HomeMy WebLinkAboutBack-Up DocumentsCITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
TO: Emilio T. Gonzalez, Ph.D. DATE: February 4, 2020 FILE:
City Manager
SUBJECT: Recommendation of Award
for Roadside Tire Repair
Services — Citywide
„_ ... _...__ ......__
FROM: Annie Perez, CPPO, Director + REFERENCES: Invitation for Bid ("IFB")
Department of Procurement No. 1154387
ENCLOSURES: Bid Tabulation; Survey
RECOMMENDATION:
Based on the findings below, the Department of Procurement ("Procurement") hereby
recommends award of IFB No. 1154387 to S.O.S Mobile Tire Corp ("S.O.S Mobile"), the apparent
responsible and responsive Bidder, for the provision of Roadside Tire Repair Services, on an as
needed basis, Citywide. The awarded vendor, contract terms,- and amount are shown below.
IFB No./Title: IFB No. 1154387, Roadside Tire Repair Services — Citywide.
Contract Amount: $82,213.80 annually (Approximately $411,069.00 in the
aggregate).
Contract Term: Initial term for a period of two (2) years, with the option to renew
for three (3) additional one (1) year periods.
Recommended Vendor: S.O.S Mobile Tire Corp
BACKGROUND:
On December 27, 2019, Procurement issued IFB No. 1154387, under full and open competition.
As required by the Procurement Code, the IFB was advertised and issued online. On January 21,
2020, at the bid closing one (1) bid was received. The bid was evaluated and tabulated following
the guidelines published in the IFB. S.O.S Mobile was the sole responsive and responsible
Bidder.
Consequently, approval of this reco
indicate approval of this recommer)
Approved-
Emili T
endation to award is requested. Your signature below will
i
Date: % 2
Ph.D., City Manager
c: Joseph F./Napoli, Deputy City Manager
Sandra Bridgeman, CPA, Assistant City Manager, Chief Financial Officer
Yadissa A. Calderon, CPPB, Assistant Director, Procurement
PR 20085
Bid Tabulation - AFTER BAFO
IFB No.: 1154387 - Roadside Tire Repair Services - Citywide
S.O.S Mobile Tire Corp
GROUP 1: Automotive and Light Trucks
Total Cost=
Line No.
Item Description
Unit
Quantity
Item Cost
Item Cost x
Quantity
1.1
SERVICE CALLS: Automotive and Light Trucks in the City of Miami.
Each
752
$68.00
$51,136.00
1.2
SERVICE CALLS: Automotive and Light Trucks in Miami -Dade County.
Each
158
$68.00
$10,744.00
1.3
SERVICE CALLS: Automotive and Light Trucks in Broward County.
Each
119
$50.00
$5,950.00
1.4
SERVICE CALLS: Automotive and Light Trucks in Monroe County.
Each
1
$85.00
$85.00
1.5
ADD-ON SERVICES: TIRE REPAIR - Automotive and Light Truck - Same
Each
585
$25.00
$14,625.00
Call, Each Additional Tire.
1.6
ADD-ON SERVICES: Adding Air to a Flat Tire Only: Automotive and
Each
1
$25.00
$25.00
Light Trucks - Same Call, Each Additional Tire.
1.7
ADD-ON SERVICES: Remove Flat Tire and Install the Spare Tire Only:
Each
3895
$25.00
$97,375.00
Automotive and Light Trucks - Same Call, Each Additional Tire.
1.8
ADD-ON SERVICES: Round Trip Cost per Mile to Pickup and Deliver Tire
Each
50
$0.50
$25.00
From The Scene to Motor Pool. (Max Cost Will Be .50 Per Mile).
GROUP 2: Heavy Trucks
2.1
SERVICE CALLS: Heavy Truck in the City of Miami.
Each
2885
$68.00
$196,180.00
2.2
SERVICE CALLS: Heavy Truck in Miami -Dade County.
Each
498
$68.00
$33,864.00
2.3
SERVICE CALLS: Heavy Truck in Broward County.
Each
12
$50.00
$600.00
2.4
SERVICE CALLS: Heavy Truck in Monroe County.
Each
1
$85.00
$85.00
2.5
ADD-ON SERVICES: TIRE REPAIR: Heavy Trucks - Same Call, Each
Each
1
$25.00
$25.00
Additional Tire.
2.6
ADD-ON SERVICES: Adding Air to a Flat Tire Only: Heavy Truck - Same
Each
1
$25.00
$25.00
Call, Each Additional Tire.
2.7
ADD-ON SERVICES: Remove Flat Tire and Install the Spare Tire Only:
Each
12
$25.00
$300.00
Heavy Truck - Same Call, Each Additional Tire.
2.8
ADD-ON SERVICES: Round Trip Cost per Mile to Pickup and Deliver Tire
Each
50
$0.50
$25.00
From The Scene to Motor Pool. (Max Cost Will Be .50 Per Mile).
Total:
$411,069.00
Prepared by: Cristiane Lima
Procurement Contracting Officer
Approved by:
Director , or designee f1n 1T�
IZa��Ir-eZ ((,Sad
IFB No 1154387 - Invitation for Bid for Roadside Tire Repair Services — Citywide
Survey
The following survey was sent to vendors registered in the Oracle ISupplier system who were notified of the
business opportunity.
The above referenced solicitation was advertised on December 27, 2019. The due date was January 21,
2020. The solicitation did have minimum requirements; however, these would not preclude firms from
responding that were regularly engaged in the concession service business.
Due to the lack of participation, Procurement reached out to the some of the identified firms to determine
whether barriers existed in their decision not to compete. For example:
1. My firm was unable to meet the timeline for proposal due date.
2. My firm did not have enough time to ask the City questions necessary to complete the RFP.
3. Not enough information in the Scope of Services.
4. Not Interested.
5. My firm did not qualify.
Fo lowing are the responses as received from firms:
-Firm
Response
1
KM Pederson Enterprises Inc. dba
Homestead Tire and Auto Service.
Kevin Pedersen
5
kmped(cDaol.com
2
Tri -County Truck & Trailer Repair, Inc.
Lorena Lopez
1
admin(aMctruckandtrailer.com
3
Yllada Mobile Tire Service, LLC
Evelyn Yllada
1
ylladatire(o-)gmail.com
Good Afternoon,
She above referenced Invitation to Bid was advertised on December 27, 2019. and closed on Januar/ 21, 2020. Due to lack of participation, the City is reaching out to firms who received
notification of the solicitation to determine whether barriers existed in your decision not to compete.
For example:
I. My firm was unable to meet the timeline for proposal due dote.
2. My firm did not have enough time to ask the Cif/ questions necessary to complete the iFB.
3. Not enough informotien in the Scope of Services.
4. Not interested.
Your response within 72 hours is very much appreciated.
Respectfully,
Chia L.LYMR
City of Miam
Procurement Department
444 SW 2,4 Avenue, 61" Poor
Miami, FL 33130
9: 3c5 416-1904 & 305 400-5C09
®: cima^amiamigov.com
www.m-iomigov.com/procurement
"Serving, Enhancing, and Transforming our community"
Florida Department of State
of
Qrg
an lure Uf F.iwnrla welj.if5
Department of State / Division of Corcorations / Search Records / Detail By Document Number /
Detail by FEI/EIN Number
Florida Profit Corporation
S.O.S MOBILE TIRE CORP
Filina Information
Document Number
P14000009594
FEI/EIN Number
46-4699150
Date Filed
01/30/2014
Effective Date
01/29/2014
State
FL
Status
ACTIVE
Last Event
AMENDMENT
Event Date Filed
02/26/2014
Event Effective Date
NONE
Principal Address
5900 sw 42nd pl
suite 8
davie, FL 33314
Changed: 04/30/2018
Mailing Address
5900 sw 42nd pl
st-8
davie, FL 33314
Changed: 04/03/2019
Registered Agent Name & Address
LORENZO, JUAN C
5900 sw 42nd pl
st-8
davie, FL 33314
Name Changed: 02/26/2014
Address Changed: 04/03/2019
Officer/Director Detail
Name & Address
Title P
DIVISION OF CORPORATIONS
LORENZO, JUAN C
5900 sw 42nd pl
st-8
davie, FL 33314
Title VP
LORENZO, LUIS E
5900 sw 42nd pl
st-8
davie, FL 33314
Title VP
LORENZO, JOSE C
5900 sw 42nd pl
st-8
davie, FL 33314
Annual Reports
Report Year
Filed Date
2018
04/30/2018
2019
04/03/2019
2020
01/16/2020
Document Images
01/16i2020 — ANNUAL REPORT
View image in PDF format
04103i2019 — ANNUAL REPORT I
View image in PDF format
04/30/2018 — ANNUAL REPORT
View image in PDF format
04x07!2017 -- ANNUAL REPORT
View image in PDF forma
03131!2016 — ANNUAL REPORT
View image in PDF format
03/19/2015 -- ANNUAL REPORT
View image in PDF format
0212612014 — Amendment
View image in PDF format
01/30/2014 — Domestic Pront
View image in PDF format
Rosea Department d State, Drvis— of C—crahons
�.., Sourcing
`�;
uL Navigator i # Favorites
Home Logout Preferences Help Diagnostics
Requisitions«Negotiation; j Intelligence
Negotiations > Simple Search > Quote History (RFQ 1154387,1) >
Quote: 2714370 (RFQ 1154387,1)
Actions jOnline Discussions Go
Title Invitation For Bid for Roadside
Tire Repair Services - Citywide
Time Left 0 seconds
Quote Style Sealed
Quote Currency USD
Contact Lorenzo, Luis
Suppliers' Quote Number
Quote Status Active
Close Date 21 -Jan -2020 02:00:00
Ranking price Only
Supplier S.O.S Mobile Tire Corp
Supplier Site
Quote Valid Until
Purchase Order
Shortlist Status
Note to Buyer 24/7 Fast Service
_:Name------ •Title --Update DeleteN - —
Attachments No results found.
Requirements
31 -Dec -2020
Included
Show AI_I Details I Hide All Details
Details Section Maximum Score Score
3 Hide General 0 0
Requirements
Tar et Maximum
_ Value _Quote Value Score Score
Legal Name of Firm:�S.O.S Mobile Tire Corp
Entity Type: Partnership, Sole _ S Corp T.
Proprietorship, Corporation, etc.
Federal Employer 46-4699150
Identification (FEI/EIN)
Number.: t
Year Established:
Office Location: City of Miami, broward county main office 5900 sw 42nd pl st-8 davie fl 33314
Miami -Dade County, or Other
Business Tax Receipt / iMV92525 i
Occupational License Number:
Business Tax Receipt / 120 -Nov -2020
Occupational License Issuing
Agency and Expiration Date: I
Reference No. 1: Name of Westway Towing j
Company/Agency for which
Bidder is currently providing the
services/goods as described in
i
this solicitation, or has provided 1
such services/goods in the past:
Reference No. 1: Address, City, 3681 W Oakland Park Blvd, Lauderdale Lakes, FL 33311
State, and Zip for above
reference company/agency
listed:
Reference No. 1: Name of Owner Brett Holcombe
Contact Person and Telephone
Number for above reference no. 9546844858
1
Darren GM
_ 5617299869_
Reference No. 1: Date of 01-01-2014
Contract or Sale for above
reference no. 1
Reference No. 2: Name of Enviro waste
Company/Agency for which
Bidder is currently providing the
services/goods as described in
this solicitation, or has provided
such services/goods in the past: _
Reference No. 2: Address, City, 18001 old cutler road suite 554 palmetto fl 33157 ^i _
State, and Zip for above
reference company/agency
listed:
Reference No. 2: Name of
Mike Gm (813) 326-8712
Contact Person and Telephone
M —
Number for above reference no.
N/A
2
Reference No. 2: Date of
02/27/19
Contract or Sale for above
_
reference no. 2
Reference No. 3: Name of
RAW CONSTRUCTION
Company/Agency for which
Bidder is currently providing the
services/goods as described in
N/A
this solicitation, or has provided
such services/goods in the past:
_
Reference No. 3: Address, City,
:32410 blue star highway midway fl 32343
State, and Zip for above
reference company/agency
listed:
Reference No. 3: Name of
(305) 301-7150 jimmy lofts gm�
Contact Person and Telephone
Number for above reference no.
3
Reference No. 3: Date of
12/12/2018
Contract or Sale for above
reference no. 3
Will Subcontractor(s) be used?
NO
(Yes or No):
M —
If subcontractor(s) will be
N/A
utilized, provide their name,
address and the portion of the
work they will be responsible for
under this contract (a copy of
their license(s) must be
submitted with your bid
response):
Please list and acknowledge all
N/A
addendum/addenda received.
List the addendum/addenda
number and date of receipt (i.e.
Addendum No. 1, 7/1/19). If no
addendum/addenda was/were
issued, please insert N/A.
If Bidder has a Local Office, as
,N/A
defined under Chapter
18/Article III, Section 18-73 of
the City Code, has Bidder filled
out, notarized, and included
with its bid response the "City
of Miami Local Office
Certification" form? YES OR NO?
(The City of Miami Local Office
Certification form is located in
the Oracle Sourcing system
("iSupplier"), under the
Header/Notes and Attachments
Section of this solicitation)
Total 0 0
Contract Terms
Variables
Details Section Clause Variable Description Value _
No variables found.
Deliverables
Deliverable Name Due Date _ Status _ Alert Update
No deliverables found. _
Lines
✓TIP All prices are in USD.
Quote Total (USD)
447,225.00
___... - ............ - -- .._._- ......... -1---....-...... -------..._.-.._..-............
Show All Details Hide All Details
_............ ..........
_... --
- -- ..._.. ------------
_......._._.........
_....... ..... ._. _..
Need-
StartTarget Quote
Target
Quote By
Promised
Active
Details Line Ship -To Rank Price
Price Price Unit Quantity Quantity Date
Date
Line Total Quotes
O Show 1 � GROUP 261000- 1
189,655.00 1
1: Procurement
AUTOMOTIVE
AND LIGHT
TRUCKS
u Show 1.1 SERVICE 261000 - 1
75 Each
752
752
15 -Jan-
56,400.00 1
CALLS: 'Procurement
`2020
:Automotive
:13:21:53
and Light
Trucks in the
I
City of Miami.
—~—
_
0Show 1.2 SERVICE 261000 - 1�
75 Each
158
158,
!15 -Jan-
11,850.001
CALLS: Procurement
i
!
2020
'Automotive
13:21:47
and Light
:Trucks in
Miami -Dade
County
f] Show 1.3 SERVICE 261000 - 1
55 Each
119
119
15 -Jan-
6,545.00 1
CALLS: Procurement.
2020
Automotive
13:21:56
and Light
Trucks in
Broward
County.
i] Show' 1.4 SERVICE 261000 - 1
85 Each
1
1
15-Jan-
85.00 1
:CALLS: Procurement
2020
Automotive
13:22:00
,and Light
'Trucks in
Monroe
County.
Show 1.5 ADD-ON 261000 - 1
25 Each
585
585
15-Jan-
14,625.001
SERVICES: Procurement
2020
TIRE REPAIR
13:22:03
- Automotive
and Light
Truck - Same
'Call, Each
'Additional
Tire.
iJ Show 1.6ADD-ON 261000- 1
25 Each
1
1
15-Jan-
25.00 1
SERVICES: Procurement
2020
Adding Air to
13:22:06
a Flat Tire
;Only:
:Automotive -- - - - - - -
- - - - ---
-
--
- -
;and Light
i
;Trucks -
Same Call,
:Each
Additional
Tire.
:]Show 1.7ADD-ON 261000- '1
25 Each
3,895
3,895
15-Jan-
97,375.00 1
,SERVICES: Procurement
2020
:Remove Flat
13:22:09
,Tire and
'Install the
'Spare Tire
Only:
Automotive
and Light
;Trucks -
!Same Call,
`Each
Additional
:Tire.
L-+3 Show, 1.8ADD-ON 261000 - .1
55 Each
50
50
15-Jan-
2,750.00
',SERVICES: Procurement
2020
.1
jRound Trip
113:22:12
Cost per Mile
,to Pickup and
:Deliver Tire
From The
(Scene to
Motor Pool.
E
,(Max Cost
Will Be .50
iPer Mile)._
—�
O.Show'2[IGROUP 261000- '1
257,570.001
2: HEAVY Procurement
.TRUCKS
_
Show 2.1 SERVICE 261000 - 1
75 Each
2,885
2,885
15-Jan-
216,375.00 1
CALLS: Heavy Procurement
2020
Truck in the13:22:15
'City of Miami.
Q Show 2.2 SERVICE 261000 - 1
75 Each
498
498
15 -Jan-
37,350.00 1
CALLS: Heavy Procurement
2020
Truck in
13:22:18
'Miami -Dade
i
County.
I]Sho�� 2.3 SERVICE 261000 - 1
55 Each
12
12
15 -Jan-
660.00 1
CALLS: Heavy Procurement
i
2020
Truck in
13:22:22
Broward
'County.
j
�—
Hi Show 2.4 SERVICE 261000 - 1
85 Each
1;
1
15 -Jan-
85.00 1
.CALLS: Heavy Procurement
2020
{Truck in
13:22:25
Monroe
County.
^1
_
� Show 2.5ADD-ON '261000 - 1�
25 Each
1
15 -Jan-
25.00 1
SERVICES: Procurement
2020
TIRE REPAIR:
'13:22:27
Heavy Trucks
- Same Call,
'Each
'Additional i
,Tire.
OT Show' 2.6 -ADD-ON •261000 =— 1 -'
25 Each' —
—1---
1`
15 -Jan=
25.001 -
SERVICES: Procurement
2020
'Adding Air to
13:22:31
:a Flat Tire
Only: Heavy
Truck - Same
;Call, Each
Additional '
:Tire.
+ Show 2.7ADD-ON 261000 - 1
25 Each
12'
12
15 -Jan-
300.00 1
_SERVICES: Procurement
2020
.Remove Flat
13:22:34
-Tire and
Install the
Spare Tire
Only: Heavy .
Truck - Same
Call, Each
'.Additional
-Tire.
++ Show 2.8 ADD-ON 261000 - 1 55 Each 50 50 15 -Jan- 2,750.00 1
.SERVICES: Procurement. 2020
Round Trip 13:22:37
:Cost per Mile
to Pickup and
`Deliver Tire
'From The i
•Scene to
;Motor Pool.
(Max Cost
Will Be .50
!Per Mile).
Return to Quote History (RFO 1154387,1) Actions lOnline.Discussions TGo
Requisitions Negotiations Intelligence Home Logout Preferences Help Diagnostics
About this Page Privacy Statement Copyright (c) 2006. Oracle. All rights reserved.
101 it of Ait�x r
ANNIE PEREZ, CPPO
D rector of Procurement
January 23, 2020
Luis Lorenzo
S.O.S Mobile Tire Corp
5900 SW 42nd PI Ste 8
Davie, FL 33314
EMILIO T. GONZALEZ, PH.D.
Uty M.1ndger
SENT VIA EMAIL
!nfo(d)sosmobiletire. corn
RE: BEST AND FINAL OFFER -Invitation for Bid (IFB) No. 1154387 -Invitation for Bid for
Roadside Tire Repair Services — Citywide.
Dear Mr. Lorenzo,
The City of Miami ("City") is in receipt of S.O.S Mobile Tire Corp.'s (S.O.S) bid response to
Invitation for Bid (IFB) No. 1154387 - Invitation for Bid for Roadside Tire Repair Services —
Citywide. The bid closed on January 21, 2020, and S.O.S is the apparent responsive and
responsible Bidder.
Pursuant to Section 18-85 of the City's Procurement Code, the City has the authority to negotiate
for better pricing or re -bid, whichever is in the best interest of the City.
The City hereby requests that you carefully analyze your bid prices for any cost savings you can
in turn extend to the City; and provide what is considered your firm's "best and final offer, as it
pertains to your cost to provide roadside tire repair services. This offer should be emailed or faxed
to the attention of Ms. Cristiane Lima, clima c miamigov.com or at (305) 400-5009, no later than
5:00 p.m. on Thursday, January 30, 2020.
Please indicate your firm's best and final offer in the spaces provided in the last column of this
table:
Line
Item Cost
Number
Description
Quantity
Item Cost
Total Price
(Best and
Final Offer
1.1
SERVICE CALLS: Automotive and
Light Trucks in the City of Miami.
752
$75.00
$56,400.00
6 , Vv
1.2
SERVICE CALLS: Automotive and
Light Trucks in Miami -Dade County.
158
$75.00
$11,850.00
1.3
SERVICE CALLS: Automotive and
119
$55.00
SD- 150
Light Trucks in Broward County.
$0,545.00
1.4
SERVICE CALLS: Automotive and
1
$85,00
$85.00
00
Light Trucks in Monroe County.
1.5
ADD-ON SERVICES: TIRE
585
$25.00
$14,625.00
2- U�
REPAIR - Automotive and Light
ANNIE PEREZ, CPPO
Chief Procurement Officer
(nits of iami
ADDENDUM NO. 1
IFB No. 1154387 January 8, 2020
EMILIO T. GONZALEZ, PH.D.
City Manager
Invitation for Bid ("IFB") for Roadside Tire Repair Services - Citywide
TO: ALL PROSPECTIVE BIDDERS:
The following changes, additions, clarifications, and deletions amend the IFB documents of the
above captioned IFB and shall become an integral part of the Contract Documents. Deletions of
contract language will be specified herein. Bold words and/or figures shall be added. The
remaining provisions are now in effect and remain unchanged. Please note the contents herein
and reflect same on the documents you have on hand.
A. Section 3.2, titled Records of the IFB is hereby deleted in its entirety and replaced with
the following language:
For all service calls for flat tire repairs performed under provisions of these Specifications, the
Successful Bidder(s) shall be responsible for providing and documenting all required
information on each service call/flat tire repair in accordance with Section 2.14, Service Log -
In Records.
All other Terms and Conditions of the IFB remains the same.
Sincerely,
nnie Perez, CPPO`~
Director/Chief Procurement Officer
AP/cl
Cc: IFB File
0R. Cityof Miami
* „c,I,AEEI Invitation for Bid (IFB)
tato
Procurement Department
Miami Riverside Center
444 SW 20d Avenue, 61h Floor
Miami, Florida 33130
Web Site Address: www.miamigov.comprocurement
IFBNumber: 1154387
Title:
Issue Date/Time:
IFBClosing Date/Time:
Pre-Bid/Pre-Proposal Conference:
Pre-Bid/Pre-Proposal Date/Time:
Pre-Bid/Pre-Proposal Location:
Deadline for Request for Clarification:
Contracting Officer:
Hard Copy Submittal Location:
Contracting Officer E -Mail Address:
Contracting Officer Facsimile:
Invitation For Bid for Roadside Tire
Repair Services - Citywide
27 -DEC -2019
21 -JAN -2020 C 02:00:00
None
Monday, January 6, 2020 @ 3:00 p.m.
Lima, Cristiane
City of Miami - City Clerk
3500 Pan American Drive
Miami FL 33133 US
CLima@miamigov.com
(305)400-5009
Page 1 of 48
Certification Statement
Please quote on this form, if applicable, net prices for the item(s) listed. Return signed original and
retain a copy for your files. Prices should include all costs, including transportation to destination. The
City reserves the right to accept or reject all or any part of this submission. Prices should be firm for a
minimum of 180 days following the time set for closing of the submissions.
In the event of errors in extension of totals, the unit prices shall govern in determining the quoted
prices.
We (I) certify that we have read your solicitation, completed the necessary documents, and propose to
furnish and deliver, F.O.B. DESTINATION, the items or services specified herein.
The undersigned hereby certifies that neither the contractual party nor any of its principal owners or
personnel have been convicted of any of the violations, or debarred or suspended as set in section
18-107 or Ordinance No. 12271.
All exceptions to this submission have been documented in the section below (refer to paragraph and
section).
EXCEPTIONS:
We (I) certify that any and all information contained in this submission is true; and we (I) further certify
that this submission is made without prior understanding, agreement, or connection with any
corporation, firm, or person submitting a submission for the same materials, supplies, equipment, or
service, and is in all respects fair and without collusion or fraud. We (I) agree to abide by all terms and
conditions of this solicitation and certify that I am authorized to sign this submission for the submitter.
Please print the following and sign your name:
PROPOSER NAME:
ADDRESS:
PHONE:
EMAIL:
SIGNED BY:
TITLE:
��
CELL(Optional):
DATE:
FAILURE TO COMPLETE, SIGN, AND RETURN THIS FORM SHALL DISQUALIFY THIS
RESPONSE.
Page 2 of 48
Certifications
Legal Name of Firm:
Entity Type: Partnership, Sole Proprietorship, Corporation, etc.
Federal Employer Identification (FEI/EIN) Number.:
Year Established:
Office Location: City of Miami, Miami -Dade County, or Other
Business Tax Receipt / Occupational License Number:
Business Tax Receipt / Occupational License Issuing Agency and Expiration Date:
Reference No. 1: Name of Company/Agency for which Bidder is currently providing the services/goods
as described in this solicitation, or has provided such services/goods in the past:
Reference No. 1: Address, City, State, and Zip for above reference company/agency listed:
Reference No. 1: Name of Contact Person and Telephone Number for above reference no. 1
Reference No. 1: Date of Contract or Sale for above reference no. 1
Reference No. 2: Name of Company/Agency for which Bidder is currently providing the services/goods
as described in this solicitation, or has provided such services/goods in the past:
Reference No. 2: Address, City, State, and Zip for above reference company/agency listed:
Page 3 of 48
Reference No. 2: Name of Contact Person and Telephone Number for above reference no. 2
Reference No. 2: Date of Contract or Sale for above reference no. 2
Reference No. 3: Name of Company/Agency for which Bidder is currently providing the services/goods
as described in this solicitation, or has provided such services/goods in the past:
Reference No. 3: Address, City, State, and Zip for above reference company/agency listed:
Reference No. 3: Name of Contact Person and Telephone Number for above reference no. 3
Reference No. 3: Date of Contract or Sale for above reference no. 3
Will Subcontractor(s) be used? (Yes or No):
If subcontractor(s) will be utilized, provide their name, address and the portion of the work they will be
responsible for under this contract (a copy of their license(s) must be submitted with your bid response):
Please list and acknowledge all addendum/addenda received. List the addendum/addenda number and
date of receipt (i.e. Addendum No. 1, 7/1/19). If no addendum/addenda was/were issued, please insert
N/A.
If Bidder has a Local Office, as defined under Chapter 18/Article III, Section 18-73 of the City Code,
has Bidder filled out, notarized, and included with its bid response the "City of Miami Local Office
Certification" form? YES OR NO? (The City of Miami Local Office Certification form is located in the
Oracle Sourcing system ("iSupplier"), under the Header/Notes and Attachments Section of this
solicitation)
Page 4 of 48
Line: 1
Description: GROUP 1: AUTOMOTIVE AND LIGHT TRUCKS
Line: 1.1
Description: SERVICE CALLS: Automotive and Light Trucks in the City of Miami.
Note: Estimated quantities only.
Category: 86305-87
Unit of Measure: Each
Unit Price: $ Number of Units: 752 Total: $
Line: 1.2
Description: SERVICE CALLS: Automotive and Light Trucks in Miami -Dade County.
N6tei-Estimated quantities only.— —_— - - — _--
Category: 86305-87
Unit of Measure: Each
Unit Price: $ Number of Units: 158 Total: $
Line: 1.3
Description: SERVICE CALLS: Automotive and Light Trucks in Broward County.
Note: Estimated quantities only.
Category: 86305-87
Unit of Measure: Each
Unit Price: $ Number of Units: 119 Total: $
Line: 1.4
Description: SERVICE CALLS: Automotive and Light Trucks in Monroe County.
Note: Estimated quantities only.
Category: 86305-87
Unit of Measure: Each
Unit Price: $ Number of Units: 1 Total: $
Page 5 of 48
Line: 1.5
Description: ADD-ON SERVICES: TIRE REPAIR - Automotive and Light Truck - Same Call,
Each Additional Tire.
Note: Estimated quantities only.
Category: 86305-87
Unit of Measure: Each
Unit Price: $ Number of Units: 585 Total: $
Line: 1.6
Description: ADD-ON SERVICES: Adding Air to a Flat Tire Only: Automotive and Light Trucks
- Same Call, Each Additional Tire.
Note: Estimated quantities only.
Category: 86305-87
Unit of Measure: Each
Unit Price: $ Number of Units: 1 Total: $
Line: 1.7
Description: ADD-ON SERVICES: Remove Flat Tire and Install the Spare Tire Only:
Automotive and Light Trucks - Same Call, Each Additional Tire.
Note: Estimated quantities only.
Category: 86305-87
Unit of Measure: Each
Unit Price: $ Number of Units: 3,895 Total: $
Line: 1.8
Description: ADD-ON SERVICES: Round Trip Cost per Mile to Pickup and Deliver Tire From
The Scene to Motor Pool. (Max Cost Will Be .50 Per Mile).
Note: Estimated quantities only.
Category: 86305-87
Unit of Measure: Each
Unit Price: $
Number of Units: 50 Total: $
Page 6 of 48
Line: 2
Description: GROUP 2: HEAVY TRUCKS
Line: 2.1
Description: SERVICE CALLS: Heavy Truck in the City of Miami.
Note: Estimated quantities only.
Category: 86305-87
Unit of Measure: Each
Unit Price: $ Number of Units: 2,885 Total: $
Line: -2.2 -
Description: SERVICE CALLS: Heavy Truck in Miami -Dade County.
Note: Estimated quantities only.
Category: 86305-87
Unit of Measure: Each
Unit Price: $ Number of Units: 498 Total: $
Line: 2.3
Description: SERVICE CALLS: Heavy Truck in Broward County.
Note: Estimated quantities only.
Category: 86305-87
Unit of Measure: Each
Unit Price: $ Number of Units: 12 Total: $
Line: 2.4
Description: SERVICE CALLS: Heavy Truck in Monroe County.
Note: Estimated quantities only.
Category: 86305-87
Unit of Measure: Each
Page 7 of 48
Unit Price: $ Number of Units: I Total: $
Line: 2.5
Description: ADD-ON SERVICES: TIRE REPAIR: Heavy Trucks - Same Call, Each Additional
Tire.
Estimated quantities only.
Category: 86305-87
Unit of Measure: Each
Unit Price: $ Number of Units: I Total: $
Line: 2.6
Description: ADD-ON SERVICES: Adding Air to a Flat Tire Only: Heavy Truck - Same Call,
Each Additional Tire.
Note: Estimated quantities only.
Category: 86305-87
Unit of Measure: Each
Unit Price: $ Number of Units: 1 Total: $
Line: 2.7
Description: ADD-ON SERVICES: Remove Flat Tire and Install the Spare Tire Only: Heavy
Truck - Same Call, Each Additional Tire.
Estimated quantities only.
Category: 86305-87
Unit of Measure: Each
Unit Price: $ Dumber of Units: 12 Total: $
Line: 2.8
Description: ADD-ON SERVICES: Round Trip Cost per Mile to Pickup and Deliver Tire From
The Scene to Motor Pool. (Max Cost Will Be .50 Per Mile).
Note: Estimated quantities only.
Category: 86305-87
Unit of Measure: Each
Page 8 of 48
Unit Price: $ Number of Units: 50 Total: $
Page 9 of 48
Invitation for Bid (IFB) 1154387
Table of Contents
Termsand Conditions....................................................................................................................................................1 l
1. General Conditions..........................................................................................................................................11
1.1. 1. General Terms and Conditions for Invitation for Bids (IFB)............................................................11
2. Special Conditions...........................................................................................................................................39
2.1. PURPOSE.............................................................................................................................................39
2.2. DEADLINE FOR RECEIPT OF REQUEST FOR ADDITIONAL
INFORMATION/CLARIFICATION..........................................................................................................39
2.3. PRE-BID/PRE-PROPOSAL CONFERENCE......................................................................................39
2.4. TERM OF CONTRACT.......................................................................................................................39
2.5. CONDITIONS FOR RENEWAL.........................................................................................................39
2.6. NON -APPROPRIATION OF FUNDS.................................................................................................39
2.7. CURES..................................................................................................................................................40
2.8. BIDDERS MINIMUM QUALIFICATIONS........................................................................................40
2.9—.M _E_T_ H_ OD OF AWARD.....................................................................................................................40
2.10. REFERENCES....................................................................................................................................40
2.11. TIE BIDS.............................................................................................................................................41
2.12. INSURANCE REQUIREMENTS......................................................................................................41
2.13. ADDITIONS/DELETIONS OF FACILITIES/ITEMS/SERVICES...................................................44
2.14. SERVICE LOG -IN RECORDS..........................................................................................................44
2.15. UNAUTHORIZED WORK.................................................................................................................44
2.16. METHOD OF PAYMENT..................................................................................................................45
2.17. RESPONSE TIME..............................................................................................................................45
2.18. PROJECT MANAGER.......................................................................................................................45
2.19. FAILURE TO PERFORM..................................................................................................................45
2.20. PRIMARY CLIENT (FIRST PRIORITY)..........................................................................................45
2.21. LIQUIDATED DAMAGES................................................................................................................45
2.22. WARRANTY, FITNESS FOR PURPOSE.........................................................................................45
2.23. DAMAGES TO PUBLIC/PRIVATE PROPERTY.............................................................................46
2.24. TERMINATION..................................................................................................................................46
2.25. ADDITIONAL TERMS AND CONDITIONS...................................................................................46
3. Specifications...................................................................................................................................................47
3.1. SPECIFICATIONS/SCOPE OF WORK...............................................................................................47
3.2. RECORDS.............................................................................................................................................47
3.3. ROADSIDE TIRE REPAIRS................................................................................................................47
3.4. SERVICE ADDRESS ACCURACY....................................................................................................48
Page 10 of 48
Terms and Conditions
1. General Conditions
Invitation for Bid (IFB) 1154387
1.1. 1. General Terms and Conditions for Invitation for Bids (IFB)
1. GENERAL TERMS AND CONDITIONS FOR INVITATION FOR BID (IFB) -
References to goods only apply insofar as they are applicable to "Goods" as defined in Section 18-73 of the City
Code. References to "Professional and Personal Services" are as defined in Section 18-73 of the City Code.
Intent: The General Terms and Conditions described herein apply to the acquisition of goods/ 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 (City) 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 - Any good(s) delivered under this Formal Solicitation, if applicable, shall
remain the property of the Bidder 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 supplied to the City are found to be defective or do
not conform to specifications, the City reserves the right to cancel the order upon written notice to the Successful
Bidder/Contractor and return the product to the Successful Bidder/Contractor at the Successful Bidder/Contractor's
expense.
1.2. ACCEPTANCE OF OFFER - The signed or electronic submission of a Bidder's response shall be considered
an offer on the part of the Bidder; such offer shall be deemed accepted upon issuance by the City of a Purchase
Order.
1.3. ACCEPTANCE/REJECTION - The City reserves the right to accept, reject any or all, or portion of responses
after opening/closing date, and request re -issuance on the goods/services described in the Formal Solicitation. In the
event of a rejection, the Director of Procurement shall notify all affected Bidders and provide a written explanation
for such rejection. The City also reserves the right to reject the Response of any Bidder which has previously failed
to properly perform under the Terms and Conditions of a City Contract, to deliver on time contracts of a similar
nature, and which is not capable to perform the requirements defined in this Formal Solicitation. The foregoing is
not an all-inclusive list of reasons for which a response may be rejected. The City further reserves the right to waive
any irregularities, minor informalities, or technicalities in any or all responses and may, at its sole discretion,
re -issue the Formal Solicitation.
1.4. ADDENDA - It is the Bidder's responsibility to ensure receipt of all Addenda. Responses to questions/inquiries
from prospective Bidders will be provided in the form of an Addendum. Addenda are available at the City's website
Page I 1 of 48
Invitation for Bid (IFB) 1154387
at: http://www.miamigov.com/Procurement/pages/SupplierComer/default.asp
1.5. ALTERNATE RESPONSES -Alternate responses will not be considered, unless specifically requested by the
City.
1.6. ASSIGNMENT - Successful Bidder/Contractor agrees not to subcontract, assign, transfer, convey, sublet,
pledge, encumber, or otherwise dispose of the resulting Contract, in whole or in part, or any or all of its rights, title
or interest herein, without the City's prior written consent.
1.7. ATTORINEY'S FEES - In connection with any litigation, appellate, administrative, mediation, and/or
arbitration arising out of the resulting Contract, each party shall bear their own attorney's fees through and including,
appellate litigation and any post judgment proceedings.
1.8. AUDIT RIGHTS AND RECORDS RETENTION -The Successful Bidder/Contractor 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 Successful Bidder/Contractor which are directly pertinent to this Formal Solicitation,, for the
purpose of audit, examination, excerpts, and transcriptions. The Successful Bidder/Contractor shall maintain and
retain any and all of the books, documents, papers, and records pertinent to the resulting Contract for three (3) years
after the City makes final payment and all other pending matters are closed. Successful Bidder's/Contractor's failure
to, or refusal to comply with this condition, shall result in the immediate cancellation of this Contract by the City.
The Audit Rights set forth in Section 18-102 of the City Code apply as supplemental terms and are deemed as being
incorporated by reference herein.
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/Contractor at the Contract price(s) established herein,
when permissible by Federal, State, and local laws, rules, and regulations.
Additionally, any governmental entity outside of the State of Florida but, within the Continental United States of
America, may avail itself to this Contract and purchase any and all goods/services, specified herein from the
Successful Bidder/Contractor at the Contract price(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
Contract will establish its own Contract, 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/Contractor.
1.10. AWARD OF CONTRACT -
A. The Formal Solicitation, any addenda issued, the Bidder's response, and the Purchase Order shall constitute the
entire Contract, unless modified in accordance with any ensuing Contract, or amendment.
B. The award of a Contract, where there are Tie Bids, the tie breaker will be decided by the Director of
Page 12 of 48
Invitation for Bid (IFB) 1154387
Procurement or designee, in the instance that Tie Bids cannot 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 Specifications/Scope of Work. Bidder may be found non-responsive if such documents
are not submitted in a timely manner and in the form required by the City. Where Bidder is found non-responsive,
the City, through action taken by the Department of Procurement, will void its acceptance of the Bidder's Response
and may accept the Response from the next lowest responsive, responsible Bidder most advantageous to the City or
may re -solicit for the goods/services. The City, at its sole discretion, may seek monetary restitution from Bidder
and/or its bid bond or guaranty, and/or similar security, if applicable, as a result of damages or increased costs
sustained as a result of the Bidder's failure to satisfy the City's requirements.
D. The term of the Contract shall be specified in one of three documents which shall be issued to the Successful
Bidder. 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 right to extend is exercised, the City shall
notify the Successful Bidder/Contractor, in writing, of its intent to extend the Contract in accordance with the
existing terms and conditions for a specified number of days. Additional extensions beyond the first one hundred
twenty (120) day extension may occur, if, the City and the Successful Bidder/Contractor 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 periods.
G. The City reserves the right to award the Contract on a split -order, lump sum, individual -item basis, or such
method of award in the best interest of the City, unless otherwise specified.
H. A Contract may be awarded to the Successful Bidder/Contractor by the City Commission based upon the
minimum qualification requirements reflected herein.
1.11. BID BOND/ BID SECURITY - A cashier's or certified check issued by a bank authorized to transact banking
business in Florida, or a Bid Bond/Bid Security signed by a surety company that is licensed to do business in the
State of Florida, payable to the City of Miami, for the amount as specified in the bid, is required from all Bidders, if
so indicated under the Special Conditions. This check or bond guarantees that a Bidder will accept the Contract, as
bid, if it is awarded to Bidder. Bidder shall forfeit bid deposit to the City, should City award Contract to Bidder and
Bidder fails to accept the award. The City reserves the right to reject any and all surety tendered to the City. Bid
deposits are returned to unsuccessful Bidders within ten (10) days after the award and Successful Bidder's
acceptance of award. If one hundred eighty (180) 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. BID SECURITY FORFEITED LIQUIDATED DAMAGES -Failure to execute a Contract and/or file an
Page 13 of 48
Invitation for Bid (IFB) 1154387
acceptable Performance Bond, when required, as provided herein, shall be just cause for the annulment of the award
and the forfeiture of the Bid Bond/Bid Security to the City, which forfeiture shall be considered, not as a penalty, but
in mitigation of damages sustained which cannot be determined at the time of award. Award may then be made to
the next lowest responsive and responsible Bidder, or all Bid responses may be rejected.
1.13. BID RESPONSE FORNI (HARDCOPY FORMAT) - All required forms in the Formal Solicitation should
be completed, signed, and submitted accordingly as specified to in the Formal Solicitation. Digital signatures may
only be utilized if expressly permitted in the solicitation.
1.14. BRAND NAMES - If, and wherever in the specifications, brand names, makes, models, names of any
manufacturers, trade names, or Bidder 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 desire to
rule out other competitors' brands or makes, the phrase "APPROVED EQUAL" is added. Unless otherwise
specified, any manufacturers' names, trade names, brand names, information or catalog numbers listed in a
specification are descriptive, not restrictive or exclusive. The Bidder shall provide any equipment that meets or
exceeds the applicable specifications, including without limitation the following: Equal in every important attribute,
to include— industry - quality --measurable standard, quality _ of -product; accessibility- of distribution,
durability/reliability/dependability and warranty coverage, and the delivery schedule.
When bidding an "APPROVED EQUAL", Bidders shall submit, with their response, complete sets of necessary data
(e.g., factory information sheets, specifications, brochures, etc.) in order for the City to evaluate and determine the
equality of the item(s) bid. The Bidder shall demonstrate comparability, including appropriate catalog materials,
literature, specifications, test data, etc. The City shall be the sole judge of equality and its decision shall be final.
The City shall determine in its sole discretion, subject to the concurrence of the Project Manager whether goods are
acceptable as an equivalent. 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, upon request of the City. If samples are requested by the City, such samples must be
received by the City no later than seven (7) calendar days after a formal request is made.
When "NO SUBSTITUTION" is used in conjunction with a manufacturer's name, brand name, and/or model
number, that named item is the only item that will be accepted by the City in that particular instance.
1.15. CANCELLATION -The City reserves the right to cancel this Formal Solicitation, before its opening/closing.
In the event of cancellation, the Director of Procurement shall notify all prospective Bidders and provide a written
explanation for the cancellation. There shall be no recourse against the City for a cancellation made in accordance
with this Section.
1.16. CAPITAL EXPENDITURES - Successful Bidder/Contractor understands that any capital expenditures that
the Successful Bidder/Contractor makes, or prepares to make, in order to deliver/perform the goods/services
required by the City, is a business risk which the Successful Bidder/Contractor must assume. The City will not be
obligated to reimburse amortized or unamortized capital expenditures, or to maintain the approved status of any
Successful Bidder/Contractor. If Successful Bidder/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.
Page 14 of 48
Invitation for Bid (IFB) 1154387
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, any subcontractor, 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, 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 Bid for the same
goods/services, or with the City of Miami's Procurement Department or initiating department. The Bidder certifies
that its response is fair, without control, collusion, fraud, or other illegal action. Bidder 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 where collusion may
have occurred.
1.19. COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS - Successful Bidder/Contractor
understands that contracts between private entities and local governments are subject to certain laws, codes, and
regulations, including laws pertaining to public records, sunshine (open meetings), conflict of interest, ethics records
- keeping, etc.—City and Successful-Biddet/Contractor-agree to comply with and -observe all—applicable-laws, codes,
regulations, and ordinances, and to secure all applicable public approvals and/or consents, of any governmental
agency and/or owner of intellectual property rights as that may in any way affect the goods or services 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.
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 Crimes.
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.
Page 15 of 48
Invitation for Bid (IFB) 1154387
J. Conflict of Interest, City Code Section 2-611;61.
K. Cone of Silence, City Code Section 18-74.
L. The Florida Statutes Sections 218.70 to 218.79, the Prompt Payment Act.
Lack of knowledge by the Successful Bidder/Contractor will in no way be a cause for relief from responsibility.
Non-compliance with all applicable local, State, and Federal directives, orders, codes, rules, regulations, and laws
may be considered grounds for termination of Contract at the option of the City Manager.
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 Formal Solicitation once advertised 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 Formal
Solicitations for the provision of goods and services for amounts greater than $200,000. The Cone of Silence
prohibits any communication regarding Formal Solicitations 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.
The provision does not apply to, among other communications: oral communications with the City Procurement
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-bid conferences, 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 Formal Solicitation
documents; or communications in connection with the collection of industry comments or the performance of
market research regarding a particular Formal Solicitation by City Procurement staff.
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 City Clerk's Office,
which shall be made available to any person upon request. Written communications may be in the form of an e-mail,
or fax with a copy to the City Clerk's Office being required.
In addition to any other penalties provided by law, violation of the Cone of Silence by any Bidder shall render any
award voidable. A violation by a particular Bidder, 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 Miami Dade County Commission on
Ethics.
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 description of the Cone of Silence. You may contact the City Clerk's
Office at 305-250-5360 or clerks@miamigov.com, to obtain a copy of same.
Page 16 of 48
Invitation for Bid (IFB) 1154387
1.21. CONFIDENTIALITY - As a political subdivision, the City of Miami is subject to the Florida Government in
the Sunshine (public Meetings) Act and Public Records Act. If this Contract contains a confidentiality provision, it
shall have no application when disclosure is required by Florida law or upon court order.
1.22. CONFLICT OF INTEREST - Bidders, 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 or its employees must be disclosed in writing to the City. Further, Bidder shall 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 Bidder's firm.
A. Bidder further agrees not to use or attempt to use any knowledge, property, or resource which may be within
his/her trust, or perform his/her duties, to secure a special privilege, benefit, or exemption for himself/herself, or
others. Bidder may not disclose or use information not available to members of the general public and gained by
reason of his/her position, except for information relating exclusively to governmental practices, for his/her
personal, or benefit, or for the personal gain, or benefit of any other person, or business entity.
B. Bidder hereby acknowledges that he/she has not contracted or transacted any business with the City or any
person, or agency acting for the City, and has not appeared in representation of any third party before any board,
Commission, or agency of the City within the past two years. Bidder further warrants that he/she is not related,
specifically the spouse, son, daughter, parent, brother, or sister, to: (i) any member of the Commission; (ii) the
Mayor; (iii) any City employee; or (iv) any member of any board or agency of the City.
C. A violation of this section may subject the Bidder to immediate termination of any contract with the City, and
imposition of the maximum fine and/or any penalties allowed by law. Additionally, violations may be considered by
and subject to action by the Miami -Dade County Commission on Ethics.
1.23. COPYRIGHT OR PATENT RIGHTS - Bidders warrant that there has been no violation of copyright or
patent rights in manufacturing, producing, or selling the goods shipped or ordered and/or services provided as a
result of this Formal Solicitation, and Bidders 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 - All expenses involved with the preparation and submission of Bids to the
City, or any work performed in connection therewith shall be borne by the Bidder.
1.25. DEBARMENT AND SUSPENSIONS (SECTION 18-107) -
A. Authority and requirement to debar/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 period of not
fewer than three (3) 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
Page 17 of 48
Invitation for Bid (IFB) 1154387
determination. The authority to debar/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/suspension. Causes for debarment or suspension include the following:
1) Conviction for commission of a criminal offense incident to obtaining or attempting to obtain a public or private
Contract or subcontract, or incident to the performance of such Contract or subcontract.
2) Conviction under state or federal statutes of embezzlement, theft, forgery, bribery, falsification or destruction of
records, receiving stolen property, or any other offense indicating a lack of business integrity 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
non -responsibility. 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/suspension.
5) Debarment/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.
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 written 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.
1.26. DEBARRED/SUSPENDED VENDORS - An entity or affiliate who has been placed on the State of Florida
Page 18 of 48
Invitation for Bid (IFB) 1154387
debarred or suspended vendor list may not submit a Response for a solicitation to provide goods or services to a
public entity; may not submit a Response to a solicitation 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 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.
1.27. 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/Contractor 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/Contractor to meet any terms of a Contract, the City will notify the
Successful Bidder/Contractor of the default and will provide the Successful Bidder/Contractor three (3) days
(weekends and holidays excluded) upon notification, by the City, to remedy the default. Failure by the Successful
Bidder/Contractor to correct the default within the required three (3) days, shall result in the Contract being
terminated upon the City notifying in writing the Successful Bidder/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 materials 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/Contractor incapable of performing the work in accordance with, and as required by the Contract.
F. Failure to comply with any of the terms of the Contract in any material respect.
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 to the Successful Bidder/Contractor.
1.28. DETERMINATION OF RESPONSIVENESS AND RESPONSIBILITY - Each Bid will be reviewed to
determine if it is responsive to the submission requirements outlined in the Formal Solicitation.
A.Responsive Bid 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 appropriate signatures
Page 19 of 48
Invitation for Bid (IFB) 1154387
as required on each document. Failure to comply with these requirements may deem a Bid non-responsive.
B. Determination of Responsibility. A Responsible Bidder shall mean a Bidder who has submitted a Bid and who
has the capability, as determined under Section 18-95 of the City Code, in all respects to fully perform the Contract
requirements, and the integrity and reliability of which give reasonable assurance of good faith and performance.
1) Bids will only be considered from any person or firm who are regularly engaged in the business of providing the
good(s)/service(s) required by the Formal Solicitation. Bidder 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.
2) The City may consider any information available regarding the financial, technical, and other qualifications and
abilities of a Bidder, including past performance (experience) with the City or any other governmental entity, in
making the award.
3) The City may require the Bidder(s) to provide documentation 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.
1.29. DISCOUNTS OFFERED DURING TERM OF CONTRACT -Discount prices offered in the Response
shall be fixed after the award of a Contract 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/Contractor during the term of the Contract. Such discounts shall remain in effect for a minimum of one
hundred and eighty (180) days from approval by the City Commission. Any discounts offered by a manufacturer to
Successful Bidder/Contractor will be passed on to the City.
1.30. DISCREPANCIES, ERRORS, AND OMISSIONS -Any discrepancies, errors, or omissions in the Formal
Solicitation, or Addenda (as applicable), should be reported in writing to the City's Procurement Department.
Should it be found necessary, a written Addendum will be incorporated in the Formal Solicitation and will become
part of the Purchase Order (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 (if applicable)
2) Specifications
3) Special Conditions
4) General Terms and Conditions
1.31. EMERGENCY/DISASTER PERFORMANCE -In the event of a natural disaster or other emergency, or
disaster situation, the Successful Bidder/Contractor shall provide the City with the commodities/services defined
Page 20 of 48
Invitation for Bid (IFB) 1154387
within the scope of this Formal Solicitation at the price contained within Bidder's response. Further, Successful
Bidder/Contractor shall deliver/perform for the City on a priority basis during such times of emergency.
1.32. ENTIRE BID CONTRACT -The Bid Contract consists of any amendments to the Bid Contract, the Formal
Solicitation, including any addenda, Bidder's Response and any written agreement entered into by the City of Miami
and Successful Bidder/Contractor, 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 Bid Contract conflicts with, modifies, alters or changes any
of the terms and conditions contained in the Formal Solicitation and/or Bid, the Formal Solicitation, including any
addenda, and then the Bid shall control. This Contract may be amended only by a written agreement signed by the
City and Successful Bidder/Contractor.
1.33. ESTIMATED QUANTITIES - Estimated quantities or dollars are provided for the Bidder's guidance only:
(a) estimates are based on the City's anticipated needs and/or usage during a previous contract period and; (b) the
City may use these estimates to determine the low Bidder. Estimated quantities do not contemplate or include
possible additional quantities that may be ordered by other government, quasi -government or non-profit entities
utilizing this Contract. 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 the
Contract. Said estimates may be used by the City for purposes of determining the low Bidder meeting
specifications. The City reserves the right to acquire additional quantities at the prices bid or at lower prices in this
Formal Solicitation.
1.34. EVALUATION OF RESPONSES -
A. Rejection of Bids. The City may reject a Bid for any of the following reasons:
1) Bidder fails to acknowledge receipt of addenda;
2) Bidder misstates or conceals any material fact in the Bid;
3) Bid does not conform to the requirements of the Formal Solicitation;
4) Bid requires a conditional award that conflicts with the method of award;
5) Bid does not include required samples, certificates, licenses; and,
6) Bid was not executed by the Bidder's authorized agent.
The foregoing is not an all-inclusive list of reasons for which a Bid may be rejected. The City may reject, and/or
re -advertise for all or any portion of the Formal Solicitation, whenever it is deemed in the best interest of the
City.
B. Elimination from Consideration.
1) A Bid 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 Bid 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 failed to deliver on time, under contracts of a similar
nature.
3) A Bid contract may not be awarded to any person or firm who has been debarred by the City, in accordance with
the City's Debarment and Suspension Ordinance (Section 18-107), or is currently debarred by the State of Florida or
Page 21 of 48
Invitation for Bid (IFB) 1154387
any political subdivision, or is on the convicted vendor's list per Section 287.133, Florida Statutes.
1.35. EXCEPTIONS TO GENERAL TERMS AND/OR SPECIAL CONDITIONS OR SPECIFICATIONS -
Exceptions to the specifications shall be listed in the Bid and shall reference the applicable section. Any exceptions
to the General Terms and/or Special Conditions shall be cause for a Bid to be considered non-responsive.
1.36. Freight on Board (F.O.B) DESTINATION -Unless otherwise specified in the Formal Solicitation, all prices
quoted/proposed by the Bidder must be F.O.B. DESTINATION, inside delivery, with all delivery costs and charges
included in the bid price, unless otherwise specified in this Formal Solicitation. Failure to do so may be cause for
rejection of Bid.
1.37. FIR�NI PRICES - The Bidder warrants that prices, terms, and conditions quoted in its Bid will be firm
throughout the duration of the Bid Contract unless otherwise specified in the Formal Solicitation. Such prices will
remain firm for the period of performance, or resulting purchase orders, or Bid Contracts.
1.38. FLORIDA MINIMUM WAGE AND -CITY OF -MIAMI LIVING WAGE ORDINANCE _ - -
A. Florida Minimum Wage. In accordance with the Constitution of the State of Florida, Article X, Section 24,
employers shall pay employee wages no less than the minimum wage for all hours worked in Florida. Accordingly,
it is the Successful Bidder's/Contractor's and their subcontractor's responsibility to understand and comply with this
Florida minimum wage requirement and pay its employees the current established hourly minimum wage rate. This
minimum wage rate is subject to change or adjusted by the rate of inflation using the consumer price index ("CPI")
for urban wage earners and clerical 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 1 st.
It is the Bidder's and their subcontractor's (if applicable), full responsibility to determine whether any of their
employees may be impacted by this Florida Minimum Wage Law, at any given point in time during the term of the
Bid Contract. If impacted, Bidder must provide, with its bid, employee name(s), job title(s), job description(s), and
current pay rate(s). Failure to submit this information at the time of bid submittal constitute Successful
Bidder's/Contractor's acknowledgement and understanding that the Florida Minimum Wage Law will not impact
its prices throughout the term of the Bid Contract, and a waiver of any contractual price increase request(s). The
City reserves the right to request and the Successful Bidder/Contractor must provide for any, and all information to
make a wage and contractual price increase(s) determination.
B. City of Miami Living Wage Ordinance. The City of Miami adopted a Living Wage Ordinance for City Service
Contracts with a total contract value exceeding S 100,000 annually, and that have been competitively solicited and
awarded on, or after January 1, 2017 by the City.
"Service Contract" means a contract to provide services to the City, excluding, however, professional services as
defined by the "Consultants Competitive Negotiation Act" set forth in F.S. § 287.055, and Section 18-87 of the City
Code, and/or the other exclusions provided by Section 18-557 of the City Code. Section 18-557 is attached as
Attachment A. Please see provisions in Attachment A.
If a solicitation requires services, effective on January 1, 2017, Contractors must pay to all its employees, who
provide services, a living wage of no less than $15.00 per hour without health benefits; or a wage of no less than
S 13.19 an hour, with health benefits.
Page 22 of 48
Invitation for Bid (IFB) 1154387
This language is only a summary of the key provisions of the City of Miami Living Wage Ordinance. Please review
Attachment A, attached hereto, for a complete and thorough description of the City of Miami Living Wage
Ordinance.
1.39. GOVERNING LAW AND VENUE - The validity and effect of any Bid Contract as a result of this Formal
Solicitation shall be governed by the laws of the State of Florida. The parties agree that any action, mediation, or
arbitration arising out of the Bid Contract shall take place in Miami -Dade County, Florida. In any action or
proceeding each party shall bear their own respective attorney's fees.
1.40. HEADINGS AND TERNIS - The headings to the various paragraphs of the Bid 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 conditions hereof.
1.41. HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT (HIPPA) - Any person, firm,
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 -(HM), -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 privacy, security, 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 appropriate 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 restrictions and conditions that apply to the
Bidder and reasonable assurances that IIHI/PHI will be held confidential;
E. Making 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 (i.e., paper records, and/or
electronic transfer of data). The Successful Bidder/Contractor must give its customers written notice of its privacy
information practices, including specifically, a description of the types of uses and disclosures that would be made
with protected health information.
Page 23 of 48
Invitation for Bid (IFB) 1154387
1.42 INDEMNIFICATION -Successful Bidder/Contractor shall indemnify, hold and save harmless, and defend (at
its own cost and expense), the City, its officers, agents, directors, and/or employees, from all liabilities, damages,
losses, judgements, and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the
negligence, recklessness, negligent act or omission, or intentional wrongful misconduct of Successful
Bidder/Contractor and persons employed or utilized by Successful Bidder/Contractor in the performance of this
Contract. The Successful Bidder/Contractor shall further, hold the City, its officials and employees, indemnify, save
and hold harmless for, and defend (at its own cost), the City its officials and/or employees against any civil actions,
statutory or similar claims, injuries or damages arising or resulting from the permitted Work, even if it is alleged that
the City, its officials, and/or employees were negligent. In the event that any action or proceeding is brought against
the City by reason of any such claim or demand, the Successful Bidder/Contractor shall, upon written notice from
the City, resist and defend such action or proceeding by counsel satisfactory to the City. The Successful
Bidder/Contractor expressly understands and agrees that any insurance protection required by this Contract or
otherwise provided by the Successful Bidder/Contractor shall in no way limit the responsibility to indemnify, keep
and save harmless and defend the City or its officers, employees, agents and instrumentalities as herein provided.
The indemnification provided above shall obligate the Successful Bidder/Contractor to defend, at its own expense,
to and through trial,. administrative, appellate, supplemental or bankruptcy proceeding,or to _pro_vide for such
defense, at the City's option, any and all claims of liability and all suits and actions of every name and description
which may be brought against the City, whether performed by the Successful Bidder/Contractor, or persons
employed or utilized by the Successful Bidder/Contractor.
These duties will survive the cancellation or expiration of the Contract. This Section will be interpreted under the
laws of the State of Florida, including without limitation and interpretation, which conforms to the limitations of
Sections 725.06 and/or 725.08, Florida Statutes, as applicable and as amended.
Successful Bidder/Contractor shall require all sub-consultant/contractor agreements to include a provision that each
sub -contractor will indemnify the City in substantially the same language as this Section. The Successful
Bidder/Contractor agrees and recognizes that the City shall not be held liable or responsible for any claims which
may result from any actions or omissions of the Successful Bidder/Contractor in which the City participated either
through review or concurrence of the Consultant's actions. In reviewing, approving or rejecting any submissions by
the Successful Bidder/Contractor or other acts of the Successful Bidder/Contractor, the City, in no way, assumes or
shares any responsibility or liability of the Successful Bidder/Contractor or sub-consultant/contractor under this
Contract.
Ten dollars (S10) of the payments made by the City constitute separate, distinct, and independent consideration for
the granting of this Indemnification, the receipt and sufficiency of which is voluntarily and knowingly
acknowledged by the Successful Bidder/Contractor.
1.43. FORMATION AND DESCRIPTIVE LITERATURE - Bidders must furnish all information requested in
the spaces provided in the Formal Solicitation. Further, as may be specified elsewhere, each Bidder must submit for
evaluation, cuts, sketches, descriptive literature, technical specifications, and Material Safety Data Sheets (MSDS)
as required, covering the products offered. Reference to literature submitted with a previous bid, or on file with the
City, will not satisfy this provision.
Page 24 of 48
Invitation for Bid (IFB) 1154387
1.44. INSPECTIONS - The City may, at reasonable times during the term of the Bid Contract, inspect Successful
Bidder's/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 Successful Bidder/Contractor, under the Bid Contract
conform to the terms and conditions of the Formal Solicitation. Successful Bidder/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 18-101) City Code, as same may be amended or supplemented, from time
to time, which, in conjunction with Section 18-102, providing for audits of City contractors, are applicable and are
deemed as being incorporated by reference as supplemental terms.
1.45. INSPECTION OF BID - Bids 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 30 days after bid
closing, whichever is earlier. Bid results will be tabulated and may be furnished upon request, via fax or e-mail, to
the City's Procurement Contracting Officer, issuing the Formal Solicitation. Tabulations are also available on the
City's website following a recommendation for award.
1.46. INSURANCE Within ten (10) -days after receipt of Notice of Award, the Successful Bidder/Contractor; shall
furnish the evidence of insurance to the Procurement Department, as applicable. Submitted evidence of insurance
shall demonstrate strict compliance with all requirements stipulated in the Special Conditions section titled
"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 certificate of
insurance is received within the specified time frame but not in the manner prescribed in the Formal Solicitation, the
Successful Bidder/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 Successful Bidder/Contractor fails to submit the
required insurance documents in the manner prescribed in the Formal Solicitation within fifteen (15) calendar days
after receipt of the Notice of Award, the Successful Bidder/Contractor shall be in default of the contractual terms
and conditions and will not be awarded the contract. Information regarding any insurance requirements shall be
directed to the Risk Management Director, Department of Risk Management, at 444 SW 2nd Avenue, 9th Floor,
Miami, Florida 33130,305-416-1384.
The Successful Bidder/Contractor shall be responsible for ensuring that the insurance documents required in
conjunction with this Section remain in effect for the duration of the contractual period; including any renewals and
extensions that may be exercised by the City.
1.47. INVOICES - Invoices submitted by Successful Bidder/Contractor to the City shall include the Purchase Order
number and description 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).
1.48. LOCAL PREFERENCE -City Code Section 18-85, states, "when a responsive, responsible non -local Bidder
submits the lowest bid price, and the bid submitted by one or more responsive, responsible local Bidders who
maintain a local office, as defined in Section 18-73, is within fifteen percent (15%) of the price submitted by the
non -local Bidder, then that non -local Bidder and each of the aforementioned responsive, responsible local Bidders
shall have the opportunity to submit a best and final bid equal to or lower than the amount of the low bid previously
Page 25 of 48
Invitation for Bid (IFB) 114387
submitted by the non -local Bidder. Contract award shall be made to the lowest responsive, responsible Bidder
submitting the lowest best and final bid. In the case of a tie in the best and final bid between a local Bidder and a
non -local Bidder, contract award shall be made to the local Bidder."
1.49. MANUFACTURER'S CERTIFICATION - The City reserves the right to request from Bidders a separate
Manufacturer's Certification of all statements made in the Bid. Failure to provide such certification may result in the
rejection of the Bid, or termination of the Bid Contract, for which the Bidder/Successful Bidder/Contractor shall
bear full liability.
1.50. MODIFICATIONS OR CHANGES IN PURCHASE ORDERS AND CONTRACTS - No Contract or
understanding to modify the Formal Solicitation and the resultant Purchase Order(s) or Bid Contract, if applicable,
shall be binding upon the City, unless made in writing by the City's Director of Procurement through the issuance of
a change order, addendum, amendment, or supplement to the Bid Contract, Purchase Order, or award sheet, as
applicable.
1.51. MOST FAVORED NATIONS _—Successful Proposer shall not -treat the City of Miami ("City") .worse than _
any other similarly -situated local government and, in this regard, grants the City a "most favored nations clause"
meaning the City will be entitled to receive and be governed by the most favorable terms and conditions that
Successful Bidder/Proposer grants now or in the future to a similarly situated local government.
1.52. NO PARTNERSHIP OR JOINT VENTURE - Nothing contained in the Bid Contract will be deemed or
construed to create a partnership or joint venture between the City and Successful Bidder/Contractor, or to create
any other similar relationship between the parties.
1.53. 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 derived from any test for compliance with
specifications is public record, and open to examination thereto in accordance with Chapter 119, Florida Statutes.
Items delivered, not conforming to specifications may be rejected, and returned at Successful Bidder's/Contractor's
expense. The non -conforming items not delivered in accordance with the stipulated delivery date in the Bid and/or
Purchase Order, may result in Successful Bidder/Contractor being found in default, in which event, any and all
re -procurement costs may be charged against the defaulted Successful Bidder/Contractor. Any violation of the
above stipulations may also result in the Successful Bidder/Contractor being removed from the City's supplier's list.
1.54. NONDISCRIMINATION - Successful Bidder/Contractor affirms that it shall not discriminate as to race,
gender, color, age, religion, national origin, marital status, or disability, in connection with its performance under the
Formal Solicitation. Furthermore, Successful Bidder/Contractor affirms that no otherwise qualified individual shall
solely by reason of their race, gender, 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,
Successful Bidder/Contractor shall not discriminate against any person on the basis of race, gender, color, age,
religion, national origin, marital status or disability. All persons having appropriate qualifications shall be afforded
Pate 26 of 48
Invitation for Bid (IFB) 1154387
equal opportunity for employment.
1.55. NON-EXCLUSIVE CONTRACT/ PIGGYBACK PROVISION- At such times as may serve in the City's
best interest, the City reserves the right to advertise for, receive, and award additional contracts for the goods and/or
services described herein, and to make use of other competitively bid (governmental) contracts, agreements, or other
similar sources, for the purchase of the goods and/or services described herein, as may be available in accordance
with the applicable provisions of the City of Miami Procurement Ordinance.
It is hereby agreed and understood that the Formal Solicitation does not constitute the exclusive rights of the
Successful Bidder(s)/Contractor(s) to receive all orders that may be generated by the City, in conjunction with the
Formal Solicitation.
In addition, any and all goods, and/or 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 the Formal Solicitation, unless such purchases are determined to be in the best interest of the
City.
1.56.NOTICE_ REGARDING _'CURES" - Bids submitted with irregularities, deficiencies, and/or technicalities
that deviate from the minimum qualifications and submission requirements of Request for Qualifications (RFQ),
Request for Proposals (RFP), invitation to bid (ITB), invitation for bids (IFB), invitation to quote (ITQ), Requests
for Letters of Interest (RFLI) and Request for Sponsorships (RFS) shall result in a non-responsive determination.
any solicitation issued after May 6, 2019, shall comply with APM 2-19. APM 2-19 is attached hereto. only minor
irregularities, deficiencies, and technicalities may be allowed to be timely cured by the proposer at the sole
discretion of the city. material irregularities, deficiencies, and technicalities cannot be cured by the proposer, and are
not waivable by the city.
BIDS SUBMITTED WITH IRREGULARITIES. DEFICIENCIES. AND/OR TECHNICALITIES THAT
DEVIATE FROM THE MINIMUM QUALIFICATIONS AND SUBMISSION REQUIREMENTS OF THIS
IFB SHALL RESULT IN A NON-RESPONSIVE DETERMINATION. The City will not give consideration to
the curing of any Bids that fail to meet the minimum qualifications and submission requirements of this IFB.
Proposer understands that non-responsive Bids will not be evaluated.
1.57. OCCUPATIONAL LICENSE/BUSINESS TAX RECEIPT - Any person, firm, corporation, or joint
venture, with a business location within the City's municipal boundaries and is submitting a Bid under the Formal
Solicitation shall meet the City's Business Tax Receipt requirements in accordance with Chapter 31.1, Article I of
the City of Miami Charter. Others with a location outside of the City's municipal boundaries shall meet their local
Occupational License/Business Tax Receipt requirements. A copy of the Occupational License/Business Tax
Receipt must be submitted with the Bid; however, the City may, in its sole discretion, and in its best interest, allow
the Bidder to provide the Occupational License/Business Tax Receipt to the City during the evaluation period, but
prior to award. A Certificate of Use ("CU") will be required if applicable under City regulations.
1.58. ONE PROPOSAL - Only one (1) Bid from an individual, firm, partnership, corporation, or joint venture will
be considered in response to the Formal Solicitation, unless otherwise stipulated in the Formal Solicitation.
Page 27 of 48
Invitation for Bid (IFB) 1154387
1.59. 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/Contractor,
pursuant to the Formal Solicitation shall at all times remain the property of the City, and shall not be used by the
Successful Bidder/Contractor for any other purposes whatsoever, without the written consent of the City.
1.60. PARTIAL INVALIDITY - If any provision of the Bid Contract or the application thereof, to any person or
circumstance, shall to any extent be held invalid, then the remainder of the Bid 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 the Bid Contract shall be valid and enforced to the fullest extent permitted by law.
1.61. PERFORMANCE/PAYMENT BOND - A Successful Bidder/Contractor may be required to furnish a
Performance/Payment Bond as part of the requirements of the Bid Contract, in an amount equal to one hundred
percent (100%) of the Bid Contract price. Any bond furnished will comply with Florida Law, and be in a form
acceptable to the City of Miami Risk Management Director.
1.62. PREPARATION OF BIDS (HARDCOPY FORMAT) - Bidders are expected to examine the specifications,
required delivery, drawings, and all special and general conditions. All bid amounts, if required, shall be either
typewritten, or manually entered into the space provided, with ink. Failure to do so will be at the Bidder's risk.
A. Each Bidder shall furnish the information required in the Formal Solicitation. The Bidder shall sign the Bid, and
print type or manually enter the name of the Bidder, the Bidder's address and telephone number, on the face page
and on each continuation sheet thereof, on which the Bidder makes an entry, where 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.O.B. Miami delivery inside City premises, unless otherwise specified. Bidder shall
include in their Bid all taxes, insurance, social security (if applicable), workmen's compensation, and any other
benefits normally paid by the Bidder to its employees. If applicable, a unit price 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 price and extended price, the unit price will
prevail.
C. The Bidder must state a definite time, if required, in calendar days, for delivery of goods and/or services.
D. The Bidder should retain a copy of all response documents for future reference.
E. All Bids, as described, must be fully completed and typed, or printed in ink and must be signed in ink with the
Bidder's name, and by an officer or employee having authority to represent the Bidder by their signature. Bids
having any erasures or corrections, must be initialed in ink by person signing the Bid or the Bid may be
rejected.
F. Bids shall remain valid for at least 180 days. Upon award of a Bid Contract, the content of the Successful
Bidder's/Contractor's Bid, may be included as part of the Bid Contract, at the City's discretion.
Page 28 of 48
Invitation for Bid (IFB) 11543 87
G. The City 's Bid Forms shall be used when Bidder is submitting its Bid in hardcopy format. Use of any other
forms, will result in the rejection of the Bid. IF SUBMITTING IN HARDCOPY FORMAT, THE ORIGINAL BID
FORMS, UNLESS OTHERWISE SPECIFIED, AND ANY REQUIRED ATTACHMENTS, MUST BE
RETURNED TO THE CITY, TO THE LOCATION SPECIFIED N THE FORMAL SOLICITATION, OR THE
BID MAY BE DEEMED NON-RESPONSIVE.
1.63. PRICE ADJUSTMENTS - Any price decrease effectuated during the Bid Contract period, either by reason of
market change, or on the part of the Successful Bidder/Contractor to other customers shall be passed on to the City.
1.64. PRODUCT SUBSTITUTES - In the event a particular awarded and approved manufacturer's product
becomes unavailable during the term of the Bid Contract, the Successful Bidder/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.
1.65. CONFLICT OF INTEREST, AND UNETHICAL BUSINESS PRACTICE PROHIBITIONS -
Successf it Bidder/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 the Bid Contract and that the Successful Bidder/Contractor 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 the Bid Contract.
1.66. PROMPT PAYMENT - Bidders may offer a cash discount for prompt payment; however, discounts shall not
be considered in determining the lowest net cost for Bid evaluation purposes.
Bidders 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 must enter zero (0) for the percentage discount to indicate no
discount. If the Bidder fails to enter a percentage, it is understood and agreed that the terms shall be two percent
(2%), 20 days, effective after receipt of invoice or final 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 original prices quoted on the Price Sheet will be accepted from Successful Bidder(s) during
the term of the contract. The City will comply with the Florida Prompt Payment Act, as applicable.
1.67. PROPERTY - Property owned by the City is the responsibility of the City. Such property furnished to a
Successful Bidder/Contractor for repair, modification, study, etc., shall remain the property of the City. Damages to
such property occurring while in the possession of the Successful Bidder/Contractor shall be the responsibility of the
Successful Bidder/Contractor. Damages occurring to such property while in route to the City, shall be the
responsibility of the Successful Bidder/Contractor. In the event that such property is destroyed, or declared a total
loss, the Successful Bidder/Contractor shall be responsible for the replacement value of the property, at the current
market value, less depreciation of the property, if any.
Page 29 of 48
Invitation for Bid (IFB) 1151387
1.68. PROVISIONS BINDING - Except as otherwise expressly provided in the resultant Bid Contract, all
covenants, conditions and provisions of the resultant Bid Contract, shall be binding upon, and shall inure to the
benefit of the parties hereto and their respective heirs, legal representatives, successors, and assigns.
1.69. PUBLIC ENTITY CREMES - A person or affiliate who has been placed on the convicted vendor list,
following a conviction for a public entity crime may not:
A. Submit a Bid to provide any goods or services to a public entity.
B. Submit a Bid on a contract with a public entity for the construction or repair of a public building or public work.
C. Submit responses on leases of real property to a public entity.
D. Be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any
public entity.
E. Transact business with any public entity in excess of the threshold amount provided in Section 287.017, for
CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list.
1.70. PUBLIC RECORDS - Successful Bidder/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, Florida Statutes, and City Code, Section 18, Article I11, and agrees to allow access by the City and the public,
to all documents subject to disclosure under applicable law. Successful Bidder/Contractor shall additionally comply
with the provisions of Section 119.070 1, Florida Statutes, titled "Contracts; public records".
Successful Bidder/Contractor shall additionally comply with Section 119.0701, Florida Statutes, including without
limitation:
A. Keep and maintain public records that ordinarily and necessarily would be required by the City to perform this
service.
B. Provide the public with access to public records on the same terms and conditions as the City would at the cost
provided by Chapter 119, Florida Statutes, or as otherwise provided by law.
C. Ensure that public records that are exempt or confidential and exempt from disclosure are not disclosed except as
authorized by law.
D. Meet all requirements for retaining public records and transfer, at no cost, to the City all public records in its
possession upon termination of this Agreement and destroy any duplicate public records that are exempt or
confidential and exempt from disclosure requirements.
Page 30 of 48
Invitation for Bid (IFB) 1154387
E. All electronically stored public records must be provided to the City in a format compatible with the City's
information technology systems. IF THE CONSULTANT HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES. TO THE CONSULTANT'S DUTY TO
PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE DIVISION OF
PUBLIC RECORDS AT (305) 416-1800, VIA EMAIL AT PUBLICRECORDSCMIAMIGOV.COivI. OR
REGULAR MAIL AT CITY OF MIAMI OFFICE OF THE CITY ATTORNEY. 444 SW 2ND AVENUE,
9TH FL, MI.AMI, FL 33130, THE CONSULTANT MAY ALSO CONTACT THE RECORDS CUSTODIAN
AT THE CITY OF MIAMI DEPARTMENT WHO IS ADMINISTERING THIS CONTRACT.
Successful Bidder/Contractor's failure or refttsal to comply with the provision of this Section shall result in the
immediate cancellation of the Bid Contract by the City.
1.71. QUALITY OF GOODS, MATERIALS, SUPPLIES, AND PRODUCTS - All materials used in the
manufacturing, or construction of supplies, or materials, covered by the Formal Solicitation shall be new. The items
bid shall be_of the latest make or model, of the best_ quality, and of the highest grade of workmanship, unless as
otherwise specified in the Formal Solicitation.
1.72. QUALITY OF WORK/SERVICES - The work/services performed shall 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 the Formal Solicitation.
1.73. REMEDIES PRIOR TO AWARD (SECTION 18-106) - If prior to a Bid Contract award, it is determined
that a Formal Solicitation or proposed bid award is in violation of law, then the Formal Solicitation or proposed bid
award shall be cancelled and all bids rejected by the City Commission, the City Manager, or the Chief Procurement
Officer, as may be applicable, or revised to comply with the law.
1.74. RESOLUTION OF CONTRACT DISPUTES (SECTION 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 disputes between the Successful Bidder/Contractor 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
disputes 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.
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.
1.75. RESOLUTION OF PROTESTED SOLICITATIONS AND AWARDS (SECTION 18-104):
Page 31 of 48
Invitation for Bid (IFB) 1154387
(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 525,000.00. Protests
thereon shall be governed by the administrative policies and procedures of purchasing.
(1) Protest ofsolicitation.
a. Any prospective proposer who perceives itself aggrieved 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
b. Any prospective bidder who intends to contest bid specifications or a bid 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 bid 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 aYt,ard..
a. Any actual proposer who perceives itself aggrieved in connection with the recommended award of 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 two days after receipt by the proposer of the notice of the city manager's
recommendation for award of contract. The receipt by proposer 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; or
b. 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.
c. A written protest based on any of the foregoing must be submitted to the chief procurement officer within five
days after the date the notice of protest was filed. A written protest is considered filed when received by the chief
procurement officer.
The written protest may not challenge the relative weight of the evaluation criteria or the formula for
assigning points in making an award determination.
Page 32 of 48
Invitation for Bid (IFB) 1154387
The written protest shall state with particularity 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 period shall run until the end of the next day which is 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)Authority to resolve protests; hearing officer(s).
Hearing officers appointed by the city shall have authority to resolve protests filed under this chapter of the City
Code. The city manager shall appoint a hearing officer, from a separate list of potential hearing officers
pre -approved by the city commission, to resolve protests filed in accordance with this section, no later than five
working days following the filing of a bid protest. The hearing officer shall have the authority to settle and resolve
any written protest. The hearing officer shall submit said decision to the protesting party and to the other persons
specified within ten days after he/she holds a hearing under the protest.
(1) Hearing officer. The hearing officer may be a special master as defined in chapter 2, article X, section 2-811 of
the City Code, or a lawyer in good standing with the Florida Bar for a minimum of ten years with a preference
given to a lawyer who has served as an appellate or trial court judge. The hearing officer may be appointed from
alternative sources (e.g. expert consulting agreements, piggyback contracts, etc.) where the city commission
adopts a recommendation of the city attorney that such action is necessary to achieve fairness in the proceedings.
The engagement of hearing officers is excluded from the procurement ordinance as legal services. The hearing
officers appointed in the pre -qualified group should be scheduled to hear protests on a rotational basis.
(2) Right of protest. Any actual bidder or proposer who has standing under Florida law dissatisfied and aggrieved
with the decision of the city regarding the protest of a solicitation or the protest of an award as set forth above in
this section may request a protest hearing. Such a written request for a protest hearing must be initiated with a
notice of intent to protest followed by an actual protest as provided in subsection 18-104(a). The notice of intent to
protest and the actual protest must each be timely received by the chief procurement officer and must comply with
all requirements set forth in subsection 18-104(a). Failure to submit the required notice of intent to protest and the
actual protest within the specified timeframes will result in an administrative dismissal of the protest.
(3) Hearing date. Within 30 days of receipt of the notice of protest, the chief procurement officer shall schedule a
hearing before a hearing officer, at which time the person protesting shall be given the opportunity to demonstrate
Page 33 of 48
Invitation for Bid (IFB) 1154387
why the decision of the city relative to the solicitation or the award, which may include a recommendation for
award by the city manager to the city commission, as applicable, should be overturned. The party recommended
for award, if it is a protest of award, shall have a right to intervene and be heard.
(4) Hearing procedure. The procedure for any such hearing conducted under this article shall be as follows:
a. The city shall cause to be served by certified mail a notice of hearing stating the time, date, and place of the
hearing. The notice of hearing shall be sent by certified mail, return receipt requested, to the mailing address of the
protester.
b. The party, any intervenor, and the city shall each have the right to be represented by counsel, to call and
examine witnesses, to introduce evidence, to examine opposing or rebuttal witnesses on any relevant matter
related to the protest even though the matter was not covered in the direct examination, and to impeach any
witness regardless of which party first called him/her to testify. The hearing officer may extend the deadline for
completion of the protest hearing for good cause shown, but such an extension shall not exceed an additional five
business days. The hearing officer shall consider the written protest and supporting documents and evidence
appended thereto, supporting documents or evidence from any intervenor, and the decision or recommendation as
to the solicitation or award being protested, as applicable. The protesting party, and any intervenor, must file all
pertinent documents supporting his/her protest or motion to intervene at least five business days before the
hearing, as applicable. The hearing officer shall allow a maximum of two hours for the protest presentation and a
maximum of two hours for the city response. When there is an intervenor, a maximum of two hours will be added
for the intervenor. In the event of multiple protests for the same project, the hearing officer shall allocate time as
necessary to ensure that the hearing shall not exceed a total of one day.
c. The hearing officer shall consider the evidence presented at the hearing. In any hearing before the hearing
officer, irrelevant, immaterial, repetitious, scandalous, or frivolous evidence shall be excluded. All other evidence
of a type commonly relied upon by reasonably prudent persons in the conduct of their affairs shall be admissible
whether or not such evidence would be admissible in trial in the courts of Florida. The hearing officer may also
require written summaries, proffers, affidavits, and other documents the hearing officer determines to be necessary
to conclude the hearing and issue a final order within the time limits set forth by this section.
d. The hearing officer shall determine whether procedural due process has been afforded, whether the essential
requirements of law have been observed, and whether the decision was arbitrary, capricious, an abuse of
discretion, or unsupported by substantial evidence as a whole. Substantial evidence means such relevant evidence
as a reasonable mind might accept as adequate to support a conclusion.
e. Within ten days from the date of the hearing, the hearing officer shall complete and submit to the City Manager,
the City Attorney, any intervenor, the Chief Procurement Officer, and the person requesting said hearing a final
order consisting of his/her findings of fact and conclusions of law as to the denial or granting of the protest, as
applicable.
Page 34 of 48
Invitation for Bid (IFB) 1154387
f. The decisions of the hearing officer are final in terms of city decisions relative to the protest.
Any appeal from the decision of the hearing officer shall be in accordance with the Florida Rules of
Appellate Procedure.
(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 written 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 $5,000.00, whichever
is less, which filing fee shall guarantee the payment of all costs which may be 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 prescribed by subsection (e) above. (Ord. No. 12271, § 2, 8-22-02; Ord. No. 13629,
§ 2, 9-8-16)
1.76. 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) will be notified by the City to remove such samples, at Bidder's
expense, within 30 days after notification. Failure to remove the samples will result in such samples becoming the
property of the City.
Page 35 of 48
Invitation for Bid (IFB) 1154387
1.77. SELLING, TRANSFERRING OR ASSIGNING RESPONSIBILITIES - Successful Bidder/Contractor
shall not sell, assign, transfer, or subcontract at any time during the term of the Contract, the Contract itself, or any
portion thereof, or any part of its operations, or assign, sell, pledge, dispose, convey, or encumber any portion of the
performance required by this Bid Contract, except under, and by virtue of written permission granted by the City
through the proper officials, which may be withheld or conditioned, in the City's sole discretion.
1.78. SERVICE AND WARRANTY - When specified, the Bidder shall define all warranty, service, and
replacements that will be provided. Bidders must explain on the Bid to what extent warranty and service facilities
are available. A copy of the manufacturer's warranty, if applicable, should be submitted with Bidder's response.
1.79. SILENCE OF SPECIFICATIONS - The apparent silence of the scope of work/specifications, and any
supplemental scope of work/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
materials of first quality and correct type, size, and design shall be used. All workmanship and services shall be first
quality.
All interpretations of the scope of work/specifications shall be made upon the basis of this statement.
If Bidder has a current contract with the State of Florida, Department of General Services, to supply the items in the
Formal Solicitation, the Bidder shall quote not more than the contract price; failure to comply with this request will
result in disqualification of the Bid.
1.80. SUBMISSION AND RECEIPT OF BIDS - Bids may be submitted electronically via the Oracle System or
may be submitted in hardcopy format to the City Clerk's Office, City Hall, 3500 Pan American Drive, Miami,
Florida 33133-5504, at or before, the specified closing date and time, as designated in the Formal Solicitation. NO
EXCEPTIONS. Bidders are welcome to attend the Bid closing for hardcopy submission; however, no award will be
made at that time.
A. Hardcopy responses shall be enclosed in a sealed envelope, box, or package. The face of the envelope, box, or
package must show the date and time specified for receipt of Bids, the Formal Solicitation number and title, and the
name and return address of the Bidder. Hardcopy responses, not submitted on the requisite Bid Forms, may be
deemed non-responsive. Hardcopy responses received at any other location than the location specified, will be
deemed non-responsive.
Directions to City Hall for Submission of Hardcopy Responses
FROM THE NORTH: I-95 SOUTH UNTIL IT TURNS INTO US 1. US 1 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: US1 NORTH TO 27TH AVENUE, TURN RIGHT, PROCEED SOUTH TO SO.
BAYSHORE DR. (3RD TRAFFIC LIGHT), TURN LEFT, I BLOCK TURN RIGHT ON PAN AMERICAN DR.
CITY HALL IS AT THE END OF PAN AMERICAN DR. PARKING IS ON RIGHT.
Page 36 of 48
Invitation for Bid (IFB) 1154387
B. Facsimile responses will not be considered.
C. Failure to follow these procedures may deem your Bid non-responsive.
D. The responsibility for obtaining and submitting a Bid on or before the Bid closing date is solely and strictly the
responsibility of Bidder. The City is not responsible for delays specifically caused by the United States Postal
Service delivery or caused by any other occurrence. Bids received after the Bid closing date and time, will be
considered late, will remain unopened and will not be considered for award.
E. Late, misdelivered, or incorrectly addressed responses will be rejected.
F. All Bids are subject to the conditions specified herein. Bids that do not comply with these conditions may be
deemed non-responsive.
G. Modifications/changes of Bids already submitted will be considered only if received at the City Clerk's
Office before the Bid closing date and time. All modifications/changes shall be submitted either via the Oracle
System or in hardcopy to the City Clerk's Office. Once a Formal Solicitation closes (closed date and/or time
expires), the City will not consider any subsequent modifications/changes which alters the Bids.
H. If hardcopy responses are being submitted at the same time for different Formal 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 1.78.A.
1.81. TAXES - The City is exempt from any taxes imposed by the State and/or Federal Government. Exemption
certificates will be provided upon request. Notwithstanding, Bidders should be aware that all materials and supplies
that are purchased by the Bidder for the completion of the Bid Contract is subject to the Florida 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.
1.82. TERMINATION - The City Manager, on behalf of the City, reserves the right to terminate the Bid Contract
by written notice to the Successful Bidder/Contractor effective as of the date specified in the notice, should any of
the following apply:
A. The Successful Bidder/Contractor is determined by the City, to be in breach of any of the terms and conditions of
the Bid Contract.
B. The City has determined that such termination will be in the best interest of the City, to terminate the Bid
Contract for its own convenience;
C. Funds are not available to cover the cost of the contracted goods and/or services. The City's obligation is
contingent upon the availability of appropriate funds.
Page 37 of 48
Invitation for Bid (IFB) 1154387
1.83. TERMS OF PAYMENT - Payment will be made by the City after the goods and/or services have been
received, inspected, and found to comply with award specifications, free of damage, or defect, and properly
invoiced. Payment will be made after delivery, within forty-five (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.
1.84. TIMELY DELIVERY -Time will be of the essence for any orders placed as a result of the Formal
Solicitation. The City reserves the right to cancel such orders, or any part thereof, without obligation, if delivery is
not made within the time(s) specified in the Bid. Deliveries shall be made during regular City business hours, unless
otherwise specified in the Special Conditions.
1.85. TITLE - Title to the goods shall not pass to the City until after the City has inspected and accepted the goods
or used the goods, whichever comes first.
1.86. TRADE SECRETS EXECUTION TO PUBLIC RECORDS DISCLOSURE -All Bids 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 Bid contains information that constitutes a "trade secret", all material that qualifies for
exemption from Chapter 119, must be submitted in a separate envelope, clearly identified as "TRADE SECRETS
EXCEPTION," with Bidder's name, the Formal Solicitation number, and title marked on the outside.
Please be aware that the designation of an item as a trade secret by Bidder may be challenged in court by any
person. By Bidder's designation of material in Bidder's Response as a "trade secret" Bidder agrees 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 Bidder's claim.
1.87. UNAUTHORIZED WORK OR DELIVERY OF GOODS - Neither the Successful Bidder/Contractor nor
any of their employees shall perform any work, or deliver any goods, unless a change order or purchase order is
issued and received by the Successful Bidder/Contractor. The Successful Bidder/Contractor will not be paid for any
work performed, or goods delivered outside the scope of the Bid Contract, or any work performed by Successful
Bidder's/Contractor's employee(s) not otherwise previously authorized.
1.88. 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 materials containing information obtained from the
Formal Solicitation shall be mentioned, or imply the name of the City, without prior express written permission
from the City Manager, or the City Commission.
1.89. VARIATIONS OF SPECIFICATIONS - For purposes of the Formal Solicitation evaluation, Bidder(s) must
indicate any variances from the Formal Solicitation scope of work/specifications and/or conditions, no matter how
slight. If variations, are not stated on their Bid, it will be assumed that the product fully complies with the Formal
Solicitation's scope of work/specifications.
Page 38 of 48
Invitation for Bid (IFB) 1154387
2. Special Conditions
2.1. PURPOSE
The purpose of this Solicitation is to establish a contract, for Road Service Tire Repairs -Citywide, as specified
herein, from a source(s), fully compliant with the terms, conditions and stipulations of the Solicitation.
2.2. DEADLINE FOR RECEIPT OF REQUEST FOR ADDITIONAL INFORivIATION/CLARIFICATION
Any questions or clarifications concerning this solicitation shall be submitted by email or facsimile to the
Procurement Department, Attn: Cristiane Lima; fax: 305-400-5009 or email: CLima@miamigov.com, and a copy
filed with the Office of the City Clerk, pursuant to Section 1.20. Cone of Silence. The solicitation title and number
shall be referenced on all correspondence. All questions must be received no later than Monday, January 6, 2020 @
3:00 p.m.. All responses to questions will be sent to all prospective bidders/proposers in the form of an addendum.
NO QUESTIONS WILL BE RECEIVED VERBALLY OR AFTER SAID DEADLINE.
2.3. PRE-BID/PRE-PROPOSAL CONFERENCE
None
2.4. TERNI OF CONTRACT
The Contract shall commence upon the date of notice of award and shall be effective for two (2) years with the
option to renew for three (3) additional one (1) year periods, subject to the availability of funds for succeeding fiscal
years.
Continuation of the contract beyond the initial period is a City prerogative; not a right of the Bidder. This
prerogative will be exercised only when such continuation is clearly in the best interest of the City.
2.5. CONDITIONS FOR RENEWAL
Each renewal of this contract is subject to the following:
(1) Continued satisfactory performance compliance with the specifications, terms and conditions established
herein.
(2) Availability of funds
2.6. NON -APPROPRIATION OF FUNDS
In the event no funds or insufficient funds are appropriated and budgeted or are otherwise unavailable in any fiscal
period for payments due under this contract, then the City, upon written notice to Successful Bidder(s) or their
assignee of such occurrence, shall have the unqualified right to terminate the contract without any penalty or
expense to the City. No guarantee, warranty or representation is made that any particular or any project(s) will be
awarded to any firm(s).
Page 39 of 48
Invitation for Bid (IFB) 1154387
2.7. CURES
Please refer to Section 1.56, Notice Regarding "Cures" of the General Terms and Conditions of this Solicitation.
2.8. BIDDERS MINIMUM QUALIFICATIONS
Bids will only be considered from firms that are regularly engaged in the business of providing goods and/or
services described herein for the last three (3) years with the same FEI Number; that have adequate financial
support, equipment and organization to insure that they can satisfactorily provide the goods and/or services if
awarded a Contract under the terms and conditions herein stated. Bidder shall:
(1) Not have any member, officer, or stockholder that is in arrears or is in default of any debt or contract involving
the City, is a defaulter surety otherwise, upon any obligation to the City, and/or has failed to perform faithfully on
any previous contract with the City.
(2) Have no record of pending lawsuits or criminal activities, and have never been declared bankrupt.
2.9. METHOD OF AWARD
Award of this Contract will be awarded based on a Group by Group basis, as described below:
GROUP 1: AUTOMOTIVE AND LIGHT TRUCKS
Award of this Group will be made to the lowest responsive and responsible Bidder(s) on a primary, and secondary
basis, who bids on all items and whose bid offers the lowest price when all items are added in the aggregate. In the
event the primary Successful Bidder(s) is unable to accept a project due to capacity, time constraints, or other
reasons acceptable to the City, the City will offer the project to the secondary Successful Bidder(s), and so forth.
GROUP 2: HEAVY TRUCKS
Award of this Group will be made to the lowest responsive and responsible Bidder(s) on a primary, and secondary
basis, who bids on all items and whose bid offers the lowest price when all items are added in the aggregate. In the
event the primary Successful Bidder(s) is unable to accept a project due to capacity, time constraints, or other
reasons acceptable to the City, the City will offer the project to the secondary Successful Bidder(s), and so forth.
The City reserves the right to accept or reject any or all bids or part of bids, waive informalities and re -bid these
services specified herein.
2.10. REFERENCES
Each bid must be accompanied by a list of three (3) references, as reflected in the Header/Attributes Section of this
Solicitation, which shall include the name of the company, dates of contract, description of goods/services supplied,
a contact person and the telephone number. NO BID WILL BE CONSIDERED WITHOUT THIS LIST.
Page 40 of 48
Invitation for Bid (IFB) 1154387
2.11. TIE BIDS
Whenever two or more Bids which are equal with respect to price, quality and service are received by the City for
the procurement of commodities or contractual services, a Bid received from a business that certifies that it has
implemented a drug-free workplace program shall be given preference in the award process. Established procedures
for processing tie Bids will be followed if none of the tied vendors have a drug-free workplace program. In order to
have a drug-free workplace program, a business shall:
(1) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or
use of a controlled substance is prohibited in the workplace and specifying the action that will be taken against
employees for violations of such prohibition.
(2) Inform employees about the dangers of drug abuse in the workplace, the business' policy of maintaining a
drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the
penalties that may be imposed upon employees for drug abuse violations.
(3) Give each employee engaged in providing the commodities or contractual services that are under Bid a copy of
the statement specified in subsection (1).
(4) In the statement specified in subsection (1), notify the employees that, as a condition of working on the
commodities or contractual services that are under Bid, the employee will abide by the terms of the statement and
will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 or
of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later
than five (5) days after such conviction.
(5) Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation
program, if such is available in the employee's community, by any employee who is so convicted.
(6) Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section
2.12. INSURANCE REQUIREMENTS
INDEMNIFICATION
Successful Bidder(s) shall indemnify, hold and save harmless, and defend (at its own cost and expense), the City, its
officers, agents, directors, and/or employees, from all liabilities, damages, losses, judgements, and costs, including,
but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness, negligent act or
omission, or intentional wrongful misconduct of Successful Bidder(s) and persons employed or utilized by
Successful Bidder(s) in the performance of this Contract. Successful Bidder(s) shall further, hold the City, its
officials and employees, indemnify, save and hold harmless for, and defend (at its own cost), the City its officials
and/or employees against any civil actions, statutory or similar claims, injuries or damages arising or resulting from
the permitted Work, even if it is alleged that the City, its officials, and/or employees were negligent. In the event
that any action or proceeding is brought against the City by reason of any such claim or demand, the Successful
Bidder(s) shall, upon written notice from the City, resist and defend such action or proceeding by counsel
satisfactory to the City. The Successful Bidder(s)expressly understands and agrees that any insurance protection
required by this Contract or otherwise provided by the Successful Bidder(s) shall in no way limit the responsibility
to indemnify, keep and save harmless and defend the City or its officers, employees, agents and instrumentalities as
herein provided.
The indemnification provided above shall obligate the Successful Bidder(s) to defend, at its own expense, to and
Page 41 of 48
Invitation for Bid (IFB) 1154387
through trial, administrative, appellate, supplemental or bankruptcy proceeding, or to provide for such defense, at
the City's option, any and all claims of liability and all suits and actions of every name and description which may be
brought against the City, whether performed by the Successful Bidder(s), or persons employed or utilized by
Successful Bidder(s).
These duties will survive the cancellation or expiration of the Contract. This Section will be interpreted under the
laws of the State of Florida, including without limitation and interpretation, which conforms to the limitations of
Sections 725.06 and/or 725.08, Florida Statutes, as applicable and as amended.
Successful Bidder(s) shall require all sub -contractor agreements to include a provision that each sub -contractor will
indemnify the City in substantially the same language as this Section. The Successful Bidder(s) agrees and
recognizes that the City shall not be held liable or responsible for any claims which may result from any actions or
omissions of the Successful Bidder(s) in which the City participated either through review or concurrence of the
Successful Bidder's actions. actions. In reviewing, approving or rejecting any submissions by the Successful Bidder
or other acts of the Successful Bidder(s), the City, in no way, assumes or shares any responsibility or liability of the
Successful Bidder(s) or sub -contractor under this Contract.
Ten dollars (S 10) of the payments made by the City constitute separate, distinct, and independent consideration for
the granting of this Indemnification, the receipt and sufficiency of which is voluntarily and knowingly
acknowledged by the Successful Bidder(s).
The Successful Bidder(s) shall furnish to the City of Miami, c/o Procurement Department, 444 SW 2nd Avenue, 6th
Floor, Miami, Florida 33130. Certificates of Insurance that indicate that insurance coverage has been obtained,
which meets the requirements as outlined below:
I. Commercial General Liability (Primary and Non -Contributory):
A. Limits of Liability
Bodily Injury and Property Damage Liability
Each Occurrence - $300,000
General Aggregate Limit - 60S 0.000
Products/Completed Operations - $300.000
Personal and Advertising Injury - 5300.000
B. Endorsements Required
City of Miami listed as an additional insured
Contingent and Contractual Liability
Primary Insurance Clause Endorsement
II. Business Automobile Liability
Limits of Liability
Bodily Injury and Property Damage Liability
Page 42 of 48
Invitation for Bid (IFB) 1154387
Combined Single Limit
Any Auto
Including Hired, Borrowed or Non -Owned Autos
Any One Accident - $300,000
Endorsements Required
City of Miami listed as an additional insured
III. `Yorker's Compensation
Limits of Liability
Statutory -State of Florida
Employer's Liability
Limits of Liability
S 100,000 for bodily injury caused by an accident, each accident.
$100,000 for bodily injury caused by disease, each employee
$500,000 for bodily injury caused by disease, policy limit
BINDERS ARE UNACCEPTABLE.
The insurance coverage required shall include those classifications, as listed in standard liability insurance manuals,
which most nearly reflect the operations of the bidder.
All insurance policies required above shall be issued by companies authorized to do business under the laws of the
State of Florida, with the following qualifications:
The Company must be rated no less than "A" as to management, and no less than "Class V" as to financial strength,
by the latest edition of Best's Insurance Guide, published by A.M. Best Company, Oldwick, New Jersey, or its
equivalent. All policies and/or certificates of insurance are subject to review and verification by Risk Management
prior to insurance approval.
Certificates will indicate no modification or change in insurance shall be made without thirty (30) days written
advance notice to the certificate holder.
NOTE: CITY BID NUMBER AND/OR TITLE OF BID MUST APPEAR ON EACH CERTIFICATE.
Compliance with the foregoing requirements shall not relieve the Successful Bidder(s) of his liability and obligation
under this section or under any other section of this Agreement.
--If insurance certificates are scheduled to expire
during the contractual period, the Successful Bidder(s) shall be responsible for submitting new or renewed insurance
certificates to the City at a minimum of ten (10) calendar days in advance of such expiration.
--In the event that expired certificates are not replaced
with new or renewed certificates which cover the contractual period, the City shall:
(4) Suspend the contract until such time as the new or renewed certificates are received by the City in the manner
Page 43 of 48
Invitation for Bid (IFB) 1154387
prescribed in the Invitation To Bid.
(5) The City may, at its sole discretion, terminate this contract for cause and seek re -procurement damages from the
Successful Bidder(s) in conjunction with the General and Special Terms and Conditions of the Bid.
The Successful Bidder(s) shall be responsible for assuring that the insurance certificates required in conjunction with
this Section remain in force for the duration of the contractual period; including any and all option terms that may be
granted to the Successful Bidder(s).
Refer to Attachment A, Insurance Addendum, for requirements and conditions.
2.13. ADDITIONS/DELETIONS OF FACILITIES/ITEMS/SERVICES
Although this Solicitation identifies specific facilities/items/services to be provided, it is hereby agreed and
understood that any facilities/items/services and suppliers may be added/deleted to/from this Contract at the option
of the City. When an addition to the Contract is required, the Successful Bidder(s) under this Contract shall be
invited to submit price quotes for these new facilities/items/services. If these quotes are comparable with market
prices offered for similar facilities/items/services, they shall be added to the Contract, whichever is in the best
interest of the City, and an addendum and a separate purchase order shall be issued by the City.
2.14. SERVICE LOG -IN RECORDS
For all service calls and flat tire repairs performed under provisions of the Specifications, the Successful
Bidder(s) shall be responsible for providing and documenting the following information on each service call/flat tire
repair as shown below:
1. Listing "For City of Miami" as a Header/Title on the Service Log -In Records Form;
2. The name of the person serviced, department name and signature;
3. Date of repair;
4. Time repair call received (A.M. - P.M.);
5. Arrival Time at Scene (A.M. - P.M.);
6. Time Service was completed (A.M. - P.M.);
7. The location of the vehicle;
8. The City vehicle number of the vehicle being repaired;
9. The number of tires being repaired or replaced;
10. The vehicle and location information of the tire being repaired or replaced with brand name and size;
11. Signature of the operator (tire repairman);
12. Each form must have a sequential, non -repeating identification number printed prominently on the upper or
lower portion of the form;
13. Each form shall identify either the Police Department log number for calls received by the Police
Communications Section or the name of the Fleet Management Division employee requesting service and
14. Failure to follow these guidelines may delay the process of payment for the service call.
2.15. UNAUTHORIZED WORK
Neither the Successful Bidder(s) nor any of its employees shall perform any work unless duly authorized by a City
representative. The Successful Bidder(s) shall not be paid for any work performed outside the scope of the contract
or any work performed by an employee not otherwise previously authorized.
Page 44 of 48
Invitation for Bid (IFB) 1154387
2.16. METHOD OF PAYMENT
Payment shall be made upon receipt and acceptance of all properly invoiced, approved and completed billings. No
down or partial down payments shall be made.
2.17. RESPONSE TIME
The Successful Bidder(s) shall be available 24 hours per day, 7 days per week and respond to the City request within
a commercially reasonable period of time in accordance with the Section 3.3, Roadside Tire Repairs. Failure to
respond to a service call within the specified time(s) will result in the Successful Bidder(s) paying the difference
between the Primary and Secondary Bidder for any and all costs associated with the repairs performed.
2.18. PROJECT MANAGER
Upon award, Successful Bidder(s) shall report and work directly with John Babos, Fleet Superintendent, or
designee, who shall be responsible for enforcing performance of the Contract terms and conditions and serve as
liaison with the Successful Bidder(s).
2.19. FAILURE TO PERFORM
Should it not be possible to reach the Successful Bidder(s) or authorized representative and/or should remedial
action not be taken within 48 hours of any failure to perform according to specifications, the City reserves the right
to declare Successful Bidder(s) in default of the Contract or make appropriate reductions in the Contract payment.
2.20. PRIMARY CLIENT (FIRST PRIORITY)
The Successful Bidder(s) agree upon award of this Contract that the City of Miami shall be its primary client and
shall be serviced first during a schedule conflict arising between this Contract and any other Contract Successful
Bidder(s) may have with any other cities and/or counties to perform similar services as a result of any catastrophic
events such as tornadoes, hurricanes, severe storms or any other public emergency impacting various areas during or
approximately the same time.
2.21. LIQUIDATED DAMAGES
Successful Bidder(s) shall provide all services required by the times specified in Section 3.3, Flat Tire Repairs in
this Solicitation. If the Successful Bidder(s) fail(s) to arrive and provide service within the specified delivery time, it
is understood that an amount of $25.00 will be deducted from the total invoice price in addition to paying the
difference between the Primary and Secondary Supplier as liquidated damages, not as a penalty but as compensation
for not having an operable vehicle in service.
2.22. WARRANTY, FITNESS FOR PURPOSE
The Successful Bidder(s) warrants items supplied under this contract conform to specifications herein, and are fit for
Page 45 of 48
Invitation for Bid (IFB) 1154387
the purpose for which such goods are ordinarily employed; except if stated in a Special Condition, the material must
be fit for that particular purpose. The Successful Bidder(s) and the City agree that orders under this contract do not
exclude, or in any way limit, other warranties, provided in this agreement or by law.
2.23. DAMAGES TO PUBLIC/PRIVATE PROPERTY
The Successful Bidder(s) shall carry out the work with such care and methods as not to result in damage to public or
private property adjacent to the work. Should any public or private property be damaged or destroyed, the
Successful Bidder(s) shall assume the expense and repair or make restoration as is practical and acceptable to the
City and/or owners of destroyed or damaged property promptly within a reasonable length of time (not to exceed
one month from date damage occurred).
2.24. TERMINATION
A. FOR DEFAULT
If the Successful Bidder(s) defaults in its performance under this Contract and does not cure the default within 30
days after written notice of default, the City Manager may terminate this Contract, in whole or in part, upon written
notice without penalty to the City of Miami. In such event the Successful Bidder(s) shall be liable for damages
including the excess cost of procuring similar supplies or services: provided that if, (1) it is determined for any
reason that the Successful Bidder(s) was/were not in default or (2) the Successful Bidder(s)'s failure to perform is
without his or his subcontractor's control, fault or negligence, the termination will be deemed to be a termination for
the convenience of the City of Miami.
B. FOR CONVENIENCE
The City Manager may terminate this Contract, in whole or in part, upon 30 days prior written notice when it is in
the best interests of the City of Miami. If this Contract is for supplies, products, equipment, or software, and so
terminated for the convenience by the City of Miami the Successful Bidder(s) will be compensated in accordance
with an agreed upon adjustment of cost. To the extent that this Contract is for services and so terminated, the City of
Miami shall be liable only for payment in accordance with the payment provisions of the Contract for those services
rendered prior to termination.
2.25. ADDITIONAL TERMS AND CONDITIONS
No additional terms and conditions included as part of your solicitation response shall be evaluated or considered,
and any and all such additional terms and conditions shall have no force or effect and are inapplicable to this
solicitation. If submitted either purposely, through intent or design, or inadvertently, appearing separately in
transmittal letters, specifications, literature, price lists or warranties, it is understood and agreed that the General
Conditions and Special Conditions in this solicitation are the only conditions applicable to this solicitation and that
the Bidder's authorized signature affixed to the Bidder's acknowledgment form attests to this. If a Professional
Services Agreement (PSA) or other Agreement is provided by the City and is expressly included as part of this
solicitation, no additional terms or conditions which materially or substantially vary, modify or alter the terms or
conditions of the PSA or Agreement, in the sole opinion and reasonable discretion of the City will be considered.
Any and all such additional terms and conditions shall have no force or effect and are inapplicable to this PSA or
Agreement.
Page 46 of 48
Invitation for Bid (IFB) 1154387
3. Specifications
3.1. SPECIFICATIONS/SCOPE OF WORK
The Successful Bidder(s) shall provide all labor, equipment, materials and supervision necessary for the provision of
roadside tire repair services on an as -needed basis, to the various City of Miami Departments.
Successful Bidder(s) shall provide, but not limited to the following services:
Wheel or rim installation shall be in conformance with Original Equipment Manufacturer's
recommendations as to torque, tightening sequence, truing, and inflation pressure.
Tire Repair: In any case where a tire is beyond repair, a replacement tire will be supplied by the City and
the damaged tire returned to the Fleet Service Center.
Note: All work performed by the Successful Bidder(s) shall be of a level of quality consistent with
the industry standards in general. All materials used in such repairs shall be of the highest quality.
3.2. RECORDS
For all service calls for flat tire repairs performed under provisions of these Specifications, the Successful
Bidder(s) shall be responsible for providing and documenting all required information on each service call/flat tire
repair in accordance with Section 2.15, Service Log -In Records.
3.3. ROADSIDE TIRE REPAIRS
Automotive, Light Truck and Heavy Truck flat tire road service (dismount, repair or replace if the tire is not
repairable, remount and install). Heavy truck tires shall include sizes ranging from 245/70R19.5 through, but not
limited to 425/65R22.5 for vehicles described as semi tractor trailers, garbage trucks, front pay loaders, off-road
tractors, Mack trucks, etc., anywhere in the City of Miami, Dade, Broward, or Monroe Counties. This service shall
be available 24 hours per day, 7 days per week. Response time from notification by the City shall be within:
City of Miami:
1/2 — 3/4 hour
Dade County:
1 — 1 '/z hours
Broward County:
1 — 2 hours
Monroe County:
1 — 2 hours
No other times will be acceptable with the exception of replacing a tire under the following condition. For tire
replacement, the Successful Bidder(s) may charge a per mile cost as listed in Line 15 only if the vehicle has no
usable spare tire and the service provider has to return to the Fleet Facility to acquire a tire, otherwise the vehicle
shall be towed in by a City wrecker and only a "service call" charged.
Page 47 of 48
Invitation for Bid (IFB) 1154387
3.4. SERVICE ADDRESS ACCURACY
Successful Bidder(s) will not charge or double bill the City if the address of the service call is not accurate within
one (1) mile radius of the incorrect address originally provided.
Paae 48 of 48