HomeMy WebLinkAboutInvitation For BidCity of Miami
Purchasing Department
Miami Riverside Center
444 SW 2nd Avenue, 61h Floor
Miami, Florida 33130
Web Site Address: http://ci.miami,fl.us/procurement
Number:
Title:
505365,2
Invitation for Bid for Grounds
Maintenance at Museum Park Bayfront
Issue Date/Time: 14-AUG-2015.
Closing Date/Time: 20-AUG-2015 @ 14:00:00
Pre -Bid Conference: None
Pre -Bid Date/Time:
Pre -Bid Location:
Deadline for Request for Clarification: Tuesday, August 11, 2015 at 2:00 PM
Buyer: McLaren, Richard
Hard Copy Submittal Location: City of Miami - City Clerk
3500 Pan American Drive
Miami FL 33133 US
Buyer E-Mail Address: RMcLaren@miamigov.com
Buyer Facsimile: 3054005104
Page 1 of 38
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.
Page 2 of 38
Legal Name of Firm:
Certifications
Entity Type: Partnership, Sole Proprietorship, Corporation, etc.
Year Established:
Office Location: City of Miami, Miami -Dade County, or Other
Occupational License Number:
Occupational License Issuing Agency:
Occupational License Expiration Date:
Will Subcontractor(s) be used? (Yes or No)
If subcontractor(s) will be utilized, provide their name, address and the the portion of the work they will
be responsible for under this contract (a copy of their license(s) must be submitted with your bid
response):
Please list and acknowledge all addendum/addenda received. List the addendum/addenda number and
date of receipt (i.e. Addendum No. 1, 7/1/07). If no addendum/addenda was/were issued, please insert
N/A.
If Bidder has a Local Office, as defined under Chapter 18/Articlle III, Section 18-73 of the City Code,
has Bidder filled out, notarized, and included with its bid response the "City of Miami Local Office
Certification" form? YES OR NO? (The City of Miami Local Office Certification form is located in the
Oracle Sourcing system ("iSupplier"), under the Header/Notes and Attachments Section of this
solicitation)
Reference No. 1: Name of Company/Agency for which bidder is currently providing the services/goods
Page 3 of 38
as described in this solicitation, or has provided such services/goods in the past:
Reference No. 1: Address, City, State, and Zip for above reference company/agency listed:
Reference No. 1: Name of Contact Person and Telephone Number for above reference no, 1
Reference No. 1: Date of Contract or Sale for above reference no. 1
Reference No. 2: Name of Company/Agency for which bidder is currently providing the services/goods
as described in this solicitation, or has provided such services/goods in the past:
Reference No. 2: Address, City, State, and Zip for above reference company/agency listed:
Reference No. 2: Name of Contact Person and Telephone Number for above reference no. 2
Reference No. 2: Date of Contract or Sale for above reference no. 2
Reference No. 3: Name of Company/Agency for which bidder is currently providing the services/goods
as described in this solicitation, or has provided such services/goods in the past:
Reference No. 3: Address, City, State, and Zip for above reference company/agency listed:
Reference No. 3: Name of Contact Person and Telephone Number for above reference no. 3
Reference No. 3: Date of Contract or Sale for above reference no. 3
Page 4 of 38
Line: 1
Description: Hourly Rate Per Worker for Daily Tasks (not to include duties of Weekly Wednesday
Tasksin Line 2). See Section 3.1, Specifications/Scope of Work for details.
Category: 98852-00
Unit of Measure: Hour
Unit Price: $
Line: 2
Number of Units: 1 Total: $
Description: Hourly Rate Per Worker for Weekly Wednesday Tasks (not to include duties of Daily
Tasks listed in Line 1). See Section 3.1, Specifications/Scope of Work for details.
Category: 98852-00
Unit of Measure: Hour
Unit Price: $
Number of Units: 1 Total: $
Page 5 of 38
Table of Contents
505365,2
Terms and Conditions 7
1. General Conditions 7
11. GENERAL TERMS AND CONDITIONS 7
2, Special Conditions 27
2,1. PURPOSE 27
2.2. DEADLINE FOR RECEIPT OF REQUEST FOR ADDITIONAL
INFORMATION/CLARIFICATION 27
2.3. PRE-BID/PRE-PROPOSAL CONFERENCE 27
2,4. VOLUNTARY SITE INSPECTION 27
2.5, TERM OF CONTRACT 27
2.6, CONDITIONS FOR RENEWAL 27
2.7. INSURANCE REQUIREMENTS 28
2,8, BIDDERS MINIMUM QUALIFICATIONS 29
2,9. METHOD OF AWARD 29
2,10. METHOD OF PAYMENT 30
2,11, EQUITABLE ADJUSTMENT 30
2,12. CONSUMER PRICE INDEX (CPI FOR FUEL) 30
2.13. NON -APPROPRIATION OF FUNDS 31
2,14, SERVICE DELIVERABLES 31
2,15. PERFORMANCE 31
2.16. PERSONNEL 31
2.17, SUBCONTRACTOR(S)'S MINIMUM REQUIREMENTS 31
2.18. LABOR, SUPERVISION, MATERIALS, AND EQUIPMENT 31
2.19. FAILURE TO PERFORM 32
2.20. COMPLETED WORK 32
2,21, ADDITIONS/DELETIONS OF ITEMS/PRODUCTS 32
2.22. CONTRACT ADMINISTRATORS 32
2.23. SUPERVISION 32
2.24. TIE BIDS 33
2,25, LIQUIDATED DAMAGES 33
2,26, USE OF PREMISES 33
2.27. DAMAGES TO PUBLIC/PRIVATE PROPERTY 34
2.28. DAMAGES CAUSED BY THE SUCCESSFUL BIDDER 34
2.29. PUBLIC CONVENIENCE AND SAFETY 34
2.30, SAFETY MEASURES 34
2.31. QUALITY OF WORK 34
2.32. LEGAL HOLIDAYS 35
2.33. EMERGENCY 35
2.34. PRIMARY CLIENT (FIRST PRIORITY) 35
2.35. ADDITIONAL TERMS AND CONDITIONS 35
2.36. TERMINATION 36
3. Specifications 37
3.1. SPECIFICATIONS/SCOPE OF WORK 37
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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,
each party shall bear their own attorney's fees through and including appellate litigation and any post -judgment
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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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505365,2
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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for, or responsible to, the Bidder/Proposer/Consultant, any sub-contractor/sub-consultant, or to any other person for,
or on account of, any stoppages or delay in the work herein provided for by injunction or other legal or equitable
proceedings or on account of any delay for any cause over which the City has no control,
1.18. COLLUSION —Bidder/Proposer, by submitting a response, certifies that its response is made without
previous understanding, agreement or connection either with any person, firm or corporation submitting a response
for the same items/services or with the City of Miami's Purchasing Department or initiating department. The.
Bidder/Proposer certifies that its response is fair, without control, collusion, fraud or other illegal action.
Bidder/Proposer certifies that it is in compliance with the Conflict of Interest and Code of Ethics Laws. The City
will investigate all potential situations where collusion may have occurred and the City reserves the right to reject
any and all bids/responses where collusion may have occurred,
1.19. COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS - Contractor understands that contracts
between private entities and local governments are subject to certain laws and regulations, including laws pertaining
to 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.
Lack of knowledge by the bidder/proposer will in no way be a cause for relief from responsibility, Non-compliance
with all local, state, and federal directives, orders, and laws may be considered grounds for termination of
contract(s).
Copies of the City Ordinances may be obtained from the City Clerk's Office,
1.20. CONE OF SILENCE - Pursuant to Section 18-74 of the City of Miami Code, a "Cone of Silence" is imposed
upon each RFP, RFQ, RFLI, or IFB after advertisement and terminates at the time the City Manager issues a written
recommendation to the Miami City Commission, The Cone of Silence shall be applicable only to Contracts for the
provision of goods and services and public works or improvements for amounts greater than $200,000. The Cone of
Silence prohibits any communication regarding RFPs, RFQs,RFLI or IFBs (bids) between, among others;
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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
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
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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
B idder(s)/P roposer(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.
(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
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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 nonperforunance, 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 terms of the Contract.
E. Becoming insolvent, being declared bankrupt, or committing any act of bankruptcy or insolvency, or making an
assignment for the benefit of creditors, if the insolvency, bankruptcy, or assignment renders the successful
Bidder/Proposer incapable of performing the work in accordance with and as required by the Contract.
F. Failure to comply with any of the terms of the Contract in any material respect.
All costs and charges incurred by the City as a result of a default or a default incurred beyond the time limits stated,
together with the cost of completing the work, shall be deducted from any monies due or which may become due on
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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 Department. Should it be
found necessary, a written addendum will be incorporated in the Formal Solicitation and will become part of the
purchase agreement (contract documents). The City will not be responsible for any oral instructions, clarifications,
or other communications.
A. Order of Precedence — Any inconsistency in this formal solicitation shall be resolved by giving precedence to the
following 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.
1.34. EVALUATION OF RESPONSES
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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
rejection of bid/proposal.
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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. 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 Department of Labor. Each
adjusted minimum wage rate calculated shall be determined and published by the Agency Workforce Innovation on
September 30th of each year and take effect on the following January 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
right to request and successful bidder/proposer must provide for any and all information to make a wage and
contractual price increase(s) determination.
1.39. 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,
1.40. 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.
1.41. 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 IIHI/PHI will be held confidential;
E. Making Protected Health Information (PHI) available to the customer;
F. Making PHI available to the customer for review and amendment; and incorporating any amendments requested
by the customer;
G. Making PHI available to the City of Miami for an accounting of disclosures; and
H. Making internal practices, books and records related to PHI available to the City of Miami for compliance audits.
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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.
1.42 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. 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.
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
perforned 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 submissionsby 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,
1.43. FORMATION 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.
1.44. 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,
1.45. 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 30 days
after bid closing, whichever is earlier. Bid/Proposal results will be tabulated and may be furnished upon request via
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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.
1.46. 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 444 SW
2nd Avenue, 9th Floor, Miami, Florida 33130, 305-416-1604.
The Bidder/Proposer shall be responsible for assuring that the insurance certificates required in conjunction with this
Section remain in effect for the duration of the contractual period; including any and all option terms that may be
granted to the Bidder/Proposer.
1.47. 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).
1.48. 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.
1.49. 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.
1.50. 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
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the issuance of a change order, addendum, amendment, or suppleinent to the contract, purchase order or award sheet
as appropriate.
1.51. 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.
1.52. 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.
1.53. NONDISCRIMINATION —Bidder/Proposer agrees that it shall not discriminate as to race, sex, color, age,
religion, national origin, marital status, or disability in connection with its performance under this 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, bedenied 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.
1.54. 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 (govermnental) 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.
1.55. 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.
1.56. ONE PROPOSAL - Only one (1) Response from an individual, firm, partnership, corporation or joint venture
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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".
1.57. OWNERSIIIP OF DOCUMENTS - IC 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.
1.58. 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.
1.59. PERFORMANCE/PAYMENT BOND —A Contractor may be required to furnish a Performance/Payment
Bond as part of the requirements of this Contract, in anamount equal to one hundred percent (100%) of the contract
price.
1.60. PREPARATION OF RESPONSES (HARDCOPY FORMAT) —Bidders/Proposers are expected to
examine the specifications, required delivery, drawings, and all special and general conditions. All bid/proposed
amounts, if required, shall be either typewritten or entered into the space provided with ink. Failure to do so will be
at the Bidder's/Proposer's risk.
A. Each Bidder/Proposer shall furnish the information required in the 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 firn'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
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OR YOUR RESPONSE MAY BE DEEMED NON -RESPONSIVE.
1.61. 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,
1.62. PRODUCT SUBSTITUTES - In the event a particular awarded and approved manufacturer's product
becomes unavailable during the tenn 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.
1.63. 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,
1.64. PROMPT PAYMENT —Bidders/Proposers may offer a cash discount for prompt payment; however,
discounts shall not be considered in determining the lowest net cost for response evaluation purposes.
Bidders/Proposers are required to provide their prompt payment terms in the space provided on the Formal
Solicitation. If no prompt payment discount is being offered, the Bidder/Proposer must enter zero (0) for the
percentage discount to indicate no discount. If the Bidder/Proposer fails to enter a percentage, it is understood and
agreed that the terms shall be 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 tern of the contract.
1.65. 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,
1.66. 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.
1.67. 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
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287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor
list.
1.68. 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 shall additionally comply with the provisions of
Section 119.0701, Florida Statutes, entitled "Contracts; public records". 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.
1.69. 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,
1.70. 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.
1.71. REMEDIES PRIOR TO AWARD (Sec. 18-106) - If prior to Contract award it is determined that a formal
solicitation or proposed award is in violation of law, then the solicitation or proposed award shall be cancelled by
the City Commission, the City Manager or the Chief Procurement Officer, as may be applicable, or revised to
comply with the law.
1.72. RESOLUTION OF CONTRACT DISPUTES (Sec. 18-105)
(a) Authority to resolve Contract disputes. The City Manager, after obtaining the approval of the city attorney, shall
have the authority to resolve controversies between the Contractual Party and the city which arise under, or by virtue
of, a Contract between them; provided that, in cases involving an amount greater than $25,000, the City
Commission must approve the City Manager's decision. Such authority extends, without limitation, to controversies
based upon breach of Contract, mistake, misrepresentation or lack of complete performance, and shall be invoked by
a Contractual Party by submission of a protest to the City Manager.
(b) Contract dispute decisions. If a dispute is not resolved by mutual consent, the City Manager shall promptly
render a written report stating the reasons for the action taken by the City Commission or the City Manager which
shall be final and conclusive. A copy of the decision shall be immediately provided to the protesting party, along
with a notice of such party's right to seek judicial relief, provided that the protesting party shall not be entitled to
such judicial relief without first having followed the procedure set forth in this section,
1.73. 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
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Letters of Interest is published in a newspaper of general circulation. A notice of intent to file a protest is considered
filed when received by the Chief Procurement Officer; or
ii. Any prospective bidder who intends to contest the Solicitation Specifications or a solicitation may protest to the
Chief Procurement Officer. A written notice of intent to file a protest shall be filed with the Chief Procurement
Officer within three days after the solicitation is published in a newspaper of general circulation, A notice of intent
to file a protest is considered filed when received by the Chief Procurement Officer.
2. Protest of Award. •
i. A written notice of intent to file a protest shall be filed with the Chief Procurement Officer within two days after
receipt by the proposer of the notice of the City Manager's recommendation for award of Contract, which will be
posted on the City of Miami Purchasing Department website, in the Supplier Corner, Current Solicitations and
Notice of Recommendation of Award Section. The notice of the City Manager's recommendation can be found by
selecting the details of the solicitation and is listed as Recommendation of Award Posting Date and
Recommendation of Award To fields. If "various" is indicated in the Recommendation of Award To field, the
Bidder/Proposer must contact the buyer for that solicitation to obtain the suppliers name. It shall be the
responsibility of the Bidder/Proposer to check this section of the website daily after responses are submitted to
receive the notice; or
ii. Any actual Responsive and Responsible Bidder whose Bid is lower than that of the recommended bidder may
protest to the Chief Procurement Officer. A written notice of intent to file a protest shall be filed with the Chief
Procurement Officer within two days after receipt by the bidder of the notice of the city's determination of non
responsiveness or non responsibility. The receipt by bidder of such notice shall be confirmed by the city by facsimile
or electronic mail or U.S. mail, return receipt requested, A notice of intent to file a protest is considered filed when
received by the Chief Procurement Officer.
iii. A written protest based on any of the foregoing must be submitted to the Chief Procurement Officer within five
(5) days after the date the notice of protest was filed. A written protest is considered filed when received by the
Chief Procurement Officer.
The written protest may not challenge the relative weight of the evaluation criteria or the formula for assigning
points in making an award determination.
The written protest shall state with particularity the specific facts and law upon which the protest of the solicitation
or the award is based, and shall include all pertinent documents and evidence and shall be accompanied by the
required Filing Fee as provided in subsection (f). This shall form the basis for review of the written protest and no
facts, grounds, documentation or evidence not contained in the protester's submission to the Chief Procurement
Officer at the time of filing the protest shall be permitted in the consideration of the written protest.
No time will be added to the above limits for service by mail. In computing any period of time prescribed or allowed
by this section, the day of the act, event or default from which the designated period of time begins to run shall not
be included. The last day of the period so computed shall be included unless it is a Saturday, Sunday or legal holiday
in which event the period shall run until the end of the next day which is neither a Saturday, Sunday or legal holiday.
Intermediate Saturdays, Sundays and legal holidays shall be excluded in the computation of the time for filing.
(b) Authority to resolve protests. The Chief Procurement Officer shall have the authority, subject to the approval of
the City Manager and the city attorney, to settle and resolve any written protest. The Chief Procurement Officer
shall obtain the requisite approvals and communicate said decision to the protesting party and shall submit said
decision to the City Commission within 30 days after he/she receives the protest. In cases involving more than
$25,000, the decision of the Chief Procurement Officer shall be submitted for approval or disapproval thereof to the
City Commission after a favorable recommendation by the city attorney and the City Manager.
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(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.
(1) Filing Fee. The written protest must be accompanied by a filing fee in the form of a money order or cashier's
check payable to the city in an amount equal to one percent of the amount of the Bid or proposed Contract, or
$5000.00, whichever is less, which filing fee shall guarantee the payment of all costs which may be adjudged against
the protestor in any administrative or court proceeding. If a protest is upheld by the Chief Procurement Officer
and/or the City Commission, as applicable, the filing fee shall be refunded to the protestor less any costs assessed
under subsection (e) above. If the protest is denied, the filing fee shall be forfeited to the city in lieu of payment of
costs for the administrative proceedings as prescribed by subsection (e) above.
1.74. SAMPLES - Samples of items, when required, must be submitted within the time specified at no expense to
the City. If not destroyed by testing, bidder(s)/proposer(s) will be notified to remove samples, at their expense,
within 30 days after notification. Failure to remove the samples will result in the samples becoming the property of
the City.
1.75. SELLING, TRANSFERRING OR ASSIGNING RESPONSIBILITIES - Contractor.shall not sell, assign,
transfer or subcontract at any time during the term of the Contract, or any part of its operations, or assign any portion
of the performance required by this contract, except under and by virtue of written permission granted by the City
through the proper officials, which may be withheld or conditioned, in the City's sole discretion.
1.76. 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.
1.77. 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 worlananship 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.
1.78. 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,
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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 US 1. US 1 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.
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 tune 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 tine 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.
1.79. 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.
1.80. 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.
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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.
1.81. 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.
1.82. 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,
1.83. TITLE - Title to the goods or equipment shall not pass to the City until after the City has accepted the
goods/equipment or used the goods, whichever comes first,
1.84.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 attorney's fees and for costs and attorney's fees incurred by
the City by reason of any legal action challenging your claim,
1.85. 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.
1.86. 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.
1.87. 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 Grounds Maintenance Services, 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: Tahlia Gray; fax: (305) 400-5019 or email: tgray@miamigov,com. The solicitation
title and number shall be referenced on all correspondence. All questions must be received no later than Tuesday,
August 11, 2015 at 2:00 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. PRE-BID/PRE-PROPOSAL CONFERENCE
None
2.4. VOLUNTARY SITE INSPECTION
The Museum Park of Bayfront Park will be available for inspection by appointment up until 2:00 pm on August 11,
2015, the deadline for all requests for additional information/clarification, as per Section 2.2. The Bidder may visit
the site of the proposed work to become familiar with any conditions, which may in any manner, affect the work to
be done or affect the equipment, materials and labor required.
The Bidder is also required to examine carefully the specifications, and be thoroughly informed regarding any and
all conditions and requirements that may in any manner affect the work to be performed under the contract. No
additional allowances will be made because of lack of knowledge of these conditions,
For site inspection appointment, please contact the following department representative at Bayfront Park
Management Trust:
Jose Gell - (305) 358-7550
2.5. TERM OF CONTRACT
The Contract shall commence upon the date of notice of award and shall be effective for two (2) years with the
option to extend for three (3) additional one (1) year periods, subject to the availability of finds for succeeding fiscal
years.
Continuation of the contract beyond the initial period is a City prerogative; not a right of the bidder. This
prerogative will be exercised only when such continuation is clearly in the best interest of the City.
2.6. CONDITIONS FOR RENEWAL
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Each renewal of this contract is subject to the following:
(1) Continued satisfactory performance compliance with the specifications, terms and conditions established
herein.
(2) Availability of funds
2.7. INSURANCE REQUIREMENTS
INDEMNIFICATION
Bidder shall pay on behalf of, indemnify and save City and its officials harmless, from and against any and all
claims, liabilities, losses, and causes of action, which may arise out of bidder's performance under the provisions of
the contract, including all acts or omissions to act on the part of bidder, including any person performing under this
Contract for or on bidder's behalf, provided that any such claims, liabilities, losses and causes of such action are not
attributable to the negligence or misconduct of the City and, from and against any orders, judgments or decrees
which may be entered and which may result from this Contract, unless attributable to the negligence or misconduct
of the City, and from and against all costs, attorneys' fees, expenses and liabilities incurred in the defense of any
such claim, or the investigation thereof,
The bidder shall furnish to City of Miami, c/o Purchasing Department, 444 SW 2nd Avenue, 6th Floor, Miami,
Florida 33130, Certificate(s) of Insurance which indicate that insurance coverage has been obtained which meets the
requirements as outlined below:
(1) Worker's Compensation
A, Limits of Liability - Statutory - State of Florida
(2) Commercial General Liability:
A. Limits of Liability
Bodily Injury and Property Damage Liability - Each Occurrence: $1,000,000
General Aggregate Limit: $2,000,000
Personal and Adv. Injury. Products and Completed Operations and Fire Damage: $1,000,000.
B. Endorsements Required:
City of Miami included as an Additional insured. Employees included as insured. Contractual Liability.
BusinessAutomobile Liability
A. Limits of Liability
Bodily injury and property damage liability combined single Limits. Any Auto, including hired,
borrowed or owned, or non -owned autos used in connection with the work - $1,000,000
B. Endorsements Required:
City of Miami included as an Additional Insured
BINDERS ARE UNACCEPTABLE.
The insurance coverage required shall include those classifications, as listed in standard liability insurance manuals,
which most nearly reflect the operations of the bidder,
All insurance policies required above shall be issued by companies authorized to do business under the laws of the
State of Florida, with the following qualifications:
The Company must be rated no less than "A" as to management, and no less than "Class V" as to financial strength,
by the latest edition of Best's Insurance Guide, published by A.M. Best Company, Oldwick, New Jersey, or its
(3)
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equivalent. All policies and/or certificates of insurance are subject to review and verification by Risk Management
prior to insurance approval.
Certificates will indicate no modification or change in insurance shall be made without thirty (30) days written
advance notice to the certificate holder.
NOTE: CITY BID NUMBER AND/OR TITLE OF BID MUST APPEAR ON EACH CERTIFICATE.
Compliance with the foregoing requirements shall not relieve the bidder of his liability and obligation under this
section or under any other section of this Agreement.
--If insurance certificates are scheduled to expire during the contractual period, the Bidder shall be responsible
for submitting new or renewed insurance certificates to the City at a minimum of ten (10) calendar days in advance
of such expiration.
--In the event that expired certificates are not replaced with new or renewed certificates which cover the
contractual period, the City shall:
(4) Suspend the contract until such time as the new or renewed certificates are received by the City in the manner
prescribed in the Invitation To Bid.
(5) The City may, at its sole discretion, terminate this contract for cause and seek re -procurement damages from
the Bidder in conjunction with the General and Special Terms and Conditions of the Bid.
The Bidder shall be responsible for assuring that the insurance certificates required in conjunction with this Section
remain in force for the duration of the contractual period; including any and all option terms that may be granted to
the Bidder.
2.8. BIDDERS MINIMUM QUALIFICATIONS
In order to maintain the City's property at a high level, the City is seeking qualified bidders who have experience
and provide quality service. Bids will be considered only from firms that are regularly engaged in the business of
providing goods and/or services as described herein, The Bidder:
a.) Shall have a record of performance of no less than three (3) years performing similar jobs for commercial or
governmental entities, per the specifications described herein on grounds maintenance services;
b.) Shall have sound financial conditions and sufficient support, equipment and personnel to insure that they can
satisfactorily execute the services if awarded a contract under the terms and conditions stated herein.
c.) 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 a defaulter surety otherwise, upon an obligation to the City and/or has failed to perform
faithfully on any previous contract with the city.
d.) Shall have no record of pending lawsuits or criminal activities, and have never been declared bankrupt.
e.) Shall not have conflicts of interest with the City.
2.9. METHOD OF AWARD
Award of the contract will be made to the lowest responsive and responsible bidder.
Bidder must bid on all items to be considered for award. Failure to bid on all items shall deem any bid
non -responsive.
The City reserves the right to accept or reject any or all bids or part of bids, waive informalities and re -bid these
services specified herein.
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2.10. METHOD OF PAYMENT
Payment will be made within thirty (30) days arrears for services rendered the previous month, upon submission of
properly certified/approved invoices or inspection reports. All such information shall be provided to the Contract
Administration of the City facility serviced for his/her approval in advance of payment.
The City will pay the contract price minus any liquidated damages and/or other damages to the successful Bidder
upon final completion and acceptance, Damages caused by the Bidder employee(s) shall be estimated by the
Contract Administrator and computed actual costs of repairs shall be deducted from the Bidder's monthly billing(s),
Proven theft made by the Bidder's employees shall result in the replacement of the identified item(s) and all
replacement costs shall be deducted from the Bidder's total monthly billing(s),
2.11. EQUITABLE ADJUSTMENT
The Purchasing Department may, in its sole discretion, make an equitable adjustment in the contract terms and/or
pricing if pricing or availability of supply is affected by extreme or unforeseen volatility in the marketplace, that is,
by circumstances that satisfy all the following criteria: (1) the volatility is due to circumstances beyond the
successful bidder(s) control, (2) the volatility affects the marketplace or industry, not just the particular contract
source of supply, (3) the effect on pricing or availability of supply is substantial, and (4) the volatility so affects the
successful bidder(s) that continued performance of the contract would result in a substantial loss. Successful
bidder(s) might have to supply documentation to justify any requested percentage increase in cost to the City
of Miami.
2.12. CONSUMER PRICE INDEX (CPI FOR FUEL)
The successful Bidder will be allowed to increase/decrease their contractual prices annually to cover future drastic
fuel price changes. The market changes will be determined utilizing the Consumer Price Index for All Urban
Consumers (CPI-U), U.S. City Average, Miami -Ft. Lauderdale, FL., Gasoline (Unleaded Regular), and Index Base
Period between 2012 through 2015. The escalation using the CPI will be determined by the percent change in the
level of the CPI between the reference period and a subsequent time period. This will be calculated by first
determining the index point change between the two periods and then the percent change. The following example
illustrates the computation of percent change:
CPI for current period (2015) 237.0
Less CPI for previous period (2014) 233.9
Equals index point change 3.1
Divided by previous period CPI 233.9
Equals 0.013
Result multiplied by 100 0.013 x 100
Equals percent change 1.3
Any contractual increases/decreases must occur on the anniversary date of the contract award. Exceptions may be
allowed under extreme volatile market conditions and relief may be sought by exercising the Equitable Adjustment
provision under this contract.
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2.13. 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 the successful Bidder or his/her
assignee of such occurrence, shall have the unqualified right to terminate the contract without any penalty or
expense to the City. No guarantee, warranty or representation is made that any particular or any project(s) will be
awarded to any firm.
2.14. SERVICE DELIVERABLES
The successful Bidder shall provide services during the frequency, pursuant to Section 3.0, Specifications, for each
location.
2.15. PERFORMANCE
The successful Bidder shall be made fully responsible for performing all the work necessary to meet City standards
in a safe, neat, and good worlananlike manner, using only generally accepted methods in carrying out the work and
complying with all federal and state laws as well as any and all City of Miami ordinances and codes relating to such
work.
2.16. PERSONNEL
The successful Bidder shall be deemed to represent that it has, or will have upon the award of the contract, all
necessary personnel required to perform all services arising from the award of the contract.
All services required herein shall be performed by the successful Bidder and all personnel engaged in performing the
services shall be qualified to perform such services.
2.17. SUBCONTRACTOR(S)'S MINIMUM REQUIREMENTS
Bidder must list any or all subcontractor(s) that may be utilized to assist in the performance of the work specified
herein. Any subcontractor(s) listed must meet the same requirements and submit the same information listed under
the Bidder's Minimum Qualifications, Section 2.8. All information required shall be included in the solicitation
response. If bidder does not include any subcontractor(s) as part of its bid submittal, it will be construed that bidder
will be able to handle the entire workload by itself and will not be allowed to subcontract any of the work unless it
request in writing the hiring of subcontractor(s) with the aforementioned requirements attached to its request within
seventy two (72) hours of considering hiring subcontractor(s). The City will grant or deny such request in writing
within forty-eight (48) hours of receiving said request.
2.18. LABOR, SUPERVISION, MATERIALS, AND EQUIPMENT
The successful Bidder shall furnish, at his/her own expense, all labor, supervision, equipment, materials, supplies,
and other equipment necessary for satisfactory completion of all the services as specified in the IFB. All equipment
shall be maintained in an efficient and safe operating condition while performing work under the contract.
Equipment must have all proper safety devices required by law whish shall be properly maintained and in use at all
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times, To this regard, the City reserves the right to request a list of such items for approval of use. It may require a
change of designated item(s) that are deemed by the City as unsafe or which may create and uncomfortable
environment and/or service to City employees or patrons,
2.19. FAILURE TO PERFORM
Should the successful Bidder fail to perform in full accordance, at any time, with the specifications as cited in this
IFB, successful Bidder may be determined to be in default of the contract, Successful Bidder shall be required to
have sufficient equipment, supplies, and materials, at all times, or this shall be grounds for default, At no time shall
the successful Bidder be paid for any day that his/her personnel fail to show up to a facility or fail to perform in full
accordance with the specifications and to the satisfaction of the Contract Administrator. Should this occur, the City
should deduct liquidated damages as indicated under said provision. Should the successful Bidder fail to perform in
accordance with the contract as determined solely by the City, the City shall make the determination to deem the
successful Bidder in default. The City shall be the sole judge of non-perfonnance, failure to perform, and default of
contract. the date of termination shall be stated in the written notice.
Should it not be possible to reach the successful Bidder or supervisor on duty and/or should remedial action not be
taken within 48 hours of any failure to perform according to specifications, the City reserves the right to
declare successful Bidder in default of the contract or make appropriate reductions in the contract payment.
2.20. COMPLETED WORK
The City shall be notified by the successful Bidder upon completion of work, The City shall inspect and approve
completed work before authorizing payment, Work not satisfactorily completed shall be redone by the successful
Bidder at no additional charge to the City.
2.21. ADDITIONS/DELETIONS OF ITEMS/PRODUCTS
Although this Solicitation identifies specific facilities/items/products to be serviced, it is hereby agreed and
understood that any facility/item/products may be added/deleted to/from this contract at the option of the City.
When an addition to the contract is required, the successful Bidderunder this contract shall be invited to submit
price quotes for these new services/items/products, If these quotes are comparable with market prices offered for
similar services/items/products, they shall be added to the contract whichever is in the best interest of the City and
an addendum and a separate purchase order shall be issued by the City,
2.22. CONTRACT ADMINISTRATORS
Upon award, successful Bidder shall report and work directly with Jose Gell, the Contract Administrator.
2.23. SUPERVISION
The successful Bidder shall assign one working "On Duty" Supervisor, The successful Bidder shall also advise the
name and telephone number where the On Duty Supervisor, or the successful Bidder, may be reached at any time for
purposes of taking complaints and receiving information as to daily contract performance. In the event the On
Duty Supervisor demonstrates an inability to properly supervise his/her personnel as determined by the Contract
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505365,2
Administrator or his/her designee, then the contract administrator or his/her designee have the authority to request
the immediate, dismissal of said Supervisor of his/her responsibilities at the facility and the successful Bidder is to
assign another individual upon four (4) hour notice (if requested by the City) to supervise staff in a satisfactory
manner as determined by the Contract Administrator or his/her designee. The City shall only be liable for payment
of the actual hours worked by said Supervisor(s).
2.24. TIE BIDS
Whenever two or more Bids which are equal with respect to price, quality and service are received by the City for
the procurement of commodities or contractual services, a Bid received from a business that certifies that is has
implemented a drug -free workplace program shall be given preference in the award process. Established procedures
for processing tie Bids will be followed if none of the tied vendors have a drug -free workplace program. In order to
have a drug -free workplace program, a business shall:
(1) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or
use of a controlled substance is prohibited in the workplace and specifying the action that will be taken against
employees for violations of such prohibition.
(2) Inform employees about the dangers of drug abuse in the workplace, the business' policy of maintaining a
drug -free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the
penalties that may be imposed upon employees for drug abuse violations,
(3) Give each employee engaged in providing the commodities or contractual services that are under Bid a copy of
the statement specified in subsection (1).
(4) In the statement specified in subsection (1), notify the employees that, as a condition of working on the
commodities or contractual services that are under Bid, the employee will abide by the terms of the statement and
will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 or
of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later
than five (5) days after such conviction.
(5) Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation
program, if such is available in the employee's community, by any employee who is so convicted.
(6) Make a good faith effort to continue to maintain a drug -free workplace through implementation of this section.
2.25. LIQUIDATED DAMAGES
The successful Bidder shall provide all services for each location as listed in Section 3.0, Specifications. If the
successful bidder fail to deliver the minimum number of cycles as provided, it is understood that $25.00 per
calendar day per location not serviced will be deducted, as liquidated damages, not as a penalty, but as a form of
compensation for the loss of not having the use and enjoyment of a neat, maintained, fertilized, mowed and trimmed
public grounds important to maintain the quality of life and public image at a very high level,
2.26. USE OF PREMISES
The successful Bidder shall confine his/her equipment, apparatus, the storage of materials, and the operation of
his/her workmen to the limits indicated by law, ordinances, permits, or direction of the project manager, and shall
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505365,2
not unreasonably encumber the premises with his/her materials. The successful Bidder shall take all measures
necessary to protect his own materials.
2.27. DAMAGES TO PUBLIC/PRIVATE PROPERTY
The successful Bidder 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 Bidder, at his/her expense, shall 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).
2.28. DAMAGES CAUSED BY THE SUCCESSFUL BIDDER
Any damage caused by the successful Bidder shall be reported to the Contract Administrator either in person or in
writing. Successful Bidder shall be responsible for paying for any and all damages of which may be paid via credit
against monthly billing or by direct payment.
2.29. PUBLIC CONVENIENCE AND SAFETY
The successful.B idder shall conduct his work so as to not interfere with private business or public travel. The
successful Bidder shall, at his own expense, whenever necessary or required, maintain barricades, lights, and take
such other precautions as may be necessary to protect life and property, and shall be liable for all damages
occasioned in any way by the successful Bidder's actions or neglect or that of his agents or employees.
The successful Bidder shall meet the following noise abatement performance standards for all construction
equipment:
Between the hours of 7:00 A.M. and 6:00 P.M, noise levels shall not exceed 80 dBA at the nearest residential or
commercial property line.
Operation of equipment should be avoided between the hours of 6:00 P.M, and 7:00 A.M., but if required, the noise
level shall not exceed 65 dBA.
2.30. SAFETY MEASURES
The successful Bidder shall take all necessary precautions for the safety of employees, and shall erect and properly
maintain at all times all necessary safeguards for the protection of the employees and the public. Danger signs
warning against hazards created by his/her operation and work in progress must be posted.
All employees of the successful Bidder shall be expected to wear safety glasses or goggles, appropriate clothing, and
hearing protection when and wherever applicable. The successful Bidder shall use only equipment that is fully
operational and in safe operating order. The successful Bidder shall be especially careful when servicing property
when pedestrians and/or vehicles are in close proximity - work shall cease until it is safe to proceed.
2.31. QUALITY OF WORK
All work shall be performed using superior maintenance standards and techniques. The frequencies established for
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repetitive maintenance tasks are minimum frequencies, which must be increased if deemed necessary and requested
by the City. Failure to perform under the terms and conditions of this contract will cause the Contract Administrator
to submit a Vendor Performance Forrn to the Procurement Department for follow-up, Should the Procurement
Department receive three (3) Vendor Performance Forms, then the successful Bidder will be immediately removed
from the contract for the balance of the total contract period remaining.
2.32. LEGAL HOLIDAYS
Legal holidays for the City of Miami include the following:
New Year's Day
Dr. Martin Luther King's Day
Presidents' Day
Memorial Day
Independence Day
Labor Day
Columbus Day
Veterans' Day
Thanksgiving Day
Day After Thanksgiving Day
Christmas Day
2.33. EMERGENCY
The successful Bidder will provide the City with evening, weekend, and holiday service, as necessary, to cope with
an emergency situation which threatens public health and safety, as determined by the City. The successful Bidder
will furnish on the bid form a 24-hour telephone number in the event of such an emergency.
2.34. PRIMARY CLIENT (FIRST PRIORITY)
The successful Bidder agree upon award of this contract that the City of Miami shall be its primary client and shall
be serviced first during a schedule conflict arising between this contract and any other contract successful Bidder
may have with any other cities and/or counties to perform similar services as a result of any catastrophic events such
as tornadoes, hurricanes, severe storms or any other public emergency impacting various areas during or
approximately the same time.
2.35. ADDITIONAL TERMS AND CONDITIONS
No additional terms and conditions included with the solicitation 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, pricelists or warranties, it is understood and agreed that the General and Special conditions
in this solicitation are the only conditions applicable to this solicitation and the successful Bidder's authorized
signature affixed to the successful Bidder's acknowledgement form attests to this.
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2.36. TERMINATION
A. FOR DEFAULT
If the successful Bidder defaults in its performance under this Contract and does not cure the default within 30 days
after written notice of default, the City Manager may terminate this Contract, in whole or in part, upon written notice
without penalty to the City of Miami. In such event the successful Bidder shall be liable for damages including the
excess cost of procuring similar supplies or services: provided that if, (1) it is determined for any reason that the
successful Bidder was not in default or (2) the successful Bidder's failure to perform is without his or his
subcontractor's control, fault or negligence, the termination will be deemed to be a termination for the convenience
of the City of Miami.
B. FOR CONVENIENCE
The City Manager may terminate this Contract, in whole or in part, upon 30 days prior written notice when it is in
the best interests of the City of Miami. If this Contract is for supplies, products, equipment, or software, and so
terminated for the convenience by the City of Miami the successful Bidder 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.
Page 36 of 38
3. Specifications
505365,2
3.1. SPECIFICATIONS/SCOPE OF WORK
The successful Bidder shall furnish all labor and specified equipment necessary for satisfactory contract
performance at Museum Park, 1075 Biscayne Blvd, Miami, FL 33132. Successful Bidder shall provide blowers,
power pruners, power edgers, and power trimmers to perform the solicited tasks listed and defined below. Such
equipment shall be of suitable type, in good condition and grade for the purpose, All workmanship, equipment, and
frequency shall be subject to the inspection and approval of the Bayfront Park Management Trust ("the Trust") or
designee.
The successful bidder shall perform two sets of tasks per week, Sunday through Saturday, 8:00 AM to 5:00 PM.
Daily Tasks — to be performed by no more than three (3) employees
1. Litter Control — clean the entire park from Biscayne Blvd to Biscayne Bay and from American Airlines
Arena to the Museum Property throughout the day.
2. Weeding — Remove weeds from all beds,
3. Debris Removal — Use blower for fine debris removal on upper and lower plazas adjacent to the museums,
4. Janitorial Services — Clean park bathroom. Supplies to be provided by the Trust.
5. Trash — Visually inspect and empty trash and dog station containers as needed. Empty recycling bins as
needed,
6. Report damages to building, trees, etc, to park staff.
7. Graffiti Removal — Remove graffiti as needed, Supplies to be provided by the Trust,
8. Other duties as assigned by the Trust
Weekly Tasks — to be performed every Wednesday by at least an additional three (3) person crew
1. Weed, edge, trim hedges and remove clippings.
2. Install sand and mulch, Supplies to be provided by the Trust.
3. Trim palms and other trees as scheduled by the Trust.
Definition of Taslcs
Litter Control: Trash which has accumulated from natural circumstances or left by the public shall be removed
from the site and disposed of properly. Litter includes glass, paper, trash, undesirable materials or debris. Litter does
not include abandoned vehicles or other items for which removal is prescribed by law, The facility's dumpster may
be utilized to dispose of trash/litter.
Weeding: All landscaped areas shall be kept free of weeds, A complete removal of all weed growth shall be
accomplished on a continual basis. Weed out all growth in beds, shrubs, tree beds, paver areas and fence lines.
Turf Edging: Edge all turf edges in all areas including sidewalks, driveways, pavement areas, beds, shrub and tree
beds, and paver areas,
Debris Removal: Successful Bidder will remove and properly dispose of all lawn maintenance related debris, This
will include tree branches just trimmed or which have fallen, the residue from any clippings, trimmings, pruning,
fertilization, pest control, or plant operation as well as any trash item resulting from landscaping activities. At no
time shall the blown material be directed in to the streets or other properties, but shall be blown instead into a pile
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505365,2
and disposed of properly.
The facility's trash dumpster may be utilized by the successful Bidder to dispose of debris. Where necessary, hose
off dust or dirt from walkways, walls, fixtures or remove other stains that may be caused by ground maintenance
operations,
Shrub Trimming: Prune all shrubs as scheduled by the Trust or designee to maintain plants in a healthy condition
and to prevent encroachment of passageways, walks, and view of signs.
Hedge Trimming: Prune all hedges as scheduled by the Trust or designee to maintain plants in a healthy condition
and prevent encroachment of passageways, walks, and view of signs.
Patin Tree Trimming: Trim trees as scheduled by the Trust or designee. Remove dead and/or broken branches,
suckers, and sprouts from the tree base or below. Prune to prevent encroachment of branches over streets, obscuring
signs or traffic, and the interference of lighting. Use clean, sharp cutting tools designed for pruning. Prune trees to
maintain a height of eight (8) feet. Any trees in need of replacement at no fault to the successful Bidder will be the
responsibility of the Trust. However, the successful Bidder, in accordance with specifications, shall maintain any
newly planted trees.
Mulching: The Trust will provide mulch for the successful Bidder to install.
Irrigation: The successful Bidder shall become thoroughly familiar with the facility's lawn sprinkler system and
hours of operation. Components damaged by the successful Bidder during service shall be immediately repaired by
the Trust at the cost of the successful Bidder. Items in need of repair shall be brought to the immediate attention of
the Trust or designee.
Page 38 of 38
PROFESSIONAL SERVICES AGREEMENT
This agreement ("Agreement") entered into as of the day of
2015, by and between the Bayfront Park Management Trust ("Trust"), a limited agency and
instrumentality of the City of Miami, and BCLS Landscaping Group, Inc., (the
"Landscaper").
RECITAL
WHEREAS, the Trust desires to retain the Landscaper's services ("Services"),
defined herein, and Auditor desires to be the independent auditor of the Trust.
WHEREAS, the City of Miami Purchasing Department issued on behalf of the Trust
a Invitation for Bid ("IFB") No. 505365, on July 27, 2015, to seek a qualified provider for
landscaping services for Museum Park ices and Landscaper submitted the most qualified
response ("Proposal") and was selected for the provision of the Services. The IFB and the
Proposal are sometimes referred to herein, collectively, as the Solicitation Documents, and
are by this reference expressly incorporated into and made a part of this Agreement as if set
forth in full; and,
WHEREAS, the Trust at its board meeting of November 10, 2015, approved the
selection of the Landscaper and authorized the Trust's Executive Director (the "Executive
Director") to enter into a professional services agreement.
NOW, THEREFORE, in consideration of the promises and the mutual covenants
and obligations herein contained and subject to the terms and conditions herein stated, the
parties hereto understand and agree as follows:
1. TERMS:
The term of the Agreement shall be for two (2) year with an option to renew for an
additional three (1) one-year periods.
2. SCOPE OF SERVICES:
Landscaper agrees to provide the Services as specifically described and subject to
the terms and conditions set forth in IFB, which by this reference is incorporated
into and made a part of this Agreement. At the written request of the Trust,
Landscaper shall perform such additional services as may reasonably be required
("Additional Services").
BPMT/2015 BCLS Landscaping PSA
3. COMPENSATION:
The amount of compensation payable by the Trust to the Landscaper for the
Services shall not exceed the $10.00 rate established in the IFB, and is allocated in
the Trust's Operating Budget under line item no. 4500.21, Museum Park Landscape
Maintenance Contractor, subject to the availability of funds for succeeding fiscal
years.
4. TRUST INSPECTION RIGHTS:
For a period of three (3) years after completion of the Services authorized under this
Agreement, Landscaper shall make available to its successor, the Trust and the City
of Miami ("City"), including its designees, the work papers, records and other
evidence and documents relating to Landscaper's Services and Additional Services.
The Trust and the City, including its designees, shall be entitled, at any reasonable
time during such three (3) year period, to inspect such documents and to reproduce
the same, at its expense, and Landscaper will make the provisions at the time the
need for reproduction arises.
5. AWARD OF AGREEMENT:
Landscaper represents and warrants to the Trust that it has not employed or retained
any person or company employed by the Trust to solicit or secure this Agreement
and that it has not offered to pay, paid or agreed to pay any person any fee,
commission, percentage, brokerage fee or gift of any kind contingent upon or in
connection with the award of this Agreement.
6. INDEPENDENT AUDITOR GENERAL — ACCESS TO DOCUMENTS
The City of Miami has established the Office of the Independent Auditor General
("IAG"), to provide the City Commission with independent oversight of audit and
analytical functions of the City. Pursuant to Section 38-111(b) of the Code of The
City of Miami, the City of Miami shall have the right to audit any books, accounts,
expenditures, receivables, and contracts of the TRUST, and such Audit may be
performed by the IAG. The IAG shall have the power to audit, and to make copies
of or extracts from all financial and related records (in whatever form they may be
kept, whether written, electronic, or other) relating to or pertaining to this
AGREEMENT. Any information deemed to be confidential, proprietary, or a trade
secret under Florida law , but integral to completing audit procedures, such
information will be timely provided but will be excluded from the audit work
papers.
USER shall, at all times during the term of this AGREEMENT and for a period of
two (2) years after the completion of this AGREEMENT, maintain such records,
together with such supporting or underlying documents and materials available in a
location within Miami -Dade County , Florida as may be requested by the City. .
Nothing in this Section shall impair any independent right of The City of Miami,
pursuant to applicable laws and regulations, to conduct audits or investigate
BPMT/2015 BCLS Landscaping PSA
activities. The provisions of this Section are neither intended nor shall they be
construed to impose any liability on The City of Miami by the USER or third
parties.
7. COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS:
Landscaper understands that agreements between private entities and local
government are subject to certain laws and regulations, including laws pertaining to
public records, conflict of interest records keeping, etc. The Landscaper agrees to
comply with and observe all applicable federal, state and local laws, rules,
regulations, codes and ordinances, as they may be amended from time to time,
8. INDEMNIFICATION:
Landscaper shall indemnify, defend and hold harmless the City of Miami and the
Trust and its officials, employees and agents (collectively referred to as
"Indemnities") and each of them from and against all loss, costs, penalties, fines,
damages, claims, liabilities or expenses, including attorney's fees (collectively
referred to as "Liabilities") arising out of, resulting from, or in connection with (i)
the performance or non-performance of the services contemplated by this
Agreement which is or is alleged to be directly or indirectly caused, in whole or in
part, by any act, omission, default or negligence (whether active or passive) of
Landscaper or its employees, agents or subcontractors (collectively referred to as
"Landscaper"), or (ii) the failure of the Landscaper to comply with any of the
paragraphs herein, or (iii) the failure of the Landscaper to conform to statutes,
ordinances, or other regulations or requirements of any governmental authority,
federal or state, in connection with the performance of this Agreement, or (iv) the
failure of any representations or warranties of Landscaper hereunder. Landscaper
expressly agrees to indemnify and hold harmless the Indemnities, or any of them,
from and against all liabilities which may be asserted by an employee or former
employee of Landscaper, or any of its subcontractors, as provided above, for which
the Landscaper's liability to such employee or former employee would otherwise be
limited to payments under state Workers' Compensation or similar laws,
9. INSURANCE:
During the term of this Agreement, Landscaper shall carry limits of insurance
pursuant the attached Insurance Exhibit A.
10. CONFLICT OF INTEREST:
A, Landscaper is aware of the conflict of interest laws of the City of Miami
(City of Miami Code, Chapter 2, Article V), Dade County Florida (Dade
County Code, Section 2-11.1 et, seq.) and of the State of Florida as set
forth in the Florida Statutes and agrees that it will fully comply in all
respects with the terms of said laws and any future amendments thereto.
B. Landscaper covenants that no person or entity under its employ,
presently exercising any functions or responsibilities in connection with
this Agreement, has any personal financial interests, direct or indirect
with Trust. Landscaper further covenants that, in the performance of this
BPMT/2015 BCLS Landscaping PSA
Agreement, no person or entity having such conflicting interests shall be
utilized in respect to Services provided hereunder. Any such conflict of
interest(s) on the part of Landscaper, its employees or associated persons
or entities must be disclosed in writing to the City.
11. DEFAULT:
If Landscaper fails to comply with any term or condition of this Agreement or fails
to perform any of its obligations hereunder, then Landscaper shall be in default.
Upon the occurrence of a default hereunder, the Trust, in addition to all remedies
available to it by law, may immediately, upon written notice to Landscaper,
terminate this Agreement. Whereupon all payments, advances or other
compensation paid by the Trust to Landscaper while Landscaper was in default shall
be immediately returned to the Trust. Landscaper understands and agrees that
termination of this Agreement under this section shall not release Landscaper from
any obligation accruing prior to the effective date of termination.
12. TRUST'S TERMINATION RIGHTS:
The Trust shall have the right to terminate this Agreement, in its sole discretion, at
any time, by giving written notice to Landscaper at least five (5) business days prior
to the effective date of such termination. In such event, the Trust shall compensate
Landscaper for the Services rendered and expenses, fees and cost incurred prior to
the effective date of termination.
In no event shall the Trust be liable to Landscaper for any additional compensation,
other than that provided herein, or for any consequential or incidental damages.
Additionally, the Trust shall have the right to terminate this Agreement, without
notice or liability to Landscaper, upon the occurrence of an event of default. In such
event, the Trust shall not be obligated to pay any amounts to Landscaper and
Landscaper shall reimburse to the Trust all amounts received for Services provided
while Landscaper was in default under this Agreement.
13. ASSIGNMENT:
Landscaper shall not assign this Agreement, in whole or in part, without the prior
consent of the Trust, which may be withheld or conditioned, in the Trust's sole
discretion.
14. NOTICE:
All notices or other communications required under this Agreement shall be in
writing and shall be given by hand -delivery or by registered or certified U.S. Mail,
return receipt requested, addressed to the other party at the address indicated below
or to such other address as a party may designate by notice given as herein provided.
Notice shall be deemed given on the day on which personally delivered or, if by
mail, on the fifth day after being posted or the date of actual receipt, whichever is
earlier,
BPMT/2015 BCLS Landscaping PSA
AS TO TRUST:
Timothy F. Schmand
Executive Director
Bayfront Park Management Trust
301 N. Biscayne Boulevard
Miami, Florida 33132
WITH A COPY TO:
Victoria Mendez
City Attorney
City of Miami
444 SW Second Avenue, 9th Floor
Miami, Florida 33132
LANDSCAPER:
Terry Jones
President
BCLS Landscaping Group, Inc.
1528 NW 43 Street
Miami, Florida 33142
15, MISCELLANEOUS PROVISIONS:
A. This Agreement shall be constructed and enforced according to the laws of
the State of Florida
B. Title and paragraph heading are for convenient reference and are not a part
of this Agreement
C. No waiver or breach of any provision of this Agreement shall constitute a
waiver of any subsequent breach of the same or any other provision hereof
and no waiver shall be effective unless made in writing.
D. Should any provision, paragraph, sentence, word or phrase contained in this
Agreement be determined by a court of competent jurisdiction to be invalid,
illegal or otherwise unenforceable under the laws of the City of Miami or
State of Florida, such provisions, paragraph, sentence, word or phrase shall
be deemed modified to the extent necessary in order to conform with such
laws, or if not modifiable, then same shall be deemed severable. In either
event, the remaining terms and provisions of this Agreement shall remain
unmodified and in full force and effect or limitation of its use.
E. This Agreement constitutes the sole and entire agreement between the parties
hereto. No modification or amendment hereto shall be valid in writing and
executed by properly authorized representative of the parties hereto,
F. In the event of a conflict between the terms of the Agreement and the
exhibits, interpretation of the Agreement shall control.
16. SUCCESSORS AND ASSIGNS:
This Agreement shall be binding upon the parties hereto, their heirs, executors, legal
representatives, successors, or assigns.
BPMT/2015 BCLS Landscaping PSA
17. INDEPENDANT CONTRACTOR:
Landscaper has been procured and is being engaged to provide Services to the Trust
as an independent contractor and not as an agent or employee of the Trust.
Accordingly, Landscaper understands that Florida Workers' Compensation benefits
available to employees of the Trust are not available to Landscaper and agrees to
provide workers' compensation insurance for any employee or agent of Landscaper
rendering Services to the Trust under this Agreement.
18. ENTIRE AGREEMENT:
This instrument and its attachments constitute the sole and only Agreement of the
parties relating to the subject matter hereof and correctly set forth the rights, duties
and obligations of each to the other as of this date. Any prior agreements, promises,
negotiations, or representations, not expressly set forth in this Agreement, are of no
force or effect.
19. COUNTERPARTS:
This Agreement may be executed in two or more counterparts, each of which shall
constitute an original but all of which, when taken together, shall constitute one and
the same agreement.
20. NONDISCRIMINATION:
Landscaper hereby represents and warrants that all of its employees are treated
equally during employment without regard to race, color, sex, religion, creed,
ancestry, national origin, age, disability, marital status or sexual orientation.
21. AUTHORITY TO PRACTICE:
Landscaper hereby represents and warrants that it has and will continue to maintain
all licenses and approvals required to conduct its business, and that it will at all
times conduct its business in a reputable manner. Proof of such licenses and
approvals shall be submitted to the Trust's representative upon request.
(signature page follows)
BPMT/2015 BCLS Landscaping PSA
IN WITNESS WHEREOF, the parties hereto have caused this instrument to be
executed by their respective officials thereunto duly authorized, this the day and
year above written.
Witness: For Landscaper
BCLS Landscaping Group, Inc.
Name Terry Jones, President
Witness: For Bayfront Park Management
Trust
Jose Gell Timothy F. Schmand
Administrative Officer Executive Director
Approved as to Insurance Approved as to Form and:
Requirements: Correctness
Anne Marie Sharpe, Administrator,
Risk Management
Victoria Mendez
City Attorney
BPMT/2015 BCLS Landscaping PSA
CORPORATE RESOLUTION
Whereas, BCLS Landscaping Group, Inc., desires to enter into an Agreement with the Bayfront
Park Management Trust substantially in the form of the agreement to which this Resolution is
attached;
Whereas, the Board of Directors, at a duly held meeting has considered the matter in
accordance with the By -Laws of the Corporation;
NOW, THEREFORE, BE IT RESOLVED BY BOARD OF DIRECTORS that this corporation
is authorized to enter into the Agreement with the Bayfront Park Management Trust and Terry
Jones, President is hereby authorized and directed to execute the Agreement in the name of this
Corporation and to execute any other documents and perform any acts in connection therewith as
may be required to accomplish its purpose.
BY:
IN WITNESS WHEREOF, this day of 2015.
BY:
Terry Jones, President
Yolanda McKnight -Jones, Corporate Secretary
BPMT/2015 BCLS Landscaping PSA
EXHIBIT A
INSURANCE REQUIREMENTS -PROFESSIONAL SERVICES AGREEMENT
SHARPTON, BRUNSON & COMPANY
L. Commercial General Liability
A. Limits of Liability
Bodily Injury and Property Damage Liability
Each Occurrence $1,000,000
General Aggregate Limit $ 2,000,000
Personal and Adv. Injury $ 1,000,000
Products/Completed Operations $ 1,000,000
B. Endorsements Required
City of Miami listed as additional insured
Bayfront Park Management Trust listed as an additional insured
Contingent & Contractual Liability
Premises and Operations Liability
Primary and non contributory liability endorsement
II. Business Automobile Liability
A. Limits of Liability
Bodily Injury and Property Damage Liability
Combined Single Limit
Owned/Scheduled Autos
Including Hired, Borrowed or Non -Owned Autos
Any One Accident $ 1,000,000
B. Endorsements Required
City of Miami listed as an additional insured
Bayfront Park Management Trust listed as an additional insured
III. Worker's Compensation
Limits of Liability
Statutory -State of Florida
Waiver of Subrogation
Employer's Liability
BPMT/2015 BCLS Landscaping PSA
A. Limits of Liability
$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
IV. Professional Liability/Errors and Omissions Coverage
Combined Single Limit
Each Claim $1,000,000
General Aggregate Limit $1,000,000
Retro Date Included
The above policies shall provide the City of Miami with written notice of cancellation
or material change from the insurer in accordance to policy provisions.
Companies authorized to do business in the State of Florida, with the following
qualifications, shall issue all insurance policies required above:
The company must be rated no less than "A-" as to management, and no less than
"Class V" as to Financial Strength, by the latest edition of Best's Insurance Guide,
published by A.M. Best Company, Oldwick, New Jersey, or its equivalent. All
policies and /or certificates of insurance are subject to review and verification by
Risk Management prior to insurance approval.
BPMT/2015 BCLS Landscaping PSA