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HomeMy Public PortalAboutResolution No. 23-162 Issue an RFP for a Comprehensive Citywide Urban Forestry PlanSponsored by: Interim City Manager RESOLUTION NO. 23-162 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 FOR THE DEVELOPMENT OF A COMPREHENSIVE CITYWIDE URBAN FORESTRY PLAN; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Opa-Locka ("City") seeks proposals from qualified firms, consultants, or consultant teams to perform professional consulting and planning services to prepare a comprehensive citywide Urban Forestry Plan; and WHEREAS, the final plan will update the City's existing street tree plan and expand the scope to include park trees, trees in easement areas, trees near power lines that are maintained by the City of Opa-Locka and Florida Power and Light, and trees on private and other non -City property. Thus, the City's Street Tree plan will become the Urban Forest Plan; and WHEREAS, the City's Urban Forestry Plan is intended to be strategic in advancing social equity and contributing to an improved quality of life by providing the benefits of urban tree canopy to all community members, which includes improvement of overall emotional and psychological health, and improvement of physical health; and WHEREAS, United States Department of Agriculture (USDA) Forest Service maps of urban tree canopy coverage show that most of the City has between 0-12% tree canopy coverage; and WHEREAS, a focus of the Urban Forestry Plan should be expanding the urban forest and creating a more equal distribution of trees across all of the City of Opa-Locka's neighborhoods. The assessment must include a social vulnerability assessment that is intended to guide the equitable implementation of urban forestry strategies, including its expansion; and WHEREAS, funding for the Urban Forestry Plan Development project is included in the fiscal 2023-2024 Budget with a Fifty Thousand Dollars ($50,000.00) Resolution No. 23-162 grant to be matched by the City in the amount of Fifty Thousand Dollars ($50,000.00); and WHEREAS, the Interim City Manager recommends that the City Commission authorize the issuance of a Request For Proposals (RFP) for the development of a comprehensive citywide Urban Forest Plan; and WHEREAS, the Interim City Manager recommends that the City Commission further authorize spending of up to Three Thousand Dollars ($3,000.00) for advertising purposes, if deemed necessary; 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 the development of a comprehensive citywide Urban Forest Plan 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: 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 for the development of a comprehensive citywide Urban Forestry Plan 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. 2 Resolution No. 23-162 PASSED AND ADOPTED this llth day of Octob-r 2023. John H r., Mayor A _ EST: Joan a Flores, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY: Bux .dtte Norris -Weeks, P.A. City Attorney 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 3 City of Opa-locka Agenda Cover Memo Department Manager: Adelina Gross Department Director Signature: ,—DocuSigned by. _¢-dtil,:ld (ati,-44, EC502OC4FF80414. Interim City Manager: Darvin Williams CM Signature: i/ NO ���(/� Ordinance (k_st____k Other Commission Meeting Date: 10/11/2023 Item Type: (EnterXin box) Resolution X ' Fiscal Impact: (EnterXin box) Yes No Ordinance Reading: (Enter X in box) 1n Reading g n d Reading X Public Hearing: (EnterXin box) Yes No Yes No X X Funding Source: Account# : 19- 515491 (Enter Fund & Dept.) Ex: See Financial Impact Section Advertising Requirement: (EnterXin box) Yes No X Contract/P.O. Required: (EnterXin box) Yes No RFP/RFQ/Bid#: X Strategic Plan Related (EnterXin box) Yes No Strategic Plan Priority Area: Enhance Organizational 0 Bus. & Economic Dev 0 Public Safety MI Quality of Education 0 Qual. of Life & City Image • Communication El Strategic Plan Obj./Strategy: (list the specific objective/strategythis item will address) X Sponsor Name City Manager Department: Capital Improvements Program City Manager Short Title: Request for Proposals Comprehensive Urban Forestry Plan Development Staff Summary: The City of Opa-locka seeks proposals from qualified firms, consultants, or consultant teams to perform professional consulting and planning services to prepare a comprehensive citywide Urban Forest Plan. The final plan will update the City's existing street tree plan and expand the scope to include park trees, trees in easement areas, trees near power lines that are maintained by the City of Opa-locka and Florida Power and Light, and trees on private and other non -City property. Thus, Opa-locka's street tree plan will become the Urban Forest Plan. The City's Urban Forest Plan is intended to be strategic in advancing social equity and contributing to an improved quality of life by providing the benefits of urban tree canopy to all community members, which includes improvement of overall emotional and psychological health, and improvement of physical health. USDA Forest Service maps of urban tree canopy coverage show that most of the City has between 0-12% tree canopy coverage. A focus of the Urban Forest Plan should be expanding the urban forest and creating a more equal distribution of trees across all of the City of Opa-locka's neighborhoods. The assessment must include a social vulnerability assessment that is intended to guide the equitable implementation of Urban Forestry strategies, including its expansion. The intent of this item is to issue a request for proposals for the development of a comprehensive citywide Urban Forest Plan. Financial Impact - Funding for the Urban Forestry Plan Development project is included in the FY 24 Budget with a $50,000 grant to be matched by the City in the amount of $50,000. For the purpose of obtaining broad dissemination of this solicitation and to ensure a wide range of qualified bidders are aware of this opportunity, print media may be used in addition to electronic media at a cost not to exceed $3,000. This expenditure will be funded in the Non -Department Division, Other Advertising (19-515491) which has an available balance of $25,000. Proposed Action: Staff recommends the issuance of a Request for Proposals for the Comprehensive Urban Forestry Plan development in compliance with the Awarded Grant received during Fiscal Year 2022-23. Attachment: 1. Agenda 2. RFP Set ,IP CITY OF OPA-LOCKA REQUEST FOR PROPOSAL CITYWIDE URBAN FOREST PLAN Table of Contents I. Proposal Guidelines a Advertisement b. Proposal Submission G Calendar Events/Important Dates II. Nature of Services Required a Purpose b. Scope of Work C Contents of Proposal III. General Requirements a Rules for Proposal b. Submission Guidelines C References IV. Evaluation and Selection Process a Review of Proposals b. Evaluation Criteria V. Attachments a PROPOSER QUALIFICATIONS b. PRICE PROPOSAL FORM c CERTIFICATION REGARDING DEBARMENT d DRUG -FREE WORKPLACE e. NON -COLLUSION AFFIDAVIT f. NON-DISCRIMINATION AFFIDAVIT g. E -VERIFY FORM 2 RFP NO: 23-TBA CITYWIDE URBAN FOREST PLAN The sealed proposal for Citywide Urban Forest Plan for the City of Opa-Iocka will be received by the City's Clerk Office, 780 Fisherman St, 4th Floor, Opa-Iocka, Florida 33054, TBA, by 2:00 pm. Any RFP 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 may be submitted 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-Iocka, 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- Iocka, Florida, and marked RFP for CITYWIDE URBAN FOREST PLAN. 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 RFP 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 3 RFP NO: 23-TBA PART 1 PROPOSAL GUIDELINES 1-1. Introduction: The City of Opa-locka seeks proposals for a CITYWIDE URBAN FOREST PLAN. The City is soliciting bids on behalf of the City Manager's Office for the Citywide Forest Plan Services 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 highest ranked 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 tba, 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: RFP NO. 23-TBA — CITYWIDE URBAN FOREST PLAN. 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. 4 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 RFP. 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 best proposal has been identified, approved by the appropriate level of authority within the City and executed by all parties. The City anticipates that the final Agreement will be in substantial conformance with this sample Agreement; nevertheless, Proposers are advised that any Agreement may result from the RFP may deviate from the Sample Agreement. 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. 5 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 reservesthe 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. 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 RFP 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. • Evidence of General Liability coverage with limits not less than $1,000,000 per Occurrence/ $2,000,000 Aggregate (Including Policy Number and Policy Period); • Evidence of Auto Liability coverage with limits not less than $1,000,000 per Occurrence/$1,000,000 Aggregate (Including Policy Number and Policy Period); • 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); • The City listed as an additional insured (this may be specifically limited to the specific job(s) the contractor will be performing); • 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 RFP submittal. The proposal of any Proposer who is not fully licensed and certified shall be rejected. 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 6 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 287.017 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 RFP proposal forms, Proposer attests that they have not been placed on the "Convicted Vendor List". 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 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. 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. 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 service. 7 CALENDAR EVENTS EVENT DATE/LOCATION Release Date TBA Pre -Bid Meeting TBA Written Questions Due TBA @ 5:00pm Email questions to With Subject line "RFQ No: Bid Questions" jbergel@opalockafl.gov Response to Questions TBA @ 5:OOpm Due Date/Bid Opening TBA @ 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). TBA Award Letter Recommendation TBA Post Award TBA 16 PART II NATURE OF SERVICE I. INTRODUCTION The City of Opa-locka (City) seeks proposals from qualified firms, consultants, or consultant teams to perform professional consulting and planning services to prepare a comprehensive citywide Urban Forest Plan in accordance with this Request for Proposals (RFP). The proposal seeks to both update the City's existing street tree plan and expand the scope to include park trees, trees in easement areas, trees near power lines that are maintained by the City of Opa-locka and Florida Power and Light, and trees on private and other non -City of Opa-locka property. Thus, Opa-locka's street tree plan will become the Urban Forest Plan. The City's Urban Forest Plan is intended to be strategic in advancing social equity and contributing to an improved quality of life by providing the benefits of urban tree canopy to all community members, which includes improvement of overall emotional and psychological health, and improvement of physical health. USDA Forest Service maps of urban tree canopy coverage show that most of the City has between 0-12% tree canopy coverage. A focus of the Urban Forest Plan should be expanding the urban forest and creating a more equal distribution of trees across all the City of Opa-locka's neighborhoods. The assessment must include a social vulnerability assessment that is intended to guide the equitable implementation of Urban Forestry strategies, w including its expansion. A. PURPOSE OF REQUEST The purpose of this Request for Proposals is to develop an Urban Forest Plan that accomplishes the following: 1. Creation of a Master Street Tree Plan. The proposal seeks to create a street tree plan expand the scope to include park trees and develop recommendations to promote an increase in the overall canopy, including trees not managed by the city. 2. Develop a Dynamic and Forward -focused Plan and Related Policies Based on the Needs of the City. The City is in need of a Tree Canopy Assessment and strategies for planting, maintenance, and pruning trees to meet the needs of the Community. Additionally, new revision/addition and/or creation of City Ordinances, and the creation of planning documents integrating Urban Forest activities and initiatives. The Urban Forest Plan will guide the City's operations and activities, including expanding and maintaining the tree canopy, for the next 10 years. 3. Review the Structure and Funding of Urban Forest Management. The City is currently looking to employ one full-time arborist within the Beautification Department. The Plan will propose future staffing and contract levels, effective organizational structures, and recommend funding mechanisms fora proactive Urban Forest Program that will provide a level of service necessary for a sustainable and thriving urban forest. B. GUIDING PRINCIPLES 17 The City seeks to build upon the existing trees and expand its healthy and resilient tree canopy. Equity must be centered throughout all phases of the development of the Urban Forest Plan, including incorporation of racial equity, soliciting community engagement and input, and assessments of tree canopy alongside social vulnerability. The goal is to expand the urban forest and make the benefits of an urban tree canopy accessible to all neighborhoods, especially those with residents that are lower -income and communities of color. The Urban Forest Plan should be ambitious and achievable with the recommended program budget and staffing recommendations. Incorporation of Equity and Indigenous Practices The existing Community makeup and tree coverage is a result of historic development practices and exclusionary policies. With the disproportionate impacts on property value, wealth, and public health, it is essential that the Urban Forest Plan establish racial equity guardrails such that policies and practices moving forward do not continue to exacerbate existing gaps between the community. Proposals should describe how the Consultant Team plans to incorporate a Social Vulnerability Analysis into its recommended strategies and prioritize the benefits of tree shade to those communities that currently lack tree canopy, including increasing access to decision -making in the planning process. The diversity of languages and cultural backgrounds of residents should be incorporated into the outreach strategy and plan. Focus on Drought Tolerant and Native Species The Urban Forest Plan should identify trees well suited to Opa-locka's current and future climate. A focus on drought -tolerant, shade -producing, Florida native species suited to Opa-locka's changing climate is preferred. Trees with high carbon sequestration capacity are also preferred. Integration with City plans The Urban Forest Plan should complement and build upon existing City plans, including the Community Development, Community Redevelopment Association and Opa-locka 2030 Plan, particularly in holistically addressing green space and climate impacts across Opa-locka and include recommendations for complying with related State mandates and requirements, not limited to Water Efficient Landscape and Miami -Dade County and State of Florida regulations. I. SCOPE OF SERVICES The City is looking to move forward quickly upon contract execution with the selected Consultant to meet the targeted project milestones. The selected Consultant is expected to provide the deliverables and to facilitate or participate in all tasks that list the Consultant as the responsible party. Each task should be costed separately for the project team to decide what can be achieved with the budget. If it makes sense to combine tasks, they can be combined if the objectives are still met. Proposers may include additional, optional tasks that they feel should be included in the project to achieve the optimal outcome; however, these costs and hours must be listed separately in the budget and may not be approved. Please note that this proiect has a not to exceed budget of $100,000.00 including but not limited to additional services and tasks the Consultant may propose as optional tasks. 18 Notwithstanding the inclusion of services in this RFP, the final scope of services negotiated between the City and the successful Proposer shall be set forth in the Professional Services Agreement ("Agreement") executed by and between the City and the successful Proposer. 1. Project Management A. Coordination and Meetings. The selected Consultant's Project Manager will take the lead in coordinating all project activities, including coordinating with City of Opa- locka Project Manager, deliverables, submissions, permits, and similar coordination efforts consistent with the scope of services. 1. The Consultant shall develop a plan for regular meetings with City staff throughout the duration of the project as required to coordinate and execute the scope of services. The Consultant shall prepare and circulate meeting minutes from all coordinating meetings. 2. The Consultant shall develop a plan and schedule to conduct and present at public outreach meetings (using various forms of virtual platforms) to solicit input from, promote the project to, and garner support for the project by the public. 3. The Consultant shall present draft and final plan documents at relevant City Board and Commission and City Council meetings and support the Plan's adoption by City Council. B. Project Schedule. The Consultant shall prepare and periodically update a project schedule with tasks and milestones. The Consultant shall break down the schedule by logical tasks with enough detail to track project progress. The schedule must reflect realistic review periods for tasks, such as reports, plans, and coordination. C. Administration 1. The Consultant shall submit a consolidated monthly invoice that includes a 2. progress report reflecting the work completed with the invoice. 3. The Consultant shall maintain project files in accordance with its Work Plan. D. Work Plan. The Consultant shall prepare a Work Plan, based on the agreed upon Scope of Work, that includes a list of deliverables, milestone submittal schedule, summary of organization responsibilities and contacts, and task budgets. The Work Plan shall be submitted to the City and approved prior to the first invoice. 2. Analysis of Current Status, Challenges and Opportunities As part of the development of the Urban Forest Plan, the consultant will review all relevant material, including City policies and documents, to identify where the City is successfully meeting program goals, and where there are gaps and areas for recommended improvements. A. Assess City Policies and Documents. The Consultant shall review and assess all relevant material listed in this section. 1. Community Development Master Plan 19 2. Municipal Code (e.g., Protection of Trees, Trees and Shrubbery, Landscaping, Preservation of Historical and Cultural Resources). 3. City Guidelines, Specifications and Standards (e.g., Street Design, Planning Permits, Greenstreet Guidelines, Neighborhood Design Guidelines, Tree Removal/Pruning Permits, Landmark Trees, Master Tree List, Parking Lot Shade Guidelines, Street Tree Planting Requirements, City Landscape and Tree Maintenance Specifications) 4. Climate Action and Resiliency Plan 5. Contractor technical specifications for public tree maintenance. 6. Maintenance and level of service for trees in city easements 7. Key Parties and Stakeholders (interviews required) a) City Council and Advisory Commissions b) City Staff and Other Public Agencies c) Non -Profit Groups d) Residents and Business Owners e) Others 8. Summarize current and future challenges and opportunities in terms of City policies and planning. Who manages/ interacts with trees in City of Opa-locka? What conflicts exist between public agencies/departments/residents with respect to tree management? What opportunities exist for improving city policies, procedures, and plans related to public and private trees? B. Assess Program Structure, Function, and Budget 1. Current staffing and program resources/staffing/roles and responsibilities (e.g., in-house, tree maintenance contract) 2. Work conducted (i.e., planting, young tree care, mature tree care, hazard tree abatement, administration, special projects (e.g., removal/replacement programs, major corridor tree/landscape improvements), backlog of work, emergency response, levels of interdepartmental coordination, etc. 3. Budget allocated and current level of service. C. Assess Current City Public Tree Resources (Streets, Easements, Open Space, and Parks) 1. Tree numbers and stocking levels (from existing inventory) 2. Species composition and age diversity (from existing inventory) 3. Species fitness for future climate and growing conditions (pests, drought, etc.) 4. Management needs 20 5. Current value — resource units and annual monetary benefits, benefit -cost ratios for street and park tree populations 6. Current public opinion — conduct outreach to determine public opinion concerning services provided by the City and preference for alternative future investments. D. Assess Private and Public Trees Resources (Canopy Cover Analysis) 1. Tree canopy cover and available growing space (area and %) by census tract (for equity assessment) 2. Overall health of the canopy by census tract (if discernible from existing imagery). 3. Identify primary threats to urban forest health citywide. 4. Equity assessment (distribution of canopy cover and its health, as well as available growing space, in relation to socio-economic indicators of need from census tract data. 5. Planting and management needs to be prioritized by census tract. 6. Value -resource units and annual monetary benefits, benefit -cost ratios by census tract if available 7. Current public opinion —conduct outreach to determine public opinion concerning the extent, health and preference for alternative future investments in the City's urban forest canopy. 8. Provide an overall assessment of Opa-locka's existing urban forest ecology using a framework such as Nature Serve's Ecology Integrity Assessment Method, US Forest Service's Forest Landscape Assessment Tool or other appropriate framework. 3. Stakeholder Participation and Outreach A. Develop and implement an outreach plan that identifies and engages stakeholders. Consultant team should expect to have a multilingual outreach process that supports engagement with a diversity of cultures and ethnic backgrounds. B. Develop and provide content for project web pages to be uploaded by City staff and hosted on the existing City web site, which will be a resource for projectdocuments. C. Collect input from stakeholders, including communities that may not be able to participate in web - public comment, pop-up events at farmers markets and other spaces, community presentations, or student ambassadors. D. Develop media messaging materials and a media outreach strategy to inform the public about the planning process as well as opportunities for residents to be involved in supporting the health of the urban forest, including planting and properly managing trees on private and public property. E. Engagement is expected to be ongoing, substantial, and center neighborhoods where priority tree planting will likely occur. F. The Project Manager can assist in connecting to local partners and community groups, as well as running some of the outreach events/pop-ups. 21 4. Urban Forest Plan Development The consultant team will prepare the Urban Forest Plan document with input from City staff to encompass the determinations based on issues identified in the Scope of Work. The consultant team will develop the organization, narrative text, graphic layout, and a complementary web -based document. The Plan will retain and expand to include park trees and develop recommendations to promote an increase in the overall canopy, including trees not managed by the city. A. Identify principles and key goals for the plan update. Work with the community to develop principles and goals for the updated Plan and the Urban Forest Program. Guiding principles for the plan implementation are outlined in the background. Identify major challenges for Opa-locka in implementing this work. The Consultant team should plan to address social equity in the prioritization of tree planting across neighborhoods and in the outreach process; incorporation of all partners; and acknowledgment in preparation of a future Green Infrastructure Plan. B. Key performance indicators. Recommend measurable key performance indicators for tracking progress on Plan goals (considering existing city goals), such as tree planting numbers, net tree gain and tree canopy coverage, increased native biodiversity, number of environmental justice priority community events, number of volunteer hours, and others with citywide goals. Propose policies and strategies that support theachievement of these goals. C. Tree species and management recommendations. 1. The Plan should identify recommended street tree species appropriate for planting in the public right of way and park trees for planting in parks that meet criteria such as drought tolerance, groundwater table, Florida natives, root growth (minimizing impacts to adjacent public sidewalks and private sewer laterals), and height (many of the City's residential neighborhoods still have overhead power lines), and future climatic conditions. 2. Develop a tree species matrix that includes ratings for CO2 storage, air quality benefits in terms of ozone, nitrogen dioxide, particulate matter and sulfur dioxide, shade, habitat, pest risk, and other ratings as appropriate. Include mature examples of each species. 3. Provide the City and stakeholders with guidance and recommendations in regard to the state of urban forestry best practices in the following areas at a minimum: a) Tree care & health b) Tree monitoring c) Tree protection, removal, and mitigation for public and private trees d) Integrating urban forestry into land use planning e) Water conservation considerations f) Tree shade and urban heat island mitigation g) Public and private utility conflict mitigation 22 4. Identify strategies to reduce tree maintenance and sidewalk repair costs and minimize tree/utility conflicts. 5. Outline recommendations for best management practices for declining trees and removal of public trees and outline any proactive mitigation strategies to minimize the need for removals. 6. Outline recommendations for the preservation of existing trees on private property, including requirements for removal. 7. Recommend supplemental tools/policies/practices toward increasing tree planting programs including increasing the use of tree zones with automated irrigation systems within the disadvantaged communities. D. Recommendations for Staffing Structure, Function, Budget and Revenue for Urban Forest. 1. Based on community input from outreach efforts, what aspects of the City's urban forest program pose the greatest challenges and opportunities? What potential future investments are most and least preferred? 2. Recommend optimal staffing (mix of in-house, contract, other) to improve service and efficiency. 3. Determine a recommended budget for urban forest management to meet the desired level of service and plan goals, including ongoing community engagement. 4. Identify potential sources of revenue or support to increase funding and resources available to the Urban Forest. 5. Evaluate the current tree maintenance contract and specifications and make recommendations to align with the overall goals of the Urban Forest Plan and recommended staffing and programmatic needs. 6. Provide a comprehensive list of all applicable resources with the required competencies including staffing, tools, and software. 7. Recommended urban forest management strategies applying but not limited to the following: Reliability Centered Management, Just In Time, Optimal Prune Cycle and address Cost of Deferring Maintenance, Tree Growth Analysis, Pest Pressure and Loads and Other Environmental factors such drought, poor soil conditions and pathogen loads. E. Challenges for maintaining a healthy urban forest. Climate change, rising groundwater, drought, and potential challenges to maintaining a healthy and vibrant urban forest. The plan should identify these and other challenges and suggest creative solutions to address identified challenges. 23 F. Recommendation for ongoing community input on urban forest management. Tree planting and care will not be a City endeavor alone — it will require the participation and investment of the community and partners. We want to build community leadership around tree caretaking. Recommendations may address: 1. Recommended actions regarding partnerships, outreach, programming, and community events. This can include Tree Care Academy, best outreach/communication practices, demonstration projects, and volunteer tree planting programs in public areas and Arbor Day/tree festival/community planting days. 2. Recommendations to educate residents about the urban forest, how it supports the city' climate mitigation and adaptation goals and how residents can be involved in supporting the urban forest, including information on what residents are allowed or required to do with public trees. 3. Strategies to encourage and assist residents, businesses, and private property owners to plant and properly maintain trees on their own property (including provision of free or rebated trees and MDC or City rebates). 4. With limited staff capacity at the City, a tree planting and maintenance program will need to be supplemented and supported by a community network. Identify some possible collaboration structures for staff, community volunteers, horticulture students, community partners, and organizations to work together on the tree planting program. 5. Possible partnerships with local businesses and nurseries to further support thecommunity. 6. Recommendations on applicable community engagement resources, including staffing, tools and software. G. Changes to City policies and related plans. Identify any recommended changes to current City policies, planning, and documents based on assessment of current policies and plans. Identify any areas that might be subject to improvements. H. Inventory. Provide recommendations on expanding the City's tree inventory to include all city trees. I. Plan evaluation and updates. Provide recommendations for the ongoing evaluation of the effectiveness of the Plan and guidance for the timing and process of updating the Plan. 24 II. MINIMUM QUALIFICATIONS 1. Consultants must meet the following minimum qualifications in order to be considered responsive to this RFP: a. As of the submission deadline, the consultant shall have a minimum of three (3) years of experience satisfactorily providing the same or similar services requested under this RFP. Prior experience working with municipalities or other public entities ispreferred. b. As of the submission deadline, the consultant shall be registered with Florida State and be in good standing. c. The project team must have experience with the development of at least three (3) other urban forest or tree plans. d. The project team must include ISA(International Society of Arboriculture) certified staff and Arborist. 2. Any consultant that does not meet these minimum requirements shall not be eligible to be considered for placement on the list of qualified on -call consultants. The proposal shall include the following items: 3. Letter of Interest (10 points, 3 page maximum). Please include in the submittal a letter introducing the consultant and expressing the consultant's interest in developing the Urban Forest Plan. The letter of interest should also include all of the following: 4. Provide the name of entity, its mailing address, telephone, email address. Please describe theorganization. 5. Indicate that the consultant has the availability and time to dedicate the personnel and resources necessary to provide on -call consulting services. 6. Indicate that the consultant has the minimum qualifications listed in Section I I I above. 7. Indicate the intention of the consultant to adhere to the provisions described in the RFP. 8. If selected to provide consulting services, the consultant will be expected to sign a service provider agreement with the City. 9. Please identify the contact person responsible for the submittal, specifying the name, title, and contact information. 10. Please note that the person signing the letter of interest must be a legal representative of the consultant authorized to bind the consultant to an agreement in the event of an award. 11. Relevant Experience of Kev Personnel and the Firm (15 points, 15 page maximum). 12. Key Personnel Experience. The submittal must identify the key personnel that are to be assigned if awarded a contract, detailing their qualifications, areas of expertise, a summary of their past experience performing similar services for the City of Opa-locka or neighboring jurisdictions in the Miami Dade County Area, and a resume of each key personnel, including experience working with City staff, local community groups and decision -makers, and regional partner agencies. 13. Firm Experience. The submittal must describe the firm's pertinent project experience, including a list of performed relevant projects, past performance, individual or team accomplishments, and examples of similar work for the City or neighboring jurisdictions in the Miami Dade County area, including experience working with City staff, local community groups and decision -makers, and regional partner 25 agencies. 14. General Firm Information. General firm information including the number of employees, location of firm headquarters, branch offices, and number of years in business may also be provided. 15. Scope of Services (50 points). The Proposer shall prepare a complete description of the scope of services which the Proposer intends to perform in order to achieve the Project Objectives. The Proposer may identify services which differ from the scope of services if the Proposer believes the changes will assist the City in more efficiently and effectively achieving the City's stated Project Objectives. Note in the scope of services the project management timeline, milestones, and team meetings. 16. Fee Schedule (20 points). (Budget not to exceed $100,000.00 including but no limited to additional and/or optional tasks and services: 17. Estimated fee by task (tasks should match the scope of services section) 18. Hourly billing rate schedule for all proposed staff 19. Types and estimated amount of expenses to be billed to the project. 20. Fees by sub -consultant, by task. 21. Anticipated Timeline. (5 Points) The proposal shall include a general timeline for the Scope of Services. 22. Client References (Pass/Fail). Consultant must provide a minimum of four (4) client references. Please complete and include the Client Reference worksheet. The consultant's submission of a completed constitutes the consultant's express consent for the City to contact the listed references to inquire regarding the qualifications of the consultant. 26 PART 111 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 RFQ. 3-2 SUBMISSION OF PROPOSALS The proposal shall be submitted on 8%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.). 27 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. 3.2.5 Tab 4 — Project Approach Describe in detail your 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. 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. 3.2.7.2 Indicate the earliest available start date for your 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 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 elevator services. 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 compete and submit as part of its Proposal all of the following forms and/or documents. FAILURE TO SUBMIT ALL OF THE ABOVE REQUIRED DOCUMENTATION MAY DISQUALIFY PROPOSER. 28 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 RFQ 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 outlined in the Solicitation. A responsive Proposal is one which follows the requirements of this Solicitation which 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. Categories Points Category 1. Experience:in public andprivatesector (minimum of 5 years of experience). Qualifications of the Project Team. 15 Category 2. SOW: The ability to meet the defined scope of work, plan, project approach, and methodology. References: three (3) required. 50 Category 3. Letter of Intent: The letter introducing the consultant and expressing the consultant's interest in developing the Urban Forest Plan. 10 Category 4. Timeline: The proposal shall include a general timeline for the Scope of Services. 5 Category 5. Fee schedule: Cost of proposal 20 TOTAL 100 29 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 presentations. 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. 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 City of Opa-locka will select the firm that meets the best interests of the City. 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 notification of the selected firm, it is expected that an Agreement will be executed between both parties. City staff 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. 4-5 AWARD AND CONTRACT EXECUTION After review by the Selection Committee of the proposals and oral presentations a recommendation will be made to the City Manager for submission to the City Commission for final approval. Upon Commission authorization, contract negotiations will be initiated with the first ranked firm. If those negotiations are unsuccessful, the City will formally terminate negotiations with the first ranked firm and will commence contract negotiations with the next ranked firm, etc. 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. 30 PROPOSER QUALIFICATIONS 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. 31 PRICE PROPOSAL FORM PROPONENT understands and agrees that the Contract Price is the lump sum to furnish and install all of the Work complete in place. Vendor's price will not be adjusted unless the CITY changes the scope of the Project after the Contract Date. As such, the Vendor shall furnish all labor, materials, equipment, tools, superintendence, and services necessary to provide a complete, in place Project for the Proposed Price of: LUMP SUM PRICE: $ SUBMITTED THIS BID SUBMITTED BY: DAY OF 2023. Company Telephone Number Name of Person Authorized to Submit Bid Signature Title Fax Number Email Address 32 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. 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 33 CITY OF OPA-LOCKA 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 34 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 PROPONENT 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 PROPONENT 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 PROPONENT, 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 PROPONENT, firm, or person to fix any overhead, profit, or cost elements of the Proposal or of any other PROPONENT, or to fix any overhead, profit, or cost elements of the Proposed Price or the Proposed Price of any other PROPONENT, 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 PROPONENT 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 35 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: 36 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-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. 37 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: 38