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HomeMy WebLinkAboutBack-Up DocumentsDocuSign Envelope ID: 95133C3F-931A-4BDO-8F72-OED6A46EO9F5 CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM Arthur Noriega V DATE October 8, 2021 FILE City Manager SUBJECT: Recommendation of Award School Crossing Guard Services Annie Perez, CPPO REFERENCES: Invitation for Bid ("IFB") Director/Chief Procurement Officer No. 1164387 Department of Procurement ENCLOSURES: RECOMMENDATION: Based on the findings below, the Department of Procurement ("Procurement") hereby recommends award of IFB No. 1164387, for the provision of School Crossing Guard Services, on an as needed basis, for the City of Miami Police Department ("Police") to Waterfield Florida Staffing, LLC ("Waterfield"), who met all the requirements per bid specifications. IFB No./Title: IFB No. 1164387, School Crossing Guard Services, on an as needed basis. Contract Amount: $928,944.00 annually (Approximately $4,644,720.00 for all five (5) years 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: Waterfield Florida Staffing, LLC BACKGROUND: On May 27, 2021, Procurement on behalf of Police issued IFB No. 1164387, under full and open competition. As required by the Procurement Code, the IFB was advertised and issued online. On July 8, 2021, at bid closing three (3) bids were received, two (2) bids were deemed non -responsive: The bids received from Miami Patrol Eagle Protection, LLC, and Packplus Inc. DBA Josmar Medical Staffing were deemed non -responsive as the companies did not submit the requested dress code policy or written implementation plan, as required in the Bidders minimum qualification requirements. The bid from Waterfield Florida Staffing, LLC was subsequently evaluated and tabulated following the guidelines published in the Bid. Procurement is recommending award to Waterfield, the apparent lowest responsive and responsible Bidder, per bid specifications. Consequently, approval of this recommendation to award is requested. Your signature below will indicate approval of this recommendation. n ss�arr �t October 13, 2021 1 17:51:57 EDT Approved: �F. Date: Arthur Noriega V, City Manager c: Fernando Casamayor, Assistant City Manager, Chief Financial Officer Art Acevedo, Chief of Police Yadissa A. Calderon, CPPB, NIGP-CPP, Assistant Director, Department of Procurement PR21235 Bid Price Sheet - Invitation for Bid ("Ii Line Items Unit of Measure Estimated Quantity 1 School Crossing Guard Rate Hours 37800 2 1 Field Supervisor Rate Hours 2520 3 Emergency Schooi Crossing Rate Hours 500 4 Emergency Field Supervisor Rate Hours 10 Total Prepared by: Eduardoi. Falcon Procurement contracting Manager B") 1164387 for School Crossing Guards MIAMI PATROL EAGLE PA,CKPLUS INC. DBA Josrnar PROTECTION, I.I.C. Medical Staffing Cost Total Cost Total WATERFIELD FLORIDA STAFFING, LLC Cost $ 20.98 $ 26.22 $ Non -Responsive I Non -Responsive $ Approved by: Chief ofPolice or4desi ee $ 26.22 i $ Total 793,044.00 66,074,40 10,490.00 262.20 $ 869,870.60 7/13/2021 Detail by Entity Name DIVISION OF CORPORATIONS lr Vf �.I -���, a3►e U�1'l!!i 3uu© afldur�cl�s syd�i�idy Department of State / Division of Corporations / Search Records / Search by Entity Name / Detail by Entity Name Florida Limited Liability Company WATERFIELD FLORIDA STAFFING, LLC Filing Information Document Number L18000046941 FEI/EIN Number 82-4558588 Date Filed 02/21/2018 State FL Status ACTIVE Last Event LC STMNT OF RA/RO CHG Event Date Filed 04/25/2019 Event Effective Date NONE Principal Address 624 NOTTINGHAM BOULEVARD WEST PALM BEACH, FL 33405 Changed: 04/09/2021 Mailing Address 624 NOTTINGHAM BOULEVARD WEST PALM BEACH, FL 33405 Changed: 04/09/2021 Registered Agent Name & Address CORPORATE CREATIONS NETWORK INC. 801 US HIGHWAY 1 NORTH PALM BEACH, FL 33408 Name Changed: 04/25/2019 Address Changed: 03/25/2020 Authorized Persons) Detail Name & Address Title AMBR WO PARTNERS, LLC 4779 COLLINS AVENUE SUITE 4405 search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetaiI?inquirytype=EntityName&directionType=Initial&search NameOrder=WATERFI ELDFL... 1 /2 Detail by Entity Name MIAMI BEACH, FL 33140 Annual Reports Report Year Filed Date 2019 03/27/2019 2020 03/11 /2020 2021 04/09/2021 Document Images 04/09/2021 --ANNUAL REPORT View image in PDF format 03/11/2020 -- ANNUAL REPORT View image in PDF format 04/25/2019 -- CORLCRACHG View image in PDF format 03/27/2019 -- ANNUAL REPORT View image in PDF format 07/13/2018 -- LC Amendment View image in PDF format 02/21/2018 -- Florida Limited Liability View image in PDF format Florida Department of State, Division of Corporations search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetaiI?inquirytype=EntityName&directionType=Initial&search NameOrder=WATERFIELDFL... 2/2 City of Miami IFB 1164387 Bid Contact Sharron Cook scook@actionlabor.com Ph 954-776-3444 Address 6555 N.Powerline Road Fort Lauderdale, FL 33309 IFB 1164387--01-01 Do not Supplier Product Code: First Offer - 1 / each enter a price in Supplier Notes: Waterfield Florida Staffing this purchased Action Labor and Staffing section Connection in 2018. Entire management team remained. The school crossing guard division operates under a dba/Action Labor/Staffing Connection and has over 20 years experience. Supplier Total Y $0.00 7/12/2021 BidSync P. 1 City of Miami IFB 1164387 Action Labor/Staffing Connection Item: Do not enter a price in this section Action Plan - City of Miami.doc State of Florida Trainers Training .docx Bid price sheet IFB 1164387.pdf Qualifications IFB 1164387.docx Certification Statement IFB No. 1164387.pdf Local Office Certification and Business License 2021.pdf IFB No. 1164387Addendum No.s 1,2 and 3.pdf 7/12/2021 BidSync p. 2 City of Miami IFB 1164387 ACTION PLAN FOR THE CITY OF MIAMI UPON NOTIFICATION OF CONTRACT Obtain from the City of Miami names, addresses and phone numbers of all School Crossing Guards. Staffing Connection in conjunction with the City of Miami will schedule a meeting with all current guards. The transition will be explained, and all questions answered. Guards that have been employed by the City of Miami will be given the opportunity to apply for a post assignment with Staffing Connection and considered first to fill all post locations. If any current employees are interested and qualified, they would be considered first for the field supervisory positions. Field Supervisors are required to attend and pass the Trainers training class conducted by FDOT, which Staffing Connection will compensate employees who attend. Recruiting and training will begin immediately within the City of Miami for qualified School Crossing Guards. POST EVALUATIONS AND STATE MEETINGS Staffing Connection will visit each post location and map out all current post locations. Staffing Connection will tabulate the number of children crossing at each post on an on- going basis. The data received will be shared with our designated city contact and used to determine if post locations can be eliminated, or the need for additional post assignments. Our goal is to maximize safety and make sure the City's cost is being minimized where possible. Staffing Connection attends all required state meetings and has relationships with all the necessary state departments that are involved with the School Crossing Guard Program. SCHOOL CROSSING GUARD TRAINING Ensure that all School Crossing Guards have been properly trained to the "Florida School Crossing Guard Training Guidelines" before post assignment. Facilitate School Crossing Guard Training, sessions are held weekly. Each School Crossing Guard candidate is required to successfully complete a 4-hour classroom training session conducted by a Staffing Connection trainer, who is a FDOT state certified trainer. They will also be required to complete a 2 hour in -the -field training session without and with children at a post. Staffing Connection will be responsible for completing all training documentation and obtaining the guards' certifications from the state. Guards are re -certified every 12 months. [1] 7/12/2021 BidSync p. 3 City of Miami IFB 1164387 Maintain School Crossing Guard Training as required for all new personnel hired, scheduled on an "as need basis". NOTIFICATION TO SCHOOLS A letter of introduction/notification will be sent to each school principal, advising who the contact person is at Staffing Connection. This will serve as a reference for the School Resource Office or any parent wishing to contact our office. SCHOOL CROSSING GUARD MAINTENANCE The Field Supervisor will be responsible to verify the coverage of all posts each day and that the Guards are on their posts for the required post time. This allows Staffing Connection the ability to control the attendance/punctuality of all guards on a day-to-day basis. We will always have substitutes available and the supervisors will also be available to fill in where needed. Each guard will have the supervisor's phone number and a 24-hour contact at our office, in the event the guard has a problem during non- working hours. Our staff supervisor meets with the Field Supervisors on a weekly basis, to verify time is being reported correctly and to get a weekly report of events. Forms are turned into our office and kept in an employee file. Forms include: Weekly supervisor report. Absence Report. Complaint Resolution. Employee Discipline Warning Notice and a Weekly Time Sheet. A Staffing Connection school crossing guard liaison will travel with the supervisor on a periodic basis to ensure that policies and procedures for School Crossing Guards are being met. Additionally, our management team does unscheduled observations. EQUIPMENT AND DRESS CODE Staffing Connection will provide the state required equipment including: Ansi II Retro-Reflective Vest, Whistle, Reflective Stop Paddle. All guards are required to wear a white polo type shirt and navy or black pants/shorts. Tennis shoes are mandatory as proper foot attire. Guards are always required to be neat and clean. BADGES Each City of Miami School Crossing Guard will be issued a Staffing Connection photo I.D. Badge that must always be worn while on their post. This will identify who they are to the children, parents and teachers while on their respective posts. [2] 7/12/2021 BidSync p. 4 City of Miami IFB 1164387 PAY SCHEDULE Employees are paid on a weekly basis upon submission of a group time sheet by the field supervisor BILLING TERMS Invoices are sent weekly and payment is expected at least twice a month. The weekly time sheet is attached to the invoice to support the hours that are being billed. CONTRACT TERMS This would be up to the City of Miami. CONTACT PERSON The City of Miami will provide a contact person to call if situations arise and for informational purposes. CALL OUT POLICY All crossing guards are required to call their field supervisor 24 hours ahead for any absence request. Failure to do so, may result in termination. Upon receiving an absence request the field supervisor will call a substitute guard to fill the post. In an emergency the field supervisor will stand the post until a substitute can be assigned. [3] 7/12/2021 BidSync P. 5 I- 00 v Q STATE OF FLORIDA m_ u- DEPARTMENT OF TRANSPORTAT1O-N FLORIDA SCHOOL CROSSING GUARD TRAINING PROGRAM This is to certify that Sharron Cook has successfully completed the training and is a certified Florida School Crossing Guard Trainer January 17, 2019 U S"�"�� Dana Crosby Program Administrator Florida School Crossing Guard Training Program Date F kAo evin J. Thibault. P.E. Secretary of Transportation U U 0 co I- Bid Price Sheet - Invitation for Bid ("IFB")1164387 for School Crossing Guards No Une Items Unit of Measure Estimated Quantity Cost Total 1 School Crossing Guard Rate Hours 37800 20 q5,? $ F-tV% 2 Field Supervisor Rate Hours 2520 7 � $ 6o7q -LIC 3 Emergency School Crossing Rate Hours 500 � ,� ,,/ $ �C��'iCN -cc 4 Emergency Field Supervisor Rate Hours 10 2- , _ 22 $ 2W -ZC Total $ q U C T 0 City of Miami IFB 1164387 *Staffing Connection's Qualifications/Scope of Services* Staffing Connection is uniquely qualified byway of years of experience. We are the only Florida firm that specializes in School Crossing Guard services with over 20 years of experience. We only staff School Crossing Guard programs. All our energy, staff and resources goes into making our program the bestthere is. Staffing Connection is the largest private supplierof crossing guard services in the State of Florida. Our proven ability to seamlessly transition cities entire school crossing guard programs has made us the number one choice. Staffing Connection assumes complete responsibility for managing all aspect of the Crossing Guard Programs we take on. The very unique recruitment skills of the staff coupled with ourvigorous training program has made it possible for us to hire and maintain crossing guards that are professional and have the skills and know how to make the right calls. Staffing Connection/Action Labor is a proud member of the National Safety Council and the South Florida Construction Safety and Health Partnership(C.A.R.E.P.). We take full responsibility and a leadership role in providinga sound safety and health program, and for ensuring its effectiveness in maintaining safe working conditions. We train and certify accordingto the "Florida School Crossing Guard Training Guidelines" before postassignment. A cri mi nal background, sex offender, drug screening and reference check are conducted on all newly registered school crossing guards hired through Staffing Connection/Action Labor. We provide required equipment according to Florida Department of Transportation Safety Office/Florida School Crossing Guard Training Guidelines. Equipmentcosts can be quite high and burdensome to the city, we eliminate all costsfor required equipment i.e.: (vest, gloves, whistle and stop paddle). All crossing guards are covered by Staffing Connection Liabilityand Workers Compensation Insurance. State Certified supervisorsare inthe field workingand supervisingthe guard'sdaily. 7/12/2021 BidSync p. 8 City of Miami IFB 1164387 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: BIDDER NAME: Wia 0 �yca2kc. \gA n-) - LLC C Q-A%-C c-4-' C& Ord _ ADDRESS: PHONE: �S y -1-1 �. 3 `-i`-� �-� FAX: G - EMAIL: Cc CkiCK 10c2 C CELL(Optional): SIGNED BY: TITLE: L:- 0- DATE: l Ll - ZGZ 1 7/12/2021 BidSync P. 9 City of Miami IFB 1164387 Certifications Legal Name of Firm: Federal Employment Identification Number ("FEIN/EIN"): P) 2 T t--(, S S- &-5 k;-K Entity Type: Pagtkership, Sole Proprietorship, Corporation, etc. Year Established: 2�0`R Office Location. Cityrof Mia Miami -Dade County, or Other c 4 ,ce5 t fA S � [cuc�a_ Occupational License Number: CC_v .,�r.c�s't5 .at 1A c-tic-k Occupational License Issuing Agency: C *% i� Occupational License Expiration Date: C1 � 3,O � 2V_L I Will Subcontractor(s) be used? (Yes or 0 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): NSA Please list and acknowledge all addendum/addenda received. List the addendum/addenda number and date of receipt (i.e. Addendum No. 1, 1/07/21). If no addendum/addenda was/were issued, please insert N/A. 1C,0z' IxAu M 00 1- / 10) (L, I Z0Z ( , A umna)H IUQ . Z 61 a `I I-W-ZJ /A 0 ID 3 r (L (2 y l ZCz l 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 Documents Section of BidSync) Reference No. 1: Name of Company/Agency for which bidder is currently providing the services/goods 7/12/2021 BidSync P. 10 City of Miami IFB 1164387 as described in this solicitation, or has provided such services/goods in the past: C-1 VLA O A' Reference No. 1: Address, City, State, and Zip for above reference company/agency listed: 3335- 1 Reference No. 1: Name of Contact Person and Telephone Number for above reference no. 1 O-U r c(50. Chc; k-s -� \ - '�51-1- -1 y(-,- 3tiC 3 Reference No. 1: Date of Contract or Sale for above reference no. 1 CCntrPcA- ZCUS - 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: 2. S-Ok 3 3W�) 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: I - Reference No. 3: Address, City, State, and Zip for above reference ff Reference No. 3: Name of Contact Person and Telephone Number for above reference no. 3 —12h M�� l �( 1 - /- ccc,. ,,A CO©t-JtrPA(:q-- Reference No. 3: Date of Contract or Sale for above reference no. 3 What is the total number of years' experience that Bidder has in providing services as described in this �iC\if\` �" k -,N C C. 1 1)9 `R 7/12/2021 BidSync P. 11 City of Miami IFB 1164387 Invitation for Bid? Invitation for Bid (IFB) 1164387 The City anticipates that the services described herein can be planned and launched immediately after contract signing. Is your firm able to roll out a full deployment of required services immediately? -T k c--\ -fit t ne 1S 7/12/2021 BidSync p. 12 City of Miami IFB 1164387 IFB 1164387 CITY OF MIAMI LOCAL OFFICE CERTIFICATION (City Code, Chapter 18, Article III, Section 18-73) Solicitation Type and Number: --f--VG N Cr. i I L,,.,L4 "3k"i (i.e. IFQ/IFB/RFP/RFQ/RFLI No. 123456) Solicitation Title: )Cv coa J T2S t A L C - a In�Sr°. - (_`�(.'� (Bidder/Proposer) hereby certifies compliance with the Local Office requirements stated under Chapter 18/Article III, Section 18-73, of the Code of the City of Miami, Florida, as amended. Local office means a business within the city which meets all of the following criteria: (1) Has had a staffed and fixed office or distribution point, operating within a permanent structure with a verifiable street address that is located within the corporate limits of the city, for a minimum of twelve (12) months immediately preceding the date bids or proposals were received for the purchase or contract at issue; for purposes of this section, "staffed" shall mean verifiable, full-time, on -site employment at the local office for a minimum of forty (40) hours per calendar week, whether as a duly authorized employee, officer, principal or owner of the local business; a post office box shall not be sufficient to constitute a local office within the city; (2) If the business is located in the permanent structure pursuant to a lease, such lease must be in writing, for a term of no less than twelve (12) months, been in effect for no less than the twelve (12) months immediately preceding the date bids or proposals were received, and be available for review and approval by the chief procurement officer or its designee; for recently -executed leases that have been in effect for any period less than the twelve (12) months immediately preceding the date bids or proposals were received, a prior fully -executed lease within the corporate limits of the city that documents, in writing, continuous business residence within the corporate limits of the city for a term of no less than the twelve (12) months immediately preceding the date bids or proposals were received shall be acceptable to satisfy the requirements of this section, and shall be available for review and approval by the chief procurement officer or its designee; further requiring that historical, cleared rent checks or other rent payment documentation in writing that documents local office tenancy shall be available for review and approval by the chief procurement officer or its designee; (3) Has had, for a minimum of twelve (12) months immediately preceding the date bids or proposals were received for the purchase or contract at issue, a current business tax receipt issued by both the city and Miami - Dade County, if applicable; and (4) Has had, for a minimum of twelve (12) months immediately preceding the date bids or proposals were received for the purchase or contract at issue, any license or certificate of competency and certificate of use required by either the city or Miami -Dade County that authorizes the performance of said business operations; and (5) Has certified in writing its compliance with the foregoing at the time of submitting its bid or proposal to be eligible for consideration under this section; provided, however, that the burden of proof to provide all supporting documentation in support of this local office certification is borne by the business applicant submitting a bid or proposal. 1 FORM -City of Miami Local Office Certification 11/14/2019 7/12/2021 BidSync p. 13 City of Miami IFB 1164387 IFB 1164387 PLEASE PROVIDE THE FOLLOWING INFORMATION: Bidder/Proposer Local Office Address: ZCAj,s ,j LO ��� �. E jl N f\rAk L Does Bidder/Proposer conduct verifiable, full- time, on -site employment at the local office ® YES ❑ NO for a minimum of forty (40) hours per calendar week? If Bidder/Proposer's Local Office tenancy is pursuant to a lease, has Bidder/Proposer enclosed a copy of the lease? ❑ YES M NO ❑ N/A City of Miami: � YES 11 NO ❑ Exempt Cite Exemption: Has Bidder/Proposer enclosed a copy of the Business Tax Receipt (BTR) issued by the City of Miami and Miami -Dade County? Miami -Dade County: IR YES ❑ NO ❑ Exempt Cite Exemption: Has Bidder/Proposer enclosed a copy of the license, certificate of competency and certificate of use that authorizes the performance of Bidder/Proposer's business ® YES ❑ NO operations? Bidder/Proposer's signature below certifies compliance with the Local Office requirements stated under Chapter 18/Article III, Section 18-73, of the Code of the City of Miami, Florida, as amended. Print Name (Bidder/Proposer Authorized Representative) Signature Date FORM -City of Miami Local Office Certification 7/22/2013 7/12/2021 BidSync p. 14 City of Miami IFB 1164387 IFB 1164387 STATE OF FLORIDA --.-) COUNTY OF F \> .Nc"Vy �bz Certified to and subscribed before me this day of L_��\ , M Z � , by Maul_... C Cin n S f Florida) UEM WA7WN Za*I C=mbft8GG287305 , ,= Expitea#�u!cA27,2023 ":n � 8 "" Do 11W F* b WM 0 W 11 a 5 .7 M 9 (NOTARY SEAL) 0 :4 " 11 Personally Known Type of Identification Produced (Name of NotaryTyped, Printed, or Stamped) OR Produced Identification FORM -City of Miami Local Office Certification 7/22/2013 7/12/2021 BidSync P. 15 City of Miami IFB 1164387 Please note that this Business Tax Receipt expires on September 30th of the effective year listed herein. Ensuring renewal by October 1st is the responsibility of the business entity. For further information you may call: (305) 416-2087. Favor de tomar nota que este Recibo de Impuesto para Negocio se vence el 30 de Septiembre de ano indicado. Asegurar la renovacion para el fro de Octubre es la responsabilidad del negocio. Para mas informacion puede Ilamar al: (305) 416-2087. Souple pran not ke Res! Enpo you Biznis-sa ap exspire 30 Septan-m ane sa men-m nan lis la. Se responsablite dirijan Biznis sa you li renouvle-I Pwemie Oktob kap vini. Si ou bezwen plis enfomasiyon sou zafe sat pa bliye rele nan (305) 416-2087. POST THIS DOCUMENT IN A CONSPICUOUS PLACE. /� y p NOT TRANSFERRABLE OR VALID AT ANOTHER ADDRESS la4mztmi UNLESS APPROVED BY THE FINANCE DEPARTMENT, CITY OF MIAMI 444 S.W.2 AVE 6TH FLOOR, MIAMI, FL 33130, PHONE (305)416-1918. Effective Year Oct. 1 2020 Thru Sep. 30 2021 RECEIPT FOR WATERFIELD FLORIDA STAFFING ISSUED Jun 23, 2021 TOTAL FEE PAID 215.00 ACCOUNT NUMBER 155973 RECEIPT NUMBER 182846 NAME OF BUSINESS Waterfield Florida Staffing LL DBA LOCATION 2955 SW 8 ST IS HEREBY IN COMPLIANCE TO ENGAGE IN OR MANAGE THE OPERATION OF: EMPLOYMENT AGENCIES Adele Valencia Code Compliance Director This Issuance of a business tan receipt does not permit the holder to violate any zoning laws of the City nor does it exempt the holder from any license or permits that may be required by law. This document does not constitute a certification that the holder is qualified to engage in the business, profession or occupation specified herein. The document Indicates payment of the business tax receipt only. 21 7/12/2021 BidSync p. 16 City of Miami IFB 1164387 ANNIE PEREZ, CPPO Procurement Director '01Itla of At-ami ADDENDUM NO. 1 DATE: June 16, 2021 TO: ALL PROSPECTIVE BIDDERS SUBJECT: INVITATION FOR BIDS (IFB) NO.: 1164387 TITLE: INVITATION FOR BID FOR SCHOOL CROSSING GUARD SERVICES ARTHUR NORIEGA V City Manager 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. This Addendum becomes a part of the subject solicitation. A. The deadline for submission of bids has been changed to Thursday, June 24, 2021 at 2:0013M. B. The following are inquires received and the City's corresponding responses: Q1. Is a Bid/Performance Bond/Payment Bond required for this contract? If so, no bonding company will issue a bond for school crossing guards. Al. Yes, a Bid/Performance Bond/Payment Bond, is required, see Section 2.18 of the Solicitation which states "Within ten (10) working days following notice of award by the City, the Successful Bidder shall furnish to the City of Miami, a Performance Bond in the total amount of the Cost to the City for the contract year, this bond shall me maintained for the duration of the contract and any extensions or renewals (to be determined at the time of award). The Performance Bond can be in the form of a Cashier's Check, made payable to the City of Miami; a bond written by a surety company authorized to do business in the State of Florida and shall comply with State Statute 287.0935; or an Irrevocable Letter of Credit. If the latter is chosen, it must be written on a bank located in Miami -Dade County, be in the amount of the contract and should clearly and expressly state that it cannot be revoked until express written approval has been given by the City of Miami. The City, to draw on same, would merely have to give written notice to the bank with a copy to the Successful Bidder." The City will also accept the alternatives as stated in she quoted section. Q2. Why is Professional Liability/Errors & Omissions Coverage (PL/EO) required for this contract since this is not a construction contract? A2. Generally, vendors performing this type of work have PL/EO exposure therefor they need this coverage. 7/12/2021 BidSync p. 17 City of Miami IFB 1164387 03. Who is the current contractor? What is the billing rate per guard? billing rate per supervisor? A3. This is the first time that these services are bid out so there is no current vendor. There is also no current billing rate for either of the two referenced positions. However, the City has hired part time employees to perform the services of School Crossing Guards at the hourly labor rate of $9.50, and the City has hired full time School Crossing Guard Supervisors at the hourly labor rate of $18.19. ALL OTHER TERMS AND CONDITIONS OF THE IFB REMAIN THE SAME. THIS ADDENDUM IS AN ESSENTIAL PORTION OF THE IFB AND SHALL BE MADE A PART THEREOF. N Annie Perez, CPPO, Director of Procurement City of Miami Procurement Department AP:ef C. Fernando Casamayor, Assistant City Manager/Chief of Operations Art Acevedo, Chief of Police Pablo Velez, Senior Assistant City Attorney Yadissa A. Calderon, CPPB, Assistant Director of Procurement This Addendum shall be signed by an authorized representative and dated by the Bidder and submitted as proof of receipt with the submission of bid response. NAME OF FIRM: - aej Aic eAi,-,Wl DATE: 1 SIGNATURE: -- -OA t -1 L C C. 2 7/12/2021 BidSync p. 18 City of Miami IFB 1164387 ttr Of .-test ANNIE PEREZ, CPPO Procurement Director � rRl� lbra Y�a.. ADDENDUM NO.2 ARTHUR NORIEGA V City Manager DATE: June 24, 2021 TO: ALL PROSPECTIVE BIDDERS SUBJECT: INVITATION FOR BIDS (IFB) NO. 1164387 TITLE: INVITATION FOR BID FOR SCHOOL CROSSING GUARD SERVICES 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. This Addendum becomes part of the subject solicitation. The deadline for submission of bids has been changed to Thursday, July 1, 2021 at 2:00 PM. ALL OTHER TERMS AND CONDITIONS OF THE IFB REMAIN THE SAME. THIS ADDENDUM IS AN ESSENTIAL PORTION OF THE IFB AND SHALL'; BE MADE A PART THEREOF. A Annie Perez, CPPO, Director o rocurement City of Miami Procurement Department AP:ef c. Fernando Casamayor, Assistant City Manager, Chief Financial Officer Art Acevedo, Chief of Police Pablo Velez, Senior Assistant City Attorney Yadissa A. Calderon, CPPB, NIGP-CPP, Assistant Director of Procurement This Addendum shall be signed by an authorized representative and dated by the Bidder and submitted as proof of receipt with the submission of bid response. NAME OF FIRM: "�zlrfte )2 %%C LPL DATE: L(/ �Z;'1Z PRINT NAME & TITLE SIGNATURE: Y'C 7/12/2021 BidSync P. 19 City of Miami IFB 1164387 01itv of 'Oiami ANNIE PEREZ, CPPO Procurement Director ,'rrs�ti4, ADDENDUM NO.3 DATE: June 29, 2021 TO: ALL PROSPECTIVE BIDDERS SUBJECT: INVITATION FOR BIDS (IFB) NO. 1164387 TITLE: INVITATION FOR BID FOR SCHOOL CROSSING GUARD SERVICES ARTHUR NORI EGA V City Manager 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 specked 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. This Addendum becomes part of the subject solicitation. A. The deadline for submission of bids has been changed to Thursday, July 8 2021 at 2:00 PM. B. The following is an Inquiry received by the City of Miami ("City") and the corresponding response: 01. In 2026, Florida minimum wage will be increased to $15 per hour, which will be the same as the City's living wage. Will the City increase the living wage by then? If so, will the; City allow whomever is the Successful Bidder to increase their per hour rate as well? Al. At this time, there is no way of knowing if the Living Wage will be increased by the City Commission concerning a yet to be determined future point in time. Please refer to Attachment "A" for the full language of the Living Wage Ordinance. Should the Living Wage be increased by the;City Commission, the further determination will then be made concerning an increase in the rates charged by the Successful Bidder. ALL OTHER TERMS AND CONDITIONS OF THE IFB REMAIN THE SAME. THIS ADDENDUM IS AN ESSENTIAL PORTION OF THE IFB AND SHALL BE MADE A PART THEREOF. i Annie Perez, CPPO, Director of Procurement City of Miami Procurement Department AP:ef C. Fernando Casamayor, Assistant City Manager, Chief Financial Officer Art Acevedo, Chief of Police Pablo Velez, Senior Assistant City Attorney Yadissa A. Calderon, CPPB, Assistant Director of Procurement This Addendum shall be signed by an authorized representative and dated by the Bidder and submitted as proof of receipt with the submission of bid response. j NAME OF FIRM:iJ�/� e T-te k1 V6d &3+�tu.C4 L. DATE: �� `'Z� L iJ7 PRINT NAME & TITLERALAL C- ChnSE , Cff� SIGNATURE: 7/12/2021 BidSync p. 20 T-Jtiv of fflizlmi ANNIE PEREZ, CPPO Procurement Director ADDENDUM NO. 3 DATE: June 29, 2021 TO: ALL PROSPECTIVE BIDDERS SUBJECT: INVITATION FOR BIDS (IFB) NO. 1164387 TITLE: INVITATION FOR BID FOR SCHOOL CROSSING GUARD SERVICES ARTHUR NORIEGA V City Manager 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. This Addendum becomes part of the subject solicitation. A. The deadline for submission of bids has been changed to Thursday, July 8, 2021 at 2:00 PM. B. The following is an inquiry received by the City of Miami ("City") and the corresponding response: Q1. In 2026, Florida minimum wage will be increased to $15 per hour, which will be the same as the City's living wage. Will the City increase the living wage by then? If so, will the City allow whomever is the Successful Bidder to increase their per hour rate as well? Al. At this time, there is no way of knowing if the Living Wage will be increased by the City Commission concerning a yet to be determined future point in time. Please refer to Attachment "A" for the full language of the Living Wage Ordinance. Should the Living Wage be increased by the City Commission, the further determination will then be made concerning an increase in the rates charged by the Successful Bidder. ALL OTHER TERMS AND CONDITIONS OF THE IFB REMAIN THE SAME. THIS ADDENDUM IS AN ESSENTIAL PORTION OF THE IFB AND SHALL BE MADE A PART THEREOF. 4- Annie Perez, CPPO, Director of Procurement City of Miami Procurement Department AP:ef C. Fernando Casamayor, Assistant City Manager, Chief Financial Officer Art Acevedo, Chief of Police Pablo Velez, Senior Assistant City Attorney Yadissa A. Calderon, CPPB, Assistant Director of Procurement This Addendum shall be signed by an authorized representative and dated by the Bidder and submitted as proof of receipt with the submission of bid response. NAME OF FIRM: DATE: PRINT NAME & TITLE SIGNATURE: i # o 'fflm ANNIE PEREZ, CPPO ARTHUR NORIEGA V Procurement Director City Manager k� ADDENDUM NO. 2 DATE: June 24, 2021 TO: ALL PROSPECTIVE BIDDERS SUBJECT: INVITATION FOR BIDS (IFB) NO. 1164387 TITLE: INVITATION FOR BID FOR SCHOOL CROSSING GUARD SERVICES 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. This Addendum becomes part of the subject solicitation. The deadline for submission of bids has been changed to Thursday, July 1, 2021 at 2:00 PM. ALL OTHER TERMS AND CONDITIONS OF THE IFB REMAIN THE SAME. THIS ADDENDUM IS AN ESSENTIAL PORTION OF THE IFB AND SHALL BE MADE A PART THEREOF. Annie Perez, CPPO, Director of rocurement City of Miami Procurement Department C. Fernando Casamayor, Assistant City Manager, Chief Financial Officer Art Acevedo, Chief of Police Pablo Velez, Senior Assistant City Attorney Yadissa A. Calderon, CPPB, NIGP-CPP, Assistant Director of Procurement This Addendum shall be signed by an authorized representative and dated by the Bidder and submitted as proof of receipt with the submission of bid response. NAME OF FIRM: DATE: %IV1►1r►/_1►GINF:VIIII y[e3►/_,101:14 Arr V.Jitiv of ffliami ANNIE PEREZ, CPPO ARTHUR NORIEGA V Procurement Director City Manager �1. 116 1 fp ADDENDUM NO. 1 DATE: June 16, 2021 TO: ALL PROSPECTIVE BIDDERS SUBJECT: INVITATION FORBIDS (IFB) NO.: 1164387 TITLE: INVITATION FOR BID FOR SCHOOL CROSSING GUARD SERVICES 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. This Addendum becomes a part of the subject solicitation. A. The deadline for submission of bids has been changed to Thursday, June 24, 2021 at 2:OOPM. B. The following are inquires received and the City's corresponding responses: Q1. Is a Bid/Performance Bond/Payment Bond required forth is contract? If so, no bonding company will issue a bond for school crossing guards. Al. Yes, a Bid/Performance Bond/Payment Bond, is required, see Section 2.18 of the Solicitation which states "Within ten (10) working days following notice of award by the City, the Successful Bidder shall furnish to the City of Miami, a Performance Bond in the total amount of the Cost to the City for the contract year, this bond shall me maintained for the duration of the contract and any extensions or renewals (to be determined at the time of award). The Performance Bond can be in the form of a Cashier's Check, made payable to the City of Miami; a bond written by a surety company authorized to do business in the State of Florida and shall comply with State Statute 287.0935; or an Irrevocable Letter of Credit. If the latter is chosen, it must be written on a bank located in Miami -Dade County, be in the amount of the contract and should clearly and expressly state that it cannot be revoked until express written approval has been given by the City of Miami. The City, to draw on same, would merely have to give written notice to the bank with a copy to the Successful Bidder." The City will also accept the alternatives as stated in she quoted section. Q2. Why is Professional Liability/Errors & Omissions Coverage (PL/EO) required for this contract since this is not a construction contract? A2. Generally, vendors performing this type of work have PL/EO exposure therefor they need this coverage. Q3. Who is the current contractor? What is the billing rate per guard? billing rate per supervisor? A3. This is the first time that these services are bid out so there is no current vendor. There is also no current billing rate for either of the two referenced positions. However, the City has hired part time employees to perform the services of School Crossing Guards at the hourly labor rate of $9.50, and the City has hired full time School Crossing Guard Supervisors at the hourly labor rate of $18.19. ALL OTHER TERMS AND CONDITIONS OF THE IFB REMAIN THE SAME. THIS ADDENDUM IS AN ESSENTIAL PORTION OF THE IFB AND SHALL BE MADE A PART THEREOF. Annie Perez, CPPO, Director of Procurement City of Miami Procurement Department C. Fernando Casamayor, Assistant City Manager/Chief of Operations Art Acevedo, Chief of Police Pablo Velez, Senior Assistant City Attorney Yadissa A. Calderon, CPPB, Assistant Director of Procurement This Addendum shall be signed by an authorized representative and dated by the Bidder and submitted as proof of receipt with the submission of bid response. NAME OF FIRM: SIGNATURE: DATE: N City of Miami Invitation for Bid (IFB) IFB Number: Title: Issue Date/Time: IFB Closing 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: Procurement Department Miami Riverside Center 444 SW 2"dAvenue, 6th Floor Miami, Florida 33130 Web Site Address: www.miami.gov.com/procurement 1164387 Invitation for Bid for School Crossing Guard Services May 27, 2021 Friday, June 17, 2021 at 2:00 PM Voluntary Thursday, June 3, 2021 at 10:00 AM Online via Microsoft Teams Tuesday, June 8, 2021 at 2:00 PM Falcon, Eduardo Contracting Officer E-Mail Address: efalcon(&miami2ov.com 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 rightto acceptor reject all or any part ofthis submission. Prices should be firm fora 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: BIDDER NAME: ADDRESS: PHONE: FAX: EMAIL: SIGNED BY: TITLE: CELL(Optional): DATE: Certifications Legal Name of Firm: Federal Employment Identification Number ("FEIN/EIN"): Entity Type: Partnership, Sole Proprietorship, Corporation, etc. Year Established: Office Location: City of Miami, Miami -Dade County, or Other Occupational License Number: Occupational License Issuing Agency: Occupational License Expiration Date: 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, 1/07/21). 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 Documents Section of BidSync) 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: 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 What is the total number of years' experience that Bidder has in providing services as described in this Invitation for Bid (IFB) 1164387 Invitation for Bid? The City anticipates that the services described herein can be planned and launched immediately after contract signing. Is your firm able to roll out a full deployment of required services immediately? Invitation for Bid (IFB) 1164387 IMPORTANT NOTICE TO BIDDERS: • FAILURE TO COMPLETE, SIGN AND UPLOAD THE CERTIFICATION STATEMENT AND CERTIFICATIONS SECTION WILL RENDER YOUR BID NON -RESPONSIVE. • ALL UPLOADS SHALL BE IN PDF FILE FORMAT AND EXCEL FORMAT FOR THE BID PRICE SHEET, NO OTHER FILE FORMATS WILL BE ACCEPTED BY THE CITY. • ATTACHMENT FILES SHALL BE NO MORE THAN 250MB IN SIZE EACH, SHOULD THERE BE A NEED FOR A LARGER SIZE FILE TO BE UPLOADED SPLIT IN MULTIPLE FILES. • CONTACT BIDSYNC VENDOR SUPPORT TOLL -FREE NUMBER 800-990-9339, SUPPORYBID SYNC. COM OR EMAIL SUPPORT@BID SYNC. COM, FOR BIDSYNC TECHNICAL DIFFICULTIES AND/OR ISSUES. Invitation for Bid (IFB) 1164387 Table of Contents Terms and Conditions 1. General Conditions 1.1. 1. General Terms and Conditions for Invitation for Bids (IFB) 2. Special Conditions 2.1. PURPOSE 2.2. VOLUNTARY PRE -BID CONFERENCE 2.3. DEADLINE FOR RECEIPT OF REQUEST FOR ADDITIONAL INFORMATION/CLARIFICATION 2.4. TERM OF CONTRACT 2.5. LIVING WAGE ORDINANCE 2.6. BIDDERS MINIMUM QUALIFICATIONS 2.7. CONDITIONS FOR RENEWAL 2.8. NON -APPROPRIATION OF FUNDS 2.9. METHOD OF AWARD 2.10. TIE BIDS 2.11. INSURANCE REQUIREMENTS 2.12. BID SUBMISSION 2.13. PROJECT MANAGER 2.14. SUPERVISION 2.15. ADDITIONS/DELETION OF FACILITIES/SERVICES 2.16. HOURLY RATE 2.17. LOCAL PREFERENCE 2.18. PERFORMANCE BOND 2.19. BID BOND/SURETY BOND 2.20. BACKGROUND CHECKS 2.21. JESSICA LUNDSFORD ACT 2.22. EMERGENCY 2.23. CHANGES/ALTERATIONS 2.24. FORCE MAJEURE 2.25. METHOD OF PAYMENT 2.26. FAILURE TO PERFORM 2.27. TERMINATION 2.28. ADDITIONAL TERMS AND CONDITIONS 3. Specifications 3.1. SPECIFICATIONS/SCOPE OF WORK Invitation for Bid (IFB) 1164387 Terms and Conditions 1. General Conditions 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 and return the product to the Successful Bidder at the Successful Bidder'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 on BidSync. 1.5. ALTERNATE RESPONSES -Alternate responses will not be considered, unless specifically requested by the City. 1.6. ASSIGNMENT - Successful Bidder 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. Invitation for Bid (IFB) 1164387 1.7. ATTORNEY'S FEES -In connection with any litigation, appellate, administrative, mediation, and/or arbitration arising out of the resulting Contract, each parry 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 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 which are directly pertinent to this Formal Solicitation, for the purpose of audit, examination, excerpts, and transcriptions. The Successful Bidder 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 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 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. 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. The award of a Contract, where there are Tie Bids, the tie breaker will be decided by the Director of 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. B. 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. C. 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. Invitation for Bid (IFB) 1164387 D. The City reserves the right to automatically extend this Contract for up to one hundred eighty (180) 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, 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 eighty (180) day extension may occur, if, the City and the Successful Bidder are in mutual agreement of such extensions. E. 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. F. 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. G. A Contract may be awarded to the Successful Bidder 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 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 FORM - 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, Invitation for Bid (IFB) 1164387 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 understands that any capital expenditures that the Successful Bidder 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 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. If Successful Bidder has been unable to recoup its capital expenditures during the time it is rendering such goods/services, it shall not have any claim upon the City. 1.17. CITY NOT LIABLE FOR DELAYS -It is further expressly agreed that in no event shall the City be liable for, or responsible to, the Bidder, 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 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 Bidder 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. R 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. Invitation for Bid (IFB) 1164387 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. C. National Institute of Occupational Safety Hazards (NIOSH), as applicable to this Formal Solicitation. FL National Forest Products Association (NFPA), as applicable to this Formal Solicitation. L City Procurement Ordinance, City Code Section 18, Article III. J. Conflict of Interest, City Code Section 2-611;61. K Cone of Silence, City Code Section 18-74. L The Florida Statutes Sections 218.70 to 218.79, the Prompt Payment Act. Lack of knowledge by the Successful Bidder 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. Invitation for Bid (IFB) 1164387 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 clerksAmiamigov.com, to obtain a copy of same. 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) - 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 Invitation for Bid (IFB) 1164387 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 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. A. 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. B. 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). C. 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 parry's right to seek judicial relief. 1.26. DEBARRED/SUSPENDED VENDORS - An entity or affiliate who has been placed on the State of Florida debarred or suspended vendor list may not submit a Response for a solicitation to provide goods or services to a public Invitation for Bid (IFB) 1164387 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 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 to meet any terms of a Contract, the City will notify the Successful Bidder of the default and will provide the Successful Bidder three (3) days (weekends and holidays excluded) upon notification, by the City, to remedy the default. Failure by the Successful Bidder 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 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 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. 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 Invitation for Bid (IFB) 1164387 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 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 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 shall provide the City with the commodities/services defined Invitation for Bid (IFB) 1164387 within the scope of this Formal Solicitation at the price contained within Bidder's response. Further, Successful Bidder 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, 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. 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 Invitation for Bid (IFB) 1164387 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. FIRM 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 1st. 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 must provide for any, and all information to make a wage and contractual price increase(s) determination. R 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 $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 located in the Documents Section of BidSync. 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 $13.19 an hour, with health benefits. Invitation for Bid (IFB) 1164387 This language is only a summary of the key provisions of the City of Miami Living Wage Ordinance. Please review Attachment A, located in the Documents Section of BidSync, 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 TERMS - 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 (IIHI), and/or Protected Health Information (PHI), shall comply with the Health Insurance Portability and Accountability Act (HIPAA) of 1996, and the City of Miami Privacy Standards. HIPAA mandates for 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 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. Invitation for Bid (IFB) 1164387 1.42 INDEMNIFICATION -Successful Bidder 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 and persons employed or utilized by Successful Bidder in the performance of this Contract. The Successful Bidder 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 shall, upon written notice from the City, resist and defend such action or proceeding by counsel satisfactory to the City. The Successful Bidder expressly understands and agrees that any insurance protection required by this Contract or otherwise provided by the Successful Bidder 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 to defend, at its own expense, to and 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, or persons employed or utilized by the Successful Bidder. 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 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 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 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 or other acts of the Successful Bidder, the City, in no way, assumes or shares any responsibility or liability of the Successful Bidder or sub-consultant/contractor under this Contract. Ten dollars ($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. 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. Invitation for Bid (IFB) 1164387 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, under the Bid Contract conform to the terms and conditions of the Formal Solicitation. Successful Bidder 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, 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 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 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 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 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 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 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." Invitation for Bid (IFB) 1164387 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 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 Bidder 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 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, 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 being found in default, in which event, any and all re -procurement costs may be charged against the defaulted Successful Bidder. Any violation of the above stipulations may also result in the Successful Bidder being removed from the City's supplier's list. 1.54. NONDISCRIMINATION - Successful Bidder 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 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 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 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 Invitation for Bid (IFB) 1164387 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 bidder at the sole discretion of the city. material irregularities, deficiencies, and technicalities cannot be cured by the bidder, 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. Bidder 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. 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, pursuant to the Formal Solicitation shall at all times remain the property of the City, and shall not be used by the Successful Bidder 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 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 - Bidders are expected to examine the specifications, required delivery, drawings, and all special and general conditions. Invitation for Bid (IFB) 1164387 A. Each Bidder shall furnish the information required in the Formal Solicitation. The Bidder shall print, type or manually enter the all requested information, sign and upload the Certification Statement 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. G. The City 's Bid Forms shall be used when Bidder is submitting its Bid. Use of any other forms, will result in the rejection of the Bid. 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 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 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 - Successful Bidder 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 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 (20/o), 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 Invitation for Bid (IFB) 1164387 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 Bid 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 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 shall be the responsibility of the Successful Bidder. Damages occurring to such property while in route to the City, shall be the responsibility of the Successful Bidder. In the event that such property is destroyed, or declared a total loss, the Successful Bidder shall be responsible for the replacement value of the property, at the current market value, less depreciation of the property, if any. 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 CRIMES -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 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 III, and agrees to allow access by the City and the public, to all documents subject to disclosure under applicable law. Successful Bidder shall additionally comply with the provisions of Section 119.0701, Florida Statutes, titled "Contracts; public records". Successful Bidder 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 Invitation for Bid (IFB) 1164387 possession upon termination of this Agreement and destroy any duplicate public records that are exempt or confidential and exempt from disclosure requirements. 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 PUBLICRECORDS@MIAMIGOV.COM, OR REGULAR MAIL AT CITY OF MIAMI OFFICE OF THE CITY ATTORNEY, 444 SW 2ND AVENUE, 9TH FL, MIAMI, 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 refusal 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 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): (a)Right to protest. Invitation for Bid (IFB) 1164387 The following procedures shall be used for resolution of protested solicitations and awards except for purchases of goods, supplies, equipment, and services, the estimated cost of which does not exceed $25,000.00. Protests thereon shall be governed by the administrative policies and procedures of purchasing. (1) Protest ofsolicitation. a. Any prospective bidder 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 award. a. Any actual bidder 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 bidder of the notice of the city manager's recommendation for award of contract. 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; 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. 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. Invitation for Bid (IFB) 1164387 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 nor legal holiday. Intermediate Saturdays, Sundays and legal holidays shall be excluded in the computation of the time for filing. (b)Authority to resolveprotests; 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 ofprotest. Any actual bidder or bidder 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 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 Invitation for Bid (IFB) 1164387 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. 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 (f), 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 Invitation for Bid (IFB) 1164387 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. (fi 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. 1.77. SELLING, TRANSFERRING OR ASSIGNING RESPONSIBILITIES - Successful Bidder 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 - Electronic Bid submittals to this IFB are to be submitted through BidSync Electronic Bidding System (`BidSync") until the date and time as indicated in the Solicitation. The responsibility for submitting a Bid on/or before the stated closing time and date is solely and strictly the responsibility of the Bidder. The City will in no way be responsible for delays caused by technical difficulties or caused by any Invitation for Bid (IFB) 1164387 other occurrence. Electronic Bid submissions may require the uploading of electronic attachments. The submission of attachments containing embedded documents or proprietary file extensions is prohibited. All documents should be attached as individual files and labeled. Any Bids received and time stamped through BidSync, prior to the Bid submittal deadline, shall be accepted as a timely submittal and anything thereafter will be rejected. Additionally, BidSync will not allow for the electronic Bid submittal after the closing date and time has lapsed. Bids will be opened promptly at the time and date specified. 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(s). Accordingly, Bidder(s): 1. Must register, free of charge, with BidSync Electronic Bidding System ("BidSync") to establish an account in order to have access to view and/or respond to any solicitations issued by the City of Miami's Procurement Department ("City"). 2. Shall submit all Bids electronically. Hard copy Bid submittals will not be accepted. NO EXCEPTIONS. 3. Must submit the Certification Statement and associated solicitation documents which define requirements of items and/or services to be purchased, and must be completed and submitted as outlined within the solicitation via BidSync. The use of any other forms and/or the modification of City forms will result in the rejection of the Bidder's Bid submittal. 4. Shall ensure that the Certification Statement is fully completed and provided with your Bid. Failure to comply with these requirements may cause the Bid to be rejected. 5. Must ensure that an n authorized agent of the Bidder's firm signs the Certification Statement and submits it electronically. FAILURE TO SIGN THE CERTIFICATION STATEMENT SHALL DEEM THE BID NON -RESPONSIVE. 6. May be considered non -responsive if Bids do not conform to the terms and conditions of this solicitation. 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 effective as of the date specified in the notice, should any of the following apply: A. The Successful Bidder 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. Invitation for Bid (IFB) 1164387 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 times) 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 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. The Successful Bidder 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. Invitation for Bid (IFB) 1164387 2. Special Conditions 2.1. PURPOSE The purpose of this Solicitation is to establish a contract, for School Crossing Guard Services, as specified herein, from a source, fully compliant with the terms, conditions and stipulations of the Solicitation. 2.2. VOLUNTARY PRE -BID CONFERENCE A Virtual Voluntary pre -bid conference will be held on Thursday, June 3, 2021 at 10:00 AM online via Microsoft Teams at Conference ID 828 541 144# or via phone (786) 598 - 2961. A discussion of the requirements of the Solicitation will occur at that time. Each potential Bidder is required, prior to submitting a Bid Response, to acquaint itself thoroughly with any and all conditions and/or requirements that may in any manner affect the work to be performed. All questions and answers affecting the scope of work/specifications of the IFB will be included in an addendum, that will be distributed through BidSync, following the Pre -Bid Conference to all the attendees. Because the City considers the Pre -Bid Conference to be critical to understanding the Solicitation requirements, attendance is highly recommended. 2.3. DEADLINE FOR RECEIPT OF REQUEST FOR ADDITIONAL INFORMATION/CLARIFICATION Any questions or clarifications concerning this solicitation shall be submitted electronically via the Bidsync Portal. All questions must be received no later than Tuesday June 8, 2021 at 2:00 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. 2.4. TERM 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) one-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. LIVING WAGE ORDINANCE The City of Miami adopted a Living Wage Ordinance for City Service Contracts with a total contract value exceeding $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 located in the Documents Section of BidSvnc as 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 $13.19 an hour, with health benefits. Living wage means a wage that is as defined in section 18-557 of this Code. The living wage may be adjusted once Invitation for Bid (IFB) 1164387 annually by an amount equivalent to the cost of living adjustment for Miami -Dade County as published by the United States Department of Labor, Bureau of Labor Statistics. Language so stating will be included in all request for proposals, or other competitive solicitation documents, issued by the city for the procurement of services (unless the living wage provisions are excluded as provided in section 18-557 herein). This language is only a summary of the key provisions of the City of Miami Living Wage Ordinance. Please review Attachment A, located in the Documents Section of BidSync, for a complete and thorough description of the City of Miami Living Wage Ordinance. 2.6. BIDDERS MINIMUM QUALIFICATIONS For a Bidder to be deemed responsive the following minimum qualification requirements cited below shall be satisfied. In determining said responsiveness, each such minimum qualification requirement shall be addressed in detail in the Bid submittal. Failure to meet each such following minimum qualification requirement and/or failure to provide sufficient detailed documentation concerning the same, shall result in the Bid being deemed non -responsive. Bidder Shall: A. Be an established firm, legally qualified to do business in the state of Florida, be able to comply with all Florida Department of Transportation ("FDOT") regulations, and be able to provide services related to those requested in this IFB, specifically those required in Sections 3.3, 3.4 and 3.5 of this solicitation. B. Have never filed for bankruptcy, be in sound financial condition, have no record of civil litigation or pending lawsuits involving criminal activities of a moral turpitude, and shall not have conflicts of interest with the City. C. Not have a member, principal, officer, or stockholder in arrears or in default of any debt or contract involving the City, (as a party to a contract, or otherwise); nor have failed to perform faithfully on any previous contract with the City. D. Have worked in the capacity as a provider of School Crossing Guards services to governmental entities for at least three (3) consecutive years with the same Federal Employment Identification Number ("FEIN"). E. Submit a written dress code policy as a part of the IFB response. F. Submit a written plan to as to how the Bidder will manage, supervise, and logistically implement the current school crossing guard for twenty-seven (27) public schools, with a minimum of forty (40) school crossing guards and two (2) field supervisors, encompassing two (2) morning shifts and two (2) afternoon shifts. NOTE: Submittals that do not respond completely to all requirements shall be considered non -responsive and eliminated from the process. 2.7. 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 2.8. 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 the Successful Bidder, 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 project(s) will be awarded to any firm(s). 2.9. METHOD OF AWARD Award of this contract will be made to the lowest responsive and responsible Bidder who bids on all items and whose Invitation for Bid (IFB) 1164387 bid offers the lowest price when all items are added in the aggregate. Failure to bid on all items shall deem your bid non -responsive. 2.10. 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 2.11. INSURANCE REQUIREMENTS Successful Bidder 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, judgments, 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 and persons employed or utilized by Successful Bidder in the performance of this Contract. Successful Bidder 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 shall, upon written notice from the City, resist and defend such action or proceeding by counsel satisfactory to the City. The Successful Bidder expressly understands and agrees that any insurance protection required by this Contract or otherwise provided by the Successful Bidder 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 to defend, at its own expense, to and 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, or persons employed or utilized by Successful Bidder. Invitation for Bid (IFB) 1164387 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 shall require all subcontractors(s) agreements to include a provision that each subcontractor(s) will indemnify the City in substantially the same language as this Section. The Successful Bidder 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 in which the City participated either through review or concurrence of the Successful Bidder's actions. In reviewing, approving or rejecting any submissions by the Successful Bidder or other acts of the Successful Bidder, the City, in no way, assumes or shares any responsibility or liability of the Successful Bidder or subcontractor(s) under this Contract. Ten dollars ($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. Note: Insurance Definitions, Conditions, and Additional Requirements are located in the Documents Section of BidSync. I. Commercial General Liability A. Limits of Liability Bodily Injury and Property Damage Liability Each Occurrence $1,000,000 General Aggregate Limit $2,000,000 Personal and Adv. Injury $1,000,000 Products/Completed Operations $1,000,000 B. Endorsements Required City of Miami listed as an additional insured Contingent and Contractual Liability Premises and Operations Liability Primary Insurance Clause II. Business Automobile Liability A. Limits of Liability Bodily Injury and Property Damage Liability Combined Single Limit Any Auto Including Hired, Borrowed or Non -Owned Autos Any One Accident $ 500,000 B. Endorsements Required City of Miami listed as an additional insured III. Worker's Compensation Limits of Liability Statutory -State of Florida IV. Employer's Liability Invitation for Bid (IFB) 1164387 A. Limits of Liability $1,000,000 for bodily injury caused by an accident, each accident $1,000,000 for bodily injury caused by disease, each employee $1,000,000 for bodily injury caused by disease, policy limit V. Professional Liability/Errors and Omissions Coverage Combined Single Limit Each Claim $1,000,000 General Aggregate Limit $1,000,000 Retro Date Included Successful Bidder agrees to maintain professional liability/Errors & Omissions coverage for at least 2 years after termination of the contract period subject to continued availability of commercially reasonable terms and conditions of such coverage. VI. Umbrella Liability Each claim $1,000,000 $1,000,000 policy aggregate Excess Follow Form over all applicable liability policies contained herein City of Miami listed as an additional insured The above policies shall provide the City of Miami with written notice of cancellation or material change from the insurer in accordance to policy provisions. Companies authorized to do business in the State of Florida, with the following qualifications, shall issue all insurance policies required above: 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. (See Insurance Addendum in Document Section). 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 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 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: (1) Suspend the contract until such time as the new or renewed certificates are received by the City in the manner prescribed in the Invitation for Bids. (2) The City may, at its sole discretion, terminate this contract for cause and seek re -procurement damages from the Successful Bidder in conjunction with the General and Special Terms and Conditions of the Bid. The Successful Bidder 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 Invitation for Bid (IFB) 1164387 granted to the Successful Bidder. 2.12. BID SUBMISSION Please refer to Section 1.80 Submission and Receipt of Bids of the General Terms and Conditions of this solicitation. 2.13. PROJECT MANAGER Upon award, Successful Bidder shall report and work directly with Major Eric Gonzalez or Designee, who shall be designated as the Project Manager(s) for the City. 2.14. SUPERVISION Successful Bidder shall assign one working "On Duty" Field Supervisor when designated by the Project Manager or their designee. Successful Bidder shall also provide the name and telephone number for a responsible Field Supervisor, or the Successful Bidder, who may be reached at any time for the purposes of addressing issues and receiving information as to daily contract performance. In the event the assigned Field Supervisor demonstrates an inability to properly supervise their personnel as determined by the Project Manager or their designee, then the Project Manager or their designee have the authority to request the immediate dismissal of said Field Supervisor of their responsibilities at the facility and Successful Bidder is to assign another individual upon four (4) hour notice (if requested by the City) to supervise staff in a satisfactory manner as determined by the Project Manager or their designee. The City shall only be liable for payment of the actual hours worked by said Field Supervisor(s). 2.15. ADDITIONS/DELETIONS OF FACILITIES /SERVICES Although this solicitation identifies specific facilities/services, it is hereby agreed and understood that any facility/item/services may be added/deleted to/from this contract at the sole option and discretion of the City as it may deem in its best interest at such time. 2.16. HOURLY RATE The hourly rate quoted shall include full compensation for labor, equipment uses, travel time, and any other cost to the bidder. This rate is assumed to be at straight time for all labor, except as otherwise noted. 2.17. 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 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." 2.18. PERFORMANCE BOND Within ten (10) working days following notice of award by the City, the Successful Bidder shall furnish to the City of Miami, a Performance Bond in the total amount of the Cost to the City for the contract year, this bond shall me maintained for the duration of the contract and any extensions or renewals (to be determined at the time of award). The Performance Bond can be in the form of a Cashier's Check, made payable to the City of Miami; a bond written Invitation for Bid (IFB) 1164387 by a surety company authorized to do business in the State of Florida and shall comply with State Statute 287.0935; or an Irrevocable Letter of Credit. If the latter is chosen, it must be written on a bank located in Miami -Dade County, be in the amount of the contract and should clearly and expressly state that it cannot be revoked until express written approval has been given by the City of Miami. The City, to draw on same, would merely have to give written notice to the bank with a copy to the Successful Bidder. 2.19. BID BOND/SURETY BOND All responses shall be accompanied by a Certified Check (Money Order), Cashier's Check or Surety Bond in the amount of five percent (5%) of the bid forecast amount payable to the City of Miami and conditioned upon the Successful Bidder submitting the specified Performance Bond within fifteen (15) days following award by the City Commission, in the form and manner required by the City. In case of failure or refusal to do so within the time stated, the security submitted with the bid will be forfeited as liquidated damages because of such failure or default. The original Certified Check (Money Order), Cashier's Check or Surety Bond shall be submitted to Procurement Department, 444 SW 2nd Avenue, 6th Floor, Miami, Florida 33130. Upon execution of a Contract, and receipt of the Performance Bond as outlined above, the Certified Check (Money Order), Cashier's Check or Surety Bonds will be returned to all Bidders. 2.20. BACKGROUND CHECKS Prior to commencement of the Successful Bidder's provision of School Crossing Guard services, Successful Bidder shall provide Level II Background Screening results pursuant to Florida Statute 435.04, for all employees, volunteers, and/or subcontractors who shall engaged in providing School Crossing Guard services. 2.21. JESSICA LUNSFORD ACT In accordance with the requirements of Sections 435.04 and 435.05, Florida Statutes (2015) as well as with the requirements of HB 1877, The Jessica Lunsford Act (2005), effective September 1, 2005, as amended, and to the extent required by applicable law, Successful Bidder agrees that all of its Personnel who provide or may provide Services under this Contract have completed all background screening requirements as outlined in the above - referenced statutes. Successful Bidder agrees to bear any and all costs associated with acquiring the required background screenings. Successful Bidder agrees that it has an ongoing duty to maintain and update this list as new Personnel are hired and in the event that any previously screened employee fails to meet the statutory standards. Successful Bidder further agrees to notify the City immediately upon becoming aware that one of its Personnel, who was previously certified as completing the background check and meeting the statutory standards, is subsequently arrested or convicted of any disqualifying offense. Successful Bidder further covenants that any of its Personnel who provide or may provide Services under this Contract, shall also satisfy the requirements and conditions of the Lauren Book Child Safety Ordinance under Article XVII, Miami -Dade County Code of Ordinances, as amended, including background screening requirements. 2.22. EMERGENCY The Successful Bidder shall provide the City with School Crossing Guard Personnel in the evenings, weekends, and holidays, on an as needed basis, to manage any emergency situation which may threaten public health and safety, as determined by the City. Successful Bidder shall furnish with its Bid submittal a twenty-four (24) hour telephone number in the event of any such emergency situation. Pricing for this service shall be included in the Bid Price Sheet. Invitation for Bid (IFB) 1164387 2.23. CHANGES/ALTERATIONS Bidder may change or withdraw a Bid at any time prior to Bid submission deadline; however, no oral modifications will be allowed. Written modifications shall not be allowed following the Bid deadline. 2.24. FORCE MAJEURE Successful Bidder shall not be liable for any failure of or delay in the performance of this Agreement for the period that such failure or delay is due to causes beyond its reasonable control, including but not limited to acts of God, war, strikes or labor disputes, embargoes, government orders or any other force majeure event. 2.25. METHOD OF PAYMENT Full payment will be made upon receipt and acceptance of a completed services. No down or partial down payments will be made. 2.26. FAILURE TO PERFORM Should it not be possible to reach the Successful Bidder or Field Supervisor 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 in default of the contract or make appropriate reductions in the contract payment. 2.27. TERMINATION A. FOR DEFAULT If Successful Bidder 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 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 was not in default or (2) the Successful Bidder 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 interest 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 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. 2.28. 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/Bidder's authorized signature affixed to the Bidder's/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 Invitation for Bid (IFB) 1164387 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. Invitation for Bid (IFB) 1164387 3. Specifications 3.1. SPECIFICATIONS/SCOPE OF WORK The City of Miami ("City") is seeking bids from qualified Bidders to provide School Crossing Guard Services for the City of Miami Police Department ("Police"), in accordance with the terms, conditions, and specifications contained in this Invitation for Bid ("IFB"). The Successful Bidder shall be responsible for providing State of Florida Department of Transportation ("FDOT") certified school crossing guards at locations and times specified by the City. The Successful Bidder shall be completely responsible for the supervision and training of such personnel in accordance with contract specifications, terms and conditions, and shall exercise exclusive control over persons employed to fulfill these contract requirements in accordance with the IFB specifications. 3.2 SCHEDULING/STAFFING REQUIREMENTS It is the City's desire that the Successful Bidder coordinate with the City to offer the persons currently employed as school crossing guards or back-up guards, first consideration for any available school crossing guard work in accordance with the Successful Bidder's employment terms and conditions. It is anticipated that forty (40) school crossing guards and three (3) Field Supervisors will be required for each school day. However, this is an estimate and the Project Manager will keep the Successful Bidder informed as to the exact number of school crossing guards that will be required at any one time. The Successful Bidder shall be required to provide coverage at the school crossings for the times indicated in Locations and Hours Attachment located in the Documents Section of the Solicitation (list of locations and hours of coverage, all tentative.). All times listed in this attachment could be shifted earlier or later. The Successful Bidder shall be flexible and provide guards for the hours and locations needed on the instructions of the Project Manager or Designee. Four (4) hours will be paid by the City for daily coverage at each school. However, in situations where elementary and middle school hours overlap at a post, additional hours of coverage and the number of hours that will be paid by the City will be mutually agreed upon by the Successful Bidder and the Project Manager. All school crossing guards are required to be at their assigned post one-half (1/2) hour prior to the start of school in the morning, and one-half (1/2) hour following dismissal in the afternoon. However, should the required reporting times be changed by the Dade County School Board, Successful Bidder shall comply with no added cost to the City. 3.3 TRAINING It shall be the responsibility of the Successful Bidder, at no cost to the City, to ensure that all persons employed as school crossing guards, including Field Supervisors, receive proper training. The Successful Bidder must comply with Title XXIII, Chapter 316 Section 316.75, Florida Statutes, "School Crossing Guards" (previously Section 234.302, Florida Statutes, the "Ramon Tumquest School Crossing Guard Act"), by employing FDOT certified crossing guard trainers to ensure that all persons employed as school crossing guards receive proper training as required by law. Successful Bidder shall provide evidence (e.g., FDOT issued training certificate or FDOT training performance checklist, if no certificate has yet been issued by the State) of training to Project Manager prior to employment by Successful Bidder. It is the Successful Bidder's responsibility to keep all training documentation up to date and to provide copies to the Project Manager or Designee. All FDOT issued training certificates shall be signed by Successful Invitation for Bid (IFB) 1164387 Bidder before forwarding to the Project Manager. Under no circumstances shall the Successful Bidder place a school crossing guard at a location who does not meet the state -mandated training requirements. Use of school crossing guards or Field Supervisors who have not successfully met the training criteria may result in rejection of invoices for service and/or may serve as grounds for termination of the Contract. State required initial and annual re-training of all school crossing guards, including Field Supervisors, shall be conducted by a FDOT certified trainer as per the standards established by the FDOT. It shall be the sole responsibility of the Successful Bidder, at no cost to the City, to comply with all requirements of this regulation prior to contract commencement. The Field Supervisors shall be certified FDOT trainers; all pertinent information and qualifications, including copies of FDOT school crossing guard trainer certifications, be included as a part of your IFB response. If a Subcontractor or Consultant shall be the source of training, such Subcontractor or Consultant shall be identified, and all pertinent information and qualifications, including copies of FDOT school crossing guard trainer certifications, are to be included as a part of your IFB response. Any required additional training throughout the school year will be the sole responsibility of the Successful Bidder, at no cost to the City. The City, at its own expense, may provide training or instructions for some or all of the School Crossing Guards and Field Supervisors for topics related to job performance. Should this occur, the abovementioned personnel will be paid for their time in accordance to the Bid Price Sheet. 3.4 EMPLOYEE QUALIFICATIONS a. Training: All appropriate Successful Bidder personnel must have received training in accordance with the training requirements as set forth in Section 3.3 above, prior to being assigned to the City's Contract. Use of untrained guards or Field supervisors may result in rejection of invoices for service and/or may serve as grounds for termination of the Contract. Successful Bidder shall provide the City with credentials supporting this training, prior to guard, back- up guard, Field supervisor or trainer assignment. Previous school crossing guard experience of the Successful Bidder's employees who would be assigned to this Contract is preferred by the City. b. Dress Code/Identification: Successful Bidder shall provide the City a copy of their written dress code policy as a part of the IFB response. All Successful Bidder's employees shall present a professional appearance, be neat, clean, well groomed, courteous, properly uniformed, conduct themselves in a respectable manner, and be a minimum of eighteen (18) years old. The preferred uniform consists of a white shirt or blouse and navy or dark slacks or trousers. The Successful Bidder or its employees are responsible for the cost of such uniform. Successful Bidder's personnel shall wear some identification indicating they are the Successful Bidder's employee. This shall be in the form of a company issued identification and a company issued uniform. The City reserves the right to approve uniforms to conform with City standards. . Invitation for Bid (IFB) 1164387 Successful Bidder's personnel shall under no circumstances be permitted to wear open toed shoes, sandals, sling backs or slip-ons, or suggestive clothing. C. Personnel Removal/Reassignment/Substitution: The City acknowledges that all employees and contractors of the Successful Bidder shall be considered to be, at all times, the sole employees or contractors of the Successful Bidder under its sole discretion and not an employee or agent of the City. The City reserves the right to request the Successful Bidder to remove any employee it deems careless, incompetent, insubordinate, or otherwise objectionable and whose continued performance of the services is not in the best interest of the City. Such Successful Bidder employee will be replaced with an acceptable substitute employee. Such request, if made by the Project Manager or designee, shall be complied with immediately. Notes: Guards, back-up guards, Field Supervisors, and/or trainers with felony arrest history, misdemeanor arrest history involving moral turpitude, or being listed as a sexual predator or offender, shall not work on this contract. Use of guards, back-up guards, Field Supervisors or trainers who have not successfully passed the criminal background history check may result in rejection of invoices for service and/or may serve as grounds for termination of the Contract. Successful Bidder shall mandate that all employees assigned to this contract report any criminal charges brought against them immediately. Successful Bidder, upon receipt of such information, will immediately notify the Project Manager or Designee. Annual Criminal Background History Checks as set forth above for all persons assigned to this Contract shall be required, at no cost to the City, each summer prior to commencement of the new school year in August. There may be nuances based on prior arrests and or convictions for crimes that may not be enumerated. Therefore, The City has the final decision in all hiring matters. 3.5 DAILY FIELD SUPERVISION The Successful Bidder shall provide a minimum of three (3) experienced field Supervisors overseeing the operations, at all times, while the guards are on duty. A maximum of twelve (12) hours will be paid by the City for daily supervision for a maximum of three (3) field Supervisors. All supervisory personnel shall have FDOT certification as a Field Supervisor. It will be the responsibility of the field Supervisor(s) to ensure that all crossings are properly staffed at all times such staffing is required by the City. Field Supervisors are permitted to work a post only on an emergency basis; Field Supervisors are to be active in the field, not working posts. Additional supervisory personnel may be provided by the Successful Bidder to ensure a greater degree of monitoring and contract compliance. However, this will be provided at no cost to the City. 3.6 GUARD BACK UP The Successful Bidder shall ensure that adequate employees are available for the backup of any school crossing guard in case of absenteeism. Each backup school crossing guard shall be fully trained, FDOT certified, and familiar with the specific crossing location. Each working school crossing guard shall be provided with the name and telephone Invitation for Bid (IFB) 1164387 number of a back-up guard and Field Supervisors in case the working guard cannot be at their post. 3.7 TWENTY-FOUR (24) HOUR ANSWERING SERVICE The Successful Bidder shall provide for its employees a 24-hour answering service. The Successful Bidder may set- up its own call -out procedure, and this information shall be included in the IFB response. 3.8 REPORTS Successful Bidder shall provide the following reports to the Project Manager or Designee in the frequencies specified a. Weekly Group Time Sheet: This report shall be in a form agreeable to both parties and must include each post location, by school name in alphabetical order, identification of the guard assigned to each post location, number of hours per day worked at each location during the week and other pertinent information to document that all school crossing guard posts were properly staffed during the week. Each report shall be signed by the Successful Bidder certifying that the Successful Bidder's employees worked the hours listed on the timesheet. This report shall be sent via electronic mail to the Project Manager or Designee not later than the Wednesday following each week worked. The report shall also be sent via electronic mail, in Microsoft Excel format, to the Project Manager or Designee at the same time it is provided via electronic mail. b. Master Guard List: This report shall include all school crossing guards and their assigned posts and back- up guards assigned to the contract. This report is to be provided at commencement of the school year and updated periodically as changes occur. This report shall be sent via electronic mail to the Project Manager or Designee in Microsoft Excel format. C. Student Count Report: A "student count report" shall be conducted, upon request of the Project Manager or Designee. This report shall contain the following information: Guard name, location and the number of students crossed A.M. and P.M. This report, when requested, shall be sent via electronic mail to the Project Manager or Designee. d. Complaint Report: Successful Bidder shall have an established procedure for handling, responding to, and documenting actions regarding all complaints received. A report of all complaints shall be provided to the Project Manager or Designee as follows: due January 15th for the period covering commencement of the school year in August through Winter Break; due June 15th for the period covering commencement of school following Winter Break through the end of the Regular school year in May/June. If there is an Extended School Year Session (e.g., Summer School), a report shall be due on August 1st covering the entire Extended School Year Session. This report shall include the following minimum information: Date of complaint, post location, guard identification, type of complaint, action taken, total number of complaints for the reporting period. This report shall be sent via electronic mail to the Project Manager or Designee in Microsoft Excel format. e. Daily Time Sheets: Successful Bidder shall maintain at its offices, and make available for inspection by City personnel, daily time sheets for all school crossing guards and Field Supervisors assigned to this contract. The daily time sheet shall, at a minimum, identify the school crossing guard or Field Supervisor and total number of hours worked each day. Daily time sheets shall be signed by the Successful Bidder's employees certifying as to the number of hours worked. Invitation for Bid (IFB) 1164387 f. Additional Reports: The Project Manager or Designee may request additional reports from time to time for the purpose of evaluating the performance of the Successful Bidder. Successful Bidder agrees to provide these reports to the City, as requested, at no additional charge. 3.9 CITY MEETINGS The City may request periodic meetings with the Successful Bidder to review performance, address specific issues, etc. Successful Bidder agrees to attend these meetings, at no charge to the City, as necessary during the Contract term. Successful Bidder, at a minimum, must attend periodic countywide meetings organized by the School Board and Dade County Traffic Engineering. Additionally, the Successful Bidder may be requested to attend various meetings involving the school principals, parents, and similar entities regarding contract and/or safety -related issues. Successful Bidder agrees to do so at no charge to the City. 3.10 EQUIPMENT The Successful Bidder is responsible, at no cost to the City, for supplying all equipment required by the FDOT standards and guidelines and necessary for the school crossing guards to perform their duties, to include at a minimum, but not limited to, the following: 1) retro-reflective stop paddle that conforms to the guidelines in MUTCD (Manual on Uniform Traffic Control Devices) Section 6E.03 and/or fluorescent or retro-reflective orange gloves; 2) fluorescent and retro- reflective safety vest; 3) metal whistle with lanyard; and 4) hi -visibility yellow rain gear. Any required replacement of aged, lost or damaged equipment shall be the responsibility of the Successful Bidder, at no cost to the City. The Successful Bidder shall provide, at its sole expense, all other equipment that may be required to properly perform the services in accordance with the terms of this IFB. 3.11 SCHOOL YEAR SCHEDULE It is estimated that school crossing guard services will be required for a total of approximately 210 days per year. The Project Manager or Designee will inform the Successful Bidder of the specific dates when they are made available from the School Board. No warranty or guarantee is given or implied as to the total number of days of guard and Field Supervisor coverage that will be required as a result of this Contract. Approximate School Year scheduling is as follows: a. Regular School Year: The Regular School Year (consisting of 180 school days) typically begins in mid -August and is in session until approximately early June, with appropriate holidays, breaks and teacher workdays that do not require coverage. b. Extended School Year (a/k/a Summer School): The Extended School Year typically begins in July and is in session for approximately 30 days. Invitation for Bid (IFB) 1164387 3.12 ANNEXATION AND/OR ADDITIONS OR REMOVAL OF SCHOOLS In the event that additional areas are annexed and/or schools are added or removed into the City of Miami, the Successful Bidder shall assume responsibility for providing school crossing guard services to designated schools in the annexed areas. The level of service and hourly charge for services provided in an annexed area must be equal to the service and hourly charge provided within the original City limits at the time the annexation is effective. The Successful Bidder will be required to provide school crossing guard services at locations in the annexed areas, as directed by the Project Manager or Designee. The Project Manager or Designee shall provide all information regarding the additional number of school crossing guards required as soon as the annexation is approved. The Project Manager or Designee will work with the Successful Bidder to develop a transition planbefore the date upon which the expanded service will be required. 3.13 RETENTION PROGRAM If Bidder has an established program designed to recruit and retain personnel assigned to this contract, Bidder shall include in their IFB response a description of such program. 3.14 BASIC PRE -EMPLOYMENT PHYSICAL EXAMINATION FDOT guidelines recommend that each prospective school crossing guard be given a basic physical examination, including agility, blood pressure, vision and hearing tests. If Bidder has an established program designed to meet these criteria Bidder shall include in their IFB response a description of such program. 3.15 SPECIAL EVENTS The Successful Bidder may be requested to provide school crossing guards for special events. The City will provide the Successful Bidder with specific dates of these events when known to the City and will provide the Successful Bidder seven (7) days advance notice of the City's requirements. A maximum of four (4) hours will be paid to the Successful Bidder, per school crossing guard at the hourly rate in effect at the time of service. Additional hours of coverage and the number of hours that will be paid by the City will be mutually agreed upon by the Successful Bidder and the Project Manager or Designee.