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HomeMy WebLinkAboutBack-Up DocumentsDocuSign Envelope ID: 7C07DCF5-F235-4B55-96C7-8ED8EDC7A16E CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM TO: Arthur Noriega V DATE: April 22, 2022 FILE: City Manager SUBJECT: Recommendation of Award for Solid Waste Truck Wash. o­­g oy FROM: AnniecAPerez, CPPO REFERENCES: Invitation for Bid ("IFB") No. Director/Chief Procurement Officer 1476386 Department of Procurement ENCLOSURES: RECOMMENDATION: Based on the findings below, the Department of Procurement ("Procurement") hereby recommends award of IFB No. 1476386, to Ameri-Clean Pumping, Inc. ("Ameri-Clean Pumping"), the lowest responsive and responsible Bidder, for the provision of monthly maintenance services to the Solid Waste Truck Wash Facility for the City of Miami's ("City") Solid Waste Department ("Solid Waste"). The recommended vendor, and contract terms and amount are shown below. IFB No./Title: IFB No. 1476386, Solid Waste Truck Wash. Contract Amount: 18,000.00 annually (approximately $90,000.00 for all five (5) years in the aggregate). Contract Term: Initial term of three (3) years with the option to renew for one (1) additional two (2) year period Recommended Vendor: Ameri-Clean Pumping, Inc. BACKGROUND: On February 23, 2022, Procurement on behalf of Solid Waste, issued IFB No. 1476386 Solid Waste Truck Wash, under full and open competition. As required by the Procurement Code, the IFB was advertised and issued online. On March 18, 2022, at bid closing, two (2) bids were received. All bid responses were evaluated and tabulated following the guidelines published in the IFB, one (1) bid was deemed non -responsive. The bid received from Bubbles Power Clean, Corp, was deemed non -responsive as the company failed to submit the Certification Statement as required in the solicitation. Procurement is recommending award to Ameri-Clean Pumping, the lowest responsive and responsible Bidder, per bid specifications. Consequently, approval of this recommendation to award is requested. Your signature below will indicate approval of this recommendation. CQ `� Date: W April 25, 2022 1 08:11:23 EDT a o 9 Approved: _ _ Arthur Noriega V, City Manager c: Fernando Casamayor, Assistant City Manager, Chief Financial Officer Natasha Colebrook -Williams, Assistant City Manager, Chief of Operations Wade Sanders, Director of Solid Waste Department Yadissa A. Calderon, CPPB, NIGP-CPP, Assistant Director, Procurement PR22110 Bid Tabulation IFB No. 1476386 - Solid Waste Truck Wash. Line No. I Item Description Total Price, Inclusive of Labor, Equipment, Parts, and Materials, Provide Monthly Service to the Solid Waste Truck Wash Facility. w This amount is for the terra of the contract plus the options to renew. Prepared by: Cristiane Lima Procurement Contracting Officer 3/2912©22 Ameri-Clean Pumping, Inc. Total Cost = Unit Quantity Item Cost Item Cost x Quantity Monthly 60 $1,500.00 $90,000.00 Total:1 $90,000.00 Bubbles Power Clean Non- Responsive Approved 4Z., Director , gnee Wade anders, Director of Solid Waste Department Detail by FEI/EIN Number Page I of 2 Florida Department of State CV1 ujJ7cial .hire of Fluririri websile Department of State / Division of Corporations / Search Records / Search by FEI/EIN Number / Detail by FEI/EIN Number Florida Profit Corporation AMERI-CLEAN PUMPING, INC. Filing Information Document Number P06000034984 FEI/EIN Number 20-4463063 Date Filed 03/08/2006 State FL Status ACTIVE Last Event AMENDMENT Event Date Filed 10/23/2017 Event Effective Date NONE Principal Address 970 Perrine Ave Palmetto Bay, FL 33157 Changed: 01 /24/2021 Mailing Address PO BOX 560951 MIAMI. FL 33256 Changed: 04/30/2009 Rea istered Aaent Name & Address VINCES, OSCAR 5321 Granada Blvd Coral Gables, FL 33146 Address Changed: 01/24/2021 Officer/Director Detail Name & Address Title PTD VINCES, OSCAR 5321 Granada Blvd Coral Gables, FL 33146 Annual Reports DIVISION OF CORPORATIONS https:Hsearch. sunbiz. org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=FeiN... 3/28/2022 Detail by FEI/EIN Number Page 2 of 2 Report Year Filed Date 2019 04/05/2019 2020 05/15/2020 2021 01 /24/2021 Document Images 01/24/2021 --ANNUAL REPORT View image in PDF format 05/15/2020 -- ANNUAL REPORT View image in PDF format 04/05/2019 -- ANNUAL REPORT View image in PDF format 04/30/2018 -- ANNUAL REPORT View image in PDF format 10/23/2017 -- Amendment View image in PDF format 05/01/2017 -- ANNUAL REPORT View image in PDF format 05/01/2016 -- ANNUAL REPORT View image in PDF format 04/30/2015 -- ANNUAL REPORT View image in PDF format 05/01/2014 -- ANNUAL REPORT View image in PDF format 04/29/2013 -- ANNUAL REPORT View image in PDF format 04/23/2012 -- ANNUAL REPORT View image in PDF format 08/29/2011 --ANNUAL REPORT I View image in PDF format 05/11/2010 -- ANNUAL REPORT View image in PDF format 04/21/2010 -- ANNUAL REPORT View image in PDF format 04/30/2009 -- ANNUAL REPORT View image in PDF format 02/28/2008 -- ANNUAL REPORT View image in PDF format 01/03/2007 -- ANNUAL REPORT View image in PDF format 03/08/2006 -- Domestic Profit I View image in PDF format Florida Department of State, Division of Corporations https:Hsearch. sunbiz. org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=FeiN... 3/28/2022 ANNIE PEREZ, CPPO Director of Procurement ADDENDUM NO. 1 IFB No. 1476386 ARTHUR NORIEGA V. City Manager March 8, 2022 Invitation For Bid ("IFB") for Solid Waste Truck Wash TO: ALL PROSPECTIVE BIDDERS: The following changes, additions, clarifications, and deletions amend the IFB documents of the above captioned IFB and shall become an integral part of the Contract Documents. Deletions of contract language will be specified herein. Bold words and/or figures shall be added. The remaining provisions are now in effect and remain unchanged. Please note the contents herein and reflect same on the documents you have on hand. A. Section 2.17. Liquidated Damages has been deleted in its entirety and is hereby replaced with the following: Section 2.17. Liquidated Damages Failure to complete the service in accordance with the specifications and to the satisfaction of the City within the time stated, the Successful Bidder(s) shall be subject to charges for liquidated damages in the amount of $100.00 for each and every calendar day the work remains incomplete (not to exceed the total amount of the contract), as compensation due to the City for loss of use and for additional costs incurred by the City due to such noncompletion of the work. The City shall have the right to deduct said liquidated damages from any amount due or that may become due to the Successful Bidder(s) under this agreement or to invoice the Successful Bidder(s) for such damages if the costs incurred exceed the amount due to the Successful Bidder(s). B. The following are inquire(s) received from Prospective Bidder(s) and the City's corresponding response(s): Q1. Please provide the current contract for the Solid Waste Truck Wash. Al. Refer to Exhibit A- IFQ 1228390 - Monthly Maintenance to the Solid Waste Truck Wash and Contract Award. ALL OTHER TERMS AND CONDITIONS OF THE IFB REMAIN THE SAME. THIS ADDENDUM IS AN ESSENTIAL PORTION OF THE IFB AND SHALL BE MADE A PART THEREOF. Annie Perez, CPPO, Director/Chief Procurement Officer City of Miami Procurement Department AP:cI cc. Fernando Casamayor, Assistant City Manager, Chief Financial Officer Natasha Colebrook -Williams, Assistant City Manager, Chief of Operations Wade Sanders, Director of Solid Waste Department Yadissa A. Calderon, CPPB, Assistant Director 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: AM CA, - C�n�,N f �'`"� �'?/'t 1� "✓t, DATE: 1-�- SIGNATURE: 9 City of Miami Solicitation 1476386 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: Contracting Officer E-Mail Address: Contracting Officer Facsimile: City of Miami Invitation for Bid (IFB) Department of Procurement Miami Riverside Center444 SW 2nd Avenue, Vh Floor Miami, Florida 33130 Web Site Address: www.miamigoy.com/procurement 1476386 Invitation for Bid for Solid Waste Truck Wash 23-FEB-2022 18-MAR-2022 @ 3:00 p.m. Voluntary Wednesday, March 2, 2022 @ 10:00 a.m. Virtual Via Microsoft Teams Monday, March 7, 2022 @ 3:00 p.m. Lima, Cristiane CLima@miamigov.com (305)400-5009 2/23f2022 11:30 AM p. 4 City of Miami Solicitation 1476386 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. 1.2271. 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 (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: 4 M FVU - CG 1 " ('WAO I w 6 , 1VV C. ADDRESS: 9`70 toc(ait / Ve1, fh LMAJ-fa dntY FL S315`7 PHONE: 41 ' a-7 a " ��33 FAX: r^ EMAIL: ov^t r' cl lee -.A Q C^J • `'CELL(Optional): SIGNED BY: TITLE: le i S�' D 4, r DATE: — FAILURE TO COMPLETE SIGN AND RETURN THIS FORM SHALL DISQUALIFY THIS RESPONSE. 2/23/2022 11:30 AM P. 5 City of Miami Solicitation 1476386 Certifications Legal Name of Firm: Entity Type: Partnership, Sole Proprietorship, Corporation, etc. �412j4,g/LA1'S0 Year Established: j-fl 13 6 Address, City, State, Zip, Contact Name, Contact Tittle, Phone, Fax, Email: 9*m '�Vc , e"LwIAriv &.I f L .T3'ir-7 Asc/"t- Federal Employer Identification ("FEIN/EIN") Number: a() - 1­114-4 0 6S Office Location: City of Miami, Miami -Dade County, or Other Business Tax Receipt/ Occupational License Number: 5 °rs-1 36 Business Tax Receipt/ Occupational License Issuing Agency: Business Tax Receipt/ Occupational License Expiration Date: Will Subcontractor(s) be used? (Yes or No) A1d J J) 4 ✓✓99 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). If no subcontractor(s) will be utilized, please insert N/A.: ju //I — Please list and acknowledge all addendum/addenda received. List the addendum/addenda number and date of receipt (i.e. Addendum No. 1, 1/l/22). If no addendum/addenda was/were issued, please insert N/A. tj )N 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: 5pccJ.n L. 1) r's J az'c �- '�C,wZZA _'!� 2/23/2022 11:30 AM P. 6 City of Miami Solicitation 1476386 Reference No. 1: Address, City, State, and Zip for above reference company/agency listed: ecAty,NI S ig,6n �n� ��lJc it Gnvtl s FL Reference No. 1: Name of Contact Person, Telephone Number and Email for above reference no. l 6t11AxO tam -z Z 7$G y - 171 1 / c, S ^ r—orn— Reference No. 1: Date of Contract or Sale for above reference no. 1 0 V. cg zw G $''e,,, V-t tA. S S TA -M 1 1291 G 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: MftA14VLrw Ortvv-rj4l.. WJ►'tL Reference No. 2: Address, City, State, and Zip for above reference company/agency listed: 5-ao ri n to icA LL 9-kY A► r-y-1 M w1 wl e FL- f ly l l! Reference No. 2: Name of Contact Person, Telephone Number and Email for above reference no. 2 CH'ttS'rrA'- 6 Y,-Qig ._G0".1 Reference No. 2: Date of Contract or Sale for above reference no. 2 Q A/GA �G kA it F-t-IV 9 � ZA- CAL to 3-V � 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 ii 1"QAA MJl ty+-QZ �'7�6 ifG� 17 �+�c�rm Mr�r�' +CI e ` Reference No. 3: Date of Contract or Sale for above reference no. 3 0"&QLyv6 /wrrr s ' CiLyGCr'- S 4--l6g V/3`413 2/23/2022 11:30 AM p. 7 City of Miami Solicitation 1476386 IMPORTANT NOTICE TO BIDDERS: • BID BOND IS NOT REQUIRED FOR THIS IFB. 114141110 as FAIN MIN w1i taxtin I y I13001JOSION 1. THE CERTIFICATION STATEMENT; 2. CERTIFICATIONS SECTION; • ALL UPLOADS SHALL BE IN PDF FILE FORMAT, NO OTHER FILE FORMATS WILL BE ACCEPTED BY THE CITY. ATTACHMENT FILES SHALL BE NO MORE THAN 250MB IN SIZE EACH, SHOULD THERE BE A NEED FOR A LARGER SIZE FILE TO BE UPLOADED SPLIT IN MULTIPLE FILES. • FOR BIDSYNC TECHNICAL DIFFICULTIES AND/OR ISSUES PLEASE CONTACT BIDSYNC VENDOR SUPPORT TOLL -FREE NUMBER AT 800-990-9339, OR SUPPORT.BIDSYNC.COM, OR VIA EMAIL AT SUPPORT@BIDSYNC.COM. 2/23/2022 11:30 AM P. 8 City of Miami Solicitation 1476386 Table of Contents Terms and Conditions 1. General Conditions I.I. GENERAL TERMS AND CONDITIONS 2. Special Conditions 2.1. PURPOSE 2.2. VOLUNTARY SITE VISIT 2.3. PRE -BID CONFERENCE 2.4. DEADLINE FOR RECEIPT OF REQUEST FOR ADDITIONAL INFORMATION/CLARIFICATION 2.5. BIDDER'S MINIMUM QUALIFICATIONS 2.6. REFERENCES 2.7. INSURANCE REQUIREMENTS 2.8. TERM OF CONTRACT 2.9. METHOD OF AWARD 2.10. CONDITIONS FOR RENEWAL 2.11. NON -APPROPRIATION OF FUNDS 2.12. SUBMISSION REQUIREMENTS 2.13. CURES 2.14. TIE BIDS 2.15. EQUITABLE ADJUSTMENT 2.16. PROJECT MANAGER 2.17. LIQUIDATED DAMAGES 2.18. DAMAGES TO PUBLIC/PRIVATE PROPERTY 2.19. CITY OCCUPANCY 2.20. SAFETY MEASURES AND PRECAUTIONS 2.21. QUALITY OF WORK 2.22. FORCE MAJEURE 2.23. ADDITIONS/DELETIONS OF FACILITIES/PRODUCTS/SUPPLIERS 2.24. PRIMARY CLIENT (FIRST PRIORITY) 2.25. COMPLETED WORK 2.26. FAILURE TO PERFORM 2.27. TERMINATION 2.28. ADDITIONAL TERMS AND CONDITIONS 3. Specifications 3.1. SPECIFICATIONS/SCOPE OF WORK 2/23/20221130 AM P. 9 City of Miami Solicitation 1476386 Terms and Conditions 1. GENERAL TERMS AND CONDITIONS FOR INVITATION FOR BID (IFB) - References to goods only apply insofar as they are applicable to "Goods" as defined in Section 18-73 of the City Code. References to "Professional and Personal Services" are as defined in Section 18-73 of the City Code. Intent: The General Terms and Conditions described herein apply to the acquisition of goods/ services with an estimated aggregate cost of $25,000.00 or more. Definition: A Formal Solicitation is defined as issuance of an Invitation for Bids, Request for Proposals, Request for Qualifications, or Request for Letters of Interest pursuant to the City of Miami (City) Procurement Code and/or Florida Law, as amended. Formal Solicitation and Solicitation shall be defined in the same manner herein. 1.1. ACCEPTANCE OF GOODS - Any good(s) delivered under this Formal Solicitation, if applicable, shall remain the property of the Bidder until a physical inspection and actual usage of the good is made, and thereafter is accepted as satisfactory to the City. It must comply with the terms herein and be fully in accordance with specifications and of the highest quality. In the event the goods supplied to the City are found to be defective or do not conform to specifications, the City reserves the right to cancel the order upon written notice to the Successful Bidder/Contractor and return. the product to the Successful Bidder/Contractor at the Successful Bidder/Contractor's expense. 1.2. ACCEPTANCE OF OFFER - The signed or electronic submission of a Bidder's response shall be considered an offer on the part of the Bidder; such offer shall be deemed accepted upon issuance by the City of a Purchase Order. 13. ACCEPTANCEIREJECTION - 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. 15. ALTERNATE RESPONSES -Alternate responses will not be considered, unless specifically requested by the City. 1.6. ASSIGNMENT - Successful Bidder/Contractor agrees not to subcontract, assign, transfer, convey, sublet, pledge, encumber, or otherwise dispose of the resulting Contract, in whole or in part, or any or all of its rights, title or interest herein, without the City's prior written consent. 1.7. 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. 2123/2022 11:30 AM P. 10 City of Miami Solicitation 1476386 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. 19. 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 prices) 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. 110. 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 or may re -solicit for the goods/services. The City, at its sole discretion, may seek monetary restitution from Bidder and/or its bid bond or guaranty, and/or similar security, if applicable, as a result of damages or increased costs sustained as a result of the Bidder's failure to satisfy the City's requirements.. D. The term of the Contract shall be specified in one of three documents which shall be issued to the Successful Bidder. These documents may either be, a Purchase Order, Notice of Award, and/or Contract Award Sheet. E. The City reserves the right to automatically extend this Contract for up to one hundred twenty (120) calendar days beyond the stated Contract term, in order to provide City departments with continual service and supplies while a new Contract is being solicited, evaluated, and/or awarded. If the right to extend is exercised, the City shall notify the Successful Bidder/Contractor, in writing, of its intent to extend the Contract in accordance with the existing terms and conditions for a specified number of days. Additional extensions beyond the first one hundred twenty (120) day extension may occur, if, the City and the Successful Bidder/Contractor are in mutual agreement of such extensions. F. Where the Contract involves a single shipment of goods to the City, the Contract term shall conclude upon completion of the expressed or implied warranty periods. 2123/2022 11:30 AM P. 11 City of Miami Solicitation 1476386 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. 1.1t 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 (1.80) 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 Format Solicitation. Digital signatures may only be utilized if expressly permitted in the solicitation. 1.14. BRAND NAMES - If, and wherever in the specifications, brand names, makes, models, names of any manufacturers, trade names, or Bidder catalog numbers are specified, it is for the purpose of establishing the type, function, minimum standard of design, efficiency, grade, or quality of goods only. When the City does not desire to rule out other competitors' brands or makes, the phrase "APPROVED EQUAL" is added. Unless otherwise specified, any manufacturers' names, trade names, brand names, information or catalog numbers listed in a specification are descriptive, not restrictive or exclusive. The Bidder shall provide any equipment that meets or exceeds the applicable specifications, including without limitation the following: Equal in every important attribute, to include industry quality measurable standard, quality of product, accessibility of distribution, durability/reliability/dependability and warranty coverage, and the delivery schedule. When bidding an "APPROVED EQUAL", Bidders shall submit, with their response, complete sets of necessary data (e.g., factory information sheets, specifications, brochures, etc.) in order for the City to evaluate and determine the equality of the item(s) bid. The Bidder shall demonstrate comparability, including appropriate catalog materials, literature, specifications, test data, etc. The City shall be the sole judge of equality and its decision shall be final. The City shall determine in its sole discretion, subject to the concurrence of the Project Manager whether goods are acceptable as an equivalent. Unless otherwise specified, evidence in the form of samples may be requested, if the proposed brand is other than specified by the City. Such samples are to be furnished after Formal Solicitation opening/closing, upon request of the City. If samples are requested by the City, such samples must be received by the City no later than seven (7) calendar days after a formal request is made. When "NO SUBSTITUTION" is used in conjunction with a manufacturer's name, brand name, and/or model number, that named item is the only item that will be accepted by the City in that particular instance. 1.15. CANCELLATION -The City reserves the right to cancel this Formal Solicitation, before its opening/closing. In the event of cancellation, the Director of Procurement shall notify all prospective Bidders and provide a written 2/23/2022 11:30 AM p. 12 City of Miami Solicitation 1476386 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. IfSuccessful 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 Department of Procurement 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. 1.1.9. 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. IL Environment Protection Agency (EPA), as applicable to this Formal Solicitation. E Uniform Commercial Code (Florida Statutes, Chapter 672). F. Americans with Disabilities Act of 1990, as amended. C. National Institute of Occupational Safety Hazards (NIOSH), as applicable to this Formal Solicitation. 1L National Forest Products Association (NFPA), as applicable to this Formal Solicitation. L City Procurement Ordinance, City Code Section 18, Article III. A Conflict of Interest, City Code Section 2-611;61. 2/23/2022 11:30 AM p.13 City of Miami Solicitation 1476386 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. 1.21. 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. 2/2312022 11:30 AM p. 14 City of Miami Solicitation 1476386 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 himselflherself� 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 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. b) False certification pursuant to paragraph C below. 2123/2022 11:30 AM P. 15 City of Miami Solicitation 1476386 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)(S). 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 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. 2/23/2022 11:30 AM P. 16 City of Miami Solicitation 1476386 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 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 Department of Procurement. 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 131. EMERGENCY/DISASTER PERFORMANCE -In the event of a natural disaster or other emergency, or disaster situation, the Successful Bidder/Contractor shall provide the City with the commodities/services defined 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. 2/23/2022 11:30 AM p. 17 City of Miami Solicitation 1476386 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 quantifies 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; 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 - Ex€eptions 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. 2/23/2022 11:30 AM p. 18 City of Miami Solicitation 1476386 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. R City of Miami Living Wage Ordinance. The City of Miami adopted a Living Wage Ordinance for City Service Contracts with a total contract value exceeding $100,000 annually, and that have been competitively solicited and awarded on, or after January 1, 2017 by the City. "Service Contract" means a contract to provide services to the City, excluding, however, professional services as defined by the "Consultants Competitive Negotiation Act" set forth in F.S. § 287.055, and Section 18-87 of the City Code, and/or the other exclusions provided by Section 18-557 of the City Code. Section 18-557 is attached as Attachment A. Please see provisions in Attachment A. If 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. 139. 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 orproceeding each party shall bear their own respective attorneys fees. 1A0. 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. 1AL 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; 2/23/2022 11:30 AM P. 19 City of Miami Solicitation 1476386 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 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 2/23/2022 11:30 AM p. 20 City of Miami Solicitation 1476386 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. 1.44. 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 Department of Procurement, 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. 1A7.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). 2/23/2022 11:30 AM p. 21 City of Miami Solicitation 1476386 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." L49. 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 2/23/2022 11:30 AM p. 22 City of Miami Solicitation 1476386 similar sources, for the purchase of the goods and/or services described herein, as may be available in accordance with the applicable provisions of the City of Miami Procurement Ordinance. It is hereby agreed and understood that the Formal Solicitation does not constitute the exclusive rights of the Successful Bidder(s)/Contractor(s) to receive all orders that may be generated by the City, in conjunction with the Formal Solicitation. In addition, any and all goods, and/or services required by the City in conjunction with construction projects are solicited under a distinctly different solicitation process and shall not be purchased under the terms, conditions and awards rendered under the Formal Solicitation, unless such purchases are determined to be in the best interest of the City. 1.56. NOTICE REGARDING "CURES" - Bids submitted with irregularities, deficiencies, and/or technicalities that deviate from the minimum qualifications and submission requirements of Request for Qualifications (RFQ), Request for Proposals (RFP), invitation to bid (ITB), invitation for bids (IFB), invitation to quote (ITQ), Requests for Letters of Interest (RFLI) and Request for Sponsorships (RFS) shall result in a non -responsive determination. any solicitation issued after May 6, 2019, shall comply with APM 2-19. APM 2-19 is attached hereto. only minor irregularities, deficiencies, and technicalities may be allowed to be timely cured by the proposer at the sole discretion of the city. material irregularities, deficiencies, and technicalities cannot be cured by the proposer, and are not waivable by the city. BIDS SUBMITTED WITH IRREGULARITIES, DEFICIENCIES, AND/OR TECHNICALITIES THAT DEVIATE FROM THE MINIMUM QUALIFICATIONS AND SUBMISSION REQUIREMENTS OF THIS IFB SHALL RESULT IN A NON -RESPONSIVE DETERMINATION. The City will not give consideration to the curing of any Bids that fail to meet the minimum qualifications and submission requirements of this IFB. Proposer understands that non -responsive Bids will not be evaluated. 1.57. OCCUPATIONAL 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 ofthe 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 he 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. 2/23/2022 11:30 AM p. 23 City of Miami Solicitation 1476386 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. 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°/o), 20 days, effective after receipt of invoice or final acceptance by the City, whichever is later. When the City is entitled to a cash discount, the period of computation will commence on the date of delivery, or receipt of a correctly completed invoice, whichever is later. If an adjustment in payment is necessary due to damage, the cash discount period shall commence on the date final approval for payment is authorized. If a discount is part of 2123/2022 11:30 AM p. 24 City of Miami Solicitation 1476386 the contract, but the invoice does not reflect the existence of a cash discount, the City is entitled to a cash discount with the period commencing on the date it is determined by the City that a cash discount applies. Price discounts off the original prices quoted on the Price Sheet will be accepted from Successful Bidder(s) during the term of the contract. The City will comply with the Florida Prompt Payment Act, as applicable. 1.67. PROPERTY - Property owned by the City is the responsibility of the City. Such property furnished to a Successful Bidder/Contractor for repair, modification, study, etc., shall remain the property of the City. Damages to such property occurring while in the possession of the Successful Bidder/Contractor shall be the responsibility of the Successful Bidder/Contractor. Damages occurring to such property while in route to the City, shall be the responsibility of the Successful Bidder/Contractor. In the event that such property is destroyed, or declared a total loss, the Successful Bidder/Contractor shall be responsible for the replacement value of the property, at the current market value, less depreciation of the property, if any. 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 BidderlContractor 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 lll, 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. 2/23/2022 11:30 AM p. 25 City of Miami Solicitation 1476386 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.Contraet 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) 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 2/23/2022 11:30 AM p. 26 City of Miami Solicitation 1476386 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 Saturday, Sunday or legal holiday. Intermediate Saturdays, Sundays and legal holidays shall be excluded in the computation of the time for filing. (6) Authority to resolveprotests; hearing offacer(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. 2/2312022 11:30 AM p. 27 City of Miami Solicitation 1476386 (1) Hearing officer. The hearing officer maybe a special master as defined in chapter 2, article X, section 2-811 of the City Code, or a lawyer in good standing with the Florida Bar for a minimum of ten years with a preference given to a lawyer who has served as an appellate or trial court judge. The hearing officer may be appointed from alternative sources (e.g. expert consulting agreements, piggyback contracts, etc.) where the city commission adopts a recommendation of the city attorney that such action is necessary to achieve fairness in the proceedings. The engagement of hearing officers is excluded from the procurement ordinance as legal services. The hearing officers appointed in the pre -qualified group should be scheduled to hear protests on a rotational basis. (2) Right of `protest. Any actual bidder or proposer who has standing under Florida law dissatisfied and aggrieved with the decision of the city regarding the protest of a solicitation or the protest of an award as set forth above in this section may request a protest hearing. Such a written request for a protest hearing must be initiated with a notice of intent to protest followed by an actual protest as provided in subsection 18-104(a). The notice of intent to protest and the actual protest must each be timely received by the Chief Procurement Officer and must comply with all requirements set forth in subsection 18-104(a). Failure to submit the required notice of intent to protest and the actual protest within the specified timeframes will result in an administrative dismissal of the protest. (3) Hearing date. Within 30 days of receipt of the notice of protest, the Chief Procurement Officer shall schedule a hearing before a hearing officer, at which time the person protesting shall be given the opportunity to demonstrate why the decision of the city relative to the solicitation or the award, which may include a recommendation for award by the city manager to the city commission, as applicable, should be overturned. The party recommended for award, if it is a protest of award, shall have a right to intervene and be heard. (4) Hearing procedure. The procedure for any such hearing conducted under this article shall be as follows: a. The city shall cause to be served by certified mail a notice of hearing stating the time, date, and place of the hearing. The notice of hearing shall be sent by certified mail, return receipt requested, to the mailing address of the protester. b. The party, any intervenor, and the city shall each have the right to be represented by counsel, to call and examine witnesses, to introduce evidence, to examine opposing or rebuttal witnesses on any relevant matter related to the protest even though the matter was not covered in the direct examination, and to impeach any witness regardless of which party first called him/her to testify. The hearing officer may extend the deadline for completion of the protest hearing for good cause shown, but such an extension shall not exceed an additional five business days. The hearing officer shall consider the written protest and supporting documents and evidence appended thereto, supporting documents or evidence from any intervenor, and the decision or recommendation as to the solicitation or award being protested, as applicable. The protesting party, and any intervenor, must file all pertinent documents supporting his/her protest or motion to intervene at least five business days before the hearing, as applicable. The hearing officer shall allow a maximum of 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, 2/23/2022 1' 1:30 AM p. 28 City of Miami Solicitation 1476386 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. £ 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. 0 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. 2/23/2022 11:30 AM p. 29 City of Miami Solicitation 1476386 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. 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 Department of Procurement. 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 Sates 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: 2/23/202211:30 AM p. 30 City of Miami Solicitation 1476386 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 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 attorneys fees, incurred by the City, by reason of any legal action challenging Bidder's claim. 1.87. UNAUTHORIZED WORK OR DELIVERY OF GOODS - Neither the Successful Bidder/Contractor nor any of their employees shall perform any work, or deliver any goods, unless a change order or purchase order is issued and received by the Successful Bidder/Contractor. The Successful Bidder/Contractor will not be paid for any work performed, or goods delivered outside the scope of the Bid Contract, or any work performed by Successful Bidder's/Contractor's employee(s) not otherwise previously authorized. 1.88. USE OF NAME - The City is not engaged in research for advertising, sales promotion, or other publicity purposes. No advertising, sales promotion, or other publicity materials containing information obtained from the Formal Solicitation shall be mentioned, or imply the name of the City, without prior express written permission from the City Manager, or the City Commission. 1.89. VARIATIONS OF SPECIFICATIONS - For purposes of the Formal Solicitation evaluation, Bidder(s) must indicate any variances from the Formal Solicitation scope of work/specifications and/or conditions, no matter how slight. If variations, are not stated on their Bid, it will be assumed that the product fully complies with the Formal Solicitation's scope of work/specifications. 2/23/2022 11.30 AM p. 31 City of Miami Solicitation 1476386 Special Conditions 2.1. PURPOSE The purpose of this Solicitation is to establish a contract, for the provision of monthly maintenance service to the Solid Waste Truck Wash, as specified herein, from a source(s), fully compliant with the terms, conditions, and stipulations of the Solicitation. 2.2. VOLUNTARYY SITE VISIT Prior to submitting the Bid, the Bidder is encouraged to visit the site of the proposed work and to become familiar with any conditions, which may in any manner, affect the work to be done or affect the equipment, materials and labor required. The Bidder should examine carefully the specifications and be thoroughly informed regarding any and all conditions and requirements that may in any manner affect the work to be performed under the contract. No additional allowances will be made because of lack of knowledge of these conditions. For a site visitation appointment, contact Cindy Baez, Project Manager at CbaezCa,miamigov.com. At the site visit, Project Manager cannot answer any questions. The Bidder shall submit all questions electronically via Bidsync Portal before the deadline for receipt of request for additional information/clarification as stated in Section 2.4. of the Special Conditions of this Solicitation. 2.3. PRE -BID CONFERENCE A Virtual Voluntary pre -bid conference will be held on Wednesday, March 2, 2022 @ 10:00 a.m., via Microsoft Teams Click here to join the meeting or via phone +1 786-598-2961, United States, Miami (Toll), Conference ID: 807343680# A discussion of the requirements of the Solicitation will occur at that time. Each potential Bidder is required, prior to submitting a Proposal, to acquaint itself thoroughly with any and all conditions and/or requirements that may in any manner affect the work to be performed. All questions and answers affecting the scope of work/specifications of the IFB will be included in an addendum, that will be distributed through BidSync, following the Pre -Proposal 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. 2.4. 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, March 7, 2022 @ 3:00 p.m. All responses to questions will be sent to all prospective bidders/proposers in the form of an addendum. NO QUESTIONS WILL BE RECEIVED VERBALLY OR AFTER SAID DEADLINE. 2.5. BIDDER'S MINIMUM QUALIFICATIONS Bids will be considered only from firms that are regularly engaged in the business of providing goods and/or services as described in this Bid; that at the time of bid submittal have a record of performance for a minimum period of the last three (3) consecutive years with same FEI number; and that have sufficient financial support, equipment and organization to insure that they can satisfactorily provide the goods and/or services if awarded a Contract under the terms and conditions herein stated. Bidder shall: (1) Not have any member, officer, or stockholder that is in arrears or is in default of any debt or contract involving the City, is a defaulter surety otherwise, upon any obligation to the City, and/or has failed to perform faithfully on any previous contract with the City; (2) Have no record of pending lawsuits or criminal activities, and have never been declared bankrupt; and (3) Submit completed and signed Certification Statement and Certifications Section. 2/231202211:30 AM p. 32 City of Miami Solicitation 1476386 2.6. REFERENCES Each bid must be accompanied by at least three (3) references, which shall include the name of the company, dates of contract, description of goods/services supplied, a contact person, telephone number, and e-mail address. Failure to provide three (3) references at time of bid submittal, may deem the Bidder non-respansive. 2.7. INSURANCE REQUIREMENTS INDEMNIFICATION Successful Bidder(s) shall indemnify, hold and save harmless, and defend (at its own cost and expense), the City, its officers, agents, directors, and/or employees, from all liabilities, damages, losses, judgements, and costs, including, but not limited to, reasonable attorneys fees, to the extent caused by the negligence; recklessness, negligent act or omission, or intentional wrongful misconduct of Successful Bidder(s) and persons employed or utilized by Successful Bidder(s) in the performance of this Contract. Successful Bidder(s) shall further, hold the City, its officials and employees, indemnify, save and hold harmless for, and defend (at its own cost), the City its officials and/or employees against any civil actions, statutory or similar claims, injuries or damages arising or resulting from the permitted Work, even if it is alleged that the City, its officials, and/or employees were negligent. In the event that any action or proceeding is brought against the City by reason of any such claim or demand, the Successful Bidder(s) shall, upon written notice from the City, resist and defend such action or proceeding by counsel satisfactory to the City. The Successful Bidder(s) expressly understands and agrees that any insurance protection required by this Contract or otherwise provided by the Successful Bidder(s) shall in no way limit the responsibility to indemnify, keep and save harmless and defend the City or its officers, employees, agents and instrumentalities as herein provided. The indemnification provided above shall obligate the Successful Bidder(s) to defend, at its own expense, to and through trial, administrative, appellate, supplemental or bankruptcy proceeding, or to provide for such defense, at the City's option, any and all claims of liability and all suits and actions of every name and description which may be brought against the City, whether performed by the Successful Bidder(s), or persons employed or utilized by Successful Bidder(s). These duties will survive the cancellation or expiration of the Contract. This Section will be interpreted under the laws of the State of Florida, including without limitation and interpretation, which conforms to the limitations of Sections 725.06 and/or 725.08, Florida Statutes, as applicable and as amended. Successful Bidder(s) shall require all sub -contractor agreements to include a provision that each sub -contractor will indemnify the City in substantially the same language as this Section. The Successful Bidder(s) agrees and recognizes that the City shall not be held liable or responsible for any claims which may result from any actions or omissions of the Successful Bidder(s) in which the City participated either through review or concurrence of the Successful Bidder's actions. In reviewing, approving or rejecting any submissions by the Successful Bidder(s) or other acts of the Successful Bidder(s), the City, in no way, assumes or shares any responsibility or liability of the Successful Bidder(s) or sub -contractor under this Contract. Ten dollars ($10) of the payments made by the City constitute separate, distinct, and independent consideration for the granting of this Indemnification, the receipt and sufficiency of which is voluntarily and knowingly acknowledged by the Successful Bidder(s). The Successful Bidder(s) hereby accepts and assumes full responsibility for all risk of loss, theft, damage or destruction to the Successful Bidder's business personal property or inventory in connection with this solicitation. It is hereby agreed and understood, that the City shall not be responsible or liable for any theft, destruction, damage, or losses of any kind and nature whatsoever. The Successful Bidder(s) further agrees that the City shall not be required to compensate the Successful Bidder(s) for any such losses and assumes all liability in connection therein. 2/23/2022 11,30 AM p. 33 City of Miami Solicitation 1476386 The Successful Bidder(s) shall furnish to City of Miami, c/o Department of Procurement, 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: Please see Attachment titled Insurance Addendum for insurance definitions, requirements, and conditions, in the Document Section of this solicitation. (1) Commercial General Liability (Primary & Non -Contributory): A. Limits of Liability Bodily Injury and Property Damage Liability Each Occurrence: $1,000,000 General Aggregate Limit: $2,000,000 Products/Complete Operations: $1,000,000 Personal and Advertising Injury: $1,000,000 B. Endorsements Required: City of Miami included as an Additional insured. Contingent and Contractual. Liability Premises and Operations Liability Employees as Insured's Primary Insurance Clause Endorsement (2) Business Automobile Liability A. Limits of Liability Bodily Injury and Property Damage Liability Combined Single Limit Any Auto Including Owned, Hired, Borrowed or Non -Owned Autos Any One Accident: $1,00O,000 B. Endorsements Required: City of Miami listed as an additional insured (3) Worker's Compensation Limits of Liability Statutory State of Florida Waiver of Subrogation (4) Employer's Liability A. Limits of Liability 1,000,000 for bodily injury caused by an accident, each accident l 000 000 for bodily injury caused by disease, each employee 1 000 000 for bodily injury caused by disease, policy limit 2/23/2022 11:30 AM p. 34 City of Miami Solicitation 1476386 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. BINDERS ARE UNACCEPTABLE. The insurance coverage required shall include those classifications, as listed in standard liability insurance manuals, which most nearly reflect the operations of the Bidder. All insurance policies required above shall be issued by companies authorized to do business under the laws of the State of Florida, with the following qualifications: The Company must be rated no less than "A" as to management, and no less than "Class V" as to financial strength, by the latest edition of Best's Insurance Guide, published by A.M. Best Company, Oldwick, New Jersey, or its equivalent. All policies and/or certificates of insurance are subject to review and verification by Risk Management prior to insurance approval. (See Insurance Addendum in Documents Section). NOTE: CITY BID NUMBER AND/OR TITLE OF BID MUST APPEAR ON EACH CERTIFICATE. Compliance with the foregoing requirements shall not relieve the Bidder of his liability and obligation under this section or under any other section of this Agreement. —If insurance certificates are scheduled to expire during the contractual period, the Bidder shall be responsible for submitting new or renewed insurance certificates to the City at a minimum of ten (10) calendar days in advance of such expiration. —In the event that expired certificates are not replaced with new or renewed certificates which cover the contractual period, the City shall: (1) Suspend the contract until such time as the new or renewed certificates are received by the City in the manner prescribed in the Invitation to Bid. (2) The City may, at its sole discretion, terminate this contract for cause and seek re -procurement damages from the Bidder in conjunction with the General and Special Terms and Conditions of the Bid. The Bidder shall be responsible for assuring that the insurance certificates required in conjunction with this Section remain in force for the duration of the contractual period; including any and all option terms that may be granted to the Bidder. 2.8. TERM OF CONTRACT The Contract shall commence upon the date of notice of award and shall be effective for three (3) years with the option to renew for one (1) additional two (2) year period, 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. 2.9. METHOD OF AWARD Award of this contract will be made to the lowest responsive and responsible Bidder who meets Specifications. 2.10. CONDITIONS FOR RENEWAL Each renewal of this contract is subject to the following: (1) Continued satisfactory performance compliance with the specifications, terms and conditions established herein. (2) Availability of funds 2/23/2022 11:30 AM p. 3 City of Miami Solicitation 1476386 2.11. 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) or his assignee of such occurrence, shall have the unqualified right to terminate the contract without any penalty or expense to the City. No guarantee, warranty or representation is made that any project(s) will be awarded to any firm(s). 2.12. SUBMISSION REQUIREMENTS Please refer to Section 1.80, Notice Regarding "Submission and Receipts of Bids" of the General Terms and Conditions of this Solicitation. 2.13. 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 or more Bids which are equal with respect to price, quality and service are received by the City for the procurement of commodities or contractual services, a Bid received from a business that certifies that it has implemented a drug -free workplace program shall be given preference in the award process. Established procedures for processing tie Bids will be followed if none of the tied vendors have a drug -free workplace program. In order to have a drug -free workplace program, a business shall: (1) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the action that will be taken against employees for violations of such prohibition. (2) Inform employees about the dangers of drug abuse in the workplace, the business' policy of maintaining a drug - free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may he imposed upon employees for drug abuse violations. (3) Give each employee engaged in providing the commodities or contractual services that are under Bid a copy of the statement specified in subsection (1). (4) In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under Bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. (5) Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program, if such is available in the employee's community, by any employee who is so convicted. (6) Make a good faith effort to continue to maintain a drug -free workplace through implementation of this section. 2.15. EQUITABLE ADJUSTMENT The Department of Procurement may, in its sole discretion, make an equitable adjustment in the 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(s) that continued performance of the contract would result in a substantial loss. Successful Bidder(s) may have to supply documentation to justify any requested percentage increase in cost to the City of Miami. 2/23/202211:30 AM p. 36 City of Miami Solicitation 1476386 2.16. PROJECT MANAGER Upon award, Successful Bidder(s) shall report and work directly with Cindy Baez, Assistant to the Solid Waste Director or designee, who shall be designated as the Project Manager(s) for the City. 2.17. LIQUIDATED DAMAGES Upon failure to complete the service in accordance with the specifications and to the satisfaction of the City within the time stated, the Successful Bidder(s) shall be subject to charges for liquidated damages in the amount of $100.00 for every calendar day that the container is not picked up after a confirmation date is confirmed in writing, $100.00 for every hour that the container is not replaced after the stated two (2) hour limit, and $100.00 for every time the container is not brought back free of debris and empty. The City shall have the right to deduct the said liquidated damages from any amount due or that may become due to the Successful Bidder(s) under this agreement or to invoice the Bidder for such damages if the costs incurred exceed the amount due to the Successful. Bidder(s). 2.18. DAMAGES TO PUBLIC/PRIVATE PROPERTY The Successful Bidder(s) shall carry out the work with such care and methods as not to result in damage to public or private property adjacent to the work. Should any public or private property be damaged or destroyed, the Successful Bidder(s) shall assume the expense and repair or make restoration as is practical and acceptable to the City and/or owners of destroyed or damaged property promptly within a reasonable length of time (not to exceed one month from date damage occurred). 2.19. CITY OCCUPANCY The City may occupy all or any portions of the facility during the entire period of work. The Successful Bidder(s) shall cooperate fully with the Project Manager or designee during the work to minimize conflicts and to facilitate City operations and the operations of any other contractors. 2.20. SAFETY MEASURES AND PRECAUTIONS The Successful Bidder(s) 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 Successful Bidder's operation and work in progress must be posted.. All employees of Successful Bidder(s) shall be expected to wear safety glasses or goggles, appropriate clothing, and hearing protection when and wherever applicable. The Successful Bidder(s) shall use only equipment that is fully operational and in safe operating order. Successful Bidder(s) 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. The Successful Bidder(s) must adhere to the applicable environmental protection guidelines for the entire duration of the work. If hazardous waste materials are used, detected or generated at any time, the Project Manager must be immediately notified of each and every occurrence. Successful Bidder(s) shall comply with all codes, ordinances, rules, orders and other legal requirements of public authorities (including OSHA, EPA, DERM, Miami -Dade County PDR South Florida Building Code) which bear on the performance of the work. If an emergency condition should develop during work, the Successfiil Bidder(s) must immediately notify the Project Manager of each and every occurrence. The Successful Bidder(s) should also recommend any appropriate courses of action to the Project Manager. 2.21. QUALITY OF WORK All work shall be performed using superior maintenance standards and techniques. The frequencies established for repetitive maintenance tasks are minimum frequencies, which must be increased if deemed necessary and requested by the City. 2t23/2022 11:30 AM p. 37 City of Miami Solicitation 1476386 2.22. FORCE MAJEURE A "Force Majeure Event" shall mean an act of God, act of governmental body or military authority, fire, explosion, power failure, flood, storm, hurricane, sink hole, other natural disasters, epidemic, riot or civil disturbance, war or terrorism, sabotage, insurrection, blockade, or embargo. In the event that either party is delayed in the performance of any act or obligation pursuant to or required by the Agreement by reason of a Force Majeure Event, the time for required completion of such act or obligation shall be extended by the number of days equal to the total number of days, if any, that such party is actually delayed by such Force Majeure Event. The party seeking delay in performance shall give notice to the other party specifying the anticipated duration of the delay, and if such delay shall extend beyond the duration specified in such notice, additional notice shall be repeated no less than monthly so long as such delay due to a Force Majeure Event continues. Any party seeking delay in performance due to a Force Majeure Event shall use its best efforts to rectify any condition causing such delay and shall cooperate with the other party to overcome any delay that has resulted 2.23. ADDITIONS/DELETIONS OF SUPPLIERS/FACILITIES/ITEMS/SERVICES Although this Solicitation identifies Suppliers/Facilities/Items/Services to be addressed, it is hereby agreed and understood that any Suppliers/Facilities/Items/Services may be added/deleted to/from this Contract at the sole discretion 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 items/services. If these quotes are comparable with market prices offered for similar items/services, 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. 2.24. 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.. 2.25. COMPLETED WORK The City shall be notified by the Successful Bidder(s) upon completion of work. The City shall inspect and approve completed work before authorizing payment. Work not satisfactorily completed shall be redone by the Successful Bidder(s) at no additional charge to the City. 2.26. FAILURE TO PERFORM Should it not be possible to reach the Successful Bidder(s) or supervisor and/or should remedial action not be taken within 24 hours of any failure to perform according to Bid Specifications, Section 3, the City reserves the right to declare Successful Bidder(s) in default of the contract or make appropriate reductions in the contract payment. 2.27. TERMINATION A. FOR DEFAULT If Successful Bidder(s) defaults in its performance under this Contract and does not cure the default within 30 days after written notice of default, the City Manager may terminate this Contract, in whole or in part, upon written notice without penalty to the City of Miami. In such event the Successful Bidder(s) shall be liable for damages including the excess cost of procuring similar supplies or services: provided that if, (1) it is determined for any reason that the Successful Bidder(s) was not in default or (2) the Successful Bidder's failure to perform is without Successful Bidder(s) or its subcontractor's control, fault or negligence, the termination will be deemed to be a termination for convenience of the City of Miami. 2/23/202211:30 AM p. 38 City of Miami Solicitation 1476386 B. FOR CONVENIENCE The City Manager may terminate this Contract, in whole or in part, upon 30 days prior written notice when it is in the best interest of the City of Miami. If this Contract is for supplies, products, equipment, or software, and so terminated for convenience by the City of Miami the Successful Bidder(s) will be compensated in, accordance with. an agreed upon adjustment of cost. To the extent that this Contract is for services and so terminated, the City of Miami shall be liable only for payment in accordance with the payment provisions of the Contract for those services rendered prior to termination. 2.28. ADDITIONAL TERMS AND CONDITIONS No additional terms and conditions included as part of your solicitation response shall be evaluated or considered, and any and all such additional terms and conditions shall have no force or effect and are inapplicable to this solicitation. If submitted either purposely, through intent or design, or inadvertently, appearing separately in transmittal letters, specifications, literature, price lists or warranties, it is understood and agreed that the General Conditions and Special Conditions in this solicitation are the only conditions applicable to this solicitation and that the Bidder's 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. 2123/2022 11:30 AM p- 39 City of Miami Solicitation 1476386 3. Specifications 3.1. SPECIFICATIONS/SCOPE OF WORK The City of Miami ("City") is seeking a responsive and responsible Bidder(s) to provide all labor, parts, materials, tools, and equipment, necessary to provide monthly maintenance services to the Solid Waste Truck Wash Facility located at 1290 NW 20th Street, Miami, FL 33142. 1) GENERAL REQUIREMENTS: The work to be performed by the Successful Bidder(s) under this 1FB shall consist of (but not limited to): A. Coordinating, in advance, with the Project Manager, Cindy Baez, Assistant to the Solid Waste Director or designee, the scheduling of the monthly maintenance; B. Using a vacuum pump truck to remove all grease, debris, and other liquid waste from inside the Truck Wash Facility pit; C. Using pressure jet to clean walls and floor; and D. CIeaning the area from all debris; Notes: Additional work outside the scope of work shall be reported to the Project Manager or designee prior to commencement. No work shall be completed without the written approval of the Project Manager or Designee. Pursuant to Section 2.23. Additions/Deletions of Suppliers/Facilities/Items/Services of the Special Conditions of this Solicitation. 2/23/202211::30 AM p; 40 City of Miami Solicitation 1476386 CITY OF MIAMI LOCAL OFFICE CERTIFICATION (City Code, Chapter 18, Article III, Section 18-73) Solicitation Type and Number: �J`24Z(i.e. IFQ/IFB/RFP/RFQ/RFLI No. 123456) Solicitation Title: ro,L t4t-t Fo(L v�jt;x_ T&",,)L,kWo l vvN.s/t t • oltA'^-, rvw ey ► l y it—C. (Bidder/Proposer) hereby certifies compliance with the Local Office requirements stated under Chapter 18/Article I11, 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. 2/23/2022 11:30 AM p. 41 City of Miami Solicitation 1476386 PLEASE PROVIDE THE FOLLOWING INFORMATION: Bidder/Proposer Local Office Address: 97J JIICKV_. sl AV", J'XC*Vi --1-D &- ?Y)47% Does Bidder/Proposer conduct verifiable, full- time, on -site employment at the local office (� YES LJ NO for a minimum of forty (40) hours per calendar week? If Bidder/Proposer's Local Office tenancy is pursuant to a lease, has Bidder/Proposer enclosed a copy of the lease? � YES F� NO _0_N/A City of Miami: R1 YES F� NO ❑ Exempt Cite Exemption: Has Bidder/Proposer enclosed a copy of the Business Tax Receipt (BTR) issued by the Miami County: City of Miami and Miami -Dade County? -Dade YES NO� Exempt Cite Exemption: Has Bidder/Proposer enclosed a copy of the license, certificate of competency and certificate of use that authorizes the performance of Bidder/Proposer's business ® YES F] NO operations? Bidder/Proposer's signature below certifies compliance with the Local Office requirements stated under Chapter 18/Article 111, Section 18-73, of the Code of the City of Miami, Florida, as amended. wX C&t G(frhw �IAW0 W c 0 -," C (%-ems Print Name (Bidder/Proposer Authorized Representative) Signature - Date 2/2312022 11:30 AM p. 42 City of Miami Solicitation 1476386 STATE OF FLORIDA COUNTY OF I-Q Ctm i —b0.d-. Certified to and subscribed before me this day of Qs- , 20 , by v+Y Notary Public State of Florida Dapphne Guzman Rivera y Commission (Signature of Notary Public -State of F 1 d } ��w�' fN HH 175517 °F Exp.9/19/2025 (NOTARY SEAL) rr- (Name o otary Typed, Printed, or Stamped) Personally Known OR Produced Identification Type of Identification Produced 2/23/2022 11:30 AM p. 43 LEASE AGREEMENT BETWEEN PERRINE CUTLER PRESS, INC. and AMERICLEAN PUMPING INC. This LEASE AGREEMENT, entered this 1st day of July, 2019 between PERRINE CUTLER PRESS INC. a corporation 1 located in the State of Florida, Miami -Dade County, in the Village of Palmetto Bay, hereinafter known as "Landlord" and Oscar Vince s (owner), and Ameri-Clean Pumping Inc. a corporation located in the State of Florida, Miami Dade County, in the Village of Palmetto Bay, hereinafter known as "Tenant". The term "associate" in this Lease Agreement shall be defined as person, guest, customer, employee, heir, family member, relative, representative, contractor or subcontractor of the Tenant or of the Landlord (wherever the singular, plural or possessive context requires). Tenant and Co -Tenant personally guarantees payment of rent and abide by all the terms and conditions of this Lease Agreement. THE FOLLOWING EXPRESSED TERMS AND CONDITIONS ARE MADE APART OF THIS LEASE AGREEMENT AND ARE HEREBY UNDERSTOOD AND ACCEPTED BY TENANT 1. LEASED PREMISES: The Landlord hereby leases to Tenant, and Tenant hereby leases from Landlord the described property hereinafter known as "Leased Premise" located at: 970 Perrine Avenue, Palmetto Bay, Florida 33157 shall be known as the "Leased Premises' or "leased premises". The Leased Premises shall not be used for any illegal purposes; or in violation of any zoning laws; or constitute a nuisance; or property restrictions as stated in this Lease Agreement; or without any legal licenses and permits. a) The Leased Premises excludes any commission or use of Carter -Billboard Sign and property located at 9875 E. Evergreen Street (vacant lot located in the vacant grass lot behind building), which collectively shall be referred to as the "Excluded Premises". Tenant shall not have any benefits from Carter -Billboard Sign. b) The Tenant may park (4) four of Tenant's company trucks on grass lot located at 9875 E. Evergreen Street at no additional rent charge provided that Tenant agrees to the following terms: a. Tenant shall keep all company trucks and vehicles in good working condition and maintained in appearance. b. All company vehicles must be on wheels and have Florida License Tag. c. Tenant shall personally guaranteed that Tenant's working trucks or vehicles does not leak any substances that are toxic and/or hazardous to the Landlord's property. In the event, if there is any leakages of hazardous chemicals, or - any substances that is environmentally hazardous, Tenant shall immediately cure leakages, spills, or contaminations immediately according to the DERM/Environmental Department, Tenant shall pay for all costs. d. NO REPAIRS OF ANY VEHICLES ARE PERMITTED ON LEASED PREMISES. NO OIL CHANGES. 2. USE and POSSESSION: Leased Premises shall be used lawfully by Tenant as: Office Space and parking vehicles only. 3. TERM: Landlord demises the Leased Premises to Tenant for the terms of 3 YEARS Move in date: June 15`h, 2019 — Rent shall be pro -rated for 15 days end date of pro -ration June 30'h, 2019, For said pro -ration from June 15`h to June 30`h, 2019 amount of rent shall be $802.50 a) Beginning July 1", 2019 and shall Terminate on June 30`h, 2022. The TOTAL amount of rent from July 1", 2019 to June 3o,h, 2022 is $57,780.00 in US Tender only. FIFTY-SEVEN THOUSAND SEVEN HUNDRED EIGHTY and 00 Dollars ($57,780.00) Total amount of rent shall be paid in 36 month installments of $1,605.00 per month on the lst day of each month. (Base Rental: $1,500.00 plus sales tax - $1,605.00 b) Upon the execution of this Agreement, Tenant shall pay to Landlord: 1. Pro -rated June 15, 2019 to June 30, 2019 rent $ 802.50 ($1,605.00 pro -rated) 2. Deposit $1,605.00 3. Full Amount of Rent shall start July 1", 2019 $1,605.00 (40 *Base rental of $1,500.00 per month plus sales tax for the First 36 months. 114-1 Upon Lease Renewal (Base Rent) will be adjusted annually each anniversary date of commencement of this Lease Agreement in the amount of 3% percent per year above each previous year's base rental. The total amount due shall include any and all sales and use taxes levied upon the use and occupancy of the Leased Premises by the Tenant, all of which shall be paid in equal monthly installments, during the term of this Lease Agreement. All payment amounts shall be paid in US dollars as legal tender. 4. TIME: It is understood and agreed between the parties hereto that time is of the essence of all the terms, provisions, covenants and conditions of this Lease Agreement. 5. PAYMENT OF RENT: It is hereby understood that it is the Tenant's responsibility to pay rent and any other payments due on time as required in this Lease Agreement. The terms "rent", "rental", or "rent payment" or "rent due" or "additional; rent" shall mean RENT amount that is due for leased premises. All rental payments shall be made by check or cashier's check only. a) The Tenant shall hand deliver all RENT payments and any other payments to the Landlord at the following location and payable to: Perrine Cutler Press Inc. - 990 Perrine Avenue / Palmetto Bay, Florida 33157 — unless otherwise designated by Landlord. b) No partial payment of rent after due date accepted. c) In the event any installment of rent, or any other amount due from tenant to Landlord is not paid within (5) five days after due date, a late charge of $125.00 will be added as additional Rent. Any monthly rental payments not paid within 30 days will accrue interest of 1 '/z % per month, this interest will be added as additional rent. Any late charges applied for late payment of rent shall not be considered a cure of such Default by Tenant. d) Tenant agrees to pay cost of collection, court fees, any other costs or fees to enforce or evict Tenant, plus reasonable attorney's fees on any part of said rent that may be collected by suit or by Landlord's attorney; after the same is past due. e) NON -SUFFICIENT CHECKS — All return checks are subject to a service charge of 5% or whichever is greater of the face amount of the check allowed by Florida Law plus applicable late fees which shall be added as additional rent. If more than 2 checks become Non -Sufficient, Tenant agrees to pay all future rents in the form of Cashier's Check. 6. NOTICES / REQUESTS: Tenant and Landlord agrees that all notices or requests must be in writing. The Landlord and Tenant shall have the option of sending such notices or request in the following manner: a) Certified Mailed —Notices or request may be sent by Certified Mail - Return Request by either party Pre -Paid by sender; or b) Hand Delivered with SIGNATURE OF RECEIPT from either party. In the event Tenant or Landlord is not present to receive such notices, then their Associate(s) or Employee(s) may sign for such notices and shall deliver them to Tenant and/or Landlord 7. LEASE RENEWAL: Tenant is hereby granted and shall have one (1) option periods of three (3) years (each option period being referred to as a "Renewal Term" provided that: (a) Tenant is not in default beyond applicable notice and cure periods under the Lease; (b) Tenant is open and operating in the Leased Premises; and (c) Tenant provides Landlord with written notice on a timely basis in the manner described below. The option to renew shall be exercised by Tenant, if at all, by delivering to Landlord written notice of its election to renew the term of the Lease as herein provided no later than sixty (60) prior to the expiration of the Lease term or Renewal Term, if applicable. If Tenant fails to exercise its option as required by this Section, then said option will expire automatically and this Section shall be null and void. Tenant shall accept the Leased Premises "AS IS" upon any or all renewal of Lease Agreement and Landlord shall have no obligation to make any improvements or alterations to the Leased Premises during the Renewal Term. All terms and conditions of the Lease shall be applicable during the Renewal Term, including the annual increase as set forth in Section 3b of the Lease. 8. TENANT AT SUFFERANCE: In the event, Tenant holds possession of the Leased Premises after termination of this Lease Agreement, including any renewal periods, Tenant shall become a Tenant At Sufferance, at an increased monthly rental rate of double (2x) the amount of the Rent plus any applicable taxes as stated herein or this Lease Agreement. Payment or acceptance of rent shall not be considered an acceptance of Renewal of Lease unless otherwise written by the Landlord. 9. PRORATION OF RENT: If Tenant is in possession of the Leased Premises after the due date of the rental payment, Tenant shall be responsible for an entire month's rent including applicable taxes. There shall be no proration of rent. 10. SECURITY DEPOSIT: Tenant shall deposit with Landlord the sum of $1,605.00. Said deposit shall be held by Landlord without liability for interest as security for the faithful performance by Tenant of all the terms of this Lease by Tenant to be observed and performed. a) If Landlord applies any part of the security deposit to pay for any expenses of Tenant which Landlord has paid due to the failure of the Tenant to pay same, Tenant shall upon demand by Landlord deposit with Landlord the same amout applied by Landlord for payment of said expenses. 2 b) The security deposit shall not be mortgaged, assigned, transferred or encumbered by Tenant without the written consent of Landlord and any such act on the part of Tenant shall be without force and effect and shall not be binding upon Landlord. c) If any of the rents herein reserved or any other sum payable by Tenant to Landlord shall be overdue and unpaid or should Landlord make payments on behalf of Tenant, or if Tenant shall fail to perform any of the terms of this Lease, Agreement, then Landlord may, at its option and without prejudice to any other remedy which Landlord may have on account thereof appropriate and apply said entire deposit or so much thereof as may be necessary to compensate Landlord toward the payment of rent or additional rent or loss or damage sustained by Landlord due to such breach on the part of Tenant, and Tenant shall forthwith upon demand restore said security to the original sum deposited. d) Should Tenant comply with all of said terms and promptly pay all of the rentals as they fall due and all other sums payable by Tenant to Landlord, said deposit shall be returned in full to Tenant at the end of the term. In the event of bankruptcy or other credit -debtor proceeding against Tenant, all securities shall be deemed to be applied first to the payment of rent and other charges due Landlord for all periods prior to the filing of such proceedings. The security deposit shall be returned to the Tenant without interest upon delivery of entire possession of the leased premises on the exact termination date of the Lease Agreement. 11. TAXES/USE/ASSESSMENTS/INSURANCE/MAINTENANCE COMMON AREAS (IF ANY) WILL BE INDICATED ON LEASE AGREEMENT AND/OR RENT INVOICES WILL BE COLLECTED AS ADDITIONAL RENT: The Tenant shall pay to the Landlord Tenant's share of any assessments, levies, use, occupancy or any other taxes, now or hereafter imposed by any governmental or political division or subdivisions onto any rent due and payable which may also be imposed onto the Landlord (including any laws, statutes, ordinances by the State of Florida, Miami -Dade County, Village of Palmetto Bay or otherwise) -. Sales Tax shall not be pro rata. (State and Federal Income Tax excluded). 12. ELECTRICITY: Tenant agrees that cost of hook up and usage of electricity shall be at the expense and sole responsibility of the Tenant. 13. Hurricane Preparation: Tenant must erect accordion shutters in the event of a hurricane warning and/or hurricane for areas in which Leased Premises is located. Tenant must secure all of Tenant's property into a closed environment and shall remove off the Leased Premises all trash, trash containers, and any debris located in the exterior of Leased Premises immediately upon Hurricane WARNING from immediate news media and/or city officials. 14. INSURANCE/LIABILITIES: Tenant agrees to purchase at Tenant's expense/costs sufficient insurance coverage that is no less than $1 million to cover Business Owner's Fire and Casualty Insurance, Public Bodily Injury Liability Insurance, Public Property Damage Liability Insurance, and Plate Glass Insurance and agrees that Landlord shall be named as additional insured on all policies. Tenant shall be responsible in maintaining sufficient insurance coverage for Tenant's interest and personal property located on Leased Premises at all times during the term of this Lease Agreement. All insurance policies must be renewed immediately upon expiration date of insurance coverage - NO EXCEPTIONS. Tenant shall make copies of the Certificate of Insurance with evidence of initial payments (renewal premiums, or replacement of policy) and shall register mail copy of Certificate of Insurance to Landlord. The Certificate of Insurance shall provide for a ten-day written notice to Landlord in the event of cancellation or material change of coverage. Tenant agrees to pay Tenant's share of any increase in the amount of insurance premiums that Landlord pays over and above the rate now in force that may be caused by Tenant's use or occupancy, or the type of merchandise sold, or the type of business conducted by Tenant on the Leased Premises. Tenant shall not use, sell or keep on Leased Premises, interior or exterior, any materials which may be prohibited by the standard form of fire and risk insurance policy. 15. The laws and regulations of Miami -Dade County, Village of Palmetto Bay, and the State of Florida shall apply to this Lease Agreement. 16. OCCUPANCY TAX AND LICENSES: The Tenant shall be solely responsible for and shall pay before delinquency all municipal, county or state licenses required for the commencing or maintaining of the Tenant's business or occupation and the Tenant shall pay before delinquency all municipal, county or state taxes assessed during the term of this Lease against any occupancy interest or personal property of any kind, owned by or placed in, upon or about the Leased Premises by the Tenant. Tenant shall not in any circumstances compete in the same business of the Landlord's. 17. LANDLORD SHALL HAVE THE RIGHT TO AMEND OR CORRECT ANY PART OF THIS LEASE AGREEMENT, OR ADD RULES AND ADDENDUMS TO THIS LEASE AGREEMENT WHEN DEEMED NECESSARY AND WITHIN REASON, TENANT SHALL BE NOTIFIED OF SUCH AMENDMENT OR CORRECTION. 18. _ WAIVER OF RIGHT TO TRIAL BY JURY; THE LANDLORD AND THE TENANT HEREBY KNOWINGLY AND INTENTIONALLY WAIVE THE RIGHT TO TRAIL BY JURY IN ANY ACTION OR PROCEEDING WITH RESPECT TO ANY MATTER ARISING OUT OF OR RELATED TO THIS LEASE OR THE LEASED PREMISES. 3 19. MECHANIC'S LIENS PROHIBITED: The Tenant is prohibited from creating any liens against the Landlord's interest in the Leased Premises (including adjacent common areas and vacant grass lot located at 9728 E. Evergreen Street). THE INTEREST OF THE LANDLORD SHALL NOT BE SUBJECT TO LIENS FOR IMPROVEMENTS ON LEASED PREMISES BY TENANT OR TENANT'S FAILURE TO FOLLOW THE CITY, STATE, AND FEDERAL LAWS AND COMPLIANCE CODES. 20. Tenant agrees in the event that Tenant violates any of this Lease Agreement, addendums, and rules for said Leased Premises, Tenant shall be considered in Default of this Lease Agreement. In EVENTS OF DEFAULT(S), LANDLORD'S SHALL HAVE ALL RIGHTS AND REMEDIES WHICH SHALL BE CUMULATIVE AS ALLOWED BY FLORIDA LAWS: a) If the Tenant defaults in the payment of rent or the prompt and full performance of any terms and conditions of this Lease Agreement; or if the leasehold interest of the Tenant be levied upon under execution or be attached by process of law; or if the Tenant makes an assignment for the benefit of creditors; or shall be adjudicated a bankrupt or an insolvent; or take the benefit of any federal reorganization or; if a receiver by appointed for any property of the Tenant or, if the Tenant abandons the Leased Premises, The Landlord may, upon three (3) days written notice either: terminate this Lease Agreement and the Tenant's right to possession of the Leased Premises; Tenant agrees to remain liable for the sum of rent due; or without terminating this Lease Agreement, forthwith terminate the Tenant's right to possession of the Leased Premises but the Tenant shall remain liable for damages as permitted by law and as provided for herein; or without terminating this Lease, Landlord may demand immediate payment of the entire unpaid balance of the rent for the entire term of this Lease Agreement and Tenant shall pay for such demand. b) In the event Tenant receives notice of "Default by Tenant", Tenant must cure such Default or Defaults described in the notice within the specified time. If Tenant fails or refuses to cure such default as outlined, then Landlord may at Landlord's option use the remedies of Default as outlined in this Lease Agreement. See paragraph c) Tenant shall then quit and surrender the premises to Landlord, without extinguishing Tenant's Liabilities. The Tenant thereby expressly waives any and all legal notices or the institution of any legal proceedings whatsoever required by law to terminate tenancy. Tenant also waives any and all legal proceedings to recover possession of said Leased Premises, and expressly agrees that Landlord, and/or Landlord's agent or attorney may immediately resume possession of the Lease Premises. d) In the event of any litigation arising out of the construction or performance of this agreement, the prevailing party shall be entitled to recover from the non -prevailing party reasonable attorney fees and costs incurred in all levels of the trial and appellate court system; e) If, as a result of any breach or default in the performance of any of the terms and conditions of this Lease Agreement, The Landlord uses the services of an attorney or any other legal means in order to secure compliance with such provisions or recover damages therefore, or to terminate this Lease Agreement, or evict the Tenant, or to defend Landlord from any violations, fines, or liens imposed by the State, local, city law or any other governmental agencies thereof or any third party, or persons thereof which the Tenant may have caused to the Landlord and the Leased Premises, the Tenant shall reimburse the Landlord upon demand any and all reasonable attorney's fees and expenses so incurred by the Landlord; f) The Tenant hereby irrevocably appoints the Landlord as agent and attorney -in -fact of the Tenant, to enter upon the Leased Premises, in the event of default by the Tenant in the payment of any rent herein contained to be kept or performed by the Tenant, and to remove any and all furniture and personal property whatsoever situated upon the Leased Premises. Any property of the Tenant not removed from the Leased Premises after the end of the term, however terminated, and any and all property which may be removed from the Leased Premises by the Landlord pursuant to the authority of this Lease or of law, and to which the Tenant is or may be entitled, may be handled, removed or stored by the Landlord at the risk, costs and expenses of the Tenant, and the Landlord shall in no event be responsible for the value, preservation or safekeeping thereof. The Tenant agrees to personally pay to the Landlord, upon demand, all expenses incurred in such removal and all storage charges against such property so long as the same shall be in the Landlord's possession or under the Landlord's control. 21. IMPROVEMENTS/ALTERATIONS: a) Tenant shall not remove or replace tiles on Lease Premises, unless Tenant has broken or damaged such tiles on Leased Premises. b) Tenant shall not make any structural improvements, alterations, and additions of any nature to said Leased Premises without written approval from Landlord. 4 c) Tenant agrees that any of these alterations, remodeling, additions or any changes of any nature to Leased premises shall be at the sole costs and expense of the Tenant. d) All fixtures installed in the leased premises shall be removed by the Tenant, and at Tenant's own expense. e) The Landlord shall have the right and privilege to make any alterations or additions of any nature to the building/property which Leased Premises are a part of and without any liability to the Tenant. Landlord shall notify Tenant prior to execution of any alterations or additions. 22. COMPLIANCE WITH STATUTES, ORDINANCES, RULES, ORDERS, REGULATIONS, AND BUILDING CODES: a) Tenant shall comply with and execute all statutes, ordinances, rules, laws, regulations, and requirements of the Federal, State (Florida), County (Miami -Dade), City (Palmetto Bay) or any other governmental agencies which may be applicable to the operation of and licensing of Tenant's business on Leased Premises. b) Tenant shall also comply with all the rules, orders, and regulations of the Metro Dade Fire Department and the Southeastern Underwriters Association for the prevention of fires, at Tenant's own expense. c) Landlord makes no representation of what uses are currently permitted under the zoning codes. Tenant at Tenant's expense shall modify Tenant's business and said Leased Premises so as to be in compliance with applicable zoning codes, laws, statutes or apply for appropriate variances. d) Tenant shall, before making any alterations, additions, or improvements MUST obtain permits, approvals, and certificates required by the Florida Building and Zoning. Upon final approval from inspectors of the Florida Building and Zoning Dept. and it's other governmental agencies, Tenant shall deliver to the Landlord copies of certificate of approval signed and stamped by the Florida Building and Zoning Dept. Any contractors or subcontractors doing any work whatsoever for Tenant and at Tenant's own expense, must be fully licensed, insured and is qualified to do such work in the State of Florida. Copies of licenses and insurances by contractors are required by Landlord before such work is to be performed. e) Tenant agrees that Tenant shall not put Landlord's interest on property in disarray due to Tenant's failure to comply or renew any licenses and insurance policies required by the Landlord and the laws, rules, regulations set forth by the State of Florida, Miami Dade County and its governmental agencies. f) NOTICES OF VIOLATIONS, CITATIONS OR LIENS: In the event Tenant receives any notices of violations, citations or cause a Lien or threat of a Lien to be placed upon this Leased Premises due to Tenant's negligence to follow the rules and laws of the Village of Palmetto Bay, or Miami Dade County or the State of Florida or any federal government or any of their governmental agencies, Tenant shall cure such said violations within 5 days of receipt of such notices. All copies of said violations and payments to cure such shall be given to Landlord for record keeping. Tenant shall be in Default of this Lease Agreement. 23. MAINTENANCE/REPAIRS: a) Landlord shall be responsible for maintaining the exterior walls, foundation, parking lot, roof, in a state of good condition (normal wear and tear excepted). b) Tenant agrees to be solely responsible at all times for maintenance and maintaining the interior of Leased Premises in a state of good repair and safe condition including all lighting fixtures and plumbing fixtures, plate glass, electrical, hurricane shutters, air conditioning, replace a/c filters and maintain doors at Tenant's own expense and shall insure the same against theft, vandalism and casualty. Tenant shall surrender the same, at termination hereof, in as good condition as received, normal wear and tear excepted. c) Tenant agrees that Tenant will not cause, or permit waste, or deterioration to the Leased Premises. Neither the Landlord nor the Tenant shall be required to perform any term, condition or covenant in this Lease Agreement so long as such performance is delayed or prevented by acts of God, labor disputes (whether lawful or not) material or labor shortages, restrictions by any governmental authority, civil riots, floods and any other causes not reasonably within the control of the Landlord or the Tenant and which, by the exercise of due diligence, the Landlord or the Tenant is unable, in whole or in part, to prevent or overcome. 24. DAMAGE OR DESTRUCTION OF THE LEASED PREMISES: In the event Landlord's property/building is damaged by casualty, the Landlord shall have the option of canceling Lease or make repairs to the Leased Premises within (120) days as long as the Landlord is not burdened by delays from any insurance companies, local, state, or federal governmental agencies, - permits, inspections, acts of God, labor disputes, material or labor shortages, civil riots, floods, and any other causes that's beyond the control of the Landlord. If the Landlord elects to make repairs, then Tenant shall be obligated to continue paying rent as it becomes due and to comply with all other terms and conditions of this Lease Agreement. If Landlord elects to cancel 5 this Lease Agreement, the Tenant :is only, obligated to pay rent to date of casualty. The Landlord or Landlord's Associates shall not be liable for any damage to or any inconvenience or interruption of business of the Tenant or any of its associates occasioned by fire or any other casualties. 25. SUBORDINATION: This Lease shall be subject and subordinate to any mortgage or mortgages now or hereafter encumbering the building of which the Leased Premises is a part thereof. This provision shall be self -operative without the execution of any further instruments. Notwithstanding the foregoing, however, the Tenant hereby agrees to execute any instrument(s) which the Landlord may deem desirable to evidence the subordination of this Lease to any and all such mortgages. 26. WAIVER: No failure of Landlord to enforce any terms and conditions hereof shall be deemed a waiver, nor shall any acceptance of a partial payment of rent or any said charges be deemed a waiver of Landlord's right to receive the full payment. The rights and remedies created by this Lease Agreement are cumulative and are not intended to be exclusive and the use of one remedy shall not be taken to exclude or waive the right of use of another, and Landlord shall be entitled to pursue all remedies available to Landlord under the laws of the State of Florida in the County of Dade and the city of Palmetto Bay. 27, ACCESS BY LANDLORD: Landlord or Landlord's Associates, shall have the right to enter said Leased Premises during business hours, to examine, make repairs, additions, alterations, or to remove placards, signs, or fixtures which do not conform to this Lease Agreement. At any time within (60) days before the expiration of this Lease Agreement, Landlord shall have the right to exhibit said Leased Premises to prospective tenants, install or place a notice "FOR RENT" sign on Leased Premises. Tenant or Tenant's Associates may not remove or relocate said signs installed or placed on Leased Premises by Landlord. 28. JOINT AND SEVERABILITY: If more than one person or entity executes this Lease Agreement as the Tenant, all such persons and entities shall be jointly and severally liable for all of the Tenant's obligations hereunder. 29. NO MERGER: The voluntary or other surrender of this Lease by the Tenant, or a mutual cancellation thereof shall not work a merger, and shall at the option of the Landlord terminate all or any existing subleases or sub -tenancies, or may at it's option of the Landlord, operate as an assignment to it of any or all such subleases or sub -tenancies. 30. AUTHORITY: If Tenant signs this Lease Agreement as a corporation or partnership, then the Tenant and each of the persons signing this Lease Agreement on behalf of the Tenant, represent and warrant that the Tenant is a duly authorized and existing entity; that the Tenant has and is qualified and licensed to do business in Florida; that the corporation or partnership has full rights and authority to enter into this Lease Agreement; and that each of the person(s) signing on behalf of the entity are authorized to do so. 31. HAZARDOUS SUBSTANCES INDEMNIFICATION: (If applicable to Tenant and the operation of Tenant's Business): Hazardous/toxic substances and materials as defined by DERM, OSHA, local, state and federal government shall not be released, used, generated, handled, disposed of, poured, spilled, dumped or stored on Leased Premises by Tenant and/or Tenant's Associates (e.g. toilets, sinks, any other drainage system, on the exterior and interior grounds, adjacent areas, parking lot or vacant grass lot of the Leased Premises). a) The Tenant hereby agrees and personally guarantees that if in the course of the conduct of Tenant's business, Tenant generates Hazardous Substances or materials that Tenant will immediately transport and dispose of such hazardous or toxic substances, as those terms may be defined or used in any local, state or federal environmental hazardous substance, or land and water use laws and regulations, and that any accidental spillage of such substance will be cleaned up by the Tenant at Tenant's sole costs and expense, immediately after such occurrence. Tenant also agrees to abide by the terms, regulations, procedures, laws, as outlined lined by DERM, and comply with all provisions of DERM including obtaining permits and licenses from DERM to operate Tenant's business on Leased Premises. The Tenant hereby agrees to indemnify, defend and save harmless Landlord from and against all damages arising under any provision of local, state or federal law, which prohibits the release of hazardous and/or toxic substances which requires removal or immediate remedial action, and the costs such actions of such hazardous and/or toxic substance, including but not limited to any claims, damages, judgments, penalties, costs, liabilities or losses (including, without limitation, a decrease in value of the Leased Premises, damages caused by the loss or restriction of rentable or usable space, or any damages caused by adverse impact on marketing of the space) and any and all sums paid in settlement of claims or lawsuits, attorneys' fees (before trial, trail and appeal), consultant and expert fees and any fines levied in connection therewith, whether such costs of response, removal or remediation are incurred by the Landlord, any local, state or federal governments or by other persons. Tenant agrees that any action or conduct by Tenant's Associate(s) shall be deemed as actions and conduct of the Tenant, therefore, it shall be deemed as Tenant's action and/or conduct. This indemnification provision shall survive the termination or expiration of this Lease. 2 32. ABANDONMENT/VACATE: Tenant shall be in default, if during the term of this Lease, Tenant abandons, vacates or remove from the Leased Premises the major portion of the goods, wares, equipment or furnishings usually kept on the Leased Premises, or ceases doing business or is absent from Leased Premises for 15 days without notice to Landlord, or shall suffer the rent to be in arrears. Landlord may cancel this Lease Agreement due to Tenant's default and breach of this Lease Agreement and may enter and re -let Leased Premises without being liable in any manner whatsoever to Tenant. Tenant hereby waives all rights of notices from Landlord. If notice to claim abandoned property is not delivered in writing to Landlord by certified or registered mail, return receipt, postage prepaid within 5 days after Tenant's abandonment, Landlord may at anytime thereafter enter Leased Premises without any judicial or legal procedure, dispose or keep all such personal property deemed abandoned by Tenant or Tenant's Associate's in any manner Landlord deems proper and Landlord is hereby relieved of all liability to Tenant or Tenant's Associate's for doing so. If Tenant vacates or abandons Leased Premises in a state of disrepair, Tenant shall pay Landlord market value of services plus 30% overhead to clean, replace, repair, and paint said Leased Premises. 33. TRANSFER OF ESTATE: If Landlord's interest of Leased Premises undergoes a sale or Landlord's operation is terminated by any reason, then Landlord, and its Associates, successors, heirs, assigns shall be released and waived from all liability and responsibility to Tenant under this Lease Agreement. All such liabilities and responsibilities and obligations shall be binding upon the new owner and successors. Tenant agrees to attorney to new owner or successors. 34. SUCCESSORS AND PERMITTED ASSIGNS: This Lease shall bind and inure to the benefit of the successors, permitted assigns, heirs, executors, administrators and legal representatives of the parties hereto. 35. EMINENT DOMAIN: If the whole or any part of the Leased Premises shall be acquired or condemned by Eminent Domain for any public use or purpose, the term of this Lease shall cease and terminate from the date of title vesting in such proceeding and the Tenant shall have no claim against the Landlord or against the total award for the value of any unexpired portion of the Lease term. The Tenant shall not be entitled to any part of any award that may be made for such taking, nor to any damages therefore except that the rent shall be adjusted as of the date of such termination of this Lease. 36. KEYS: In the event Tenant re -keys all locks to Leased Premises, copies of such keys to all entrances including any structures that restricts access to the interior shall be given to Landlord. 37. ASSIGNMENT: The Tenant shall not assign, transfer, mortgage, pledge, sublease or otherwise encumber or dispose of this Lease or underlet the Leased Premises or any part thereof or permit the Lease Premises to be occupied by other persons without the written approval by the Landlord. If the Tenant is a corporation and if at anytime during the term of this Lease there is a change of ownership of and/or power to vote the majority of the outstanding capital stock of the Tenant, then such change shall be considered a transfer of this Lease and the Tenant shall have the obligation to obtain the Landlord's prior written consent according to the procedures set forth herein. 38. COMPLETE AGREEMENT: The foregoing constitutes the entire agreement between the parties and may be modified, changed, or amended only in writing by Landlord only and signed by both parities hereto. No surrender of the Leased Premises, or Tenant's abandonment and/or vacating of premises, before the remainder of the term of this Lease, shall be valid unless accepted and signed by Landlord in writing. Tenant shall not record this Lease Agreement or any memorandum thereof without written permission of the Landlord. There are no brokers involved with this Lease Agreement. Therefore, any claims of compensation, commissions, and charges by any persons, broker or agent, shall be null and voided. 39. This Lease supercedes and cancels any and all previous negotiations, arrangements, and Lease Agreements, if any, between the Landlord and the Tenant. However, the Landlord may at any time during the terms of this Lease Agreement add, omit, amend/correct or attach any new addendum to the terms and conditions of this Lease Agreement as Landlord may deem necessary. There are no representations between the Landlord and the Tenant other than those contained in this Lease and all reliance with respect to any representation is solely upon the representations herein contained, if any. 40. SEVERABILITY: If any term or provision of this Lease or the application thereof shall to any extent be ruled invalid or unenforceable by any court of competent jurisdiction, the remainder of this Lease or the application of such term or provision other than those as to which it is held invalid or unenforceable shall not be affected thereby and such terms and provisions of this Lease shall be valid and be enforced to the fullest extent permitted by law. 41. LIEN FOR PAYMENT OF RENT: The Tenant hereby pledges and assigns to the Landlord as security for the payment of any and all rental or other sums or amounts provided for herein, all of the furniture, fixtures, furnishings, equipment (office and professional), and all other goods and chattels which shall or may be brought or put on or into said Leased Premises and the Tenant agrees that said Lien may be enforced by distress, foreclosure or otherwise, at the sole election of the Landlord. ` The Tenant and any guarantor hereby expressly waives and renounces for himself any and all homestead and exemption rights he may now or hereafter acquire under or by virtue of the Constitution and laws of the State of Florida or any other 7 state or the United States, as against the payment of said rental or any other obligation or damage that may accrue under the terms of this Lease and guaranty. 42. Tenant will not receive any compensation, sums, discounts, deduction of rent, or commission on any leasing, subleasing or assignment of Leased Premises by Landlord or Landlord's Associates (ex: billboard sign). 43. SURRENDER OF PREMISES: On the termination date of this Lease Agreement, Tenant shall surrender possession of the Leased Premises as follows: a) leased premises must be surrendered in good clean condition; b) all of Tenant's property must be completely removed off leased premises; c) all trash and debris must be lawfully removed from leased premises (includes interior and exterior surroundings); d) interior and exterior of Leased Premises must not be damaged or injured; d) all electrical and plumbing fixtures, accordion shutters, glass, walls, electrical units, air conditioning and doors are in good working order and not damaged (normal wear and tear excepted; e) Tenant shall surrender to Landlord all keys including any copies that Tenant may have to the Leased Premises. 44. BANKRUPTCY: If Tenant shall become insolvent or if bankruptcy proceedings has begun by or against the Tenant prior to the termination of this Lease Agreement, the Landlord is hereby irrevocably authorized at its option, may cancel this Lease Agreement, as for a default. Landlord may elect to accept rent from such receiver, trustee, or other judicial officer during the term of their occupancy in their fiduciary capacity without affecting Landlord's rights as contained in this lease agreement, but no receiver, trustee or other judicial officer shall ever have, any right, title or interest in or to the Landlord's property or the described Leased Premises by virtue of this contract. 45. INDEMNIFY LANDLORD: Tenant agrees that Tenant will indemnify and hold Landlord harmless from all losses, damages, liabilities and expenses, which may rise or be claimed against Landlord and be in favor of any person, firm or corporation, for the death of any person, and for any injuries or damages to any person or property belonging to any Associates, due to or arising from: a) the use or occupancy of said Leased Premises by Tenant; b) any acts, omissions, neglect, nor fault of Tenant or Tenant's Associates; c) Tenant's failure to comply with the laws, statutes, ordinances, or regulations, d) or by fire, flood, windstorm, Acts of God or any other natural causes. Parking vehicles or leaving personal property on leased premises is at Tenant's own risk. 46. GUARANTEE OF TENANT'S OBLIGATIONS: All signatories by Tenant and Co -Tenant (if applicable) in this Lease Agreement, even though signing in a corporate capacity shall nonetheless, be personally for the full and faithful performance by the Tenant of each and every provisions, and the financial obligations of the Tenant undertaken in this Lease Agreement. In the event of any litigation arising out of or from the enforcement of this guarantee, the prevailing party shall be entitled to recover from the non -prevailing party all reasonable attorney's fees (trial and appellate), costs of collection and any other costs incurred. 47. LIMITATION OF LIABILITY: The term the Landlord as used in this lease shall be limited -to mean and include any the owner or owners at the time in question of the fee of the Leased Premises and in no event shall such term or any covenants be construed to impose a personal obligation upon the property manager, representative, agent and/or Landlord's Associates who are independent and authorized by the owner of the Leased Premises to secure lease and to manage Leased Premises. In the event of any transfer of title to such fee, the Landlord herein shall be automatically freed and relieved from all personal liability with respect to performance of any covenant or obligation on the part of the Landlord, provided any security deposits or advance rents held by the Landlord are turned over to the grantee and said grantee expressly assumes, subject to the limitations of this paragraph, all the terms, covenants and conditions of this lease to be performed on the part of the Landlord, it being intended hereby that the covenants and obligations contained in this lease on the part of the Landlord shall be binding on the Landlord, its successors and assigns, only during their respective successive periods of ownership. 48. The Tenant agrees to obtain and deliver to the Landlord, written and unconditional waivers of mechanic's liens upon the Landlord's interest in the Leased Premises and real property and any mechanic's liens filed in contravention of this Lease Agreement upon the interest of the Landlord, for all work, labor, materials, and services to be performed in connection with such work, signed by all contractors, subcontractors, material men and laborers to become involved in such work. Nothing herein shall be construed to give the Tenant or any contractor, subcontractor, material men or laborer any right to a mechanic's Lien upon the Landlord's interest in the real property. Notwithstanding the foregoing, if any mechanic's Lien is filed against the Leased Premises or the building for work claimed to have been done for, or materials furnished to the Tenant, whether or not done pursuant to this paragraph, the same shall be discharged by the Tenant within ten (10) days thereafter, at the Tenant's expense, by transferring the Lien to security pursuant to Florida Statue 713.24 or other applicable provisions of the Florida Mechanic's Lien Law. Tenant further agrees that Tenant will pay all liens for contractors, mechanics, laborers, material men, and other items whom are retained by Tenant and will indemnify Landlord against all legal costs and chargeg, bond premiums for release of liens, including reasonable attorney's fees, incurred in and for the defense of any suit in discharging the Leased Premises or any part thereof from any liens or judgments caused to be attached by Tenant. All costs and expenses shall be paid by Tenant to Landlord as additional rent and shall be due upon demand by Landlord. :, 49. INDEPENDENT COVENANT: The obligations of the Tenant to pay all rent and other sums, to be paid by the Tenant and the obligation of the Tenant to perform the Tenant's other covenants and duties constitute independent, unconditional obligations to be performed at all times, save and except only when abatement thereof or reduction therein is expressly provided for in this Lease and not otherwise. The Tenant waives and relinquishes all rights which the Tenant may have to claim any nature of a pre -judgment Lien against or withhold, or deduct from, or offset against any rent and other sums provided hereunder to be paid the Landlord by the Tenant. The Tenant waives and relinquishes any right to assert, wither as a claim or as a defense, that the Landlord is bound to perform or is liable for the non-performance of any duty of the Landlord either provided or not provided in this lease. 50. RADON GAS: Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present a health risk to persons who are exposed to it over time. Levels of radon that exceed Federal and State Guidelines have been found in buildings in Florida. Additional information regarding Radon and Radon testing may be obtained from your county public health unit. (Florida Statues - Section 404.056) ACCEPTANCE/GUARANTY: The undersigned Tenants hereby accepts and personally guarantees to be responsible for all payments of all sums of rent and the terms and conditions of this Lease Agreement. The undersigned Tenants have read all the pages of the terms and condition of this Lease Agreement and the Rules and Conditions of Exhibit A Page. Tenant/ Guarantor's Signature: Print Name: oscd/z-- v;,�s Co -Tenant/ Guarantor's Signature: Print Name: Date: '�/ 11 Id-4 i q Date: v WITNESS WHEREOF: the parties hereto have hereunto executes this instrument for the purpose herein expressed, the day and year above the written by their respective officers or parties thereunto duly authorized. Signed, sealed and delivered in the presence of: On this 1Z day of , 2019 As to Tenant: As to La 5 �( ('� Print name: SC.�ti �i�t'�S Print Name: M �C t �i(T( � Witness: Print name: C�J Witness: Print name: M EXHIBIT A RULES AND CONDITIONS A. ELECTRICITY: Tenant agrees to disconnect electricity upon vacating Leased Premises. Tenant shall not bring onto Leased Premises any high voltage equipment before getting written approval from Landlord. B. WATER & SEWER: 1) No washing of any types of vehicles allowed unless otherwise authorized by Landlord. 2) Please make sure to turn off all faucets interior or exterior of building. 3) Water usage is only allowed on Leased Premises. C. DUMPSTER / GARBAGE REMOVAL: 1) Tenant agrees that it is the responsibility of the Tenant to remove any trash or debris at Tenant's own expense. 2) NO DUMPING OF ANY TRASH, DEBRIS OR HAZARDOUS CHEMICAL OR LIQUIDS ON LEASED PREMISES, 3) Unless otherwise agreed in writing, Tenant may share dumpster with Landlord for an additional charge. D. Tenant shall assume all liabilities in event the Tenant leaves vehicles or personal property at Tenant's own risk. Landlord shall not be responsible for lost or stolen personal property, equipment, money, vehicles or any articles taken from Leased Premises or damaged on Leased Premises. E. Tenant shall not bring onto Leased Premises any kinds of animals. F. Tenant shall not use Leased Premises or building for housing, lodging or sleeping purposes or for the cooking or preparation of food G. Tenant shall not bring onto Leased Premises explosives or any flammable substances or materials on to Leased Premises. H. Tenant shall return all keys to Leased Premises to Landlord. No additional locks shall be placed on any door on Leased Premises. I. RECYCLE BINS: Recycle Bins are provided at no charge until otherwise noted by Waste Mgt. Inc. 1) Please fold all carton boxes before placing in recycle bins. 2) Plastic bottles or glass — emptied before placing in recycle bins. 3) NO PLASTIC BAGS permitted in Recycle Bins. 4) NO FOOD permitted in Recycle Bins. PARKING: Common areas are for parking only for the non-exclusive use by Tenants, Customers and Landlord. 1) NON WORKING VEHCILES may not be stored or parked on Leased Premises. 2) NO AUTO REPAIRS OR OIL CHANGES ON LEASED PREMISES. 3) Tenant agrees to park company vehicles behind Perrine Cutler Press Inc. Tenant agrees that Parking Lot located behind 950/960 is reserved for future Tenant of those two units. K. SIGNS- EXTERIOR OF LEASED PREMISES: 1) Only CHANNEL LETTERS or ELECTRICAL SIGNS are permitted 2) No signs above roof line. All signs belonging to Tenant must be removed off Leased Premises by Tenant in the event Tenant vacates Leased Premises. SIGNS- INTERIOR OF LEASED PREMISES: 1) Only VINYL letters are permitted on glass windows and doors. All of which shall be removed by Tenant in the event Tenant vacates Leased Premises. 2) PAINTING and ENGRAVING NOT PERMITTED on glass windows and doors. Tenant agrees to forfeit entire deposit plus additional cost to replace windows and/or glass doors, if Tenant defaults any of the above rules on this list. 10 003816 Local Business Tax Receipt Miami -Dade County, State of Florida THIS IS NOT A BILL - DO NOT PAY 5981536 BUSINESS NANIMCATION AMERI CLEAN PUMPING INC 12515 SW 88TH ST 206 MIAMI FL 33186 OWNER AMERI CLEAN PUMPING INC Worker(s) RECEIPT NO. RENEWAL 6240295 SEC. TYPE OF BUSWESS 196 PLUMBING CONTRACTOR 17P000653 EXPIRES SEPTEMBER 30,2022 Must be displayed at place of business Pursuant to County Code Chapter 8A - Art. 9 & 10 PAYMENT RECEriED HYTAX COLLECTOR $75.00 08/06/2021 CHECK21-21-069571 This Local Business Tax Receipt only confirms payment of the Local Business Tax. The Receipt is not a license, permit Ora certification of the holder's qualifications, to do business. Holder must comply with any governmental or nongovernmental regulatory laws and requirements which apply to the business, The RECEIPT NO. above must be displayed on all commercial vehicles - Miami -Dade Code Sec Zia-276. For more information, visit wwwmiamidade.ggy/tagcollecto GUGGU1U.�i'7U rC.JJJ OFFICIAL DOCUMENT Permit No: L67-000656-2022/2022 (ST) -ST Permit Issued To: AME'RI-CLEAN PUMPING, INC. Facility Location: 970 PERRINE AVE PALMETTO BAY, FL 33157- Contact Name/Address: Attn: Oscar Vinces AMERI-CLEAN PUMPING, INC. PO BOX 560951 MIAMI, FL 33256- Regulatory and Economic Resources Environmental Resources Management 701 NW 1 st Court • 7th Floor Miami, Florida 33136-3912 T 305-372-6600 F 305-372-6893 LIQUID WASTE TRANSPORTERS ANNUAL OPERATING PERMIT DESCRIPTION OF FACILITY/EQUIPMENT miamidade.gov This dccament, issued under the provisions of Chapter 24, Miami -Dade County Code (Dade County Environmental Protection Ordinance), shall be valid from January 01, 2022 through. December 31, 2022. The above named permittee, is hereby authorized to operate as a Liquid waste Transportation business with the equipment bearing the 5 identifying stickers) included with this permit. The above referenced facility location_ represents the vehicle storage location of said business as reported by the permttee. This facility is subject to conditions listed below and in the following pages (if anti) of this permit. SPECIFICCONDITIONS 1. This permit only authorizes the transportation of non -hazardous liquid wastes limited to septage, stormwater, portable toilet, and crease interceptor waste, unless otherwise approved by the Department. 2. The Permittee shall maintain and report to the Department a current inventory of all vehicles including, but not limited to, tractors, trailers and single unit vehicles (e.g-, vac -trucks, etc'_) used by the Permittee for the purpose of liquid waste transportation. in Miami -Dade County. All vehicles, except for trailers, shall bear a current Liquid Waste Transporters decal issued by the Department which shall be placed in a visible location on the passenger side of the vehicle's windshield. Decals shall remain intact and visible at all times. 3. All liquid waste transportation activities that originate or end in Miami -Dade County shall be documented and reported monthly using Department approved forms. Said monthly reports shall be submitted on or before the e 20th day of each month and include all transportation activities that were completed as of the last day of the preceding calendar month_ The submittal of a monthly report is also required for months where transportation activities were not performed by the Permittee. The reports shall also include payment of permit fees (made payable to Miami -Dade County) that correspond to the total quantity and type of liquid waste transported, iP accordance with the latest approved fee schedule. The completed monthly reports, inclusive of the applicable permit fee payment, shall be submitted to: Department of Regulatory and Economic Resources, Attn: D^RM Liquid Waste Transporters Program, P.O_ Box 12378, Miami, FL 33101-2378. 4. Complete monthly reports shall consist of providing the source name and address, date of collection, quantity of waste, disposal destination, payment of associated fees, and all other applicable information required by the reporting forms. 5. All liquid waste transportation activities that originate or end in Miami -Dade County shall be manifested using the latest Department approved "eManifest" form. The latest version of the eManifest form may be retrieved from miamidade.gov/apps/rer/LiquidwasteTransoorterElectrorlicMani- fest/Default Lee N. Hefty, Assistant Director Department of Regulatory and Economic Resources, Environmental Resources Management Page 1 of 3 6. information documented on the eManifest form shall be reported to the Department electronically on or before the 20th of each month and include all activities that were completed as of the last day of the preceding calendar month. Said information shall be reported using the Department's online eManifest application that may be accessed by using the following link and temporary password: https://wwwB.miamidade.goj/apps/rer%LiquidwasoeTransporterElectronicmanifest%Default. Temporary Password for new transporters: L,,t12345 7. Disposal of liquid wastes in Miami -Dade County shall only occur at a Department approved facility. No liquid waste shall be deposited at any other site or structure. 8. only liquid wastes limited to septage, stormwater, portable toilet and grease interceptor waste are authorized to be transported for disposal at a Miami -Dade County owned and operated Wastewater Treatment Plant. 9. Liquid wastes containing formaldehyde and/or formalin shall not be disposed of at a Miami -Dade County owned and operated wastewater Treatment Plant. If such pollutants are present, said waste shall be disposed of at an appropriate and permitted facility. 10. Transport of non -hazardous waste (other than septage, stormwater, portable toilet, and grease interceptor waste) for disposal at a Miami -Dade County Wastewater Treatment Plant shall require prior joint and written approval from this Department and the disposal facility. Said written approval shall be attached to the eManifest form. Non -hazardous waste approved for disposal shall be listed separately on the eManifest form as ''Other Waste". The Liquid Waste Transporters Montnly Report shall contain_ information detailing the name of source, address, date, quantity, and disposal location of said waste. 11. The disposal of hauled liquid waste at a Miami -Dade County owned and operated Wastewater Treatment Plant is subject to the sanitary sewer discharge limitations and pretreatment standards stipulated in Section 24-42.4, Miami -Dade County Code, and other applicable requirements established by Miami -Dade County. 12. Pursuant to Section 24-42.6(li), Miami -Dade County Code, liquid waste transporters that service Fats, oils and Grease (FOG) control devices shall have one (1) trained person operating each permitted vehicle with working knowledge of FOG control devices, kitchen hoods, solids separators, best management practices, yellow grease storage, mat and equipment wash down areas, septic system operation and maintenance, record keeping, and reporting. Information concerning approved training sites and training materials can be obtained by contacting the Department's Liquid Waste Transporters program via email at DERMLiquidwaste�zmiamidade.gov. 13. FOG control systems (e.g., interceptors, solid separators, sampling points, etc.) cleaning shall include the complete removal of all system contents. Decanting, skimming, or backflushing is prohibited. 14. Commingling of grease interceptor waste with any other waste or product is prohibited. 15. Septic systems (e.g., septic tank, dosing tank, etc.) cleaning shall include the complete removal of all system contents. Decanting, skimming, or backflushing is prohibited. The Department shall be notified by email to SepticSystems@miamidade.gov of any septic system deficiencies, including breached tanks. 16. All liquid waste transportation equipment shall be maintained in good working order at all times and not leak. 17. All spills must be immediately reported to this Department by the transporter at (305) 372-6955 or via email at EnvironmentalCcmplaints'miamidade.gov. 18. The Permittee shall only store (park) its liquid waste transportation vehicles on properties whose zoning allows for commercial vehicle storage. GENERAL CCONDITIONS 19. The Permittee, by acceptance of this document, agrees to operate and maintain the subject operation so as to comply with the requirements of Chapter 24 of the Code of Miami -Dade County. 20. If for any reason, the Permittee does not comply with or will be unable to comply with any condition or limitation specified on this document the Permittee shall immediately notify and provide the Department with the following information: (a) a description of and cause of non-compliance; and (b) the period of non-compliance including exact dates and times; or, if not corrected, tie antic,patea time 'the non-compliance is expectei tb C6nt1nUA, and Stgng taken to reduce, eliminate, and prevent recurrence of the non-compliance. The Permittee shall be responsible for any and all damages which may result and may be subject to enforcement action by Page 2 of 3 GVGG V 1 V.�.1-'7 v / GJJJ OFFICIAL DOCUMENT Regulatory and Economic Resources Environmental Resources Management MIAM I•DADE 701 ww 1 st Court • 7th Floor Miami, Florida 33136-3912 T 305-372-6600 F 305-372-6893 miamidade.gov Permit No: LW-000656-2022/2022 (ST) Permit Issued To: AMERI-CLEATS PUMPING, INC. the Department for penalties or revocation of this document. 21. As provided in Section 24-15 of the Code of Miami -Dade County, the prior written approval of the Department shall be obtained for any alteration to this facility. 22. The issuance of this document does not convey any vested rights or any exclusive privileges. Nor does it authorize any injury to public or private property or any invasion of personal rights, nor any infringement of federal, state or local laws or regulations. Nor does it relieve the Permittee from liability for harm or injury to human health or welfare or proper y. 23. This document is required to be posted in a conspicuous location at the facility site during the entire period of op ration. 24. The Permittee must provide written notification to the Department upon ceasing operations at the facility that includes the official date of closure. If the submittal of other information is required by the Department prior to the closure of the facility pursuant to the conditions of this; permit, said information must be submitted in_ accordance with the requirements and applicable timeframes indicated therein. 25. This document is not transferable. A new or modified permit issued by the Department, pursuant to Chapter 24 of the Miami -Dade County Code, is required for any changes or modifications to the namezof the Permittee, facility location, or upon sale or legal transfer of the property or facility. 26. The Permittee, by acceptance of this document, specifically agrees to allow access to the named source at reasonable times by Department personnel presenting credentials for the purposes of inspection and testing to determine compliance with this document and Department rules. 27. This document does not constitute an approval by the Department or certification that the Permittee is in compliance with applicable laws, ordinances, rules or regulations. The Permittee acknowledges that separate enforcement actions may be initiated by the Department and that this document does not constitute compliance with orders issued in conjunction with enforcement actions for correction of violations. 28. This document does not indicate a waiver of or approval of any other Department permit that may be required for other aspects of this facility. 29. Failure to comply with any condition of this document, or the requirements of Chapter 24, Code of Miami -Dade County may subject the Permittee to the penalty provisions of said Chapter including civil judicial penalties up to $25,000 per day per offense and/or criminal penalties not to exceed $500 per day or, for violations of Section 24-42.4 Sanitary Sewer Discharge Limitations and "Pretreatment Standards not to exceed $2,000 per day and/or sixty (60) days in jail. Page 3 of 3 City of Miami Solicitation 1476386 Solicitation 1476386 Solid Waste Truck Wash Solicitation Designation: Public City of Miami 4/4/2022 7:51 AM P. 1 City of Miami Solicitation 1476386 Solicitation 1476386 Solid Waste Truck Wash Solicitation Number 1476386 Solicitation Title Solid Waste Truck Wash Solicitation Start Date Feb 23, 202212:43:15 PM EST Solicitation End Date Mar 18, 2022 3:00:00 PM EDT Question & Answer End Mar 7, 2022 3:00:00 PM EST Date Solicitation Contact Cristiane Lima 305-416-1904 clima@miamigov.com Contract Duration See Specifications Contract Renewal See Specifications Prices Good for See Specifications Pre -Solicitation Conference Mar 2, 202210:00:00 AM EST Attendance is optional Location: +1 786-598-2961, United States, Miami (Toll) Conference ID: 807343680# Please see the Bid Document for the meeting link. Refer to Section 2.3. PRE -BID CONFERENCE. Solicitation Comments THE PURPOSE OF THIS SOLICITATION IS TO ESTABLISH A CONTRACT, FOR THE PROVISION OF MONTHLY MAINTENANCE SERVICE TO THE SOLID WASTE TRUCK WASH FACILITY. Addendum # 1 "r BID BOND IS NOT REQUIRED FOR THIS IFB. FAILURE TO SUBMIT, COMPLETE, AND/OR SIGN THE FOLLOWING DOCUMENTS SHALL RENDER YOUR BID NON -RESPONSIVE. 1. THE CERTIFICATION STATEMENT, AND 2. CERTIFICATIONS SECTION. ALL UPLOADS SHALL BE IN PDF FILE FORMAT, NO OTHER FILE FORMATS WILL BE ACCEPTED BY THE CITY. ATTACHMENT FILES SHALL BE NO MORE THAN 250MB IN SIZE EACH, SHOULD THERE BE A NEED FOR A LARGER SIZE FILE TO BE UPLOADED SPLIT IN MULTIPLE FILES. FOR BIDSYNC TECHNICAL DIFFICULTIES AND/OR ISSUES PLEASE CONTACT BIDSYNC VENDOR SUPPORT TOLL -FREE NUMBER AT 800-990-9339, OR SUPPORT.BIDSYNC.COM, OR VIA EMAIL AT SUPPORT@BIDSYNC.COM . ADDENDUM NO 1pdf Exhibit A.pdf 4/4/2022 7:51 AM p. 2 City of Miami Solicitation 1476386 Item Response Form Item 1476386--01-01 -Monthly Service to the Solid Waste Truck Wash Facility. Quantity 1 month Unit Price Delivery Location City of Miami City of Miami Department of Solid Waste 1290 NW 20th Street Miami FL 33142 Qty 1 Description Total Price, Inclusive of Labor, Equipment, Parts, and Materials, to Provide Monthly Service to the Solid Waste Truck Wash Facility. Pursuant to Section 3.1,Specification/Scope of Work. 4/4/2022 7:51 AM p. 3 City of Miami Solicitation 1476386 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: Contracting Officer E-Mail Address: Contracting Officer Facsimile: City of Miami Invitation for Bid (IFB) Department of Procurement Miami Riverside Center 444 SW 2nd Avenue, 611 Floor Miami, Florida 33130 Web Site Address: www.miamigov.com/procurement 1476386 Invitation for Bid for Solid Waste Truck Wash 23-FEB-2022 18-MAR-2022 @ 3:00 p.m. Voluntary Wednesday, March 2, 2022 @ 10:00 a.m. Virtual Via Microsoft Teams Monday, March 7, 2022 @ 3:00 p.m. Lima, Cristiane CLima a.miamigov.com (305)400-5009 4/4/2022 7:51 AM p. 4 City of Miami Certification Statement Solicitation 1476386 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 submiter. 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. 4/4/2022 7:51 AM P. 5 City of Miami Certifications Solicitation 1476386 Legal Name of Firm: Entity Type: Partnership, Sole Proprietorship, Corporation, etc. Year Established: Address, City, State, Zip, Contact Name, Contact Tittle, Phone, Fax, Email: Federal Employer Identification (" FEIN/EIN") Number: Office Location: City of Miami, Miami -Dade County, or Other 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). If no subcontractor(s) will be utilized, please insert N/A.: Please list and acknowledge all addendum/addenda received. List the addendum/addenda number and date of receipt (i.e. Addendum No. 1, I/l/22). If no addendum/addenda was/were issued, please insert N/A. 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: 4/4/2022 7:51 AM p. 6 City of Miami Solicitation 1476386 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 4/4/2022 7:51 AM p. 7 City of Miami Solicitation 1476386 IMPORTANT NOTICE TO BIDDERS: • BID BOND IS NOT REQUIRED FOR THIS IFB. • FAILURE TO SUBMIT, COMPLETE, AND/OR SIGN THE FOLLOWING DOCUMENTS SHALL RENDER YOUR BID NON -RESPONSIVE. 1. THE CERTIFICATION STATEMENT; 2. CERTIFICATIONS SECTION; • ALL UPLOADS SHALL BE IN PDF FILE FORMAT, NO OTHER FILE FORMATS WILL BE ACCEPTED BY THE CITY. • ATTACHMENT FILES SHALL BE NO MORE THAN 250MB IN SIZE EACH, SHOULD THERE BE A NEED FOR A LARGER SIZE FILE TO BE UPLOADED SPLIT IN MULTIPLE FILES. • FOR BIDSYNC TECHNICAL DIFFICULTIES AND/OR ISSUES PLEASE CONTACT BIDSYNC VENDOR SUPPORT TOLL -FREE NUMBER AT 800-990-9339, OR SUPPORT.BIDSYNC.COM, OR VIA EMAIL AT SUPPORTgBIDSYNC.COM. 4/4/2022 7:51 AM p. 8 City of Miami Solicitation 1476386 Table of Contents Terms and Conditions 1. General Conditions 1.1. GENERAL TERMS AND CONDITIONS 2. Special Conditions 2.1. PURPOSE 2.2. VOLUNTARY SITE VISIT 2.3. PRE -BID CONFERENCE 2.4. DEADLINE FOR RECEIPT OF REQUEST FOR ADDITIONAL INFORMATION/CLARIFICATION 2.5. BIDDER'S MINIMUM QUALIFICATIONS 2.6. REFERENCES 2.7. INSURANCE REQUIREMENTS 2.8. TERM OF CONTRACT 2.9. METHOD OF AWARD 2.10. CONDITIONS FOR RENEWAL 2.11. NON -APPROPRIATION OF FUNDS 2.12. SUBMISSION REQUIREMENTS 2.13. CURES 2.14. TIE BIDS 2.15. EQUITABLE ADJUSTMENT 2.16. PROJECT MANAGER 2.17. LIQUIDATED DAMAGES 2.18. DAMAGES TO PUBLIC/PRIVATE PROPERTY 2.19. CITY OCCUPANCY 2.20. SAFETY MEASURES AND PRECAUTIONS 2.21. QUALITY OF WORK 2.22. FORCE MAJEURE 2.23. ADDITIONS/DELETIONS OF FACILITIES/PRODUCTS/SUPPLIERS 2.24. PRIMARY CLIENT (FIRST PRIORITY) 2.25. COMPLETED WORK 2.26. FAILURE TO PERFORM 2.27. TERMINATION 2.28. ADDITIONAL TERMS AND CONDITIONS 3. Specifications 3.1. SPECIFICATIONS/SCOPE OF WORK 4/4/2022 7:51 AM P. 9 City of Miami Solicitation 1476386 Terms and Conditions 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. Deimition: 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. I.I. ACCEPTANCE OF GOODS - Any good(s) delivered under this Formal Solicitation, if applicable, shall remain the property of the Bidder until a physical inspection and actual usage of the good is made, and thereafter is accepted as satisfactory to the City. It must comply with the terms herein and be fully in accordance with specifications and of the highest quality. In the event the goods supplied to the City are found to be defective or do not conform to specifications, the City reserves the right to cancel the order upon written notice to the Successful Bidder/Contractor and return the product to the Successful Bidder/Contractor at the Successful Bidder/Contractor's expense. 1.2. ACCEPTANCE OF OFFER - The signed or electronic submission of a Bidder's response shall be considered an offer on the part of the Bidder; such offer shall be deemed accepted upon issuance by the City of a Purchase Order. 1.3. ACCEPTANCE/REJECTION - The City reserves the right to accept, reject any or all, or portion of responses after opening/closing date, and request re -issuance on the goods/services described in the Formal Solicitation. In the event of a rejection, the Director of Procurement shall notify all affected Bidders and provide a written explanation for such rejection. The City also reserves the right to reject the Response of any Bidder which has previously failed to properly perform under the Terms and Conditions of a City Contract, to deliver on time contracts of a similar nature, and which is not capable to perform the requirements defined in this Formal Solicitation. The foregoing is not an all-inclusive list of reasons for which a response may be rejected. The City further reserves the right to waive any irregularities, minor informalities, or technicalities in any or all responses and may, at its sole discretion, re -issue the Formal Solicitation. 1.4. ADDENDA - It is the Bidder's responsibility to ensure receipt of all Addenda. Responses to questions/inquiries from prospective Bidders will be provided in the form of an Addendum. Addenda are available at the 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. 1.7. 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. 4/4/2022 7:51 AM P. 10 City of Miami Solicitation 1476386 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 or may re -solicit for the goods/services. The City, at its sole discretion, may seek monetary restitution from Bidder and/or its bid bond or guaranty, and/or similar security, if applicable, as a result of damages or increased costs sustained as a result of the Bidder's failure to satisfy the City's requirements. D. The term of the Contract shall be specified in one of three documents which shall be issued to the Successful Bidder. These documents may either be, a Purchase Order, Notice of Award, and/or Contract Award Sheet. E. The City reserves the right to automatically extend this Contract for up to one hundred twenty (120) calendar days beyond the stated Contract term, in order to provide City departments with continual service and supplies while a new Contract is being solicited, evaluated, and/or awarded. If the right to extend is exercised, the City shall notify the Successful Bidder/Contractor, in writing, of its intent to extend the Contract in accordance with the existing terms and conditions for a specified number of days. Additional extensions beyond the first one hundred twenty (120) day extension may occur, if, the City and the Successful Bidder/Contractor are in mutual agreement of such extensions. F. Where the Contract involves a single shipment of goods to the City, the Contract term shall conclude upon completion of the expressed or implied warranty periods. 4/4/2022 7:51 AM P. 11 City of Miami Solicitation 1476386 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 aspecification are descriptive, not restrictive or exclusive. The Bidder shall provide any equipment that meets or exceeds the applicable specifications, including without limitation the following: Equal in every important attribute, to include industry quality measurable standard, quality of product, accessibility of distribution, durability/reliability/dependability and warranty coverage, and the delivery schedule. When bidding an "APPROVED EQUAL", Bidders shall submit, with their response, complete sets of necessary data (e.g., factory information sheets, specifications, brochures, etc.) in order for the City to evaluate and determine the equality of the item(s) bid. The Bidder shall demonstrate comparability, including appropriate catalog materials, literature, specifications, test data, etc. The City shall be the sole judge of equality and its decision shall be final. The City shall determine in its sole discretion, subject to the concurrence of the Project Manager whether goods are acceptable as an equivalent. Unless otherwise specified, evidence in the form of samples may be requested, if the proposed brand is other than specified by the City. Such samples are to be furnished after Formal Solicitation opening/closing, upon request of the City. If samples are requested by the City, such samples must be received by the City no later than seven (7) calendar days after a formal request is made. When "NO SUBSTITUTION" is used in conjunction with a manufacturer's name, brand name, and/or model number, that named item is the only item that will be accepted by the City in that particular instance. 1.15. CANCELLATION -The City reserves the right to cancel this Formal Solicitation, before its opening/closing. In the event of cancellation, the Director of Procurement shall notify all prospective Bidders and provide a written 4/4/2022 7:51 AM p. 12 City of Miami Solicitation 1476386 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. 1.1& 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 Department of Procurement 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. R Occupational, Safety and Health Act (OSHA), as applicable to this Formal Solicitation. C. The State of Florida Statutes, Section 287.133(3)(A) on Public Entity Crimes. D. Environment Protection Agency (EPA), as applicable to this Formal Solicitation. E. Uniform Commercial Code (Florida Statutes, Chapter 672). F. Americans with Disabilities Act of 1990, as amended. C. National Institute of Occupational Safety Hazards (NIOSH), as applicable to this Formal Solicitation. IL 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. 4/4/2022 7:51 AM p. 13 City of Miami Solicitation 1476386 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. 1.21. CONFIDENTIALITY - As a political subdivision, the City of Miami is subject to the Florida Goveminent 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. 4/4/2022 7:51 AM p. 14 City of Miami Solicitation 1476386 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. 113. 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 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. 4/4/2022 7:51 AM P. 15 City of Miami Solicitation 1476386 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 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. 4/4/2022 7:51 AM p. 16 City of Miami Solicitation 1476386 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. 1.2& 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 representative of a manufacturer or supplier which is the actual source of supply, if required by the Formal Solicitation. 119. 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 Department of Procurement. Should it be found necessary, a written Addendum will be incorporated in the Formal Solicitation and will become part of the Purchase Order (Contract documents). The City will not be responsible for any oral instructions, clarifications, or other communications. A. Order of Precedence. Any inconsistency in this Formal Solicitation shall be resolved by giving precedence to the following documents, the first of such list being the governing documents. 1) Addenda (if applicable) 2) Specifications 3) Special Conditions 4) General Terms and Conditions 1.31. EMERGENCY/DISASTER PERFORMANCE -In the event of a natural disaster or other emergency, or disaster situation, the Successful Bidder/Contractor shall provide the City with the commodities/services defined 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. 4/4/2022 7:51 AM p. 17 City of Miami Solicitation 1476386 1.32. ENTIRE BID CONTRACT -The Bid Contract consists of any amendments to the Bid Contract, the Formal Solicitation, including any addenda, Bidder's Response and any written agreement entered into by the City of Miami and Successful Bidder/Contractor, and represents the entire understanding and agreement between the parties with respect to the subject matter hereof and supersedes all other negotiations, understanding, and representations, if any, made by and between the parties. To the extent that the Bid Contract conflicts with, modifies, alters or changes any of the terms and conditions contained in the Formal Solicitation and/or Bid, the Formal Solicitation, including any addenda, and then the Bid shall control. This Contract may be amended only by a written agreement signed by the City and Successful Bidder/Contractor. 1.33. ESTIMATED QUANTITIES — Estimated quantities or dollars are provided for the Bidder's guidance only: (a) estimates are based on the City's anticipated needs and/or usage during a previous contract period and; (b) the City may use these estimates to determine the low Bidder. Estimated quantities do not contemplate or include possible additional quantities that may be ordered by other government, quasi -government or non-profit entities utilizing this Contract. No guarantee is expressed or implied as to quantities that will be purchased during the Contract period. The City is not obligated to place an order for any given amount subsequent to the award of the Contract. Said estimates may be used by the City for purposes of determining the low Bidder meeting specifications. The City reserves the right to acquire additional quantities at the prices bid or at lower prices in this Formal Solicitation. 1.34. EVALUATION OF RESPONSES — A. Rejection of Bids. The City may reject a Bid for any of the following reasons: 1) Bidder fails to acknowledge receipt of addenda; 2) Bidder misstates or conceals any material fact in the Bid; 3) Bid does not conform to the requirements of the Formal Solicitation; 4) Bid requires a conditional award that conflicts with the method of award; 5)Bid does not include required samples, certificates, licenses; and, 6) Bid was not executed by the Bidder's authorized agent. The foregoing is not an all-inclusive list of reasons for which a Bid may be rejected. The City may reject, and/or re - advertise for all or any portion of the Formal Solicitation, whenever it is deemed in the best interest of the City. B. Elimination from Consideration. 1) A Bid Contract shall not be awarded to any person or firm which is in arrears to the City upon any debt or contract, or which is a defaulter as surety or otherwise upon any obligation to the City. 2) A Bid Contract may not be awarded to any person or firm which has failed to perform under the terms and conditions of any previous contract with the City or failed to deliver on time, under contracts of a similar nature. 3) A Bid contract may not be awarded to any person or firm who has been debarred by the City, in accordance with the City's Debarment and Suspension Ordinance (Section 18-107), or is currently debarred by the State of Florida or any political subdivision, or is on the convicted vendor's list per Section 287.133, Florida Statutes. 1.35. EXCEPTIONS TO GENERAL TERMS AND/OR SPECIAL CONDITIONS OR SPECIFICATIONS - Exceptions to the specifications shall be listed in the Bid and shall reference the applicable section. Any exceptions to the General Terms and/or Special Conditions shall be cause for a Bid to be considered non -responsive. 1.36. Freight on Board (F.O.B) DESTINATION -Unless otherwise specified in the Formal Solicitation, all prices quoted/proposed by the Bidder must be F.O.B. DESTINATION, inside delivery, with all delivery costs and charges included in the bid price, unless otherwise specified in this Formal Solicitation. Failure to do so may be cause for rejection of Bid. 4/4/2022 7:51 AM p. 18 City of Miami Solicitation 1476386 1.37. FIRM PRICES - The Bidder warrants that prices, terms, and conditions quoted in its Bid will be firm throughout the duration of the Bid Contract unless otherwise specified in the Formal Solicitation. Such prices will remain firm for the period of performance, or resulting purchase orders, or Bid Contracts. 1.3& 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. R City of Miami Living Wage Ordinance. The City of Miami adopted a Living Wage Ordinance for City Service Contracts with a total contract value exceeding $100,000 annually, and that have been competitively solicited and awarded on, or after January 1, 2017 by the City. "Service Contract" means a contract to provide services to the City, excluding, however, professional services as defined by the "Consultants Competitive Negotiation Act" set forth in F.S. § 287.055, and Section 18-87 of the City Code, and/or the other exclusions provided by Section 18-557 of the City Code. Section 18-557 is attached as Attachment A. 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 orproceeding 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; 4/4/2022 7:51 AM P. 19 City of Miami Solicitation 1476386 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 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 4/4/2022 7:51 AM p. 20 City of Miami Solicitation 1476386 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. 1.44. 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 Department of Procurement, 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). 4/4/2022 7:51 AM p. 21 City of Miami Solicitation 1476386 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." 1.49. 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 4/4/2022 7:51 AM p. 22 City of Miami Solicitation 1476386 similar sources, for the purchase of the goods and/or services described herein, as may be available in accordance with the applicable provisions of the City of Miami Procurement Ordinance. It is hereby agreed and understood that the Formal Solicitation does not constitute the exclusive rights of the Successful Bidder(s)/Contractor(s) to receive all orders that may be generated by the City, in conjunction with the Formal Solicitation. In addition, any and all goods, and/or services required by the City in conjunction with construction projects are solicited under a distinctly different solicitation process and shall not be purchased under the terms, conditions and awards rendered under the Formal Solicitation, unless such purchases are determined to be in the best interest of the City. 1.56. NOTICE REGARDING "CURES" - Bids submitted with irregularities, deficiencies, and/or technicalities that deviate from the minimum qualifications and submission requirements of Request for Qualifications (RFQ), Request for Proposals (RFP), invitation to bid (ITB), invitation for bids (IFB), invitation to quote (TTQ), Requests for Letters of Interest (RFLI) and Request for Sponsorships (RFS) shall result in a non -responsive determination. any solicitation issued after May 6, 2019, shall comply with APM 2-19. APM 2-19 is attached hereto. only minor irregularities, deficiencies, and technicalities may be allowed to be timely cured by the proposer at the sole discretion of the city. material irregularities, deficiencies, and technicalities cannot be cured by the proposer, and are not waivable by the city. BIDS SUBMITTED WITH IRREGULARITIES, DEFICIENCIES, AND/OR TECHNICALITIES THAT DEVIATE FROM THE MINIMUM QUALIFICATIONS AND SUBMISSION REQUIREMENTS OF THIS IFB SHALL RESULT IN A NON -RESPONSIVE DETERMINATION. The City will not give consideration to the curing of any Bids that fail to meet the minimum qualifications and submission requirements of this IFB. Proposer understands that non -responsive Bids will not be evaluated. 1.57. OCCUPATIONAL LICENSE/BUSINESS TAX RECEIPT - Any person, firm, corporation, or joint venture, with a business location within the City's municipal boundaries and is submitting a Bid under the Formal Solicitation shall meet the City's Business Tax Receipt requirements in accordance with Chapter 31.1, Article I of the City of Miami Charter. Others with a location outside of the City's municipal boundaries shall meet their local Occupational License/Business Tax Receipt requirements. A copy of the Occupational License/Business Tax Receipt must be submitted with the Bid; however, the City may, in its sole discretion, and in its best interest, allow the Bidder to provide the Occupational License/Business Tax Receipt to the City during the evaluation period, but prior to award. A Certificate of Use ("CU") will be required if applicable under City regulations. 1.58.ONE PROPOSAL - Only one (1) Bid from an individual, firm, partnership, corporation, or joint venture will be considered in response to the Formal Solicitation, unless otherwise stipulated in the Formal Solicitation. 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. 4/4/2022 7:51 AM p. 23 City of Miami Solicitation 1476386 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. 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 4/4/2022 7:51 AM p. 24 City of Miami Solicitation 1476386 the contract, but the invoice does not reflect the existence of a cash discount, the City is entitled to a cash discount with the period commencing on the date it is determined by the City that a cash discount applies. Price discounts off the original prices quoted on the Price Sheet will be accepted from Successful Bidder(s) during the term of the contract. The City will comply with the Florida Prompt Payment Act, as applicable. 1.67. PROPERTY - Property owned by the City is the responsibility of the City. Such property furnished to a Successful Bidder/Contractor for repair, modification, study, etc., shall remain the property of the City. Damages to such property occurring while in the possession of the Successful Bidder/Contractor shall be the responsibility of the Successful Bidder/Contractor. Damages occurring to such property while in route to the City, shall be the responsibility of the Successful Bidder/Contractor. In the event that such property is destroyed, or declared a total loss, the Successful Bidder/Contractor shall be responsible for the replacement value of the property, at the current market value, less depreciation of the property, if any. 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 ox confidential and exempt from disclosure requirements. 4/4/2022 7:51 AM p. 25 City of Miami Solicitation 1476386 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) 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 4/4/2022 7:51 AM p. 26 City of Miami Solicitation 1476386 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 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. 4/4/2022 7:51 AM p. 27 City of Miami Solicitation 1476386 (1) Hearing officer. The hearing officer maybe 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 staring the time, date, and place of the hearing. The notice of hearing shall be sent by certified mail, return receipt requested, to the mailing address of the protester. b. The party, any intervenor, and the city shall each have the right to be represented by counsel, to call and examine witnesses, to introduce evidence, to examine opposing or rebuttal witnesses on any relevant matter related to the protest even though the matter was not covered in the direct examination, and to impeach any witness regardless of which party first called him/her to testify. The hearing officer may extend the deadline for completion of the protest hearing for good cause shown, but such an extension shall not exceed an additional five business days. The hearing officer shall consider the written protest and supporting documents and evidence appended thereto, supporting documents or evidence from any intervenor, and the decision or recommendation as to the solicitation or award being protested, as applicable. The protesting party, and any intervenor, must file all pertinent documents supporting his/her protest or motion to intervene at least five business days before the hearing, as applicable. The hearing officer shall allow a maximum of two hours for the protest presentation and a maximum of two hours for the city response. When there is an intervenor, a maximum of two hours will be added for the intervenor. In the event of multiple protests for the same project, the hearing officer shall allocate time as necessary to ensure that the hearing shall not exceed a total of one day. c. The hearing officer shall consider the evidence presented at the hearing. In any hearing before the hearing officer, irrelevant, immaterial, repetitious, scandalous, or frivolous evidence shall be excluded. All other evidence of a type commonly relied upon by reasonably prudent persons in the conduct of their affairs shall be admissible whether or not such evidence would be admissible in trial in the courts of Florida. The hearing officer may also require written summaries, proffers, affidavits, and other documents the hearing officer determines to be necessary to conclude the hearing and issue a final order within the time limits set forth by this section. d. The hearing officer shall determine whether procedural due process has been afforded, whether the essential requirements of law have been observed, and whether the decision was arbitrary, capricious, an abuse of discretion, 4/4/2022 7:51 AM p. 28 City of Miami Solicitation 1476386 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. 09 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. 4/4/2022 7:51 AM p. 29 City of Miami Solicitation 1476386 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 home by the Bidder(s). Accordingly, Bidder(s): 1. Must register, free of charge, with BidSync Electronic Bidding System ("BidSync") to establish an account in order to have access to view and/or respond to any solicitations issued by the City of Miami's Department of Procurement. 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: 4/4/2022 7:51 AM p. 30 City of Miami Solicitation 1476386 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 EXCEPTION," with Bidder's name, the Formal Solicitation number, and title marked on the outside. Please be aware that the designation of an item as a trade secret by Bidder may be challenged in court by any person. By Bidder's designation of material in Bidder's Response as a "trade secret" Bidder agrees to indemnify and hold harmless the City for any award to a plaintiff for damages, costs, or attorney's fees and for costs and attorney's fees, incurred by the City, by reason of any legal action challenging Bidder's claim. 1.87. UNAUTHORIZED WORK OR DELIVERY OF GOODS - Neither the Successful Bidder/Contractor nor any of their employees shall perform any work, or deliver any goods, unless a change order or purchase order is issued and received by the Successful Bidder/Contractor. The Successful Bidder/Contractor will not be paid for any work performed, or goods delivered outside the scope of the Bid Contract, or any work performed by Successful Bidder's/Contractor's employee(s) not otherwise previously authorized. 1.88. USE OF NAME - The City is not engaged in research for advertising, sales promotion, or other publicity purposes. No advertising, sales promotion, or other publicity materials containing information obtained from the Formal Solicitation shall be mentioned, or imply the name of the City, without prior express written permission from the City Manager, or the City Commission. 1.89. VARIATIONS OF SPECIFICATIONS - For purposes of the Formal Solicitation evaluation, Bidder(s) must indicate any variances from the Formal Solicitation scope of work/specifications and/or conditions, no matter how slight. If variations, are not stated on their Bid, it will be assumed that the product fully complies with the Formal Solicitation's scope of work/specifications. 4/4/2022 7:51 AM p. 31 City of Miami Solicitation 1476386 Special Conditions 2.1. PURPOSE The purpose of this Solicitation is to establish a contract, for the provision of monthly maintenance service to the Solid Waste Truck Wash, as specified herein, from a source(s), fully compliant with the terms, conditions, and stipulations of the Solicitation. 2.2. VOLUNTARY SITE VISIT Prior to submitting the Bid, the Bidder is encouraged to visit the site of the proposed work and to become familiar with any conditions, which may in any manner, affect the work to be done or affect the equipment, materials and labor required. The Bidder should examine carefully the specifications and be thoroughly informed regarding any and all conditions and requirements that may in any manner affect the work to be performed under the contract. No additional allowances will be made because of lack of knowledge of these conditions. For a site visitation appointment, contact Cindy Baez, Project Manager at Cbaez&miami og v.com. At the site visit, Project Manager cannot answer any questions. The Bidder shall submit all questions electronically via Bidsync Portal before the deadline for receipt of request for additional information/clarification as stated in Section 2.4. of the Special Conditions of this Solicitation. 2.3. PRE -BID CONFERENCE A Virtual Voluntary pre -bid conference will be held on Wednesday, March 2, 2022 @ 10:00 a.m., via Microsoft Teams Click here to join the meeting or via phone +1 786-598-2961, United States, Miami (Toll), Conference ID: 807343680# A discussion of the requirements of the Solicitation will occur at that time. Each potential Bidder is required, prior to submitting a Proposal, to acquaint itself thoroughly with any and all conditions and/or requirements that may in any manner affect the work to be performed. All questions and answers affecting the scope of work/specifications of the IFB will be included in an addendum, that will be distributed through BidSync, following the Pre -Proposal 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. 2.4. 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, March 7, 2022 @ 3:00 p.m. All responses to questions will be sent to all prospective bidders/proposers in the form of an addendum. NO QUESTIONS WILL BE RECEIVED VERBALLY OR AFTER SAID DEADLINE. 2.5. BIDDER'S MINIMUM QUALIFICATIONS Bids will be considered only from firms that are regularly engaged in the business of providing goods and/or services as described in this Bid; that at the time of bid submittal have a record of performance for a minimum period of the last three (3) consecutive years with same FEI number; and that have sufficient financial support, equipment and organization to insure that they can satisfactorily provide the goods and/or services if awarded a Contract under the terms and conditions herein stated. Bidder shall: (1) Not have any member, officer, or stockholder that is in arrears or is in default of any debt or contract involving the City, is a defaulter surety otherwise, upon any obligation to the City, and/or has failed to perform faithfully on any previous contract with the City; (2) Have no record of pending lawsuits or criminal activities, and have never been declared bankrupt; and (3) Submit completed and signed Certification Statement and Certifications Section. 4/4/2022 7:51 AM p. 32 City of Miami Solicitation 1476386 2.6. REFERENCES Each bid must be accompanied by at least three (3) references, which shall include the name of the company, dates of contract, description of goods/services supplied, a contact person, telephone number, and e-mail address. Failure to provide three (3) references at time of bid submittal, may deem the Bidder non -responsive. 2.7. INSURANCE REQUIREMENTS INDEMNIFICATION Successful Bidder(s) shall indemnify, hold and save harmless, and defend (at its own cost and expense), the City, its officers, agents, directors, and/or employees, from all liabilities, damages, losses, judgements, and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness, negligent act or omission, or intentional wrongful misconduct of Successful Bidder(s) and persons employed or utilized by Successful Bidder(s) in the performance of this Contract. Successful Bidder(s) shall further, hold the City, its officials and employees, indemnify, save and hold harmless for, and defend (at its own cost), the City its officials and/or employees against any civil actions, statutory or similar claims, injuries or damages arising or resulting from the permitted Work, even if it is alleged that the City, its officials, and/or employees were negligent. In the event that any action or proceeding is brought against the City by reason of any such claim or demand, the Successful Bidder(s) shall, upon written notice from the City, resist and defend such action or proceeding by counsel satisfactory to the City. The Successful Bidder(s) expressly understands and agrees that any insurance protection required by this Contract or otherwise provided by the Successful Bidder(s) shall in no way limit the responsibility to indemnify, keep and save harmless and defend the City or its officers, employees, agents and instrumentalities as herein provided. The indemnification provided above shall obligate the Successful Bidder(s) to defend, at its own expense, to and through trial, administrative, appellate, supplemental or bankruptcy proceeding, or to provide for such defense, at the City's option, any and all claims of liability and all suits and actions of every name and description which may be brought against the City, whether performed by the Successful Bidder(s), or persons employed or utilized by Successful Bidder(s). These duties will survive the cancellation or expiration of the Contract. This Section will be interpreted under the laws of the State of Florida, including without limitation and interpretation, which conforms to the limitations of Sections 725.06 and/or 725.08, Florida Statutes, as applicable and as amended. Successful Bidder(s) shall require all sub -contractor agreements to include a provision that each sub -contractor will indemnify the City in substantially the same language as this Section. The Successful Bidder(s) agrees and recognizes that the City shall not be held liable or responsible for any claims which may result from any actions or omissions of the Successful Bidder(s) in which the City participated either through review or concurrence of the Successful Bidder's actions. In reviewing, approving or rejecting any submissions by the Successful Bidder(s) or other acts of the Successful Bidder(s), the City, in no way, assumes or shares any responsibility or liability of the Successful Bidder(s) or sub -contractor under this Contract. Ten dollars ($10) of the payments made by the City constitute separate, distinct, and independent consideration for the granting of this Indemnification, the receipt and sufficiency of which is voluntarily and knowingly acknowledged by the Successful Bidder(s). The Successful Bidder(s) hereby accepts and assumes full responsibility for all risk of loss, theft, damage or destruction to the Successful Bidder's business personal property or inventory in connection with this solicitation. It is hereby agreed and understood, that the City shall not be responsible or liable for any theft, destruction, damage, or losses of any kind and nature whatsoever. The Successful Bidder(s) further agrees that the City shall not be required to compensate the Successful Bidder(s) for any such losses and assumes all liability in connection therein. 4/4/2022 7:51 AM p. 33 City of Miami Solicitation 1476386 The Successful Bidder(s) shall furnish to City of Miami, c/o Department of Procurement, 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: Please see Attachment titled Insurance Addendum for insurance definitions, requirements, and conditions, in the Document Section of this solicitation. (1) Commercial General Liability (Primary & Non -Contributory): A. Limits of Liability Bodily Injury and Property Damage Liability Each Occurrence: $1,000,000 General Aggregate Limit: $2,000,000 Products/Complete Operations: $1,000,000 Personal and Advertising Injury: $1,000,000 B. Endorsements Required: City of Miami included as an Additional insured. Contingent and Contractual Liability Premises and Operations Liability Employees as Insured's Primary Insurance Clause Endorsement (2) Business Automobile Liability A. Limits of Liability Bodily Injury and Property Damage Liability Combined Single Limit Any Auto Including Owned, Hired, Borrowed or Non -Owned Autos Any One Accident: $1,000,000 B. Endorsements Required: City of Miami listed as an additional insured (3) Worker's Compensation Limits of Liability Statutory - State of Florida Waiver of Subrogation (4) Employer's Liability A. Limits of Liability $1,000,000 for bodily injury caused by an accident, each accident $1,000,000 for bodily injury caused by disease, each employee $1,000,000 for bodily injury caused by disease, policy limit 4/4/2022 7:51 AM p. 34 City of Miami Solicitation 1476386 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. BINDERS ARE UNACCEPTABLE. The insurance coverage required shall include those classifications, as listed in standard liability insurance manuals, which most nearly reflect the operations of the Bidder. All insurance policies required above shall be issued by companies authorized to do business under the laws of the State of Florida, with the following qualifications: The Company must be rated no less than "A" as to management, and no less than "Class V" as to financial strength, by the latest edition of Best's Insurance Guide, published by A.M. Best Company, Oldwick, New Jersey, or its equivalent. All policies and/or certificates of insurance are subject to review and verification by Risk Management prior to insurance approval. (See Insurance Addendum in Documents Section). NOTE: CITY BID NUMBER AND/OR TITLE OF BID MUST APPEAR ON EACH CERTIFICATE. Compliance with the foregoing requirements shall not relieve the Bidder of his liability and obligation under this section or under any other section of this Agreement. --If insurance certificates are scheduled to expire during the contractual period, the Bidder shall be responsible for submitting new or renewed insurance certificates to the City at a minimum of ten (10) calendar days in advance of such expiration. --In the event that expired certificates are not replaced with new or renewed certificates which cover the contractual period, the City shall: (1) Suspend the contract until such time as the new or renewed certificates are received by the City in the manner prescribed in the Invitation to Bid. (2) The City may, at its sole discretion, terminate this contract for cause and seek re -procurement damages from the Bidder in conjunction with the General and Special Terms and Conditions of the Bid. The Bidder shall be responsible for assuring that the insurance certificates required in conjunction with this Section remain in force for the duration of the contractual period; including any and all option terms that may be granted to the Bidder. 2.8. TERM OF CONTRACT The Contract shall commence upon the date of notice of award and shall be effective for three (3) years with the option to renew for one (1) additional two (2) year period, 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. 2.9. METHOD OF AWARD Award of this contract will be made to the lowest responsive and responsible Bidder who meets Specifications. 2.10. CONDITIONS FOR RENEWAL Each renewal of this contract is subject to the following: (1) Continued satisfactory performance compliance with the specifications, terms and conditions established herein. (2) Availability of funds 4/4/2022 7:51 AM p. 35 City of Miami Solicitation 1476386 2.11. 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) or his assignee of such occurrence, shall have the unqualified right to terminate the contract without any penalty or expense to the City. No guarantee, warranty or representation is made that any project(s) will be awarded to any firm(s). 2.12. SUBMISSION REQUIREMENTS Please refer to Section 1.80, Notice Regarding "Submission and Receipts of Bids" of the General Terms and Conditions of this Solicitation. 2.13. 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 or more Bids which are equal with respect to price, quality and service are received by the City for the procurement of commodities or contractual services, a Bid received from a business that certifies that it has implemented a drug -free workplace program shall be given preference in the award process. Established procedures for processing tie Bids will be followed if none of the tied vendors have a drug -free workplace program. In order to have a drug -free workplace program, a business shall: (1) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the action that will be taken against employees for violations of such prohibition. (2) Inform employees about the dangers of drug abuse in the workplace, the business' policy of maintaining a drug - free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. (3) Give each employee engaged in providing the commodities or contractual services that are under Bid a copy of the statement specified in subsection (1). (4) In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under Bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. (5) Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program, if such is available in the employee's community, by any employee who is so convicted. (6) Make a good faith effort to continue to maintain a drug -free workplace through implementation of this section. 2.15. EQUITABLE ADJUSTMENT The Department of Procurement may, in its sole discretion, make an equitable adjustment in the 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(s) that continued performance of the contract would result in a substantial loss. Successful Bidder(s) may have to supply documentation to justify any requested percentage increase in cost to the City of Miami. 4/4/2022 7:51 AM p. 36 City of Miami Solicitation 1476386 2.16. PROJECT MANAGER Upon award, Successful Bidder(s) shall report and work directly with Cindy Baez, Assistant to the Solid Waste Director or designee, who shall be designated as the Project Manager(s) for the City. 2.17. LIQUIDATED DAMAGES Upon failure to complete the service in accordance with the specifications and to the satisfaction of the City within the time stated, the Successful Bidder(s) shall be subject to charges for liquidated damages in the amount of $100.00 for every calendar day that the container is not picked up after a confirmation date is confirmed in writing, $100.00 for every hour that the container is not replaced after the stated two (2) hour limit, and $100.00 for every time the container is not brought back free of debris and empty. The City shall have the right to deduct the said liquidated damages from any amount due or that may become due to the Successful Bidder(s) under this agreement or to invoice the Bidder for such damages if the costs incurred exceed the amount due to the Successful Bidder(s). 2.18. DAMAGES TO PUBLIC/PRIVATE PROPERTY The Successful Bidder(s) shall carry out the work with such care and methods as not to result in damage to public or private property adjacent to the work. Should any public or private property be damaged or destroyed, the Successful Bidder(s) shall assume the expense and repair or make restoration as is practical and acceptable to the City and/or owners of destroyed or damaged property promptly within a reasonable length of time (not to exceed one month from date damage occurred). 2.19. CITY OCCUPANCY The City may occupy all or any portions of the facility during the entire period of work. The Successful Bidder(s) shall cooperate fully with the Project Manager or designee during the work to minimize conflicts and to facilitate City operations and the operations of any other contractors. 2.20. SAFETY MEASURES AND PRECAUTIONS The Successful Bidder(s) 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 Successful Bidder's operation and work in progress must be posted. All employees of Successful Bidder(s) shall be expected to wear safety glasses or goggles, appropriate clothing, and hearing protection when and wherever applicable. The Successful Bidder(s) shall use only equipment that is fully operational and in safe operating order. Successful Bidder(s) 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. The Successful Bidder(s) must adhere to the applicable environmental protection guidelines for the entire duration of the work. If hazardous waste materials are used, detected or generated at any time, the Project Manager must be immediately notified of each and every occurrence. Successful Bidder(s) shall comply with all codes, ordinances, rules, orders and other legal requirements of public authorities (including OSHA, EPA, DERM, Miami -Dade County PDR South Florida Building Code) which bear on the performance of the work. If an emergency condition should develop during work, the Successful Bidder(s) must immediately notify the Project Manager of each and every occurrence. The Successful Bidder(s) should also recommend any appropriate courses of action to the Project Manager. 2.21. QUALITY OF WORK All work shall be performed using superior maintenance standards and techniques. The frequencies established for repetitive maintenance tasks are minimum frequencies, which must be increased if deemed necessary and requested by the City. 4/4/2022 7:51 AM p. 37 City of Miami Solicitation 1476386 2.22. FORCE MAJEURE A "Force Majeure Event" shall mean an act of God, act of governmental body or military authority, fire, explosion, power failure, flood, storm, hurricane, sink hole, other natural disasters, epidemic, riot or civil disturbance, war or terrorism, sabotage, insurrection, blockade, or embargo. In the event that either party is delayed in the performance of any act or obligation pursuant to or required by the Agreement by reason of a Force Majeure Event, the time for required completion of such act or obligation shall be extended by the number of days equal to the total number of days, if any, that such party is actually delayed by such Force Majeure Event. The party seeking delay in performance shall give notice to the other party specifying the anticipated duration of the delay, and if such delay shall extend beyond the duration specified in such notice, additional notice shall be repeated no less than monthly so long as such delay due to a Force Majeure Event continues. Any party seeking delay in performance due to a Force Majeure Event shall use its best efforts to rectify any condition causing such delay and shall cooperate with the other party to overcome any delay that has resulted. 2.23. ADDITIONS/DELETIONS OF SUPPLIERS/FACILITIES/ITEMS/SERVICES Although this Solicitation identifies Suppliers/Facilities/Items/Services to be addressed, it is hereby agreed and understood that any Suppliers/Facilities/Items/Services may be added/deleted to/from this Contract at the sole discretion 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 items/services. If these quotes are comparable with market prices offered for similar items/services, 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. 2.24. 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. 2.25. COMPLETED WORK The City shall be notified by the Successful Bidder(s) upon completion of work. The City shall inspect and approve completed work before authorizing payment. Work not satisfactorily completed shall be redone by the Successful Bidder(s) at no additional charge to the City. 2.26. FAILURE TO PERFORM Should it not be possible to reach the Successful Bidder(s) or supervisor and/or should remedial action not be taken within 24 hours of any failure to perform according to Bid Specifications, Section 3, the City reserves the right to declare Successful Bidder(s) in default of the contract or make appropriate reductions in the contract payment. 2.27. TERMINATION A. FOR DEFAULT If Successful Bidder(s) defaults in its performance under this Contract and does not cure the default within 30 days after written notice of default, the City Manager may terminate this Contract, in whole or in part, upon written notice without penalty to the City of Miami. In such event the Successful Bidder(s) shall be liable for damages including the excess cost of procuring similar supplies or services: provided that if, (1) it is determined for any reason that the Successful Bidder(s) was not in default or (2) the Successful Bidder's failure to perform is without Successful Bidder(s) or its subcontractor's control, fault or negligence, the termination will be deemed to be a termination for convenience of the City of Miami. 4/4/2022 7:51 AM p. 38 City of Miami Solicitation 1476386 B. FOR CONVENIENCE The City Manager may terminate this Contract, in whole or in part, upon 30 days prior written notice when it is in the best interest of the City of Miami. If this Contract is for supplies, products, equipment, or software, and so terminated for convenience by the City of Miami the Successful Bidder(s) will be compensated in accordance with an agreed upon adjustment of cost. To the extent that this Contract is for services and so terminated, the City of Miami shall be liable only for payment in accordance with the payment provisions of the Contract for those services rendered prior to termination. 2.28. ADDITIONAL TERMS AND CONDITIONS No additional terms and conditions included as part of your solicitation response shall be evaluated or considered, and any and all such additional terms and conditions shall have no force or effect and are inapplicable to this solicitation. If submitted either purposely, through intent or design, or inadvertently, appearing separately in transmittal letters, specifications, literature, price lists or warranties, it is understood and agreed that the General Conditions and Special Conditions in this solicitation are the only conditions applicable to this solicitation and that the Bidder's 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. 4/4/2022 7:51 AM p. 39 City of Miami Solicitation 1476386 3. Specifications 3.1. SPECIFICATIONS/SCOPE OF WORK The City of Miami ("City") is seeking a responsive and responsible Bidder(s) to provide all labor, parts, materials, tools, and equipment, necessary to provide monthly maintenance services to the Solid Waste Truck Wash Facility located at 1290 NW 20t' Street, Miami, FL 33142. 1) GENERAL REQUIREMENTS: The work to be performed by the Successful Bidder(s) under this IFB shall consist of (but not limited to): A. Coordinating, in advance, with the Project Manager, Cindy Baez, Assistant to the Solid Waste Director or designee, the scheduling of the monthly maintenance; B. Using a vacuum pump truck to remove all grease, debris, and other liquid waste from inside the Truck Wash Facility pit; C. Using pressure jet to clean walls and floor; and D. Cleaning the area from all debris; Notes: Additional work outside the scope of work shall be reported to the Project Manager or designee prior to commencement. No work shall be completed without the written approval of the Project Manager or Designee. Pursuant to Section 2.23. Additions/Deletions of Suppliers/Facilities/Items/Services of the Special Conditions of this Solicitation. 4/4/2022 7:51 AM p. 40 City of Miami Solicitation 1476386 Tlitla of 'ffiittmi ANNIE PEREZ, CPPO Director of Procurement ADDENDUM NO. 1 IFB No. 1476386 ARTHUR NORIEGA V. City Manager March 8, 2022 Invitation For Bid ("IFB") for Solid Waste Truck Wash TO: ALL PROSPECTIVE BIDDERS: The following changes, additions, clarifications, and deletions amend the IFB documents of the above captioned IFB and shall become an integral part of the Contract Documents. Deletions of contract language will be specified herein. Bold words and/or figures shall be added. The remaining provisions are now in effect and remain unchanged. Please note the contents herein and reflect same on the documents you have on hand. A. Section 2.17. Liquidated Damages has been deleted in its entirety and is hereby replaced with the following: Section 2.17. Liquidated Damages Failure to complete the service in accordance with the specifications and to the satisfaction of the City within the time stated, the Successful Bidder(s) shall be subject to charges for liquidated damages in the amount of $100.00 for each and every calendar day the work remains incomplete (not to exceed the total amount of the contract), as compensation due to the City for loss of use and for additional costs incurred by the City due to such noncompletion of the work. The City shall have the right to deduct said liquidated damages from any amount due or that may become due to the Successful Bidder(s) under this agreement or to invoice the Successful Bidder(s) for such damages if the costs incurred exceed the amount due to the Successful Bidder(s). B. The following are inquire(s) received from Prospective Bidder(s) and the City's corresponding response(s): Q1. Please provide the current contract for the Solid Waste Truck Wash. Al. Refer to Exhibit A- IFQ 1228390 - Monthly Maintenance to the Solid Waste Truck Wash and Contract Award. 4/4/2022 7:51 AM p. 41 City of Miami Solicitation 1476386 ALL OTHER TERMS AND CONDITIONS OF THE IFB REMAIN THE SAME. THIS ADDENDUM IS AN ESSENTIAL PORTION OF THE IFB AND SHALL BE MADE A PART THEREOF. AP:cl ff,> Annie Perez, CPPO, Director/Chief Procurement Officer City of Miami Procurement Department cc. Fernando Casamayor, Assistant City Manager, Chief Financial Officer Natasha Colebrook -Williams, Assistant City Manager, Chief of Operations Wade Sanders, Director of Solid Waste Department Yadissa A. Calderon, CPPB, Assistant Director 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: 4/4/2022 7:51 AM p. 42 City of Miami Solicitation 1476386 CITY OF MIAMI LOCAL OFFICE CERTIFICATION (City Code, Chapter 18, Article III, Section 18-73) Solicitation Type and Number: Solicitation Title: (i.e. IFQ/IFB/RFP/RFQ/RFLI No. 123456) (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. 4/4/2022 7:51 AM p. 43 City of Miami Solicitation 1476386 PLEASE PROVIDE THE FOLLOWING INFORMATION: Bidder/Proposer Local Office Address: 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 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 4/4/2022 7:51 AM p. 44 City of Miami Solicitation 1476386 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 4/4/2022 7:51 AM p. 45 City of Miami Solicitation 1476386 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. 4/4/2022 7:51 AM p. 46 City of Miami Solicitation 1476386 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. 4/4/2022 7:51 AM p. 47 City of Miami Solicitation 1476386 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. 4/4/2022 7:51 AM p. 48 City of Miami Solicitation 1476386 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. 4/4/2022 7:51 AM p. 49 POLICY NUMBER: APM- 2-19 DATE: March 26. 2019 ISSUED BY: Emilio T. Gonzalez, A.D. Ci na er/Desi e SIGNATURE CITY Ott MAMI Or L • !lam �i w. # IYCORI ORAT(D _ 10 90 IL Co..1:X0`� ADMINISTRATIVE POLICY REVISIONS Solicitation 1476386 REVISED DATE OF SECTION REVISION Created 3/26/19 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 692019 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. 4/4/2022 7:51 AM P. 50 City of Miami Solicitation 1476386 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 (Fla. 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. 4/4/2022 7:51 AM P. 51 City of Miami Solicitation 1476386 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 IrrelZularity: 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. 4/4/2022 7:51 AM p. 52 E)lq�i#iti A Solicitation 1476386 (11i'tij of C__fflTZTMT CONTRACT A W A R D Procurement Department IFQ NO: 1228390 DESCRIPTION: MONTHLY MAINTENANCE TO THE SOLID WASTE TRUCK WASH TERM OF CONTRACT: ONE (1) YEAR WITH THE OPTION TO EXTENDED FOR TWO (2) ADDITIONAL ONE (1) YEAR PERIOD; OR UP TO $25,000 CONTRACT PERIOD: JUNE 17, 2020 THROUGH JUNE 16, 2021 COMMODITY CODE: 96873-00 SECTION #1 — VENDOR AWARD Ameri-Clean Pumping, Inc. PO Box 560951 Miami, FL 33256 Contact: Oscar Vinces Phone: (305) 270-3233 Email: americleanpumpincLCEDgmail.com SECTION #2 — AWARD/BACKGROUND INFORMATION/APPLICABLE ORDINANCES/NOTES CC AWARD DATE: N/A RESOLUTION NO: N/A TOTAL CONTRACT AMOUNT: N/A AMENDED AMOUNT: N/A INSURANCE REQUIREMENTS: YES PERFORMANCE BOND: N/A APPLICABLE ORDINANCES: N/A Notes: CONTRACT PERIOD: JUNE 17, 2020 THROUGH JUNE 16, 2021 TERM OF CONTRACT: ONE (1) YEAR WITH THE OPTION TO EXTENDED FOR TWO (2) ADDITIONAL ONE (1) YEAR PERIOD; OR UP TO $25,000 (SECTION #3 - REQUESTING DEPARTMENT CITY OF MIAMI, DEPARTMENT OF SOLID WASTE Buyer: Vanessa Giron Phone: (305) 960-2830 SECTION #4 - PROCURING AGENCY CITY OF MIAMI, DEPARTMENT OF PROCUREMENT Buyer: Cris Lima Phone: (305) 416-1904 Prepared By: Aimee Gandarilla, 6/15/20 A CONTRACT AWARD SHEET INSTRUCTIONAL GUIDE TO ASSIST YOU WITH THE INFORMATION CONTAINED HEREIN IS AVAILABLE IN THE ISUPPLIER INFORMATION SECTION OF OUR WEBPAGE AT: www.miamigov.com/procurement 4/4/2022 7:51 AM p. 53 City of Miami Solicitation 1476386 Bid Tabulation -AFTER BAFO Ameri-Clean Pumping, IFQ No. 1228390 - Monthly Maintenance to the Solid Waste Truck Wash. Inc. Total Cost = Line No. Item Description Unit Quantity Item Cost Item Cost x Quantity 1 Total Price, Inclusive of Labor, Equipment, Parts, and Materials, to Monthly 1 $1,500.00 $1,500.00 Provide Monthly Service to the Solid Waste Truck Wash Facility. Total: $1,500.00 Prepared by: Cristiane Lima Procurement Contracting Officer 6/3/2020 Approved by: Director , or desigp e 4/4/2022 7:51 AM p. 54 City of Miami Solicitation 1476386 City of Miami Invitation for Quotation (IFQ) IFQNumber: Title: Issue Date/Time: IFQClosing 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: Procurement Department Miami Riverside Center 444 SW 2nd Avenue, 6th Floor Miami, Florida 33130 Web Site Address: www.miamigov.com/procurement 1228390 Invitation for Quotation for Monthly Maintenance to the Solid Waste Truck Wash 12-MAY-2020 02-JUN-2020 @ 15:00:00 Voluntary Tuesday, May 19, 2020 @ 15:00:00 Lima, Cristiane City of Miami - Procurement 444 SW 2 Ave, 6th Floor Miami FL 33130 US CLima@miamigov.com (305)400-5009 Page 1 of 16 4/4/2022 7:51 AM P. 55 City of Miami Certification Statement Solicitation 1476386 Please quote on this form, if applicable, net prices for the item(s) listed. Return signed original and retain a copy for your files. Prices should include all costs, including transportation to destination. The City reserves the right to accept or reject all or any part of this submission. Prices should be firm for a minimum of 180 days following the time set for closing of the submissions. In the event of errors in extension of totals, the unit prices shall govern in determining the quoted prices. We (I) certify that we have read your solicitation, completed the necessary documents, and propose to furnish and deliver, F.O.B. DESTINATION, the items or services specified herein. The undersigned hereby certifies that neither the contractual party nor any of its principal owners or personnel have been convicted of any of the violations, or debarred or suspended as set in section 18-107 or Ordinance No. 12271. All exceptions to this submission have been documented in the section below (refer to paragraph and section). EXCEPTIONS: We (I) certify that any and all information contained in this submission is true; and we (I) further certify that this submission is made without prior understanding, agreement, or connection with any corporation, firm, or person submitting a submission for the same materials, supplies, equipment, or service, and is in all respects fair and without collusion or fraud. We (I) agree to abide by all terms and conditions of this solicitation and certify that I am authorized to sign this submission for the submitter. Please print the following and sign your name: PROPOSER NAME: ADDRESS: PHONE: EMAIL: SIGNED BY: TITLE: FAX: CELL(Optional): DATE: FAILURE TO COMPLETE, SIGN, AND RETURN THIS FORM SHALL DISQUALIFY THIS RESPONSE. Page 2 of 16 4/4/2022 7:51 AM p. 56 City of Miami Certifications Solicitation 1476386 Legal Name of Firm: Entity Type: Partnership, Sole Proprietorship, Corporation, etc. Year Established: Firm: Address, City, State, Zip, Contact Name, Title, Phone, Fax, Email: Federal Employer Identification (FEI/EIN) Number: Business Tax Receipt / Occupational License Number: Business Tax Receipt / Occupational License Issuing Agency: Business Tax Receipt / Occupational License Expiration Date: Reference No. 1: Name of Company/Agency for which Bidder is currently providing the services/goods as described in this solicitation, or has provided such services/goods in the past: Reference No. 1: Address, City, State, and Zip for above referenced company/agency listed: Reference No. 1: Name of Contact Person and Telephone Number for above referenced no. 1 Reference No. 1: Date of Contract or Sale for above referenced 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: Page 3of16 4/4/2022 7:51 AM p. 57 City of Miami Solicitation 1476386 Reference No. 2: Address, City, State, and Zip for above referenced company/agency listed: Reference No. 2: Name of Contact Person and Telephone Number for above referenced no. 2 Reference No. 2: Date of Contract or Sale for above referenced 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 referenced company/agency listed: Reference No. 3: Name of Contact Person and Telephone Number for above referenced no. 3 Reference No. 3: Date of Contract or Sale for above referenced no. 3 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? (The City of Miami Local Office Certification form is located in the Oracle Sourcing system ("I Supplier"), under the Header/Notes and Attachments Section of this solicitation) Page 4 of 16 4/4/2022 7:51 AM p. 58 City of Miami Line: 1 Solicitation 1476386 Description: Total Price, Inclusive of Labor, Equipment, Parts, and Materials, to Provide Monthly Service to the Solid Waste Truck Wash Facility. Pursuant to Section 3.1, Specification/Scope of Work. Category: 96873-00 Unit of Measure: Monthly Unit Price: $ Number of Units: 1 Total: $ Page 5 of 16 4/4/2022 7:51 AM P. 59 City of Miami Solicitation 1476386 Table of Contents Invitation for Quotation (IFQ) 1228390 Termsand Conditions......................................................................................................................................................7 1. General Conditions............................................................................................................................................7 1.1. GENERAL TERMS AND CONDITIONS.............................................................................................7 2. Special Conditions.............................................................................................................................................8 2.1. PURPOSE...............................................................................................................................................8 2.2. PRE-BID/PRE-PROPOSAL CONFERENCE........................................................................................8 2.3. VOLUNTARY SITE VISIT...................................................................................................................8 2.4. DEADLINE FOR RECEIPT OF REQUEST FOR ADDITIONAL INFORMATION/CLARIFICATION............................................................................................................8 2.5. BIDDERS MINIMUM QUALIFICATIONS.........................................................................................8 2.6. REFERENCES........................................................................................................................................9 2.7. SUBMISSION REQUIREMENTS.........................................................................................................9 2.8. METHOD OF AWARD.........................................................................................................................9 2.9. TERM OF CONTRACT.........................................................................................................................9 2.10. TIE BIDS..............................................................................................................................................9 2.11. PROJECT MANAGER.......................................................................................................................10 2.12. INSURANCE REQUIREMENTS......................................................................................................10 2.13. SAFETY MEASURES........................................................................................................................13 2.14. SAFETY PRECAUTIONS.................................................................................................................13 2.15. DAMAGES TO PUBLIC/PRIVATE PROPERTY............................................................................13 2.16. CITY OCCUPANCY..........................................................................................................................13 2.17. QUALITY OF WORK........................................................................................................................13 2.18. DELAYS.............................................................................................................................................14 2.19. FORCE MAJEURE.............................................................................................................................14 2.20. COMPLETED WORK........................................................................................................................14 2.21. FAILURE TO PERFORM..................................................................................................................14 2.22. ADDITIONS/DELETIONS OF PRODUCTS/ITEMS/SERVICES/SUPPLIERS .............................14 2.23. PRIMARY CLIENT (FIRST PRIORITY)..........................................................................................14 2.24. TERMINATION.................................................................................................................................15 2.25. ADDITIONAL TERMS AND CONDITIONS...................................................................................15 3. Specifications...................................................................................................................................................16 3.1. SPECIFICATIONS/SCOPE OF WORK..............................................................................................16 Page 6of16 4/4/2022 7:51 AM p. 60 City of Miami Solicitation 1476386 Invitation for Quotation (IFQ) 1228390 Terms and Conditions 1. General Conditions 1.1. GENERAL TERMS AND CONDITIONS 1.2. Please quote on the Invitation for Quotation, your best price, terms, and delivery for the items specified therein. Substitute offers will be considered if differences in specifications are explained, unless "No Substitution" is specified. 1.3. All quotations are to be F.O.B. Destination unless otherwise indicated. 1.4. If submitting a hardcopy format, this form must be completed in full, signed and returned, in order to be valid. 1.5. A copy of current City of Miami Occupational License must be submitted, in order to qualify for the City's Local Preference Ordinance. 1.6. Prices shall be firm for a minimum of 180 days after receipt of Quotation. 1.7. In the event of errors in extension of totals, the unit prices shall govern in determining the quoted prices. Page 7 of 16 4/4/2022 7:51 AM p. 61 City of Miami Solicitation 1476386 2. Special Conditions 2.1. PURPOSE Invitation for Quotation (IFQ) 1228390 The purpose of this Solicitation is to establish a contract, for the provision of monthly maintenance service to the Solid Waste Truck Wash, 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 Voluntary 2.3. VOLUNTARY SITE VISIT Prior to submitting the Bid, the Bidder is encouraged to visit the site of the proposed work and to become familiar with any conditions, which may in any manner, affect the work to be done or affect the equipment, materials and labor required. The Bidder should examine carefully the specifications and be thoroughly informed regarding any and all conditions and requirements that may in any manner affect the work to be performed under the contract. No additional allowances will be made because of lack of knowledge of these conditions. For a site visitation appointment, contact Cindy Baez, Project Manager at Cbaez@miamigov.com. At the site visit, Project Manager cannot answer any questions. The Bidder shall email all questions regarding project to Cristiane Lima at Clima@miamigov.com before the deadline for receipt of request for additional information/clarification as stated in Section 2.4. 2.4. DEADLINE FOR RECEIPT OF REQUEST FOR ADDITIONAL INFORMATION/CLARIFICATION Any questions or clarifications concerning this solicitation shall be submitted by email or facsimile to the Procurement Department, Attn: Cristiane Lima; fax: 305-400-5009 or email: CLima@miamigov.com. The solicitation title and number shall be referenced on all correspondence. All questions must be received no later than Tuesday, May 19, 2020 @ 15:00:00. 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. 2.5. BIDDERS MINIMUM QUALIFICATIONS Bids will only be considered from firms that are regularly engaged in the business of providing goods and/or services described herein for the last three (3) years with the same FEI Number; that have adequate financial support, equipment and organization to insure that they can satisfactorily provide the goods and/or services if awarded a Contract under the terms and conditions herein stated. Bidder shall: (1) Not have any member, officer, or stockholder that is in arrears or is in default of any debt or contract involving the City, is a defaulter surety otherwise, upon any obligation to the City, and/or has failed to perform faithfully on any previous contract with the City. Page 8of16 4/4/2022 7:51 AM p. 62 City of Miami Solicitation 1476386 Invitation for Quotation (IFQ) 1228390 (2) Have no record of pending lawsuits or criminal activities, and have never been declared bankrupt. 2.6. REFERENCES Each bid must be accompanied by a list of three (3) references, as reflected in the Header/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. 2.7. SUBMISSION REQUIREMENTS All responses shall be submitted either via Oracle Sourcing, Fax to (305) 400-5009, or Email to Clima@miamigov.com at or before, the specified closing date and time as designated in the IFQ. NO EXCEPTIONS. All forms should be completed, signed and submitted accordingly. All signatures must be in an ink. A typewritten signature is invalid for entering into a contract or the submission of a bid. Due to the COVID-19 pandemic, the Miami Riverside Center building (MRC) is closed until further notice, and it will not be accessible to the public. 2.8. METHOD OF AWARD Award of this contract will be made to the lowest responsive and responsible Bidder who meets Specifications. 2.9. TERM OF CONTRACT The Contract shall commence upon the date of Notice of Award and shall be effective for one (1) year with the option to extend for two (2) additional one (1) year period; or up to $25,000.00; whichever comes first. 2.10. 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 drug -free workplace program. In order to have a drug -free workplace program, a business shall: (1) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the action that will be taken against employees for violations of such prohibition. (2) Inform employees about the dangers of drug abuse in the workplace, the business' policy of maintaining a drug -free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. Page 9 of 16 4/4/2022 7:51 AM p. 63 City of Miami Solicitation 1476386 Invitation for Quotation (IFQ) 1228390 (3) Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). (4) In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) calendar days after such conviction. (5) Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program, if such is available in the employee's community, by any employee who is so convicted. (6) Make a good faith effort to continue to maintain a drug -free workplace through implementation of this Section. 2.11. PROJECT MANAGER Upon award, Successful Bidder(s) shall report and work directly with Cindy Baez, Assistant to the Solid Waste Director, or designee, who shall be designated as the Project Manager for the City. 2.12. INSURANCE REQUIREMENTS INDEMNIFICATION: Successful Bidder(s) shall indemnify, hold and save harmless, and defend (at its own cost and expense), the City, its officers, agents, directors, and/or employees, from all liabilities, damages, losses, judgements, and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness, negligent act or omission, or intentional wrongful misconduct of Successful Bidder(s) and persons employed or utilized by Successful Bidder(s) in the performance of this Contract. Successful Bidder(s) shall further, hold the City, its officials and employees, indemnify, save and hold harmless for, and defend (at its own cost), the City its officials and/or employees against any civil actions, statutory or similar claims, injuries or damages arising or resulting from the permitted Work, even if it is alleged that the City, its officials, and/or employees were negligent. In the event that any action or proceeding is brought against the City by reason of any such claim or demand, the Successful Bidder(s) shall, upon written notice from the City, resist and defend such action or proceeding by counsel satisfactory to the City. The Successful Bidder(s) expressly understands and agrees that any insurance protection required by this Contract or otherwise provided by the Successful Bidder(s) shall in no way limit the responsibility to indemnify, keep and save harmless and defend the City or its officers, employees, agents and instrumentalities as herein provided. The indemnification provided above shall obligate the Successful Bidder(s) to defend, at its own expense, to and through trial, administrative, appellate, supplemental or bankruptcy proceeding, or to provide for such defense, at the City's option, any and all claims of liability and all suits and actions of every name and description which may be brought against the City, whether performed by the Successful Bidder(s), or persons employed or utilized by Successful Bidder(s). These duties will survive the cancellation or expiration of the Contract. This Section will be interpreted under the laws of the State of Florida, including without limitation and interpretation, which conforms to the limitations of Sections 725.06 and/or 725.08, Florida Statutes, as applicable and as amended. Page 10 of 16 4/4/2022 7:51 AM p. 64 City of Miami Solicitation 1476386 Invitation for Quotation (IFQ) 1228390 Successful Bidder(s) shall require all sub -contractor agreements to include a provision that each sub -contractor will indemnify the City in substantially the same language as this Section. The Successful Bidder(s) agrees and recognizes that the City shall not be held liable or responsible for any claims which may result from any actions or omissions of the Successful Bidder(s) in which the City participated either through review or concurrence of the Successful Bidder's actions. In reviewing, approving or rejecting any submissions by the Successful Bidder(s) or other acts of the Successful Bidder(s), the City, in no way, assumes or shares any responsibility or liability of the Successful Bidder(s) or sub -contractor under this Contract. Ten dollars ($10) of the payments made by the City constitute separate, distinct, and independent consideration for the granting of this Indemnification, the receipt and sufficiency of which is voluntarily and knowingly acknowledged by the Successful Bidder(s). I. Commercial General Liability (Primary and Non -Contributory): A. Limits of Liability Bodily Injury and Property Damage Liability Each Occurrence - $1,000,000 General Aggregate Limit - $2,000,000 Products/Completed Operations - $1,000,000 Personal and Advertising Injury - $1,000,000 B. Endorsements Required City of Miami listed as an additional insured Contingent and Contractual Liability Premises and Operations Liability Primary Insurance Clause Endorsement IL Business Automobile Liability A. Limits of Liability Bodily Injury and Property Damage Liability Combined Single Limit Any Auto Including Hired, Borrowed or Non -Owned Autos Any One Accident - $1,000,000 B. Endorsements Required City of Miami listed as an additional insured Page 11 of 16 4/4/2022 7:51 AM p. 65 City of Miami Solicitation 1476386 Invitation for Quotation (IFQ) 1228390 III. Worker's Compensation Limits of Liability Statutory - State of Florida Waiver of Subrogation Employer's Liability Limits of Liability $1,000,000 for bodily injury caused by an accident, each accident $1,000,000 for bodily injury caused by disease, each employee $1,000,000 for bodily injury caused by disease, policy limit BINDERS ARE UNACCEPTABLE. The insurance coverage required shall include those classifications, as listed in standard liability insurance manuals, which most nearly reflect the operations of the Bidder. All insurance policies required above shall be issued by companies authorized to do business under the laws of the State of Florida, with the following qualifications: The Company must be rated no less than "A" as to management, and no less than "Class V" as to financial strength, by the latest edition of Best's Insurance Guide, published by A.M. Best Company, Oldwick, New Jersey, or its equivalent. All policies and/or certificates of insurance are subject to review and verification by Risk Management prior to insurance approval. Certificates will indicate no modification or change in insurance shall be made without thirty (30) days written advance notice to the certificate holder. NOTE: CITY BID NUMBER AND/OR TITLE OF BID MUST APPEAR ON EACH CERTIFICATE. Compliance with the foregoing requirements shall not relieve the Successful Bidder(s) of his liability and obligation under this section or under any other section of this Agreement. --If insurance certificates are scheduled to expire during the contractual period, the Successful Bidder(s) shall be responsible for submitting new or renewed insurance certificates to the City at a minimum of ten (10) calendar days in advance of such expiration. --In the event that expired certificates are not replaced with new or renewed certificates which cover the contractual period, the City shall: (4) Suspend the contract until such time as the new or renewed certificates are received by the City in the manner prescribed in the Invitation To Bid. (5) The City may, at its sole discretion, terminate this contract for cause and seek re -procurement damages from the Successful Bidder(s) in conjunction with the General and Special Terms and Conditions of the Bid. The Successful Bidder(s) shall be responsible for assuring that the insurance certificates required in conjunction with this Section remain in force for the duration of the contractual period; including any and all option terms that may be granted to the Successful Bidder(s). Refer to Attachment A, Insurance Addendum, for requirements and conditions. Page 12 of 16 4/4/2022 7:51 AM p. 66 City of Miami Solicitation 1476386 2.13. SAFETY MEASURES Invitation for Quotation (IFQ) 1228390 The Successful Bidder(s) 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 his/her operation and work in progress must be posted. All employees of the Successful Bidder(s) shall be expected to wear safety glasses or goggles, appropriate clothing, and hearing protection when and wherever applicable. The Successful Bidder(s) shall use only equipment that is fully operational and in safe operating order. The Successful Bidder(s) 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. 2.14. SAFETY PRECAUTIONS The Successful Bidder(s) must adhere to the applicable environmental protection guidelines for the entire duration of the work. If hazardous waste materials are used, detected or generated at any time, the Project Manager must be immediately notified of each and every occurrence. Successful Bidder(s) shall comply with all codes, ordinances, rules, orders and other legal requirements of public authorities (including OSHA, EPA, DERM, Miami -Dade County PDR South Florida Building Code) which bear on the performance of the work. The Successful Bidder(s) shall take the responsibility to ensure that all work is provided with the adequate safeguards, that are necessary for the protection of their employees, as well as the public and City employees. If an emergency condition should develop during work, the Successful Bidder(s) must immediately notify the Project Manager of each and every occurrence. The Successful Bidder(s) should also recommend any appropriate courses of action to the Project Manager. 2.15. DAMAGES TO PUBLIC/PRIVATE PROPERTY The Successful Bidder(s) shall carry out the work with such care and methods as not to result in damage to public or private property adjacent to the work. Should any public or private property be damaged or destroyed, the Successful Bidder(s), at his/her 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). 2.16. CITY OCCUPANCY The City may occupy all or any portions of the facility during the entire period of work. The Successful Bidder(s) shall cooperate fully with the Project Manager or designee during the work to minimize conflicts and to facilitate City operations and the operations of any other contractors. 2.17. QUALITY OF WORK All work shall be performed using superior maintenance standards and techniques. The frequencies established for repetitive maintenance tasks are minimum frequencies, which must be increased if deemed necessary and requested by the City. Page 13 of 16 4/4/2022 7:51 AM p. 67 City of Miami Solicitation 1476386 2.18. DELAYS Invitation for Quotation (IFQ) 1228390 The Successful Bidder(s) shall notify the City's Project Manager, or designee of any actual or potential delays. 2.19. FORCE MAJEURE Successful Bidder(s) shall not be liable for any failure of or delay in the performance of this Agreement for the period that such failure or delay is due to causes beyond its reasonable control, including but not limited to acts of God, war, strikes or labor disputes, embargoes, government orders or any other force majeure event. 2.20. COMPLETED WORK The City shall be notified by the Successful Bidder(s) upon completion of work. The City shall inspect and approve completed work before authorizing payment. Work not satisfactorily completed shall be redone by the Successful Bidder(s) at no additional charge to the City. 2.21. FAILURE TO PERFORM Should it not be possible to reach the Successful Bidder(s) or supervisor 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. 2.22. ADDITIONS/DELETIONS OF PRODUCTS/ITEMS/SERVICES/SUPPLIERS Although this Solicitation identifies specific services to be provided, it is hereby agreed and understood that any services/facility/item/supplier may be added/deleted to/from this contract at the option of the City. When an additional service/product to the contract is required, the suppliers shall be invited to submit price quotes for these new service/product(s). If prices are not competitive or not carried, the City maintains the right to add additional suppliers to the contract to carry those service/product(s) required. If these quotes are comparable with market prices offered for similar services/products/suppliers, they shall be added to the contract, whichever is in the best interest of the City, and an addendum and a separate purchase order shall be issued by the City. 2.23. 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. Page 14 of 16 4/4/2022 7:51 AM p. 68 City of Miami Solicitation 1476386 2.24. TERMINATION A. FOR DEFAULT Invitation for Quotation (IFQ) 1228390 If Successful Bidder(s) 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(s) shall be liable for damages including the excess cost of procuring similar supplies or services: provided that if, (1) it is determined for any reason that the Successful Bidder(s) was not in default or (2) the Successful Bidder's failure to perform is without his or his subcontractor's control, fault or negligence, the termination will be deemed to be a termination for the convenience of the City of Miami. B. FOR CONVENIENCE The City Manager may terminate this Contract, in whole or in part, upon thirty (30) days prior written notice when it is in the best interests of the City of Miami. If this Contract is for supplies, products, equipment, or software, and so terminated for the convenience by the City of Miami the Successful Bidder(s) will be compensated in accordance with an agreed upon adjustment of cost. To the extent that this Contract is for services and so terminated, the City of Miami shall be liable only for payment in accordance with the payment provisions of the Contract for those services rendered prior to termination. 2.25. ADDITIONAL TERMS AND CONDITIONS No additional terms and conditions included as part of your solicitation response shall be evaluated or considered, and any and all such additional terms and conditions shall have no force or effect and are inapplicable to this solicitation. If submitted either purposely, through intent or design, or inadvertently, appearing separately in transmittal letters, specifications, literature, price lists or warranties, it is understood and agreed that the General Conditions and Special Conditions in this solicitation are the only conditions applicable to this solicitation and that the Bidder's authorized signature affixed to the Bidder's acknowledgment form attests to this. Page 15 of 16 4/4/2022 7:51 AM p. 69 City of Miami Solicitation 1476386 3. Specifications 3.1. SPECIFICATIONS/SCOPE OF WORK Invitation for Quotation (IFQ) 1228390 Successful Bidder shall provide all labor, parts, materials, tools, and equipment, necessary to provide monthly maintenance service to the Solid Waste Truck Wash Facility. Successful Bidder(s) shall: 1. Coordinate in advance with the Project Manager, or designee the schedule of the service to be provided in the Solid Waste Truck Wash Facility located at 1290 NW 20th Street, Miami, FL 33142; 2. Use vacuum truck to remove grease, debris, and other liquid waste; 3. Use pressure jet to clean walls and bottom; and 4. Clean the area from all debris. Notes: Additional work outside the scope of work shall be reported to the Project Manager or designee prior to commencement. No work shall be completed without the written approval of the Project Manager or Designee. Page 16 of 16 4/4/2022 7:51 AM p. 70 City of Miami Solicitation 1476386 Question and Answers for Solicitation #1476386 - Solid Waste Truck Wash Overall Solicitation Questions There are no questions associated with this Solicitation. 4/4/2022 7:51 AM p. 71