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HomeMy WebLinkAboutInvitation for BidBuyer E-Mail Address: Buyer Facsimile: City of Miami Invitation- for Bid (IFB) Purchasing Department Miami Riverside Center 444 SW 2"4 Avenue, 6'" Floor Miami, Florida 33130 Web Site Address: http:l/ci.miami.fl.us/procurement IFB Number: 198158,2 Title: Invitation For Bid for City of Miami Rental of Vehicles- Citywide Issue Date/Time: 21-SEP-2010 IFB Closing Date/Time: .28-SEP 2010 @ 14:00:00 Pre -Bid Conference: Pre -Bid Date/Time: Pre -Bid Location: Deadline for Request for Clarification: Tuesday, August 31, 2010 at 3:00 PM Buyer: Byrnes, Terry Hard Copy Submittal Location: City of Miami- City Clerk 3500 Pan American Drive Miami FL 33133 US tbyrnes@ci.miami.fl.us (305) 400-5230 Page 1 of 49 Certification Statement Please quote on this form, if applicable, 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 submission. Prices should be firm for a minimum of 120 days following the time set for closing of the submissions. 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 solicitation, 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 submission have been documented in the section below (refer to paragraph and section). EXCEPTIONS: We (I) certify that any and all information contained in this submission is true; and we (I) further certify that this submission is made without prior understanding, agreement, or connection with any corporation, firm, or person submitting a submission for the same materials, supplies, equipment, or service, and is in all respects fair and without collusion or fraud. We (I) agree to abide by all terms and conditions of this solicitation and certify that I am authorized to sign this submission for the submitter. Please print the following and sign your name: SUPPLIER NAME. ADDRESS • PHONE: FAX. EMAIL BEEPER - SIGNED BY• TITLE: DA 1 E • FAILURE TO COMPLETE. SIGN. AND RETURN THIS FORM SHALL DISOUALIFY THIS BID. Page 2 of 49 Certifications Legal Name of Firm: Entity Type: Partnership, Sole Proprietorship, Corporation, etc. Firm Address, City, State, Zip, Phone: Office Location: City of Miami, Miami -Dade County, or Other Occupational License Number: Occupational License Issuing Agency: Occupational License Expiration Date: Respondent certifies that (s) he has read and understood the provisions of City of Miami Ordinance No. 10032 (Section 18-105 of the City Code) pertaining to the implementation of a "First Source Hiring Agreement.": (Yes or No) Do you expect to create new positions in your company in the event your company was awarded a Contract by the City? (Yes or No) In the event your answer to question above is yes, how many new positions would you create to perform this work? Please list 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 a Contract. Will Subcontractor(s) be used? (Yes or No) Page 3 of 49 If subcontractor(s) will be utilized, provide their name, address and the the portion of the work they will be responsible for under this contract (a copy of their license(s) must be submitted with your bid response): Service Total Contract Amount( which includes base term and renewal options): Is this service contract a citywide contract? (Yes or No) If the above answer is no, please indicate the name of the city (end user) department that your contract will serve: Provide brief description of the project or service to be provided I/We hereby state compliance with the City of Miami Living Wage Ordinance, Section 18-556 through Section 18-559 as summarized in Section 1.40 of the General Terms and Condtions? (Yes or No) Please list and acknowledge all addendum/addenda received. List the addendum/addenda number and date of receipt (i.e. Addendum No. 1, 7/1/07). If no addendum/addenda was/were issued, please insert N/A. Reference No. 1: Name of Company/Agency for which bidder is currently providing the services/goods as described in this solicitation, or has provided such services/goods in the past: Reference No. 1: Address, City, State, and Zip for above reference company/agency listed: Reference No. 1: Name of Contact Person and Telephone Number for above reference no. 1 Reference No. 1: Date of Contract or Sale for above reference no. 1 Reference No. 2: Name of Company/Agency for which bidder is currently providing the services/goods as described in this solicitation, or has provided such services/goods in the past: Page 4 of 49 Reference No. 2: Address, City, State, and Zip for above reference company/agency listed: Reference No. 2: Name of Contact Person and Telephone Number for above reference no. 2 Reference No. 2: Date of Contract or Sale for above reference no. 2 Reference No. 3: Name of Company/Agency for which bidder is currently providing the services/goods as described in this solicitation, or has provided such services/goods in the past: Reference No. 3: Address, City, State, and Zip for above reference company/agency listed: Reference No. 3: Name of Contact Person and Telephone Number for above reference no. 3 Reference No, 3: Date of Contract or Sale for above reference no. 3 Page 5 of 49 Line: 2 Description: GROUP A: Bidder must bid on Category 1 in order to be considered responsive for award of Group A.Category 1: Compact Sedans (2 & 4 Doors) with Commercial Insurance for Years 1 & 2: Category: 97514-00 Unit of Measure: Week Unit Price: $ Line: 3 Number of Units: 1 Total: $ Description: GROUP A: Bidder must bid on Category 1 in order to be considered responsive for award of Group A.Category 1: Compact Sedans (2 & 4 Doors) with Commercial Insurance for Years 1 & 2: Category: 97514-00 Unit of Measure: Day Unit Price: $ Line: 4 Number of Units: 1 Total: $ Description: GROUP A: Bidder must bid on Category 1 in order to be considered responsive for award of Group A.Category 1: Compact Sedans (2 & 4 Doors) with Commercial Insurance for Years 1 & 2: Category: 97514-00 Unit of Measure: Month Unit Price: $ Line: 5 Number of Units: 1 Total: $ Description: GROUP A: Bidder must bid on Category 1 in order to be considered responsive for - award -of -Group A:Category 1: -Compact Sedans-(2 &-4Doors) with -Commercial Insurance for -. Years 3 & 4: Category: 97514-00 Unit of Measure: Week Page 6 of 49 Unit Price: $ Number of U Line: 6 s: 1 Total: $ Description: GROUP A: Bidder must bid on Category 1 in order to be considered responsive for award of Group A. Category 1: Compact Sedans (2 & 4 Doors) with Commercial Insurance for Years 3 & 4: Category: 97514-00 Unit of Measure: Day Unit Price: Line: 7 Number of Units: 1 Total: $ Description: GROUP A: Bidder must bid on Category 1 in order to be considered responsive for award of Group A.Category 1: Compact Sedans (2 & 4 Doors) with Commercial Insurance for Years 3 & 4: Category: 97514-00 Unit of Measure: Month Unit Price: $ Line: 9 Number of Units: 1 Total: $ Description: GROUP A: Bidder must bid on Category 2 in order to be considered responsive for award of Group A. Category 2: Mid -Size Sedans (2 & 4 Doors): with Commercial Insurance for Years 1 & 2: Category: 97514-00 Unit of Measure: Week Unit Price: $ Line: 10 Number of Units: 1 Total: $ Description: GROUP A: Bidder must bid on Category 2 in order to be considered responsive for award of Group A. Category 2: Mid -Size Sedans (2 & 4 Doors): with Commercial Insurance for Years 1 & 2: Page 7 of 49 Category: 97514-00 Unit of Measure: Day Unit Price: $ Line: 11 Number of Units: 1 Total: S Description: GROUP A: Bidder must bid on Category 2 in order to be considered responsive for award of Group A. Category 2: Mid -Size Sedans (2 & 4 Doors): with Commercial Insurance for Years 1 & 2: Category: 97514-00 Unit of Measure: Month Unit Price: $ Line: 12 Number of Units: 1 Total: $ Description: GROUP A: Bidder must bid on Category 2 in order to be considered responsive for award of Group A.Category 2: Mid -Size Sedans (2 & 4 Doors): with Commercial Insurance for Years 3 & 4: Category: 97514-00 Unit of Measure: Week Unit Price: $ Line: 13 Number of Units: 1 Total: $ Description: GROUP A: Bidder must bid on Category 2 in order to be considered responsive for award of Group A.Category 2: Mid -Size Sedans (2 & 4 Doors): with Commercial Insurance for Years 3 & 4: Category: 97514-00 Unit of Measure: Day Unit Price: $ Line: 14 Number of Units: 1 Total: $ Page 8 of 49 Description: GROUP A: Bidder must bid on Category 2 in order to be considered responsive for award of Group A. Category 2: Mid -Size Sedans (2 & 4 Doors): with Commercial Insurance for Years 3 & 4: Category: 97514-00 Unit of Measure: Month Unit Price: $ Line: 16 Number of Units: 1 Total: $ Description: GROUP A: Bidder must bid on Category 3 in order to be considered responsive for award of Group A. Category 3: Full -Size Sedans (2 & 4 Doors): with Commercial Insurance for Years 1&2: Category: 97514-00 Unit of Measure: Week Unit Price: $ Line: 17 Number of Units: 1 Total: $ Description: GROUP A: Bidder must bid on Category 3 in order to be considered responsive for award of Group A. Category 3: Full -Size Sedans (2 & 4 Doors): with Commercial Insurance for Years 1 & 2: Category: 97514-00 Unit of Measure: Day Unit Price: $ Line: 18 Number of Units: 1 Total: $ Description: GROUP A: Bidder must bid on Category 3 in order to be considered responsive for award of Group A. Category 3: Full -Size Sedans (2 & 4 Doors): with Commercial Insurance for - Years-1 &2: Category: 97514-00 Unit of Measure: Month Unit Price: $ Number of Units: 1 Total: $ Page 9 of 49 Line: 19 Description: GROUP A: Bidder must bid on Category 3 in order to be considered responsive for award of Group A. Category 3: Full -Size Sedans (2 & 4 Doors): with Commercial Insurance for Years 3 & 4: Category: 97514-00 Unit of Measure: Week Unit Price: $ Line: 20 Number of Units: 1 Total: $ Description: GROUP A: Bidder must bid on Category 3 in order to be considered responsive for award of Group A. Category 3: Full -Size Sedans (2 & 4 Doors): with Commercial Insurance for Years 3 & 4: Category: 97514-00 Unit of Measure: Day Unit Price: $ Line: 21 Number of Units: 1 Total: $ Description: GROUP A: Bidder must bid on Category 3 in order to be considered responsive for award of Group A. Category 3: Full -Size Sedans (2 & 4 Doors): with Commercial Insurance for Years 3 & -4: Category: 97514-00 Unit of Measure: Month Unit Price: $ Line: 23 Number of Units: 1 Total: $ Description: GROUP B: Bidder must bid on Category 1 in order to be considered responsive for award of Group B, Category 1: Pick -Up Truck with Commercial Insurance for Years 1 & 2: Page 10 of 49 Category: 97586-00 Unit of Measure: Week Unit Price: $ Line: 24 Number of Units: 1 Total: $ Description: GROUP B: Bidder must bid on Category 1 in order to be considered responsive for award of Group B. Category 1: Pick-up Truck with Commercial Insurance for Years 1 & 2: Category: 97586-00 Unit of Measure: Day Unit Price: $ Number of Units: 1 Total: $ Manufacturer Model Number Supplier Part Number Delivery Time from Receipt of Order (Calendar Days) Minimum Order Quantity Line: 25 Description: GROUP B: Bidder must bid on Category 1 in order to be considered responsive for award of Group B. Category 1: Pick-up Truck with Commercial Insurance for Years 1 & 2: Category: 97586-00 Unit of Measure: Month Unit Price: $ Line: 26 Number of Units: 1 Total: $ Description: GROUP B: Bidder must bid on Category 1 in order to be considered responsive for award of Group B, Category 1: Pick -Up Truck with Commercial Insurance for Years 3 & 4: Category: 97586-00 Page 11 of 49 Unit of Measure: Week Unit Price: $ Line: 27 Number of Units: 1 Total: $ Description: GROUP B: Bidder must bid on Category 1 in order to be considered responsive for award of Group B, Category 1: Pick -Up Truck with Commercial Insurance for Years 3 & 4: Category: 97586-00 Unit of Measure: Day Unit Price: $ Line: 28 Number of Units: 1 Total: $ Description: GROUP B: Bidder must bid on Category 1 in order to be considered responsive for award of Group B, Category 1: Pick -Up Truck with Commercial Insurance for Years 3 & 4: Category: 97586-00 Unit of Measure: Month Unit Price: $ Line: 30 Number of Units: 1 Total: $ Description: GROUP C: Bidder must bid on Category 1 in order to be considered responsive for award of Group C, Category 1: Sports Utility Vehicle (SUV) with Commercial Insurance for Years 1 & 2: Category: 97586-00 Unit of Measure: Week Unit Price: $ Line: 31 Number of Units: 1 Total: $ Description: GROUP C: Bidder must bid on Category 1 in order to be considered responsive for award of Group C, Category 1: Sports Utility Vehicle (SUV) with Commercial Insurance for Years 1 & 2: Page 12 of 49 Category: 97586-00 Unit of Measure: Day Unit Price: $ Line: 32 Number of Units: 1 Total: $ Description: GROUP C: Bidder must bid on Category 1 in order to be considered responsive for award of Group C, Category 1: Sports Utility Vehicle (SUV) with Commercial Insurance for Years 1 & 2: Category: 97586-00 Unit of Measure: Month Unit Price: Line: 33 Number of Units: 1 Total: $ Description: GROUP C: Bidder must bid on Category 1 in order to be considered responsive for award of Group C, Category 1: Sports Utility Vehicle (SUV) with Commercial Insurance for Years3&4: Category: 97586-00 Unit of Measure: Week Unit Price: $ Line: 34 Number of Units: 1 Total: $ Description: GROUP C: Bidder must bid on Category I in order to be considered responsive for award of Group C, Category 1: Sports Utility Vehicle (SUV) with Commercial Insurance for Years 3 & 4: Category: 97586-00 Unit of Measure: Day Unit Price: $ Line: 35 Number of Units: 1 Total: $ Page 13 of 49 Description: GROUP C: Bidder must bid on Category 1 in order to be considered responsive for award of Group C, Category, 1: Sports Utility Vehicle (SUN') with Commercial Insurance for Years 3 & 4: Category: 97586-00 Unit of Measure: Month Unit Price: $ Line: 37 Number of Units: 1 Total: $ Description: GROUP D: Bidder must bid on Category 1 in• order to be considered responsive for award of Group D, Category 1: Sports/Sporty Cars with Commercial Insurance for Years 1 & 2: Category: 97514-00 Unit of Measure: Week Unit Price: $ Line: 38 Number of Units: 1 Total: $ Description: GROUP D: Bidder must bid on Category 1 in order to be considered responsive for award of Group D, Category 1: Sports/Sporty Cars with Commercial Insurance for Years 1 & 2: Category: 97514-00 Unit of Measure: Day Unit Price: $ Line: 39 Number of Units: 1 Total: $ Description: GROUP D: Bidder must bid on Category 1 in order to be considered responsive for award of Group D, Category 1: Sports/Sporty Cars with Commercial Insurance for Years 1 & 2: Category: 97514-00 Unit of Measure: Month Unit Price: $ Number of Units: 1 Total: $ Page 14 of 49 Line: 40 Description: GROUP D: Bidder must bid on Category 1 in order to be considered responsive for award of Group D, Category 1: Sports/Sporty Cars with Commercial Insurance for Years 3 & 4: Category: 97514-00 Unit of Measure: Week Unit Price: $ Line: 41 Number of Units: 1 Total: $ Description: GROUP D: Bidder must bid on Category 1 in order to be considered responsive for award of Group D, Category 1: Sports/Sporty Cars with Commercial Insurance for Years 3 & 4: Category: 97514-00 Unit of Measure: Day Unit Price: $ Line: 42 Number of Units: 1 Total: $ Description: GROUP D: Bidder must bid on Category 1 in order to be considered responsive for award of Group D, Category 1: Sports/Sporty Cars with Commercial Insurance for Years 3 & 4: Category: 97514-00 Unit of Measure: Month Unit Price: $ Line: 44 Number of Units: 1 Total: $ Description: GROUP E: Bidder must bid on Category 1 in order to be considered responsive for award of Group E, Category 1: Vans with Commercial Insurance for Years 1 & 2: Category: 97514-00 Unit of Measure: Week Unit Price: $ Number of Units: 1 Total: $ Page 15 of 49 Line: 45 Description: GROUP E: Bidder must bid on Category 1 in order to be considered responsive for award of Group E, Category 1: Vans with Commercial Insurance for Years 1 & 2: Category: 97514-00 Unit of Measure: Day Unit Price: $ Line: 46 Number of Units: 1 Total: $ Description: GROUP E: Bidder must bid on Category 1 in order to be considered responsive for award of Group E, Category 1: Vans with Commercial Insurance for Years 1 & 2: Category: 97514-00 Unit of Measure: Month Unit Price: $ Line: 47 Number of Units: 1 Total: Description: GROUP E: Bidder must bid on Category 1 in order to be considered responsive for award of Group E, Category 1: Vans with Commercial Insurance for Years 3 & 4: Category: 97514-00 Unit of Measure: Week Unit Price: $ Line: 48 Number of Units:1 Total: $ Description: GROUP E: Bidder must bid on Category 1 in order to be considered responsive for award of Group E, Category 1: Vans with Commercial Insurance for Years 3 & 4: Category: 97514-00 Unit of Measure: Day Unit Price: $ Number of Units: 1 Total: $ Page 16 of 49 Line: 49 Description: GROUP E: Bidder must bid on Category 1 in order to be considered responsive for award of Group E, Category 1: Vans with Commercial Insurance for Years 3 & 4: Category: 97586-00 Unit of Measure: Month Unit Price: $ Line: 51 Number of Units: 1 Total: $ Description: GROUP E: Bidder must bid on Category 2 in order to be considered responsive for award of Group E, Category, 2: Large Vans (14-16 Passenger) with Commercial Insurance for Years 1 & 2: Category: 97586-00 Unit of Measure: Week Unit Price: $ Line: 52 Number of Units: 1 Total: $ Description: GROUP E: Bidder must bid on Category 2 in order to be considered responsive for award of Group E; Category 2: Large Vans (14-16 Passenger) with Commercial Insurance for Years 1 & 2: Category: 97586-00 Unit of Measure: Day Unit Price: $ Line: 53 Number of Units: 1 Total: $ Description: GROUP E: Bidder must bid on Category 2 in order to be considered responsive for award of Group E, Category 2: Large Vans (14-16 Passenger) with Commercial Insurance for Years 1 & 2: Category: 97586-00 Page 17 of 49 Unit of Measure: Month Unit Price: $ Line: 54 Number of Units: 1 Total: $ Description: GROUP E: Bidder must bid on Category 2 in order to be considered responsive for award of Group E, Category 2: Large Vans (14-16 Passenger) with Commercial Insurance for Years 3 & 4: Category: 97586-00 Unit of Measure: Week Unit Price: $ Line: 55 Number of Units: 1 Total: $ Description: GROUP E: Bidder must bid on Category 2 in order to be considered responsive for award of Group E, Category 2: Large Vans (14-16 Passenger) with Commercial Insurance for Years 3 & 4: Category: 97586-00 Unit of Measure: Day Unit Price: $ Line: 56 Number of Units: 1 Total: $ Description: GROUP E: Bidder must bid on Category 2 in order to be considered responsive for award of Group E, Category 2: Large Vans (14-16 Passenger) with Commercial insurance for Years 3 & 4: Category: 97586-00 Unit of Measure: Month Unit Price: $ Line: 58 Number of Units: 1 Total: $ Description: GROUP F: Bidder must bid on Category 1 in order to be considered responsive for Page 18 of 49 award of Group F, Category 1: Luxury with Commercial Insurance for Years 1 & 2: Category: 97514-00 Unit of Measure: Week Unit Price: $ Line: 59 Number of Units: 1 Total: $ Description: GROUP F: Bidder must bid on Category 1 in order to be considered responsive for award of Group F, Category 1: Luxury with Commercial Insurance for Years 1 & 2: Category: 97586-00 Unit of Measure: Day Unit Price: $ Line: 60 Number of Units: 1 Total: $ Description: GROUP F: Bidder must bid on Category 1 in order to be considered responsive for award of Group F, Category 1: Luxury with Commercial Insurance for Years 1 & 2: Category: 97586-00 Unit of Measure: Month Unit Price: $ Line: 61 Number of Units: 1 Total: $ Description: GROUP F: Bidder must bid on Category 1 in order to be considered responsive for award of Group F, Category 1: Luxury with Commercial Insurance for Years 3 & 4: Category: 97514-00 Unit of Measure: Week Unit Price: Line: 62 Number of Units: 1 __- -----.__-. Total:-$ Page 19 of 49 Description: GROUP F: Bidder must bid on Category 1 in order to be considered responsive for award of Group F, Category 1: Luxury with Commercial Insurance for Years 3 & 4: Category: 97514-00 Unit of Measure: Day Unit Price: $ Line: 63, Number of Units: l Total: $ Description: GROUP F: Bidder must bid on Category 1 in order to be considered responsive for award of Group F, Category 1: Luxury with Commercial Insurance for Years 3 & 4: Category: 97514-00 Unit of Measure: Month Unit Price: $ Number of Units: 1 Total: $ Page 20 of 49 Table of Contents Terms and Conditions levitation for Bid (IFB) 198158,2 1. General Conditions 22 1.1. GENERAL TERMS AND CONDITIONS '2 2. Special Conditions 39 2.1. PURPOSE 39 2.2. DEADLINE FOR RECEIPT OF REQUEST FOR ADDITIONAL INFORMATION/CLARIFICATION 39 2.3. TERM OF CONTRACT 39 2.4. CONDITIONS FOR RENEWAL 39 2.5. FIXED AND FIRM PRICING WITH PRICE ADJUSTMENT (3RD AND 4TH YEAR) 39 2.6. NON -APPROPRIATION OF FUNDS 39 2.7. METHOD OF AWARD 39 2.8: BIDDERS MINIMUM QUALIFICATIONS 40 2.9. DELIVERY 40 2.10. SERVICE AND FACILITIES 40 2.11. FAILURE TO PERFORM / LIQUIDATED DAMAGES 40 2.12. EQUAL PRODUCT 40 2.13. INSURANCE REQUIREMENTS 40 2.14. METHOD OF PAYMENT 42 2.15. RESPONSE TIME 42 2.16. ADDITIONS/DELETIONS OF FACILITIES/PRODUCTS/SUPPLIERS 42 2.17. TOLLS AND MOVING VIOLATIONS 42 2.18. CONTRACT ADMINISTRATORS 42 2.19. TIE BIDS 42 2.20. BID BOND 43 2.21. PERFORMANCE BOND 43 2.22. ADVERTISING 43 2.23. CONFIDENTIALITY 43 2.24. WARRANTY 44 2.25. REFERENCES 44 2.26. TERMINATION 44 2.27. ADDITIONAL TERMS AND CONDITIONS 44 2.28. PRIMARY CLIENT (FIRST PRIORITY) 44 3. Specifications 45 3.1. SPECIFICATIONS/SCOPE OF WORK 45 Page 21 of 49 Invitation for Bid (IFB) 19S 158,2 Terms and Conditions 1. General Conditions 1.1. GENERAL TERMS AND CONDITIONS Intent: The General Terms and Conditions described herein apply to the acquisition of goods/equipment/services with an estimated aggregate cost of $25,000.00 or more. Definition: A formal solicitation is defined as issuance of an Invitation for Bids, Request for Proposals, Request for Qualifications, or Request.for Letters of Interest pursuant to the City of Miami Procurement Code and/or Florida Law, as amended. Formal Solicitation and Solicitation shall be defined in the same mariner herein. 1.1. ACCEPTANCE OF GOODS OR EQUIPMENT - Any good(s) or equipment delivered under this formal solicitation, if applicable, shall remain the property of the seller until a physical inspection and actual usage of the good is made, and thereafter is accepted as satisfactory to the City. It must comply with the 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 or electronic submission of your solicitation response shall be considered an offer on the part of the bidder/proposer; such offer shall be deemed accepted upon issuance by the City of a purchase order. 1.3. ACCEPTANCE/REJECTION - The City reserves the right to accept or reject any or all responses or parts of after opening/closing date and request re -issuance on the goods/services described in the formal solicitation. In the event of such rejection, the Director of Purchasing shall notify all affected bidders/proposers and make available a written explanation for the rejection. The City also reserves the right to reject the response of any bidder/proposer who has previously failed to properly perform under the terns and conditions of a contract, to deliver on time contracts of a similar nature, and who is not in a position to perform the requirements defined in this formal solicitation. The City further reserves the right to waive any irregularities or minor informalities or technicalities in any or all responses and may, at its discretion, re -issue this formal solicitation. 1.4. ADDENDA - It is the bidder's/proposer's responsibility to ensure receipt of all Addenda. Addenda are available at the City's website at: http://www.ci.miami.fl.us/procurement 1.5. ALTERNATE RESPONSES MAY BE CONSIDERED - The City may consider one (1) alternate response from the same Bidder/Proposer for the same fommal solicitation; provided, that the alternate response offers a different product that meets or exceeds the formal solicitation requirements. In order for the City to consider an alternate response, the Bidder/Proposer shall complete a separate Price Sheet form and shall mark "Alternate Response". Alternate response shall be placed in the same response. This provision only applies to formal solicitations for the procurement of goods, services, items, equipment, materials, and/or supplies. 1.6. ASSIGNMENT - Contractor agrees not to subcontract, assign, transfer, convey, sublet, or otherwise dispose of the resulting Contract, or any or all of its right, title or interest herein, without City of Miami's prior written consent. 1.7. ATTORNEY'S FEES- In connection with any litigation, mediation and arbitration arising out of this -Contract,-the prevailing-parry•shall-be-entitled•to-recover-its costs and-reasonable-attomey's-fees.through--- .. and including appellate litigation and any post judgment proceedings. 1.8. AUDIT RIGHTS AND RECORDS RETENTION - The Successful Bidder/Proposer agrees to provide access at all reasonable titres to the City, or to any of its duly authorized representatives, to any books, documents, papers, and records of Contractor which are directly pertinent to this formal solicitation, for the purpose of audit, examination, excerpts, and transcriptions. The Successful Bidder/Proposer shall maintain and retain any and all of the books, documents, papers and records pertinent to the Contract for Page 22 of 49 Invitation for Bid (IFB) 198158,2 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 goods/services, specified herein from the successful bidder(s)/proposer(s) at the contract price(s) established herein, when permissible by federal, state, and local laws, rules, and regulations. Each Governmental, not -for -profit or quasi -governmental entity which uses this formal solicitation and resulting bid contract or agreement will establish its own contract/agreement, place its own orders, issue its own purchase orders, be invoiced there from and make its own payments, determine shipping terms and issue its own exemption certificates as required by the successful bidder(s)/proposer(s). 1.10. AWARD OF CONTRACT: A. The Formal Solicitation, Bidder's/Proposer's response, any addenda issued, and the purchase order shall constitute the entire contract, unless modified in accordance with any ensuing contract/agreement, amendment or addenda. B. The award of a contract where there are Tie Bids will be decided by the Director of Purchasing or designee in the instance that Tie Bids can't be determined by applying Florida Statute 287.087, Preference to Businesses with Drug -Free Workplace Programs. C. The award of this contract may be preconditioned on the subsequent submission of other documents as specified in the Special Conditions or Technical Specifications. Bidder/Proposer shall be in default of its contractual obligation if such documents are not submitted in a timely manner and in the form required by the City. Where Bidder/Proposer is in default of these contractual requirements, the City, through action taken by the Purchasing Department, will void its acceptance of the Bidder's/Proposer's Response and may accept the Response from the next lowest responsive, responsible Bidder or Proposal most advantageous to the City or re -solicit the City's requirements. The City, at its sole discretion, may seek monetary restitution from Bidder/Proposer and its bid/proposal bond or guaranty, if applicable, as a result of damages or increased costs sustained as a result of the Bidder's/Proposer's default. D. The term of the contract shall be specified in one of three documents which shall be issued to the successful Bidder/Proposer. These documents may either be a purchase order, notice of award and/or contract award sheet, E. The City reserves the right to automatically extend this contract for up to one hundred twenty (120) calendar days beyond the stated contract term in order to provide City departments with continual service and supplies while a new contract is being solicited, evaluated, and/or awarded. if the right is exercised, the City shall notify the Bidder/Proposer, in writing, of its intent to extend the contract at the same price, terms and conditions for a specific number of days. Additional extensions over the first one hundred twenty (120) day extension may occur, if, the City and the Successful Bidder/Proposer are in mutual agreement of such extensions. F. Where the contract involves a single shipment of goods to the City, the contract term shall conclude upon completion of the expressed or implied warranty periods. G. The City reserves the right to award the contract on a split -order, lump sum or individual -item basis, or such combination as shall best serve the interests of the City unless otherwise specified. H. A Contract/Agreement may be awarded to the Bidder/Proposer by the City Commission based upon the minimum qualification requirements reflected herein. As a result of a RFP, RFQ, or RFLI, the City reserves the right to execute or not execute, as applicable, an Agreement with the Proposer, whichever is determined to be in the City's best interests. Such agreement will be furnished by the City, will contain certain terms as are in the City's best interests, and will be subject to approval as to legal form by the City Attorney. 1.11. BID BOND/ BID SECURITY - A cashier's or certified check, or a Bid Bond signed by a recognized surety company that is licensed to do business in the State of Florida, payable to the City of Miami, for the amount bid is required from all bidders/proposers, if so indicated under the Special Conditions. This check or bond guarantees that a bidder/proposer will accept the order or contract/agreement, as bid/proposed, if it is awarded to bidder/proposer. Bidder/Proposer shall forfeit bid deposit to the City should City award Page 23 of 49 Invitation for Bid (IFB) 198158,2 contract/agreement to Bidder/Proposer and Bidder/Proposer fails to accept the award. The City reserves the right to reject any and all surety tendered to the City. Bid deposits are returned to unsuccessful bidders/proposers within ten (10) days after the award and successful bidder's/proposer's acceptance of award. if sixty (60) days have passed after the date of the formal solicitation closing date, and no contract has been awarded, all bid deposits will be retumed on demand. 1.12. RESPONSE FORM (HARDCOPY FORMAT) - All forms should be completed, signed and submitted accordingly. 1.13. BID SECURITY FORFEITED LIQUIDATED DAMAGES - Failure to execute an Agreement and/or file an acceptable Performance Bond, when required, as provided herein, shall be just cause for the annulment of the award and the forfeiture of the Bid Security to the City, which forfeiture shall be considered, not as a penalty, but in mitigation of damages sustained. Award may then be made to the next lowest responsive, responsible Bidder or Proposal most advantageous to the City or all responses may be rejected. 1.14. BRAND NAMES - if and wherever in the specifications brand names, makes, models, names of any manufacturers, trade names, or bidder/proposer catalog numbers are specified, it is for the purpose of establishing the type, function, minimum standard of design, efficiency, grade or quality of goods only. When the City does not wish to rule out other competitors' brands or makes, the phrase "OR EQUAL" is added. When bidding/proposing an approved equal, Bidders/Proposers will submit, with their response, complete sets of necessary data (factory information sheets, specifications, brochures, etc.) in order for the City to evaluate and determine the equality of the item(s) bid/proposed. The City shall be the sole judge of equality and its decision shall be final. Unless otherwise specified, evidence in the form of samples may be requested if the proposed brand is other than specified by the City. Such samples are to be furnished after formal solicitation opening/closing only upon request of the City. if samples should be requested, such samples must be received by the City no later than seven (7) calendar days after a formal request is made. 1.15. CANCELLATION - The City reserves the right to cancel all formal solicitations before its opening/closing. In the event of bid/proposal cancellation, the Director of Purchasing shall notify all prospective bidders/proposers and make available a written explanation for the cancellation. 1.16. CAPITAL EXPENDITURES - Contractor understands that any capital expenditures that the firm makes, or prepares to make, in order to deliver/perfomt the goods/services required by the City, is a business risk which the contractor must assume. The City will not be obligated to reimburse amortized or unamortized capital expenditures, or to maintain the approved status of any contractor. If contractor has been unable to recoup its capital expenditures during the time it is rendering such goods/services, it shall not have any claim upon the City. 1.17. CITY NOT LIABLE FOR DELAYS - It is further expressly agreed that in no event shall the City be liable for, or responsible to, the Bidder/Proposer/Consultant, any sub-contractor/sub-consultant, or to any other person for, or on account of, any stoppages or delay in the work herein provided for by injunction or other legal or equitable proceedings or on account of any delay for any cause over which the City has no control. 1.18. COLLUSION —Bidder/Proposer, by submitting a response, certifies that its response is made without previous understanding, agreement or connection either with any person, firm or corporation submitting a response for the same items/services or with the City of Miami's Purchasing Department or initiating department. The Bidder/Proposer certifies that its response is fair, without control, collusion, fraud or other illegal action. Bidder/Proposer certifies that it is in compliance with the Conflict of Interest and Code of Ethics Laws. The City will investigate all potential situations where collusion may have occurred and the City reserves the right to reject any and all bids/responses where collusion may have occurred. 1.19. COMPLIANCE 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'publicrecords,-conflict-ofinterest,-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. 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. Page 24 of 49 Invitation for Bid (IFB) 198158,2 B. Occupational, Safety and Health Act (OSHA), as applicable to this Formal Solicitation. C. The State of Florida Statutes, Section 287.133(3)(A) on Public Entity Crimes. D. Environment Protection Agency (EPA), as applicable to this Fonnal Solicitation. E. Unifomm Commercial Code (Florida Statutes, Chapter 672). F. Americans with Disabilities Act of 1990, as amended. G. National Institute of Occupational Safety Hazards (NIOSH), as applicable to this Formal Solicitation. H. National Forest Products Association (NFPA), as applicable to this Formal Solicitation. 1. City Procurement Ordinance City Code Section 18, Article III. J. Conflict of Interest, City Code Section 2-611;61. K. Cone of Silence, City Code Section 18-74. L. The Florida Statutes Sections 218.73 and 218.74 on Prompt Payment. M. First Source Hiring Agreement, City Ordinance No. 10032, as applicable to this Formal Solicitation. Implemented to foster the creation of new and permanent jobs for Ciry of Miami residents; requires as a condition precedent to the execution of service contracts including professional services. Lack of knowledge by the bidder/proposer will in no way be a cause for relief from responsibility. Non-compliance with all local, state, and federal directives, orders, and laws may be considered grounds for termination of contract(s). Copies of the City Ordinances may be obtained from the City Clerk's Office. 1.20. CONE OF SILENCE - Pursuant to Section 18-74 of the City of Miami Code, a "Cone of Silence" is imposed upon each RFP, RFQ, RFLI, or IFB after advertisement and terminates at the time the City Manager issues a written recommendation to the Miami City Commission. The Cone of Silence shall be applicable only to Contracts for the provision of goods and services and public works or improvements for amounts greater than $200,000. The Cone of Silence prohibits any communication regarding RFPs, RFQs, RFLI or IFBs (bids) between, among others: Potential vendors, service providers, bidders, lobbyists or consultants and the City's professional staff including, but not limited to, the City Manager and the City Manager's staff; the Mayor, City Commissioners, or their respective staffs and any member of the respective selection/evaluation committee. The provision does not apply to, among other communications: oral communications with the City purchasing staff, provided the communication is limited strictly to matters of process or procedure already contained in the formal solicitation document; the provisions of the Cone of Silence do not apply to oral communications at duly noticed site visits/inspections, pre -proposal or pre -bid conferences, oral presentations before selection/evaluation committees, contract negotiations during any duly noticed public meeting, or public presentations made to the Miami City Commission during a duly noticed public meeting; or communications in writing or by email at any time with any City employee, official or member of the City Commission unless specifically prohibited by the applicable RFP, RFQ, RFLI or IFB (bid) documents (See Section 2.2. of the Special Conditions); or communications in connection with the collection of industry continents or the performance of market research regarding a particular RFP, RFQ, RFLI OR IFB by City Purchasing staff. Proposers or bidders must file a copy of any written 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-ofa-mail; with acopy-to the -Office -of the -City -Clerk. In addition to any other penalties provided by law, violation of the Cone of Silence by any proposer or bidder shall render any award voidable. A violation by a particular Bidder, Proposer, Offeror, Respondent, lobbyist or consultant shall subject same to potential penalties pursuant to the City Code. Any person having personal knowledge of a violation of these provisions shall.report such violation to the State Attomey 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 25 of 49 Invitation for Bid (IFB) 198158,2 This language is only a sutntnary 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. 1.21. CONFIDENTIALITY - As a political subdivision, the City of Miami is subject to the Florida Sunshine Act and Public Records Law. If this Contract/Agreement contains a confidentiality provision, it shall have no application when disclosure is required by Florida law or upon court order. 1.22. CONFLICT OF INTEREST — Bidders/Proposers, by responding to this Fonnal Solicitation, certify that to the best of their knowledge or belief, no elected/appointed official or employee of the City of Miami is financially interested, directly or indirectly, in the,purchase of goods/services specified in this Fom al Solicitation. Any such interests on the part of the Bidder/Proposer or its employees must be disclosed in writing to the City, Further, you must disclose the name of any City employee who owns, directly or indirectly, an interest of five percent (5%) or more of the total assets of capital stock in your firm. 1.23. COPYRIGHT OR PATENT RIGHTS — Bidders/Proposers warrant that there has been no violation of copyright or patent rights in manufacturing, producing, or selling the goods shipped or ordered and/or services provided as a result of this formal solicitation, and bidders/proposers agree to hold the City harmless from any and all liability, loss, or expense occasioned by any such violation. 1.24. COST INCURRED BY BIDDER/PROPOSER - Al] expenses involved with the preparation and submission of Responses to the City, or any work performed in connection therewith shall be borne by the Bidder(s)/Proposer(s). 1.25. DEBARMENT AND 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 debamrent determination. The authority to debar and suspend contractors shall be exercised in accordance with regulations which shall be issued by the Chief Procurement Officer after approval by the City Manager, the city attorney, and the City Commission. (b) Causes for debarment or suspension. Causes for debarment or suspension include the following: (1) Conviction for commission of a criminal offense incident to obtaining or attempting to obtain a public or private Contract or subcontract, or incident to the performance of such Contract or subcontract. (2) Conviction under state or federal statutes of embezzlement, theft, forgery, bribery, falsification or destruction of records, receiving stolen property, or any other offense indicating a lack of business integrity or business honesty. (3) Conviction under state or federal antitrust statutes arising out of the submission of Bids or Proposals. (4) Violation of Contract provisions, which is regarded by the Chief Procurement Officer to be indicative of nonresponsibility. Such violation may include failure without good cause to perform in accordance with the terms and conditions of a Contract or to perfonn within the time limits provided in a Contract, provided that failure to perform caused by acts beyond the control of a party shall not be considered a basis for debarment or suspension. (5) Debarment or suspension of the Contractual Party by any federal, state or other governmental entity. (6) False certification pursuant to paragraph (c) below. (7) Found in violation of a zoning ordinance or any other city ordinance or regulation and for which the violation remains noncompliant. (8) Found in violation of a zoning ordinance or any other city ordinance or regulation and for which a•civilpenalty or fine is due and owing to the city. Page 26 of 49 Invitation for Bid (IFB) 198158,2 (9) Any other cause judged by the City Manager to be so serious and compelling as to affect the responsibility of the Contractual Party performing city Contracts. (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 party's right to seek judicial relief. 1.26. DEBARRED/SUSPENDED VENDORS —An entity or affiliate who has been placed on the State of Florida debarred or suspended vendor list may not submit a response on a contract to provide goods or services to a public entity, may not submit a response on a contract with a public entity for the construction or repair of a public building or public work, may not submit response on leases of real property to a public entity, may not award or perform work as a contractor, supplier, subcontractor, or consultant under contract with any public entity, and may not transact business with any public entity. 1.27. DEFAULT/FAILURE TO PERFORM - The City shall be the sole judge of nonperformance, which shall include any failure on the part of the successful Bidder/Proposer to accept the award, to furnish required documents, and/or to fulfill any portion of this contract within the time stipulated. Upon default by the successful Bidder/Proposer to meet any terms of this agreement, the City will notify the Bidder/Proposer of the default and will provide the contractor three (3) days (weekends and holidays excluded) to remedy the default. Failure on the contractor's part to correct the default within the required three (3) days shall result in the Contract being terminated and upon the City notifying in writing the contractor of its intentions and the effective date of the termination. The following shall constitute default: A. Failure to perform the work or deliver the goods/services required under the Contract and/or within the time required or failing to use the subcontractors, entities and personnel as identified and set forth, and to the degree specified in the Contract. B. Failure to begin the work under this Contract within the time specified. C. Failure to perform the work with sufficient workers and equipment or with sufficient materials to ensure timely completion. D. Neglecting or refusing to remove materials or perforrn new work where prior work has been rejected as nonconforming with the terms of the Contract. E. .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/Proposer incapable of performing the work in accordance with and as required by the Contract. F. Failure to comply with any of the terms of the Contract in any material respect. All costs and charges incurred by the City as a result of a default or a default incurred beyond the time limits stated, together with the cost of completing the work, shall be deducted from any monies due or which may become due on this Contract. 1.28. DETERMINATION OF RESPONSIVENESS - Each Response will be reviewed to determine if it is responsive to the submission requirements outlined in the Formal Solicitation. A "responsive" response is one which follows the requirements of the formal solicitation, includes all documentation, is submitted in the format outlined in the formal solicitation, is of timely submission, and has appropriate signatures as required on each document. Failure to comply with these requirements may deem a Response non -responsive- — 1.29. DISCOUNTS OFFERED DURING TERM OF CONTRACT - Discount Prices offered in the response shall be fixed after the award by the Commission, unless otherwise specified in the Special Terms and Conditions. Price discounts off the original prices quoted in the response will be accepted from successful Bidder(s)IProposer(s) during the term of the contract. Such discounts shall remain in effect for a minimum of 120-days from approval by the City Comrission Any -discounts offered by a manufacturer to Bidder/Proposer will be passed on to the City. Page 27 of 49 Invitation for Bid (IFB) 198158,2 1.30. DISCREPANCIES, ERRORS, AND OMISSIONS - Any discrepancies, errors, or ambiguities in the Fonnal Solicitation or addenda (if any) should be reported in writing to the City's Purchasing Department. Should it be found necessary, a written addendum will be incorporated in the Fonnal Solicitation and will become part of the purchase agreement (contract documents). The City will not be responsible for any oral instructions, clarifications, or other communications. A. Order of Precedence — Any inconsistency in this fonnal solicitation shall be resolved by giving precedence to the following documents, the first of such list being the governing documents. 1) Addenda (as applicable) 2) Specifications 3) Special Conditions 4) General Terms and Conditions 1.31. EMERGENCY / DISASTER PERFORMANCE - In the event ofa hurricane or other emergency or disaster situation, the successful vendor shall provide the Ciry with the commodities/services defined within the scope of this formal solicitation at the price contained within vendor's response. Further, successful vendor shall deliver/perform for the city on a priority basis during such times of emergency. 1.32. ENTIRE BID CONTRACT OR AGREEMENT - The Bid Contract or Agreement consists of this City of Miami Formal Solicitation and specifically this General Conditions Section, Contractor's Response and any written agreement entered into by the City of Miami and Contractor in cases involving RFPs, RFQs, and RFL1s, and represents the entire understanding and agreement between the parties with respect to the subject matter hereof and supersedes all other negotiations, understanding and representations, if any, made by and between the parties. To the extent that the agreement conflicts with, modifies, alters or changes any of the terms and conditions contained in the Formal Solicitation and/or Response, the Formal Solicitation and then the Response shall control. This Contract may be modified only by a written agreement signed by the City of Miami and Contractor. 1.33. ESTIMATED QUANTITIES —Estimated quantities or estimated dollars are provided for your guidance only. No guarantee is expressed or implied as to quantities that will be purchased during the contract period. The City is not obligated to place an order for any given amount subsequent to the award of this contract. Said estimates may be used by the City for purposes of determining the low bidder or most advantageous proposer meeting specifications. The City reserves the right to acquire additional quantities at the prices bid/proposed or at lower prices in this Formal Solicitation. 1.34. EVALUATION OF RESPONSES A.Rejection of Responses The City may reject a Response for any of the following reasons: 1) Bidder/Proposer fails to acknowledge receipt of addenda; 2) Bidder/Proposer mistates or conceals any material fact in the Response ; 3) Response does not conform to the requirements of the Formal Solicitation; 4) Response requires a conditional award that conflicts with the method of award; 5) Response does not include required samples, certificates, licenses as required; and, 6) Response was not executed by the Bidder's/Proposer(s) authorized agent. The foregoing is not an all inclusive list of reasons for which a Response may be rejected. The City may reject and re -advertise for all or any part of the Formal Solicitation whenever it is deemed in the best interest of the City. B. Elimination From Consideration -1).-A_contract .shall notbe 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. Page 28 of 49 Invitation for Bid (IFB) 198158,2 C. Determination of Responsibility 1) Responses will only be considered from entities who are regularly engaged in the business of providing the goods/equipment/services required by the Fonual Solicitation. Bidder/Proposer must be able to demonstrate a satisfactory record of performance and integrity; and, have sufficient financial, material, equipment, facility, personnel resources, and expertise to meet all contractual requirements. The terms "equipment and organization" as used herein shall be construed to mean a fully equipped and well established entity in line with the best industry practices in the industry as determined by the City. 2) The City may consider any evidence available regarding the financial, technical and other qualifications and abilities of a Bidder/Proposer, including past performance (experience) with the City or any other governmental entity in making the award. 3) The City may require the Bidder(s)/Proposer(s) to show proof that they have been designated as an authorized representative of a manufacturer or supplier which is the actual source of supply, if required by the Formal Solicitation. 1.35. EXCEPTIONS TO GENERAL AND/OR SPECIAL CONDITIONS OR SPECIFICATIONS - Exceptions to the specifications shall be listed on the Response and shall reference the section. Any • exceptions to the General or Special Cohditions shall be cause for the bid (IFB) to be considered non -responsive. It also may be cause for a RFP, RFQ, or RFLI to be considered non -responsive; and, if exceptions are taken to the terms and conditions of the resulting agreement it may lead to terminating negotiations. 1.36. F.O.B. DESTINATION - Unless otherwise specified in the Formal Solicitation, all prices quoted/proposed by the bidder/proposer must be F.O.B. DESTINATION, inside delivery, with all delivery costs and charges included in the bid/proposal price, unless otherwise specified in this Formal Solicitation. Failure to do so may be cause for rejection of bid/proposal. 1.37. FIRM PRICES - The bidder/proposer warrants that prices, terms, and conditions quoted in its response will be firm throughout the duration of the contract unless otherwise specified in the Formal Solicitation. Such prices will remain firm for the period of performance or resulting purchase orders or contracts, which are to be performed or supplied over a period of time. 1.38. 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, without limitation, public works improvements, facilities, professional services, commodities, supplies, materials and equipment. (c) The authorized representative shall negotiate each first -source hiring agreement. (d) The primary beneficiaries of the first -source hiring agreement shall be participants of the city Page 29 of 49 Invitation for Bid (IFB) 198158,2 training and employment programs, and other residents of the city. 1.39. FLORIDA MINIMUM WAGE - The Constitution of the State of Florida, Article X, Section 24, states that employers shall pay employee wages no Tess than the minimum wage for all hours worked in Florida. Accordingly, it is the contractor's and its' subcontractor(s) responsibility to understand and comply with this Florida constitutional minimum wage requirement and pay its employees the current established hourly minimum wage rate, which is subject to change or adjusted by the rate of inflation using the consumer price index for urban wage earners and clerical workers, CPI-W, or a successor index as calculated by the United States Department of Labor. Each adjusted minimum wage rate calculated shall be determined and published by the Agency Workforce Innovation on September 30th of each year and take effect on the following January I st. At the time of responding, it is bidder/proposer and his/her subcontractor(s), if applicable, full responsibility to determine whether any of its employees may be impacted by this Florida Law at any given point in time during the terns of the contract. If impacted, bidder/proposer must furnish employee name(s), job title(s), job description(s), and current pay rate(s). Failure to submit this information at the time of submitting a response constitute successful bidder's/proposer's acknowledgement and understanding that the Florida Minimum Wage Law will not impact its• prices throughout the term of contract and waiver of any contractual price increase request(s). The City reserves the right to request and successful bidder/proposer must provide for any and all information to make a wage and contractual price increase(s) determination. 1.40. 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. 1.41. 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. 1.42. 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 (IIH1) and/or Protected Health Information (PHI) shall comply with the Health Insurance Portability and Accountability Act (HIPAA) of 1996 and the City of Miami Privacy Standards. HIPAA mandates for privacy, security and electronic transfer standards, which include but are not limited to: A. Use of information only for performing services required by the contract or as required by law; B. Use of appropriate safeguards to prevent non -permitted disclosures; C. Reporting to the City of Miami of any non -permitted use or disclosure; D. 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; E. Making Protected Health Information (PHI) available to the customer; F. Making PHI available to the customer for review and amendment; and incorporating any amendments requested by the customer; G. Making PHI available to the City of Miami for an accounting of disclosures; and H. Making internal practices, books and records related to PHI available to the City of Miami for compliance audits. PHI shall maintain its protected status regardless of the form and method of transmission (paper records, and/or electronic transfer of data). The Bidder/ Proposer must give its customers written notice of its privacy information practices including specifically, a description of the types of uses and disclosures that -would-be-made with -protected -health information: - - -- -- --.-- ------ . -- .--. - .-- 1.43. INDEMNIFICATION - The Contractor shall indemnify and save harmless forever the City, and all the City's agents, officers and employees from and against all charges or claims resulting from any bodily injury, loss of life, or damage to property from any act, omission or neglect, by itself or its employees; the Contractor shall become defendant in every suit brought for any of such causes of action against the City or the City's officials, agents and employees; the Contractor shall further indemnify City as to all costs, attorney's fees, expenses and liabilities incurred in the defense of any such claims and any resulting Page 30 of 49 Invitation for Bid (IFS) 198158,2 investigation. 1.44. INFORMATION AND DESCRIPTIVE LITERATURE —Bidders/Proposer must furnish all information requested in the spaces provided in the Formal Solicitation. Further, as may be specified elsewhere, each Bidder/Proposer must submit for evaluation, cuts, sketches, descriptive literature, technical specifications, and Material Safety Data Sheets (MSDS)as required, covering the products offered. Reference to literature submitted with a previous response or on file with the Buyer will not satisfy this provision. 1.45. INSPECTIONS - The City may, at reasonable times during the tern hereof, inspect Contractor's facilities and perform such tests, as the City deems reasonably necessary, to determine whether the goods and/or services required to be provided by the Contractor under this Contract confonn to the terms and conditions of the Formal Solicitation. Contractor shall make available to the City all reasonable facilities and assistance to facilitate the performance of tests or inspections by City representatives. All tests and inspections shall be subject to, and made in accordance with, the provisions of the City of Miami Ordinance No. 12271 (Section 18-79), as same may be amended or supplemented from time to time. 1.46. INSPECTION OF RESPONSE - Responses received by the City pursuant to a Formal Solicitation will not be made available until such time as the City provides notice of a decision or intended decision or within 10 days after bid closing, whichever is earlier. Bid/Proposal results will be tabulated and may be furnished upon request via fax or e-mail to the Sr. Procurement Specialist issuing the Solicitation. Tabulations also are available on the City's Web Site following recommendation for award. 1.47. INSURANCE - Within ten (10) days after receipt of Notice of Award, the successful Contractor, shall furnish Evidence of Insurance to the Purchasing Department, if applicable. Submitted evidence of coverage shall demonstrate strict compliance to all requirements listed on the Special Conditions entitled "Insurance Requirements". The City shall be listed as an "Additional Insured." Issuance of a Purchase Order is contingent upon the receipt of proper insurance documents. if the insurance certificate is received within the specified time frame but not in the manner prescribed in this Solicitation the Contractor shall be verbally notified of such deficiency and shall have an additional five (5) calendar days to submit a corrected certificate to the City. If the Contractor fails to submit the required insurance documents in the manner prescribed in this Solicitation within fifteen (15) calendar days after receipt Notice of Award, the contractor shall be in default of the contractual tenns and conditions and shall not be awarded the contract. Under such circumstances, the Bidder/Proposer may be prohibited from submitting future responses to the City. Information regarding any insurance requirements shall be directed to the Risk Administrator, Department of Risk Management, at 444 SW 2nd Avenue, 9th Floor, Miami, Florida 33130, 305-416-1604. The Bidder/Proposer shall be responsible for assuring that the insurance certificates required in conjunction with this Section remain in effect for the duration of the contractual period; including any and all option terms that may be granted to the Bidder/Proposer. 1.48. INVOICES - Invoices shall contain purchase order number and details of goods and/or services delivered (i.e. quantity, unit price, extended price, etc); and in compliance with Chapter 218 of the Florida Statutes (Prompt Payment Act). 1.49. LOCAL PREFERENCE - City Code Section 18-85, states that the City Commission may offer to a responsible and responsive bidder/proposer, 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/proposer. 1.50. MANUFACTURER'S CERTIFICATION -The City reserves the right to request from bidders/proposers a separate Manufacturer's Certification of all statements made in the bid/proposal. Failure to provide such certification may result in the rejection of bid/proposal or termination of contract/agreement, for which the bidder/proposer must bear full liability. 1.51. MODIFICATIONS OR CHANGES IN PURCHASE ORDERS AND CONTRACTS - No contract or understanding to modify this Forma] Solicitation and resultant purchase orders or contracts, if applicable, shall be binding upon the City unless made in writing by the Director of Purchasing of the City of Miami, Florida through the issuance of a change order, addendum, amendment, or supplement to the contract, purchase order or award sheet as appropriate. Page 31 of 49 Invitation for Bid (IFB) 198158,2 1.52. 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. 1.53. 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 1 ] 9, Florida Statutes. Items delivered not confomting to specifications may be rejected and returned at Bidder's/Proposer's expense. These non -conforming items not delivered as per delivery date in the response and/or Purchase Order may result in bidder/proposer being found in default in which event any and al] re -procurement costs may be charged against the defaulted contractor. Any violation of these stipulations may also result in the supplier's name being removed from the City of Miami's Supplier's list. 1.54. NONDISCRIMINATION —Bidder/Proposer 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 fomtal solicitation. Furthermore, Bidder/Proposer agrees that no otherwise qualified individual shall solely by reason of his/her race; sex, color, age, religion, national origin, marital status or disability be excluded from the participation in, be denied benefits of, or be subjected to, discrimination under any program or activity. In connection with the conduct of its business, including performance of services and employment of personnel, Bidder/Proposer shall not discriminate against any person on the basis of race, color, religion, disability, age, sex, marital status or national origin. All persons having appropriate qualifications shall be afforded equal opportunity for employment. 1.55. 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 contracts for these herein goods and/or services, and to make use of other competitively bid (governmental) contracts, agreements, or other similar sources for the purchase of these goods and/or services as may be available. It is hereby agreed and understood that this fomral solicitation does not constitute the exclusive rights of the successful bidder(s)iproposer(s) to receive all orders that may be generated by the City in conjunction with this Formal Solicitation. In addition, any and all commodities, equipment, and services required by the City in conjunction with construction projects are solicited under a distinctly different solicitation process and shall not be purchased under the terms, conditions and awards rendered under this solicitation, unless such purchases are determined to be in the best interest of the City. 1.56. OCCUPATIONAL LICENSE - Any person, firm, corporation or joint venture, with a business location in the City of Miami and is submitting a Response under this Formal Solicitation shall meet the City's Occupational License Tax requirements in accordance with Chapter 31.1, Article ] of the City of Miami Charter. Others with a location outside the City of Miami shall meet their local Occupational License Tax requirements. A copy of the license must be submitted with the response; however, the City may at its sole option and in its best interest allow the Bidder/Proposer to supply the license to the City during the evaluation period, but prior to award. 1.57. ONE PROPOSAL - Only one (1) Response from an individual, firm, partnership, corporation or joint venture will be considered in response to this Formal Solicitation. When submitting an alternate response, please refer to the herein condition for "Alternate Responses May Be Considered". 158.OWNERSHIP OF DOCUMENTS - It is understood by and between the parties that any documents, records, files, or any other matter whatsoever which is given by the City to the successful Bidder/Proposer .pursuant _to thisformal solicitation shall at all times remain the property of the City and shall not be used by the Bidder/Proposer for any other purposes whatsoever without the written consent of the City. 1.59. 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. Page 32 of49 Invitation for Bid (IFB) 198158,2 1.60. PERFORMANCE/PAYMENT BOND —A Contractor may be required to fumish a Performance/Payment Bond as part of the requirements of this Contract, in an amount equal to one hundred percent (100%) of the contract price. 1.61. PREPARATION OF RESPONSES (HARDCOPY FORMAT) —Bidders/Proposers are expected to examine the specifications, required delivery, drawings, and all special and general conditions. All bid/proposed amounts, if required, shall be either typewritten or entered into the space provided with ink. Failure to do so will be at the Bidder's/Proposer's risk. A. Each Bidder/Proposer shall furnish the information required in the Forma] Solicitation. The Bidder/Proposer shall sign the Response and print in ink or type the name attic Bidder/Proposer, address, and telephone number on the face page and on each continuation sheet thereof on which he/she makes an entry, as required. B. If so 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/Proposer shall include in the response all taxes, insurance, social security, workmen's compensation, and any other benefits normally paid by the Bidder/Proposer to its employees. If applicable, a unit price shall be entered in the "Unit Price" 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/Proposer must state a definite time, if required, in calendar days for delivery of goods and/or services. D. The Bidder/Proposer should retain a copy of all response documents for future reference. E. All responses, as described, must be fully completed and typed or printed in ink and must be signed in ink with the firm's name and by an officer or employee having authority to bind the company or firm by his/her signature. Bids/Proposals having any erasures or corrections must be initialed in ink by person signing the response or the response may be rejected. F. Responses are to remain valid for at least 180 days. Upon award of a contract, the content of the Successful Bidder's/Proposer's response may be included as part ate contract, at the City's discretion. G. The City of Miami's Response Forms shall be used when Bidder/Proposer is submitting its response in hardcopy format. Use of any other fonns will result in the rejection of the response. IF SUBMITTING HARDCOPY FORMAT, THE ORIGINAL AND THREE (3) COPIES OF THESE SETS OF FORMS, UNLESS OTHERWISE SPECIFIED, AND ANY REQUIRED ATTACHMENTS MUST BE RETURNED TO THE CITY OR YOUR RESPONSE MAY BE DEEMED NON -RESPONSIVE. 1.62. 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. 1.63. PRODUCT SUBSTITUTES - In the event a particular awarded and approved manufacturer's product becomes unavailable during the term of the Contract, the Contractor awarded that item may arrange with the City's authorized representative(s) to supply a substitute product at the awarded price or lower, provided that a sample is approved in advance of delivery and that the new product meets or exceeds all quality requirements. 1.64. CONFLICT OF INTEREST, AND UNETHICAL BUSINESS PRACTICE PROHIBITIONS - Contractor represents and warrants to the City that it has not employed or retained any person or company employed by the City to solicit or secure this Contract and that it has not offered to pay, paid, or agreed to pay any person any fee, commission, percentage, brokerage fee, or gift of any kind contingent upon or in connection with, the award of this Contract. L65.-PROMPT PAYMENT -Bidders/Proposers may offer a -cash discount for prompt payment however; - discounts shall not be considered in determining the lowest net cost for response evaluation purposes. Bidders/Proposers are required to provide their prompt payment terms in the space provided on the Fonnal Solicitation. If no prompt payment discount is being offered, the Bidder/Proposer must enter zero (0) for the percentage discount to indicate no discount. If the Bidder/Proposer fails to enter a percentage, it is understood and agreed that the terns shall be 2% 20 days, effective after receipt of invoice or final Page 33 of 49 Invitation for Bid (IFB) 198158,2 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 pan of the contract, but the invoice does not reflect the existence of a cash discount, the City is entitled to a cash discount with the period 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/proposers during the tens of the contract. 1.66. PROPERTY - Property owned by the City of Miami is the responsibility of the City of Miami. Such property fumished to a Contractor for repair, modification, study, etc., shall remain the property of the City of Miami. Damages to such property occurring while in the possession of the Contractor shall be the responsibility of the Contractor. Damages occurring to such property while in route to the City of Miami shall be the responsibility of the Contractor. In the event that such property is destroyed or declared a total loss, the Contractor shall be responsible for replacement value of the property at the current market value, less depreciation of the property, if any. 1.67. PROVISIONS BINDING - Except as otherwise expressly provided in the resulting Contract, all covenants, conditions and provisions of the resulting Contract shall be binding upon and shall inure to the benefit of the parties hereto and their respective heirs, legal representatives, successors and assigns. 1.68. PUBLIC ENTITY CRIMES - A person or affiliate who has been placed on the convicted vendor list following.a conviction for a public entity crime may not submit a response on a contract to provide any goods or services to a public entity, may not submit a response on a contract with a public entity for the construction or repair of a public building or public work, may not submit responses on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. 1.69. 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. 1.70. QUALITY OF GOODS, MATERIALS, SUPPLIES, PRODUCTS, AND EQUIPMENT - All materials used in the manufacturing or construction of supplies, materials, or equipment covered by this solicitation shall be new. The items bid/proposed must be of the latest make or model, of the best quality, and of the highest grade of workmanship, unless as otherwise specified in this Solicitation. 1.71. QUALITY OF WORK/SERVICES - The work/services performed must be of the highest quality and workmanship. Materials furnished to complete the service shall be new and of the highest quality except as otherwise specified in this Solicitation. 1.72. REMEDIES PRIOR TO AWARD (Sec. 18-106) - if prior to Contract award it is determined that a formal solicitation or proposed award is in violation of law, then the solicitation or proposed award shall be cancelled by the City Commission, the City Manager or the Chief Procurement Officer, as may be applicable, or revised to comply with the law. 1.73. 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 525,000, 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. Page 34 of 49 Invitation for Bid (IFB) 198158,2 (b) Contract dispute decisions. If a dispute is not resolved by mutual consent, the Ciiy 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 parry'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. 1.74. RESOLUTION OF PROTESTED SOLICITATIONS AND AWARDS (Sec. 18-104) (a) Right to protest. The following procedures shall be used for resolution of protested solicitations and awards except for purchases of goods, supplies, equipment, and services, the estimated cost of which does not exceed $25,000. Protests thereon shall be governed by the Administrative Policies and Procedures of Purchasing. 1.Protest of Solicitation. i. Any prospective proposer who perceives itself aggrieved in connection with the solicitation of a Contract may protest to the Chief Procurement Officer. A written notice of intent to file a protest shall be filed with the Chief Procurement Officer within three days after the Request for Proposals, Request for Qualifications or Request for Letters of Interest is published in a newspaper of general circulation. A notice of intent to file a protest is considered filed when received by the Chief Procurement Officer; or ii. Any prospective bidder who intends to contest the Solicitation Specifications or a solicitation may protest to the Chief Procurement Officer. A written notice of intent to file a protest shall be filed with the Chief Procurement Officer within three days after the solicitation is published in a newspaper of general circulation. A notice of intent to file a protest is considered filed when received by the Chief Procurement Officer. 2. Protest of Award. i. 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, which will be posted on the City of Miami Purchasing Department website, in the Supplier Corner, Current Solicitations and Notice of Recommendation of Award Section. The notice of the City Manager's recommendation can be found by selecting the details of the solicitation and is listed as Recommendation of Award Posting Date and Recommendation of Award To fields. If "various" is indicated in the Recommendation of Award To field, the Bidder/Proposer must contact the buyer for that solicitation to obtain the suppliers name. It shall be the responsibility of the Bidder/Proposer to check this section of the website daily after responses are submitted to receive the notice; or ii. Any actual Responsive and Responsible Bidder whose Bid is lower than that of the recommended bidder may protest.to the Chief Procurement Officer. A written notice of intent to file a protest shall be filed with the Chief Procurement Officer within two days after receipt by the bidder of the notice of the city's determination of non responsiveness or non responsibility. The receipt by bidder of such notice shall be confirmed by the city by facsimile or electronic mail or U.S. mail, return receipt requested. A notice of intent to file a protest is considered filed when received by the Chief Procurement Officer. iii. A written protest based on any of the foregoing must be submitted to the Chief Procurement Officer within five (5) days after the date the notice of protest was filed. A written protest is considered filed when received by the Chief Procurement Officer. The written protest may not challenge the relative weight of the evaluation criteria or the formula for assigning points in making an award determination. The written protest shall state with particularity the specific facts and law upon which the protest of the solicitation or the award is based, and shall include all pertinent documents and evidence and shall be accompanied by the required Filing Fee as provided in subsection (f). This shall form the basis for review of the written protestand.no_facts, grounds,.documeutation_oxevidence not_containedin 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 Page 35 of 49 Invitation for Bid (IFB) 198158,2 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 S25,000, 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 parry to timely file either the notice of intent to file a protest or the written protest, together with the required Filing Fee as provided in subsection (f), with the Chief Procurement Officer within the time provided in subsection (a), above, shall constitute a forfeiture of such party's right to file a protest pursuant to this section. The protesting party shall not be entitled to seek judicial relief without first having followed the procedure set forth in this section (d) Stay of Procurements during protests. 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 S5000.00, 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. 1.75. SAMPLES - Samples of items, when required, must be submitted within the time specified at no expense to the City. If not destroyed by testing, bidder(s)/proposer(s) will be notified to remove samples, at their expense, within 30 days after notification. Failure to remove the samples will result in the samples becoming the property of the City. 1.76. SELLING, TRANSFERRING OR ASSIGNING.RESPONSIBILITIES - Contractor shall not sell, assign, transfer or subcontract at any time during the term of the Contract, or any part of its operations, or assign any portion of the performance required by this contract, except under and by virtue of written permission granted by the City through the proper officials, which may be withheld or conditioned, in the City's sole discretion. 1.77. SERVICE AND WARRANTY —When specified, the bidder/proposer shall define all warranty, service and replacements that will be provided. Bidders/Proposer must explain on the Response to what extent warranty and service facilities are available. A copy of the manufacturer's warranty, if applicable, should be submitted with your response. 1.78. SILENCE OF SPECIFICATIONS - The apparent silence of these specifications and any supplemental specification as to any detail or the omission from it of detailed description concerning any point shall be regarded as meaning that only the best commercial practices are to prevail and that only materials of first quality and correct type, size and design are to be used. All workmanship and services is _to_be_first..quality.. All interpretations of these specifications shall be made upon the basis of this statement. If your firm has a current contract with the State of Florida, Department of General Services, to supply the items on this solicitation, the bidder/proposer shall quote not more than the contract price; failure to comply with this request will result in disqualification of bid/proposal. 1.79. SUBMISSION AND RECEIPT OF RESPONSES - Responses shall be submitted electronically via Page 36 of 49 Invitation for Bid (IFB) 198158,2 the Oracle System or responses may be submitted in hardcopy format to the City Clerk, City Hall, 3500 Pan American Drive, Miami, Florida 33133-5504, at or before, the specified closing date and time as designated in the IFB, RFP, RFQ, or RFLI. NO EXCEPTIONS. Bidders/Proposers are welcome to attend the solicitation closing; however, no award will be made at that time. A. Hardcopy responses shall be enclosed in a sealed envelope, box package. The face of the envelope, box or package trust show the hour and date specified for receipt of responses, the solicitation number and title, and the name and return address of the Bidder/Proposer. Hardcopy responses not submitted on the requisite Response Forms may be rejected. Hardcopy responses received at any other location than the specified shall be deemed non -responsive. Directions to City Hall: FROM THE NORTH: 1-95 SOUTH UNTIL IT TURNS INTO US1. USI SOUTH TO 27TH AVE., TURN LEFT, PROCEED SOUTH TO SO. BAYSHORE DR. (3RD TRAFFIC LIGHT), TURN LEFT, BLOCK TURN RIGHT ON PAN AMERICAN DR. CITY HALL IS AT THE END OF PAN AMERICAN DR. PARKING IS ON RIGHT. FROM THE SOUTH: US] NORTH TO 27TH AVENUE, TURN RIGHT, PROCEED SOUTH TO SO. BAYSHORE DR. (3RD TRAFFIC LIGHT), TURN LEFT, T BLOCK TURN RIGHT ON PAN AMERICAN DR. CITY HALL IS AT THE END OF PAN AMERICAN DR. PARKING IS ON RIGHT. B. Facsimile responses will not be considered. C. Failure to follow these procedures is cause for rejection of bid/proposal. D. The responsibility for obtaining and submitting a response on or before the close date is solely and strictly the responsibility of Bidder/Proposer. The City of Miami is not responsible for delays caused by the United States mail delivery or caused by any other occurrence. Responses received after the solicitation closing date and time will be returned unopened, and will not be considered for award. E. Late responses will be rejected. F. All responses are subject to the conditions specified herein. Those which do not comply with these conditions are subject to rejection. G. Modification of responses already submitted will be considered only if received at the City before the time and date set for closing of solicitation responses. All modifications must be submitted via the Oracle System or in writing. Once a solicitation closes (closed date and/or time expires), the City will not consider any subsequent submission which alters the responses. H. If hardcopy responses are submitted at the same time for different solicitations, each response must be placed in a separate envelope, box, or package and each envelope, box or package must contain the information previously stated in 1.82.A. 1.80. TAXES - The City of Miami is exempt from any taxes imposed by the State and/or Federal Government. Exemption certificates will be provided upon request. Notwithstanding, Bidders/Proposers should be aware of the fact that all materials and supplies which are purchased by the Bidder/Proposer for the completion of the contract is subject to the Florida State Sales Tax in accordance with Section 212.08, Florida Statutes, as amended and all amendments thereto and shall be paid solely by the Bidder/Proposer. 1.81. TERMINATION —The City Manager on behalf of the City of Miami reserves the right to terminate this contract by written notice to the contractor effective the date specified in the notice should any of the following apply: A. The contractor is determined by the City to be in breach of any of the terms and conditions of the contract. B. The City has determined that such termination will be in the best interest of the City to terminate the contract for its own convenience; C. Funds are not available to cover the cost of the goods and/or services. The City's obligation is contingent upon the availability of appropriate funds. 1.82. TERMS OF PAYMENT - Payment will be made by the City after the goods and/or services awarded to a Bidder/Proposer have been received, inspected, and found to comply with award Page 37 of 49 Invitation for Bid (IFB) 198158,2 specifications, free of damage or defect, and properly invoiced. No advance payments of any kind will be made by the City of Miami. Payment shall be made after delivery, within 45 days of receipt of an invoice and authorized inspection and acceptance of the goods/services and pursuant to Section 218.74, Florida Statutes and other applicable law. 1.83. TIMELY DELIVERY - Time will be of the essence for any orders placed as a result of this solicitation. The City reserves the right to cancel such orders, or any part thereof, without obligation, if delivery is not made within the time(s) specified on their Response. Deliveries are to be made during regular City business hours unless otherwise specified in the Special Conditions. 1.84. TITLE - Title to the goods or equipment shall not pass to the City until after the City has accepted the goods/equipment or used the goods, whichever comes first. 1.85.TRADE SECRETS EXECUTION TO PUBLIC RECORDS DISCLOSURE- All Responses submitted to the City are subject to public disclosure pursuant to Chapter 119, Florida Statutes. An exception may be made for "trade secrets." lf the Response contains information that constitutes a "trade secret", all material that qualifies for exemption from Chapter 119 must be submitted in a separate envelope, clearly identified as "TRADE SECRETS EXCEPTION," with your firm's name and the Solicitation number and title marked on the outside. Please be aware that the designation of an item as a trade secret by you may be challenged in court by any person. By your designation of material in your Response as a "trade secret" you agree to indemnify and hold harmless the City for any award to a plaintiff for damages, costs or attorney's fees and for costs and attorney's fees incurred by the City by reason of any legal action challenging your claim. 1.86. UNAUTHORIZED WORK OR DELIVERY OF GOODS- Neither the qualified Bidder(s)/Proposer(s) nor any of his/her employees shall perform any work or deliver any goods unless a change order or purchase order is issued and received by the Contractor. The qualified Bidder(s)/Proposer(s) shall not be paid for any work performed or goods delivered outside the scope of the contract or any work performed by an employee not otherwise previously authorized. 1.87. USE OF NAME - The City is not engaged in research for advertising, sales promotion, or other publicity purposes. No advertising, sales promotion or other publicity materials containing information obtained from this Solicitation are to be mentioned, or imply the name of the City, without prior express written permission of the City Manager or the City Commission. 1.88. VARIATIONS OF SPECIFICATIONS - For purposes of solicitation evaluation; bidders/proposers must indicate any variances from the solicitation specifications and/or conditions, no matter how slight. If variations are not stated on their Response, it will be assumed that the product fully complies with the City's specifications. Page 38 of 49 Invitation for Bid (IFB) 198158,2 2. Special Conditions 2.1. PURPOSE The purpose of this Solicitation is to establish a contract, for the furnishing of rental of vehicles on an as needed, when needed rental basis, citywide, as specified herein, from a source(s) of supply that will give prompt and efficient service fully compliant with the terms, conditions and stipulations of the solicitation. 2.2. DEADLINE FOR RECEIPT OF REQUEST FOR ADDITIONAL INFORMATION/CLARIFICATION Any questions or clarifications concerning this solicitation shall be submitted by email or facsimile to the Purchasing Department, Attn: Terry Byrnes, CPPB; fax: (305) 400-5230 or email: tbyrnes@ci.miami.fl.us. The solicitation title and number shall be referenced on all correspondence. All questions must be received no later than Tuesday, August 31, 2010 at 3:00 PM. All responses to questions will be sent to all prospective bidders/proposers in the form on an addendum. NO QUESTIONS WILL BE RECEIVED VERBALLY OR AFTER SAID DEADLINE. 2.3. TERM OF CONTRACT The Contract shall commence upon the date of notice of award and shall be effective for two (2) years with the option to extend for two (2) additional one (1) year periods, subject to the availability of funds for succeeding fiscal years. Continuation of the Contract beyond the initial period is a City prerogative; not a right of the Bidder. This prerogative will be exercised only when such continuation is clearly in the best interest of the City. 2.4. CONDITIONS FOR RENEWAL Each renewal of this Contract is subject to the following: (I) continued satisfactory performance compliance with the specifications, terms and conditions established herein and (2) availability of funds. 2.5. FIXED AND FIRM PRICING WITH PRICE ADJUSTMENT (3RD AND 4TH YEAR) Bidders are required to bid fixed and firm pricing for each of the rental rates (weekly, daily, monthly) indicated on the Price Lines Section for the first two years and may adjust pricing on the last two option to renew years. Pricing on the third and fourth year shall also be fixed and firm. 2.6. NON -APPROPRIATION OF FUNDS In the event no funds or insufficient funds are appropriated and budgeted or are otherwise unavailable in any fiscal period for payments due under this contract, then the City, upon written notice to Successful Bidder(s) or their assignee of such occurrence, shall have the unqualified right to terminate the contract without any penalty or expense. No guarantee, warranty or representation is made that any particular project(s) will be awarded to any firm(s). 2.7. METHOD OF AWARD The method of award for this bid is to, at a maximum, the three (3) lowest responsive, responsible bidder(s) when adding the vehicle weekly, daily and monthly, rate for each of the category and arriving to an overall lowest four (4) year total on a group by group basis or in the aggregate under the commercial insurance vehicle rental rate plan. Bidders must bid on all categories listed under a particular group to be considered Page 39 of 49 Invitation for Bid (IFB) 198158,2 for award. It is also mandatory for bidder to submit vehicle rental rates for Group A for award consideration for the other remaining particular groups (B-F). The City of Miami reserves the right to award bid to the three (3) lowest responsive, responsible bidder(s), if applicable, as deemed to be most advantageous and in the best interest of the City. 2.8. BIDDERS MINIMUM QUALIFICATIONS Bids will be considered only from fimis that are regularly engaged in the business of providing goods and/or services as described in this Bid; that have a record of performance for a minimum period of five (5) years; 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. Bidder shall not have: (1) any member, officer, or stockholder that is in arrears or 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 or (2) any record of pending lawsuits or criminal activities or have ever been declared bankrupt. 2.9. DELIVERY Vehicles will be picked up by designated City personnel at the Successful Bidder(s) facility. 2.10. SERVICE AND FACILITIES The Successful Bidder(s) shall maintain and/or operate a service/repair facility in both Miami -Dade and Broward County areas and shall provide reasonably prompt service and/or repair for City rental vehicles, as needed. Service and repairs required due to ordinary wear, mechanical malfunction or manufacturer defect shall be the complete responsibility of the Successful Bidder(s). Other service and/or repair as may be required shall be covered by the Insurance Policies of the Successful Bidder(s) as detailed in Insurance Requirements stated below in Section 2.13, subject to the deductible selected by the City of Miami. Additional service requirements shall be as stipulated in the Specifications. 2.11. FAILURE TO PERFORM / LIQUIDATED DAMAGES Should it not be possible to reach the Successful Bidder(s) or supervisor and/or should remedial action not be taken within forty-eight (48) hours of any failure to perform according to specifications, the City reserves the right to declare Successful Bidder(s) in default of the contract or make daily rate reductions in the contract payment toward the vehicle rental amount established in the bid form for each vehicle per group and category, not as a form of a penalty, but as mere compensation for the loss of use of required vehicle. 2.12. EQUAL PRODUCT Selected manufacturer's names, brand names and models are used in these Specifications for the purpose of establishing a minimum requirement for level of quality, standards of performance and design required for vehicles to be used and are in no way intended to prohibit the bidding of other manufacturer's vehicles of equal quality, unless otherwise indicated. Equal (substitution) may be bid, provided product so bid is found to be equal in quality, standards of performance, design, etc. to item specified, unless otherwise indicated. The City of Miami shall have the sole discretion as to what manufacturer's brand and model is considered equal product. 2.13. INSURANCE REQUIREMENTS Determination of award will be based, in part, upon the lease/rental rate having Insurance Coverage that is acceptable to the City. Bidders are required to bid with the insurance listed in the Price Lines Section. The Page 40 of 49 Invitation for Bid (IFB) 198158,2 bidder shall furnish to City of Miami, c/o Purchasing Department, 444 SW 2nd Avenue, 6th Floor, Miami, Florida 33130, Certificate(s) of Insurance which indicate that insurance coverage has been obtained which meets the requirements as outlined below: INSURANCE REQUIREMENTS FOR A CERTIFICATE OF INSURANCE- RENTAL VEHICLES CITYWIDE I. Commercial General Liability A. Limits of Liability Bodily Injury and Property Damage Liability Each Occurrence S1,000,000 General Aggregate Limit $2,000,000 Products/Completed Operations $1,000,000 Personal and Advertising Injury S1,000,000 B. Endorsements Required City cif Miami included as an Additional Insured II. Business Automobile Liability A. Limits of Liability Bodily Injury and Property Damage Liability Combined Single Limit Owned/Hired/Non Owned/Rental Any One Accident $1,000,000 B. Endorsements Required City of Miami included as an additional insured City of Miami employees as an additional insured If primary and excess liability layers are provided, the City of Miami and its employees must appear listed as an additional insured on both policies. III. Worker's Compensation Limits of Liability Statutory -State of Florida Employer's Liability A. Limits of Liability S 100,000 for bodily injury caused by an accident, each accident. S 100,000 for bodily injury caused by disease, each employee $500,000 for bodily injury caused by disease, policy limit IV. Physical Damage Collision & Other than Collision (Comprehensive) Deductible -Maximum of (S1,000) deductible Maximum liability or deductible to the City on this coverage shall be ($100.00) per accident. City shall not be responsible for "diminution of value" claims, or any other related depreciation charges. The above policies shall provide the City of Miami with written notice of cancellation or material Page 41 of 49 Invitation for Bid (IFB) 98158,2 change from the insurer not less than (30) days prior to any such cancellation or material change. Companies authorized to do business in the State of Florida, with the following qualifications, shall issue all insurance policies required above: The company must be rated no less than "A" as to management, and no less than "Class V" as to Financial Strength, by the latest edition of Best's Insurance Guide, published by A.M. Best Company, Oldwick, New Jersey, or its equivalent. All policies and /or certificates of insurance are subject to review and verification by Risk Management prior to insurance approval. 2.14. METHOD OF PAYMENT Payment shall be made upon receipt and acceptance of all properly invoiced, approved and completed billings. No down or partial down payments shall be made. 2.15. RESPONSE TIME Response times are required per Specifications, Section 3.0. 2.16. ADDITIONS/DELETIONS OF FACILITIES/PRODUCTS/SUPPLIERS Although this Solicitation identifies specific items/products to be serviced, it is hereby agreed and understood that any related item/products may be added/deleted to/from this contract at the option of the City. When an addition to the contract is required, the Successful Bidder(s) under this contract, and other suppliers, as deemed necessary, shall be invited to submit price quotes for these new items/products. If these quotes are comparable with market prices offered for similar items/products, the supplier(s) and item(s) shall be added to the contract if it is in the best interest of the City and an addendum and a separate purchase order or change order shall be issued by the City. 2.17. TOLLS AND MOVING VIOLATIONS Successful Bidder(s) are not to pay any toll or red light violations. Successful Bidder(s) are to provide notice of these toll or red light violations to the appropriate Contract Administrator for their follow-up. The City of Miami will address these violations and provide a response to the Successful Bidder(s) with proof of the action taken. If Successful Bidder(s) choose(s) to pay the summons/citations, the City of Miami will reimburse the Successful Bidder(s) for the expense incurred. 2.18. CONTRACT ADMINISTRATORS Upon award, Successful Bidder(s) shall report and work directly with Officer Sandra Cruz for Police; John Babos, Light Fleet Superintendant, for Fleet and all other lnter-Departmental Services, who shall be designated as the Contract Administrators. 2.19. TIE BIDS Whenever two or more Bids which are equal with respect to price, quality and service are received by the City for the procurementof-commoditiesor-contractual-services,-a-Bid received -from-a.business-that....---.-. certifies that it has implemented a drug -free workplace program shall be given preference in the award process. Established procedures for processing Tie Bids will be followed if none of the tied vendors have a drug -free workplace program. In order to have a drug -free workplace program, a business shall: (1) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the action that will be taken against employees for violations of such prohibition; Page 42 of 49 invitation for Bid (IFB) 198158,2 (2) Inform employees about the dangers of drug abuse in the workplace, the business' policy of maintaining a drug free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations; (3) Give each employee engaged in providing the commodities or contractual services that are under Bid a copy of the statement specified in subsection (1); (4) In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under Bid, the employee will abide by the terms of the statement and will notify the employer of any conviction or plea of guilty or nolo contendere to any violation of Florida Statute 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 finding; (5) Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program, if such is available in the employee's community, by any employee who is so convicted and (6) Make a good faith effort to continue to maintain a drug -free workplace through implementation of this section. 2.20. BID BOND All responses shall be accompanied by a Certified Check, Cashier's Check or Surety Bond in the amount of S5,000.00, payable to the City of Miatni and conditioned upon the successful bidder submitting the specified Performance Bond within ten (10) days following notice of award, in the fonn and manner required by the City. In case of failure or refusal to do so within the time stated, the security submitted with the bid will be forfeited as liquidated damages because of such failure or default. Bid Bond will be returned (except the three (3) lowest bidders) within ten (10) days after Contract Award by the City Commission, and/or receipt of an acceptable Performance Bond from the Successful Bidder(s). The City of Miami reserves the right to reject any and all security tendered to the City. NOTE: (1) The bonds required above shall be issued by companies authorized to do business under the laws of the State of Florida with a general policyholders' rating of no less than "A" and the amount of any required bond shall not exceed 5% of the reported policyholders' surplus as reported in the latest edition of Best's Key Rating Guide, published by Alfred M. Best Company, Inc. 2.21. PERFORMANCE BOND Within ten (10) working days following notice of award by the City, the Successful Bidder(s) shall furnish to the City of Miami, a Performance Bond in the total amount of the Cost to the City for the period of the contract (to be determined at the time of award). The Performance Bond can be in the fonn of a Cashier's Check, made payable to the City of Miami; a bond written by a surety company authorized to do business in the State of Florida and shall comply with Florida State Statute 287.0935; or an Irrevocable Letterof Credit. If the latter is chosen, it must be written on a bank located in Miami -Dade County, be in the amount of the contract and should clearly and expressly state that it cannot be revoked until express written approval has been given by the City of Miami. The City, to draw on same, would merely have to give written notice to the bank with a copy to the Successful Bidder(s). 2.22. ADVERTISING 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. 2.23. CONFIDENTIALITY The Successful Bidder shall agree to comply with any confidentiality requirements established by the City, if applicable, and Successful Bidder's personnel shall comply with same. Page 43 of 49 Invitation for Bid (IFB) 198158,2 2.24. WARRANTY Manufacturers warranties on vehicles covered by this contract shall be considered, whereas successful bidder.shall obtain warranty schedules and call upon manufacture for warranty claims. Bidders are requested to bid credits for those months where warranties are in effect reducing the scope of the contract. 2.25. REFERENCES Each Bid must be accompanied by a list of three (3) references as reflected in the Header/Attributes Section of this Solicitation, which shall include the name of the company, dates of contract, description of goods supplied, a contact person and the telephone number. NO BID WILL BE CONSIDERED WITHOUT THIS LIST. 2.26. TERMINATION A. FOR DEFAULT If Successful Bidder 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 pan, upon written notice without penalty to the City of Miami. In such event the Successful Bidder 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 was not in default or (2) the Successful Bidder's failure to perform is without Successful Bidder or its subcontractor's control, fault or negligence, the termination will be deemed to be a termination for convenience of the City of Miami. B. 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 interest of the City of Miami. If this Contract is for supplies, products, equipment, or software, and so tenninated for convenience by the City of Miami the Successful Bidder 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. 2.27. 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 Solicitation. 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 Terns and Conditions in this Bid Solicitation are the only conditions applicable and that the Bidder's authorized signature affixed to the Bidder's acknowledgment form attests to the same. 2.28. PRIMARY CLIENT (FIRST PRIORITY) The Successful Bidder(s) agrees upon award of this contract that the City of Miami shall be its primary client and shall be serviced first during a schedule conflict arising between this contract and any other contract Successful Bidder(s) may have with any other cities and/or counties to perform similar services as a result of any catastrophic events such as tornadoes, hurricanes, severe storms or any other public emergency impacting various areas during or approximately the same time. Page 44 of 49 Invitation for Bid (IFB) 198158,2 3. Specifications 3.1. SPECIFICATIONS/SCOPE OF WORT: CITY OF MIAMI AND CITY OF MIAMI POLICE TOTAL ESTIMATED ANNUAL QUANTITY: 135 - 195 VEHICLE SPECIFICATIONS: The vehicle shall be late models with low mileage (po more than 15010 miles), neat and clean in appearance, and in good operating condition complete with air conditioning, automatic transmission, AM/FM Radio, ABS brakes, power windows, power door locks, and power steering. There will be no maximum mileage allowance, excess mileage charges, or rental charges of any nature except for standard refueling charges allowed on any rental. TYPE: Vehicles shall be categorized as compact, midsize, full-size, sports utility (SUV), sports/sporty, pick-ups, vans, large vans and luxury. Bidders must submit bids to include each of the categories listed below and specify the makes/models/year .to be supplied to the City. What you list will be required, as a minimum, to provide. The Police Department normally requires six (6) or eight (8) cylinder vehicles (midsize or above) and occasionally the compact, four (4) cylinder vehicles. SPECIAL CONDITIONS: The City may, at the City's expense have the windows of any rented vehicle tinted. No charge will be levied on the City for the removal of such tinting at any time. The Successful Bidder(s) is/are to provide a monthly report, upon request by City, listing al] rented/lease vehicles with the corresponding contract number, vehicle number and name of the driver/renter. VEHICLE PICK-UP LOCATIONS: Successful Bidder(s) shall make available multiple secure rental locations for vehicle pickup/exchanges within Miami -Dade and froward Counties. One local site shall be Successful Bidder(s) largest supply base in Miami -Dade County, i.e. Miami International Airport (Intermodal Center), and in Broward County, i.e. Ft. Lauderdale International Airport, with no less than two locations per county. If a location(s) is/are closed or made unavailable for any unforeseen reason, Successful Bidder(s) is to notify the City immediately. The City and the Successful Bidder(s) may secure together another site to be made available for City use. You are required to list and attach all sites available for pick-up/drop off and exchange on the Header/Attachments Section of this bid. Failure to list required sites may deem your bid non -responsive. EXCHANGE: A replacement vehicle shall be provided within the shortest time possible, not to exceed two (2) hours. When a replacement vehicle is not available within two (2) hours, an upgrade vehicle must be supplied at no additional charge to the City. If exchange is for Police, Successful Bidder(s) shall immediately notify the Deputy Chief of the Administration Division or designee of the Police Department when a regular contract vehicle is available. Use of substitute vehicles shall not exceed seventy-two (72) hours. A minimum of six (6) vehicles must be available at all times for any exchanges to be made. Successful Bidder(s) shall notify the Deputy Chief of the Administration Division or designee of the Police Department to make provisions for maintenance at a 24-hour minimum notice. Also, if rental is by the police Department the following applies: If an officer needs to exchange a vehicle for a same Group/Category vehicle this may be done without prior approval of the Contract Administrator or Deputy Chief of the Administration Division. Approval by the Contract Administrator or Deputy Chief of the Administration Division is required if an officer needs to exchange his vehicle to a lower Group/Category vehicle or a higher Group/Category-vehicle No upgrades will be allowed unless authorized by the Deputy Chief of the Administration Division or designee of the Police Department. Failure by Successful Bidder(s) to follow proper protocol for the issuance of upgrades will be subject to termination of contract. Successful Bidder(s) must provide on a yearly basis an updated list of all vehicle categories. ACCEPTANCE OF VEHICLE BY THE CITY: The vehicles shall be maintained and delivered to the Page 45 of 49 Invitation for Bid (IFB) 198158,2 City in good condition. If a vehicle does not meet the conditions as set forth, the vehicle shall be returned to the Successful Bidder(s) in exchange for a suitable vehicle. AUTHORIZATION TO PICK-UP RENTAL VEHICLES: If the bidder is in doubt about the authenticity of the person picking up the Rental Vehicles, the Successful Bidder(s).shall contact the Contract Administrator or Police Department's, Deputy Chief of the Administration Division or designee to verify authorization. MAINTENANCE AND REPAIR SERVICES Regular Maintenance: The Successful Bidder's maintenance facility shall be located within the Miami -Dade or Broward County area. Facility shall be available for complete regular maintenance of all rented vehicles, excluding purchase of gas. Regular Maintenance shall include, but is not limited to: engine tune-ups; tire checks, rotation and replacement where required; replace/fix flat tires as needed; battery checks, charges and replacement as needed; oil changes and lubrication; and all service and/or repair necessary for the continuous proper operation of the vehicles. Damage Inspection: The City shall have the right to inspect any vehicle damaged during the City's use. The Department of Risk Management must be notified immediately of all damages, which may have occurred during the City's use at (305) 416-1700. In the event of such damage, no repairs or service shall commence until the City has completed inspection of the vehicle. REPLACEMENT VEHICLES: When a vehicle is out of service due to mechanical breakdown, repairs, accident, preventive maintenance, or any other reason that is not due to any fault or negligence of the City of Miami, the Lessor shall furnish a replacement at no additional charge. Replacements with an upgraded model when not made at the specific request of the City will be made with no additional charges. A pro -rated daily rental charge (1/30 of the monthly charge) shall be deducted from the monthly payments for any vehicle out of service for which no adequate replacement is provided for each day, or portion thereof exceeding four (4) hours and no adequate replacement is provided for a vehicle out of service. RENTAL REQUIREMENTS: The bidder will furnish the City of Miami a statement of procedures which should be followed by the user of the rental vehicle when they experience a mechanical or other problems with the rental vehicle. The Successful Bidder(s) shall avoid placing demands on the City of Miami, which results in lost productive work time for the user of the vehicle. Two specific examples of this precaution are listed below: The Successful Bidder(s) must provide a minimum notice of 48 hours to the Contract Administrator or Deputy Chief of the Administration Division or designee of the Police Department, when they require a rental vehicle to be exchanged for another vehicle. Successful Bidder(s) will be required to provide the Contract Administrator or Deputy Chief of the Administration Division or designee of the Police Department within 48 hours of the exchange via fax or e-mail with a copy of the contract indicating the vehicle exchange information. The Successful Bidder(s) will conduct all of the administrative details with the Contract Administrator or Deputy Chief of the Administration Division or designee of the Police Department when they require a rental vehicle to be exchanged for another vehicle. REFUELING; The Successful Bidder(s) shall absorb refueling costs of a returned vehicle under 2 gallons. VEHICLE TYPES: Including, but not limited to, the following: GROUP A: Category 1: Compact Sedan (2 & 4 Doors't Chevrolet Cobalt Dodge Caliber Ford Focus Kia Rio/Spectra Nissan Versa Page 46 of 49 Invitation for Bid (IFB) 198158,2 Toyota Yaris/Corolla Estimated Quantities: 10-15 Monthly Bid must include al least Four (4) different makes and Four (4) different models from this category to be responsive. Category 2: Midsize Sedan (2 & 4 Doors) Chevrolet Malibu Dodge Avenger Ford Fusion Mazda 6 Chrysler Sebring Hyundai Sonata Pontiac Vibe/G6 Saturn Aura Estimated Ouantities: 20-30 Monthly Bid must include at least Four (4) different makes and Four (4) different models from this category to be responsive. Category 3: Full -Size Vehicles: Buick Lacroisse/Lucerne Dodge Charger Ford Taurus Toyota Camry Honda Accord Mitsubishi Gallant Nissan Maxima/Altima Chevrolet Impala Estimated Quantities: 10-15 Monthly Bid must include at least Four (4) different makes and Four (4) different models from this category to be responsive. Category l: Pickup Trucks (up to One Ton Capacity): Chevrolet Silverado, 1500 and Extended Cab Dodge Ram and Extended Cab Ford F-150 and Super Crew Cab Nissan Titan Toyota Tundra Estimated Ouantities: 15-20 Monthly Bid must include at least two (2) different makes and two (2) different models from this category to be responsive. GROUP C: Page 47 of 49 Category 1: Ford Jeep GMC Chevrolet Toyota Nissan Sports Utility Vehicles (Four/Two Wheel Drive,: Explorer, Tahoe, Expedition Grand Cherokee Envoy, Yukon Trailblazer, Suburbans 4Runner XTerra/Murano/Pathfinder Invitation for Bid (IFB) 198158,2 Estimated Quantities: 65-85 Monthly Bid must include at least Four (4) different makes and Four (4) different models from this category and only those makes and models listed above will be acceptable. GROUP D: Category l: Ford Chrysler Mitsubishi Nissan VW Jeep Sports/Sporty Cars: Mustang Sebring Convertible Eclipse Cube Beetle Wrangler Estimated Quantities: 0-5 Monthly Bid must include at least four (4) different makes and four (4) different models from this category to be responsive. GROUP E: Cateeory 1: Vans: Dodge Nissan Toyota Chrysler Chevrolet Kia Estimated Quantities: 15 Bid must include at least responsi ve. Category 2: Chevrolet Grand Caravan Quest Sienna Town & Country Uplander Sedona -20 Monthly Four (4) different makes and Four (4) different models from this category to be Laroe Vans (14- 16 passenger): Express or similar ._Ford E-350 Estimated Quantities: 0-2 Monthly GROUP F: Page 48 of 49 Invitation for Bid (IFB) 198158,2 Category l: Luxury: Cadillac CTS, DTS Infinity G37 Lincoln Towncar/MKZ Buick Enclave Volvo S-60 Estimated Ouantities: 5 - 10 Monthly Bid must include at least two (2) different makes and two (2) different models from this category to be responsive. For each of the categories specified above, all makes and models must be available to the City and no restrictions may be placed on the City requiring that a specified percentage of each make/model be used. Bidder shall indicate on the bid sheet the makes/models they intend to furnish under each of the categories previously specified. Other models may be furnished during the term of the contract, subject to the approval by the City. Page 49 of 49