HomeMy Public PortalAboutResolution No. 23-011 - Resolution authorizing RFP for water, wastewater and stormwater rate studySponsored by: Interim City Manager
RESOLUTION NO. 23-011
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF OPA-LOCKA, FLORIDA, AUTHORIZING THE
INTERIM CITY MANAGER TO ISSUE A REQUEST FOR
PROPOSALS (RFP) FOR A QUALIFIED CONSULTANT TO
PERFORM A WATER, WASTEWATER, AND
STORMWATER RATE STUDY FOR THE CITY;
PROVIDING FOR INCORPORATION OF RECITALS;
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, there is a need to update City of Opa-Locka's ("City") Water,
Sewer and Stormwater rates to ensure that these Funds generate sufficient revenues
to cover operating expenses as well as fund infrastructure improvements; and
WHEREAS, the Interim City Manager recommends that the City Commission
authorize the issuance of a Request For Proposals (RFP) to obtain consulting services
to develop recommendations to ensure the financial well-being of said funds; and
WHEREAS, the City previously observed a rate plan which recognized the
need for increasing rates to ensure the Water -Sewer and Stormwater funds were
capable of covering operating costs while also investing in infrastructure
improvements. For the Water -Sewer Fund, in particular, this meant upgrading an
older system with insufficient capacity for future city growth. For the Stormwater
Fund, this meant installation of a storm drainage system in need of upgrades in
several portions of the City; and
WHEREAS, between October 1, 2015 and October 1, 2018, Water -Sewer rates
were programmed to increase by Twenty -Six percent (26%) while Stormwater rates
were programmed to increase by Two Hundred Fifty Eight percent (258%); and
WHEREAS, in 2018, pursuant to Ordinance 18-13, due to a concern of
increasing rates while the City and its residents were experiencing financial
challenges, the City Commission rolled rates back to 2015, with the added provision
that there would be no rate increases until a rate study was completed; and
WHEREAS, consequently, the City is currently using Fiscal Year 2016 rates
(effective October 1, 2015) to pay for Fiscal Year 2023 expenditures, which have
grown significantly since Fiscal Year 2016; and
Resolution No. 23-011
WHEREAS, additionally, for Fiscal Year 2023 the Water -Sewer Fund is
budgeted for a loss of One Hundred Sixty -Four Thousand, Nineteen Dollars
($164,019.00). This includes no Water -Sewer infrastructure investment from this
fund due to lack of available funds; and
WHEREAS, the Stormwater Fund is in better financial condition with the
Fiscal Year 2023 budget indicating that current year revenue is sufficient to cover
operating expense while providing Four Hundred Fifty -Seven Thousand, Twenty -
One Dollars ($457,021.00) for Stormwater infrastructure investment. However, with
the City's storm drainage system requiring investment in the tens of millions of
dollars range, to substantially mitigate citywide flooding, the ability of the Storm
water Fund to contribute to these needs is insufficient; and
WHEREAS, the City continues to upgrade both the Water -Sewer and
Stormwater infrastructures with grants and loans, but these sources are not reliable
and require City funding, in the form of grant matches or debt repayment. To have
this funding available will require rate increases. Consequently, it is recommended
that an RFP be issued to obtain a consultant to develop rate options for City
Commission consideration; and
WHEREAS, the Interim City Manager recommends that the City Commission
approve the issuance of an RFP to obtain a rate consultant to prepare options for
City Commission consideration in order to strengthen the financial health of the
Water -Sewer and Stormwater Funds and further authorizes spending of up to Three
Thousand Dollars ($3,000.00) for advertising purposes, if deemed necessary; and
WHEREAS, the Interim City Manager shall ensure that the RFP include a
minimum of no less than two (2) community outreach and engagement events
designed to encourage robust community discussion and participation; and
WHEREAS, the City Commission finds it in the best interest of the City and
its residents to authorize the Interim City Manager to issue an RFP for a qualified
consultant to perform a Water, Wastewater and Stormwater Rate Study for the City
and to further authorize spending of up to Three Thousand Dollars ($3,000.00) for
advertising purposes, if deemed necessary.
NOW THEREFORE BE IT RESOLVED THAT THE CITY COMMISSION
OF THE CITY OF OPA LOCKA, FLORIDA:
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Resolution No. 23-011
Section 1. The recitals to the preamble herein are incorporated by reference.
Section 2. The City Commission of the City of Opa-Locka hereby authorizes
the Interim City Manager to issue Request for Proposals (RFP), attached
hereto as Exhibit "A", for provision of a qualified consultant to perform a
Water, Wastewater and Stormwater Rate Study for the City and to further
authorize spending of up to Three Thousand Dollars ($3,000.00) for
advertising purposes, if deemed necessary.
Section 3. Sections of this Resolution may be renumbered or re -lettered and
corrections of typographical errors, which do not affect the intent of this
Resolution may be authorized by the Interim City Manager, following review
by the City Attorney, without need of public hearing, by filing a corrected
copy of same with the City Clerk.
Section 4. This Resolution shall take effect upon the adoption and is subject to
the approval of the Governor or Governor's Designee.
PASSED AND ADOPTED this 25th day of Jan ury, 20
TTEST:
Joanna Flores, City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
Burr eYette Ngfris-Weeks, P.A.
City Attorney
John ylor, ayor
3
Resolution No. 23-01 1
Moved by: Commissioner Kelley
Seconded by: Commissioner Williams
VOTE: 5-0
Commissioner Bass YES
Commissioner Kelley YES
Commissioner Williams YES
Vice Mayor Ervin YES
Mayor Taylor YES
4
City of Opa-loc➢ca
Agenda Cover Menlo
Department
Director:
Airia Austin
Department
Director
Signature:
drl,
City
Manager:
Darvin Williams
CM Signature:
wei_ic./.
Commission
Meeting
Date:
01/25/2023
Item Type:
(EnterX in box)
Resolution
Ordinance
Other
Fiscal
Impact:
(Enter X in box)
Yes
No
Ordinance Reading:
(EnterX in box)
15r Reading
2nd Reading
X
public Hearing: g:
(Enter X in box)
Yes
No
Yes
No
X
Funding
Source:
Account# :
(Enter Fund & Dept.)
Ex:
See Financial
Impact Section
Advertising Requirement:
(Enter X in box)
Yes
No
X
Contract/P.O.
Required:
(EnterXinbox)
Yes
No
RFP/RFQ/Bid#:
X
Strategic
Plan Related
(EnterX in box)
Yes
No
Strategic Plan Priority
Enhance Organizational
Bus. & Economic Dev
Public Safety
Quality of Education
Qual. of Life & City Image
Communication
Area:
0
EH
Strategic Plan 04/Strategy:
(llstthe specific objective/strategy this
item will address)
X
MI
IN
OE
El
Sponsor
Name
City Manager
Department:
Ci
City Manager
Shu rt Title:
A Resollution to issue an RFP to select a qualified consu➢tent to perform a Water, Wastewater, and
Stormwater rate study
Staff Summary:
Issue / Recommendation: There is a need to update Water, Sewer and Stormwater rates to ensure these
Funds generate sufficient revenue to cover operating expense as well as fund infrastructure
improvement. Staff recommends the City Commission authorize the issuance of a Request For
Proposal (RFP) to obtain consulting services to develop recommendations to ensure the financial well-
being of these funds.
History: The City previously had a rate plan which recognized the need for increasing rates to ensure
the Water -Sewer and Stormwater funds were able to cover operating costs while also investing in
infrastructure improvements. For the Water -Sewer Fund, this meant upgrading a very old system with
insufficient capacity for a growing city. For the Stormwater Fund, this meant installation of a storm
drainage system which was lacking in several portions of the City. Between October 1, 2015 and
October 1, 2018, Water -Sewer rates were previously programmed to increase by 26% while
Stormwater rates were programmed to increase by 258%.
Due to a concern of increasing rates while the City and its residents were experiencing fmancial
challenges, in 2018 the City Commission rolled rates back to 2015, with the added provision that there
would be no rate increases until a rate study had been completed. (Ordinance 18-13) Consequently,
the City is currently using FY 16 rates (effective October 1, 2015) to pay for FY 23 expenditures,
which have grown significantly since FY 16.
Consequently, for FY 23 the Water -Sewer Fund is budgeted for a loss $164,019. This includes no
Water -Sewer infrastructure investment from this fund due to lack of available funds. The Stormwater
Fund is in better financial condition with the FY 23 budget indicating that current year revenue is
sufficient to cover operating expense while providing $457,021 for Stormwater infrastructure
investment. However, with the City's storm drainage system requiring investment in the tens of
millions of dollars range to substantially mitigate citywide flooding, the ability of the Stormwater Fund
to contribute to these needs is insufficient.
Current Activity: The City continues to upgrade both the Water -Sewer and Stormwater infrastructures
with grants and loans, but these sources aren't reliably available and also require City funding, in the
form of grant matches or debt repayment. To have this funding available will require rate increases.
Consequently, it is recommended that an RFP be issued to obtain a consultant to develop rate options
for the City Commission's consideration.
Financial Impact: The immediate impact of the issuance of an RFP will be up to $3,000 in advertising
cost to ensure this opportunity is made aware to the broadest possible range of potential bidders. This
will be funded from the advertising account in the Non -Department Division. The long-term financial
impact, subject to future City Commission approval, will be the implementation of rates that will
permit the City to move forward more aggressively in making the necessary upgrades to its Water -
Sewer and Stormwater infrastructures.
Proposed Action:
Staff recommends the City Commission approve the issuance of an RFP to obtain a rate consultant
to prepare options for City Commission consideration to strengthen the financial health of the
Water -Sewer and Stormwater Funds.
Attachment:
1. Agenda
2. RFP
City of Opa-locka
Agenda Cover Memo
Department
Director:
Bob Anathan
Department
Director Signature:
City
Manager:
E. Williams
Darvin E �/`-`�.
CM Signature:
bu'� ®,
Commission
Meeting
Item Type:
Resolution
Ordinance
Other
Date:
Jan 25, 2023
(EnterX in box)
R
Fiscal
Impact:
Yes
Ordinance Reading:
1st Reading
2nd Reading
(EnterX in box)
No
(EnterX in box)
X
Public Hearing: g:
Yes
No
Yes
No
(Enter X in box)
Funding
Source:
(Enter Fund &
Dept)
Advertising Requirement:
Yes
No
Account#:
Ex:
(EnterX in box)
Contract/P.O.
Yes
No
RFP/RFQ/Bid#:
Required:
(EnterX in box)
X
Strategic
Yes
No
Strategic Plan Priority Area:
Strategic Plan 04/Strategy:
Plan Related
(EnterX in box)
X
Enhance Organizational 0
Bus. & Economic Dev •
Public Safety III
Quality of Education •
Qual. Of Life & City Image MN
Communication III
(list the specific objective/strategy this
item will address)
Sponsor
N
Name
City Manager
Department:
City Manager
Short Title:
RFP For An Agent of Record For General Liability, Cyber Liability, Auto Liability and Physical Damage,
Property, and Workers Compensation Insurance
Staff Summary:
Issue / Recommendation,: Staff recommends the City Commission authorize the Interim City Manager to
issue an RFP for an Agent of Record that will manage the process of identifying the best qualified insurance
company to provide General Liability, Cyber Liability, Auto Liability and Physical Damage, Property and
Workers Compensation insurance coverage for the City.
History: The Florida Municipal Insurance Trust (FMIT) has provided insurance coverage for the City since
2002. FMIT provides excellent customer service and provides a wide range of proactive services designed to
assist its clients in reducing their insurable losses.
City of Opa-locka
RFP NO: 23- X
REQUEST FOR PROPOSAL (RFP)
WATER, WASTEWATER, AND STORMWATER RATE STUDY
CITY OF OPA-LOCKA
REQUEST FOR PROPOSALS
RFP NO: 23-XXXXXXX
WATER, WASTEWATER, AND STORMWATER RATE STUDY
Sealed Proposals for the Water, Wastewater, and Stormwater Rate Study will be received by the City of Opa-locka at
the Office of the City Clerk, 780 Fisherman St, 4th Floor, Opa-locka, Florida 33054, Friday, February 10, 2023 by 2:00
p.m. Any RFP Package received after the designated closing time will be returned unopened. The City of Opa-locka
will be accepting proposals by mail, however it is your responsibility to submit your proposal by the due date. In
addition, proposals may be submitted via www.demandstar.com (e -bid). The address to submit sealed proposals is
listed below:
CITY OF OPA-LOCKA
Office of the City Clerk
780 Fisherman Street, 4th Floor
Opa-locka, Florida 33054
An original and eight (8) copies for a total of nine (9) plus 1 copy of the Proposal package on USB Flash Drive in PDF
format shall be submitted in sealed envelopes/packages addressed to the City Clerk, City of Opa-locka, Florida, and
marked RFP for Water, Wastewater, and Stormwater Rate Study.
Proposers desiring information for use in preparing proposals may obtain a set of such documents by visiting the
City's website at www.opalockafl.gov or www.demandstar.com.
The City reserves the right to accept or reject any and all proposals and to waive any technicalities or irregularities
therein. The City further reserves the right to award a contract to that proposer whose proposal best complies with
the RFP NO: 23-XXXXXXX requirements. Proposers may not withdraw their proposal for a period of ninety (90)
days from the date set for the opening thereof.
A pre -bid meeting will be held on Thursday, January 26, 2023 at 10:00 a.m. at 780 Fisherman Street, 4th Floor,
Opa-locka, FL 33054 and via zoom.
To participate via Zoom, please use the call -in information listed below:
https://us02web.zoom.us/j/4638013145?pwd=UGFpTmFpbE52c2dOZnBTenB4Z21HZz09
Meeting ID: 463 801 3145
Passcode: 780334
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Joanna Flores, CMC
City Clerk
3
1-5. Inquiries: The City Clerk will receive written requests for clarification concerning the meaning or
interpretations of the RFP, until eight (8) days prior to the submittal date. City personnel are authorized only
to direct the attention of prospective Proposers to various portions of the RFP so that they may read and
interpret such for themselves. No employee of the City is authorized to interpret any portion of this RFP or
give information as to the requirements of the RFP in addition to what is contained in the written RFP
document.
1-6. Addendum: The City may record its response to inquiries and any supplemental instructions in the
form of written addenda. The CITY may mail written addenda up to three (3) calendar days before the date
fixed for receiving the proposals. Proposers shall contact the City to ascertain whether any addenda have
been issued. Failure to do so could result in an unresponsive proposal. Any oral explanation given before the
RFP opening will not be binding.
All Proposers are expected to carefully examine the proposal documents. Any ambiguities or inconsistencies
should be brought to the attention of the City's Purchasing Agent through written communication prior to
the opening of the proposals.
1-7. Contract Awards: The City anticipates entering into an Agreement with the Proposer who submits
the proposal judged by the City to be most advantageous.
The Proposer understands that this RFP does not constitute an offer or an Agreement with the Proposer. An
offer or Agreement shall not be deemed to exist and is not binding until proposals are reviewed, accepted by
appointed staff.
The City reserves the right to reject all proposals, to abandon the project and/or to solicit and re -advertise
for other proposals.
1-8. Contractual Agreement: This RFP and Consultant/Contractor proposal shall be included and
incorporated in the final award. The order of contractual precedence will be the Contract or Agreement
document, original Terms and Conditions, and Proposer response. Any and all legal action necessary to
enforce the award will be held in Miami -Dade County and the contractual obligations will be interpreted
according to the laws of Florida. Any additional contract or agreement requested for consideration by
the Proposer must be attached and enclosed as part of the proposal.
1-9. Selection Process: The proposals will be evaluated and assigned points. The firm with the highest
number of points will be ranked first; however, nothing herein will prevent the City from assigning work to
any firm deemed responsive and responsible.
The City reserves the right to further negotiate any proposal, including price, with the highest rated Proposer.
If an agreement cannot be reached with the highest rated Proposer, the City reserves the right to negotiate
and recommend award to the next highest Proposer or subsequent Proposers until an agreement is reached.
1-10. Public Records: Upon award recommendation or ten (10) days after opening, whichever occurs first,
proposals become "public records" and shall be subject to public disclosure consistent with Chapter 119
Florida Statutes. Proposers must invoke the exemptions to disclosure provided by law in the response to the
RFP and must identify the data or other materials to be protected, and must state the reasons why such
exclusion from public disclosure is necessary. Document files may be examined, during normal working
hours.
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all notices necessary and incidental to the due and lawful prosecution of the work.
1-18. Protests: Protests of the plans, specifications, and other requirements of the request for proposal and
bids must be received in writing by the City Clerk's Office at least ten (10) working days prior to the scheduled
bid opening. A detailed explanation of the reason for the protest must be included. Protests of the award or
intended award of the bid or contract must be in writing and received in the City Clerk's Office within seven
(7) working days of the notice of award. A detailed explanation of the protest must be included.
1-19. Termination for Convenience: A contract may be terminated in whole or in part by the City at any
time and for any reason in accordance with this clause whenever the City shall determine that such
termination is in the best interest of the City. Any such termination shall be affected by the delivery to the
contractor at least five (5) working days before the effective date of a Notice of Termination specifying the
extent to which performance shall be terminated and the date upon which termination becomes effective. An
equitable adjustment in the contract price shall be made for the completed service, but no amount shall be
allowed for anticipated profit on unperformed services.
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SECTION 1. GENERAL SCOPE STATEMENT
Scope of Services
The first task will be to conduct a comprehensive water, wastewater, and stormwater rate study.
Respondent should be able to conduct a detailed utility rate study providing justifiable and equitable
methodologies for appropriate user fees that are adequate to fully fund the expenses associated with utility
system operations (including General Fund Administration), Renewal & Replacement and capital
improvements through Fiscal Year ending September 2033. The scope of services for the water, wastewater,
and stormwater rate study is as follows:
1. Revenue Sufficiency Analysis - Conduct a five (5) year revenue sufficiency analysis, including
the development of a projection of water, wastewater, and stormwater rate revenue
requirements and required water, wastewater, and stormwater rate revenue increases that
are needed in each year of the projection period to fund all water, wastewater, and
stormwater system requirements, including capital expenditures.
2. Specific Rates - Develop specific water, wastewater, and stormwater rates to meet the City's
rate policy objectives, comply with generally accepted rate making practices and provide the
required water, wastewater, and stormwater rate revenues identified in the revenue
sufficiency analysis of Item 1.
3. Customer Impact Analysis - Perform an analysis of the impact of proposed water, wastewater,
and stormwater rates upon the customers of the system(s).
4. Comparative Rate Survey - Prepare a comparative analysis of the impact of the City's current
and proposed water, wastewater, and stormwater rates upon typical customers' monthly
bills to other utilities in the Miami -Dade County region.
5. Rate Resolution/Ordinance - Assist in the development of water, wastewater, and stormwater
rate resolutions and/or ordinances to enact the proposed rates, assuming adoption by the
City.
6. Commission Workshop/Hearings - Attend no less than two (2) community outreach and
engagement events designed to encourage robust community discussion and
participation for adoption of water, wastewater, and stormwater rates.
Submission Requirements
Respondents should provide the following:
1. Qualifications - A statement of its qualifications to provide water, wastewater, and
stormwater rate studies and related services in accordance with the specific tasks listed in
Section 2.
2. Project Team - Identification of the specific consultants to be assigned to this project, their
roles, a summary of their individual qualifications and experience, and detailed resumes for
each.
10
Operational Opportunities: Specifically, the Consultant shall perform the following:
• Compare and contrast the City's operational revenues/costs with other municipal/county
operations (preferably Florida) of comparative size and treatment levels/processes to identify
areas for potential improvement.
• The Consultant shall review and compare the prevailing rates and charges of neighboring and/or
similar utilities, review operating costs in relations to revenue for unusual trends.
• Prepare an itemized list, with associated dollars so identified, of opportunities for revenue enhancement
Key Assumptions: Specifically, the Consultant shall provide a formal listing of key assumptions (or
policies) to be applied to the utility rate study. The assumptions shall be reviewed, modified (if necessary)
and applied upon receipt of the City's concurrence.
Reporting: The Consultant shall present the findings in the rate study final report in a clear and concise
manner. Revenue enhancement opportunities shall be thoroughly described including the means and
methods for their capture. The report should include detailed recommendations for changes, if any, to current
practices and/or procedures to improve water, wastewater, sanitation, and stormwater financial self-sufficiency.
The Consultant shall provide a schedule for timely and coordinated execution of all essential aspects of the
report per the Time Schedule set forth in Section 5 below.
The City has an adopted financial policy that enterprise funds are self-supporting. The City seeks to
establish water, wastewater, and stormwater rates that cover the true cost of providing water, wastewater,
and stormwater service to customers, maintains positive working capital and positive cash balances as
well as meets debt service requirements, O&M costs, R&R costs and capital improvements needs. In doing
so, the proposed rate structure shall ensure an equitable effect of all charges on future and current users.
The Consultant shall also continue the City's commitment to a water rate structure that encourages water
conservation.
The Consultant is to present three alternatives (based on variations in inputs: R&R, etc.) displaying water,
wastewater, and stormwater rate structures sufficient to meet the City's financial responsibilities through
September 2033, to include any alternative revenue enhancements. The Consultant shall provide net
operating statements for the water, wastewater, and stormwater functions through September 2033
applying the City's current budget format. The net operating statements shall reflect the debt covenant
ratio and any adjustments needed to derive said ratio. The Consultant shall provide cash positions at the
end of each fiscal year. These are minimum requirements; the City is willing to entertain other options.
General Issues for Consideration: The Consultant shall include the following criteria in preparation of
the rate study.
• Bond Compliance in Accordance with the Capital Improvement Revenue Note, Series 2006
• Establishment of an Enterprise Fund Standard (self-supporting)
• Continuance of Current Watering Restrictions
Specific Issues for Consideration: The Consultant shall develop a utility rate model by addressing, at a
minimum, the following requirements.
• Refinement of Current Monthly Base Charge, Customer Charge Unit Charge and Tiered Block
Structure within water conservation rate structures per DEP rules and the City's Water Use
Permit
• Merits of Consumer Price Index (CPI) Rate Adjustments
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It is anticipated that a final decision on the firm to be selected will be made on June 6, 2016. All Proposers
will subsequently be contacted and advised of the Commission decision.
Upon award, the Consultant and the City shall be deemed to have entered into the Agreement for Consultant
Services, attached as Appendix B. This document establishes the contract that will be created upon award
and should be thoroughly understood prior to submission of a proposal in response to this RFP.
SECTION 6. COST OR PRICE SUMMARY
Respondent shall complete and submit a fee proposal as provided for in Section 7, Part E of this RFP.
SECTION 7. PROPOSAL REQUIREMENTS
Proposals shall be based on the above scope of services. Any modifications to or deviations from the scope
of services shall be specifically stated in the response. Please review this Request for Proposal carefully to
ensure your understanding of all City requirements prior to developing your proposal.
Please submit the following information in your proposal (in the order shown below) to assist in the
selection process.
Part A. A summary of your firm's proposed work plan, approaches to the project, and
understanding of the project requirements.
Part B. Why your firm is best qualified to provide the desired services.
Part C. An exhibit showing the individuals comprising the project team. In conjunction with this,
please provide a listing of similar projects handled by this project team. Provide at least three (3) recent client
references, including name of jurisdiction, name of contact and telephone number.
Part D. An exhibit showing your firm's ability to comply with the Time Schedule. If you cannot meet
the Time Schedule, identify the time required to complete the work outlined in this RFP.
Part E. Fee proposal for performance of the services requested by this RFP. The City does not intend
that fee proposals submitted for this solicitation will be the total and final fee for this project,
nor does the City intend this to be a bidding situation for professional services. The City
understands that adjustments in the scope of services may be required. The City does intend
that a fee proposal submitted as a result of this solicitation will be considered as part of the
basis for selection of a Consultant but may choose, in its sole and absolute discretion to
negotiate fees with the successful Respondent. The fee proposal should include not -to -exceed
costs for the study and should include all travel, food, and lodging costs, and other out-of-
pocket costs, as these will not be reimbursed separately.
Part F. Any modifications in the City's scope or project emphasis that would, in your professional
judgment, better serve the intent of the project.
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SECTION C GENERAL CONDITIONS
Respondents are required to submit proposals upon the conditions expressed in these instructions. In the
case of a conflict between these General Conditions and the specific conditions set forth in Section [B], the
specific conditions shall control. The provisions of this RFP will be incorporated into any resulting contract
as if every detail of the RFP Documents were stated therein. The RFP Documents shall constitute all
documents released by the City as a part of this RFP, including any addenda released following the initial
issuance of this RFP.
1. RESPONDENT'S ABILITY:
It is the intent of the City to award a contract for this work to a Respondent whose experience, skill, and
financial resources are fully equal to the task of prosecuting the work in a rapid and satisfactory manner,
and successfully completing it within the time limit set. Upon request by the City, any Respondent shall be
prepared to submit an attested statement of his ability, financial status, and history.
2. PROHIBITED INTERESTS
No Member of or Delegate to Congress, City Commissioner, or City Employee shall be permitted any share
or benefit that may arise from this RFP. No official, employee, architect, attorney, engineer, or inspector
authorized by the City to exercise any legislative, executive, supervisory, or other similar functions in
connection with this RFP, shall become directly or indirectly interested personally in this RFP, or the
resulting contract or in any part thereof, or to any subcontract, insurance contract, or any other contract
pertaining to the services sought by this RFP.
3. RESPONDENT'S OBLIGATION OF EXAMINATION
All of the conditions known to affect the performance of the work have been described in the RFP
Documents. Upon written request within the time period for questions, additional information pertaining
to existing conditions in the possession of the City will be provided to the Respondents. However, this
information is furnished as a service and the correctness of such information is not guaranteed as to
accuracy and completeness.
Respondents are required to examine the RFP Documents and any other information that may be on file in
the offices of the City. No ignorance of conditions that may exist, or of conditions or difficulties that may
be encountered under this RFP, as a result of a failure to make the necessary examinations and
investigations, will be accepted as an excuse for any failure or omission on the part of the Respondent to
fulfill in every detail all the requirements of the RFP Documents, or will be accepted as a basis for any
claims whatsoever for extra compensation.
4. BASIS UPON WHICH PROPOSALS ARE SOLICITED AND AWARDED
Proposals are solicited on the basis of the evaluation criteria set forth in Appendix A to this RFP.
Award of the contract will be to the Respondent who has submitted the most responsive and responsible
proposal as determined by City staff and City Commission. The City's decision will be final. The City reserves
the right to informally negotiate certain points of the final contract with a qualified Respondent.
5. LAWS TO BE OBSERVED
The act of submitting a proposal in response to this RFP shall constitute an agreement by the Respondent
that it has made itself familiar with, and shall at all times observe and comply with, federal, state, and local
16
of each Respondent, prior to submitting a response, to contact the City of Opa-locka's Clerk office (305-
953-2868 Ext 1101) to determine if addenda were issued and to make such addenda part of the response.
10. INSURANCE REQUIREMENTS
A. General
As part of its proposal, the Respondent shall provide evidence of the following described insurance.
These insurance requirements shall not limit the liability of the Respondent. The City does not
represent these types or amounts of insurance to be sufficient or adequate to protect the
Respondent's interests or liabilities, but are merely minimums.
If requested by the City, the Respondent shall furnish complete copies of the Respondent's
insurance policies, forms and endorsements. Except for workers' compensation, the Respondent's
insurance policies shall be endorsed to name the City as an additional insured to the extent of the
City's interests arising from this contract or agreement.
The Respondent's deductibles/self-insured retention shall be disclosed and may be disapproved by
the City. They shall be reduced or eliminated at the option of the City. The Respondent is
responsible for the amount of any deductible or self -insured retention.
Submitting certificates or other documentation of insurance or policies or copies of policies which
indicate less coverage than required does not constitute a waiver or alternation of the minimum
required amounts set forth below.
B. Coverage and Limits:
1. Commercial General Liability
Respondent shall maintain Commercial General Liability insurance with minimum limits of
$1,000,000 per claim and $1,000,000 per occurrence, written on an occurrence basis. All insurance
policies shall be from responsible companies duly authorized to do business in the State of Florida
and have a minimum rating of "A -"as assigned by AM Best. The City shall be named as an additional
insured on such policy(ies) and shall be given thirty (30) days' written notice of cancellation, non -
renewal, or adverse change to any policies.
Respondent shall, at the request of the City, provide an indication of the amount of claims payments or
reserves chargeable to the aggregate amount of liability coverage.
Coverage A shall include premises, operations, products and completed operations, independent vendors,
contractual liability covering this agreement or contract, and broad form property damage coverage.
Coverage B shall include personal injury.
Coverage C, medical payments, is not required.
2. Business Auto Liability
Respondent shall maintain Business Auto Liability insurance with minimum limits of $500,000 per
claim and $500,000 per occurrence, written on a [claims/occurrence] basis. All insurance policies
18
APPENDIX A
WATER, WASTEWATER AND
STORMWATER RATE STUDY
EVALUATION CRITERIA
The criteria that will be evaluated and their relative weights are:
Evaluation Criteria
Points
Consultant in public sector utility ratemaking ability
to meet the defined scope of work (minimum of 5
years of experience)
30
Qualifications of the Project Team
30
Project approach, methodology and satisfactory
schedule for completion
20
References: five (5) required
10
Cost of proposal
10
20
A. The Consultant shall provide rate study and consultant services in accordance with the
specification and scope set forth in the RFP (the "Services"). Consultant represents and
warrants that it has read the specification for the Services and understands them. The
Consultant shall commence work on the Services immediately upon written request from the
City and shall complete the Services in accordance with the time schedule set forth in the
Contract Documents or, for additional projects in
addition to the rate study set forth in the Contract Documents as provided in the written task
order from the City.
B. The relationship of the Consultant to the City is an independent contractor providing the
Services, and the Consultant shall provide the Services in accordance with professional
standard of care. No employer/employee relationships shall be deemed to be established and
the Consultant, its agents, and employees shall be independent contractors at all times.
C. The Consultant shall be responsible for the professional quality, accuracy, timely completion,
and compliance with regulations, codes and rules for the Services. If the City determines there
are any errors, omissions or other deficiencies in the Consultant's reports and other services,
the Consultant shall, without additional compensation, correct or revise said errors or
omissions to the satisfaction of the City.
D. Acceptance by the City shall not in any way relieve the Consultant of responsibility for the
accuracy of its work. The City's review, approval or acceptance of, or payment for, any of the
Services shall not be construed to operate as a waiver of any rights under this Agreement or
of any cause of action arising out of the performance of this Agreement.
E. The Consultant shall be solely responsible for compliance with all federal, state, county, and
local laws, rules and/or regulations, and lawful orders of public authorities including those
set forth in this Agreement and that, in any manner, could bear on the Services and the
Contract Documents including, but not limited to all rules and regulations related to safety
and compliance therewith. Omission of any applicable laws, ordinances, rules, regulations,
standards or orders by the City in the Contract Documents shall not relieve the Consultant of
its obligations to comply with all laws fully and completely. Upon request, the Consultant shall
furnish certificates of compliance with all such laws, orders and regulations to the City. The
Consultant shall be responsible for obtaining all necessary permits and licenses required for
performance and completion of the Services.
F. This Agreement is not exclusive. The City specifically reserves the right to contract with other
entities for the Services described in the Contract Documents or for similar services if it deems,
in its sole discretion, such action to be in the City's best interest.
G. The City will provide information, data and other City documents relating to the Services,
including information relating to the current and past billing rates, cycles, procedures, etc.
associated with water, wastewater, and stormwater management, which is in the possession
and control of the City. Information for any additional tasks will be set forth in each respective
22
A. The terms and provisions of the Contract Documents shall be binding upon the Parties, their
respective partners, successors, heirs, executors, administrators, assigns and legal
representatives. However, the rights and obligations of the Consultant may not be transferred,
assigned, sublet, mortgaged, pledged or otherwise disposed of or encumbered in any way
without the City's prior written consent. The City may subcontract a portion of its obligations to
other firms or parties but only after having first obtained the written approval of the
subcontractor by the City. If Consultant's assignee or subcontractor fails to perform in
accordance with the terms of its assignment or subcontract, Consultant shall complete or pay to
have completed the work which the assignee or subcontractor failed to complete at no additional
cost to the City. Additionally, in the event of any breach or noncompliance by any of Consultant's
assignee(s) or subcontractor(s), Consultant shall be directly and wholly responsible for any
such breach or noncompliance and shall bear all attributable costs.
B. Unless otherwise stated in the Consultant's Response, the Consultant agrees to make the prices
in the Consultant's Response available to any other governmental entity, should any such
governmental entity desire to purchase under the terms and conditions of the Contract
Documents. For purposes of this section, "governmental entity" shall mean all State of
Florida agencies, the legislative and judicial branches, political subdivisions, counties, school
boards, community colleges, municipalities, transit authorities, special districts, or other public
agencies or authorities.
VIII. DELAY IN PERFORMANCE/FORCE MAJEURE
A. The timely receipt of the Services and all deliverables to the City is essential. If the Services and
all deliverables associate therewith are not received on time, the City may cancel the unfilled
portion of this Agreement for cause, purchase substitute requirements elsewhere, and recover
from the City any increased costs and damages thereby incurred by it.
B. The Consultant shall only be entitled to a reasonable extension of time from the City for the
delays resulting from damage to the Consultant's property caused by fire, lightning,
earthquakes, tornadoes, and other extreme weather conditions, power failures, riots, acts of
war, strikes or lockouts beyond the control of the Consultant ("Force Majeure"). Any delay other
than one caused by Force Majeure or as set forth in Section VIII(C) below shall constitute a
breach of the Consultant's obligations under the Contract Documents.
C. The City may, in its sole discretion, extend the time for completion for a determined number of
days of excusable delay. A delay is unavoidable only if the delay was not reasonably expected to
occur in connection with or during the Consultant's performance; was not caused directly or
substantially by negligent errors, omissions, or mistakes of the Consultant, its subcontractors,
or its suppliers or their agents; was substantial; and, in fact, caused the Consultant to miss
delivery dates and could not adequately have been guarded against. The Consultant shall not be
entitled to any claim for damages on account of hindrances or delays in the work from any cause
whatsoever, including any delays or hindrances caused by the City. This paragraph shall include,
but not be limited to, any actions which result in delays in scheduling, substantial changes in
scope of the Services or increases in the costs of performing the work under the Contract
Documents. The Consultant will notify the City as soon as the Consultant has, or should have,
knowledge that an event has occurred which will delay completion of the Services. Within five
(5) working days, the Consultant will confirm such notice in writing, furnishing as much detail
24
insurance as specified therein. The Consultant shall maintain such insurance throughout the entire
Contract Term and any Renewal Terms.
XI. INDEMNIFICATION
A. The Parties recognize that Consultant is an independent contractor. Consultant agrees to assume
liability for and indemnify, hold harmless, and defend the City, its commissioners, mayor, officers,
employees, agents, and attorneys of, from, and against all liability and expense, including
reasonable attorneys' fees in connection with any and all claims, demands, damages, actions,
causes of action, and suits in equity of whatever kind or nature, including claims for personal
injury, property damage, relief, or loss of use, arising out of the execution, performance,
nonperformance, or enforcement of this Agreement, or resulting from activities in any way
connected to this Agreement, whether or not due to or caused by the negligence of the City, its
commissioners, mayor, officers, employees, agents and attorneys. Consultant's liability
hereunder shall include all attorneys' fees and costs incurred by the City, in the enforcement of
this indemnification provision. This indemnification provision includes claims made by any
employees of Respondent against the City, and Consultant hereby waives its entitlement, if any,
to immunity under Section 440.11, Florida Statutes. The obligations contained in this provision
shall survive the termination of this Agreement, however terminated, and shall not be limited by
any amount of insurance required to be obtained or maintained under this Agreement. Nothing
contained herein shall be construed as a waiver of any immunity or limitation of liability the City
may be entitled to under the doctrine of sovereign immunity or Section 768.28, Florida Statutes.
B. Subject to the limitations set forth is this provision, the Consultant shall assume control of the
defense of any claim asserted by a third party against the City arising from or in any way related
to this Agreement and, in connection with such defenses, shall appoint lead counsel, in each case
at the Consultant's expense. The Consultant shall have the right, at its option, to participate in the
defense of any third -party claim, without relieving the Consultant of any of its obligations
hereunder. If the Consultant assumes control of the defense of any third -party claim in
accordance with this paragraph, the Consultant shall obtain the prior written consent of the City
before entering into any settlement of such claim. Notwithstanding anything to the contrary in
this provision, the Consultant shall not assume or maintain control of the defense of any third
party claim, but shall pay the fees of counsel retained by the City and all expenses including
experts' fees, if (i) an adverse determination with respect to the third party claim would, in the
good faith judgment of the City, be detrimental in any material respect of the City's reputation;
(ii) the third party claim seeks an injunction or equitable relief against the City; or (iii) the
Consultant has failed or is failing to prosecute or defend vigorously the third party claim. Each
party shall cooperate, and cause its agents to cooperate, in the defense or prosecution of any
third -party claim and shall furnish or cause to be furnished such records and information, and
attend such conferences, discovery proceedings, hearings, trials, or appeals, as may be reasonably
requested in connection therewith.
X. ATTORNEYS' FEES In the event of legal action or other proceeding arising under this
Agreement, the City shall be entitled to recover from Consultant all its reasonable attorneys' fees
and costs incurred by the City in the prosecution or defense of such action, or in any post -judgment
or collection proceedings and whether incurred before suit, at the trial level or at the appellate level.
This shall include any bankruptcy proceedings. The City also shall be entitled to recover any
reasonable attorneys' fees and costs incurred in litigating the entitlement to attorneys' fees and
costs, as well as in determining the amount of attorneys' fees and costs due to the City. The
reasonable costs to which the City will be entitled include costs that are taxable under any applicable
26
Either party may change its above noted address by giving written notice to the other
party in accordance with the requirements of this Section.
D. Severability. If any one or more provisions of the Contract Documents shall be held to be invalid,
illegal, or unenforceable in any respect by a court of competent jurisdiction, the validity, legality,
and enforceability of the remaining provisions hereof shall not in any way be affected or
impaired thereby and the Contract Documents shall be treated as though the invalidated
portion(s) had never been a part thereof.
E. Waiver. No waiver of any default or failure to perform shall be valid unless set forth in writing
by the waiving party and shall not constitute a waiver of any other default or failure to perform
under the Contract Documents, or of any rights or remedies to which either Party may be
entitled to on account of any such default or failure to perform.
F. Controlling Law and Venue. The Contract Documents shall be construed by and controlled under
the laws of the State of Florida. The Parties consent to jurisdiction over them and agree that
venue for any state action arising under this Agreement shall lie solely in the courts located in
Miami -Dade County, Florida and for any federal action shall lie solely in the United States District
Court, Middle District of Florida, Miami Division.
G. No Third Party Beneficiaries. This Agreement is entered into solely for the benefit of the Parties
and the Contract Documents shall not be construed as a benefit to any third parties, including
but not limited to the general public, constituents or citizens of the City, nor shall it be construed
as enforceable by any third parties.
H. Heading and Section References. The headings and section references in this Agreement are
inserted only for the purpose of convenience and shall not be construed to expand or limit the
provisions contained in such sections.
I. Authorization. The Parties represent and warrant that each are authorized to enter into this
Agreement without the consent and joinder of any other party and that the individuals executing
this Agreement have full power and authority to bind their respective party to the terms hereof.
J. Entire Agreements. The Contract Documents constitutes the entire agreement between the
Parties as to the subject matter hereof and supersedes all previous written or oral negotiations,
agreements, bids, and/or understandings. There are no understandings, representation,
warranties, or agreements with respect to the subject matter hereof unless set forth explicitly in
the Contract Documents.
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective Date.
CITY OF OPA-LOCKA CONSULTANT
By:
Print Name:
Title:
By:
Print Name:
Title:
28
APPENDIX C
CITY OF OPA-LOCKA, FLORIDA
PROPOSAL FORM
UTILITY RATE STUDY SERVICES
RFP NO. 2023-01
Firm
Name
Home Office Address
City, State Telephone Number
Address: Branch office servicing City of Opa-locka (other than above)
Name, Title & Telephone No. of Contact Representative for City
The undersigned attests to his (her, their) authority to submit this Proposal and to bind the firm herein
named to perform as per contract, if the firm is awarded the contract by the City.
Signature Witness Signature
Typed Name & Title of Above Signer Witness Signature
30
partners, shareholders, employees, members and agents who are active in the management of an affiliate. The
ownership by one (1) 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 the arm's length agreement, shall
be a prima facie case that one
(1) person controls another person. A person who knowingly enters into a joint venture with a person who
has been convicted of a public crime in Florida during the preceding thirty-six (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
any 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 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 the management of the entity.
6. Based upon information and belief, the statement, which I have marked below, is true in relation to the entity
submitting this sworn statement (indicate which statement applies).
Neither the entity submitting this sworn statement nor any of its officers, directors, executives, partners,
shareholders, employees, members or agents who are active in the management of this entity nor any 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 (1) or more of its officers, directors, executives, partners,
shareholders, employees, members or agents who are active in the management of this 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 the sworn statement or one (1) or more of its officers, directors, executives, partners,
shareholders, employees, members or agents who are active in the management of this 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 Office 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 THE PUBLIC ENTITY ONLY AND THAT THIS FORM IS VALID THROUGH
DECEMBER 31 OF THE CALENDER 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 OR ANY CHANGE IN THE INFORMATION
CONTAINED IN THIS FORM.
Signature
Sworn to and subscribed before me this day of, 20
Personally known
Or produced identification
Notary Public - State of
My Commission expires
(Printed, typed or stamped commissioned
name of Notary Public)
32
PART III
PROPOSAL REQUIREMENTS
3-1 RULES FOR PROPOSALS
In order to maintain comparability and enhance the review process, proposals shall be organized in the
manner specified below and include all information required herein. The proposal must name all persons
or entities interested in the proposal as principals. The proposal must declare that it is made without
collusion with any other person or entity submitting a proposal pursuant to this RFP.
3-2 SUBMISSION OF PROPOSALS
The proposal shall be submitted on 8 1/2 "x 11" paper, portrait orientation, with headings and sections
numbered appropriately. Ensure that all information is written legibly or typed. The following should be
submitted for a proposing firm to be considered:
3.2.1 Cover Page - Show the name of Proposer's agency/firm, address, telephone number, name of
contact person, date, and the proposal number and description.
3.2.2 Tab 1 - Table of Contents
Include a clear identification of the material by section and by page number.
3.2.3 Tab 2 - Letter of Transmittal
3.2.3.1 Limit to one or two pages.
3.2.3.2 Briefly state the Proposers understanding of the work to be done and make a positive
commitment to perform the work.
3.2.3.3 Give the names of the persons who will be authorized to make representations for the
Proposer, their titles, addresses and telephone numbers.
3.2.3.4 Provide an official signature of a Corporate Officer certifying the contents of the Proposer's
responses to the City's Request for Proposal.
3.2.4 Tab 3 - General Information
3.2.4.1 Name of Business.
3.2.4.2 Mailing Address and Phone Number.
3.2.4.3 Names and contact information of persons to be contacted for information or services if
different from name of person in charge.
3.2.4.4 Normal business hours.
3.2.4.5 State if business is local, national, or international and indicate the business legal status
(corporation, partnership, etc.).
3.2.4.6 Give the date business was organized and/or incorporated, and where.
3.2.4.7 Give the location of the office from which the work is to be done and the number of
professional staff employees at that office.
3.2.4.8 Indicate whether the business is a parent or subsidiary in a group of firms/agencies. If it is,
please state the name of the parent company.
3.2.4.9 State if the business is licensed, permitted and/or certified to do business in the State of
Florida and attach copies of all such licenses issued to the business entity.
34
PART IV
EVALUATION OF PROPOSALS
4-1 SELECTION COMMITTEE
A Selection Committee, consisting of City personnel, will convene, review and discuss all proposals
submitted.
The Selection Committee will use a point formula during the review process to score proposals and assign
points in the evaluation process in accordance with the evaluation criteria. The Proposer shall satisfy and
explicitly respond to all the requirements of the RFP including a detailed explanation of how the services
shall be performed.
Each proposal will be reviewed to determine if the Proposal is responsive to the submission requirements
outlines in the Solicitation. A responsive Proposal is one which follows the requirements of this Solicitation
that includes all documents are submitted in the format outlined in this Solicitation, is of timely submission,
and has the appropriate signatures as required on each document. Failure to comply with these
requirements may result in the Proposal being deemed non -responsive. The Contract (s) will be awarded
to the most responsive proposer whose Proposal best serves the interest of and represents the best values
to the City of Opa-locka.
4-2 EVALUATION CRITERIA
The Committee may select and choose to invite any and/or or all firms to make a presentation and be
interviewed by the Committee as part of the evaluation process for this Solicitation. The Committee's
decision will be communicated by staff to all Respondents. The Respondent's presentation may clarify but
may not modify their submitted proposal. Any discussion between the presenter (s) and Evaluation
Committee during presentations are intended only for purposes of providing clarification in response to
questions from the Committee.
Category
Points
Consultant in public sector utility ratemaldng ability to meet the defined scope of work (minimum of 5 years
of experience)
30
Qualifications of the Project Team
30
Project approach, methodology and satisfactory schedule for completion
20
References: five (5) required
10
Cost of proposal
10
TOTAL
100
4-3 ORAL PRESENTATIONS
Proposers may be required to make individual presentations to the City Selection Committee in order to
clarify their proposals. Only those firms with the highest rated scores in accordance with the stated criteria
and their weights will be invited to give oral presentations. However, the City has the right to accept the
best proposal as submitted, without discussion or negotiation.
If the City determines that such presentations are needed, a time and place will be scheduled for oral
36
RFP NO. 23-XXXXXXX
PROPOSER QUALIFICATIONS
WATER, WASTEWATER AND STORMWATER RATE STUDY
The Proposer, as a result of this proposal, MUST hold a County and/or Municipal Contractor's Occupational License
in the area of their fixed business location. The following information MUST be completed and submitted with the
proposal to be considered:
1. Legal Name and Address:
Name:
Address:
City, State, Zip: Phone/Fax:
2. Check One: Corporation () Partnership () Individual ()
3. If Corporation, state:
Date of Incorporation: State in which Incorporated:
4. If an out-of-state Corporation, currently authorized to do business in Florida, give date of such
authorization:
5. Name and Title of Principal Officers Date Elected:
6. The length of time in business: years
7. The length of time (continuous) in business as a service organization in Florida:
years
8. Provide a list of at least three commercial or government references that the bidder has supplied
service/commodities meeting the requirements of the City of Opa-locka specification, during the last twenty-
four months.
9. A copy of County and/or Municipal Occupational License(s)
Note: Information requested herein and submitted by the proposers will be analyzed by the City of Opa-locka and will be a factor considered in awarding any
resulting contract The purpose is to ensure that the Contractors, in the sole opinion of the City of Opa-locka, can sufficiently and efficiently perform all the required
services in a timely and satisfactory manner as will be required by the subject contract If there are any terms and/or conditions that are in conflict, the most
stringent requirement shall apply.
38
CITY OF OPA-LOCKA
CERTIFICATION REGARDING DEBARMENT, SUSPENSION
PROPOSED DEBARMENT AND OTHER MATTERS OF
RESPONSIBILITY
1. The Proposer certifies, to the best of its knowledge and belief, that the Proposer and/or any of its
Principals:
A. Are not presently debarred, suspended, proposed for debarment, or declared ineligible for the
award of contracts by any Federal agency.
B. Have not, within a three-year period preceding this offer, been convicted of or had a civil
judgment rendered against them for: commission of fraud or a criminal offense in connection with
obtaining, attempting to obtain, or performing a public (Federal, state, or local) contract or
subcontract; violation of Federal or state antitrust statutes relating to the submission of offers; or
commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making
false statements, tax evasion, or receiving stolen property; and
C. Are not presently indicted for, or otherwise criminally or civilly charged by a governmental entity
with, commission of any of the offenses enumerated in paragraph 1-B of this provision.
2. The Proposer has not, within a three-year period preceding this offer, had one or more contracts
terminated for default by any City, State or Federal agency.
A. "Principals," for the purposes of this certification, means officers; directors; owners; partners;
and, persons having primary management or supervisory responsibilities within a business entity
(e.g., general manager; plant manager; head of a subsidiary, division, or business segment, and
similar positions). This Certification Concerns a Matter Within the Jurisdiction of an Agency of the
United States and the Making of a False, Fictitious, or Fraudulent Certification May Render the
Maker Subject to Prosecution Under Section 1001, Title 18, United States Code.
B. The Proposer shall provide immediate written notice to the Contracting Officer if, at any time
prior to contract award, the Proposer learns that its certification was erroneous when submitted or
has become erroneous by reason of changed circumstances.
C. A certification that any of the items in paragraph (a) of this provision exists will not necessarily
result in withholding of an award under this solicitation. However, the certification will be
considered in connection with a determination of the Proposer's responsibility. Failure of the
Proposer to furnish a certification or provide such additional information as requested by the
Contracting Officer may render the Proposer non -responsive.
D. Nothing contained in the foregoing shall be construed to require establishment of a system of
records in order to render, in good faith, the certification required by paragraph (a) of this
provision. The knowledge and information of a Proposer is not required to exceed that which is
normally possessed by a prudent person in the ordinary course of business dealings.
40
CITY OF OPA-LOCKA
RFP NO.23-XXXXXXX
DRUG -FREE WORKPLACE CERTIFICATION FORM
Whenever two (2) or more bids/proposals, which are equal with respect to price, quality, and service, are
received by the CITY OF OPA-LOCKA for the procurement of commodities or contractual services, a
bid/proposal received from a business that certifies that it has implemented a drug -free workplace
program shall be given preference in the award process. In order to have a drug -free workplace program,
a business shall:
1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing,
possession or use of controlled substances is prohibited in the workplace and specifying the actions
that will be taken against employees for violations of such prohibition.
2. Inform employees about the dangers of drug abuse in the workplace, the business's policy of
maintaining a drug -free workplace, any available drug counseling, rehabilitation, and employee
assistance programs, and the penalties that may be imposed upon employees for drug abuse
violations.
3. Give each employee engaged in providing the commodities or contractual services that are under
bid a copy of the statement specified in number (1).
4. In the statement specified in number (1), notify the employees that as a condition for working on
the commodities or contractual services that are under bid, the employee will abide by the terms of
the statement and will notify the employer of any conviction on or plea of guilty or no contest to any
violation of Chapter 893, Florida Statutes or of any controlled substance law of the United States or
any singular state, for a violation occurring in the workplace no later than five (5) days after such
conviction.
5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or
rehabilitation program if such is available in the employee's community by any employee who is so
convicted.
6. Make a good faith effort to continue to maintain a drug -free workplace through implementation of
Section 287.087, Florida Statutes.
This Certification is submitted by the
(Name)
of
(Title/Position) (Company)
who does hereby certify that said Company has implemented a drug -free workplace program, which meets
the requirements of Section 287.087, Florida Statutes, which are identified in numbers (1) through (6)
above.
Date Signature
42
NON-DISCRIMINATION AFFIDAVIT
I, the undersigned, hereby duly sworn, depose and say that the organization, business or entity
represented herein shall not discriminate against any person in its operations, activities or delivery of
services under any agreement it enters into with the City of Opa-locka. The same shall affirmatively comply
with all applicable provisions of federal, state and local equal employment laws and shall not engage in or
commit any discriminatory practice against any person based on race, age, religion, color, gender, sexual
orientation, national origin, marital status, physical or mental disability, political affiliation or any other
factor which cannot be lawfully used as a basis for service delivery.
By:
Title:
Sworn and subscribed before this
day of , 20
Notary Public, State of Florida
(Printed Name)
My commission expires:
44
E -VERIFY FORM
Definitions:
"Contractor" means a person or entity that has entered or is attempting to enter into a contract with a
public employer to provide labor, supplies, or services to such employer in exchange for salary, wages, or
other remuneration.
"Subcontractor" means a person or entity that provides labor, supplies, or services to or for a contractor or
another subcontractor in exchange for salary, wages, or other remuneration.
Effective January 1, 2021, public and private employers, contractors and subcontractors will begin
required registration with, and use of the E -verify system in order to verify the work authorization status
of all newly hired employees. Vendor/Consultant/Contractor acknowledges and agrees to utilize the U.S.
Department of Homeland Security's E -Verify System to verify the employment eligibility of:
a) All persons employed by Vendor/Consultant/Contractor to perform employment duties within
Florida during the term of the contract; and
b) All persons (including sub-vendors/subcompanies/subcontractors) assigned by
Vendor/Consultant/Contractor to perform work pursuant to the contract with the Department. The
Vendor/Consultant/Contractor acknowledges and agrees that use of the U.S. Department of
Homeland Security's E -Verify System during the term of the contract is a condition of the contract
with the City of Opa-locka; and
Should vendor become successful Contractor awarded for the above -named project, by entering into this
Contract, the Contractor becomes obligated to comply with the provisions of Section 448.095, Fla. Stat.,
"Employment Eligibility," as amended from time to time. This includes but is not limited to utilization of
the E -Verify System to verify the work authorization status of all newly hired employees, and requiring all
subcontractors to provide an affidavit attesting that the subcontractor does not employ, contract with, or
subcontract with, an unauthorized alien. The contractor shall maintain a copy of such affidavit for the
duration of the contract. Failure to comply will lead to termination of this Contract, or if a subcontractor
knowingly violates the statute, the subcontract must be terminated immediately. If this contract is
terminated for a violation of the statute by the Contractor, the Contractor may not be awarded a public
contract for a period of 1 year after the date of termination.
Company Name:
Authorized Signature:
Print Name:
Title:
Date:
46