Loading...
C2B-Issue RFP Acquisition Of Emergency Shelter Beds To Serve HomelessCOMMISSION ITEM SUMMARY Condensed Title: Request For Approval To Issue A Request For Proposals For The Acquisition Of Emergency Shelter Beds To Serve The Homeless Population. Ke Intended Outcome Su orted: Reduce the Number of Homeless Supporting Data {Surveys, Environmental Scan, etc.): 42% of residents rate the City's ability to address homelessness as excellent or ood accordin to the 2012 Resident Satisfaction Surve . Item Summa /Recommendation: The City contracts with The Salvation Army and Miami Rescue Mission for emergency shelter beds to serve homeless persons engaged by the Homeless Outreach Office. The City's most recent contract with The Salvation Army terminated on September 30, 2013. At the July 17, 2013 Commission meeting, the Administration sought and obtained consent to issue a month-to-month extension of The Salvation Army contract to enable staff an opportunity to review the Request For Applications (RFA) for emergency shelter beds being issued by the Miami-Dade County Homeless Trust (Trust) in September 2013. While the City's homeless population is down to 106 persons as of the last Point-in-Time Homeless Census on August 29,2013, the need for shelter beds remains high. Upon review of the Trust's RFA, staff determined that its scope did not adequately address the need for critical interim measures to ensuring that clients are actively kept on track to successfully transition to permanent placement. Therefore, we recommend issuing a Request For Proposals (RFP) that addresses these issues. Among the specific items which were not included in the County's RFA but considered significant: • Requiring shelter providers to accept the initial care plan (terms of service) at the time of client's placement in shelter; • Provide weekly progress notes for clients placed in shelter; • Ensure that care plan timelines are being met; and • Notify the City if client is failing to meet the terms of his/her care plan including limelines, among others. In addition. we are seeking more specific information about the shelter facilities and their professional staff including: • Accessibility to public transportation; • Number of lower bunks beds available (as this is critical for elderly and mobility impaired clients); • Proximity of primary and secondary schools and/or experience and operational protocols working with homeless children attending Miami-Dade County Public Schools; • Experience and efficacy of employment placement services; and • Accessibility to Alcoholics Anonymous and similar support group meetings (either in-house or in close proximity to facility) to support sobriety goals for those facing addiction, among others. Conclusion and Recommendation: In support of the City's Key Intended Outcome to reduce homelessness and ensure that shelter beds align with our expanded protocols, the Administration recommends authorizing the issuance of an RFP for emergency shelter beds to serve the homeless o ulation. Advisory Board Recommendation: I N/A Financial Information: Source of Funds: Amount n Total OBPI Financial Impact Summary: N/A Cit Clerk's Office Legislative Trackin Maria Ruiz, Extension 6491 artment Director Assistant City Manager MLR .~ AD T:\AGENDA\2013\0ctober MIAMI BEACH 63 Account Approved AGENDA ITEM _c_~_B __ DATE lo -16 ..-;:J ... MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miomibeochfl.gov ISSION MEMORANDUM TO: Mayor Matti Herrera Bower and DATE: October 16, 2013 SUBJECT: REQUEST FOR APPROVAL TO SUE A REQUEST FOR PROPOSALS (RFP) FOR THE ACQUISITION OF ERGENCY SHELTER BEDS TO SERVE HOMELESS MEN, WOMEN AND FAMILIES. ADMINISTRATION RECOMMENDATION Approve the Resolution. BACKGROUND The City, through its Homeless Outreach Program, conducts outreach and engagement to identify homeless persons who are willing to accept shelter as a means of ending their personal homelessness. Last calendar year, the Outreach Program served 686 people, conducted 5,779 contacts and made 239 shelter placements. Historically, the City has purchased 31 beds from The Salvation Army for men, women and families with children and an additional15 beds for men from Miami Rescue Mission. The City's most recent contract with The Salvation Army terminated on September 30, 2013. The Miami Rescue Mission contract expires in 2014. Atthe July 17, 2013 Commission meeting, the Administration sought and obtained consent to issue a month-to-month extension of The Salvation Army contract to enable staff an opportunity to review the Request For Applications (RFA} for emergency shelter beds being issued by the Miami-Dade County Homeless Trust in September 2013. ANALYSIS While the City's homeless population is down to 106 persons as of the last Point-In-Time Homeless Census on August 29, 2013, many who remain face addiction, mental illness and often both conditions. The City has proactively engaged in developing strategic alliances with a variety of supportive service providers engaged in the Continuum of Care including population-specific shelters such as Lotus House as well as Homeless Trust-funded shelters such as Camillus House. However, the need for shelter beds remains high. The City has contracted with The Salvation Army for emergency shelter services since 2001. In 2003, the Commission approved the waiving of competitive bid requirements to increase the total number of contracted beds to 31 at The Salvation Army. The City has maintained these beds as well as those at Miami Rescue Mission since then. The Salvation Army provides a variety of services in conjunction with the provision of actual beds including meals, medical screenings, clothing and case management to assist the clients in obtaining employment, apply for entitlements and prepare to transition to permanent or supportive housing. Traditionally, the contracts for emergency shelter beds reflected those similarly issued though the Continuum of Care and adhere, at a minimum, to the Miami-Dade County Homeless Trust 64 Resolution authorizing the Issuance of a RFP for the Acquisition of Emergency Shelter Beds for the Homeless October 16, 2013 Page 2of2 Standards of Care. However, as we expand our efforts to address the needs of the chronically homeless, shelter services should incorporate additional interim measures (to ensure that homeless client make progress towards permanent placements) and cooperation between the City and shelter providers must grow to ensure that recidivists are properly served in subsequent engagements for service. Upon review of the Miami-Dade County Homeless Trust RFA, staff determined that its scope did not adequately address the need for critical interim measures (to ensure that clients are actively kept on track to successfully transition to permanent placement) and proscribed the reimbursement fees the County would pay for each bed (which may possibly limit the number of respondents who may offer additional services justifying a higher bed fee). Under the City's more proactive Care Coordination model, homeless clients are expected to adhere to a strict timetable of success benchmarks to ensure his/her successful transition to more permanent housing. These interim measures ensure that shelter beds are occupied by people who are actively seeking ways to eliminate their personal homelessness. Among the specific items we would like to include in the Request For Proposals (RFP) which were not included in the County's RFA but are considered significant in ensuring successful transitions: • Requiring shelter providers to accept the initial care plan (terms of service) submitted by the City at the time of client's placement in shelter; • Provide weekly progress notes for clients placed in shelter; • Ensure that care plan timelines are being met; and • Notify the City if client is failing to meet the terms of his/her care plan including timelines, among others. In addition, we are seeking more specific information about the shelter facilities and their professional staff including: • Accessibility to public transportation; • Number of lower bunks beds available (as this is critical for elderly and mobility impaired clients); • Proximity of primary and secondary schools and/or experience and operational protocols working with homeless children attending Miami-Dade County Public Schools; • Experience and efficacy of employment placement services; • Accessibility to Alcoholics Anonymous and similar support group meetings (either in- house or in close proximity to facility) to support sobriety goals for those facing addiction; and • Accessibility to counseling and mental health support services, among others. CONCLUSION In support of the City's Key Intended Outcome to reduce homelessness and ensure that shelter beds align with our expanded protocols, the Administration recommends adopting the resolution authorizing the issuance of an RFP for emergency shelter services. JLM\KGB\MLR Attachments T:\AGENDA\2013\0ctober 16\Sheller RFP Memo October 16 2013.doc 65 REQUEST FOR PROPOSALS (RFP) RFP 2013-228 ME FOR EMERGENCY SHELTER BEDS TO SERVE HOMELESS POPULATION (9 MIAMIBEACH DEPARTMENfOF PROCUREMENT MANAGEMENT, 3Ro Floor 1700 Convention Center Drive Miami Beach, FL 33139 305-673-7 490 66 (9 MIAMIBEACH RFP 2013-228 ME FOR EMERGENCY SHELTER BEDS TO S'ERVE HOMELESS POPULATION TABLE OF CONTENTS Section I Overview & Proposal Procedures ................ . 3 Section II Minimum Qualifications Requirements ... 6 Section Ill Scope of Services ............................ . 6 Section IV Proposal Format .................... . Section V Evaluation/Selection Process~l ............. . ' : ; : 1 .~ tl' l'_."·~ ' :. ' Section VI Special Terms & Conditions: lnsuran~e ................. . Section VII Appendices: uestionnalre & tt,i,•:~.· ···,,:-·· 16 Separate Cover) 67 ----------- & MIAMIBEACH ~ City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeochfi.QQv PROCUREMENT DIVISION Tel: 305~73-7490, Fax: 786-394-4006 PUBLIC NOTICE !;e /'A!i\l'v\1 BEACH Sealed proposals, as detailed herein, will be received until 3:00 PM on, November 25, 2013, at the following address: City of Miami Beach City Hall Procurement Division -Third Floor 1700 Convention Center Drive Miami Beach, Florida 33139 ANY PROPOSAL RECEIVED AFTER 3:00 PM ON THE PROPOSAL DUE DATE WJLL BE RETURNED TO THE PROPOSER UNOPENED, AND WILL NOT BE CONSIDERED. THE RESPONSIBILITY FOR SUBMITTING_ .PROPOSALS BEFORE THE STATED TIME AND DATE IS SOLELY THE RESPONSIBILITY OF THE PRGRQSER. THE CITY WILL NOT BE RESPONSIBLE FOR DELAYS CAUSED BY MAIL, COURIER SERVICE, OR ANY OTHE_ _ NTITYOR OCCURRENCE:-. - The City utilizes PublicPurchase for automatic notification of bid _ ~" any addendum to this RFP. This system allows vendors to regiSfer awards. Registration is available through www.publicpurchase.com. ities and 'dQcument fulfillment, including the issuance of nd rece 'T. otification of new blds,c. addendums and ;d-C Any prospective proposer who has received this RFP by any means other than h PublicPurchase must register immediately with PublicPurchase to assure receipt of any adderidti!]:lssued to this RFP. P _ ,,, 1 "tive proposers are solely responsible for assuring they have received any addendum issued to this RFP. failure to receive a'ft('f · ~~~-~Jfl may result in disqualification of proposal submitted. ·-'"•'>j' Proposers are hereby advised that this RFP is sub}ect to the following 6fCiin~s/re~olu t~ns, which may be found on the City of Miami Beach website: www.miamibea.c~fl.goy/procurement. ··· · • CONE OF SILENCE--ORDINAN. """ 0. 2002-3378 • PROTEST PROCEDURES--OR E NO. 2002-3344, • DEBARMENT PRoCEEDINGS--0 ANCE NO. 2000-"3234 • LOBBYIST REGISTAATJQN.AND Dl OSURE OF FEES :.:oRDINANCE NO. 2002-3363. • CAMPAIGN CONTRIBUTI~~ -~J~; · .. INANCE NO. 2003-3389. • REQUIREMEt'lT FOR CITY~' cf6 . 'RROVIDE EQUAL BENEFITS FOR DOMESTIC PARTNERS - ORDINANCE NO. 200~3494 . • LQ~AL PREFERENCEEQ.~MIAMI -BASED VENDORS-ORDINANCE NO. 2011-3747. • ;PREFERENCE FOR FLtfRIDA SMALL: 'ESSES OWNED AND CONTROLLED BY VETERANS AND TO STATE- . CERTIFIED SERVICE-DISABLED VETE . 'BUSINESS ENTERPRISES-ORDINANCE NO. 2011-3748. • CODE OF BUSINESS ETHICS-RESOLOTION NO. 2000-23879. All questions or requests.for clarifications must be received by the procurement contact named above no later than ten (10) calendar days prior to the scheduled RFP due date. The City Clerk, rafaelgranado@miamibeachfl.gov, must copied on any question or comment submitted in respons8.to]his RFP. All responses to questions/clarifications will be sent to Proposers in the form of a written addendum. THE CITY OF MIAMI BEACH RESERVES THE RIGHT TO ACCEPT ANY PROPOSAL DEEMED TO BE IN THE BEST INTEREST OF THE CITY, OR WAIVE ANY IRREGULARITY AND/OR INFORMALITY IN ANY PROPOSAL, OR REJECT ANY AND/OR ALL PROPOSALS. Sincerely, Alex Denis, CPPO Procurement Director 1 I RFP 2013-228, Emergency Shelter Services for the City's Homeless Population 68 City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeochA.gov DEPARTMENT OF PROCUREMENT MANAGEMENT Tel: 305.673.7490 Fox: 786.394.4006 NOTICE OF NO RESPONSE If not submitting a Proposal at this time, please detach this sheet Jrom the RFP documents, complete the information requested, and return to the address listed above. NO PROPOSAL SUBMITTED FOR REASON(S) CHECKED AND/9R INDICATED: _ Not responding due to workload issues _,·· _ Not responding due to minimum qualificationsJ~~·~i're~~nts _ Not responding due to scope of services : .i{~z~ ~-.,. .. ~s~" '~r~, y _Not responding due to project's size and/or compl~··· _OTHER {Please specify) __ ___,.,.,....,....-----~~------ Note: Failure to respond, either by not submitting a proposal or this co~~p(: "'tm, may result in your company being removed from the City's bid list. =:: •. :~;:;c•" · · Wedo do . to be retained on yourmailing list for future proposals for the type or product and/or service. Signature: The City of Miami Beach is interested in improving the process through which it acquires required goods and services. Your feedback is important'Piease provide any comments or suggestions which may assist the City in this endeavor. including information on requirements, timelineSr~hd solicitation foll)is.- 2 ( RFP 20 13-228ME. Emergency Shelter beds for the Homeless Population 69 G lv\L<\iv\1 BEACH SECTION I· OVERVIEW AND PROPOSAL PROCEDURES A. INTRODUCTION I BACKGROUND The purpose of this notice is to solicit proposals to provide emergency shelter beds with care coordination services to homeless individuals from the City of Miami Beach in accordance with the priorities and goals identified in the City of Miami Beach 2008-2012 Consolidated Plan and the City's Key Intended Outcomes. The successful proposer will be able to demonstrate participation in the housing and delivery services network created by the Miami- Dade County Homeless Trust to address the needs of homeless individuals and families, including those with a history of substance abuse, mental illness, HlV/AIDS, and other special needs. The successful proposer will be required to comply, at a minimum, with the Standards of Car,~applying'lo Emergency Care Facilities, enacted by the Miami-Dade County Homeless Trust (Trust). A copy of the Standards of ./ · ay be obtained from the Trust offices or their website at www.miamidade.gov/homeless. All applications must demonstratE:( ;t,to which they support the goals of the local Continuum of Care Plan, and meet the priorities identified in this request forapplicatloiji; All Applicants will be required to participate in the Trust's Homeless Management Information System (HMIS) aop comply with establi~ . referrals. All applicants are strongly encouraged to accept shelter placements 24 hours per day. .. gf§c> .· '~ '~ Services must focus on stabilization, needs assessments and a housing plan leading to transitional or pe .aflent hqusing. These beds must be available for occupancy on January 1, 2014. ·~ .. ,;.:.d>'' J~~;;·\;" B. RFP TIMET ABLE The tentative schedule for this RFP is as follows: Pre-Proposal Mee' , Proposals Due Evafuatiori .Committee Review Tentative Commission Approval Authorizing Negotiations Contract Negotiations Fbljq'f.lirig Commission Approval ~-~~;;;~'t' ,~: :'. C. PROPO.SAlJ~~UI;I_ft1lSSJON cue· DATE ·-.-~-~~~· An original ang te'lf(1'or'~~sofcomplete Proposals, plus one el~tronic copy (CD or flash drive), must be received no later than 3:00 p.m. on th .h ed stated in Sectf ,. ' ), at the following address: ·,,, City of Miami Be 'ty Hall. ':,i:l::i< · · >;;;-~:; Procurement Divis1 Third Floor <~~;i'zoo Convention C Drive 'M:I"L.. each, Flori .'139 The original and all co' 7 cluding t11e tronic copy, must be submitted to the Procurement Division in a sealed package clearly noted with the Proposer's name;'~ress, ansL P number and title. No facsimile, electronic, or e-mail Proposals will be considered. THE RESPONSIBILITY FOR SU~MlTTING A PROPOSAL IN RESPONSE TO THIS RFP, ON OR BEFORE THE STATED TIME AND DATE, WILL BE SOLELY AND: STRICTLY THAT OF THE PROPOSER. THE CITY WILL IN NO WAY BE RESPONSIBLE FOR DELAYS CAUSED BY MAIL, COURIER SERVICE, OR .BY ANY OTHER ENTITY OR OCCURRENCE. ANY PROPOSAL RECEIVED AFTER STATED DUE DATE WILL BE RETURNED TO THE PROPOSER UNOPENED. PROPOSALS RECEIVED AFTER THE RFP DUE DATE AND TIME WILL NOT BE ACCEPTED AND WilL NOT BE CONSIDERED. D. PRE-PROPOSAL SUBMISSION MEETING A Pre-Proposal Submission Meeting will be held on the date noted in Section 1 (B) at 10:00 a.m. at the following address: City of Miami Beach City Hall-41h Floor, Manager's Large Conference Room, 1700 Convention Center Drive, Miami Beach, Florida 33139 31 RFP 2013-228. Emergency Shelter Services for the City's Homeless Population 70 Attendance (in person or via telephone) is encouraged and recommended as a source of information, but is not mandatory. Proposers interested in participating in the Pre-Proposal Submission Meeting via telephone must follow these steps: (1) Dial the TELEPHONE NUMBER: 1-877-953-3061 (Toll-free North America) (2) Enter the MEETING NUMBER: 8982915# Proposers who are interested in participating via telephone should send an e-mail to the contact person listed in Section E of this RFP expressing their intent to participate via telephone. E. CONTACT INFORMATION Contact: Telephone: Maria Estevez, CPPB, CPPO 305-673-7000, Extension 6558 Requests for additional information or requests for clarificaUons must be made in writing to the Procurement Division. Facsimile or e-mail requests are acceptable. Please send all questions and/or requests for clarifications to the contact named above, with a copy to the City Clerk's Office at Rafae!Granado@miamibeachfl.gov, no later than the date specified in the RFP timetable. F. RESPONSE TO QUESTIONS & ADDENDUM TO RFP The Procurement contact will issue replies to inquiries and any other cor addenda issued prior to the deadline for responding to the RFP. Propos (whether verbal or written), other than those made in this RFP or in a .~ddendum"1 Procurement Division prior to submitting a Proposal that all addenda ha i··:: • en rec · G. CONE OF SILENCE Pursuant to the city's Cone Of Silence Ordinance, as codified in section 2-486 communications between the proposer, or their representaijves and 1} the Mayor and members of the City's Administrative staff (including but not ·limited to tile. City Manager and is prohibited. ·! • H. MODIFICATION/WITHDRAWALS OF PROPOSALS City Code, proposers are advised that oral • missioners and their respective staff; or 2) · · ~3) Evaluation Committee members, A Proposer may submit a modified Pro o replace all or any portion;cif a previousf{Si.Jomitted Proposal up until the Proposal due date .. ',,' ~ .. ~ u' ..... and time. Modifications received a e ~.1 due date and time: Will not be consid,ered. ·'''·"'• ""'''' f, ~·,,' ••• Proposals shall be irrevocabJErf.n · .. · ntract ~~i~~unless withdrawn i~.writing prior to the Proposal due date, or after expiration of 120 calendar days from the opening ofif1Qposals witnout a contract award:~~!-elters of withdrawal received after the Proposal due date and before said expiration date, and letters.: · · ' · ed after contra· award will not be considered. 1. RFP POSTPONEMENT/CANe The City may, at its sOle ~hd absolute discreilo~:teject any and all, or parts of any and all, Proposals; re-advertise this RFP; postpone or cancel, atanY time, this RFP process; or waive an ··· ··· ulariti~s in this RFP, or in any Proposals received as a result of this RFP. J. COSTS INCURRED BY PROPOSERS All expenses involved with the preparatib~ tmd submi~sion of Proposals, or any work performed in connection therewith, shall be the sole responsibility (and shall peat the sole cost and expense) of the Proposer, and shall not be reimbursed by the City. K. EXCEPTIONSl'JtBFP Proposers must clearly indicate any .~xceptions they wish to take to any of the terms in this RFP, and outline what, if any, alternative is being offered. All exceptions and alternatives shall be included and clearly delineated, in writing, in the Proposal. The City, at its sole and absolute discretion, may accept or reject any or all exceptions and alternatives. In cases in which exceptions and alternatives are rejected, the City shall require the Proposer to comply with the particular term and/or condition of the RFP to which Proposer took exception to (as said term and/or condition was originally set forth on the RFP). L. FLORIDA PUBLIC RECORDS LAW Proposers are hereby notified that all Proposals including, without limitaUon, any and all information and documentation submitted therewith, are exempt from public records requirements under Section 119.07(1 ), Florida Statutes, and s. 24(a), Art. 1 of the State Constitution until such time as the City provides notice of an intended decision or until thirty (30) days after opening of the Proposals, whichever is earlier. 4 I RFP 2013-228ME, Emergency Shelter beds for the Homeless Population 71 M. NEGOTIATIONS The City reserves the right to enter into further negotiations with the selected Proposer. Notwithstanding the preceding, the City is in no way obligated to enter into a contract with the selected Proposer in the event the parties are unable to negotiate a contract. It is also understood and acknowledged by Proposers that by submitting a Proposal, no property interest or legal right of any kind shall be created at any time until and unless a contract has been agreed to; approved by the City; and executed by the parties. N. PROTEST PROCEDURE Proposers that are not selected may protest any recommendation for selection of award in accordance with the proceedings established pursuant to the City's bid protest procedures (Ordinance No. 2002-3344), as codified in Sections 2-370 and 2-371 of the City Code. Protests not timely made pursuant to the requirements of Ordinance No. 2002-3344 shall be barred. 0. <JBSERVANCE OF LAWS Proposers are expected to be familiar with, and comply with, all Federal, State, County, and City laws, ordinances, codes, rules and regulations, and all orders and decrees of bodies or tribunals having jurisdiction or authority which, in any manner, may affect the scope of services and/or project contemplated by this RFP (including, without limitation, the Americans with Disabilities Act, Title VII of the Civil Rights Act, the EEOC Uniform Guidelines, and all EEO regulations and guidelines). lgn()hmce of the~~~(~) on the part of the Proposer will in no way relieve it from responsibility for compliance. ···· · P. DEFAULT Failure or refusal of the successful Proposer to execute a contract follow· withdrawal of a Proposal before such award is made and approve liquidated damages to the City. Where surety is not required, such grounds for removing the Proposer from the City's vendor list. Q. CONFLICT OF INTEREST All Proposers must disclose, in their Proposal, the name(s} of any officer, director, ag ,c ... jmmediate family member (spouse, parent, sibling, and child) who is also an employee of the City of Mi~mi Beach . .further, all Proposersmi!:§t 9is~lose the name of any City employee who owns, either directly or indirectly, an interest of ten (1 0%) percentofioore in the Proposer eq!J!Yr<>f· any of its affiliates. . )/:;/ R. PROPOSER'S RESPONSIBILITY Before submitting a Proposal, each Drn""'"'"'• shall be solely responsible for making any and all investigations, evaluations, and examinations, as it deems . all conditions and requirements affecting the full performance of the contract. Ignorance of such conditions and req 1 make such evaluations, investigations, and examinations, will not relieve the Proposer from any obligation to all provisions arid requirements of the contract, and will not be accepted as a basis for any subsequent claim ·· ry consideration on the part of the Proposer. S. RELATIONSHIP TO THE It is the intent of the~!t~~ctprqposers contractor, aru;t.fhat heltffefthe pfoposer, considere · : ployees or agents' otthe City. ~~:~ l'lf'icMu;lP:~ifll:i:''~~~;~~~p~ .. that the successful Proposer is considered to be an independent agents, and/or contractors, shall, under any circumstances, be T. ~~~ENTITY CRIME ~ A person or a : ;;~ho has been placedOO:ithe con ted vendor list following a conviction for public entity crimes may not submit a bid on a contract to provi~,,, . goods or servid~~jto a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public bui r public work, .tf@'y not submit bids on leases of real property to public entity, may not be awarded or perform work as a contractor, s sub-contraqf6r, or consultant under a contract with a public entity, and may not transact business with any public entity in excess oft ·. ol~l:~ount provided in Sec. 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicte ... .::itst. ":;\~;-:':· U. COMPLIANCE WITH THE CITY'S LOBBYIST LAWS This RFP is subject to, and all Proposers are expected to be or become familiar with, all City lobbyist laws. Proposers shall be solely responsible for ensuring that all City lobbyist laws are complied with, and shall be subject to any and all sanctions, as prescribed therein, including, without limitation, disqualification of their Proposals, in the event of such non-compliance. V. CONE OF SILENCE This RFP is subject to, and all Proposers are expected to be or become familiar with, the City's Cone of Silence requirements, as codified in Section 2-486 of the City Code. Proposers shall be solely responsible for ensuring that all applicable provisions of the City's Cone of Silence are complied with, and shall be subject to any and all sanctions, as prescribed therein, including rendering their Proposal voidable, in the event of such non-compliance. 5 I RFP 2013-228ME, Emergency Shelter beds for the Homeless Population 72 W. DEBARMENT ORDINANCE This RFP is subject to, and all Proposers are expected to be or become familiar with, the City's Debarment Ordinance (as adopted pursuant to Ordinance No. 200-3234, and as codified in Sections 2-397 through 2-406 of the City Code). X. COMPLIANCE WITH THE CITY'S CAMPAIGN FINANCE REFORM LAWS This RFP is subject to, and all Proposers are expected to be or become familiar with, the City's Campaign Finance Reform laws, as codified in Sections 2-487 through 2-490 of the City Code. Proposers shall be solely responsible for ensuring that all applicable provisions of the City's Campaign Finance Reform laws are complied with, and shall be subject to any and all sanctions, as prescribed therein, including disqualification of their Proposals, in the event of such non-compliance. Y. CODE OF BUSINESS ETHICS Pursuant to City Resolution No.2000-23879, each person or entity that seeks to do business with .trr~ _hall adopt a Code of Business Ethics ("Code") and submit that Code to the Procurement Division with its bid/response or withi~~~~ye(5) days~upon receipt of request. The Code shall, at a minimum, require the Proposer, to comply with all applicable go others, the conflict of interest lobbying and ethics provision of the City of Miami Beach a and regulations including, among nty. ~-F> Z. AMERICAN WITH DISABILITIES ACT (ADA) +tHE;:·: .. Call 305-673-7490 to request material in accessible format; sign language interpreters (five (5) days in''advance when possible), or information on access for persons with disabilities. For more information on ADA compliance. please call the Pub!j~ arks gepartment, at 305-673-7000, Extension 2984. . ·: l:: · AA. ACCEPTANCE OF GIFTS, FAVORS, SERVICES __ ::~ Proposers shall not offer any gratuities, favors, or anything of monetary value to any otliCfal, employee, or agent of the City, for the purpose of influencing consideration of this Proposal. Pursuant t ec. 2-449 of the City Code,JlO officer or employee of the City shall accept any gift, favor or service that might reasonably tend improperly . . ~nee him in the discharg~ pf his official duties. BB. METHOD OF AWARD The final ranking results of Step 1 & 2 outlined in S · .. on , : .·. JJf Proposals, will be considered the City Manager who may recommend to the City Commission the proposer(s) s/he . . ·~if();· · ~·best interest of the City or may recommend rejection of all proposals. The,Clty Manager's recomme ~ · ~:ifleed nof ·rstent with the scoring results identified herein and takes into consideration Mral!li·Beach City Code Sectf' 69, including , following considerations: ·' .. '•, '.· (: (1) The ability, capacity and skiH of the proposer to pt;~J:form the contract. <:f;ii (2) Whether the proposer can perform the contract wit·· th~, time specified, without delay or interference. (3) The character, int~rity, reputatioo,,ju~gment, exp te and efficiency of the proposer. (4ji"~Q@lity of perfo~~nce ofpr~~ibuscontracts.; ":,':1~{gr11f~~r~i@s ;;rnd exi~tfrig compliance by the proposer with laws and ordinances relating to the contract. ~";~ > -~,:-.·--·/,i:·;i· "· ', ~ider the City Mcmager's recommendation and may approve such recommendation. The City · ···· , reject th~.pity Manager's recommendation and select another Proposal or Proposals which it he City, orlt may also reject all Proposals. Upon approval of selection by the City Commission, e selected Proposer(s) will take place to arrive at a mutually acceptable Agreement. The purpose of this notice is to solicit proposals to provide emergency shelter beds with care coordination services to homeless individuals from the City of Miami Beach in accordance with the priorities and goals identified in the City of Miami Beach 2008-2012 Consolidated Plan and the City's Key Intended Outcomes. Proposers must meet and continue to meet during the duration of this contract, the federal definition of emergency shelter in accordance with 24 CFR Part 91: Any facility with overnight sleeping accommodations, the primary purpose of which is to provide temporary shelter for the homeless in general or for specific populations of the homeless. 6 I RFP 2013-228ME, Emergency Shelter beds for the Homeless Population 73 The successful proposer will be able to demonstrate participation in the housing and delivery services network created by the Miami-Dade County Homeless Trust to address the needs of homeless individuals and families, including those with a history of substance abuse, mental illness, HIV/AIDS, and other special needs. The successful proposer will be required to comply, at a minimum, with the Standards of Care applying to Emergency Care Facilities, enacted by the Miami-Dade County Homeless Trust (Trust}. A copy of the Standards of Care may be obtained from the Trust offices or their website at www.miamidade.gov/homeless. All applications must demonstrate the extent to which they support the goals of the local Continuum of Care Plan, and meet the priorities identified in this request for applications. All Applicants will be required to participate in the Trust's Homeless Management Information System (HMIS) and comply with established referrals. All applicants are strongly encouraged to accept shelter placements 24 hours per day. Services must focus on stabilization, needs assessments and a housing plan leading to transitional or permanent housing. These beds must be available for occupancy on January 1, 2014. Proposers must be able to provide the following for clients served under this notice: • Agree to accept the initial care plan submitted by the City at the time of client's placement in shelter; • Provide weekly progress notes for clients placed in shelter; • Amend the client's care plan with timelines, as necessary and approp n~ure the client's suce~ssf!JI transition; • Ensure that care plan timelines are being met; . • Notify the City if client is failing to meet the terms of his/her carg:piah including timelines; • Share all client case notes created during client's stay at sheueF,~· · · ' • Notify the City of the client's discharge and destination. Proposers are asked to provide the following regarding their facilities and profession • Languages spoken by staff; • Hours of business operation, client intake, and client curfews; • Accessibility to public transportation; • Number of lower bunks beds available under this notice; ··· · • Proximity of primary and secondary schools and/or experience and operational protoc working with homeless children attending Miami-Dade County Public Schools; • Experience and efficacy -. serviceS,E" . •. · • Accessibility to Alcoholi _ . ······•··•·•···• •.•.. similar support gfoup meetings {either in-house or in close proximity to facility); • Accessibility to support services; and • Additional in-house'or · support the successful transition of clients from shelter to permanent housing. men and families with children. While the majority of beds are -·.,...,..~,..·-configuration may be served. The flexibility of configuration for in advance the number of individuals and families to be served or their that up to 50% of beds will serve women and families with children. In order to maintain comparability, facilifate the process and assist the Evaluation Committee in review of proposals, it is strongly recommended that proposals be organized and tabbed in accordance with the sections and manner specified below. Hard copy submittal should be presented in ~__;;!hree (3} ring Ri~der and should be tabbed as enumerated below and contain a table of contents with page references. Electronic copfesshould also betabbed and contain a table of contents with page references. Submit detailed verifiable information affirmatively documenting compliance with minimum eligibility requirements established in Section II: N/ A TAB2 • erience & Qualifications. Qualifications of Proposing Firm. Describe experience and qualifications of the Proposer in performing the services sought in this RFP or a related business, including: • Meet and continue to meet during the contract the federal definition of emergency shelter in accordance with 24 CFR Part 91: Any facility with overnight sleeping accommodations, the primary purpose of which is to provide temporary shelter for the homeless in eneral or for s ecific o ulations of the homeless. 71 RFP 2013-228ME, Emergency Sheller beds for the Homeless Population 74 • Documentable, proven track record of providing the scope of services similar as identified in this solicitation. • Providing similar scope of services to public sector agencies. • Financial capacity to perform services outlined in the RFP including, but not limited to, Dun & Bradstreet Supplier Qualification Reports, latest annual reviewed/audited financial statements with the auditors notes. The City reserves the right to require additional information to determine financial capability. Qualifications of Proposer Team .. Provide an organizational chart of all personnel and consultants to be used if awarded, the role that each team member will play in providing the services detailed herein and each team members' qualifications. A resume of each individual, including education, experience, and any other pertinent information, shall be included for each Proposal team member to be assigned to this contract. Proposal Certification, Questionnaire & Requirements Affidavit (Appendix A). Attach Appendix A fully completed and executed. Through the information provided in Appendix A, proposer's financial capacity, litigation history, past performance, as well as other facto be assessed. · TAB 3 I Submit detailed information on how proposer plans to accomplish the required. scope including information, as applicable, on proposed solution(s), approach and methodology to pro·em implementation, project timelfne ~cj any other factor that may impact the successful completion of the project. ~·· · Submit a detailed proposed statement of work, categorized by specific deli services in the timeliest manner possible. TAB4 Submit completed and executed Cost Proposal {Appendix C). Proposer must proposed a daily bed rate and must include thP.:srJP.cil~r. .. ,,,..,;.,.., .. coordination cloth timelines for service de live SECTION V-EVALUATION I SELECTION PROCESS The procedure for response, evaluation and s~I~Jion will be as follows: ·· acc:;omplish the required scope of and type of meals, care 1. An Evaluation Commitl:e'e, appointea~l?i the City Manager,. shall meet to evaluate each Proposal in accordance with the requirements set forth iri·the RFP. lfflii1her information is desired, Proposers may be requested to make additional written submissions or oral preseri.fations to the Evaluation Committee. Tile evaluation of proposals will proceed in a two-step process. 2. The first step will consist of tne qualita~~ <:riteria listed below toJ;e considered by the Evaluation Committee. The second step will consist ot~.Jl!i~tive criteria established beloY(~"'be added to the Evaluation Committee results by the Department of Procur~ITlentMatiagemeot ··~· ' ': :' ~ > " •• • '~ ' • >" ;--~-- ' Evaluation. An~~~luation Committee, a,ppointed by the City Manager, shall meet to evaluate each Proposal in with the qualifica~ons criteria established below for Step 1, Qualitative Criteria. ln doing so, the Evaluation Committee and score all proposals received, with or without conducting interview sessions; or all proposals r~ived and short-list one or more proposers to be further considered during subsequent interview (using the ~~01e criteria). Step 1-Qualitative Criteria Maximum Points Proposer Exp~nce and Qualifications, including Financial Capability Scope of Services Approach and Methodology 30 30 25 TOTAL AVAILABLE STEP 1 POINTS 85 3. Step 2 Evaluation. Following the results of Step 1 Evaluation Qualitative criteria, the proposers may receive additional points to be added by the Department of Procurement Management to those points earned in Step 1, as follows. Step 2 -Quantitative Criteria sl RFP 2013-228ME, Emergency Shelter beds for the Homeless Population 75 Cost Proposal 15 Local and Veterans Preference Miami Beach-Based Vendor 5 Veterans and State-Certified Service-Disabled Veteran 4. The cost proposal points shall be developed in accordance with the following formula: Vendor Vendor Example Maximum Formula for Calculati Total Points Cost Allowable Points (lowest cost I cost of Awarded Proposal Vendor A $100.00 15 Vendor B $150.00 15 Vendor C $200.00 15 o·:·2;.,;· 5. At the conclusion of the Evaluation Committee Step 1 scoring~: Step 2 Point~ will be added to e' alu.ation committee :sCi to rankings in member's scores by the Department of Procurement Management Step 1 and .2 scores will be co accordance with the example below: ,. · · · '"""'''""'".,~'"'to the City Manager for further due diligence and recommendation to r,..n,m<ceJni"\ nal Ranking dc>es not constitute an award recommendation until such time made his recommendation to the City Commission. SERS SHALL BE DEEMED TO UNDERSTAND AND AGREE THAT NO PROPERTY KIND SHALL BE CREATED AT ANY POINT DURING THE AFORESAID AND UNLESS A CONTRACT HAS BEEN AGREED TO AND SIGNED BY BOTH 9 I RFP 2013-228ME, Emergency Sheller beds for the Homeless Population 76 SECTION VI-SPECIAL TERMS AND CONDITIONS: INSURANCE REQUIREMENTS The Provider shall furnish to the Department of Procurement, City of Miami Beach, 1700 Convention Center Drive, 3rd Floor, Miami, Florida 33139, Certificate(s) of Insurance which indicate that insurance coverage has been obtained which meets the requirements as outlined below: A. Worker's Compensation Insurance for all employees of the vendor as required by Florida Statute 440. B. Commercial General Liability Insurance on a comprehensive basis, including Persq[lal Injury Liability, Products/Completed Operations, in an amount not less than $1 ,000,000 combined single limit per occurrence for bodily injury and property damage. City of Miami B~ach must be shown as an c. additional insured with respect to this coverage. · ' ',:,. ~ '. Automobile Liability Insurance covering all owned, non..awned the work, in an amount not less than $1,000,000 combined property damage. ' i·~ . ~. ired·vehicles usedlan connection with occurrence tor-bodily injury and All insurance policies required above shall be issued by l"r.rrm!:lr ness under the laws of the State of Florida, with the following qualifications: The company must be rated no less than ~f3" as to management, strength, by the latest edition of Best's lnsura.nce Guide, published Jersey, or its equivalent, subject to the appro~a.l of the qty Risk 1\n.,.,.,,,.,,,..,,.,"., or than "Class V" as to financial Company, Oldwick, New The company must hoi ~Qrida Certificate of. Authority as shown in the latest "List of All Insurance Companies Authori .... ' Vif4Jo Do Business in Florida" issued by the State of Florida Department of Insurance and a(Etm~mbers of ttUfFiorida Guaranty Fund. Certificates will indicate no moCIItiCCitt.on in insurance shall be made without thirty (30) days in advance notice to the certificate holder. Cl. MIAMI BEACH 170 CONVENTION CENTER DRIVE i JRD FLOOR MIAMI BEACH, FL 33139 ToOoOCOoOOO ,, ' Compliance with the foragoing reqOftements shall not relieve the vendor of his liability and obligation under this section or under any other section of this agreement. 10 I RFP 2013-228ME, Emergency Shelter beds for the Homeless Population 77 SECTION VII-GENERAL CONDITIONS 1. 2. GENERAL TERMS AND CONDITIONS. It is the responsibility of the Proposer to become thoroughly familiar with the Proposal requirements, terms and conditons of this solicitation. Ignorance by the Proposer of conditions that exist or that may exist will not be accepted as a basis for varying the requirements of the City, or the compensation to be paid to the Proposer . DEFINITIONS. The following words, terms and phrases, when used, shall have the meanings ascribed to them except where the context clearly indicates a different meaning. a. Proposal -shall refer to any offe~s) submitted in response to this solicitation. b. Proposer /Contractor/Offeror -Any individual, firm, or corporation submitting a proposal for this Project acting directly or Ill rough a duly autllorized representative. c. Proposal Solicitation -shall mean this solicitation documentation, including any and all addenda. d. Proposal Submittal Form -defines the requirement of items to be purchased, and must be completed and submitted with Proposal The Proposer should indicate its name in the appropriate space on each page. e. City-shall refer to City of Miami Beach, Florida 1 f. City Commission -City Commission shall mean I ' · and legislative body of the City. g. City Manager -City Manager shall mean Administrative Officer of the City. h. Comparable Facility - A facility that. when consideri . . use. revenue. and other applicable criteria, is similar td~,ltle Miami Beach Convention Center (MBCC) which includes '1;~. million gross square foot fa<:ilijy averaging a minimum of million in annual gross foodahd l)everage sales j. Controlling Financial Interest ~ means the ownership, directly or indirectly. of 10% or more of the oiJtstanding capital stock in any corporation or a direct or indirect interest of 10% or more in a firm. Domestic Partner: The term D()mestic Partner shall mean any two (2) adults of the same or opP,Qsilf:l sex, who have:tegls.tered as.;t,ornas~rtners with a go~rnen~ body purnuaii@~~fute ?r-!QCal:faiiJ.!,UihOrtzing such registration, or w1th an 1n!emal /;'''!registry mairitamed by'lhe employer of at least one of the '" domestic partners. A Contractor may institute an internal registry ''. .. to allow tor the provision of. equal benefits to employees with • · .. domestic partner who do riof~ter their partnerships pursuant ,;,':tQ!J governmental body auth·~ such registration, or who are "1.:· w.. in a jurisdiction where:::flt)'::$uch governmental domestic · exists. %. k. dor-shall refer m firm that has completed the City of ach Pre-Qual~on process and has satisfied all require~ to enter into.';''business agreement with the City. ' ; : : : ' :,•,. ·"6l:::::c . Evaluation Conirit~ ~·'A''ccmmittee of individuals appointed by the City Manage'ff\af may include City personnel, residents, industry experts alii( other individuals whose purpose is to evaluate the proposals received in response to this RFP and who may make a non-binding reccmmendation to the City Manager on the selection of a short-list of proposer (s) who the City Manager, at his or her discretion, may present to the City Commission for consideration and, if approved by the City Commission, who may be further considered during the contract negotiation phase. m. Firm -means a corporation, partneiShip, business trust or any legal entity other than a natural person. n. Negotiation Team - A committee of individuals appointed by 0. p. q. s. 4. 5. the City Manager that may indude City peiSonnel. residents. industry experts and other individuals whose purpose is to negotiate a contract, after City Commission has approved a short-list of proposer (s), and who may make a non-binding recommendation to the City Manager on the selection of short- listed proposer (s) who the City Manager, at his or her discretion. may present to the City Commission for consideration and final award. Successful Proposer -.shaH mean the Proposer (s) recommended for award. · Term Applicant .. :-c. shall mean an individual. partneiShip, or corporation, whicl{ submits an application in response to this solicitation. · · · · · · · ·~·-·· Responsible Proposer~· A proposer who is qualified, as determined by the City, on the basis of the following criteria: • -.. '~Whether the proposer can perform tlle contract within the time ·:;,:j::~cified, without delay or interference. TtiEl'character, integrity, reputation, judgment, experience and efficiency of the proposer . ··:·,, The t{uality of performance of previ~~ntracts. The p~v!qus and existing compliance by lhe proposer with laws,~ ~irances relating to the contract · ~~~. Propo~r - A proposer whose submittal is determined lty to be in conformance with the conditions. requirements, and · ns detailed in the specifications. Vendo(l'il pe~on and/or entity, which has been selected by the City as the succesimit;proposer on a present or pending proposal for goods, equipriie!)f.~£1!.~. or has been approved by the City on a present or pending·~· for goods. equipment or services, prior to or n execution of ~~ntract, purchase order or standing order. ditlonal iritormation about on-line vendor enrollment or ··pre.;qi.iatification, please contact Procurement at 1700 Conveiifion Center Drive, Miami Beach, FL 33139; Phone 305-673- 7490. Oi'emall: procu;ement@miamibeachfl.gov Vendors can register with the City by going to the website: '1\WW.miamibeachfl.gov and click on Procurement under City Departments. PRICES QUOTED. Deduct trade discounts and quote firm net prices. Give both unit price and extended total, when requested. Prices must be stated in units of quantity specified in the proposalding specifications. In case of discrepancy in computing the amount of the proposal. the UNIT PRICE quoted will govern. All prices must be F.O.B. destination, freight prepaid (unless otherwise stated in Special Conditions). Discounts for prompt payment The Proposer may offer cash discounts for prompt payments: however, such discounts will not be considered in determining the lowest price during proposal evaluation. Proposer s are requested to provide prompt payment terms in the space provided on the Proposal submittal signature page of the solicitation. Award, if made, will be in accordance with terms and conditions stated herein. Each item must be proposal separately, and no attempt is to be made to tie any item or items in with any other item or items. Cash or quantity discounts offered will not be a consideration in determination of award of proposal(s). TAXES. The City of Miami Beach is exempt from all Federal Excise and State taxes. MISTAKES. Proposers are expected to examine the specifications, delivery schedules, proposal prices, and extensions. and all instructions pertaining to supplies and services. Failure to do so will be at the proposer 's risk and may resutt in the proposal being non- responsive. 6. CONDITION AND PACKAGING. Proposer guarantees items offered and delivered to be the current standard production model at time of proposal and shall offer expiration dating of at least one year or later. Proposer also guarantees items offered and delivered to be new, 11 I RFP 2013-228ME, Emergency Shelter beds for the Homeless Population 78 7. 8. 9. unused, and free from any and all defects in material, packaging and workmanship and agrees to replace defective items promp~y at no challJe to the City of Miami Beach, for the manufacturer's standard warranty but in no case for a period of less than 12 months from date of acceptance. All containers shall be suitable for storage or shipment, and all prices shall include standard commercial packaging. UNDERWRITERS' LABORATORIES. Unless otheiWise sUpulated in the Proposal, all manufactured items and fabricated assemblies shall be U.L. listed or re-examination listing where such has been established by UL for the item(s) offered and furnished. CITY'S RIGHT TO WAIVE OR REJECT PROPOSALS. The City Commission reserves the right to waive any infomnalities or irregularities in this Proposal; or to reject all proposals, or any part of any proposal, as it deems necessary and in the best interest of the City of Miami Beach. EQUIVALENTS. If a proposer offers makes of equipment or brands of supplies other than those specified in the PI"OIXlSal specifications, he must so indicate in his proposal. Specific article(s) of equipmentJsupplies shall conform in quality, design and construction with all published claims of the manufacturer. 10. The proposer shall indicate in the Proposal Form the manufacturer's name and number if proposing other than the specified brands, and shall indicate ANY deviation from the specifications as listed in the Proposal. Other than specified items offered requires complete descriptive technical literature marked to indicate detailed conformance with specifications. and MUST BE INCLUDED WITH THE PROPOSAL NO PROPOSALS WILL BE SIDERED WITHOUT THIS INFORMATION. 11. Lacking any wlitten indication of intent to quote an alterna model number, the proposal will be considered as a p complete ccmpliance with the Proposal specifications , .. 12. Note as to Brand Names: Catalog numbers, manufacturers' and.'mand names, when listed, are informational guides as to a standai'a;;-of acceptable product quality level only and should not be ccnstrued"'~ an endorsement or a product lirnilatidrtot recognized and legitimaiEi:I•;,;~;,. manufacturers. Proposers shall furma!ly substantiate and verify that :: . product(s) offered ccnform with or exceed quality as listed in the ·:~·· specifications. ··~·:• accompanied with detailed specifications. Samples of items, when required. must be furnished free of expense and, if not destroyed, will, upon request, be returned at the proposer's expense. Proposers will be responsible for the removal of all samples furnished within (30) days after proposal opening. All samples will be disposed of after thirty (30) days. Each individual sample must be labeled with the proposer 's name. Failure of the proposer to either deliver required samples, or to clearly identify samples may be reason for rejection of the proposal. Unless otherwise indicated, samples should be delivered to the Procurement Division. 1700 CAlnvention Center Drive, Miami Beach, FL 33139. 17. DELIVERY. Unless ~~i'dale~f delivery is specified (or if specified delivery cannot b$,J.me\), show number of days (in calendar days) required to ma_k! ' =·. after receipt of purchase order. in space provided. 9fll/ may become a basis for making an award. Delivery .st:@f nomnal working hours of the City using Departmeijt; Monday . Friday, excluding holidays. Receiving hours are M>nday througti''frlda), excluding holidays, from 8:30 A.M. to5:00 P.M.' • ' '.,, ·,_.;_· . 18~'-INTERPRETATIONS. Any que ,_'. i'• ccnditions and specifications should'" City's Department of Procurement . Convention Center Drive, Miami Beach, FL ~94-4075. nceming the Proposal itted, in writing, to the {DPM) 1700 .or facsimile: 786- 19. lATE SUBMISSION. All proposals received after the date, time, and place specified in the Proposal, will be returned to the proposer unopened, and will not be ccnsidered. The responsibility lor submitting proposals befonlc the stated time and dale is solely the responsibility of the proposer .. ~.City will not be responsible for delays caused by mail, courier service, l?r ariy other entity or occurrence. Facsimile, electronic, or e-maife:d:proposals will not be accepted. .ECTION, ACCEPTANCE & TITLE. Inspection and acceptance !le$UilaUon, unless otheiWise provided. Title to (or risk of loss ... ..··· amage to) all items shall be the responsibility of the succe~~fuf proposer until acceptance by the City, unless loss or damag'e results from the gross negligence or willful misccnduct of the City. 13. EMERGENCY RESPONSE PRIORITY. It is hereby made a part of this solicitation thai before, during, pnd after a public emergency, disaster, hurlicane, tornado, flood; ofolber acts of force majeure that \1~~~··· If any equipment or supplies supplied to the City are found to be defective, or do not ccnform to the specifications. the City reserves the right to cancel the order upon written notice to the seller, and return the City o( Mia. < , Flolida shcitL~We a 'First PiioiitY." fi:l( an~ good~;.;~'". W:~re9 under any award resulting frr:lm"fhis" soJiCital!on, inclu 'lllncif(ltline items as applicable. It is vital and iril'J)erative that the maforfty bf citizens are protected from any fHC~IlJency situation that thfeatefta, public health and safety, as et'' ·t<; ined by the City. By virtu, bmitting a response to this vendor agrees to pr award-related goods and e City on a 'first priori ' r the emergency conditions ', ,ri~~~~-~, , 14. NON·CONF~CE TO CONT ONDITIONS. Items may be tested for ~. with specif( ns. Items delivered, not ccnforrning to s~s. may;;l:l1l rejected and returned at the proposer's expense. ' · · · ,·as well as items not delivered as per delivery date in pro and/or purchase order, may be purchased by the City, at Its discretion, on the open market. Any increase in cost may be charged against the proposer. Any violation of these sUpulations may also result in the proposer 's name being removed from the City's vendor list 15. PRODUCT INFORMATION. Product literature, specifications, and technical infonmation. including Manufacturers Safety Data Sheets (MSDS) should be provided with this proposal as an attachment to the "PROPOSAL FORM'. However, in all cases must be provided within five (5} calendar days upon request from Purchasing Agent 16. SAMPLES. Proposals submitted as an "equar product must be ~~<· F the product, at the proposer's expense. 22. PAYMENT. Payment will be made by the City after the ~ems have been received, inspected, and found to comply with Proposal specifications. free of damage or defect, and properly invoiced. 23. DISPUTES. In case of any doubt or difference of opinion as to the items and/or services (as the case may be) to be furnished hereunder, the decision of the City shall be final and binding on all parties. 24. LEGAL REQUIREMENTS. The proposer shall be required to comply with all federal, State of Florida, Miami-Dade County, and City of Miami Beach codes, laws, ordinances, and/or rules and regulations that in any manner affect the items covered herein (collectively, Applicable Laws). Lack of knowledge or ignorance by the proposer with/of Applicable Laws will in no way be a cause lor relief from responsibility. 25. PATENTS & ROYALTIES. The proposer shall indemnify and save harmless the City of Miami Beach. Florida, and its officers. employees, ccntractors, and/or agents, from liability of any nature or kind. including cost and expenses for, or on account of, any copyrighted, patented, or unpatented invention, process. or article manufactured or used in the performance of the ccntract, including its use by the City of Miami Beach, Florida. If the proposer uses any design, device or materials covered by letters, patent. or ccpyright, it is mutually understood and agreed, without exception, that the proposal plices shall include all royaiUes or cost alising from the use of such design, 12J RFP 2013-228ME. Emergency Shelter beds for the Homeless Population 79 device, or materials in any way involved in the work. 26. OSHA. The proposer warrants to the City that any work, services, supplies, materials or equipment supplied pu~uant to this Proposal shall conform in all respects to the standards set forth in the Occupational Safety and Health Act of 1970, as amended, and the failure to comply with this condiUon will be deemed breach of contract. Any fines levied because of inadequacies to comply with this condition shall be borne solely by the proposer. 27. MANNER OF PERFORMANCE. Proposer agrees to perform its duties and obligations in a professional manner and in accordance with all applicable Local, State, County, and Federal laws, rules, regulations and codes. Proposer agrees that the services provided shall be provided by employees that are educated. trained, experienced, certified, and licensed in all areas encompassed within their designated duties. Proposer agrees to furnish to the City any and all documentation, certification, authorization, license, permit, or registration currenUy required by applicable laws, rules, and regulations. Proposer further certifies that it and its employees will keep all licenses, permits, registrations, authorizations, or certifications required by applicable laws or regulations in full force and effect during the term of this contract. Failure of proposer to oomply with this paragraph shall oonstitute a material breach of this contract. 28. SPECIAL CONDITIONS. Any and all Special Conditions that may vary from these General Terms and Conditions shall have precedence. 29. ANTI-DISCRIMINATION. The proposer certifies that he/she is in oompliance with the non-<liscrimination clause contain~ in Section 202, Executive Order 11246, as amended by Executive Order 11375, relaUve to equal employment opportunity for all persons without regard to race, color, religion, sex or national origin. :; . 30. AMERICAN WITH DISABILITIES ACT. To request this matilllill in accessible formal sign language interprete~. information on a~ss for persons with disabilities, and/or any accommodation to review any document or participate in any city_:§POnSOred proceeding, please oontact 305-604:2489 {voice)~}J54l?f.il~~~,(fax) or 305-673-7218 (TTY) five days m advance,.gpnmate yoor·~est. TTY users may also call711 (Florida Relay .· rvice). ', :,::'i~}1, 31. LIABILITY, INSURA~lh' . AJ~:PERMITS. Where proposer s are required to· or go on tel~ ity of Miami Beach property to deliver materials or~ ·· rk .· a result of the Proposal, the proposer will a expense of ob,talnirlg all necessary and assure all work catnPIIes with all shaD be liable for any damages or loss negligence of the proposer , or hislh c®tracto~. and/or agents, fodailure t9 comply w 32. P~OPOSAL BONDS, PERFORMANC~BONDS, CERtli=ICATES OF INSURANCE. Proposal Bonds, whef1~Uired, shaltl:i'e submitted with the proposal'ln the amount specified In the Special Conditions. After acceptance~otlhe proposal, the City wro rioUfy the successful proposer to submit a llerforf11ance bond and·: certificate of insurance in the amount specified in~ Special ConditiOns. 33. DEFAULT. Failure oi'refusatof a proposer to execute a contract upon award, or withdrawal of a proposal before such award is made, may result in forfeiture of that portion of any proposal surety required as liquidated damages incurred by the City thereby; or, where surety Is not required, failure to execute a contract as described above may be grounds for remoYing the proposer from the City's proposers list. 34 CANCELLATION. In the event any of the provisions of this Proposal are violated by the proposer , the City shall give written notice to the proposer staUng such deficiencies and, unless such deficiencies are oorrected within ten {10) calendar days from the date of the City's noUce, the City, through its City Manager, may declare the contract in default and terminate same. without further notice required to the proposer . Notwithstanding the pl'eCWing, the City, through its City Manager, also reserves the right to terminate the oontracl at any time and for any reason, without cause and for convenience, and without any monetary liability to the City. upon the giving of thirty (30) days prior written notice to the proposer. 35. BILLING INSTRUCTIONS. Invoices, unless otherwise indicated, must show purchase order numbers and shall be submitted to the ordering City department 36. SUBSTITUTIONS. The City WILL NOT accept substitute shipments of any kind. The proposer is expected to furnish the brand quoted in its proposal. Any substitute shipments will be returned at the proposer's expense. 37. FACILITIES. The City; through its City Manager or his/her authorized designee, reserves iile right to inspect the proposer's facilities at any time, upon rea5onabfe prior written or verbal notice. 38. PROTEST.In the event a ProsPective proposer wishes to protest any part of the General Conditioiis, Special Conditions and/or Technical ~tions contained in this lt must file a notice of protest in writing .· .. :;tO!Il'e Procurement Director, with a a)p)' to the City Clerk. at least ten .c~!W (10) business days prior to the Proptisal opening date and hour ·· specified in the solicitation. Any proposer , who has a substantial interest in" d is aggrieved in connec1ion witll the solicitation or roposed , may protast to the City Manager or his or her e,signee ·· 4!!til two (2) business days following the release of ·11le'tity r's Written recommendation to the City Commission, · , ,-is set forth and released in the City Commission agenda of the proposal in question in accordance with City of h Ordinance No. 2002-3344, which establishes procedures··~ .::PI'qposal protests and which can be found on the Procurementr,~" :. .Jvre to file a timely notice of protest will constitute a waiver ings. ~C_._: CLARIFICATION,:" AND ADDENDA TO PROPOSAL SPECIFICATION'S: If a proposer is in doubt as to the true meaning of the Proposal specifications, or other Proposal documents, or any part thereof, the proposer must submit to the City, at least ten (10) calendar days prior to the scheduled Proposal opening date, a request for clarification. NO QUESTIONS WILL BE RECEIVED VERBALLY OR AFTER SAID DEADLINE. 40. Any interpretation of the Proposal, including, without limitation. responses to questions and request for clarification(s) from proposer s, will be made only by Addendum duly issued by the City. In the event of conflict with the original specifications, the Addendum shall su pe~ede such specifications. to the extent specified. Subsequent Addendum shall govern over prior Addendum only to the extent specified. The proposer shall be required to acknowledge receipt of any and all Addendum, and filling in and signing in the spaces provided in secton 5.0, Acknowledgements/Affidavits. Failure to acknowledge Addendum may deem a proposal non-responsive. 41. The City will not be responsible for explanations, interpretations, or answe~ to questions made vernally or in writing by any City representative. unless issued by the City via formal written Addendum to this Proposal. 42. Any questions or clarifications concerning the Proposal shall be submitted in writing to the Department of Procurement Management (DPM) 1700 Convention Center Drive. Miami Beach, FL 33139 with a copy to llle City Clerk 43. DEMONSTRATION OF COMPETENCY. 44. Pre-award inspection of the proposer's facility may be made prior to the award of oontract. 45. Proposals will only be considered from firms which are regularly engaged in the business of providing the goods and/or services as described in this Proposal. 46. Proposer s must be able to demonstrate a good record of perlormance for a reasonable period of time, and have sufficient financial capacity, equipment, and organization to ensure that they can 131 RFP 2013-228ME, Emergency Shelter beds for the Homeless Population 80 47. 48. 49. 50. satisfactorily perform the services if awarded a contract under the terms and conditions of this Proposal. The terms 'equipment and organizaGon', as used herein shall, be construed to mean a fully equipped and well established company in line with the best business practices in the industry, and as determined by the City of Miami Beach. The City may consider any evidence available regarding the financial, technical, and other qualifications and abilities of a proposer , including past performance (experience), in making an award that is in the best interest of the City. The City may require proposer s to show proof that they have been designated as authorized representatives of a manufacturer or supplier, which is the actual source of supply. In these instances, the City may also require material information from the source of supply regarding the quality, packaging, and characteristics of the products to be supply to the City. Any material confiicts between information provided by the source of supply and the information contained in the proposer's proposal may render the proposal non-responsive. The City may, during the period that the contract between the City and the successful proposer is in force, review the successful proposer 's record of performance to ensure that the proposer is continuing to provide sufficient financial support, equipment, and organization as prescribed in this proposal. Irrespective of the proposer 's performance on contracts awarded to it by the City, the City may place said contracts on probationary status and implement termination procedures if the City determines that the successful proposer no longer possesses the financial support, equipment and organization which would have been necessary during the proposal evaluation period in order to comply with the demonstration of competency required under this subsection. · • · 51. DETERMINATION OF AWARD. Unless otherwise Special {;onditions, The City Commission shall award the p the lowest and best proposer . In detennining the lowest a . proposer , in addition to price, there shall be considered the folloWiiJ9: a. The ability, capacity and skill of the proposer to perform the contract. · ';!L b. Whether the proposer can perfonn the contract within the'i' time sptK:ified, without delay or inteiferance. c. The character, integrity, reputation, judgment, experience and efficiency oftbe proposer ' .. d. The quality of performaiice of previous contracts. e. The previous and existiiig compliance bytf)e proposer with Applicable Laws relating to the ~olltfact. ······ ··· 52. ASSIG ;J~:~ful proposey )hall not assign, transfer, co~y~Yi ·ortiffi~~~·g!!pose of the i;Yjntract including any or lll[bf its right, title or interest lfletein, or hislhei' or itS power to execute ntract, to any persona pany or corporation, without the ritten consent of the City ; ; · · . . ;;PERMITS AND REGULAT~~ The pro~~r shall obtain and pi#' all licenses, permits, a ection fees required under the con · .shall comply with all ble Laws. 54. OPTIONAL C , JMCT USAGE. Wberi the successful proposer (s) is in agreement,'o .its of gov~f!il)lent or non-profit agencies may participate in punch u~uantttilhe award of this contract at the option of the unit of go~~1of'non-profit agency. 55. SPOT MARKET PURCH~SES. It is the intent of the City to punchase the items specifically liSted in this Proposal from the successful proposer. However, the City reserves the right to purchase the ~ems from state or other governmental contract, or on an as-needed basis through the City's spot market purchase provisions. 56. EliMINATION FROM CONSIDERATION. This proposal shall not be awarded to any person or firm who is in arrears to the City upon any debl, taxes, or contracts which are defaulted as surety or otherwise upon any obligation to the City. 57. ESTIMATED QUANTITIES. Estimated quantities or estimated dollars, if provided, are for City guidance only. No guarantee is expressed or implied as to quantities or dollars that will be used during the contract period. The City is not obligated to place any order for a given amount subsequent to the award of this Proposal. Estimates are based upon the City's actual needs and/or usage during a previous contract period. The City may use said estimates for purposes of determining whether the low proposer meets specifications. 58. COLLUSION. Where two (2) or more related parties each submit a proposal or proposals for any contract, such proposals or proposals shall be presumed to be collusive. The foregoing presumption may be rebutted by presentation of evidence as to the extent of ownership, control and management of such related parties in the preparation and submittal of such proposal oc proposals. "Related parties• means proposer s or the prtricipals thereof which have a direct or indirect ownership interest iri another proposer for the same contract, or in which a parent company or the principals thereof of one (1) proposer have a direct or indirect ownership interest in another proposer for the same COI'itract Proposal or proposals found to be collusive shall be rejected. · 59. , 'Propos~r s who have been fourld tb llave engaged in collusion may also be suspended or debarred, and any contract resulting from collusive proposalding may be terminated for cause. ~ . . . 60. DISPUTES. In the event of a conOid betWee~ the Proposal documents, the order of priority of the documents shall be as follows: 61. , Any; contract pr agreement resulting from the award of this Proposal; then 62. 63. 64. Addendum issued for this Proposal, with the latest Addendum taking Plicedence; then Th&' Proposal; then The prupose[) proposal in response to the Proposal. REASONABLE ACCOMMODATION, In accordance with Title II of the , . ,,~,~mericans with "Tbisabilities Act, any person requiring an ,,,~;l,C'~at:comnnodation al the Proposal opening because of a disability must ·;JC . .," , ' rement Division. 66. S. Proposer s shall not offer any gratuities, favors, or anythi of monetary value to any official, employee, contractor, or agent of the City, for the purpose of influencing consideration of this Proposal. SIGNED PROPOSAL CONSIDERED AN OFFER. The signed proposal shall be considered an offer on the part of the proposer , which offer shall be deemed accepted upon award of the proposal by the City Commission. In case of default on the part of the successful proposer , after such acceptance, the City may procure the items or services from other sources and hold the proposer responsible for any excess cost occasioned or incurred thereby. 68. TIE PROPOSALS. In accordance with Florida Statues Section 287.087, regarding identical tie proposals, preference will be given to proposer s certifying that they have implemented a drug free work place program. A certification form will be required. In the event of a continued tie between two or more proposer s after consideration of the drug free workplace program, the City's Local Prefenence and Veteran Prefenence ordinances will dictate the manner by which a tie is to be resolved. In the event of a continued tie after the Local and Veteran Preference ordinances have been applied or the tie exists between proposers that are not Local or Veteran, the breaking of the tie shall be at the City Manager's discretion, which will make a recommendation for award to the City Commission. 69. DELIVERY TIME. Proposer s shall specify in the attached Proposal Form, the guaranteed delivery time (in calendar days) for each item. It must be a firm delivery time; no ranges (For example, 12-14 days) will be accepted. 70. TERMINATION FOR DEFAULT. If the successful proposer shall fail to fulfill in a timely manner, or otherwise violate, any of the covenants, agreements, or stipulations material to the Proposal and/or the contract entered into with the City pursuant thereto, the City shall 14 I RFP 20 13-228ME, Emergency Shelter beds for the Homeless Population 81 thereupon have the right to terminate the work and/or services then remaining to be performed by giving written notice to the proposer of such termination, which shall become effective upon receipt by the proposer of the written termination notice. 71. In that event, the City shall compensate the successful proposer in accordance with the term of the oontract for all work and/or services satisfactorily performed by the proposer prior to termination, net of any oosts incurred by the City as a oonsequence of the default. 72. Notwithstanding the above, the successful proposer shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of the oontract by the proposer , and the City may reasonably withhold payments to the successful proposer for the purposes of set off until such time as the exact amount of damages due the City from the successful proposer is determined. 73. The City may, at its discretion, provide reasonable ·cure period' for any contractual violation prior to termination of the contract: should the successful proposer fail to take the corrective action specified in the City's notice of default within the allotted cure period, then the City may proceed to terminate the contract for cause in accordance with this subseclion 1.57. 74. TERMINATION FOR CONVENIENCE OF CITY. The City may, for its oonvenience, terminate the work and/or services then remaining to be performed, at any time, by giving written notice to the successful proposer of such termination, which shall become effectve thirty (30) days following receipt by proposer of such notice. In that event, all finished or unfinished documents and other materials shall be properly delivered to the City. If the oontract is terminated by the City as provided in this subsection, the City shall compensate t!Je successful proposer in accordance with the terms of the contra and without cause and/or any resulting liability to the City, services actually performed by the successful proposer , also compensate the proposer lor its reasonable direct · rn assembling and delivering to City all documents. No oomperl$ation shall be due to the successful proposer for any profits thaFt!Je successful proposer expecled to earn on the balanced of the contrad. Such payments shall be the total extent of the City's liability to successful proposer upon a termination. as. provided for in subsection. · · ·<- 75. INDEMNIFICATION. The successful Proposer shall indemnify and hold harmless the ·City and • its . officers, employees, agents and inslruf!lentalities from any ancj ;.all liability~ .. lQs.ses or damages, includrng attorney's fees and oostS of defense; :W:nlch tile City or its officers, erl)plo~ees. agents or instrumentalities may incur as"a result of daim;;,~l\dS~~It~, causes of actions or proceedings of any t''nature aniil~.9u,t of~ relaUng ttj :Or resulting from the ance of the agree~ the successful Proposer or its ees, agents, servantS~; rs, principiirs or subcontractors. ccessful Proposer shall' daims and losses in connection nd shall investigate a· 'tend all claims, suits or actions ~I or nature in the na e City, where applicable, rnclu . )late proceedings, an .•. II pay all costs, judgments, and attorney'$ feeS which may be in~ therecn. The successful Proposer e'. .. ... understands 'lJl!l. agrees that any insurance protecton req ftlis Agreemlili'fti'i:Jr otherwise provided by the successful Prop .II in.I}G Way limij the responsibility to :·, ·'::~:::;- indemnify, keep and save harmless and defend the City or its officers, employees, agents and instrumentalities as herein provided. The above indemnification provisions shall survive the expiration or termination of this Agreement. 76. MODIFICATION/WITHDRAWALS OF PROPOSALS. A proposer may submit a modified proposal to replace all or any portion of a previously submitted proposal up until the proposal due date and time. Modifications received after the proposal due date and time will NOT be oonsidered. 77. Proposals shall be irrevocable unUI contract award unless withdrawn in writing prior to the P.~l due date or after expiration of 120 calendar days from tha;openlng.of proposals without a oontract award. Letters of withdralftl~teCeived aft~ the proposal due date and before said expiration dat.e. ~nd letters of withdrawal received after oontracl award will ~~fb&~~ed. 78. EXCEPTIQ!iS TO PRQ@~L. Proposers are strongly encouraged to thoroug~!Y review the ~ti(;ations and all conditions set forth in this Propos31;, Proposers whO.~UJo satisfy the requiremenls in this Proposal, may be deemed noh .. ive and receive no further ' eonsiderafion. Should your prop" al not be able to meet one (1) or more of the requirements Jn this Proposal and you are proposing alternatives and/or excep . tP sa,id,¢quirements, you •. must notify the Procurement Office, in writiiig, ¢least five (5) days ::;:jlljor to the deadline for submission of pro~IS. The City reserves '::,ij'lt;~ r~ht to revise tile soope of services via Addendum prior to the deadrllle for receipt of proposals. 79. FLORIDA PUBLIC RECORDS LAW. Proposer s are hereby notified that all Pro~~~ including, without limitation, any and all information and documentation submitted therewith, are exempt from public records requirements under Section 119.07(1 ), Florida Statutes, and s. 24(a), Art. 1 of 1he State Constituhon until such time as the City f9,~ides notice of ari intended decision or until thirty (30) days after .:. ~Jil9R!J!l~rciposals, whichever is earlier. Additionally, Contractor agrees.tQ2t!!f· in full compliance with Florida Statute 119.0701 including;·:OOt not limited to, agreement to (a) Keep and maintain public records that ordinarily and necessarily would be required by the public agency in order to perform the services; (b) provide the public with access to public records on the same terms and oonditions that the public agency would provide the records aod at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law: (c) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law: (d) Meet all requirements for retaining public reoords and transfer, at no oost. to the public agency all public records in possession of the contractor upon termination of the contract and destroy any duplicate public records that are exempl or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the public agency in a format that is oompatible with the information technology systems of the public agency. 15 I RFP 20 13-228ME, Emergency Shelter beds for the Homeless Population 82 APPENDIX A MIAMI BEACH Proposai,Certi'1~,ption, :,, :.--:·:;_;_-;;_;_.;~. Questiorlngir '& . . lFsAmemts Affidavit · <;i'20 1 3-228 ME Fo.~~Emergen·cy Shelter Beds for the Homeless Population DEPARTMENT OF PROCUREMENT MANAGEMENT 1700 Convention Center Drive Miami Beach, Florida 33139 <e M:AMI BEACH Page16 RFP 2013-228ME, Emergency SheSJ~eds For The Homeless Population Solicitation No: 201J-228ME Solicitation Title: Emergency Shelter Services for the City's Homeless PopulaUon Procurement Contact Maria Estevez Tel: 305-673-7234 I Email: mestevez@miamibeachfl.gov PROPOSAL CERTIFICATION, QUESTIONNAIRE & REQUIREMENTS AFFIDAVIT Purpose: The purpose of this Proposal Certification, Questionnaire and Requirements Affidavit Form is to inform prospective Proposers of certain SOLICITATION and contractual requirements, and to collect necessary information from Proposers in order that certain portions of responsiveness, responsibility and other determining factors and compliance)l{itH!(~,irements may be evaluated. This Proposal Certification, Questionnaire and Requirements Affidavit Form is a REQ ED FORM that must be submitted fully completed and executed. 1. General Proposer Information. FIRM NAME: No of Years in Business: No of Years in Business Locally: OTHER NAME(S) BIDDER HAS OPERATED UNDER IN THE LAST 10 YE.AR§: .. FIRM PRIMARY ADDRESS (HEADQUARTERS): CITY: STATE: TELEPHONE NO.: TOLL FREE NO.: FAX NO.: FIRM LOCAL ADDRESS: CITY: STATE: HIS ENGAGEMENT: The City reserves t · ht to seek aqgitional information from proposer or other source(s), including but not limited to: any firm or principal information, a · · e licenSUre, resumes of relevant individuals, client information, financial information, or any information the City deems necessary e the capacity of the proposer to perform in accordance with contract requirements. ~ MIAfv\!BEACH Page 17 RFP 2013-228ME, Emergency Shelter Beds For The Homeless Population 84 2. 3. 4. Miami Beach Based (Loc 1 al) Veldor. Is proposer a Miami Beach based firm? YES [=:J NO SUBMITTAL REQUIREMENT: Proposers claiming Miami Beach vendor status shall submit a Business Tax Receipt issued by the City of Miami Beach, as required pursuant to ordinance 2011-3747, to demonstrate that the Proposer is a Miami Beach Based Vendor. Veteran Owned Business~oser a veteran owned business? L_j YES CJ NO SUBMITTAL REQUIREMENT: Proposers claiming veteran owned business that firm is certified as a veteran-owned business or a service-disabled United States federal government, as required pursuant to ordinance 2011 .. · ·· a documentation proving by the State of Florida or Financial Capacity. Proposers shall submit a Dun & Bradstreet Duns . (D-U .. City may request one or more D&B reports to assess proposer's financial capacity or may request Other imormat.~ae.!~-. audited and other financial statements) after proposal submittal in order to assess financial capacity. If firm is not registered at D&B, contact 0 & Bat 1-800-234-3867 to register your company .. , ., SUBMITTAL REQUIREMENT: Proposer shall submit Dun &~Bradstreet Duns Nt~mber (D-U-N-S #): . Note: The City may require other financial information {e.g., audited financial statements, bonding capacity, credit history, etc.), as part of the solicitation submittal requi nts or during the evaluation process, as necessary to evaluate financial capacity. 5. Litigation History. Proposer shall submit a stat t · ti ation or regulatory~Ction that has been filed against your firm(s) in the last five years. If an action has b ,filed, ; n4.~1ii§Cribe the Jitlgation or regulatory action filed, and identify the court or agency before which the actio ;'was in dttitea,· ffie~appl~ble case or file number, and the status or disposition for such reported action. If no litigation \br.. atory acticrn)ias' been filed against your firm(s), provide a statement to that effectJPNo"litig~g2n or regulatory a' as been filed~gainst your firm(s), please provide a statement to that effect. Truthful and cdr(@~te answers to ,OJs question may not necessarily disqualify a firm from consideration but will be a factor'inthe selection process. Untruthful, misleading or false answers to this question shall result in the disqualification :gf the firm for this pro~ ":~;T~'~,~ -.. . ~~~~i<-~ . = \ :_;,:~, _;_. _ ._, T SUBM11J~k.~~QUIREMENT: Proposer shall submit history of litigation or regulatory action filed against proposer, or any propoSetf · · ·· ... ,b,er firm, in the past five (5) years. If Proposer has no litigation history or regulatory action in the past 5 ,~~rs; submi SlaJ, : t accordinQf:L '~~:~;·· ·~Lq_ ·._ --~:~:: 6. ~;~~!]keferences & Past ~t9rmance. Proposer7shall submit at least three (3) references for whom the proposer has ·~;:~· pleted work similar irr's~and nature as the work referenced in solicitation. S B AL REQUIREM Proposer shall submit a minimum of three (3) references, including the following inform;atiqfi;::;1J Firm Name,"'· .• ontact Individual Name & Title, 3) Address, 4) Telephone, 5} Contact's Email and 6) Narrative''6f!Soope of Servig~~fProvided. ,, ~ii.':'(. (e tv\IA.!v\i BEACH PagelS RFP 2013-228ME. Emergency Shelter Beds For The Homeless Population 85 7. Suspension, Debarment or Contract Cancellation. Has proposer ever been debarred, suspended or other legal violation, or had a contract cancelled due to nonTerfor~ance by any public sector agency? c===J YES NO SUBMITTAL REQUIREMENT: If answer to above is "YES," Proposer shall submit a statement detailing the reasons that led to action(s}. 8. Vendor Campaign Contributions. Proposers are expected to be or become familiar with, the City's Campaign Finance Reform laws, as codified in Sections 2-487 through 2-490 of the City Code. Proposers shall be solely responsible for ensuring that all applicable provisions of the City's Campaign Finance Reform laws are coffiH!ied with, and shall be subject to any and all sanctions, as prescribed therein, including disqualification of their ProposalS,: in the event of such non- compliance. SUBMITTAL REQUIREMENT: Submit the names of all individuals or entities {including your sub-consultants) with a controlling financial interest as defined in ITN. For each individual or enfitj/ with a corifrc)mng financial interest indicate whether or not each individual or entity has contributed to the campaign ~ither directly or indirectly, of a candidate who has been elected to the office of Mayor or City Commissioner for the qwotMiami Beach. , · · · · 9. Code of Business Ethics. Pursuant to City Resolution No · -23879, each person or entity that seeks to do business with the City shall adopt a Code of Business Ethics ("C. ·. '.~submit th~Code to the Procurement ()ivi'Sion with its ,. .,. ....... ... . .. bid/response or within five (5) days upon receipt of request. The~~hall, ;at~n"tinimum, require the Proposer, to comply with all applicable governmental rules and regulations including, amq~~ 8.-ti!~: the'bonflict of interest, lobbying and ethics provision of the City of Miami Beach and Miami Dade County. · '~,;i~£- SUBMITTAL REQUIREMENT: Proposer snail submit firm's Code of B Business Ethics, proposer may submit a statement indic~.ting that it will ad Miami Beach Code of Ethics, available at www.miamibEiaChfl.gov/procuremenU. s Ethics. In lieu of submitting Code of ~ed in the ordinance, the City of m Living Wage. Pursuant to Section 2-408 of the Miami Beactlit~ity Code,as same may be amended from time to time, proposers shall be required to pay all employees who providtr1services pufSq~rit to this Agreement, the hourly living wage rates listed below: . . : ·· c;7· • Commencipg' _I year 2012-13 {October 1, 2012), the hourly living rate will be $11.28/hr with he!iltfl benefits, and $12:92/hr without benefits. The living wage"'riite;aqq health car~ benefits rate may, tiy.Resolution of the City Commission be indexed annually for inflation using the Cori~ti, r Price;ln ex for all Urban Consumers (CPI-U) Miami/Ft. Lauderdale, issued by the U.S. Department of Labor's 8 · · otla ··•·· · :::standing the preceding, no annual index shall exceed three percent (3%). The City may ,~~t reso u ., ,,, o index the living wage rate in any particular year, if it determines it would not be fiscally sound to'·frT!P,!!!01ent same {in a particular year) . . · .. Proposers' failure to comely with ttifs shall be deemed a material breach under this bid, under which the City c;;t;;i m~y, at its sole option, imQ'l~piately d proposer as non-responsive, and may further subject proposer to additional 'penalties and fines, as provided in the ~j. s Living Wage Ordinance, as amended. Further information on the Living Wage requirement is available at www.miamibeachfl.gov/procurementl. SUBMITIA,l[REQUIREMEN1: No additional submittal is required. By virtue of executing this affidavit document, Proposer agrees to the living wage requirement. . {~~-/ ''',." . :; : 11. Equal Benefits for Employees with Spouses and Employees with Domestic Partners. When awarding competitively solicited contracts valued at over $100,000 whose contractors maintain 51 or more full time employees on their payrolls during 20 or more calendar work weeks, the Equal Benefits for Domestic Partners Ordinance 2005-3494 requires certain contractors doing business with the City of Miami Beach, who are awarded a contract pursuant to competitive bids, to provide "Equal Benefits" to their employees with domestic partners, as they provide to employees with spouses. The Ordinance applies to all employees of a Contractor who work within the City limits of the City of Miami Beach, Florida; and the Contractor's employees located in the United States, but outside of the City of Miami Beach limits, who are directly performing work on the contract within the City of Miami Beach. e tv\1/-N\! BEACH Page 19 RFP 2013-228ME. Emergency Shelter Beds For The Homeless Population 86 12. A. Does your company provide or offer access to any benefits to employees with spouses or to spouses of employees? c::::::::J YES c::::::::J N 0 8. Does your company provide or offer access to any benefits to employees with (same or opposite sex) domestic partners* or to domestic partners of employees? c::::::::J YES c::::::::J NO C. Please check all benefits that apply to your answers above and list in the "other" section any additional benefits not already specified. Note: some benefits are provided to employees because they have it£S~Louse or domestic partner, such as bereavement leave; other benefits are provided directly to the spouse or domes~Q'fp:aHii~;$uch as medical insurance. BENEFIT Health Sick Leave Famil Medical Leave Bereavement Leave Firm Provides for Employees with S ouses ,;;_:"·:,·.t- Firm Provides for ,. {>~>Firm does not Emplo~ees witru;Jji: .. '"'1:'i~r~Ylde Benefit Domestic Partn~:~.~ If Proposer cannot offer a benefit to domestic partners because of reasons outside your control, (~, ., there are no insurance providers in your area willing to offer domestic partner coverage} you may be eligible for Reasonable Measures compliance. To comply on this basis, you must agree to pay a cash equivalent and submit a completed Reasonable Measures Application (attached) with all n~cessary documentation. Your Reasonable Measures Application will be reviewed for consideration by the City Managtl'r.:' his designee. Approval is not guaranteed and the City Manager's decision is final. Further informatiOn.} Equal Benefits requirement is available at www.miamibeachfl.gov/procurement/. F . Public Entity Crimes. Section 287.133(2)(a), FIJilba . .. .. . or as amended from time to time, states that a person or affiliate who has been placectQn t11e con · · following a conviction for a public entity 'k·,·:·, ·.:·:,, ' ' ~ crime may not submit a .. bid, proposal, or reply on a co9tract to provide .· · goods or services to a public entity; may not submit a bid, proposal, "or reply on a @ntract with a puoll9, entity for the construction or repair of a public building or public work; may not submit bids, proposals; or replies on lea~s of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or ronsuJ.tant under a contract with any public entity; and may not transact business with any public entity in excess of the lhreSJJ,ofd amount provided ins. 287.017 for CATEGORY TWO for a period of 36 months following the date of being Rl~9fld on tfie convicted vendor list. . :-:.:·:::1.:: ::!:·1. 1 Al:'·K!=~·liJI~t;MI~I'II : No ad;ditional submittal is required. By virtue of executing this affidavit document, proposer ts of Set:®r 287.133, Florida Statutes, and certifies it has not been placed on convicted vendor After issuance of solicitation, the City may release one or more addendum to the solieitalioo. which may additional information to proposers or alter solicitation requirements. The City will strive to Proposer havtqg received solicitation through the City's a-procurement system, PublicPurchase.com. '"'m"""'"' Pl~ooosers are so!~ly responsible for assuring they have received any and all addendum issued pursuant to solicitation.· ·. ·· 'AcknowledQement of Addendum section certifies that the Proposer has received all addendum released by the City pursuant w~tt.iS~solicitation. Failure to obtain and acknowledge receipt of all addendum may result in proposal di ·······~··· squalification. ",-,. ~.H •. ~~; Initial to Confimi' Initial to Confirm Initial to Confirm Receipt Receipt Receipt Addendum 1 Addendum 6 Addendum 2 Addendum 7 Addendum 3 Addendum 8 Addendum 4 Addendum 9 Addendum 5 Addendum 10 If additional confirmat1on of addendum is required, submit under separate cover. ~ r\AJL..f'J\1 BEACH Page 20 RFP 2013-228ME, Emergency Shelter Beds For The Homeless Population 87 Addendum 11 Addendum 12 Addendum 13 Addendum 14 Addendum 15 --------------------- DISCLOSURE AND DISCLAIMER SECTION The solicitation referenced herein is being furnished to the recipient by the City of Miami Beach (the "City"} for the recipient's convenience. Any action taken by the City in response to Proposals made pursuant to this RFP, or in making any award, or in failing or refusing to make any award pursuant to such Proposals, or in cancelling awards, or in withdrawing or cancelling this RFP, either before or after issuance of an award, shall be without any liability or obligation on the part of the City. In its sole discretion, the City may withdraw the solicitation either before or after receiving proposal~. may accept or reject proposals, and may accept proposals which deviate from the solicitation, as it deems appropriate and in it~J~!~!:jrterest. In its sole discretion, the City may determine the qualifications and acceptability of any party or parties subrnitlin'g Proposals in response to this solicitation. · Following submission of a Bid or Proposal, the applicant agrees to deliver such furthe financial and disclosure data, relating to the Proposal and the applicant including, wi directors, shareholders, partners and employees, as requested by the City in its discre ation and assurances, including 'J~,~pplicant's affiliates, officers, The information contained herein is provided solely for the convenience of prospective Proposers. lt"iS" the responsibility of the recipient to assure itself that information contained herein is accurate and complete. The City does not provide any assurances as to the accuracy of any information in this solicitation. · · .. -.,".,-;1:1-l;i-\}~l Any reliance on these contents, or on any permitted communications witn-City officials, shall be at the recipient's o~Wfisk. Proposers should rely exclusively on their own investigations, interpretations, and analyses. The solicitation is being provided by the City without any warranty or representation, express or implied, as to its content, its accuracy, or its completeness. No warranty or representation is made by the City or lts agents . t any Proposal conforming tq these requirements will be selected for consideration, negotiation, or approval. · • ~ The City shall have no obligation or liability with respec ·~· " · · lion, the selection and the award process, or whether any award will be made. Any recipient of this solicitation who rest>,o Jly acknowledges all the provisions of this Disclosure and Disclaimer, is totally relying on this Disclosure and Disclaimer; and agre ;to be . d by the terms hereof. Any Proposals submitted to the City pursuant to this RFP are submitted at the sole risk and res ~ ibilif}/ (:)" <>submitting such Proposal. This RFP is made subject to correcti6~~errors, omissions, or J; wal from the rket without notice. Information is for guidance -.~ ~ ~' . j' ~ only, and does not constitute all or any part of an agreement :1t The City and all Proposers will be bound only as, if and when a'1kroposal (or Proposals), as same may be modified, and the applicable definitive agreements pertaining thereto, are approved and~~tted by the parties, and then only pursuant to the terms of the definitive agreements executed among tile parti~~:Af1Y responsetm this solicitation may be accepted or rejected by the City for any reason, or for no r,,~a.son, without anfresultantliabillfY to the City. The City is governed by the Government-in-the-Sunshine Law, and all Proposals and supporting documents shall be subject to disclosU(e as required by such law.,AII Proposals shall be submitted in sealed bid form and shall remain confidential to the extent permi[~J;ly Florida Statutes, until .• ":~ ate andtlrn~'selected for opening the responses. At that time, all documents received by the Cityshalftiticome public records. , _ · Proposers are expected to make all diselosures and declarations as requested in this solicitation. By submission of a Proposal, the Proposer acknowledges and agrees Jhat the City has the right to make any inquiry or investigation it deems appropriate to substantiate or supplement informatiml_contained in the Proposal, and authorizes the release to the City of any and all information sought in such inquiry or investigatioo{Each Proposer certifies that the information contained in the Proposal is true, accurate and complete, to the best of its knowledge~ information, and belief. Notwithstanding the foregoing or anything contained in the RFP, all Proposers agree that in the event of a final unappealable judgment by a court of competent jurisdiction which imposes on the City any liability arising out of this RFP, or any response thereto, or any action or inaction by the City with respect thereto, such liability shall be limited to $10,000.00 as agreed-upon and liquidated damages. The previous sentence, however, shall not be construed to circumvent any of the other provisions of this Disclosure and Disclaimer which imposes no liability on the City. In the event of any differences in language between this Disclosure and Disclaimer and the balance of the RFP, it is understood that the provisions of this Disclosure and Disclaimer shall always govern. The RFP and any disputes arising from the RFP shall be governed by and construed in accordance with the laws of the State of Florida. & r\"';t.tv\!BEACH ..... ·"!·'· .. Page 21 RFP 20 13-228ME. Emergency Shelter Beds For The Homeless Population 88 PROPOSER CERTIFICATION I hereby certify that: I, as an authorized agent of the Proposer, am submitting the following information as my firm's proposal; Proposer agrees to complete and unconditional acceptance of the terms and conditions of this document, inclusive of this I TN, all attachments, exhibits and appendices and the contents of any Addenda released hereto, and the Disclosure and Disclaimer Statement; proposer agrees to be bound to any and all specifications, terms and conditions contained in the I TN, and any released Addenda and understand that the following are requirements of this SOLICITATION and failure to comply will result in disqualifiCation of proposal submitted; Proposer has not divulged, discussed, or compared the proposal with other Proposers and has not colluded with any other proposer or party to any other proposal; proposer acknowledges that all information contained herein is part of the public domain as defined by the State of Florida Sunshine and Public Records Laws; all responses, data and information contained in this proposal, inclusive of the Proposal Certification, Questionnaire and Requirements Affidavit are true and accurate. Name of Proposers Authorized Representative: Signature of Proposer's Authorized Representatlve: State of FLORIDA On this _day of , 20_, personally appeared before me who County of stated that (s)he is the of _____ , a corporation, and that the instrument was signed in behalf of the said corporation by authority of its board of directors and acknowledged said instrument to be its voluntary act and deed. Before me: (;9 tldN!\! BEACH Page 22 Notary Public for the State of ___ _ My Commission Expires: ______ _ RFP 201 3-228ME. Emergency Shelter Beds For The Homeless Population 89 APPENDIX "B" COST PROPOSAL RFP 2013-228ME, Emergency Shelter Beds For The Homeless Population Proposers must detail the services included in the proposed daily bed r~~e:in the~~p,e of services and Methodology section. ''~:;~[&.~~ \');: , Daily bed Rate $. ___ _ G tv~IAN\! BEACH Page 23 -*=4. Proposer Signature RFP 2013-228ME, Emergency Shelter Beds For The Homeless Population 90