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Home My WebLink AboutBack -Up DocumentsDocuSign Envelope ID: 7AOCBF6C-4552-477A-A479-76CDBD4B7889 CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM Arthur Noriega V. October 12, 2021 City Manager DATE: 1..!1 D Recommendation of Award for SUBJECT : Bio-Hazardous Waste, Spills, and Decontamination Services Annie Perez, CPPO REFERENCES: Invitation for Bid ("IFB") No. 1254386 Director of Procurement/Chief Procurement Officer ENCLOSUF'-' Bid Tabulation and Pre -Qualified Vendor Pool RECOMMENDATION: Based on the findings below, the Procurement Department ("Procurement") hereby recommends the award of Group 5, a pre -qualified pool of vendors, pursuant to IFB No. 1254386 to various vendors who have been pre -qualified and will be added to the pool, for the provision of bio- hazardous waste, spills, and decontamination services, on an as needed basis, Citywide. The awarded vendors, contract terms, and amount are shown below. Contract Number/Title: IFB No. 1254386, for the Provision of Bio-Hazardous Waste, Spills, and Decontamination Services Contract Amount: The approximate amount is over $300,000.00 per emergency occurrence. Contract Term: Initial term of two (2) years, with the option to renew for two (2) additional two (2) year periods. Recommended Vendors: BioResponse Corp. ("Bioresponse"), JRP & Sons Corp dba FL Cleanup ("FL Cleanup"), and Muma SA LLC ("Muma"). BACKGROUND: On January 14, 2021, the Department of Procurement ("Procurement") issued IFB No. 1254386 under full and open competition, to obtain bids from experienced and qualified firms for the provision of Bio-Hazardous Waste, Spills and Decontamination Services, Citywide. As required by the Procurement Code, the IFB was advertised and issued on-line. On February 18, 2021, at the bid closing, five (5) bids were received. All Bidders were deemed non -responsive for Groups 1-4, and only three (3) Bidders were deemed responsive and responsible for Group 5. Procurement is recommending award to Bioresponse, FL Cleanup, and Muma, for Group 5, all three (3) met the minimum qualifications, per the bid specifications. In 2020, during the Covid-19 pandemic the City spent an estimated amount of approximately $300,000 for said services. Should there be another Force Majure such as the Covid Pandemic the City will spend accordingly, on an as needed basis. Consequently, approval of this recommendation to award is requested. Your signature below will indicate approval of this recommendation. Yt+�JAd^ ul October 25, 2021 109:54:06 EDT Approved: .,,..� , Date: Arthur Noriega V. City Manager cc: Nzeribe Ihekwaba, Ph.D., P.E. Deputy City Manager, Chief of Infrastructure DocuSign Envelope ID: 7AOCBF6C-4552-477A-A479-76CDBD4B7889 Fernando Casamayor, Assistant City Manager, Chief Financial Officer Natasha Colebrook -Williams, Assistant City Manager, Chief of Operations Yadissa A. Calderon CPPB, NIGP-CPP, Assistant Director, Procurement PR21223 Page 2 of 2 DocuSign Envelope ID: 7AOCBF6C-4552-477A-A479-76CDBD4B7889 Bi. #1254386 P.o..w--Bio-H.=. —. W.— Spin....a D—<....i... i— S.—... ServiceMaster by Enterprise BioResponse Corp Ai BioHazard Mum' SA LLC FI Cleanup Item # Rem Price Total Notes Price Total Notes Price Total Price Total Notes Price Total Notes 1254386--01-01 F.....,F.<...:F..,R« 79.5 79.5 95 95 105 10b 400 400 1254386--01-02 N-FF:F.—R.t.(.,,,�<,�,,,,.).<.�«,..��, «<,,...<."�«m.l' 79.5 79fi 95 95 105 10" 400 400 T«... IS—1 7QU.n 159 190 210 800ServiceMaster by Enterprise BioResponse Corp Al BioHazard Muma SA LLC FI Cleanup Item # ttem Price Total Notes Price Total Notes Price Total Price Total Notes Price Total Notes 1254386--02-01 F...,—,F,,,,ded: F— R.�..o. ,,,=,de„�...... a:w<(2)�o,,. ma.�m„m ,�� s 145 145 192 192 490 490 800 800 1254386--02-02 N-FF. F.� R.,....,�< —....„......�. (2) �<�. m..�m.m .,,,,,,g 1 ... 145 145 192 191 490 490 800 800 T..... G..,.e 2 , 290 384 980 tow ServiceMaster by Enterprise BioResponse Corp Al BioHazard Muma SA LLC FI Cleanup Item # Rem Qty Unit Price Total Notes Price Total Notes Price Total Price Total Notes Price Total Notes 1254386--03-01 F.....,y R.....:A�,..<... ,<„<�„�<g m..a,m. ..y«, «. �w. (2) �<,,. �.�..�. 1 <,,. 79.5 79.5 95 95 80 80 350 350 1254386--03-02 N-FF: A<y (2) 1 <.,,. 79.5 79.5 95 95 80 80 350 350 1254386--03-03 F.d..-y.F—.:R...r<..<...,,,.�.��,,.�d �.,,�,,,,.. ,,e« 35 G.,—. 1 45 45 54 54 75 75 1254386--03-04 N-FF:R.t.35 G.,,.— 1 =.,,t.,<.. 45 45 54 54 75 75 1254386--03-05 F... ..,„F,,,. — R... 1 98 98 110 110 175 175 1254386--03-06 N-FF.R.......,..dd,,,.<.,,,,,,d..,.l.,<..,,,..96G..-.. 1 98 98 110 110 175 175 T—... G...r. 3 445 518 660 700 t...: G...,.4 ServiceMaster by Enterprise BioResponse Corp Al BioHazard Muma SA LLC FI Cleanup Item # Rem G Unit Price Total Notes Price Total Notes Price Total Price Total Notes Price Total Notes 1254386--04-01 F.d..,,,.F,,,.d.,: A�----<..�... P..,,... C...� 1 J.. 125 125 156 156 145 145 1254386--04-02 N-FF. A,-�,,.,,, .— <....... P....... G.-- 1 �., 135 135 156 156 145 145 T..... G..,,e4 - 260 312 290 L-40. ti ServiceMaster by Enterprise BioResponse Corp Ai BioHazard Muma SA LLC FI Cleanup Item # Rem G Unit Price Total Notes Price Total Notes Price Total Price Total Notes Price Total Notes 1254386--05-01 5... ,.., J.. w. D...-.—.—,.<D„ —.—."/..5. 1 0 0 0 0 0 0 0 0T<..—.. 0 0 T..... G—,1-4 1 1154 14041 1 2140 N...-R......... Qualifications For Group 5 C. , M m. SA LLC F Cl--,,., N-FF= Non Federally Funded N.., R..,..,.— G..,., 5 N..-R....... — G...e 5 Ge.<ed By : Vi-- Gi—d. Bi., #1254386 P.o—io., o. Bio-H......... W.— Spi- — D—a..,i..a i— Se i... L.e G.... 1 ServiceMaster by Enterprise BioResponse Corp Ai BioHazard Mum' SA LLC FI Cleanup Item # Rem Price Total Notes Price Total Notes Price Total Price Total Notes Price Total Notes 1254386--01-01 F.,...��r F,<,.,:F..R«<(,��«��«�<).«�«„«<, «<>�,..., "�..m.�" 79.5 79.6 95 95 105 10b 400 400 254386--01-02 N-FF: F�a Ra.(.��<�„�,,.).<.�«„e��, «<,,,..<."�«m.l' 79.5 /9.!i 95 95 105 106 400 400 T«... IS—1 7QU.n 159 190 210 800ServiceMaster by Enterprise BioResponse Corp Al BioH—c! Muma SA LLC FI Cleanup Item # ttem Price Total Notes Price Total Notes Price Total Price Total Notes Price Total Notes 1254386--02-01 F...,—, F,,,,,.,: F— R.�.... ,„_,,.,,�._...., a:w. (2) �.,,, m..�m,,,. ,�� s 145 145 192 192 490 490 800 800 1254386--02-02 N-FF: F.� R.�.... ��< —....„......�. (2) �<�. m..�m,m .,��,„g 1 ... 145 145 192 191 490 490 800 800 T..... G..,.e 2 , 290 384 980 tow ServiceMaster by Enterprise BioResponse Corp Al BioHazard Muma SA LLC FI Cleanup Item # Rem Q Unit Price Total Notes Price Total Notes Price Total Price Total Notes Price Total Notes 1254386--03-01 F.,....y R..,..:A�,..<... ,<„<�„�<g m..a�m. ..y«, «. �w. (2) �<,,. �.�..�. 1 <,,. 79.5 79.5 95 95 80 80 350 350 1254386--03-02 N-FF: A<y ,<...<�.�„,„s m<.. tam. r . t.. �w. (2) �,.,. �.�.a. 1 <.,,. 79.5 79.5 95 95 80 80 350 350 1254386--03-03 F.d..-y.F—.:R...r<..<.,,,�,.�.��,,.�, �.,,�,,,,.. ,,e« 35 G. 1 45 45 54 54 75 75 1254386--03-04 N-FF:Ra.....,,.,,�t�.<.��q„„<.,,�.�,,.. ,,, �. 35 G.�— 1 =.,,t.�<.. 45 45 54 54 75 75 1254386--03-05 F.,...,.F,,,.,.,:R...—96G.-- 1 98 98 110 110 175 175 1254386--03-06 _ ..96 G..— 1 98 98 110 110 175 175 T—... 13— 3 445 518 660 700 t...: G4 ServiceMaster by Enterprise BioResponse Corp Al BioHazard Muma SA LLC FI Cleanup Item # Rem G Unit Price Total Notes Price Total Notes Price Total Price Total Notes Price Total Notes 1254386--04-01 F., r—,. F,,,.,.,: A,--- «.�.<. P....,,.. C..., 1 J.. 125 125 156 156 145 145 1254386--04-02 N-FF.A�-�„��,,,—<,....<. P....... G.-- 1 �<, 135 135 156 156 145 145 T..... G..,,e4 - 260 312 290 L-40. ti ServiceMaster by Enterprise BioResponse Corp Ai BioHazard Muma SA LLC FI Cleanup Item # Rem G Unit Price Total Notes Price Total Notes Price Total Price Total Notes Price Total Notes 1254386--05-01 S... .<rJ..w.D.<o<c.mma.—D,---."/.. S—..—S—.... 1 0 0 0 0 0 0 0 0T<..<.,<. 0 0 T..... G—,1-4 1 1154 14041 1 2140 N...-R..w.. — Qualifications For Group 5 B,.R. .. C. a M m. SA LLC F Cl--,, N-FF= Non Federally Funded N.., R..,..,.— G,— 5 N...-R....... — G..,,e 5 C'-- By : Vi-- Gi—d. City of Miami Solicitation 1254386 INSURANCE ADDENDUM INSURANCE DEFINITIONS, REQUIREMENTS AND CONDITIONS The VENDOR/CONTRACTOR / CONSULTANT (AS APPLICABLE) agrees to provide and maintain throughout the life of this contract and at Vendor/Contractor/ Consultant's expense insurance coverage outlined herewith as applicable insuring all operations related to the contract and any extensions thereof. Workers Compensation and Employers Liability Statutory requirements per Chapter 440, Florida Statutes, as amended, are applicable, and this coverage is subject to the Laws of the State of Florida. This coverage protects against lawsuits stemming from workplace accidents. It provides for medical care to injured employees, along with compensation for lost income. Commercial General Liability It protects against accidents and injuries that occur on company property or the property of a customer. It compensates an injured person or owner of property for injuries and property damages, and the cost of defending lawsuits, including legal settlements or investigations. This policy also covers claims resulting from products exposures, libel, slander, copyright infringement, and other personal and advertisement injuries. Commercial Automobile Liability It protects against liability, no fault, medical payments, uninsured and underinsured motorists claims, collision and other than collision physical damage. In addition, this policy affords coverage on autos that are hired or borrowed or non -owned for use in the business. The non -owned can be autos owned by employees or members of their households. Non -Owned Auto exposures can be endorsed or added under the Commercial General Liability Policy. Professional/Errors and Omissions Liability Used by many professionals such as engineers, lawyers, accountants, stock brokers, financial advisers, insurance agents, court reports, dentists, nurses and teachers. It protects against the financial effects of liability lawsuits filed by clients. It basically protects professionals who cause harm to a client due to incompetence, errors , or negligence. P. 65 1/14/2021 6:30 AM City of Miami Solicitation 1254386 Umbrella Liability It protects against liability and losses after primary insurance benefits have been exhausted. This supplemental coverage kicks in only after the underlined liability policies have paid their maximum benefits. Environmental Liability It protects against the financial costs of claims of injury or damage due to pollution, and other costs of cleaning up pollutants. These policies are designed to cover both property and liability risks. Directors and Officers Liability This coverage protects against claims from stockholders, employees and clients that are also aimed individually at directors and officers. These claims typically stem from errors in judgement, breaches of duty and wrongful acts in connection with company business. Cyber Liability It protects against costs of the theft, destruction or unauthorized use of electronic data through computer viruses or network intrusions. It also adds protection to a business against such costs if a business fails to safeguard another party's electronic data. Companies sharing data outside their internal network benefit from this coverage Commercial Property It protects against claims or damages to the insured's buildings, business personal property and personal property of others. It can also provide for loss of business income coverage or extra expenses incurred because of physical loss by a covered peril to the insured's property. Commercial Crime It protects against loss of money, securities and other property because of a variety of criminal acts such as employee theft or embezzlement, burglary, robbery, forgery, computer fraud, kidnapping and extortion. Crime insurance also covers money and securities against damage or destruction by almost any cause of loss, not just crime. 111412021 6:30 AM p• 67 Solicitation 1254386 city of Miami Builders Risk ion. Any It protects against damage to or destruction of buildings or , or respair proje during from this coverage. party party with a financial interest in a construction, remodeling, Surety Bonds Surety bonds are three party contracts. The principal, the party that undertakes the obligation, pays for the issuance of a bond by a surety company. The bond provides capital to guarantee the obligation will be performed. The obligee is the party that receives the benefit of the bond If the obligation is improperly performed. if payment and performance bonds are required such bonds must be substantially in the form prescribed by Florida Statutes 255.05, as amended, and will be subject to the approval of the City of Miami Director of the Department of Risk Management. Valuable Papers It pays for the cost to reconstruct damaged or destroyed valuable papers and records. Typically is defined to include almost all forms of printed documents or records with the exception of money or securities, and data and media which is usually excluded. Additional Requirements The Vendor/Contractor must furnish the City of Miami, Department of Procurement, and Risk Management located at 444 S.W. 2nd Avenue Miami, Florida 33130, original Certificates of insurance to be in force on the date of this Contract, and Renewal Certificates of insurance thereafter. All policies indicated on the certificate must be in compliance with all Contract requirements. The failure of the City to obtain the applicable or corresponding certificates from Contractor is not a waiver by the City of any requirements for the Vendor/Contractnr. The Vendor/Contractor must furnish Certificates insurance listing the City of Miami as an additional insured. All insurance certificates must be signed, dated and reference the City contract number. The insurance must provide for sixty (30) days prior written notice to be given to the City in the event coverage is substantially changed, canceled, or non -renewed. Any deductibles or self -insured retentions furthaerenced agrees insurance have inosurersgewa waivemust their borne rights of Vendor/ Contractor. The Vendor/Contra subrogation against the City of Miami, its employees, elected officials, agents, or representatives. The coverages and limits furnished by Vendor/Contractor in no way limit the Vendor/Contractor's liabilities and responsibilities specified within the Contract or law. Any insurance or self-insurance programs maintained by the City of Miami shall not contribute with insurance provided by the Vendor/Contractor under the Contract p. 68 1/1412021 6:30 AM City of Miami Solicitation 1254386 The required insurance to be carried is not limited by any limitations expressed in the indemnification language in this Contract or any limitation placed on the indemnity in this Contract given as a matter of law. If the Vendor/Contractor is a joint venture or limited liability company, the insurance policies must name the joint venture or Limited Liability Company and each of its separate constituent entities as named insureds. The Vendor/Contractor must require all subcontractors to provide the insurance required herein. All subcontractors are subject to the same insurance requirements of the Vendor/Contractor unless otherwise specified in this Contract. If the Vendor/Contractor or subcontractor desire additional coverages, the party desiring the additional coverages is responsible for the acquisition and cost. Notwithstanding any provision in the Contract to the contrary, the City of Miami Risk Management Department maintains and reserves the right to modify, delete, alter or change these requirements. Note: The duty to carry and maintain insurance during the life of the contract will survive the cancellation or expiration, as applicable, under the Contract. 1/14/2021 6:30 AM p. 69 solicitation 1254386 city of Miami CERTIFICATION REGARDING LOBBYING The undersigned certifies, to the best of his/her knowledge, that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, arenewal, ive amendment, or modification of any Federal contract, grant, agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officers or employee of Congress, or an employee or a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form, LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that it subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31, U.S.C. § 1352 (as amended by the Lobbying Disclosure Act of 1995). Any person who falls to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The Contractor, r ,��A5 e. ' o` certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31, U.S.C. § 3801 et seq., apply to this certification and disclosure, if any. Signature of Contractor/Contractor's Authorized Official Name and Title of Contractor/Contractor's Authorized Official 0it092 FJ22O Date: Feb r,-1 ,-r' � Z(3Zl p. 70 1/14/2021 6:30 AM Solicitation 1254385 city of Miami 24 HR Emer enc Contact This contact information is only for emergency situations where the City of Miami needs to get in contact after regular working hours or while in a situation where the general contact information is not working properly. Contact No-1 11 ,, Name: ` iGt E ( 114 Email: Phone: -3 L)5 — ? 6 (- 3 ou Employee Title: -� C C Contact No-2 Name: 1�4, Email: kci, Phone: d-7 Employee Title: b t, ( p. 71 1l14)2021 6:30 AM city of Miami Solicitation 1254386 Question and Answers for Solicitation #1254396 - Provision of Bio-Hazardous Waste, Spills and Decontamination Services There are no questions associated with this solicitation. Question Deadline: Jan 25, 2021 2:00.00 PM EST p. 72 1114/2021 6:30 AM Soiicitation 1254386 City of Miami 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 (1) 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 1S- 107 or Ordinance No. 12271. All exceptions to this submission have been documented in the section below (refer to paragraph and section.)_ EXCEPTIONS: We (1) certify that any and all information contained in this submission is true; and we (I) further certify that this submission is made without prior understanding, agreement, or connection with any corporation., firm, or person submitting a submission for the same materials, supplies, equipment, or service, and is in all respects fair and without collusion or fraud. We (I) agree to abide by all terms and conditions of this solicitation and certify that I am authorized to sign this submission for the submitter. Please print the following and sign your name: PROPOSER NAME: A 2 I O Z ADDRESS: PHONE: r L _ Lj FAX: EL EMAIL:) SIGNED BY: TITLE: DATE: FAII.URE TO COMPLETE SIGN AND RCTURN THIS FORM SHALL DI5 UALIFY THIS RESPONSE. p. 9 1/1412021 6:36 AM City of Miami Salidtation 1254386 Certifications Legal Name of Firm: G►d K R �re aAS-0— Entity Type: Partnership, Sole Proprietorship, Corporation, etc. C 0 r P6 f-A l (S in Year Established: 200E Office Location: City of Miami, Miami -Dade County, or Other Federal Employer Identification Number (TEIN"): Business Tax Receipt/Occupational License Number: �_:CZ_;1519 Business Tax Receipt/Occupational License Issuing j Al � �; —.)e)j)e CjtiAN E -fie or-- F(orl Business Tax Receipt/Occupational License Expiration Date: Se r 41-16 e r To, o z j Wi�ll/Subcontractor(s) be used? (Yes or No) !v 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): Please list and acknowledge all addendum/addenda received. List the addendum/addenda number and date of receipt (i.e. Addendum No. 1, 1 n120). 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? 1/14/2021 6:30 AM P. 10 City of Miami Solicitation 1254386 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: S S , S 1 2[30 �l iU ` �� FL I3 J - Reference No. 1: Name of Contact Person, Telephone Number and Email for above reference no. 1 Reference No. 1: Date of Contract or Sale for above reference no. 1 CA(-C(, /.6 2 v 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: 4�2HI FL 33 1-7' Reference No. 2: Name of Contact Person, Telephone Number and Email for above reference no. 2 �('Y CIA r46140e 7. -6G 2- --4b-1- ckNIq1 ) P4G r;C- I!,-,,r 'Ot PM%no(-I`J<_ Reference No. 2: Date of Contract or Sale for above reference no, 2 �rnLA!r�r 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: D, 66') Kz� g A \/ ��6ro jpr / +� ,. FL- 3 -11-3-3 Reference No. 3: Name of Contact Person, Telephone Number and Email for above reference no. 3 Reference No. 3: Date of Contract or Sale for above reference no. 3 c)1,A"kf -01�, 1/14/2021 6:30 AM P. 11 City of Miami Solicitation 1254386 Reference No. 4: 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: IYIi /' r,`, —Oz� Ak- fo k cR Ue 4- Reference No. 4: Address, City, State, and Zip for above reference company/agency listed: Svj l�? �yt M��i,alFL 33[' Reference No. 4: Name of Contact Person, Telephone Number and Email for above reference no. 4. Reference No. 4: Date of Contrac100-7 Sale for above reference no. 4. %M I- ir-� Reference No. 5: Name of Company/Agency for which Bidder is currently providing the service/goods as described in this solicitation, or has provided such services/goods in the past: ht,,-,'r; - r ® �--- Reference No. 5: Address, City, State, and Zip for above reference company/agency listed: L4'GOO �/ �/ 3 L� S � IV 3"elf • l I" P6 33 14/ No. 5: Name of Contact Person, Telephone Number and Email for above reference no. 5. (4, M 0"�'O/ -7 e- 4M er I" e�e 0 Al Reference No_ 5: Date of Contract or Sale for above reference no. 5. 1114;2021 6:30 AM Q. 12 City of Miami Solicitation 1254386 IMPORTANT NOTICE TO BIDDERS: Invitation for Bid (1FB) 1254386 • FAILURE TO COMPLETE, SIGN AND UPLOAD THE CERTIFICATION STATEMENT, CERTIFICATIONS SECTION AND CERTIFICATION REGARDING LOBBYING WILL RENDER YOUR BID NON -RESPONSIVE. • FAILURE TO UPLOAD THE DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION/CERTIFICATION BIO-HAZARD WASTE, WILL RENDER YOUR BID NON -RESPONSIVE FOR GROUPS 1,2,3, AND 4. • CONTACT BIDSYNC VENDOR SUPPORT TOLL -FREE NUMBER 800-990-9339, OR EMAIL SUPPORTABIDSYNC.COM, FOR BIDSYNC TECHNICAL DIFFICULTIES AND PROBLEMS. • BIDDER MUST BID ON ALL LINES IN A GROUP OR THEY MAY BE DEEMED NON -RESPONSIVE FOR THAT GROUP. • BIDDER MUST COMPLETE AND UPLOAD 24HR EMERGENCY CONTACT FORM. 1114/2021 6:30 AM p. 13 City of Miami Solicitation 1254386 INSURANCE ADDENDUM INSURANCE DEFINITIONS, REQUIREMENTS AND CONDITIONS The VENDOR/CONTRACTOR / CONSULTANT (AS APPLICABLE) agrees to provide and maintain throughout the life of this contract and at Vendor/Contractor/ Consultant's expense insurance coverage outlined herewith as applicable insuring all operations related to the contract and any extensions thereof. Workers Compensation and Employers Liability Statutory requirements per Chapter 440, Florida Statutes, as amended, are applicable, and this coverage is subject to the Laws of the State of Florida. This coverage protects against lawsuits stemming from workplace accidents. It provides for medical care to injured employees, along with compensation for lost income. Commercial General Liability It protects against accidents and injuries that occur on company property or the property of a customer. It compensates an injured person or owner of property for injuries and property damages, and the cost of defending lawsuits, including legal settlements or investigations. This policy also covers claims resulting from products exposures, libel, slander, copyright infringement, and other personal and advertisement injuries. Commercial Automobile Liability It protects against liability, no fault, medical payments, uninsured and underinsured motorists claims, collision and other than collision physical damage. In addition, this policy affords coverage on autos that are hired or borrowed or non -owned for use in the business. The non -owned can be autos owned by employees or members of their households. Non -Owned Auto exposures can be endorsed or added under the Commercial General Liability Policy. Professional/Errors and Omissions Liability Used by many professionals such as engineers, lawyers, accountants, stock brokers, financial advisers, insurance agents, court reports, dentists, nurses and teachers. It protects against the financial effects of liability lawsuits filed by clients. It basically protects professionals who cause harm to a client due to incompetence, errors , or negligence. P. 65 1/14/2021 6:30 AM City of Miami Solicitation 1254386 Umbrella Liability It protects against liability and losses after primary insurance benefits have been exhausted. This supplemental coverage kicks in only after the underlined liability policies have paid their maximum benefits. Environmental Liability It protects against the financial costs of claims of injury or damage due to pollution, and other costs of cleaning up pollutants. These policies are designed to cover both property and liability risks. Directors and Officers Liability This coverage protects against claims from stockholders, employees and clients that are also aimed individually at directors and officers. These claims typically stem from errors in judgement, breaches of duty and wrongful acts in connection with company business. Cyber Liability It protects against costs of the theft, destruction or unauthorized use of electronic data through computer viruses or network intrusions. It also adds protection to a business against such costs if a business fails to safeguard another party's electronic data. Companies sharing data outside their internal network benefit from this coverage Commercial Property It protects against claims or damages to the insured's buildings, business personal property and personal property of others. It can also provide for loss of business income coverage or extra expenses incurred because of physical loss by a covered peril to the insured's property. Commercial Crime It protects against loss of money, securities and other property because of a variety of criminal acts such as employee theft or embezzlement, burglary, robbery, forgery, computer fraud, kidnapping and extortion. Crime insurance also covers money and securities against damage or destruction by almost any cause of loss, not just crime. 111412021 6:30 AM p• 67 Solicitation 1254386 city of Miami Builders Risk ion. Any It protects against damage to or destruction of buildings or , or respair proje during from this coverage. party party with a financial interest in a construction, remodeling, Surety Bonds Surety bonds are three party contracts. The principal, the party that undertakes the obligation, pays for the issuance of a bond by a surety company. The bond provides capital to guarantee the obligation will be performed. The obligee is the party that receives the benefit of the bond If the obligation is improperly performed. if payment and performance bonds are required such bonds must be substantially in the form prescribed by Florida Statutes 255.05, as amended, and will be subject to the approval of the City of Miami Director of the Department of Risk Management. Valuable Papers It pays for the cost to reconstruct damaged or destroyed valuable papers and records. Typically is defined to include almost all forms of printed documents or records with the exception of money or securities, and data and media which is usually excluded. Additional Requirements The Vendor/Contractor must furnish the City of Miami, Department of Procurement, and Risk Management located at 444 S.W. 2nd Avenue Miami, Florida 33130, original Certificates of insurance to be in force on the date of this Contract, and Renewal Certificates of insurance thereafter. All policies indicated on the certificate must be in compliance with all Contract requirements. The failure of the City to obtain the applicable or corresponding certificates from Contractor is not a waiver by the City of any requirements for the Vendor/Contractnr. The Vendor/Contractor must furnish Certificates insurance listing the City of Miami as an additional insured. All insurance certificates must be signed, dated and reference the City contract number. The insurance must provide for sixty (30) days prior written notice to be given to the City in the event coverage is substantially changed, canceled, or non -renewed. Any deductibles or self -insured retentions furthaerenced agrees insurance have inosurersgewa waivemust their borne rights of Vendor/ Contractor. The Vendor/Contra subrogation against the City of Miami, its employees, elected officials, agents, or representatives. The coverages and limits furnished by Vendor/Contractor in no way limit the Vendor/Contractor's liabilities and responsibilities specified within the Contract or law. Any insurance or self-insurance programs maintained by the City of Miami shall not contribute with insurance provided by the Vendor/Contractor under the Contract p. 68 1/1412021 6:30 AM City of Miami Solicitation 1254386 The required insurance to be carried is not limited by any limitations expressed in the indemnification language in this Contract or any limitation placed on the indemnity in this Contract given as a matter of law. If the Vendor/Contractor is a joint venture or limited liability company, the insurance policies must name the joint venture or Limited Liability Company and each of its separate constituent entities as named insureds. The Vendor/Contractor must require all subcontractors to provide the insurance required herein. All subcontractors are subject to the same insurance requirements of the Vendor/Contractor unless otherwise specified in this Contract. If the Vendor/Contractor or subcontractor desire additional coverages, the party desiring the additional coverages is responsible for the acquisition and cost. Notwithstanding any provision in the Contract to the contrary, the City of Miami Risk Management Department maintains and reserves the right to modify, delete, alter or change these requirements. Note: The duty to carry and maintain insurance during the life of the contract will survive the cancellation or expiration, as applicable, under the Contract. 1/14/2021 6:30 AM p. 69 solicitation 1254386 city of Miami CERTIFICATION REGARDING LOBBYING The undersigned certifies, to the best of his/her knowledge, that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, arenewal, ive amendment, or modification of any Federal contract, grant, agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officers or employee of Congress, or an employee or a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form, LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that it subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31, U.S.C. § 1352 (as amended by the Lobbying Disclosure Act of 1995). Any person who falls to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The Contractor, r ,��A5 e. ' o` certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31, U.S.C. § 3801 et seq., apply to this certification and disclosure, if any. Signature of Contractor/Contractor's Authorized Official Name and Title of Contractor/Contractor's Authorized Official 0it092 FJ22O Date: Feb r,-1 ,-r' � Z(3Zl p. 70 1/14/2021 6:30 AM Solicitation 1254385 city of Miami 24 HR Emer enc Contact This contact information is only for emergency situations where the City of Miami needs to get in contact after regular working hours or while in a situation where the general contact information is not working properly. Contact No-1 11 ,, Name: ` iGt E ( 114 Email: Phone: -3 L)5 — ? 6 (- 3 ou Employee Title: -� C C Contact No-2 Name: 1�4, Email: kci, Phone: d-7 Employee Title: b t, ( p. 71 1l14)2021 6:30 AM city of Miami Solicitation 1254386 Question and Answers for Solicitation #1254396 - Provision of Bio-Hazardous Waste, Spills and Decontamination Services There are no questions associated with this solicitation. Question Deadline: Jan 25, 2021 2:00.00 PM EST p. 72 1114/2021 6:30 AM Soiicitation 1254386 City of Miami 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 (1) 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 1S- 107 or Ordinance No. 12271. All exceptions to this submission have been documented in the section below (refer to paragraph and section.)_ EXCEPTIONS: We (1) certify that any and all information contained in this submission is true; and we (I) further certify that this submission is made without prior understanding, agreement, or connection with any corporation., firm, or person submitting a submission for the same materials, supplies, equipment, or service, and is in all respects fair and without collusion or fraud. We (I) agree to abide by all terms and conditions of this solicitation and certify that I am authorized to sign this submission for the submitter. Please print the following and sign your name: PROPOSER NAME: A 2 I O Z ADDRESS: PHONE: r L _ Lj FAX: EL EMAIL:) SIGNED BY: TITLE: DATE: FAII.URE TO COMPLETE SIGN AND RCTURN THIS FORM SHALL DI5 UALIFY THIS RESPONSE. p. 9 1/1412021 6:36 AM City of Miami Salidtation 1254386 Certifications Legal Name of Firm: G►d K R �re aAS-0— Entity Type: Partnership, Sole Proprietorship, Corporation, etc. C 0 r P6 f-A l (S in Year Established: 200E Office Location: City of Miami, Miami -Dade County, or Other Federal Employer Identification Number (TEIN"): Business Tax Receipt/Occupational License Number: �_:CZ_;1519 Business Tax Receipt/Occupational License Issuing j Al � �; —.)e)j)e CjtiAN E -fie or-- F(orl Business Tax Receipt/Occupational License Expiration Date: Se r 41-16 e r To, o z j Wi�ll/Subcontractor(s) be used? (Yes or No) !v 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): Please list and acknowledge all addendum/addenda received. List the addendum/addenda number and date of receipt (i.e. Addendum No. 1, 1 n120). 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? 1/14/2021 6:30 AM P. 10 City of Miami Solicitation 1254386 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: S S , S 1 2[30 �l iU ` �� FL I3 J - Reference No. 1: Name of Contact Person, Telephone Number and Email for above reference no. 1 Reference No. 1: Date of Contract or Sale for above reference no. 1 CA(-C(, /.6 2 v 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: 4�2HI FL 33 1-7' Reference No. 2: Name of Contact Person, Telephone Number and Email for above reference no. 2 �('Y CIA r46140e 7. -6G 2- --4b-1- ckNIq1 ) P4G r;C- I!,-,,r 'Ot PM%no(-I`J<_ Reference No. 2: Date of Contract or Sale for above reference no, 2 �rnLA!r�r 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: D, 66') Kz� g A \/ ��6ro jpr / +� ,. FL- 3 -11-3-3 Reference No. 3: Name of Contact Person, Telephone Number and Email for above reference no. 3 Reference No. 3: Date of Contract or Sale for above reference no. 3 c)1,A"kf -01�, 1/14/2021 6:30 AM P. 11 City of Miami Solicitation 1254386 Reference No. 4: 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: IYIi /' r,`, —Oz� Ak- fo k cR Ue 4- Reference No. 4: Address, City, State, and Zip for above reference company/agency listed: Svj l�? �yt M��i,alFL 33[' Reference No. 4: Name of Contact Person, Telephone Number and Email for above reference no. 4. Reference No. 4: Date of Contrac100-7 Sale for above reference no. 4. %M I- ir-� Reference No. 5: Name of Company/Agency for which Bidder is currently providing the service/goods as described in this solicitation, or has provided such services/goods in the past: ht,,-,'r; - r ® �--- Reference No. 5: Address, City, State, and Zip for above reference company/agency listed: L4'GOO �/ �/ 3 L� S � IV 3"elf • l I" P6 33 14/ No. 5: Name of Contact Person, Telephone Number and Email for above reference no. 5. (4, M 0"�'O/ -7 e- 4M er I" e�e 0 Al Reference No_ 5: Date of Contract or Sale for above reference no. 5. 1114;2021 6:30 AM Q. 12 City of Miami Solicitation 1254386 IMPORTANT NOTICE TO BIDDERS: Invitation for Bid (1FB) 1254386 • FAILURE TO COMPLETE, SIGN AND UPLOAD THE CERTIFICATION STATEMENT, CERTIFICATIONS SECTION AND CERTIFICATION REGARDING LOBBYING WILL RENDER YOUR BID NON -RESPONSIVE. • FAILURE TO UPLOAD THE DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION/CERTIFICATION BIO-HAZARD WASTE, WILL RENDER YOUR BID NON -RESPONSIVE FOR GROUPS 1,2,3, AND 4. • CONTACT BIDSYNC VENDOR SUPPORT TOLL -FREE NUMBER 800-990-9339, OR EMAIL SUPPORTABIDSYNC.COM, FOR BIDSYNC TECHNICAL DIFFICULTIES AND PROBLEMS. • BIDDER MUST BID ON ALL LINES IN A GROUP OR THEY MAY BE DEEMED NON -RESPONSIVE FOR THAT GROUP. • BIDDER MUST COMPLETE AND UPLOAD 24HR EMERGENCY CONTACT FORM. 1114/2021 6:30 AM p. 13 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 (1) 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 (1) agree to abide by all terms and conditions of this solicitation and certify that I am authorized to sign this submission for the submitter. Please print the following and sign your name: PROPOSER NAME: .] a rAp s at t -e-'P{hr, ADDRESS: 1 Ll&2q SW 10Ll"" J7- jUliE 2 53 MJAMt FL 33! X t, PHONE: `i Ala 3(p(p 11 q 9 FAX: EMAIL: MQ ) C-IfQn e?. t0rr{ CELL(Optional): SIGNED BY: //�ftsc F-- , f -a...- TITLE: 6 w ATE: 1 12 (b IZ) FAILURE TO COMPLETE, SIGN, AND RETURN THIS FORM SHALL DISQUALIFY THIS RESPONSE. Certifications Legal Name of Firm: R P dorL CDltQ 16A 7L C_LEANuT Entity Type: Partnership, Sole Proprietorship, Corporation, etc. COYDD tG, t1 D �C1 Year Established: "I Cp Office Location: City of Miami, Miami -Dade County, or Other M Arta 17 c411! LD v AV-1 Federal Employer Identification Number ("FEIN"): Ll - - . 'I Business Tax Receipt/Occupational License Number: -7Z7gIDI Business Tax Receipt/Occupational License Issuing Agency: M) a nn ► d ac�le [' p v tlty t 4 it D f Business Tax Receipt/Occupational License Expiration Date: g13D U Will Subcontractor(s) be used? (Yes or No) IV D 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): IV / fk- Please list and acknowledge all addendum/addenda received. List the addendum/addenda number and date of receipt (i.e. Addendum No. 1, 1/7/20). If no addendum/addenda was/were issued, please insert N/A. NIP, 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? 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: _ ��iCX.jp'n �iK1DY\ 1}"6� t`�..1 � MDI.D Y-GM cL►q,i'L.Or1 Reference No. 1: Address, City, State, and Zip for above reference company/agency listed: i b 11 UN 12 r' P V e ► iOXQ1 T-1 56t a Lv Reference No. 1: Name of Contact Person, Telephone Number and Email for above reference no. 1 1~ 35C r ► IO-e-( . 5 M zt1(+A Qe 1 * '1 Oy 4174 0 4 21 h c,r ► be r t� mA[�-1Y1G�t� J ti S Reference No. 1: Date of Contract or Sale for above reference no. 1 rnIGr,I to Ito12z 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: CkM 22t Qkkeac � --a rrll i to u L.D r-c nned�� tzol� Reference No. 2: Address, City, State, and Zip for above reference company/agency listed: SS'6b 5 VQ S9 *V M►am, 1 11�t�, Reference No. 2: Name of Contact Person, Telephone Number and Email for above reference no. 2 Tc1"c Mori \\' 3oS8o2 4�murn�taLla �am.n+cx •hon-41 re rtn l Reference No. 2: Date of Contract or Sale for above reference no. 2 lAQA4- anaC7 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: R- i L ISC tg two nk-q-t ce C c a 14 K o t-D v- c"A," aN Reference No. 3: Address, City, State, and Zip for above reference company/agency listed: M 19-M ► T-L 3 312 Reference No. 3: Name of Contact Person, Telephone Number and Email for above reference no. 3 F'y�Fyn -r cr i o1 ' `I9(0 37 49T5' c.Yrt �rl-�hrQt�r►D 1c�w�crm.la.rr Reference No. 3: Date of Contract or Sale for above reference no. 3 ,D+ 20 Zb Reference No. 4: 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: Aut.1 Lnk(Ax l 4k { Pnv%D vP on+�rn��nahar� Reference No. 4: Address, City, State, and Zip for above reference company/agency listed: it3TID Sw Wb Pi-- MlcttAL '-L 331`jjg Reference No. 4: Name of Contact Person, Telephone Number and Email for above reference no. 4. F-g Vec- 1 an ex id ft a l $ 0 S Sy to R e y to -tnw n-i(95+4 rJ91oba I pet F- b f of Reference No. 4: Date of Contract or Sale for above reference no. 4. Reference No. 5: Name of Company/Agency for which Bidder is currently providing the service/goods as described in this solicitation, or has provided such services/goods in the past: )f c I Lo I Ve t 14 ? M E) LD lw ajt4 6eVY$ft14tIp n Reference No. 5: Address, City, State, and Zip for above reference company/agency listed: I (o S' W H-I FL * y2R E-Ia leu h 'FL ;3a12 Reference No. 5: Name of Contact Person, Telephone Number and Email for above .reference no. 5. 3v5 qO IGI1)9 -.XClwiveta eto%rn.%coven Reference No. 5: Date of Contract or Sale for above reference no. 5. sev+ 20Ia c� op a.......,E 9��C0 F4�4`O CITY OF MIAMI LOCAL OFFICE CERTIFICATION (City Code, Chapter 18, Article III, Section 18-73) Solicitation Type and Number: _TIF p, 1 Z S* Lf 3 8 (,e (i.e. IFQ/IFB/RFP/RFQ/RFLI No. 123456) Solicitation Title: TF M T 0( +kx f {DytS tors Of Bt o-N-c� rdat�J hlQ t� OJ U?I kb (f,nd de(onttMjnrhc)n J�rv'( (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 7/22/2013 PLEASE PROVIDE THE FOLLOWING INFORMATION: Bidder/Proposer Local Office Address: L7651 J W M c t- ► i kmi fiL A6 g(o 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 YES ❑ NO N/A enclosed a copy of the lease? City of Miami: ❑ YES ❑ NO ❑ Exempt Cite Exemption: Has Bidder/Proposer enclosed a copy of the Business Tax Receipt (BTR) issued by the _YES City of Miami and Miami -Dade County? Miami -Dade County: _E_NOExempt Cite Exemption: Has Bidder/Proposer enclosed a copy of the license, certificate of competency and certificate of use that authorizes the YES ❑ NO performance of Bidder/Proposer's business 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. -3ame Print Name (Bidder/Proposer Authorized Representative) �tlt__ — A� L Signaze 2 FORM -City of Miami Local Office Certification 7/22/2013 II S0j21 Date STATE OF FLORIDA COUNTY OF J-D(t A e Certified to and subscribed before me this _ day of re brya r V , 20 ,2/ , by QJl,C6v - (Signature of Notary Public -State f Florida) (NOTARY SEAL) Personally Known Type of Identification Produced Mar is E, Aros4evv, (Name of Notary Typed Printed or Stamped) OR Produced Identification V L V L_ r i ve r JWce,56 . PL y Notary Public State of Flontla Maria E ArosteguiMy Commission GG 189263 Expires02/22/2022 FORM -City of Miami Local Office Certification 7/22/2013 CERTIFICATION REGARDING LOBBYING The undersigned certifies, to the best of his/her knowledge, that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officers or employee of Congress, or an employee or a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form, LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that II subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31, U.S.C. § 1352 (as amended by the Lobbying Disclosure Act of 1995). Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The Contractor, 'FL- dh-!ka , , certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31, U.S.C. § 3801 et seq., apply to this certification and disclosure, if any. Signature of Contractor/Contractor's Authorized Official tic, 1 �-+-- Name and Title of Contractor/Contractor's Authorized Official J e4rnej %Ceptna o wn-cr Date: 1__IaC> 12 1 24 HR Emergency Contact This contact information is only for emergency situations where the City of Miami needs to get in contact after regular working hours or while in a situation where the general contact information is not working properly. Contact No.1 Name: 3anntS Rk&t- chA Email: t,nnf,S �� s GW-ar)ail . C 0 rY,. Phone: 1$(c b l ico Employee Title: 0 W YW-If Contact No.2 Name: la rnea -Ak(Ct(& Email: IM1my 0— �-1GIZq,N"?- corn Phone: 105 " 18 $ ty(015 Employee Title: & rrou nt G, 1 rcC to r :avZ? Local Business Tax Receipt Miami —Dade County, Slate of Florida uNC� Alin. -DO► DTFI&Y 7i891 De_ ..- 8WINESS"MMUCAPaR AEGET M. EXPIRES Pl CLEANUP C � /� ��y RENEWAL SEP7EMBER 3Q, 2I�21 OPERiTIN' V IN DADG LMIN 1 s I T J � i idsS I]C C)I+GIaYCCi E PIS.i^ , dtlAlRs7etN P,�rsuartr ra Cfxcniy Code II clwf r a,A - Art. 9 & 10 IM MER M. TYK Or aww-w= DMES ZCE-cp e M.00 0912812020 Gnplvt<<} s cREDrCARQ--20--os2-3574 ihirs fowl 3us1r*5% Tax 8taeipt cair �lnFrms pDyilea of tb! LOW QRai"m Tat. T� hcerc is am a lia aw "—ofacet1l�'Yria�ofdoioldei'M4asltfloaKaas.mde(oiasl� Nvlderomacaigywhhwggw"meatal if Ol PmrrsaamM regalatm T laws aid rah emiyto the bvmn-, T=e RECEIPT NG. abrma aunt E.r diwirved on sit c3amererl n6i0v* -Wnai-bade Cu& So S:- 0 cif aqf! adermacxn. +iz2 wRM T1IIIiiitbtl4 � W ^Mxseil4�roT RENTAL AGREEMENT THIS AGREEMENT is made this i 1 13 �.2 (� (Date) between Gt l% Pc1 i(1Gt , of 51 JI UN 1- nli 1G1�V1 i 'TL 33 [ q �2 (Address), hereinafter called Owner, and 1 yr-es i Cf V@ nq , hereinafter called Renter. PROPERTY DESCRIPTION 0Q 2fdr off) Wiiy In �roV?rbd The Owner warrants that to the best of his/her knowledge and belief the aforesaid property is free of faults or deficiencies which would affect its safe and dependable operation under normal and prudent usage. RENTAL PERIOD The Owner agrees to rent the above -described property to the Renter for a period of 11 Y1� t I-e4, e (Time Period), beginning 170- G 112016 (Date). USE OF PROPERTY n�F Ile SO ce The Renter further agrees that the rented property shall [1] not be used beyond any rated capacity; [2] shall not be used for any illegal purpose; [3] shall not be used in any manner for which it was not designed, built, or designated by the manufacturer, [4] will not be used in a negligent manner; [5] will not be operated by any other person without the written permission of the Owner; and [6] will not be removed from the designated area of use or operation. RENTAL RATE The Renter hereby agrees to pay the Owner at the rate of $ (pD ''y per —MUffillij(Daily/Weekly/Monthly) for the use of said property and any accessories/equipment. DEPOSIT The Renter further agrees to make a deposit of $ (05L). fo (Amount) with the Owner. Said deposit to be used, in the event of loss of or damage to the rented property and any accessories/equipment during the term of this Agreement, to defray fully or partially the cost of necessary repairs or replacement. In the absence of any damage or loss, said deposit shall be credited toward payment of the rental fee and any excess shall be returned to the Renter. TERMINATION OF AGREEMENT It is mutually agreed that the Renter shall have the right to terminate this Agreement at any time by payment of one full days rental for each 24-hour period or any part thereof, during which the Renter has retained possession of the property and any accessories/ equipment during the term of this Agreement. IN WITNESS WHEREOF, the parties hereto hereby execute this Agreement. ?e'nte�r's Signature Owner's Signature l 1X Date 1�123 /20 r- Date A " CERTIFICATE OF LIABILITY INSURANCE DATE(MWDDNYYY) 01/30/2021 -J THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME; Kary Fuenmayor Estrella Insurance #275 4651 S. Universi Dr Ty PNONE (954) 744-1875 Fax arc No : (954) 743-4511 EMAIL ADDREss: Kary.Fuenmayor@estrellainsurance.com INSURERS AFFORDING COVERAGE NAIC # Davie FL 33328 INSURER A: APPALACHIAN UNDERWRITERS, INC. INSURED INSURER B : JRP $ SONS CORPORATION dba FL Cleanup INSURER C: 14629 SW 104th ST INSURER D : #253 INSURER E : Miami FL 33186 INSURER F: t,uvEFAGES CI-RTIFICATF Kit IMRFR• oolmm^u THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL Iwqn SUBR wun POLICY NUMBER POLICY EFF MMIDD POLICY EXP MMIDD LIMITS COMMERCIAL GENERAL LIABILITY CLAIMS -MADE OCCUR EACH OCCURRENCE $ DAMAGETO REN TED PREMISES Ea occurrence $ MED EXP (Any one person) $ PERSONAL& ADV INJURY $ AGGREGATE LIMIT APPLIES PER: POLICY ❑ PET LOG GENERAL AGGREGATE $ GEN'L PRODUCTS -COMP/OP AGG $ $ OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMB Ea acc dem $ ANY AUTO BODILY INJURY (Per person) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ HIRED NON -OWNED AUTOS ONLY AUTOS ONLY PROPERTY DAMAGE Per accident $ UMBRELLA LIAR HCLAIMS-MADE OCCUR EACH OCCURRENCE $ EXCESS LIAR AGGREGATE $ DED I I RETENTION $ $ 1 A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? ❑N (Mandatory In NH) If Y.S. describe under NIA A9WC2984i)9 D1/26/2D21 01/26/2022 PER OTH- STATUTE E E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYE $ 1,000,000 E.L. DISEASE - POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached N more space is required) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Kary Fuenmayor V 19S5-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD 111_ v CERTIFICATE OF LIABILITY INSURANCE DATE (MM DDR VYY) � 1?/nano?n THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. j If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTA NAME:CT RENE GUTIERREZ t CARLOS LUIS AGENCY PAX PHONELAIC. NoP 91, 6001 SW 4D SAT E-MAIL D REss� MIAMI, FL 33155 INSURER(S) AFFORDING COVERAGE NAIL# INSURER A: State Farm Mutual Automobile Insurance Company 25178 INSURED INSVRER a : ___ _ JRP 8 SONS CORP DBA FL CLEAN UP INSURER C: 9651 SW 164TH CT MIAMI, FL 33196 INSURER D INSURER E: INSURER F: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR SUER LTR TYPEOFINSURANCE �ADDL �INSD, POLICY NUMBER POLICY EFF MM/DDM'W POLICY EXP hiOLICY EYY LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE S CLAIMS-M.ADE OCCUR DAMAGE TO E PREMISES Ea occurren„-e' S MED EXP (Arty one pe=o) 5 PERSONAL B ADV INJURY S AGGREGATE LIMITAPPL ES PER. GENERAL AGGREGATE S GEN'L POLICY JET LOC I PRODUCTS - COMPIOP AGG S S OTHER AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea ac lU n' S ANY AUTO OWNED C543844-C19-59B 09/192020 03/192021 BODILY INJURY (Per person) 5 1,D00,00D SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) S 1,000,000 HIRED NON -OWNED AUTOS ONLY AUTOSONLY PROPERTY DAMAGE Per accrderf S 1,000,000 5 UMBRELLA UAR OCCUR EACH OCCURRENCE S EXCESS UAB CLAIMS -MADE AGGREGATE 5 DED RETENTION S 5 WORKERS COMPENSATION _ 'E)R AND' EMPLOYERS'UABILITY STATUTE I YIN ANY PROPRIETORIPARTNER/EXECUTIVE EL. EACH ACCIDENT 5 OFFICEAIMEADER EXCLUDED? ❑ (Mandatory in NH) It yes, describe under N IA E.L. DISEASE - EA EMPLOYEE 5 E.L DISEASE - POLICY LIMIT S DESCRIPTION OF OPERATIONSbslow I DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACDRD 101. A130113 al Remarks Schedule, may be aU-h.d It more space is roquUed) 16 FORD TRANS 250 VIN: 1 FTYR 1ZM2GKA47260 COMP 1500 Deductible Collision 1600 Doductiblo �,cm InX.x I m HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED RE ENTATIV / vi9 83-2015 RRTION. All ACDRD 25 (2016/03) The ACORD name and logo are registered marks of ACDRD twl�ss Iazaaa.0 oa-a-zo.v ACOR" CERTIFICATE OF LIABILITY INSURANCE Ill DATE(MM/DDIYYYY) 12/07/2020 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Ana Sentmanat NAME: NEA Insurance Group, LLC PHONE (305)221-2400 FAX (305)221-2411 C No E# : E-MAIL ana@jmprivate.com ADDRESS: 8700 W. Flagler St., Suite 401 Miami FL 33174 INSURERS) AFFORDING COVERAGE NAIC # INSURERA: StarStone Specialty Insurance Company 44776 INSURED INSURER B : FL Cleanup INSURER C : 14629 SW 104th Street INSURER D: Suite 253 INSURER E Miami FL 33186 INSURER F: GUVERAGES CERTIFICATE NUMBER- CL209803635 Of: IQInKI til IMRGD- THIS IS TO CERTIFY THATTHE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL15UBRIPOLICV INSD WVD POLICY NUMBER EFF MM/DD POLICY EXP MMIDDIYYYY LIMITS COMMERCIAL GENERAL LIABILITY CLAIMS-MADE � OCCUR EACH OCCURRENCE $ 1,000,000 rff- PREMISES Ea occurrence $ 50,000 MED EXP (Any one person) $ 5,000 PERSONAL & ADV INJURY $ 1,000,000 A Y N87984201AEM 08/30/2020 08/30/2021 AGGREGATE LIMIT APPLIES PER POLICY ❑ PET ❑ LOC GENERAL AGGREGATE $ 2,000,000 GEN'L PRODUCTS - COMP/OPAGG $ 2,000,000 Errors & Omissions $ 2,000,000 OTHER I AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident $ ANY AUTO BODILY INJURY (Per person) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ HIRED NONOWNEDPROPERTY AUTOS ONLY AUTOS ONLY DAMAGE Per accident $ $ UMBRELLA LAB HCLAdMS-MADE OCCUR EACH OCCURRENCE $ EXCESS LAB AGGREGATE $ DED RETENTION S $ WORKERS COMPENSATION pER OTH- AND EMPLOYERS' LIABILITY YIN STATUTE ER EL EACHACCIDENT S ANY PROPRIETOR/PARTNER/EXECUTIVE ❑ OFFICER/MEMSER EXCLUDED? NIA E.L. DISEASE - EA EMPLOYEE S (Mandatory In NH) If yes, describe under E.L. DISEASE - POLICY LIMIT S DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Jackson Health System/Public Health Trust as additional insured with respect to General Liability. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Jackson Health System/Public Health Trust ACCORDANCE WITH THE POLICY PROVISIONS. 1611 NW 12th Ave AUTHORIZED REPRESENTATIVE Miami FL 33136 OA�� U 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD 11CRC Institute of Inspection Cleaning and Restoration Certification Certified Firm be it known that: JRP & SONS CORPORATION DBA Fl CLEANUP is registered with the IICRC and has pledged to maintain an awareness of and operations; will seek and promote educational training for technicians to knowledge about the IICRC's published standards relevant to the Certified Firm'se enhanc proficiency; provide service that results in elevated levels of customer satisfaction; prompt; conduct business with honesty, integrity and fairness; build consumer confidence in the industry; and, promote good relations with affiliate industries. Kevin Pearson 65342388 Chairman of the Board of Directors Company # 12/31/2021 Valid Through TIR407j"0 11CRC Institute of Inspection Cleaning and Restoration Certification JAMES RICE-PENA is a registrant in good standing with the IICRC, and has qualified by service and examination for certification in the following areas: APPLIED MICROBIAL REMEDIATION APPLIED STRUCTURAL DRYING FIRE & SMOKE RESTORATION ODOR CONTROL WATER DAMAGE RESTORATION this registrant has pledged to perform services in these areas with skill, honesty and integrity to provide the consumer with the highest standard of care and expertise. 193201 5/31/2021 EGISTER NUMBER EXPIRATION DATE 20210207_130966.jpg 2/8/21, 11:31 AM 11CRC Be.,lt known th - x t AN is Corti -fie theif, area. WAT"' 4 DAMAGE APPLIED MICRO131AL R 7." A TION TRAUMA AND IM.,-. --NE 255637 : /2020 https://maiI.googIe.com/mai1/u/2/ Page 1 of 1 City of Miami Solicitation 1254386 Solicitation 1254386 Provision of Bio-Hazardous Waste, Spills and Decontamination Services Solicitation Designation: Public City of Miami 1 /14/2021 6:30 AM P. 1 City of Miami Solicitation 1254386 Solicitation 1254386 Provision of Bio-Hazardous Waste, Spills and Decontamination Services Solicitation Number 1254386 Solicitation Title Provision of Bio-Hazardous Waste, Spills and Decontamination Services Solicitation Start Date Jan 14, 2021 8:27:57 AM EST Solicitation End Date Feb 8, 2021 2:00:00 PM EST Question & Answer End Jan 25, 2021 2:00:00 PM EST Date Solicitation Contact Victoria Giraldo 305-416-1916 victoriagiraldo@miamigov.com Contract Duration See Specifications Contract Renewal See Specifications Prices Good for See Specifications Pre -Solicitation Conference Jan 20, 2021 10:00:00 AM EST Solicitation Comments Item Lot Description Attendance is optional Location: Via Microsoft Teams Meeting (786)530-7005 United States, Miami (Toll) ConferencelD:699800258# Please see the Bid Document for the meeting link. Refer to Section 2.2. PRE-BID/PRE-PROPOSAL CONFERENCE. IMPORTANT NOTICE TO BIDDERS: * FAILURE TO COMPLETE, SIGN AND UPLOAD THE CERTIFICATION STATEMENT, CERTIFICATIONS SECTION AND CERTIFICATION REGARDING LOBBYING WILL RENDER YOUR BID NON -RESPONSIVE. * FAILURE TO UPLOAD THE DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION/CERTIFICATION BIO-HAZARD WASTE, WILL RENDER YOUR BID NON -RESPONSIVE FOR GROUPS 1,2,3, AND 4. * CONTACT BIDSYNC VENDOR SUPPORT TOLL -FREE NUMBER 800-990-9339, OR EMAIL SUPPORT@BIDSYNC.COM , FOR BIDSYNC TECHNICAL DIFFICULTIES AND PROBLEMS. * BIDDER MUST BID ON ALL LINES IN A GROUP OR THEY MAY BE DEEMED NON -RESPONSIVE FOR THAT GROUP. * BIDDER MUST COMPLETE AND UPLOAD 24HR EMERGENCY CONTACT FORM. Item Response Form 1254386-01-01 - Group 1: Federally Funded: Flat Rate (all inclusive) for incidents considered "normal' Decontamination and Bio-Hazardous and/or Hazmat Clean-up Services - Flat Rate (all inclusive) for incidents considered "normal' and will be capped at one (1) hour maximum billing (also choose one of 1 /14/2021 6:30 AM p. 2 City of Miami Solicitation 1254386 the included attributes below) Refer to Specifications Section 3.4, Groups, for descriptions. Quantity 1 hour Unit Price Delivery Location City of Miami No Location Specified Qty 1 Description Federally Funded: Decontamination and Bio-Hazardous and/or Hazmat Clean-up Services - Flat Rate (all inclusive) for incidents considered "normal' and will be capped at one (1) hour maximum billing. Refer to Specifications Section 3.4, Groups, for descriptions. Item 1254386-01-02 - Group 1: N-FF: Flat Rate (all inclusive) for incidents considered "normal' Decontamination and Bio-Hazardous and/or Hazmat Clean-up Services - Flat Rate (all inclusive) for Lot Description incidents considered "normal' and will be capped at one (1) hour maximum billing (also choose one of the included attributes below) Refer to Specifications Section 3.4, Groups, for descriptions. Quantity 1 hour Unit Price Delivery Location City of Miami No Location Specified Qty 1 Description Non- Federally Funded: Decontamination and Bio-Hazardous and/or Hazmat Clean-up Services - Flat Rate (all inclusive) for incidents considered "normal' and will be capped at one (1) hour maximum billing. Refer to Specifications Section 3.4, Groups, for descriptions. Item 1254386-02-01 - Group 2: Federally Funded: Flat Rate for incidents capped at two (2) hour maximum billing Decontamination and Bio-Hazardous and/or Hazmat Cleanup Services - Flat Rate (all inclusive) for Lot Description incidents capped at two (2) hour maximum billing (also choose one of the included attributes below) Refer to Specifications Section 3.4, Groups, for descriptions. Quantity 1 each Unit Price F_ Delivery Location City of Miami No Location Specified Qty 1 Description Federally Funded: Decontamination and Bio-Hazardous and/or Hazmat Cleanup Services - Flat Rate (all inclusive) for incidents capped at two (2) hour maximum billing. Refer to Specifications Section 3.4, Groups, for descriptions. Item 1254386-02-02- Group 2: N-FF: Flat Rate for incidents capped at two (2) hour maximum billing Decontamination and Bio-Hazardous and/or Hazmat Cleanup Services - Flat Rate (all inclusive) for Lot Description incidents capped at two (2) hour maximum billing (also choose one of the included attributes below) Refer to Specifications Section 3.4, Groups, for descriptions. Quantity 1 each Unit Price 1 /14/2021 6:30 AM p. 3 City of Miami Solicitation 1254386 Delivery Location City of Miami No Location Specified Qty 1 Description Non -Federally Funded: Decontamination and Bio-Hazardous and/or Hazmat Cleanup Services - Flat Rate (all inclusive) for incidents capped at two (2) hour maximum billing. Refer to Specifications Section 3.4, Groups, for descriptions. Item 1254386-03-01 - Group 3: Federally Funded:Any scene involving more time beyond the two (2) hour flat rate - Decontamination and Bio-Hazardous and/or Hazmat Clean-up Services. Any scene involving more time Lot Description beyond the two (2) hour flat rate, disposal and/or bio-hazard technicians - Rate per hour per technician (also choose one of the included attributes below) Refer to Specifications Section 3.4, Groups, for descriptions. Quantity 1 hour Unit Price Delivery Location City of Miami No Location Specified Qty 1 Description Federally Funded: Decontamination and Bio-Hazardous and/or Hazmat Clean-up Services. Any scene involving more time beyond the two (2) hour flat rate, disposal and/or bio-hazard technicians - Rate per hour per technician. Refer to Specifications Section 3.4, Groups, for descriptions. Item 1254386-03-02 - Group 3: N-FF: Any scene involving more time beyond the two (2) hour flat rate - Decontamination and Bio-Hazardous and/or Hazmat Clean-up Services. Any scene involving more time Lot Description beyond the two (2) hour flat rate, disposal and/or bio-hazard technicians - Rate per hour per technician (also choose one of the included attributes below) Refer to Specifications Section 3.4, Groups, for descriptions. Quantity 1 hour Unit Price Delivery Location City of Miami No Location Specified Qty 1 Description Non- Federally Funded: Decontamination and Bio-Hazardous and/or Hazmat Clean-up Services. Any scene involving more time beyond the two (2) hour flat rate, disposal and/or bio-hazard technicians - Rate per hour per technician. Refer to Specifications Section 3.4, Groups, for descriptions. Item 1254386-03-03 - Group 3: Federally Funded: Rate for an additional liquid container, up to 35 Gallons - Decontamination and Bio-Hazardous and/or Hazmat Clean-up Services. Any scene involving more time Lot Description beyond the two (2) hour flat rate, disposal and/or bio-hazard technicians - Rate per hour per technician (also choose one of the included attributes below) Refer to Specifications Section 3.4, Groups, for descriptions. Quantity 1 container Unit Price Delivery Location City of Miami 1 /14/2021 6:30 AM p. 4 City of Miami Solicitation 1254386 No Location Specified Qty 1 Description Federally Funded: Rate for an additional liquid Bio-Hazard and/or Hazmat container, up to thirty-five (35) gallons, including legal disposal. Item 1254386-03-04- Group 3: N-FF: Rate for an additional liquid container, up to 35 Gallons - Decontamination and Bio-Hazardous and/or Hazmat Clean-up Services. Any scene involving more time Lot Description beyond the two (2) hour flat rate, disposal and/or bio-hazard technicians - Rate per hour per technician (also choose one of the included attributes below) Refer to Specifications Section 3.4, Groups, for descriptions. Quantity 1 container Unit Price Delivery Location City of Miami No Location Specified Qty 1 Description Non -Federally Funded: Rate for an additional liquid Bio-Hazard and/or Hazmat container, up to thirty-five (35) gallons, including legal disposal. Item 1254386-03-05 - Group 3: Federally Funded: Rate for an additional liquid container, up to 96 Gallons - Decontamination and Bio-Hazardous and/or Hazmat Clean-up Services. Any scene involving more time Lot Description beyond the two (2) hour flat rate, disposal and/or bio-hazard technicians - Rate per hour per technician (also choose one of the included attributes below) Refer to Specifications Section 3.4, Groups, for descriptions. Quantity 1 container Unit Price Delivery Location City of Miami No Location Specified Qty 1 Description Federally Funded: Rate for an additional liquid Bio-Hazard and/or Hazmat container, up to ninety-six (96) gallons, including legal disposal. Item 1254386-03-06- Group 3: N-FF: Rate for an additional liquid container, up to 96 Gallons - Decontamination and Bio-Hazardous and/or Hazmat Clean-up Services. Any scene involving more time Lot Description beyond the two (2) hour flat rate, disposal and/or bio-hazard technicians - Rate per hour per technician (also choose one of the included attributes below) Refer to Specifications Section 3.4, Groups, for descriptions. Quantity 1 container Unit Price Delivery Location City of Miami No Location Specified Qty 1 1 /14/2021 6:30 AM P. 5 City of Miami Solicitation 1254386 Description Non -Federally Funded: Rate for an additional liquid Bio-Hazard and/or Hazmat container, up to ninety-six (96) gallons, including legal disposal. Item 1254386-04-01- Group 4. Federally Funded: All-inclusive cost for Pressure Cleaning All-inclusive cost for Pressure Cleaning an existing inlet/manholes impacted by accident or illegal spills as Lot Description indicated by Project Manager or designee (i.e. motor car oil/transmission spills, household paint, anti- freeze, grease, cooking oil, etc.). Quantity 1 job Unit Price Delivery Location City of Miami No Location Specified Qty 1 Description Federally Funded: All-inclusive cost for Pressure Cleaning an existing inlet/manholes impacted by accident or illegal spills as indicated by Project Manager or designee (i.e. motor car oil/transmission spills, household paint, anti -freeze, grease, cooking oil, etc.). Item 1254386-04-02 - Group 4. N-FF: All-inclusive cost for Pressure Cleaning All-inclusive cost for Pressure Cleaning an existing inlet/manholes impacted by accident or illegal spills as Lot Description indicated by Project Manager or designee (i.e. motor car oil/transmission spills, household paint, anti- freeze, grease, cooking oil, etc.). Quantity 1 job Unit Price Delivery Location City of Miami No Location Specified Qty 1 Description Non Federally Funded: All-inclusive cost for Pressure Cleaning an existing inlet/manholes impacted by accident or illegal spills as indicated by Project Manager or designee (i.e. motor car oil/transmission spills, household paint, anti -freeze, grease, cooking oil, etc.). Item 1254386-05-01 - Group 5: Specialty Job for Decontamination, Disinfection, and/or Sanitation Services Specialty job for Decontamination, Disinfection, and/or Sanitation Services for buildings and/or vehicles Lot Description BIDDERS ARE NOT REQUIRED TO ENTER A UNIT PRICE IN THIS LINE. BIDDERS SHALL PROVIDE ALL DOCUMENTS REQUIRED TO BE ENTERED IN THE PRE -QUALIFIED LIST OF VENDORS. Quantity 1 each Prices are not requested for this item. Delivery Location City of Miami No Location Specified Qty 1 Description Specialty Job for Decontamination, Disinfection, and/or Sanitation Services for buildings and/or vehicles 1 /14/2021 6:30 AM p. 6 City of Miami Solicitation 1254386 BIDDERS ARE NOT REQUIRED TO ENTER A UNIT PRICE IN THIS LINE. BIDDERS SHALL PROVIDE ALL DOCUMENTS REQUIRED TO BE ENTERED IN THE PRE -QUALIFIED LIST OF VENDORS. 1 /14/2021 6:30 AM p. 7 City of Miami Solicitation 1254386 Certification Statement Please quote on this form, if applicable, net prices for the item(s) listed. Return signed original and retain a copy for your files. Prices should include all costs, including transportation to destination. The City reserves the right to accept or reject all or any part of this submission. Prices should be firm for a minimum of 180 days following the time set for closing of the submissions. In the event of errors in extension of totals, the unit prices shall govern in determining the quoted prices. We (I) certify that we have read your solicitation, completed the necessary documents, and propose to furnish and deliver, F.O.B. DESTINATION, the items or services specified herein. The undersigned hereby certifies that neither the contractual party nor any of its principal owners or personnel have been convicted of any of the violations, or debarred or suspended as set in section 18- 107 or Ordinance No. 12271. All exceptions to this submission have been documented in the section below (refer to paragraph and section). EXCEPTIONS: We (I) certify that any and all information contained in this submission is true; and we (I) further certify that this submission is made without prior understanding, agreement, or connection with any corporation, firm, or person submitting a submission for the same materials, supplies, equipment, or service, and is in all respects fair and without collusion or fraud. We (I) agree to abide by all terms and conditions of this solicitation and certify that I am authorized to sign this submission for the submitter. Please print the following and sign your name: PROPOSER NAME: MUMA SA LLC dba USA Building Restoration 2297 NE 164th St North Miami Beach FL 33160 ADDRESS: PHONE: (786) 323-6917 FAX: EMAIL. admin ,usabld.com SIGNED BY: Otto Hurtado TITLE: Sales Manager CELL(Optional): (786) 570-1903 DATE: 1-19-2021 FAILURE TO COMPLETE, SIGN, AND RETURN THIS FORM SHALL DISQUALIFY THIS RESPONSE. 1 /14/2021 6:30 AM P. 9 City of Miami Solicitation 1254386 Certifications Legal Name of Firm: MUMA SA LLC dba USA Building Restoration Entity Type: Partnership, Sole Proprietorship, Corporation, etc. Limited liability company Year Established: 2017 Office Location: City of Miami, Miami -Dade County, or Other Miami -Dade County Federal Employer Identification Number ("FEIN" ): 82-2141531 Business Tax Receipt/Occupational License Number: 7595584/V1RSR2029 Business Tax Receipt/Occupational License Issuing Agency: 796130/ Business Tax Receipt/Occupational License Expiration Date: 7595584/ July 312022 Will Subcontractor(s) be used? (Yes or No) 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): N/A Please list and acknowledge all addendum/addenda received. List the addendum/addenda number and date of receipt (i.e. Addendum No. 1, 1/7/20). If no addendum/addenda was/were issued, please insert N/A. 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? 1 /14/2021 6:30 AM P. 10 City of Miami Solicitation 1254386 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: City of North Miami Beach Reference No. 1: Address, City, State, and Zip for above reference company/agency listed: 17011 NE 19th Ave North Miami Beach FL 33162 Reference No. 1: Name of Contact Person, Telephone Number and Email for above reference no. 1 Andrew Bejel (786) 838-2047 andrew.bejel@citynmb.com Reference No. 1: Date of Contract or Sale for above reference no. 1 June 2020 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: Point East Council Reference No. 2: Address, City, State, and Zip for above reference company/agency listed: 2895 Point East Dr Aventura FL 33160 Reference No. 2: Name of Contact Person, Telephone Number and Email for above reference no. 2 Sally -Ann Findlay (786) 314-9662 pointeastfour@yahoo.com Reference No. 2: Date of Contract or Sale for above reference no. 2 November 2020 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: Passion Growers Reference No. 3: Address, City, State, and Zip for above reference company/agency listed: 7499 NW 31 st St Miami FL 33122 Reference No. 3: Name of Contact Person, Telephone Number and Email for above reference no. 3 William Salom (786) 258-6051 william@passiongrowers.com Reference No. 3: Date of Contract or Sale for above reference no. 3 On going 1 /14/2021 6:30 AM P. 11 City of Miami Solicitation 1254386 Reference No. 4: 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: Tnfinitc Herbs Reference No. 4: Address, City, State, and Zip for above reference company/agency listed: 7921 N W 21 st St Doral FL 33122 Reference No. 4: Name of Contact Person, Telephone Number and Email for above reference no. 4. Paula Valencia (786) 797-1922 paulav@infiniteherbs.com Reference No. 4: Date of Contract or Sale for above reference no. 4. On going Reference No. 5: Name of Company/Agency for which Bidder is currently providing the service/goods as described in this solicitation, or has provided such services/goods in the past: Navalimpianti Reference No. 5: Address, City, State, and Zip for above reference company/agency listed: 920 NW loth Ave Ft Lauderdale FL 33311 Reference No. 5: Name of Contact Person, Telephone Number and Email for above reference no. 5. Natalia Fostano (786) 281-5614 nfostano@navim.com Reference No. 5: Date of Contract or Sale for above reference no. 5. June 2020 1 /14/2021 6:30 AM p. 12 City of Miami Solicitation 1254386 IMPORTANT NOTICE TO BIDDERS: Invitation for Bid (IFB) 1254386 • FAILURE TO COMPLETE, SIGN AND UPLOAD THE CERTIFICATION STATEMENT, CERTIFICATIONS SECTION AND CERTIFICATION REGARDING LOBBYING WILL RENDER YOUR BID NON -RESPONSIVE. • FAILURE TO UPLOAD THE DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION/CERTIFICATION BIO-HAZARD WASTE, WILL RENDER YOUR BID NON -RESPONSIVE FOR GROUPS 1,2,3, AND 4. CONTACT BIDSYNC VENDOR SUPPORT TOLL -FREE NUMBER 800-990-9339, OR EMAIL SUPPORTkBIDSYNC.COM, FOR BIDSYNC TECHNICAL DIFFICULTIES AND PROBLEMS. • BIDDER MUST BID ON ALL LINES IN A GROUP OR THEY MAY BE DEEMED NON -RESPONSIVE FOR THAT GROUP. • BIDDER MUST COMPLETE AND UPLOAD 24HR EMERGENCY CONTACT FORM. 1 /14/2021 6:30 AM p. 13 City of Miami Solicitation 1254386 Table of Contents Invitation for Bid (IFB) 1254386 Terms and Conditions L General Conditions 1.1. 1. General Terms and Conditions for Invitation for Bids (IFB) 2. Special Conditions 2.1. PURPOSE 2.2. PRE-BID/PRE-PROPOSAL CONFERENCE 2.3. DEADLINE FOR RECEIPT OF REQUEST FOR ADDITIONAL INFORMATION/CLARIFICATION 2.4. METHOD OF AWARD 2.5. TERM OF CONTRACT 2.6. CONDITIONS FOR RENEWAL 2.7. NON -APPROPRIATION OF FUNDS 2.8. BIDDERS MINIMUM QUALIFICATIONS 2.9. CERTIFICATE REQUIREMENTS/COMPLIANCE WITH FEDERAL STANDARDS 2.10. LICENSES, PERMITS, AND FEES 2.11. REFERENCES 2.12. INSURANCE REQUIREMENTS 2.13. NOTICE REGARDING CURES 2.14. TIE BIDS 2.15. PROJECT MANAGER 2.16. SUPERVISION AND AUTHORITY 2.17. FIXED AND FIRM PRICING 2.18. EQUITABLE ADJUSTMENT 2.19. SUBCONTRACTORS OF WORK SHALL BE IDENTIFIED 2.20. FEDERALLY FUNDED PROJECTS (a) INTRODUCTION (b) LOCAL PREFERENCE (c) DAVIS-BACON ACT (d) COMPLIANCE WITH THE COPELAND "ANTI-KICKBACK"ACT (e) COMPLIANCE WITH THE CONTRACT WORK HOURS & SAFETY STANDARDS ACT (f) NOTIFICATION TO PERFORM WORK (g) BACKGROUND CHECKS (h) EQUAL EMPLOYMENT OPPORTUNITY (i) CLEAN AIR ACT 0) FEDERAL WATER POLLUTION CONTROL ACT (k) NO OBLIGATION BY FEDERAL GOVERNMENT (1) PROGRAM FRAUD & FALSE OR FRAUDULENT STATEMENTS OR RELATED ACTS (m) BYRD ANTI -LOBBYING AMENDMENT, 31 U.S.C. § 1352 (AS AMENDED) (n) PROCUREMENT OF RECOVERED MATERIALS (o)DHS, SEAL, LOGO, AND FLAGS (p) COMPLIANCE WITH FEDERAL LAW, REGULATIONS, AND EXECUTIVE ORDERS (q) ACCESS TO RECORDS (r) SUSPENSION AND DEBARMENT (IN ADDITION TO GENERAL TERMS AND CONDITIONS, SECTION 1.25) 2.21. NON -FEDERALLY FUNDED PROJECTS (a) INTRODUCTION (b) LOCAL PREFERENCE (b) LIVING WAGE ORDINANCE 1 /14/2021 6:30 AM p. 14 City of Miami Solicitation 1254386 Invitation for Bid (IFB) 1254386 2.22 RESPONSE TIME 2.23 SAFETY MEASURES 2.24 USE OF PREMISES 2.25 DAMAGES TO PUBLIC/PRIVATE PROPERTY 2.26 COMPLETED SERVICES 2.27 RECORD KEEPING 2.28 STRUCTURE OF GROUP 5- POOL OF VENDORS 2.29 GROUP 5- SPOT MARKET PRICING PROCEDURE 2.30 METHOD OF PAYMENT 2.31 PRIMARY CLIENT (FIRST PRIORITY) 2.32 FAILURE TO PERFORM 2.33 LIQUIDATED DAMAGES 2.34 ADDITIONS/DELETIONS OF FACILITIES/ITEMS/SERVICES/SUPPLIER(S) 2.35 TERMINATION 2.36 ADDITIONAL TERMS AND CONDITIONS 3. Specifications 3.1. SPECIFICATIONS/SCOPE OF WORK 1 /14/2021 6:30 AM P. 15 City of Miami Solicitation 1254386 Invitation for Bid (IFB) 1254386 Terms and Conditions 1. General Conditions I.I. 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. LLACCEPTANCE OF GOODS - Any good(s) delivered under this Formal Solicitation, if applicable, shall remain the property of the Bidder until a physical inspection and actual usage of the good is made, and thereafter is accepted as satisfactory to the City. It must comply with the terms herein and be fully in accordance with specifications and of the highest quality. In the event the goods supplied to the City are found to be defective or do not conform to specifications, the City reserves the right to cancel the order upon written notice to the Successful Bidder/Contractor and return the product to the Successful Bidder/Contractor at the Successful Bidder/Contractor's expense. 1.2. ACCEPTANCE OF OFFER - The signed or electronic submission of a Bidder's response shall be considered an offer on the part of the Bidder; such offer shall be deemed accepted upon issuance by the City of a Purchase Order. 13. ACCEPTANCE/REJECTION - The City reserves the right to accept, reject any or all, or portion of responses after opening/closing date, and request re -issuance on the goods/services described in the Formal Solicitation. In the event of a rejection, the Director of Procurement shall notify all affected Bidders and provide a written explanation for such rejection. The City also reserves the right to reject the Response of any Bidder which has previously failed to properly perform under the Terms and Conditions of a City Contract, to deliver on time contracts of a similar nature, and which is not capable to perform the requirements defined in this Formal Solicitation. The foregoing is not an all-inclusive list of reasons for which a response may be rejected. The City further reserves the right to waive any irregularities, minor informalities, or technicalities in any or all responses and may, at its sole discretion, re -issue the Formal Solicitation. 1.4. ADDENDA - It is the Bidder's responsibility to ensure receipt of all Addenda. Responses to questions/inquiries from prospective Bidders will be provided in the form of an Addendum. Addenda are available at the Bidsync. 1.5. ALTERNATE RESPONSES -Alternate responses will not be considered, unless specifically requested by the City. 1.6. ASSIGNMENT - Successful Bidder/Contractor agrees not to subcontract, assign, transfer, convey, sublet, pledge, encumber, or otherwise dispose of the resulting Contract, in whole or in part, or any or all of its rights, title or interest herein, without the City's prior written consent. 1 /14/2021 6:30 AM p. 16 City of Miami Solicitation 1254386 Invitation for Bid (IFB) 1254386 1.7. ATTORNEY'S FEES - In connection with any litigation, appellate, administrative, mediation, and/or arbitration arising out of the resulting Contract, each party shall bear their own attorney's fees through and including, appellate litigation and any post -judgment proceedings. 1.8. AUDIT RIGHTS AND RECORDS RETENTION -The Successful Bidder/Contractor agrees to provide access at all reasonable times to the City, or to any of its duly authorized representatives, to any books, documents, papers, and records of Successful Bidder/Contractor which are directly pertinent to this Formal Solicitation, for the purpose of audit, examination, excerpts, and transcriptions. The Successful Bidder/Contractor shall maintain and retain any and all of the books, documents, papers, and records pertinent to the resulting Contract for three (3) years after the City makes final payment and all other pending matters are closed. Successful Bidder's/Contractor's failure to, or refusal to comply with this condition, shall result in the immediate cancellation of this Contract by the City_ The Audit Rights set forth in Section 18-102 of the City Code apply as supplemental terms and are deemed as being incorporated by reference herein. 1.9. AVAILABILITY OF CONTRACT STATE-WIDE - Any governmental, not -for -profit, or quasi - governmental entity in the State of Florida, may avail itself of this Contract and purchase any, and all goods/services, specified herein from the Successful Bidder/Contractor at the Contract price(s) established herein, when permissible by Federal, State, and local laws, rules, and regulations. Additionally, any governmental entity outside of the State of Florida but, within the Continental United States of America, may avail itself to this Contract and purchase any and all goods/services, specified herein from the Successful Bidder/Contractor at the Contract price(s) established herein, when permissible by Federal, State, and local laws, rules, and regulations. Each governmental, not -for -profit or quasi -governmental entity which uses this Formal Solicitation and resulting Contract will establish its own Contract, place its own orders, issue its own purchase orders, be invoiced there from and make its own payments, determine shipping terms and issue its own exemption certificates as required by the Successful Bidder/Contractor. 1.10. AWARD OF CONTRACT - A. The Formal Solicitation, any addenda issued, the Bidder's response, and the Purchase Order shall constitute the entire Contract, unless modified in accordance with any ensuing Contract, or amendment. B. The award of a Contract, where there are Tie Bids, the tie breaker will be decided by the Director of Procurement or designee, in the instance that Tie Bids cannot be determined by applying Florida Statute 287.087, Preference to Businesses with Drug -Free Workplace Programs. C. The award of this Contract may be preconditioned on the subsequent submission of other documents as specified in the Special Conditions or Specifications/Scope of Work. Bidder may be found non -responsive if such documents are not submitted in a timely manner and in the form required by the City. Where Bidder is found non- responsive, the City, through action taken by the Department of Procurement, will void its acceptance of the Bidder's Response and may accept the Response from the next lowest responsive, responsible Bidder most advantageous to the City ormay re -solicit for the goods/services. The City, at its sole discretion, may seek monetary restitution from Bidder and/or its bid bond or guaranty, and/or similar security, if applicable, as a result of damages or increased costs sustained as a result of the Bidder's failure to satisfy the City's requirements. D. The term of the Contract shall be specified in one of three documents which shall be issued to the Successful Bidder. These documents may either be, a Purchase Order, Notice of Award, and/or Contract Award Sheet. E. The City reserves the right to automatically extend this Contract for up to one hundred twenty (120) calendar days beyond the stated Contract term, in order to provide City departments with continual service and supplies while a new Contract is being solicited, evaluated, and/or awarded. If the right to extend is exercised, the City 1 /14/2021 6:30 AM p. 17 City of Miami Solicitation 1254386 Invitation for Bid (IFB) 1254386 shall notify the Successful Bidder/Contractor, in writing, of its intent to extend the Contract in accordance with the existing terms and conditions for a specified number of days. Additional extensions beyond the first one hundred twenty (120) day extension may occur, if, the City and the Successful Bidder/Contractor are in mutual agreement of such extensions. F. Where the Contract involves a single shipment of goods to the City, the Contract term shall conclude upon completion of the expressed or implied warranty periods. G. The City reserves the right to award the Contract on a split -order, lump sum, individual -item basis, or such method of award in the best interest of the City, unless otherwise specified. H. A Contract may be awarded to the Successful Bidder/Contractor by the City Commission based upon the minimum qualification requirements reflected herein. 1.11. BID BOND/ BID SECURITY - A cashier's or certified check issued by a bank authorized to transact banking business in Florida, or a Bid Bond/Bid Security signed by a surety company that is licensed to do business in the State of Florida, payable to the City of Miami, for the amount as specified in the bid, is required from all Bidders, if so indicated under the Special Conditions. This check or bond guarantees that a Bidder will accept the Contract, as bid, if it is awarded to Bidder. Bidder shall forfeit bid deposit to the City, should City award Contract to Bidder and Bidder fails to accept the award. The City reserves the right to reject any and all surety tendered to the City. Bid deposits are returned to unsuccessful Bidders within ten (10) days after the award and Successful Bidder's acceptance of award. If one hundred eighty (180) days have passed after the date of the Formal Solicitation closing date, and no Contract has been awarded, all bid deposits will be returned on demand. 1.12. BID SECURITY FORFEITED LIQUIDATED DAMAGES -Failure to execute a Contract and/or file an 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, 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. 1 /14/2021 6:30 AM P. 18 City of Miami Solicitation 1254386 Invitation for Bid (IFB) 1254386 When "NO SUBSTITUTION" is used in conjunction with a manufacturer's name, brand name, and/or model number, that named item is the only item that will be accepted by the City in that particular instance. 1.15. CANCELLATION -The City reserves the right to cancel this Formal Solicitation, before its opening/closing. In the event of cancellation, the Director of Procurement shall notify all prospective Bidders and provide a written explanation for the cancellation. There shall be no recourse against the City for a cancellation made in accordance with this Section. 1.16. CAPITAL EXPENDITURES - Successful Bidder/Contractor understands that any capital expenditures that the Successful Bidder/Contractor makes, or prepares to make, in order to deliver/perform the goods/services required by the City, is a business risk which the Successful Bidder/Contractor must assume. The City will not be obligated to reimburse amortized or unamortized capital expenditures, or to maintain the approved status of any Successful Bidder/Contractor. If Successful Bidder/Contractor has been unable to recoup its capital expenditures during the time it is rendering such goods/services, it shall not have any claim upon the City. 1.17. CITY NOT LIABLE FOR DELAYS -It is further expressly agreed that in no event shall the City be liable for, or responsible to, the Bidder, any subcontractor, or to any other person for, or on account of, any stoppages or delay in the work herein provided for by injunction, or other legal or equitable proceedings, or on account of any delay for any cause over which the City has no control. 1.18. COLLUSION - Bidder, by submitting a response, certifies that its response is made without previous understanding, agreement, or connection either with any person, firm, or corporation submitting a Bid for the same goods/services, or with the City of Miami's Procurement Department or initiating department. The Bidder certifies that its response is fair, without control, collusion, fraud, or other illegal action. Bidder certifies that it is in compliance with the Conflict of Interest and Code of Ethics Laws. The City will investigate all potential situations where collusion may have occurred, and the City reserves the right to reject any and all Bids where collusion may have occurred. 1.19. COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS - Successful Bidder/Contractor understands that contracts between private entities and local governments are subject to certain laws, codes, and regulations, including laws pertaining to public records, sunshine (open meetings), conflict of interest, ethics records keeping, etc. City and Successful Bidder/Contractor agree to comply with and observe all applicable laws, codes, regulations, and ordinances, and to secure all applicable public approvals and/or consents, of any governmental agency and/or owner of intellectual property rights as that may in any way affect the goods or services offered, including, but not limited to: A Executive Order 11246, which prohibits discrimination against any employee, applicant, or client because of race, creed, color, national origin, sex, or age with regard to, but not limited to, the following: employment practices, rate of pay or other compensation methods, and training selection. B. Occupational, Safety and Health Act (OSHA), as applicable to this Formal Solicitation. C. The State of Florida Statutes, Section 287.133(3)(A) on Public Entity Crimes. D. Environment Protection Agency (EPA), as applicable to this Formal Solicitation. E. Uniform Commercial Code (Florida Statutes, Chapter 672). F. Americans with Disabilities Act of 1990, as amended. G. National Institute of Occupational Safety Hazards (NIOSH), as applicable to this Formal Solicitation. 1 /14/2021 6:30 AM P. 19 City of Miami Solicitation 1254386 Invitation for Bid (IFB) 1254386 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/Contractor will in no way be a cause for relief from responsibility. Non-compliance with all applicable local, State, and Federal directives, orders, codes, rules, regulations, and laws may be considered grounds for termination of Contract at the option of the City Manager. Copies of the City Ordinances may be obtained from the City Clerk's Office. 1.20. CONE OF SILENCE - Pursuant to Section 18-74 of the City of Miami Code, a "Cone of Silence" is imposed upon each Formal Solicitation once advertised and terminates at the time the City Manager issues a written recommendation to the Miami City Commission. The Cone of Silence shall be applicable only to Formal Solicitations for the provision of goods and services for amounts greater than $200,000. The Cone of Silence prohibits any communication regarding Formal Solicitations between, among others: Potential vendors, service providers, bidders, lobbyists or consultants and the City's professional staff including, but not limited to, the City Manager and the City Manager's staff, the Mayor, City Commissioners, or their respective staffs. The provision does not apply to, among other communications: oral communications with the City Procurement staff, provided the communication is limited strictly to matters of process or procedure already contained in the Formal Solicitation document; the provisions of the Cone of Silence do not apply to oral communications at duly noticed site visits/inspections, pre -bid conferences, or public presentations made to the Miami City Commission during a duly noticed public meeting; or communications in writing or by email at any time with any City employee, official or member of the City Commission unless specifically prohibited by the applicable Formal Solicitation documents; or communications in connection with the collection of industry comments or the performance of market research regarding a particular Formal Solicitation by City Procurement staff. Bidders must file a copy of any written communications with the Office of the City Clerk, which shall be made available to any person upon request. The City shall respond in writing and file a copy with the City Clerk's Office, which shall be made available to any person upon request. Written communications may be in the form of an e- mail, or fax with a copy to the City Clerk's Office being required. In addition to any other penalties provided by law, violation of the Cone of Silence by any Bidder shall render any award voidable. A violation by a particular Bidder, lobbyist or consultant shall subject same to potential penalties pursuant to the City Code. Any person having personal knowledge of a violation of these provisions shall report such violation to the State Attorney and/or may file a complaint with the Miami Dade County Commission on Ethics. This language is only a summary of the key provisions of the Cone of Silence. Please review City of Miami Code Section 18-74 for a complete and thorough description of the Cone of Silence. You may contact the City Clerk's Office at 305-250-5360 or clerks@miamigov.com, to obtain a copy of same. 1 /14/2021 6:30 AM p. 20 City of Miami Solicitation 1254386 Invitation for Bid (IFB) 1254386 1.21. CONFIDENTIALITY - As a political subdivision, the City of Miami is subject to the Florida Government in the Sunshine (public Meetings) Act and Public Records Act. If this Contract contains a confidentiality provision, it shall have no application when disclosure is required by Florida law or upon court order. 1.22. CONFLICT OF INTEREST - Bidders, by responding to this Formal Solicitation, certify that to the best of their knowledge or belief, no elected/appointed official or employee of the City of Miami is financially interested, directly or indirectly, in the purchase of goods/services specified in this Formal Solicitation. Any such interests on the part of the Bidder or its employees must be disclosed in writing to the City. Further, Bidder shall disclose the name of any City employee who owns, directly or indirectly, an interest of five percent (5%) or more of the total assets of capital stock in Bidder's firm. A. Bidder further agrees not to use or attempt to use any knowledge, property, or resource which may be within his/her trust, or perform his/her duties, to secure a special privilege, benefit, or exemption for himself/herself, or others. Bidder may not disclose or use information not available to members of the general public and gained by reason of his/her position, except for information relating exclusively to governmental practices, for his/her personal, or benefit, or for the personal gain, or benefit of any other person, or business entity. B. Bidder hereby acknowledges that he/she has not contracted or transacted any business with the City or any person, or agency acting for the City, and has not appeared in representation of any third party before any board, Commission, or agency of the City within the past two years. Bidder further warrants that he/she is not related, specifically the spouse, son, daughter, parent, brother, or sister, to: (i) any member of the Commission; (ii) the Mayor; (iii) any City employee; or (iv) any member of any board or agency of the City. C. A violation of this section may subject the Bidder to immediate termination of any contract with the City, and imposition of the maximum fine and/or any penalties allowed by law. Additionally, violations may be considered by and subject to action by the Miami -Dade County Commission on Ethics. 1.23. COPYRIGHT OR PATENT RIGHTS - Bidders warrant that there has been no violation of copyright or patent rights in manufacturing, producing, or selling the goods shipped or ordered and/or services provided as a result of this Formal Solicitation, and Bidders agree to hold the City harmless from any and all liability, loss, or expense occasioned by any such violation. 1.24. COST INCURRED BY BIDDER - All expenses involved with the preparation and submission of Bids to the City, or any work performed in connection therewith shall be borne by the Bidder. 1.25. DEBARMENT AND SUSPENSIONS (SECTION 18-107) - A. Authority and requirement to debar/suspend. After reasonable notice to an actual or prospective Contractual Party, and after reasonable opportunity for such party to be heard, the City Manager, after consultation with the Chief Procurement Officer and the City Attorney, shall have the authority to debar a Contractual Party, for the causes listed below, from consideration for award of City Contracts. The debarment shall be for a period of not fewer than three (3) years. The City Manager shall also have the authority to suspend a Contractual Party from consideration for award of City Contracts if there is probable cause for debarment, pending the debarment 1 /14/2021 6:30 AM p. 21 City of Miami Solicitation 1254386 Invitation for Bid (IFB) 1254386 determination. The authority to debar/suspend contractors shall be exercised in accordance with regulations which shall be issued by the Chief Procurement Officer after approval by the City Manager, the City Attorney, and the City Commission. B. Causes for debarment/suspension. Causes for debarment or suspension include the following: 1) Conviction for commission of a criminal offense incident to obtaining or attempting to obtain a public or private Contract or subcontract, or incident to the performance of such Contract or subcontract. 2) Conviction under state or federal statutes of embezzlement, theft, forgery, bribery, falsification or destruction of records, receiving stolen property, or any other offense indicating a lack of business integrity or business honesty. 3) Conviction under state or federal antitrust statutes arising out of the submission of Bids or Proposals. 4) Violation of Contract provisions, which is regarded by the Chief Procurement Officer to be indicative of non - responsibility. Such violation may include failure without good cause to perform in accordance with the terms and conditions of a Contract or to perform within the time limits provided in a Contract, provided that failure to perform caused by acts beyond the control of a party shall not be considered a basis for debarment/suspension. 5) Debarment/suspension of the Contractual Party by any federal, state or other governmental entity 6) False certification pursuant to paragraph C below. 7) Found in violation of a zoning ordinance or any other city ordinance or regulation and for which the violation remains noncompliant. 8) Found in violation of a zoning ordinance or any other city ordinance or regulation and for which a civil penalty or fine is due and owing to the city. 9) Any other cause judged by the City Manager to be so serious and compelling as to affect the responsibility of the Contractual Party performing city Contracts. C. Certification. All Contracts for goods and services, sales, and leases by the city shall contain a certification that neither the Contractual Party nor any of its principal owners or personnel have been convicted of any of the violations set forth above or debarred or suspended as set forth in paragraph (b)(5). D. Debarment and suspension decisions. Subject to the provisions of paragraph (a), the City Manager shall render a written decision stating the reasons for the debarment or suspension. A copy of the decision shall be provided promptly to the Contractual Party, along with a notice of said party's right to seek judicial relief. 1.26. DEBARRED/SUSPENDED VENDORS -An entity or affiliate who has been placed on the State of Florida debarred or suspended vendor list may not submit a Response for a solicitation to provide goods or services to a public entity; may not submit a Response to a solicitation with a public entity for the construction or repair of a public building or public work; may not submit response on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity. 1.27. DEFAULT/FAILURE TO PERFORM -The City shall be the sole judge of nonperformance, which shall 1 /14/2021 6:30 AM p. 22 City of Miami Solicitation 1254386 Invitation for Bid (IFB) 1254386 include any failure on the part of the Successful Bidder/Contractor to accept the award, to furnish required documents, and/or to fulfill any portion of this Contract within the time stipulated. Upon default by the Successful Bidder/Contractor to meet any terms of a Contract, the City will notify the Successful Bidder/Contractor of the default and will provide the Successful Bidder/Contractor three (3) days (weekends and holidays excluded) upon notification, by the City, to remedy the default. Failure by the Successful Bidder/Contractor to correct the default within the required three (3) days, shall result in the Contract being terminated upon the City notifying in writing the Successful Bidder/Contractor of its intentions and the effective date of the termination. The following shall constitute default: A. Failure to perform the work or deliver the goods/services required under the Contract, and/or within the time required, or failing to use the subcontractors, entities, and personnel as identified and set forth, and to the degree specified in the Contract. B. Failure to begin the work under this Contract within the time specified. C. Failure to perform the work with sufficient workers and equipment, or with sufficient materials to ensure timely completion. D. Neglecting or refusing to remove materials or perform new work where prior work has been rejected as nonconforming with the terms of the Contract. E. Becoming insolvent, being declared bankrupt, or committing any act of bankruptcy or insolvency, or making an assignment for the benefit of creditors, if the insolvency, bankruptcy, or assignment renders the Successful Bidder/Contractor incapable of performing the work in accordance with, and as required by the Contract. F. Failure to comply with any of the terms of the Contract in any material respect. All costs and charges incurred by the City as a result of a default, or a default incurred beyond the time limits stated, together with the cost of completing the work, shall be deducted from any monies due, or which may become due on this Contract to the Successful Bidder/Contractor. 1.28. DETERMINATION OF RESPONSIVENESS AND RESPONSIBILITY - Each Bid will be reviewed to determine if it is responsive to the submission requirements outlined in the Formal Solicitation. A. Responsive Bid is one which follows the requirements of the Formal Solicitation, includes all documentation, is submitted in the format outlined in the Formal Solicitation, is of timely submission, and has appropriate signatures 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 1 /14/2021 6:30 AM p. 23 City of Miami Solicitation 1254386 Invitation for Bid (IFB) 1254386 representative of a manufacturer or supplier which is the actual source of supply, if required by the Formal Solicitation. 1.29. DISCOUNTS OFFERED DURING TERM OF CONTRACT -Discount prices offered in the Response shall be fixed after the award of a Contract by the Commission, unless otherwise specified in the Special Terms and Conditions. Price discounts, off the original prices quoted in the Response, will be accepted from Successful Bidder/Contractor during the term of the Contract. Such discounts shall remain in effect for a minimum of one hundred and eighty (180) days from approval by the City Commission. Any discounts offered by a manufacturer to Successful Bidder/Contractor will be passed on to the City. 1.30.DISCREPANCIES, ERRORS, AND OMISSIONS -Any discrepancies, errors, or omissions in the Formal Solicitation, or Addenda (as applicable), should be reported in writing to the City's Procurement Department. Should it be found necessary, a written Addendum will be incorporated in the Formal Solicitation and will become part of the Purchase Order (Contract documents)_ The City will not be responsible for any oral instructions, clarifications, or other communications. A. Order of Precedence. Any inconsistency in this Formal Solicitation shall be resolved by giving precedence to the following documents, the first of such list being the governing documents. 1) Addenda (if applicable) 2) Specifications 3) Special Conditions 4) General Terms and Conditions 13LEMERGENCY/DISASTER PERFORMANCE -In the event of a natural disaster or other emergency, or disaster situation, the Successful Bidder/Contractor shall provide the City with the commodities/services defined within the scope of this Formal Solicitation at the price contained within Bidder's response. Further, Successful Bidder/Contractor shall deliver/perform for the City on a priority basis during such times of emergency. 132. ENTIRE BID CONTRACT -The Bid Contract consists of any amendments to the Bid Contract, the Formal Solicitation, including any addenda, Bidder's Response and any written agreement entered into by the City of Miami and Successful Bidder/Contractor, and represents the entire understanding and agreement between the parties with respect to the subject matter hereof and supersedes all other negotiations, understanding, and representations, if any, made by and between the parties. To the extent that the Bid Contract conflicts with, modifies, alters or changes any of the terms and conditions contained in the Formal Solicitation and/or Bid, the Formal Solicitation, including any addenda, and then the Bid shall control. This Contract may be amended only by a written agreement signed by the City and Successful Bidder/Contractor. 133. 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. 134. 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; 1 /14/2021 6:30 AM p. 24 City of Miami Solicitation 1254386 Invitation for Bid (IFB) 1254386 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 any political subdivision, or is on the convicted vendor's list per Section 287.133, Florida Statutes. 135. 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. 136. 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. 137. 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. 138. FLORIDA MINIMUM WAGE AND CITY OF MIAMI LIVING WAGE ORDINANCE - A Florida Minimum Wage. In accordance with the Constitution of the State of Florida, Article X, Section 24, employers shall pay employee wages no less than the minimum wage for all hours worked in Florida. Accordingly, it is the Successful Bidder's/Contractor's and their subcontractor's responsibility to understand and comply with this Florida minimum wage requirement and pay its employees the current established hourly minimum wage rate. This minimum wage rate is subject to change or adjusted by the rate of inflation using the consumer price index ("CPI") for urban wage earners and clerical workers, CPI-W, or a successor index as calculated by the United States Department of Labor. Each adjusted minimum wage rate calculated, shall be determined and published by the Agency Workforce Innovation on September 30th of each year and take effect on the following January 1 st. It is the Bidder's and their subcontractor's (if applicable), full responsibility to determine whether any of their employees may be impacted by this Florida Minimum Wage Law, at any given point in time during the term of the Bid Contract. If impacted, Bidder must provide, with its bid, employee name(s), job title(s), job description(s), and current pay rate(s). Failure to submit this information at the time of bid submittal constitute Successful Bidder's/Contractor's acknowledgement and understanding that the Florida Minimum Wage Law will not impact its prices throughout the term of the Bid Contract, and a waiver of any contractual price increase request(s). The City reserves the right to request and the Successful Bidder/Contractor must provide for any, and all information to make a wage and contractual price increase(s) determination. B. City of Miami Living Wage Ordinance. The City of Miami adopted a Living Wage Ordinance for City Service 1 /14/2021 6:30 AM p. 25 City of Miami Solicitation 1254386 Invitation for Bid (IFB) 1254386 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. 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. This language is only a summary of the key provisions of the City of Miami Living Wage Ordinance. Please review Attachment A, attached hereto, for a complete and thorough description of the City of Miami Living Wage Ordinance. 1.39. GOVERNING LAW AND VENUE - The validity and effect of any Bid Contract as a result of this Formal Solicitation shall be governed by the laws of the State of Florida. The parties agree that any action, mediation, or arbitration arising out of the Bid Contract shall take place in Miami -Dade County, Florida. In any action or proceeding each party shall bear their own respective attorney's fees. 1.40. HEADINGS AND 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/Contractor must give its customers written notice of its privacy information practices, including specifically, a description of the types of uses and disclosures that would be made with protected health information 1.42 INDEMNIFICATION -Successful Bidder/Contractor shall indemnify, hold and save harmless, and defend (at 1 /14/2021 6:30 AM p. 26 City of Miami Solicitation 1254386 Invitation for Bid (IFB) 1254386 its own cost and expense), the City, its officers, agents, directors, and/or employees, from all liabilities, damages, losses, judgements, and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness, negligent act or omission, or intentional wrongful misconduct of Successful Bidder/Contractor and persons employed or utilized by Successful Bidder/Contractor in the performance of this Contract. The Successful Bidder/Contractor shall further, hold the City, its officials and employees, indemnify, save and hold harmless for, and defend (at its own cost), the City its officials and/or employees against any civil actions, statutory or similar claims, injuries or damages arising or resulting from the permitted Work, even if it is alleged that the City, its officials, and/or employees were negligent. In the event that any action or proceeding is brought against the City by reason of any such claim or demand, the Successful Bidder/Contractor shall, upon written notice from the City, resist and defend such action or proceeding by counsel satisfactory to the City. The Successful Bidder/Contractor expressly understands and agrees that any insurance protection required by this Contract or otherwise provided by the Successful Bidder/Contractor shall in no way limit the responsibility to indemnify, keep and save harmless and defend the City or its officers, employees, agents and instrumentalities as herein provided. The indemnification provided above shall obligate the Successful Bidder/Contractor to defend, at its own expense, to and through trial, administrative, appellate, supplemental or bankruptcy proceeding, or to 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/Contractor, or persons employed or utilized by the Successful Bidder/Contractor. These duties will survive the cancellation or expiration of the Contract. This Section will be interpreted under the laws of the State of Florida, including without limitation and interpretation, which conforms to the limitations of Sections 725.06 and/or 725.08, Florida Statutes, as applicable and as amended. Successful Bidder/Contractor shall require all sub-consultant/contractor agreements to include a provision that each sub -contractor will indemnify the City in substantially the same language as this Section. The Successful Bidder/Contractor agrees and recognizes that the City shall not be held liable or responsible for any claims which may result from any actions or omissions of the Successful Bidder/Contractor in which the City participated either through review or concurrence of the Consultant's actions. In reviewing, approving or rejecting any submissions by the Successful Bidder/Contractor or other acts of the Successful Bidder/Contractor, the City, in no way, assumes or shares any responsibility or liability of the Successful Bidder/Contractor or sub-consultant/contractor under this Contract. Ten dollars ($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/Contractor. 1.43. FORMATION AND DESCRIPTIVE LITERATURE - Bidders must furnish all information requested in the spaces provided in the Formal Solicitation. Further, as may be specified elsewhere, each Bidder must submit for evaluation, cuts, sketches, descriptive literature, technical specifications, and Material Safety Data Sheets (MSDS) as required, covering the products offered. Reference to literature submitted with a previous bid, or on file with the City, will not satisfy this provision. 1 /14/2021 6:30 AM p. 27 City of Miami Solicitation 1254386 Invitation for Bid (IFB) 1254386 1.44. INSPECTIONS - The City may, at reasonable times during the term of the Bid Contract, inspect Successful Bidder's/Contractor's facilities and perform such tests, as the City deems reasonably necessary, to determine whether the goods and/or services required to be provided by the Successful Bidder/Contractor, under the Bid Contract conform to the terms and conditions of the Formal Solicitation. Successful Bidder/Contractor shall make available to the City all reasonable facilities and assistance to facilitate the performance of tests or inspections by City representatives. All tests and inspections shall be subject to, and made in accordance with, the provisions of the City of Miami Ordinance No. 12271 (Section 18-101) City Code, as same may be amended or supplemented, from time to time, which, in conjunction with Section 18-102, providing for audits of City contractors, are applicable and are deemed as being incorporated by reference as supplemental terms. 1.45. INSPECTION OF BID -Bids received by the City, pursuant to a Formal Solicitation, will not be made available until such time as the City provides notice of a decision, or intended decision, or within 30 days after bid closing, whichever is earlier. Bid results will be tabulated and may be furnished upon request, via fax or e-mail, to the City's Procurement Contracting Officer, issuing the Formal Solicitation. Tabulations are also available on the City's website following a recommendation for award. 1.46. INSURANCE - Within ten (10) days after receipt of Notice of Award, the Successful Bidder/Contractor, shall furnish the evidence of insurance to the Procurement Department, as applicable. Submitted evidence of insurance shall demonstrate strict compliance with all requirements stipulated in the Special Conditions section titled "Insurance Requirements". The City shall be listed as an "Additional Insured." Issuance of a Purchase Order is contingent upon the receipt of proper insurance documents. If the certificate of insurance is received within the specified time frame but not in the manner prescribed in the Formal Solicitation, the Successful Bidder/Contractor shall be verbally notified of such deficiency and shall have an additional five (5) calendar days to submit a corrected certificate to the City. If the Successful Bidder/Contractor fails to submit the required insurance documents in the manner prescribed in the Formal Solicitation within fifteen (15) calendar days after receipt of the Notice of Award, the Successful Bidder/Contractor shall be in default of the contractual terms and conditions and will not be awarded the contract. Information regarding any insurance requirements shall be directed to the Risk Management Director, Department of Risk Management, at 444 SW 2nd Avenue, 9th Floor, Miami, Florida 33130, 305-416-1384. The Successful Bidder/Contractor shall be responsible for ensuring that the insurance documents required in conjunction with this Section remain in effect for the duration of the contractual period; including any renewals and extensions that may be exercised by the City. 1.47. INVOICES - Invoices submitted by Successful Bidder/Contractor to the City shall include the Purchase Order number and description of goods and/or services delivered (i.e., quantity, unit price, extended price, etc.); and in compliance with Chapter 218 of the Florida Statutes (Prompt Payment Act). 1.48. LOCAL PREFERENCE -City Code Section 18-85, states, "when a responsive, responsible non -local Bidder submits the lowest bid price, and the bid submitted by one or more responsive, responsible local Bidders who maintain a local office, as defined in Section 18-73, is within fifteen percent (15%) of the price submitted by the non -local Bidder, then that non -local Bidder and each of the aforementioned responsive, responsible local Bidders shall have the opportunity to submit a best and final bid equal to or lower than the amount of the low bid previously submitted by the non -local Bidder. Contract award shall be made to the lowest responsive, responsible Bidder submitting the lowest best and final bid. In the case of a tie in the best and final bid between a local Bidder and a non -local Bidder, contract award shall be made to the local Bidder." 1 /14/2021 6:30 AM p. 28 City of Miami Solicitation 1254386 Invitation for Bid (I1713) 1254386 1.49. MANUFACTURER'S CERTIFICATION - The City reserves the right to request from Bidders a separate Manufacturer's Certification of all statements made in the Bid. Failure to provide such certification may result in the rejection of the Bid, or termination of the Bid Contract, for which the Bidder/Successful Bidder/Contractor shall bear full liability. 1.50. MODIFICATIONS OR CHANGES IN PURCHASE ORDERS AND CONTRACTS - No Contract or understanding to modify the Formal Solicitation and the resultant Purchase Order(s) or Bid Contract, if applicable, shall be binding upon the City, unless made in writing by the City's Director of Procurement through the issuance of a change order, addendum, amendment, or supplement to the Bid Contract, Purchase Order, or award sheet, as applicable. 1.51. MOST FAVORED NATIONS - Successful Proposer shall not treat the City of Miami ("City") worse than any other similarly -situated local government and, in this regard, grants the City a "most favored nations clause" meaning the City will be entitled to receive and be governed by the most favorable terms and conditions that Successful Bidder/Proposer grants now or in the future to a similarly situated local government. 1.52. NO PARTNERSHIP OR JOINT VENTURE - Nothing contained in the Bid Contract will be deemed or construed to create a partnership or joint venture between the City and Successful Bidder/Contractor, or to create any other similar relationship between the parties. 1.53. NONCONFORMANCE TO CONTRACT CONDITIONS - Items may be tested for compliance with specifications under the direction of the Florida Department of Agriculture and Consumer Services, or by other appropriate testing laboratories as determined by the City. The data derived from any test for compliance with specifications is public record, and open to examination thereto in accordance with Chapter 119, Florida Statutes. Items delivered, not conforming to specifications may be rejected, and returned at Successful Bidder's/Contractor's expense. The non -conforming items not delivered in accordance with the stipulated delivery date in the Bid and/or Purchase Order, may result in Successful Bidder/Contractor being found in default, in which event, any and all re - procurement costs may be charged against the defaulted Successful Bidder/Contractor. Any violation of the above stipulations may also result in the Successful Bidder/Contractor being removed from the City's supplier's list. 1.54. NONDISCRIMINATION - Successful Bidder/Contractor affirms that it shall not discriminate as to race, gender, color, age, religion, national origin, marital status, or disability, in connection with its performance under the Formal Solicitation. Furthermore, Successful Bidder/Contractor affirms that no otherwise qualified individual shall solely by reason of their race, gender, color, age, religion, national origin, marital status or disability be excluded from the participation in, be denied benefits of, or be subjected to, discrimination under any program or activity. In connection with the conduct of its business, including performance of services and employment of personnel, Successful Bidder/Contractor shall not discriminate against any person on the basis of race, gender, color, age, religion, national origin, marital status or disability. All persons having appropriate qualifications shall be afforded 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. 1 /14/2021 6:30 AM p. 29 City of Miami Solicitation 1254386 Invitation for Bid (IFB) 1254386 In addition, any and all goods, and/or services required by the City in conjunction with construction projects are solicited under a distinctly different solicitation process and shall not be purchased under the terms, conditions and awards rendered under the Formal Solicitation, unless such purchases are determined to be in the best interest of the City. 1.56.NOTICE REGARDING "CURES" - Bids submitted with irregularities, deficiencies, and/or technicalities that deviate from the minimum qualifications and submission requirements of Request for Qualifications (RFQ), Request for Proposals (RFP), invitation to bid (ITB), invitation for bids (IFB), invitation to quote (ITQ), Requests for Letters of Interest (RFLI) and Request for Sponsorships (RFS) shall result in a non -responsive determination. any solicitation issued after May 6, 2019, shall comply with APM 2-19. APM 2-19 is attached hereto. only minor irregularities, deficiencies, and technicalities may be allowed to be timely cured by the proposer at the sole discretion of the city. material irregularities, deficiencies, and technicalities cannot be cured by the proposer, and are not waivable by the city. BIDS SUBMITTED WITH IRREGULARITIES. DEFICIENCIES. AND/OR TECHNICALITIES THAT DEVIATE FROM THE MINIMUM QUALIFICATIONS AND SUBMISSION REQUIREMENTS OF THIS IFB SHALL RESULT IN A NON -RESPONSIVE DETERMINATION. The City will not give consideration to the curing of any Bids that fail to meet the minimum qualifications and submission requirements of this IFB. Proposer understands that non -responsive Bids will not be evaluated. 1.57. OCCUPATIONAL LICENSEBUSINESS 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/Contractor, pursuant to the Formal Solicitation shall at all times remain the property of the City, and shall not be used by the Successful Bidder/Contractor for any other purposes whatsoever, without the written consent of the City. 1.60. PARTIAL INVALIDITY - If any provision of the Bid Contract or the application thereof, to any person or circumstance, shall to any extent be held invalid, then the remainder of the Bid Contract or, the application of such provision to persons or circumstances other than those as to which it is held invalid, shall not be affected thereby, and each provision of the Bid Contract shall be valid and enforced to the fullest extent permitted by law. 1.61. PERFORMANCE/PAYMENT BOND - A Successful Bidder/Contractor may be required to furnish a Performance/Payment Bond as part of the requirements of the Bid Contract, in an amount equal to one hundred percent (100%) of the Bid Contract price. Any bond furnished will comply with Florida Law, and be in a form acceptable to the City of Miami Risk Management Director. 1.62. PREPARATION OF BIDS - Bidders are expected to examine the specifications, required delivery, drawings, and all special and general conditions. 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. 1 /14/2021 6:30 AM p. 30 City of Miami Solicitation 1254386 Invitation for Bid (IFB) 1254386 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 Certification Statement 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/Contractor to other customers shall be passed on to the City. 1.64. PRODUCT SUBSTITUTES -In the event a particular awarded and approved manufacturer's product becomes unavailable during the term of the Bid Contract, the Successful Bidder/Contractor awarded that item may arrange with the City's authorized representative(s) to supply a substitute product at the awarded price or lower, provided that a sample is approved in advance of delivery, and that the new product meets or exceeds all quality requirements. 1.65. CONFLICT OF INTEREST, AND UNETHICAL BUSINESS PRACTICE PROHIBITIONS -Successful Bidder/Contractor represents and warrants to the City, that it has not employed, or retained any person, or company employed by the City to solicit or secure the Bid Contract and that the Successful Bidder/Contractor has not offered to pay, paid, or agreed to pay any person any fee, commission, percentage, brokerage fee, or gift of any kind contingent upon, or in connection with, the award of the Bid Contract. 1.66. PROMPT PAYMENT — Bidders may offer a cash discount for prompt payment; however, discounts shall not be considered in determining the lowest net cost for Bid evaluation purposes. Bidders are required to provide their prompt payment terms in the space provided on the Formal Solicitation. If no prompt payment discount is being offered, the Bidder must enter zero (0) for the percentage discount to indicate no discount. If the Bidder fails to enter a percentage, it is understood and agreed that the terms shall be two percent (2%), 20 days, effective after receipt of invoice or final acceptance by the City, whichever is later. When the City is entitled to a cash discount, the period of computation will commence on the date of delivery, or receipt of a correctly completed invoice, whichever is later. If an adjustment in payment is necessary due to damage, the cash discount period shall commence on the date final approval for payment is authorized. If a discount is part of the contract, but the invoice does not reflect the existence of a cash discount, the City is entitled to a cash discount with the period commencing on the date it is determined by the City that a cash discount applies. Price discounts off the original prices quoted on the Price Sheet will be accepted from Successful Bidder(s) during the term of the contract. The City will comply with the Florida Prompt Payment Act, as applicable. 1 /14/2021 6:30 AM p. 31 City of Miami Solicitation 1254386 Invitation for Bid (IFB) 1254386 1.67. PROPERTY - Property owned by the City is the responsibility of the City. Such property furnished to a Successful Bidder/Contractor for repair, modification, study, etc., shall remain the property of the City. Damages to such property occurring while in the possession of the Successful Bidder/Contractor shall be the responsibility of the Successful Bidder/Contractor. Damages occurring to such property while in route to the City, shall be the responsibility of the Successful Bidder/Contractor. In the event that such property is destroyed, or declared a total loss, the Successful Bidder/Contractor shall be responsible for the replacement value of the property, at the current market value, less depreciation of the property, if any. 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/Contractor understands that the public shall have access, at all reasonable times, to all documents and information pertaining to City contracts, subject to the provisions of Chapter 119, Florida Statutes, and City Code, Section 18, Article III, and agrees to allow access by the City and the public, to all documents subject to disclosure under applicable law_ Successful Bidder/Contractor shall additionally comply with the provisions of Section 119.0701, Florida Statutes, titled "Contracts; public records". Successful Bidder/Contractor shall additionally comply with Section 119.0701, Florida Statutes, including without limitation: A. Keep and maintain public records that ordinarily and necessarily would be required by the City to perform this service. B. Provide the public with access to public records on the same terms and conditions as the City would at the cost provided by Chapter 119, Florida Statutes, or as otherwise provided by law. C. Ensure that public records that are exempt or confidential and exempt from disclosure are not disclosed except as authorized by law. D. Meet all requirements for retaining public records and transfer, at no cost, to the City all public records in its possession upon termination of this Agreement and destroy any duplicate public records that are exempt or confidential and exempt from disclosure requirements. 1 /14/2021 6:30 AM p. 32 City of Miami Solicitation 1254386 Invitation for Bid (IFB) 1254386 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/Contractor and the City which arise under, or by virtue of, a Contract between them; provided that, in cases involving an amount greater than $25,000, the City Commission must approve the City Manager's decision. Such authority extends, without limitation, to disputes based upon breach of Contract, mistake, misrepresentation, or lack of complete performance, and shall be invoked by a Contractual Party by submission of a protest to the City Manager_ B.Contract dispute decisions. If a dispute is not resolved by mutual consent, the City Manager shall promptly render a written report stating the reasons for the action taken by the City Commission, or the City Manager, which shall be final and conclusive. A copy of the decision shall be immediately provided to the protesting party, along with a notice of such party's right to seek judicial relief, provided that the protesting party shall not be entitled to such judicial relief without first having followed the procedure set forth in this Section. 1.75. RESOLUTION OF PROTESTED SOLICITATIONS AND AWARDS (SECTION 18-104): (a)Right to protest The following procedures shall be used for resolution of protested solicitations and awards except for purchases of goods, supplies, equipment, and services, the estimated cost of which does not exceed $25,000.00. Protests thereon shall be governed by the administrative policies and procedures of purchasing_ 1 /14/2021 6:30 AM p. 33 City of Miami Solicitation 1254386 (1) Protest of solicitation. Invitation for Bid (IFB) 1254386 a_ Any prospective proposer who perceives itself aggrieved in connection with the solicitation of a contract may protest to the chief procurement officer. A written notice of intent to file a protest shall be filed with the chief procurement officer within three days after the request for proposals, request for qualifications or request for letters of interest is published in a newspaper of general circulation. A notice of intent to file a protest is considered filed when received by the chief procurement officer; or b. Any prospective bidder who intends to contest bid specifications or a bid solicitation may protest to the chief procurement officer. A written notice of intent to file a protest shall be filed with the chief procurement officer within three days after the bid solicitation is published in a newspaper of general circulation. A notice of intent to file a protest is considered filed when received by the chief procurement officer. (2) Protest of award. a. Any actual proposer who perceives itself aggrieved in connection with the recommended award of contract may protest to the chief procurement officer. A written notice of intent to file a protest shall be filed with the chief procurement officer within two days after receipt by the proposer of the notice of the city manager's recommendation for award of contract. The receipt by proposer of such notice shall be confirmed by the city by facsimile or electronic mail or U.S. mail, return receipt requested. A notice of intent to file a protest is considered filed when received by the chief procurement officer; or b. Any actual responsive and responsible bidder whose bid is lower than that of the recommended bidder may protest to the chief procurement officer. A written notice of intent to file a protest shall be filed with the chief procurement officer within two days after receipt by the bidder of the notice of the city's determination of non - responsiveness or non -responsibility. The receipt by bidder of such notice shall be confirmed by the city by facsimile or electronic mail or U.S. mail, return receipt requested. A notice of intent to file a protest is considered filed when received by the chief procurement officer. c. A written protest based on any of the foregoing must be submitted to the chief procurement officer within five days after the date the notice of protest was filed. A written protest is considered filed when received by the chief procurement officer. The written protest may not challenge the relative weight of the evaluation criteria or the formula for assigning points in making an award determination. The written protest shall state with particularity the specific facts and law upon which the protest of the solicitation or the award is based and shall include all pertinent documents and evidence and shall be accompanied by the required filing fee as provided in subsection (f). This shall form the basis for review of the written protest and no facts, grounds, documentation or evidence not contained in the protester's submission to the chief procurement officer at the time of filing the protest shall be permitted in the consideration of the written protest. No time will be added to the above limits for service by mail. In computing any period of time prescribed or allowed by this section, the day of the act, event or default from which the designated period of time begins to run shall not be included. The last day of the period so computed shall be included unless it is a Saturday, Sunday or legal holiday in which event the period shall run until the end of the next day which is neither a 1 /14/2021 6:30 AM p. 34 City of Miami Solicitation 1254386 Invitation for Bid (I1713) 1254386 Saturday, Sunday or legal holiday. Intermediate Saturdays, Sundays and legal holidays shall be excluded in the computation of the time for filing. (b) Authority to resolve protests; hearing officer(s). Hearing officers appointed by the city shall have authority to resolve protests filed under this chapter of the City Code. The city manager shall appoint a hearing officer, from a separate list of potential hearing officers pre - approved by the city commission, to resolve protests filed in accordance with this section, no later than five working days following the filing of a bid protest. The hearing officer shall have the authority to settle and resolve any written protest. The hearing officer shall submit said decision to the protesting party and to the other persons specified within ten days after he/she holds a hearing under the protest. (1) Hearing officer. The hearing officer may be a special master as defined in chapter 2, article X, section 2-811 of the City Code, or a lawyer in good standing with the Florida Bar for a minimum of ten years with a preference given to a lawyer who has served as an appellate or trial court judge. The hearing officer may be appointed from alternative sources (e.g. expert consulting agreements, piggyback contracts, etc.) where the city commission adopts a recommendation of the city attorney that such action is necessary to achieve fairness in the proceedings_ The engagement of hearing officers is excluded from the procurement ordinance as legal services. The hearing officers appointed in the pre -qualified group should be scheduled to hear protests on a rotational basis. (2) Right ofprotest. Any actual bidder or proposer who has standing under Florida law dissatisfied and aggrieved with the decision of the city regarding the protest of a solicitation or the protest of an award as set forth above in this section may request a protest hearing. Such a written request for a protest hearing must be initiated with a notice of intent to protest followed by an actual protest as provided in subsection 18-104(a). The notice of intent to protest and the actual protest must each be timely received by the chief procurement officer and must comply with all requirements set forth in subsection 18-104(a). Failure to submit the required notice of intent to protest and the actual protest within the specified timeframes will result in an administrative dismissal of the protest. (3) Hearing date. Within 30 days of receipt of the notice of protest, the chief procurement officer shall schedule a hearing before a hearing officer, at which time the person protesting shall be given the opportunity to demonstrate why the decision of the city relative to the solicitation or the award, which may include a recommendation for award by the city manager to the city commission, as applicable, should be overturned. The party recommended for award, if it is a protest of award, shall have a right to intervene and be heard. (4) Hearing procedure. The procedure for any such hearing conducted under this article shall be as follows: a. The city shall cause to be served by certified mail a notice of hearing stating the time, date, and place of the hearing. The notice of hearing shall be sent by certified mail, return receipt requested, to the mailing address of the protester. b. The party, any intervenor, and the city shall each have the right to be represented by counsel, to call and examine witnesses, to introduce evidence, to examine opposing or rebuttal witnesses on any relevant matter related to the protest even though the matter was not covered in the direct examination, and to impeach any witness regardless of which party first called him/her to testify. The hearing officer may extend the deadline for completion of the protest hearing for good cause shown, but such an extension shall not exceed an additional five business days. The hearing officer shall consider the written protest and supporting documents and evidence appended thereto, supporting documents or evidence from any intervenor, and the decision or recommendation as to the solicitation or award being protested, as applicable. The protesting party, and any intervenor, must file 1 /14/2021 6:30 AM p. 35 City of Miami Solicitation 1254386 Invitation for Bid (I1713) 1254386 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 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. 1 /14/2021 6:30 AM p. 36 City of Miami Solicitation 1254386 (q Filing fee. Invitation for Bid (IFB) 1254386 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/Contractor shall not sell, assign, transfer, or subcontract at any time during the term of the Contract, the Contract itself, or any portion thereof, or any part of its operations, or assign, sell, pledge, dispose, convey, or encumber any portion of the performance required by this Bid Contract, except under, and by virtue of written permission granted by the City through the proper officials, which may be withheld or conditioned, in the City's sole discretion. 1.78. SERVICE AND WARRANTY - When specified, the Bidder shall define all warranty, service, and replacements that will be provided. Bidders must explain on the Bid to what extent warranty and service facilities are available. A copy of the manufacturer's warranty, if applicable, should be submitted with Bidder's response. 1.79. SILENCE OF SPECIFICATIONS - The apparent silence of the scope of work/specifications, and any supplemental scope of work/specification as to any detail or the omission from it, of detailed description concerning any point, shall be regarded as meaning that only the best commercial practices are to prevail, and that only materials of first quality and correct type, size, and design shall be used. All workmanship and services shall be first quality. All interpretations of the scope of work/specifications shall be made upon the basis of this statement. If Bidder has a current contract with the State of Florida, Department of General Services, to supply the items in the Formal Solicitation, the Bidder shall quote not more than the contract price; failure to comply with this request will result in disqualification of the Bid. 1.80. SUBMISSION AND RECEIPT OF BIDS - 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 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 timely submittal 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 /14/2021 6:30 AM p. 37 City of Miami Solicitation 1254386 Invitation for Bid (IFB) 1254386 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/Contractor effective as of the date specified in the notice, should any of the following apply: A. The Successful Bidder/Contractor is determined by the City, to be in breach of any of the terms and conditions of the Bid Contract. B. The City has determined that such termination will be in the best interest of the City, to terminate the Bid Contract for its own convenience; C. Funds are not available to cover the cost of the contracted goods and/or services. The City's obligation is contingent upon the availability of appropriate funds. 1.83. TERMS OF PAYMENT - Payment will be made by the City after the goods and/or services have been received, inspected, and found to comply with award specifications, free of damage, or defect, and properly invoiced. Payment will be made after delivery, within forty-five (45) days of receipt of an invoice, and authorized inspection and acceptance of the goods/services, and pursuant to Section 218.74, Florida Statutes, and other applicable law. 1.84. TIMELY DELIVERY - Time will be of the essence for any orders placed as a result of the Formal Solicitation. The City reserves the right to cancel such orders, or any part thereof, without obligation, if delivery is not made within the time(s) specified in the Bid. Deliveries shall be made during regular City business hours, unless otherwise specified in the Special Conditions. 1.85. TITLE - Title to the goods shall not pass to the City until after the City has inspected and accepted the goods or used the goods, whichever comes first. 1.86. TRADE SECRETS EXECUTION TO PUBLIC RECORDS DISCLOSURE -All Bids submitted to the City are subject to public disclosure, pursuant to Chapter 119, Florida Statutes. An exception may be made for "trade secrets." If the Bid contains information that constitutes a "trade secret", all material that qualifies for exemption from Chapter 119, must be submitted in a separate envelope, clearly identified as "TRADE SECRETS 1 /14/2021 6:30 AM p. 38 City of Miami Solicitation 1254386 Invitation for Bid (IFB) 1254386 EXCEPTION," with Bidder's name, the Formal Solicitation number, and title marked on the outside. Please be aware that the designation of an item as a trade secret by Bidder may be challenged in court by any person. By Bidder's designation of material in Bidder's Response as a "trade secret" Bidder agrees to indemnify and hold harmless the City for any award to a plaintiff for damages, costs, or attorney's fees and for costs and attorney's fees, incurred by the City, by reason of any legal action challenging Bidder's claim. 1.87. UNAUTHORIZED WORK OR DELIVERY OF GOODS - Neither the Successful Bidder/Contractor nor any of their employees shall perform any work, or deliver any goods, unless a change order or purchase order is issued and received by the Successful Bidder/Contractor. The Successful Bidder/Contractor will not be paid for any work performed, or goods delivered outside the scope of the Bid Contract, or any work performed by Successful Bidder's/Contractor's employee(s) not otherwise previously authorized. 1.88. USE OF NAME - The City is not engaged in research for advertising, sales promotion, or other publicity purposes. No advertising, sales promotion, or other publicity materials containing information obtained from the Formal Solicitation shall be mentioned, or imply the name of the City, without prior express written permission from the City Manager, or the City Commission. 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 1 /14/2021 6:30 AM p. 39 City of Miami Solicitation 1254386 2. Special Conditions 2.1 PURPOSE Invitation for Bid (IFB) 1254386 The purpose of this Solicitation is to establish a contract, for Decontamination, Disinfection, and Disposal of Bio-Hazardous Waste, Hydrocarbon, or Chemical Spills, as specified herein, from a source(s), fully compliant with the terms, conditions and stipulations of the Solicitation. 2.2 PRE-BID/PRE-PROPOSAL CONFERENCE A Virtual Voluntary pre -bid conference will be held on January 20' at 10:00 AM through Microsoft TEAMS Cr.k here to i o i n the m eeti n ❑ or via phone (786) 530-7005 Conference ID# 699 800 258#. A discussion of the requirements of the Solicitation will occur at that time. Each potential Bidder is required, prior to submitting their Bid to acquaint themselves 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 Monday, January 25, 2021 @ 2:00 PM. 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 METHOD OF AWARD Award of Groups 1,2,3 and 4 will be made to the lowest responsive and responsible Bidder(s) whose bid(s) offer(s) the lowest prices by total of all four (4) groups. Bidder(s) must bid on all items, in groups 1, 2, 3, and 4 or be considered non- responsive . The award for Group 5 will be made to all the responsive and responsible Bidders who meet the minimum requirements set forth in this solicitation. Awarded Bidders will be placed in a pre -qualified pool of vendors list. The list will be accessed by the City to obtain spot market quotations to have specialty decontamination/ sanitation services using electrostatic type sprayers or any other services noted needed when needed. The City intends to award all groups of this solicitation in two (2) categories, Federally Funded and Non -Federally Funded. All Bidders may apply to one (1) category (Federally Funded or Non -Federally Funded) or both categories stated on this solicitation. 2.5 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 two (2) additional two (2) 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. 2.6 CONDITIONS FOR RENEWAL 1 /14/2021 6:30 AM p. 40 City of Miami Solicitation 1254386 Invitation for Bid (IFB) 1254386 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 2.7 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(s)/Proposer(s) of such occurrence, shall have the unqualified right to terminate the contract without any penalty or expense to the City. No guarantee, warranty or representation is made that any project(s) will be awarded to any firm(s). 2.8 BIDDERS MINIMUM QUALIFICATIONS Bids will only be considered from firms that are regularly engaged in the business of providing goods and/or services as described in this bid; that has the same Federal Employment Identification Number ("FEIN") for three (3) consecutive years; and that have sufficient financial support, equipment and organization to insure that they can satisfactorily provide the services if awarded a Contract under the terms and conditions herein stated. Bidder shall not have: 1. Any member, officer, or stockholder that is in arrears or in default of any debt or contract involving the City, is a defaulter surety otherwise, upon any obligation to the City, and/or has failed to perform faithfully on any previous contract with the City; or 2. Any record of pending lawsuits or criminal activities or have ever been declared bankrupt. Bidder shall provide: 1. Five references from previous contracts with municipalities and/or businesses for which they have provided the services as described in this IFB_ 2. Certification of handling bio-hazardous waste (only for Groups 1-4, Group 5 is exempt). 2.9 CERTIFICATE REQUIREMENTS/COMPLIANCE WITH FEDERAL STANDARDS Any person, firm, corporation or joint venture who offers a bid, at the time of such bid, shall hold valid Certificates issued by Occupational Safety and Health Administration (OSHA) for Blood Borne Pathogens Training, the Bio- Hazardous Medical Waste Transport License, and individual proof of receipt of Hepatitis shot or Declination Certificate, qualifying said person(s), firm, corporation, or joint venture to perform the work proposed. Also, any and all requirements from the National Institute of Occupational Safety Hazards (NIOSH) and the National Fire Protection Association (NFPA). The collection, preservation, delivery, disposal, and reporting of waste and/or samples whether done solely or in part by the Successful Bidder(s), its personnel, or sub -contractors, must be in accordance with the Department of Environmental Protection Standard Operating Procedures (FDEP SOP) for Field Activities, DEP-SOP-00 1/0 I.Successful Bidder(s) shall remain liable for all sub -contractors activities. Perspective Bidders for hazardous materials response must be able to demonstrate compliance with OSHA Hazardous Waste Operations and Emergency Response (HAZWOPER) per Section 1910.120 of OSHA rules. 2.10 LICENSES, PERMITS, AND FEES The Successful Bidder(s) shall obtain and pay for all licenses, permits, and inspection fees required for these services; and shall comply with all federal, state, and/or local laws, ordinances, rules, and regulations applicable to the work contemplated herein. Damages, penalties, and/or fines imposed on the City or the Successful Bidder(s) for failure to obtain required licenses, permits, or fines shall be borne by the Successful Bidder(s). 1 /14/2021 6:30 AM p. 41 City of Miami Solicitation 1254386 2.11 REFERENCES Invitation for Bid (IFB) 1254386 Each bid must be accompanied by a list of five (5) references, as reflected in Certifications Section of this Solicitation, which shall include the name of the company, dates of contract, description of goods/services supplied, a contact person and the telephone number. NO BID WILL BE CONSIDERED WITHOUT THIS LIST. 2.12 INSURANCE REQUIREMENTS 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. 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 agamst 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. 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 -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 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 sub -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. Please see Insurance Addendum, located in the Documents section of this solicitation, for insurance definitions, requirements, and conditions. The Successful Bidder shall furnish to City of Miami, c/o Procurement Department, 444 SW 2nd Avenue, 6th Floor, Miami, Florida 33130, Certificate(s) of Insurance which indicate that insurance coverage has been obtained which meets the requirements as outlined below: INSURANCE REQUIREMENTS - 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 1 /14/2021 6:30 AM p. 42 City of Miami Solicitation 1254386 Invitation for Bid (IFB) 1254386 B. Endorsements Required City of Miami listed as additional insured Contingent & Contractual Liability Premises and Operations Liability Primary Insurance Clause Endorsement IL Business Automobile Liability A. Limits of Liability Bodily Injury and Property Damage Liability Combined Single Limit Owned/Scheduled Autos Including Hired, Borrowed or Non -Owned Autos Any One Accident $ 1,000,000 B. Endorsements Required City of Miami listed as an additional insured Pollution Endorsement III. Worker's Compensation Limits of Liability Statutory -State of Florida Waiver of Subrogation Employer's Liability A. Limits of Liability $ 500,000 for bodily injury caused by an accident, each accident $ 500,000 for bodily injury caused by disease, each employee $ 500,000 for bodily injury caused by disease, policy limit IV. Professional Liability/Errors and Omissions Coverage Combined Single Limit Each Claim $ 1,000,000 General Aggregate Limit $ 1,000,000 Retro Date Included V. Pollution Liability Each Occurrence $ 1,000,000 Policy Aggregate $ 1,000,000 City of Miami listed as an additional insured VL Umbrella Liability Each Occurrence $ 1,000,000 Policy Aggregate $ 1,000,000 City of Miami listed as an additional insured. Coverage is excess follow Form over all applicable liability policies contained herein. 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 1 /14/2021 6:30 AM p. 43 City of Miami Solicitation 1254386 Invitation for Bid (IFB) 1254386 Jersey, or its equivalent. All policies and /or certificates of insurance are subject to review and verification by Risk Management prior to insurance approval. 2.13 NOTICE REGARDING CURES Please refer to Section 1.56, Notice Regarding "Cures" of the General Terms and Conditions of this Solicitation. 2.14 TIE BIDS Whenever two (2) 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 dmg-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 margin 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 or plea of guilty 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; and 6. Make a good faith effort to continue to maintain a drug -free workplace through implementation of this section. 2.15 PROJECT MANAGER Upon award, Successful Bidder shall report and work directly with Joy Saunlett - Administrative Assistant and Major Richard Perez - Communications Major or designee(s), who shall be designated as the Project Manager(s) for the City. 2.16 SUPERVISION AND AUTHORITY The Successful Bidder shall employ a competent supervisor, at no additional cost to the City, who shall be in charge of each project assignment and monitor the quality of the work and performance of Successful Bidder's personnel during the progress of the project. The supervisor shall be the primary representative for the Successful Bidder and all communications given to and all decisions made by the supervisor shall be binding on the Successful Bidder. Notwithstanding, the supervisor shall be considered, at all times, an employee of the Successful Bidder under its sole direction and not an employee or agent of the City of Miami. The supervisor, at all times, must either be personally present at the worksite or be represented at the worksite by a responsible agent designated by the Successful Bidder in written notice to the City prior to the beginning of work. Such notification shall include pertinent data such as addresses, phone numbers, etc., where said agent may be contacted at any time of the day or night. The agent shall be clothed with full authority to act for the Successful Bidder in all cases, and to carry out any instructions relative to the work given by the City. 2.17 FIXED AND FIRM PRICING 1 /14/2021 6:30 AM p. 44 City of Miami Solicitation 1254386 Invitation for Bid (IFB) 1254386 The Successful Bidder(s) warrant(s) that the Prices quoted for Group Nos. 1-4 of this bid will remain fixed and firm throughout the full term of the contract including any extension thereof. 2.18 EQUITABLE ADJUSTMENT The Procurement Department may, in its sole discretion, make an equitable adjustment in the contract terms and/or pricing if pricing or availability of supply is affected by extreme or unforeseen volatility in the marketplace, that is, by circumstances that satisfy all the following criteria: (1) the volatility is due to circumstances beyond the Successful Bidder's control, (2) the volatility affects the marketplace or industry, not just the particular contract source of supply, (3) the effect on pricing or availability of supply is substantial, and (4) the volatility so affects the Successful Bidder that continued performance of the contract would results in a substantial loss_ Successful Bidder might have to supply documentation to justify any requested percentage increase in cost to the City of Miami. This only applies to Group 5. 2.19 SUBCONTRACTORS OF WORK SHALL BE IDENTIFIED As part of this Bid, the Bidders are required to identify any and all Subcontractors that will be used in the performance of this proposed contract, their capabilities, experience, minority designation, as defined in Ordinance 10062 and the portion of the work to be done by the Subcontractor. Failure to identify any and all subcontractors in the Bid shall render the Bid non -responsive, unless, the Successful Bidder submits this documentation to the City within five (5) working days after the bid opening. The Successful Bidder shall not, at any time during the tenure of the contract, subcontract any part of his operations or assign any portion or part of the contract, to Subcontractor(s) not originally mentioned in their Bid, except under and by virtue of permission granted by the City through the proper officials. Nothing contained in this specification shall be construed as establishing any contractual relationship between any Subcontractor(s) and the City. The Successful Bidder shall be fully responsible to the City for the acts and omissions of the Subcontractor(s) and their employees, as for acts and omissions of persons employed by the Successful Bidder. 2.20 FEDERALLY FUNDED PROJECTS (A) INTRODUCTION This section applies to all projects funded with federal dollars. Section 2.1 also applies to these Groups. Bidders must use the applicable Federally Funded Bid Pricing for this bid when pricing for all the groups- (B) LOCAL PREFERENCE Local Preference referenced per Section 1.48 does not apply to this Solicitation. (c) DAVIS-BACON ACT Federally assisted construction contracts must adhere to Davis -Bacon Act wages and benefits rate schedules. Each Bidder shall use the Federal Wages reflected in Wage General Decision Number- FL 180260 01/12/2018 FL260 in developing its bid for this project. The selected bidder/contractor shall be required to provide certified payroll records documenting the work performed on this project. Wage General Decision Number- FL 180260 01/12/2018 FL260 can be found in the Documents Section under. (d) COMPLI_ANCE WITH THE COPELAND "ANTI -KICKBACK" ACT 1. The Contractor shall comply with 18 U.S.C. § 3145, and the requirements of 29 C.F.R. pt. 3 as may be applicable, which are incorporated by reference into this contract. 1 /14/2021 6:30 AM p. 45 City of Miami Solicitation 1254386 Invitation for Bid (IFB) 1254386 2. The Contractor or subcontractor shall insert in any subcontracts the clause above and such other clauses as the FEMA may be appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The Contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all of these contract clauses. 3. A breach of the contract clauses above may be grounds for termination of the contract, and for debarment as a Contractor and subcontractor as provided in 29 C.F.R. § 5.12. (e) COMPLIANCE WITH THE CONTRACT WORK HOURS & SAFETY STANDARDS ACT 1. Overtime Requirements: No Contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty (40) hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one half time the basic rate of pay for all hours worked in excess of forty (40) hours in such workweek. 2. Violation; liability for unpaid wages; liquidated damages: In the event of any violation of the clause set forth in paragraph (1) of this section, the Contractor and any subcontractor responsible therefore shall be liable for the unpaid wages. In addition, such Contractor and subcontractor shall be liable to the United States (in case of the work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (1) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty (40) hours without payment of the overtime wages required by the clause set forth in paragraph (1) of this section. 3. Withholding for unpaid wages and liquidated damages: The City of Miami shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the Contractor or subcontractor under any such contract or any other Federal contract with the same Contractor, or any other federally -assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the Contractor, such sums as may be determined to be necessary to satisfy any liabilities of such Contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2) of this section. 4. The Contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (1) through (4) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontract. The Contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraph (1) through (4) of this section. (1) NOTIFICATION TO PERFORM WORK The Successful Bidder shall notify the Project Manager when an employee is on the property and for what purpose. (g) BACKGROUND CHECKS The Successful Bidder shall be required to comply with the background screening specifications as listed in the Jessica Lunsford Act, Florida Statue § 1012-32. The law requires that before contract personnel are permitted access on grounds when children are present, or if they will have direct contact with children, or have access to or control of school funds, they must have completed Level Two (2) screening requirements. Prior to commencement of the project, the Successful Bidder shall provide Level Two (2) background screening results for all employees completing the work on park grounds. (h) EQUAL EMPLOYMENT OPPORTUNITY During the performance of this contract, the Contractor agrees as follows: 1 /14/2021 6:30 AM p. 46 City of Miami Solicitation 1254386 Invitation for Bid (IFB) 1254386 1. The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Contractor will take affirmative action to ensure that applicants are employed, and the employees are treated during employment without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2. The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive considerations for employment without regard to race, color, religion, sex, or national origin. 3. The Contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representative of the Contractor's commitments tinder this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 5. The Contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. 6. In the event of the Contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions as may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. 7. The Contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or order of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, That in the event a Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency the Contractor may request the United States to enter into such litigation to protect the interests of the United States. (i) CLEAN AIR ACT 1. The Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq. 2. The Contractor agrees to report each violation to the City of Miami and understands and agrees that the City of Miami will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. 3. The Contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA. (j) FEDERAL WATER POLLUTION CONTROL ACT 1. The Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C.1251 et seq. 2. The Contractor agrees to report each violation to the City of Miami and understands and agrees that the City of Miami will, in turn, report each violation as required to assure notification to the Federal 1 /14/2021 6:30 AM p. 47 City of Miami Solicitation 1254386 Invitation for Bid (IFB) 1254386 Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. 3. The Contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA. (k) NO OBLIGATION BY FEDERAL GOVERNMENT The Federal Government is not a party to this contract and is not subject to any obligation or liabilities to the non -Federal entity, Contractor, or any other party pertaining to any matter resulting from the contract. (1) PROGRAM FRAUD & FALSE OR FRAUDULENT STATEMENTS OR RELATED ACTS The Contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the Contractor's actions pertaining to this contract. (m) BYRD ANTI -LOBBYING AMENDMENT, 31 U.S.C. § 1352 (AS AMENDED) Bidders who bid for an award of $100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer, or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non -Federal funds that take place in connection with obtaining any Federal award. Such disclosures are forwarded form tier to tier up to the recipient. Please refer to Documents Section of this solicitation for the "Certification Regarding Lobbying" attachment. Tt is MANDATORY for the Bidders to return this form signed along with their bid. (n) PROCUREMENT OF RECOVERED MATERIALS In the performance of this contract, the Contractor shall make maximum use of products containing recovered materials that are EPA -designated items unless the product cannot be acquired; a. Competitively within a timeframe providing for compliance with the contract performance schedule; b. Meeting contract performance requirements; or c. At a reasonable price. Information about this requirement, along with the list of EPA -designate items, is available at EPA's Comprehensive Procurement Guidelines web site, https://www_epa.gov/smm/comprehensive-procurement-guideline-cpg-program. (o) DHS, SEAL, LOGO, AND FLAGS The Contractor shall not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA pre -approval. (p) COMPLIANCE WITH FEDERAL LAW, REGULATIONS, AND EXECUTIVE ORDERS This is an acknowledgement that FEMA financial assistance will be used to fund this contract only. The Contractor will comply with all applicable federal law, regulations, executive orders, FEMA policies, procedures, and directives- (q) ACCESS TO RECORDS 1 /14/2021 6:30 AM p. 48 City of Miami Solicitation 1254386 Invitation for Bid (I1713) 1254386 1. The Contractor agrees to provide the City of Miami, (insert name of project manager), the FEMA Administrator, the Comptroller General of the United States, or any of their authorized representatives access to any books, documents, papers, and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts, and transcriptions_ 2_ The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. 3. The Contractor agrees to provide the FEMA Administrator or his authorized representatives' access to construction or other work sites pertaining to the work being completed under the contract. (r) SUSPENSION AND DEBARMENT (IN ADDITION TO GENERAL TERMS AND CONDITIONS, SECTION 1.25) 1. This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such the Contractor is required to verify that none of the Contractor, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935). 2. The Contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. 3. This certification is a material representation of fact relied upon by City of Miami. If it is later determined that the Contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the State of Florida, and the City of Miami, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. 4. The Contractor agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The Contractor further agrees to include a provision requiring such compliance in its lower tier covered transactions. 2.21 NON -FEDERALLY FUNDED PROJECTS (a) INTRODUCTION This section applies to all projects that are non -federally funded. Section 2.1 also applies to this Group. Bidders must use the applicable Bid Pricing for this bid. (b) LOCAL PREFERENCE Local Preference referenced per Section 1.48 applies to this Solicitation. (c) LIVING WAGE Living wage ordinance applies for all non -federally funded projects as stated on 1.38 FLORIDA MINIMUM WAGE AND CITY OF MIAMI LIVING WAGE ORDINANCE 2.22 RESPONSE TIME A maximum two (2) hour response time is required subsequent to notification of need by authorized City of Miami Police or Fire/Rescue personnel or be subject to Liquidated Damages as reflected in Section 2.48 for Groups 1-4. For group 5, response time will be indicated in each request. 2.23 SAFETY MEASURES The Successful Bidder shall take all necessary precautions for the safety of employees, and shall erect and properly maintain at all times all necessary safeguards for the protection of the employees and the public. Danger signs warning against hazards created by their operation and work in progress must be posted. 1 /14/2021 6:30 AM p. 49 City of Miami Solicitation 1254386 Invitation for Bid (IFB) 1254386 All employees of Successful Bidder shall be expected to wear safety glasses or goggles, appropriate clothing, and hearing protection when and wherever applicable. The Successful Bidder shall use only equipment that is fully operational and in safe operating order. The Successful Bidder shall be especially careful when servicing property when pedestrians and/or vehicles are in close proximity - work shall cease until it is safe to proceed. 2.24 USE OF PREMISES The Successful Bidder(s) shall confine his/her equipment, apparatus, the storage of materials, and the operation of his/her workmen to the limits indicated by law, ordinances, permits, or direction of the project manager, and shall not unreasonably encumber the premises with his/her materials. The Successful Bidder(s) shall take all measures necessary to protect his/her own materials_ 2.25 DAMAGES TO PUBLIC/PRIVATE PROPERTY The Successful Bidder shall carry out the work with such care and methods as not to result in damage to public or private property adjacent to the work. Should any public or private property be damaged or destroyed, the Successful Bidder, at their expense, shall repair or make restoration as is practical and acceptable to the City and/or owners of destroyed or damaged property promptly within a reasonable length of time. (Not to exceed one month from date damage was done). 2.26 COMPLETED SERVICES The City shall be notified by the Successful Bidder(s) upon completion of services performed. The City shall inspect and approve same before authorizing payment. Services not satisfactorily completed shall be redone by the Successful Bidder at no additional charge to the City. 2.27 RECORD KEEPING As stated in Section 3.6, Record Keeping, the Successful Bidder shall prepare and submit a response form, detailing incident particulars to the requesting City of Miami Department. Response technician and City of Miami Project Manager or designee at the incident location must sign the form following any clean-up. A copy of the form is to be left with the City of Miami Project Manager or designee following clean-up and submit a copy with the invoice. The Successful Bidder shall retain a record of all reports, information, receipts, and clean-up documentation (keep all files confidential). Only City of Miami Project Manager or designee shall have access to all City of Miami files retained by Successful Bidder. 2.28 STRUCTURE OF GROUP 5- POOL OF VENDORS It is the City's intention that to create a Pool of Successful Bidder's to be available to provide the requested services as needed. The Pool will have as many members as the City deems appropriate. The City may periodically add members and categories. The addition of new members and/or categories will be done through a competitive process using the minimum qualification requirements established in this Solicitation, as described in Section 2.8 Bidder's Minimum Requirements. At the City's discretion, members may be dropped from the Pool for lack of participation, which shall include failure over a reasonable time to propose on Spot Market Quote Requests ("Quotes") offered through the Pool, poor performance in executing a quote, being in arrears in obligations to the City, and any other reason specified by City policies and/or procedures. Successful Bidders shall maintain the qualifications of the firm and proposed personnel at a standard consistent and equivalent to the qualification submissions submitted in response to this IFB. 2.29 GROUP 5- SPOT MARKET PRICING PROCEDURE Successful Pre -qualified Bidders in this group will participate in subsequent spot market quotations as required by the City, on an as- needed basis. Spot market pricing procedures may be initiated either by User Department or the Department of Procurement. In general, written spot market quotes will be gathered from all vetted pre -qualified vendors 1 /14/2021 6:30 AM p. 50 City of Miami Solicitation 1254386 Invitation for Bid (IFB) 1254386 for the decontamination, disinfecting and/or sanitation of the City's buildings, facilities and/or vehicles Spot market quotations will include the technical specifications and any terms and conditions specific for the specialty job requested. All members submitting a spot market quote must abide by the deadlines stated in the quote request. The City reserves the right to verify the information submitted by the Successful Bidder's and to obtain and evaluate additional information, as it deems necessary, to ascertain the Successful Bidder's conformance to the minimum requirements. 2.30 METHOD OF PAYMENT Full payment will be made upon receipt of invoice and acceptance of a completed clean-up job. No down or partial down payments will be made. 2.31 PRIMARY CLIENT (FIRST PRIORITY) The Successful Bidder(s) agree upon award of this contract that the City of Miami shall be its primary client and shall be serviced first during a schedule conflict arising between this contract and any other contract Successful Bidder(s) may have with any other cities and/or counties to perform similar services as a result of any catastrophic events such as tornadoes, hurricanes, severe storms or any other public emergency impacting various areas during or approximately the same time. 2.32 FAILURE TO PERFORM Should it not be possible to reach the Successful Bidder(s) and/or should remedial action not be taken within forty-eight (48) hours of any failure to perform according to specifications, the City reserves the right to declare Successful Bidder(s) in default of the contract or make appropriate reductions in the contract payment. 2.33 LIQUIDATED DAMAGES Successful Bidder(s) shall respond to all items by the guaranteed response time specified by the City in Section 2.22 Response Time, of this Solicitation. If the Successful Bidder(s) fails to arrive within the specified arrival time, it is understood that up to a $150.00 amount of the total invoice price may be deducted, as liquidated damages, for each one (1) hour period beyond the specified arrival time (not to exceed the total amount of the job), not as a penalty, but as compensation for the potential Risk, Health, Safety, and Liability exposure to the City. 2.34 ADDITIONS/DELETIONS OF FACILITIES/ITEMS/SERVICES/SUPPLIER(S) Although this Solicitation identifies specific facilities/items/services/supplier(s) to be serviced, it is hereby agreed and understood that any facilities/items/services/supplier(s) may be added/deleted to/from this contract at the option of the City. When an addition to the contract is required, the Successful Bidder(s) under this contract shall be invited to submit price quotes for these new facilities/items/sery ice s/supplier(s). If these quotes are comparable with market prices offered for similar facilities/items/services/supplier(s), they shall be added to the contract, whichever is in the best interest of the City, and an amendment and a separate purchase order shall be issued by the City_ 2.35 TERMINATION A. FOR DEFAULT If Successful Bidder defaults in its performance under this Contract and does not cure the default within thirty (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's fai lure 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 thirty (30) days prior written notice when it is 1 /14/2021 6:30 AM p. 51 City of Miami Solicitation 1254386 Invitation for Bid (IFB) 1254386 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. 2.36 ADDITIONAL TERMS AND CONDITIONS No additional terms and conditions included as part of your solicitation response shall be evaluated or considered, and any and all such additional terms and conditions shall have no force or effect and are inapplicable to this solicitation. If submitted either purposely, through intent or design, or inadvertently, appearing separately in transmittal letters, specifications, literature, price lists or warranties, it is understood and agreed that the General Conditions and Special Conditions in this solicitation are the only conditions applicable to this solicitation and that the Bidder's authorized signature affixed to the Bidder's acknowledgment form attests to this. If a Professional Services Agreement ("PSA") or other Agreement is provided by the City and is expressly included as part of this solicitation, no additional terms or conditions which materially or substantially vary, modify or alter the terms or conditions of the PSA or Agreement, in the sole opinion and reasonable discretion of the City will be considered. Any and all such additional terms and conditions shall have no force or effect and are inapplicable to this PSA or Agreement. 1 /14/2021 6:30 AM p. 52 City of Miami Solicitation 1254386 3 Specifications 3.1 SPECIFICATIONS/SCOPE OF WORK Invitation for Bid (IFB) 1254386 The Successful Bidder(s) shall furnish all equipment, labor, services and materials to perform all work necessary to provide decontamination, remediation, and disinfection of all types of Bio-Hazardous Waste, Hydrocarbon, Chemical Hazards, or Spills_ Successful Bidder(s) shall respond to incidents such as, but not limited to, hazardous materials ("Hazmat") clean-up, including blood and other biological hazardous waste clean-up, crime scene clean-up, and more as deemed necessary by the City of Miami ("City"). Bidder shall provide cleaning, decontaminating, and disposing services, not limited to the following 1. Automobiles (vehicles of all types); 2. Traffic Accidents; 3. Homicides sites; 4. Suicides sites; 5. Decompositions; 6. Tear gas; 7. Rodent/droppings; 8. Hoarders/clutter; 9. Fingerprint dusting; 10. Human/animal waste/odor; 11. Fire damages; 12. Water damage; and 13. Hydrocarbon or chemical spills_ 14. Holding cells 15_ Floors 16. Ceilings 17. Furniture 18. Walls 19. Countertops 20. Interview rooms 21. Equipment 3.2 DECONTANIINATION Area to be decontaminated with a broad spectrum of EPA Registered/Approved cleansers (i.e. Cavicide) and remediation materials. 3.3 DISPOSAL All contaminated materials will be treated and lawfully disposed of as bio-hazardous waste as regulated under Florida Department of Health Chapter 64E-16 F.A.C. Successful Bidder(s) shall provide the City with a Certificate of Destruction from the bio-hazard destruction company for all bio-hazardous materials destroyed_ 3.4 GROUPS GROUP 1: Bio-Hazardous Clean-up Services - Decontamination, Remediation and Disinfection of all Bio- Hazardous Waste, Hydrocarbon, Chemical Hazards, or Spills shall be billed based upon the following requirements (the following incidents are considered "normal' and will be set at a flat fee for one (1) hour maximum billing): a. Police Vehicle Clean-up; b. Police Interview Room Clean-up; and c. Successful Bidder will provide clean-up of all surfaces that are contaminated with blood borne pathogens, semen, and vaginal and/or other secretions that might contain these fluids such as saliva, vomit, urine, or feces of a significant quantity or size. 1 /14/2021 6:30 AM p. 53 City of Miami Solicitation 1254386 Invitation for Bid (IFB) 1254386 GROUP 2: Any time that the Successful Bidder(s) is/are dispatched to a trauma scene or any other scene on City owned public property, billing shall be charged at an established two (2) hour maximum flat fee for Decontamination, Remediation, and Disinfection of all Bio-Hazardous Waste, Hydrocarbon, Chemical Hazards, or Spills shall be billed based upon the following requirements: a. A two (2) crew member team of Bio-Hazard or Hazmat Remediation Technicians, as required; b. Up to two (2) hours of labor; c. All transportation is included in rate; d. Up to two (2), thirty-five (35) gallon Bio-Hazard/Hazmat boxes including lawful disposal; e. Lawful disposal of up to ninety-six (96) gallons of liquid Bio-Hazard/Hazmat waste, and; f. Basic supplies for cleaning and remediation including personal protective equipment (PPE), Hazmat materials, red bags, chemicals, etc. GROUP 3: Any scene involving more time, beyond the two (2) hour flat fee for Decontamination, Remediation, and Disinfection of all Bio-Hazardous Waste, Hydrocarbon, Chemical Hazards, or Spills shall be billed based upon the following requirements below: a. Hourly Rate Per Technician; b. Rate per additional thirty-five (35) gallon Bio-Hazard/Hazmat box including lawful disposal, and; c. Flat rate per additional ninety-six (96) gallon liquid Bio-Hazard/Hazmat container including lawful disposal. GROUP 4: All-inclusive cost for Pressure Cleaning and existing inlet/manholes impacted by illegal spill as indicated by City's Project Manager or designee (i.e. such as motor car oil/transmission spills, household paint, antifreeze, grease, cooking oil, etc.). GROUP 5: Decontamination/Disinfection and or Sanitation Services - of City of Miami buildings, facilities and/or vehicles. All Successful Bidder(s) in the vendor pool list will be sent a quote request via email, where they will be given a detailed description of the specialty job with number of vehicles and square footage of location and timeline of the specialty job to be provided. Each quote request shall have a deadline for quote submission. The lowest quote will be sent an email and/or phone call to provide the service as quoted_ Services shall commence by the timeline that was stated in each request. When Successful Bidder is at job site location and there is additional work to be done from that initially stated on the quote, Successful Bidder shall inform and receive email or written approval from the Project Manager before performing additional outside of the scope that was originally submitted and approved in the initial spot market quote request. All other quote submissions will receive an email notifying the vendor their quote was not the lowest quote. Successful Bidder(s) shall provide a list of chemicals used to decontaminate, disinfect and or sanitize at any request by City employees. All products must be approved and be stated on the Environmental Protection Agency ("EPA") list and used properly as stated in Center for Disease Control ("CDC") Guidelines. Successful Bidder shall decontaminate, disinfect and/or sanitize all surfaces that are contaminated with what might contain fluids such as saliva or any fluid that may spread viral diseases (i.e. Covid-19, Hepatitis, Ebola, Smallpox, SARS, Tuberculosis). Successful Bidder shall use an electrostatic machine and/or equal product as well as disinfectant wipes as needed. 1 /14/2021 6:30 AM p. 54 City of Miami Solicitation 1254386 GY�Y UF' R y i, * M14! GRATE is 16 1 'IF CITY OF MIAMI LOCAL OFFICE CERTIFICATION (City Code, Chapter 18, Article III, Section 18-73) IFB 41254386 Solicitation Type and Number: (i.e. IFQ/IFB/RFP/RFQ/RFLI No. 123456) Solicitation Title: Decontamination/Disinfection and or Sanitation Services of- City of Miami buildings, facilities and/or vehicles (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. FORM -City — Miam i L... i Office C—ifi—i- 1 /1I j,?Q,c'2b%30 AM p. 55 City of Miami Solicitation 1254386 PLEASE PROVIDE THE FOLLOWING INFORMATION: Bidder/Proposer Local Office Address: 2297 NE 164th St North Miami Beach FL 33160 Does Bidder/Proposer conduct verifiable, full- time, on -site employment at the local office 0 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 ❑ YES ❑ NO ❑ N/A enclosed a copy of the lease? City of Miami: ❑ YES ❑ 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: ❑� YES ❑ NO ❑ Exempt Cite Exemption: Has Bidder/Proposer enclosed a copy of the license, certificate of competency and certificate of use that authorizes the ❑ YES ❑ NO performance of Bidder/Proposer's business 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 1-19-2021 FORM -City — Mi. m i L... i Office C—ifi—ti- 1 /1 4/?yft%30 AM p. 56 City of Miami Solicitation 1254386 STATE OF FLORIDA COUNTY OF Certified to and subscribed before me this day of (NOTARY SEAL) Personally Known Type of Identification Produced_ 20 , by (Signature of Notary Public -State of Florida) (Name of Notary Typed, Printed, or Stamped) OR Produced Identification FORM -City — Mi. m i L... i Office C—ifi—ti- 1 /1 4/?yft%30 AM p. 57 POLICY NUMBER: APM- 2-19 DATE: March 26 2019 ISSUED BY: Emilio T. Gonzalez, Ph. D. Citvna er/Desi e SIGNATURE CITY 6t"MiAMI ADMINISTRATIVE POLICY REVISIONS Solicitation 1254386 REVISED DATE OF SECTION REVISION Created 3126/19 SUBJECT: ELIMINATING THE PROCESS OF CURING IRREGULARITIES IN DOCUMENTS SUBMITTED IN RESPONSE TO REQUEST FOR QUALIFICATIONS (RFQ), REQUEST FOR PROPOSALS (RFP), REQUESTS FOR LETTERS OF INTEREST (RFLI), INVITATION FOR BIDS (IFB), INVITATION TO BID (ITB), INVITATION TO QUOTE (ITQ), AND REQUEST FOR SPONSORSHIP (RFS) EFFECTIVE MAY 6, 2019 PURPOSE: To improve the procurement solicitation process in order to provide internal and external customers with a more efficient and effective procurement of goods and services for the City of Miami. This APM establishes guidelines that eliminate the process of curing irregularities in proposals and bids submitted in response to RFQs, RFPs, RFLI's IFBs, ITBs, ITQs and RFS. BACKGROUND: Currently, the Department of Procurement ("Procurement") allows Proposers and Bidders to cure certain deficiencies, deviations, irregularities, omissions, and/or technicalities in proposals and bids submitted to the City in response to RFQs, RFPs, RFLIs, IFBs, ITBs, ITQs and RFS. In collaboration with the Department of Innovation and Technology ("Dolt"), Procurement has identified the process of curing as the cause of significant delays in formal solicitation process. When proposals and bids require a cure, Procurement sends out a "Notice to Cure" to Proposers and Bidders who are then given additional time to correct, complete, and re -submit the required documents. The process of curing is time intensive and delays the procurement of necessary goods and services for the City; it prolongs the due diligence review period and it stalls and delays the evaluation and selection process, resulting in the extension of time between the issuance of an RFP, RFQ, RFLI, IFB, ITB, ITQ, or RFS solicitation and its award date. 1 /14/2021 6:30 AM p. 58 City of Miami Solicitation 1254386 City of Miami APM 2-19 Elimination of Curing Irregularities in Documents Submitted for RFQs, RFPs, RFLI's IFBs, ITBs, ITQs and RFS Eliminating the process of curing will streamline and improve the overall procurement solicitation process while making it more efficient by removing a source of delay, and more effective by concentrating due diligence reviews only on complete and responsive proposals and bids. Additionally, it is not a common procurement industry practice to allow cures. Other local public agencies such as Miami -Dade County and the Miami -Dade County Public School System do not presently allow cures in such similar instances. GUIDELINES: Procurement will only review and evaluate proposals and bids that have been deemed responsive. Responsive bids and proposals responses are defined by our Procurement Code.' Prospective Proposers and Bidders should understand that non -responsive proposals or bids will not be reviewed and will be eliminated from the evaluation and selection process. The City will not consider the curing of any proposal or bid that fail to meet the minimum qualifications or submission requirements of an RFQ, RFP, RFLI, IFB, ITB, ITQ, or RFS as applicable. Material deficiencies, deviations, irregularities, omissions, and/or technicalities are not waivable. Proposals and bids submitted with deficiencies, irregularities, omissions, and/or technicalities that deviate from the minimum qualifications and/or submission requirements for RFQs, RFPs, RFLIs, IFBs, ITBs, ITQs and RFS shall result in a non -responsive determination. The following list includes, but is not limited to, proposal and bid deficiencies, deviations, irregularities, omissions, and/or technicalities that shall result in a non -responsive determination for any solicitation issued on or after May 6, 2019: If a proposal or bid is missing forms, or contains unnotarized forms, unsigned forms, incorrect forms, or forms signed by any individual, other than the Proposer or Bidder, Proposer's or Bidder's team members, and/or individuals attesting to the stated project experience, the Proposer or Bidder will not be given time to cure the proposal or bid, and the City shall deem such proposal or bid non -responsive. The City, at its sole discretion, reserves the right to waive minor deviations not listed above. Such minor deficiencies, deviations, irregularities, omissions, or technicalities may be timely cured by the Proposer or Bidder, at the sole discretion of the City. Material (i.e. substantial or notable) deficiencies, deviations, irregularities, omissions, or technical issues cannot be cured by the Proposer or Bidder and are not waivable by the City. For illustrative guidance please see below an excerpt from State of Florida procurement instructions which discuss the difference in plain language between material and minor variances. Responsive bidder, proposer, offeror, or respondent means a business which has submitted a bid, offer, proposal, quotation or response which conforms in all material respects to the solicitation. Sec. 18-73, City Code. (Excerpt from 2012 WL 1155290 (F1a.Div.Admin.Hrgs.) Mandatory Responsiveness Requirements: Terms, conditions or requirements that must be met by the proposer to be responsive to this RFP. The responsiveness requirements are mandatory. Failure to meet the responsiveness requirements will cause rejection of a proposal. Any proposal rejected for failure to meet mandatory responsiveness requirements will not be evaluated- 2 1 /14/2021 6:30 AM p. 59 City of Miami Solicitation 1254386 City of Miami APM 2-19 Elimination of Curing Irregularities in Documents Submitted for RFQs, RFPs, RFLI's IFBs, ITBs, ITQs and RFS 1.15 Material Deviations: The Department has established certain requirements with respect to proposals to be submitted by Proposers. The use of shall, must or will (except to indicate simple futurity) in this RFP indicates a requirement or condition which may not be waived by the Department except where any deviation therefore is not material. A deviation is material if, in the Department's sole discretion, the deficient response is not in substantial accord with this RFP's requirements, provides an advantage to one Proposer over other Proposers, or has a potentially significant effect on the quantity or quality of items or services proposed, or on the cost to the Department. Material deviations cannot be waived and shall be the basis for rejection of a response. Because this is an RFP, the Department will apply this definition liberally in reviewing responses in regard to service delivery. 1.16 Minor Irregularity: A variation from the RFP terms and conditions which does not affect the price proposed or gives the proposer an advantage or benefit not enjoyed by the other proposers or does not adversely impact the interests of the Department. 3 1 /14/2021 6:30 AM p. 60 City of Miami Solicitation 1254386 CITY OF MIAMI LIVING WAGE ORDINANCE ARTICLE X. - LIVING WAGE REQUIREMENTS FOR SERVICE CONTRACTS AND CITY EMPLOYEES21 Footnotes: --- (9) --- Nate-- Section 5 of Ord. No. 12787 states that this article shall be effective October 1, 2006. Editor's note— Prior to the adoption of Ord. No. 12787, Ord No. 12023, § 2, adopted December 9, 2004: repealed article X. divisions 1-4, in its entirety; which pertained to tie economic development financing authorty and derived fron, Ord. No. 12062, § 3, adopted May 10, 2001. Sec. 18-556. - Definitions. City means the government of the City of Miami or any authorized agents, any board, agency, commission, department, or other entity thereof, or any successor thereto. Contract means any contract to provide services to the city in which the total value of the contract exceeds $100,000.00 per year. Contractor means any "for profit' individual, business entity, corporation, partnership, limited liability company, joint venture; or similar business entity which meets the following criteria: (1) The contractor is paid in whole or part from one or more of the city's general funds, capital project funds, special revenue funds, or any other funds, including, but not limited to, grants, donations, and the like, whether by competitive bid process, requests for proposals, or some other form of competitive solicitation, negotiation, or agreement, or any other decision to enter into a contract; and (2) The contractor is engaged in the business of or part of a contract to provide services for the benefit of the city. This section shall apply to employees of the contractor who spend the majority of their time on covered City of Miami service contracts. If the contract is for both goods and services it shall only apply to the services portion of such contract. This section shall not apply to contracts which are primarily for the sale or leasing of goods. Goods are defined in section 18-73 of the City Code. Covered employee means anyone employed by the city working more than 35 hours per week or any service contractor employee, working full or part-time, with or without benefits, that is involved in providing services under the service contractor's contract with the city. Covered employer means the city and any and all service contractors and subcontractors of a service contractor. Living wage means a wage that is as defined in section 18-557 of this Code. The living wage may be adjusted once 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). New service contracts means those having contracts competitively solicited and awarded on or after January 1, 2017. Page 1 1 /14/2021 6:30 AM p. 61 City of Miami Solicitation 1254386 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. (Ord. No. 12787, § 2, 4-6-06; Ord. No. 13648, § 2, 11-17-16) Sec. 18-557. - Living wage. (a) Living wage paid. (1) New service contractors. All new service contracts shall pay to all its employees who provide covered 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 as defined in this section unless otherwise excluded pursuant to this article. (2) Existing service contracts. Service contracts awarded and effective or competitively solicited prior to January 1, 2017, shall not be subject to the payment of the living wage set forth in this section and shall continue to be governed by the terms and conditions of the respective solicitation and resulting contractual documents, when applicable. (3) The living wage provisions shall apply to all contracts covered by this section unless specifically excluded by one or more subsections below: a. The living wage provision is disallowed by a federal or state law or regulation, grant requirements, or by a contract the city is accessing by "piggybacking", and which contract does not include a living wage provision; b. Funding sources for the contract disallow the living wage provision or provide contradictory funding requirements, or are contained in a contract awarded or solicited prior to the effective date of January 1, 2017, and which contract includes renewals or extensions; c. Professional service contracts awarded under the "Consultants Competitive Negotiation Act", F.S. § 287.055, for the professional services within the scope of the practice of architecture, professional engineering, landscape architecture, registered surveying, and/or mapping; d. The living wage provision is waived by the city commission by resolution, prior to issuance of the competitive solicitation document, upon written recommendation of the city manager or authorized designee, when the city commission finds it is in the best interest(s) of the city to approve such waiver, in which case the living wage provision shall not apply in the competitive solicitation document; or e. All responsible wage construction contracts covered by section 18-120 of this Code. (4) City employees. For covered employees of the city, the city will begin to pay the living wage on a phase - in basis over a nine-year period beginning with the 2006-2007 city budget year to be implemented in the 2014-2015 fiscal year. The city manager, in his sole discretion, without further city commission approval, shall have the option to consider whether it is in the city's best interest to complete the phase -in payment of living wage to city employees on a four-year period. Thereafter, the living wage to be paid by the city shall be subject to negotiations within the collective bargaining structure- (b) Health benefits, eligibility period. For a covered employer to comply with this article by choosing to pay the lower wage scale available when a covered employer also provides a standard health benefit plan, such health benefit plan shall consist of a payment of at least $1.81 per hour toward the provision of health benefits for covered employees and their dependents and shall be approved by the city. If the health benefit plan of the covered employer requires an initial period of employment for a new employee to be eligible for health benefits (the "eligibility period"), a covered employer may qualify to pay the $13.19 per hour wage scale for a term not to exceed the new employee's eligibility period„ provided the new employee will be paid health benefits upon completion of the eligibility period, which period shall not exceed 90 days. (c) Certification required before payment. Any and all service contracts subject to this article shall be void, and no funds may be released, unless prior to entering any such contract with the city, the service contractor certifies to the city that it will pay each of its covered employees no less than the living wage. A copy of this Page 2 1 /14/2021 6:30 AM p. 62 City of Miami Solicitation 1254386 certificate must be made available to the public upon request. The certificate, at a minimum, must include the following: (1) The name, address, and phone number of the employer, a contact person, and the specific project for which the service contract is sought; (2) The amount of the service contract and the city department the contract will serve. (3) A brief description of the project or service provided; (4) A statement of the wage levels for all covered employees; and (5) A commitment to pay all covered employees the living wage. (d) Observation of other laws. Every covered employee shall be paid without subsequent deduction or rebate on any account (except as such payroll deductions as are directed or permitted by law or by a collective bargaining agreement). The service contractor shall pay covered employees wage rates in accordance with federal and all other applicable laws such as overtime and similar wage laws. (e) Posting. A copy of the living wage rate shall be kept posted by the service contractor subject to this article, at the site of the work in a prominent place where it can easily be seen and read by the covered employees and shall be supplied to such employees within a reasonable time after a request to do so. Additionally, service contractors subject to this article, shall furnish a copy of the requirements of this article to any entity submitting a bid for a subcontract on any service contract subject to this article. Posting requirements will not be required where the service contractor subject to this article, prints the following statements on the front of the covered employee's first paycheck and every six months thereafter. "You are required by the City of Miami Living Wage Ordinance to be paid a living wage. If you do not believe you are being paid at the living wage rate, contact your employer, an attorney, or the City of Miami." All notices will be printed in English, Spanish and Creole. (f) Collective bargaining. Nothing in this article shall be read to require or authorize any service contractor subject to this article, to reduce wages set by a collective bargaining agreement or as required under any prevailing wage law. (Ord. No. 12787, § 2, 4-6-06; Ord. No. 13110, § 2, 10-22-09; Ord. No. 13405, § 2, 9-26-13; Ord. No. 13648, § 2, 11-17-16) Sec. 18-558. - Implementation. (a) Maintenance of payroll records. Each service contractor to which living wage requirements apply, as described in this article, shall maintain payroll record for all covered employees and basic records relating thereto and shall preserve them for a period of three years from the date of termination or expiration of the service contract. The records shall contain: (1) The name and address of each covered employee; (2) The job title and classification; (3) The number of hours worked each day; (4) The gross wages earned and deductions made; (5) Annual wages paid; (6) A copy of the social security returns and evidence of payment thereof; (7) A record of fringe benefit payments including contributions to approved plans; and (8) Any other data or information the city shall require from time to time. (b) Reporting payroll. Every six months, the service contractor to which living wage requirements apply, as described in this article, shall file with the city's procurement director a listing of all covered employees together with a certification of compliance with this article. Upon request from the city, the service contractor shall produce for inspection and copying its payroll records for any or all of its covered employees for any Page 3 1 /14/2021 6:30 AM p. 63 City of Miami Solicitation 1254386 period covered by the service contract. The city may examine payroll records as needed to ensure compliance. (Ord. No. 12787, § 2, 4-6-06; Ord. No. 13110, § 2, 10-22-09) Sec. 18-559. - Compliance and enforcement. (a) Service contractor to cooperate. The service contractor shall permit city employees, agents, or representatives to observe work being performed at, in or on the project or matter for which the service contractor has a contract. The city representatives may examine the books and records of the service contractor relating to the employment and payroll of covered employees and may survey covered employees to determine if the service contractor is in compliance with the provisions of this article, (b) Complaint procedures and sanctions. An employee who believes that he/she is a covered employee of a service contractor and that the service contractor is or was not complying with the requirements of this article has a right to file a complaint with the procurement director of the city. Such complaints may be made at any time and shall be investigated within a reasonable period of time by the city. Written and oral statements by any such employee shall be treated as confidential and shall not be disclosed without the written consent of the employee to the extent allowed by the Florida Statutes. (c) Private right of action against service contractor. Any covered employee or former covered employee of a service contractor may, instead of utilizing the city administrative procedure set forth in this article, but not in addition to such procedure, bring an action by filing suit against the service contractor in any court of competent jurisdiction to enforce the provisions of this article and may be awarded back pay, benefits, attorney's fees, and costs. The applicable statute of limitations for such a claim will be two years as provided in F.S. § 95.11(4)(c) as may be amended from time to time for an action for payment of wages. The court may also impose sanctions on the service contractor, including those persons or entities aiding or abetting the service contractor, to include wage restitution to the affected covered employee and damages payable to the covered employee in the sum of up to $500.00 for each week the service contractor is found to have violated this article. (d) Sanctions against service contractors. For violations of this article, the city shall sanction a service contractor by requiring the service contractor to pay wage restitution at its expense for each affected employee. The city may also sanction the service contractor in at least one of the following additional ways: (1) The city may impose damages in the sum of $500.00 for each week for each covered employee found to have not been paid in accordance with this article; (2) The city may suspend or terminate payment under the service contract or terminate the contract with the service contractor; and (3) The city may declare the service contractor ineligible for future service contracts for three years or until all penalties and restitution have been paid in full, whichever is longer. In addition, any employer shall be ineligible for a service contract where principal officers of such employer were principal officers of a service contractor who has been declared ineligible under this article. (4) If the contract has been awarded under the city procurement ordinance, the city may debar or suspend the contractor as provided therein. (e) Public record of sanctions. All such sanctions recommended or imposed shall be a matter of public record. (f) Sanctions for aiding and abetting. The sanctions contained in this article shall also apply to any party or parties aiding and abetting in any violation of this article. (g) Retaliation and discrimination barred. A service contractor shall not discharge, reduce the compensation, or otherwise discriminate against any covered employee for making a complaint to the city, or otherwise asserting his or her rights under this article, participating in any of its proceedings or using any civil remedies to enforce his or her rights under this article. Allegations of retaliation or discrimination, if found true in a city administrative proceeding or by a court of competent jurisdiction, shall result in an order of restitution and reinstatement of a discharged covered employee with back pay to the date of the violation or such other relief as deemed appropriate. Page 4 1 /14/2021 6:30 AM p. 64 City of Miami Solicitation 1254386 (h) Remedies herein non-exclusive. No remedy set forth in this article is intended to be exclusive or a prerequisite for asserting a claim for relief to enforce the rights under this article or in a court of law. This article shall not be construed to limit an employee's right to bring a common law cause of action for wrongful termination. (Ord. No. 12787, § 2, 4-6-06; Ord. No. 13648, § 2, 11-17-16) Sec. 18-560. - Employers receiving direct tax abatement or subsidy. The city reserves the right to impose the living wage requirements of this article on or after January 1, 2017 on any employer as a condition of that employer receiving a direct tax abatement or subsidy from the city. (Ord. No. 13648, § 2, 11-17-16) Secs. 18-561-18-599. - Reserved. Page 5 1 /14/2021 6:30 AM p. 65 City of Miami Solicitation 1254386 INSURANCE ADDENDUM INSURANCE DEFINITIONS, REQUIREMENTS AND CONDITIONS The VENDOR/CONTRACTOR / CONSULTANT (AS APPLICABLE) agrees to provide and maintain throughout the life of this contract and at Vendor/Contractor/ Consultant's expense insurance coverage outlined herewith as applicable insuring all operations related to the contract and any extensions thereof. Workers Compensation and Employers Liability Statutory requirements per Chapter 440, Florida Statutes, as amended, are applicable, and this coverage is subject to the Laws of the State of Florida. This coverage protects against lawsuits stemming from workplace accidents. It provides for medical care to injured employees, along with compensation for lost income. Commercial General Liability It protects against accidents and injuries that occur on company property or the property of a customer. It compensates an injured person or owner of property for injuries and property damages, and the cost of defending lawsuits, including legal settlements or investigations. This policy also covers claims resulting from products exposures, libel, slander, copyright infringement, and other personal and advertisement injuries. Commercial Automobile Liability It protects against liability, no fault, medical payments, uninsured and underinsured motorists claims, collision and other than collision physical damage. In addition, this policy affords coverage on autos that are hired or borrowed or non -owned for use in the business. The non -owned can be autos owned by employees or members of their households. Non -Owned Auto exposures can be endorsed or added under the Commercial General Liability Policy. Professional/Errors and Omissions Liability Used by many professionals such as engineers, lawyers, accountants, stock brokers, financial advisers, insurance agents, court reports, dentists, nurses and teachers. It protects against the financial effects of liability lawsuits filed by clients. It basically protects professionals who cause harm to a client due to incompetence, errors , or negligence. 1 /14/2021 6:30 AM p. 66 City of Miami Solicitation 1254386 Umbrella Liability It protects against liability and losses after primary insurance benefits have been exhausted. This supplemental coverage kicks in only after the underlined liability policies have paid their maximum benefits. Environmental Liability It protects against the financial costs of claims of injury or damage due to pollution, and other costs of cleaning up pollutants. These policies are designed to cover both property and liability risks. Directors and Officers Liability This coverage protects against claims from stockholders, employees and clients that are also aimed individually at directors and officers. These claims typically stem from errors in judgement, breaches of duty and wrongful acts in connection with company business. Cyber Liability It protects against costs of the theft, destruction or unauthorized use of electronic data through computer viruses or network intrusions. It also adds protection to a business against such costs if a business fails to safeguard another party's electronic data. Companies sharing data outside their internal network benefit from this coverage Commercial Property It protects against claims or damages to the insured's buildings, business personal property and personal property of others. It can also provide for loss of business income coverage or extra expenses incurred because of physical loss by a covered peril to the insured's property. Commercial Crime It protects against loss of money, securities and other property because of a variety of criminal acts such as employee theft or embezzlement, burglary, robbery, forgery, computer fraud, kidnapping and extortion. Crime insurance also covers money and securities against damage or destruction by almost any cause of loss, not just crime. 1 /14/2021 6:30 AM p. 67 City of Miami Solicitation 1254386 Builders Risk It protects against damage to or destruction of buildings or other structures during their construction. Any party with a financial interest in a construction, remodeling, or repair project benefits from this coverage. Surety Bonds Surety bonds are three party contracts. The principal, the party that undertakes the obligation, pays for the issuance of a bond by a surety company. The bond provides capital to guarantee the obligation will be performed. The obligee is the party that receives the benefit of the bond If the obligation is improperly performed. If payment and performance bonds are required such bonds must be substantially in the form prescribed by Florida Statutes 255.05, as amended, and will be subject to the approval of the City of Miami Director of the Department of Risk Management. Valuable Papers It pays for the cost to reconstruct damaged or destroyed valuable papers and records. Typically is defined to include almost all forms of printed documents or records with the exception of money or securities, and data and media which is usually excluded. Additional Requirements The Vendor/Contractor must furnish the City of Miami, Department of Procurement, and Risk Management located at 444 S.W. 2nd Avenue Miami, Florida 33130, original Certificates of insurance to be in force on the date of this Contract, and Renewal Certificates of insurance thereafter. All policies indicated on the certificate must be in compliance with all Contract requirements. The failure of the City to obtain the applicable or corresponding certificates from Contractor is not a waiver by the City of any requirements for the Vendor/Contractor. The Vendor/Contractor must furnish Certificates insurance listing the City of Miami as an additional insured. All insurance certificates must be signed, dated and reference the City contract number. The insurance must provide for sixty (30) days prior written notice to be given to the City in the event coverage is substantially changed, canceled, or non -renewed. Any deductibles or self -insured retentions on referenced insurance coverages must be borne by Vendor/Contractor. The Vendor/Contractor further agrees to have insurers waive their rights of subrogation against the City of Miami, its employees, elected officials, agents, or representatives. The coverages and limits furnished by Vendor/Contractor in no way limit the Vendor/Contractor's liabilities and responsibilities specified within the Contract or law. Any insurance or self-insurance programs maintained by the City of Miami shall not contribute with insurance provided by the Vendor/Contractor under the Contract. 1 /14/2021 6:30 AM p. 68 City of Miami Solicitation 1254386 The required insurance to be carried is not limited by any limitations expressed in the indemnification language in this Contract or any limitation placed on the indemnity in this Contract given as a matter of law. If the Vendor/Contractor is a joint venture or limited liability company, the insurance policies must name the joint venture or Limited Liability Company and each of its separate constituent entities as named insureds. The Vendor/Contractor must require all subcontractors to provide the insurance required herein. All subcontractors are subject to the same insurance requirements of the Vendor/Contractor unless otherwise specified in this Contract. If the Vendor/Contractor or subcontractor desire additional coverages, the party desiring the additional coverages is responsible for the acquisition and cost. Notwithstanding any provision in the Contract to the contrary, the City of Miami Risk Management Department maintains and reserves the right to modify, delete, alter or change these requirements. Note: The duty to carry and maintain insurance during the life of the contract will survive the cancellation or expiration, as applicable, under the Contract. 1 /14/2021 6:30 AM p. 69 City of Miami Solicitation 1254386 . . . . .. .. . . .. . .. . . . . . .. . .. . . . . .. . . USA. Building.Restoratiwa ................. ........»» ........».............. » ................. • » • -3ture of C act r/ ntrao- •• •» •• • •• • •» • • •• ••» » » 7 .... ..................... Otto Hurtado/ Sales Manager/USA Building Restoration ............................................... ........�.-�:ZQZ�................................ . 1 /14/2021 6:30 AM p. 70 City of Miami Solicitation 1254386 24 HR Emergency Contact This contact information is only for emergency situations where the City of Miami needs to get in contact after regular working hours or while in a situation where the general contact information is not working properly. Contact No.1 Name: Otto Hurtado Email: admin@usabld.com Phone: (786) 570-1903 Employee Title: Sales Manager Contact No.2 Name: Sebastian Federico Email: sf@usabld.com Phone: (786) 714-8020 Employee Title: Director 1 /14/2021 6:30 AM p. 71 City of Miami Solicitation 1254386 Question and Answers for Solicitation #1254386 - Provision of Bio-Hazardous Waste, Spills and Decontamination Services 1 /14/2021 6:30 AM p. 72 City of Miami Invitation for Bid (IFB) � O R l,� . Procurement Department 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: Hard Copy Submittal Location: Contracting Officer E-Mail Address: Contracting Officer Facsimile: Miami Riverside Center 444 SW 2nd Avenue, 6t' Floor Miami, Florida 33130 Web Site Address: www.miamigov.com/procurement 1254386 Invitation for Bid for the Provision of Bio-Hazardous Waste, Spills and Decontamination Services 14-JAN-2021 08-FEB-2021 @ 14:00:00 Voluntary 20-JAN-2021 10:00:00 Virtual Via TEAMS Meeting 25-JAN-2021 @ 14:00:00 Giraldo, Victoria NO HARD COPY SUBMITTALS PERMITTED VictoriaGiraldo@miamigov.com 305-400-5361 Certification Statement Please quote on this form, if applicable, net prices for the item(s) listed. Return signed original and retain a copy for your files. Prices should include all costs, including transportation to destination. The City reserves the right to accept or reject all or any part of this submission. Prices should be firm for a minimum of 180 days following the time set for closing of the submissions. In the event of errors in extension of totals, the unit prices shall govern in determining the quoted prices. We (I) certify that we have read your solicitation, completed the necessary documents, and propose to furnish and deliver, F.O.B. DESTINATION, the items or services specified herein. The undersigned hereby certifies that neither the contractual party nor any of its principal owners or personnel have been convicted of any of the violations, or debarred or suspended as set in section 18- 107 or Ordinance No. 12271. All exceptions to this submission have been documented in the section below (refer to paragraph and section). EXCEPTIONS: We (I) certify that any and all information contained in this submission is true; and we (I) further certify that this submission is made without prior understanding, agreement, or connection with any corporation, firm, or person submitting a submission for the same materials, supplies, equipment, or service, and is in all respects fair and without collusion or fraud. We (I) agree to abide by all terms and conditions of this solicitation and certify that I am authorized to sign this submission for the submitter. Please print the following and sign your name: PROPOSER NAME: ADDRESS: PHONE: FAX: EMAIL: SIGNED BY: TITLE: CELL(Optional): DATE: FAILURE TO COMPLETE, SIGN, AND RETURN THIS FORM SHALL DISQUALIFY THIS RESPONSE. Certifications Legal Name of Firm: Entity Type: Partnership, Sole Proprietorship, Corporation, etc. Year Established: Office Location: City of Miami, Miami -Dade County, or Other Federal Employer Identification Number ("FEIN" ): Business Tax Receipt/Occupational License Number: Business Tax Receipt/Occupational License Issuing Agency: Business Tax Receipt/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, 1/7/20). 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? 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, Telephone Number and Email 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, Telephone Number and Email 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, Telephone Number and Email for above reference no. 3 Reference No. 3: Date of Contract or Sale for above reference no. 3 Reference No. 4: 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. 4: Address, City, State, and Zip for above reference company/agency listed: Reference No. 4: Name of Contact Person, Telephone Number and Email for above reference no. 4. Reference No. 4: Date of Contract or Sale for above reference no. 4. Reference No. 5: Name of Company/Agency for which Bidder is currently providing the service/goods as described in this solicitation, or has provided such services/goods in the past: Reference No. 5: Address, City, State, and Zip for above reference company/agency listed: Reference No. 5: Name of Contact Person, Telephone Number and Email for above reference no. 5. Reference No. 5: Date of Contract or Sale for above reference no. 5. Invitation for Bid (IFB) 1254386 IMPORTANT NOTICE TO BIDDERS: • FAILURE TO COMPLETE, SIGN AND UPLOAD THE CERTIFICATION STATEMENT, CERTIFICATIONS SECTION AND CERTIFICATION REGARDING LOBBYING WILL RENDER YOUR BID NON -RESPONSIVE. • FAILURE TO UPLOAD THE DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION/CERTIFICATION BIO-HAZARD WASTE, WILL RENDER YOUR BID NON -RESPONSIVE FOR GROUPS 1,2,3, AND 4. CONTACT BIDSYNC VENDOR SUPPORT TOLL -FREE NUMBER 800-990-9339, OR EMAIL SUPPORTkBIDSYNC.COM, FOR BIDSYNC TECHNICAL DIFFICULTIES AND PROBLEMS. • BIDDER MUST BID ON ALL LINES IN A GROUP OR THEY MAY BE DEEMED NON -RESPONSIVE FOR THAT GROUP. • BIDDER MUST COMPLETE AND UPLOAD 24HR EMERGENCY CONTACT FORM. Invitation for Bid (IFB) 1254386 Table of Contents Terms and Conditions L General Conditions 1.1. 1. General Terms and Conditions for Invitation for Bids (IFB) 2. Special Conditions 2.1. PURPOSE 2.2. PRE-BID/PRE-PROPOSAL CONFERENCE 2.3. DEADLINE FOR RECEIPT OF REQUEST FOR ADDITIONAL INFORMATION/CLARIFICATION 2.4. METHOD OF AWARD 2.5. TERM OF CONTRACT 2.6. CONDITIONS FOR RENEWAL 2.7. NON -APPROPRIATION OF FUNDS 2.8. BIDDERS MINIMUM QUALIFICATIONS 2.9. CERTIFICATE REQUIREMENTS/COMPLIANCE WITH FEDERAL STANDARDS 2.10. LICENSES, PERMITS, AND FEES 2.11. REFERENCES 2.12. INSURANCE REQUIREMENTS 2.13. NOTICE REGARDING CURES 2.14. TIE BIDS 2.15. PROJECT MANAGER 2.16. SUPERVISION AND AUTHORITY 2.17. FIXED AND FIRM PRICING 2.18. EQUITABLE ADJUSTMENT 2.19. SUBCONTRACTORS OF WORK SHALL BE IDENTIFIED 2.20. FEDERALLY FUNDED PROJECTS (a) INTRODUCTION (b) LOCAL PREFERENCE (c) DAVIS-BACON ACT (d) COMPLIANCE WITH THE COPELAND "ANTI-KICKBACK"ACT (e) COMPLIANCE WITH THE CONTRACT WORK HOURS & SAFETY STANDARDS ACT (f) NOTIFICATION TO PERFORM WORK (g) BACKGROUND CHECKS (h) EQUAL EMPLOYMENT OPPORTUNITY (i) CLEAN AIR ACT 0) FEDERAL WATER POLLUTION CONTROL ACT (k) NO OBLIGATION BY FEDERAL GOVERNMENT (1) PROGRAM FRAUD & FALSE OR FRAUDULENT STATEMENTS OR RELATED ACTS (m) BYRD ANTI -LOBBYING AMENDMENT, 31 U.S.C. § 1352 (AS AMENDED) (n) PROCUREMENT OF RECOVERED MATERIALS (o)DHS, SEAL, LOGO, AND FLAGS (p) COMPLIANCE WITH FEDERAL LAW, REGULATIONS, AND EXECUTIVE ORDERS (q) ACCESS TO RECORDS (r) SUSPENSION AND DEBARMENT (IN ADDITION TO GENERAL TERMS AND CONDITIONS, SECTION 1.25) 2.21. NON -FEDERALLY FUNDED PROJECTS (a) INTRODUCTION (b) LOCAL PREFERENCE (b) LIVING WAGE ORDINANCE Invitation for Bid (IFB) 1254386 2.22 RESPONSE TIME 2.23 SAFETY MEASURES 2.24 USE OF PREMISES 2.25 DAMAGES TO PUBLIC/PRIVATE PROPERTY 2.26 COMPLETED SERVICES 2.27 RECORD KEEPING 2.28 STRUCTURE OF GROUP 5- POOL OF VENDORS 2.29 GROUP 5- SPOT MARKET PRICING PROCEDURE 2.30 METHOD OF PAYMENT 2.31 PRIMARY CLIENT (FIRST PRIORITY) 2.32 FAILURE TO PERFORM 2.33 LIQUIDATED DAMAGES 2.34 ADDITIONS/DELETIONS OF FACILITIES/ITEMS/SERVICES/SUPPLIER(S) 2.35 TERMINATION 2.36 ADDITIONAL TERMS AND CONDITIONS 3. Specifications 3.1. SPECIFICATIONS/SCOPE OF WORK Invitation for Bid (IFB) 1254386 Terms and Conditions 1. General Conditions I.I. 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. LLACCEPTANCE OF GOODS - Any good(s) delivered under this Formal Solicitation, if applicable, shall remain the property of the Bidder until a physical inspection and actual usage of the good is made, and thereafter is accepted as satisfactory to the City. It must comply with the terms herein and be fully in accordance with specifications and of the highest quality. In the event the goods supplied to the City are found to be defective or do not conform to specifications, the City reserves the right to cancel the order upon written notice to the Successful Bidder/Contractor and return the product to the Successful Bidder/Contractor at the Successful Bidder/Contractor's expense. 1.2. ACCEPTANCE OF OFFER - The signed or electronic submission of a Bidder's response shall be considered an offer on the part of the Bidder; such offer shall be deemed accepted upon issuance by the City of a Purchase Order. 13. ACCEPTANCE/REJECTION - The City reserves the right to accept, reject any or all, or portion of responses after opening/closing date, and request re -issuance on the goods/services described in the Formal Solicitation. In the event of a rejection, the Director of Procurement shall notify all affected Bidders and provide a written explanation for such rejection. The City also reserves the right to reject the Response of any Bidder which has previously failed to properly perform under the Terms and Conditions of a City Contract, to deliver on time contracts of a similar nature, and which is not capable to perform the requirements defined in this Formal Solicitation. The foregoing is not an all-inclusive list of reasons for which a response may be rejected. The City further reserves the right to waive any irregularities, minor informalities, or technicalities in any or all responses and may, at its sole discretion, re -issue the Formal Solicitation. 1.4. ADDENDA - It is the Bidder's responsibility to ensure receipt of all Addenda. Responses to questions/inquiries from prospective Bidders will be provided in the form of an Addendum. Addenda are available at the Bidsync. 1.5. ALTERNATE RESPONSES -Alternate responses will not be considered, unless specifically requested by the City. 1.6. ASSIGNMENT - Successful Bidder/Contractor agrees not to subcontract, assign, transfer, convey, sublet, pledge, encumber, or otherwise dispose of the resulting Contract, in whole or in part, or any or all of its rights, title or interest herein, without the City's prior written consent. Invitation for Bid (IFB) 1254386 1.7. ATTORNEY'S FEES - In connection with any litigation, appellate, administrative, mediation, and/or arbitration arising out of the resulting Contract, each party shall bear their own attorney's fees through and including, appellate litigation and any post -judgment proceedings. 1.8. AUDIT RIGHTS AND RECORDS RETENTION -The Successful Bidder/Contractor agrees to provide access at all reasonable times to the City, or to any of its duly authorized representatives, to any books, documents, papers, and records of Successful Bidder/Contractor which are directly pertinent to this Formal Solicitation, for the purpose of audit, examination, excerpts, and transcriptions. The Successful Bidder/Contractor shall maintain and retain any and all of the books, documents, papers, and records pertinent to the resulting Contract for three (3) years after the City makes final payment and all other pending matters are closed. Successful Bidder's/Contractor's failure to, or refusal to comply with this condition, shall result in the immediate cancellation of this Contract by the City_ The Audit Rights set forth in Section 18-102 of the City Code apply as supplemental terms and are deemed as being incorporated by reference herein. 1.9. AVAILABILITY OF CONTRACT STATE-WIDE - Any governmental, not -for -profit, or quasi - governmental entity in the State of Florida, may avail itself of this Contract and purchase any, and all goods/services, specified herein from the Successful Bidder/Contractor at the Contract price(s) established herein, when permissible by Federal, State, and local laws, rules, and regulations. Additionally, any governmental entity outside of the State of Florida but, within the Continental United States of America, may avail itself to this Contract and purchase any and all goods/services, specified herein from the Successful Bidder/Contractor at the Contract price(s) established herein, when permissible by Federal, State, and local laws, rules, and regulations. Each governmental, not -for -profit or quasi -governmental entity which uses this Formal Solicitation and resulting Contract will establish its own Contract, place its own orders, issue its own purchase orders, be invoiced there from and make its own payments, determine shipping terms and issue its own exemption certificates as required by the Successful Bidder/Contractor. 1.10. AWARD OF CONTRACT - A. The Formal Solicitation, any addenda issued, the Bidder's response, and the Purchase Order shall constitute the entire Contract, unless modified in accordance with any ensuing Contract, or amendment. B. The award of a Contract, where there are Tie Bids, the tie breaker will be decided by the Director of Procurement or designee, in the instance that Tie Bids cannot be determined by applying Florida Statute 287.087, Preference to Businesses with Drug -Free Workplace Programs. C. The award of this Contract may be preconditioned on the subsequent submission of other documents as specified in the Special Conditions or Specifications/Scope of Work. Bidder may be found non -responsive if such documents are not submitted in a timely manner and in the form required by the City. Where Bidder is found non- responsive, the City, through action taken by the Department of Procurement, will void its acceptance of the Bidder's Response and may accept the Response from the next lowest responsive, responsible Bidder most advantageous to the City ormay re -solicit for the goods/services. The City, at its sole discretion, may seek monetary restitution from Bidder and/or its bid bond or guaranty, and/or similar security, if applicable, as a result of damages or increased costs sustained as a result of the Bidder's failure to satisfy the City's requirements. D. The term of the Contract shall be specified in one of three documents which shall be issued to the Successful Bidder. These documents may either be, a Purchase Order, Notice of Award, and/or Contract Award Sheet. E. The City reserves the right to automatically extend this Contract for up to one hundred twenty (120) calendar days beyond the stated Contract term, in order to provide City departments with continual service and supplies while a new Contract is being solicited, evaluated, and/or awarded. If the right to extend is exercised, the City Invitation for Bid (IFB) 1254386 shall notify the Successful Bidder/Contractor, in writing, of its intent to extend the Contract in accordance with the existing terms and conditions for a specified number of days. Additional extensions beyond the first one hundred twenty (120) day extension may occur, if, the City and the Successful Bidder/Contractor are in mutual agreement of such extensions. F. Where the Contract involves a single shipment of goods to the City, the Contract term shall conclude upon completion of the expressed or implied warranty periods. G. The City reserves the right to award the Contract on a split -order, lump sum, individual -item basis, or such method of award in the best interest of the City, unless otherwise specified. H. A Contract may be awarded to the Successful Bidder/Contractor by the City Commission based upon the minimum qualification requirements reflected herein. 1.11. BID BOND/ BID SECURITY - A cashier's or certified check issued by a bank authorized to transact banking business in Florida, or a Bid Bond/Bid Security signed by a surety company that is licensed to do business in the State of Florida, payable to the City of Miami, for the amount as specified in the bid, is required from all Bidders, if so indicated under the Special Conditions. This check or bond guarantees that a Bidder will accept the Contract, as bid, if it is awarded to Bidder. Bidder shall forfeit bid deposit to the City, should City award Contract to Bidder and Bidder fails to accept the award. The City reserves the right to reject any and all surety tendered to the City. Bid deposits are returned to unsuccessful Bidders within ten (10) days after the award and Successful Bidder's acceptance of award. If one hundred eighty (180) days have passed after the date of the Formal Solicitation closing date, and no Contract has been awarded, all bid deposits will be returned on demand. 1.12. BID SECURITY FORFEITED LIQUIDATED DAMAGES -Failure to execute a Contract and/or file an 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, 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. Invitation for Bid (IFB) 1254386 When "NO SUBSTITUTION" is used in conjunction with a manufacturer's name, brand name, and/or model number, that named item is the only item that will be accepted by the City in that particular instance. 1.15. CANCELLATION -The City reserves the right to cancel this Formal Solicitation, before its opening/closing. In the event of cancellation, the Director of Procurement shall notify all prospective Bidders and provide a written explanation for the cancellation. There shall be no recourse against the City for a cancellation made in accordance with this Section. 1.16. CAPITAL EXPENDITURES - Successful Bidder/Contractor understands that any capital expenditures that the Successful Bidder/Contractor makes, or prepares to make, in order to deliver/perform the goods/services required by the City, is a business risk which the Successful Bidder/Contractor must assume. The City will not be obligated to reimburse amortized or unamortized capital expenditures, or to maintain the approved status of any Successful Bidder/Contractor. If Successful Bidder/Contractor has been unable to recoup its capital expenditures during the time it is rendering such goods/services, it shall not have any claim upon the City. 1.17. CITY NOT LIABLE FOR DELAYS -It is further expressly agreed that in no event shall the City be liable for, or responsible to, the Bidder, any subcontractor, or to any other person for, or on account of, any stoppages or delay in the work herein provided for by injunction, or other legal or equitable proceedings, or on account of any delay for any cause over which the City has no control. 1.18. COLLUSION - Bidder, by submitting a response, certifies that its response is made without previous understanding, agreement, or connection either with any person, firm, or corporation submitting a Bid for the same goods/services, or with the City of Miami's Procurement Department or initiating department. The Bidder certifies that its response is fair, without control, collusion, fraud, or other illegal action. Bidder certifies that it is in compliance with the Conflict of Interest and Code of Ethics Laws. The City will investigate all potential situations where collusion may have occurred, and the City reserves the right to reject any and all Bids where collusion may have occurred. 1.19. COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS - Successful Bidder/Contractor understands that contracts between private entities and local governments are subject to certain laws, codes, and regulations, including laws pertaining to public records, sunshine (open meetings), conflict of interest, ethics records keeping, etc. City and Successful Bidder/Contractor agree to comply with and observe all applicable laws, codes, regulations, and ordinances, and to secure all applicable public approvals and/or consents, of any governmental agency and/or owner of intellectual property rights as that may in any way affect the goods or services offered, including, but not limited to: A Executive Order 11246, which prohibits discrimination against any employee, applicant, or client because of race, creed, color, national origin, sex, or age with regard to, but not limited to, the following: employment practices, rate of pay or other compensation methods, and training selection. B. Occupational, Safety and Health Act (OSHA), as applicable to this Formal Solicitation. C. The State of Florida Statutes, Section 287.133(3)(A) on Public Entity Crimes. D. Environment Protection Agency (EPA), as applicable to this Formal Solicitation. E. Uniform Commercial Code (Florida Statutes, Chapter 672). F. Americans with Disabilities Act of 1990, as amended. G. National Institute of Occupational Safety Hazards (NIOSH), as applicable to this Formal Solicitation. Invitation for Bid (IFB) 1254386 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/Contractor will in no way be a cause for relief from responsibility. Non-compliance with all applicable local, State, and Federal directives, orders, codes, rules, regulations, and laws may be considered grounds for termination of Contract at the option of the City Manager. Copies of the City Ordinances may be obtained from the City Clerk's Office. 1.20. CONE OF SILENCE - Pursuant to Section 18-74 of the City of Miami Code, a "Cone of Silence" is imposed upon each Formal Solicitation once advertised and terminates at the time the City Manager issues a written recommendation to the Miami City Commission. The Cone of Silence shall be applicable only to Formal Solicitations for the provision of goods and services for amounts greater than $200,000. The Cone of Silence prohibits any communication regarding Formal Solicitations between, among others: Potential vendors, service providers, bidders, lobbyists or consultants and the City's professional staff including, but not limited to, the City Manager and the City Manager's staff, the Mayor, City Commissioners, or their respective staffs. The provision does not apply to, among other communications: oral communications with the City Procurement staff, provided the communication is limited strictly to matters of process or procedure already contained in the Formal Solicitation document; the provisions of the Cone of Silence do not apply to oral communications at duly noticed site visits/inspections, pre -bid conferences, or public presentations made to the Miami City Commission during a duly noticed public meeting; or communications in writing or by email at any time with any City employee, official or member of the City Commission unless specifically prohibited by the applicable Formal Solicitation documents; or communications in connection with the collection of industry comments or the performance of market research regarding a particular Formal Solicitation by City Procurement staff. Bidders must file a copy of any written communications with the Office of the City Clerk, which shall be made available to any person upon request. The City shall respond in writing and file a copy with the City Clerk's Office, which shall be made available to any person upon request. Written communications may be in the form of an e- mail, or fax with a copy to the City Clerk's Office being required. In addition to any other penalties provided by law, violation of the Cone of Silence by any Bidder shall render any award voidable. A violation by a particular Bidder, lobbyist or consultant shall subject same to potential penalties pursuant to the City Code. Any person having personal knowledge of a violation of these provisions shall report such violation to the State Attorney and/or may file a complaint with the Miami Dade County Commission on Ethics. This language is only a summary of the key provisions of the Cone of Silence. Please review City of Miami Code Section 18-74 for a complete and thorough description of the Cone of Silence. You may contact the City Clerk's Office at 305-250-5360 or clerks@miamigov.com, to obtain a copy of same. Invitation for Bid (IFB) 1254386 1.21. CONFIDENTIALITY - As a political subdivision, the City of Miami is subject to the Florida Government in the Sunshine (public Meetings) Act and Public Records Act. If this Contract contains a confidentiality provision, it shall have no application when disclosure is required by Florida law or upon court order. 1.22. CONFLICT OF INTEREST - Bidders, by responding to this Formal Solicitation, certify that to the best of their knowledge or belief, no elected/appointed official or employee of the City of Miami is financially interested, directly or indirectly, in the purchase of goods/services specified in this Formal Solicitation. Any such interests on the part of the Bidder or its employees must be disclosed in writing to the City. Further, Bidder shall disclose the name of any City employee who owns, directly or indirectly, an interest of five percent (5%) or more of the total assets of capital stock in Bidder's firm. A. Bidder further agrees not to use or attempt to use any knowledge, property, or resource which may be within his/her trust, or perform his/her duties, to secure a special privilege, benefit, or exemption for himself/herself, or others. Bidder may not disclose or use information not available to members of the general public and gained by reason of his/her position, except for information relating exclusively to governmental practices, for his/her personal, or benefit, or for the personal gain, or benefit of any other person, or business entity. B. Bidder hereby acknowledges that he/she has not contracted or transacted any business with the City or any person, or agency acting for the City, and has not appeared in representation of any third party before any board, Commission, or agency of the City within the past two years. Bidder further warrants that he/she is not related, specifically the spouse, son, daughter, parent, brother, or sister, to: (i) any member of the Commission; (ii) the Mayor; (iii) any City employee; or (iv) any member of any board or agency of the City. C. A violation of this section may subject the Bidder to immediate termination of any contract with the City, and imposition of the maximum fine and/or any penalties allowed by law. Additionally, violations may be considered by and subject to action by the Miami -Dade County Commission on Ethics. 1.23. COPYRIGHT OR PATENT RIGHTS - Bidders warrant that there has been no violation of copyright or patent rights in manufacturing, producing, or selling the goods shipped or ordered and/or services provided as a result of this Formal Solicitation, and Bidders agree to hold the City harmless from any and all liability, loss, or expense occasioned by any such violation. 1.24. COST INCURRED BY BIDDER - All expenses involved with the preparation and submission of Bids to the City, or any work performed in connection therewith shall be borne by the Bidder. 1.25. DEBARMENT AND SUSPENSIONS (SECTION 18-107) - A. Authority and requirement to debar/suspend. After reasonable notice to an actual or prospective Contractual Party, and after reasonable opportunity for such party to be heard, the City Manager, after consultation with the Chief Procurement Officer and the City Attorney, shall have the authority to debar a Contractual Party, for the causes listed below, from consideration for award of City Contracts. The debarment shall be for a period of not fewer than three (3) years. The City Manager shall also have the authority to suspend a Contractual Party from consideration for award of City Contracts if there is probable cause for debarment, pending the debarment Invitation for Bid (IFB) 1254386 determination. The authority to debar/suspend contractors shall be exercised in accordance with regulations which shall be issued by the Chief Procurement Officer after approval by the City Manager, the City Attorney, and the City Commission. B. Causes for debarment/suspension. Causes for debarment or suspension include the following: 1) Conviction for commission of a criminal offense incident to obtaining or attempting to obtain a public or private Contract or subcontract, or incident to the performance of such Contract or subcontract. 2) Conviction under state or federal statutes of embezzlement, theft, forgery, bribery, falsification or destruction of records, receiving stolen property, or any other offense indicating a lack of business integrity or business honesty. 3) Conviction under state or federal antitrust statutes arising out of the submission of Bids or Proposals. 4) Violation of Contract provisions, which is regarded by the Chief Procurement Officer to be indicative of non - responsibility. Such violation may include failure without good cause to perform in accordance with the terms and conditions of a Contract or to perform within the time limits provided in a Contract, provided that failure to perform caused by acts beyond the control of a party shall not be considered a basis for debarment/suspension. 5) Debarment/suspension of the Contractual Party by any federal, state or other governmental entity. 6) False certification pursuant to paragraph C below. 7) Found in violation of a zoning ordinance or any other city ordinance or regulation and for which the violation remains noncompliant. 8) Found in violation of a zoning ordinance or any other city ordinance or regulation and for which a civil penalty or fine is due and owing to the city. 9) Any other cause judged by the City Manager to be so serious and compelling as to affect the responsibility of the Contractual Party performing city Contracts. C. Certification. All Contracts for goods and services, sales, and leases by the city shall contain a certification that neither the Contractual Party nor any of its principal owners or personnel have been convicted of any of the violations set forth above or debarred or suspended as set forth in paragraph (b)(5). D. Debarment and suspension decisions. Subject to the provisions of paragraph (a), the City Manager shall render a written decision stating the reasons for the debarment or suspension. A copy of the decision shall be provided promptly to the Contractual Party, along with a notice of said party's right to seek judicial relief. 1.26. DEBARRED/SUSPENDED VENDORS -An entity or affiliate who has been placed on the State of Florida debarred or suspended vendor list may not submit a Response for a solicitation to provide goods or services to a public entity; may not submit a Response to a solicitation with a public entity for the construction or repair of a public building or public work; may not submit response on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity. 1.27. DEFAULT/FAILURE TO PERFORM -The City shall be the sole judge of nonperformance, which shall Invitation for Bid (IFB) 1254386 include any failure on the part of the Successful Bidder/Contractor to accept the award, to furnish required documents, and/or to fulfill any portion of this Contract within the time stipulated. Upon default by the Successful Bidder/Contractor to meet any terms of a Contract, the City will notify the Successful Bidder/Contractor of the default and will provide the Successful Bidder/Contractor three (3) days (weekends and holidays excluded) upon notification, by the City, to remedy the default. Failure by the Successful Bidder/Contractor to correct the default within the required three (3) days, shall result in the Contract being terminated upon the City notifying in writing the Successful Bidder/Contractor of its intentions and the effective date of the termination. The following shall constitute default: A. Failure to perform the work or deliver the goods/services required under the Contract, and/or within the time required, or failing to use the subcontractors, entities, and personnel as identified and set forth, and to the degree specified in the Contract. B. Failure to begin the work under this Contract within the time specified. C. Failure to perform the work with sufficient workers and equipment, or with sufficient materials to ensure timely completion. D. Neglecting or refusing to remove materials or perform new work where prior work has been rejected as nonconforming with the terms of the Contract. E. Becoming insolvent, being declared bankrupt, or committing any act of bankruptcy or insolvency, or making an assignment for the benefit of creditors, if the insolvency, bankruptcy, or assignment renders the Successful Bidder/Contractor incapable of performing the work in accordance with, and as required by the Contract. F. Failure to comply with any of the terms of the Contract in any material respect. All costs and charges incurred by the City as a result of a default, or a default incurred beyond the time limits stated, together with the cost of completing the work, shall be deducted from any monies due, or which may become due on this Contract to the Successful Bidder/Contractor. 1.28. DETERMINATION OF RESPONSIVENESS AND RESPONSIBILITY - Each Bid will be reviewed to determine if it is responsive to the submission requirements outlined in the Formal Solicitation. A. Responsive Bid is one which follows the requirements of the Formal Solicitation, includes all documentation, is submitted in the format outlined in the Formal Solicitation, is of timely submission, and has appropriate signatures 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 Invitation for Bid (IFB) 1254386 representative of a manufacturer or supplier which is the actual source of supply, if required by the Formal Solicitation. 1.29. DISCOUNTS OFFERED DURING TERM OF CONTRACT -Discount prices offered in the Response shall be fixed after the award of a Contract by the Commission, unless otherwise specified in the Special Terms and Conditions. Price discounts, off the original prices quoted in the Response, will be accepted from Successful Bidder/Contractor during the term of the Contract. Such discounts shall remain in effect for a minimum of one hundred and eighty (180) days from approval by the City Commission. Any discounts offered by a manufacturer to Successful Bidder/Contractor will be passed on to the City. 1.30.DISCREPANCIES, ERRORS, AND OMISSIONS -Any discrepancies, errors, or omissions in the Formal Solicitation, or Addenda (as applicable), should be reported in writing to the City's Procurement Department. Should it be found necessary, a written Addendum will be incorporated in the Formal Solicitation and will become part of the Purchase Order (Contract documents)_ The City will not be responsible for any oral instructions, clarifications, or other communications. A. Order of Precedence. Any inconsistency in this Formal Solicitation shall be resolved by giving precedence to the following documents, the first of such list being the governing documents. 1) Addenda (if applicable) 2) Specifications 3) Special Conditions 4) General Terms and Conditions 13LEMERGENCY/DISASTER PERFORMANCE -In the event of a natural disaster or other emergency, or disaster situation, the Successful Bidder/Contractor shall provide the City with the commodities/services defined within the scope of this Formal Solicitation at the price contained within Bidder's response. Further, Successful Bidder/Contractor shall deliver/perform for the City on a priority basis during such times of emergency. 132. ENTIRE BID CONTRACT -The Bid Contract consists of any amendments to the Bid Contract, the Formal Solicitation, including any addenda, Bidder's Response and any written agreement entered into by the City of Miami and Successful Bidder/Contractor, and represents the entire understanding and agreement between the parties with respect to the subject matter hereof and supersedes all other negotiations, understanding, and representations, if any, made by and between the parties. To the extent that the Bid Contract conflicts with, modifies, alters or changes any of the terms and conditions contained in the Formal Solicitation and/or Bid, the Formal Solicitation, including any addenda, and then the Bid shall control. This Contract may be amended only by a written agreement signed by the City and Successful Bidder/Contractor. 133. 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. 134. 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; Invitation for Bid (IFB) 1254386 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 any political subdivision, or is on the convicted vendor's list per Section 287.133, Florida Statutes. 135. 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. 136. 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. 137. 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. 138. FLORIDA MINIMUM WAGE AND CITY OF MIAMI LIVING WAGE ORDINANCE - A Florida Minimum Wage. In accordance with the Constitution of the State of Florida, Article X, Section 24, employers shall pay employee wages no less than the minimum wage for all hours worked in Florida. Accordingly, it is the Successful Bidder's/Contractor's and their subcontractor's responsibility to understand and comply with this Florida minimum wage requirement and pay its employees the current established hourly minimum wage rate. This minimum wage rate is subject to change or adjusted by the rate of inflation using the consumer price index ("CPI") for urban wage earners and clerical workers, CPI-W, or a successor index as calculated by the United States Department of Labor. Each adjusted minimum wage rate calculated, shall be determined and published by the Agency Workforce Innovation on September 30th of each year and take effect on the following January 1 st. It is the Bidder's and their subcontractor's (if applicable), full responsibility to determine whether any of their employees may be impacted by this Florida Minimum Wage Law, at any given point in time during the term of the Bid Contract. If impacted, Bidder must provide, with its bid, employee name(s), job title(s), job description(s), and current pay rate(s). Failure to submit this information at the time of bid submittal constitute Successful Bidder's/Contractor's acknowledgement and understanding that the Florida Minimum Wage Law will not impact its prices throughout the term of the Bid Contract, and a waiver of any contractual price increase request(s). The City reserves the right to request and the Successful Bidder/Contractor must provide for any, and all information to make a wage and contractual price increase(s) determination. B. City of Miami Living Wage Ordinance. The City of Miami adopted a Living Wage Ordinance for City Service Invitation for Bid (IFB) 1254386 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. 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. This language is only a summary of the key provisions of the City of Miami Living Wage Ordinance. Please review Attachment A, attached hereto, for a complete and thorough description of the City of Miami Living Wage Ordinance. 1.39. GOVERNING LAW AND VENUE - The validity and effect of any Bid Contract as a result of this Formal Solicitation shall be governed by the laws of the State of Florida. The parties agree that any action, mediation, or arbitration arising out of the Bid Contract shall take place in Miami -Dade County, Florida. In any action or proceeding each party shall bear their own respective attorney's fees. 1.40. HEADINGS AND 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/Contractor must give its customers written notice of its privacy information practices, including specifically, a description of the types of uses and disclosures that would be made with protected health information 1.42 INDEMNIFICATION -Successful Bidder/Contractor shall indemnify, hold and save harmless, and defend (at Invitation for Bid (IFB) 1254386 its own cost and expense), the City, its officers, agents, directors, and/or employees, from all liabilities, damages, losses, judgements, and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness, negligent act or omission, or intentional wrongful misconduct of Successful Bidder/Contractor and persons employed or utilized by Successful Bidder/Contractor in the performance of this Contract. The Successful Bidder/Contractor shall further, hold the City, its officials and employees, indemnify, save and hold harmless for, and defend (at its own cost), the City its officials and/or employees against any civil actions, statutory or similar claims, injuries or damages arising or resulting from the permitted Work, even if it is alleged that the City, its officials, and/or employees were negligent. In the event that any action or proceeding is brought against the City by reason of any such claim or demand, the Successful Bidder/Contractor shall, upon written notice from the City, resist and defend such action or proceeding by counsel satisfactory to the City. The Successful Bidder/Contractor expressly understands and agrees that any insurance protection required by this Contract or otherwise provided by the Successful Bidder/Contractor shall in no way limit the responsibility to indemnify, keep and save harmless and defend the City or its officers, employees, agents and instrumentalities as herein provided. The indemnification provided above shall obligate the Successful Bidder/Contractor to defend, at its own expense, to and through trial, administrative, appellate, supplemental or bankruptcy proceeding, or to 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/Contractor, or persons employed or utilized by the Successful Bidder/Contractor. These duties will survive the cancellation or expiration of the Contract. This Section will be interpreted under the laws of the State of Florida, including without limitation and interpretation, which conforms to the limitations of Sections 725.06 and/or 725.08, Florida Statutes, as applicable and as amended. Successful Bidder/Contractor shall require all sub-consultant/contractor agreements to include a provision that each sub -contractor will indemnify the City in substantially the same language as this Section. The Successful Bidder/Contractor agrees and recognizes that the City shall not be held liable or responsible for any claims which may result from any actions or omissions of the Successful Bidder/Contractor in which the City participated either through review or concurrence of the Consultant's actions. In reviewing, approving or rejecting any submissions by the Successful Bidder/Contractor or other acts of the Successful Bidder/Contractor, the City, in no way, assumes or shares any responsibility or liability of the Successful Bidder/Contractor or sub-consultant/contractor under this Contract. Ten dollars ($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/Contractor. 1.43. FORMATION AND DESCRIPTIVE LITERATURE - Bidders must furnish all information requested in the spaces provided in the Formal Solicitation. Further, as may be specified elsewhere, each Bidder must submit for evaluation, cuts, sketches, descriptive literature, technical specifications, and Material Safety Data Sheets (MSDS) as required, covering the products offered. Reference to literature submitted with a previous bid, or on file with the City, will not satisfy this provision. Invitation for Bid (IFB) 1254386 1.44. INSPECTIONS - The City may, at reasonable times during the term of the Bid Contract, inspect Successful Bidder's/Contractor's facilities and perform such tests, as the City deems reasonably necessary, to determine whether the goods and/or services required to be provided by the Successful Bidder/Contractor, under the Bid Contract conform to the terms and conditions of the Formal Solicitation. Successful Bidder/Contractor shall make available to the City all reasonable facilities and assistance to facilitate the performance of tests or inspections by City representatives. All tests and inspections shall be subject to, and made in accordance with, the provisions of the City of Miami Ordinance No. 12271 (Section 18-101) City Code, as same may be amended or supplemented, from time to time, which, in conjunction with Section 18-102, providing for audits of City contractors, are applicable and are deemed as being incorporated by reference as supplemental terms. 1.45. INSPECTION OF BID -Bids received by the City, pursuant to a Formal Solicitation, will not be made available until such time as the City provides notice of a decision, or intended decision, or within 30 days after bid closing, whichever is earlier. Bid results will be tabulated and may be furnished upon request, via fax or e-mail, to the City's Procurement Contracting Officer, issuing the Formal Solicitation. Tabulations are also available on the City's website following a recommendation for award. 1.46. INSURANCE - Within ten (10) days after receipt of Notice of Award, the Successful Bidder/Contractor, shall furnish the evidence of insurance to the Procurement Department, as applicable. Submitted evidence of insurance shall demonstrate strict compliance with all requirements stipulated in the Special Conditions section titled "Insurance Requirements". The City shall be listed as an "Additional Insured." Issuance of a Purchase Order is contingent upon the receipt of proper insurance documents. If the certificate of insurance is received within the specified time frame but not in the manner prescribed in the Formal Solicitation, the Successful Bidder/Contractor shall be verbally notified of such deficiency and shall have an additional five (5) calendar days to submit a corrected certificate to the City. If the Successful Bidder/Contractor fails to submit the required insurance documents in the manner prescribed in the Formal Solicitation within fifteen (15) calendar days after receipt of the Notice of Award, the Successful Bidder/Contractor shall be in default of the contractual terms and conditions and will not be awarded the contract. Information regarding any insurance requirements shall be directed to the Risk Management Director, Department of Risk Management, at 444 SW 2nd Avenue, 9th Floor, Miami, Florida 33130, 305-416-1384. The Successful Bidder/Contractor shall be responsible for ensuring that the insurance documents required in conjunction with this Section remain in effect for the duration of the contractual period; including any renewals and extensions that may be exercised by the City. 1.47. INVOICES - Invoices submitted by Successful Bidder/Contractor to the City shall include the Purchase Order number and description of goods and/or services delivered (i.e., quantity, unit price, extended price, etc.); and in compliance with Chapter 218 of the Florida Statutes (Prompt Payment Act). 1.48. LOCAL PREFERENCE -City Code Section 18-85, states, "when a responsive, responsible non -local Bidder submits the lowest bid price, and the bid submitted by one or more responsive, responsible local Bidders who maintain a local office, as defined in Section 18-73, is within fifteen percent (15%) of the price submitted by the non -local Bidder, then that non -local Bidder and each of the aforementioned responsive, responsible local Bidders shall have the opportunity to submit a best and final bid equal to or lower than the amount of the low bid previously 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 (I1713) 1254386 1.49. MANUFACTURER'S CERTIFICATION - The City reserves the right to request from Bidders a separate Manufacturer's Certification of all statements made in the Bid. Failure to provide such certification may result in the rejection of the Bid, or termination of the Bid Contract, for which the Bidder/Successful Bidder/Contractor shall bear full liability. 1.50. MODIFICATIONS OR CHANGES IN PURCHASE ORDERS AND CONTRACTS - No Contract or understanding to modify the Formal Solicitation and the resultant Purchase Order(s) or Bid Contract, if applicable, shall be binding upon the City, unless made in writing by the City's Director of Procurement through the issuance of a change order, addendum, amendment, or supplement to the Bid Contract, Purchase Order, or award sheet, as applicable. 1.51. MOST FAVORED NATIONS - Successful Proposer shall not treat the City of Miami ("City") worse than any other similarly -situated local government and, in this regard, grants the City a "most favored nations clause" meaning the City will be entitled to receive and be governed by the most favorable terms and conditions that Successful Bidder/Proposer grants now or in the future to a similarly situated local government. 1.52. NO PARTNERSHIP OR JOINT VENTURE - Nothing contained in the Bid Contract will be deemed or construed to create a partnership or joint venture between the City and Successful Bidder/Contractor, or to create any other similar relationship between the parties. 1.53. NONCONFORMANCE TO CONTRACT CONDITIONS - Items may be tested for compliance with specifications under the direction of the Florida Department of Agriculture and Consumer Services, or by other appropriate testing laboratories as determined by the City. The data derived from any test for compliance with specifications is public record, and open to examination thereto in accordance with Chapter 119, Florida Statutes. Items delivered, not conforming to specifications may be rejected, and returned at Successful Bidder's/Contractor's expense. The non -conforming items not delivered in accordance with the stipulated delivery date in the Bid and/or Purchase Order, may result in Successful Bidder/Contractor being found in default, in which event, any and all re - procurement costs may be charged against the defaulted Successful Bidder/Contractor. Any violation of the above stipulations may also result in the Successful Bidder/Contractor being removed from the City's supplier's list. 1.54. NONDISCRIMINATION - Successful Bidder/Contractor affirms that it shall not discriminate as to race, gender, color, age, religion, national origin, marital status, or disability, in connection with its performance under the Formal Solicitation. Furthermore, Successful Bidder/Contractor affirms that no otherwise qualified individual shall solely by reason of their race, gender, color, age, religion, national origin, marital status or disability be excluded from the participation in, be denied benefits of, or be subjected to, discrimination under any program or activity. In connection with the conduct of its business, including performance of services and employment of personnel, Successful Bidder/Contractor shall not discriminate against any person on the basis of race, gender, color, age, religion, national origin, marital status or disability. All persons having appropriate qualifications shall be afforded 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. Invitation for Bid (IFB) 1254386 In addition, any and all goods, and/or services required by the City in conjunction with construction projects are solicited under a distinctly different solicitation process and shall not be purchased under the terms, conditions and awards rendered under the Formal Solicitation, unless such purchases are determined to be in the best interest of the City. 1.56.NOTICE REGARDING "CURES" - Bids submitted with irregularities, deficiencies, and/or technicalities that deviate from the minimum qualifications and submission requirements of Request for Qualifications (RFQ), Request for Proposals (RFP), invitation to bid (ITB), invitation for bids (IFB), invitation to quote (ITQ), Requests for Letters of Interest (RFLI) and Request for Sponsorships (RFS) shall result in a non -responsive determination. any solicitation issued after May 6, 2019, shall comply with APM 2-19. APM 2-19 is attached hereto. only minor irregularities, deficiencies, and technicalities may be allowed to be timely cured by the proposer at the sole discretion of the city. material irregularities, deficiencies, and technicalities cannot be cured by the proposer, and are not waivable by the city. BIDS SUBMITTED WITH IRREGULARITIES. DEFICIENCIES. AND/OR TECHNICALITIES THAT DEVIATE FROM THE MINIMUM QUALIFICATIONS AND SUBMISSION REQUIREMENTS OF THIS IFB SHALL RESULT IN A NON -RESPONSIVE DETERMINATION. The City will not give consideration to the curing of any Bids that fail to meet the minimum qualifications and submission requirements of this IFB. Proposer understands that non -responsive Bids will not be evaluated. 1.57. OCCUPATIONAL LICENSEBUSINESS 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/Contractor, pursuant to the Formal Solicitation shall at all times remain the property of the City, and shall not be used by the Successful Bidder/Contractor for any other purposes whatsoever, without the written consent of the City. 1.60. PARTIAL INVALIDITY - If any provision of the Bid Contract or the application thereof, to any person or circumstance, shall to any extent be held invalid, then the remainder of the Bid Contract or, the application of such provision to persons or circumstances other than those as to which it is held invalid, shall not be affected thereby, and each provision of the Bid Contract shall be valid and enforced to the fullest extent permitted by law. 1.61. PERFORMANCE/PAYMENT BOND - A Successful Bidder/Contractor may be required to furnish a Performance/Payment Bond as part of the requirements of the Bid Contract, in an amount equal to one hundred percent (100%) of the Bid Contract price. Any bond furnished will comply with Florida Law, and be in a form acceptable to the City of Miami Risk Management Director. 1.62. PREPARATION OF BIDS - Bidders are expected to examine the specifications, required delivery, drawings, and all special and general conditions. 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. Invitation for Bid (IFB) 1254386 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 Certification Statement 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/Contractor to other customers shall be passed on to the City. 1.64. PRODUCT SUBSTITUTES -In the event a particular awarded and approved manufacturer's product becomes unavailable during the term of the Bid Contract, the Successful Bidder/Contractor awarded that item may arrange with the City's authorized representative(s) to supply a substitute product at the awarded price or lower, provided that a sample is approved in advance of delivery, and that the new product meets or exceeds all quality requirements. 1.65. CONFLICT OF INTEREST, AND UNETHICAL BUSINESS PRACTICE PROHIBITIONS -Successful Bidder/Contractor represents and warrants to the City, that it has not employed, or retained any person, or company employed by the City to solicit or secure the Bid Contract and that the Successful Bidder/Contractor has not offered to pay, paid, or agreed to pay any person any fee, commission, percentage, brokerage fee, or gift of any kind contingent upon, or in connection with, the award of the Bid Contract. 1.66. PROMPT PAYMENT — Bidders may offer a cash discount for prompt payment; however, discounts shall not be considered in determining the lowest net cost for Bid evaluation purposes. Bidders are required to provide their prompt payment terms in the space provided on the Formal Solicitation. If no prompt payment discount is being offered, the Bidder must enter zero (0) for the percentage discount to indicate no discount. If the Bidder fails to enter a percentage, it is understood and agreed that the terms shall be two percent (2%), 20 days, effective after receipt of invoice or final acceptance by the City, whichever is later. When the City is entitled to a cash discount, the period of computation will commence on the date of delivery, or receipt of a correctly completed invoice, whichever is later. If an adjustment in payment is necessary due to damage, the cash discount period shall commence on the date final approval for payment is authorized. If a discount is part of the contract, but the invoice does not reflect the existence of a cash discount, the City is entitled to a cash discount with the period commencing on the date it is determined by the City that a cash discount applies. Price discounts off the original prices quoted on the Price Sheet will be accepted from Successful Bidder(s) during the term of the contract. The City will comply with the Florida Prompt Payment Act, as applicable. Invitation for Bid (IFB) 1254386 1.67. PROPERTY - Property owned by the City is the responsibility of the City. Such property furnished to a Successful Bidder/Contractor for repair, modification, study, etc., shall remain the property of the City. Damages to such property occurring while in the possession of the Successful Bidder/Contractor shall be the responsibility of the Successful Bidder/Contractor. Damages occurring to such property while in route to the City, shall be the responsibility of the Successful Bidder/Contractor. In the event that such property is destroyed, or declared a total loss, the Successful Bidder/Contractor shall be responsible for the replacement value of the property, at the current market value, less depreciation of the property, if any. 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/Contractor understands that the public shall have access, at all reasonable times, to all documents and information pertaining to City contracts, subject to the provisions of Chapter 119, Florida Statutes, and City Code, Section 18, Article III, and agrees to allow access by the City and the public, to all documents subject to disclosure under applicable law_ Successful Bidder/Contractor shall additionally comply with the provisions of Section 119.0701, Florida Statutes, titled "Contracts; public records". Successful Bidder/Contractor shall additionally comply with Section 119.0701, Florida Statutes, including without limitation: A. Keep and maintain public records that ordinarily and necessarily would be required by the City to perform this service. B. Provide the public with access to public records on the same terms and conditions as the City would at the cost provided by Chapter 119, Florida Statutes, or as otherwise provided by law. C. Ensure that public records that are exempt or confidential and exempt from disclosure are not disclosed except as authorized by law. D. Meet all requirements for retaining public records and transfer, at no cost, to the City all public records in its possession upon termination of this Agreement and destroy any duplicate public records that are exempt or confidential and exempt from disclosure requirements. Invitation for Bid (IFB) 1254386 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/Contractor and the City which arise under, or by virtue of, a Contract between them; provided that, in cases involving an amount greater than $25,000, the City Commission must approve the City Manager's decision. Such authority extends, without limitation, to disputes based upon breach of Contract, mistake, misrepresentation, or lack of complete performance, and shall be invoked by a Contractual Party by submission of a protest to the City Manager_ B.Contract dispute decisions. If a dispute is not resolved by mutual consent, the City Manager shall promptly render a written report stating the reasons for the action taken by the City Commission, or the City Manager, which shall be final and conclusive. A copy of the decision shall be immediately provided to the protesting party, along with a notice of such party's right to seek judicial relief, provided that the protesting party shall not be entitled to such judicial relief without first having followed the procedure set forth in this Section. 1.75. RESOLUTION OF PROTESTED SOLICITATIONS AND AWARDS (SECTION 18-104): (a)Right to protest The following procedures shall be used for resolution of protested solicitations and awards except for purchases of goods, supplies, equipment, and services, the estimated cost of which does not exceed $25,000.00. Protests thereon shall be governed by the administrative policies and procedures of purchasing_ Invitation for Bid (IFB) 1254386 (1) Protest of solicitation. a_ Any prospective proposer who perceives itself aggrieved in connection with the solicitation of a contract may protest to the chief procurement officer. A written notice of intent to file a protest shall be filed with the chief procurement officer within three days after the request for proposals, request for qualifications or request for letters of interest is published in a newspaper of general circulation. A notice of intent to file a protest is considered filed when received by the chief procurement officer; or b. Any prospective bidder who intends to contest bid specifications or a bid solicitation may protest to the chief procurement officer. A written notice of intent to file a protest shall be filed with the chief procurement officer within three days after the bid solicitation is published in a newspaper of general circulation. A notice of intent to file a protest is considered filed when received by the chief procurement officer. (2) Protest of award. a. Any actual proposer who perceives itself aggrieved in connection with the recommended award of contract may protest to the chief procurement officer. A written notice of intent to file a protest shall be filed with the chief procurement officer within two days after receipt by the proposer of the notice of the city manager's recommendation for award of contract. The receipt by proposer of such notice shall be confirmed by the city by facsimile or electronic mail or U.S. mail, return receipt requested. A notice of intent to file a protest is considered filed when received by the chief procurement officer; or b. Any actual responsive and responsible bidder whose bid is lower than that of the recommended bidder may protest to the chief procurement officer. A written notice of intent to file a protest shall be filed with the chief procurement officer within two days after receipt by the bidder of the notice of the city's determination of non - responsiveness or non -responsibility. The receipt by bidder of such notice shall be confirmed by the city by facsimile or electronic mail or U.S. mail, return receipt requested. A notice of intent to file a protest is considered filed when received by the chief procurement officer. c. A written protest based on any of the foregoing must be submitted to the chief procurement officer within five days after the date the notice of protest was filed. A written protest is considered filed when received by the chief procurement officer. The written protest may not challenge the relative weight of the evaluation criteria or the formula for assigning points in making an award determination. The written protest shall state with particularity the specific facts and law upon which the protest of the solicitation or the award is based and shall include all pertinent documents and evidence and shall be accompanied by the required filing fee as provided in subsection (f). This shall form the basis for review of the written protest and no facts, grounds, documentation or evidence not contained in the protester's submission to the chief procurement officer at the time of filing the protest shall be permitted in the consideration of the written protest. No time will be added to the above limits for service by mail. In computing any period of time prescribed or allowed by this section, the day of the act, event or default from which the designated period of time begins to run shall not be included. The last day of the period so computed shall be included unless it is a Saturday, Sunday or legal holiday in which event the period shall run until the end of the next day which is neither a Invitation for Bid (I1713) 1254386 Saturday, Sunday or legal holiday. Intermediate Saturdays, Sundays and legal holidays shall be excluded in the computation of the time for filing. (b) Authority to resolve protests; hearing officer(s). Hearing officers appointed by the city shall have authority to resolve protests filed under this chapter of the City Code. The city manager shall appoint a hearing officer, from a separate list of potential hearing officers pre - approved by the city commission, to resolve protests filed in accordance with this section, no later than five working days following the filing of a bid protest. The hearing officer shall have the authority to settle and resolve any written protest. The hearing officer shall submit said decision to the protesting party and to the other persons specified within ten days after he/she holds a hearing under the protest. (1) Hearing officer. The hearing officer may be a special master as defined in chapter 2, article X, section 2-811 of the City Code, or a lawyer in good standing with the Florida Bar for a minimum of ten years with a preference given to a lawyer who has served as an appellate or trial court judge. The hearing officer may be appointed from alternative sources (e.g. expert consulting agreements, piggyback contracts, etc.) where the city commission adopts a recommendation of the city attorney that such action is necessary to achieve fairness in the proceedings_ The engagement of hearing officers is excluded from the procurement ordinance as legal services. The hearing officers appointed in the pre -qualified group should be scheduled to hear protests on a rotational basis. (2) Right ofprotest. Any actual bidder or proposer who has standing under Florida law dissatisfied and aggrieved with the decision of the city regarding the protest of a solicitation or the protest of an award as set forth above in this section may request a protest hearing. Such a written request for a protest hearing must be initiated with a notice of intent to protest followed by an actual protest as provided in subsection 18-104(a). The notice of intent to protest and the actual protest must each be timely received by the chief procurement officer and must comply with all requirements set forth in subsection 18-104(a). Failure to submit the required notice of intent to protest and the actual protest within the specified timeframes will result in an administrative dismissal of the protest. (3) Hearing date. Within 30 days of receipt of the notice of protest, the chief procurement officer shall schedule a hearing before a hearing officer, at which time the person protesting shall be given the opportunity to demonstrate why the decision of the city relative to the solicitation or the award, which may include a recommendation for award by the city manager to the city commission, as applicable, should be overturned. The party recommended for award, if it is a protest of award, shall have a right to intervene and be heard. (4) Hearing procedure. The procedure for any such hearing conducted under this article shall be as follows: a. The city shall cause to be served by certified mail a notice of hearing stating the time, date, and place of the hearing. The notice of hearing shall be sent by certified mail, return receipt requested, to the mailing address of the protester. b. The party, any intervenor, and the city shall each have the right to be represented by counsel, to call and examine witnesses, to introduce evidence, to examine opposing or rebuttal witnesses on any relevant matter related to the protest even though the matter was not covered in the direct examination, and to impeach any witness regardless of which party first called him/her to testify. The hearing officer may extend the deadline for completion of the protest hearing for good cause shown, but such an extension shall not exceed an additional five business days. The hearing officer shall consider the written protest and supporting documents and evidence appended thereto, supporting documents or evidence from any intervenor, and the decision or recommendation as to the solicitation or award being protested, as applicable. The protesting party, and any intervenor, must file Invitation for Bid (I1713) 1254386 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 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. Invitation for Bid (IFB) 1254386 (q 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/Contractor shall not sell, assign, transfer, or subcontract at any time during the term of the Contract, the Contract itself, or any portion thereof, or any part of its operations, or assign, sell, pledge, dispose, convey, or encumber any portion of the performance required by this Bid Contract, except under, and by virtue of written permission granted by the City through the proper officials, which may be withheld or conditioned, in the City's sole discretion. 1.78. SERVICE AND WARRANTY - When specified, the Bidder shall define all warranty, service, and replacements that will be provided. Bidders must explain on the Bid to what extent warranty and service facilities are available. A copy of the manufacturer's warranty, if applicable, should be submitted with Bidder's response. 1.79. SILENCE OF SPECIFICATIONS - The apparent silence of the scope of work/specifications, and any supplemental scope of work/specification as to any detail or the omission from it, of detailed description concerning any point, shall be regarded as meaning that only the best commercial practices are to prevail, and that only materials of first quality and correct type, size, and design shall be used. All workmanship and services shall be first quality. All interpretations of the scope of work/specifications shall be made upon the basis of this statement. If Bidder has a current contract with the State of Florida, Department of General Services, to supply the items in the Formal Solicitation, the Bidder shall quote not more than the contract price; failure to comply with this request will result in disqualification of the Bid. 1.80. SUBMISSION AND RECEIPT OF BIDS - 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 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 timely submittal 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): Invitation for Bid (IFB) 1254386 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/Contractor effective as of the date specified in the notice, should any of the following apply: A. The Successful Bidder/Contractor is determined by the City, to be in breach of any of the terms and conditions of the Bid Contract. B. The City has determined that such termination will be in the best interest of the City, to terminate the Bid Contract for its own convenience; C. Funds are not available to cover the cost of the contracted goods and/or services. The City's obligation is contingent upon the availability of appropriate funds. 1.83. TERMS OF PAYMENT - Payment will be made by the City after the goods and/or services have been received, inspected, and found to comply with award specifications, free of damage, or defect, and properly invoiced. Payment will be made after delivery, within forty-five (45) days of receipt of an invoice, and authorized inspection and acceptance of the goods/services, and pursuant to Section 218.74, Florida Statutes, and other applicable law. 1.84. TIMELY DELIVERY - Time will be of the essence for any orders placed as a result of the Formal Solicitation. The City reserves the right to cancel such orders, or any part thereof, without obligation, if delivery is not made within the time(s) specified in the Bid. Deliveries shall be made during regular City business hours, unless otherwise specified in the Special Conditions. 1.85. TITLE - Title to the goods shall not pass to the City until after the City has inspected and accepted the goods or used the goods, whichever comes first. 1.86. TRADE SECRETS EXECUTION TO PUBLIC RECORDS DISCLOSURE -All Bids submitted to the City are subject to public disclosure, pursuant to Chapter 119, Florida Statutes. An exception may be made for "trade secrets." If the Bid contains information that constitutes a "trade secret", all material that qualifies for exemption from Chapter 119, must be submitted in a separate envelope, clearly identified as "TRADE SECRETS Invitation for Bid (IFB) 1254386 EXCEPTION," with Bidder's name, the Formal Solicitation number, and title marked on the outside. Please be aware that the designation of an item as a trade secret by Bidder may be challenged in court by any person. By Bidder's designation of material in Bidder's Response as a "trade secret" Bidder agrees to indemnify and hold harmless the City for any award to a plaintiff for damages, costs, or attorney's fees and for costs and attorney's fees, incurred by the City, by reason of any legal action challenging Bidder's claim. 1.87. UNAUTHORIZED WORK OR DELIVERY OF GOODS - Neither the Successful Bidder/Contractor nor any of their employees shall perform any work, or deliver any goods, unless a change order or purchase order is issued and received by the Successful Bidder/Contractor. The Successful Bidder/Contractor will not be paid for any work performed, or goods delivered outside the scope of the Bid Contract, or any work performed by Successful Bidder's/Contractor's employee(s) not otherwise previously authorized. 1.88. USE OF NAME - The City is not engaged in research for advertising, sales promotion, or other publicity purposes. No advertising, sales promotion, or other publicity materials containing information obtained from the Formal Solicitation shall be mentioned, or imply the name of the City, without prior express written permission from the City Manager, or the City Commission. 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) 1254386 2. Special Conditions 2.1 PURPOSE The purpose of this Solicitation is to establish a contract, for Decontamination, Disinfection, and Disposal of Bio-Hazardous Waste, Hydrocarbon, or Chemical Spills, as specified herein, from a source(s), fully compliant with the terms, conditions and stipulations of the Solicitation. 2.2 PRE-BID/PRE-PROPOSAL CONFERENCE A Virtual Voluntary pre -bid conference will be held on January 20' at 10:00 AM through Microsoft TEAMS Cr.k here to i o i n the m eeti n ❑ or via phone (786) 530-7005 Conference ID# 699 800 258#. A discussion of the requirements of the Solicitation will occur at that time. Each potential Bidder is required, prior to submitting their Bid to acquaint themselves 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 Monday, January 25, 2021 @ 2:00 PM. 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 METHOD OF AWARD Award of Groups 1,2,3 and 4 will be made to the lowest responsive and responsible Bidder(s) whose bid(s) offer(s) the lowest prices by total of all four (4) groups. Bidder(s) must bid on all items, in groups 1, 2, 3, and 4 or be considered non- responsive . The award for Group 5 will be made to all the responsive and responsible Bidders who meet the minimum requirements set forth in this solicitation. Awarded Bidders will be placed in a pre -qualified pool of vendors list. The list will be accessed by the City to obtain spot market quotations to have specialty decontamination/ sanitation services using electrostatic type sprayers or any other services noted needed when needed. The City intends to award all groups of this solicitation in two (2) categories, Federally Funded and Non -Federally Funded. All Bidders may apply to one (1) category (Federally Funded or Non -Federally Funded) or both categories stated on this solicitation. 2.5 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 two (2) additional two (2) 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. 2.6 CONDITIONS FOR RENEWAL Invitation for Bid (IFB) 1254386 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 2.7 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(s)/Proposer(s) of such occurrence, shall have the unqualified right to terminate the contract without any penalty or expense to the City. No guarantee, warranty or representation is made that any project(s) will be awarded to any firm(s). 2.8 BIDDERS MINIMUM QUALIFICATIONS Bids will only be considered from firms that are regularly engaged in the business of providing goods and/or services as described in this bid; that has the same Federal Employment Identification Number ("FEIN") for three (3) consecutive years; and that have sufficient financial support, equipment and organization to insure that they can satisfactorily provide the services if awarded a Contract under the terms and conditions herein stated. Bidder shall not have: 1. Any member, officer, or stockholder that is in arrears or in default of any debt or contract involving the City, is a defaulter surety otherwise, upon any obligation to the City, and/or has failed to perform faithfully on any previous contract with the City; or 2. Any record of pending lawsuits or criminal activities or have ever been declared bankrupt. Bidder shall provide: 1. Five references from previous contracts with municipalities and/or businesses for which they have provided the services as described in this IFB_ 2. Certification of handling bio-hazardous waste (only for Groups 1-4, Group 5 is exempt). 2.9 CERTIFICATE REQUIREMENTS/COMPLIANCE WITH FEDERAL STANDARDS Any person, firm, corporation or joint venture who offers a bid, at the time of such bid, shall hold valid Certificates issued by Occupational Safety and Health Administration (OSHA) for Blood Borne Pathogens Training, the Bio- Hazardous Medical Waste Transport License, and individual proof of receipt of Hepatitis shot or Declination Certificate, qualifying said person(s), firm, corporation, or joint venture to perform the work proposed. Also, any and all requirements from the National Institute of Occupational Safety Hazards (NIOSH) and the National Fire Protection Association (NFPA). The collection, preservation, delivery, disposal, and reporting of waste and/or samples whether done solely or in part by the Successful Bidder(s), its personnel, or sub -contractors, must be in accordance with the Department of Environmental Protection Standard Operating Procedures (FDEP SOP) for Field Activities, DEP-SOP-00 1/0 I.Successful Bidder(s) shall remain liable for all sub -contractors activities. Perspective Bidders for hazardous materials response must be able to demonstrate compliance with OSHA Hazardous Waste Operations and Emergency Response (HAZWOPER) per Section 1910.120 of OSHA rules. 2.10 LICENSES, PERMITS, AND FEES The Successful Bidder(s) shall obtain and pay for all licenses, permits, and inspection fees required for these services; and shall comply with all federal, state, and/or local laws, ordinances, rules, and regulations applicable to the work contemplated herein. Damages, penalties, and/or fines imposed on the City or the Successful Bidder(s) for failure to obtain required licenses, permits, or fines shall be borne by the Successful Bidder(s). Invitation for Bid (IFB) 1254386 2.11 REFERENCES Each bid must be accompanied by a list of five (5) references, as reflected in Certifications Section of this Solicitation, which shall include the name of the company, dates of contract, description of goods/services supplied, a contact person and the telephone number. NO BID WILL BE CONSIDERED WITHOUT THIS LIST. 2.12 INSURANCE REQUIREMENTS 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. 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 agamst 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. 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 -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 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 sub -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. Please see Insurance Addendum, located in the Documents section of this solicitation, for insurance definitions, requirements, and conditions. The Successful Bidder shall furnish to City of Miami, c/o Procurement Department, 444 SW 2nd Avenue, 6th Floor, Miami, Florida 33130, Certificate(s) of Insurance which indicate that insurance coverage has been obtained which meets the requirements as outlined below: INSURANCE REQUIREMENTS - 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 Invitation for Bid (IFB) 1254386 B. Endorsements Required City of Miami listed as additional insured Contingent & Contractual Liability Premises and Operations Liability Primary Insurance Clause Endorsement IL Business Automobile Liability A. Limits of Liability Bodily Injury and Property Damage Liability Combined Single Limit Owned/Scheduled Autos Including Hired, Borrowed or Non -Owned Autos Any One Accident $ 1,000,000 B. Endorsements Required City of Miami listed as an additional insured Pollution Endorsement III. Worker's Compensation Limits of Liability Statutory -State of Florida Waiver of Subrogation Employer's Liability A. Limits of Liability $ 500,000 for bodily injury caused by an accident, each accident $ 500,000 for bodily injury caused by disease, each employee $ 500,000 for bodily injury caused by disease, policy limit IV. Professional Liability/Errors and Omissions Coverage Combined Single Limit Each Claim $ 1,000,000 General Aggregate Limit $ 1,000,000 Retro Date Included V. Pollution Liability Each Occurrence $ 1,000,000 Policy Aggregate $ 1,000,000 City of Miami listed as an additional insured VL Umbrella Liability Each Occurrence $ 1,000,000 Policy Aggregate $ 1,000,000 City of Miami listed as an additional insured. Coverage is excess follow Form over all applicable liability policies contained herein. 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 Invitation for Bid (IFB) 1254386 Jersey, or its equivalent. All policies and /or certificates of insurance are subject to review and verification by Risk Management prior to insurance approval. 2.13 NOTICE REGARDING CURES Please refer to Section 1.56, Notice Regarding "Cures" of the General Terms and Conditions of this Solicitation. 2.14 TIE BIDS Whenever two (2) 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 dmg-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 margin 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 or plea of guilty 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; and 6. Make a good faith effort to continue to maintain a drug -free workplace through implementation of this section. 2.15 PROJECT MANAGER Upon award, Successful Bidder shall report and work directly with Joy Saunlett - Administrative Assistant and Major Richard Perez - Communications Major or designee(s), who shall be designated as the Project Manager(s) for the City. 2.16 SUPERVISION AND AUTHORITY The Successful Bidder shall employ a competent supervisor, at no additional cost to the City, who shall be in charge of each project assignment and monitor the quality of the work and performance of Successful Bidder's personnel during the progress of the project. The supervisor shall be the primary representative for the Successful Bidder and all communications given to and all decisions made by the supervisor shall be binding on the Successful Bidder. Notwithstanding, the supervisor shall be considered, at all times, an employee of the Successful Bidder under its sole direction and not an employee or agent of the City of Miami. The supervisor, at all times, must either be personally present at the worksite or be represented at the worksite by a responsible agent designated by the Successful Bidder in written notice to the City prior to the beginning of work. Such notification shall include pertinent data such as addresses, phone numbers, etc., where said agent may be contacted at any time of the day or night. The agent shall be clothed with full authority to act for the Successful Bidder in all cases, and to carry out any instructions relative to the work given by the City. 2.17 FIXED AND FIRM PRICING Invitation for Bid (IFB) 1254386 The Successful Bidder(s) warrant(s) that the Prices quoted for Group Nos. 1-4 of this bid will remain fixed and firm throughout the full term of the contract including any extension thereof. 2.18 EQUITABLE ADJUSTMENT The Procurement Department may, in its sole discretion, make an equitable adjustment in the contract terms and/or pricing if pricing or availability of supply is affected by extreme or unforeseen volatility in the marketplace, that is, by circumstances that satisfy all the following criteria: (1) the volatility is due to circumstances beyond the Successful Bidder's control, (2) the volatility affects the marketplace or industry, not just the particular contract source of supply, (3) the effect on pricing or availability of supply is substantial, and (4) the volatility so affects the Successful Bidder that continued performance of the contract would results in a substantial loss_ Successful Bidder might have to supply documentation to justify any requested percentage increase in cost to the City of Miami. This only applies to Group 5. 2.19 SUBCONTRACTORS OF WORK SHALL BE IDENTIFIED As part of this Bid, the Bidders are required to identify any and all Subcontractors that will be used in the performance of this proposed contract, their capabilities, experience, minority designation, as defined in Ordinance 10062 and the portion of the work to be done by the Subcontractor. Failure to identify any and all subcontractors in the Bid shall render the Bid non -responsive, unless, the Successful Bidder submits this documentation to the City within five (5) working days after the bid opening. The Successful Bidder shall not, at any time during the tenure of the contract, subcontract any part of his operations or assign any portion or part of the contract, to Subcontractor(s) not originally mentioned in their Bid, except under and by virtue of permission granted by the City through the proper officials. Nothing contained in this specification shall be construed as establishing any contractual relationship between any Subcontractor(s) and the City. The Successful Bidder shall be fully responsible to the City for the acts and omissions of the Subcontractor(s) and their employees, as for acts and omissions of persons employed by the Successful Bidder. 2.20 FEDERALLY FUNDED PROJECTS (A) INTRODUCTION This section applies to all projects funded with federal dollars. Section 2.1 also applies to these Groups. Bidders must use the applicable Federally Funded Bid Pricing for this bid when pricing for all the groups- (B) LOCAL PREFERENCE Local Preference referenced per Section 1.48 does not apply to this Solicitation. (c) DAVIS-BACON ACT Federally assisted construction contracts must adhere to Davis -Bacon Act wages and benefits rate schedules. Each Bidder shall use the Federal Wages reflected in Wage General Decision Number- FL 180260 01/12/2018 FL260 in developing its bid for this project. The selected bidder/contractor shall be required to provide certified payroll records documenting the work performed on this project. Wage General Decision Number- FL 180260 01/12/2018 FL260 can be found in the Documents Section under. (d) COMPLI_ANCE WITH THE COPELAND "ANTI -KICKBACK" ACT 1. The Contractor shall comply with 18 U.S.C. § 3145, and the requirements of 29 C.F.R. pt. 3 as may be applicable, which are incorporated by reference into this contract. Invitation for Bid (IFB) 1254386 2. The Contractor or subcontractor shall insert in any subcontracts the clause above and such other clauses as the FEMA may be appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The Contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all of these contract clauses. 3. A breach of the contract clauses above may be grounds for termination of the contract, and for debarment as a Contractor and subcontractor as provided in 29 C.F.R. § 5.12. (e) COMPLIANCE WITH THE CONTRACT WORK HOURS & SAFETY STANDARDS ACT 1. Overtime Requirements: No Contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty (40) hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one half time the basic rate of pay for all hours worked in excess of forty (40) hours in such workweek. 2. Violation; liability for unpaid wages; liquidated damages: In the event of any violation of the clause set forth in paragraph (1) of this section, the Contractor and any subcontractor responsible therefore shall be liable for the unpaid wages. In addition, such Contractor and subcontractor shall be liable to the United States (in case of the work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (1) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty (40) hours without payment of the overtime wages required by the clause set forth in paragraph (1) of this section. 3. Withholding for unpaid wages and liquidated damages: The City of Miami shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the Contractor or subcontractor under any such contract or any other Federal contract with the same Contractor, or any other federally -assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the Contractor, such sums as may be determined to be necessary to satisfy any liabilities of such Contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2) of this section. 4. The Contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (1) through (4) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontract. The Contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraph (1) through (4) of this section. (1) NOTIFICATION TO PERFORM WORK The Successful Bidder shall notify the Project Manager when an employee is on the property and for what purpose. (g) BACKGROUND CHECKS The Successful Bidder shall be required to comply with the background screening specifications as listed in the Jessica Lunsford Act, Florida Statue § 1012-32. The law requires that before contract personnel are permitted access on grounds when children are present, or if they will have direct contact with children, or have access to or control of school funds, they must have completed Level Two (2) screening requirements. Prior to commencement of the project, the Successful Bidder shall provide Level Two (2) background screening results for all employees completing the work on park grounds. (h) EQUAL EMPLOYMENT OPPORTUNITY During the performance of this contract, the Contractor agrees as follows: Invitation for Bid (IFB) 1254386 1. The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Contractor will take affirmative action to ensure that applicants are employed, and the employees are treated during employment without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2. The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive considerations for employment without regard to race, color, religion, sex, or national origin. 3. The Contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representative of the Contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 5. The Contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. 6. In the event of the Contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions as may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. 7. The Contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or order of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, That in the event a Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency the Contractor may request the United States to enter into such litigation to protect the interests of the United States. (i) CLEAN AIR ACT 1. The Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq. 2. The Contractor agrees to report each violation to the City of Miami and understands and agrees that the City of Miami will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. 3. The Contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA. (j) FEDERAL WATER POLLUTION CONTROL ACT 1. The Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C.1251 et seq. 2. The Contractor agrees to report each violation to the City of Miami and understands and agrees that the City of Miami will, in turn, report each violation as required to assure notification to the Federal Invitation for Bid (IFB) 1254386 Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. 3. The Contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA. (k) NO OBLIGATION BY FEDERAL GOVERNMENT The Federal Government is not a party to this contract and is not subject to any obligation or liabilities to the non -Federal entity, Contractor, or any other party pertaining to any matter resulting from the contract. (1) PROGRAM FRAUD & FALSE OR FRAUDULENT STATEMENTS OR RELATED ACTS The Contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the Contractor's actions pertaining to this contract. (m) BYRD ANTI -LOBBYING AMENDMENT, 31 U.S.C. § 1352 (AS AMENDED) Bidders who bid for an award of $100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer, or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non -Federal funds that take place in connection with obtaining any Federal award. Such disclosures are forwarded form tier to tier up to the recipient. Please refer to Documents Section of this solicitation for the "Certification Regarding Lobbying" attachment. Tt is MANDATORY for the Bidders to return this form signed along with their bid. (n) PROCUREMENT OF RECOVERED MATERIALS In the performance of this contract, the Contractor shall make maximum use of products containing recovered materials that are EPA -designated items unless the product cannot be acquired; a. Competitively within a timeframe providing for compliance with the contract performance schedule; b. Meeting contract performance requirements; or c. At a reasonable price. Information about this requirement, along with the list of EPA -designate items, is available at EPA's Comprehensive Procurement Guidelines web site, https://www_epa.gov/smm/comprehensive-procurement-guideline-cpg-program. (o) DHS, SEAL, LOGO, AND FLAGS The Contractor shall not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA pre -approval. (p) COMPLIANCE WITH FEDERAL LAW, REGULATIONS, AND EXECUTIVE ORDERS This is an acknowledgement that FEMA financial assistance will be used to fund this contract only. The Contractor will comply with all applicable federal law, regulations, executive orders, FEMA policies, procedures, and directives- (q) ACCESS TO RECORDS Invitation for Bid (I1713) 1254386 1. The Contractor agrees to provide the City of Miami, (insert name of project manager), the FEMA Administrator, the Comptroller General of the United States, or any of their authorized representatives access to any books, documents, papers, and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts, and transcriptions_ 2_ The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. 3. The Contractor agrees to provide the FEMA Administrator or his authorized representatives' access to construction or other work sites pertaining to the work being completed under the contract. (r) SUSPENSION AND DEBARMENT (IN ADDITION TO GENERAL TERMS AND CONDITIONS, SECTION 1.25) 1. This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such the Contractor is required to verify that none of the Contractor, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935). 2. The Contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. 3. This certification is a material representation of fact relied upon by City of Miami. If it is later determined that the Contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the State of Florida, and the City of Miami, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. 4. The Contractor agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The Contractor further agrees to include a provision requiring such compliance in its lower tier covered transactions. 2.21 NON -FEDERALLY FUNDED PROJECTS (a) INTRODUCTION This section applies to all projects that are non -federally funded. Section 2.1 also applies to this Group. Bidders must use the applicable Bid Pricing for this bid. (b) LOCAL PREFERENCE Local Preference referenced per Section 1.48 applies to this Solicitation. (c) LIVING WAGE Living wage ordinance applies for all non -federally funded projects as stated on 1.38 FLORIDA MINIMUM WAGE AND CITY OF MIAMI LIVING WAGE ORDINANCE 2.22 RESPONSE TIME A maximum two (2) hour response time is required subsequent to notification of need by authorized City of Miami Police or Fire/Rescue personnel or be subject to Liquidated Damages as reflected in Section 2.48 for Groups 1-4. For group 5, response time will be indicated in each request. 2.23 SAFETY MEASURES The Successful Bidder shall take all necessary precautions for the safety of employees, and shall erect and properly maintain at all times all necessary safeguards for the protection of the employees and the public. Danger signs warning against hazards created by their operation and work in progress must be posted. Invitation for Bid (IFB) 1254386 All employees of Successful Bidder shall be expected to wear safety glasses or goggles, appropriate clothing, and hearing protection when and wherever applicable. The Successful Bidder shall use only equipment that is fully operational and in safe operating order. The Successful Bidder shall be especially careful when servicing property when pedestrians and/or vehicles are in close proximity - work shall cease until it is safe to proceed. 2.24 USE OF PREMISES The Successful Bidder(s) shall confine his/her equipment, apparatus, the storage of materials, and the operation of his/her workmen to the limits indicated by law, ordinances, permits, or direction of the project manager, and shall not unreasonably encumber the premises with his/her materials. The Successful Bidder(s) shall take all measures necessary to protect his/her own materials_ 2.25 DAMAGES TO PUBLIC/PRIVATE PROPERTY The Successful Bidder shall carry out the work with such care and methods as not to result in damage to public or private property adjacent to the work. Should any public or private property be damaged or destroyed, the Successful Bidder, at their expense, shall repair or make restoration as is practical and acceptable to the City and/or owners of destroyed or damaged property promptly within a reasonable length of time. (Not to exceed one month from date damage was done). 2.26 COMPLETED SERVICES The City shall be notified by the Successful Bidder(s) upon completion of services performed. The City shall inspect and approve same before authorizing payment. Services not satisfactorily completed shall be redone by the Successful Bidder at no additional charge to the City. 2.27 RECORD KEEPING As stated in Section 3.6, Record Keeping, the Successful Bidder shall prepare and submit a response form, detailing incident particulars to the requesting City of Miami Department. Response technician and City of Miami Project Manager or designee at the incident location must sign the form following any clean-up. A copy of the form is to be left with the City of Miami Project Manager or designee following clean-up and submit a copy with the invoice. The Successful Bidder shall retain a record of all reports, information, receipts, and clean-up documentation (keep all files confidential). Only City of Miami Project Manager or designee shall have access to all City of Miami files retained by Successful Bidder. 2.28 STRUCTURE OF GROUP 5- POOL OF VENDORS It is the City's intention that to create a Pool of Successful Bidder's to be available to provide the requested services as needed. The Pool will have as many members as the City deems appropriate. The City may periodically add members and categories. The addition of new members and/or categories will be done through a competitive process using the minimum qualification requirements established in this Solicitation, as described in Section 2.8 Bidder's Minimum Requirements. At the City's discretion, members may be dropped from the Pool for lack of participation, which shall include failure over a reasonable time to propose on Spot Market Quote Requests ("Quotes") offered through the Pool, poor performance in executing a quote, being in arrears in obligations to the City, and any other reason specified by City policies and/or procedures. Successful Bidders shall maintain the qualifications of the firm and proposed personnel at a standard consistent and equivalent to the qualification submissions submitted in response to this IFB. 2.29 GROUP 5- SPOT MARKET PRICING PROCEDURE Successful Pre -qualified Bidders in this group will participate in subsequent spot market quotations as required by the City, on an as- needed basis. Spot market pricing procedures may be initiated either by User Department or the Department of Procurement. In general, written spot market quotes will be gathered from all vetted pre -qualified vendors Invitation for Bid (IFB) 1254386 for the decontamination, disinfecting and/or sanitation of the City's buildings, facilities and/or vehicles Spot market quotations will include the technical specifications and any terms and conditions specific for the specialty job requested. All members submitting a spot market quote must abide by the deadlines stated in the quote request. The City reserves the right to verify the information submitted by the Successful Bidder's and to obtain and evaluate additional information, as it deems necessary, to ascertain the Successful Bidder's conformance to the minimum requirements. 2.30 METHOD OF PAYMENT Full payment will be made upon receipt of invoice and acceptance of a completed clean-up job. No down or partial down payments will be made. 2.31 PRIMARY CLIENT (FIRST PRIORITY) The Successful Bidder(s) agree upon award of this contract that the City of Miami shall be its primary client and shall be serviced first during a schedule conflict arising between this contract and any other contract Successful Bidder(s) may have with any other cities and/or counties to perform similar services as a result of any catastrophic events such as tornadoes, hurricanes, severe storms or any other public emergency impacting various areas during or approximately the same time. 2.32 FAILURE TO PERFORM Should it not be possible to reach the Successful Bidder(s) and/or should remedial action not be taken within forty-eight (48) hours of any failure to perform according to specifications, the City reserves the right to declare Successful Bidder(s) in default of the contract or make appropriate reductions in the contract payment. 2.33 LIQUIDATED DAMAGES Successful Bidder(s) shall respond to all items by the guaranteed response time specified by the City in Section 2.22 Response Time, of this Solicitation. If the Successful Bidder(s) fails to arrive within the specified arrival time, it is understood that up to a $150.00 amount of the total invoice price may be deducted, as liquidated damages, for each one (1) hour period beyond the specified arrival time (not to exceed the total amount of the job), not as a penalty, but as compensation for the potential Risk, Health, Safety, and Liability exposure to the City. 2.34 ADDITIONS/DELETIONS OF FACILITIES/ITEMS/SERVICES/SUPPLIER(S) Although this Solicitation identifies specific facilities/items/services/supplier(s) to be serviced, it is hereby agreed and understood that any facilities/items/services/supplier(s) may be added/deleted to/from this contract at the option of the City. When an addition to the contract is required, the Successful Bidder(s) under this contract shall be invited to submit price quotes for these new facilities/items/sery ice s/supplier(s). If these quotes are comparable with market prices offered for similar facilities/items/services/supplier(s), they shall be added to the contract, whichever is in the best interest of the City, and an amendment and a separate purchase order shall be issued by the City_ 2.35 TERMINATION A. FOR DEFAULT If Successful Bidder defaults in its performance under this Contract and does not cure the default within thirty (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's fai lure 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 thirty (30) days prior written notice when it is Invitation for Bid (IFB) 1254386 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. 2.36 ADDITIONAL TERMS AND CONDITIONS No additional terms and conditions included as part of your solicitation response shall be evaluated or considered, and any and all such additional terms and conditions shall have no force or effect and are inapplicable to this solicitation. If submitted either purposely, through intent or design, or inadvertently, appearing separately in transmittal letters, specifications, literature, price lists or warranties, it is understood and agreed that the General Conditions and Special Conditions in this solicitation are the only conditions applicable to this solicitation and that the Bidder's authorized signature affixed to the Bidder's acknowledgment form attests to this. If a Professional Services Agreement ("PSA") or other Agreement is provided by the City and is expressly included as part of this solicitation, no additional terms or conditions which materially or substantially vary, modify or alter the terms or conditions of the PSA or Agreement, in the sole opinion and reasonable discretion of the City will be considered. Any and all such additional terms and conditions shall have no force or effect and are inapplicable to this PSA or Agreement. Invitation for Bid (IFB) 1254386 3 Specifications 3.1 SPECIFICATIONS/SCOPE OF WORK The Successful Bidder(s) shall furnish all equipment, labor, services and materials to perform all work necessary to provide decontamination, remediation, and disinfection of all types of Bio-Hazardous Waste, Hydrocarbon, Chemical Hazards, or Spills_ Successful Bidder(s) shall respond to incidents such as, but not limited to, hazardous materials ("Hazmat") clean-up, including blood and other biological hazardous waste clean-up, crime scene clean-up, and more as deemed necessary by the City of Miami ("City"). Bidder shall provide cleaning, decontaminating, and disposing services, not limited to the following 1. Automobiles (vehicles of all types); 2. Traffic Accidents; 3. Homicides sites; 4. Suicides sites; 5. Decompositions; 6. Tear gas; 7. Rodent/droppings; 8. Hoarders/clutter; 9. Fingerprint dusting; 10. Human/animal waste/odor; 11. Fire damages; 12. Water damage; and 13. Hydrocarbon or chemical spills_ 14. Holding cells 15_ Floors 16. Ceilings 17. Furniture 18. Walls 19. Countertops 20. Interview rooms 21. Equipment 3.2 DECONTANIINATION Area to be decontaminated with a broad spectrum of EPA Registered/Approved cleansers (i.e. Cavicide) and remediation materials. 3.3 DISPOSAL All contaminated materials will be treated and lawfully disposed of as bio-hazardous waste as regulated under Florida Department of Health Chapter 64E-16 F.A.C. Successful Bidder(s) shall provide the City with a Certificate of Destruction from the bio-hazard destruction company for all bio-hazardous materials destroyed_ 3.4 GROUPS GROUP 1: Bio-Hazardous Clean-up Services - Decontamination, Remediation and Disinfection of all Bio- Hazardous Waste, Hydrocarbon, Chemical Hazards, or Spills shall be billed based upon the following requirements (the following incidents are considered "normal' and will be set at a flat fee for one (1) hour maximum billing): a. Police Vehicle Clean-up; b. Police Interview Room Clean-up; and c. Successful Bidder will provide clean-up of all surfaces that are contaminated with blood borne pathogens, semen, and vaginal and/or other secretions that might contain these fluids such as saliva, vomit, urine, or feces of a significant quantity or size. Invitation for Bid (IFB) 1254386 GROUP 2: Any time that the Successful Bidder(s) is/are dispatched to a trauma scene or any other scene on City owned public property, billing shall be charged at an established two (2) hour maximum flat fee for Decontamination, Remediation, and Disinfection of all Bio-Hazardous Waste, Hydrocarbon, Chemical Hazards, or Spills shall be billed based upon the following requirements: a. A two (2) crew member team of Bio-Hazard or Hazmat Remediation Technicians, as required; b. Up to two (2) hours of labor; c. All transportation is included in rate; d. Up to two (2), thirty-five (35) gallon Bio-Hazard/Hazmat boxes including lawful disposal; e. Lawful disposal of up to ninety-six (96) gallons of liquid Bio-Hazard/Hazmat waste, and; f. Basic supplies for cleaning and remediation including personal protective equipment (PPE), Hazmat materials, red bags, chemicals, etc. GROUP 3: Any scene involving more time, beyond the two (2) hour flat fee for Decontamination, Remediation, and Disinfection of all Bio-Hazardous Waste, Hydrocarbon, Chemical Hazards, or Spills shall be billed based upon the following requirements below: a. Hourly Rate Per Technician; b. Rate per additional thirty-five (35) gallon Bio-Hazard/Hazmat box including lawful disposal, and; c. Flat rate per additional ninety-six (96) gallon liquid Bio-Hazard/Hazmat container including lawful disposal. GROUP 4: All-inclusive cost for Pressure Cleaning and existing inlet/manholes impacted by illegal spill as indicated by City's Project Manager or designee (i.e. such as motor car oil/transmission spills, household paint, antifreeze, grease, cooking oil, etc.). GROUP 5: Decontamination/Disinfection and or Sanitation Services - of City of Miami buildings, facilities and/or vehicles. All Successful Bidder(s) in the vendor pool list will be sent a quote request via email, where they will be given a detailed description of the specialty job with number of vehicles and square footage of location and timeline of the specialty job to be provided. Each quote request shall have a deadline for quote submission. The lowest quote will be sent an email and/or phone call to provide the service as quoted_ Services shall commence by the timeline that was stated in each request. When Successful Bidder is at job site location and there is additional work to be done from that initially stated on the quote, Successful Bidder shall inform and receive email or written approval from the Project Manager before performing additional outside of the scope that was originally submitted and approved in the initial spot market quote request. All other quote submissions will receive an email notifying the vendor their quote was not the lowest quote. Successful Bidder(s) shall provide a list of chemicals used to decontaminate, disinfect and or sanitize at any request by City employees. All products must be approved and be stated on the Environmental Protection Agency ("EPA") list and used properly as stated in Center for Disease Control ("CDC") Guidelines. Successful Bidder shall decontaminate, disinfect and/or sanitize all surfaces that are contaminated with what might contain fluids such as saliva or any fluid that may spread viral diseases (i.e. Covid-19, Hepatitis, Ebola, Smallpox, SARS, Tuberculosis). Successful Bidder shall use an electrostatic machine and/or equal product as well as disinfectant wipes as needed. itx ANNIE PEREZ, CPPO ARTHUR NORIEGA V. Di—P---t City Ma age, �} Ot . s Pi H ADDENDUM NO. 1 IFB No. 1254386 February 8, 2020 Invitation For Bid ("IFB") for Provision of Bio-Hazardous Waste, Spills and Decontamination Services TO: ALL PROSPECTIVE BIDDERS: The following changes, additions, clarifications, and deletions amend the IFB documents of the above captioned IFB and shall become an integral part of the Contract Documents. Deletions of contract language will be specified herein. Bold words and/or figures shall be added. The remaining provisions are now in effect and remain unchanged. Please note the contents herein and reflect same on the documents you have on hand. A. IFB closing date has been changed to Thursday, February 18, 2021 at 2:00 P.M. B. The following are inquiries received and the City of Miami's ("City") corresponding responses: Q1. Are the billing procedures for federally funded line items different from the non -federally funded line items? Al. No, there are no additional procedures for invoicing on federally funded projects nor do they differ from the non -federally funded line items. Q2. Does the City need to be listed as additionally insured in the certificate of insurance? A2. Yes, refer to section 2.12, Insurance Requirements. Q3. Does the supplier need to be physically located in Miami? A3. No, the Successful Bidder does not need to be located in Miami, so as long as they are able to provide the services required in this Solicitation, which requires the Successful Bidder(s) to be physically present at the location. Q4. With regards to vehicles in section 3.1 (1. Automobiles (vehicles of all types); will vehicles always be decontaminated on the site of the incident? Is there an expectation to move the vehicle or work on the vehicle after it has been moved? A4. Yes, the vehicles would need to be decontaminated on site. However, the Commanding Officer on scene or designee will determine if the vehicle needs to be to moved, and will do so prior to the Successful Bidder's arrival. The Successful Bidder shall respond to the location requested and the decontamination shall take place with safety measures in place (when warranted) at the location requested for that service call. Q5. Has the City solicited and awarded a contract for these services in the past? A5. Yes, the City has awarded a contract for these services in the past. Q6. Which company was awarded this contract the last time it was put out for bid? A6. Bioresponse Corp. Q7. Can you provide the bid tabulation for the last IFB? A7. Please refer to the attached Exhibit A, Tabulation. Q8. Does this IFB require a Bid Bond? A8. No. Please refer to Section 1.11 Bid Bond/Bid Security. Q9. Does this IFB require a Performance Bond? A9. No. Please refer to Section 1.61 Performance Bond Q10. Does this IFB require a certified payroll? A10. No, certified payroll is not a requirement of this Solicitation. Q11. How many Bidder's will be selected for this IFB? A11. Please refer to Section 2.4 Method of Award. For Groups 1-4, only one (1) Bidder will be awarded; for Group 5, the City will establish a pool of vendors and all the vendors who meet and/or exceed the minimum requirements will be selected and added to a pre -qualified vendor's list. Q12. For all roadside responses, will the City be responsible for securing the scene and providing all Maintenance of Traffic ("MOT") lane closures etc.? Al2. Yes, the City will be responsible for securing the scene if warranted. Q13. Is this a 24-hour response contract inclusive of nights, weekends, holidays? A13. Yes, this contract may require service during nights, weekends, and holidays. K 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 AP:vg cc. Fernando Casamayor, Assistant City Manager /Chief Financial Officer Ronald Papier, Deputy Assistant Chief of Police Yadissa A. Calderon, 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 the bid. NAME OF FIRM: SIGNATURE: DATE: 6/14/2021 Detail by Entity Name DIVISION OF CORPORATIONS orgy �� rre� u/�irlul �i'tut_� u/'Ilur1,lst �vyE+�tty Department of State / Division of Corporations / Search Records / Search by Entity Name / search.sunbiz.org /Inquiry/CorporationSearch/SearchResultDetail?i nq ui rytype= EntityName&di recti onType= Initial&searchN ameOrder=BIORESPON SE P05000... 1 /2 6/14/2021 1 IVI IAIVI I, F L :331 bb Detail by Entity Name Annual Reports Report Year Filed Date 2019 03/29/2019 2020 03/03/2020 2021 01 /25/2021 Document Images 01/25/2021 —ANNUAL REPORT View image in PDF format 03/03/2020 —ANNUAL REPORT View image in PDF format 03/29/2019 —ANNUAL REPORT View image in PDF format 03/22/2018 — ANNUAL REPORT View image in PDF format 03/20/2017 —ANNUAL REPORT View image in PDF format 01/11/2016 —ANNUAL REPORT View image in PDF format 02/26/2015 —ANNUAL REPORT View image in PDF format 02/27/2014 —ANNUAL REPORT View image in PDF format 03/26/2013 —ANNUAL REPORT View image in PDF format 04/18/2012 —ANNUAL REPORT View image in PDF format 01/20/2011 —ANNUAL REPORT View image in PDF format 01/12/2010 — ANNUAL REPORT View image in PDF format 04/20/2009 —ANNUAL REPORT View image in PDF format 01/28/2008 —ANNUAL REPORT View image in PDF format 04/19/2007 —ANNUAL REPORT View image in PDF format 03/28/2006 —ANNUAL REPORT View image in PDF format 05/31/2005 — Domestic Profit View image in PDF format Florida Department of5tate, Division of Corporations search.sunbiz.org /Inquiry/CorporationSearch/SearchResultDetail?i nq ui rytype= EntityName&di recti onType= Initial&searchN ameOrder=BIORESPON SE P05000... 2/2 6/28/2021 Detail by Entity Name DIVISION OF CORPORATIONS orgy �� rre� u/�irlul �i'tut_� u/'Ilur1,lst �vyE+�tty Department of State / Division of Corporations / Search Records / Search by Entity Name / search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=EntityName&directionType=Initial&searchNameOrder=JRPSONS P1500003896... 1/2 6/28/2021 Detail by Entity Name 14629 SW 104 St Suite 253 MIAMI, FL 33186 Annual Reports Report Year Filed Date 2019 05/16/2019 2020 02/04/2020 2021 01 /28/2021 Document Images 01/28/2021 —ANNUAL REPORT View image in PDF format 02/04/2020 —ANNUAL REPORT View image in PDF format 05/16/2019 —ANNUAL REPORT View image in PDF format 01/27/2018 — ANNUAL REPORT View image in PDF format 04/27/2017 —ANNUAL REPORT View image in PDF format 01/15/2016 —ANNUAL REPORT View image in PDF format 04/29/2015 — Domestic Profit View image in PDF format Florida Department of5tate, Division of Corporations search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=EntityName&directionType=Initial&searchNameOrder=JRPSONS P1500003896... 2/2 6/14/2021 Detail by Entity Name DIVISION OF CORPORATIONS orgy �� rre� u/�irlul �i'tut_� u/'Ilur1,lst �vyE+�tty Department of State / Division of Corporations / Search Records / Search by Entity Name / Detail by Entity Name Florida Limited Liability Company MUMA SA LLC Fi ing Information Document Number L17000147550 FEI/EIN Number 82-2141531 Date Filed 07/10/2017 Effective Date 07/10/2017 State FL Status ACTIVE Principal Address 2297 NE 164th Street North Miami Beach, FL 33160 Changed: 04/30/2021 Mailing Address 2297 NE 164th Street North Miami Beach, FL 33160 Changed: 04/30/2021 Registered Agent Name & Address MARTIN, ALEJANDRO 20350 W COUNTRY CLUB DR 105 AVENTURA, FL 33180 Address Changed: 04/30/2021 Authorized Persons) Detai Name & Address Title AMBR MARTIN, ALEJANDRO 20350 W COUNTRY CLUB DR AVENTURA, FL 33180 Title AMBR search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetaiI?inquirytype=EntityName&directionType=Initial&searchNameOrder=MUMASA L1700014755... 1/2 6/14/2021 Detail by Entity Name FEDERICO, SEBASTIAN 520 NW 165 ST RD MIAMI, FL 33169 Annual Reports Report Year Filed Date 2019 04/27/2019 2020 06/30/2020 2021 04/30/2021 Document Images 04/30/2021 —ANNUAL REPORT View image in PDF format 06/30/2020 —ANNUAL REPORT View image in PDF forrnat 04/27/2019 —ANNUAL REPORT View image in PDF format 04/28/2018 —ANNUAL REPORT View image in PDF format 07/10/2017 — Florida Limited Liability. View irnage in PDF format Florida Department of5tate, Division of Corporations search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetaiI?inquirytype=EntityName&directionType=Initial&searchNameOrder=MUMASA L1700014755... 2/2