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HomeMy WebLinkAboutBack-Up DocumentsFRO •. CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM Arthur Noriega V City Manager �9S�on,�Use Annie Perez, CPPO Chief Procurement Officer/Director Department of Procurement DATE: April 23, 2024 FILE: SUBJECT: Recommendation for Approval to Award the Lease of a Marina Forklift REFERENCES: Invitation for Bid ("IFB") No. 1719386 ENCLOSURES: Survey Results, Bid Tabulation RECOMMENDATION: Based on the findings below, the Department of Procurement ("Procurement"), hereby recommends award of Invitation for Bid, ("IFB") No. 1719386 to the apparent responsive and responsible Bidder, Forklift Exchange, Inc, ("Forklift Exchange") for the lease of a marina forklift, for thirty-six (36) months, and two thousand (2,000) hours annual use. The awarded vendor, contract terms, and amount is shown below: IFB No./Title: Contract Amount: Contract Term: Recommended Vendor: IFB No. 1719386, Lease of a Marina Forklift $24,800.00 Monthly (Approximately $892,800.00 in the aggregate) Three (3) years with no option to renew. Forklift Exchange, Inc. BACKGROUND: On December 22, 2023, Procurement on behalf of the City of Miami's Department of Real Estate and Asset Management (`DREAM") issued IFB No. 1719386 for the Lease of a Marina Forklift, for thirty-six (36) months, with a yearly allowance of two thousand (2,000) hours, under full and open competition. On February 9, 2024, at bid closing one (1) bid was received. A survey was issued, and some vendors did not respond, while another said they were not aware of the IFB. On March 11, 2024, a Best and Final Offer Letter ("BAFO") was issued. The bid was evaluated and tabulated following the guidelines published in the IFB. Forklift Exchange was the sole responsive and responsible Bidder. Consequently, approval of this recommendation to award is requested. Your signature below will indicate approval of this recommendation. Approved: ,...--oocus fined b, Qvi w Nbvity. Arthur Noriega V, City Manager Date: April 25, 2024 1 14:43:34 EDT c: Larry M. Spring Jr„ CPA, Assistant City Manager, Chief Financial Officer Andrew Frey, Director, Real Estate and Asset Management Pablo Velez, Senior Assistant City Attorney Yadissa A. Calderon, CPPB, NIGP-CPP, Assistant Director, Department of Procurement PR24094 TABULATION OF BIDS IFB 1719386, Lease of Marina Forklift Forklift Exchange Forklift Exchange - BAFO Item Description Est. Qty UOM Unit.Price Unit Price 1 Monthly Cost per Forklift (Terms is thirty-six (36) months, with a yearly allowance of 2000 hours) 1 Month $24,800.00 $24,800.00 Total Prepared by: Teresa Soto, April, 2024 $24,800.00 I $24,800.00 Lowest Bid Approved by: IFB No. 1719386 Lease of Marina Forklift Survey The following survey was sent to vendors registered with the City of Miami that received notification of the Invitation to Bid. The above referenced solicitation was advertised on December 22, 2023. The due date was February 9, 2024. The solicitation requested that the vendor provide a copy of their firm's authorized dealer authorization letter from Wiggins Marina to insure that they are a Wiggins Marina Forklift authorized dealer as well as insurance requirements.. Due to lack of participation, Procurement reached out to the some of the identified vendors to determine whether barriers existed in their decision not to compete. For example: 1. My firm was unable to meet the timeline for proposal due date. 2. My firm did not have enough time to ask the City questions necessary to complete the IFB. 3. Not enough information in the Scope of Services. 4. Not interested. Following are the responses as received from firms: Firm Response 1 Monmouth Solutions John Mercuri jj@monmouthsolutions.com Unaware of the bid until a day before it was due 2 DH and Company daraharsh(a�gmail.com No Response 3 Native Instinct LLC Nativeinstinctl 1 Ca�gmail.com No Response 4 Relam, Inc. thargreavesarelaminc.com No Response 5 6 7 8 9 10 11 12 13 6 DIVISION OF CORPORATIONS 1, � Jryr�1r�' ; 9j �org C) r D•����rr ► r an official LJur& of Florida weLsite Department of State / Division of Corporations / Search Records / Search by Entity Name / Detail by Entity Name Florida Profit Corporation FORKLIFT EXCHANGE, INC. Filing Information Document Number FEI/EIN Number Date Filed Effective Date State Status Last Event Event Date Filed Event Effective Date Principal Address 6901 Alico Road, Unit 1 FORT MYERS, FL 33912 Changed: 09/01/2021 Mailing Address 116 W. Hubbard St Chicago, IL 60654 P16000051428 36-3450799 06/13/2016 10/04/1985 FL ACTIVE CORPORATE MERGER 06/03/2019 06/03/2019 Changed: 01 /21 /2020 Registered Agent Name & Address VCORP SERVICES, LLC 1200 S PINE ISLAND ROAD PLANTATION, FL 33324 Name Changed: 04/24/2019 Address Changed: 01/20/2022 Officer/Director Detail Name & Address Title President, Secretary FLASKA, MARTIN 6901 ALICO ROAD FT. MYERS, FL 33712 Title VP FLASKA, MICHAEL 6901 ALICO ROAD FT. MYERS, FL 33712 Annual Reports Report Year Filed Date 2021 02/16/2021 2022 02/02/2022 2023 04/27/2023 Document Imam )4/27/2023 --ANNUAL REPORT 02/02/2022 --ANNUAL REPORT 02/16/2021 --ANNUAL REPORT )1/21/2020 --ANNUAL REPORT 06/03/2019 -- Merger 04/24/2019 --ANNUAL REPORT 10/12/2018 -- REINSTATEMENT 08/17/2018 -- Merger 04/28/2017 --ANNUAL REPORT 06/13/2016 -- Domestic Profit View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format Florida Department of State, Division of Corporations City of Miami Solicitation IFB 1719386 Solicitation IFB 1719386 Lease of a Marina Forklift Solicitation Designation: Public 1 /19/2024 1:01 PM p. 1 City of Miami Solicitation IFB 1719386 City of Miami 1/19/2024 1:01 PM p. 2 City of Miami Solicitation IFB 1719386 Solicitation Number Solicitation Title Solicitation Start Date Solicitation End Date Question & Answer End Date Solicitation Contact Contract Duration Contract Renewal Prices Good for Pre -Solicitation Conference Solicitation Comments Addendum # 1 Solicitation IFB 1719386 Lease of a Marina Forklift IFB 1719386 Lease of a Marina Forklift Dec 22, 2023 9:05:26 AM EST Feb 2, 2024 3:00:00 PM EST Jan 8, 2024 5:00:00 PM EST Teresa Soto See Specifications See Specifications See Specifications Dec 28, 202310:00:00 AM EST Attendance is optional Location: See Section 2.2 PRE -BID CONFERENCE THE PURPOSE OF THIS SOLICITATION IS TO ESTABLISH A CONTRACT FOR THE LEASE OF A MARINA FORKLIFT, AS SPECIFIED HEREIN, FROM A SOURCE(S) FULLY COMPIANT WITH THE TERMS, CONDITIONS, AND STIPULATIONS FO THE SOLICITATION. NO BID BOND IS REQUIRED FOR THIS IFB. REFER TO ATTACHMENT B - BID PRICE SHEET FOR THE LINE ITEM OF THIS IFB IN THE DOCUMENT SECTION OF BIDSYNC. FAILURE TO COMPLETE, SIGN, AND UPLOAD THE CERTIFICATION STATEMENT AND CERTIFICATION SECTION WILL RENDER YOUR BID NON -RESPONSIVE. ALL UPLOADS SHALL BE IN THE PDF FILE FORMAT. NO OTHER FILE FORMAT WILL BE ACCEPTED BY THE CITY. ATTACHMENT FILES SHALL BE NO MORE THAN 500MB IN SIZE EACH. SHOULD THERE BE A NEED FOR A LARGER SIZE FILE TO BE UPLOADED, SPLIT IN MULTIPLE FILES. FOR ANY BIDSYNC TECHNICAL DIFFICULTIES, AND/OR ISSUES, PLEASE CONTACT THE VENDOR SUPPORT TOLL -FREE NUMBER AT 800-990-9339, OR GO TO SUPPORT.BIDSYNC.COM, OR EMAIL BIDSYNC AT SUPPORT@BIDSYNC.COM. New End Date Jan 25, 2024 3:00:00 PM EST 1/19/2024 1:01 PM p. 3 City of Miami Solicitation IFB 1719386 Addendum # 2 New Documents Addendum No. 2.pdf IFB 1719386, 2.pdf Removed Documents IFB 1719386, 1.pdf Date Jan 25, 2024 3:00:00 PM EST New End Date Feb 2, 2024 3:00:00 PM EST Item Response Form Item IFB 1719386-01-01 - BIDDERS ARE NOT REQUIRED TO ENTER A UNIT PRICE ON THIS LINE ITEM. Quantity 1 each Unit Price Delivery Location City of Miami No Location Specified Qty 1 Description BIDDERS ARE NOT REQUIRED TO ENTER A UNIT PRICE ON THIS LINE. BIDDERS SHALL SUBMIT THEIR BID PRICES UTILIZING ATTACHMENT B - BID PRICE SHEET, LOCATED IN THE DOCUMENT SECTION OF BIDSYNC. 1 /19/2024 1:01 PM p. 4 City of Miami Solicitation IFB 1719386 city of 4i1$tiami ANNIE PEREZ, CPPO ARTHUR NORIEGA V Director of Procurement City Manager ADDENDUM NO. 2 IFB 1719386 January 19, 2024 Invitation for Bid ("IFB") Lease of a Marina Forklift TO: ALL PROSPECTIVE BIDDERS: The following changes, additions, clarifications, and deletions amend the IFB documents of the above captioned IFB and shall become an integral part of the Contract Documents. Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall be added. The remaining provisions are now in effect and remain unchanged. Please note the contents herein and reflect same on the documents you have on hand. IFB's closing date and time has been changed to Friday, February 2, 2024, at 3:00 P.M. ALL OTHER TERMS AND CONDITIONS OF THE IFB REMAIN THE SAME. THIS ADDENDUM IS AN ESSENTIAL PORTION OF THE IFB AND SHALL BE MADE A PART THEREOF. Annie Perez, CPPO Chief Procurement Officer/Director Procurement Department AP:ts c. Larry Spring, Assistant City Manager, Chief Financial Officer Andrew Frey, Director, Real Estate and Asset Management Pablo Velez, Senior Assistant City Attorney Yadissa A. Calderon, CPPB, NIGP-CPP, Assistant Director of Procurement This Addendum shall be signed by an authorized representative and dated by the Bidder and submitted as proof of receipt with the submission of the Bid. NAME OF FIRM: Forklift Exchange, Inc. DATE: 2/2/24 SIGNATURE: of `°/� 1/19/2024 1:01 PM p. 5 City of Miami Solicitation IFB 1719386 ANNIE PEREZ, CPPO Director of Procurement city of 4i1$tiami ADDENDUM NO. 1 ARTHUR NORIEGA V City Manager IFB 1719386 January 16, 2024 INVITATION FOR BID ("IFB") LEASE OF A MARINA FORKLIFT TO: ALL PROSPECTIVE BIDDERS: The following changes, additions, clarifications, and deletions amend the IFB documents of the above captioned IFB and shall become an integral part of the Contract Documents. Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall be added. The remaining provisions are now in effect and remain unchanged. Please note the contents herein and reflect same on the documents you have on hand. The IFB's closing date and time has been changed to Thursday, January 15, 2024, at 3:00 P.M. ALL OTHER TERMS AND CONDITIONS OF THE IFB REMAIN THE SAME. THIS ADDENDUM IS AN ESSENTIAL PORTION OF THE IFB AND SHALL BE MADE A PART THEREOF. 4. C.aidaiLow, for Annie Perez, CPPO Chief Procurement Officer/Director Procurement Department AP:ts c. Larry Spring, Assistant City Manager, Chief Financial Officer Andrew Frey, Director, Real Estate and Asset Management Pablo Velez, Senior Assistant City Attorney Yadissa A. Calderon, CPPB, NIGP-CPP, Assistant Director of Procurement This Addendum shall be signed by an authorized representative and dated by the Bidder and submitted as proof of receipt with the submission of the Bid. NAME OF FIRM: Forklift Exchange, Inc. SIGNATURE: 1. `04/1� DATE: 2/2/24 1 /19/2024 1:01 PM p. 6 City of Miami Solicitation IFB 1719386 City of Miami Invitation for Bid (IFB) Procurement Department Miami Riverside Center 444 SW 2 Avenue, 6 Floor Miami, Florida 33130 Web Site Address: www.miamigov.com/procurement IFB Number: IFB Title: Issue Date/Time: Closing Date/Time: Pre-Bid/Pre-Proposal Conference: Pre-Bid/Pre-Proposal Date/Time: Pre-Bid/Pre-Proposal Location: Deadline for Request for Clarification: Contracting Officer: Contracting Officer E-Mail Address: Contracting Officer Facsimile: 1719386, 2 Invitation for Bid for the Lease of a Marina Forklift 22-DEC-2023 @ 9:00 A.M. 02-FEB-2024 @ 3:00 P.M. Voluntary 28-DEC-2023 @ 10:00 A.M. Virtual via Microsoft TEAMS 08-JAN-2024 @ 5:00 P.M. Soto, Teresa Tsoto@miamigov.com (305)400-5024 1/19/2024 1:01 PM p. 7 City of Miami Solicitation IFB 1719386 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: PROPOSER NAME: Forklift Exchange, Inc. ADDRESS:6901 Alico Road Ft. Myers, FL 33192 (239) 292-1159 PHONE: FAX: EMAIL: albert@forkliftexchange.com CELL(Optional): (786) 436-5393 SIGNED BY: TITLE: Alberto F. Paradela Account Director DATE: FAILURE TO COMPLETE, SIGN, AND RETURN THIS FORM SHALL DISQUALIFY THIS RESPONSE. 1 /19/2024 1:01 PM p. 8 City of Miami Certifications Solicitation IFB 1719386 Legal Name of Firm: Forklift Exchange, Inc. Entity Type: Partnership, Sole Proprietorship, Corporation, etc. Corporation Year Established: 1985 Office Location: City of Miami, Miami -Dade County, or Other Other, Lee County Federal Employee Identification Number (FEIN) 36-3450799 Business Tax Receipt/Occupational License Number: 1043159 Business Tax Receipt/Occupational License Issuing Agency: Lee County Business Tax Receipt/Occupational License Expiration Date: Will Subcontractor(s) be used? (Yes or No) 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): N/A Please list and acknowledge all addendum/addenda received. List the addendum/addenda number and date of receipt (i.e. Addendum No. 1, 01/01/2023). If no addendum/addenda was/were issued, please insert N/A. Addendum No.1, 1/16/24. Addendum No. 2 1/19/24 1/19/2024 1:01 PM p. 9 City of Miami Solicitation IFB 1719386 If Bidder has a Local Office, as defined under Chapter 18/Article 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 Document Section of BidSync.) Reference No. 1: Name of Company/Agency for which bidder is currently providing the services/goods as described in this solicitation, or has provided such services/goods in the past: Rickenbacker Marina Reference No. 1: Address, City, State, and Zip for above reference company/agency listed: 3301 Rickenbacker Cswy, Miami, FL 33149 Reference No. 1: Name of Contact Person, Telephone Number and Email Address for above Reference No. 1 Javier Arritola (305) 361-1900 ja@RMIMARINA.COM Reference No. 1: Date of Contract or Sale for above Reference No. 1 June 2022 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: Cargo Force Reference No. 2: Address, City, State, and Zip for above reference company/agency listed: 9130 S Dadeland Blvd Datran 2 Suite 1801 Miami FL 33156 Reference No. 2: Name of Contact Person, Telephone Number, and Email Address for above Reference No. 2 Fabian Niebles (786) 719-1922 fniebles@agi.aero Reference No. 2: Date of Contract or Sale for above Reference No. 2 January 2022 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: Haulover Marine Center Reference No. 3: Address, City, State, and Zip for above reference company/agency listed: Reference No. 3: Name of Contact Person, Telephone Number, and Email Address for above Reference No. 3 Enrique Quintero (305) 945-3934 equintero@suntex.com 1/19/2024 1:01 PM p. 10 City of Miami Solicitation IFB 1719386 Reference No. 3: Date of Contract or Sale for above Reference No. 3 Are the copies of Wiggins Franchise or Dealer Sales and Service documentation included with your submission? YES OR NO? No bids will be considered without the Authorized Wiggins Dealer Sales and Service documentation. Yes If the Bidder requires the City to sign a Dealer Lease Agreement, is the Dealer Lease included with your submission? YES OR NO? No, the lease is generated by our sysetm when machine is ready for delivery. Please acknowledge that the following terms: Public Records, Prompt Payment Act (Chapter 218 of Florida Statutes 218.73, and 218.74), Indemnification, Insurance Requirements, Governing Law and Venue, Compliance with Federal, State, and Local Laws, and Counterparts can and will be included in the Dealer Lease Agreement, and which are not negotiable. YES OR NO? Yes Does Bidder have any pending lawsuits with or against the City of Miami, any of its agencies and/or instrumentalities? (Yes or No) If Yes, please list. No Does Bidder have any record of criminal activities? (Yes or No) If Yes, please list. No Has Bidder declared bankruptcy within that past seven (7) years? (Yes or No) If Yes, when? No Does Bidder have any prior or pending litigation, either civil or criminal, involving a governmental agency, or which may affect the performance of the services to be rendered herein, in which the Bidder, any of its employees, or subcontractors is, or has been involved in within the last five (5) years? (Yes or No) If Yes, please list. No 1/19/2024 1:01 PM p. 11 City of Miami Solicitation IFB 1719386 1719386 Table of Contents Terms and Conditions 1. General Conditions 1.1. GENERAL PERMS AND CONDITIONS 2. Special Conditions 2.1. PURPOSE 2.2. PRE -BID CONFERENCE 2.3. DEADLINE FOR RECEIPT OF REQUEST FOR ADDITIONAL INFORMATION/CLARIFICATION 2.4. PERM OF CONTRACT 2.5. METHOD OF AWARD 2.6. COUNTERPARTS 2.7. BIDDER'S MINIMUM QUALIFICATION REQUIREMENTS 2.8. REFERENCES 2.9. TIE BIDS 2.10. INSURANCE REQUIREMENTS 2.11. LOCAL OFFICE PREFERENCE 2.12. PUBLIC ENTITY CRIMES 2.13. CITY OF MIAMI LIVING WAGE ORDINANCE 2.14. CURES 2.15. SUBMISSION OF RECEIPT OF BIDS 2.16. FORCE MAJEURE 2.17. PRODUCT INFORMATION 2.18. COMPLE 1'E PROJECT REQUIRED 2.19. EMERGENCY SERVICE/CONTACT 2.20. PROJECT MANAGER 2.21. PARTS AT PASS -THROUGH COST 2.22. WARRANTY, FITNESS FOR PURPOSE 2.23. NO SUBSTITUTIONS 2.24. LABOR, SUPERVISION, AND EQUIPMENT 2.25. NON -APPROPRIATION OF FUNDS 2.26. FAILURE TO PERFORM 2.27. METHOD OF PAYMENT 2.28. DELAYS 2.29. DELIVERY 2.30. MATERIALS SHALL BE NEW AND WARRANTED AGAINST DEFECTS 2.31. LIQUIDATED DAMAGES 2.32. ADDITIONS/DELETIONS OF FACILITIES/PRODUCTS/I1EMS/SERVICES/SUPPLIERS 2.33. PRIMARY CLIENT (FIRST PRIORITY) 2.34. E-VERIFY EMPLOYMENT VERIFICATION 2.35. TERMINATION 2.36. ADDITIONAL TERMS AND CONDITIONS 3. Specifications 1/19/2024 1:01 PM p. 12 City of Miami Solicitation IFB 1719386 1719386 3.1. SPECIFICATIONS/SCOPE OF WORK 1/19/2024 1:01 PM p. 13 City of Miami Solicitation IFB 1719386 1719386 IMPORTANT NOTICE TO BIDDERS • NO BID BOND IS REQUIRED FOR THIS IFB. • REFER TO ATTACHMENT B — BID PRICE SHEET FOR THE LINE ITEM OF THIS IFB IN THE DOCUMENT SECTION OF BIDSYNC. • FAILURE TO COMPLETE, SIGN, AND UPLOAD THE CERTIFICATION STA IEMENT AND CERTIFICATION SECTION WILL RENDER YOUR BID NON -RESPONSIVE. • ALL UPLOADS SHALL BE IN THE PDF FILE FORMAT. NO OTHER FILE FORMAT WILL BE ACCEPTDED BY THE CITY. • ATTACHMENT FILES SHALL BE NO MORE THAN 500MB IN SIZE EACH. SHOULD THERE BE A NEED FOR A LARGER SIZE FILE TO BE UPLOADED, SPLIT IN MULTIPLE FILES. • FOR ANY BIDSYNC TECHNICAL DIFFICULITES, AND/OR ISSUES, PLEASE CONTACT THE VENDOR SUPPORT TOLL -FREE NUMBER AT 800-990-9339, OR GO TO SUPPORT.BIDSYNC.COM, OR EMAIL BIDSYNC AT SUPPORT@BIDSYNC.COM. 1/19/2024 1:01 PM p. 14 City of Miami Solicitation IFB 1719386 Terms and Conditions 1. General Conditions 1719386 1.1.1. General Terms and Conditions for Invitation for Bids (IFB) 1. GENERAL TERMS AND CONDITIONS References to goods only apply insofar as they are applicable to "Goods" as defined in Section 18-73 of the City Code. References to "Professional and Personal Services" are as defined in Section 18-73 of the City Code. 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 - Any good(s) delivered under this Formal Solicitation, if applicable, shall remain the property of the Bidder 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 supplied to the City are found to be defective or do not conform to specifications, the City reserves the right to cancel the order upon written notice to the Successful Bidder/Contractor and return the product to the Successful Bidder/Contractor at the Successful Bidder/Contractor's expense. 1.2. ACCEPTANCE OF OFFER - The signed or electronic submission of a Bidder's response shall be considered an offer on the part of the Bidder; such offer shall be deemed accepted upon issuance by the City of a Purchase Order. 1.3. ACCEPTANCE/REJECTION — The City reserves the right to accept, reject any or all, or portion of responses after opening/closing date, and request re -issuance on the goods/services described in the Formal Solicitation. In the event of a rejection, the Director of Procurement shall notify all affected Bidders and provide a written explanation for such rejection. The City also reserves the right to reject the Response of any Bidder which has previously failed to properly perform under the Terms and Conditions of a City Contract, to deliver on time contracts of a similar nature, and which is not capable to perform the requirements defined in this Formal Solicitation. The foregoing is not an all-inclusive list of reasons for which a response may be rejected. The City further reserves the right to waive any irregularities, minor informalities, or technicalities in any or all responses and may, at its sole discretion, re -issue the Formal Solicitation. 1.4. ADDENDA — It is the Bidder's responsibility to ensure receipt of all Addenda. Responses to questions/inquiries from prospective Bidders will be provided in the form of an Addendum. Addenda are attached in the Documents Section of BidSync. 1.5. ALTERNATE RESPONSES — Alternate responses will not be considered, unless specifically requested by the City. 1/19/2024 1:01 PM p. 15 City of Miami Solicitation IFB 1719386 1719386 1.6. ASSIGNMENT — Successful Bidder/Contractor agrees not to subcontract, assign, transfer, convey, sublet, or pledge, encumber, or otherwise dispose of the resulting Contract, in whole or in part, or any or all of its right, title or interest herein, without City's prior written consent. 1.7. ATTORNEY'S FEES - In connection with any litigation, appellate, administrative, mediation and/or arbitration arising out of the resulting Contract, each party shall bear their own attorney's fees through and including appellate litigation and any post judgment proceedings. 1.8. AUDIT RIGHTS AND RECORDS RETENTION - The Successful Bidder/Contractor 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 Successful Bidder/Contractor which are directly pertinent to this Formal Solicitation, for the purpose of audit, examination, excerpts, and transcriptions. The Successful Bidder/Contractor shall maintain and retain any and all of the books, documents, papers and records pertinent to the resulting Contract for three (3) years after the City makes final payment and all other pending matters are closed. Successful Bidder's/Contractor's failure to, or refusal to comply with this condition, shall result in the immediate cancellation of this Contract by the City. The Audit Rights set forth in Section 18-102 of the City Code apply as supplemental terms and are deemed as being incorporated by reference herein. 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/Contractor at the Contract price(s) established herein, when permissible by Federal, State, and local laws, rules, and regulations. Additionally, any governmental entity outside of the State of Florida but, within the Continental United States of America, may avail itself to this Contract and purchase any and all goods/services, specified herein from the Successful Bidder/Contractor at the Contract period(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 Contract will establish its own Contract, place its own orders, issue its own purchase orders, be invoiced there from and make its own payments, determine shipping terms and issue its own exemption certificates as required by the Successful Bidder/Contractor. 1.10. AWARD OF CONTRACT: A. The Formal Solicitation, any addenda issued, the Bidder's response, and the Purchase Order shall constitute the entire Contract, unless modified in accordance with any ensuing Contract, or amendment. B. The award of a Contract where there are Tie Bids, the tie breaker will be decided by the Director of Procurement or designee, in the instance that Tie Bids cannot be determined by applying Florida Statute 287.087, Preference to Business 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 Specifications/Scope of Work. Bidder may be found non -responsive if such documents are not submitted in a timely manner and if the form required by the City. Where Bidder is found non -responsive, the City, through action taken by the Department of Procurement, will void its acceptance of the Bidder's Response and may accept the Response from the next lowest responsive, responsible Bidder most advantageous to the City or may re -solicit for the goods/services. The City, at its sole discretion, may seek monetary restitution from Bidder and/or its bid bond or guaranty, and/or similar security, if applicable, as a result of damages or increased costs sustained as a result of the Bidder's failure to satisfy the City's requirements. 1/19/2024 1:01 PM p. 16 City of Miami Solicitation IFB 1719386 1719386 D. The term of the Contract shall be specified in one of three documents which shall be issued to the Successful Bidder. These documents may either be, a Purchase Order, Notice of Award and/or Contract Award Sheet. E. The City reserves the right to automatically extend this Contract for up to one hundred eighty (180) 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 to extend is exercised, the City shall notify the Successful Bidder/Contractor, in writing, of its intent to extend the Contract in accordance with the existing terms and conditions for a specified number of days. Additional extensions beyond the first one hundred eighty (180) day extension may occur, if, the City and the Successful Bidder/Contractor are in mutual agreement of such extensions. F. Where the Contract involves a single shipment of goods to the City, the Contract term shall conclude upon completion of the expressed or implied warranty periods. G. The City reserves the right to award the Contract on a split -order, lump sum or individual -item basis, or such method of award in the best interest of the City, unless otherwise specified. H. Contract may be awarded to the Successful Bidder/Contractor by the City Commission based upon the minimum qualification requirements reflected herein. 1.11. BID BOND/ BID SECURITY - A cashier's or certified check issued by a bank authorized to transact banking business in Florida, or a Bid Bond/Bid Security signed by a surety company that is licensed to do business in the State of Florida, payable to the City of Miami, for the amount as specified in the bid, is required from all Bidders, if so indicated under the Special Conditions. This check or bond guarantees that a Bidder will accept the Contract, as bid, if it is awarded to Bidder. Bidder shall forfeit bid deposit to the City, should City award Contract to Bidder and Bidder fails to accept the award. The City reserves the right to reject any and all surety tendered to the City. Bid deposits are returned to unsuccessful Bidders within ten (10) days after the award and Successful Bidder's acceptance of award. If one hundred eighty (180) 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. BID SECURITY FORFEITED LIQUIDATED DAMAGES - Failure to execute a Contract and/or file an acceptable Performance Bond, when required, as provided herein, shall be just cause for the annulment of the award and the forfeiture of the Bid Bond/Bid Security to the City, which forfeiture shall be considered, not as a penalty, but in mitigation of damages sustained which cannot be determined at the time of award. Award may then be made to the next lowest responsive and responsible Bidder, or all Bid responses may be rejected. 1.13. BID RESPONSE FORM — All required forms in the Formal Solicitation should be completed, signed, and submitted accordingly through the BidSync Electronic Portal. 1.14. BRAND NAMES — If, and wherever in the specifications, brand names, makes, models, names of any manufacturers, trade names, or Bidder catalog numbers are specified, it is for the purpose of establishing the type, function, minimum standard of design, efficiency, grade, or quality of goods only. When the City does not desire to rule out other competitors' brands or makes, the phrase "APPROVED EQUAL" is added. Unless otherwise specified, any manufacturers' names, trade names, brand names, information or catalog numbers listed in a specification are descriptive, not restrictive, or exclusive. The Bidder shall provide any equipment that meets or exceeds the applicable specifications, including without limitation the following: Equal in every important attribute, to include industry quality measurable standard, quality of product, accessibility of distribution, durability/reliability/dependability and warranty, coverage, and eh delivery schedule. 1/19/2024 1:01 PM p. 17 City of Miami Solicitation IFB 1719386 1719386 When bidding an "APPROVED EQUAL", Bidders shall submit, with their response, complete sets of necessary data (e.gl, factory information sheets, specifications, brochures, etc.) in order for the City to evaluate and determine the equality of the item(s) bid. The Bidder shall demonstrate comparability, including appropriate catalog materials, literature, specifications, test data, etc. The City shall be the sole judge of equality and its decision shall be final. The City shall determine in its sole discretion, subject to the concurrence of the Project Manager whether goods are acceptable as an equivalent. 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, upon request of the City. If samples are requested by the City, such samples must be received by the City no later than seven (7) calendar days after a formal request is made. When "NO SUBSTITUTION" is used in conjunction with a manufacturer's name, brand name, and/or model number, that named item is the only item that will be accepted by the City in that particular instance. 1.15. CANCELLATION - The City reserves the right to cancel this Formal Solicitation before its opening/closing. In the event of cancellation, the Director of Procurement shall notify all prospective Bidders and provide a written explanation for the cancellation. There shall be no recourse against the City for a cancellation made in accordance with this Section. 1.16. CAPITAL EXPENDITURES — Successful Bidder/Contractor understands that any capital expenditures that the Successful Bidder/Contractor makes, or prepares to make, in order to deliver/perform the goods/services required by the City, is a business risk which the Successful Bidder/Contractor must assume. The City will not be obligated to reimburse amortized or unamortized capital expenditures, or to maintain the approved status of any Successful Bidder/Contractor. If Successful Bidder/Contractor has been unable to recoup its capital expenditures during the time it is rendering such goods/services, it shall not have any claim upon the City. 1.17. CITY NOT LIABLE FOR DELAYS - It is further expressly agreed that in no event shall the City be liable for, or responsible to, the Bidder, any subcontractor, 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, 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 Bid for the same goods/services, or with the City of Miami's Procurement Department or initiating department. The Bidder certifies that its response is fair, without control, collusion, fraud, or other illegal action. Bidder 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 — Successful Bidder/Contractor understands that contracts between private entities and local governments are subject to certain laws, codes, and regulations, including laws pertaining to public records, sunshine (open meetings), conflict of interest, ethics records keeping, etc. City and Successful Bidder/Contractor agree to comply with and observe all applicable laws, codes, regulations, and ordinances, and to secure all applicable public approvals and/or consents, of any governmental agency and/or owner of intellectual property rights as that may in any way affect the goods or services offered, including but not limited to: 1/19/2024 1:01 PM p. 18 City of Miami Solicitation IFB 1719386 1719386 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. L 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 218.70 and 218.79 on Prompt Payment Act. Lack of knowledge by the Successful Bidder/Contractor will in no way be a cause for relief from responsibility. Non- compliance with all applicable local, State, and Federal directives, orders, codes, rules, regulations, and laws may be considered grounds for termination of Contract at the option of the City Manager. 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 Formal Solicitation once 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 Formal Solicitations for the provision of goods and services for amounts greater than $200,000. The Cone of Silence prohibits any communication regarding Formal Solicitations between, among others: Potential vendors, service providers, bidders, lobbyists or consultants and the City's professional staff including, but not limited to, the City Manager and the City Manager's staff; the Mayor, City Commissioners, or their respective staffs. The provision does not apply to, among other communications: oral communications with the City Procurement 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 -bid conferences, 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 Formal Solicitation documents; or communications in connection with the collection of industry comments or the performance of market research regarding a particular Formal Solicitation by City Procurement staff. 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 City Clerk's office, which shall be made available to any person upon request. Written communications may be in the form of e-mail, or fax with a copy to the City Clerk's Office being required. 1/19/2024 1:01 PM p. 19 City of Miami Solicitation IFB 1719386 1719386 In addition to any other penalties provided by law, violation of the Cone of Silence by any Bidder shall render any award voidable. A violation by a particular Bidder, 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 Miami Dade County Commission on Ethics. 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's Office at 305-250-5360 or clerks@miamigov.com, to obtain a copy of same. 1.21. CONFIDENTIALITY - As a political subdivision, the City of Miami is subject to the Florida Government in the Sunshine (public Meetings) and Public Records Act. If this Contract 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, 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 or its employees must be disclosed in writing to the City. Further, Bidder shall 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 Bidders' firm. A. Bidder further agrees not to use or attempt to use any knowledge, property or resource which may be within his/her trust, or perform his/her duties, to secure a special privilege, benefit, or exemption for himself/herself, or others. Bidder may not disclose or use information not available to members of the general public and gained by reason of his/her position, except for information relating exclusively to governmental practices, for his/her personal, or benefit, or for the personal gain, or benefit of any other person, or business entity. B. Bidder hereby acknowledges that he/she has not contracted or transacted any business with the City or any person, or agency acting for the City, and has not appeared in representation of any third party before any board, Commission, or agency of the City within the past two years. Bidder further warrants that he/she 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 to immediate termination of any contract with the City, and 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 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 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 Bids to the City, or any work performed in connection therewith shall be borne by the Bidder. 1/19/2024 1:01 PM p. 20 City of Miami Solicitation IFB 1719386 1719386 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 (3) 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/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 non - responsibility. 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 aContract, provided that failure to perform caused by acts beyond the control of a party shall not be considered a basis for debarment/suspension. 5) Debarment/suspension of the Contractual Party by any federal, state or other governmental entity. 6) False certification pursuant to paragraph C below. 7) Found in violation of a zoning ordinance or any other city ordinance or regulation and for which the violation remains noncompliant. 8) Found in violation of a zoning ordinance or any other city ordinance or regulation and for which a 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 to a solicitation 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 be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and 1/19/2024 1:01 PM p. 21 City of Miami Solicitation IFB 1719386 1719386 may not transact business with any public entity. 1.27. DEFAULT/FAILURE TO PERFORM - The City shall be the sole judge of nonperformance, which shall include any failure on the part of the Successful Bidder/Contractor 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/Contractor to meet any terms of a Contract, the City will notify the Successful Bidder/Contractor of the default and will provide the Successful Bidder/Contractor three (3) days (weekends and holidays excluded) upon notification, by the City, to remedy the default. Failure by the Successful Bidder/Contractor to correct the default within the required three (3) days, shall result in the Contract being terminated upon the City notifying in writing the Successful Bidder/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/Contractor incapable of performing the work in accordance with and as required by the Contract. F. Failure to comply with any of the terms of the Contract in any material respect. All costs and charges incurred by the City as a result of a default, or a default incurred beyond the time limits stated, together with the cost of completing the work, shall be deducted from any monies due, or which may become due on this Contract to the Successful Bidder/Contractor. 1.28. DETERMINATION OF RESPONSIVENESS AND RESPONSIBILITY - Each Bid will be reviewed to determine if it is responsive to the submission requirements outlined in the Formal Solicitation. A. Responsive Bid 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 deed a Bid non -responsive. B . Determination of Responsibility. A Responsible Bidder shall mean a Bidder who has submitted a Bid and who has the capability, as determined under Section 18-95 of the City Code, in all respects to fully perform the Contract requirements, and the integrity and reliability of which give reasonable assurance of good faith and performance. 1) Bids will only be considered from any person or firm who are regularly engaged in the business of providing the good(s)/service(s) required by the Formal Solicitation. Bidder 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. 1/19/2024 1:01 PM p. 22 City of Miami Solicitation IFB 1719386 1719386 2) The City may consider any information available regarding the financial, technical, and other qualifications and abilities of a Bidder, including past performance (experience) with the City or any other governmental entity, in making the award. 3) The City may require the Bidder(s) to provide documentation 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. 1.29. DISCOUNTS OFFERED DURING TERM OF CONTRACT - Discount Prices offered in the Response shall be fixed after the award of a Contract 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/Contractor during the term of the Contract. Such discounts shall remain in effect for a minimum of one hundred and eighty (180) days from approval by the City Commission Any discounts offered by a manufacturer to Successful Bidder/Contractor will be passed on to the City. 1.30. DISCREPANCIES, ERRORS, AND OMISSIONS - Any discrepancies, errors, or ambiguities in the Formal Solicitation, or Addenda (as applicable), should be reported in writing to the City's Procurement Department. Should it be found necessary, a written Addendum will be incorporated in the Formal Solicitation and will become part of the Purchase Order (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 natural disaster or other emergency, or disaster situation, the Successful Bidder/Contractor shall provide the City with the commodities/services defined within the scope of this Formal Solicitation at the price contained within Bidder's response. Further, Successful Bidder/Contractor shall deliver/perform for the City on a priority basis during such times of emergency. 1.32. ENTIRE BID CONTRACT - The Bid Contract consists of any amendments to the Bid Contract, the Formal Solicitation, including any addenda, Bidder's Response and any written agreement entered into by the City of Miami and Successful Bidder/Contractor, and represents the entire understanding and agreement between the parties with respect to the subject matter hereof and supersedes all other negotiations, understanding, and representations, if any, made by and between the parties. To the extent that the Bid Contract conflicts with, modifies, alters or changes any of the terms and conditions contained in the Formal Solicitation and/or Bid, the Formal Solicitation, including any addenda, and then the Bid shall control. This Contract may be amended only by a written agreement signed by the City and Successful Bidder/Contractor. 1/19/2024 1:01 PM p. 23 City of Miami Solicitation IFB 1719386 1719386 1.33. ESTIMATED QUANTITIES — Estimated quantities or dollars are provided for the Bidder's guidance only: (a) estimates are based on the City's anticipated needs and/or usage during a previous contract period and; (b) the City may use these estimates to determine the low Bidder. Estimated quantities do not contemplate or include possible additional quantities that may be ordered by other government, quasi -government or non-profit entities utilizing this Contract. 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 the Contract. Said estimates may be used by the City for purposes of determining the low Bidder meeting specifications. The City reserves the right to acquire additional quantities at the prices bid or at lower prices in this Formal Solicitation. 1.34. EVALUATION OF RESPONSES - A. Rejection of Bids. The City may reject a Bid for any of the following reasons: 1) Bidder fails to acknowledge receipt of addenda; 2) Bidder misstates or conceals any material fact in the Bid; 3) Bid does not conform to the requirements of the Formal Solicitation; 4) Bid requires a conditional award that conflicts with the method of award; 5) Bid does not include required samples, certificates, licenses; and, 6) Bid was not executed by the Bidder's authorized agent. The foregoing is not an all-inclusive list of reasons for which a Bid may be rejected. The City may reject, and/or re - advertise for all or any portion of the Formal Solicitation, whenever it is deemed in the best interest of the City. B. Elimination From Consideration 1) A Bid 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 Bid 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 failed to deliver on time, under contracts of a similar nature. 3) A Bid Contract may not be awarded to any person or firm who has been debarred by the City, in accordance with the City's Debarment and Suspension Ordinance (Section 18-107) or is currently debarred by the State of Florida or any political subdivision or is on the convicted vendor's list per Section 287.133, Florida Statutes. 1.35. EXCEPTIONS TO GENERAL AND/OR SPECIAL CONDITIONS OR SPECIFICATIONS - Exceptions to the specifications shall be listed in the Bid and shall reference the applicable section. Any exceptions to the General and/or Special Conditions shall be cause for a Bid to be considered non -responsive. 1.36. Freight On Board (F.O.B.) DESTINATION - Unless otherwise specified in the Formal Solicitation, all prices quoted/proposed by the Bidder must be F.O.B. DESTINATION, inside delivery, with all delivery costs and charges included in the bid price, unless otherwise specified in this Formal Solicitation. Failure to do so may be cause for rejection of Bid. 1.37. FIRM PRICES - The Bidder warrants that prices, terms, and conditions quoted in its Bid will be firm throughout the duration of the Bid contract unless otherwise specified in the Formal Solicitation. Such prices will remain firm for the period of performance, or resulting purchase orders, or Bid contracts. 1/19/2024 1:01 PM p. 24 City of Miami Solicitation IFB 1719386 1719386 1.38. FLORIDA MINIMUM WAGE AND CITY OF MIAMI LIVING WAGE ORDINANCE — A. Florida Minimum Wage. In accordance with the Constitution of the State of Florida, Article X, Section 24, employers shall pay employee wages no less than the minimum wage for all hours worked in Florida. Accordingly, it is the Successful Bidder's/Contractor's and their subcontractor's responsibility to understand and comply with this Florida minimum wage requirement and pay its employees the current established hourly minimum wage rate. This minimum wage rate is subject to change or adjusted by the rate of inflation using the consumer price index ("CPI") 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. It is the Bidder's and their subcontractor's, (if applicable), full responsibility to determine whether any of their employees may be impacted by this Florida Minimum Wage Law, at any given point in time during the term of the Bid Contract. If impacted, Bidder must provide, with its bid, employee name(s), job title(s), job description(s), and current pay rate(s). Failure to submit this information at the time of bid submittal constitute successful Bidder's/Contractor's acknowledgement and understanding that the Florida Minimum Wage Law will not impact its prices throughout the term of Bid Contract and waiver of any contractual price increase request(s). The City reserves the right to request, and the Successful Bidder/Contractor must provide for any, and all information to make a wage and contractual price increase(s) determination B. City of Miami Living Wage Ordinance. The City of Miami adopted a Living Wage Ordinance for City Service Contracts with a total contract value exceeding $100,000 annually, and that have been competitively solicited and awarded on, or after Januaryl, 2017, by the City. "Service Contract" means a contract to provide services to the City, excluding, however, professional services as defined by the "Consultants Competitive Negotiation Act" set forth in F.S. § 287.055, and Section 18-87 of the City Code, and/or the other exclusions provided by Section 18-557 of the City Code. Section 18-557 is attached as Attachment A. Please see provision in Attachment A. If a solicitation requires services, effective on January 1, 2017, Contractors must pay to all its employees, who provide services, a living wage of no less than $15.00 per hour without health benefits; or a wage of no less than $13.19 an hour, with health benefits. This language is only a summary of the key provisions of the City of Miami Living Wage Ordinance. Please review Attachment A. attached hereto, for a complete and thorough description of the City of Miami Living Wage Ordinance. 1.39. GOVERNING LAW AND VENUE - The validity and effect of any Bid Contract as a result of this Formal Solicitation shall be governed by the laws of the State of Florida. The parties agree that any action, mediation, or arbitration arising out of the Bid Contract shall take place in Miami -Dade County, Florida. In any action or proceeding each party shall bear their own respective attorney's fees. 1.40. HEADINGS AND TERMS - The headings to the various paragraphs of the Bid 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 conditions hereof. 1.41. HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT (HIPPA) - Any person, firm, 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 1/19/2024 1:01 PM p. 25 City of Miami Solicitation IFB 1719386 1719386 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 and reasonable assurances that IIHI/PHI will be held confidential; E. Making PHI available to the customer; F. Making PHI available to the customer for review and amendment; and incorporating any amendments requested by the customer; G. Making PHI available to the City of Miami for an accounting of disclosures; and H. Making internal practices, books and records related to PHI available to the City of Miami for compliance audits. PHI shall maintain its protected status regardless of the form and method of transmission (i.e., paper records, and/or electronic transfer of data). The Successful Bidder/Contractor 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 — Successful Bidder/Contractor shall indemnify, hold and save harmless, and defend (at its own costs and expense) the City, its officers, agents, directors, and/or employees, from liabilities, damages, losses, judgements, and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness, negligent act or omission, or intentional wrongful misconduct of Successful Bidder/Contractor and persons employed or utilized by Successful Bidder/Contractor in the performance of this Contract. The Successful Bidder/Contractor shall further, hold the City, its officials and employees, indemnify, save and hold harmless for, and defend (at its own cost), the City its officials and/or 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. In the event that any action or proceeding is brought against the City by reason of any such claim or demand, the Successful Bidder/Contractor shall, upon written notice from City, resist and defend such action or proceeding by counsel satisfactory to City. The Successful Bidder/Contractor expressly understands and agrees that any insurance protection required by this Contract or otherwise provided by Successful Bidder/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 the Successful Bidder/Contractor to defend, at its own expense, to and through trial, administrative, appellate, supplemental or bankruptcy proceeding, or to provide for such defense, at City's option, any and all claims of liability and all suits and actions of every name and description which may be brought against City, whether performed by Successful Bidder/Contractor, or persons employed or utilized by the Successful Bidder/Contractor. These duties will survive the cancellation or expiration of the Contract. This Section will be interpreted under the laws of the State of Florida, including without limitation and interpretation, which conforms to the limitations of 725.06 and/or 725.08, Florida Statutes, as applicable and as amended. Successful Bidder/Contractor shall require all sub-consultants/contractor agreements to include a provision that each sub -contractor will indemnify the City in substantially the same language as this Section. The Successful Bidder/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 Successful Bidder/Contractor in which the City participated either through 1/19/2024 1:01 PM p. 26 City of Miami Solicitation IFB 1719386 1719386 review or concurrence of the Consultant's actions. In reviewing, approving, or rejecting any submissions by the Successful Bidder/Contractor or other acts of the Successful Bidder/Contractor, the City, in no way, assumes or shares any responsibility or liability of the Successful Bidder/Contractor or sub-consultant/contractor under this Contract. Ten dollars ($10) of the payments made by the City constitute separate, distinct, and independent consideration for the granting of this Indemnification, the receipt and sufficiency of which is voluntarily and knowingly acknowledged by the Successful Bidder/Contractor. 1.43 FORMATION AND DESCRIPTIVE LITERATURE — Bidders must furnish all information requested in the spaces provided in the Formal Solicitation. Further, as may be specified elsewhere, each Bidder 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 bid, or on file with the City, will not satisfy this provision. 1.44 INSPECTIONS - The City may, at reasonable times during the term of the Bid Contract, inspect Successful Bidder/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 Successful Bidder/Contractor, under the Bid Contract conform to the terms and conditions of the Formal Solicitation. Successful Bidder/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 18-101) City Code, as same may be amended or supplemented, from time to time, which, in conjunction with Section 18-102, providing for audits of City contractors, are applicable and are deemed as being incorporated by reference as supplemental terms. 1.45 INSPECTION OF BID - Bids 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 results will be tabulated and may be furnished upon request, via fax or e-mail, to the Procurement Contracting Officer, issuing the Formal Solicitation. Tabulations also are available on the City's Web Site following a recommendation for award. 1.46 INSURANCE - Within ten (10) days after receipt of Notice of Award, the Successful Bidder/Contractor, shall furnish evidence of insurance to the Procurement Department, as applicable. Submitted evidence of insurance shall demonstrate strict compliance with all requirements stipulated in the Special Conditions section titled "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 certificate of insurance is received within the specified time frame but not in the manner prescribed in the Formal Solicitation, the Successful Bidder/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 Successful Bidder/Contractor fails to submit the required insurance documents in the manner prescribed in the Formal Solicitation within fifteen (15) calendar days after receipt Notice of Award, the Successful Bidder/Contractor shall be in default of the contractual terms and conditions and will not be awarded the contract. Information regarding any insurance requirements shall be directed to the Risk Management Director, Department of Risk Management, at 444 SW 2nd Avenue, 9th Floor, Miami, Florida 33130, 305-416-1384. The Successful Bidder/Contractor shall be responsible for ensuring that the insurance documents required in conjunction with this Section remain in effect for the duration of the contractual period; including any renewals and extensions that may be exercised by the City. 1/19/2024 1:01 PM p. 27 City of Miami Solicitation IFB 1719386 1719386 1.47 INVOICES - Invoices submitted by Successful Bidder/Contractor to the City shall include the Purchase Order number and description 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- 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 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." 1.49 MANUFACTURER'S CERTIFICATION - The City reserves the right to request from Bidders aseparate Manufacturer's Certification of all statements made in the Bid. Failure to provide such certification may result in the rejection of Bid, or termination of Bid Contract, for which the Bidder/Successful Bidder/Contractor shall bear full liability. 1.50 MODIFICATIONS OR CHANGES IN PURCHASE ORDERS AND CONTRACTS - No Contract or understanding to modify the Formal Solicitation and resultant Purchase Order(s) or Bid Contracts, if applicable, shall be binding upon the City, unless made in writing by the City's Director of Procurement through the issuance of a change order, addendum, amendment, or supplement to the Bid Contract, Purchase Order, or award sheet, as applicable. 1.51 MOST FAVORED NATIONS — Successful Proposer shall not treat the City of Miami ("City") worse than any other similarly situated local government and, in this regard, grants the City a "most favored nations clause" meaning the City will be entitled to receive and be governed by the most favorable terms and conditions that Successful Bidder/Proposer grants now or in the future to a similarly situated local government. 1.52 NO PARTNERSHIP OR JOINT VENTURE - Nothing contained in the Bid Contract will be deemed or construed to create a partnership or joint venture between the City and Successful Bidder/Contractor, or to create any other similar relationship between the parties. 1.53 NONCONFORMANCE TO CONTRACT CONDITIONS - Items may be tested for compliance with specifications under the direction of the Florida Department of Agriculture and Consumer Services, or by other appropriate testing laboratories as determined by the City. The data derived from any test for compliance with specifications is public record, and open to examination thereto in accordance with Chapter 119, Florida Statutes. Items delivered, not conforming to specifications may be rejected, and returned at Successful Bidder's/Contractor's expense. These non -conforming items not delivered in accordance with the stipulated delivery date in the Bid and/or Purchase Order, may result in Successful Bidder/Contractor being found in default, in which event, any and all re - procurement costs may be charged against the defaulted Successful Bidder/Contractor. Any violation of the above stipulations may also result in the Successful Bidder/Contractor being removed from the City of Miami's supplier's list. 1/19/2024 1:01 PM p. 28 City of Miami Solicitation IFB 1719386 1719386 1.54. NONDISCRIMINATION, EQUAL EMPLOYMENT OPPORTUNITY, AND AMERICANS WITH DISABILITIES ACT — Successful Bidder/Proposer/Contractor shall not unlawfully discriminate against any person in its operations and activities or in its use or expenditure of funds in fulfilling its obligations under this Agreement. Successful Bidder/Proposer/Contractor shall affirmatively comply with all applicable provisions of the Americans with Disabilities Act (ADA) in the course of providing any services funded by City, including Titles I and II of the ADA (regarding nondiscrimination on the basis of disability), and all applicable regulations, guidelines, and standards In addition, Successful Bidder/Proposer/Contractor shall take affirmative steps to ensure nondiscrimination in employment against disabled persons. Successful Bidder/Proposer/Contractor affirms that it shall not discriminate as to race, age, religion, color, gender, gender identity, sexual orientation, national origin, marital status, physical or mental disability, political affiliation, or any other factor which cannot be lawfully used in connection with its performance under the Formal Solicitation. Furthermore, Successful Bidder/Proposer/Contractor affirms that no otherwise qualified individual shall solely by reason of their race, age, religion, color, gender, gender identity, sexual orientation, national origin, marital status, physical or mental disability, political affiliation, or any other factor which cannot be lawfully used, be excluded from the participation in, be denied benefits of, or be subjected to, discrimination under any program or activity. In connection with the conduct of its business, including performance of services and employment of personnel, Successful Bidder/Proposer/Contractor shall not discriminate against any person on the basis of race, age, religion, color, gender, gender identity, sexual orientation, national origin, marital status, physical or mental disability, political affiliation, or any other factor which cannot be lawfully used. All persons having appropriate qualifications shall be afforded equal opportunity for employment. 1.55 NON-EXCLUSIVE CONTRACT/ PIGGYBACK PROVISION - At such times as may serve in the City's best interest, the City reserves the right to advertise for, receive, and award additional contracts for these goods and/or services described herein, and to make use of other competitively bid (governmental) contracts, agreements, or other similar sources, for the purchase of these goods and/or services described herein, as may be available in accordance with the applicable provisions of the City of Miami Procurement Ordinance. It is hereby agreed and understood that the Formal Solicitation does not constitute the exclusive rights of the Successful Bidder(s)/Contractor(s) to receive all orders that may be generated by the City, in conjunction with the Formal Solicitation. In addition, any and all goods, and/or 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 the Formal Solicitation, unless such purchases are determined to be in the best interest of the City. 1.56 NOTICE REGARDING "CURES" — Bids submitted with irregularities, deficiencies, and/or technicalities that deviate from the minimum qualifications and submission requirements of Request for Qualifications (RFQ), Request for Proposals, (RFP), invitation to bid (ITB), invitation for bids (IFB), invitation to quote (ITQ), Requests for Letters of Interest (RFLI) and Request for Sponsorships (RFS) shall result in a non -responsive determination Any solicitation issued after May 6, 2019, shall comply with APM 2-19. APM 2-19 is attached hereto. Only minor irregularities, deficiencies, and technicalities may be allowed to be timely cured by the proposer at the sole discretion of the city. Material irregularities, deficiencies, and technicalities cannot be cured by the proposer, and are not waivable by the city. BIDS SUBMITTED WITH IRREGULARITIES, DEFICIENCIES, AND/OR TECHNICALITIES THAT DEVIATE FROM THE MINIMUM QUALIFICATIONS AND SUBMISSION REQUIREMENTS OF THIS IFB SHALL RESULT IN A NON -RESPONSIVE DETERMINATION. The City will not give consideration to 1/19/2024 1:01 PM p. 29 City of Miami Solicitation IFB 1719386 1719386 the curing of any Bids that fail to meet the minimum qualifications and submission requirements of this IFB. Proposer understands that non -responsive Bids will not be evaluated. 1.57 OCCUPATIONAL LICENSE/BUSINESS TAX RECEIPT - Any person, firm, corporation, or joint venture, with a business location in the City's municipal boundaries and is submitting a Bid under the Formal Solicitation shall meet the City's Business Tax Receipt requirements in accordance with Chapter 31.1, Article I of the City of Miami Charter. Others with a location outside the City's municipal boundaries shall meet their local Occupational License/Business Tax Receipt requirements. A copy of the Occupational License/Business Tax Receipt must be submitted with the Bid; however, the City may, at its sole discretion, and in its best interest, allow the Bidder to provide the Occupational License/Business Tax Receipt to the City during the evaluation period, but prior to award. A Certificate of Use ("CU") will be required if applicable under City regulations. 1.58 ONE PROPOSAL - Only one (1) Bid from an individual, firm, partnership, corporation, or joint venture will be considered in response to the Formal Solicitation, unless otherwise stipulated in the Formal Solicitation. 1.59 OWNERSHIP OF DOCUMENTS - It is understood by and between the parties, that any documents, records, files, or any other matter whatsoever, which is given by the City to the Successful Bidder/Contractor, pursuant to the Formal Solicitation shall at all times remain the property of the City and shall not be used by the Successful Bidder/Contractor for any other purposes whatsoever, without the written consent of the City. 1.60. PARTIAL INVALIDITY - If any provision of the Bid Contract or the application thereof, to any person or circumstance, shall to any extent be held invalid, then the remainder of the Bid 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 the Bid Contract shall be valid and enforced to the fullest extent permitted by law. 1.61. PERFORMANCE/PAYMENT BOND — A Successful Bidder/Contractor may be required to furnish a Performance/Payment Bond as part of the requirements of the Bid Contract, in an amount equal to one hundred percent (100%) of the Bid Contract price. Any bond furnished will comply with Florida Law and be in a form acceptable to the City of Miami Risk Management Director. 1.62. PREPARATION OF BIDS — Bidders are expected to examine the specifications, required delivery, drawings, and all special and general conditions. A. Each Bidder shall furnish the information required in the Formal Solicitation. The Bidder shall print type or manually enter all requested information, sign, and upload the Certification Statement. 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 shall include in their Bid all taxes, insurance, social security (if applicable), workmen's compensation, and any other benefits normally paid by the Bidder to its employees. If applicable, a unit price shall be entered in the "Unit Price" column for each item. Based upon estimated quantity, an extended price shall be entered in the "Extended Price" column for each item offered. In case of a discrepancy between the unit price and extended price, the unit price will prevail. C. The Bidder must state a definite time, if required, in calendar days for delivery of goods and/or services. D. The Bidder should retain a copy of all response documents for future reference. 1/19/2024 1:01 PM p. 30 City of Miami Solicitation IFB 1719386 1719386 E. All Bids, as described, must be fully completed, and typed, or printed in ink and must be signed in ink with the Bidder's name, and by an officer or employee having authority to represent the Bidder by their signature. Bids having any erasures or corrections, must be initialed in ink by person signing the Bid or the Bid may be rejected. F. Bids shall remain valid for at least 180 days. Upon award of a Bid Contract, the content of the Successful Bidder's/Contractor's Bid, may be included as part of the Bid Contract, at the City's discretion. G. The City's Bid Forms shall be used when Bidder is submitting its Bid. Use of any other forms will result in the rejection of the Bid. 1.63. PRICE ADJUSTMENTS — Any price decrease effectuated during the Bid Contract period, either by reason of market change, or on the part of the Successful Bidder/Contractor to other customers shall be passed on to the City. 1.64. PRODUCT SUBSTITUTES - In the event a particular awarded and approved manufacturer's product becomes unavailable during the term of the Bid Contract, the Successful Bidder/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. 1.65. CONFLICT OF INTEREST, AND UNETHICAL BUSINESS PRACTICE PROHIBITIONS — Successful Bidder/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 the Bid Contract and that the Successful Bidder/Contractor 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 the Bid Contract. 1.66. PROMPT PAYMENT — Bidders may offer a cash discount for prompt payment; however, discounts shall not be considered in determining the lowest net cost for Bid evaluation purposes. Bidders are required to provide their prompt payment terms in the space provided on the Formal Solicitation. If no prompt payment discount is being offered, the Bidder must enter zero (0) for the percentage discount to indicate no discount. If the Bidder fails to enter a percentage, it is understood and agreed that the terms shall be two percent (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 Bidder(s) during the term of the contract. The City will comply with the Florida Prompt Payment Act, as applicable. 1.67. PROPERTY - Property owned by the City is the responsibility of the City. Such property furnished to a Successful Bidder/Contractor for repair, modification, study, etc., shall remain the property of the City. Damages to such property occurring while in the possession of the Successful Bidder/Contractor shall be the responsibility of the Successful Bidder/Contractor. Damages occurring to such property while in route to the City, shall be the 1/19/2024 1:01 PM p. 31 City of Miami Solicitation IFB 1719386 1719386 responsibility of the Successful Bidder/Contractor. In the event that such property is destroyed, or declared a total loss, the Successful Bidder/Contractor shall be responsible for replacement value of the property, at the current market value, less depreciation of the property, if any. 1.68. PROVISIONS BINDING - Except as otherwise expressly provided in the resultant Bid Contract, all covenants, conditions, and provisions of the resultant Bid Contract, shall be binding upon, and shall inure to the benefit of the parties hereto and their respective heirs, legal representatives, successors and assigns. 1.69. 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: A. Submit a Bid to provide any goods or services to a public entity. B. Submit a Bid on a contract with a public entity for the construction or repair of a public building or public work. C. Submit responses on leases of real property to a public entity. D. Be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity. E. Transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. 1.70. PUBLIC RECORDS - Successful Bidder/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 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. Successful Bidder/Contractor shall additionally comply with the provisions of Section 119.0701, Florida Statutes, titled "Contracts; public records". Successful Bidder/Contractor's shall additionally comply with Section 119.0701, Florida Statutes, including without limitation: A. Keep and maintain public records that ordinarily and necessarily would be required by the City to perform this service. B. Provide the public with access to public records on the same terms and conditions as the City would at the cost provided by Chapter 119, Florida Statutes, or as otherwise provide by law. C. Ensure that public records that are exempt or confidential and exempt from disclosure are not disclosed except as authorized by law. D. Meet all requirements for retaining public records and transfer, at no cost, to the City all public records in its possession upon termination of this Agreement and destroy any duplicate public records that are exempt or confidential and exempt from disclosure requirements. E. All electronically stored public records must be provided to the City in a format compatible with the City's information technology system. IF THE CONSULTANT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONSULTANT'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT. CONTACT THE DIVISION OF PUBLIC RECORDS AT (305)416-1800, VIA EMAIL AT PUBLICRECORDS(d,MIAMIGOV.COM, OR REGULAR MAIL AT CITY OF MIAMI OFFICE OF THE CITY ATTORNEY, 444 SW 2`'H AVENUE, 9TH FLOOR, MIAMI, FL 33130. THE CONSULTANT MAY ALSO CONTACT THE RECORDS CUSTODIAN 1/19/2024 1:01 PM p. 32 City of Miami Solicitation IFB 1719386 1719386 AT THE CITY OF MIAMI DEPARTMENT WHO IS ADMINISTRERING THIS CONTRACT. Successful Bidder/Contractor's failure or refusal to comply with the provision of this Section shall result in the immediate cancellation of the Bid Contract by the City. 1.71. QUALITY OF GOODS, MATERIALS, SUPPLIES, AND PRODUCTS - All materials used in the manufacturing or construction of supplies, or materials, covered by the Formal Solicitation shall be new. The items bid shall be of the latest make or model, of the best quality, and of the highest grade of workmanship, unless as otherwise specified in the Formal Solicitation. 1.72. QUALITY OF WORK/SERVICES - The work/services performed shall 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 the Formal Solicitation. 1.73. REMEDIES PRIOR TO AWARD (Sec. 18-106) - If prior to a Bid Contract award, it is determined that a Formal Solicitation or proposed bid award is in violation of law, then the Formal Solicitation or proposed bid 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. 1.74. RESOLUTION OF CONTRACT DISPUTES (Section 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 disputes between the Successful Bidder/Contractor 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 disputes 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. 1.75. RESOLUTION OF PROTESTED SOLICITATIONS AND AWARDS (Section 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. a. Any prospective proposer who perceives itself aggrieved in connection with the solicitation of a contract may protest to the chief procurement officer. A written notice of intent to file a protest shall be filed with the chief procurement officer within three days after the request for proposals, request for qualifications or request for letters 1/19/2024 1:01 PM p. 33 City of Miami Solicitation IFB 1719386 1719386 of interest is published in a newspaper of general circulation. A notice of intent to file a protest is considered filed when received by the chief procurement officer; or b. Any prospective bidder who intends to contest the bid specifications or a bid solicitation may protest to the chief procurement officer. A written notice of intent to file a protest shall be filed with the chief procurement officer within three days after the bid solicitation is published in a newspaper of general circulation. A notice of intent to file a protest is considered filed when received by the chief procurement officer. (2) Protest ofAward. a. Any actual proposer who perceives itself aggrieved in connection with the recommended award of contract may protest to the chief procurement officer. A written notice of intent to file a protest shall be filed with the chief procurement officer within two days after receipt by the proposer of the notice of the city manager's recommendation for award of contract. The receipt by proposer of such notice shall be confirmed by the city by facsimile or electronic mail or U.S. mail, return receipt requested. A notice of intent to file a protest is considered filed when received by the chief procurement officer; or b. 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. c. A written protest based on any of the foregoing must be submitted to the chief procurement officer within five 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; hearing officer(s): Hearing officers appointed by the city shall have the authority, to resolve protests filed under this chapter of the City Code. The city manager shall appoint a hearing officer, from a separate list of potential hearing officers pre -approved by the city commission, to resolve protests filed in accordance with this section, no later than five working days following the filing of a bid protest. The hearing officer shall have the authority to settle and resolve any written protest. The hearing officer shall submit said decision to the protesting party and to the other persons specified within ten days after he/she holds a hearing under the protest. (1) Hearing officer. The hearing officer may be a special master as defined in chapter 2, article X, section 2-811 of the City Code, or a lawyer in good standing with the Florida Bar for a minimum of ten years with a preference given to a lawyer who has serviced as an appellate or trial court judge. The hearing officer may be appointed from alternative sources (e.g., expert consulting agreements, piggyback contract, etc.) where the city 1/19/2024 1:01 PM p. 34 City of Miami Solicitation IFB 1719386 1719386 commission adopts a recommendation of the city attorney that such action is necessary to achieve fairness in the proceedings. The engagement of hearing officers is excluded from the procurement ordinance as legal services. The hearing officers appointed in the pre -qualified group should be scheduled to hear protests on a rotational basis. (2) Right ofprotest. Any actual bidder or proposer who has standing under Florida law dissatisfied and aggrieved with the decision of the city regarding the protest of a solicitation or the protest of an award as set forth above in this section may request a protest hearing. Such a written request for a protest hearing must be initiated with a notice of intent to protest followed by an actual protest as provided in subsection 18-104 (a). The notice of intent to protest and the actual protest must each be timely received by the chief procurement officer and must comply with all requirements set forth in subsection 18-104(a). Failure to submit the required notice of intent to protest and the actual protest within the specified timeframes will result in an administrative dismissal of the protest. (3) Hearing date. Within 30 days of receipt of the notice of protest, the chief procurement officer shall schedule of hearing before a hearing officer, at which time the person protesting shall be given the opportunity to demonstrate why the decision of the city relative to the solicitation or the award, which may include a recommendation for award by the city manager to the city commission, as applicable, should be overturned. The party recommended for award, if it is a protest of award, shall have a right to intervene and be heard. (4) Hearing procedure. The procedure for any such hearing conducted under this article shall be as follows: a. The city shall cause to be served by certified mail a notice of hearing stating the time, date, and place of the hearing. The notice of hearing shall be send by certified mail, return receipt requested, to the mailing address of the protestor. b. The party, any intervenor, and the city shall each have the right to be represented by counsel, to call and examine witnesses, to introduce evidence, to examine opposing or rebuttal witnesses on any relevant matter related to the protest even though the matter was not covered in the direct examination, and to impeach any witness regardless of which party first called him/her to testify. The hearing officer may extend the deadline for completion of the protest hearing for good cause shows, but such an extension shall not exceed an additional five business days. The hearing officer shall consider the written protest and supporting documents and evidence appended thereto, supporting documents or evidence from any intervenor, and the decision or recommendation as to the solicitation or award being protested, as applicable. The protesting party, and any intervenor, must file all pertinent documents supporting his/her protest or motion to intervene at least five business days before the hearing, as applicable. The hearing officer shall allow a maximum of two hours for the protest presentation and a maximum of two hours for the city response. When there is an intervenor, a maximum of two hours will be added for the intervenor. In the event of multiple protests for the same project, the hearing officer shall allocate time as necessary to ensure that the hearing shall not exceed a total of one day. c. The hearing officer shall consider the evidence presented at the hearing. In any hearing before the hearing officer, irrelevant, immaterial, repetitious, scandalous, or frivolous evidence shall be excluded. All other evidence of a type commonly relied upon by reasonably prudent persons in the conduct of their affairs shall be admissible whether or not such evidence would be admissible in trial in the courts of Florida. The hearing officer may also require written summaries, proffers, affidavits, and other documents the hearing officer determines to be necessary to conclude the hearing and issue a final order within the time limits set forth by this section. d. The hearing officer shall determine whether procedural due process has been afforded, whether the essential requirements of law have been observed, and whether the decision was arbitrary, capricious, and abuse of discretion, or unsupported by substantial evidence as a whole. Substantial evidence means such relevant evidence as a reasonable mind might accept as adequate to support a conclusion. e. Within ten days from the date of the hearing, the hearing officer shall complete and submit to the City Manager, the City Attorney, any intervenor, the Chief Procurement Officer, and the person requesting said hearing 1/19/2024 1:01 PM p. 35 City of Miami Solicitation IFB 1719386 1719386 a final order consisting of his/her findings of fact and conclusions of law as to the denial or granting of the protest, as applicable. f. The decisions of the hearing officer are final in terms of city decisions relative to the protest. Any appeal from the decision of the hearing officer shall be in accordance with the Florida Rules of Appellate Procedure. (c) Compliance with filing requirements. Failure of a party to timely file either the notice of intent to file a protest or the written protest, together with the required filing fee as provided in subsection (f), with the chief procurement officer within the time provided in subsection (a), above, shall constitute a forfeiture of such party's right to file a protest pursuant to this section. The protesting party shall not be entitled to seek judicial relief without first having followed the procedure set forth in this section. (d) Stay of Procurements during protests. Upon receipt of a written protest filed pursuant to the requirements of this section, the city shall not proceed further with the solicitation or with the award of the contract until the protest is resolved by the chief procurement officer or the city commission as provided in subsection (b) above, unless the city manager makes a written determination that the solicitation process or the contract award must be continued without delay in order to avoid an immediate and serious danger to the public health, safety or welfare. (e) Costs. All costs accruing from a protest shall be assumed by the protestor. (f) Filing Fee. The written protest must be accompanied by a filing fee in the form of a money order or cashier's check payable to the city in an amount equal to one percent of the amount of the bid or proposed contract, or $5000.00, whichever is less, which filing fee shall guarantee the payment of all costs which may be adjudged against the protestor in any administrative or court proceeding. If a protest is upheld by the chief procurement officer and/or the city commission, as applicable, the filing fee shall be refunded to the protestor less any costs assessed 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. (Ord. No. 12271, § 2, 8-22-02; Ord. No. 13629, § 2, 9-8-16) 1.76. SAMPLES - Samples of items, when required, must be submitted within the time specified at no expense to the City. If not destroyed by testing, Bidder(s) will be notified by the City to remove such samples, at Bidder's expense, within 30 days after notification. Failure to remove the samples will result in the samples becoming the property of the City. 1.77. SELLING, TRANSFERRING OR ASSIGNING RESPONSIBILITIES — Successful Bidder/Contractor shall not sell, assign, transfer, or subcontract at any time during the term of the Contract, the Contract itself, or any portion thereof, or any part of its operations, or assign, sell, pledge, dispose, convey, or encumber any portion of the performance required by this Bid, 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. 1.78. SERVICE AND WARRANTY — When specified, the Bidder shall define all warranty, service, and replacements that will be provided. Bidders must explain on the Bid to what extent warranty and service facilities are available. A copy of the manufacturer's warranty, if applicable, should be submitted with Bidder's response. 1/19/2024 1:01 PM p. 36 City of Miami Solicitation IFB 1719386 1719386 1.79. SILENCE OF SPECIFICATIONS - The apparent silence of the scope of work/specifications, and any supplemental scope of work/specification as to any detail or the omission from it, of detailed description concerning any point, shall be regarded as meaning that only the best commercial practices are to prevail, and that only materials of first quality and correct type, size, and design are to be used. All workmanship and services shall be first quality. All interpretations of the scope of work/specifications shall be made upon the basis of this statement. If Bidder has a current contract with the State of Florida, Department of General Services, to supply the items on the Formal Solicitation, the Bidder shall quote not more than the contract price; failure to comply with this request will result in disqualification of Bid. 1.80. SUBMISSION AND RECEIPT OF BIDS - Electronic Bid submittals to this IFB are to be submitted through BidSync Electronic Bidding System ("BidSync") until the date and time as indicated in the Solicitation. The responsibility for submitting a Bid on/or before the stated closing time and date is solely and strictly the responsibility of the Bidder. The City will in no way be responsible for delays caused by technical difficulties or caused by any other occurrence. Electronic Bid submissions may require the uploading of electronic attachments. The submission of attachments containing embedded documents or proprietary file extensions is prohibited. All documents should be attached as individual files and labeled. Any Bids received and time stamped through BidSync, prior to the Bid submittal deadline, shall be accepted as a timely submittal and anything thereafter will be rejected. Additionally, BidSync will not allow for the electronic Bid submittal after the closing date and time has lapsed. Bids will be opened promptly at the time and date specified. All expenses involved with the preparation and submission of Bids to the City, or any work performed in connection therewith, shall be borne by the Bidder(s). Accordingly, Bidder(s): 1. Must register, free of charge, with BidSync Electronic Bidding System ("BidSync") to establish an account in order to have access to view and/or respond to any solicitations issued by the City of Miami's Procurement Department ("City"). 2. Shall submit all Bids electronically. Hard copy Bid submittals will not be accepted. NO EXCEPTIONS. 3. Must submit the Certification Statement and associated solicitation documents which define requirements of items and/or services to be purchased, and must be completed and submitted as outlined within the solicitation via BidSync . The use of any other forms and/or the modification of City forms will result in the rejection of the Bidder's Bid submittal. 4. Shall ensure that the Certification Statement is fully completed and provided with your Bid. Failure to comply with these requirements may cause the Bid to be rejected. 5. Must ensure that an n authorized agent of the Bidder's firm signs the Certification Statement and submits it electronically. FAILURE TO SIGN THE CERTIFICATION STATEMENT SHALL DEEM THE BID NON -RESPONSIVE. 6. May be considered non -responsive if Bids do not conform to the terms and conditions of this solicitation. 1.81. TAXES - The City is exempt from any taxes imposed by the State and/or Federal Government. Exemption certificates will be provided upon request. Notwithstanding, Bidders should be aware that all materials and supplies that are purchased by the Bidder for the completion of the Bid 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. 1/19/2024 1:01 PM p. 37 City of Miami Solicitation IFB 1719386 1719386 1.82. TERMINATION — The City Manager, on behalf of the City, reserves the right to terminate the Bid Contract by written notice to the Successful Bidder/Contractor effective as of the date specified in the notice, should any of the following apply: A. The Successful Bidder/Contractor is determined by the City, to be in breach of any of the terms and conditions of the Bid Contract. B. The City has determined that such termination will be in the best interest of the City, to terminate the Bid Contract for its own convenience; C. Funds are not available to cover the cost of the contracted goods and/or services. The City's obligation is contingent upon the availability of appropriate funds. 1.83. TERMS OF PAYMENT - Payment will be made by the City after the goods and/or services have been received, inspected, and found to comply with award specifications, free of damage, or defect, and properly invoiced. Payment will be made after delivery, within forty-five (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. 1.84. TIMELY DELIVERY - Time will be of the essence for any orders placed as a result of the Formal 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 in the Bid. Deliveries are to be made during regular City business hours, unless otherwise specified in the Special Conditions. 1.85. TITLE - Title to the goods shall not pass to the City until after the City has inspected and accepted the goods or used the goods, whichever comes first. 1.86. TRADE SECRETS EXECUTION TO PUBLIC RECORDS DISCLOSURE- All Bids 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 Bid 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 Bidder's name, the Formal Solicitation number, and title marked on the outside. Please be aware that the designation of an item as a trade secret by Bidder may be challenged in court by any person. By Bidder's designation of material in Bidder's Response as a "trade secret" Bidder agrees 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 Bidder's claim. 1.87. UNAUTHORIZED WORK OR DELIVERY OF GOODS- Neither the Successful Bidder/Contractor nor any of their employees shall perform any work, or deliver any goods, unless a change order or purchase order is issued and received by the Successful Bidder/Contractor. The Successful Bidder/Contractor will not be paid for any work performed, or goods delivered outside the scope of the Bid Contract, or any work performed by Successful Bidder's/Contractor's employee(s) not otherwise previously authorized. 1/19/2024 1:01 PM p. 38 City of Miami Solicitation IFB 1719386 1719386 1.88. 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 the Formal Solicitation shall be mentioned, or imply the name of the City, without prior express written permission from the City Manager, or the City Commission. 1.89. VARIATIONS OF SPECIFICATIONS - For purposes of the Formal Solicitation evaluation, Bidder(s) must indicate any variances from the Formal Solicitation scope of work/specifications and/or conditions, no matter how slight. If variations, are not stated on their Bid, it will be assumed that the product fully complies with the Formal Solicitation's scope of work/specifications. 1/19/2024 1:01 PM p. 39 City of Miami Solicitation IFB 1719386 1719386 2. Special Conditions 2.1. PURPOSE The purpose of this Solicitation is to establish a contract for the lease of a Marina forklift, as specified herein, from a source(s), fully compliant with the terms, conditions and stipulations of the Solicitation. 2.2. PRE -BID CONFERENCE A Virtual Voluntary Pre -Bid conference will be held on Thursday, December 28, 2023 at 10:00 A.M. via Teams Click here to join the meeting or via phone +1 786-598-2961, ID: 613 811 363#. A discussion of the requirements of the Solicitation will occur at that time. Each potential Bidder is required, prior to submitting a Bid, to acquaint itself thoroughly with any and all conditions and/or requirements that may in any manner affect the work to be performed. All questions and answers affecting the scope of work/specifications of the IFB will be included in an addendum, that will be distributed through BidSync, following the Pre -Bid Conference to all the attendees. Because the City considers the Pre -Bid Conference to be critical to understanding the Solicitation requirements, attendance is highly recommended. 2.3. DEADLINE FOR RECEIPT OF REQUEST FOR ADDITIONAL INFORMATION/CLARIFICATION Any questions or clarifications concerning this solicitation shall be submitted electronically via the Bidsync Portal. All questions must be received no later than Monday, January 8, 2024, at 5:00 P.M. All responses to questions will be sent to all prospective bidders/proposers in the form of an addendum. NO QUESTIONS WILL BE RECEIVED VERBALLY OR AFTER SAID DEADLINE. 2.4. TERM OF CONTRACT The Contract shall commence upon the date of notice of award and shall be effective for three (3) years, subject to the availability of funds for succeeding fiscal years. Continuation of the contract beyond the initial period is a City prerogative; not a right of the Bidder. This prerogative will be exercised only when such continuation is clearly in the best interest of the City. 2.5. METHOD OF AWARD Award of this contract will be made to the lowest responsive and responsible Bidder who meets Specifications, herein. 2.6. COUNTERPARTS The Marina Forklift Lease Agreement resulting from this solicitation may be executed in counterparts, each of which shall be an original as against either Party whose signature appears thereon, but all of which taken together shall constitute but one (1) and the same instrument. An executed facsimile or electronic scanned copy of this Agreement shall have the same force and effect as an original. The parties shall be entitled to sign and transmit an electronic signature on this Agreement (whether by facsimile, PDF or other email transmission), which signature shall be binding on the party whose name is contained therein. Any party providing an electronic signature agrees to promptly execute and deliver to the other parties an original signed Agreement upon request. 2.7. BIDDER'S MINIMUM QUALIFICATION REQUIREMENTS Bids will only be considered from firms that are regularly engaged in the business of providing goods/services, for a minimum of three (3) years, described herein. The Bidders shall: 1. Be in good standing with the State of Florida Division of Corporation at the time of Bid submittal; 2. Be an authorized Wiggins Marina Bull Forklift (Wiggins) dealer in the State of Florida, and provide 1/19/2024 1:01 PM p. 40 City of Miami Solicitation IFB 1719386 1719386 documentation from Wiggins that states the same. This can be satisfied by providing a copy of the executed Dealer and Service Agreement, a letter from the manufacturer, a designation on the manufacturer's website, or any other verifiable document. A copy of said documentation must be submitted with the Bid submittal; 3. Submit a sample copy of its Dealer's Lease which reflects the terms and conditions for legal review by the City Attorney's Office. In the event that the City and the Successful Bidder are unable to negotiate agreeable terms, the City reserves the right to reject the Bid and negotiate terms with the next lowest responsive and responsible Bidder. The following list of terms and conditions will need to be included in the City's Supplemental Agreement and not negotiable: Public Records, Prompt Payment Act (add State statute), Indemnification, Insurance Requirements, Governing Law and Venue, Compliance with Federal, State, and Local Laws, and Counterparts; 4. Submit signed Certification Statement and Certification Section; 5. Submit three (3) references, for your firm, for projects within the past three (3) years in the Certification Section; 6. Have never filed for bankruptcy, be in sound financial condition, have no record of civil litigation or pending lawsuits involving criminal activities or a moral turpitude, and shall not have conflicts of interest with the City; and 7. Not have any member, principal, officer, or stockholder who is in arrears or in default of any debt or contract involving the City, is a defaulter or surety upon any obligation to the City, and/or has failed to perform faithfully any contract with the City. Notes: 1. Copies of documentation from Wiggins, sample copy of Dealer's lease, signed Certification Statement and Certification Section with references shall be submitted with your bid submittal; and 2. Failure to submit the documentation from Wiggins, sample copy of Dealer's lease, signed Certification Statement and Certification Section with references, with your bid submittal shall render your bid non -responsive. 2.8. REFERENCES Each bid must be accompanied by a list of three (3) references, in the Certification Statement, which shall include the name of the company, dates of contract, description of goods supplied, contact person, telephone number, and email address. The Bidder may only use one (1) department as a reference from each entity. This is reflected in the Certification Section of this solicitation. NO BID WILL BE CONSIDERED WITHOUT THIS LIST. Failure to provide three (3) references at the time of Bid submittal shall deem the Bidder non -responsive. 2.9. 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 it has implemented a drug -free workplace program shall be given preference in the award process. Established procedures for processing tie Bids will be followed if none of the tied vendors have a drug -free workplace program. In order to have a drug -free workplace program, a business shall: (1) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the action that will be taken against employees for violations of such prohibition. (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. 1/19/2024 1:01 PM p. 41 City of Miami Solicitation IFB 1719386 1719386 (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. 2.10. INSURANCE REQUIREMENTS INDEMNIFCATION Successful Bidder shall indemnify, hold and save harmless, and defend (at its own cost and expense), the City, its officers, agents, directors, and/or employees, from all liabilities, damages, losses, judgements, and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness, negligent act or omission, or intentional wrongful misconduct of Successful Bidder and persons employed or utilized by Successful Bidder in the performance of this Contract. Successful Bidder shall further, hold the City, its officials and employees, indemnify, save and hold harmless for, and defend (at its own cost), the City its officials and/or 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. In the event that any action or proceeding is brought against the City by reason of any such claim or demand, the Successful Bidder shall, upon written notice from the City, resist and defend such action or proceeding by counsel satisfactory to the City. The Successful Bidder expressly understands and agrees that any insurance protection required by this Contract or otherwise provided by the Successful Bidder 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 the Successful Bidder to defend, at its own expense, to and through trial, administrative, appellate, supplemental or bankruptcy proceeding, or to provide for such defense, at the City's option, any and all claims of liability and all suits and actions of every name and description which may be brought against the City, whether performed by the Successful Bidder, or persons employed or utilized by Successful Bidder. These duties will survive the cancellation or expiration of the Contract. This Section will be interpreted under the laws of the State of Florida, including without limitation and interpretation, which conforms to the limitations of Sections 725.06 and/or 725.08, Florida Statutes, as applicable and as amended. Successful Bidder shall require all sub -contractor agreements to include a provision that each sub -contractor will indemnify the City in substantially the same language as this Section. The Successful Bidder 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 Successful Bidder in which the City participated either through review or concurrence of the Successful Bidder's actions. In reviewing, approving or rejecting any submissions by the Successful Bidder or other acts of the Successful Bidder, the City, in no way, assumes or shares any responsibility or liability of the Successful Bidder or sub -contractor under this Contract. Ten dollars ($10) of the payments made by the City constitute separate, distinct, and independent consideration for the granting of this Indemnification, the receipt and sufficiency of which is voluntarily and knowingly acknowledged by the Successful Bidder. Please see attached Insurance Addendum for insurance definitions, requirements, and conditions. 1/19/2024 1:01 PM p. 42 City of Miami Solicitation IFB 1719386 1719386 The Successful Bidder(s) shall furnish to City of Miami, c/o Procurement 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 Limits of Liability State of Florida Waiver of Subrogation Employer's Liability 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 (2) Commercial General Liability: A. Limits of Liability Bodily Injury and Property Damage Liability — Each Occurrence: General Aggregate Limit: Personal and Adv. Injury: $1,000,000 $2,000.000 $1,000,000 Products/Completed Operations: $1,000,000 B. Endorsements Required: City of Miami included as an Additional insured. Contingent and Contractual Liability Primary Insurance Clause Endorsement Premises and Operations Liability (3) Business Automobile Liability A. Limits of Liability Bodily injury and property damage liability combined single limits. Owned/Scheduled Autos Including Hired, Borrowed or Non -Owned Autos Any one Accident: $1,000,000 1/19/2024 1:01 PM p. 43 City of Miami Solicitation IFB 1719386 B. Endorsements Required: City of Miami included as an Additional Insured (4) Umbrella Liability Combined Single Limit Each Occurrence General Aggregate Limit $3,000,000 $3,000,000 1719386 City of Miami listed as additional insured. Coverage is excess over the general liability and auto policies. BINDERS ARE UNACCEPTABLE. 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. The insurance coverage required shall include those classifications, as listed in standard liability insurance manuals, which most nearly reflect the operations of the Successful 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 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 Successful 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 Successful 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 for Bid. (5) The City may, at its sole discretion, terminate this contract for cause and seek re -procurement damages from the Successful Bidder in conjunction with the General and Special Terms and Conditions of the Bid. The Successful 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 Successful Bidder. 1/19/2024 1:01 PM p. 44 City of Miami Solicitation IFB 1719386 1719386 2.11. LOCAL OFFICE PREFERENCE Proposers/Bidders wishing to apply for the local office preference shall comply with the General Terms and Conditions, Section 1.48 Local Preference of this solicitation and with Section 18-73 of the City of Miami Procurement Code, titled "Definitions", and shall submit with the Proposal or Bid at the time of the Proposal/Bid due date the following: • Completion and submission of the attached City of Miami Local Office Certification Form; • Submission of a copy of the Proposer's lease documents at the location being deemed a City of Miami Local Office; • Submission of a City of Miami Business Tax Receipt; • Submission of a Miami Dade County Business Tax Receipt; and • Submission of a copy of the license, certificate of competency, and certificate of use that authorizes the performance of the Proposer/Bidder. 2.12. PUBLIC ENTITY CRIMES To be eligible for award of a contract, firms wishing to do business with the City must comply with Section 287.133 (2)(a) of the Florida Statutes, which provides that 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 Proposal on a contract to provide any goods or services to a public entity, may not submit a Proposal on a contract with a public entity for the construction or repair of a public building or public work, may not submit Proposals on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017 of the Florida Statutes, for CAfLGORY TWO, as defined by Section 287.017(2) of the Florida Statutes, for a period of thirty-six (36) months from the date of being placed on the convicted vendor list. 2.13. CITY OF MIAMI LIVING WAGE ORDINANCE The City of Miami adopted a Living Wage Ordinance for City Service Contracts with a total contract value exceeding $100,000 annually, and that have been competitively solicited and awarded on, or after January 1, 2017 by the City. "Service Contract" means a contract to provide services to the City, excluding, however, professional services as defined by the "Consultants Competitive Negotiation Act" set forth in F.S. § 287.055, and Section 18-87 of the City Code, and/or the other exclusions provided by Section 18-557 of the City Code. Section 18-557 is attached as Attachment A. Please see provisions in Attachment A. If a solicitation requires services, effective on January 1, 2017, contractors must pay to all its employees, who provide services, a living wage of no less than $15.00 per hour without health benefits; or a wage of no less than $13.19 an hour, with health benefits. This language is only a summary of the key provisions of the City of Miami Living Wage Ordinance. Please review Attachment A, attached hereto, for a complete and thorough description of the City of Miami Living Wage Ordinance. 2.14. CURES Please refer to Section 1.56, Notice Regarding Cures of the General Terms and Conditions of this solicitation. 2.15. SUBMISSION OF RECEIPT OF BIDS Please refer to Section 1.80, Submission and Receipt of Bids of the General Terms and Conditions of this solicitation. 1/19/2024 1:01 PM p. 45 City of Miami Solicitation IFB 1719386 1719386 2.16. FORCE MAJEURE Successful Bidder shall not be liable for any failure or delay in the performance of this Contract for the period that such failure or delay is due to causes beyond its reasonable control, including but not limited to act of God, war, strikes or labor disputes, embargos, government orders or any other force majeure event. 2.17. PRODUCT INFORMATION All Bidders must submit forklift information on the forklift they propose to furnish on this bid. Any bid received not containing this information may be rejected for that reason. If product shown in this bid are incorrect or obsolete, it is the responsibility of the vendor to update or advise the City of this problem. The City will issue an addendum to correct and update product, when applicable. The product the Bidders show on their bid is the one the City will expect to receive. 2.18. COMPLETE PROJECT REQUIRED The scope of these specifications is to ensure the delivery of complete unit, ready for operation. Omission of any essential detail from these specifications does not relieve the supplier from furnishing a complete working unit to the satisfaction of the City of Miami 2.19. EMERGENCY SERVICE/CONTACT The Successful Bidder shall provide the City with evening, weekend, and holiday service, as necessary, to manage an emergency situation which threatens public health and safety, as determined by the City. The Successful Bidder shall be immediately available via a twenty-four (24) hour, seven (7) day per week phone service. It is expected that non- scheduled requests for service (emergency calls, etc.) shall be responded to within four (4) hours after the call is placed to the service or directly to the Successful Bidder. The Successful Bidder shall ensure that the Project Manager, designee, or facility liaison has the cell phone and the home phone number of all employees assigned, or who would be called to the facility, and the designated employees shall be directed to respond to direct calls from the Project Manager, designee, or facility liaison, their representative, or other designated individual(s). 2.20. PROJECT MANAGER Upon award, the Successful Bidder shall report and work directly with_Donald Lutton or designee, who shall be designated as the Project Manager. 2.21. PARTS AT PASS -THROUGH COST All costs for parts required for repair jobs shall be billed at the Successful Bidder's actual cost, and will be passed on to the City without markup or any additional fees. Successful Bidder shall submit a purchase receipt for parts along with the labor invoice for payment. The Successful Bidder shall be responsible for sourcing all parts necessary to complete the work requirements of each job specification. Replacement parts furnished must be of the same manufacturer or an equal product. All equipment and materials shall be commercial quality and grade and be from a regular product line. Prototype, obsolete, and residential quality/grade equipment/materials shall not be specified or installed in the facilities. All parts installed and materials used in performance of this Contract shall be new and unused (of current design and manufacture). Salvage materials will not be allowed without the express consent of the Project Manager or designee. All materials and workmanship shall be of the highest quality and shall conform to all applicable building codes, so as to ensure safe and functional operation. The City shall be the sole judge as to parts and workmanship. 1/19/2024 1:01 PM p. 46 City of Miami Solicitation IFB 1719386 1719386 2.22. WARRANTY, FITNESS FOR PURPOSE The Successful Bidder warrants items supplied under this contract conform to specifications herein and are fit for the purpose for which such goods are ordinarily employed; except if stated in a Special Condition, the material must be fit for that particular purpose. The Successful Bidder and the City agree that orders under this contract do not exclude, or in any way limit, other warranties, provided in this agreement or by law. 2.23. NO SUBSTITUTIONS When No Substitution is used in combination with a manufacturer's name, brand name and/or model number that named item is the only item that will be accepted by the City. 2.24. LABOR, SUPERVISION, AND EQUIPMENT The Successful Bidder shall furnish, at their own expense, all labor, supervision, supplies, and 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 which shall be properly maintained and in use at all 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 items that are deemed by the City as unsafe, or which may create an uncomfortable environment and/or service to City employees or patrons. Successful Bidder shall be solely responsible for the equipment used in this Contract. The City will not provide any storage facilities for said equipment or supplies. 2.25. NON -APPROPRIATION OF FUNDS In the event no funds or insufficient funds are appropriated and budgeted or are otherwise unavailable in any fiscal period for payments due under this contract, then the City, upon written notice to Successful Bidder or his 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(s). 2.26. FAILURE TO PERFORM Should it not be possible to reach the Successful Bidder and/or should remedial action not be taken within forty-eight (48) hours of any failure to perform according to specifications, the City reserves the right to declare Successful Bidder in default of the contract or make appropriate reductions in the contract payment. 2.27. METHOD OF PAYMENT Payment is due every month for thirty-six (36) months. 2.28. DELAYS The Successful Bidder shall notify the City's Project Manager or designee, of any actual or potential delays. 2.29. DELIVERY The Successful Bidder shall specify the estimated delivery time (in calendar days) for the forklift. Point of Destination. Forklift shall be delivered F.O.B. Miami, inside the premises to the following location: City of Miami Marine Stadium Marina 1/19/2024 1:01 PM p. 47 City of Miami Solicitation IFB 1719386 1719386 2.30. MATERIALS SHALL BE NEW AND WARRANTED AGAINST DEFECTS Successful Bidder hereby acknowledges and agrees that all materials/products, except where recycled content is specifically requested, supplied by the Successful Bidder in conjunction with this Bid shall be new, warranted for their merchantability, and fit for a particular purpose. In the event any of the materials/products supplied to the City by the Successful Bidder are found to be defective or do not conform to specifications, the City reserves the right to cancel the order and return such materials/products to the Successful Bidder to replace the materials/products at the Successful Bidder's expense. 2.31. LIQUIDATED DAMAGES Failure to complete the project in accordance with the specifications and to the satisfaction of the City within the time stated, shall result in liquidated damages being assessed. The Successful Bidder shall be subject to an assessment of liquidated damages in the amount of 100.00 for each and every calendar day the work remains incomplete (not to exceed the total amount of the contract), as compensation due to the City for loss of use and for additional costs incurred by the City due to such noncompletion of the work. The City shall have the right to deduct said liquidated damages from any amount due or that may become due to the Successful Bidder under this agreement or to invoice the Successful Bidder for such damages if the costs incurred exceed the amount due to the Successful Bidder. 2.32. ADDITIONS/DELETIONS OF FACILITIES/PRODUCTS/ITEMS/SERVICES/SUPPLIERS Although this Solicitation identifies specific facilities/products/items/services/suppliers, it is hereby agreed and understood that any facility/product/item/service/supplier may be added/deleted to/from this contract at the option of the City. When an additional facility/product/item/service to the contract is required, the Successful Bidder shall be invited to submit price quotes for these new facility/product/item/service. If the prices are competitive or not carried, the City maintains the right to add additional suppliers for the Contract to carry those items required. If these quotes are comparable with market prices offered for similar facilities/products/items/services, 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. 2.33. 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. 2.34. E-VERIFY EMPLOYMENT VERIFICATION Successful Bidder shall E-Verify the employment status of all employees and subcontractors to the extent required by federal, state, and local laws, rules, and regulations. The City shall consider the employment by any Successful Bidder of unauthorized aliens a violation of Section 274A(e) of the Immigration and Nationality Act. If the Successful Bidder knowingly employs unauthorized aliens, such violation shall be cause for termination of the Contract. Furthermore, the Successful Bidder agrees to utilize the U.S. Agency of Homeland Security's E-Verify System, https://e-verify.uscis.gov/emp , to verify the employment eligibility of all employees during the term of this Contract. The Successful Bidder shall also include a requirement in subcontracts that the subcontractor shall also utilize the E-Verify System to verify the employment eligibility of all employees of the subcontractor during the term of this Contract. 1/19/2024 1:01 PM p. 48 City of Miami Solicitation IFB 1719386 1719386 2.35. TERMINATION A. FOR DEFAULT If Successful Bidder defaults in its performance under this Contract and does not cure the default within thirty (30) days after written notice of default, the City Manager may terminate this Contract, in whole or in part, upon written notice without penalty to the City of Miami In such event the Successful Bidder(s) shall be liable for damages including the excess cost of procuring similar supplies or services: provided that if, (1) it is determined for any reason that the Successful Bidder 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 thirty (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. 2.36. ADDITIONAL TERMS AND CONDITIONS No additional terms and conditions included as part of your 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, price lists or warranties, it is understood and agreed that the General Conditions and Special Conditions in this solicitation are the only conditions applicable to this solicitation and that the bidder's authorized signature affixed to the bidder's acknowledgment form attests to this. 1/19/2024 1:01 PM p. 49 City of Miami Solicitation IFB 1719386 1719386 3. Specifications 3.1. SPECIFICATIONS/SCOPE OF WORK The purpose of this solicitation is to establish a contract with a responsive and responsible Bidder for the leasing of a Wiggins Marina forklift as specified in Attachment C — Forklift Specifications, for thirty-six (36) months and two thousand (2000) hours of use annually The lease includes, but not limited to, maintenance and repairs, inclusive of one (1) mechanic that shall inspect and grease the machine monthly. The following wear items are excluded and shall be billed pursuant to Section 2.21 Parts at Pass Through: hoses, fork covers, tires, other items, and customer damage (labor to be included). PLEASE REFER AND ADHERE CLOSELY TO ATTACHMENT C - FORKLIFT SPECIFICATIONS (NO SUBSTITUTION). MAINTENANCE (ON AN AS NEEDED BASIS) Successful Bidder shall: 1. Perform chain maintenance and grease; 2. Check and change oil, brake fluid, and radiator fluid; 3. Dispose of all debris off site; and 4. Leave forklift in ready for use conditions. Notes: 1. The City shall be responsible for daily freshwater rinsing; 2. After the original lease of thirty-six (36) months, there will be an exchange of equipment (the City will issue a new IFB); 3. Additional work outside the scope of work shall be reported to the Project Manager prior to commencement. No work shall be completed without the written approval of the Project Manager or Designee. ***Note: LICENSES AND PERMITS: Services performed for the City will require licenses and permits in the same manner as private construction projects within the City. The Successful Bidder(s) shall secure, at their expense, all licenses and permits and shall fully comply with all applicable laws, regulations and codes as required by the State of Florida, county, or local ordinances. The Successful Bidder must fully comply with all federal and state laws, county and municipal ordinances, and regulations in any manner affecting the prosecution of the work. Any fines or penalties to the Successful Bidder shall be paid at the Successful Bidder's expense. 1/19/2024 1:01 PM p. 50 City of Miami Solicitation IFB 1719386 ATTACHMENT A CITY OF MIAMI LIVING WAGE ORDINANCE ARTICLE X. - LIVING WAGE REQUIREMENTS FOR SERVICE CONTRACTS AND CITY EMPLOYEES[9] Footnotes: --- (9) --- ',A e— Section 5 of Ord. No. 12787 states that this article shall be effective October 1, 2006. Editor's note— Prior to the adoption of Ord. No. 12787, Ord. No. 12623, § 2, adopted December 9, 2004, repealed article X, divisions 1-4, in its entirety, which pertained to the economic development financing authority and derived from Ord. No. 12062, § 3, adopted May 10, 2001. Sec. 18-556. - Definitions. City means the government of the City of Miami or any authorized agents, any board, agency, commission, department, or other entity thereof, or any successor thereto. Contract means any contract to provide services to the city in which the total value of the contract exceeds $100,000.00 per year. Contractor means any "for profit" individual, business entity, corporation, partnership, limited liability company, joint venture, or similar business entity which meets the following criteria: (1) The contractor is paid in whole or part from one or more of the city's general funds, capital project funds, special revenue funds, or any other funds, including, but not limited to, grants, donations, and the like, whether by competitive bid process, requests for proposals, or some other form of competitive solicitation, negotiation, or agreement, or any other decision to enter into a contract; and (2) The contractor is engaged in the business of or part of a contract to provide services for the benefit of the city. This section shall apply to employees of the contractor who spend the majority of their time on covered City of Miami service contracts. If the contract is for both goods and services it shall only apply to the services portion of such contract. This section shall not apply to contracts which are primarily for the sale or leasing of goods. Goods are defined in section 18-73 of the City Code. Covered employee means anyone employed by the city working more than 35 hours per week or any service contractor employee, working full or part-time, with or without benefits, that is involved in providing services under the service contractor's contract with the city. Covered employer means the city and any and all service contractors and subcontractors of a service contractor. Living wage means a wage that is as defined in section 18-557 of this Code. The living wage may be adjusted once annually by an amount equivalent to the cost of living adjustment for Miami -Dade County as published by the United States Department of Labor, Bureau of Labor Statistics. Language so stating will be included in all request for proposals, or other competitive solicitation documents, issued by the city for the procurement of services (unless the living wage provisions are excluded as provided in section 18-557 herein). New service contracts means those having contracts competitively solicited and awarded on or after January 1, 2017. Page 1 1/19/2024 1:01 PM p. 51 City of Miami Solicitation IFB 1719386 Service contract means a contract to provide services to the city excluding, however, professional services as defined by the "Consultants Competitive Negotiation Act" set forth in F.S. § 287.055, and section 18-87 of the City Code and/or the other exclusions provided by section 18-557 of the City Code. (Ord. No. 12787, § 2, 4-6-06; Ord. No. 13648, § 2, 11-17-16) Sec. 18-557. - Living wage. (a) Living wage paid. (1) New service contractors. All new service contracts shall pay to all its employees who provide covered services a living wage of no less than $15.00 per hour without health benefits; or a wage of no less than $13.19 an hour with health benefits as defined in this section unless otherwise excluded pursuant to this article. (2) Existing service contracts. Service contracts awarded and effective or competitively solicited prior to January 1, 2017, shall not be subject to the payment of the living wage set forth in this section and shall continue to be governed by the terms and conditions of the respective solicitation and resulting contractual documents, when applicable. The living wage provisions shall apply to all contracts covered by this section unless specifically excluded by one or more subsections below: a. The living wage provision is disallowed by a federal or state law or regulation, grant requirements, or by a contract the city is accessing by "piggybacking", and which contract does not include a living wage provision; b. Funding sources for the contract disallow the living wage provision or provide contradictory funding requirements, or are contained in a contract awarded or solicited prior to the effective date of January 1, 2017, and which contract includes renewals or extensions; c. Professional service contracts awarded under the "Consultants Competitive Negotiation Act", F.S. § 287.055, for the professional services within the scope of the practice of architecture, professional engineering, landscape architecture, registered surveying, and/or mapping; d. The living wage provision is waived by the city commission by resolution, prior to issuance of the competitive solicitation document, upon written recommendation of the city manager or authorized designee, when the city commission finds it is in the best interest(s) of the city to approve such waiver, in which case the living wage provision shall not apply in the competitive solicitation document; or e. All responsible wage construction contracts covered by section 18-120 of this Code. (4) City employees. For covered employees of the city, the city will begin to pay the living wage on a phase - in basis over a nine-year period beginning with the 2006-2007 city budget year to be implemented in the 2014-2015 fiscal year. The city manager, in his sole discretion, without further city commission approval, shall have the option to consider whether it is in the city's best interest to complete the phase -in payment of living wage to city employees on a four-year period. Thereafter, the living wage to be paid by the city shall be subject to negotiations within the collective bargaining structure. (b) Health benefits; eligibility period. For a covered employer to comply with this article by choosing to pay the lower wage scale available when a covered employer also provides a standard health benefit plan, such health benefit plan shall consist of a payment of at least $1.81 per hour toward the provision of health benefits for covered employees and their dependents and shall be approved by the city. If the health benefit plan of the covered employer requires an initial period of employment for a new employee to be eligible for health benefits (the "eligibility period"), a covered employer may qualify to pay the $13.19 per hour wage scale for a term not to exceed the new employee's eligibility period, provided the new employee will be paid health benefits upon completion of the eligibility period, which period shall not exceed 90 days. (c) Certification required before payment. Any and all service contracts subject to this article shall be void, and no funds may be released, unless prior to entering any such contract with the city, the service contractor certifies to the city that it will pay each of its covered employees no less than the living wage. A copy of this Page 2 (3) 1/19/2024 1:01 PM p. 52 City of Miami Solicitation IFB 1719386 certificate must be made available to the public upon request. The certificate, at a minimum, must include the following: (1) The name, address, and phone number of the employer, a contact person, and the specific project for which the service contract is sought; (2) The amount of the service contract and the city department the contract will serve. (3) A brief description of the project or service provided; (4) A statement of the wage levels for all covered employees; and (5) A commitment to pay all covered employees the living wage. (d) Observation of other laws. Every covered employee shall be paid without subsequent deduction or rebate on any account (except as such payroll deductions as are directed or permitted by law or by a collective bargaining agreement). The service contractor shall pay covered employees wage rates in accordance with federal and all other applicable laws such as overtime and similar wage laws. (e) Posting. A copy of the living wage rate shall be kept posted by the service contractor subject to this article, at the site of the work in a prominent place where it can easily be seen and read by the covered employees and shall be supplied to such employees within a reasonable time after a request to do so. Additionally, service contractors subject to this article, shall furnish a copy of the requirements of this article to any entity submitting a bid for a subcontract on any service contract subject to this article. Posting requirements will not be required where the service contractor subject to this article, prints the following statements on the front of the covered employee's first paycheck and every six months thereafter. "You are required by the City of Miami Living Wage Ordinance to be paid a living wage. If you do not believe you are being paid at the living wage rate, contact your employer, an attorney, or the City of Miami." All notices will be printed in English, Spanish and Creole. (f) Collective bargaining. Nothing in this article shall be read to require or authorize any service contractor subject to this article, to reduce wages set by a collective bargaining agreement or as required under any prevailing wage law. (Ord. No. 12787, § 2, 4-6-06; Ord. No. 13110, § 2, 10-22-09; Ord. No. 13405, § 2, 9-26-13; Ord. No. 13648, § 2, 11-17-16) Sec. 18-558. - Implementation. (a) Maintenance of payroll records. Each service contractor to which living wage requirements apply, as described in this article, shall maintain payroll record for all covered employees and basic records relating thereto and shall preserve them for a period of three years from the date of termination or expiration of the service contract. The records shall contain: (1) The name and address of each covered employee; (2) The job title and classification; (3) The number of hours worked each day; (4) The gross wages earned and deductions made; (5) Annual wages paid; (6) A copy of the social security returns and evidence of payment thereof; (7) A record of fringe benefit payments including contributions to approved plans; and (8) Any other data or information the city shall require from time to time. (b) Reporting payroll. Every six months, the service contractor to which living wage requirements apply, as described in this article, shall file with the city's procurement director a listing of all covered employees together with a certification of compliance with this article. Upon request from the city, the service contractor shall produce for inspection and copying its payroll records for any or all of its covered employees for any Page 3 1/19/2024 1:01 PM p. 53 City of Miami Solicitation IFB 1719386 period covered by the service contract. The city may examine payroll records as needed to ensure compliance. (Ord. No. 12787, § 2, 4-6-06; Ord. No. 13110, § 2, 10-22-09) Sec. 18-559. - Compliance and enforcement. (a) Service contractor to cooperate. The service contractor shall permit city employees, agents, or representatives to observe work being performed at, in or on the project or matter for which the service contractor has a contract. The city representatives may examine the books and records of the service contractor relating to the employment and payroll of covered employees and may survey covered employees to determine if the service contractor is in compliance with the provisions of this article. (b) Complaint procedures and sanctions. An employee who believes that he/she is a covered employee of a service contractor and that the service contractor is or was not complying with the requirements of this article has a right to file a complaint with the procurement director of the city. Such complaints may be made at any time and shall be investigated within a reasonable period of time by the city. Written and oral statements by any such employee shall be treated as confidential and shall not be disclosed without the written consent of the employee to the extent allowed by the Florida Statutes. (c) Private right of action against service contractor. Any covered employee or former covered employee of a service contractor may, instead of utilizing the city administrative procedure set forth in this article, but not in addition to such procedure, bring an action by filing suit against the service contractor in any court of competent jurisdiction to enforce the provisions of this article and may be awarded back pay, benefits, attorney's fees, and costs. The applicable statute of limitations for such a claim will be two years as provided in F.S. § 95.11(4)(c) as may be amended from time to time for an action for payment of wages. The court may also impose sanctions on the service contractor, including those persons or entities aiding or abetting the service contractor, to include wage restitution to the affected covered employee and damages payable to the covered employee in the sum of up to $500.00 for each week the service contractor is found to have violated this article. (d) Sanctions against service contractors. For violations of this article, the city shall sanction a service contractor by requiring the service contractor to pay wage restitution at its expense for each affected employee. The city may also sanction the service contractor in at least one of the following additional ways: (1) The city may impose damages in the sum of $500.00 for each week for each covered employee found to have not been paid in accordance with this article; (2) The city may suspend or terminate payment under the service contract or terminate the contract with the service contractor; and The city may declare the service contractor ineligible for future service contracts for three years or until all penalties and restitution have been paid in full, whichever is longer. In addition, any employer shall be ineligible for a service contract where principal officers of such employer were principal officers of a service contractor who has been declared ineligible under this article. (4) If the contract has been awarded under the city procurement ordinance, the city may debar or suspend the contractor as provided therein. (e) Public record of sanctions. All such sanctions recommended or imposed shall be a matter of public record. (f) Sanctions for aiding and abetting. The sanctions contained in this article shall also apply to any party or parties aiding and abetting in any violation of this article. Retaliation and discrimination barred. A service contractor shall not discharge, reduce the compensation, or otherwise discriminate against any covered employee for making a complaint to the city, or otherwise asserting his or her rights under this article, participating in any of its proceedings or using any civil remedies to enforce his or her rights under this article. Allegations of retaliation or discrimination, if found true in a city administrative proceeding or by a court of competent jurisdiction, shall result in an order of restitution and reinstatement of a discharged covered employee with back pay to the date of the violation or such other relief as deemed appropriate. (3) (g) Page 4 1/19/2024 1:01 PM p. 54 City of Miami Solicitation IFB 1719386 (h) Remedies herein non-exclusive. No remedy set forth in this article is intended to be exclusive or a prerequisite for asserting a claim for relief to enforce the rights under this article or in a court of law. This article shall not be construed to limit an employee's right to bring a common law cause of action for wrongful termination. (Ord. No. 12787, § 2, 4-6-06; Ord. No. 13648, § 2, 11-17-16) Sec. 18-560. - Employers receiving direct tax abatement or subsidy. The city reserves the right to impose the living wage requirements of this article on or after January 1, 2017 on any employer as a condition of that employer receiving a direct tax abatement or subsidy from the city. (Ord. No. 13648, § 2, 11-17-16) Secs. 18-561-18-599. - Reserved. Page 5 1/19/2024 1:01 PM p. 55 City of Miami Solicitation IFB 1719386 Attachment B — Bid Price Sheet 1FB 1706386 Lease of Marina Forklift No. Line Items Description Quantity Unit Total Unit Cost 1 Monthly Cost per Forklift (Terms is thirty-six (36) months, with a yearly allowance of 2000 hours) 1 Month $ $24,800.00 1/19/2024 1:01 PM p. 56 City of Miami Solicitation IFB 1719386 SPECIFICATIONS FOR MARINA FORKLIFT Project Description: For the three (3) year lease of a marina grade forklift. Mast Two -Stage, Full Free -Lift, with a safety indicator line to alert operator when inner mast section is in safe carry position 3-part High Solids Zinc Cladding - Organic Zinc -Rich Epoxy Primer over clean steel 2 part Epoxy Intermediate Primer; 2 part Urethane top coat — UV and Abrasion Resistant; 15 mil Frame and Mast Urethane Undercoating Corrosion Protected fittings on carriage. Capacity 19,050 pounds (lbs.) @ 168" inches (in.) LC 4' foot (ft.) Wiggins Drive Capacity 25,000 lbs. @ 96" in. LC Capacity Capacity 18,563 lbs. @ 144" in. LC 15' ft. Wiggins Rack Capacity 20,000 lbs. @ 96" in. LC Capacity 10,735 lbs. @ 120" in. LC 30' ft. Wiggins Rack Capacity 13,500 lbs. @ 96" in. LC Capacity 8,250 lbs. @ 96" in. LC 42' ft. Wiggins Rack Capacity 8,250 lbs. @ 96" in. LC Lift Height M2 42 Positive 12 Negative Lowered Height M2 328" in. Fork Length 22' ft. Rubber Extruded Covered Galvanized Carriage 104" in. Wide Galvanized Fork Positioners Hydraulically Actuated Fork Swing Fork Spread 150" in. Open to 20" in. Closed Side Shift 18" in. Side Swing Engine Cummins QSB6.7 174HP Tier 4 Engine Shutdown High temp/low oil pressure Transmission 3 Speed Auto TE14 Front Drive Axle Planetary with hydraulically actuated wet disc brakes PRC1756 Rear Steer Axle Pivotal center trunion axle with double ended steer cylinder Tires Front Drive: 1200 x 24 Solid Black Lug Rear Steers: 1200 x 20 Solid Black Lug Width 104" in. 1/19/2024 1:01 PM p. 57 City of Miami Solicitation IFB 1719386 Wheelbase 120" in. Length 205"in. Turning Radius 186" in. Empty Weight Approximately 87,250 lbs. Operator Console Clear View / Offset Operator console with composite Non -rusting materials, designed for maximum ease of maintenance and service. Adjustable air ride seat, tilt steering column, cup holder, mirrors package, and roof window. Hydraulic Controls Standard - (1) 2 Axis & (4) 1 Axis Joysticks Working Lights 6 LED mast lights & 1 fwd/1 rear LED light bar on OHG Mirrors 3 Mirrors - 1 Cab, 2 RH/LH Front Fenders Safety Equipment Back-up alarm, horn, amber flashing light, and FOPS overhead protection. Gauges IQAN MD4 Display with backup camera: Temps, Oil Pres., Fuel, Volt & Hour Meter StabiLiftTM 3 Light Safety Lift System & Digital Scale StabiLockTM Not Required Paint / Decals Standard Marina Bull Colors Standard Decals Undercoating Underside of frame and bottom 4' of mast Backup Camera Included 1/19/2024 1:01 PM p. 58 POLICY NUMBER: APM- 2-19 DATE: March 26, 2019 ISSUED BY: Emilio T. Gonzalez, Ph.D. Citv/1GI nager/Desi SIGNATURE CITY Ot fMMIAMI ADMINISTRATIVE POLICY REVISIONS Solicitation IFB 1719386 REVISED DATE OF SECTION REVISION Created 3/26/19 SUBJECT: ELIMINATING THE PROCESS OF CURING IRREGULARITIES IN DOCUMENTS SUBMITTED IN RESPONSE TO REQUEST FOR QUALIFICATIONS (RFQ), REQUEST FOR PROPOSALS (RFP), REQUESTS FOR LETTERS OF INTEREST (RFLI), INVITATION FOR BIDS (IFB), INVITATION TO BID (ITB), INVITATION TO QUOTE (ITQ), AND REQUEST FOR SPONSORSHIP (RFS) EFFECTIVE MAY 6, 2019 PURPOSE: To improve the procurement solicitation process in order to provide internal and external customers with a more efficient and effective procurement of goods and services for the City of Miami. This APM establishes guidelines that eliminate the process of curing irregularities in proposals and bids submitted in response to RFQs, RFPs, RFLI's IFBs, ITBs, ITQs and RFS. BACKGROUND: Currently, the Department of Procurement ("Procurement") allows Proposers and Bidders to cure certain deficiencies, deviations, irregularities, omissions, and/or technicalities in proposals and bids submitted to the City in response to RFQs, RFPs, RFLIs, IFBs, ITBs, ITQs and RFS. In collaboration with the Department of Innovation and Technology ("Dolt"), Procurement has identified the process of curing as the cause of significant delays in formal solicitation process. When proposals and bids require a cure, Procurement sends out a "Notice to Cure" to Proposers and Bidders who are then given additional time to correct, complete, and re -submit the required documents. The process of curing is time intensive and delays the procurement of necessary goods and services for the City; it prolongs the due diligence review period and it stalls and delays the evaluation and selection process, resulting in the extension of time between the issuance of an RFP, RFQ, RFLI, IFB, ITB, ITQ, or RFS solicitation and its award date. 1/19/2024 1:01 PM p. 59 City of Miami Solicitation IFB 1719386 City of Miami APM 2-19 Elimination of Curing Irregularities in Documents Submitted for RFQs, RFPs, RFLI's IFBs, ITBs, ITQs and RFS Eliminating the process of curing will streamline and improve the overall procurement solicitation process while making it more efficient by removing a source of delay, and more effective by concentrating due diligence reviews only on complete and responsive proposals and bids. Additionally, it is not a common procurement industry practice to allow cures. Other local public agencies such as Miami -Dade County and the Miami -Dade County Public School System do not presently allow cures in such similar instances. GUIDELINES: Procurement will only review and evaluate proposals and bids that have been deemed responsive. Responsive bids and proposals responses are defined by our Procurement Code.' Prospective Proposers and Bidders should understand that non -responsive proposals or bids will not be reviewed and will be eliminated from the evaluation and selection process. The City will not consider the curing of any proposal or bid that fail to meet the minimum qualifications or submission requirements of an RFQ, RFP, RFLI, IFB, ITB, ITQ, or RFS as applicable. Material deficiencies, deviations, irregularities, omissions, and/or technicalities are not waivable. Proposals and bids submitted with deficiencies, irregularities, omissions, and/or technicalities that deviate from the minimum qualifications and/or submission requirements for RFQs, RFPs, RFLIs, IFBs, ITBs, ITQs and RFS shall result in a non -responsive determination. The following list includes, but is not limited to, proposal and bid deficiencies, deviations, irregularities, omissions, and/or technicalities that shall result in a non -responsive determination for any solicitation issued on or after May 6, 2019: If a proposal or bid is missing forms, or contains unnotarized forms, unsigned forms, incorrect forms, or forms signed by any individual, other than the Proposer or Bidder, Proposer's or Bidder's team members, and/or individuals attesting to the stated project experience, the Proposer or Bidder will not be given time to cure the proposal or bid, and the City shall deem such proposal or bid non -responsive. The City, at its sole discretion, reserves the right to waive minor deviations not listed above. Such minor deficiencies, deviations, irregularities, omissions, or technicalities may be timely cured by the Proposer or Bidder, at the sole discretion of the City. Material (i.e. substantial or notable) deficiencies, deviations, irregularities, omissions, or technical issues cannot be cured by the Proposer or Bidder and are not waivable by the City. For illustrative guidance please see below an excerpt from State of Florida procurement instructions which discuss the difference in plain language between material and minor variances. Responsive bidder, proposer, offeror, or respondent means a business which has submitted a bid, offer, proposal, quotation or response which conforms in all material respects to the solicitation. Sec. 18-73, City Code. (Excerpt from 2012 WL 1155290 (F1a.Div.Admin.Hrgs.) Mandatory Responsiveness Requirements: Terms, conditions or requirements that must be met by the proposer to be responsive to this RFP. The responsiveness requirements are mandatory. Failure to meet the responsiveness requirements will cause rejection of a proposal. Any proposal rejected for failure to meet mandatory responsiveness requirements will not be evaluated. 2 1/19/2024 1:01 PM p. 60 City of Miami Solicitation IFB 1719386 City of Miami APM 2-19 Elimination of Curing Irregularities in Documents Submitted for RFQs, RFPs, RFLI's IFBs, ITBs, ITQs and RFS 1.15 Material Deviations: The Department has established certain requirements with respect to proposals to be submitted by Proposers. The use of shall, must or will (except to indicate simple futurity) in this RFP indicates a requirement or condition which may not be waived by the Department except where any deviation therefore is not material. A deviation is material if, in the Department's sole discretion, the deficient response is not in substantial accord with this RFP's requirements, provides an advantage to one Proposer over other Proposers, or has a potentially significant effect on the quantity or quality of items or services proposed, or on the cost to the Department. Material deviations cannot be waived and shall be the basis for rejection of a response. Because this is an RFP, the Department will apply this definition liberally in reviewing responses in regard to service delivery. 1.16 Minor Irregularity: A variation from the RFP terms and conditions which does not affect the price proposed or gives the proposer an advantage or benefit not enjoyed by the other proposers or does not adversely impact the interests of the Department. 3 1/19/2024 1:01 PM p. 61 City of Miami Solicitation IFB 1719386 CITY OF MIAMI LOCAL OFFICE CERTIFICATION (City Code, Chapter 18, Article III, Section 18-73) Solicitation Type and Number: (i.e. IFQ/IFB/RFP/RFQ/RFLI No. 123456) Solicitation Title: (Bidder/Proposer) hereby certifies compliance with the Local Office requirements stated under Chapter 18/Article III, Section 18-73, of the Code of the City of Miami, Florida, as amended. Local office means a business within the city which meets all of the following criteria: (1) Has had a staffed and fixed office or distribution point, operating within a permanent structure with a verifiable street address that is located within the corporate limits of the city, for a minimum of twelve (12) months immediately preceding the date bids or proposals were received for the purchase or contract at issue; for purposes of this section, "staffed" shall mean verifiable, full-time, on -site employment at the local office for a minimum of forty (40) hours per calendar week, whether as a duly authorized employee, officer, principal or owner of the local business; a post office box shall not be sufficient to constitute a local office within the city; (2) If the business is located in the permanent structure pursuant to a lease, such lease must be in writing, for a term of no less than twelve (12) months, been in effect for no less than the twelve (12) months immediately preceding the date bids or proposals were received, and be available for review and approval by the chief procurement officer or its designee; for recently -executed leases that have been in effect for any period less than the twelve (12) months immediately preceding the date bids or proposals were received, a prior fully -executed lease within the corporate limits of the city that documents, in writing, continuous business residence within the corporate limits of the city for a term of no less than the twelve (12) months immediately preceding the date bids or proposals were received shall be acceptable to satisfy the requirements of this section, and shall be available for review and approval by the chief procurement officer or its designee; further requiring that historical, cleared rent checks or other rent payment documentation in writing that documents local office tenancy shall be available for review and approval by the chief procurement officer or its designee; (3) Has had, for a minimum of twelve (12) months immediately preceding the date bids or proposals were received for the purchase or contract at issue, a current business tax receipt issued by both the city and Miami - Dade County, if applicable; and (4) Has had, for a minimum of twelve (12) months immediately preceding the date bids or proposals were received for the purchase or contract at issue, any license or certificate of competency and certificate of use required by either the city or Miami -Dade County that authorizes the performance of said business operations; and (5) Has certified in writing its compliance with the foregoing at the time of submitting its bid or proposal to be eligible for consideration under this section; provided, however, that the burden of proof to provide all supporting documentation in support of this local office certification is borne by the business applicant submitting a bid or proposal. 1 FORM -City of Miami Local Office Certification 1 iliiigickZA g2 /VM2 p. 62 City of Miami Solicitation IFB 1719386 PLEASE PROVIDE THE FOLLOWING INFORMATION: Bidder/Proposer Local Office Address: Does Bidder/Proposer conduct verifiable, full- time, on -site employment at the local office for a minimum of forty (40) hours per calendar week? YES I I NO Is Bidder/Proposer' s Local Office tenancy pursuant to a lease? If yes, please enclose a copy of the lease. YES NO N/A Bidder/Proposer please enclose a copy of the Business Tax Receipt (BTR) issued by both the City of Miami and Miami -Dade County. City of Miami: YES NO ❑ Exempt Cite Exemption: Miami -Dade County: YES NO Exempt Cite Exemption: Has Bidder/Proposer enclosed a copy of the license or certificate of competency and certificate of use that authorizes the performance of Bidder/Proposer's business operations? YES NO Bidder/Proposer's signature below certifies compliance with the Local Office requirements stated under Chapter 18/Article III, Section 18-73, of the Code of the City of Miami, Florida, as amended. Print Name (Bidder/Proposer Authorized Representative) Signature Date 2 FORM -City of Miami Local Office Certification 1 iliiigickZA gigl/nM2 p. 63 City of Miami Solicitation IFB 1719386 STATE OF FLORIDA COUNTY OF Certified to and subscribed before me this day of , 20 , by (NOTARY SEAL) (Signature of Notary Public -State of Florida) (Name of Notary Typed, Printed, or Stamped) Personally Known OR Produced Identification Type of Identification Produced FORM -City of Miami Local Office Certification 1 iliiigickZA gigl/nM2 3 p. 64 City of Miami Solicitation IFB 1719386 INSURANCE ADDENDUM INSURANCE DEFINITIONS, REQUIREMENTS AND CONDITIONS The VENDOR/CONTRACTOR / CONSULTANT (AS APPLICABLE) agrees to provide and maintain throughout the life of this contract and at Vendor/Contractor/ Consultant's expense insurance coverage outlined herewith as applicable insuring all operations related to the contract and any extensions thereof. Workers Compensation and Employers Liability Statutory requirements per Chapter 440, Florida Statutes, as amended, are applicable, and this coverage is subject to the Laws of the State of Florida. This coverage protects against lawsuits stemming from workplace accidents. It provides for medical care to injured employees, along with compensation for lost income. Commercial General Liability It protects against accidents and injuries that occur on company property or the property of a customer. It compensates an injured person or owner of property for injuries and property damages, and the cost of defending lawsuits, including legal settlements or investigations. This policy also covers claims resulting from products exposures, libel, slander, copyright infringement, and other personal and advertisement injuries. Commercial Automobile Liability It protects against liability, no fault, medical payments, uninsured and underinsured motorists claims, collision and other than collision physical damage. In addition, this policy affords coverage on autos that are hired or borrowed or non -owned for use in the business. The non -owned can be autos owned by employees or members of their households. Non -Owned Auto exposures can be endorsed or added under the Commercial General Liability Policy. Professional/Errors and Omissions Liability Used by many professionals such as engineers, lawyers, accountants, stock brokers, financial advisers, insurance agents, court reports, dentists, nurses and teachers. It protects against the financial effects of liability lawsuits filed by clients. It basically protects professionals who cause harm to a client due to incompetence, errors , or negligence. 1/19/2024 1:01 PM p. 65 City of Miami Solicitation IFB 1719386 Umbrella Liability It protects against liability and losses after primary insurance benefits have been exhausted. This supplemental coverage kicks in only after the underlined liability policies have paid their maximum benefits. Environmental Liability It protects against the financial costs of claims of injury or damage due to pollution, and other costs of cleaning up pollutants. These policies are designed to cover both property and liability risks. Directors and Officers Liability This coverage protects against claims from stockholders, employees and clients that are also aimed individually at directors and officers. These claims typically stem from errors in judgement, breaches of duty and wrongful acts in connection with company business. Cyber Liability It protects against costs of the theft, destruction or unauthorized use of electronic data through computer viruses or network intrusions. It also adds protection to a business against such costs if a business fails to safeguard another party's electronic data. Companies sharing data outside their internal network benefit from this coverage Commercial Property It protects against claims or damages to the insured's buildings, business personal property and personal property of others. It can also provide for loss of business income coverage or extra expenses incurred because of physical loss by a covered peril to the insured's property. Commercial Crime It protects against loss of money, securities and other property because of a variety of criminal acts such as employee theft or embezzlement, burglary, robbery, forgery, computer fraud, kidnapping and extortion. Crime insurance also covers money and securities against damage or destruction by almost any cause of loss, not just crime. 1/19/2024 1:01 PM p. 66 City of Miami Solicitation IFB 1719386 Builders Risk It protects against damage to or destruction of buildings or other structures during their construction. Any party with a financial interest in a construction, remodeling, or repair project benefits from this coverage. Surety Bonds Surety bonds are three party contracts. The principal, the party that undertakes the obligation, pays for the issuance of a bond by a surety company. The bond provides capital to guarantee the obligation will be performed. The obligee is the party that receives the benefit of the bond If the obligation is improperly performed. If payment and performance bonds are required such bonds must be substantially in the form prescribed by Florida Statutes 255.05, as amended, and will be subject to the approval of the City of Miami Director of the Department of Risk Management. Valuable Papers It pays for the cost to reconstruct damaged or destroyed valuable papers and records. Typically is defined to include almost all forms of printed documents or records with the exception of money or securities, and data and media which is usually excluded. Additional Requirements The Vendor/Contractor must furnish the City of Miami, Department of Procurement, and Risk Management located at 444 S.W. 2nd Avenue Miami, Florida 33130, original Certificates of insurance to be in force on the date of this Contract, and Renewal Certificates of insurance thereafter. All policies indicated on the certificate must be in compliance with all Contract requirements. The failure of the City to obtain the applicable or corresponding certificates from Contractor is not a waiver by the City of any requirements for the Vendor/Contractor. The Vendor/Contractor must furnish Certificates insurance listing the City of Miami as an additional insured. All insurance certificates must be signed, dated and reference the City contract number. The insurance must provide for sixty (30) days prior written notice to be given to the City in the event coverage is substantially changed, canceled, or non -renewed. Any deductibles or self -insured retentions on referenced insurance coverages must be borne by Vendor/Contractor. The Vendor/Contractor further agrees to have insurers waive their rights of subrogation against the City of Miami, its employees, elected officials, agents, or representatives. The coverages and limits furnished by Vendor/Contractor in no way limit the Vendor/Contractor's liabilities and responsibilities specified within the Contract or law. Any insurance or self-insurance programs maintained by the City of Miami shall not contribute with insurance provided by the Vendor/Contractor under the Contract. 1/19/2024 1:01 PM p. 67 City of Miami Solicitation IFB 1719386 The required insurance to be carried is not limited by any limitations expressed in the indemnification language in this Contract or any limitation placed on the indemnity in this Contract given as a matter of law. If the Vendor/Contractor is a joint venture or limited liability company, the insurance policies must name the joint venture or Limited Liability Company and each of its separate constituent entities as named insureds. The Vendor/Contractor must require all subcontractors to provide the insurance required herein. All subcontractors are subject to the same insurance requirements of the Vendor/Contractor unless otherwise specified in this Contract. If the Vendor/Contractor or subcontractor desire additional coverages, the party desiring the additional coverages is responsible for the acquisition and cost. Notwithstanding any provision in the Contract to the contrary, the City of Miami Risk Management Department maintains and reserves the right to modify, delete, alter or change these requirements. Note: The duty to carry and maintain insurance during the life of the contract will survive the cancellation or expiration, as applicable, under the Contract. 1/19/2024 1:01 PM p. 68 City of Miami Solicitation IFB 1719386 Question and Answers for Solicitation #IFB 1719386 - Lease of a Marina Forklift Overall Solicitation Questions There are no questions associated with this Solicitation. Question Deadline: Jan 8, 2024 5:00:00 PM EST 1/19/2024 1:01 PM p. 69 Form w-9 (Rev. October 2018) Department of the Treasury Internal Revenue Service Request for Taxpayer Identification Number and Certification I. Go to www.irs.gov/FormW9 for instructions and the latest information. Give Form to the requester. Do not send to the IRS. Q. 0 6 c ao U O L. vi c c au r1= 0 0 N w rn 1 Name (as shown on your income tax retum). Name is required on this line; do not leave this line blank. Forklift Exchange, Inc. 2 Business name/disregarded entity name, if different from above 3 Check appropriate box for federal tax classification of the person whose name is entered on line 1. Check only one of the following seven boxes. ❑ Individual/sole proprietor or 0 C Corporation 0 S Corporation ❑ Partnership ❑ Trust/estate single -member LLC ❑ Limited liability company. Enter the tax classification (C=C corporation, S=S corporation, P=Partnership) ► Note: Check the appropriate box in the line above for the tax classification of the single -member owner. Do not check LLC if the LLC is classified as a single -member LLC that is disregarded from the owner unless the owner of the LLC is another LLC that is not disregarded from the owner for U.S. federal tax purposes. Otherwise, a single -member LLC that is disregarded from the owner should check the appropriate box for the tax classification of its owner. ❑ Other (see instructions) ► 4 Exemptions (codes apply only to certain entities, not individuals; see instructions on page 3): Exempt payee code (if any) Exemption from FATCA reporting code (if any) (Applies to accounts maintained outside the U.S.) 5 Address (number, street, and apt. or suite no.) See instructions. 6901 Alico Road, Unit 1 6 City, state, and ZIP code Fort Myers, FL 33912 Requester's name and address (optional) 7 List account number(s) here (optional) Part I Taxpayer Identification Number (TIN) Enter your TIN in the appropriate box. The TIN provided must match the name given on line 1 to avoid backup withholding. For individuals, this is generally your social security number (SSN). However, for a resident alien, sole proprietor, or disregarded entity, see the instructions for Part I, later. For other entities, it is your employer identification number (EIN). If you do not have a number, see How to get a TIN, later. Note: If the account is in more than one name, see the instructions for line 1. Also see What Name and Number To Give the Requester for guidelines on whose number to enter. Part II Social security number or Employer identification number 36 34 50799 Certification Under penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me); and 2. I am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding; and 3. I am a U.S. citizen or other U.S. person (defined below); and 4. The FATCA code(s) entered on this form (if any) indicating that I am exempt from FATCA reporting is correct. Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the instructions for Part II, later. Sign Here Signature of U.S. person ► Date ► General Instructions Section references are to the Internal Revenue Code unless otherwise noted. Future developments. For the latest information about developments related to Form W-9 and its instructions, such as legislation enacted after they were published, go to www.irs.gov/FormW9. Purpose of Form An individual or entity (Form W-9 requester) who is required to file an information return with the IRS must obtain your correct taxpayer identification number (TIN) which may be your spcial security number (SSN), individual taxpayer identification number (ITIN), adoption taxpayer identification number (ATIN), or employer identification number (EIN), to report on an information retum the amount paid to you, or other amount reportable on an information retum. Examples of information retums include, but are not limited to, the following. • Form 1099-INT (interest eamed or paid) • Form 1099-DIV (dividends, including those from stocks or mutual funds) • Form 1099-MISC (various types of income, prizes, awards, or gross proceeds) • Form 1099-B (stock or mutual fund sales and certain other transactions by brokers) • Form 1099-S (proceeds from real estate transactions) • Form 1099-K (merchant card and third party network transactions) • Form 1098 (home mortgage interest), 1098-E (student loan interest), 1098-T (tuition) • Form 1099-C (canceled debt) • Form 1099-A (acquisition or abandonment of secured property) Use Form W-9 only if you are a U.S. person (including a resident alien), to provide your correct TIN. if you do not retum Form W-9 to the requester with a 77N, you might be subject to backup withholding. See What is backup withholding, later. c .. W_Q ro,.., 1 n_'ni an il i A ;', 1 ARINA TRUCK SALES LLC. 6901 Alico Road - Fort Myers, FL 33912 I C: 305.204.3785 To whom it may concern, Authorized Wiggins Dealer As of April 8, 2022 Marina Truck Sales, LLC. is the designated sales and service dealer for the Wiggins Lift Co. Marina Bull product line in Florida. This was made formal by the corresponding Dealer Agreement sent with this letter. In this dealer agreement all responsibilities pertaining to the Wiggins Lift Co. MarinaBull line are transferred from Taylor Machine Works, Inc. & Sudden Service Inc. to Marina Truck Sales, LLC. In order to provide our customers with the best service and care possible we have designated Forklift Exchange Inc. as our sole service and parts provider. Therefore, Forklift Exchange is entitled to represent Marina Truck Sales, LLC. and the Wiggins Marina Bull product line to any and all customers in the state of Florida. We hope that this clarifies any confusion between the relationship between Marina Truck Sales, LLC. and Forklift Exchange, Inc. Please feel free to reach out to me for any further clarification. Regards, Vincent Flaska President t gL- FORKLII OP ID: YS , ACORO CERTIFICATE OF LIABILITY INSURANCE �� DATE(MM/DD/YYYY) 11/03/2023 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER 219-769-6616 Rothschild Agency, Inc 8979 Broadway Merrillville, IN 46410- Rob Rothschild, CIC R-Comm CONTACT Rob Rothschild, CIC NAME: PHONE 219-769-6616 FAX (A/C, No, Ext): (A/C, No): E-MAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: Cincinnati Spec. Underwriters 13037 INSURED Forklift Exchange Inc. 6901 Alico Rd Fort Myers, IL 33912 INSURER B : The Travelers 19038 INSURER C The Cincinnati Insurance Cos. 10677 INSURER D : Technology Insurance Co. INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBER POLICY F (MM/DP. Y Y POLICY EXP (MM/DD/YYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY X CSU0140126 OMED , I Q. 023 ' /�PRODUCTS `/ 10/01 /2024 EACH OCCURRENCE $ 1,000,000 CLAIMS -MADE X OCCUR RENTE PREM SESAMAGEO(Ea occur ence) $ 1,000,000 EXP (Any one person) $ Excluded PERSONAL & ADV INJURY $ 1,000,000 GEN'L X AGGREGATE POLICY OTHER: LIMIT APPLIES JECT PER: GENERAL AGGREGATE $2,000,000 -COMP/OP AGG $ 2'���'��� $ C AUTOMOBILE X X LIABILITY ANY AUTO OWNED X SCHEDULED AUTOS AUOTOS ONLY X 4q `5 V `V\(�� EBA05490 OV 1q.".' A n �' ` ``/ 10/01/2023 10/01/2024 COMBINED SINGLE LIMIT1000000 (Ea accident) $ BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident $ $ B X UMBRELLA LIAR EXCESS LIAB X OCCUR CLAIMS -MADE CUP-7S72185A-23-NF 10/01/2023 10/01/2024 EACH OCCURRENCE 4,000,000 $ AGGREGATE $ 4,000,000 DED X RETENTION $ 10,000 $ D WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below Y / N N N /A TWC4172544 11/08/2022 11/08/2023 X PER STATUTE OTH- ER E.L. EACH ACCIDENT 1,000,000 $ E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT 1,000,000 $ DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) City of Miami is shown as an Additional Insured under the General Liability and Auto Liability policies on a Primary and Non -Contributory basis as per written contract or agreement. CERTIFICATE HOLDER CANCELLATION C I M9008 CITY OF MIAMI DEPARTMENT OF PROCUREMENT 444 S 2ND AVE 6TH FLOOR MIAMI, FL 33130 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Forklift Exchange Inc. Policy Number: CSU0140126 COMMERCIAL GENERAL LIABILITY CSGA 437 12 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION AGREEMENT WITH YOU - OPERATIONS AND COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. SECTION II - WHO IS AN INSURED is amended to include as an additional insured any person or organization when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an additional insured O on your policy, but only with respect to "bodily 0 injury", "property damage" or "personal ar rL advertising injury" caused, in whole or in a O by: CVl 1. Your acts or omissions in th((or r V ance of your ongoing oper additional insured; 2. The acts or omissions •.9"i' e acting on your behalf in the rmance of your ongoing operation the additional in- sured; or 3. 'Your work" performed for the additional insured and included in the "products - completed operations hazard". If not specified otherwise in the written con- tract or agreement, a person's or organiza- tion's status as an additional insured under this endorsement ends one year after your opera- tions for that additional insured are completed. The written contract or agreement must be currently in effect or become effective during the term of this Coverage Part. The contract or agreement must be executed prior to the "bod- ily injury", "property damage" or "personal and advertising injury' to which this endorsement pertains. However: 1. The insurance afforded to such additional insured only applies to the extent permit- ted by law; and If coverage provided to the additional in- 1 is required by a contract or agree- ment, the insurance afforded to such ad- ditional insured will not be broader than that which you are required by the con- tract or agreement to provide for such ad- ditional !insured. With respect to the insurance afforded to these additional insureds, the following addi- tional exdusions apply: This insurance does not apply to: 1. "Bodily injury", "property damage" or "per- sonal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineer- ing or surveying services, including: a. The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or draw- ings and specifications; or b. Supervisory, inspection, architectural or engineering activities. 2. "Bodily injury" or "property damage" aris- ing out of "your work" for which a consoli- dated (wrap-up) insurance program has been provided by the prime contrac- tor/project manager or owner of the con- struction project in which you are involved. 3. "Bodily injury", "property damage" or "per- sonal and advertising injury' to any em- ployee of you or to any obligation of the additional insured to indemnity another because of damages arising out of such injury. CSGA 437 1213 Includes copyrighted material of ISO Properties, Inc., with its permission. Page 1 of 2 4. "Bodily injury", "property damage" or "per- sonal and advertising injury' for which the Named Insured is afforded no coverage under this policy of insurance. C. With respect to the insurance afforded to these additional insureds, SECTION III - LIM- ITS OF INSURANCE is amended to include: The limits applicable to the additional insured are those specified in the written contract or agreement or in the Dedarations of this Cov- erage Part, whichever is less. If no limits are specified in the written contract or agreement, the limits applicable to the additional insured are those specified in the Declarations of this Coverage Part. The limits of insurance are in- clusive of and not in addition to the limits of in- surance shown in the Dedarations. D. With respect to the insurance afforded to these additional insureds, SECTION IV - COMMERCIAL GENERAL LIABILITY CON- DITIONS, 4. Other Insurance is amended to include: Any coverage provided herein will be excess over any other valid and collectible insurance available to the additional insured whether primary, excess, contingent or on any other basis unless you have agreed in a written con- tract or written agreement executed prior to any loss that this insurance will be primary. This insurance will be noncontributory only if you have so agreed in a written contract or written agreement executed prior to any loss and this coverage is determined to be primary. OCis Q$v PQ <Z' t\/ CSGA 437 1213 Includes copyrighted material of ISO Properties, Inc., with its permission. Page 2 of 2 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED BY CONTRACT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM This endorsement changes the policy effective on the inception date of the policy unless another date is indi- cated below. Endorsement Effective: 10-01-2023 Policy Number: EBA 054 95 61 Named Insured: FORKLIFT EXCHANGE INC, SPECIALIZED LIFTRUCK SERVICES Countersigned by: n/� (Authorized Representative) With respect to coverage provided by this endorsement, the modified by the endorsement. sions of the Coverage Form apply unless SECTION II - LIABILITY COVERAGE, A. Coverag t1 Iho is an Insured is amended to indude as an in- sured any person or organization for whom you hayreed in a valid written contract to provide insurance as afforded by this policy. This provision is limited to the scope of the v ritterZrIttact. Thisprovision does not apply unless th e5vntract has been executedprior to the "bodily injury" or pp Y ��@ J# p i� Y J rY property damage". PQ AA 4171 06 20 Page 1 of 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY INSURANCE This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM This endorsement changes the policy effective on the inception date of the policy unless another date is indi- cated below. Endorsement Effective: 10-01-2023 Policy Number: EBA 054 95 61 Named Insured: FORKLIFT EXCHANGE INC, SPECIALIZED LIFTRUCK SERVICES Countersigned by: (Authorized Representative) With respect to coverage provided by this endorsement, the rj isions of the Coverage Form apply unless modified by the endorsement. 1. Noncontributory Insurance ("IO SECTION IV - BUSINESS AUTO CON ‘./ rh TIONS, B. General Conditions, 5. Other (� surance is replaced by the following: zj (i 1V �r� c. Regardless of the provisions faV graph a. above, this Covera m' ability Coverage is prim �d we A)II not seek contribution f y,other in- surance for any Dab. assumed under an "insured contra t a requires liability to be assumed primary noncon- tributory basis. AA 4174 11 05 From: To: Cc: Subject: Date: Attachments: Gomez Jr., Francisco (Frank) Carbonell, Aileen Quevedo, Terry; Aviles, Yesenia RE: PROCUREMENT INSURANCE REVIEW FOR FORKLIFT EXCHANGE INC COI Monday, November 6, 2023 7:03:57 AM image002.pnq Good morning Aileen, The COI is adequate. Is this for the delivery of the unit? Thanks, Frank Gomez, PIAM, CPI I Property & Casualty Manager City of Miami Risk Management (305) 416-1740 Office (305) 416-176o Fax fgomez@miamigoy.com "Serving, Enhancing, and Transforming our Community" From: Carbonell, Aileen <ACarbonell@miamigov.com> Sent: Friday, November 3, 2023 4:51 PM To: Gomez Jr., Francisco (Frank) <FGomez@miamigov.com> Cc: Quevedo, Terry <TQuevedo@miamigov.com>; Aviles, Yesenia <YAviles@miamigov.com> Subject: PROCUREMENT INSURANCE REVIEW FOR FORKLIFT EXCHANGE INC COI Importance: High Good afternoon, Please review the insurance attached at your earliest convenience and advise if adequate according to insurance requirements contained therein. Thank you! NOTE: ONE TIME PO FOR FORKLIFT RENTAL Kind regards, Aileen Carbonell, MPA Procurement Assistant Department of Procurement 444 SW 2nd Avenue, 6th Floor Miami, Florida 33130 Office: (305) 416-1922 Facsimile: (305) 416-1925 Email: acarbonellPmiamigov.com Remit W9 to: PurchasingSupplierAdmins(Wmiamigov.com Website: https://beta.miamigov.com/Government/Departmery -Organizations/Procurement 04V </ N rib Q O V O �� .` Q P "Serving, Enhancing, and Transforming our Community" CONFIDENTIAL COMMUNICATION The information contained in this transmission may contain privileged and confidential information. It is intended only for the use of the person(s) named above. If you are not the intended recipient, you are hereby notified that any review, dissemination, distribution, or duplication of this communication is strictly prohibited. If you are not the intended recipient, please immediately contact the sender by reply e-mail and destroy all copies of the original message. Thank you. "Please Note: Due to Florida's very broad public records law, most written communications to or from City of Miami employees regarding City business are public records, available to the public and media upon request. Therefore, this e-mail communication may be subject to public disclosure. DEALER SALES AGREEMENT between Wiggins Lift Co., Inc. PO Box 5187 Oxnard, CA 93036-5187 (hereinafter referred to as the "Company") and Company Name Marina Truck Sales State of Incorporation Florida StreetAddress. 6901 Alico Road, Unit 1 P.O. Box Number City/State/Zip Telephone Ft.Myers , FL 33912 6302542209 (hereinafter referred to as the "Dealer(s}") THIS AGREEMENT Is made and entered into As of this _21_ day of April , 2023_ WITNESSETH THAT, in consideration of the mutual covenants hereinafter setforth, it is understood and agreed as follows: 1. PRODUCTS Products covered by this Agreement are the complete line of diesel powered and electric industrial and marina trucks intended for use in the industrial material handling and marina boat handling industries alkla the Wiggins Yard Bull and Wiggins Marina Bull manufactured by Wiggins Lift Ca, Inc. (hereinafter referred to as "Wiggins" or "Company"), and the parts used in these products. 2. SCOPE The Company grants to the Dealer the right to sell, rent, lease, and stock the Products covered hereby. 3. SERVICE TERRITORY The Service Territory of the Dealer in which Dealer shall have the exclusive right to sell Products and be responsible for effective sales and service is the entire counties/states of Illinois Dealer may otherwise, with Company's permission, sell Products wherever they may be needed. Dealer agrees not to sell, represent, or manufacture competitive products to the Company's in this territory for the duration of this Agreement. 4. PURCHASE REQUIREMENTS a. All orders shall be submitted in writing on forms supplied by the Company or on Dealer's Purchase Order. b. All orders submitted to the Company by the Dealer for the Products, under the terms of this Agreement, shall, upon acceptance by the Company, be binding on the Dealer and the Company, and prompt acknowledgment will be returned to the Dealer in writing. The orders shall be subject to all the terms and conditions of this Agreement. 5. PRICES AND DISCOUNTS a. Company shall give Dealer discounted "Dealer Pricing" and will give Dealer recommended MSRP if requested. b. All prices are subject to increase by an amount equivalent to any federal, state, or local sales, use, gross receipts or other similar taxes measured by the selling price and applicable to the sale. c. Dealer shall be responsible for the cost of shipping Products directly from Company to Dealer or Customer locations. 6. ;REGULAR TERMS AND CASH DISCOUNTS Financing terms will be set by the Company, with 30% of balance due at placement of order and the remainder due when unit is ready to ship to the Dealer. Unless otherwise agreed in writing by the parties, all payments for invoices or total of invoices exceeding the sum of One Thousand Dollars ($1,000.00) shall be remitted via electronic wire transfer to such bank or banks as shall be directed by Company. 7. PRICF CHANGFS The Company will not increase the MSRP of Products without adequate justification based on increased pricing from its vendors as mutually agreed between Company and Dealer. In no event will Company increase the price of Products on orders already accepted by the Company as provided for in Subsection 4.b. 8. ADVERTISING AND PROMQTIONa a. The Dealer agrees to advertise, at his own expense, the Company's Products in his territory, using the advertising copy furnished or approved by the Company, and further agrees to maintain an accurate list of prospects in his territory and to furnish periodically, or upon request, an accurate mailing list of prospects for the purchase of the Company's Products. b. The Company agrees to furnish to the Dealer without charge, f.o.b. factory, an initial supply of its sales literature and other standard advertising material. c. Dealer agrees to display appropriate signs and decals to indicate to the buying public that it is a Wiggins Lift Co., Inc. Dealer for Wiggins Products. 9. FINANCIAL INFORMATION a. The Dealer shall accord an appointed representative of the Company the opportunity to inspect all of the Company's Products in Dealer's stock. b. When a Dealer denies the Company access to such information as is necessary to determine the condition of the current account or the financial standing of the Dealer, the Company shall have the option of terminating the Dealership or taking such other action as it may deem proper. 10. SERVICE OBLIGATION Dealer will provide prompt repair and maintenance service at reasonable prices to all users of new or used Wiggins machines in Dealer Territory, regardless by whom sold. Dealer will maintain parts inventory and service facilities necessary to perform such services. 11. TITLE AND TRUSTEESHIP The title to all Products shipped under this Agreement from the Company to the Dealer, with the right of repossession upon any default, is reserved and retained by the Company until the Dealer has made full payment in cash for all saidproducts. 12. DEDUCTION The Company and the Dealer reserve the right to apply any outstanding credits due to the other (including parent or related companies) against any indebtedness due to the other as and when due. 13. AGENCY IT IS UNDERSTOOD AND AGREED THAT THE DEALER, AS AN INDEPENDENT BUSINESS, IS A SEPARATE LEGAL ENTITY FROM THE COMPANY, AND THE RELATIONSHIP ESTABLISHED IS THAT OF A BUYER AND SELLER, THE DEALER BUYING THE SAID PRODUCTS FROM THE COMPANY FOR RESALE TO OTHERS FOR ITS OWN ACCOUNT. THE DEALER IS NOT, IN ANY SENSE, AN AGENT OF THE COMPANY AND HAS NO AUTHORITY TO TRANSACT ANY BUSINESS IN THE COMPANY'S NAME OR TO INCUR ANY OBLIGATION OR LIABILITY FOR OR AGAINST THE COMPANY, OR TO BIND THE COMPANY IN ANY MANNER WHATSOEVER. 14. AUTHORITY TO ADJUST The Dealer under this Agreement is granted no authority to adjust for the Company any claim for alleged defects in its Products. 15. WARRANTY Products sold by the Company to the Dealer under this Agreement are covered by the attached Warranty from Wiggins Lift Co., Inc. incorporated herein by reference shown as Exhibit "B". Dealer agrees to sell Products under this Agreement only upon said warranty. Company will reimburse 2 Dealer for Warranty work at $1001hour. 16. PARTS REQUIREMENTS Company will provide Dealer list of commonly sold and used parts. Dealer agrees to purchase all parts for servicing, repairing, and refurbishing Company machines from the Company, unless given written permission to look elsewhere for a specific part. Any customer request that will alter the capacity or other major specification of a Company machine that requires Engineering work by the Company will be quoted directly from the Company to the Customer. 17. IIFLAYS The Company shall not be liable for any delay in providing Products to Dealer due to causes beyond the Company's control, including but not restricted to, acts of God, acts of the government, war, fire, flood, strike or labor trouble, pandemics, priorities or allocations adopted in conformance with any order or request of the federal government, or inability to get sufficient or suitable materials or transportation facilities. The Company shall not in any event be held liable for indirect or consequential damages. 18. RESPONSIBILITY a. The Dealer assumes all responsibility for direct physical damage to ordered Products after the Company delivers the Product to the carrier for shipment to the Dealer, and no such loss or damage from any cause during the period between such delivery and the Dealer's settlement thereof in full, shall relieve the Dealer from any obligations hereunder. b. No claims for shortage in shipment under this Agreement will be considered by the Company unless made within ten (10) days after receipt of the products by the Dealer. 19.lam$ The Dealer agrees to pay any and all sales or use taxes applicable against the Products purchased under this Agreement. 20. NON ENFORCEMENT The Dealer agrees that non -enforcement by the Company of any of the provisions of this contract shall not be a waiver of or in any way affect, the Company's right to enforce each and every provision. 21. NO ASSIGNMENT The Agreement is not assignable in whole or in part by either party. 22. pURATION OF AGREEMENT a. This Agreement shall continue for one (1) year and then renew for successive one (1) year terms unless notice of non -renewal is provided not less than sixty (60) days before the end of any term. b. This Agreement may be terminated by either party if any substantial breach of this Agreement shall continue uncorrected for three (3) months after written notice. c. This Agreement is terminated upon immediate notice when any one of the following events occurs: 1) Bankruptcy. 2) General Assignment for the benefit of the creditors. 3) Failure to pay agreed billings when such failure to pay billings is not corrected within a period of thirty (30) days. 4) Any material change in the ownership or control of the Dealership without advance approval of the Company. d. The termination of this Agreement by either party shall not affect the liability of one party to the other on account of business previously consummated hereunder, and final settlement thereof shall 3 be upon the same basis as if this Agreement were continuing, provided, however, that the Company shall have the right {1) to apply any indebtedness of the Dealer to the Company against any indebtedness of the Company to the Dealer arising out of the purchase by the Company of products as hereinabove provided, and (2) to apply any discounts and sums due or to become due to the Dealer against any sums or accounts due or to become due from the Dealer to the Company. e. Products purchased from the Company and not paid for by the Dealer at time of termination shall be maintained by the Dealer in good condition and subject to disposition by the Company at its discretion at the time of terminating the contract. 23. RE -PURCHASE OPTION a. Upon termination of this Agreement, the Company shall have the right to cancel all unfilled orders of the Dealer previously accepted by the Company, except those required by the Dealer to meet definite written sales commitments. In such cases, however, the Dealer shall make cash payment in full for such Products when the same are ready for shipment. b. Upon termination by the Company (1) the Dealer may at its option sell to Company, and Company shall buy from Dealer, or (2) in the event that Dealer is financially indebted to Company and fails to pay such indebtedness in full on or before the effective date of termination, Company may at its option require Dealer to sell to Company, f.o.b. Company's factory, Products purchased by the Dealer from the Company as follows: All Products purchased which in the opinion of the Company are current and are determined by inspection at the factory to be in new and good condition, at the net price at which same were purchased, less fifteen (15) percent of such net prices. Company may exclude any product, part, or accessory which is not in original boxes and in merchantable condition. This re -purchase option is valid for only twelve (12) months from the date of termination of the Parts Dealer Sales and Service Agreement. c. The Dealer hereby expressly waives any and all claims for freight storage, taxes, or charges of any nature on any products which may be re -purchased hereunder. 24. RETURN OF MATERIAL a. Upon termination of this Agreement, the Dealer agrees to return to the Company all Price Lists, Parts Catalogs, Master Numerical Index, Directories, and Advertising Literature furnished by the Company. b. Upon termination of this Agreement, the Dealer shall remove from his letterheads, advertising literature and places of business all reference to the Company and shall not thereafter use any similar name or do any other act tending to impair trademarks, trade names, and confidential material belonging to the Company. 4 25. INDEMNITY Company shall indemnify and hold Dealer, its officers, employees, agents, and affiliated companies, harmless from all claims, actions, suits, judgments, liabilities, losses, costs and expenses, including reasonable attorneys' fees, which result from personal injury (including death) or property damage arising from any negligent act, omission or misrepresentation of Company, including, without limitation, any injury or damage to any party or any property resulting from alleged defects in Products or machinery manufactured by Wiggins. Dealer shall indemnify and hold Company, its officers, employees, agents, and its affiliated companies harmless from any and all claims, actions, suits, judgments, liabilities, losses, costs and expenses, including reasonable attorneys' fees, which result from personal injury (including death) or property damage arising from any negligent act, omission or misrepresentation of Dealer, including, without limitation: (i) removal or alteration of any safety devices or guards from products by Dealer unless consented to by Company; (ii) overloading or other improper operation, maintenance, repair or alteration of products by Dealer; and (iii) all misuse and abuse of products by Dealer. Upon final resolution of any claim for which Company is indemnified hereunder. Dealer shall reimburse Company only to the extent of Dealer's responsibility hereunder. NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES. The agreements of indemnification contained in this paragraph 26 shall survive the termination of this Agreement and be binding on the successors and assigns of the parties hereto. 26. INSURANCE Each party shall maintain during the term of this Agreement appropriate Comprehensive General Liability Insurance including (i) products and completed operations coverage and (ii) contractual liability coverage for the hold harmless clause contained in Paragraph 24 of this Agreement. Each party shall, within ten (10) days of the date of this Agreement, furnish the other with certificates of insurance evidencing such coverages, which certificates shall require not less than thirty (30) days' advance written notice to the other party prior to cancellation or material change in coverage. Each party shall furnish the other certificates of insurance within ten (10) days of each renewal of such insurance coverages. 27. AGREEMENT CHANGES This Agreement supersedes and cancels all previous Dealer Agreements, whether oral or written, between the parties hereto. ALL OF THE TERMS AND PROVISIONS OF THE AGREEMENT BETWEEN THE PARTIES HERETO ARE FULLY SET FORTH HEREIN, AND NO REPRESENTATIVE, SALESMAN, OR OTHER PARTY IS AUTHORIZED TO BIND THE COMPANY BY ANY AGREEMENT, WARRANTY, STATEMENT, PROMISE, OR UNDERSTANDING NOT HEREIN EXPRESSED. THIS AGREEMENT MAY BE MODIFIED ONLY BY SUBSEQUENT WRITTEN AGREEMENT EXECUTED BY THE PARTIES WITH THE SAME FORMALITIES AS THIS ONE 28. MISCELLANEOUS a. The Dealer acknowledges and agrees that the proper condition of his business with the Company under this Agreement requires that he at all times have a proper amount of net working capital, 5 and Dealer further agrees to provide proper management for his business. b. This Agreement shall be construed in accordance with the laws of the State of California. c. The giving of any notice required herein shall be accomplished by depositing in the United States mail a letter containing said notice and addressed to the addressee's last known address, and marked "Certified Mail, Return Receipt Requested" or by the use of a private overnight mail service which has proof of delivery protocols. The period of notice required shall begin to run from the date entered upon the returned receipt as the date said notice was received. d. THE PARTIES AGREE THAT THEY ARE INDEPENDENT BUSINESSMEN WHO HAVE JOINED TOGETHER FOR THEIR MUTUAL BENEFIT, BUT ONLY TO BEST REALIZE THEIR INDIVIDUAL GOALS, AND THAT THEY ARE NOT INVOLVED IN, AND IT IS NOT THEIR INTENT TO CREATE, A PARTNERSHIP, A JOINT VENTURE, A FIDUCIARY RELATIONSHIP, OR ANY OTHER TYPE OR RELATIONSHIP GROUNDED UPON TRUST, OR CONFIDENCE, OR ANY PRINCIPLE OF EQUITY, BUT THAT THEIR RELATIONSHIP IS SPECIFICALLY, EXCLUSIVELY, AND SOLELY A CONTRACTUAL RELATIONSHIP, TO BE GOVERNED BY THE TERMS OF THIS AGREEMENT, AND CONSTRUED UNDER THE TRADITIONAL PRINCIPLES OF CONTRACT LAW. In conjunction therewith, the Company agrees that it has the following obligations to the Dealer: 1) The Company agrees to supply to the Dealer Wiggins's Products for sale to the public with the standard Wiggins Warranty. 2) The Company agrees to supply to the Dealer, pursuant to the terms of this Agreement, the location, if known, of all Wiggins machines in the territory, including the name and address of the last known owner of the machine. 3) The Company agrees to provide the Dealer, upon request, technical assistance regarding the use of Wiggins machines, and the correction of problems which from time to time may appear in connection with the use of Wiggins machines. 4) The Company agrees to provide the Dealer, upon request, with the necessary service bulletins and manuals necessary to enable Dealer's service personnel to properly service Wiggins equipment. 5) The Company agrees to provide, upon request, from time to time, training schools for the training of Dealer's sales and service personnel, at Company's expense, excluding travel and per diem of Dealer personnel. 6) The Company agrees to administer a warranty reimbursement program to reimburse the Dealer, according to the terms of the Wiggins Lift Co., Inc. standard warranty. 7) The Company agrees to provide trained, experienced, personnel, either at its home office, or in the field, who will assist the Dealer, insofar as is practicable, in any problems which the Dealer may encounter, which the parties may not have foreseen at the time of entering into this Agreement. The Company and the Dealer pledge to deal fairly and in good faith with each other in their business relations pursuant to this Agreement. 8) The Company agrees to maintain a current MSRP for all Products sold hereunder. IN WITNESS WHEREOF, these presents have been signed this 21 day of April , 20 23 WIGGINS LIFT CO., INC. BY: --- TITLE: if() MARINA TRUCK SALES, LLC BY: TITLE: President MARINA TRUCK SALES LLC. Company: Customer: Model: r wIGGl1 LIFT CO. INC. IV Marine Stadium Marina - City of Miami Quotation #: Marine Stadium Marina - City of Miami Date: W3.2M2-120-42/12 Clear View LOPRO TM MARINA TRUCK SALES LLC. 012406 2/2/24 CUSTOM WIGGINS MARINA BULL Mast Custom Engineered Protective and Marine Coating System: Capacity Capacity Capacity Capacity Lift Height M2 Lowered Height M2 Fork Length Carriage Fork Positioners Fork Spread Side Shift Engine Engine Shutdown Transmission Front Drive Axle Rear Steer Axle Tires Width Wheel Base Length Turning Radius Empty Weight Operator Console Hydraulic Controls Working Lights Mirrors Safety Equipment Gauges StabiLiftTm StabiLockTm AutoLube Paint / Decals Undercoating Backup Camera Two -Stage, Full Free -Lift, with a safety indicator line to alert operator when inner mast section is in safe carry position 3 part High Solids Zinc Cladding -Organic Zinc -Rich Epoxy Primer over clean steel 2 part Epoxy Intermediate Primer; 2 part Urethane top coat - UV and Abrasion Resistant; 15 mil Frame and Mast Urethane Undercoating Corrosion Protected fittings on 19,050 Ibs @ 168 in LC 18,563 Ibs @ 144 in LC 10,735 Ibs @ 120 in LC 8,250 Ibs @ 96 in LC carriage. 4ft 15ft 30ft 42ft Wiggins Drive Capacity Wiggins Rack Capacity Wiggins Rack Capacity Wiggins Rack Capacity 42 Positve 12 Neg 328 in 22ft Rubber Extruded Covered 104in Wide Hydraulically Actuated Fork Swing 150in Open to 20in Closed 18in Side Swing Cummins QSB6.7 174HP Tier 4 High temp/low oil pressure 3 Speed Auto TE14 Planetary with hydraulically actuated wet disc brakes Pivotal center trunion axle with double ended steer cylinder Equivalent Capacities 25,000 Ibs @ 96 in LC 20,000 Ibs @ 96 in LC 13,500 Ibs @ 96 in LC 8,250 Ibs @ 96 in LC Galvanized Galvanized JD1400 Front Drive: 1200 x 20 Solid Black Lug Rear Steers: 1200 x 20 Solid Black Lug 104 in 120 in 205 in 186 in 87,250 Ibs Approx. Clear View / Offset Operator console with composite Non -rusting materials, designed for maximum ease of maintenance and service. Adjustable air ride seat, tilt steering column, cup holder, mirrors package, and roof window. Standard - (1) 2 Axis & (4) 1 Axis Joysticks 6 LED mast lights & 1 fwd/1 rear LED light bar on OHG 3 Mirrors - 1 Cab, 2 RH/LH Front Fenders Back-up alarm, horn, amber flashing light, and FOPS over head protection. IQAN MD4 Display with backup camera: Temps, Oil Pres., Fuel, Volt & Hour Meter 3 Light Safety Lift System & Digital Scale Not Required See Below Standard Marina Bull Colors Standard Decals Underside of frame and bottom 4' of mast Included PO Box 5187 Oxnard, CA 93031-5187 Phone: 805.485.7821 Fax: 805.485.5230 www.wigginslift.com r !� MARINA wIGCGINs ARINA TRUCKSALESLLC. NIVTRUCKSALESLLC. Continued from page 1 Customer: Marine Stadium Marina - City of Miami Quotation #: 012406 Model: W3.2M2-120-42/12 Date: 2/2/24 Price Per Month $ 24,800.00 Includes all scheduled maintenance. 2000 hours a year allowance, Includes monthly lube service. Does not include operator damage and wear items, refer to warranty sheet for wear items. Delivery TBD Delivery per unit. Customer can use our shipper or source out a freight company Waiting on for better rates. This price is based on today's rate and is subject to change prior Quote to leaving the factory. If customer decides to use our freight company, the customer will be responsible for paying the freight company direct. Set Up Not Included Shipping Lead Time 300-400 days Standard lead time Balance Due Upon completion and prior to leaving the factory Accepted By: (Signature) (Print Name) Purchase Order: Date Accepted: These prices do not include any local or state sales taxes that may be applicable. These prices are based on today's fuel costs and delivery. A fuel surcharge may be added. Complies with ANSI/ITSDF B56.1 - 2012 Safety Standard for Low Lift and High Lift Trucks PO Box 5187 Oxnard, CA 93031-5187 Phone: 805.485.7821 Fax: 805.485.5230 www.wigginslift.com TERMS AND CONDITIONS OF SALE ANY AGREEMENTS TO PURCHASE GOODS FROM MARINA TRUCK SALES LLC OR ITS AFFILIATES OR RELATED ENTITIES ("SELLER") IS EXPRESSLY CONDITIONED ON THE FOLLOWING TERMS AND CONDITIONS: These Terms and Conditions of Sale apply to all purchases made by Buyer from Seller and all quotations or invoices submitted by Seller to Buyer. They shall automatically become part of all invoice contracts, unless Seller and Buyer expressly agree otherwise in a signed writing with an express reference to their intention to vary, amend, or modify these Terms and Conditions. QUOTATIONS: All quotations made by Seller are subject to change without notice, subject to prior sale, and unless otherwise noted, are for immediate acceptance, and if accepted, are subject to these Terms and Conditions alone. Seller reserves the right to cancel contracts upon which full specifications are not given to them within a reasonable time. Buyer will not cancel orders for special materials after acceptance by Seller without the written consent of Seller, and such cancellation may be subject to reasonable restocking fees or other charges in Seller's sole discretion. PURCHASE ORDERS: Acceptance of any Purchase Order by Seller is expressly conditioned upon acceptance of these Terms & Conditions and no term or condition of a purchase order shall vary. amend. modify. limit. alter. or change these Terms and Conditions. CONFIRMING ORDERS: Written purchase orders marked "Confirming" shall refer to a verbal purchase order. Any written purchase order not marked "Confirming" shall be treated as an original purchase order, which shall be subject to these Terms and Conditions. Such orders are the responsibility of the Buyer. Verbal orders are accepted at the Buyer's risk, and if shipment should occur before written confirmation of the order is received, it is understood that it is done for the special convenience of the Buyer. WARRANTY AND LIABILITY: Seller warrants that goods sold to Buyer will conform to the description stated herein, subject to tolerances and variations consistent with current trade practices, practical testing and inspection methods. SELLER MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTY OF MERCHANTABILITY OR THE WARRANTY OF FITNESS FOR PARTICULAR PURPOSE UNLESS EXPRESSLY CONTAINED IN WRITING WITHIN A QUOTATION OR INVOICE. Seller's liability on any claim, whether in tort or in contract, and whether on account of Seller's delivery of nonconforming goods or non -delivery, shall be limited to repair or replacement of the defective or nonconforming goods or repayment of the purchase price as Seller may in its sole discretion elect. IN NO EVENT SHALL SELLER HAVE ANY LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, DAMAGE TO GOODWILL, LOSS OF TIME, INCONVENIENCE, ANY OTHER COMMERCIAL OR ECONOMIC LOSS, OR PUNITIVE DAMAGES, and in no event shall Seller be liable for damages exceeding the purchase price to be paid to Seller. CLAIMS PROCEDURE: Buyer agrees to inspect all goods upon delivery and no claims for shortages or delivery of nonconforming goods will be honored by Seller unless Buyer provides Seller with written notice of such a claim within 30 days of delivery. In no event shall Seller pay or be liable for any claim resulting from the installation, alteration, or repair of apparently improper, defective, or damaged goods. BUYER MUST INSTITUTE LEGAL ACTION ON ALL CLAIMS AGAINST SELLER WITHIN ONE YEAR OF DELIVERY UNLESS A LONGER WARRANTY PERIOD EXPRESSLY APPLIES IN WRITING FROM SELLER. No action may be maintained by the Buyer which is not commenced within such period notwithstanding any statutory period of limitations to the contrary. DELAYS: Seller shall not be liable by reason of any delay in performance of shipment arising from casualty, riots, acts of God, governmental regulation, material, supply or transportation availability, labor difficulties, embargoes or any other cause beyond its control, and if such delay shall extend beyond 30 days, Seller may invoice Buyer for goods delivered. Receipt of goods by Buyer shall constitute acceptance of delivery and WAIVER OF ALL CLAIMS FOR LOSS OR DAMAGE DUE TO DELAY. TERMS OF PAYMENT: Terms, unless otherwise expressly set forth on a quotation or invoice, are net cash 30 days from the date of each invoice. All payments received after 30 days from the date of the invoice shall be subject to an interest charge at the rate of 1.5% per month or the maximum lawful rate of interest, whichever is less. CREDIT: Seller reserves the right at any time to suspend or change credit terms as stated on Seller's credit application, or to require full or partial payment in advance if, in Seller's sole opinion, the financial condition of Buyer so warrants. Unless Seller expressly provides otherwise, the Terms and Conditions of Sale are incorporated by reference into the credit terms. SHIPPING: Buyer assumes responsibility for loss and damage once the goods are in possession of Buyer or Buyer's carrier. EXPENSES AND ATTORNEYS' FEES: Buyer agrees to pay Seller's costs, expenses and attorneys fees incurred or paid by Seller to enforce Buyer's obligations or Seller's rights hereunder, in collecting any money due from Buyer or in successfully defending against any claim made by Buyer. GOVERNING LAW: Buyer agrees that this Agreement shall be construed in accordance with and governed by the laws of the state of Illinois. Venue for all actions involving Seller and Buyer shall be in DuPage County, Illinois, and Buyer irrevocably waives its right to institute an action in any other venue or jurisdiction. AMENDMENTS: No portion or provision of these Terms and Conditions may be changed, modified, amended, waived, supplemented, discharged, canceled or terminated orally, or by any course of dealing, or in any manner other than by a formal written agreement, signed and executed by all parties hereto, except that emails, text messages, or handwritten notes shall not be a sufficient basis upon which to amend these Terms and Conditions. ENTIRE AGREEMENT/MERGER: These Terms and Conditions contain the entire agreement of the Parties with regard to the matters described herein, and supersedes any and all prior negotiations, correspondence, understandings, representations, communications, whether written or oral, and agreements between the Parties with respect to the subject matter hereof. SEVERABILITY: If any provision of this agreement is determined to be invalid by a court of competent jurisdiction, the remaining Terms and Conditions shall remain in full force and effect. WIGGINS LIFT TRUCK LIMITED WARRANTY WARRANTY PERIOD Wiggins Lift Co., Inc. (WLC) warrants new fork lift truck products and other products manufactured by WLC associated with new fork lift trucks to be free, under normal use and with proper maintenance, from defects in workmanship or material and in compliance with the design and construction specifications of: 1) Part II ANSI 856.6 as required by OSHA standard 1910.176(b)(2); 2) Part III ANSI 856.1, revision in effect at the time of manufacture; 3) fire protection designation (G,LPG,D,E,etc) specified on the product if applicable for 12 months or 2,000 hours of operation, whichever occurs first from the date the truck is placed into service or from the date of delivery to the original customer from an authorized Wiggins dealer. See "What is Covered" and "What is Excluded" on Coverages Page. WLC RESPONSIBILITIES If a defect in material or workmanship is identified during the Warranty Period, Wiggins will, during normal working hours and through a place of business of a Wiggins Fork Lift Truck dealer or other WLC authorized source: • Provide (at WLC's choice) new, remanufactured or WLC —approved repaired parts or assembled components needed to correct the defect. • NOTE: Items replaced under the Warranty become the property of WLC. • NOTE: Repair work will be done on -site, without removal of parts or machine to a separate location. Transportation cost to any off -site location is not covered. • Replace lubricating oil, filters, antifreeze and other service items made unusable by the defect. • Provide labor to correct the defect. • Up to 2.5 hrs mechanic travel time each way. Issue should be resolved on first visit. Wiggins is NOT responsible for the following: • Any use or installation which WLC determines improper. • Repairs by other than a WLC authorized repair facility. • Reimbursement of travel time in excess of 2.5 hours each way. • Abuse, accident, neglect and/or improper repair or storage. • Any parts or accessories installed on a Wiggins Lift Truck which were not manufactured, recommended or installed by WLC including, without limitation, forks, attachments, masts, tires, and batteries. Claims with respect to such items, if any, shall be made solely to the respective manufacturer. • Loss of time, loss of equipment use, other consequential damage or other matters not specifically included. Parts replaced under this Warranty are warranted for the remainder of the original Warranty Period for the Wiggins Fork Lift Truck. WLC reserves the right to make any changes in design and improvement without incurring any obligation to incorporate such improvements in any product already shipped from its factory premises or which is in the hands of a customer. TRUCKS WITH KNOWN FAILED OR DEFECTIVE PARTS MUST BE IMMEDIATELY REMOVED FROM SERVICE. CUSTOMER RESPONSIBILITIES: The customer is responsible for: • All transportation expenses, if any, related to a claim under this Warranty • Labor expenses, except as stated under "WLC Responsibilities" • Customer must provide opportunity for repair work to be done on -site. • Federal, State and local taxes, if applicable. • Parts shipping charges in excess of those which are usual and customary. • Expenses to investigate complaints, unless the problem is caused by a defect in WLC material or workmanship. • Giving WLC notice within 30 days of defect covered by the Warranty and promptly making the Wiggins Fork Lift Truck available for repair. All claims for coverage under the warranty must be filed with WLC no later than thirty (30) days after the expiration of the Warranty Period. • Giving timely prior written notice of the transfer of ownership of the Wiggins Fork Lift Truck covered to this Warranty. Any transfer of ownership of the Wiggins Fork Lift Truck covered by this Warranty will be covered only for the remainder of the Warranty Period, if any. NOTE: All intemational Warranty parts shipments are F.O.B. point of debarkation, duties and tariffs included, (local taxes excluded). This warranty requires timely maintenance, lubrication, fastener tightening, and periodic inspection of the Wiggins Fork Lift Truck as indicated in the operator's manual furnished with each Wiggins Fork Lift Truck. The cost of routine maintenance and service is the responsibility of the customer. The customer is required to keep documented evidence of when and by whom maintenance and service are performed. WARRANTY LIMITATIONS / DISCLAIMERS THE FOREGOING SHALL CONSTITUTE THE SOLE AND EXCLUSIVE REMEDY OF ANY OWNER OF A WIGGINS FORK LIFT AND THE SOLE AND EXCLUSIVE RESPONSIBILITY OF WLC, AND IN LIEU OF ALL OTHER WARRANTIES EXPRESSED, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABLILTY, OR FITNESS FOR A PARTICULAR PURPOSE. WLC NEITHER ASSUMES NOR AUTHORIZES ANY PERSONS TO ASSUME FOR IT ANY OTHER OBLIGATION OR RESPONSIBILITY IN CONNECTION WITH THIS WIGGINS FORK LIFT TRUCK WARRANTY. IN NO EVENT SHALL WLC BE RESPONSIBLE FOR DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, OR ANY DELAY OR ECONOMIC OR COMMERCIAL LOSS RESULTING FROM WLC'S PERFORMANCE OR NON-PERFORMANCE UNDER THIS WARRANTY. THIS WARRANTY IS EXPRESSLY IN LIEU OF ALL WARRANTIES, OBLIGATIONS OR RESPONSIBILITIES OF WIGGINS' DEALERS, EXPRESSED, IMPLIED OR STATUTORY. WARRANTY COVERAGE IS NOT EXTENDED TO REPAIRS OR PARTS AND SERVICE REQUIRED AS A RESULT OF NORMAL OR ACCELERATED WEAR AND TEAR, NOR IS IT EXTENDED TO PERIODIC MAINTENANCE WHICH IS PERFORMED IN ACCORDANCE WITH PUBLISHED SCHEDULES. See "What is Covered" and "What is Excluded" on Coverages Page. MODEL: SERIAL NO.: MAINTENANCE WIGGINS DEALER: CUSTOMER: DATE: WIGGINS LIFT TRUCK LIMITED WARRANTY - COVERAGES PAGE WHAT IS INCLUDED (BUT NOT LIMITED TO) WHAT IS EXCLUDED (BUT NOT LIMITED TO) 1 Years or 2,000 hours, whichever occurs first • All welded structures such as o Frame o Steer Axle Beam o Mast o Forks (as applicable) o Carriage o Counterweight o Wheels (Nuts must be torqued to spec) • Powertrain (Preventive Maintenance must be followed) o Engine — Contact nearest authorized distributor o Transmission — Contact nearest authorized distributor o Drive Axle - Contact nearest authorized distributor o Driveline o Parking Brake (excluding wear pads) • Hydraulics (Preventive Maintenance must be followed and hydraulic pressure must be set to factory spec — see Manual) o Pumps (excluding seals) o Solenoid Valves o Control Valves (excluding seals) o Cylinders (excluding seals) • Electronics and Electrical (Daily Checks for corrosion must be performed — issues related to corrosion not covered) o Controllers o Display o Remote Control o Safety Sensors o Wire Harnesses, Connectors, Switches (Inspect frequently) • Wear Pads on Forks, Carriage, Mast • Bearings, Bushings, Hinges, Carriage Blocks (must be tubed) • Wheel nuts, wheel studs (Torque checked weekly) 90 Days • Fork Covers (hold down bolts must be kept tightened) • Cylinder Seal Kits; Pump Seals; other hydraulic seals • Hydraulic Hoses (Any loose fittings need to be tightened by Owner) • LED Lights & Cameras (both backup & forward) • Paint (All chips, scratches, and rust spots must be repaired promptly by Owner. Operating in or near salt water requires daily fresh water wash — See Operating Manual) • Preventive Maintenance Services • Damage due to improper use • Damage due to contaminated hydraulic fluid • Belts, Seat Cushions and Arms • Hydraulic leaks due to loose fittings after 30 days • Lights and bulbs after 90 days • Cylinder seals after 90 days • Filters and Fluids • Wheels, wheel nuts, wheel studs due to over tightening or under tightening (See manual for specifications) • Wheel nuts, wheel studs after 1 year • Part failure or accelerated wear due to improper maintenance • Bearings, Bushings, Hinges, Carriage Blocks due to lack of grease • Any moving parts operating without proper lubrication • For warranty claims on engine, transmission, drive axle, or tires, contact nearest authorized product distributor Procedure for Filing a Claim • Consult with Dealer, Mechanic, or Wiggins Factory for Prior Authorization for Warranty Work. (Time Critical exceptions handled on a case -by -case basis.) • Fill out Claim Form with as much information as possible o Work with your Dealer to describe problem and corrective actions taken. o Include photos when applicable. o Include Part Numbers, Part Serial Numbers whenever possible. o Include Wiggins Serial Number, In -Service Date. • Make sure that faulty part is returned to Wiggins Factory • Reimbursement will occur only after claim is approved and faulty part is received by Wiggins. Titu of 41Thtrni ANNIE PEREZ, CPPO ARTHUR NORIEGA V Director of Procurement City Manager ADDENDUM NO. 3 IFB 1719386 February 2, 2024 Invitation for Bid ("IFB") Lease of a Marina Forklift TO: ALL PROSPECTIVE BIDDERS: The following changes, additions, clarifications, and deletions amend the IFB documents of the above captioned IFB and shall become an integral part of the Contract Documents. Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall be added. The remaining provisions are now in effect and remain unchanged. Please note the contents herein and affix it to the documents you have on hand. IFB's closing date and time has been changed to Friday, February 9, 2024, at 3:00 P.M. ALL OTHER TERMS AND CONDITIONS OF THE IFB REMAIN THE SAME. THIS ADDENDUM IS AN ESSENTIAL PORTION OF THE IFB AND SHALL BE MADE A PART THEREOF. yaela- 4. r -a.E/- for Annie Perez, CPPO Chief Procurement Officer/Director Procurement Department AP:ts c. Larry Spring, Assistant City Manager, Chief Financial Officer Andrew Frey, Director, Real Estate and Asset Management Pablo Velez, Senior Assistant City Attorney Yadissa A. Calderon, CPPB, NIGP-CPP, Assistant Director of Procurement This Addendum shall be signed by an authorized representative and dated by the Bidder and submitted as proof of receipt with the submission of the Bid. NAME OF FIRM: Forklift Exchange Inc. DATE: 3/7/24 SIGNATURE: L"47144/ TABULATION OF BIDS IFB 1719386, Lease of Marina Forklift Forklift Exchange Forklift Exchange - BAFO Item Description Est. Qty UOM Unit Price Unit Price 1 Monthly Cost per Forklift (Terms is thirty-six (36) months, with a yearly allowance of 2000 hours) 1 Month $24,800.00 $24,800.00 Total Prepared by: Teresa Soto, March, 2024 $24,800.00 $24,800.00 Lowest Bid Approved by: B1 idI-rite!" ANNIE PEREZ, CPPO Director of Procurement Titu of ��itt�ri ADDENDUM NO. 3 ARTHUR NORIEGA V City Manager IFB 1719386 February 2, 2024 Invitation for Bid ("IFB") Lease of a Marina Forklift TO: ALL PROSPECTIVE BIDDERS: The following changes, additions, clarifications, and deletions amend the IFB documents of the above captioned IFB and shall become an integral part of the Contract Documents. Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall be added. The remaining provisions are now in effect and remain unchanged. Please note the contents herein and affix it to the documents you have on hand. IFB's closing date and time has been changed to Friday, February 9, 2024, at 3:00 P.M. ALL OTHER TERMS AND CONDITIONS OF THE IFB REMAIN THE SAME. THIS ADDENDUM IS AN ESSENTIAL PORTION OF THE IFB AND SHALL BE MADE A PART THEREOF. yaded-a-a-�� 4. aE /- for Annie Perez, CPPO Chief Procurement Officer/Director Procurement Department AP:ts c. Larry Spring, Assistant City Manager, Chief Financial Officer Andrew Frey, Director, Real Estate and Asset Management Pablo Velez, Senior Assistant City Attorney Yadissa A. Calderon, CPPB, NIGP-CPP, Assistant Director of Procurement This Addendum shall be signed by an authorized representative and dated by the Bidder and submitted as proof of receipt with the submission of the Bid. NAME OF FIRM: DATE: SIGNATURE: ANNIE PEREZ, CPPO Director of Procurement Titu of ��itt�ri ADDENDUM NO. 2 ARTHUR NORIEGA V City Manager IFB 1719386 January 19, 2024 Invitation for Bid ("IFB") Lease of a Marina Forklift TO: ALL PROSPECTIVE BIDDERS: The following changes, additions, clarifications, and deletions amend the IFB documents of the above captioned IFB and shall become an integral part of the Contract Documents. Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall be added. The remaining provisions are now in effect and remain unchanged. Please note the contents herein and reflect same on the documents you have on hand. IFB's closing date and time has been changed to Friday, February 2, 2024, at 3:00 P.M. ALL OTHER TERMS AND CONDITIONS OF THE IFB REMAIN THE SAME. THIS ADDENDUM IS AN ESSENTIAL PORTION OF THE IFB AND SHALL BE MADE A PART THEREOF. Annie Perez, CPPO Chief Procurement Officer/Director Procurement Department AP:ts c. Larry Spring, Assistant City Manager, Chief Financial Officer Andrew Frey, Director, Real Estate and Asset Management Pablo Velez, Senior Assistant City Attorney Yadissa A. Calderon, CPPB, NIGP-CPP, Assistant Director of Procurement This Addendum shall be signed by an authorized representative and dated by the Bidder and submitted as proof of receipt with the submission of the Bid. NAME OF FIRM: DATE: SIGNATURE: ANNIE PEREZ, CPPO Director of Procurement Titu of 4Thami ADDENDUM NO. 1 ARTHUR NORIEGA V City Manager IFB 1719386 January 16, 2024 Invitation for Bid ("IFB") Lease of a Marina Forklift TO: ALL PROSPECTIVE BIDDERS: The following changes, additions, clarifications, and deletions amend the IFB documents of the above captioned IFB and shall become an integral part of the Contract Documents. Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall be added. The remaining provisions are now in effect and remain unchanged. Please note the contents herein and reflect same on the documents you have on hand. IFB's closing date and time has been changed to Thursday, January 15, 2024, at 3:00 P.M. ALL OTHER TERMS AND CONDITIONS OF THE IFB REMAIN THE SAME. THIS ADDENDUM IS AN ESSENTIAL PORTION OF THE IFB AND SHALL BE MADE A PART THEREOF. Annie Perez, CPPO Chief Procurement Officer/Director Procurement Department AP:ts c. Larry Spring, Assistant City Manager, Chief Financial Officer Andrew Frey, Director, Real Estate and Asset Management Pablo Velez, Senior Assistant City Attorney Yadissa A. Calderon, CPPB, NIGP-CPP, Assistant Director of Procurement This Addendum shall be signed by an authorized representative and dated by the Bidder and submitted as proof of receipt with the submission of the Bid. NAME OF FIRM: DATE: SIGNATURE: City of Miami Invitation for Bid (IFB) Procurement Department Miami Riverside Center 444 SW 2°°Avenue, 6' Floor Miami, Florida 33130 Web Site Address: www.miamigov.com/procurement IFB Number: IFB Title: Issue Date/Time: Closing Date/Time: Pre-Bid/Pre-Proposal Conference: Pre-Bid/Pre-Proposal Date/Time: Pre-Bid/Pre-Proposal Location: Deadline for Request for Clarification: Contracting Officer: Contracting Officer E-Mail Address: Contracting Officer Facsimile: 1719386, 3 Invitation for Bid for the Lease of a Marina Forklift 22-DEC-2023 @ 9:00 A.M. 09-FEB-2024 @ 3:00 P.M. Voluntary 28-DEC-2023 @ 10:00 A.M. Virtual via Microsoft TEAMS 08-JAN-2024 @ 5:00 P.M. Soto, Teresa Tsoto@miamigov.com (305)400-5024 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: PROPOSER NAME: ADDRESS: PHONE: FAX: EMAIL: CELL(Optional): SIGNED BY: TITLE: DATE: FAILURE TO COMPLETE, SIGN, AND RETURN THIS FORM SHALL DISQUALIFY THIS RESPONSE. Certifications Legal Name of Firm: Entity Type: Partnership, Sole Proprietorship, Corporation, etc. Year Established: Office Location: City of Miami, Miami -Dade County, or Other Federal Employee Identification Number (FEIN) Business Tax Receipt/Occupational License Number: Business Tax Receipt/Occupational License Issuing Agency: Business Tax Receipt/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, 01/01/2023). If no addendum/addenda was/were issued, please insert N/A. If Bidder has a Local Office, as defined under Chapter 18/Article 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 Document Section of BidSync.) Reference No. 1: Name of Company/Agency for which bidder is currently providing the services/goods as described in this solicitation, or has provided such services/goods in the past: Reference No. 1: Address, City, State, and Zip for above reference company/agency listed: Reference No. 1: Name of Contact Person, Telephone Number and Email Address 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, Telephone Number, and Email Address 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, Telephone Number, and Email Address for above Reference No. 3 Reference No. 3: Date of Contract or Sale for above Reference No. 3 Are the copies of Wiggins Franchise or Dealer Sales and Service documentation included with your submission? YES OR NO? No bids will be considered without the Authorized Wiggins Dealer Sales and Service documentation. If the Bidder requires the City to sign a Dealer Lease Agreement, is the Dealer Lease included with your submission? YES OR NO? Please acknowledge that the following terms: Public Records, Prompt Payment Act (Chapter 218 of Florida Statutes 218.73, and 218.74), Indemnification, Insurance Requirements, Governing Law and Venue, Compliance with Federal, State, and Local Laws, and Counterparts can and will be included in the Dealer Lease Agreement, and which are not negotiable. YES OR NO? Does Bidder have any pending lawsuits with or against the City of Miami, any of its agencies and/or instrumentalities? (Yes or No) If Yes, please list. Does Bidder have any record of criminal activities? (Yes or No) If Yes, please list. Has Bidder declared bankruptcy within that past seven (7) years? (Yes or No) If Yes, when? Does Bidder have any prior or pending litigation, either civil or criminal, involving a governmental agency, or which may affect the performance of the services to be rendered herein, in which the Bidder, any of its employees, or subcontractors is, or has been involved in within the last five (5) years? (Yes or No) If Yes, please list. 1719386 Table of Contents Terms and Conditions 1. General Conditions 1.1. GENERAL TERMS AND CONDITIONS 2. Special Conditions 2.1. PURPOSE 2.2. PRE -BID CONFERENCE 2.3. DEADLINE FOR RECEIPT OF REQUEST FOR ADDITIONAL INFORMATION/CLARIFICATION 2.4. TERM OF CONTRACT 2.5. METHOD OF AWARD 2.6. COUNTERPARTS 2.7. BIDDER'S MINIMUM QUALIFICATION REQUIREMENTS 2.8. REFERENCES 2.9. TIE BIDS 2.10. INSURANCE REQUIREMENTS 2.11. LOCAL OFFICE PREFERENCE 2.12. PUBLIC ENTITY CRIMES 2.13. CITY OF MIAMI LIVING WAGE ORDINANCE 2.14. CURES 2.15. SUBMISSION OF RECEIPT OF BIDS 2.16. FORCE MAJEURE 2.17. PRODUCT INFORMATION 2.18. COMPLETE PROJECT REQUIRED 2.19. EMERGENCY SERVICE/CONTACT 2.20. PROJECT MANAGER 2.21. PARTS AT PASS -THROUGH COST 2.22. WARRANTY, FITNESS FOR PURPOSE 2.23. NO SUBSTITUTIONS 2.24. LABOR, SUPERVISION, AND EQUIPMENT 2.25. NON -APPROPRIATION OF FUNDS 2.26. FAILURE TO PERFORM 2.27. METHOD OF PAYMENT 2.28. DELAYS 2.29. DELIVERY 2.30. MATERIALS SHALL BE NEW AND WARRANTED AGAINST DEFECTS 2.31. LIQUIDATED DAMAGES 2.32. ADDITIONS/DELETIONS OF FACILITIES/PRODUCTS/ITEMS/SERVICES/SUPPLIERS 2.33. PRIMARY CLIENT (FIRST PRIORITY) 2.34. E-VERIFY EMPLOYMENT VERIFICATION 2.35. TERMINATION 2.36. ADDITIONAL TERMS AND CONDITIONS 3. Specifications 1719386 3.1. SPECIFICATIONS/SCOPE OF WORK 1719386 IMPORTANT NOTICE TO BIDDERS • NO BID BOND IS REQUIRED FOR THIS IFB. • REFER TO ATTACHMENT B - BID PRICE SHEET FOR THE LINE ITEM OF THIS IFB IN THE DOCUMENT SECTION OF BIDSYNC. • FAILURE TO COMPLETE, SIGN, AND UPLOAD THE CERTIFICATION STATEMENT AND CERTIFICATION SECTION WILL RENDER YOUR BID NON -RESPONSIVE. • ALL UPLOADS SHALL BE IN THE PDF FILE FORMAT. NO OTHER FILE FORMAT WILL BE ACCEPTDED BY THE CITY. • ATTACHMENT FILES SHALL BE NO MORE THAN 500MB IN SIZE EACH. SHOULD THERE BE A NEED FOR A LARGER SIZE FILE TO BE UPLOADED, SPLIT IN MULTIPLE FILES. • FOR ANY BIDSYNC TECHNICAL DIFFICULITES, AND/OR ISSUES, PLEASE CONTACT THE VENDOR SUPPORT TOLL -FREE NUMBER AT 800-990-9339, OR GO TO SUPPORT.BIDSYNC.COM, OR EMAIL BIDSYNC AT SUPPORT@BIDSYNC.COM. 1719386 Terms and Conditions 1. General Conditions 1.1.1. General Terms and Conditions for Invitation for Bids (IFB) 1. GENERAL TERMS AND CONDITIONS References to goods only apply insofar as they are applicable to "Goods" as defined in Section 18-73 of the City Code. References to "Professional and Personal Services" are as defined in Section 18-73 of the City Code. 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 - Any good(s) delivered under this Formal Solicitation, if applicable, shall remain the property of the Bidder 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 supplied to the City are found to be defective or do not conform to specifications, the City reserves the right to cancel the order upon written notice to the Successful Bidder/Contractor and return the product to the Successful Bidder/Contractor at the Successful Bidder/Contractor's expense. 1.2. ACCEPTANCE OF OFFER - The signed or electronic submission of a Bidder's response shall be considered an offer on the part of the Bidder; such offer shall be deemed accepted upon issuance by the City of a Purchase Order. 1.3. ACCEPTANCE/REJECTION — The City reserves the right to accept, reject any or all, or portion of responses after opening/closing date, and request re -issuance on the goods/services described in the Formal Solicitation. In the event of a rejection, the Director of Procurement shall notify all affected Bidders and provide a written explanation for such rejection. The City also reserves the right to reject the Response of any Bidder which has previously failed to properly perform under the Terms and Conditions of a City Contract, to deliver on time contracts of a similar nature, and which is not capable to perform the requirements defined in this Formal Solicitation. The foregoing is not an all-inclusive list of reasons for which a response may be rejected. The City further reserves the right to waive any irregularities, minor informalities, or technicalities in any or all responses and may, at its sole discretion, re -issue the Formal Solicitation. 1.4. ADDENDA — It is the Bidder's responsibility to ensure receipt of all Addenda. Responses to questions/inquiries from prospective Bidders will be provided in the form of an Addendum. Addenda are attached in the Documents Section of BidSync. 1.5. ALTERNATE RESPONSES — Alternate responses will not be considered, unless specifically requested by the City. 1719386 1.6. ASSIGNMENT — Successful Bidder/Contractor agrees not to subcontract, assign, transfer, convey, sublet, or pledge, encumber, or otherwise dispose of the resulting Contract, in whole or in part, or any or all of its right, title or interest herein, without City's prior written consent. 1.7. ATTORNEY'S FEES - In connection with any litigation, appellate, administrative, mediation and/or arbitration arising out of the resultingContract, each party shall bear their own attorney's fees through and including appellate litigation and any post judgment proceedings. 1.8. AUDIT RIGHTS AND RECORDS RETENTION - The Successful Bidder/Contractor 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 Successful Bidder/Contractor which are directly pertinent to this Formal Solicitation, for the purpose of audit, examination, excerpts, and transcriptions. The Successful Bidder/Contractor shall maintain and retain any and all of the books, documents, papers and records pertinent to the resulting Contract for three (3) years after the City makes final payment and all other pending matters are closed. Successful Bidder's/Contractor's failure to, or refusal to comply with this condition, shall result in the immediate cancellation of this Contract by the City. The Audit Rights set forth in Section 18-102 of the City Code apply as supplemental terms and are deemed as being incorporated by reference herein. 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/Contractor at the Contract price(s) established herein, when permissible by Federal, State, and local laws, rules, and regulations. Additionally, any governmental entity outside of the State of Florida but, within the Continental United States of America, may avail itself to this Contract and purchase any and all goods/services, specified herein from the Successful Bidder/Contractor at the Contract period(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 Contract will establish its own Contract, place its own orders, issue its own purchase orders, be invoiced there from and make its own payments, determine shipping terms and issue its own exemption certificates as required by the Successful Bidder/Contractor. 1.10. AWARD OF CONTRACT: A. The Formal Solicitation, any addenda issued, the Bidder's response, and the Purchase Order shall constitute the entire Contract, unless modified in accordance with any ensuing Contract, or amendment. B. The award of a Contract where there are Tie Bids, the tie breaker will be decided by the Director of Procurement or designee, in the instance that Tie Bids cannot be determined by applying Florida Statute 287.087, Preference to Business 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 Specifications/Scope of Work. Bidder may be found non -responsive if such documents are not submitted in a timely manner and if the form required by the City. Where Bidder is found non -responsive, the City, through action taken by the Department of Procurement, will void its acceptance of the Bidder's Response and may accept the Response from the next lowest responsive, responsible Bidder most advantageous to the City or may re -solicit for the goods/services. The City, at its sole discretion, may seek monetary restitution from Bidder and/or its bid bond or guaranty, and/or similar security, if applicable, as a result of damages or increased costs sustained as a result of the Bidder's failure to satisfy the City's requirements. 1719386 D. The term of the Contract shall be specified in one of three documents which shall be issued to the Successful Bidder. These documents may either be, a Purchase Order, Notice of Award and/or Contract Award Sheet. E. The City reserves the right to automatically extend this Contract for up to one hundred eighty (180) 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 to extend is exercised, the City shall notify the Successful Bidder/Contractor, in writing, of its intent to extend the Contract in accordance with the existing terms and conditions for a specified number of days. Additional extensions beyond the first one hundred eighty (180) day extension may occur, if, the City and the Successful Bidder/Contractor are in mutual agreement of such extensions. F. Where the Contract involves a single shipment of goods to the City, the Contract term shall conclude upon completion of the expressed or implied warranty periods. G. The City reserves the right to award the Contract on a split -order, lump sum or individual -item basis, or such method of award in the best interest of the City, unless otherwise specified. H. Contract may be awarded to the Successful Bidder/Contractor by the City Commission based upon the minimum qualification requirements reflected herein. 1.11. BID BOND/ BID SECURITY - A cashier's or certified check issued by a bank authorized to transact banking business in Florida, or a Bid Bond/Bid Security signed by a surety company that is licensed to do business in the State of Florida, payable to the City of Miami, for the amount as specified in the bid, is required from all Bidders, if so indicated under the Special Conditions. This check or bond guarantees that a Bidder will accept the Contract, as bid, if it is awarded to Bidder. Bidder shall forfeit bid deposit to the City, should City award Contract to Bidder and Bidder fails to accept the award. The City reserves the right to reject any and all surety tendered to the City. Bid deposits are returned to unsuccessful Bidders within ten (10) days after the award and Successful Bidder's acceptance of award. If one hundred eighty (180) 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. BID SECURITY FORFEITED LIQUIDATED DAMAGES - Failure to execute a Contract and/or file an acceptable Performance Bond, when required, as provided herein, shall be just cause for the annulment of the award and the forfeiture of the Bid Bond/Bid Security to the City, which forfeiture shall be considered, not as a penalty, but in mitigation of damages sustained which cannot be determined at the time of award. Award may then be made to the next lowest responsive and responsible Bidder, or all Bid responses may be rejected. 1.13. BID RESPONSE FORM — All required forms in the Formal Solicitation should be completed, signed, and submitted accordingly through the BidSync Electronic Portal. 1.14. BRAND NAMES — If, and wherever in the specifications, brand names, makes, models, names of any manufacturers, trade names, or Bidder catalog numbers are specified, it is for the purpose of establishing the type, function, minimum standard of design, efficiency, grade, or quality of goods only. When the City does not desire to rule out other competitors' brands or makes, the phrase "APPROVED EQUAL" is added. Unless otherwise specified, any manufacturers' names, trade names, brand names, information or catalog numbers listed in a specification are descriptive, not restrictive, or exclusive. The Bidder shall provide any equipment that meets or exceeds the applicable specifications, including without limitation the following: Equal in every important attribute, to include industry quality measurable standard, quality of product, accessibility of distribution, durability/reliability/dependability and warranty, coverage, and eh delivery schedule. 1719386 When bidding an "APPROVED EQUAL", Bidders shall submit, with their response, complete sets of necessary data (e.gl, factory information sheets, specifications, brochures, etc.) in order for the City to evaluate and determine the equality of the item(s) bid. The Bidder shall demonstrate comparability, including appropriate catalog materials, literature, specifications, test data, etc. The City shall be the sole judge of equality and its decision shall be final. The City shall determine in its sole discretion, subject to the concurrence of the Project Manager whether goods are acceptable as an equivalent. 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, upon request of the City. If samples are requested by the City, such samples must be received by the City no later than seven (7) calendar days after a formal request is made. When "NO SUBSTITUTION" is used in conjunction with a manufacturer's name, brand name, and/or model number, that named item is the only item that will be accepted by the City in that particular instance. 1.15. CANCELLATION - The City reserves the right to cancel this Formal Solicitation before its opening/closing. In the event of cancellation, the Director of Procurement shall notify all prospective Bidders and provide a written explanation for the cancellation. There shall be no recourse against the City for a cancellation made in accordance with this Section. 1.16. CAPITAL EXPENDITURES — Successful Bidder/Contractor understands that any capital expenditures that the Successful Bidder/Contractor makes, or prepares to make, in order to deliver/perform the goods/services required by the City, is a business risk which the Successful Bidder/Contractor must assume. The City will not be obligated to reimburse amortized or unamortized capital expenditures, or to maintain the approved status of any Successful Bidder/Contractor. If Successful Bidder/Contractor has been unable to recoup its capital expenditures during the time it is rendering such goods/services, it shall not have any claim upon the City. 1.17. CITY NOT LIABLE FOR DELAYS - It is further expressly agreed that in no event shall the City be liable for, or responsible to, the Bidder, any subcontractor, 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, 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 Bid for the same goods/services, or with the City of Miami's Procurement Depaitnient or initiating department. The Bidder certifies that its response is fair, without control, collusion, fraud, or other illegal action. Bidder 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 — Successful Bidder/Contractor understands that contracts between private entities and local governments are subject to certain laws, codes, and regulations, including laws pertaining to public records, sunshine (open meetings), conflict of interest, ethics records keeping, etc. City and Successful Bidder/Contractor agree to comply with and observe all applicable laws, codes, regulations, and ordinances, and to secure all applicable public approvals and/or consents, of any governmental agency and/or owner of intellectual property rights as that may in any way affect the goods or services offered, including but not limited to: 1719386 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. IL National Forest Products Association (NFPA), as applicable to this Formal Solicitation. L 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 218.70 and 218.79 on Prompt Payment Act. Lack of knowledge by the Successful Bidder/Contractor will in no way be a cause for relief from responsibility. Non- compliance with all applicable local, State, and Federal directives, orders, codes, rules, regulations, and laws may be considered grounds for termination of Contract at the option of the City Manager. 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 Formal Solicitation once 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 Formal Solicitations for the provision of goods and services for amounts greater than $200,000. The Cone of Silence prohibits any communication regarding Formal Solicitations between, among others: Potential vendors, service providers, bidders, lobbyists or consultants and the City's professional staff including, but not limited to, the City Manager and the City Manager's staff; the Mayor, City Commissioners, or their respective staffs. The provision does not apply to, among other communications: oral communications with the City Procurement 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 -bid conferences, 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 Formal Solicitation documents; or communications in connection with the collection of industry comments or the performance of market research regarding a particular Formal Solicitation by City Procurement staff. 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 City Clerk's office, which shall be made available to any person upon request. Written communications may be in the form of e-mail, or fax with a copy to the City Clerk's Office being required. 1719386 In addition to any other penalties provided by law, violation of the Cone of Silence by any Bidder shall render any award voidable. A violation by a particular Bidder, 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 Miami Dade County Commission on Ethics. 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's Office at 305-250-5360 or clerks@miamigov com, to obtain a copy of same. 1.21. CONFIDENTIALITY - As a political subdivision, the City of Miami is subject to the Florida Government in the Sunshine (public Meetings) and Public Records Act. If this Contract 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, 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 or its employees must be disclosed in writing to the City. Further, Bidder shall 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 Bidders' firm. A. Bidder further agrees not to use or attempt to use any knowledge, property or resource which may be within his/her trust, or perform his/her duties, to secure a special privilege, benefit, or exemption for himself/herself, or others. Bidder may not disclose or use information not available to members of the general public and gained by reason of his/her position, except for information relating exclusively to governmental practices, for his/her personal, or benefit, or for the personal gain, or benefit of any other person, or business entity. B. Bidder hereby acknowledges that he/she has not contracted or transacted any business with the City or any person, or agency acting for the City, and has not appeared in representation of any third party before any board, Commission, or agency of the City within the past two years. Bidder further warrants that he/she 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 to immediate termination of any contract with the City, and 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 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 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 Bids to the City, or any work performed in connection therewith shall be bome by the Bidder. 1719386 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 (3) 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/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 non - responsibility. 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 aContract, provided that failure to perform caused by acts beyond the control of a party shall not be considered a basis for debarment/suspension. 5) Debarment/suspension of the Contractual Party by any federal, state or other governmental entity. 6) False certification pursuant to paragraph C below. 7) Found in violation of a zoning ordinance or any other city ordinance or regulation and for which the violation remains noncompliant. 8) Found in violation of a zoning ordinance or any other city ordinance or regulation and for which a 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 to a solicitation 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 be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and 1719386 may not transact business with any public entity. 1.27. DEFAULT/FAILURE TO PERFORM - The City shall be the sole judge of nonperformance, which shall include any failure on the part of the Successful Bidder/Contractor 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/Contractor to meet any terms of a Contract, the City will notify the Successful Bidder/Contractor of the default and will provide the Successful Bidder/Contractor three (3) days (weekends and holidays excluded) upon notification, by the City, to remedy the default. Failure by the Successful Bidder/Contractor to correct the default within the required three (3) days, shall result in the Contract being terminated upon the City notifying in writing the Successful Bidder/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/Contractor incapable of performing the work in accordance with and as required by the Contract. F. Failure to comply with any of the terms of the Contract in any material respect. All costs and charges incurred by the City as a result of a default, or a default incurred beyond the time limits stated, together with the cost of completing the work, shall be deducted from any monies due, or which may become due on this Contract to the Successful Bidder/Contractor. 1.28. DETERMINATION OF RESPONSIVENESS AND RESPONSIBILITY - Each Bid will be reviewed to determine if it is responsive to the submission requirements outlined in the Formal Solicitation. A. Responsive Bid 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 deed a Bid non -responsive. B . Determination of Responsibility. A Responsible Bidder shall mean a Bidder who has submitted a Bid and who has the capability, as determined under Section 18-95 of the City Code, in all respects to fully perform the Contract requirements, and the integrity and reliability of which give reasonable assurance of good faith and performance. 1) Bids will only be considered from any person or firm who are regularly engaged in the business of providing the good(s)/service(s) required by the Formal Solicitation. Bidder 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. 1719386 2) The City may consider any information available regarding the financial, technical, and other qualifications and abilities of a Bidder, including past performance (experience) with the City or any other governmental entity, in making the award. 3) The City may require the Bidder(s) to provide documentation 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. 1.29. DISCOUNTS OFFERED DURING TERM OF CONTRACT - Discount Prices offered in the Response shall be fixed after the award of a Contract 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/Contractor during the term of the Contract. Such discounts shall remain in effect for a minimum of one hundred and eighty (180) days from approval by the City Commission Any discounts offered by a manufacturer to Successful Bidder/Contractor will be passed on to the City. 1.30. DISCREPANCIES, ERRORS, AND OMISSIONS - Any discrepancies, errors, or ambiguities in the Formal Solicitation, or Addenda (as applicable), should be reported in writing to the City's Procurement Department. Should it be found necessary, a written Addendum will be incorporated in the Formal Solicitation and will become part of the Purchase Order (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 natural disaster or other emergency, or disaster situation, the Successful Bidder/Contractor shall provide the City with the commodities/services defined within the scope of this Formal Solicitation at the price contained within Bidder's response. Further, Successful Bidder/Contractor shall deliver/perform for the City on a priority basis during such times of emergency. 1.32. ENTIRE BID CONTRACT - The Bid Contract consists of any amendments to the Bid Contract, the Formal Solicitation, including any addenda, Bidder's Response and any written agreement entered into by the City of Miami and Successful Bidder/Contractor, and represents the entire understanding and agreement between the parties with respect to the subject matter hereof and supersedes all other negotiations, understanding, and representations, if any, made by and between the parties. To the extent that the Bid Contract conflicts with, modifies, alters or changes any of the terms and conditions contained in the Formal Solicitation and/or Bid, the Formal Solicitation, including any addenda, and then the Bid shall control. This Contract may be amended only by a written agreement signed by the City and Successful Bidder/Contractor. 1719386 1.33. ESTIMATED QUANTITIES — Estimated quantities or dollars are provided for the Bidder's guidance only: (a) estimates are based on the City's anticipated needs and/or usage during a previous contract period and; (b) the City may use these estimates to determine the low Bidder. Estimated quantities do not contemplate or include possible additional quantities that may be ordered by other government, quasi -government or non-profit entities utilizing this Contract. 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 the Contract. Said estimates may be used by the City for purposes of determining the low Bidder meeting specifications. The City reserves the right to acquire additional quantities at the prices bid or at lower prices in this Formal Solicitation. 1.34. EVALUATION OF RESPONSES - A. Rejection of Bids. The City may reject a Bid for any of the following reasons: 1) Bidder fails to acknowledge receipt of addenda; 2) Bidder misstates or conceals any material fact in the Bid; 3) Bid does not conform to the requirements of the Formal Solicitation; 4) Bid requires a conditional award that conflicts with the method of award; 5) Bid does not include required samples, certificates, licenses; and, 6) Bid was not executed by the Bidder's authorized agent. The foregoing is not an all-inclusive list of reasons for which a Bid may be rejected. The City may reject, and/or re - advertise for all or any portion of the Formal Solicitation, whenever it is deemed in the best interest of the City. B. Elimination From Consideration 1) A Bid 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 Bid 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 failed to deliver on time, under contracts of a similar nature. 3) A Bid Contract may not be awarded to any person or firm who has been debarred by the City, in accordance with the City's Debarment and Suspension Ordinance (Section 18-107) or is currently debarred by the State of Florida or any political subdivision or is on the convicted vendor's list per Section 287.133, Florida Statutes. 1.35. EXCEPTIONS TO GENERAL AND/OR SPECIAL CONDITIONS OR SPECIFICATIONS - Exceptions to the specifications shall be listed in the Bid and shall reference the applicable section. Any exceptions to the General and/or Special Conditions shall be cause for a Bid to be considered non -responsive. 1.36. Freight On Board (F.O.B.) DESTINATION - Unless otherwise specified in the Formal Solicitation, all prices quoted/proposed by the Bidder must be F.O.B. DESTINATION, inside delivery, with all delivery costs and charges included in the bid price, unless otherwise specified in this Formal Solicitation. Failure to do so may be cause for rejection of Bid. 1.37. FIRM PRICES - The Bidder warrants that prices, terms, and conditions quoted in its Bid will be firm throughout the duration of the Bid contract unless otherwise specified in the Formal Solicitation. Such prices will remain firm for the period of performance, or resulting purchase orders, or Bid contracts. 1719386 1.38. FLORIDA MINIMUM WAGE AND CITY OF MIAMI LIVING WAGE ORDINANCE — A. Florida Minimum Wage. In accordance with the Constitution of the State of Florida, Article X, Section 24, employers shall pay employee wages no less than the minimum wage for all hours worked in Florida. Accordingly, it is the Successful Bidder's/Contractor's and their subcontractor's responsibility to understand and comply with this Florida minimum wage requirement and pay its employees the current established hourly minimum wage rate. This minimum wage rate is subject to change or adjusted by the rate of inflation using the consumer price index ("CPI") 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. It is the Bidder's and their subcontractor's, (if applicable), full responsibility to determine whether any of their employees may be impacted by this Florida Minimum Wage Law, at any given point in time during the term of the Bid Contract. If impacted, Bidder must provide, with its bid, employee name(s), job title(s), job description(s), and current pay rate(s). Failure to submit this information at the time of bid submittal constitute successful Bidder's/Contractor's acknowledgement and understanding that the Florida Minimum Wage Law will not impact its prices throughout the term of Bid Contract and waiver of any contractual price increase request(s). The City reserves the right to request, and the Successful Bidder/Contractor must provide for any, and all information to make a wage and contractual price increase(s) determination. B. City of Miami Living Wage Ordinance. The City of Miami adopted a Living Wage Ordinance for City Service Contracts with a total contract value exceeding $100,000 annually, and that have been competitively solicited and awarded on, or after January1, 2017, by the City. "Service Contract" means a contract to provide services to the City, excluding, however, professional services as defined by the "Consultants Competitive Negotiation Act" set forth in F.S. § 287.055, and Section 18-87 of the City Code, and/or the other exclusions provided by Section 18-557 of the City Code. Section 18-557 is attached as Attachment A. Please see provision in Attachment A. If a solicitation requires services, effective on January 1, 2017, Contractors must pay to all its employees, who provide services, a living wage of no less than $15.00 per hour without health benefits; or a wage of no less than $13.19 an hour, with health benefits. This language is only a summary of the key provisions of the City of Miami Living Wage Ordinance. Please review Attachment A. attached hereto, for a complete and thorough description of the City of Miami Living Wage Ordinance. 1.39. GOVERNING LAW AND VENUE - The validity and effect of any Bid Contract as a result of this Formal Solicitation shall be governed by the laws of the State of Florida. The parties agree that any action, mediation, or arbitration arising out of the Bid Contract shall take place in Miami -Dade County, Florida. In any action or proceeding each party shall bear their own respective attorney's fees. 1.40. HEADINGS AND TERMS - The headings to the various paragraphs of the Bid 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 conditions hereof. 1.41. HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT (HIPPA) - Any person, firm, 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 1719386 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 and reasonable assurances that IIHI/PHI will be held confidential; E. Making PHI available to the customer; F. Making PHI available to the customer for review and amendment; and incorporating any amendments requested by the customer; G. Making PHI available to the City of Miami for an accounting of disclosures; and H. Making internal practices, books and records related to PHI available to the City of Miami for compliance audits. PHI shall maintain its protected status regardless of the form and method of transmission (i.e., paper records, and/or electronic transfer of data). The Successful Bidder/Contractor 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 — Successful Bidder/Contractor shall indemnify, hold and save harmless, and defend (at its own costs and expense) the City, its officers, agents, directors, and/or employees, from liabilities, damages, losses, judgements, and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness, negligent act or omission, or intentional wrongful misconduct of Successful Bidder/Contractor and persons employed or utilized by Successful Bidder/Contractor in the performance of this Contract. The Successful Bidder/Contractor shall further, hold the City, its officials and employees, indemnify, save and hold harmless for, and defend (at its own cost), the City its officials and/or 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. In the event that any action or proceeding is brought against the City by reason of any such claim or demand, the Successful Bidder/Contractor shall, upon written notice from City, resist and defend such action or proceeding by counsel satisfactory to City. The Successful Bidder/Contractor expressly understands and agrees that any insurance protection required by this Contract or otherwise provided by Successful Bidder/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 the Successful Bidder/Contractor to defend, at its own expense, to and through trial, administrative, appellate, supplemental or bankruptcy proceeding, or to provide for such defense, at City's option, any and all claims of liability and all suits and actions of every name and description which may be brought against City, whether performed by Successful Bidder/Contractor, or persons employed or utilized by the Successful Bidder/Contractor. These duties will survive the cancellation or expiration of the Contract. This Section will be interpreted under the laws of the State of Florida, including without limitation and interpretation, which conforms to the limitations of 725.06 and/or 725.08, Florida Statutes, as applicable and as amended. Successful Bidder/Contractor shall require all sub-consultants/contractor agreements to include a provision that each sub -contractor will indemnify the City in substantially the same language as this Section. The Successful Bidder/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 Successful Bidder/Contractor in which the City participated either through 1719386 review or concurrence of the Consultant's actions. In reviewing, approving, or rejecting any submissions by the Successful Bidder/Contractor or other acts of the Successful Bidder/Contractor, the City, in no way, assumes or shares any responsibility or liability of the Successful Bidder/Contractor or sub-consultant/contractor under this Contract. Ten dollars ($10) of the payments made by the City constitute separate, distinct, and independent consideration for the granting of this Indemnification, the receipt and sufficiency of which is voluntarily and knowingly acknowledged by the Successful Bidder/Contractor. 1.43 FORMATION AND DESCRIPTIVE LITERATURE — Bidders must furnish all information requested in the spaces provided in the Formal Solicitation. Further, as may be specified elsewhere, each Bidder 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 bid, or on file with the City, will not satisfy this provision. 1.44 INSPECTIONS - The City may, at reasonable times during the term of the Bid Contract, inspect Successful Bidder/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 Successful Bidder/Contractor, under the Bid Contract conform to the terms and conditions of the Formal Solicitation. Successful Bidder/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 18-101) City Code, as same may be amended or supplemented, from time to time, which, in conjunction with Section 18-102, providing for audits of City contractors, are applicable and are deemed as being incorporated by reference as supplemental terms. 1.45 INSPECTION OF BID - Bids 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 results will be tabulated and may be furnished upon request, via fax or e-mail, to the Procurement Contracting Officer, issuing the Formal Solicitation. Tabulations also are available on the City's Web Site following a recommendation for award. 1.46 INSURANCE - Within ten (10) days after receipt of Notice of Award, the Successful Bidder/Contractor, shall furnish evidence of insurance to the Procurement Department, as applicable. Submitted evidence of insurance shall demonstrate strict compliance with all requirements stipulated in the Special Conditions section titled "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 certificate of insurance is received within the specified time frame but not in the manner prescribed in the Formal Solicitation, the Successful Bidder/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 Successful Bidder/Contractor fails to submit the required insurance documents in the manner prescribed in the Formal Solicitation within fifteen (15) calendar days after receipt Notice of Award, the Successful Bidder/Contractor shall be in default of the contractual terms and conditions and will not be awarded the contract. Information regarding any insurance requirements shall be directed to the Risk Management Director, Department of Risk Management, at 444 SW 2nd Avenue, 9th Floor, Miami, Florida 33130, 305-416-1384. The Successful Bidder/Contractor shall be responsible for ensuring that the insurance documents required in conjunction with this Section remain in effect for the duration of the contractual period; including any renewals and extensions that may be exercised by the City. 1719386 1.47 INVOICES - Invoices submitted by Successful Bidder/Contractor to the City shall include the Purchase Order number and description 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- 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 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." 1.49 MANUFACTURER'S CERTIFICATION - The City reserves the right to request from Bidders aseparate Manufacturer's Certification of all statements made in the Bid. Failure to provide such certification may result in the rejection of Bid, or termination of Bid Contract, for which the Bidder/Successful Bidder/Contractor shall bear full liability. 1.50 MODIFICATIONS OR CHANGES IN PURCHASE ORDERS AND CONTRACTS - No Contract or understanding to modify the Formal Solicitation and resultant Purchase Order(s) or Bid Contracts, if applicable, shall be binding upon the City, unless made in writing by the City's Director of Procurement through the issuance of a change order, addendum, amendment, or supplement to the Bid Contract, Purchase Order, or award sheet, as applicable. 1.51 MOST FAVORED NATIONS — Successful Proposer shall not treat the City of Miami ("City") worse than any other similarly situated local government and, in this regard, grants the City a "most favored nations clause" meaning the City will be entitled to receive and be governed by the most favorable terms and conditions that Successful Bidder/Proposer grants now or in the future to a similarly situated local government. 1.52 NO PARTNERSHIP OR JOINT VENTURE - Nothing contained in the Bid Contract will be deemed or construed to create a partnership or joint venture between the City and Successful Bidder/Contractor, or to create any other similar relationship between the parties. 1.53 NONCONFORMANCE TO CONTRACT CONDITIONS - Items may be tested for compliance with specifications under the direction of the Florida Department of Agriculture and Consumer Services, or by other appropriate testing laboratories as determined by the City. The data derived from any test for compliance with specifications is public record, and open to examination thereto in accordance with Chapter 119, Florida Statutes. Items delivered, not conforming to specifications may be rejected, and returned at Successful Bidder's/Contractor's expense. These non -conforming items not delivered in accordance with the stipulated delivery date in the Bid and/or Purchase Order, may result in Successful Bidder/Contractor being found in default, in which event, any and all re - procurement costs may be charged against the defaulted Successful Bidder/Contractor. Any violation of the above stipulations may also result in the Successful Bidder/Contractor being removed from the City of Miami's supplier's list. 1719386 1.54. NONDISCRIMINATION, EQUAL EMPLOYMENT OPPORTUNITY, AND AMERICANS WITH DISABILITIES ACT — Successful Bidder/Proposer/Contractor shall not unlawfully discriminate against any person in its operations and activities or in its use or expenditure of funds in fulfilling its obligations under this Agreement. Successful Bidder/Proposer/Contractor shall affirmatively comply with all applicable provisions of the Americans with Disabilities Act (ADA) in the course of providing any services funded by City, including Titles I and II of the ADA (regarding nondiscrimination on the basis of disability), and all applicable regulations, guidelines, and standards. In addition, Successful Bidder/Proposer/Contractor shall take affirmative steps to ensure nondiscrimination in employment against disabled persons. Successful Bidder/Proposer/Contractor affirms that it shall not discriminate as to race, age, religion, color, gender, gender identity, sexual orientation, national origin, marital status, physical or mental disability, political affiliation, or any other factor which cannot be lawfully used in connection with its performance under the Formal Solicitation. Furthermore, Successful Bidder/Proposer/Contractor affirms that no otherwise qualified individual shall solely by reason of their race, age, religion, color, gender, gender identity, sexual orientation, national origin, marital status, physical or mental disability, political affiliation, or any other factor which cannot be lawfully used, be excluded from the participation in, be denied benefits of, or be subjected to, discrimination under any program or activity. In connection with the conduct of its business, including performance of services and employment of personnel, Successful Bidder/Proposer/Contractor shall not discriminate against any person on the basis of race, age, religion, color, gender, gender identity, sexual orientation, national origin, marital status, physical or mental disability, political affiliation, or any other factor which cannot be lawfully used. All persons having appropriate qualifications shall be afforded equal opportunity for employment. 1.55 NON-EXCLUSIVE CONTRACT/ PIGGYBACK PROVISION - At such times as may serve in the City's best interest, the City reserves the right to advertise for, receive, and award additional contracts for these goods and/or services described herein, and to make use of other competitively bid (governmental) contracts, agreements, or other similar sources, for the purchase of these goods and/or services described herein, as may be available in accordance with the applicable provisions of the City of Miami Procurement Ordinance. It is hereby agreed and understood that the Formal Solicitation does not constitute the exclusive rights of the Successful Bidder(s)/Contractor(s) to receive all orders that may be generated by the City, in conjunction with the Formal Solicitation. In addition, any and all goods, and/or 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 the Formal Solicitation, unless such purchases are determined to be in the best interest of the City. 1.56 NOTICE REGARDING "CURES" — Bids submitted with irregularities, deficiencies, and/or technicalities that deviate from the minimum qualifications and submission requirements of Request for Qualifications (RFQ), Request for Proposals, (RFP), invitation to bid (ITB), invitation for bids (IFB), invitation to quote (ITQ), Requests for Letters of Interest (RFLI) and Request for Sponsorships (RFS) shall result in a non -responsive determination. Any solicitation issued after May 6, 2019, shall comply with APM 2-19. APM 2-19 is attached hereto. Only minor irregularities, deficiencies, and technicalities may be allowed to be timely cured by the proposer at the sole discretion of the city. Material irregularities, deficiencies, and technicalities cannot be cured by the proposer, and are not waivable by the city. BIDS SUBMITTED WITH IRREGULARITIES, DEFICIENCIES, AND/OR TECHNICALITIES THAT DEVIATE FROM THE MINIMUM QUALIFICATIONS AND SUBMISSION REQUIREMENTS OF THIS IFB SHALL RESULT IN A NON -RESPONSIVE DETERMINATION. The City will not give consideration to 1719386 the curing of any Bids that fail to meet the minimum qualifications and submission requirements of this IFB. Proposer understands that non -responsive Bids will not be evaluated. 1.57 OCCUPATIONAL LICENSEBUSINESS TAX RECEIPT - Any person, firm, corporation, or joint venture, with a business location in the City's municipal boundaries and is submitting a Bid under the Formal Solicitation shall meet the City's Business Tax Receipt requirements in accordance with Chapter 31.1, Article I of the City of Miami Charter. Others with a location outside the City's municipal boundaries shall meet their local Occupational License/Business Tax Receipt requirements. A copy of the Occupational License/Business Tax Receipt must be submitted with the Bid; however, the City may, at its sole discretion, and in its best interest, allow the Bidder to provide the Occupational License/Business Tax Receipt to the City during the evaluation period, but prior to award. A Certificate of Use ("CU") will be required if applicable under City regulations. 1.58 ONE PROPOSAL - Only one (1) Bid from an individual, firm, partnership, corporation, or joint venture will be considered in response to the Formal Solicitation, unless otherwise stipulated in the Formal Solicitation. 1.59 OWNERSHIP OF DOCUMENTS - It is understood by and between the parties, that any documents, records, files, or any other matter whatsoever, which is given by the City to the Successful Bidder/Contractor, pursuant to the Formal Solicitation shall at all times remain the property of the City and shall not be used by the Successful Bidder/Contractor for any other purposes whatsoever, without the written consent of the City. 1.60. PARTIAL INVALIDITY - If any provision of the Bid Contract or the application thereof, to any person or circumstance, shall to any extent be held invalid, then the remainder of the Bid 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 the Bid Contract shall be valid and enforced to the fullest extent permitted by law. 1.61. PERFORMANCE/PAYMENT BOND — A Successful Bidder/Contractor may be required to furnish a Performance/Payment Bond as part of the requirements of the Bid Contract, in an amount equal to one hundred percent (100%) of the Bid Contract price. Any bond furnished will comply with Florida Law and be in a form acceptable to the City of Miami Risk Management Director. 1.62. PREPARATION OF BIDS — Bidders are expected to examine the specifications, required delivery, drawings, and all special and general conditions. A. Each Bidder shall furnish the information required in the Formal Solicitation. The Bidder shall print type or manually enter all requested information, sign, and upload the Certification Statement. 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 shall include in their Bid all taxes, insurance, social security (if applicable), workmen's compensation, and any other benefits normally paid by the Bidder to its employees. If applicable, a unit price shall be entered in the "Unit Price" column for each item. Based upon estimated quantity, an extended price shall be entered in the "Extended Price" column for each item offered. In case of a discrepancy between the unit price and extended price, the unit price will prevail. C. The Bidder must state a definite time, if required, in calendar days for delivery of goods and/or services. D. The Bidder should retain a copy of all response documents for future reference. 1719386 E. All Bids, as described, must be fully completed, and typed, or printed in ink and must be signed in ink with the Bidder's name, and by an officer or employee having authority to represent the Bidder by their signature. Bids having any erasures or corrections, must be initialed in ink by person signing the Bid or the Bid may be rejected. F. Bids shall remain valid for at least 180 days. Upon award of a Bid Contract, the content of the Successful Bidder's/Contractor's Bid, may be included as part of the Bid Contract, at the City's discretion. G. The City's Bid Forms shall be used when Bidder is submitting its Bid. Use of any other forms will result in the rejection of the Bid. 1.63. PRICE ADJUSTMENTS — Any price decrease effectuated during the Bid Contract period, either by reason of market change, or on the part of the Successful Bidder/Contractor to other customers shall be passed on to the City. 1.64. PRODUCT SUBSTITUTES - In the event a particular awarded and approved manufacturer's product becomes unavailable during the term of the Bid Contract, the Successful Bidder/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. 1.65. CONFLICT OF INTEREST, AND UNETHICAL BUSINESS PRACTICE PROHIBITIONS — Successful Bidder/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 the Bid Contract and that the Successful Bidder/Contractor 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 the Bid Contract. 1.66. PROMPT PAYMENT — Bidders may offer a cash discount for prompt payment; however, discounts shall not be considered in determining the lowest net cost for Bid evaluation purposes. Bidders are required to provide their prompt payment terms in the space provided on the Formal Solicitation. If no prompt payment discount is being offered, the Bidder must enter zero (0) for the percentage discount to indicate no discount. If the Bidder fails to enter a percentage, it is understood and agreed that the terms shall be two percent (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 Bidder(s) during the term of the contract. The City will comply with the Florida Prompt Payment Act, as applicable. 1.67. PROPERTY - Property owned by the City is the responsibility of the City. Such property furnished to a Successful Bidder/Contractor for repair, modification, study, etc., shall remain the property of the City. Damages to such property occurring while in the possession of the Successful Bidder/Contractor shall be the responsibility of the Successful Bidder/Contractor. Damages occurring to such property while in route to the City, shall be the 1719386 responsibility of the Successful Bidder/Contractor. In the event that such property is destroyed, or declared a total loss, the Successful Bidder/Contractor shall be responsible for replacement value of the property, at the current market value, less depreciation of the property, if any. 1.68. PROVISIONS BINDING - Except as otherwise expressly provided in the resultant Bid Contract, all covenants, conditions, and provisions of the resultant Bid Contract, shall be binding upon, and shall inure to the benefit of the parties hereto and their respective heirs, legal representatives, successors and assigns. 1.69. 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: A. Submit a Bid to provide any goods or services to a public entity. B. Submit a Bid on a contract with a public entity for the construction or repair of a public building or public work. C. Submit responses on leases of real property to a public entity. D. Be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity. E. Transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. 1.70. PUBLIC RECORDS - Successful Bidder/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 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. Successful Bidder/Contractor shall additionally comply with the provisions of Section 119.0701, Florida Statutes, titled "Contracts; public records". Successful Bidder/Contractor's shall additionally comply with Section 119.0701, Florida Statutes, including without limitation: A. Keep and maintain public records that ordinarily and necessarily would be required by the City to perform this service. B. Provide the public with access to public records on the same terms and conditions as the City would at the cost provided by Chapter 119, Florida Statutes, or as otherwise provide by law. C. Ensure that public records that are exempt or confidential and exempt from disclosure are not disclosed except as authorized by law. D. Meet all requirements for retaining public records and transfer, at no cost, to the City all public records in its possession upon termination of this Agreement and destroy any duplicate public records that are exempt or confidential and exempt from disclosure requirements. E. All electronically stored public records must be provided to the City in a format compatible with the City's information technology system. IF THE CONSULTANT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONSULTANT'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT. CONTACT THE DIVISION OF PUBLIC RECORDS AT (305)416-1800, VIA EMAIL AT PUBLICRECORDS(a,MIAMIGOV.COM, OR REGULAR MAIL AT CITY OF MIAMI OFFICE OF THE CITY ATTORNEY, 444 SW 2ND AVENUE, 9TH FLOOR, MIAMI, FL 33130. THE CONSULTANT MAY ALSO CONTACT THE RECORDS CUSTODIAN 1719386 AT THE CITY OF MIAMI DEPARTMENT WHO IS ADMINISTRERING THIS CONTRACT. Successful Bidder/Contractor's failure or refusal to comply with the provision of this Section shall result in the immediate cancellation of the Bid Contract by the City. 1.71. QUALITY OF GOODS, MATERIALS, SUPPLIES, AND PRODUCTS - All materials used in the manufacturing or construction of supplies, or materials, covered by the Formal Solicitation shall be new. The items bid shall be of the latest make or model, of the best quality, and of the highest grade of workmanship, unless as otherwise specified in the Formal Solicitation. 1.72. QUALITY OF WORK/SERVICES - The work/services performed shall 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 the Formal Solicitation. 1.73. REMEDIES PRIOR TO AWARD (Sec. 18-106) - If prior to a Bid Contract award, it is determined that a Formal Solicitation or proposed bid award is in violation of law, then the Formal Solicitation or proposed bid 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. 1.74. RESOLUTION OF CONTRACT DISPUTES (Section 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 disputes between the Successful Bidder/Contractor 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 disputes 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. 1.75. RESOLUTION OF PROTESTED SOLICITATIONS AND AWARDS (Section 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. (I) Protest of Solicitation. a. Any prospective proposer who perceives itself aggrieved in connection with the solicitation of a contract may protest to the chief procurement officer. A written notice of intent to file a protest shall be filed with the chief procurement officer within three days after the request for proposals, request for qualifications or request for letters 1719386 of interest is published in a newspaper of general circulation. A notice of intent to file a protest is considered filed when received by the chief procurement officer; or b. Any prospective bidder who intends to contest the bid specifications or a bid solicitation may protest to the chief procurement officer. A written notice of intent to file a protest shall be filed with the chief procurement officer within three days after the bid solicitation is published in a newspaper of general circulation. A notice of intent to file a protest is considered filed when received by the chief procurement officer. (2) Protest ofAward. a. Any actual proposer who perceives itself aggrieved in connection with the recommended award of contract may protest to the chief procurement officer. A written notice of intent to file a protest shall be filed with the chief procurement officer within two days after receipt by the proposer of the notice of the city manager's recommendation for award of contract. The receipt by proposer of such notice shall be confirmed by the city by facsimile or electronic mail or U.S. mail, return receipt requested. A notice of intent to file a protest is considered filed when received by the chief procurement officer; or b. 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. c. A written protest based on any of the foregoing must be submitted to the chief procurement officer within five 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; hearing officer(s): Hearing officers appointed by the city shall have the authority, to resolve protests filed under this chapter of the City Code. The city manager shall appoint a hearing officer, from a separate list of potential hearing officers pre -approved by the city commission, to resolve protests filed in accordance with this section, no later than five working days following the filing of a bid protest. The hearing officer shall have the authority to settle and resolve any written protest. The hearing officer shall submit said decision to the protesting party and to the other persons specified within ten days after he/she holds a hearing under the protest. (1) Hearing officer. The hearing officer may be a special master as defined in chapter 2, article X, section 2-811 of the City Code, or a lawyer in good standing with the Florida Bar for a minimum of ten years with a preference given to a lawyer who has serviced as an appellate or trial court judge. The hearing officer may be appointed from alternative sources (e.g., expert consulting agreements, piggyback contract, etc.) where the city 1719386 commission adopts a recommendation of the city attorney that such action is necessary to achieve fairness in the proceedings. The engagement of hearing officers is excluded from the procurement ordinance as legal services. The hearing officers appointed in the pre -qualified group should be scheduled to hear protests on a rotational basis. (2) Right ofprotest. Any actual bidder or proposer who has standing under Florida law dissatisfied and aggrieved with the decision of the city regarding the protest of a solicitation or the protest of an award as set forth above in this section may request a protest hearing. Such a written request for a protest hearing must be initiated with a notice of intent to protest followed by an actual protest as provided in subsection 18-104 (a). The notice of intent to protest and the actual protest must each be timely received by the chief procurement officer and must comply with all requirements set forth in subsection 18-104(a). Failure to submit the required notice of intent to protest and the actual protest within the specified timeframes will result in an administrative dismissal of the protest. (3) Hearing date. Within 30 days of receipt of the notice of protest, the chief procurement officer shall schedule of hearing before a hearing officer, at which time the person protesting shall be given the opportunity to demonstrate why the decision of the city relative to the solicitation or the award, which may include a recommendation for award by the city manager to the city commission, as applicable, should be overturned. The party recommended for award, if it is a protest of award, shall have a right to intervene and be heard. (4) Hearing procedure. The procedure for any such hearing conducted under this article shall be as follows: a. The city shall cause to be served by certified mail a notice of hearing stating the time, date, and place of the hearing. The notice of hearing shall be send by certified mail, return receipt requested, to the mailing address of the protestor. b. The party, any intervenor, and the city shall each have the right to be represented by counsel, to call and examine witnesses, to introduce evidence, to examine opposing or rebuttal witnesses on any relevant matter related to the protest even though the matter was not covered in the direct examination, and to impeach any witness regardless of which party first called him/her to testify. The hearing officer may extend the deadline for completion of the protest hearing for good cause shows, but such an extension shall not exceed an additional five business days. The hearing officer shall consider the written protest and supporting documents and evidence appended thereto, supporting documents or evidence from any intervenor, and the decision or recommendation as to the solicitation or award being protested, as applicable. The protesting party, and any intervenor, must file all pertinent documents supporting his/her protest or motion to intervene at least five business days before the hearing, as applicable. The hearing officer shall allow a maximum of two hours for the protest presentation and a maximum of two hours for the city response. When there is an intervenor, a maximum of two hours will be added for the intervenor. In the event of multiple protests for the same project, the hearing officer shall allocate time as necessary to ensure that the hearing shall not exceed a total of one day. c. The hearing officer shall consider the evidence presented at the hearing. In any hearing before the hearing officer, irrelevant, immaterial, repetitious, scandalous, or frivolous evidence shall be excluded. All other evidence of a type commonly relied upon by reasonably prudent persons in the conduct of their affairs shall be admissible whether or not such evidence would be admissible in trial in the courts of Florida. The hearing officer may also require written summaries, proffers, affidavits, and other documents the hearing officer determines to be necessary to conclude the hearing and issue a final order within the time limits set forth by this section. d. The hearing officer shall determine whether procedural due process has been afforded, whether the essential requirements of law have been observed, and whether the decision was arbitrary, capricious, and abuse of discretion, or unsupported by substantial evidence as a whole. Substantial evidence means such relevant evidence as a reasonable mind might accept as adequate to support a conclusion. e. Within ten days from the date of the hearing, the hearing officer shall complete and submit to the City Manager, the City Attorney, any intervenor, the Chief Procurement Officer, and the person requesting said hearing 1719386 a final order consisting of his/her findings of fact and conclusions of law as to the denial or granting of the protest, as applicable. f. The decisions of the hearing officer are final in terms of city decisions relative to the protest. Any appeal from the decision of the hearing officer shall be in accordance with the Florida Rules of Appellate Procedure. (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. (Ord. No. 12271, § 2, 8-22-02; Ord. No. 13629, § 2, 9-8-16) 1.76. SAMPLES - Samples of items, when required, must be submitted within the time specified at no expense to the City. If not destroyed by testing, Bidder(s) will be notified by the City to remove such samples, at Bidder's expense, within 30 days after notification. Failure to remove the samples will result in the samples becoming the property of the City. 1.77. SELLING, TRANSFERRING OR ASSIGNING RESPONSIBILITIES — Successful Bidder/Contractor shall not sell, assign, transfer, or subcontract at any time during the term of the Contract, the Contract itself, or any portion thereof, or any part of its operations, or assign, sell, pledge, dispose, convey, or encumber any portion of the performance required by this Bid, 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. 1.78. SERVICE AND WARRANTY — When specified, the Bidder shall define all warranty, service, and replacements that will be provided. Bidders must explain on the Bid to what extent warranty and service facilities are available. A copy of the manufacturer's warranty, if applicable, should be submitted with Bidder's response. 1719386 1.79. SILENCE OF SPECIFICATIONS - The apparent silence of the scope of work/specifications, and any supplemental scope of work/specification as to any detail or the omission from it, of detailed description concerning any point, shall be regarded as meaning that only the best commercial practices are to prevail, and that only materials of first quality and correct type, size, and design are to be used. All workmanship and services shall be first quality. All interpretations of the scope of work/specifications shall be made upon the basis of this statement. If Bidder has a current contract with the State of Florida, Department of General Services, to supply the items on the Formal Solicitation, the Bidder shall quote not more than the contract price; failure to comply with this request will result in disqualification of Bid. 1.80. SUBMISSION AND RECEIPT OF BIDS - Electronic Bid submittals to this IFB are to be submitted through BidSync Electronic Bidding System ("BidSync") until the date and time as indicated in the Solicitation. The responsibility for submitting a Bid on/or before the stated closing time and date is solely and strictly the responsibility of the Bidder. The City will in no way be responsible for delays caused by technical difficulties or caused by any other occurrence. Electronic Bid submissions may require the uploading of electronic attachments. The submission of attachments containing embedded documents or proprietary file extensions is prohibited. All documents should be attached as individual files and labeled. Any Bids received and time stamped through BidSync, prior to the Bid submittal deadline, shall be accepted as a timely submittal and anything thereafter will be rejected. Additionally, BidSync will not allow for the electronic Bid submittal after the closing date and time has lapsed. Bids will be opened promptly at the time and date specified. All expenses involved with the preparation and submission of Bids to the City, or any work performed in connection therewith, shall be borne by the Bidder(s). Accordingly, Bidder(s): 1. Must register, free of charge, with BidSync Electronic Bidding System ("BidSync") to establish an account in order to have access to view and/or respond to any solicitations issued by the City of Miami's Procurement Department ("City"). 2. Shall submit all Bids electronically. Hard copy Bid submittals will not be accepted. NO EXCEPTIONS. 3. Must submit the Certification Statement and associated solicitation documents which define requirements of items and/or services to be purchased, and must be completed and submitted as outlined within the solicitation via BidSync . The use of any other forms and/or the modification of City forms will result in the rejection of the Bidder's Bid submittal. 4. Shall ensure that the Certification Statement is fully completed and provided with your Bid. Failure to comply with these requirements may cause the Bid to be rejected. 5. Must ensure that an n authorized agent of the Bidder's firm signs the Certification Statement and submits it electronically. FAILURE TO SIGN THE CERTIFICATION STATEMENT SHALL DEEM THE BID NON -RESPONSIVE. 6. May be considered non -responsive if Bids do not conform to the terms and conditions of this solicitation. 1.81. TAXES - The City is exempt from any taxes imposed by the State and/or Federal Government. Exemption certificates will be provided upon request. Notwithstanding, Bidders should be aware that all materials and supplies that are purchased by the Bidder for the completion of the Bid 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. 1719386 1.82. TERMINATION — The City Manager, on behalf of the City, reserves the right to terminate the Bid Contract by written notice to the Successful Bidder/Contractor effective as of the date specified in the notice, should any of the following apply: A. The Successful Bidder/Contractor is determined by the City, to be in breach of any of the terms and conditions of the Bid Contract. B. The City has determined that such termination will be in the best interest of the City, to terminate the Bid Contract for its own convenience; C. Funds are not available to cover the cost of the contracted goods and/or services. The City's obligation is contingent upon the availability of appropriate funds. 1.83. TERMS OF PAYMENT - Payment will be made by the City after the goods and/or services have been received, inspected, and found to comply with award specifications, free of damage, or defect, and properly invoiced. Payment will be made after delivery, within forty-five (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. 1.84. TIMELY DELIVERY - Time will be of the essence for any orders placed as a result of the Formal 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 in the Bid. Deliveries are to be made during regular City business hours, unless otherwise specified in the Special Conditions. 1.85. TITLE - Title to the goods shall not pass to the City until after the City has inspected and accepted the goods or used the goods, whichever comes first. 1.86. TRADE SECRETS EXECUTION TO PUBLIC RECORDS DISCLOSURE- All Bids 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 Bid 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 Bidder's name, the Formal Solicitation number, and title marked on the outside. Please be aware that the designation of an item as a trade secret by Bidder may be challenged in court by any person. By Bidder's designation of material in Bidder's Response as a "trade secret" Bidder agrees to indemnify and hold harmless the City for any award to a plaintiff for damages, costs, or attorney's fees and for costs and attomey's fees incurred by the City, by reason of any legal action challenging Bidder's claim. 1.87. UNAUTHORIZED WORK OR DELIVERY OF GOODS- Neither the Successful Bidder/Contractor nor any of their employees shall perform any work, or deliver any goods, unless a change order or purchase order is issued and received by the Successful Bidder/Contractor. The Successful Bidder/Contractor will not be paid for any work performed, or goods delivered outside the scope of the Bid Contract, or any work performed by Successful Bidder's/Contractor's employee(s) not otherwise previously authorized. 1719386 1.88. 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 the Formal Solicitation shall be mentioned, or imply the name of the City, without prior express written permission from the City Manager, or the City Commission. 1.89. VARIATIONS OF SPECIFICATIONS - For purposes of the Formal Solicitation evaluation, Bidder(s) must indicate any variances from the Formal Solicitation scope of work/specifications and/or conditions, no matter how slight. If variations, are not stated on their Bid, it will be assumed that the product fully complies with the Formal Solicitation's scope of work/specifications. 1719386 2. Special Conditions 2.1. PURPOSE The purpose of this Solicitation is to establish a contract for the lease of a Marina forklift, as specified herein, from a source(s), fully compliant with the terms, conditions and stipulations of the Solicitation. 2.2. PRE -BID CONFERENCE A Virtual Voluntary Pre -Bid conference will be held on Thursday, December 28, 2023 at 10:00 A.M. via Teams Click here to join the meeting or via phone +1 786-598-2961, ID: 613 811 363#. A discussion of the requirements of the Solicitation will occur at that time. Each potential Bidder is required, prior to submitting a Bid, to acquaint itself thoroughly with any and all conditions and/or requirements that may in any manner affect the work to be performed. All questions and answers affecting the scope of work/specifications of the IFB will be included in an addendum, that will be distributed through BidSync, following the Pre -Bid Conference to all the attendees. Because the City considers the Pre -Bid Conference to be critical to understanding the Solicitation requirements, attendance is highly recommended. 2.3. DEADLINE FOR RECEIPT OF REQUEST FOR ADDITIONAL INFORMATION/CLARIFICATION Any questions or clarifications concerning this solicitation shall be submitted electronically via the Bidsync Portal. All questions must be received no later than Monday, January 8, 2024, at 5:00 P.M. All responses to questions will be sent to all prospective bidders/proposers in the form of an addendum. NO QUESTIONS WILL BE RECEIVED VERBALLY OR AFTER SAID DEADLINE. 2.4. TERM OF CONTRACT The Contract shall commence upon the date of notice of award and shall be effective for three (3) years, subject to the availability of funds for succeeding fiscal years. Continuation of the contract beyond the initial period is a City prerogative; not a right of the Bidder. This prerogative will be exercised only when such continuation is clearly in the best interest of the City. 2.5. METHOD OF AWARD Award of this contract will be made to the lowest responsive and responsible Bidder who meets Specifications, herein. 2.6. COUNTERPARTS The Marina Forklift Lease Agreement resulting from this solicitation may be executed in counterparts, each of which shall be an original as against either Party whose signature appears thereon, but all of which taken together shall constitute but one (1) and the same instrument. An executed facsimile or electronic scanned copy of this Agreement shall have the same force and effect as an original. The parties shall be entitled to sign and transmit an electronic signature on this Agreement (whether by facsimile, PDF or other email transmission), which signature shall be binding on the party whose name is contained therein. Any party providing an electronic signature agrees to promptly execute and deliver to the other parties an original signed Agreement upon request. 2.7. BIDDER'S MINIMUM QUALIFICATION REQUIREMENTS Bids will only be considered from firms that are regularly engaged in the business of providing goods/services, for a minimum of three (3) years, described herein. The Bidders shall: 1. Be in good standing with the State of Florida Division of Corporation at the time of Bid submittal; 2. Be an authorized Wiggins Marina Bull Forklift (Wiggins) dealer in the State of Florida, and provide 1719386 documentation from Wiggins that states the same. This can be satisfied by providing a copy of the executed Dealer and Service Agreement, a letter from the manufacturer, a designation on the manufacturer's website, or any other verifiable document. A copy of said documentation must be submitted with the Bid submittal; 3. Submit a sample copy of its Dealer's Lease which reflects the terms and conditions for legal review by the City Attorney's Office. In the event that the City and the Successful Bidder are unable to negotiate agreeable terms, the City reserves the right to reject the Bid and negotiate terms with the next lowest responsive and responsible Bidder. The following list of terms and conditions will need to be included in the City's Supplemental Agreement and not negotiable: Public Records, Prompt Payment Act (add State statute), Indemnification, Insurance Requirements, Governing Law and Venue, Compliance with Federal, State, and Local Laws, and Counterparts; 4. Submit signed Certification Statement and Certification Section; 5. Submit three (3) references, for your firm, for projects within the past three (3) years in the Certification Section; 6. Have never filed for bankruptcy, be in sound financial condition, have no record of civil litigation or pending lawsuits involving criminal activities or a moral turpitude, and shall not have conflicts of interest with the City; and 7. Not have any member, principal, officer, or stockholder who is in arrears or in default of any debt or contract involving the City, is a defaulter or surety upon any obligation to the City, and/or has failed to perform faithfully any contract with the City. Notes: 1. Copies of documentation from Wiggins, sample copy of Dealer's lease, signed Certification Statement and Certification Section with references shall be submitted with your bid submittal; and 2. Failure to submit the documentation from Wiggins, sample copy of Dealer's lease, signed Certification Statement and Certification Section with references, with your bid submittal shall render your bid non -responsive. 2.8. REFERENCES Each bid must be accompanied by a list of three (3) references, in the Certification Statement, which shall include the name of the company, dates of contract, description of goods supplied, contact person, telephone number, and email address. The Bidder may only use one (1) department as a reference from each entity. This is reflected in the Certification Section of this solicitation. NO BID WILL BE CONSIDERED WITHOUT THIS LIST. Failure to provide three (3) references at the time of Bid submittal shall deem the Bidder non -responsive. 2.9. 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 it has implemented a drug -free workplace program shall be given preference in the award process. Established procedures for processing tie Bids will be followed if none of the tied vendors have a drug -free workplace program. In order to have a drug -free workplace program, a business shall: (1) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the action that will be taken against employees for violations of such prohibition. (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. 1719386 (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. 2.10. INSURANCE REQUIREMENTS INDEMNIFCATION Successful Bidder shall indemnify, hold and save harmless, and defend (at its own cost and expense), the City, its officers, agents, directors, and/or employees, from all liabilities, damages, losses, judgements, and costs, including, but not limited to, reasonable attomey's fees, to the extent caused by the negligence, recklessness, negligent act or omission, or intentional wrongful misconduct of Successful Bidder and persons employed or utilized by Successful Bidder in the performance of this Contract. Successful Bidder shall further, hold the City, its officials and employees, indemnify, save and hold harmless for, and defend (at its own cost), the City its officials and/or 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. In the event that any action or proceeding is brought against the City by reason of any such claim or demand, the Successful Bidder shall, upon written notice from the City, resist and defend such action or proceeding by counsel satisfactory to the City. The Successful Bidder expressly understands and agrees that any insurance protection required by this Contract or otherwise provided by the Successful Bidder 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 the Successful Bidder to defend, at its own expense, to and through trial, administrative, appellate, supplemental or bankruptcy proceeding, or to provide for such defense, at the City's option, any and all claims of liability and all suits and actions of every name and description which may be brought against the City, whether performed by the Successful Bidder, or persons employed or utilized by Successful Bidder. These duties will survive the cancellation or expiration of the Contract. This Section will be interpreted under the laws of the State of Florida, including without limitation and interpretation, which conforms to the limitations of Sections 725.06 and/or 725.08, Florida Statutes, as applicable and as amended. Successful Bidder shall require all sub -contractor agreements to include a provision that each sub -contractor will indemnify the City in substantially the same language as this Section. The Successful Bidder 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 Successful Bidder in which the City participated either through review or concurrence of the Successful Bidder's actions. In reviewing, approving or rejecting any submissions by the Successful Bidder or other acts of the Successful Bidder, the City, in no way, assumes or shares any responsibility or liability of the Successful Bidder or sub -contractor under this Contract. Ten dollars ($10) of the payments made by the City constitute separate, distinct, and independent consideration for the granting of this Indemnification, the receipt and sufficiency of which is voluntarily and knowingly acknowledged by the Successful Bidder. Please see attached Insurance Addendum for insurance definitions, requirements, and conditions. 1719386 The Successful Bidder(s) shall furnish to City of Miami, c/o Procurement 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 Limits of Liability State of Florida Waiver of Subrogation Employer's Liability 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 (2) Commercial General Liability: A. Limits of Liability Bodily Injury and Property Damage Liability — Each Occurrence: General Aggregate Limit: Personal and Adv. Injury: Products/Completed Operations: $1,000,000 $2,000.000 $1,000,000 $1,000,000 B. Endorsements Required: City of Miami included as an Additional insured. Contingent and Contractual Liability Primary Insurance Clause Endorsement Premises and Operations Liability (3) Business Automobile Liability A. Limits of Liability Bodily injury and property damage liability combined single limits. Owned/Scheduled Autos Including Hired, Borrowed or Non -Owned Autos Any one Accident: $1,000,000 B. Endorsements Required: City of Miami included as an Additional Insured (4) Umbrella Liability Combined Single Limit Each Occurrence General Aggregate Limit $3,000,000 $3,000,000 1719386 City of Miami listed as additional insured. Coverage is excess over the general liability and auto policies. BINDERS ARE UNACCEPTABLE. 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. The insurance coverage required shall include those classifications, as listed in standard liability insurance manuals, which most nearly reflect the operations of the Successful 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 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 Successful 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 Successful 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 for Bid. (5) The City may, at its sole discretion, terminate this contract for cause and seek re -procurement damages from the Successful Bidder in conjunction with the General and Special Terms and Conditions of the Bid. The Successful 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 Successful Bidder. 1719386 2.11. LOCAL OFFICE PREFERENCE Proposers/Bidders wishing to apply for the local office preference shall comply with the General Terms and Conditions, Section 1.48 Local Preference of this solicitation and with Section 18-73 of the City of Miami Procurement Code, titled "Definitions", and shall submit with the Proposal or Bid at the time of the Proposal/Bid due date the following: • Completion and submission of the attached City of Miami Local Office Certification Form; • Submission of a copy of the Proposer's lease documents at the location being deemed a City of Miami Local Office; Submission of a City of Miami Business Tax Receipt; Submission of a Miami Dade County Business Tax Receipt; and • Submission of a copy of the license, certificate of competency, and certificate of use that authorizes the performance of the Proposer/Bidder. 2.12. PUBLIC ENTITY CRIMES To be eligible for award of a contract, firms wishing to do business with the City must comply with Section 287.133(2)(a) of the Florida Statutes, which provides that 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 Proposal on a contract to provide any goods or services to a public entity, may not submit a Proposal on a contract with a public entity for the construction or repair of a public building or public work, may not submit Proposals on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017 of the Florida Statutes, for CATEGORY TWO, as defined by Section 287.017(2) of the Florida Statutes, for a period of thirty-six (36) months from the date of being placed on the convicted vendor list. 2.13. CITY OF MIAMI LIVING WAGE ORDINANCE The City of Miami adopted a Living Wage Ordinance for City Service Contracts with a total contract value exceeding $100,000 annually, and that have been competitively solicited and awarded on, or after January 1, 2017 by the City. "Service Contract" means a contract to provide services to the City, excluding, however, professional services as defined by the "Consultants Competitive Negotiation Act" set forth in F.S. § 287.055, and Section 18-87 of the City Code, and/or the other exclusions provided by Section 18-557 of the City Code. Section 18-557 is attached as Attachment A. Please see provisions in Attachment A. If a solicitation requires services, effective on January 1, 2017, contractors must pay to all its employees, who provide services, a living wage of no less than $15.00 per hour without health benefits; or a wage of no less than $13.19 an hour, with health benefits. This language is only a summary of the key provisions of the City of Miami Living Wage Ordinance. Please review Attachment A, attached hereto, for a complete and thorough description of the City of Miami Living Wage Ordinance. 2.14. CURES Please refer to Section 1.56, Notice Regarding Cures of the General Terms and Conditions of this solicitation. 2.15. SUBMISSION OF RECEIPT OF BIDS Please refer to Section 1.80, Submission and Receipt of Bids of the General Terms and Conditions of this solicitation. 1719386 2.16. FORCE MAJEURE Successful Bidder shall not be liable for any failure or delay in the performance of this Contract for the period that such failure or delay is due to causes beyond its reasonable control, including but not limited to act of God, war, strikes or labor disputes, embargos, government orders or any other force majeure event. 2.17. PRODUCT INFORMATION All Bidders must submit forklift information on the forklift they propose to furnish on this bid. Any bid received not containing this information may be rejected for that reason. If product shown in this bid are incorrect or obsolete, it is the responsibility of the vendor to update or advise the City of this problem. The City will issue an addendum to correct and update product, when applicable. The product the Bidders show on their bid is the one the City will expect to receive. 2.18. COMPLETE PROJECT REQUIRED The scope of these specifications is to ensure the delivery of complete unit, ready for operation. Omission of any essential detail from these specifications does not relieve the supplier from furnishing a complete working unit to the satisfaction of the City of Miami. 2.19. EMERGENCY SERVICE/CONTACT The Successful Bidder shall provide the City with evening, weekend, and holiday service, as necessary, to manage an emergency situation which threatens public health and safety, as determined by the City. The Successful Bidder shall be immediately available via a twenty-four (24) hour, seven (7) day per week phone service. It is expected that non- scheduled requests for service (emergency calls, etc.) shall be responded to within four (4) hours after the call is placed to the service or directly to the Successful Bidder. The Successful Bidder shall ensure that the Project Manager, designee, or facility liaison has the cell phone and the home phone number of all employees assigned, or who would be called to the facility, and the designated employees shall be directed to respond to direct calls from the Project Manager, designee, or facility liaison, their representative, or other designated individual(s). 2.20. PROJECT MANAGER Upon award, the Successful Bidder shall report and work directly with Donald Lutton or designee, who shall be designated as the Project Manager. 2.21. PARTS AT PASS -THROUGH COST All costs for parts required for repair jobs shall be billed at the Successful Bidder's actual cost, and will be passed on to the City without markup or any additional fees. Successful Bidder shall submit a purchase receipt for parts along with the labor invoice for payment. The Successful Bidder shall be responsible for sourcing all parts necessary to complete the work requirements of each job specification. Replacement parts fumished must be of the same manufacturer or an equal product. All equipment and materials shall be commercial quality and grade and be from a regular product line. Prototype, obsolete, and residential quality/grade equipment/materials shall not be specified or installed in the facilities. All parts installed and materials used in performance of this Contract shall be new and unused (of current design and manufacture). Salvage materials will not be allowed without the express consent of the Project Manager or designee. All materials and workmanship shall be of the highest quality and shall conform to all applicable building codes, so as to ensure safe and functional operation. The City shall be the sole judge as to parts and workmanship. 1719386 2.22. WARRANTY, FITNESS FOR PURPOSE The Successful Bidder warrants items supplied under this contract conform to specifications herein and are fit for the purpose for which such goods are ordinarily employed; except if stated in a Special Condition, the material must be fit for that particular purpose. The Successful Bidder and the City agree that orders under this contract do not exclude, or in any way limit, other warranties, provided in this agreement or by law. 2.23. NO SUBSTITUTIONS When No Substitution is used in combination with a manufacturer's name, brand name and/or model number that named item is the only item that will be accepted by the City. 2.24. LABOR, SUPERVISION, AND EQUIPMENT The Successful Bidder shall furnish, at their own expense, all labor, supervision, supplies, and 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 which shall be properly maintained and in use at all 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 items that are deemed by the City as unsafe, or which may create an uncomfortable environment and/or service to City employees or patrons. Successful Bidder shall be solely responsible for the equipment used in this Contract. The City will not provide any storage facilities for said equipment or supplies. 2.25. NON -APPROPRIATION OF FUNDS In the event no funds or insufficient funds are appropriated and budgeted or are otherwise unavailable in any fiscal period for payments due under this contract, then the City, upon written notice to Successful Bidder or his 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(s). 2.26. FAILURE TO PERFORM Should it not be possible to reach the Successful Bidder and/or should remedial action not be taken within forty-eight (48) hours of any failure to perform according to specifications, the City reserves the right to declare Successful Bidder in default of the contract or make appropriate reductions in the contract payment. 2.27. METHOD OF PAYMENT Payment is due every month for thirty-six (36) months. 2.28. DELAYS The Successful Bidder shall notify the City's Project Manager or designee, of any actual or potential delays. 2.29. DELIVERY The Successful Bidder shall specify the estimated delivery time (in calendar days) for the forklift Point of Destination: Forklift shall be delivered F.O.B. Miami, inside the premises to the following location: City of Miami Marine Stadium Marina 1719386 2.30. MATERIALS SHALL BE NEW AND WARRANTED AGAINST DEFECTS Successful Bidder hereby acknowledges and agrees that all materials/products, except where recycled content is specifically requested, supplied by the Successful Bidder in conjunction with this Bid shall be new, warranted for their merchantability, and fit for a particular purpose. In the event any of the materials/products supplied to the City by the Successful Bidder are found to be defective or do not conform to specifications, the City reserves the right to cancel the order and return such materials/products to the Successful Bidder to replace the materials/products at the Successful Bidder's expense. 2.31. LIQUIDATED DAMAGES Failure to complete the project in accordance with the specifications and to the satisfaction of the City within the time stated, shall result in liquidated damages being assessed. The Successful Bidder shall be subject to an assessment of liquidated damages in the amount of 100.00 for each and every calendar day the work remains incomplete (not to exceed the total amount of the contract), as compensation due to the City for loss of use and for additional costs incurred by the City due to such noncompletion of the work. The City shall have the right to deduct said liquidated damages from any amount due or that may become due to the Successful Bidder under this agreement or to invoice the Successful Bidder for such damages if the costs incurred exceed the amount due to the Successful Bidder. 2.32. ADDITIONS/DELETIONS OF FACILITIES/PRODUCTS/ITEMS/SERVICES/SUPPLIERS Although this Solicitation identifies specific facilities/products/items/services/suppliers, it is hereby agreed and understood that any facility/product/item/service/supplier may be added/deleted to/from this contract at the option of the City. When an additional facility/product/item/service to the contract is required, the Successful Bidder shall be invited to submit price quotes for these new facility/product/item/service. If the prices are competitive or not carried, the City maintains the right to add additional suppliers for the Contract to carry those items required. If these quotes are comparable with market prices offered for similar facilities/products/items/services, 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. 2.33. 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. 2.34. E-VERIFY EMPLOYMENT VERIFICATION Successful Bidder shall E-Verify the employment status of all employees and subcontractors to the extent required by federal, state, and local laws, rules, and regulations. The City shall consider the employment by any Successful Bidder of unauthorized aliens a violation of Section 274A(e) of the Immigration and Nationality Act. If the Successful Bidder knowingly employs unauthorized aliens, such violation shall be cause for termination of the Contract. Furthermore, the Successful Bidder agrees to utilize the U.S. Agency of Homeland Security's E-Verify System, https://e-verify.uscis.gov/emp , to verify the employment eligibility of all employees during the term of this Contract. The Successful Bidder shall also include a requirement in subcontracts that the subcontractor shall also utilize the E-Verify System to verify the employment eligibility of all employees of the subcontractor during the term of this Contract. 1719386 2.35. TERMINATION A. FOR DEFAULT If Successful Bidder defaults in its performance under this Contract and does not cure the default within thirty (30) days after written notice of default, the City Manager may terminate this Contract, in whole or in part, upon written notice without penalty to the City of Miami. In such event the Successful Bidder(s) shall be liable for damages including the excess cost of procuring similar supplies or services: provided that if, (1) it is determined for any reason that the Successful Bidder 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 thirty (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. 2.36. ADDITIONAL TERMS AND CONDITIONS No additional terms and conditions included as part of your 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, price lists or warranties, it is understood and agreed that the General Conditions and Special Conditions in this solicitation are the only conditions applicable to this solicitation and that the bidder's authorized signature affixed to the bidder's acknowledgment form attests to this. 1719386 3. Specifications 3.1. SPECIFICATIONS/SCOPE OF WORK The purpose of this solicitation is to establish a contract with a responsive and responsible Bidder for the leasing of a Wiggins Marina forklift as specified in Attachment C — Forklift Specifications, for thirty-six (36) months and two thousand (2000) hours of use annually The lease includes, but not limited to, maintenance and repairs, inclusive of one (1) mechanic that shall inspect and grease the machine monthly. The following wear items are excluded and shall be billed pursuant to Section 2.21 Parts at Pass Through: hoses, fork covers, tires, other items, and customer damage (labor to be included). PLEASE REFER AND ADHERE CLOSELY TO ATTACHMENT C - FORKLIFT SPECIFICATIONS (NO SUBSTITUTION). MAINTENANCE (ON AN AS NEEDED BASIS) Successful Bidder shall: 1. Perform chain maintenance and grease; 2. Check and change oil, brake fluid, and radiator fluid; 3. Dispose of all debris off site; and 4. Leave forklift in ready for use conditions. Notes: 1. The City shall be responsible for daily freshwater rinsing; 2. After the original lease of thirty-six (36) months, there will be an exchange of equipment (the City will issue a new IFB); 3. Additional work outside the scope of work shall be reported to the Project Manager prior to commencement. No work shall be completed without the written approval of the Project Manager or Designee. ***Note: LICENSES AND PERMITS: Services performed for the City will require licenses and permits in the same manner as private construction projects within the City. The Successful Bidder(s) shall secure, at their expense, all licenses and permits and shall fully comply with all applicable laws, regulations and codes as required by the State of Florida, county, or local ordinances. The Successful Bidder must fully comply with all federal and state laws, county and municipal ordinances, and regulations in any manner affecting the prosecution of the work. Any fines or penalties to the Successful Bidder shall be paid at the Successful Bidder's expense.