The URL can be used to link to this page

Home My WebLink About25812AGREEMENT INFORMATION AGREEMENT NUMBER 25812 NAME/TYPE OF AGREEMENT CORPORATE SYNERGIES GROUP, LLC D/B/A FOUNDATION RISK PARNTERS PUBLIC ENTIRY SERVICES DESCRIPTION PROFESSIONAL SERVICES AGREEMENT/RFP NO. 1896386 LEASING, PROPERTY MANAGEMENT & CONSTRUCTION MANAGEMENT SERVICES/FILE ID: 18321/R-25-0265/MATTER ID: 25-3155K EFFECTIVE DATE November 3, 2025 ATTESTED BY TODD B. HANNON ATTESTED DATE 11/3/2025 DATE RECEIVED FROM ISSUING DEPT. 11/4/2025 NOTE DOCUSIGN AGREEMENT BY EMAIL CITY OF MIAMI DOCUMENT ROUTING FORM ORIGINATING DEPARTMENT: Department of Procurement DEPT. CONTACT PERSON: Aimee Gandarilla/Charles Johnson EXT. 1906/1924 NAME OF OTHER CONTRACTUAL PARTY/ENTITY: Corporate Synergies Group LLC d/b/a Foundation Risk Partners Public Entity Services IS THIS AGREEMENT TO BE EXPEDITED/RUSH: TOTAL CONTRACT AMOUNT: $ TYPE OF AGREEMENT: ❑ MANAGEMENT AGREEMENT ❑■ PROFESSIONAL SERVICES AGREEMENT ❑ GRANT AGREEMENT ❑ EXPERT CONSULTANT AGREEMENT ❑ LICENSE AGREEMENT OTHER: (PLEASE SPECIFY) ■ FUNDING INVOLVED? YES YES ❑ PUBLIC WORKS AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ INTER -LOCAL AGREEMENT ❑ LEASE AGREEMENT ❑ PURCHASE OR SALE AGREEMENT El SUPPLEMENTAL AGREEMENT NO NO PURPOSE OF ITEM (DETAILED SUMMARY): PSA for Employee Benefit Consulting Services with Corporate Synergies Group LLC d/b/a Foundation Risk Partners Public Entity Services RFP 1896386 COMMISSION APPROVAL DATE: 10/23/2025 FILE ID: 18321 ENACTMENT NO.: 25-0265 IF THIS DOES NOT REQUIRE COMMISSION APPROVAL, PLEASE EXPLAIN: ROUTING INFORMATION Date PLEASE PRINT AND SIGN APPROVAL BY DIRECTOR/CHIEF PROCUREMENT OFFICER October 28, 2025 Annie Perez, CPPO I 651:17 EDT . IGNATURE: �oo:,=." 7?w.., SUBMITTED TO RISK MANAGEMENT October 29, 2025 David Ruiz 1 06:40:47 EDT SIGNATURE: fravk 40.7 SUBMITTED TO CITY ATTORNEY Matter 25-3155K November 3, 2025 George K. Wysong III 113:56:26 EST ��ae. SIGNATURE: ry 4 wisowd III Cea�— azaud APPROVAL BY ASSISTANT CITY MANAGER/CHIEF FINANCIAL OFFICER November 3, 2025 Erica Paschal Darling, CPA I 15:06:05 EST�po = tleyi SIGNATURE: e,�u.9v -e APPROVAL BY ASSISTANT CITY MANAGER/CHIEF OF OPERATIONS Barbara Hernandez, MPA SIGNATURE: APPROVAL BY ASSISTANT CITY MANAGER/CHIEF OF INFRASTRUCTURE Asael Marrero SIGNATURE: APPROVAL BY DEPUTY CITY MANAGER November 3, 2025 1-15:54:08 EST ebrook-Williams SIGNATURE: r,_wa RECEIVED BY CITY MANAGER November 3, 2025 Arthur Noriega V I 16:17:16 EST SIGNATURE: &Nw.r NON. SUBMITTED TO THE CITY CLERK November 3, 2025 Todd Hannon 120:29:45 EST—7°°°°°° SIGNATURE: `.C-_, 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: Charles Johnson Contact Person Sr. Procurement Contracting Officer Title 10/28/2025 Date: Procurement Requesting Client (305) 416-1924 Telephone Legal Service Requested: Matter 25-3155K: PSA for Employee Benefit Consulting Services with Corporate Synergies Group LLC d/b/a Foundation Risk Partners Public Entity Services 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: nlssue 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: RFP 1896386 — Employee Benefit Consulting Services 1. AWARD DELEGATED AUTHORITY: ❑ Chief Procurement Officer — Authority level of $ ❑ City Manager — Authority level of $ x City Commission — RESOLUTION No. 25-0265 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? The provision of employee benefits consulting services 4. IF CITYWIDE, WHAT ARE THE MOST FREQUENT USER DEPARTMENTS? Risk Management 5. IS THE AWARDEE INCUMBENT? No 6. IS THE PRICING HIGHER, LOWER OR THE SAME AS THE CURRENT CONTRACT? Pricing is lower by $84,500 in the aggregate than the current contract 7. WHEN DOES THE CURRENT CONTRACT EXPIRE? November 26, 2025 8. WHAT WAS THE PREVIOUS SPEND ON THE CURRENT CONTRACT? Approx. $1,376,263 (Initial Term, Optional Renewals, 120-Day Extensions) 9. WHAT IS THE METHOD OF AWARD (Group, Item by Item etc.)? RFP — Highest Ranked Proposer City of Miami Vendor Responsibility Checklist Name of Firm: Corporate Synergies Group LLC d/b/a Foundation Risk Partners Public Entity Services Use the "Upload" button to attach PDF documentation for each section. To delete attachment(s), use the appropriate "Delete" button to the right and then use the "Clear" button for the corresponding attachment box to clear that field. CATEGORY City Vendor Registration Affirmation Select State of Florida Corporation (Sunbiz) YES D&B YES Pacer Select Bid/Proposal Bond N/A Upload Clear _ Upload Clear Upload Clear Upload Clear RESPONSE iSupplier Number: CSG Sunbiz.pdf foundation risk partners public entity services - Google Search.pdf Your DUNS Lookup - CSG.pdf Use the "Upload" button to attach PDF documentation for each section. To delete attachment(s), use the appropriate "Delete" button to the right and then use the "Clear" button for the corresponding attachment section to clear that field. PERFORMANCE/REFERENCE CHECKS ATTACHMENTS System of Award Managment (SAM) NO Convicted Vendor List NO Debarred Contractors NO Suspended Contractors N/A Suspended Vendors -State: NO Scrutinized Companies List: NO Google Search: YES Upload Clear Upload Clear Upload Clear Upload Clear mg Upload Clear Upload Clear Upload Clear Fpnvicted Vendor List _ Vendor Registra...pdf "charred Contractor List, May 2025.pdf Suspended Vendor List _ Vendor Registra...pdf 1025_09_30_web_u pd ate_pfia_p ro h i b ited_I i st. pd f CSG FRPPE Principals Google ai Search.pdf foundation risk partners public entity services - Google Search.pdf corporate synergies group Ilc - Google Search.pdf Updated: 9/30/2025 Johnson Charles Digitally signed by Johnson; Charles Date: 2025,10.03 09:44:09 -04'00' STATE BOARD OF ADMINISTRATION OF FLORIDA 1801 HERMITAGE BOULEVARD, SUITE 100 TALLAHASSEE, FLORIDA 32308 (850) 488-4406 POST OFFICE BOX 13300 32317-3300 Protecting Florida's Investments Act "Scrutinized Companies" Chapter 287.135, Florida Statutes RON DESANTIS GOVERNOR CHAIR BLAISE INGOGLIA CHIEF FINANCIAL OFFICER JAMES UTHMEIER ATTORNEY GENERAL CHRIS SPENCER EXECUTIVE DIRECTOR Chapter 287.135, Florida Statutes was created effective July 1, 2011, and prohibits a company on the Scrutinized Companies with Activities in Sudan List or on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List from bidding on, submitting a proposal for, or entering into or renewing a contract with an agency or local governmental entity for goods or services of $1 million or more. Pursuant to Chapter 215.473, Florida Statutes, the Florida State Board of Administration is charged with maintaining a complete list of scrutinized companies. Scrutinized companies are judged according to whether they meet the following criteria: Sudan: 1. Have a material business relationship with the government of Sudan or a government -created project involving oil related, mineral extraction, or power generation activities, or 2. Have a material business relationship involving the supply of military equipment, or 3. Impart minimal benefit to disadvantaged citizens that are typically located in the geographic periphery of Sudan, or 4. Have been complicit in the genocidal campaign in Darfur. Iran: 1. Have a material business relationship with the government of Iran or a government -created project involving oil related or mineral extraction activities, or 2. Have made material investments with the effect of significantly enhancing Iran`s petroleum sector. The SBA is not responsible for compliance with Chapter 287.135, Florida Statutes. The SBA's responsibilities are solely focused on the Protecting Florida's Investments Act and Chapter 215.473 as it relates to the identification of "Scrutinized Companies" that have prohibited business operations in Sudan or Iran. The table on the following pages provides the List of Prohibited Investments (Scrutinized Companies). This list is updated as part of the Protecting Florida's Investments Act (PFIA) and the Global Governance Mandates Quarterly Report, upon review and approval by the Trustees of the State Board of Administration. September 30, 2025 Page 2 Table 7: List of Prohibited Investments (Scrutinized Companies) (New companies are highlighted and in bold.) Prohibited Investments (Scrutinized Companies) Scrutinized Country Country of Incorporation Initial Appearance on Scrutinized List Full Divestment Aviation Industry Corporation of China (AVIC) Sudan China September 24, 2019 Yes AviChina Industry & Technology Sudan China June 4, 2019 Yes AVIC International Finance Ltd Sudan China September 24, 2019 Yes AVIC International Holdings Ltd (formerly listed as AVIC International) Sudan China June 4, 2019 Yes Bank of Kunlun Co Ltd Sudan & Iran China March 7, 2018 Yes Chennai Petroleum Corp Ltd Sudan India September 19, 2007 Yes China BlueChemical Ltd Iran China March 19, 2013 Yes China Energy Engineering Corporation Sudan China September 30, 2025 No China Gezhouba Group Company Ltd Sudan China September 30, 2025 No China National Petroleum Corporation (CNPC) Sudan & Iran China December 11, 2012 Yes China Oilfield Services Ltd Iran China June 16, 2011 Yes China Petrochemical Corporation (Sinopec Group) Sudan & Iran China December 3, 2019 Yes China Petroleum & Chemical Corp (CPCC) Sinopec Sudan & Iran China September 19, 2007 Yes China Petroleum Engineering Corp Sudan & Iran China March 7, 2018 Yes China Railway Group Limited Iran China September 24, 2024 Yes Cirrus Aircraft Ltd Sudan Cayman Islands September 24, 2024 Yes CNOOC Ltd Iran China June 16, 2011 Yes CNOOC Energy Technology & Services Ltd Iran China June 15, 2021 Yes CNOOC Finance Limited Iran China September 24, 2013 Yes CNOOC Finance (2003) Limited Iran China December 17, 2024 Yes CNOOC Finance (2011) Limited Iran China December 17, 2024 Yes CNOOC Finance (2012) Limited Iran China December 17, 2024 Yes CNOOC Finance (2013) Limited Iran China December 17, 2024 Yes CNOOC Finance (2014) ULC Iran China October 17, 2017 Yes CNOOC Finance (2015) Australia PTY Ltd Iran China December 17, 2024 Yes September 30, 2025 Page 3 Prohibited Investments (Scrutinized Companies) Scrutinized Country Country of Incorporation Initial Appearance on Scrutinized List Full Divestment CNOOC Finance (2015) USA LLC Iran China December 17, 2024 Yes CNPC Capital Company Limited Sudan & Iran China June 14, 2017 Yes CNPC Finance HK Ltd Sudan & Iran China March 26, 2024 Yes CNPC General Capital Ltd Sudan & Iran China June 26, 2012 Yes CNPC Global Capital Limited Sudan & Iran China December 15, 2020 Yes CNPC HK Overseas Capital Ltd Sudan & Iran China June 16, 2011 Yes COSL Finance (BVI) Limited Iran China September 24, 2013 Yes COSL Singapore Capital Ltd Iran Singapore December 4, 2018 Yes Daqing Huake Group Co Ltd Sudan China March 25, 2008 Yes Egypt Kuwait Holding Co. SAE Sudan Kuwait January 13, 2009 Yes Engineers India Limited Iran India September 24, 2024 Yes FACC AG Sudan Austria June 4, 2019 Yes Gazprom Iran Russia September 19, 2007 Yes Gazprom Neft Iran Russia September 16, 2008 Yes Gazprom Promgaz Iran Russia June 4, 2019 Yes GPN Capital SA Iran Luxembourg June 4, 2019 Yes Harbin Electric Co. Ltd. Sudan China September 19, 2007 Yes Hindustan Petroleum Corporation Ltd Sudan & Iran India June 13, 2018 Yes Indian Oil Corp Ltd (IOCL) Sudan & Iran India September 19, 2007 Yes IndOil Global BV Sudan & Iran India September 24, 2024 Yes Jiangxi Hongdu Aviation Sudan China September 19, 2007 Yes Kimanis Power Sdn Bhd Sudan Malaysia September 24, 2024 Yes KLCC Property Holdings Bhd Sudan Malaysia April 14, 2009 Yes Kunlun Energy Company Ltd. Sudan & Iran Hong Kong September 19, 2007 Yes Lanka IOC Ltd Sudan India September 19, 2007 Yes Managem SA Sudan Morocco November 9, 2010 Yes September 30, 2025 Page 4 Prohibited Investments (Scrutinized Companies) Scrutinized Country Country of Incorporation Initial Appearance on Scrutinized List Full Divestment Mangalore Refinery & Petrochemicals Ltd Sudan & Iran India September 19, 2007 Yes Malaysia Marine & Heavy Engineering Holdings Bhd Sudan Malaysia March 18, 2014 Yes MISC Bhd Sudan Malaysia September 19, 2007 Yes Moscow Integrated Power Co PJSC Iran Russia September 24, 2024 Yes Mosenergo Iran Russia September 16, 2008 Yes Norinco International Cooperation Ltd Iran China September 24, 2024 Yes Offshore Oil Engineering Co Iran China December 17, 2024 Yes OGK-2 PJSC Iran Russia September 24, 2024 Yes Oil India Ltd Sudan India September 18, 2012 Yes Oil & Natural Gas Corp (ONGC) Sudan & Iran India September 19, 2007 Yes ONGC Videsh Limited (OVL) Sudan & Iran India March 18, 2014 Yes Pengerang LNG Two Sdn Bhd Sudan Malaysia September 24, 2024 Yes Perseus Mining Ltd Sudan Australia August 23, 2022 Yes PetroChina Sudan & Iran China September 19, 2007 Yes Petroliam Nasional (Petronas) Sudan Malaysia September 19, 2007 Yes Petronas Capital Limited Sudan Malaysia September 19, 2007 Yes Petronas Chemicals Group Bhd Sudan Malaysia June 16, 2011 Yes Petronas Chemicals Derivatives Sdn Bhd Sudan Malaysia September 24, 2024 Yes Petronas Chemicals Glycols Sdn Bhd Sudan Malaysia September 24, 2024 Yes Petronas Chemicals Olefins Sdn Bhd Sudan Malaysia September 24, 2024 Yes Petronas Dagangan Bhd Sudan Malaysia September 19, 2007 Yes Petronas Gas Berhad Sudan Malaysia September 19, 2007 Yes Petronas Global Sukuk Sudan Malaysia August 2, 2016 Yes PowerChina Construction Group Ltd Iran China March 5, 2025 Yes PowerChina Hebei Engineering Corp Ltd Iran China March 5, 2025 Yes PowerChina Sepcol Electric Power Construction Iran China June 10, 2025 Yes September 30, 2025 Page 5 Prohibited Investments (Scrutinized Companies) Scrutinized Country Country of Incorporation Initial Appearance on Scrutinized List Full Divestment Power Construction Corporation of China Ltd Iran China September 24, 2024 Yes Putrajaya Management Sdn Bhd Sudan Malaysia March 18, 2014 Yes Sberbank Russia PJSC Iran Russia September 24, 2024 Prior to 9/23/2025, subject to U.S. freeze Sinopec Capital 2013 Ltd Sudan & Iran China September 24, 2013 Yes Sinopec Century Bright Capital Investment Ltd Sudan & Iran China December 3, 2019 Yes Sinopec Engineering Group Co Ltd Sudan & Iran China March 18, 2014 Yes Sinopec Group Overseas Development 2018 Ltd Sudan & Iran China December 15, 2020 Yes Sinopec Group Overseas Development 2017 Ltd Sudan & Iran China September 11, 2019 Yes Sinopec Group Overseas Development 2016 Ltd Sudan & Iran China August 2, 2016 Yes Sinopec Group Overseas Development 2015 Ltd Sudan & Iran China December 15, 2020 Yes Sinopec Group Overseas Development 2013 Ltd Sudan & Iran China March 18, 2014 Yes Sinopec Kantons Holdings Ltd Sudan & Iran Bermuda September 19, 2007 Yes Sinopec Oilfield Equipment Corporation Sudan & Iran China April 14, 2009 Yes Sinopec Oilfield Service Corp Sudan & Iran China March 25, 2008 Yes Sinopec Shanghai Petrochemical Sudan & Iran China September 19, 2007 Yes Societe Metallurgique D'imiter Sudan Morocco November 9, 2010 Yes Soar Wind Ltd Sudan China March 5, 2025 Yes Territorial Generating Company No 1 Iran Russia June 4, 2019 Yes # of Prohibited Investments 95 - - The following companies were removed from the PFIA Prohibited Investments List this quarter. Removed Company Country of Incorporation No companies removed this quarter. 10/3/25, 8:25 AM corporate synergies group Ilc - Google Search oPil.Isburgh air Al Mode All Images News Maps Short videos Videos More Tools Results for Delaware • Choose area Corporate Synergies https://www.corpsyn.com Employee Benefits Made Personal by Corporate Synergies Corporate Synergies is a national insurance and employee benefits brokerage & consultancy. About Us Meet Corporate Synergies ... A nationally trusted employee ... Contact Corporate Synergies is a national insurance and employee ... A Career in Benefits © 2025 Corporate Synergies Group, LLC. All Rights ... Benefits Administration Corporate Synergies is a national insurance and employee ... Key Benefits Experts Gary Cassidy and Corporate Synergies' internal creative ... More results from corpsyn.com » Places ocleveland CONNECTICUT R1 °New Haven PENPSILYLVA'NIA 740:1 AN. G rtiwrat + Sunorn 0Hard sbur€J https://www.google.com/search?q=corporate+synergies+group+Ilc&sca_esv=1001961491 ba09a8&ei=ZsDfaJLeKoTIkPIP5J3juAg&gs_ssp=eJzj4tVP1... 1/4 10/3/25, 8:25 AM olumbus corporate synergies group Ilc - Google Search Map data ©2025 Google Terms Corporate Synergies Insurance broker Camden, NJ • (877) 426-7779 Opens soon • 8:30AM Online appointments Corporate Synergies Association / Organization Mt Laurel Township, NJ • (877) 426-7779 Corporate Synergies Group Inc Health insurance agency New York, NY • (646) 708-8300 Open • Closes 8 PM More places Website Directions Website Directions People also ask Who owns corporate synergies? What are corporate synergies? How many employees does corporate synergies have? How much does a corporate synergies account specialist make? Feedback ® Linkedln • Corporate Synergies 7.1 K+ followers Corporate Synergies • Corporate Synergies is a national insurance and employee benefits brokerage & consultancy. We deliver strategies that control costs, relieve administrative ... Chamber of Commerce Southern New Jersey https://business.chambersnj.com > directory > Details Corporate Synergies Group, LLC https://www.google.com/search?q=corporate+synergies+group+Ilc&sca_esv=1001961491 ba09a8&ei=ZsDfaJLeKoTIkPIP5J3juAg&gs_ssp=eJzj4tVP1... 2/4 10/3/25, 8:25 AM corporate synergies group Ilc - Google Search Corporate Synergies is a national employee benefits brokerage and health & welfare consultancy, located in Camden and Mt. Laurel, NJ. Contact them at (856) 813 ... MapQuest https://www.mapquest.com > ... > New Jersey > Camden Corporate Synergies Group LLC, 2 Aquarium Dr, Ste 200 ... Corporate Synergies Group Inc. is a full -service benefits broker and consultant company. It focuses on cost management, benefits/human resource administration, ... t Dun & Bradstreet C�: https://www.dnb.com > business -directory > company-p... Corporate Synergies Group, LLC Company Profile Find company research, competitor information, contact details & financial data for Corporate Synergies Group, LLC of Camden, New Jersey. ® Zoominfo https://www.zoominfo.com > corporate -synergies Corporate Synergies - Overview, News & Similar companies Corporate Synergies contact info: Phone number: (877) 426-7779 Website: www.corpsyn.com What does Corporate Synergies do? Corporate Synergies Group, ... ®Crunchbase https://www.crunchbase.com > organization > corporate... Corporate Synergies - Crunchbase Company Profile & ... Corporate Synergies Group is a national, independent Employee Benefits and Property and Casualty insurance broker and consulting firm People also search for Corporate synergies group Ilc phone number Corporate Synergies Foundation Risk Partners Corporate Synergies Glassdoor Corporate Synergies careers Corporate Synergies nyc Corporate Synergies revenue Corporate synergies linkedin Corporate synergy meaning 1 2 3 4 5 6 7 8 9 10 Next https://www.google.com/search?q=corporate+synergies+group+Ilc&sca_esv=1001961491 ba09a8&ei=ZsDfaJLeKoTIkPIP5J3juAg&gs_ssp=eJzj4tVP1... 3/4 10/3/25, 8:25 AM corporate synergies group Ilc - Google Search Delaware - Based on your past activity - Update location Help Send feedback Privacy Terms https://www.google.com/search?q=corporate+synergies+group+Ilc&sca_esv=1001961491 ba09a8&ei=ZsDfaJLeKoTIkPIP5J3juAg&gs_ssp=eJzj4tVP1... 4/4 10/3/25, 9:14 AM Detail by Entity Name DIVISION OF CORPORATIONS JSviiJ1 : Jf. amorg ? �1PJi) -`,fri011.� rrrr official 31a19 of Florida weir.ite Department of State / Division of Corporations / Search Records / Search by Entity Name / Detail by Entity Name Foreign Limited Liability Company CORPORATE SYNERGIES GROUP, LLC Filing Information Document Number M10000005304 FEI/EIN Number 20-1622581 Date Filed 12/02/2010 State DE Status ACTIVE Last Event LC STMNT OF RA/RO CHG Event Date Filed 05/15/2024 Event Effective Date NONE Principal Address 780 W. Granada Boulevard Ormond Beach, FL 32174 Changed: 04/06/2024 Mailing Address 780 W. Granada Boulevard Ormond Beach, FL 32174 Changed: 03/17/2025 Registered Agent Name & Address REGISTERED AGENT SOLUTIONS, INC. 1200 SOUTH PINE ISLAND ROAD PLANTATION, FL 33324 Name Changed: 05/15/2024 Address Changed: 07/21/2025 Authorized Person(a) Detail Name & Address Title Manager, Co -CEO https://search.sunbiz.org/Inquiry/CorporationSearch/Search ResultDetail?inquirytype=EntityName&directionType=1 nitial&searchNameOrder=CORPOR... 1/3 10/3/25, 9:14 AM Bloom, Andrew 780 W. Granada Boulevard Ormond Beach, FL 32174 Title Manager, Co -CEO Lisa, Mike 780 W. Granada Boulevard Ormond Beach, FL 32174 Title Manager Ambrosia , Daniel 780 W. Granada Boulevard Ormond Beach, FL 32174 Title Manager Lydecker , Charles 780 W. Granada Boulevard Ormond Beach, FL 32174 Title Manager Schwartz , Joel 780 W. Granada Boulevard Ormond Beach, FL 32174 Annual Reports Report Year Filed Date 2023 03/02/2023 2024 04/06/2024 2025 03/17/2025 Document Images 03/17/2025 --ANNUAL REPORT 05/15/2024 -- CORLCRACHG 04/06/2024 --ANNUAL REPORT 03/02/2023 --ANNUAL REPORT 04/04/2022 --ANNUAL REPORT 04/30/2021 --ANNUAL REPORT 04/28/2020 --ANNUAL REPORT 04/30/2019 --ANNUAL REPORT 04/30/2018 --ANNUAL REPORT 04/26/2017 --ANNUAL REPORT 04/11/2016 --ANNUAL REPORT 04/14/2015 --ANNUAL REPORT 03/11/2014 --ANNUAL REPORT 04/09/2013 --ANNUAL REPORT View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format Detail by Entity Name https://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=EntityName&directionType=1 nitial&searchNameOrder=CORPOR... 2/3 10/3/25, 9:14 AM 04/02/2012 --ANNUAL REPORT View image in PDF format 04/25/2011 --ANNUAL REPORT View image in PDF format 12/02/2010 -- Foreign Limited View image in PDF format Detail by Entity Name Florida Department of State, Division of Corporations https://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=EntityName&directionType=1 nitial&searchNameOrder=CORPOR... 3/3 Debarred Contractors List (Updated: May 2025) M IAM 1-DAD E COUNTY # Debarred Entity and/or Individuals (abc order) Address Initiating Dept and Contact Person Cause of Debarment Effect of Debarment Length of Debarment Contractor's Certificate of Competency or License Number; or Qualifier, when applicable 1 Aaron Construction Group, Inc. 10820 NW 138 St. Bay C-1 Hialeah Gardens, FL 33018 Public Housing and Community Development Department (PHCD Director, (786) 469-4106) Violation of Section 10-38 Excluded from Contracting w/Miami-Dade County for a ten (10) year period. 9/12/19 - 9/12/29 n/a 2 Diego Alejandro Estepa Vazquez (Individual, former officer of Aaron Construction Group, Inc.) 10820 NW 138 St. Bay C-1 Hialeah Gardens, FL 33018 Public Housing and Community Development Department (PHCD Director, (786) 469- 4106) Violation of Section 10-38 Excluded from Contracting w/Miami-Dade County Indefinitely. 9/12/19 - Indefinite n/a 3 Javier Estepa (Individual, former officer of Aaron Construction Group, Inc.) 10820 NW 138 St. Bay C-1 Hialeah Gardens, FL 33018 Public Housing and Community Development Department (PHCD Director, (786) 469- 4106) Violation of Section 10-38 Excluded from Contracting w/Miami-Dade County Indefinitely. 9/12/19 - Indefinite n/a 4 ABC Construction Inc 7280 NW 8th St, Miami, FL 33126 State Attorney's Office (State Attorney, 305-547-0100) Violation of Section 10-38 Excluded from Contracting w/Miami-Dade County for a five (5) year period 11/2/2022 - 11/2/2027 n/a 5 Jorge Gonzalez (individual, former owner/president of ABC Construction Inc) 7280 NW 8th St, Miami, FL 33126 State Attorney's Office (State Attorney, 305-547-0100) Violation of Section 10-38 Excluded from Contracting w/Miami-Dade County for a five (5) year period 11/2/2022 - 11/2/2027 n/a 6 Another Garage Gate, Inc. 3771 NW 51 ST UNIT A, Miami, FL 33142 State Attorney's Office (State Attorney, 305-547-0100) The debarment is a condition of an Order of Probation. As such, he should be ineligible for any new work from any County Department. Excluded from Contracting w/Miami-Dade County for a five (5) year period 08/30/2023 - 08/30/2028 n/a 7 Raudel Diaz (Individual, princiapl of Another Garage Gate, Inc.) 3771 NW 51 ST UNIT A, Miami, FL 33142 State Attorney's Office (State Attorney, 305-547-0100) The debarment is a condition of an Order of Probation. As such, he should be ineligible for any new work from any County Department. Excluded from Contracting w/Miami-Dade County for a five (5) year period 08/30/2023 - 08/30/2028 n/a 8 Association of Community Organizations for Reform Now (ACORN) 2609 Canal St, 4th floor New Orleans, LA 70119 U.S. Congress (Office of Management & Budget, 202- 395-3080) Section 163 of the Continuing Appropriations Resolution, 2010, Division B of Public Law #111-68 Excluded from Contracting w/ Miami -Dade County Indefinitely. 10/07/2009 - Indefinite n/a 9 Biscayne Housing Group, LLC 25 Se 2nd Ave, Miami, FL, 33131-1508 Public Housing and Community Development Department (PHCD Director, (786) 469-4106) Violation of Section 10-38 Excluded from Contracting w/Miami-Dade County for a ten (10) year period 1/5/2021 - 1/5/2031 n/a 10 Michael Cox (individual, former partner of Biscayne Housing Group, LLC) 828 NW 9th Ave Miami, Fl 33136 Public Housing and Community Development Department (PHCD Director, (786) 469- 4106) Violation of Section 10-38 Excluded from Contracting w/Miami-Dade County for a ten (10) year period 1/5/2021- 1/5/2031 n/a 11 BJK Construction Services, Inc 970 W McNab Rd # 210, Fort Lauderdale, FL 33309 Internal Services Department (ISD Director, 305-375-1135) Violation of Section 10-38 Excluded from Contracting w/Miami-Dade County for a ten (10) year period. 7/8/2021- 7/8/2031 n/a This report is maintained by Strategic Procurement Department (SPD). Please note: this list is only updated when an entity or indMdual is added or removed. For any questions, please contact Michou Jean, at (305) 375-3161. 1 Debarred Contractors List (Updated: May 2025) M IAM 1-DAD E COUNTY H 12 Debarred Entity and/or Individuals (abc order) Address Initiating Dept and Contact Person Cause of Debarment Effect of Debarment Length of Debarment Contractor's Certificate of Competency or License Number; or Qualifier, when applicable Michael Runyan (individual, owner of BJK Construction Services, Inc) 4411 Ne 30 Ave, Lighthouse Point, FL 33064 Internal Services Department (ISD Director, 305-375-1135) Violation of Section 10-38 Excluded from Contracting w/Miami-Dade County for a ten (10) year period. 7/8/2021- 7/8/2031 n/a 13 Carlisle Development Group 2950 SW 27th AveSte 200 Miami, Fl 33133 Public Housing and Community Development Department (PHCD Director, (786) 469-4106) Violation of Section 10-38 Excluded from Contracting w/Miami-Dade County for a ten (10) year period 1/5/2021- 1/5/2031 n/a 14 Lloyd Boggio (individual, former partner of Carlisle Development Group) 3316 Devon CT, Miami, FI 33133 Public Housing and Community Development Department (PHCD Director, (786) 469- 4106) Violation of Section 10-38 Excluded from Contracting w/Miami-Dade County for a ten (10) year period 1/5/2021- 1/5/2031 n/a 15 Matthew Greer (individual, former partner of Carlisle Development Group) 240 Ari Way Miami Beach, FI 33141 Public Housing and Community Development Department (PHCD Director, (786) 469- 4106) Violation of Section 10-38 Excluded from Contracting w/Miami-Dade County for a ten (10) year period 1/5/2021- 1/5/2031 n/a 16 Design Management and Builders Corporation 5514 NW 72ND AVE, Miami, Florida, 33166 Public Housing and Community Development Department (PHCD Director, (786) 469-4106) Violation of Section 10-38 Excluded from Contracting w/Miami-Dade County for a ten (10) year period 9/22/2021-9/22/2031 n/a 17 Arturo P. Hevia (individual, owner of Design Management and Builders Corporation) 2411 SW 83 COURT Miami, FL 33155 Public Housing and Community Development Department (PHCD Director, (786) 469- 4106) Violation of Section 10-38 Excluded from Contracting w/Miami-Dade County for a ten (10) year period 9/22/2021-9/22/2031 n/a 18 Ecological Paper Recycling, Inc. 2350 NW 149th Street Opa Locker, FL 33054 Internal Services Department (ISD Director, 305-375-1135) Violation of Section 10-38 Excluded from Contracting w/ Miami -Dade County Indefinitely. 11/18/2015 - Indefinite n/a 19 Jose Flores (indvidual, former officer of Ecological Paper Recycling, Inc.) 2350 NW 149th Street Opa Locka, FL 33054 Internal Services Department (ISD Director, 305-375-1135) Violation of Section 10-38 Excluded from Contracting w/ Miami -Dade County Indefinitely. 11/18/2015 - Indefinite n/a 20 Manuela Flores (individual, former officer of Ecological Paper Recycling, Inc.) 2350 NW 149th Street Opa Locka, FL 33054 Internal Services Department (ISD Director, 305-375-1135) Violation of Section 10-38 Excluded from Contracting w/ Miami -Dade County Indefinitely. 11/18/2015 - Indefinite n/a 21 William Hernandez (individual, former officer of Ecological Paper Recycling,Inc.) 2350 NW 149th Street Opa Locka, FL 33054 Internal Services Department (ISD Director, 305-375-1135) Violation of Section 10-38 Excluded from Contracting w/ Miami -Dade County Indefinitely. 11/18/2015 - Indefinite n/a 22 Global Electrical & Lighting Supplies, Inc. 13751 SW 143rd Ct SUITE 101, MIAMI, FL 33186 Internal Services Department (ISD Director, 30S-37S-113S) Violation of Section 10-38 Excluded from Contracting w/Miami-Dade County for a ten (10) year period 1/18/2018 - 1/18/2028 n/a 23 Rolando Perez (individual, former officer of Global Electrical & Lighting Supplies, Inc.) 13752 SW 143rd CT, SUITE 101, MIAMI, FL 33186 Internal Services Department (ISD Director, 305-375-1135) Violation of Section 10-38 Excluded from Contracting w/Miami-Dade County for a ten (10) year period 1/18/2018 - 1/18/2028 n/a This report is maintained by Strategic Procurement Department (SPD). Please note: this list is only updated when an entity or indMdual is added or removed. For any questions, please contact Michou Jean, at (305) 375-3161. 2 Debarred Contractors List (Updated: May 2025) M IAM 1-DAD E COUNTY # Debarred Entity and/or Individuals (abc order) Address Initiating Dept and Contact Person Cause of Debarment Effect of Debarment Length of Debarment Contractor's Certificate of Competency or License Number; or Qualifier, when applicable 24 Vivian Perez (individual, former officer of Global Electrical & Lighing Supplies, Inc.) 13753 SW 143rd CT, SUITE 101, MIAMI, FL 33186 Internal Services Department (ISD Director, 305-375-1135) Violation of Section 10-38 Excluded from Contracting w/Miami-Dade County for a ten (10) year period 1/18/2018 - 1/18/2028 n/a 25 Hialeah Transport, LLC 2965 E. llth Avenue Hialeah, FL 33013 Internal Services Department (ISD Director, 305-375-1135) Violation of Section 10-38 Excluded from Contracting w/Miami-Dade County Indefinitely. 12/21/2015 - Indefinite n/a 26 Amancio Alonso (individual, former officer of Hialeah Transport LLC) 2965 E. llth Avenue Hialeah, FL 33013 Internal Services Department (ISD Director, 305-375-1135) Violation of Section 10-38 Excluded from Contracting w/Miami-Dade County Indefinitely. 12/21/2015 - Indefinite n/a 27 Jose Barroso (indvidual, former officer of E&C Electrical Service, Inc.) 1625 NE 104th St Miami Shores, FL 33138 Internal Services Department (ISD Director, 305-375-1135) Violation of Section 10-38 Excluded from Contracting w/Miami-Dade County for a ten (10) year period. 1/18/2018 - 1/18/2028 n/a 28 Roy J. Bustillo (individual, former officer of Municipal Lighting Systems Group, Inc.) 7035 SW 47th St A Miami, FL 33155 Internal Services Department (ISD Director, 305-375-1135) Violation of Section 10-38 Excluded from Contracting w/Miami-Dade County for a ten (10) year period. 1/18/2018 - 1/18/2028 n/a 29 Jorge De La Noval (individual, owner and operator of The Ultimate Electrician) 13701 SW 88TH ST STE 222 MIAMI, FL 33186 Miami Dade County Office of Inspector General, 305-375- 1946 Violation of Section 10-38 Excluded from Contracting w/Miami-Dade County for a five (5) year period 8/26/2021- 8/26/2026 n/a 30 Siltek Affordable Housing, LLC. 5800 SW 178th Ave, Southwest Ranches, FL 33331 Public Housing and Community Development Department (PHCD Director, (786) 469-4106) Violation of Section 10-39 Excluded from Contracting w/Miami-Dade County for a ten (10) year period 6/20/2024 - 6/19/2034 n/a 31 Rene Antonio Sierra (individual, former officer of Siltek Affordable Housing LLC.) 481 Ranch Road Weston, Florida 33325 Public Housing and Community Development Department (PHCD Director, (786) 469- 41061 Violation of Section 10-38 Excluded from Contracting w/Miami-Dade County for a nine (9) year period 11/30/2019 - 11/29/2028 n/a This report is maintained by Strategic Procurement Department (SPD). Please note: this list is only updated when an entity or indMdual is added or removed. For any questions, please contact Michou Jean, at (305) 375-3161. 3 10/3/25, 8:27 AM foundation risk partners public entity services - Google Search F d - - K Par tears PL�L Ii ` . o�.r a or z erF'� X $ Al Mode All News Images Short videos Forums Videos More Tools Foundation Risk Partners t# https://foundationrp.com Foundation Risk Partners Foundation Risk Partners is one of the fastest growing insurance brokerage and consulting firms in the United States comprised of a network of highly respected ... Missing: publie I Show results with: public Specialized Industry Expertise From large engineering firms to local accountants, each ... Regional Locations We are a full -service, regional agency providing our insurance ... Board of Directors Our mission at Foundation Risk Partners (FRP) is to continue ... Consult With a Broker Our mission at Foundation Risk Partners (FRP) is to continue ... Overview We've identified leading platforms and services within the ... More results from foundationrp.com » People also ask Who owns Foundation Risk Partners? What is public entity risk management? Where is Foundation Risk Partners headquarters? https://www.google.com/search?q=foundation+risk+partners+public+entity+services&sca_esv=1001961491 ba09a8&source=lnms&fbs=AlljpHxU7SXX... 1/3 10/3/25, 8:27 AM foundation risk partners public entity services - Google Search How much is Foundation Risk Partners worth? Acentria Insurance https://acentria.com > Business Insurance Public Risk • Acentria Public Risk is a specialty practice with the sole purpose of serving Florida's public entities for property, casualty and employee benefits coverage. Em Linkedln • David Lodwick 150+ followers David Lodwick - Director of Public Entity Services at ... Director of Public Entity Services at Foundation Risk Partners • Experience: Foundation Risk Partners • Education: The Ohio State University • Location:... Spectrum Enterprise https://enterprise.spectrum.com > insights > case -studies Foundation Risk Partners tackles massive expansion ... Foundation Risk Partners acquired 174 agencies in six years, using fiber circuits, Managed Network Edge, and Unified Communications with RingCentral for ... EaFairview Insurance https://fairviewinsurance.com Fairview Insurance I Since 1970 Working on behalf of individuals, companies and public entities, we provide customized insurance plans, employee benefits, and financial planning services. Our ... ®Sica Fletcher https://www.sicafletcher.com > fairview Fairview Insurance Agency Associates Merger Fairview's decision to partner with Foundation Risk Partners (FRP) enables the firm to reposition the business with a growth partner and accelerate expansion. az PR Newswire https://www.prnewswire.com > news -releases > foundatio... FOUNDATION RISK PARTNERS AND VERSFON 1 TO ... Jan 16, 2025 — Foundation Risk Partners had a vision to actively investigate innovative technology and methods to alleviate time-consuming manual tasks and ... People also search for https://www.google.com/search?q=foundation+risk+partners+public+entity+services&sca_esv=1001961491 ba09a8&source=1nms&fbs=A1 IjpHxU7SXX... 2/3 10/3/25, 8:27 AM foundation risk partners public entity services - Google Search Who owns foundation risk Foundation Risk Partners partners public entity services acquisitions Foundation risk partners public entity services reviews Foundation risk partners public entity services address Foundation Risk Partners lawsuit Foundation Risk Partners revenue Foundation Risk Partners logo Foundation Risk Partners reviews 1 2 3 4 5 6 7 8 9 10 Next Delaware - Based on your past activity - Update location Help Send feedback Privacy Terms https://www.google.com/search?q=foundation+risk+partners+public+entity+services&sca_esv=1001961491 ba09a8&source=1nms&fbs=A1 IjpHxU7SXX... 3/3 Menu Ct�arlmer� f MANAGEMENT SERVICES Home / Business Operations / State Purchasing / State Agency Resources / Vendor Registration and Vendor Lists / Suspended Vendor List Suspended Vendor List The Department of Management Services maintains a list of vendors that have been removed from the Vendor List pursuant to section 287.1351, Florida Statutes. State Purchasing Chief Procurement Officer (CPO) Memoranda Executed Agency ACS Requests State Contracts and Agreements MyFloridaMarketPlace Building DMS 07/02/14 Notice of Maintenance of Default - America, LLC Building d/b/a Florida Maintenance of Building America, Maintenance LLC d/b/a 333 North Florida Building Falkenburg Road Maintenance [ #A117 - 575.81 KB ] Tampa, FL 33619 Club Tex, Inc. 2025 Broadway, Suite #15G New York, NY 10023 DOC 01/24/19 Notice of Default - Club Tex, Inc.[ - 111.75 KB] Correctional Consultants, LLC P.O. Box 515 Chattahoochee, DOC 12/10/19 Notice of Default - Correctional Consultants, Public Procurement Professional Development Approved Drone Manufacturers State Agency Resources Statewide Travel Management System Vendor Resources State Purchasing Insurance Program .(SPI P) Contact Us State Purchasing Website Feedback Office of Supplier Development (OSD) FL 32324 LLC [ - 85.95 KB] iColor Printing and Mailing, Inc. 22873 Lockness Avenue Torrance, CA 90501 DEP 02/20/12 Notice of Default - iColor Printing and Mailing, Inc. [ - 320.17 KB ] Visual Image Design Firm, LLC ARA; Narrnnccpp DOH 06/25/15 Notice of Default - Visual Imanp f)pcinn Updated 12/10/19 Document reader download links: Adobe PDF Reader Agency Organization Copyright ©2025 Department of Management Services - State of Florida 5/27/25, 5:00 PM Your DUNS Lookup Request for Corporate Synergies Group, LLC - Johnson, Charles - Outlook Outlook Your DUNS Lookup Request for Corporate Synergies Group, LLC From Dun & Bradstreet <t.email@dnb.com> Date Tue 5/27/2025 4:20 PM To Johnson, Charles <CJohnson@miamigov.com> CAUTION: This is an email from an external source. Do not click links or open attachments unless you recognize the sender and know the content is safe. 05/27/25 Charles Johnson, The following is the Dun & Bradstreet D-U-N-S® Number for Corporate Synergies Group, LLC D-U-N-S number: 078877502 If this is YOUR COMPANY, learn how to monitor and potentially impact your Dun & Bradstreet business credit file with D&B Credit Insights. Call 1-800-700-2733, Monday through Friday, 8:00 AM to 6:00 PM local time or contact us at Dun & Bradstreet support. Having trouble seeing this email? View in browser Please add e.email@dnb.com to ensure delivery of our emails to your inbox. This is a notification regarding your service with Dun & Bradstreet. Privacy and Terms of Service Notice: Your privacy is important to us; please see our Privacy Policy and Terms of Use. To unsubscribe from future emails click here or to update your email preferences, please click here. © 2025 Dun & Bradstreet, Inc. All rights reserved. 15335 Gate Pkwy, Jacksonville, FL 32256, USA about:blank?windowld=SecondaryReadingPanel 1/1 City of Miami, Florida RFP 1896386 ?ROFESSIONAL SERVICES AGREEMENT By and Between The City of Miami. Florida ADA CONSULTANT This Professional Services Agreement ("Agreement") is entered into this 3rd day of November , 2025 by and between the City of Miami, a municipal corporation of the State of Florida, whose address is 444 S.W. 2ndAvenue, 10th Floor, Miami, Florida 33130 ("City"), and, Corporate Synergies Group, LLC d/b/a Foundation Risk Partners Public Entity Services, a foreign limited liability company, qualified to do business in the State of Florida whose principal address is 780 W. Granada Boulevard, Ormond Beach, FL 32174, hereinafter referred to as the ("Consultant"). RECITALS: WHEREAS, the City of Miami issued Request for Proposals No. 1896386, on August 16, 2024 (the "RFP" attached hereto, incorporated hereby, and made a part of as Exhibit A) for the provision of leasing, property management, and construction management services ("Services" as more fully set forth in the scope of work "Scope" attached hereto as Exhibit B) for the City of Miami's Department of Risk Management ("Risk"), and Consultant's Response and Price Proposal ("Price Proposal", attached hereto, incorporated hereby, and made part of hereof as Exhibit C), in response thereto, has been selected as the most qualified proposal for the provision of the Services. WHEREAS, the Evaluation Committee appointed by the City Manager determined that the Proposal submitted by the Consultant was responsive to the RFP requirements, and recommended that the City Manager negotiate with the Consultant; and WHEREAS, the City wishes to engage the Services of Consultant, and Consultant wishes 1 Employee Benefit Consulting Services City of Miami, Florida RFP 1896386 to perform the Services for the City; and WHEREAS, the City and the Consultant desire to enter into this Agreement under the terms and conditions set forth herein; NOW THEREFORE, in consideration of the mutual covenants and promises herein contained, Consultant and the City agree as follows: TERMS 1. RECITALS AND INCORPORATIONS: DEFINITIONS: The recitals are true and correct and are hereby incorporated into and made a part of this Agreement. The City's RFP is hereby incorporated into and made a part of this Agreement and attached hereto as Exhibit "A". The Services and Scope of Work are hereby incorporated into and made a part of this Agreement and attached as Exhibit "B". The Consultant's Response and Price Schedule, dated September 16, 2024 in response to RFP 1896386, is hereby incorporated into and made a part of this Agreement as attached Exhibit "C". The Consultant's Insurance Certificate is hereby incorporated into and made a part of this Agreement as attached Exhibit "D". The Consultant's Company Resolution is hereby incorporated into and made a part of this Agreement as Exhibit "E". The Consultants Anti Human -Trafficking Affidavit is hereby incorporated and made a part of this Agreement as attached Exhibit "F". The order of precedence whenever there is conflicting or inconsistent language between documents is as follows in descending order of priority: (1) Professional Services Agreement ("PSA") (2) Addenda/Addendum to the RFP, if any; (3) RFP; and (4) Consultant's Response and Price Schedule, dated September 16, 2024 acknowledging Services and Scope of Work and pricing component of services and, response to the Request for Proposals. 2. TERM: The Agreement shall become effective on the date on the first page and shall be for an 2 Employee Benefit Consulting Services City of Miami, Florida RFP 1896386 initial term of three (3) years with an option to renew for two (2) additional one (1) year periods. The City, acting by and through its City Manager, shall have the option to extend or terminate the Agreement for convenience, that is, for any or no cause. 3. SCOPE OF SERVICES: A. Consultant agrees to provide the Services as specifically described, and under the special terms and conditions set forth in Exhibits "A" and "B" hereto, which by this reference is incorporated into and made a part of this Agreement. B. Consultant represents to the City that: (i) it possesses all qualifications, licenses, certificates, authorizations, and expertise required for the performance of the Services, including but not limited to full qualification to do business in Florida, and meet all requirements of section 468.385, et seq., Florida Statutes; (ii) it is not delinquent in the payment of any sums due the City, including payment of permits, fees, occupational licenses, etc., nor in the performance of any obligations or payment of any monies to the City; (iii) all personnel assigned to perform the Services are and shall be, at all times during the term hereof, fully qualified and trained to perform the tasks assigned to each and possess the licenses , registrations, and certifications required by law to perform such tasks ; (iv) the Services will be performed in the manner described in Exhibit "B"; and (v) each person executing this Agreement on behalf of Consultant has been duly authorized to so execute the same and fully bind Consultant as a party to this Agreement. C. Consultant shall always provide fully qualified, competent, and physically capable employees to perform the Services under this Agreement. Consultant shall possess and maintain any required licenses, permits and certifications to perform the Services under this Agreement. City may require Consultant to remove any employee the City deems careless, incompetent, insubordinate, intoxicated on the job, or otherwise objectionable and whose continued services under this Agreement is not in the best interest of the City 3 Employee Benefit Consulting Services City of Miami, Florida RFP 1896386 4. COMPENSATION: A. Consultant, as its sole compensation for the Services provided, shall receive compensation as indicated in Exhibit "C", which by this reference is incorporated into and made a part of this Agreement. B. Prices shall remain firm and fixed for the term of the Contract, including any renewal or extension periods. Consultant represents, warrants and guarantees to the City that Consultant shall completely, timely and properly perform the Work and all of its obligations under the Agreement, in accordance therewith, for the Contract Price agreed upon by the parties. This Contract Price shall constitute Guaranteed Maximum Cost to the Owner for performing the Work inclusive of labor, materials, equipment, supplies, and any allowable overhead and profit. The City shall (absent a prior Amendment with a justifiable compelling cause approved as an Amendment to this Agreement) have no liability or obligation to pay any amount in excess of the stated Contract Price and Consultant shall have no recourse in that respect except to seek an Amendment to the Agreement. All costs in excess of the Contract Price shall be paid solely by Consultant without reimbursement or additional compensation from the City. 5. OWNERSHIP OF DOCUMENTS: Consultant understands and agrees that any information, document, report, data or other digital record, or any other material whatsoever which is given by the City to Consultant, its employees, or any subconsultant, or which is otherwise obtained or prepared by Consultant solely and exclusively for the City pursuant to or under the terms of this Agreement, is and shall always remain the property of the City. Consultant agrees not to use any such information, document, report, data, or material for any other purpose whatsoever without the written consent of the City Manager, which may be withheld or conditioned by the City Manager in his/her sole discretion. Consultant is permitted to make and to maintain duplicate copies of the files, records, documents, 4 Employee Benefit Consulting Services City of Miami, Florida RFP 1896386 etc. if Consultant determines copies of such records are necessary after the termination of this Agreement; however, in no way shall the confidentiality as permitted by applicable laws be breached. The City shall maintain and retain ownership of any and all documents which result upon the completion of the work and Services under this Agreement as per the terms of this Section 5. 6. AUDIT AND INSPECTION RIGHTS AND RECORDS RETENTION: A. Consultant agrees to provide access to the City or to any of its duly authorized representatives, to any books, documents, papers, and records of Consultant which are directly pertinent to this Agreement, for the purpose of audit, examination, excerpts, and transcripts. The City may, at reasonable times, and for a period of up to three (3) years following the date of final payment by the City to Consultant under this Agreement, audit and inspect, or cause to be audited and inspected, those books, documents, papers, and records of Consultant which are related to Consultant's performance under this Agreement. Consultant agrees to maintain all such books, documents, papers, and records at its principal place of business in Miami -Dade County, or its local office in Miami -Dade County or to otherwise make them available in Miami -Dade County for a period of three (3) years after final payment is made under this Agreement and all other pending matters are closed. Consultant's failure to adhere to, or refusal to comply with, this condition shall result in the immediate cancellation of this Agreement by the City. B. The City may, at reasonable times during the term hereof, inspect the Consultant's facilities and perform such tests, as the City deems reasonably necessary, to determine whether the goods or services required to be provided by Consultant under this Agreement conform to the terms hereof. Consultant shall make available to the City all reasonable facilities and assistance to facilitate the performance of tests or inspections by City representatives. All audits, tests and inspections shall be subject to, and made in accordance with, the provisions of Sections 18-100, 18-101, and 18-102 of the Code of the City of Miami, Florida ("City Code"), which Sections apply to this Agreement, as same may be amended or supplemented, from time to time. 5 Employee Benefit Consulting Services City of Miami, Florida RFP 1896386 7. AWARD OF AGREEMENT: Consultant represents and warrants to the City that it has not employed or retained any person or company employed by the City to solicit or secure this Agreement and that it has not offered to pay, 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. Consultant understands that the public shall have access, at all reasonable times, to all documents and information pertaining to City Agreements, subject to the provisions of Chapter 119, Florida Statutes, and agrees to allow access by the City and the public to all documents subject to disclosure under applicable laws. Consultant's failure or refusal to comply with the provisions of this section shall result in the immediate cancellation of this Agreement by the City. B. Consultant shall additionally comply with Section 119.0701, Florida Statutes, including without limitation: (1) keep and maintain public records that ordinarily and necessarily would be required by the City to perform this service; (2) upon request from the City's custodian of public records, provide the City with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes, or as otherwise provided by law; (3) ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the Agreement if the Consultant does not transfer the records to the City; (4) upon completion of the Agreement, transfer, at no cost, to the City all public records in possession of the Consultant or keep and maintain public records required by the City to perform the service, if the Consultant transfers all public records to the City upon completion of the Agreement, the 6 Employee Benefit Consulting Services City of Miami, Florida RFP 1896386 Consultant shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements, if the Consultant keeps and maintains public records upon completion of the Agreement, the Consultant shall meet all applicable requirements for retaining public records, all records stored electronically must be provided to the City, upon request from the City's custodian of public records, in a format that is compatible with the information technology systems of the City. Notwithstanding the foregoing, Consultant 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 Consultant determine to dispute any public access provision required by Florida Statutes, then Consultant shall do so at its own expense and at no cost to the City. IF THE CONSULTANT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONSULTANT'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THE CONTRACT, CONTACT THE DIVISION OF PUBLIC RECORDS AT (305) 416-1830, VIA EMAIL AT pUBLICRECORDSOMIAMIGOV.COM, OR REGULAR MAIL AT CITY OF MIAMI OFFICE OF THE CITY ATTORNEY, 444 SW 2ND AVENUE, 9T" FLOOR, MIAMI, FL 33130. THE CONSULTANT MAY ALSO CONTACT THE RECORDS CUSTODIAN AT THE CITY OF MIAMI DEPARTMENT WHO IS ADMINISTERING THIS CONTRACT. 9. COMPLIANCE WITH FEDERAL. STATE AND LOCAL LAWS; Consultant understands that agreements with local governments are subject to certain laws and regulations, including laws pertaining to public records, conflict of interest, record keeping, etc. City and Consultant agree to comply with and observe all such applicable federal, state and local laws, rules, regulations, codes, and ordinances, as they may be amended from time to time. 7 Employee Benefit Consulting Services City of Miami, Florida RFP 1896386 Consultant further agrees to include in all of Consultant's agreements with subconsultants for any Services related to this Agreement this provision requiring subconsultants to comply with and observe all applicable federal, state, and local laws rules, regulations, codes, and ordinances, as they may be amended from time to time. Local laws in accordance with this Section shall mean the applicable laws of the City of Miami, and Miami -Dade County. 10. INDEMNIFICATION: Consultant shall indemnify, hold and save harmless, and defend (at its own cost and expense), the City, its officers, agents, directors, and/or employees, from all liabilities, damages, losses, judgements, and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness, negligent act or omission, or intentional wrongful misconduct of Consultant and persons employed or utilized by Consultant in the performance of this Contract. Consultant shall further, hold the City, its officials and employees, indemnify, save and hold harmless for, and defend (at its own cost), the City its officials and/or employees against any civil actions, statutory or similar claims, injuries or damages arising or resulting from the permitted Work, even if it is alleged that the City, its officials, and/or employees were negligent. In the event that any action or proceeding is brought against the City by reason of any such claim or demand, the Consultant shall, upon written notice from the City, resist and defend such action or proceeding by counsel satisfactory to the City. The Consultant expressly understands and agrees that any insurance protection required by this Contract or otherwise provided by the Consultant shall in no way limit the responsibility to indemnify, keep and save harmless and defend the City or its officers, employees, agents and instrumentalities as herein provided. The indemnification provided above shall obligate the Consultant to defend, at its own expense, to and through trial, administrative, appellate, supplemental or bankruptcy proceeding, or to provide for such defense, at the City's option, any and all claims of liability and all suits and actions of every name and description which may be brought against the City, whether performed 8 Employee Benefit Consulting Services City of Miami, Florida RFP 1896386 by the Consultant, or persons employed or utilized by Consultant. These duties will survive the cancellation or expiration of the Contract. This Section will be interpreted under the laws of the State of Florida, including without limitation and interpretation, which conforms to the limitations of Sections 725.06 and/or 725.08, Florida Statutes, as applicable and as amended. Consultant shall require all sub -consultant agreements to include a provision that each sub -consultant will indemnify the City in substantially the same language as this Section. The Consultant 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 Consultant in which the City participated either through review or concurrence of the Consultant's actions. In reviewing, approving or rejecting any submissions by the Consultant or other acts of the Consultant, the City, in no way, assumes or shares any responsibility or liability of the Consultant or sub -consultant under this Contract. Ten dollars ($10) of the payments made by the City constitute separate, distinct, and independent consideration for the granting of this Indemnification, the receipt and sufficiency of which is voluntarily and knowingly acknowledged by the Consultant. 11. DEFAULT: If Consultant 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 Consultant shall be in default. Consultant understands and agrees that termination of this Agreement under this section shall not release Consultant from any obligation(s) accruing prior to the effective date of termination. Should Consultant be unable or unwilling to commence to perform the Services within the time provided or contemplated herein, then, in addition to the foregoing, Consultant shall be liable to the City for all expenses incurred by the City in preparation and negotiation of this Agreement, as well as all costs and expenses 9 Employee Benefit Consulting Services City of Miami, Florida RFP 1896386 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 Consultant, terminate this Agreement whereupon all payments, advances, or other compensation paid by the City to Consultant while Consultant 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 Consultant, the City shall be in default, which shall be treated as a termination pursuant to Section 13. 12. RESOLUTION OF AGREEMENT DISPUTES: Consultant understands and agrees that all disputes between Consultant and the City based upon an alleged violation of the terms of this Agreement by the City shall be submitted to the City Manager for his/her resolution, prior to Consultant being entitled to seek judicial relief in connection therewith. In the event that the amount of compensation hereunder exceeds Twenty - Five Thousand Dollars and No/Cents ($25,000), the City Manager's decision shall be approved or disapproved, as applicable, by the City Commission, whose decision shall be final. Consultant shall not be entitled to seek judicial relief, recourse, remedy or to file a civil action unless: (i) it has first received City Manager's written decision, approved or disapproved, as applicable, by the City Commission if the amount of compensation hereunder exceeds Twenty -Five Thousand Dollars and No/Cents ($25,000), or (ii) a period of sixty (60) days has expired, after submitting to the City Manager a detailed statement of the dispute, accompanied by all supporting documentation one hundred twenty (120) days if City Manager's decision is subject to City Commission approval); or (iii) City has waived compliance with the procedure set forth in this section by a written instrument clearly waiving compliance , signed by the City Manager. In no event may the amount of compensation under this Section exceed the total compensation set forth in Section 4 (A) of this 10 Employee Benefit Consulting Services City of Miami, Florida RFP 1896386 Agreement. The adherence to this Section is the condition precedent to the institution of any civil action by the Consultant against the City. 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, and without penalty, at any time, by giving written notice to Consultant at least thirty (30) calendar days prior to the effective date of such termination. In such event, the City shall pay to Consultant compensation for Services rendered and approved expenses incurred prior to the effective date of termination. In no event shall the City be liable to Consultant for any additional compensation and expenses incurred, other than that provided herein, and in no event shall the City be liable for any consequential or incidental damages. The Consultant shall have no recourse or remedy against the City for a termination under this subsection except for payment of fees due prior to the effective date of termination. B. The City, by and acting through its City Manager, shall have the right to 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 Consultant for Services rendered by Consultant after the date of termination, but the parties shall remain responsible for any payments that have become due and owing as of the effective date of termination. In no event shall the City be liable to Consultant for any additional compensation and expenses incurred, other than that provided herein, and in no event shall the City be liable for any direct, indirect, special, consequential, or incidental damages. 14. INSURANCE: A. Consultant shall, always during the term hereof, maintain such insurance coverage(s) as may be required by the City. The insurance coverage(s) required as of the 11 Employee Benefit Consulting Services City of Miami, Florida RFP 1896386 Effective Date of this Agreement are attached hereto as Exhibit "D" and incorporated herein by this reference. The City RFP number and title of the RFP must appear on each certificate of insurance. The Consultant shall add the City of Miami as an additional insured to its commercial general liability, and auto liability policies, and as a named certificate holder on all policies. Consultant shall correct any insurance certificates as requested by the City's Risk Management Administrator. All such insurance, including renewals, shall be subject to the approval of the City for adequacy of protection and evidence of such coverage(s) and shall be furnished to the City Risk Management Administrator on Certificates of Insurance indicating such insurance to be in force and effect and any cancelled or non -renewed policy will be replaced with no coverage gap and a current Certificate of Insurance will be provided. Completed Certificates of Insurance shall be filed with the City prior to the performance of Services hereunder, provided, however, that Consultant shall at any time upon request file duplicate copies of the Certificate of Insurance with the City. B. If, in the judgment of the City, prevailing conditions warrant the provision by Consultant of additional liability insurance coverage or coverage which is different in kind, the City reserves the right to require the provision by Consultant of an amount of coverage different from the amounts or kind previously required and shall afford written notice of such change in requirements thirty (30) days prior to the date on which the requirements shall take effect. Should the Consultant fail or refuse to satisfy the requirement of changed coverage within thirty (30) days following the City's written notice, this Agreement shall be considered terminated on the date that the required change in policy coverage would otherwise take effect. C. Consultant understands and agrees that all liabilities regarding the use of any of Consultant's employees or any of Consultant's subconsultants for Services related to this Agreement shall be borne solely by Consultant throughout the term of this Agreement and that this provision shall survive the termination of this Agreement. Consultant further understands and agrees that insurance for each employee of Consultant and each subconsultant providing Services 12 Employee Benefit Consulting Services City of Miami, Florida RFP 1896386 related to this Agreement shall be maintained in good standing and approved by the City Risk Management Director throughout the duration of this Agreement. D. Consultant shall be responsible for assuring that the insurance certificates required under this Agreement remain in full force and effect for the duration of this Agreement, including any extensions hereof. If insurance certificates are scheduled to expire during the term of this Agreement and any extension hereof, Consultant shall be responsible for submitting new or renewed insurance certificates to the City's Risk Management Administrator as soon as coverages are bound with the insurers. In the event that expired certificates are not replaced, with new or renewed certificates which cover the term of this Agreement and any extension thereof: (i) the City shall suspend this Agreement until the new or renewed certificate(s) are received in acceptable form by the City's Risk Management Administrator; or (ii) the City may, at its sole discretion, terminate the Agreement for cause and seek re -procurement damages from Consultant in conjunction with the violation of the terms and conditions of this Agreement. E. Compliance with the foregoing requirements shall not relieve Consultant of its liabilities and obligations under this Agreement. 15. NONDISCRIMINATION: Consultant represents to the City that Consultant does not and will not engage in discriminatory practices and that there shall be no discrimination in connection with Consultant's performance under this Agreement on account of race, color, sex, religion, age, handicap, marital status, or national origin. Consultant further covenants that no otherwise qualified individual shall, solely due to his/her race, color, sex, religion, age, handicap, marital status, or national origin, be excluded from participation in, be denied services, or be subject to discrimination under any provision of this Agreement. 13 Employee Benefit Consulting Services City of Miami, Florida RFP 1896386 16. ASSIGNMENT; The Consultant's services are considered specialized and unique. This Agreement shall not be assigned, sold, transferred, pledged, or otherwise conveyed by Consultant, in whole or in part, and Consultant shall not assign or otherwise subcontract any part of its operations performing these services under this Agreement, without the prior written consent of the City Manager, which may be withheld or conditioned, in the City Manager's sole discretion. 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 CONSULTANT: TO THE CITY OF MIAMI: Corporate Synergies Group, LLC d/b/a Foundation Risk Partners Public Entity Services 780 W. Grenada Boulevard Ormond Beach FL 32174 14 Employee Benefit Consulting Services Arthur Noriega V City Manager 444 SW 2nd Avenue, 10th Floor Miami, FL 33130 George K. Wysong, III City Attorney 444 SW 2nd Avenue, 9th Floor Miami, FL 33130-1910 David Ruiz Interim Director, Risk Management Department 444 SW 2nd Avenue, 9th Floor Miami, FL 33130-1910 Annie Perez, CPPO Procurement Director/Chief Procurement Officer 444 SW 2nd Avenue, 6th Floor Miami, FL 33130-1910 City of Miami, Florida RFP 1896386 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 attorney's fees. Each party waives any defense, whether asserted by motion or pleading, that the aforementioned courts are an improper or inconvenient venue. Moreover, the parties consent to the personal jurisdiction of the aforementioned courts and irrevocably waive any objections to said jurisdiction. The parties irrevocably, knowingly and voluntarily waive any rights to a jury trial in any action or proceeding between them arising out of this Agreement. B. No waiver or breach of any provision of this Agreement shall constitute a waiver of any subsequent breach of the same or any other provision hereof, and no waiver shall be effective unless made in writing. C. Should any provision, paragraph, sentence, word or phrase contained in this Agreement be determined by a court of competent jurisdiction to be invalid, illegal or otherwise unenforceable under the laws of the State of Florida or the City of Miami, such provision, paragraph, sentence, word or phrase shall be deemed modified to the extent necessary in order to conform with such laws, or if not modifiable, then the same shall be deemed severable, and in either event, the remaining terms and provisions of this Agreement shall remain unmodified and in full force and effect or limitation of its use. D. Consultant shall comply with all applicable laws, rules, and regulations in the performance of this Agreement, including but not limited to licensure, and certifications required by law for professional service Consultants. E. No modification or amendment hereto shall be valid unless in writing and executed by properly authorized representatives of the parties hereto. Except as otherwise set forth in Section 2 above, the City Manager shall have the sole authority to extend, amend, or modify this Agreement on behalf of the City. 15 Employee Benefit Consulting Services City of Miami, Florida RFP 1896386 19. SUCCESSORS AND ASSIGNS; This Agreement shall be binding upon the parties hereto, their heirs, executors, legal representatives, successors, or assigns, if any. 20. INDEPENDENT CONTRACTORS; Consultant 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 Consultant, nor its employees, nor any subconsultant hired by Consultant to provide any Services under this Agreement shall attain, nor be entitled to, any rights, emoluments, or benefits under the Civil Service or Pension Ordinances of the City, nor any rights afforded classified or unclassified employees of the City. Consultant further understands that Florida Workers' Compensation benefits available to employees of the City are not available to Consultant, its employees, or any subconsultant hired by Consultant to provide any Services hereunder, and Consultant agrees to provide or to require subconsultant(s) to provide, as applicable, workers' compensation insurance for any employee or agent of Consultant rendering Services to the City under this Agreement. Consultant further understands and agrees that Consultant's or subconsultants' 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 program directions, applicable laws or regulations, upon thirty (30) days written notice. 16 Employee Benefit Consulting Services City of Miami, Florida RFP 1896386 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 not within the control of the Consultant. In the event that either party is delayed in the performance of any act or obligation pursuant to or required by the Agreement because of a Force Majeure Event as herein defined, the time for required completion of such act or obligation shall be extended by the number of days equal to the total number of days, if any, that such Force Majeure Event actually delay such party. The party seeking delay in performance shall give notice to the other party in writing, within two (2) days of the Force Majeure Event, specifying the anticipated duration of the delay, and if such delay shall extend beyond the duration specified in such notice, additional notice shall be repeated no less than monthly so long as such delay due to a Force Majeure Event continues. Any party seeking delay in performance due to a Force Majeure Event shall use its best efforts to rectify any condition causing such delay and shall cooperate with the other party to overcome any delay that has resulted. 23. CITY NOT LIABLE FOR DELAYS: Consultant hereby understands and agrees that in no event shall the City be liable for, or responsible to Consultant or any subconsultant, or to any other person, firm, or entity for or on account of, any stoppages or delay(s) in work herein provided for, or any damages whatsoever related thereto, because of any injunction or other legal or equitable proceedings or on account of any delay(s) for any cause over which the City has no control. The sole remedy which may be granted to the Consultant, in the reasonable discretion of the City Manager, following a prompt and detailed request to be officially transmitted by the Consultant is an extension of time. No other recourse or remedy will be available to the Consultant against the 17 Employee Benefit Consulting Services City of Miami, Florida City. RFP 1896386 24. USE OF NAME: Consultant understands and agrees that the City is not engaged in research for advertising, sales promotion, or other publicity purposes. Consultant is allowed, within the limited scope of normal and customary marketing and promotion of its work, to use the general results of this project and the name of the City. The Consultant agrees to protect any confidential information provided by the City and will not release information of a specific nature without prior written consent of the City Manager or the City Commission. 25. NO CONFLICT OF INTEREST: Pursuant to City of Miami Code Section 2-611, as amended ("City Code"), regarding conflicts of interest, Consultant hereby certifies to the City that no individual member of Consultant, no employee, and no subconsultant under this Agreement nor any immediate family member of any of the same is also a member of any board, commission, or agency of the City. Consultant hereby represents and warrants to the City that throughout the term of this Agreement, Consultant, its employees, and its subconsultants will abide by this prohibition of the City Code. 26. NO THIRD -PARTY BENEFICIARY: No persons other than the Consultant and the City (and their successors and assigns) shall have any rights as an express or implied third -party beneficiary whatsoever under this Agreement. 27. SURVIVAL; All obligations (including but not limited to indemnity and obligations to defend, save and hold harmless) and rights of any party arising during or attributable to the period prior to expiration 18 Employee Benefit Consulting Services City of Miami, Florida RFP 1896386 or earlier termination of this Agreement shall survive such expiration or earlier termination. 28. TRUTH -IN -NEGOTIATION CERTIFICATION. REPRESENTATION AND WARRANTY: Consultant hereby certifies, represents and warrants to the City that on the date of Consultant's execution of this Agreement, and so long as this Agreement shall remain in full force and effect, the wage rates and other factual unit costs supporting the compensation to Consultant under this Agreement are and will continue to be accurate, complete, and current. Consultant understands, agrees, and acknowledges that the City shall adjust the amount of the compensation and any additions thereto to exclude any significant sums by which the City determines the contract price of compensation hereunder was increased due to inaccurate, incomplete, or non- current wage rates and other factual unit costs. All such contract adjustments shall be made within one (1) year of the end of this Agreement, whether naturally expiring or earlier terminated pursuant to the provisions hereof. 29. COUNTERPARTS/ELECTRONIC SIGNATURES: This Agreement and any amendments hereto may be executed in counterparts and all such counterparts taken together shall be deemed to constitute one and the same instrument, 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 attachments constitute the sole and final agreement of the parties 19 Employee Benefit Consulting Services City of Miami, Florida RFP 1896386 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. ANITRUST VIOLATOR VENDORS: A person or an affiliate who has been placed on the Antitrust Violator Vendors List following a conviction or being held civilly liable for an antitrust violation may not submit a bid, proposal, or reply on any agreement to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on any agreement with a public entity for the construction or repair of a public building or public work; may not submit a bid, proposal, or reply on leases of real property to a public entity; may not be awarded or perform work as a grantee, supplier, subcontractor, or consultant under an agreement with a public entity; and may not transact new business with a public entity 32. ANTI -HUMAN TRAFFICKING: Consultant confirms and certifies that it is not in violation of Section 787.06, Florida Statutes, and that it does not and shall not use "coercion" for labor or services as defined in Section 787.06, Florida Statutes. The Advisor shall execute and submit to the City an Affidavit, of even date herewith, in compliance with Section 787.06(13), Florida Statutes, attached an incorporated herein as Exhibit "F." If the Advisor fails to comply with the terms of this Section, the City may suspend or terminate this Agreement immediately, without prior notice, and in no event shall the City be liable to Advisor for any additional compensation or for any consequential or incidental damages. 33. E-VERIFY By entering into this Agreement, Consultant and its subcontractors are jointly and severally obligated to comply with the provisions of Section 448.095, Florida Statutes, as amended, titled "Employment Eligibility." Consultant affirms that (a) it has registered and uses the U.S. Department 20 Employee Benefit Consulting Services City of Miami, Florida RFP 1896386 of Homeland Security's E-Verify system to verify the work authorization status of all new employees of Consultant; (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 has 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 City has a good faith belief that Consultant 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, Consultant 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 Consultant 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 Consultant has otherwise complied with its requirements under those statutes, then Consultant 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, Consultant, or subcontractor no later than twenty (20) calendar days after the date of Agreement termination. 21 Employee Benefit Consulting Services City of Miami, Florida RFP 1896386 IN WITNESS WHEREOF, the Parties have executed this Agreement, or have caused the same to be executed, as of the date and year first above written. "Consultant" ATTEST: By: Name: Title: nroi RUOI \ •'`'*:, MICHELEC.GOMEZ MY COMMISSION # HH 330742 EXPIRES: November 19, 2026 ATTEST: By: Signed by: Corporate Synergies Group, LLC d/b/a F •nation k P,di iers Public Entity Services a foreign limi -d liability company authorized to do business in Florida By: Print = me: Title: ► _ '. \o, "CITY" CITY OF MIAMI, a Florida municipal corporation C "e`-3�"`y` By: ,zoo, Todd B. Hannon Arthur Noriega V City Clerk City Manager APPROVED AS TO LEGAL FORM AND APPROVED AS TO INSURANCE CORRECTNESS: REQUIREMENTS: By: l Aorv, UNwwd Geroge K. Wysong, III 25-3155K City Attorney Risk Management DSn 22 l'rcut Camvy By: 27395C831521.7 David Ruiz, Interim Director Employee Benefit Consulting Services City of Miami, Florida RFP 1896386 EXHIBIT A RFP No. 1896386 24 Employee Benefit Consulting Services City of Miami, Florida RFP 1896386 EXHIBIT B SCOPE OF WORK Provide employee benefit consulting services per specifications 25 Employee Benefit Consulting Services City of Miami, Florida RFP 1896386 EXHIBIT C CONSULTANT'S RESPONSE AND PRICE PROPOSAL 26 Employee Benefit Consulting Services Employee Benefit Consulting Services RFP 1896386 EXHIBIT E PRICE PROPOSAL A. Employee Benefit Consulting Services The not -to -exceed price and estimated hours for providing all employee benefit consulting services as stated in the Scope of Services. The price includes all costs associated to provide these services. Term Estimated Hours Not -To -Exceed Price 1 Initial Term (Years 1-3) 3,300 $465,930 2 First 1-year OTR Period 1,100 $155,310 3 Second 1-year OTR Period 1,100 $155,310 Note: The City will pay the Consultant at the hourly rate indicated below for any work involved to complete the City's request if the work significantly exceeds the hours stated. Similarly, the fee shall be reduced if there is significantly less work than anticipated. B. Not -to -Exceed Hourly Rate for Additional Work Below is the not -to -exceed hourly rate for additional work not included within the Scope of Services. Breakdown of Not to Exceed Price Staff Position/ Classification Proposed Maximum Hourly Rates Initial Term Years 1 - 3 OTR 1 Year 4 OTR 1 Year 5 Lead Consultant $ 250 $ 250 $ 250 $ $ $ $ $ $ Notes: 1) The not -to exceed price in Section A, and the hourly rates in Section B, shall remain firm and fixed for the term of the Contract, including any renewals or extensions thereof. 2) The hourly rates above include all costs to include normal administrative fees, such as telephone, mailing, faxes, duplication charges, overnight mail, and including all out of pocket expenses, such as travel incurred in connection with the services (refer to CH.112.061 of the Florida Statutes regarding travel expenses), per diem, and miscellaneous costs and fees, and is incorporated in this price schedule, as they will not be reimbursed separately by the City. 3) The City will pay the Consultant at the hourly rate indicated within Section B, for any work involved to complete the City's request for work that is not included within the Scope of Services. The City reserves the right to negotiate the final pricing for this work on a project by project basis, at the City's sole discretion. Andrew Bloom President & CEO Signature Printed Name Title City of Miami, Florida RFP 1896386 EXHIBIT D INSURANCE REQUIREMENTS EMPLOYEE BENEFIT CONSULTING SERVICES Commercial General Liability A. Limits of Liability Bodily Injury and Property Damage Liability Each Occurrence $1,000,000 General Aggregate Limit $2,000,000 Personal and Adv. Injury $1,000,000 Products/Completed Operations $1,000,000 B. Endorsements Required City of Miami listed as an additional insured Contingent and Contractual Liability Premises and Operations Liability Primary Insurance Clause Endorsement II. Business Automobile Liability A. Limits of Liability Bodily Injury and Property Damage Liability Combined Single Limit Any Auto Including Hired, Borrowed or Non -Owned Autos Any One Accident $ 1,000,000 B. Endorsements Required City of Miami listed as an additional insured III. Worker's Compensation Limits of Liability Statutory -State of Florida Waiver of Subrogation Employer's Liability A. Limits of Liability $100,000 for bodily injury caused by an accident, each accident $100,000 for bodily injury caused by disease, each employee $100,000 for bodily injury caused by disease, policy limit 27 Employee Benefit Consulting Services City of Miami, Florida RFP 1896386 IV. Professional Liability/Errors and Omissions Coverage Combined Single Limit Each Claim $5,000,000 General Aggregate Limit $5,000,000 Retro Date Included V. Umbrella Liability A. Each Claim $2,000,000 Policy Aggregate $2,000,000 B. Endorsements Required City of Miami listed as additional insured Coverage is excess follow form over all applicable liability policies contained herein Successful Proposer agrees to maintain professional liability / Errors & Omissions coverage, for a minimum of two (2) years after termination of the contract period subject to continued availability of commercially reasonable terms and conditions of such coverage. BINDERS ARE UNACCEPTABLE. The insurance coverage required shall include those classifications, as listed in standard liability insurance manuals, which most nearly reflect the operations of the bidder. All insurance policies required above shall be issued by companies authorized to do business under the laws of the State of Florida, with the following qualifications: The Company must be rated no less than "A-" as to management, and no less than "Class V" as to financial strength, by the latest edition of Best's Insurance Guide, published by A.M. Best Company, Oldwick, New Jersey, or its equivalent. All policies and/or certificates of insurance are subject to review and verification by Risk Management prior to insurance approval. Certificates will indicate no modification or change in insurance shall be made without thirty (30) days written advance notice to the certificate holder. NOTE: CITY RFP NUMBER AND/OR TITLE OF RFP MUST APPEAR ON EACH CERTIFICATE. Compliance with the foregoing requirements shall not relieve the bidder of his liability and obligation under this section or under any other section of this Agreement. --If insurance certificates are scheduled to expire during the contractual period, the Successful Proposer shall be responsible for submitting new or renewed insurance certificates to the City at a minimum of ten (10) calendar days in advance of such expiration. --In the event that expired certificates are not replaced with new or renewed certificates which 28 Employee Benefit Consulting Services City of Miami, Florida RFP 1896386 cover the contractual period, the City shall: (1) Suspend the contract until such time as the new or renewed certificates are received by the City in the manner prescribed in the Request for Proposal. (2) The City may, at its sole discretion, terminate this contract for cause and seek re -procurement damages from the Successful Proposer in conjunction with the General and Special Terms and Conditions of the Request for Proposal. The Successful Proposer shall be responsible for assuring that the insurance certificates required in conjunction with this Section remain in force for the duration of the contractual period; including any and all option terms that may be granted to the Successful Proposer. The above policies shall provide the City of Miami with written notice of cancellation or material change from the insurer in accordance to policy provisions. 29 Employee Benefit Consulting Services City of Miami, Florida RFP 1896386 EXHIBIT E COMPANY RESOLUTION AND EVIDENCE OF QUALIFICATION TO DO BUSINESS IN FLORIDA 30 Employee Benefit Consulting Services City of Miami, Florida RFP 1896386 WHEREAS, COMPANY RESOLUTION (Company Name), a (State and type of incorporation, e.g., New York Corporation/LLC), desires to enter into an agreement with the City of Miami ("City" for the purpose of performing the Services described in the Supplement to which this resolution is attached; and WHEREAS, the Board of Managers at a duly held company meeting has considered the matter in accordance with the bylaws of the company; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF MANAGERS that this company is authorized to enter into the Supplement with the City, and (1st !1,} f {' Name), the i (1st Title), and (2nd Name), the (2nd Title), are hereby authorized and directed to execute the Supplement in the name of this Company and to execute any other document and perform any acts in connection therewith as may be required to accomplish its purpose. r IN WITNESS WHEREOF, this day of , 20 An UJ oak ;rt;i 1WV 4 LLc ("Full Name of Company") (State and type of incorporation) By: aeL) (Signature)of 1st Name above) Name & Title: ‘' t L3'i Q'tTl/ev (print) By: (Signature of 2nd Name above) Name & Title: (print) 23 Employee Benefit Consulting Services City of Miami, Florida RFP 1896386 EXHIBIT F ANTI HUMAN -TRAFFICKING AFFIDAVIT 31 Employee Benefit Consulting Services City of Miami RFP #1896386 — Employee Benefit Consulting Services Attachment F, Human Trafficking Affidavit: 1 1 ATTACHMENT F ANTI -HUMAN TRAFFICKING AFFIDAVIT 1. The undersigned affirms, certifies, attests, and stipulates as follows: a. The entity is a non -governmental entity authorized to transact business in the State of Florida and in good standing with the Florida Department of State, Division of Corporations. b. The nongovernmental entity is either executing, renewing, or extending a contract (including, but not limited to, any amendments, as applicable) with the City of Miami ("City") or one of its agencies, authorities, boards, trusts, or other City entity which constitutes a governmental entity as defined in Section 287.138(1), Florida Statutes (2024). c. The nongovernmental entity is not in violation of Section 787.06, Florida Statutes (2024), titled "Human Trafficking." d. The nongovernmental entity does not use "coercion' for labor or services as defined in Section 787.06, Florida Statutes (2024), attached and incorporated herein as Exhibit Affidavit- I. Under penalties of perjury, I declare the following: a. I have read and understand the foregoing Anti -Human Trafficking Affidavit and that the facts, statements and representations provided in Section I are true and correct. b. I am an officer or a representative of the nongovernmental entity authorized to execute this Anti - Human Trafficking Affidavit. Nongovernmental Entity: Corporate Synergies Group, LLC dba Foundation Risk Partners Public Entity Services 1,41 Name: Eric Brewer Officer Title: Vice President, Senior Consultant Signature of Officer: Office Address: 780 W. Granada Blvd„ Ormond Beach, FL 32174 Email Address: Fric.Brewer@corpsyn.com FEIN No. 2/0 -116 !2 / 2/5 /8 /1 STATE OF FLORIDA COUNTY OF MIAMI-DADE Main Phone Number: 386-999-0001 The forego' n i tru nt was swom to 94 subscribed before me by means of4111 physical presence or O online notarization, this 9 day of ctjk e by Ed"`t(. as the vutho.rigied officer or representative for the nongovernmental entity.. He/she is personally known to me or has produced a 01s identification. (NO 'iFF" "... LA RA E RIVERA +P, '. Notary Public - State of Florida I Commission K HH 214285 - .°.. My Comm. Expires Jan tr, 202o I Bonded through National Notary Min. I My Commission Expires: Sig yiteir,e f P pak Oa ,( 1 (Printed, Typed, or Stamped Name of Notary Public) 780 W. Granada Blvd. Ormond Beach, FL 32174 Page 13 FOUNDATION PUBLIC ENTITY SERVICES 10/2/25, 3:55 PM Detail by Entity Name DIVISION OF CORPORATIONS / f J(' i ` i i»I : of ( � :2-(%( Org :�1 0 r) rr) 2 rrrr official 5ta19 of Florida weir.ite Department of State / Division of Corporations / Search Records / Search by Entity Name / Detail by Entity Name Foreign Limited Liability Company CORPORATE SYNERGIES GROUP, LLC Filing Information Document Number M10000005304 FEI/EIN Number 20-1622581 Date Filed 12/02/2010 State DE Status ACTIVE Last Event LC STMNT OF RA/RO CHG Event Date Filed 05/15/2024 Event Effective Date NONE Principal Address 780 W. Granada Boulevard Ormond Beach, FL 32174 Changed: 04/06/2024 Mailing Address 780 W. Granada Boulevard Ormond Beach, FL 32174 Changed: 03/17/2025 Registered Agent Name & Address REGISTERED AGENT SOLUTIONS, INC. 1200 SOUTH PINE ISLAND ROAD PLANTATION, FL 33324 Name Changed: 05/15/2024 Address Changed: 07/21/2025 Authorized Person(a) Detail Name & Address Title Manager, Co -CEO https://search.sunbiz.org/Inquiry/CorporationSearch/Search ResultDetail?inquirytype=EntityName&directionType=1 nitial&searchNameOrder=CORPOR... 1/3 10/2/25, 3:55 PM Bloom, Andrew 780 W. Granada Boulevard Ormond Beach, FL 32174 Title Manager, Co -CEO Lisa, Mike 780 W. Granada Boulevard Ormond Beach, FL 32174 Title Manager Ambrosia , Daniel 780 W. Granada Boulevard Ormond Beach, FL 32174 Title Manager Lydecker , Charles 780 W. Granada Boulevard Ormond Beach, FL 32174 Title Manager Schwartz , Joel 780 W. Granada Boulevard Ormond Beach, FL 32174 Annual Reports Report Year Filed Date 2023 03/02/2023 2024 04/06/2024 2025 03/17/2025 Document Images 03/17/2025 --ANNUAL REPORT 05/15/2024 -- CORLCRACHG 04/06/2024 --ANNUAL REPORT 03/02/2023 --ANNUAL REPORT 04/04/2022 --ANNUAL REPORT 04/30/2021 --ANNUAL REPORT 04/28/2020 --ANNUAL REPORT 04/30/2019 --ANNUAL REPORT 04/30/2018 --ANNUAL REPORT 04/26/2017 --ANNUAL REPORT 04/11/2016 --ANNUAL REPORT 04/14/2015 --ANNUAL REPORT 03/11/2014 --ANNUAL REPORT 04/09/2013 --ANNUAL REPORT View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format Detail by Entity Name https://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=EntityName&directionType=1 nitial&searchNameOrder=CORPOR... 2/3 10/2/25, 3:55 PM 04/02/2012 --ANNUAL REPORT View image in PDF format 04/25/2011 --ANNUAL REPORT View image in PDF format 12/02/2010 -- Foreign Limited View image in PDF format Detail by Entity Name Florida Department of State, Division of Corporatia https://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=EntityName&directionType=1 nitial&searchNameOrder=CORPOR... 3/3 10/2/25, 3:56 PM sunbiz.org - Florida Department of State DIVISION OF CORPORATIONS ,/-,a►rF"P rj 'rIrIr an official 3tutt of Roth*, web3iie Previous on List Next on List Return to List No Filing History Fictitious Name Detail Fictitious Name FOUNDATION RISK PARTNERS PUBLIC ENTITY SERVICES Filing Information Registration Number G25000119663 Status ACTIVE Filed Date 09/12/2025 Expiration Date 12/31/2030 Current Owners 1 County MULTIPLE Total Pages 1 Events Filed NONE FEI/EIN Number NONE Mailing Address 780 W. GRANADA BLVD. ORMOND BEACH, FL 32174 Owner Information CORPORATE SYNERGIES GROUP, LLC 780 W. GRANADA BLVD. ORMOND BEACH, FL 32174 FEI/EIN Number: 20-1622581 Document Number: M10000005304 Document Images 09/12/2025 -- Fictitious Name Filing Fictitious Name Search Submit View image in PDF format Previous on List Next on List Return to List Fictitious Name Search No Filing History Submit Florida Department of State, Division of Corporations https://dos.sunbiz.org/scripts/ficidet.exe?action=DETREG&docnum=G25000119663&rdocnum=G20000164841 1/1 City of Miami Solicitation RFP 1896386 Solicitation RFP 1896386 Employee Benefit Consulting Services Solicitation Designation: Public 8/20/2024 9:24 AM p. 1 City of Miami Solicitation RFP 1896386 City of Miami 8/20/2024 9:24 AM p. 2 City of Miami Solicitation RFP 1896386 Solicitation Number Solicitation Title Solicitation Start Date Solicitation End Date Question &Answer End Date Solicitation Contact Contract Duration Contract Renewal Prices Good for Item Solicitation RFP 1896386 Employee Benefit Consulting Services RFP 1896386 Employee Benefit Consulting Services Aug 16, 2024 5:25:55 PM EDT Sep 6, 2024 5:00:00 PM EDT Aug 28, 2024 5:00:00 PM EDT Charles Johnson 305-416-1924 cjohnson@miamigov.com See Specifications 1 annual renewal 180 days Item Response Form RFP 1896386--01-01 - Please disregard this line item. See RFP Document Quantity 1 each Prices are not requested for this item. Delivery Location City of Miami City of Miami Department of Procurement 444SW2ndAve 6th Floor Miami FL 33130 Qty 1 Expected Expenditure $1.00 Description Please disregard this line item. See RFP Document. 8/20/2024 9:24 AM p. 3 City of Miami Solicitation RFP 1896386 Request for Proposals No. 1896386 City of Miami Request for Proposals (RFP) Procurement Department Miami Riverside Center 444 SW 2ndAvenue, 6th Floor Miami, Florida 33130 Web Site Address: www.miamigov.com/procurement RFP Number: Title: Issue Date/Time: RFP 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: 1896386 Employee Benefit Consulting Services Friday, August 16, 2024 Friday, September 6, 2024 at 5:00 PM Voluntary Wednesday, August 21, 2024 at 2:00 PM Virtual via Microsoft TEAMS Meeting ID 908 673 243# Passcode: xLvfct or via phone at (786) 598-2961 Phone Conference ID: 446 604 814# Wednesday, August 28, 2024 at 5:00 PM Johnson, Charles cjohnson@miamigov.com 8/20/2024 9:24 AM p. 4 City of Miami Solicitation RFP 1896386 Request for Proposals No. 1896386 Certification Statement Please quote on this form, if applicable, net prices for the item(s) listed. Return signed original and retain a copy for your files. Prices should include all costs, including transportation to destination. The City reserves the right to accept or reject all or any part of this submission. Prices should be firm for a minimum of 180 days following the time set for closing of the submissions. In the event of errors in extension of totals, the unit prices shall govern in determining the quoted prices. We (I) certify that we have read your solicitation, completed the necessary documents, and propose to furnish and deliver, F.O.B. DESTINATION, the items or services specified herein. The undersigned hereby certifies that neither the contractual party nor any of its principal owners or personnel have been convicted of any of the violations, or debarred or suspended as set in section 18-107 or Ordinance No. 12271. All exceptions to this submission have been documented in the section below (refer to paragraph and section). EXCEPTIONS: We (I) certify that any and all information contained in this submission is true; and we (I) further certify that this submission is made without prior understanding, agreement, or connection with any corporation, firm, or person submitting a submission for the same materials, supplies, equipment, or service, and is in all respects fair and without collusion or fraud. We (I) agree to abide by all terms and conditions of this solicitation and certify that I am authorized to sign this submission for the submitter. Please print the following and sign your name: PROPOSER NAME: ADDRESS: PHONE: FAX: EMAIL: CELL(Optional): SIGNED BY: TITLE: DATE: FAILURE TO COMPLETE, SIGN, AND RETURN THIS FORM SHALL DISQUALIFY THIS RESPONSE. 8/20/2024 9:24 AM p. 5 City of Miami Solicitation RFP 1896386 Certifications Legal Name of Firm: Request for Proposals No. 1896386 Firm's Federal Employer Identification Number ("FEIN"): Entity Type: Partnership, Sole Proprietorship, Corporation, etc. Year Established: Office Location: City of Miami, Miami -Dade County, or Other Business Tax Receipt/Occupational License Number: Business Tax Receipt/Occupational License Issuing Agency: Business Tax Receipt/Occupational License Expiration Date: Will Subcontractor(s) be used? (Yes or No) If subcontractor(s) will be utilized, provide their name, address and the portion of the work they will be responsible for under this contract (a copy of their license(s) must be submitted with your bid response). If no subcontractor(s) will be utilized, please insert N/A.: Please list and acknowledge all addendum/addenda received. List the addendum/addenda number and date of receipt (i.e. Addendum No. 1, 1/1/24). If no addendum/addenda was/were issued, please insert N/A. Has Proposer reviewed the attached Sample Professional Services Agreement? Yes / No 8/20/2024 9:24 AM p. 6 City of Miami Solicitation RFP 1896386 Request for Proposals No. 1896386 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 #2 Term, #6 Audit and Inspection Rights and Records Retention, #8 Public Records, #9 Compliance with Federal, State and Local Laws, #10 Indemnification/Hold Harmless/Duty to Defend, #13 Termination; Obligation Upon Termination, #15 Nondiscrimination, and # 23 City Not Liable for Delays) are non-negotiable. 8/20/2024 9:24 AM p. 7 City of Miami Solicitation RFP 1896386 Request for Proposals No. 1896386 IMPORTANT NOTICE TO PROPOSERS • FAILURE TO COMPLETE, SIGN, AND UPLOAD THE CERTIFICATION STATEMENT, CERTIFICATIONS SECTION AND ATTACHMENT, PRICE PROPOSAL, WILL RENDER YOUR PROPOSAL NON -RESPONSIVE. • ATTACHMENT FILES SHALL BE NO MORE THAN 250MB IN SIZE EACH, SHOULD THERE BE A NEED FOR A LARGER SIZE FILE TO BE UPLOADED SPLIT IN MULTIPLE FILES. • CONTACT BIDSYNC VENDOR SUPPORT TOLL -FREE NUMBER 800-990-9339, EMAIL SUPPORT(&BIDSYNC.COM, OR SUPPORT.BIDSYNC.COM FOR BIDSYNC TECHNICAL DIFFICULTIES AND/OR ISSUES. 8/20/2024 9:24 AM p. 8 City of Miami Solicitation RFP 1896386 Request for Proposals No. 1896386 Table of Contents Terms and Conditions 1. General Terms and Conditions 1.1. GENERAL TERMS AND CONDITIONS 2. Special Conditions 2.1. PURPOSE 2.2. VOLUNTARY 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. LIVING WAGE ORDINANCE 2.7. PROPOSERS MINIMUM QUALIFICATIONS 2.8. REFERENCES 2.9. LOCAL PREFERENCE 2.10EXECUTION OF AN AGREEMENT 2.11. INSURANCE REQUIREMENTS 2.12. PROJECT MANAGER 2.13. SUBCONTRACTOR(S) OR SUBCONSULTANT(S) 2.14. REMOVAL OF EMPLOYEES/SUBCONTRACTORS 2.15. UNAUTHORIZED WORK 2.16. CHANGES/ALTERATIONS 2.17. COMPENSATION 2.18. METHOD OF PAYMENT 2.19. EVALUATION/SELECTION PROCESS AND CONTRACT AWARD 2.20. RECORDS 2.21. ADDITIONAL SERVICES 2.22. TRUTH IN NEGOTIATION CERTIFICATE 2.23. NON -APPROPRIATION OF FUNDS 2.24. FAILURE TO PERFORM 2.25. TERMINATION 2.26. ADDITIONAL TERMS AND CONDITIONS 2.27. E-VERIFY EMPLOYMENT VERIFICATION REQUIREMENTS 2.28. ANTITRUST VIOLATOR VENDORS 2.29. ANTI -HUMAN TRAFFICKING 3. Specifications 3.1. SPECIFICATIONS/SCOPE OF WORK 4. Submission Requirements 4.1. SUMISSION REQUIREMENTS 5. Evaluation Criteria 5.1. EVALUATION CRITERIA 8/20/2024 9:24 AM P. 9 City of Miami Solicitation RFP 1896386 Request for Proposals No. 1896386 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 RFP, 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, 8/20/2024 9:24 AM p. 10 City of Miami Solicitation RFP 1896386 Request for Proposals No. 1896386 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. 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 attorney'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: 8/20/2024 9:24 AM p. 11 City of Miami Solicitation RFP 1896386 Request for Proposals No. 1896386 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 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. 8/20/2024 9:24 AM p. 12 City of Miami Solicitation RFP 1896386 Request for Proposals No. 1896386 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. 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 8/20/2024 9:24 AM p. 13 City of Miami Solicitation RFP 1896386 Request for Proposals No. 1896386 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. 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 8/20/2024 9:24 AM p. 14 City of Miami Solicitation RFP 1896386 Request for Proposals No. 1896386 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@miamigov.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 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 8/20/2024 9:24 AM p. 15 City of Miami Solicitation RFP 1896386 Request for Proposals No. 1896386 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). 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 8/20/2024 9:24 AM p. 16 City of Miami Solicitation RFP 1896386 Request for Proposals No. 1896386 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 party's right to seek judicial relief. 8/20/2024 9:24 AM p. 17 City of Miami Solicitation RFP 1896386 Request for Proposals No. 1896386 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. 8/20/2024 9:24 AM p. 18 City of Miami Solicitation RFP 1896386 Request for Proposals No. 1896386 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. 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 governing 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. 8/20/2024 9:24 AM p. 19 City of Miami Solicitation RFP 1896386 Request for Proposals No. 1896386 1.32 ENTIRE BID CONTRACT OR AGREEMENT - The Bid Contract or Agreement consists of this City of Miami Formal Solicitation and specifically this General Conditions Section, Contractor's Response and any written agreement entered into by the City of Miami and Contractor in cases involving RFPs, RFQs, and RFLIs, and represents the entire understanding and agreement between the parties with respect to the subject matter hereof and supersedes all other negotiations, understanding and representations, if any, made by and between the parties. To the extent that the agreement conflicts with, modifies, alters or changes any of the terms and conditions contained in the Formal Solicitation and/or Response, the Formal Solicitation and then the Response shall control. This Contract may be modified only by a written agreement signed by the City of Miami and Contractor. 1.33 ESTIMATED QUANTITIES - Estimated quantities or estimated dollars are provided for your guidance only. No guarantee is expressed or implied as to quantities that will be purchased during the contract period. The City is not obligated to place an order for any given amount subsequent to the award of this contract. Said estimates may be used by the City for purposes of determining the 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 8/20/2024 9:24 AM p. 20 City of Miami Solicitation RFP 1896386 Request for Proposals No. 1896386 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. 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. 8/20/2024 9:24 AM p. 21 City of Miami Solicitation RFP 1896386 Request for Proposals No. 1896386 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 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 8/20/2024 9:24 AM p. 22 City of Miami Solicitation RFP 1896386 Request for Proposals No. 1896386 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 internal practices, books and records related to PHI available to the City of Miami for compliance audits. PHI shall maintain its protected status regardless of the form and method of transmission (paper records, and/or electronic transfer of data). The 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 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. 8/20/2024 9:24 AM p. 23 City of Miami Solicitation RFP 1896386 Request for Proposals No. 1896386 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 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 8/20/2024 9:24 AM p. 24 City of Miami Solicitation RFP 1896386 Request for Proposals No. 1896386 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 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 8/20/2024 9:24 AM p. 25 City of Miami Solicitation RFP 1896386 Request for Proposals No. 1896386 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 Depaitinent 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 8/20/2024 9:24 AM p. 26 City of Miami Solicitation RFP 1896386 Request for Proposals No. 1896386 construction projects are solicited under a distinctly different solicitation process and shall not be purchased under the terms, conditions and awards rendered under this solicitation, unless such purchases are determined to be in the best interest of the City. 1.56 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 8/20/2024 9:24 AM p. 27 City of Miami Solicitation RFP 1896386 Request for Proposals No. 1896386 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 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. 8/20/2024 9:24 AM p. 28 City of Miami Solicitation RFP 1896386 Request for Proposals No. 1896386 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 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. 8/20/2024 9:24 AM p. 29 City of Miami Solicitation RFP 1896386 Request for Proposals No. 1896386 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. 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) 8/20/2024 9:24 AM p. 30 City of Miami Solicitation RFP 1896386 Request for Proposals No. 1896386 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 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 8/20/2024 9:24 AM p. 31 City of Miami Solicitation RFP 1896386 Request for Proposals No. 1896386 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 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 8/20/2024 9:24 AM p. 32 City of Miami Solicitation RFP 1896386 Request for Proposals No. 1896386 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 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. 8/20/2024 9:24 AM p. 33 City of Miami Solicitation RFP 1896386 Request for Proposals No. 1896386 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 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. 8/20/2024 9:24 AM p. 34 City of Miami Solicitation RFP 1896386 Request for Proposals No. 1896386 1.77 SELLING, TRANSFERRING 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 RFP 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. 8/20/2024 9:24 AM p. 35 City of Miami Solicitation RFP 1896386 Request for Proposals No. 1896386 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 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. 8/20/2024 9:24 AM p. 36 City of Miami Solicitation RFP 1896386 Request for Proposals No. 1896386 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 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. 8/20/2024 9:24 AM p. 37 City of Miami Solicitation RFP 1896386 Request for Proposals No. 1896386 2. Special Conditions 2.1. PURPOSE The purpose of this Solicitation is to establish a contract, for Employee Benefit Consulting Services, as specified herein, from a source(s), that will provide prompt and efficient service, fully compliant with the terms, conditions and stipulations of the Solicitation. 2.2. VOLUNTARY PRE -PROPOSAL CONFERENCE A Virtual Voluntary pre -proposal conference will be held Wednesday, August 21, 2024 at 2:00 PM, via Teams Meeting ID 908 673 243# ; Passcode: xLvfct, or via phone (786) 598-2961; Phone Conference ID — 446 604 814#. 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 RFP will be included in an addendum, that will be distributed through BidSync, following the Pre -Proposal Conference to all the attendees. Because the City considers the Pre -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 the BidSync Portal. All questions must be received no later than Wednesday, August 28, 2024 @ 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 Successful Proposer shall be required to execute a Professional Service Agreement ("Contract") with the City, which shall include, but not be limited to, the following terms: (1) The term of the Contract shall be for three (3) years with an option to renew for two (2) additional one (1) year periods. (2) The City shall have the option to extend or terminate the Contract. Continuation of the contract beyond the initial period is a City prerogative; not a right of the Proposer. This prerogative will be exercised only when such continuation is clearly in the best interest of the City. 2.5. 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 8/20/2024 9:24 AM p. 38 City of Miami Solicitation RFP 1896386 Request for Proposals No. 1896386 2.6. 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 FL. Stat. § 287.055, and Section 18-87 of the City Code, and/or the other exclusions provided by Section 18-557 of the City Code. Section 18-557 is attached as Attachment A, and is located in the Documents Section of BidSync. Please refer to Attachment A, Section 18-557 in the Solicitation. If a solicitation requires services, effective on January 1, 2017, contractors must pay to all its employees, who provide services, a living wage of no less than $15.00 per hour without health benefits; or a wage of no less than $13.19 an hour, with health benefits. This language is only a summary of the key provisions of the City of Miami Living Wage Ordinance. Please review Attachment A, attached hereto, for a complete and thorough description of the City of Miami Living Wage Ordinance. 2.7. PROPOSERS' MINIMUM QUALIFICATIONS For a Proposer to be deemed responsive, the following minimum qualification requirements cited below shall be satisfied. In determining said responsiveness, each such minimum qualification requirement shall be addressed in detail in the Proposal submittal. Failure to meet each such following minimum qualification requirement and/or failure to provide sufficient detailed documentation concerning the same, shall result in the Proposal being deemed non -responsive. Proposers Shall: A. Have at least ten (10) years continuous experience, with the same Federal Employer Identification Number, providing employee health benefit consulting services, similar in scope as described in the RFP, Section 3.1, Specifications/Scope of Services, for public sector groups of 3,000 employees or greater; B. Be an active registered corporation with the State of Florida Department of State, Division of Corporations; C. Must be an independent consulting firm and not affiliated with any insurance company, third party administration agency, or insurance provider network. D. Have a Lead Managing Consultant, who will be assigned to the City of Miami account, who possesses a minimum of seven (7) years' experience in progressively responsible administrative oversight of public sector benefits, and the application of State of Florida regulations, as of the proposal submission date; and E. 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. 8/20/2024 9:24 AM p. 39 City of Miami Solicitation RFP 1896386 Request for Proposals No. 1896386 F. Not have a member, principal, officer, or stockholder who is 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. Submittals that do not address each of the above stipulated requirements within its proposal submission, shall be considered non -responsive and eliminated from the process. 2.8. REFERENCES Each proposal MUST be accompanied by a list of three (3) references submitted on Attachment B — Reference Submittal form for projects performed for government clients, which shall include for each project, the name of the organization, dates covering the term of the contract; description of the scope of work; client contact person and phone number, and statement of whether Proposer was the prime contractor or subcontractor. 2.9 LOCAL PREFERENCE Proposers wishing to apply for the local office preference shall comply with the General Terms and Conditions, Section 1.48 Local Preference of this solicitation and with Section 18-73 of the City of Miami Procurement Code, titled "Definitions", and shall submit with the Proposal at the time of the Proposal due date the following: • Completion and submission of the attached City of Miami Local Office Certification Form provided as Attachment C, located in the Documents Section in BidSync; • Submission of a copy of the Proposer's lease documents at the location being deemed a City of Miami Local Office; • Submission of a City of Miami Business Tax Receipt; • Submission of a Miami Dade County Business Tax Receipt; and • Submission of a copy of the license, certificate of competency, and certificate of use that authorizes the performance of the Proposer. 2.10 EXECUTION OF AN AGREEMENT The Successful Proposer, evaluated and ranked in accordance with the requirements of this Solicitation, shall be awarded an opportunity to negotiate a Professional Services Agreement ("PSA") with the City. The City reserves the right to execute or not execute, as applicable a PSA with the Successful Proposer in substantially the same form as the 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. 2.11. INSURANCE REQUIREMENTS INDEMNIFICATION Successful Proposer shall indemnify, hold and save harmless, and defend (at its own cost and expense), the City, its officers, agents, directors, and/or employees, from all liabilities, damages, losses, judgments, 8/20/2024 9:24 AM p. 40 City of Miami Solicitation RFP 1896386 Request for Proposals No. 1896386 and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness, negligent act or omission, or intentional wrongful misconduct of Successful Proposer and persons employed or utilized by Successful Proposer in the performance of this Contract. Successful Proposer shall further, hold the City, its officials and employees, indemnify, save and hold harmless for, and defend (at its own cost), the City its officials and/or employees against any civil actions, statutory or similar claims, injuries or damages arising or resulting from the permitted Work, even if it is alleged that the City, its officials, and/or employees were negligent. In the event that any action or proceeding is brought against the City by reason of any such claim or demand, the Successful Proposer shall, upon written notice from the City, resist and defend such action or proceeding by counsel satisfactory to the City. The Successful Proposer expressly understands and agrees that any insurance protection required by this Contract or otherwise provided by the Successful Proposer shall in no way limit the responsibility to indemnify, keep and save harmless and defend the City or its officers, employees, agents and instrumentalities as herein provided. The indemnification provided above shall obligate the Successful Proposer to defend, at its own expense, to and through trial, administrative, appellate, supplemental or bankruptcy proceeding, or to provide for such defense, at the City's option, any and all claims of liability and all suits and actions of every name and description which may be brought against the City, whether performed by the Successful Proposer, or persons employed or utilized by Successful Proposer. These duties will survive the cancellation or expiration of the Contract. This Section will be interpreted under the laws of the State of Florida, including without limitation and interpretation, which conforms to the limitations of Sections 725.06 and/or 725.08, Florida Statutes, as applicable and as amended. Successful Proposer shall require all subcontractors(s) agreements to include a provision that each subcontractor(s) will indemnify the City in substantially the same language as this Section. The Successful Proposer agrees and recognizes that the City shall not be held liable or responsible for any claims which may result from any actions or omissions of the Successful Proposer in which the City participated either through review or concurrence of the Successful Proposer's actions. In reviewing, approving or rejecting any submissions by the Successful Proposer or other acts of the Successful Proposer, the City, in no way, assumes or shares any responsibility or liability of the Successful Proposer or subcontractor(s) under this Contract. Ten dollars ($10) of the payments made by the City constitute separate, distinct, and independent consideration for the granting of this Indemnification, the receipt and sufficiency of which is voluntarily and knowingly acknowledged by the Successful Proposer. Note: Insurance Definitions, Conditions and Additional Requirements are provided as Attachment D to this solicitation which is located in the Documents Section of BidSync. The Successful Proposer shall furnish to City of Miami, c/o Procurement Depaitinent, 444 SW 2nd Avenue, 6th Floor, Miami, Florida 33130, Certificate(s) of Insurance which indicate that insurance coverage has been obtained which meets the requirements as outlined below: I. Commercial General Liability A. Limits of Liability Bodily Injury and Property Damage Liability Each Occurrence $ 1,000,000 8/20/2024 9:24 AM p. 41 City of Miami Solicitation RFP 1896386 B. General Aggregate Limit Personal and Adv. Injury Products/Completed Operations Endorsements Required City of Miami listed as additional insured Contingent & Contractual Liability Premises and Operations Liability Primary Insurance Clause Endorsement II. Business Automobile Liability Request for Proposals No. 1896386 $ 2,000,000 $ 1,000,000 $ 1,000,000 A. Limits of Liability Bodily Injury and Property Damage Liability Combined Single Limit Owned/Scheduled Autos Including Hired, Borrowed or Non -Owned Autos Any One Accident $ 1,000,000 B. Endorsements Required City of Miami listed as an additional insured III. Worker's Compensation Limits of Liability Statutory -State of Florida Waiver of Subrogation Employer's Liability A. Limits of Liability $1,000,000 for bodily injury caused by an accident, each accident $1,000,000 for bodily injury caused by disease, each employee $1,000,000 for bodily injury caused by disease, policy limit, IV. Professional Liability/Errors and Omissions Coverage Combined Single Limit Each Claim General Aggregate Limit Retro Date Included V. Umbrella Liability $ 5,000,000 $ 5,000,000 A Each Occurrence $ 2,000,000 Policy Aggregate $ 2,000,000 8/20/2024 9:24 AM p. 42 City of Miami Solicitation RFP 1896386 Request for Proposals No. 1896386 B. Endorsements Required City of Miami listed as additional insured Coverage is excess follow form over all applicable liability policies contained herein Consultant agrees to maintain professional liability/Errors & Omissions coverage for a minimum of 2 years after termination of the contract period subject to continued availability of commercially reasonable terms and conditions of such coverage. The above policies shall provide the City of Miami with written notice of cancellation or material change from the insurer in accordance with policy provisions. Companies authorized to do business in the State of Florida, with the following qualifications, shall issue all insurance policies required above: The company must be rated no less than "A-" as to management, and no less than "Class V" as to Financial Strength, by the latest edition of Best's Insurance Guide, published by A.M. Best Company, Oldwick, New Jersey, or its equivalent. All policies and /or certificates of insurance are subject to review and verification by Risk Management prior to insurance approval. 2.12. PROJECT MANAGER Upon award, Successful Proposer shall report and work directly with Ann -Marie Sharpe, Director, Risk Management, or designee, who shall be designated as the Project Manager for the City. 2.13. SUBCONTRACTOR(S) OR SUBCONSULTANT(S) A Sub -Consultant, herein known as Sub-Contractor(s) is an individual or firm contracted by the Proposer or Proposer's firm to assist in the performance of services required under this Solicitation. Sub -Contractors shall be paid through Proposer or Proposer's firm and not paid directly by the City. Sub -Contractors are allowed by the City in the performance of the services delineated within this Solicitation. Proposer must clearly reflect in its Proposal the major Sub-Contractor(s) to be utilized in the performance of required services. The City retains the right to accept or reject any Sub -Contractors proposed in the response of Successful Proposer(s) or prior to contract execution. Any and all liabilities regarding the use of a Sub-Contractor(s) shall be borne solely by the Successful Proposer(s) and insurance for each Sub-Contractor(s) must be maintained in good standing and approved by the City throughout the duration of the Contract. Neither Successful Proposer(s) nor any of its Sub -Contractors are considered to be employees or agents of the City. Failure to list all Sub -Contractors and provide the required information may disqualify any proposed Sub -Contractors from performing work under this Solicitation. Proposers shall include in their Responses the requested Sub -Contractor information and include all relevant information required of the Proposer. In addition, within five (5) working days after the identification of the award to the Successful Proposer(s), the Successful Proposer(s) shall provide a list confirming the Sub -Contractors that the Successful Proposer(s) intends to utilize in the Contract, if applicable. The list shall include, at a minimum, the name, location of the place of business for each Sub -Contractor, the services Sub -Contractor will provide relative to any contract that may result from this Solicitation, any applicable licenses, references, ownership, and other information required of 8/20/2024 9:24 AM p. 43 City of Miami Solicitation RFP 1896386 Request for Proposals No. 1896386 Proposer. 2.14. REMOVAL OF EMPLOYEES / SUBCONTRACTORS All employees of the Successful Proposer and Subcontractor(s)'s, if applicable, shall be considered to be, at all times, employees of the Successful Proposer and Subcontractor(s) under its sole direction and not employees or agents of the City. The Successful Proposer and Subcontractor(s) shall supply competent and capable employees. The City may require the Successful Proposer or Subcontractor(s) to remove an employee(s) the City deems careless, incompetent, insubordinate or otherwise objectionable and whose continued employment under this contract is not in the best interest of the City. 2.15. UNAUTHORIZED WORK The Successful Proposer shall not begin work until a Purchase Order and/or a Notice to Proceed are received. 2.16. CHANGES/ALTERATIONS Proposer may change or withdraw a Proposal at any time prior to Proposal submission deadline; however, no oral modifications will be allowed. Written modifications shall not be allowed following the proposal deadline. 2.17. COMPENSATION Each Proposer shall detail any and all fees and costs to provide the required services as detailed in Section 3, Scope of Services herein, on Attachment E, Price Proposal. The City reserves the right to add or delete any service, at any time. Should the City determine to add an additional service(s), for which pricing was not previously secured, the City will request that the Successful Proposer provide reasonable cost for same. Should the City determine the pricing to be unreasonable, the City reserves the right to negotiate the cost, or seek another vendor for the provision of said service(s). Failure to submit a Price Proposal (Attachment E) as required shall disqualify Proposer from consideration. Attachment E is located in the Documents Section of BidSpnc. 2.18. METHOD OF PAYMENT Payment will be made upon receipt and acceptance of invoices. No partial down payments will be made. 2.19. 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; 8/20/2024 9:24 AM p. 44 City of Miami Solicitation RFP 1896386 Request for Proposals No. 1896386 (4) Procurement staff will review each submission for compliance with the submission requirements of the solicitation, including verifying that each submission includes all documents required; (5) An Evaluation Committee ("Committee"), appointed by the City Manager, comprised of appropriate City Staff and members of the community, as deemed necessary, with the appropriate technical expertise and/or knowledge, shall meet to evaluate each response in accordance with the requirements of this solicitation and based upon the evaluation criteria as specified herein; (6) The Committee reserves the right, in its sole discretion, to request Proposers to make oral presentations before the Committee as part of the evaluation process. The presentation may be scheduled at the convenience of the Committee and shall be recorded; (7) The Committee reserves the right to rank the proposals and shall make its recommendation to the City Manager requesting the authorization to negotiate. No Proposer(s) shall have any rights against the City arising from such negotiations thereof; (8) The City Manager reserves the right to reject the Committee's recommendation to negotiate, and instruct the Committee to re-evaluate and make another recommendation, or reject all proposals. No Proposer(s) shall have any rights against the City arising from such termination thereof; (9) If the City Manager accepts the Committee's recommendation to negotiate, Procurement will negotiate a final contract with the Successful Proposer, and submit a recommendation to award a contract (s) to the City Manager; (10) The City Manager shall then submit his or her award recommendation and negotiated contract(s) to the City Commission for approval. Written notice shall be provided to all Proposers. (11) If the City Manager accepts the award recommendation, the City Manager's recommendation for award of contract will be posted on the City of Miami Procurement Department website, in the Supplier Corner, Current Solicitations and Notice of Recommendation of Award Section. The notice of the City Manager's recommendation can be found by selecting the details of the solicitation and is listed as Recommendation of Award Posting Date and Recommendation of "Award To" fields. If "various" is indicated in the Recommendation of "Award To" field, the Proposer must contact the Contracting Officer for that solicitation to obtain the suppliers names. (12) After reviewing the City Manager's recommendation, the City Commission may: 1. Approve the City Manager's award recommendation and negotiated contract(s); 2. Reject all proposals; 3. Reject all proposals and instruct the City Manager to reissue a solicitation; or 4. Reject all proposals and instruct the City Manager to enter into competitive negotiations with at least three individuals or firms possessing the ability to perform such services and obtain information from said individuals or firms relating to experience, qualifications and the proposed cost or fee for said services, and make a recommendation to the City Commission. The decision of the City Commission shall be final. Written notice of the award shall be given to the Successful Proposer. 2.20. RECORDS During the contract period, and for a least five (5) subsequent years thereafter, Successful Proposer shall provide City access to all files and records maintained on the City's behalf. 2.21. ADDITIONAL SERVICES 8/20/2024 9:24 AM p. 45 City of Miami Solicitation RFP 1896386 Request for Proposals No. 1896386 Services not specifically identified in this Solicitation may be added to any resultant contract upon successful negotiation and mutual consent of the contracting parties. 2.22. TRUTH IN NEGOTIATION CERTIFICATE Execution of the resulting agreement by the Successful Proposer shall act as the execution of truth -in - negotiation certificate stating that wage rates and other factual unit costs supporting the compensation of the resulting Agreement are accurate, complete, and current at the time of contracting. The original contract price and any additions thereto shall be adjusted to exclude any significant sums by which City determines the contract price was increased due to inaccurate, incomplete, or non -current wage rates and other factual unit costs. All such contract adjustments shall be made within one (1) year following the end of the Agreement. 2.23. NON -APPROPRIATION OF FUNDS In the event no funds or insufficient funds are appropriated and budgeted or are otherwise unavailable in any fiscal period for payments due under this contract, then the City, upon written notice to the Successful Proposer or his/her assignee of such occurrence, shall have the unqualified right to terminate the contract without any penalty or expense to the City. No guarantee, warranty or representation is made that any project(s) will be awarded to any firm(s). 2.24. FAILURE TO PERFORM Should it not be possible to reach the Successful Proposer and/or should remedial action not be taken within forty-eight (48) hours of any failure to perform according to specifications, the City reserves the right to declare Successful Proposer in default of the contract or make appropriate reductions in the contract payment. 2.25. TERMINATION A. FOR DEFAULT If Successful Proposer defaults in its performance under this Contract and does not cure the default within thirty (30) days after written notice of default, the City Manager may terminate this Contract, in whole or in part, upon written notice without penalty to the City of Miami. In such event the Successful Proposer shall be liable for damages including the excess cost of procuring similar supplies or services: provided that if, (1) it is determined for any reason that the Successful Proposer was not in default or (2) the Successful Proposer's failure to perform is without his or his Subcontractor's control, fault or negligence, the termination will be deemed to be a termination for the convenience of the City of Miami. B. FOR CONVENIENCE The City Manager may terminate this Contract, in whole or in part, upon thirty (30) days prior written notice when it is in the best interest of the City of Miami. If this Contract is for supplies, products, equipment, or software, and so terminated for the convenience by the City of Miami the Successful 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. 2.26. ADDITIONAL TERMS AND CONDITIONS 8/20/2024 9:24 AM p. 46 City of Miami Solicitation RFP 1896386 Request for Proposals No. 1896386 No additional terms and conditions included as part of your solicitation response shall be evaluated or considered, and any and all such additional terms and conditions shall have no force or effect and are inapplicable to this solicitation. If submitted either purposely, through intent or design, or inadvertently, appearing separately in transmittal letters, specifications, literature, price lists or warranties, it is understood and agreed that the General Conditions and Special Conditions in this solicitation are the only conditions applicable to this solicitation and that the Proposer's authorized signature affixed to the Proposer's acknowledgment form attests to this. If a Professional Services Agreement ("PSA") or other Agreement is provided by the City and is expressly included as part of this solicitation, no additional terms or conditions which materially or substantially vary, modify or alter the terms or conditions of the PSA or Agreement, in the sole opinion and reasonable discretion of the City will be considered. Any and all such additional terms and conditions shall have no force or effect and are inapplicable to this PSA or Agreement. 2.27. E-VERIFY EMPLOYMENT VERIFICATION REQUIREMENTS Successful Proposer(s) shall E-Verify the employment status of all employees and subcontractors to the extent required by federal, state, and local laws, rules, and regulations. The City shall consider the employment by Successful Proposer(s) of unauthorized aliens a violation of Section 274A(e) of the Immigration and Nationality Act. If the Successful Proposer(s) knowingly employs unauthorized aliens, such violation shall be cause for termination of the Contract. Furthermore, the Successful Proposer(s) agrees to utilize the U.S. Agency of Homeland Security's E-Verify System, https://e- verify.uscis.gov/emp, to verify the employment eligibility of all employees during the term of this Contract. Successful Proposer(s) shall also include a requirement in subcontracts that the subcontractor shall also utilize the E-Verify System to verify the employment eligibility of all employees of the subcontractor during the term of this Contract. 2.28. ANTITRUST VIOLATOR VENDORS A person or an affiliate who has been placed on the Antitrust Violator Vendors List following a conviction or being held civilly liable for an antitrust violation may not submit a bid, proposal, or reply on any agreement to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on any agreement with a public entity for the construction or repair of a public building or public work; may not submit a bid, proposal, or reply on leases of real property to a public entity; may not be awarded or perform work as a grantee, supplier, subcontractor, or consultant under an agreement with a public entity; and may not transact new business with a public entity. 2.29. ANTI -HUMAN TRAFFICKING The Proposer confirms and certifies that it is not in violation of Section 787.06, Florida Statutes, and that it does not and shall not use "coercion" for labor or services as defined in Section 787.06, Florida Statutes. The Proposer shall execute and submit to the City an Affidavit, of even date herewith, in compliance with Section 787.06(13), Florida Statutes, attached an incorporated herein as Attachment F If the Proposer fails to comply with the terms of this Section, the City may suspend or terminate this Agreement immediately, without prior notice, and in no event shall the City be liable to Proposer for any additional compensation or for any consequential or incidental damages. 8/20/2024 9:24 AM p. 47 City of Miami Solicitation RFP 1896386 Request for Proposals No. 1896386 All Proposers shall be required to complete and submit with their proposals, Attachment F, Anti - Human Trafficking Affidavit. Failure to complete and submit Attachment F as required may result in proposals being deemed non -responsive. 8/20/2024 9:24 AM p. 48 City of Miami Solicitation RFP 1896386 Request for Proposals No. 1896386 3 SPECIFICATIONS / SCOPE OF WORK Background The City of Miami, ("City"), is contracting for the provision of a broad range of benefits consulting services in support of the City's Employee Benefits Program. The City's Employee Benefits program, administered by the Group Benefits Division of the City's Risk Management Department, provides a wide array of benefits to eligible employees, retirees, Consolidated Omnibus Budget Reconciliation ("COBRA") participants, and eligible dependents. Benefit plans include group medical, dental, vision, term life, supplemental life, voluntary loan program, pre -paid legal services, identity theft protection, Retiree Medicare Eligible Part D, disability, pension benefits, Internal Revenue Service ("IRS") Section 125 flexible spending accounts. A. General Requirements and Services to be Provided: The Successful Proposer's responsibilities shall include, but not be limited to: 1. Self -Funded Plan Performance and Monitoring and Auditing The successful Proposer shall: a) Monitor the performance of, and compliance with, all established contractual requirements of the self -funded medical plan, including reviewing, and approving any annually updated Summary(ies) of Benefit Coverage ("SBC") and similar documents, and/or amendments. b) Secure statistical reports, etc., directly from the third -party administrator's depository to evaluate and ensure compliance with contracted performance standard levels. Successful Proposer shall ascertain whether or not financial penalties for performance non-compliance have been properly recorded, and liquidated damages assessed against third -party administrator. c) Conduct bi-annual onsite claims audit of self -funded plans at administrator's facility, as deemed necessary by the City, to include review and compliance with contractually - established: (i) Performance Standards (ii) Payment Accuracy of Claims (iii) Coding Accuracy of Claims (iv) Plan Provisions Accuracy Any errors identified by Successful Proposer must be properly classified as financial or non- financial, and presented in a written findings report upon completion of the audit, to the Project Manager. d) Conduct a bi-annual audit of the Pharmacy Benefits Management Program ("PBM") Agreement, for the review and compliance of all formulary rebates, to determine if the City receives guaranteed rebate amounts, in accordance with contractual obligations. 8/20/2024 9:24 AM p. 49 City of Miami Solicitation RFP 1896386 Request for Proposals No. 1896386 e) Request directly from the City's Third -Party Administrator, the Quarterly Rebate and Annual Reconciliation Report, for the purpose of its review and subsequent briefing of the Project Manager on findings and conclusions. f) Assist in coordinating the compilation, verification and reporting of necessary census or reports for actuarial analyses and operational audits, as needed. 2. Strategic Review of Benefit Plan Designs The Successful Proposer shall: a) Monitor the performance of, and compliance with, all established contractual requirements of the City's multiple Employee Benefits Program. b) Analyze all current City employee benefit options and plans, and recommend changes as necessary, based upon market analysis, legislation, and availability, to better meet the City's multiple Employee Benefits Program's service objectives, identify opportunities for cost containment if applicable, and/or better terms of service. c) Attend the City's monthly Healthcare Insurance Committee meetings, comprised of Union leaders and/or representatives, City HR Labor, City Benefits and others, and provide technical and expert support to the City as part of its bargaining unit driven commitments. Support and responsibilities shall include, but are not limited to: (i) Assist in the agenda preparation of, and participate in, the meetings. (ii) Assist in documenting meeting minutes, provide feedback on prior meeting elevated or take -away items. (iii) Conduct in -person or virtual presentations as needed on topics such as, but not limited to: (a) Rates (b) Coverage Issues (c) Eligibility (d) Emerging Trends (e) Critical Success Factors (f) Financial Reports (iv) If needed assist in coordinating and co -hosting educational workshops/presentations on key legislation affecting any employee benefits for City Risk Management employees, union officials, fiduciary administrators, and other service providers. d) Provide strategic and operational, technical support to the City by identifying opportunities for enhancing current and future benefit plans, including funding designs, to broaden the reach and efficacy of City employee benefit offerings. e) Provide professional consulting, and legal advice on the review of recommended plan amendments, and for other benefits -related matters, as necessary, to ensure compliance with federal, state and local legislation. f) Strategize with the City on short-term and long-term health and wellness objectives in terms of benefits plan design and funding and alert the City of any significant variations that would warrant redesign. 8/20/2024 9:24 AM p. 50 City of Miami Solicitation RFP 1896386 g) Request for Proposals No. 1896386 Advise the City in establishing strategic goals with respect to the City's multiple employee benefit plans and the continuing branding of Risk's Employee Wellness Program, Stay Active Miami ("SAM"), for the purpose of improving the overall health of the employee population, while managing cost-effectiveness and increasing wellness engagement. h) Attend City health and wellness meetings scheduled monthly, weekly, or as needed by the City; assist in procuring and monitoring relationship with health and wellness vendors for City of Miami Group Benefits sponsored whole -health and wellness events, such as employee Health Fairs, educational seminars and/or similar events. 3. Federal, State and Local Legal Compliance, Research Services and Related Requirements The Successful Proposer shall: a) Provide research, advice, and interpretation of federal, state and local benefit regulations and legislation, upon the City's request. b) Provide professional consulting support and advice on specific research, compliance -related issues, and other general matters, as deemed necessary by the City. c) Provide timely updates, providing ample opportunity for the City to meet its fiduciary responsibilities and take appropriate action on any proposed and effectuated changes in the legal environment that affect employee benefits (i.e., Employee Retirement Income Security Act ("ERISA"), Patient Protection Affordable Care Act ("PPACA"), COBRA, Health Insurance Portability and Accountability Act ("HIPAA") and IRS Sections 123, etc.), including and tax law newsletters or special advisories released. d) Review plan design documents of self -funded medical and IRS Section 125 flexible benefits plans, for compliance with applicable governing laws. e) Obtain IRS private letter rulings for the City, as necessary and applicable, at the discretion of the City, in consultation with the Successful Proposer. f) Ensure compliance with all PPACA provisions/requirements. g) Provide necessary and supporting calculations for any benefits related to IRS payments / fees. 4. Development of Request for Proposals (RFP) / Request for Qualifications (RFQ) Proposal / Qualifications Review and Negotiations a) Provide assistance and technical expertise in the development of RFP's/RFQ's to be issued by the City on behalf of Risk. b) Provide assistance and technical expertise in reviewing competitive RFP's/RFQ's, including the establishment of appropriate performance standards, in development by the City. c) Assist in the formulation of technical responses to clarifications inquiries received from prospective proposers to be issued via addenda to an RFP/RFQ. d) Provide assistance in assessing qualifications and analyzing data provided in proposals received from prospective proposers. Successful Proposer may be required to participate as a 8/20/2024 9:24 AM p. 51 City of Miami Solicitation RFP 1896386 Request for Proposals No. 1896386 technical expert/non-voting member in the Evaluation/Selection Committee meetings as deemed necessary by the City, at its sole discretion. e) Test the adequacy of proposed provider and pharmacy networks, analyze hospital, physical and pharmacy discounts, perform geographic -access match studies and conduct medical provider/prescription disruption analyses. f) Provide assistance to the City, as deemed necessary by the City, in assessing the rates and fees proposed by the Proposers — and in negotiation strategy for competitive rates, discounts and services for current and future projects. 5. Other Related Duties The Successful Proposer Shall: a) Provide ongoing support, review and interpretation of plan provisions and IRS regulations for Section 125 flexible benefits plan; b) Develop employee communications, including formulation of employee surveys, and focus groups, as deemed necessary by the City. All findings and statistical analyses conducted shall be presented, in writing, to the Project Manager upon completion; c) Conduct Benefit Plan modeling, as requested by the City; d) Work collaboratively with other City consultants, and the Office of the City Attorney, and any other City representatives as deemed necessary by the City; e) Attend meetings with various providers under contract with the City, or with City staff not directly involved with the Employee Benefits Program, at the Project Manager's request; f) At the City's request, but not less than semi-annually, present to the City for consideration, a list of three (3) to five (5) critical topics that are relevant to employee benefit programs and health/welfare. The City will identify the topics that best align with its objectives, at the City's sole discretion. The Successful Proposer shall prepare an analysis that identifies observations and recommendations for the City to consider; Provide ad -hoc analysis and benefits related reporting to the City, as deemed necessary by the City; and h) Provide other related consulting services, as identified by the City. g) B. Meetings Successful Proposer shall be available for periodic meetings where deliverables are discussed. 8/20/2024 9:24 AM p. 52 City of Miami Solicitation RFP 1896386 Request for Proposals No. 1896386 4. Submission Requirements 4.1. SUBMISSION REQUIREMENTS Proposers shall carefully follow the format and instruction outlined below, observing format requirements as indicated. Proposals should contain the information itemized below and in the order indicated. This information should be provided for the Proposer and any sub -consultants to be utilized for the work contemplated by this Solicitation. Proposals submitted which do not include the following items may be deemed non -responsive and may not be considered for contract award. The Proposal shall be written in sufficient detail to permit the City to conduct a meaningful evaluation of the proposed services. However, overly elaborate responses are neither requested nor desired. Proposals must be submitted through BidSync Electronic Bidding System ("BidSync") no later than the date and time indicated within the RFP, in order to be considered. Faxed documents are not acceptable. Emailed submissions are not acceptable. Hardcopy submissions are not acceptable. Proposals must be timely submitted through BidSync, or the Proposal will be disqualified. 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. A. Include the signed RFP Certification Statement. B. Include in detail, evidence that clearly demonstrates Proposer meets or exceeds the minimum qualification requirements, pursuant to Section 2.7, Proposer's Minimum Qualifications C. Include the completed and signed Attachment F, Anti -Human Trafficking Affidavit 1. Cover Page The Cover Page should include the Proposer's name; Contact Person for the RFP; Firm's Liaison for the Contract; Primary Office Location; Local Business Address, if applicable; Business Phone and Fax Numbers, if applicable Email addresses; Title of RFP; RFP Number; and Federal Employer Identification Number. 2. Table of Contents The table of contents should outline, in sequential order, the major sections of the Proposal as listed below, including all other relevant documents requested for submission. All pages of the Proposal, including the enclosures, should be clearly and consecutively numbered and correspond to the table of contents. 3. Executive Summary A signed and dated summary of not more than two (2) pages containing Proposer's overall Qualifications and Experience and Technical Qualifications, as contained in the submittal. Proposer shall include the name of the organization, business phone and contact person and a summary of the work to be performed. 4. Proposer's, Relevant Experience, Qualifications. and Past Performance a) Describe the Proposer's organizational history and structure, past performance and state the 8/20/2024 9:24 AM p. 53 City of Miami Solicitation RFP 1896386 Request for Proposals No. 1896386 number of years the Proposer has been in business, using the same FEIN, providing a similar service(s). Provide the number of employees and the primary markets served, b) Provide a list of all principals, partners, officers, owners and/or directors of Proposer, including joint ventures and/or sub-consultant(s), if applicable. c)Indicate whether the City has previously awarded any contracts to the Proposer. If so, discuss the nature of the contract, types of services performed, and the term of the contract. d)Provide a list of five (5) comparable contract (similar in scope of services to those requested herein), which Proposer has either ongoing, or has completed within the past ten (10) years. The description should identify for each project: i. Client ii. Description of work iii. Total dollar value of the contract iv. Dates covering the term of the contract v. Client contact person and phone number vi. Statement of whether Proposer is/was the prime contractor or subcontractor; if Proposer was the subcontractor, name the Prime vii. Detail Proposer's responsibilities and the results of the project Specify whether or not the scheduled completion time for each project was met; if not met, please provide an explanation. Where possible, list and describe those projects performed for government clients or similar size private entities (excluding and work performed for the City of Miami). In the event that Proposer has not performed five (5) comparable contracts within the past ten (10) years, Proposer should provide information that demonstrates its ability to perform the required services, as detailed within Section 3, Scope of Services. e) Provide information concerning any prior or pending litigation or proceedings, either civil or criminal, involving Proposer, its partners, managers, other key staff members, and its professional activities or performance, that Proposer has been involved in which may affect the performance of the services to be rendered herein, if applicable. State the nature of the litigation, a brief description of each case, the outcome or projected outcome, and the monetary amounts involved. Discuss any bankruptcies involving Proposer, its partners, manager(s), or other key staff members, if applicable. f) Provide a minimum of three (3) references on Attachment B, Reference Submittal form, of clients to whom services of a similar nature were provided, as described within Section 2.8, References. The City reserves the right to contact any reference as part of the qualification process. g) Provide information or documentation to Proposer's qualifications and experience from which the City can benefit under this contract. 8/20/2024 9:24 AM p. 54 City of Miami Solicitation RFP 1896386 Request for Proposals No. 1896386 h) Describe any relevant industry/subject matter expertise, including any experience in the requested services listed herein, and any unique or proprietary project methodologies relevant to the requested services. 5. Relevant Experience and Qualifications of Key Personnel and Subcontractors Performing Services a) Provide an organizational chart showing the Proposer's Lead Managing Consultant and all key personnel, including their titles, to be assigned to this project. All key personnel include all partners, managers, seniors and other professional staff that will perform work and/or services in the project resulting from this solicitation. The chart must clearly identify the Proposer's employees and any subcontractors or sub -consultants. This information shall include the general functions to be performed by key individuals and the subcontractors or sub -consultants. b) Describe the experience, qualifications and other vital information, including number of years of relevant experience on previous similar projects, of the Lead Managing Consultant and all key personnel, who will be assigned to this project. c) . Provide resumes, if available, with job descriptions and other detailed qualification information on the Lead Managing Consultant and all key personnel who will be assigned to this project. Note: After proposal submission, but prior to the award of any contract issued as a result of this Solicitation, the Proposer has a continuing obligation to advise the City of any changes, intended or otherwise, to the Lead Managing Consultant and key personnel identified in its proposal. 6. Proposed Approach to Providing the Services a)Describe Proposer's approach to project organization and management, including the responsibilities of Proposer's Lead Managing Consultant and Proposer's key personnel, and key personnel of any subcontractor or sub -consultant, that will perform work in this project. b) Provide Proposer's operational plan that clearly indicates how the Proposer plans to provide the services requested in this Solicitation. The Proposer's operational plan must detail how the Proposer intends to fully satisfy all service requirements outlined within Item A, General Requirements and Services to be Provided, of Section 3.1, Specifications/Scope of Work, of this RFP. c) Describe in detail the manner in which Proposer will monitor the performance of the City's self -funded medical plan. d)Provide the recent, current, and projected workload of the Proposer, and the general workload of those key employees to be assigned to this engagement. Discuss in general the anticipated percentage of time to be dedicated to this engagement by each assigned staff member. e) Describe the methodology that will be used in order to audit the plan's compliance with all contractual / regulatory requirements. 1) Describe how Proposer has applied the proposed project approach in comparable contracts to make 8/20/2024 9:24 AM p. 55 City of Miami Solicitation RFP 1896386 Request for Proposals No. 1896386 recommendations to improve programs and describe the net effects of those recommendations. g) Provide a list of any additional services, not included in this Solicitation, that the Proposer can offer to the City. If Proposer is offering any additional, describe the services in detail. Note that services will be paid at the hourly rates provided on Form A, Price Proposal Schedule. The City has a right to negotiate said price. Note: The Evaluation Committee will use the information provided in the Proposal to determine the Proposer's understanding and ability to address the City's unique needs. 7. Price Proposal Proposer shall state its price for providing all services as stated within this Solicitation. Proposer shall submit pricing stated as a flat, fixed fee per year, which shall include all expenses necessary for the requested services. Proposer must use Attachment E - Price Proposal Form. 8/20/2024 9:24 AM p. 56 City of Miami Solicitation RFP 1896386 Request for Proposals No. 1896386 5. Evaluation Criteria 5.1. EVALUATION CRITERIA Each proposal will be reviewed to determine of the proposal is responsive to the submission requirements outlined in this solicitation. A responsive proposal is one which follows the requirements of the solicitation, includes all required documentation, is submitted in the format outlined in this solicitation, is of timely submission, and has appropriate signatures as applicable. failure to comply with these requirements may result in the proposals being deemed non -responsive. Proposals will be evaluated by an Evaluation Committee ("Committee") which shall evaluate and rank proposals on criteria listed below. The Committee will be comprised of appropriate City personnel and members of the community, as deemed necessary, with the appropriate experience and/or knowledge. The criteria are itemized with their respective weights for a maximum of one hundred (100) points per Committee member. Below are the criteria and weight: CRITERIA AND POINTS Proposer's Relevant Experience, Qualifications and Past Performance: Relevant Experience and Qualifications of Key Personnel and Subcontractors Performing Services: Proposer's approach to providing the services requested in this Solicitation: Price Proposal (25 Points) (20 Points) (35 Points) (20 Points) Five percent evaluation criterion in favor of Proposers who Maintain a local office as defined in Section 18-73," Definitions" of the City's Procurement Code will be applied to those who meet (4 Points) the criteria Pursuant to Section 2.10, Local Preference. Maximum Points Available: 104 Points The Price Proposal will be evaluated subjectively in combination with the technical proposal, including an evaluation of how well it matches Proposer's understanding of the City's needs. The pricing evaluation is used as part of the evaluation process to determine the highest ranked Proposer. The City reserves the right negotiate the terms, conditions, and pricing as may be in the best interest of the City. 8/20/2024 9:24 AM p. 57 City of Miami Solicitation RFP 1896386 ATTACHMENT A CITY OF MIAMI LIVING WAGE ORDINANCE ARTICLE X. - LIVING WAGE REQUIREMENTS FOR SERVICE CONTRACTS AND CITY EMPLOYEESIL Footnotes: --- (9) --- Now— Section 5 of Ord. No. 12787 states that this article shall be effective October 1, 2006. Editor's note— Prior to the adoption of Ord. No. 12787, Ord. No. 12623, § 2, adopted December 9, 2004, repealed article X, divisions 1-4, in its entirety, which pertained to the economic development financing authority and derived from Ord. No. 12062, § 3, adopted May 10, 2001. Sec. 18-556. - Definitions. City means the government of the City of Miami or any authorized agents, any board, agency, commission, department, or other entity thereof, or any successor thereto. Contract means any contract to provide services to the city in which the total value of the contract exceeds $100,000.00 per year. Contractor means any "for profit" individual, business entity, corporation, partnership, limited liability company, joint venture, or similar business entity which meets the following criteria: (1) The contractor is paid in whole or part from one or more of the city's general funds, capital project funds, special revenue funds, or any other funds, including, but not limited to, grants, donations, and the like, whether by competitive bid process, requests for proposals, or some other form of competitive solicitation, negotiation, or agreement, or any other decision to enter into a contract; and (2) The contractor is engaged in the business of or part of a contract to provide services for the benefit of the city. This section shall apply to employees of the contractor who spend the majority of their time on covered City of Miami service contracts. If the contract is for both goods and services it shall only apply to the services portion of such contract. This section shall not apply to contracts which are primarily for the sale or leasing of goods. Goods are defined in section 18-73 of the City Code. Covered employee means anyone employed by the city working more than 35 hours per week or any service contractor employee, working full or part-time, with or without benefits, that is involved in providing services under the service contractor's contract with the city. Covered employer means the city and any and all service contractors and subcontractors of a service contractor. Living wage means a wage that is as defined in section 18-557 of this Code. The living wage may be adjusted once annually by an amount equivalent to the cost of living adjustment for Miami -Dade County as published by the United States Department of Labor, Bureau of Labor Statistics. Language so stating will be included in all request for proposals, or other competitive solicitation documents, issued by the city for the procurement of services (unless the living wage provisions are excluded as provided in section 18-557 herein). New service contracts means those having contracts competitively solicited and awarded on or after January 1, 2017. Page 1 8/20/2024 9:24 AM p. 58 City of Miami Solicitation RFP 1896386 Service contract means a contract to provide services to the city excluding, however, professional services as defined by the "Consultants Competitive Negotiation Act" set forth in F.S. § 287.055, and section 18-87 of the City Code and/or the other exclusions provided by section 18-557 of the City Code. (Ord. No. 12787, § 2, 4-6-06; Ord. No. 13648, § 2, 11-17-16) Sec. 18-557. - Living wage. (a) Living wage paid. (1) New service contractors. All new service contracts shall pay to all its employees who provide covered 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 as defined in this section unless otherwise excluded pursuant to this article. (2) Existing service contracts. Service contracts awarded and effective or competitively solicited prior to January 1, 2017, shall not be subject to the payment of the living wage set forth in this section and shall continue to be governed by the terms and conditions of the respective solicitation and resulting contractual documents, when applicable. The living wage provisions shall apply to all contracts covered by this section unless specifically excluded by one or more subsections below: a. The living wage provision is disallowed by a federal or state law or regulation, grant requirements, or by a contract the city is accessing by "piggybacking", and which contract does not include a living wage provision; b. Funding sources for the contract disallow the living wage provision or provide contradictory funding requirements, or are contained in a contract awarded or solicited prior to the effective date of January 1, 2017, and which contract includes renewals or extensions; c. Professional service contracts awarded under the "Consultants Competitive Negotiation Act", F.S. § 287.055, for the professional services within the scope of the practice of architecture, professional engineering, landscape architecture, registered surveying, and/or mapping; d. The living wage provision is waived by the city commission by resolution, prior to issuance of the competitive solicitation document, upon written recommendation of the city manager or authorized designee, when the city commission finds it is in the best interest(s) of the city to approve such waiver, in which case the living wage provision shall not apply in the competitive solicitation document; or e. All responsible wage construction contracts covered by section 18-120 of this Code. (4) City employees. For covered employees of the city, the city will begin to pay the living wage on a phase - in basis over a nine-year period beginning with the 2006-2007 city budget year to be implemented in the 2014-2015 fiscal year. The city manager, in his sole discretion, without further city commission approval, shall have the option to consider whether it is in the city's best interest to complete the phase -in payment of living wage to city employees on a four-year period. Thereafter, the living wage to be paid by the city shall be subject to negotiations within the collective bargaining structure. (b) Health benefits; eligibility period. For a covered employer to comply with this article by choosing to pay the lower wage scale available when a covered employer also provides a standard health benefit plan, such health benefit plan shall consist of a payment of at least $1.81 per hour toward the provision of health benefits for covered employees and their dependents and shall be approved by the city. If the health benefit plan of the covered employer requires an initial period of employment for a new employee to be eligible for health benefits (the "eligibility period"), a covered employer may qualify to pay the $13.19 per hour wage scale for a term not to exceed the new employee's eligibility period, provided the new employee will be paid health benefits upon completion of the eligibility period, which period shall not exceed 90 days. (c) Certification required before payment. Any and all service contracts subject to this article shall be void, and no funds may be released, unless prior to entering any such contract with the city, the service contractor certifies to the city that it will pay each of its covered employees no less than the living wage. A copy of this Page 2 (3) 8/20/2024 9:24 AM p. 59 City of Miami Solicitation RFP 1896386 certificate must be made available to the public upon request. The certificate, at a minimum, must include the following: (1) The name, address, and phone number of the employer, a contact person, and the specific project for which the service contract is sought; (2) The amount of the service contract and the city department the contract will serve. (3) A brief description of the project or service provided; (4) A statement of the wage levels for all covered employees; and (5) A commitment to pay all covered employees the living wage. (d) Observation of other laws. Every covered employee shall be paid without subsequent deduction or rebate on any account (except as such payroll deductions as are directed or permitted by law or by a collective bargaining agreement). The service contractor shall pay covered employees wage rates in accordance with federal and all other applicable laws such as overtime and similar wage laws. (e) Posting. A copy of the living wage rate shall be kept posted by the service contractor subject to this article, at the site of the work in a prominent place where it can easily be seen and read by the covered employees and shall be supplied to such employees within a reasonable time after a request to do so. Additionally, service contractors subject to this article, shall furnish a copy of the requirements of this article to any entity submitting a bid for a subcontract on any service contract subject to this article. Posting requirements will not be required where the service contractor subject to this article, prints the following statements on the front of the covered employee's first paycheck and every six months thereafter. "You are required by the City of Miami Living Wage Ordinance to be paid a living wage. If you do not believe you are being paid at the living wage rate, contact your employer, an attorney, or the City of Miami." All notices will be printed in English, Spanish and Creole. (f) Collective bargaining. Nothing in this article shall be read to require or authorize any service contractor subject to this article, to reduce wages set by a collective bargaining agreement or as required under any prevailing wage law. (Ord. No. 12787, § 2, 4-6-06; Ord. No. 13110, § 2, 10-22-09; Ord. No. 13405, § 2, 9-26-13; Ord. No. 13648, § 2, 11-17-16) Sec. 18-558. - Implementation. (a) Maintenance of payroll records. Each service contractor to which living wage requirements apply, as described in this article, shall maintain payroll record for all covered employees and basic records relating thereto and shall preserve them for a period of three years from the date of termination or expiration of the service contract. The records shall contain: (1) The name and address of each covered employee; (2) The job title and classification; (3) The number of hours worked each day; (4) The gross wages earned and deductions made; (5) Annual wages paid; (6) A copy of the social security returns and evidence of payment thereof; (7) A record of fringe benefit payments including contributions to approved plans; and (8) Any other data or information the city shall require from time to time. (b) Reporting payroll. Every six months, the service contractor to which living wage requirements apply, as described in this article, shall file with the city's procurement director a listing of all covered employees together with a certification of compliance with this article. Upon request from the city, the service contractor shall produce for inspection and copying its payroll records for any or all of its covered employees for any Page 3 8/20/2024 9:24 AM p. 60 City of Miami Solicitation RFP 1896386 period covered by the service contract. The city may examine payroll records as needed to ensure compliance. (Ord. No. 12787, § 2, 4-6-06; Ord. No. 13110, § 2, 10-22-09) Sec. 18-559. - Compliance and enforcement. (a) Service contractor to cooperate. The service contractor shall permit city employees, agents, or representatives to observe work being performed at, in or on the project or matter for which the service contractor has a contract. The city representatives may examine the books and records of the service contractor relating to the employment and payroll of covered employees and may survey covered employees to determine if the service contractor is in compliance with the provisions of this article. (b) Complaint procedures and sanctions. An employee who believes that he/she is a covered employee of a service contractor and that the service contractor is or was not complying with the requirements of this article has a right to file a complaint with the procurement director of the city. Such complaints may be made at any time and shall be investigated within a reasonable period of time by the city. Written and oral statements by any such employee shall be treated as confidential and shall not be disclosed without the written consent of the employee to the extent allowed by the Florida Statutes. (c) Private right of action against service contractor. Any covered employee or former covered employee of a service contractor may, instead of utilizing the city administrative procedure set forth in this article, but not in addition to such procedure, bring an action by filing suit against the service contractor in any court of competent jurisdiction to enforce the provisions of this article and may be awarded back pay, benefits, attorney's fees, and costs. The applicable statute of limitations for such a claim will be two years as provided in F.S. § 95.11(4)(c) as may be amended from time to time for an action for payment of wages. The court may also impose sanctions on the service contractor, including those persons or entities aiding or abetting the service contractor, to include wage restitution to the affected covered employee and damages payable to the covered employee in the sum of up to $500.00 for each week the service contractor is found to have violated this article. (d) Sanctions against service contractors. For violations of this article, the city shall sanction a service contractor by requiring the service contractor to pay wage restitution at its expense for each affected employee. The city may also sanction the service contractor in at least one of the following additional ways: (1) The city may impose damages in the sum of $500.00 for each week for each covered employee found to have not been paid in accordance with this article; (2) The city may suspend or terminate payment under the service contract or terminate the contract with the service contractor; and The city may declare the service contractor ineligible for future service contracts for three years or until all penalties and restitution have been paid in full, whichever is longer. In addition, any employer shall be ineligible for a service contract where principal officers of such employer were principal officers of a service contractor who has been declared ineligible under this article. (4) If the contract has been awarded under the city procurement ordinance, the city may debar or suspend the contractor as provided therein. (e) Public record of sanctions. All such sanctions recommended or imposed shall be a matter of public record. (f) Sanctions for aiding and abetting. The sanctions contained in this article shall also apply to any party or parties aiding and abetting in any violation of this article. Retaliation and discrimination barred. A service contractor shall not discharge, reduce the compensation, or otherwise discriminate against any covered employee for making a complaint to the city, or otherwise asserting his or her rights under this article, participating in any of its proceedings or using any civil remedies to enforce his or her rights under this article. Allegations of retaliation or discrimination, if found true in a city administrative proceeding or by a court of competent jurisdiction, shall result in an order of restitution and reinstatement of a discharged covered employee with back pay to the date of the violation or such other relief as deemed appropriate. (3) (g) Page 4 8/20/2024 9:24 AM p. 61 City of Miami Solicitation RFP 1896386 (h) Remedies herein non-exclusive. No remedy set forth in this article is intended to be exclusive or a prerequisite for asserting a claim for relief to enforce the rights under this article or in a court of law. This article shall not be construed to limit an employee's right to bring a common law cause of action for wrongful termination. (Ord. No. 12787, § 2, 4-6-06; Ord. No. 13648, § 2, 11-17-16) Sec. 18-560. - Employers receiving direct tax abatement or subsidy. The city reserves the right to impose the living wage requirements of this article on or after January 1, 2017 on any employer as a condition of that employer receiving a direct tax abatement or subsidy from the city. (Ord. No. 13648, § 2, 11-17-16) Secs. 18-561-18-599. - Reserved. Page 5 8/20/2024 9:24 AM p. 62 City of Miami Solicitation RFP 1896386 RFP NO.: 1896386 Attachment B Reference Submittal Form CATEGORY: Employee Benefiit Consulting Services FIRM NAME: Reference Section Summarized Requirements: Refer to the details in Section 2.8, References, to verify that the information provided will suffice as proof of meeting the requirements of this solicitation. Past Performance Reference Check #1 Company/Organization Name: Address: Contact Person: Contact Phone Number: Contact E-mail (if applicable): Date of Contract or Sale: Past Performance Reference Check #2 Company/Organization Name: Address: Contact Person: Contact Phone Number: Contact E-mail (if applicable): Date of Contract or Sale: Past Performance Reference Check #3 Company/Organization Name: Address: Contact Person: Contact Phone Number: Contact E-mail (if applicable): Date of Contract or Sale: 1 8/20/2024 9:24 AM p. 63 Attachment C City of Miami Solicitation RFP 1896386 CITY OF MIAMI LOCAL OFFICE CERTIFICATION (City Code, Chapter 18, Article III, Section 18-73) Solicitation Type and Number: (i.e. IFQ/IFB/RFP/RFQ/RFLI No. 123456) Solicitation Title: (Bidder/Proposer) hereby certifies compliance with the Local Office requirements stated under Chapter 18/Article III, Section 18-73, of the Code of the City of Miami, Florida, as amended. Local office means a business within the city which meets all of the following criteria: (1) Has had a staffed and fixed office or distribution point, operating within a permanent structure with a verifiable street address that is located within the corporate limits of the city, for a minimum of twelve (12) months immediately preceding the date bids or proposals were received for the purchase or contract at issue; for purposes of this section, "staffed" shall mean verifiable, full-time, on -site employment at the local office for a minimum of forty (40) hours per calendar week, whether as a duly authorized employee, officer, principal or owner of the local business; a post office box shall not be sufficient to constitute a local office within the city; (2) If the business is located in the permanent structure pursuant to a lease, such lease must be in writing, for a term of no less than twelve (12) months, been in effect for no less than the twelve (12) months immediately preceding the date bids or proposals were received, and be available for review and approval by the chief procurement officer or its designee; for recently -executed leases that have been in effect for any period less than the twelve (12) months immediately preceding the date bids or proposals were received, a prior fully -executed lease within the corporate limits of the city that documents, in writing, continuous business residence within the corporate limits of the city for a term of no less than the twelve (12) months immediately preceding the date bids or proposals were received shall be acceptable to satisfy the requirements of this section, and shall be available for review and approval by the chief procurement officer or its designee; further requiring that historical, cleared rent checks or other rent payment documentation in writing that documents local office tenancy shall be available for review and approval by the chief procurement officer or its designee; (3) Has had, for a minimum of twelve (12) months immediately preceding the date bids or proposals were received for the purchase or contract at issue, a current business tax receipt issued by both the city and Miami - Dade County, if applicable; and (4) Has had, for a minimum of twelve (12) months immediately preceding the date bids or proposals were received for the purchase or contract at issue, any license or certificate of competency and certificate of use required by either the city or Miami -Dade County that authorizes the performance of said business operations; and (5) Has certified in writing its compliance with the foregoing at the time of submitting its bid or proposal to be eligible for consideration under this section; provided, however, that the burden of proof to provide all supporting documentation in support of this local office certification is borne by the business applicant submitting a bid or proposal. 1 FORM -City of Miami Local Office Certification 8/29/Qj94 AM p. 64 City of Miami Solicitation RFP 1896386 PLEASE PROVIDE THE FOLLOWING INFORMATION: Bidder/Proposer Local Office Address: Does Bidder/Proposer conduct verifiable, full- time, on -site employment at the local office for a minimum of forty (40) hours per calendar week? YES NO ❑ ❑ If Bidder/Proposer's Local Office tenancy is pursuant to a lease, has Bidder/Proposer enclosed a copy of the lease? ❑ YES ❑ NO ❑ N/A Has Bidder/Proposer enclosed a copy of the Business Tax Receipt (BTR) issued by the City of Miami and Miami -Dade County? City of Miami: Cite Exemption: NO Exempt ❑ YES ❑ ❑ Miami -Dade County: Cite Exemption: ❑ YES ❑ NO ❑ Exempt Has Bidder/Proposer enclosed a copy of the license, certificate of competency and certificate of use that authorizes the performance of Bidder/Proposer's business operations? YES NO ❑ ❑ Bidder/Proposer's signature below certifies compliance with the Local Office requirements stated under Chapter 18/Article III, Section 18-73, of the Code of the City of Miami, Florida, as amended. Print Name (Bidder/Proposer Authorized Representative) Signature Date 2 FORM -City of Miami Local Office Certification 8/290WA 3324 AM p. 65 City of Miami Solicitation RFP 1896386 STATE OF FLORIDA COUNTY OF Certified to and subscribed before me this day of , 20 , by (NOTARY SEAL) (Signature of Notary Public -State of Florida) (Name of Notary Typed, Printed, or Stamped) Personally Known OR Produced Identification Type of Identification Produced FORM -City of Miami Local Office Certification 8/290WA 3324 AM 3 p. 66 City of Miami Solicitation RFP 1896386 ATTACHMENT D INSURANCE DEFINITIONS, CONDITIONS, AND ADDITIONAL REQUIREMENTS The Successful Proposer agrees to provide and maintain throughout the life of this contract and at Successful Proposer's expense insurance coverage outlined herewith as applicable insuring all operations related to the contract and any extensions thereof. Workers Compensation and Employers Liability Statutory requirements per Chapter 440, Florida Statutes, as amended, are applicable, and this coverage is subject to the Laws of the State of Florida. This coverage protects against lawsuits stemming from workplace accidents. It provides for medical care to injured employees, along with compensation for lost income. Commercial General Liability It protects against accidents and injuries that occur on company property or the property of a customer. It compensates an injured person or owner of property for injuries and property damages, and the cost of defending lawsuits, including legal settlements or investigations. This policy also covers claims resulting from products exposures, libel, slander, copyright infringement, and other personal and advertisement injuries. Commercial Automobile Liability It protects against liability, no fault, medical payments, uninsured and underinsured motorists claims, collision and other than collision physical damage. In addition, this policy affords coverage on autos that are hired or borrowed or non -owned for use in the business. The non -owned can be autos owned by employees or members of their households. Non -Owned Auto exposures can be endorsed or added under the Commercial General Liability Policy. Professional/Errors and Omissions Liability Used by many professionals such as engineers, lawyers, accountants, stock brokers, financial advisers, insurance agents, court reports, dentists, nurses and teachers. It 8/20/2024 9:24 AM p. 67 City of Miami Solicitation RFP 1896386 protects against the financial effects of liability lawsuits filed by clients. It basically protects professionals who cause harm to a client due to incompetence, errors , or negligence. Umbrella Liability It protects against liability and losses after primary insurance benefits have been exhausted. This supplemental coverage kicks in only after the underlined liability policies have paid their maximum benefits. Environmental Liability It protects against the financial costs of claims of injury or damage due to pollution, and other costs of cleaning up pollutants. These policies are designed to cover both property and liability risks. Directors and Officers Liability This coverage protects against claims from stockholders, employees and clients that are also aimed individually at directors and officers. These claims typically stem from errors in judgement, breaches of duty and wrongful acts in connection with company business. Cyber Liability It protects against costs of the theft, destruction or unauthorized use of electronic data through computer viruses or network intrusions. It also adds protection to a business against such costs if a business fails to safeguard another party's electronic data. Companies sharing data outside their internal network benefit from this coverage Commercial Property It protects against claims or damages to the insured's buildings, business personal property and personal property of others. It can also provide for loss of business income coverage or extra expenses incurred because of physical loss by a covered peril to the insured's property. Commercial Crime It protects against loss of money, securities and other property because of a variety of criminal acts such as employee theft or embezzlement, burglary, robbery, forgery, 8/20/2024 9:24 AM p. 68 City of Miami Solicitation RFP 1896386 computer fraud, kidnapping and extortion. Crime insurance also covers money and securities against damage or destruction by almost any cause of loss, not just crime. Builders Risk It protects against damage to or destruction of buildings or other structures during their construction. Any party with a financial interest in a construction, remodeling, or repair project benefits from this coverage. Surety Bonds Surety bonds are three party contracts. The principal, the party that undertakes the obligation, pays for the issuance of a bond by a surety company. The bond provides capital to guarantee the obligation will be performed. The obligee is the party that receives the benefit of the bond If the obligation is improperly performed. If payment and performance bonds are required such bonds must be substantially in the form prescribed by Florida Statutes 255.05, as amended, and will be subject to the approval of the City of Miami Director of the Department of Risk Management. Valuable Papers It pays for the cost to reconstruct damaged or destroyed valuable papers and records. Typically is defined to include almost all forms of printed documents or records with the exception of money or securities, and data and media which is usually excluded. Additional Requirements The Successful Proposer must furnish the City of Miami, Department of Procurement, and Risk Management located at 444 S.W. 2nd Avenue Miami, Florida 33130, original Certificates of insurance to be in force on the date of this Contract, and Renewal Certificates of insurance thereafter. All policies indicated on the certificate must be in compliance with all Contract requirements. The failure of the City to obtain the applicable or corresponding certificates from Contractor is not a waiver by the City of any requirements for the Successful Proposer. The Successful Proposer must furnish Certificates insurance listing the City of Miami as an additional insured. All insurance certificates must be signed, dated and reference the City contract number. The insurance must provide for sixty (30) days prior written notice to be given to the City in the event coverage is substantially changed, canceled, or non -renewed. 8/20/2024 9:24 AM p. 69 City of Miami Solicitation RFP 1896386 Any deductibles or self -insured retentions on referenced insurance coverages must be borne by Successful Proposer. The Successful Proposer further agrees to have insurers waive their rights of subrogation against the City of Miami, its employees, elected officials, agents, or representatives. The coverages and limits furnished by Successful Proposer in no way limit the Successful Proposer's liabilities and responsibilities specified within the Contract or law. Any insurance or self-insurance programs maintained by the City of Miami shall not contribute with insurance provided by the Successful Proposer under the Contract. The required insurance to be carried is not limited by any limitations expressed in the indemnification language in this Contract or any limitation placed on the indemnity in this Contract given as a matter of law. If the Successful Proposer is a joint venture or limited liability company, the insurance policies must name the joint venture or Limited Liability Company and each of its separate constituent entities as named insureds. The Successful Proposer must require all subcontractors to provide the insurance required herein. All subcontractors are subject to the same insurance requirements of the Successful Proposer unless otherwise specified in this Contract. If the Successful Proposer or subcontractor desire additional coverages, the party desiring the additional coverages is responsible for the acquisition and cost. Notwithstanding any provision in the Contract to the contrary, the City of Miami Risk Management Department maintains and reserves the right to modify, delete, alter or change these requirements. Note: The duty to carry and maintain insurance during the life of the contract will survive the cancellation or expiration, as applicable, under the Contract. 8/20/2024 9:24 AM p. 70 Employee Benefit Consulting Services City of Miami Solicitation RFP 1896386 RFP 1896386 EXHIBIT E PRICE PROPOSAL A. Employee Benefit Consulting Services The not -to -exceed price and estimated hours for providing all employee benefit consulting services as stated in the Scope of Services. The price includes all costs associated to provide these services. Term Estimated Hours Not -To -Exceed Price 1 Initial Term (Years 1-3) 2 First 1-year OTR Period 3 Second 1-year OTR Period Note: The City will pay the Consultant at the hourly rate indicated below for any work involved to complete the City's request if the work significantly exceeds the hours stated. Similarly, the fee shall be reduced if there is significantly less work than anticipated. B. Not -to -Exceed Hourly Rate for Additional Work Below is the not -to -exceed hourly rate for additional work not included within the Scope of Services. Breakdown of Not to Exceed Price Staff Position/ Classification Proposed Maximum Hourly Rates Initial Term Years 1 - 3 OTR 1 Year 4 OTR 1 Year 5 Lead Consultant $ $ $ $ $ $ $ $ $ Notes: 1) The not -to exceed price in Section A, and the hourly rates in Section B, shall remain firm and fixed for the term of the Contract, including any renewals or extensions thereof. 2) The hourly rates above include all costs to include normal administrative fees, such as telephone, mailing, faxes, duplication charges, overnight mail, and including all out of pocket expenses, such as travel incurred in connection with the services (refer to CH.112.061 of the Florida Statutes regarding travel expenses), per diem, and miscellaneous costs and fees, and is incorporated in this price schedule, as they will not be reimbursed separately by the City. 3) The City will pay the Consultant at the hourly rate indicated within Section B, for any work involved to complete the City's request for work that is not included within the Scope of Services. The City reserves the right to negotiate the final pricing for this work on a project by project basis, at the City's sole discretion. 8/20/2024 9:24 AM p. 71 ATTACHMENT F ANTI -HUMAN TRAFFICKING AFFIDAVIT 1. The undersigned affirms, certifies, attests, and stipulates as follows: Solicitation RFP 1896386 a. The entity is a non -governmental entity authorized to transact business in the State of Florida and in good standing with the Florida Department of State, Division of Corporations. b. The nongovernmental entity is either executing, renewing, or extending a contract (including, but not limited to, any amendments, as applicable) with the City of Miami ("City") or one of its agencies, authorities, boards, trusts, or other City entity which constitutes a governmental entity as defined in Section 287.138(1), Florida Statutes (2024). c. The nongovernmental entity is not in violation of Section 787.06, Florida Statutes (2024), titled "Human Trafficking " d. The nongovernmental entity does not use "coercion" for labor or services as defined in Section 787.06, Florida Statutes (2024), attached and incorporated herein as Exhibit Affidavit-1. 2. Under penalties of perjury, I declare the following: a. I have read and understand the foregoing Anti -Human Trafficking Affidavit and that the facts, statements and representations provided in Section 1 are true and correct. b. I am an officer or a representative of the nongovernmental entity authorized to execute this Anti - Human Trafficking Affidavit. Nongovernmental Entity: Name: Signature of Officer: Office Address: Email Address: Officer Title: FEIN No. / - / / / / / / STATE OF FLORIDA COUNTY OF MIAMI-DADE Main Phone Number: The foregoing instrument was sworn to and subscribed before me by means of O physical presence or O online notarization, this day of by , as the authorized officer or representative for the nongovernmental entity.. He/she is personally known to me or has produced as identification. (NOTARY PUBLIC SEAL) My Commission Expires: Signature of Person Taking Oath (Printed, Typed, or Stamped Name of Notary Public) 8/20/2024 9:24 AM p. 72 City of Miami Solicitation RFP 1896386 EXHIBIT AFFIDAVIT-1 SECTION 787.06, FLORIDA STATUTES (2024) 8/20/2024 9:24 AM p. 73 FOUNRIS-04 TQUINN , ACC.PRO CERTIFICATE OF LIABILITY INSURANCE �� DATD/YYYY) 10/7/2/7/2025 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER KMRD Partners Risk and Insurance Solutions -Warrington 2600 Kelly Road, Suite 120 Warrington, PA 18976 CONTACT NAME: PHONE ) FAX (A/C, No, Ext): (267 482-8390 No):(267) 482-8431 a DD RIEss: contactus@kmrdpartners.com INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: Federal Insurance Company 20281 INSURED Foundation Risk Partners, Corp. 780 W Granada Blvd Ormond Beach, FL 32174 INSURERB:ACE American Insurance Company 22667 INSURERC: INSURERD: INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: REON NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSU: INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTH:l CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICES DE : 4 EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID ED ABOVE FOR THE POLICY PERIOD UMENT WITH RESPECT TO WHICH THIS HEREIN IS SUBJECT TO ALL THE TERMS, INSR LTR TYPE OF INSURANCE ADDL INSD SUBR W VD POLICY NUMBER POLICY EFF (MM/DD/YYYY) P A� P w ) LIMITS A X COMMERCIAL GENERAL LIABILITY 36072109 �_O 4/1/20 /1/2026 EACH OCCURRENCE $ 1,000,000 CLAIMS -MADE X OCCUR DAMAGE TO RENTED PREMISES (Ea occurrence) 1,000,000 $ MED EXP (Any one person) 10,000 $ PERSONAL & ADV INJURY $ 1,000,000 GEN'L AGGREGATE POLICY OTHER: LIMIT APPLIES jE PRO- X PER: LOC GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COMP/OP AGG $ 2,000,000 POLICY AGGREGAT $ 10,000,000 A AUTOMOBILE X X LIABILITY ANY AUTO OWNED X SCHEDULED AUTOS AUOTOS ONLY V 73626085 < 4/1/2025 4/1/2026 COMBINED SINGLE LIMIT (Ea accident) 1,000,000 $ BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ accident (Per accident) $ $ A X UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS -MADE O 78'I� O� 4/1/2025 4/1/2026 EACH OCCURRENCE $ 25,000,000 AGGREGATE $ DED X RETENTION $ 0 Aggregate $ 25,000,000 B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under l� DESCRIPTION OF OPERATIONS below `os,s, cL(26)71836285 4/1/2025 4/1/2026 X STATUTE ER E.L. EACH ACCIDENT 1,000,000 $ E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT 1,000,000 $ DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Named Insured Schedule: FRP Investors II, L.P. FRP Holdings, Corp. FRP Parent II, Corp. Foundation Risk Partners, Corp. Synetro-CSG Holdings, LLC Corporate Synergies Holdings, LLC SEE ATTACHED ACORD 101 CERTIFICATE HOLDER CANCELLATION Cityof Miami RFP 1896386 Department of Procurement and Risk Management 444 S.W. 2nd Avenue Miami, FL 33130 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE C y ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: FOUNRIS-04 TQUINN LOC #: 1 AFRO ADDITIONAL REMARKS SCHEDULE Page 1 of 1 AGENCY KMRD Partners Risk and Insurance Solutions - Warrington POLICY NUMBER SEE PAGE 1 CARRIER SEE PAGE 1 NAIC CODE SEE P 1 NAMED INSURED Foundation Risk Partners, Corp. 780 W Granada Blvd Ormond Beach, FL 32174 EFFECTIVE DATE: SEE PAGE 1 ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liability Insurance Description of Operations/Locations/Vehicles: Corporate Synergies Group, LLC Foundation Real Estate Purchasing Group, LLC Harbor Management Group, LLC Homeland Management, LLC Millenium Asset Management, Inc. The L. Warner Companies, Inc. FRP Insurance Services, LLC Any Subsidiary of the Named Insured is included as an Insured per the policy terms nditions. AO Liability an City of Miami is included as Additional Insured under the General contract. The General Liability policy is primary and non-contributory whe includes Contingent and Contractual Liability. Waiver of Subrogation ap General Liability, Auto Liability and Workers Compensation policies cancellation applies as per policy term and conditions. The Excess/ liability policies contained herein. Re: RFP 1896386 Au fb Liability policies when required by written ired by written contract. The General Liability policy in favor of the Additional Insured with respect to the quired by written contract. 30 Days notice of Ila Policy is Excess Follow -Form over all applicable ACORD 101 (2008/01) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD FOUNRIS-04 TQUINN , ACC.PRO CERTIFICATE OF LIABILITY INSURANCE �� DATD/YYYY) 10/6/2/6/2025 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER KMRD Partners Risk and Insurance Solutions - Warrington 2600 Kelly Road, Suite 120 Warrington, PA 18976 CONTACT NAME: PHONE ) FAX (A/C, No, Ext): (267 482-8390 No):(267) 482-8431 a DD RIEss: contactus@kmrdpartners.com INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: Westfield Specialty Insurance Company 16992 INSURED Foundation Risk Partners, Corp 780 W Granada Blvd Ormond Beach, FL 32174 INSURER B : INSURERC: INSURERD: INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: REON NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSU: INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY OTH CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICES DE EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID ED ABOVE FOR THE POLICY PERIOD HEREIN IS SUBJECT TO ALL THE TERMS, INSR LTR TYPE OF INSURANCE ADDLSUBR INSD WVD POLICY NUMBER POLICY EFF (MM/DD/YYYY) PQQQQ��A� P ((((((' ) LIMITS COMMERCIAL GENERAL LIABILITY O EACH OCCURRENCE $ CLAIMS -MADE OCCUR DAMAGE TO RENTED PREMISES occurrence) $ MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GEN'L AGGREGATE POLICY OTHER: LIMIT APPLIES JEC PER: LOC GENERAL AGGREGATE $ PRODUCTS-COMP/OPAGG $ $ AUTOMOBILE LIABILITY ANY AUTO OWNED SCHEDULED AUTOS NON-OWNEDUUON (-_O V IV COMBINED SINGLE LIMIT (Ea accident) $ BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ (Per accident) accident $ $ UMBRELLA LIAB EXCESS LIAB OCCUR CLAIMS -MADE O EACH OCCURRENCE $ AGGREGATE $ DED RETENTION $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below R'.:O PER STATUTE OTH- ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT $ A Errors &Omissions IAB403619M01 4/1/2025 4/1/2026 EA Claim/Aggregate 10,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) *Errors & Omissions Quota Share: $10,000,000 Each Claim/Aggregate Effective Dates: 04/01/2025 - 04/01/2026 Policy Numbers/Participating Carriers: IAB-403619M-01 / Westfield Specialty Insurance Company - NAIC 16992 MPLXS2410000011-03 / Ascot Specialty Insurance Company - NAIC 45055 8GA7PL0002088-01 / Bridgeway Insurance Company - NAIC 12489 APL30056876401 / Endurance American Specialty Insurance Company - NAIC 41718 SEE ATTACHED ACORD 101 CERTIFICATE HOLDER CANCELLATION Cityof Miami RFP 1896386 Department of Procurement, and Risk Management 444 S.W. 2nd Avenue Miami, FL 33130 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE C y ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: FOUNRIS-04 LOC #: TQUINN AFRO ADDITIONAL REMARKS SCHEDULE Page 1 of 1 AGENCY KMRD Partners Risk and Insurance Solutions - Warrington POLICY NUMBER SEE PAGE 1 CARRIER SEE PAGE 1 NAIC CODE SEE P 1 NAMED INSURED Foundation Risk Partners, Corp 780 W Granada Blvd Ormond Beach, FL 32174 EFFECTIVE DATE: SEE PAGE 1 ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liability Insurance Description of Operations/Locations/Vehicles: Named Insured Schedule: FRP Investors II, L.P. FRP Holdings, Corp. FRP Parent II, Corp. Foundation Risk Partners, Corp. Synetro-CSG Holdings, LLC Corporate Synergies Holdings, LLC Corporate Synergies Group, LLC Foundation Real Estate Purchasing Group, LLC Harbor Management Group, LLC Homeland Management, LLC Millenium Asset Management, Inc. The L. Warner Companies, Inc. FRP Insurance Services, LLC Pierce Insurance Agency, Inc. Any Subsidiary of the Named Insured is included as an Insured perthepolicy terms and conditions. �jV Re: RFP 1896386 Professional Liability Retroactive Date: 11/01/2017 •R;$ j</ 4g4g4( ACORD 101 (2008/01) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD From: Gomez Jr., Francisco (Frank) To: Gandarilla, Aimee Cc: Quevedo, Terry; Aviles, Yesenia Subject: RE: COI Corporate Synergies Holdings, LLC Date: Tuesday, October 28, 2025 12:23:54 PM Attachments: image002.pnq image003.pnq Hello Aimee, The insurance is adequate. Thanks, Frank Gomez, PIAM, CPI I Property & Casualty Manager City of Miami Risk Management 14 N.E. 1st Avenue 2nd Floor Miami, Florida 33132 (305) 4�6 174o Office�k5) (305) 416-1760 Fax fgomez@a miamigov.co O "Serving, Enhancing, and Transforming our Community" From: Gandarilla, Aimee <AGandarilla@miamigov.com> Sent: Tuesday, October 28, 2025 11:54 AM To: Gomez Jr., Francisco (Frank) <FGomez@miamigov.com> Cc: Quevedo, Terry <TQuevedo@miamigov.com>; Aviles, Yesenia <YAviles@miamigov.com> Subject: COI Corporate Synergies Holdings, LLC Good day, Please advise. Thank you, &miee/ c.amdcuu.U.ci Procurement Assistant City of Miami Procurement Department 444 SW 2nd Avenue, 6th floor, Miami, FL 33130 P (305) 416-1906 F (305) 400-5073 E agandarilla@migov.com "Serving, Enhancing, and Transforming our Commu C&4(1V41/ V GV (</ AGENDA ITEM SUMMARY FORM File ID: #18321 Date: 10/14/2025 Commission Meeting Date: 10/23/2025 Requesting Department: Department of Risk Management Sponsored By: District Impacted: All Type: Resolution Subject: Accept Proposal - Employee Benefits Consultant Services Purpose of Item: The nature of this item is to authorize a Resolution of the Miami City Commission with attachment(s), pursuant to Request for Proposals ("RFP") No. 1896386, from Corporate Synergies Group, LLC d/b/a Foundation Risk Partners Public Entity Services ("FRPPE"), for the provision of employee benefits consulting services for the Risk Management Department ("Risk"), on an as -needed contractual basis, for an initial term of three (3) years, with the option to renew for two (2) additional one (1) year periods; allocating funds from the various sources of funds from Risk; authorizing the City Manager to execute the negotiated Professional Services Agreement ("PSA") In a form acceptable to the City Attorney, and to negotiate and execute any and all documents, including any amendments, renewals, and extensions subject to all allocations, appropriations and budgetary approvals having been previously made, compliance with applicable provisions of the Code of the City of Miami, Florida, as amended, ("City Code"), including, the City of Miami's Procurement Ordinance, Anti -Deficiency Act, and Financial Integrity Principles, all as set forth in Chapter 18 of the City Code, in a form acceptable to the City Attorney, and in compliance with all applicable laws, rules and regulations, as may be deemed necessary for said purpose. Background of Item: On August 16, 2024, the Department of Procurement, on behalf of Risk, issued RFP No. 1896386 under full and open competition, to obtain proposals from experienced and qualified firms for the provision of employee benefits consulting services, in an effort to provide professional analysis of the performance of the City's benefit plans and plan administrator(s). Proposers were required to meet all of the minimum qualification requirements established within the RFP, in order to be deemed responsive. On September 16, 2024, four (4) proposals were received in response to the RFP, all of which were deemed responsive. The Evaluation Committee met on February 4, 2025, to discuss and evaluate the proposals. On May 5, 2025, Oral Presentations were held and the Evaluation Committee recommended that the City enter into negotiations with FRPPE, the highest -ranked Proposer. On June 10, 2025, Procurement and a designated negotiating team successfully completed negotiations with FRPPE and recommended to the City Manager the execution of a contract with FRPPE, who met all requirements and are the highest ranked responsive and responsible Proposer. Budget Impact Analysis Item is an Expenditure Item has NOT an Expenditure Item is NOT funded by Bonds Total Fiscal Impact: Total Fiscal Impact: $ 775,500 (Approximate) Department of Risk Management Office of Management and Budget Office of Management and Budget City Manager's Office Department of Procurement City Manager's Office Legislative Division City Manager's Office Office of the City Attorney Office of the City Attorney City Commission Office of the City Clerk Reviewed B David Ruiz Fred Pericles Leon P Michel Erica T. Paschal Annie Perez Arthur Noriega V Valentin J Alvarez Natasha Colebrook -Williams Thomas M. Fossler George K. Wysong III Maricarmen Lopez City Clerk's Office Department Head Review Budget Analyst Review Budget Review Assistant City Manager Review Procurement Review City Manager Review Legislative Division Review Deputy City Manager Review ACA Review Approved Form and Correctness Meeting Rendered Completed 10/14/2025 11:08 AM Completed 10/14/2025 2:19 PM Completed 10/14/2025 8:31 PM Completed 10/14/2025 8:42 PM Completed 10/14/2025 8:49 PM Completed 10/14/2025 8:51 PM Completed 10/14/2025 8:52 PM Completed 10/14/2025 9:19 PM Completed 10/14/2025 9:27 PM Completed 10/14/2025 9:30 PM Completed 10/23/2025 9:00 AM Completed 10/23/2025 4:43 PM City of Miami Legislation Resolution Enactment Number: R-25-0265 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 18321 Final Action Date:10/23/2025 A RESOLUTION OF THE MIAMI CITY COMMISSION WITH, ATTACHMENT(S), PURSUANT TO SECTION 18-86(C) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), APPROVING THE CONTRACT AWARD FOR REQUEST FOR PROPOSALS ("RFP") NO. 1896386 TO CORPORATE SYNERGIES GROUP, LLC D/B/A FOUNDATION RISK PARTNERS PUBLIC ENTITY SERVICES ("CONSULTANT") FOR THE PROVISION OF EMPLOYEE BENEFITS CONSULTING SERVICES FOR THE RISK MANAGEMENT DEPARTMENT ("RISK") ON AN AS -NEEDED BASIS ("SERVICES"); ALLOCATING FUNDS FROM THE VARIOUS SOURCES OF FUNDS FROM RISK; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A CONTRACT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH CONSULTANT FOR THE PROVISION OF THE SERVICES FOR AN INITIAL TERM OF THREE (3) YEARS WITH THE OPTION TO RENEW FOR TWO (2) ADDITIONAL ONE (1) YEAR TERMS; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL DOCUMENTS, INCLUDING ANY AMENDMENTS, RENEWALS, AND EXTENSIONS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, SUBJECT TO ALL ALLOCATIONS, APPROPRIATIONS, PRIOR BUDGETARY APPROVAL, AND COMPLIANCE WITH APPLICABLE PROVISIONS OF CITY CODE, INCLUDING, THE CITY OF MIAMI'S PROCUREMENT ORDINANCE, ANTI -DEFICIENCY ACT, AND FINANCIAL INTEGRITY PRINCIPLES, ALL AS SET FORTH IN CHAPTER 18 OF THE CITY CODE, AND IN COMPLIANCE WITH ALL APPLICABLE LAWS, RULES AND REGULATIONS, AS MAY BE DEEMED NECESSARY FOR SAID PURPOSE. WHEREAS, the City of Miami ("City") Risk Management Department ("Risk") has an ongoing need for employee benefits consulting services on an as -needed basis ("Services"); and WHEREAS, on August 16, 2024, the Department of Procurement, on behalf of Risk, issued Request for Proposals ("RFP") No. 1896386 under full and open competition, to obtain proposals from experienced and qualified firms for the provision of the Services; and WHEREAS, on September 16, 2024, four (4) proposals were received in response to the RFP, all of which were deemed responsive; and WHEREAS, on February 4, 2025, the Evaluation Committee ("Committee") appointed by the City Manager convened to discuss and evaluate the proposals; and WHEREAS, on May 5, 2025, Oral Presentations were held, after which the Committee re-evaluated the Proposals and reached a consensus, pursuant to the guidelines established within the RFP, to recommend that the City enter into negotiations with Corporate Synergies Group, LLC d/b/a Foundation Risk Partners Public Entity Services ("Consultant"), the highest - ranked responsive and responsible Proposer; and WHEREAS, on May 29, 2025, the City Manager concurred with the recommendation of the Committee and authorized Procurement to enter into negotiations with Consultant to establish a contract for the provision of the Services; and WHEREAS, On June 10, 2025, Procurement and a designated negotiating team successfully completed negotiations with Consultant; WHEREAS, pursuant to Sections 18-86(c) of the Code of the City of Miami, Florida, as amended ("City Code"), where a contract exceeds Fifty Thousand and 00/100 Dollars ($50,000.00) utilizing the competitive sealed proposal method, award shall be made to the responsive and responsible proposer whose proposal is most advantageous to the City as determined by the City Commission in accordance with the evaluation criteria set forth in the RFP; and WHEREAS, the City Commission desires to approve the contract award for the RFP to Consultant and authorize the City Manager to negotiate and execute a contract, in a form acceptable to the City Attorney, for the provision of the Services for an initial term of three (3) years, with two (2) options to renew for additional one (1) year terms; 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 if fully set forth in this Section. Section 2. Pursuant to Section 18-86(c) of the City Code, the contract award for RFP No. 1896386 to Consultant for the Services is hereby approved. Section 3. Funds are allocated from the various sources of funds from Risk, subject to the availability of funds and budgetary approval at the time of need. Section 4. The City Manager is authorized1 to negotiate and execute a contract, in a form acceptable to the City Attorney, with Consultant for the provision of the Services for an initial term of three (3) years, with two (2) options to renew for additional one (1) year terms. Section 5. The City Manager is further authorized' to negotiate and execute any and all documents, including any amendments, renewals, and extensions, all in forms acceptable to the City Attorney, subject to all allocations, appropriations, prior budgetary approvals and compliance with applicable provisions of the City Code, including, the City of Miami's Procurement Ordinance, Anti -Deficiency Act, and Financial Integrity Principles, all as set forth in Chapter 18 of the City Code, and in compliance with applicable regulations, as may be necessary for said purpose. Section 6. This Resolution shall become effective immediately upon its adoption. 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. APPROVED AS TO FORM AND CORRECTNESS: Olivera, Rosemary From: Gandarilla, Aimee Sent: Tuesday, November 4, 2025 8:08 AM To: Hannon, Todd Cc: Olivera, Rosemary; Brown, Sadie; Fossler, Thomas; Johnson, Antiwonesha; Ewan, Nicole Subject: PSA Employee Benefit Consulting Services RFP 1896386 (matter 25-3155K) Attachments: PSA Employee Benefit Consulting Services RFP 1896386 (matter 25-3155K).pdf Good morning Todd, Please find attached the fully executed copy of an agreement from DocuSign that will be considered an original agreement for your records. Antiwonesha: Please close Matter 25-3155K. Thank you, AimthvL U,a Procurement Assistant City of Miami Procurement Department 444 SW 2nd Avenue, 6th floor, Miami, FL 33130 P (305) 416-1906 F (305) 400-5073 E agandarilla@miamigov.com "Serving, Enhancing, and Transforming our Community" i