HomeMy WebLinkAboutInvitation for Bidsc,iry of Miami
Tnvita ion For Ride .
Purchasing Department
Glenn Marcos, CPPB, Director/Chief Procurement Officer
Miami Riverside Center
444 SW 2"d Avenue, 6`i' Floor
Miami, Florida 33130
Web Site Address; http://ci.miami.fl.us/procurement
Bid Number: 04-05-133
Title: SNACKS FOR AFTER SCHOOL PROGRAM
Commodity Code: 952-18
Type of Purchase: Term Contract for One year with OTR for Two additional one year
periods
M/WBE Set -Aside: N/A
Sr. Buyer: Maritza Suarez, CPPB
Fax: 305-416-1925
E -Mail Address: msuarez@ci,miarni.fl.us
IssueDate: OCTOBER 6, 2005
Deadline for Request for
Additional Information/Clarification: October 17, 2005
Pre -Bid Conference/Site Visit: N/A
Bid Security: N/A
Performance Bond: N/A
Bid Opening Date: MONDAY, OCTOBER 24, 2005
Time: 2:00 PM
Sealed written Bids must be received by the City of Miami, City Clerk's Office, City HaII,
3500 Pan American Drive, Miami, Florida 33133-5504, no later than the date, time and at
the location indicated above for the Bid Opening. Submittal of Bid by fax is not acceptable.
Three (3) copies of the Bid Response Form (Forms 4-0-4.8) must be returned to the City or
your bid may be disqualified.
CONE OF SILENCE O.RDINA-NCE IS APPLICABLE TO THIS SOLICITATION.
City of Miami Page 1
Bid No. 04.05-133 •
CONTENTS
1. BID GENERAL TERMS .AND CONDITIONS AND SPECIAL
CONDITIONS 2.0
2. BID RESPONSE FORM 4.0
3. BID RESPONSE FORM 4.0, SUBSECTION 4.2 BID FORM
(PRICING)
4. BID RESPONSE FORM 4.0, SUBSECTION 4.5 AFFIRMATIVE
ACTION PLAN
5. BID REPONSES CHECK LIST 5.0
6. ATTACHMENT A, INVITATION TO BID, STANDARD
CONTRACT FFY-200405, CHILD CARE FOOD PROGRAM
7. LICENSURE, STATE FOOD LICENSE AND COUNTY
OCCUPATIONAL
8. APPROVED CATERED LIST FOR THE CHILD CARE FOOD
PROGRAM FY 2004-05
9. CERTIFICATES OF INSURANCE
10. HEALTH INSPECTION DOCUMENTATION WITH NOTED
CORRECTIONS IMPLEMENTED, SANITATION CHECK
LIST WITH FORMAL SANITATION PROGRAM
11, ATTACHMENT OF ADDENDUMS NOA AND NO.2
WHICH REFLECT THE CHANGE OF BID DATE.
i0 0
�_. GENERAL TERMS AND CONDITIONS
INTENT: The General Terms and Sheet form and shall mark "Alternate
Conditions described herein apply to the Bid". Alternate bid shall be placed in the 1.10. AWARD OF CONTRACT:
acquisition of goods or equipment with same bid.
J an estimated aggregate cost of A. The FB, Bidder's response, any
5 ,000.00 or more. LG. ASSIGNMENT = Contractor agree addenda-issued,—and-the-purchase-order
I 1.1, ACCEPTANCE. OF GOODS OR
not to enter into subcontracts or asst shall constitute the entire contract, unless
t EQUIPMENT - Any good(s) or
equipment delivered under this 'bid shall
remain the property of the seller until a
physical inspection and actual usage of
the good is made, and thereafter is
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accepted as satisfactory to the City. It
_ must comply with the terms herein and
be fully in accordance with specifications
and of the highest quality, In the event
the goods/equipment supplied to the City
are found to be defective or does not
conform to specifications, the City
J reserves the right to cancel the order
upon written noticeto the Contractor and
return the product to the Contractor at the
j Contractor's expense.
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1.2. ACCEPTANCE OF OFFER - The
signed bid shall be considered an offer on
the part of the bidder; such offer shall be
deemed accepted upon issuance by the
City of a purchase order.
1.3. ACCE PTANCE/REJECTIDN-
The City reserves the right to accept or
reject any or all bids or parts of bids after
bid opening and request rebid on the
items described in the IFB. In the event
of such rejection, the Director of
Purchasing shall notify all affected
bidders and make available a written
explanation for the rejection. The City
also reserves the right to waive any
irregularities or minor informalities or
technicalities in any or all bids and may,
at its discretion, re -bid.
1A ADDENDUMS- It is the bidder's
responsibility to ensure receipt of all
Addendums. Addendums are available on
the City's web site at
http://ci.miami.fl.us.
I.S. ALTERNATE BID MAY BE
CONSIDERED - The City may consider
one (1) alternate bid from the same
Bidder for the same solicitation;
provided, that the alternate bid offers a
different product that meets or exceeds
the bid requirements. In order for the
City to. consider an alternate bid, the
Bidder shall complete a separate Price
'modified in accordance with an ensuing
transfer, convey, sublet, or otherwise y g
dispose of this Contract, or any or all of its contract.
right, title or interest herein, without City
of Miami's prior written consent.
1,7. ATTORNEY'S FEES- In
connection with any litigation, mediation
and arbitration arising out of this
Contract, the prevailing party shall be
entitled to recover its costs and
reasonable attorney's fees through and
including appellate litigation and any
post judgment proceedings.
B, The award of 'a contract where there
are Tie Bids will be decided by the
Director of Purchasing or designee.
C. The award of this Bid may be
preconditioned on the subsequent
submission of other documents as
specified in the Special Conditions or
Technical Specifications. Bidder shall be
in default of its contractual obligation if
such documents are not submitted in a
1.8. AUDIT RIGHTS AND RECORDS timely manner and in the form required
RETENTION - The Successful Bidder by the City. Where Bidder is .in default
of these contractual requirements, the
agrees to provide access at all reasonable City, through action taken by the
times to the City, or to any of its duly Purchasing Department, will void its
authorized representatives, to any books, acceptance of the Bidder's Response and
documents, papers, and records of may accept the Bid from the next most
Contractor which are directly pertinent to lowest responsive, responsible Bidder or
this Bid, for the purpose of audit, re -solicit the City's requirements, The
examination, excerpts, and transcriptions. City, at its sole discretion, may seek
monetary restitution from Bidder and its
The Successful Bidder shall maintain bid bond or guaranty, if applicable, as a
and retain any and all of the books, result of damages or increased costs
documents, papers and records pertinent sustained as a result of the Bidder's
to the Contract for three (3) years after default.
the Cit}, makes final payment and all
other pending matters are closed, D. The term of the contract shall be
Contractor's failure to or refusal to specified in one of three documents
comply with this condition shall result in which shall be issued to the successful
Bidder. These documents may either be a
the immediate cancellation of this purchase order, notice of award and/or
contract by the City. contract award sheet.
1.9, AVAILABILITY OF CONTRACT
STATE-WIDE - Any Governmental,
not-for-profit or quasi -governmental
entity in the State of Florida, may avail
itself of this contract and purchase any
and all items specified herein from the
successful bidder(s) at the contract
price(s) established herein
Each Governmental, not-for-profit or
quasi -governmental entity which uses a
contract(s) resulting here from, will
establish its own contract, place its own
orders, issue its own purchase orders, be
invoiced there from and make its own
payments, determine shipping terms and
issue its own exemption certificates as
required by the successful bidder(s).
City of Miami Page 2
Bid No. 04-05-133
E. The City reserves the right to
automatically extend this contract for up
to one 'hundred twenty (120) calendar
days beyond the stated contract term in
order to provide City departments with
continual service and supplies while a
new contract is being solicited, evaluated,
and/or awarded. If the right is
exercised, the City shall notify the
Bidder, in writing,,of its intent to extend
the contract at the same 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 are in mutual agreement of such
extensions.
F. Where the
contract involves a single shipment of
goods to the City, the contract term
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shall conclude upon completion of the minimum standard of design, efficiency, 1.18. COMPLIANCE WITH
Jexpressed or implied warranty periods, grade or quality of goods only. When the FEDERAL, STATE AND LOCAL
City does not wish to rule out other
LAWS - Contractor understands that
G. The City reserves the right to award competitors' brands or makes, the phrase
the contract on usplil-order, lump sum or "Olt EQUAL" is added, When bidding contracts between private entities and
_� individual -item basis, or such an approved equal, Bidders will submit, local governments are subject to certain
combination as shall best serve the with their bid, complete sets of necessary laws and regulations, including laws
interests of Y1tc City unless otherwise data (factory iriforntation sheets, pertaining to public records,conflict of
specified. specifications, brochures, etc.) in order interest, records keeping, etc. City and
for the City to evaluate and determine the Contractor agree to comply with and
1.11. BID BOND/BID SECURITY- A equality ofthe item(s) bid. The City shall observe all applicable laws, codes and
cashier's or certified check, or a Bid be the sole ,judge of equality and its
Bond signed by a recognized surety decision shall be final. Unless otherwise ordinances as that may in any way, affect
company that is licensed to do business specified, evidence in the form of the goods or equipment offered,
in the State of plorida, payable to the samples may be requested if the proposed including but not limited to:
City of Miami, for the amount bid is brand is other than specified by the City,
required from all bidders, if so indicated Such samples are to be famished after the
under Section 2,0 Special Conditions, date of bid opening only upon request of
This check or bond guarantees that a the City. If samples should be requested,
bidder will accept the order or contract, such samples must be received by the
j as bid,, if it is awarded to bidder. Bidder City no later than seven (7) calendar
J shall forfeit bid deposit to the City should days after a formal request is made.
City award contract to Bidder and Bidder
fails to accept the award. The City 1.15. CANCELLATION - The City
reserves the right to reject any and all reserves the right to cancel all invitations
surety tendered to the City. Bid deposits for bid before bid opening. In the event
are returned to unsuccessful bidders of bid cancellation, the Director of
within ten (10) days after the award and Purchasing shall notify all prospective
successful bidder's acceptance of award. bidders and make available a written
If sixty (60) days have passed after the explanation for the cancellation.
A. Executive Order 11246, which
prohibits discrimination against any
employee, applicant, or client
because of race, creed, color,
national origin, sex, or age with
regard to, but not limited to, the
following: employment practices,
rate of pay or other compensation
methods, and training selection.
B. Occupational, Safety and Health Act
(OSHA), as applicable to this FB.
C. The State of Florida Statutes,
Section 287.133(3)(4) on Public
I date of the formal opening of the bids, Entity Crimes.
and no contract has been awarded, all bid
-deposits will be returned on demand.
Certified Minority/Women vendors
may apply to participate in the City's
Bid Bond Voucher Program by
contacting the Minority/Women
Business Affairs office.
1.12. BID RESPONSE FORM - All
forms, as described under Section 4.0,
should be completed, signed and
submitted accordingly.
1.13. BID SECURITY
FORIEITED LIQUIDATED
DAMAGES - Failure to execute a
Contract and/or file an acceptable
Performance Bond, when required, as
provided herein, shall be just cause for
the annulment of the award and the
forfeiture of the Bid Security to the City,
which forfeiture shall be considered, not
as a penalty, but in mitigation of damages
sustained. Award may then be made to
the next most lowest responsible Bidder
or all bids may be rejected.
1.14. BRAND NAMES - If and
wherever in the specifications brand
names, makes, models, names of any
manufacturers, trade panres, or bidder
catalog numbers are specified, it is for the
purpose of establishing the type, function,
1.16. CAPITAL EXPENDITURES -
Contractor understands, that any capital
expenditures that the firm makes, or
prepares to make, in order to perform the
services required by the City, is a
business risk which the contractor must
assume. The City will not be obligated
to reimburse amortized or unamor ized
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 services, it shall not have
any claim upon the City.
1,17. COLLUSION -Bidder, by affixing
a signature to its bid, certifies that its bid
is made without previous understanding,
agreement or connection either with any
person, firm or corporation making a bid
for the same items or with the City of
Miami's Purchasing Department or
initiating department. The Bidder
certifies that its bid is fair, without
control, collusion, fraud or other illegal
action, Bidder certifies that it is in
compliance with Section 2.611, Conflict
of Interest and Code of Ethics Laws. The
City will investigate all potential
situations where collusion may have
occurred and the City reserves the right
to reject any and all bids where collusion
may have occurred.
City of Miami Page 3
Bid No. 04-06-933
D. Mmority/Wonnen Business Affairs
Enterprise • (M/WBE) City
Ordinances No. 10062, 10538,
11272, as amended, as applicable to
this IFB.
E. Environment Protection Agency
(EPA), as applicable to this IFB.
F.
Uniform Commercial Code (Florida
Statutes, Chapter 672).
G.
Americans with Disabilities Act of
1990, as amended.
H.
National .Institute of Occupational
Safely Hazards (NIOSH), as
applicable to this I1713.
1,
National Forest Products
Association (NEPA), as applicable
to thislFB.
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City Procurcinent Ordinance City
Code .Section 18, Article 111.
K. Conflict of Interest, City Code
Section 2-611;61.
L. Cone of Silence, City Code Section
18-74.
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and laws may be considered grounds for communications in connection with the
termination of contract(s). collection of industry comments or the
performance of market research
Copies of the City Ordinances may be regarding a particular RFP, RFQ, RFLI
obtained from the City Clerk's Office, OR IFB by City Purchasing staff.
1.19. CONE OF SILENCE - Pursuant to
Section 18-74 of the City of Miami Code,
a "Cone of Silence" is imposed upon
each RFP, RFQ, RFLI, or 1F13 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 $200,000. The
Cone of Silence prohibits any
communication regarding RFPs, RFQs,
RFLI or IFB (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 member of the respective
selection/evaluation 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
communication is limited strictly to
matters of process or procedure already
contained in the solicitation document;
the provisions of the Cone of Silence do
not apply to oral communications at duly
City of Miami
Bid No. 04-05-133
Proposers or bidders must file a copy of
any written communications with the
Office of the City Clerk, which shall be
made available to any person upon
request. The City shall respond in writing
and file a copy with the 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 a copy to the Office
of the City Clerk at
Marcia c ci.miami.fl.us.
In addition to any other penalties
provided by law, violation of the Cone of
Silence by any proposer or bidder shall
render any award voidable. A violation
by a particular Bidder, Proposer, Offeror,
Respondent, lobbyist or consultant shall
subject same to potential, penalties
pursuant to the City Code. Any person
having personal knowledge of a violation
of these provisions shall report such
violation to the State Attorney and/or
may file a complaint with the Ethics
Commission. Proposers or bidders should
reference Section 18-74 of the City of
Miami Code for further clarification.
This language is only a summary of the
key provisions of the Cone of Silence.
Please review City of Miami Code
Section 18-74 for a complete and
thorough description of the Cone of
Silence, You may contact the City Clerk
at 305-250-5360, to obtain a copy of
same.
1.20. CONFIDENTIALITY - As a
political subdivision, the City of Miami
is subject to the Florida Sunshine Act and
Public Records Law. If this Contract
Page 4
who owns, directly or indirectly, an
interest of five percent (5%) or more of
the total assets of capital stock in the
your firm,
.1.22. COPYRIGHT OR PATENT
RIGHTS - Bidders warrant that there has
been no violation of copyright or patent
rights in manufacturing, producing, or
selling the goods shipped or ordered as a
result of this IFB, and bidders agree to
hold the City harmless from any and all
liability, loss, or expense occasioned by
any such violation.
1.23. DEBARM , NT AND
SUSPENSIONS (Sec 18-107) -
(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 City.
Manager, after consultation with the
Chief Procurement Officer and the city
attorney, shall have the authority to debar
a Contractual Party, for the causes listed
below, from consideration for award of
city Contracts. The debarment shall be
for a period of not fewer than three 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 debarment or suspension.
Causes for debarment or suspension
include the following:
(1) Conviction for commission of a
criminal offense incident to
M. The Florida Statutes Sections
noticed site visits/inspections, pre-
contains a confidentiality provision, it
218.73 and 218.74 on Prompt
proposal or pre-bid conferences, oral
shall have no application when disclosure
Payment.
presentations before selection/evaluation
is required by Florida law or upon court
committees, contract negotiations during
order.
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N. First Source Hiring Agreement, City
any duly noticed public meeting, or
Ordinance No. 10032, as applicable
public presentations made to the Miami
1.21. CONFLICT OF INTEREST =
to this IFB. Implemented to foster
City Commission during a duly noticed
Bidders, by responding to this 1FI3,
the creation of new and permanent
public meeting; or
cer if}�}ta o �e best of their Irn�wletlge
jobs for City of Miami residents;
or belief, no elected/appointed official or
requires as a condition precedent to
communications in writing or by email at
employee of the City of Miami is
the execution of service contracts
any time with any City employee, official
financially interested, directly or
including professional services.
or member of the City Commission
indirectly, in the purchase of goods or
unless specifically prohibited by the
equipment specified in this I1713. Any
Lack of knowledge by the bidder will in
applicable RFP, RFQ or bid documents
such interests on the part of the Bidder or
—' no way be a cause for relief from.
(See Section 2.2. of the Special
its employees must be disclosed in
responsibility. Non-compliance with all
Conditions); or
writing to the City. Further, you must
local, state, and federal directives, orders,
disclose the name of any City employee
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and laws may be considered grounds for communications in connection with the
termination of contract(s). collection of industry comments or the
performance of market research
Copies of the City Ordinances may be regarding a particular RFP, RFQ, RFLI
obtained from the City Clerk's Office, OR IFB by City Purchasing staff.
1.19. CONE OF SILENCE - Pursuant to
Section 18-74 of the City of Miami Code,
a "Cone of Silence" is imposed upon
each RFP, RFQ, RFLI, or 1F13 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 $200,000. The
Cone of Silence prohibits any
communication regarding RFPs, RFQs,
RFLI or IFB (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 member of the respective
selection/evaluation 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
communication is limited strictly to
matters of process or procedure already
contained in the solicitation document;
the provisions of the Cone of Silence do
not apply to oral communications at duly
City of Miami
Bid No. 04-05-133
Proposers or bidders must file a copy of
any written communications with the
Office of the City Clerk, which shall be
made available to any person upon
request. The City shall respond in writing
and file a copy with the 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 a copy to the Office
of the City Clerk at
Marcia c ci.miami.fl.us.
In addition to any other penalties
provided by law, violation of the Cone of
Silence by any proposer or bidder shall
render any award voidable. A violation
by a particular Bidder, Proposer, Offeror,
Respondent, lobbyist or consultant shall
subject same to potential, penalties
pursuant to the City Code. Any person
having personal knowledge of a violation
of these provisions shall report such
violation to the State Attorney and/or
may file a complaint with the Ethics
Commission. Proposers or bidders should
reference Section 18-74 of the City of
Miami Code for further clarification.
This language is only a summary of the
key provisions of the Cone of Silence.
Please review City of Miami Code
Section 18-74 for a complete and
thorough description of the Cone of
Silence, You may contact the City Clerk
at 305-250-5360, to obtain a copy of
same.
1.20. CONFIDENTIALITY - As a
political subdivision, the City of Miami
is subject to the Florida Sunshine Act and
Public Records Law. If this Contract
Page 4
who owns, directly or indirectly, an
interest of five percent (5%) or more of
the total assets of capital stock in the
your firm,
.1.22. COPYRIGHT OR PATENT
RIGHTS - Bidders warrant that there has
been no violation of copyright or patent
rights in manufacturing, producing, or
selling the goods shipped or ordered as a
result of this IFB, and bidders agree to
hold the City harmless from any and all
liability, loss, or expense occasioned by
any such violation.
1.23. DEBARM , NT AND
SUSPENSIONS (Sec 18-107) -
(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 City.
Manager, after consultation with the
Chief Procurement Officer and the city
attorney, shall have the authority to debar
a Contractual Party, for the causes listed
below, from consideration for award of
city Contracts. The debarment shall be
for a period of not fewer than three 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 debarment or suspension.
Causes for debarment or suspension
include the following:
(1) Conviction for commission of a
criminal offense incident to
1 obtaining or attempting to (c) Certification. All Contracts for goods E. Becoming insolvent, being declared
obtain a public or private and services, sales, and leases by the city bankrupt, or committing any act of
Contract or subcontract, or shall contain a certification that neither bankruptcy or insolvency, or
incident to the performance of the Contractual Party nor any of its mating an assignment for the
such Contract or subcontract. principal owners or personnel have been benefit of creditors, if the
convicted of any of the violations set insolvency, bankruptcy, or
(2) Conviction under state or forth above or debarred or suspended as assignment renders the successful
fedcral statutes of set-forth—h paragraph(6)(5). Bidder incapable of performing the
i embezzlement, theft, forgery, work in accordance with and as
bribery, falsification or
destruction of records,
receiving stolen property, or
i 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
(d) Debarment and suspension decisions,
Subject to the provisions of paragraph
(a), the City Manager shall render a
written decision stating the reasons for
the debarment or suspension. A copy of
the decision shall be provided promptly
to the Contractual Party, along with a
notice of said party's right to seep judicial
relief.
or Proposals.
1.24. DEFAULT/FAILURE TO
PERFORM - The City, shall be the sole
(4) Violation of Contract
judge of nonperformance, which shall
provisions, which is regarded
include any failure on the part of the
by the Chief Procurement
successful Bidder to accept the award, to
Officer to be indicative of
furnish required documents, and/or to
nonresponsibility. Such
fulfill any portion of this contract within
violation may include failure
the time stipulated.
without good cause to perform
in accordance with the terms
Upon default by the successful Bidder to
and conditions of a Contract or
meet any terms of this agreement, the
to perform within the time
City will notify the Bidder of the default
limits provided in a Contract,
and will provide the contractor three (3)
provided that failure to perform
days (weekends and holidays excluded)
caused by acts beyond the
to remedy the default. Failure on the
control of a party shall not be
contractor's part to correct the default
considered a basis for
within the required three (3) days shall
debarment or suspension.
result in the Contract being terminated
and upon the City notifying in writing
(5) Debarment or suspension of the
the contractor of its intentions and the
Contractual Party by any
effective date of the termination. The
federal, state or other
following shall constitute default:
governmental entity.
(6) False certification pursuant to
paragraph (c) below.
(7) Found in violation of a zoning
ordinance or any other city
ordinance or regulation and for
which the violation remains
noncompliant.
(8) Found in violation of a zoning
ordinance or any other city
ordinance or regulation and for
which a civil penalty or fine is
due and owing to the city.
(9) Any other cause judged by the
City Manager to be so serious
and compelling as to affect the
responsibility of the
Contractual Party performing
city Contracts.
A. Failure to perform the work 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 non conforming with the terms
of the Contract.
City of Miami Page 5
Bid No. 04-05-133
required by the Contract.
F. Failure to comply with any of the
terms of the Contract in any material
respect.
All costs and charges incurred by the
City as a result of a default or a default
incurred beyond the time limits stated,
together will) the cost of completing the
work, shall be deducted from any monies
due or which may become due on this
Contract.
1.25. DEBARRED/SUSPENDED
VENDORS — An entity or affiliate who
has been placed on the State of Florida
debarred or suspended vendor list may
not submit a bid on a contract to provide
goods or services to a public entity, may
not submit a bid on a contract with a
public entity for the construction or
repair of a public building or public
work, may not submit bids on leases of
real property to a public entity, may not
award or perform work as a contractor,
supplier, subcontractor, or consultant
under contract with any public entity, and
may not transact business with any public
entity.
1.26. DISCOUNTS OFFERED
DURING TERM OF CONTRACT -
Discount Prices offered in the Bid shall
be fixed after the award by the
Commission unless otherwise specified
in the Special Terms and Conditions.
Price discounts off the original prices
quoted in the Bid will be accepted from
successful Bidder(s) during the term of
the contract. Such discounts shall
remain in effect for a minimum of 120
days from npproval by the City
Commission Any discounts offered by a
manufacturer to Bidder will be passed on
to the City.
1.27. DISCREPANCIES, ERRORS,
AND OMISSIONS -Any discrepancies,
errors, or ambiguities in the Invitation for
Bids or addenda (if any) should be
reported in writing to the City's
Purchasing Department. Should it be
found necessary, a written addendum will
be incorporated in the Invitation for Bids
and will become part of the purchase
I
conditions quoted in its bid will be firm
(1) Bids will only be considered from
throughout the duration of the contract
entities who are regularly engaged
agreement (contract documents). The
(3) Bid does not conform to the
best industry practices in the '
goods and/or equipment required by
City will not be responsible for any oral
requirements of the Bid
industry as determined by the City.
demonstrate a satisfactory record of
instructions, clarifications, or other
(4) Bid requires a conditional award
of time.
sufficient financial., material,
communications.
that conflicts with the method of (2)
The City may consider any evidence
resources, and expertise to meet all
AGREEMENT (Sec. 18-105)
1.28. EMERGENCY / DISASTER
award
available regarding the financial,
-
used herein shall be construed to
PERFORMANCE - In the event of a
(5) Bid does not include required
technical and other qualifications
established entity in line with the
hurricane or other emergency ordisaster
samples, certificates,—licenses as
and abilities of a Bidder—includin
Page 6
situation, the successful vendor shall
required
past performance (experience) with
provide the City with time
(6) Bid was not executed by the
the City or any other governmental
commodities/services defined within the
Bidder's authorized agent on the Bid
entity in making the award.
scope of this bid at the price contained
Form.
tl ' d MA Further successful
wr un ven ors t , (4)
vendor shall deliver/perform for the city
-1. on a priority basis during such times of
emergency.
1.29. ENTIRE AGREEMENT - The
contract consists of this City of Miami Bid
and specifically this Section H,
Contractor's Response and any written
agreement entered into by the City of
Miami and Contractor, and represents the
entire understanding and agreement
between the parties with respect to the
subject matter hereof and supersedes all
other negotiations, understanding and
representations, if any, made by and
between the parties. To the extent that the
agreement conflicts with, modifies, alters
or changes any of the terms and conditions
contained in the Bid and/or Response, then
the Bid and then the Response shall
control. This Contract may be modified
only by a written agreement signed by the
City of Miami and Contractor.
1.30. ESTIMATED QUANTITIES -
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
bid. Said estimates may be used by the
City for purposes of determining the low
bidder meeting specifications, The City
reserves the right to acquire additional
quantities at the prices bid or at lower
prices, in this IFB.
1.31. EVALUATION OF BIDS
A. Reiection of Bids
The City may reject a Bid for any of the
following reasons:
(1) Bidder fails to acknowledge receipt
of addenda
(2) Bidder misstates or conceals any
material fact in the Bid
City of Miami
Bid No. 04-05-133
The foregoing is not an all inclusive list
of reasons for which a Bid may be
rejected. The City may reject and re -
advertise for all or any part of the Bid
Solicitation whenever it is deemed in the
best interest of the City.
B. Elimination From Consideration
(1) A contract shall not be awarded to
any person or firm which is in
arrears to the City upon any debt or
contract, or which is .a defaulter as
surety or otherwise upon any
obligation to the City.
(2) A contract may not be awarded to
any person or firm which has failed
to perform under the terms and
conditions of any previous contract
with the City or deliver on time
contracts of a similar nature.
(3) A contract may not be awarded to
any person or firm which has been
debarred by the City in accordance
with the City's Debarment and
Suspension Ordinance.
C. Determination of Responsibility
The City may require the Bidders)
to show proof that they have been
designated as an authorized
representative of a manufacturer or
supplier which is the actual source
of supply, if required by the Bid.
1.32. EXCEPTIONS TO
GENERAL AND OR SPECIAL
CONDIT-IONS OR
SPECIFICATIONS - Exceptions to
the specifications shall be listed on
the Bid Response Form and shall
reference the section. Any exceptions
to the General or Special Conditions
shall be cause for the bid to be
considered non-responsive.
1.33. F.O.B. 'DESTINATION -
Unless otherwise specified in the IFB, all
prices quoted by the bidder must be
F.O.B. DESTINATION, inside delivery,
with all delivery costs and charges
included in the bid price, unless
otherwise specified in this IFB. Failure
to do so may be cause for rejection of
bid.
1.34. FIRM PRICES - The bidder
warrants that prices, terms, and
conditions quoted in its bid will be firm
(1) Bids will only be considered from
throughout the duration of the contract
entities who are regularly engaged
unless otherwise specified in the IFB.
in the business of providing the
Such prices will remain firm for the
goods and/or equipment required by
period of performance or resulting
the Bid. Bidder's must be able to
purchase orders or contracts, which are to
demonstrate a satisfactory record of
be performed or supplied over a period
performance and integrity and have
of time.
sufficient financial., material,
equipment, facility, personnel
1.35. FIRST -SOURCE AIRING
resources, and expertise to meet all
AGREEMENT (Sec. 18-105)
contractual requirements. The terms
(a) The commission approves
implementation of the first -source
"equipment and organization" as
hiring agreement policy and requires
used herein shall be construed to
as a condition precedent to file
mean a fully equipped and well
execution of service contracts for
established entity in line with the
facilities, services, and/or receipt of
grants and loans, for projects of a
Page 6
i nature that create new jobs, the 1.36. GOVERNING LAW AND notice of its privacy information
successful negotiation offirst-source VENUE: practices including specifically, a
hiring agreements between the The validity and effect of this Contract description of the types of uses and
organization or individual receiving shall be governed by the laws of the State disclosures that would be made with
said contract and the authorized of Florida. The parties agree that any protected health information,
representative unless such an action, mediation or arbitration arising
agreement is found infeasible by the out of this Contract shall take place in 1.39. IDEMNIFICATION - The
city manager and such Ending Miaml--Dade County, ,lorida, Contractor shalJ indemnify . and save
'approved by the city commission al
I
apublic hearing.
(b) For the purpose of this section, the
following 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
successor as local recipient of
federal and state training and
employment funds.
Facilities means all publicly
financed projects, including but
without limitation, unified
development projects, municipal
public works, and municipal
improvements to the extent they are
financed through public money
services or the use of publicly
owned property.
Grants and loans means, without
limitation, urban development
action grants (UDAG), economic
development agency construction
.loans, loans from Miami Capital
Development, Incorporated, and all
federal and state grants administered
by the city.
Service contracts means contracts
for the procurement of services by
the city which include professional
services.
Services includes, without
limitation, public works
improvements, facilities,
professional services, commodities,
supplies, materials and equipment.
(c) The authorized representative shall
negotiate each first -source hiring
agreement.
(d) The primary beneficiaries of the
first -source hiring agreement shall
be participants of the city training
and employment programs, and
other residents of the city.
1.37. HEADINGS AND TERMS - The
beadings to the various paragraphs of this
Contract have been inserted for
convenient reference only and shall not
in any manner be construed as
modifying, amending or affecting in any
way the expressed terms and provisions
hereof.
1.38. HE, ALTH 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
harmless forever the City, and all the
City's agents, officers and employees
from and against all charges or claims
resulting from any bodily injury, loss of
life, or damage to property from any act,
omission or neglect, by itself or, its
employees; the Contractor shall become
defendant in every suit brought for any of
such causes of action against the City or
the 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 any such claims and any
resulting investigation.
information (=) and/or Protected
Health Information (PHI) shall comply 1.40. INFORMATION AND
with the Health Insurance Portability and DESCRIPTIVE LITERATURE
Accountability Act (HIPAA) of 1996 and Bidders must furnish all information
the City of Miami Privacy Standards. requested in the spaces provided on the
HIPAA mandates for privacy, security gid Response Form. Further, as may be
and electronic transfer standards, that specified elsewhere, each Bidder must
include but are not limited to: submit for bid evaluation cuts, sketches,
1. Use of information only fo descriptive literature and technical
performing services required by the
contract or as required by law;
2. Use of appropriate safeguards to
prevent nonpermitted disclosures;
3. Reporting to the City of Miami of any
nonpermitted use or disclosure;
4. Assurances that any agents andm
subcontractors agree to the sae
restrictions and conditions that apply
to the Bidder/Proposer and reasonable
assurances that IIHI/PHI will be held
confidential;
5. Making Protected Health Information
(PHI) available to the customer;
6. Making PHI available to the customer
for review and amendment; and
incorporating any• amendments
requested by the customer;
7. Making PER available to the City of
Miami for an accounting of
disclosures; and
8. Making internal practices, books and
records related to PHI available to the
City, of Miami for compliance audits.
PI -II shall maintain its protected status
regardless of the form and method of
transmission (paper records, and/or
electronic transfer of data). The Bidder/
Proposer must give its customers written
City of Miami Page 7
Bid No. 04-05-133
r specifications covering the products
offered. Reference to literature
submitted with a previous bid or on file
with the Buyer will not satisfy this
provision.
1.41. 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 or equipment required
to be provided by the Contractor under
this Contract conform to the terms of the
IFB. Contractor shall make available to
the City all reasonable facilities and
assistance to facilitate the performance of
tests or inspections by City
representatives. All tests and inspections
shall be subject. to, and made in
accordance with, the provisions of the
City of Miami Ordinance No. 12271
(Section 15-79), as same may be
amended or supplemented from time to
time.
1.42. INSPECTION OF BID - Sealed
bids received by the City pursuant to
Invitation For Bids will not be made
available until such time as the City
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1.43. 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 themanner
prescribed in this Invitation for Bids 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 documents in the
manner prescribed in this 1FB 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 may be prohibited from
submitting future bids to the City.
Information regarding any insurance
requirements shall be directed to the Risk
Administrator, Department of Risk
Management, at 444 SW 2nd Avenue, 9'a
Floor, Miami, Florida 33130, 305-416-
1604.
The Bidder shall be responsible for
assuring that the insurance
certificates required in conjunction
with this Section remain in force for
the duration of the contractual
period; including any and all option
terms that may be granted to the
Bidder.
1.44. INVOICES - Invoices shall
contain purchase order number and
details of goods or equipment delivered
(i.e. quantity, unit price, extended price,
etc).
City of Miami
Bid No. 04-05-133
other responsible and responsive bidder.
IAG. MANUFACTURER'S
CERTIFICATION - The City reserves
the right to request from bidders a
separate Manufacturer's Certification of
all statements made in the bid. Failure to
provide such certification may result in
the rejection of bid or termination of
contract, for which the bidder must bear
full liability.
1.47, MINORITY/WOMEN
PROCUREMENT PROGRAM -
Ordinance No. 10062, as amended,
entitled the Minoriii and Women
Business Affairs and Procurement
Ordinance of the City of Miami, Florida,
sets forth "...a goal of awarding at least
51 percent of the City's total annual
dollar volume of all expenditures for all
goods and services to Black, Hispanic
and Women minority business
enterprises on an equal basis." A
minority business enterprise is defined as
a business firm "...in which at least 51
percent of said enterprise is owned by
Blacks, Hispanics, or Women and whose
management and daily business
operations are controlled by one or more
Blacks, Hispanics or Women."
To achieve the goal established by these
Ordinances, participation in providing
goods and services to the City by
minorities is being encouraged in a
number of ways. All bidders doing
business with the City are encouraged to
include the participation of minority
firms in their bids. In evaluating bids for
determination of awards, minority
participation may be a factor. Failure to
adequately involve minority firms may
be a basis for rejecting any and all bids,
Possible ways to include minority
participation would involve:
1. Joint venture will) a minority firm(s)
2, Utilizing minority firm(s) as
subcontractor(s).
Page 8
Successful bidder(s) shall be required
to establish an -Affirmative 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 Information Sheet" in
Section 4.4. is provided to assist bidders
in presenting information contenting
minority+ participation.
Minority and women -owned business
firms are encouraged, but not required, to
register with the City prior to submitting
bids. The Purchasing Department,
Minority/Women Business Affairs
Office, will provide the necessary forms
and instructions upon request. All
bidders are urged to submit bids for any
goods or services 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
cooperation is greatly needed to aid the
City in achieving its goal. Bidders may
contact this Office at (305) 416-1913 for
information.
1.48. MODIFICATIONS OR
CHANGES IN PURCHASE ORDERS
AND CONTRACTS
No contract or understanding to modify
this IFB 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 or modification to the
contract, purchase order or award sheet
as appropriate.
1,49, NO INTEREST IN BIDDING
- If you do not wish to bid, please return
the "Statement of No Bid" form, stating
the reason. Failure to submit a response
after three (3) times without a sufficient
justification of "No Bid" will be cause
for removal from the Vendor/Bidder's
list.
provides notice of a decision or intended
1.45. LOCAL PREFERENCE - 3.
Utilizing minority firm(s) to supply
decision or within 10 days after bid
City Code Section 18-85, states that the
goods and/or services.
opening, whichever is earlier. Bid results
City Commission may offer to a 4.
Successful implementation of well
will be tabulated and may be furnished
responsible and responsive bidder, who
maintains a Local Office, the opportunity
defined affirmative action program.
upon request via fax or e-mail to the Sr.
of accepting a bid at the low bid amount, 5•
Other forms of minority
Buyer issuing the IP'B. Tabulations also
if' the original bid amount submitted by
participation, if properly
are available on the City's Jeb Site
the Jocal vendor is not more than ten
documented.
following recommendation for award.
percent (I 0"/o) in excess of the lowest
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1.43. 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 themanner
prescribed in this Invitation for Bids 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 documents in the
manner prescribed in this 1FB 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 may be prohibited from
submitting future bids to the City.
Information regarding any insurance
requirements shall be directed to the Risk
Administrator, Department of Risk
Management, at 444 SW 2nd Avenue, 9'a
Floor, Miami, Florida 33130, 305-416-
1604.
The Bidder shall be responsible for
assuring that the insurance
certificates required in conjunction
with this Section remain in force for
the duration of the contractual
period; including any and all option
terms that may be granted to the
Bidder.
1.44. INVOICES - Invoices shall
contain purchase order number and
details of goods or equipment delivered
(i.e. quantity, unit price, extended price,
etc).
City of Miami
Bid No. 04-05-133
other responsible and responsive bidder.
IAG. MANUFACTURER'S
CERTIFICATION - The City reserves
the right to request from bidders a
separate Manufacturer's Certification of
all statements made in the bid. Failure to
provide such certification may result in
the rejection of bid or termination of
contract, for which the bidder must bear
full liability.
1.47, MINORITY/WOMEN
PROCUREMENT PROGRAM -
Ordinance No. 10062, as amended,
entitled the Minoriii and Women
Business Affairs and Procurement
Ordinance of the City of Miami, Florida,
sets forth "...a goal of awarding at least
51 percent of the City's total annual
dollar volume of all expenditures for all
goods and services to Black, Hispanic
and Women minority business
enterprises on an equal basis." A
minority business enterprise is defined as
a business firm "...in which at least 51
percent of said enterprise is owned by
Blacks, Hispanics, or Women and whose
management and daily business
operations are controlled by one or more
Blacks, Hispanics or Women."
To achieve the goal established by these
Ordinances, participation in providing
goods and services to the City by
minorities is being encouraged in a
number of ways. All bidders doing
business with the City are encouraged to
include the participation of minority
firms in their bids. In evaluating bids for
determination of awards, minority
participation may be a factor. Failure to
adequately involve minority firms may
be a basis for rejecting any and all bids,
Possible ways to include minority
participation would involve:
1. Joint venture will) a minority firm(s)
2, Utilizing minority firm(s) as
subcontractor(s).
Page 8
Successful bidder(s) shall be required
to establish an -Affirmative 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 Information Sheet" in
Section 4.4. is provided to assist bidders
in presenting information contenting
minority+ participation.
Minority and women -owned business
firms are encouraged, but not required, to
register with the City prior to submitting
bids. The Purchasing Department,
Minority/Women Business Affairs
Office, will provide the necessary forms
and instructions upon request. All
bidders are urged to submit bids for any
goods or services 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
cooperation is greatly needed to aid the
City in achieving its goal. Bidders may
contact this Office at (305) 416-1913 for
information.
1.48. MODIFICATIONS OR
CHANGES IN PURCHASE ORDERS
AND CONTRACTS
No contract or understanding to modify
this IFB 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 or modification to the
contract, purchase order or award sheet
as appropriate.
1,49, NO INTEREST IN BIDDING
- If you do not wish to bid, please return
the "Statement of No Bid" form, stating
the reason. Failure to submit a response
after three (3) times without a sufficient
justification of "No Bid" will be cause
for removal from the Vendor/Bidder's
list.
Vendors are encouraged to register on- afforded equal opportunity
line by visiting the City's website at employment.
hllp:/lpvawv.ci.nnami:O.uslprocu semen t/.
1.50. NO PARTNERSHIP OR JOINT
VENTURE - Nothing contained in this
Contract will be deemed or construed to
create a partnership or joint venture
between the City of Miami and
Contractor, or to create any other similar
relationship between the parties.
1.51. NONCONFORMANCE TO
CONTRACT CONDITIONS - Items
may be tested for compliance with
specifications under the direction of the
Florida Department of Agriculture and
Consumer Services or by other
appropriate testing Laboratories as
determined by the City. The data derived
from any test for compliance with
specifications is public record and open
to examination thereto in accordance
with Chapter 119, Florida Statutes. Items
delivered not conforming to
specifications may be rejected and
returned at Bidder's expense. These non-
conforming items not delivered as per
delivery date in bid and/or Purchase
Order may result in bidder being found in
default in which event any and all
reprocurement costs may be charged
against the defaulted contractor. Any
violation of these stipulations may also
result in the supplier's name being
removed from the City of Miami's
bidder's list.
1.52. NONDISCRIMINATION -
Bidder agrees that it shall not
discriminate as to race, sex, color, age,
religion, national origin, marital status, or
disability in connection with its
performance under this solicitation.
Furthermore, Bidder agrees that no
otherwise qualified individual shall
solely by reason of his/her race, sex,
color, age, religion, national origin,
marital status or disability be excluded
from the participation in, be denied
benefits of, or be subjected to,
discrimination under any program or
activity.
In connection with the conduct of its
business, including performance of
services and employment of personnel,
Bidder shall not discriminate against any
person on the basis of race, color,
religion, disability, "age, sex, marital
status or national origin. All persons
having appropriate qualifications shall be
for similar sources for the purchase of these
goods or equipment as may be available.
1.53. OCCUPATIONAL
It is hereby agreed and understood flint
LICENSE - Any person, firm,
this solicitation does not constitute the
corporation or joint venture, with a
exclusive rights of the successful
-business -location -in-the-Gity-of-Miami
bidder(s) to receive all orders that may be
generated by theCity inn nonjunction wwilh
and is submitting a Bid under this IFB
this Solicitation.
shall meet the City's Occupational
License Tax requirements in accordance
In addition, any and all commodities,
with Chapter 31.1, Article I of the City of
equipment, and services required by the
Miami Charter. Others with a location
City in conjunction with construction
outside the City of Miami shall meet
projects are solicited under a distinctly
their local Occupational License Tax
different bid process and shall not be
purchased under the terms, conditions
requirements. A copy of the license must
and awards rendered under this
be submitted with the Bid; however, the
solicitation, unless such purchases are
City may at its sole option and in its best
determined to be in the best interest of
interest allow the Bidder to supply the
the City.
license to the City during the evaluation
period, but prior to award.
1.54. OWNERSE IP OF
DOCUMENTS - It is understood by and
between the parties than any documents,
records, files, or any other matter
whatsoever which is given by the City to
the successful Bidder pursuant to this
solicitation shall at all times remain the
property of the City and shall not be used
by the Bidder for any other purposes
whatsoever without the written consent
of the City.
1.55, 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.
1.56. I2ERFORMANCE BOND - A
Contractor may be required to furnish a
Performance Bond as part of the
requirements of this Contract, in an
amount equal to one hundred percent
(100%) of the contract price.
1.57. NON-E,XCLUSIVI;
CONTRACT/ PIGGYBACK
PROVISION - At such times as may
serve its best interest, the City of Miami
reserves the right to advertise for,
receive, and award additional bids for
these herein items, and to make use of
other competitively bid (governmental)
contracts, SNAPS Agreements, or other
City of Miami page 9
Bid No. 04-05-133
1.58, PREPARATION OF BIDS -
Bidders are expected to examine the
specifications, required delivery,
drawings, and all special and general
conditions. All bid amounts shall be
typewritten entered into the space
provided with ink. Failure to do so will
be at the Bidder's risk.
A. Each Bidder shall furnish the
information required in the IFB.
The Bidder shall sign the IFB and
print in ink or type the name of the
Bidder, address, and telephone
number on the face page and on
each continuation sheet thereof on
which he/she makes an entry, as
required.
B. The unit price for each unit offered
shall be shown, and such price shall
include packaging, handling and
shipping, and F.O.B. Miami
delivery inside City premises unless
otherwise specified. Bidder shall
include in the response all taxes,
insurance, social security,
workmen's compensation, and any
other benefits normally paid by the
Bidder to its employees. If
applicable, a unit price shall be
entered in the "Unit Price" column
for each item. Based upon
estimated quantity, an extended
price shall be entered in the
"Extended Price" column for each
item offered. In case of a
discrepancy between the unit price
and extended price, the unit price
will be presumed correct.
C. The Bidder must state a definite
time, if required, in calendar days
for delivery of goods or equipment.
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D. The Bidder should retain a copy of
all bid documents for future
Preference.
L E All bid res onse forms as described
1.62, PROMPT PAYMENT - Bidders
may offer a cash discount for prompt
payment; however, discounts shall not be
considered in determining the lowest -Det
cost for bid evaluation purposes.
benefit of the parties hereto and their
respective heirs, legal representatives,
successors and assigns.
1.65. PUBLIC ENTITY CRIMES - A
p person or affiliate who has been placed
under Section 4.0, must be fully on the convicted vendor list following a
completed att I typed or printed in Bidders—aryment terms iprovide space
convicfion far a public entity crime may
ink and must be signed in ink with Prompt payment terms in the space not submit a bid on a contract to provide
the firm's name and by an officer or Provided on the Bid Certification any goods or services to a public entity,
--� employee having authority to bind Statement Fort (Section No. 4.1.). If no may not submit a bid on a contract with a
the company or firm by his/her Prompt payment discount is being public entity for the construction or
offered, the Bidder must enter zero (0)
signature. Bids having any erasures repair of a public building or public .
or corrections must be initialed in for the percentage discount to indicate no work, may not submit bids on leases of
—I ink by person signing the bid or the discount. If the Bidder fails to enter a real property to a public entity, may not
bid may be rejected. percentage, it is understood and agreed be awarded or perform work as a
—1 that the terms shall be 2% 20 days, contractor, supplier, subcontractor, or
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The City of Miami's Bid Response
Forms which are attached to this
solicitation should be used when
Bidder is submitting its bid. Use of
any other forms will result in the
rejection of the bid. THE
ORIGINAL AND THREE (3)
COPIES OF THESE SETS OF
FORMS AND ANY REQUIRED
ATTACHMENTS MUST BE
RETURNED TO THE CITY OR
YOUR BID MAY, BE
DISQUALIFIED.
1.59. 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.
1.60. 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 representative(s) to supply a
substitute product at the bid price or
lower, provided that a sample is approved
in advance of delivery and that the new
product meets or exceeds all quality
requirements.
1.61. 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.
City of Miami
Bid No. 04-05-133
effective after receipt o invoice or fma consultant under a contract with any
acceptance by the City, whichever is public entity, and may not transact
later, business with any public entity in excess
of the threshold amount provided in
When the City is entitled to a cash
discount, the period of computation will
commence on the date of delivery, or
receipt of a correctly completed invoice,
whichever is later. If an adjustment in
payment is necessary due to damage, the
cash discount period shall commence on
the date final approval for payment is
authorized. If a discount is part of the
contract, but the invoice does not reflect
the existence of a cash discount, the City
is entitled to a cash discount with the
period commencing on the date it is
determined by the City that a cash
discount applies.
Price discounts off the original prices
quoted on the Price Sheet will be
accepted from successful bidders during
the term of the contract.
1.63. PROPERTY - Property owned
by the City of Miami is the responsibility
of the City of Miami. Such property
furnished to a Contractor for repair,
modification, study, etc., shall remain the
property of the City of Miami. Damages
to such property occurring while in the
possession of the Contractor shall be,the
responsibility of the Contractor. Damages
occurring to such property while in route
to the City of Miami shall be the
responsibility of the Contractor. In the
event that such property is destroyed or
declared a total loss, the Contractor shall
be responsible for replacement value of
the property at the current market value,
less depreciation of the property if any.
1.64. PROVISIONS BINDING -
Except as otherwise expressly provided
in this Contract, all covenants, conditions
and provisions of this Contract shall be
binding upon and shall inure to the
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Section 287.017, f6r CATEGORY TWO
for a period of 36 months from the date
of being placed on the convicted vendor
list.
1.66. 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 result in the immediate
cancellation of this Contract by the City.
1.67. QUALITY -. All materials used
in the manufacturing or construction of
supplies, materials, or equipment covered
by this bid shall be new. The items bid
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 IFB.
1.68. QUALITY OF WORK — The
work performed must be of the highest
quality and workmanship. Materials
furnished to complete the service shall be
new and of the highest quality except as
otherwise specified in this IFB.
1.69. REMEDIES PRIOR TO
AWARD (Sec. 18-106)
If prior to Contract award it is determined
that a 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
Interest is published in a newspaper of upon which the protest of the solicitation
law.
general circulation. A notice of intent to
or the award is based, and shall include
file it protest is considered filed when
all pertinent documents and evidence and
1.70. RESOLUTION OF
received by the Chief Procurement
shall be accompanied by the required
CONTRACT DISPUTES (Set. 18- ,
Officer; or
Filing Fee as provided in subsection (f).
J105)
ii. Any prospective bidder who intends
.This shall form the basis for review of
(a) Authority to resolve Contract
to contest Bid Specifications or a bid
the written protest and no facts, grounds,
disputes. The City Manager, after
solicitation mny protest to the Chief
documentation or evidence no( contained
obtaining the approval of the city
Procurement Officer, A written notice of.
in the protester's submission to the Chief
J attorney, shall have the authority to
intent to file a protest shall be filed with
Procurement Officer at the time of filing
resolve controversies between the
the Chief Procurement Officer within
the protest shall .be permitted in the
Contractual Party and the city which
three days after the bid solicitation is
consideration of the written protest,
arise under, or by virtue of, a Contract
published in a newspaper of general
between them; provided that, in cases circulation. A notice of intent to file a
involving an amount greater than protest is considered filed when received
$25,000, the City Commission must by the Chief Procurement Officer,
j approve the City Manager's decision.
Such authority extends, withou
J limitation, to controversies based upon
breach of Contract, mistake
misrepresentation or lack of complete
performance, and shall be invoked by
Contractual Party by submission of
protest to the City Manager.
(b) Contract dispute decisions. If a
dispute is not resolved by mutual
consent, the City Manager shall promptly
render a written report stating the reasons
for the action taken by the City
Commission or the City Manager which
shall be. final and conclusive. A copy of
the decision shall be immediately
provided to the protesting party, along
with a notice of such party's right to seek
judicial relief, provided that the
protesting party shall not be entitled to
such judicial relief without first having
followed the procedure set forth in this
section,
1.71. RESOLUTION OF
PROTESTED SOLICITATIONS AND
AWARDS (Sec. 18-104)
(a) Right to protest, The following
procedures shall be used for resolution of
protested solicitations and awards except
for purchases of goods, supplies,
equipment, and services, the estimated
cost of which does not exceed $25,000.
Protests thereon shall be governed by the
Administrative Policits and Procedures
of Purchasing.
1. Protest of Solicitation.
i. Any prospective proposer who
perceives itself aggrieved in connection
with the solicitation of a Contract may
protest to the Chief Procurement Officer.
A written notice of intent to file a protest
shall be filed with the Chief Procurement
Officer within three days after the
Request for Proposals, Request for
Qualifications or Request for Letters of
City of Miami
Bid No. 04-05-133
t 2. Protest of Award.
i. Any actual proposer who perceive:
itself -aggrieved in connection with tht
recommended award of Contract ma}
a protest to the Chief Procurement Officer,
a A written notice of intent to file a protest
shall be filed with the Chief Procurement
Officer within two days after receipt by
the proposer of the notice of the City
Manager's recommendation for award of
Contract. The receipt by proposer of such
notice shall be confirmed by the city by
facsimile or electronic mail or U.S. mail,
return receipt requested. A notice of
intent to file a protest is considered filed
when received by the Chief Procurement
Officer; or
ii. Any actual Responsive and
Responsible Bidder whose Bid is lower
than that of the recommended bidder may
protest to the Chief Procurement Officer,
A written notice of intent to file a protest
shall be filed with the Chief Procurement
Officer within two days after receipt by
the bidder of the notice of the city's
determination of non responsiveness or
non responsibility. The receipt by bidder
of such notice shall be confirmed by the
city by facsimile or electronic mail or
U.S. mail, return receipt requested, A
notice of intent to file a protest is
considered filed when received by the
Chief Procurement Officer.
iii. A written protest based on any of
the foregoing must be submitted to the
Chief Procurement Officer within five (5)
days after the date the notice of protest
was filed. A written protest is considered
filed when received by the Chief
Procurement Officer.
The written protest may not challenge the
relative weight of the evaluation criteria
or the formula for assigning points in
making an award determination.
No time will be added to the above limits
for service by mail. In computing any
period of time prescribed or -allowed by
this section, the day of the act, event or
default from which the designated period
of time begins to run shall not be
included. The last day of the period so
computed shall be included unless it is a
Saturday, Sunday - or legal holiday in
which event the period shall run until the
end of the next day which is neither a
Saturday, Sunday or legal holiday.
Intermediate Saturdays, Sundays and
legal holidays shall be excluded in the
computation of the time for filing.
(b) Authority to resolve protests. The
Chief Procurement Officer shall have the
authority, subject to the approval of the
City Manager and' the city attorney, to
settle and resolve any written protest.
The Chief Procurement Officer shall
obtain the requisite approvals and
communicate said decision to the
protesting party and shall submit said
decision to the City Commission within
30 days after he/she receives the protest.
In cases involving more than $25,000,
the decision of the Chief Procurement
Officer shall be submitted for approval or
disapproval thereof to the City
Commission after a favorable
recommendation by the cit), attorney and
the City.Manager.
(c) Compliance with filing requirements.
Failure of a party to timely file either the
notice of intent to file a protest or the
written protest, together with the required
Filing Fee as provided in subsection (f),
with the Chief Procurement Officer
within the time provided in subsection
(a), above, shall constitute a forfeiture of
such party's right to file a protest
pursuant to this section. The protesting
party shall not be entitled to seek judicial
relief without first having followed the
procedure set forth in this section
(d) Stay of Procurements during protests.
The written protest shall state with Upon receipt of a written protest fled
particularity the specific facts and law pursuant to the requirements of this
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section, the city shall not proceed further and replacements that will be provided.
TURN LEFT, PROCEED SOUTH To
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with the solicitation or with the award of
bidders must explant on the attached Bid
So. BAYSHORE DR. (3RD
the Contract until the protest is resolved Response Form to what extent warranty
TRAFFIC LIGHT) , TURN LEFT,
1 BLOCK TURN RIGHT ON PAN
by the Chief Procurement Officer or the .
and service facilities are available. A
AMERICAN DR. CITY HALL Is
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City Commission as provided in
AT THE END OF PAN AMERICAN
subsection (b) above, unless the City copy of the manufacturer's warranty, if
DR. PARYING IS ON RIGHT.
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g er makes kes a written determination applicable, should be submitted with
FROM THE SOUTH: USI NORTH
TO 2-22IJ A�11�, TURN RIGHT,
that the solicitation prOCCSS Or the your bid.
PROCEED SOUTH TO 50.
Contract award must be continued
BAYSHORE DR. (3RD TRAFFIC
without dela in order to avoid an
y
1.7s. SILENCE or
LIGHT), TURN LEFT, 1 BLOCK.
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immediate and serious danger to the
SPECIF CATIONS - Tile apparent
TURN RIGHT, ON PAN AMERICAIJ
DR. CITY HALL Is AT THE
public health, safety or welfare,
silence of these specifications and any
END of PAN AMERICAN DR.
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(e) Costs. All costs accruing from a
supplemental specification as to any
PARKING IS OIJ RIGHT.
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protest shall be assumed by the protestor.
detail or the omission from it of detailed C.
Telegraphic bids or facsimile will
description concerning any point shall be
not be considered.
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(f) Filing Fee. The written protest must
regarded as meaning that only the best
be accompanied by a filing fee in the
commercial practices are to prevail and D.
-Failure to follow these procedures is
form of a money order or cashier's check
that only materials of first quality and
cause for rejection of bid,
payable to the city, in an amount equal to
correct type, size and design are to used.
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one percent of the amount of the Bid or
All workmanship is to be first quality. E.
The responsibility for obtaining and
Proposed Contract, or 15000,00,
submitting this bid to the City
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whichever is less, which filing fee shall
Clerk's Office on or before the time
guarantee the payment of all costs which
All interpretations of these specifications
and date is solely and strictly the
may be adjudged against the protestor in
shall be made upon the basis of this
responsibility of Bidder, The City
any administrative or court proceeding. If
statement.
of Miami is not responsible for
a protest is upheld by the Chief
delays caused by the United States
Procurement Officer and/or the City
If your firm has a current contract with
mail delivery or caused by any other
Commission, as applicable, the filing fee
the State of Florida, Department of
-occurrence. Bids received by the
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shall be refunded to the protestor less any
General Services, to supply the items on
City Clerk after bids have begun to
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costs assessed under subsection (e)
this bid, the bidder shall quote not more
be opened will be returned
above. If the protest is denied, the filing
unopened, and will not be
fee shall be forfeited to the city in lieu of
than the contract price; failure to comply
considered for award.
payment of costs for the administrative
with this request will result in
proceedings as prescribed by subsection
disqualification of bid.. F.
Late bids will be rejected.
(e) above.
1.76.. SUBMISSION AND G.
All bids are subject to the conditions
1.72. SAMPLES - Samples of items,
RECEIPT OF BIDS - Bids must be
specified herein. Those which do
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when required, must be submitted within
received at the designated location and
not comply with these conditions are
the time specified. at no expense to the
at, or before, the specified time of
subject to rejection.
City. If not destroyed by testing,
opening as designated in the FB. NO
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bidder(s) will be notified to remove
EXCEPTIONS. Bidders are welcome to H.
Modification of bids already
samples, at their expense, within 30 days
attend bid opening; however, no award
submitted will. be considered only if
after notification. Failure to remove the
will be made at that time. A bid
received at the City Clerk's Office
samples will result in the samples
tabulation will be furnished upon request;
before the time and date set for
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becoming the property of the City.
and, Bidder must enclose a self-
opening bids. All modifications
addressed, stamped envelope when
must be submitted in writing. Once
1.73. SELLING,
submitting a bid to receive the tabulation.
a bid is opened, the City will not
TRANSFERRING OR ASSIGNING
consider any subsequent submission
RESPONSIBILITIES - Contractor shall
A. Bids shall be enclosed in a sealed
which alters the bid,
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not sell, assign, transfer or subcontract at
envelope. The face of the envelope
must show the hour and date I.
If bids are submitted at the same
any time during the term of the Contract,
specified for receipt of bids, the bid
time for different solicitations, each
or any part of its operations, or assign
number, and the name and return
bid must be placed in a separate
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any portion of the performance required
address .of the Bidder. Bids not
envelope and each envelope must
by this. contract, except under and by
submitted on the requisite Bid
contain the information previously
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virtue of written permission granted by
Response Forms may be rejected.
stated in 1.76.A.
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the City through the proper officials,
which may be withheld or conditioned, in B. Bid must be submitted to the office 1.77.
TAKES - The City of Miami is
and address listed on the front page exempt from an), taxes imposed by the
the City's sole discretion.
of this IFB by the time specified to State
and/or Federal Government.
be considered for award. Exemption certificates will be provided
1.74. SERVICE AND
Directions: upon
;
request.
WARRANTY — When specified, the
FROM THE NORTH: I-95 SOUTH
bidder shall define all warranty, service
UNTIL IT TURNS INTO US1.
US1 SOUTH TO 27TH AVE.,
City of Miami
Page 12
Bid No. 04-06-133
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1 1.78. TERMINATION - The City
of Miami reserves the right to terminate
this contract by written . notice to the
contractor effective the dale specified in
the notice should any of the following
J apply:
A. The contractor is determined by the
City to be in breach of any of the
terms and conditions ofthe contract.
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B. The City has determined that such .
termination will be in the best
interest of the City to terminate the
contract for its own convenience;
C. Funds are not available to cover the
cost of the goods or equipment. The
City's obligation is contingent upon
the availability of appropriate funds.
1.79. TERMS OF PAYMENT -
Payment will be made by the City after
the items awarded to a Bidder have been
1 received, inspected, and found to comply
j with award specifications, free of damage
or defect, and properly invoiced. No
advance payments of any kind will be
1 made by the City of Miami.
1 Payment shall be made after delivery,
.within 45 days of receipt of an invoice
1 and authorized inspection and
acceptance of the services/goods and
pursuant to Florida Statute 218.74 and
other applicable law.
i 1.80. TffyMf LY DEUVRRY - Time
1 will be of the essence for any orders
placed as a result of this bid. The City
j reserves the right to cancel such orders,
JJ or any part thereof, without obligation, if
delivery is not made within the time(s)
specified on the ]aid Form. Deliveries
J are to made during regular City business
hours unless otherwise specified in the
Special Conditions.
1.81. TITLE - Title to the goods or
equipment shall not pass to the City until
after the City has accepted the
goods/equipment or used the goods,
whichever comes first.
1.82. VARIATIONS OF
SPECIFICATIONS - For purposes of
bid evaluation, bidders must indicate any
J variances from bid specifications and/or
conditions, no matter how slight. If
variations are not stated on the Bid
1 Response Form, it will be assumed that
the product fully complies with the City's
specifications,
City of Miami Page 13
Bid No. 04-06-133
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�l 2.0 SPECIAL CONDITIONS
u 2.1. PURPOSE:
The purpose of this Bid is to establish a contract, by means of sealed bids, for the furnishing of
nutritious snacks to participants in the City's Out of School Time Program, in accordance with
guidelines and requirements imposed by the State of Florida and the United States Department of
Agriculture.—This program is adrhinistered-by Mr.—Zachariah-Evangeliste, Department -of -Parks
and Recreation.
J 2.2. DEADLINE FOR RECEIPT OF REQUEST FOR ADDITIONAL INFORMATION/
CLARIFICATION
Any request for additional information or clarification must be received by no later than the
deadline date specified on the cover sheet of this solicitation. Bidders may fax, mail, or email
their requests to the attention of Ms. Maritza Suarez, Sr. Procurement Specialist at the City of
Miami, Purchasing Department, 444 SW 2"d Avenue, 6th Floor, Miami, Florida 33130. Facsimile
Number 305-416-1925.
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2.3. TERM OF CONTRACT
The Contract shall commence upon the date of notice of award and shall be effective for
J one (1) year with the option to extend for two (2) additional one (1) year periods, subject to the
availability of funds for succeeding fiscal years.
2.4. NON -APPROPRIATION OF FUNDS
JIn the event no funds or insufficient funds are appropriated and budgeted or are otherwise
unavailable in any fiscal period for payments due under this contract, then the City, upon written
notice to Contractor or his assignee of such occurrence, shall have the unqualified right to
terminate the contract without any penalty or expense to the City.
2.5. BIDDER QUALIFICATIONS
a) Bids will be considered only from firms that are regularly engaged in the business of
providing goods as described in this Bid; that have a record of performance for a reasonable
period of time; and that have sufficient financial support, equipment and organization to
insure that they can satisfactory execute the services if awarded a Contract under the terms
and conditions herein stated.
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b) Be a registered and approved vendor by the Department.of Health, Bureau of Child Nutrition
Programs, and shall provide all information requested on the Bid Form,
Jc) Have current State of Florida Health certificate for food preparation facilities.
d) Have documentation evidencing appropriate state approval to operate a food service facility.
e) Not have any member, officer, or stockholder that is in arrears or is in default of any debt or
J contract involving the City, is a defaulter surety otherwise, upon any obligation to the City,
and/or has failed to perform faithfully on any previous contract with the City.
f) Have no record of pending lawsuits or criminal activities, and have never been declared
bankrupt.
The term "equipment and organization" as used herein shall be, construed to mean a fully
equipped and. well established industry as determined by the proper authorities of the City of
Miami, Florida.
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2.6. FAILURE TO PERFORM / PENALTIES
1 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.
City of Miami Page 14
Bid No. 04.05-133
2.7. INSURANCE REQUIREMENTS
INDEMNIFICATION
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, losses 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
J and liabilities incurred in the defense of any such claim, or the investigation thereof.
The bidder shall furnish to City of Miami, c/o Purchasing Department, 444 SW 2nd Avenue, 61h
Floor, Miami, Florida 33130, Certificate(s) of Insurance which indicate that insurance coverage
J has been obtained which meets the requirements as outlined below:
a. Worker's Compensation Insurance in accordance with applicable state laws and regulations
and Employer's Liability Insurance with a limit of not less than $100,000.
b. Comprehensive General Liability Insurance covering all operations and services under the
contract with limits of bodily injury and property damage coverage of not less than $300,00
combines single limit issued on a per occurrence basis. City must be shown as an additional
insured with respect to this coverage.
c. Comprehensive Automobile Liability Insurance, including owner, non -owned and hired
vehicle coverage of not less than $100,000 combined single limit, issued on a per occurrence
basis, if operations and services under the contract involve the use of operation of
automotive vehicles on City premises.
The City needs to be named as additional insured. BINDERS ARE UNACCEPTABLE.
The insurance coverage required shall include those classifications, as listed in standard liability
insurance manuals, which most nearly reflect the operations of the bidder.
All insurance policies required above shall be issued by companies authorized to do business
under the laws of the State of Florida, with the following qualifications:
The Company must be rated no less than "B" as to management, and no less than "Class V" as
to financial strength, by the latest edition of Best's Key Rating Insurance Guide or acceptance of
insurance company which holds a valid Florida Certificate of Authority issued by the State of
Florida, Department of Insurance, and are members of the Florida Guarantee Fund.
Certificates will indicate no modification or change in insurance shall be made without thirty (30)
days written advance notice to the certificate holder.
NOTE: CITY BID NUMBER AND/OR TITLE OF BID MUST APPEAR ON EACH CERTIFICATE,
Compliance with the foregoing requirements shall not relieve the bidder of his liability and
obligation under this section or under any other section of this Agreement. •
--If insurance certificates are scheduled to expire during the contractual period, the Bidder
shall be responsible for submitting new or renewed insurance certificates to the City at a
minimum of ten (10) calendar days in advance of such expiration.
--In the event that expired certificates are not replaced with new or renewed certificates which
cover the contractual period, the City shall:
d. Suspend the contract until such time as the new or renewed certificates are received by the
City in the manner prescribed in the Invitation To Bid.
City of Miami Page 15
Bid No. 04-05-133
e. 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 Terms and Conditions
of the Bid.
J Certificates of insurance coverage described above shall be furnished by the awarded vendor
IJ within thirty (30) days after notice of award. Failure, by the awarded vendor to furnish the
req uired-certificates-within-the-time-designated-shall-cause-the-C-ity-to-withdraw -the--award -and
proceed with -the next lowest responsive bidder. The Bidder shall be responsible for assuring that
J the insurance certificates required in conjunction with this Section remain in force for the duration
of the contractual period; including any and all option terms that may be granted to the Bidder.
—1 2.8. CONTRACT ADMINISTRATOR
J Upon award, contractor shall report and work directly with Mr, Zachariah Evangeliste, who shall
be designated as the Contract Administrator.
2.9. BID CLARIFICATION:
JAny questions or clarifications concerning this Invitation to Bid shall be submitted in writing by
mail or facsimile to the Purchasing Department, Ms. Maritza Suarez, Sr. Procurement Specialist;
fax: (305) 416-1925. The bid title and number shall be referenced on all correspondence. All
questions must be received no later than the date specified on the cover page. All responses to
—� questions will be sent to all prospective bidders in the form of an addendum. NO QUESTIONS
WILL BE RECEIVED VERBALLY OR AFTER SAID DEADLINE.
2.10. TIE BIDS:
J Whenever two or more Bids which are equal with respect to price, quality and service are
received by the City for the procurement of commodities or contractual services, a Bid received
from a business that certifies that is has implemented a drug-free workplace program shall be
given. preference in the award process. Established procedures for processing tie Bids will be
followed if none of the tied vendors have a drug-free workplace program. In order to have a drug-
free workplace program, a business shall:
a. Publish a statement notifying employees that the unlawful manufacture, distribution,
dispensing, possession, or use of a controlled substance is prohibited in the workplace and
�I specifying the action that will be taken against employees for violations of such prohibition.
b. Inform employees about the dangers of drug abuse in the workplace, the business' policy of
maintaining a drug-free workplace, any available drug counseling, rehabilitation, and
employee assistance programs, and the penalties that may be imposed upon employees for
drug abuse violations.
c. Give each employee engaged in providing the commodities or contractual services that are
under Bid a copy of the statement specified in subsection (1).
J
d. In the statement specified in subsection (1), notify the employees that, as a condition of
-� working on the commodities or contractual services that are under Bid, the employee will
abide by the terms of the statement and will notify the employer of any conviction of, or plea
J of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance
law of the United States or any state, for a violation occurring in the workplace no later than
five (5) days after such conviction.
e. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or
rehabilitation program, if such is available in the employee's community, by any employee
who is so convicted.
f. Make a good faith effort to continue to maintain a drug-free workplace through
implementation of this section.
2.11. EXCEPTIONS TO SPECIFICATIONS:
City of Miami
Bid No. 04-05-133
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Page 16
Exceptions to the specifications shall be listed on the Bid Response Form and shall reference the
section. Any exceptions to the General or Special Conditions shall be cause for the bid to be
considered non-responsive.
2.12. SPECIFICATIONS AND BID PACKAGE
(a) Bidders shall adhere to all specifications, requirements and menus included in this invitation
to-bid—Any-variance-to-the-specifications,–not-matter-how-slight,–must-be-explained.
(b) Specifications have been summarized on the attached sample schedule and menus. Bidders
shall carefully review the documents provided, and shall inform themselves thoroughly of the
needs and requirements that may in any manner affect these programs. NO ALLOWANCE
WILL BE MADE BECAUSE OF LACK OF KNOWLEDGE OF THESE CONDITIONS.
2.13. ADDITIONAL TERMS AND CONDITIONS
No additional terms and conditions included with the bid response shall be evaluated or
considered, and any and all such additional terms and conditions shall have no force or effect
and are inapplicable to this bid. If submitted either purposely, through intent or design, or
inadvertently, appearing separately in transmittal letters, specifications, literature, price lists or
warranties, it is understood and agreed that the General 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 acknowledgment form attests to this.
City of Miami Page 17
Bid No. 04-05-133
3.0 SPE CITICATIONS
See attached Florida Department of Health Invitation To Bid, marked as "Exhibit A".
City of Miami Page 18
Bid No. 04-05-133
(7)
4.0 BID RESPONSE FORM
4.1. Certification Statement
Please-quote-on=this for-m(s)-net.-pricesfor_the_item(s)_listed_Return-signed-original_and_reta in a
copy for your files. Prices should include all costs, including transportation to destination. The
City reserves the right to accept or reject all or any part of this bid. Prices should be firm for a
minimum of 120 days following the time set for opening of the bids.
In the event of errors in extension of totals, the unit prices shall govern in determining the
quoted prices.
We (1) certify that we have read your Invitation for Bids, completed the necessary documents,
and propose to furnish and deliver, F.O.B. DESTINATION, the items or services specified
herein.
The undersigned hereby certifies that neither the contractual party nor any of its principal
owners or personnel have been convicted of any of the violations, or debarred or suspended as
set in section 18-107 or Ordinance No. 12271.
All exceptions to this bid have been documented in the section below (refer to paragraph and
section).
EXCEPTIONS:
Payment Terms: 2% 10 days90 Net 30 daysl�eS
Delivery or Completion of project will be made within 1 calendar days ' after receipt of
purchase order.
We (1) certify that any and all information contained in this bid is true; and _we (1) further certify
that this bid is made without prior understanding, agreement, or connection with any
corporation, firm, or person submitting a bid for the same materials, supplies, equipment, or
service, and is in all respects fair and without collusion or fraud. We (1) agree to abide by all
terms and conditions of this IFB and certify that I am authorized to sign this bid for the bidder.
Please print the following and sign your name: `
NAME OF BIDDER: G�Ja e� �'\CLN 042160-(5, (� �V &
ADDRESS: 4D -1 A' UV, AUW'Ue
PHONE: 6cyj-) 03 ` 4MCD FAX: t�I�JJ �3� SZDZ
EMAIL: ino V (�fflcd�u+ Corti BEEPER:
. 4I
SIGNED BY:
TITLE: 'Pa
DATE:
FAILURE TO COMPLETE, SIGN, AND RETURN THIS FORM SHALL DISOUALIF Y THIS I3M.
i City of Miami Page 19
J Bid No. 04-05-133
Bid Response Form - Certification Statement (Page 2 of 3)
CERTIFICATE OF AUTHORITY
(1F CORPORATION)
II—HE BY CE/R,TfFI'--that—,�t^—a—meeting--of---the --Board—of—birectors�of
C�r��cxE� 1 �GLi�'ll I_C:t'�LP (L) (S ; LSIC. , a corpor tjon organized and existing under
the laws of the State of (l�tl' held on fhe `'dd y of NUBS �i?(, 2D%�` a
resolutiR5, was d„p ly passed and adopted authorizing (Name) ,�o LCa UElinp- � t�• IAV' as
(Title) � LGICLW of the corporation to execute bids on behalf of the corporation
and providing that his/her execution thereof, attested by the secretary of the corporation;, sNg1ll,,
be the official act and deed of the corporation. I further certify that said resolu,ti.on' remains
in full force and effect.
W WITNESS WHEREOF, I have hereunto set my hand this "1 , day of
20 0!5
Secretar acx
Print: YaLDDLE o Tel
CERTIFICATE OF AUTHORITY
(IF PARTNERSHIP)
I HEREBY CERTIFY that at a meeting of the Board of Directors of
a partnership organized and existing under
the laws of the State of held on the _day of a
resolution was. duly passed and adopted authorizing (Name) as
(Title) of the to execute bids on behalf of the partnership and provides
that his/her execution thereof, attested by a partner, shall be the official act and deed of the
partnership.
I further certify that said partnership agreement remains in full force and effect_
IN WITNESS WHEREOF, I have hereunto set my hand this , day of ,
20
Partner:
Print:
CERTIFICATE OF AUTHORITY
(IF JOINT VENTURE)
Joint venturers must submit a joint venture agreement indicating that the person signing this bid
is authorized to sign bid documents on behalf of the joint venture, If there is no joint venture
agreement each member of the joint venture must sign the bid and submit, the appropriate
Certificate of Authority (corporate, partnership, or individual).
City of Miami Pap 20
Bid No. 04-05-133
I
J
I
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j Bid Response Form -.Certification Statement (Page 2 of 3)
J
CERTIFICATE OF AUTHORITY
(IF INDIVIDUAL)
I HEREBY CERTIFY that, I (Name) individually and doing
business as (d/b/a) (If Applicable) have
executed and am bound by the terms of the bid to which this attestation is attached.
IN WITNESS WHEREOF, I have hereunto set my hand this day of
20
Signed:
Print:
STATE OF Lo LOD A\
SS:
COUNTY OF � ('CI.(Ylti —/�A2 )
`t��
The foregoinpnstrumen�k w acknowledged before me this `t day of
20 b5, b who is personally known to me or who has
produc b2� 4Lq-y23--Q-5[62- ' as identification and who (did / did not) take an
oath.
r I 1` `[ IGuYl
SIGNkT-U F NOTARY PUBLI
STATE 0 FLORIDA
PRINTED, STAMPED OR TYPED
NAME OF NOTARY PUBLIC
SARAHTAMARGO
♦ 4> V8 �
a° �fis Notary Public - State of Florida
Daly Commission t> ires Jun 26, 2M9
°`' Commission # DD 4,18655
',° �•'�
Q=4 National Notary Assn.
City of Miami Page 21
j Bid No. 04-05-933
1
4.2. BID FORM
J
Estimated Estimated — -
Item Servings Number Unit Extended
_l No. Meal Type per Day of days Price Amount
For the Program Centers as identified on the
J Delivery Schedule (Attachment 6 of the IFB)
II. Afternoon Snacks
820 215 SO. U 1 /Ea. $ _L%Yoe - lel
—7
J
Bidder has attached current State of Florida Health Certificate copy: V YES NO
Issuing governmental agency: STATE QF - KI dA, Q2e?A C VNEKT % &t iSS W P-DfiSSILY-L�L
Is bidder a registered and approved vendor y the State of Florida Department of Health, Bureau of Child Nutrition
Program, by the bid opening date? V1, YES NO
NOTE: The attached Florida Department of Health Invitation to Bid, Standard Contract FFY 2005-2006,
marked as "Exhibit A", must be filled out in its entirety and submitted as part your bid response. Failure to do
so shall deem your bid non-responsive.
,
C' �
Bidder:Ll"a_L.Ile'ra's,-IlAruihorized Signature: a I
(Company Name)
0
FAILURE TO COMPLETE, SIGN, AND RETURN THIS DOCUMENT SHALL DISQUALIFY THIS BID.
City of Miami Page 22
Bid No. 04-05-133
4.3. Qualification Statement
JINSTRUCTIONS:
This -questionnaire -is -to -be -included --with your-hid..—Do-not_leau�-:�n3� questionsanans�uered.__-W-hen_the_question
does not apply, write the word(s) "None", or "Not Applicable", as appropriate, Please print,
I
r
COMPANY NAME: I G Ire_�,Olr 1 6 u 1 iL &I l=I•Ns �,
COMPANY O�rr'IC/EERrS\:n
President
Secretary VULEQQ
COMPANY OWNERSHIP:
Vice President �66
Treasurer�(��
�l % of ownership
1 % of ownership
% of ownership
% of ownership
LICENSES:
1. County or Municipal Occupational License No.
(attach copy with bid)
2. Occupationalational License Classification 2-4-3-3&arml Srfotco-
3.
Occupational License Expiration Date: 5:�I-' Tam ja 3D, mn Co
4. Metro -Dade County Certificate of Competency No. 1ADTL
(attached copy if requested in Bid or RFP)
5. Social Security or Federal I.D. No.�
EXPERIENCE:
6. Number of Years your organization has been in business: (3 7
Number of Years experience BIDDER/PROP05ER (person, principa),gfirm, owner) has had in operation
of the type required by the specifications of the Bid or RFP: �`jj )
Number of Years experience BIDDEWROPOSER (firm, corporation,l1pX;lprietorship) has had in
operation of the type required by the specifications of the Bid or RFP:.
City of Miami Page 23
Bid No. 04.054133
Bid Response Form - Qualification Statement (Page 2 of 2)
Experience Record: List references who may be contacted to ascertain information on past and/or present
contracts, work, jobs, that BIDDER/PROPOSER has performed of a type similar to that required by
specifications of the City's Bid or RFP with whom you have done business with in the past three (3 ) years:
FIRIv1 NAME/ADDRESS
DATE OF JOB
DESCRIPTION OF JOB
b-� o� Nam
li,2nn
OB eV d �&k �o �w
Cav--
3.50c) 'k -aa mencL,O NdL
tegesI1110-
'i aavtt r 7LU -kba 3.116
CONTACT PERSON: L Ill PHONE NO.:
FIRM NAM�RcE/E/A�dD�D, FSSj{�� �D}ATE OF JOB DESCR�IPpTION OF JOB
C`om n�ty Mian 1�6e L\[ U" 1� `�D�1 ��(P� YL��S �D �D `l Oare
i am r' , O S3 i 2R igkll `
CONTACT PERSON: LXPA LL PHONE NO.: 605 3L17— `-i EoM
FIRM NAME/ADDRESS DATE OF JOB DESCRIPTION OF JOB
Cakhol�c C%zr���5 act 1+ qw:5 eak a..y C�re
r7D SUS i'SITEP-A 'udrC3 -S5�� (r)r"C0,0
iarni , �LCt i30f`S.,Rro �. 4
CONTACT PERSON: LY 1PU�I L -Q \AVYian PHONENO.: �OS)
FIRM NAME/ADDRESS DATE.OF JOB DESCRIPTION OF JOB
CPLT-�--��ilAJE:-: AL5 40 G��
JDA TDAt(L MAD FEQ eRATL 1 o
1711A"il, FL• 3 G
CONTACT PERSON: SANP�I. GAB PHONE NO.:
FAILURE TO FULLY COMPLETE, AND RETURN THIS FORM MAY DISQUALIFY YOUR BID,
City of Miami
Bid No. 04.05-133
Page 24
4.4. MINORITY/WOMIJN BUSIN SS AFFAIRS REGISTRATION AFFIDAVIT
Please Check One Box Only [ Hispanic [ J Female (i Black [ ] Not Applicable
If business is not 51% minority/female owned, affidavit does not apply. If nol applicable, notarization is not required.
I We the undersigned agree to the following conditions:
1) that we have read Section 2.25 of the General Terms and meet the fifty-one percent (51 %) ownership and
management requirement for minority/women registration status and will abide by all of the policies and
regulations governing the City of Miami Minority and Women Business Enterprise Procedures;
2) that if at any time information submitted by the undersigned applicant in his/her Bidder Application should
prove to be false, inaccurate, or misleading, applicant's name will be. struck from the City of Miami's
Master Bidder list with no further consideration given to this applicant;
3) that the City of Miami maintains the right, through award of bid/contract, to revoke the award, should it be
found that false, inaccurate or misleading information or a change in the original information have
occurred;
4) to notify the City of Miami within thirty (30) days of any change in the firm's ownership, control,
management or status as an ongoing minority/women business concern as indicated on the Bidder
Application, and that the City of Miami, upon a finding to the contrary, may render a firm's registration
with the City null and void and cease to include that firm in its registered list of minority and women -
owned businesses;
5) that the City of Miami has a right to diligently verify all information submitted by applicant in his/her
Bidder Application to monitor the status of the Minority/Women Business Enterprise, once registered;
6) that the City of Miami may, share a firm's registration information concerning its minority/women status
and its capability with other municipal or state agencies for the sole purpose of accessing the firm to their
procurement opportunities, unless otherwise specified by the firm in writing.
I (We) certify under the penalties of perjury that the information contained in any and all application documents
submitted to the City of Miami is correct as per Ordinance No. 10062as amended.
Firm Name: GfEllfd
(If signing as a corporate officer, kindly affix corporate seal)
n �
(Name, Title & Date) e, Title & Date)
This application must be signed by at least one general partner of a partnership or the proprietor 'of a ,sale'
proprietorship or all partners of a joint venture.
NOTARIZATION
COUNTY, SS r /t
COUNTY OF DA' `-c
DE Date: V 1 2CDC-q,
That:
acknowledged the foregoing instrument as his/her act and deed,
That he/sh
Ea
City of Miami
Bid No. 04-05-133
423 -5`7-
SARAH TAMARGO
Notary Public - State onQ5
arty Commission E*res Jun 16,
Commission iI DD 4"a
Bonded By National Notary A.
personally appeared. before me and
as i
ion Expires: ill oc 2
Page 25
4.5. SAMPLE OF AFFIRMATIVE ACTION POLICY for EQUAL EMPLOYMENT
OPPORTUNITY
AFFIRMATIVE ACTION/
EQUAL EMPLOYMENT OPPORTUNITY - POLICY STATEMENT
It is the policy of (Company Name) to base its hiring and promotions on merit, qualifications and competency and
that its personnel practices will not be influenced by an applicant's or employee's race, color, place of birth,
religion, national origin, sept, age, marital status, veteran and handicapped status.
One of the management duties of all principals at (Company Name) is to ensure that the following personnel
practices are being satisfied:
Take every necessary affirmative action to attract and retain qualified employees, regardless of race, color,
place of birth, religion, national origin, sex, age, marital status, veteran and handicapped status.
Maintain equitable principles in the recruitment, hiring, training, compensation and promotion of employees.
3, Monitor and review personnel practices to guarantee that equal opportunities are being provided to all
employees, regardless of race, color, place of birth, religion, national origin, sex, age, marital status, veteran
and handicapped status.
(Company Name) is committed to take affirmative action and aggressively pursue activities that will serve to
enable all employees and applicants opportunities available throughout this organization.
Clearly, the above actions cannot be accomplished as a secondary duty for any individual, despite the full support of
management. And so, to monitor our efforts, (Company Name) has assigned one of its principals as the
Affirmative Action Director to monitor all activities of this program.
Employees may contact (Name of assigned principal) at (telephone number) regarding this Affirmative Action
Policy.
DATE: I WAGS CD
(SIGNATURE/TITLE):
FAILURE TO COMPLETE, SIGN, AND RETURN THIS FORM MAY DISQUALIFY THIS DID,
City of Miami Page 26
Bid No. 04-05-133