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HomeMy Public PortalAboutResolution No. 23-150 Authorizing a procurement process for HR DirectorSponsored by: City Commission RESOLUTION NO. 23-150 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, AUTHORIZING A PROCUREMENT PROCESS FOR AN OUTSIDE ENTITY FIRM OR PROFESSIONAL TO SERVE AS THE HUMAN RESOURCES DIRECTOR FOR THE CITY OF OPA- LOCKA; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR CONFLICT; PROVIDING FOR AN EFFECTIVE DATE WHEREAS, due to the recent departure of the City's Human Resources Director, it has become necessary for the City Commission to secure a Human Resources Director to provide Human Resources responsibilities; and WHEREAS, the City Commission desires that a Request for Qualifications ("RFQ") be released substantially in the form attached hereto as Exhibit "A"; and WHEREAS, Specifically, the City of Opa-Locka desires to authorize a procurement process for an outside entity firm or professional to serve as the Human Resources Director with a procurement release date of October , 2023; a close date for the procurement of October , 2023; a workshop meeting for the City Commission to sit as the short list committee for discussion of the procurement on October 25, 2023; and a Regular City Commission meeting selection where the City Manager will select a firm or professional from at least, two (2) short listed firms and/ or professionals capable of serving as the City's human resources director, no later than the end of the Regular Commission meeting of October 25, 2023; and WHEREAS, the City Commission had previously planned to secure a Human Resources Professional no later than October 11, 2023, however, legal counsel for the Inspector General's Office notified the City Attorney on September 22, 2023 that the Inspector General's Office desired justification on the legal sufficiency of Resolution 23- 141; and WHEREAS, on September 22, 2023, a comprehensive memorandum was prepared by the Opa-Locka City Attorney and was directed to Melinda Miguel, Chief Inspector General, providing complete legal justification supporting the passage of Resolution 23- 141 by the City Commission; and WHEREAS, at its September 27, 2023 regular City Commission meeting, the City Commission discussed that although it had passed Resolution 23-141, and the City had responded through its legal counsel with justification, the Office of Inspector General Resolution No. 23-150 still had not approved Resolution 23-141 and it appeared that the timelines set forth in said Resolution would not be met. The City Attorney was directed to communicate with the attorney for the State Office of the Inspector General; and WHEREAS, on September 28, 2023, a lengthy telephone conference was held between the City Attorney and an attorney for the State Office of the Inspector General (State) regarding Resolution 23-141. In short, the State advised that while the legal analysis contained within the City's justification memorandum was not being challenged by the State, the Inspector General's office believed that it would be "best practices" for the selection to be short-listed by the City Commission but selected by the Interim City Manager. Further, the state believed that the City Manager should maintain in control of the Human Resources Director with the authority to hire and fire that function; and WHEREAS, the City Commission of the City of Opa-Locka, Florida finds that authorization of a procurement process is in the best interest of the City of Opa-Locka and its residents and desires to accept the recommendation from the State Office of Inspector General on revisions to the procurement for a Human Resources professional consistent with Exhibit "A" hereto. NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA: SECTION 1. RECITALS ADOPTED. The recitals to the preamble herein are incorporated by reference. SECTION 2. AUTHORIZATION The City Commission of the City of Opa-Locka, Florida hereby authorizes the City of Opa-Locka to implement a procurement process for an outside entity firm or professional to serve as the Human Resources Director consistent with the RFQ, attached hereto as Exhibit "A." At the earliest possible time following approval by the State of Florida of this resolution, the procurement should be promptly released to the public and published as described and modified to include dates for Exhibit "A." SECTION 3. SCRIVENER'S ERRORS. 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 City Attorney without need of public hearing, by filing a corrected copy of same with the City Clerk. SECTION 4. CONFLICT To the extent that there is conflict with this Resolution and any prior Resolution or policy of the City, this Resolution shall control. 2 Resolution No. 23-150 SECTION 5. EFFECTIVE DATE This Resolution shall take effect upon adoption and shall be provided to the Governor or Governor's Designee for review. PASSED and ADOPTED this nth day of October, x.23. TTEST: nna Flores, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY: Bur Cit - • rney is -Weeks, P.A. Moved by: Commissioner Kelley Seconded by: Commissioner Williams VOTE: 4-0 Commissioner Bass ABSENT Commissioner Kelley YES Commissioner Williams YES Vice Mayor Ervin YES Mayor Taylor YES John H. . for Jr., Mayor 3 City of Opa-locka RFQ NO: 23 -TBA REQUEST FOR QUALIFICATIONS (RFQ) OUTSIDE ENTITY HUMAN RESOURCES DIRECTOR CITY OF OPA-LOCKA RFQ NO. 23-TBA OUTSIDE ENTITY HUMAN RESOURCES DIRECTOR TABLE OF CONTENTS Subject Page Number Cover 1 Table of Contents 2 Advertisement 3 Part I - Proposal Guidelines 4 Part II - Nature of Services Required 9 Part III - Proposal Requirements 11 Part IV - Evaluation of Proposals 13 Proposer Qualifications 15 Debarment, Suspension Certification 16 Drug -Free Certification 18 Non -Collusion Affidavit 19 Non -Discrimination Affidavit 20 E -Verify Form 22 CITY OF OPA-LOCKA REQUEST FOR QUALIFICATIONS RFQ NO: 23-TBA OUTSIDE ENTITY HUMAN RESOURCES DIRECTOR The sealed proposal for OUTSIDE ENTITY HUMAN RESOURCES DIRECTOR at the Municipal Complex for the City of Opa-Locka will be received by the City's Clerk Office, 780 Fisherman St, 4th Floor, Opa-locka, Florida 33054, October , 2023 by 2:00 pm. Any RFQ Package received after the designated closing time will be returned unopened. The City will accept proposals by mail; however, the contractor must submit the proposal by the due date. In addition, the proposal shall be via www.demandstar.com (e -bid) by 2:00 pm. The address to submit sealed proposal is listed below: CITY OF OPA-LOCKA Office of the City Clerk 780 Fisherman Street, 4th Floor Opa-locka, Florida 33054 An original and six (6) copies for a total of seven (7) 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 RFQ for OUTSIDE ENTITY HUMAN RESOURCES DIRECTOR. 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 the contract to that proposer whose proposal best complies with the RFQ NO: 23-TBA requirements. Proposers may not withdraw their proposal for a period of ninety (90) days from the date set for the opening thereof. Joanna Flores, CMC City Clerk CITY OF OPA-LOCKA REQUEST FOR QUALIFICATIONS RFQ NO: 23-TBA OUTSIDE ENTITY HUMAN RESOURCES DIRECTOR PART I PROPOSAL GUIDELINES 1-1. Introduction: The City of Opa-locka seeks proposals for a OUTSIDE ENTITY HUMAN RESOURCES DIRECTOR. The City is soliciting bids on behalf of the City Manager's Office for Outside Entity Human Resources Director under the laws of the State of Florida. These services must be efficient and economical, adhere to industry standards and best practices, and utilize the latest nonproprietary technology. The Contract will be awarded to the most qualified Proposer, as described in the Evaluation Procedures Section below. 1-2. Proposal Submission and Withdrawal: The City of Opa-locka will be accepting proposals by mail, however it is Proposer's responsibility to submit Proposer's proposal by the due date. In addition, proposals may be submitted via www.demandstar.com (e -bid). The City must receive all proposals by 2:00 p.m. on October . 2023. 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 To facilitate processing, please clearly mark the outside of the proposal package as follows: RFQ NO. 23-TBA - OUTSIDE ENTITY HUMAN RESOURCES DIRECTOR. This package shall also include the Proposer's return address. Proposers may withdraw their proposals by notifying the City in writing at any time prior to the deadline for proposal submittal. After the deadline, the proposal will constitute an irrevocable offer, for a period of 90 days. Once opened, proposals become a record of the City and will not be returned to the Proposer. The City cautions Proposers to assure actual delivery of mailed or hand -delivered proposals directly to the City Clerk's Office at 780 Fisherman Street, 4th Floor, Opa-locka, Florida 33054 prior to the deadline set for receiving proposals. Telephone confirmation of timely receipt of the proposal may be made by calling (305) 688-4611 before proposal closing time. Any proposal received after the established deadline will not be considered and will be returned unopened to the Proposer(s). 1-3. Number of Copies: Proposers shall submit an original and six (6) copies (a total of 7) plus one copy on USB flash drive in PDF format of the proposal in a sealed, opaque package marked as noted above. The Proposer will be responsible for timely delivery, whether by personal delivery, US Mail or any other delivery medium. 1-4. Development Costs: Neither the City nor its representatives shall be liable for any expenses incurred in connection with preparation of a response to this Request for Proposal. Proposers should prepare their proposals simply and economically, providing a straightforward and concise description of the Proposer's ability to meet the requirements of the RFQ. 4 1-5. Inquiries: The City Clerk will receive written requests for clarification concerning the meaning or interpretations of the RFQ, up until one (1) day prior to the submittal date. City personnel are authorized only to direct the attention of prospective Proposers to various portions of the RFQ so that they may read and interpret such for themselves. No employee of the City is authorized to interpret any portion of this RFQ or give information as to the requirements of the RFQ in addition to what is contained in the written RFQ document or Resolution 23- , authorizing the RFQ. 1-6. Addendum: The City may record its response to inquiries and any supplemental instructions in the form of written addenda. The City may email or post written addenda up to two (2) 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 RFQ 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 Clerk through written communication prior to the opening of the proposals, which should be forwarded by the City Clerk to the City Attorney. 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 RFQ 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 and accepted for final approval of a contract form. 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 RFQ and Consultant/Contractor proposal shall be included and incorporated in the final award. The successful proposer and the City will then enter into an Agreement in a form acceptable to the City Attorney. 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 language for consideration by the Proposer must be attached and enclosed as part of the proposal. 1-9. Selection Process: The proposals will be evaluated by the City Commission and short listed consistent with qualifications deemed responsive. The City reserves the right to negotiate price. 5 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 RFQ 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. 1-11. News Releases: The Proposer shall obtain the prior approval of the City Manager's Office for all news releases or other publicity pertaining to this RFQ or the service, study or project to which it relates. 1-12. Insurance: The awarded Proposer(s) shall maintain insurance coverage reflecting at least the minimum amounts and conditions specified herein. In the event the Proposer is a governmental entity or a self -insured organization, different insurance requirements may apply. Misrepresentation of any material fact, whether intentional or not, regarding the Proposers' insurance coverage, policies or capabilities may be grounds for rejection of the proposal and rescission of any ensuing Agreement. 1. Evidence of General Liability coverage with limits not less than $1,000,000 per Occurrence (Including Policy Number and Policy Period); 2. Evidence of Auto Liability coverage with limits not less than $300,000 per Occurrence (Including Policy Number and Policy Period); 3. Evidence of Workers' Compensation coverage with statutory limits and Employer's Liability coverage with limits not less than $100,000 (Including Policy Number and Policy Period), if applicable; 4.The City listed as an additional insured (this may be specifically limited to the specific job(s) the contractor will be performing); 5. Minimum 30 -day written notice of cancellation. 1-13. Licenses: Proposers, both corporate and individual, must be fully licensed and certified in the State of Florida at the time of RFQ submittal to the extent applicable. 1-14. Public Entity Crimes: Award will not be made to any person or affiliate identified on the Department of Management Services' "Convicted Vendor List". This list is defined as consisting of persons and affiliates who are disqualified from public contracting and purchasing processes because they have been found guilty of a public entity crime. No public entity shall award any contract to, or transact any business in excess of the threshold amount provided in Section 287.17 Florida Statutes for Category Two (currently $25,000) with any person or affiliated on the "Convicted Vendor List" for a period of thirty-six (36) months from the date that person or affiliate was placed on the "Convicted Vendor List" unless that person or affiliate has been removed from the list. By signing and submitting the RFQ proposal forms, Proposer attests that they have not been placed on the "Convicted Vendor List". 6 1-15. Code Of Ethics: If any Proposer violates or is a party to a violation of the code of ethics of the City of Opa-locka, Miami -Dade County or the State of Florida with respect to this proposal, such Proposer may be disqualified from performing the work described in this proposal or from furnishing the goods or services for which the proposal is submitted and shall be further disqualified from submitting any future proposals for work, goods or services for the City of Opa- locka. Further, the proposer shall not have any prior personal or business relationship with the City's Interim City Manager or City Manager and shall not have previously provided services or advice to the City of Opa-Locka at any time in the past ten (10) years. Rather, the proposer shall be an independent individual or firm free from influence through it's officers and employees. 1-16. Drug -Free Workplace: Preference shall be given to businesses with Drug -Free Workplace (DFW) programs. Whenever two or more proposals which are equal with respect to price, quality, and service are received by the City for the procurement of commodities or contractual services, a proposal received from a business that completes the attached DFW form certifying that it is a DFW shall be given preference in the award process. 1-17. Permits and Taxes: The Proposer shall procure all permits, pay all charges, fees, and taxes, and give all notices necessary and incidental to the due and lawful execution of the work where applicable. 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 prior to the scheduled bid opening. 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 Commission shall determine that such termination is in the best interest of the City. 7 CALENDAR EVENTS EVENT DATE/LOCATION Release Date October_, 2023 Pre -Bid Meeting N/A Written Questions Due October , 2023 @ 10:00 AM Email questions to the City Clerk: With Subject line "RFQ No: Bid Questions" Response to Questions October _ @ 10:00 AM Due Date/Bid Opening October _ @ 2:00 pm at: City of Opa-locka Clerk Office 780 Fisherman Street, 4th Floor Opa-locka, Florida 33054 OR Electronic Bid on www.Demandstar.com EVALUATION: Evaluation Committee Meeting (Open to the Public). October , 2023 @ 6 PM Award October . 2023 @ 7PM Regular Meeting 8 PART II NATURE OF SERVICES REQUIRED 2-1 PURPOSE AND SCOPE OF WORK Purpose The City of Opa-locka is seeking the professional services of a firm knowledgeable in Human Resources (HR) practices to serve and the City's Human Resources Director and specifically serve in the role of the City's Human Resources Department consistent with the City's Ordinances. The scope of work may include, but is not limited to recruitment, hiring practices, working along with the City Manager, City Attorney and city staff to ensure legal compliance, creation or revisions of policies and procedures necessary for a functioning Human Resources Department. The Human Resources Director shall report to the City Manager as a best practice for this function. The City is not responsible for any costs incurred by the respondent in proposal preparation, presentations, site visits, or benchmarks performed. Scope of Work The selected individual or firm shall be expected to perform the services required under this Request for Qualifications in the most expeditious manner possible. The scope should include the following, but is not limited to: 1. Conducting and overseeing a City Manager Search consistent with the City's Code of Ordinances and existing procedures for the selection of a City Manager. With respect to the search of the City Manager, the Human Resources Director shall not communicate with the Interim City Manager or share any information that is not shared with any other candidate seeking the position of the permanent City Manager. Further, the Human Resources Director shall not share information or operate in any way that would serve to give the Interim City Manager an advantage or control of the City Manager selection process. To the extent that the Human Resources Director feels compromised in any way by the Interim City Manager, this information shall be immediately reported, by email, to the City Commission with a copy of the email provided to the City Clerk and the City Attorney. 2. Professional Human Resources Duties: The firm would serve as the Human Resources Director and perform all professional human resources duties as required by City Ordinances. The firm would advise and report to management on HR best practices and compliance with employment laws and policy. The firm would also be available to assist with employee relations and disputes. • The firm will meet with key representatives (City Manager, Assistant City Managers, and Directors as needed) to discuss the needs of the City. The firm will also meet with the City Attorney when necessary to secure information needed for the City Attorney's work. 3. Creating. Updating. and Implementing HR/Employment Policies: The firm would work with management on creating, updating, and implementing HR/Employment policies and procedures. The firm would assist the city in updates to the employee manual on an as -needed basis. 9 4. Job Descriptions: The firm would work with management to revise and create new job descriptions when necessary. 5. Recruitment: Recruitment services of various positions to be filled as needed. The HR professional or firm would work with the City during relevant recruitment periods. • Meet with key decision makers to develop ideal candidate profiles. • Write or adapt job description and determine or confirm salary range for management review and board approval, if appropriate. • Develop and implement recruitment and advertising strategy. • Develop (or modify existing) job flyer. • Assist with advertisement in appropriate locations, including social media and specialized job boards. • Review application packets and assess candidates with management. • Manage the interview process, including developing questions and scoring mechanisms. • Where necessary, conduct skills testing. • Work with law enforcement to obtain any necessary credentials needed for background checks where appropriate. • Check references and conduct background checks. • Other recruitment tasks as necessary. • Other relevant tasks as required for the smooth operation of the Human Resources Department. 6. Agreement with City: It is the intent of this solicitation that the HR Director work with and report to the City Manager on all issues unrelated to the permanent City Manager selection process. The City Manager will make the final decision on the hiring of the HR position, following a shortlisting of no less than two (2) candidates by the City Commission. The successful HR Director candidate will be required to enter into an agreement with the City that may be terminated by the City Manager if there is a breach of the Agreement terms. 10 7. Other HR Functions and Support As Needed: Other HR functions and support that are needed include, but not limited to, Compensation Study and Assistance with Benchmark Classifications, investigations of complaints by employees, reviewing of counseling or other disciplinary actions, memos, etc., training or coaching of staff in HR areas as needed, policy or procedure writing, update and/or review, and special projects. 8. Legal Compliance: Ensure compliance with federal, state, and local laws and regulations related to employment and internal policies and procedures. Be knowledgeable about HR laws and regulations pertinent to public agencies under the general law. Provide suggestions and recommendations regarding areas that need to be addressed for legal compliance. 9. Deliverables: The City expects the consultant to be onsite at least one (1) day per week for no less than six (6) hours day and be available through telephone, remote video conference, or email as needed throughout the week. Note: The City prefers having set hours of availability for at least two days a week and expects the consultant to respond to email within a 24 hour period. 2-2 PROPOSER QUALIFICATIONS Adequate information and documentation must be provided in the Proposal to support or confirm satisfaction of the required qualifications below: • The Proposer shall have extensive experience, expertise, and reliability as a Human Resources Professional with an established good reputation, particularly with governmental clients or large corporate entities. Proposer must have a minimum of five (5) years of consecutive and successful experience in the aforementioned areas. • Proposer's track record in providing services to governmental agencies or large corporate entities. Please provide a list of current and relevant projects, including client names, titles, telephone numbers and email address. Please ensure that contact information is current. • Demonstrate an overall combination of skills, prior work experience, business reputation, and commitment to diversity. 2-3 TERM OF CONTRACT The contract period for the winning bidder of this RFQ is anticipated to be one (1) fiscal year with two one (1) year options for renewal. An Agreement may be for a lesser period of time. 11 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 and the persons likely to perform work not in conflict with provisions of this RFQ. The proposal must declare that it is made without collusion with any other person or entity submitting a proposal pursuant to this RFQ. The proposal must be independent and not have had any contact with any City Staff members of the City regarding this proposal, unless specifically authorized herein. 3-2 SUBMISSION OF PROPOSALS The proposal shall be submitted on 8 1 "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 Proposer's 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 during the Agreement as the City contact, their titles, addresses and telephone numbers. 3.2.3.4 Provide an official signature of a Corporate Officer certifying the contents ofthe 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 Telephone 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. 12 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 inthe State of Florida and attach copies of all such licenses issued to the business entity. 3.2.5 Tab 4 - Project Approach 13 Describe in detail the proposal to fulfill the requirements of the scope of services listed in section 2.2 of this RFQ. 3.2.6 Tab 5 - Experience and Qualifications 3.2.6.1 Specify the number of years the Proposer has been in business. 3.2.6.2 Identify the Proposer's qualifications to perform the services identified in this RFQ as listed in section 2-2 of the Scope of Services. Include resumes, not exceeding one page each, of all key personnel who will be assigned to the City for this project. 3.2.7 Tab 6 - Schedule 3.2.7.1 Include a timetable that identifies the amount of time required to complete each component of the Program listed in this RFQ to the best of knowledge and understanding. 3.2.7.2 Indicate the earliest available start date for Proposer's project team. 3.2.7.3 Indicate the project completion date based on the date provided in 3.2.7.1. 3.2.8 Tab 7 - Pricing of Services 3.2.8.1 Projected Fee basis should be an all-inclusive, base fee. 3.2.9 Tab 8 - References 3.2.9.1 List a minimum of three (3) references in Florida for which the Proposer has provided services detailed on the solicitation. Include the name of the organization, brief description of the project, name of contact person telephone number and email address. 3.2.10 Tab 9 - Additional Forms Proposers must complete and submit as part of its Proposal all of the following forms and/or documents. • Proposer Qualifications • Certification regarding debarment and suspension • Drug Free workplace certification • E -Verification FAILURE TO SUBMIT ALL OF THE ABOVE REQUIRED DOCUMENTATION MAY DISQUALIFY PROPOSER. 14 PART IV EVALUATION OF PROPOSALS 4-1 SELECTION COMMITTEE A Selection Committee, consisting of the City Commission, will convene to short list no less than two candidates with the Interim City Manager or City Manager making the final decision. The Selection Committee shall also be known as the Shortlisting Committee. The Selection Committee will consider and shortlist based on qualifications. The Proposer shall satisfy and explicitly respond to all the requirements of the RFQ including qualifications and 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 outlined in the Solicitation. A responsive Proposal is one which follows the requirements of this Solicitation that includes all documents 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 and responsible Proposer whose Proposal best serves the interest of the City. 4-2 EVALUATION CRITERIA The Committee may choose to invite any and/or or all firms to make presentations and be interviewed by the Committee as part of the evaluation process for this Solicitation. The Committee's decision will be communicated to all Proposers. 15 4-3 ORAL PRESENTATIONS Proposers may be required to make individual presentations to the City Selection Committee to clarify their proposals. However, the City Commission has the right to accept and shortlist the best proposal as submitted, without discussion or negotiation. If the City Commission determines that such presentations are needed, a time and place will be scheduled for oral presentations. Candidates should be available for presentations at the City Commission meeting or workshop where the proposals will be reviewed and shortlisted. Each Proposer shall be prepared to discuss and substantiate any of the areas of the proposal submitted, and its qualifications to perform the specified services. During the oral presentations, the Proposers should relate their discussion to the evaluation criteria, which will include (but not be limited to) their approach to the project. The proposed Project Manager must be in attendance. The Evaluation Criteria may be changed for the oral presentation evaluation phase. References and site visits (if completed) shall be included in the final evaluation criteria, along with other criteria and weights as determined by the Selection Committee shortlisting. Finalists will be informed as to the revised criteria, if any, prior to their oral presentation. Additionally, prior to award of an Agreement pursuant to this RFQ the City may require Proposers to submit such additional information bearing upon the Proposer's ability to perform the services in the Agreement as the City deems appropriate. 4-4 FINAL SELECTION The Interim City Manager or City Manager of Opa-locka Commission will select the firm that meets the best interests of the City following shortlisting. The City shall be the sole judge of its own best interests, the proposals, and the resulting negotiated Agreement. The City's decisions will be final. Following the selection of firm, the expectation is that an Agreement will be executed between both parties. The City Manager will recommend award to the responsible Proposer whose Proposal is determined to provide overall best value to the City, considering the evaluation factors in this RFQ following shortlisting. 4-5 AWARD AND CONTRACT EXECUTION After review by the Selection Committee of the proposals and oral presentations a recommendation the City Commission will shortlist no less than two (2) firms for selection by the Interim City Manager or City Manager. Upon selection, contract negotiations will be initiated with the successful firm through the City Attorney's Office. Upon successful contract negotiations with the prevailing firm, the remaining firms will be notified that the process has been completed and that they were not selected. 16 RFQ NO. 23-TBA OUTSIDE ENTITY HUMAN RESOURCES DIRECTOR The Proposer, as a result of this proposal, should hold a County and/or Municipal Contractor's Occupational License in the area of their fixed business location. Complete and submit with the proposal the following information: 1. Legal Name and Address: Name: Address: City, State, Zip: Phone/Fax: 2. Check One: Corporation () Partnership () Individual () 3. If Corporation, indicate: 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. Provide corporate forms from the Florida Division of Corporations of similar state entity. 8. Provide a list of at least three commercial, corporate or government references that the bidder has supplied service/commodities meeting the requirements of the City of Opa-locka RFQ during the last twenty-four months. 9. 10. 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 insure 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. 17 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. 18 E. The certification in paragraph (a) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Proposer knowingly rendered an erroneous certification, in addition to other remedies available to the Government, the Contracting Officer may terminate the contract resulting from this solicitation for default. AS THE PERSON AUTHORIZED TO SIGN THE STATEMENT, I CERTIFY THAT THIS FIRM COMPLIES FULLY WITH THE ABOVE REQUIREMENTS. Signature Printed Name 19 CITY OF OPA-LOCKA RFQ NO. 23-TBA 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 20 CITY OF OPA-LOCKA NON -COLLUSION AFFIDAVIT STATE OF FLORIDA - COUNTY OF MIAMI DADE being first duly sworn, deposes and says that: (1) He/She/They is/are the (Owner, Partner, Officer, Representative or Agent) of the PROPOSER that has submitted the attached proposal; (2) He/She/They is/are fully informed respecting the preparation and contents of the attached Proposal and of all pertinent circumstances respecting such Proposal; (3) Such Proposal is genuine and is not a collusive or sham Proposal; (4) Neither the said PROPOSER nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant, have in any way colluded, conspired, connived or agreed, directly or indirectly, with any other PROPOSER, firm, or person to submit a collusive or sham Proposal in connection with the Work for which the attached Proposal has been submitted; or to refrain from Proposing in connection with such Work; or have in any manner, directly or indirectly, sought by agreement or collusion, or communication, or conference with any PROPOSER, firm, or person to fix any overhead, profit, or cost elements of the Proposal or of any other PROPOSER, or to fix any overhead, profit, or cost elements of the Proposed Price or the Proposed Price of any other PROPOSER, or to secure through any collusion, conspiracy, connivance, or unlawful agreement any advantage against (Recipient), or any person interested in the proposed Work; (5) The price or prices quoted in the attached Proposal are fair and proper and are not tainted by any collusion, conspiracy, connivance, or unlawful agreement on the part of the PROPOSER or any other of its agents, representatives, owners, employees or parties of interest, including this affiant. Signed, sealed and delivered in the presence of: By: Witness Signature Witness Print Name and Title 21 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: 22 E -VERIFY Effective January 1, 2021, public and private employers, contractors and subcontractors will be required to register 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/sub-consultants/sub-contractors) 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; and By entering into a 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 t 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. The Contractor acknowledges it is liable to the City for any additional costs as a result of termination of the contract due to Contractor's failure to comply with the provisions herein. 23 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/subconsultants/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 isa 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: 24