HomeMy WebLinkAbout25022AGREEMENT INFORMATION
AGREEMENT NUMBER
25022
NAME/TYPE OF AGREEMENT
DARCEE S. SIEGEL
DESCRIPTION
PROFESSIONAL SERVICES AGREEMENT/QUALIFIED POOL
OF PANELISTS FOR THE UNSAFE STRUCTURE PANEL/FILE
ID: 14665/R-23-0437/MATTER I D : 24-1317
EFFECTIVE DATE
June 12, 2024
ATTESTED BY
TODD B. HANNON
ATTESTED DATE
6/12/2024
DATE RECEIVED FROM ISSUING
DEPT.
6/13/2024
NOTE
DOCUSIGN AGREEMENT BY EMAIL
CITY OF MIAMI
DOCUMENT ROUTING FORM
#OR
ORIGINATING DEPARTMENT:
Department of Procurement
DEPT. CONTACT PERSON: Aimee Gandarilla
NAME OF OTHER CONTRACTUAL PARTY/ENTITY: Darcee S. Siegel
EXT. 1906
IS THIS AGREEMENT A RESULT OF A COMPETITIVE PROCUREMENT PROCESS?
TOTAL CONTRACT AMOUNT: $ FUNDING INVOLVED?
TYPE OF AGREEMENT:
❑ MANAGEMENT AGREEMENT
❑ PROFESSIONAL SERVICES AGREEMENT
❑ GRANT AGREEMENT
❑ EXPERT CONSULTANT AGREEMENT
❑ LICENSE AGREEMENT
OTHER: (PLEASE SPECIFY)
YES
YES
❑ PUBLIC WORKS AGREEMENT
❑ MAINTENANCE AGREEMENT
❑ INTER -LOCAL AGREEMENT
❑ LEASE AGREEMENT
❑ PURCHASE OR SALE AGREEMENT
NO
NO
PURPOSE OF ITEM (BRIEF SUMMARY): Professional Services Agreement with Darcee S. Siegel.
Qualified Pool of Panelists for the Unsafe Structures Panel.
COMMISSION APPROVAL DATE: 9/28/2023
FILE ID: 14665
ENACTMENT NO.: 23-0437
IF THIS DOES NOT REQUIRE COMMISSION APPROVAL, PLEASE EXPLAIN:
ROUTING INFORMATION
Date
PLEASE PRINT AND SIGN
DIRECTOR OF PROCUREMENT/CHIEF PROCUREMENT
OFFICER
June 4,
2024 I
Annie Perez,
11:17:36 EGF0-^db
SIGNATURE:
CPPO
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RISK MANAGEMENT
June 4,
2024 1
Ann-Marie Sharpe
12:46:43 EDT
SIGNATURE:
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Ilniti atm-)
CITY ATTORNEY
Matter 24-1317
June 6,
2024
e_
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61Ar..TRE:
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III
(ii
ASSISTANT CITY MANAGER, CHIEF FINANCIAL OFFICER
June 11,
2024
Larry Spring,
I 07:13 : 34 EDT,„„,,
SIGNATURE:
CPA
�
ASSISTANT CITY MANAGER, CHIEF OF OPERATIONS
s—('nvi 89 ES1P
Barbara Hernandez, MPA
SIGNATURE:
ASSISTANT CITY MANAGER, CHIEF OF INFRASTRUCTURE
Asael Marrero
SIGNATURE:
DEPUTY CITY MANAGER
Natasha Colebrook -Williams
SIGNATURE:
CITY MANAGER
June 11,
2024
I A1rihtV095i V
p—Docamgoctl b
SIGNATURE: it
CITY CLERK
June 12,
2024
I Tf6IF RIPPDT
SIGNATURE:
Si9.d bY4
PLEASE ATTACH THIS ROUTING FORM TO ALL DOCUMENTS THAT REQUIRE EXECUTION BY THE CITY MANAGER
City of Miami
Office of the City Attorney
Legal Services Request
To: Office of the City Attorney
From:
Justin Griffin
Contact Person
Sr. Procurement Contracting Officer
Title
6/4/2024
Date:
Procurement
Requesting Client
(305) 416-1949
Telephone
Legal Service Requested:
Matter 24-1317: Professional Services Agreement with Darcee S. Siegel.
Qualified Pool of Panelists for the Unsafe Structures Panel.
Complete form and forward to the Office of the City Attorney or e-mail to Legal
Services. Do not assume that the Office of the City Attorney knows the background
of the question and/or issue, such as opinions on the same or similar issues, the
existence of relevant memos, correspondence, etc. Please attach to this form and/or
e-mail all pertinent information relating to the subject.
Once your request has been assigned, an e-mail will be sent to you with the
Assigned Attorney's name and the issued matter identification number.
All attorneys in the Office of the City Attorney shall fully comply with the Rules
Regulating the Florida Bar.
For Legal Services requesting an opinion from the Office of the City Attorney:
Issue opinion in writing.
Publish opinion after issuance.
Authorized by: Annie Perez
Date response requested by:
BELOW PORTION TO BE COMPLETED BY THE OFFICE OF THE CITY ATTORNEY
Assigned Attorney: Date: File No.
Approved by: Ultimate Client:
Comments: D / R Date:
Copy returned to Requesting Client
Type:
Matrix:
Category:
Copy to Ultimate Client
rev. 04/14/2017
PROFESSIONAL SERVICES AGREEMENT OVERVIEW
PSA TITLE:
Unsafe Structures Panelists
1. AWARD DELEGATED AUTHORITY:
❑ Chief Procurement Officer — Authority level of $
❑ City Manager — Authority level of $
❑ City Commission — RESOLUTION No.
2. PROCUREMENT METHOD: ❑ RFP/RFQ ❑ IFB ❑ SOLE SOURCE ❑ PIGGY -BACK
❑ PROFESSIONAL SERVICES UNDER $25,000
❑ OTHER (Please explain):
3. WHAT IS THE SCOPE OF SERVICES?
Service as an independent contractor on a contractual basis, in a qualified Pool of Panelists for
the Unsafe Structures Panel.
4. IF CITYWIDE, WHAT ARE THE MOST FREQUENT USER DEPARTMENTS?
Building Department
5. IS THE AWARDEE INCUMBENT?
N/A
6. IS THE PRICING HIGHER, LOWER OR THE SAME AS THE CURRENT CONTRACT?
N/A
7. WHEN DOES THE CURRENT CONTRACT EXPIRE?
N/A
8. WHAT WAS THE PREVIOUS SPEND ON THE CURRENT CONTRACT?
N/A
9. WHAT IS THE METHOD OF AWARD (Group, Item by Item etc.)?
Request for Qualifications ("RFQ") pursuant to Resolution No. 23-0437, which authorized the City
Manager to create and administer a qualified Pool of Panelists for the Unsafe Structures Panel.
PROFESSIONAL SERVICES AGREEMENT
BY AND BETWEEN
THE CITY OF MIAMI. FLORIDA
AND
DARCEE S. SIEGEL
THIS PROFESSIONAL SERVICES AGREEMENT ("Agreement") is made and entered
into this 12th day of June , 2024, effective upon signature (the "Effective Date"), by and
between the City of Miami, Florida, a municipal corporation of the State of Florida, ("City"), whose
address is 444 S.W. 2nd Avenue, 10th Floor, Miami, Florida 33130 ("City"), and Darcee S. Siegel,
an individual over the age of 21 years ("Contractor" or "Panelist"), whoseaddress is 169 Camden
Drive, Bal Harbour, Florida 33154.
RECITALS:
WHEREAS, The Commission of the City of Miami, by Resolution No. 23-0437, adopted on
September 28, 2023, authorized the City Manager to create and administer a qualified Pool of
Panelists for the Unsafe Structures Panel, and authorized the City Manager to execute an
Agreement, pursuant to Section 10-101 of the Code of the City of Miami, FL ("City Code"), and
other applicable Sections of the City Code to provide for the adjudication of unsafe structure
hearings, arising under Chapter 10 of the City Code, in a form acceptable to the City Attorney,
under the terms and conditions set forth herein; and,
WHEREAS, the City from time to time retains individuals acting as independent
contractors on a contractual basis for a specific term to perform certain specialized defined tasks
for the City and which tasks, by their nature, require independent and autonomous judgment; and,
WHEREAS, the City must retain the professional services of Unsafe Structure Panelists
("Services") to act as a Panelists and perform the Services described below; and
WHEREAS, the City through its City Manager's Office desires to retain the Panelist for a
period of two (2) years from the effective date of this Agreement, and has deemed the Panelist
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qualified in accordance with applicable sections of the City of Miami Code, as amended ("City
Code"), including Section 18-104, dealing with "Bid Protests," and the Panelist agrees to perform
the Services defined below and described herein.
NOW, THEREFORE, pursuant to Section 10-101 of the City Code, and other applicable
Sections of the City Code, the parties in consideration of the mutual obligations expressed herein,
and for other good and valuable consideration, the receipt and sufficiency of which are
acknowledged by the parties, the City and the Panelist agree as follows:
TERMS:
1 RECITALS AND INCORPORATIONS: DEFINITIONS:
The recitals are true and correct and are hereby incorporated into and made a part of this
Agreement. The Scope of Work related to the duties of Panelists is hereby incorporated into and
made a part of this Agreement and attached hereto as Exhibit "A." The Panelist's Response,
dated May 8 ,2024, in response to Request for Qualifications ("RFQ") No. 1843388, is hereby
incorporated into and made a part of this Agreement and attached hereto as Exhibit "B." RFQ
No. 1843388, is hereby incorporated into and made a part of this Agreement and attached hereto
as Exhibit "C." The order of precedence whenever there is any conflicting or inconsistent
language between documents is as follows in descending order of priority: (1) this Agreement,
inclusive of any amendments which may be authorized by the City and executed by the parties, if
any; (2) RFQ No. 1843388; and (3) Panelist's Response, dated _May 8 ,2024, acknowledging
the scope of services, pricing component, and response to the RFQ.
2. TERM:
Panelist shall work on an hourly basis and work only those hours approved in advance by
the City. This Agreement shall become effective on the date on the first page and shall continue
through the last day of the second (2nd) year. The City Manager, with the concurrence of the City
Attorney, at its sole discretion, reserves the right to exercise an option to renew this Agreement
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for one (1) period of two (2) years. In compliance with the applicable requirements of the City Code,
the City Manager in his/her discretion may review the needs of the City, any changes in the scope
of services, if warranted and the performance of the Panelist, and then determine whether any
future services are necessary, and enter into a new agreement for such changes in allied or
related professional services, subject to the approval of the City Attorney.
3. SCOPE OF SERVICES:
A. Contractor agrees to provide the Services as specifically described, and under
Exhibit "A", which by this reference is incorporated into and made a part of this Agreement, and
such other related tasks as may from time to time be assigned.
B. Contractor represents to the City that: (i) it possesses all qualifications, licenses,
certificates, authorizations, registrations, and expertise required for the performance of the
Services, including, but not limited to, full qualification to do business in Florida; (ii) it is not
delinquent in the payment of any sums due the City, any City agency or instrumentality, including
payment of accounts, debts, permits, fees, occupational licenses, etc., nor in the performance of
any obligations or payment of any monies to the City; (iii) Contractor shall be fully qualified and
trained to perform the tasks assigned; (iv) the Services shall be performed in the manner described
in Exhibit "A"; and (v) Contractor has been duly authorized to so execute the Agreement and fully
bind Contractor as a party to the same.
C. Contractor shall be at all times fully qualified, competent and physically capable of
performing the Services under this Agreement. Contractor shall possess and maintain any
required licenses, permits and certifications to perform the Services under this Agreement. City
may require Contractor to remove any employee the City deems careless, incompetent,
insubordinate, or otherwise objectionable and whose continued services under this Agreement
are not in the best interest of the City.
4. COMPENSATION:
Page 3 of 26
The Panelist shall receive the amount of One Hundred Seventy Five Dollars and Zero Cents
($175.00) per hour with a minimum of four (4) hours at a total of Seven Hundred Dollars and Zero
Cents ($700.00) being paid per hearing for all Services covered by this Agreement, which will
include attending hearings, and preparing and reviewing final orders. In no event shall the amount
of compensation per any hour exceed One Hundred Seventy Five Dollars and Zero Cents
($175.00) per hour for every hour exceeding the minimum of four (4) hours, which is also the
maximum allowable fee for any hour exceeding four (4) hours, and not inclusive of travel,
research, or leisure time. The Panelist will provide a detailed invoice listing daily work for any
billing period, and will also report the number of hours worked during that period.
A. The Panelist shall not be entitled to any employment emoluments, and as such,
the Panelist shall be required to complete Form W-9 prior to execution of this Agreement. Further,
the Panelist expressly acknowledges that Panelist shall not acquire status, benefits, or rights as
a City employee, temporary or permanent, classified or unclassified, by virtue of this Agreement.
The Panelist shall provide the City Manager with the completed Form W-9 at the time of execution
of the Agreement.
B. Payment will be made in arrears based upon work performed to the satisfaction of
the City within forty-five (45) days after receipt of Contractor's invoice for Services performed,
which shall be accompanied by sufficient supporting documentation and contain sufficient detail,
to allow a proper audit of expenditures, should the City require one to be performed. Invoices shall
be sufficiently detailed so as to comply with the "Florida Prompt Payment Act," §218.70 - 218.79,
Florida Statutes, and other applicable laws. No advance or future payments shall be made at any
time.
C. Contractor agrees and understands that (i) any and all subcontractors providing
Services related to this Agreement shall be paid through Contractor and not paid directly by the
City, and (ii) any and all liabilities regarding payment to or use of subcontractors for any of the
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Services related to this Agreement shall be borne solely by Contractor.
D. Prices shall remain firm and fixed for the term of the Agreement, including any
renewal or extension periods.
5. OWNERSHIP OF DOCUMENTS:
Contractor understands and agrees that any information, data, document, report or any
other material whatsoever which is given by the City to Contractor, its employees, or any
subcontractor, or which is otherwise obtained or prepared by Contractor solely and exclusively
for the City pursuant to or under the terms of this Agreement, is and shall at all times remain the
property of the City. Contractor agrees not to use any such information, data, document, report
or material for any other purpose whatsoever without the written consent of the City Manager,
which may be withheld or conditioned by the City Manager in his/her sole discretion. Contractor
is permitted to make and to maintain duplicate copies of the files, records, documents, etc. if
Contractor determines copies of such records are necessary subsequent to the termination of this
Agreement; however, in no way shall the confidentiality as permitted by applicable laws be
breached. The City shall maintain and retain ownership of any and all data and documents which
result upon the completion of the work and Services and prepared by Contractor solely and
exclusively for the City pursuant to or under the terms of this Agreement as per the terms of this
Section 5.
6. AUDIT AND INSPECTION RIGHTS AND RECORDS RETENTION:
A. Contractor agrees to provide access to the City or to any of its duly authorized
representatives, to any books, documents, papers, and records of Contractor which are directly
pertinent to this Agreement, for the purpose of audit, examination, excerpts, and transcripts. The
City may, at reasonable times, and for a period of ten (10) years following the date of final payment
by the City to Contractor under this Agreement, audit and inspect, or cause to be audited and
inspected, those books, documents, papers, and records of Contractor which are solely related
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to Contractor's performance under this Agreement. Contractor agrees to maintain any and all
such books, documents, papers, and records at its principal place of business for a period of ten
(10) years after final payment is made under this Agreement and all other pending matters are
closed. Contractor's failure to adhere to, or refusal to comply with, this condition shall result in the
immediate cancellation of this Agreement by the City. The audit provisions set forth 18-102 of the
Code of the City of Miami, Florida as same may be amended or supplemented, from time to time,
are applicable to this Agreement.
B. The City may, at reasonable times during the term hereof, inspect the Contractor's
facilities and perform such tests, as the City deems reasonably necessary, to determine whether
the goods or services required to be provided by Contractor under this Agreement conform to the
terms hereof. Contractor shall make available to the City all reasonable facilities and assistance
to facilitate the performance of tests or inspections by City representatives. The inspection
provisions set forth 18-101 of the Code of the City of Miami, Florida as same may be amended or
supplemented, from time to time, are applicable to this Agreement. All audits, tests and
inspections shall be subject to, and made in accordance with, the provisions of Sections 18-99,
18-100, 18-101, and 18-102 of the Code of the City of Miami, Florida, which apply to this
Agreement, as same may be amended or supplemented, from time to time.
7. AWARD OF AGREEMENT:
Contractor represents and warrants to the City that it has not employed or retained any
person or company employed by the City to solicit or secure this Agreement and that it has not
offered to pay, paid, or agreed to pay any person any fee, commission, percentage, brokerage
fee, or gift of any kind contingent upon or in connection with, the award of this Agreement.
8. PUBLIC RECORDS:
A. Contractor understands that the public shall have access, at all reasonable times,
to all documents and information pertaining to City agreements, subject to the provisions of
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Chapter 119, Florida Statutes, and agrees to allow access by the City and the public to all
documents subject to disclosure under applicable laws. Contractor's failure or refusal to comply
with the provisions of this section shall result in the immediate cancellation of this Agreement by
the City.
B. Contractor shall additionally comply with Section 119.0701, Florida Statutes,
including without limitation: (1) keep and maintain public records that ordinarily and necessarily
would be required by the City to perform this Service; (2) if required, provide the public with access
to public records on the same terms and conditions as the City would and at the cost provided
by Chapter 119, Florida Statutes, or as otherwise provided by law; (3) ensure that public records
that are exempt or confidential and exempt from disclosure are not disclosed except as authorized
by law; (4) 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; and, (5)
provide all electronically stored public records that must be provided to the City in a format
compatible with the City's information technology systems. Notwithstanding the foregoing,
Contractor shall be permitted to retain any public records that make up part of its work product
solely as required for archival purposes, as required by law, or to evidence compliance with the
terms of the Agreement.
C. Should Contractor determine to dispute any public access provision required
by Florida Statutes, then Contractor shall do so at its own expense and at no cost to the City. IF
THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119,
FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THE AGREEMENT, CONTACT THE CUSTODIAN 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 S.W. 2ND AVENUE, 9TH FLOOR,
Page 7 of 26
MIAMI, FL 33130. THE CONTRACTOR MAY ALSO CONTACT THE RECORDS CUSTODIAN
AT THE CITY OF MIAMI DEPARTMENT WHO IS ADMINISTERING THIS AGREEMENT.
9. COMPLIANCE WITH FEDERAL. STATE AND LOCAL LAWS:
Contractor understands that agreements with local governments are subject to certain
laws and regulations, including laws pertaining to public records, conflicts of interest, ethics,
funding, lobbying, record keeping, etc. City and Contractor agree to comply with and observe all
such applicable federal, state and local laws, rules, regulations, codes and ordinances, as they
may be amended from time to time.
Contractor further agrees to include in all of Contractor's agreements with subcontractors
for any services related to this Agreement this provision requiring subcontractors to comply with
and observe all applicable federal, state, and local laws, rules, regulations, codes and ordinances,
as they may be amended from time to time.
10. INDEMNIFICATION:
Contractor shall indemnify, hold and save harmless, and defend (at its own cost and
expense), the City, its officers, agents, directors, departments, employees, agencies and/or
instrumentalities (individually and collectively the "Indemnitees") from all liabilities, damages,
losses, judgements, and costs, including, but not limited to, reasonable attorney's fees, to the
extent caused by the performance of this Agreement by the Contractor, the Contractor's
compliance and/or noncompliance with the provisions of this Agreement, and all laws and
regulations pertaining to the Contractor's services which are applicable to the Contractor, the
negligence, recklessness, negligent act or omission, or intentional wrongful misconduct of
Contractor and persons employed or utilized by Contractor in the performance of this Agreement.
Contractor shall further, indemnify, save and hold harmless, and defend (at its own cost), the
Indemnitees against any civil actions, administrative, regulatory, statutory or similar claims, injuries
or damages arising or resulting from the Services. In the event that any action, cause of action,
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claim, demand or proceeding (collectively "Claim(s)") is brought against the Indemnitees by
reason of any such Claim(s), the Contractor shall, upon written notice from the City, resist and
defend such action or proceeding by counsel reasonably satisfactory to the City Attorney. The
Contractor expressly understands and agrees that any insurance protection required by this
Agreement or otherwise provided by the Contractor shall in no way limit the responsibility to
indemnify, hold, keep and save harmless, and defend the Indemnitees as herein provided.
The indemnification provided above shall obligate the Contractor to defend, at its own
expense, to and through trial, mediation, arbitration, administrative, regulatory, appellate,
supplemental or bankruptcy proceedings, 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 Indemnitees, whether performed by the Contractor, or persons or entities
employed or utilized by Contractor.
These duties shall survive the cancellation or expiration of the Agreement. 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 they may be applicable, and as they may be amended.
Contractor shall require all subcontractor agreements to include a provision that each
subcontractor shall indemnify, hold harmless and defend the Indemnitees in substantially the
same language as this Section. The Contractor agrees and recognizes that the City shall not be
held liable or responsible for any claims which may result from any actions or omissions of the
Contractor in which the City participated either through review or concurrence of the Contractor's
actions. In reviewing, approving or rejecting any submissions by the Contractor or other acts of
the Contractor, the City, in no way, assumes or shares any responsibility or liability of the
Contractor or subcontractor under this Agreement.
Ten dollars ($10.00) of the payments made by the City constitute separate, distinct, and
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independent consideration for the granting of this Indemnification, the receipt and sufficiency of
which is voluntarily and knowingly acknowledged by the Contractor.
11. DEFAULT:
If Contractor fails to comply with any term or condition of this Agreement, or fails to perform
in any material way any of its obligations hereunder, and fails to cure such failure after reasonable
notice from the City, then Contractor shall be in default. Contractor understands and agrees that
termination of this Agreement under this section shall not release Contractor from any
obligation(s) accruing prior to the effective date of termination. Should Contractor be unable or
unwilling to commence to perform the Services within the time provided or contemplated herein,
then, in addition to the foregoing, Contractor shall be liable to the City for all expenses incurred
by the City in preparation and negotiation of this Agreement, as well as all costs and expenses
incurred by the City in the re -procurement of the Services, including consequential and incidental
damages. Upon the occurrence of a default hereunder the City, in addition to all remedies
available to it by law, may immediately, upon written notice to Contractor, terminate this
Agreement whereupon all payments, advances, or other compensation paid by the City to
Contractor while Contractor was in default shall be immediately returned to the City.
If the City fails to comply with any term or condition of this Agreement, or fails to perform
in any material way any of its obligations hereunder, and fails to cure such failure after reasonable
notice from Contractor, the City shall be in default, which shall be treated as a termination
pursuant to Section 13.
12. RESOLUTION OF AGREEMENT DISPUTES:
Contractor understands and agrees that all disputes between Contractor and the City
based upon an alleged violation of the terms of this Agreement by the City shall be submitted to
the City Manager for his/her resolution, prior to Contractor being entitled to seek judicial relief in
connection therewith. In the event that the amount of compensation hereunder exceeds Twenty
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Five Thousand Dollars and Zero Cents ($25,000.00), the City Manager's decision shall be
approved or disapproved by the City Commission. Contractor shall not be entitled to seek judicial
relief unless: (i) it has first received City Manager's written decision, approved by the City
Commission if the amount of compensation hereunder exceeds Twenty Five Thousand Dollars
and Zero Cents ($25,000.00), or (ii) a period of sixty (60) days has expired, after submitting to the
City Manager a detailed statement of the dispute, accompanied by all supporting documentation
(one hundred twenty (120) days if City Manager's decision is subject to City Commission
approval); or (iii) City has waived compliance with the procedure set forth in this section by written
instruments, signed by the City Manager. In no event may the amount of compensation under this
Section exceed the total compensation set forth in Section 4 (A) of this Agreement.
13. TERMINATION: OBLIGATIONS UPON TERMINATION:
A. The City, acting by and through its City Manager, shall have the right to terminate
this Agreement, in its sole discretion, for convenience, and without penalty or any stated cause,
at any time, by giving written notice to Contractor at least thirty (30) calendar days prior to the
effective date of such termination. In such event, the City shall pay to Contractor compensation
for Services rendered and approved expenses incurred prior to the effective date of termination.
In no event shall the City be liable to Contractor for any additional compensation and expenses
incurred, other than that provided herein, and in no event shall the City be liable for any
consequential or incidental damages. The Contractor shall have no recourse or remedy against
the City for a termination under this subsection except for payment of fees due prior to the effective
date of termination.
B. The City, by and acting through its City Manager, shall have the right to terminate
this Agreement, in its sole discretion, and without penalty, upon the occurrence of an event of a
material breach hereunder, and failure to cure the same within thirty (30) days after written notice
of default. In such event, the City shall not be obligated to pay any amounts to Contractor for
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Services rendered by Contractor after the date of termination, but the parties shall remain
responsible for any payments that have become due and owing as of the effective date of
termination. In no event shall the City or Contractor be liable to the other for any additional
compensation and expenses incurred, other than that provided herein, and in no event shall the
City or Contractor be liable for any direct, indirect, consequential or incidental damages.
14. NONDISCRIMINATION. EQUAL EMPLOYMENT OPPORTUNITY. AND AMERICANS
WITH DISABILITIES ACT:
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. 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, Contractor
shall take affirmative steps to ensure nondiscrimination in employment against disabled
persons.
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 Agreement. Furthermore, 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,
Contractor shall not discriminate against any person on the basis of race, age, religion, color,
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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.
16. ASSIGNMENT:
The Contractor's services are considered unique and specialized. This Agreement shall
not be assigned, sold, transferred, pledged, or otherwise conveyed by Contractor, in whole or in
part, and Contractor shall not assign any part of its operations which are related to the
performance of this Agreement, without the prior written consent of the City Manager, which may
be withheld or conditioned, in the City's sole discretion through the City Manager.
17. NOTICES:
All notices or other communications required under this Agreement shall be in writing and
shall be given by hand -delivery or by registered or certified U.S. Mail, return receipt requested,
addressed to the other party at the address indicated herein or to such other address as a party
may designate by notice given as herein provided. Notice shall be deemed given on the day on
which personally delivered; or, if by mail, on the fifth day after being posted or the date of actual
receipt, whichever is earlier.
TO CONTRACTOR:
Darcee S. Siegel
169 Camden Drive
Bal Harbour, FL 33154
TO THE CITY:
Arthur Noriega V
City Manager
City of Miami
444 S.W. 2nd Avenue, 10th Floor
Miami, FL 33130-1910
With copies to:
George K. Wysong III
City Attorney
City of Miami
444 S.W. 2nd Avenue, Suite 945
Miami, FL 33130-1910
Page 13 of 26
Annie Perez, CPPO
Procurement Director
City of Miami
444 S.W. 2nd Avenue, 6th Floor
Miami, FL 33130-1910
18. MISCELLANEOUS PROVISIONS:
A. This Agreement shall be construed and enforced according to the laws of the State
of Florida. Venue in any proceedings between the parties shall be in Miami -Dade County, Florida.
Each party shall bear its own costs and attorneys' fees. Each party waives any defense, whether
asserted by motion, memorandum, or pleading, that the aforementioned courts are an improper
or inconvenient venue. Moreover, the parties consent to the personal jurisdiction of the
aforementioned courts and irrevocably waive any objections to said jurisdiction. The parties freely,
knowingly and irrevocably waive any rights to a jury trial in any actions or proceedings between
them related to this Agreement.
B. No waiver or breach of any provision of this Agreement shall constitute a waiver of
any subsequent breach of the same or any other provision hereof, and no waiver shall be effective
unless made in writing.
C. Should any provision, paragraph, sentence, word or phrase contained in this
Agreement be determined by a court of competent jurisdiction to be invalid, illegal or otherwise
unenforceable under the laws of the State of Florida or the City of Miami, such provision,
paragraph, sentence, word or phrase shall be deemed modified to the extent necessary in order
to conform with such laws, or if not modifiable, then the same shall be deemed severable, and
in either event, the remaining terms and provisions of this Agreement shall remain unmodified
and in full force and effect or limitation of its use.
D. Contractor shall comply with all applicable laws, rules and regulations in the
performance of this Agreement, including, but not limited to, licensure, registration, and
Page 14 of 26
certifications required by law for professional service Contractors performing these Services.
E. This Agreement constitutes the sole and entire Agreement between the parties
hereto. No modification or amendment hereto shall be valid unless in writing and executed by
properly authorized representatives of the parties hereto. Except as otherwise set forth in Section
2 above, the City Manager shall have the sole authority to extend, amend, or modify this
Agreement on behalf of the City. All changes and/or modifications to this Agreement shall be
approved in advance and in writing by the Office of the City Attorney as to legal form and
correctness, and executed in writing by the City and the Contractor.
F. Title and paragraph headings are for convenient reference and are not a part of
this Agreement.
G. Nothing contained in this Agreement is in any way intended to be a waiver of the
limitation placed upon the Indemnitees' liability as set forth in Chapter 768, Florida Statutes.
Additionally, the Indemnitees do not waive sovereign immunity, and no claim or award against the
Indemnitees shall include attorneys' fees, investigative costs, pre -suit or adjusting costs, or pre-
judgment interest.
H. If any term or provision of this Agreement, or combination of the same, is in
violation of any applicable law or regulation, or is unenforceable or void for any reason, such term,
provision or combination of same shall be modified or reformed by the court to the minimum extent
necessary to accomplish the intention of the entire Agreement to the maximum extent allowable,
under any legal form, without violating applicable law or regulation. Notwithstanding, the
remainder of the Agreement shall remain binding upon the parties. This Subsection shall not apply
if there is a material breach of this Agreement causing cancelation or cancellation for
convenience.
19. SUCCESSORS AND ASSIGNS:
This Agreement shall be binding upon the parties hereto, their heirs, executors, legal
Page 15 of 26
representatives, successors, or assigns.
20. INDEPENDENT CONTRACTORS:
Contractor has been procured and is being engaged to provide Services to the City as an
independent contractor, and not as an agent or employee of the City. Accordingly, neither
Contractor, nor its employees, nor any subcontractor hired by Contractor to provide any Services
under this Agreement shall attain, nor be entitled to, any rights or benefits under the Civil Service
or Pension Ordinances of the City, nor any rights generally afforded classified or unclassified
employees. Contractor further understands that Florida Workers' Compensation benefits
available to employees of the City are not available to Contractor, its employees, or any
subcontractor hired by Contractor to provide any Services hereunder, and Contractor agrees to
provide or to require subcontractor(s) to provide, as applicable, workers' compensation insurance
for any employee or agent of Contractor rendering Services to the City under this Agreement.
Contractor further understands and agrees that Contractor's or subcontractors' use or entry upon
City properties shall not in any way change its or their status as an independent contractor.
21. CONTINGENCY CLAUSE:
Funding for this Agreement is contingent on the availability of funds and continued
authorization for program activities and the Agreement is subject to amendment or termination
due to lack of funds, reduction of funds, failure to allocate or appropriate funds, and/or change in
applicable laws or regulations, upon thirty (30) days written notice.
22. FORCE MAJEURE:
A "Force Majeure Event" shall mean an act of God, act of governmental body or military
authority, fire, explosion, power failure, flood, storm, hurricane, sink hole, other natural disasters,
epidemic, riot or civil disturbance, war or terrorism, sabotage, insurrection, blockade, or
embargo. In the event that either party is delayed in the performance of any act or obligation
pursuant to or required by the Agreement by reason of a Force Majeure Event, the time for
Page 16 of 26
required completion of such act or obligation shall be extended by the number of days equal
to the total number of days, if any, that such party is actually delayed by such Force Majeure
Event. The party seeking delay in performance shall give notice to the other party specifying
the anticipated duration of the delay, and if such delay shall extend beyond the duration
specified in such notice, additional notice shall be repeated no less than monthly so long as
such delay due to a Force Majeure Event continues. Any party seeking delay in performance
due to a Force Majeure Event shall use its best efforts to rectify any condition causing such
delay and shall cooperate with the other party to overcome any delay that has resulted.
23. CITY NOT LIABLE FOR DELAYS:
Contractor hereby understands and agrees that in no event shall the City be liable for,
or responsible to Contractor or any subcontractor, or to any other person, firm, or entity for or
on account of, any stoppages or delay(s) in work herein provided for, or any damages
whatsoever related thereto, because of any injunction or other legal or equitable proceedings
or on account of any delay(s) for any cause over which the City has no control.
24. USE OF NAME:
Contractor understands and agrees that the City is not engaged in research for
advertising, sales promotion, or other publicity purposes. Contractor is allowed, within the limited
scope of normal and customary marketing and promotion of its work, to use the general results
of this project and the name of the City. The Contractor agrees to protect any confidential
information provided by the City and will not release information of a specific nature without prior
written consent of the City Manager or the City Commission.
25. NO CONFLICT OF INTEREST:
Pursuant to City of Miami Code Section 2-611, as amended ("City Code"), regarding
conflicts of interest, Contractor hereby certifies to the City that no individual member of Contractor,
no employee, and no subcontractor under this Agreement nor any immediate family member of
Page 17 of 26
any of the same is also a City employee or a member of any board, commission, or agency of the
City. Contractor hereby represents and warrants to the City that throughout the term of this
Agreement, Contractor, its employees, and its subcontractors will abide by this prohibition of the
City Code.
Contractor additionally agrees during the term of this Agreement not to serve as a paid
expert witness, affiant or otherwise furnish evidence adverse to the City in a claim brought against
the City by any third party.
26. NO THIRD -PARTY BENEFICIARY:
No persons other than the Contractor and the City (and their successors and assigns)
shall have any rights whatsoever under this Agreement.
27. SURVIVAL:
All obligations (including, but not limited to, indemnity and obligations to defend and hold
harmless) and rights of any party arising during or attributable to the period prior to expiration or
earlier termination of this Agreement shall survive such expiration or earlier termination.
28. TRUTH -IN -NEGOTIATION CERTIFICATION. REPRESENTATION AND WARRANTY:
Contractor hereby certifies, represents and warrants to the City that on the date of
Contractor's execution of this Agreement, and so long as this Agreement shall remain in full force
and effect, the wage rates and other factual unit costs supporting the compensation to Contractor
under this Agreement are and will continue to be accurate, complete, and current. Contractor
understands, agrees and acknowledges that the City shall adjust the amount of the compensation
and any additions thereto to exclude any significant sums by which the City determines the
contract price of compensation hereunder was increased due to inaccurate, incomplete, or non-
current wage rates and other factual unit costs. All such contract adjustments shall be made within
one (1) year of the end of this Agreement, whether naturally expiring or earlier terminated pursuant
to the provisions hereof.
Page 18 of 26
29. COUNTERPARTS. ELECTRONIC SIGNATURES:
This Agreement may be executed in counterparts, each of which shall be an original as
against either party whose signature appears thereon, but all of which taken together shall
constitute but one and the same instrument. An executed facsimile or electronic scanned copy
of this Agreement shall have the same force and effect as an original. The parties shall be entitled
to sign and transmit an electronic signature on this Agreement (whether by facsimile, PDF, or other
email transmission), which signature shall be binding on the party whose name is contained
therein. Any party providing an electronic signature agrees to promptly execute and deliver to the
other parties an original signed Agreement upon request.
30. ENTIRE AGREEMENT:
This instrument and its exhibits constitute the sole and only agreement of the parties
relating to the subject matter hereof and correctly set forth the rights, duties, and obligations of
each to the other as of its date. Any prior agreements, promises, negotiations, or representations
not expressly set forth in this Agreement are of no force or effect.
31. E-VERIFY EMPLOYMENT VERIFICATION:
By entering into this Agreement, Contractor and its subcontractors are jointly and severally
obligated to comply with the provisions of Section 448.095, Florida Statutes, as amended, titled
"Employment Eligibility." Contractor affirms that (a) it has registered and uses the U.S.
Department of Homeland Security's E-Verify system to verify the work authorization status of all
new employees of Contractor; (b) it has required all subcontractors to this Agreement to register
and use the E-Verify system to verify the work authorization status of all new employees of the
subcontractor; (c) it can obtain an affidavit from all subcontractors to this Agreement attesting that
the subcontractor does not employ, contract with, or subcontract with, unauthorized aliens; and
(d) it shall maintain copies of any such affidavits for the duration of the Agreement. Registration
information is available at: http://www.uscis.gov/e-verify. If the City has a good faith belief that
Page 19 of 26
Contractor has knowingly violated Section 448.09(1), Florida Statutes, then City shall terminate
this Agreement in accordance with Section 448.095(5)(c), Florida Statutes. In the event of such
termination, Contractor agrees and acknowledges that it may not be awarded a public contract
for at least one (1) year from the date of such termination and that Contractor shall be liable for
any additional costs incurred by the City because of such termination. In addition, if City has a
good faith belief that a subcontractor has knowingly violated any provisions of Sections 448.09(1)
or 448.095, Florida Statutes, but Contractor has otherwise complied with its requirements under
those statutes, then Contractor agrees that it shall terminate its contract with the subcontractor
upon receipt of notice from the City of such violation by subcontractor in accordance with Section
448.095(5)(c), Florida Statutes. Any challenge to termination under this provision must be filed
in the Circuit or County Court by the City, Contractor, or subcontractor no later than twenty (20)
calendar days after the date of said termination.
(SIGNATURE PAGE TO FOLLOW)
Page 20 of 26
IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed
by their respective officials thereunto duly authorized, this the day and year above written.
ATTEST:
Title:
ATTEST: ,- DocuSigned by:
Todd B. Hannon
City Clerk
"Contractor" or "Panelist"
DarceeS. Sieael
an Individual
Name: DPiteEr S. .S1G El.
Title: R 1ToRNEY - A-T• L'? W
"City„
CITY OF MIANII,
a Florida municipal corporation
By: nbh�..�a.
Arthur Noriega V
City Manager
csL.A.Slcorell In,
APPROVED AS TO LEGAL FORM AND APPROVED AS TO INSURANCE
CORRECTNESS:
By: 12'1' l�ysew� W
George K. Wysong III
City Attorney
DS
(Matter 24-1317)
REQUIREMENTS:
L
By:}T.,;,..
Page 21 of 26
Ann -Marie Sharpe, Director
Risk Management
EXHIBIT "A"
SCOPE OF SERVICES
A. BACKGROUND
On September 28, 2024, the City Commission approved Resolution No. 23-0437, which
authorized the City Manager to create and administer a qualified Pool of Panelists for
the Unsafe Structures Panel, and authorized the City Manager to execute an
Agreement, in a form acceptable to the City Attorney, under the terms and conditions
set forth herein, pursuant to Section 10-101 of the Code of the City of Miami, FL ("City
Code"), and other applicable Sections of the City Code to provide for the adjudication
of unsafe structure hearings, arising under Chapter 10 of the City Code. The
aforementioned sections of the City Code are hereby attached and incorporated by
reference, as Attachment "A."
B. SERVICES TO BE PROVIDED
The Panelist shall:
1. Be impartial to all parties;
2. Adhere to any other requirements or rules including, but not limited to, those in the
City Code and minutes of the Hearing Officer Review Board;
3. Be willing to attend Panel hearings which are scheduled to occur every other
Friday starting at 9:00 AM;
4. Call hearings;
5. Conduct hearings;
6. Set future hearing dates;
7 Hold hearings as necessary;
8. Entertain special business or announcements forthcoming from the Office of the
City Attorney ("City Attorney") or the Panel's Attorney before or after the day's
agenda is heard;
9. Sit as an impartial hearing officer to determine, based upon evidence presented
during the hearing, if a violation exists;
10. Review agendas as provided by the Unsafe Structures Clerk prior to each hearing
and keep up to date with the current City Code and Florida Building Code as well
as any updates;
Page 22 of 26
11. Hear the presentation, testimonial, and documentary evidence of the case from
the City of Miami Building Official or designee, and any other witnesses from the
City, and also hear the presentation of the case similarly from the Property owner
or interested party;
12. Upon completion of the hearing, issue findings of fact based upon the evidence
presented and made part of the record and conclusions of law, and shall issue an
order affording the proper relief consistent with the powers granted herein to
uphold the violation issued by the City Building Official or dismiss; and, if upheld,
provide for time to repair the structure or to demolish said structure, as required by
law;
13. Upon completion of the hearing, issue an order affording the proper relief
consistent with the powers granted herein to uphold the violation issued by the City
Building Official or dismiss and, if upheld, provide for time to repair the structure
or to demolish said structure, as required by law;
14. Issue the findings and order of relief consistent with the findings at the time of the
conclusion of the hearing, should the hearing be required to be set for more than
one (1) meeting;
15. Hear requests for extensions of time for Property owners who are in
compliance with the Panel orders, but need more time to continue compliance,
and;
16. Hear breach of Panel order matters set either by Property owners who breached a
Panel order or set by the City to dispose of cases where Property owners have
breached and not come forward in any attempt to comply.
C. SCHEDULING OF WORK
The assignment of a protest to a Panelist will be on a rotational basis.
D. QUALIFICATION REQUIREMENTS
The Panelist warrants that it meets, and will continue to maintain throughout the
duration of the Agreement and any renewals thereof, the following qualification
requirements:
1. Maintain residency in Miami -Dade County for at least six (6) months prior to
appointment and for the duration of the appointment;
2. Currently and for the duration of the appointment, be certified or licensed in any
of the following professions: General Contractor, Architect, Engineer, Attorney, or
have a minimum of a bachelor's degree and two (2) years of community service
or involvement;
3. Not be either a current or former employee of the City, notwithstanding any other
Page 23 of 26
provision in the City Code;
4. Not have any current or future construction or construction related business with
the City or any other City related business that creates a conflict of
interest. Any possible conflict shall be brought to the Panel attorney for
immediate review;
5. Not have any current code violations on any property they own or where they are
the cause of current code violations due to their professional services;
6. Not be an individual, member, principal, officer, or stockholder in arrears or in
default of any debt or contract involving the City, be a defaulter or surety upon
any obligation to the City, and/or has failed to perform faithfully any contract with
the City;
7. Not have any unpaid citations, unsatisfied liens, judgments, or other funds owed
to the City or anywhere else in Miami -Dade County;
8. Provide a full financial history as part of the application process, including, but
not limited to, sources of income and debt, as well as proof of certifications, and
educational background;
9. Provide a full criminal history as part of the application process, including, but
not limited to, consent to a criminal background check;
10. Have never filed for bankruptcy, be in sound financial condition, have no record
of civil litigation or pending lawsuits involving criminal activities of a moral
turpitude, and shall not have conflicts of interest with the City;
Page 24 of 26
"Exhibit A"
AGENDA ITEM COVER PAGE
File ID: #14665
Resolution
Sponsored by: Commissioner Sabina Covo
A RESOLUTION OF THE MIAMI CITY COMMISSION PURSUANT TO SECTION 10-
101 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY
CODE"), AUTHORIZING THE CITY MANAGER TO CREATE AND ADMINISTER A
QUALIFIED POOL OF PANELISTS FOR THE UNSAFE STRUCTURES PANEL, IN
ACCORD WITH THE CITY OF MIAMI PROCUREMENT ORDINANCE OF ARTICLE III
OF CHAPTER 18 OF THE CITY CODE; ALLOCATING FUNDING FROM THE
VARIOUS SOURCES OF FUNDS OF THE END -USER DEPARTMENTS, AND SUCH
OTHER SOURCES, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY
APPROVAL AT THE TIME OF NEED; FURTHER AUTHORIZING THE CITY
MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL OTHER DOCUMENTS,
INCLUDING ANY AGREEMENTS, AMENDMENTS, RENEWALS, AND EXTENSIONS,
SUBJECT TO ALL ALLOCATIONS, APPROPRIATIONS, PRIOR BUDGETARY
APPROVALS, COMPLIANCE WITH ALL APPLICABLE PROVISIONS OF THE CITY
CODE, INCLUDING THE CITY'S PROCUREMENT ORDINANCE, ANTI -DEFICIENCY
ACT, AND FINANCIAL INTEGRITY PRINCIPLES, ALL AS SET FORTH IN CHAPTER
18 OF THE CITY CODE, IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, AND
IN COMPLIANCE WITH ALL APPLICABLE LAWS, RULES, AND REGULATIONS, AS
MAY BE DEEMED NECESSARY FOR SAID PURPOSE.
City of Miami
Legislation
Resolution
Enactment Number: R-23-0437
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 14665 Final Action Date:9/28/2023
A RESOLUTION OF THE MIAMI CITY COMMISSION PURSUANT TO SECTION 10-
101 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY
CODE"), AUTHORIZING THE CITY MANAGER TO CREATE AND ADMINISTER A
QUALIFIED POOL OF PANELISTS FOR THE UNSAFE STRUCTURES PANEL, IN
ACCORD WITH THE CITY OF MIAMI PROCUREMENT ORDINANCE OF ARTICLE III
OF CHAPTER 18 OF THE CITY CODE; ALLOCATING FUNDING FROM THE
VARIOUS SOURCES OF FUNDS OF THE END -USER DEPARTMENTS, AND SUCH
OTHER SOURCES, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY
APPROVAL AT THE TIME OF NEED; FURTHER AUTHORIZING THE CITY
MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL OTHER DOCUMENTS,
INCLUDING ANY AGREEMENTS, AMENDMENTS, RENEWALS, AND EXTENSIONS,
SUBJECT TO ALL ALLOCATIONS, APPROPRIATIONS, PRIOR BUDGETARY
APPROVALS, COMPLIANCE WITH ALL APPLICABLE PROVISIONS OF THE CITY
CODE, INCLUDING THE CITY'S PROCUREMENT ORDINANCE, ANTI -DEFICIENCY
ACT, AND FINANCIAL INTEGRITY PRINCIPLES, ALL AS SET FORTH IN CHAPTER
18 OF THE CITY CODE, IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, AND
IN COMPLIANCE WITH ALL APPLICABLE LAWS, RULES, AND REGULATIONS, AS
MAY BE DEEMED NECESSARY FOR SAID PURPOSE.
WHEREAS, the Unsafe Structures Panel ("Panel") is a separate, distinct, and
independent quasi-judicial body that hears appeals of notices of violations and first time
enforcement hearings for properties that have been found by the City of Miami ("City") Building
Official, or designee, to be in violation of State and local building codes; and
WHEREAS, the composition, designation, organization, duties, powers and
compensation of the Panel are set forth in Section 10-101 of the Code of the City of Miami,
Florida, as amended ("City Code"); and
WHEREAS, the Panel has the authority to order the repair or the demolition of property
structures that are in violation of City and State law; and
WHEREAS, all rulings of the Panel are appealable to the Appellate Panel of the
Eleventh Judicial Circuit in and for Miami -Dade County, Florida; and
WHEREAS, this Resolution is necessary so that the City Manager and Administrative
staff can move forward with the procurement process under Article III of Chapter 18 of the City
Code to create and administer the Unsafe Structures Panel Pool in furtherance of enforcement
of the City Code and the Florida Building Code;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF
MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Resolution are
adopted by reference and incorporated as fully set forth in this Section.
Section 2. Pursuant to Section 10-101 of the City Code, the City Manager is hereby
authorized' to create and administer a qualified pool of panelists for the Unsafe Structures
Panel, in accord with the Procurement Ordinance of Article III of Chapter 18 of the City Code.
Section 3. Funding shall be allocated from the various sources of funds of the end -user
departments, and such other sources, subject to the availability of funds and budgetary approval
at the time of need.
Section 4. The City Manager is further authorized1 to negotiate and execute any and all
documents, including any agreements, amendments, renewals, and extensions, subject to all
allocations, appropriations, prior budgetary approvals, compliance with all applicable provisions
of the City Code, including the City's Procurement Ordinance, Anti -Deficiency Act, and Financial
Integrity Principles, all as set forth in Chapter 18 of the City Code, in forms acceptable to the
City Attorney, and in compliance with all applicable laws, rules, and regulations, as may be
deemed necessary for said purpose.
Section 5. This Resolution shall become effective immediately upon its adoption.
APPROVED AS TO FORM AND CORRECTNESS:
ndez, City Attar9/19/2023
Pursuant to the resolution, this item became effective immediately upon adoption by the Commission.
1 The herein authorization is further subject to compliance with all legal requirements that may be
imposed, including but not limited to, those prescribed by applicable City Charter and City Code
provisions.
EXHIBIT "B"
PANELIST'S RESPONSE TO RFQ 1843388
Page 25 of 26
EXHIBIT "C"
CITY OF MIAMI RFQ NO. 1843388 — UNSAFE STRUCTURES PANELISTS
Page 26 of 26
Request for Qualifications (RFQ) 1739386
City of Miami
Request for Qualifications
(RFQ)
Procurement Department
Miami Riverside Center
444 SW 2nd Avenue, 6th Floor
Miami, Florida 33130
Web Site Address: www.miamigov.com/procurement
RFQ Number:
Title:
Issue Date/Time:
RFQ Closing Date/Time:
Pre-Bid/Pre-Proposal Conference:
Pre-Bid/Pre-Proposal Date/Time:
Pre-Bid/Pre-Proposal Location:
Deadline for Request for Clarification:
Contracting Officer:
Contracting Officer E-Mail Address:
Hardcopy Submittal Location:
1843388
Unsafe Structures Panelists
Wednesday, April 24, 2024
Wednesday, May 8, 2024, at 2:00 PM
Voluntary
Wednesday, May 1, 2024, at 10:00 AM
Miami Riverside Center
444 SW 2nd Avenue
6th Floor South Conference Room
Miami, FL 33130
Friday, May 3, 2024, at 5:00 PM
James Justin Griffin
j_griffin@,miamigov.com
City of Miami — City Clerk
3500 Pan American Drive
Miami, FL 33133
Request for Qualifications (RFQ) 1739386
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 (FIRM):
ADDRESS:
PHONE: FAX:
EMAIL: CELL(Optional):
SIGNED BY: PRINT NAME:
TITLE: DATE:
FAILURE TO COMPLETE, SIGN, AND RETURN THIS FORM SHALL
DISQUALIFY THIS RESPONSE.
Certifications
Request for Qualifications (RFQ) 1739386
Legal Name:
Residence Location: City of Miami, Miami -Dade County, or Other (Please list):
Office Location: City of Miami, Miami -Dade County, or Other:
Florida Legal License Information (Bar Number):
Please list and acknowledge all addendum/addenda received. List the addendum/addenda number and
date of receipt (e.g., Addendum No. 1, 1/1/24). If no addendum/addenda was/were issued, please insert
N/A.
Acknowledge that if awarded, Proposer will be required to execute the Professional Services Agreement
in substantially the attached form. In addition, Proposer must acknowledge that certain clauses
(including, without limitation #2, Tern, #6 Audit and Inspection Rights and Records Retention,
#8 Public Records, #9 Compliance with Federal, State and Local Laws, #10 Indemnification, #13
Termination, Obligation Upon Termination, #15 Nondiscrimination, and #23 City Not Liable for
Delays), are non-negotiable.
FAILURE TO COMPLETE, SIGN, AND RETURN THIS FORM SHALL
DISQUALIFY THIS RESPONSE.
Request for Qualifications (RFQ) 1843388
IMPORTANT NOTICE TO PROPOSERS
• FAILURE TO COMPLETE, SIGN, AND UPLOAD/INCLUDE THE CERTIFICATION
STATEMENT AND CERTIFICATIONS SECTION WILL RENDER YOUR PROPOSAL
NON -RESPONSIVE.
• FAILURE TO COMPLETE AND UPLOAD/INCLUDE THE FOLLOWING WILL
RENDER YOUR PROPOSAL NON -RESPONSIVE.
1. ATTACHMENT A, REFERENCE SUBMITTAL FORM.
2. ATTACHMENT B, HEARING PANELIST APPLICATION
• UPLOADED ATTACHMENT FILES SHALL BE NO MORE THAN 500MB IN SIZE
EACH, SHOULD THERE BE A NEED FOR A LARGER SIZE FILE TO BE UPLOADED
SPLIT IN MULTIPLE FILES.
• CONTACT PERISCOPE S2G ELECTRONIC BIDDING SYSTEM F/K/A BIDSYNC
("PERISCOPE") PRODUCT SUPPORT TOLL -FREE NUMBER 800-990-9339,
EMAIL S2G-SUPPORT@PERISCOPEHOLDINGS.COM, OR
HTTPS://WWW.PERTSCOPEHOLDINGS.COM/CONTACT FOR PERISCOPE
TECHNICAL DIFFICULTIES AND/OR ISSUES.
Request for Qualifications (RFQ) 1843388
Table of Contents
Terms and Conditions
1. General Conditions
1.1. GENERAL TERMS AND CONDITIONS
2. Special Conditions
2.1. PURPOSE
2.2. PRE -PROPOSAL CONFERENCE
2.3. DEADLINE FOR RECEIPT OF REQUEST FOR ADDITIONAL
INFORMATION/CLARIFICATION
2.4. TERM OF CONTRACT
2.5. CONDITIONS FOR RENEWAL
2.6. COMPENSATION
2.7. MINIMUM QUALIFICATIONS
2.8. REFERENCES
2.9. EXECUTION OF AN AGREEMENT
2.10. PRE -QUALIFIED POOL / WORK ASSIGNMENT PROCESS
2.11. INSURANCE REQUIREMENTS
2.12. NON -APPROPRIATION OF FUNDS
2.13. UNAUTHORIZED WORK
2.14. FAILURE TO PERFORM
2.15. SUBCONTRACTORS OR SUBCONSULTANTS
2.16. EVALUATION/SELECTION PROCESS AND CONTRACT AWARD
2.17. METHOD OF PAYMENT
2.18. ADDITIONAL SERVICES
2.19. LIMITED CONTRACT EXTENSION
2.20. TERMINATION
2.21. RECORDS
2.22. ADDITIONAL TERMS AND CONDITIONS
3. Specifications / Scope of Work
3.1. SPECIFICATIONS/SCOPE OF WORK
4. Submission Requirements
4.1. SUBMISSION REQUIREMENTS
5. Evaluation Criteria
5.1. EVALUATION CRITERIA
Request for Qualifications (RFQ) 1843388
Terms and Conditions
1. General Terms and Conditions
GENERAL TERMS AND CONDITIONS
Intent: The General Terms and Conditions described herein apply to the acquisition of goods/equipment/services with
an estimated aggregate cost of $25,000.00 or more.
Definition: A formal solicitation is defined as issuance of an Invitation for Bids, Request for Proposals, Request for
Qualifications, or Request for Letters of Interest pursuant to the City of Miami Procurement Code and/or Florida Law,
as amended. Formal Solicitation and Solicitation shall be defined in the same manner herein.
1.1 ACCEPTANCE OF GOODS, EQUIPMENT OR SERVICES - Any good(s), equipment or services delivered
under this formal solicitation, if applicable, shall remain the property of the seller until a physical inspection and actual
usage of the good is made, and thereafter is accepted as satisfactory to the City. It must comply with the terms herein and
be fully in accordance with specifications and of the highest quality. In the event the goods/equipment supplied to the
City are found to be defective or does not conform to specifications, the City reserves the right to cancel the order upon
written notice to the Contractor and return the product to the Contractor at the Contractor's expense. In terms of this
Solicitation the use of the word "services" includes without limitation professional and personal services as that term
professional and personal services is defined by the City of Miami Procurement Ordinance and as set forth in the
Definitions Section 18-73 of the City Code.
1.2 ACCEPTANCE OF OFFER - Subject to prior occurrence of all condition's precedent set forth in Section 1.88, The
signed or electronic submission of your solicitation response shall be considered an offer on the part of the Proposer; such
offer shall be deemed accepted upon the occurrence of all conditions precedent and issuance by the City of a purchase
order or notice to proceed, as applicable. In summation, execution of a Professional Services Agreement and/or
Agreement, approval by a referendum as stated in this RFQ, and issuance by the City of a purchase order, and/or notice
to proceed, as applicable.
1.3 ACCEPTANCE/REJECTION - The City reserves the right to accept or reject any or all responses or parts of after
opening/closing date and request re -issuance on the goods/services described in the formal solicitation. In the event of
such rejection, the Director of Procurement shall notify all affected Proposers and make available a written explanation
for the rejection. The City also reserves the right to reject the response of any Proposer:
1) Who has previously failed to properly perform under the terms and conditions of a Professional Services Agreement
("PSA") and/or Agreement,
2) Who failed to deliver on time, contracts of a similar nature,
3) Who is not in a position to perform the requirements defined in this formal solicitation
4) Who has been debarred,
5) Who is on the convicted vendors list,
6) Who is indebted to the City, or
7) Who is otherwise determined to be non- responsive or non -responsible.
The City further reserves the right to waive any irregularities, minor informalities, or technicalities in any or all responses
and may, at its discretion, re -issue this formal solicitation.
1.4 ADDENDA - It is the Proposer's responsibility to ensure receipt of all Addenda. Addenda are available on the BidSync
Procurement Solutions Platform ("BidSync") only.
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1.5 ALTERNATE RESPONSES WILL NOT BE CONSIDERED.
1.6 ASSIGNMENT - Contractor agrees not to subcontract, assign, transfer, convey, sublet, or otherwise dispose of the
resulting Contract, or any or all its rights, title or interest herein, without the City Manager's prior written consent.
1.7 ATTORNEY'S FEES - In connection with any litigation, mediation and arbitration arising out of this Contract, each
party shall bear their own attomey's fees through and including appellate litigation and any post judgment proceedings.
1.8 AUDIT RIGHTS AND RECORDS RETENTION - The Successful Proposer agrees to provide access at all
reasonable times to the City, or to any of its duly authorized representatives, to any books, documents, papers, and records
of Contractor which are directly pertinent to this formal solicitation, for the purpose of audit, examination, excerpts, and
transcriptions. The Successful Proposer shall maintain and retain any and all of the books, documents, papers and records
pertinent to the Contract for three (3) years after the City makes final payment and all other pending matters are closed.
Contractor's failure to or refusal to comply with this condition shall result in the immediate cancellation of this contract
by the City. The audit and inspection provisions set forth in Sections 18-100 to 18-102, City Code, are deemed as being
incorporated by reference herein as set forth in full.
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 Proposer 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 Proposer
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 Proposer.
1.10 AWARD OF CONTRACT:
A. The PSA and/or Agreement, the Formal Solicitation, the Proposer's response, any addenda issued, and the blanket
purchase order shall constitute the entire contract, unless modified in accordance with any ensuing amendment or
addenda.
B. The award of this contract may be preconditioned on the subsequent submission of other documents as specified in the
Special Conditions or Technical Specifications. Proposer shall be in default of its contractual obligation if such documents
are not submitted in a timely manner and in the form required by the City. Where Proposer is in default of these contractual
requirements, the City, through action taken by the Department of Procurement, will void its acceptance of the Proposer's
Response and may accept the Response from the next lowest responsive, responsible Proposal most advantageous to the
City or re -solicit the City's requirements. The City, at its sole discretion, may seek monetary restitution from Proposer
and its proposal bond or guaranty, if applicable, as a result of damages or increased costs sustained as a result of the
Proposer's default.
C. The term of the contract shall be specified in one of three documents which shall be issued to the Successful Proposer.
These documents may either be a blanket purchase order, notice of award and/or contract award sheet.
D. The City reserves the right to automatically extend this contract for up to one hundred twenty (120) calendar days
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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 awarded. If the right is exercised, the City shall notify the Proposer, in writing,
of its intent to extend the contract at the same price, terms and conditions for a specific number of days.
Additional extensions over the first one hundred twenty (120) day extension may occur, if, the City and the Successful
Proposer are in mutual agreement of such extensions.
E. 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.
F. An PSA and/or Agreement shall be awarded to the Proposer by the City Commission based upon the minimum
qualification requirements reflected herein. As a result of a RFP, RFQ, or RFLI, the City reserves the right to execute or
not execute, as applicable, an PSA and/or Agreement with the Proposer, whichever is determined to be in the City's best
interests. Such PSA and/or Agreement which will be furnished by the City, will contain certain terms as are in the City's
best interests, and will be subject to approval as to legal form by the City Attorney. All conditions precedent identified in
Section 1.88 before any Agreement is binding.
1.11 BID BOND/ BID SECURITY - A cashier's or certified check, or a Bid Bond signed by a recognized surety company
that is licensed to do business in the State of Florida, payable to the City of Miami, for the amount bid is required from
all Proposers, if so indicated under the Special Conditions. This check or bond guarantees that the Proposer will accept
the order or contract/agreement, as proposed, if it is awarded to the Proposer. Proposer shall forfeit proposal deposit to
the City should the City award the contract/agreement to the Proposer and if Proposer fails to accept the award. The City
reserves the right to reject any and all surety tendered to the City. Proposal deposits are returned to unsuccessful Proposers
within ten (10) days after the award and Successful Proposer's acceptance of award. If sixty (60) days have passed after
the date of the formal solicitation closing date, and no contract has been awarded, all deposits will be returned on demand.
1.12 RESPONSE FORM - All forms should be completed, signed and submitted accordingly.
1.13 BID SECURITY FORFEITED LIQUIDATED DAMAGES - Failure to execute a PSA and/or Agreement and/or
file an acceptable Performance Bond, when required, as provided herein, shall be just cause for the annulment of the
award and the forfeiture of the Bid Security to the City, which forfeiture shall be considered, not as a penalty, but in
mitigation of damages sustained. Award may then be negotiated with the next highest ranked responsive and responsible
Proposal most advantageous to the City or all responses may be rejected.
1.14 BRAND NAMES - If and wherever in the specifications brand names, makes, models, names of any manufacturers,
trade names, or Proposer catalog numbers are specified, it is for the purpose of establishing the type, function, minimum
standard of design, efficiency, grade or quality of goods only. When the City does not wish to rule out other competitors'
brands or makes, the phrase "OR EQUAL" is added. When bidding/proposing an approved equal, Proposers will submit,
with their response, complete sets of necessary data (factory information sheets, specifications, brochures, etc.) in order
for the City to evaluate and determine the equality of the item(s) bid/proposed. The City shall be the sole judge of equality
and its decision shall be final. Unless otherwise specified, evidence in the form of samples may be requested if the
proposed brand is other than specified by the City. Such samples are to be furnished after formal solicitation
opening/closing only upon request of the City. If samples should be requested, such samples must be received by the City
no later than seven (7) calendar days after a formal request is made.
1.15 CANCELLATION - The City reserves the right to cancel all formal solicitations before its opening/closing. In the
event of proposal cancellation, the Director of Procurement shall notify all prospective Proposers and make available a
written explanation for the cancellation.
Request for Qualifications (RFQ) 1843388
1.16 CAPITAL EXPENDITURES - Proposer understands that any capital expenditures that the firm makes, or prepares
to make, in order to deliver/perform the goods/services required by the City, is a business risk which the Contractor must
assume. The City will not be obligated to reimburse amortized or unamortized capital expenditures, or to maintain the
approved status of any Contractor. If Contractor has been unable to recoup its capital expenditures during the time it is
rendering such goods/services, it shall not have any claim upon the City.
1.17 CITY NOT LIABLE FOR DELAYS - It is further expressly agreed that in no event shall the City be liable for, or
responsible to, the Proposer/Consultant, any sub-contractor/sub-consultant, or to any other person for, or on account of,
any stoppages or delay in the work herein provided for by injunction or other legal or equitable proceedings or on account
of any delay for any cause over which the City has no control.
1.18 COLLUSION - Proposer, by submitting a response, certifies that its response is made without previous
understanding, agreement or connection either with any person, firm or corporation submitting a response for the same
items/services or with the City of Miami's Procurement Department or initiating department. The Proposer certifies that
its response is fair, without control, collusion, fraud or other illegal action. Proposer certifies that it is in compliance with
the Conflict of Interest and Code of Ethics Laws. The City will investigate all potential situations where collusion may
have occurred, and the City reserves the right to reject any and all responses where collusion may have occurred.
1.19 COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS - Contractor understands that contracts
between private entities and local governments are subject to certain laws and regulations, including laws pertaining to
public records, conflict of interest, records keeping, competitive solicitations etc., et. al., as applicable. City and Contractor
agree to comply with and observe all applicable laws, codes and ordinances as that may in any way affect the goods or
equipment offered, including but not limited to:
A. Executive Order 11246, which prohibits discrimination against any employee, applicant, or client because of race,
creed, color, national origin, sex, or age with regard to, but not limited to, the following: employment practices, rate of
pay or other compensation methods, and training selection.
B. Occupational, Safety and Health Act (OSHA), as applicable to this Formal Solicitation.
C. The State of Florida Statutes, Section 287.133(3)(A) on Public Entity Crimes.
D. Environment Protection Agency (EPA), as applicable to this Formal Solicitation.
E. Uniform Commercial Code (Florida Statutes, Chapter 672).
F. Americans with Disabilities Act of 1990, as amended.
G. National Institute of Occupational Safety Hazards (NIOSH), as applicable to this Formal Solicitation.
H. National Forest Products Association (NFPA), as applicable to this Formal Solicitation.
I. City Procurement Ordinance City Code Section 18, Article III.
J. Conflict of Interest, City Code Section 2-611;61.
K. Cone of Silence, City Code Section 18-74.
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L. The Florida Statutes Sections 218.73 and 218.74 on Prompt Payment.
M. City Financial Policies, City Code Chapter 18, Article IX.
N. City of Miami Charter Sections 3(f) (iii) and 29-B.
O. City of Miami Sale or Lease of Real Property, City Code Chapter 18, Article V.
P. City of Miami Living Wage Ordinance, Chapter 18, Article X, City Code.
Q. Alcoholic beverage, food and beverage laws, approvals and permits as required by state and local laws.
R. Miami -Dade County Shoreline Review Ordinance Chapter 33D, Article III, Miami -Dade County Code.
Lack of knowledge or notice by the Proposer will in no way be a cause for relief from responsibility. Non-compliance
with all local, state, and federal directives, orders, regulations, and laws may be considered grounds for termination of
contract(s).
Copies of the City Ordinances may be obtained from the City Clerk's Office.
1.20 CONE OF SILENCE - Pursuant to Section 18-74 of the City of Miami Code, a "Cone of Silence" is imposed upon
each RFP, RFQ, or RFLI after advertisement and terminates at the time the City Manager issues a written recommendation
to the Miami City Commission. The Cone of Silence shall be applicable only to Contracts for the provision of goods and
services and public works or improvements for amounts greater than $200,000. The Cone of Silence prohibits any
communication regarding RFPs, RFQs, or RFLIs between potential vendors, service providers, Proposers, lobbyists or
consultants (among others) and the City's professional staff including, but not limited to, the City Manager and the City
Manager's staff; the Mayor, City Commissioners, or their respective staffs and any member of the respective
selection/evaluation committee.
The provision does not apply to, among other communications, oral communications with the City's 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 -proposal conferences, oral presentations before selection/evaluation committees, contract
negotiations during any duly noticed public meeting, or public presentations made to the Miami City Commission during
a duly noticed public meeting; or communications in writing or by email at any time with any City employee, official or
member of the City Commission unless specifically prohibited by the applicable RFP, RFQ, or RFLI documents; or
communications in connection with the collection of industry comments or the performance of market research regarding
a particular RFP, RFQ, or RFLI, by City Procurement staff.
Proposers must file a copy of any written communications with the Office of the City Clerk, which shall be made available
to any person upon request. The City shall respond in writing and file a copy with the Office of the City Clerk
(clerks(aniamigov.com), which shall be made available to any person upon request. Written communications may be in
the form of e-mail, with a copy to the Office of the City Clerk.
In addition to any other penalties provided by law, violation of the Cone of Silence by any Proposer shall render any
award voidable. A violation by a particular Proposer, Offeror, Respondent, lobbyist or consultant shall subject same to
potential penalties pursuant to the City Code. Any person having personal knowledge of a violation of these provisions
shall report such violation to the State Attorney and/or may file a complaint with the Miami -Dade County Ethics
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Commission. Proposers should reference Section 18-74 of the City of Miami Code for further clarification.
This language is only a summary of the key provisions of the Cone of Silence. Please review City of Miami Code Section
18-74 for a complete and thorough description of the Cone of Silence. You may contact the City Clerk at 305-250-5360,
to obtain a copy of same.
1.21 CONFIDENTIALITY - As a political subdivision and Florida municipality, the City of Miami is subject to the
Florida Sunshine Act and Public Records Law. If this Contract/Agreement contains a confidentiality provision, it shall
have no application when disclosure is required by Florida law or upon court order.
1.22 CONFLICT OF INTEREST - Proposers, by responding to this Formal Solicitation, certify that to the best of their
knowledge or belief, no elected/appointed official or employee of the City of Miami is financially interested, directly or
indirectly, in the purchase of goods/services specified in this Formal Solicitation. Any such interests on the part of the
Proposer or its employees must be disclosed in writing to the City. Further, you must disclose the name of any City
employee (or former employee of the City who left City service within the past two (2) years) who owns, directly or
indirectly, an interest of five percent (5%) or more of the total assets of capital stock in the Proposer's firm.
A. Proposer further agrees not to use or attempt to use any knowledge, property or resource which may be within their
trust, or perform their duties, to secure a special privilege, benefit, or exemption for itself, or others. Proposer may not
disclose or use information not available to members of the general public and gained by reason of their position, except
for information relating exclusively to governmental practices, for their personal gain or benefit or for the personal gain
or benefit of any other person or business entity.
B. Proposer who is a person (every officer, official and employee of the city, including every member of any board,
commission or agency of the city) as defined in Section 2-611 of the City Code, hereby acknowledges that it has not
contracted or transacted any business with the City or any person or agency acting for the City and has not appeared in
representation of any third party before any board, commission or agency of the City within the past two years. Proposer
further warrants that they are 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 Proposer to immediate termination of any Professional Services Agreement
with the City, 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 - Proposers warrant that there has been no violation of any intellectual
property, copyright or patent rights in manufacturing, producing, or selling the goods or equipment shipped or ordered
and/or services provided as a result of this formal solicitation, and Proposers agree to hold the City harmless from any
and all liability, loss, or expense occasioned by any such violation.
1.24 COST INCURRED BY PROPOSER - All expenses involved with the preparation and submission of Responses
to the City, or any work performed in connection therewith shall be borne by the Proposer(s).
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1.25 DEBARMENT AND SUSPENSIONS (Sec 18-107)
(a) Authority and requirement to debar and suspend. After reasonable notice to an actual or prospective Contractual Party,
and after reasonable opportunity for such party to be heard, the City Manager, after consultation with the Chief
Procurement Officer and the city attorney, shall have the authority to debar a Contractual Party, for the causes listed
below, from consideration for award of city Contracts. The debarment shall be for a period of not fewer than three years.
The City Manager shall also have the authority to suspend a Contractual Party from consideration for award of city
Contracts if there is probable cause for debarment, pending the debarment determination. The authority to debar and
suspend contractors shall be exercised in accordance with regulations which shall be issued by the Chief Procurement
Officer after approval by the City Manager, the city attorney, and the City Commission.
(b) Causes for debarment or suspension. Causes for debarment or suspension include the following:
(i) 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.
(ii) Conviction under state or federal statutes of embezzlement, theft, forgery, bribery, falsification or destruction
of records, receiving stolen property, or any other offense indicating a lack of business integrity or business
honesty.
(iii) Conviction under state or federal antitrust statutes arising out of the submission of Bids or Proposals.
(iv) 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 for debarment or
suspension.
(v) Debarment or suspension of the Contractual Party by any federal, state, local, or other governmental (public)
agency or entity.
(vi) False certification pursuant to paragraph (c) below.
(vii) Found in violation of a zoning ordinance for which the violation remains noncompliant.
(viii) Found in violation any city ordinance or regulation and for which a civil penalty or fine is due and owing
to the city.
(ix) 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)(v).
(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 parry's right to seek judicial relief.
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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: 1) submit a response fora contract to provide goods or services to a public
entity; 2) Submit a response on a contract with a public entity for the construction or repair of a public building or public
work; 3) Submit response on leases of real property to a public entity; 4) award or perform work as a contractor, supplier,
subcontractor, or consultant under contract with any public entity; and 5) 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 Proposer to accept the award, to furnish required documents, and/or to fulfill any
portion of this contract within the time stipulated.
Upon default by the successful Proposer to meet any terms of this agreement, the City will notify the Proposer of the
default and will provide the contractor three (3) days (weekends and holidays excluded) to remedy the default. Failure on
the contractor's part to correct the default within the required three (3) days shall result in the Contract being terminated
and upon the City notifying in writing the contractor of its intentions and the effective date of the termination. The
following shall constitute default:
A. Failure to perform the work or deliver the goods/services required under the Contract and/or within the time required
or failing to use the subcontractors, entities and personnel as identified and set forth, and to the degree specified in the
Contract.
B. Failure to begin the work under this Contract within the time specified.
C. Failure to perform the work with sufficient workers and equipment or with sufficient materials to ensure timely
completion.
D. Neglecting or refusing to remove materials or perform new work where prior work has been rejected as nonconforming
with the terms of the Contract.
E. Becoming insolvent, being declared bankrupt, or committing any act of bankruptcy or insolvency, or making an
assignment for the benefit of creditors, if the insolvency, bankruptcy, or assignment renders the successful Proposer
incapable of performing the work in accordance with and as required by the Contract.
F. Failure to comply with any of the terms of the Contract in any material respect.
All costs and charges incurred by the City as a result of a default or a default incurred beyond the time limits stated,
together with the cost of completing the work, shall be deducted from any monies due or which may become due on this
Contract.
1.28 DETERMINATION OF RESPONSIVENESS AND RESPONSIBILITY - Each proposal will be reviewed to
determine if it is responsive to the submission requirements outlined in the Formal Solicitation.
A. Responsive Proposal 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 Proposal non -responsive.
B. Determination of Responsibility. A Responsible Proposer shall mean a Proposer who has submitted a proposal 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.
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1. Proposals 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. Proposer must be able to demonstrate a
satisfactory record of performance and integrity, and have sufficient financial, material, equipment, facility,
personnel resources, and expertise to meet all contractual requirements.
2. The City may consider any information available regarding the financial, technical, and other qualifications
and abilities of a Proposer, including past performance (experience) with the City or any other governmental
entity, in making the award.
3. The City may require the Proposer(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 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 Proposer(s) during the term of the contract.
Such discounts shall remain in effect for a minimum of 180 days from approval by the City Commission. Any discounts
offered by a manufacturer to Proposer will be passed on to the City.
1.30 DISCREPANCIES, ERRORS, AND OMISSIONS - Any discrepancies, errors, or ambiguities in the Formal
Solicitation or addenda (if any) should be reported in writing to the City's Purchasing Department. Should it be found
necessary, a written addendum will be incorporated in the Formal Solicitation and will become part of the purchase
agreement (contract documents). The City will not be responsible for any oral instructions, clarifications, or other
communications.
A. Order of Precedence -Any inconsistency in this formal solicitation shall be resolved by giving precedence to the
following documents, the first of such list being the goveming documents.
1) PSA and/or Agreement and/or any Amendments to the PSA and/or Agreement
2) Specifications
3) Special Conditions
4) General Terms and Conditions
1.31 EMERGENCY / DISASTER PERFORMANCE - In the event of a hurricane or other emergency or disaster
situation, the successful vendor shall provide the City with the commodities/services defined within the scope of this
formal solicitation at the price contained within vendor's response. Further, successful vendor shall deliver/perform for
the city on a priority basis during such times of emergency.
1.32 ENTIRE BID CONTRACT OR AGREEMENT - The Bid Contract or Agreement consists of this City of Miami
Formal Solicitation and specifically this General Conditions Section, Contractor's Response and any written agreement
entered into by the City of Miami and Contractor in cases involving RFPs, RFQs, and RFLIs, and represents the entire
understanding and agreement between the parties with respect to the subject matter hereof and supersedes all other
negotiations, understanding and representations, if any, made by and between the parties. To the extent that the agreement
conflicts with, modifies, alters or changes any of the terms and conditions contained in the Formal Solicitation and/or
Response, the Formal Solicitation and then the Response shall control. This Contract may be modified only by a written
agreement signed by the City of Miami and Contractor.
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1.33 ESTIMATED QUANTITIES - Estimated quantities or estimated dollars are provided for your guidance only. No
guarantee is expressed or implied as to quantities that will be purchased during the contract period. The City is not
obligated to place an order for any given amount subsequent to the award of this contract. Said estimates may be used by
the City for purposes of determining the most advantageous Proposer meeting specifications. The City reserves the right
to acquire additional quantities at the prices bid/proposed or at lower prices in this Formal Solicitation.
1.34 EVALUATION OF RESPONSES
A. Rejection of Responses
The City may reject a Response for any of the following reasons:
1) Proposer fails to acknowledge receipt of addenda;
2) Proposer misstates or conceals any material fact in the Response;
3) Response does not conform to the requirements of the Formal Solicitation;
4) Response requires a conditional award that conflicts with the method of award;
5) Response does not include required samples, certificates, licenses as required; and
6) Response was not executed by the Proposer's authorized agent.
The foregoing is not an all-inclusive list of reasons for which a Response may be rejected. The City may reject and re -
advertise for all or any part of the Formal Solicitation whenever it is deemed in the best interest of the City.
B. Elimination from Consideration
1) A contract shall not be awarded to any person or firm which is in arrears to the City upon any debt or contract, or
which is in default on a bid, payment/ performance, bond they have submitted or as the surety bond or certificate
furnished has not performed despite demand they do so or otherwise upon any obligation to the City.
2) A contract may not be awarded to any person or firm which has failed to perform under the terms and conditions
of any previous contract with the City or deliver on time contracts of a similar nature.
3) A contract may not be awarded to any person or firm which has been debarred by the City in accordance with the
City's Debarment and Suspension Ordinance.
C. Determination of Responsibility
1) Responses will only be considered from entities who are regularly engaged in the business of providing the
goods/equipment/services required by the Formal Solicitation. Proposer must be able to demonstrate a satisfactory
record of performance and integrity; and, have sufficient financial, material, equipment, facility, personnel resources,
and expertise to meet all contractual requirements. The terms "equipment and organization" as used herein shall be
construed to mean a fully equipped and well -established entity in line with the best industry practices in the industry
as determined by the City.
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2) The City may consider any evidence available regarding the financial, technical and other qualifications and abilities
of a Proposer, including past performance (experience) with the City or any other governmental entity in making the
award.
3) The City may require the Proposer(s) to show proof that they have been designated as an authorized representative
of a manufacturer or supplier which is the actual source of supply, if required by the Formal Solicitation.
1.35 EXCEPTIONS TO GENERAL AND/OR SPECIAL CONDITIONS OR SPECIFICATIONS - Exceptions to
the specifications shall be listed on the Response and shall reference the section. Any exceptions to the General or Special
Conditions shall be cause for the bid (IFB) to be considered non -responsive. It also may be cause for a RFP, RFQ, or
RFLI to be considered non -responsive; and, if exceptions are taken to the terms and conditions of the resulting agreement
it may lead to terminating negotiations.
1.36 F.O.B. DESTINATION - Unless otherwise specified in the Formal Solicitation, all prices quoted/proposed by the
Proposer must be F.O.B. DESTINATION, inside delivery, with all delivery costs and charges included in the bid/proposal
price, unless otherwise specified in this Formal Solicitation. Failure to do so may be cause for rejection of bid/proposal.
1.37 FIRM PRICES - The Proposer warrants that prices, terms, and conditions quoted in its response will be firm
throughout the duration of the contract unless otherwise specified in the Formal Solicitation. Such prices will remain firm
for the period of performance or resulting purchase orders or contracts, which are to be performed or supplied over a
period of time.
1.38 FLORIDA MINIMUM WAGE 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
Proposer'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 Proposer'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, Proposer 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 Proposer'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 Proposer/Contractor must provide for any, and all information to make a wage and contractual price
increase(s) determination
B. 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
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the other exclusions provided by Section 18-557 of the City Code.
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
Section 18-557 of the City Code 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 this Contract shall be governed by the laws of the
State of Florida. The parties agree that any action, mediation or arbitration arising out of this Contract shall take place in
Miami -Dade County, Florida. In any action or proceeding each party shall bear their own respective attorney's fees.
1.40 HEADINGS AND TERMS - The headings to the various paragraphs of this Contract have been inserted for
convenient reference only and shall not in any manner be construed as modifying, amending or affecting in any way the
expressed terms and provisions hereof.
1.41 HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT (HIPPA) - Any person or entity
that performs or assists the City of Miami with a function or activity involving the use or disclosure of "individually
identifiable health information (IIHI) and/or Protected Health 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 Proposer
and reasonable assurances that IIHI/PHI will be held confidential;
E. Making Protected Health Information (PHI) available to the customer;
F. Making PHI available to the customer for review and amendment; and incorporating any amendments requested by the
customer;
G. Making PHI available to the City of Miami for an accounting of disclosures; and
H. Making intemal practices, books and records related to PHI available to the City of Miami for compliance audits.
PHI shall maintain its protected status regardless of the form and method of transmission (paper records, and/or electronic
transfer of data). The Proposer 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 - Contractor shall indemnify, hold/save harmless and defend at its own costs and expense
the City, its officials, officers, agents, directors, and employees, from liabilities, damages, losses, and costs, including,
but not limited to reasonable attorney's fees, to the extent caused by the negligence, recklessness or intentional wrongful
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misconduct of Contractor and persons employed or utilized by Contractor in the performance of this Contract and will
indemnify, hold harmless and defend the City, its officials, officers, agents, directors and employees against, any civil
actions, statutory or similar claims, injuries or damages arising or resulting from the permitted work, even if it is alleged
that the City, its officials and/or employees were negligent. These indemnifications shall survive the term of this Contract.
In the event that any action or proceeding is brought against City by reason of any such claim or demand, Contractor
shall, upon written notice from City, resist and defend such action or proceeding by counsel satisfactory to City. The
Contractor expressly understands and agrees that any insurance protection required by this Contract or otherwise provided
by Contractor shall in no way limit the responsibility to indemnify, keep and save harmless and defend the City or its
officers, employees, agents and instrumentalities as herein provided.
The indemnification provided above shall obligate Contractor to defend at its own expense to and through appellate,
supplemental or bankruptcy proceeding, or to provide for such defense, at City's option, any and all claims of liability and
all suits and actions of every name and description which may be brought against City whether performed by Contractor,
or persons employed or utilized by Contractor.
This indemnity will survive the cancellation or expiration of the Contract. This indemnity will be interpreted under the
laws of the State of Florida, including without limitation and which conforms to the limitations of §725.06 and/or §725.08,
Fla. Statues, as amended from time to time as applicable.
Contractor shall require all Sub -Contractor agreements to include a provision that they will indemnify the City.
The Contractor agrees and recognizes that the City shall not be held liable or responsible for any claims which may result
from any actions or omissions of the Contractor in which the City participated either through review or concurrence of
the Contractor's actions. In reviewing, approving or rejecting any submissions by the Contractor or other acts of the
Contractor, the City in no way assumes or shares any responsibility or liability of the Contractor or Sub -Contractor, under
this Agreement.
1.43 FORMATION AND DESCRIPTIVE LITERATURE - Proposer must furnish all information requested in the
spaces provided in the Formal Solicitation. Further, as may be specified elsewhere, each Proposer must submit for
evaluation, cuts, sketches, descriptive literature, technical specifications, and Material Safety Data Sheets (MSDS)as
required, covering the products offered. Reference to literature submitted with a previous response or on file with the
Buyer will not satisfy this provision.
1.44 INSPECTIONS - The City may, at reasonable times during the term hereof, inspect Contractor's facilities and
perform such tests, as the City deems reasonably necessary, to determine whether the goods and/or services required to
be provided by the Contractor under this Contract conform to the terms and conditions of the Formal Solicitation.
Contractor shall make available to the City all reasonable facilities and assistance to facilitate the performance of tests or
inspections by City representatives. All tests and inspections shall be subject to, and made in accordance with, the
provisions of the City of Miami Ordinance No. 12271 (Section 18-79), as same may be amended or supplemented from
time to time.
1.45 INSPECTION OF RESPONSE - Responses received by the City pursuant to a Formal Solicitation will not be
made available until such time as the City provides notice of a decision or intended decision or within 30 days after bid
closing, whichever is earlier. Bid/Proposal results will be tabulated and may be furnished upon request via fax or e-mail
to the Sr. Procurement Specialist issuing the Solicitation. Tabulations also are available on the City's Web Site following
recommendation for award.
1.46 INSURANCE - Within ten (10) days after receipt of Notice of Award, the successful Contractor, shall furnish
Evidence of Insurance to the Purchasing Department, if applicable. Submitted evidence of coverage shall demonstrate
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strict compliance to all requirements listed on the Special Conditions entitled "Insurance Requirements". The City shall
be listed as an "Additional Insured."
Issuance of a Purchase Order is contingent upon the receipt of proper insurance documents. If the insurance certificate is
received within the specified time frame but not in the manner prescribed in this Solicitation the Contractor shall be
verbally notified of such deficiency and shall have an additional five (5) calendar days to submit a corrected certificate to
the City. If the Contractor fails to submit the required insurance documents in the manner prescribed in this Solicitation
within fifteen (15) calendar days after receipt Notice of Award, the contractor shall be in default of the contractual terms
and conditions and shall not be awarded the contract. Under such circumstances, the Proposer may be prohibited from
submitting future responses to the City. Information regarding any insurance requirements shall be directed to the Risk
Administrator, Department of Risk Management, at 444 SW 2nd Avenue, 9th Floor, Miami, Florida 33130, 305-416-
1604.
The Proposer shall be responsible for assuring that the insurance certificates required in conjunction with this Section
remain in effect for the duration of the contractual period; including any and all option terms that may be granted to the
Proposer.
1.47 INVOICES - Invoices shall contain purchase order number and details of goods and/or services delivered (i.e.
quantity, unit price, extended price, etc.); and in compliance with Chapter 218 of the Florida Statutes (Prompt Payment
Act).
1.48 LOCAL PREFERENCE
A. City Code Section 18-85, states, "when a responsive, responsible non -local bidder submits the lowest bid price, and
the bid submitted by one or more responsive, responsible local bidders who maintain a local office, as defined in Section
18-73, is within fifteen percent (15%) of the price submitted by the non -local bidder, then that non -local bidder and each
of the aforementioned responsive, responsible local bidders shall have the opportunity to submit a best and final bid equal
to or lower than the amount of the low bid previously submitted by the non -local bidder. Contract award shall be made to
the lowest responsive, responsible bidder submitting the lowest best and final bid. In the case of a tie in the best and final
bid between a local bidder and a non -local bidder, contract award shall be made to the local bidder."
B. City Code Section 18-86, states, "the RFP, RFLI or RFQ, as applicable, may, in the exercise of the reasonable
professional discretion of the City Manager, director of the using agency, and the Chief Procurement Officer, include a
five (5%) percent evaluation criterion in favor of proposers who maintain a local office, as defined in Section 18-73. In
such cases, this five (5%) percent evaluation criterion in favor of proposers who maintain a local office will be specifically
defined in the RFP, RFLI or RFQ, as applicable; otherwise, it will not apply.
1.49 MANUFACTURER'S CERTIFICATION - The City reserves the right to request from Proposers a separate
Manufacturer's Certification of all statements made in the bid/proposal. Failure to provide such certification may result
in the rejection of bid/proposal or termination of contract/agreement, for which the Proposer must bear full liability.
1.50 MODIFICATIONS OR CHANGES IN PURCHASE ORDERS AND CONTRACTS - No contract or
understanding to modify this Formal Solicitation and resultant purchase orders or contracts, if applicable, shall be binding
upon the City unless made in writing by the Director of Procurement of the City of Miami, Florida through the issuance
of a change order, addendum, amendment, or supplement to the contract, purchase order or award sheet as appropriate.
1.51 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 Proposer grants
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now or in the future to a similarly situated local government.
1.52 NO PARTNERSHIP OR JOINT VENTURE - Nothing contained in this Contract will be deemed or construed to
create a partnership or joint venture between the City of Miami and Contractor, or to create any other similar relationship
between the parties.
1.53 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 Proposer's expense. These non-
conforming items not delivered as per delivery date in the response and/or Purchase Order may result in Proposer being
found in default in which event any and all re -procurement costs may be charged against the defaulted contractor. Any
violation of these stipulations may also result in the supplier's name being removed from the City of Miami's Supplier's
list.
1.54 NONDISCRIMINATION, EQUAL EMPLOYMENT OPPORTUNITY, AND AMERICANS WITH
DISABILITIES ACT - Successful Proposer 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 Proposer 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 Proposer shall take affirmative
steps to ensure nondiscrimination in employment against disabled persons.
Successful Proposer 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
Proposer 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 Proposer 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 its best interest, the
City of Miami reserves the right to advertise for, receive, and award additional contracts for these herein goods and/or
services, and to make use of other competitively bid (governmental) contracts, agreements, or other similar sources for
the purchase of these goods and/or services as may be available.
It is hereby agreed and understood that this formal solicitation does not constitute the exclusive rights of the successful
Proposer(s) to receive all orders that may be generated by the City in conjunction with this Formal Solicitation.
In addition, any and all commodities, equipment, and services required by the City in conjunction with construction
projects are solicited under a distinctly different solicitation process and shall not be purchased under the terms, conditions
and awards rendered under this solicitation, unless such purchases are determined to be in the best interest of the City.
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1.56 NOTICE REGARDING "CURES" - Proposals 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.
PROPOSALS SUBMITTED WITH IRREGULARITIES, DEFICIENCIES, AND/OR TECHNICALITIES THAT
DEVIATE FROM THE MINIMUM QUALIFICATIONS AND SUBMISSION REQUIREMENTS OF THIS RFP/Q
SHALL RESULT IN A NON -RESPONSIVE DETERMINATION. The City will not give consideration to the curing of
any Proposals that fail to meet the minimum qualifications and submission requirements of this RFP/Q. Proposer
understands that non -responsive Proposals will not be evaluated and, therefore, will be eliminated from the
Evaluation/Selection Process.
1.57 OCCUPATIONAL LICENSE - Any person, firm, corporation or joint venture, with a business location in the City
of Miami and is submitting a Response under this Formal Solicitation shall meet the City's Occupational License Tax
requirements in accordance with Chapter 31.1, Article I of the City of Miami Charter. Others with a location outside the
City of Miami shall meet their local Occupational License Tax requirements. A copy of the license must be submitted
with the response; however, the City may at its sole option and in its best interest allow the Proposer to supply the license
to the City during the evaluation period, but prior to award.
1.58 ONE PROPOSAL - Only one (1) Response from an individual, firm, partnership, corporation or joint venture will
be considered in response to this Formal Solicitation.
1.59 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 Proposer pursuant to this formal solicitation
shall at all times remain the property of the City and shall not be used by the Proposer for any other purposes whatsoever
without the written consent of the City.
1.60 PARTIAL INVALIDITY - If any provision of this Contract or the application thereof to any person or circumstance
shall to any extent be held invalid, then the remainder of this Contract or the application of such provision to persons or
circumstances other than those as to which it is held invalid shall not be affected thereby, and each provision of this
Contract shall be valid and enforced to the fullest extent permitted by law.
1.61 PERFORMANCE/PAYMENT BOND - A Contractor may be required to furnish a Performance/Payment Bond
as part of the requirements of this Contract, in an amount equal to one hundred percent (100%) of the contract price.
1.62 PREPARATION OF RESPONSES - Proposers are expected to examine the specifications, required delivery,
drawings, and all special and general conditions. All bid/proposed amounts, if required, shall be either typewritten or
entered into the space provided with ink. Failure to do so will be at the Proposer's risk.
A. Each Proposer shall furnish the information required in the Formal Solicitation. The Proposer shall sign the Response
and print in ink or type the name of the Proposer, address, and telephone number on the face page and on each continuation
sheet thereof on which he/she makes an entry, where required.
B. If so required, the unit price for each unit offered shall be shown, and such price shall include packaging, handling and
shipping, and F.O.B. Miami delivery inside City premises unless otherwise specified. Proposer shall include in the
response all taxes, insurance, social security, workmen's compensation, and any other benefits normally paid by the
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Proposer to its employees. If applicable, a unit price shall be entered in the "Unit Price" column for each item. Based upon
estimated quantity, an extended price shall be entered in the "Extended Price" column for each item offered. In case of a
discrepancy between the unit price and extended price, the unit price will be presumed correct.
C. The Proposer must state a definite time, if required, in calendar days for delivery of goods and/or services.
D. The Proposer should retain a copy of all response documents for future reference.
E. All responses, as described, must be fully completed and typed or printed in ink and must be signed in ink with the
firm's name and by an officer or employee having authority to bind the company or firm by his/her signature.
Bids/Proposals having any erasures or corrections must be initialed in ink by person signing the response or the response
may be rejected.
F. Responses are to remain valid for at least 180 days. Upon award of a contract, the content of the Successful Proposer's
response may be included as part of the contract, at the City's discretion.
G. The City of Miami's Response Forms shall be used at all times. Use of any other forms will result in the rejection of
the response. ANY REQUIRED ATTACHMENTS PROVIDED BY THE CITY MUST BE RETURNED TO THE CITY
OR YOUR RESPONSE SHALL BE DEEMED NON -RESPONSIVE.
1.63 PRICE ADJUSTMENTS - Any price decrease effectuated during the contract period either by reason of market
change or on the part of the contractor to other customers shall be passed on to the City of Miami.
1.64 PRODUCT SUBSTITUTES - In the event a particular good (that has been awarded and approved) becomes
unavailable during the term of the Contract, the Contractor awarded that item may arrange with the City's authorized
representative(s) to supply a substitute product at the awarded price or lower, provided that a sample is approved in
advance of delivery and that the new product meets or exceeds all quality requirements.
1.65 CONFLICT OF INTEREST, AND UNETHICAL BUSINESS PRACTICE PROHIBITIONS - Contractor
represents and warrants to the City that it has not employed or retained any person or company employed by the City to
solicit or secure this Contract and that it has not offered to pay, paid, or agreed to pay any person any fee, commission,
percentage, brokerage fee, or gift of any kind contingent upon or in connection with, the award of this Contract.
1.66 PROMPT PAYMENT - Proposers may offer a cash discount for prompt payment; however, discounts shall not be
considered in determining the lowest net cost for response evaluation purposes.
Proposers are required to provide their prompt payment terms in the space provided on the Formal Solicitation. If no
prompt payment discount is being offered, the Proposer must enter zero (0) for the percentage discount to indicate no
discount. If the Proposer fails to enter a percentage, it is understood and agreed that the terms shall be 2% 20 days,
effective after receipt of invoice or final acceptance by the City, whichever is later.
When the City is entitled to a cash discount, the period of computation will commence on the date of delivery, or receipt
of a correctly completed invoice, whichever is later. If an adjustment in payment is necessary due to damage, the cash
discount period shall commence on the date final approval for payment is authorized. If a discount is part of the contract,
but the invoice does not reflect the existence of a cash discount, the City is entitled to a cash discount with the period
commencing on the date it is determined by the City that a cash discount applies.
Price discounts off the original prices quoted on the Price Sheet will be accepted from successful Proposers during the
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term of the contract.
1.67 PROPERTY - Property owned by the City of Miami is the responsibility of the City of Miami. Such property
furnished to a Contractor for repair, modification, study, etc., shall remain the property of the City of Miami Damages to
such property occurring while in the possession of the Contractor shall be the responsibility of the Contractor Damages
occurring to such property while in route to the City of Miami shall be the responsibility of the Contractor. In the event
that such property is destroyed or declared a total loss, the Contractor shall be responsible for replacement value of the
property at the current market value, less depreciation of the property, if any.
1.68 PROVISIONS BINDING - Except as otherwise expressly provided in the resulting Contract, all covenants,
conditions and provisions of the resulting Contract shall be binding upon and shall inure to the benefit of the parties hereto
and their respective heirs, legal representatives, successors and assigns.
1.69 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, CATEGORY
TWO for a period of 36 months from the date of being placed on the convicted vendor list.
1.70 PUBLIC RECORDS - Proposer 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 Proposer shall additionally comply with the provisions of Section 119.0701,
Florida Statutes, titled "Contracts; public records".
Proposer 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.
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.
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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.
1.71 QUALITY OF GOODS, MATERIALS, SUPPLIES, PRODUCTS, AND EQUIPMENT - All materials used in
the manufacturing or construction of supplies, materials, or equipment covered by this solicitation shall be new. The items
bid/proposed must be of the latest make or model, of the best quality, and of the highest grade of workmanship, unless as
otherwise specified in this Solicitation.
1.72 QUALITY OF WORK/SERVICES - The work/services performed must be of the highest quality and
workmanship. Materials furnished to complete the service shall be new and of the highest quality except as otherwise
specified in this Solicitation.
1.73 REMEDIES PRIOR TO AWARD (Sec. 18-106) - If prior to Contract award it is determined that a formal
solicitation or proposed award is in violation of law, then the solicitation or proposed award shall be cancelled by the City
Commission, the City Manager or the Chief Procurement Officer, as may be applicable, or revised to comply with the
law.
1.74 RESOLUTION OF CONTRACT DISPUTES (Sec. 18-105)
A. Authority to resolve Contract disputes. The City Manager, after obtaining the approval of the City Attorney, shall have
the authority to resolve disputes between the Proposer 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 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):
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.
Protest of solicitation.
a. Any prospective proposer who perceives itself aggrieved in connection with the solicitation of a contract may protest
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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.
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.
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.
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
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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 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) Hearing procedure. 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
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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.
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.
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.
Costs.
All costs accruing from a protest shall be assumed by the protestor.
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 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
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City. If not destroyed by testing, Proposer(s) will be notified to remove samples, at their expense, within 30 days after
notification. Failure to remove the samples will result in the samples becoming the property of the City.
1.77 SELLING, 1RANSFERRING OR ASSIGNING RESPONSIBILITIES - Proposer shall not sell, assign, transfer
or subcontract at any time during the term of the Contract, or any part of its operations, or assign any portion of the
performance required by this contract, except under and by virtue of written permission granted by the City through the
proper officials, which may be withheld or conditioned, in the City's sole discretion.
1.78 SERVICE AND WARRANTY - When specified, the Proposer shall define all warranty, service and replacements
that will be provided. Proposer must explain on the Response to what extent warranty and service facilities are available.
A copy of the manufacturer's warranty, if applicable, should be submitted with your response.
1.79 SILENCE OF SPECIFICATIONS - The apparent silence of these specifications and any supplemental
specification as to any detail or the omission from it of detailed description concerning any point shall be regarded as
meaning that only the best commercial practices are to prevail and that only materials of first quality and correct type,
size and design are to be used. All workmanship and services are to be first quality. All interpretations of these
specifications shall be made upon the basis of this statement.
If your firm has a current contract with the State of Florida, Department of General Services, to supply the items on this
solicitation, the Proposer shall quote not more than the contract price; failure to comply with this request will result in
disqualification of proposal.
1.80 SUBMISSION AND RECEIPT OF RESPONSES - Electronic Proposal submittals to this RFQ 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 Proposal on/or before the stated closing time and date is solely and strictly the responsibility
of the Proposer. The City will in no way be responsible for delays caused by technical difficulties or caused by any other
occurrence. Electronic Proposal 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 Proposals received and time stamped through BidSync, prior to the Proposal
submittal deadline shall be accepted as a timely submittal; anything thereafter will be rejected. Additionally, BidSync will
not allow for the electronic Proposal submittal after the closing date and time has lapsed. Proposals will be opened
promptly at the time and date specified.
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 Proposals 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
Proposer's Proposal submittal.
4. Shall ensure that the Certification Statement is fully completed and provided with your Proposal. Failure to
comply with these requirements may cause the Proposal to be rejected.
5. Must ensure that an authorized agent of the Proposer's firm signs the Certification Statement and submits it
electronically. FAILURE TO SIGN THE CERTIFICATION STATEMENT SHALL DEEM THE
PROPOSAL NON -RESPONSIVE.
6. May be considered non -responsive if Proposals do not conform to the terms and conditions of this solicitation.
1.81 TAXES - The City of Miami is exempt from any taxes imposed by the State and/or Federal Government. Exemption
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certificates will be provided upon request. Notwithstanding, Proposers should be aware of the fact that all materials and
supplies which are purchased by the Proposer for the completion of the contract is subject to the Florida State Sales Tax
in accordance with Section 212.08, Florida Statutes, as amended and all amendments thereto and shall be paid solely by
the Proposer.
1.82 TERMINATION -The City Manager on behalf of the City of Miami reserves the right to terminate this contract by
written notice to the contractor effective the date specified in the notice should any of the following apply:
A. The contractor is determined by the City to be in breach of any of the terms and conditions of the contract.
B. The City has determined that such termination will be in the best interest of the City to terminate the contract for its
own convenience;
C. Funds are not available to cover the cost of the goods and/or services. The City's obligation is contingent upon the
availability of appropriate funds.
1.83 TERMS OF PAYMENT - Payment will be made by the City after the goods and/or services awarded to a Proposer
have been received, inspected, and found to comply with award specifications, free of damage or defect, and properly
invoiced. No advance payments of any kind will be made by the City of Miami.
Payment shall be made after delivery, within 45 days of receipt of an invoice and authorized inspection and acceptance
of the goods/services and pursuant to Section 218.74, Florida Statutes and other applicable law.
1.84 TIMELY DELIVERY - Time will be of the essence for any orders placed as a result of this solicitation. The City
reserves the right to cancel such orders, or any part thereof, without obligation, if delivery is not made within the time(s)
specified on their Response. Deliveries are to be made during regular City business hours unless otherwise specified in
the Special Conditions.
1.85 TITLE - Title to the goods or equipment shall not pass to the City until after the City has accepted the
goods/equipment or used the goods, whichever comes first.
1.86 TRADE SECRETS EXECUTION TO PUBLIC RECORDS DISCLOSURE - All Responses submitted to the
City are subject to public disclosure pursuant to Chapter 119, Florida Statutes. An exception may be made for "trade
secrets."
If the Response contains information that constitutes a "trade secret", all material that qualifies for exemption from
Chapter 119 must be submitted in a separate envelope, clearly identified as "TRADE SECRETS EXCEPTION," with
your firm's name and the Solicitation number and title marked on the outside.
Please be aware that the designation of an item as a trade secret by you may be challenged in court by any person.
By your designation of material in your Response as a "trade secret" you agree to indemnify and hold harmless the City
for any award to a plaintiff for damages, costs or attorney's fees and for costs and attorney's fees incurred by the City by
reason of any legal action challenging your claim.
1.87 UNAUTHORIZED WORK OR DELIVERY OF GOODS - Neither the qualified Proposer(s) nor any of his/her
employees shall perform any work or deliver any goods unless a change order or purchase order is issued and received
by the Contractor. The qualified Proposer(s) shall not be paid for any work performed or goods delivered outside the
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scope of the contract or any work performed by an employee 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 this Solicitation are to
be mentioned, or imply the name of the City, without prior express written permission of the City Manager or the City
Commission.
1.89 VARIATIONS OF SPECIFICATIONS - For purposes of solicitation evaluation, Proposers must indicate any
variances from the solicitation specifications and/or conditions, no matter how slight. If variations are not stated on their
Response, it will be assumed that the product fully complies with the City's specifications.
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2. SPECIAL CONDITIONS
2.1 PURPOSE
The purpose of this Solicitation is to establish a contract, for a pre -qualified pool of individuals to serve as Unsafe
Structures Panelists, as specified herein, from a source(s), fully compliant with the terms, conditions, and stipulations of
the Solicitation.
2.2 PRE -PROPOSAL CONFERENCE
A Voluntary Pre -Proposal conference will be held on Wednesday, May 1, 2024, at 10:00 AM at the Miami Riverside
Center, 444 Southwest 2nd Avenue, 6th Floor South Conference Room, Miami, FL 33130. A discussion of the
requirements of the Solicitation will occur at that time. Each potential Proposer 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 work/specifications of the RFQ will be
included in an addendum, that will be distributed through Periscope, following the Pre -Proposal Conference to all the
attendees. Because the City considers the Pre -Proposal Conference to be critical to understanding the Solicitation
requirements, attendance is highly recommended.
2.3 DEADLINE FOR RECEIPT OF REQUEST FOR ADDITIONAL INFORMATION/CLARIFICATION
Any questions or clarifications concerning this solicitation shall be submitted electronically via Periscope. All
questions must be received no later than Friday, May 3, 2024, at 5:00 PM. . All responses to questions will be sent
to all prospective bidders/proposers in the form of an addendum. NO QUESTIONS WILL BE RECEIVED
VERBALLY OR AFTER SAID DEADLINE.
2.4 TERM OF CONTRACT
The Proposer(s) qualified to provide the service(s) requested herein (the "Successful Proposer(s)") shall be required to
execute a contract ("Contract") with the City, which shall include, but not be limited to, the following terms:
(1) The term of the Contract(s) shall be for two (2) years with the option to renew for one (1) additional two (2)
year period.
(2) The City shall have the option to extend or terminate the Contract. Continuation of the contract beyond the initial
period is a City prerogative; not a right of the Proposer. This prerogative will be exercised only when such continuation
is clearly in the best interest of the City.
2.5 CONDITIONS FOR RENEWAL
Each renewal of this contract is subject to the following:
(1) Continued satisfactory performance compliance with the specifications, terms and conditions established herein.
(2) Availability of funds.
2.6 COMPENSATION
Payment for Panelists shall be $175.00 per hour for a minimum of four (4) hours ($700.00) and $175.00 per hour
thereafter, prorated in fifteen (15) minute intervals.
2.7 MINIMUM QUALIFICATION REQUIREMENTS
Proposers interested in responding to this Request for Qualifications must provide the information on their
qualifications and experience. Additionally, Proposer must:
(1) Maintain residency in Miami -Dade County for at least six (6) months prior to appointment and for the duration
of the appointment;
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(2) Currently and for the duration of the appointment, be certified or licensed in any of the following professions:
General Contractor, Architect, Engineer, Attorney, or have a minimum of a bachelor's degree and two (2) years
of community service or involvement;
(3) Not be either a current or former employee of the City having worked for the city within two (2) calendar years
of the date of appointment, notwithstanding any other provision in the City Code;
(4) Not have any current or future construction or construction related business with the City or any other City
related business that creates a conflict of interest. Any possible conflict shall be brought to the Panel attorney for
immediate review;
(5) Not have any current code violations on any property they own or where they are the cause of current code
violations due to their professional services;
(6) Not be an individual, member, principal, officer, or stockholder in arrears or in default of any debt or contract
involving the City, is a defaulter or surety upon any obligation to the City, and/or has failed to perform faithfully any
contract with the City;
(7) Not have any unpaid citations, unsatisfied liens, judgments, or other funds owed to the City of Miami or anywhere
else in Miami -Dade County;
(8) Provide a full financial history as part of the application process, including but not limited to sources of income
and debt, as well as proof of certifications, and educational background;
(9) Provide a full criminal history as part of the application process, including but not limited to consent to a
criminal background check;
(10) Have never filed for bankruptcy, be in sound financial condition, have no record of civil litigation or
pending lawsuits involving criminal activities of a moral turpitude, and shall not have conflicts of interest with
the City;
NOTE: Proposers with certification(s) in the building related trades or licensed attorneys in the State of Florida shall
be given preference for appointment to the Panel pool.
Refer to "Instructions for Submitting a Response: (Submission Requirements)." Submittals that do not respond
completely to all requirements may be considered non -responsive and eliminated from the process.
2.8 REFERENCES
Each proposal MUST be accompanied by a list of three (3) references for projects performed for government clients,
which shall include for each project:
1. The name of the organization;
2. Dates covering the term of the contract;
3. A description of the scope of work;
4. Client contact person and phone number, and;
5. Statement of whether Proposer was the prime contractor or subcontractor.
Each Proposer shall detail any and all references information on Attachment A, Reference Submittal Form. Failure to
submit Reference Submittal Form, as required, shall disqualify Proposer from consideration.
2.9 EXECUTION OF AN AGREEMENT
The Successful Proposer(s), evaluated and ranked in accordance with the requirements of this Solicitation, shall be
awarded an opportunity to negotiate a Professional Services Agreement ("PSA") with the City. The City reserves the
right to execute or not execute, as applicable a PSA with the Successful Proposer(s) in substantially the same form as the
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sample PSA included as part of this solicitation. Such PSA will be furnished by the City, will contain certain terms as are
in the City's best interest, and will be subject to approval as to legal by the City Attorney. The PSA may be updated
periodically to reflect new City requirements.
2.10. PRE -QUALIFIED POOL / WORK ASSIGNMENT PROJECT
Based on responses to this Request for Qualifications (RFQ), it is the intent of the City to create a pre -qualified pool of
Proposers. These Proposers shall be deemed to be pre -qualified to provide the services of an Unsafe Structures Panelist,
as required by the City on an as -needed basis.
The City will have the ability to select Proposers from the pre -qualified pool on a rotational basis. The City reserves the
right to develop an alternative, streamlined process for awarding assignments. Selection does not guarantee work for any
of the pre -qualified Proposers and does not provide for exclusive rights to provide these services to the City. This RFQ
does not in any way limit the City's right to solicit for proposals for similar services if, in the City's sole and absolute
discretion, the City determines that services requested in this RFQ are inadequate to satisfy its needs.
All work assignments during the Agreement period will be on an "as -needed" basis, complying with notification
requirements. At the City's discretion, Successful Proposers may be dropped from the pre -qualified pool for lack of
participation, which shall include prior performance, being in arrears in obligations to the City, or other reasons specified
by City policies. The Pool will have as many members as the City deems appropriate. No Pool member shall have any
rights against the City arising from any assignments.
Pre -qualified individuals shall not be restricted in any way from responding to other City solicitations and being
selected for other pools the City may establish as it may deem in its sole and best interest.
2.11. INSURANCE REQUIREMENTS
Insurance will not be required for this RFQ.
2.12. NON -APPROPRIATION OF FUNDS
In the event no funds or insufficient funds are appropriated and budgeted or are otherwise unavailable in any fiscal period
for payments due under this contract, then the City, upon written notice to the Successful Proposer(s) 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 Proposer(s).
2.13. UNAUTHORIZED WORK
The Successful Proposer(s) shall not begin work until a Purchase Order and a Notice to Proceed are received.
2.14. FAILURE TO PERFORM
Should it not be possible to reach the Successful Proposer and/or should remedial action not be taken within 48
hours of any failure to perform according to specifications, the City reserves the right to declare Successful
Proposer in default of the contract.
2.15. SUBCONTRACTORS OR SUBCONSULTANTS
No subcontractors or subconsultants shall be allowed.
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2.16. EVALUATION/SELECTION PROCESS AND CONTRACT AWARD
The procedure for response evaluation, selection and award is as follows:
(1) Solicitation issued;
(2) Receipt of responses;
(3) Opening and listing of all responses received;
(4) Procurement staff will review each submission for compliance with the submission requirements of the
solicitation, including verifying that each submission includes all documents required;
(5) An Evaluation Committee ("Committee"), appointed by the City Manager, comprised of appropriate City Staff
and members of the community, as deemed necessary, with the appropriate technical expertise and/or knowledge,
shall meet to evaluate each response in accordance with the requirements of this solicitation and based upon the
evaluation criteria as specified within Section 5, Evaluation Criteria;
(6) The Committee reserves the right, in its sole discretion, to request Proposers to make oral presentations before
the Committee as part of the evaluation process. The presentation may be scheduled at the convenience of the
Committee and shall be recorded. The recommendation of the Committee shall be submitted to the City Manager;
(7) The City Manager reserves the right to reject the Committee's recommendation, and instruct the Committee to
re-evaluate and make another recommendation, or reject all proposals. No Proposer(s) shall have any rights against the
City arising from such termination thereof;
(8) If the City Manager accepts the Committee's recommendation, the City Manager shall then submit his or her award
recommendation and contract(s) to the City Commission for approval. Written notice shall be provided to all Proposers.
(9) ***If the City Manager accepts the award recommendation, the City Manager's recommendation for award of
contract will be sent via email to all Proposers, which will initiate the protest period. Additionally, the award
recommendation will be posted in Periscope.
(10) ***After reviewing the City Manager's recommendation, the City Commission may:
1. Approve the City Manager's award recommendation and negotiated contract(s);
2. Reject all proposals;
3. Reject all proposals and instruct the City Manager to reissue a solicitation; or
4. Reject all proposals and instruct the City Manager to enter into competitive negotiations with at least three
(3) individuals or firms possessing the ability to perform such services and obtain information from said
individuals or firms relating to experience, qualifications and the proposed cost or fee for said services, and
make a recommendation to the City Commission.
The decision of the City Commission shall be final. Written notice of the award shall be given to the Successful Proposer.
***NOTE — For this solicitation, the City Commission, via Resolution No. 23-0437, authorized the City Manager
to negotiate and execute a Professional Services Agreement with each of the Proposers recommended for award.
2.17. METHOD OF PAYMENT
Payment will be made upon receipt and acceptance of invoices. No partial down payments will be made.
2.18. ADDITIONAL SERVICES
Services not specifically identified in this request may be added to any resultant contract upon successful negotiation
and mutual consent of the contracting parties.
2.19. LIMITED CONTRACT EXTENSION
Any specific service assignment which commences prior to the termination date of the Agreement, and which will
extend beyond the termination date shall, unless terminated by mutual written agreement by both parties, continue
until completion at the same rates, terms, and conditions, as set forth therein.
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2.20. TERMINATION
A. FOR DEFAULT
The City reserves the right to terminate this contract upon ten (10) days written notice of default, in part or in whole,
or place the Successful Proposer(s) on probation in the event that the Successful Proposer(s) fails to perform in
accordance with the terms and conditions contained herein. This may be done by the City without recourse or penalty
to the City. The City further reserves the right to suspend or debar the Successful Proposer(s) in accordance with the
appropriate City ordinances, resolutions and/or administrative/implementing orders. In the event of termination for
default, the City may procure the required goods and/or services from any source and use any method deemed in its
best interest. All re -procurement costs shall be borne by the Successful Proposer(s).
B. FOR CONVENIENCE
The City Manager may terminate this Contract, in whole or in part, upon 30 days prior written notice when it is in the
best interest of the City of Miami. If this Contract is for supplies, products, equipment, or software, and so terminated
for the convenience by the City of Miami the Successful Proposer will be compensated in accordance with an agreed
upon adjustment of cost. To the extent that this Contract is for services and so terminated, the City of Miami shall be
liable only for payment in accordance with the payment provisions of the Contract for those services rendered prior
to termination.
2.21. RECORDS
During the contract period, and for a least five (5) subsequent years thereafter, Successful Proposer(s) shall provide
City access to all files and records maintained on the City's behalf.
2.22. ADDITIONAL TERMS AND CONDITIONS
No additional terms and conditions included as part of Proposer's Solicitation response shall be evaluated or considered,
and any and all such additional terms and conditions shall have no force or effect and are inapplicable to this solicitation.
If submitted either purposely, through intent or design, or inadvertently, appearing separately in transmittal letters,
specifications, literature, price lists or warranties, it is understood and agreed that the General Conditions and Special
Conditions in this solicitation are the only conditions applicable to this solicitation and that the Proposer's authorized
signature affixed to the Proposer's acknowledgment form attests to this. If a Professional Services Agreement (PSA) or
other Agreement is provided by the City and is expressly included as part of this solicitation, no additional terms or
conditions which materially or substantially vary, modify, or alter the terms or conditions of the PSA or Agreement, in
the sole opinion and reasonable discretion of the City will be considered. Any and all such additional terms and
conditions shall have no force or effect and are inapplicable to this PSA or Agreement.
Request for Qualifications (RFQ) 1843388
3. Specifications/Scope of Work
3.1. SPECIFICATIONS/SCOPE OF WORK
The purpose of this RFQ is to establish a pool of pre -qualified Unsafe Structures Panelists ("Panelists") with applicable
expertise to provide Unsafe Structures Panel administrative hearing services to the City, as may be required. Pursuant
to the City of Miami Code, Section 10-101(1), the Unsafe Structure Panel ("Panel") is a group of three (3) panelists that
operates independently of the City of Miami, Florida ("City"). Panelists who are selected by application through the
procurement process and City Commission authorization shall preside over the Panel's administrative hearings.
As many Successful Proposers as deemed necessary by the City Manager shall be pre -qualified to participate as a
Panelists having the same enforcement capabilities as that of the Miami -Dade County Unsafe Structure Panel as
provided for by the Florida Building Code and the Miami -Dade County Code of Ordinances. All hearings will be related
to enforcement of the Building Code as enacted by the State Legislature through the Florida Building Code and the City
of Miami and Miami -Dade County Code of Ordinances through the respective Chapters.
Panelists must possess outstanding reputation for civic pride, interest, integrity, responsibility, and business or
professional ability. Qualified candidates will be able to conduct hearings to find facts and adjudicate contested code
violations of the Florida Building Code, Chapter 8 of the Miami -Dade County Code, Chapter 10 of the City Code and
any other building related statute or code. Candidates will be appointed to renewable two-year terms by the City
Commission at the recommendation of the Hearing Officer Review Board. Compensation will be at $175.00 per hour
served (4 Hour Minimum).
The Panel shall hear all cases set on the date of the hearing for which a summons or notice of hearing was sent unless
exigent circumstances occur. All hearings before the Panel shall be conducted to ensure fundamental due process. A
Panel quorum shall always have three (3) members, one of which is a qualified chair as provided for in the City Code.
Any finding of fact and conclusion shall require a majority vote.
The Panel shall have the power to:
1. Adopt rules for the conduct of hearings;
2. Subpoena witnesses and documents to appear at its hearings;
3. Subpoena evidence;
4. Administer oaths;
5. Take testimony under oath, and;
6. Issue orders having the force of law commanding all measures necessary to bring a violation into compliance.
3.2 PANELIST RESPONSIBILITIES
Panelists shall:
1. Be impartial to all parties;
2. Adhere to any other requirements or rules not limited to, but including, those in the City Code and minutes of
the Hearing Officer Review Board;
Request for Qualifications (RFQ) 1843388
3. Be willing to attend Panel hearings which are scheduled to occur every Friday starting at nine (9:00) AM.
4. Call hearings;
5. Conduct hearings;
6. Set future hearing dates;
7. Hold hearings as necessary;
8. Entertain special business or announcements forthcoming from the Office of the City Attorney ("City
Attorney") or the Panel's Attorney before or after the day's agenda is heard;
9. Sit as an impartial hearing officer to determine, based upon evidence presented during the hearing, if a violation
exists;
10. Review agendas as provided by the Unsafe Structures Clerk prior to each hearing and keep up to date with the
current City Code and Florida Building Code as well as any updates;
11. Hear the presentation, testimonial, and documentary evidence of the case from the City of Miami Building
Official or Designee, and any other witnesses from the City, and also hear the presentation of the case similarly
from the Property owner or interested party;
12. Upon completion of the hearing, issue findings of fact based upon the evidence presented and made part of the
record and conclusions of law, and shall issue an order affording the proper relief consistent with the powers
granted herein to uphold the violation issued by the City Building Official or dismiss and if upheld, provide
for time to repair the structure or to demolish said structure, as required by law;
13. Upon completion of the hearing, issue an order affording the proper relief consistent with the powers granted
herein to uphold the violation issued by the City Building Official or dismiss and if upheld, provide for time
to repair the structure or to demolish said structure, as required by law;
14. Issue the findings and order of relief consistent with the findings at the time of the conclusion of the hearing
should the hearing be required to be set for more than one (1) meeting;
15. Hear requests for extensions of time for property owners who are in compliance with the Panel orders
but need more time to continue compliance, and;
16. Hear breach of Panel order matters set either by property owners who breached a Panel order or set by the City
to dispose of cases where property owners have breached and not come forward in any attempt to comply.
Request for Qualifications (RFQ) 1843388
4. Submission Requirements
4.1. SUBMISSION REQUIREMENTS
Proposers shall carefully follow the format and instruction outlined below, observing format requirements where
indicated. Proposals should contain the information itemized below and in the order indicated. Proposals submitted
which do not include the following items may be deemed non -responsive and may not be considered for contract award.
Proposals must be submitted through Periscope S2G Electronic Bidding System f/k/a BidSync
("Periscope") or to the Hardcopy Submission Location listed on the cover page of the RFQ, no later
than the date and time indicated within the RFQ, in order to be considered. Faxed documents are not
acceptable. Emailed submissions are not acceptable. Untimely or misdelivered submittals will not be
considered. NO EXCEPTIONS.
The responses to this solicitation shall be presented in the following format. Failure to do so may deem
your Proposal non -responsive.
• Include the signed, completed RFQ Certification Statement including the responses to the
questions therein.
• Include detailed evidence and/or affirmations that clearly demonstrates Proposer meets or
exceeds the minimum qualification requirements pursuant to Section 2.7, Proposer's
Minimum Qualifications.
• Complete Attachment A, Reference Submittal Form. Failure to do so will deem your
Proposal non -responsive. Attachment A is located in the Documents Section in Periscope.
• Complete Attachment B, Unsafe Structures Panelist Questionnaire. Failure to do so will
deem your Proposal non -responsive. Attachment B is located in the Documents Section in
Periscope.
1. COVER PAGE
The Cover Page should include the Proposer's full legal name; Primary Office Location; Local Business Address, if
applicable; Business Phone and Fax Numbers, if applicable; Email address; Title of RFQ; RFQ Number.
2. TABLE OF CONTENTS
The table of contents should outline, in sequential order, the major sections of the Proposal as listed below, including
all other relevant documents requested for submission. All pages of the Proposal, including the enclosures, should be
clearly and consecutively numbered and correspond to the table of contents.
3. PROFILE
Proposers interested in responding to this Request for Qualifications must submit a resume that includes, but is not
limited to the following information:
1. A brief background statement including affirmation of familiarity and knowledge of the Florida Building Code
and the local amendments;
2. The types of services offered;
3. The number of years in active practice as a contractor, engineer, architect, attorney or other profession, and;
Request for Qualifications (RFQ) 1843388
4. A statement of how the Proposer's professional background qualifies proposer for membership on the Unsafe
Structure Panel.
4. PROPOSER'S INFORMATION
A. Proposer's Experience and Past Performance
1. Describe the Proposer's experience and past performance, in general, stating the number of years that
the Proposer has been in their profession and any specialty in their profession.
2. List all licenses whether current, expired, revoked, or suspended in any State. For current licenses,
please provide license number and proof of good standing. If expired, please submit reasons for the
expiration of the license. If revoked, at any time, please submit all documentation related to a
suspended or revoked license even if reinstated.
3. Describe Proposer's specific past performance and experience in relation to the services requested
herein, including how past experience relates to Proposer's knowledge and ability to enforce the
Florida Building Code and the local codes, as well as any past experience as a hearing officer or
magistrate.
4. Provide a list of a minimum of three (3) comparable contracts or professional experiences similar in
scope to the services requested herein, which the Proposer has either ongoing, or completed within
the last five (5) consecutive years. The list should identify:
• Client;
• Description;
• Client contact person and phone number, and;
• Contract duration.
Where possible, list and describe those projects performed for government clients.
5. Describe any other experiences related to the work or services described within Section 3,
Specifications / Scope of Work, and any other information which may be specific to the required
services to be provided.
6. Complete Attachment A, Reference Submittal Form. Failure to do so will deem your Proposal non-
responsive. Attachment A is located in the Documents Section in Periscope.
7. Complete Attachment B, Unsafe Structures Panelist Questionnaire. Failure to do so will deem your
Proposal non -responsive. Attachment B is located in the Documents Section in Periscope.
B. Technical Information
1. Describe Proposer's ability and willingness to provide a quick response (possibly the same day) to
requests to serve as a Panelist as specified within Section 3, Specifications / Scope of Work, of this
RFQ.
2. Provide any information concerning any prior or pending litigation, either civil or criminal, which may
Request for Qualifications (RFQ) 1843388
affect the performance of the services to be rendered herein, in which the Proposer has been involved
with in the last three (3) years.
3. Indicate whether the selection of Proposer would result in any current or future potential conflict of
interest. If so, your response must specify the party with which the conflict exists or might arise, the
nature of the conflict, and whether your firm, or any affiliates or parent, would step aside or resign
from the engagement or representation creating the conflict. Please also disclose any financial or
contractual relationship an employee(s), pariner(s), principal(s), officer(s) or owner(s) of the firm,
and/or the firm or any of its affiliates or parent, including joint ventures, has, or have had, over the
past five (5) years with any City of Miami elected or appointed official, or with a firm in which they
were employed. This information is subject to verification as part of the qualification process.
4. Provide documents that reflect a current financial history, inclusive of sources of income and debt.
5. Provide a list of any code violations issued to Proposer within the past three (3) years. Indicate the outcome
of the violation and if the violation was incurred in a personal or professional capacity.
NOTE: After submission of Proposer's Proposal, but prior to the award of any contract or work order issued as a
result of this RFQ, the Proposer has a continuing obligation to advise the City of any changes, intended or otherwise,
to the qualifications submission.
Request for Qualifications (RFQ) 1843388
5. Evaluation Criteria
5.1. EVALUATION CRITERIA
An Evaluation Committee comprised of three or more members will review each responsive proposal to determine
whether or not the proposal contains sufficient evidence that Proposer(s) meet the minimum qualifications as expressed
within Section 2.7 of the RFQ. A responsive proposal is one which follows the requirements of the RFQ, includes
required documentation, is of timely submission, and has the appropriate signatures as required. Failure to comply with
the requirements may result in a proposal being deemed non -responsive.
All Proposers who meet the minimum qualifications as expressed within Section 2.7, shall be deemed eligible for
consideration for contract award.
Olivera, Rosemary
From: Gandarilla, Aimee
Sent: Thursday, June 13, 2024 9:10 AM
To: Hannon, Todd
Cc: Olivera, Rosemary; Brown, Sadie; Mickens, Tania
Subject: PSA Darcee S. Siegel - Panelists for the Unsafe Structures Panel (matter 24-1317 )
Attachments: PSA Darcee S. Siegel (matter 24-1317 ).pdf
Good morning Todd,
Please find attached the fully executed copy of an agreement from DocuSign that is to be considered an
original agreement for your records.
Thank you,
Qunee C;.andarutta
Procurement Assistant
City of Miami Procurement Department
444 SW 2' Avenue, 6thfloor, Miami, FL 33130
P (305) 416-1906 F (305) 400-5073 E agandarilla@miami.gov
"Serving, Enhancing, and Transforming our Community"
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