HomeMy WebLinkAboutInvitation For BidsCity of Miami
Invitation For Bids
IFB
Purchasing Department
Glenn Marcos, CPPO, CPPB, Director/Chief Procurement Officer
Miami Riverside Center
444 SW 2nd Avenue, 6th Floor
Miami, Florida 33130
Web Site Address: http://ci.miami.fl.us/procurement
Bid Number: 34026
Title: LEASE OF 2008 TOYOTA HIGHLANDER HYBRID
LIMITED VEHICLES
Commodity Code: 975-14
Type of Purchase: Lease Term Contract for Three (3) Years or Thirty-six (36)
Months, 12,000 miles per year/36,000 total miles or 15,000 miles
per year/45,000 total miles lease term contract
M/WBE Set -Aside: N/A
Sr. Buyer: Glenn Marcos, CPPO, CPPB
Fax: 305-416-1925
E-Mail Address: gmarcos@ci.miami.fl.us
Issue Date: JULY 25, 2007
Deadline for Request for
Additional Information/Clarification: August 1, 2007
Pre -Bid Conference/Site Visit: N/A
Bid Security: NO
Performance Bond: NO
Bid Opening Date: MONDAY, AUGUST 13, 2007
Time: 2:00 PM
Sealed written Bids must be received by the City of Miami, City Clerk's Office, City Hall,
3500 Pan American Drive, Miami, Florida 33133-5504, no later than the date, time and at
the location indicated above for the Bid Opening. Submittal of Bid by fax is not acceptable.
Three (3) copies of the Bid Response Form (Forms 4-0-4.8) must be returned to the City or
your bid may be disqualified.
CONE OF SILENCE ORDINANCE IS APPLICABLE TO THIS SOLICL4 TION.
City of Miami
Bid No. 34026
Page t
GENERAL TERMS AND CONDITION
INTENT: 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 shall notify all affected
bidders and make available a written
explanation for the rejection. The City
also reserves the right to waive any
irregularities or minor informalities or
technicalities in any or all bids and may,
at its discretion, re -bid.
1.4. ADDENDUMS— It is the bidder's
responsibility to ensure receipt of all
Addendums. Addendums are available on
the City's web
http://ci.miami.fl.us.
site at
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
City of Miami
Bid No. 34026
different product that meets or exceeds
the bid requirements. In order for the
City to consider an alternate bid, the
Bidder shall complete a separate Price
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
Each Governmental, not -for -profit or
quasi -governmental entity which uses a
Page 2
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
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,
City of Miami
Bid No. 34026
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
Page 3
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.
H.
Executive Order 11246, which
prohibits discrimination against any
employee, applicant, or client
because of race, creed, color,
national origin, sex, or age with
regard to, but not limited to, the
following: employment practices,
rate of pay or other compensation
methods, and training selection.
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.
1. National Forest
Association (NFPA),
to this IFB.
Products
as applicable
J. City Procurement Ordinance City
Code Section 18, Article 111.
K. Conflict of Interest, City Code
Section 2-611; 61.
L. Cone of Silence, City Code Section
18-74.
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;
and any member of the respective
selection/evaluation committee.
The provision does not apply to, among
other communications:
City of Miami
Bid No. 34026
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); or
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
Marcia�%ci.m iami. fl. us.
In addition to any other penalties
provided by law, violation of the Cone of
Silence by any proposer or bidder shall
render any award voidable. A violation
by a particular Bidder, Proposer, Offeror,
Respondent, lobbyist or consultant shall
subject same to potential penalties
pursuant to the City Code. Any person
having personal knowledge of a violation
of these provisions shall report such
violation to the State Attorney and/or
may file a complaint with the Ethics
Commission. Proposers or bidders should
reference Section 18-74 of the City of
Miami Code for further clarification.
Page 4
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 IFB, 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:
(I) 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)
(6)
(7)
Debarment or suspension of the
Contractual Party by any
federal, state or other
governmental entity.
False certification pursuant to
paragraph (c) below.
Found in violation of a zoning
ordinance or any other city
ordinance or regulation and for
which the violation remains
noncompliant.
City of Miami
Bid No. 34026
(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
fumish 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.
B.
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.
Failure to begin the work under this
Contract within the time specified.
Page 5
E.
F.
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
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. No
guarantee is expressed or implied as to
quantities that will be purchased during
the contract period. The City is not
obligated to place an order for any given
amount subsequent to the award of this
bid. Said estimates may be used by the
City for purposes of determining the low
bidder meeting specifications. The City
reserves the right to acquire additional
quantities at the prices bid or at lower
prices, in this IFB.
City of Miami
Bid No. 34026
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
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.
(5)
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
(1) Bids will only be considered from
entities who are regularly engaged
in the business of providing the
Page 6
(2)
(4)
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. 34026
without
works
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.
1.36. 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 IIHI/PHI will be held
confidential;
5. Making Protected Health Information
(PHI) available to the customer;
6. Making PHI available to the customer
for review and amendment; and
Page 7
incorporating any amendments
requested by the customer;
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 famished
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 2"d Avenue, 9th
Floor, Miami, Florida 33130, 305-416-
1604.
The Bidder shall be responsible for
assuring that the insurance
City of Miami
Bid No. 34026
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
percent (10%) 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
51 percent of the City's total annual
dollar volume of all expenditures for all
goods and services to Black, Hispanic
and Women minority business
enterprises on an equal basis." A
minority business enterprise is defined as
a business firm "...in which at least 51
percent of said enterprise is owned by
Blacks, Hispanics, or Women and whose
management and daily business
operations are controlled by one or more
Blacks, Hispanics or Women."
To achieve the goal established by these
Ordinances, participation in providing
goods and services to the City by
minorities is being encouraged in a
number of ways. All bidders doing
business with the City are encouraged to
Page 8
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 of minority
participation, if properly
documented.
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.
1.49. NO INTEREST IN BIDDING
- If you do not wish to bid, please retum
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. clan iam i. II . 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,
City of Miami
Bid No. 34026
discrimination under any program or amount equal to one hundred percent
activity. (100%) of the contract price.
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
Page 9
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
"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.
City of Miami
Bid No. 34026
1.61. PROHIBITIONS - Contractor
represents and warrants to the City that it
has not employed or retained any person
or company employed by the. City to
solicit or secure this Contract and that it
has not offered to pay, paid, or agreed to
pay any person any fee, commission,
percentage, brokerage fee, or gift of any
kind contingent upon or in connection
with, the award of this Contract.
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
Page 10
event that such property is destroyed or
declared a total loss, the Contractor shall
be responsible for replacement value of
the property at the current market value,
less depreciation of the property if any.
1.64. PROVISIONS BINDING -
Except as otherwise expressly provided
in this Contract, all covenants, conditions
and provisions of this Contract shall be
binding upon and shall inure to the
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.
City of Miami
Bid No. 34026
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
ii. 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
Page 11
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
such parry'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 filing fee
shall be refunded to the protestor less any
costs assessed under subsection (e)
above. If the protest is denied, the filing
fee shall be forfeited to the city in lieu of
payment of costs for the administrative
proceedings as prescribed by subsection
(e) above.
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
City of Miami
Bid No. 34026
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 B.
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 C.
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 used.
All workmanship is to be first quality.
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
Page 12
D.
E.
F.
G.
H.
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
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
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.
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.
I. 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 Govemment.
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
City of Miami
Bid No. 34026
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.
Page 13
2.0 SPECIAL CONDITIONS
2.1. PURPOSE
It is the intention of the City of Miami to establish a three (3) year or thirty-six (36) months, 12,000
miles per year/36,000 total miles or 15,000 miles per year/45,000 total miles lease term contract
for 2008 Toyota Highlander Hybrid Limited (4Door with 3`d Row). The estimated leased vehicles
quantities is three (3) or more. However, the City of Miami does not guarantee, expressed or
implied, as to the quantities of leased vehicles, but does reserve the right to lease additional
vehicles on an as needed, when needed basis under the current bid leasing price of successful
bidder(s) until the Fall (September) of 2008.
2.2. DEADLINE FOR RECEIPT OF REQUEST FOR ADDITIONAL INFORMATION/
CLARIFICATION
Any request for additional information or clarification must be received by no later than the date
specified on the cover sheet of this solicitation. Bidders may fax or email their requests to the
attention of Glenn Marcos, Purchasing Director, at the City of Miami, Purchasing Department by
facsimile number: 305-416-1925 or e-mail: gmarcos@ ci.miami.fl.us.
2.3. TERM OF CONTRACT
The Lease Agreement shall commence upon the date of notice of award and shall be effective for
three years, subject to the availability of funds for succeeding fiscal years.
2.4. BIDDER'S MINIMUM QUALIFICATIONS
The following are the minimum qualifications bidders must possess in order to submit a bid.
Failure to meet the minimum qualifications listed below shall be cause for the City to deem
bidder's bid non -responsive. Bidder shall:
a) Be an authorized Toyota Dealer and have its facility/ies located within the City of Miami or
Miami -Dade County in order to expedite the delivery and services as specified within this
solicitation. The City reserves the right to visit the facility of bidder(s) to determine if bidder is
responsive to this IFB regarding its facility prior to bid award.
b) Be regularly engaged in the business of providing goods and services as described in this Bid;
that have a record of performance for a reasonable period of time; and that have sufficient
financial support, equipment and organization to insure that they can satisfactorily provide the
goods and/or services if awarded a Contract under the terms and conditions herein stated.
c) Not have any member, officer, or stockholder that is in arrears or is in default of any debt or
contract involving the City, is a defaulter surety otherwise, upon any obligation to the City, and/or
has failed to perform faithfully on any previous contract with the City.
d) Have no record of pending lawsuits or criminal activities, and have never been declared
bankrupt.
The term "equipment and organization" as used herein shall be construed to mean a fully
equipped and well established industry as determined by the proper authorities of the City of
Miami, Florida.
2.5. FIXED AND FIRM LEASE PRICE
Bidders are required to bid a fixed and firm lease price for a three (3) year or thirty-six (36)
months, 12,000 miles per year/36,000 total miles or 15,000 miles per year/45,000 total miles
lease term contract for 2008 Toyota Highlander Hybrid Limited (4Door with 3`d Row) .
2.6. METHOD OF AWARD
The method of award for this bid is to the lowest responsive, responsible bidder(s) offering the
lowest monthly and total vehicle leasing rate inclusive of security deposit, start-up fees, tag and
registration fees, miles penalty rate, and any other related fees and costs in the aggregate
deemed to be most advantageous and in the best interest of the City. The City of Miami reserves
the right to award this bid in the aggregate or on an item -by -item basis.
City of Miami
Bid No. 34026
Page 14
2.7. 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 Successful Bidder(s) or his assignee of such occurrence, shall have the unqualified right
to terminate the contract without any penalty or expense to the City.
2.8. DELIVERY AND/OR PICK-UP
Successful Bidder shall deliver or make available for pick-up the 2008 Toyota Highlander Hybrid
and/or 2008 Toyota Highlander Hybrid Unlimited within ten (10) days after receiving the purchase
order.
2.9. ACCEPTANCE AND BASIC WARRANTY
Acceptance shall be deemed to occur on the date of delivery or pick-up by an authorized City
representative unless Dealer is notified of non -acceptance within five (5) business days of the
date the vehicle is delivered or picked -up (hereinafter "Acceptance Date"). The manufacturer's
standard warranty period for all coverage shall begin on the Acceptance Date. All warranty
service shall be provided either directly by the manufacturer or through its authorized service
providers.
Manufacturer's warranties on vehicles covered by this contract shall be considered, whereas
successful bidder shall obtain warranty schedules and call upon manufacture for warranty claims.
2.10. CONDITION OF LEASED VEHICLES UPON DELIVERY OR PICK-UP
Each vehicle furnished under this contract shall be new, latest model, of good quality and in safe
operating condition, and shall comply with the Federal Motor Vehicle Safety Standards (49 CFR
571) and state safety regulations applicable to the vehicle. The City shall accept or reject the
vehicles promptly after delivery or pick-up. If the City determines that any vehicle furnished is not
in compliance with agreed to conditions of lease, the City shall promptly inform the Dealer in
writing of its findings. If the Dealer fails to replace the vehicle or correct the defects as required,
the City may (a) by contract or otherwise, correct the defect or (b) arrange for the lease of a
similar vehicle and shall charge or set off against the Dealer any costs incurred.
2.11. CLOSED -END LEASE
The responsibility of the City to the Dealer will include the payment of a firm fixed monthly lease
charge for each vehicle with set mileage with no adjustment for variation in actual depreciation.
Upon termination or expiration of leasing agreement, the entity will retum the vehicles to the
Dealer in such condition as defined in the "Return of Vehicles" or "Early Termination of Lease"
clauses.
2.12. SCHEDULE OF LEASE PAYMENTS
Dealer may provide in accordance with its normal practice a summary of information pertaining
to the Lease Vehicle including such information as the Lease Term, the make, model, year and
VIN number of the vehicle and the residual value of the Lease Vehicle. In no event will any of the
terms or conditions contained herein be diminished or otherwise modified by Dealer's standard
supplement or schedule.
2.13. VEHICLE LEASE BILLING AND PAYMENTS
Upon the submission of invoices or vouchers, the City shall pay for each vehicle at the rates
contracted for as a result of this bid solicitation. Invoice shall be mailed by the Dealer to the City
department, contact person, and address indicated on the purchase order. Payment shall accrue
from the date each vehicle is delivered, picked -up and accepted by the City Department, and
shall continue until the expiration of the contract term or the termination of this contract. However,
payment shall accrue only for the period that each vehicle is in the possession of the City.
Payment shall not accrue for any vehicle that the City determines does not comply with the terms
and conditions of the contract, until such time as the requirement of this solicitation are met, or
the vehicle is replaced or the defect is corrected.
2.14. ADVERTISING
City of Miami
Bid No. 34026
Page 15
No emblem, logo, tag or other device or design promoting the contracting firm may be affixed in
any manner to any vehicle furnished under this bid.
2.15. MARKING OF LEASED VEHICLES
The City may place nonpermanent markings or decals as appropriate, identifying the City of
Miami on any vehicle leased under this contract. No name other than the manufacturer's shall
appear on the vehicle. Upon return of the vehicle, any markings and/or decals shall be removed
by the City at the City's expense and restored to its original condition less normal wear and tear.
2.16. 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 bidders have a drug -free workplace program. In order to have a drug -
free workplace program, a business shall:
a. Publish a statement notifying employees that the unlawful manufacture, distribution,
dispensing, possession, or use of a controlled substance is prohibited in the workplace and
specifying the action that will be taken against employees for violations of such prohibition.
b. Inform employees about the dangers of drug abuse in the workplace, the business' policy of
maintaining a drug -free workplace, any available drug counseling, rehabilitation, and
employee assistance programs, and the penalties that may be imposed upon employees for
drug abuse violations.
c. Give each employee engaged in providing the commodities or contractual services that are
under Bid a copy of the statement specified in subsection (a.).
d. In the statement specified in subsection (a.), 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.
e. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or
rehabilitation program, if such is available in the employee's community, by any employee
who is so convicted.
f. Make a good faith effort to continue to maintain a drug -free workplace through
implementation of this section.
2.17. SERVICE AND FACILITIES
The successful bidder's service facility shall be located no more than within a twenty five (25)
mile radius from the boundaries of the City of Miami and shall provide reasonably prompt service
and/or repair the lease vehicles, as needed. Service and repair required due to ordinary wear,
mechanical malfunction or manufacturer defect shall be the complete responsibility of the
Successful Bidder. Other service and/or repair as may be required shall be covered by the
Successful Bidder. If the service and/or repair is estimated at two (2) hours or more, an
equivalent loaner vehicle shall be provided to the City until the vehicle is fully serviced and/or
repair.
2.18. TITLE, REGISTRATION AND INSURANCE OF VEHICLE
Vehicles shall be titled to Dealer throughout the term of the lease. Pursuant to the State's Vehicle
and Traffic Law, vehicles shall be registered and insured in the name of the City. Dealer shall
bear the costs of titling the vehicles. City shall be responsible for costs associated with registering
and insuring the vehicles. Dealer shall retain possession of the Lease Vehicle title.
2.19. CERTIFICATE OF TITLE
City of Miami
Bid No. 34026
Page 16
Should the Dealer require a change in the Certificate of Title, any costs incurred to implement the
change, shall be borne by the Dealer.
2.20. RETURN OF VEHICLES
At least thirty (30) days prior to the expiration or termination of the individual leasing agreements
entered into by the City pursuant to the established contract, the City will contact the Dealer to
determine whether the vehicle should be returned to the same place where delivery or pick-up
was accomplished or to a destination mutually agreeable to both parties. The Dealer shall be
responsible for performing an appraisal as to the condition of each vehicle prior to its removal
from City custody and shall fumish to the City a copy signed and dated by both the City
representative and the Dealer of each appraisal report. The City will assume full responsibility
for reconditioning the vehicles, excluding normal wear and tear as defined below, at its expense.
The City will not be responsible for damage not listed on the appraisal report. The City reserves
the right to obtain an independent appraisal, at the discretion of the City, to support the Dealer's
assessment of damages. Vehicles will be returned to the Dealer for this inspection no later than
five (5) days after termination or expiration of the lease for that vehicle. The City will be required
to surrender the vehicle to the Dealer either by delivering to the Dealer or having the Dealer pick-
up at the City's location no later than ten (10) calendar days after the termination of the lease.
For purposes of this lease, normal wear and tear is defined as those dents, dings, paint chips,
scratches, pitted, but not cracked windshields, and interior wear such as soiled carpets and seats
normally accrued to a motor vehicle over the period of actual months use in both rural and
metropolitan areas. In any event, the City liability for reconditioning vehicles acquired as a result
of this solicitation shall be limited to replacement of glass and exterior trim and repair to body
damage attributable to collision only, and to interior damage such as cut, torn, bumt materials, as
well as mechanical repairs. All tires must be returned with a minimum of 4/32 an inch of tread
remaining including the spare tire.
2.21. REASSIGNMENT OF VEHICLES
The City reserves the right to reassign these vehicles leased under this contract to other City
Departments or Agencies. The Dealer will be notified by the City Department who is reassigning
the vehicle.
2.22. ACCIDENTS/THEFTSNANDALISM
The City will notify the Contractor within three (3) business days of accident/theft/vandalism and
will arrange for repairs of accident/vandalism damage, including damage sustained to a stolen
vehicle during the period prior to recovery. The Dealer will not be required to provide a
replacement vehicle during the period the vehicle is out of service. If the vehicle is damaged
beyond repair or not recovered thirty (30) days after the date of theft, the Dealer will be
reimbursed the residual value of the vehicle based on the average of the wholesale and retail
price as listed in the current monthly edition of the NADA used car book at the time of the
theft/accident/vandalism in full satisfaction of any and all liabilities under the contract, provided
that the City's liability to pay the monthly cost shall cease as of the time of the
accident/theft/vandalism. The accrued lease cost for the month in which the
accident/theft/vandalism occurs shall be determined on a pro-rata monthly basis. The Dealer
shall provide the lessee documentation relating to all monies received from the salvage or other
disposition of such vehicles.
2.23. PAYMENT OF TRAFFIC FINES, TOWING CHARGES OR OTHER EXPENSES
The Dealer shall not be responsible for the payment of any fines or charges for traffic violations,
parking tickets, towing charges, or any other expenses resulting from the use of these vehicles.
2.24. FORCE MAJEURE
Vehicles damaged as a result of "Act of God" or natural disasters (i.e., hail storms, floods,
hurricanes, tropical storms, floods, riots, etc.) shall be repaired and paid for by the City.
2.25. OPERATORS MANUAL
The Contractor shall furnish one operator's manual with each vehicle.
2.26. MOTOR VEHICLE REGULATIONS
City of Miami
Bid No. 34026
Page 17
Each vehicle delivered shall comply with all applicable laws and regulations of the State of
Florida and the Federal Government in effect on the date of manufacture.
2.27. REBATES
The City has the right to determine the disposition of any rebates, settlements, restitution,
liquidated damages, etc. which arise from the administration of this contract.
2.28. EQUIPMENT
All items of standard equipment which are normally provided by the manufacturer shall be
furnished unless such items are expressly deleted or are specified to be other than standard.
When optional equipment is specified, all components listed in the manufacturer's data book as
being included with the option shall be furnished. All equipment must be OEM factory installed, if
available.
2.29. RECALLS
The Dealer must immediately notify the City of Miami of any recalls pertaining to leased vehicles.
2.30. INSPECTION AND ROAD TESTING
Any of the two vehicles, as a result of this Bid, failing inspection in any respect, such as, but not
limited to, meeting specifications, not in good condition, electrical or battery failures, engine or
mechanical problems, within a 500 miles of road testing or breaking period shall be replaced by
an equivalent vehicle. The City of Miami reserves the sole right to determine whether
replacement vehicle is an equivalent.
2.31. REFERENCES
Each bid must be accompanied by a list of references, which shall include the name of the
company, dates of contract, description of contract, a contact person and the telephone number.
NO BID WILL BE CONSIDERED WITHOUT THIS LIST (See Section 4.3, Page 2 of 2).
2.32. TERMINATION FOR DEFAULT
If Successful Bidder(s) defaults in its performance under this Contract and does not cure the
default within 30 days after written notice of default, the City Manager may terminate this
Contract, in whole or in part, upon written notice without penalty to the City of Miami. In such
event the Successful Bidder(s) shall be liable for damages including the excess cost of procuring
similar supplies or services: provided that if, (1) it is determined for any reason that the
Successful Bidder(s) was not in default or (2) the Successful Bidder(s) failure to perform is
without his/her or his/her subcontractor's control, fault or negligence, the termination will be
deemed to be a termination for the convenience of the City of Miami under Section 2.33.
2.33. TERMINATION FOR CONVENIENCE
The City Manager may terminate this Contract, in whole or in part, upon 30 days prior written
notice when it is in the best interests of the City of Miami. If this Contract is for supplies, products,
equipment, or software, and so terminated for the convenience by the City of Miami the
Successful Bidder(s) will be compensated in accordance with an agreed upon adjustment of cost.
To the extent that this Contract is for services and so terminated, the City of Miami shall be liable
only for payment in accordance with the payment provisions of the Contract for those services
rendered prior to termination.
2.34. ADDITIONAL TERMS AND CONDITIONS
No additional terms and conditions included with the bid response shall be evaluated or
considered, and any and all such additional terms and conditions shall have no force or effect
and are inapplicable to this bid. If submitted either purposely, through intent or design, or
inadvertently, appearing separately in transmittal letters, specifications, literature, price lists or
warranties, it is understood and agreed that the General and Special Conditions in this bid
solicitation are the only conditions applicable to this bid and that the bidder's authorized signature
affixed to the bidder's acknowledgment form attests to this.
City of Miami
Bid No. 34026
Page 18
3.0 SPECIFICATIONS
A three (3) year or thirty-six (36) months, 12,000 miles per year/36,000 total miles or 15,000 miles per
year/45,000 total miles lease term contract for 2008 Toyota Highlander Hybrid Limited (4Door with 3`d
Row).
The following specifications are for the 2008 Toyota Highlander Hybrid Limited:
Color Requirements
1 Exterior Color - Black
✓ Interior Color - Ash Cloth
The City reserves the right to change exterior/interior colors or fabric listed above at no additional
charge.
Gasoline En ine
1 3.3-liter double overhead cam (DOHC), 24-valve VVT-i V6
209 hp (155 kW) @ 5600 rpm, 212 lb.-ft. @ 3600 rpm
✓ Emission rating- Super Ultra Low Emission Vehicle (SULEV)
✓ Evaporative emission certification- Zero evaporation
Electric Motor
1 Function- Drive front wheels, regeneration during braking
✓ Motor type- Permanent magnet motor
✓ Power output-167 hp (123 kW) @ 4500 rpm
1 Maximum torque- 247 lb.-ft. @ 0-1500 rpm
1 Maximum voltage- AC 650V
Rear Electric Motor (4WD-i models)
✓ Function- Drive rear wheels, regeneration during braking
✓ Motor type- Permanent magnet motor
1 Power output- 67 hp (50 kW) @ 4610-5120 rpm
1 Maximum torque- 96 lb.-ft. @ 0-610 rpm
1 Maximum voltage- AC 650V
Traction Battery
1 Type- Sealed Nickel Metal Hydride (Ni-MH)
✓ Maximum power output- 45 kW
✓ Voltage- 288V
City of Miami
Bid No. 34026
Page 19
Hybrid System Net Power
✓ 270 hp (201 kW)
Performance (2WD/4WD-i)
✓ 0-60 mph in 8.1 seconds
✓ Top track speed (electronically limited) of 112 mph/112 mph
Ignition system
✓ Electronic, with Toyota Direct Ignition (TDI)
Transmission
✓ Hybrid models: Electronically controlled continuously variable transmission (ECVT) w/ECON mode
✓ EV mode
Body construction
✓ Reinforced unitized body
Drive train
✓ Front engine electronic on -demand 4-wheel drive with intelligence (4WD-i)
Suspension
✓ 4-wheel independent MacPherson strut suspension with front and rear stabilizer bars (sport -tuned
suspension on Sport 4WD models)
Steering
✓ Electric power steering (EPS) -- rack-and-pinion with power -assist
Turning circle diameter, curb to curb (ft.)
✓ 39.0
Coefficient of Drag (2WD/4WD)
✓ .34
Brakes
✓ Electronically Controlled Braking System (ECB) with regenerative control and incorporating Anti -lock
Brake System (ABS), Electronic Brake -force Distribution (EBD), Brake Assist and Vehicle Dynamics
Integrated Management (VDIM)
Exterior Dimensions (in.)
✓ Overall length/width/- 188.4/
✓ unloaded height with- 75.2/
✓ roof rails/without roof rails — 69.3/NA
✓ Wheelbase -109.8
✓ Track (front/rear)- 2WD: 64.0/64.0; 4WD: 64.0/64.0
City of Miami
Bid No. 34026
Page 20
Exterior Features
✓ Multi -reflected halogen headlamps with auto on/off feature
✓ Blue -tinted headlamp and tail Tamp bezels
✓ Integrated fog lamps
✓ Color -keyed foldable power outside mirrors
✓ Puddle lamp exterior entry illumination
✓ Silver -painted grille
✓ Unique hybrid grille with chrome surround
✓ Chrome door handles
✓ UV reduction glass windshield
✓ Privacy glass throughout vehicle (Darkest shade of black allowed per Florida Law)
✓ Washer -linked variable intermittent windshield wipers
✓ 19-in. 10-spoke aluminum alloy wheels with P245/55R19 tires and full-size spare tire on alloy wheel
✓ Silver -painted roof rails
✓ Rear window with electric defogger and intermittent wiper
✓ Rear glass hatch
✓ Color -keyed sport -style rear spoiler with LED center high -mount stop lamp (CHMSL)
✓ Power rear door with jam protection
✓ Electronic On -Demand 4-wheel drive with intelligence (4WD-i)
✓ Power tilt/slide moonroof with sunshade
✓ In -glass antenna with FM diversity reception
✓ Hybrid Towing Prep Package -includes 3,500 Ib. towing capacity, heavy-duty radiator, 240-watt fan
coupling, transmission oil cooler with water cooler and pre -wired harness
✓ Cold Weather Package- includes heated power outside mirrors and windshield wiper de-icer grid
Interior Dimensions front/middle/rear (in.)
✓ Head room- 40.6/39.8/36.3
✓ with moonroof- 39.7/39.8/36.3
✓ Shoulder room- 59.7/59.3/55.0
✓ Hip room- 56.7/56.3/42.3
✓ Leg room- 43.2/38.4/29.9
✓ Seating capacity- 7
Interior Features
✓ Front defroster -linked CFC-free dual zone automatic digital climate control system with air filter
✓ CFC-free rear automatic digital climate control system with integrated multi -function display, air filter
and rear vents for second and third row seats
✓ Voice activated DVD Navigation System with JBL AM/FM 4-disc in -dash CD Changer, satellite radio
capability, MP3/WMA playback capability, hands -free phone
✓ Auxiliary audio jack
✓ 3.5 inch multi -function display- includes back-up monitor, clock, outside temperature, cruise
information (avg. fuel economy, avg. speed, distance to empty, current fuel economy, and trip timer),
warning messages and air conditioning
✓ Power windows with driver auto up/down with jam protection
✓ Power door lock with auto shifter activation
✓ Remote keyless entry system
✓ Smart Key System with push button start and remote illuminated entry
✓ Fabric -trimmed power multi -adjustable driver's seat, manual multi -adjustable front passenger seat with
4-way adjustable headrests and setback pockets
✓ Fabric -trimmed 40/20/40 second row seat with armrest on outboard seats, fold -flat, recline, fore/aft
slide adjustment, one touch right hand walk-in function, plus Center Stow seat and Center Stow
console
✓ Fabric trimmed third -row seat with fold flat into floor capability and folding headrests
✓ Birch wood grain style interior trim with silver finish and chrome door handle accents
City of Miami
Bid No. 34026
Page 21
✓ Tilt/telescopic adjustable steering wheel
✓ Leather wrapped steering wheel with audio and multi -information display controls
✓ Leather wrapped shift knob with birch wood grain style inlay
✓ Cruise control
✓ Optitron blue -illuminated instrument meters with speedometer, Hybrid system indicator, power meter,
ready indicator, transmission shift indicator, engine coolant temperature and fuel gauge meters; LCD
odometer with twin trip meters; seatbelt disconnect, airbag, battery (12V) and high -voltage battery,
master warning indicator, EV mode, ECON mode indicator, oil pressure, electronically controlled
braking indicator, VSC, ABS, check engine, scheduled maintenance indicator, and low fuel level
warning lights
✓ Digital clock
✓ Illuminated entry system
✓ Overhead console with maplights and conversation mirror
✓ Center console with six cup holders, storage compartments and second row seat vents
✓ Dual sun visors with vanity mirrors and sliding extensions
✓ Illuminated vanity mirrors
✓ Auto -dimming rearview mirror with compass
✓ Remote hood and fuel filler door releases
✓ Second row personal reading lamps
✓ Two front and one cargo area 12V auxiliary power outlets
✓ Cargo area tonneau cover
✓ Cargo area second row seat one touch fold flat levers
Curb weight (Ib.)
✓ 4WD-i: 4641
Gross Vehicle Weight Rating — GVWR (Ib.)
✓ 4WD-i: 6000
Towing capacity (Ib.)
✓ 4WD-i: 3,500
Passenger volume (cu. ft.) (with third row)
✓ 145.4 (N/A)
Cargo volume (cu. ft.) behind front/middle/rear seats
✓ 94.1/42,3/10.3
Fuel capacity (gal.)
✓ 17.2
Tires
✓ Size -Standard- P245/55R19
Type
✓ All -Season steel -belted radial blackwalls
Spare
✓ Full-size
City of Miami
Bid No. 34026
Page 22
EPA Mileage Estimates (mpg city/highway/combined)
✓ 27/25/26
Safety Features
✓ Star Safety System with Vehicle Dynamics Integrated Management (VDIM), includes Vehicle Stability
Control (VSC) with cutoff switch & traction control (TRAC), anti -lock brake system (ABS) with
electronic Brake -Force Distribution (EBD) and brake assist
1 Driver and front passenger Advanced Airbag System
1 Driver and front passenger front seat mounted side airbags
✓ Three -row roll -sensing side curtain airbags
✓ Driver's knee airbag
✓ Active headrests
✓ Direct tire pressure monitor system
✓ Hill start assist control
✓ Front and rear energy absorbing crumple zones
✓ Side impact door beams
✓ Energy dissipating interior trim
✓ Driver and front passenger seatbelt warning sensor
✓ 3-point shoulder belts in all seating positions
1 Adjustable shoulder belt anchors for front and seating positions
✓ Emergency locking retractor on driver's belt, automatic/emergency locking retractors on all passenger
belts
1 Front seatbelt pretensioners with force limiters
1 Second -row child restraint system top tether anchors for seating positions and ISO -FIX child restraint
system anchors for outboard seating positions
✓ Child protector rear door locks
✓ Collapsible steering column
✓ Collision sensors to deactivate high voltage battery
✓ Engine immobilizer
1 Daytime running lights
City of Miami
Bid No. 34026
Page 23
4.0 BID RESPONSE FORM
4.1. Certification Statement (Page 1 of 3)
Please quote on this form(s) net prices for the item(s) listed. Return signed original and retain a
copy for your files. Prices should include all costs, including transportation to destination. The
City reserves the right to accept or reject all or any part of this bid. Prices should be firm for a
minimum of 120 days following the time set for opening of the bids.
In the event of errors in extension of totals, the unit prices shall govern in determining the
quoted prices.
We (I) certify that we have read your Invitation for Bids, completed the necessary documents,
and propose to furnish and deliver, F.O.B. DESTINATION, the items or services specified
herein.
The undersigned hereby certifies that neither the contractual party nor any of its principal
owners or personnel have been convicted of any of the violations, or debarred or suspended as
set in section 18-107 or Ordinance No. 12271.
All exceptions to this bid have been documented in the section below (refer to paragraph and
section).
EXCEPTIONS:
Payment Terms: 2% 10 days_ Net 30 days
Delivery or Completion of project will be made within 5 calendar days after receipt of purchase
order.
We (I) certify that any and all information contained in this bid is true; and we (I) further certify
that this bid is made without prior understanding, agreement, or connection with any
corporation, firm, or person submitting a bid for the same materials, supplies, equipment, or
service, and is in all respects fair and without collusion or fraud. We (I) agree to abide by all
terms and conditions of this IFB and certify that I am authorized to sign this bid for the bidder.
Please print the following and sign your name:
NAME OF BIDDER:
ADDRESS:
PHONE: FAX:
EMAIL: BEEPER:
SIGNED BY:
TITLE: DATE:
FAILURE TO COMPLETE, SIGN, AND RETURN THIS FORM SHALL DISQUALIFY THIS BID.
City of Miami
Bid No. 34026
Page 24
Bid Response Form - Certification Statement (Page 2 of 3)
CERTIFICATE OF AUTHORITY
(IF CORPORATION)
I HEREBY CERTIFY that at a meeting of the Board of Directors of
, a corporation organized and existing under
the laws of the State of , held on the day of , a
resolution was duly passed and adopted authorizing (Name) as
(Title) of the corporation to execute bids on behalf of the corporation
and providing that his/her execution thereof, attested by the secretary of the corporation, shall
be the official act and deed of the corporation. I further certify that said resolution remains
in full force and effect.
IN WITNESS WHEREOF, I have hereunto set my hand this , day of
20
Secretary:
Print:
CERTIFICATE OF AUTHORITY
(IF PARTNERSHIP)
I HEREBY CERTIFY that at a meeting of the Board of Directors of
, a partnership organized and existing under
the laws of the State of , held on the day of , a
resolution was duly passed and adopted authorizing (Name) as
(Title) of the to execute bids on behalf of the partnership and provides
that his/her execution thereof, attested by a partner, shall be the official act and deed of the
partnership.
I further certify that said partnership agreement remains in full force and effect.
IN WITNESS WHEREOF, I have hereunto set my hand this , day of
20
Partner:
Print:
CERTIFICATE OF AUTHORITY
(IF JOINT VENTURE)
Joint venturers must submit a joint venture agreement indicating that the person signing this bid
is authorized to sign bid documents on behalf of the joint venture. If there is no joint venture
agreement each member of the joint venture must sign the bid and submit the appropriate
Certificate of Authority (corporate, partnership, or individual).
City of Miami
Bid No. 34026
Page 25
Bid Response Form - Certification Statement (Page 3of 3)
CERTIFICATE OF AUTHORITY
(IF INDIVIDUAL)
I HEREBY CERTIFY that, I (Name) , individually and doing
business as (d/b/a) (If Applicable) have
executed and am bound by the terms of the bid to which this attestation is attached.
IN WITNESS WHEREOF, I have hereunto set my hand this , day of
,20 .
Signed:
Print:
STATE OF
) SS:
COUNTY OF )
The foregoing instrument was acknowledged before me this day of
20 , by , who is personally known to me or who has
produced as identification and who (did / did not) take an
oath.
SIGNATURE OF NOTARY PUBLIC
STATE OF FLORIDA
PRINTED, STAMPED OR TYPED
NAME OF NOTARY PUBLIC
City of Miami
Bid No. 34926
Page 26
4.2. BID FORM
Bidder shall bid on a three (3) year or thirty-six (36) months, 12,000 miles per year/36,000 total miles or
15,000 miles per year/45,000 total miles lease term contract for 2008 Toyota Highlander Hybrid Limited
(4Door with 3rd Row) vehicle per the specifications described under Section 3.0.
Leasing Package- (3) year or thirty-six (36) months, 12,000 miles per year/36,000 total miles
The City reserves the right to change exterior/interior colors or fabric listed above at no additional
charge.
Monthly Leasing Rate $ /mo x 36 months =$
Security Deposit =$
Start-up Fees =$
Tag and Registration Fees =$
Miles Penalty Rate =$
List Other Related Fees =$
=$
=$
_$
SUB TOTAL =$
AND/OR
Leasing Package- (3) year or thirty-six (36) months, 15,000 miles per year/45,000 total miles
The City reserves the right to change exterior/interior colors or fabric listed above at no additional
charge.
Monthly Leasing Rate $ /mo x 36 months =$
Security Deposit =$
Start-up Fees =$
Tag and Registration Fees =$
Miles Penalty Rate =$
List Other Related Fees =$
_$
=$
_$
_$
SUB TOTAL =$
TOTAL _$
Indicate whether you can offer a better mileage package: 3 years/ 000 miles.
Location of Service Facility:
BIDDER: Authorized Signature:
(company name) Title:
FAILURE TO COMPLETE, SIGN, AND RETURN THIS FORM SHALL DISQUALIFY THIS BID.
City of Miami Page 27
Bid No. 34026
4.3. Qualification Statement (Page 1 of 2)
INSTRUCTIONS:
This questionnaire is to be included with your bid. Do not leave any questions unanswered. When the question
does not apply, write the word(s) "None", or "Not Applicable", as appropriate. Please print.
COMPANY NAME:
COMPANY OFFICERS:
President
Secretary Treasurer
COMPANY OWNERSHIP:
Vice President
LICENSES:
1. County or Municipal Occupational License No.
(attach copy with bid)
% of ownership
% of ownership
% of ownership
% of ownership
2. Occupational License Classification
3. Occupational License Expiration Date:
4. Metro -Dade County Certificate of Competency No._,_
(attached copy if requested in Bid or RFP)
5. Social Security or Federal I.D. No.,
EXPERIENCE:
6. Number of Years your organization has been in business:
7. Number of Years experience BIDDER/PROPOSER (person, principal of firm, owner) has had in operation
of the type required by the specifications of the Bid or RFP:
8. Number of Years experience BIDDER/PROPOSER (firm, corporation, proprietorship) has had in
operation of the type required by the specifications of the Bid or RFP:
City of Miami
Bid No. 34026
Page 28
Bid Response Form — Qualification Statement (Page 2 of 2)
Experience Record: List references who may be contacted to ascertain information on past and/or present
contracts, work, jobs, that BIDDER/PROPOSER has performed of a type similar to that required by
specifications of the City's Bid or RFP with whom you have done business with in the past three (3) years:
AGENCY/FIRM NAME/ADDRESS DATE(S) OF CONTRACT DESCRIPTION OF CONTRACT
CONTACT PERSON:
PHONE NO.:
AGENCY/FIRM NAME/ADDRESS DATE(S) OF CONTRACT DESCRIPTION OF CONTRACT
CONTACT PERSON:
PHONE NO.:
AGENCY/FIRM NAME/ADDRESS DATE(S) OF CONTRACT DESCRIPTION OF CONTRACT
CONTACT PERSON: PHONE NO.:
AGENCY/FIRM NAME/ADDRESS DATE(S) OF CONTRACT DESCRIPTION OF CONTRACT
CONTACT PERSON: PHONE NO.:
FAILURE TO FULLY COMPLETE, AND RETURN THIS FORM MAY DISQUALIFY YOUR BID.
City of Miami
Bid No. 34026
Page 29
4.4. MINORITY/WOMEN BUSINESS AFFAIRS REGISTRATION AFFIDAVIT
Please Check One Box Only [ ] Hispanic [ ] Female [ ] Black [ ] Not Applicable
If business is not 51% minority/female owned , affidavit does not apply. If not applicable, notarization is not required.
I (We), the undersigned agree to the following conditions:
1) that we have read Section 2.25 of the General Terms and meet the fifty-one percent (51%) ownership and
management requirement for minority/women registration status and will abide by all of the policies and
regulations governing the City of Miami Minority and Women Business Enterprise Procedures;
2) that if at any time information submitted by the undersigned applicant in his/her Bidder Application should
prove to be false, inaccurate, or misleading, applicant's name will be struck from the City of Miami's
Master Bidder list with no further consideration given to this applicant;
3) that the City of Miami maintains the right, through award of bid/contract, to revoke the award, should it be
found that false, inaccurate or misleading information or a change in the original information have
occurred;
4) to notify the City of Miami within thirty (30) days of any change in the firm's ownership, control,
management or status as an ongoing minority/women business concern as indicated on the Bidder
Application, and that the City of Miami, upon a finding to the contrary, may render a firm's registration
with the City null and void and cease to include that firm in its registered list of minority and women -
owned businesses;
5) that the City of Miami has a right to diligently verify all information submitted by applicant in his/her
Bidder Application to monitor the status of the Minority/Women Business Enterprise, once registered;
6) that the City of Miami may share a firm's registration information concerning its minority/women status
and its capability with other municipal or state agencies for the sole purpose of accessing the firm to their
procurement opportunities, unless otherwise specified by the firm in writing.
I (We) certify under the penalties of perjury that the information contained in any and all application documents
submitted to the City of Miami is correct as per Ordinance No. 10062 as amended.
Firm Name:
(If signing as a corporate officer, kindly affix corporate seal)
(Name, Title & Date) (Name, Title & Date)
This application must be signed by at least one general partner of a partnership or the proprietor of a sole
proprietorship or all partners of a joint venture.
NOTARIZATION
COUNTY, SS
COUNTY OF DADE
That: personally appeared before me and
acknowledged the foregoing instrument as his/her act and deed.
That he/she has produced
Date:
as identification.
NOTARY PUBLIC:
My Commission Expires:
FAILURE TO COMPLETE, SIGN, AND RETURN THIS FORM MAY DISQUALIFY THIS BID.
City of Miami
Bid No. 34026
Page 30
4.5. SAMPLE OF AFFIRMATIVE ACTION POLICY for EQUAL EMPLOYMENT
OPPORTUNITY
AFFIRMATIVE ACTION/
EQUAL EMPLOYMENT OPPORTUNITY - POLICY STATEMENT
It is the policy of (Company Name) to base its hiring and promotions on merit, qualifications and competency and
that its personnel practices will not be influenced by an applicant's or employee's race, color, place of birth,
religion, national origin, sex, age, marital status, veteran and handicapped status.
One of the management duties of all principals at (Company Name) is to ensure that the following personnel
practices are being satisfied:
1. Take every necessary affirmative action to attract and retain qualified employees, regardless of race, color,
place of birth, religion, national origin, sex, age, marital status, veteran and handicapped status.
2. Maintain equitable principles in the recruitment, hiring, training, compensation and promotion of employees.
3. Monitor and review personnel practices to guarantee that equal opportunities are being provided to all
employees, regardless of race, color, place of birth, religion, national origin, sex, age, marital status, veteran
and handicapped status.
(Company Name) is committed to take affirmative action and aggressively pursue activities that will serve to
enable all employees and applicants opportunities available throughout this organization.
Clearly, the above actions cannot be accomplished as a secondary duty for any individual, despite the full support of
management. And so, to monitor our efforts, (Company Name) has assigned one of its principals as the
Affirmative Action Director to monitor all activities of this program.
Employees may contact (Name of assigned principal) at (telephone number) regarding this Affirmative Action
Policy.
DATE:
(SIGNATURE/TITLE):
FAILURE TO COMPLETE, SIGN, AND RETURN THIS FORM MAY DISQUALIFY THIS BID.
City of Miami
Bid No. 34026
Page 31
4.6. OFFICE LOCATION AFFIDAVIT
Please type or print clearly. This Affidavit must be completed in full, signed and notarized ONLY if your office is located within the
corporate limits of the City of Miami.
Legal Name of Firm:
Corporation Doc. No:
Entity Type: (check one box only) [] Partnership
[] Sole Proprietorship [] Corporation
Date Established: Occupational License No:
Office Location of the bidder/proposer:
PRESENT
Street Address:
Date of Issuance:
City:
PREVIOUS
Street Address:
City:
State:
State
How long at this location:
How long at this location:
According to Ordinance No. 12271 (Section 18-85):
The City Commission may offer to a responsible and responsive local 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 percent (10%) in excess of the lowest other
responsible and responsive bidder.
The intention of this section is to benefit local bona fide bidders/proposers to promote economic development within the corporate limits
of the City of Miami.
I (we) certify, under penalty of perjury, that the office location of our firm has not been established with the sole purpose of obtaining the
advantage granted bona fide local bidders/proposers by this section.
Authorize Signature
Print Name
Title
Authorize Signature
Print Name
Title
(Must be signed by the corporate secretary of a Corporation or one general partner of a partnership or the proprietor of a sole proprietorship or all
partners of a joint venture.)
STATE OF FLORIDA, COUNTY OF DADE
[) Personally known to me; or
Subscribed and Sworn before me that this is a true statement this day of 199_ [) Produced identification:
Notary Public, State of Florida My Commission expires
Printed name of Notary Public
Please submit with your bid copies of Occupational License, professional and/or trade License to verify local status. The City of Miami
also reserves the right to request a copy of the corporate charter, corporate income tax filing return and any other documents(s) to verify
the location of the firm's office.
City of Miami
Bid No. 34026
Page 32
4.7. STATEMENT OF NO BiD
NOTE: If you do not intend to submit a bid on this commodity or service, please return this form in the bid
envelope on or before bid opening. 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.
Office of the City Clerk
3500 Pan American Drive
Miami, FL 33131-5504
We, the undersigned, have declined to submit a bid on your Bid No. 34026 for Lease of 2008 Toyota
Highlander Hybrid Limited Vehicles for the following reasons:
Specifications too "tight", i.e., geared toward one brand or manufacturer only (explain below),
Insufficient time to respond to the Invitation for Bids
We do not offer this product or service.
Our schedule would not permit us to perform.
We are unable to meet specifications.
We are unable to meet bond requirements.
Specifications are unclear (explain below).
We are unable to meet insurance requirements.
Remove us from your bidders' list for this commodity or service.
Other (specify below).
Remarks:
We understand that if this statement is not completed and returned, our company may be deleted from the City of
Miami bidders' list for this commodity or service.
Company Name:
Signature:
Title:.
Telephone:...
Date:
A completed vendor application should be returned with this form if vendor has not previously submitted an
application and secured a vendor number from the City.
City of Miami
Bid No. 34026
Page 33
4.8. STATEMENT OF INTENT TO COMPLY WITH ORDINANCE NO. 10032
Bidder certifies that (s)he has read and understood the provisions of City of Miami Ordinance No. 10032, pertaining
to the implementation of a "First Source Hiring Agreement".
Bidder will complete and submit the following questions as part of the IFB. Evaluation of bidder's responsiveness
to Ordinance No. 10032 may be a consideration in the award of a contract.
Violations of this Ordinance may be considered cause for annulment of a contract between the successful bidder and
the City of Miami.
A. Do you expect to create new positions in your company in the event your company was awarded this contract
by the City?
Yes No
B. In the event your answer to Question "A" is yes, how many new positions would you create to perform this
work?
C. Please list below the title, rate of pay, summary of duties, number of positions, and expected length or duration
of all new positions which might be created as a result of this award of contract.
POSITION/TITLE
EXPECTED
ATE OF PAY NUMBEROF LENGTH OR
`POSITIONS aurlY�ee�.�DUTIES .,. ,;: : `� _.DURATION,.�
(Use additional sheets if necessary)
COMPANY NAME:
SIGNATURE/TITLE:
DATE:
FAILURE TO COMPLETE, SIGN, AND RETURN THIS FORM MAY DISQUALIFY THIS BID.
City of Miami
Bid No. 34026
Page 34
4.11 BID RESPONSE CHECK LIST
This checklist is provided to help you conform to all requirements stipulated in this IFB.
1. Bid Certification Form (Form 4.1.)
This form must be completed and signed to validate your bid
2. Bid Form- (Form 4.2.)
This form must be completed and signed by bidder
3. Bidder Qualification Statement (Form 4.3.)
This form should be completed in its entirety to verify the capability of
bidder to perform/deliver the services/goods specified in the IFB
4. Minority/Women Business Affairs Registration Affidavit, if
applicable (Form 4.4.)
Must be completed only if one or more of the owners in the business
enterprise is at least 51% owned by a Black, Hispanic or Female.
5. Affirmative Action Policy for Equal Employment Opportunity
(Form 4.5.)
Should be completed by Bidder.
6. Office Location Affidavit, if applicable (Form 4.6.)
Section 18-85 of City Ordinance No. 12271, 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 percent (10%) in excess of the lowest other
responsible and responsive bidder. (Must be signed and notarized by
the local bidder, only for use in attesting office location). The City
reserves the right to verify local status.
7. Statement of No Bid, only if applicable (Form 4.7.)
If you do not intend to submit a bid on this commodity or service,
please return this form in the bid envelope on or before bid opening. If
the "Statement of No Bid" form is not completed and returned, your
company may be deleted from the City of Miami bidder's list for this
commodity or service.
8. Statement of Compliance with Ordinance 10032 (Form 4.8.)
This form must be completed and signed by bidder
9. Operators Manual
To be submitted with your bid.
10. Standard Manufacturer's Warranty
To be submitted with your bid.
11. Copy of Occupational License
Copy to be included with Bid.
TO BE SUBMITTED AS PART OF YOUR BID RESPONSE.
City of Miami
Bid No. 34026
Page 35
Required to be
Submitted with
Bid
Yes ®No❑
Yes ®No❑
Yes ►Z4 No ❑
Yes ® No ❑
Yes ®No❑
Yes ®No❑
Yes ®No❑
Yes ®No❑
Yes ®No❑
Yes Z No ❑
Yes ® No ❑