C2B-Issue RFQ Governmental Consulting ServicesCOMMISSION ITEM SUMMARY
Condensed Title:
REQUEST FOR APPROVAL TO ISSUE REQUEST FOR QUALIFICATIONS (RFQ)
2014-128-MF FOR GOVERNMENTAL CONSULTING SERVICES
Ke Intended Outcome Su orted:
Item Summary/Recommendation:
Legislative services are essential in order for the City to advance its agenda with the
State Legislature. Accordingly, on October 1, 2008, the City entered into an
Agreement (the "Agreement") with Rutledge Ecenia & Purnell, P.A., Gomez Barker
Associates, Inc., and Robert M. Levy & Associates, lnc.(the "Lobbyists") pursuant to
Resolution No. 2008-26875 through September 30. 2013.
On December 11, 2013, the City Commission authorized the extension of the
Agreement through September 30, 2014, to allow time for the City to competitively
solicit proposals, through an RFQ, from qualified firms interested in providing the
required legislative services to the City. The proposed RFQ is attached for the City
Commission's consideration.
Advisory Board Recommendation:
IN/A
Financial Information:
Source of Amount
Funds: N/A
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Total
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Financial Impact Summary: N I A
Ci Clerk's Office Le islative Trackin
Alex Denis, Ext. 7490
MIAMI BEACH
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Account
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JLM
Maintenance-
AGENDA ITEM c J. B
DATE rJ-/J-/lj
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City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florido 33139, www.miomibeochfl.gov
COMMISSION MEMORANDUM
TO: Mayor Philip Levine and Members o the City pommission
I ~ -
FROM: Jimmy L. Morales, City Manager ~~ -
DATE: February 12, 2014
·~
SUBJECT: REQUEST FOR APPROVAL TO ISSUE REQUEST FOR QUALIFICATIONS
(RFQ) 2014-128-MF FOR GOVERNMENTAL CONSULTING SERVICES
BACKGROUND/ANALYSIS
Legislative services are essential in order for the City to advance its agenda with the State
Legislature. Accordingly, on October 1, 2008, the City entered into an Agreement (the
"Agreement") with Rutledge Ecenia & Purnell, P.A., Gomez Barker Associates, Inc., and Robert
M. Levy & Associates, lnc.(the "Lobbyists") pursuant to Resolution No. 2008-26875 through
September 30. 2013.
On December 11, 2013, the City Commission authorized the extension of the Agreement through
September 30, 2014, to allow time for the City to competitively solicit proposals, through an RFQ,
from qualified firms interested in providing the required legislative services to the City. The
proposed RFQ is attached for the City Commission's consideration.
MAJOR RFP REQUIREMENTS
1. MINIMUM QUALIFICATIONS
Please Reference Section 0500, Technical Requirements and Specifications, RFQ 2014-128-MF,
for Governmental Consulting Services
2. SUBMITTAL REQUIREMENTS
Please Reference Section 0300, Proposal Submittal Instructions and Format, RFQ 2014-128-MF,
for Governmental Consulting Services
3. CRITERIA FOR EVALUATION
Please Reference Section 0400, Evaluation I Selection Process, RFQ 2014-128-MF, for
Governmental Consulting Services
CONCLUSION
The Administration recommends that the Mayor and Commission authorize the issuance of the
RFP 2014-015-LR for Psychological Services for Sworn and Civilian Employees.
ATTACHMENTS
RFQ 2014-015-LR for Psychological Services for Sworn and Civilian Employees.
JLM/JMJ/KGB/AD
T:\AGENDA\2014\February\Procurement\Request to Issue RFP for Governmental and Legislative Consulting MEMO.docx
49
REQUEST FOR QUALIFICATIONS (RFQ)
FOR SERVICES
TITLE: LEGISLATIVE CONSULTING SERVICES
SOLICITATION No. 2014-128-MF
PROPOSAL ISSUANCE DATE: FEBRUARY 14, 2014
PRE-PROPOSAL MEETING DATE: FEBRUARY 25, 2014
PROPOSAL OPENING: MARCH 11, 2014 @ 3:00 PM
ISSUED BY:
<9 MIAMI BEACH
Marta Fernandez-Rubio, Procurement Coordinator
DEPARTMENT OF PROCUREMENT MANAGEMENT
1700 Convention Center Drive, Miami Beach, FL 33139
305.673.000 x6263 I Fax: 786.373.7851 I www.miamibeachfl.gov
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TABLE OF CONTENTS
SOLICITATION SECTIONS: PAGE
0100 NOT UTILIZED ........................................................................................................ N/A
0200 INSTRUCTIONS TO PROPOSERS ............................................................................ X
0300 PROPOSAL SUBMITTAL INSTRUCTIONS & FORMAT ............................................. X
0400 PROPOSAL EVALUATION ........................................................................................ X
0500 TECHNICAL REQUIREMENTS AND SPECIFICATIONS ............................................ X
0600 GENERAL TERMS AND CONDITIONS ...................................................................... X
APPENDICES: PAGE
APPENDIX A
APPENDIX B
PROPOSAL CERTIFICATON, QUESTIONNAIRE AND AFFIDAVITS ......... X
"NO PROPOSAL" FORM ............................................................................. X
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SECTION 0200 INSTRUCTIONS TO PROPOSERS
1. GENERAL. The following instructions are given for the purpose of guiding PROPOSERS in properly
preparing their PROPOSALS. Such instructions have equal force and weight with other portions of the
Contract Documents and strict compliance is required with all the provisions contained in the instructions.
PROPOSERs shall note that various paragraphs within these bid documents have a box { D ) which may
be checked ( IZl ). If the box is checked, the language is made a part of the bid documents and
compliance therewith is required of the PROPOSER; if the box is not checked, the language is not made a
part of the bid documents.
2. SCOPE OF WORK. Through this Request for Qualifications, the City of Miami Beach, Florida (the "City")
seeks proposals and statements of qualifications from parties interested in providing the City with legislative
and governmental affairs consulting services as further detailed herein. The City anticipates selecting on
service provider to perform the requested services. However, the City reserves the right to select additional
providers if it is deemed to be in the best interest of the City.
3. SOLICITATION TIMETABLE. The tentative schedule for this Solicitation is as follows:
Solicitation Issued February 14, 2014
Pre-Proposal Meeting February 25, 2014
Deadline for Receipt of Questions February 28, 2014
Proposals Due March 11, 2014
Evaluation Committee Review TBD
Tentative Commission Approval Authorizing TBD
Negotiations
4. QUESTIONS. Any questions or clarifications concerning this solicitation shall be submitted to the
Procurement Contact named herein, in writing, with a copy to the City Clerk's Office, Rafael E. Granado via
e-mail: RafaelGranado@miamibeachfl.gov ; or facsimile: 786-394-4188. The Bid title/number shall be
referenced on all correspondence. All questions or requests for clarification must be received no later than
ten (10) calendar days prior to the scheduled Bid opening date. All responses to questions/clarifications
will be sent to all prospective PROPOSERs in the form of an addendum.
Procurement Contact: Telephone: Email:
MARTA FERNANDEZ-RUBIO 305-673-7000, Extension MartaFernandezRubio@miamibeachfl.gov
6263
5. PRE-PROPOSAL MEETING. A Pre-PROPOSAL conference will be held as scheduled in Solicitation
Timeline above at the following address:
City of Miami Beach
City Hall · 41h Floor
City Manager's Large Conference Room
1700 Convention Center Drive
Miami Beach, Florida 33139
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PROPOSERs interested in participating in the 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# (note that number is followed by the pound key)
PROPOSERs who are interested in participating via telephone, should send an e-mail to the Procurement
contact named herein, expressing your intent to participate via telephone at least one business day in
advance of the meeting.
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6. PRE-PROPOSAL INTERPRETATIONS. Only questions answered by written Addenda will be binding
and may supersede terms noted in this Solicitation. Oral and other interpretations or clarifications will be
without legal effect. All questions about the meaning or intent of the Contract Documents are to be directed
to the City's Procurement Director in writing. Interpretations or clarifications considered necessary by the
City's Procurement Director in response to such questions will be issued by City by means of Addenda
mailed or delivered to all parties recorded by the City's Procurement Director as having received the
Bidding Documents. Written questions should be received no less than ten (10) calendar days prior
to the date established for receipt of PROPOSALs. There shall be no obligation on the part of City
or the City's Procurement Director to respond to questions received less than ten (10) calendar
days prior to bid opening.
7. CONE OF SILENCE. Pursuant to Section 2-486 of the City Code, all procurement solicitations once
advertised and until an award recommendation has been forwarded to the City Commission by the City
Manager are under the "Cone of Silence." The Cone of Silence ordinance is available at
http://library.municode.com/index.aspx?clientl D= 13097 &state I D=9&statename=Florida. Any communication
or inquiry in reference to this solicitation with any City employee or City official is strictly prohibited with the
of exception communications with the procurement director, or his/her administrative staff responsible for
administering the procurement process for this solicitation providing said communication is limited to
matters of process or procedure regarding the solicitation. Communications regarding this solicitation are to
be submitted in writing to the Procurement Contact named herein with a copy to the City Clerk at
rafaelgranado@miamibeachfl.gov.
8. SPECIAL NOTICES. You are hereby advised that this solicitation is subject to the following
ordinances/resolutions, which may be found on the City Of Miami Beach website:
http://web.miamibeachfl.gov/procu remenUscroll. aspx?id=23510
• CONE OF SILENCE -CITY CODE SECTION 2-486
• CAMPAIGN CONTRIBUTIONS BY CONTRACTORS -CITY CODE SECTION
• DEBARMENT PROCEEDINGS -CITY CODE SECTION 2-397 THROUGH 2-485
• LOBBYIST REGISTRATION AND DISCLOSURE OF FEES -CITY CODE SECTION 2-481
THROUGH 2-486
• LIVING WAGE REQUIREMENT -CITY CODE SECTION 407 THROUGH 410
• LOCAL PREFERENCE FOR MIAMI BEACH-BASED CONTRACTORS -CITY CODE
SECTION 2-372
• PREFERENCE FOR FLORIDA SMALL BUSINESSES OWNED AND CONTROLLED BY
VETERANS AND TO STATE CERTIFIED SERVICE-DISABLED VETERAN BUSINESS
ENTERPRISES-CITY CODE SECTION 2-374
• PROTEST PROCEDURES-CITY CODE SECTION 2-371
9. POSTPONEMENT OF DUE DATE FOR RECEIPT OF PROPOSALS. The City reserves the right to
postpone the date for receipt and opening of bids and will make a reasonable effort to give at least five (5)
calendar days written notice of any such postponement to all prospective PROPOSERS.
10. PROTESTS. Protests concerning the bid specifications, requirements, and/or terms; or protests after
the PROPOSAL due date in accordance with City Code Section 2-371, which establishes procedures for
protested bids and proposed awards. Protests not submitted in a timely manner pursuant to the
requirements of City Code Section 2-371 shall be barred.
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11. MIAMI BEACH·BASED VENDORS PREFERENCE. Pursuant to City of Miami Beach Ordinance No.
2011-37 47, a five (5) point preference will be given to a responsive and responsible Miami Beach-based
vendor. Whenever, as a result of the foregoing preference, the adjusted prices of two (2) or more Miami
Beach-based vendors constitute the lowest bid for a competitively bid purchase, and such bids are
responsive and otherwise equal with respect to quality and service, then the award shall be made to the
Miami Beach-based vendor having the greatest number of its employees that are Miami Beach residents.
Whenever, two or more Miami Beach-based vendors have the same number of its employees that are
Miami Beach residents, then the award shall be made to the Miami Beach-based vendor who is certified by
Miami-Dade County as a Minority or Women Business Enterprise.
12. VETERAN BUSINESS ENTERPRISES PREFERENCE. Pursuant to City of Miami Beach Ordinance
No. 2011-3748, the City shall give a five (5) point preference to a responsive and responsible PROPOSER
which is a small business concern owned and controlled by a veteran(s) or which is a service-disabled
veteran business enterprise. Whenever, as a result of the foregoing preference, the adjusted prices of two
(2) or more PROPOSERs which are a small business concern owned and controlled by a veteran(s) or a
service-disabled veteran business enterprise constitute the lowest bid pursuant to an Solicitation or oral or
written request for quotation, and such bids are responsive, responsible and otherwise equal with respect
to quality and service, then the award shall be made to the service-disabled veteran business enterprise.
13. DETERMINATION OF AWARD. The final ranking results of Step 1 & 2 outlined in Section V,
Evaluation of PROPOSALS, will be considered by the City Manager who may recommend to the City
Commission to negotiate a an agreement for services, including compensation, with one or more
PROPOSER{s) that the City Manager deems to be in the best interest of the City or may recommend
rejection of all PROPOSALs. The City Manager's recommendation need not be consistent with the scoring
results identified herein and takes into consideration Miami Beach City Code Section 2-369, including the
following considerations:
(1) The ability, capacity and skill of the PROPOSER to perform the contract.
(2) Whether the PROPOSER can perform the contract within the time specified, without
delay or interference.
(3) The character, integrity, reputation, judgment, experience and efficiency of the
PROPOSER.
(4) The quality of performance of previous contracts.
(5) The previous and existing compliance by the PROPOSER with laws and ordinances
relating to the contract.
The City Commission shall consider the City Manager's recommendation and may approve such
recommendation. The City Commission may also, at its option, reject the City Manager's recommendation
and select another PROPOSAL or PROPOSALS which it deems to be in the best interest of the City, or it
may also reject all PROPOSALs.
14. ACCEPTANCE OR REJECTION OF PROPOSALS. The City reserves the right to reject any or all
PROPOSALs prior to award. Reasonable efforts will be made to either award the Contract or reject all bids
within one-hundred twenty (120) calendar days after PROPOSALs opening date. A PROPOSER may not
withdraw its PRO POSA Ls unilaterally before the expiration of one hundred and twenty ( 120) calendar days
from the date of PROPOSALS opening.
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15. PROPOSER'S RESPONSIBILITY. Before submitting a PROPOSAL, each PROPOSER shall be solely
responsible for making any and all investigations, evaluations, and examinations, as it deems necessary, to
ascertain all conditions and requirements affecting the full performance of the contract. Ignorance of such
conditions and requirements, and/or failure to make such evaluations, investigations, and examinations, will
not relieve the PROPOSER from any obligation to comply with every detail and with all provisions and
requirements of the contract, and will not be accepted as a basis for any subsequent claim whatsoever for
any monetary consideration on the part of the PROPOSER.
16. COSTS INCURRED BY PROPOSERS. All expenses involved with the preparation and submission of
PROPOSALs, or any work performed in connection therewith, shall be the sole responsibility (and shall be
at the sole cost and expense) of the PROPOSER, and shall not be reimbursed by the City.
17. RELATIONSHIP TO THE CITY. It is the intent of the City, and PROPOSERs hereby acknowledge and
agree, that the successful PROPOSER is considered to be an independent contractor, and that neither the
PROPOSER, nor the PROPOSER's employees, agents, and/or contractors, shall, under any
circumstances, be considered employees or agents of the City.
18. FLORIDA PUBLIC RECORDS LAW. PROPOSERs are hereby notified that all PROPOSALs 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 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.
Balance of Page Intentionally Left Blank
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.... ...... . ..
SECTION 0300 PROPOSAL SUBMITTAL INSTRUCTIONS AND FORMAT
1. SEALED PROPOSALS. One original PROPOSAL (preferably in 3-ring binder) must be submitted in an
opaque, sealed envelope or container on or before the due date established for the receipt of bids.
Additionally, ten (10) bound copies and one (1) electronic format (CD or USB format) are to be submitted.
The following information should be clearly marked on the face of the envelope or container in which the
bid is submitted: Solicitation Number, Solicitation Title, PROPOSER Name, PROPOSER Return Address.
PROPOSALs received electronically, either through email or facsimile, are not acceptable and will be
rejected.
2. LATE PROPOSALS. PROPOSALs are to be received on or before the due date established herein for
the receipt of Bids. Any Bid received after the date and time established for receipt of proposals will
be considered late and not be accepted or will be returned to the PROPOSER unopened. The City
does not accept responsibility for any delays, natural or otherwise.
3. PROPOSAL SUBMITTAL FORMAT. In order to maintain comparability, facilitate the review 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 tabbed as enumerated below and contain a table of contents with page references. Electronic
copies should also be tabbed and contain a table of contents with page references. PROPOSALs that do
not include the required information will be deemed non-responsive and will not be considered.
TAB 1
The Minimum Eligibility Requirements for this solicitation are noted in Section 0500 (Specifications and
Technical Requirements). PROPOSER shall submit detailed verifiable information affirmatively
documenting compliance with each minimum eligibility requirement. PROPOSERs that fail to comply with
minimum eligibility requirements will be deemed non-responsive and will not be considered.
TAB2 Experience & Qualifications.
Qualifications of Proposing Firm. Describe experience and qualifications of the PROPOSER in
performing the services sought in this Solicitation, including:
2.1 Firm History & Prior Experience. Submit detailed information regarding the firm's history and
relevant experience, including but not limited to:
2.1.1 Oocumentable, proven track record of providing the scope of services similar as identified in
this solicitation.
2.1.2 Experience in providing similar scope of services to public sector agencies.
2.2 Qualifications of PROPOSER Team. Provide an organizational chart of all personnel and
consultants to be used for this project 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 educatlon, experience, and any other pertinent information, shall be included for each
PROPOSAL team member to be assigned to this contract
2.3 Financial Capacity. Each PROPOSER shall arrange for Dun & Bradstreet to submit a Supplier
Qualification Report (SQR) directly to the Procurement Contact named herein. The cost of the
preparation of the D&B report shall be the responsibility of the PROPOSER. The PROPOSER shall
re uest the SQR re art from D&B at
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https:l/supplierportal.dnb.com/webapp/wcs/stores/servlet/SupplierPortal?storeld=11696
In addition to the SQR, the City reserves the right to require additional information to determine
financial capability including latest annual reviewed/audited financial statements with the auditors notes
for each of their last two complete fiscal years within ten {10) calendar days, upon written request.
Such statements should include, as a minimum, balance sheets (statements of financial position) and
statements of profit and loss (statement of net income). When the submittal is from a co venture, each
team member involved in the co venture must submit financial statements as indicated above.
2.4 PROPOSAL Certification, Questionnaire & Requirements Affidavit (Appendix A). Attach
Appendix A fully completed and executed.
TAB 3 Scope of Services Proposed
In detail, provide a response to each of the scope of services requirements outlined in Section 0500. Where
applicable, PROPOSER should provide verifiable documentation of prior experience with a specific
proposed deliverable.
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SECTION 0400 EVALUATION I SELECTION PROCESS
1. Evaluation Committee. An Evaluation Committee, appointed by the City Manager, shall meet to
evaluate each PROPOSAL in accordance with the requirements set forth in the Solicitation. If further
information is desired, PROPOSERs may be requested to make additional written submissions of a
clarifying nature or oral presentations to the Evaluation Committee. The evaluation of PROPOSALs will
proceed in a two-step process.
2. Step 1 Evaluation. The first step will consist of the qualitative criteria listed below to be considered by
the Evaluation Committee. The second step will consist of quantitative criteria established below to be
added to the Evaluation Committee results by the Department of Procurement Management. An Evaluation
Committee, appointed by the City Manager, shall meet to evaluate each PROPOSAL in accordance with
the qualifications criteria established below for Step 1, Qualitative Criteria. In doing so, the Evaluation
Committee may:
• Review and score all PROPOSALs received, with or without conducting interview
sessions; or
• Review all PROPOSALs received and short-list one or more PROPOSERs to be further
considered during subsequent interview session(s) (using the same Step 1 criteria).
Step 1 . Qualitative Criteria Maximum Points
Proposer Experience and Qualifications, including Financial Capability
Scope of Services Proposed
50
50
TOTAL AVAILABLE STEP 1 POINTS 100
3. Step 2 Evaluation. Following the results of Step 1 Evaluation of qualitative criteria, the PROPOSERs
may receive additional quantitative criteria points to be added by the Department of Procurement
Management to those points earned in Step 1, as follows.
Step 2 -Quantitative Criteria
Miami Beach-Based Vendor Preference
Veterans Preference
5
5
TOT AL AVAILABLE STEP 2 POINTS 30
5. Determination of Final Ranking. At the conclusion of the Evaluation Committee Step 1 scoring, Step 2
Points will be added to each evaluation committee member's scores by the Department of Procurement
Management. Step 1 and 2 scores will be converted to rankings in accordance with the example below:
PROPOSER PROPOSER PROPOSER
A B c
Step 1
Points 82 76 80
Step 2
Points* 22 15 12
Committee Total 104 91 92
·:·: . MernberJ ... RanK :1"· ... 1 1·, 3. "' ..... 2 ...
Step 1
Points 79 85 72
Step 2
· Committee Points* 22 15 12
.Member2 Total 101 100 84
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* Step 2 Points calculated by DPM.
** Final Ranking is presented to the City Manager for further due diligence and
recommendation to the City Commission. Final Ranking does not constitute
an award recommendation until such time as the City Manager has made his
recommendation to the City Commission, which may be different than final
ranking results.
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SECTION 0500 TECHNICAL REQUIREMENTS AND SPECIFICATIONS
1. MINIMUM QUALIFICATIONS REQUIREMENTS. In order to be considered, PROPOSERS shall meet or
exceed the following minimum qualification requirements. PROPOSERS who fail to meet the minimum
qualification requirements will be deemed non-responsive.
A. PROPOSER shall document at least five (5) years providing services similar to those noted
herein to at least one ( 1) public sector agency.
2. SCOPE OF SERVICES REQUIREMENTS. In order to be considered, PROPOSERs shall provide Confer
with the City on all organizational planning and program activity which has a bearing on the ability of the City to make the best
use of State programs.
A. Maintain liaison with the City's legislative delegation and assist in any matter which the City determines to be in its best
interest.
B. Counsel the City regarding appearances by City personnel before State of Florida and State administrative agencies and
will assist the City and its personnel in negotiations with administrative agencies concerning City projects requiring State
assistance and cooperation.
C. Assist the City in review of executive proposals, legislation under consideration, proposed and adopted administrative
rules and regulations and other developments for the purpose of advising the City of those items mutually agreed upon
that may have a significant bearing on the City's policies or programs.
D. Communicate and coordinate with other lobbyists representing interests which are consistent with those of the City in
obtaining the goals and objectives of the City.
E. Assist in contacting State agencies on the City's behalf when City funding applications are under consideration by such
agencies.
F. Provide monthly reports on the first day of each month detailing activities and legislative services provided on behalf of
and for the benefit of ti1e City in the previous month.
G. Provide interim reports on an as needed basis addressing matters of City involvement, concerns, interest and particular
projects identified for pursuance on behalf of the City.
2. TERM OF CONTRACT. The term of the contract shall be for five (5) years with an option to renew for an
additional five (5), one (1) year periods based on mutual agreement.
4. PRICES. All prices shall be negotiated with the selected PROPOSER(s).
5. EXAMINATION OF CITY FACILITY AND INSPECTION OF CITY EQUIPMENT. Intentionally omitted.
6. EQUAL PRODUCT. Intentionally omitted.
7. LIQUIDATED DAMAGES. Intentionally omitted.
8. INDEMNIFICATION AND INSURANCE. The Provider shall furnish to the Department of Procurement
Management, 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 Uability Insurance on a comprehensive basis, including Personal 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 Beach must be shown
as an additional insured with respect to this coverage.
C. Automobile Liability Insurance covering all owned, non-owned and hired vehicles used in
connection with the work, in an amount not less than $1,000,000 combined single limit per
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occurrence for bodily injury and property damage.
All insurance policies required above shall be issued by companies authorized to do business under the laws of the
State of Florida, with the following qualifications:
or
The company must be rated no less than "B'' as to management, and no less than "Class V" as to
financial strength, by the latest edition of Best's Insurance Guide, published by A.M. Best Company,
Oldwick, New Jersey, or its equivalent, subject to the approval of the City Risk Management
Division.
The company must hold a valid Florida Certificate of Authority as shown in the latest "List of All Insurance
Companies Authorized or Approved to Do Business in Florida" issued by the State of Florida Department of
Insurance and are members of the Florida Guaranty Fund.
Certificates will indicate no modification or change in insurance shall be made without thirty (30) days in advance
notice to the certificate holder.
CERTIFICATE HOLDER MUST READ:
CITY OF MIAMI BEACH
1700 CONVENTION CENTER DRIVE
3RD FLOOR
MIAMI BEACH, FL 33139
Compliance with the foregoing requirements shall not relieve the vendor of his liability and obligation under this
section or under any other section of this agreement.
9. BID GUARANTY. Intentionally omitted.
10. PERFORMANCE BOND. Intentionally omitted.
11. CERTIFICATIONS. Intentionally omitted.
12. SHIPPING TERMS. Intentionally omitted.
13. DELIVERY REQUIREMENTS. Intentionally omitted.
14. BACK ORDER ALLOWANCES. Intentionally omitted.
15. WARRANTY/GUARANTEE REQUIREMENTS. Intentionally omitted.
16. BALANCE OF LINE OPTIONS. Intentionally omitted.
17. OTHER CONDITIONS. Intentionally omitted.
18. PRODUCT SPECIFICATIONS. Intentionally omitted.
19. PERFORMANCE SPECIFICATIONS. All performance requirements shall be negotiated with the
selected PROPOSER(s)
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SECTION 0600 GENERAL TERMS AND CONDITION
GENERAL TERMS AND CONDITIONS. It is the responsibility of the
PROPOSER to become thoroughly familiar with the Bid requirements, terms
and conditions 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.
MODIFICATION/WITHDRAWALS OF PROPOSALS. A PROPOSER may
submit a modified bid to replace all or any portion of a previously submitted bid
up until the bid due date and time. Modifications received after the bid due date
and time will NOT be considered.
Bids shall be irrevocable until contract award unless withdrawn in writing prior to
the bid due date or after expiration of 120 calendar days from the opening of
bids without a contract award. Letters of withdrawal received after the bid due
date and before said expiration date and letters of withdrawal received after
contract award will NOT be considered.
10
PRICES QUOTED. Prices quoted shall remain firm and fixed during the
duration of the contract. In completing the bid form, state both unit price and
extended total, when requested. Prices must be stated in units of quantity
specified in the bidding specifications. In case of discrepancy in computing the
amount of the bid, the UNIT PRICE quoted will govern. All prices must be
F.O.B. destination, freight prepaid (unless otherwise stated in Special
Conditions). The PROPOSER may offer cash discounts for prompt payments;
however, such discounts will not be considered in determining the lowest price
during bid evaluation. PROPOSERs are requested to provide prompt payment
terms in the space provided on the Bid submittal signature page of the
solicitation. Award, if made, will be in accordance with terms and conditions
stated herein. Each item must be bid separately, and no attempt is to be made 11
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 bid(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, bid prices, and extensions, and all instructions pertaining to supplies 12
and services. Failure to do so will be at the PROPOSER's risk and may result
in the bid being non-responsive.
CONDITION AND PACKAGING. PROPOSER guarantees items offered and
delivered to be the current standard production model at lime of bid and shall
offer expiralion dating of at least one year or later. PROPOSER also 13
guarantees items offered and delivered to be new, unused, and free from any
and all defects in material, packaging and workmanship and agrees to replace
defective items promptly at no charge 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 otherwise stipulated in the Bid, 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 informalities or irregularities in this Bid; or to
reject all bids, or any part of any bid, 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 Bid specifications, he must so indicate
14
in his bid. Specific article(s) of equipment/supplies shall conform in quality, 15
design and construction with all published claims of the manufacturer.
The PROPOSER shall indicate in the Bid Form the manufacturer's name
and number if bidding other than the specified brands, and shall indicate
ANY deviation from the specifications as listed in the Bid. 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
CONSIDERED WITHOUT THIS INFORMATION.
Note as to Brand Names: Catalog numbers, manufacturers' and brand
names, when listed, are informational guides as to a standard of acceptable
product quality level only and should not be construed as an endorsement
or a product limitation of recognized and legitimate manufacturers
PROPOSERs shall formally substantiate and verify that product(s) offered
conform with or exceed quality as listed in the specifications.
EMERGENCY RESPONSE PRIORITY. It is hereby made a part of this
solicitation that before, during, and after a public emergency, disaster,
hurricane, tornado, fiood, or other acts of force majeure that the City of
Miami Beach, Florida shall receive a 'First Priority" for any goods and
services covered under any award resulting from this solicitation, including
balance of line items as applicable. It is vital and imperative that the
majority of citizens are protected from any emergency situation that
threatens public health and safety, as determined by the City. By virtue of
submitting a response lo this solicitation, vendor agrees to provide all
award-related goods and services to the City on a "first priority" under the
emergency conditions noted above.
NON-CONFORMANCE TO CONTRACT CONDITIONS. Items may be
tested for compliance with specifications. Items delivered, not conforming
to specifications, may be rejected and returned at the PROPOSER's
expense. These items, as well as items not delivered as per delivery date
in bid 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 stipulations may also result
in the PROPOSER's name being removed from the City's vendor list.
PRODUCT INFORMATION. Product literature, specifications, and
technical information, including Manufacturer's Safety Data Sheets (MSDS)
should be provided with this bid as an attachment to the "PROPOSAL
FORM'. However, in all cases must be provided within five (5) calendar
days upon request from Purchasing Agent.
SAMPLES. Bids submitted as an "equal' product must be 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 bid 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 bid. Unless otherwise indicated,
samples should be delivered to the Procurement Division, 1700 Convention
Center Drive, Miami Beach, FL 33139.
DELIVERY. Unless actual date of delivery is specified (or if specified
delivery cannot be met), show number of days (in calendar days) required
to make delivery after receipt of purchase order, in space provided.
Delivery time may become a basis for making an award. Delivery shall be
within the normal working hours of the City using Department, Monday
through Friday, excluding holidays. Receiving hours are Monday through
Friday, excluding holidays, from 8:30 AM. to 4:00 P.M.
INSPECTION, ACCEPTANCE & TITLE. Inspection and acceptance will be
BEACH
63
-15 -I RFQ 2014-128-MF
at destination. unless otherwise provided. Title to (or risk of loss or damage to)
all items shall be the responsibility of the successful PROPOSER until
acceptance by the City, unless loss or damage results from the gross
negligence or willful misconduct of the City
26
If any equipment or supplies supplied to the City are found to be defective, or do
not conform to the specifications, the City reserves the right to cancel the order
upon written notice to the seller, and return the product, at the PROPOSER's
expense.
16 PAYMENT. Payment will be made by the City after the items have been
received, inspected, and found to comply with Bid specifications, free of
damage or defect, and properly invoiced
17 DISPUTES. In case of any doubt or difference of opinion as to the items and/or 27
services (as the case may be) to be furnished hereunder, the decision of the
City shall be final and binding on all parties.
18 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 28
ignorance by the PROPOSER with/of Applicable Laws will in no way be a cause
for relief from responsibility.
19 PATENTS & ROYALTIES. The PROPOSER shall indemnify and save harmless
the City of Miami Beach, Florida, and its officers, employees, contractors,
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, 29
process, or article manufactured or used in the performance of the contract,
including its use by the City of Miami Beach, Florida. If the PROPOSER uses
any design, device or materials covered by letters, patent. or copyright, it is
mutually understood and agreed, without exception, that the bid prices shall
include all royalties or cost arising from the use of such design, device, or
materials in any way involved in the work.
20 OSHA. The PROPOSER warrants to the City that any work, services, supplies,
materials or equipment supplied pursuant to this Bid 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 condition will be deemed 30
breach of contract. Any fines levied because of inadequacies to comply with this
condition shall be borne solely by the PROPOSER.
21 MANNER OF PERFORMANCE. PROPOSER agrees to perform its duties and 31
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 32
the City any and all documentation, certification, authorization, license, permit,
or registration currently 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 33
laws or regulations in full force and effect during the term of this contract.
Failure of PROPOSER to comply with this paragraph shall constitute a material
breach of this contract.
22 SPECIAL CONDITIONS. Any and all Special Conditions that may vary from
these General Terms and Conditions shall have precedence.
23 ANTI-DISCRIMINATION. The PROPOSER certifies that he/she is in
compliance with the non-discrimination clause contained in Section 202,
Executive Order 11246, as amended by Executive Order 11375. relative to
equal employment opportunity for all persons without regard to race. color,
religion, sex or national origin.
25 AMERICAN WITH DISABILITIES ACT. To request this material in accessible
format, sign language interpreters, information on access for persons with
disabilities, and/or any accommodation to review any document or participate in
any city-sponsored proceeding, please contact 305-604-2489 (voice), 305-
673-7524 (fax) or 305-673-7218 (TTY) five days in advance to initiate your
request. TTY users may also call 711 (Florida Relay Service).
LIABILITY, INSURANCE, LICENSES AND PERMITS. Where
PROPOSERs are required to enter or go on to City of Miami Beach
property to deliver materials or perform work or services as a result of the
Bid, the PROPOSER will assume the full duty, obligation and expense of
obtaining all necessary licenses, permits, and insurance, and assure all
work complies with all Applicable Laws. The PROPOSER shall be liable for
any damages or loss to the City occasioned by negligence of the
PROPOSER, or his/her officers, employees, contractors, and/or agents, for
failure to comply with Applicable Laws.
PROPOSAL BONDS, PERFORMANCE BONDS, CERTIFICATES OF
INSURANCE. Bid Bonds, when required, shall be submitted with the bid in
the amount specified in the Special Conditions. After acceptance of the
bid, the City will notify the successful PROPOSER to submit a performance
bond and certificate of insurance in the amount specified in the Special
Conditions.
DEFAULT. Failure or refusal of a PROPOSER to execute a contract upon
award, or withdrawal of a bid before such award is made, may result in
forfeiture of that portion of any bid 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 removing the
PROPOSER from the City's PROPOSERs list.
CANCELLATION. In the event any of the provisions of this Bid are violated
by the PROPOSER, the City shall give written notice to the PROPOSER
stating such deficiencies and, unless such deficiencies are corrected within
ten (10) calendar days from the date of the City's notice, the City, through
its City Manager, may declare the contract in default and terminate same,
without further notice required to the PROPOSER. Notwithstanding the
preceding, the City, through its City Manager, also reserves the right to
terminate the contract at any lime 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.
BILLING INSTRUCTIONS. Invoices, unless otherwise indicated, must
show purchase order numbers and shall be submitted to the ordering City
department.
SUBSTITUTIONS. After award of contract, the City WILL NOT accept
substitute shipments of any kind, without previous written approval. The
PROPOSER is expected to furnish the brand quoted in its bid. Any
substitute shipments will be returned at the PROPOSER's expense.
FACILITIES. The City, through its City Manager or his/her authorized
designee, reserves the right to inspect the PROPOSER's facilities at any
time, upon reasonable prior written or verbal notice.
CLARIFICATION AND ADDENDA TO PROPOSAL SPECIFICATIONS: If
a PROPOSER is in doubt as to the true meaning of the Bid specifications,
or other Bid documents, or any part thereof, the PROPOSER must submit
to the City, at least ten (10) calendar days prior to the scheduled Bid
opening date, a request for clarification. NO QUESTIONS WILL BE
RECEIVED VERBALLY OR AFTER SAID DEADLINE.
Any interpretation of the Bid, including. without limitation, responses to
questions and request for clarification(s) from PROPOSERS, will be made
only by Addendum duly issued by the City. In the event of conflict with the
original specifications, the Addendum shall supersede 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 section 5.0, Acknowledgements/Affidavits. Failure
to acknowledge Addendum may deem a bid non-responsive.
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-16 -I RFQ 2014-128-MF
The City will not be responsible for explanations, interpretations, or answers to 40
questions made verbally or in writing by any City representative, unless issued
by the City via formal written Addendum to this Bid.
Any questions or clarifications concerning the Bid shall be submitted in writing
to the Department of Procurement Management (DPM) 1700 Convention
Center Drive, Miami Beach, FL 33139 with a copy to the City Clerk
34 DEMONSTRATION OF COMPETENCY.
A. Pre-award inspection of the PROPOSER's facility may be made prior to the 41
award of contract
B. Bids will only be considered from firms which are regularly engaged in the
business of providing the goods and/or services as described in this Bid.
C. PROPOSERs must be able to demonstrate a good record of performance for
a reasonable period of time, and have sufficient financial capacity, equipment,
and organization to ensure that they can satisfactorily perform the services if
awarded a contract under the terms and conditions of this Bid.
D. The terms "equipment and organization', 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.
E. 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 42
City.
F. The City may require PROPOSERs 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
conflicts between information provided by the source of supply and the
information contained in the PROPOSER's bid may render the bid non-43
responsive.
G. 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 44
bid. 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 !he successful
PROPOSER no longer possesses the financial support, equipment, and 45
organization which would have been necessary during the bid evaluation period
in order to comply with the demonstration of competency required under this
subsection.
35 ASSIGNMENT. The successful PROPOSER shall not assign, transfer, convey,
sublet or otherwise dispose of the contract, including any or all of its right. title
or interest therein, or his/her or its power lo execute such contract, to any
person, company or corporation, without the prior written consent of the City.
36
37
38
39
LAWS, PERMITS AND REGULATIONS. The PROPOSER shall obtain and pay
for all licenses, permits, and inspection fees required under the contract; and
shall comply with all Applicable Laws. 46
OPTIONAL CONTRACT USAGE. When the successful PROPOSER(s) is in
agreement, other units of government or non-profit agencies may participate in
purchases pursuant to the award of this contract a! the option of the unit of 47
government or non-profit agency.
SPOT MARKET PURCHASES. It is the intent of the City to purchase the items
specifically listed in this Bid from the successful PROPOSER However. the
City reserves the right to purchase the items from state or other governmental
contract. or on an as-needed basis through the City's spot market purchase
provisions.
ELIMINATION FROM CONSIDERATION. This bid shall not be awarded to any
person or firm who is in arrears to the City upon any debt, taxes, or contracts
which are defaulted as surety or otherwise upon any obligation to the City.
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 lo place any order for a given amount subsequent to
the award of this Bid. 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.
COLLUSION. Where two (2) or more related parties each submit a bid or
bids for any contract. such bids or bids 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 bid or bids. "Related parties··
means PROPOSERS or the principals thereof which have a direct or
indirect ownership interest in 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 contract. Bid or bids found to be collusive shall be rejected.
PROPOSERS who have been found to have engaged in collusion may also
be suspended or debarred, and any contract resulting from collusive
bidding may be terminated for cause.
DISPUTES. In the event of a conflict between the Bid documents, the order
of priority of the documents shall be as follows:
A. Any contract or agreement resulting from the award of this Bid; then
B. Addendum issued for this Bid, with the latest Addendum taking
precedence; then
C. The Bid; then
D. The PROPOSER's bid in response to the Bid.
REASONABLE ACCOMMODATION. In accordance with Title II of the
Americans with Disabilities Act, any person requiring an accommodation at
the Bid opening because of a disability must contact the Procurement
Division.
GRATUITIES. PROPOSERs shall not offer any gratuities, favors, or
anything of monetary value to any official, employee, contractor. or agent of
the City, for the purpose of influencing consideration of this Bid.
TIE PROPOSALS. In accordance with Florida Statues Section 287 087,
regarding identical tie bids, preference will be given lo PROPOSERs
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 PROPOSERs after consideration of the drug free workplace
program, the City's Local Preference and Veteran Preference 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.
DELIVERY TIME. PROPOSERs shall specify in the attached Bid Form, the
guaranteed delivery time (in calendar days) for each item. It must be a firm
delivery lime; no ranges (For example, 12-14 days) will be accepted.
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 Bid and/or the contract entered
into with the City pursuant thereto, the City shall 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
In that event, the City shall compensate the successful PROPOSER in
accordance with the term of the contract for all work and/or services
satisfactorily performed by the PROPOSER prior to termination, net of any
costs incurred by the City as a consequence of the default.
Notwithstanding the above, the successful PROPOSER shall not be
1\1\l/\i\'\I BEACH
65
-17-I RFQ 2014-128-MF
relieved of liability to the City for damages sustained by the City by virtue of any
breach of the contract 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.
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 subsection 1.57
48 TERMINATION FOR CONVENIENCE OF CITY. The City may, for ils
convenience, 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 effective 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
contract is terminated by the City as provided in this subsection, the City shall
compensate the successful PROPOSER in accordance with the terms of the
contract for all and without cause and/or any resulting liability to the City, work
and/or services actually performed by the successful PROPOSER, and shall
also compensate the PROPOSER for its reasonable direct costs in assembling
and delivering to City all documents. No compensation shall be due to the
successful PROPOSER for any profits that the successful PROPOSER
expected to earn on the balanced of the contract. Such payments shall be the
total extent of the City's liability to the successful PROPOSER upon a
termination as provided for in this subsection.
49 INDEMNIFICATION. The successful PROPOSER shall indemnify and hold
harmless the City and its officers, employees, agents and instrumentalities from
any and all liability, losses or damages, including attorney's fees and costs of
defense, which the City or its officers, employees, agents or instrumentalities
may incur as a result of claims, demands, suits, causes of actions or
proceedings of any kind or nature arising out of, relating to or resulting from the
performance of the agreement by the successful PROPOSER or its employees,
agents, servants, partners, principals or subcontractors. The successful
PROPOSER shall pay all claims and losses in connection therewith, and shall
investigate and defend all claims. suits or actions of any kind or nature m the
name of the City, where applicable, including appellate proceedings, and shall
pay all costs, judgments, and attorney's fees which may be incurred thereon.
The successful PROPOSER expressly understands and agrees that any
insurance protection required by this Agreement or otherwise provided by the
successful PROPOSER shall in no way limit the responsibility to indemnify,
keep and save harmless and defend the City or its officers, employees, agents
and instrumentalities as herein provided. The above indemnification provisions
shall survive the expiration or termination of this Agreement.
50 EXCEPTIONS TO PROPOSAL. PROPOSERs are strongly encouraged to
thoroughly review the specifications and all conditions set forth in this Bid
PROPOSERs who fail to satisfy the requirements in this Bid, may be deemed
non-responsive and receive no further consideration. Should your proposed bid
not be able to meet one (1) or more of the requirements set forth in this Bid and
you are proposing alternatives and/or exceptions to said requirements, you
must notify the Procurement Office, in writing, at least five (5) days prior to the
deadline for submission of bids. The City reserves the right to revise the scope
of services via Addendum prior to the deadline for receipt of bids.
51 FLORIDA PUBLIC RECORDS LAW. PROPOSERS are hereby notified that all
Bid including, without limitation, any and all information and documentation
submitted therewith, are exempt from public records requirements under
Section 119.07(1), Florida Statutes, ands. 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 bids, whichever is earlier. Additionally, Contractor
agrees to be in full compliance with Florida Statute 119.0701 including, but 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 conditions that the public agency would provide the records and at a cost
that does not exceed the cost provided in this chapter or as otherwise provided
52
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
records and transfer, at no cost, 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 exempt 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
compatible with the information technology systems of the public agency.
CONTRACT EXTENSION. The City reserves the right to require the
Contractor to extend contract past the stated termination date for a period
of up to 120 days 1n the event that a subsequent contract has not yet been
awarded. Additional extensions past the 120 days may occur as needed by
the City and as mutually agreed upon by the City and the contractor.
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66
18 I RFQ2014-128-MF
APPENDIX A
~ MIAMIBEAC
PROPOSAL Certification,
Questionnaire &
Requirements Affidavit
RFQ 2014-128-MF
Governmental Consulting Services
-.. '''A·' "'BEACH ~ r\:':i'j\:\I ..._.,. I'·' '•'
67
PROCUREMENT DIVISION
1700 Convention Center Drive
Miami Beach, Florida 331 39
19 I RFQ 2014-128-MF
Solicitat1on No: Solicitation Tltle:
RFQ 2014-128-MF Governmental Consulting Services
Procurement Contact: Tel: I Email:
Marta Fernandez-Rubio 305-673-7 490, x6263 MartaFernandezRubio@MiamiBeachFL.qov
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 with requirements may be evaluated. This PROPOSAL Certification, Questionnaire and
Requirements Affidavit Form is a REQUIRED FORM that must be submitted fully completed and executed.
1. General PROPOSER Information.
FIRM NAME
No of Years in Business: I No of Years in Business Locally:
OTHER NAME(S) PROPOSER HAS OPERATED UNDER IN THE LAST 10 YEARS:
FIRM PRIMARY ADDRESS (HEADQUARTERS):
CITY:
STATE:
TELEPHONE NO.:
TOLL FREE NO.:
FAX NO.:
FIRM LOCAL ADDRESS:
CITY:
STATE:
PRIMARY ACCOUNT REPRESENTATIVE FOR THIS ENGAGEMENT:
ACCOUNT REP TELEPHONE NO.:
ACCOUNT REP TOLL FREE NO.:
ACCOUNT REP EMAIL
FEDERAL TAX IDENTIFICATION NO.:
.. The City reserves the right to seek add1t1onal information from PROPOSER or other source(s), mcludmg but not limited to: any firm or
principal information, applicable licensure, resumes of relevant individuals, client information, financial information, or any information the
City deems necessary to evaluate the capacity of the PROPOSER to perform in accordance with contract requirements.
~ fc/d/\1\~I BEACH
68
20 I RFQ 2014-128-MF
1.
2.
Miami Beach Based (Loctl) Veldor. Is PROPOSER claiming Miami Beach based firm status?
YES C=:J NO
SUBMITTAL REQUIREMENT: PROPOSERs claiming Miami Beach vendor status shall submit a Business Tax Receipt issued by
the City of Miami Beach and the proof of residency requirement, as required pursuant to ordinance 2011-3747, to demonstrate that
the PROPOSER is a Miami Beach Based Vendor.
Veteran Owned Business. Is PROPOSER claiTng a teran owned business status? CJ YES NO
SUBMITTAL REQUIREMENT: PROPOSERS claiming veteran owned business status shall submit a documentation proving that
firm is certified as a veteran-owned business or a service-disabled veteran owned business by the State of Florida or United States
federal government, as required pursuant ta ordinance 2011-3748.
3. Financial Capacity. A Dun & Bradstreet Supplier Qualifier Report {SOR) is required for each PROPOSER. PROPOSER shall
request Dun & Bradstreet to send the Supplier Qualifier Report (SQR) directly to the City through electronic means. The cost of the
preparation of the Dun & Bradstreet report shall be the responsibility of the prospective Provider. In addition to the D&B
information, the City may require PROPOSERs shall submit financial statements for each of their last two complete fiscal years
within ten (10) calendar days, upon written request. Such statements should include, as a minimum, balance sheets (statements of
financial position) and statements of profit and loss (statement of net income). When the submittal is from a co-venture, each
PROPOSERs involved in the ca-venture must submit the required financial capacity documents.
SUBMITTAL REQUIREMENT: A Dun & Bradstreet Supplier Qualifier Report (SOR) is required lo be received by the City directly
from Dun & Bradstreet through electronic means. The prospective Provider shall request the report from D&B at
https:/lsuppl ierporta l.d n b. co m/webapp/wcs/stores/servlet/Su pp lierPortal ?sto reld=11696 .
4. Litigation History. PROPOSER shall report any litigation or regulatory action that has been filed against firm(s} in the last five
years. If an action has been filed, state and describe the litigation or regulatory action filed, and identify the court or agency before
which the action was instituted, the applicable case or file number, and the status or disposition for such reported action. If no
litigation or regulatory action has been filed against your firm(s), provide a statement to that effect. If "No" litigation or regulatory
action has been filed against your firm(s), please provide a statement to that effect. Truthful and complete answers to this
question may not necessarily disqualify a firm from consideration but will be a factor in the selection process. Untruthful,
misleading or false answers to this question may result in the disqualification of the firm for this project.
SU BM ITT AL REQUIREMENT: PROPOSER shall submit history of litigation or regulatory action filed against PROPOSER, or any
PROPOSER team member firm, in the past five (5) years. If PROPOSER has no litigation history or regulatory action in the past 5
years, submit a statement accordingly.
5. References & Past Performance. PROPOSER shall submit at least three (3} references for whom the PROPOSER has
completed work similar in size and nature as the work referenced in solicitation.
SUBMITTAL REQUIREMENT: For each reference submitted, the following information is required: 1) Firm Name, 2) Contact
Individual Name & Title, 3) Address, 4) Telephone, 5) Contact's Email and 6) Narrative on Scope of Services Provided.
6. Suspension, Debarment or Contract Cancellation. Has PROPOSER ever been debarred, suspended or other legal violation, or
had a contract cancelled due to non-performance~ public sector agency?
~YES L_J NO
SUBMJTT AL REQUIREMENT: If answer to above is "YES," PROPOSER shall submit a statement detailing the reasons that led to
action(s).
7. 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 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.
SUBMITTAL REQUIREMENT: Submit the names of all individuals or entities (including your sub-consultants) with a controlling
financial interest as defined in solicitation. For each individual or entity with a controlling financial interest indicate whether or not
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21 I RFQ 2014-128-MF
each individual or entity has contributed to the campaign either directly or indirectly, of a candidate who has been elected to the
office of Mayor or City Commissioner for the City of Miami Beach.
8. Code of Business Ethics. Pursuant to City Resolution No.2000-23879, each person or entity that seeks to do business with the
City shall adopt a Code of Business Ethics ("Code") and submit that Code to the Procurement Division with its bid/response or
within five (5) days upon receipt of request. The Code shall, at a minimum, require the PROPOSER, to comply with all applicable
governmental rules and regulations including, among others, the conflict of interest, lobbying and ethics provision of the City of
Miami Beach and Miami Dade County.
SUBMITTAL REQUIREMENT: PROPOSER shall submit firm's Code of Business Ethics. In lieu of submitting Code of Business
Ethics, PROPOSER may submit a statement indicating that it will adopt as required in the ordinance, the City of Miami Beach
Code of Ethics, available at www.miamibeachH.gov/procurement/.
9. Living Wage. Pursuant to Section 2-408 of the Miami Beach City Code, as same may be amended from time to time,
PROPOSERS shall be required to pay all employees who provide services pursuant to this Agreement, the hourly living wage rates
listed below:
• Commencing with City fiscal year 2012-13 (October 1, 2012), the hourly living rate will be $11.28/hr with health
benefits, and $12.92/hr without benefits.
The living wage rate and health care benefits rate may, by Resolution of the City Commission be indexed annually for inflation
using the Consumer Price Index for all Urban Consumers (CPl-U) Miami/Ft. Lauderdale, issued by the U.S. Department of Labor's
Bureau of Labor Statistics. Notwithstanding the preceding, no annual index shall exceed three percent (3%). The City may also, by
resolution, elect not to index the living wage rate in any particular year, if it determines it would not be fiscally sound to implement
same (in a particular year).
PROPOSERs' failure to comply with this provision shall be deemed a material breach under this bid, under which the City may, at
its sole option, immediately deem said PROPOSER as non-responsive, and may further subject PROPOSER to additional
penalties and fines, as provided in the City's Living Wage Ordinance, as amended. Further information on the Living Wage
requirement is available at www.miamibeachfi.gov/procurementl.
SUBMITTAL REQUIREMENT: No additional submittal is required. By virtue of executing this affidavit document, PROPOSER
agrees to the living wage requirement.
10. 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.
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 NO
B 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 a spouse or
domestic partner, such as bereavement leave; other benefits are provided directly to the spouse or domestic
partner, such as medical insurance.
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22 I RFQ 2014-128-MF
BENEFIT Firm Provides for Firm Provides for Firm does not
Employees with Employees with Provide Benefit
Spouses Domestic Partners
Health
Sick Leave
Family Medical Leave
Bereavement Leave
If PROPOSER cannot offer a benefit to domestic partners because of reasons outside your control, {e.g., 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 necessary documentation. Your Reasonable Measures Application will be reviewed for consideration by the City
Manager, or his designee. Approval is not guaranteed and the City Manager's decision is final. Further information on the Equal
Benefits requirement is available at www.miamibeachfi.gov/procurement/.
11. Public Entity Crimes. Section 287. 133(2)(a), Florida Statutes, as currently enacted or as amended from time to lime, states that a
person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit
a bid, PROPOSAL, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, PROPOSAL, or
reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids,
PROPOSALs, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier,
subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess
of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months following the date of being placed
on the convicted vendor list.
SUBMITTAL REQUIREMENT: No additional submittal is required. By virtue of executing this affidavit document, PROPOSER
agrees with the requirements of Section 287.133, Florida Statutes, and certifies it has not been placed on convicted vendor list.
12. Acknowledgement of Addendum. After issuance of solicitation, the City may release one or more addendum to the solicitation
which may provide additional information to PROPOSERs or alter solicitation requirements. The City will strive to reach every
PROPOSER having received solicitation through the City's e-procurement system, PublicPurchase.com. However, PROPOSERs
are solely responsible for assuring they have received any and all addendum issued pursuant to solicitation. This
Acknowledgement of Addendum section certifies that the PROPOSER has received all addendum released by the City pursuant to
this solicitation. Failure to obtain and acknowledge receipt of all addendum may result in PROPOSAL disqualification.
Initial to Confirm Initial to Confirm Initial to Confirm
Receipt Receipt Receipt
Addendum 1 Addendum 6 Addendum 11
Addendum 2 Addendum 7 Addendum 12
Addendum 3 Addendum 8 Addendum 13
Addendum 4 Addendum 9 Addendum 14
Addendum 5 Addendum 10 Addendum 15
If additional confirmation of addendum is required, submit under separate cover.
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23 I RFQ 2014-128-MF
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 solicitation, 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 solicitation, 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 PROPOSALs, may accept or reject PROPOSALS,
and may accept PROPOSALs which deviate from the solicitation, as it deems appropriate and in its best interest. In its sole discretion, the
City may determine the qualifications and acceptability of any party or parties submitting PROPOSALs in response to this solicitation.
Following submission of a Bid or PROPOSAL, the applicant agrees to deliver such further details, information and assurances, including
financial and disclosure data, relating to the PROPOSAL and the applicant including, without limitation, the applicant's affiliates, officers,
directors, shareholders, partners and employees, as requested by the City in its discretion.
The information contained herein is provided solely for the convenience of prospective PROPOSERs. It 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.
Any reliance on these contents, or on any permitted communications with City officials, shall be at the recipient's own risk. 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 its agents that any PROPOSAL conforming to these requirements will be selected for consideration, negotiation, or approval.
The City shall have no obligation or liability with respect to this solicitation, the selection and the award process, or whether any award will be
made. Any recipient of this solicitation who responds hereto fully acknowledges all the provisions of this Disclosure and Disclaimer, is totally
relying on this Disclosure and Disclaimer, and agrees to be bound by the terms hereof. Any PROPOSALs submitted to the City pursuant to
this solicitation are submitted at the sole risk and responsibility of the party submitting such PROPOSAL.
This solicitation is made subject to correction of errors, omissions, or withdrawal from the market without notice. Information is for guidance
only, and does not constitute all or any part of an agreement.
The City and all PROPOSERs will be bound only as, if and when a PROPOSAL (or PROPOSALS), as same may be modified, and the
applicable definitive agreements pertaining thereto, are approved and executed by the parties, and then only pursuant to the terms of the
definitive agreements executed among the parties. Any response to this solicitation may be accepted or rejected by the City for any reason,
or for no reason, without any resultant liability to the City.
The City is governed by the Government-in-the-Sunshine Law, and all PROPOSALs and supporting documents shall be subject to disclosure
as required by such law. All PROPOSALS shall be submitted in sealed bid form and shall remain confidential to the extent permitted by
Florida Statutes, until the date and time selected for opening the responses. At that time, all documents received by the City shall become
public records.
PROPOSERs are expected to make all disclosures and declarations as requested in this solicitation. By submission of a PROPOSAL, the
PROPOSER acknowledges and agrees that the City has the right to make any inquiry or investigation it deems appropriate to substantiate or
supplement information contained in the PROPOSAL, and authorizes the release to the City of any and all information sought in such inquiry
or investigation. 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 solicitation, 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 solicitation, 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 solicitation, it is understood that
the provisions of this Disclosure and Disclaimer shall always govern. The solicitation and any disputes arising from the solicitation shall be
governed by and construed in accordance with the laws of the State of Florida.
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24 I RFQ 2014-128-MF . . ..
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 solicitation, 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 solicitation, 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 PROPOSER's Autholized Representative: Title of PROPOSER'S Authorized Representative:
Signature of PROPOSER's Authorized Representative: Date
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:
Notary Public for the State of Florida
My Commission Expires: -----~~-
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25 I RFQ 2014-128-MF
NO PROPOSAL SUBMITTAL
WE HAVE ELECTED NOT TO SUBMIT A PROPOSAL AT THIS TIME FOR REASON(S) CHECKED
AND/OR INDICATED BELOW:
Workload does not allow us to bid
_Insufficient time to respond
_ Specifications unclear or too restrictive
_ Unable to meet specifications
_Unable to meet service requirements
_Unable to meet insurance requirements
_Do not offer this product/service
_OTHER. (Please specify)
We do _do not_ want to be retained on your mailing list for future bids of this type
product and/or service.
Signature:
Title:
Legal Company Name:---------------------~
Note: Failure to respond, either by submitting a bid or this completed form, may result in
your company being removed from our vendors list.
PLEASE RETURN TO:
CITY OF MIAMI BEACH
DEPT. OF PROCUREMENT MANAGEMENT
PROPOSAL #2014-128-MF
1700 Convention Center Drive
MIAMI BEACH, FL 33139
BEACH
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