HomeMy WebLinkAboutInvitation for BidANNIE PEREZ, CPPD
Chief Procurement Officer
Ofitv of ffliami
IFB No. 754382
DANIEL J. ALFONSO
City Manager
ADDENDUM NO. 1
November 6, 2017
Invitation for Bid (IFB) for Pre -Employment Polygraph Examination Services
TO: ALL PROSPECTIVE BIDDERS:
The following changes, additions, clarifications, and deletions amend the IFB documents of the above
captioned IFB, and shall become an integral part of the Contract Documents. Words and/or figures
stricken through shall be deleted. Underscored words and/or figures shall be added. The
remaining provisions are now in effect and remain unchanged. Please note the contents herein and
reflect same on the documents you have on hand.
The following is the City's response to the questions received from prospective bidders:
Q1.How many response copies are required if a firm chooses to submit in hardcopy format?
Al. Please refer to Section 1.60 (G), Preparation of Responses. (Hard Copy Format)
Q2.Section 2.7, Subcontractors says "Subcontractors are not allowed". Our examiners are paid as
1099 employees. They are covered by our insurance, comply with all company policy and procedures,
are covered by our licenses and provide all services in our office. We consider them employees. Does
the City consider these employees sub -contractors due to them being paid as 1099?
A2. No. The City would consider these employee's as Independent Contractors.
AP/ppb
Cc: I FB File
Sincerely,
d�lni'e Perez, CPPO
Director/Chief Procurement Officer
Page
Y aF,�r City of Miami
L
Invitation for Bid (IFB)
*
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Procurement Department
IFBNumber:
Title:
Issue Date/Time:
IFBClosing Date/Time:
Pre-Bid/Pre-Proposal Conference:
Fre-Bid/Pre-Proposal Date/Time:
Fre-Bid/Pre-Proposal Location:
Deadline for Request for Clarification:
Contracting Officer:
Hard Copy Submittal Location:
Contracting Officer E -Mail Address
Contracting Officer Facsimile:
Miami Riverside Center
444 5W 2nd Avenue, 6h Floor
Miami, Florida 33130
Web Site Address: vrrrnr.miami m/procuremen
754382
Invitation For Bid for Pre -Employment
Polygraph Examination Services
25 -OCT -2017
21-NOV-2017 @ 14:00:00
None
Friday, November 10, 2017 at 5:00 PM
Bethel, Pearl ,
City of Miami - City Clerk
3500 Pan American Drive
Miami FL 33133 US
PBethel@ miamigov.com
(305) 400-5340
Page 1 of 37
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. DES'T'INATION, 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.
PIease print the following and sign your name:
PROPOSER NAME:
ADDRESS:
PHONE:
EMAIL:
SIGNED BY:
TITLE:
FAX:
CELL(Optional):
DATE:
FAILURE TO COMPLETE. SIGN, AND RETURN THIS FORM SHALL DISQUALIFY THIS
RESPONSE,
Page 2 of 37
Certifications
Legal Name of Firm:
Entity Type: Partnership, Sole Proprietorship, Corporation, etc.
Address, City, State, Zip:
Phone Number / Fax Number:
Occupational License/Business Tax Receipt Number:
Occupational License/Business Tax Receipt Issuing Agency:
Occupational License/Business Tax Receipt Expiration Date:
Page 3 of 37
Line: I
Description: Pre -Employment Polygraph Examination Services, as per Specifications.
Category: 99070-00
Unit of Measure: Job
Unit Price: $
Number of Units: 350 Total: $
Line: 2
Description: Repeat Examination for Pre -Employment Polygraph Examination, as per
Specifications.
Category: 99070-00
Unit of Measure: Job
Unit Price: $
Number of Units: 120 Total: $
Line: 3
Description: Specific Area of Inquiry Polygraph Examination, as per Specifications.
Category: 99070-00
Unit of Measure: Job
Unit Price: $
Line: 4
Number of Units: 80
Description: No Show Pee Per Person
Category: 99070-00
Unit of Measure: Each
Unit Price: $
Line: 5
l
Number of Units: I
Total: $
Total: $
Page 4 of 37
Description: Expert Testimony as a Result of Services Provided
Category: 99070-00
Unit of Measure: Hour
Unit Price: $ Number of Units: 1 Tota[: $
Page 5 of 37
Invitation for Bid (IFB) 754382
Table of Contents
Termsand Conditions......................................................................................................................................................7
1. General Conditions............................................................................................................................................7
1.1. GENERAL TERMS AND CONDITIONS ......................... ......................,...........................................27
2. Special Conditions ..........................
2.1. PURPOSE.............................................................................................................................................27
2.2. DEADLINE FOR RECEIPT OF REQUEST FOR ADDITIONAL
INFORMATIONICLARIFICATION..........................................................................................................27
2.3. PRE-BID/PRE-PROPOSAL CONFERENCE......................................................................................27
2.4. TERM OF CONTRACT.......................................................................................................................27
2.5. CONDITIONS FOR RENEWAL.........................................................................................................27
2.6. BIDDERS MINIMUM QUALIFICATIONS.......................................................................................27
2.7. SUBCONSULTANTSfSUBCONTRACTORS....................................................................................28
2.8. REFERENCES......................................................................................................................................28
2.9. METHOD OF AWARD.......................................................................................................................28
2.10. TIE BIDS............................................................................................................................................28
2,11. INSURANCE REQUIREMENTS......................................................................................................29
2.12. ADDITIONSIDELETIONS OF SERVICES/EXAMINERS.............................................................31
2.13. CITY OF MIAMI LIVING WAGE ORDINANCE...........................................................................32
2.14. PROJECT MANAGER.......................................................................................................................32
2.15. COMPLETED WORK........................................................................................................................32
2.16. FAILURE TO PERFORM ................................... .................. ................. ...................................... ......
32
2.17. INVOICING........................................................................................................................................32
2.18. METHOD OF PAYMENT ..................................... ...33
2.19. NON -APPROPRIATION OF FUNDS...............................................................................................33
2.20. TERMINATION.................................................................................................................................33
2.21. ADDITIONALTERNIS AND CONDITIONS ............................ .................
..33
3. Specifications.................................................................................................................................................34
3.1. SPECIFICATIONS/SCOPE OF WORK..............................................................................................34
Page 6 of 37
Invitation for Bid (IFB) 754382
Terms and Conditions
1. General Conditions
1.1. GENERAL TERMS AND CONDITIONS
Intent: The General Terms and Conditions described herein apply to the acquisition of goods/equipment/services
with an estimated aggregate cost of $25,000.00 or more.
Definition: A 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 OR EQUIPMENT - Any good(s) or equipment 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.
1.2. ACCEPTANCE OF OFFER - The signed or electronic submission of your solicitation response shall be
considered an offer on the part of the bidder/proposer; such offer shall be deemed accepted upon issuance by the
City of a purchase order.
1.3, ACCEPTANCE/REJECTION -- The City reserves the right to accept or reject any or all responses or parts of
after opening/closing date and request re -issuance on the goods/services described in the formal solicitation. In the
event of such rejection, the Director of Purchasing shall notify all affected bidders/proposers and make available a
written explanation for the rejection. The City also reserves the right to reject the response of any bidder/proposer
who has previously failed to properly perform under the terms and conditions of a contract, to deliver on time
contracts of a similar nature, and who is not in a position to perform the requirements defined in this formal
solicitation. The City further reserves the right to waive any irregularities or minor informalities or technicalities in
any or all responses and may, at its discretion, re -issue this formal solicitation.
1.4. ADDENDA — It is the bidder's/proposer's responsibility to ensure receipt of all Addenda. Addenda are available
at the City's website at: http://www.ci.miami.fl.us/procurement
1.5. ALTERNATE RESPONSES WILL NOT BE CONSIDERED.
1.6, ASSIGNMENT - Contractor agrees not to subcontract, assign, transfer, convey, sublet, or otherwise dispose of
the resulting Contract, or any or all of its right, title or interest herein, without City of Miami's prior written consent.
1.7. ATTORNEY'S FEES - In connection with any litigation, mediation and arbitration arising out of this Contract,
each party shall bear their own attorney's fees through and including appellate litigation and any post judgment
proceedings.
1.8. AUDIT RIGHTS AND RECORDS RETENTION - The Successful Bidder/Proposer agrees to provide access
at all reasonable times to the City, or to any of its duly authorized representatives, to any books, documents, papers,
and records of Contractor which are directly pertinent to this formal solicitation, for the purpose of audit,
examination, excerpts, and transcriptions. The Successful Bidder/Proposer shall maintain and retain any and all of
Page 7 of 37
Invitation for Bid (IFS) 754382
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.
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 bidders)/proposer(s) at the contract price(s) established herein,
when permissible by federal, state, and local laws, rules, and regulations,
Each Governmental, not-for-profit or quasi -governmental entity which uses this formal solicitation and resulting bid
contract or agreement will establish Its own contract/agreement, place its own orders, issue its own purchase orders,
be invoiced there from and make its own payments, determine shipping terms and issue its own exemption
certificates as required by the successful bidder(s)/proposer(s).
1.10. AWARD OF CONTRACT:
A. The Formal Solicitation, Bidder's/Proposer's response, any addenda issued, and the purchase order shall
constitute the entire contract, unless modified in accordance with any ensuing contract/agreement, amendment or
addenda.
B. The award of a contract where there are Tie Bids will be decided by the Director of Purchasing or designee In the
instance that Tie Bids can't be determined by applying Florida Statute 287.087, Preference to Businesses with
Drug -Free Workplace Programs.
C. The award of this contract may he preconditioned on the subsequent submission of other documents as specified
in the Special Conditions or Technical Specifications. Bidder/Proposer shall be in default of its contractual
obligation If such documents are not submitted in a timely manner and in the form required by the City, Where
Bidder/Proposer is in default of these contractual requirements, the City, through action taken by the Purchasing
Department, will void its acceptance of the Bidder's/Proposer's Response and may accept the Response from the
next lowest responsive, responsible Bidder or Proposal most advantageous to the City or re -solicit the City's
requirements. The City, at its sole discretion, may seek monetary restitution from Bidder/Proposer and its
bid/proposal bond or guaranty, if applicable, as a result of damages or increased costs sustained as a result of the
Bidder's/Proposer's default.
D. The term of the contract shall be specified in one of three documents which shall be issued to the successful
Bidder/Proposer, These documents may either be a purchase order, notice of award and/or contract award sheet.
E. The City reserves the right to automatically extend this contract for up to one hundred twenty (120) calendar
days beyond the stated contract term in order to provide City departments with continual service and supplies while
a new contract is being sol€cited, evaluated, and/or awarded. If the right is exercised, the City shall notify the
Bidder/Proposer. in writing, of its intent to extend the contract at the same price, terms and conditions for a specific
number of days. Additional extensions over the first one hundred twenty (120) day extension may occur, if, the City
and the Successful Bidder/Proposer are in mutual agreement of such extensions.
F. Where the contract involves a single shipment of goods to the City, the contract term shall conclude upon
completion of the expressed or implied warranty periods,
G. The City reserves the right to award the contract on a split -order, lump sum or individual -item basis, or such
combination as shall best serve the interests of the City unless otherwise specified.
H. A Contract/Agreement may be awarded to the Bidder/Proposer by the City Commission based upon the
minimum qualification requirements reflected herein. As a result of a RFP, RFQ, or RFLL the City reserves the
right to execute or not execute, as applicable, an Agreement with the Proposer, whichever is determined to be in the
Page 8 of 37
Invitation for Bid (IFB) 751382
City's best interests. Such agreement will be furnished by the City, will contain certain terms as are in the City's
best interests, and will be subject to approval as to Iegal form by the City Attorney.
1.11. BID BOND/ BID SECURITY - A cashier's or certified check, or a Bid Bond signed by a recognized surety
company that is licensed to do business in the State of Florida, payable to the City of Miami, for the amount bid is
required from all bidders/proposers, if so indicated under the Special Conditions. This check or bond guarantees
that a bidder/proposer will accept the order or contract/agreement, as bid/proposed, if it is awarded to
bidder/proposer. Bidder/Proposer shall forfeit bid deposit to the City should City award contract/agreement to
Bidder/Proposer and Bidder/Proposer fails to accept the award. The City reserves the right to reject any and all
surety tendered to the City. Bid deposits are returned to unsuccessful bidders/proposers within ten (10) days after
the award and successful bidder's/proposer's acceptance of award. If sixty (60) days have passed after the date of the
formal solicitation closing date, and no contract has been awarded, all bid deposits will be returned on demand.
1.12. RESPONSE FORM (HARDCOPY FORMAT) - All forms should be completed, signed and submitted
accordingly.
1.13. BID SECURITY FORFEITED LIQUIDATED DAMAGES - Failure to execute an Agreement and/or file
an acceptable Performance Bond, when required, as provided herein, shall be just cause for the annulment of the
award and the forfeiture of the Bid Security to the City, which forfeiture shall be considered, not as a penalty, but in
mitigation of damages sustained. Award may then be made to the next lowest responsive, responsible Bidder or
Proposal most advantageous to the City or all responses may be rejected.
1.14. BRAND NAMES - If and wherever in the specifications brand names, makes, models, names of any
manufacturers, trade names, or bidder/proposer catalog numbers are specified, it is for the purpose of establishing
the type, function, minimum standard of design, efficiency, grade or quality of goods only. When the City does not
wish to rule out other competitors' brands or makes, the phrase "OR EQUAL" is added. When bidding/proposing an
approved equal, Bidders/Proposers will submit, with their response, complete sets of necessary data (factory
information sheets, specifications, brochures, etc.) in order for the City to evaluate and determine the equality of the
item(s) bid/proposed. The City shall be the sole judge of equality and its decision shall be final. Unless otherwise
specified, evidence in the form of samples may 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 bid/proposal cancellation, the Director of Purchasing shall notify all prospective bidders/proposers
and make available a written explanation for the cancellation.
1.16. CAPITAL EXPENDITURES - Contractor understands that any capital expenditures that the firm makes, or
prepares to make, in order to deliver/perform the goods/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 Bidder/Proposer/Consultant, any sub-contractor/sub-consultant, or to any other person for,
or on account of, any stoppages or delay in the work herein provided for by injunction or other legal or equitable
proceedings or on account of any delay for any cause over which the City has no control.
1.18. COLLUSION—Bidder/Proposer, by submitting a response, certifies that its response Is made without
previous understanding, agreement or connection either with any person, firm or corporation submitting a response
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Invitation for Bid (IFB) 754382
for the same items/services or with the City of Miami's Purchasing Department or initiating department. The
Bidder/Proposer certifies that its response is fair, without control, collusion, fraud or other illegal action.
Bidder/Proposer certifies that it is in compliance with the Conflict of Interest and Code of Ethics Laws. The City
will. investigate all potential situations where collusion may have occurred and the City reserves the right to reject
any and all bids/responses where collusion may have occurred.
1.19. COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS - Contractor understands that contracts
between private entities and local governments are subject to certain laws and regulations, including laws pertaining
to public records, conflict of interest. records keeping, etc. City and Contractor agree to comply with and observe all
applicable laws, codes and ordinances as that may in any way affect the goods or equipment offered, including but
not limited to:
A. Executive Order 11246, which prohibits discrimination against any employee, applicant, or client because of
race, creed, color, national origin, sex, or age with regard to, but not limited to, the following: employment
practices, rate of pay or other compensation methods, and training selection.
B. Occupational, Safety and Health Act (OSHA), as applicable to this Formal Solicitation.
C. The State of Florida Statutes, Section 287.133(3) (A) on Public Entity Crimes.
D. Environment Protection Agency (EPA), as applicable to this Formal Solicitation.
E. Uniform Commercial Code (Florida Statutes, Chapter 672).
F. Americans with Disabilities Act of 1990, as amended.
G. National Institute of Occupational Safety Hazards (NIOSH), as applicable to this Formal Solicitation.
H. National Forest Products Association (NFPA), as applicable to this Formal Solicitation.
I. City Procurement Ordinance City Code Section 18, Article III.
J. Conflict of Interest, City Code Section 2-511,61.
K Cone of Silence, _City Code Section 18-74,
L. The Florida Statutes Sections 218.73 and 218.74 on Prompt Payment.
Lack of knowledge by the bidder/proposer will in no way be a cause for relief from responsibility. Non-compliance
with all local, state, and federal directives, orders, and laws may be considered grounds for termination of
contract(s).
Copies of the 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, RFLI, or IFB 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, RFLI or IFBs (bids) between, among others:
Potential vendors, service providers, bidders, lobbyists or consultants and the City's professional staff including, but
not limited to, the City Manager and the City Manager's staff, the Mayor, City Commissioners, or their respective
staffs and any member of the respective selection/evaluation committee.
The provision does not apply to, among other communications:
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Invitation for Bid (IFB) 754382
Oral communications with the City purchasing staff, provided the communication is limited strictly to matters of
process or procedure already contained in the formal solicitation document; the provisions of the Cone of Silence do
not apply to oral communications at duly noticed site visits/inspections, pre -proposal or pre-bid conferences, oral
presentations before selection/evaluation committees, contract negotiations during any duly noticed public meeting,
or public presentations made to the Miami City Commission during a duly noticed public meeting; or
communications in writing or by email at any time with any City employee, official or member of the City
Commission unless specifically prohibited by the applicable RFP, RFQ, RFLI or IFB (bid) documents (See Section
2.2, of the Special Conditions); or communications in connection with the collection of industry comments or the
performance of market research regarding a particular RFP, RFQ, RFLI OR IFB by City Purchasing staff.
Proposers or bidders must file a copy of any written communications with the Office of the City Clerk, which 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 or bidder shall
render any award voidable. A violation by a particular Bidder, Proposer, Offeror, Respondent, lobbyist or
consultant shall subject same to potential penalties pursuant to the City Code. Any person having personal
knowledge of a violation of these provisions shall report such violation to the State Attorney and/or may file a
complaint with the Ethics Commission. Proposers or bidders should reference Section 18-74 of the City of Miami
Code for further clarification.
This language is only a summary of the key provisions of the Cone of Silence. Please review City of 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, the City of Miami is subject to the Florida Sunshine Act
and Public Records Law. If this Contract/Agreement contains a confidentiality provision, it shall have no application
when disclosure is required by Florida law or upon court order,
1.22. CONFLICT OF INTEREST — Bidders/Proposers, by responding to this Formal Solicitation, certify that to
the best of their knowledge or belief, no elected/appointed official or employee of the City of Miami is financially
interested, directly or indirectly, in the purchase of goods/services specified in this Formal Solicitation. Any such
interests on the part of the Bidder/Proposer or its employees must be disclosed in writing to the City. Further, you
must disclose the name of any City employee who owns, directly or indirectly, an interest of five percent (5%) or
more of the total assets of capital stock in your firm.
A. Bidder/Proposer further agrees not to use or attempt to use any knowledge, property or resource which may
be within his/her/its trust, or perform his/her/'its duties, to secure a special privilege, benefit, or exemption for
himself/herself/itself, or others. Bidder/Proposer may not disclose or use information not available to members of
the general public and gained by reason of his/her/its position, except for information relating exclusively to
governmental practices, for his/her/its personal gain or benefit or for the personal gain or benefit of any other person
or business entity.
B. Bidder/Proposer hereby acknowledges that he/she/it has not contracted or transacted any business with the
City or any person or agency acting for the City, and has not appeared in representation of any third party before any
board, commission or agency of the City within the past two years. Bidder/Proposer further warrants that he/she/it
is not related, specifically the spouse, son, daughter, parent, brother or sister, to (i) any member of the commission;
(li) the mayor; (iii) any city employee; or (iv) any member of any board or agency of the City.
C. A violation of this section may subject the Bidder/Proposer to immediate termination of any professional
services agreement with the City, imposition of the maximum fine and/or any penalties allowed by law.
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Invitation for Bid (IFB) 751382
Additionally, violations may be considered by and subject to action by the Miami -Dade County Commission on
Ethics.
1.23. COPYRIGHT OR PATENT RIGHTS — Bidders/Proposers warrant that there has been no violation of
copyright or patent rights in manufacturing, producing, or selling the goods shipped or ordered and/or services
provided as a result of this formal solicitation, and bidders/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 BIDDER/PROPOSER - All expenses involved with the preparation and submission
of Responses to the City, or any work performed in connection therewith shall be borne by the
Bid der (s)/Proposer(s) .
1.25. DEBARMENT AND SUSPENSIONS (Sec 18-107)
(a) Authority and requirement to debar and suspend. After reasonable notice to an actual or prospective Contractual
Party, and after reasonable opportunity for such party to be heard, the City Manager, after consultation with the
Chief Procurement Officer and the city attorney, shall have the authority to debar a Contractual Party, for the causes
listed below, from consideration for award of city Contracts. The debarment shall be for a period of not fewer than
three years. The City Manager shall also have the authority to suspend a Contractual Party from consideration for
award of city Contracts if there is probable cause for debarment, pending the debarment determination. The
authority to debar and suspend contractors shall be exercised in accordance with regulations which shall be issued
by the Chief Procurement Officer after approval by the City Manager, the city attorney, and the City Commission.
(b) Causes for debarment or suspension. Causes for debarment or suspension include the following:
(1) Conviction for commission of a criminal offense incident to obtaining or attempting to obtain a
public or private Contract or subcontract, or incident to the performance of such Contract or subcontract.
(2) Conviction under state or federal statutes of embezzlement, theft, forgery, bribery, falsification or
destruction of records, receiving stolen property, or any other offense indicating a lack of business
integrity or business honesty.
(3) Conviction under state or federal antitrust statutes arising out of the submission of Bids or
Proposals.
(4) Violation of Contract provisions, which is regarded by the Chief Procurement Officer to be
indicative of nonresponsibility. Such violation may include failure without good cause to perform in
accordance with the terms and conditions of a Contract or to perform within the time limits provided in a
Contract, provided that failure to perform caused by acts beyond the control of a party shall not be
considered a basis for debarment or suspension.
(5) Debarment or suspension of the Contractual Party by any federal, state or other governmental
entity.
(6) False certification pursuant to paragraph (c) below.
(7) Found in violation of a zoning ordinance or any other city ordinance or regulation and for which
the violation remains noncompliant.
(8) Found in violation of a zoning ordinance or any other city ordinance or regulation and for which a
civil penalty or fine is due and owing to the city.
(9) Any other cause judged by the City Manager to be so serious and compelling as to affect the
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Invitation for Bid (IFB) 751382
responsibility of the Contractual Party performing city Contracts.
(c) Certification. All Contracts for goods and services, sales, and leases by the city shall contain a certification that
neither the Contractual Party nor any of its principal owners or personnel have been convicted of any of the
violations set forth above or debarred or suspended as set forth in paragraph (b) (5).
(d) Debarment and suspension decisions. Subject to the provisions of paragraph (a), the City Manager shall render a
written decision stating the reasons for the debarment or suspension. A copy of the decision shall be provided
promptly to the Contractual Party, along with a notice of said party's right to seek judicial relief.
1.26. DEBARRED/SUSPENDED VENDORS —An entity or affiliate who has been placed on the State of Florida
debarred or suspended vendor list may not submit a response on a contract to provide goods or services to a public
entity, may not submit a response on a contract with a public entity for the construction or repair of a public building
or public work, may not submit response on leases of real property to a public entity, may not award or perform
work as a contractor, supplier, subcontractor, or consultant under contract with any public entity, and may not
transact business with any public entity.
1.27. DEFAULT/FAILURE TO PERFORM - The City shall be the sole judge of nonperformance, which shall
include any failure on the part of the successful Bidder/Proposer to accept the award, to furnish required documents,
and/or to fulfill any portion of this contract within the time stipulated.
Upon default by the successful Bidder/Proposer to meet any terms of this agreement, the City will notify the
Bidder/Proposer of the default and will provide the contractor three (3) days (weekends and holidays excluded) to
remedy the default. Failure on the contractor's part to correct the default within the required three (3) days shall
result in the Contract being terminated and upon the City notifying in writing the contractor of its intentions and the
effective date of the termination. The following shall constitute default:
A. Failure to perform the work or deliver the goods/services required under the Contract and/or within the time
required or failing to use the subcontractors, entities and personnel as identified and set forth, and to the degree
specified 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
Bidder/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 - Each Response will be reviewed to determine if it is
responsive to the submission requirements outlined in the Formal Solicitation. A "responsive" response is one which
follows the requirements of the formal solicitation, includes all documentation, is submitted in the format outlined in
the formal solicitation, is of timely submission, and has appropriate signatures as required on each document. Failure
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to comply with these requirements may deem a Response non-responsive.
A. Responsible Bidder shall mean a bidder/proposer who has submitted a bid/prposal and who has the capability,
as determined under the City Procurement Ordinance, in all respects to fully perform the contract requirements, and
the integrity and reliability of which give reasonable assurance of good faith and performance.
1.29. DISCOUNTS OFFERED DURING TERM OF CONTRACT - Discount Prices offered in the response
shall be fixed after the award by the Commission, unless otherwise specified in the Special Terms and Conditions.
Price discounts off the original prices quoted in the response will be accepted from successful Bidders)/Proposer(s)
during the term of the contract. Such discounts shall remain in effect for a minimum of 120 days from approval by
the City Commission Any discounts offered by a manufacturer to Bidder/Proposer will be passed on to the City.
1.30. DISCREPANCIES, ERRORS, AND OMISSIONS - Any discrepancies, errors, or ambiguities in the Formal
Solicitation or addenda (if any) should be reported in writing to the City's Purchasing Department. Should it be
found necessary, a written addendum will be incorporated in the Formal Solicitation and will become part of the
purchase agreement (contract documents). The City will not be responsible for any oral instructions, clarifications,
or other communications.
A. Order of Precedence — Any inconsistency in this formal solicitation shall be resolved by giving precedence to the
following documents, the first of such list being the governing documents.
1) Addenda (as applicable)
2) Specifications
3) Special Conditions
4) General Terms and Conditions
1.31. EMERGENCY / DISASTER PERFORMANCE - In the event of a hurricane or other emergency or disaster
situation, the successful vendor shall provide the City with the commodities/services defined within the scope of this
formal solicitation at the price contained within vendor's response. Further, successful vendor shall deliver/perform
for the city on a priority basis during such times of emergency.
1.32. ENTIRE BID CONTRACT OR AGREEMENT - The Bid Contract or Agreement consists of this City of
Miami Formal Solicitation and specifically this General Conditions Section, Contractor's Response and any written
agreement entered into by the City of Miami and Contractor in cases involving RFPs, RFQs, and RFLIs, and
represents the entire understanding and agreement between the parties with respect to the subject matter hereof and
supersedes all other negotiations, understanding and representations, if any, made by and between the parties. To the
extent that the agreement conflicts with, modifies, alters or changes any of the terms and conditions contained in the
Formal Solicitation and/or Response, the Formal Solicitation and then the Response shall control. This Contract may
be modified only by a written agreement signed by the City of Miami and Contractor.
1.33. ESTIMATED QUANTITIES —Estimated quantities or estimated dollars are provided for your guidance
only. No guarantee is expressed or implied as to quantities that will be purchased during the contract period, The
City is not obligated to place an order for any given amount subsequent to the award of this contract. Said estimates
may be used by the City for purposes of determining the low bidder or most advantageous proposer meeting
specifications. The City reserves the right to acquire additional quantities at the prices bid/proposed or at lower
prices in this Formal Solicitation.
1.34. EVALUATION OF RESPONSES
A.Rejection of Responses
The City may reject a Response for any of the following reasons:
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1) Bidder/Proposer fails to acknowledge receipt of addenda;
2) Bidder/Proposer mistates 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 Bidder's/Proposer(s) authorized agent.
The foregoing is not an all inclusive list of reasons for which a Response may be rejected. The City may reject and
re -advertise for all or any part of the Formal Solicitation whenever it is deemed in the best interest of the
City.
B. Elimination From Consideration
1) A contract shall not be awarded to any person or firm which is in arrears to the City upon any debt or contract, or
which is a defaulter as surety or otherwise upon any obligation to the City.
2) A contract may not be awarded to any person or firm which has failed to perform under the terms and conditions
of any previous contract with the City or deliver on time contracts of a similar nature.
3) A contract may not be awarded to any person or firm which has been debarred by the City in accordance with
the City's Debarment and Suspension Ordinance.
C. Determination of Responsibility
1) Responses will only be considered from entities who are regularly engaged in the business of providing the
goods/equipment/services required by the Formal Solicitation. Bidder/Proposer must be able to demonstrate a
satisfactory record of performance and integrity; and, have sufficient financial, material, equipment, facility,
personnel resources, and expertise to 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 Bidder/Proposer, including past performance (experience) with the City or any other governmental
entity in making the award.
3) The City may require the Bidder (s)/Pro poser (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 bidder/proposer must be F.O.B. DESTINATION, inside delivery, with all delivery costs and charges included in
the bid/proposal price, unless otherwise specified in this Formal Solicitation. Failure to do so may be cause for
rejection of bid/proposal.
1.37. FIRM PRICES - The bidder/proposer warrants that prices, 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
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or supplied over a period of time.
1.38. FLORIDA MINIMUM WAGE - The Constitution of the State of Florida, Article X, Section 24, states that
employers shall pay employee wages no less than the minimum wage for all hours worked in Florida. Accordingly,
it is the contractor's and its' subcontractor (s) responsibility to understand and comply with this Florida constitutional
minimum wage requirement and pay its employees the current established hourly minimum wage rate, which is
subject to change or adjusted by the rate of inflation using the consumer price index 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.
At the time of responding, it is bidder/proposer and his/her subcontractor (s), if applicable, full responsibility to
determine whether any of its employees may be impacted by this Florida Law at any given point in time during the
term of the contract. If impacted, bidder/proposer must furnish employee name(s), job title(s), job description(s),
and current pay rate (s). Failure to submit this information at the time of submitting a response constitute successful
bidder's/proposer's acknowledgement and understanding that the Florida Minimum Wage Law will not impact its
prices throughout the term of contract and waiver of any contractual price increase request(s). The City reserves the
right to request and successful bidder/proposer must provide for any and all information to make a wage and
contractual price increase(s) determination.
1.39. GOVERNING 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 (H1PAA) of 1996 and the City of Miami Privacy Standards.
HIPAA mandates for privacy, security and electronic transfer standards, which include but are not limited to:
A. Use of information only for performing services required by the contract or as required by law;
B. Use of appropriate safeguards to prevent non -permitted disclosures;
C. Reporting to the City of Miami of any non -permitted use or disclosure;
D. Assurances that any agents and subcontractors agree to the same restrictions and conditions that apply to the
Bidder/Proposer and reasonable assurances that IIHI/PHI will be held confidential;
E. Making Protected Health Information (PHI) available to the customer;
F. Making 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 Bidder/ Proposer must give its customers written notice of its privacy information
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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
instrumentalitles as herein provided.
The indemnification provided above shall obligate Contractor to defend at its own expense to and through appellate,
supplemental or bankruptcy proceeding, or to provide for such defense, at City's option, any and all claims of
liability and all suits and actions of every name and description which may be brought against City whether
performed by Contractor, or persons employed or utilized by Contractor.
This indemnity will survive the cancellation or expiration of the Contract. This indemnity will be interpreted under
the laws of the State of Florida, including without limitation and which conforms to the limitations of §725.06
and/or §725.08, Fla. Statues, as amended from time to time as applicable.
Contractor shall require all Sub -Contractor agreements to include a provision that they will indemnify the City.
The Contractor agrees and recognizes that the City shall not be held liable or responsible for any claims which may
result from any actions or omissions of the Contractor in which the City participated either through review or
concurrence of the Contractor's actions. In reviewing, approving or rejecting any submissions by the Contractor or
other acts of the Contractor, the City in no way assumes or shares any responsibility or liability of the Contractor or
Sub -Contractor, under this Agreement.
1.43. FORMATION AND DESCRIPTIVE LITERATURE—Bidders/Proposer must furnish all information
requested in the spaces provided in the Formal Solicitation, Further, as may be specified elsewhere, each
Bidder/Proposer must submit for evaluation, cuts, sketches, descriptive literature, technical specifications, and
Material Safety Data Sheets (MSDS)as required, covering the products offered, Reference to literature submitted
with a previous response or on file with the Buyer will not satisfy this provision.
1.44. 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 fumished upon request via
fax or e-mail to the Sr. Procurement Specialist issuing the Solicitation. Tabulations also are available on the City's
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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 Bidder/Proposer may be prohibited from submitting future responses to the City. Information regarding any
insurance requirements shall be directed to the Risk Administrator, Department of Risk Management, at 444 SW
2nd Avenue, 9th Floor, Miami, Florida 33130,305-416-1604.
The Bidder/Proposer shall be responsible for assuring that the insurance certificates required in conjunction with this
Section remain in effect for the duration of the contractual period; including any and all option terms that may be
granted to the Bidder/Proposer.
1.47. INVOICES - Invoices shall contain purchase order number and details of goods and/or services delivered
(i.e. quantity, 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 bidders/proposers a
separate Manufacturer's Certification of all statements made in the bid/proposal. Failure to provide such
certification may result in the rejection of bid/proposal or termination of contract/agreement, for which the
bidder/proposer must bear full liability.
1,50. MODIFICATIONS OR CHANGES IN PURCHASE ORDERS AND CONTRACTS - No contract or
understanding to modify this Formal Solicitation and resultant purchase orders or contracts, if applicable, shall be
binding upon the City unless made in writing by the Director of Purchasing 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
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as appropriate.
1.51. NO PARTNERSHIP OR JOINT VENTURE - Nothing contained in this Contract will be deemed or
construed to create a partnership or joint venture between the City of Miami and Contractor, or to create any other
similar relationship between the parties.
1.52. NONCONFORMANCE TO CONTRACT CONDITIONS - Items may be tested for compliance with
specifications under the direction of the Florida Department of Agriculture and Consumer Services or by other
appropriate testing Laboratories as determined by the City. The data derived from any test for compliance with
specifications is public record and open to examination thereto in accordance with Chapter 119, Florida Statutes.
Items delivered not conforming to specifications may be rejected and returned at Bidder's/Proposer's expense.
These non -conforming items not delivered as per delivery date In the response and/or Purchase Order may result in
bidder/proposer being found in default in which event any and all re -procurement costs may be charged against the
defaulted contractor. Any violation of these stipulations may also result in the supplier's name being removed from
the City of Miami's Supplier's list.
1.53. NONDISCRIMINATION—Bidder/Proposer agrees that it shall not discriminate as to race, sex, color, age,
religion, national origin, marital status. or disability in connection with its performance under this formal
solicitation. Furthermore, Bidder/Proposer agrees that no otherwise qualified individual shall solely by reason of
his/her race, sex, color, age, religion, national origin, marital status or disability be excluded from the participation
in, be denied benefits of, or be subjected to, discrimination under any program or activity.
In connection with the conduct of its business, including performance of services and employment of personnel,
Bidder/Proposer shall not discriminate against any person on the basis of race, color, religion, disability, age, sex,
marital status or national origin. All persons having appropriate qualifications shall be afforded equal opportunity
for employment.
1.54. NON-EXCLUSIVE CONTRACT/ PIGGYBACK PROVISION - At such times as may serve its best
interest, the City of 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 bidder (s) /proposer (s) to receive all orders that may be generated by the City in conjunction with this
Formal Solicitation.
In addition, any and all commodities, equipment, and services required by the City In conjunction with construction
projects are solicited under a distinctly different solicitation process and shall not be purchased under the terms,
conditions and awards rendered under this solicitation, unless such purchases are determined to be in the best
interest of the City,
1.55. OCCUPATIONAL LICENSE - Any person, firm, corporation or joint venture, with a business location in
the City of Miami and is submitting a Response under this Formal Solicitation shall meet the City's Occupational
License 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 Bidder/Proposer to supply the license to the City during the evaluation period, but prior to award.
1.56. ONE PROPOSAL - Only one (1) Response from an individual, firm, partnership, corporation or joint venture
will be considered in response to this Formal Solicitation.
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1.57. OWNERSHIP OF DOCUMENTS - It is understood by and between the parties that any documents, records,
files, or any other matter whatsoever which is given by the City to the successful Bidder/Proposer pursuant to this
formal solicitation shall at all times remain the property of the City and shall not be used by the Bidder/Proposer for
any other purposes whatsoever without the written consent of the City.
1.58. PARTIAL INVALIDITY - If any provision of this Contract or the application thereof to any person or
circumstance shall to any extent be held invalid, then the remainder of this Contract or the application of such
provision to persons or circumstances other than those as to which 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.
1.59. PERFORMANCE/PAYMENT BOND -A Contractor may be required to furnish a Performance/Payment
Bond as part of the requirements of this Contract, in an amount equal to one hundred percent (100%) of the contract
price.
1.60. PREPARATION OF RESPONSES (HARDCOPY FORMAT)-Bidders/Proposers are expected to
examine the specifications, required delivery, drawings, and all special and general conditions. All bid/proposed
amounts, if required, shall be either typewritten or entered into the space provided with ink. Failure to do so will be
at the B'idder's/Proposer's risk.
A. Each Bidder/Proposer shall furnish the information required in the Formal Solicitation, The Bidder/Proposer
shall sign the Response and print in ink or type the name of the Bidder/Proposer, address, and telephone number on
the face page and on each continuation sheet thereof on which he/she makes an entry, as required.
B. If so required, the unit price for each unit offered shall be shown, and such price shall include packaging,
handling and shipping, and F.03, Miami delivery inside City premises unless otherwise specified. Bidder/Proposer
shall include in the response all taxes, insurance, social security, workmen's compensation, and any other benefits
normally paid by the Bidder/Proposer to its employees. If applicable, a unit price shall be entered in the "Unit
Price" 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 Bidder/Proposer must state a definite time, if required, in calendar days for delivery of goods and/or
services.
D. The Bidder/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
Bidder's/Proposer's response may be included as part of the contract, at the City's discretion.
G. The City of Miami's Response Forms shall be used when Bidder/Proposer is submitting its response in
hardcopy format. Use of any other forms will result in the rejection of the response. IF SUBMITTING
HARDCOPY FORMAT, THE ORIGINAL AND THREE (3) COPIES OF THESE SETS OF FORMS, UNLESS
OTHERWISE SPECIFIED, AND ANY REQUIRED ATTACHMENTS MUST BE RETURNED TO THE CITY
OR YOUR RESPONSE MAY BE DEEMED NON-RESPONSWE.
1.61. PRICE ADJUSTMENTS - Any price decrease effectuated during the contract period either by reason of
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market change or on the part of the contractor to other customers shall be passed on to the City of Miami.
1.62. PRODUCT SUBSTITUTES - In the event a particular awarded and approved manufacturer's product
becomes unavailable during the term of the Contract, the Contractor awarded that item may arrange with the City's
authorized representatives) to supply a substitute product at the awarded price or lower, provided that a sample is
approved in advance of delivery and that the new product meets or exceeds all quality requirements.
1.63. CONFLICT OF INTEREST, AND UNETHICAL, BUSINESS PRACTICE PROHIBITIONS -
Contractor represents and warrants to the City that it has not employed or retained any person or company employed
by the City to solicit or secure this Contract and that it has not offered to pay, paid, or agreed to pay any person any
fee, commission, percentage, brokerage fee, or gift of any kind contingent upon or in connection with, the award of
this Contract.
1.64. PROMPT PAYMENT—Bidders/Proposers may offer a cash discount for prompt payment; however,
discounts shall not be considered in determining the lowest net cost for response evaluation purposes.
Bidders/Proposers are required to provide their prompt payment terms in the space provided on the Formal
Solicitation. If no prompt payment discount is being offered, the Bidder/Proposer must enter zero (6) for the
percentage discount to indicate no discount. If the Bidder/Proposer fails to enter a percentage, it is understood and
agreed that the terms shall be 2% 20 days, effective after receipt of invoice or final acceptance by the City,
whichever is later.
When the City is entitled to a cash discount, the period of computation will commence on the date of delivery, or
receipt of a correctly completed invoice, whichever is later, If an adjustment in payment is necessary due to
damage, the cash discount period shall commence on the date final approval for payment is authorized. If a discount
is part of the contract, but the invoice does not reflect the existence of a cash discount, the City is entitled to a cash
discount with the period commencing on the date it is determined by the City that a cash discount applies.
Price discounts off the original prices quoted on the Price Sheet will be accepted from successful bidders/proposers
during the term of the contract.
1.65. PROPERTY - Property owned by the City of Miami is the responsibility of the City of Miami. Such property
furnished to a Contractor for repair, modification, study, etc., shall remain the property of the City of Miami.
Damages to such property occurring while in the possession of the Contractor shall be the responsibility of the
Contractor. Damages occurring to such property while in route to the City of 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.
1.66. PROVISIONS BINDING - Except as otherwise expressly provided in the resulting Contract, all covenants,
conditions and provisions of the resulting Contract shall be binding upon and shall inure to the benefit of the parties
hereto and their respective heirs, legal representatives, successors and assigns.
1.67. PUBLIC ENTITY CRIMES - A person or affiliate who has been placed on the convicted vendor list
following a conviction for a public entity crime may not submit a response on a contract to provide any goods or
services to a public entity, may not submit a response on a contract with a public entity for the construction or repair
of a public building or public work, may not submit responses on leases of real property to a public entity, may not
be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public
entity, and may not transact business with any public entity in excess of the threshold amount provided in Section
287.617, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor
list.
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1.68. PUBLIC RECORDS - Contractor understands that the public shall have access, at all reasonable times, to all
documents and information pertaining to City contracts, subject to the provisions of Chapter 119, Florida Statutes,
and City of Miami Code, Section 18, Article III, and agrees to allow access by the City and the public to all
documents subject to disclosure under applicable law. Contractor shall additionally comply with the provisions of
Section 119.0701, Florida Statutes, entitled "Contracts; public records". Contractor's failure or refusal to comply
with the provision of this section shall result in the immediate cancellation of this Contract by the City.
1.69. QUALITY OF GOODS, MATERIALS, SUPPLIES, PRODUCTS, AND EQUIPMENT - All materials
used in the manufacturing or construction of supplies, materials, or equipment covered by this solicitation shall he
new. The items bid/proposed must be of the latest make or model, of the best quality, and of the highest grade of
workmanship, unless as otherwise specified in this Solicitation.
1.70. QUALITY OF WORK/SERVICES - The work/services performed must be of the highest quality and
workmanship. Materials furnished to complete the service shall be new and of the highest quality except as
otherwise specified in this Solicitation.
1.71. REMEDIES PRIOR TO AWARD (Sec. 18-106) - 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.
1.72. RESOLUTION OF CONTRACT DISPUTES (Sec. 18-105)
(a) Authority to resolve Contract disputes. The City Manager, after obtaining the approval of the city attorney, shall
have the authority to resolve controversies between the Contractual Party and the city which arise under, or by virtue
of, a Contract between them; provided that, in cases involving an amount greater than $25,000, the City
Commission must approve the City Manager's decision. Such authority extends, without limitation, to controversies
based upon breach of Contract, mistake, misrepresentation or lack of complete performance, and shall be invoked by
a Contractual Party by submission of a protest to the City Manager,
(b) Contract dispute decisions. If a dispute is not resolved by mutual consent, the City Manager shall promptly
render a written report stating the reasons for the action taken by the City Commission or the City Manager which
shall be final and conclusive. A copy of the 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.
1.73. RESOLUTION OF PROTESTED SOLICITATIONS AND AWARDS (Sec. I8-104)
(a) Right to protest. The following procedures shall be used for resolution of protested solicitations and awards
except for purchases of goods, supplies, equipment, and services, the estimated cost of which does not exceed
$25,000.
Protests thereon shall be governed by the Administrative Policies and Procedures of Purchasing.
1.Protest of Solicitation.
i. 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
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Invitation for Bid (IFB) 754382
ii. Any prospective bidder who intends to contest the Solicitation Specifications or a solicitation may protest to the
Chief Procurement Officer. A written notice of intent to file a protest shall be filed with the Chief Procurement
Officer within three days after the solicitation is published in a newspaper of general circulation. A notice of intent
to file a protest is considered filed when received by the Chief Procurement Officer.
2. Protest of Award.
L A written notice of intent to file a protest shall be filed with the Chief Procurement Officer within two days after
receipt by the proposer of the notice of the City Manager's recommendation for award of Contract, which will be
posted on the City of Miami Purchasing Department website, in the Supplier Corner, Current Solicitations and
Notice of Recommendation of Award Section. The notice of the City Manager's recommendation can 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
Bidder/Proposer must contact the buyer for that solicitation to obtain the suppliers name. It shall be the
responsibility of the Bidder/Proposer to check this section of the website daily after responses are submitted to
receive the notice; or
ii. Any actual Responsive and Responsible Bidder whose Bid is Iower than that of the recommended bidder may
protest to the Chief Procurement Officer. A written notice of intent to file a protest shall be filed with the Chief
Procurement Officer within two days after receipt by the bidder of the notice of the city's determination of non
responsiveness or non responsibility. The receipt by bidder of such notice shall be confirmed by the city by facsimile
or electronic mail or U.S. mail, return receipt requested. A notice of intent to file a protest is considered filed when
received by the Chief Procurement Officer.
W. A written protest based on any of the foregoing must be submitted to the Chief Procurement Officer within five
(5) days after the date the notice of protest was filed. A written protest is considered filed when received by the
Chief Procurement Officer.
The written protest may not challenge the relative weight of the evaluation criteria or the formula for assigning
points in making an award determination.
The written protest shall state with particularity the specific facts and law upon which the protest of the solicitation
or the award is based, and shall include all pertinent documents and evidence and shall be accompanied by the
required Filing Fee as provided in subsection (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 Iimits 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,
(la) Authority to resolve protests. The Chief Procurement Officer shall have the authority, subject to the approval of
the City Manager and the city attorney, to settle and resolve any written protest. The Chief Procurement Officer
shall obtain the requisite approvals and communicate said decision to the protesting party and shall submit said
decision to the City Commission within 30 days after he/she receives the protest. In cases involving more than
$25,000, the decision of the Chief Procurement Officer shall be submitted for approval or disapproval thereof to the
City Commission after a favorable recommendation by the city attorney and the City Manager.
(c) Compliance with filing requirements. Failure of a party to timely file either the notice of intent to file a protest or
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Invitation for Bid (IFB) 751382
the written protest, together with the required Filing Fee as provided in subsection (0, with the Chief Procurement
Officer within the time provided in subsection (a), above, shall constitute a forfeiture of such party's right to file a
protest pursuant to this section. The protesting party shall not be entitled to seek judicial relief without first having
followed the procedure set forth in this section
(d) Stay of Procurements during protests, Upon receipt of a written protest filed pursuant to the requirements of this
section, the city shall not proceed further with the solicitation or with the award of the Contract until the protest is
resolved by the Chief Procurement Officer or the City Commission as provided in subsection (b) above, unless the
City Manager makes a written determination that the solicitation process or the Contract award must be continued
without delay in order to avoid an immediate and serious danger to the public health, safety or welfare.
(e) Costs. All costs accruing from a protest shall be assumed by the protestor.
(f) 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
$5000.00, whichever is less, which filing fee shall guarantee the payment of all costs which may be adjudged against
the protestor in any administrative or court proceeding. If a protest is upheld by the Chief Procurement Officer
and/or the City Commission, as applicable, the filing fee shall be refunded to the protestor less any costs assessed
under subsection (e) above. If the protest is denied, the filing fee shall be forfeited to the city in lieu of payment of
costs for the administrative proceedings as prescribed by subsection (e) above.
1.74. SAMPLES - Samples of items, when required, must be submitted within the time specified at no expense to
the City. If not destroyed by testing, bidder (s) /proposer (s) will be notified to remove samples, at their expense,
within 30 days after notification. Failure to remove the samples will result in the samples becoming the property of
the City.
1.75. SELLING, TRANSFERRING OR ASSIGNING RESPONSIBILITIES - Contractor shall not sell, assign,
transfer or subcontract at any time during 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.
1.76. SERVICE AND WARRANTY —When specified, the bidder/proposer shall define all warranty, service and
replacements that will be provided. Bidders/Proposer must explain on the Response to what extent warranty and
service facilities are available. A copy of the manufacturer's warranty, if applicable, should be submitted with your
response.
1.77. SILENCE OF SPECIFICATIONS - The apparent silence of these specifications and any supplemental
specification as to any detail or the omission from it of detailed description concerning any point shall be regarded
as meaning that only the best commercial practices are to prevail and that only materials of first quality and correct
type, size and design are to be used. All workmanship and services is to be first quality.
All interpretations of these specifications shall be made upon the basis of this statement.
If your firm has a current contract with the State of Florida, Department of General Services, to supply the items on
this solicitation, the bidder/proposer shall quote not more than the contract price; failure to comply with this request
will result in disqualification of bid/proposal.
1.78. SUBMISSION AND RECEIPT OF RESPONSES - Responses shall be submitted electronically via the
Oracle System or responses may be submitted in hardcopy format to the City Clerk, City Hall, 3500 Pan American
Drive, Miami, Florida 33133-5504, at or before, the specified closing date and time as designated in the IFB, RFP,
RFQ, or RFLI. NO EXCEPTIONS. Bidders/Proposers are welcome to attend the solicitation closing; however, no
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Invitation for Bid (IFB) 754382
award will be made at that time.
A. Hardcopy responses shall be enclosed in a sealed envelope, box package. The face of the envelope, box or
package must show the hour and date specified for receipt of responses, the solicitation number and title, and the
name and return address of the Bidder/Proposer. Hardcopy responses not submitted on the requisite Response
Forms may be rejected. Hardcopy responses received at any other location than the specified shall be deemed
non-responsive.
Directions to City Hall:
FROM THE NORTH: 1-95 SOUTH UNTIL IT TURAS INTO USI. USI SOUTH TO 27TH AVE„ TURN LEFT,
PROCEED SOUTH TO SO. BAYSHORE DR. (3RD TRAFFIC LIGHT), TURN LEFT, 1 BLOCK TURN RIGHT
ON PAN AMERICAN DR. CITY HALL IS AT THE END OF PAN AMERICAN DR. PARKING IS ON RIGHT.
FROM THE SOUTH: USI NORTH TO 27TH AVENUE, TURN RIGHT, PROCEED SOUTH TO SO.
BAYSHORE DR. (3RD TRAFFIC LIGHT), TURN LEFT, 1 BLOCK TURIN RIGHT ON PAN AMERICAN DR.
CITY HALL IS AT THE END OF PAN AMERICAN DR. PARKING IS ON RIGHT.
B. Facsimile responses will not be considered.
C. Failure to follow these procedures is cause for rejection of bid/proposal.
D. The responsibility for obtaining and submitting a response on or before the close date is solely and strictly the
responsibility of Bidder/Proposer. The City of Miami is not responsible for delays caused by the United States mail
delivery or caused by any other occurrence. Responses received after the solicitation closing date and time will be
returned unopened, and will not be considered for award.
E. Late responses will be rejected.
F. All responses are subject to the conditions specified herein. Those which do not comply with these conditions
are subject to rejection.
G. Modification of responses already submitted will be considered only if received at the City before the time and
date set for closing of solicitation responses. All modifications must be submitted via the Oracle System or in
writing. Once a solicitation closes (closed date and/or time expires), the City will not consider any subsequent
submission which alters the responses.
H. If hardcopy responses are submitted at the same time for different solicitations, each response must be placed
in a separate envelope, box, or package and each envelope, box or package must contain the information previously
stated in 1.82.A.
1,79. TAXES - The City of Miami is exempt from any taxes imposed by the State and/or Federal Government,
Exemption certificates will be provided upon request. Notwithstanding, Bidders/Proposers should be aware of the
fact that all materials and supplies which are purchased by the Bidder/Proposer for the completion of the contract is
subject to the Florida State Sales Tax in accordance with Section 212.08, Florida Statutes, as amended and all
amendments thereto and shall be paid solely by the Bidder/Proposer.
1.80. TERMINATION —The City 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
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Invitation for Bid (IFB) 754382
its own convenience;
C. Funds are not available to cover the cost of the goods and/or services. The City's obligation is contingent upon
the availability of appropriate funds.
1.81. TERMS OF PAYMENT - Payment will be made by the City after the goods and/or services awarded to a
Bidder/Proposer have been received, inspected, and found to comply with award specifications, free of damage or
defect, and properly invoiced. No advance payments of any kind will be made by the City of Miami.
Payment shall be made after delivery, within 45 days of receipt of an invoice and authorized inspection and
acceptance of the goods/services and pursuant to Section 218.74, Florida Statutes and other applicable law.
1.82. TIMELY DELIVERY - Time will be of the essence for any orders placed as a result of this solicitation. The
City reserves the right to cancel such orders, or any part thereof, without obligation, if delivery is not made within
the Lime(s) specified on their Response. Deliveries are to be made during regular City business hours unless
otherwise specified In the Special Conditions.
1.83. TITLE - Title to the goods or equipment shall not pass to the City until after the City has accepted the
goods/equipment or used the goods, whichever comes first.
1.84.TRADE SECRETS EXECUTION TO PUBLIC RECORDS DISCLOSURE- All Responses submitted to
the City are subject to public disclosure pursuant to Chapter 119, Florida Statutes. An exception may be made for
"trade secrets."
If the Response contains information that constitutes a "trade secret", all material that qualifies for exemption from
Chapter 119 must be submitted in a separate envelope, clearly identified as "TRADE SECRETS EXCEPTION,"
with your firm's name and the Solicitation number and title marked on the outside.
Please be aware that the designation of an item as a trade secret by you may be challenged in court by any person.
By your designation of material in your Response as a "trade secret" you agree to indemnify and hold harmless the
City For any award to a plaintiff for damages, costs or attorney's fees and for costs and attorney's fees incurred by
the City by reason of any legal action challenging your claim.
1.85. UNAUTHORIZED WORT{ OR DELIVERY OF GOODS- Neither the qualified Bidder(s)/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 Bidders)/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 othenvise
previously authorized.
1.86. USE OF NAME - The City is not engaged in research for advertising, sales promotion, or other publicity
purposes. No advertising, sales promotion or other publicity materials containing information obtained from this
Solicitation are to be mentioned, or imply the name of the City, without prior express written permission of the City
Manager or the City Commission.
1.87. VARIATIONS OF SPECIFICATIONS - For purposes of solicitation evaluation, bidders/proposers must
indicate any variances from the solicitation specifications and/or conditions, no matter how slight. If variations are
not stated on their Response, it will be assumed that the product fully complies with the City's specifications.
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Invitation for Bid (IFB) 754382
2. Special Conditions
2.1. PURPOSE
The purpose of this Solicitation is to establish a contract, for Pre -Employment Polygraph Examination Services, as
specified herein, from a source(s), fully compliant with the terms, conditions and stipulations of the solicitation.
2.2. DEADLINE FOR RECEIPT OF REQUEST FOR ADDITIONAL INFORMATION/CLARIFICATION
Any questions or clarifications concerning this solicitation shall be submitted by email or facsimile to the
Procurement Department, Attn: Pearl Bethel, CPPB; fax: (305) 400-5340 or email: pbethel@miamigov.com, and a
copy filed with the Office of the City Clerk, pursuant to Section 1.20. Cone of Silence. The solicitation title and
number shall be referenced on all correspondence. All questions must be received no later than Friday, November
10, 2017 at 5:00 PNI. All responses to questions will be sent to all prospective bidders/proposers in the form of an
addendum. NO QUESTIONS WILL BE RECEIVED VERBALLY OR AFTER SAID DEADLINE.
2.3. PRE-BID/PRE-PROPOSAL CONFERENCE
None
2.4. TERM OF CONTRACT
The Contract shall commence upon the date of notice of award and shall be effective for three (3) years with the
option to renew for one (1) additional three (3) year period subject to the availability of funds for succeeding fiscal
years,
Continuation of the contract beyond the initial period is a City prerogative; not a right of the Bidder. This
prerogative will be exercised only when such continuation is clearly in the best interest of the City.
2.5. CONDITIONS FOR RENEWAL
Each renewal of this contract is subject to the following:
(1) Continued satisfactory performance compliance with the specifications, terms and conditions established
herein.
(2) Availability of funds
2.6. BIDDERS MINIMUM QUALIFICATIONS
Bids will be considered only from firms that are regularly engaged in the business of providing goods and/or
services as described in this bid; that have a record of performance for five (5) years; and that have adequate
financial support, equipment and organization to insure that they can satisfactorily provide the goods and/or services
if awarded a Contract under the terms and conditions herein stated. The minimum qualifications for this bid are that
the Successful Bidder shall, as of Bid Due Date:
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Invitation for Bid (IFB) 754382
(1) Propose Polygraph Examiners that are certified graduates of an American Polygraph Association (APA)
accredited school or American Association of Police Polygraphists (AAPP). Copies of certifications for each
member proposed to provide services on this contract shall be submitted with the bid submittal.
(2) Provide documentation that each member proposed to provide services on this contract is an active member, in
good standing, with one of the following polygraph examiner associations and has attended a minimum of sixteen
(16) hours of training sponsored by one of these organizations:
American Polygraph Association (APA)
American Association of Police Polygraphists (AAPP)
Florida Polygraph Association (FPA)
(3) Have facilities located within the City of Miami or Miami -Dade County where Polygraph Examinations will
be performed.
(4) Not have any member, officer, or stockholder that is in arrears or is in default of any debt or contract involving
the City, is a defaulter surety otherwise, upon any obligation to the City, and/or has failed to perform faithfully on
any previous contract with the City.
(5) Have no record of pending lawsuits or criminal activities, and have never been declared bankrupt.
2.7. SUBCONSULTANTS/SUBCONTRACTORS
SUBCONSULTANTS/SUBCONTRACTORS ARE NOT ALLOWED FOR THESE SERVICES
2.8. REFERENCES
Each bid must be accompanied by three (3) References from within the past five (5) years. Reference information
shall be provided on the Reference Questionnaire attached to the Header/Attributes Section of this Invitation for Bid
(IFB), which shall include the name of the company, date of contract, description of services provided, a contact
person and the telephone number. FAILURE TO PROVIDE THE THREE (3) COMPLETED REFERENCE
QUESTIONNAIRE FORMS AT THE TIME OF BID SUBMITTAL MAY DEEM BIDDER
NON-RESPONSIVE.
2.9. METHOD OF AWARD
Award of the contract will be made to the lowest responsive and responsible bidder(s) on a Primary and Secondary
basis, who bids on all items and whose bid offers the lowest price when all items are added in the aggregate. In the
event the Primary vendor is unable to accept a project(s) due to capacity, time constraints, or other reasons
acceptable to the City, the City will offer the project to the Secondary vendor.
210. TIE BIDS
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Whenever two or more Bids which are equal with respect to price, quality and service are received by the City for
the procurement of commodities or contractual services, a Bid received from a business that certifies that it has
implemented a drug-free workplace program shall be given preference in the award process. Established procedures
for processing tie Bids will be followed if none of the tied vendors have a drug-free workplace program. In order to
have a drug-free workplace program, a business shall:
(1) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or
use of a controlled substance is prohibited in the workplace and specifying the action that will be taken against
employees for violations of such prohibition..
(2) Inform employees about the dangers of drug abuse in the workplace, the business' policy of maintaining a
drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the
penalties that may be imposed upon employees for drug abuse violations.
(3) Give each employee engaged in providing the commodities or contractual services that are under Bid a copy of
the statement specified in subsection (1).
(4) In the statement specified in subsection (I), notify the employees that, as a condition of working on the
commodities or contractual services that are under Bid, the employee will abide by the terms of the statement and
will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 or
of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later
than five (5) days after such conviction.
(5) Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation
program, if such is available in the employee's community, by any employee who is so convicted.
(6) Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section
2.11. INSURANCE REQUIREMENTS
INDEMNIFICATION
Successful Bidder shall indemnify, hold / save harmless and defend at its own costs and expense, the City and its
officials, from and against any and all claims, liabilities, tosses, and causes of action, which may arise out of
Successful Bidder's performance under the provisions of the Contract, including all acts or omissions to act on the
part of Successful Bidder, including any person performing under this Contract for or on Successful Bidder's behalf,
provided that any such claims, liabilities, losses and causes of such action are not attributable to the negligence or
misconduct of the City and, from and against any orders, judgments or decrees which may be entered and which
may result from this Contract, unless attributable to the negligence or misconduct of the City, and from and against
all costs, attorneys fees, expenses and liabilities incurred in the defense of any such claim, or the investigation
thereof.
The Successful Bidder shall furnish to the City of Miami, c/o Procurement Department, 444 SW 2nd Avenue, 6th
Floor, Miami, Florida 33130; Certificate(s) of Insurance which indicates that insurance coverage has been obtained
which meets the requirements outlined below:
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I. 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 additional insured
Contingent & 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
Owned/Scheduled Autos
Including Aired, 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
Invitation for Bid (IFB) 751382
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Invitation for Bid (IFB) 754382
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
$500,000 for bodily injury caused by disease, policy limit
1V, Professional Liability/Errors and Omissions Coverage
Combined Single Limit
Each Claim $1,000,000
General Aggregate Limit $1,000,000
Retro Date Included
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.
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.
Z.12. ADDITIONS/DELETIONS OF SERVICES/EXAMINERS
Although this Bid Identifies services to be conducted, it is hereby agreed and understood that any appropriate
additional services may be added/deleted to/from this contract at the option of the City. When an addition to the
contract is required, the Successful Bidder(s) under this contract shall be invited to submit price quotes for these new
services. If these quotes are comparable with market prices offered for similar services, they shall be added to the
contract whichever is in the best interest of the City and an addendum and a separate purchase order shall be issued
by the City. If additional Examiners are required, Successful Bidder (s) under this contract shall be invited to submit
names and minimum qualifications for proposed Examiners. The City will determine the number of Examiners
needed, and shall add to the contract if in the best interest of the City and an addendum and a separate purchase
order shall be issued by the City.
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2.13. 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 $100,000.00 annually, and that have been competitively solicited and awarded on, or after January i,
2017 by the City.
"Service Contract" means a Contract to provide services to the City, excluding, however, professional services as
defined by the "Consultants Competitive Negotiation Act" set forth in F.S, § 287.055, and Section 18-87 of the City
Code, and/or the other exclusions provided by Section 18-557 of the City Code. Section 18-557, City of Miami
]Living Wage Ordinance, is attached as Attachment A. Please see provisions in Attachment A.
If a solicitation requires services, effective on January 1, 2017, Successful Bidder's 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.
2.14. PROJECT MANAGER
Upon award, Successful Bidder (s) shall report and work directly with Alicia Roman. City of Miami Police
Department, or designee who shall be designated as the Project Manager for the City.
2.15. COMPLETED WORK
The City shall be notified by the Successful Bidder (s) upon completion of work as per Specifications, Section 3.0.
The City shall review and accept completed work before authorizing payment. Work not satisfactorily completed
shall be redone by the Successful Bidder (s) at no additional charge to the City.
2.16. FAILURE TO PERFORM
Should it not be possible to reach the Successful Bidder or supervisor and/or should remedial action not be taken
within 48 hours of any failure to perform according to Specifications, the City reserves the right to declare
Successful Bidder in default of the contract or make appropriate reductions in the contract payment. Three instances
of Failure to Perform, filed with the Procurement Department, may be cause for dismissal of the Primary Supplier
and all future business issued to the Secondary Supplier.
2.17. INVOICING
The City's Finance Department requires that original invoices be forwarded to a prescribed address as denoted in
every Purchase Order. However, Successful Bidder (s) shall forward a hardcopy of any original invoice to the City
Project Manager. Invoices shall include the following information at a minimum;
Description of service;
1. Unit and total cost;
2. Purchase Order Number;
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3. Address for which the services related to the invoice were performed;
4. Invoice number; and
5. Time period of service.
2.18. METHOD OF PAYMENT
Full payment will be made upon receipt and acceptance of a complete unit(s). No down or partial down payments
will be made,
219. NON -APPROPRIATION OF FUNDS
In the event no funds or insufficient funds are appropriated and budgeted or are otherwise unavailable in any fiscal
period for payments due under this contract, then the City, upon written notice to the Successful
Bidder(s)IProposer(s) or his assignee of such occurrence, shall have the unqualified right to terminate the contract
without any penalty or expense to the City. No guarantee, warranty or representation is made that any project(s)
will be awarded to any firm(s).
2.20. TERMINATION
A. FOR DEFAULT
If Successful Bidder defaults in its performance under this Contract and does not cure the default within 30 days
after written notice of default, the City Manager may terminate this Contract, in whole or in part, upon written notice
without penalty to the City of Miami. In such event the Successful Bidder shall be liable for damages including the
excess cost of procuring similar supplies or services; provided that if, (1) it is determined for any reason that the
Successful Bidder was not in default or (2) the Successful Bidder's failure to perform is without his 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 30 days prior written notice when it is in
the best interest of the City of Miami. If this Contract is for supplies, products, equipment, or software, and so
terminated for the convenience by the City of Miami the Successful Bidder will be compensated in accordance with
an agreed upon adjustment of cost. To the extent that this Contract is for services and so terminated, the City of
Miami shall be liable only for payment in accordance with the payment provisions of the Contract for those services
rendered prior to termination.
2.21. ADDITIONALTERMS AND CONDITIONS
No additional terms and conditions included as part of your solicitation response shall be evaluated or considered,
and any and all such additional terms and conditions shall have no force or effect and are inapplicable to this bid. 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 bid are the only conditions applicable to this bid and that the Bidder's authorized signature
affixed to the Bidder's acknowledgment form attests to this.
Page 33 of 37
Invitation for Bid (IFB) 754382
3. Specifications
3.1. SPECIFICATIONS/SCOPE OF WORK
The City of Miami ("City") requires the services of qualified firms to provide on an "as needed" basis,
pre-employment polygraph examinations and related services for the City's Police Department ("Police"). Services
will be primarily utilized by Police for pre-employment selection processes, and expert testimony in support of the
examinations, The City will notify the Successful Bidder of the applicants and the Successful Bidder will have
twenty-four (24) hours to advise the City if it can provide the services as requested. Any and all expenses incurred in
the administering of pre-employment polygraph examinations shall be included in the pre-employment examination
bid price submitted by the Successful Bidder.
3.2 Successful Bidder Responsibilities:
The Successful Bidder shall conduct as further defined herein, pre-employment polygraph examinations, specific
area of inquiry polygraph examinations, and re-examination of applicants with inconclusive results.
Successful Bidder shall:
1. Obtain and maintain, on a current basis, all permits and licenses required for its operations. Successful Bidder
shall comply with all applicable laws, ordinances, regulations and special conditions. Damages, penalties, and fines
imposed upon or incurred by the City or Successful Bidder for failure to obtain and keep current licenses or permits
required to be obtained by Successful Bidder, or for Successful Bidder's failure to comply with laws, ordinances,
regulations or special conditions shall be borne by Successful Bidder.
2. Test only those applicants with a polygraph notification letter and a valid State or Federal Government issued
picture identification.
3. Schedule and administer the pre-employment polygraph examinations within ten (10) working days of receipt
of purchase order, unless otherwise approved by the City. Examinations shall be scheduled between the hours of
8:00 a.m. and 5:00 p.m., Monday through Friday at a time that is convenient to both parties. The City may request
that services be conducted outside of these hours (i.e., emergencies, evening, and weekend hours), when deemed
necessary by the City.
4. Administer the Pre-employment Polygraph Examinations in accordance with the Employee Polygraph
Protection Act (EPPA) of 1988.
5. Provide a "Release" which the applicant must sign stipulating that the applicant voluntarily agrees to be
examined by use of the polygraph, and releasing the City from any liability.
6. Design the pre-employment polygraph examination format to be utilized. The City reserves the right to review
and approve examination format prior to implementation. The City further reserves the right to modify examination
format at any time during the term of any contract issued as a result of this bid.
7. Provide technical assistance in support of the Services listed herein, to include consultation with the City's
Project Manager, as deemed necessary by the City. The Successful Bidder shall be available for telephone
consultations, meetings, etc. between the hours of HO a.m. and 5:00 p.m., Monday through Friday. The City
reserves the right to contact the Successful Bidder during evening hours (after 5:00 p.m.) and/or weekends.
8. Re -test applicants showing deception for that specific area, in an attempt to clear the noted deception. The
Successful Bidder shall run a second and third chart then render a decision by the polygraph examiner, pertaining to
those findings. The results shall be included in a written report provided by the Successful Bidder to the City.
Admissions by the applicant relating to a deception area shall be provided in writing by the applicant to the
Page 34 of 37
Invitation for Bid (IFB) 754382
Successful Bidder ("examiner") who attaches this written admission statement to the written report provided by the
Successful Bidder. [Von -compliance will be noted by the examiner in the written report.
9. Administer specific area of inquiry polygraph examination on an applicant, on which it had previously
performed a pre-employment polygraph examination. Successful Bidder shall ensure that the Examiner who
performed the "Pre -Employment Examination" shall not perform the "Specific Polygraph Examination unless
specifically requested by the City. The City reserves the right to request that a Specific Polygraph Examination be
performed by either the Successful Bidder or by a Miami Police Department Examiner, for a particular applicant.
10. Not administer a polygraph examination for the purpose of an employment appeal or dispute for an applicant
that has previously been tested by the City.
11. Notify the City if an applicant has received a polygraph test within the previous sixty (60) days to determine if
further testing is required. If the City's direction is that the applicant not be retested, a copy of the previous test
results shall be sent to the City at no additional cost.
12, Administer pre-employment polygraph testing to pregnant applicants only after receiving "written" permission
from the applicant's Obstetrician, and only during the first trimester (first three (3) months) of applicant's pregnancy.
13. Not have applicants waiting more than 30 minutes before taking a polygraph examination.
14. Not test applicants with visible signs of flu, cold, etc.
15. Not bill the City for applicants that cancelled prior to noon on the previous business day of the scheduled
examination.
16, Provide testimony at depositions, pre-trial meetings, civil, criminal and administrative hearings, which may be
required as a result of services provided, by the Successful Bidder, at the times and location required. The City will
advise the Successful Bidder within a reasonable time period when such services will be required.
17. Maintain Client and City confidentiality.
Notes:
1. A "no show" fee shall be appropriate whenever an applicant does not give a minimum of twenty-four (24)
hours' notice of their inability to attend the examination. The "no show" fee shall not exceed one-half of the cost of
the polygraph examination.
2. A "litigation" or witness fee shall be appropriate in an instance where the examiner, at the request of the City's
Project Manager or designee, is asked to give testimony as an expert witness regarding a polygraph which he/she has
conducted. The fee charged shall be an hourly fee, from the time of arrival at the location where the testimony is to
be given, until the time of departure from same, and shall include all expenses associated with the court appearance
or deposition (i.e., travel expense, gasoline, tolls, per diem, etc.).
3.3 Examiner -Back gr'2und Screening
Successful Bidder shall:
1. Conduct an annual background check on each Polygraph Examiner providing services listed herein. Prior to
commencing work, Successful Bidder shall furnish to the City's Project Manager proof of background screenings
completed on Successful Bidder's Polygraph Examiners performing services. All Polygraph Examiners used by the
Successful Bidder performing work for the City, must be approved by the City prior to conducting examinations.
When considering using a Polygraph Examiner not previously approved by the City, the Successful Bidder shall
inform the City and shall provide all necessary information as required under Section 2.6, Bidder's Minimum
Qualifications.
Page 35 of 37
Invitation for Bid (IFB) 754382
3.4 Written Reports and Reporting Requirements
Successful Bidder shall:
1. Submit all completed Examinations, including audio/video recordings, computerized charts, reports, and any
written documentation produced as a result of any and all polygraph examinations to the City's Project Manager or
designee for quality review within seven (7) working days after the scheduled examination. The Successful Bidder
shall be responsible for the delivery of these items to the City Project Manager or designee. The Successful Bidder
shall also make the examiner available for consultation with City personnel as required.
2. Abide by Quality Control guidelines established by the City, including completing any corrective action as
identified by the City.
3. Maintain all notes and reports with respect to each applicant tested for a period of two (2) years from the date of
the City approved written report. The Successful Bidder shall make such information available to the City as
requested.
4. Upon request by the City, submit quarterly reports, which summarize the prior three (3) months test results.
Reports shall be in the format, and contain the data fields, as requested by the City. Reports shall include, but not be
limited to: a) number of applicants tested, b) number of applicants tested by gender, race, and ethnicity, c) results of
all applicants tested, and d) number of no shows.
3.5 Administrative and Related Services
Successful Bidder shall:
1. Designate a Project Manager who shall work closely with the City's Project Manager or designee on all matters
relating to providing the Services as listed herein.
2. Utilize the most technologically advanced polygraph examination equipment. At a minimum, equipment should
be digital, and include the following measurement components:
L Thoracic respiration
ii. Abdominal respiration
iii. Electro dermal
iv. Cardio
3. Ensure the equipment utilized to administer the Services listed herein, has the most recent software, inclusive
of updates. Successful Bidder shall have back-up testing equipment available to perform the Services listed herein to
avoid service interruptions due to equipment failure.
4. Maintain all applicants' records, to include name, date of examination, examiner's notes, and specific
examination(s) administered. Such information shall be available at the facility where examination was conducted
for review by the City at any time. In addition, the Successful Bidder shall maintain a complete file of each applicant
for a minimum of five (5) years from the date of the completed polygraph examination. Such records shall be made
available to the City within 48 hours of request.
5. In addition to having a location within the City of Miami or Miami -Dade County, Successful Bidders facility
shall be of sufficient size to accommodate the number of applicants scheduled at any one time, and include adequate
waiting and parking areas. The facilities examination rooms shall he isolated from high traffic areas, promoting a
quiet environment with minimal distractions during testing.
Page 36 of 37
Invitation for Bid (IFB) 754382
3.6 City of Miami's Resnonsibiiitl:
The City will:
1. Assign a Project Manager or designee, who will be responsible for monitoring the Successful Bidder's
performance under the terms and conditions of this Contract; and will be the individual authorized to request
services from the Successful Bidder.
2, On an "as needed" basis, provide a list of applicants who have been notified of a pending polygraph examination.
The list will also contain the specific areas of concern that the polygraph examiner should explore in detail.
3. On an "as needed" basis, provide a list of pertinent questions to be covered during the examination.
4. Notify the Successful Bidder of cancellations for polygraph testing by noon of the previous business day.
Page 37 of 37
ATTACHMENT A
CITY OF MIAMI LIVING WAGE ORDINANCE
ARTICLE X. - LIVING WAGE REQUIREMENTS FOR SERVICE CONTRACTS AND CITY
EMPLOYEES
Footnotes:
--- (9) ---
(Vote— Sect of, 5 of Ord No. 12-187 stases that this article shall be of ect:ve October 1 2106
Editor'3 note-- Prior to the adoot:on o` Ord. No, 12737, Crd. No. 12623, S 2, adopted December 9. 2004.
repeated art=clu X. d viszns 1-4, in Its emira y, which pertained to the econorriL development financing
a_ithority and derived from Ord. flu 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
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.
(3) 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 thie
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. Ali 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
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 Irving 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)
lassification;(3) The number of hours worked each day;
(4) The gross wages earned and deductions made;
(5) Annual wages paid,-
(6)
aid;(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
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. Na. 13110, § 2, 10-22-09)
Sec. 18-559, - Compliance and enforcement.
(a) Service contractor to cooperate, The service contractor shaO 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 appiicable 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
(3) 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.
(g) 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.
Page 4
(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
REFERENCE QUESTIONNAIRE
Invitation for Bid (IFB) 754382
Pre -Employment Polygraph Examination Services
Company Name:
Company Contact Person:
Company Phone: Company Email:
1. Describe the services this firm has provided or currently provides to your organization:
2. Has this firm provided for your organization Pre -Employment Polygraph Examination Services as
described in the attached Scope of Work?
Yes No
When were the services provided and for what period of time?
3. What problems, if any, were encountered with this firm during the performance of their services, and
how were the problems resolved? (Please attach a separate sheet should more space be needed)
4. Based on the rating scale below please assign a number to the questions as they pertain to the
services provided by the proposer to your organization:
Ratings: 1 = Excellent; 2 = Good; 3 = Acceptable; 4 = Poor; 5 = Not Acceptable
Evaluated Item Rating
Overall Quality of Com an 's Performance
Adherence to contractual specification/scope of work, terms and conditions
Quality of Key Personnel
Reliability of Personnel
Timely Notification of potential delays/problems
Handling of complaints/non-performance
Timely response to Emergencies and/or Directives
Company's Reliability
Level of comfort and confidence you had in the company through the contracted
period
Overall performance of the company through the contracted period
Would this company be considered to perform work in the future for your organization? _Yes No
Are there any overall Comments that we should also know about or which would assist us during this
evaluation process?
Signature:
Date:
Title:
Note: The Reference Questionnaire is to be completed and returned with your bid submittal
package. Failure to include three (3) Reference Questionnaires with your bid submittal may render
your bid non-responsive.