request for proposals for - city of homestead
TRANSCRIPT
RFP#202116 1
REQUEST FOR PROPOSALS FOR
HOMESTEAD HISTORY EXPERIENCE RFP #202116
Due Date: Tuesday, January 19, 2021 at 2:00 p.m.
Non-Mandatory Pre-Proposal Meeting:
Thursday, January 7, 2021 at 11:00 a.m.
For information contact:
Procurement & Contract Services Department 450 SE 6th Avenue
Homestead, FL 33030
Date Issued: December 18, 2020
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THE FOLLOWING ARE REQUIREMENTS OF THIS RFP, AS INDICATED BELOW. USE OF THIS CHECKLIST MAY HELP ENSURE THAT YOUR SUBMISSION IS COMPLETE.
Place a check mark in the “Submitted” column as you complete and enclose each item. Requirements that do not apply to this RFP will be denoted by “N/A” (not applicable).
Checklist Required Submitted
Requirement TAB 1 Cover Page √ TAB 2 Table of Contents √ TAB 3 Letter of Transmittal √
TAB 4 Firm & Key Personnel Qualifications and Experience √
TAB 5 Similar Projects √
TAB 6 Project Approach to Technical Implementation √
TAB 7 Project Approach to Research & Content Creation √
TAB 8
City Forms Addendums (original & signed) √ ADA √ Business Entity Affidavit √ PEC √ Proposer's Certification √ Scrutinized Companies Form √ Small & Minority and Women’s Business Enterprise √
Lobbying Certification √ Protest Procedures √ Vendor Application √ W9 √ Licenses/Certifications √ State of FL Registration √
TAB 9 Fee Proposal (Separate Sealed Envelope) √
This checklist is for your guidance only. Please read the entire RFP thoroughly to ensure that your submission is complete.
Please take a minute and let us know how you were notified of this RFP.
CIRCLE ONE
South Dade Newsleader / Daily Business Review / The Miami Herald / City of Homestead Website
Demandstar / E-mail sent from City of Homestead / Project Engineer Other (Please be specific): __________________________________________________________________
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Solicitation Summary
Solicitation Number RFP# 202116 Title Homestead History Experience Issue Date December 18, 2020 Proposal Due Date Tuesday, January 19, 2021 at 2:00 p.m., EST. Non-Mandatory Thursday, January 7, 2021 at 11:00 a.m., EST. Pre-Proposal Meeting Virtual/Tele-Conference Meeting – Refer to Section II for detail Question & Answer End Date Tuesday, January 12, 2021 by 5:00 p.m., EST. Contact: Lilia Jaimes-Renteria Buyer II Procurement & Contract Services Division (305)224-4620 [email protected] Submission Information Proposals must be submitted by mail or personally delivered by
sealed hard copy marked on the outside with the Proposal number and name at City of Homestead City Hall, City Clerk’s Office (1st Floor), c/o Bids Department, Attn: Lilia Jaimes-Renteria. 100 Civic Court, Homestead, FL 33030. All Proposals and all required product information and any other items as indicated in the following document must be returned, properly completed, and in a sealed envelope or your Proposal may be disqualified. If more than one package is submitted they should be marked 1 of 2, 2 of 2, etc. All Proposals must be received no later than Tuesday, January 19, 2021 at 2:00 p.m., EST. The responsibility for submitting Proposals before the stated time and date is solely the responsibility of the Proposer. The City will not be responsible for delays caused by mail or courier service, including U.S. Mail, or any other occurrence. Please use the Solicitation Response Form (see next page) for the outer portion of your envelope or package to be submitted.
Number of Copies One (1) signed original, five (5) additional copies, one (1) electronic copy
Tentative Schedule Issue/Advertisement 12/18/2020
Pre-Proposal Meeting 01/07/2020 Due Date 01/19/2021 Review Committee TBA, 2021 Committee of the Whole TBA, 2021 Council TBA, 2021
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Solicitation Response Form
RFP #202116: Homestead History Experience Due Date: Tuesday, January 19, 2021 at 2:00 p.m., EST. Delivery Location: City of Homestead City Hall City Clerk’s Office, 1st Floor c/o Bids Department 100 Civic Court Homestead, FL 33030 Submitted By: (Name of company and address)
For Official Use Only
Date and Time Received: Received by: ________________________________________________
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TABLE OF CONTENTS
I. INTRODUCTION: ................................................................................................................ 6
II. PRE-PROPOSAL MEETING: ......................................................................................... 6
III. DUE DATE: ........................................................................................................................ 6
IV. ASSIGNMENT & SUBCONTRACTING: ...................................................................... 7
V. LICENSES: ........................................................................................................................ 7
VI. SCOPE OF SERVICES: ................................................................................................... 8
VII. TERM OF CONTRACT AND TERMINATION: ......................................................... 9
VIII. INFORMATION REQUIRED OF PROPOSER: ..................................................... 10
IX. SUBMISSION OF PROPOSAL: .................................................................................... 21
X. CONE OF SILENCE:...................................................................................................... 23
XI. OTHER MATTERS: ....................................................................................................... 25
XII. TERMS AND CONDITIONS OF AGREEMENT: ...................................................... 27
XIII. PROPOSAL EVALUATION COMMITTEE AND PROCEDURES FOR REVIEW OF PROPOSALS: ..................................................................................................... 37
XIV. EVALUATION/AWARD CRITERIA: ...................................................................... 40
FORMS REQUIRED WITH SUBMITTAL ............................................................................ 41
PROPOSER'S CERTIFICATION ............................................................................................ 42
CERTIFICATION REGARDING LOBBYING ..................................................................... 43
SMALL AND MINORITY AND WOMEN’S BUSINESS ENTERPRISE ........................... 44
PROTEST PROCEDURES ....................................................................................................... 45
SWORN STATEMENT PURSUANT TO SECTION 287.133 (3) (a), .................................. 47
AMERICANS WITH DISABILITIES ACT (ADA) ................................................................ 49
DISABILITY NONDISCRIMINATION STATEMENT ........................................................ 49
BUSINESS ENTITY AFFIDAVIT............................................................................................. 50
SCRUTINIZED COMPANIES FORM .................................................................................... 53
VENDOR REGISTRATION INSTRUCTIONS ................................................................. 54
W-9 FORM .................................................................................................................................. 55
ATTACHMENT “A” – FEE PROPOSAL/PRICE SCHEDULE .......................................... 61
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I. INTRODUCTION:
This Request for Proposals (RFP) is for the research, design, fabrication, and installation of a historical exhibit at the City’s library of the future, the Homestead Cybrarium. The historical exhibit, or “Homestead History Experience,” will be part of the Cybrarium’s Virtual Reality (VR) Cube attraction and must focus on the City of Homestead and the surrounding region.
Incorporated in 1913, Homestead is known for its historic contribution to the development of South Florida as a major hub for Henry Flagler’s railroad. Today, its unique vernacular architecture and lush tree-lined streets speak for over a century of pioneers who contributed to the evolution of Homestead. What was once a little railroad town has bloomed into a thriving community of diverse cultures. There’s truly no place quite like Homestead.
This project is sponsored in part by the Department of State, Division of Historical Resources and the State of Florida.
The guidelines under 2 CFR 200, Title 23, and 23 CFR shall apply to this contract in order to be eligible for reimbursement under the Public Assistance Program. In compliance with 2 C.F.R. § 200.321 the City shall take all necessary affirmative steps to assure that small and minority businesses, women’s business enterprise and labor surplus area firms are used when possible.
This RFP solicitation is also available by visiting the City’s website at http://www.cityofhomestead.com/bids.aspx or Demandstar.com.
II. PRE-PROPOSAL MEETING: A NON-MANDATORY pre-proposal meeting will be held on Thursday, January 7, 2021 at 11:00 a.m., EST. by the Procurement and Contract Services Division. At that conference all services will be discussed and all questions answered. No questions will be answered verbally except at the pre-proposal conference. You may submit questions in writing to be received at least two (2) days prior to the pre-proposal conference to: Lilia Jaimes-Renteria, Buyer II, City of Homestead, 450 SE 6th Avenue, Homestead, FL 33030; Fax: 305-242-6833 or via email at [email protected] Webex tele-conference information: Meeting Link: RFP# 202116 – Homestead History Experience Event number: 179 187 8953 Event password: Xjf2RjM2E9X
III. DUE DATE: A. All proposals are due no later than Tuesday, January 19, 2021 at 2:00 p.m., EST. or any time prior thereto at the City Clerk’s Office located at City Hall, 100 Civic Court Homestead, FL 33030. All proposals received will be publicly read in the City Hall Council Chambers, in accordance with City procedures, on the date
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and at the time specified. All proposals received after that time shall be returned, unopened. B. Original proposal, and five (5) copies, and one (1) electronic version via either USB or CD must be submitted in a sealed envelope clearly marked with the RFP Title. Electronically submitted proposals will not be accepted. C. Proposals received after the closing time and date, for any reason whatsoever, will not be considered. Any disputes regarding timely receipt of proposals shall be decided in the favor of the City of Homestead. Proposers shall assume full responsibility for timely delivery at the location designated for receipt of proposals. The City of Homestead cannot be responsible for proposals received after opening time and encourages early submittals. Proposals received by the City after the time specified for receipt will not be considered and shall returned, unopened. D. All information required by this Request for Proposal must be supplied to constitute an acceptable proposal. E. Proposals should be addressed as follows for mailing or hand delivery: City of Homestead City Hall City Clerk’s Office, 1st Floor c/o Bids Department, 100 Civic Court Homestead, FL 33030 F. Submitted envelopes shall be marked RFP# 202116 Homestead History Experience. Please use the Solicitation Response Form included with this RFP for the outer portion of your envelope or package to be submitted.
IV. ASSIGNMENT & SUBCONTRACTING: The successful proposer will not be permitted to assign its contract with the City without obtaining prior written approval of the City. If a vendor subcontracts or subleases employees for any portion of this contract for any reason, the proposer must include, in writing the name and address of the Subcontractor or leased employee/firm, and must obtain all the same insurance requirements, licensing, and certification requirements with prior approval by the City. Name of the person to be contacted, include telephone number and extent of work to be performed. If vendor should need to change subcontractor information, changes are subject to the approval by the City. The City reserves the right to reject a proposal of any proposer if the proposal names a subcontractor or leased employee who has previously failed in the proper performance of an award or failed to deliver on time contract of a similar nature, or who is not in a position to perform properly under this award.
V. LICENSES: Any applicable licenses and/or certifications required for this RFP must be provided as needed.
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VI. SCOPE OF SERVICES: The successful proposer will research, design, fabricate, and install a historical exhibit at the Homestead Cybrarium on the City of Homestead and the surrounding region. This exhibit will include: • Educational signage, • Interactive displays, • Virtual reality (VR) experience, • and a related web application. Educational signage must coordinate with the overall look and feel of the Homestead Cybrarium’s VR Cube, where the Experience will be located. See Image.
The VR experience should allow for the user to travel through time and see the evolution of Homestead’s history from past to future with an emphasis on its relationship with the Everglades and natural history of South Florida. The experience must successfully run on the HTC Pro Eye system and the Vive Steam and Springboard VR platforms. The proposal must include a statement of the proposer’s credentials and previous work, proposed project timeline, and proposed approach to creating the Experience. The successful proposer will also agree to provide for review and approval the following deliverables for review and approval throughout the project by the City of Homestead and the State of Florida, Department of State, Division of Historical Resources:
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• project timeline • draft exhibit design documents • draft written content text • draft educational signage design documents • finalized description of VR experience content • draft web application content The successful proposer shall deliver a fully completed project no later than June 1,2021.
VII. TERM OF CONTRACT AND TERMINATION: A. TERM: At all times during the term of the contract, the successful Contractor (s) shall act as an independent Contractor and at no time shall be considered an agent or partner of the City. The City does not guarantee any work during the term of the Agreement.
i. Contract Period: This contract shall commence the day indicated on the Notice of Award Letter or Notice to Proceed after selection and award by the City Council of Homestead, Florida. The Project shall be completed no later than June 1, 2021 or as indicated in the Notice to Proceed and the contract shall remain in effect through Project completion. Any contract(s) or amendments(s) resulting from this solicitation shall be subject to fund availability and mutual written agreement between the City and the successful proper(s).
B. CONTRACT AMENDMENT(S): The City may also require additional services not specifically identified in the contract. The Contractor agrees to provide such services, and shall provide the City prices on such additional services based upon a formula or method which is the same or similar to that used in establishing the prices in this proposal. If the price(s) offered are not acceptable to the City, and the situation cannot be resolved to the satisfaction of the City, the City reserves the right to procure those services from other vendors or to cancel the contract. Furthermore, the City reserves the right to delete or revise items and services under this solicitation at any time during the contract period when and where deemed necessary. Deletions may be made at the sole discretion of the City at any time during the contract period. Items revised must be mutually agreed upon in writing by the Contractor. C. TERMINATION CLAUSES:
i. Termination for Convenience by the City: The City upon thirty (30) days written notice to the Contractor may terminate this Agreement with or without cause. In the event of termination, the Contractor(s) shall be paid for all services rendered to the date of termination. The City reserves the
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right to immediately terminate the Contract upon City Manager’s determination to protect the public’s health, safety and welfare.
ii. Termination for Cause by the City: The obligation to provide further services under this Agreement may be terminated by the City upon seven (7) days written notice in the event of failure by the Contractor to perform in accordance with the terms hereof through no fault of the City. The City can terminate immediately if deemed in the health, safety, and welfare of the City. The City may then consider said inability to be a breach of this Contract and may undertake the necessary work through its own services or those of another Contractor. The City shall have the right to deduct the cost incurred in having to provide said services from the payments to be made to the Contractor under this Contract.
iii. Termination for Convenience or Cause by the Contractor: The Contractor upon at least 120 days written notice to the City may terminate this Agreement with or without cause.
D. PERFORMANCE EVALUATION: Throughout the contract period the vendor(s) performance will be monitored by City staff. If vendor performance fails to meet the standards specified and receives an unacceptable rating, the City may without cause and without prejudice to any other right or remedy, terminate the contract(s) whenever the City determines that such termination is in the best interest of the City. Vendor’s receiving an unacceptable rating will be notified by certified mail. Contract termination shall be served by written notice by the Procurement Division. E: CONTRACT AWARD:
The proposer understands that this RFP does not constitute an offer or a contract with the City. A contract shall not be deemed to exist, and is not binding, until proposals are reviewed and accepted by the City and executed by all parties.
VIII. INFORMATION REQUIRED OF PROPOSER: In order to ensure a uniform review process and to obtain the maximum degree of comparability, it is required that the Proposals be organized in the manner specified.
TAB 1: COVER PAGE: Show the name of Proposer’s agency/firm, address, telephone number, name of contact person, date, and the subject:
RFP #202116 – Homestead History Experience
TAB 2: TABLE OF CONTENTS: The table of contents should outline in sequential order the major areas of the submittal, including enclosures. All pages must be consecutively
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numbered and correspond to the Table of Contents. Clearly identify the material by section and page number.
TAB 3: LETTER OF TRANSMITTAL: a) Briefly state your firm's understanding of the work to be done and
provide a positive commitment to perform the work. b) Give the names of the person(s) who will be authorized to make
representations for your firm, their titles, addresses and telephone numbers.
TAB 4: FIRM & KEY PERSONNEL QUALIFICATIONS AND EXPERIENCE (MAXIMUM 20 POINTS): Provide an organizational chart that includes identification of the project manager and individuals that will perform on-site work for this project:
• List qualifications of each employee that will be assigned to this contract. Resumes shall be submitted for each person.
• Identify point of contact for this contract.
a) Overview of firm - Describe the size of Proposer and its ability to provide required services to the City. Include the location of the office to perform the work and explain the purpose of the firm. Also provide the following: firm name, name of parent company (if applicable), complete business address, state of incorporation, number of years in business, Dun and Bradstreet number, licenses obtained to conduct business with the Authority.
i. Describe your current operations and the manner and scope of other services provided currently or in the last five (5) years. Describe the Proposer's management capacity and system for coordinating all of the services to be provided under this RFP and any other contracts of the Proposer. Further, discuss how it plans to handle and coordinate all these efforts, along with the services to be performed pursuant to the RFP, if awarded a contract.
ii. Provide information as to whether Proposer has been acquired, plans to be acquired or merged with any other firms in the future, if known. Explain how said merger with another entity(s) may affect the services to be provided to the City, if any.
b) Litigation – list any and all past and/or pending litigation, lawsuits, disputes, filing of or any pending bankruptcy proceedings, including the disposition of same, filed against the Proposer relating to the work described herein that your firm has been involved in within the last five
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(5) years. This list shall include each project name and the nature of the litigation, filing or claim.
c) Financial Information – Provide financial data for your company as well as any other subcontractor with which you are proposing to use in this project. Provide audited financial statements for the past three (3) years. The City is interested in awarding this RFP to an organization that is financially sound. The financial statement, preferably audited, shall be for the firm which is submitting the proposal and shall include the following items: current and net fixed assets and any other assets; current liabilities, long term liabilities, and other liabilities; and name and address of firm preparing the financial statement and the date of preparation.
d) Subcontractors – list any sub-contractors that may be used to accomplish this service.
e) Insurance - Proposer shall provide Certificate(s) of Insurance evidencing current in-force insurance to City’s Risk Management Department upon submission of Proposal as outlined below. These are mandatory insurance requirements, please be sure to fulfill each requirement listed below. All policies, endorsements, certificates and/or binders shall be subject to approval by the City’s Risk Management as to form and content. These requirements are subject to amendment or waiver only if so approved in writing by a duly authorized representative of the City. A lapse in any required insurance coverage during this Contract shall be considered a material breach. Further it is understood and agreed by Proposer that nothing in this provision shall waive or otherwise limit the right of the City to modify INSURANCE REQUIREMENTS to meet the demands of special or unique circumstances. Accordingly, those rights are expressly reserved by the City. The insurance obligations under this Contract shall be all the insurance coverage and/or limits carried by or available to the Proposer or the minimum insurance requirements and/or limits shown in this Contract, whichever is greater. Any insurance proceeds in excess of or broader than the minimum required coverage and/or minimum required limits, which are applicable to a given loss, shall be available to the City. No representation is made that the minimum insurance requirements of this Contract are sufficient to cover obligations of the Proposer under this Contract.
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If evidence of insurance provided by Proposer does not comply with the requirements of this section, the City reserves the right but not the obligation to deem your Bid non-responsive. Throughout the term of this agreement and for all applicable statutes of limitation periods, Proposer agrees to have and maintain in full force and effect the insurance policies set forth in this article. All policies must contain an endorsement requiring minimum thirty (30) days written notice from the insurance company to the City prior to cancellation or any change in coverage, scope or amount of any such policy or ten-day notice for non-payment of premium. PROPOSER EXPRESSLY AFFIRMS THAT IT HAS HAD THE OPPORTUNITY TO RECOVER THE COSTS OF THE INSURANCE REQUIRED IN ITS CONTRACT PRICE.
a) All insurance policies shall be issued by insurers that are authorized to transact business in the State of Florida, and have an A. M. Best's financial and size rating of A-VII or better.
b) All insurance policies, except Property, Workers Compensation and Professional Liability (if applicable), shall name and endorse the following as additional insured: The City of Homestead, its employees, directors, officers, agents, independent contractors, successors and assigns, and other authorized representatives as additional insured to the extent of the contractual obligation assumed by the Proposer. The Commercial General Liability policy shall be endorsed with the ISO CG2010 Additional Insured endorsement (or similar endorsement with coverage at least as broad as the ISO CG 2010) and the ISO CG 2037 Additional Insured – Completed Operations endorsement (or similar endorsement with coverage at least as broad as the ISO CG 2037). As additional insured, the City shall be defended and indemnified for claims to the extent caused by the acts, actions, omissions or negligence of Proposer, its employees, agents, subcontractors, and representatives; but is not defended or indemnified for the additional insured’s own acts, actions, omissions, negligence. Proposer shall provide a copy of these policy endorsements at any time upon City request.
c) It is specifically agreed that the City of Homestead shall not be liable to the Proposer for any liability arising out of the performance of this Agreement. Proposer specifically waives any and all rights of recovery it may have against the City of Homestead, independent of any waiver of rights of recovery by
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any insurer. All insurance policies shall include a Transfer of Rights of Recovery Against Others to Us/Waiver of Subrogation in favor of the City. Proposer agrees to obtain any endorsement that may be necessary to effect all waivers of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.
d) All insurance policies shall be endorsed to provide that (a) Proposer’s insurance is primary and non-contributory to any other Insurance available to the City of Homestead with respect to claims covered under the policy and (b) Proposer’s insurance applies separately to each insured against who claims are made or suit is brought and that the inclusion of more than one insured shall not operate to increase the insurer’s limit of liability. Self-insurance shall not be acceptable. Any policy including a self-insured retention (“SIR”) in the primary layer of liability in any amount must be submitted to and approved by the City’s Risk Management Department prior to risk approval.
e) If the Proposer fails to submit the required insurance certificate(s) in the manner prescribed with the executed agreement submitted to the City and if not submitted with the executed agreement in no event exceed three (3) calendar days after request to submit certificate(s) of insurance, the Proposer shall be in default, and the Contract may be rescinded at the City’s sole discretion. Under such circumstances, the Proposer may be prohibited from submitting future solicitations to the City.
f) Proposer shall carry the following types of insurance coverage whether products and/or services provided by Proposer to the City in connection with the performance of this Contract occur on City premises or not. (Commercial General Liability must be carried by all Contractors): 1) WORKER'S COMPENSATION: As required by the
State of Florida with the statutory limits, and include employers’ liability insurance with a limit of not less than $1,000,000 for each accident, $1,000,000 for each disease and $1,000,000 for aggregate disease. Policy shall be endorsed with a “Waiver of Our Right to Recover From Others” endorsement which favors the City. A copy of NCCI Form WC 00 03 13 (or similar endorsement with coverage at least as broad as NCCI Form WC 00 03 13) issued by the
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insurer may be required for risk review and shall be provided to the City at any time upon request. If Proposer’s worker’s compensation program is part of an employee-leasing or co-employment arrangement where certain Statutory employees may be excluded from coverage, Proposer specifically agrees to indemnify, hold harmless, defend against and pay or reimburse the City for losses the City or its insurers may be obligated to pay to any natural person who is denied workers compensation benefits or employers liability coverage that arise out of or result from Proposer’s employee-leasing or co-employment arrangement.
2) AUTOMOBILE LIABILITY: Proposer shall carry automobile liability insurance with minimum limits of One Million ($1,000,000) dollars, combined single limit per occurrence for bodily injury liability and property damage. The policy is to be written on ISO Form CA 00 01 covering any auto (Symbol 1) or if Proposer has no owned autos, covering hired (Symbol 8) and non-owned (Symbol 9) autos. Policies shall be endorsed to add the City of Homestead as Additional Insured and include a Waiver of Subrogation in favor of the City. Coverage must be primary and non-contributory to any other insurance available to the City of Homestead. Copies of the endorsements or policy forms reflecting these terms may be required for risk review and shall be provided to the City at any time upon request.
3) COMMERCIAL GENERAL LIABILITY: Proposer shall carry Commercial General Liability Insurance for all operations and shall include but shall not be limited to Contractual, Products and Completed Operations and Personal and Advertising Injury coverage with limits of not less than: One million ($1,000,000) dollars each Occurrence and for Personal and Advertising Injury coverage and Two million ($2,000,000) dollars for Products – Completed Operations Aggregate and General Aggregate. The Commercial General Liability insurance policy must include but shall not be limited to the following listed Coverages: Coverage A – Bodily Injury and Property Damage Liability, Coverage B – Personal and Advertising Injury Liability, and Coverage C – Medical Payments. Coverage shall include but shall not be limited to coverage for premises and/or operations, independent contractors, products and/or completed operations for contracts, contractual liability,
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broad form contractual coverage, broad form property damage, products, completed operations, and personal injury. Personal injury coverage shall include coverage that has the employee and contractual exclusions removed. Proposer’s Commercial General Liability insurance coverage shall be primary and non-contributory. For any claim related to this contract, this coverage shall be primary coverage at least as broad as ISO CG 20 01 04 13 – PRIMARY AND NONCONTRIBUTORY – OTHER INSURANCE CONDITION as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Proposer’s insurance and shall not contribute with it. Proposer shall provide copy of this policy endorsement to the City at any time upon request. The City’s Risk Management Department will not accept an insurance policy that includes the ISO CG 21 39 CONTRACTUAL LIABILITY LIMITATION, the ISO CG 24 46 AMENDMENT OF INSURED CONTRACT DEFINITION or similar endorsements. The Commercial General Liability policy must be endorsed to add the City of Homestead as Additional Insured and include a waiver of subrogation endorsement in favor of the City. Copies of these endorsements and/or policy forms reflecting these terms may be required for risk review and shall be provided by Proposer to the City at any time upon request.
4) COMMERCIAL UMBRELLA OR COMMERCIAL EXCESS LIABILITY: Proposer may satisfy the minimum liability limits required above by providing proof of a Commercial Umbrella or Commercial Excess Liability policy. There is no minimum Per Occurrence limit of liability under a Commercial Umbrella or Commercial Excess Liability; however the Annual Aggregate limit shall not be less than the highest “Each Occurrence” limit. If relying upon Commercial Umbrella or Commercial Excess Liability limits to satisfy the minimum liability limits required above, Proposer agrees to name and endorse the City of Homestead, its officers, agents, employees and council members as additional insured. As additional insured, the City shall be defended and indemnified for claims caused by the acts, actions, omissions or negligence of Proposer, its employees, agents, subcontractors, and
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representatives, but is not defended or indemnified for the additional insured’s own acts, actions, omissions, negligence. If relying upon Commercial Umbrella or Commercial Excess Liability limits to satisfy the minimum liability limits required above, policy(ies) must be endorsed with Transfer of Rights of Recovery Against Others to Us/Waiver of Subrogation in favor of the City. If required as outlined above, a copy of the Additional Insured and Transfer of Rights of Recovery Against Others to Us/Waiver of Subrogation policy endorsements may be required for risk review and shall be provided by Proposer at any time upon request.
5) PROFESSIONAL (ERRORS & OMISSIONS) LIABILITY INSURANCE: Bidder shall carry and maintain professional liability insurance with minimum limits of $1,000,000 per Occurrence and $2,000,000 Aggregate. The retroactive date must be no later than the date of this Contract and must be evidenced on the certificate of insurance provided to the City.
g) Proposer shall provide of the City of Homestead’s Contract Administrator/Buyer with a copy of the certificate(s) of insurance and endorsements evidencing the types of insurance and coverage required in this Section within three (3) calendar days of Proposer’s receipt of Notice of Intent to Award the Contract and, at any time thereafter, upon request by the Contract Administrator/Buyer, It is the PROPOSER’S responsibility to ensure that the Contract Administrator/Buyer is provided with evidence of current insurance on file with the City during the term of this Agreement, or longer as may be required herein.
h) Proposer's insurance policies shall be endorsed to provide the City with at least thirty (30) calendar days prior written notice of cancellation, non-renewal, restrictions, or reduction in coverage or limits or ten days for non-payment of premium. Notice shall be sent to: City of Homestead Attn: Procurement & Contract Services Division 450 SE 6th Avenue Homestead, FL 33030
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i) If any of the Proposer's insurance policies is written on a “claims-made” or “reported” basis or coverage form, then Proposer shall maintain such insurance coverage for a period of FIVE (5) years after the expiration or termination of this agreement including any and all extensions or renewals of this agreement. This requirement may be met by keeping the policy(ies) in force, or by obtaining an extended reporting period coverage endorsement, an extension of coverage commonly known as “Tail” Coverage, which provides coverage for claims presented past the expiration of the policy(ies) arising from work performed during the policy period.
j) In any of Proposer's insurance policies includes a general aggregate limit and provides that claims investigation or legal defense costs are included within the general aggregate limit, the general aggregate limit that is required shall be no less than five (5) times the per occurrence limit as specified above in this Section.
k) The provisions of this Section shall survive the expiration or termination of this agreement.
l) PAYMENT: If any of the insurance policies required under this Section lapse during the term of this agreement or any extension or renewal of the same, Proposer shall not receive payment from the City until such time that the City has received satisfactory evidence of reinstated coverage of the types and coverage specified in this Section that is effective as of the lapse date. The City, in its sole discretion, may terminate the Agreement immediately and no further payments shall be due to Proposer.
m) RENEWAL OF INSURANCE: Proposer shall be responsible for assuring that the insurance certificate/ endorsements required in conjunction with this section remains in force for the duration of the Contract term. If the insurance certificate/endorsements are scheduled to expire during this period, Proposer shall be responsible for submitting a new or renewed insurance certificate/ endorsements to the City at a minimum of thirty (30) calendar days in advance of such expiration. In the event that expired certificate/endorsements are not replaced with a new or renewed certificate(s) evidencing acceptable insurance coverage which covers the Contract term, the City may suspend this Agreement until such time as the new or renewed certificate/endorsements evidencing acceptable insurance coverage are received by the City.
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n) MINIMUM COVERAGE: Insurance coverage in the minimum amounts set forth herein shall not be construed as to relieve Proposer of liability in excess of such coverage, nor shall it preclude or otherwise limit the City from taking other action(s) as may be available under any other provision(s) of this Agreement or otherwise in law or equity.
o) CONFLICT: In the event that a conflict arises between the provisions of any agreement, contract or understanding that arises out of this RFP and this Section, the provisions of this Section shall control and prevail.
p) RELAXATION OR SUSPENSION OF INSURANCE REQUIREMENTS: If, in the opinion of the City, full compliance with the insurance requirements in this Section is not commercially practicable for the Proposer, and would not be commercially practicable for most other Proposers qualified to perform the Project or Work, at the written request of the Proposer, the City may, in its sole discretion, and subject to any conditions it deems appropriate, relax or temporarily suspend, in whole or in part, the insurance requirements which would otherwise apply to the Proposer. As a condition to any such relaxation of the insurance requirements, City may require Proposer to provide the City with written evidence satisfactory to the City that full compliance with the insurance requirements is neither commercially practicable for the Proposer, nor commercially practicable for most other Proposers qualified to perform the Work. Any such modification shall be subject to the prior written approval of the City, and subject to the conditions of such approval.
TAB 5: SIMILAR PROJECTS (MAXIMUM 15 POINTS):
To demonstrate experience and success in conducting similar work, the proposer shall provide a minimum of three (3) references of similar sized projects with appropriate reference information, concentrating only on those projects completed within the last five (5) years or currently underway by the Proposer’s firm as follows:
a) Client name, address, phone number, and email address. b) Description of all services provided. c) Performance period. d) Total annual amount of contract. e) Name of team members who were actively involved in providing
services for the reference.
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f) If services terminated prior to the end of the contract term, explain why.
NOTE: Please do not include projects completed or currently underway with the City.
TAB 6: PROJECT APPROACH TO TECHNICAL IMPLEMENTATION (MAXIMUM 25 POINTS):
• Provide a statement that succinctly discusses your firm’s approach
to the Project. Proposers will need to provide an estimate of the time required to complete each stage of the scope of services.
• Address approach to historic research and community engagement as needed to fulfill this project.
TAB 7: PROJECT APPROACH TO RESEARCH & CONTENT CREATION (MAXIMUM 25 POINTS):
• State your firm’s technical approach to the project and the interpretation of the scope of services.
• Provide a statement that succinctly discusses your firm’s approach to
the Project. Proposers will need to provide an estimate of the time required to complete each stage of the scope of services.
• Address technical aspects of the project including proposed method of
creating imagery and deployment.
TAB 8: CITY FORMS:
1. The attached Sworn Statement regarding Public Entities Crimes (PEC), Americans with Disabilities Act Non-Discrimination Statement (ADA), Business Entity Affidavit, Certification Regarding Lobbying, Scrutinized Companies form, Vendor Registration Instructions, Small and Minority and Women’s Business Enterprise form, Protest Procedures, W9 form, Proposal Bond, Bonding Capacity Certification, and Proposer's Certification Form must be completed and submitted with proposal. (Forms are attached at the end of this RFP).
2. Bidder or Vendor hereby recognizes and certifies that no elected
official, board member, or employee of the City of Homestead (the "City") shall have a financial interest directly or indirectly in this transaction or any compensation to be paid under or through this transaction, and further, that no City employee, nor any elected or
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appointed officer (including City board members) of the City, nor any spouse, parent or child of such employee or elected or appointed officer of the City, may be a partner, officer, director or proprietor of Bidder or Vendor, and further, that no such City employee or elected or appointed officer, or the spouse, parent or child of any of them, alone or in combination, may have a material interest in the Vendor or Bidder. Material interest means direct or indirect ownership of more than five percent (5%) of the total assets or capital stock of the Vendor or Bidder. Any exception to these above described restrictions must be expressly provided by applicable law or ordinance and be confirmed in writing by City. Further, Bidder or Vendor recognizes that with respect to this transaction or bid, if any Bidder or Vendor violates or is a party to a violation of the ethics ordinances or rules of the City, the provisions of Miami-Dade County Code Section 2-11.1, as applicable to City, or the provisions of Chapter 112, part III, Fla. Stat., the Code of Ethics for Public Officers and Employees, such Bidder or Vendor may be disqualified from furnishing the goods or services for which the bid or proposal is submitted and may be further disqualified from submitting any future bids or proposals for goods or services to City. Bidder or Vendor must complete and execute the Business Entity Affidavit form. The terms "Bidder" or "Vendor," as used herein, include any person or entity making a proposal herein to City or providing goods or services to City.
TAB 9: FEE PROPOSAL/PRICE SCHEDULE (MAXIMUM 15 POINTS):
A. Complete and submit Attachment A - FEE PROPOSAL/PRICE SCHEDULE.
B. One hard copy shall be submitted in a separate sealed envelope clearly
marked as follows: FEE PROPOSAL RFP# 202116 – Homestead History Experience
Fee proposals must be submitted separate from qualifications. No reference shall be made to pricing/fees in the statement of qualifications. Failure to adhere to this requirement may result in disqualification.
IX. SUBMISSION OF PROPOSAL:
A. Incurred Expenses: The City is not responsible for any expenses which proposers may incur preparing and submitting proposals called for in this Request for Proposals.
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B. Interviews:
The City reserves the right to conduct personal interviews or require presentations prior to selection. The City will not be liable for any costs incurred by the proposer in connection with such interviews/presentations (i.e. travel, accommodations, etc.).
C. Request for Modification: The City reserves the right to request that the Proposer modify his proposal to more fully meet the needs of the City.
D. Proposal Acknowledgment: By submitting a proposal, the Proposer certifies that he has fully read and understands the proposal method and has full knowledge of the scope, nature, and quality of work to be performed.
E. Request for Additional Information: The Proposer shall furnish such additional information as the City of Homestead may reasonably require. This includes information which indicates financial resources as well as ability to provide the system and/or services. The City reserves the right to make investigations of the qualifications of the Proposer as it deems appropriate, including but not limited to, a background investigation conducted by the Homestead Police Department.
F. Acceptance/Rejection/Modification to Proposals:
The City reserves the right to negotiate modifications to Proposals that it deems acceptable, reject any and all proposals, and to waive minor irregularities in the proposals and to make awards in the best interest of the City.
G. Proposals Binding: All proposals submitted shall be binding for 365 calendar days following opening.
H. Addendum or Amendment to Request for Proposal: If it becomes necessary to revise or amend any part of this Request for Proposal, the City’s Procurement & Contract Services Manager will furnish the revision by written Addendum and will place it on the City’s website. Proposer(s) shall be responsible to periodically check the City’s website for addendums and must acknowledge receipt of any formal Addenda by signing the addendum and including it with the proposal. Failure to include signed formal Addenda in its Proposal shall deem its proposal non-responsive; provided however, that the City may waive this requirement in its best interest.
I. Economy of Preparation: Proposals should be prepared simply and economically, providing a straightforward, concise description of the Proposer's ability to fulfill the requirements of the proposal.
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J. Proprietary Information:
In accordance with Chapter 119 of the Florida Statutes (Public Records Law), and except as may be provided by other applicable State and Federal Law, all Proposers should be aware that Request for Proposals and the responses are in the public domain. However, the proposers are required to identify specifically any information contained in their proposals which they consider confidential and/or proprietary and which they believe to be exempt from disclosure, citing specifically the applicable exempting law. All proposals received from Proposers in response to this Request for Proposal will become the property of the City of Homestead and will not be returned to the Proposers. In the event of contract award, all documentation produced as part of the contract will become the exclusive property of the City. Florida State Statute affords government agencies a defined amount of time to review proposals and related information before the information is subject to Florida Public Records statutes. The applicable statute is included here: “Florida Statute 119.071 as amended by HB 7223; Sealed bids, proposals or replies received by an agency pursuant to a competitive solicitation are exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution until such time as the agency provides notice of an intended decision or until 30 days after opening the bids, proposals or final replies, whichever is earlier.”
K. Agreement: The intent of this Proposal is to enter into an Agreement with a firm that can provide the services as specified herein. The City reserves the right, in its sole discretion, to request services and to award a contract to any or all the vendors selected to provide services under this RFP. Further, the City makes no representations that it will have any or a specific requirement(s) level for services from any or all other vendors.
L. Local Preference: Local preference shall not apply to this RFP.
X. QUESTIONS REGARDING SPECIFICATIONS OR PROCESS:
CONE OF SILENCE: 1) Definitions: “Cone of Silence,” as used herein, means a prohibition on any
communication regarding a particular Request for Proposal (“RFP”), Request for Qualification (“RFQ”) or bid, between:
• a potential vendor, service provider, proposer, bidder, lobbyist, or consultant; and,
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• the City Councilmembers, City’s professional staff including, but not limited to, the City Manager and his or her staff, and any member of the City’s selection or evaluation committee.
2) Restriction; Notice: A Cone of Silence shall be imposed upon each RFP, RFQ and bid after the advertisement of said RFP, RFQ 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 by posting a notice at the City Hall. The City Manager shall issue a written notice thereof to the affected departments, file a copy of such notice with the City Clerk, with a copy thereof to each City Councilmember, and shall include in any public solicitation for goods or services a statement disclosing the requirements of this section.
3) Termination of Cone of Silence: The Cone of Silence shall terminate at the beginning of the City Council meeting (whether regular, special or Committee of the Whole meeting) at which the City Manager makes his or her written recommendation to the City Council. However, if the City Council refers the Manager’s recommendation back to the Manager or staff for further review, the Cone of Silence shall be reimposed until such time as the Manager makes a subsequent written recommendation.
4) Exceptions to Applicability: The provisions of this section shall not apply to:
a) oral communications at pre-bid conferences; b) oral presentations before selection or evaluation committees; c) public presentations made to the City Councilmembers during any duly
noticed public meeting; d) communications in writing at any time with any City employee, unless
specifically prohibited by the applicable RFP, RFQ 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 any person upon request;
e) communications regarding a particular RFP, RFQ or Bid between a potential vendor, service provider, proposer, bidder, lobbyist or consultant and the City’s Procurement and Contract Services Agent or City employee designated responsible for administering the procurement process for such RFP, RFQ or bid, provided the communication is limited strictly to matters of process or procedure already contained in the corresponding solicitation document;
f) communications with the City Attorney and his or her staff; g) duly noticed site visits to determine the competency of the bidders regarding a
particular bid during the time period between the opening of bids and the time the City Manager makes his or her written recommendation;
h) any emergency procurement of goods or services pursuant to City Code; i) responses to the City’s request for clarification or additional information; j) contract negotiations during any duly noticed public meeting; k) communications to enable City staff to seek and obtain industry comment or
perform market research, provided all communications related thereto between a potential vendor, service provider, proposer, bidder, lobbyist, or consultant and any member of the City’s professional staff including, but not limited to, the City Manager and his or her staff are in writing or are made at a duly noticed public meeting.
5) Penalties: Violation of this section by a particular bidder or proposer shall render any RFP award, RFQ award or bid award to said bidder or proposer voidable by the
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City Council or City Manager. Any person who violates a provision of this section may be prohibited from serving on a City selection or evaluation committee. In addition to any other penalty provided herein, violation of any provision of this section by a City employee may subject said employee to disciplinary action.
6) Please contact the City Attorney for any questions concerning “Cone of Silence” compliance.
7) Oral answers will not be authoritative unless confirmed by addendum to the Request for Proposal.
B. Any questions relative to interpretation of specifications or the proposal process shall be
addressed to the Procurement & Contract Services Manager, in writing, in ample time before the period set for the receipt and opening of proposals. No inquiries submitted within seven (7) days of the date set for receipt of proposals will be given any consideration. Any interpretation made to prospective proposers will be expressed in the form of an addendum to the specifications which, if issued, will be conveyed in writing to all prospective proposers no later than five (5) days before the date set for receipt of proposals.
C. It will be the responsibility of the proposer to contact the Procurement & Contract
Services Division prior to submitting a proposal to ascertain if any addenda have been issued, to obtain all such addenda, and to return executed addenda with the proposal.
D. Direct inquiries to:
Lilia Jaimes-Renteria Buyer II City of Homestead
Procurement & Contract Services 450 SE 6th Avenue Homestead, FL 33030 Tel: 305-224-4626 Email: [email protected]
XI. OTHER MATTERS:
A. Force Majeure:
The performance of any act by the City or Contractor hereunder may be delayed or suspended at any time while, but only so long as, either party is hindered in or prevented from performance by acts of God, the elements, war, rebellion, strikes, lockouts or any cause beyond the reasonable control of such party, provided however, the City shall have the right to provide substitute service from third parties or City forces and in such event the City shall withhold payment due Contractor for such period of time. If the condition of force majeure exceeds a period of 14 days the City may, at its option and discretion, cancel or renegotiate this Agreement.
B. Collusion:
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By offering a submission pursuant to this RFP, the proposer certifies the proposer has not divulged, discussed or compared its proposal with other proposers and has not colluded with any other proposer or parties to this proposal whatsoever. Also, the proposer certifies, and in the case of a joint proposal, each party thereto certifies, as to his own organization, that in connection with this proposal the above statement is correct: Any prices and/or cost data submitted have been arrived at independently, without consultation, communication or agreement for the purpose of restricting competition, as to any matter relating to such prices and/or cost data, with any other proposer or with any competitor; Any prices and/or cost data quoted for this proposal have not knowingly been disclosed by the proposer and will not knowingly be disclosed by the proposer prior to the scheduled opening, directly or indirectly to any other proposer or to any competitor; No attempt has been made or will be made by the proposer to induce any other person or firm to submit or not to submit a proposal for the purpose of restricting competition; The only person or persons interested in this proposal, principal or principals is/are named therein and that no person other than therein mentioned has any interest in this proposal or in the contract to be entered into; No person or agency has been employed or retained to solicit or secure this contract upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee excepting bona fide employees.
C. City Website: Bids, addenda, bid tabulations, lists of pre-bid conferences attendees and other information is available on the Procurement and Contract Services Department’s “Bid’s & RFP’s” page, which can be found at: http://www.cityofhomestead.com/bids.aspx
D. Scrutinized Companies: 1. Contractor certifies that it and its subcontractors are not on the Scrutinized
Companies that Boycott Israel List. Pursuant to Section 287.135, F.S., the City may immediately terminate this Agreement at its sole option if the Contractor or its subcontractors are found to have submitted a false certification; or if the Contractor, or its subcontractors are placed on the Scrutinized Companies that Boycott Israel List or is engaged in the boycott of Israel during the term of the Agreement.
2. If this Agreement is for more than one million dollars, the Contractor certifies that it and its subcontractors are also not on the Scrutinized Companies with Activities in Sudan, Scrutinized Companies with Activities in the Iran
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Petroleum Energy Sector List, or engaged with business operations in Cuba or Syria as identified in Section 287.135, F.S. Pursuant to Section 287.135, F.S., the City may immediately terminate this Agreement at its sole option if the Contractor , its affiliates, or its subcontractors are found to have submitted a false certification; or if the Contractor, its affiliates, or its subcontractors are placed on the Scrutinized Companies with Activities in Sudan List, or Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaged with business operations in Cuba or Syria during the term of the Agreement.
3. The Contractor agrees to observe the above requirements for applicable subcontracts entered into for the performance of work under this Agreement.
4. As provided in Subsection 287.135(8), F.S., if federal law ceases to authorize the above-stated contracting prohibitions then they shall become inoperative.
All clauses mandated by applicable law are incorporated herein.
XII. TERMS AND CONDITIONS OF AGREEMENT:
The Agreement to be entered into with the successful proposer will include, but not be limited to, the following terms and conditions.
XII.I CITY PROVISIONS:
A. To the fullest extent permitted by law the Proposer shall hold harmless, defend at its own expense, and indemnify the City, its officers, agents, employees, directors, independent contractors, volunteers, successors and assigns and other authorized representatives from and against any and all liability, claims, demands, damages, losses, expenses, including reasonable attorney’s fees, arising from all acts or omissions misfeasance, or malfeasance of the Proposer, or its officers, agents, servants, independent contractors or employees, including fines, fees, expenses, penalties, and attorney’s fees for trial and on appeal, and of any kind and nature arising out of the actions of the Proposer connected with this Proposal or the performance of any engagement, contract or agreement resulting from this Proposal, whether by act or omission of the Proposer, its agents, servants, employees or others; and including those claims or liabilities arising from City's negligence, except to the extent said claim or liability is caused by the sole negligence or intentional wrongful act of the City or City's agents or employees. These indemnification provisions are independent of and shall not in any way be limited by the insurance contracts required by this Proposal and does not in any way relieve Proposer from liability under this section.
B. The proposers shall pay all royalties and assume all costs arising from the use of any invention, design, process materials, equipment, product or device which is the subject
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of patent rights or copyrights. Proposer shall, at its own expense, hold harmless and defend the City against any claim, suit or proceeding brought against the City which is based upon a claim, whether rightful or otherwise, that the goods or services, or any part thereof, furnished under the contract, constitute an infringement of any patent or copyright of the United States. The proposer shall pay all damages and costs awarded against the City.
C. An understanding and agreement, by and between the proposer and the City, that the completion time as specified in proposer's submission will be met and that all work shall be prosecuted regularly, diligently, and uninterrupted at such rate of progress as will ensure full completion thereof within the time specified.
D. The Local preference provisions of Section 2-411 (a) of the City Code shall not be applicable.
E. Public Records Act Compliance: PUBLIC RECORDS: 1. The successful proposer who is ultimately awarded a City contract pursuant to this
solicitation (the “Contractor”) agrees to keep and maintain public records in Contractor’s possession or control in connection with Contractor’s performance under the Agreement. Contractor additionally agrees to comply specifically with the provisions of Section 119.0701, Florida Statutes. Contractor shall ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed, except as authorized by law, for the duration of the Agreement, and following completion of the Agreement until the records are transferred to the City.
2. Upon request from the CITY custodian of public records, CONTRACTOR shall provide the CITY with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided by Chapter 119, Florida Statutes, or as otherwise provided by law.
3. Unless otherwise provided by law, any and all records, including but not limited to reports, surveys, and other data and documents provided or created in connection with this Agreement are and shall remain the property of the CITY.
4. Upon completion of this Agreement or in the event of termination by either party, any and all public records relating to the Agreement in the possession of the CONTRACTOR shall be delivered by the CONTRACTOR to the CITY MANAGER, at no cost to the CITY, within seven (7) days. All such records stored electronically by CONTRACTOR shall be delivered to the CITY in a format that is compatible with the CITY’S information technology systems. Once the public records have been delivered upon completion or termination of this Agreement, the
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CONTRACTOR shall destroy any and all duplicate public records that are exempt or confidential and exempt from public records disclosure requirements.
5. Any compensation due to CONTRACTOR shall be withheld until all records are received as provided herein.
6. CONTRACTOR’s failure or refusal to comply with the provisions of this section shall result in the immediate termination of this Agreement by the CITY.
Section 119.0701(2)(a), Florida Statutes IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS. Custodian of Records: ELIZABETH SEWELL, CITY CLERK Mailing address: 100 CIVIC COURT, HOMESTEAD, FL 33030 Telephone number: 305-224-4442 Email: [email protected]
F. Contract/Service Audit: The successful proposer who is ultimately awarded a City Contract pursuant to this solicitation (the “Contractor”) hereby grants City the right to audit any of Contractor’s books, documents and papers that were generated during the course of administration of the Contract and the performance of the services pursuant to the Contract.
XII.II FEDERAL PROVISIONS:
A. Equal Employment Opportunity. CONTRACTOR shall comply with Executive Order (E.O.) 11246, "Equal Employment Opportunity," as amended by E.O. 1 1375, "Amending Executive Order 1 1246 Relating to Equal Employment Opportunity," and as supplemented by regulations at 41 CFR part 60, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor." During the performance of this contract, CONTRACTOR agrees as follows: (1) CONTRACTOR will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. CONTRACTOR will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following:
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Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. CONTRACTOR agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. (2) CONTRACTOR will, in all solicitations or advertisements for employees placed by or on behalf of CONTRACTOR, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. (3) CONTRACTOR will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with CONTRACTOR's legal duty to furnish information. (4) CONTRACTOR will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of CONTRACTOR's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (5) CONTRACTOR will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (6) CONTRACTOR will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (7) In the event of CONTRACTOR's noncompliance with the nondiscrimination clauses of the Purchase Order or with any of the said rules, regulations, or orders, this Purchase Order may be canceled, terminated, or
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suspended in whole or in part and CONTRACTOR may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (8) CONTRACTOR will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. CONTRACTOR will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, that in the event CONTRACTOR becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, CONTRACTOR may request the United States to enter into such litigation to protect the interests of the United States. The applicant further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work: Provided, that if the applicant so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the Purchase Order. The applicant agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance. The applicant further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive Order. In addition, the
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applicant agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions: Cancel, terminate, or suspend in whole or in part this grant (contract, loan, insurance, guarantee); refrain from extending any further assistance to the applicant under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such applicant; and refer the case to the Department of Justice for appropriate legal proceedings.
B. Copeland "Anti-Kickback" Act (18 U.S.C. 874 and 40 U.S.C. 276c). (1) Contractor. CONTRACTOR shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and the requirements of 29 C.F.R. pt. 3 as may be applicable, which are incorporated by reference into this Addendum. (2) Subcontracts. CONTRACTOR or subcontractor shall insert in any subcontracts the clause above and such other clauses as FEMA may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all of these contract clauses. (3) Breach. A breach of the contract clauses above may be grounds for termination of the contract, and for debarment as a contractor and subcontractor as provided in 29 C.F.R. § 5.12.
C. Davis-Bacon Act, as amended (40 U.S.C. 276a to a-7). (1) All transactions regarding the Purchase Order shall be done in compliance with the Davis-Bacon Act (40 U.S.C. 3141- 3144, and 3146-3148) and the requirements of 29 C.F.R. pt. 5 as may be applicable. CONTRACTOR shall comply with 40 U.S.C. 3141-3144, and 3146-3148 and the requirements of 29 C.F.R. pt. 5 as applicable. (2) Contractors are required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. (3) Additionally, contractors are required to pay wages not less than once a week.
D. Contract Work Hours and Safety Standards Act (40 U.S.C. 327-333). (1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in
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any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek (2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in subparagraph (1) of this Section, CONTRACTOR and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such CONTRACTOR and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in subparagraph (1) of this Section, in the sum of $27 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in subparagraph (1) of this Section. (3) Withholding for unpaid wages and liquidated damages. The CITY shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by CONTRACTOR or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of CONTRACTOR or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in subparagraph (1) of this Section. (4) Subcontracts. CONTRACTOR or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (b)(1) through (4) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in subparagraphs (1) through (4) of this Section.
E. Clean Air Act (42 U.S.C. 7401 et seq.) (1) CONTRACTOR agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq. (2) CONTRACTOR agrees to report each violation to the CITY and understands and agrees that the CITY will, in turn, report each violation as
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required to assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. (3) CONTRACTOR agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA.
F. The Federal Water Pollution Control Act, as amended (33 U.S.C. 1251 et seq.). (1) CONTRACTOR agrees to comply with all applicable standards, orders, or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq. (2) CONTRACTOR agrees to report each violation to the CITY and understands and agrees that the CITY will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. (3) CONTRACTOR agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA.
G. Byrd Anti-Lobbying Amendment (31 U.S.C. 1352). Contractors who apply or bid for an award of $100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, officer or employee of Congress, or an employee of a Member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient who in turn will forward the certification(s) to the awarding agency.
H. Debarment and Suspension (E.O.s 12549 and 12689). (1) The Purchase Order is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such, CONTRACTOR is required to verify that none of the contractor’s principals (defined at 2 C.F.R. § 180.995) or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935).
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(2) CONTRACTOR must comply with 2 C.F.R. pt. 180, subpart C and2 C.F.R. pt. 3000, subpart C, and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. (3) This certification is a material representation of fact relied upon by CITY. If it is later determined that CONTRACTOR did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to CITY, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. (4) CONTRACTOR agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while the Purchase Order is valid. CONTRACTOR further agrees to include a provision requiring such compliance in its lower tier covered transactions.
I. Procurement of Recovered Materials. (1) In the performance of the Purchase Order, the CONTRACTOR shall make maximum use of products containing recovered materials that are EPA-designated items unless the product cannot be acquired:
a. Competitively within a timeframe providing for compliance with the contract performance schedule; b. Meeting contract performance requirements; or c. At a reasonable price.
(2) Information about this requirement, along with the list of EPA- designated items, is available at EPA’s Comprehensive Procurement Guidelines web site, https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program. (3) The CONTRACTOR also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act.
J. Access to Records. (1) CONTRACTOR agrees to provide CITY, the FEMA Administrator, the Comptroller General of the United States, or any of their authorized representatives access to any books, documents, papers, and records of the CONTRACTOR which are directly pertinent to the Purchase Order for the purposes of making audits, examinations, excerpts, and transcriptions. (2) CONTRACTOR agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. (3) CONTRACTOR agrees to provide the FEMA Administrator his authorized representatives access to construction or other work sites pertaining to the work being completed under the Purchase Order
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(4) In compliance with the Disaster Recovery Act of 2018, the CITY and CONTRACTOR acknowledge and agree that no language in this contract is intended to prohibit audits or internal reviews by the FEMA Administrator or the Comptroller General of the United States.
K. Use of DHS Seal, Logo, and Flags. The CONTRACTOR shall not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA pre-approval.
L. No Obligation by Federal Government. The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the non-Federal entity, contractor, or any other party pertaining to any matter resulting from the contract.
M. Program Fraud and False or Fraudulent Statements or Related Acts. The CONTRACTOR acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the CONTRACTOR’s actions pertaining to this contract.
N. Compliance with Federal Law, Regulations, and Executive Orders. This is an acknowledgement that FEMA financial assistance will be used to fund all or a portion of the contract. The contractor will comply with all applicable Federal law, regulations, executive orders, FEMA policies, procedures, and directives.
O. 2 CFR Part 200— Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards as required by the provisions of 24 CFR Part 570.503 (b) (4) and 24 CFR Part 570.502.
PART 200-UNIFORM ADMINISTRATIVE REQUIREMENTS, COST PRINCIPLES, AND AUDIT REQUIREMENTS FOR FEDERAL AWARDS
The procurement standards must be met in accordance with the following categories:
➢ General procurement standards (2 C.F.R. Part 200.318).
➢ Competition (2 C.F.R. Part 200.319).
➢ Methods of procurement (2 C.F.R. Part 200.320).
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➢ Contracting with small and minority businesses, women’s business
enterprises, and area labor surplus firms (2 C.F.R. Part 200.321).
➢ Procurement of recovered materials (2 C.F.R. Part 200.322).
➢ Contract cost and price (2 C.F.R. Part 200.323).
➢ Awarding agency and pass-through entity review (2 C.F.R. Part 200.324).
➢ Bonding requirements (2 C.F.R. Part 200.325).
➢ Contract provisions (2 C.F.R. Part 200.326 and Appendix II).
The State of Florida, Department of State and City of Homestead Grant Agreement: 21.h.sm.300.078
XIII. PROPOSAL EVALUATION COMMITTEE AND PROCEDURES FOR REVIEW OF PROPOSALS:
A. Initial Evaluation of Proposals:
The Procurement Office Representative shall perform the initial review of all proposals submitted for qualifications certification. This process includes, but is not limited to the following:
1. The proposal was submitted by the deadline;
2. All required documents have been submitted;
3. All documents requiring an original signature have been signed and submitted; and,
4. Verification through the professional regulatory agency to ensure proper professional licenses or credentials as required.
B. Evaluation Committee: A Committee shall be established to review and evaluate all proposals submitted in response to this Request for Proposals (RFP). The Committee shall conduct a preliminary evaluation of all proposals on the basis of the information provided and other evaluation criteria as set forth in this Request for Proposals or as reasonably determined by the Committee. The Evaluation Committee is comprised of qualified and recommended City staff members and/or consultant, expert, or other government agency staff members who are appointed by the City Manager or Designee in coordination with the requesting department. The Evaluation Committee shall consist of members who have experience, knowledge and/or expertise in the program area
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and service requirements of the solicitation. The Procurement Office Representative shall be the facilitator of the Review Committee meeting(s).
C. Determining Responsibility: The Committee will first review each Proposal for compliance with the minimum qualifications and mandatory requirements of the RFP. In conjunction with the weighted criteria being used to determine the capability of the proposal, the City may also consider the Proposer’s ability to meet or exceed the following criteria:
1. The Proposer’s ability, capacity, and skill to perform the contract or provide the service within the time specified;
2. The quality of performance of previous contracts or services including previous performance with the Authority;
3. Previous and existing compliance by the Proposer with laws and ordinances relating to the contract or service;
4. Financial resources of the Proposer’s to perform the contract or provide the service; and,
5. Whether the Proposer is in arrears to the Authority on a debt or a contract; whether the Proposer is in default on surety to the City; or whether the Proposer’s taxes are delinquent.
Failure to comply with any mandatory requirements may disqualify a Proposer.
D. Presentations or Interviews- Upon initial completion of the criteria evaluation
rating and ranking, the Selection Committee may choose to conduct oral presentations and/or interviews with the top three (3) Proposers or all proposers that the Selection Committee deems necessary to warrant further consideration based on, among other considerations, scores in clusters and/or maintaining competition regarding the qualifications, ability to furnish the required services and all criteria set forth herein. The Procurement & Contract Service Office will notify the proposer(s) of the Authority’s decision to request presentations and/or interviews, as applicable. Upon completion of the oral presentations and interviews, the Selection Committee will perform a final review to re-evaluate, re-rate, and re-rank the Proposals remaining in consideration based upon the written documents, combined with the oral presentations and interviews. In such circumstances, the initial rankings of the Proposers shall be considered preliminary rankings until after the oral presentations and interviews are completed.
E. Best and Final Offer and Negotiations: The City may request that the respondents provide a Best and Final Offer submittal before final determination
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for recommendation of contract award. The contract negotiation will include, at a minimum, a member from the Procurement Office and a member from the end user department. The City reserves the right to negotiate any and all elements of a contract resulting from this RFP. The City Procurement and Contract Services Procurement Manager reserves the right to conduct pre-award discussion and or pre-contract negotiations with any or all responsive and responsible proposers who submit proposals determined to be reasonably acceptable of being selected for award. Proposers shall be accorded fair and equal treatment with respect to any opportunity for discussion and revision of proposals and such revisions may be permitted after submission of proposals and prior to award of a contract. In conducting discussions, there shall be no disclosure of any information derived from Proposals by competing Proposers except as may be required by the Florida Public Records Law, Chapter 119, Florida Statutes.
F. Rejection of proposals & waiver of irregularities: The City reserves the right to reject any or all proposals, to waive any irregularities or informalities in any proposal or in the proposal procedures, to accept or reject any item or combination of items, to request clarification of any information submitted by proposers and to make awards in the best interest of the City. The City further reserves the right to seek new Proposals when such a procedure is reasonably in the best interest of the City to do so.
G. Award: Any award made shall be subject to execution of an Agreement in a form and substance approved by the City Attorney. The award will be to the proposer(s) whose proposal complies with all requirements set forth in this RFP, and whose proposal, in the opinion of the City, is the best proposal taking into consideration all aspects of the Proposer’s response, including the total net cost to the City.
H. Evaluation Committee Tabulation: Interested proposers may email the Procurement Office for the results. For a proposal to be eligible, the format set forth in this RFP must be strictly followed. During this RFP process, any intentional omissions, alterations, or false representations will be grounds for rejection of any Proposal. The City of Homestead is an Equal Opportunity Employer. MBE/WBE/DBE businesses are encouraged to participate. It is not required that the successful Proposer have previous experience with the City of Homestead.
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XIV. EVALUATION/AWARD CRITERIA:
The below criteria and weighted points will be used to establish a baseline evaluation of the proposals prior to the convening of the Evaluation Committee. Each committee member will then rank the proposals and the ranking of the proposals will be averaged. The Evaluation Committee will make their ultimate decision and recommendation by means of consensus.
Selection and award shall be made to the successful responsible Proposer(s) whose Proposal is determined to be the most advantageous to the City, taking into consideration the evaluation factors set forth below:
The City’s evaluation criteria will include, but not be limited to, consideration of the following:
EVALUATION CATEGORIES POINTS POSSIBLE
Firm & Key Personnel Qualifications and Experience 20 points Similar Projects 15 points Project Approach to Technical Implementation 25 points Project Approach to Research & Content Creation 25 points Price Schedule 15 points ________________ Total: 100 Points
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FORMS REQUIRED WITH SUBMITTAL
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PROPOSER'S CERTIFICATION
I have carefully examined the Request for Proposal and any other documents accompanying or made a part of this Request for Proposal.
I hereby propose to furnish the goods or services specified in the Request for Proposal. I agree that my proposal will remain firm for a period of 365 days in order to allow the City adequate time to evaluate the proposals.
I certify that all information contained in this proposal is truthful to the best of my knowledge and belief. I further certify that I am duly authorized to submit this proposal on behalf of the firm as its act and deed and that the firm is ready, willing and able to perform if awarded the contract.
I further certify, under oath, that this proposal is made without prior understanding, agreement, connection, discussion, or collusion with any other person, firm or corporation submitting a proposal for the same product or service; no officer, employee or agent of the City of Homestead or any other proposer is interested in said proposal; and that the undersigned executed this Proposer's Certification with full knowledge and understanding of the matters therein contained and was duly authorized to do so.
A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crimes may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with a public entity , and may not transact business with any public entity in excess of the threshold amount provided in Sec. 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. __________________________________ Name of Business BY: Sworn to and subscribed before me
this _____ day of ______________, 20___ _________________________________________ Signature _________________________________________ Name and Title, Typed or Printed _________________________________________ _________________________________________ Mailing Address Notary Public _________________________________________ STATE OF _______________________________________ City, State, Zip Code (_______) _________________________________ _________________________________________ Telephone Number My Commission Expires Acknowledgement of Addendums: Issued Addendums must be signed and submitted with
proposal.
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CERTIFICATION REGARDING LOBBYING
The undersigned _____________________________________(CONTRACTOR) certifies, to the best of his or her knowledge, that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to
any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress, in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.
2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions.
3. The undersigned shall require that the language of this certification be included in the award documents
for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31, U.S.C. §1352 (as amended by the Lobbying Disclosure Act of 1995). Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
The Contractor, __________________________________, certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. §3801 et seq., apply to this certification and disclosure, if any. Signature of Contractor’s Authorized Official Name and Title of Contractor’s Authorized Official Date
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SMALL AND MINORITY AND WOMEN’S BUSINESS ENTERPRISE
Company Name (Proposer):
Project Name: Homestead History Experience
RFP Number: 202116
CFR §200.321 requires Non-Federal Entities (State, local and Tribal governments) to take all necessary affirmative steps to assure that minority business, women’s business enterprises, and labor surplus area firms are used when possible. The City of Homestead, Florida requires that proposers, if subcontracts are to be let, to take affirmative steps as cited in RFP. Small and Minority Businesses, Women’s Business Enterprises (SMWBE), and Labor Surplus Area Firms Opportunity Program Requirements. Please describe your firm’s plan for identifying and potential use of SMWBE and Labor Surplus Area Firms. Additional pages may be attached, as necessary.
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PROTEST PROCEDURES Any interested party who is aggrieved in connection with the solicitation, evaluation, or award of an Agreement may file a protest with the Procurement Manager (“Manager”), and appeal any adverse decision to the Director of General Services (“Director”). If at the time of the filing of an appeal of an adverse protest decision there is no Director of General Services on City staff, the City Manager will designate a City staff person who was not involved in the original protest decision to handle the protest appeal. Such protest must be in writing and submitted to the Manager as follows:
Pre-Bid / Pre-Proposal Protests: Protests pertaining to the terms, conditions or proposed form of procurement must be received by the Manager within five (5) business days prior to the date established for the opening of bids or receipt of responses. Untimely, or late protests, will not be considered, unless the Manager concludes that the issue(s) raised by the protest involves fraud, gross abuse of the procurement process, or otherwise indicates substantial prejudice to the integrity of the procurement system. Submit all protests to:
CITY OF HOMESTEAD PROCUREMENT & CONTRACT SERVICES DIVISION ATTN: PROCUREMENT MANAGER 450 SE 6TH AVENUE, HOMESTEAD, FLORIDA 33030 Post-Award Protests: Protests concerning award decisions, including bid evaluations, must be received by the Manager within five (5) business days after award has been made and recognized by the Board. Untimely, or late protests, will not be considered, unless the Manager concludes that the issue(s) raised by the protest involves fraud, gross abuse of the procurement process, or otherwise indicates substantial prejudice to the integrity of the procurement system.
Interested Parties: For the purposes of this procedure, “interested parties” shall be defined as follows:
For Pre-Bid / Pre-Proposal Protests concerning the terms, conditions or form of a proposed procurement, any prospective Respondent whose direct economic interest would be affected by the award, or failure to award an Agreement.
For Post-Award Protests concerning award decisions, only those actual Respondents, who have submitted a response to this solicitation and who, if their complaint is deemed by the City to be meritorious, would be eligible for selection as the successful Respondent for award of an Agreement.
All formal protests shall be signed, notarized and reference the following:
Name, address and telephone number of the interested party;
Solicitation number and title;
Specific statutory or regulatory provision(s) that the action under protest is alleged to have violated;
Specific description of each act alleged to have violated the statutory or regulatory provision(s) identified above;
Precise statement of facts;
Identification of the issue(s) to be resolved; and
Argument and authorities in support of the protest.
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The Manager shall have the authority, prior to any appeal to the Director, to settle any dispute and resolve the protest. The Manager may solicit written responses regarding the protest from other interested parties. If the protest is not resolved by mutual agreement, the Manager will issue a written determination on the protest.
If the Manager determines that no violation of rules or statutes has occurred, he/she shall so inform the protesting party, and at his discretion, other interested parties by letter which sets forth the reasons for the determination.
If the Manager determines that a violation of the rules or statutes has occurred and an Agreement has not yet been awarded, he/she shall so inform the protesting party, and at his discretion, other interested parties by letter which sets forth the reasons for the determination and the appropriate remedial action.
If the Manager determines that a violation of the rules or statutes has occurred and an Agreement has been awarded, he/she shall so inform the protesting party, and at his discretion, other interested parties by letter which sets forth the reasons for the determination, which may include ordering of the Agreement void.
If the protest is not resolved by mutual agreement, the Manager will issue a written determination on the protest.
Appeals: The Manager’s determination on a protest may be appealed to the Director. An appeal to the Director must be received no later than ten (10) business days after the date of the written determination issued by the Manager, and be addressed to the Director at 450 SE 6th Avenue Homestead, FL 33030, Attention: Director of General Services, and sent via certified mail. The appeal shall be limited to a review of the determination made by the Manager.
The Director for the City will review the protest, the Manager’s determination, any responses from interested parties, and the appeal, and prepare a written response to the protesting party.
The Director's response shall be the final administrative action taken by the City.
Any protest submitted must follow these procedures or it will be returned without action.
I HEREBY ACKNOWLEDGE THAT I HAVE RECEIVED AND READ THE PROTEST PROCEDURES SET FORTH IN THIS EXHIBIT.
DATE: ______________________________________________________
SIGNATURE: ______________________________________________________
NAME / TITLE: ______________________________________________________
RESPONDENT/ CONTRACTOR: ______________________________________________________
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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.
1. This sworn statement is submitted to the CITY OF HOMESTEAD, FLORIDA
by:
(print individual’s name and title)
for:
(print name of entity submitting sworn statement)
whose business 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 287.133(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 misrepresentations.
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 1, 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: 1. 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 constituting a controlling 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.
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6. Based on information and belief, the statement, which I have marked below, is true in relations 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 has been charged with ad 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 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 1, 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 of the final order).
I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH 1 ABOVE IS FOR THAT PUBLIC ENTITY ONLY AND THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED. I ALSO 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 STATE OF FLORIDA ) COUNTY OF MIAMI-DADE ) Sworn to (or affirmed) and subscribed before me by means of ____ physical presence or ____ online notarization, this _____ day of ______________________, 20___, by ______________________________________. (Name of person making statement) Personally known to me _____ or has produced Identification _____, type of identification produced________________________________________. __________________________________________ (NOTARY SEAL HERE) SIGNATURE OF NOTARY PUBLIC Form PUR-7068 (Rev. 3/3/99)
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AMERICANS WITH DISABILITIES ACT (ADA) DISABILITY NONDISCRIMINATION STATEMENT
THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS.
This sworn statement is submitted to the CITY OF HOMESTEAD, FLORIDA
by: (print individual’s name and title)
for: (print name of entity submitting sworn statement)
whose business 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: _______-_________-_______.) I, being duly first sworn state: That the above named firm, corporation or organization is in compliance with and agreed 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 American with Disabilities Act of 1990 (ADA), Pub. L. 101-336, 104 Stat 327, 42 USC 1210112213 and 47 USC Sections 225 and 661 including Title I, Employment; Title II, Public Services; Title III, Public Accommodations and Services Operated by Private entities; Title IV, Telecommunications; and Title V, Miscellaneous Provisions.
The Florida Americans with Disabilities Accessibility Implementation Act of 1993, Section 553.501-553.513, Florida Statutes:
The Rehabilitation Act of 1973, 229 USC Section 794;
The Federal Transit Act, as amended 49 USC Section 1612;
The Fair Housing Act as amended 42 USC Section 3601-3631. _________________________________________ Signature STATE OF FLORIDA ) COUNTY OF MIAMI-DADE ) Sworn to (or affirmed) and subscribed before me by means of ____ physical presence or ____ online notarization, this _____ day of ______________________, 20___, by ______________________________________. (Name of person making statement) Personally known to me _____ or has produced Identification _____, type of identification produced________________________________________. __________________________________________ (NOTARY SEAL HERE) SIGNATURE OF NOTARY PUBLIC
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BUSINESS ENTITY AFFIDAVIT (VENDOR / BIDDER DISCLOSURE)
CITY OF HOMESTEAD BUSINESS ENTITY STATEMENT (VENDOR/BIDDER DISCLOSURE) Bidder or Vendor hereby recognizes and certifies that no elected official, board member, or employee of the City of Homestead (the "City") shall have a financial interest directly or indirectly in this transaction or any compensation to be paid under or through this transaction, and further, that no City employee, nor any elected or appointed officer (including City board members) of the City, nor any spouse, parent or child of such employee or elected or appointed officer of the City, may be a partner, officer, director or proprietor of Bidder or Vendor, and further, that no such City employee or elected or appointed officer, or the spouse, parent or child of any of them, alone or in combination, may have a material interest in the Vendor or Bidder. Material interest means direct or indirect ownership of more than 5% of the total assets or capital stock of the Vendor or Bidder. Any exception to these above described restrictions must be expressly provided by applicable law or ordinance and be confirmed in writing by City. Further, Bidder or Vendor recognizes that with respect to this transaction or bid, if any Bidder or Vendor violates or is a party to a violation of the ethics ordinances or rules of the City, the provisions of Miami-Dade County Code Section 2-11.1, as applicable to City, or the provisions of Chapter 112, part III, Fla. Stat., the Code of Ethics for Public Officers and Employees, such Bidder or Vendor may be disqualified from furnishing the goods or services for which the bid or proposal is submitted and may be further disqualified from submitting any future bids or proposals for goods or services to City. Bidder or Vendor must complete and execute the Business Entity Affidavit form. The terms "Bidder" or "Vendor," as used herein, include any person or entity making a proposal herein to City or providing goods or services to City. I, _____________________________________________________, being first duly sworn state:
The full legal name and business address of the person(s) or entity contracting or transacting business with the City of Homestead ("City") are (Post Office addresses are not acceptable), as follows:
Federal Employer Identification Number (If none, Social Security #):
______________________________________________________________________________ Name of Entity, Individual, Partners, or Corporation _____________________________________________________________________________________________ Doing business as, if same as above, leave blank ______________________________________________________________________________Street Address Suite City State Zip
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OWNERSHIP DISCLOSURE AFFIDAVIT
1. If the contact or business transaction is with a corporation, the full legal name and business address shall be provided for each officer and director and each stockholder who holds directly or indirectly five percent (5%) or more of the corporation's stock. If the Contract or business transaction is with a trust, the full legal name and address shall be provided for each trustee and each beneficiary. All such names and addresses are (Post Office addresses are not acceptable), as follows:
Full Legal Name Address Ownership
___________________________________________________________________________ %
___________________________________________________________________________ %
___________________________________________________________________________ %
2. The full legal names and business address of any other individual (other than subcontractors, material men, suppliers, laborers, or lenders) who have, or will have, any interest (legal, equitable, beneficial or otherwise) in the Contract or business transaction with the City are (Post Office addresses are not acceptable), as follows:
______________________________________________________________________________
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______________________________________________________________________________
______________________________________________________________________________
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Signature of Affiant Date ___________________________________________________ Printed Name of Affiant STATE OF FLORIDA ) COUNTY OF MIAMI-DADE ) Sworn to (or affirmed) and subscribed before me by means of ____ physical presence or ____ online notarization, this _____ day of ______________________, 20___, by ______________________________________. (Name of person making statement) Personally known to me _____ or has produced Identification _____, type of identification produced________________________________________. __________________________________________ (NOTARY SEAL HERE) SIGNATURE OF NOTARY PUBLIC
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SCRUTINIZED COMPANIES FORM
The undersigned CONTRACTOR in accordance with Section 287.135, Florida Statutes, hereby certifies that:
1. CONTRACTOR is not participating in a boycott of Israel;
2. CONTRACTOR is not on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List;
3. CONTRACTOR does not have business operations in Cuba or Syria.
___________________________________________ Signature (Blue ink only) ___________________________________________ Print Name ____________________________________________________________ Title ____________________________________________ Date STATE OF FLORIDA ) COUNTY OF MIAMI-DADE )
The foregoing instrument was acknowledged before me by means of ____ physical presence or ____ online notarization, this _____ day of ______________________, 20___, by ________________________________________ as ________________________________________ (Name of person acknowledging) (Title) for _______________________________________. (Company name) Personally known to me _____ or has produced Identification _____, type of identification produced________________________________________. __________________________________________ (NOTARY SEAL HERE) SIGNATURE OF NOTARY PUBLIC PRINT, TYPE/STAMP NAME OF NOTARY
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VENDOR REGISTRATION INSTRUCTIONS To register as a vendor with the City of Homestead, please use the following URL link to complete the online registration: https://coh13.cityofhomestead.com/Click2GovPI/registration.html
1. Complete the online portion of the application a. Click on “Doing Business” b. Click on “New Vendor” c. Select “Step 1: Click here to create a new online vendor account”
Be sure to include the Tax ID #, commodities, and contact information.
2. Step 2: Send completed forms in this bid submission and email them to [email protected]
3. Lastly, the Procurement Division will contact you via email with your vendor number once your application has been processed
If, already a registered vendor with the City of Homestead, please confirm your account is active and update any contact information to your account and provide vendor number below: Vendor #: ___________________
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W-9 FORM
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ATTACHMENT “A” – FEE PROPOSAL/PRICE SCHEDULE ** This attachment “A” shall be submitted in a separate sealed envelope, see Section IX, Tab 9
Description Price
Historical research and content development: $___________________________
Exhibit design, fabrication, and installation: (Education signage and interactive displays) $___________________________
Web application and VR experience development: (Virtual reality (VR) experience and a related web application)
$___________________________
Total: $___________________________
COMPANY NAME: _____________________________________________________
_________________________________ ________________________________ Authorized Signature Print Name ______________________________ ______________________________ Title Telephone Number ______________________________ ______________________________ Email Address Date