HomeMy WebLinkAboutPSAPROFESSIONAL SERVICES AGREEMENT
This Agreement is entered into this _ day of , 2010 (but effective as of
October 1, 2009) by and between the City of Miami, a municipal corporation of the State of
Florida ("City") and Hope Center, Inc, a non-profit corporation of the State of Florida
("Provider").
RECITALS:
A. The Miami City Commission, by a four-fifths (4/5ths) affirmative vote, after an
advertised public hearing, ratified, confirmed, and approved the City Manager's
recommendation and written findings, pursuant to Section 18-85 of the
Procurement Code of the City of Miami, Florida, as amended, waiving the
requirements for competitive sealed bidding methods as not being practicable or
advantageous to the City for the provision of custodial services at Miami City
Hall.
B. The Miami City Commission is desirous of supporting a social cause to provide
opportunities to individuals with disabilities so that they may grow physically,
mentally, emotionally and socially to their fullest potential.
C. Provider possesses all necessary qualifications and expertise to perform the
provision of custodial services with individuals with developmental disabilities.
D. The City wishes to engage the services of Provider, and Provider wishes to
perform custodial services for the City.
E. The Commission of the City of Miami, by Resolution No. - ,
adopted on , 2010, approved the selection of Provider and
authorized the City Manager to execute a contract, under the terms and conditions
set forth herein.
NOW, THEREFORE, in consideration of the mutual covenants and promises herein
contained, Provider and the City agree as follows:
TERMS:
1. RECITALS: The recitals are true and correct and are hereby incorporated into and
made a part of this Agreement.
2. TERM: The term of this Agreement shall be two (2) years commencing on the
effective date hereof.
3. OPTION TO EXTEND: The City shall have three (3) option(s) to extend the term
hereof for a period of one (1) year each, subject to availability and appropriation of funds.
4. SCOPE OF SERVICE:
A. Provider agrees to provide the selected Service(s) as specifically described, and
under the special terms and conditions set forth in Attachment "A" hereto, which by this
reference is incorporated into and made a part of this Agreement.
B. Provider represents and warrants to the City that: (i) it possesses all
qualifications, licenses and expertise required under the Solicitation Documents for the
performance of the Services; (ii) it is not delinquent in the payment of any sums due the City,
including payment of permit fees, occupational licenses, etc., nor in the performance of any
obligations to the City, (iii) all personnel assigned to perform the Services are and shall be, at all
times during the term hereof, fully qualified and trained to perform the tasks assigned to each;
and (iv) the Services will be performed in the manner described in Attachment "A".
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5. COMPENSATION:
A. The amount of compensation payable by the City to Provider shall be based on
the rates and schedules described in Attachment `B" hereto, which by this reference is
incorporated into this Agreement; provided, however, that in no event shall the amount of
compensation exceed $56,155.32[per year].
B. Unless otherwise specifically provided in Attachment "B", payment shall be made
within forty five (45) days after receipt of Provider's invoice, which shall be accompanied by
sufficient supporting documentation and contain sufficient detail, to allow a proper audit of
expenditures, should City require one to be performed. If Provider is entitled to reimbursement
of travel expenses (i.e. Attachment `B" includes travel expenses as a specific item of
compensation), then all bills for travel expenses shall be submitted in accordance with Section
112.061, Florida Statutes.
6. OWNERSHIP OF DOCUMENTS: Provider understands and agrees that any
information, document, report or any other material whatsoever which is given by the City to
Provider or which is otherwise obtained or prepared by Provider pursuant to or under the terms
of this Agreement is and shall at all times remain the property of the City. Provider agrees not to
use any such information, document, report or material for any other purpose whatsoever without
the written consent of City, which may be withheld or conditioned by the City in its sole
discretion.
7. AUDIT AND INSPECTION RIGHTS:
A. The City may, at reasonable times, and for a period of up to three (3) years
following the date of final payment by the City to Provider under this Agreement, audit, or cause
to be audited, those books and records of Provider which are related to Provider's performance
under this Agreement. Provider agrees to maintain all such books and records at its principal
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place of business for a period of three (3) years after final payment is made under this
Agreement.
B. The City may, at reasonable times during the term hereof, inspect Provider's
facilities and perform such tests, as the City deems reasonably necessary, to determine whether
the goods or services required to be provided by Provider under this Agreement conform to the
terms hereof and/or the terms of the Solicitation Documents, if applicable. Provider 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 Section 18-55.2 of the Code of the City of Miami, Florida, as
same may be amended or supplemented, from time to time.
8. AWARD OF AGREEMENT: Provider 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 Agreement 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 Agreement.
9. PUBLIC RECORDS: Provider 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 agrees to allow access by the City and the public
to all documents subject to disclosure under applicable law. Provider's failure or refusal to
comply with the provisions of this section shall result in the immediate cancellation of this
Agreement by the City.
10. COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS: Provider
understands that agreements between private entities and local governmentsare subject to certain
laws and regulations, including laws pertaining to public records, conflict of interest, record
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keeping, etc. City and Provider agree to comply with and observe all applicable laws, codes and
ordinances as they may be amended from time to time.
11. INDEMNIFICATION: Provider shall indemnify, defend and hold harmless the
City and its officials, employees and agents (collectively referred to as "Indemnitees") and each
of them from and against all loss, costs, penalties, fines, damages, claims, expenses (including
attorney's fees) or liabilities (collectively referred to as "Liabilities") by reason of any injury to
or death of any person or damage to or destruction or loss of any property arising out of,
resulting from, or in connection with (i) the performance or non-performance of the services
contemplated by this Agreement which is or is alleged to be directly or indirectly caused, in
whole or in part, by any act, omission, default or negligence (whether active or passive) of
Provider or its employees, agents or subcontractors (collectively referred to as "Provider"),
regardless of whether it is, or is alleged to be, caused in whole or part (whether joint, concurrent
or contributing) by any act, omission, default or negligence (whether active or passive) of the
Indemnitees, or any of them or (ii) the failure of the Provider to comply with any of the
paragraphs herein or the failure of the Provider to conform to statutes, ordinances, or other
regulations or requirements of any governmental authority, federal or state, in connection with
the performance of this Agreement. Provider expressly agrees to indemnify and hold harmless
the Indemnitees, or any of them, from and against all liabilities which may be asserted by an
employee or former employee of Provider, or any of its subcontractors, as provided above, for
which the Provider's liability to such employee or former employee would otherwise be limited
to payments under state Workers' Compensation or similar laws.
12. DEFAULT: If Provider fails to comply with any term or condition of this Agreement,
or fails to perform any of its obligations hereunder, then Provider shall be in default. Upon the
occurrence of a default hereunder the City, in addition to all remedies available to it by law, may
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immediately, upon written notice to Provider, terminate this Agreement whereupon all payments,
advances, or other compensation paid by the City to Provider while Provider was in default shall
be immediately returned to the City. Provider understands and agrees that termination of this
Agreement under this section shall not release Provider from any obligation accruing prior to the
effective date of termination. Should Provider be unable or unwilling to commence to perform
the Services within the time provided or contemplated herein, then, in addition to the foregoing,
Provider shall be liable to the City for all expenses incurred by the City in preparation and
negotiation of this Agreement, as well as all costs and expenses incurred by the City in the re -
procurement of the Services, including consequential and incidental damages.
13. RESOLUTION OF CONTRACT DISPUTES: Provider understands and agrees that
all disputes between Provider and the City based upon an alleged violation of the terms of this
Agreement by the City shall be submitted to the City Manager for his/her resolution, prior to
Provider being entitled to seek judicial relief in connection therewith. In the event that the
amount of compensation hereunder exceeds $25,000, the City Manager's decision shall be
approved or disapproved by the City Commission. Provider shall not be entitled to seek judicial
relief unless: (i) it has first received City Manager's written decision, approved by the City
Commission if the amount of compensation hereunder exceeds $25,000, or (ii) a period of sixty
(60) days has expired, after submitting to the City Manager a detailed statement of the dispute,
accompanied by all supporting documentation (90 days if City Manager's decision is subject to
City Commission approval); or (iii) City has waived compliance with the procedure set forth in
this section by written instruments, signed by the City Manager.
14. CITY'S TERMINATION RIGHTS:
A. The City shall have the right to terminate this Agreement, in its sole discretion, at
any time, by giving written notice to Provider at least five (5) business days prior to the effective
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date of such termination. In such event, the City shall pay to Provider compensation for services
rendered and expenses incurred prior to the effective date of termination. In no event shall the
City be liable to Provider for any additional compensation, other than that provided herein, or for
any consequential or incidental damages.
B. The City shall have the right to terminate this Agreement, without notice to
Provider, upon the occurrence of an event of default hereunder. In such event, the City shall not
be obligated to pay any amounts to Provider and Provider shall reimburse to the City all amounts
received while Provider was in default under this Agreement.
15. INSURANCE: Provider shall, at all times during the term hereof, maintain such
insurance coverage as may be required by the City. All such insurance, including renewals, shall
be subject to the approval of the City for adequacy of protection and evidence of such coverage
shall be furnished to the City on Certificates of Insurance indicating such insurance to be in force
and effect and providing that it will not be canceled during the performance of the services under
this contract without thirty (30) calendar days prior written notice to the City. Completed
Certificates of Insurance shall be filed with the City prior to the performance of services
hereunder, provided, however, that Provider shall at any time upon request file duplicate copies
of the policies of such insurance with the City.
If, in the judgment of the City, prevailing conditions warrant the provision by Provider of
additional liability insurance coverage or coverage which is different in kind, the City reserves
the right to require the provision by Provider of an amount of coverage different from the
amounts or kind previously required and shall afford written notice of such change in
requirements thirty (30) days prior to the date on which the requirements shall take effect.
Should the Provider fail or refuse to satisfy the requirement of changed coverage within thirty
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(30) days following the City's written notice, this Contract shall be considered terminated on the
date that the required change in policy coverage would otherwise take effect.
16. NONDISCRIMINATION: Provider represents and warrants to the City that Provider
does not and will not engage in discriminatory practices and that there shall be no discrimination
in connection with Provider's performance under this Agreement on account of race, color, sex,
religion, age, handicap, marital status or national origin. Provider further covenants that no
otherwise qualified individual shall, solely by reason of his/her race, color, sex, religion, age,
handicap, marital status or national origin, be excluded from participation in, be denied services,
or be subject to discrimination under any provision of this Agreement.
17. ASSIGNMENT: This Agreement shall not be assigned by Provider, in whole or in
part, without the prior written consent of the City's, which may be withheld or conditioned, in
the City's sole discretion.
18. NOTICES: All notices or other communications required under this Agreement shall
be in writing and shall be given by hand -delivery or by registered or certified U.S. Mail, return
receipt requested, addressed to the other party at the address indicated herein or to such other
address as a parry may designate by notice given as herein provided. Notice shall be deemed
given on the day on which personally delivered; or, if by mail, on the fifth day after being posted
or the date of actual receipt, whichever is earlier.
TO PROVIDER: TO THE CITY:
19. MISCELLANEOUS PROVISIONS:
A. This Agreement shall be construed and enforced according to the laws of the State
of Florida.
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B. Title and paragraph headings are for convenient reference and are not a part of
this Agreement.
C. No waiver or breach of any provision of this Agreement shall constitute a waiver
of any subsequent breach of the same or any other provision hereof, and no waiver shall be
effective unless made in writing.
D. Should any provision, paragraph, sentence, word or phrase contained in this
Agreement be determined by a court of competent jurisdiction to be invalid, illegal or otherwise
unenforceable under the laws of the State of Florida or the City of Miami, such provision,
paragraph, sentence, word or phrase shall be deemed modified to the extent necessary in order to
conform with such laws, or if not modifiable, then same shall be deemed severable, and in either
event, the remaining terms and provisions of this Agreement shall remain unmodified and in full
force and effect or limitation of its use.
E. This Agreement constitutes the sole and entire agreement between the parties
hereto. No modification or amendment hereto shall be valid unless in writing and executed by
properly authorized representatives of the parties hereto.
20. SUCCESSORS AND ASSIGNS: This Agreement shall be binding upon the parties
hereto, their heirs, executors, legal representatives, successors, or assigns.
21. INDEPENDENT CONTRACTOR: Provider has been procured and is being
engaged to provide services to the City as an independent contractor, and not as an agent or
employee of the City. Accordingly, Provider shall not attain, nor be entitled to, any rights or
benefits under the Civil Service or Pension Ordinances of the City, nor any rights generally
afforded classified or unclassified employees. Provider further understands that Florida
Workers' Compensation benefits available to employees of the City are not available to Provider,
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and agrees to provide workers' compensation insurance for any employee or agent of Provider
rendering services to the City under this Agreement.
22. CONTINGENCY CLAUSE: Funding for this Agreement is contingent on the
availability of funds and continued authorization for program activities and is subject to
amendment or termination due to lack of funds, reduction of funds and/or change in regulations,
upon thirty (30) days notice.
23. REAFIRMATION OF REPRESENTATIONS: Provider hereby reaffirms all of the
representations contained in the Solicitation Documents.
24. ENTIRE AGREEMENT: This instrument and its attachments constitute the sole and
only agreement of the parties relating to the subject matter hereof and correctly set forth the
rights, duties, and obligations of each to the other as of its date. Any prior agreements, promises,
negotiations, or representations not expressly set forth in this Agreement are of no force or
effect.
25. COUNTERPARTS: This Agreement may be executed in two or more counterparts,
each of which shall constitute an original but all of which, when taken together, shall constitute
one and the same agreement.
26. SPECIAL INSURANCE AND INDEMNIFICATION RIDER: Please initial if
applicable:
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IN WITNESS WHEREOF, the parties hereto have caused this instrument to be
executed by their respective officials thereunto duly authorized, this the day and year above
written.
ATTEST:
Priscilla A. Thompson, City Clerk
ATTEST:
Print Name:
Title: Corporate Secretary
APPROVED AS TO FORM AND
CORRECTNESS:
Julie O. Bru
City Attorney
"City"
CITY OF MIAMI, a municipal
corporation
By:
Pedro G. Hernandez, City Manager
"Provider"
a corporation
By:
Print Name:
Title: President
APPROVED AS TO INSURANCE
REQUIREMENTS:
LeeAnn Brehm
Risk Management Director
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ATTACHMENT A
TERMS & CONDITIONS/SPECIFICATIONS /
SCOPE OF WORK
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Table of Contents
Ternisand Conditions.....................................................................................................................................27
1. General Conditions...........................................................................................................................27
1.1. GENERAL TERMS AND CONDITIONS.............................................................................7
2. Special Conditions.............................................................................................................................46
2.1. PURPOSE...............................................................................................................................46
2.2. DEADLINE FOR RECEIPT OF REQUEST FOR ADDITIONAL
INFORMATION/CLARIFICATION............................................................................................46
2.3. PRE-BID CONFERENCE......................................................................................................46
2.4. VOLUNTARY SITE INSPECTIONS....................................................................................46
2.5. TERM OF CONTRACT.........................................................................................................47
2.6. NON -APPROPRIATION OF FUNDS...................................................................................47
2.7. LIVING WAGE ORDINANCE.............................................................................................47
2.8. EQUITABLE ADJUSTMENT...............................................................................................47
2.9. METHOD OF AWARD.........................................................................................................48
2.10. BIDDER'S MINIMUM QUALIFICATIONS......................................................................48
2.11. INSURANCE REQUIREMENTS.......................................................................................48
2.12. BUILDING CLASSIFICATIONS........................................................................................49
2.13. SERVICE DELIVERABLES...............................................................................................50
2.I4. PERFORMANCE.................................................................................................................50
2.15. PERSONNEL.......................................................................................................................51
2.16. BACKGROUND INVESTIGATION..................................................................................51
2.17. EMPLOYEE IDENTIFICATION / MONITORING OF WORK.........................................51
2.18. APPAREL.............................................................................................................................51
2.19. MINIMUM WORK..............................................................................................................52
2.20. LABOR, SUPERVISION, MATERIALS, AND EQUIPMENT.........................................52
2.21. FAILURE TO PERFORM...................................................................................................52
2.22.17\rVOICING.........................................................................................................................52
2.23. METHOD OF PAYMENT..................................................................................................52
2.24. BID PRICE...........................................................................................................................53
2.25. COMPLETED WORK.........................................................................................................53
2.26. ADDITIONS/DELETIONS OF FACILITIES/ITEMS/PRODUCTS..................................53
2.27. AUTHORIZATION TO PERFORM WORK OUTSIDE OF SPECIFICATIONS .............53
2.28. CONTRACT ADMINISTRATORS....................................................................................53
2.29. LEGAL HOLIDAYS............................................................................................................54
2.30. SUPERYISION............................................................................................ ....................
....54
2.31. VdEEKLY REVIEW MEETINGS........................................................................................55
2.32. TIE BIDS....................................................................................................... .....................
..55
2.33. LIQUIDATED DAMAGES.................................................................................................55
2.34. DAMAGES TO PUBLIC/PRIVATE PROPERTY.............................................................55
......................................
2.35. REFERENCES..............................................................................
. 56
2.36. FORCE MAJEURE..............................................................................................................56
2.37. REPORTING DAMAGES CAUSED BY THE SUCCESSFUL BIDDER AND
PAYMENT..........................................•......................................................... ...........................
...56
2.38. INDEPENDENT BIDDER...................................................................................................56
2.39. SMOKING AND UNSAFE ACTS......................................................................................56
2.40. SAFETY...............................................................................................................................56
2.41. ADDITIONAL EQUIPMENT /TOOLS .............................................................................57
2.42. WATER EXTRACTION......................................................................................................57
2.43. SANITARY NAPKIN DISPENSER....................................................................................57
2.44. RESPONSIBILITY FOR FACILITY ACCESS CARDS....................................................57
2,45. INVENTORY OF EQUIPMENT.........................................................................................57
2.46. QUALITY OF WORK.........................................................................................................57
2.47. STORAGE AREAS..............................................................................................................58
2.48. SCAVENGING....................................................................................................................58
2.49. INSPECTION.......................................................................................................................58
2.50. TERMINATIDN...................................................................................................................58
2.51. GIFTS...................................................................................................................................59
2.52. EMERGENCY AND CONTACT INFORMATION...........................................................59
2.53. PRIMARY CLIENT (FIRST PRIORITY)...........................................................................59
2.54. USE OF ENVIRONMENTALLY PREFERRABLE PRODUCTS.....................................59
2.55. ADDITIONAL TERMS AND CONDITIONS....................................................................b0
2.56. SUPPLIES.............................................................................................................................60
3. Specifications....................................................................................................................................61
3.1. SPECIFICATIONS/SCOPE OF WORK................................................................................61
Terms and Conditions
1. General Conditions
I.I. GENERAL TERMS AND CONDITION'S
ONS
Intent: The General Terns and Conditions described herein apply to the acquisition of
goods/equipmentJservices with an estimated aggregate cost of S25,000.00 or more.
Definition: A formal solicitation is defined as issuance of an Invitation for Bids, Request for Proposals,
Request for Qualifications, or Request for Letters of Interest pursuant to the City of
Miami Procurement Code and/or Florida Law, as amended. Formal Solicitation and Solicitation shall be
defined in the same manner herein.
I.I. ACCEPTANCE OF GOODS OR EQUIPMENT - Any good(s) or equipment delivered under this
formal solicitation, if applicable, shall remain the property of the seller until a physical inspection and
actual usage of the good is made, and thereafter is accepted as satisfactory to the City. It must comply with
the ten -ns 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 reserves the right to cancel the order upon written notice to the Contractor and return the product to the
Contractor at the Contractor's expense.
1.2. ACCEPTANCE OF OFFER - The sighed or electronic submission of- our solicitation response shall
be considered an offer on the part of the bidder/proposer; such offer shall be Your
accepted upon
issuance by the City of a purchase order.
1.3. ACCEPTANCE/REJECT) ON — The City reserves the right to accept or reject any or all responses or
parts of after opening/closing date and request re -issuance on the goods/seryices described in the formal
solicitation. In the event of such rejection, the Director of Purchasing shall notify all affected
bidders/proposers and make available a written explanation for the rejection. The City also reserves the
right to reject the response of any bidder/proposer who has previously failed to properly perform under the
terns and conditions of a contract, to deliver on time contracts of a similar nature, and who is not in a
position to perform the requirements defined in this formal solicitation. The City further reserves the right
to waive any irregularities or minor informalities or technicalities in any or all responses and may, at its
discretion, re -issue this formal solicitation.
1.4. ADDENDA — It is the bidder'siproposer's responsibility to ensure receipt of all Addenda. Addenda are
available at the City's website at: http://wwu,.ci.miami.fl.usiprocurement
1.5. ALTERNATE RESPONSES MAY BE CONSIDERED - The City may consider one (1) alternate
response from the same Bidder/Proposer for the same fon-nal solicitation; provided, that the alternate
response offers a different product that meets or exceeds the formal solicitation requirements. In order for
the City to consider an alternate response, the Bidder/Proposer shall complete a separate Price Sheet forth
and shall mark "Alternate Response". Alternate response shall be placed in the same response. This
Provision only applies to formal solicitations for the procurement of goods, services, items, equipment,
materials, and/or supplies.
1.6. ASSIGNMENT - Contractor agrees not to subcontract, assign, transfer, convey, sublet, or otherwise
dispose of the resulting Contract, or any or all of its 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.
1.5. AUDIT RIGHTS AND RECORDS RETENTION - The Successful Bidder/Proposer agrees to
provide access at all reasonable tithes to the City, or to any of its duly authorized representatives, to any
books, documents, papers, and records of Contractor which are directly pertinent to this formal solicitation,
for the purpose of audit, examination. excerpts, and transcriptions. The Successful Bidder/Proposer shall
maintain and retain any and all of the books, documents, papers and records pertinent to the Contract for
three (3) years after the City makes final payment and all other pending matters are closed. Contractor's
failure to or refusal to comply with this condition shall result in the invrnediate cancellation of this contract
by the City.
1.9. AVAILABILITY OF CONTRACT STATE-WIDE - Any Governmental, not-for-profit or
quasi-governmental entity in the State of Florida, may avail itself of this contract and purchase any and all
goods/services, specified herein from the successful bidder(s)/proposer(s) at the contract price(s)
established herein, when permissible by federal, state, and local laws, rules, and regulations.
Each Governmental, not-for-profit or quasi-govermnental entitywhich uses this formal solicitation and
resulting bid contract or agreement will establish its own contract/agreement, 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)/proposer(s).
1.10. AMIARD OF CONTRACT:
A. The Fonnal Solicitation, Bi dder'slProposer's response, any addenda issued, and the purchase order shall
constitute the entire contract, unless modified in accordance with any ensuing contract/agreement,
amendment or addenda.
B. The award of a contract where there are Tie Bids will be decided by the Director of Purchasing or
designee in the instance that Tie Bids can't be determined by applying Florida Statute 287,087, Preference
to Businesses with Drug-Free Workplace Programs.
C. The award of this contract may be preconditioned on the subsequent submission of other documents as
specified in the Special Conditions or Technical Specifications. Bidder/Proposer shall be in default of its
contractual obligation if such documents are not submitted in a timely manner and in the form required by
the City. Where Bidder/Proposer is in default of these contractual requirements, the City, through action
taken by the Purchasing Department, will void its acceptance of the Bidder's/Proposer's Response and may
accept the Response from the next lowest responsive, responsible Bidder or Proposal most advantageous to
the City or re-solicit the City's requirements. The City, at its sole discretion, may seek monetary restitution
from Bidder/Proposer and its bid/proposal bond or guaranty, if applicable, as a result of damages or
increased costs sustained as a result ofthe Bidder's/Proposer's default.
D. The term of the contract shall be specified in one of three documents which shall be issued to the
successful Bidder/Proposer. These documents may either be a purchase order, notice of award and/or
contract award sheet.
E. The City reserves the right to automatically extend this contract for up to one hundred twenty (120)
calendar days beyond the stated contract 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/Proposer, 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/Proposer are in mutual
agreement of such extensions.
R Where the contract involves a single shipment of goods to the City, the contract term shall conclude
upon completion of the expressed or implied warranty periods.
G. The City reserves the right to award the contract on a split-order, lump stun or individual-item basis,
or such combination as shall best serve the interests of the City unless otherwise specified.
H. A Contract/Agreement may be awarded to the Bidder/Proposer by the City Corrunission based upon
the minimum qualification requirements reflected herein. As a result of a RFP, RFQ, or RFLI, the City
reserves the right to execute or not execute, as applicable, an Agreement with the Proposer, whichever is
determined to be in the-City's best interests. Such ajeement will be furnished by the City, will contain
certain terms as are in the City's best interests, and will be subject to approval as to legal form by the City
Attorney,
1.11. BID BOND/ BID SECURITY - A cashier's or certified check, or a Bid Bond signed by a recognized
surety company that is licensed to do business in the State of Florida, payable to the City of Miami, for the
amount bid is required from all bidders/proposers, if so indicated under the Special Conditions. This check
or bond guarantees that a bidder/proposer will accept the order or contract/agreement, as bid/proposed, if it
is awarded to bidder/proposer, Bidder/Proposer shall forfeit bid deposit to the City should City award
contractlagreement to Bidder/Proposer and Bidder/Proposer fails to accept the award. The City reserves the
right to reject any and all surety tendered to the City. Bid deposiLs are returned to unsuccessful
bidders/proposers within tell (10) days after the award and successful bidder's/pmposer's acceptance of
award. If sixty (60) days have passed after the date of the formal solicitation clo91nL,1 date, 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/Wotnen Business Affairs office.
1.12. RESPONSE FORM (HARDCOPY FORMAT) - All forrtts should be completed, signed and
submitted accordingly.
1.13. BID SECURITY FORFEITED LIQUIDATED DAMAGES - Failure to execute an Agreement
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 lowest responsive, responsible Bidder or Proposal most advantageous to the City or all responses may
be rejected.
1.14. BRAND NAMES - Hand wherever in the specifications brand names, makes, models, names of any
manufacturers, trade names, or bidder/proposer catalog numbers are specified, it is for the purpose of
establishing the type, function, minimum standard of design, efficiency, grade or quality of goods only.
When the City does not wish to nil-, out other competitors brands or makes, the phrase "OR EQUAL" is
added. When bidding/proposing an approved equal, Bidders/Proposers will submit, with their response,
complete sets of necessary data (factory information sheets, specifications, brochures, etc.) in order for the
City to evaluate and determine the equality of the item(s) bid/proposed. The City, shall be the sole judge of
equality and its decision shall be final. Unless otherwise specified, evidence in the form of samples may be
requested if the proposed brand is other than specified by the City. Such samples are to be furnished after
formal solicitation opening/closing only upon request of the City. If samples should be requested, such
samples must be received by the City no later than seven (7) calendar days after a formal request is rnadc.
1.15. CANCELLATION - The City reserves the right to cancel all formal solicitations before its
opening/closing. In the event of bid/proposal cancellation, the Director of Purchasing shall notify all
prospective bidders/proposers and make available a written explanation for the cancellation.
1.16. CAPITAL EXPENDITURES - Contractor understands that any capital expenditures that the firm
makes, or prepares to make, in order to deliver/perforin the goods/services required by the City, is a
business risk which the contractor must assume. The City will not be obligated to reimburse amortized or
unamortized capital expenditures, or to maintain the approved status of any contractor. if contractor has
been unable to recoup its capital expenditures during the time it is rendering such goods/services, it shall
not have any claim upon the City. V
1.17. CITY NOT LIABLE FOR DELAYS - It is further expressly agreed that in no event shall the City
be liable for, or responsible to, the Bidder/Proposer/Consultant, any sub-contractor/sub-consultant, or to
any other person for, or on account of, any stoppages or delay in the work herein provided for by injunction
or other legal or equitable proceedings or on account of any delay for any cause over which the City has no
control.
1.18. COLLUSION—Bidder/Proposer, by submitting a response; certifies that its response is made without
previous understanding, agreement or connection either with any person, firm or corporation submitting a
response for the same items/services or with the City of Miami's Purchasing Department or initiating
department. The Bidder/Proposer certifies that its response is fair, without control, collusion, fraud or other
illegal action. Bidder/Proposer certifies that it is in compliance with the Conflict of Interest and Code of
Ethics Laws. The City will investigate all potential situations where collusion may have occurred and the
City reserves the right to reject any and all bids/responses where collusion may have occurred.
1.19. COMPLIANCE NVITH FEDERAL, STATE AND LOCAL LAWS - Contractor understands that
contracts between private entities and local governments are subject to certain laws and regulations,
including laws pertaining to public records, conflict of interest, records keeping, etc. City and Contractor
agree to comply with and observe all applicable laws, codes and ordinances as that may in any sway affect
the goods or equipment offered, including but not limited to:
A. Executive Order 11246, which prohibits discrimination against an); employee, applicant, or client
because of race, creed, color, national origin, sex, or age with regard to, but not limited to, the following:
employment practices, rate of pay or other compensation methods, and training selection.
B. Occupational, Safety and Health Act (OSHA), as applicable to this Formal Solicitation.
C. The State of Florida Statutes, Section 297.133(3)(A) on Public Entity Crimes.
D. Minority/Women Business Affairs Enterprise (M/W13F) City Ordinances No. 10062, 10538, 11272. as
amended, as applicable to this Formai Solicitation.
E. Environment Protection Agency (EPA), as applicable to this Formal Solicitation.
R Uniform Commercial Code (Florida Statutes, Chapter 672).
C. Americans with Disabilities Act of 1990, as amended.
H. National Institute of Occupational Safety Hazards (NIOSH), as applicable to this Fonnal Solicitation.
1. National Forest Products Association (NFPA), as applicable to this Formal Solicitation.
J. City Procurement Ordinance City Code Section 18, Article III,
K. Conflict of Interest, City Code Section 2-611;61.
L. Cone of Silence, City Code Section 18-74.
M. The Florida Statutes Sections 218.73 and 218.74 on Prompt Payment.
N. First Source Hiring Agreement, City Ordinance No. 10032, as applicable to this Formal Solicitation.
Implemented to foster the creation of new and permanent jobs for City of Miami residents; requires as a
condition precedent to the execution of service contracts including professional services.
Lack of knowledge by the bidder/proposer will in no way be a cause for relief from responsibility.
Non-compliance with all local, state, and federal directives, orders, and laws may be considered grounds
for tennination of contract(s).
Copies of the City Ordinances may be obtained from the City Clerk's Office.
1.20, CONE OF SILENCE - Pursuant to Section 18-74 of the City of Miami Code, a "Cone of Silence" is
imposed upon each RFP, RFQ, RFLI, or IFB after advertisement and terminates at the time the City
Manager issues a written recommendation to the Miami City Commission, The Cone of Silence shall be
applicable only to Contracts for the provision of goods and services and public works or improvements for
amounts greater than 5200,000. The Cone of Silence prohibits any communication regarding RFPs, R.FQs,
RFLI or IFBs (bids) between, among others:
Potential vendors, service providers, bidders, lobbyists or consultants and the City's professional staff
including, but not limited to, the City Manager and the City Manager's staff; the Mayor, City
Commissioners, or their respective staffs and any 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/Wouien Business Enterprise
(M/WBE) and local vendor outreach programs; oral communications, provided the conurtunication is
limited strictly to matters of process or procedure already contained in the formal solicitation document; the
provisions of the Cone of Silence do not apply to oral communications at duly noticed site
visits/inspections, pre -proposal or pre-bid conferences, oral presentations before selection/evaluation
committees, contract negotiations during any duly noticed public meeting, or public presentations made to
the Miami City Commission during a duly noticed public meeting; or communications in writing or by
email at any time with any City employee, official or member of the City Commission unless specifically
prohibited by the applicable RFP, RFQ, RFLI or IFB (bid) documents (See Section 2.2. of the Special
Conditions); or cottununications in connection with the collection of industry continents or the performance
of market research regarding a particular RFP, RFQ, RFLI OR IFB by City Purchasing staff.
Proposers or bidders must file a copy of any written conmiiunications 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.
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 15-74 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 305-350-5360, to obtain a copy of same.
1.21, CONFIDENTIALITY - As a political subdivision, the City of Miami is subject to the Florida
Sunshine Act and Public Records Law. If this Contract/Agreement contains a confidentiality provision, it
shall have no application when disclosure is required by Florida law or upon court order,
1.22. CONFLICT OF INTEREST — Bidders/Proposers, by responding to this Formal Solicitation, certify
that to the best of their knowledge or belief, no elected/appointed official or employee of the City of Miami
is financially interested, directly or indirectly, in the purchase of goods/services specified in this Formal
Solicitation. Any such interests on the part of the Bidder/Proposer or its employees must be disclosed in
writing to the City. Further, you must disclose the name of any City employee who owns, directly or
indirectly, an interest of five percent (5%) or more of the total assets of capital stock in your firm.
1.23. COPYRIGHT OR PATENT RIGHTS— Bidders/Proposers warrant that there has been no violation
of copyright or patent rights in manufacturing, producing, or selling the goods shipped or ordered and/or
services provided as a result of this formal solicitation, and bidders/proposers agree to hold the City
harmless from any and all liability, loss, or expense occasioned by any such violation.
1.24. COST INCURRED BY BIDDER/PROPOSER - All expenses involved with the preparation and
submission of Responses to the City, or any work performed in connection therewith shall be borne by the
Bidder(s)/Proposer(s).
1.25. DEBARMENT AND SUSPENSION'S (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 Connnission.
(b) Causes for debarment or suspension. Causes for debarment or suspension include the following:
(1) Conviction for commission of a criminal offense incident to obtaining or attempting to obtain a
public or private Contract or subcontract, or incident to the performance of such Contract or
subcontract.
(2) Conviction under state or federal statutes of embezzlement, theft, forgery, bribery, falsification
or destruction of records, receiving stolen property, or any other offense indicating a lack of business
integrity or business honesty.
(3) Conviction under state or federal antitrust statutes arising out of the submission of Bids or
Proposals.
(4) Violation of Contract provisions, which is regarded by the Chief Procurement Officer to be
indicative of nonresponsibility. Such violation may include failure without good cause to perforin in
accordance with the terns and conditions of a Contract or to perform within the time limits provided in
a Contract, provided that failure to perform caused by acts beyond the control of a party shall not be
considered a basis for debarment or suspension.
(5) Debarment or suspension of the Contractual Party by any federal, state or other governmental
entity.
(6) False certification pursuant to paragraph (c) below.
(7) Found in violation of a zoning ordinance or any other city ordinance or regulation and for
which the violation remains noncompliant,
(S) 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 Parry performing city Contracts.
(c) Certification. All Contracts for goods and services, sales, and leases by the city shall contain a
certification that neither the Contractual Party nor any of its principal owners oi- personnel have been
convicted of any of the violations set forth above or debarred or suspended as set forth in paragraph (b)(5).
(d) Debarment and suspension decisions. Subject to the provisions of paragraph (a), the City Manager shall
render a written decision stating the reasons for the debarment or suspension. A copy of the decision shall
be provided promptly to the Contractual Parry, along with a notice of said parry's right to seek judicial
reli ef.
1.26. DEBARRED/SUSPENDED VENDORS —An entity or affiliate who has been placed on the State of
Florida debarred or suspended vendor list may not submit a response on a contract to provide goods or
services to a public entity, may not submit a response on a contract with a public entity for the construction
or repair of a public building or public work, may not submit response on leases of real property to a public
entity, may not 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.
1.27. DEFAULT/FAILURE TO PERFORM - The City, shall be the sole judge of nonperformance, which
shall include any failure on the part of the successful Bidder/Proposcr to accept the award, to furnish
required documents. and/or to fulfill any portion of this contract within the time stipulated.
Upon default by the successful Bidder/Proposer to meet any terms of this agreement, the City will notify
the Bidder/Proposer of the default and will provide the contractor three (3) days (weekends and holidays
excluded) to remedy the default. Failure on the contractor's part to correct the default within the required
three (3) days shall result in the Contract being terminated and upon the City notifying in writing the
contractor of its intentions and the effective date of the termination. The following shall constitute default:
A. Failure to perfomt the work or deliver the goods/services required under the Contract and/or within the
time required or failing to use the subcontractors, entities and personnel as identified and set forth, and to
the degree specified in the Contract.
B. Failure to begin the work under this Contract within the time specified.
C. Failure to perform the work with sufficient workers and equipment or with sufficient materials to
ensure timely completion.
D. Neglecting or refusing to remove materials or perform new work where prior work has been rejected as
nonconforming with the temms of the Contract.
E. Becoming insolvent, being declared bankrupt, or conmmitting any act of bankruptcy or insolvency, or
making an assignment for the benefit of creditors, if the insolvency, bankruptcy, or assigmnent renders the
successful Bidder/Proposer incapable of performing the work in accordance with and as required by the
Contract.
F. Failure to comply with any of the terms of the Contract in any material respect.
All costs and charges incurred by the City as a result of a default or a default incurred beyond the time
limits stated, together with the cost of completing the work, shall be deducted from any monies due or
which inay become due on this Contract.
1.28. DETERMINATION OF RESPONSIVENESS - Each Response will be reviewed to determine if it
is responsive to the submission requirements outlined in the Formal Solicitation. A "responsive" response is
one which follows the requirements of the fonnal solicitation, includes all documentation, is submitted in
the format outlined in the fonnal solicitation, is of timely submission, and has appropriate signatures as
required on each document. Failure to comply with these requirements may deem a Response
nor -responsive.
I.29. DISCOUNTS OFFERED DURING TERM OF CONTRACT - Discount Prices offered in the
response 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 response will be accepted from
successful Bidder(s)/Proposer(s) during the tenn of the contract. Such discounts shall remain in effect for
a minimum of 120 days from approval by the City Commission Any discounts offered by a manufacturer
to Bidder/Proposer will be passed on to the City.
1.30. DISCREPANCIES, ERRORS, AND OMISSIONS - Any discrepancies, errors, or ambiguities in
the Formal Solicitation 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 Formal
Solicitation and will become part of the purchase agreement (contract documents). The City will not be
responsible for any oral instructions, clarifications, or other communications.
A. Order of Precedence — Any inconsistency in this formal solicitation shall be resolved by giving
precedence to the following docmnents, the first of such list being the governing documents.
1) Addenda (as applicable)
2) Specifications
3) Special Conditions
4) General Tenns and Conditions
1.31. EMERGENCY / DISASTER PERFORMANCE - In the event of a hurricane or other emergency
or disaster situation, the successful vendor shall provide the City with the commodities, services defined
within the scope of this formal solicitation at the price contained within, vendor's response. Further,
successful vendor shall deliveriperform for the city on a priority basis during such times of emergency.
1.32. ENTIRE BID CONTRACT OR AGREEMENT - The Bid Contract or Azreement consists of this
City of Miami Formal Solicitation and specifically this General Conditions Section, Contractor's Response
and any written agreement entered into by the City of Miami and Contractor in cases involving RFPs,
RFQs, and RFLls, 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 Formal Solicitation and/or Response, the Formal
Solicitation and then the Response shall control. This Contract may be modified only by a written
agreement signed by the City of Miami and Contractor.
1.33. ESTIMATED 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 contract. Said estimates may be used by the City for purposes of determining the low bidder or most
advantageous proposer meeting specifications. The City reserves the right to acquire additional quantities
at the prices bid/proposed or at lower prices in this Fon-nal Solicitation.
1.34. EVALUATION OF RESPONSES
A.Rejection of Responses
The City may reject a Response for any of the following reasons:
1) Bidder/Proposer fails to acknowledge receipt of addenda;
2) Bidder/Propose,- inistates or conceals any material fact in the Response ;
3) Response does not confomt to the requirements of the Formal Solicitation;
4) Response requires a conditional award that conflicts with the method of award;
5) Response does not include required samples, certificates, licenses as required; and,
6) Response was not executed by the Bidder's/Proposer(s) authorized agent.
The foregoing is not an all inclusive list of reasons for which a Response may be rejected. The City may
reject and re -advertise for all or any part of the Formal Solicitation whenever it is deemed in the best
interest of the City.
B. Elimination From Consideration
1) A contract shall not be awarded to any person or fine 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 an), 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,
1) Responses will only be considered from entities who are regularly engaged in the business of providing
the goods/equipment services required by the Formal Solicitation. Bidder/Proposer must be able to
demonstrate a satisfactory record of performance and integrity; and, have sufficient financial, material,
equipment, facility, personnel resources, and expertise to meet all contractual requirements. The terms
"equipment and organization" as used herein shall be construed to mean a fully equipped and well
established entity in line with the best industry practices in the industry as detennined by the City.
2) The City may consider any evidence available regarding the financial, technical and other qualifications
and abilities of a Bidder/Proposer, including past performance (experience) with the City or any other
governmental entity in making the award.
3) The City may require the Bidder(s)/Proposer(s) to show proof that they have been designated as an
authorized representative of a manufacturer or supplier which is the actual source of supply, if required by
the Formal Solicitation.
1.35. EXCEPTIONS TO GENERAL AND/OR SPECIAL CONDITIONS OR SPECIFICATIONS -
Exceptions to the specifications shall be listed on the Response and shall reference the section. Any
exceptions to the General or Special Conditions shall be cause for the bid (IFB) to be considered
non-responsive. It also may be cause for a RFP, RFQ, or RFLI to be considered non-responsive; and, if
exceptions are taken to the terms and conditions of the resulting agreement it may lead to terminating
negotiations.
1.36. F.O.B. DESTINATION - Unless otherwise specified in the Formal Solicitation, all prices
quoted/proposed by the bidder/proposer must be F.O.B. DESTINATION, inside delivery, with all delivery
costs and charges included in the bid/proposal price, unless otherwise specified in this Formal
Solicitation. Failure to do so maybe cause for rejection of bid/proposal.
1.37. FIRM PRICES - The bidder/proposer warrants that prices, terms, and conditions quoted in its
response will be. firm throughout the duration of the contract unless otherwise specified in the Formal
Solicitation. Such prices will remain firm for the period of performance or resulting purchase orders or
contracts, which are to be performed or supplied over a period of time.
1.35. FIRST -SOURCE HIRING AGREEMENT (Sec, 15-105)
(a) The Commission approves implementation of the first -source hiring agrcrmc t policy and requires
as a condition precedent to the execution of service contracts for facilities, services, and/or receipt of grants
and loans, for projects of a nature that create nein jobs, the successful negotiation of first -source hiring
agreements between the organization or individual receiving said contract and the authorized representative
unless such an agreement is found infeasible by the city manager and such finding approved by the City
Commission at a public hearing.
(b) For the purpose of this section, the following tenors, 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.
1.39. FLORIDA MINIMUM MIAGh - The Constitution of the State of Florida, Article 1, Section 24,
states that employers shall pay employee wages no less than the minimum wage for all hours worked in
Florida. Accordingly, it is the contractor's and its' subcontractor(s) responsibility to understand and
comply with this Florida constitutional minimum wage requirement and pay its employees the current
established hourly minimum wage rate, which is subject to change or adjusted by the rate of inflation using
the consumer price index for urban wage earners and clerical workers, CPI-W. or a successor index as
calculated by the United States Department of Labor, Each adjusted minimum wage rate calculated shall
be determined and published by the Agency Workforce Innovation on September 30th of eachy ear and
take effect on the following January l st.
At the time of responding, it is bidder/proposer and his/her subcontractor(s), if applicable, full
responsibility to determine whether any of its employees may be impacted by this Florida Law at any given
point in time during the terns of the contract. If impacted, bidder/proposer must furnish employee name(s),
job title(s), job description(s), and current pay rate(s). Failure to submit this information at the time of
submitting a response constitute successful bidder'siproposer's acknowledgement and understanding that
the Florida Minimum Wage ,aw, will not impact its prices throughout the term of contract and waiver of
any contractual price increase request(s). The City reserves the right to request and successful
bidder/proposer must provide for any and all information to make a wage and contractual price increase(s)
determination.
1.40 CITY OF MIAMI LIVING WAGE ORDINANCE- The City of Miami adopted a living wage
ordinance for city service contracts awarded by the city containing a total contract value exceeding
S100,000 annually for the following sen ices: food preparation and/or distribution; security services;
routine maintenance services such as custodial, cleaning, computers, refuse removal, repair, refinishing and
recycling; clerical or other non-supervisory office work, whether temporary or permanent; transportation
and parking services; printing and reproduction services; landscaping, lawn, and or agricultural services.
If this solicitation requires the aforementioned services, effective on April 1, 2008, contractors must pay
its' employees a living wage no less than Si 1.21 an hour with a health benefit plan and not less than 112.46
an hour without health benefits, which shall be adjusted annually by no later than April 1st following the
publication of the U.S Department of Health and Human Services Poverty Guidelines, as published from
time to time.
A service contractor is defined as any "for profit" individual, business entity, corporation, partnership,
limited liability company, joint venture, or similar business: (1) Paid in whole or part from one or more of
the city's general funds, capital project funds, special revenue fiends, or any other funds either directly or
indirectly, whether by competitive bid process, informal bids, requests for proposals, some form of
solicitation, negotiation, or agreement, or any other decision to enter into a contract; and, (2) The service
contractor is engaged in the business of, or part of, a contract or a subcontract to provided covered sen,iees,
either directly or indirectly, for the benefit of the city. This does not aply to contracts related primarily to
the sale of products or goods.
The service contractor, prior to entering any such contract, must certify to the city that it will pay each of
its covered employees no less than the living wage. A copy of this certificate must be made available to the
public upon request. The certificate, at a minimum, must include the following:
(1) The name, address, and phone number of the employer, a contact person, and the specific project for
which the service contract is sought;
(2) The amount of the sentice contract and the city department the contract will serve.
(3) A brief description of the project or service provided;
(4) A statement of the wage levels for all covered employees; and
(5) A commitment to pay all covered employees the living wage.
A copy of the living wage rate shall be kept posted by the sen ice contractor at the site of the work in a
prominent place where it can easily be seen and read by the covered employees and shall be supplied to
such employees within a reasonable time after a request to do so. Additionally; service contractors shall
furnish a copy of the requirements of the City of Miami Living Wage Ordinance to any entity submitting a
bid fora subcontract on any service contract subject to this article. Posting requirements will not be
required where the service contractor prints the following statements on the front of the covered employees
first paycheck and every six months thereafter. "You are required by the City of Miami Living Wage
Ordinance to be paid a Living Wage. if you do not believe you being paid at the Living Wage rate, contact
your emplover, an attorney, or the City of Miami." All notices will be printed in English, Spanish and
Creole.
Service Contractors and their subcontractors agree to produce all documents and records relating- to payroll
and compliance this Ordinance. Each service contractor shall maintain payroll records for all covered
employees and basic records relating thereto and shall preserve them for a period of three (3) years from
the date of termination or expiration of the service contract. The records shall contain:
(1) The name and address of each covered employee;
(2) The job title and classification;
(3) The number of hours worked each day;
(4) The gross wages earned and deductions made;
(5) Annual wages paid;
(6) A copy of the social security returns and evidence of payment thereof;
(7) A record of fringe benefit payments including contributions to approved pians; and
(8) Any other data of information the city require from time to time.
Every six months, the service contractor shall file with the city's procurement director a listing of all
covered employees together with a certification of compliance with this article. Upon request from the
city, the service contractor shall produce for inspection and copying its payroll records for any or all of its
covered employees for any period covered by the service contract. The city may examine payroll records as
needed to ensure compliance.
Failure to comply with the City of Miami Living Wage Ordinance may result in legal action by the
covered employee or former covered employee as allowed by Florida Law, court impose sanctions, city
impose sanctions, such as pay wage restitution, impose monetary damages, suspension or termination of
payment, termination of contract, and debarment.
Please review City of Miami Code Section 18-556 through Section 18-559 for a complete and thorough
description of the City of Miami Living Wage.
1.41. GOVERNING LAS' AND VENUE - The validity and effect of this Contract shall be governed by
the laws of the State of Florida. The parties agree that any action, mediation or arbitration arising out of this
Contract shall take place in Miami-Dade County, Florida.
1.42. HEADINGS AND TERMS - The headings 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.
1.43. HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT (HIPPA) - Any
person or entity that performs or assists the City of Miami with a function or activity involving the use or
disclosure of "individually identifiable health information (IIHI) and/or Protected Health Information (PHI)
shall comply with the Health Insurance Portability and Accountability Act (HIPAA) of 1996 and the City
of Miami Privacy Standards. HIPAA mandates for privacy, security and electronic transfer standards,
which include but are not limited to;
A. Use of information only for performing services required by the contract or as required by law;
B. Use of appropriate safeguards to prevent non-permitted disclosures;
C. Reporting to the City of Miami of any non-P,nmitted use or disclosure;
D. Assurances that any agents and subcontractors agree to the sarne restrictions and conditions that apply to
the Bidder/Proposer and reasonable assurances that IIHI/PHI will be held confidential.;
E. Makin-- Protected IJealth Inforniation (PHI) available to the customer;
F. Making PHI available to the customer for review and amendment; and incorporating any amendments
requested by the customer;
G. Making PHI available to the City of Miami for an accounting of disclosures; and
H. Making internal practices, books and records related to PHI available to the City of Miami for
compliance audits.
PHI shall maintain its protected status regardless of the form and method of transmission (paper records,
and/or electronic transfer of data). The Bidder/ Proposer must give its customers written notice of its
privacy information practices including specifically, a description of the types of uses and disclosures that
would be made with protected health information.
1.44. INDEMNIFICATION - The Contractor shall indemnify and save 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 darnage 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.
1.45. INFORMATION AND DESCRIPTIVE LITERATURE—Bidders/Proposer must furnish all
information requested in the spaces provided in the Formal Solicitation. Furthcr, as may be specified
elsewhere, each Bidder/Proposer must submit for evaluation, cuts, sketches, descriptive literature, technical
specifications, and Material Safety Data Sheets (MSDS)as required, covering time products offered.
Reference to literature submitted with a previous response or on file with the Buyer will not satisfjf this
provision.
1.46. INSPECTIONS - The City may, at reasonable times during the term hereof, inspect Contractor's
facilities and perform such tests, as the City deems reasonably necessary, to determine whether the goods
and/or services required to be provided by the Contractor under this Contract confonn to the terms and
conditions of the Formal Solicitation. Contractor shall make available to the City all reasonable facilities
and assistance to facilitate the performance of tests or inspections by City representatives. All tests and
inspections shall be subject to, and made in accordance with, the provisions of the City of Miami Ordinance
No. 12271 (Section 18-79), as same may be amended or supplemented from time to time.
1.47. INSPECTION OF RESPONSE - Responses received by the City pursuant to a Formal Solicitation
will not be made available until such time as the City provides notice of a decision or intended decision or
within 10 days after bid closing, whichever is earlier. Bid/Proposal results will be tabulated and may be
furnished upon request via fax or e-mail to the Sr. Procurement Specialist issuing the Solicitation.
Tabulations also are available on the City's Web Site following recommendation for award.
1.48. INSURANCE - Within ten (10) days after receipt of Notice of Award, the successful Contractor,
shall furnish Evidence of Insurance to the Purchasing Department, if applicable, Submitted evidence of
coverage shall demonstrate strict compliance to all requirements listed on the Special Conditions entitled
"Insurance Requirements". The City shall be listed as an "Additional Insured."
Issuance of a Purchase Order is contingent upon the receipt of proper insurance documents. If the
insurance certificate is received within the specified time frame but not in the manner prescribed in this
Solicitation the Contractor shall be verbally notified of such deficiency and shall have an additional five (5)
calendar days to submit a corrected certificate to the City. If the Contractor fails to submit the required
insurance documents in the manner prescribed in this Solicitation within fifteen (I5) calendar days after
receipt Notice of Award, the contractor shall be in default of the contractual tenns and conditions and shall
not be awarded the contract. Under such circumstances, the Bidder/Proposer may be prohibited from
submitting future responses to the City. Information regardin' an), insurance requirements shall be directed
to the Risk Administrator, Department of Risk Management, at 444 SW 2nd Avenue, 9th Floor, Miami,
Florida 33130, 305-416-1604.
The Bidder/Proposer shall be responsible for assuring that the insurance certificates required in
conjunction with this Section remain in effect for the duration of the contractual period; including any and
all option terms that may be granted to the Bidder/Proposer.
1.49. INVOICES - Invoices shall contain purchase order number and details of goods and/or services
delivered (i.e. quantity, unit price, extended price, etc); and in compliance with Chapter 21 S of the Florida
Statutes (Prompt Payment Act).
1.50. LOCAL PREFERENCE - City Code Section 18-85, states that the Cin, Commission may offer to a
responsible and responsive bidder/proposer, who maintains a Local Office, the opportunity of accepting a
bid at the lour bid amount, if the original bid amount submitted by the local vendor is not more than ten
percent ()0110) in excess of the lowest other responsible and responsive bidder/proposer.
1.51. MANUFACTURER'S CERTIFICATION-The City reserves the right to request from
bidders/proposers a separate Manufacturer's Certification of all statements made in the bid/proposal.
Failure to provide such certification may result in the rejection of bid/proposal or tenninatim of
contract/agreement, for which the bidder/proposer must bear full liability.
1.52, MINORITY/WOMEN PROCUREMENT PROGRAM - Ordinance No. 10062, as amended. titled
the Minority 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 fill "...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/proposers doing business with the
City are encouraged to include the participation of minority fin-ns in their response. in evaluating
bids/proposals 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 responses.
Possible ways to include minority participation would involve:
A. Joint venture with a minority firm(s)
B. Utilizing minority firm(s) as subcontractor(s).
C. Utilizing minority fin-n(s) to supply goods and/or services.
D. Successful implementation of well defined affirmative action program.
E. Other forms of minority participation, if properly documented.
Successful bidder(s)/proposer(s) shall be required to establish an Affirmative Action Plan, if not, an
Affirmative Action Policy shall be established, pursuant to Ordinance #10062 as amended. Effective date
of implementation must be indicated on the policy.
A "Minority Status Information Sheet" is provided to assist bidders/proposers in presenting information
concerning minority participation.
Minority and women-owned business firms are encouraged, but not required, to register with the City prior
to submitting a response. The Purchasing Department, Minority/Women Business Affairs Office, will
provide the necessary for-ins and instructions upon request. All bidders/proposers are urged to submit
responses 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/Proposer's cooperation is greatly needed to aid the City in achieving its goal.
Bidders/Proposers may contact this Office at (305) 416-1913 for information.
153. MODIFICATIONS OR CHANGES IN PURCHASE ORDERS AND CONTRACTS - No
contract or understanding to modify this Formal Solicitation and resultant purchase orders or contracts, if
applicable, shall be binding upon the City unless made in writing by the Director of Purchasing of the City
of Miami, Florida through the issuance of a change order, addendum, amendment, or supplement to the
contract, purchase order or award sheet as appropriate.
1.54. 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 CDniraetOr, or to create
any other similar relationship between the parties.
1.55. 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 detemtined 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
resumed at Bidder's/Proposer's expense. These non -conforming items not delivered as per delivery date in
the response and/or Purchase Order may result in bidder/proposer being found in default in which event
any and all re -procurement 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 Supplier's list.
1.56. NONDISCRIMINATION —Bidder/Proposer agrees that it shall not discriminate as to race, sex,
color; age, religion, national origin, marital starts, or disability in connection with its performance under
this formal solicitation. Furthenmore, Bidder/Proposer 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/Proposer 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
afforded equal opportunity for employment.
1.57. NON-EXCLUSIVE CONTRACT/ PIGGYBACK PROVISIOiN - At such times as may serve its
best interest, the City of Miatni reserves the right to advertise for, receive, and award additional contracts
for these herein goods and/or services, and to make use of other competitively bid (governmental)
contracts, agreements, or other similar sources for the purchase of these goods andior services as may be
available.
It is hereby agreed and understood that this formal solicitation does not constitute the exclusive rights of
the successful bidder(s)/proposer(s) to receive all orders that may be generated by the City in conjunction
with this Formal Solicitation.
In addition, anyand all commodities, equipment, and services required by the City in conjunction with
construction projects are solicited under a distinctly different solicitation process and shall not be purchased
under the tenns, conditions and awards rendered under this solicitation, unless such purchases are
detennined to he in the best interest of the City.
1.58. OCCUPATIONAL LICENSE - Any person, firm, corporation or joint venture, with a business
location in the City of Miami and is submitting a Response under this Formal Solicitation shall meet the
City's Occupational License Tax requirements in accordance with Chapter 31.1, Article 1 of the City of
Miami Charter. Others with a location outside the City of Miami shall meet their local Occupational
License Tax requirements. A copy of the license must be submitted with the response; however, trte City
may at its sole option and in its best interest allow the Bidder/Proposer to supply the license to the City
during the evaluation period, but prior to award.
1.59. ONE PROPOSAL - Only one (1) Response from an individual, fine, partnership, corporation or
joint venture v ill be considered in response to this Formal Solicitation. When submitting an alternate
response, please refer to the herein condition for "Alternate Responses May Be Considered".
1.60. OWNERSHIP OF DOCUMENTS - It is understood by and between the parties that any documents,
records, files, or any other matter whatsoever which is given by the City to the successful Bidder/Proposer
pursuant to this formal solicitation shall at all times remain the property ofthe City and shall not be used by
the Bidder/Proposer for any otherpurposes whatsoever without the written consent of the City.
1.61. PARTIAL INVALIDITY - If any provision of this Contract or the application thereof to any person
Or circumstance shall to any extent be held invalid, then the remainder of this Contract or the application of
such provision to persons or circumstances other than those as to which it is held invalid shall not be
affected thereby, and each provision of this Contract shall be valid and enforced to the fullest extent
permitted by law.
1.62 PERFORMANCE/PAYMENT BOND —A Contractor may be required to furnish a
Perfonnance)Payment Bond as part of the requirements of this Contract, in an amount equal to one hundred
percent (100%) of the contract price.
1.63, PREPARATION OF RESPONSES (HARDCOPY FORMAT)—Bidders/Proposers are expected to
examine the specifications, required delivery, drawings, and all special and general conditions. All
bidiproposed amounts, if required, shall be either rype wrinen or entered into the space provided with inl;.
Failure to do so will be at the Bidder's/Proposer's risk.
A. Each Bidder/Proposer shall famish the information required in the Formal Solicitation. The
Bidder/Proposer shall sign the Response and print in ink or type the name of the Bidder/Proposer, address,
and telephone number on the face pace and on each continuation sheet thereof on which he/she makes an
entry, as required.
B. 1f so required, the unit price for each unit offered shall be shown; and such price shall include
packaging, handling and snipping, and P.O.B. Miami deliven, inside City premises unless otherwise
specified. Bidder/Proposer shall include in the response all taxes, insurance, social security, workmen's
compensation, and any other benefits normally paid by the Bidder/Proposer to its employees. If
applicable, a unit price shall be entered in the "Unit Price" colunm for each item. Based upon estimated
quantity, an extended price shall be entered in the "Extended Price" colutrur 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/Proposer must state a definite time, if required, in calendar days for delivery of goods
and/or services.
D. The Bidder/Proposer should retain a copy of all response documents for future reference.
E. All responses, as described, must be fully completed and typed or printed in ink and must be signed in
ink with the firm's name and by an officer or employee having authority to bind the company or firm by
his/her signature. Bids/Proposals having any erasures or corrections must be initialed in inl. by person
signing the response or the response may be r jetted.
F. Responses are to remain valid for at least 180 days. Upon award of a contract; the content of the
Successful Bidder's/Proposer's response may be included as part of the contract, at the City's discretion.
G. The City of Miami's Response Forms shall be used when Bidder/Proposer is submitting its response in
hardcopy format. Use of any other forms will result in the rejection of the response. IF SUBMITTING
HARDCOPY FORMAT, THE ORIGINAL AND THREE (3) COPIES OF THESE SETS OF FORMS,
UNLESS OTHERWISE SPECIFIED, AND ANY REQUIRED ATTACHMENTS MUST BE
RETURNED TO THE CITY DR YOUR RESPONSE MAY BE DEEMED NON-RESPONSIVE.
1.64. PRICE ADJUSTMENTS— Any price decrease effectuated during the contract period either by
reason of market change or on the part of the contractor to other customers shall be passed or. to the City of
Miami.
1.65. PRODUCT SUBSTITUTES - In the event a particular awarded and approved manufacturer's
product becomes unavailable during the term of the Contract, the Contractor awarded that item may
arrange with the City's authorized representative(s) to supply a substitute product at the awarded price or
lower, provided that a sample is approved in advance of delivery and that the new product meets or exceeds
all quality requirements.
1.66. CONFLICT OF INTEREST, AND UNETHICAL BUSINESS PRACTICE PROFIIBITIONS -
Contractor represents and warrants to the City that it has not employed or retained any person or company
employed by the City to solicit or secure this Contract and that it has not offered to pay, paid, or agreed to
pay any person any fee, commission, percentage, brokerage fee, or gift of any kind contingent upon or in
connection with, the award of this Contract.
1.67. PROMPT PAYMENT —Bidders/Proposers may offer a cash discount for prompt payment, however,
discounts shall not be considered in determining the lowest net cost for response evaluation purposes.
Bidders/Proposers are required to provide their prompt payment terms in the space provided on the Formal
Solicitation. If no prompt payment discount is being offered, the Bidder/Proposer must enter zero (0) for
the percentage discount to indicate no discount. If the Bidder/Proposer fails to enter a percentage, it is
understood and agreed that the terms shall be 256 20 days, effective after receipt of invoice or final
acceptance by the City, whichever is later.
When the City is entitled to a cash discount, the period of computation will conmienee on the date of
delivery, or receipt of a correctly completed invoice, whichever is Iater. If an adjustment in payment is
necessary due to damage, the cash discount period shall continence on the date final approval for payment
is authorized. If a discount is pan 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 conunencing 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
biddersiproposers during the tens of the contract.
1.68. 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 Cite
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,
Jess depreciation of the property; if any.
1.69. PROVISIONS BINDING - Except as otherwise expressly provided in the resulting Contract, all
covenants, conditions and provisions of the resulting Contract shall be binding upon and shall more to the
benefit of the parties hereto and their respective heirs, legal representatives, successors and assigns.
1.70. PUBLIC ENTITY CRIMES - A person or affiliate who has been placed on the convicted vendor list
following a conviction for a public entity crime may not submit a response on a contract to provide any
goods or services to a public entity, may not submit a response ou a contract with a public entity for the
construction or repair of a public building or public work, may not submit responses on leases of real
property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or
consultant under a contract with any public entity, and may not transact business with any public entity in
excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36
months from the date of being placed on the convicted vendor list.
1.71. PUBLIC RECORDS - Contractor understands that the public shall have access, at all reasonable
times, to all documents and information pertaining to City contracts, subject to the provisions of Chapter
119, Florida Statutes, and City of Miami Code, Section 18, Article 1I1, 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.
1.72. QUALITY OF GOODS, MATERIALS, SUPPLIES, PRODUCTS, AND EQUIPMENT - All
materials used in the manufacturing or construction of supplies, materials, or equipment covered by this
solicitation shall be new_ The items bid/proposed must be of the latest make or model, of the best quality,
and of the highest grade of workmanship, unless as otherwise specified in this Solicitation.
1.73. QUALITY OF WORK/SERVICES - The work/services 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 Solicitation.
1.74. REMEDIES PRIOR TO AMIARD (Sec. 18-106) - If prior to Contract award it is determined that a
formal solicitation or proposed award is in violation of law, then the solicitation or proposed award shall be
cancelled by the City Commission, the City Manager or the Chief Procurement Officer, as may be
applicable, or revised to comply with the law,
1.75. RESOLUTION OF CONTRACT DISPUTES (Sec. 18-105)
(a) Authority to resolve Contract disputes. The Cite Manager, after obtaining the approval of the city
attorney, shall have the authority to resolve controversies between the Contractual Party and the city which
arise under, or by virtue of a Contract between them; provided that, in cases involving an amount greater
than $25,000, the City Commission must approve the City Manager's decision. Such authority, extends,
without limitation, to controversies based upon breach of Contract, mistake, misrepresentation or lack of
complete performance, and shall be invoked by a Contractual Party by submission of a protest to the City
Manaser.
(b) Contract dispute decisions. If a dispute is not resolved by mutual consent, the City Manaeer 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
part- shall not be entitled to such judicial relief without first having followed the procedure set forth in this
section.
1.76. 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 S25,000.
Protests thereon shall be governed by the Administrative Policies 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 Interest is published in a newspaper of general circulation. A notice of intent to
file a protest is considered filed when received by the Chief Procurement Officer; or
fl. Any prospective bidder who intends to contest the Solicitation Specifications or a.solicitation may
protest to the Chief Procurement Officer. A written notice of intent to file a protest shall be filed with the
Chief Procurement Officer within three days after the solicitation is published in a newspaper of general
circulation. A notice of intent to file a protest is considered filed when received by the Chief Procurement
Officer.
2. Protest of Award.
i. Any actual proposer who perceives itself aggrieved in connection with the recommended award of
Contract may protest to the Chic f Procurem ent Officer. A written notice of intent to file a protest shall be
filed with the Chief Procurement Officer within two days after receipt by the proposer of the notice of the
City Manager's recommendation for award of Contract. The receipt by proposer of such notice shall be
confirmed by the city by facsimile or electronic mail or U.S. mail, return receipt requested. A notice of
intent to file a protest is considered filed when received by the Chief Procurement Officer; or
h. 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 detennination.
The written protest shall state with particularity the specific facts and law upon which the protest of the
solicitation or the award is based, and shall include all pertinent documents and evidence and shall be
accompanied by the required Filing Fee as provided in subsection (f). This shall form the basis for review
of the written protest and no facts, grounds, documentation or evidence not contained in the protester's
submission to the Chief Procurement Officer at the time of filing the protest shall be pennitted in the
consideration of the written protest.
No time will be added to the above limits for service by mail. In computing any period of time prescribed
or allowed by this section, the day of the act, event or default from which the designated period of time
begins to run shall not be included. The last day of the period so computed shall be included unless it is a
Saturday, Sunday or legal holiday in which event the period shall run until the end of the next day which is
neither a Saturday, Sunday or legal holiday. Intemtediate 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 cottmrtunicate 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 535,000, the decision of the Chief Procurement Officer shall be
submitted for approval or disapproval thereof to the City Commission after a favorable reconmuendation by
the city attorney and the City Manager.
(c) Compliance with filing requirements. Failure of a parry to timely file either the notice of intent to flc 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
suchparry's right to file a protest pursuant to this section. The protesting party shall not be entitled to seek
judicial relief without first having followed the procedure set forth in this section
(d) Stay of Procurements during protests, upon receipt of a written protest filed pursuant to the
requirements of this section, the city shall not proceed further with the solicitation or with the award of the
Contract until the protest is resolved by the Chief Procurement Officer or the City Commission as provided
in subsection (b) above, unless the City Manager makes a written determination that the solicitation process
or the Contract award must be continued without delay in order to avoid an immediate and serious danger
to the public health, safety or welfare.
(e) Costs. All costs accruing from a protest shall be assumed by the protestor.
(f) Filing Fee. The written protest must be accompanied by a filing fee in the form of a money order or
cashier's check payable to the city in an amount equal to one percent of the amount of the Bid or proposed
Contract, or 55000.00, whichever is less, which filing fee shall guarantee the payment of all costs which
may be adiudged against the protestor in any administrative or court proceeding. If a protest is upheld by
the Chief Procurement Officer and/or the City Cornmission, as applicable, the filing fee shall be refunded
to the protestor less any costs assessed under subsection (e) above. If the protest is denied, the filing fee
shall be forfeited to the city in lieu of payment or costs for the administrative proceedings as prescribed by
subsection (e) above.
1.77. SAMPLES - Samples of items, when required, must be submitted within the time specified at no
expense to the City. If not destroyed by testing, bidder(s)/proposer(s) will be notified to remove samples,
at their expense, within 30 days after notification. Failure to remove the samples will result in the samples
becoming the property of the City.
1.75. SELLING, TRANSFERRING OR ASSIGNING RESPONSIBILITIES - Contractor shall not sell,
assign, transfer or subcontract at any time during the term of the Contract, or any part of its operations, or
assign any portion of the performance required by this contract, except under and by virtue of written
permission granted by the City through the proper officials; which may be withheld or conditioned, in the
City's sole discretion.
1.79. SERVICE AND WARRANTY —When specified, the bidder/proposer shall define all warranty,
service and replacements that will be provided. Bidders/Proposer must explain on the Response to what
extent warranty and service facilities are available. A copy of the manufacturer's warranty, if applicable,
should be submitted with your response.
1.80. SILENCE OF SPECIFICATIONS - The apparent silence of these specifications and any
supplemental specification as to any detail or the omission from it of detailed description concerning any
point shall be regarded as meaning that only the best commercial practices are to prevail and that only
materials of first quality and correct type, size and design are to be used. All workmanship and services is
to be first quality.
All interpretations of these specifications shall be made upon the basis of this statement.
Ifyour firm has a current contract with the State of Florida, Department of General Services, to supply the
items on this solicitation, the bidder/proposer shall quote not more than the contract price; failure to comply
with this request will result in disqualification of bid/proposal.
1.81. SUBMISSION AND RECEIPT OF RESPONSES - Responses shall be submitted electronically via
the Oracle System or responses may be submitted in hardcopy format to the Cih, Clerk, City I-3all, 3500
Pan American Drive, Miami, Florida 33133-5504, at or before, the specified closing date and titue as
designated in the IFB, RFP, RFQ, orRFLI. NO EXCEPTIONS. Bidders/Proposers are welcome to attend
the solicitation closing; however, no award will be made at that time.
A. Hardcopy responses shall be enclosed in a sealed envelope, box package. The face of the envelope,
box or package must show the hour and date specified for receipt of responses, the solicitation number and
title; and the name and return address of the Bidder/Proposer. Hardcopy responses not submitted on the
requisite Response Forms may be rejected. Hardcopy responses received at any other location than the
specified shall be deemed non-responsive.
Directions to Cite Hall:
FROM THE NORTH: 1-93 SOUTH UNTIL IT TURNS INTO US). USI SOUTH TO 27TI-I AVE..
TURN LEFT, PROCEED SOUTH TO S0. BAYSHORE DR. (3RD TRAFFIC LIGHT), TURN LEFT; I
BLOCK TURN RIGHT ON PAN AMERICAN DR. CITY HALL 1S AT THE END OF PAN
AMERICAN\ DR. PARKING IS ON RIGHT.
FROM THE SOUTH: USI NORTH TO 27TI1 AVENUE; TURA' RIGHT, PROCEED SOUTH TO SO,
BAYSHORE DR. (3RD TRAFFIC LIGHT), TURN LEFT, I BLOCK TURN RIGHT ON PAN
AMERICAN DR. CITY HALL IS AT THE END OF PAN AMERICAN DR. PARKING IS ON RIGHT.
B. Facsimile responses will not be considered.
C. Failure to follow these procedures is cause for rejection of bid/proposal.
D. The responsibility for obtaining and submitting a response on or before the close date is solely and
strictly the responsibility, of Bidder/Proposer. The City of Miami is not responsible for delays caused by
the United States mail delivery or caused by any other occurrence. Responses received after the
solicitation closing date and time will be returned unopened, and will not be considered for award.
E. Late responses will be rejected.
F. All responses are subject to the conditions specified herein. Those which do not comply with these
conditions are subject to rejection.
G. Modification of responses already submitted will be considered only if received at the City before the
time and date set for closing of solicitation responses. All modifications must be submitted via the Oracle
System or in writing. Once a solicitation closes (closed date and/or time expires), the City will not consider
any subsequent submission which alters the responses.
H. If hardcopy responses are submitted at the same time for different solicitations, each response must be
placed in a separate envelope, box, or package and each envelope, box or package must contain the
information previously stated in 1.82.A.
1.82. TAXES - The City of Miami is exempt from any taxes imposed by the State and/or Federal
Government. Exemption certificates will be provided upon request. Notwithstanding, Bidders/Proposers
should be aware of the fact that all materials and supplies which are purchased by the BiddovProposer for
the completion of the contract is subject to the Florida State Sales Tax in accordance with Section 212.08,
Florida Statutes, as amended and all amendments thereto and shall be paid solely by the Bidder/Proposer.
1.83. TERMINATION —The City Manager on behalf of the City of Miami reserves the right to terminate
this contract by written notice to the contractor effective the date specified in the notice should any of the
following apply:
A. The contractor is determined by the City to be in breach of any of the terms and conditions of the
contract.
B. The City has determined that such termination will be in the best interest of the City to tenninate the
contract for its own convenience;
C. Funds are not available to cover the cost of the goods and/or services. The City's obligation is
contingent upon the availability of appropriate funds.
1.84 TERMS OF PAYMENT - Payment will be made by the City after the goods and/or services awarded
to a Bidder/Proposer have been received, inspected, and found to comply with award specifications, free of
damage or defect, and properly invoiced. No advance payments of any kind will be made by the City of
Miami.
Payment shall be made after delivery, within 45 days of receipt of an invoice and authorized inspection
and acceptance of the goods/services and pursuant to Section 218.74, Florida Statutes and other applicable
law.
1.85. TIMELY DELIVERY - Time will be of the essence for any orders placed as a result of this
solicitation. The City reserves the right to cancel such orders, or any part thereof: without obligation; if
delivery is not made within the times) specified on their Response. Deliveries are to be made during
regular City business hours unless otherwise specified in the Special Conditions.
1.86. TITLE - Title to the goods or equipment shall not pass to the City until after the City has accepted
the goodsiequipnrent or used the goods, whichever comes first.
1,87.TRADE SECRETS EXECUTION TO PUBLIC RECORDS DISCLOSURE- All Responses
submitted to the City are subject to public disclosure pursuant to Chapter 119, Florida Statutes. An
exception may be made for "trade secrets."
If the Response contains inforrttation that constitutes a "trade secret", all material that qualifies for
exemption from Chapter 119 must be submitted in a separate envelope, clearly identified as "TRADE
SECRETS EXCEPTION," with your firm's name and the Solicitation number and title marked on the
outside.
Please be aware that the designation of an item as a trade secret by you may be challenged in court by any
person. By your designation of material in your Response as a "trade secret" you agree to indemnify and
hold harmless the City for any award to a plaintiff for damages, costs or attorney's fees and for costs and
attomey's fees incurred by the City by reason of any legal action challenging your claim.
1.88. UNAUTHORIZED WORK OR DELIVERY OF GOODS- Neither the qualified
Bidder(s)/Proposer(s) nor any of his/]ter employees shall perform an), work or deliver any goods unless a
change order or purchase order is issued and received by the Contractor. The qualified
Bidder(s)/Proposer(s) shall not be paid for any work performed or goods delivered outside the scope of the
contract or any, work performed by an employee not othcm,ise previously authorized.
1.89. USE OF NAME - The City is not engaged in Tesearch for advertising, sales promotion, or other
publicity purposes. No advertising, sales promotion or other publicity materials containing information
obtained from this Solicitation are to be mentioned, or imply the name of the City, without prior express
written permission of the City Manager or the City Commission.
1.90, VARIATIONS OF SPECIFICATIONS - For purposes of solicitation evaluation, bidders/proposers
must indicate any variances from the solicitation specifications and/or conditions, no matter how slight. If
variations are not stated on their Response, it will be assumed that the product fully complies with the
City's specifications.
2. Special Conditions
2.1. PURPOSE
The purpose of this Solicitation is to establish a contract, for the provision of custodial and janitorial
services to various City of Miami facilities, as specified herein, from a source(s) of supply that will give
prompt and efficient service fully compliant with the terms, conditions and stipulations of the solicitation.
2.2. DEADLINE FOR RECEIPT OF REQUEST FOR ADDITIONAL
IN FORMA T) ON/CLARIF) CATION
Any questions or clarifications concerning this solicitation shall be submitted by email or facsimile to the
Purchasing Department, Attn: Charles F. Johnson; fax: (305) 416-1925 or
email: chjohnson(tirniamigov.com. The solicitation title and number shall be referenced on all
correspondence. All questions must be received no later than Friday, January 30, 2009. All responses to
questions will be sent to all prospective bidders/proposers in the form on an addendum. NO QUESTIONS
WILL BE RECEIVED VERBALLY OR AFTER SAID DEADLINE.
2.3. PRE-BID CONFERENCE
A Mandatory pre-bid conference will be held on Wednesday January 14, 2009 at 2:00 pm, at Miami
Riverside Center (MRC) 444 S.W. 2 Avenue. 1st Floor Training Room, Miami; Florida 33I30 (Training
room is located behind the Employment Counter). Bidder's failure to attend shall deem any bid from the
same as non-responsive. At that conference all work will be discussed and all questions answered. No
questions will be answered except at the pre-bid conference,
Bidders who arrive more than one-half(] /2) hour late at the initial Conference at Wednesday January 14,
2009 at 2:00 pm, shall not be deemed as having met this mandatory requirement.
2.4. VOLUNTARY SITE INSPECTIONS lZ/�t r�'��""Lcf�� '�' �IG7C'
The sites listed in Section 3.0, Specifications, will be available for inspection (by appointment) following
the initial mandatory pre-bid meeting. The bidder may visit the site of the proposed work to become
familiar with any conditions, which may in any manner, affect the work to be done or affect the equipment,
materials and labor required.
The bidder is also required to examine carefully the specifications and be thoroughly informed regarding
any and all conditions and requirements that may in any manner affect the work to be performed under the
contract. No additional allowances will be made because of lack of knowledee of these conditions.
For a site visitation appointment, please contact the Contract Administrator assigned to the site:
QUnfiD L Qibs- A ,ttrljno ('cnPral Ca tiaminaaua�
GROUP 2: Class B Buildings - GSA and Police Department
City Fall - Chuck Postis - (305) 329-4736
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2.5. TERM OF CONTRACT
The Contract shall commence upon the date of notice of award and shall be effective for two (2) years with
the option to extend for three (3) additional one (1) year periods, subject to the availability of funds for
succeeding fiscal years.
Continuation of the contract beyond the initial period is a City prerogative; not a right of the bidder. This
prerogative will be exercised only when such continuation is clearly in the best interest of the City.
2.6. NON -APPROPRIATION OF FUNDS
In the event no funds or insufficient funds are appropriated and budgeted or are otherwise unavailable in
any fiscal period for payments due under this contract, then the City, upon written notice to Contractor or
his assignee of such occurrence, shall have the unqualified right to terminate the contract without any
penalty cr expense to the City. No guarantee, warranty or representation is made that any particular or any
project(s) will be awarded to any firm(s).
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2.8. EQUITABLE ADJUSTMENT
The Purchasing Department may, in its sole discretion, make an equitable adjustment in the contract terms
and/or pricing if pricing or availability of supply is affected by extreme or unforeseen volatility in the
marketplace, that is, by circumstances that satisfi, all the following criteria: (1) the volatility is due to
circumstances beyond the successful bidder(s) control, (2) the volatility affects the marketplace or industry,
not just the particular contract source of supply, (3) the effect on pricing or availability of supply is
substantial, and (4) the volatility so affects the successful bidder(s) that continued performance of the
contract would result in a substantial loss. Successful bidders) migght have to supply documentation to
justify any requested percentage increase in cost to the City of Miami.
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2.5. TERM OF CONTRACT
The Contract shall commence upon the date of notice of award and shall be effective for two (2) years with
the option to extend for three (3) additional one (1) year periods, subject to the availability of funds for
succeeding fiscal years.
Continuation of the contract beyond the initial period is a City prerogative; not a right of the bidder. This
prerogative will be exercised only when such continuation is clearly in the best interest of the City.
2.6. NON -APPROPRIATION OF FUNDS
In the event no funds or insufficient funds are appropriated and budgeted or are otherwise unavailable in
any fiscal period for payments due under this contract, then the City, upon written notice to Contractor or
his assignee of such occurrence, shall have the unqualified right to terminate the contract without any
penalty cr expense to the City. No guarantee, warranty or representation is made that any particular or any
project(s) will be awarded to any firm(s).
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2.8. EQUITABLE ADJUSTMENT
The Purchasing Department may, in its sole discretion, make an equitable adjustment in the contract terms
and/or pricing if pricing or availability of supply is affected by extreme or unforeseen volatility in the
marketplace, that is, by circumstances that satisfi, all the following criteria: (1) the volatility is due to
circumstances beyond the successful bidder(s) control, (2) the volatility affects the marketplace or industry,
not just the particular contract source of supply, (3) the effect on pricing or availability of supply is
substantial, and (4) the volatility so affects the successful bidder(s) that continued performance of the
contract would result in a substantial loss. Successful bidders) migght have to supply documentation to
justify any requested percentage increase in cost to the City of Miami.
2.9. METHOD OF AWARD
Award of this contract will be made to the lowest responsive and responsible bidder meeting, the
Specifications, on a group by croup basis, a combination of groups or a total of all groups. Bidders must
bid on all items within a group in order to quality for that group, with the exception of Group 2. Failure to
bid on all items within a group shall disqualify you- bid for that group, with the exception of Group 2.
The City reserves the right to accept or reject any or all bids or parts of bids, waive informalities, and
re -bid these services specified herein.
2.10. BIDDER'S MINIMUM QUALIFICATIONS
Consideration for the award of this contract will be granted to all responsive, responsible bidders who
provide evidence, that they meet or exceed the minimum pre -qualification criteria established below:
1) Current copy of Occupational License must be submitted with bid.
2) In order to maintain the City's property at a high level, the City is seeking qualified.bidders who
have sufficient experience and provides quality service. Bids shall be considered only from firms that are
regularly engaged in the business of providing services as described herein. The Bidder:
a. Shall have experience in the House Services/Janitorial business for at least five (5) consecutive
years operating under the same name.
b. Shall have never fled for bankruptcy, be in sound financial condition, have no record of pending
lawsuits or criminal activities, and shall not have conflicts of interest which may be of embarrassment to
the City.
C. Not submit a bid should the contractor have any member, officer, or stockholder that is in arrears
or is in default of any debt or contract involving the City, is a defaulter or surety otherwise, upon any
obligation to the City, and/or has failed to perform faithfully any previous contract with the City.
3) Bidder shall provide, as a minimum, three (3) Letters of Reference, on Company letterhead, from
properties being serviced at this time by Bidder or within the past three (3) years. The City reserves the
right to verify and/or visit these or any other references as part of the evaluation, which may be used as a
disqualifier to perform services under this TFQ should references reveal poor performance.
Letters of reference must include, in addition to the scope of work being performed, contract term period,
and a detailed description of the buildingiproperty being serviced, to include square footage and purpose of
building, that will qualify you to perform under the Class A, B, or C Buildings as described in section 2.39
of this IFB. Failure to demonstrate experience in a particular building classification will disqualify your
bid for facilities under that particular building classification as identified in this IFB.
2.11. INSURANCE REQUIREMENTS
TNDEMNIFICATIOI\i
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 and Iiabilities incurred in the defense of an;, such claim, or the investigation thereof.
The bidder shall furnish to City of Miami, c/o Purchasing Department, 444 SW 2nd Avenue, 6th Floor,
Miami, Florida 33130, Certificate(s) of Insurance which indicate that insurance coverage has been obtained
which meets the requirements as outlined below:
(1) Worker's Compensation
Invitation for Bid (IFB) 106061,9
A. Limits of LiabilityStarutory - State of Florida
(2) Commercial General Liability:
A. Limits of Liability
Bodily Injury and Propervy Damage Liability - Each Occurrence: S 1.000.000.00.
General Aggregate Limit: 52.000.000.00.
Personal and Adv. lnjur}!. Products and Completed Operations and Fire Damage: S 1.000.000.00,
B. Endorsements Required:
City of Miami included as an Additional insured. Employees included as insured. Contractual
Liability.
(3) BusinessAutomobile Liability
A. Limits of Liability
Bodily injury and property damage liability combined single limits. Any Auto, including hired,
borrowed or owned, or non -owned autos used in connection with the work - S 1.000.000.00.
B. Endorsements Required:
City of Miami included as an Additional Insured
(4) Employer's Liability
A. Limits of Liability
Bodily injury caused by an accident; each accident: 3100.000.
Bodily injury caused by disease, each employee: 5100,000.
Bodily injury caused by disease, policy limit: S--)00.000.
BINDERS ARE UNACCEPTABLE.
The insurance coverage required shall include those classifications, as listed in standard liability insurance
manuals, which most nearly reflect the operations of the bidder.
All insurance policies required above shall be issued by companies authorized to do business under the
laws of the State of Florida, with the following qualifications:
The Company must be rated no less than "A" as to management, and no less than "Class V" as to financial
strength, by the latest edition of Best's Insurance Guide, published by A.M. Best Company, Oldwick, New
Jersey, or its equivalent. All policies and/or certificates of insurance are subject to review and verification
by Risk Management prior to insurance approval,
Certificates will indicate no modification or change in insurance shall be made without thirty (30) days
written advance notice to the certificate holder.
NOTE: CITY BID NUMBER AND/OR TITLE OF BID MUST APPEAR ON EACH CERTIFICATE.
Compliance with the foregoing requirements shall not relieve the 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:
(5) 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.
(6) The City may, at its sole discretion, tenninate this contract for cause and seek re -procurement
damages from the Bidder in conjunction with the General and Special Terms and Conditions of the Bid.
The Bidder shall be responsible for assuring that the insurance certificates required in conjunction with this
Section remain in force for the duration of the contractual period; including any and all option terms that
may be granted to the Bidder.
2.12. BUILDING CLASSIFICATIONS
The City of Miami Riverside Center is a Class "A" property ;City llall and Foilce Administration
Building are Class "B" properties which are constantly in the public eye and will always be visited by a
large client base including City officials, employees, and a substantial number of visitors representing the
general public. All other properties listed herein are classified as Class "C" properties, which are smaller
buildings, with a smaller client bases compared to those of Class "A" or Class "B" properties.
Building Class Standards
Class A
Class "A" buildingsare normally the most desirable and command the highest properr value (i.e,
appraised value, purchase amount, rental amount). These buildings are usually the most prestigious in their
tenancy, location, and overall desirability. Most often, they are newer (less than 20 years old) or recently
renovated structures with many amenities and high-quality standard finishes, as well as state-of-the-art
mechanical/electrical systems and flexible floor plates. Class "A" buildings have exceptional accessibility
and a definite market presence. They tend to be multi -story and multi -use. In addition, Class "A"
properties frequently offer large parking garages.
I) To qualify for the Miami Riverside Center Building (MRC) and be considered to quote on a Class
"A" facility, bidder shall have serviced a muhi-story Class "A" administrative type property having at least
200,000 square feet.
2) (MRC only) Bidder shall provide the equipment and personnel to ensure the cleanliness of the
structural cross members and glass, and keep all surfaces free of cobwebs on a daily basis (i.e. as found in
the 3 -story Riverside Center lobby (stories 1- 3)
Class B
Class `B" buildinnsare usually less desirable and prestigious than Class "A" buildings and may have been
built using lower quality design and construction materials. In addition, they may be older, less modem,
and unable to accommodate the needs of larger occupants. However, in some markets, Class "A" and `B"
structures do not differ drastically from each other. The local market decides if a buildings is a Class "A" or
"B" by the property value (Le, appraised value, purchase amount, rental amount).and by comparing building
features. Theproperty value for Class "B" buildings is typically lower than for Class "A" buildings. During
a Soft economy, though, the price differential may be small.
To qualify for City Hall, and be considered to quote on a Class "B" facility, bidder shall, have serviced
a Class `B" administrative type property having at least 20,000 square feet.
Class C
Class "C" buildingshave occupants requiring functional space at property values below the average for the
area. These buildings are typically older and exhibit conditions of deferred maintenance and functional or
economic obsolescence. For example, a building's style, ceiling height, door heights, or window mullion
spacing may be obsolete. A change outside of the building may create a condition of economic
obsolescence, that is, when a reduction in value is caused by negative influences outside the site. A new
roadway or interstate, for instance, could divert traffic patterns away from the project. Area demographics
may also change, snaking the building less desirable.
To be considered to quote on a Class "C" facility, bidder shall have serviced a Class "C"
administrative type property having less than 20,000 square feet.
NOTE: Proof of experience in the above described building classifications (Cast A B and ) mtTct
be demonstrated in the required Letters of Reference,
2.13. SERVICE DELIVERABLES
The successful bidder(s) shall provide services during the frequency, as indicated in Section 3.0,
Specifications, for each location.
2.14, PERFORII'I AYCE
The contractor shall be fully responsible for performing all the work necessary to meet City standards in a
Invitation for Bid (IFB) 106061,9
safe, neat, and good workmanlike manner; using only generally accepted methods in carrying out the wort:
and complying with all federal and state laws and all ordinances and codes of the City relating to such
work.
2.15. PERSONNEL
Bidder shall be deemed to represent that it has, or will have upon the award of the contract, all necessary
personnel required to perforin all services arising fion; the award of the contract. All personnel employed
shall be employees of bidder.
All the services required herein shall be performed by the successful Bidder, and all personnel engaged in
performing the services shall be qualified to perform such services.
Bidder shall have the capability to provide the required personnel at all times to perforin to all the
specifications of this IFB. This shall include holidays and weekends when required, and the ability to
immediately backfill any regularly scheduled personnel who fail to report for their normal work tour. Wher
work is required for a nonscheduled period, the City will give the successful Bidder at least two (2) days
advanced notice unless deemed an emergency. Temporary/backfill daytime personnel and night shift
supervisor will have the ability to effectively communicate in English. Any temporary backfill person, day
or night shift, must pass the security / background check as prescribed elsewhere in this IFB.
All personnel of the successful bidder must bg covered by A orkmeri's Compensation. Unemployment
Compensation. and Liability Insurance. a copy of which is to be provided to the City. Refer to Section
2.11 for specific insurance requirements.
2.16. BACKGROUND INVESTIGATION
At the sole discretion of the City, employees of the contractor shall be subject to a background check
performed by the City of Miami Police Department prior to assignment to a Cit; facility. The contractor
shall famish, upon notification of award of bid, a list containint the names of, and other requested
information about the employees who will be performing the work required, to the Police Department upon
request. This investigation shall be performed by the Miami Police Department at no cost to the successful
bidder.
Reauirement for Work Within Police / Parks S Rerreation epartment Facilities
All contractors' employees assigned to the Miami Police Department and/or the Parks & Recreation will be
subject to a mandatory background check in accordance with F.S.S.1012.465-Jessic2 Lunsford Act_
All checks will be performed by the Miami Police Department prior to any assiortrnent at the police
station, sub -station and/or mini- station work site. The contractor shall furnish, upon notification of
awarded bid, a list containing all the names, date of birth, social security number and copy of the
employees' valid Florida driver license and/or Florida Identification Card and any other requested
information. This background investigation will be performed by the Miami Police Department at no cost
to the successful bidder.
2.17. EMPLOYEE IDENTIFICATION / MONITORING OF WORK
Successful Bidder's employees will at all times wear, in plain view, identification badges and uniforms
issued to them by their employer. Successful Bidder's employees will also sign -in and sign -out as required,
at a specific location desijnated by the Contract Administrator, at both locations to ensure work in
accordance with specifications was performed on a daily basis.
2,18. APPAREL
Successful Bidder's employees shall wear appropriate clothing at all times to include shirts / uniforms with
the successful Bidder's logo affixed. Shoes (footwear which fully covers and protects the entire foot) shall
be worn at all times as well. Shorts, tom and/or dirty clothing, cut-off t -shirts, and the like; alone with
clothing with unacceptable verbiage as determined by the Contract Administrator, shall not be worn.
Invitation for Bid (IFB) 10606],9
2.19. MINIMUM WORK
The specification requirements cited in this IFB are a minimum and as such, are not intended to limit the
successful Bidder's requirements to perform all work to the best of his or her ability in an acceptable
manner.
2.20. LABOR, SUPERVISION, MATERIALS, AND EQUIPMENT
The Contractor shall furnish, at his/her own expense, all labor, supervision, equipment, materials, supplies,
and other equipment necessary for satisfactory completion of all the services as specified in this IFB. All
equipment shall be maintained in an efficient and safe operating condition while performing wort: under the
contract. Equipment must have all proper safety devices required by law which shall be properly
maintained and in use at all times. To this regards, the City reserves the right to request a list of such items
for approval of use. It may require a change of designated items) that are deemed by the City as unsafe or
which may create an uncomfortable environment and/or servicc to City employees or patrons.
2.21. FAILURE TO PERFORM
Should the Contractor fail to perform in full accordance, at any time, with the specifications as cited in this
IFB, Contractor may be determined to be in default of the Contract. Contractor shall be required to have
sufficient supplies and other equipment on hand to supply facilities at the same time, and failure to have
sufficient equipment, supplies, and materials, at all times shall be grounds for default. At no time shall the
Contractor be paid for any day that his/her personnel fail to show up at a facHity(s), or fail to perform in
full accordance with the specifications and to the satisfaction of the Contract Administrator. Should this
occur, the City should deduct liquidated damages as indicated under said provision. Should the Contractor
fail to perform in accordance with the Contract, as determined solely by the City, the City shall make the
determination to deem the Contractor in default. The City shall be the sole judge of non-performance,
failure to perform, and default of Contract. The date of termination shall be stated in the written notice.
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, and in addition to other
determinations of default, the City reserves the right to declare Contractor in default, make appropriate
reductions in the contract payment, and cancel the contract.
2.22. INVOICING
The City's Finance Department requires that original invoices be forwarded to a prescribed address as
denoted in every Purchase Order, However, Contractor shall forward a hardcopy of any original invoice to
the Contract Administrator and a copy to the designated liaison at the facility.
Invoice must have the following information as a nummum:
Description of service or items purchased.
Unit and total costs.
Purchase Order Number
Address of the facility(ies) in which the services related to the invoice were performed
Address and phone number of Contractor/Vendor
Invoice number
Time period of service
2,23. METHOD OF PAYMENT
Payment will be made in thirty (30) days arrears for services rendered the previous month, upon
submission of properly certified/approved invoices or inspection reports. All such information shall be
provided to the Contract Administrator of the City facility serviced for his/her approval in advance of
pa}anent.
Pale 52 of 107
The City will pay the contract price minus any liquidated damages and/or other damages to the Successful
Bidder upon final completion and acceptance. Damages caused by Contractor's employees) shall be
estimated by the Contract Administrator and computed actual costs of repairs shall be deducted from the
Contractors total monthly billing(s).
Proven theft made by Contractor's employees shall result in the replacement of the identified item(s) and
all replacement costs shall be deducted from the Contractor's total monthly billing(s).
2.24. BID PRICE
Bidder shall include in bid price all taxes, insurance, social security, workmen's compensation, and any
other benefits normally paid by the bidder to its employees.
2.25. COMPLETED WORK
The City shall be notified by the Contractor upon completion of work. The City shall inspect and approve
completed work before authorizing payment. WDrk not satisfactorily completed shall be redone by the
Contractor at no additional charge to the City.
2.26. ADDITIONSIDELETIONS OF FACILITIESATEMSIPRODUCTS
Although this Solicitation identifies specific facilities/items/products to be serviced, it is hereby agreed and
understood that any facility/item#oducts may be added/deleted to/from this contract at the option of the
City. When an addition to the contract is required, the successful bidder(s) under this contract shall be
invited to submit price quotes for these new sen ices/itemsiproducts. If these quotes are comparable with
market prices offered for similar sen ices/itemsiproducts, they shall be added to the contract whichever is in
the best interest of the City and an addendum and a separate purchase order shall be issued by the City.
2.27. AUTHORIZATION TO PERFORM WORK OUTSIDE OF SPECIFICATION'S
A company official or authorized agent shall advise the Facility Contract Administrator when work other
that specified within the scope of work is required; with at least two (2) days notice. No work outside the
scope of work shall be conducted without prior approval of the Facility Contract Administrator. upon
completion of work, which is performed on a monthly, quarterly, semiannual, or annual basis, this
information shall be recorded in the Log.
2.28. CONTRACT ADMINISTRATORS
Upon award, contractor shall report and work directly with the Contract Administrator(s) for each group
listed below.
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Miami City Hall: Chuck Postis
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2.29, LEGAL HOLIDAYS
1. New Year's Day
2. Martin Luther King's Birthday*
3. Washington's Birthday*
4. Memorial Day
5. Fourth of July
6. Labor Dav
7. Columbus Day*
8. Veteran's Day*
9. Thanksgiving Day
10. Friday after Thanksgiving Day*
11. Christmas Day
*Dates as indicated shall not be considered legal holidays for Successful Bidder unless stated otherwise
within Section 3.4 (Additional/Detail Specifications per Facility)
2.30. SUPERVISION
In all Class "A" or Class "B" facilities, contractor shall assign one working "On Duty" Supervisor, as
required by the specifications, and provide the name and contact information in the designated section
within the bid. The assigned "on duty" supervisor shall make certain that service is provided according to
the site's specifications and submit inspection reports if required. Contractor shall also provide the name
and telephone number where the Contractor may be reached at any time for purposes of taking complaints
and receiving information as to daily contract performance. In the event the assi_aned Supervisor
demonstrates an inability to properly supervise his/her personnel as detenuined by the contract
administrator or his/her designee, then the contract administrator or his/her designee have the authority to
request the immediate dismissal of said Supervisor of his/her responsibilities at the facility and Contractor
is to assign another individual upon four (4) hour notice (if requested by the City) to supervise staff in a
satisfactory manner as determined by the contract administrator or his/her designee_ The City shall only be
liable for payment of the actual hours worked by said Supen,isor(s).
2.31. WEEKLY FX, VIEW' MEETINGS
At no additional expense to the City, the Contractor's owner (company president and/or owner) or other
officer or individual as approved by the Contract Administrator, will be available to meet with the Contract
Administrator, or a designated member of his staff, on a weekly basis for the purpose of reviewing the
performance of the contracted workforce and effecting what changes, if any, are necessary.
At no additional cost to the City, upon the need arising as determined by the Contract Administrator, the
Contractor's owner or designee will be available to meet with the Contract Administrator to discuss any
special problems or concerns. This individual will be available within one (1) working day upon
notification.
2.32. TIE BIDS
Whenever two or more Bids which are equal with respect to price, quality and service are received by the
City for the procurement of commodities or contractual services, a .Bid received from a business that
certifies that 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 drums free workplace program, a business shall:
(1) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing,
possession, or use of a controlled substance is prohibited in the workplace and specifying the action that
will be taken against employees for violations of such prohibition.
(2) Inform employees about the dangers of drug abuse in the workplace, the business' policy of
maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance
programs, and the penalties that may be imposed upon employees for drug abuse violations.
(3) Give each employee engaged in providing the commodities or contractual services that are under Bid a
copy of the statement specified in subsection (1).
(4) In the statement specified in subsection (1), notify the employees that, as a condition of working on the
commodities or contractual services that are under Bid, the employee will abide by the terms of the
statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any
violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation
occurring in the workplace no later than five (5) days after such conviction.
(5) Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or
rehabilitation program, if such is available in the employee's community, by any employee who is so
convicted.
(6) Make a -cod faith effort to continue to maintain a drug-free workplace through implementation of this
section.
2.33. LIQUIDATED DAMAGES
Bidder shall provide all services at the frequencies specified by the City for each location in Section 3.0,
Specifications. If the successful bidder(s) fails to deliver within the specified time frames, it is understood
that $25.00 of the bid price per calendar day per location not serviced will be deducted, as liquidated
damages.
2.34. DAMAGES TO PUBLIC/PRIVATE PROPERTY
The contractor shall carry out the work with such care and methods as not to result in damage to public or
private property adjacent to the work. Should any public or private property be damaged or destroyed, the
contractor, at his/her expense, shall repair or snake restoration as is practical and acceptable to the City
and/or owners of destroyed or damaged property promptly within a reasonable length of time. (Not to
exceed one month from date damage was done).
2.35. REFERENCES
Each bid must be accompanied by three (3) Letters of Reference, on company letterhead, from properties
being serviced at this time by Bidder or within the past three (3) years. Refer to Bidder's Minimum
Qualifications for specific requirement regarding the letters of reference.
2.36. FORCE MAJEURE
Except as otherwise expressly provided herein, neither party shall be considered in default in the
performance of its obligations hereunder to the extent that such performance is prevented or delayed by any
cause, existing or future, which is not within the reasonable control of such party including, but not limited
to, acts of God or public enemy, fire, explosions, riots, strikes (not including strikes of the Bidder's Staff
Personnel), or war. Notwithstanding the forthgoing, the failure of any of the Bidder's suppliers, or the like,
shall not excuse the Bidder's performance except that such failures are due to an), cause without the fault
and reasonable control of such suppliers, or the like, including but not limited to acts of God or public
enemy, fire, explosions, riots, strikes (not including strikes of the Bidder's Staff Personnel), or war.
2.37. REPORTING DAMAGES CAUSED BY THE SUCCESSFUL BIDDER AND PAYMENT
Any damage caused by the successful bidder shall be reported to the Contract Administrator either in
person or in writing. Successfu] bidder shall be responsible for paying for any and all damages of which
may be paid via a credit against monthly billing or by direct payment.
2.35. INDEPENDENT BIDDER
The Bidder is engaged as an independent contractor and agrees to periform the services in the manner of
and as an independent bidder. In accordance with the status ofan independent bidder, the Bidder covenants
and agrees that the Bidder will conduct itself in a manner consistent with such status; that the .Bidder will
neither hold the City out as, not claim to be an officer or employee of the City for any right or privilege
applicable to an officer or employee of the City, including, but not limited to worker's compensation
coverage, unemployment insurance benefits, social security coverage or retirement membership or credit.
The Bidder's Staff Personnel shall not be employees of the City, and the Bidder alone shall be responsible
for their services, the direction thereof, and their compensation and benefits of any kind. Nothing in this
contract shall impose any liability on the City on account of its acts, omissions, liabilities or obligations, or
any person, firm, company, agency association, corporation, or organization engaged by the bidder as an
expert, consultant, independent bidder, specialist, trainee, employee, servant or agent for taxes of any
nature, including, but not limited to unemployment insurance, workers compensation and
anti -discrimination or services place legislation of any kind and the Bidder agrees to indemnify and hold
hannless the City against any such liabilities, even if they arise from actions directed or taken by the City.
2.39. SAIOKiNG AND UNSAFE ACTS
All City of Miami facilities are nonsmoking facilities. Safety is a primary concern of the City, and as such,
no unsafe acts will be tolerated. Unsafe acts, such as smoking in the facility, will be grounds for immediate
termination of the Contract.
2.40. SAFETY
Successful Bidder shall provide the Contract Administrator with Material Safety Data Sheets on all
chemical products, which will be introduced to the City prior to their actual use. The successful Bidder
shall be responsible for its equipment with regards to safety and security and, as a minimum, shaIl ensure
the following: v
fill persorvrel are properly 17-ained in the 1/se nfequipmeni and chemicals.
?roper signage is emplo}led when cleaning (e.g.: doors wet, etc.).
Traffic cones, m• like devices, are properly placed when extension or pma'er cards and other such hems are
in use.
Ail emplwees are phvsically capable of performing all the required tasks io include being able io see/hear
xritli no d .ficuln� all_fire alarmis artd be able to understand verbal direcripas rnith regards io evacunring the
Center in emergence situations and how and when to sound an alarrrn.
Develop o plan io ensure personnel are accounied,for- in the event ofan emerganci-.
2.41. ADDITIONAL EQUIPMENT/ TOOLS
Successful Bidder shall provide all equipment and tools, including safety cones and signage, to perform
the required and directed wort: of the requirements specified in this IFB. All equipment must be in
satisfactory condition at all times and unsafe or questionable equipment will be immediately removed from
the property. Janitorial/maintenance-related cans will be equipped with rubber bumper guards for the
purpose of precluding damage to, or marking of walls and other surfaces.
The Contractor will provide, at its expense, means of communication (pagers, two-way radios, cell phones,
etc.) for the night-time janitorial supervisor, and when effected, for any and all day -time janitors and
night-time garage cleaning janitor(s). Communication equipment, while applicable employees are engaged
in services under the provision of the Contract, will be "on." The Contractor will be responsible for the
maintenance and battery replacement for any such equipment, ensure all are in proper working condition on
a daily basis, and provide the Contract Administrator with a list of contact numbers for all communication
equipment in use. List will be updated upon phone numbers changing.
2.42. WATER EXTRACT]ON
The successful Bidder shall provide emergency/routine water extracting capability. Successful Bidder shall
keep on-site at all time extraction machines (not less than one) capable of displacing/picking up large
quantities of fluids in a timely manner and also have on hand high velocity blowers (not less than two) for
the purpose of drying out carpeting. Successful Bidder shall ensure that all janitorial personnel are
well -versed in the safe and efficient operation of all extraction/blower equipment.
2.43. SANITARY NAPKIN DISPENSER
Napkin purchase is the responsibility of the Contractor as is the filling of the dispensing machines. The
security and collection of monies deposited into the dispensers are also the responsibilities of the
Contractor.
2.44, RESPONSIBILITY FOR FACILITY ACCESS CARDS
The Contractor, upon being issued one (1) or more access cards for their employees for the purpose of
gaining access to specified areas; is responsible for the same. It will be the responsibility of the contractor
to collect the access cards froth employees who are no longer assigned to work in any of the City of Miami
facilities, as listed herein; and turning thein into the Contract Administrator.
2.45. INVENTORY OF EQUIPMENT
The contractor shall maintain an inventory of equipment to be kept on site and submit a copy or
subsequent updates of the same to the designated Contract Administrator to their respective facility(s). This
inventory shall be utilized to verify equipment leaving the facility(s) for whatever reasons, including such
times as the contract is terminated.
2.46. QUALITY OF ',FORK
All work shall be performed using superior maintenance standards and techniques. The frequencies
established for repetitive maintenance tasks are mininmm frequencies, which must be increased if deemed
necessary and requested by die City. Failure to perform under the terms and conditions of this contract will
cause the contract administrator to submit a Vendor Performance Fonn to the Purchasing Department for
follow-up. Receipt by the Purchasing Department of three (3) Vendor Performance Fon-is indicating poor
performance may be grounds for default of contract and subject to Provision 2.49 (Tennination) of this
IFB.
2.47. STORAGE AREAS
The janitor closets or similar storage areas designated by the Contract Administrator which may be
available and utilized by the Bidder shall be kept clean and tidy at all times. All containers are to be kept
properly sealed and labeled according to existing Dade County and/or OSHA requirements. All exposed
liquids are to be discarded immediately. All cleaning materials and supplies are to be so stored as to
minimize the possibility of spontaneous combustion.
2,48. SCAVENGING
Scavenging by any of the Contractor's personnel is prohibited and the Contract Administrator may require
removal from employment within his/her assigned facility, any employee who scavenges.
2.49. INSPECTION
At all tunes during the Contract, the Contract Administrator shall have the right to make the most thorough
and minute inspection of the services rendered, including materials, replenishment of supplies and
equipment used, and to draw the attention of the successful Bidder to all defects in workmanship, materials
or other errors or variations from the Contract requirements.
The right of inspection herein provided is intended solely for the benefit of the City, Neither the right of
inspection nor the any failure to draw attention to or point out such defects, errors or variations shall give
the successful Bidder any right or claim against the City or shall in any way relieve the successful Bidder
from its obligations under the term of this contract.
If the Services or any part thereof shall be found to be non -conforming, the successful Bidder shall without
cost to the City forthwith remedy such non-conformance in a manner to comply with the Contract.
The successful Bidder shall at all times make available to the Contract Administrator and/or designee, all
facilities necessary for the inspection of the services rendered. The Contract Administrator and/or designee
shall be permitted to inspect materials, equipment and supplies as needed.
Any inspection hereunder shall not reasonably disrupt the Bidder's performance of the services.
2.50. TERMINATION
A. FOR DEFAULT
If Contractor defaults in its performance under this Contract and does not cure the default within 30 days
after written notice of default, the City Manager may terminate this Contract, in whole or in part, upon
written notice without penalty to the City of Miami. In such event the Contractor shall be liable for
damages including the excess cost of procuring similar supplies or services: provided that if, (1) it is
determined for any reason that the Contractor was not in default or (2) the Contractor's failure to perform is
without his or his subcontractor's control, fault or negligence, the termination will be deemed to be a
termination for the convenience of the City of Miami.
B. FOR CONTVENIENCE
The City Manager may terminate this Contract, in whole or in part, upon 30 days prior written notice when
it is in the best interests of the City of Miami. If this Contract is for supplies, products, equipment, or
software, and so terminated for the convenience by the City of Miami the Contractor will be compensated
in accordance with an agreed upon adjustment of cost. To the extent that this Contract is for services and so
terminated, the City of Miami shall be liable only for payment in accordance with the payment provisions
of the Contract for those services rendered prior to termination.
2.51. GIFTS
It is the City's strict policy that City employees are not to receive gifts of any kind for any reason,
regardless of value, from any Contractor / Vendor. As such, the successful Bidder or any employee of the
same will not give or attempt to give, any gifts to any city employee.
2.52. EMERGENCY AND CONTACT INFORMATION
The Contractor will provide the City with evening, weekend, and holiday service, as necessary, to cope
with an emergency situation which threatens public health and safety, as determined by the City.
The Contractor will provide Phone Number and Fax Number for twenty-four (24) hours, seven (7) days a
week, facsimile communication.
Furthermore, the Contractor shall have available an individual to answer telephone communications during
normal working hours (Monday thru Friday), and an answering machine for occasions that an individual is
not available. Bidder(s) shall be aware of the possible loss of business due to the bidder being unavailable.
2.553. PRIMARY CLIENT (FIRST PRIORITY)
The successful bidder(s) a¢ree upon award of this contract that the City of Miami shall be its primary client
and shall be serviced first during a schedule conflict arising between this contract and any other contract
successful biddm(s) may have with any other cities and/or counties to perform similar services as a result of
any catastrophic events such as tornadoes, hurricanes, severe stones or any other public emergency,
impacting various areas during or approximately the same time.
2.54. USE OF ENVIRONMENTALLY PREFERRABLE PRODUCTS
The City has implemented Environmentally Preferable Purchasing Initiatives to address certain
environmental and health concerns associated with the use of some cleaning services and products.
Environmentally Preferable Purchasing is a new approach to janitorial services to offer better
environmental performance and improved worker health and safety, while retaining the same sanitation
quality as traditional, more chetnical-intensive methods.
Accordingly, the vendor shall use general-purpose cleaners, floor cleaners, bathroom cleaners, glass
cleaners, and carpet cleaners; and floor finishes and floor strippers which are either:
certified by Green Seal, Standard for Industrial and Institutional Cleaners (GS -37) and Floor Care
Products (GS -40) (certified products are listed at
http://-vNrmmt.greenscal.org/findaproductfindex.cfln)
or
recognized by the U.S. Environmental Protection Agency's (EPA) Design for the Environment
Program (DfE) as Industrial f Institutional Cleaning Products, Cleaners and Floor Care products
(recognized products are listed at
http://wwFti .epa.gov/dfe/pubs/prof ects/formulat/formp art. h tm).
Furthermore, the vendor shalt actively seek to use other enviromnentally preferable products, elsewhere in
conjunction with the contract services, which meet "d een" standards established by the EPA (refer to
1Am,w.epa.gov) — products that have a lesser or reduced impact on human health and the environment than
other products that perform the same function.
As part of its bid package, the vendor shall submit a list of all chemicals intended for use in the
performance of this contract, the intended use of the product, and whether the product is Green Seal or DfE
certified. In addition, the vendor shall submit a Material Safety Data Sheet for each chemical. In the event,
that any new product is introduced during the course of this contract, the vendor shall submit all of the
above information for on), new products.
Paper products, such as toilet tissue and paper towels; provided by the vendor shall be manufactured using
recycled materials. Plastic trash can liners shall contain a minimum of 10% post -consumer recycled
content. In addition, the vendor shall use quality and effective cleaning products and methods to meet the
requirements herein.
As part of its bid package, the vendor shall submit a list of all paper products and trash liners intended for
use in the performance of this contract, the percentage total recycled content, the percentage post -consumer
recycled content, and whether the product is Green Seal certified. In the event, that any new product is
introduced during the course of this contract, the vendor shall submit all of the above information for any
new products.
Failure to provide all documentation required under this Special Condition at the time of bid
submission may result in being deemed non-responsive.
For questions regarding the use of environmentally preferrable cleaning products, please contact.
Mr. Glen $adwen
Environmental Probrams Manager
Cite of Miami Office of Sustainable Initiatives
Phone: 365416-1522, Fax: 305-416-1505
ghad iven,4_oiniamigov. colt -
2.55. 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 desigtt, 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 sianatum affixed to the bidder's acknowledgment form attests to this.
2.56. SUPPLIES
The Contractor shall furnish all supplies to include toilet paper, hand towels, garbage can liners, bathroom
fresheners, and hand soap needed in order to fully maintain all locations except those listed below. These
supplies must be compatible with dispensers at the facilities.
It is estimated that during the months of June, July and August, the amount of supplies needed will double
in all Parks and Recreation (Group 5) locations.
Contractor shall not provide the previously inentioned supplies to the following facilities:
(a) Dinner Key Marina
(b) Miamarina at Bayside
(c) Marine Stadium Marina
3. Specifications
3.1. SPECIFICATIONS/SCOPE OF WORI{
3.2. BACKGROUND
The City of Miami is seeking bids from qualified firms or entities (herein referred to as "Bidders") for
engagement to perform all custodial services, including the provision of all labor, supervision, cleaning
supplies, paper products including toilet paper and hand paper towels, garbage can liners, hand soap, and
any other materials necessary for the complete servicing of all facilities in accordance with the following
specifications.
Any and all products utilized throughout all facilities in the performance of successful Bidder's
responsibilities shall be of sufficient quality to effectively perform all duties. Failure to provide paper
products or other supplies of at least a minimal quality may be deemed insufficient by the Contract
Administrator and shall be replaced by other product(s) when required.
Failure to comply with these minimum requirements during the Contract term may result in the
termination of the Bidder's contract with the City; the City may, however, at its sole discretion permit a
bidder to remedy the deficiencies.
3.3. DEFINITIONS
Common House Services/Janitorial Definitions (including but not limited to):
a. Anti -Static: Process of treating surfaces to eliminate static electricity.
b. Bonnet Clean: Carpet maintenance using yam bonnet attached to floor machine.
c. Buff: Polishing with a nylon pad.
d. Damp Wipe: Remove all surface dirt with a damp cloth.
e. Dust: Remove all loose dirt and debris from a given arearsurface. Treated cloths shall be used in
telephone equipment rooms and similar areas. Laundered -type or disposable treated cloths shall be used in
other areas.
f Dust High: Dusting above eye level.
a. Dust Mopping: Sweeping procedure with short stringed dust mop. Empty and remove contents and wipe
interior and exterior with damp cloth to remove all dust
h. Damp Wipe: dirt, and smudges. (Includes wash, clean, and rinse).
i. Water Extraction: One method of deep carpet cleaning — use of a device which applies a hot or cold
solution under pressure and removes same with a vacuum process in a one-step operation.
j. Mop Damp/Wet: Remove all surface dirt and stains with a cotton mop and wann, clean water utilizing
an approved cleaning agent when required and then rinsing.
k. Police: Pick up debris and surface litter.
1. Polish: Apply approved polish and rub to a high luster with dry cloth.
in. Public Area: Any area jointly used by employees and/or the public. Also referred to as a common area
for the purposes of this contract. Normally a common area is any area used by all employees of a given
area or facility but not necessarily visitors and/or the public.
n. Scavenge: To salvage from discarded or refuse material.
e. Seal: Process applied to floors after stripping and prior to waxing for the purpose of making floors less
porous.
p. Shampoo: Cleaning application of carpet using approved shampoo -type product.
q. Spot Clean: Removal of fingerprints, stains smudges, gum, and marks from walks, walls, carpets, doors,
furniture, glass, floors, and fixtures.
r. Spray Buff: Buffing in conjunction with spray application of liquid to remove surface marks and
improve appearance utilizing a nylon pad and minimum moisture.
s. Strip: Completely remove accumulation of floor finish, surface dirt, stains, and marks.
t. Seal Refinish: with penetrating sealant by working in with floor machine. Apply polishing compound for
final touch up and buffing to a high luster fnish. Note; Trash'Wasle Receptacles will include all
receptacles (e.g.: trash, recycling, etc.)
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3.4.2. Group 2 - Class B Buildings - G.S.A. and Police Department
(il MIAMI Cln' HALL 3500 Pan American Drive Miami Florida 33133
LBACKGROUND
This facility is a Class `B" building and its total flooring consists of 27,650 footage, with 20,885 square
feet of carpeted surfaces; 6,535 square feet of terrazzo and tiled floor and 230 square feet of vinyl floor.
The outside terraces, concrete sidewalks and concrete patios are approximately 10,600 square feet. The bid
shall be based upon the building being at full capacity with regards to square footage, occupants, and
visitors. For all responses to this IFB, Bidder shall compute costs based on a daily figure of 27,650 square
feet, containing approximately 50 occupants, and an estimated 150 daily visitors. The normal business
hours for the above occupants are from 8:00 a.m. through 6:00 p.m., Monday through Friday, excluding
weekends and Holidays. Wort: by employees after hours, weekends, and/or holidays can be anticipated.
Successful Bidder shall bill the City on a monthly basis for the cost of day ire personnel and after hours
or weekends according to the scope of work. Successful Bidder shall also provide the Miami City Hall with
all supplies and paper products according to specifications.
Successful Bidder shall be required to maintain all exterior sites of the Miami City Hall. These
responsibilities include the policing and picking up of all litter and trash in the parking area.
II. HOURS OF OPERATION
Daytime hours shall be denoted as those hours between 8:00 a.m. to 6:00 p.m. Janitorial personnel will not
be required to work on holidays observed by the City.
See Special Conditions Section 2.22 for a list of holidays observed by the City.
III. PHYSICAL REQUIREMENTS
All Janitorial personnel must have the physical strength to perform the requirements as specified in this
1FB in a safe and timely manner. All personnel shall also be competent in the skills required to perforin all
requirements of the Contract.
The minimal physical / language requirements for daytime janitors are as follows: a. Sustained and heavy
physical activity. b. Properly lifting a fifty (5.0) pound carton from the ground to chest level, walking fifty
(50) feet, and then properly sitting down the carton the ground. c. Without breathing difficulty and other
physical limitations, climb stairs and return to the ground level without stopping.d. Without difficulty,
carrying a 24 -foot extension ladder a distance of fifty (5 0) feet, setting same up by properly extending
ladder to its maximum height, climbing to a point where the top rung can be touched, and returning to the
starting point. e. Readily discerning the colors of red, green, and _yellow / amber.f. Speaking, reading, and
writing English without difficulty.
Bidder shall be required to provide all cleaners, paper products, and all other supplies necessary to perform
all requirements of this IFB throughout the tenn of the Contract. Successful bidder must provide equipment
necessary to dust higher-level window mullions and remove spider webs on a daily basis. Equipment is to
remain on the property at all times for the duration of the, contract. Bidder is advised not to underestimate
the City Hall requirements whet; providing its bid, as this is a critical area of importance and its subsequent
upkeep is of primary concern. The following shall consist of the minimum standard requirements for
providing all the services as indicated in this FB during daytime hours on a daily basis.
IV. SPECIFIC AREA REQUIREMENTS: A. LOBBY (1ST FLOOR, 2ND FLOOR AND ALL
COMMISSION CHAMBERS)
1. Clean all glass of smudges and fingerprints up to eight (9) feet high on a daily basis (includes lobby
display case, picture frames, and signage displays.
2. Polish all hardware on a daily basis.
3. Dust and spot clean security guard's desk.
4. Dust mops all hard surfaces on a daily basis.
5. Vacuum and spot clean all carpeting on a daily basis.
6. Empty all trash and recycling receptacles and replace all liners; wash if required on a daily basis.
7. Clean and polish all drinking fountains and telephone housings and telephones on a daily basis.
8. Police area and rearrange furniture on a daily basis.
9. Dust all television and television platforms and support brackets on a daily basis.
10. Vacuum and spot clean all furniture on a daily basis.
11. Edge vacuum (using crevice tool) and clean all baseboards on a daily basis.
12. Machine buff all hard surfaces on a daily basis.
13. Fully clean all glass entrance doors, inside and outside, on a daily basis.
B. HALLWAYS (MAID' AND SECONDARY)
1. Vacuum and spot clean all carpeting on a daily basis.
2. Spot clean all walls; doors, glass, horizontal, and vertical surfaces and remove spider webs on a daily
basis.
3. Empty all trash and recycling receptacles and replace all liners; wash if required, on a daily basis.
4. Clean and polish all drinking fountains on a daily basis.
5. Busts mop all hard surfaces on a daily basis.
6. Vacuum edges (using crevice tool) and clean all baseboards as required on a daily basis.
C. ELEVATOR:
1. Clean and polish all elevator walls, doors, and panels both inside and out on a daily basis.
2. Damp mop elevator floor on a daily basis.
D. PARKING LOT AND OUTSIDE AREAS:
1. Police parking lot surface on a daily basis.
2. Empty all trash and recycling receptacles and replace all liners; wash if required, on a daily basis. Liners
not to be used for recycling containers.
3. Police all outside areas, to include the emptying of all trash and recycling receptacles, the replacement
of liners, and washing of the same if required, on a daily basis.
4. Vacuum all entrance area mats to the main facility on a daily basis.
E. REST ROOM AND KITCHEN:
1. Mop floors on a daily basis.
2. Sanitize and polish all fixtures on a daily basis.
3. Wash, disinfect, and polish all seat and seat bottoms on all commodes on a daily basis.
4. Disinfect all commode and urinal bowls reaching under the rims on a daily basis.
5. Clean all bright work and outside of conunodes, urinals, and dispensers on a daily basis.
6. Sanitize all sinks and all hardware using non-abrasive cleaners on a daily basis.
7. Spot wash all walls by sinks and splatter areas on a daily basis.
S. Spot clean all commode partitions and doors, inside and outside, on a daily basis.
9. Damp clean and polish all mirrors on a daily basis.
10. Clean all sink and sink hardware on a daily basis.
11. Wipe down all cofree pots, microwave ovens, and refrigerators on a daily basis.
12. Clean inside all microwave ovens and refrigerators, if applicable on a daily basis
13. Empty all trash and recyclina receptacles and replace all liners; wash if required, on a daily basis.
Trash shall not be mixed with recycling waste. Liners will not be used for recycling containers.
14. Refill all dispensers and replenish all paper supplies a daily basis.
15. Spot clean all trash and recycling receptacles on a daily basis.
F. STAIRWAYS:
1. Sweep on a daily basis (landings and stairs).
2. Damp mop on a daily basis (landings and stairs).
3. Wipe down handrails with an appropriate cleaner on a daily basis.
4. Dust tops of all light fixtures on a daily basis.
G. PAT)OS AND PLANTERS AREAS:
I. Sweep and damp mop all hard surfaces on a daily basis.
2. Police all the areas, both inside and outside, on a daily basis (includes rear and patio areas).
3. Empty all trash and recycling receptacles and replace all liners; wash if required, on a daily basis.
4. Spot clean all glass on a daily basis, as required.
5. Spot clean all horizontal and vertical surfaces on a daily basis.
6. Dust all light fixtures and vents on a daily basis.
7. Planters, as found adjacent to the outside of the building shall be policed for trash and garbage to
include cigarette butts and the like on a daily basis.
H.OFFICE AREAS AND OTHER AREAS NOT OTHERWISE SPECIFIED:
1. Vacuum, sweep, or mop on a daily basis
2. Empty all trash and recycling receptacles and replace all liners; wash if required, on a daily basis. Note:
All employees should have a trash receptacle as well as a recycling receptacle (cardboard container or tray,
plastic waste -type container, etc.). Recycling receptacles are to be emptied nightly and returned to the
employee's desk. Work areas in need of a waste receptacle will be furnished by Contractor. Contractor will
bill City, at a reasonable rate, for same on a monthly invoice. City reserves the right to accept or reject the
cost for said receptacle(s), and obtain same itself. Liners will not be used for recycling containers.
3. Spot clean all trash and recycling receptacles on a daily basis.
4. Spot clean all carpeting and hard surfaces on a daily basis.
5. Spot clean all vending machines on a daily basis.
6. Clean and polish all vending machine surfaces on a daily basis.
7. Vacuum all edges (using crevice tool) and clean baseboards on a daily basis.
8. The following shall consist of the minimum standard requirements for providing all the services as
indicated in this IFB to be performed on weekends or after dayrtime hours. V
9. The supervisor or company official shall advise the Superintendent of Property Maintenance when other
than daily specifications are being addressed with at least two (2) days notice. Upon completion of work,
which is performed on a monthly, quarterly, semiannual, or annual basis, this information shall be recorded
in the Log.
I. LOBBY (1ST FLOOR, 2ND FLOOR AND ALL COMMISSION CHAMBERS
1. Spot clean all I st level horizontal and vertical surfaces and remove spider webs on a weekly basis
(spider webs are to be removed from all inside surfaces Levels 1 and 2).
2. Bonnet clean all carpeting on a monthly basis.
3. Deep clean, using the hot water extraction method, all carpeting on a quarterly basis (includes entrance
mats).
4. Machine buff all hard surfaces on a weekly basis.
5. Granite restoration and crystallization will be done on the first floor lobb}, at least once per year or when
necessary or when requested by the Contract Administrator using the following process:
Shall use a 60-grit diamond, to eliminate scratches and worn areas.
Shall use a repetitive process with the following diamonds gnts: 120, 220.400, 800, 1000, 1500, and
3000-grits, to smooth out the granite and give it a natural gloss.
6. Granite crystallization will be done on the first floor lobby at least once pe, month or when necessary or
when requested by the Contract Administrator using the following process:
Shall thoroughly sweep the entire floor.
Shall buff floor using a #2 grade steel wool pad along with a crystallization fluid.
Shall buff floor using a #0 grade steel wool pad.
Shall thoroughly sweep the entire floor to remove all the steel wool particles.
These tasks to be completed within first thirty (30) days after the start of the Contract.
J. HALLWAYS (MAIN AND SECONDARY)
J. Bonnet clean all carpeting on a monthly basis.
2. Dust all light fixtures and vents on a quarterly basis.
3. Deep clean, using the hot water extraction method, all carpering on a quarterly basis.
4. Machine buff all hard surfaces on a weekly basis.
K. ELEVATOR;
1. Machine scrub elevator; floor on a monthly basis.
2. Clean all thresholds (metal runner between cab floor and lobby floor) on a weekly basis.
3. Strip and refinish elevator floor on a quarterly 'oasis. This task to be completed within first thirty (30)
days after the start of the Contract.
L. PARKING LOT AND OUTSIDE AREAS:
1. Deep clean or exchange all entrance area mats to the main facility on a monthly basis.
2. Spot clean all doors of the main lobby, both inside and outside, and all doors of the main facility on a
monthly basis.
M. RESTROOM AND KITCHEN:
1. Fully wash all walls, partitions, and doors (ensure commode partition door is closed from inside to
ensure same is properly washed) on a weekly basis.
2. Machine-scrub all floors on a monthly basis.
3. Clean all comers and baseboards on a monthly basis.
4. Dust all light fixtures and vents on a quarterly basis.
5. Strip and refinish all floors on a quarterly basis (first stripping to take place within first month of
implementation of Contract).
N. OFFICE AREAS AND OTHER AREAS NOT OTHERWISE SPECIFIED:
1. Vacuum and spot clean all furniture on a weekly basis.
2. Dust all vertical and horizontal surfaces on a weekly basis.
3. Dust all blinds on a monthly basis.
4. Machine-scrub all hard surfaces on a monthly basis.
5. Bonnet clean all the carpeting on a monthly basis.
6. Deep clean, using the hot water extraction method, all carpeting on a quarterly basis.
7. Dust all light fixtures and vents on a quarterly basis.
S. Strip and refinish all floors on a quarterly basis. First stripping to take place within first month of
implementation of Contract.
9. Complete inside cleaning of all windows and office area windows on a quarterly basis.
Note: Employee's desks to be dusted as practically possible - items left on desk by employees (e.g.: papers,
equipment, etc.) are not to be moved. Employee's personal items are not to be dusted or cleaned. A
sufficient number of persomlel are required to perform all the terms and conditions of this IFB on a daily
basis, Monday through Friday and wort: scheduled for after hours and weekends minus holidays for the
Contract period, to include providing all supplies and paper products for the Miami Ciry Ball. One ()) ,
individual will serve in the capacity of On -Site Supervisor to manage the daily crev, . This individual's
responsibility shall be to supervise and as such, may be involved in the hands-on janitorial functions only if
it does not interfere with his/her supervisory duties as determined by the contract administrator. An On -Site
Supervisor will be required on Saturdays, Sundays, and holidays for scheduled monthly, quarterly, and
annual work as determined by the Contract Administrator. He/site will be available via telephone on an
immediate basis and this individual shall be able to communicate effectively with the Superintendent of
Property Maintenance or his representative. The On -Site Supervisor shall have the capability to effectively
communicate in English with the Superintendent of Property Maintenance or his representative both
verbally and in writing. *The supervising individual shall denote all deficiencies observed, noted, or
encountered in a House Services/Janitorial Log (hereinafter referred to as the "Log"), Deficiencies shall
include not only house services/janitorial related items, but also anything of importance or interest that
he/she deems necessary to advise the Superintendent of Property Maintenance. These deficiencies shall
include, but not be limited to, such items as problems with doors/locks, elevators, plumbing, lights,
windows, etc. The Superintendent of Property Maintenance will provide the Log and the instructions for its
use.
IV. SAFETYAND ENERGY CONSERVATION:
Night shift custodial personnel shall, upon completing their tasks on a daily basis, perform the following:
1. Turn offal] light switches / desk lamps
2. Turn off all appliances. If unable to turn off, same will be unplugged - computers, fax machines,
printers, and other related office equipment is not included. Common applicable items would include
radios, water fountains and other decorative items, coffee pots, and the like.
3. Close all doors and, if possible, lock.
4. Denote damage / defects (damage to walls, bunt out bulbs, broken water pipes, defective door hardware,
etc.).
5. IAoliday decorations will be unplugged.
V. SUPERVISION OF PERSONNEL:
Daytime personnel shall be supervised by the custodial supervisor.
N'LINV DICING:
The City's Finance Department requires that original invoices be forwarded to a prescribed address as
denoted in every Purchase Order. However, Contractor shall forward a hardcopy of any original invoice to
the Superintendent of Property Maintenance at the following address: Superintendent of Property
Maintenance GSA/Property Maintenance Division 1975 NW 12 Avenue Miami, Florida 33136
VILLABOR AND WORK HOURS
The City may utilize one (1) or more daytime janitors or none at all and the hours per day and days per
week to be worked, if applicable, will be established at the onset of the Contract - the requirements for
same may change at any given time. For the purposes of this bid, the bidder will provide a yearly quote for
one (1) daytime Janitor based on a 250 day per year, at eight (8) hours per day, Monday thru Friday
(excluding established holidays). In the event of a change, a ten (10) working day notice will be afforded.
The City may use any schedule denoted below and will provide a ten (10) working day notice in the event
of a change. Also, for the purposes of this bid, regular hours will be defined as any single hour or block of
hours not to exceed ten (10) hours per day / forty (40) hours per week. Blocks of hours, to possibly include
split shifts, will be established by the City and can be any day or days of the week not exceeding forty (40)
hours per week. Overtime hours will be defined as any hours worked beyond the tenth (10th) hour in a
single day or forty (40) hours in a week. Daytime janitors, when and if utilized, fall under the responsibility
of the vendor but will be supervised by the Superintendent of Property Maintenance or a designee.
Labor required to meet all specifications and conditions of Contract to include but not limited to: all
personnel; products; equipment; and supplies (including but not limited to: soap; paper towels; toilet paper;
toilet seat covers; cleaning chemicals; buffing pads, buffers; vacuum cleaners; extraction equipment; fans;
traffic cones; safety signs; buckets; equipment needed to reach high-level areas; etc.); emptying of all waste
and recycling containers, dusting all work surfaces and window led -as, vacuuming of all useable
(common) areas daily; and deep cleaning of carpeted areas, scrubbing and/or stripping of tile areas, and
buffing of other areas as provided for in this bid package. 'dill include common areas of parkin, lot and all
applicable outside areas.
For the purposes of this bid., nighttime hours will be any hours iron; 5:00 p.m. through 6:00 a.m., Monday
through Friday. Nighttime personnel will br the responsibility of the vendor and supervised bbl the vendors
nighttime supervisor. Quotes will b:,• based on a 2-50-day year_
ATTACHMENT B
COMPENSATION
13
PSA-BidWaiver(CustodialServicesHopeCenter) .docxx
Marcos, Glenn
From: Juan Ordonez [Juan.Ordonez@hopecentencc.org]
Sent: Wednesday, October 28, 2009 4:49 PM
To: Marcos, Glenn
Subject: RE: JANITORIAL CONTRACT CITY OF MIAMI CITY HALL
Attachments: 20091028163258978. pdf
Glen:
Pursuant to our phone conversation of some minutes ago, this is to confirm that upon confirmation from our superiors
at UCP, Hope Center acknowledges that based on your confirmation that Hope center will not be required to pay its
consumers at the living wage rate of 11.21/hr, it will be able to continue servicing the City of Miami City Hall site at the
revised amount of $4,679.61 per month (equivalent to the bid given by Vista). For your review, we have attached our
Cost Estimate for the City Hall Job reflecting this.
We wish to take this opportunity to thank you for your assistance in resolving this issue with a positive outcome so as to
achieve the main goal of Hope Center, providing handicapped personnel with meaningful employment.
Sincerely
Juan Ordonez
Accounting/Flnancial/Hunzan Resources
Juan.Ordonez@hopecenterhc.org
Ext 1819
From: Marcos, Glenn [mailto:GMarcos@miamigov.com]
:Sent: Wednesday, October 28,20091:18 PM
To: Juan Ordonez
Cc: Aileen Phelan
_Subject: RE: JANITORIAL CONTRACT CITY OF MIAMI CITY HALL
Juan:
Here is the letter sent to Vista removing City Hall from the Bid Contract. Shortly, I will be forwarding the letter sent by
Vista to the City conceding Miami City Hall.
Respectfully,
Glenn Marcos, CPPO,CPPB, FCPM, FCPA
Chief Procurement Officer
444 SNS 2nd Avenue
Miami, FL 33130
Phone: (305) 416-1910 PC Fax: (305) 400-5167
E -Mail Address: gmarcos(o—
,ci.miami fl. us
Visit our website: www ". ci. miami fl. us/procurement
oil
CONFIDENTIAL COMMUNICATION
The infonnation contained in this transmission may contain privileged and confidential information. It is intended only for the use of the
person(s) named above. If you are not the intended recipient, you are hereby notified that any review, dissemination, distribution, or
duplication of this communication is strictly prohibited. If you are not the intended recipient, please immediately contact the sender by
reply E-mail and destroy all copies of the original message. Thank you.
1
ATTACHMENT C
Insurance Requirements and Evidences of Coverages
To be attached at time of document execution
14
PSA-BidWaiver(CustodialServicesHopeCenter) .docxx
ATTACHMENT D
Provider's Corporate Resolution
To be attached at time of document execution
15
PSA-BidWaiver(CustodialServicesHopeCenter) .docxx
ATTACHMENT E
City Resolution No. , adopted , 2010
To be attached at time of document execution
16
PSA-BidWaiver(CustodialServicesHopeCenter) .docxx