Insurance_Brokerage_and_Risk_Management_Services_(Addendum_#1_Revision).pdf

CITY OF DORAL

REQUEST FOR PROPOSALS (RFP) No. 2026-17

Insurance Brokerage and Risk Management Services

NOTICE IS HEREBY GIVEN that the City of Doral is soliciting Request for Proposals from qualified contractors to submit their solicitation response for Insurance Brokerage and Risk Management

Services

Solicitation documents, addenda, and notices for this Solicitation can be viewed and downloaded through OpenGov Interested parties must register with OpenGov to receive automatic notifications of addenda or notices related to this Solicitation.

Electronic responses will only be received online via OpenGov.

Issuance/Advertisement Date April 29, 2026

Pre-Proposal Meeting (Mandatory) May 12, 2026, 10:00am

Microsoft Teams meeting

Join:

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01839310?p=mRgP3wkjpvSF8PxH4G

Meeting ID:

245 716 301 839 310

Passcode:

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Site Visit N/A

Cut-off Date for Written Questions May 21, 2026, 3:00pm https://procurement.opengov.com/portal/cityofdoral https://procurement.opengov.com/portal/cityofdoral https://procurement.opengov.com/portal/cityofdoral https://teams.microsoft.com/meet/245716301839310?p=mRgP3wkjpvSF8PxH4G https://teams.microsoft.com/meet/245716301839310?p=mRgP3wkjpvSF8PxH4G

Deadline for RFP Submittals &

Date of Opening

May 29, 2026, 2:00pm

Microsoft Teams meeting

Join:

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231 618 450 594 206

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Anticipated Public Evaluation

Committee Meeting Phase I (Non-

Mandatory)

June 16, 2026, 10:00am

City of Doral Government Center 8401 Northwest 53rd Terrace

Meeting confirmation will be provided via a separate announcement.

Anticipated Evaluation Committee

Meeting - Interviews - Phase II

(Closed to the Public) (Optional)

Meeting location, date, and time will be announced at a later date.

Anticipated Evaluation Committee

Meeting – Final Ranking – Phase II

(Optional)

Meeting location, date, and time will be announced at a later date.

Attendance at the scheduled pre-bid meeting is HIGHLY encouraged. Attendees will be able to receive important information which will be discussed as it relates to this RFP procurement process.

This RFP procurement process is subject to the “Cone of Silence” as more particularly described in the solicitation. Accordingly, all questions regarding this RFP must be made in writing using the

OpenGov platform.

Connie Diaz, MMC

City Clerk, City of Doral https://teams.microsoft.com/meet/231618450594206?p=vmpWl2bRWFEna1VRLI https://teams.microsoft.com/meet/231618450594206?p=vmpWl2bRWFEna1VRLI https://procurement.opengov.com/portal/cityofdoral

CITY OF DORAL

Request for Proposals

Insurance Brokerage and Risk

Management Services

Submission Due Date: Friday, May 29, 2026, at 2:00 pm

RFP No. 2026-17

Procurement and Asset Management Director:

ROMAN MARTINEZ, MPA, CPPO, CPPB

City of Doral

Insurance Brokerage and Risk Management Services

2026-17

Table Of Contents

1. GENERAL INFORMATION

1.1. Definitions

1.2. Notice to Proposers and Project Information

2. SOLICITATION TERMS AND CONDITIONS

2.1. Terms and Conditions

3. SCOPE OF WORK

3.1. Scope of Work

3.2. Minimum Requirements/Qualifications

3.3. References and Past Performance

4. Current Coverages and Exposures

4.1. Current Coverage & Exposure Information

5. EVALUATION CRITERIA AND METHODOLOGY

5.1. Evaluation Process Overview

5.2. Scoring Criteria & Weights

5.3. Oral Presentations/Interviews (if applicable)

6. MINIMUM INSURANCE REQUIREMENTS

6.1. Minimum Insurance Requirements

7. RESPONSE REQUIREMENTS

7.1. Required Forms & Certifications

7.2. Financial Stability Documentation

8. VENDOR RESPONSE

8.1. Vendor Questionnaire

8.2. Technical Response Requirements

8.3. Staffing & Qualifications

Attachments:

Insurance Brokerage and

A - Exhibit A - Current Insurance Coverage Premiums, Exposures & Rates

1. GENERAL INFORMATION

1.1. Definitions

• “Authorized Representative” means the department contact for interaction regarding contract administration.

• “City” means the City of Doral, a duly organized municipality under the laws of the State of Florida. This term may also refer to one (1) of the various departments or offices of the City of Doral, as the context indicates.

• “Contract” means the contractual agreement ultimately entered into by the City and the Successful

Respondent(s) in accordance with the terms and conditions of this Solicitation and applicable laws.

• “Department(s)” means the City department(s) and/or offices for which this Solicitation is prepared, which will be the end user(s) of the services sought.

• “Procurement” means the department responsible for handling procurement-related matters within the

City.

• “Respondent(s)” means any person, individual, group, or entity submitting a response to this

Solicitation. The terms “Proposer,” "Firm," “Bidder,” "Consultant," and "Contractor" are each interchangeable with “Respondent,” and with each other, and will be used as appropriate in the given context.

• “Response(s)” means the written, sealed document submitted by the Respondent(s) according to the instructions set forth in this Solicitation. A response to this Solicitation will not include any verbal interactions with the City apart from submission of a formal written submittal. The terms “Proposal,”

"Submittal," and “Bid” are each interchangeable with “Response,” and with each other, and will be used as appropriate in the given context.

• “Solicitation” means this formal request for proposals in response to the scope and specifications set forth herein from responsible and responsive Respondents. The terms “Invitation to Bid,”, “Request for

Qualifications,” “Request for Proposals,”, and the like are each interchangeable with “Solicitation,” and with each other, and will be used as appropriate in the given context.

• “Successful Respondent(s)” means the Respondent(s) whose response to this Solicitation is deemed by the City to be in the City’s best interest and is awarded a contract in accordance with the terms and conditions of this Solicitation. The terms “Successful Proposer,” “Successful Bidder,” “Consultant,”

"Firm," “Service Provider,” or “Contractor” are each interchangeable with “Successful Respondent,” and with each other, and will be used as appropriate in the given context.

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• “Work” means the actual tasks (i.e., goods and/or services to be provided) contemplated by this

Solicitation and required in accordance with the terms and conditions of the awarded contract. The terms "Scope of Work," "Project," "Scope of Services," and "Services" are interchangeable with "Work," and with each other, and will be used as appropriate in the given context.

1.2. Notice to Proposers and Project Information

1.2.1. Notice to Respondents

The City of Doral (“City”) hereby gives notice of its intent to solicit proposals from interested and qualified insurance brokerage firms in response to this Request for Proposals (RFP) No. 2026-17 Insurance Brokerage and Risk Management Services. Responses must be received before the deadline date and time specified in the Procurement Schedule. Late submittals will not be accepted or considered.

It is the City’s intention to:

A. Solicit responses from interested and qualified Respondents;

B. Evaluate the Responses;

C. Conduct Interviews/Oral Presentations (if necessary);

D. Verify the information presented; and

E. Negotiate and award a contract to a Successful Respondent.

Through the RFP process described herein, qualified insurance brokerage firms interested in providing the

Services to the City must prepare and submit a Proposal packet in accordance with the instructions and

Procurement Schedule outlined this RFP. The Proposer shall bear all costs associated with the preparation and submission of their Proposal. The City will not be responsible for any expenses incurred by Proposers for the preparation of a Proposal related to this Solicitation, or for any negotiations related to the potential award of contract.

The City reserves the right to request any additional materials necessary to assist in the selection process. The

City also reserves the right to request clarification on information submitted from a Proposer after the deadline for receipt of Submittals. Questions from potential and/or actual Respondents regarding this RFP shall be directed in writing using the OpenGov platform. Answers to Questions will be posted in writing using the

OpenGov platform.

The City reserves the right to accept any Proposal deemed to be in the best interest of the City or to waive any informality in any Submittal. Additionally, the City may reject any or all Submittals and re-advertise this

Solicitation.

1.2.2. Project Overview

The City continues to advance a bold and forward-looking vision through the implementation of strategic initiatives designed to elevate service delivery, strengthen infrastructure, and enhance quality of life for its residents, businesses, and visitors. As part of this commitment, the City has recently undertaken several transformative capital improvement projects that reflect both its operational maturity and long-term planning excellence.

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Among these initiatives is the successful completion of the conceptual design of a new, state-of-the-art Public

Safety Complex, which will serve as a modern hub for emergency response and Police Department operations.

In addition, the City has acquired approximately 9.48 acres of vacant land to support the development of a non-ad valorem revenue-generating, affordable housing project, to be delivered through an innovative public-private partnership model. Further demonstrating its investment in infrastructure and community accessibility, the City is also advancing the construction of a new municipal parking garage at Doral Central Park, one (1) of its premier recreational destinations.

These projects, along with other ongoing and planned capital and infrastructure improvements, represent a significant expansion of the City’s asset portfolio and risk profile. As such, the City seeks to engage a highly qualified and experienced insurance brokerage firm with expertise in municipal risk management that is capable of delivering not only expert insurance brokerage services, but also comprehensive, proactive risk management solutions that align with the City’s evolving needs and strategic initiatives.

Through this RFP, the City invites submissions from qualified and interested insurance brokerage firms with demonstrated expertise in municipal operations, complex capital projects, and public-sector risk management.

The selected firm will serve, not only as the City's Insurance Broker-Agent of Record, but also as it's strategic partner, providing innovative guidance, market insight, and tailored risk mitigation strategies to protect the City’s assets, workforce, and financial resiliency while supporting the successful execution of its strategic initiatives and continued growth.

Coverages to be included are Property, General Liability, Law Enforcement Liability, Automobile Liability and

Physical Damage, Public Officials Liability, Crime Coverage, Workers Compensation, and Cyber Liability.

Additional coverages should include Statutory Accidental Death & Dismemberment for Police (with and without all remaining employees) and Liability, Protection and Indemnity, Flood and Wind-driven Rain. The City reserves the right to add or remove insurance policies from the scope of services if deemed in the City’s best interest.

Services include, but are not limited to, strategic assistance and support of a City-wide comprehensive risk management and loss control program, claims administration, and appropriate legal representation and consultation related to the provided coverages.

Insurance funds, captive insurers, other types of providers, or insurance carriers with a rating of “A” or above by

A.M. Best are preferred.

1.2.3. No Market Contact

During the RFP process, Respondents and their intermediaries are strictly prohibited from contacting any insurance carriers regarding this solicitation on behalf of the City. Any such contact made without prior written authorization from the City’s Human Resources Department may result in disqualification of the proposal and may lead to suspension or exclusion from further participation in the City's RFP process.

1.2.4. Procurement Schedule

The City reserves the right to delay or modify scheduled dates and times in this Solicitation via written addendum issued by the City. After the deadline for Submittals, any remaining dates and times are estimates and may be adjusted by the City, at its discretion.

Insurance Brokerage and

Issuance/Advertisement Date: April 29, 2026

Pre-Proposal Meeting (Mandatory): May 12, 2026, 10:00am

Microsoft Teams meeting

Join:

https://teams.microsoft.com/meet/24571630

1839310?p=mRgP3wkjpvSF8PxH4G

245 716 301 839 310

Passcode:

oH29MF3A

Site Visit: N/A

Cut-off Date for Written Questions: May 21, 2026, 3:00pm

Deadline for RFP Submittals & Date of

Opening:

May 29, 2026, 2:00pm

Microsoft Teams meeting

Join:

https://teams.microsoft.com/meet/23161845

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231 618 450 594 206

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Anticipated Public Evaluation Committee

Meeting Phase I (Non-Mandatory):

June 16, 2026, 10:00am

City of Doral Government Center 8401 Northwest 53rd Terrace

Meeting confirmation will be provided via a separate announcement.

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Insurance Brokerage and

Anticipated Evaluation Committee Meeting -

Interviews - Phase II (Closed to the Public)

(Optional):

Meeting location, date, and time will be announced at a later date.

Anticipated Evaluation Committee Meeting

– Final Ranking – Phase II (Optional):

Meeting location, date, and time will be announced at a later date.

1.2.5. Pre-Proposal Conference

Conference Type: Mandatory

A Mandatory Pre-Proposal Conference will be held on the date and time specified in the Procurement Schedule.

During this meeting, the requirements of this Solicitation will be reviewed and discussed. Prospective

Respondents must attend. Those who do not attend will be ineligible to submit a Response. Any Response submitted by a non-attendee will not be considered.

Any changes to this Solicitation discussed during the conference are not binding unless included in a written addendum issued by the City.

Any substantive questions regarding the Solicitation must be submitted in writing using the OpenGov platform, on or before the deadline to submit questions.

Respondents are responsible for reviewing all information related to this Solicitation, including information presented at the Pre-Proposal Conference. By submitting a Proposal, the Proposer certifies that it is sufficiently familiar with the Scope of Services, facilities, work requirements, and all conditions that may affect contract performance.

1.2.6. Method and Deadline for Response Submittal

Responses must be submitted electronically through OpenGov by the deadline date and time stated herein. The responsibility for submitting a Response before the stated time and date is solely and strictly that of the

Respondent. The City is not responsible for any delayed, lost, late, misdelivered, or non-delivered Responses, no matter the cause. Any Responses received after the due date and time specified will not be considered.

Solicitation documents, addenda, and notices for this Solicitation can be viewed and downloaded through

OpenGov. Interested parties must register with OpenGov to receive automatic notifications of addenda or notices related to this Solicitation. By submitting a Proposal, the Proposer certifies it has fully read and understood the

Solicitation terms and conditions and has full knowledge of the scope of services, and nature and quality of work to be performed.

The City reserves the right to accept any Response deemed in its best interest, to waive minor irregularities, omissions, deviations, or technicalities, and to reject any or all Responses and re-advertise, as permitted by

Florida Statutes, the City Charter, and the City Code. Minor issues may be corrected at the City’s discretion;

however, material deficiencies, missing mandatory information, or failure to meet basic requirements may result in disqualification. The City reserves the right to request that the Proposers(s) modify a Submittal to more fully meet the needs of the City.

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Insurance Brokerage and

1.2.7. Term of Contract

The contract term will be three (3) years, with one (1) additional two (2) year renewal option, for a total possible term of five (5) years.

The City and the Awarded Respondent shall execute a Contract within ten (10) days after Notification of Award based upon the requirements set forth in the RFP through action taken by the City Council at a fully authorized meeting. If the Respondent awarded the Contract fails to enter into a Contract as herein provided, the award may be declared null and void, and the Contract may be awarded to the next most responsible and responsive

Respondent, or re‐advertised, as determined by the City.

Continuation or extension of the Contract beyond the initial period, and any option subsequently exercised, is a

City prerogative when such continuation is clearly in the best interest of the City, and not a right of the Awarded

Respondent(s).

2. SOLICITATION TERMS AND CONDITIONS

2.1. Terms and Conditions

2.1.1. Anti-Trust/Non-Exclusivity

At such times as may serve its best interest, the City reserves the right to advertise for, receive, and award additional Contracts for the goods and/or services specified in this Solicitation, and to make use of other contracts for the purchase of these goods and/or services as may be available.

In case of a default by the Successful Respondent or failure of Successful Respondent to provide the goods and/or services indicated in the Contract, the City may procure the applicable goods and/or services from other sources and hold the Successful Respondent responsible for any excess costs incurred thereby, including, without limitation and as applicable, by retaining any amounts held by the City.

2.1.2. Assignment or Transfer

The Successful Respondent will not assign, transfer, convey, sublet or otherwise dispose of its interest in the

Solicitation or the subsequent Contract, including any or all of its right, title or interest therein, or its power to execute such Contract to any person, company or corporation without the prior written consent of the City at its sole and absolute discretion.

Further, if the majority ownership or control of the Successful Respondent changes subsequent to the award of this Solicitation or Contract, the Successful Respondent will promptly notify the City in writing of such change at least thirty (30) days prior to such change, and the City will have the right to terminate the Contract, at its sole discretion.

2.1.3. Attorney Fees

In connection with any litigation, mediation, or arbitration arising out of this Contract, each party will be responsible for their its own attorney fees through and including appellate litigation and any post-judgment proceedings.

2.1.4. Audit Rights and Records Retention

The Successful Respondent agrees to provide access to the City, or any of their duly Authorized

Representatives, to any books, documents, papers, and records of the Successful Respondent which are directly pertinent to the Contract, for the purposes of audit, examination, excerpts, and transcriptions. The Successful

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Respondent will maintain and retain any and all of the aforementioned records for a minimum of three (3) years after the expiration and/or termination of the Contract.

2.1.5. Basis of Award

The City intends to award a Contract to the most qualified Respondent whose Proposal is responsive and whose firm is determined to be responsible, offering the best combination of qualifications, experience, and value, as outlined in this RFP and the evaluation criteria, and in the best interest of the City as determined at the City’s sole discretion.

2.1.6. Brand Names

Unless otherwise provided in this Solicitation, if a brand name, make, manufacturer trade name, or vendor catalog is mentioned, whether followed by the words "approved equal" or otherwise, it is the intent of the City that such name is included for the purpose of establishing a grade or quality of material only. Respondent may offer alternatives of equal quality and appropriateness for the City’s needs with appropriate identification, samples, and/or specifications. The City will be the sole judge concerning the merits of items as equals.

2.1.7. Capital and Other Expenditures

Successful Respondent understands that any capital expenditures that the Successful Respondent makes, or prepares to make, in order to provide the goods or perform the services required by the City under the Contract are a business risk which the Successful Respondent must assume. The City will not be obligated to reimburse amortized or unamortized capital expenditures or any other expenses unless otherwise explicitly agreed to by the City in writing and as part of the Contract.

2.1.8. City Property

Unless explicitly provided otherwise in this Solicitation, property owned by the City which may be furnished for repair, modification, study, etc., will remain the property of the City.

The Successful Respondent will be liable for all damages to City-owned property occurring while in the

Successful Respondent’s possession. Damages occurring to such property while en route to the City will be the responsibility of the Successful Respondent.

In the event that such property is destroyed or declared a total loss, the Successful Respondent will be responsible for the replacement value of the property at the current market value, less depreciation, plus any other damages incurred by the City as a result of such loss.

Where a Successful Respondent is required to enter onto City real property to deliver materials or to perform work or services in connection with a Contract, the Successful Respondent will assume the full duty, obligation, and expense of obtaining all necessary licenses, permits, inspections, and insurance required.

The Successful Respondent will be liable for any damages or loss to the City occasioned by negligence of the

Successful Respondent (or its agents, representatives, or invitees).

2.1.9. City Rights as Sovereign

Notwithstanding any language contained in this Solicitation or subsequent Contract, the Successful Respondent understands that the City retains all of its sovereign prerogatives and rights as a municipality under applicable laws, including, but not limited to, any regulatory authority and approvals.

Insurance Brokerage and

Neither the issuance of this Solicitation nor any subsequent Contract will constitute a waiver of the City’s rights as sovereign.

In no event will the City have any obligations or liabilities to the Successful Respondent under the Contract or otherwise on account of the City’s exercise of its sovereign prerogatives and rights and regulatory authority

(quasi-judicial or otherwise) as a municipal government.

2.1.10. Clarifications and Addenda

Questions regarding this Solicitation will be directed in writing through the OpenGov platform. Answers will be issued simultaneously to all registered Respondents through the same. If it becomes evident that this Solicitation must be amended, the City will issue a formal written addendum to all registered Respondent(s) through the

OpenGov platform.

No person is authorized to give oral interpretations of, or make oral changes to, the Solicitation. The issuance of a written addendum by the City will be the only official method by which such a clarification is made. Only questions answered by written addenda will be binding.

Addenda – The Procurement Department may publish Addenda, which change, add to, or clarify the terms, provisions, or requirements of the Solicitation. The Respondent must not rely on any representation, statement, or explanation, whether written or verbal, regardless of the source, other than those made in this Solicitation document or in any addenda issued by the City. Where there appears to be a conflict within the Solicitation and any changes, the last information published will prevail.

It is the Respondents’ responsibility to ensure they have reviewed all information, including answers to questions, and considered all information in preparation of their Response to the Solicitation. Failure to acknowledge review of all information may cause their Submittal Package to be deemed non-responsive and not be considered for award.

2.1.11. Collusion

Where two (2) or more related parties, as defined herein, each submit a Response to this Solicitation, such

Responses will be presumed to be collusive. The foregoing presumption may be rebutted by the presentation of evidence as to the extent of ownership, control, and management of such related parties in preparation and submission under such Solicitation. Related parties will mean employees, officers, or the principals thereof who have a direct or indirect ownership interest in another firm, or in which a parent company or the principals thereof of one (1) Respondent have a direct or indirect ownership interest in another Respondent, for the same Project.

Responses found to be collusive, or related as provided above, will be rejected. The City reserves the right to disqualify any Respondent during any phase of the Solicitation process and terminate for cause any resulting contract upon evidence of collusion with intent to defraud or other illegal practices on the part of the Respondent or Contractor.

2.1.12. Confidentiality

As a political subdivision, the City is subject to the Florida Sunshine Act and Public Records Law (Florida Statute

Chapter 119). If the Contract contains a confidentiality provision, it will not apply when disclosure is required by

Florida law or upon court order.

2.1.13. Conflicts and Order of Precedence

This Solicitation and Contract will be read together to avoid any conflicts. However, in the event of a conflict or inconsistency between this Solicitation or any exhibit attached hereto, any document referred to herein, or any

Insurance Brokerage and document incorporated into this Solicitation and Contract by reference, and a term, statement, requirement, the

Response by Successful Respondent, specifications and plans prepared by the Successful Respondent, if applicable, or provision of the Contract the following order of precedence will apply:

In the event of any conflicts between the Contract and Solicitation, the Contract, as may be amended, will govern.

Where there appears to be a conflict between the General Terms and Conditions, Special Terms and Conditions, the Technical Specifications, or any addenda issued, the order of precedence will be the last addendum issued, the Technical Specifications, the Special Terms and Conditions, and then the General Terms and Conditions.

In the event of conflicts within the Contract, as amended, the priorities stated below will govern, as applicable:

• Scope of Work and Specifications will govern the Response, including, without limitation, any plans and drawings submitted.

• Larger-scale drawings will govern over smaller ones.

• Figured or numerical dimensions will govern over dimensions obtained by scaling; and

• Where provisions of codes, manufacturer’s specifications, or industry standards are in conflict, the more restrictive or higher quality will govern.

2.1.14. Contract Amendments

The Contract(s) that result from this Solicitation may not be modified except pursuant to a written amendment executed by both the City and the Successful Respondent, or their authorized successors or assigns.

2.1.15. Contract Interpretation and Construction

The singular includes the plural, and the plural includes the singular. “Will” is mandatory, and “may” is permissive.

The masculine gender includes the feminine and neutral. The words “furnish” and “furnish and install”, “install”, and “provide” or words with similar meaning will be interpreted, unless otherwise specifically stated, to mean

“furnish and install complete in place and ready for service”.

Miscellaneous items and accessories that are not explicitly mentioned but are essential to produce a complete and properly operating product providing the function indicated will be furnished and installed without change in the Contract price. Such miscellaneous items and accessories will be of the same quality standards, including material, style, finish, strength, class, weight, or other applicable characteristics as specified for the major component of which the miscellaneous item or accessory is an essential part, and will be approved by the City before installation. The above requirement is not intended to include major components not covered by or inferable from the Response and Contract specifications.

2.1.16. Compliance With Applicable Laws

Successful Respondent(s) will comply with all local, state, and federal directives, ordinances, rules, orders, and laws as applicable to this Solicitation and subsequent Contract. The Respondent's lack of knowledge will in no way be a cause for relief. Respondents must be legally authorized to transact business in the State of Florida.

All references to Florida Statutes, City of Doral, and Miami-Dade County Charter and Codes, as well as other laws/regulations, will be interpreted to include “as amended from time to time.”

Non-compliance with all local, state, and federal directives, orders, and laws may be considered grounds for termination of Contract(s). If the Successful Respondent(s) observe that the Response or subsequent Contract

Insurance Brokerage and is at variance with applicable laws, the Successful Respondent(s) will give the City prompt written notice thereof.

If the Successful Respondent(s) perform knowing it to be contrary to such laws, ordinances, rules, and regulations, such Successful Respondent(s) will bear all liability arising therefrom.

In the event that any governmental restrictions are imposed that would necessitate alteration of the goods or services requested by this Solicitation and/or offered by the Successful Respondent prior to delivery or completion, it will be the responsibility of the Respondent(s) to notify the City immediately. In the event the City determines that the alteration diminishes the City’s bargained-for exchange or frustrates the project, the City reserves the right to accept the alteration or cancel the Contract.

2.1.17. Compliance with Occupational Health and Safety Act (OSHA) Standards

To the extent applicable, Respondent certifies that all materials, equipment, etc., contained in its Response meet all OSHA requirements. Respondent further certifies, that, if he/she is the Successful Respondent, and the materials, equipment, etc., delivered is subsequently found to be deficient in any OSHA requirement in effect on the date of use, all costs necessary to bring the materials equipment, etc., into compliance with the aforementioned requirements will be borne solely by the Successful Respondent. Upon request, Contractor will provide the City with a copy of their written safety program pertaining to the subject of the Contract, if such a program is required by law.

The Successful Respondent will be solely and completely responsible for the conditions of the job site, including the safety of all persons (including employees) and property during work performance. This requirement will apply continuously and not be limited to normal working hours. Safety provisions will conform to the U.S.

Department of Labor OSHA, Florida Department of Labor, and all other applicable federal, state, county, and local laws, ordinances, codes, and regulations. Where any of these are in conflict, the more stringent requirement will be followed.

2.1.18. Cone of Silence

This Solicitation will be subject to the “Cone of Silence” which means a prohibition on any communication regarding a Solicitation between potential Respondents or their lobbyists or representatives and the City Council, City staff including, but not limited to, the City Manager and their staff, and any member of the City’s Selection or Evaluation Committee, except as otherwise explicitly provided herein.

The Cone of Silence will be imposed upon this Solicitation after the advertisement thereof and will terminate upon the issuance of the City Manager’s recommendation to award. However, if the City Council refers the City

Manager’s recommendation back to the City Manager or Selection Committee for further review, the Cone of

Silence will be re-imposed until such time as a recommendation is issued by the City Manager after such additional review.

The Cone of Silence will not apply to:

• Communications with the City Attorney.

• Oral presentations before evaluation committees.

• Public presentations made to the City Council during any duly noticed public meeting.

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• Written communications regarding a particular Solicitation between a potential Respondent and the

City’s Procurement Department, provided the communication is limited strictly to matters of process or procedure already contained in the Solicitation.

• Duly noticed site visits to determine the competence of Respondents regarding a particular solicitation during the period between the opening of Responses and the time the City Manager makes his or her written recommendation.

• Any emergency procurement of goods or services pursuant to City Code.

• Responses to the City’s request for clarification or additional information.

• Contract negotiations during any duly noticed public meeting.

• Communications to enable City staff to seek and obtain industry comment or perform market research, provided all communications related thereto are in writing or made at a duly noticed public meeting.

Please contact the City Attorney for any questions concerning Cone of Silence compliance. Violation of the Cone of Silence by a Respondent will render any award of this Solicitation to said Respondent voidable by the City

Manager or City Council.

2.1.19. Conflict of Interest

By way of its Response, Respondent recognizes and certifies that no elected official, board member, or employee of the City will have a financial interest directly or indirectly in the Contract or any compensation to be paid under or through this transaction, and further, that no City employee, nor any elected or appointed officer (including

City Council members) of the City, nor any spouse, parent or child of such employee or elected or appointed officer of the City, may be a partner, officer, director or proprietor of Respondent, and further, that no such City employee or elected or appointed officer, or the spouse, parent or child of any of them, alone or in combination, may have a Material Interest in the Respondent. “Material Interest” for purposes of this subsection will mean direct or indirect ownership of more than five percent (5%) of the total assets or capital stock of the Respondent.

Any exception to these above-described restrictions must be expressly provided by applicable law or ordinance and be confirmed in writing by the City. Further, Respondent recognizes that with respect to its Response to this

Solicitation, if any Respondent violates or is a party to a violation of the ethics ordinances or rules of the City, the provisions of Miami- Dade County Code Section 2-11.1, as applicable to City, or the provisions of Chapter

112, part III, Fla. Stat., the Code of Ethics for Public Officers and Employees, such Respondent may be disqualified from furnishing the goods or services for which the Response is submitted and may be further disqualified from submitting any future Responses for goods or services to City. Respondent must complete and execute the Business Entity Affidavit Form.

2.1.20. Contract Award and Negotiation

The City will negotiate a Contract with the selected firm(s) pursuant to City Council approval. The awarded firm(s) must execute the Contract within ten (10) days after receiving notice of award from the City. If the City is unable to successfully negotiate a Contract with the highest-ranked firm, it may enter into negotiations with the next highest-ranked firm, and so on, until a Contract is executed.

The City reserves the right to negotiate any terms in the manner it determines to be in its best interest, including, without limitation, contract terms, pricing, and other requirements and obligations. Any subcontracts, sponsorship

Insurance Brokerage and agreements, promotion contracts, or other contractual arrangements related to the project shall be subject to the terms of the resulting Contract.

2.1.21. Delivery

The delivery of any all goods required by this Solicitation and resultant Contract will be delivered F.O.B.

Destination (i.e., at a specific City-designated address), and delivery costs and charges (if any) will be included in the quoted price. Exceptions will be noted.

Goods or material(s) delivered to the City pursuant to this Solicitation and resultant Contract will remain the property of the Successful Respondent until accepted to the satisfaction of the City. In the event goods or materials delivered to the City are found to be defective or do not conform to specifications, the City reserves the right to reject or return the same to the Successful Respondent at the Successful Respondent’s expense.

Rejected goods left longer than thirty (30) calendar days will be regarded as abandoned, and the City will have the right to dispose of them as its own property. Rejection for non-conformance or failure to meet delivery schedules may result in the Contractor being found in default.

2.1.22. Disputes

If any dispute concerning a question of fact arises under the Contract, other than termination for default or convenience, the Successful Respondent and the City department responsible for the administration of the

Contract will make a good-faith effort to resolve the dispute. If the dispute cannot be resolved by mutual agreement, then the City Attorney will resolve the dispute and send a written copy of its decision to the Successful

Respondent, which will be binding on both parties. The City reserves the right not to award or to reject Responses from vendors that are currently in litigation with the City or as a result of any prior lawsuit with the City.

2.1.23. Employees

The Successful Respondent will be responsible for the appearance of all working on-site personnel assigned to the work in connection with the Contract (clean and appropriately dressed). On-site personnel must be able to always supply proper identification.

All employees of the Successful Respondent will always be the sole employees of the Successful Respondent, under the Successful Respondent’s sole direction, and not employees or agents of the City. The Successful

Respondent will supply competent, suitably qualified, and capable employees, and the City may require the

Successful Respondent to remove any employee it deems careless, incompetent, insubordinate, or otherwise objectionable and whose presence on City property is not in the best interest of the City. The City will not have any duty to implement or enforce such requirements.

Each employee of the Successful Respondent assigned to the Work will be a citizen of the United States or an alien who has been lawfully admitted for permanent residence as evidenced by an Alien Registration Card. The

Successful Respondent agrees not to assign to the Work any employee undergoing a sentence of imprisonment except as otherwise provided by applicable laws.

2.1.24. Equal Employment Opportunity

The Respondent will comply with Title VII of the Civil Rights Act of 1964 42 U.S.C. Section 2000e et seq., Section

504 of the Rehabilitation Act of 1973 29 U.S.C Section701 et seq., and Title I of the Americans with Disabilities

Act, 42 U.S.C Section 12101 as of 1990 in that: No person in the United States will on the grounds of race, creed, color, national origin, sex, age, political affiliation, beliefs or disability be subject to discrimination under any

Insurance Brokerage and program or activity which the Respondent has agreed to undertake by and through the covenants, and provisions set forth in this Contract.

2.1.25. Examination Prior to Submission

Respondents must thoroughly examine each section. If there is any doubt or obscurity as to the meaning of any part of this Solicitation, Respondents may request clarification by written request to the Procurement Department.

Respondents are required to be familiar with any conditions that may, in any manner, affect the Work to be done or affect the equipment, materials, or labor required. Respondents are also required to carefully examine the specifications, all equipment, and all site locations and be thoroughly informed regarding all conditions that may, in any manner, affect the Work to be performed under the Contract. By submission of a Response, it will be construed that the Respondent is acquainted sufficiently with the site(s) and Work to be performed.

2.1.26. Exceptions

Exceptions to the specifications shall be listed in the Response, and the section shall be referenced, and details of the exception shall be provided. Any exceptions to the material provisions of this Solicitation, as determined by the City in its sole discretion, may cause the Proposal to be considered non-responsive.

2.1.27. Extensions

The City reserves the right to automatically extend the Contract for up to one (1) year beyond the stated Contract term in order to provide City departments with continual service and supplies while a new contract is being solicited, evaluated, negotiated, and/or awarded. If the right is exercised, the City will notify the Contractor, in writing, of its intent to extend the Contract at the same price, terms, and conditions for a specific number of days.

Additional extensions over the first one (1) year extension may occur if the City and the Contractor are in mutual agreement on such extensions.

2.1.28. Fraud and Misrepresentation

Any individual, corporation, or other entity that attempts to meet its contractual obligations with the City through fraud, misrepresentation, or material misstatement, or omission of any material fact, may be debarred in accordance with the applicable provisions of the City Code. The City may, as a further sanction, terminate or cancel any other Contracts with such individual, corporation, or entity. Such individual or entity will be responsible for all direct or indirect costs associated with termination or cancellation.

2.1.29. Governing Law and Venue

The validity and effect of the Contract will be governed by the laws of the State of Florida. The Successful

Respondent agrees that any action, mediation, or arbitration arising out of the Solicitation or Contract will take place in Miami-Dade County, Florida.

2.1.30. Identical (Tie) Responses

Responses that are evaluated as being equal with respect to price, quality, and service for the procurement of commodities or contractual services (sometimes referred to herein as “Tie Responses”), received from a business that certifies that it has implemented a Drug-Free Workplace Program will be given preference in the award process provided the Respondent complies with the requirements of Section 287.087, Florida Statutes.

2.1.31. Incurred Expenses

The City will not be responsible for any expenses incurred by any of the Respondents for the preparation of their

Responses to this Solicitation, or for any associated costs in relation thereto, including, without limitation, the cost incurred during any presentation or negotiations related to potential award.

Insurance Brokerage and

2.1.32. Indemnification

The Successful Respondent granted a Contract with the City as a result of this Solicitation will indemnify and hold harmless the City, its officers, agents, directors, and employees, from liabilities, damages, losses, and costs, including, but not limited to all reasonable attorney's fees and costs, to the extent caused by the error, omission, negligence, recklessness or intentional misconduct of the Successful Respondent or its agents, employees, or subcontractors or consultants, arising out of or in connection with this Solicitation or the Contract. These indemnifications will survive the term of the Contract. In the event that any action or proceeding is brought against

City by reason of any such claim or demand, the Successful Respondent will, upon written notice from City, resist and defend such action or proceeding by counsel satisfactory to City. The Successful Respondent expressly understands and agrees that any insurance protection required by this Contract or otherwise provided by the Successful Respondent will in no way limit the responsibility to indemnify, keep and save harmless and defend the City or its officers, employees, agents, and instrumentalities as herein provided.

The indemnification provided above will obligate the Successful Respondent to defend at its own expense to and through appellate, supplemental or bankruptcy proceeding, or to provide for such defense, at City's option, any and all claims of liability and all suits and actions of every name and description which may be brought against

City whether performed by the Successful Respondent or persons employed or utilized by the Successful

Respondent. This indemnity will survive the cancellation or expiration of the Contract.

This indemnity will be interpreted under the laws of the State of Florida, including, without limitation, in a manner that conforms to the limitations of §768.28, §725.06, and/or §725.08, Florida Statutes, as applicable and as amended.

The Successful Respondent will require all subconsultants and subcontractors’ agreements to include a provision specifying that they will indemnify and hold harmless the City in the manner substantially set forth above.

The Successful Respondent agrees and recognizes that the City will not be held liable or responsible for any claims which may result from any actions or omissions of the Successful Respondent in which the City participated either through review or concurrence of the Successful Respondent's actions. In reviewing, approving, or rejecting any submissions by the Successful Respondent or other acts of the Successful

Respondent, the City in no way assumes or shares any responsibility or liability of the Successful Respondent or subcontracted entities under the Contract.

The Successful Respondent agrees and recognizes that the City shall not be held liable for claims liabilities damages, losses or costs arising directly from Acts of God or Force Majeure events, which shall include floods, hurricanes, tornadoes, earthquakes, lightning, fires epidemics, pandemics, quarantine restrictions, usually severe weather conditions, acts of public enemies, war, blockade, riots, civil disturbances, freight embargoes, or other similar events beyond the reasonable control of the City.

Successful Respondent warrants that there has been no violation of copyrights or patent rights in submitting its

Response or providing the goods or services requested by this Solicitation. The Successful Respondent will pay all royalties and assume all costs arising from the use of any invention, design, process, materials, equipment, product, or device which is the subject of patent rights or copyrights. Successful Respondent will, at its own expense, hold harmless and defend the City against any claim, suit or proceeding brought against the City which is based upon a claim, whether rightful or otherwise, that the goods or services, or any part thereof, furnished

Insurance Brokerage and under the contract, constitute an infringement of any patent or copyright of the United States. The Successful

Respondent will pay all damages and costs awarded against the City.

2.1.33. Inspection of Project Records

The City will have the right to inspect and copy during regular business hours at City’s expense, the books and records and accounts of Successful Respondent which relate in any way to the Contract, and to any claim for additional compensation made by Successful Respondent, and to conduct an audit of the financial and accounting records of Successful Respondent, which arise out of the Contract. Successful Respondent will retain and make available to City all such books and records and accounts, financial or otherwise, which relate to the

Contract and to any claim for a period of three (3) years following final completion of the underlying project at no cost to the City. During the implementation of the work contemplated under the Contract and the three (3) year period following final completion of the same, the Successful Respondent will provide the City access to such books and records upon five (5) days' written notice.

2.1.34. Insurance Requirements

The awarded Proposer will provide and maintain (and cause its subcontractors, if any, to provide and maintain) throughout the term of the awarded contract, the insurance policies and coverages set forth in the attached and incorporated in sec 6.1 - 6.1.6 . Prior to execution of the Contract, and any time thereafter that the City may request, the awarded Proposer must furnish a Certificate of Insurance and Declaration of Coverage Page showing the City of Doral as additional named insured on each of the policies. The City reserves the right to require additional insurance in order to meet the full value of the scope of services. The Certificate shall contain a provision that coverage afforded under the policy will not be cancelled, or materially changed, until at least thirty (30) days' prior written notice has been given to the City.