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1 ATTENTION ALL POTENTIAL BIDDERS: PURCHASING DIVISION BOARD OF COUNTY COMMISSIONERS BROWARD COUNTY, FLORIDA RFP Name: Cooperative Marketing Program Services Non-sheltered Market ADDENDUM NO. 1 DATE OF ADDENDUM: June 27, 2012 RFP Number: R P1 Addendum No. 1 Page 1 of 1 SHOULD ADDENDUM. Information included in this Addendum is for clarification purposes. This Addendum SHOULD be acknowledged and returned with your submittal. TO ALL PROSPECTIVE BIDDERS, PLEASE NOTE THE FOLLOWING CHANGES AND CLARIFICATIONS: 1. Please delete Item No. 5 on Attachment T - Pricing Sheet found on Page 52 of The Due Date remains as July 2, 2012 at 5:00 PM Local Time. All other terms, conditions and specifications remain unchanged for this bid. NAME OF COMPANY: Addendum Form 3 02/23/2012

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3 Table of Contents Procurement Authority... 4 Scope of Service... 5 Submittal Instructions... 9 Required Forms For Additional Project Information Contact: Evaluation Process Review Responses Evaluation Criteria Cone of Silence Demonstrations Pricing Negotiation and Award Public Art and Design Program Posting of Solicitation and Proposed Contract Awards Vendor Protest Rejection of Responses Public Records and Exemptions Copyrighted Materials Local Preference State and Local Preferences Right of Appeal Projected Schedule Responsiveness Criteria Definition of a Responsive Bidder: Office of Economic and Small Business Development Program Domestic Partnership Act Joint Venture Enterprises Lobbyist Registration - Certification Responsibility Criteria Definition of Responsible Bidder Financial Information Litigation History Employment Verification Program (E-Verify) Evaluation Criteria Project-Specific Criteria Company Profile Legal Requirements Tiebreaker Criteria Required Forms to be Returned Attachment B - Letter of Intent CBE Attachment C - Schedule of (CBE) Participation Attachment D - CBE Unavailability Report Attachment E - Vendor s List (Non-Certified Subcontractors and Suppliers Information) Attachment F - Domestic Partnership Certification Rev Page 2 of 52

4 Attachment G - Lobbyist Registration Certification Attachment H - Employment Eligibility Verification Program Contractor Certification Attachment I - Litigation History Attachment J - Insurance Requirements Attachment K - Cone of Silence Certification Attachment M - Drug Free Workplace Policy Certification Attachment N - Non-Collusion Statement Form Attachment O - Scrutinized Companies List Certification Attachment P - Local Vendor Certification Attachment Q - Volume of Work Over Five Years Attachment T - Pricing Sheet Balance of Page Left Blank Intentionally Rev Page 3 of 52

5 Procurement Authority Request for Proposals (RFP) RFP Number: R P1 RFP Name: Cooperative Marketing Program Services Unchecked boxes do not apply to this solicitation. Pursuant to the Broward County Procurement Code, the Broward County Commission invites qualified firms to submit Proposals for consideration to provide services on the following project: Standard Request for Proposals Construction General Contractor: Two-Step Process - (Step 1) Issue RFP to Short list firms - (Step 2) Issue Invitation for Bids to Shortlisted firms to obtain bids Establish Library of Firms for Services Pursuant to the Broward County Procurement Code, the Broward County Commission invites qualified firms to submit Proposals for consideration to provide Construction Manager at Risk Services on the following project. Standard Construction Manager at Risk Construction Manager at Risk (Modified): Two Step Process - (Step 1) Issue RFP to Short list firms (Step 2) Issue Invitation for Bids to Shortlisted firms to obtain bids Pursuant to Florida Statutes, Chapter (Consultants Competitive Negotiation Act), the Broward County Commission invites qualified firms to submit Proposals for consideration to provide Professional Consulting Services on the following project. Non-Continuing Contract: (Check only one box) Professional services needed for a construction project where the construction costs exceed $ 325,000 Professional services needed for a planning or study activity where the fee for the professional services exceed $ 35,000 Continuing Contract :( Check only one box) Professional services needed for projects in which construction costs do not to exceed $2 million Professional services needed for study activities when the fee for such professional service does not exceed $ 200,000 Professional services needed for work of a specified nature Design-Build: (Check only one box) Qualification - Based with a Guaranteed Maximum Price and a Guaranteed Completion Date Rev Page 4 of 52

6 Scope of Service The Broward Cultural Division s Cooperative Marketing Program was launched in April This program was designed for Broward-based, non-profit or not for-profit cultural organizations to educate them on the benefits and procedures of advertising programs and services, and to assist in supplementing their advertising budgets. Contributions from non-profit or not-for-profit cultural organizations are matched by Broward County in order for such organizations to purchase advertising. Advertising includes, but is not limited to, placement on radio, TV, movie theater screens, daily and weekly newspapers, magazines, community and minority publications, internet and specialty publications. Advertising placement is offered as an incentive to eligible organizations and artists that qualify through an application process. The Broward-based, non-profit or not-for-profit cultural organizations and artists must attend an orientation meeting as well as complete the participation guidelines and eligibility forms. New organizations must submit written proof of non-profit or not-for-profit status including copies of State of Florida articles of incorporation, bylaws, certification of filing with the Secretary of State as well as a list of performances, exhibits or events presented by the organizations for the upcoming season for the period commencing at the beginning of each fiscal year of the COUNTY through the end of such fiscal year. A list of eligible organizations for Fiscal Year 2012 is provided as an example of the types of organizations that participate in the Cooperative Marketing Program. However, the organizations shown on the attachment are subject to change from time to time. The Cultural Division shall have final written approval of the plan for placement and production services and shall issue a written notice to proceed prior to VENDOR commencing to provide any services under this Agreement. VENDOR will purchase: advertising, related media and promotional services, and will process payments, and provide such bookkeeping and clerical services, all as necessary to originate and maintain advertising to promote and advertise Broward County cultural events in accordance with the approved plan for placement and production services. Such plan shall be approved in writing by both the County s Cultural Division and VENDOR in its sole discretion respectively. 1. ADVERTISING Specific services to be provided by VENDOR include, but are not limited to: a. Ordering space, time or other means of media to be used; checking and verifying such media use to the degree usually performed by agencies; and auditing and paying invoices to media; and b. Furnishing clerical, telephone and postage services customary or usual to the administration of the project. Rev Page 5 of 52

7 2. PLACEMENT a. All placements are to be streamlined through an online intake system. Coordinate the schedules of various groups that initiate requests on an online insertion order form for advertising. Such online insertion order form should be supplied by VENDOR to the groups, using the form approved for use by the Cultural Division. The completed insertion order form should be approved electronically by both the County s Cultural Division and VENDOR in its sole discretion respectively. b. Locate cooperative "match" partners. c. Coordinate placement of ads with various media representatives: a. Negotiate with media representatives for public service announcements, prime time or lower costs; and b. Sign all contracts with media on behalf of the cultural groups. d. Prepare online Advertising information form for cultural groups: a. Calculate cultural organization cost, and cost of total ad; and b. Cultural groups must approve online form electronically and submit payment to vendor for organization's portion. e. Coordinate production of the ads with the cultural organizations, graphic artists or radio, television or cable television stations: a. Establish artwork and copy deadlines; and b. Organize artwork copy; and c. Coordinate approval of artwork by the organization and then deliver to graphic artist; and d. Approve radio or TV copy (polish as needed), check for donut on commercial prior to delivery to media. f. Obtain final approval from Contract Administrator on all ads, attend meetings with the Contract Administrator as necessary, but no less than once every other week. Rev Page 6 of 52

8 3. PRODUCTION g. Monitor the disbursement of funds: a. Check accuracy of invoices; b. Keep a record of groups at or near "cap" of available funding as determined in marketing plan; and h. Maintain records of all cooperative advertising: a. Keep individual ad records; b. Maintain written summaries of total advertising purchased; c. Keep media and agency contract files; i. Submit year-to-date expenses with invoice and original tearsheets to Contract Administrator. j. Share information on special placement opportunities with potential advertisers: a. Provide aggressive sales promotion to cultural organizations; and b. Phone, fax, and communicate via ings apprising Cooperative Marketing Program particpation of routine and specialty annual advertising opportunities, including cost, details, and deadlines on a quarterly basis with additional mailings as necessary; c. Communicate all upcoming advertising opportunities to the Cooperative Marketing Program participants. k. Meet with media representatives as necessary. Provide all graphic production as needed for advertising placed through the Cooperative Marketing Program. All graphic production will take place on site at the Cultural Division offices since there is such an enormous volume of graphic design work which, by requirement of the County Auditor s office, needs approvals on each and every advertisement. 4. EDUCATIONAL/COMMUNITY MARKETING OUTREACH a. Education: Rev Page 7 of 52

9 i. Conduct creative brainstorming sessions - invite creative public relations members to a brainstorming session annually to discuss the program and seek new ideas; ii. Conduct annual orientation marketing meetings with all cultural executives reviewing the policies and procedures for participation in the program; iii. Attend Broward Arts Connection Meetings and report on cooperative marketing program; iv. Conduct annual marketing workshops in conjunction with Broward County Cultural Division to provide training to cultural organizations on various marketing and public relations topics. These workshops may include a media trade show, open house, for cultural organizations to meet media representatives, and focus group interviews to gather feedback from the participants about the quality of the program. b. Community Outreach: i. Attend a minimum of two (2) meetings annually from the following organizations or events: ii. Greater Fort Lauderdale Convention and Visitors Bureau Marketing Committee; or iii. Cultural Tourism Committee; iv. Greater Fort Lauderdale Hospitality and Lodging Association; v. Hospitality, Sales and Marketing Association International; vi. Greater Fort Lauderdale Alliance Power Showcase Trade Show (one event). 5. CONTRACT REPORTING All reports are to be streamlined through an online system in order to view via the internet. Reporting procedures are as follows: a. Quarterly Reports and Meetings to include: a. Number of ads placed during the quarter, media source and by type of media (print, radio, TV, billboard, etc.); and b. Return on Investment (ROI) reports from Cooperative Marketing Program participants, (i.e. increased ticket sales, memberships, website traffic); and Rev Page 8 of 52

10 c. Written marketing plan progress reports; and d. Schedule quarterly meetings with Directors of VENDOR, and Cultural Division, and marketing staff of both agencies. b. Annual Reports to include: a. Annual ad summary and number of ads placed during the contract period; and b. Financial report, including the total contributions of cultural organizations and all expenditures; and c. Narrative report on Marketing Plan; and d. Statistical report on advertising purchased and estimates of numbers of in-kind promotion, public service ads and editorials. e. Return on investment reports. Submittal Instructions Unchecked boxes do not apply to this solicitation. This solicitation is open to the general marketplace. Interested firms may supply requested information in the Evaluation Criteria section by typing right into the document using Microsoft Word. Firms may also prepare responses and any requested ancillary forms using other means but following the same order as presented herein. Submit seven (7) CDs, containing the following files: CD or DVD discs included in the submittal must be finalized or closed so that no changes can be made to the contents of the discs. IT IS IMPORTANT THAT EACH CD BE LABELED WITH THE COMPANY NAME, RFP NUMBER AND TITLE, AND THEN PLACED IN AN INDIVIDUAL DISC ENVELOPE. 1. A single PDF file that contains your entire response with each page of the response in the order as presented in the RFP document, including any attachments. 2. Responses to the Evaluation Criteria questions are to be provided in the following formats: a. Microsoft Word for any typed responses. b. Microsoft Excel for any spreadsheets Submit six (6) total printed copies (hard copies) of your response. Rev Page 9 of 52

11 It is the responsibility of each firm to assure that the information submitted in both its written response and CDs are consistent and accurate. If there is a discrepancy, the information provided in the written response shall govern. This is of particular importance in the implementation of the County's tiebreaker criteria. As set forth in Section d of the Procurement Code, the tiebreaker criteria shall be applied based upon the information provided in the firm's response to the solicitation. Therefore, in order to receive credit for any tiebreaker criterion, complete and accurate information must be contained in the written submittal. Balance of Page Left Blank Intentionally Rev Page 10 of 52

12 Required Forms This Request for Proposal requires the following CHECKED forms to be returned: (Please initial each Attachment being returned) Documents submitted to satisfy responsiveness requirement(s) indicated with an (R) must be attached to the RFP submittal and returned at the time of the opening deadline. Rev Page 11 of 52 Verification of return (Please Initial) Attachment A Bidders Opportunity List Removed Not Included Attachment B Letter of Intent (CBE) (R) Attachment C Schedule of (CBE) Participation (R) Attachment D CBE Unavailability Report (R) Attachment B Letter of Intent (DBE) Removed Not Included Attachment C Attachment D Attachment E Schedule of Federal Disadvantage Business Enterprise (DBE) Participation Federal Disadvantaged Business Enterprise (DBE) Unavailability Report Vendor s List (Non-Certified Subcontractors and Suppliers Information) Removed Not Included Removed Not Included Attachment F Domestic Partnership Certification (R) Attachment G Lobbyist Registration Certification (R) Attachment H Employment Eligibility Verification Program Contractor Certification Removed Not Included Attachment I Litigation History Attachment J Insurance Requirements Attachment K Cone of Silence Certification Attachment L Living Wage Ordinance Removed Not Included Attachment M Drug Free Workplace Policy Certification Attachment N Non-Collusion Statement Form Attachment O Scrutinized Companies List Certification Attachment P Local Vendor Certification Attachment Q Volume of Work Over Five Years Attachment R Proposal Bond Removed Not Included

13 Attachment S Certificate As To Corporate Principal Removed Not Included Attachment T Pricing Sheet Balance of Page Left Blank Intentionally Rev Page 12 of 52

14 Send all requested materials to: Broward County Purchasing Division 115 South Andrews Avenue, Room 212 RE: RFP Number: R P1 The Purchasing Division must receive submittals no later than 5:00 pm on July 2, Purchasing will not accept electronically transmitted, late, or misdirected submittals. If fewer than three interested firms respond to this solicitation, the Director of Purchasing may extend the deadline for submittal by up to four (4) weeks. Submittals will only be opened following the final submittal due date. For Additional Project Information Contact: Jody Leshinsky, Community Development Director Phone: Evaluation Process A Evaluation Committee (EC) will be responsible for recommending the most qualified firms and rating them. The process for this procurement may proceed in the following manner: Review Responses The Purchasing Division delivers the RFP submittals to agency staff for summarization for the Evaluation Committee members. The Office of Economic and Small Business Development staff evaluates submittals to determine compliance with the Office of Economic and Small Business Development Program requirements, if applicable. Agency staff will prepare an analysis report which includes a matrix of responses submitted by the firms. This may include a technical review, if applicable. Staff will also identify any incomplete responses. The Director of Purchasing will review the information provided in the matrix and will make a recommendation to the Evaluation Committee as to each firm s responsiveness to the requirements of the RFP. The final determination of responsiveness rests solely on the decision of the Evaluation Committee. At any time prior to award, the awarding authority may find that an offeror is not responsible to receive a particular award. The awarding authority may consider the following factors, without limitation: debarment or removal from the authorized vendors list or a final decree, declaration or order by a court or administrative hearing officer or tribunal of competent jurisdiction that the offeror has breached or failed to perform a contract, claims history of the offeror, performance history on a County contract(s), an unresolved concern, or any other cause under this code and Florida law for evaluating the responsibility of an offeror. Balance of Page Left Blank Intentionally Rev Page 13 of 52

15 Evaluation Criteria The following list of Evaluation Criteria total 100 points. Subsequent pages will further detail and define the Evaluation Criteria which are summarized with their numerical point ranges. 1. Knowledge of the local cultural environment. Project Specific Criteria Question No Vendor relationship with the Broward-based not-for-profit cultural organizations and artists. Project Specific Criteria Question No Firm's ability to obtain the not-for-profit rates when placing advertising on the behalf of the notfor-profit cultural organizations and artists receiving grants from the Broward County Cultural Division. Project Specific Criteria Question No Firm's financial capacity to accept matching funds required by the program and pool funds to jointly purchase advertising, by paying in advance, collecting funds from the cultural entity and have the ability to wait to be reimbursed by the County after the services are rendered. Project Specific Criteria Question No Ability to accept and process advertising requests through an online system, generate reports and share information through an online system. Project Specific Criteria Question No Experience of graphic designers, advertising experts, copy writers, financial management, and clerical assistants of your proposed firm. Project Specific Criteria Question No Firm's expertise in creating an annual advertising plan for organizations with limited experience in the advertising field. Project Specific Criteria Question No Firm's experience in all areas of advertising including but not limited to print, radio, television, and online advertising. Project Specific Criteria Question No Firm's experience in financial management including collection of funds, bookkeeping and creation of monthly, quarterly and annual financial reports. Project Specific Criteria Question No Price 15 TOTAL 100 * Total points awarded for price will be determined by applying the following formula: (Lowest Proposed Price/Proposer s Price) x 20 = Price Score Please note that prices may be negotiated in the best interest of the County after the scoring is completed. Rev Page 14 of 52

16 Cone of Silence At the time of the Evaluation Committee appointment (which is typically prior to the advertisement of the solicitation document) in this RFP process, a Cone of Silence will be imposed. Section 1-266, Broward County Code of Ordinances as revised, provides that after Evaluation Committee appointment, potential vendors and their representatives are substantially restricted from communicating regarding this RFP with the County Administrator, Deputy and Assistants to the County Administrator and their respective support staff, or any person appointed to evaluate or recommend selection in this RFP process. For communication with County Commissioners and Commission staff, the Cone of Silence allows communication until the Initial Evaluation Committee Meeting. After the application of the Cone of Silence, inquiries regarding this RFP should be directed to the Director of Purchasing or designee. The Cone of Silence terminates when the County Commission or other awarding authority takes action which ends the solicitation. Demonstrations If this box is checked, then this project will lend itself to an additional step where all firms demonstrate the nature of their offered solution. After receipt of submittals, all firms will receive a description of, and arrangements for, the desired demonstration. A copy of the demonstration (hard copy, DVD, CD or a combination of both) should be given to the Purchasing Agent at the meeting to retain in the Purchasing files. Pricing Unchecked boxes do not apply to this solicitation. Price will be considered in the final evaluation and rating of the qualified firms. Included in this RFP solicitation is a Price Sheet which must be completed and returned with the RFP Submittal at the time of the opening deadline. County staff and the top ranked firm will negotiate fees for pre-construction services during the Negotiation Phase of this process. Generally, the Parties negotiate a Guaranteed Maximum Price (GMP) for construction services during the course of pre-construction services. Negotiation and Award The Purchasing Negotiator, assisted by County staff, will attempt to negotiate a contract with the first ranked firm. If an impasse occurs, the County ceases negotiation with the firm and begins negotiations with the next-ranked firm. The final negotiated contract will be forwarded by the Negotiator to the Evaluation Committee for approval, if required by the Committee, or to the awarding authority for approval. Public Art and Design Program Unchecked boxes do not apply to this solicitation. Section 1-88, as amended, of the Broward County Code (of Ordinances) contains the requirements for the Broward County s Public Art and Design Program. Rev Page 15 of 52

17 It is the intent of Broward County to functionally integrate art, when applicable, into capital projects and integrate artists design concepts into this improvement project. The bidder may be required to collaborate with the artist(s) on design development within the scope of this request. Artist(s) shall be selected by Broward County through an independent process. (For additional information contact Mary Becht at (954) ). Posting of Solicitation and Proposed Contract Awards The Broward County Purchasing Division's website is the official location for the County's posting of all solicitations and contract award results. It is the obligation of each vendor to monitor the website in order to obtain complete and timely information. The website is located at Vendor Protest Sections and of the Broward County Procurement Code set forth procedural requirements that apply if a vendor intends to protest a solicitation or proposed award of a contract and state in part the following: (a) Any protest concerning the bid or other solicitation specifications or requirements must be made and received by the County within seven (7) business days from the posting of the solicitation or addendum on the Purchasing Division s website. Such protest must be made in writing to the Director of Purchasing. Failure to timely protest bid specifications or requirements is a waiver of the ability to protest the specifications or requirements. (b) Any protest concerning a solicitation or proposed award above the award authority of the Director of Purchasing, after the bid opening, shall be submitted in writing and received by the County within five (5) business days from the posting of the recommendation of award on the Purchasing Division's website. (c) Any actual or prospective bidder or offeror who has a substantial interest in and is aggrieved in connection with the proposed award of a contract which does not exceed the amount of the award authority of the Director of Purchasing, may protest to the Director of Purchasing. The protest shall be submitted in writing and received within three (3) business days from the posting of the recommendation of award on the Purchasing Division's website. (d) For purposes of this section, a business day is defined as Monday through Friday between 8:30 a.m. and 5:00 p.m. Failure to timely file a protest within the time prescribed for a solicitation or proposed contract award shall be a waiver of the vendor's right to protest. (e) Protests arising from the decisions and votes of a Evaluation Committee or Evaluation Committee shall be limited to protests based upon the alleged deviations from established Committee procedures set forth in the Broward County Procurement Code and existing written Guidelines. Any allegations of misconduct or misrepresentation on the part of a competing vendor shall not be considered a protest. (f) As a condition of initiating any RFP protest, the protestor shall present the Director of Purchasing a nonrefundable filing fee in accordance with the table below. Rev Page 16 of 52

18 Estimated Contract Amount Filing Fee $30,000 - $250,000 $ 500 $250,001 - $500,000 $1,000 $500,001 - $5 million $3,000 Over $5 million $5,000 If no contract bid amount was submitted, the estimated contract amount shall be the County s estimated contract price for the project. The County may accept cash, money order, certified check, or cashier s check, payable to Broward County Board of Commissioners. Rejection of Responses The Evaluation Committee may recommend rejecting all proposals in the best interests of the County. The rejection shall be made by the Director of Purchasing except when a solicitation was approved by the Board, in which case the rejection shall be made by the Board. Public Records and Exemptions Upon receipt, all response submittals become "public records" and shall be subject to public disclosure consistent with Chapter 119, Florida Statutes. Any firm that intends to assert any materials to be exempted from public disclosure under Chapter 119, Florida Statutes must submit the document(s) in a separate bound document labeled "Name of Firm, Attachment to Proposal Package, RFP# - Confidential Matter". The firm must identify the specific statute that authorizes the exemption from the Public Records Law. CD or DVD discs included in the submittal must also comply with this requirement and separate any materials claimed to be confidential. Failure to provide this information at the time of submittal and in the manner required above may result in a recommendation by the Director of Purchasing that the response is non-responsive. Any claim of confidentiality on materials that the firm asserts to be exempt and placed elsewhere in the submittal will be considered waived by the firm upon submission, effective after opening. Please note that the financial statement exemption provided for in Section (1) c, Florida Statutes only applies to submittals in response to a solicitation for a "public works" project. Please be aware that submitting confidential material may impact full discussion of your submittal by the Selection/Evaluation Committee because the Selection/Evaluation Committee will be unable to talk about the details of the confidential material(s) at the public Selection/Evaluation Committee meeting. Please note that the financial statement exemption provided for in Section (1) c, Florida Statutes only applies to submittals in response to a solicitation for a "public works" project. Rev Page 17 of 52

19 Copyrighted Materials Copyrighted material will be accepted as part of a submittal only if accompanied by a waiver that will allow the County to make paper and electronic copies necessary for the use of County staff and agents. It is noted that copyrighted material is not exempt from the Public Records Law, Chapter 119, Florida Statutes. Therefore, such material will be subject to viewing by the public, but copies of the material will not be provided to the public. Local Preference In accordance with Broward County Ordinance No , the Broward County Board of County Commissioners provides a local preference. This preference includes any county with which the Broward County Board of County Commissioners has entered into an inter-local agreement of reciprocity. Except where otherwise provided by federal or state law or other funding source restrictions, a local proposer whose submittal is within 5% of the highest total ranked proposer outside of the preference area will become the firm with whom the County will proceed with negotiations for a final contract. Local business means the vendor has a valid occupational license issued by the county within which the vendor conducts their business at least one year prior to bid or proposal opening, that authorizes the business to provide the goods, services or construction to be purchased and a physical address located within the limits of said county, in an area zoned for the conduct of such business, from which the vendor operates or performs business on a day-to-day basis that is a substantial component of the goods or services being offered. Post Office Boxes are not verifiable and shall not be used for the purpose of establishing a physical address. State and Local Preferences If the solicitation involves a federally funded project where the fund requirements prohibit the use of state and/or local preferences, such preferences contained in the County's Local Preference Ordinance and Procurement Code will not be applied in the procurement process. Right of Appeal Pursuant to Section of the Broward County Procurement Code, any vendor that has a substantial interest in the matter and is dissatisfied or aggrieved in connection with the Evaluation Committee's determination of responsiveness may appeal the determination pursuant to Section of the Code. The appeal must be in writing and sent to the Director of Purchasing within ten (10) calendar days of the determination by the Evaluation Committee to be deemed timely. As required by Section , the appeal must be accompanied by an appeal bond by a person having standing to protest and must comply with all other requirements of this section. The institution and filing of an appeal is an administrative remedy to be employed prior to the institution and filing of any civil action against the County concerning the subject matter of the appeal. Rev Page 18 of 52

20 Projected Schedule RFP Advertised Date: June 13, 2012 RFP Open Date: July 2, 2012 Initial Evaluation Meeting: August 7, 2012 Final Evaluation Meeting: August 31, 2012 If three (3) or fewer responses are received, a combination Short List and Presentation/Ranking meeting may be held on August 31, changes to the above tentative schedule. Please check this website for any Balance of Page Left Blank Intentionally Rev Page 19 of 52

21 Responsiveness Criteria Definition of a Responsive Bidder: In accordance with Broward County Procurement Code Section 21.8.b.66, a Responsive Bidder means a person who has submitted a bid which conforms in all material respects to a solicitation. A bid or proposal of a Responsive Bidder must be submitted on the required forms, which contain all required information, signatures, notarizations, insurance, bonding, security, or other mandated requirements required by the bid documents to be submitted at the time of bid opening. Failure to provide the information required below, at the time of submittal opening may result in a recommendation of non-responsive by the Director of Purchasing. The Evaluation Committee will determine whether the firm is responsive to the requirements specified herein. The County reserves the right to waive minor technicalities or irregularities as is in the best interest of the County in accordance with Section f.1(c) of the Broward County Procurement Code. ***NOTICE TO PROPOSERS*** Proposers are invited to pay strict attention to the following requirements of this RFP. The information being requested in this section is going to be used by the Evaluation Committee during the selection/evaluation process and further consideration for contract award. Please be aware that proposers have a continuing obligation to provide the County with any material changes to the information being requested in this RFP. 1. Office of Economic and Small Business Development Program (See Office of Economic and Small Business Development Program requirements below) Office of Economic and Small Business Development Program Requirements The Broward County Business Opportunity Act of 2004 and the County Business Enterprise (CBE) Act of 2009 establish the County s policies for participation by small business enterprises, county business enterprises, and federal disadvantaged business enterprises in all County contracts and in other selected activities. In accordance with the Acts, participation for this contract is as follows: Business Enterprise Category % of Participation Goal County Business Enterprise (CBE) 20% Overall Goal 20% The County uses the interested firm s submittal to this section of the RFP to determine the firm s responsiveness. The County only considers responsive submittals for short-listing. To be considered responsive requires the following actions. Rev Page 20 of 52

22 Submit the forms and documentation detailed below and attached to this RFP. Copies of each form are available on the Internet at: If the firm does not have access to the Internet, contact the Project Manager to receive copies by mail or fax. To be considered responsive requires the following action. Form Schedule of Participation (Attachment C) Letters of Intent (Attachment B) Unavailability Report (Attachment D) Content List each of the proposed Broward County-certified subcontractors or subconsultants, the type of work each firm will perform, and the projected subcontract dollar amount and percentage of professional fees to be awarded, if selected. For each participating firm, indicate the agreed subcontract amount executed with the responding firm s signature and countersigned by the proposed subcontractor or subconsultant listed on the Schedule of Participation form. For any instances where the specific goals were not achieved, list the subcontractors or subconsultants formally contacted and the reason unavailable to perform or whose bid was not considered. If the Responder is unable to engage sufficient firms to achieve the participation goals established for this RFP, the County will determine whether the Responder made good faith efforts to meet the goals. The County will make this determination pursuant to the factors listed in Section of the County Business Opportunity Act of 2009 based on information submitted by Respondent. Specifically, the County s good faith determination will focus on whether and to what extent the Respondent engaged in the following: Soliciting through activities such as attendance at pre-bid meetings, advertising, or written notices, the interest of certified CBEs (or CBEs eligible for certification) that have the ability and capacity to perform the contract work. The bidder must solicit this interest in a timely manner to allow the CBEs to respond to the solicitation. The bidder must take appropriate steps to follow up initial solicitations of CBE firms. Identifying the portions of the contract that could reasonably be performed by a CBE in order to increase the likelihood that the CBE goals will be achieved. This may include, where appropriate and commercially practicable, separating contract work items into segments more appropriate for participation by CBEs. Providing each interested CBE with adequate information about the plans, specifications, and requirements of the contract in a timely manner. Negotiating in good faith with each interested CBE. Evidence of such negotiation includes the names, addresses, and telephone numbers of CBEs that were considered; a description of the information provided regarding the plans and specifications for the work selected for subcontracting; and evidence as to why an agreement could not be reached with an interested CBE to perform the work. The fact that there may be some additional costs involved in subcontracting with CBEs is not in itself sufficient reason for a bidder's failure to meet the contract CBE goal, as long as such additional costs are reasonable. Rev Page 21 of 52

23 The determination of whether additional costs are reasonable shall be made jointly by the Purchasing Director (or designee) and the Program Director (or designee), with any disagreement resolved by the County Administrator or designee. Rejecting a CBE as being unqualified for participation only after diligently investigating the CBE's capabilities and documenting the sound reasons justifying such rejection (with such documentation to be provided to the Program Director). The County may take into account the response of other bidders in meeting the contract goal. For example, when the apparent successful bidder fails to meet the contract goal, but others meet it, it is proper to question whether, with additional reasonable efforts, the apparent successful bidder could have met the goal. If the apparent successful bidder fails to meet the goal, but meets or exceeds the average CBE participation obtained by other bidders, this may be viewed, in conjunction with other factors, as evidence of the apparent successful bidder having made a good faith effort. For additional guidance on what information or documentation is deemed acceptable for satisfying the good faith efforts requirements, please contact Office of Economic and Small Business Development at Domestic Partnership Act The Broward County Domestic Partnership Act (Section 16-1/2 157 of the Broward County Code of Ordinances, as amended) requires that, for projects where the initial contract term is more than $100,000, that at the time of RFP submittal, the vendor shall certify that the vendor currently complies or will comply with the requirements of the Domestic Partnership Act by providing benefits to Domestic Partners of its employees on the same basis as it provides benefits to employee s spouses. The Domestic Partnership Certification Form (Attachment F) should be completed, for all submittals over $100,000, and returned with the RFP Submittal Response at the time of the opening deadline, but no later than five (5) business days from request of the Purchasing agent. Failure to meet this requirement shall render your submittal non-responsive. 3. Joint Venture Enterprises Unchecked boxes do not apply to this solicitation Construction Licensing A Joint Venture is required to provide evidence with its response that the Joint Venture, or at least one of the Joint Venture partners, holds the specified Construction License issued either by the State of Florida or Broward County. If not with its response, the Joint Venture is required to provide evidence prior to contract execution that the Joint Venture holds the specified Construction License issued either by the State of Florida or Broward County. A Joint Venture is also required to provide with its response a Statement of Authority indicating that the individual submitting the Joint Venture s proposal has the legal authority to bind the Joint Venture. Failure to provide any of this information to the County at the required time may be cause for the response to the solicitation to be deemed non-responsive. Rev Page 22 of 52

24 Florida Registration A Joint Venture is required to provide evidence with its response that the Joint Venture, or at least one of the Joint Venture partners, holds a Certificate of Authority from the Florida Department of State, Division of Corporations to transact business in Florida. If not with its response, the Joint Venture is required to provide evidence prior to contract execution that the Joint Venture exists by providing the County with a copy of the Joint Venture Agreement. Failure to provide any of this information to the County at the required time may be cause for the response to the solicitation to be deemed non-responsive. 4. Lobbyist Registration - Certification A vendor who has retained a lobbyist(s) to lobby in connection with a competitive solicitation shall be deemed non-responsive unless the firm, in responding to the competitive solicitation, certifies, see Attachment G, that each lobbyist retained has timely filed the registration or amended registration required under Section 1-262, Broward County Code of Ordinances. If, after awarding a contract in connection with the solicitation, the County learns that the certification was erroneous, and upon investigation determines that the error was willful or intentional on the part of the vendor, the County may, on the basis, exercise any contractual right to terminate the contract for convenience. The Lobbyist Registration Certification Form (Attachment G) should be completed and returned at the time of the RFP opening deadline and included within the submittal document. If not included with the RFP submittal at the time of the RFP opening deadline, the Lobbyist Certification Form must be completed and returned prior to contract award at a date and time certain established by the County. Definition of Responsible Bidder Responsibility Criteria In accordance with Broward County Procurement Code Section 21.8.b.65, a Responsible Bidder or Offeror means an offeror who has the capability in all respects to perform the contract requirements, and the integrity and reliability which will assure good faith performance. The Evaluation Committee will recommend to the awarding authority a determination of a firm s responsibility. At any time prior to award, the awarding authority may find that an offeror is not responsible to receive a particular award. The following criteria shall be evaluated in making a determination of responsibility: Rev Page 23 of 52

25 1. Financial Information Although the review of a vendor's financial information is an issue of responsibility, the failure to either provide the financial documentation or correctly assert a confidentiality claim pursuant the Florida Public Records Law and the solicitation requirements as stated in the Evaluation Criteria and Public Record and Exemptions sections may result in a recommendation of non-responsive by the Director of Purchasing. 2. Litigation History Although the review of a vendor's litigation history is an issue of responsibility, the failure to provide litigation history as required in the Evaluation Criteria may result in a recommendation of non-responsive by the Director of Purchasing. 3. Employment Verification Program (E-Verify) Unchecked boxes do not apply to this solicitation. This service is funded by the State of Florida. Therefore, you are required to complete and return the attached Employment Eligibility Verification Program Contractor Certification (Attachment H). Additionally, the awarding authority may consider the following factors, without limitation: debarment or removal from the authorized vendors list or a final decree, declaration or order by a court or administrative hearing officer or tribunal of competent jurisdiction that the offeror has breached or failed to perform a contract, claims history of the offeror, performance history on a County contract(s), an unresolved concern, or any other cause under this code and Florida law for evaluating the responsibility of an offeror. Balance of Page Left Blank Intentionally Rev Page 24 of 52

26 Evaluation Criteria With regard to the Evaluation criteria, each firm has a continuing obligation to provide the County with any material changes to the information requested. The County reserves the right to obtain additional information from interested firms. Evaluation Criteria Project-Specific Criteria 1. Provide information to demonstrate that your firm has the depth of knowledge of the local cultural environment. 2. Provide documentation that your firm has a proven record of a Vendor relationship with the Broward-based not-for-profit cultural organizations and artists. 3. Provide documentation that your firm is able to obtain the not-for-profit rates when placing advertising on the behalf of the not-for-profit cultural organizations and artists receiving grants from the Broward County Cultural Division. 4. Provide documentation that your firm has the financial capacity to accept matching funds required by the program and pool funds to jointly purchase advertising, by paying in advance, collecting funds from the cultural entity and have the ability to wait to be reimbursed by the County after the services are rendered. 5. Provide documentation to demonstrate your firm has the ability to accept and process advertising requests through an online system, generate reports and share information through an online system. 6. Provide resumes of graphic designers, advertising experts, copy writers, financial management, clerical assistants of your proposed firm. Provide answers below. If you are submitting a response as a joint venture, you must respond to each question for each entity forming the joint venture. When an entire response cannot be entered, a summary, followed with a page number reference where a complete response can be found is acceptable. Rev Page 25 of 52

27 7. Demonstrate that your firm has expertise in creating an annual advertising plan for organizations with limited experience in the advertising field. 8. Provide documentation of experience of your firm in all areas of advertising including but not limited to print, radio, television, and online advertising. 9. Provide documentation of experience in financial management including collection of funds, bookkeeping and creation of monthly, quarterly and annual financial reports. 10. Explain how will you be able to provide the nonprofit rate from the media to the cultural organizations and artists when placing advertisements on their behalf? Evaluation Criteria Company Profile 1. Supply legal firm name, headquarters address, local office addresses, state of incorporation, and key firm contact names with their phone numbers and addresses. 2. Supply the interested firm s federal ID number and Dun and Bradstreet number. 3. Is the interested firm legally authorized, pursuant to the requirements of the Florida Statutes, to do business in the State of Florida? 4. All firms are required to provide Broward County the firm's financial statements at the time of submittal in order to demonstrate the firm's financial capabilities. Failure to provide this information at the time of submittal may result in a recommendation by the Director of Purchasing that the response is nonresponsive. Provide answers below. If you are submitting a response as a joint venture, you must respond to each question for each entity forming the joint venture. When an entire response cannot be entered, a summary, followed with a page number reference where a complete response can be found is acceptable. YES NO Rev Page 26 of 52

28 Each firm shall submit its most recent two (2) years of financial statements for review. The financial statements are not required to be audited financial statements. With respect to the number of years of financial statements required by this RFP, the firm must fully disclose the information for all years available; provided, however, that if the firm has been in business for less than the required number of years, then the firm must disclose for all years of the required period that the firm has been in business, including any partial year-to-date financial statements. The County may consider the unavailability of the most recent year s financial statements and whether the firm acted in good faith in disclosing the financial documents in its evaluation. Any claim of confidentiality on financial statements should be asserted at the time of submittal. (see below) *****ONLY IF claiming Confidentiality***** The financial statements should be submitted in a separate bound document labeled "Name of Firm, Attachment to Proposal Package, RFP# - Confidential Matter". The firm must identify the specific statute that authorizes the exemption from the Public Records Law. CD or DVD discs included in the submittal must also comply with this requirement and separate any materials claimed to be confidential. Failure to provide this information at the time of submittal and in the manner required above may result in a recommendation by the Director of Purchasing that the response is non-responsive. Furthermore, proposer s failure to provide the information as instructed may lead to the information becoming public. Please note that the financial statement exemption provided for in Section (1) c, Florida Statutes only applies to submittals in response to a solicitation for a "public works" project. Rev Page 27 of 52

29 Litigation History Requirement: 5. The County will consider a vendor's litigation history information in its review and determination of responsibility. All vendors are required to disclose to the County all "material" cases filed, pending, or resolved during the last three (3) years prior to the solicitation response due date, whether such cases were brought by or against the vendor, any parent or subsidiary of the vendor, or any predecessor organization. If the vendor is a joint venture, the information provided should encompass the joint venture (if it is not newlyformed for purposes of responding to the solicitation) and each of the entities forming the joint venture. For purpose of this disclosure requirement, a case includes lawsuits, administrative hearings and arbitrations. A case is considered to be "material" if it relates, in whole or in part, to any of the following: 1. A similar type of work that the vendor is seeking to perform for the County under the current solicitation; 2. An allegation of negligence, error or omissions, or malpractice against the vendor or any of its principals or agents who would be performing work under the current solicitation; 3. A vendor's default, termination, suspension, failure to perform, or improper performance in connection with any contract; 4. The financial condition of the vendor, including any bankruptcy petition (voluntary and involuntary) or receivership; or 5. A criminal proceeding or hearing concerning business-related offenses in which the vendor or its principals (including officers) were/are defendants. Notwithstanding the descriptions listed in paragraphs 1 5 above, a case is not considered to be "material" if the claims raised in the case involve only garnishment, auto negligence, personal injury, workers' compensation, foreclosure or a proof of claim filed by the vendor. Rev Page 28 of 52

30 For each material case, the vendor is required to provide all information identified, on the attached Litigation History form. (Attachment I) Failure to disclose any material case, or to provide all requested information in connection with each such case, may result in the vendor being deemed nonresponsive. Prior to making such determination, the vendor will have the ability to clarify the submittal and to explain why an undisclosed case is not material. 6. Has the interested firm, its principals, officers, or predecessor organization(s) been debarred or suspended from bidding by any government during the last three (3) years? If yes, provide details. 7. Has your company ever failed to complete any work awarded to you? If so, where and why? 8. Has your company ever been terminated from a contract? If so, where and why? Insurance Requirements: 9. Attached is a sample Certificate of Insurance Attachment J. It reflects the insurance requirements deemed necessary for this project. It is not necessary to have this level of insurance in effect at the time of submittal but it is necessary to submit certificates indicating that the firm currently carries the insurance or to submit a letter from the carrier indicating upgrade availability. YES YES YES NO NO NO Evaluation Criteria Legal Requirements Provide answers below. If you are submitting a response as a joint venture, you must respond to each question for each entity forming the joint venture. When an entire response cannot be entered, a summary, followed with a page number reference where a complete response can be found is acceptable. Rev Page 29 of 52

31 1. Standard Agreement Language: Identify any standard terms and conditions with which the interested firm cannot agree. The standard terms and conditions for the resulting contract can be located at: s/caf101.pdf. If you do not have computer access to the internet, call the Project Manager for this RFP to arrange for mailing, pick up, or facsimile transmission. 2. Cone of Silence: This County s ordinance prohibits certain communications among vendors, county staff, and Evaluation committee members. Identify any violations of this ordinance by any members of the responding firm or its joint venturers. The firm(s) submitting is expected to sign and notarize the Cone of Silence Certification (Attachment K). 3. Public Entity Crimes Statement: A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit an offer to perform work as a consultant or contract with a public entity, and may not transact business with Broward County for a period of 36 months from the date of being placed on the convicted vendor list. Submit a statement fully describing any violations of this statute by members of the interested firm or its joint venturers. 4. No Contingency Fees: By responding to this solicitation, each firm warrants that it has not and will not pay a contingency fee to any company or person, other than a bona fide employee working solely for the firm, to secure an agreement pursuant to this solicitation. For Breach or violation of this provision, County shall have the right to reject the firm s response or terminate any agreement awarded without liability at its discretion, YES (Agree) NO If no, you need to specifically identify the terms and conditions with which you are taking exception since they will be discussed with the Selection Committee. Please be aware that taking exceptions to the County s standard terms and conditions may be viewed unfavorably by the Selection Committee and ultimately impact the overall evaluation of your submittal. Rev Page 30 of 52

32 or to deduct from the agreement price or otherwise recover the full amount of such fee, commission, percentage, gift, or consideration. Submit an attesting statement warranting that the Responder has not and will not pay a contingency fee to any company or person, other than a bona fide employee working solely for the firm, to secure an agreement pursuant to this solicitation. 5. If this box is checked, then the provisions of the Broward County Living Wage Ordinance , as amended, ( Living Wage Ordinance ) will apply to this agreement. in accordance with the living wage ordinance, certain employers who do business with the county shall pay a living wage to its employees who work on service contracts providing covered services identified under the living wage ordinance. (Attachment L) 6. DRUG FREE WORKPLACE: 1. Do you have a drug free workplace policy? 2. If so, please provide a copy of your drug free workplace policy in your proposal. 3. Does your drug free workplace policy comply with Section of the Florida Statutes? 4. If your drug free workplace policy complies with Section of the Florida Statutes, please complete the Drug Free Workplace Policy Certification Form. (Attachment M) 5. If your drug free workplace policy does not comply with Section of the Florida Statutes, does it comply with the drug free workplace requirements pursuant to Section a.2 of the Broward County Procurement Code? 6. If so, please complete the attached Drug Free Workplace Policy Certification Form (Attachment M). 7. If your drug free workplace policy does not comply with Section a.2 of the Broward County Procurement Code, are you willing to comply with the requirements Section a.2 of the Broward County Procurement Code? 1. YES NO 3. YES NO 4. YES NO 5. YES NO 7. YES NO Rev Page 31 of 52

33 8. If so, please complete the attached Drug Free Workplace Policy Certification Form. (Attachment M) Failure to provide a notarized Certification Form in your proposal indicating your compliance or willingness to comply with Broward County's Drug Free Workplace requirements as stated in Section a.2 of the Broward County Procurement Code may result in your firm being ineligible to be awarded a contract pursuant to Broward County's Drug Free Workplace Ordinance and Procurement Code 7. Non-Collusion Statement: By responding to this solicitation, the vendor certifies that this offer is made independently and free from collusion. Vendor shall disclose on the attached Non-Collusion Statement Form (Attachment N) to their best knowledge, any Broward County officer or employee, or any relative of any such officer or employee as defined in Section (1) (c), Florida Statutes (1989), who is an officer or director of, or had a material interest in, the vendor s business, who is in a position to influence this procurement. Any Broward County officer or employee who has any input into the writing of specifications or requirements, solicitation of offers, decision to award, evaluation of offers, or any other activity pertinent to this procurement is presumed, for purposes hereof, a person has a material interest if they directly or indirectly own more than 5 percent of the total assets or capital stock of any business entity, or if they otherwise stand to personally gain if the contract is awarded to this vendor. Failure of a vendor to disclose any relationship described herein shall be reason for debarment in accordance with the provisions of the Broward County Procurement Code. 8. Scrutinized Companies List Certification: Any company, principals, or owners on the Scrutinized Companies with Activities in Sudan List or on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List is prohibited from submitting a bid, Rev Page 32 of 52

34 proposal or response to a Broward County solicitation for goods or services in an amount equal to or greater than $1 million. Therefore, if applicable, each company submitting a bid, proposal or response to a solicitation must certify to the County that it is not on either list at the time of submitting a bid, proposal or response. The certification form is referenced as Scrutinized Companies List Certification (Attachment O) and should be completed and submitted with your proposal but must be completed and submitted prior to award. Evaluation Criteria Tiebreaker Criteria LOCATION in BROWARD COUNTY 1. Is your firm located in Broward County? 2. Does your firm have a valid current Broward County Local Business Tax Receipt? 3. Has your firm (a) been in existence for at least six (6) months prior to the proposal opening (b) providing services on a day to day basis (c) at a business address physically located within the limits of Broward County (d) in an area zoned for such business and (e) the services provided from this location are substantial component of the services offered in the firm's proposal? If so, please provide the interested firm's business address in Broward County, telephone number(s), address, evidence of the Broward County Local Business Tax Receipt and complete the attached Local Vendor Certification Form. (Attachment P) Provide answers below. If you are submitting a response as a joint venture, you must respond to each question for each entity forming the joint venture. Furthermore, to receive credit for a tiebreaker criterion, each entity forming the joint venture must meet the tiebreaker criteria. When an entire response cannot be entered, a summary, followed with a page number reference where a complete response can be found is acceptable. 1. YES NO 2. YES NO 3. YES NO Rev Page 33 of 52

35 Failure to provide a valid Broward County Local Business Tax Receipt and the attached notarized Certification Form in your proposal shall prevent your firm from receiving credit under Broward County's tiebreaker criteria of Section d of the Broward County Procurement Code and, if applicable, shall prevent your firm from receiving any preference(s) allowed under Broward County's Local Preference Ordinance. DOMESTIC PARTNERSHIP ACT 1. Do you have a domestic partnership program? 2. If so, please provide a copy of your domestic partnership program in your proposal and complete Attachment F Domestic Partnership Certification Form. Failure to provide a notarized Certification Form indicating in your proposal shall prevent your firm from receiving credit for having such a program under Broward County's tiebreaker criteria of Section d of the Broward County Procurement Code. 3. Does your domestic partnership program provide benefits which are the same or substantially equivalent to those benefits offered to other employees in compliance with the Broward County Domestic Partnership Act of 2011, Broward County Ordinance # , as amended? 1. YES NO 2. YES NO 3. YES NO Failure to provide a notarized Certification Form in your proposal indicating that the company provides domestic partnership benefits which are the same or substantially equivalent to the requirements of the Broward County Domestic Partnership Act of 2011, Broward County Ordinance # , as amended, shall prevent your firm from receiving any preference(s) allowed under the Act if applicable to this solicitation. Rev Page 34 of 52

36 VOLUME OF WORK OVER FIVE YEARS Vendor that has the lowest dollar volume of work previously awarded by the County over a five (5) year period from the date of the submittal will receive the tie breaker preference. The work shall include any amount awarded to any parent or subsidiary of the vendor, any predecessor organization and any company acquired by the vendor over the past five (5) years. If the vendor is a joint venture, the information provided should encompass the joint venture and each of the entities forming the joint venture. If applicable complete Attachment Q. (Report only amounts awarded as Prime Vendor) To be considered for the Tie Break preference, this completed Attachment Q must be included with the RFP Submittal Response at the time of the opening deadline. $ Balance of Page Left Blank Intentionally Rev Page 35 of 52

37 Required Forms to be Returned (Forms that follow this Title Page that need to be returned, i.e. Attachments C, D, E, etc.) Balance of Page Left Blank Intentionally Rev Page 36 of 52

38 Attachment B - Letter of Intent CBE (RESPONSIVE CRITERIA FORM) To Utilize a County Business Enterprise (CBE) Subcontractor/Subconsultant From (Name of Proposer/Bidder): Firm Address: Project Description: In response to Broward County s RFP/Bid No., the undersigned hereby agree to utilize the CBE firm listed below, if awarded the contract. The undersigned further certify that the firm has been contacted and properly apprised of the projected work assignment(s) upon execution of the contract with Broward County. Name of CBE Firm: Address of CBE Firm: Expiration of CBE Certification: Projected CBE Work Assignment (description of work assignment): Projected Percentage of Prime s Contract Fees to be Awarded to CBE: (Dollar Amt or Percentage %) (Signature of Owner or Authorized Rep. Prime) (Date) Print Name (owner or authorized Rep. Prime): Subscribed and sworn to before me this day of 200. Notary s Signature Notary Seal: (Acknowledgement by the Proposed CBE Firm) The undersigned intends to perform work in connection with the above Contract as (check one) an individual a partnership a corporation a joint venture. The undersigned agrees with the prime contractor s/consultant s proposal and further certifies that all information provided herein is true and correct. (Signature of Owner or Authorized Rep. CBE) (Date) Print Name (owner or authorized Rep. CBE): Subscribed and sworn to before me this day of 200. Notary s Signature Notary Seal: Rev Page 37 of 52

39 Attachment C - Schedule of (CBE) Participation (RESPONSIVE CRITERIA FORM) (Submit this form with an executed Letter of Intent from each CBE firm listed in this form) Bid/RLI/RFP #: Project Location: Date Form Submitted: Project Name: Project Start Date: Prime Contractor: Address: Contact Person: Telephone #: Fax #: CBE Subcontractor CBE Expiration date Address Phone Type of Work to be Performed Sub-contract Amount (Agreed Price ($) or Percentage (%) Total CBE Participation Total Contract Amount CBE Subcontractor Participation Percentage (Total amount allocated to CBEs divided by Total Contract Amount) The listing of a CBE shall constitute a representation by the bidder/responder to Broward County that such CBE has been contacted and properly apprised of the upcoming County project. Bidders/Responders are advised that the information contained herein is subject to verification by the Small Business Development Division and that submission of said information is an assertion of its accuracy, per the requirements of the Small Business Development Program. % I certify that the above information is true to the best of my knowledge: Signature: Title: Date: This document must be provided with the submittal and signed by the person signing the submittalsbdd Compliance Form 2009-SOP Rev Page 38 of 52

40 Attachment D - CBE Unavailability Report (RESPONSIVE CRITERIA FORM) RFP/BID NO. (NAME OF PRIME CONTRACTOR) (ADDRESS) (TELEPHONE NO.) The undersigned representative of the Prime Contractor personally appeared before the undersigned officer authorized to administer oaths who after being duly sworn states that the undersigned has contacted the CBEs listed below and that said CBEs are unavailable to perform or submit a bid which was not the low acceptable bid set forth and that the following information regarding CBE subcontractors is true and correct to the best of his/her knowledge: 1. The following CBE contractors were invited to bid subcontract work, but were not available to work. (Attach list if necessary.) Name 2. The following CBE contractors were invited to bid subcontract work, but did not respond to the invitation. (Attach list if necessary.) Name 3. The following CBE contractors submitted bids which were not the low acceptable bids. (Attach list if necessary.) Name If you did not get any responses to your solicitation of CBE contractors, please detail your efforts to recruit eligible firms, i.e., advertising, personal calls, mailing lists, etc. Information provided will be verified. Attach all supporting documents such as newspaper ads, phone lists, mailing lists, etc. Signature: Title: Date: Rev Page 39 of 52

41 Attachment E - Vendor s List (Non-Certified Subcontractors and Suppliers Information) THIS FORM SHOULD BE SUBMITTED WITH THE RFP; HOWEVER, IT MUST BE SUBMITTED WITHIN 5 CALENDAR DAYS OF COUNTY S REQUEST. Provide this information for any sub vendor(s) who will provide a service to the County for this solicitation. This includes major suppliers as well. 1. Firm s Name: 2. Firm s Address: 3. Firm s Telephone Number: Firm s Address: 4. Contact Name and Position: 5. Alternate Contact Name and Position: 6. Alternate Contact Telephone Number: Address: 7. Bid/Proposal Number: Contracted Amount: 8. Type of Work/Supplies Bid: Award Date: 1. Firm s Name: 2. Firm s Address: 3. Firm s Telephone Number: Firm s Address: 4. Contact Name and Position: 5. Alternate Contact Name and Position: 6. Alternate Contact Telephone Number: Address: 7. Bid/Proposal Number: Contracted Amount: 8. Type of Work/Supplies Bid: Award Date: I certify that the information submitted in this report is in fact true and correct to the best of my knowledge Signature Title Date Note: the information provided herein is subject to verification by the Purchasing Division. Use additional sheets for more subcontractors or suppliers as necessary. Rev Page 40 of 52

42 Attachment F - Domestic Partnership Certification (RESPONSIVE CRITERIA FORM) The Vendor, by virtue of the signature below, certifies that it is aware of the requirements of Broward County s Domestic Partnership Act, (Section 16-1/2-157 of the Broward County Code of Ordinances, as amended); and certifies the following: (Please check only one below). 1. The Vendor currently complies with the requirements of the County s Domestic Partnership Act and provides benefits to Domestic Partners of its employees on the same basis as it provides benefits to employees spouses 2. The Vendor will comply with the requirements of the County s Domestic Partnership Act at time of contract award and provide benefits to Domestic Partners of its employees on the same basis as it provides benefits to employees spouses 3. The Vendor will not comply with the requirements of the County s Domestic Partnership Act at time of award 4. The Vendor does not need to comply with the requirements of the County s Domestic Partnership Act at time of award because the following exemption(s) applies: (Please check only one below). The Vendor s price bid for the initial contract term is $100,000 or less. The Vendor employs less than five (5) employees. The Vendor is a governmental entity, not-for-profit corporation, or charitable organization. The Vendor is a religious organization, association, society, or non-profit charitable or educational institution. The Vendor does not provide benefits to employees spouses. The Vendor provides an employee the cash equivalent of benefits. (Attach an affidavit in compliance with the Act stating the efforts taken to provide such benefits and the amount of the cash equivalent.) The Vendor cannot comply with the provisions of the Domestic Partnership Act because it would violate the laws, rules or regulations of federal or state law or would violate or be inconsistent with the terms or conditions of a grant or contract with the United States or State of Florida. Indicate the law, statute or regulation. (State the law, statute or regulation and attach explanation of its applicability.) I,, of (Name) (Title) (Vendor) hereby attests that I have the authority to sign this notarized certification and certify that the above-referenced information is true, complete and correct. Signature Print Name SWORN TO AND SUBSCRIBED BEFORE ME this day of, 20 STATE OF COUNTY OF My commission expires: (SEAL) Notary Public (Print, type or stamp commissioned name of Notary Public) Personally Known or Produced Identification Type of Identification Produced: Rev Page 41 of 52

43 Attachment G - Lobbyist Registration Certification This Lobbyist Registration Certification Form should be completed and returned at the time of the RFP opening deadline and included within the submittal document. If not included with the RFP submittal at the time of the RFP opening deadline, the Lobbyist Certification Form must be completed and returned prior to contract award at a date and time certain established by the County. The Vendor, by virtue of the signature below, certifies that: a. It understands if it has retained a lobbyist(s) to lobby in connection with a competitive solicitation, it shall be deemed non-responsive unless the firm, in responding to the competitive solicitation, certifies that each lobbyist retained has timely filed the registration or amended registration required under Section 1-262, Broward County Code of Ordinances; and b. It understands that if, after awarding a contract in connection with the solicitation, the County learns that the certification was erroneous, and upon investigation determines that the error was willful or intentional on the part of the vendor, the County may, on that basis, exercise any contractual right to terminate the contract for convenience. Based upon these understandings, the vendor further certifies that: (Check One) 1. It has not retained a lobbyist(s) to lobby in connection with this competitive solicitation. 2. It has retained a lobbyist(s) to lobby in connection with this competitive solicitation and certified that each lobbyist retained has timely filed the registration or amended registration required under Section 1-262, Broward County Code of Ordinances. (Vendor Signature) STATE OF (Print Vendor Name) COUNTY OF The foregoing instrument was acknowledged before me this day of, 20, by as of (Name of person who's signature is being notarized) (Title) known to me to be the person described herein, or who produced (Name of Corporation/Company) as identification, and who did/did not take an oath. (Type of Identification) NOTARY PUBLIC: (Signature) (Print Name) Rev Page 42 of 52 My commission expires:

44 Attachment H - Employment Eligibility Verification Program Contractor Certification On January 4, 2011, Governor Scott issued Executive Order which requires Broward County as a party to any State funded contracts to participate in the Employment Eligibility Verification Program ( E-Verify Program ) administered by the U.S. Department of Homeland Security ( DHS ). The E-Verify Program can be found at 110VgnVCM aRCRD&vgnextchannel=75bce2e VgnVCM aRCRD The County has entered into a Memorandum of Understanding with DHS governing the E-Verify Program. As a result of the adopting the terms and conditions of the Memorandum of Understanding with DHS and Execute Order 11-02, any Contractor performing work pursuant to the State funded contract issued by the County is required to use the E-Verify Program to confirm employment eligibility of its current and prospective employees. The undersigned contractor hereby certifies that it will enroll and participate in the E-Verify Program, in accordance with the terms and conditions governing the use of the program by: (1) Verifying the employment eligibility of all persons employed during the contract term by the contractor to perform the work under this contract. (2) Enrolling in the E-Verify Program within thirty (30) days of the effective date of this contract by obtaining a copy of the Edit Company Profile page and make such record available to Broward County within seven days of request from the County. (3) Requiring all persons, including subcontractors, assigned by the Contractor to perform work under this contract to enroll and participate in the E-Verify Program within ninety (90) days of the effective date of this contract or within ninety (90) days of the effective date of the contract between the Contractor and the subcontractor, whichever is later. The Contractor shall obtain from the subcontractor a copy of the Edit Company Profile screen indicating enrollment in the E-Verify Program and make such record available to the County within seven calendar days from the County s request. (4) Displaying the notices supplied by DHS in a prominent place that is clearly visible to prospective employees and all employees who are to be verified through the system. (5) Initiate E-Verify verification procedures for new employees within 3 business days after the actual work start date of each new hire and thereafter shall respond appropriately to any additional requests from DHS or Social Security Administration (SSA). (6) Maintain records of its participation and compliance with the provisions of the E-Verify Program and make such records available to the County within seven days of County s request. (Contractor s Signature) STATE OF (Print Vendor Name) COUNTY OF The foregoing instrument was acknowledged before me this day of, 20, by (Name of person who's signature is being notarized) as of (Title) (Name of Corporation/Company), known to me to be the person described herein, or who produced (Type of Identification) as identification, and who did/did not take an oath. NOTARY PUBLIC: (Signature) My commission expires: Rev Page 43 of 52

45 Attachment I - Litigation History RFP#: MATERIAL CASE SYNOPSIS Vendor : Vendor s Parent Company: Vendor s Subsidiary Company: Vendor s Predecessor Organization: Party Plaintiff Defendant Case Name Case Number Date Filed Name of Court or other tribunal Type of Case Claim or Cause of Action and Brief description of each Count Brief description of the Subject Matter and Project Involved Civil Criminal Administrative/Regulatory Bankruptcy Disposition of Case Pending Settled Dismissed (Attach copy of any applicable Judgment, Settlement Agreement and Satisfaction of Judgment.) Opposing Counsel Judgment Vendor s Favor Judgment Against Vendor If Judgment Against, is Judgment Satisfied? Yes Name: Phone number: No NAME OF COMPANY: Rev Page 44 of 52

46 Rev Page 45 of 52 Attachment J - Insurance Requirements

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