2000-24061 RESO
RESOLUTION NO. 2000-24061
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AUTHORIZING THE ADMINISTRATION TO
PROCEED WITH THE ISSUANCE OF A REQUEST FOR PROPOSALS (RFP)
SEEKING A PROFESSIONAL SERVICES AGREEMENT TO DEVELOP,
VALIDATE, ADMINISTER, SCORE, REPORT AND REVIEW TESTING
PROGRAMS TO DETERMINE QUALIFIED APPLICANTS FOR BOTH THE
POLICE AND FIRE DEPARTMENTS ENTRY LEVEL AND CLASSIFIED
PROMOTIONAL CLASSIFICATIONS FOR THE CITY OF MIAMI BEACH.
WHEREAS, the City needs to develop, validate, and administer new customized selection
procedures for entry level police officer and firefighter applicants and promotional classified applicants;
and
WHEREAS, the City must continue to comply with the International Association of
Firefighters (IAFF) and Fraternal Order of Police (FOP) contracts which specify not only time
frames, but testing specifications; and
WHEREAS, the City must also comply with personnel rules, along with the Florida Statues,
and local, State and Federal laws in the development ofthe testing processes; and
WHEREAS, it is necessary to perform new job analysis and validate tests approximately every
five (5) years; and
WHEREAS, the City's RFP process will a\1ow providers to submit new recommendations to
the City which will be evaluated for cost effectiveness; experience of the proposer in police and fire
testing; ability to justify and describe which tests would be used for each classification; job analysis
and validation experience; recognition of and adherence to laws, guidelines and professional
standards; problem anticipation and resolution; responsiveness to applicant cha\1enges; project
security; litigation history and experience; qualifications and experience of personnel; and project
completion schedule
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission of the City of Miami Beach, Florida, herein authorize the Adminis t rat ion to
proceed with the issuance of a Request for Proposals (RFP) seeking a professional services
agreement to develop, validate, administer, score, report and review testing programs to determine
qualified applicants for both the police and fire departments' entry level and classified promotional
classifications for the City of Miami Beach.
PASSED AND ADOPTED this ~ day of September ,2000.
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CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
http:\\ci.miami-beach.fl.us
COMMISSION MEMORANDUM NO.
Ct,f.ol-00
TO:
Mayor Neisen O. Kasdin and
Members ofthe City Commission
DATE: September 13, 2000
SUBJECT:
Jorge M. Gonzalez ~. . ~..-----
City Manager tfw D
A RESOLUTION F THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE
ADMINISTRATION TO PROCEED WITH THE ISSUANCE OF A REQUEST
FOR PROPOSALS (RFP) NO. 130-99/00 SEEKING A PROFESSIONAL
SERVICES AGREEMENT TO DEVELOP, VALIDATE, ADMINISTER,
SCORE, REPORT AND REVIEW TESTING PROGRAMS TO DETERMINE
QUALIFIED APPLICANTS FOR BOTH THE POLICE AND FIRE
DEPARTMENTS ENTRY LEVEL AND CLASSIFIED PROMOTIONAL
CLASSIFICATIONS FOR THE CITY OF MIAMI BEACH.
FROM:
ADMINISTRATION RECOMMENDATION:
Adopt the Resolution.
ANALYSIS:
The City needs to develop, validate, and administer new customized selection procedures for entry-
level Police Officer and Firefighter applicants and promotional classified Police and Fire applicants.
The City of Miami Beach has utilized two testing firms to administer all testing procedures for the
classifications described over the last several years. Dr. Santiesteban has worked mainly in the areas
of development and validation of the written tests, and Burroughs and Rockhill, Inc., in the areas of
Behavioral Assessment development, validation, and administration.
On July 28, 1992, the City entered into a Consent Decree with the United States Department of
Justice, in part, because the Department of Justice alleged that practices used by the City did not meet
criteria set forth in Title VII of the Civil Rights Act and the Uniform Guidelines on Employee
Selection Procedures.
DATE
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AGENDA ITEM
The City must also comply with the International Association of Firefighters (IAFF) and Fraternal
Order of Police (FOP) contracts which specify not only time frames, but testing specifications. The
City's Personnel Rules, along with the Florida Statutes, and local, State, and Federal laws must also
be considered in the development ofthe testing processes.
The City's RFP process win allow providers to submit new recommendations to the City which will
be evaluated for cost effectiveness; experience of the proposer in police and fire testing; ability to
justify and describe which tests would be used for each classification; job analysis and validation
experience; recognition of and adherence to laws, guidelines, and professional standards; problem
anticipation and resolution; responsiveness to applicant challenges, project security, litigation history
and experience; qualifications and experience of personnel; and project completion schedule.
The City wants to consider any and all testing options that win comply with our needs and adhere to
the laws, contracts, and guidelines surrounding the processes, while expediting the examinations.
History ofTestingjirms
1. Burroughs and Rockhill
October 25, 1995 - Administered tests for Sergeant and Lieutenant of Police Classifications
(RFP No. 140-94/95)
June 19, 1996 - Administered tests for Fire Lieutenant and Captain Classifications
(RFP No. 81-95/96)
July 17, 1996 - First Amendment to the Sergeant and Lieutenant Agreement, including developing
entry level Police Officer Classifications
(RFP No. 103-95/96)
May 7, 1997 - Second Amendment to the Sergeant and Lieutenant Agreement to administer and report
the results of the entry level Police Officer Behavioral Assessment Phase (BAP)
September 22, 1999 - Third Amendment to the Sergeant and Lieutenant Agreement to expedite the
hiring of more certified Police Officers and administer the Behavioral Assessment Phase to an
additional 125 applicants
April 12, 2000 - Fourth Amendment to the Sergeant and Lieutenant Agreement to administer
Behavioral Assessment Phase (BAP) for an additional group of entry level Police Officer applicants
2. Dr. Santisteban
June I, 1990 - Developed written test for Sergeant of Police
(RFP No. 128-89/90)
October 10, 1990 - Developed written test for Lieutenant of Police
(RFP No. 12-90/91)
October 12, 1992 - Sergeant and Lieutenant of Police
(File Reference 8-92/93 for 2 job analyses, 2 written tests, validated 2 written tests and 2 job
specifications)
July 28, 1993 -Firefighter II, Fire Lieutenant and Fire Captain
(3 job analyses, 3 written tests, 2 oral board tests, validated all 5 tests and 3 job specifications)
April 20, 1994 - Police Officer/Trainee and Firefighter I
(RFP No. 33-93/94 2 job analyses, 2 minimum qualifications, 2 multi-model screening tests, 2
physical ability tests, 2 medical exams, 2 psychological exams, 2 background questionnaires, validate
all 12 selection procedures, develop 2 ADA compliant job specifications)
March 3 I, 1995 - Administered testing for Sergeant of Police and Lieutenant of Police classifications
March 20, 1996 - First Amendment for Firefighter II, Lieutenant and Captain Agreement
(3 written tests and validate 3 written tests)
May 2 I, 1997 - First Amendment for Sergeant of Police and Lieutenant of Police Agreement
(2 job analyses, 2 written tests, validated 2 written tests and 2 job specifications)
September 22, 1999 - Second Amendment for Sergeant and of Police and Lieutenant of Police
Agreement
(2 job analyses, 2 written tests and validated 2 written tests)
October 20, 1999 - Second Amendment for Firefighter II, Lieutenant and Captain Agreement
(3 job analyses, 3 written tests and validated 2 written tests)
It is recommended that the Mayor and Commission authorize the Administration to proceed with the
issuance of a Request for Proposals No. 130-99/00 seeking a professional services agreement to
develop, validate, administer, score, report and review testing programs to determine qualified
applicants for both the Police and Fire Departments entry level and classified promotional
classifications for the City of Miami Beach.
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CITY 011' MIAMI BEACH
RFP NO. 130-99/00
REQUEST FOR PROPOSALS FOR
SERVICES TO PROVIDE TESTING FOR EITHER: POLICE ENTRY LEVEL AND FIRE
ENTRY LEVEL TESTING, OR; 2) POLICE AND FIRE PROMOTIONAL TESTING, OR;
3) POLICE AND FIRE ENTRY LEVEL AND POLICE AND FIRE PROMOTIONAL
TESTING.
A PRE-PROPOSAL CONFERtNCE IS SCHEDULED FOR 10:00 A.M.
ON SEPTEMBER 28, 2000, IN THE CITY MANAGER'S LARGE CONFERENCE ROOM
PROPOSALS ARE DUE AT THE ADDRESS SHOWN BELOW
NO LATER THAN OCTOBER 13, 2000 AT 3:00 P.M.
CITY Of MIAMI BEACH
PROCUREMENT DIVISION
1700 CONVENTION CENTER DRIVE, THIRD FLOOR
MIAMI BEACH, FL 33139
PHONE: (305) 673-7490
FAX:. (305) 673-7851
RFP NO.: 130-99/00
08/24/00
1
TABLE OF CONTENTS
Pal!:e
I. OVERVIEW AND PROPOSAL PROCEDURES 3
II. SCOPE OF SERVICES 9
III. PROPOSAL FORMAT 19
IV. EVALUATION/SELECTION PROCESS; CRITERIA FOR EVALUATION 20
V. GENERAL PROVISIONS 22
VI. SPECIAL TERMS AND CONDITIONS 24
VII. ATTACHMENTS 29
VIII. PROPOSAL DOCUMENTS TO BE COMPLETED AND RETURNED
TO CITY 33
RFP NO.: 130-99/00
08/24/00
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SECTION I - OVERVIEW AND PROPOSAL PROCEDURES:
A. INTRODUCTIONIBACKGROUND
The City of Miami Beach, Florida (hereinafter referred to as "the City") has a need to
contract a service to conduct testing programs to determine qualified applicants for both the
Police and Fire Departments for the City of Miami Beach. There will be an option to bid on
any or all of the following three areas, however, City would prefer a vendor that can do
all testing listed under both segments one and two:
Bid #1) Police Department entry level testing. Depending upon the requirements, as
proposed by the City, there are normally between 500 - 3000 applicants during a recruitment
period. Recruitment numbers can vary in large part due to I) certification or non-
certification requirements are considered, and 2) whether or not the TABE or Test of Adult
Basic Education is required. Police promotional testing occurs every 2 years, per the
Fraternal Order of Police Contract, and normal1y involves 70 applicants for the written test
and 50 applicants for the Behavioral Assessment Phase for the Police Sergeant Examination;
40 applicants for the written test and 30 applicants for the Behavioral Assessment Phase for
the Police Lieutenant examination.
Bid #2) Fire Department entry level testing. Depending upon certification requirements, the
City normally has between 200 - 2000 applicants. Certified only recruitments may involve
as few as 200 applicants, while non-certified recruitments may involve as many as 2,000
applicants. (For the last several years, the City has done certified recruitments only, however
the City would still like to see testing options for non-certified recruitments). Fire
promotional testing occurs every 2 years, per the (IAFF) International Association of Fire
Fighter Union, and normally involves 50 applicants for the Firefighter II Examination; 25
applicants for the written test and 15 applicants for the Behavioral Assessment Phase Fire
Lieutenant Examination; and 15 applicants for the written test and 10 applicants for the
Behavioral Assessment Phase for the Fire Captain examination.
Bid #3) The Bid may include both option #1 and option #2 to cover all entry level and
promotional testing for both the Police and Fire Department.
The awarded contract( s) will be for a one (1) year term or one (1) testing cycle per
classification with an option for a second, third, fourth, and fifth year, or testing cycle, at the
City's discretion.
RFPNO.: 130-99/00
08/24/00
3
B. RFP TIMETABLE
The anticipated schedule for this RFP and contract approval is as follows:
RFP issued
September 14,2000
Deadline for receipt of questions
October 6, 2000 at 4:00 p.m.
Pre-Proposal Conference
September 28, at 10:00 A.M.
Deadline for receipt of proposals
October 13, at 3:00 P.M.
Evaluation Committee meeting
November 3, at 9:00 A.M.
Commission approval and authorization
of negotiations
December 6, 2000
Contract negotiations
Week of: December 1 1,2000
Projected award date
January 10, 2001
Projected contract start date
January 11,2001
C. PROPOSAL SUBMISSION
An original and (10) ten copies of complete proposal must be received by 10/13/00 at 3:00
P.M. and will be publicly opened on that day at that time. The original and all copies must
be signed in ink and received by the Procurement Division in a sealed envelope or container
stating on the outside the proposer's name, address, telephone number, RFP number and title,
and proposal due date. The address of the Procurement Division Office is 1700 Convention
Center Drive, Miami Beach, Fl 33139
The responsibility for submitting a response to this RFP to the Procurement Division 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 the U.S. Post Office or caused by any other
entity or by any occurrence. Proposals received after the proposal due date and time will not
be accepted and will not be considered, and will be returned to the proposer unopened.
RFP NO.: 130-99/00
08/24/00
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D. PRE-PROPOSAL CONFERENCE
A pre-proposal conference is scheduled on September 28, 2000 at 10:00 A.M. in the City
Manager's fourth floor large conference room, and will provide proposers the opportunity
to ask questions about the RFP and the City's requirements.
E. CONTACT PERSON/ADDITIONAL INFORMATION/ADDENDA
The contact person for this RFP is the Procurement Director at (305) 673-7490. Proposers
are advised that from the date of release of this RFP until award of the contract, no contact
with City personnel related to this RFP is permitted, except as authorized by the contact
person. Any such unauthorized contact may result in the disqualification of the proposer's
submittal.
Requests for additional information, or clarifications must be made in writing to the
Procurement Director no later than the date specified in the RFP timetable. Facsimiles will
be accepted at (305) 673-785 I.
The City will issue replies to inquiries and any other corrections or amendments it deems
necessary in written addenda issued prior to the deadline for responding to the RFP.
Proposers should not rely on representations, statements, or explanations other than those
made in this RFP or in any addendum to this RFP. Proposers are required to acknowledge
the number of addenda received as part of their proposals. The proposer should verify with
the Procurement Division prior to submitting a proposal that all addenda have been
received.
F. PROPOSAL GUARANTY
None required.
G. MODIFICATIONIWITHDRAWALS 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 considered.
Proposals shall be irrevocable until contract award unless withdrawn in writing prior to the
proposal due date or after expiration of 120 calendar days from the opening of proposals
without a contract award. Letters of withdrawal received after the proposal due date and
before said expiration date and letters of withdrawal received after contract award will not
be considered.
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5
H. RFP POSTPONEMENT/CANCELLATIONIREJECTION
The City may, at its sole and absolute discretion, reject any and all, or parts of any and all,
proposals; re-advertise this RFP; postpone or cancel, at any time, this RFP process; or waive
any irregularities in this RFP or in any proposals received as a result of this RFP.
ACCEPTANCE OR REJECTION OF PROPOSALS
The City of Miami Beach reserves the right to reject the proposal from any person or firm
who has previously failed in the proper performance of an award or to deliver on time
contracts of a similar nature or who is not in a position to perform properly under this award.
I. COST INCURRED BY PROPOSERS
All expenses involved with the preparation, submission, or presentation of proposals to the
City, or any work performed in connection therewith, shall be the sole responsibility ofthe
proposer(s) and not be reimbursed by the City.
J. VENDOR APPLICATION
Prospective proposers should register with the DemandStar.com (the City's Vendor Database
Management firm); this win facilitate the receipt offuture notices of solicitations when they
are issued. Potential proposers may contact DemandStar.com at (800) 711-1712 or register
on-line at www.demandstar.com.
It is the responsibility of the proposer to inform DemandStar.com concerning any changes,
such as new address, telephone number, or commodities.
K. EXCEPTIONS TO RFP
Proposers taking exception to any part or section of this RFP shall specifically indicate such
exceptiones) in their proposal. Proposers must clearly indicate any exceptions they wish to
take to any of the terms in this RFP, and outline what alternative is being offered. The City,
after completing evaluations, may accept or reject the exceptions. In cases in which
exceptions are rejected, the City may require the proposer to furnish the services or goods
originally described, or negotiate an alternative acceptable to the City.
L. SUNSHINE LAW
Proposers are hereby notified that all information submitted as part of a response to this RFP
will be available for public inspection after opening of proposals, in compliance with Chapter
286, Florida Statutes, known as the "Government in the Sunshine Law..
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6
M. NEGOTIATIONS
The City may award a contract on the basis of initial offers received, without discussion, or
may require proposers to give oral presentations based on their proposals. The City reserves
the right to enter into negotiations with the selected proposer, and if the City and the selected
proposer cannot negotiate a mutually acceptable contract, the City may terminate the
negotiations and begin negotiations with the next selected proposer. This process may
continue until a contract has been executed or all proposals have been rejected. No proposer
shall have any rights in the subject project or property or against the City arising from such
negotiations.
N. PROTEST PROCEDURE
Proposers that are not selected may protest any recommendations for contract award by
sending a formal protest letter to the Procurement Director, which letter must be received no
later than 5 calendar days after award by the City Commission. The Procurement Director
will notify the protester of the cost and time necessary for a written reply, and all costs
accruing from the proposal process or award challenge shall be assumed by the protester.
Any protests received after 5 calendar days from contract award by the City Commission
will not be considered, and the basis or bases for said protest shall be deemed to have been
waived by the protester.
O. RULES; REGULATIONS; LICENSING REQUIREMENTS
Proposers are expected to be familiar with and comply with all Federal, State and local laws,
ordinances, codes, and regulations that may in any way affect the services offered, including
the Americans with Disabilities Act, Title VII of the Civil Rights Act, the EEOC Uniform
Guidelines, all EEO regulations and guidelines, and the Omnibus Transportation Act
349CFR40 and Department of Transportation (DOT) regulations regarding alcohol and drug
testing. Ignorance on the part of the proposer will in no way relieve it from responsibility
for compliance.
P. DEFAULT
Failure or refusal of a proposer to execute a contract upon award by the City Commission,
or untimely withdrawal of a proposal before such award is made and approved, may result
in forfeiture of that portion of any proposal surety required as liquidated damages to the City;
where surety is not required, such failure may result in a claim for damages by the City and
may be grounds for removing the proposer from the City's vendor list.
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Q. CONFLICT OF INTEREST
The award here under is subject to provisions of states statutes and City ordinances. All
proposers must disclose with their proposal the name(s) of any officer, director, agent, or
immediate family member (spouse, parent, sibling, or child) who is also an employee of the
City of Miami Beach. Further, all proposers must disclose the name of any City employee
who owns, either directly or indirectly, an interest of ten (10%) percent or more in the
proposer's firm or any of its affiliates.
R. PROPOSER'S RESPONSIBILITY
Before submitting proposal, each proposer shall make all investigations and examinations
necessary to ascertain all conditions and requirements affecting the full performance of the
contract. Ignorance of such conditions and requirements resulting from failure to make such
investigations and examinations will not relieve the successful proposer from any obligation
to comply with every detail and with all provisions and requirements of the contract
documents, or will be accepted as a basis for any claim whatsoever for any monetary
consideration on the part of the proposer.
S. RELATION OF CITY
It is the intent of the parties hereto that the successful proposer be legally considered to be
an independent contractor and that neither the proposer nor the proposer's employees and
agents shall, under any circumstances, be considered employees or agents of the City.
T. CODE OF BUSINESS ETHICS
Pursuant to 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 your bid/proposal or within five days upon receipt of request.
The Code shall, at a minimum, require your firm or you as a sole proprietor, to comply
with all applicable governmental rules and regulations including, among others, the
conflict of interest, lobbying and ethics provision of the City Code.
RFPNO.: 130-99/00
08/24/00
8
SECTION II - SCOPE OF SERVICES
A. GENERAL
In recent past history, the City has used the following processes:
Police Certified - Behavioral assessment Center only
Police Non-Certified - Written Test + Behavioral assessment Center
Fire Certified - Physical Ability + Behavioral assessment Center
Fire Non-Certified - Physical Ability + Written Test + Behavioral assessment Center
Requirements:
I. Conduct a thorough job analysis for all testing, validation of process.
2. Revise job descriptions and recommend any changes based on the job analysis.
3. Construct written test - entry level Police and Fire only, score and analyze results,
respond to challenges, cutting point, ordered register of results.
4. Construct Behavioral assessment center - promotional Police and Fire only,
respond to challenges, cutting point, ordered register of results.
5. Construct physical ability, behavioral assessment center, oral tests, or other
appropriate selection devices - entry level Police and Fire only.
6. Develop and recommend method of fmal selection and any other processes.
7. Documentation, follow-up, and general services.
The results of this process will be utilized by the City to select the most qualified and
suitable individuals for the noted classifications.
B. GENERAL - TIMETABLE
All necessary job analysis, validation, examinations, etc., must be completed to produce
an ordered register of results according to the following timetable for the City:
I. Entry level Police Officer - by August 1, 2001, 2002, 2003, 2004 and 2005
2. Entry level Firefighter - by November 1,2001,2002,2003,2004 and 2005
3. Promotional Police - by April 1,2001,2003, and 2005
4. Promotional Fire - by September 1, 2002, 2004, and 2006
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C. JOB FUNCTION REOUlREMENTS:
1. CONDUCT A THOROUGH JOB ANALYSIS FOR ALL TESTING
1. Develop and conduct job analysis under conditions which assure adequacy
and accuracy of the research and results
2. Gather and analyze existing pertinent data regarding the classification,
including, but not limited to: last job analysis, existing job specifications,
etc.
3. Identify, define, and analyze the tasks and work behaviors, especially the
important and/or critical tasks and work behaviors required for successful
performance constituting most of the job, and their relative importance, and
if the behaviors results in a work product, analyze the work products
4. Identify and document each Knowledge, Skill, and Ability (KSA) necessary
as a prerequisite to perform critical and/or important work behaviors,
including the identification and documentation of the "Essential Job
Functions" per Americans with Disabilities Act (ADA) guidelines
5. Operationally define each KSA and the relationship between each KSA and
each work behavior as well as the method used to determine this relationship
6. Identify and define the important and/or critical prerequisite KSAs or
behaviors to be measured or sampled by the selection devices and
recommend minimum qualifications for application acceptance
7. Prepare complete detailed report documenting entire process including, but
not limited to, all methodologies, rationales, procedures, and findings of job
analysis
2. REVISE JOB DESCRITIONS
Based upon the job analysis, revise the current job specifications for:
BID #1
I. Police Officer Trainee - distinguish between certified and non-certified
2. Police Sergeant
3. Police Lieutenant
OR
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10
BID #2
1. Firefigher I - distinguish between certified and non-certified
2. Firefighter II
3. Fire Lieutenant
4. Fire Captain
OR
BID #3
All of the above
including the following sections: Nature of Work; Illustrative Examples of Essential
Duties; Knowledge, Skills, and Abilities; Minimum Requirements; Physical
Requirements; Supervision Received; and Supervision Exercised. Note "Essential
Job Functions" per ADA.
3. CONSTRUCT WRITTEN TEST (if applicable) - FOR ENTRY LEVEL
POLICE OR FIRE PROMOTIONAL TEST ONLY
Recommendation needs to be as to whether or not a written test should be part of
the testing process for Police or Fire entry level testing, as it relates to existing
certification status. This recommendation should concern itself with the following:
all entry level: Police Officer Certified applicants, Police Officer Non-Certified
applicants, Firefighter I Certified applicants, Firefighter I Non-certified applicants
(currently used for certified Police and Fire only).
1.
Ensure that no person(s), other than those designated by the City Manager,
shall have access to any information regarding the test, test items, test
development materials, test answers, or any related materials.
2.
Ensure that the test items have not been used and will not be used in whole
nor in part by any other past, present, or future client or any other agency or
individual without express written agreement between the City and the
Consultant.
3.
Ensure that there is no substantial similarity between any of the items
developed for these classifications and the items on any other examination
prepared for the City without express written agreement between the City and
the Consultant.
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11
4. Give title of the test and all items to the City to be used by the City in any
manner without any additional charge and prevent use by any other agency
or individual.
5. Construct the test of at least 100 items - the format to be agreed to by the
City.
6. Develop test items for each Knowledge, Skills and Ability (KSA) area and
document that the items are an adequate and representative sample of the
KSA content area to be measured, ensuring complete coverage of all major
elements of each KSA content area.
7. Develop items which will discriminate among applicants' levels of
competency.
8. Avoid redundancy and confounding of measurement by ensuring that each
item measures one specific area.
9. Review and edit items to insure freedom from misspelling or grammatical,
typographical, or other errors and freedom of ethnic, gender, or other bias -
and to insure that all items are properly prepared in accordance with accepted
testing criteria, are reliable and valid, are directly related to performance of
the job, and are reasonable and defensible.
10. Provide written source documentation linking each item with the appropriate
KSA, noting source of attribution and the page and paragraph number or the
equivalent to page and paragraph number.
1 I. Print and deliver sufficient copies of each Written Test.
12. Score the answer sheets.
13. Return answer sheets to the City.
14. Evaluate the test statistics and item analyses provided by the City and
perform and evaluate adverse impact calculations and any additional analysis,
as the firm deems appropriate.
15. Develop a form to be used for applicant challenges.
16.
Review and respond in writing to each applicant challenge, including
justification of correct response.
12
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17. Delete any items warranted based on evaluation of test statistics, item
analyses, and applicant challenges.
18. Determine appropriate cutting point (or passing score).
19. Prepare final scoring key and perform final scoring.
20. Provide the City with a register of the final results of each participant.
21. Validate the entire selection process.
4. CONSTRUCT AND ADMINISTER BEHAVIORAL ASSESSMENT CENTER
- PROMOTIONAL POLICE AND FIRE ONLY
I. Ensure that no person(s), other than those designated by the City Manager, shall
have access to any information regarding the behavioral assessment exercises,
concepts, development materials, response/performance guidelines, or any related
materials.
2. Ensure that the behavioral assessment exercises have not been used and will not
be used in whole nor in part by any other past, present, or future client or any
other agency or individual without express written agreement between the City
and the Consultant.
3. Construct the behavioral assessment Center of three (3) exercises - the nature of
which to be determined by the job analysis and agreed to by the City.
4. Develop desired performance/responses for each behavioral assessment exercise
and/or standards/criteria.
5. Review and edit written behavioral assessment exercise_materials to insure
freedom from misspelling or grammatical, typographical, or other errors and
freedom from ethnic, gender, or other bias.
6. Validate the Behavioral Assessment Center.
7. Provide orientation sessions for all candidates including guidelines and
descriptions of Behavioral Assessment Center process.
8. Provide and operate videotape and equipment (and backup) so that each
participant is videotaped during non-written behavioral assessment exercises.
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9. Print and deliver sufficient copies of each behavioral assessment exercise.
10. Coordinate and administer Behavioral Assessment Center process including site
selection and scheduling.
I I. Select, provide lodging and transportation for, and train three (3) assessors per
behavioral assessment exercise. Schedule assessors for videotape and written
exercise evaluation.
12. Determine appropriate Behavioral Assessment Center passing score.
13. Provide the City with a register of the final results including overall score for
each participant.
14. Provide one-on-one feedback upon request to each participant.
15. Develop a form to be used for applicant challenges.
16. Review and respond in writing to each applicant challenge, including justification
of response.
17. Give title of the Behavioral Assessment Center and all exercises to the City to be
used by the City in any manner without any additional charge and prevent use by
any other agency or individual.
5. CONSTRUCT PHYSICAL ABILITY, BEHAVIORAL ASSESSMENT
CENTER, ORAL TESTS, OR OTHER APPROPRIATE SELECTION
DEVICES - ENTRY LEVEL POLICE AND FIRE ONLY
Recommendation needs to be made as to what testing or selection devices should be
required for entry level testing. Testing options should be considered separately for
Police Certified, Police Non-Certified, Firefighter I Certified, and Firefighter I Non-
Certified.
The City would prefer that a behavioral assessment center be performed on all
applicants. In recent past history, the City has used the following processes:
Police Certified - Behavioral Assessment Center only
Police Non-Certified - Written Test + Behavioral Assessment Center
Fire Certified - Physical Ability + Behavioral Assessment Center
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Fire Non-Certified - Physical Ability + Written Test + Behavioral Assessment
Center
The City is open to aU recommendations, based upon the job analysis conducted
for future testing procedures.
I.
Develop, administer, analyze, interpret results, and validate such other
appropriate structured selection devices based upon the job analysis.
2.
Ensure that no person(s), other than those designated by the City Manager,
shall have access to any information regarding the selection device, the
selection device items, development materials, desired
performance/responses/answers, or any related materials.
3.
Ensure that the test items have not been used and will not be used in whole
nor in part by any other past, present, or future client or any other agency or
individual without express written agreement between the City and the
Consultant.
4.
Construct the selection devices with weights iil proportion to the relative
importance of KSAs or behaviors to be sampled or measured as determined
by the job analysis.
5.
Develop selection device components for each KSA or behavioral content
area and document that the components are an adequate and representative
sample of the KSA or behavioral content area to be measured or sampled,
ensuring complete coverage of all major elements of each KSA or behavioral
content area.
6.
Develop components which will discriminate among applicants' levels of
competency and which would differentiate among levels of job performance.
7.
A void redundancy and confounding of measurement.
8.
Review and edit items to insure freedom from misspelling or grammatical,
typographical, or other errors and freedom of ethnic, gender, or other bias -
and to insure that all items are properly prepared in accordance with accepted
testing criteria, are reliable and valid, are directly related to performance of
the job, and are reasonable and defensible.
9.
Provide written documentation linking each component with the appropriate
KSA or job behavior.
15
10. Develop desired performance/responses for each component and/or
standards/criteria and a form by which performance is to be evaluated,
scored, analyzed, and interpreted.
I I. Print and deliver sufficient copies of the selection devices.
12. Ifused, develop methods by which selection device raters will be evaluated
and selected.
13. Ifraters are used, develop and administer rater training and facilitate and
monitor administration of selection device.
14. Produce and evaluate descriptive selection device statistics and analyses
including adverse impact statistics.
15. Review and respond in writing to each applicant challenge, including
justification of correct (desired) performance/response.
16. Determine appropriate cutting point (or passing score).
17. Provide the City with an ordered register of the selection device results of
each participant.
18. Prepare complete detailed report documenting entire process including, but
not limited to, all methodologies, rationales, and procedures.
6. DEVELOP AND RECOMMEND METHOD OF FINAL SELECTION AND
ANY OTHER PROCESSES
I. Prepare written recommendation as to the methodes) of referring qualified
candidates from the Eligible List to the Appointing Authority for interview,
consideration and selection.
Recommendation would include number of candidates to be referred, flexible
or set number of candidates, banding of scores, etc., with appropriate
supporting rationale and criteria.
2.
Prepare and provide written recommendation of methodology and procedures
for making final selections from among qualified candidates.
3.
Prepare written recommendations on any additional processes and guidelines
as are required or advised, such as background investigation, drug use
history, polygraph, psychological and/or psychiatric evaluations, etc.
16
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7. DOCUMENTATION, FOLLOW-UP, AND GENERAL SERVICES
Task A -
Task B -
Task C -
TaskD-
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Document, prepare comprehensive monthly progress and final reports,
and provide copies to the City of all materials, methodologies,
individuals involved, and steps utilized to provide these services as
wen as a copy of all data obtained.
Document that the selection devices are valid and reliable
measurement instruments and that acceptable and defensible
statistical and other methods were applied.
Prepare documentation and testimony to appear in court or before any
regulatory authorities or bodies and provide testimony as an expert
witness in conjunction with any challenges, appeals, suits, or
grievances which might arise from providing the proposed services.
General Services
1.
Remain available on an as-needed basis to answer any questions or
clarify or interpret the results of any individual's results.
2.
Provide supplemental written material and training to City personnel
to facilitate the use of the Behavioral Assessment Center results and
reports.
3.
Defend and/or represent the City and testify on the City's behalf if any
claims or allegations are made regarding the services provided
including, but not limited to, the validity of the test battery or
evaluation methods or results.
4.
Maintain all raw test results and notes with respect to each individual
evaluated for the time period set forth in Florida records retention or
other applicable laws or as specified by the City, whichever is greater.
5.
Research and investigate to insure that all tests, procedures, results,
and interpretations are valid, reliable, cross-cultural, and legally
defensible for the purposes used.
17
6. Submit a report summarizing evaluation and test results, including an
analysis by ethnicity/race, gender, and age showing adverse impact,
if any, of each component and of entire selection process and giving
recommendations for future reduction of any adverse impact.
7. Document that the entire selection process is valid and meets all
required criteria.
D. CITY PROVIDED SERVICES
A. Provide copies of the existing job analyses, job description, and other information
requested.
B. For promotional testing: At the Consultant's request, coordinate subject matter expert
and other meetings involving City employees, coordinate distribution and return of
employee questionnaires, and contact candidates regarding scheduling.
C. If possible, the City will provide meeting/testing rooms if available.
D. THE HUMAN RESOURCES DIRECTOR SHALL:
Designate a professional City employee in the Human Resources Department as a
contact and resource person for the firm.
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SECTION III - PROPOSAL FORMAT
Proposals must contain the following documents, each fully completed and signed as required.
Proposals which do not include all required documentation or are not submitted in the required
format, or which do not have the appropriate signatures on each document, may be deemed to be
non-responsive. Non-responsive proposals will receive no further consideration.
A. CONTENTS OF PROPOSAL
I. Table of Contents
Outline in sequential order the major areas of the proposal, including enclosures. All
pages must be consecutively numbered and correspond to the table of contents.
2. Proposal Points to Address:
Proposer must respond to all minimum requirements listed below, and provide
documentation which demonstrates ability to satisfy all of the minimum qualification
requirements. Proposals which do not contain such documentation may be deemed
non-responsive.
3. Price ProDosal
Proposer must include price which will be charged to the City. Proposer MUST
BREAKDOWN PRICE FOR EACH SERVICE AREA.
4. Acknowledgment of Addenda and Proposer Information forms (Section VIII)
5. Anv other document required bv this RFP. such as a Ouestionnaire or Prooosal
Guaranty.
B. MINIMUM REQUIREMENTS / QUALIFICATIONS:
Must provide all services for either Bid #1 OR Bid #2 or Bid #3.
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SECTION IV - EVALUATION/SELECTION PROCESS:
CRITERIA FOR EV ALUA TION
The procedure for proposal evaluation and selection is as follows:
1. Request for Proposals issued.
2. Receipt of proposals.
3. Opening and listing of all proposals received.
4. An Evaluation Committee, appointed by the City Manager, shall meet to evaluate each
proposal in accordance with the requirements of this RFP. If further information is desired,
proposers may be requested to make additional written submissions or oral presentations to
the Evaluation Committee.
5. The Evaluation Committee shall recommend to the City Manager the proposal or proposals
acceptance of which the Evaluation Committee deems to be in the best interest of the City.
The Evaluation Committee shall base its recommendations on the entire Request for
Proposals, specifically reviewing the following factors:
a) Completeness, clarity and responsiveness of proposal.
b) Ability to complete Bid #3 (all classifications).
c) Experience of the proposer in entry level police and fire testing, and police and fire
promotional testing.
d) Ability to justify and describe which examinations should be used for each of the
following classifications (methodologies and rationale):
Bid #1 - Certified Police Officer, Non-certified Police Officer, Police Sergeant,
Police Lieutenant.
Bid #2 - Certified Firefighter I, Non-Certified Firefighter I, Firefighter II, Fire
Lieutenant, and Fire Captain.
Bid #3 - all classifications listed in # I and #2.
e) Job analysis, validation experience, ability to determine and defend passing score.
f) Recognition of and adherence to laws, guidelines, and professional standards.
g) Problem anticipation and resolution and responsiveness to applicant challenges.
h) Project security (pre, during and post process).
i) Litigation history and experience, problem anticipation and resolution.
j) Price break-down.
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k) Ability to meet deadlines, project completion schedule.
I) Qualifications and experience of professional and technical personnel, including amount
of work that will be subcontracted.
m) Timeliness of each test administration from start to finish.
6. After considering the recommendation(s) of the Evaluation Committee, the City Manager
shall recommend to the City Commission the proposal or proposals acceptance of which the
City Manager deems to be in the best interest of the City.
7. The City Commission shall consider the City Manager's recommendation(s) in light of the
recommendation(s) and evaluation of the Evaluation Committee and, if appropriate, approve
the City Manager's recommendation(s). The City Commission may reject City Manager's
recommendation( s) and select another proposal or proposals. In any case, City Commission
shall select the proposal or proposals acceptance of which the City Commission deems to be
in the best interest of the City. The City Commission may also reject all proposals.
8. Negotiations between the selected proposer and the City Manager take place to arrive at a
contract. If the City Commission has so directed, the City Manager may proceed to negotiate
a contract with a proposer other than the top-ranked proposer if the negotiations with the top-
ranked proposer fail to produce a mutually acceptable contract within a reasonable period of
time.
9. A proposed contract or contracts are presented to the City Commission for approval,
modification and approval, or rejection.
10. If and when a contract or contracts acceptable to the respective parties is approved by the
City Commission, the Mayor and City Clerk sign the contract(s) after the selected
proposer(s) has (or have) done so.
I I. The City reserves the right to reject any bid with insufficient experience in ANY area listed
under scope or services, including but not limited to:
(a) Police experience
(b) Fire experience
(c) Job Analysis experience
(d) Validation experience
(e) Test review capability
(f) Civil Service experience
Imnortant Note:
By submitting a proposal, all proposers shall be deemed to understand and agree that no
property interest or legal right of any kind shall be created at any point during the aforesaid
evaluation/selection process until and unless a contract has been agreed to and signed by both
parties.
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SECTION V - GENERAL PROVISIONS
A. ASSIGNMENT
The successful proposer( s) shall not enter into any sub-contract, retain consultants, or assign,
transfer, convey, sublet, or otherwise dispose of this contract, or of any or all of its right,
title, or interest therein, or its power to execute such contract to any person, firm, or
corporation without prior written consent of the City. Any unauthorized assignment shall
constitute a default by the successful proposer.
B. INDEMNIFICATION
The successful proposer(s) shall be required to agree to indemnify and hold harmless, the
City of Miami Beach and its officers, employees, and agents, from and against any and all
actions, claims, liabilities, losses and expenses, including but not limited to, attorney's fees,
for personal, economic, or bodily injury, wrongful death, loss of or damage to property, in
law or in equity, which may arise or be alleged to have arisen from the negligent acts or
omissions or other wrongful conduct of the successful proposer, its employees, or agents in
connection with the performance of services pursuant to the resultant Contract; the
successful proposer shall pay all such claims and losses and shall pay all such costs and
judgments which may issue from any lawsuit arising from such claims and losses, and shall
pay all costs expended by the City in the defense of such claims and losses, including
appeals. The parties shall agree that one percent (1 %) of the total compensation to the
Consultant for performance of this Agreement is the specific consideration from the City to
the Consultant for the Consultant's Indemnity Agreement.
The Consultant's obligation shall not include the obligation to indemnify the City ofMiarni
Beach and its officers, employees and agents, from and against all actions or claims which
arise or are alleged to have arisen from negligent acts or omissions or other wrongful conduct
of the City and its officers, employees and agents. The parties shall agree to give to other
party prompt notice of any claim coming to its knowledge that in any way directly or
indirectly affects the other party.
C. TERMINATION FOR DEFAULT
If through any cause within the reasonable control of the successful proposer, it shall fail to
fulfill in a timely manner, or otherwise violate any of the covenants, agreements, or
stipulations material to the Agreement, the City shall thereupon have the right to terminate
the services then remaining to be performed by giving written notice to the successful
proposer of such termination which shall become effective upon receipt by the successful
proposer of the written termination notice.
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In that event, all finished and unfinished documents, data, studies, surveys, drawings, maps,
models, photographs, reports, other work products, and materials, collected or prepared by
or in the possession of the Consultant and its subcontractors shall be properly delivered to
the City and the City shall compensate the successful proposer in accordance with the
Agreement for all services 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 relieved of liability to the
City for damages sustained by the City by virtue of any breach of the Agreement 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.
D. TERMINATION FOR CONVENIENCE OF CITY
The City may, for its convenience, terminate the services then remaining to be performed at
any time without cause by giving written notice to successful proposer of such termination,
which shall become effective following receipt by proposer of such notice. In that event, all
finished or unfinished documents data, studies, surveys, drawings, maps, models,
photographs, reports, or collected or prepared by or in the possession of the proposer shall
be properly delivered to the City. If the Agreement is terminated by the City as provided in
this section, the City shall compensate the successful proposer in accordance with the
Agreement for all services actually performed by the successful proposer and reasonable
direct costs of successful proposer for assembling and delivering to City all such materials.
No compensation shall be due to the successful proposer for any profits that the successful
proposer expected to earn on the balanced of the Agreement. Such payments shall be the
total extent of the City's liability to the successful proposer upon a termination as provided
for in this section.
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SECTION VI - SPECIAL TERMS AND CONDITIONS
AMERICAN'S WITH DISABILITIES ACT
The proposer agrees to adhere to and be governed by all applicable requirements of the laws listed below
including, but not limited to, those provisions pertaining to employment, provision of programs and services,
transportation, communications, access to facilities, renovations, and new construction.
The Americans with Disabilities Act of 1990 (ADA): Pub. L. 101-336, 104 Stat 327, 42 V.S.C. 12101-12213
and 47 V.S.C, Sections 225 and 611 including Title I, Employment; Title IT, Public Services; Title III, Public
Accommodations and Services Operated by Private Entities; Title IV, Telecommunications; and Title V,
Miscellaneous Provisions.
The Rehabilitation Act of 1973: 29 V.S.C. Section 794.
The Federal Transit Act, as amended: 49 V.S.C. Section 1612.
The Fair Housing Act as amended: 42 U.S.C. Section 3601-3631.
The proposer must complete and submit the City's Disability Non-Discrimination Affidavit (Attachment D).
In the event Contractor is found to be in non-compliance with the provisions of the Affidavit, the City may
impose such sanctions as it may determine to be appropriate, including but not limited to, withholding of
payment to Contractor, under the Agreement until compliance and/or cancellation, termination or suspension
of the Agreement pursuant to this Section, Contractor shall not be relieved of liability to the City for damages
sustained by the City by virtue of Contractor's breach of the Agreement.
AVAILABILITY OF FUNDS
The obligations of the City ofMiarni Beach under this award are subject to the availability offunds
lawfu1\y appropriated for its purpose by the State of Florida and the City Commission.
EQUAL EMPLOYMENT AND OPPORTUNITY STATEMENT
The City of Miami Beach believes in Equal Opportunity practices which conform to both the spirit
and the letter of all laws against discrimination and is committed to nondiscrimination because of
age, citizenship or intending citizenship status, color, disability, familial status, gender, marital
status, national origin, race, religion, or sexual orientation. Proposer shall submit a statement as to
their non-discrimination policy and commitment.
In connection with the performance of the Agreement, the provider shall not discriminate against
any employee or applicant for employment because of age, citizenship or intending citizenship
status, color, disability, familial status, gender, marital status, national origin, race, religion, or sexual
orientation. Such action shall include, but not be limited to the following: employment, upgrading,
demotion, or termination; recruitment or recruitment advertising; layoff or termination; rates of pay
or other forms of compensation; and selection for training, including apprenticeship.
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ESTIMATES OF SERVICE
This RFP provides estimates of the anticipated volume of individuals to be tested. This is for the
proposer's guidance only and no guarantee is given or implied as to the actual number of individuals
to whom services may be provided. It should be clearly understood that these estimates in no way
constitute a guarantee of the level of effort that wi\1 be requested of the successful proposer.
INSURANCE REQUIREMENTS
The successful proposer and all sub-consultants wi\1 be required to maintain in full force and effect
for the duration of the contract:
I. Consultant Professional Liability in the amount of $1,000,000.00 per occurrence with a
deductible not to exceed $25,000 per occurrence. For a claims made policy, the Consultant
agrees to carry four (4) years tail coverage after work is completed, or maintain a comparable
policy for four (4) years, provided that such comparable policy shall include coverage for
prior acts effective from the date of execution of the Agreement. A certified copy of the
Consultant's (and any sub-consultants') Insurance Policy must be filed and approved by the
Risk Manager prior to commencement. A policy of professional liability covering the
services and activities required in this agreement pursuant to Florida Statutes.
2. Workers Compensation & Employers Liability as required per Florida statutes.
3. Original certificates of insurance for the above coverage must be submitted to the City's Risk
Manager for approval prior to any work commencing. These certificates wiJl be kept on file
in the office of the Risk Manager. Upon each anniversary or expiration of the policy, a new
certification and policy must be presented to the Risk Manager.
4. The provider is responsible for obtaining and submitting all insurance certificates for their
sub-consultants.
5. Risk Management has the right to modify coverage as deemed necessary.
AIl insurance policies must be issued by companies authorized to do business under the laws of the
State of Florida and approved by the City's Risk Manager. The companies must be rated no less
than "B+" as to management and not less than "Class VI" as to strength by the latest edition of Best's
Insurance Guide, published in the latest edition of A.M. Best Company, Oldwick, New Jersey, or
its equivalent, subject to the approval of the City's Risk Manager.
Compliance with the foregoing requirements shall not relieve the provider of the liabilities and
obligations under any portion of the Agreement, and the City shall have the right to obtain from the
provider specimen copies of the insurance policies in the event that submitted certificates of
insurance are inadequate to ascertain compliance with required coverage.
AJI of provider's certificates, above, shall contain endorsements providing that written notice shall
be given to the City at least thirty (30) days prior to termination, canceJlation or reduction in
coverage in the policy.
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25
Unless directed by the City otherwise, the provider shall not commence any services pursuant to this
Agreement until the City's Risk Manager has received and approved, in writing, certificates of
insurance showing that these requirements (in their entirety) have been met and provided for.
Alternate coverage or any changes to these requirements which may be necessary win be determined
by and are subject to prior approval of the City Manager and/or his/her designee. Insurance
requirements are subject to change.
I. Laws and Regulations
It shall be understood and agreed that any and all services, materials and equipment shall
comply fully with all local, state and Federal laws, ordinances, codes, and regulations and
acceptable professional industry standards applicable to the services contemplated herein.
This shan include, but not be limited to, the Americans with Disabilities Act, Title VII
of the Civil Rights Act, the EEOC Uniform Guidelines, all other EEO regulations and
guidelines, and American Psychological Association guidelines.
2. Liability
Successful firm will not be held responsible for failure to complete contract due to causes
beyond its control including, but not limited to, work stoppage, fires, civil disobedience,
riots, rebellions, acts of God, and similar occurrences making performance impossible or
illegal.
3. No Bid - Removal From Bid Lists
Ifnot submitting a bid, respond by returning the proposal form, making it "No Bid", and
explain the reason. Repeated failure to quote without sufficient justification shall be
cause for removal of the bidder's name from the bid mailing list. Note: To qualify as a
respondent, bidder must submit a reply no later than the stated bid opening date and hour.
4. Principals/Collusion
The Consultant shall appoint a qualified individual acceptable to the City to serve as
Project Manager for the services who shall be fully responsible for the day-to-day
activities under this Agreement, and who shall serve as the primary contact for the City's
Project Coordinator.
PROJECT MANAGEMENT
The provider shall appoint a qualified individual acceptable to the City to serve as Project Manager
for the services who shall be fully responsible for the day-to-day activities under this Agreement,
and who shall serve as the primary contact for the City's Project Coordinator.
PROPOSAL CERTIFICATION
Submission of a signed proposal is proposer's certification that the proposer will accept any awards
made as a result of said submission at the prices and terms contained therein. The prices quoted in
the proposal shall remain in effect for at least 120 days.
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1. Proposer Responsibility
Before submitting proposal, each proposer shall make all investigations and
examinations necessary to ascertain all conditions and requirements affecting the full
performance of the contract. Before submitting their proposal each proposer shall make
all investigations and examinations necessary to ascertain and verify any and all
representations make my the City that the proposer will rely upon. No pleas of ignorance
of such conditions and requirements resulting from failure to make such investigation
and examinations will relieve the successful firm from any obligation to comply in every
detail with all provisions and requirements of the contract documents or will be accepted
as a basis for any claim whatsoever for any monetary consideration on the part of the
contractor.
2. Qualification of Proposers
Each proposer may be required, before the award of any contract, to show to the
complete satisfaction of the City Manager that they have the necessary facilities, ability,
and financial resources, to furnish the services as specified herein in a satisfactory
manner, and the proposer may also be required to show past history and references which
will enable the City Manager to satisfy himlherself as to the proposer's qualifications.
Failure to qualify according to the foregoing requirements will justifY the City in
rejecting the proposal.
3. Public Entity Crimes
Proposers shall complete State of Florida Form PUR 7068, Sworn Statement under
Section 287.133(3) (a) Florida Statute on Public Entity Crimes.
4. Relation Of City
It is the intent of the parties hereto that the successful firm shall be legally considered as
an independent contractor and that neither they nor their employees shall, under any
circumstances, be considered servant or agents of the City, and that the City shall be at
no time legally responsible for any negligence on the part of said successful bidder,
his/her servants, or agents, resulting in either bodily or personal injury or property
damage to any individual, firm, or corporation. However, in submitting their proposals,
proposers are representing that the personnel described in their proposals shall be
available to perform the services described, barring illness, accident, or other
unforeseeable events of a similar nature.
Any changes in the personnel to be performing the proposed services and any changes
in the specific tasks each individual will perform must be approved by the City in
writing. This requirement is in effect upon submission of proposal and shall remain in
effect during term of contract.
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SANCTIONS FOR NONCOMPLIANCE WITH NONDISCRIMINATION PROVISIONS
In the event of the Provider's noncompliance with the nondiscrimination provisions of the
Agreement, the City shall impose such Agreement Sanctions as the City or the State of Florida may
determine to be appropriate, including but not limited to withholding of payments to the provider
under the Agreement until the provider complies and/or cancellation, termination or suspension of
the Services, in whole or in part. In the event the City cancels or terminates the services pursuant
to this Section, the rights and obligations of the parties shall be the same as provided under
Termination for Convenience of City.
SOLE PROPERTY
The successful proposer will be prohibited from publishing or releasing any information related to
the requested services without the prior written permission of the City. All tests, evaluations,
reports, and other materials and documents resulting from this contract will remain the sole property
of the City; shall not be disposed of without specific written authorization from the City; and shall
be used by the City in any manner without any additional charge. Such materials shal1 include, but
not be limited to, electronically produced and/or stored data, prepared by the provider pursuant to
the agreement, and wil1 be given to the City in a format suitable for reuse by the City.
1. Sunshine Law
Under the Florida Public Records Act and the Florida "Sunshine" Laws, materials
submitted by a proposer, the result of the City's evaluation, and the proceedings of the
subsequent contract negotiations are open to public inspection. Proposers should take
special note of this as it relates to any proprietary information that might be included in
their proposal.
2. Terms
All terms, conditions, and provisions of the contract must be strictly observed in addition
to the general conditions herein described.
TAXES
The City is exempt from Federal Excise and State of Florida Sales Tax. State Sales Tax and Use Tax
Certificate Number is 04-00097-09-23.
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SECTION VII - ATTACHMENTS
I. Copy of current (FOP), Fraternal Order of Police Contract. currently under negotiation.
2. Copy of current (IAFF), International Association of Firefighters Contract. currently under
negotiation.
3. Price Proposal schedule.
4. IAFFIIAFC approved Candidate Physical Ability Test (CPAT).
· Contract may change
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SWORN STATEMENT PURSUANT TO SECTION 287.133(3)(a),
FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES
THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY
PUBLIC OR OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS.
I. This sworn statement is submitted to
by
(print individual's name and title)
whose business
for
(print name of entity submitting sworn statement)
address is
and (if applicable) its
Federal Employer Identification Number (FEIN) is
(If the entity has no FEIN, include the Social Security Number of the individual signing this
sworn Statement)
2. I understand that a "public entity crime" as defined in Paragraph 287.I33(1)(g), Florida
Statutes. means a violation of any state or federal law by a person with respect to and
directly related to the transaction of business with any public entity or with an agency or
political subdivision of any other state or of the United States, including, but not limited to,
any bid or contract for goods or services to be provided to any public entity or an agency or
political subdivision of any other state or of the United States and involving antitrust, fraud,
theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation.
3. I understand that "convicted" or "conviction" as defined in Paragraph 287.133(1 )(b), Florida
Statutes. means a finding of guilt or a conviction of a public entity crime, with or without
an adjudication of guilt, in any federal or state trial court of record relating to charges
brought by indictment or information after July I, 1989, as a result of a jury verdict, non-jury
trial, or entry of a plea of guilty or nolo contendere.
4. I understand that an "affiliate" as defined in Paragraph 287.133(1)(a), Florida Statutes,
means:
I. A predecessor or successor of a person convicted of a public entity crime; or
2. An entity under the control of any natural person who is active in the management of the
entity and who has been convicted of a public entity crime. The term "affiliate" includes
those officers, directors, executives, partners, shareholders, employees, members, and agents
who are active in the management of an affiliate. The ownership by one person of shares
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constituting a controlIing interest in another person, or a pooling of equipment or income
among persons when not for fair market value under an arm's length agreement, shall be a
prima facie case that one person controls another person. A person who knowingly enters
into a joint venture with a person who has been convicted of a public entity crime in Florida
during the preceding 36 months shall be considered an affiliate.
5. I understand that a "person" as defined in Paragraph 287.133(1)(e), Florida Statutes. means
any natural person or entity organized under the laws of any state or of the United States with
the legal power to enter into a binding contract and which bids or applies to bid on contracts
for the provision of goods or services let by a public entity, or which otherwise transacts or
applies to transact business with a public entity. The term "person" includes those officers,
directors, executives, partners, shareholders, employees, members, and agents who are active
in management of an entity.
6. Based on information and belief, the statement which I have rnarked is true in relation to the
entity submitting this sworn statement. (indicate which statement applies.)
Neither the entity submitting this sworn statement, nor any of its officers,
directors, executives, partners, shareholders, employees, members, or agents
who are active in the management of the entity, nor any affiliate of the entity
have been charged with and convicted of a public entity crime subsequent to
July I, 1989.
The entity submitting this sworn statement, or one or more of the officers,
directors, executives, partners, shareholders, employees, members, or agents
who are active in the management of the entity, or an affiliate of the entity
has been charged with and convicted of a public entity crime subsequent to
July 1, 1989.
The entity submitting this sworn statement, or one or more of its officers,
directors, executives, partners, shareholders, employees members, or agents
who are active in the management of the entity, or an affiliate of the entity
has been charged with and convicted of a public entity crime subsequent to
July I, 1989. However, there has been a subsequent proceeding before a
Hearing Officer of the State of Florida, Division of Administrative Hearings
and the Final Order entered by the Hearing Officer determined that it was not
in the public interest to place the entity submitting this sworn statement on
the convicted vendor list. (attach a copy ofthe final order)
I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING
OFFICER FOR THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH 1 (ONE) ABOVE
IS FOR THAT PUBLIC ENTITY ONLY AND, THAT TIDS FORM IS VALID THROUGH
DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED. I ALSO
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31
UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO
ENTERING INTO A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT
PROVIDED IN SECTION 287.017, FLORIDA STATUTES FOR CATEGORY TWO OF
ANY CHANGE IN THE INFORMATION CONTAINED IN THIS FORM.
(Signature)
(Date)
STATE OF
COUNTY OF
PERSONALLY APPEARED BEFORE ME, the undersigned authority,
, who, after first being sworn by me, affixed
his/her signature in the space provided above on this
day of
,20
NOTARY PUBLIC
My Commission Expires:
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32
SECTION VIII - PROPOSAL DOCUMENTS TO BE COMPLETED
AND RETURNED TO CITY
A. GENERAL REQUIREMENTS
I. Indicate what you are bidding on:
Specify:
a) Bid #1 Entry level and promotional Police testing
b) Police Officer Certified
c) Police Officer Non-certified
d) Police Sergeant
e) Police Lieutenant
OR
t) Bid #2 Entry level and promotional Fire testing
g) Firefighter I certified
h) Firefighter I non-certified
i) Firefighter II
j) Fire Lieutenant
k) Fire Captain
OR
I) Bid #3 Both #1 and #2
2. Describe which test components and in which order you are recommending for each
classification for the bid you are using.
B. GENERAL TIME-TABLE
I. A time schedule outlining the period of time necessary for completion of all contract
services required for this project. This wilI include, but not be limited to, the schedule
for:
a) Initiation of work after bid is awarded.
b) Completion of job analysis.
c) Delivery and administration of each selection device component.
d) Completion of scoring for each component and establishment of an eligible
register.
e) Delivery and administration of job interviews.
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f) Delivery of final reports and register of participants' overall results.
g) Ability to comply with the timetable to produce Registered results on page 10:
J. Entry level Police Officer - by August 1,2001,2002,2003,2004 and 2005
2. Entry level Firefighter - by November 1,2001,2002,2003,2004 and 2005
3. Promotional Police - by April 1,2001,2003, and 2005
4. Promotional Fire - by September 1,2002,2004, and 2006
h) Ability and plan to coordinate activities with the City to assure effectiveness of
services and efficiency of project completion.
C. JOB FUNCTION REQUIREMENTS
1. CONDUCT A THOROUGH JOB ANALYSIS FOR ALL TESTING
Describe the Job Analysis methodology to be used and explain how the functions
will be conducted.
I. Describe method of sampling for Job analysis such as:
a) use of incumbents, supervisors, administrators, outside experts.
1. expected number of each and time needed
ii. how to be selected
iii. used for what purpose(s)
b) types of tools to be utilized
1. face-to-face interviews
ii. observations
iii. paper and pencil surveys
iv. other tools
II, How will you prepare the above individuals to participate in the job analysis
III. What factors will you consider and what preparation will be made by the
proposer prior to conducting interviews and/or surveys
2. REVISE JOB DESCRIPTIONS
I.
Explain what methods will be utilized to revise the job description
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3. CONSTRUCT WRITTEN TEST (IF APPLICABLE) FOR ENTRY LEVEL
POLICE OR FIRE PROMOTIONAL TEST ONLY
1. Are you proposing a written test for:
a) Bid #1 Entry level and promotional Police testing
Police Officer Certified
Police Officer Non-certified
Police Sergeant
Police Lieutenant
OR
b) Bid #2 Entry level and promotional Fire testing
Firefighter I certified
Firefighter I non-certified
Firefighter II
Fire Lieutenant
Fire Captain
OR
c) Bid #3 Both #1 and #2
II. Describe the validation methodology to be used.
4. CONSTRUCT AND ADMINISTER BEHAVIORAL ASSESSMENT CENTER-
PROMOTIONAL POLICE AND FIRE ONLY
1. Behavioral assessment Exercises
a) What methodology and criteria will be used to select the appropriate
types of behavioral assessment exercises.
b) What methodology will be used to develop each behavioral assessment
exercise and explain how the functions will be accomplished.
c) What considerations and criteria will be used for establishing passing
scores.
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d) How will you determine if the behavioral assessment exercises include
an appropriate and representative sample of the factors to be sampled and
measured, and that they are correctly scored.
e) To what extent must assessors agree on a participant's rating(s).
II. Describe the validation methodology to be used.
5. CONSTRUCT PHYSICAL ABILITY, BEHAVIORAL ASSESSMENT CENTER,
ORAL TEST, OR OTHER APPROPRIATE SELECTION DEVICES - ENTRY
LEVEL POLICE AND FIRE ONLY
I. Behavioral assessment Exercises
a) What methodology and criteria will be used to select the appropriate
types of behavioral assessment exercises.
b) What methodology will be used to develop each behavioral assessment
exercise and explain how the functions will be accomplished.
c) What considerations and criteria will be used for establishing passing
scores.
d) How will you determine if the behavioral assessment exercises include
an appropriate and representative sample of the factors to be sampled and
measured, and that they are correctly scored.
e) To what extent must assessors agree on a participant's rating(s).
II. Give description of each classification and each examination to be used.
III. Describe the validation methodology to be used.
6. DEVELOP AND RECOMMEND METHOD OF FINAL SELECTION AND ANY
OTHER PROCESSES
J.
How will the final register and the ranking be determined?
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7. DOCUMENTATION, FOLLOW-UP AND GENERAL SERVICES
1. TASK A:
What methodology win be used to document, prepare comprehensive
monthly progress and final reports, and provide copies to the City of all
material, methodologies, individuals involved, and steps utilized to provide
these services as wen as a copy of all data obtained.
II. TASKB:
What methodology win be used to document that the selection devises are
valid and reliable measurement instruments and that acceptable and
defensible statistical and other methods were applied.
III. TASK C:
What methodology will be used to prepare documentation and testimony to
appear in court or before any regulatory authorities or bodies and provide
testimony as an expert witness in conjunction with any challenges, appeals,
suits, or grievances which might arise from providing the proposed services.
IV. TASK D: General Services
a) How wi\l you remain available on an as-needed basis to answer any
questions or clarify or interpret the data of any individual's results.
b) What methodology win be used to provide supplemental written
material and training to City personnel to facilitate the use of the
Behavioral assessment Center results and reports.
c) What methodology will be used to defend and/or represent the City
and testify on the City's behalf if any claims or allegations are made
regarding the services provided including, but not limited to, the
validity of the test battery or evaluation methods or results.
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d) What methodology win be used to maintain all raw test results and
notes with respect to each individual evaluated for the time period set
forth in Florida records retention or other applicable laws or as
specified by the City, whichever is greater.
37
e) What methodology will be used to research and investigate to insure
that all tests, procedures, results, and interpretations are valid,
reliable, cross-cultural, and legally defensible for the purpose used.
f) What methodology will be used to submit a report summarizing
evaluation and test results, including an analysis by ethnicity/race,
gender, and age showing adverse impact, of any, of each component
and of entire selection process and giving recommendations for future
reduction of any adverse impact.
g) What methodology will be used to document that the entire selection
process is valid and meets all required criteria.
8. EXPERIENCE OF THE PROPOSER IN ENTRY LEVEL POLICE AND FIRE
TESTING, AND PROMOTIONAL TESTING
1. Describe all specific technical and professional individuals who will perform
any work on the City's contract. Provide a resume for each named individual
which includes:
a) name of individual and current title.
b) tasks to be assigned.
c) name of firm with which currently associated and years of service.
d) description of experience (with current or previous employers) related to
these services including names of employers and clients, scope of
services, description of methodology used, role and level of
responsibilities, dates of employment and services.
e) description of projects (with current or previous employers) in which the
individual conducted job analysis, developed job specifications,
developed oral test, developed section interview devices, and/or validated
selection process. Note which projects were for firefighting or law
enforcement classifications, were used as a basis for selecting individuals
for appointment, or were performed for civil service or merit system
classifications.
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f) describe firefighting and law enforcement training and experience.
g) education and training.
h) any other experience, qualifications, and licenses relevant to the proposed
services
i) two (2) related references (individual's name and telephone number) for
key individuals.
II. Indicate the percentage of each individual's time which will be devoted to the
services.
III. Name any consulting or other assistants you would utilize for the project. For
each consultant named, indicate in-house or outside firm, name key
individual, and list five (5) projects similar to scope of these services which
the individual or firm was associated with. For these five (5) projects, name
a reference (individual's name and telephone number).
9. DESCRIPTION OF EXAMINATIONS TO BE USED FOR EACH
CLASSIFICATION
I. Describe the overall processes and examinations that will be used for each
classification you are bidding on. Be specific. Describe each part.
Ex. Certified Firefighter = Physical Ability + Behavioral assessment Center.
II.
Provide a complete detailed operational description of all proposed
methodologies and procedures for carrying out the work and meeting the
requirements of the RFP, including, but not limited to:
III.
Communication and coordination with City personnel.
IV.
Name and full description of each methodology to be utilized and reason(s)
for selecting each. Include evidence that referenced methodologies and
procedures have court tested or otherwise documented and demonstrated
acceptance, reliability, and validity for intended use.
V.
Specific sequence of procedures to be used and the time frame associated
with each procedure.
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VI. Interim and final report format for each Task including narrative information
to be provided. A sample report should be included.
VII. Identify the steps which will be taken to ensure that all behavioral assessment
exercises are the proper complexity level, unambiguous, reasonable, fair,
valid and defensible.
10. VALIDATION EXPERIENCE, DEFENSE OF PASSING SCORE, DESCRIPTIVE
ANALYSIS
I. Identify the summary or descriptive analyses or statistics which win be
utilized and provided to the City, which may include, but are not limited to:
a) reliability
b) standard deviation
c) standard estimate of error and/or measurement
d) adverse impact, disparate treatment
e) central tendencies (mean, median, mode)
f) difficulty and discrimination indexes
g) others
II. Which of the above will also be reported by sub-test and/or subgroup such as
ethnicity/national origin, gender, age, etc.
11. RECOGNITION OF AND ADHERENCE TO LAWS, GUIDELINES, AND
PROFESSIONAL STANDARDS
I.
Identification of Federal, state, and local laws, regulations, and guidelines and
professional industry standards which will be taken into consideration in
performing the services and what procedures will be employed to ensure
adherence.
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12. PROBLEM ANTICIPATION AND RESOLUTION AND RESPONSIVENESS TO
APPLICANT CHALLENGES
1. Identification of steps to be taken to prevent adverse impact, discrimination,
challenges, and litigation, especially those concerning age, citizenship or
intending citizenship status, color, disability, family status, gender, marital
status, national origin, race, religion, or sexual orientation, regarding each
service to be provided; and to insure that all procedures/tools are job-related,
reasonable, and defensible.
II. Identification of any problems you anticipate in providing the contemplated
services as requested; and how you propose to resolve the problems.
13. PROJECT SECURITY
1. Detail the security measures which will be taken by the firm to ensure that no
person(s), other than the proposed team and those designated by the City's
Personnel Director, shall have access to any information regarding the
selection devices, selection device items, development materials,
answers/desired responses, or any related materials. Be sure to include
specifics regarding:
a) selection device development plan and materials
b) typing, proofing, reviewing, and editing
c) printing
d) delivering
e) sconng
f) analyzing selection device and item statistics
II.
Describe the measures which will be taken to safeguard the rating sheets.
III.
Describe how the firm proposes to ensure that the selection device items for
this project have not been used and will not be used in whole or in part by
any other past, present, or future client or any other agency or individual.
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IV. Describe the security measures which will be taken in written and verbal
communications among those to be working on proposed project and in
written and verbal communications to the City.
V. List any additional steps proposed to protect the security and credibility of the
project.
14. LITIGATION EXPERIENCE, PROBLEM ANTICIPATION AND RESOLUTION
1. Has the proposer firm been involved in past or pending grievances,
challenges, appeals, suits, or other litigation before any court, regulatory
authority, or board arising from job analysis and selection device
development services? If yes, give details including dates, circumstances,
identification of parties involved, charges, and outcome.
II. Regarding job analysis and selection device development, has any member
of the proposed project team been involved in past or pending grievances,
challenges, appeals, suits, or other litigation before any court, regulatory
authority, or board?
III. If yes, give details including dates, circumstances, identification of parties
involved, charges, and outcome.
IV. Describe individual's role and responsibility in preparing documentation and
testimony and in providing testimony as an expert witness.
15. PRICE BREAK DOWN
1.
Provide the cost of all services outlined in the request, with a detailed
breakdown of related charges, which are subject to negotiation by the City.
Include all fees, expenses, and/or payments to the firm during the contract
for requested services including, but not limited to, the cost of all individuals
to participate in or support the services; typing; printing; copying; phone
calls; and other costs incidental to providing these services.
II.
Any proposed charges for special services (for example, expert witness
appearances) which are not included in the lump sum fee should be detailed
within proposal and entered in the appropriate space(s) on the proposal page.
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BID #
Bid #1
Bid #2
Bid #3
CLASSIFICATIONS
TEST COMPONENTS
TOTAL COST
$
$
$
$
$
Police Officer Non-Certified
Police Officer Certified
Police Sergeant
Police Lieutenant
TOTAL BID - POLICE
$
$
$
$
$
$
$
$
16. QUALIFICATIONS AND EXPERIENCE OF PROFESSIONAL AND
TECHNICAL PERSONNEL, INCLUDING AMOUNT OF WORK TO BE
SUBCONTRACTED
I. Identify all staff members of the firm who will perform any work related to
the proposed services, the tasks each win perform, and the experience,
qualifications, and licenses of each; include any other data which would be
pertinent in meeting the City's need for the proposed services.
II. Identify an sub-consultants and other assistants who are to participate in the
services including the respective tasks they are to perform and their
experience, qualifications, and licenses.
III. Supply supporting statements indicating the firm is an equal opportunity
employer and has an Affirmative Action program and is an Equal
Opportunity Employer.
VI. Address of office to perform work, if different from Item A.
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Firefighter I Non Certified
Firefighter I Certified
Firefighter II
Fire Lieutenant
Fire Captain
TOTAL BID - FIRE
All of the above
TOTAL BID. POLICE & FIRE
IV. Firm (or Joint Venture) Name and Address.
V. Name, Title, and Telephone number of two contact.
VII. If submittal is by Joint Venture, list participating firms and outline specific
areas of responsibility (including administrative, technical, and financial) for
each firm.
The following items deal with management of the services:
I. Provide your proposed organizational chart illustrating the functional
relationship between you and all others who will work on these services.
Show the names of all individuals who will be working on these services,
lines of authority, and assignments of responsibility. Indicate the expected
participation of upper level management. Be sure to indicate the names and
duties of individuals to be assigned, location of offices, and methods of
communicating information
II. Describe how any consultants or other assistants will be integrated into the
above organization
III. State the priority to be assigned to providing these services within your
organization(s) - Include a statement as to what effect your current and
anticipated workloads will have on your ability to perform this work
IV. Bibliography of your five most recent (and two current) comparable projects
in which services were rendered under the same name as the firm submitting
the proposal (any deviation from this must be accompanied by evidence
which demonstrates that the principal members of the firm credited with the
project in the bibliography are substantially the same as those submitting the
proposal. The City of Miami Beach has the right to accept or reject such
evidence). Each project listed in the bibliography shall include the following
information:
a) name of client/government agency
b) description of services provided and methodologies and analyses utilized
c) cost of project
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d) scope of specific service(s) performed by the firm submitting the proposal
(include classification titles). Describe any of the projects in which the
firm conducted job analysis, developed job specifications, developed oral
tests, developed selection interview devices, and/or validated selection
process. Note any projects which were for firefighting or law
enforcement classifications, were a basis for selecting individuals for
appointment, or were performed for civil service or for merit system
classifications
e) identify all individuals who will be working on the proposed services
including the respective tasks they performed and the percentage of
individuals' time which was devoted to the services
f) whether or not the firm was the principal firm in charge of services or, if
not, the name of the principal firm
g) date services were completed or proposed completion date
h) references in the form of a contact person familiar with the services
performed by the firm; list name, address, and phone number of contact
person.
In the case of team submittals or joint venture submittals, the
bibliography shall clearly specify which individual firm was responsible
for the project listed
i) original schedule for project completion and actual time it took to
complete project.
45
17. TIMELINES FOR ALL TEST COMPONENTS FROM START TO FINISH
Based on all the test components you are suggesting, fill in the timelines requested
by number of days (based on M-F work week) to complete from start to finish.
Tested Positions Job Analysis/ Test Results to Other: Total #
Job Description! Administration City of of days
Validation for all test Miami
components Beach
Bid #1
Police Officer Non-Certified
Police Officer Certified
Police Sergeant
Police Lieutenant
Bid #2
Firefighter I Non Certified
Firefighter I Certified
Firefighter II
Fire Lieutenant
Fire Captain
Bid #3
All of the above
18. INSURANCEIDIVERSIFICATION OF INCOME
I.
The City contract will comprise what percent of the proposer's income?
II.
What type of insurance does the proposer currently possess?
III.
What is the amount of the proposer's current insurance?
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DISABILITY NONDISCRIMINATION AFFIDAVIT
CONTRACT REFERENCE
NAME OF FIRM, CORPORATION, OR ORGANIZATION
AUTHORIZED AGENT COMPLETING AFFIDAVIT
POSITION
PHONE NUMBER ( )
I,
, being duly first sworn state:
That the above named firm, corporation or organization is in compliance with and agrees to continue to comply with, and
assure that any subcontractor, or third party contractor under this project complies with all applicable requirements of the laws
listed below including, but not limited to, those provisions pertaining to employment. provision of programs and services,
transportation, communications, access to facilities, renovations, and new construction.
The Americans with Disabilities Act of1990 (ADA): Pub. L. 101-336, 104 Stat 327, 42 U.s.C. 12101-12213 and 47 U.S.C.
Sections 225 and 611 including Title I, Employment; Title n, Public Services; Title Ill, Public Accommodations and Services
Operated by Private Entities; Title IV, Telecommunications; and Title V, Miscellaneous Provisions.
The Rehabilitation Act of 1973: 29 U.S.C. Section 794.
The Federal Transit Act, as amended: 49 U.S.c. Section 1612.
The Fair Housing Act as amended: 42 U.S.c. Section 3601-3631.
Signature
Date
SUBSCRIBED AND
on by
(Date)
SWORN TO
(or
affirmed)
before
me
(Affiant)
He/She is personally known to me or has presented
identification.
as
(Type ofidentification)
(Signature of Notary)
(Serial Number)
(Print or Stamp Name of Notary)
(Expiration Date)
Notary Public
(State)
(Seal of Notary
Public)
The City of Miami Beach will not award a contract to any firm, corporation or organization that fails to complete and submit
this Affidavit with the firm, corporation or organization's bid or proposal or fails to have this Affidavit on file with the City
of Miami Beach.
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PROPOSER INFORMATION
Submitted by:
Proposer (Entity):
Signature:
Name (Typed):
Address:
City/State:
Telephone:
Fax:
It is understood and agreed by proposer that the City reserves the right to reject any and all proposals, to make
awards on all items or any items aeeording to the best interest of the City, and to waive any irregularities in the
RFP or in the proposals reeeived as a result of the RFP. It is also understood and agreed by the proposer that
by submitting a proposal, proposer shall be deemed to understand and agree than no property interest or legal
right of any kind shall be ereated at any point during the aforesaid evaluation/selection proeess until and unless
an agreement has been agreed to and signed by both parties.
(Authorized Signature)
(Date)
(printed Name)
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48
REQUEST FOR PROPOSALS NO. 130-99/00
ACKNOWLEDGMENT OF ADDENDA
Directions: Complete Part I or Part II, whichever applies.
Part I: Listed below are the dates of issue for each Addendum received in connection with this RFP:
Addendum No.1, Dated
Addendum No.2, Dated
Addendum No.3, Dated
Addendum No.4, Dated
Addendum No.5, Dated
Part II:
No addendum was received in connection with this RFP.
Verified with Procurement staff
Name of staff
Date
(Proposer - Name)
(Date)
(Signature)
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49
DECLARATION
TO: Jorge Gonzalez
City Manager
City of Miami Beach, Florida
Submitted this _ day of
,2000.
The undersigned, as proposer, declares that the only persons interested in this proposal are named herein; that no other
person has any interest in this proposal or in the Agreement to which this proposal pertains; that this proposal is made
without conoection or arrangement with any other person, company, or party making a proposal; and that this proposal
i, in every respect fair and made in good faith, without collusion or fraud.
The proposer further agrees that he/she has complied in every respect with all of the Instructions to Proposers issued
prior to the opening of proposals, and that he/she has satisfied himself fully relative to all matters and conditions with
respect to the general condition of the contract to which the propos~l pertains.
The proposer agrees if this proposal is accepted, to execute an appropriate City of Miami Beach document for the
purpose of establishing a formal contractual relationship between the proposer and the City of Miami Beach, Florida,
for the performance of all requirements to which the proposal pertains.
The proposer states that the proposal is based upon the request for proposal documents identified by the following
number: RFPNo. 130-99/00
SIGNATURE
PRINTED NAME
TITLE (IF CORPORATION)
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50
Proposer's Name:
Principal Office Address:
Offieial Representative:
Individual
Partnership (Circle One)
Corporation
If a Corooration. answer this:
When Incorporated:
In what State:
If Foreilm Corooration:
Date of Registratioo with
Florida Secretary of State:
Name of Resident Agent:
Address of Resideot Agent:
President's Name:
Viee-President's Name:
Treasurer's Name:
Members of Board of Directors:
If a Partoershio:
Date of organization:
General or Limited Partnership.:
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QUESTIONNAIRE
51
Ouestionnaire (continued)
Name and Address of Each Partner:
NAME
ADDRESS
. Designate general partners in a Limited Partnership
I. Number of years of relevant experience in operating similar business:
2. Have any similar agreements held by proposer for a project similar to the proposed project ever been
canceled?
Yes ( )
No ( )
If yes, give details on a separate sheet.
3. Has the proposer or any principals of the applicant organization failed to qualify as a responsible bidder,
refused to enter into a contract after an award has been made, failed to complete a contract during the
past five (5) years, or been declared to be in default in any contract in the last 5 years?
If yes, please explain:
4. Has the proposer or any ofits principals ever been declared bankrupt or reorganized under Chapter 11
or put into receivership?
If yes, give date, court jurisdiction, action taken, and any other explanation deemed necessary.
5. Person or persons interested in this bid and Qualification Form _(have) (have not) been
convicted by a Federal, State, County, or Municipal Court of any violation of law, other than traffic
violations. To include stockholders over ten percent (10%). (Strike out inappropriate words)
Explain any convictions:
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6. Lawsuits (any) pending or completed involving the corporation, partnership or individuals with more
than ten percent (10%) interest:
A. List all pending lawsuits:
Ouestionnaire (continued)
B. List all judgments from lawsuits in the last five (5) years:
C. List any criminal violations and/or convictions of the proposer and/or any of its principals:
7. Conflicts ofInterest. The following relationships are the only potential, actual, or perceived conflicts or
interest in connection with this proposal:
(If none, so state.)
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Tbe proposer understands that information contained in this Questionnaire will be relied upon by the
City in awarding the proposed Agreement and such information is warranted by the proposer to be true. The
undersigned proposer agrees to furnish such additional information, prior to acceptance of any proposal relating
to the qualifications of the proposer, as may be required by the City Manager.
The proposer further understands that the information contained in this questionnaire may be confirmed through
a background investigation conducted by the Miami Beach Police Department. By submitting this questionnaire
the proposer agrees to cooperate with this investigation, including but Dot necessarily limited to fingerprinting
and providing information for credit check.
WITNESSES:
IF INDIVIDUAL:
Signatnre
Signature
Print Name
Print Name
WITNESSES:
IF PARTNERSHIP:
Signature
Print Name of Firm
Print Name
Address
By:
Signature
(General Partner)
(print Name)
(print Name)
WITNESSES:
IF CORPORATION:
Signature
Print Name of Corporation
Print Name
Address
By:
President
Attest:
Secretary
(CORPORATE SEAL)
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DIVISION 4
PROCUREMENT
Sec. 2-486. Cone of silence.
(a) Contracts for the provision of goods and services other than audit contracts.
(1) Definition. "Cone of silence" is hereby defined to mean a prohibition on:
(a) Any communication regarding a particular request for proposal ("RFP"), request
for qualifications ("RFQ"), request for letters of interest ("RFLI"), or bid
between a potential vendor, service provider, bidder, lobbyist, or consultant and
the City's professional staff including, but not limited to, the city manager and
his or her staff; and
(b) Any communication regarding a particular RFP, RFQ, RFLI, or bid between the
Mayor, City Commissioners, or their respective staffs, and any member of the
City's professional staff including, but not limited to, the City Manager and his
or her staff. Notwithstanding the foregoing, the cone of silence shall not apply
to competitive processes for the award of CDBG, HOME, SHIP and Surtax
Funds administered by the city office of community development, and
communications with the city attorney and his or her staff.
(2)Procedure.
(a). A cone of silence shaH be imposed upon each RFP, RFQ, RFLI, and bid after
the advertisement of said RFP, RFQ, RFLI, or bid. At the time of imposition of
the cone of silence, the city manager or his or her designee shall provide for
public notice of the cone of silence. The City Manager shall include in any
public solicitation for goods and services a statement disclosing the
requirements of this division.
(b). The cone of silence shall terminate a) at the time the City Manager makes his
or her written recommendation as to selection of a particular RFP, RFQ, RFLI,
or bid to the City Commission; provided, however, that if the City Commission
refers the Manager's recommendation back to the City Manager or staff for
further review, the cone of silence shall be reimposed until such time as the
Manager makes a subsequent written recommendation, or b) in the event of
contracts for less than $10,000.00, when the City Manager executes the contract.
(3) Exceptions. The provisions of this ordinance shall not apply to oral
communications at pre-bid conferences, oral presentations before evaluation
committees, contract discussions during any duly noticed public meeting, public
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presentations made to the City Commissioners during any duly noticed public
meeting, contract negotiations with city staff following the award of an RFP,
RFQ, RFLI, or bid by the City Commission, or communications in writing at any
time with any city employee, official or member of the City Commission, unless
specifically prohibited by the applicable RFP, RFQ, RFLI, or bid documents. The
bidder or proposer shall file a copy of any written communications with the City
Clerk. The City Clerk shall make copies available to any person upon request.
(b) Audit contracts.
(1) "Cone of silence" is hereby defined to mean a prohibition on: (a) any
communications regarding a particular RFP, RFQ, RFLI, or bid between a
potential vendor, service provider, bidder, lobbyist, or consultant and the Mayor,
City Commissioners or their respective staffs, and any member of the City's
professional staff including, but not limited to the City Manager and his or her
staff, and (b) any oral communication regarding a particular RFP, RFQ, RFLI, or
bid between the Mayor, City Commissioners or their respective staffs and any
member of the City's professional staff including, but not limited to, the City
Manager and his or her staff. Notwithstanding the foregoing, the cone of silence
shall not apply to communications with the City Attorney and his or her staff.
(2) Except as provided in subsections (b)(3) and (b)(4) hereof, a cone ofsilence shall
be imposed upon each RFP, RFQ, RFLI, or bid for audit services after the
advertisement of said RFP, RFQ, RFLI, or bid. At the time of the imposition of
the cone of silence, the City Manager or his or her designee shall provide for the
public notice of the cone of silence. The cone of silence shall terminate a) at the
time the city manager makes his or her written recommendation as to the selection
of a particular RFP, RFQ, RFLI, or bid to the city commission; provided,
however, that if the City Commission refers the Manager's recommendation back
to the City Manager or staff for further review, the cone of silence shall be
reimposed until such time as the Manager makes a subsequent written
recommendation, or b) or in the event of contracts for less than $10,000.00, when
the City Manager executes the contract.
(3) Nothing contained herein shall prohibit any bidder or proposer: (i) from making
public presentations at duly noticed pre-bid conferences or before duly noticed
evaluation committee meetings; (ii) from engaging in contract discussions during
any duly noticed public meeting; (iii) from engaging in contract negotiations with
City staff following the award of an RFP, RFQ, RFLI, or bid for audit by the city
commission; or (iv) from communicating in writing with any city employee or
official for purposes of seeking clarification or additional information from the
city or responding to the city's request for clarification or additional information,
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(4) subject to the provisions of the applicable RFP, RFQ, RFLI, or bid documents.
The bidder or proposer shall file a copy of any written communication with the
City Clerk. The City Clerk shall make copies available to the general public upon
request.
(5) Nothing contained herein shall prohibit any lobbyist, bidder, proposer, or other
person or entity from publicly addressing the City Commissioners during any duly
noticed public meeting regarding action on any audit contract. The City Manager
shall include in any public solicitation for auditing services a statement disclosing
the requirements of this division.
( c) Violations/penalties and procedures. An alleged violation of this section by a particular
bidder or proposer shall subj ect said bidder or proposer to the same procedures set forth in
section 2-457, shall render any RFP award, RFQ award, RFLI award, or bid award to said
bidder or proposer void, and said bidder or proposer shall not be considered for any RFP,
RFQ, RFLI or bid for a contract for the provision of goods or services for a period of one
year. Any person who violates a provision of this division shall be prohibited from serving
on a City evaluation committee. In addition to any other penalty provided by law, violation
of any provision of this division by a city employee shall subject said employee to
disciplinary action up to and including dismissal. Additionally, any person who has personal
knowledge of a violation of this division shall report such violation to the state attorney
and/or may file a complaint with the county ethics commission.
(Ord. No. 99-3164, 1,1-6-99)
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ORDINANCE NO 2000-3234
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 2, ARTICLE VI, ENTITLED "PROCUREMENT",
BY CREATING DIVISION 5, ENTITLED "DEBARMENT", SECTIONS 2-397 THROUGH 2-406 OF THE CODE
OF THE CITY OF MIAMI BEACH, FLORIDA, PROVIDING FOR DEBARMENT OF CONTRACTORS FROM
CITY WORK; PROVIDING FOR SEVERABILITY; CODIFICATION; REPEALER; AND AN EFFECTIVE DATE.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA:
SECTION I. Miami Beach City Code, Chapter 2, entitled "Administration", Article VI, entitled "Procurement", is
hereby amended by adding the following Division 5, entitled - "Debarment of Contractors from City
Work" reading as follows:
Division 5. Debarment of contractors from City work.
Section 2-397 Puroose of debarment.
(a) The City shall solicit offers from. award contracts to. and consent to subcontractors with reSDonsible contractors onlv:
To effectuate this police. the debarment of contractors from City work mav be undertaken.
(b) The serious nature of debarment reauires that this sanction be imposed onlv when it is in the public interest for the
City's protection. and not for purooses of punishment. Debarment shall be imposed in accordance with the procedures
contained in this ordinance.
Section 2-398 Definitions.
(a)Affiliates. Business concerns. organizations. lobbvists or other individuals are affIliates of each other if, directlvor
indirectlv. (i) either one controls or has the power to control the other. or (ii) a third part controls or has the power to
control both. Indicia of control include. but are not limited to. a fiduciary relation which results from the manifestation
of consent bv one individual to another that the other shall act on his behalf and subiect to his control, and consent bv
the other so to act: interlocking management or ownership; identity of interests among familv members: shared facilities
and eauipment: common use of emplovees; or a business entity organized by a debarred entity, individual, or affiliate
following debarment of a contractor that has the same or similar management. ownership. or principal emplovees as
the contractor that was debarred or suspended.
(bi Civil iudllment means a iudl!Illent or rmding of a civil offense bv anv court of competent iurisdiction.
(c) Contractor means anv indiyidual or other legal entity that:
(I) Directlv or indirectlv (e.g. through an affiliate). submits
offers for is awarded.. or reasonably mav be expected to submit offers or be awarded a City contract. including. but not
limited to vendors. suppliers. providers. bidders. proposers. consultants. and/or desien professionals. or
(2) Conducts business or reasonable man be exoected to conduct business. with the City as an agent., representative or
subcontractor of another contractor.
(d) Conviction means a iudgement or conviction of a criminal offense. be it a felonv or misdemeanor. by anv court of
competent iurisdiction. whether entered upon a verdict or a plea. and includes a conviction entered upon a plea of nolo
contendere
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(e) Debarment means action taken bv the Debarment Committee to exclude a contractor (and. in limited instances
soecified in this ordinance. a bidder or oroooser from City contractin2 and City aooroved subcontractin2 for a
reasonable. soecified oeriod as orovided in subsection Ii) below: a contractor so excluded is debarred.
(j) Debarment Committee means a grOUO of seven (7) individual members. each aooointed by the Mayor and
individual City Commissioners. to evaluate and. if warranted. to imoose debarment.
(g) f'1oe68'''ie....J188 Greater weillht of the evidence means vroof bv information that. comvared with that ovvosinll it
,leads to the conclusion that the fact at issue is more vrobablv true than not.
(h) Indictment means indictment for a criminal offense. An infonnation or other filing bv comoetent authority charging
a criminal offense shall be given the same effect as an indictment.
(i) Lellal vroceedinll means anv civil iudicial oroceeding to which the City is a Darty or anv criminal oroceeding. The
tenn includes aooeals from such oroceedings.
(j) List of debarred contractors means a list comoiled. maintained and distributed bv the City, Procurement Office.
containing the names of contractors debarred under the orocedures of this ordinance.
Section 2-399 List Of debarred contractors.
(a) The Otv's Procurement Office. is the al!encv charl!ed with the Imvlementation of this ordinance shall:
(J) Comoile and maintain a current. consolidated list (List) of all contractors debarred bv Citv deoartments, Such
List shall be oublic record and shall be available for oublic insoection and dissemination:
(2) Periodicallv revise and distribute the List and issue suoolemenls, if necessary. to all deoartments. to the Office
of the Citv Manaller and to the Movor and Citv Commissioners: and
(3) Included in the List shall be the name and teleohone number of the Citv official resoonsible for its maintenance
and distribution.
(h) The List shall indicate:
(J) The names and addresses of all contractors debarred In alohabetical order:
(2) The name of the deoartment that recommends initiation of the debarment action:
(3) The cause for the debarment action, as is further described herein. or other statutory or rellUlatorv authoritv:
(4) The effect of the debarment action:
(5) The termination date for each listinll:
(6) The contractor's certificate of comoetellCe or license number. when aoolicable:
(7) The oerSOn throuflh whom the contractor is aualified. when avolicable:
(8) The name and te/eohone number of the ooint of contact in the deoartment recommendilll! the debarment action.
(c) The Citv's Procurement Office shall:
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(1 I In accordance with internal retention CJrocedures. maintain records relatin!! to each debarment:
(21 Establish procedures to CJrovidefor the effective use of the List, includin!! internal distribution thereof. to ensure
that devartments do not solicit offers from. award contracts to. or consent to subcontracts with contractors on the
List: and
(3) Respond to inQuiries concernin!! listed contractors and coordinate such resCJonses with the department that
recommended the action.
Section 2-400 Effect of debarment.
(al Debarred contractors are excluded from receivin!! contracts. and devartments shall not solkit offers from. award
contracts to, or consent to subcontracts with these contractors. unless the City Mana!!er determines that an
emer!!ency exists iustifvin!! such action. and obtains aCJproval from the Mavor and City Commission, which aCJCJroval
shall be !!iven by 517ths vote of the City Commission at a ref!Ularly scheduled City Commission meetin!!. Debarred
contractors are also excluded from conductin!! business with the City as a!!ents, reCJresentatives subcontractors or
oartners of other contractors.
(b I Debarred contractors are excluded from actin!! as individual sureties.
Section 2-401 Continuation of current contracts.
(a) Commencin!! on the effective date of this ordinance. all vrovosed City contracts. as well as ReQuest for
Proposals (RFP). ReQuest for o.ualifications (RFo.I. ReQuests for Letters of Interest (RFLlI. or bids issued be the
City. shall incorCJorate this ordinance and svecifv that debarment may constitute 1l1'0unds for termination of the
contract as well as diSQualification from consideration on any RFP. RFo. RFLI. or bid
(bl The debarment shall take effect in accordance with the notice vrovided by the City Mana!!er vursuant to
subsection 2-405(hl below. excevt that if a City devartment has contracts or subcontracts in existence at the time
the contractor was debarred the debarment veriod may commence uvon the conclusion of the contract. subiect to
apCJroval of same be 517ths vote of the Mayor and City Commission at a re!!ularly scheduled meetinl!.
(cl City devartments may not renew or otherwise extend the duration of current contracts. or consent to subcontracts
with debarred contractors, unless the City Manal!er determines that an emer!!encv exists iustifvinl! the renewal or
extension or for an aooroved extension due to delay or time extension for reasons beYond the contractor's control.
and such action is apvroved by 5/7ths vote of the Mayor and City Commission at a ref!Ularly scheduled meetinl!.
(dl No further work shall be awarded to a debarred contractor in connection with a continuinl! contract, where the
work is divided into sevarate discrete I!rouvs and the City's refusal or denial offurther work under the contract will
not result in a breach of such contract.
Section 2-402 Restrictions on subcontractinl!.
(al When a debarred contractor is vrovosed as a subcontractor for any subcontract subiect to City approval. the
deoartment shall not consent to subcontracts with such contractors unless the Citv Mana~er determines that an
emerflenCV exists iustifying such consent. and the Mavor and Citv Commission aoproves such decision. bv 5/7ths
vote. at a ref!Ularly scheduled meetinl!.
(bl The City shall not be resvonsible for any increases in vroiect costs or other exvenses incurred by a contractor
as a result of reiection of vrovosed subcontractors vursuant to subsection 2-402(al above, provided the
subcontractor was debarred orior to bid oDenin~ or ooeninJ! of oroposals. where the contract was awarded be the
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Citv pursuant to an RFP. RFo. RFLl. or bid.
Section 2-403 Debarment.
(a) The Debarment Committee may. in the public interest. debar a contractor for anv of the causes listed in this
ordinance. usiml the procedures outlined below. The existence of a cause for debarment. however. does not
necessari/v reauire that the contractor be debarred: the seriousness of the contractor's acts or omissions and anv
miti\!atin\! factors should be considered in makin\! anv debarment decision.
(hI Debarment constitutes debarment of all officers, directors. shareholders owninll or control/inll twen/V-fTVe (251
percent of the stock. partners, divisions or other or\!anizational elements of the debarred contractor, unless the
debarred decision is limited bv its terms to soecific divisions. orf!anizational elements or commodities. The
Debarment Committee's decision includes anv existinll affiliates of the contractor. ifthev are m svecificallv named
and (iiJ f!iven written notice of the oroposed debarment and an opportunity to respond. pfi.tJHte afHl.itilte6 sf t.'te
8S)f#'6IfNe:1' 3."Al! 311/8.\..126/ 10 !.Ite ])e.kS.VHS:,t Ca;iff.'1,ittae's tJeeisiBlf.
(cl A contractor's debarment shall be effective throullhout Otv Government.
Section 2-404 Causes for debarment
(al The Debarment Committee shall debar a contractor for a conviction or civil iudllment,
(1 I For commission of a fraud or a criminal offense in connection with obtainin\!. attemptinll to obtain, performinll.
or makinll a claim upon a public contract or subcontract. or a contract or subcontract funded in whole or in part with
public funds:
(2) For violation of federal or State antitrust statutes relatin\! to the submission of offers:
(3) For commission of embezzlement, theft. for\!ery. bribery. falsification or destruction of records. makin\! false
statements. or receivinJl stolen orooertv:
(4) Which makes the Citv the prevailin\! partv in a le\!al proceedin\!. and a court determines that the lawsuit between
the contractor and the Citv was frivolous or filed in bad faith.
(b) The Committee may debar a contractor. (and, limited instances set forth hereinbelow. a bidder or proposerl
based upon a e""8anSe."6lWe the f!T'eater wei\!ht of the evidence. for:
(1 I Violation of the terms of a Citv contract or subcontract. or a contract or subcontract funded in whole or in part bv
Citv funds. such as failure to verform in accordance with the terms of one (1) or more contracts as certified by the Citv
devartment administerinf! the contract: or the failure to oerform. or unsatisfac/ori/v oerform in accordance with the
terms of one (J) or more contracts. as certified bv an indeoendent re~istered architect. entzineer. or ~eneral contractor.
(2) Violation of a Citv ordinance or administrative order which lists debarment as a potential penaltv.
/3) .1.1V 81.fie.~ S61Mfe 11'.~.ieJI afft.:>e/.r the ."VM5B!lfiki!#r sf s CHi' S8:fIrast'8.~ a.~ &rJ;sa:rt;61s1o? i.1 lJ6tcfanHhff CHi'111Bi~!.
Section 2-405 Debarment procedures.
(al ReQuests for the debarment of contractors may be initiated by a Citv Department or bv a c1tizen-at lar\!e and shall
be made in writinll to the Office of the Citv Manaller. Upon receipt of a reQuest for debarment. the Citv Manaller shall
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transmit the request to the Mayor and Citv Commission at a rel!Ularlv scheduled meetinll. The Mayor and City
Commission shall transmit the request to a verson or versons who shall be charlled bv the City Commission with the
duty of oromDtlv investiflatimz and DreDarinf! a written reoort(s) concerning the proposed debarment. includinf! the
cause and flrounds for debarment. as set forth in this ordinance.
(b) Uvon comvletion of the aforestated written revort. the City Manaller shall forward said revort to the Debarment
Committee. The City's Procurement Office shall act as staff to the Debarment Committee and, with the
assistance of the CiR' sle6swlfl18nt oerson or persons which nreDared the reDort. Dresent evidence and arwment
to the Debarment Committee
(c) Notice ofvrovosal to debar. Within ten workinll days of the Debarment Committe havinll received
the request for debarment and written revort. the City's Procurement Office, on behalf of the Debarment Committee
shall issue a notice of vrovosed debarment advisin!! the contractor and any svecificallv named affiliates. bv
certified mail. return receipt reauested or personal service. containinf! the fol/owiml information:
(1) That debarment is beinll considered:
(2) The reasons and causes for the vrovosed debarment in terms sufficient to vut the contractor and any named
affiliates on notice of the conduct or transactionM uvon which it is based:
(3) That a hearinll shall be conducted before the Debarment Committee on a date and time not less than thirty (30)
d!!J!Lafter service of the notice. The notice shall also advise the contractor that it may be revresented bv an
attornev. may Dresent documentary evidence and verbal testimonv. and may cross-examine evidence and
testimonv oresented aflainst it.
(4) The notice shall also describe the effect of the issuance of the notice ofvrovosed debarment, and of the votential
effect of an actual debarment.
(d) No later than seven (7) workin!! davs, vrior to the scheduled hearinll date, the contractor must fUrnish the Citv's
Procurement Office a list of the defenses the contractor intends to vresent at the hearinll. If the contractor fails
to submit the list, in writin!!. at least seven (7) workinll days vrior to the hearinll or fails to seek an extension
of time within which to do so, the contractor shall have waived the ovvortunitv to be heard at the hearin!!. The
Debarment Committee has the rillht to want or deny an extension of time. and for Ilood cause, may set aside
the waiver to be heard at the hear/nfl. and its decision mav onlv be reviewed upon an abuse of discretion
standard.
(ei Hearsay evidence shall be admissible at the hearinll but shall not form the sole basis for initiatinll a debartnent
vrocedure nor the sole basis of any determination of debarment. The hearin!! shall be transcribed. taved or
otherwise recorded bv use of a court revorter, at the election Committee and at the exvense of the City.
CODies of the hearing tave or transcriat shall be furnished at the exDense and reQuest of the reQuesting
IlS!!:lli.
(n Debarment Committee's decision. In actions based UDon a conviction or iudf!ment. or in which there is no f!enuine
disvute over material facts. the Debarmerment Committee shall make a decision on the basis of all the
undisDuted. material information in the administrative record inc/udinf! anY undisputed. material submissions
made bv the contractor. Where actions are based on disvuted evidence. the Debarment Committee shall decide
what weillht to attach to evidence of record, iudlle the credibility of witnesses, and base its decision on the
lJr8f'J8"""""'We Ilreater weilzht of the evidence standard. The Debarment Committee shall be the sole trier of
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fact. The Committee's decision shall be made within ten (]OJ workinfl davs after conclusion of the hearinfl,
unless the Debarment Committee extends this veriod for flood cause.
(fl) The Committee's decision shall be in writing and shall include the Committees factual findings. the tJrincioal causes
of debarrnent as enumerated in this ordinace. identification of the contractor and all named affiliate: affected
bv the decision. and the svecific terrn. includinfl duration. of the debarment imtJosed
(h) Notice of Debarment Committee's decision.
(1) If the Debarment Committee decides to impose debarment. the Ci/v Manafler shall give the contractor and any
named affiiates involved written notice bv certified mail. return receitJt reQuested or hand delivery. within ten
(]O) workinfl davs of the decision. svecifving the reasons for debarment and includinfl a cotJv of the
Comrnittee's written decision: statinfl the tJeriod of debarment. includinf!. effective dates: and advisinfl that the
debarment is effective throuflhout the Ci/v detJartments.
(2) If debarment is not imtJosed.the Ci/v Manager shall notitv the contractor and any named affiliates i/t\'9P;ed ,by
certified mail. return receivt reQuested or tJersonal service. within ten (] OJ working days of the decision.
(i) All decisions of the Debarment Committee shall be final and shall be effective on the date the notice is silmed bv the
Ci/v Manafler. Decisions of the Debarrnent Committee are subiect to review bv the AtJtJellate Division of the
Circuit Court. A debarred contractor mav seek a stav of the debarment decision in accordance with the Florida
Rules of AtJtJellate Procedure.
Section 2-406 Period of debarment.
(a) The tJeriod of debarment imtJosed shall be within the sole discretion of the Debarment Committee. Debarment shall
be for a veriod commensurate with the seriousness of the causers). and where atJvlicable. within the f!Uidelines
set forth below. but in no event shall exceed fIVe (5) years.
(b) The followinfl f!Uidelines in the veriod of debarment shall avtJw excevt where mitiflatinfl or aflf!1'avatinfl
circumstances iustifv deviation:
(]) For commission of an offense as described in subsection 2404(a)(]): fIVe (5) years
(2) For commission of an offense as described in subsection 2404(a)(2): fIVe (5) Years.
(3) For commission of an offense as described in subsection 2404(a}(3): fIVe (5) years.
(4) For commission of an offense as described in subsection 2404(a)(.$4): two (2) to fIVe (5) years.
(5) For commission of an offense as described in subsections 2404(b)(l) or (2): two (2) to fIVe (5) years.
(c) The Debarment Committee mav. in its sole discretion. reduce the tJeriod of debarment. uvon the contractor's written
reauest. for reasons such as:
(]) Newlv discovered material evidence:
(2) Reversal of the conviction or civil iudflment uvon which the debarment was based:
(3) Bona fide chanf!e in ownersh;o or manaf!ement:
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(4)Elimination of other causes for which the debarment was Imoosed: or
(5) Other reasons the Debarment Committee deems aoorooriate.
(d) The deharwoe:.ldebarred contractor's written reQuest shall contain the reasons for reQuestlnil a reduction In the
debarment oeriod, The Clw's Procurement Office, with the assistance of the affected deoartment shall have thirw (30)
davs from receivt of such reQuest to submit written response thereto. 'Fhe seeiBi811 sf the De8871nBltt CfJ",,,,iHee
.""eM<..:dJ:f~ a refiNes! "lade N19.dar 119m 3lt838etis1'l is H."fa! ami 11811 ElPBBalakJe.
SECTION2. SEVERABILITY.
If any section, subsection, clause or provision of this Ordinance Is held invalid, the remainder shall not be
affected by such invalidity.
SECTION3. CODIFICATION.
It is the Intention of the Mayor and City Commission of the City of Miami Beach, and it is hereby ordained that
the provisions of this ordinance shall become and be made a part of the Code ofthe City of Miami Beach, Florida. The
sections of this ordinance may be renumbered relettered to accomplish such intention, and the word "ordinance" may
be changed to "section", "article," or other appropriate word.
SECTION 4. REPEALER.
All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed
SECTION 5. EFFECTIVE DATE
This Ordinance shall take effect on the 3rd day ofMarch,2000.
PASSED and ADOPTED this 23rd day ofFebruary.2000.
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