HomeMy WebLinkAboutRequest for ProposalsCity of Miami
Request for Proposals
(RFP)
Purchasing Department
Miami Riverside Center
444 SW 2nd Avenue, 6th Floor
Miami, Florida 33130
Web Site Address: http://ci.miami.fl.us/procurement
RFP Number: 287252,3
Title: Request For Proposals to Provide City of
Miami Towing Services - Citywide
Issue Date/Time: 30-JAN-2012
RFP Closing Date/Time: 20-APR-2012 @ 13:00:00
Pre -Bid Conference:
Pre -Bid Date/Time:
Pre -Bid Location:
Deadline for Request for Clarification: Wednesday, February 8, 2012 at 3:00 PM
Buyer: Byrnes, Terry
Hard Copy Submittal Location: City of Miami - City Clerk
3500 Pan American Drive
Miami FL 33133 US
Buyer E-Mail Address: tbyrnes@ci.miami.fl.us
Buyer Facsimile: (305) 400-5230
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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 180 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: DATE.
FAILURE TO COMPLETE, SIGN. AND RETURN THIS FORM SHALL DISOUALIFY THIS BID.
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Certifications
Legal Name of Firm:
Entity Type: Partnership, Sole Proprietorship, Corporation, etc.
Address, City, State, Zip, Contact Name, Title, Phone, Fax, Email:
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 18-110 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 47
Line: 1
Description: ANNUAL REVENUE PROPOSAL: Amount offered to the City of Miami on an
annual basis (minimum $25,000)
Category: 96890-00
Unit of Measure: Dollar
Unit Price: $
Number of Units: 1 Total: $
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Request for Proposals (RFP) 287252,3
Table of Contents
Terms and Conditions 6
1. General Conditions 6
1.1. GENERAL TERMS AND CONDITIONS 6
2. Special Conditions 27
2.1. PURPOSE 27
2.2. DEADLINE FOR RECEIPT OF REQUEST FOR ADDITIONAL
INFORMATION/CLARIFICATION 27
2.3. CONTRACT EXECUTION 27
2.4. TERM OF CONTRACT 27
2.5. CONDITIONS FOR RENEWAL 27
2.6. FAILURE TO PERFORM 27
2.7. NON -APPROPRIATION OF FUNDS 28
2.8. PROPOSERS MINIMUM QUALIFICATION REQUIREMENTS 28
2.9. MINIMUM EQUIPMENT REQUIREMENTS 30
2.10. PRINCIPALS REQUIREMENTS 31
2.11. IRREVOCABLE LETTER OF CREDIT 31
2.12. INSPECTION OF FACILITY AND EQUIPMENT 32
2.13. PERMITS AND LICENSES 32
2.14. INSURANCE REQUIREMENTS FOR A CERTIFICATE OF INSURANCE-
TOWING/AUTOMOTIVE REPAIR SERVICES 32
2.15. CONTRACT ADMINISTRATOR 34
2.16. SUBCONTRACTORS OF WORK SHALL BE IDENTIFIED 34
2.17. DAMAGES TO PUBLIC/PRIVATE PROPERTY 35
2.18. TERMINATION FOR CAUSE OR CONVENIENCE 35
2.19. ANNUAL REVENUE PROPOSAL 35
2.20. WORK ASSIGNMENTS IDENTIFIED BY THE CITY 36
2.21. UNAUTHORIZED SERVICES 36
2.22. ADDITIONAL TERMS AND CONDITIONS 36
2.23. CHANGES/ALTERATIONS 36
2.24. EVALUATION/SELECTION PROCESS AND CONTRACT AWARD 36
2.25. ANNUAL ZONE ASSIGNMENTS 37
2.26. AUDIT RIGHTS AND RECORDS RETENTION 38
2.27. TRUTH IN NEGOTIATION CERTIFICATE 38
3. Specifications 39
3.1. SPECIFICATIONS/SCOPE OF WORK 39
4. Submission Requirements 45
4.1. SUBMISSION REQUIREMENTS 45
5. Evaluation Criteria 47
5.1. EVALUATION CRITERIA 47
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Request for Proposals (RFP) 287252,3
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 manner 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 terms 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 formal 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 party shall be entitled to recover its costs and reasonable attomey's fees through and including
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Request for Proposals (RFP) 287252,3
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 times to the City, or to any of its duly authorized representatives, to any books, documents, papers,
and records of Contractor which are directly pertinent to this formal solicitation, for the purpose of audit,
examination, excerpts, and transcriptions. The Successful Bidder/Proposer shall maintain and retain any and all of
the books, documents, papers and records pertinent to the Contract for three (3) years after the City makes final
payment and all other pending matters are closed. Contractor's failure to or refusal to comply with this condition
shall result in the 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.
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Request for Proposals (RFP) 287252,3
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 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 returned 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/perform 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
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Request for Proposals (RFP) 287252,3
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 depai tment. 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 public records, conflict of interest, records keeping, etc. City and Contractor agree to comply with and observe all
applicable laws, codes and ordinances as that may in any way affect the goods or equipment offered, including but
not limited to:
A. Executive Order 11246, which prohibits discrimination against any employee, applicant, or client because of
race, creed, color, national origin, sex, or age with regard to, but not limited to, the following: employment
practices, rate of pay or other compensation methods, and training selection.
B. Occupational, Safety and Health Act (OSHA), as applicable to this 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 Formal Solicitation.
E. Uniform 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.
I. 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 City of Miami residents; requires as a condition
precedent to the execution of service contracts including professional services.
Lack of knowledge by the bidder/proposer will in no way be a cause for relief from responsibility. Non-compliance
with all local, state, and federal directives, orders, and laws may be considered grounds for 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
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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 comments or the
performance of market research regarding a particular RFP, RFQ, RFLI OR IFB by City Purchasing staff.
Proposers or bidders must file a copy of any written communications with the Office of the City Clerk, which shall
be made available to any person upon request. The City shall respond in writing and file a copy with the Office of
the City Clerk, which shall be made available to any person upon request. Written communications may be in the
form of e-mail, with a copy to the Office of the City Clerk.
In addition to any other penalties provided by law, violation of the Cone of Silence by any proposer or bidder shall
render any award voidable. A violation by a particular Bidder, Proposer, Offeror, Respondent, lobbyist or
consultant shall subject same to potential penalties pursuant to the City Code. Any person having personal
knowledge of a violation of these provisions shall report such violation to the State Attorney and/or may file a
complaint with the Ethics Commission. Proposers or bidders should reference Section 18-74 of the City of Miami
Code for further clarification.
This language is only a summary of the key provisions of the Cone of Silence. Please review City of Miami Code
Section 18-74 for a complete and thorough description of the Cone of Silence. You may contact the City Clerk at
305-250-5360, to obtain a copy of same.
1.21. CONFIDENTIALITY - As a political subdivision, the City of Miami is subject to the Florida Sunshine Act
and Public Records Law. If this Contract/Agreement contains a confidentiality provision, it shall have no application
when disclosure is required by Florida law or upon court order.
1.22. CONFLICT OF INTEREST — Bidders/Proposers, by responding to this Formal Solicitation, certify that to
the best of their knowledge or belief, no elected/appointed official or employee of the City of Miami is financially
interested, directly or indirectly, in the purchase of goods/services specified in this Formal Solicitation. Any such
interests on the part of the Bidder/Proposer or its employees must be disclosed in writing to the City. Further, you
must disclose the name of any City employee who owns, directly or indirectly, an interest of five percent (5%) or
more of the total assets of capital stock in your firm.
A. Bidder/Proposer further agrees not to use or attempt to use any knowledge, property or resource which may
be within his/her/its trust, or perform his/her/its duties, to secure a special privilege, benefit, or exemption for
himself/herself/itself, or others. Bidder/Proposer may not disclose or use information not available to members of
the general public and gained by reason of his/her/its position, except for information relating exclusively to
governmental practices, for his/her/its personal gain or benefit or for the personal gain or benefit of any other person
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or business entity.
B. Bidder/Proposer hereby acknowledges that he/she/it has not contracted or transacted any business with the
City or any person or agency acting for the City, and has not appeared in representation of any third party before any
board, commission or agency of the City within the past two years. Bidder/Proposer further warrants that he/she/it
is not related, specifically the spouse, son, daughter, parent, brother or sister, to: (i) any member of the commission;
(ii) the mayor; (iii) any city employee; or (iv) any member of any board or agency of the City.
C. A violation of this section may subject the Bidder/Proposer to immediate termination of any professional
services agreement with the City, imposition of the maximum fine and/or any penalties allowed by law.
Additionally, violations may be considered by and subject to action by the Miami -Dade County Commission on
Ethics.
1.23. COPYRIGHT OR PATENT RIGHTS — Bidders/Proposers warrant that there has been no violation of
copyright or patent rights in manufacturing, producing, or selling the goods shipped or ordered and/or services
provided as a result of this formal solicitation, and bidders/proposers agree to hold the City harmless from any and
all liability, loss, or expense occasioned by any such violation.
1.24. COST INCURRED BY BIDDER/PROPOSER - All expenses involved with the preparation and submission
of Responses to the City, or any work performed in connection therewith shall be borne by the
Bidder(s)/Proposer(s).
1.25. DEBARMENT AND SUSPENSIONS (Sec 18-107)
(a) Authority and requirement to debar and suspend. After reasonable notice to an actual or prospective Contractual
Party, and after reasonable opportunity for such party to be heard, the City Manager, after consultation with the
Chief Procurement Officer and the city attorney, shall have the authority to debar a Contractual Party, for the causes
listed below, from consideration for award of city Contracts. The debarment shall be for a period of not fewer than
three years. The City Manager shall also have the authority to suspend a Contractual Party from consideration for
award of city Contracts if there is probable cause for debarment, pending the debarment determination. The
authority to debar and suspend contractors shall be exercised in accordance with regulations which shall be issued
by the Chief Procurement Officer after approval by the City Manager, the city attorney, and the City Commission.
(b) Causes for debarment or suspension. Causes for debarment or suspension include the following:
(1) Conviction for commission of a criminal offense incident to obtaining or attempting to obtain a
public or private Contract or subcontract, or incident to the performance of such Contract or subcontract.
(2) Conviction under state or federal statutes of embezzlement, theft, forgery, bribery, falsification or
destruction of records, receiving stolen property, or any other offense indicating a lack of business
integrity or business honesty.
(3) Conviction under state or federal antitrust statutes arising out of the submission of Bids or
Proposals.
(4) Violation of Contract provisions, which is regarded by the Chief Procurement Officer to be
indicative of nonresponsibility. Such violation may include failure without good cause to perform in
accordance with the terms and conditions of a Contract or to perform within the time limits provided in a
Contract, provided that failure to perform caused by acts beyond the control of a party shall not be
considered a basis for debarment or suspension.
(5) Debarment or suspension of the Contractual Party by any federal, state or other governmental
entity.
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(6) False certification pursuant to paragraph (c) below.
(7) Found in violation of a zoning ordinance or any other city ordinance or regulation and for which
the violation remains noncompliant.
(8) Found in violation of a zoning ordinance or any other city ordinance or regulation and for which a
civil penalty or fine is due and owing to the city.
(9) Any other cause judged by the City Manager to be so serious and compelling as to affect the
responsibility of the Contractual Party performing city Contracts.
(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 perform new work where prior work has been rejected as
nonconforming with the teiius 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.
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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)/Proposer(s)
during the term of the contract. Such discounts shall remain in effect for a minimum of 120 days from approval by
the City Commission Any discounts offered by a manufacturer to Bidder/Proposer will be passed on to the City.
1.30. DISCREPANCIES, ERRORS, AND OMISSIONS - Any discrepancies, errors, or ambiguities in the Formal
Solicitation or addenda (if any) should be reported in writing to the City's Purchasing Depaiunent. Should it be
found necessary, a written addendum will be incorporated in the Formal Solicitation and will become part of the
purchase agreement (contract documents). The City will not be responsible for any oral instructions, clarifications,
or other communications.
A. Order of Precedence — Any inconsistency in this formal solicitation shall be resolved by giving precedence to the
following 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 of a hurricane or other emergency or disaster
situation, the successful vendor shall provide the City with the commodities/services defined within the scope of this
formal solicitation at the price contained within vendor's response. Further, successful vendor shall 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 RFLIs, 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.
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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 not be awarded to any person or firm which is in arrears to the City upon any debt or contract, or
which is a defaulter as surety or otherwise upon any obligation to the City.
2) A contract may not be awarded to any person or firm which has failed to perform under the terms and conditions
of any previous contract with the City or deliver on time contracts of a similar nature.
3) A contract may not be awarded to any person or firm which has been debarred by the City in accordance with
the City's Debarment and Suspension Ordinance.
C. Determination of Responsibility
1) Responses will only be considered from entities who are regularly engaged in the business of providing the
goods/equipment/services required by the Formal Solicitation. Bidder/Proposer must be able to demonstrate a
satisfactory record of performance and integrity; and, have sufficient financial, material, equipment, facility,
personnel resources, and expertise to meet all contractual requirements. The terms "equipment and organization" as
used herein shall be construed to mean a fully equipped and well established entity in line with the best industry
practices in the industry as 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 Conditions shall be cause for the bid (IFB) to be considered non -responsive. It also may be
cause for a RFP, RFQ, or RFLI to be considered non -responsive; and, if exceptions are taken to the terms and
conditions of the resulting agreement it may lead to terminating negotiations.
1.36. F.O.B. DESTINATION - Unless otherwise specified in the Formal Solicitation, all prices quoted/proposed by
the bidder/proposer must be F.O.B. DESTINATION, inside delivery, with all delivery costs and charges included in
the bid/proposal price, unless otherwise specified in this Formal Solicitation. Failure to do so may be cause for
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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. 18-110)
(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 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 less than the minimum wage for all hours worked in Florida. Accordingly,
it is the contractor's and its' subcontractor(s) responsibility to understand and comply with this Florida constitutional
minimum wage requirement and pay its employees the current established hourly minimum wage rate, which is
subject to change or adjusted by the rate of inflation using the consumer price index for urban wage earners and
clerical workers, CPI-W, or a successor index as calculated by the United States Depaitiuent 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 1st.
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
term 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
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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 (IIHI) and/or Protected Health Information (PHI) shall comply with the
Health Insurance Portability and Accountability Act (HIPAA) of 1996 and the City of Miami Privacy Standards.
HIPAA mandates for privacy, security and electronic transfer standards, which include but are not limited to:
A. Use of information only for performing services required by the contract or as required by law;
B. Use of appropriate safeguards to prevent non -permitted disclosures;
C. Reporting to the City of Miami of any non -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 IIIII/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 - Contractor shall indemnify , hold harmless and defend the City, its officials,
officers, agents, directors, and employees, from liabilities, damages, losses, and costs, including, but not limited to
reasonable attorney's fees, to the extent caused by the negligence, recklessness or intentional wrongful misconduct
of Contractor and persons employed or utilized by Contractor in the performance of this Contract and will
indemnify, hold harmless and defend the City, its officials, officers, agents, directors and employees against, any
civil actions, statutory or similar claims, injuries or damages arising or resulting from the permitted work, even if it
is alleged that the City, its officials and/or employees were negligent, unless such injuries or damages are ultimately
proven to be the result of grossly negligent or willful acts or omissions on the part of the City, its officials and/or
employees.. These indemnifications shall survive the term of this Contract. In the event that any action or
proceeding is brought against City by reason of any such claim or demand, Contractor shall, upon written notice
from City, resist and defend such action or proceeding by counsel satisfactory to City. The Contractor expressly
understands and agrees that any insurance protection required by this Contract or otherwise provided by Contractor
shall in no way limit the responsibility to indemnify, keep and save harmless and defend the City or its officers,
employees, agents and instrumentalities as herein provided.
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The indemnification provided above shall obligate Contractor to defend at its own expense to and through appellate,
supplemental or bankruptcy proceeding, or to provide for such defense, at City's option, any and all claims of
liability and all suits and actions of every name and description which may be brought against City whether
performed by Contractor, or persons employed or utilized by Contractor.
This indemnity will survive the cancellation or expiration of the Contract. This indemnity will be interpreted under
the laws of the State of Florida, including without limitation and which conforms to the limitations of §725.06
and/or §725.08, Fla. Statues, as amended from time to time as applicable.
Contractor shall require all Sub -Contractor agreements to include a provision that they will indemnify the City.
The Contractor agrees and recognizes that the City shall not be held liable or responsible for any claims which may
result from any actions or omissions of the Contractor in which the City participated either through review or
concurrence of the Contractor's actions. In reviewing, approving or rejecting any submissions by the Contractor or
other acts of the Contractor, the City in no way assumes or shares any responsibility or liability of the Contractor or
Sub -Contractor, under this Agreement.
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 term hereof, inspect Contractor's facilities and
perform such tests, as the City deems reasonably necessary, to determine whether the goods and/or services
required to be provided by the Contractor under this Contract conform 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 terms 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 N1 SW
2nd Avenue, 9th Floor, Miami, Florida 33130, 305-416-1604.
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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
A. City Code Section 18-85, states, "when a responsive, responsible non -local bidder submits the lowest bid
price, and the bid submitted by one or more responsive, responsible local bidders who maintain a local office, as
defined in Section 18-73, is within fifteen percent (15%) of the price submitted by the non -local bidder, then that
non -local bidder and each of the aforementioned responsive, responsible local bidders shall have the opportunity to
submit a best and final bid equal to or lower than the amount of the low bid previously submitted by the non -local
bidder. Contract award shall be made to the lowest responsive, responsible bidder submitting the lowest best and
final bid. In the case of a tie in the best and final bid between a local bidder and a non -local bidder, contract award
shall be made to the local bidder."
B. City Code Section 18-86, states, "the RFP, RFLI or RFQ, as applicable, may, in the exercise of the reasonable
professional discretion of the City Manager, director of the using agency, and the Chief Procurement Officer,
include a five (5%) percent evaluation criterion in favor of proposers who maintain a local office, as defined in
Section 18-73. In such cases, this five (5%) percent evaluation criterion in favor of proposers who maintain a local
office will be specifically defined in the RFP, RFLI or RFQ, as applicable; otherwise, it will not apply.
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 Formal Solicitation and resultant purchase orders or contracts, if applicable, shall be
binding upon the City unless made in writing by the Director of Purchasing of the City of Miami, Florida through
the issuance of a change order, addendum, amendment, or supplement to the contract, purchase order or award sheet
as appropriate.
1.52. 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 119, Florida Statutes.
Items delivered not conforming 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 all re -procurement costs may be charged against the
defaulted contractor. Any violation of these stipulations may also result in the supplier's name being removed from
the City of Miami's Supplier's list.
1.54. NONDISCRIMINATION —Bidder/Proposer agrees that it shall not discriminate as to race, sex, color, age,
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religion, national origin, marital status, or disability in connection with its performance under this formal
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 formal solicitation does not constitute the exclusive rights of the
successful bidder(s)/proposer(s) to receive all orders that may be generated by the City in conjunction with this
Formal Solicitation.
In addition, 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 I of the City of Miami Charter. Others with a
location outside the City of Miami shall meet their local Occupational License Tax requirements. A copy of the
license must be submitted with the 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".
1.58. OWNERSHIP OF DOCUMENTS - It is understood by and between the parties that any documents, records,
files, or any other matter whatsoever which is given by the City to the successful Bidder/Proposer pursuant to this
formal solicitation shall at all times remain the property 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.
1.60. PERFORMANCE/PAYMENT BOND —A Contractor may be required to furnish 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
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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 Formal Solicitation. The Bidder/Proposer
shall sign the Response and print in ink or type the name of the Bidder/Proposer, address, and telephone number on
the face 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 of the contract, at the City's discretion.
G. The City of Miami's Response Forms shall be used when Bidder/Proposer is submitting its response in
hardcopy format. Use of any other forms will result in the rejection of the response. IF SUBMITTING
HARDCOPY FORMAT, THE ORIGINAL AND THREE (3) COPIES OF THESE SETS OF FORMS, UNLESS
OTHERWISE SPECIFIED, AND ANY REQUIRED ATTACHMENTS MUST BE RETURNED TO THE CITY
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.
1.65. PROMPT PAYMENT —Bidders/Proposers may offer a cash discount for prompt payment; however,
discounts shall not be considered in determining the lowest net cost for response evaluation purposes.
Bidders/Proposers are required to provide their prompt payment terms in the space provided on the Formal
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Solicitation. If no prompt payment discount is being offered, the Bidder/Proposer must enter zero (0) for the
percentage discount to indicate no discount. If the Bidder/Proposer fails to enter a percentage, it is understood and
agreed that the terms shall be 2% 20 days, effective after receipt of invoice or final acceptance by the City,
whichever is later.
When the City is entitled to a cash discount, the period of computation will commence on the date of delivery, or
receipt of a correctly completed invoice, whichever is later. If an adjustment in payment is necessary due to
damage, the cash discount period shall commence on the date final approval for payment is authorized. If a discount
is part of the contract, but the invoice does not reflect the existence of a cash discount, the City is entitled to a cash
discount with the period commencing on the date it is determined by the City that a cash discount applies.
Price discounts off the original prices quoted on the Price Sheet will be accepted from successful bidders/proposers
during the term of the contract.
1.66. PROPERTY - Property owned by the City of Miami is the responsibility of the City of Miami. Such property
furnished to a Contractor for repair, modification, study, etc., shall remain the property of the City of Miami.
Damages to such property occurring while in the possession of the Contractor shall be the responsibility of the
Contractor. Damages occurring to such property while in route to the City of Miami shall be the responsibility of the
Contractor. In the event that such property is destroyed or declared a total loss, the Contractor shall be responsible
for replacement value of the property at the current market value, less depreciation of the property, if any.
1.67. 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
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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 S25,000, the City
Commission must approve the City Manager's decision. Such authority extends, without limitation, to controversies
based upon breach of Contract, mistake, misrepresentation or lack of complete performance, and shall be invoked by
a Contractual Party by submission of a protest to the City Manager.
(b) Contract dispute decisions. If a dispute is not resolved by mutual consent, the City Manager shall promptly
render a written report stating the reasons for the action taken by the City Commission or the City Manager which
shall be fmal 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
B. 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 Depaittuent 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
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Procurement Officer within two days after receipt by the bidder of the notice of the city's determination of non
responsiveness or non responsibility. The receipt by bidder of such notice shall be confirmed by the city by facsimile
or electronic mail or U.S. mail, return receipt requested. A notice of intent to file a protest is considered filed when
received by the Chief Procurement Officer.
iii. A written protest based on any of the foregoing must be submitted to the Chief Procurement Officer within five
(5) days after the date the notice of protest was filed. A written protest is considered filed when received by the
Chief Procurement Officer.
The written protest may not challenge the relative weight of the evaluation criteria or the formula for assigning
points in making an award determination.
The written protest shall state with particularity the specific facts and law upon which the protest of the solicitation
or the award is based, and shall include all pertinent documents and evidence and shall be accompanied by the
required Filing Fee as provided in subsection (f). This shall form the basis for review of the written protest and no
facts, grounds, documentation or evidence not contained in the protester's submission to the Chief Procurement
Officer at the time of filing the protest shall be permitted in the consideration of the written protest.
No time will be added to the above limits for service by mail. In computing any period of time prescribed or
allowed by this section, the day of the act, event or default from which the designated period of time begins to run
shall not be included. The last day of the period so computed shall be included unless it is a Saturday, Sunday or
legal holiday in which event the period shall run until the end of the next day which is neither a Saturday, Sunday or
legal holiday. Intermediate Saturdays, Sundays and legal holidays shall be excluded in the computation of the time
for filing.
(b) Authority to resolve protests. The Chief Procurement Officer shall have the authority, subject to the approval of
the City Manager and the city attorney, to settle and resolve any written protest. The Chief Procurement Officer
shall obtain the requisite approvals and communicate said decision to the protesting party and shall submit said
decision to the City Commission within 30 days after he/she receives the protest. In cases involving more than
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 party to timely file either the notice of intent to file a protest or
the written protest, together with the required Filing Fee as provided in subsection (f), with the Chief Procurement
Officer within the time provided in subsection (a), above, shall constitute a forfeiture of such party's right to file a
protest pursuant to this section. The protesting party shall not be entitled to seek judicial relief without first having
followed the procedure set forth in this section
(d) Stay of Procurements during protests. Upon receipt of a written protest filed pursuant to the requirements of this
section, the city shall not proceed further with the solicitation or with the award of the Contract until the protest is
resolved by the Chief Procurement Officer or the City Commission as provided in subsection (b) above, unless the
City Manager makes a written determination that the solicitation process or the Contract award must be continued
without delay in order to avoid an immediate and serious danger to the public health, safety or welfare.
(e) Costs. All costs accruing from a protest shall be assumed by the protestor.
(f) Filing Fee. The written protest must be accompanied by a filing fee in the form of a money order or cashier's
check payable to the city in an amount equal to one percent of the amount of the Bid or proposed Contract, or
$5000.00, whichever is less, which filing fee shall guarantee the payment of all costs which may be adjudged against
the protestor in any administrative or court proceeding. If a protest is upheld by the Chief Procurement Officer
and/or the City Commission, as applicable, the filing fee shall be refunded to the protestor less any costs assessed
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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 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 must show the hour and date specified for receipt of responses, the solicitation number and title, and the
name and return address of the Bidder/Proposer. Hardcopy responses not submitted on the requisite Response
Forms may be rejected. Hardcopy responses received at any other location than the specified shall be deemed
non -responsive.
Directions to City Hall:
FROM THE NORTH: I-95 SOUTH UNTIL IT TURNS INTO US1. US1 SOUTH TO 27TH AVE., TURN LEFT,
PROCEED SOUTH TO SO. BAYSHORE DR. (3RD TRAFFIC LIGHT), TURN LEFT, 1 BLOCK TURN RIGHT
ON PAN AMERICAN DR. CITY HALL IS AT THE END OF PAN AMERICAN DR. PARKING IS ON RIGHT.
FROM THE SOUTH: US1 NORTH TO 27TH AVENUE, TURN RIGHT, PROCEED SOUTH TO SO.
BAYSHORE DR. (3RD TRAFFIC LIGHT), TURN LEFT, 1 BLOCK TURN RIGHT ON PAN AMERICAN DR.
CITY HALL IS AT THE END OF PAN AMERICAN DR. PARKING IS ON RIGHT.
B. Facsimile responses will not be considered.
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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 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.
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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."
If 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 attomey's fees and for costs and attomey'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.
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2. Special Conditions
2.1. PURPOSE
The purpose of this Solicitation is to establish a contract, for the provision of towing services - citywide by zone
format, 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: tbymes@ci.miami.fl.us.
The solicitation title and number shall be referenced on all correspondence. All questions must be received no later
than Wednesday, February 8, 2012 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. CONTRACT EXECUTION
The selected Proposer(s) evaluated and ranked in accordance with the requirements of this Solicitation, shall be
awarded an opportunity to negotiate a contract ("Contract") with the City. The City reserves the right to execute or
not execute, as applicable a Contract with the selected Proposer(s) that is determined to be most advantageous and in
the City's best interest. Such Contract 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.
2.4. TERM OF CONTRACT
The Contract shall commence upon the date of notice of award and shall be effective for three (3) 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.
2.5. CONDITIONS FOR RENEWAL
Each renewal of this Contract is subject to the following:
(1) continued satisfactory performance compliance with the specifications, terms and conditions established herein
and
(2) availability of funds.
2.6. FAILURE TO PERFORM
Should it not be possible to reach the contractor or supervisor and/or should remedial action not be taken within 48
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Request for Proposals (RFP) 287252,3
hours of any failure to perform according to specifications, the City reserves the right to declare Contractor in
default of the contract or make appropriate reductions in the contract payment.
2.7. NON -APPROPRIATION OF FUNDS
In the event no funds or insufficient funds are appropriated and budgeted or are otherwise unavailable in any fiscal
period for payments due under this contract, then the City, upon written notice to Successful Proposer(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).
2.8. PROPOSERS MINIMUM QUALIFICATION REQUIREMENTS
Responses shall be considered only from firms that are regularly engaged in the business of providing towing
services as described herein. The Proposer shall meet each of the following minimum qualification
requirements, and submit documentation as required pursuant to this RFP. Failure to submit evidence of
satisfaction of the minimum qualifications shall result in the Proposer being deemed not qualified.
A. Proposer must: (i) be, and have been, regularly and primarily engaged in the business of providing Towing
Services; (ii) have a satisfactory record of performance providing towing services within the City for a period of at
least four (4) years immediately preceding the submission; and (iii) have sufficient financial support, equipment,
facilities, and personnel to ensure that the services can be satisfactorily performed if awarded a contract.
B. Proposer must be fully licensed to perform the services. This includes occupational license(s) and any other
licenses needed to provide towing and storage for the City of Miami, as outlined in this RFP, such as licenses to tow
from the public right-of-ways. Towing licenses to tow from private property exclusively are not acceptable.
Copies of all current licenses are to be submitted with your Response.
C. Proposer must have an office and storage facility established in the City, preferably in the Zone for which the
Response is being submitted. The customer waiting area shall be covered. The office shall be a permanent structure
(no temporary trailers, mobile homes, etc.); and its office and facility must have been located and established within
the City for a minimum of one (1) year prior to issuance of this RFP. Written verification that a towing agency has
been located within the City for an entire year must be provided (Certificate of Use, Occupational License, lease,
etc). If a firm has moved from one City address to another within the City in the past year, that will be acceptable,
however, verification of its past and present location within the City, regardless of the number of locations, must be
provided to meet the minimum one (1) year requirement. The Evaluation Committee, or member(s) thereof, may
conduct a site visit to Proposer's facility to verify compliance with this requirement.
D. Proposer must submit with its Response evidence that, if awarded a Contract, it shall be able to post an
Irrevocable Letter of Credit in the amount of $10,000, and in accordance with the requirements set forth below
shall submit a letter from its bank/financial institution attesting to the Proposer's financial stability and ability to
provide an Irrevocable Letter of Credit/Security upon execution of Contract, should Proposer be awarded a contract
under this RFP.
E. Proposer's premises must be properly identified by signs on the exterior of structures,(letters displayed no less
than 12 inches in height), i.e. visible from the adjacent access road. The Evaluation Committee, or member(s)
thereof, may conduct a site visit to Proposer's facility to verify compliance with this requirement.
F. Proposers shall not have conflicts of interest which may be of embarrassment to the Citv.Proposer must
submit the most recent certified business financial statement as of a date not earlier than the end of the
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Proposer's preceding official tax accounting period, together with a statement in writing, signed by a duly authorized
representative, stating that the present financial condition is materially the same as that shown on the balance sheet
and income statement submitted, or with an explanation for a material change in the financial condition. A copy of
the most recent business income tax return will be accepted if certified financial statement is unavailable.
Additionally, Proposers are to submit a copy of their most recent independently audited (or unaudited if audited not
available) Financial Statements for the past three (3) years.
G. The premises and all equipment must be maintained in a reasonable state of cleanliness and repair. Working
areas, interior and exterior of structures shall be kept free of debris and inappropriate articles or inconsistent with the
operation of towing services. The Evaluation Committee, or member(s) thereof, may conduct a site visit to
Proposer's facility to verify compliance with this requirement. Refer to Special Conditions Section 2.09. for
Minimum Equipment Requirements.
H. Proposer must maintain at all times during the term of the Contract a separate telephone number on a
twenty-four (24) hour basis for incoming police calls, separate from and in addition to such other telephones as are
necessary to provide twenty-four (24) hour service to the public. (NO ANSWERING SERVICE, ANSWERING
MACHINE OR RECORDED MESSAGE WILL BE ACCEPTED). The Evaluation Committee, or member(s)
thereof, may conduct a site visit to Proposer's facility to verify compliance with this requirement.
I. Storage - At least one hundred (100) outside and two (2) inside storage spaces shall be immediately available.
Rates for storage area to be not more than those storage rates set forth in the Sample Towing Agreement. Proposers
shall have all the necessary licenses for storage. The Evaluation Committee, or member(s) thereof, may conduct
a site visit to Proposer's facility to verify compliance with this requirement.
J. Proposer shall not have any member, officer, or stockholder that is in arrears or is in default of any debt or
contract involving the City; is in default or a surety upon any obligation to the City and/or has failed to perform
faithfully any previous contract with the City. Proposer, nor any member, officer, or stockholder thereof, shall be in
arrears for any monies owed to the City for similar services provided in the past.
K. Should a prospective Proposer be in arrears of payments or fees due the City, at the time of issuance of this
RFP, the Proposer must contact Demetrio Constantiny, Finance Accounting Supervisor, of the Finance Department
and pav all monies stipulated therein before the date and time the responses are due. In addition. any
additional monies owed up to and including the Due Date for Receipt of Responses, as depicted within this
RFP, shall also be paid in full before the date and time Responses are due. All payments must be in the form of
a cashier's check or money order, payable to the City, and proof of actual payment to the City's Finance Department
of all overdue monies must accompany the Response. Personal or business checks will not be acceptable for
payment purposes.Current or future payment plans with the City for payment of overdue monies owed the City will
not be accepted or honored. The Finance Department shall determine if each Proposer seeking to perform towing
services is current in payments owed to the City. Should all amounts due not be paid in full by the due date and time
Responses are due, Proposer shall be deemed "non responsive" and shall not be allowed to participate in the towing
Contract pursuant to this RFP.
L. All firms are required to remain current in their payment of monies owed to the City while under contract.
When a towing firm is officially notified by the Finance Department that it is in arrears, at any time during the
towing contract with the City, and it fails to pay all monies by the due date, it shall be subject to immediate
suspension or termination from the towing contract, for the remainder of the entire contract, including extension
terms, as applicable. Further, its overdue fees shall be collected by the City from its Irrevocable Letter of Credit, and
the City may pursue other legal recourse to collect any of the remaining balance, if applicable. Regardless of
whether the towing agency remains under contract or has been terminated from said contract for its failure to meet
all requirements of the contract, the City shall, via any and all legal means necessary, seek recoupment of all monies
due the City payable in full, including attorney's fees. It may also be disbarred by the City as a vendor and be
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Request for Proposals (RFP) 287252,3
prevented from future participation in a towing contract.
Further, payments due the City from the Successful Proposer(s) shall be payable to the City no later than the 20th
day of the respective month. Whenever any Towing agency fails to collect or remit to the Finance Department
monies owed the City within the time limit therefore, the City shall assess the Towing Agency the amount of
monies due, plus interest at the rate of one percent (1%) per month or any fraction thereof, and a penalty of
ten percent (10%) of the monies due on uncollected or unremitted amounts.
Each Towing Agency shall be required to retum a Miami Police Tow Log and administrative fee remittance report
with its payment(s). A company tow log may be substituted if it contains all information required in the Miami
Police Tow Log.
M. All administrative fees for public and private towing shall be paid monthly by the due date to the City's
Finance Department instead of the Miami Police Depaitinent. Payments shall be made each month by cash, cashier's
check or money order. No personal or company checks will be accepted. Payments shall be made directly to:
City of Miami Accounting Division
Finance Department
P.O. Box 330708
Miami, Fl. 33233-0708
The Miami Police Department, on an on -going basis, will provide the Finance Depai hnent with the Miami Police
Towing Administrative Fee Remittance Report, and the Miami Police Administrative Prior Month Release Report.
The Finance Depai talent will then reconcile the towing reports and assessment with the monies received, and bill
and collect any outstanding amounts due to the City.
N. Proposers shall have sufficient personnel along with the required equipment specified on Attachment D (see
Header/Attachments Section) in order to provide the required services. It is the intent of the City to ensure
Contractor has the proper equipment in good working condition, and employees to satisfactorily perform according
to specifications. The Evaluation Committee, or member(s) thereof, may conduct a site visit to Proposer's
facility to verify compliance with this requirement. Throughout the term of the contract, unannounced visits
may occur by designated City of Miami officials to ensure ongoing compliance with the contract terms.
Proposers who fail to meet anv of the above minimum qualifications shall be deemed non -responsive.
2.9. MINIMUM EQUIPMENT REQUIREMENTS
Proposers must adhere to and meet the following equipment requirements, for qualification. Failure to meet
anv of the following shall disqualify Proposer. Refer to Header/Attachments Section, Attachment D for
further specification.
A. Definition: The term "Tow Truck" and "Wrecker" are used in the RFP interchangeably to mean any
motor vehicle equipped with booms, winches, or similar equipment designed for recovery and towing of vehicles,
trailers, motor homes and objects which cannot operate under their own power and must be transported in the tow
and control of another vehicle, which meets the requirements of the Miami -Dade County Towing Ordinance, and
displays the appropriate decal for Class A, B, C, or D tow truck, as specifically described in Header Attachments
Section, Attachment D. All wreckers shall be fully hydraulic.
B. Required Equipment by Zone: Proposers shall submit with its Response a copy of the vehicle registration,
VIN, for each truck/equipment that will be used for the services of this RFP or evidence that it owns or has a first
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Request for Proposals (RFP) 287252,3
party lease valid for the life of the Contract for the following equipment. Any changes in vehicles during the first
two years of this contract, must be announced, in advance of changes, to the Contract Administrator.
Reductions below required minimum inventory may be cause for firm to be deemed non -responsive and be
suspended or terminated from this contract.
1) Firms must have a total of five (5) Class A wreckers; at least two (2) shall be Class A, and at least two (2)
shall be Class A Flatbed. The remaining 5th wrecker can be either of the above.
2) One (1) Class `B" wrecker.
3) One (1) Class "B" slide back car carrier.
4) Two (2) Class "C" wreckers, one (1) of which shall be underlift equipped or one (1) Class "D" Wrecker
which shall be underlift equipped.
Proposer shall submit with its Response a copy of the current valid vehicle registration for each of the
equipments to be used for the services in the RFP.
C. Appearance and Condition of Equipment:
1) Tow Trucks are to be neat, clean, and give an overall acceptable appearance.
2) Each Tow Truck shall have standard fenders, hood, doors and bumper, and be mechanically and
structurally sound.
3) Tow Trucks are to be free of body damage, which would interfere with tasks to be performed or
distract substantially from overall appearance.
4) Each Tow Truck shall be lettered commercially with Successful Proposer(s)'s license number on the
front of the tow truck or car carrier body, in letters at least three (3) inches high; and on the driver and passenger
sides of the vehicle doors, the Successful Proposer(s) name in letters at least three (3) inches high; and in letters at
least one (1) inch high, the Successful Proposer(s) principal address and telephone number. Stick -on or magnetic
signs are prohibited, as are any references to police emergency or wording denoting a similar connotation.
5) Regardless of age, Tow Truck and service vehicles can be used, as long as vehicle meets the City's
requirements in appearance and mechanical condition as set forth in this RFP.
2.10. PRINCIPALS REQUIREMENTS
The principal(s) of a Proposer or Successful Proposer shall not be principal(s) of another responding Proposer or
Successful Proposer (for purposes of this Request for Proposals, the term "principal" of the Proposer means an
owner, officer or member of the Proposer's Board of Directors). Additionally, no Proposer shall have a stockholder
who also owns stock of another Proposer under this RFP.
2.11. IRREVOCABLE LETTER OF CREDIT
Proposer must submit with its Response evidence that, if awarded a Contract, it shall be able to post an
Irrevocable Letter of Credit in the amount of $10,000, in accordance with the requirements set forth below. For
the purposes of this RFQ, Proposer shall submit with its Response a letter from its bank/financial institution
attesting to the Proposer's financial stability and ability to provide an Irrevocable Letter of Credit/Security upon
execution of Contract, should Proposer be awarded a contract under this RFQ.
The City requires an irrevocable letter of credit in the amount of $10,000, from each awarded towing firm,
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which must be delivered by the Towing Agency to the City to secure Towing Agency's performance under this
Agreement. Towing Agency agrees and acknowledges that the City may, without demand or notice to the Towing
Agency, collect from the Letter of Credit all amounts due to City by Towing Agency and all other amounts required
by the City to cure any default of Towing Agency under this Agreement, in the City's sole discretion, including all
amounts incurred in the investigation of an occurrence of a default and/or the enforcement of this Agreement,
including reasonable attorney's fees and costs. In the event that the City draws upon the Letter of Credit, Towing
Agency agrees to take all action necessary to cause a new Letter of Credit to be issued, as herein required, or to
restore the amount of the Letter of Credit to its original amount within five (5) days after receipt of City's notice that
it has drawn upon the Letter of Credit.
2.12. INSPECTION OF FACILITY AND EQUIPMENT
As part of the process to determine qualifications, Proposers' facility(s) and equipment may be inspected by the
City's Qualification Committee, or member(s) thereof, to determine compliance with the requirements of this RFP.
Following execution of the Contract, inspection of facility and the equipment of Proposer(s) may be made by
members of the City Police Department at any time during the term of the Contract, as deemed appropriate by the
City.
As part of the qualification process of Proposers, should the equipment fail to meet the minimum qualification
requirements set forth in Header/Attachments Section, Attachment D, the Qualification Committee and/or
designated personnel shall allow Proposer(s) to be given a period of ten (10) calendar days after written notification
by the Qualification Committee and/or designated personnel in which to meet the equipment requirements. After
that time, a final inspection shall be conducted to determine Proposer's full compliance with the minimum
equipment requirements. Should the Proposer meet the requirements, it shall be deemed qualified.Should the
Proposer fail to meet the requirements, it shall be deemed not qualified.
2.13. PERMITS AND LICENSES
The Successful Proposer(s) shall obtain and pay for all licenses, permits and inspection fees that may be required
for these services, when applicable. Damages, penalties, and/or fines imposed on the City for any qualified
Proposer's failure to obtain required licenses, permits or fines shall be borne solely by the Proposer. Additionally,
copies of all licenses required to complete these services should be included with bidder's response to this RFP.
2.14. INSURANCE REQUIREMENTS FOR A CERTIFICATE OF INSURANCE-
TOWING/AUTOMOTIVE REPAIR SERVICES
The Successful Proposers shall furnish Certificate(s) of Insurance which indicate insurance coverage has been
obtained which meets the requirements as outline below:
Commercial General Liability
Limits of Liability
Bodily Injury and Property Damage Liability
Each Occurrence S500,000
General Aggregate Limit S1,000,000
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Products/Completed Operations $500,000
Personal and Advertising Injury $500,000
Endorsements Required
City of Miami included as an Additional Insured
Employees included as insured
Independent Contractors Coverage
Contractual Liability
Waiver of Subrogation
Premises/Operations
Broad Form Property Damage
Business Automobile Liability
Limits of Liability
Bodily Injury and Property Damage Liability
Combined Single Limit
Any Auto
Including Hired, Borrowed or Non -Owned Autos
Any One Accident $ 500,000
Endorsements Required
City of Miami included as an Additional Insured
Worker's Compensation
Limits of Liability
Statutory -State of Florida
Waiver of subrogation
Employer's Liability
A. Limits of Liability
S 100,000 for bodily injury caused by an accident, each accident.
$100,000 for bodily injury caused by disease, each employee
$500,000 for bodily injury caused by disease, policy limit
Garage Liability including Keepers Legal Liability
A. Limits of Liability
B. Deductibles
Comprehensive Each Auto $1,000/$2,500 Max
Collision or Upset Each Auto $1,000/$5,000 Max
$ 500,000
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All insurance policies required above shall be issued by companies authorized to do business under the laws
of the State of Florida, with the following qualifications:
The company must be rated no less than "A" as to management, and
no less than Class "V" as to financial strength, by the latest edition of
Best's Insurance Guide, published by A.M. Best Company, Oldwick, New Jersey, or its Equivalent
subject to the approval of the City's Department of Risk Management.
Certificates of insurance will indicate no modification or change in insurance without (30) days in advance
notice to the certificate holder.
Certificate Holder Must Read: City of Miami
444 SW 2nd Avenue
Miami, Florida 33130
BINDERS ARE UNACCEPTABLE
Compliance with the foregoing requirements shall not relieve the Successful Proposer(s) of his liability and
obligation under this section or under any other section of this Agreement.
The Successful Proposer(s) shall be responsible for assuring that the insurance certificates required in conjunction
with this Section remain in force for the duration of the contractual period; including any and all option terms that
may be granted to the Successful Proposer(s).
--If insurance certificates are scheduled to expire during the contractual period, the Successful Proposer(s) shall be
responsible for submitting new or renewed insurance certificates to the City at a minimum of ten (10) calendar days
in advance of such expiration.
—In the event that expired certificates are not replaced with new or renewed certificates which cover the
contractual period, the City shall:
A) Suspend the Contract until such time as the new or renewed certificates are received by the City in the
manner prescribed in the RFP.
B) The City may, at its sole discretion, terminate the Contract for cause and seek re -procurement damages from
the Successful Proposer(s) in conjunction with the violation of the terms and conditions of the Contract.
2.15. CONTRACT ADMINISTRATOR
Upon award, Successful Proposer(s) shall report and work directly with Det. G. Solomon, Traffic Crash Unit, 1701
NW 30 Ave., Miami, FL, who shall be designated as the Contract Administrator.
2.16. SUBCONTRACTORS OF WORK SHALL BE IDENTIFIED
As part of its Proposal, the Proposer is required to identify any and all Subcontractors that will be used in the
performance of the proposed contract, their capabilities, experience and the portion of the work to be done by the
Subcontractor. Failure to identify any and all Subcontractors in the Proposal may render the Proposal
non -responsive.
The Successful Proposer shall not, at any time during the tenure of the contract, subcontract any part of the
operations or assign any portion or part of the contract, to Subcontractor(s) not originally mentioned in the Proposal,
except under and by virtue of pennission granted by the City through the proper officials.
Nothing contained in these specifications shall be construed as establishing any contractual relationship between
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any Subcontractor and the City.
The Proposer shall submit all Sub -Contractor reference information including contacts, address, phone, fax, email,
copies of licenses required by the State of Florida and/or Miami -Dade County.
2.17. DAMAGES TO PUBLIC/PRIVATE PROPERTY
The Successful Proposer shall carry out the work with such care and methods as not to result in damage to public or
private property adjacent to the work. Should any public or private property be damaged or destroyed, the
Successful Proposer shall assume the expense and repair or make restoration as is practical and acceptable to the
City and/or owners of destroyed or damaged property promptly within a reasonable length of time (not to exceed
one month from date damage was done).
2.18. TERMINATION FOR CAUSE OR CONVENIENCE
Termination For Cause
The City shall have the right to terminate this Agreement upon the occurrence of any of the following events:
(a) Towing Agency's failure to tow within the guidelines of this contract, after the third notice of poor
performance;
(b) The occurrence of a monetary default which is not cured within ten (10) days following the City's notice of
default;
(c) Towing Agency's failure to comply with the RFP and final agreement provisions within the time specified
therein;
(d) Towing Agency's failure to comply with the insurance requirements set forth in this RFP;
(e) With respect to any other event of default, upon the recommendation of the Towing Review Board;
(f) Adjudication as bankrupt;
(g) The filing of insolvency, reorganization or bankruptcy petition (voluntary or involuntary);
(h) Abandonment of Towing Agency premises or discontinuance of operations;
(i) The making of general assignment for the benefit of creditors;
(j) Making any charge at rates greater than those established by this Agreement;
(k) Making changes to the name, structure, control or entity of a Towing Agency's corporate status by
way of transferring stock or ownership, without the prior written consent of the City Manager.
Termination For Convenience
The City Manager may terminate this Contract, in whole or in part, upon 30 days prior written notice when in the
best interest of the City of Miami. If this Contract is for supplies, products, equipment, or software, and so
terminated for convenience by the City of Miami the Successful Proposer(s) will be compensated in accordance with
an agreed upon adjustment of cost. To the extent that this Contract is for services and so terminated, the City of
Miami shall be liable only for payment in accordance with the payment provisions of the Contract for those services
rendered prior to termination.
2.19. ANNUAL REVENUE PROPOSAL
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Proposers shall submit a Revenue Proposal (as shown on the Lines Section) amount offered to the City of
Miami on an annual basis (minimum acceptable and responsive amount is $25,000 per year). Proposers must
submit a Revenue Proposal to be considered responsive. This amount will be paid to the City of Miami annually on
the anniversary date of the contract and is in addition to the towing fees identified in Section 3.0., Specifications, of
this RFP. The City will allow for Successful Proposer(s) to arrange payments of 50% initially, with the balance paid
over five additional equal monthly payments due the first of each month. If payment is not received by the first of
the month, the Successful Proposer(s) will be suspended from the contract until paid.
Failure to submit a Revenue Proposal as required shall disqualify Proposer from consideration.
2.20. WORK ASSIGNMENTS IDENTIFIED BY THE CITY
All service assignments during the contract period will be on an "as needed" basis, complying with notification
requirements. The City offers no guarantee as to the number or frequency of work assignments or the amount of
payments under the terms of this contract.
2.21. UNAUTHORIZED SERVICES
Neither the Successful Proposer(s) nor any of its employees shall perform any services unless duly authorized by
the Contract Administrator or authorized designee. The Successful Proposer(s) shall not be paid for any work
performed outside the scope of the award, or any work performed by an employee not otherwise previously
authorized.
2.22. ADDITIONAL TERMS AND CONDITIONS
No additional terms and conditions included with the Proposal 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 Terms and Conditions in this Solicitation are the only conditions applicable and that the Proposer's
authorized signature affixed to the Proposer's acknowledgment form attests to the same.
2.23. CHANGES/ALTERATIONS
Proposer may change or withdraw a Proposal at any time prior to Proposal submission deadline; however, no oral
modifications will be allowed. Written modifications shall not be allowed following the proposal deadline.
2.24. EVALUATION/SELECTION PROCESS AND CONTRACT AWARD
The procedure for response evaluation, selection and award is as follows:
(1) Solicitation issued.
(2) Receipt of responses
(3) Opening and listing of all responses received
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Request for Proposals (RFP) 287252,3
(4) Purchasing staff will review each submission for compliance with the submission requirements of the
Solicitation, including verifying that each submission includes all documents required.
(5) An Evaluation Committee, appointed by the City Manager, comprised of appropriate City Staff and members
of the community, as deemed necessary, with the appropriate technical expertise and/or knowledge, shall meet to
evaluate each response in accordance with the requirements of this Solicitation and based upon the evaluation
criteria as specified herein. All Proposers who meet the minimum qualifications shall be eligible for consideration
for contract award. It is the City's intent to award Contracts to ten (10) qualified Proposers; however, this number
may be increased or decreased depending on the number of qualified Proposers. Qualified Proposers will then be
considered for award of Zone based upon the following procedures. It shall be the City's sole discretion to award a
contract to any Proposer, based upon that which is in the best interest of the City.
(6) The Evaluation Committee reserves the right, in its sole discretion, to request Proposers to make oral
presentations before the Committee as part of the evaluation process. The presentation may be scheduled at the
convenience of the Evaluation Committee and shall be recorded.
(7) The Evaluation Committee reserves the right to rank the Proposals and shall submit its recommendation to the
City Manager for acceptance. If the City Manager accepts the Committee's recommendation, the City Manager's
recommendation for award of contract will be posted on the City of Miami Purchasing Depai anent 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. The
City Manager shall make his recommendation to the City Commission requesting the authorization to negotiate
and/or execute an agreement with the recommended Proposer(s). No Proposer(s) shall have any rights against the
City arising from such negotiations or termination thereof.
(8) The City Manager reserves the right to reject the Committee's recommendation, and instruct the Committee to
re-evaluate and make another recommendation, reject all proposals, or recommend that the City Commission reject
all proposals.
(9) The City Commission may approve the recommendations and authorize the City Manager to negotiate a
contract with the Successful Proposer(s) for the required services.
2.25. ANNUAL ZONE ASSIGNMENTS
It is the intention of the City to qualify Proposers and award for each Zone, under Category A services, Police and
Fire Dispatched Towing of private vehicles based on a 24 hour rotating basis (24 hours on -call and 24 hours off),
two (2) qualified Proposers. For purposes of this RFP, there are a total of five (5) Zones within the City. For the
provision of Category B services, all awarded Qualified Proposers will be required to provide towing services on a
monthly, rotational basis for City -owned, leased, or rented vehicles.
Should the City determine, at any time during the term of the Contract but particularly when there are less than two
(2) towing firms on a per zone basis, that it would be in its best interests, it may allow the addition of other qualified
towing firms to be added to the Contract to meet the needs of the City. It shall be in the City's sole discretion to do
so. Should the City determine a need exists, any towing firm seeking to be added to the Contract and a particular
zone must meet all minimum qualification requirements stipulated within the RFP, and be subject to a site and
equipment inspection to determine its qualifications for a zone.
The City will make zone assignments in the following manner. Qualified Proposers, based on the submitted
Revenue Proposal amounts from highest to lowest, will select the zone preference from the ten (10) zone awards. If
there is a tie among Qualified Proposers' submitted Revenue Proposal amounts, a lottery drawing will be conducted
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between the tied Qualified Proposers to determine the order of zone preference selection. If there are more than ten
(10) Qualified Proposers, the first ten (10) selected, based upon the above, will receive the zone assignments. If
there are fewer than ten (10) Qualified Proposers, all Qualified Proposers will receive one of the 10 zone
assignments and any remaining zone assignments will be made by repeating the Qualified Proposers List, from
highest to lowest Revenue Proposal amounts, until all 10 zone assignments are made. Final Award of Zone will be
confirmed subject to the City of Miami receiving their Annual Revenue Proposal within five (5) business days of
notification of award. Failure to submit the Revenue Proposal amount will result in contract suspension until paid,
but no more than ten (10) days, after which the Qualified Proposer will be deemed in default and removed from the
Final Award of Zone, and all remaining Qualified Proposers may move up one award level.
Approximately sixty (60) days prior to the anniversary date of each contract year, the City will issue an informal bid
for the zone selections for the following year. The Qualified Proposers must submit their bid as their Annual
Revenue Proposal. Each year, based on the highest to lowest amounts proposed, the zone selections will be
offered. Full payment or fifty percent (50%) payment with the balance paid over the next five (5) months in equal
installments must be arranged and/or made prior to annual contract renewal date. The Zone Selection process, as
defined above, will be repeated each anniversary year of the contract.
2.26. AUDIT RIGHTS AND RECORDS RETENTION
As previously stated in General Terms and Conditions, Section 1.8, the Qualified Proposer(s) agrees to provide
access to the City, and to any of its duly authorized representatives, to any books, documents, papers, and records of
the Qualified Proposer(s) which are directly pertinent to this Contract, for the purpose of audit, examination,
excerpts, and transcriptions. The Qualified Proposer(s) shall maintain and retain any and all books, documents,
papers and records pertinent to the Contract for three (3) years after the City makes final payment under the Contract
and all other pending matters are closed. On an ongoing basis, the most recent Financial Statements and audit
reports, whether intemal or outside audits, must be provided to the City. Qualified Proposer(s)'s failure to adhere to,
or refusal to comply with, this condition shall result in the immediate cancellation of the Contract by the City.
2.27. TRUTH IN NEGOTIATION CERTIFICATE
Execution of the resulting agreement by the Qualified Proposer shall act as the execution of truth -in -negotiation
certificate stating that wage rates and other factual unit costs supporting the compensation of the resulting
Agreement are accurate, complete, and current at the time of contracting. The original contract price and any
additions thereto shall be adjusted to exclude any significant sums by which City determines the contract price was
increased due to inaccurate, incomplete, or non -current wage rates and other factual unit costs. All such contract
adjustments shall be made within one (1) year following the end of the Agreement.
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3. Specifications
3.1. SPECIFICATIONS/SCOPE OF WORK
This RFP is seeking the services of qualified, experienced, and licensed Towing Agencies to provide towing
services for two (2) categories of services: Category A includes Police and Fire Dispatched Towing and Wrecker
Services for private vehicles; and Category B includes Towing of City -owned, leased and rented vehicles. The City
shall be divided into five (5) Zones for the provision of Category A services. Successful Proposers must provide
both Category A and Category B services.
The purpose of this RFP is to solicit qualified, experienced, and licensed towing firms for the provision of towing
services of private vehicles within the City's corporate limits, and City -owned, leased, or rented vehicles on an as
needed, when needed, basis based upon the requirements reflected herein.
These categories are reflected below:
Category A: Police / Fire Dispatched Towing & Wrecker Services for private vehicles:
To furnish towing and wrecker services, including all labor, materials and equipment, on an as -needed basis to the
City, particularly when requested by the Miami Police and Fire -Rescue Departments, in cases of, but not limited to,
accidents, traffic hazards, scofflaws, stolen and abandoned vehicles, etc.
For the purposes of Category A, the City has been divided into five (5) geographical Zones, as depicted and
described in the map attached hereto as Header/Attachments Section, Attachment C. It shall be the City's goal to
attempt to assure that within each towing Zone, the number of assigned calls for towing is equally distributed. Sixty
(60) days prior to the end of each year of the Contract, the City reserves the right to amend the Zone boundaries in
an attempt to assure that within each towing Zone, the number of assigned calls for towing is equally distributed.
For tow truck/wrecker requirements and definitions, please see Header/Attachments Section, Attachment D of this
RFP.
Category B: Towing of City -owned, leased, or rented vehicles
To provide towing services outside of City limits on a monthly, rotational basis, for all City -owned, leased or rented
passenger vehicles, trucks or heavy equipment and boats, from point of location to the City's Department of General
Services Administration (GSA) Fleet Services Division, 1390 N.W. 20th Street, Miami, Fla. Towing requests for
City -owned vehicles within the City limits shall be handled by the Towing Agency on call for that day. Equipment
used to tow shall be of a type not to damage City vehicles towed and, whenever possible, shall be towed on a flat
bed.
Points of location may be areas within the City, Miami -Dade County, and Broward County. Refer to Section 3.2. as
to maximum rates established for these tows.
NOTE: All firms who seek qualification must agree to provide both Category A and Category B services in
accordance with the requirements reflected within this RFP. Submitting a proposal shall be understood that you
agree to provide either service in accordance with the requirements.
Towing firms are to complete the attached Miami Police Tow Log, on a per tow basis. Towing companies may
utilize their own Log if it reflects all documentation contained within the Miami Police Tow Log. In addition, a
separate log for the towing of disabled City -owned vehicles must be prepared and submitted monthly with
corresponding invoices to GSA Fleet Management Division. All towing agencies will submit the GSA towing
invoices and Towing Log to John Babos, Light Fleet Superintendent or Designee.
3.2. MAXIMUM RATES ALLOWED BY CITY
The following shall be the maximum rates allowed to be charged for towing services. The rates set forth in this
section may be reviewed at the end of the first year of the term of the Contract and at any time thereafter, by the
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Contract Administrator and an authorized designee of the Department of General Services Administration. City
representatives will meet with a representative from each of the Towing Agencies under contract with the City prior
to any rate adjustment. As part of the review process, City representatives shall recommend to the City Manager for
his approval any proposed rate adjustments. Should a rate adjustment(s) be approved, the Contract(s) will be
modified and Towing Contractor(s) will be so notified, in writing.
Towing rates set forth in the RFP and subsequent Contract shall be posted in a conspicuous place in the facility and
in easily readable form at all times.
3.2.1. CATEGORY A : Towing of Privately owned vehicles
Towing Rates by Wrecker Class
Base rates shall include hookup, unlocking door if necessary, dropping of linkage, use of dolly and towing.
Mileage rate, as determined below, shall be allowed for each mile or fraction of a mile to all destinations, with the
exception of a City operated storage facility. Refer to Header/Attachments Section, Attachment D for description of
wrecker class.
Class "A"
(a) Base Rate (first 30 minutes) $ 92.00
(i) City Administrative Charge $ 26.00
(b) Mileage Rate -after first 5 miles $ 3.50
Class "B"
(a) Base Rate (first 30 minutes) S 168.00
(i) City Administrative Charge $ 26.00
(b) Mileage Rate -after first 5 miles $ 4.00
Class "C"
(a) Base Rate (first 30 minutes) $ 226.00
(i) City Administrative Charge $ 26.00
(b) Mileage Rate - after first 5 miles $ 5.00
Class "D"
• (a) Base Rate (first 30 minutes) $ 262.50
(i) City Administrative Charge $ 26.00
(b) Mileage Rate - after first 5 miles $ 5.00
Note: Mileage fees shall not be charged for towing a private vehicle to a city -operated storage facility. Mileage for
towing vehicles from outside City limits to City -operated storage facility shall be based on the one-way distance
between the pick up point, and the closest point of entry into Miami city limits.
Additionally, Successful Proposer(s) shall not charge a fee, e.g. "gate fee," for allowing the owner/agent to remove
the released vehicle from their property or the Successful Proposer(s) moving the vehicle to a location where the
owner/agent can take possession of the vehicle.
3.2.2. Auxiliary Charges
Any auxiliary services (e.g., low -boy tractor trailer or use of air bag recover system) are to be performed only if
required and appropriate.
(1) Low -boy Tractor Trailer $ 180.00 per hr
Air Cushion Recovery $ 180.00 per hr
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(2) Successful Proposer(s) Administrative Services
Basic Rate After First (24) hours $ 30.00
This administrative service is not an automatic "add -on" but only when required to comply with Florida Statutes,
and may be imposed by the Successful Proposer(s) for administrative services. This service refers to and includes
verification of public V.I.N.; search of vehicle for ownership information; preparation and processing of paperwork;
owner/lienholder information search; preparation and mailing of the first notification letter to owner. This
administrative fee will include the cost for the labor and postage for the mailing of the notification letter(s), as
required by law. Per the RFP, all actual fees imposed by the State for obtaining pertinent ownership information and
actual postage fees will be in addition to Section 3.2.2 cited herein.
The actual fee required by local tag agencies or computer service access time may be added to the above charges,
but shall not exceed S2.00 per vehicle. Fees required by out of state governmental agencies may be added to the
above charges. Towing Agencies will be required to justify the additional charges. All mailings to owners,
lienholders, and governmental agencies (for ownership/lienholder information requests), will be done by
CERTIFIED MAIL. This administrative service charge will not be imposed by the Successful Proposer(s) during
the first 24 hours of impoundment.
Failure to comply with the owner/lienholder notification provisions as required by Florida Statutes Sections
715.07, shall make void any and all claims of storage charges by the Successful Proposer(s) for the impounded
vehicle.
3.2.3. Hourly Labor Rate
The following listed below shall be the maximum hourly labor rates allowed at a scene to be charged for towing
service.
Labor rates shall be based on 15 minutes intervals, after the first thirty (30) minutes on the scene for actual labor or
waiting, and according to the wrecker class required. No fees shall be charged for waiting time for releasing a
vehicle at the City storage facility, unless the on -site wait is in excess of thirty (30) minutes after notification of
arrival.
(a) First 30 minutes on the scene included in base rate
(b) Class "A"
- Each 15 minute interval S 23.75
- Hourly rate $ 92.00
(c) Class "B"
- Each 15 minutes interval $ 45.00
- Hourly rate $ 180.00
(d) Class "C"
- Each 15 minutes interval 5 57.50
- Hourly rate $ 230.00
(e) Class "D"
- Each 15 minutes interval $ 70.00
- Hourly rate $ 280.00
Note: In situations of waiting time where more than one owner of towed vehicles are involved, the total amount of
waiting time shall be divided equally between the owners of towed vehicles or equipment.
Examples of charges are removal of driveline or axles, road service calls, (including battery jump and tire change),
winching recovery (winching shall not apply when removing a vehicle from a parking space and simple winching
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and retrieving to facilitate its removal), miscellaneous calls from the City requesting services such as removal of
trees, debris from the street, etc. If an item other than a motor vehicle is towed at the request of the City, the
Successful Proposer(s) shall be paid the tow rate according to the class of the wrecker required.
The Contract Administrator or an authorized designee of the Department of General Services Administration may
review the labor rates set forth in this section at the end of the first year of the term of the Contract and at anytime
thereafter. City representatives will meet with a representative from each of the Successful Proposer(s) under
Contract with the City prior to any rate adjustment as part of the review process. City representatives shall
recommend to the City Manager for his approval any proposed rate adjustments. Should a rate adjustment(s) be
approved, the Contract(s) will be modified and the Successful Proposer(s) shall be notified in writing of the new
rate.
3.2.4. Boats
(a) All derelict boats or abandoned boats with or without trailers, whether on land or waterside, with no owner
information, towed by a City Enforcement Officer or a Police officer will be paid a onetime flat rate fee of $60.00
(b) Fees charged for regular boats towed with owner information will be the responsibility of the owner. These fees
will be charged according to class of tow truck used, example: Class 'A' Class `B', etc.
3.2.5. Underwater Vehicle Recovery Services
The listed hourly labor rates as shown in Section 3.2.3., based on 15 minute intervals, are the maximum allowable
(per hour, and according to wrecker class and service required) for vehicle recovery from salt or fresh water. If an
additional tow truck is required to perform the recovery, the rate charged shall be the amount set forth in Section
3.2.3., Maximum Rates Allowed by City. If required, a Certified Salvage Diver shall be provided by City.
3.2.6. Special Events/Standby Towing
The rates listed below are the maximum allowable (per hour and according to wrecker class) for standby wreckers
during Special Events.
When asked to provide Special Events Towing, Successful Proposer(s) shall be entitled to payment for the number
of hours of standby time, which exceeds the number of vehicles towed. Standby hours shall be paid at the towing
rates listed below and must be authorized by the Police Officer in charge at the scene.
(1) Class "A"
- Hourly standby rate $ 92.00.00
(2) Class "B"
- Hourly standby rate $ 180.00
(3) Class "C"
- Hourly standby rate $ 230.00
(4) Class "D"
- Hourly standby rate $ 280.00
NOTE: Successful Proposer(s) shall not charge nor shall be compensated for both standby and regular working
towing rates, if directed to remove a vehicle during a special event. Only one or the other rate shall apply and be
authorized, until the completion of the event. (e.g. If Successful Proposer(s) works a Marlin Stadium event, and is
there for 4 hours and tows 3 vehicles, it is entitled to 1 hour standby time as stated in 2nd paragraph of Section 3.2.6.
Finn will not be compensated towing and standby if it works the event for 4 hours and tows 4 vehicles; firm will
receive either the standby time, or the fee for each vehicle that is towed. Firm will not get paid for 4 hours standby
and also for the 4 tows).
3.2.7. Storage of Vehicles
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Daily rates for all vehicle storage are based on a 24-hour day. The daily rate shall apply according to the type of
vehicle stored. Storage will only be assessed to owner of vehicle when notified, as provided by Florida State
Statutes 715.07 and 713.78.
The following are the maximum allowable rates:
(1) Any Vehicle - If released during the first six (6) hours No charge
(2) Motorcycles - Daily rate $ 15.00
(3) Passenger Vehicles - Daily rate $ 25.00
(Less than 20 feet in length and 8 feet in width)
(4) Larger Vehicles - Daily rate $ 40.00
(Including trucks over 3/4 ton, boats, (one charge, with or without trailers), trailers, etc.)
Note: Vehicle must be over 20 feet in length.
(5) Inside storage - An additional S5.00 per day may be charged for inside storage upon the written
direction of the City Enforcement Officer on the tow slip, or with the signed consent of the owner.
(6) Use of Overflow Storage Area - Successful Proposer(s) shall not make any extra charge to
customer retrieving a vehicle from an overflow storage area. Successful Proposer(s) may either bring a vehicle,
which is stored in an overflow lot to the customer at the main office and storage area, or transport owner/designee to
the overflow storage area to retrieve vehicle. There shall be no charge for this service.
3.2.8. Towing of Multiple Vehicles, Jet Skis, Engines, etc.
A separate pound slip shall be completed on each vehicle or item and Successful Proposer(s) shall be entitled to the
specified tow fee for the required class wrecker on each vehicle or item.
3.2.9. Towing of Vehicles and Boats located within City's Auto Pound
Located at 300 N.W. 7th Street, shall be provided by the Successful Proposer(s) awarded that Zone. The rates for
any tows in the Auto Pound shall not exceed the labor rates specified in Section 3.2.3., Hourly Labor Rate. Firm
shall respond only upon the receipt of a call for service by the City and shall be compensated accordingly.
3.2.10. CATEGORY B: Towing of City -Owned. Leased. or Rented Vehicles
Towing fees shall be based upon a flat rate, all -encompassing fee for each specified area. Included in the fee is 15
minutes of wait time and any special equipment such as, but not limited to, dollies. The fees listed below are
maximum amounts to be paid to Successful Proposer(s) by the City.
Tows within Miami -Dade County, 30 min. maximum response time... $ 30.00
Tows outside Miami -Dade County, , 1 hr. response time $ 30.00
Towing of City Owned Boats $100.00
Hourly wait time, paid in half-hour intervals $15.00
Mileage Rate S 1.75
Class "B" (1st 30 min. on scene) $ 40.00
Class "C" (1st 30 min. on scene) S100.00
Class "D" (1st 30 min. on scene) $150.00
Lowboy/Landoll (Rate /hr. from initial departure) $150.00
Heavy Duty hourly wait time paid on 'A hour intervals $ 37.50
The mileage rate shall be one-way beginning at either the northern Broward County line or the southern
Miami -Dade County line. The mileage rate for heavy-duty tows shall begin outside of City jurisdiction. The
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Request for Proposals (RFP) 287252,3
mileage rate shall be added to the flat fee of $30.00 for tows outside of Miami -Dade or Broward County
(e.g., vehicle is located in Boca Raton, Palm Beach County, 15 miles one way from the Broward County line. The
tow fee would be $30.00 plus 15 times the mileage rate of $1.75 for a total of $56.25).
Boat Towing
Boat tows will be based on trailerable boats up to 30 feet and priced on the flat City rate listed in Category B:
Towing of City -owned, leased, or rented Vehicles, plus one-way mileage if towed from outside the City limits at the
pickup point (location of disabled boat).
NOTE: QUALIFIED TOWING AGENCIES MUST ALSO AGREE TO PERFORM CATEGORY B SERVICES
FOR CITY -OWNED, RENTED, OR LEASED VEHICLES TO QUALIFY TO PROVIDE TOWING SERVICES
UNDER THIS RFP.
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Request for Proposals (RFP) 287252,3
4. Submission Requirements
4.1. SUBMISSION REQUIREMENTS
Proposers shall carefully follow the format and instruction outlined below, observing format requirements
where indicated. Proposals should contain the information itemized below and in the order indicated. This
information should be provided for the Proposer and any sub -consultants to be utilized for the work
contemplated by this Solicitation. Proposals submitted which do not include the following items may be
deemed non -responsive and may not be considered for contract award.
The response to this solicitation shall be presented in the following format. Failure to do so may deem your
Proposal non -responsive.
ALL RESPONSES WILL BE SUBMITTED IN HARDCOPY FORMAT ONLY TO INCLUDE ONE
ORIGINAL AND SEVEN (7) COPIES. NO ON-LINE SUBMITTALS WILL BE ACCEPTED.
Proposers shall provide, at a minimum, the following information and documentation with their Proposals:
1. Cover Page:
Include a Cover Page that identifies the Proposer's name, the Contact Person for the RFP, the Firm's Liaison for the
Contract, the Primary Office Location, the Local Business Address (if applicable); detail the physical location where
Proposer's office and storage facility are located within the City, and the period of time so established; the Business
Phone and Fax Numbers, Email Addresses (if applicable), the Title of the RFP, the RFP Number, and the Federal
Employer Identification Number or Social Security Number.
2. Table of Contents:
The table of contents shall outline, in sequential order, the major sections of the Proposal as listed below, including
all other relevant documents requested for submission. All pages of the Proposal, including the enclosures, shall be
clearly and consecutively numbered and shall correspond with the table of contents.
3. Executive Summary:
A signed and dated summary of not more than two (2) pages shall be provided containing Proposer's overall
Qualifications and Experience. Proposer shall include the name of the organization, business phone, contact person
and a summary of the work to be performed.
4. References:
1. Provide references of their relevant experience from at least three (3) business/municipal entities for whom it
has performed towing and storage services, listing the name of the organization, contact person, address and
telephone number, during the past three (3) years. References should include towing within the City, and are subject
to verification as part of the qualification process;
2. Provide verification that the firm's location has a legitimate and legal reason for being at the physical location
as reported;
5. Financial and Statistical Capabilities:
1. Provide evidence of its ability to post an Irrevocable Letter of Credit in the amount of S10,000, in
accordance with the requirements of this RFP. This evidence may be in the form of a letter from Proposer's bank /
financial institution, on their letterhead stationary, attesting to Proposer's ability to provide an Irrevocable Letter of
Credit;
2. Proof that towing firm is not in arrears with any payments owed to the City, and is in fact current by the due
date for receipt of Responses. It should be noted that those firms not fully current in monies owed the City shall be
deemed non -responsive and will not be considered;
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Request for Proposals (RFP) 287252,3
3. Provide its most recent certified business financial statement as of a date not earlier than the end of the
Proposer's preceding official tax accounting period, together with a statement in writing, signed by a duly authorized
representative, stating that the present financial condition is materially the same as that shown on the balance sheet
and income statement submitted, or with an explanation for a material change in the financial condition, plus
provide a copy of its most recent independently audited Financial Statements statements. Financial
Statements for the past three (3) years. A copy of the most recent business income tax return will be accepted
if the latest certified financial statement is unavailable;
4. Completed Response, including all required forms and attachments included with this RFP, including Zone
preferences;
5. Copy of Current City & County Occupational License(s), as applicable;
6. Copy of Current City and County Towing Licenses, as applicable;
7. Copy of Current City and County Inside & Outside Storage Licenses;
8. Completed Application for Wrecker Contract (Header/Attachments Section, Attachment B);
9. State of Florida Corporate Certification, or equivalent. A printed verification from the State of Florida's
corporate website can be utilized as proof that the towing firm is currently a registered corporation;
10. List of full -tune employees by name, title (Header/Attachments Section, Attachment B);
11. Evidence of Vehicle Registration(s) or evidence of ownership or possession of first party lease for vehicles
and equipment;
12. All information requested as part of the Response to Special Conditions, Section 2.8, Proposer's Minimum
Qualifications;
13. List of subcontractor(s), if applicable, and description of work to be performed;
14. Signed City form attachments, as applicable;
15. Proof of property tax payment for present year;
16. Proof of property square footage (should be a minimum of 11,250 Sq. Ft.), (100 vehicles), and
17. Completed Revenue Proposal form.
Proposer shall provide any other information or documentation with Proposal, as needed.
FAILURE TO SUBMIT THE ABOVE DOCUMENTS MAY DISQUALIFY YOUR FIRM.
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5. Evaluation Criteria
5.1. EVALUATION CRITERIA
Proposals shall be evaluated on a Pass/Fail basis, using the criteria established in General Conditions, Section 1.34.
Evaluation of Responses; Special Conditions Section 2.8. Proposer's Minimum Qualifications Requirements;
Special Conditions Section 2.9. Minimum Equipment Requirements; Special Conditions Section 2.24. Evaluation
Selection Process and Contract Award and Section 4.1. Submission Requirements. Annual zone assignments will be
made as identified in Special Conditions, Section 2.25. Annual Zone Assignments.
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