HomeMy WebLinkAboutGeneral Terms and ConditionsINTENT: The General Terms and
Conditions described herein apply to the
acquisition of goods or equipment with
an estimated aggregate cost of
$25,000.00 or more.
1.1. ACCEPTANCE OF GOODS OR
EQUIPMENT - Any good(s) or
equipment delivered under this bid shall
remain the property of the seller until a
physical inspection and actual usage of
the good is made, and thereafter is
accepted as satisfactory to the City. It
must comply with the terms herein and be
fully in accordance with specifications
and of the highest quality. In the event
the goods/equipment supplied to the City
are found to be defective or does not
conform to specifications, the City
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
signed bid shall be considered an offer on
the part of the bidder; such offer shall be
deemed accepted upon issuance by the
City of a purchase order.
1.3. ACCEPTANCE/REJECTION —
The City reserves the right to accept or
reject any or all bids or parts of bids after
bid opening and request rebid on the
items described in the IFB. In the event
of such rejection, the Director of
Purchasing shalt notify all affected
bidders and make available a written
explanation for the rejection. The City
also reserves the right to waive any
irregularities or minor informalities or
technicalities in any or all bids and may,
at its discretion, re -bid.
1.4. ADDENDUMS— It is the bidder's
responsibility to ensure receipt of all
Addendums. Addendums are available on
the City's web site at
http://ci.miami. tL us.
1.5. ALTERNATE BID MAY BE
CONSIDERED - The City may consider
one (1) alternate bid from the same
Bidder for the same solicitation;
provided, that the alternate bid offers a
different product that meets or exceeds
the bid requirements. In order for the
City to consider an alternate bid, the
GENERAL TERMS AND CONDITIONS
Bidder shall complete a separate Price
Sheet form and shall mark "Alternate
Bid". Alternate bid shall be placed in the
same bid.
1.6. ASSIGNMENT - Contractor agrees
not to enter into subcontracts, or assign,
transfer, convey, sublet, or otherwise
dispose of this 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.
1.8. AUDIT RIGHTS AND RECORDS
RETENTION - The Successful Bidder
agrees to provide access at all reasonable
times to the City, or to any of its duly
authorized representatives, to any books,
documents, papers, and records of
Contractor which are directly pertinent to
this Bid, for the purpose of audit,
examination, excerpts, and transcriptions.
The Successful Bidder 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 immediate 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 items specified herein from the
successful bidder(s) at the contract
price(s) established herein, upon mutual
agreement between the successful
bidder(s) and any of the above listed
entities.
Each Governmental, not -for -profit or
quasi -governmental entity which uses a
contract(s) resulting here from, will
establish its own contract, place its own
orders, issue its own purchase orders, be
invoiced there from and make its own
payments, determine shipping terms and
issue its own exemption certificates as
required by the successful bidder(s).
1.10. AWARD OF CONTRACT:
A. The IFB, Bidder's response, any
addenda issued, and the purchase order
shall constitute the entire contract, unless
modified in accordance with any ensuing
contract.
B. The award of a contract where there
are Tie Bids will be decided by the
Director of Purchasing or designee.
C. The award of this Bid may be
preconditioned on the subsequent
submission of other documents as
specified in the Special Conditions or
Technical Specifications. Bidder shall be
in default of its contractual obligation if
such documents are not submitted in a
timely manner and in the form required
by the City. Where Bidder is in default of
these contractual requirements, the City,
through action taken by the Purchasing
Department, will void its acceptance of
the Bidder's Response and may accept
the Bid from the next most lowest
responsive, responsible Bidder or re -
solicit the City's requirements. The City,
at its sole discretion, may seek monetary
restitution from Bidder and its bid bond
or guaranty, if applicable, as a result of
damages or increased costs sustained as a
result of the Bidder's default.
D. The term of the contract shall be
specified in one of three documents
which shall be issued to the successful
Bidder. These documents may either be a
purchase order, notice of award and/or
contract award sheet.
E. The City reserves the right to
automatically extend this contract for up
to one hundred twenty (120) calendar
days beyond the stated contract term in
order to provide City departments with
continual service and supplies while a
new contract is being solicited, evaluated,
and/or awarded. If the right is
exercised, the City shall notify the
Bidder, in writing, of its intent to extend
the contract at the same price, terms and
conditions for a specific number of days.
Additional extensions over the first one
hundred twenty (120) day extension may
occur, if, the City and the Successful
City of Miami
Bid No. 04-05-123
Page 2
Bidder are in mutual agreement of such
extensions.
F. Where the contract involves a single
shipment of goods to the City, the
contract term shall conclude upon
completion of the expressed or implied
warranty periods.
G. The City reserves the right to award
the contract on a split -order, lump sum or
individual -item basis, or such
combination as shall best serve the
interests of the City unless otherwise
specified.
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, if so indicated
under Section 2,0 Special Conditions.
This check or bond guarantees that a
bidder will accept the order or contract,
as bid, if it is awarded to bidder. Bidder
shall forfeit bid deposit to the City should
City award contract to Bidder and Bidder
fails to accept the award. The City
reserves the right to reject any and all
surety tendered to the City. Bid deposits
are returned to unsuccessful bidders
within ten (10) days after the award and
successful bidder's acceptance of award.
If sixty (60) days have passed after the
date of the formal opening of the bids,
and no contract has been awarded, all bid
deposits will be returned on demand.
Certified Minority/Women vendors
may apply to participate in the City's
Bid Bond Voucher Program by
contacting the Minority/Women
Business Affairs office.
1.12. BID RESPONSE FORM - All
forms, as described under Section 4.0,
should be completed, signed and
submitted accordingly.
1.13. BID SECURITY
FORFEITED LIQUIDATED
DAMAGES - Failure to execute a
Contract and/or file an acceptable
Performance Bond, when required, as
provided herein, shall be just cause for
the annulment of the award and the
forfeiture of the Bid Security to the City,
which forfeiture shall be considered, not
as a penalty, but in mitigation of damages
sustained, Award may then be made to
the next most lowest responsible Bidder
or all bids may be rejected.
1.14. BRAND NAMES - If and
wherever in the specifications brand
names, makes, models, names of any
manufacturers, trade names, or bidder
catalog numbers are specified, it is for the
purpose of establishing the type, function,
minimum standard of design, efficiency,
grade or quality of goods only. When the
City does not wish to rule out other
competitors' brands or makes, the phrase
"OR EQUAL" is added. When bidding
an approved equal, Bidders will submit,
with their bid, 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. 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 the date
of bid opening only upon request of the
City. If samples should be requested,
such samples must be received by the
City no later than seven (7) calendar days
after a formal request is made.
1.15. CANCELLATION - The City
reserves the right to cancel all invitations
for bid before bid opening. In the event
of bid cancellation, the Director of
Purchasing shall notify all prospective
bidders 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 perform the
services required by the City, is a
business risk which the contractor must
assume. The City will not be obligated to
reimburse amortized or 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 services, it shall not have
any claim upon the City.
1.17. COLLUSION - Bidder, by affixing
a signature to its bid, certifies that its bid
is made without previous understanding,
agreement or connection either with any
person, firm or corporation making a bid
for the same items or with the City of
Miami's Purchasing Department or
initiating department. The Bidder
certifies that its bid is fair, without
control, collusion, fraud or other illegal
action. Bidder certifies that it is in
compliance with Section 2.611, Conflict
of Interest and Code of Ethics Laws. The
City will investigate all potential
situations where collusion may have
occurred and the City reserves the right
to reject any and all bids where collusion
may have occurred.
1.18, COMPLIANCE WITH
FEDERAL, STATE AND LOCAL
LAWS - Contractor understands that
contracts between private entities and
local governments are subject to certain
laws and regulations, including laws
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 way affect
the goods or equipment offered,
including but not limited to:
A.
B.
C.
D.
E.
F.
G.
I-L
I.
Executive Order 11296, which
prohibits discrimination against any
employee, applicant, or client
because of race, creed, color,
national origin, sex, or age with
regard to, but not limited to, the
following: employment practices,
rate of pay or other compensation
methods, and training selection.
Occupational, Safety and Health Act
(OSHA), as applicable to this IFB.
The State of Florida Statutes,
Section 287.133(3)(A) on Public
Entity Crimes.
Minority/Women Business Affairs
Enterprise (M/WBE) City
Ordinances No. 10062, 10538,
11272, as amended, as applicable to
this IFB.
Environment Protection Agency
(EPA), as applicable to this IFB.
Uniform Commercial Code (Florida
Statutes, Chapter 672).
Americans with Disabilities Act of
1990, as amended.
National Institute of Occupational
Safety Hazards (NIOSH), as
applicable to this IFB.
National Forest Products
Association (NFPA), as applicable
to this IFB.
City Procurement Ordinance City
Code Section 18, Article III.
City of Miami
Bid No. 04-05-123
Page 3
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 IFB. 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 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
termination of contract(s).
Copies of the City Ordinances may be
obtained from the City Clerk's Office.
1.19. CONE OF SILENCE - Pursuant
to Section 18-74 of the City of Miami
Code, a "Cone of Silence" is imposed
upon each RFP, RFQ, RFLI, or 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 $200,000. The
Cone of Silence prohibits any
communication regarding RFPs, RFQs,
RFLI or IFB (bids) between, among
others:
Potential vendors, service providers,
bidders, lobbyists or consultants and the
City's professional staff including, but
not limited to, the City Manager and the
City Manager's staff, the Mayor, City
Commissioners, or their respective staffs;
the Mayor, City Commissioners or their
respective staffs and the City's
professional staff including, but not
limited to, the City Manager and the City
Manager's staff;
potential vendors, service providers,
bidders, lobbyist or consultants, any
member of the City's professional staff,
the Mayor, City Commissioners or their
respective staffs and any member of the
respective selection/evaluation committee
City of Miami
Bid No. 04-06-123
The provision does not apply to, among
other communications:
oral communications with the City
purchasing staff regarding
Minority/Women Business Enterprise
(M/WBE) and local vendor outreach
programs;
oral communications, provided the
communication is limited strictly to
matters of process or procedure already
contained in the solicitation document;
the provisions of the Cone of Silence do
not apply to oral communications at duly
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 or bid documents.
(See Section 2.2. of the Special
Conditions).
Communications in connection with the
collection of industry comments 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 communications with the
Office of the City Clerk, which shall be
made available to any person upon
request. The City shall respond in writing
and file a copy with the Office of the City
Clerk, which shall be made available to
any person upon request. Written
communications may be in the form of e-
mail, with a copy to the Office of the City
Clerk at Marciaaci.miami.f.us.
In addition to any other penalties
provided by law, violation of the Cone of
Silence by any proposer or bidder shall
render any award voidable. A violation
by a particular Bidder, Proposer, Offeror,
Respondent, lobbyist or consultant shall
subject same to potential 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
Page 4
Section 18-74 of the City of Miami Code
for further clarification.
This language is only a summary of the
key provisions of the Cone of Silence.
Please review City of Miami Code
Section 18-74 for a complete and
thorough description of the Cone of
Silence. You may contact the City Clerk
at 305-250-5360, to obtain a copy of
same.
1.20. CONFIDENTIALITY - As a
political subdivision, the City of Miami is
subject to the Florida Sunshine Act and
Public Records Law. If this Contract
contains a confidentiality provision, it
shall have no application when disclosure
is required by Florida law or upon court
order.
1.21. CONFLICT OF INTEREST —
Bidders, by responding to this IFB,
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 or
equipment specified in this IFB. Any
such interests on the part of the Bidder 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 the your
firm.
1.22. COPYRIGHT OR PATENT
RIGHTS - Bidders warrant that there has
been no violation of copyright or patent
rights in manufacturing, producing, or
selling the goods shipped or ordered as a
result of this 1E13, and bidders agree to
hold the City harmless from any and all
liability, loss, or expense occasioned by
any such violation.
1.23. DEBARMENT AND
SUSPENSIONS (Sec 18-107) -
(a) Authority and requirement to debar
and suspend. After reasonable notice to
an actual or prospective Contractual
Party, and after reasonable opportunity
for such party to be heard, the City
Manager, after consultation with the
Chief Procurement Officer and the city
attorney, shall have the authority to debar
a Contractual Party, for the causes listed
below, from consideration for award of
city Contracts. The debarment shall be
for a period of not fewer than three years.
The City Manager shall also have the
authority to suspend a Contractual Party
from consideration for award of city
Contracts if there is probable cause for
debarment, pending the debarment
determination. The authority to debar and
suspend contractors shall be exercised in
accordance with regulations which shall
be issued by the Chief Procurement
Officer after approval by the City
Manager, the city attorney, and the City
Commission.
(b) Causes for debarment or suspension.
Causes for debarment or suspension
include the following:
(1) Conviction for commission of a
criminal offense incident to
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 perform
in accordance with the terms
and conditions of a Contract or
to perform within the time
limits provided in a Contract,
provided that failure to perform
caused by acts beyond the
control of a party shall not be
considered a basis for
debarment 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. B.
(8) Found in violation of a zoning
ordinance or any other city C.
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 D.
City Manager to be so serious
and compelling as to affect the
responsibility of the
Contractual Party performing
city Contracts.
(c) Certification. All Contracts for Goods
and services, sales, and leases by the city
shall contain a certification that neither
the Contractual Party nor any of its
principal owners or personnel have been
convicted of any of the violations set
forth above or debarred or suspended as
set forth in paragraph (b)(5).
(d) Debarment and suspension decisions.
Subject to the provisions of paragraph
(a), the City Manager shall render a
written decision stating the reasons for
the debarment or suspension. A copy of
the decision shall be provided promptly
to the Contractual Party, along with a
notice of said parry's right to seek judicial
relief.
1.24. 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 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 to
meet any terms of this agreement, the
City will notify the Bidder 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 perform the work required
under the Contract and/or within the
time required or failing to use the
subcontractors, entities and
personnel as identified and set forth,
and to the degree specified in the
Contract.
E.
F.
Failure to begin the work under this
Contract within the time specified.
Failure to perform the work with
sufficient workers and equipment or
with sufficient materials to ensure
timely completion.
Neglecting or refusing to remove
materials or perform new work
where prior work has been rejected
as non conforming with the terms of
the Contract.
Becoming insolvent, being declared
bankrupt, or committing any act of
bankruptcy or insolvency, or making
an assignment for the benefit of
creditors, if the insolvency,
bankruptcy, or assignment renders
the successful Bidder incapable of
performing the work in accordance
with and as required by the
Contract.
Failure to comply with any of the
terms of the Contract in any material
respect.
All costs and charges incurred by the City
as a result of a default or a default
incurred beyond the time limits stated,
together with the cost of completing the
work, shall be deducted from any monies
due or which may become due on this
Contract.
1.25. DEBARRED/SUSPENDED
VENDORS — An entity or affiliate who
has been placed on the State of Florida
debarred or suspended vendor list may
not submit a bid on a contract to provide
goods or services to a public entity, may
not submit a bid on a contract with a
public entity for the construction or
repair of a public building or public
work, may not submit bids on leases of
real property to a public entity, may not
award or perform work as a contractor,
supplier, subcontractor, or consultant
under contract with any public entity, and
may not transact business with any public
entity.
1.26. DISCOUNTS OFFERED
DURING TERM OF CONTRACT -
Discount Prices offered in the Bid shall
be fixed after the award by the
Commission unless otherwise specified
in the Special Terms and Conditions.
Price discounts off the original prices
quoted in the Bid will be accepted from
successful Bidder(s) during the term of
the contract. Such discounts shall
City of Miami
Bid No. 04-05-123
Page 5
remain in effect for a minimum of 120
days from approval by the City
Commission Any discounts offered by a
manufacturer to Bidder will be passed on
to the City.
1.27. DISCREPANCIES, ERRORS,
AND OMISSIONS -Any discrepancies,
errors, or ambiguities in the Invitation for
Bids or addenda (if any) should be
reported in writing to the City's
Purchasing Department. Should it be
found necessary, a written addendum will
be incorporated in the Invitation for Bids
and will become part of the purchase
agreement (contract documents). The
City will not be responsible for any oral
instructions, clarifications, or other
communications.
1.28. 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 bid at the price contained
within vendor's bid. Further, successful
vendor shall deliver/perform for the city
on a priority basis during such times of
emergency.
1,29. ENTIRE AGREEMENT - The
contract consists of this City of Miami Bid
and specifically this Section II,
Contractor's Response and any written
agreement entered into by the City of
Miami and Contractor, and represents the
entire understanding and agreement
between the parties with respect to the
subject matter hereof and supersedes all
other negotiations, understanding and
representations, if any, made by and
between the parties. To the extent that the
agreement conflicts with, modifies, alters
or changes any of the terms and conditions
contained in the Bid and/or Response, then
the Bid and then the Response shall
control. This Contract may be modified
only by a written agreement signed by the
City of Miami and Contractor.
1.30. ESTIMATED QUANTITIES —
Estimated quantities or estimated dollars
are provided for your guidance only. is
guarantee is expressed or implied as to
quantities that will be purchased during
the contract period. The City is BA
obligated to place an order for any given
amount subsequent to the award of this
bid. Said estimates may be used by the
City for purposes of determining the low
bidder meeting specifications. The City
reserves the right to acquire additional
City of Miami
Bid No. 04-45-123
quantities at the prices bid or at lower
prices, in this IFB.
1.31. EVALUATION OF BIDS
A. Rejection of Bids
The City may reject a Bid for any of the
following reasons:
(1) Bidder fails to acknowledge receipt
of addenda
(2) Bidder misstates or conceals any
material fact in the Bid
(3) Bid does not conform to the
requirements of the Bid
(4) Bid requires a conditional award
that conflicts with the method of
award
(5) Bid does not include required
samples, certificates, licenses as
required
(6) Bid was not executed by the
Bidder's authorized agent on the
Bid Form.
The foregoing is not an all inclusive list
of reasons for which a Bid may be
rejected. The City may reject and re -
advertise for all or any part of the Bid
Solicitation whenever it is deemed in the
best interest of the City.
B. Elimination From Consideration
(1)
A contract shall not be awarded to
any person or firm which is in
arrears to the City upon any debt or
contract, or which is a defaulter as
surety or otherwise upon any
obligation to the City.
(2) A contract may not be awarded to
any person or firm which has failed
to perform under the terms and
conditions of any previous contract
with the City or deliver on time
contracts of a similar nature.
(3) A contract may not be awarded to
any person or firm which has been
debarred by the City in accordance
with the City's Debarment and
Suspension Ordinance.
C. Determination of Responsibility
(I) Bids will only be considered from
entities who are regularly engaged in
Page 6
(2)
(4)
the business of providing the goods
and/or equipment required by the
Bid. Bidder's 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 determined by the City.
The City may consider any evidence
available regarding the financial,
technical and other qualifications
and abilities of a Bidder, including
past performance (experience) with
the City or any other governmental
entity in making the award.
The City may require the Bidder(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 Bid.
1.32. EXCEPTIONS TO
GENERAL AND OR SPECIAL
CONDITIONS OR
SPECIFICATIONS - Exceptions to
the specifications shall be listed on
the Bid Response Form and shall
reference the section. Any exceptions
to the General or Special Conditions
shall be cause for the bid to be
considered non -responsive.
1.33. F.O.B. DESTINATION -
Unless otherwise specified in the IFB, all
prices quoted by the bidder must be
F.O.B. DESTINATION, inside delivery,
with all delivery costs and charges
included in the bid price, unless
otherwise specified in this IFB. Failure
to do so may be cause for rejection of
bid.
1.34. FIRM PRICES - The bidder
warrants that prices, terms, and
conditions quoted in its bid will be firm
throughout the duration of the contract
unless otherwise specified in the IFB.
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. 18-105)
(a) The commission approves
implementation of the first -source
hiring agreement policy and requires
as a condition precedent to the
execution of service contracts for
facilities, services, and/or receipt of
grants and loans, for projects of a
nature that create new jobs, the
successful negotiation of first -source
hiring agreements between the
organization or individual receiving
said contract and the authorized
representative unless such an
agreement is found infeasible by the
city manager and such finding
approved by the city commission at
a public hearing.
(b) For the purpose of this section, the
following terms, phrases, words and
their derivations shall have the
following meanings:
Authorized representative means the
Private Industry Council of South
Florida/South Florida Employment
and Training Consortium, or its
successor as local recipient of
federal and state training and
employment funds.
Facilities means all publicly
financed projects, including but
without limitation, unified
development projects, municipal
public works, and municipal
improvements to the extent they are
financed through public money
services or the use of publicly
owned property.
Grants and loans means, without
limitation, urban development
action grants (UDAG), economic
development agency construction
loans, loans from Miami Capital
Development, Incorporated, and all
federal and state grants administered
by the city.
Service contracts means contracts
for the procurement of services by
the city which include professional
services.
Services includes,
limitation, public
improvements,
City of Miami
Bid No. 04-05-123
without
works
facilities,
(c)
(d)
professional services, commodities,
supplies, materials and equipment.
The authorized representative shall
negotiate each first -source hiring
agreement.
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.
1.36. GOVERNING LAW 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.
1.37. 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.
1.38. 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, that
include but are not limited to:
1. Use of information only for performing
services required by the contract or as
required by law;
2. Use of appropriate safeguards to
prevent nonpermitted disclosures;
3. Reporting to the City of Miami of any
nonpermitted use or disclosure;
4. Assurances that any agents and
subcontractors agree to the same
restrictions and conditions that apply
to the Bidder/Proposer and reasonable
assurances that IIHIIPHI will be held
confidential;
5. Making Protected Health Information
(PHI) available to the customer;
6. Making PHI available to the customer
for review and amendment; and
incorporating any amendments
requested by the customer;
Page 7
7. Making PHI available to the City of
Miami for an accounting of
disclosures; and
8. Making internal practices, books and
records related to PHI available to the
City of Miami for compliance audits.
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.
1.39. IDEMNIFICATION - 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 damage to property from any act,
omission or neglect, by itself or its
employees; the Contractor shall become
defendant in every suit brought for any of
such causes of action against the City or
the City's officials, agents and employees;
the Contractor shall further indemnify
City as to all costs, attomey's fees,
expenses and liabilities incurred in the
defense of any such claims and any
resulting investigation.
1.40. INFORMATION AND
DESCRIPTIVE LITERATURE -
Bidders must furnish all information
requested in the spaces provided on the
Bid Response Form. Further, as may be
specified elsewhere, each Bidder must
submit for bid evaluation cuts, sketches,
descriptive literature, and technical
specifications covering the products
offered. Reference to literature submitted
with a previous bid or on file with the
Buyer will not satisfy this provision.
1.41. INSPECTIONS - The City
may, at reasonable times during the term
hereof, inspect Contractor's facilities and
perform such tests, as the City deems
reasonably necessary, to determine
whether the goods or equipment required
to be provided by the Contractor under
this Contract conform to the terms of the
IFB. Contractor shall make available to
the City all reasonable facilities and
assistance to facilitate the performance of
tests or inspections by City
representatives. All tests and inspections
shall be subject to, and made in
accordance with, the provisions of the
City of Miami Ordinance No. 12271
(Section 18-79), as same may be
amended or supplemented from time to
time.
1.42. INSPECTION OF BID - Sealed
bids received by the City pursuant to
Invitation For Bids will not be made
available until such time as the City
provides notice of a decision or intended
decision or within 10 days after bid
opening, whichever is earlier. Bid results
will be tabulated and may be furnished
upon request via fax or e-mail to the Sr.
Buyer issuing the IFB. Tabulations also
are available on the City's Web Site
following recommendation for award.
1.43. INSURANCE - Within ten
(10) days after receipt of Notice of
Award, the successful Contractor, shall
furnish Evidence of Insurance to the
Purchasing Department, if applicable.
Submitted evidence of coverage shall
demonstrate strict compliance to all
requirements listed on the Special
Conditions entitled "Insurance
Requirements". The City shall be listed
as an "Additional Insured."
Issuance of a Purchase Order is
contingent upon the receipt of proper
insurance documents. If the insurance
certificate is received within the specified
time frame but not in the manner
prescribed in this Invitation for Bids the
Contractor shall be verbally notified of
such deficiency and shall have an
additional five (5) calendar days to
submit a corrected certificate to the City.
If the Contractor fails to submit the
required insurance documents in the
manner prescribed in this IFB within
fifteen (15) calendar days after receipt
Notice of Award, the contractor shall be
in default of the contractual terms and
conditions and shall not be awarded the
contract. Under such circumstances, the
Bidder may be prohibited from
submitting future bids to the City.
Information regarding any insurance
requirements shall be directed to the Risk
Administrator, Department of Risk
Management, at 444 SW 2nd Avenue, 9th
Floor, Miami, Florida 33130, 305-416-
1604.
The Bidder shall be responsible for
assuring that the insurance
certificates required in conjunction
with this Section remain in force for
the duration of the contractual
period; including any and all option
terms that may be granted to the
Bidder.
1.44. INVOICES - Invoices shall
contain purchase order number and
details of goods or equipment delivered
(i.e. quantity, unit price, extended price,
etc).
1.45. LOCAL PREFERENCE -
City Code Section 18-85, states that the
City Commission may offer to a
responsible and responsive bidder, who
maintains a Local Office, the opportunity
of accepting a bid at the low bid amount,
if the original bid amount submitted by
the local vendor is not more than ten
nercent (10%i in excess of the lowest
other responsible and responsive bidder.
1.46. MANUFACTURER'S
CERTIFICATION - The City reserves
the right to request from bidders a
separate Manufacturer's Certification of
all statements made in the bid. Failure to
provide such certification may result in
the rejection of bid or termination of
contract, for which the bidder must bear
full liability.
1.47. MINORITY/WOMEN
PROCUREMENT PROGRAM -
Ordinance No. 10062, as amended,
entitled the Minority and Women
Business Affairs and Procurement
Ordinance of the City of Miami. Florida,
sets forth "...a goal of awarding at least
5I percent of the City's total annual
dollar volume of all expenditures for all
goods and services to Black, Hispanic
and Women minority business enterprises
on an equal basis." A minority business
enterprise is defined as a business firm
"...in which at least 51 percent of said
enterprise is owned by Blacks, Hispanics,
or Women and whose management and
daily business operations are controlled
by one or more Blacks, Hispanics or
Women."
To achieve the goal established by these
Ordinances, participation in providing
goods and services to the City by
minorities is being encouraged in a
number of ways. All bidders doing
business with the City are encouraged to
include the participation of minority
firms in their bids. In evaluating bids for
determination of awards, minority
participation may be a factor. Failure to
adequately involve minority firms may be
a basis for rejecting any and all bids.
Possible ways to include minority
participation would involve:
1. Joint venture with a minority firm(s)
2. Utilizing minority firm(s) as
subcontractor(s).
3. Utilizing minority firm(s) to supply
goods and/or services.
4. Successful implementation of well
defined affirmative action program.
5. Other forms
participation,
documented.
of minority
if properly
Successful bidder(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" in
Section 4.4. is provided to assist bidders
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
bids. The Purchasing Department,
Minority/Women Business Affairs
Office, will provide the necessary forms
and instructions upon request. All
bidders are urged to submit bids for any
goods or services that they are able to
supply, regardless of minority
classification. However, compliance with
all requests for information regarding
Minority/Women Status or Participation
is required. Bidder's cooperation is
greatly needed to aid the City in
achieving its goal. Bidders may contact
this Office at (305) 416-1913 for
information.
1.48. MODIFICATIONS OR
CHANGES IN PURCHASE ORDERS
AND CONTRACTS
No contract or understanding to modify
this IFB and resultant purchase orders or
contracts, if applicable, shall be binding
upon the City unless made in writing by
the Director of Purchasing of the City of
Miami, Florida through the issuance of a
change order or modification to the
contract, purchase order or award sheet
as appropriate.
City of Miami
Bid No. 04-05-123
Page 8
1.49. NO INTEREST IN BIDDING
- If you do not wish to bid, please return
the "Statement of No Bid" form, stating
the reason. Failure to submit a response
after three (3) times without a sufficient
justification of "No Bid" will be cause
for removal from the Vendor/Bidder's
list.
Vendors are encouraged to register on-
line by visiting the City's website at
http://www. ci. miami,11. us/procurement/.
1.50. NO PARTNERSHIP OR JOINT
VENTURE - Nothing contained in this
Contract will be deemed or construed to
create a partnership or joint venture
between the City of Miami and
Contractor, or to create any other similar
relationship between the parties.
1.51. NONCONFORMANCE TO
CONTRACT CONDITIONS - Items
may be tested for compliance with
specifications under the direction of the
Florida Department of Agriculture and
Consumer Services or by other
appropriate testing Laboratories as
determined by the City. The data derived
from any test for compliance with
specifications is public record and open
to examination thereto in accordance
with Chapter 119, Florida Statutes. Items
delivered not conforming to
specifications may be rejected and
returned at Bidder's expense. These non-
conforming items not delivered as per
delivery date in bid and/or Purchase
Order may result in bidder being found in
default in which event any and all
reprocurement costs may be charged
against the defaulted contractor. Any
violation of these stipulations may also
result in the supplier's name being
removed from the City of Miami's
bidder's list.
1.52. NONDISCRIMINATION -
Bidder agrees that it shall not
discriminate as to race, sex, color, age,
religion, national origin, marital status, or
disability in connection with its
performance under this solicitation.
Furthermore, Bidder agrees that no
otherwise qualified individual shall solely
by reason of his/her race, sex, color, age,
religion, national origin, marital status or
disability be excluded from the
participation in, be denied benefits of, or
be subjected to, discrimination under any
program or activity.
In connection with the conduct of its
business, including performance of
services and employment of personnel,
Bidder shall not discriminate against any
person on the basis of race, color,
religion, disability, age, sex, marital
status or national origin. All persons
having appropriate qualifications shall be
afforded equal opportunity for
employment.
1.53. OCCUPATIONAL
LICENSE - Any person, firm,
corporation or joint venture, with a
business location in the City of Miami
and is submitting a Bid under this IFB
shall meet the City's Occupational
License Tax requirements in accordance
with Chapter 31.1, Article I 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 Bid; however, the
City may at its sole option and in its best
interest allow the Bidder to supply the
license to the City during the evaluation
period, but prior to award.
1.54. OWNERSHIP OF
DOCUMENTS - It is understood by and
between the parties than any documents,
records, files, or any other matter
whatsoever which is given by the City to
the successful Bidder pursuant to this
solicitation shall at all times remain the
property of the City and shall not be used
by the Bidder for any other purposes
whatsoever without the written consent
of the City.
1.55. PARTIAL INVALIDITY - If any
provision of this Contract or the
application thereof to any person or
circumstance shall to any extent be held
invalid, then the remainder of this
Contract or the application of such
provision to persons or circumstances
other than those as to which it is held
invalid shall not be affected thereby, and
each provision of this Contract shall be
valid and enforced to the fullest extent
permitted by law.
1.56. PERFORMANCE BOND — A
Contractor may be required to furnish a
Performance Bond as part of the
requirements of this Contract, in an
amount equal to one hundred percent
(100%) of the contract price.
1.57. NON-EXCLUSIVE
CONTRACT/ PIGGYBACK
PROVISION - At such times as may
serve its best interest, the City of Miami
reserves the right to advertise for,
receive, and award additional bids for
these herein items, and to make use of
other competitively bid (governmental)
contracts, SNAPS Agreements, or other
similar sources for the purchase of these
goods or equipment as may be available.
It is hereby agreed and understood that
this solicitation does not constitute the
exclusive rights of the successful
bidder(s) to receive all orders that may be
generated by the City in conjunction with
this Solicitation.
In addition, any and all commodities,
equipment, and services required by the
City in conjunction with construction
projects are solicited under a distinctly
different bid process and shall not be
purchased under the terms, conditions
and awards rendered under this
solicitation, unless such purchases are
determined to be in the best interest of
the City.
1.58. PREPARATION OF BIDS -
Bidders are expected to examine the
specifications, required delivery,
drawings, and all special and general
conditions. All bid amounts shall be
typewritten entered into the space
provided with ink. Failure to do so will
be at the Bidder's risk.
A.
B.
Each Bidder shall furnish the
information required in the IFB.
The Bidder shall sign the IFB and
print in ink or type the name of the
Bidder, address, and telephone
number on the face page and on
each continuation sheet thereof on
which he/she makes an entry, as
required.
The unit price for each unit offered
shall be shown, and such price shall
include packaging, handling and
shipping, and F.O.B. Miami delivery
inside City premises unless
otherwise specified. Bidder shall
include in the response all taxes,
insurance, social security,
workmen's compensation, and any
other benefits normally paid by the
Bidder to its employees. If
applicable, a unit price shall be
entered in the "Unit Price" column
for each item. Based upon
estimated quantity, an extended
price shall be entered in the
City of Miami
Bid No. 04-05-123
Page 9
"Extended Price" column for each
item offered. In case of a
discrepancy between the unit price
and extended price, the unit price
will be presumed correct.
C. The Bidder must state a definite
time, if required, in calendar days
for delivery of goods or equipment.
D. The Bidder should retain a copy of
all bid documents for future
reference,
E. All bid response forms as described
under Section 4.0, 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 having any erasures
or corrections must be initialed in
ink by person signing the bid or the
bid may be rejected.
F. The City of Miami's Bid Response
Forms which are attached to this
solicitation should be used when
Bidder is submitting its bid. Use of
any other forms will result in the
rejection of the bid. THE
ORIGINAL AND THREE (3)
COPIES OF THESE SETS OF
FORMS AND ANY REQUIRED
ATTACHMENTS MUST BE
RETURNED TO THE CITY OR
YOUR BID MAY BE
DISQUALIFIED.
1.59. PRICE ADJUSTMENTS — Any
price decrease effectuated during the
contract period either by reason of market
change or on the part of the contractor to
other customers shall be passed on to the
City of Miami.
1.60. PRODUCT SUBSTITUTES - In
the event a particular awarded and
approved manufacturer's product
becomes unavailable during the term of
the Contract, the Contractor awarded that
item may arrange with the City's
authorized representative(s) to supply a
substitute product at the bid price or
lower, provided that a sample is approved
in advance of delivery and that the new
product meets or exceeds all quality
requirements.
1.61. PROHIBITIONS - Contractor
represents and warrants to the City that it
has not employed or retained any person
City of Miami
Bid No. 04-05-123
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.
1.62. PROMPT PAYMENT - Bidders
may offer a cash discount for prompt
payment; however, discounts shall not be
considered in determining the lowest net
cost for bid evaluation purposes.
Bidders are required to provide their
prompt payment terms in the space
provided on the Bid Certification
Statement Form (Section No. 4.1.). If no
prompt payment discount is being
offered, the Bidder must enter zero (0)
for the percentage discount to indicate no
discount. If the Bidder fails to enter a
percentage, it is understood and agreed
that the terms shall be 2% 20 days,
effective after receipt of invoice or final
acceptance by the City, whichever is
later.
When the City is entitled to a cash
discount, the period of computation will
commence on the date of delivery, or
receipt of a correctly completed invoice,
whichever is later. If an adjustment in
payment is necessary due to damage, the
cash discount period shall commence on
the date final approval for payment is
authorized. If a discount is part of the
contract, but the invoice does not reflect
the existence of a cash discount, the City
is entitled to a cash discount with the
period commencing on the date it is
determined by the City that a cash
discount applies.
Price discounts off the original prices
quoted on the Price Sheet will be
accepted from successful bidders during
the term of the contract.
1.63. PROPERTY - Property owned
by the City of Miami is the responsibility
of the City of Miami, Such property
furnished to a Contractor for repair,
modification, study, etc., shall remain the
property of the City of Miami. Damages
to such property occurring while in the
possession of the Contractor shall be the
responsibility of the Contractor. Damages
occurring to such property while in route
to the City of Miami shall be the
responsibility of the Contractor. In the
event that such property is destroyed or
declared a total loss, the Contractor shall
be responsible for replacement value of
Page 10
the property at the current market value,
less depreciation of the property if any.
1.64. PROVISIONS BINDING -
Except as otherwise expressly provided
in this Contract, all covenants, conditions
and provisions of this Contract shall be
binding upon and shall inure to the
benefit of the parties hereto and their
respective heirs, legal representatives,
successors and assigns.
1.65. 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 bid on a contract to provide
any goods or services to a public entity,
may not submit a bid on a contract with a
public entity for the construction or
repair of a public building or public
work, may not submit bids on leases of
real property to a public entity, may not
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.
1.66. PUBLIC RECORDS -
Contractor understands that the public
shall have access, at all reasonable times,
to all documents and information
pertaining to City contracts, subject to the
provisions of Chapter 119, Florida
Statutes, and City of Miami Code,
Section 18, Article III, and agrees to
allow access by the City and the public to
all documents subject to disclosure under
applicable law. Contractor's failure or
refusal to comply with the provision of
this section shall result in the immediate
cancellation of this Contract by the City.
1.67. QUALITY - All materials used in
the manufacturing or construction of
supplies, materials, or equipment covered
by this bid shall be new. The items bid
must be of the latest make or model, of
the best quality, and of the highest grade
of workmanship, unless as otherwise
specified in this IFB.
1.68. QUALITY OF WORK — The
work performed must be of the highest
quality and workmanship. Materials
furnished to complete the service shall be
new and of the highest quality except as
otherwise specified in this IFB.
1.69. REMEDIES PRIOR TO
AWARD (Sec. 18-106)
If prior to Contract award it is determined
that a solicitation or proposed award is in
violation of law, then the solicitation or
proposed award shall be cancelled by the
City Commission, the City Manager or
the Chief Procurement Officer, as may be
applicable, or revised to comply with the
law.
1.70. RESOLUTION OF
CONTRACT DISPUTES (Sec. 18-
105)
(a) Authority to resolve Contract
disputes. The City Manager, after
obtaining the approval of the city
attorney, shall have the authority to
resolve 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
Manager.
(b) Contract dispute decisions. If a
dispute is not resolved by mutual
consent, the City Manager shall promptly
render a written report stating the reasons
for the action taken by the City
Commission or the City Manager which
shall be final and conclusive. A copy of
the decision shall be immediately
provided to the protesting party, along
with a notice of such party's right to seek
judicial relief, provided that the
protesting party shall not be entitled to
such judicial relief without first having
followed the procedure set forth in this
section.
1.71. RESOLUTION OF
PROTESTED SOLICITATIONS AND
AWARDS (Sec. 18-104)
(a) Right to protest. The following
procedures shall be used for resolution of
protested solicitations and awards except
for purchases of goods, supplies,
equipment, and services, the estimated
cost of which does not exceed $25,000.
Protests thereon shall be governed by the
Administrative 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 fled when
received by the Chief Procurement
Officer; or
H. Any prospective bidder who intends
to contest Bid Specifications or a bid
solicitation may protest to the Chief
Procurement Officer, A written notice of
intent to file a protest shall be filed with
the Chief' Procurement Officer within
three days after the bid solicitation is
published in a newspaper of general
circulation. A notice of intent to file a
protest is considered filed when received
by the Chief Procurement Officer.
2. Protest of Award.
i. Any actual proposer who perceives
itself aggrieved in connection with the
recommended award of Contract may
protest to the Chief Procurement Officer.
A written notice of intent to file a protest
shall be filed with the Chief Procurement
Officer within two days after receipt by
the proposer of the notice of the City
Manager's recommendation for award of
Contract. The receipt by proposer of such
notice shall be confirmed by the city by
facsimile or electronic mail or U.S. mail,
return receipt requested. A notice of
intent to file a protest is considered filed
when received by the Chief Procurement
Officer; or
ii. Any actual Responsive and
Responsible Bidder whose Bid is lower
than that of the recommended bidder may
protest to the Chief Procurement Officer,
A written notice of intent to file a protest
shall be filed with the Chief Procurement
Officer within two days after receipt by
the bidder of the notice of the city's
determination of non responsiveness or
non responsibility. The receipt by bidder
of such notice shall be confirmed by the
city by facsimile or electronic mail or
U.S. mail, return receipt requested. A
notice of intent to file a protest is
considered filed when received by the
Chief Procurement Officer.
iii. A written protest based on any of
the foregoing must be submitted to the
Chief Procurement Officer within five (5)
days after the date the notice of protest
was filed, A written protest is considered
filed when received by the Chief
Procurement Officer.
The written protest may not challenge the
relative weight of the evaluation criteria
or the formula for assigning points in
making an award determination,
The written protest shall state with
particularity the specific facts and law
upon which the protest of the solicitation
or the award is based, and shall include
all pertinent documents and evidence and
shall be accompanied by the required
Filing Fee as provided in subsection (f).
This shall form the basis for review of the
written protest and no facts, grounds,
documentation or evidence not contained
in the protester's submission to the Chief
Procurement Officer at the time of filing
the protest shall be permitted in the
consideration of the written protest.
No time will be added to the above limits
for service by mail. In computing any
period of time prescribed or allowed by
this section, the day of the act, event or
default from which the designated period
of time begins to run shall not be
included, The last day of the period so
computed shall be included unless it is a
Saturday, Sunday or legal holiday in
which event the period shall run until the
end of the next day which is neither a
Saturday, Sunday or legal holiday.
Intermediate Saturdays, Sundays and
legal holidays shall be excluded in the
computation of the time for filing.
(b) Authority to resolve protests. The
Chief Procurement Officer shall have the
authority, subject to the approval of the
City Manager and the city attorney, to
settle and resolve any written protest. The
Chief Procurement Officer shall obtain
the requisite approvals and communicate
said decision to the protesting party and
shall submit said decision to the City
Commission within 30 days after he/she
receives the protest. In cases involving
more than $25,000, the decision of the
Chief Procurement Officer shall be
submitted for approval or disapproval
thereof to the City Commission after a
favorable recommendation by the city
attorney and the City Manager.
(c) Compliance with filing requirements.
Failure of a party to timely file either the
notice of intent to file a protest or the
written protest, together with the required
Filing Fee as provided in subsection (f),
with the Chief Procurement Officer
within the time provided in subsection
(a), above, shall constitute a forfeiture of
City of Miami
Bid No. 04-05-123
Page 11
such party's right to file a protest
pursuant to this section. The protesting
party shall not be entitled to seek judicial
relief without first having followed the
procedure set forth in this section
(d) Stay of Procurements during protests.
Upon receipt of a written protest filed
pursuant to the requirements of this
section, the city shall not proceed further
with the solicitation or with the award of
the Contract until the protest is resolved
by the Chief Procurement Officer or the
City Commission as provided in
subsection (b) above, unless the City
Manager makes a written determination
that the solicitation process or the
Contract award must be continued
without delay in order to avoid an
immediate and serious danger to the
public health, safety or welfare.
(e) Costs. All costs accruing from a
protest shall be assumed by the protestor.
(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 $5000.00,
whichever is less, which filing fee shall
guarantee the payment of all costs which
may be adjudged against the protestor in
any administrative or court proceeding. If
a protest is upheld by the Chief
Procurement Officer and/or the City
Commission, as applicable, the fling fee
shall be refunded to the protestor less any
costs assessed under subsection (e)
above. If the protest is denied, the filing
fee shall be forfeited to the city in lieu of
payment of costs for the administrative
proceedings as prescribed by subsection
(e) above.
1.72. SAMPLES - Samples of items,
when required, must be submitted within
the time specified at no expense to the
City. If not destroyed by testing,
bidder(s) will be notified 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.
1.73. 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
City of Miami
Bid No. 04-06-123
virtue of written permission granted by
the City through the proper officials,
which may be withheld or conditioned, in
the City's sole discretion.
1.74. SERVICE AND
WARRANTY — When specified, the
bidder shall define all warranty, service
and replacements that will be provided.
Bidders must explain on the attached Bid
Response Form to what extent warranty
and service facilities are available. A
copy of the manufacturer's warranty, if
applicable, should be submitted with
your bid.
1.75. 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 D.
correct type, size and design are to used.
All workmanship is to be first quality.
B.
All interpretations of these specifications
shall be made upon the basis of this
statement.
If your firm has a current contract with
the State of Florida, Department of
General Services, to supply the items on
this bid, the bidder shall quote not more
than the contract price; failure to comply
with this request will result in
disqualification of bid.
1.76. SUBMISSION AND
RECEIPT OF BIDS - Bids must be
received at the designated location and at,
or before, the specified time of opening
as designated in the IFB. NO
EXCEPTIONS. Bidders are welcome to
attend bid opening; however, no award
will be made at that time. A bid
tabulation will be furnished upon request;
and, Bidder must enclose a self-
addressed, stamped envelope when
submitting a bid to receive the tabulation.
A. Bids shall be enclosed in a sealed
envelope. The face of the envelope
must show the hour and date
specified for receipt of bids, the bid
number, and the name and return
address of the Bidder. Bids not
Page 12
C.
E.
F.
G.
H.
I.
submitted on the requisite Bid
Response Forms may be rejected.
Bid must be submitted to the office
and address listed on the front page
of this IFB by the time specified to
be considered for award.
Directions:
FROM THE NORTH: I-95 SOUTH
UNTIL IT TURNS INTO US1.
US1 SOUTH TO 27TH AVE.,
TURN LEFT, PROCEED SOUTH TO
S0. BAYSHORE DR. (3RD
TRAFFIC LIGHT), TURN LEFT,
1 BLOCK TURN RIGHT ON PAN
AMERICAN DR. CITY HALL IS
AT THE END OF PAN AMERICAN
DR. PARKING IS ON RIGHT.
FROM THE SOUTH: US1 NORTH
TO 27TH AVENUE, TURN RIGHT,
PROCEED SOUTH TO SO.
BAYSHORE DR. (3RD TRAFFIC
LIGHT), TURN LEFT, 1 BLOCK
TURN RIGHT ON PAN AMERICAN
DR. CITY HALL IS AT THE
END OF PAN AMERICAN DR.
PARKING IS ON RIGHT.
Telegraphic bids or facsimile will
not be considered.
Failure to follow these procedures is
cause for rejection of bid.
The responsibility for obtaining and
submitting this bid to the City
Clerk's Office on or before the time
and date is solely and strictly the
responsibility of Bidder. The City
of Miami is not responsible for
delays caused by the United States
mail delivery or caused by any other
occurrence. Bids received by the
City Clerk after bids have begun to
be opened will be returned
unopened, and will not be
considered for award.
Late bids will be rejected.
All bids are subject to the conditions
specified herein. Those which do
not comply with these conditions are
subject to rejection.
Modification of bids already
submitted will be considered only if
received at the City Clerk's Office
before the time and date set for
opening bids. All modifications
must be submitted in writing. Once
a bid is opened, the City will not
consider any subsequent submission
which alters the bid.
If bids are submitted at the same
time for different solicitations, each
bid must be placed in a separate
envelope and each envelope must
contain the information previously
stated in 1.76.A.
1.77. 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.
1.78. TERMINATION - The City
of Miami reserves the right to terminate
this contract by written notice to the
contractor effective the date specified in
the notice should any of the following
apply:
A. The contractor is determined by the
City to be in breach of any of the
terms and conditions of the contract.
B. The City has determined that such
termination will be in the best
interest of the City to terminate the
contract for its own convenience;
C. Funds are not available to cover the
cost of the goods or equipment. The
City's obligation is contingent upon
the availability of appropriate funds.
1.79. TERMS OF PAYMENT -
Payment will be made by the City after
the items awarded to a Bidder have been
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 services/goods and
pursuant to Florida Statute 218.74 and
other applicable law.
1.80. TIMELY DELIVERY - Time
will be of the essence for any orders
placed as a result of this bid. The City
reserves the right to cancel such orders,
or any part thereof, without obligation, if
delivery is not made within the time(s)
specified on the Bid Form. Deliveries are
to made during regular City business
hours unless otherwise specified in the
Special Conditions.
1.81. TITLE - Title to the goods or
equipment shall not pass to the City until
after the City has accepted the
goods/equipment or used the goods,
whichever comes first.
1.82. VARIATIONS OF
SPECIFICATIONS - For purposes of
bid evaluation, bidders must indicate any
variances from bid specifications and/or
conditions, no matter how slight. If
variations are not stated on the Bid
Response Form, it will be assumed that
the product fully complies with the City's
specifications.
City of Miami Page 13
Bid No. 04-015-123