HomeMy WebLinkAboutIFBIFB Number:
Title:
Issue Date/Time:
IFB Closing Date/Time:
Pre -Bid Conference:
Pre -Bid Date/Time:
Pre -Bid Location:
Deadline for Request for Clarification
Buyer:
Hare] Copy Submittal Location:
Buyer E -Mail Address:
Buyer Facsimile:
City of Miami
Invitation for Bid (IFB)
Purchasing Deparimeni
Glenn Marcos, CPPB, Director/Chief Procurr:rnen, Olhcei
Miami Riverside Center
444 SVM 2nt1 Avenuc-, 611i Floor
Miami, Florida 33130
Web Sile Address: hitp:/lci.miam .li.us/procurement
108059,2
Invitation to Bid for On -Site Mobile
Shredding Services
24 -OCT -2008
19-NOV-2008 @ 14:00:00
November 3, 2008 at 4 p.m
Rodriguez, Lourdes
City of Miami - City CIerk
3500 Pan American Drive
Miami FL 33133 US
101-odribu ez@ci.miami.fl.us
(305) 400-5033
Page ] of 34
ertific,ition Statemenl
etisc quote on this form, if a1)l71icablc, net prices far fhc items) listed. keturn signed original and
lain a copy for your flies. )'rice:; should include al) cost;:, including I'll nsportat101) 10 destirralion. Thr,
ity reserves the right to accept or reject all or any part o this submission. :Pricer: should be firm for a
ininVIll of 120 days following the time xet ibr closing of the SubniiSSl Oils,
the eVellt Of eri-Or'S n) 0:tenSioll of lotiils, the tlnrt prices shall govern in determining the gLIotC.CI
/e (1) certify that we ll IVC read your solicitation, completed the necessary document:, and propose: to
rrnish and deliver, F,0.L'. DESTINATION, the items or services specified herein.
he undersigned hereby certifies that neither the contractual party not any OF its principal ouIrlers or
ersonnel have been convicted of any of the Violations, or debarred or suspended as set in section
8-107 w Ordinance No. 12271.
Ali exceptions to this submission have been documented in the section below ('refe) to paragraph and
ection).
?XCEPTIONS:
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 time following and sign your name:
SUPPLIER NAME:
ADDRESS:
PHONE:
EMAIL:
SIGNED BY:
TITLE:
FAX:
BEEPER:
DATE:
FAILURE TO COMPLETE SIGN AND RETURN THIS FORM SHALL DISQUALIFY THIS BBD.
Page 2 of 34
cer-ti ic'Itlolls
,egsil Name of iiirjv
Entity 7yhc: Partnership, Sole Proprietorship, Corporation, etc.
Ycar Established:
Lusincss Address:
Cite, State, Zip Code:
Business Telephone Number:
Business Fax Number:
Email Address:
Occupational Licensc Number:
Occupational License Issuing Agency:
Occupational License Expiration Date:
Respondent certifies that (s) he has read and understood the provisions of City of Miami Ordinance No.
10032 (Section 18-105 of the City Code) pertaining to the implementation of a "First Source Airing
Agreement.": (Yes or No)
Do you expect to create new positions in your company in the event your company was awarded a
Contract by the City? (Yes or No)
Page 3 of 34
n the even) ynur answer toquestim above is yes, how many rev hasilions would you create Lo
erlornl dii: worl"I
'lease lis( the title, rale ofpay, summary of dulieS, nun7bcr ofpositions, turd cxpeeLed length or duration
d all neuI position:; "'hie) mighl be created a,; a result of' this ewtnd OT,1 C011lract.
lcrvice Total Contract Amount( which inchides base term and renewal options):
J the above answer is no, please Indicate the name of the city (end user) department that your contract
mill serve:
Provide brief description of tlhe project or service to be provided
IN,re hereby state compliance with the Cite of Miami Living Wage Ordinance, Section 18-556 through
Section 18-559 as summarized in Section 1.40 of the General Terns and Condtions? (Yes or No)
Please list and acknowledge all addendum/addenda received. List the addendum/addenda number and
date of receipt (i.e. Addendum No. 1, 7/1/07). If no addendum/addenda was/were issued, please insert
N/A.
Reference No. 1: Name of Company/Agency for which bidder is cura•ently providing the services/goods
as described in this solicitation, or has provided such services/goods in the past:
Reference No. 1: Address, City, State, and Zip for above reference company/agency listed:
Reference No. 1: Name of Contact Person and Telephone Number for above reference no. I
Reference No. 1: Date of Contract or Sale for above reference no. l
Reference No. 2: Name of Company/Agency for which bidder is currently providing the suvices/goods
Page 4 of 34
as described in this solicitation, or has provided such serviceslgoods in the lust:
Refercncc No. 2: Address, City, Stwe, and Zip for above Ieferencc company/agency listed:
Keference No. 2: Namc of'Contact Person and Telephone Nu111ber for above reference no. 2
Reference No. 2: Datc of'Contract or Sale for above rcicrc»cc no. 2
Reference No. 3: Name of CompanyMgency 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, Cite, State, and Zip for above reference company/agency listed:
Reference No, 3: Name of Contact Person and Telephone Number for above reference no. 3
Reference No. 3: Date of Contract ol; Sale fo above reference no. 3
Page 5 of 34
line I
Description: Mai.erials i.o be slu-etlded un a bi-weekly basis
Category: 9205)(140
Uni! of Measure POnnrl
Unit Price: $ Number o -f Units: I
Linc: 2
Description: Materials to be shredded on an as needed basis
Category: 92050-00
Unit of Measure: Pound
Unit Price: $ Number of Units: I
Line: 3
Description: On -Demand On -Site Shredding Services
Category: 92050-00
Unit of Measure: Pound
Unit Price: $
Number of Units: 1
Tota l: s;
Total: $
Total: $
Page 6 of 34
City of Miami
�fInvitation for Bid (IFB)
*
I H C 0 P nhAT111 '_*
r In
�y✓ l�y�„� ^nO��l"
Purchasing Department
Glenn MarcoL, CPPB, CUireclor)Chief Procurement Officer
Miami Riverside Cenler
IFB Number:
Title:
Issue Date/Time:
IFB Closing Date/Time:
Pre -Bid Conference:
Pre -Bid Date/Tithe:
Pre -Bid Location:
Deadline for Request for Clarification:
Buyer:
Hard Copy Submittal Location:
Buyer E -Mail Address:
Buyer Facsimile:
444 SW 2-1 Avenue, 611, Floor
Miami, Florida 33130
Web Sile Address: htlp./Jd.miami.fl.usiprocuremeni
108059,1
Invitation to Bid for On -Site Mobile
Shredding Services
24 -OCT -2008
19-NOV-2008 @ 14:00:00
November 3, 2008 at 4 p.m
Rodriguez, Lourdes
City of Miami - City Clerk
3500 Pan American Drive
Miami FL 33133 US
lorodriguez@ci.m.iami.f1.us
(305) 400-5033
Page 7 of 34
IN13)r 1111ATE
✓ n
of,
T^
IFB Number:
Title:
Issue Date/Time:
IFB Closing Date/Time:
Pre -Bid Conference:
Pre -Bid Date/Time:
Pre -Bid Location:
Deadline for Request for Clarification:
Buyer:
Hard CoFy Submittal Location:
Buyer E -Mail Address:
Buyer Facsimile:
City of Miami
Invitation for Bias (IFB)
Purchasing Departmeni
Glenn Marcos, CPPC3, Weclor/Chief Procufemenl Officer
Miami Riverside Cenler
444 S"I 2"' Avenue, 611, Floor
Miami, Florida 33130
Wet, Site Address: hllp://ci.miami.fi.us/Procurement
108059
Invitation to Bid for On -Site Mobile
Shredding Services
24 -OCT -2008
NO��-2008 @ 14:00:00
f�
November 3, 2008 at 4 p.m
Rodriguez, Lourdes
City of Miami - City Cleric
3500 Pan American Drive
Miami FL 33133 US
lorodriguez@ci.miami.fl.us
(305) 400-5033
Pagel of 34
Certification SGrtenlcnt
111earse quote: or, this form, if applicable, net prices for the itein(s) listed. )'Cturn signal original and
relarirr a coley for y01.11 ,;. )'rices should include all costs, irncludiNg UNansportation to cicstinatiorr_ The
Oily reserves tyre righ( to accept or reject all or ally parl of this submission. Prices should be uteri Jor a
inininw lr of J20 days following the time SCI for closing of the subnlis:;ions.
Ill the even( of errors in extension of totals, the trail prices shall govern err determining tyre quoted
prices.
WC: (1) certNj, tl-ral we have read your solicitation, completed the rnccessary documents, acrd propose to
furnish and deliver, F.0.13. I)GSTINA`fJONI, the itenv; or services spccificd herein.
The undersigned hereby ccrhFjae that neither dre Coll tractuarl party nor ally of' its principal owners or
personnel have been convicted of any of the violations, or debarred or suspended as sol in section
18-107 or Ordinance No. 12271.
All exceptions to this submission have been documented in the sccuon below (refer to paragraph and
section).
EXCEPTiO)gS:
We (I) certify that any and all information contained in this submission is true; and we (I) further certify
that this subllllssim 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 coiiusion 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:
SUPPLIER NAME:
ADDRESS:
PHONE:
EMAIL:
SIGNED BY:
TITLE:
FAX:
BEEPER:
DATE:
FAILURE TO CONIPLETE, SIGN AND RETURN THIS FORM SIIALI. DISQUALTU THIS BID.
Page 2 of 34
Certifications
l.xpl Nanic of]"1111):
Entity Typc: Partnership, Sole l'rvprietoi;ship, Corporation, etc.
Ycar Established:
Business Address:
City, State, Zip Codc:
Business Telephone Number:
Business Fax Number:
Email Address:
Occupational License Number:
Occupational License Issuing Agency:
Occupational License Expiration Date:
Respondent certifies that (s) lie leas read and understood the provisions of City of Miami Ordinance No.
10032 (Section 18-105 of the City Code) pertaining to elle implementation of a "First Source Hiring
Agreement.": (Yes or No)
Do you expect to create new pOS16011S li] your company in the event your co111pany was awarded a
Contract by the City? (Yes or No)
Page 3 of 34
Jn the; cvcnl your answer to question above is yc:;, how nlrrny DC"! positions would you create to
perforn', this work?
Please list the title, rate of pay, sununary Of duties, number of positions, and cXpected length or duration
of all new positions which alight be created as, a resuh of this award of;, Contract.
Service Total Contrac( /inbuilt( Which Includes base rein"; and mnewa) options):
If the aboVC anSWCI' i5 Ilo, please Indicate the Hanle of the city (end user) department that your cUntract
-'A'7ll serve:
Provide brief description of the project or service to be provided
I/We hereby state compliance with the City of Miami Living Wage Ordinance, Section 18-556 through
Section 18-559 as summarized in Section 1.40 of the General Terns and Condtions? (Yes or No)
Please list and aciulowledge all addendum/addenda received. List the addendum/addenda number and
date of receipt (i.e. Addendum No. 1, 7/1/07). 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:
Reference No, 1: Address, City, State, and Zip for above reference company/agency listed:
Reference No. 1: Name of Contact Person and Telephone Number for above reference no. I
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 p-ovidirig the services/goods
Page 4 of 34
as described in this solicitation, or hay provided such services/goods in the past:
l.eferencc No. 2 Address, City, State, and Zip for above reference company/agency listed:
Rcfereru;c No. 2: )Jame ofC(JrItact PCrSM) Will Telephone Number for above reference no. 2
Reference No. 2: Date of Contract or Salc for above reference no. 2
Reference No. 3: Namc of'Coinpany/Agency for which bidder is currently providing the services/goods
as described in this solicitation, or has provided such services/goods in the past:
Reference No. 3 Address, City, State, and Zip for above reference company/agency listed:
Reference No. 3: Name of Contact Person and Telephone Number for above reference no. 3
Reference No. 3: Date of Contract or Sate for above reference no. 3
Page 5 of 34
Linc: 7
Description: Materials to be shredded on a bi-weckly basis
Category: 92050-00
Unit o'l,Mwlsurc: Pound
Unit Prim $; Numbor of' Units: ] Total: $;
Line: 2
Description: Materials to be shredded on an as needed basis
category: 92050-00
Unit of locasurc Pound
Unit Price: $; Number of Units 1 Total: $;
Pagc 6 of 34
)o°ta^u^ uxBid (11-,B) 108059
'fable v/Contents
Twn:uodCvodi/xms ...... ............................... —.... ....... ................................................. .................
---�G
|Ococm/Cmvhovo ----------------------------------------'x
iiGBNEkxI..70�N�;ANL) C8NDCn0WJ .... .............. .... ......... —..... ........
.........................
2. SpucinlCwxvmo --- ... ............................... ........... —...... --.....................................................
27
2.{�pDXP0SC ............ .......... .............................. --- ............ ........... .... ...........
—..... ... .......... 27
z,z,D2nDJ|NEFOR nd�,CEJPTOrkSVUESTp[mADD{T0wxL
IwF0KNxT1ONxC'Ax7nlCATl0N ------------------------------27
2I?0<WOF, CONTRACT ----------------------------------'27
24,C0NDnl0N3FOR kENE\Y6L ....... ............ ... —............. .............................
—.............. 7
2.5. E0uITA13LEADTDSTJAENT ------------------------------'27
Ik 7l0HOPFU14DS --------------------------..
27
2�.METHOD 0T6V40lD ---------------------------------'27
2.2.BIDDERS kd[NIkfUM QU6LRFJCA?lJNS ........ ....... ............. ....................................
... 26
2.9. FAILURE T0PEkF0Iow ---------------------------------'2S
2JUDVSDRANCEDEgDIk8)AEN7� ................ ..................... ----.............
—................. 2S
2Jih<E7JIODOFPAYMENT -----------_-------......................................
2]2. ADDrr0NS0ELETI0N3OF FAClLrDE3/JTElAC/FDODDCT2 -----------.29
2J1USEOFrREM%SES -----------------------------------'z9
2]4.DAMAGES ?0PDBLIC/vRD(A7EP8OP2RTY ............... ............ ..............
........ ......... 9
2.1IDEPER814CES ................................. ....................... ...... ............... —....... ---------}0
2]6.3PECIF)C6TlON, EXCEPTIONS ----------------------------'38
zJ7.PUBLIC CONVENIENCE AND SAFETY -----------------------'30;
3]8. SAFETY MEASURES ............... ............. ...................... ................... --- .................
........ 30
I/9.TEPJAD,�IAT0N ..................... ...... ........... —............................. .....................
—....... ....... 0
2.2DADDITIONAL TERMS AITDCONDITIONS ----------------------'3]
Z2iPRIM ADYCLIENT (FIRST PRI OR7TY) ---—
31
3. Specifications —............... ........................................ ... ....... .......................................
............... 32
3lQPECTF7CAT) DINI8/S COPE DFWORK ................. --........... ................ ........
—.............. 32
Page 7vf34
Invitation for t-3Ia (arDj , --
Terns and Conditions
1. General Conditions
LL GENERAL TERMS ANI) CONDYMONS
Intent: The General Ternls anti Conditions: described herein apply to the acquisition of
hoods/cquipmenllservices will; an estimated aggregate cost of �;2S,000.00 or more.
Delinition: Fl formal solicitativrl is defined es issuance Ofal! Invitation for Tjitls, Request for Proposals,
Request for Qualifications, or kcgucst for Letters of Interest pul,suant to the City of
Miami Procurement Cotte and/or Morida Law, as amended. Formai Solicitation and Solicitation shall be
def Illed In the Same rilanner herelll.
I.I. ACCEPTANCE OF GOOUS OR EQUIPMENT - Any good(s) or equipment delivered under this
forltlal solicitation, if applicable, shall remain the property of the seller until a physical inspection and
actual usage of the good is bade, and thereafter is accepted as satisfactory to the City. 11 must comply U'iIll
the terms herein and be fully in accordance with specifications and of [hc highest quality, 11) the event the
goods/equipment supplied to the City are found to be defective of does not conform to specifications, the
City reserves the right to cancel the order upon written notice to the Contractor and return the product to the
Contractor it the Contractor's expense.
1.2. ACCEPTANCE OF OFFER - The signed or electronic submission ofyan solicitation response shall
be considered an offer on the part of the bidder/proposer; such offer shall be deemed accepted upon
issuance by the City of a purchase order.
1.3. ACCEPTANCE/REJECTION — The City reserves the right to accept or reject any or all responses or
parts of after opening/closing date and request re -issuance on the goods/services described in the formal
solicitation. In the event of such rejection, the Director of Purchasing shall notify all affected
bidders/proposers and make available a written explanation for the rejection. The City also reserves the
right to reject the response of any bidder/proposer who has previously failed to properly perform under the
terns and conditions of a.contract, to deliver on time contracts of a similar nature, and who is not in a
position to perform the requirements defined in this formal solicitation. The City further reserves the right
to waive any irregularities or minor informalities or technicalities in any or all responses and may, at its
discretion, re -issue this formal solicitation.
1.4. ADDENDA —It is the bidder's/p-oposer's responsibility to ensure receipt of all Addenda. Addenda are
available at the City's website at: http://wm,w.ci.nliari.fl.us/procurement
1.5. ALTERNATE RESPONSES MAY BE CONSIDERED - The City may consider one {1) alternate
response from the same Bidder/Proposer for the same formal solicitation; provided, that the alternate
response offers a different product that meets or exceeds the formal solicitation requirements. In order for
the City to consider an alternate response, the Bidder/Proposer shall complete a separate Price Sheet form
and shall mark "Alternate Response". Alternate response shall be placed in the sane response. This
provision only applies to formal solicitations for the procurement of goods, services, iters, equipment,
materials, andlor supplies.
1.6. ASSIGNMENT - Contractor agrees not to subcontract, assign, transfer, convey, sublet, or other -wise
dispose of the resulting Contract, or any or all of its right, tide or interest herein, without City of Miami's
prior written consent.
7.7. ATTORNEY'S PENS In connection with any litigation, mediation and arbitration arising out of this
Contract, the prevailing party shal l be entitled to recover its costs and reasonable attorney's fees through
and including appellate litipilion and any post judgrnenl proceedings.
1.8. AUDIT RIGHTS AND RECORDS RETENTION - The Successful Biddor/Proposer agrees to
provide access m all reasonable tunes to the City, or to any of its duly authorized representatives, to any
books, documents, papers, and records of Contractor which are directly pertinent to this formal solicitation,
for the purpose of audit, examination, excerpts, and transcriptions. The Successful Bidder/Proposer shall
maintain and retain any and all of the books, documents, papers and records pertinent to the Contract for
Page 8 of 34
Invitation for Bit] (IFB) 109059
three (3) years alter t)re Cily make:: final payment and all other pcndinf; matte+:s are closed. Contractor's
failure to or relir;;al to comp)), %vilb this; condition shat) resell in the innnncdiatc cancellation of this contract
by the Cily.
1.9. ANJA1LA111LIT)' OPCONTRACT STATE-WIDE - Any Governmental, riot -tor -profit or
quasi -governmental entity in the Statc of Flondki, may avail itself of thi;; conu-ael and ptucha"c ally and all
goods/services, specified herein Iom tlnc successful bitldcr(s)/proposcr(s) al the eoniracl prices)
established herein, when permissible by federal, state, and local laws, rules, and regulations.
Eacln Governmental, nol-lar-profu or quasi-bovernrrrenlal entity which use.; till:; forrnal solicitation and
resulting bid contract or agreement Will establisl: it:; owrr contract/agreement, place its own adt:r , issue its
own purchase orders, be invoiced there from kind nnakc its own payments, determine shipping terms and
issue,its own exemption certificate:; as required by tile; successful bidders)/proposer(s).
1.10. A WAItI) OF CONTRACT:
A. The Formal Solicitation, Bidder's/Proposcr's response, any addenda issued, and tlne lnirchase order shall
constitute the entire contract, unless modified in accordance with any ensuing contract/agreement,
annendment or addenda.
B. The award of a contract where there are Tic Bids will be decided by the Director of Purchasing or
designee in the instance that Tic Bids can't be determined by applying Florida Statuic 297.087, Treference
io Businesses with Drug -Free Wor)<place Programs.
C. The award of this contract may be preconditioned on the subsequent submission of other documents as
specified in the Special Conditions or Technical Specifications. Bidder/Proposer shall be in default of its
contractual obligation if such documents are not submitted in a timely manner and in the form required by
the City. Where Bidder/Proposer is in default of these contractual requirements, the City, through action
taken by the Purchasing Department, will void its acceptance of the Bidder's/Proposer's Response and may
accept the Response from the next lowest responsive, responsible Bidder or Proposal most advantageous to
the City or re -solicit the City's requirements. The City, at its sole discretion, may seek monetary restitution
from Bidder/Proposer and its bid/proposal bond or guaranty, if applicable, as a result of damages or
increased costs sustained as a result of the Bidder's/Proposer's default.
D. The term of the contract shall be specified in one of three documents which shall be issued to the
successful Bidder/Proposer. These documents may either be a purchase order, notice of award and/or
contract award sheet.
E. The City reserves the right to automatically extend this contract for up to one hundred twenty (120)
calendar days beyond the stated contract terns in order to provide City departments with continua) service
and supplies while a new contract is being solicited, evaluated, and/or awarded. if the right is exercised,
the City shall notify the Bidder/Proposer, in writing, of its intent to extend the contract at the sante price,
terms and conditions for a specific number of days. Additional extensions over the first one hundred
twenty (120) day extension may occur, if, the City and the Successful Bidder/Proposer are in mutual
agreement o; such extensions.
F. Where the contract involves a single shipment of goods to the City, the contract term shall conclude
upon completion of the expressed or implied warranty periods.
G. The City reserves the right to award the contract on a split -order, lump sum or individual -item basis,
or such combination as shall best serve the interests of the City unless otherwise specified.
H. A Contract/Agreement may be awarded to the Bidder/Proposer by the City Commission based upon
the minimum qualification requirements reflected herein. As o result of a RFP, RFQ, or RFLi, the City
reserves the right to execute anot execute, as applicable, nn Agreement with the Proposer, whichever is
determined to be in the City's best interests. Such agreement will be furnished by the City, will contain
certain terns as arc in the City's best interests, and will be subject to approval as to legal form by the City
A ttorney.
1.11. BID BOND/ BID SECURITY - A cashier's or certified check, or a Bid Bond signed by a recognized
surety company that is licensed to do business in the State of Florida, payable to the City of Miami, for the
amount bid is required from all bidders/proposers, if so indicated under the Special Conditions. This check
or bond guarantees that a bidder/proposer will accept the order cr contract/agreement, as bid/proposed, if it
is awarded to bidder/proposer. Bidder/Proposer shall forfeit bid deposit to the City should City award
Page 9 of 34
Invitation for Bid (IF13) 108059
contracdagmenteni to 13idticr/Proposer and I31ddw/1roposer fail:: to accep! the award. The Cily reserves the
right to roject any and Al surety tendered to the City. Mid deposits we mourned to unsu.icecssful
bidde+:�/prviaoscr;; within tell (10) t)riys after the award artcl successful bidder's/pruposcr,:. acoeptancc of
award. If sm'y (60) day;; have p'Isscd after Hit; date of thc: formal ,mlicitetion closing; date, ant! nu contr<rct
has been awarded, all bill deposits will be returned on demand.
Certified Minorily/Women vendorr, may apply to participate in the Cily's Bid Bond \Voucher Program by
conflicting the lAinorily/Wontcu 13usiMss Affairs office.
1.72. PX`PONSI: POitM (HARUC'OPY FORMAT) - All furan:; should be completed, signed and
submiticd accordingly.
1.73. 1311) SECURIT7' FORFEITED LIQUIDATED DAMACL+'S - Pailurc to execute an Agtrecmeni
and/or file an acceptable 11cribrmancc Bond, when required, as plOVOcd herein, shill IX just cause for the
tutnubnent of the awtud and the forfeiture of the Bid Securit} it> the City, Which forfeit
rc shall be
considered, not as a penalty, bill in mitigation of damage= sustained. Awtu•rl may then tae made to the
nexl lowest responsive, responsible Bidder or Proposal ntosl advantageous to the City or ail responses may
be rejected.
1.14. BRAND NAMES - If and wherever in the specifications brand names, makes, models, names of any
manufacturers, trade names, or bidder/proposer catalog numbers arc specified, it is for the purpose of
establishing the type, function, minimum standard of design, efficiency, grade or quality of goods only.
When the City does not wish to rule out other competitors' brands or stakes, the phrase "OR EQUAL" is
added. When bidding/proposing an approved equal, Bidders/I'roposers will submit, with their response,
complete sets of necessary data (factory information sheets, specifications, brochures, etc) in order for the
City to evaluate and detennine the equality of the itent(s) bid/proposed. The City shall be the sole judge of
equality and its decision shall be final. Unless otherwise specified, evidence in the form of samples nay be
requested if the proposed brand is other than specified by the City. Such samples are to be furnished after.
formal solicitation opening/closing only upon request of the City. If samples should be requested, such
samples must be received by the City no later than seven (7) calendar days after a formal request is made.
1.15. CANCELLATION - The City reserves the right to cancel all formal solicitations before its
opening/closing. In the event of bid/proposal cancellation, the Director of Purchasing shall notify all
prospective bidders/proposers and make available a written explanation for the cancellation.
1.16. CAPITAL EXPENDITURES - Contractor understands that any capital expenditures that the firn-r
makes, or prepares to stake, in order to dehver/perform the goods/services required by the City, is a
business risk which the contractor must assume. The Cite will not be obligated to reimburse amortized or
unamortized capital expenditures, or to maintain the approved status of any contractor. If contractor has
been unable to recoup its capital expenditures during the time it is rendering such goods/services, it shall
not have any claim upon the City.
1.17. CITP NOT LIABLE FOR DELAY'S - It is further expressly agreed that in no event shall the City
be liable for, or responsible to, the Bidder/Propaser/Consultant, any sub-contractor/sub-consultant, or to
any otherperson for, Or on account of, any stoppages or- delay in the work herein provided for by injunction
or -.other legal or equitable proceedings or -on account of any delay for any cause over which the City has no
control.
1.18. COLLUSION —Bidder/Proposer, by submitting a response, certifies that its response is rade xithout
previous understanding, agreement or connection either with any person, firm or corporation submitting a
response for the same items/services or with the City of Miami's Purchasing Department or initiating
depardnent. The Bidder/Proposer certifies that its response is fair, without control, collusion, fraud or other
illegal action. Bidder/Proposer certifies that if is in compliance with the Conflict of Interes! and Code of
Ethics Laws. The City will investigate all potential situations where collusion may have occurred and the
City reserves the right to reject any and all bids/responses where collusion may have occurred.
1.19. COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS - Contractor understands that
contracts between private entities and local governments are subject to certain laws and regulations,
Including laws pet -taming to public r(_ -cords, conflict of interest, records keeping, etc. City and Contractor
agree to comply with and observe till applicable laws, codes and ordinances as that may in any way affect
the goods or equipment offered, including but 1101 limited to:
A. Executive Order 11246, which prohibits discrimination against any employee, applicant, or client
Page 10 of 34
Invitation for Bid (IFIL) 108059
because of race, creed, color, national origin, se;;, or agc with regard to, btn not limited to, JR: follo\Ving:
employment priictices, rate of pay or other eompensaunn nlettwds, and n<liningt selection.
B. Occupaitinnal, Sarfcty and Health Act (OSHA), as applicable to this; Formal Solicitation.
C. The Stele of Florida SlaWteS, Section 297, 133(3)(A ) on Public Entity Crimes.
I). Minority/Women i3usinesr; Affair:, Enterprise (JA/WBf-`) City Ordinances No. W06-1, J 0538, 1 127-2, if,,
amended, as applicable to this Formal Solicitation.
E. Environment Protection Agcncy (EPA), a:; applicable to tbi:; Formal Solicitation,
F. Uniform Commercial Code (Florida Statute:;, Chapter 672).
C. /vncricans with bisabilitiet, Act of 1990, as amended.
T-1. rational Institute of Occupational Safety Hazards (NIOSI-1), a;; applicable to this Formal Solicitation.
1. rational Forest Products Association (NFPA), as applicable to this Formal Solicitation,
J. City Procurement Ordinance City Codc Section IS, Article 111.
K, Conflict of Interest, City Code Section 2-611;01,
L. Cone of' Silence, City Code Section 18-74.
M. The Florida Statutes Sections 218.73 and 218.74 on Prompt Payment.
N. First Source Hiring Agreement, City Ordinance No, J 0032, as applicable to this Formal Solicitation.
Implemented to foster, the creation of new and permanent jobs for City of Miami residents; requires as it
condition precedent to the execution of service contracts including professional services.
Lack of luiowledge by the bidder/proposer will in no way be a cause for rel ief from responsibility.
Non-compliance with all local, state, and federal directives, orders, and laws may be considered grounds
for termination of contract(s).
Copies of the Cil), Ordinances may be obtained from the City Clerk's Office.
1.20. CONE OF SILENCE - Pursuant to Section 18-74 of the City of Miami Code, a "Cone of Silence" is
imposed upon each RFP, RFQ, RFLJ, or IFB after advertisement and terminates at the time the City
Manager issues a written recommendation to the Miami City Commission. The Cone of Silence shall be
applicable only to Contracts.for the provision of goods and services and public works or improvements for
amounts greater than 1200,000. The Cone of Silence prohibits any communication regarding RFPs, RFQs,
RFLI or IFBs (bids) between, among others:
Potential vendors, service providers, bidders, lobbyists or consultants and the City's professional staff
including, but not limited to, the City Manager and the City Manager's staff, the Mayor, City
Commissioners, or their respective staffs and any tnembei of the respective selectionlevaluation committee.
The provision does not apply to, among other communications:
oral communications with the City purchasing staff regarding Minority/Women Business Enterprise
(M/WBE) and local vendor outreach programs; oral communications, provided the conrnn nication is
limited strictly to matters of process or procedure already contained in the formal solicitation document, the
provisions of the Cone of Silence do not apply to oral communications at duly noticed site
visits/inspections, pre -proposal orpre-bid conferences, oral presentations before selection/evaluation
connnitlees, contract negotiations during any duly noticed public meeting, or public presentations made to
the Miami City Commission during a duly noticed public meeting; or communications in writing or by
email at any time with any City employee, official or member of the City Commission unless specifically
prohibited by the applicable RFP, RFQ, RFLI or IFB (bid) documents (See Section 2.2. of the Special
Conditions); or communications in connection with the collection of industry comments or the per For
of market research regarding if particular RFP, RFQ, RFU OR IFB by City Purchasing staff.
Proposers of 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 ant( file a copy
With the Office of the City Clerk, which shall be made available to any person upon request Written
communications may be in the form of e-mail, with if copy to the Office of the Cite Clerk.
Page l I of 34
Invitation for Bid (IFI3) 1v8w)�)
In addition to ally other penalties prnvidecl by law, vioiat ion of the Cone: of Silence by any proposer or
bidder shall render any award voidable. A violation by a particular Bltldu, Proposer, C)ffercrr, I<esporrcicnt,
lobbyist or consonant shall subject same to potential penalties pursuant to [lie C11), Code. Any person
having personal knowledge of a Violation of these provisiune shill report such violation to the State
Allorrncy andlor may file ti complaint with the )✓(mics Commission. Proposers or bidder:; should referenec
Section Iof the City of Miami Code for further clarification.
T)W; Ianguagc is only x summary of the key provisions of the Crone of Silence. Picric revievr City of
Miami Code Section 1 h-74 IN <) canplete and thorough tlescry>tion of the Colic of Silence. You rnoy
contact the City Clerk al 305-250-5360, to obtain tI copy of same.
1.21. CONt+IDENTIALITY - As a pofitieal subdivision, flic City of'lVliami is subject to the Florida
Sunshine Act and I'ublic IteGords Law. If [his Contract/Agreement contains if confldentiality provision, it
S1101 have na application when disclosure is required by Florida Jaw or upon court order.
1.22. CONPUCT O1' INTEREST— Biddcrs/Proposers, by responding to this Formal Solicitation, certify
that to the best of their knowledge or belief, no elected/appointed official or employee of the City of-lvfiami
is financially interested, directly or indirectly, in the purchase orgoods/services specified in this Formal
Solicitation. Any such interests on the part of the Bidder/Proposer or its employees must be disclosed in
writing to the City. Further, you must disclose the name of any City employee who ovens, cfirectly or
indirectly, an interest of five percent (5%) or more of the total assets of capital stock in your firm.
1.23. COPYRIGHT OR PATENT RIGHTS — Bidders/froposers warrant that there has been nu violation
of copyright or patens rights in manufacturing, producing, or selling the goods shipped or ordered and/or
services provided as a result of this formal solicitation, and bidders/proposers agree to hold the City
harmless from any and all liability, Joss, or expense occasioned by any such violation.
1.24. COST INCURRED BY BIDDER/PROPOSI✓R - All expenses involved with the preparation and
submission of Responses to the City, or any worl; performed in connection therewith shall be borne by the
B idder(s)/Proposer(s).
1.25. DEBARMENT AND SUSPENSIONS (Sec 15-107)
(a) Authority and requirement to debar and suspend. After reasonable notice to an actual or prospective
Contractual Party, and after reasonable opportunity for such party to be heard, the Cite Manager, after
consultation with the Chief -Procurement Officer and the city attorney, shall have the authority to dobar a
Contractual Party, for the causes listed below, from consideration for award of -city Contracts. The
debarment shall be fora period of not fewer than three years. The City Manager shall also have the
authority to suspend a Contractual Party from consideration for award of city Contracts if there is probable
cause for debarment, pending the debarment determination. The authority to debar and suspend contractors
shall be exercised in accordance with regulations which shall be issued by the Chief Procurement Officer
after approval by the City Manager, the city attorney, and the City Commission.
(b) Causes for debamnent or suspension. Causes for debamnent or suspension include the fGD0-, ging:
(1) Conviction, for commission of a criminal offense incident to obtaining or attempting to obtain a
Public of -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 PrOCUI-Cment Officer to be
indicative of nomesponsibility. Such violation may include failure without good cause to perform in
accordance with the terms and conditions of a Cortracl or to perform within the time limits provided in
a Contract, provided that failure to perform caused by acts beyond the control of a party shall not be
considered a basis for debarment or suspension.
(5) Debarment or suspension of the Contractual Party by any federal, state or other gover-trznental
entity.
Page 12 of 34
levitation for 3id (11713) l 08059
(6) Take =111f)calion pusuent toparagraph (c) b0nw.
(7) I Mild in violation of;: z0jrinj2 ordinaurcc or any other city ordinanu: or regulabor, and for
which the violation remains noncompliant.
(8) Found in 001,16011 of a zoning ordinance or ally other city ordinanee or regulation and for
which it civil penalty or fine is duc and owing; to the city.
(9) Any other cause judged by the Cil)' IvJatnager to Into NO Seriond: and c:ompclling as to affect the
responsibility of the Conhaetual Part} performing city Contracts.
(c) Certification. All Contracts fin goods and services, sales, and leases by the oily shall contain if
certification that neither tilt Contnactual Por(y not any of it:; principal owners or personnel halve been
convicted of any of the violations set forth above or debarred or suspended as set 'forth it) paragraI)lI (b)(5).
(d) Debarment and suspension decisions. Subject to the provisions of paragraph (if), the City Manager shalt
render it written decision slating the reasons for the debarment or suspension. A copy of the decision shall
be provided promptly to tire Contractual Party, along with if notice of said parly's right to seek: judicial
relief
1.26. DEB ARREDISUSPENDED Y.E+NDORS —An entity or affiliate who has been placed on the State of
Florida debarred or suspended vendor list may not submit a response on if contract to provide goods 01-
services
rservices to a public entity, may not submit if response on a contract with it public entity for the construction
or repair of a public building or public work, may not submit response on leases of real property to a public
entity, may not award or perform work as it contractor, supplier, subcontractor, or consultant under contract
with any public entity, and may not transact business with any public entity.
1.27. DEFAULTI AILURE TO PFIZFORM - The City shall be the sole judge of nonperformance, which
shall include any failure on the part of the successful Bidder/Proposer to accept the award, to furnish
required documents, and/or to fulfill any portion of this contract within the time stipulated.
Upon default by the successful Bidder/Proposer to meet any terms of this agreement, the City will notify
the Bidder/Proposer of the default and will provide tine contractor three (3) days (weekends and holidays
excluded) to remedy the default. Failure on the contractor's part to correct the default within the required
three (3) days shall result in the Contract being terminated and upon the City notifying in writing the
contractor of its intentions and the effective date of the termination. The following shall constitute default:
A. Failure to perform the work or deliver the goods/services required under the Contract and/or within the
time required or failing to use the subcontractors, entities and personnel as identified and set forth, and to
the degree specified in the Contract.
B. Failure to begin the work under this Contract within the time specified.
C. Failure to perform the work with sufficient workers and equipment.or with sufficient materials to
ensure timely completion.
D. Neglecting or refusing to remove materials or perform new work where prior work has been rejected as
nonconforming with the tenors of the Contract.
E. Becoming insolvent, being declared bankrupt, or committing any act of bankruptcy or insolvency, of-
making
rmaking an assignment for the benefit of creditors, if the insolvency, banluttptcy, or assignment renders the
successful Bidder/Proposer incapable of performing the work in accordance with and as required by the
Contract.
F. Failure to comply with any of the teens of the Contract in any material respect.
All costs and charges incurred by the City as a result of a default or a default incurred beyond the time
limits stated, together with the cost of completing the work, shall be deducted from any monies due or
which may become duc on this Contract.
1.28. DETERMINATION OF RESPONSIVENESS - Each Response will be reviewed to determine if it
is responsive to the submission requirements outlined in the Formal Solicitation. A "responsive" response is
one which follows the requirements of the formal solicitation, includes all documentation, is submitted in
the format outlined in the formal solicitation, is of timely submission, and has appropriate signatures as
required on each document. Failure to compl)l with these r'equirernents may deem a Response
Page 13 of 34
Invitation for Hid (ll'u) ruow-r
Ilan-respor3sr vc.
1.29. DISCOUNTS OhhCRFI) DUkINC•TERM 01, CONTRACT- Discount 1'rice�� offered in the
response shall be lined after the award by the Commission, unless othcrwiu: specified ill the Special Terms
and Conditions. !'rice discount:, Off the origoMl hriccs quoted in the will be accepted fioni
successful 13iddcr(s)/)h"oposer(s) during; thc,term of the contract. SUCII di.YCO[H)h shall remain in effect I'll
D minimum of 120 days from apprr,val by die City Cornntissiou Any discounts offered by a manufacturcr
to !Bidder/Propose+ will be passed on to the Cif}.
1.30. DISCREPANCIES, ElM ORS, AND OMISSIONS - lvey discrepancies:, error,:, or ambiguiLlu; in
the Formal Solicitation or ldJCDdlJ (if any) should be reported in writing! to IIIc City's I'll ICrasing
f>eparlmcnl. Shouhi it he ioond necessary,'i written addendun"r will be incorporated in the Formal
Soliciltuion and will become pall of the purchase agreement (contmG documents). The City will not be
responsible for any unit instructions, clnriGcations, or M IMI COMMUniCA60M.
A. Order ofTrccedencc— Any inwnsislency in this fbroial solicitation shall be resolved by giving
prccedeocc to the following (1ocuments, the first of'sucli list being the governing documents.
I) Addenda (as applicable)
2) Specifications
3) Special Conditions
4) General Terms and Conditions
1.31. EMERGENCY / DISASTER PERFORMANCE - In the event of a hurricane or other emergency
or disaster situation, the successful vendor shall provide the City with the commodities/services defined
within the scope of this formal solicitation at the price contained within vendor's response. Further,
successful vendor shall delivelperforrn for the city on a priority basis during such times of emergency"
1.32. ENTIRE BID CONTRACT OR AGREEMENT - The "L'i'd Contract or Agreement consists of this
City of Miami Formal Solicitation and specifically this General Conditions Section, Contractor's Response
and any written agreement entered into by the City of Miami and Contractor in cases involving RFPs,
RFQs, and RFLIs, and represents the entire understanding and agreement between the parties with respect
to the subject matter hereof and supersedes all other negotiations, understanding and representations, if any,
made by and between the parties. To the extent that the agreement conflicts with, modifies; alters or
change$ any of the terns and conditions contained in the Formal Solicitation and/or Response, the Formal
Solicitation and then the Response shall control. This Contract may be modified only by a written
agreement signed by the City of Miami and Contractor.
1.33. ESTIMATED QUANTTTIES —Estimated quantities or estimated dollars are provided for your
guidance only. No guarantee is expressed or implied as to quantities that will be purchased during the
contract period. The City is not obligated to place an order for any given amount subsequent to the award
of this contract. Said estimates may be used by the City for purposes of determining the low bidder- or most
advantageous proposer meeting specifications. The City reserves the right to acquire additional quantities
at the prices bid/proposed or at lower prices in this Formal Solicitation.
1.34. EVALUATION OF RESPONSES
A.Rejection of Responses
The City may reject a Response for any of the following reasons:
1) Bidden Proposer fails to acknowledge receipt of addenda;
2) Bidder/Proposer mistates or conceals any material fact in the Response ;
3) Response does not conform to the requirements of the Formal Solicitation;
4) Response requiresri conditional award that conflicts with the method of award;
S) Response does not include required samples, certificates, licenses as required; and,
6) Response was nal executed by the bidder's/Proposer(s) authorized agent.
The foregoing is not an all inclusive list of reasons for which a Response may be rejected. The City may
reject and re -advertise for all or any part of the Formal Solicitation whenever it is deemed in the best
interest of the City.
B. Elimination From Consideration
Page 14 of 34
Invitation for Bid (11~13) 108059
3) A contract small licit be awarded to any per:Son or arm which is in arrcan; to tilt Ciry upon ar+)! debt or
contract, o!which is a dcfaultcr as safely or olherwisc upon any obligation to the
2) A coniine( nriy not he awarded to any person or firm which has Pilled to perform under the terms acrd
conclitions of any previous cnntraet with [If(: City or deliver on time contracts of a similar wiltim.
3) A contract may not he awarded to any persue or f71-111 which ha:: beer; debarred by tilt-, Cil)- in
accordance wilh the City's Debarment and Susl-iension Ordinance.
C, Uelermination of'Responsibibly
1) Responses will 0111)' be considered from entities who are regularly engaged in the business of providing
the goods/equipmen(/services rotluired by file formal ,Solicitation. Kidder/1'roposer mus( be able to
dcmonsoate a satisfactory record of p;:rla-manec and integrity; and, have sufficienl financial, nialt:rind,
equipment, facilily, personnel resources, and expertise to meet all contractual requirements. 711e to-rmS
"equipmenf art() organiurtion" as used herein shad) be construed to mean a fully equipped and well
established entity in line with life best industry practices in the industry as cletcrrnined by the City.
2) The City may consider any evidence available regarding the financial, technical and other qualificatioias
and abilities of a Bidder/Proposer, including past performance (experience) with theCity or any other
governmental entity in making the award.
3) The City may require the Bidder(S)/Proposer(s) to show proof that they have been designated as an
authorized representative of;) manufacturer or supplier which is the actual source of supply, if requiree) by
the Formal Solicitation,
1.35.'EXCEPTiONS TO GENERAL AND/OR SPECIAL CONDITIONS OR SPECIMCATIONS -
Exceptions to the specifications shall be listed on the Response and shall reference the section. Any
exceptions to the General or Special Conditions shall be cause for the bid (IFB) to be considered
nog -responsive. It also may be cause fo a RFP, RFQ, or RFLI to be considered non-responsive; arid, if
exceptions are taken to the terms and conditions of the resulting agreentertt it may lead to terminating
negotiations.
3.36. F.O.E. DESTINATION- Unless otherwise specified in the Formal Solicitation, all. prices
quoted/proposed by the bidder/proposer must be F.O.B. DESTINATION, inside delivery, with all delivery
costs and charges included in the bid/proposal price, unless otherwise specified in this Formal
Solicitation. Failure to do so may be cause for rejection of bid/proposal.
1.37. FIRM PRICES - The bidder/proposer warrants that prices, terms, and conditions quoted in its
response will be firm throughout the duration of the contract unless otherwise specified in the Fornral
Solicitation. Such prices will remain firm for the period of performance of- resulting purchase orders or
contracts, which are to be performed or supplied over a period of time.
1.35. FIRST -SOURCE HIRING AGREEMENT (Sec. 18-105)
(a) The Commission approves implementation of the first -source hiring agreement policy and requires
as a condition precedent to the execution of service contracts for facilities, services, and/or receipt of grants
and loans, for projects of a nature that create new jobs, the successful negotiation of first -source hiring
agreements between the organization or individual receiving said contract and the authorized representative
unless such an agreement is found infeasible by the city manager and such finding approved by the City
Commission at if public hearing.
(b) For the purpose of this section, the follovring terms, phrases, words and their derivations shall have
the following meanings:
Authorized representative means the Private Industry Council of South Florida/South Florida Employment
and Training Consortium, or its successo as local recipient of federal and state training and employment
funds.
Facilities means all poblic)y financed projects, including but without limitation, unified deve.loprnent
projects, municipal public works, and municipal improvements to the extent they are financed through
public money services or the use ofpubiicly owned property.
Grants and loans means, without limitation, urban development action grants (UDAG), economic
development agency cotsuuction loans, loans from Miami Capital Development, Incorporated, and all
federal and state grants administered by the city.
Page 15 of 34
Invitation for Bid (1 FB) i (78059
Service contracts mcana conUnCL, for the: procurement of scrviees by the city which incluck professional
servicm.
Service!; includes, without limitation, public'worlcs improvements, 1216Ji6cs, professional services,
commodities, suppfies, materials and uluiprrrcnt.
(c) The aulhonyrd reprmentativc shall negotiate each fiirst-source buinf; agreement,
(d) The primary beneficiaries 01'11)C first -source hirinZ agreement shall be p<rrticipants oI the city
training ant) employment programs, and other residents of the City.
1.39. )!LORMA MINIMUM WAGE - The Constitution nrthe State of Morichi, Arlicic X, Section 24,
states that employer:: shall pay employee wages no less than file minimum wage for all hour!; worl:e:d in
Fiorid2i. Accordingly, it is Ilse eoniractor's and its' subconu•acmr(s) responsibility to understand and
comply with lhi:; Florid constitutional minimum wage ruluircment and pay its employees the current
established hourly minimum wage rate, which is subjeci to change or adjusted by the rate of inflation using
the Cnsumer price hider, for urban wage earners and clerical workers, CM -W, or a successor index as
calculated by the United States Departmenl of Labor. Each adjusted minimum wage rate ariculated shall
be determined and published by the Agency Workforce innovation on September 30th of each) year and
take effect on file following January list.
At the time of responding, it is bidder/proposer and his/her subcontractor(s), if applicable, full
responsibility to determine whether any of its employees may be impacted by this Florida Law at any given
point in time during the term of the contract. If impacted, bidder/proposer mast furnish employee name(s),
job title(s), job description(s), and current pay rate(s). Failure to submit this iuforrnation at the time of
submitting a response constitute successful bidder's/proposer's acknowledgement and understanding that
the Florida Mininnrm Wage Law will not impact its prices throughout the temp of contract and waiver of
any contractual price increase request(s). The City reserves the right to request and successful
bidder/proposer must provide for any and all information to make a wage and contractual price increase(s)
determination.
1.40 CITY OF MIAMJ LIVING WAGE ORDINANCE- Tile City of hfiami adopted a living wage
ordinance for city service contracts awarded by the City containing a total contract value exceeding
5100,000 annually for the following services: food preparation and/or distribution; security services;
routine maintenance services such as custodial, cleaning, computers, refuse removal, repair, refinishing and
recycling; clerical or other non -supervisory office work, whether temporary or pennanent; transportation
and parking services, printing and reproduction services, landscaping, lawn, and or agricultural services.
If this solicitation requires the aforementioned services, effective on April 1, 2005, contractors must pay
its' employees a living wage no less than SI 1.21 an hour with a health benefit plan and not less than S 12.46
an hour without health benefits, which shall be adjusted annually by no later than April 1 St following the
publication of the U.S Department of Health and Human Services Poverty Guidelines, as published from
time to time.
A service contractor is defined as any "for profit" individual, business entity, corporation, partnership,
limited liability company, joint venture, or similar business: (1) Paid in whole or part from one or more of
the city's general funds, capital project funds, special revenue funds, or any other funds either directly or
indirectly, whether by competitive bid process, informal bids, requests for proposals, some form of
solicitation, negotiation, or agreement, or any other decision to enter into a contract; and, (2) The service
contractor is engaged in the business of, or part of, a contracl or a subcontract to provided covered services,
either directly or indirectly, for the benefit of the city. This does not aply to contracts related primarily to
the sale ofproducts or goods.
The service contractor, prior to entering any such contact, must certify to the city that it will pay each of
its covered employees no less than the living wage. A copy of this certificate must be made available to the
public upon request The certificate, at a minimum, must include the following:
(1) The name, address, and phone number of the employer, a contact person, and the specific project for
Which the service contract is sought;
(2) The amount of the service contract and the city department the contracl will serve.
(3) A brief description of the project or service provided;
(4) A statement of the wage levels for all covered employees; and
Page 16 of 34
Jnvfl.ntioi for Bit (1FB) 108059
(5) A =1111,itnlenl to pap all covered e mployecr; fhe )ivir,g ways.
A copy of IivinZ wage rale sh;il) be kept posted by the service contractor a( Urc site of tiro work in it
prominent plac(: where ii can easily be seem and read by the covered empinyces and shall be slipplied to
such employees within a reasonable lime afler si roducsi to do so. Addilionally, service contractors shall
furnish a copy of dic recluirennents of the City of iVlianri Living lAr;ipt: Didivancc tc any entivy subrnittii)g it
bid for a subcontract ori mry service conUNacl sub.jccl to 11w; artie)c. } o:sing requirenncn S will 1101 bt;
required where the service contractor prints the following ;tatenrent:; on the front of the covered employee`:;
first paycheck and every sb: months lhereafter. "You are required by Ow Cily of Miami Living Wage
Ordinance to be paid a Living bVagc. I1'you do not believe you being paid at the Living Wagc rate, contact
your employer, an attorney, w the City of Miami-" All notices will be printed in English, Spanish olid
Creole.
Service Contractors .rnd their subcontractor:; agree to produce all documcnis and records relating to payroll
and compliance this; Ordinancc. Each service contractor shall maintain payrol) record: for all covcv-ed
employees and basic records relating thereto and shall preserve them for a period of three (3) years from
the date of termination or expiration of the service contract. Thu records shall contain
(1) The name and address of each covered employee;
(2) Thejob title and classification,
(3) The number of hours worked each day;
(4) The gross wages earned ttnd deductions made;
(S) Annual wages paid;
(6) A copy of the social security returns and evidence of payment thereof;
(7) A record of fringe benefit payments including contributions to approved plans; and
(S) Any other data of information the city require from time to time.
Every six months, the service contractor shall file with the city's procuEnneni director a listing of all
Covered employees together with a certification of compliance with this article. Upon request frons the
city, the service contractor shall produce for inspection and copying its payroll records for any or all of its
covered employees for any period covered by the service contract. The city may examine payrol I records as
needed to ensure compliance.
Failure to comply with the City of Miami Living Wage Ordinance may result in legal action, by the
covered employee orformer covered employee as allowed by Florida Law, court impose sanctions, city
impose sanctions, such as pay wage restitution, impose monetary damages, suspension or termination of
payment, termination of contract, and debarment.
Please review City of Miami Code Section 18-556 through Section 18-559 for a complete and thorough
description of the City of hflanni Living Wage.
1.41. GOVERNING LAV' AND VENUE - The validity and effect of this Contract shall be governed by
the laws of the State of Florida. The parties agree that any action, mediation or arbitration arising out of this
Contract slral) take place in Miami -Dade County, Florida.
1.42, HEADINGS AND TERMS - The headings to tine various paragraphs of this Contract have been
inserted far convenient reference only and shall not in any manner be construed as modifying, amending or
affecting in any way the expressed terms and provisions hereof.
1.43. HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT (HIPPA) - Any
person or entity that performs or assists the City of Miami with a function or activity involving the use or
disclosure of "individually identifiable health information (III -JI) and/or Protected Bca)th Information (PHI)
S11,911 comply with the Health ]Insurance Portability and Accountability Act (1-IIPAA) of 1996 and the City
of Miami Privacy Standards. HIPAA mandates for -privacy, security and electronic transfer standards,
which include but are no( limited to:
A. Use of information only for performing services required by the contract or 'as required by law;
P. Use of appropriate safeguards to prevent non -permitted disclosures;
C. Reporting to the City of Miami of any nonynermitted use or disclosure;
D. Assurances that any agents and subcontractors agree to the same restrictions and conditions Thal apply to
Page J 7 of 34
Inv'mition for Bid (fFB) 108059
the ISidder/Proposer and reasonable: assurances that IIf•f I/P1-1i will be )ICld confidenwil,
E. Making I'rotccled 1-1odd; 111formation (111-11) available: to the customer;
F. Making PHI available to file customer for review and amendment; and incorporaljig any amendments
requestrd by the customer;
C. Making, PHI available to file City of Miami for an accounting of disclosures; and
fl. Making internal practices, book:, and records related to i'I-11 available to the Cil)' of Miami for
compliance audits.
111.1) shall maintain its protected statte; regardless of the form and nncthod of li-ansnnission (paper record:;,
andlor electronic transfer of data). The ijidtler/ Proposer must give its custonncrs written notice of its
privacy information practices including, specifically, a description of die lyires of uses and disclosures 111,11
would be made with protectecl health iniarmmion.
1.44. INllI;MNIFICATfON - The Contractor shall indemnify and save harmless forever the City, and all
the Cily's agents, officers and employees fiom and against all charges or claims resulting frons any bodily
in loss of life, or dannagc to property linen any act, omission or neglect, by itself or its employees; file
Contractor shall become defendant in every suis brought for any of such causes of action against the City of-
the
rthe City's officials, agents and employees; the Contractor shall further indemnify City as to all costs,
attorney's fees, expenses and liabilities incurred in the defense of <rny such claims and any resulting
investigation.
1.45. INFORMATION AND DESCRIPTIVE LITERATURE—Bidders/Pr000scr must furnish all
information requested in the spaces provided in the Formal Solicitation. Further, as may be specified
elsewhere, each Bidder/Proposermust submit for evaluation, cuts, sketches, descriptive literature, technical
specifications, and Material Safety Data Sheets (1v1SDS)as required, covering the products offered.
Reference to literature submitted with a previous response or on file with the Buyer will not satisfy this
provision.
1.46. INSPECTIONS - The City may, at reasonable times during the term hereof, inspect Contractor's
facilities and perform such tests, as the City deems reasonably necessary, to determine whether the goods
and/or services required to be provided by the Contractor under this Contract conform to the teens and
conditions of the Formal Solicitation. Contractor shall make available to the Cit) all reasonable facilities
and assistance to facilitate the performance of tests or inspections by City representatives. All tests and
inspections shall be subject to, and made in accordance with, the provisions of the City of Miami Ordinance
No. 12271 (Section 18-79), as same may be amended or supplemented from time to time.
1.47. INSPECTION OF RESPONSE - Responses received by the City pursuant to a Formal Solicitation
will not be made available until such time as the City provides notice of a decision or intended decision or
within 10 days after bid closing, whichever is earlier. Bid/Proposal results will be tabulated and may be
furnished upon request via fax or e-mail to the Sr. Procurement Specialist issuing the Solicitation.
Tabulations also are available on the City's leVeb Site following recommendation for award.
1.48. INSURANCE - -Within ten (10) days after receipt of Notice of Award, the successful Contractor,
shall furnish Evidence of Insurance to the Purchasing Department, if applicable. Submitted evidence of
coverage shall demonstrate strict compliance to all requirements listed on the Special Conditions entitled
"Insurance Requirements". The -City shall be listed as an "Additional Insured."
Issuance of a Purchase Order is contingent upon the receipt of proper insurance documents. If the
insurance certificate is received within the specified time frame but not in the manner prescribed in this
Solicitation the Contractor shall be verbally notified of such deficiency and shall have an additional five (.5)
calendar days to submit a corrected certificate to the City. if the Contractor fails to submit the required
insurance dOCUmeInlS in the manner prescribed its this Solicitation within fifteen (15) calendar days after
receipt Notice of Award, the contractor shall be in default of the contractual terms and conditions and shall
not be awarded the contract. Under such circumstances, the Bidder/Proposer may be prohibited from
submitting f-uture responses to the City. Information regarding any insurance requirements shall be directed
to the Risk Administrator, Department of Risk Manabenaent, at 444 SV,r 2nd Avenue, 9th Floor, niiarni,
Florida 33130, 305-4)6-1604.
The Bidder/Proposer shall be responsible for assuring that the insurance certificates required in
conjunetiolr with this Section remain in effect for the duration of the contractual period; including any and
all option terms that may be granted to fine Bidder/Proposer.
Page 18 of 34
Invitation for Bid (IFB) 108059
1.49. INVOICES - Invoices ;;hall contain+ fxuc;hase order number zind details of good:; and/or service:;
delivered (i.c quanGiy, unit price, extended price, et(;); and in compliance will Chapter 218 of the Florida
Slawles (Prompt 1'ayrncnt Act).
I.St). LOCAL. I'ItEFERENCE - City Code Sectlorn 1 £;-£15, slate.; that the City Commission ma}, oiler to a
responsible and responsive bidden/proposer, who maintain," a Local Of fec, tfic opporlumly ofaccepling a
bid a1 the low bid amount, if the original bid WMAIIIi submitral by the local vendor is not more than I=
percent (10%) tri excess of the IOWCSI other responsible and responsive bidder/proposer.
1.51. MANUFACTIMEWS CERTIFICATION -Thc City reserve., the right to retjucst from
bidders/proposen; a separate Certification of all statement:, n-radc tri the bid/proposal.
Failure to provide such cerlifiaaborr may result in the rejection of bid/proposal ar termination of
contract/agrcemenl, for which the bidder/proposer mast bear full liability,
1.52. MINORITY/WOMEN PROCUREMENT PROGRAM - Ordinsurce NO. 10062, a:; amended, titled
the ivtinority and Women Business Affairs and Procurement Ordinance of the City of ivhami, Florida, sets
forth ".,,a goal of awarding a1 ]cast 51 perccIII of tht City's tOlal annual dollar volume oral) c>:pendittu'CS
for all goods and services to Black, hispanic and Womcn minority business enterprises on an equal basis.°
A minority business enterprise is defined a..; a business firm "...in which at least 51 percent of said
enterprise Is owned by Blacks, Hispanics, orWomen and whose management and daily business operations
are controlled by one or mor; Blacks, Hispanics or Women."
To achieve the goal established by these Ordinances, participation in providing goods and services to the
City by minorilies is being encouraged in a number of ways. All bidders/proposers doing business with the
City are encouraged to include the participation of minority firms in their response. In evaluating
bids/proposals for determination of awards, minorih, participation may be a factor. Failure to adequately
involve minority firms may be a basis for rejecting any and all responses.
Possible ways to include minority participation would involve:
A. Joint venture with i minority finn(s)
B. Utilizing minority, rirn(s) as Subcontraet0l(S).
C. Utilizing minoring finn(s) to supply goods and/or services.
D. Successfirl Implementation of well defined affirmative action program.
E. Other forms of minority participation, if properly documented.
Successful bidder(s)lproposer(s) shal l be required to establish an Affimnative Action Plan, if not, an
Affirmative Action Policy shall be established, pursuant to Ordinance 410062 as amended. Effective date
of implementation must be indicated on the policy.
A "Minority Status lnfornation Sheet" is provided to assist bidders/proposers in presenting information
concerning minority participation.
Minority and women -owned business firms are encouraged, but not required, to register with the City prior
to submitting a response. The Purchasing Department, MinorityNIomen Business Affairs Office, will
provide the necessary forms and instructions upon request. All bidders/proposers are urged to submit
responses for any goods orsen6ces that they are able to supply, regardless of minority classification.
However, compliance with all requests for information regarding Minority/Women Status or Participation
is required. Bidder's/Proposer's cooperation is greatly needed to aid the City in achieving its goal.
Bidders/Proposers may contact this Office at (305) 416-1913 for information.
1.53. MODIFICATIONS OR CHANGES IN PURCHASE ORDERS AND CONTRACTS - No
contract or understanding to modify this Formal Solicitation and resultant purchase orders or contracts, if
applicable, shall be binding upon the City unless made in writing by the Director of Purchasing of the City
of Miami, Florida through the issuance of a change order, addendum, amendment, or supplement to the
contract, purchase order en award sheet as appropriate.
1.54. NO PARTNERSHIP OR JOINT VENTURE - Nothing conlained in this Contract will be deemed
or construed to create a partnership or joint venture between the City of Miarni and Contractor, or to create
any other similar relationship between the parties.
1.55. NONCONFORINgANCE TO CONTRACT CONDITIONS - Items may be tested for compliance
With specifications Undri the direction of the Florida Department of Agriculture and Consumer Services or
Page 19 of 34
by other appropriate tcstinl; I.aboratoIies as determined b), the t ily_ The Batt, derived from any test for
compliance will) specification:; is public record and opal to cxamiflit tiou thereto in accordance with
Chit ptcI 1 19, Florida Slit Ill es diems delivered not conforming to specification; many be rejected an
returned a1 1:31dder's/11roposer's expense. Thcsc non -Con fi)rnling items mol (ICliverofI a:; per delivery data: in
life response andlor 11111-ehaR Order stay resuh in bidder/propose) being fount) iu defaull Ill which event
1111)' 111](1 all re-hrocurentenI cost:; may be charged against the Cie hat lic(I contractor. Any violation of these
Stipultal 0)1s may also reAul! MI IW supplier',, name beifIV, removed from flat City of Miami's Supplier':, list.
1.50. NONDISCRIMINATION —Bidder/Proposcr agrees dial it shall not discriminate a:; to race, sux,
colon, age, religion, national origin, rnuridtal status, or disability in connection with its performance wader
dris formal solicitation. Turlhermorc, Bidder/Proposer ngr=!; ilml no 0141 -wise qualified individual shall
solely by reason of hishin race, sex, color, age, religion, national origin, marital status or disability be
excluded frons the participation in, be denied benefits of, 1]r be subjeetecl to, diAe2"Iminal,1011 under any
program or activity.
]n connection with the conduci of its business, including performance of services and cmploymcnt of
personnel, Bidder/lImposershall not discrintinalc against any person on the basis of*racc, color, religion,
disability, age, sex, ntaritad status or natiomll origin. All person:; having appropriate qualifications shall be
afl:orded equal opportunity for employment.
1.57. NON-EXCLUSIVE CONTRACT/ PIGGYBACK PROVISION - At such times as may serve its
best interest, the City of Miami reserves the right to advertise for, receive, all([ award additional contracts
for these herein goods and/or services, and to make use of other competib vel), bid (governmental)
contracts, agreements, or other similar sources for the puaehase of these goods and/or services as may be
available.
11 is hereby agreed and understood that this formal solicitation does not constitute file exclusive rights of
the successful bidders)/proposer(s) to receive all orders that may be generated by the City in conjunction
with this Formal Solicitation.
In addition, any and all commodities, equipment, and services required by the City in conjunction with
construction projects are solicited under a distinctly different solicitation process and shall not be purchased
under the terms, conditions and awards rendered under this solicitation, unless such purchases are
determined to be in the best interest of the City.
1.55. OCCUPATIONAL LICENSE - Any person, fimt, corporation or joint venture, with a business
location in the City of Miami and is submitting a kesponse under- this Formai Solicitation shall meet the
City's Occupational License Tax requirements in accordance with Chapter 31. 1, Article I of the City of
Miami Charte. Otbers with a location outside the City of Miami shall meet their local Occupational
License Tax requirements. A copy o`the license must be submitted with the response; however, the City
May at its sole option and in its best interest allow the Bidder/Proposer to supply the license to the City
during the evaluation period, but prior to award.
1.59. ONE PROPOSAL - Only one (I ) Response from an individual, firth, partnership, corporation or
joint venture will be considered in response to this Formal Solicitation. When submitting an alternate
response, please refer to the herein condition for "Alternate Responses May Be Considered".
1.60. OWNERSHIP OF DOCUMENTS - It is understood by and between the parties that any documents,
records, files, or any othm matter whatsoever which is given by the City to the successful Bidder/Proposer
pursuant to this formal solicitation shall at ail times remain the property of the City and shall not be used by
the Bidder/Propose fm any oche purposes whatsoever without the written consent of the City.
1.11. PARTIAL INVALIDITY- If any provision of this Contract or the application thereof to any person
or circumstance shall to any extent be held invalid, then the remainder of this Contract or the application of
such provision to persons or circumstances other than those as to which it is held invalid shall not be
affected thereby, and each provision of this Contract shall be valid and enforced to the fullest extent
permitted by law.
1.62 PERFORMANCEIPAYMENT BOND —A Contractor may be required to furnish a
PerformancefPayment Bond as part of the requirements of this Contract, in an amount equal to one hundred
percent (100%) of the contract price.
P.69. PREPARATION OF RESPONSES (HARDCOPY FORMAT)—Bidders/Proposers are expected to
Page 20 of 34
invitation for Bid (IFB) 10 059
examine the slrccifications. required delivery, chawJngs, and all special and general condition:;. All
bid/proposal amount::, if required, shall be either lypewrittell or entered intu the• space provided with irrh.
N110ure to du so will be al the Bidder's/l'roposer's risk.
A. Each IJiddcr/Proposer shall furnish the in4urmati011 required in the Formal SOlicitallnll. The
Bidder/Proposer shall sign the Response and print in ink or lype the name of the IHiddcr/Proposer, address,
and tcicphone number or, the face peke and on each continuation sheet thereof ori whicl, he/she nlakex an
errUy, a;; required.
13. if sn required, the unit price far each unit offered shall be shows, and such price shall include
packaging, handling and shipping, and F.O.B. Miami delivery inside City premises unless otherwise
specified, Bidder/Proposer shall include in the response all taxes, insurance, socia) sectrril��, workmen's
compensmion, and any other bencfrls normally paid by the Bidder/Proposer to it:; employees. 11'
applicable, a unit price shall be clJtered in the "Unit Price" column far each ileal. Based upon estimated
quauntity, an extended price shall be entered in the "Extended Price" colrunn 'for cacti item offered. ]n case
of a discrepancy between the unit price and extended price:, the unit price will be presumed correct.
C. The Bidder/Proposer mot;t state a definite time, if required, in ealcrndar days for delivery of goods
and/or services.
D. The Bidder/Proposci should retain a copy of all response documents for future reference.
E, All responses, as described, must be fully completed and typed or printed in int: and Must be signed in
ink with the firm's name and by an officer or employee having authority to bind the company or firm by
his/her signatme. Bids/Proposals having any erasures or corrections must be initialed in ink by person
signing the response or the response may be rejected.
F. Responscy are to remain valid for at least 180 days. Upon award of a contract, the content of the
Successful Bidder's/Proposer's response may be included as part of the contract, at the City's discretion.
G. The City of ivtiami's Response Forms shall be used when Bidder/Proposer is submitting its response in
hardcopy fonnat. Usc of any other fortes will result in the rejection of the response. IF SUBMITTING
HARDCOPY FORMAT, THE ORIGINAL AND THREE (3) COPIES OF THESE SETS OF FORMS,
UNLESS OTHERWISE SPECIFIED, AND ANY REQUIRED ATTACHMENTS MUST BE
RETURNED TO THE CITY OR YOUR RESPONSE MAY BE DEEIvfED NON-RESPONSIVE,
1.64. PRICE ADJUSTMENTS - Any price decrease effectuated during the contract period either by
reason of market change or on the part of the contractor to other customers shall be passed on to the City of
Miami.
1.65. PRODUCT SUBSTITUTES - In the event a particular awarded and approved manufacturer's
product becomes unavailable during the term of the Contract, the Contractor awarded that item may
arrange with the City's authorized mpi-csentative(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 -
1.66. CONFLICT OF INTEREST, AND UNETHICAL BUSINESS PRACTICE PROHIBITIONS -
Contractor represents and warrants to the City that it has not employed or retained any person or company
employed by the City to solicit or secure this Contract and that it has not offered to pay, paid, or agreed to
pay any person any fee, commission, percentage, brokerage fee, or gift of any kind contingent upon or in
connection with, the award of this Contract
1.67. PROMPT PAYMENT-Bidders/Proposers may offer a cash discount for prompt payment; however,
discounts shall not be considered in determining the lowest net cost for response evaluation purposes.
Bidders/Proposers arc mquircd to provide their prompt payment terms in the space provided on the Formal
Solicitation. If no prompt payment discount is being offered, the Bidder/Proposer must enter zero (0) for
the percentage discount to indicate no discount. If the Bidder/Proposer fails to enter a percentage, it is
understood and agreed that the terms shall be 2% 20 clays, 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
Page 21 of 34
is authorized. 11 a discount is plat Of the contract, but the invoice doe:, not reflect the existcnrc cite atIsh
disunmL Lhe Gly is entitled to a cash dISCOtInt with floe period cotilnrencinf; on the date it is determined by
the City that if cash discount appfic:;'
Price disco till oft the original prices (luotcd on qrc i'ricc Sheet will be accepted from succussfitI
biduerslproptisers during the tern) of the contract.
1.6f;. PROPEPTY - Property owned by [lie City of Jvliami is IIIc responsibility of the City of lAm mi. Such
property furnished to a Contractor for repair, mollification, study, etc., shall remain the property of the City
of Miami. Damage;; to such properly occurring ",bile in lilt: possession oflilt: Contractor shall be !hc
respornsibility of file Contractor. Darnabcs occurring to suCJ) property while in route to the C'it.y Offvlitnni
shall be the responsibibly of the Contractor. Ln the evenl that such property is tlestroyctl or declared tr Intal
loss, file C:ontrretor shall be responsibic for replacement value of the property III the current inarket value,
less depreciation of file properly, if any.
1.69. PROVISIONS I3INDING - Except as otherwise expressly provided in the rcstilting Contract, all
covenants, conditions and provisions Of flic resulti%, Contract shall be binding upon and shall inure to file
benefit of the parties hereto and their respective heirs, legal representatives, successors and assigns.
1.70. PUBLIC ENTITY CRIMES - A person or af(Jiate who has been placed on the convicted vendor list
foJJOwung it conviction for a public entity crime may not submit ti response on a contract to provide- any
goods or services to a public entity, may not submit a response on a contract with It public entity for the
construction or repair of if public building Of public work, may not submit responses on leases of real
property to a public entity, may not be awarded or perform wort; as a contractor, supplier, subcontractor, or-
consultant
rconsultant under a contacl with any public entity, and may not transact business with ani, 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.
1.71. PUBLIC RECORDS - Contractor understands that the public shall have access, at all reasonable
times, to all documents and information pertaining to City contracts, subject to the provisions of Chapter
119, Florida Statutes, and City of Miami Code, Section 18, Article III, and agrees to allow access by the
City and the public to all documents subject to disclosure under applicable law. Contractor's failure Or -
refusal to comply with the provision of this section shall resuJI in the immediate cancellation of this
Contract by the City.
1.72. QUALITY OF GOODS, MATERIALS, SUPPLIES, PRODUCTS, AND EQUIPMENT - All
materials used in the manufacturing or construction of supplies, materials, Or equipment covered by this
solicitation shall be new The items bid/proposed must be of the latest make or model, of the best quality,
and of the highest grade of workmanship, unless as otherwise specified in this Solicitation.
1.73. QUALITY OF WORIUSERVICES - The w&1c'services performed must be of the highest quality
and woitinanship. Materials furnished to complete the service shall be new and of the highest quality
except as otherwise specified in this Solicitation.
1.74. REMEDIES PRIOR TO AWARD (Sec. 15-106) - If prior to Contract award it is determined that a
formal solicitation or proposed award is in violation of law, then the solicitation or proposed award shall be
cancelled by the City Commission, the City Manager or the Chief Procurement Officer, as may be
applicable, or revised to comply with the law.
1.75. RESOLUTION OF CONTRACT DISPUTES (Sec. IS-) 05)
(a) Authority to resolve Contract disputes. The City Manager, after obtaining the approval of the city
attorney, shall have the authority to resolve controversies between the Contractual Party and the city which
arise under, or by virtue of, a Contract between them; provided that, in cases involving an amount greater
than 525,000, the Cily Commission must approve the City Manager's decision. Such authority extends,
without limitation, to contoversies based upon breach of Contact, mistake, misrepresentation or Jack of
complete performance, and shall be involced by a Contractual Party by submission of a protest to the City
Manager.
(b) Contac( dispute decisions. If a dispute is not resolved by nurtual consent, the City Manager shall
promptly render a written report stating the reasons for the action taken by the .City Commission of 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
Page 22 of 34
I11Viiuuv11 - --._ ,
pally shall not be cntillcd to such judicial relief Withouf first having followed the procedure set forth in this
solium.
1.70. RESOLUTION Op PKU'fhS"f I'st7 SC)L,1C1TA'('IUNS AND A WA RUS (Sec. I f -104)
(a) Right to protest. The following procedure": shall be used for resolution of protested solicitations and
trwards cxeehl for purchases ofgoods, supgrlics, equipment, and services, the estimated cosi of which does
not exceed 5,'25,0M,
Protesl:; thereon shall be governed by file Administrative Policia; and 1'roacdures of Purehasirrg.
LI'rotcst ofSnlicitatgon.
i. Any prospective proposer who perceives itself aggricvc(I in connection witi) tyre solicitation of a Contract
may protest to the Chief Procurement Officcr. A written notice of Inicnt to file a protesf shall be filed will;
the ChidProcuremcnl Officer within thrcc days after the Requcsi for Proposals, Request inr Qualificatiow,
or Request for Letters of Imerest is published in a ncwspagier of general circulation. A notice of intent to
file if protest is considered Filed when Iuccived by the Chief i'rocuremcnl Officer, Of
ii. Any prospective bidder who intends to coriwsi the Solicitation Specifications or it solicitation may
protest to the Chief Procurement Officer. A written notice of intent to file a.protesl shall be filed with the
Chief Procuremenl Officer within three days atter tale solioitatioi is published in a newspaper of general
circulation. A notice of intens to file a protesf is considered filed when received by the Chief Proctn•ement
Officer.
2. Protest of Aw:n-d.
i. Any actual proposer who perceives itself aggrieved in connection with the recommended award of
Contract may protest to the Chicf Procurement Officer. A written notice of intent to file if protesf shall be
filed with the Chief Procurement Officer within two days after receipl by the proposer of the notice of tire
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 LLS. mail, retum receipt requested. A notice of
intent to file it protest is considered filed when received by the Chief Procurement Officer; of-
ii.
rii. Any actual Responsive and Responsible B idder whose Bid is lower than that of the recommended bidder
may protest to the Chief Procurement Officer. A written notice of intent to file if 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 receipf by bidder of such notice shall be
confirmed by the city by facsimile or electronic mail or U.S. mail, retum receipt requested. A notice of
intent to file a protest is considered filed when received by the Chief Procurement Officer.
iii. A written protest based on any of the foregoing must be submitted to the Chief Procurement Officer
within five (S) 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 mol challenge the relative weight of the evaluation criteria or the fomlilla 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 Procurcment Officer at the time of filing the protesf shall be permitfe-d 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 Of defa1111 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 neat day which is
neither it Saturday, Sunday or legal holiday. Inter -mediate Saturdays, Sundays and legal holidays shall be
excluded in the computation of the time for filing.
(b) Authority to resoive protests. The Chief Procurement Officer shall bave the authority, subject to the
approval of the Cily Manager and the city atlo'ney, to settle and resolve any written protest. The Chief
Procurcment Officer shall obtain the requisite approvals and communicate said decision to the protesting
party and shall submit said decision fo the City Commission within 30 days after hefshe receives the
Page 23 of 34
Invitation for Laid (IFB) 108059
protest. In cases hrvolving more time ,$;25,000, the decision of the Chief Procurement Officcr shall be
subnritt.cd fbr approval ur disapproval thcrco'' Io the City Cumnzissivn after a favoriihle rccomnrcndtrtion by
the city atlorncy and the City Manager.
(c) Compliance with filing rcquircment;;. i";IiILIIC Of 1i pari), to lithely file either the notice o(inten( to flit: a
protest or the written protest, lobetbcr with the required Filing, Fec as provided ill subsecliorl (f), with the
Chief I'mcurcmenl Officer within the lime provided in subsection fa), above, stall constitute ai forfeiture of,
such party's right 10 file a protest purxuan[ to this section The protesting party shali not be entitled to seem
judicial relict withou! iirsi having followed the ixocedeu•c ',Cl forth in [hi:: section
(0) Sl;))' of Procurements during protest::. t)pou receipt Of"] written protest filed pm:tivanl to the
requirements of this section, Life city shall nol proceed further with the solicitation 0? with the award of the
Contract until file protes( is resolved 1)y the Chief 1'rocurentcnl Officer or the City Cornmismou as provided
in subsection (b) above, unless the City Manager makes o written determination [hili the solicitation process
or the Contract award mus[ be con[in=d withoul delay in order to avoid all immediate and serious dw)gcr
to the public killth, safcry or welfare.
(e) Costs. All costs accruing from a protest shall be ass+.rmcd by the protestor.
(f) Filing Fee. Thu written protest must be accompanied by a filing fee in the form of a money order or
cashier's checl; payable to the city in an amount equal to one percent of the amount of the Bid or proposed
Contract, or 5,500U.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 tour( proceeding. If ti prates( is upheld by
the Chief Procurement Officer and/or the City Commission, as applicable, the filing fee shall be refunded
LO the protestor less any costs assessed Linder subsection (e) above. If the protes) 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.
1.77. SAMPLES - Samples ofitems, when required, most he submitted within the time specified at no
expense to the City. if not destroyed by testing, bidder(s)/proposer(s) will be notified to remove samples,
at their expense, within 30 days after notification. FailLlre to remove the samples will result in the samples
becoming the property of the City.
1.7S, SELLING, TRANSFERRING OR ASSIGNING RESPONSIBILITIES - Contractor shall not sell,
assign, tranSfer or subcontract at an), time during the term of the Contract; or anypart of its operations, or,
assign any portion of the performance required by this contract, except under and by virtue of written
permission granted by the City through the proper officials, which may be withheld or conditioned, in the
City's sole discretion.
1.79. SERA710E AND WARRANTY —When specified, the bidder/proposer shall define all warranty,
service and replacements that will be provided. Bidders/Proposer must explain on the Response to what
extent warranty and service facilities are available. A copy of the manufacturer's warranty, if applicable,
should be submitted with.your response.
1.80. SILENCE OF SPECIFICATIONS - The apparent silence of these specifications and any
supplemental specification as to any detail or the omission from it of detailed description concerning any
point shall be regarded as meaning that only the best commercial practices are to prevail and that only
materials of first quality and correct type, size and design are to be used. All worlurnanship and services is
to be first quality.
All interpretations of these specifications shall be made upon the basis of this statement.
If your firth has a current contract with the State of Florida, Department of General Services, to supply the
items on this solicitation, the bidder/proposer shall quote not more than the contract price; failure to comply
with this request will result in disqualification of bid/proposal.
1.81. SUBMISSION AND RECEIPT OF RESPONSES - Responses shall be submitted electronically via
the Oracle System or responses may. be submitted in hardcopy format to the City Clerk, City Nall, 3500
Pan American Drive, Miami, Florida 33133-5504, a( or before, the specified closing date and lime as
designated in the iFB, UP, RFQ, or RFL). NO EXCEPTIONS. Bidders/Proposers are welcome to attend
the solicitation closing; however, no award will be made at that time.
A. 1-lardcopy responses shall be enclosed in a sealed envelope, box package. The face of the envelope,
box or package must show the hour and date specified for receipt of responses, the solicitation number and
Page 24 of 34
D)VIH nun Imo, ,
tide; anti the nanne and reuun rd dress of' thc biticim/Proposer- 11ndcopy responses not subrnitlud on the
requisite Rusponsc F ortns may be rejected. 1-lardcohy response:; recoivctl at any other location than t.hc
specified shtrll be decn)ctl non-responsive.
Directions to Cita- Hall,
FItOM TJ -11: -140k7H: 1-95 SOUTH UNTIL. 17 TU1.NS INTO USI. US i SOUTH TO 27TH AVL,,
TURN LEFT, PROCEED SOUTH TO SO. DAYSI-IORE Dit (31iD TICAFF)C L1Cil IT), TURN LL'fT, i
BLOCK TUIcK; MGHT OKI P/vN AMERICAN T.M. CITY HALL iS AT THE: END OF PAN
AMhRICA1\1 DR, PARI,MG IS ON RIGHT.
FROM TH SOUTH USI NOItTiI TO 27TH AVENUE:, TUia,,1 RICA -11, 11100: D SOUTH TO SU.
DAYSHORE DK (31(D TzAFFICUGHT), TURN LEFT, I BLOCK TURN Ii101-31 ON PAN
AMERICAN DI(. CITY HALL IS AT THE END OFPAN AMERICAN DR PARKING 1S ON 1�I01-i7f.
13. Facsi n C: responses will nol be considered.
C. Failure to follow these proccdnres is cause fa rejection oF.bid/proposal.
D. The responsibility for obtaining and submitting a responsc en or before the close date is solely and
strictly the responsibiiily of Bidder/Proposer. The City of Miami is not responsible for delays causal by
the United States mail delivery or caused by any other occurrence. Responses received after the
solicitation closing date and time will be returned unopened, and will not be considered for award.
E. Late responses will be rejected.
F. All responses arc subject to the conditions specified herein. Those which do not comply with these
conditions Inc subject to rejection.
G. Modification of responses already submitted will be considered only if received at the City before the_
time and date set for closing of solicitation responses. All modifications must be submitted via the Oracle
System or in writing. Once a solicitation closes (closed date and/or time expires), the City will not consirlet
any subsequent submission which alters the responses.
H. If hardcopy responses are submitted at the same time for different solicitations, each response must be
placed in a separate envelope, box, or package and each envelope, box or package. must contain the
information previously stated in 1.82.A.
1.82. TAXES - The Gity of Miami is exempt from any taxes imposed by the State and/or Federal
Government. Exemption certificates will be provided upon request. Notwithstanding, Bidders/Proposers
should be aware of the fact that all materials and supplies which are purchased by the Bidder/Proposer for
the completion of the contract is subject to the 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/Proposer.
1.83. TERMINATION —The City Manager on behalf Of the City of Miami reserves the right to terminate
this contract by written notice to the contractor effective the date specified in the notice should any of the
following apply:
A. The contractor is determined by the City to be in breach of any of the terms and conditions of the
contract.
B. The City has determined that such termination will be in the best interest of the City to terminate the
contract far its own convenience;
C. Funds are no( available to cover the cost of the goods and/or services. The City's obligation is
contingeni upon the availability of appropriate funds.
1.84 TERMS OF PAYMENT- Payment will be made by the Ciiy after the goods and/or services awarded
to a Bidderfiroposer have been received, inspected, and found to comply with award specifications, free of
damage or defect, and properly invoiced. No advance paywcnts of any kind will be made by the City of
Miami.
Payment shall be made after delivery, within 45 days of receipt of an invoice and authorized inspection
and acceptance of the goods/services and pursuant to Section 215.74, Florida Statutes and other applicable
In W,
1.85. TIMELY DELIVERY - Time will be of the essence for any orders placed as a result of this
Page 25 of 34
InN'I tat on ren i ,, k., —, . ---
m)Iiciamon. Tile City reserve;; the righl It cancel sueli orders, Of any pari thereof, without obligation, if
delivery it; nor madc withio the tinle(s) specified on their kesponsc. Dcllvcries are w be mule during
regular Ciry business hours unless otherwise spccirml in the Special Conditions.
1.86. TITLT' - Titic to the goods or eciuipmclx sh,111 ))Of puss: to Clic City until after the City ha; accepted
the goods/cquipoIU' M or used tllc goods, whichever corns:; first.
1.87.TRADL SECRUITS EXECUTION TO PUBLIC RL'CORDS DISCLOSURE- All Responses
submitted to the Cit), arc suhjcer to public diSJ SUrC pursuant to Chapter 119, Ploritla Statutes. An
exception may be made for "trade secrets."
If the Response contains information that constitutes if "trade secret", all material that qualifies fir
exemption from Chapter 119 muss be submitted in if sepaMtL envelope, clearly identified as "TRADE
SECRETS EXCEPTION," with your finll,f, name and file Solicitalion number and Citic marked on die
outside.
Please be aware that the designation of an item m a trade secret by you may be challenged in court by any
persalt. By your designation of material in your )response as a "trade sc^ret" you agree to incicmnify and
hold harmless the City for any award to a plaintiff for damages, costs or attorney': fees and for costs and
attorney's fees incurred by the City by reason of any legal aCtion challenging your claim.
1.88. UNAOTHORIZED WORK OR DELIVERV OF GOODS- Neither till, qualified
Bidder(s)/Proposer(s) nor any of his/her employees shall perform any work or deliver any goods tut less a
change order of purchase order is issued and received by,the Contractor. The qualified
Bidders)/Proposer(s) shall not be paid for any wort: perfonnerl or goods delivered outside the scope of the
contract or any work performed by an ernployec not otherwise previously authorized,
1.89. 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 this Solicitation are to be mentioned, or imply the name of the City, without prior express
written permission of the City Manager or the City Commission.
1.90. VARIATIONS OF SPECIFICATIONS - For' purposes of'solicitation evaluation, bidders/proposers
must indicate any variances from the solicitation specifications and/or conditions; no matter how slight. If
variations are not stated on their Response, it will be assumed that the product -fully complies with the
City's specifications.
Page 26 of 34
1l iv nn uufI ivy i., .ter
2. Special Conditions
2.1. PU1tPOS'E
The purpose of till:, 0`011Citalion Ss to establish it contract, for Oji -Sitz: Mobile Shredding Services, irs
specified herein, frons asourec(s) of supply that will give prtmlpl and efficient scrvicc lolly compliant with
the tcriml, conditions and stipulations of the solicitation.
2.2. DEADLINI FOIt UECEiVI OF RLQULST FOR ADDITI ONAL
INFORMATION/CLARIFICATION
Any questions or clarificalions concerning this; solicitation shall be submitted by email or facsimile to isle
Purchasing Department, A10): Locu-des itodriguez, fax: (305) 400-5033 or
elIM& 10 red l'IgLIC'L[<JL'LIll 'imm.fl. its. The solicitation title and number shall be referenced on all
correspondence. Ali questions most be received no later than November 3, 20OR at 4 p.mAll respnnses to
questions will be sent Co all prospective bicicle, rs/proposers in the form on an addcodum. NO QUESTIOitiiS
VdILL BE RECEIVED VERBALLY OR AFTER SAID DEADLINE.
2.3. TERM OF CONTRACT
The Contracl shall commence upon the date of notice of award and shali be effective for one (1) ycar with
the option to extend for three (3) additional one (1) year periods, subject to the availability of funds for
succeedingfiscaI 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.
2.4. CONDITIONS FOR RENEWAL
Each renewal of this contract is subject to the following:
(1) Continuecl satisfactory performance compliance with the specifications, terms and conditions
established herein.
(2) Availability of funds
2.5. EQUITABLE ADJUSTMENT
The.Purchasing Department may, in its sole discretion, make an equitable adjustment in the contract terms
and/or- pricing if pricing or availability of supply is affected by extreme or unforeseen volatility 'in the
marketplace, that is, by circumstances that satisfy all the following criteria: (I ) 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 lesnit ill a substantial loss. Successful bidder(s) might have to supply documentation to
justify any requested percentage increase in cost to the City of Miami.
2.6. NON -APPROPRIATION OF FUNDS
In the event no funds or insufficient funds are appropriateci and budgeted or are otherwise unavailable in
arty focal period for payments due under this contract, then the City, trp011 w17ttC11 notice to C011traCLor" Of
his assignee of such occurrence, shall have the unqualified right to terminate tile contract without an),
penalty or expense to the City. No guarantee, warranty or representation is Cade that any particular or' any
project(s) will be awardecl to any firm(s).
2.7, METHOD OF AWARD
Page 27 of 34
Award of lhis contract will be made to the lowed responsivu and responsible bidder mcctinp,
spccificatiom.
2& Ii IME1 S MINIMUM QUALIFICATIONS
Bid:; will be considered only from firnns that arc rcbulady engag,cd in the business of providing goods
and/or services as described in lhis Bid, that have it record of performance for a reasonable period of tinge;
and thal havr: sufficient financial support, equipment and organization to insure that they can satisfactorily
provide the goods: and/or services i'f awardc(I a ConlrilCt under the terms and condiumv; herein stated.
.Bidder shall!:
()) Be certified by file National Association of lnform;t1mn Desu•ucGon, life. (MAID).
(1) 1401 have any rrrcmbcr, officer, or stockholder that is in arrears or is in def WJl ofm), dcbt or contract
involving, the City, is if ClChW to surety 0ther1A1isC uporr any obligation to the City, and/or has I,iiled to
Pei -1701-11) faitJrfuily on any previous contract with the City.
(2) J-lavc no record of pending lawsuits or criminal activities, and have never been declarrd bankrupt.
2.9. FAILURE TO PERFORM
Should it not be possible to reach the contractor or supervisor and/or should remedial action not be taken
within 48 hours of any failure to perform according to specifications, the City reserves the right to declare
Contractor in default of .the contract or make appropriate reductions in the contract payment.
2.10. INSTJRANCl! REQUIREMENTS
TNDEMNIF) CATION
Bidder shall pay on behalf of, indemnify and save City and its officials harmless, from and against any and
all claims, liabilities, losses, and causes of action, which may arise out of bidder's performance under the
provisions of the contract, including all acts or omissions to act on the part of bidder, including any person
performing under this Contract for or on bidder's behalf, provided that any such claims, liabilities, Josses
and causes of such action are not attributable to the negligence or misconduct of the City and, from and
against any orders, judgments or decrees -which may be entered and which may result from this Contract,
unless attributable to the negligence or misconduct of the City, and from and against all costs, attorneys'
fees, expenses and liabilities incurred in the defense of any such claire, or the investigation thereof.
The bidder shall furnish to City of Miami, c/o Purchasing Department, 444 S'Al 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.
(1) Worker's Compensation
A. Limits of Liability - Statutory - State of Florida
(2) Commercial General Liability:
A. Limits of Liability
Bodily Injury and Property Damage Liability - Each Occurrence: $11.000,000
General Aggregate Limit S2,000,D00
Personal and Adv. Injury. Products and Completed Operations and Fire Damage: X1.000,000.
B. Endorsements Required:
City of Miami inciuded as an Additional insured. Employees included as insured. Contractual
Liability.
(3) BusinessAutomobile Liability
A. Limits of Liability
Bodily injury ant] property damage liability combined single limits. Any Auto, including hired,
borrowed or owned, or non -owned autos used in connection with the work -5;1,000.000
B. Endorsements Required:
Page 28 of 34
invitation for Bid (IFB) 108059
City of IViiantl 1001il lett ax ait /additional Insured
BffVIDE1LS A RE UNACCEPTAL'f.F..
The insurance coverage required shat( include those classifications, as listed in standard liAbilily insurance
manuals, which most nearly jelled it)(: olaerations of the bidder.
All insurance policies retluired above shall be isued by companic:, authorircd to du business under the
laws. 0f the Stan of"Florida, with the following• qualifications:
The Company must be rated no less !trains "A" as to management, and aro less than "Class V„ a:; to financial
strength, by the lalest edition of 13es7's hrsurance GUICIe, published by AJvI Hest Company, Oldwiek, New
.Ier:sey, or ib; equivalcnf. All policies and/or certificates of insuranec arc subject to review and verification
by kislc Ivlarnagcnrenl prior to insurance approval.
CcrtificaLe; will indicale no r7H1(hfieatl0n ar change in insurance shah be made u111lux11 shirty (3(J) days
"'Jitien advance notice to the certificate holder.
NOTE: CITY DID )4UMBEk AlgD/OR TiTLE OF DID MUST APPEAP Old EACi-I CLPTIFICATE
Compliance with the foregoing requirements shall 1101 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 subrnittiog new orrenewed insurance certificates to the City at it minimum Often (I Oj
calendar days in advance of such expiration.
--In the event that expired certificates are not replaced with new of renewed certificates which cover
the contractualperiod, the City shall:
(4) Suspend the contract until such time as the new of 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 Bidder in conjunction with the General and Special Terms and Conditions of the Bid.
The Bidder shall be respwrsible 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 terns that
may be granted to the Bidder.
2.11. METHOD OF PAYMENT
Full payment will be made upon receipt and acceptance of a complete unit(s). No down or partial down
payments will be made.
2.12. ADDTTIONS/DELETIONS OF FACILITIES/ITEMS/PRODUCTS
Although this Solicitation identifies specific facilities/items/products to be serviced, it is hereby agreed and
understood that any facility/item/products may be added/deleted to/from this contract at the option of the
City. Wien an addition to the contract is required, the successful bidder(s) under this contract shall be
invited to submit price quotes for these new services/items/products. If these quotes are comparable with
market prices offered for similar services/items/products, 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.
2.13, USE OF PREMISES
The contractor shall confine his/her equipment, apparatus, the storage of materials, and the operation of
his/her workmen to the limits indicated by law, ordinances, permits, or direction of the project manager,
and shall not unreasonably encumber the premises with hisMer materials. The contractor shall take all
measures necessary to protect his own materials.
2.14. DAMAGES TO PUBLIC/PRIVATE PROPERTY
The contractor shall carte out the work with such care and methods as not to result in damage to public or
Page 29 of 34
1111111111- 1 1-1 , _ _,
privaic property adjacent to the work. Should any public or private property be damaged or desooycd, the
Con IUaetor, a his/her expense•, shall repair or III akc restoration as i:; practical tantl acceptable to the City
andJor vwncrs of deco oyctl or damaged properly prornpily within tl rcasonabic length of lime. (]Jot to
exceed one month from date damage was done).
2,15. )t1;FERENCLS
Each bid must be aeconlpauied by it list of reference;, which shall include the name of the company, dates
Of Contract, description ofgoodr; supplied, a contaG person and the telephone number. NO LID WILL HE''
CONSIDD\'.FU WITHOUTTHIS LIST.
2.10, SPLCIFKAT1ON EXCEPTIONS
Specifications tine based on the rn-tosi current htcratmc avaiiabIc. Blddcr shall notily the City of IvliaIII i
Purchasing, Department, in writing, no icss than ten (10) days prior to solicitation closing date of any
change in the manufacturers' specification:; which confliel with the specifications. For hart( copy bid
submittals, bidders muse explain tiny deviation from the specifications in writing as it footnote on the
applicable specification page and enclose a copy of the manufacturer's specifications data detailing the
changed item(s) with his/her subnnission. Fon electronic bid submittals, bidders must explain in the Header
Section or by an Attachment and, if applicable, enclose it scanned copy of the manufacturer's specifications
data detailing the changed item(s) with his/her submission. Additionally, bidders must indicate any options
requiring the addition of other options, as well as those which are included as a part of another option.
Failwe of bidders to comply with these provisions will result in bidders being held responsible for a]I costs
required to bring the item(s) in compliance with contract specifications.
2.17. PUBLIC CONVENIENCE AND SAFETY
The contractor shall conduct his work so as to interfere as little as possible with private business or public
travel. He shall, at his own expense, whenever necessary or required, maintain barricades, maintain lights,
and take such other precautions as may be necessary to protect life and property, and he shall be liable -.for
all damages occasioned in any way by his actions or neglect or that of his agents or employees.
The contractor shall meet the following noise.abatetnent performance standards far all construction
equipment:
Between the hours of 7:00 A.M. and 6:00 P.M. noise levels shall not exceed 80 dBA -at the nearest
residential or commercial property line.
Operation of equipment should be avoided between the hours of 6:00 P.M. and 7:00 A.M., but if required,
the noise level shall nol exceed 65 dBA.
2,18. SATIETY MEASURES
Contractor shall take all necessary precautions for the safety of employees, and shall erect and properly
maintain al 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 contractor shall be expected to wear safely glasses or goggles, appropriate clothing, and
hearing protection when and wherever applicable. The contractor shall use only equipment that is fully
operational and in safe operating order. Contractor shall be especially careful when servicing property
when pedestrians and/or vehicles are in close proximity - work shall cease until ii is safe to proceed.
2.19. TERMINATION
Page 30 of 34
111Vnatao11 101 M10 tIVD) ,van✓_
A. Ji0V DEFAULT
11'COW1,10tor deiianhs in its perlbrmanec under this Contact and docs rrol care the dcGurh within 30 days
a(ier written notice ofdel;ndt, the City Manager may tcrMinate this Contact, iu whole nr iu part, upon
written nolicc "11111out pcnaily to the City ot,lvliami. Irl such event the Contractor shall he liable for
damages including the c>:cess cost ofprocurinp, similar supplies or services- provided that if; (1) it is
determined tot any reason Iha! llrc Contractor was not in default or (2) tale Contractor's failure to perform, is
without his or his subcont;acuar's cunuol, fdull or rrcglibencc, the termination will be deemed to be a
tcrminatiorl for the convcnicncc ofthc Cily of Miami.
13. FM CONVENiENCE
The City Manager may Icrminalc this Contact, in whole or in part, upon 30 days prior written notice when
it is in the best interests of the Cil), of Miami. If this; Contract is for supplies, pro(11ucts, equipment, or
software, and so terminated for the convenience b), the City of Miami the Contractor will be compensated
in accordance with an agreed upon adjustment of cost. To the extent that this Contract is tot scrvioc;; and so
terminated, the City of Miami shall be liable only for payment in accordance with the payment provisions
DF the Contract for those service;; rendered prior to termination.
2.20. ADDITIONAL TERMS AND CONDITIONS
No additional terms and conditions included with the bid response shall be evaluated or considered, and
any and alt such additional terms and conditions shall have no force or effect and are inapplicable to this
bid. If submitted either purposely, through intent or design, or inadvertently, appearing separately in
transmittal letters, specifications, literature, price lists or wanfanties, it is understood and agreed that the
General and Special Conditions in this bid solicitation are the only conditions applicable to this bid and that
the bidder's authorized signature affixed to the bidder's acknowiedgmen( form attests to this.
2.21. PRIMARY CLIENT (FIRST PRIORITY)
The successful bidder(s) agree upon award of this contract that the City of Miami shall be its primary clien(
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 31 of 34
In vital l oil 101" f-31 (I (oro) i u—,—
:i. Specifications
3.i. SPECIPICATIONS/SCOPP OF WORK
To prnvitic Schedule 011 -Site Shredding Services: of confidential doCttrllelltl:, Along will) dispusai and
removal of shredded nlmcrial.
Con fid elltiahly
Canfitlentiaiily of all information is re(ILured. Tilereforc, the Contractor shall not inspccl, view, peruse,
cop)', or examine any confidential material or documents whether designated for shredding or disposal or
not. In addition, t11C tconlraCtO1 Shs111 110( Othel"wise ChSclose, release or conllriurlicatc any confidential
Infornrnfoil to any third person, individual, organization or entity not employed and approved by file City
of Miami. Should any violation or branch of this provision occur, such sha11 Corlstitulc cause for
iIll nlediatc termination of the cont<Ici upon receip! of written notice by the Contractor.
The Contractor shall maintain confidentiality in Accordance with best industry practices in compliance
with federal and state laws, and in compliance With the Rational Association for Information Destruction,
Inc requirements for Contractor certiLcallon
Subcontracting
Services performed sl Cily of Miami facilities under this contract may not be subcontracted or assigned.
National Association lo)- Inlo-mation Destruction, Inc. (NAID)
Certification by NAID is required. NAID certified companies operate under a strict code of ethics' and
NAID conducts annual and random audits to ensure that certified members are in compliance with industry
best practices, and legal and ethical standards. Certification means that the Contractor has passed an audit
by security professionals possessing Certifiecl Protection Professional accreditation through the American
Society for Industrial Security. A lapse of NAID certification during the term of the contract resulting from
this bid shall be good cause for vendor removal from contract.
Personnel
The Contractor is to provide supervised and uniformed personnel, trained, licensed, and bonded to perform
these Mobile On-site Shredding Services. The Contractor's vehicle shalf be clearly marked to indicate that
it is the Contractor's vehicle, and staff shall be uniformed in company attire and ca.7 visible photo
employee identification at of I tines. Documents must be attended by a company employee or physical ly
secured at all tithes.
Criminal History Background Check
Under state and federal regulations and NAID certification, there are criminal violations that disqualify an
ernployee from being employed iii a capacity where they may come into contact with confidential
information. In addition to, or as part of NAID certification, does your company, or a third party vendor,
conduct criminal history record checks through, an official state crime bureau, for example Florida
Department of Law Enforcement or Georgia Bureau of Investigation. Please provide the name and address
of the party conducting your criminal history record checks. If the criminal history record check is not
conducted through an official state mime bureau, what levels of criminal offenses are included in the
criminal history record check.
If criminal history information is not obtained through the appropriate official stale crime bureau, City of
Miami at its sole discretion may require an additional criminal history record cheep on employees with
access to City of Miami facilities or confidential information. If requested, criminal history record checks
must be completed for those so designated within 30 days. Vendors shall provide copies to the City of
Miami of all criminal history record checks f"or review and acceptance of the records In the event records,
reveal evidence Offl cringe which is unacceptable as dclernlined by City of Miami, the Contractor agrees to
remove the employee frown City of Miami work sites) and remove access to City of Miami confidential
information. The City of Miami, a( its sole discretion, nlay require tip -to -date criminal history record
check(s) during the course of the contract.
Mobile On -Site Shredding Equipincnl/Security
Vehicles -The Contractor vehicle must be specifically designed for shredding services. The vehicles shall
Page 32 of 34
to VILar101I Iul urn �u u, ,-
have lockable orbs and have [idly enclosed and lockable reuse boxes. The vehicle shall remain lucked
when unaltended. The vehicle shall be clearly marked with tht• corporate logo crud/or mime
Shredding Equipment - The shredding cquilmicnt must have die capacity to handle IIIc volunu: ofnwlcrial
generated or produced through the cour:cC of gnvernnrenl business anti muni safely rued cumulately destroy
all material: whether slapiccl, clipped, bOLmd, etc. The shredding equipment Must G011MI-11ie material into
small unreadahlc piece:, which art: mired, compressed and secured until destroyed. The shredded material
will be taken to the Contractor's jacilily, or to an off-site faeilily, where it will be destroyed by burning,
mulching, pulping, shredding, or disintegrating -
Facility - Any frrcilily where material i;; held prim to being converted w an unreconstructable state shall
have the following recicrirerncn[s:
A monitored alarm system for areas where materials arc held;
A closed cireuil camera sysLeni that monitor: access points into destruction areas. The system shall llaVC
playback capabilities for up to 90 days.
Scales - The vendor must UNC If certified scale to weigh the material to be shredded
Witnessed Shredding
When any materials are to be shredded, a City of Miami employee may be required to witness the
shredding process. Contractor shall accommodate the City of Miami employeC witnessing the destructs on,
upon request.
Certificate of Destruction
The Contractor must provide to customer e Document of Document Destruction each lime shredding is
performed.
The Certificate of Destruction most include:
Location of agency facility;
Date service provided;
Number of containers (for scheduled shredding)
Number of pounds (for bull, shredding);
Additional Specifications:
Provide mobile shredding services on a.bi-weekly basis.
Shredding is to be done on-site by the vendor's shredding vehicle.
All material is to be shredded priot to leaving the premises.
No "strip shredding" is acceptable.
Shredding vehicle is to be equipped with a built in, calibrated, certified, and sealed scale on board
capable of providing a print-out of the exact poundage of materials shredded.
Mobile shredding vehicle is to be parked within the premises of the City of Miami facility, at a
location designated by the Contract Administrator.
The Contractor must provide to customer if Certificate of Destruction each time shredding is
performed. The Certificate of Destruction must include: Location of agency facility, date service
provided; number of containers (for scheduled shredding); and number of pounds (for bulk
shredding).
A weight ticket must be printed with the exact poundage of materials shredded.
Provide consoles to be placed throughout the different City of Miami facilities. Additional consoles
may be required at no additional cost to the City.
Contractor will be required uopn request to supply locking containers in 32, 64, and 96 gallon sizes,
to accommodate paper/records collection al each City location at no charge to the City. Contractor
shall not limit the number of containers at any particular site. Requesting City dcparlments shall
worlr with the Contractor to establish the number, size, and locations for all collection containers.
Changes may be made by the City to the size and number of containers upon 45 hours notice.
Successful bidder will be responsible for removing the fall bags from the consoles and replacing with
new bags.
Successful bidder will be responsible for eollecting the documents and transporting the documents to
the shred vehicle, where the material is to be weighed.
All material is to be weighed prior to the shrecldurg process.
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