2015-13 CONTRACTOR AGREEMENT FOR
PURCHASE AND/OR INSTALLATION OF EMERGENCY VEHICLE EQUIPMENT
*714
THIS AGREEMENT, made and entered into this day of jAaiteit 2015,
A.D., by and between the City of Clermont 685 West Montrose Street, Clermont, Florida
(hereinafter referred to as "CITY"), and-Signal Technology-Enterprises, Inc. d/b/a Public
Safety USA, a Corporation authonzed to conduct business in the State of Florida, 420 W.
27 Street, Hialeah, FL 33010 (hereinafter referred to as "CONTRACTOR").
WHEREAS, City of Miami, Florida issued Bid No.: 270252(16) for the purchase and/or
installation of additional emergency vehicle equipment;
WHEREAS, based on CONTRACTOR's response, City of Miami entered into an
Agreement with CONTRACTOR which currently is in effect until February 1, 2016;
WHEREAS, CITY desires to utilize the CONTRACTOR's contract with City of Miami
in accordance with CITY's procurement policy; and
WHEREAS, CONTRACTOR desires to enter into a contract with CITY based on the
terms and conditions of City of Miami Bid No.: 258233(16).
WITNESSETH: That the parties hereto, for the consideration hereinafter set forth,
mutually agree as follows:
ARTICLE I - SCOPE OF WORK
The CONTRACTOR shall furnish all labor, materials, equipment, machinery, tools,
apparatus and transportation as requested by CITY by purchase order and as described in
City of Miami Bid No. 270252(16), which is attached hereto and incorporated herein as
Exhibit"A",and shall do everything required by this Agreement and the other Agreement
Documents contained in the specifications, which are a part of these Documents.
Provided, however, that nothing herein shall require CITY to purchase or acquire any
items or services from CONTRACTOR. To the extent of a conflict between this
Agreement and the CITY's Purchasing Policy and Exhibit "A", the terms and conditions
of this Agreement and the CITY's Purchasing Policy shall prevail and govern.
ARTICLE II—THE CONTRACT SUM
CITY shall pay CONTRACTOR, for the faithful performance of the Agreement as set
forth in the Agreement documents and the Unit Price Schedule an amount in accordance
with the compensation schedule set forth in Exhibit 'B', attached hereto and incorporated
herein.
ARTICLE III—TERM AND TERMINATION
1. This Agreement is to become effective upon execution by both parties, and
shall remain in effect until February 1, 2016.
1
2. Notwithstanding any other provision of this Agreement, CITY may, upon
written notice to CONTRACTOR, terminate this Agreement if: a) without
cause and for convenience upon thirty (30) days wntten notice to
CONTRACTOR b) CONTRACTOR is adjudged to be bankrupt; c)
CONTRACTOR makes a general assignment for the benefit of its creditors;
d) CONTRACTOR fails to comply,with any of the conditions of provisions of
this Agreement; or e) CONTRACTOR is experiencing a labor dispute, which
threatens to have a substantial, adverse impact upon performance of this
Agreement, without prejudice to any other right or remedy CITY may have
under this Agreement. Inthe event of such termination, CITY shall be liable
only for the payment of all unpaid charges, determined in accordance with the
provisions of this Agreement, for work, properly performed and accepted
prior to the effective date of termination.
ARTICLE IV - COMMENCEMENT AND COMPLETION OF WORK
The CONTRACTOR shall provide all equipment and related services in the timeframe as
set forth in the applicable purchase order.
ARTICLE V - PAYMENTS
In accordance with the provisions fully set forth in the General Conditions,
CONTRACTOR shall submit a payment request by the third (3rd) day of each calendar
month for items provided during the preceding calendar month. CITY shall make
payment to the CONTRACTOR, within thirty (30) calendar days, on the basis of a duly
certified and approved payment invoice by the CITY for items provided and accepted by
the CITY.
ARTICLE VI—DISPUTE RESOLUTION - MEDIATION
1. Any claim, dispute or other matter in question arising out of or related to this
Agreement shall be subject to mediation as a condition precedent to voluntary
arbitration or the institution of legal or equitable proceedings by either party.
2. The CITY and CONTRACTOR shall endeavor to resolve claims, disputes and
other matters in question between them by mediation.
3. The parties shall share the mediator's fee and any filing fees equally. The
mediation shall be,held in Clermont, Lake County, Florida, unless another
location is mutually agreed upon. Agreements reached in mediation shall be
enforceable as settlement agreements in any court having jurisdiction thereof.
ARTICLE VII—INSURANCE AND INDEMNIFICATION RIDER
1. Worker's Compensation Insurance - The CONTRACTOR shall take out
and maintain during the life of this Agreement Worker's Compensation Insurance for all
2
his employees connected with the work of this Project and, in case any work is sublet, the
CONTRACTOR shall require the subcontractor similarly to provide Worker's
Compensation Insurance for all of the latter's employees unless such employees are
covered by the protection afforded by the CONTRACTOR. Such insurance shall comply
with the Flonda Worker's Compensation Law. In case any class of employees engaged in
hazardous work under this Agreement at the site of the Project is not protected under the
Worker's Compensation statute, the CONTRACTOR shall provide adequate insurance,
satisfactory to the CITY, for the protection of employees not otherwise protected.
2. CONTRACTOR's Public Liability and Property Damage Insurance - The
Contactor shall take out and maintain during the life of this Agreement Comprehensive
General Liability and Comprehensive Automobile Liability Insurance as shall protect it
from claims for damage for personal injury, including accidental death, as well as claims
for property damages which may arise from operating under this Agreement whether
such operations are by itself or by anyone directly or indirectly employed by it, and the
amount of such insurance shall be minimum limits as follows:
(a) CONTRACTOR's Comprehensive General, $1,000,000 Each
($2,000,000 aggregate)
Liability Coverages, Bodily Injury Occurrence, & Property Damage
Combined Single Limit
(b) Automobile Liability Coverages, $1,000,000 Each
Bodily Injury&Property Damage Occurrence,
Combined Single Limit
(c) Excess Liability, Umbrella Form $2,000,000
Each Occurrence, Combined Single Limit
Insurance clause for both BODILY INJURY AND PROPERTY
DAMAGE shall be amended to provide coverage on an occurrence basis.
3. SubCONTRACTOR's Public Liability and Property Damage Insurance -
The CONTRACTOR shall require each of his subcontractors to procure and maintain
during the life of this subcontract, insurance of the type specified above or insure the
activities of his subcontractors in his policy, as specified above.
4. Indemnification Rider
(a) To cover to the fullest extent permitted by law, the CONTRACTOR
shall indemnify and hold harmless the CITY and its agents and
employees from and against all claims, damages, losses and expenses,
including but not limited to attorney's fees, arising out of or resulting
from the performance of the Work, provided that any such claim,
damage, loss or expense (1) is attributable to bodily injury, sickness,
disease or death, or to injury to or destruction of tangible property
(other than the Work itself) , and (2) is caused in whole or in part by
any negligent act or omission of the CONTRACTOR, any
subcontractor, anyone directly or indirectly employed by any of them
3
or anyone for whose acts any of them may be liable, regardless of
whether or not it is caused in part by a party indemnified hereunder.
Such obligation shall not be construed to negate, abridge, or otherwise
reduce any other nght to obligation of indemnity which would
otherwise exist as to any party or person described in this Article.
(b) In any and all claims against the CITY or any of its agents or
employees by any employee of the CONTRACTOR, any
subcontractor, anyone directly or indirectly employed by any of them
or anyone for whose acts any of them may be liable, the
indemnification obligations under this Paragraph shall not be limited
in any way by any limitation on the amount or type of damages,
compensation or benefits payable by or for the CONTRACTOR or any
subcontractor under workers' or workmen's compensation acts,
disability benefit acts or other employee benefit acts.
(c) The CONTRACTOR hereby acknowledges receipt of ten dollars and
other good and valuable consideration from the CITY for the
indemnification provided herein.
ARTICLE VIII -NOTICES
All notices shall be in writing and sent by United States mail, certified or registered, with
return receipt requested and postage prepaid, or by nationally recognized overnight
courier service to the address of the party set forth below. Any such notice shall be
deemed given when received by the party to whom it is intended.
CONTRACTOR: Signal Technology Enterprises, Inc.
d/b/a Public Safety USA
420 West 27 Street
Hialeah, FL 33010
Attn: Gary Orman Jr., V.P.
CITY: City of Clermont
Attn: Darren Gray, City Manager
685 W. Montrose Street
Clermont, FL 34711
ARTICLE IX—MISCELLANEOUS
1. Attorneys' Fees. In the event a suit or action is instituted to enforce or interpret
any provision of this agreement, the prevailing party shall be entitled to recover
such sum as the Court may adjudge reasonable as attorneys' fees at trial or on any
appeal, in addition to all other sums provided by law.
4
2. Waiver. The waiver by city of breach of any provision of this agreement shall not
be construed or operate as a waiver of any subsequent breach of such provision or
of such provision itself and shall in no way affect the enforcement of any other
provisions of this agreement.
3. Severability. If any provision of this agreement or the application thereof to any
person or circumstance is to any extent invalid or unenforceable, such provision,
or part thereof, shall be deleted or modified in such a manner as to make the
agreement valid and enforceable under applicable law, the remainder of this
agreement and the application of such a provision to other persons or
circumstances shall be unaffected, and this agreement shall be valid and
enforceable to the fullest extent permitted by applicable law.
4. Amendment. Except for as otherwise provided herein, this agreement may not be
modified or amended except by an agreement in writing signed by both parties.
5. Entire Agreement. This agreement including the documents incorporated by
reference contains the entire understanding of the parties hereto and supersedes all
pnor and contemporaneous agreements between the parties with respect to the
performance of services by CONTRACTOR.
6. Assignment. This agreement is personal to the parties hereto and may not be
assigned by CONTRACTOR, in whole or in part, without the prior written
consent of city.
7. Venue. The parties agree that the sole and exclusive venue for any cause of
action ansing out of this agreement shall be Lake County, Florida.
8. Applicable Law. This agreement and any amendments hereto are executed and
delivered in the State of Florida and shall be governed, interpreted, construed and
enforced in accordance with the laws of the State of Florida.
9. Records. CONTRACTOR expressly understands and acknowledges that any and
all documents related to the services provided herein, may be considered records
that are subject to examination and production in accordance with Florida's
Public Records Law. CONTRACTOR expressly agrees that it will comply with
all requirements related to said law and that it will hold CITY harmless, including
attorney fees and litigation costs, for any such disclosure related to Florida's
Public Records Law.
ARTICLE X—AGREEMENT DOCUMENTS
The Agreement Documents, as listed below are herein made fully a part of this
Agreement as if herein repeated.
5
EXHIBIT A
Cit of4iiiami
CONTRACT AWARD
Procurement Department
SECOND AND FINAL RENEWAL
BID NO 270252(16)
DESCRIPTION PURCHASE AND/OR INSTALLATION OF ADDITIONAL
EMERGENCY VEHICLE EQUIPMENT—CITYWIDE
TERM OF CONTRACT TWO (2) YEARS WITH THE OPTION TO RENEW FOR TWO
(2)ADDITIONAL ONE-YEAR PERIODS
CONTRACT PERIOD FEBRUARY 2,2012 THROUGH FEBRUARY 1,2014
1St RENEWAL PERIOD FEBRUARY 2,2014 THROUGH FEBRUARY 1,2015
2"RENEWAL PERIOD FEBRUARY 2,2015 THROUGH FEBRUARY 1,2016
COMMODITY CODE 05557-00,06057-00, 92804-00
SECTION#1 —VENDOR AWARD
LESC,Inc dib/a Law Enforcement Supply Signal Technology Enterprises, Inc
5011-H Hillsborough Avenue 3140 W 16th Avenue
Tampa, FL 33634 Hialeah, FL 33012
Contact. Mr Ray Rogers Contact Mr Albert Espinosa
Phone (800)637-6307 Ext 4114 Phone. (305)986-1373
Fax N/A Fax. (888)895-8745
Cell/Pager N/A Cell/Pager N/A
Email Address hrogers@lawsupply corn Email Address.albertta�sjgnaltechnology net
Southeast Traffic Technologies,Inc
2555 PGA Boulevard#374
Palm Beach Gardens,FL 33410
Contact Ms Cindy Omahne
Phone (561)252-3478
Fax- N/A
Cell/Pager. N/A
Email Address candy aC�southeasttreffic corn
SECTION#2—AWARD/BACKGROUND INFORMATION/APPLICABLE ORDINANCES/NOTES
C C AWARD DATE JANUARY 26,2012 AMENDED AMOUNT N/A
RESOLUTION NO 120033 INSURANCE REQUIREMENTS YES
ANNUAL CONTRACT AMOUNT N/A PERFORMANCE BOND N/A
Note Funds allocated from the various sources APPLICABLE ORDINANCES N/A
of funds from the user departments and agencies,
subject to availability of funds and budgetary
approval at the time of need
SECTION#3—REQUESTING DEPARTMENT
CITY DEPARTMENTS
Contract Administrator. John Babos 1 Jose Davila
Phone (305)329-4874/(305)416-5445
Fax N/A
SECTION#4—PROCURING AGENCY
CITY OF MIAMI, PROCUREMENT DEPARTMENT
Sr.Buyer Terry Byrnes, CPPB
Phone (305)416-1917
Fax: (305)400-5230
Prepared By Max Sagesse, 12/29/2014
A CONTRACT AWARD SHEET INSTRUCTIONAL GUIDE TO ASSIST YOU WITH THE INFORMATION
CONTAINED HEREIN IS AVAILABLE IN THE!SUPPLIER INFORMATION SECTION OF OUR WEBPAGE AT:
www mlamigov com/procurement
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Initial ;�
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of
KENNETH ROBERTSON JOHNNY MARTINEZ, P E
Chief Procurement Officer City Manager
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November 20, 2013
To All Vendors/Contractors
RE: CONTRACT AWARD
(FIRST RENEWAL)
PURCHASE AND/OR INSTALLATION
OF ADDITIONAL EMERGENCY
VEHICLE EQUIPMENT—CITYWIDE
BID NO.270252(16)
Dear Vendors/Contractors
Please be mformed that the City of Miami has extended the contract with your firm for the
Purchase and/or Installation of Additional Emergency Vehicle Equipment, for the period of
February 2,2014 through February 1, 2015 Enclosed is the Contract Award(Renewal) sheet for
your reference
Should you have any questions regarding this matter, please contact Terry Byrnes, CPPB,
Procurement Supervisor, at (305) 416-1917 The City of Miami appreciates your participation m
servicing our needs
Sincerely yours,
lieltet,
Kenneth Robertson
gChief Procurement Officer
KR/TB/ms
Copy Bid file
Olt of Allianti
CONTRACT AWARD
Procurement Dgxurtinent
FIRST RENEWAL
BID NO 270252(16)
DESCRIPTION PURCHASE AND/OR INSTALLATION OF ADDITIONAL
EMERGENCY VEHICLE EQUIPMENT—CITYWIDE
TERM OF CONTRACT TWO (2) YEARS WITH THE OPTION TO RENEW FOR TWO
(2)ADDITIONAL ONE-YEAR PERIODS
CONTRACT PERIOD FEBRUARY 2, 2012 THROUGH FEBRUARY 1, 2014
RENEWAL PERIOD FEBRUARY 2, 2014 THROUGH FEBRUARY 1,2015
COMMODITY CODE 05557-00, 06057-00, 92804-00
SECTION#1 —VENDOR AWARD -
LESC,Inc d/b/a Law Enforcement Supply Signal Technology Enterprises,Inc
5011-H Hillsborough Avenue i 3140 W 16th Avenue
Tampa, FL 33634 Hialeah, FL 33012'
Contact Mr Ray Rogers Contact Mr Albert Espinosa
Phone (800)637-6307 Ext 4114 Phone (305)986-1373
Fax N/A Fax (888)895-8745
Cell/Pager N/A Cell/Pager N/A
Email Address hrogers(a)lawsupply corn Email Address albert(a�sionaltechnologv net
Southeast Traffic Technologies,Inc
2555 PGA Boulevard#374 `,
Palm Beach Gardens, FL 33410
Contact Ms Cindy Omahne
Phone (561)252-3478 -
Fax N/A
Cell/Pager N/A
Email Address cindv aC�.southeasttraffic conn ,
SECTION#2—AWARD/BACKGROUND INFORMATION/APPLICABLE ORDINANCES/NOTES
C C AWARD DATE JANUARY 26, 2012 AMENDED AMOUNT N/A
RESOLUTION NO 12-0033 INSURANCE REQUIREMENTS YES
ANNUAL CONTRACT AMOUNT N/A PERFORMANCE BOND N/A
Note Funds allocated from the various sources APPLICABLE ORDINANCES N/A
of funds from the user departments and agencies,
subject to availability of funds and budgetary
approval at the time of need
SECTION#3—REQUESTING DEPARTMENT
CITY DEPARTMENTS
Contract Administrator John Babos/Jose Davila
Phone (305)329-4874/(305)416-5445
Fax N/A
SECTION#4—PROCURING AGENCY
CITY,OF MIAMI, PROCUREMENT DEPARTMENT
Sr Buyer Terry Byrnes, CPPB
Phone (305)416-1917
Fax (305)416-1925
Prepared By Max Sagesse, 11/20/2013
A CONTRACT AWARD SHEET INSTRUCTIONAL GUIDE TO ASSIST YOU WITH THE INFORMATION
CONTAINED HEREIN IS AVAILABLE IN THE(SUPPLIER INFORMATION SECTION OF OUR WEBPAGE AT
www miamigov com/procurement
CITY OF MIAMI, FLORIDA
INTER-OFFICE MEMORANDUM
TO DATE FILE
ALL DEPARTMENT DIRECTORS February 15, 2012
AND CONTRACT LIAISONS SUBJECT
Purchase and/or Installation of
Additional Emergency Vehicle
Equipment—Citywide
FROM REFERENCES Bid No 270252(16)
Kenneth Robertson, Director
Purchasing Department ENCLOSURES
Please find enclosed a copy of the recently approved term contract for Purchase and/or
Installation of Additional Emergency Vehicle Equipment. This contract has been established
for use by all city departments and offices on an as needed basis Unless a specific item is not
listed, using department in need of these goods or services is required to utilize this contract
Using department is urged to carefully review the contract in detail to become familiar with its
prices, terms and conditions, and items awarded If any department is unable to locate a
particular item on the contract, please contact the appropriate Buyer for assistance No other
goods or services can be purchased under this agreement except those specified in the contract
When requesting this commodity or service, the Bid No., Resolution No. and the
corresponding catalog item numbers must be cited in the requisition.
It shall be the responsibility of the using department to properly administer the contract to ensure
that the contractor and the City perform all contractual obligations In the execution of this
responsibility, departments should monitor vendor performance, inspect goods at time of
delivery,and check for accuracy in billing
Should any using department experience any difficulties with the contractor, please document the
matter and immediately advise Terry Byrnes, CPPB, Procurement Supervisor, at (305) 416-1917
for assistance
Copy Bid file
Qlitg of t�xmi
CONTRACT AWARD
CITYWIDE
BID NO 270252(16)
DESCRIPTION PURCHASE AND/OR INSTALLATION OF ADDITIONAL
EMERGENCY VEHICLE EQUIPMENT—CITYWIDE
TERM OF CONTRACT TWO (2) YEARS WITH THE OPTION TO RENEW FOR TWO
(2)ADDITIONAL ONE-YEAR PERIODS
CONTRACT PERIOD FEBRUARY 2,2012 THROUGH FEBRUARY 1,2014
COMMODITY CODE 05557-00, 06057-00, 92804-00
SECTION#1 —VENDOR AWARD
LESC, Inc d/b/a Law Enforcement Supply Signal Technology Enterprises,Inc
5011-H Hillsborough Avenue 3140 W 16th Avenue
Tampa, FL 33634 Hialeah, FL 33012
Contact Mr Ray Rogers Contact Mr Albert Espinosa
Phone (800)637-6307 Ext 4114 Phone (305)986-1373
Fax N/A Fax (888)895-8745
Cell/Pager N/A Cell/Pager N/A
Email Address hrogers(a�lawsupply corn Email Address albert(a�signaltechnology net
Emergency Vehicle Supply Co, LLC Southeast Traffic Technologies,Inc
4661 Johnson Road, Suite 1 2555 PGA Boulevard#374
Coconut Creek, FL 33073 Palm Beach Gardens, FL 33410
Contact Mr Robert Windesheim Contact Ms Cindy Omahne
Phone (954)428-5201 Phone (561)252-3478
Fax (954)428-5202 Fax N/A
Cell/Pager N/A Cell/Pager N/A
Email Address rwindesheim aa1evs corn Email Address cindvsoutheasttraffic corn
SECTION#2—AWARD/BACKGROUND INFORMATION/APPLICABLE ORDINANCES/NOTES
C C AWARD DATE JANUARY 26,2012 AMENDED AMOUNT N/A
RESOLUTION NO 12-0033 - INSURANCE REQUIREMENTS YES
ANNUAL CONTRACT AMOUNT N/A - PERFORMANCE BOND N/A
Note Funds allocated from the various sources APPLICABLE ORDINANCES N/A
of funds from the user departments and agencies,
subject to availability of funds and budgetary
approval at the time of need
SECTION#3—REQUESTING DEPARTMENT
CITY DEPARTMENTS
Contract Administrator Jose Davila/John Babos
Phone (305)329-4869/(305)329-4874
Fax N/A
SECTION#4—PROCURING AGENCY
CITY OF MIAMI, PURCHASING DEPARTMENT
Sr Buyer Terry Byrnes, CPPB
Phone (305)416-1917
Fax (305)416-1925
Prepared By Max Sagesse, 2/15/2012
A CONTRACT AWARD SHEET INSTRUCTIONAL GUIDE TO ASSIST YOU WITH THE INFORMATION
CONTAINED HEREIN IS,AVAILABLE IN THE(SUPPLIER INFORMATION SECTION OF OUR WEBPAGE AT
www miamipov com/procurement
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Invitation for Bid(IFB)270252
Table of Contents
Terms and Conditions 17
1 General Conditions .17
1 1 GENERAL TERMS AND CONDITIONS .17
2 Special Conditions 34
21 PURPOSE 34
2 2 DEADLINE FOR RECEIPT OF REQUEST FOR ADDITIONAL
INFORMATION/CLARIFICATION 34
2 3 TERM OF CONTRACT 34
2 4 CONDITIONS FOR RENEWAL 34
2 5 NON-APPROPRIATION OF FUNDS 34
2 6 METHOD OF AWARD 34
2 7 BIDDERS MINIMUM QUALIFICATIONS 34
2 8 FACILITY LOCATION 35
2 9 CATALOG DISCOUNTS 35
2 10 FIXED AND FIRM PRICING 35
2 11 HOURLY LABOR AND INSTALLATION PRICES 35
2 12 DELIVERY/LIQUIDATED DAMAGES 35
2 13 FAILURE TO PERFORM 35
2 14 AS OR EQUAL 35
2 15 INSURANCE REQUIREMENTS 36
2 16 PATENTS AND ROYALTIES 37
2 17 INSTALLATION,PICK-UP AND DELIVERY REQUIREMENTS 38
2 18 METHOD OF PAYMENT 38
2 19 DELIVERY AND INSTALLATION RESPONSE TIME 38
2 20 PACKING SLIP/DELIVERY TICKET TO ACCOMPANY ITEMS DURING
DELIVERY 38
2 21 COMPLETED WORK 38
2 22 ADDITIONS/DELETIONS OF SUPPLIERS/FACILITIES/ITEMS/SERVICES 38
2 23 CONTRACT ADMINISTRATORS 38
2 24 SUBCONTRACTORS OF WORK SHALL BE IDENTIFIED 39
2 25 WORKMANSHIP AND MATERIALS 39
2 26 TIE BIDS 39
2 27 DAMAGES TO PUBLIC/PRIVATE PROPERTY 40
2 28 FACTORY DEFECTS 40
2 29 WARRANTY,FITNESS FOR PURPOSE 40
2 30 QUALITY AND MANUFACTURE 40
2 31 PRODUCT SUBSTITUTES 40
2 32 REFERENCES 41
2 33 SPECIFICATION EXCEPTIONS 41
2 34 TERMINATION 41
2 35 ADDITIONAL TERMS AND CONDITIONS 41
2 36 BALANCE OF LINE 42
3 Specifications 43
3 1 SPECIFICATIONS/SCOPE OF WORK 43
Page 16 of 46
Invitation for Bid(IFB)270252
Terms and Conditions
1 General Conditions
1 1 GENERAL TERMS AND CONDITIONS
Intent The General Terms and Conditions described herein apply to the acquisition of
goods/equipment/services with an estimated aggregate cost of$25,000 00 or more
Definition A formal solicitation is defined as issuance of an Invitation for Bids,Request for Proposals,
Request for Qualifications,or Request for Letters of Interest pursuant to the City of
Miami Procurement Code and/or Florida Law,as amended Formal Solicitation and Solicitation shall be
defined in the same manner herein
1 1 ACCEPTANCE OF GOODS OR EQUIPMENT-Any good(s)or equipment delivered under this
formal solicitation,if applicable,shall remain the property of the seller until a physical inspection and
actual usage of the good is made,and thereafter is accepted as satisfactory to the City It must comply with
the terms herein and be fully in accordance with specifications and of the highest quality In the event the
goods/equipment supplied to the City are found to be defective or does not conform to specifications,the
City reserves the right to cancel the order upon written notice to the Contractor and return the product to the
Contractor at the Contractor's expense
12 ACCEPTANCE OF OFFER-The signed or electronic submission of your solicitation response shall
be considered an offer on the part of the bidder/proposer,such offer shall be deemed accepted upon
issuance by the City of a purchase order
13 ACCEPTANCE/REJECTION—The City reserves the right to accept or reject any or all responses or
parts of after opening/closing date and request re-issuance on the goods/services described in the formal
solicitation In the event of such rejection,the Director of Purchasing shall notify all affected
bidders/proposers and make available a written explanation for the rejection The City also reserves the
right to reject the response of any bidder/proposer who has previously failed to properly perform under the
terms and conditions of a contract,to deliver on time contracts of a similar nature,and who is not in a
position to perform the requirements defined in this formal solicitation The City further reserves the right
to waive any irregularities or minor informalities or technicalities in any or all responses and may,at its
discretion,re-issue this formal solicitation
14 ADDENDA—It is the bidder's/proposer's responsibility to ensure receipt of all Addenda Addenda are
available at the City's website at http//www ci maim fl us/procurement
1 5 ALTERNATE RESPONSES MAY BE CONSIDERED-The City may consider one(1)alternate
response from the same Bidder/Proposer for the same formal solicitation,provided,that the alternate
response offers a different product that meets or exceeds the formal solicitation requirements In order for
the City to consider an alternate response,the Bidder/Proposer shall complete a separate Price Sheet form
and shall mark"Alternate Response" Alternate response shall be placed in the same response This
provision only applies to formal solicitations for the procurement of goods,services,items,equipment,
matenals,and/or supplies
1 6 ASSIGNMENT-Contractor agrees not to subcontract,assign,transfer,convey,sublet,or otherwise
dispose of the resulting Contract,or any or all of its right,title or interest herein,without City of Miami's
prior written consent
17 ATTORNEY'S FEES-In connection with any litigation,mediation and arbitration arising out of this
Contract,the prevailing party shall be entitled to recover its costs and reasonable attorney's fees through
and including appellate litigation and any post judgment proceedings
1.8 AUDIT RIGHTS AND RECORDS RETENTION-The Successful Bidder/Proposer agrees to
provide access at all reasonable times to the City,or to any of its duly authorized representatives,to any
books,documents,papers,and records of Contractor which are directly pertinent to this formal solicitation,
for the purpose of audit,examination,excerpts,and transcriptions The Successful Bidder/Proposer shall
maintain and retain any and all of the books,documents,papers and records pertinent to the Contract for
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three(3)years after the City makes final payment and all other pending matters are closed Contractor's
failure to or refusal to comply with this condition shall result in the immediate cancellation of this contract
by the City
1 9 AVAILABILITY OF CONTRACT STATE-WIDE-Any Governmental,not-for-profit or
quasi-governmental entity in the State of Florida,may avail itself of this contract and purchase any and all
goods/services,specified herein from the successful bidder(s)/proposer(s)at the contract pnce(s)
established herein,when permissible by federal,state,and local laws,rules,and regulations
Each Governmental,not-for-profit or quasi-governmental entity which uses this formal solicitation and
resulting bid contract or agreement will establish its own contract/agreement,place its own orders,issue its
own purchase orders,be invoiced there from and make its own payments,determine shipping terms and
issue its own exemption certificates as required by the successful bidder(s)/proposer(s)
1 10 AWARD OF CONTRACT
A The Formal Solicitation,Bidder's/Proposer's response,any addenda issued, and the purchase order shall
constitute the entire contract,unless modified in accordance with any ensuing contract/agreement,
amendment or addenda
B The award of a contract where there are Tie Bids will be decided by the Director of Purchasing or
designee in the instance that Tie Bids can't be determined by applying Florida Statute 287 087,Preference
to Businesses with Drug-Free Workplace Programs
C The award of this contract may be preconditioned on the subsequent submission of other documents as
specified in the Special Conditions or Technical Specifications Bidder/Proposer shall be in default of its
contractual obligation if such documents are not submitted in a timely manner and in the form required by
the City Where Bidder/Proposer is in default of these contractual requirements,the City,through action
taken by the Purchasing Department,will void its acceptance of the Bidder's/Proposer's Response and may
accept the Response from the next lowest responsive,responsible Bidder or Proposal most advantageous to
the City or re-solicit the City's requirements The City,at its sole discretion,may seek monetary restitution
from Bidder/Proposer and its bid/proposal bond or guaranty,if applicable,as a result of damages or
increased costs sustained as a result of the Bidder's/Proposer's default
D The term of the contract shall be specified in one of three documents which shall be issued to the
successful Bidder/Proposer These documents may either be a purchase order,notice of award and/or
contract award sheet
E The City reserves the right to automatically extend this contract for up to one hundred twenty(120)
calendar days beyond the stated contract term in order to provide City departments with continual service
and supplies while a new contract is being solicited,evaluated,and/or awarded If the nght is exercised,
the City shall notify the Bidder/Proposer,in wnting,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 hundred
twenty(120)day extension may occur,if,the City and the Successful Bidder/Proposer are in mutual
agreement of such extensions
F Where the contract involves a single shipment of goods to the City,the contract term shall conclude
upon completion of the expressed or implied warranty penods
G The City reserves the nght to award the contract on a split-order,lump sum or individual-item basis,
or such combination as shall best serve the interests of the City unless otherwise specified
H A Contract/Agreement may be awarded to the Bidder/Proposer by the City Commission based upon
the minimum qualification requirements reflected herein As a result of a RFP,RFQ,or RFLI,the City
reserves the nght to execute or not execute,as applicable,an Agreement with the Proposer,whichever is
determined to be in the City's best interests Such agreement will be furnished by the City,will contain
certain terms as are in the City's best interests,and will be subject to approval as to legal form by the City
Attorney
1 11 BID BOND/BID SECURITY-A cashier's or certified check,or a Bid Bond signed by a recognized
surety company that is licensed to do business in the State of Honda,payable to the City of Miami,for the
amount bid is required from all bidders/proposers,if so indicated under the Special Conditions This check
or bond guarantees that a bidder/proposer will accept the order or contract/agreement,as bid/proposed,if it
is awarded to bidder/proposer Bidder/Proposer shall forfeit bid deposit to the City should City award
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contract/agreement to Bidder/Proposer and Bidder/Proposer fails to accept the award The City reserves the
nght to reject any and all surety tendered to the City Bid deposits are returned to unsuccessful
bidders/proposers within ten(10)days after the award and successful bidder's/proposer's acceptance of
award If sixty(60)days have passed after the date of the formal solicitation closing date,and no contract
has been awarded,all bid deposits will be returned on demand
1 12 RESPONSE FORM(HARDCOPY FORMAT)-All forms should be completed,signed and
submitted accordingly
1 13 BID SECURITY FORFEITED LIQUIDATED DAMAGES-Failure to execute an Agreement
and/or file an acceptable Performance Bond,when required,as provided herein, shall be just cause for the
annulment of the award and the forfeiture of the Bid Security to the City,which forfeiture shall be
considered,not as a penalty,but in mitigation of damages sustained Award may then be made to the
next lowest responsive,responsible Bidder or Proposal most advantageous to the City or all responses may
be rejected
1 14.BRAND NAMES-If and wherever in the specifications brand names,makes,models,names of any
manufacturers,trade names,or bidder/proposer catalog numbers are specified,it is for the purpose of
establishing the type,-function,minimum standard of design,efficiency,grade or quality of goods only
When the City does not wish to rule out other competitors' brands or makes,the phrase"OR EQUAL"is
added When bidding/proposing an approved equal,Bidders/Proposers will submit,with their response,
complete sets of necessary data(factory information sheets,specifications,brochures,etc)in order for the
City to evaluate and determine the equality of the item(s)bid/proposed The City shall be the sole judge of
equality and its decision shall be final Unless otherwise specified,evidence in the form of samples may be
requested if the proposed brand is other than specified by the City Such samples are to be furnished after
formal solicitation opening/closing only upon request of the City If samples should be requested,such
samples must be received by the City no later than seven (7)calendar days after a formal request is made
1 15 CANCELLATION-The City reserves the right to cancel all formal solicitations before its
opening/closing In the event of bid/proposal cancellation,the Director of Purchasing shall notify all
prospective bidders/proposers and make available a wntten explanation for the cancellation
1 16 CAPITAL EXPENDITURES-Contractor understands that any capital expenditures that the firm
makes,or prepares to make,in order to deliver/perform the goods/services required by the City,is a
business risk which the contractor must assume The City will not be obligated to reimburse amortized or
unamortized capital expenditures,or to maintain the approved status of any contractor If contractor has
been unable to recoup its capital expenditures during the time it is rendering such goods/services,it shall
not have any claim upon the City
1 17 CITY NOT LIABLE FOR DELAYS-It is further expressly agreed that in no event shall the City
be liable for,or responsible to,the Bidder/Proposer/Consultant,any sub-contractor/sub-consultant,or to
any other person for,or on account of,any stoppages or delay in the work herein provided for by injunction
or other legal or equitable proceedings or on account of any delay for any cause over which the City has no
control
1 18 COLLUSION—Bidder/Proposer,by submitting a response,certifies that its response is made without
previous understanding,agreement or connection either with any person,firm or corporation submitting a
response for the same items/services or with the City of Miami's Purchasing Department or initiating
department The Bidder/Proposer certifies that its response is fair,without control,collusion,fraud or other
illegal action Bidder/Proposer certifies that it is in compliance with the Conflict of Interest and Code of
Ethics Laws The City will investigate all potential situations where collusion may have occurred and the
City reserves the right to reject any and all bids/responses where collusion may have occurred
1 19.COMPLIANCE WITH FEDERAL,STATE AND LOCAL LAWS-Contractor understands that
contracts between pnvate entities and local governments are subject to certain laws and regulations,
including laws pertaining to public records,conflict of interest,records keeping,etc City and Contractor
agree to comply with and observe all applicable laws,codes and ordinances as that may in any way affect
the goods or equipment offered,including but not limited to
A Executive Order 11246,which prohibits discrimination against any employee,applicant,or client
because of race,creed,color,national origin,sex,or age with regard to,but not limited to,the following
employment practices,rate of pay or other compensation methods,and training selection
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B Occupational,Safety and Health Act(OSHA),as applicable to this Formal Solicitation
C The State of Florida Statutes,Section 287 133(3)(A)on Public Entity Cnmes
D Environment Protection Agency(EPA),as applicable to this Formal Solicitation
E Uniform Commercial Code(Florida Statutes,Chapter 672)
F Americans with Disabilities Act of 1990,as amended
G National Institute of Occupational Safety Hazards(NIOSH),as applicable to this Formal Solicitation
H National Forest Products Association(NFPA),as applicable to this Formal Solicitation
I City Procurement Ordinance City Code Section 18,Article III
J Conflict of Interest, City Code Section 2-611,61
K Cone of Silence,City Code Section 18-74
L The Florida Statutes Sections 218 73 and 218 74 on Prompt Payment
M First Source Hiring Agreement,City Ordinance No 10032,as applicable to this Formal Solicitation
Implemented to foster the creation of new and permanent jobs for City of Miami residents,requires as a
condition precedent to the execution of service contracts including professional services
Lack of knowledge by the bidder/proposer will in no way be a cause for relief from responsibility
Non-compliance with all local,state,and federal directives,orders,and laws may be considered grounds
for termination of contract(s)
Copies of the City Ordinances may be obtained from the City Clerk's Office
1.20 CONE OF SILENCE-Pursuant to Section 18-74 of the City of Miami Code,a"Cone of Silence" is
imposed upon each RFP,RFQ,RFLI,or IFB after advertisement and terminates at the time the City
Manager issues a written recommendation to the Miami City Commission The Cone of Silence shall be
applicable only to Contracts for the provision of goods and services and public works or improvements for
amounts greater than$200,000 The Cone of Silence prohibits any communication regarding RFPs,RFQs,
RFLI or IFBs(bids)between,among others
Potential vendors,service providers,bidders,lobbyists or consultants and the City's professional staff
including,but not limited to,the City Manager and the City Manager's staff,the Mayor,City
Commissioners,or their respective staffs and any member of the respective selection/evaluation committee
The provision does not apply to,among other communications
oral communications with the City purchasing staff,provided the communication is limited strictly to
matters of process or procedure already contained in the formal solicitation document,the provisions of the
Cone of Silence do not apply to oral communications at duly noticed site visits/inspections,pre-proposal or
pre-bid conferences,oral presentations before selection/evaluation committees,contract negotiations during
any duly noticed public meeting,or public presentations made to the Miami City Commission during a duly
noticed public meeting,or communications in writing or by email at any time with any City employee,
official or member of the City Commission unless specifically prohibited by the applicable RFP,RFQ,
RFLI or 1FB(bid)documents (See Section 2 2 of the Special Conditions),or communications in
connection with the collection of industry comments or the performance of market research regarding a
particular RFP,RFQ,RFLi OR IFB by City Purchasing staff
Proposers or bidders must file a copy of any written communications with the Office of the City Clerk,
which shall be made available to any person upon request The City shall respond in writing and file a copy
with the Office of the City Clerk,which shall be made available to any person upon request Written
communications may be in the form of e-mail,with a copy to the Office of the City Clerk
In addition to any other penalties provided by law,violation of the Cone of Silence by any proposer or
bidder shall render any award voidable A violation by a particular Bidder,Proposer,Offeror,Respondent,
lobbyist or consultant shall subject same to potential penalties pursuant to the City Code Any person
having personal knowledge of a violation of these provisions shall report such violation to the State
Attorney and/or may file a complaint with the Ethics Commission Proposers or bidders should reference
Section 18-74 of the City of Miami Code for further clarification
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This language is only a summary of the key provisions of the Cone of Silence Please review City of
Miami Code Section 18-74 for a complete and thorough descnption of the Cone of Silence You may
contact the City Clerk at 305-250-5360,to obtain a copy of same
121 CONFIDENTIALITY-As a political subdivision,the City of Miami is subject to the Florida
Sunshine Act and Public Records Law If this Contract/Agreement contains a confidentiality provision,it
shall have no application when disclosure is required by Honda law or upon court order
122 CONFLICT OF INTEREST—Bidders/Proposers,by responding to this Formal Solicitation,certify
that to the best of their knowledge or belief,no elected/appointed official or employee of the City of Miami
is financially interested,directly or indirectly,in the purchase of goods/services specified in this Formal
Solicitation Any such interests on the part of the Bidder/Proposer or its employees must be disclosed in
writing to the City Further,you must disclose the name of any City employee who owns,directly or
indirectly,an interest of five percent(5%)or more of the total assets of capital stock in your firm
123 COPYRIGHT OR PATENT RIGHTS—Bidders/Proposers warrant that there has been no violation
of copyright or patent rights in manufactunng,producing,or selling the goods shipped or ordered and/or
services provided as a result of this formal solicitation,and bidders/proposers agree to hold the City
harmless from any and all liability,loss,or expense occasioned by any such violation
1.24 COST INCURRED BY BIDDER/PROPOSER-All expenses involved with the preparation and
submission of Responses to the City,or any work performed in connection therewith shall be borne by the
Bidder(s)/Proposer(s)
125 DEBARMENT AND SUSPENSIONS(Sec 18-107)
(a)Authority and requirement to debar and suspend After reasonable notice to an actual or prospective
Contractual Party,and after reasonable opportunity for such party to be heard,the City Manager,after
consultation with the Chief Procurement Officer and the city attorney,shall have the authority to debar a
Contractual Party,for the causes listed below,from consideration for award of city Contracts The
debarment shall be for a penod of not fewer than three years The City Manager shall also have the
authority to suspend a Contractual Party from consideration for award of city Contracts if there is probable
cause for debarment,pending the debarment determination The authority to debar and suspend contractors
shall be exercised in accordance with regulations which shall be issued by the Chief Procurement Officer
after approval by the City Manager,the city attorney,and the City Commission
(b) Causes for debarment or suspension Causes for debarment or suspension include the following
(1) Conviction for commission of a cnminal offense incident to obtaining or attempting to obtain a
public or pnvate Contract or subcontract,or incident to the performance of such Contract or
subcontract
(2) Conviction under state or federal statutes of embezzlement,theft,forgery,bnbery,falsification
or destruction of records,receiving stolen property,or any other offense indicating a lack of business
integnty or business honesty
(3) Conviction under state or federal antitrust statutes arising out of the submission of Bids or
Proposals
(4) Violation of Contract provisions,which is regarded by the Chief Procurement Officer to be
indicative of nonresponsibility Such violation may include failure without good cause to perform in
accordance with the terms and conditions of a Contract or to perform within the time limits provided in
a Contract,provided that failure to perform caused by acts beyond the control of a party shall not be
considered a basis for debarment or suspension
(5) Debarment or suspension of the Contractual Party by any federal,state or other governmental
entity
(6) False certification pursuant to paragraph(c) below
(7) Found in violation of a zoning ordinance or any other city ordinance or regulation and for
which the violation remains noncompliant
(8) Found in violation of a zoning ordinance or any other city ordinance or regulation and for
which a civil penalty or fine is due and owing to the city
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(9) Any other cause judged by the City Manager to be so serious and compelling as to affect the
responsibility of the Contractual Party performing city Contracts
(c)Certification All Contracts for goods and services,sales,and leases by the city shall contain a
certification that neither the Contractual Party nor any of its principal owners or personnel have been
convicted of any of the violations set forth above or debarred or suspended as set forth in paragraph(b)(5)
(d)Debarment and suspension decisions Subject to the provisions of paragraph(a),the City Manager shall
render a wntten decision stating the reasons for the debarment or suspension A copy of the decision shall
be provided promptly to the Contractual Party,along with a notice of said party's right to seek judicial
relief
i
1 26 DEBARRED/SUSPENDED VENDORS—An entity or affiliate who has been placed on the State of
Florida debarred or suspended vendor list may not submit a response on a contract to provide goods or
services to a public entity,may not submit a response on a contract with a public entity for the construction
or repair of a public building or public work,may not submit response on leases of real property to a public
entity,may not award or perform work as a contractor,supplier,subcontractor,or consultant under contract
with any public entity,and may not transact business with any public entity
127 DEFAULT/FAILURE TO PERFORM-The City shall be the sole judge of nonperformance,which
shall include any failure on the part of the successful Bidder/Proposer to accept the award,to furnish
required documents,and/or to fulfill any portion of this contract within the time stipulated
Upon default by the successful Bidder/Proposer to meet any terms of this agreement,the City will notify
the Bidder/Proposer of the default and will provide the contractor three(3)days(weekends and holidays
excluded)to remedy the default Failure on the contractor's part to correct the default within the required
three(3)days shall result in the Contract being terminated and upon the City notifying in writing the
contractor of its intentions and the effective date of the termination The following shall constitute default
A Failure to perform the work or deliver the goods/services required under the Contract and/or within the
time required or failing to use the subcontractors,entities and personnel as identified and set forth,and to
the degree specified in the Contract
B Failure to begin the work under this Contract within the time specified
C Failure to perform the work with sufficient workers and equipment or with sufficient materials to
ensure timely completion
D Neglecting or refusing to remove matenals or perform new work where prior work has been rejected as
nonconforming with the terms of the Contract
E Becoming insolvent,being declared bankrupt,or committing any act of bankruptcy or insolvency,or
making an assignment for the benefit of creditors,if the insolvency,bankruptcy,or assignment renders the
successful Bidder/Proposer incapable of performing the work in accordance with and as required by the
Contract
F Failure to comply with anyof the terms of the Contract in anymatenal respect
PY
All costs and charges incurred by the City as a result of a default or a default incurred beyond the time
limits stated,together with the cost of completing the work,shall be deducted from any monies due or
which may become due on this Contract
128 DETERMINATION OF RESPONSIVENESS-Each Response will be reviewed to determine if it
is responsive to the submission requirements outlined in the Formal Solicitation A"responsive"response is
one which follows the requirements of the formal solicitation,includes all documentation,is submitted in
the format outlined in the formal solicitation,is of timely submission,and has appropnate signatures as
required on each document Failure to comply with these requirements may deem a Response
non-responsive
129 DISCOUNTS OFFERED DURING TERM OF CONTRACT- Discount Prices offered in the
response shall be fixed after the award by the Commission,unless otherwise specified in the Special Terms
and Conditions Price discounts off the original prices quoted in the response will be accepted from
successful Bidder(s)/Proposer(s)during the term of the contract Such discounts shall remain in effect for
a minimum of 120 days from approval by the City Commission Any discounts offered by a manufacturer
to Bidder/Proposer will be passed on to the City
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130 DISCREPANCIES,ERRORS,AND OMISSIONS-Any discrepancies,errors,or ambiguities in
the Formal Solicitation or addenda(if any)should be reported in writing to the City's Purchasing
Department Should it be found necessary,a written addendum will be incorporated in the Formal
Solicitation and will become part of the purchase agreement(contract documents) The City will not be
responsible for any oral instructions,clarifications,or other communications
A Order of Precedence—Any inconsistency in this formal solicitation shall be resolved by giving
precedence to the following documents,the first of such list being the governing documents
1)Addenda(as applicable)
2)Specifications
3)Special Conditions
4)General Terms and Conditions
131 EMERGENCY/DISASTER PERFORMANCE- In the event of a hurricane or other emergency
or disaster situation,the successful vendor shall provide the City with the commodities/services defined
within the scope of this formal solicitation at the price contained within vendor's response Further,
successful vendor shall deliver/perform for the city on a priority basis during such times of emergency
132 ENTIRE BID CONTRACT OR AGREEMENT-The Bid Contract or Agreement consists of this
City of Miami Formal Solicitation and specifically this General Conditions Section,Contractor's Response
and any wntten agreement entered into by the City of Miami and Contractor in cases involving RFPs,
RFQs,and RFLIs,and represents the entire understanding and agreement between the parties with respect
to the subject matter hereof and supersedes all other negotiations,understanding and representations,if any,
made by and between the parties To the extent that the agreement conflicts with,modifies,alters or
changes any of the terms and conditions contained in the Formal Solicitation and/or Response,the Formal
Solicitation and then the Response shall control This Contract may be modified only by a written
agreement signed by the City of Miami and Contractor
133 ESTIMATED QUANTITIES—Estimated quantities or estimated dollars are provided for your
guidance only No guarantee is expressed or implied as to quantities that will be purchased during the
contract period The City is not obligated to place an order for any given amount subsequent to the award
of this contract Said estimates may be used by the City for purposes of determining the low bidder or most
advantageous proposer meeting specifications The City reserves the right to acquire additional quantities
at the prices bid/proposed or at lower prices in this Formal Solicitation
134 EVALUATION OF RESPONSES
A Reiection of Responses
The City may reject a Response for any of the following reasons
1) Bidder/Proposer fails to acknowledge receipt of addenda,
2) Bidder/Proposer mistates or conceals any material fact in the Response,
3) Response does not conform to the requirements of the Formal Solicitation,
4) Response requires a conditional award that conflicts with the method of award,
5) Response does not include required samples,certificates,licenses as required,and,
6) Response was not executed by the Bidder's/Proposer(s)authonzed agent
The foregoing is not an all inclusive list of reasons for which a Response may be rejected The City may
reject and re-advertise for all or any part of the Formal Solicitation whenever it is deemed in the best
interest of the City
B Elimination From Consideration
1) A contract shall not be awarded to any person or firm which is in arrears to the City upon any debt or
contract,or which is a defaulter as surety or otherwise upon any obligation to the City
2) A contract may not be awarded to any person or firm which has failed to perform under the terms and
conditions of any previous contract with the City or deliver on time contracts of a similar nature
3) A contract may not be awarded to any person or firm which has been debarred by the City in
accordance with the City's Debarment and Suspension Ordinance
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C Determination of Responsibility
1) Responses will only be considered from entities who are regularly engaged in the business of providing
the goods/equipment/services required by the Formal Solicitation Bidder/Proposer must be able to
demonstrate a satisfactory record of performance and integrity,and,have sufficient financial, material,
equipment,facility,personnel resources, and expertise to meet all contractual requirements The terms
"equipment and organization"as used herein shall be construed to mean a fully equipped and well
established entity in line with the best industry practices in the industry as determined by the City
2) The City may consider any evidence available regarding the financial,technical and other qualifications
and abilities of a Bidder/Proposer,including past performance(expenence)with the City or any other
governmental entity in making the award
3) The City may require the Bidder(s)/Proposer(s)to show proof that they have been designated as an
authorized representative of a manufacturer or supplier which is the actual source of supply,if required by
the Formal Solicitation
135 EXCEPTIONS TO GENERAL AND/OR SPECIAL CONDITIONS OR SPECIFICATIONS-
Exceptions to the specifications shall be listed on the Response and shall reference the section Any
exceptions to the General or Special Conditions shall be cause for the bid(IFB)to be considered
non-responsive It also may be cause for a RFP,RFQ,or RFLI to be considered non-responsive,and,if
exceptions are taken to the terms and conditions of the resulting agreement it may lead to terminating
negotiations
136 F 0 B DESTINATION-Unless otherwise specified in the Formal Solicitation,all pnces
quoted/proposed by the bidder/proposer must be F 0 B DESTINATION,inside delivery,with all delivery
costs and charges included in the bid/proposal price,unless otherwise specified in this Formal
Solicitation Failure to do so may be cause for rejection of bid/proposal
1.37 FIRM PRICES-The bidder/proposer warrants that prices,terms,and conditions quoted in its
response will be firm throughout the duration of the contract unless otherwise specified in the Formal
Solicitation Such prices will remain firm for the period of performance or resulting purchase orders or
contracts,which are to be performed or supplied over a period of time
138 FIRST-SOURCE HIRING AGREEMENT(Sec 18-105)
(a) The Commission approves implementation of the first-source hinng agreement policy and requires
as a condition precedent to the execution of service contracts for facilities,services,and/or receipt of grants
and loans,for projects of a nature that create new jobs,the successful negotiation of first-source hiring
agreements between the organization or individual receiving said contract and the authorized representative
unless such an agreement is found infeasible by the city manager and such finding approved by the City
Commission at a public hearing
(b) For the purpose of this section,the following terms,phrases,words and their denvations shall have
the following meanings
Authonzed representative means the Private Industry Council of South Flonda/South Honda Employment
and Training Consortium,or its successor as local recipient of federal and state training and employment
funds
Facilities means all publicly financed projects,including but without limitation,unified development
projects,municipal public works,and municipal improvements to the extent they are financed through
public money services or the use of publicly owned property
Grants and loans means,without limitation,urban development action grants(UDAG),economic
development agency construction loans,loans from Miami Capital Development,Incorporated,and all
federal and state grants administered by the city
Service contracts means contracts for the procurement of services by the city which include professional
services
Services includes,without limitation,public works improvements,facilities,professional services,
commodities,supplies,materials and equipment
(c) The authorized representative shall negotiate each first-source hiring agreement
(d) The pnmary beneficianes of the first-source hiring agreement shall be participants of the city
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training and employment programs,and other residents of the city
1.39 FLORIDA MINIMUM WAGE-The Constitution of the State of Florida,Article X,Section 24,
states that employers shall pay employee wages no less than the minimum wage for all hours worked in
Florida Accordingly,it is the contractor's and its' subcontractor(s)responsibility to understand and
comply with this Florida constitutional minimum wage requirement and pay its employees the current
established hourly minimum wage rate,which is subject to change or adjusted by the rate of inflation using
the consumer pnce index for urban wage earners and clencal workers,CPI-W,or a successor index as
calculated by the United States Department of Labor Each adjusted minimum wage rate calculated shall
be determined and published by the Agency Workforce Innovation on September 30th of each year and
take effect on the following January 1st
At the time of responding,it is bidder/proposer and his/her subcontractor(s),if applicable,full
responsibility to determine whether any of its employees may be impacted by this Honda Law at any given
point in time dunng the term of the contract If impacted,bidder/proposer must furnish employee name(s),
job title(s),job description(s),and current pay rate(s) Failure to submit this information at the time of
submitting a response constitute successful bidder's/proposer's acknowledgement and understanding that
the Florida Minimum Wage Law will not impact its prices throughout the term of contract and waiver of
any contractual price increase request(s) The City reserves the nght to request and successful
bidder/proposer must provide for any and all information to make a wage and contractual price increase(s)
determination
140 GOVERNING LAW AND VENUE-The validity and effect of this Contract shall be governed by
the laws of the State of Florida The parties agree that any action,mediation or arbitration arising out of this
Contract shall take place in Miami-Dade County,Florida
141 HEADINGS AND TERMS-The headings to the vanous paragraphs of this Contract have been
inserted for convenient reference only and shall not in any manner be construed as modifying,amending or
affecting in any way the expressed terms and provisions hereof
142 HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT(HIPPA)-Any
person or entity that performs or assists the City of Miami with a function or activity involving the use or
disclosure of"individually identifiable health Information(IIHI)and/or Protected Health Information(PHI)
shall comply with the Health Insurance Portability and Accountability Act(HIPAA)of 1996 and the City
of Miami Privacy Standards HIPAA mandates for pnvacy,secunty and electronic transfer standards,
which include but are not limited to
A.Use of information only for performing services required by the contract or as required by law,
B Use of appropnate safeguards to prevent non-permitted disclosures,
C Reporting to the City of Miami of any non-permitted use or disclosure,
D Assurances that any agents and subcontractors agree to the same restnctions and conditions that apply to
the Bidder/Proposer and reasonable assurances that IIHI/PHI will be held confidential,
E Making Protected Health Information(PHI)available to the customer,
F Making PHI available to the customer for review and amendment,and incorporating any amendments
requested by the customer,
G Making PHI available to the City of Miami for an accounting of disclosures,and
H Making internal practices,books and records related to PHI available to the City of Miami for
compliance audits
PHI shall maintain its protected status regardless of the form and method of transmission(paper records,
and/or electronic transfer of data) The Bidder/Proposer must give its customers written notice of its
pnvacy information practices including specifically,a descnption of the types of uses and disclosures that
would be made with protected health information
143 INDEMNIFICATION-The Contractor shall indemnify and save harmless forever the City,and all
the City's agents,officers and employees from and against all charges or claims resulting from any bodily
injury,loss of life,or damage to property from any act,omission or neglect,by itself or its employees,the
Contractor shall become defendant in every suit brought for any of such causes of action against the City or
the City's officials,agents and employees,the Contractor shall further indemnify City as to all costs,
attorney's fees,expenses and liabilities incurred in the defense of any such claims and any resulting
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investigation
144 INFORMATION AND DESCRIPTIVE LITERATURE—Bidders/Proposer must furnish all
information requested in the spaces provided in the Formal Solicitation Further,as may be specified
elsewhere,each Bidder/Proposer must submit for evaluation,cuts,sketches,descnptive literature,technical
specifications,and Material Safety Data Sheets(MSDS)as required,covering the products offered
Reference to literature submitted with a previous response or on file with the Buyer will not satisfy this
provision
145 INSPECTIONS-The City may,at reasonable times during the term hereof,inspect Contractor's
facilities and perform such tests,as the City deems reasonably necessary,to determine whether the goods
and/or services required to be provided by the Contractor under this Contract conform to the terms and
conditions of the Formal Solicitation Contractor shall make available to the City all reasonable facilities
and assistance to facilitate the performance of tests or inspections by City representatives All tests and
inspections shall be subject to,and made in accordance with,the provisions of the City of Miami Ordinance
No 12271 (Section 18-79),as same may be amended or supplemented from time to time
146 INSPECTION OF RESPONSE-Responses received by the City pursuant to a Formal Solicitation
will not be made available until such time as the City provides notice of a decision or intended decision or
within 10 days after bid closing,whichever is earlier Bid/Proposal results will be tabulated and may be
furnished upon request via fax or e-mail to the Sr Procurement Specialist issuing the Solicitation
Tabulations also are available on the City's Web Site following recommendation for award
147.INSURANCE-Within ten(10)days after receipt of Notice of Award,the successful Contractor,
shall furnish Evidence of Insurance to the Purchasing Department,if applicable Submitted evidence of
coverage shall demonstrate strict compliance to all requirements listed on the Special Conditions entitled
"Insurance Requirements" The City shall be listed as an"Additional Insured"
Issuance of a Purchase Order is contingent upon the receipt of proper insurance documents If the
insurance certificate is received within the specified time frame but not in the manner prescribed in this
Solicitation the Contractor shall be verbally notified of such deficiency and shall have an additional five(5)
calendar days to submit a corrected certificate to the City If the Contractor fails to submit the required
insurance documents in the manner prescribed in this Solicitation within fifteen(15)calendar days after
receipt Notice of Award,the contractor shall be in default of the contractual terms and conditions and shall
not be awarded the contract Under such circumstances,the Bidder/Proposer may be prohibited from
submitting future responses to the City Information regarding any insurance requirements shall be directed
to the Risk Administrator,Department of Risk Management,at 4-44 SW 2nd Avenue,9th Floor,Miami,
g
Honda 33130,305-416-1604
The Bidder/Proposer shall be responsible for assunng that the insurance certificates required in
conjunction with this Section remain in effect for the duration of the contractual penod,including any and
all option terms that may be granted to the Bidder/Proposer
148 INVOICES-Invoices shall contain purchase order number and details of goods and/or services
delivered (i e quantity,unit price,extended price,etc),and in compliance with Chapter 218 of the Florida
Statutes(Prompt Payment Act)
149 LOCAL PREFERENCE-City Code Section 18-85,states that the City Commission may offer to a
responsible and responsive bidder/proposer,who maintains a Local Office,the opportunity of accepting a
bid at the low bid amount,if the onginal bid amount submitted by the local vendor is not more than ten
percent(10%)in excess of the lowest other responsible and responsive bidder/proposer
150 MANUFACTURER'S CERTIFICATION-The City reserves the right to request from
bidders/proposers a separate Manufacturer's Certification of all statements made in the bid/proposal
Failure to provide such certification may result in the rejection of bid/proposal or termination of
contract/agreement,for which the bidder/proposer must bear full liability
151 MODIFICATIONS OR CHANGES IN PURCHASE ORDERS AND CONTRACTS-No
contract or understanding to modify this Formal Solicitation and resultant purchase orders or contracts,if
applicable,shall be binding upon the City unless made in writing by the Director of Purchasing of the City
of Miami,Honda through the issuance of a change order,addendum,amendment,or supplement to the
contract,purchase order or award sheet as appropnate
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1 52 NO PARTNERSHIP OR JOINT VENTURE-Nothing contained in this Contract will be deemed
or construed to create a partnership or joint venture between the City of Miami and Contractor,or to create
any other similar relationship between the parties
153 NONCONFORMANCE TO CONTRACT CONDITIONS- Items may be tested for compliance
with specifications under the direction of the Florida Department of Agriculture and Consumer Services or
by other appropriate testing Laboratories as determined by the City The data denved from any test for
compliance with specifications is public record and open to examination thereto in accordance with
Chapter 119,Honda Statutes Items delivered not conforming to specifications may be rejected and
returned at Bidder's/Proposer's expense These non-conforming items not delivered as per delivery date in
the response and/or Purchase Order may result in bidder/proposer being found in default in which event
any and all re-procurement costs may be charged against the defaulted contractor Any violation of these
stipulations may also result in the supplier's name being removed from the City of Miami's Supplier's list
154 NONDISCRIMINATION—Bidder/Proposer agrees that it shall not discriminate as to race,sex,
color,age,religion,national'origin,marital status,or disability in connection with its performance under
this formal solicitation Furthermore,Bidder/Proposer agrees that no otherwise qualified individual shall
solely by reason of his/her race,sex,color,age,religion,national origin,marital status or disability be
excluded from the participation in,be denied benefits of,or be subjected to, discrimination under any
program or activity
In connection with the conduct of its business,including performance of services and employment of
personnel,Bidder/Proposer shall not discriminate against any person on the basis of race,color,religion,
disability,age,sex,marital status or national origin All persons having appropriate qualifications shall be
afforded equal opportunity for employment
155 NON-EXCLUSIVE CONTRACT/PIGGYBACK PROVISION -At such times as may serve its
best interest,the City of Miami reserves the nght to advertise for,receive,and award additional contracts
for these herein goods and/or services,and to make use of other competitively bid(governmental)
contracts,agreements,or other similar sources for the purchase of these goods and/or services as may be
available
It is hereby agreed and understood that this formal solicitation does not constitute the exclusive nghts of
the successful bidder(s)/proposer(s)to receive all orders that may be generated by the City in conjunction
with this Formal Solicitation
In addition,any and all commodities,equipment,and services required by the City in conjunction with
construction projects are solicited under a distinctly different solicitation process and shall not be purchased
under the terms,conditions and awards rendered under this solicitation,unless such purchases are
determined to be in the best interest of the City
156 OCCUPATIONAL LICENSE-Any person,firm,corporation or joint venture,with a business
location in the City of Miami and is submitting a Response under this Formal Solicitation shall meet the
City's Occupational License Tax requirements in accordance with Chapter 31 1,Article I of the City of
Miami Charter Others with a location outside the City of Miami shall meet their local Occupational
License Tax requirements A copy of the license must be submitted with the response,however,the City
may at its sole option and in its best interest allow the Bidder/Proposer to supply the license to the City
during the evaluation penod,but prior to award
157 ONE PROPOSAL-Only one(1)Response from an individual,firm,partnership,corporation or
joint venture will be considered in response to this Formal Solicitation When submitting an alternate
response,please refer to the herein condition for"Alternate Responses May Be Considered"
1 58 OWNERSHIP OF DOCUMENTS-It is understood by and between the parties that any documents,
records,files,or any other matter whatsoever which is given by the City to the successful Bidder/Proposer
pursuant to this formal solicitation shall at all times remain the property of the City and shall not be used by
the Bidder/Proposer for any other purposes whatsoever without the wntten consent of the City
159 PARTIAL INVALIDITY-If any provision of this Contract or the application thereof to any person
or circumstance shall to any extent be held invalid,then the remainder of this Contract or the application of
such provision to persons or circumstances other than those as to which it is held invalid shall not be
affected thereby,and each provision of this Contract shall be valid and enforced to the fullest extent
permitted by law
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1.60 PERFORMANCE/PAYMENT BOND—A Contractor may be required to furnish a
Performance/Payment Bond as part of the requirements of this Contract,in an amount equal to one hundred
percent(100%)of the contract pnce
161 PREPARATION OF RESPONSES(HARDCOPY FORMAT)—Bidders/Proposers are expected to
examine the specifications,required delivery,drawings,and all special and general conditions All
bid/proposed amounts,if required,shall be either typewntten or entered into the space provided with ink
Failure to do so will be at the Bidder's/Proposer's risk
A Each Bidder/Proposer shall furnish the information required in the Formal Solicitation The
Bidder/Proposer shall sign the Response and print in ink or type the name of the Bidder/Proposer,address,
and telephone number on the face page and on each continuation sheet thereof on which he/she makes an
entry,as required
B If so required,the unit price for each unit offered shall be shown,and such price shall include
packaging,handling and shipping,and F 0 B Miami delivery inside City premises unless otherwise
specified Bidder/Proposer shall include in the response all taxes,insurance,social secunty,workmen's
compensation,and any other benefits normally paid by the Bidder/Proposer to its employees If
applicable,a unit pnce shall be entered in the"Unit Price"column for each item Based upon estimated
quantity,an extended price shall be entered in the"Extended Price"column for each item offered In case
of a discrepancy between the unit pnce and extended price,the unit price will be presumed correct
C The Bidder/Proposer must state a definite time,if required,in calendar days for delivery of goods
and/or services
D The Bidder/Proposer should retain a copy of all response documents for future reference
E All responses,as described,must be fully completed and typed or pnnted in ink and must be signed in
ink with the firm's name and by an officer or employee having authority to bind the company or firm by
his/her signature Bids/Proposals having any erasures or corrections must be initialed in ink by person
signing the response or the response may be rejected
F Responses are to remain valid for at least 180 days Upon award of a contract,the content of the
Successful Bidder's/Proposer's response may be included as part of the contract,at the City's discretion
G The City of Miami's Response Forms shall be used when Bidder/Proposer is submitting its response in
hardcopy format Use of any other forms will result in the rejection of the response IF SUBMITTING
HARDCOPY FORMAT,THE ORIGINAL AND THREE(3)COPIES OF THESE SETS OF FORMS,
UNLESS OTHERWISE SPECIFIED,AND ANY REQUIRED ATTACHMENTS MUST BE
RETURNED TO THE CITY OR YOUR RESPONSE MAY BE DEEMED NON-RESPONSIVE
1 62 PRICE ADJUSTMENTS—Any pnce decrease effectuated during the contract penod either by
reason of market change or on the part of the contractor to other customers shall be passed on to the City of
Miami
163 PRODUCT SUBSTITUTES-In the event a particular awarded and approved manufacturer's
product becomes unavailable during the term of the Contract,the Contractor awarded that item may
arrange with the City's authorized representative(s)to supply a substitute product at the awarded price or
lower,provided that a sample is approved in advance of delivery and that the new product meets or exceeds ,
all quality requirements
164 CONFLICT OF INTEREST,AND UNETHICAL BUSINESS PRACTICE PROHIBITIONS-
Contractor represents and warrants to the City that it has not employed or retained any person or company
employed by the City to solicit or secure this Contract and that it has not offered to pay,paid,or agreed to
pay any person any fee,commission,percentage,brokerage fee,or gift of any kind contingent upon or in
connection with,the award of this Contract
165 PROMPT PAYMENT—Bidders/Proposers may offer a cash discount for prompt payment,however,
discounts shall not be considered in determining the lowest net cost for response evaluation purposes
Bidders/Proposers are required to provide their prompt payment terms in the space provided on the Formal
Solicitation If no prompt payment discount is being offered,the Bidder/Proposer must enter zero(0)for
the percentage discount to indicate no discount If the Bidder/Proposer fails to enter a percentage,it is
understood and agreed that the terms shall be 2%20 days,effective after receipt of invoice or final
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acceptance by the City,whichever is later
When the City is entitled to a cash discount,the period of computation will commence on the date of
delivery,or receipt of a correctly completed invoice,whichever is later If an adjustment in payment is
necessary due to damage,the cash discount period shall commence on the date final approval for payment
is authorized If a discount is part of the contract,but the invoice does not reflect the existence of a cash
discount,the City is entitled to a cash discount with the period commencing on the date it is determined by
the City that a cash discount applies
Price discounts off the onginal prices quoted on the Price Sheet will be accepted from successful
bidders/proposers dunng the term of the contract
166 PROPERTY-Property owned by the City of Miami is the responsibility of the City of Miami Such
property furnished to a Contractor for repair,modification,study,etc ,shall remain the property of the City
of Miami Damages to such property occurring while in the possession of the Contractor shall be the
responsibility of the Contractor Damages occurring to such property while in route to the City of Miami
shall be the responsibility of the Contractor In the event that such property is destroyed or declared a total
loss,the Contractor shall be responsible for replacement value of the property at the current market value,
less depreciation of the property,if any
167 PROVISIONS BINDING-Except as otherwise expressly provided in the resulting Contract,all
covenants,conditions and provisions of the resulting Contract shall be binding upon and shall inure to the
benefit of the parties hereto and their respective heirs,legal representatives,successors and assigns
168 PUBLIC ENTITY CRIMES-A person or affiliate who has been placed on the convicted vendor list
following a conviction for a public entity crime may not submit a response on a contract to provide any
goods or services to a public entity,may not submit a response on a contract with a public entity for the
construction or repair of a public building or public work,may not submit responses on leases of real
property to a public entity,may not be awarded or perform work as a contractor,supplier,subcontractor,or
consultant under a contract with any public entity,and may not transact business with any public entity in
excess of the threshold amount provided in Section 287 017,for CATEGORY TWO for a penod of 36
months from the date of being placed on the convicted vendor list
169 PUBLIC RECORDS-Contractor understands that the public shall have access,at all reasonable
times,to all documents and information pertaining to City contracts,subject to the provisions of Chapter
119,Honda Statutes,and City of Miami Code,Section 18,Article III,and agrees to allow access by the
City and the public to all documents subject to disclosure under applicable law Contractor's failure or
refusal to comply with the provision of this section shall result in the immediate cancellation of this
Contract by the City
170 QUALITY OF GOODS,MATERIALS,SUPPLIES,PRODUCTS,AND EQUIPMENT-All
matenals used in the manufacturing or construction of supplies,materials,or equipment covered by this
solicitation shall be new The items bid/proposed must be of the latest make or model,of the best quality,
and of the highest grade of workmanship,unless as otherwise specified in this Solicitation
171 QUALITY OF WORK/SERVICES-The work/services performed must be of the highest quality
and workmanship Materials furnished to complete the service shall be new and of the highest quality
except as otherwise specified in this Solicitation
172 REMEDIES PRIOR TO AWARD(Sec 18-106)-If prior to Contract award it is determined that a
formal solicitation or proposed award is in violation of law,then the solicitation or proposed award shall be
cancelled by the City Commission,the City Manager or the Chief Procurement Officer,as may be
applicable,or revised to comply with the law
173.RESOLUTION OF CONTRACT DISPUTES (Sec 18-105)
(a)Authority to resolve Contract disputes The City Manager,after obtaining the approval of the city
attorney,shall have the authority to resolve controversies between the Contractual Party and the city which
arise under,or by virtue of,a Contract between them, provided that,in cases involving an amount greater
than$25,000,the City Commission must approve the City Manager's decision Such authority extends,
without limitation,to controversies based upon breach of Contract,mistake,misrepresentation or lack of
complete performance,and shall be invoked by a Contractual Party by submission of a protest to the City
Manager
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(b)Contract dispute decisions If a dispute is not resolved by mutual consent,the City Manager shall
promptly render a written report stating the reasons for the action taken by the City Commission or the City
Manager which shall be final and conclusive A copy of the decision shall be immediately provided to the
protesting party,along with a notice of such party's right to seek judicial relief,provided that the protesting
party shall not be entitled to such judicial relief without first having followed the procedure set forth in this
section
174 RESOLUTION OF PROTESTED SOLICITATIONS AND AWARDS(Sec 18-104)
(a) Right to protest The following procedures shall be used for resolution of protested solicitations and
awards except for purchases of goods,supplies,equipment,and services,the estimated cost of which does
not exceed$25,000
Protests thereon shall be governed by the Administrative Policies and Procedures of Purchasing
1 Protest of Sohcitaton
Any prospective proposer who perceives itself aggneved in connection with the solicitation of a Contract
may protest to the Chief Procurement Officer A written notice of intent to file a protest shall be filed with
the Chief Procurement Officer within three days after the Request for Proposals,Request for Qualifications
or Request for Letters of Interest is published in a newspaper of general circulation A notice of intent to
file a protest is considered filed when received by the Chief Procurement Officer,or
u Any prospective bidder who intends to contest the Solicitation Specifications or a solicitation may
protest to the Chief Procurement Officer A written notice of intent to file a protest shall be filed with the
Chief Procurement Officer,within three days after the solicitation is published in a newspaper of general
circulation A notice of intent to file a protest is considered filed when received by the Chief Procurement
Officer
2 Protest of Award
t A written notice of intent to file a protest shall be filed with the Chief Procurement Officer within two
days after receipt by the proposer of the notice of the City Manager's recommendation for award of
Contract,which will be posted on the City of Miami Purchasing Department website,in the Supplier
Corner,Current Solicitations and Notice of Recommendation of Award Section The notice of the City
Manager's recommendation can be found by selecting the details of the solicitation and is listed as
Recommendation of Award Posting Date and Recommendation of Award To fields If"various"is
indicated in the Recommendation of Award To field,the Bidder/Proposer must contact the buyer for that
solicitation to obtain the suppliers name It shall be the responsibility of the Bidder/Proposer to check this
section of the website daily after responses are submitted to receive the notice,or
u Any actual Responsive and Responsible Bidder whose Bid is lower than that of the recommended bidder
may protest to the Chief Procurement Officer A written notice of intent to file a protest shall be filed with
the Chief Procurement Officer within two days after receipt by the bidder of the notice of the city's
determination of non responsiveness or non responsibility The receipt by bidder of such notice shall be
confirmed by the city by facsimile or electronic mail or U S mail,return receipt requested A notice of
intent to file a protest is considered filed when received by the Chief Procurement Officer
in A wntten protest based on any of the foregoing must be submitted to the Chief Procurement Officer
within five(5)days after the date the notice of protest was filed A written protest is considered filed when
received by the Chief Procurement Officer
The wntten protest may not challenge the relative weight of the evaluation cntena or the formula for
assigning points in making an award determination
The written protest shall state with particulanty the specific facts and law upon which the protest of the
solicitation or the award is based,and shall include all pertinent documents and evidence and shall be
accompanied by the required Filing Fee as provided in subsection(f) This shall form the basis for review
of the written protest and no facts,grounds,documentation or evidence not contained in the protester's
submission to the Chief Procurement Officer at the time of filing the protest shall be permitted in the
consideration of the written protest
No time will be added to the above limits for service by mail In computing any period of time prescribed
or allowed by this section,the day of the act,event or default from which the designated period of time
begins to run shall not be included The last day of the period so computed shall be included unless it is a
Saturday,Sunday or legal holiday in which event the penod shall run until the end of the next day which is
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neither a Saturday,Sunday or legal holiday Intermediate Saturdays,Sundays and legal holidays shall be
excluded in the computation of the time for filing
(b)Authonty to resolve protests The Chief Procurement Officer shall have the authority,subject to the
approval of the City Manager and the city attorney,to settle and resolve any wntten protest The Chief
Procurement Officer shall obtain the requisite approvals and communicate said decision to the protesting
party and shall submit said decision to the City Commission within 30 days after he/she receives the
protest In cases involving more than$25,000,the decision of the Chief Procurement Officer shall be
submitted for approval or disapproval thereof to the City Commission after a favorable recommendation by
the city attorney and the City Manager
(c)Compliance with filing requirements Failure of a party to timely file either the notice of intent to file a
protest or the written protest,together with the required Filing Fee as provided in subsection(0,with the
Chief Procurement Officer within the time provided in subsection(a),above,shall constitute a forfeiture of
such party's right to file a protest pursuant to this section The protesting party shall not be entitled to seek
judicial relief without first having followed the procedure set forth in this section
(d)Stay of Procurements during protests Upon receipt of a written protest filed pursuant to the
requirements of this section,the city shall not proceed further with the solicitation or with the award of the
Contract until the protest is resolved by the Chief Procurement Officer or the City Commission as provided
in subsection(b)above,unless the City Manager makes a written determination that the solicitation process
or the Contract award must be continued without delay in order to avoid an immediate and serious danger
to the public health,safety or welfare
(e)Costs All costs accruing from a protest shall be assumed by the protestor
(f)Filing Fee The wntten protest must be accompanied by a filing fee in the form of a money order or
cashier's check payable to the city in an amount equal to one percent of the amount of the Bid or proposed
Contract,or$5000 00,whichever is less,which filing fee shall guarantee the payment of all costs which
maybe adjudged against the protestor in any administrative or court proceeding If a protest is upheld by
the Chief Procurement Officer and/or the City Commission,as applicable,the filing fee shall be refunded
to the protestor less any costs assessed under subsection(e)above If the protest is denied,the filing fee
shall be forfeited to the city in lieu of payment of costs for the administrative proceedings as prescnbed by
subsection(e)above
175 SAMPLES-Samples of items,when required,must be submitted within the time specified at no
expense to the City If not destroyed by testing,bidder(s)/proposer(s)will be notified to remove samples,
at their expense,within 30 days after notification Failure to remove the samples will result in the samples
becoming the property of the City
1.76 SELLING,TRANSFERRING OR ASSIGNING RESPONSIBILITIES-Contractor shall not sell,
assign,transfer or subcontract at any time during the term of the Contract,or any part of its operations,or
assign any portion of the performance required by this contract,except under and by virtue of wntten
permission granted by the City through the proper officials,which may be withheld or conditioned,in the
City's sole discretion
177 SERVICE AND WARRANTY—When specified,the bidder/proposer shall define all warranty,
service and replacements that will be provided Bidders/Proposer must explain on the Response to what
extent warranty and service facilities are available A copy of the manufacturer's warranty,if applicable,
should be submitted with your response
1.78 SILENCE OF SPECIFICATIONS-The apparent silence of these specifications and any
supplemental specification as to any detail or the omission from it of detailed description concerning any
point shall be regarded as meaning that only the best commercial practices are to prevail and that only
matenals of first quality and correct type,size and design are to be used All workmanship and services is
to be first quality
All interpretations of these specifications shall be made upon the basis of this statement
if your firm has a current contract with the State of Honda,Department of General Services,to supply the
items on this solicitation,the bidder/proposer shall quote not more than the contract price,failure to comply
with this request will result in disqualification of bid/proposal
1 79 SUBMISSION AND RECEIPT OF RESPONSES-Responses shall be submitted electronically via
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the Oracle System or responses may be submitted in hardcopy format to the City Clerk,City Hall,3500
Pan American Drive,Miami,Florida 33133-5504,at or before,the specified closing date and time as
designated in the IFB,RFP,RFQ,or RFLI NO EXCEPTIONS Bidders/Proposers are welcome to attend
the solicitation closing, however,no award will be made at that time
A Hardcopy responses shall be enclosed in a sealed envelope,box package The face of the envelope,
box or package must show the hour and date specified for receipt of responses,the solicitation number and
title,and the name and return address of the Bidder/Proposer Hardcopy responses not submitted on the
requisite Response Forms may be rejected Hardcopy responses received at any other location than the
specified shall be deemed non-responsive
Directions to City Hall
FROM THE NORTH I-95 SOUTH UNTIL IT TURNS INTO US1 US1 SOUTH TO 27TH AVE,
TURN LEFT,PROCEED SOUTH TO SO BAYSHORE DR (3RD TRAFFIC LIGHT),TURN LEFT, 1
BLOCK TURN RIGHT ON PAN AMERICAN DR CITY HALL IS AT THE END OF PAN
AMERICAN DR PARKING IS ON RIGHT
FROM THE SOUTH US 1 NORTH TO 27TH AVENUE,TURN RIGHT,PROCEED SOUTH TO SO
BAYSHORE DR (3RD TRAFFIC LIGHT),TURN LEFT, 1 BLOCK TURN RIGHT ON PAN
AMERICAN DR CITY HALL IS AT THE END OF PAN AMERICAN DR PARKING IS ON RIGHT
B Facsimile responses will not be considered
C Failure to follow these procedures is cause for rejection of bid/proposal
D The responsibility for obtaining and submitting a response on or before the close date is solely and
strictly the responsibility of Bidder/Proposer The City of Miami is not responsible for delays caused by
the United States mail delivery or caused by any other occurrence Responses received after the
solicitation closing date and time will be returned unopened,and will not be considered for award
E Late responses will be rejected
F All responses are subject to the conditions specified herein Those which do not comply with these
conditions are subject to rejection
G Modification of responses already submitted will be considered only if received at the City before the
time and date set for closing of solicitation responses All modifications must be submitted via the Oracle
System or in writing Once a solicitation closes(closed date and/or time expires),the City will not consider
any subsequent submission which alters the responses
H If hardcopy responses are submitted at the same time for different solicitations,each response must be
placed in a separate envelope,box,or package and each envelope,box or package must contain the
information previously stated in 1 82A
180 TAXES-The City of Miami is exempt from any taxes imposed by the State and/or Federal
Government Exemption certificates will be provided upon request Notwithstanding,Bidders/Proposers
should be aware of the fact that all materials and supplies which are purchased by the Bidder/Proposer for
the completion of the contract is subject to the Honda State Sales Tax in accordance with Section 212 08,
Florida Statutes,as amended and all amendments thereto and shall be paid solely by the Bidder/Proposer
181 TERMINATION—The City Manager on behalf of the City of Miami reserves the nght to terminate
this contract by written notice to the contractor effective the date specified in the notice should any of the
following apply
A The contractor is determined by the City to be in breach of any of the terms and conditions of the
contract
B The City has determined that such termination will be in the best interest of the City to terminate the
contract for its own convenience,
C Funds are not available to cover the cost of the goods and/or services The City's obligation is
contingent upon the availability of appropriate funds
182 TERMS OF PAYMENT- Payment will be made by the City after the goods and/or services
awarded to a Bidder/Proposer have been received,inspected,and found to comply with award
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specifications,free of damage or defect,and properly invoiced No advance payments of any kind will be
made by the City of Miami
Payment shall be made after delivery,within 45 days of receipt of an invoice and authorized inspection
and acceptance of the goods/services and pursuant to Section 218 74,Florida Statutes and other applicable
law
183 TIMELY DELIVERY- Time will be of the essence for any orders placed as a result of this
solicitation The City reserves the nght to cancel such orders,or any part thereof,without obligation,if
delivery is not made within the time(s)specified on their Response Deliveries are to be made during
regular City business hours unless otherwise specified in the Special Conditions
1 84 TITLE-Title to the goods or equipment shall not pass to the City until after the City has accepted
the goods/equipment or used the goods,whichever comes first
1.85 TRADE SECRETS EXECUTION TO PUBLIC RECORDS DISCLOSURE-All Responses
submitted to the City are subject to public disclosure pursuant to Chapter 119,Florida Statutes An
exception may be made for"trade secrets"
If the Response contains information that constitutes a"trade secret",all matenal that qualifies for
exemption from Chapter 119 must be submitted in a separate envelope,clearly identified as"TRADE
SECRETS EXCEPTION,"with your firm's name and the Solicitation number and title marked on the
outside
Please be aware that the designation of an item as a trade secret by you may be challenged in court by any
person By your designationtof material in your Response as a"trade secret"you agree to indemnify and
hold harmless the City for any award to a plaintiff for damages,costs or attorney's fees and for costs and
attorney's fees incurred by the City by reason of any legal action challenging your claim
1 86 UNAUTHORIZED WORK OR DELIVERY OF GOODS-Neither the qualified
Bidder(s)/Proposer(s)nor any of his/her employees shall perform any work or deliver any goods unless a
change order or purchase order is issued and received by the Contractor The qualified
Bidder(s)/Proposer(s)shall not be paid for any work performed or goods delivered outside the scope of the
contract or any work performed by an employee not otherwise previously authorized
187 USE OF NAME-The City is not engaged in research for advertising,sales promotion,or other
publicity purposes No advertising,sales promotion or other publicity matenals containing information
obtained from this Solicitation are to be mentioned,or imply the name of the City,without prior express
wntten permission of the City Manager or the City Commission
188 VARIATIONS OF SPECIFICATIONS-For purposes of solicitation evaluation,bidders/proposers
must indicate any,vanances from the solicitation specifications and/or conditions,no matter how slight If
vanations are not stated on their Response,it will be assumed that the product fully complies with the
City's specifications
Page 33 of 46
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