFICATION SECTION SHALL DEEM THE BID NON -RESPONSIVE. 6. May be considered non -responsive if Bids do not conform to the terms and conditions of this solicitation. IFB 1436386 1.81. TAXES - The City is exempt from any taxes imposed by the State and/or Federal Government. Exemption certificates will be provided upon request. Notwithstanding, Bidders should be aware that all materials and supplies that are purchased by the Bidder for the completion of the Bid 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. 1.82. TERMINATION - The City Manager, on behalf of the City, reserves the right to terminate the Bid Contract by written notice to the Successful Bidder/Contractor effective as of the date specified in the notice, should any of the following apply: A. The Successful Bidder/Contractor is determined by the City, to be in breach of any of the terms and conditions of the Bid Contract. B. The City has determined that such termination will be in the best interest of the City, to terminate the Bid Contract for its own convenience. C.Funds are not available to cover the cost of the contracted goods and/or services. The City's obligation is contingent upon the availability of appropriate funds. 1.83. TERMS OF PAYMENT - Payment will be made by the City after the goods and/or services have been received, inspected, and found to comply with award specifications, free of damage, or defect, and properly invoiced. Payment will be made after delivery, within forty-five (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. 1.84. TIMELY DELIVERY - Time will be of the essence for any orders placed as a result of the Formal Solicitation. The City reserves the right to cancel such orders, or any part thereof, without obligation, if delivery is not made within the time(s) specified in the Bid. Deliveries shall be made during regular City business hours, unless otherwise specified in the Special Conditions. 1.85. TITLE - Title to the goods shall not pass to the City until after the City has inspected and accepted the goods or used the goods, whichever comes first. 1.86. TRADE SECRETS EXECUTION TO PUBLIC RECORDS DISCLOSURE -All Bids submitted to the City are subject to public disclosure, pursuant to Chapter 119, Florida Statutes. An exception may be made for "trade secrets." If the Bid 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 Bidder's name, the Formal Solicitation number, and title marked on the outside. Please be aware that the designation of an item as a trade secret by Bidder may be challenged in court by any person. By Bidder's designation of material in Bidder's Response as a "trade secret" Bidder agrees 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 Bidder's claim. 1.87. UNAUTHORIZED WORK OR DELIVERY OF GOODS - Neither the Successful Bidder/Contractor nor any of their employees shall perform any work, or deliver any goods, unless a IFB 1436386 change order or purchase order is issued and received by the Successful Bidder/Contractor. The Successful Bidder/Contractor will not be paid for any work performed, or goods delivered outside the scope of the Bid Contract, or any work performed by Successful Bidder's/Contractor's employee(s) not otherwise previously authorized. 1.88. 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 the Formal Solicitation shall be mentioned, or imply the name of the City, without prior express written permission from the City Manager, or the City Commission. 1.89. VARIATIONS OF SPECIFICATIONS - For purposes of the Formal Solicitation evaluation, Bidder(s) must indicate any variances from the Formal Solicitation scope of work/specifications and/or conditions, no matter how slight. If variations, are not stated on their Bid, it will be assumed that the product fully complies with the Formal Solicitation's scope of work/specifications. IFB 1436386 2. Special Conditions 2.1. PURPOSE The purpose of this Solicitation is to establish a contract, for the provision of background screening services, on an as needed basis, 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 electronically via the Bidsync Portal. All questions must be received no later than Friday, July 1, 2022 @ 2:00 p.m. All responses to questions will be sent to all prospective Bidders in the form of an addendum. NO QUESTIONS WILL BE RECEIVED VERBALLY OR AFTER SAID DEADLINE. 2.3 PRE-BID/PRE-PROPOSAL CONFERENCE A Virtual Voluntary pre -bid conference will be held on Monday, June 27, 2022 @ 9:00 a.m., via Microsoft Teams Click here to join the meeting or via phone +1 786-598-2961, Conference ID: 310 242 206# A discussion of the requirements of the Solicitation will occur at that time. Each potential Bidder is required, prior to submitting a Proposal, to acquaint itself thoroughly with any and all conditions and/or requirements that may in any manner affect the work to be performed. All questions and answers affecting the scope of wo rk/specifications of the IFB will be included in an addendum, that will be distributed through BidSync, following the Pre -Proposal Conference to all the attendees. Because the City considers the Pre -Bid Conference to be critical to understanding the Solicitation requirements, attendance is highly recommended. 2.4 TERM OF CONTRACT The Contract shall commence upon the date of notice of award and shall be effective for an initial period of three (3) years with an option to renew for two (2) additional one (1) year periods. The City shall have the right to terminate this Contact pursuant to Section 2.19, Termination, herein. Continuation of the Contract beyond the initial period is a City Prerogative; not a right of the Successful Bidder(s). 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; and (2) Availability of funds. IFB 1436386 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 period for payments due under this contract, then the City, upon written notice to the Successful Bidder(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 project(s) will be awarded to any firm(s). 2.7 METHOD OF AWARD Award of this contract will be made to the two (2) lowest responsive responsible bidder(s) with the lowest price in the aggregate, on a region -by -region basis for Group 1, and to all responsive responsible bidder(s) for group 2. (see regions map for group 1 titled: Background Screening Services Regions Map- (Regions Map attachment") Group 1: Local Office for Background Screening Services- will be awarded to the primary and secondary Bidder(s) with the lowest price in the aggregate within each stated region location listed in the attachment located on the documents section. Award of this contract will be made to the two (2) lowest responsive and responsible bidders on a region -by -region basis for Group 1. Group 2: Mobile Background Screening Services- the Successful Bidder(s) shall be placed on a list of Pre - Qualified Bidder(s), identified by the City the Bidder if the Bidder provides mobile services, which will be accessed by the City to obtain spot market quotations to obtain Background Screening Services, on an as needed basis. 2.8 GROUPS Group 1- Local Office Background Screening Services Local Office Background Screening Services will be open for any Bidder in the Miami Dade County and Broward County which only offer services in the Bidder's office based on the Regions Map attachment. Where the City of Miami ("City") will send current employees, prospective employees and/or volunteers for background screening services. Group 2- Mobile Background Screening Services Mobile background screening services will be open for any Bidder in the Miami Dade County and Broward County, which have the capability of performing background screening services at one of the designated City parks either, by setting up in a designated room or bringing a vehicle capable of conducting the services. Note: If a Bidder, can provide both services they must select All Groups on Attachment: Bid Submittal form. 2.9 REGIONS Region 1- City of Miami limits- Blue Region 2- Miami -Dade County (North) -Yellow Region 3- Miami -Dade County (Central) -Red IFB 1436386 Region 4- Miam-Dade County (South) -Magenta Region 5- Broward County (East) -Green Region 6- Broward County (West) -Orange The Bidder shall identify within which region their local office is located using the map and the Bid Submittal Form found in the attachments section. Note: For Group 2 Mobile Screening Services the Bidder will not need to identify a local office. 2.10 CURES Please refer to Section 1.56, Notice Regarding "Cures" of the General Terms and Conditions of this Solicitation. 2.11 BIDDER'S MINIMUM QUALIFICATIONS Bids will be considered only from firms that are regularly engaged in the business of providing the services as described in this Bid; that have a record of performance for a minimum of three (3) consecutive years with the same FEIN number; and that have adequate financial support, equipment, and organization to ensure that they can satisfactorily provide the goods and/or services if awarded a Contract under the terms and conditions herein stated. Bidders shall provide the following information with their bid response: 1) References from three (3) existing contracts with public sector entities. The references listed must be entities that are currently receiving or have recently received background screening services from the Bidder. The references must include the entity's name, and the name, title, address, and telephone number of the contact person who verify that the Bidder has successfully provided background screening services. These references shall ascertain to the City's satisfaction that the Bidder has sufficient experience and expertise in performing background screening services. The Bidder may only use one (1) department as a reference from each entity. This is reflected in the Certifications section of this Solicitation. 2) Not have any member, officer or stakeholder that is in arrears or is in default of any debt or contract involving the City, is a defaulter surety otherwise, upon any obligation to the City, and/or has failed to perform faithfully on any previous contract with the City. 3) Have no record of pending lawsuits or criminal activities and have not been declared bankrupt within the last five (5) years. 4) Certify that they are qualified to submit fingerprints electronically to the Florida Department of Law Enforcement ("FDLE") by submitting FDLE approval letter. 5) If the Bidder has mobile capability and is able to provide all necessary equipment and have a complete set up in a designated Park and/or own a vehicle (in which the Bidder may provide all services needed on premises), the Bidder must provide supporting documentation such as pictures of the vehicle or set-up. 6) Submit Attachment - Bid Submittal Form. IFB 1436386 7) Submit Attachment -Vendor Participation Form. 2.12 ORIGINATING AGENCY IDENTIFIERS (O.R.I.)'S FOR THE CITY OF MIAMI The following identifiers are specific to the City of Miami, Depaitiuent of Parks and Recreation, if other departments will be using this contract, they will provide this information to each Successful Bidder on an as needed basis. Agency for Health Care Administration (AHCA), ORI: EAHCA013Z Agency for Persons with Disabilities (APD): EAPDGN1OZ Department of Children and Families (DCF), ORI: EDCFGN1OZ Department of Children and Families (Summer Camp, (DCF), ORI: EDCFSC3OZ VECHS ORI: E13020045 2.13 LIVING WAGE The City of Miami Living Wage Ordinance is applicable to this service contact. Please refer to section 1.38 of the General Terms and Conditions for further information and guidance on how to comply with this ordinance. 2.14 FAILURE TO PERFORM Should the Successful Bidder(s) fail to perform in full accordance at any time with the specifications as cited in this IFB, Successful Bidder(s) may be determined to be in default of the Contract. Successful Bidder(s) shall be required to have sufficient equipment, supplies, and materials, at all times not complying shall be grounds for default. At no time shall the Successful Bidder(s) be paid for any day that Successful Bidder's personnel fail to show up at a facility or fail to perform in full accordance with the specifications and to the satisfaction of the Project Manager, or designee. Should this occur the City will deduct liquidated damages as indicated under said provision. Should the Successful Bidder(s) fail to perform in accordance with the Contract as determined solely by the City, the City shall make the determination to deem the Successful Bidder(s) in default. The City shall be the sole judge of non-performance, failure to perform, and default of Contract. The date of termination shall be stated in written notice. Should it not be possible to reach the Successful Bidder(s) or Successful Bidder(s) supervisor and/or should remedial action not be taken within forty-eight (48) hours of any failure to perform according to specifications the City reserves the right to deem the Successful Bidder(s) in default of the Contract or make appropriate reductions in the Contract payment. 2.15 JESSICA LUNDSFORD ACT ("JLA") BACKGROUND SCREENING REQUIREMENTS (APPLICABLE TO GROUP 2 "MOBILE BACKGROUND SCREENING SERVICES" ONLY) In accordance with the requirements of Sections, 1012.465, and 1012.32 and 1012.467, Florida Statutes, as amended from time to time Successful Bidder agrees that, if Successful Bidder receives remuneration for IFB 1436386 services, Successful Bidder and all of its employees who provide or may provide services under this Contract will complete criminal history checks, and all background screening requirements, including level 2 screening requirements as outlined in the above -referenced statutes for any work to be performed in City parks. Pursuant to the 2007 amendments to the JLA enacted by the Florida Legislature, requirements for certain fingerprinting and criminal history checks shall be inapplicable to non -instructional contracted personnel who qualify for exemption from Level 2 screening requirements as provided under Section 1012.468 of the Florida Statutes. In addition, the provisions of Section 1012.467 of the Florida Statutes are incorporated herein by reference, and any provisions that may be inconsistent with, contrary to, or determined to be in conflict with said Section 1012.467, will be superseded by said statute. A non -instructional Successful Bidder who is exempt from the screening requirements set forth in Sections 1012.465, 1012.468 or 1012.467 of the Florida Statutes, is subject to a search of his or her name or other identifying information against the registration information regarding sexual predators and sexual offenders maintained by the Department of Law Enforcement under Section 943.043 and the national sex offender public registry maintained by the United States Department of Justice. Successful Bidder will not be charged for this search. Further, upon obtaining clearance by City the City will issue a photo identification badge consistent with any statutory requirements, which shall be worn by the individual at all times while on City property when children are present. Successful Bidder agrees to bear any and all costs associated with acquiring the required background screening, including any costs associated with fingerprinting and obtaining the required photo identification badge. Successful Bidder agrees to require all its affected employees to sign a statement, as a condition of employment with Successful Bidder in relation to performance under this Contract, agreeing that the employee will abide by the heretofore described background screening requirements, and also agreeing that the employee will notify the Successful Bidder/Employer of any arrest(s) or conviction(s) of any offense within 48 hours of its occurrence. Successful Bidder agrees to provide the City with a list of all of its employees who have completed background screening as required by the above -referenced statutes and who meet the statutory requirements contained therein. Successful Bidder agrees that it has an ongoing duty to maintain and update these lists as new employees are hired and in the event that any previously screened employee fails to meet the statutory standards. Successful Bidder further agrees to notify the City immediately upon becoming aware that one of its employees, who was previously certified as completing the background check and meeting the statutory standards, is subsequently arrested or convicted of any disqualifying offense. Failure by Successful Bidder to notify the City of such arrest or conviction within 48 hours of being put on notice and within five (5) business days of the occurrence of qualifying arrest or conviction, shall constitute grounds for immediate termination of this Contract by the City and removal from the Pool. The parties further agree that failure by Successful Bidder to perform any of the duties described in this section shall constitute a material breach of the Contract entitling the City to terminate this Contract immediately with no further responsibility to make payment or perform any other duties under this Contract. 2.16 INSURANCE REQUIREMENTS Successful Bidder shall indemnify, hold and save harmless, and defend (at its own cost and expense), the City, its officers, agents, directors, and/or employees, from all liabilities, damages, losses, judgements, and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness, negligent act or omission, or intentional wrongful misconduct of Successful Bidder and persons IFB 1436386 employed or utilized by Successful Bidder in the performance of this Contract. Successful Bidder shall further, hold the City, its officials and employees, indemnify, save and hold harmless for, and defend (at its own cost), the City its officials and/or 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. In the event that any action or proceeding is brought against the City by reason of any such claim or demand, the Successful Bidder shall, upon written notice from the City, resist and defend such action or proceeding by counsel satisfactory to the City. The Successful Bidder expressly understands and agrees that any insurance protection required by this Contract or otherwise provided by the Successful Bidder 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 the Successful Bidder to defend, at its own expense, to and through trial, administrative, appellate, supplemental or bankruptcy proceeding, or to provide for such defense, at the City's option, any and all claims of liability and all suits and actions of every name and description which may be brought against the City, whether performed by the Successful Bidder, or persons employed or utilized by Successful Bidder. These duties will survive the cancellation or expiration of the Contract. This Section will be interpreted under the laws of the State of Florida, including without limitation and interpretation, which conforms to the limitations of Sections 725.06 and/or 725.08, Florida Statutes, as applicable and as amended. Successful Bidder shall require all sub -contractor agreements to include a provision that each sub -contractor will indemnify the City in substantially the same language as this Section. The Successful Bidder agrees and recognizes that the City shall not be held liable or responsible for any claims which may result from any actions or omissions of the Successful Bidder in which the City participated either through review or concurrence of the Successful Bidder's actions. In reviewing, approving or rejecting any submissions by the Successful Bidder or other acts of the Successful Bidder, the City, in no way, assumes or shares any responsibility or liability of the Successful Bidder or sub -contractor under this Contract. See Attachment - Insurance Addendum. Ten Dollars ($10) of the payments made by the City constitute separate, distinct, and independent consideration for the granting of this Indemnification, the receipt and sufficiency of which is voluntarily and knowingly acknowledged by the Successful Bidder. The Successful Bidder shall furnish to City of Miami, c/o Procurement Department, 444 SW 2nd Avenue, 6th Floor, Miami, Florida 33130, Certificate(s) of Insurance which indicate that insurance coverage has been obtained which meets the requirements as outlined below: (1) Worker's Compensation A. Limits of Liability - Statutory - State of Florida 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 IFB 1436386 (2) Commercial General Liability (Primary and Non -Contributory): A. Limits of Liability Bodily Injury and Property Damage Liability - Each Occurrence: $1,000,000 General Aggregate Limit: $2,000,000 Personal and Adv. Injury. Products and Completed Operations and Fire Damage: $1,000,000. B. Endorsements Required: City of Miami included as an Additional insured. Employees included as insured. Contingent & Contractual Liability Premises and Operations Liability (3) Business Automobile Liability A. Limits of Liability Bodily injury and property damage liability combined single limits. Any Auto, including hired, borrowed or owned, or non -owned autos used in connection with the work - $500.000 B. Endorsements Required: City of Miami included as an Additional Insured (4) Umbrella Liability Each Occurrence $1,000,000 Policy Aggregate $1,000,000 (5) Professional/ Errors and Omissions Liability Each Occurrence $1,000,000 Policy Aggregate $1,000,000 Retro Date Included City of Miami listed as an additional insured. BINDERS ARE UNACCEPTABLE. The insurance coverage required shall include those classifications, as listed in standard liability insurance manuals, which most nearly reflect the operations of the bidder. All insurance policies required above shall be issued by companies authorized to do business under the laws of the State of Florida, with the following qualifications: The Company must be rated no less than "A" as to management, and no less than "Class V" as to financial strength, by the latest edition of Best's Insurance Guide, published by A.M. Best Company, Oldwick, New Jersey, or its equivalent. All policies and/or certificates of insurance are subject to review and verification by Risk Management prior to insurance approval. Certificates will indicate no modification or change in insurance shall be made without thirty (30) days written advance notice to the certificate holder. NOTE: CITY BID NUMBER AND/OR TITLE OF BID MUST APPEAR ON EACH CERTIFICATE. Compliance with the foregoing requirements shall not relieve the Successful Bidder of his liability and obligation under this section or under any other section of this Agreement. IFB 1436386 - -If insurance certificates are scheduled to expire during the contractual period, the Successful Bidder shall be responsible for submitting new or renewed insurance certificates to the City at a minimum of ten (10) calendar days in advance of such expiration. - -In the event that expired certificates are not replaced with new or renewed certificates which cover the contractual period, the City shall: (4) Suspend the contract until such time as the new or renewed certificates are received by the City in the manner prescribed in the Invitation to Bid. (5) The City may, at its sole discretion, terminate this contract for cause and seek re -procurement damages from the Successful Bidder in conjunction with the General and Special Terms and Conditions of the Bid. The Successful Bidder 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 Bidder. 2.17 METHOD OF PAYMENT Payment will be made upon final completion and acceptance of results. 2.18 ADDITIONS/DELETIONS OF VENDORS/ITEMS/SERVICES Although this Solicitation identifies specific vendors/items/services, it is hereby agreed and understood that any vendors/items/services may be added/deleted to/from this Contract at the option of the City. When an addition to the Contract is required, the Successful Bidder(s) under this contract shall be invited to submit all required documentation in this Solicitation. At the sole discretion of the City additional vendors/items/services may be added to the list at any time, to maintain sufficient vendors and to ensure competition. The Bidder(s) seeking to be pre -qualified and to be added on the List shall be required to meet all the minimum requirements herein. The City reserves the right to increase the number of Bidders as it deems in its best interest so as to obtain the most competitive rates at time of need. 2.19 PROJECT MANAGER Upon award, Successful Bidder(s) shall report and work directly with Nadia Arguelles-Goicoechea, Assistant Director of the Parks and Recreation Department, and/or Designee. 2.20 TIE BIDS Whenever two or more Bids which are equal with respect to price, quality and service are received by the City for the procurement of commodities or contractual services, a Bid received from a business that certifies that it has implemented a drug -free workplace program shall be given preference in the award process. Established procedures for processing tie Bids will be followed if none of the tied vendors have a drug -free workplace program. In order to have a drug -free workplace program, a business shall: (1) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the action that will be taken against employees for violations of such prohibition. IFB 1436386 (2) Inform employees about the dangers of drug abuse in the workplace, the business' policy of maintaining a drug -free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. (3) Give each employee engaged in providing the commodities or contractual services that are under Bid a copy of the statement specified in subsection (1). (4) In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under Bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. (5) Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program, if such is available in the employee's community, by any employee who is so convicted. (6) Make a good faith effort to continue to maintain a drug -free workplace through implementation of this section. 2.21 TERMINATION A. FOR DEFAULT If Successful Bidder defaults in its performance under this Contract and does not cure the default within thirty (30) days after written notice of default, the City Manager may terminate this Contract, in whole or in part, upon written notice without penalty to the City of Miami. In such event the Successful Bidder shall be liable for damages including the excess cost of procuring similar supplies or services: provided that if, (1) it is determined for any reason that the Successful Bidder was not in default; or (2) the Successful Bidder's failure to perform is without his or his Subcontractor's control, fault or negligence, the termination will be deemed to be a termination for the convenience of the City of Miami. B. FOR CONVENIENCE The City Manager may terminate this Contract, in whole or in part, upon thirty (30) days prior written notice when it is in the best interest of the City of Miami. If this Contract is for supplies, products, equipment, or software, and so terminated for the convenience by the City of Miami the Successful Bidder will be compensated in accordance with an agreed upon adjustment of cost. To the extent that this Contract is for services and so terminated, the City of Miami shall be liable only for payment in accordance with the payment provisions of the Contract for those services rendered prior to termination. 2.22 PRIMARY CLIENT (FIRST PRIORITY) The Successful Bidder(s) agree upon award of this contract that the City of Miami shall be its primary client and shall be serviced first during a schedule conflict arising between this contract and any other contract Successful Bidder(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. 2.23 ADDITIONAL TERMS AND CONDITIONS No additional terms and conditions included as part of your solicitation response shall be evaluated or considered, and any and all such additional terms and conditions shall have no force or effect and are inapplicable to this solicitation. If submitted either purposely, through intent or design, or inadvertently, appearing separately IFB 1436386 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 Successful Bidder's authorized signature affixed to the Successful Bidder's acknowledgment form attests to this. IFB 1436386 3 Specifications 3.2 SPECIFICATIONS/SCOPE OF WORK This Solicitation is to establish a contract for the provision of background screening services, including but not limited to digital fingerprints from new hires, volunteers and year- round employees for various City of Miami ("City") departments, on an as needed basis. Successful Bidder(s) can provide services from an office and /or mobile location. SCOPE OF WORK The Successful Bidder shall: a. Provide Level 2 Screenings and re -screening's using Live Scan Fingerprinting in accordance with chapters 435,984, and 985 of the Florida Statutes on as needed basis; b. Provide Level 2 screening reports to the James Concepcion, Human Resources Medical Supervisor or designee via email or other electronic submission as determined by the City; c. Submit state and national fingerprint check through the Florida Department of Law Enforcement ("FDLE") and Federal Bureau of Investigations ("FBI"); d. Use LiveScan technology to electronically submit fingerprints to FDLE. Livescan enables FDLE to immediately provide arrest notifications to the depaitnient on employees who are arrested during the term of their employment; e. Be capable to collect and submit electronic fingerprints to the FDLE, in compliance with Florida Statutes 409.175 (Licensure of Family Foster Homes, Residential Child -Caring Agencies, and Child Placing Agencies; Public Record Exemption), Florida Statute 393.0655 (Screening of Direct Service Providers), Florida Statute 394.4572 ( Screening of Mental Health Personnel), Florida Statute 397.451 (Background Checks of Service Provider Personnel), Florida Statute 430.0402 (Screening of Direct Service Providers), Florida Statute 435.12 (Care Provider Background Screening Clearinghouse), and Florida Statute 435.01(2) (Employment Screening); f. Adhere to the integrity and security of all personal information according to Florida Statue 435.04(1)- (Level 2 Screening Standards); Perform the fingerprinting needed for the Volunteer & Employee Criminal History System ("VECHS") program or Clearinghouse Program; g- h. Perform onsite/mobile screening for a minimum of ten (10) or more individuals (applicable for Group 2 only); i. Accept appointment reservations via an internet web -based system, and/or via telephone; j. Provide background screening applications for both Group 1 and Group 2 either web based or in paper; k. Receive and handle submissions of electronic LiveScan submission forms prior to appointment; 1. Be available to provide said services Monday -Friday on a year-round basis excluding holidays for current employees, prospective employees and/or volunteers categorized as Group 1; and m. Be available to provide said services March through June taking in consideration that the services IFB 1436386 will need three (3) days out the week with one of the set days to be either Saturday or Sunday, for current employees, prospective employees and/or volunteers categorized as Group 2.