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Home My WebLink AboutBack-Up DocumentsCITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM Arthur Noriega V City Manager CSigned by apaSSa CAL rb[n. A2BDB5A688B,5fi FROM: Annie Perez, CPPO Director/Chief Procurement Officer Department of Procurement DATE: August 27, 2024 FILE SUBJECT: Recommendation for Approval to Award Boat Maintenance, Repairs, Parts, and Related Marine Service, Citywide REFERENCES: Invitation for Bid ("IFB") No. 1781386 ENCLOSURES: Bid Tabulation RECOMMENDATION: Based on the findings below, the Department of Procurement ("Procurement"), hereby recommends award of Group Numbers. 1, 3, 4, and 6 pursuant to Invitation for Bid, ("IFB") No. 1781386 to the following responsive and responsible Bidders, on a line by line Primary, Secondary, and Tertiary basis as reflected on the attached Tabulation Sheet, Barnacle King, LLC ("Barnacle King"), CRG Marine, Inc., dba Strictly Yamaha ("CRG Marine"), and Miami Ski Nautiques dba MN Marine Group ("MN Marine") for Boat Maintenance, Repairs, Parts, and Related Marine Service, Citywide, on a monthly, bi-monthly, annual as well as an emergency and as needed basis. The awarded vendors, contract terms, and amount are shown below: IFB No./Title: Contract Amount: Contract Term: Recommended Vendor: IFB No. 1781386, Boat Maintenance, Repairs, Parts, and Related Marine Service, Citywide $265,000.00 Annually (Approximately $1,590,000.00 in the aggregate). Three (3) years with option to renew for one (1) additional three (3) year period. Barnacle King, LLC ("Barnacle King"), CRG Marine, Inc., dba Strictly Yamaha ("CRG" Marine"), and Miami Ski Nautiques dba MN Marine Group ("MN Marine") BACKGROUND: On March 22, 2024, Procurement on behalf of the Police Department ("Police") and the Department of Fire -Rescue ("Fire -Rescue") issued IFB No. 1781386 for Boat Maintenance, Repairs, Parts, and Related Marine Service, Citywide on a monthly, bi-monthly, annual basis as well as on an emergency and as needed basis, under full and open competition. On May 17, 2024, at bid closing four (4) bids were received. All Bids were evaluated and tabulated following the guidelines published in the Bid. One (1) Bidder was found non -responsive as they did not submit the required certification evidencing that the Bidder is a certified mechanic that can work on Yamaha and Mercury boat engines as well as the Factory Certified Repair Technicians' certification as required by the Solicitation. Three (3) Bidders were deemed responsive and responsible for Groups 1, 3, 4, and 6. Group Numbers 2 and 5 will be resourced among the awardees as further clarification and additional information was needed in order for the Bidders to submit their Bid appropriately. Consequently, approval of this recommendation to award is requested Your signature below will indicate approval of this recommendation. Approved: ar&A,r Abviw Arthur Noriega V, City Manager Date: September 9, 2024 1 18:24:38 EDT c: Manuel Morales, Chief, Police Department Robert Hevia, Chief, Department of Fire -Rescue Pablo R. Velez, Senior Assistant City Attorney Yadissa A. Calderon, CPPB, Assistant Director, Department of Procurement PR24226 IFB 1781386 Boat Maintenance, Repairs, Parts, and Related Marine Service, Citywide Group 1: Labor (All Parts at Pass Through Cost) Barnacle King CRG Marine MN Marine G oup Item# Item Qty Unit Price Total Notes Price Total Notes Price Total Notes 1.1 Yamaha Engines: Maintenance and Repair 1 Hour $100.00 $100.00 $155.00 $155.00 Service Call (If Any) 1 Each $75.00 $75.00 1.2 Mercury Engines: Maintenance and Repair 1 Hour $155.00 $155.00 Service Call (If Any) 1 Each 1.3 Marine Electronics Repairs (i.e., GPS, navigation, radar, antenna, speakers, etc.) 1 Hour $125.00 $125.00 $155.00 $155.00 Service Call (If Any) 1 Each $75.00 $75.00 1.4 Caterpillar Engines: Maintenance and Repairs 1 Hour Service Call (If Any) 1 Each 1.5 Ultra Jet Drives: Maintenance and Repair 1 Hour Service Call (If Any) 1 Each 1.6 ZF Marine Transmission: Maintenance and Repair 1 Hour Service Call (If Any) 1 Each 1.7 Kohler Generator: Maintenance and Repair 1 Hour Service Call (If Any) 1 Each LINE 1.1 PRIMARY LINE 1.1 SECONDARY NO PRIMARY, SECONDARY OR TERTIARY FOR LINES 1.4, 1.5, 1.6 AND 1.7 NO TERTIARY FOR LINES 1.1, 1.2 AND 1.3 NO SECONDARY FOR LINE 1.2 LINE 12 PRIMARY = LINE 1.33 PRIMARY LINE 1.3 SECONDARY Group 2: 100 Hour Service Interval: Maintenance Inspections on the Engines (Inclusive of all Parts and Labor) Barnacle King CRG Marine MN Marine Group Item# Item Qty Unit Price Total Notes Price Total Notes Price Total Notes 2.1 Yamaha Engines 40HP: Model#'s: F40LA, F40LEHA 1 Hour *Warranty on Labor (Number of Days) Day *Warranty on Parts (Number of Days) Day 2.2 Yamaha Engines 115HP: Model #'s: XB115 1 Hour *Warranty on Labor (Number of Days) Day *Warranty on Parts (Number of Days) Day 2.3 Yamaha Engines 250HP: Model #'s: LF250XCA, F250NCB 1 Hour *Warranty on Labor (Number of Days) Day *Warranty on Parts (Number of Days) Day 2.4 Yamaha Engines 300HP: Model #'s: S300XSB, F300NCB, F300NCA 1 Hour *Warranty on Labor (Number of Days) Day *Warranty on Parts (Number of Days) Day 2.5 Mercury Engines 150HP: Model #'s 1150F23ED 1 Hour *Warranty on Labor (Number of Days) Day *Warranty on Parts (Number of Days) Day 2.6 Mercury Engines 300HP: Model#'s: 1301V34LD, 1301V33LD, 1301V24LD,13-1V23LD, 13000104A, 13000107A, 13000101A 1 Hour *Warranty on Labor (Number of Days) Day *Warranty on Parts (Number of Days) Day GROUP 2 WILL NOT BE AWARDED AT THIS TIME Group 3: Parts Only Minimum Percent Discount Off Parts Catalog (List Catalogs) Barnacle King CRG Marine MN Marine Group Item# Item Qty Unit Price Total Notes Price Total Notes Price Total Notes 3.1 Minimum Percent Discount Off Manufacturer's List Price Catalog for Caterpiller Engines (express as a decimal, i.e., 15% discount = .15) % Off 3.2 Minimum Percent Discount Off Manufacturer's List Price Catalog for Yamaha Engines (express as a decimal, i.e., 15% discount = .15) % Off 15% 25% 3.3 Minimum Percent Discount Off Manufacturer's List Price Catalog for Mercury Engines (express as a decimal, i.e., 15% discount = .15) % Off 25% 3.4 Minimum Percent Discount Off Manufacturer's List Price Catalog for Ultra Jet (express as a decimal, i.e., 15% discount = .15) % Off 3.5 Minimum Percent Discount Off Manufacturer's List Price Catalog for ZF Marine Transmission (express as a decimal, i.e., 15% discount = .15) % Off 3.6 Minimum Percent Discount Off Manufacturer's List Price Catalog for Kohler Generator (express as a decimal, i.e., 15% discount = .15) % Off 3.7 Minimum Percent Discount Off Manufacturer's List Price Catalog not listed above (express as a decimal, i.e., 15% discount = .15) % Off 15% 25% NO PRIMARY, SECONARY, OR TERTIARY FOR LINES 3.1, 3.4, 3.5 AND 3.6 NO SECONDARY FOR LINE 3.3 NO TERTIARY FOR LINES 3.2, AND 3.7 LINE 3.2 SECONDARY LINE 3.2 PRIMARY LINE 3.3 PRIMARY LINE 3.7 SECONDARY LINE 3.7 PRIMARY Group 4: Fiberglass/Aluminum Boat Hull Repar (with Pans at Pass Through Cost) Barnacle King CRG Marine MN Marine Group Item# Item Qty Unit Price Total Notes Price Total Notes Price Total Notes 4.1 Boat Hull Repair: Fiberglass 1 Hour $125.00 $125.00 $175.00 $175.00 Service Call Charge (If Any) 1 Hour $75.00 $75.00 4.2 Boat Hull Repair: Aluminum 1 Hour Service Call Charge (If Any) 1 Hour NO PRIMARY, SECONDARY, OR TERTIARY FOR LINE 4.2 NO TERTIARY FOR LINE 4.1 LINE 4.1 PRIMARY LINE 4.1 SECONDARY Group 5: Haul -Out Hurricane Plan MEM Barnacle King CRG Marine MN Marine Group Item# Item Qty Unit Price Total Notes Price Total Notes Price Total Notes 5.1 Cost to Haul -Out Thirty -Five (35') foot (ft.) Marlin Boat and Release back into water 1 Each 5.2 Daily Cost to Store Thirty -Five (35') foot (ft.) Marlin Boat 1 Each 5.3 Cost to Haul -Out Fifty (50') foot (ft.) Fireboat and Release back into water 1 Each 5.4 Daily Cost to Store Fifty (50') foot (ft.) Fireboat 1 Each 5.5 Cost to Haul -Out Fifty (50') foot (ft.) Houseboat and Release back into water 1 Each 5.6 Daily Cost to Store Fifty (50') foot (ft.) Houseboat 1 Each Group 6: Barnacle Removal: GROUP 5 WILL NOT BE AWARDED AT THIS TIME Clean Barnacles, Algae, and Fouling Below Waterline, Multi -Point Underwater Inspection of Zin s, Running MN Marine Group Gear, Bottom Paint, Report Findings(Yearlong, Barnacle King Bi-Monthly) CRG Marine Item# Item Qty Unit Price Total Notes Price Total Notes Price Total Notes 6.1 Two (2), 50ft. Metal Craft Aluminum Fireboats 26 Each $11,700.00 $11,700.00 6.2 One (1), 50ft. Houseboat Fire Station 26 Each $5,850.00 $5,850.00 6.3 One (1), 27ft. Boston Whaler Center Console 26 Each $4,134.00 $4,134.00 6.4 One (1), 35ft. Marlin Center Console 26 Each $4,134.00 $4,134.00 LINE 6.1 PRIMARY LINE 6.2 PRIMARY LINE 6.3 PRIMARY NO SECONDARY OR TERTIARY FOR LINES 6.1-6.4 LINE 6.4 PRIMARY Date: June, 2024 Signature of Director/Designee DIVISION OF CORPORATIONS Drin«fir l of 5101/v org -- an official 3'tulw of Flotilla weiklity Department of State / Division of Corporations / Search Records / Search by FEI/EIN Number / Detail by FEI/EIN Number Florida Profit Corporation CRG MARINE, INC. Filing Information Document Number P14000034350 FEI/EIN Number 46-5467727 Date Filed 04/16/2014 State FL Status ACTIVE Last Event NAME CHANGE AMENDMENT Event Date Filed 04/06/2020 Event Effective Date NONE Principal Address 1031 DOVE AVE MIAMI SPRINGS, FL 33166 Mailing Address 1031 DOVE AVE MIAMI SPRINGS, FL 33166 Registered Agent Name & Address GARCED, CARLOS rafael 1031 DOVE AVE MIAMI SPRINGS, FL 33166 Name Changed: 04/10/2019 Officer/Director Detail Name & Address Title P/S GARCED, CARLOS 1031 DOVE AVE MIAMI SPRINGS, FL 33166 Annual Reports Report Year Filed Date 2022 02/01/2022 2023 03/14/2023 2024 04/24/2024 Document Images 04/24/2024 --ANNUAL REPORT View image in PDF format 03/14/2023 --ANNUAL REPORT View image in PDF format 02/01/2022 --ANNUAL REPORT View image in PDF format 02/05/2021 --ANNUAL REPORT 04/13/2020 --ANNUAL REPORT 04/06/2020 -- Name Change 04/10/2019 --ANNUAL REPORT 03/01/2018 --ANNUAL REPORT 02/22/2017 --ANNUAL REPORT 02/08/2016 --ANNUAL REPORT 02/23/2015 --ANNUAL REPORT 05/19/2014 -- Name Change 04/16/2014 -- 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 DIVISION OF CORPORATIONS rin at i of 5101/v org -- an official 3'tulw of Flotilla weiklity Department of State / Division of Corporations / Search Records / Search by FEI/EIN Number / Detail by FEI/EIN Number Florida Profit Corporation MIAMI SKI NAUTIQUE, INC Filing Information Document Number FEI/EIN Number Date Filed State Status Last Event Event Date Filed Event Effective Date Principal Address 3828 NW 2 AVE MIAMI, FL 33127 P98000092154 65-0874277 10/29/1998 FL ACTIVE CANCEL ADM DISS/REV 10/12/2009 NONE Changed: 04/11/2005 Mailing Address 3828 NW 2 AVE MIAMI, FL 33127 Changed: 04/11/2005 Registered Agent Name & Address FLORIDA GENERAL COUNSEL P.A. 3401 NW 82 AVE SUITE # 360 DORAL, FL 33122 Name Changed: 02/21/2023 Address Changed: 02/21/2023 Officer/Director Detail Name & Address Title PDT LAURSEN, HENRIK 3828 N.W. 2 AVENUE MIAMI, FL 33127 Annual Reports Report Year Filed Date 2022 02/07/2022 2023 02/21/2023 2024 03/07/2024 Document Images 03/07/2024 --ANNUAL REPORT 02/21/2023 --ANNUAL REPORT 02/07/2022 --ANNUAL REPORT 04/09/2021 --ANNUAL REPORT 03/11/2020 --ANNUAL REPORT 04/01/2019 --ANNUAL REPORT 01/16/2018 --ANNUAL REPORT 02/24/2017 --ANNUAL REPORT 03/03/2016 --ANNUAL REPORT 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 04/30/2015 --ANNUAL REPORT View image in PDF format 03/25/2014 --ANNUAL REPORT 04/30/2013 --ANNUAL REPORT 03/21/2012 --ANNUAL REPORT 01/07/2011 --ANNUAL REPORT 02/23/2010 --ANNUAL REPORT 10/12/2009 -- REINSTATEMENT 03/26/2008 --ANNUAL REPORT 03/29/2007 --ANNUAL REPORT 02/01/2006 --ANNUAL REPORT 04/11/2005 --ANNUAL REPORT 12/06/2004 --Amendment 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 View image in PDF format 09/13/2004 --ANNUAL REPORT 06/09/2003 --ANNUAL REPORT 01/09/2002 --ANNUAL REPORT 01/17/2001 --ANNUAL REPORT 05/05/2000 --ANNUAL REPORT 03/04/1999 --ANNUAL REPORT 10/29/1998 -- 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 Florida Department of State, Division of Corporations Previous on List No Filing History Next on List Return to List I)!yl:l Jr i (if wt offiviai Slate of Floridaweb. Fictitious Name Detail Fictitious Name MN MARINE GROUP Filing Information Registration Number G23000125968 Status ACTIVE Filed Date 10/11/2023 Expiration Date 12/31/2028 Current Owners 1 County MIAMI-DADE Total Pages 1 Events Filed NONE FEI/EIN Number NONE Mailing Address 3828 NW 2ND AVE MIAMI, FL 33127 Owner Information MIAMI SKI NAUTIQUE 3828 NW 2ND AVE MIAMI, FL 33127 DIVISION OF CORPORATIONS Fictitious Name Search Submit FEI/EIN Number: 65-0874277 Document Number: P98000092154 Document Images 10/11/2023 -- Fictitious Name Filing View image in PDF format Previous on List Next on List Return to List No Filing History Fictitious Name Search Submit l Department of State / ftbrg I of j 1 f J. ►d _JI,�P 1 �r rram!1 an official w w of Flotilla weiklite Division of Corporations / Search Records / Search by Entity Name / DIVISION OF CORPORATIONS Detail by Entity Name Florida Limited Liability Company BARNACLE KING LLC Filing Information Document Number FEI/EIN Number Date Filed Effective Date State Status Principal Address L19000048801 83-4076504 02/19/2019 02/14/2019 FL ACTIVE 1701 NE 14TH AVE UNIT 2 FORT LAUDERDALE, FL 33305 Changed: 09/13/2021 Mailing Address 1701 NE 14TH AVE UNIT 2 FORT LAUDERDALE, FL 33305 Changed: 09/13/2021 Registered Agent Name & Address BASSETT, RICHARD 1701 NE 14TH AVE UNIT 2 FORT LAUDERDALE, FL 33305 Address Changed: 02/22/2022 Authorized Person(s) Detail Name & Address Title President Bassett, Richard Michael 1701 NE 14TH AVE UNIT 2 FORT LAUDERDALE, FL 33305 Annual Reports Report Year Filed Date 2022 02/22/2022 2023 03/24/2023 2024 02/06/2024 Document Images 02/06/2024 --ANNUAL REPORT 03/24/2023 --ANNUAL REPORT 02/22/2022 --ANNUAL REPORT 04/06/2021 --ANNUAL REPORT 02/10/2020 --ANNUAL REPORT 02/19/2019 -- Florida Limited Liability 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 LEASE AGREEMENT THIS LEASE ("Lease") is entered into this 15 day of October, 2019, between CVR REALTY, LLC, a Florida limited liability company, with its principal office located at 2600 So. Douglas Road, Suite 913, Coral Gables, Florida 33134 ("Lessor") and STRICTLY YAMAHA, INC, a Florida company, with its principal office located at 031 Dove Avenue, Miami Springs, FL 33166 ("Lessee"). RECITALS WHEREAS, the Lessee wishes to rent the premises located at 2380 NW 21 Terrace ("Building") Unit D, Miami FL 33142 ("Premises"), which consists of 3,986 square feet; WHEREAS, the Lessor agrees to rent the Premises exclusively to the Lessee to use as an industrial warehouse; NOW, THERFORE, in consideration of the terms and conditions set forth below, the Lessor and Lessee agree as follows: 1. LESSEE'S ACCEPTANCE OF PREMISES. Lessor hereby leases to Lessee, and Lessee hereby leases from Lessor, the Premises, for the term, at the Rent, and upon all of the terms, covenants and conditions set forth in this Lease. While the approximate square footage of the Premises may have been used in the marketing of the Premises for purposes of comparison, the Rent stated herein is not tied to square footage and is not subject to adjustment should the actual size be determined to be different. Lessee hereby accepts the Premises in the condition they are in at Lease Commencement Date and agrees to maintain said Premises in the same condition, order and repair as they are at the commencement of said term excepting only reasonable wear and tear arising from the use thereof under this agreement, and to make good to said Lessor immediately upon demand, any damage to water apparatus, or electric lights or any fixture, appliances or appurtenances of said Premises, or of the building caused by any act or neglect of Lessee, or of any person or persons in the employ or under the control of the Lessee. 2. ACKNOWLEDGEMENTS. Lessee acknowledges that: (a) it has been given an opportunity to inspect and measure the premises, (b) Lessee has been advised by Lessor and/or brokers to satisfy itself with respect to the size and condition of the Premises (including but not limited to the electrical, HVAC and fire sprinklersystems, security, environmental aspects, and compliance with applicable requirements), and their suitability for lessee's intended use, (c) Lessee has made such investigation as it deems necessary with reference to such matters and assumes all responsibilitythereforasthe same relate to its occupancy of the Premises, (d) it is not relying on any representation as to the size of the premises made by brokers or Lessor, (e) the square footage of the premises was not material to Lessee's decision to lease the premises and pay the rent stated herein, and (f) neither Lessor, Lessor's agents, nor brokers have made any oral or Page 1 written representations or warranties with respect to said matters other than as set forth in this Lease. in addition, Lessor acknowledges that: (i) brokers have made no representations, promises or warranties concerning Lessee's ability to honorthe lease or suitability to occupy the Premises, and (ii) it is Lessor's sole responsibility to investigate the financial capability and/or suitability of all proposed Lessees. 3. USE. a. Lessee shall occupy and use the Premises as a warehouse and for no other purposes or uses whatsoever. b. Lessee shall not use or permit the use of the Premises in a manner that is unlawful, creates damage, waste or a nuisance, impairs the structural integrity of the improvements of the Building, will not adversely affectthe mechanical, electrical, HVAC, and othersystems of the Building, and/or will not affect the exterior appearance of the Building or that disturbs occupants of or causes damage to neighboring premises or properties c. Lessee is responsible for determining whether or not the zoning and other building codes applicable laws, covenants or restrictions of record, regulations, and ordinances are appropriate for Lessee's intended use and acknowledges that past uses of the Premises may no longer be allowed. d. Lessee shall not engage in any activities which cause damage to the Premises or otherwise utilize toxic substances or dangerous chemicals which might be harmful either to the Premises or to licenses or invites upon said Premises. 4. TERM OF LEASE. This term of this Lease is for thirty-seven (37) months ("Term") commencing on October 15, 2019 ("Lease Commencement Date") and terminating November 14, 2022 ("Expiration Date"). Lessor agrees to use its best commercially reasonable efforts to deliver possession of the Premises to Lessee by the Lease Commencement Date. If, despite said efforts, Lessor is unable to deliver possession by such date, Lessor shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease or change the Expiration Date. Lessee shall not, however, be obligated to pay Rent or perform its other obligations until Lesso r delivers possession of the Premises and any period of rent abatement that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to what Lessee would otherwise have enjoyed under the terms he reof, but minus any days of delay caused by the acts or omissions of Lessee. If possession is not delivered within 60 days afterthe Lease Commencement Date, as the same may be extended underthe terms of any Work Letter executed by Parties, Lessee may, at its option, by notice in writing within 10 days after the end of such 60 day period, cancel this Lease, in which event the Parties shall be discharged from all obligations hereunder. If such written notice is not received by Lessor within Page 2 said 10-day period, Lessee's right to cancel shall terminate. If possession of the Premises is not delivered within 120days after the Lease Commencement Date, this Lease shall terminate unless other agreements are reached between Lessor and Lessee, in writing. Notwithstanding the foregoing, Lessorshall not be required to deliver possession of the Premises to Lessee until Lessee complies with its obligation to provide evidence of insurance as required under this Lease. Pending delivery of such evidence, Lessee shall be required to perform all of its obligations under this Lease from and after the Lease Commencement Date, including the payment of Rent, notwithstanding Lessor's election to withhold possession pending receipt of such evidence of insurance. Further, if Lessee is required to perform any other conditions prior to or concurrent with the Lease Commencement Date, the Lease Commencement Date shall occur, but Lessor may elect to withhold possession until such conditions are satisfied . 5. RENEWAL OPTION. The Lease may be renewed for one (1) additional five (5) year term upon receipt of written notice from Lessee sixty (60) days prior to the termination of the Term. The renewal notice shall be directed to Landlord and shall inform Lessor of its intent to renew the Lease. 6. RENT. All monetary obligations of Lessee to Lessor under the terms of this Lease, including any Additional Rent (except for the Security Deposit) are deemed to be rent ("Rent"). a. Lessee will pay the Rent of $ 3,561.39, plus applicable local sales tax. The total monthly installment due is $3.800.00 including applicable sales tax for Miami Dade FL. The Rent shall be adjusted everyyearfromthe Lease Commencement Date by an annual increase of three percent (3%). Notwithstanding anything to the contrary herein, Rent shall be abated for the first (1st) month of the lease Term. b. All payments are to be made to the Lessor on the fifteenth (15th) day of each month and every month in advance without demand at the office of Lessor, or at such other place and to such other person, as the Lessor may from time to time designate in writing. Lessee shall cause payment of Rent to be received by Lessor in lawful money of the United States on or before the day on which it is due, without offset or deduction (except as specifically permitted in this Lease). All monetary amounts shall be rounded to the nearest whole dollar. In the event that any invoice prepared by Lessor is inaccurate such inaccuracy shall not constitute a waiver and Lessee shall be obligated to pay the amountsetforth in this Lease. Rentforany period during the term hereof which is for less than one full calendar month shall be prorated based upon the actual number of days of said month. Acceptance of a payment which is Tess than the amount then due shall not be a waiver of Lessor's rights to the balance of such Rent, regardless of Lessor's endorsement of any check so stating. c. Lessee hereby acknowledges that late payment by Lessee of Rent will cause Lessor to incur costs not contemplated by this Lease, the exact amount of which will Page 3 be extremely difficult to ascertain. Accordingly, if any Rent shall not be received by Lessorwithin 5 days aftersuch amount shall be due, then, without any requirement for notice to Lessee, Lessee shall immediately pay to Lessor a one-time late charge equal to 10% of each such overdue amount or $100, whichever is greater. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs Lessor will incur by reason of such late payment. Acceptance of such late charge by Lessor shall in no event constitute a waiver of Lessee's Default or Breach with respect to such overdue amount, nor prevent the exercise of any of the other rights and remedies granted hereunder. In the event that a late charge is payable hereunder, whether or not collected, for 3 consecutive installments of Base Rent, then notwithstanding any provision of this Lease to the contrary, Rent shall, at Lessor's option, become due and payable quarterly in advance. d. Any monetary payment due Lessor hereunder, other than late charges, not received by Lessor, when due shall bear interest from the 31" day after it was due. The interest ("Interest") charged shall be computed at the rate of 10% per annum but shall not exceed the maximum rate allowed by law. Interest is payable in addition to the potential late charge provided for in Paragraph 6 (d). 7. SECURITY DEPOSIT. Upon signing this Lease, Lessee shall submit to Landlord a check for the equivalent of one month's rent including applicable sales tax, or Three Thousand Eight Hundred dollars ($ 3,800.00 ) as a Security Deposit, which shall be held by Lessor as security for the faithful performance by the Lessee of all of the terms, conditions, covenants, promise and agreements of this Lease. If Lessee fails to pay Rent, or otherwise Defaults under this Lease, Lessor may use, apply or retain all or any portion of said Security Deposit for the payment of any amount already due Lessor, for Rents which will be due in the future, and/ or to reimburse or compensate Lessorfor any liability, expense, loss or damage which Lessor may suffer or incur by reason thereof. If Lessor uses or applies all or any portion of the Security Deposit, Lessee shall within 10 days after written request therefor deposit monies with Lessor sufficient to restore said Security Deposit to the full amount required by this Lease. If the Base Rent increases during the term of this Lease, Lessee shall, upon written request from Lessor, deposit additional monies with Lessor so that the total amount of the Security Deposit shall at all times bear the same proportion to the increased Base Rent as the initial Security Deposit bore to the initial Base Rent. Should the Use be amended to accommodate a material change in the business of Lessee or to accommodate a subtenant or assignee, Lessor shall have the right to increase the Security Depositto the extent necessary, in Lessor's reasonable judgment, to account for any increased wear and tear that the Premises may suffer as a result thereof. If a change in control of Lessee occurs during this Lease and following such change the financial condition of Lessee is, in Lessor's reasonable judgment, significantly reduced, Lessee shall deposit such additional monies with Lessor as shall be sufficient to cause the Security Deposit to be at a commercially reasonable level based on such change in financial condition. Lessor shall not be required to keep the Security Deposit separate from its general accounts. At the end of the Term or as Page 4 renewed, assuming that the Lessee has faithfully performed all of said conditions as contained in said Lease and as provided for by applicable law, the Lessee shall be entitled to the return of the security deposit or any remaining and outstanding balance no later than thirty (30) days afterthe expiration of the Term or within such longer period of time as may be required for the Lessee to comply with the terms and conditions of this Lease relative to the return of the Premises. The Lessor shall not be required to pay any interest to Lessee upon return of said security deposit. 8. ADDITIONAL RENT; UTILITIES. a. Lessee agrees that he will pay all other charges due, including without being limited to electricity or other illumination, all water and utility charges used on said Premises, and any pro-rata share of the maintenance of the common areas of the Building ("Additional Rent"). should said charges for Additional Rent or Rent remain due and unpaid for five (5) days after the same shall have become due, then Lessor may at its option consider the said Lessee a "Lessee at Sufferance" and immediately re-enter upon said Premises and the entire Rent for the Rent period then next ensuing shall at once be due and payable and may forthwith be collected by distress and otherwise. b. There shall be no abatement of Rent and Lessor shall not be liable in any respect whatsoever for the inadequacy, stoppage, interruption or discontinuance of any utility or service to the Building or Premises due to riot, strike, labor dispute, breakdown, accident, repair or other cause beyond Lessor's reasonable control or in cooperation with governmental request or directions. c. All checks returned by the bank and not paid as shown on its face will be subject to a $50.00 penalty, which shall be paid by Lessee as Additional Rent. 9. LESSEE'S COMPLIANCE WITH APPLICABLE REQUIREMENTS. Except as otherwise provided in this Lease, Lessee shall, at Lessee's sole expense, fully, diligently and in a timely manner, materially comply with all Applicable Requirements, the requirements of any applicable fire insurance underwriter or rating bureau, and the recommendations of Lessor's engineers and/or consultants which relate in any manner to the Premises, without regard to whether said Applicable Requirements are now in effector become effective afterthe Lease Commencement Date. Lessee shall, within 10 days after receipt of Lessor's written request, provide Lessor with copies of all permits and other documents, and other information evidencing Lessee's compliance with any Applicable Requirements specified by Lessor, and shall immediately upon receipt, notify Lessor in writing (with copies of any documents involved) of any threatened or actual claim, notice, citation, warning, complaint or report pertaining to or involving the failure of Lessee or the Premises to comply with any Applicable Requirements. Likewise, Lessee shall immediately give written notice to Lessor of: (i) any water damage to the Premises or Building Page 5 and any suspected seepage, pooling, dampness or other condition conducive to the production of mold; or (ii) any mustiness or other odors that might indicate the presence of mold in the Premises. 10. DEFAULT. A "Default" is defined as a failure by the Lessee to comply with or perform any of the terms, covenants, conditions or Rules and Regulations underthis Lease. A "Breach" is defined as the occurrence of one or more of the following Defaults, and the failure of Tenant to cure such Default within any applicable grace period: a. The failure of Lessee to make any payment of Rent or any Security Deposit required to be made by Lessee hereunder, whether to Lessor or to a third party, when due, to provide reasonable evidence of insurance or surety bond, or to fulfill any obligation under this Lease which endangers or threatens life or property, where such failure continues for a period of 3 business days following written notice to Lessee. THE ACCEPTANCE BY LESSOR OF A PARTIAL PAYMENT OF RENT OR SECURITY DEPOSIT SHALL NOT CONSTITUTE A WAIVER OF ANY OF LESSOR'S RIGHTS, INCLUDING LESSOR'S RIGHT TO RECOVER POSSESSION OF THE PREMISES. b. The abandonment of the Premises; or the vacating of the Premises without providing a commercially reasonable level of security, or where the coverage of the property insurance described herein is jeopardized as a result thereof, or without providing reasonable assurances to minimize potential vandalism. c. The failure of Lessee to allow Lessor and/or its agents access to the Premises or the commission of waste, act or acts constituting public or private nuisance, and/or an illegal activity on the Premises by Lessee, where such actions continue for a period of 3 business days following written notice to Lessee. In the event that Lessee commits waste, a nuisance or an illegal activity a second time then, the Lessor may elect to treat such conduct as a non -curable Breach rather than a Default. d. The failure by Lessee to provide (i) reasonable written evidence of compliance with Applicable Requirements, (ii) the service contracts, (iii) the rescission of an unauthorized assignment or subletting, (iv) an Estoppel Certificate or financial statements, (v) a requested subordination, (vi) evidence concerning any guaranty and/or Guarantor, or (vii))any other documentation or information which Lessor may reasonably require of Lessee underthe terms of this Lease, where any such failure continues for a period of 10 days following written notice to Lessee. e. A Default by Lessee as to the terms, covenants, conditions or provisions of this Lease, or of the faithful observance of the rules and regulations printed upon this Lease, and which are hereby made a part of this covenant, and of such other and further rules or regulations as may be hereafter made bythe Lessor, where such Default continues for a period of 30 days after written notice; provided, however, that if the nature of Lessee's Page 6 Default is such that more than 30 days are reasonably required for its cure, then it shall not be deemed to be a Breach if Lessee commences such cure within said 30 day period and thereafter diligently prosecutes such cure to completion. f. The occurrence of any of the following events: i. the making of any general arrangement or assignment for the benefit of creditors; ii. becoming a "debtor" as defined in 11 U.S.C. § 101 or any successor statute thereto (unless, in the case of a petition filed against Lessee, the same is dismissed within 60 days); iii. the appointment of a trustee or receiver to take possession of substantially all of Lessee's assets located at the Premises or of Lessee's interest in this Lease, where possession is not restored to Lessee within 30 days; or iv. the attachment, execution or other judicial seizure of substantially all of Lessee's assets located at the Premises or of Lessee's interest in this Lease, where such seizure is not discharged within 30 days; provided, however, in the event that any provision of this subparagraph is contrary to any applicable law, such provision shall be of no force or effect, and not affect the validity of the remaining provisions. v. The discovery that any financial statement of Lessee or of any Guarantor given to Lessor was materially false. g. If the performance of Lessee's obligations underthis Lease is guaranteed: (i) the death of a Guarantor, (ii) the termination of a Guarantor's liability with respect to this Lease other than in accordance with the terms of such guaranty, (iii) a Guarantor's becoming insolvent or the subject of a bankruptcy filing, (iv) a Guarantor's refusal to honor the guaranty, or (v) a Guarantor's breach of its guaranty obligation on an anticipatory basis, and Lessee's failure, within 60 days following written notice of any such event, to provide written alternative assurance or security, which, when coupled with the then existing resources of Lessee, equals or exceeds the combined financial resources of Lessee and the Guarantors that existed at the time of execution of this Lease. h. Any failure on the part of the Lessee to comply with the terms of said Lease, or any of said rules and regulations now in existence, or which may be hereafter prescribed by the Lessor, shall give the right to the Lessor to enter said Premises, and remove all persons therefrom forcibly or otherwise. i. Any default underthis Lease shall, at the election of Lessor, be deemed a default under any other lease between Lessor and Lessee or its successor, affiliates or permitted assigns in compliance with the notice provisions under such other lease. The security held underthis Lease may be applied to satisfy the obligation of Lessee or his successors, affiliates or permitted assigns under any other such lease and any security Page 7 under any other such lease may be applied to satisfy the obligations of Lessee or its successors, affiliates or permitted assigns under this Lease. 11. REMEDIES. If the Lessee is in default under the terms of this Lease and if the same is not cured by the Lessee immediately upon notice, if required, from Lessor as herein provided, then the Lessor, in addition to all rights and remedies granted under the laws of the State of Florida and this Lease, with or without further notice or demand, and without limiting Lessor in the exercise of any right or remedy which Lessor may have by reason of such Default, shall have any or all of the following additional rights: a. If Lessee fails to perform any of its affirmative duties or obligations, within 10 days after written notice (or in case of an emergency, without notice), Lessor may, at its option, perform such duty or obligation on Lessee's behalf, including but not limited to the obtaining of reasonably required bonds, insurance policies, or governmental licenses, permits or approvals. Lessee shall pay to Lessor an amount equal to 115% of the costs and expenses incurred by Lessor in such performance upon receipt of an invoice therefor. b. To re-enter and remove all persons and property from the Premises, and any such property may be removed and stored in a public warehouse or elsewhere at the cost of and forthe account of Lessee, all without service of notice or resort to legal process and without being deemed guilty of trespass or becoming liable for any loss or damage which may be occasioned thereby. c. Terminate the Lease and reletthe Premises for account of the Lessor or, within the sole discretion of Lessor, the Premises may be relet forthe account of the Lessee. Lessor may reletthe whole or any part of the Premises for the remainder of such unexpired period of this Lease or longer for any Rent obtainable, giving such concessions of Rent, and making such usual or special repairs, alterations and doing such painting for any new Lessee as it may in its sole discretion deem advisable. Lessee shall remain liable for the Rent and Additional Rent, if any, forthe balance of the Lease whether the Premises be relet or not and for all expenses of the Lessor in re-entering, repossessing, altering, repairing, and re -letting the Premises. Any suit brought by Lessor to enforce the collection of any deficiency shall not prejudice Lessor's right to enforce the collection of any further deficiency for a subsequent period. d. If any part of the Rent shall remain due and unpaid afterthe same shall become due and payable, Lessor shall have the option of declaring the balance of the entire Rent for the entire Rentterm of this Lease to be immediately due and payable, and Lessor may then proceed immediately to collect all of the unpaid Rent called for by this Lease by distress or otherwise, orterminate this Lease should Lessee fail to pay the balance of the entire Rentfor the entire Lease Term. For purposes of this paragraph, said balance means the Page 8 entire Rent for the balance of the Lease Term, plus for each remaining year of the term of this Lease, and pro-rata for any part of a year, the yearly average of the adjusted Rent to be paid by the Lessee forthe Lease Term to the end of the Lease year next preceding the date of default in the payment of Rent by Lessee. e. Lessee agrees to pay all costs and expenses of collection and reasonable attorney's fees on any part of said Rent that may be collected by an attorney, suit, distress, or foreclosure; and further, in the eventthat Lessee fails to promptly and fully perform and comply with each and every condition and covenant hereunder and the matter is turned overto Lessor's attorney, Lessee shall pay Lessor a reasonable attorney's fee plus costs, where necessary, whether suit is instituted or not. f. Lessee hereby expressly waives any and all rights of redemption granted by or under any present orfuture laws in the event of Lessee being evicted or dispossessed for any cause, or in the event of Lessor obtaining possession of the Premises, by reason of violation by Lessee of any of the covenants or conditions of this Lease or otherwise. 12. SUBLEASE OR ASSIGNMENT OF LEASE. The Lessee shall not assign this Lease, nor sub -let the Premises, or any part thereof without the written consent of the Lessor. a. Regardless of Lessor's consent, no assignment or subletting shall: (i) be effective without the express written assumption by such assignee or subtenant of the obligations of Lessee under this Lease, (ii) release Lessee of any obligations hereunder, or (iii) alter the primary liability of Lessee for the payment of Rent or for the performance of any other obligations to be performed by Lessee. b. Unless Lessee is a corporation and its stock is publicly traded on a national stock exchange, a change in the control of Lessee shall constitute an assignment requiring consent. c. Lessor may reasonably withhold consent to a proposed assignment or subletting if Lessee is in Default at the time consent is requested d. The transfer, on a cumulative basis, of 25% or more of the voting control of Lessee shall constitute a change in control for this purpose. e. Lessor's consent to any assignment or subletting shall not constitute a consent to any subsequent assignment or subletting. f. An assignment orsublettingwithout consent shall, at Lessor's option, be a Default under the Lease. If Lessor elects to treat such unapproved assignment or subletting as a non - curable Default, Lessor may either: (i) terminate this Lease, or (ii) upon 30 days written notice, increase the monthly Rent to 110% of the Rent then in effect. Further, in the event of such Default and rental adjustment, all fixed and non -fixed rental adjustments scheduled during the remainder of the Lease Term shall be increased to 110% of the scheduled adjusted rent. Page 9 g. Any assignee of, or subtenant under, this Lease shall, by reason of accepting such assignment, entering into such sublease, or entering into possession of the Premises or any portion thereof, be deemed to have assumed and agreed to conform and comply with each and every term, covenant, condition and obligation herein to be observed or performed by Lessee during the term of said assignment or sublease, other than such obligations as are contrary to or inconsistent with provisions of an assignment or sublease to which Lessor has specifically consented to in writing. h. Lessor's consent to any assignment or subletting shall not transfer to the assignee or subtenant any option to renew or extend the Lease granted to the original Lessee by this Lease unless such transfer is specifically consented to by Lessor in writing. i. Lessee hereby assigns and transfers to Lessor all of Lessee's interest in all Rent payable on any sublease, and Lessor may collect such Rent and apply same toward Lessee's obligations under this Lease; provided, however, that until a Breach shall occur in the performance of Lessee's obligations, Lessee may collect said Rent. In the event that the amount collected by Lessor exceeds Lessee's then outstanding obligations any such excess shall be refunded to Lessee. Lessor shall not, by reason of the foregoing or any assignment of such sublease, nor by reason of the collection of Rent, be deemed liable to the subtenant for any failure of Lessee to perform and comply with any of Lessee's obligations to such subtenant. Lessee hereby irrevocably authorizes and dire cts any such subtenant, upon receipt of a written notice from Lessor stating that a Breach exists in the performance of Lessee's obligations under this Lease, to pay to Lessor all Rent due and to become due underthe sublease. Subtenantshall rely upon any such notice from Lessor and shall pay all Rents to Lessor without any obligation or right to inquire as to whether such Breach exists, notwithstanding any claim from Lessee to the contrary. j. In the event of a Breach by Lessee, Lessor may, at its option, require subtenantto attorn to Lessor, in which event Lessor shall undertake the obligations of the Sublessor under such sublease from the time of the exercise of said option to the expiration of such sublease; provided, however, Lessor shall not be liable for any prepaid rents or security deposit paid by such subtenant to such Sublessor or for any prior Defaults or Breaches of such Sublessor. k. Any matter requiring the consent of the Sublessor under a sublease shall also require the consent of Lessor. I. No subtenant shall further assign or sublet all or any part of the Premises without Lessor's prior written consent. 13. ALTERATIONS & UTILITY INSTALLATIONS. The term "Utility Installations" refers to all floor and window coverings, air lines, vacuum lines, power panels, electrical distribution, security and fire protection systems, communication cabling, lighting fixtures, HVAC equipment, and plumbing in or on the Premises. The term "Trade Fixtures" shall mean Lessee's machinery and equipment that can be removed without doing material damage to the Premises. The term " Alterations" shall mean any modification of the improvements, other than Utility Installations or Trade Fixtures, whether by addition or deletion. Page 10 a. Lessee shall not make any Alterations or Utility Installations to the Premises without Lessor's prior written consent. Lessee may, however, make non-structural Alterations or Utility Installations to the interior of the Premises (excluding the roof) without such consent but upon notice to Lessor, as long as they are not visible from the outside, do not involve puncturing, relocating or removing the roof, ceilings, floors or any existing walls, will not affect the electrical, plumbing, HVAC, and/or life safety systems, and the cumulative cost thereof during this Lease as extended does not exceed $2,000.00. b. Notwithstanding the foregoing, Lessee shall not make or permit any roof penetrations and/or install anything on the roof without the prior written approval of Lessor. c. Lessor may, as a precondition to granting such approval, require Lessee to utilize a contractor chosen and/or approved by Lessor. Consent shall be deemed conditioned upon Lessee's: (i) acquiring all applicable governmental permits, (ii) furnishing Lessor with copies of both the permits and the plans and specifications prior to commencement of the work, and (iii) compliance with all conditions of said permits and other Applicable Requirements in a prompt and expeditious manner. d. Any Alterations or Utility Installations shall be performed in a workmanlike manner with good and sufficient materials. e. Any Alterations, Utility Installations, all additions thereto, and all additions, fixtures or improvements made by Lessee, except movable office furniture, shall become the property of the Lessor and remain surrendered with the Premises at the termination of this Lease. Notwithstanding the forgoing, by delivery to Lessee of written notice from Lessor not earlier than 90 and not later than 30 days prior to the Expiration Date, Lessor may require that any or all Alterations or Utility Installations be removed by the expiration of this Lease. Lessor may require the removal at any time of all or any part of any Alterations or Utility Installations made without the required consent. 14. RESTORATION. Lessee shall surrender the premises by the Expiration Date or any earlier termination date, with all of the improvements, parts and surfaces thereof clean and free of debris, and in good operating order, condition and state of repair, ordinary wear and tear excepted. "Ordinary wear and tear" shall not include any damage or deterioration that would have been prevented bygood maintenance practice. Lessee shall repair any damage occasioned by the installation, maintenance or removal of trade fixtures, Alterations and/or Utility Installations, furnishings, and equipment as well as the removal of any storage tank installed by or for Lessee. Lessee shall also remove from the premises any and all hazardous substances brought onto the premises by or for Lessee. Trade fixtures shall remain the property of Lessee and shall be removed by Lessee. Any personal property of Lessee not removed on or before the Expiration Date or any earlier termination date shall be deemed to have been abandoned by Page 11 Lessee and may be disposed of or retained by Lessoras Lessor may desire. The failure by Lessee to timely vacate the premises pursuantto this paragraph withoutthe express written consent of lessor shall constitute a holdover under the provisions herein this Lease. 15. RISK OF LOSS. a. All personal property placed or moved in the Premises above described shall be at the risk of the Lessee orownerthereof, and Lessorshall not be liable for any damage to said personal property, or to the Lessee arising from the bursting or leaking of water pipes, or from any act of negligence of any co -Lessee or occupants of the building or of any other person whosoever. b. It is expressly agreed and understood by and between the parties to this agreement, that the Lessor shall not be liable for any damage or injury by water, which may be sustained bythe said Lessee orother person or for carelessness, negligence or improper conduct on the part of any other Lessee or agents, or employees, or by reason of the breakage, leakage, or obstruction of the water, sewer or soil pipes, or other leakage in or about the said building. 16. INSURANCE. a. Lessee shall acquire and pay for a commercial general liability insurance policy protecting Lessee and Lessor as an additional insured against claims for bodily injury, personal injury and property damage based upon or arising out of the ownership, use, occupancy or maintenance of the Premises. b. Such insurance shall be on an occurrence basis providing single limit coverage in an amount not less than $1,000,000 per occurrence with an annual aggregate of not less than $2,000,000. Lessee shall furnish Lessorwith an endorsementshowingthe Lessor as additional named insured on said insurance coverage no later than ten (10) days from the execution date of this Lease. The limits of said insurance shall not, however, limit the liability of Lessee nor relieve Lessee of any obligation hereunder c. Lessee will maintain plate glass insurance. d. Lessee shall pay for any increase in the premiums for the property insurance of the Building if said increase is caused by Lessee's acts, omissions, use or occupancy of the Premises. e. Lessee shall obtain and maintain insurance coverage on all of Lessee's personal property, Trade Fixtures, and Lessee Owned Alterations and Utility Installations. Such insurance shall be full replacement cost coverage with a deductible of not to exceed Page 12 $1,000 per occurrence. The proceeds from any such insurance shall be used by Lessee for the replacement of personal property, Trade Fixtures and Alterations and Utility Installations 17. FIRE OR OTHER DAMAGE TO PREMISES. In the event the Premises shall be destroyed or so damaged by fire or other casualty during the term of this Lease, whereby the Premises shall be rendered untenantable, then the Lessor shall have to the right to render said Premises tenantable by repairs within ninety (90) days therefrom. If said Premises are not rendered tenantable within said time, the Lessor and Lessee shall each have the option to cancel this Lease, and in the event of such cancellation the Rent shall be paid only to the date of such fire or casualty. The cancellation herein mentioned shall be evidenced in writing. 18. ALARM SYSTEM. Lessee is required, prior to occupancy, to install a security system which provides an audible alarm and telephone monitoring, in the event of unauthorized entry, intrusion or smoke detection. Lessee agrees to maintain said system for the entire term of the Lease and shall pay all fees associated with its maintenance. 19. INDEMNIFICATION OF LESSOR. Notwithstanding the negligence or breach of this Lease by Lessor or its agents, neither Lessor nor its agents shall be liable under any circumstances upon/or about the Premises or on the sidewalks immediately adjacent to the Premises, arising from any reason whatsoever, during the terms of this Lease for: (i) any bodily injury, loss of life or damage to the person or goods, wares, merchandise or other property of Lessee, Lessee's employees, contractors, invitees, customers, or any other person in or about the Premises, whether such damage or injury is caused by or results from fire, steam, electricity, gas, water or rain, indoor air quality, the presence of mold or from the breakage, leakage, obstruction or other defects of pipes, fire sprinklers, wires, appliances, plumbing, HVAC or lighting fixtures, or from any other cause, whether the said injury or damage results from conditions arising upon the Premises or upon other portions of the Building, or from other sources or places, (ii) any damages arising from any act or neglect of any other Lessee of Lessor or from the failure of Lessor or its agents to enforce the provisions of any other lease in the Project, or (iii) injury to Lessee's business or for any loss of income or profit therefrom. Instead, it is intended that Lessee's sole recourse in the event of such damages or injury be to file a claim on the insurance policy(ies) that Lessee is required to maintain pursuant to the provisions of paragraph 16. 20. LESSEE'S ABANDONMENT OF PREMISES. If the Lessee shall abandon or vacate said Premises before the end of the term of this Lease, or shall sufferthe Rent to be in arrears, the Lessor may, at his option, forthwith cancel this Lease or he may enter said Premises as the agent of the Lessee, by force or otherwise, without being liable in any way therefore, and relet the Premises with or without any furniture that may be therein, as the agent of the Lessee, at such price and upon such terms and or such duration of time as the Lessor may determ ine, and receive the Rent therefore, applyingthe same to the payment of the Rent due by these presents. If the full Rent herein provided shall not be realized by Lessor over and above the expenses to Lessor in Page 13 such reletting, then said Lessee shall pay any deficiency, and if more than the full Rent is realized Lessor will pay over to said Lessee the excess of demand. 21. LESSEE'S PLEDGE OF FIXTURES AND MOBILES. The Lessee hereby pledges and assigns to the Lessor all the furniture, fixtures, goods and chattels of said Lessee, which shall or may be brought or put on said Premises as security for the payment of the Rent herein reserved, and the Lessee agrees that the said lien may be enforced by distress foreclosure or otherwise at the election of the said Lessor, and does hereby agree to pay attorney's fees of ten percent of the amount so collected or found to be due, together with all costs and charges therefore incurred or paid by the Lessor. 22. LESSOR'S RIGHT OF RE-ENTRY FOR PURPOSES OF INSPECTION, REPAIR OR OTHER REASON. The Lessor, or any of his agents, shall have the right to enter said Premises during all reasonable hours, or at any time during an emergency, to examine the same to make such repairs, additions or alterations as may be deemed necessary for the safety, comfort, or preservation thereof, or of said building, or to exhibit said Premises and to put or keep upon the doors or windows thereof a notice "FOR RENT" at any time within thirty (30) days before the expiration of this Lease. The right of entry shall likewise exist for the purpose of removing placards, signs, fixtures, alterations, or additions, which do not conform to this agreement, or to the rules and regulations of the building. 23. NO RIGHT TO HOLDOVER. Lessee has no right to retain possession of the Premises or any part thereof beyond the expiration ortermination of this Lease. In the event that Lessee holds over, then the Base Rent shall be increased to 150% of the Rent applicable immediately preced ing the expiration or termination. Holdover Rent shall be calculated on a monthly basis. Nothing contained herein shall be construed as consent by Lessor to any holding over by Lessee. 24. BANKRUPTCY OR INSOLVENCY OF LESSEE. If the Lessee shall become insolvent or if bankruptcy proceedings shall be begun by or against the Lessee, before the end of said term the Lessor is hereby irrevocably authorized at its option, to forthwith cancel this Lease, as for a default. Lessor may elect to accept Rent from such receiver, trustee, or other judicial officer during the term of their occupancy in their fiduciary capacity without effecting Lessor's rights as contained in this contract, but no receiver, trustee or other judicial office shall ever have any right, title or interest in or to the above described property by virtue of this contract. 25. CHARGES FOR WORK PERFORMED ON PREMISES. It is further understood and agreed between the parties hereto that any charges against the Lessee by the Lessor for services or for work done on the Premises by order of the Lessee or otherwise accruing under this contract shall be considered as Rent due and shall be included in any lien of Rent due and unpaid. 26. DRAINAGE SYSTEM. In the event that the Lessee's business activities result in any damage or impairment to the drainage system of the Leased Premises of the parking area immediately Page 14 adjacent thereto, then it shall be the responsibility of the Lessee to restore and repair such damage promptly and in a satisfactory manner 27. LESSEE'S OBLIGATIONS. a. GENERAL MAINTENANCE. Lessee shall be responsible for payment of the cost thereof to Lessor as Additional Rent for that portion of the cost of any maintenance and repair of the Premises, or any equipment (wherever located) that serves only Lessee or the Premises, to the extent such cost is attributable to abuse or misuse. In addition, Lessee rather than the Lessor shall be responsible forthe cost of painting, repairing or replacing wall coverings, and to repair or replace any similar improvements within the Premises. Lessor may, at its option, upon reasonable notice, elect to have Lessee perform any particular such maintenance or repairs the cost of which is otherwise Lessee's responsibility hereunder. b. AIR CONDITIONING, ELECTRICAL SYSTEMS AND PLUMBING. All air conditioning and electrical service wiring and plumbing will be delivered in good working order and maintained by the Lessee and returned to the Lessor in the same condition. Lessee is required to maintain an air conditioning service contract that changes filters when necessary and keeps the system in good working order. Maintenance and repair of the air conditioning system, electrical wiring and plumbing is the responsibility of the Lessee. c. EXTERIOR OF PREMISES. The Lessee shall keep the exterior of the Premises, including the parking located in front of the Premises, broom cleaned and free of trash, debris, rubbish or deliveries of merchandise, in which event the Lessee shall make provisions for the storage of such merchandise within a reasonable period of time. There shall be no outside storage except as provided herein. 28. EMINENT DOMAIN. In the event of the land or building on which the Premises are a part of are taken or acquired by a government or power whatsoever under the right of eminent domain, this Lease shall terminate as of the date possession is required to be given under such taking or acquisition, and the Lessor shall never be liable to the Lessee for damages or any other account whatsoever suffered by the Lessee by reason of such termination prior to the termination of this Lease by its terms. In no event shall the Lessee be entitled to any portion of the award. 29. SALE OF BUILDING. In case of a transfer title of the Building due to a sale, Lessor shall have the right, at its discretion to either (i) terminate this Lease after ninety (90) days written notice, or (ii) make Lessee attorn to the new owner and upon request, (a) enter into a new lease, containing all of the terms and provisions of this Lease, with such new owner for the remainder of the term hereof, or, at the election of the new owner, this Lease will automatically become a new lease between Lessee and such new owner, and (b) Lessor shall thereafter be relieved of Page 15 any further obligations hereunder and such new owner shall assume all of Lessor's obligations, exceptthat such new owner shall not: (1) be liable for any act or omission of any prior Lessor or with respect to events occurring prior to acquisition of ownership; (2) be subject to any offsets or defenses which Lessee might have against any prior Lessor, (3) be bound by prepayment of more than one month's rent, or (4) be liable for the return of any security deposit paid to any prior Lessor which was not paid or credited to such new owner. 30. SIGNAGE. It is hereby understood and agreed that any signs or advertising to be used, including awnings, in connection with the Premises Leased hereunder shall be first submitted to the Lessor for approval before installation of same, and shall be in compliance with all Applicable Requirements. 31. SUBORDINATION OF LEASE. This Lease is and shall be subject and subordinate in all respects to any and all mortgages and other encumbrances now or hereafter placed upon the land or building or both, of which the Premises are a part; and the provision hereof shall be self- operating. 32. COMPLIANCE WITH FEDERAL AND STATE LAWS AND REGULATIONS. The Lessee shall promptly execute and comply with all statutes, ordinances, rules, orders, regulations and requirements of the Federal, State and City Government and of any and all their departments and Bureaus applicable to said Premises, nuisances or other grievances, in, upon, or connected with said Premises during said term ("Applicable Requirements"); and shall also promptly comply with and execute all rules, orders and regulations of the Southeastern Underwriters Association for the prevention of fires, at their own cost and expense, including any occupational or other licenses required to transact business. 33. NON -WAIVER OF RIGHTS BY LESSOR. The rights of the Lessor under the foregoing shall be cumulative, and failure on the part of the Lessor to exercise promptly any rights given hereunder shall not operate to forfeit any of the said rights. 34. HAZARDOUS MATERIALS. a. The term "Hazardous Substance" as used in this Lease shall mean any product, substance, or waste whose presence, use, manufacture, disposal, transportation, or release, either by itself or in combination with other materials expected to be on the Premises, is either: (i) potentially injurious to the public health, safety or welfare, the environment or the Premises, (ii) regulated or monitored by any governmental authority, or (iii) a basis for potential liability of Lessor to any governmental agency or third party under any applicable statute or common law theory. Hazardous Substances shall include, but not be limited to, hydrocarbons, petroleum, gasoline, and/or crude oil or any products, byproducts or fractions thereof. Lessee shall not engage in any activity in or on the Premises which constitutes a Reportable Use of Hazardous Substances Page 16 without the express prior written consent of Lessor and timely compliance (at Lessee's expense) with all Applicable Requirements. "Reportable Use" shall mean (i) the installation or use of any above or below ground storage tank, (ii) the generation, possession, storage, use, transportation, or disposal of a Hazardous Substance that requires a permit from, or with respect to which a report, notice, registration or business plan is required to be filed with, any governmental authority, and/or (iii) the presence at the Premises of a Hazardous Substance with respect to which any Applicable Requirements requires that a notice be given to persons entering or occupying the Premises or neighboring properties. b. Notwithstanding the foregoing, Lessee may use any ordinary and customary materials reasonably required to be used in the normal course of the Use such as ordinary office supplies (copier toner, liquid paper, glue, etc.) and common household cleaning materials, so long as such use is in compliance with all Applicable Requirements, is not a Reportable Use, and does not expose the Premises or neighboring property to any meaningful risk of contamination or damage or expose Lessor to any liability therefor. In addition, Lessor may condition its consentto any Reportable Use upon receiving such additional assurances as Lessor reasonably deems necessaryto protect itself, the public, the Premises and/or the environment against damage, contamination, injury and/or liability, including, but not limited to, the installation (and removal on or before Lease expiration or termination) of protective modifications (such as concrete encasements) and/or increasing the Security Deposit. c. If Lessee knows, or has reasonable cause to believe, that a Hazardous Substance has come to be located in, on, under or about the Premises, other than as previously consented to by Lessor, Lessee shall immediately give written notice of such fact to Lessor, and provide Lessor with a copy of any report, notice, claim or other documentation which it has concerning the presence of such Hazardous Substance. d. Lessee shall not cause or permit any Hazardous Substance to be spilled or released in, on, under, or about the Premises (including through the plumbing or sanitary sewer system) and shall promptly, at Lessee's expense, comply with all Applicable Requirements and take all investigatory and/or remedial action reasonably recommended, whether or not formally ordered or required, for the cleanup of any contamination of, and for the maintenance, security and/or monitoring of the Premises or neighboring properties, that was caused or materially contributed to by Lessee, or pertaining to or involving any Hazardous Substance brought onto the Premises during the term of this Lease, by or for Lessee, or any third party. e. Lessee shall indemnify, defend and hold Lessor, its agents, employees, lenders and ground Lessor, if any, harmless from and against any and all loss of rents and/or damages, liabilities, judgments, claims, expenses, penalties, and attorneys' and Page 17 consultants' fees arising out of or involving any Hazardous Substance brought onto the Premises by or for Lessee, oranythird party (provided, however, that Lessee shall have no liability under this Lease with respect to underground migration of any Hazardous Substance under the Premises from areas outside of the Project not caused or contributed to by Lessee). Lessee's obligations shall include, but not be limited to, the effects of any contamination or injury to person, property or the environment created or suffered by Lessee, and the cost of investigation, removal, remediation, restoration and/or abatement, and shall survive the expiration or termination of this Lease. No termination, cancellation or release agreement entered into by Lessor and Lessee shall release Lessee from its obligations under this Lease with respect to Hazardous Substances, unless specifically so agreed by Lessor in writing at the time of such agreement. 35. RADON GAS. Pursuant to Florida law (enacted as of January 1, 1989) Lessor hereby makes the following disclosure to Lessee: RADON IS A NATURALLY OCCURRING RADIOACTIVE GAS THAT, WHEN IT HAS ACCUMULATED IN SUFFICIENT QUANTITIES, MAY PRESENT HEALTH RISKS TO PERSONS WHO ARE EXPOSED TO IT OVER TIME. LEVELS OF RADON THAT EXCEED FEDERAL AND STATE GUIDELINES HAVE BEEN FOUND IN BUILDINGS IN FLORIDA. ADDITIONAL INFORMATION REGARDING RADON AND RADON TESTING MAY BE OBTAINED FROM YOUR COUNTY PUBLIC HEALTH UNIT. 36. WAIVER OF RIGHT TO JURY TRIAL. Lessor and Lessee hereby knowingly, irrevocably, voluntarily and intentionally waive any right to a trial by jury in respect of any action, proceeding, defense or counterclaim based on this Lease agreement, or arising out of, under or in connection with this Lease agreement, or any course of conduct, course of dealing, statements (whether verbal or written) or actions of any party hereto. 37. NOTICE. It is understood and agreed between the parties hereto that written notice mailed or delivered to the Premises hereunder shall constitute sufficient notice to the Lessee and written notice mailed or delivered to the office of the Lessor shall constitute sufficient notice to the Lessor, to comply with the terms of this contract. All notices required or permitted by this Lease or applicable law shall be in writing and may be delivered in person (by hand or by courier) or may be sent by regular, certified or registered mail or U.S. Postal Service Express Mail, with postage prepaid, or by facsimile transmission, or by email, and shall be deemed sufficiently given if served in a manner specified in this Paragraph. The addresses noted adjacent to a party's signature on this Lease shall be that party's address for delivery or mailing of notices. Either Lessor or Lessee may by written notice to the other specify a different address for notice, except that upon Lessee's taking possession of the Premises, the Premises shall constitute Lessee's address for notice. A copy of all notices to Lessor shall be concurrently transmitted to such party or parties at such addresses as Lessor may from time to time hereafter designate in writing. Notices delivered by United States Express Mail or overnight courier that guarantees next day delivery shall be deemed given 24 hours after delivery of the same to the Postal Service Page 18 or courier. Notices delivered by hand or transmitted by facsimile transmission or by email shall be deemed delivered upon actual receipt. If notice is received on a Saturday, Sunday or legal holiday, it shall be deemed received on the next business day. 38. ATTORNEYS FEES AND COSTS. Lessee agrees to pay the cost of collection and ten percent attorney's fee on any part of said Rent that may be collected by suit or by attorney, after the same is past due. 39. RECORDING & GOVERNING LAW. Neither this Lease nor any memorandum thereof shall be recorded by anyone other than Lessor upon the public records of the county in which the Premises are located. If the same shall be recorded, recording of the same by Lessee shall constitute a breach of the Lessee's obligations hereunder and entitle Lessor, at the election of Lessor, to the remedies herein provided. In the event of default by Lessee, Lessee hereby irrevocably constitutes Lessor as Lessee's attorney in fact to cancel of record any recordation of this Lease. Any disputes arising between the parties to this Lease or arising out of the terms of this Lease shall be governed by the laws of the State of Florida. 40. BROKERS. The Lessor, his heirs or assigns, hereby agree to Stone -Miller Miami LLC, the Real Estate Broker(s), a Real Estate Brokerage fee for procuring the Lessee for the Building and Premises, pursuantto separate agreement between Lessor and the Real Estate Broker(s). Both Lessee and Lessor acknowledge and warrant to the other that they have not dealt with any other real estate broker(s) other than as mentioned above regarding this transaction. Furthermore, each party hereby agrees to indemnify the other against any and all claims which may arise as result of any misrepresentation whether intentional or erroneous. Lessee hereby acknowledges that it has received all necessary advance statutory disclosures pertaining to duties, representation and/or brokerage compensation. 41. BINDING EFFECT. This contract shall bind the Lessor and its assigns or successors, and the heirs, assigns, administrators, legal representatives, executors or successors as the case may be, of the Lessee. 42. TIME. It is understood and agreed between the parties hereto thattime is of the essence of this contract and this applies to all terms and conditions contained herein. (THE REMAINDER OF THIS PAGE HAS BEEN LEFT INTENTIONALLY BLANK.) Page 19 CITY OF MIAMI LOCAL OFFICE CERTIFICATION (City Code, Chapter 18, Article 111, Section 18-73) Solicitation Type and Number: 1 17 S 13 p (i.e. IFQ/IFB/RFP/RFQ/RFLI No. 123456) c Solicitation Title: . C� 1 %- f )JAJ %. /2g217 ,Alfc Afud JG i 44 /k4bAllfc (..y(Bidder/Proposer) hereby certifies compliance with the Local Office requirements stated under Chapter 18/Article 11I, 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 Revised 8/01/2022 STATE OF FL RIDA COUNTY OF C Certified to and subscribed before me this C( o j C 7ovCz. Alk Notary Public State of Florid ��.�,, Margiolys Plasencia a 'lljl.:.•, My Commission HH 351706 Expires 1/22 3 day of 44)-(..\\1 20 , by (Signature of Notary Public -State of Florida) (Name of Notary Type, Printed, or Stamped) Personally Known OR Produced Identification Type of Identification Produced 1'� LAD l� 3 FORM -City of Miami Local Office Certification Revised 8/01/2022 PLEASE PROVIDE THE FOLLOWING INFORMATION: �--+ Bidder/Proposer Local Office Address: 2 4) 2 '� `1` 2,4 ` ,z Ctj2 Does Bidder/Proposer conduct verifiable, full- time, on -site employment at the local office for a minimum of forty (40) hours per calendar week? F7ES I I NO Is Bidder/Proposer's Local Office tenancy pursuant to a lease? If yes, please enclose a copy of the lease. Bidder/Proposer please enclose a copy of the Business Tax Receipt (BTR) issued by both the City of Miami and Miami -Dade County. 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? VYES I I NOE1 N/A City of Miami: 21--CES Cite Exemption: NO Li Exempt Miami -Dade County. g YES n NOExempt Cite Exemption: 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) 2 6/-0 Date FORM -City of Miami local Office Certification Revised 8/01/2022 City of Miami Sahcitatior IFB 1781380 Boat Solicitation Number Solicitation Tale Solicitation IFB 1781 aintenance, Repairs, Parts, and Relat Solicitation Start DateF Solicitation End Date Question & Answer End Date Solicitation Contact Contract Duration Contract Renewal IFS 1781386 Boat Maintenance, Repa Mar 22, 2024 9: i4:34 AM EDT Apr 15, 2024 3:00:00 PM EDT Apr 4, 2024 5:00:00 PM EDT Teresa Soto 305-416-1919 tsoto@rniamigov.com See Specifications See Specifications arine Service, Citywide Parts, and Related Marine Se Prices Good far See Specifications Pre -Solicitation Conference Maur 27, 202410:00:00 AM EDT Attendance is optional Location: See Section 2.2 PRE -BID CONFERENCE Solicitation Comments THE PURPOSE OF THIS SOUCITA11ON IS TO ESTABLISH A CONTRACT FOR BOAT MAINTENANCE, REPAIRS, FARTS, AND RELATED MARINE SERVICES, CITYWIDE, AS SPECIFIED HEREIN, FROM A SOURCE(S), FULLY COMPUANT WITH THE TERMS, CONDITIONS, AND STIPULATIONS OF THE SOLICITATION, BID BOND AND PERFORMANCE BOND ARE NOT REQUIRED FOR THIS IFB. REFER 10 ATTACHEMENTB-13ID PRICE SHEET IN THE DOCUMENTS SECTION OF B YNC FOR THE LINE ITEMS OF THIS IFB. FAILURE TO COMPLETE. SIGN, AND UPLOAD THE CERTIF ATION STAB 1TAND CERTI SECTION WILL RENDER YOUR BID NON -RESPONSIVE.. ALL UPLOADS SHALL BE IN THE PDF FILE FORMAT NO BY THE Cl1 Y. 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. E FORMATS BE ACCEPTED FOR BIDSYNC TECHNICAL DIFFICULTIES, AND/OR ISSUES, PLEASE CONTACT THE VENDOR SUPPORT TOLL -FREE NUMBER AT 800-990-9339, OR GO TO SUPPORTSIDSYNC.COM, OR EMAIL BIDSYNC AT SUPPORT6SIDSYNC,COM. Form IFB 17813t36.01-tit - BIDDERS ARE NOT REQUIRED TO ENTEit A UNIT PRICE ON THIS UNE ITEM. 3122d2024 7:14 AM p. 3 City of Miami Solicitation IFB i781386 Quantity 1 each Unit Price Delivery Location City of Warne 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 DOCUMENTS SECTION OF BIDSYNC. 3/22/2024 7: 4 AM P- 4 City of Miarni Solicitation IFB 17813 City of Miami Invitation for Bid (IFB) Procurement Department Miami Riverside Center 444 SW 2" Avenue, 6P floor Mien1i, Florida 33130 Web Site Mdress IFB Number: Title: 1781386 Boat Maintenance, Repairs, Parts, and Related Marine Service, Citywide Issue Date/Time: 22-MAR-2024 i.. 9;00 A.M. IFB Closing Date e: 15-APR-2024 (it 3:00 P.M. Pre-Bid/Pre-Proposal Conference: Voluntary Pre-Bid/Pre-Proposal Date/Time: 27-MAR-2024 @ 10:00 A.M. Pre-Bid/Pm-Proposal Location: Virtual via Microsoft TEAMS Deadline for Request for Clarification: 04-APR-2024 5:00 P.M. Contracting Officer: Soto, Teresa Contracting Officer E-Mail Address: TSotol# miamigov.com Contracting Officer Facsimile: (305)400-5024 3122, 4 7;14 AM p. 5 Cay of Miami Sohcitation tFB Certification Statement Please quote on this forim 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 <.'ity 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. DESTLNATION, the items or services specified hereM. 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 understandingagreementor 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 al 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: BIDDER NAME: C t & fl14AJ6 J N C ADDRESS:2 510 NIA) 21 +err- P1 pi F' L 33 PP -- PHONE: 7S-G 3Yq q03 FAX: EMAIL: cf-r c4. YiNen tIA CELL(Optionan: SIGNED BY: c2jr 6-kr ce i. DAIE: oti oz 202H THIE: Pre FAILURE TO COMPLETE. SIGN. AND RETURN TIIIS ,FORM SHALL IMSOUALJFYis RESPONSE. 3f2212024 T. 4 AM P- 6 YAMAHA Yamaha Motor Corp., USA 1270 Chastain Rd.. GA 30144 From the desk of: Todd Romig District Marketing Manager Marine Group Company Phone: 772 485 9184 April 2, 2024 To Whom It May Concern: CRG Marine Inc., dba STRICTLY YAMAHA is an authorized Yamaha Marine dealer sales, warranty, and repair dealership. Strictly Yamaha 2380 NW 21st Terrace Miami, FL 33142 786 344 9035 305 603 9188 Strictivyamaha(Coatt.net www.syamaha.com Regards, Todd Romig Marine_Admin: Comp e ions Report (ILT) Created by Mony Colemen_Admin. Generated on 2024-04-02 3 44 PM EST by Cara Hicks No chart configured Filters The AND operator ha been applied to all the filters. * Person Organization Number Equal To 018900 • Completed Courses (Transcript) Date Marked Complete Range Between - And - • Course course ID Equal To 2 3-10-27 V-Engtrie Systems --- - - — - S uccessful - ----- 97 gonzalez julian 145896 - TS RIC Y Y 1 ng d 2023-10.-27 V-Engl" Systems Suocessfut 97 Hernandez Angel 92307 y0AmAH_A18900 SIIIICTLY Outboard teaming Outboard Dealers 2023-10-27 rAgmln: Successful 93 puentes alexander 122374 0f18900 STRICTLY Outboard rearm d 2023-10-27 V-Engine Systems Successful , 98 Martinez Zachary 108317 ASTRICTY 018900,_Loar yAmAH Outboard Learning Outboard Dealers 2023-10-26 Drive Train Successful 95 Garced Car 19918 018900 STRICTLY YAM-f-A Outboard Learning Outboardlos De:Wers . 2022-12-09 Rigging Successful 98 Martinez Zachary 108317 018 900 STRICTLY yAmAk.R Outboard , Learning Outboard Diaalors 2022-12.-09 Rigging Successful 92 Gamed Car 19918 0utboe 18900 TRICTLY - YAMAHA Outboard Learning Oirdlos Dealers 2022-12-09 Rigging Suocessful 98 Angel 92307 018900 STRICTLY yAmAR-A OutboardOutboard LearnIng Outb Dealeis Hernandez 20 2-12-09 Rigging Successful 98 puentes alexander 122374 t169004ASITIICTLY ? Oen.,ticilanrd lL g Outboard Dealers 2022-12-09 Rigging Successful 100 Litset C-ad 106654 018900 STRICTLY YAMN-CA Outboard Learning u Outboard Dealers 2021-12-17 Electrical Systems Successful 97 lifsef C.ados 106854 018900 STRICTLY YAMAHA Outboard Learning Outboard Dealers 2021-12-17 Electrical Systems Successful 93 Hernandez Angel 92307 y048MSTRICTLY Outboard' Looming Outboard . Dealeis 2021-12-17 YDIS (Yamaha Diagnostic System) Successful 97 puentes — a 122374 018900 T ICILY y Outboard teaming Outboardlexander Dealers --17 202112 AdVanCed Offshore Sumessful Gamed 19918 01 STRICTLY y Outboard Learning Outboard Dealers 2021-12-17 Electrical Systems S Successful 95 Martinez Zachary 108317 018900 STRICTLY -A yAmAti Outboard Learning Outboard Dealers 2020-12-18 IgirsremErs4ne Successful 98 Utset 1 018900 STRICTLY YAMAHA Outboard Learn tng C31.4board Dealers 2020- 2-18 in/The Engfne Systems Successful 90 - Za 108317 018 S CTLY YAMAHA Outboard Learning Outboard Dealers 202 2-18 1elln Master Systems EX S 98 Garced 19918 018900 STRICTLY YAMAHA Outboard Learninc Outboard Dealers 2019-12-13 Systems Successful Gamed Carlos 19918 018900. STRICTLY YAMAHA Outboard. Learning_ Outboard Dealers 2018-08-24 XTO Offshore Garced Carlos 19818 018900 STRICTLY Outboard Learning Outboard Dealers Successful08 2017-12-06 Helm Master Systems Successful Garced Carlos 19918 018906 STRICTLY YAMAHA Outboard Learning Outboard Dealers Master Tech Re- Cortifration ces2017-12-05 Suc sful Ga,Ced Carlos 19918 018900 STRICTLY - YAMAHA Outboard Looming Outboard Dealers 2016-12-16 YDIS (Yamaha Dtagnostic Sy_stem) , Successful 95 Gamed Carlos 19918 018900_STRI Y YAticlAHA Outboard Learning Outboard Dealers 2024 Saba Software, Inc. AQ rlghts reserved. 1 of 2 Marine Admin: Comptetions Report (1LT) 2015-1244 er TechSuesshi Certification Test Garced Carlos 19918 1 Y Y Outboard Learning 0 Dealers 2015-12-03 Advanced Troubbnhaoti n9 Successful 93 Garced Carlos 19918 018 STRICTLY YAMAI-R Outboard Learning Outboard Dealers 2014-12-15 Drive Train Successful 98 Garced Carlos 19918 018900 STRICTLY YAMAHA Outboard Learning ard Outbo Dealers 2013-12-19 Advanced Troubleshooting Successfu 89 Gamed Carlos 19918 018STR1CTLY yAmARA Outboard Learning Outboard Dealers 2013-01-11 Heim Master Systems Successful96 Carlos 19918 0 0 TRICTLY Outboard Learning Outboard Dealers 2013-01-09 Advanced InstaHations Successful 92 Gamed Carlos 19918 018900STRICTLY YAMAHA Outboard Learnmg Outboard Dealers 2011-10-28 E,tectrical Successful 91 Garcecl carios 189/8 018900_STRICTLY YAMAHA. Outboard Learning Outboard Dealers ysti,,, us 201 -08 218/11 Internet Marketing for Marine Dealers Webinar 0 2:00 PM Eastern Time Successful Gamed Carlos 19918 018900 STRICTLY YAMAfilk Outboard Learning Outboard Dealers 2010-11-08 iFZILYVerna successful 94 Garced Carlos 19918 018900 STRICTLY YAMAHA Outboard Lear 1 iir rg Outboard Dealers 2010-03-17 Marine Technical tta.320seZinar End 5:00 PM Successful Garced Ca 19918 018TRICTLY y Outboard Learning Outboardlos Dealers 2009-03-09 4 Strnke SYsterns Moctule 3 Successful 92 Garced Carlos 19918 O1890(LSTRIC11Y Outboard Lea rri rag Outboard Dealers Marine Technical 2008-12-10 Update Serrimar Start 9-00 AM End 5:00 PM Successful Garced Carlos 19918 01890Q8TR1C11Y YAMAHA Outboard Learning Outboard Dealers Outboard 2007-12-07 Systems Module 1 Successful 90 Garced Carlos 19918 Ole CTLY yAmAH—A Outboard Learning Outboard Dealers Outboard 2007-12-03 Systems ModuleboardOutboard 1 Successful 90 Garced Carlos 19918 018900 STRICTLY YAMAHA Out LO8Mififj Outbo Dealers Created by. Mony Colernan_Admia. Generated on 2024-04-02 3.44 PM EST by Cara Fircks_A 0 2024 Saba Software, Inc. Ail rightsrghts reserved. 2 of 2 Marine Admin: Completions Report (1LT) Created by- Mony Goleman_Admin. Generated on 2024-04-02 3.44 PM EST by Gara Hic-ks Admin. No chart configured Filters The AND operator has been applied to all the filters. • Person Organization Number Ego./ To 018900 • Completed Courses (Transcript) Date Marked Complete Menge Between - And - • Course Course ID Equal To 2023-10-27 _ . . V-En rne 9 Systems Successful .97 gonzalez Julian 4 00_ST Y 10 Y Learning 0 d Dealers 2023-10-27 V-En9"e Systems Successful 97 Hernandez Angel 92307 y0m18900tAH_ASTRICTLY , Outboard Learnino Outboard Dealers 2023-10-27 sV-Ante9rnill: Successful 98 puentes alexander 12237.4 y0lith189004wASTRICTLY Outboard Learning Outboard Dealers 2023-10-27 Vsy-Est.13119rnin: Successful 98 Martinez Zachary 108317 018900_STRICTLY Outboard Learning Outboar Realms dyAmAHA 2023-10-26 Drive Train Successful , 95 Gamed Carlos 19 018900 STRICTLY yAk - Outboard Learning Outboard Dealers 2022-12-09 Rigging Successful 98 Martinez Z 108317 018900 I TLY Y Outboard Learning_ Outboard Dealers 2022-12-09 Rigging Successful 92 Gamed Ca os 8 018900 STRICTLY YAMAI-irk 0 ng Outboard Dealers 2022-12-09 Rigging Successful 98 Hernandez Angel F., -, 921yAmARA 018900 STRICTLY Outboard Learning Outboard Deajeis 2022-12-09 Rigging Successful 98 puentes a 122374 018900 STRICTLY yAmMA Outboard Learnin • Outboard Dealers 2022-12-09 2022-12-09 Rigging Successful 100 Utet Carlos 10665A 018900 STRICTLY YAMAI4A Outboard Learning Outboards Dealers 2021- 2 17 Electrical Systems Successful 97 Utset Dames .106654 018900_STRICTLY YAMAHA Outboard Learning Outboard Dealers 2021-12-17 E/ectrical Svs toms Successful 93 Hernandez Angel 92307 y01‘18900mAfrASTRICTLY Outboard Leami • Outboard Dealers 2021-12-17 YDIS (Yamaha Diagnostic Sysctern) Successful 97 puentes alexander 12'2374 01890C yAkijAHSTRICTLY Outboard Learning O utboardA Dealers 2021-12-17 AdVanced Offstrons SUCCOSSU 99 Garced Carlos 19918 018900 STRICTLY yAmARA, Outboard Loamno Outboard Dealets 2021-12-17 Electrical Systems Successful Martinez Zachary 1 018900 STRICTLY YAMAFk Outboard Learning Outboard Dealers 2020-12-18 inane Engine Systems Successful 98 Utset Dales 108654 018900_TRlCTLY YAMAHA Outboard Learning Outboard Dealers 2020-12-18 irdine Eng'ne Systems Successful 90 . Zachary 108317 01STRICTLY y Outboard Learning Outboard Deakin 2°2°-12-1 a SystemsMaMaster Successful 98 Gamed Carlos 19918 018900 8 LY YAMAI-IA. Outboard Learning Outboard Dealers 2019-12-13Successful VEngine Systems 96 Darcecj Dade, 1991a y0AmAH18900_ASTRICTLY Outboard Learning Outboard Dealers 2018-08-24 XTO Offshore Successful 98 Garced CAr 19918 018900 STRICTLY yAmApak Outboard Learning Outboard Dealers 2017-12-06 Hem HemMaster Systems Successful ' Gamed Carlos 19918 018900STRICTLY YAMAHA Outboard Learning Outboard Dealers 2017-12-05 Mestere= Re" Successful 94 Gamed Carlos 19918 (,)4.9°°—STRICTLY AHA Puttealding 0Cutbealtleaters 2016-12-16 1YDIS amaha Diagn(Yostic System, Successful 95 Gamed cart°, 19918 018900_STRICTLY YAMAHA Outboard Learning Outboard Dealers 2024 Saba , Inc. All rights reserved. 1 of 2 Marine Adrnin: Comple ions Report ILT) 201�12 Q4 Mlaster Tecl1 Certificaticsz� Test 'Succassttif Garesd Carlos 19918 010900_STR CTLY YAtuSAF1R atbc rri Les€€1iex3 Outboard E3eaEers 2015-12.03 Advanced Troubleshoot:1,, Successful 93 Garced Carlos 19918 0189€Iti STRICTLY YAMAl-R Outboard Learning Healers 4- 12-15 Drive Train Successful 98 Garced Cants 19918 018900 STRICTLY YAWM4A Outboard Learning Outboard Heelers 2t343 12-19 Al Troublesvan€dhtmf[na Successful 89 Gar € ui Carlti5 19918 018900 STRICTLY YAMAHA Outboard Looming_ Outboard Heaters 2013 01 t 1 Mast Systems Garced Cerlrrs 19918 018900 STRICTLY YAMAELA Outboard Learning OU#t�o d fieslers Successful 2013 01 09 an Instalfafrons Sou ressfu[ 92 Gerced Carlos 1991fl 018900 STRICTLY YAMAHA Outboard Learning Ciutbo t! fllealers 201 t 10-28 Electrical Systems Successful 91 Garced Carus 19918 01890C,_STRICTLY YAMAFIA Outboard Learning Outboard Dealers 2011-02-08 218f11 Internet Marketing for Marine Healers Webinar @ 2:00 PM Eastern Time Garced Carlos 19918 018900 STRICTLY YAMAI-iL Outboard Learning Odd ileaiers Successful 241011-08 Fuel Systems module 2: Successful 94 Gerced Carlos 19918 018900_STRICTLY YAh1AHA Outboard Learning .Outboard E}aaters 2010tJ3 Y7 Marine Test ticai t7 Serrnar 5 End 5:00 PM Successful Gamed' Carlos 19918 0189€10 STRICTLY YAItRI Outboard Learning Outboard €?ealers 2f10iz9 fl3 0 4 Stroke Systems Module 3 Successful 92 t ar€ed Carlos 19918 018900 STRICTLY YAMAHA Orribaard Learning C tba l Crsal s 2008-12-10 Marine Technical Update Seminar Start 9:00 Am End 5:00 PM Successful Successful Gareed Carlos 19918 018900 STRICTLY Outboard Leatniriq Outboard Heelers 2007-12-07 Systems mule Successful 90 Garced Carlos 19918 0189Q0 STRICTLY YA 3 Outboard Learning flutboerd. Dealers 2007-12-03 Outboard Systems Module 1 Successful 90 Garced Callas 19918 018900STRICTLY YAM.. Outboard teaming Outboard Dealers Created by ktony Coieman_Admin Generated on 2024-04.-02 3:44 PM EST by Cara Hicks Admin.. 2024 Saba Soiiytrare, Inc. All rights reserved. 2 cif 2 City of Miami Solicitaton 1FB 1781386 Solicitation. IFB 1781386 Boat Maintenance, Repairs, Parts, and Related Marine Service, Citywide Solicitation Designation: Public 47:14AM PI 1 City of Miami Sohcitation IFB 1781386 City of Miami 3/22/2024 7.14 AM p. 2 city of Miami Certifications Legal Name of Firm: C-kG Entity Type: Partnership, Sole P prietorship. Corporation, etc. CORp Solicitation IFB fear Established: Office Location: City of Miami. Miami -Dade County. or Other C14-1 or Federal Employee Identification Number ("FE -Lf6 7 7 2--"7 Business Tax Receipt/Occupational License Number: Business Tax Receipt/Occupational License Issuing Agency: C i:k1 0 4- vik A Business Tax Receipt/Occupational License Expiration Date: oct - go - 2 02_,/ Will Subcontractor(s) be used? (Yes If subcontractor( s) will be utilized, provide their naitie, address and the portion of the work they will he 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. 1/1/24). If no addendumaddenda was/were issued. please insert N/A. liBidder has a Local Office. as defined under Chapter IS/Article 111, 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? 3/22/2024 7:14AM P- City of Miami Sohcitaton FB 1781386 Does Bidder have any pending lawsuits with or against the C.City of Mianm any of its agencies and/or instrumentalities? (Yes or No) If Yes, please list. J-o Does l3idder have any record of criminal activities? (Yes or No) If Yes, please list. 0 Has Bidder declared bankruptcy within the past seven (7) yearsyears? (Yes or No) If Yes, when? Does Bidder have any prior or pending litigation, either civil or criminal, involving a governxnental 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. Reference No, 1: Name of Company Agency for which Bidder is currently providing the services/goods as described in this Solicitationof has provided such servicesf goods in the past: C4i oF riN I A- rY1 Reference No, 1; Address, City, State, and Zip for above referenced company/agency listed: A- (44- ti r 0.5NAJ 33 13 0 Reference No. 1: Name of Contact Person, Telephone Number, and Email for abov Reference No. 1: 6 9 is-op/4i Po I , ort OEL---FA-mER_oi•-i -3 o q -7 0 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 servicestoods in the past: (1110c/v1, Reference No. 2: Address, City. State, and Zip for above referenced comp nyagency listed: g I 0 PLAgl 17 5 tvi Pren L 331G, 9300 jj Lf 80 A I F-1 3?oe Reference No. 2: Name of Contact Person, Telephone Number. and E No. 2: ii for above Reference Reference No, 2: Date of Contract or Sale for above Reference No. 2: 3/22/2024 7:14 AM P- 8 City of Morn! Solicitation IFB 1781386 Referenci. No, 3: Name of ('ompany'Agency for which Bidder is currently providing the services/goods as described in this Solicitation, or bas provided such servicesloods in the past: ic I /Ce/t/ 60-c_ /e6 ineohaiA)14 Reference No. 3: Address, City. State. and Zip for above referenced companyage y listed: -3;Dj 2.t ce./1 4 ere,k,tr Reference No. No. 3: 3: Name of Contact Person, Telephone number. and Email for above Referenced TA- m A-RiAJA,COvvk Reference No. 3: Date of Contract or Sale for above Referenced No. 3: Acknowledge that References were provided for each group for which responses were subrnitred: YES OR NO. ledge that Certifications for Factory Certified Technicians were submitted (If Applicable): R NO. 4)ef y iftiPrd4- k4> 3/2212024 7.14 AM p. 9 Sottutation IFB 1781388 Invitation for Bid °FBI 1781386 Table of Contents Terms and Conditions L General Conditions 1.1. 1. General Terms and Conditions for Invitation for Bids (IFB) 2. Special Conditions 2.1. PURPOSE 2.2. PRE-BIDTRE-PROPOSAL CONFERENCE 2.3. DEADLINE FOR RECEIPT OF REQUEST FOR ADDITIONAL INFORMATIONCLARIFICATION 2.4. TERM OF CONTRACT 2.5. METHOD OF AWARD 2.6. CONDITIONS FOR RENEWAL 2.7. BIDDERS MINI1vIUM QUALIFICATIONS 2.8. SUBCONTRACTORS SHALL BE IDENTIFIED 2.9. REFERENCES 2.10. ENSURANCE REQUIREMENTS 2.11. LOCAL. OFFICE PREFERENCE 2.12. CURES 2.13. SUBMISSION AND RECEIPT OF BIDS 2.14. CITY OF MIAMI LIVING WAGE ORDNANCE 2.15. IIE BIDS 2.16. APPROVED EQUAL PRODUCT 2.17. QUALITY AND MANUFACTURE 2.18. PACKING SLIP. DELIVERY TICKET TO AC( S D DELIVERY 2.19. NON -APPROPRIATION OF FUNDS 2.20. PROJECT MANAGER 2.21. WARRANTY 2.22. USE OF PREMISES 2.23. DAMAGES TO PITBLICTRTVA 1 h PROPERTY 2.24. RESPONSE TLME 2.25. DELIVERY 2.26. SAFETY MEASURES 2.27. PUBLIC' SAFETY 2.28. METHOD OF PAYMENT 2.29. PARTS AT PASS THROUGH COST 2.30. SPECIFICATION EXCEPTIONS 2.31. ADDIIIONfDELETION OF FACILITIESIPRODUCTS/ITEMS'SERVICES/SUPPLIERS 2 32. FAILURE TO PERFORM 2.33. LIQUIDATED DAMAGES 2.34. PUBLIC ENTITY CRIMES 2.35. E-VERIFY EMPLOYMENT VERIFICATION 2.36. PRIMARY CLIENT (FIRST PRIORITY) 2.37. TERMINATION 2.38. ADDITIONAL TERMS AND CONDITIONS 3/22,12 24 7:14 AM n. 10 City of Miam Soliatation IFB 178.1386 3. Specifications 3.1. SPECIFICATIONS/SCOPE OF WORK AP)-Eivce- A -Ain Repthrs Invitation for Bid UFB) 1781386 ON oPr-TS IN/0 (Y\ SrL)1CJ 3/22/2024 7:14 AM p. 11 City of Miarrn Soicitaton IFS 1781386 Invitation for Bid (IFB) 1781386 IMPORTANT .NOTICE TO BIDDERS BID BOND AND PERFORMANCE BOND IS NOT REQLTIRED FOR THIS IFB. REFER TO ATTACILMENT B - BID PRICE SHEET IN THE DOCUMENT SECTION OF BIDSYNC, FOR THE LINE ITEMS OF THIS IFB. FAILURE TO COMPLETE, SIGN, AND UPLOAD TIE CERTIFICATION STATEMENT AND CERTIFICA [ION SECTION WILL RENDER YOLTR BID NON- RESPONSIVE. ALL UPLOADS SHALL BE TN THE PDF FILE FORMAT. NO OTHER FILE FORMATS 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 MUL IIPLE FILES, FOR 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 EMAII BIDSYNC AT SUPPORTeBIDSYNC.COM. 3/22i2024 7:14 AM R. 12 l7w.,, References for IFB_ Group 4 Boat Hull Repair: Fiberglass/Aluminum Reference No. 1: Name of Company/Agency for which bidder is currently providing the services/goods a escribed in this solicitation, or has provided such services/goods in tast:// p ', rG cin /i/ ,„✓�-- Reference No. 1: Address, City, State, and Zip for above reference company/agency 330( / ted: rG Q A-0/4r- (101-uj-C (4.44A7, , ory.11 Reference No. 1: Name of Contact Person Telephone Number and email for above reference no. 1 Reference No. 1: Date of Contra or ale for above reference no. 1 3/, 2c 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 ie past: fs7-Ec `), ( 02i' o. 2: Address City, State and for Zip above reference company/agency listed: 3(d3 NW o SF /'1IAMI ,q 33(Y2_ Reference No. 2: Name of Contact Person Telephone Number and email for above reference no. 2 Li L f 614 SS1 c h i /46rrm,/, eAi2r 3 a s" zo 03 c, Reference No. 2: Date of Contract or S -:le for ?bove reference no. 2 ef3 zg 2.oa3 Reference No. 3: Name of Company/Agency for which bidder is currently providing the services/goods as describe in this solicitation, or has provided such services/goods in the past: d 4 64- f - ,i "ix) !i,49 c7/i/✓✓p J Reference No. 3: Address,Ci State,and Zipfor above reference City, company/agency listed: /D -?l e Reference No. 3: Name of Contact Person Telephone Number and email for above reference no. 3 (r4'"-' 3asy/i0,93 Reference No. 3: Date of Contract Sal for above reference no. 3 d/�` ZZ; 202j References for IFBOMNIIIP Line 1.2 Yamaha Engines 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/gods in the past: ./Cene6A-C k&tt- "9-2i4/4 Reference No. 1: Address, City, State, and Zip for above reference company/agency Wed: 33 01 /Lit C/CFN44c, -12 69-056-&,, y /yli4mi c 33'Vf Reference No. 1: Name of Contact Person Telephone Number and email for above reference no. 1 7RrMprrvN/t•. Corn ,7;)y 299-3,C27 Reference No. 1: Date of Contract or S ,(e for/above reference no. 1 ( ,/zoz.3 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: / S ) /L1 S 7ZF �l 6,ee i,e4-7(% ,,t/ Reference No. 2: Address, City, State, and Zip for above reference company/agency listed: 3 / 03 h/ w 70 St /1 ri-f1t FL 33 (tf Z Reference No. 2: Name of Contact Person Telephone Number and email for above reference no. 2 LII yGl4ssTecA¢ e-iv2i VC 3 O S2l 3 C b 3‘ (!O'ffnAI I• Cool Reference No. 2: Date of Contract or ale f+ r above reference no. 2 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: fef veE A 0 -r Reference No. 3: Address, City, State, and Zip for above reference company/agency listed: III02 MA) 500-41 ,2t a.e - J1 e0 it./ 0 331.7 Reference No. 3: Name of Contact Person Telephone Number and email for above reference no. 3 0 S 755a01 // nv/co e ciee h°4 Reference No. 3: Date of Contract or Sale for above re/erence no. 3 0 ,26�/7 References for IFB05:'`'j Line 2.1 Yamaha En • ine: 100 Hour Service Reference No. 1: Name of Company/Agency for which bidder is currently providing the services/goods as describ d in this solicitation, or has provided such services/goods in the past: /J r (,t/3 4}-C�� a--/ Y itir ,v4- Reference No. 1: Address, City, State, and Zip for above reference company/agency, ted: j` ,,�1 J? 0 / l C � ��C � �2 (A-u,�P w 4. d (4, i ( (--( 3 ? 11/5 Reference No. 1: Name of Contact Person Telephone Number and email for above reference no. 1 .j-44 4A-/L�,v/� CO M �-�y ��L z� 5 -3�z� . Reference No. 1: Date of Contract or Sal 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: eft-5f- Ch (oit) OiM((GYv Reference No. 2: Address, City, State, and Zip for above reference company/agency listed: T ? 311� Z 3?03 ft!w 20 .5* , 1 - ( ' L Reference No. 2: Name of Contact Person Telephone Number and email for above reference no. 2 L(L �7R T6r 4 • N49 v6 30.Zf3Ud? G Y fft Awn1.cofv, Reference No. 2: Date of Contract or Sale f r abov refer nce no. 2 03�ZS 20z,i AIMS 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: /J 6 A f3 ((A r'11 /. (C�" , &/'- Reference No. 3: Address, City, State, and Zip for above reference company/agency listed: /00/ /174C A(- f A (1/11/1-etti(3'l u 2_ go0 A! w 2 Al; �I 33 /2ef- Reference No. 3: Name of Contact Person Telephone Number an d email for above reference n . 3 �l r � ,nerb,/-; /, C�� 7-. OA:C. '7/1 / N 3 6.5` q'7 O SS/S5 yY $035- b9(19Mf i1'-/Ja/IIC, a2f Reference No. 3: Date of Contract or Sale for abov refer ce no. 3 References for IFB UMW Line 3.6 Yamaha Parts 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 servic go9ds in the p st: c (64 4,1 /7/4//'(,v4- Reference No. 1: Address, City, State, and Zip for above reference company/acy listed: 3.?�t / G & 4t if '- (4•Wir/ frit'1' 33 /1, ` Reference No. 1: Name of Contact Person Telephone Number and email for above reference no. 1 yR ft+?r r(AJ , Com 7 54 Z- 36Z? Reference No. 1: Date of Contract o S e for bove reference no. 1 uZ.3 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: 1 rr'Tc 4 go/L1A Reference No. 2: Address, City, State, and Zip for above reference company/agency listed: 2/0 3 Nw Zcs 5+ rilf4i"133/YZ-- Reference No. 2: Name of Contact Person Telephone Number and / of naill ffabov reference no. 2 ,,".��rf�-t Et- 3 d 3 Zt 3 (�D,3.` /;1 �f44 i9-i l , co ✓, Reference No. 2: Date of Contract or Sale for a ve r ference no. 2 3 Zi-,2 cs ZJ 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 pasOle(. fejf Reference No. 3: Address, City, State, and Zip for above reference company/agency listed: / / ��Ql� gt F d e-eC4v ��F leo ; ,/4-f /` 4 �t Reference No. 3: Name of Contact Person Telephone Number and email for above reference no. 3 ,1445-tr ne 9ffSI.COIv) Reference No. 3: Date of Contract or Sale for above refer ce no. 3 7 ;.5 Z ACORL?� CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDDIYYYY) 02/07/2024 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 If SUBROGATION IS WAIVED, this certificate does not confer PRODUCER Florida Bankers Insurance 961-963 SW 122 Ave Miami INSURED holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on ri;lhts to the certificate holder in lieu of such endorsement(s). CRG Marine, Inc DBA Strictly Yamaha, Inc 2380 NW 21 Terrace Miami COVERAGES FL 33184 FL 33142 CERTIFICATE NUMBER: CONTACT NAME: Jorge L. Gonzalez PHONE IAIG, No, E•rr (305) 225-1243 1 we Nor(305) 225-5053 : E-MAIL or eluis floridabankersinsurance ADDRESS: 1 g INSURER(S). AFFORDING COVERAGE NAIC # INSURER A: Kinsale Insurance Company INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : 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 r ADDL SUBR LTR TYPE OF INSURANCE r-. _. POLICY NUMBER POLICY EFF ' POLICY EXP IMMIDDIYYYYI IMMIDDIYYYYI LIMITS - _- X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 X OCCUR DAMAGE TCLAIMS-MADE PREMISES a a occu RENTED $ 100,000 MED EXP (Any one person) $ Excluded A Y N 0100217357-1 12/06/2023 12/06/2024 PERSONAL & ADV INJURY $ 1,000,000 _ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 X POLICY JJECT J LOC PRODUCTS -COMP/OP AGG $ 2,000,000 . OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT accident.) $ ANY AUTO .?Ea BODILY INJURY (Per person) $ OWNED AUTOS ONLY SCHEDULED AUTOS BODILY INJURY (Per accident) $ .. HIRED AUTOS ONLY NON -OWNED AUTOS ONLY PROPERTY DAMAGE (Per accident) $ 1 UMBRELLA LIAB OCCUR EACH OCCURRENCE _ _ $ EXCESS UAB CLAIMS -MADE AGGREGATE $ DED f RETENTIONS $ J WORKERS COMPENSATION AND EMPLOYERS' LIABILITY PER STATUTE f OTH- I ER ANY PROPRIETOR/PARTNER/EXECUTIVE Y I N ! E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? (Mandatory in NH) N I A E.L. DISEASE - EA EMPLOYEE $ If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ Contractor Pollution Liability OCC A N N 0100217357-1 12/06/2023 12/06/2024 $10,000 Deductible $1MM/$2MM DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Boat Repair and Servicing Ship Repairs Legal Liability --- 1MM/2MM Contractors Professional Liability -( $ 10K Ded, Retro 12/06/20222)--$1MM/2MM Certificate Holder is listed as additional insured on a primary and non contributory basis in the General Liability policy. Ship Repairer's Liability Coverage and contractor pollution Liability are included applies with written contract. CERTIFICATE HOLDER CANCELLATION City of Miami Attn: Cristine 444 SW 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 'ems © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD 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. 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. 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. 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. BID PRICE SHEET IFB 1781386, Boat Maintenance, Repairs, Parts, and Related Marine Services, Citywide Item Description Qty UOM Unit Price GROUP 1: Labor (All Parts at Pass Through Cos ) 1.1 Yamaha Engines: Maintenance and Repair 1 Hour /0p�' Service Call Charge (If Any) 1 Each 75 CV 'Warranty on Labor (Number of Days) 30 Day 'Warranty on Parts (Number of Days) 90 Day 1.2 and Repair Mercury Engines: Maintenancef�%/ 1 Hour I MIA A Service Call Charge (If Any) 1 Each 1((( q AV / 'Warranty on Labor (Number of Days) Day A it `/1 FV,! r l/C1- 'Warranty on Parts (Number of Days) Day 1.3 Marine Electronic Repairs (i.e., GPS, navigation, radar, antenna, speakers, etc.) 1 Hour Of) Service Call Charge (If Any) 1 Each ! J OC` I 'Warranty on Labor (Number of Days) 30 Day 'Warranty on Parts (Number of Days) 7 0 Day 1.4 Caterpillar Engines: Maintenance and Repair 1 Hour Air/4 Service Call Charge (If Any) 1 Each ✓vile `Warranty on Labor (Number of Days) Day V /I �iiil , 'Warranty on Parts (Number of Days) Day A tJ- p 7 /`i 3iiii_ n f/ f1b ! Y 1.5 Ultra Jet Drives: Maintenance and Repair 1 Hour Service Call Charge (If Any) 1 Each 'Warranty on Labor (Number of Days) Day 'Warranty on Parts (Number of Days) Day p 1.6 ZF Marine Transmission: Maintenance and Repair 1 Hour A , Service Call Charge (If Any) 1 Each IA j pr `Warranty on Labor (Number of Days) Day flV . *Warranty on Parts (Number of Days) Day s / 1.7 Kohler Generator: Maintenance and Repair 1 Hour , / ��. Service Call Charge (If Any) 1 Each r/ pc 'Warranty on Labor (Number of Days) Day !V lt" 'Warranty on Parts (Number of Days) Day N A— BID PRICE SHEET IFB 1781386, Boat Maintenance, Repairs, Parts, and Related Marine Services, Citywide Item Description Qty UOM Unit Price GROUP 2:100 Hour Service Interval: Maintenance Inspections on the Engines (Inclusive of all Parts and Labor) #REFI 2.1 Yamaha Engines 1 HR a 0 , *Warranty on Labor (Number of Days) 3o Day 'Warranty an Parts (Number of Days) 7 0 Day 2.2 Mercury Engines 1 HR ^ /�� /Nit)i- `Warranty on Labor (Number of Days) Day 'Warranty on Parts (Number of Days) Day N r j 1 GROUP 3: Parts only Minimum Percent Discount Off Parts Catalog (List Catalogs) $0.00 3.1 Minimum Percent Discount Off Manufacturers List Price Catalog for Caterpillar Engines (express as a decimal, i.e., 15% discount = .15) Off Ai( 3.2 Minimum Percent Discount Off Manufacturer's List Price Catalog for Yamaha Engines (express as a decimal, i.e., 15% discount = .15) % Off ; 3.3 Minimum Percent Discount Off Manufacturers List Price Catalog for discount = .15) Mercury Engines (express as a decimal, i.e., 15% Off a JL � �ci 3.4 Minimum Percent Discount Off Manufacturers List Price Catalog for Ultra Jet (express as a decimal, i.e., 15% discount = .15) %Off f ' 10) pi 3.5 Minimum Percent Discount Off Manufacturers List Price Catalog for ZF Marine Transmission (express as a decimal, i.e., 15% discount = .15) /Off p � f V 3.6 Minimum Percent Discount Off Manufacturer's List Price Catalog for Generator (express as a decimal, I.e., 15% discount = .15) % Off Op/Kohler 3.7 Minimum Percent Discount Off Manufacturers List Price Catalog not listed above (express as a decimal, i.e., 15% discount = .15) %Off 1 1 S GROUP 4: Fiberglass/Aluminum Boat Hull Repair (with Parts at Pass Th ough Cost) $0.00 4.1 Boat Hull Repair: Fiberglass 1 HR 1 2 S Service Call Charge (If Any) 1 HR r 7� 'Warranty on Labor (Number of Days) y^� �1" Day 'Warranty on Parts (Number of Days) C [ Day 4.2 Boat Hull Repair: Aluminum_ 1 HR N ) ('- Service Call Charge (If Any) 1 HR � {/I / V - 'Warranty on Labor (Number of Days) Day / V it `Warranty on Parts (Number of Days) Day A l ► fri. GROUP 5: Haul -Out Hurricane Plan $0.00 5.1 cost to Haul -Out Thirty -Five (35') foot (ft.) Marlin Boat and Release back into water 1 Each f�/ BID PRICE SHEET IFB 1781386, Boat Maintenance, Repairs, Parts, and Related Marine Services, Citywide Item Description Qty UOM Unit Price 5.2 Daily Cost to Store Thirty -Five (35') foot (ft.) Marlin Boat 1 Each n %' 5.3 Cost to Haul -Out Fifty (50') foot (ft.) Fireboat and Release back into water 1 Each Ai pr 5.4 Daily Cost to Store Fifty (50') foot (ft.) Fireboat 1 Each //A A`Jt !p k/- 5.5 Cost to Haul -Out Fifty (50') foot (ft.) Houseboat and Release back Into water 1 Each ry `°� 5.6 Daily Cost to Store Fifty (50') foot (ft.) Houseboat 1 Each (�/ n / 4 GROUP 6: Barnacle Removal: Clean Bamacles, Algae, and Fouling below Waterline, Multi -Point Underwater Inspection of Zincs, Running Gear, Bottom Paint, Report Findings (Yearlong, Bi- Monthlvi $0.00. N� 6.1 Two (2), 50ft. Metal Craft Aluminum Fireboats 26 Each 6.2 One (1), 50ft. Houseboat Fire Station 26 Each 6.3 One (1), 27ft. Boston Whaler Center Console 26 Each . NVik $0.00 6.4 One (1), 35ft. Marlin Center Console 26 Each TOTAL • For Information Purposes Only CITY OF MIRMI CERTPFICATE OF USE FIRE SAFETY PERMIT BUSINESS NAME: CRG MARINE INC DBA: BUSINESS ADDRESS: EXPIRES: ACCOUNT NUMBER: CERTIFICATE NUMBER: 2380 NW 21 TER 2024-09-30 169301 201/000899 COMMENTS: BOAT ENGINE REPAIRS RESTRICTIONS' FY 23- 24 ISSUED: Nov 06 2020 APPROVED USE(S): CUO3 -General Commercial - PLEASE DISPLAY THIS CERTIFICATE IN A CONSPICUOUS LOCATION AT OCCUPANCY ADDRESS, • FAVOR DE MOSTRAR ESTE CERTIFKCADO EN UN SITIO VISIBLE EN LA DIRECCION DEL COMERCIO. - TANPRI AFICHE SETIFIKA SA A NAN YON KOTE KO:NSIDEB NAN ADRES OKIPANS. www.miamigov.com CITY OF MIAMI BUSINESS TAX RECEIPT BUSINESS NAME: CRG MARINE INC DBA: BTR HOLDER NAME: CRG MARINE INC BUSINESS ADDRESS: 2380 NW 21 TER EXPIRES: Effective Year Oct. 1 2023 Thru Sep. 30 2024 ACCOUNT NUMBER: 169301 RECEIPT NUMBER: 193600 COMMENTS: BOATS: SERVICE OR FUEL SUPPLY RESTRICTIONS: FY 23- 24 ISSUED: Oct 01, 2023 Robert Santos-Alborna This issuance of a business tax receipt does not permit the holder to violate any zoning laws of the City nor does it exempt the holder from any licenseor permits that may be required by law_ This document does not constitute a certification that the holder is qualified to engage in the business, profession or occupation specified herein. The document indicates payment of the business tax receipt only. - PLEASE DISPLAY THIS CERTIFICATE IN A CONSPICUOUS LOCATION AT OCCUPANCY ADDRESS. - FAVOR DE MOSTRAR ESTE CERTIFICADO EN UN SITIO VISIBLE EN LA DIRECCION DEL COMERCIO. - TANPRI AFICHE SETIFIKA SA A NAN YON KOTE KONSIDEB NAN ADRES OKIPANS. www.miamigov.com 1 LEASE AGREEMENT THIS LEASE ("Lease") is entered into this 15 day of October, 2019, between CVR REALTY, LLC, a Florida limited liability company, with its principal office located at 2600 So. Douglas Road, Suite 913, Coral Gables, Florida 33134 ("Lessor") and STRICTLY YAMAHA, INC, a Florida company, with its principal office located at 031 Dove Avenue, Miami Springs, FL 33166 ("Lessee"). RECITALS WHEREAS, the Lessee wishes to rent the premises located at 2380 NW 21 Terrace ("Building") Unit D, Miami FL 33142 ("Premises"), which consists of 3,986 square feet; WHEREAS, the Lessor agrees to rent the Premises exclusively to the Lessee to use as an industrial warehouse; NOW, THERFORE, in consideration of the terms and conditions set forth below, the Lessor and Lessee agree as follows: 1. LESSEE'S ACCEPTANCE OF PREMISES. Lessor hereby leases to Lessee, and Lessee hereby leases from Lessor, the Premises, for the term, at the Rent, and upon all of the terms, covenants and conditions set forth in this Lease. While the approximate square footage of the Premises may have been used in the marketing of the Premises for purposes of comparison, the Rent stated herein is not tied to square footage and is not subject to adjustment should the actual size be determined to be different. Lessee hereby accepts the Premises in the condition they are in at Lease Commencement Date and agrees to maintain said Premises in the same condition, order and repair as they are at the commencement of said term excepting only reasonable wear and tear arising from the use thereof under this agreement, and to make good to said Lessor immediately upon demand, any damage to water apparatus, or electric lights or any fixture, appliances or appurtenances of said Premises, or of the building caused by any act or neglect of Lessee, or of any person or persons in the employ or under the control of the Lessee. 2. ACKNOWLEDGEMENTS. Lessee acknowledges that: (a) it has been given an opportunity to inspect and measure the premises, (b) Lessee has been advised by Lessor and/or brokers to satisfy itself with respect to the size and condition of the Premises (including but not limited to the electrical, HVAC and fire sprinklersystems, security, environmental aspects, and compliance with applicable requirements), and their suitability for lessee's intended use, (c) Lessee has made such investigation as it deems necessary with reference to such matters and assumes all responsibilitythereforasthe same relate to its occupancy of the Premises, (d) it is not relying on any representation as to the size of the premises made by brokers or Lessor, (e) the square footage of the premises was not material to Lessee's decision to lease the premises and pay the rent stated herein, and (f) neither Lessor, Lessor's agents, nor brokers have made any oral or Page 1 written representations or warranties with respect to said matters other than as set forth in this Lease. in addition, Lessor acknowledges that: (i) brokers have made no representations, promises or warranties concerning Lessee's ability to honorthe lease or suitability to occupy the Premises, and (ii) it is Lessor's sole responsibility to investigate the financial capability and/or suitability of all proposed Lessees. 3. USE. a. Lessee shall occupy and use the Premises as a warehouse and for no other purposes or uses whatsoever. b. Lessee shall not use or permit the use of the Premises in a manner that is unlawful, creates damage, waste or a nuisance, impairs the structural integrity of the improvements of the Building, will not adversely affectthe mechanical, electrical, HVAC, and othersystems of the Building, and/or will not affect the exterior appearance of the Building or that disturbs occupants of or causes damage to neighboring premises or properties c. Lessee is responsible for determining whether or not the zoning and other building codes applicable laws, covenants or restrictions of record, regulations, and ordinances are appropriate for Lessee's intended use and acknowledges that past uses of the Premises may no longer be allowed. d. Lessee shall not engage in any activities which cause damage to the Premises or otherwise utilize toxic substances or dangerous chemicals which might be harmful either to the Premises or to licenses or invites upon said Premises. 4. TERM OF LEASE. This term of this Lease is for thirty-seven (37) months ("Term") commencing on October 15, 2019 ("Lease Commencement Date") and terminating November 14, 2022 ("Expiration Date"). Lessor agrees to use its best commercially reasonable efforts to deliver possession of the Premises to Lessee by the Lease Commencement Date. If, despite said efforts, Lessor is unable to deliver possession by such date, Lessor shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease or change the Expiration Date. Lessee shall not, however, be obligated to pay Rent or perform its other obligations until Lesso r delivers possession of the Premises and any period of rent abatement that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to what Lessee would otherwise have enjoyed under the terms he reof, but minus any days of delay caused by the acts or omissions of Lessee. If possession is not delivered within 60 days afterthe Lease Commencement Date, as the same may be extended underthe terms of any Work Letter executed by Parties, Lessee may, at its option, by notice in writing within 10 days after the end of such 60 day period, cancel this Lease, in which event the Parties shall be discharged from all obligations hereunder. If such written notice is not received by Lessor within Page 2 said 10-day period, Lessee's right to cancel shall terminate. If possession of the Premises is not delivered within 120days after the Lease Commencement Date, this Lease shall terminate unless other agreements are reached between Lessor and Lessee, in writing. Notwithstanding the foregoing, Lessorshall not be required to deliver possession of the Premises to Lessee until Lessee complies with its obligation to provide evidence of insurance as required under this Lease. Pending delivery of such evidence, Lessee shall be required to perform all of its obligations under this Lease from and after the Lease Commencement Date, including the payment of Rent, notwithstanding Lessor's election to withhold possession pending receipt of such evidence of insurance. Further, if Lessee is required to perform any other conditions prior to or concurrent with the Lease Commencement Date, the Lease Commencement Date shall occur, but Lessor may elect to withhold possession until such conditions are satisfied . 5. RENEWAL OPTION. The Lease may be renewed for one (1) additional five (5) year term upon receipt of written notice from Lessee sixty (60) days prior to the termination of the Term. The renewal notice shall be directed to Landlord and shall inform Lessor of its intent to renew the Lease. 6. RENT. All monetary obligations of Lessee to Lessor under the terms of this Lease, including any Additional Rent (except for the Security Deposit) are deemed to be rent ("Rent"). a. Lessee will pay the Rent of $ 3,561.39, plus applicable local sales tax. The total monthly installment due is $3.800.00 including applicable sales tax for Miami Dade FL. The Rent shall be adjusted everyyearfromthe Lease Commencement Date by an annual increase of three percent (3%). Notwithstanding anything to the contrary herein, Rent shall be abated for the first (1st) month of the lease Term. b. All payments are to be made to the Lessor on the fifteenth (15th) day of each month and every month in advance without demand at the office of Lessor, or at such other place and to such other person, as the Lessor may from time to time designate in writing. Lessee shall cause payment of Rent to be received by Lessor in lawful money of the United States on or before the day on which it is due, without offset or deduction (except as specifically permitted in this Lease). All monetary amounts shall be rounded to the nearest whole dollar. In the event that any invoice prepared by Lessor is inaccurate such inaccuracy shall not constitute a waiver and Lessee shall be obligated to pay the amountsetforth in this Lease. Rentforany period during the term hereof which is for less than one full calendar month shall be prorated based upon the actual number of days of said month. Acceptance of a payment which is Tess than the amount then due shall not be a waiver of Lessor's rights to the balance of such Rent, regardless of Lessor's endorsement of any check so stating. c. Lessee hereby acknowledges that late payment by Lessee of Rent will cause Lessor to incur costs not contemplated by this Lease, the exact amount of which will Page 3 be extremely difficult to ascertain. Accordingly, if any Rent shall not be received by Lessorwithin 5 days aftersuch amount shall be due, then, without any requirement for notice to Lessee, Lessee shall immediately pay to Lessor a one-time late charge equal to 10% of each such overdue amount or $100, whichever is greater. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs Lessor will incur by reason of such late payment. Acceptance of such late charge by Lessor shall in no event constitute a waiver of Lessee's Default or Breach with respect to such overdue amount, nor prevent the exercise of any of the other rights and remedies granted hereunder. In the event that a late charge is payable hereunder, whether or not collected, for 3 consecutive installments of Base Rent, then notwithstanding any provision of this Lease to the contrary, Rent shall, at Lessor's option, become due and payable quarterly in advance. d. Any monetary payment due Lessor hereunder, other than late charges, not received by Lessor, when due shall bear interest from the 31" day after it was due. The interest ("Interest") charged shall be computed at the rate of 10% per annum but shall not exceed the maximum rate allowed by law. Interest is payable in addition to the potential late charge provided for in Paragraph 6 (d). 7. SECURITY DEPOSIT. Upon signing this Lease, Lessee shall submit to Landlord a check for the equivalent of one month's rent including applicable sales tax, or Three Thousand Eight Hundred dollars ($ 3,800.00 ) as a Security Deposit, which shall be held by Lessor as security for the faithful performance by the Lessee of all of the terms, conditions, covenants, promise and agreements of this Lease. If Lessee fails to pay Rent, or otherwise Defaults under this Lease, Lessor may use, apply or retain all or any portion of said Security Deposit for the payment of any amount already due Lessor, for Rents which will be due in the future, and/ or to reimburse or compensate Lessorfor any liability, expense, loss or damage which Lessor may suffer or incur by reason thereof. If Lessor uses or applies all or any portion of the Security Deposit, Lessee shall within 10 days after written request therefor deposit monies with Lessor sufficient to restore said Security Deposit to the full amount required by this Lease. If the Base Rent increases during the term of this Lease, Lessee shall, upon written request from Lessor, deposit additional monies with Lessor so that the total amount of the Security Deposit shall at all times bear the same proportion to the increased Base Rent as the initial Security Deposit bore to the initial Base Rent. Should the Use be amended to accommodate a material change in the business of Lessee or to accommodate a subtenant or assignee, Lessor shall have the right to increase the Security Depositto the extent necessary, in Lessor's reasonable judgment, to account for any increased wear and tear that the Premises may suffer as a result thereof. If a change in control of Lessee occurs during this Lease and following such change the financial condition of Lessee is, in Lessor's reasonable judgment, significantly reduced, Lessee shall deposit such additional monies with Lessor as shall be sufficient to cause the Security Deposit to be at a commercially reasonable level based on such change in financial condition. Lessor shall not be required to keep the Security Deposit separate from its general accounts. At the end of the Term or as Page 4 renewed, assuming that the Lessee has faithfully performed all of said conditions as contained in said Lease and as provided for by applicable law, the Lessee shall be entitled to the return of the security deposit or any remaining and outstanding balance no later than thirty (30) days afterthe expiration of the Term or within such longer period of time as may be required for the Lessee to comply with the terms and conditions of this Lease relative to the return of the Premises. The Lessor shall not be required to pay any interest to Lessee upon return of said security deposit. 8. ADDITIONAL RENT; UTILITIES. a. Lessee agrees that he will pay all other charges due, including without being limited to electricity or other illumination, all water and utility charges used on said Premises, and any pro-rata share of the maintenance of the common areas of the Building ("Additional Rent"). should said charges for Additional Rent or Rent remain due and unpaid for five (5) days after the same shall have become due, then Lessor may at its option consider the said Lessee a "Lessee at Sufferance" and immediately re-enter upon said Premises and the entire Rent for the Rent period then next ensuing shall at once be due and payable and may forthwith be collected by distress and otherwise. b. There shall be no abatement of Rent and Lessor shall not be liable in any respect whatsoever for the inadequacy, stoppage, interruption or discontinuance of any utility or service to the Building or Premises due to riot, strike, labor dispute, breakdown, accident, repair or other cause beyond Lessor's reasonable control or in cooperation with governmental request or directions. c. All checks returned by the bank and not paid as shown on its face will be subject to a $50.00 penalty, which shall be paid by Lessee as Additional Rent. 9. LESSEE'S COMPLIANCE WITH APPLICABLE REQUIREMENTS. Except as otherwise provided in this Lease, Lessee shall, at Lessee's sole expense, fully, diligently and in a timely manner, materially comply with all Applicable Requirements, the requirements of any applicable fire insurance underwriter or rating bureau, and the recommendations of Lessor's engineers and/or consultants which relate in any manner to the Premises, without regard to whether said Applicable Requirements are now in effector become effective afterthe Lease Commencement Date. Lessee shall, within 10 days after receipt of Lessor's written request, provide Lessor with copies of all permits and other documents, and other information evidencing Lessee's compliance with any Applicable Requirements specified by Lessor, and shall immediately upon receipt, notify Lessor in writing (with copies of any documents involved) of any threatened or actual claim, notice, citation, warning, complaint or report pertaining to or involving the failure of Lessee or the Premises to comply with any Applicable Requirements. Likewise, Lessee shall immediately give written notice to Lessor of: (i) any water damage to the Premises or Building Page 5 and any suspected seepage, pooling, dampness or other condition conducive to the production of mold; or (ii) any mustiness or other odors that might indicate the presence of mold in the Premises. 10. DEFAULT. A "Default" is defined as a failure by the Lessee to comply with or perform any of the terms, covenants, conditions or Rules and Regulations underthis Lease. A "Breach" is defined as the occurrence of one or more of the following Defaults, and the failure of Tenant to cure such Default within any applicable grace period: a. The failure of Lessee to make any payment of Rent or any Security Deposit required to be made by Lessee hereunder, whether to Lessor or to a third party, when due, to provide reasonable evidence of insurance or surety bond, or to fulfill any obligation under this Lease which endangers or threatens life or property, where such failure continues for a period of 3 business days following written notice to Lessee. THE ACCEPTANCE BY LESSOR OF A PARTIAL PAYMENT OF RENT OR SECURITY DEPOSIT SHALL NOT CONSTITUTE A WAIVER OF ANY OF LESSOR'S RIGHTS, INCLUDING LESSOR'S RIGHT TO RECOVER POSSESSION OF THE PREMISES. b. The abandonment of the Premises; or the vacating of the Premises without providing a commercially reasonable level of security, or where the coverage of the property insurance described herein is jeopardized as a result thereof, or without providing reasonable assurances to minimize potential vandalism. c. The failure of Lessee to allow Lessor and/or its agents access to the Premises or the commission of waste, act or acts constituting public or private nuisance, and/or an illegal activity on the Premises by Lessee, where such actions continue for a period of 3 business days following written notice to Lessee. In the event that Lessee commits waste, a nuisance or an illegal activity a second time then, the Lessor may elect to treat such conduct as a non -curable Breach rather than a Default. d. The failure by Lessee to provide (i) reasonable written evidence of compliance with Applicable Requirements, (ii) the service contracts, (iii) the rescission of an unauthorized assignment or subletting, (iv) an Estoppel Certificate or financial statements, (v) a requested subordination, (vi) evidence concerning any guaranty and/or Guarantor, or (vii))any other documentation or information which Lessor may reasonably require of Lessee underthe terms of this Lease, where any such failure continues for a period of 10 days following written notice to Lessee. e. A Default by Lessee as to the terms, covenants, conditions or provisions of this Lease, or of the faithful observance of the rules and regulations printed upon this Lease, and which are hereby made a part of this covenant, and of such other and further rules or regulations as may be hereafter made bythe Lessor, where such Default continues for a period of 30 days after written notice; provided, however, that if the nature of Lessee's Page 6 Default is such that more than 30 days are reasonably required for its cure, then it shall not be deemed to be a Breach if Lessee commences such cure within said 30 day period and thereafter diligently prosecutes such cure to completion. f. The occurrence of any of the following events: i. the making of any general arrangement or assignment for the benefit of creditors; ii. becoming a "debtor" as defined in 11 U.S.C. § 101 or any successor statute thereto (unless, in the case of a petition filed against Lessee, the same is dismissed within 60 days); iii. the appointment of a trustee or receiver to take possession of substantially all of Lessee's assets located at the Premises or of Lessee's interest in this Lease, where possession is not restored to Lessee within 30 days; or iv. the attachment, execution or other judicial seizure of substantially all of Lessee's assets located at the Premises or of Lessee's interest in this Lease, where such seizure is not discharged within 30 days; provided, however, in the event that any provision of this subparagraph is contrary to any applicable law, such provision shall be of no force or effect, and not affect the validity of the remaining provisions. v. The discovery that any financial statement of Lessee or of any Guarantor given to Lessor was materially false. g. If the performance of Lessee's obligations underthis Lease is guaranteed: (i) the death of a Guarantor, (ii) the termination of a Guarantor's liability with respect to this Lease other than in accordance with the terms of such guaranty, (iii) a Guarantor's becoming insolvent or the subject of a bankruptcy filing, (iv) a Guarantor's refusal to honor the guaranty, or (v) a Guarantor's breach of its guaranty obligation on an anticipatory basis, and Lessee's failure, within 60 days following written notice of any such event, to provide written alternative assurance or security, which, when coupled with the then existing resources of Lessee, equals or exceeds the combined financial resources of Lessee and the Guarantors that existed at the time of execution of this Lease. h. Any failure on the part of the Lessee to comply with the terms of said Lease, or any of said rules and regulations now in existence, or which may be hereafter prescribed by the Lessor, shall give the right to the Lessor to enter said Premises, and remove all persons therefrom forcibly or otherwise. i. Any default underthis Lease shall, at the election of Lessor, be deemed a default under any other lease between Lessor and Lessee or its successor, affiliates or permitted assigns in compliance with the notice provisions under such other lease. The security held underthis Lease may be applied to satisfy the obligation of Lessee or his successors, affiliates or permitted assigns under any other such lease and any security Page 7 under any other such lease may be applied to satisfy the obligations of Lessee or its successors, affiliates or permitted assigns under this Lease. 11. REMEDIES. If the Lessee is in default under the terms of this Lease and if the same is not cured by the Lessee immediately upon notice, if required, from Lessor as herein provided, then the Lessor, in addition to all rights and remedies granted under the laws of the State of Florida and this Lease, with or without further notice or demand, and without limiting Lessor in the exercise of any right or remedy which Lessor may have by reason of such Default, shall have any or all of the following additional rights: a. If Lessee fails to perform any of its affirmative duties or obligations, within 10 days after written notice (or in case of an emergency, without notice), Lessor may, at its option, perform such duty or obligation on Lessee's behalf, including but not limited to the obtaining of reasonably required bonds, insurance policies, or governmental licenses, permits or approvals. Lessee shall pay to Lessor an amount equal to 115% of the costs and expenses incurred by Lessor in such performance upon receipt of an invoice therefor. b. To re-enter and remove all persons and property from the Premises, and any such property may be removed and stored in a public warehouse or elsewhere at the cost of and forthe account of Lessee, all without service of notice or resort to legal process and without being deemed guilty of trespass or becoming liable for any loss or damage which may be occasioned thereby. c. Terminate the Lease and reletthe Premises for account of the Lessor or, within the sole discretion of Lessor, the Premises may be relet forthe account of the Lessee. Lessor may reletthe whole or any part of the Premises for the remainder of such unexpired period of this Lease or longer for any Rent obtainable, giving such concessions of Rent, and making such usual or special repairs, alterations and doing such painting for any new Lessee as it may in its sole discretion deem advisable. Lessee shall remain liable for the Rent and Additional Rent, if any, forthe balance of the Lease whether the Premises be relet or not and for all expenses of the Lessor in re-entering, repossessing, altering, repairing, and re -letting the Premises. Any suit brought by Lessor to enforce the collection of any deficiency shall not prejudice Lessor's right to enforce the collection of any further deficiency for a subsequent period. d. If any part of the Rent shall remain due and unpaid afterthe same shall become due and payable, Lessor shall have the option of declaring the balance of the entire Rent for the entire Rentterm of this Lease to be immediately due and payable, and Lessor may then proceed immediately to collect all of the unpaid Rent called for by this Lease by distress or otherwise, orterminate this Lease should Lessee fail to pay the balance of the entire Rentfor the entire Lease Term. For purposes of this paragraph, said balance means the Page 8 entire Rent for the balance of the Lease Term, plus for each remaining year of the term of this Lease, and pro-rata for any part of a year, the yearly average of the adjusted Rent to be paid by the Lessee forthe Lease Term to the end of the Lease year next preceding the date of default in the payment of Rent by Lessee. e. Lessee agrees to pay all costs and expenses of collection and reasonable attorney's fees on any part of said Rent that may be collected by an attorney, suit, distress, or foreclosure; and further, in the eventthat Lessee fails to promptly and fully perform and comply with each and every condition and covenant hereunder and the matter is turned overto Lessor's attorney, Lessee shall pay Lessor a reasonable attorney's fee plus costs, where necessary, whether suit is instituted or not. f. Lessee hereby expressly waives any and all rights of redemption granted by or under any present orfuture laws in the event of Lessee being evicted or dispossessed for any cause, or in the event of Lessor obtaining possession of the Premises, by reason of violation by Lessee of any of the covenants or conditions of this Lease or otherwise. 12. SUBLEASE OR ASSIGNMENT OF LEASE. The Lessee shall not assign this Lease, nor sub -let the Premises, or any part thereof without the written consent of the Lessor. a. Regardless of Lessor's consent, no assignment or subletting shall: (i) be effective without the express written assumption by such assignee or subtenant of the obligations of Lessee under this Lease, (ii) release Lessee of any obligations hereunder, or (iii) alter the primary liability of Lessee for the payment of Rent or for the performance of any other obligations to be performed by Lessee. b. Unless Lessee is a corporation and its stock is publicly traded on a national stock exchange, a change in the control of Lessee shall constitute an assignment requiring consent. c. Lessor may reasonably withhold consent to a proposed assignment or subletting if Lessee is in Default at the time consent is requested d. The transfer, on a cumulative basis, of 25% or more of the voting control of Lessee shall constitute a change in control for this purpose. e. Lessor's consent to any assignment or subletting shall not constitute a consent to any subsequent assignment or subletting. f. An assignment orsublettingwithout consent shall, at Lessor's option, be a Default under the Lease. If Lessor elects to treat such unapproved assignment or subletting as a non - curable Default, Lessor may either: (i) terminate this Lease, or (ii) upon 30 days written notice, increase the monthly Rent to 110% of the Rent then in effect. Further, in the event of such Default and rental adjustment, all fixed and non -fixed rental adjustments scheduled during the remainder of the Lease Term shall be increased to 110% of the scheduled adjusted rent. Page 9 g. Any assignee of, or subtenant under, this Lease shall, by reason of accepting such assignment, entering into such sublease, or entering into possession of the Premises or any portion thereof, be deemed to have assumed and agreed to conform and comply with each and every term, covenant, condition and obligation herein to be observed or performed by Lessee during the term of said assignment or sublease, other than such obligations as are contrary to or inconsistent with provisions of an assignment or sublease to which Lessor has specifically consented to in writing. h. Lessor's consent to any assignment or subletting shall not transfer to the assignee or subtenant any option to renew or extend the Lease granted to the original Lessee by this Lease unless such transfer is specifically consented to by Lessor in writing. i. Lessee hereby assigns and transfers to Lessor all of Lessee's interest in all Rent payable on any sublease, and Lessor may collect such Rent and apply same toward Lessee's obligations under this Lease; provided, however, that until a Breach shall occur in the performance of Lessee's obligations, Lessee may collect said Rent. In the event that the amount collected by Lessor exceeds Lessee's then outstanding obligations any such excess shall be refunded to Lessee. Lessor shall not, by reason of the foregoing or any assignment of such sublease, nor by reason of the collection of Rent, be deemed liable to the subtenant for any failure of Lessee to perform and comply with any of Lessee's obligations to such subtenant. Lessee hereby irrevocably authorizes and dire cts any such subtenant, upon receipt of a written notice from Lessor stating that a Breach exists in the performance of Lessee's obligations under this Lease, to pay to Lessor all Rent due and to become due underthe sublease. Subtenantshall rely upon any such notice from Lessor and shall pay all Rents to Lessor without any obligation or right to inquire as to whether such Breach exists, notwithstanding any claim from Lessee to the contrary. j. In the event of a Breach by Lessee, Lessor may, at its option, require subtenantto attorn to Lessor, in which event Lessor shall undertake the obligations of the Sublessor under such sublease from the time of the exercise of said option to the expiration of such sublease; provided, however, Lessor shall not be liable for any prepaid rents or security deposit paid by such subtenant to such Sublessor or for any prior Defaults or Breaches of such Sublessor. k. Any matter requiring the consent of the Sublessor under a sublease shall also require the consent of Lessor. I. No subtenant shall further assign or sublet all or any part of the Premises without Lessor's prior written consent. 13. ALTERATIONS & UTILITY INSTALLATIONS. The term "Utility Installations" refers to all floor and window coverings, air lines, vacuum lines, power panels, electrical distribution, security and fire protection systems, communication cabling, lighting fixtures, HVAC equipment, and plumbing in or on the Premises. The term "Trade Fixtures" shall mean Lessee's machinery and equipment that can be removed without doing material damage to the Premises. The term " Alterations" shall mean any modification of the improvements, other than Utility Installations or Trade Fixtures, whether by addition or deletion. Page 10 a. Lessee shall not make any Alterations or Utility Installations to the Premises without Lessor's prior written consent. Lessee may, however, make non-structural Alterations or Utility Installations to the interior of the Premises (excluding the roof) without such consent but upon notice to Lessor, as long as they are not visible from the outside, do not involve puncturing, relocating or removing the roof, ceilings, floors or any existing walls, will not affect the electrical, plumbing, HVAC, and/or life safety systems, and the cumulative cost thereof during this Lease as extended does not exceed $2,000.00. b. Notwithstanding the foregoing, Lessee shall not make or permit any roof penetrations and/or install anything on the roof without the prior written approval of Lessor. c. Lessor may, as a precondition to granting such approval, require Lessee to utilize a contractor chosen and/or approved by Lessor. Consent shall be deemed conditioned upon Lessee's: (i) acquiring all applicable governmental permits, (ii) furnishing Lessor with copies of both the permits and the plans and specifications prior to commencement of the work, and (iii) compliance with all conditions of said permits and other Applicable Requirements in a prompt and expeditious manner. d. Any Alterations or Utility Installations shall be performed in a workmanlike manner with good and sufficient materials. e. Any Alterations, Utility Installations, all additions thereto, and all additions, fixtures or improvements made by Lessee, except movable office furniture, shall become the property of the Lessor and remain surrendered with the Premises at the termination of this Lease. Notwithstanding the forgoing, by delivery to Lessee of written notice from Lessor not earlier than 90 and not later than 30 days prior to the Expiration Date, Lessor may require that any or all Alterations or Utility Installations be removed by the expiration of this Lease. Lessor may require the removal at any time of all or any part of any Alterations or Utility Installations made without the required consent. 14. RESTORATION. Lessee shall surrender the premises by the Expiration Date or any earlier termination date, with all of the improvements, parts and surfaces thereof clean and free of debris, and in good operating order, condition and state of repair, ordinary wear and tear excepted. "Ordinary wear and tear" shall not include any damage or deterioration that would have been prevented bygood maintenance practice. Lessee shall repair any damage occasioned by the installation, maintenance or removal of trade fixtures, Alterations and/or Utility Installations, furnishings, and equipment as well as the removal of any storage tank installed by or for Lessee. Lessee shall also remove from the premises any and all hazardous substances brought onto the premises by or for Lessee. Trade fixtures shall remain the property of Lessee and shall be removed by Lessee. Any personal property of Lessee not removed on or before the Expiration Date or any earlier termination date shall be deemed to have been abandoned by Page 11 Lessee and may be disposed of or retained by Lessoras Lessor may desire. The failure by Lessee to timely vacate the premises pursuantto this paragraph withoutthe express written consent of lessor shall constitute a holdover under the provisions herein this Lease. 15. RISK OF LOSS. a. All personal property placed or moved in the Premises above described shall be at the risk of the Lessee orownerthereof, and Lessorshall not be liable for any damage to said personal property, or to the Lessee arising from the bursting or leaking of water pipes, or from any act of negligence of any co -Lessee or occupants of the building or of any other person whosoever. b. It is expressly agreed and understood by and between the parties to this agreement, that the Lessor shall not be liable for any damage or injury by water, which may be sustained bythe said Lessee orother person or for carelessness, negligence or improper conduct on the part of any other Lessee or agents, or employees, or by reason of the breakage, leakage, or obstruction of the water, sewer or soil pipes, or other leakage in or about the said building. 16. INSURANCE. a. Lessee shall acquire and pay for a commercial general liability insurance policy protecting Lessee and Lessor as an additional insured against claims for bodily injury, personal injury and property damage based upon or arising out of the ownership, use, occupancy or maintenance of the Premises. b. Such insurance shall be on an occurrence basis providing single limit coverage in an amount not less than $1,000,000 per occurrence with an annual aggregate of not less than $2,000,000. Lessee shall furnish Lessorwith an endorsementshowingthe Lessor as additional named insured on said insurance coverage no later than ten (10) days from the execution date of this Lease. The limits of said insurance shall not, however, limit the liability of Lessee nor relieve Lessee of any obligation hereunder c. Lessee will maintain plate glass insurance. d. Lessee shall pay for any increase in the premiums for the property insurance of the Building if said increase is caused by Lessee's acts, omissions, use or occupancy of the Premises. e. Lessee shall obtain and maintain insurance coverage on all of Lessee's personal property, Trade Fixtures, and Lessee Owned Alterations and Utility Installations. Such insurance shall be full replacement cost coverage with a deductible of not to exceed Page 12 $1,000 per occurrence. The proceeds from any such insurance shall be used by Lessee for the replacement of personal property, Trade Fixtures and Alterations and Utility Installations 17. FIRE OR OTHER DAMAGE TO PREMISES. In the event the Premises shall be destroyed or so damaged by fire or other casualty during the term of this Lease, whereby the Premises shall be rendered untenantable, then the Lessor shall have to the right to render said Premises tenantable by repairs within ninety (90) days therefrom. If said Premises are not rendered tenantable within said time, the Lessor and Lessee shall each have the option to cancel this Lease, and in the event of such cancellation the Rent shall be paid only to the date of such fire or casualty. The cancellation herein mentioned shall be evidenced in writing. 18. ALARM SYSTEM. Lessee is required, prior to occupancy, to install a security system which provides an audible alarm and telephone monitoring, in the event of unauthorized entry, intrusion or smoke detection. Lessee agrees to maintain said system for the entire term of the Lease and shall pay all fees associated with its maintenance. 19. INDEMNIFICATION OF LESSOR. Notwithstanding the negligence or breach of this Lease by Lessor or its agents, neither Lessor nor its agents shall be liable under any circumstances upon/or about the Premises or on the sidewalks immediately adjacent to the Premises, arising from any reason whatsoever, during the terms of this Lease for: (i) any bodily injury, loss of life or damage to the person or goods, wares, merchandise or other property of Lessee, Lessee's employees, contractors, invitees, customers, or any other person in or about the Premises, whether such damage or injury is caused by or results from fire, steam, electricity, gas, water or rain, indoor air quality, the presence of mold or from the breakage, leakage, obstruction or other defects of pipes, fire sprinklers, wires, appliances, plumbing, HVAC or lighting fixtures, or from any other cause, whether the said injury or damage results from conditions arising upon the Premises or upon other portions of the Building, or from other sources or places, (ii) any damages arising from any act or neglect of any other Lessee of Lessor or from the failure of Lessor or its agents to enforce the provisions of any other lease in the Project, or (iii) injury to Lessee's business or for any loss of income or profit therefrom. Instead, it is intended that Lessee's sole recourse in the event of such damages or injury be to file a claim on the insurance policy(ies) that Lessee is required to maintain pursuant to the provisions of paragraph 16. 20. LESSEE'S ABANDONMENT OF PREMISES. If the Lessee shall abandon or vacate said Premises before the end of the term of this Lease, or shall sufferthe Rent to be in arrears, the Lessor may, at his option, forthwith cancel this Lease or he may enter said Premises as the agent of the Lessee, by force or otherwise, without being liable in any way therefore, and relet the Premises with or without any furniture that may be therein, as the agent of the Lessee, at such price and upon such terms and or such duration of time as the Lessor may determ ine, and receive the Rent therefore, applyingthe same to the payment of the Rent due by these presents. If the full Rent herein provided shall not be realized by Lessor over and above the expenses to Lessor in Page 13 such reletting, then said Lessee shall pay any deficiency, and if more than the full Rent is realized Lessor will pay over to said Lessee the excess of demand. 21. LESSEE'S PLEDGE OF FIXTURES AND MOBILES. The Lessee hereby pledges and assigns to the Lessor all the furniture, fixtures, goods and chattels of said Lessee, which shall or may be brought or put on said Premises as security for the payment of the Rent herein reserved, and the Lessee agrees that the said lien may be enforced by distress foreclosure or otherwise at the election of the said Lessor, and does hereby agree to pay attorney's fees of ten percent of the amount so collected or found to be due, together with all costs and charges therefore incurred or paid by the Lessor. 22. LESSOR'S RIGHT OF RE-ENTRY FOR PURPOSES OF INSPECTION, REPAIR OR OTHER REASON. The Lessor, or any of his agents, shall have the right to enter said Premises during all reasonable hours, or at any time during an emergency, to examine the same to make such repairs, additions or alterations as may be deemed necessary for the safety, comfort, or preservation thereof, or of said building, or to exhibit said Premises and to put or keep upon the doors or windows thereof a notice "FOR RENT" at any time within thirty (30) days before the expiration of this Lease. The right of entry shall likewise exist for the purpose of removing placards, signs, fixtures, alterations, or additions, which do not conform to this agreement, or to the rules and regulations of the building. 23. NO RIGHT TO HOLDOVER. Lessee has no right to retain possession of the Premises or any part thereof beyond the expiration ortermination of this Lease. In the event that Lessee holds over, then the Base Rent shall be increased to 150% of the Rent applicable immediately preced ing the expiration or termination. Holdover Rent shall be calculated on a monthly basis. Nothing contained herein shall be construed as consent by Lessor to any holding over by Lessee. 24. BANKRUPTCY OR INSOLVENCY OF LESSEE. If the Lessee shall become insolvent or if bankruptcy proceedings shall be begun by or against the Lessee, before the end of said term the Lessor is hereby irrevocably authorized at its option, to forthwith cancel this Lease, as for a default. Lessor may elect to accept Rent from such receiver, trustee, or other judicial officer during the term of their occupancy in their fiduciary capacity without effecting Lessor's rights as contained in this contract, but no receiver, trustee or other judicial office shall ever have any right, title or interest in or to the above described property by virtue of this contract. 25. CHARGES FOR WORK PERFORMED ON PREMISES. It is further understood and agreed between the parties hereto that any charges against the Lessee by the Lessor for services or for work done on the Premises by order of the Lessee or otherwise accruing under this contract shall be considered as Rent due and shall be included in any lien of Rent due and unpaid. 26. DRAINAGE SYSTEM. In the event that the Lessee's business activities result in any damage or impairment to the drainage system of the Leased Premises of the parking area immediately Page 14 adjacent thereto, then it shall be the responsibility of the Lessee to restore and repair such damage promptly and in a satisfactory manner 27. LESSEE'S OBLIGATIONS. a. GENERAL MAINTENANCE. Lessee shall be responsible for payment of the cost thereof to Lessor as Additional Rent for that portion of the cost of any maintenance and repair of the Premises, or any equipment (wherever located) that serves only Lessee or the Premises, to the extent such cost is attributable to abuse or misuse. In addition, Lessee rather than the Lessor shall be responsible forthe cost of painting, repairing or replacing wall coverings, and to repair or replace any similar improvements within the Premises. Lessor may, at its option, upon reasonable notice, elect to have Lessee perform any particular such maintenance or repairs the cost of which is otherwise Lessee's responsibility hereunder. b. AIR CONDITIONING, ELECTRICAL SYSTEMS AND PLUMBING. All air conditioning and electrical service wiring and plumbing will be delivered in good working order and maintained by the Lessee and returned to the Lessor in the same condition. Lessee is required to maintain an air conditioning service contract that changes filters when necessary and keeps the system in good working order. Maintenance and repair of the air conditioning system, electrical wiring and plumbing is the responsibility of the Lessee. c. EXTERIOR OF PREMISES. The Lessee shall keep the exterior of the Premises, including the parking located in front of the Premises, broom cleaned and free of trash, debris, rubbish or deliveries of merchandise, in which event the Lessee shall make provisions for the storage of such merchandise within a reasonable period of time. There shall be no outside storage except as provided herein. 28. EMINENT DOMAIN. In the event of the land or building on which the Premises are a part of are taken or acquired by a government or power whatsoever under the right of eminent domain, this Lease shall terminate as of the date possession is required to be given under such taking or acquisition, and the Lessor shall never be liable to the Lessee for damages or any other account whatsoever suffered by the Lessee by reason of such termination prior to the termination of this Lease by its terms. In no event shall the Lessee be entitled to any portion of the award. 29. SALE OF BUILDING. In case of a transfer title of the Building due to a sale, Lessor shall have the right, at its discretion to either (i) terminate this Lease after ninety (90) days written notice, or (ii) make Lessee attorn to the new owner and upon request, (a) enter into a new lease, containing all of the terms and provisions of this Lease, with such new owner for the remainder of the term hereof, or, at the election of the new owner, this Lease will automatically become a new lease between Lessee and such new owner, and (b) Lessor shall thereafter be relieved of Page 15 any further obligations hereunder and such new owner shall assume all of Lessor's obligations, exceptthat such new owner shall not: (1) be liable for any act or omission of any prior Lessor or with respect to events occurring prior to acquisition of ownership; (2) be subject to any offsets or defenses which Lessee might have against any prior Lessor, (3) be bound by prepayment of more than one month's rent, or (4) be liable for the return of any security deposit paid to any prior Lessor which was not paid or credited to such new owner. 30. SIGNAGE. It is hereby understood and agreed that any signs or advertising to be used, including awnings, in connection with the Premises Leased hereunder shall be first submitted to the Lessor for approval before installation of same, and shall be in compliance with all Applicable Requirements. 31. SUBORDINATION OF LEASE. This Lease is and shall be subject and subordinate in all respects to any and all mortgages and other encumbrances now or hereafter placed upon the land or building or both, of which the Premises are a part; and the provision hereof shall be self- operating. 32. COMPLIANCE WITH FEDERAL AND STATE LAWS AND REGULATIONS. The Lessee shall promptly execute and comply with all statutes, ordinances, rules, orders, regulations and requirements of the Federal, State and City Government and of any and all their departments and Bureaus applicable to said Premises, nuisances or other grievances, in, upon, or connected with said Premises during said term ("Applicable Requirements"); and shall also promptly comply with and execute all rules, orders and regulations of the Southeastern Underwriters Association for the prevention of fires, at their own cost and expense, including any occupational or other licenses required to transact business. 33. NON -WAIVER OF RIGHTS BY LESSOR. The rights of the Lessor under the foregoing shall be cumulative, and failure on the part of the Lessor to exercise promptly any rights given hereunder shall not operate to forfeit any of the said rights. 34. HAZARDOUS MATERIALS. a. The term "Hazardous Substance" as used in this Lease shall mean any product, substance, or waste whose presence, use, manufacture, disposal, transportation, or release, either by itself or in combination with other materials expected to be on the Premises, is either: (i) potentially injurious to the public health, safety or welfare, the environment or the Premises, (ii) regulated or monitored by any governmental authority, or (iii) a basis for potential liability of Lessor to any governmental agency or third party under any applicable statute or common law theory. Hazardous Substances shall include, but not be limited to, hydrocarbons, petroleum, gasoline, and/or crude oil or any products, byproducts or fractions thereof. Lessee shall not engage in any activity in or on the Premises which constitutes a Reportable Use of Hazardous Substances Page 16 without the express prior written consent of Lessor and timely compliance (at Lessee's expense) with all Applicable Requirements. "Reportable Use" shall mean (i) the installation or use of any above or below ground storage tank, (ii) the generation, possession, storage, use, transportation, or disposal of a Hazardous Substance that requires a permit from, or with respect to which a report, notice, registration or business plan is required to be filed with, any governmental authority, and/or (iii) the presence at the Premises of a Hazardous Substance with respect to which any Applicable Requirements requires that a notice be given to persons entering or occupying the Premises or neighboring properties. b. Notwithstanding the foregoing, Lessee may use any ordinary and customary materials reasonably required to be used in the normal course of the Use such as ordinary office supplies (copier toner, liquid paper, glue, etc.) and common household cleaning materials, so long as such use is in compliance with all Applicable Requirements, is not a Reportable Use, and does not expose the Premises or neighboring property to any meaningful risk of contamination or damage or expose Lessor to any liability therefor. In addition, Lessor may condition its consentto any Reportable Use upon receiving such additional assurances as Lessor reasonably deems necessaryto protect itself, the public, the Premises and/or the environment against damage, contamination, injury and/or liability, including, but not limited to, the installation (and removal on or before Lease expiration or termination) of protective modifications (such as concrete encasements) and/or increasing the Security Deposit. c. If Lessee knows, or has reasonable cause to believe, that a Hazardous Substance has come to be located in, on, under or about the Premises, other than as previously consented to by Lessor, Lessee shall immediately give written notice of such fact to Lessor, and provide Lessor with a copy of any report, notice, claim or other documentation which it has concerning the presence of such Hazardous Substance. d. Lessee shall not cause or permit any Hazardous Substance to be spilled or released in, on, under, or about the Premises (including through the plumbing or sanitary sewer system) and shall promptly, at Lessee's expense, comply with all Applicable Requirements and take all investigatory and/or remedial action reasonably recommended, whether or not formally ordered or required, for the cleanup of any contamination of, and for the maintenance, security and/or monitoring of the Premises or neighboring properties, that was caused or materially contributed to by Lessee, or pertaining to or involving any Hazardous Substance brought onto the Premises during the term of this Lease, by or for Lessee, or any third party. e. Lessee shall indemnify, defend and hold Lessor, its agents, employees, lenders and ground Lessor, if any, harmless from and against any and all loss of rents and/or damages, liabilities, judgments, claims, expenses, penalties, and attorneys' and Page 17 consultants' fees arising out of or involving any Hazardous Substance brought onto the Premises by or for Lessee, oranythird party (provided, however, that Lessee shall have no liability under this Lease with respect to underground migration of any Hazardous Substance under the Premises from areas outside of the Project not caused or contributed to by Lessee). Lessee's obligations shall include, but not be limited to, the effects of any contamination or injury to person, property or the environment created or suffered by Lessee, and the cost of investigation, removal, remediation, restoration and/or abatement, and shall survive the expiration or termination of this Lease. No termination, cancellation or release agreement entered into by Lessor and Lessee shall release Lessee from its obligations under this Lease with respect to Hazardous Substances, unless specifically so agreed by Lessor in writing at the time of such agreement. 35. RADON GAS. Pursuant to Florida law (enacted as of January 1, 1989) Lessor hereby makes the following disclosure to Lessee: RADON IS A NATURALLY OCCURRING RADIOACTIVE GAS THAT, WHEN IT HAS ACCUMULATED IN SUFFICIENT QUANTITIES, MAY PRESENT HEALTH RISKS TO PERSONS WHO ARE EXPOSED TO IT OVER TIME. LEVELS OF RADON THAT EXCEED FEDERAL AND STATE GUIDELINES HAVE BEEN FOUND IN BUILDINGS IN FLORIDA. ADDITIONAL INFORMATION REGARDING RADON AND RADON TESTING MAY BE OBTAINED FROM YOUR COUNTY PUBLIC HEALTH UNIT. 36. WAIVER OF RIGHT TO JURY TRIAL. Lessor and Lessee hereby knowingly, irrevocably, voluntarily and intentionally waive any right to a trial by jury in respect of any action, proceeding, defense or counterclaim based on this Lease agreement, or arising out of, under or in connection with this Lease agreement, or any course of conduct, course of dealing, statements (whether verbal or written) or actions of any party hereto. 37. NOTICE. It is understood and agreed between the parties hereto that written notice mailed or delivered to the Premises hereunder shall constitute sufficient notice to the Lessee and written notice mailed or delivered to the office of the Lessor shall constitute sufficient notice to the Lessor, to comply with the terms of this contract. All notices required or permitted by this Lease or applicable law shall be in writing and may be delivered in person (by hand or by courier) or may be sent by regular, certified or registered mail or U.S. Postal Service Express Mail, with postage prepaid, or by facsimile transmission, or by email, and shall be deemed sufficiently given if served in a manner specified in this Paragraph. The addresses noted adjacent to a party's signature on this Lease shall be that party's address for delivery or mailing of notices. Either Lessor or Lessee may by written notice to the other specify a different address for notice, except that upon Lessee's taking possession of the Premises, the Premises shall constitute Lessee's address for notice. A copy of all notices to Lessor shall be concurrently transmitted to such party or parties at such addresses as Lessor may from time to time hereafter designate in writing. Notices delivered by United States Express Mail or overnight courier that guarantees next day delivery shall be deemed given 24 hours after delivery of the same to the Postal Service Page 18 or courier. Notices delivered by hand or transmitted by facsimile transmission or by email shall be deemed delivered upon actual receipt. If notice is received on a Saturday, Sunday or legal holiday, it shall be deemed received on the next business day. 38. ATTORNEYS FEES AND COSTS. Lessee agrees to pay the cost of collection and ten percent attorney's fee on any part of said Rent that may be collected by suit or by attorney, after the same is past due. 39. RECORDING & GOVERNING LAW. Neither this Lease nor any memorandum thereof shall be recorded by anyone other than Lessor upon the public records of the county in which the Premises are located. If the same shall be recorded, recording of the same by Lessee shall constitute a breach of the Lessee's obligations hereunder and entitle Lessor, at the election of Lessor, to the remedies herein provided. In the event of default by Lessee, Lessee hereby irrevocably constitutes Lessor as Lessee's attorney in fact to cancel of record any recordation of this Lease. Any disputes arising between the parties to this Lease or arising out of the terms of this Lease shall be governed by the laws of the State of Florida. 40. BROKERS. The Lessor, his heirs or assigns, hereby agree to Stone -Miller Miami LLC, the Real Estate Broker(s), a Real Estate Brokerage fee for procuring the Lessee for the Building and Premises, pursuantto separate agreement between Lessor and the Real Estate Broker(s). Both Lessee and Lessor acknowledge and warrant to the other that they have not dealt with any other real estate broker(s) other than as mentioned above regarding this transaction. Furthermore, each party hereby agrees to indemnify the other against any and all claims which may arise as result of any misrepresentation whether intentional or erroneous. Lessee hereby acknowledges that it has received all necessary advance statutory disclosures pertaining to duties, representation and/or brokerage compensation. 41. BINDING EFFECT. This contract shall bind the Lessor and its assigns or successors, and the heirs, assigns, administrators, legal representatives, executors or successors as the case may be, of the Lessee. 42. TIME. It is understood and agreed between the parties hereto thattime is of the essence of this contract and this applies to all terms and conditions contained herein. (THE REMAINDER OF THIS PAGE HAS BEEN LEFT INTENTIONALLY BLANK.) Page 19 CITY OF MIAMI LOCAL OFFICE CERTIFICATION (City Code, Chapter 18, Article 111, Section 18-73) Solicitation Type and Number: 1 17 S 13 p (i.e. IFQ/IFB/RFP/RFQ/RFLI No. 123456) c Solicitation Title: . C� 1 %- f )JAJ %. /2g217 ,Alfc Afud JG i 44 /k4bAllfc (..y(Bidder/Proposer) hereby certifies compliance with the Local Office requirements stated under Chapter 18/Article 11I, 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 Revised 8/01/2022 STATE OF FL RIDA COUNTY OF C Certified to and subscribed before me this C( o j C 7ovCz. Alk Notary Public State of Florid ��.�,, Margiolys Plasencia a 'lljl.:.•, My Commission HH 351706 Expires 1/22 3 day of 44)-(..\\1 20 , by (Signature of Notary Public -State of Florida) (Name of Notary Type, Printed, or Stamped) Personally Known OR Produced Identification Type of Identification Produced 1'� LAD l� 3 FORM -City of Miami Local Office Certification Revised 8/01/2022 PLEASE PROVIDE THE FOLLOWING INFORMATION: �--+ Bidder/Proposer Local Office Address: 2 4) 2 '� `1` 2,4 ` ,z Ctj2 Does Bidder/Proposer conduct verifiable, full- time, on -site employment at the local office for a minimum of forty (40) hours per calendar week? F7ES I I NO Is Bidder/Proposer's Local Office tenancy pursuant to a lease? If yes, please enclose a copy of the lease. Bidder/Proposer please enclose a copy of the Business Tax Receipt (BTR) issued by both the City of Miami and Miami -Dade County. 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? VYES I I NOE1 N/A City of Miami: 21--CES Cite Exemption: NO Li Exempt Miami -Dade County. g YES n NOExempt Cite Exemption: 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) 2 6/-0 Date FORM -City of Miami local Office Certification Revised 8/01/2022 City of Miami Sahcitatior IFB 1781380 Boat Solicitation Number Solicitation Tale Solicitation IFB 1781 aintenance, Repairs, Parts, and Relat Solicitation Start DateF Solicitation End Date Question & Answer End Date Solicitation Contact Contract Duration Contract Renewal IFS 1781386 Boat Maintenance, Repa Mar 22, 2024 9: i4:34 AM EDT Apr 15, 2024 3:00:00 PM EDT Apr 4, 2024 5:00:00 PM EDT Teresa Soto 305-416-1919 tsoto@rniamigov.com See Specifications See Specifications arine Service, Citywide Parts, and Related Marine Se Prices Good far See Specifications Pre -Solicitation Conference Maur 27, 202410:00:00 AM EDT Attendance is optional Location: See Section 2.2 PRE -BID CONFERENCE Solicitation Comments THE PURPOSE OF THIS SOUCITA11ON IS TO ESTABLISH A CONTRACT FOR BOAT MAINTENANCE, REPAIRS, FARTS, AND RELATED MARINE SERVICES, CITYWIDE, AS SPECIFIED HEREIN, FROM A SOURCE(S), FULLY COMPUANT WITH THE TERMS, CONDITIONS, AND STIPULATIONS OF THE SOLICITATION, BID BOND AND PERFORMANCE BOND ARE NOT REQUIRED FOR THIS IFB. REFER 10 ATTACHEMENTB-13ID PRICE SHEET IN THE DOCUMENTS SECTION OF B YNC FOR THE LINE ITEMS OF THIS IFB. FAILURE TO COMPLETE. SIGN, AND UPLOAD THE CERTIF ATION STAB 1TAND CERTI SECTION WILL RENDER YOUR BID NON -RESPONSIVE.. ALL UPLOADS SHALL BE IN THE PDF FILE FORMAT NO BY THE Cl1 Y. 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. E FORMATS BE ACCEPTED FOR BIDSYNC TECHNICAL DIFFICULTIES, AND/OR ISSUES, PLEASE CONTACT THE VENDOR SUPPORT TOLL -FREE NUMBER AT 800-990-9339, OR GO TO SUPPORTSIDSYNC.COM, OR EMAIL BIDSYNC AT SUPPORT6SIDSYNC,COM. Form IFB 17813t36.01-tit - BIDDERS ARE NOT REQUIRED TO ENTEit A UNIT PRICE ON THIS UNE ITEM. 3122d2024 7:14 AM p. 3 City of Miami Solicitation IFB i781386 Quantity 1 each Unit Price Delivery Location City of Warne 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 DOCUMENTS SECTION OF BIDSYNC. 3/22/2024 7: 4 AM P- 4 City of Miarni Solicitation IFB 17813 City of Miami Invitation for Bid (IFB) Procurement Department Miami Riverside Center 444 SW 2" Avenue, 6P floor Mien1i, Florida 33130 Web Site Mdress IFB Number: Title: 1781386 Boat Maintenance, Repairs, Parts, and Related Marine Service, Citywide Issue Date/Time: 22-MAR-2024 i.. 9;00 A.M. IFB Closing Date e: 15-APR-2024 (it 3:00 P.M. Pre-Bid/Pre-Proposal Conference: Voluntary Pre-Bid/Pre-Proposal Date/Time: 27-MAR-2024 @ 10:00 A.M. Pre-Bid/Pm-Proposal Location: Virtual via Microsoft TEAMS Deadline for Request for Clarification: 04-APR-2024 5:00 P.M. Contracting Officer: Soto, Teresa Contracting Officer E-Mail Address: TSotol# miamigov.com Contracting Officer Facsimile: (305)400-5024 3122, 4 7;14 AM p. 5 Cay of Miami Sohcitation tFB Certification Statement Please quote on this forim 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 <.'ity 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. DESTLNATION, the items or services specified hereM. 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 understandingagreementor 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 al 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: BIDDER NAME: C t & fl14AJ6 J N C ADDRESS:2 510 NIA) 21 +err- P1 pi F' L 33 PP -- PHONE: 7S-G 3Yq q03 FAX: EMAIL: cf-r c4. YiNen tIA CELL(Optionan: SIGNED BY: c2jr 6-kr ce i. DAIE: oti oz 202H THIE: Pre FAILURE TO COMPLETE. SIGN. AND RETURN TIIIS ,FORM SHALL IMSOUALJFYis RESPONSE. 3f2212024 T. 4 AM P- 6 YAMAHA Yamaha Motor Corp., USA 1270 Chastain Rd.. GA 30144 From the desk of: Todd Romig District Marketing Manager Marine Group Company Phone: 772 485 9184 April 2, 2024 To Whom It May Concern: CRG Marine Inc., dba STRICTLY YAMAHA is an authorized Yamaha Marine dealer sales, warranty, and repair dealership. Strictly Yamaha 2380 NW 21st Terrace Miami, FL 33142 786 344 9035 305 603 9188 Strictivyamaha(Coatt.net www.syamaha.com Regards, Todd Romig Marine_Admin: Comp e ions Report (ILT) Created by Mony Colemen_Admin. Generated on 2024-04-02 3 44 PM EST by Cara Hicks No chart configured Filters The AND operator ha been applied to all the filters. * Person Organization Number Equal To 018900 • Completed Courses (Transcript) Date Marked Complete Range Between - And - • Course course ID Equal To 2 3-10-27 V-Engtrie Systems --- - - — - S uccessful - ----- 97 gonzalez julian 145896 - TS RIC Y Y 1 ng d 2023-10.-27 V-Engl" Systems Suocessfut 97 Hernandez Angel 92307 y0AmAH_A18900 SIIIICTLY Outboard teaming Outboard Dealers 2023-10-27 rAgmln: Successful 93 puentes alexander 122374 0f18900 STRICTLY Outboard rearm d 2023-10-27 V-Engine Systems Successful , 98 Martinez Zachary 108317 ASTRICTY 018900,_Loar yAmAH Outboard Learning Outboard Dealers 2023-10-26 Drive Train Successful 95 Garced Car 19918 018900 STRICTLY YAM-f-A Outboard Learning Outboardlos De:Wers . 2022-12-09 Rigging Successful 98 Martinez Zachary 108317 018 900 STRICTLY yAmAk.R Outboard , Learning Outboard Diaalors 2022-12.-09 Rigging Successful 92 Gamed Car 19918 0utboe 18900 TRICTLY - YAMAHA Outboard Learning Oirdlos Dealers 2022-12-09 Rigging Suocessful 98 Angel 92307 018900 STRICTLY yAmAR-A OutboardOutboard LearnIng Outb Dealeis Hernandez 20 2-12-09 Rigging Successful 98 puentes alexander 122374 t169004ASITIICTLY ? Oen.,ticilanrd lL g Outboard Dealers 2022-12-09 Rigging Successful 100 Litset C-ad 106654 018900 STRICTLY YAMN-CA Outboard Learning u Outboard Dealers 2021-12-17 Electrical Systems Successful 97 lifsef C.ados 106854 018900 STRICTLY YAMAHA Outboard Learning Outboard Dealers 2021-12-17 Electrical Systems Successful 93 Hernandez Angel 92307 y048MSTRICTLY Outboard' Looming Outboard . Dealeis 2021-12-17 YDIS (Yamaha Diagnostic System) Successful 97 puentes — a 122374 018900 T ICILY y Outboard teaming Outboardlexander Dealers --17 202112 AdVanCed Offshore Sumessful Gamed 19918 01 STRICTLY y Outboard Learning Outboard Dealers 2021-12-17 Electrical Systems S Successful 95 Martinez Zachary 108317 018900 STRICTLY -A yAmAti Outboard Learning Outboard Dealers 2020-12-18 IgirsremErs4ne Successful 98 Utset 1 018900 STRICTLY YAMAHA Outboard Learn tng C31.4board Dealers 2020- 2-18 in/The Engfne Systems Successful 90 - Za 108317 018 S CTLY YAMAHA Outboard Learning Outboard Dealers 202 2-18 1elln Master Systems EX S 98 Garced 19918 018900 STRICTLY YAMAHA Outboard Learninc Outboard Dealers 2019-12-13 Systems Successful Gamed Carlos 19918 018900. STRICTLY YAMAHA Outboard. Learning_ Outboard Dealers 2018-08-24 XTO Offshore Garced Carlos 19818 018900 STRICTLY Outboard Learning Outboard Dealers Successful08 2017-12-06 Helm Master Systems Successful Garced Carlos 19918 018906 STRICTLY YAMAHA Outboard Learning Outboard Dealers Master Tech Re- Cortifration ces2017-12-05 Suc sful Ga,Ced Carlos 19918 018900 STRICTLY - YAMAHA Outboard Looming Outboard Dealers 2016-12-16 YDIS (Yamaha Dtagnostic Sy_stem) , Successful 95 Gamed Carlos 19918 018900_STRI Y YAticlAHA Outboard Learning Outboard Dealers 2024 Saba Software, Inc. AQ rlghts reserved. 1 of 2 Marine Admin: Comptetions Report (1LT) 2015-1244 er TechSuesshi Certification Test Garced Carlos 19918 1 Y Y Outboard Learning 0 Dealers 2015-12-03 Advanced Troubbnhaoti n9 Successful 93 Garced Carlos 19918 018 STRICTLY YAMAI-R Outboard Learning Outboard Dealers 2014-12-15 Drive Train Successful 98 Garced Carlos 19918 018900 STRICTLY YAMAHA Outboard Learning ard Outbo Dealers 2013-12-19 Advanced Troubleshooting Successfu 89 Gamed Carlos 19918 018STR1CTLY yAmARA Outboard Learning Outboard Dealers 2013-01-11 Heim Master Systems Successful96 Carlos 19918 0 0 TRICTLY Outboard Learning Outboard Dealers 2013-01-09 Advanced InstaHations Successful 92 Gamed Carlos 19918 018900STRICTLY YAMAHA Outboard Learnmg Outboard Dealers 2011-10-28 E,tectrical Successful 91 Garcecl carios 189/8 018900_STRICTLY YAMAHA. Outboard Learning Outboard Dealers ysti,,, us 201 -08 218/11 Internet Marketing for Marine Dealers Webinar 0 2:00 PM Eastern Time Successful Gamed Carlos 19918 018900 STRICTLY YAMAfilk Outboard Learning Outboard Dealers 2010-11-08 iFZILYVerna successful 94 Garced Carlos 19918 018900 STRICTLY YAMAHA Outboard Lear 1 iir rg Outboard Dealers 2010-03-17 Marine Technical tta.320seZinar End 5:00 PM Successful Garced Ca 19918 018TRICTLY y Outboard Learning Outboardlos Dealers 2009-03-09 4 Strnke SYsterns Moctule 3 Successful 92 Garced Carlos 19918 O1890(LSTRIC11Y Outboard Lea rri rag Outboard Dealers Marine Technical 2008-12-10 Update Serrimar Start 9-00 AM End 5:00 PM Successful Garced Carlos 19918 01890Q8TR1C11Y YAMAHA Outboard Learning Outboard Dealers Outboard 2007-12-07 Systems Module 1 Successful 90 Garced Carlos 19918 Ole CTLY yAmAH—A Outboard Learning Outboard Dealers Outboard 2007-12-03 Systems ModuleboardOutboard 1 Successful 90 Garced Carlos 19918 018900 STRICTLY YAMAHA Out LO8Mififj Outbo Dealers Created by. Mony Colernan_Admia. Generated on 2024-04-02 3.44 PM EST by Cara Fircks_A 0 2024 Saba Software, Inc. Ail rightsrghts reserved. 2 of 2 Marine Admin: Completions Report (1LT) Created by- Mony Goleman_Admin. Generated on 2024-04-02 3.44 PM EST by Gara Hic-ks Admin. No chart configured Filters The AND operator has been applied to all the filters. • Person Organization Number Ego./ To 018900 • Completed Courses (Transcript) Date Marked Complete Menge Between - And - • Course Course ID Equal To 2023-10-27 _ . . V-En rne 9 Systems Successful .97 gonzalez Julian 4 00_ST Y 10 Y Learning 0 d Dealers 2023-10-27 V-En9"e Systems Successful 97 Hernandez Angel 92307 y0m18900tAH_ASTRICTLY , Outboard Learnino Outboard Dealers 2023-10-27 sV-Ante9rnill: Successful 98 puentes alexander 12237.4 y0lith189004wASTRICTLY Outboard Learning Outboard Dealers 2023-10-27 Vsy-Est.13119rnin: Successful 98 Martinez Zachary 108317 018900_STRICTLY Outboard Learning Outboar Realms dyAmAHA 2023-10-26 Drive Train Successful , 95 Gamed Carlos 19 018900 STRICTLY yAk - Outboard Learning Outboard Dealers 2022-12-09 Rigging Successful 98 Martinez Z 108317 018900 I TLY Y Outboard Learning_ Outboard Dealers 2022-12-09 Rigging Successful 92 Gamed Ca os 8 018900 STRICTLY YAMAI-irk 0 ng Outboard Dealers 2022-12-09 Rigging Successful 98 Hernandez Angel F., -, 921yAmARA 018900 STRICTLY Outboard Learning Outboard Deajeis 2022-12-09 Rigging Successful 98 puentes a 122374 018900 STRICTLY yAmMA Outboard Learnin • Outboard Dealers 2022-12-09 2022-12-09 Rigging Successful 100 Utet Carlos 10665A 018900 STRICTLY YAMAI4A Outboard Learning Outboards Dealers 2021- 2 17 Electrical Systems Successful 97 Utset Dames .106654 018900_STRICTLY YAMAHA Outboard Learning Outboard Dealers 2021-12-17 E/ectrical Svs toms Successful 93 Hernandez Angel 92307 y01‘18900mAfrASTRICTLY Outboard Leami • Outboard Dealers 2021-12-17 YDIS (Yamaha Diagnostic Sysctern) Successful 97 puentes alexander 12'2374 01890C yAkijAHSTRICTLY Outboard Learning O utboardA Dealers 2021-12-17 AdVanced Offstrons SUCCOSSU 99 Garced Carlos 19918 018900 STRICTLY yAmARA, Outboard Loamno Outboard Dealets 2021-12-17 Electrical Systems Successful Martinez Zachary 1 018900 STRICTLY YAMAFk Outboard Learning Outboard Dealers 2020-12-18 inane Engine Systems Successful 98 Utset Dales 108654 018900_TRlCTLY YAMAHA Outboard Learning Outboard Dealers 2020-12-18 irdine Eng'ne Systems Successful 90 . Zachary 108317 01STRICTLY y Outboard Learning Outboard Deakin 2°2°-12-1 a SystemsMaMaster Successful 98 Gamed Carlos 19918 018900 8 LY YAMAI-IA. Outboard Learning Outboard Dealers 2019-12-13Successful VEngine Systems 96 Darcecj Dade, 1991a y0AmAH18900_ASTRICTLY Outboard Learning Outboard Dealers 2018-08-24 XTO Offshore Successful 98 Garced CAr 19918 018900 STRICTLY yAmApak Outboard Learning Outboard Dealers 2017-12-06 Hem HemMaster Systems Successful ' Gamed Carlos 19918 018900STRICTLY YAMAHA Outboard Learning Outboard Dealers 2017-12-05 Mestere= Re" Successful 94 Gamed Carlos 19918 (,)4.9°°—STRICTLY AHA Puttealding 0Cutbealtleaters 2016-12-16 1YDIS amaha Diagn(Yostic System, Successful 95 Gamed cart°, 19918 018900_STRICTLY YAMAHA Outboard Learning Outboard Dealers 2024 Saba , Inc. All rights reserved. 1 of 2 Marine Adrnin: Comple ions Report ILT) 201�12 Q4 Mlaster Tecl1 Certificaticsz� Test 'Succassttif Garesd Carlos 19918 010900_STR CTLY YAtuSAF1R atbc rri Les€€1iex3 Outboard E3eaEers 2015-12.03 Advanced Troubleshoot:1,, Successful 93 Garced Carlos 19918 0189€Iti STRICTLY YAMAl-R Outboard Learning Healers 4- 12-15 Drive Train Successful 98 Garced Cants 19918 018900 STRICTLY YAWM4A Outboard Learning Outboard Heelers 2t343 12-19 Al Troublesvan€dhtmf[na Successful 89 Gar € ui Carlti5 19918 018900 STRICTLY YAMAHA Outboard Looming_ Outboard Heaters 2013 01 t 1 Mast Systems Garced Cerlrrs 19918 018900 STRICTLY YAMAELA Outboard Learning OU#t�o d fieslers Successful 2013 01 09 an Instalfafrons Sou ressfu[ 92 Gerced Carlos 1991fl 018900 STRICTLY YAMAHA Outboard Learning Ciutbo t! fllealers 201 t 10-28 Electrical Systems Successful 91 Garced Carus 19918 01890C,_STRICTLY YAMAFIA Outboard Learning Outboard Dealers 2011-02-08 218f11 Internet Marketing for Marine Healers Webinar @ 2:00 PM Eastern Time Garced Carlos 19918 018900 STRICTLY YAMAI-iL Outboard Learning Odd ileaiers Successful 241011-08 Fuel Systems module 2: Successful 94 Gerced Carlos 19918 018900_STRICTLY YAh1AHA Outboard Learning .Outboard E}aaters 2010tJ3 Y7 Marine Test ticai t7 Serrnar 5 End 5:00 PM Successful Gamed' Carlos 19918 0189€10 STRICTLY YAItRI Outboard Learning Outboard €?ealers 2f10iz9 fl3 0 4 Stroke Systems Module 3 Successful 92 t ar€ed Carlos 19918 018900 STRICTLY YAMAHA Orribaard Learning C tba l Crsal s 2008-12-10 Marine Technical Update Seminar Start 9:00 Am End 5:00 PM Successful Successful Gareed Carlos 19918 018900 STRICTLY Outboard Leatniriq Outboard Heelers 2007-12-07 Systems mule Successful 90 Garced Carlos 19918 0189Q0 STRICTLY YA 3 Outboard Learning flutboerd. Dealers 2007-12-03 Outboard Systems Module 1 Successful 90 Garced Callas 19918 018900STRICTLY YAM.. Outboard teaming Outboard Dealers Created by ktony Coieman_Admin Generated on 2024-04.-02 3:44 PM EST by Cara Hicks Admin.. 2024 Saba Soiiytrare, Inc. All rights reserved. 2 cif 2 City of Miami Solicitaton 1FB 1781386 Solicitation. IFB 1781386 Boat Maintenance, Repairs, Parts, and Related Marine Service, Citywide Solicitation Designation: Public 47:14AM PI 1 City of Miami Sohcitation IFB 1781386 City of Miami 3/22/2024 7.14 AM p. 2 city of Miami Certifications Legal Name of Firm: C-kG Entity Type: Partnership, Sole P prietorship. Corporation, etc. CORp Solicitation IFB fear Established: Office Location: City of Miami. Miami -Dade County. or Other C14-1 or Federal Employee Identification Number ("FE -Lf6 7 7 2--"7 Business Tax Receipt/Occupational License Number: Business Tax Receipt/Occupational License Issuing Agency: C i:k1 0 4- vik A Business Tax Receipt/Occupational License Expiration Date: oct - go - 2 02_,/ Will Subcontractor(s) be used? (Yes If subcontractor( s) will be utilized, provide their naitie, address and the portion of the work they will he 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. 1/1/24). If no addendumaddenda was/were issued. please insert N/A. liBidder has a Local Office. as defined under Chapter IS/Article 111, 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? 3/22/2024 7:14AM P- City of Miami Sohcitaton FB 1781386 Does Bidder have any pending lawsuits with or against the C.City of Mianm any of its agencies and/or instrumentalities? (Yes or No) If Yes, please list. J-o Does l3idder have any record of criminal activities? (Yes or No) If Yes, please list. 0 Has Bidder declared bankruptcy within the past seven (7) yearsyears? (Yes or No) If Yes, when? Does Bidder have any prior or pending litigation, either civil or criminal, involving a governxnental 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. Reference No, 1: Name of Company Agency for which Bidder is currently providing the services/goods as described in this Solicitationof has provided such servicesf goods in the past: C4i oF riN I A- rY1 Reference No, 1; Address, City, State, and Zip for above referenced company/agency listed: A- (44- ti r 0.5NAJ 33 13 0 Reference No. 1: Name of Contact Person, Telephone Number, and Email for abov Reference No. 1: 6 9 is-op/4i Po I , ort OEL---FA-mER_oi•-i -3 o q -7 0 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 servicestoods in the past: (1110c/v1, Reference No. 2: Address, City. State, and Zip for above referenced comp nyagency listed: g I 0 PLAgl 17 5 tvi Pren L 331G, 9300 jj Lf 80 A I F-1 3?oe Reference No. 2: Name of Contact Person, Telephone Number. and E No. 2: ii for above Reference Reference No, 2: Date of Contract or Sale for above Reference No. 2: 3/22/2024 7:14 AM P- 8 City of Morn! Solicitation IFB 1781386 Referenci. No, 3: Name of ('ompany'Agency for which Bidder is currently providing the services/goods as described in this Solicitation, or bas provided such servicesloods in the past: ic I /Ce/t/ 60-c_ /e6 ineohaiA)14 Reference No. 3: Address, City. State. and Zip for above referenced companyage y listed: -3;Dj 2.t ce./1 4 ere,k,tr Reference No. No. 3: 3: Name of Contact Person, Telephone number. and Email for above Referenced TA- m A-RiAJA,COvvk Reference No. 3: Date of Contract or Sale for above Referenced No. 3: Acknowledge that References were provided for each group for which responses were subrnitred: YES OR NO. ledge that Certifications for Factory Certified Technicians were submitted (If Applicable): R NO. 4)ef y iftiPrd4- k4> 3/2212024 7.14 AM p. 9 Sottutation IFB 1781388 Invitation for Bid °FBI 1781386 Table of Contents Terms and Conditions L General Conditions 1.1. 1. General Terms and Conditions for Invitation for Bids (IFB) 2. Special Conditions 2.1. PURPOSE 2.2. PRE-BIDTRE-PROPOSAL CONFERENCE 2.3. DEADLINE FOR RECEIPT OF REQUEST FOR ADDITIONAL INFORMATIONCLARIFICATION 2.4. TERM OF CONTRACT 2.5. METHOD OF AWARD 2.6. CONDITIONS FOR RENEWAL 2.7. BIDDERS MINI1vIUM QUALIFICATIONS 2.8. SUBCONTRACTORS SHALL BE IDENTIFIED 2.9. REFERENCES 2.10. ENSURANCE REQUIREMENTS 2.11. LOCAL. OFFICE PREFERENCE 2.12. CURES 2.13. SUBMISSION AND RECEIPT OF BIDS 2.14. CITY OF MIAMI LIVING WAGE ORDNANCE 2.15. IIE BIDS 2.16. APPROVED EQUAL PRODUCT 2.17. QUALITY AND MANUFACTURE 2.18. PACKING SLIP. DELIVERY TICKET TO AC( S D DELIVERY 2.19. NON -APPROPRIATION OF FUNDS 2.20. PROJECT MANAGER 2.21. WARRANTY 2.22. USE OF PREMISES 2.23. DAMAGES TO PITBLICTRTVA 1 h PROPERTY 2.24. RESPONSE TLME 2.25. DELIVERY 2.26. SAFETY MEASURES 2.27. PUBLIC' SAFETY 2.28. METHOD OF PAYMENT 2.29. PARTS AT PASS THROUGH COST 2.30. SPECIFICATION EXCEPTIONS 2.31. ADDIIIONfDELETION OF FACILITIESIPRODUCTS/ITEMS'SERVICES/SUPPLIERS 2 32. FAILURE TO PERFORM 2.33. LIQUIDATED DAMAGES 2.34. PUBLIC ENTITY CRIMES 2.35. E-VERIFY EMPLOYMENT VERIFICATION 2.36. PRIMARY CLIENT (FIRST PRIORITY) 2.37. TERMINATION 2.38. ADDITIONAL TERMS AND CONDITIONS 3/22,12 24 7:14 AM n. 10 City of Miam Soliatation IFB 178.1386 3. Specifications 3.1. SPECIFICATIONS/SCOPE OF WORK AP)-Eivce- A -Ain Repthrs Invitation for Bid UFB) 1781386 ON oPr-TS IN/0 (Y\ SrL)1CJ 3/22/2024 7:14 AM p. 11 City of Miarrn Soicitaton IFS 1781386 Invitation for Bid (IFB) 1781386 IMPORTANT .NOTICE TO BIDDERS BID BOND AND PERFORMANCE BOND IS NOT REQLTIRED FOR THIS IFB. REFER TO ATTACILMENT B - BID PRICE SHEET IN THE DOCUMENT SECTION OF BIDSYNC, FOR THE LINE ITEMS OF THIS IFB. FAILURE TO COMPLETE, SIGN, AND UPLOAD TIE CERTIFICATION STATEMENT AND CERTIFICA [ION SECTION WILL RENDER YOLTR BID NON- RESPONSIVE. ALL UPLOADS SHALL BE TN THE PDF FILE FORMAT. NO OTHER FILE FORMATS 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 MUL IIPLE FILES, FOR 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 EMAII BIDSYNC AT SUPPORTeBIDSYNC.COM. 3/22i2024 7:14 AM R. 12 l7w.,, References for IFB_ Group 4 Boat Hull Repair: Fiberglass/Aluminum Reference No. 1: Name of Company/Agency for which bidder is currently providing the services/goods a escribed in this solicitation, or has provided such services/goods in tast:// p ', rG cin /i/ ,„✓�-- Reference No. 1: Address, City, State, and Zip for above reference company/agency 330( / ted: rG Q A-0/4r- (101-uj-C (4.44A7, , ory.11 Reference No. 1: Name of Contact Person Telephone Number and email for above reference no. 1 Reference No. 1: Date of Contra or ale for above reference no. 1 3/, 2c 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 ie past: fs7-Ec `), ( 02i' o. 2: Address City, State and for Zip above reference company/agency listed: 3(d3 NW o SF /'1IAMI ,q 33(Y2_ Reference No. 2: Name of Contact Person Telephone Number and email for above reference no. 2 Li L f 614 SS1 c h i /46rrm,/, eAi2r 3 a s" zo 03 c, Reference No. 2: Date of Contract or S -:le for ?bove reference no. 2 ef3 zg 2.oa3 Reference No. 3: Name of Company/Agency for which bidder is currently providing the services/goods as describe in this solicitation, or has provided such services/goods in the past: d 4 64- f - ,i "ix) !i,49 c7/i/✓✓p J Reference No. 3: Address,Ci State,and Zipfor above reference City, company/agency listed: /D -?l e Reference No. 3: Name of Contact Person Telephone Number and email for above reference no. 3 (r4'"-' 3asy/i0,93 Reference No. 3: Date of Contract Sal for above reference no. 3 d/�` ZZ; 202j References for IFBOMNIIIP Line 1.2 Yamaha Engines 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/gods in the past: ./Cene6A-C k&tt- "9-2i4/4 Reference No. 1: Address, City, State, and Zip for above reference company/agency Wed: 33 01 /Lit C/CFN44c, -12 69-056-&,, y /yli4mi c 33'Vf Reference No. 1: Name of Contact Person Telephone Number and email for above reference no. 1 7RrMprrvN/t•. Corn ,7;)y 299-3,C27 Reference No. 1: Date of Contract or S ,(e for/above reference no. 1 ( ,/zoz.3 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: / S ) /L1 S 7ZF �l 6,ee i,e4-7(% ,,t/ Reference No. 2: Address, City, State, and Zip for above reference company/agency listed: 3 / 03 h/ w 70 St /1 ri-f1t FL 33 (tf Z Reference No. 2: Name of Contact Person Telephone Number and email for above reference no. 2 LII yGl4ssTecA¢ e-iv2i VC 3 O S2l 3 C b 3‘ (!O'ffnAI I• Cool Reference No. 2: Date of Contract or ale f+ r above reference no. 2 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: fef veE A 0 -r Reference No. 3: Address, City, State, and Zip for above reference company/agency listed: III02 MA) 500-41 ,2t a.e - J1 e0 it./ 0 331.7 Reference No. 3: Name of Contact Person Telephone Number and email for above reference no. 3 0 S 755a01 // nv/co e ciee h°4 Reference No. 3: Date of Contract or Sale for above re/erence no. 3 0 ,26�/7 References for IFB05:'`'j Line 2.1 Yamaha En • ine: 100 Hour Service Reference No. 1: Name of Company/Agency for which bidder is currently providing the services/goods as describ d in this solicitation, or has provided such services/goods in the past: /J r (,t/3 4}-C�� a--/ Y itir ,v4- Reference No. 1: Address, City, State, and Zip for above reference company/agency, ted: j` ,,�1 J? 0 / l C � ��C � �2 (A-u,�P w 4. d (4, i ( (--( 3 ? 11/5 Reference No. 1: Name of Contact Person Telephone Number and email for above reference no. 1 .j-44 4A-/L�,v/� CO M �-�y ��L z� 5 -3�z� . Reference No. 1: Date of Contract or Sal 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: eft-5f- Ch (oit) OiM((GYv Reference No. 2: Address, City, State, and Zip for above reference company/agency listed: T ? 311� Z 3?03 ft!w 20 .5* , 1 - ( ' L Reference No. 2: Name of Contact Person Telephone Number and email for above reference no. 2 L(L �7R T6r 4 • N49 v6 30.Zf3Ud? G Y fft Awn1.cofv, Reference No. 2: Date of Contract or Sale f r abov refer nce no. 2 03�ZS 20z,i AIMS 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: /J 6 A f3 ((A r'11 /. (C�" , &/'- Reference No. 3: Address, City, State, and Zip for above reference company/agency listed: /00/ /174C A(- f A (1/11/1-etti(3'l u 2_ go0 A! w 2 Al; �I 33 /2ef- Reference No. 3: Name of Contact Person Telephone Number an d email for above reference n . 3 �l r � ,nerb,/-; /, C�� 7-. OA:C. '7/1 / N 3 6.5` q'7 O SS/S5 yY $035- b9(19Mf i1'-/Ja/IIC, a2f Reference No. 3: Date of Contract or Sale for abov refer ce no. 3 References for IFB UMW Line 3.6 Yamaha Parts 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 servic go9ds in the p st: c (64 4,1 /7/4//'(,v4- Reference No. 1: Address, City, State, and Zip for above reference company/acy listed: 3.?�t / G & 4t if '- (4•Wir/ frit'1' 33 /1, ` Reference No. 1: Name of Contact Person Telephone Number and email for above reference no. 1 yR ft+?r r(AJ , Com 7 54 Z- 36Z? Reference No. 1: Date of Contract o S e for bove reference no. 1 uZ.3 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: 1 rr'Tc 4 go/L1A Reference No. 2: Address, City, State, and Zip for above reference company/agency listed: 2/0 3 Nw Zcs 5+ rilf4i"133/YZ-- Reference No. 2: Name of Contact Person Telephone Number and / of naill ffabov reference no. 2 ,,".��rf�-t Et- 3 d 3 Zt 3 (�D,3.` /;1 �f44 i9-i l , co ✓, Reference No. 2: Date of Contract or Sale for a ve r ference no. 2 3 Zi-,2 cs ZJ 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 pasOle(. fejf Reference No. 3: Address, City, State, and Zip for above reference company/agency listed: / / ��Ql� gt F d e-eC4v ��F leo ; ,/4-f /` 4 �t Reference No. 3: Name of Contact Person Telephone Number and email for above reference no. 3 ,1445-tr ne 9ffSI.COIv) Reference No. 3: Date of Contract or Sale for above refer ce no. 3 7 ;.5 Z ACORL?� CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDDIYYYY) 02/07/2024 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 If SUBROGATION IS WAIVED, this certificate does not confer PRODUCER Florida Bankers Insurance 961-963 SW 122 Ave Miami INSURED holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on ri;lhts to the certificate holder in lieu of such endorsement(s). CRG Marine, Inc DBA Strictly Yamaha, Inc 2380 NW 21 Terrace Miami COVERAGES FL 33184 FL 33142 CERTIFICATE NUMBER: CONTACT NAME: Jorge L. Gonzalez PHONE IAIG, No, E•rr (305) 225-1243 1 we Nor(305) 225-5053 : E-MAIL or eluis floridabankersinsurance ADDRESS: 1 g INSURER(S). AFFORDING COVERAGE NAIC # INSURER A: Kinsale Insurance Company INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : 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 r ADDL SUBR LTR TYPE OF INSURANCE r-. _. POLICY NUMBER POLICY EFF ' POLICY EXP IMMIDDIYYYYI IMMIDDIYYYYI LIMITS - _- X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 X OCCUR DAMAGE TCLAIMS-MADE PREMISES a a occu RENTED $ 100,000 MED EXP (Any one person) $ Excluded A Y N 0100217357-1 12/06/2023 12/06/2024 PERSONAL & ADV INJURY $ 1,000,000 _ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 X POLICY JJECT J LOC PRODUCTS -COMP/OP AGG $ 2,000,000 . OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT accident.) $ ANY AUTO .?Ea BODILY INJURY (Per person) $ OWNED AUTOS ONLY SCHEDULED AUTOS BODILY INJURY (Per accident) $ .. HIRED AUTOS ONLY NON -OWNED AUTOS ONLY PROPERTY DAMAGE (Per accident) $ 1 UMBRELLA LIAB OCCUR EACH OCCURRENCE _ _ $ EXCESS UAB CLAIMS -MADE AGGREGATE $ DED f RETENTIONS $ J WORKERS COMPENSATION AND EMPLOYERS' LIABILITY PER STATUTE f OTH- I ER ANY PROPRIETOR/PARTNER/EXECUTIVE Y I N ! E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? (Mandatory in NH) N I A E.L. DISEASE - EA EMPLOYEE $ If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ Contractor Pollution Liability OCC A N N 0100217357-1 12/06/2023 12/06/2024 $10,000 Deductible $1MM/$2MM DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Boat Repair and Servicing Ship Repairs Legal Liability --- 1MM/2MM Contractors Professional Liability -( $ 10K Ded, Retro 12/06/20222)--$1MM/2MM Certificate Holder is listed as additional insured on a primary and non contributory basis in the General Liability policy. Ship Repairer's Liability Coverage and contractor pollution Liability are included applies with written contract. CERTIFICATE HOLDER CANCELLATION City of Miami Attn: Cristine 444 SW 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 'ems © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD 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. 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. 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. 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. BID PRICE SHEET IFB 1781386, Boat Maintenance, Repairs, Parts, and Related Marine Services, Citywide Item Description Qty UOM Unit Price GROUP 1: Labor (All Parts at Pass Through Cos ) 1.1 Yamaha Engines: Maintenance and Repair 1 Hour /0p�' Service Call Charge (If Any) 1 Each 75 CV 'Warranty on Labor (Number of Days) 30 Day 'Warranty on Parts (Number of Days) 90 Day 1.2 and Repair Mercury Engines: Maintenancef�%/ 1 Hour I MIA A Service Call Charge (If Any) 1 Each 1((( q AV / 'Warranty on Labor (Number of Days) Day A it `/1 FV,! r l/C1- 'Warranty on Parts (Number of Days) Day 1.3 Marine Electronic Repairs (i.e., GPS, navigation, radar, antenna, speakers, etc.) 1 Hour Of) Service Call Charge (If Any) 1 Each ! J OC` I 'Warranty on Labor (Number of Days) 30 Day 'Warranty on Parts (Number of Days) 7 0 Day 1.4 Caterpillar Engines: Maintenance and Repair 1 Hour Air/4 Service Call Charge (If Any) 1 Each ✓vile `Warranty on Labor (Number of Days) Day V /I �iiil , 'Warranty on Parts (Number of Days) Day A tJ- p 7 /`i 3iiii_ n f/ f1b ! Y 1.5 Ultra Jet Drives: Maintenance and Repair 1 Hour Service Call Charge (If Any) 1 Each 'Warranty on Labor (Number of Days) Day 'Warranty on Parts (Number of Days) Day p 1.6 ZF Marine Transmission: Maintenance and Repair 1 Hour A , Service Call Charge (If Any) 1 Each IA j pr `Warranty on Labor (Number of Days) Day flV . *Warranty on Parts (Number of Days) Day s / 1.7 Kohler Generator: Maintenance and Repair 1 Hour , / ��. Service Call Charge (If Any) 1 Each r/ pc 'Warranty on Labor (Number of Days) Day !V lt" 'Warranty on Parts (Number of Days) Day N A— BID PRICE SHEET IFB 1781386, Boat Maintenance, Repairs, Parts, and Related Marine Services, Citywide Item Description Qty UOM Unit Price GROUP 2:100 Hour Service Interval: Maintenance Inspections on the Engines (Inclusive of all Parts and Labor) #REFI 2.1 Yamaha Engines 1 HR a 0 , *Warranty on Labor (Number of Days) 3o Day 'Warranty an Parts (Number of Days) 7 0 Day 2.2 Mercury Engines 1 HR ^ /�� /Nit)i- `Warranty on Labor (Number of Days) Day 'Warranty on Parts (Number of Days) Day N r j 1 GROUP 3: Parts only Minimum Percent Discount Off Parts Catalog (List Catalogs) $0.00 3.1 Minimum Percent Discount Off Manufacturers List Price Catalog for Caterpillar Engines (express as a decimal, i.e., 15% discount = .15) Off Ai( 3.2 Minimum Percent Discount Off Manufacturer's List Price Catalog for Yamaha Engines (express as a decimal, i.e., 15% discount = .15) % Off ; 3.3 Minimum Percent Discount Off Manufacturers List Price Catalog for discount = .15) Mercury Engines (express as a decimal, i.e., 15% Off a JL � �ci 3.4 Minimum Percent Discount Off Manufacturers List Price Catalog for Ultra Jet (express as a decimal, i.e., 15% discount = .15) %Off f ' 10) pi 3.5 Minimum Percent Discount Off Manufacturers List Price Catalog for ZF Marine Transmission (express as a decimal, i.e., 15% discount = .15) /Off p � f V 3.6 Minimum Percent Discount Off Manufacturer's List Price Catalog for Generator (express as a decimal, I.e., 15% discount = .15) % Off Op/Kohler 3.7 Minimum Percent Discount Off Manufacturers List Price Catalog not listed above (express as a decimal, i.e., 15% discount = .15) %Off 1 1 S GROUP 4: Fiberglass/Aluminum Boat Hull Repair (with Parts at Pass Th ough Cost) $0.00 4.1 Boat Hull Repair: Fiberglass 1 HR 1 2 S Service Call Charge (If Any) 1 HR r 7� 'Warranty on Labor (Number of Days) y^� �1" Day 'Warranty on Parts (Number of Days) C [ Day 4.2 Boat Hull Repair: Aluminum_ 1 HR N ) ('- Service Call Charge (If Any) 1 HR � {/I / V - 'Warranty on Labor (Number of Days) Day / V it `Warranty on Parts (Number of Days) Day A l ► fri. GROUP 5: Haul -Out Hurricane Plan $0.00 5.1 cost to Haul -Out Thirty -Five (35') foot (ft.) Marlin Boat and Release back into water 1 Each f�/ BID PRICE SHEET IFB 1781386, Boat Maintenance, Repairs, Parts, and Related Marine Services, Citywide Item Description Qty UOM Unit Price 5.2 Daily Cost to Store Thirty -Five (35') foot (ft.) Marlin Boat 1 Each n %' 5.3 Cost to Haul -Out Fifty (50') foot (ft.) Fireboat and Release back into water 1 Each Ai pr 5.4 Daily Cost to Store Fifty (50') foot (ft.) Fireboat 1 Each //A A`Jt !p k/- 5.5 Cost to Haul -Out Fifty (50') foot (ft.) Houseboat and Release back Into water 1 Each ry `°� 5.6 Daily Cost to Store Fifty (50') foot (ft.) Houseboat 1 Each (�/ n / 4 GROUP 6: Barnacle Removal: Clean Bamacles, Algae, and Fouling below Waterline, Multi -Point Underwater Inspection of Zincs, Running Gear, Bottom Paint, Report Findings (Yearlong, Bi- Monthlvi $0.00. N� 6.1 Two (2), 50ft. Metal Craft Aluminum Fireboats 26 Each 6.2 One (1), 50ft. Houseboat Fire Station 26 Each 6.3 One (1), 27ft. Boston Whaler Center Console 26 Each . NVik $0.00 6.4 One (1), 35ft. Marlin Center Console 26 Each TOTAL • For Information Purposes Only CITY OF MIRMI CERTPFICATE OF USE FIRE SAFETY PERMIT BUSINESS NAME: CRG MARINE INC DBA: BUSINESS ADDRESS: EXPIRES: ACCOUNT NUMBER: CERTIFICATE NUMBER: 2380 NW 21 TER 2024-09-30 169301 201/000899 COMMENTS: BOAT ENGINE REPAIRS RESTRICTIONS' FY 23- 24 ISSUED: Nov 06 2020 APPROVED USE(S): CUO3 -General Commercial - PLEASE DISPLAY THIS CERTIFICATE IN A CONSPICUOUS LOCATION AT OCCUPANCY ADDRESS, • FAVOR DE MOSTRAR ESTE CERTIFKCADO EN UN SITIO VISIBLE EN LA DIRECCION DEL COMERCIO. - TANPRI AFICHE SETIFIKA SA A NAN YON KOTE KO:NSIDEB NAN ADRES OKIPANS. www.miamigov.com CITY OF MIAMI BUSINESS TAX RECEIPT BUSINESS NAME: CRG MARINE INC DBA: BTR HOLDER NAME: CRG MARINE INC BUSINESS ADDRESS: 2380 NW 21 TER EXPIRES: Effective Year Oct. 1 2023 Thru Sep. 30 2024 ACCOUNT NUMBER: 169301 RECEIPT NUMBER: 193600 COMMENTS: BOATS: SERVICE OR FUEL SUPPLY RESTRICTIONS: FY 23- 24 ISSUED: Oct 01, 2023 Robert Santos-Alborna This issuance of a business tax receipt does not permit the holder to violate any zoning laws of the City nor does it exempt the holder from any licenseor permits that may be required by law_ This document does not constitute a certification that the holder is qualified to engage in the business, profession or occupation specified herein. The document indicates payment of the business tax receipt only. - PLEASE DISPLAY THIS CERTIFICATE IN A CONSPICUOUS LOCATION AT OCCUPANCY ADDRESS. - FAVOR DE MOSTRAR ESTE CERTIFICADO EN UN SITIO VISIBLE EN LA DIRECCION DEL COMERCIO. - TANPRI AFICHE SETIFIKA SA A NAN YON KOTE KONSIDEB NAN ADRES OKIPANS. www.miamigov.com 1 IN WITNESS WHEREOF, the parties hereto have executed this Instrument for the purpose herein expressed, the day and year above written. Signed, sealed and delivered to the presence of: Witnesses: By: Name: Title: Date: By: Name: Title: Date Witnesses: By: Name: Title: Date: By: AQ.-k C) Name: e a._,,,k ems" k. {`-e Title: Date VCk" LESSOR: CVR REALTY, LLC, a Florida limited liability company B Name: — / Lvt S ` \(21/4.N2tivc. Title: M N N G_ Date to (CI (1 Address: 238a Zl tc&-, Mkat,s1/4\ 33t -rL LESSEE: STRICTLY YAMAHA, INC a Florida Corporation By: Name: G^i4-tlh A' 47A 11 Title: f9,1% Date /0_ ? _ 71 Address: / t'-�, / /) UVls ,Qzld 5/1r Page 20 Scanned with CamScanner First Amendment to Contract First amendment to the Contract shall become effective on the date of October 15, 2022 between CVR REALTY, LLC (Landlord) and STRICTLY YAMAHA, INC (Tenant) concerning the property described as 2380 NW 21 TER UNIT D MIAMI, FL 33142 (the "contract"). Landlord and Tenant agree hereby that the following terms and conditions shall be amended as part of the Contract: Landlord and Tenant agreed to extend the lease starting October 15, 2022 to October 14, 2025. Lessee will pay the Rent of $ 3,898.93, plus applicable local sales tax. The total monthly installment due is $4,152.36 including applicable sales tax for Miami Dade FL The Rent shall be adjusted every year by an annual increase of three percent (3%). Landlord: ! P' Date: October 15, 2022, Luis A. Aguirre Tenant: Date: October 15, 2022_,_ Carlos Rafael Garced Scanned with CamScanner YAMAHA Yamaha Motor Corp., USA 1270 Chastain Rd., GA 30144 From the desk of: Todd Romig District Marketing Manager Marine Group Company Phone: 772 485 9184 April 2, 2024 To Whom It May Concern: CRG Marine Inc., dba STRICTLY YAMAHA is an authorized Yamaha Marine dealer sales, warranty, and repair dealership. Strictly Yamaha 2380 NW 21 st Terrace Miami, FL 33142 786 344 9035 305 603 9188 Strictlyyamaha(a7att.net www.syamaha.com Regards, Todd Romig Scanned with CamScanner Local Business Tax Receipt Miami —Dade County, State of Florida -THIS 1S NOT A DILL - D0 NOT PAY 7355046 BUSINESS NAIVIE/LOCATION STRICTLY YAMAHA 2380 NW 21ST TER UNIT D MIAMI, FL 33142-7206 OWNER CRG MARINE INC CIO CARLOS GARCED PRES Employee(s) 6 RECEIPT NO. RENEWAL 7649081 LBT EXPIRES SEPTEMBER 30, 2024 Must bo displayed at place of business Pursuant to County Coda Chapter BA - Art 9 & 10 SEC. TYPE OF BUSINESS 213 SERVICE BUSINESS PAYMENT RECEIVED BY TAX COLLECTOR 45.00 08/08/2023 INT-23-422362 This Local Rosiness Tax Receipt only confirms payment of the Local Business Tax. The Receipt is not a license, permit, or a certification of the holder's qualifications, to do business. Holder must comply with arty governmental or nongovernmental regulatory laws and requirements which apply to the business. The RECEIPT NO. above must be displayed on all commercial vehicles - Miami -Dade Code Sec 8a-ZTfi. M® For more information, visit www mismidadegavltaxaoileciet Scanned with CamScanner Tau of tt xn i ANNIE PEREZ, CPPO ARTHUR NORIEGA V Director of Procurement July 24, 2024 Mr. Carlos Garced CRG Marine, Inc. dba Strictly Yamaha 2380 NW 21 Terrace Miami, FL 33142 City Manager SENT VIA EMAIL st rictlyyamahaAatt.net RE: LETTER FOR ADDITIONAL INFORMATION — INVITATION FOR BID ("IFB") NO. 1781386, BOAT MAINTENANCE, REPAIRS, PARTS, AND RELATED MARINE SERVICE. CITYWIDE Dear Mr. Garced, The City of Miami's Procurement Department (Procurement") is in the process of evaluating the bid submitted by CRG Marine, Inc. dba Strictly Yamaha, ("Strictly Yamaha") in response to IFB No. 1781386 Boat Maintenance, Repairs, Parts, and Related Marine Service, Citywide. Our initial review has revealed that additional information is required in order to determine if Strictly Yamaha's bid is responsive to the requirements of the IFB. Pursuant to the Certifications Section of the IFB which states: Please List and acknowledge all addendum/addenda received_ List the addendum/addenda number and date of receipt (i.e.. Addendum No. 1, 01/01/2024). If no addendum/addenda was/were issued, please insert N/A. Strictly Yamaha did not acknowledge Addendum Nos. 2 - 5 for IFB 1781386 (attached herein), as required by this solicitation. Please submit signed Addendum Nos. 2-5, to the attention of Ms. Teresa Soto, via email tsotona miamigov com or via fax to 305-400-5024, by no later than Tuesday, July 30, 2024, at 5:00 PM. Failure to respond by the required deadline may constitute grounds for deeming your bid as non -responsive. Please sign and date below to certify your response a l ) Title Annie Perez, CPPO Director/Chief Procurement Officer Department of Procurement AP:ts Signature Date 3c)-2 (lit(Miami ANNIE PEREZ, CPPO ARTHUR NORIEGA V Director of Procurement City Manager ADDENDUM NO. 2 IFB 1781386 April 19i2024 INVITATION FOR BID {"BID") BOAT MAINTENANCE, REPAIRS, PARTS, AND RELATED MARINE SERVICE, CITYWIDE 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. The IFB's closing date and time has been changed to Friday, May 3, 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 Director/Chief Procurement Officer Procurement Department AP:ts c. Manuel Morales, Chief, Police Department Robert Hevia, Chief, Fire -Rescue 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. 77 � NAME OF FIRM: Cipailk 1 DATE: '�7- l L' J SIGNATURE: / (Eitu 0iami ANNIE PEREZ, CPPO ARTHUR NORIEGA V Director of Procurement City Manager ADDENDUM NO. 3 IFB 1781386 May 1, 2024 INVITATION FOR BID ("BID") BOAT MAINTENANCE, REPAIRS, PARTS, AND RELATED MARINE SERVICE, CITYWIDE 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. The IFB's closing date and time has been changed to Friday, May 10, 2024, at 3:00 P.M. ALL OTHER TERMS AND CONDITIONS OF THE IFB REMAIN THE SAME. THIS ADDENDUM 15 AN ESSENTIAL PORTION OF THE IFB AND SHALL BE MADE A PART THEREOF. ade.4L4a, 4 . Annie Perez, CPPO Director/Chief Procurement Officer Procurement Department AP:ts c. Manuel Morales, Chief, Police Department Robert Hevia, Chief, Fire -Rescue Pablo Velez, Senior Assistant City Attorney Yadissa A. Calderon, CPPB, NIGP-CPP, Assistant Director of Procurement This Addendum shalt 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: 6r. (-/1„,vpiiiir- PY', SIGNATURE: DATE: 5 l situ of iami ANNIE PEREZ, CPPO Director of Procurement City Manager ARTFfUR NORIEGA V ADDENDUM NO. 4 IFB 1781386 May 7, 2024 INVITATION FOR BID ("BID"I BOAT MAINTENANCE, REPAIRS, PARTS, AND RELATED MARINE SERVICE, CITYWIDE 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. The IFB's closing date and time has been changed to Friday, May 17, 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 Cal -wee e for Annie Perez, CPPO Director/Chief Procurement Officer Procurement Department AP:ts c Manuel Morales, Chief, Police Department Robert Hevia, Chief, Fire -Rescue 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: (1 /t/I/1/1 /Nth • DATE: f 7— 2--q SIGNATURE: (gatg iatni ANNIE PEREZ, CPPO ARTHUR NORIEGA V Director or Procurement City Manager ADDENDUM NO. 5 IFB 1781386 May 8, 2024 INVITATION FOR BID ("IFB") BOAT MAINTENANCE, REPAIRS, PARTS, AND RELATED MARINE SERVICE, CITYWIDE 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. A. Attachment B-Bid Pricing Sheet has been deleted in its entirety and is hereby replaced with Attachment B-Revised Bid Price Sheet. B. Section 2.33 Liquidated Damages has been deleted in its entirety and is hereby replaced with the following language: 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. C. Section 2.39, Fixed and Firrn Pricing has been added to the solicitation Fixed end Firm Pricing All prices quoted are fixed and firm throughout the term of the Contract. D. Section 2.40, Equitable Adjustment has been added to the Solicitation: Equitable Adjustment The Procurement Department may, in it sole discretion, make an equitable adjustment in the Contract pricing if pricing or availability of supply is affected by extreme or unforeseen volatility in the marketplace, that is, by circumstances that satisfy all the following criteria: (1) the volatility is due to circumstances beyond the Successful Bidder(s) control, (2) the volatility affects the marketplace or industry, not just the particular Contract source of supply, (3) the effect on pricing or availability of supply is substantial, and (4) the volatility so affect the Successful Bidder(s) that continued performance of the Contract would result in substantial loss. Successful Bidder(s) might have to supply documentation to justify any requested percentage increase in cost to the City of Miami. E. The following are questions received from Prospective Bidder(s) and the City's response: Q1. Can vendors outside of the City of Miami submit a bid for this solicitation? Al. Yes. Groups 1-4 and 6 are not restricted to City Limits or Miami -Dade County. Only Group 5 is restricted to Bidders within City of Miami City limits. Q2.. Should the bid pricing submitted be priced for three (3) years? A2. Please refer to Section C above, Fixed and Firm Pricing. Q3. What attachment do the Bidders use to submit the bid? A3.. Bid pricings shall be submitted using Attachment B-Revised Bid Price Sheet located in the Documents Section of BidSync_ 04. Can the City advise the Bidders if they have submitted all required documents once the bid has been submitted? A4. This solicitation is a sealed bid and the City will not have access to the bids until the closing date. 05 Group 2 in Attachment B-Bid Pricing Sheet asks for Maintenance Inspections per 100 hour intervals. Can the City provide model number's of the engines? A5. Refer to Attachment B — Revised Bid Price Sheet, Group 2. 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 c. Manuel Morales, Chief, Police Department Robert Hevia, Chief, Fire -Rescue 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: el 9W1, eP, / n SIGNATURE: / 3 DATE: ) — 6 ` 2 Tag of (Miami ANNIE PEREZ, CPPO Director of Procurement July 24. 2024 Mr. Carlos Garced CRG Marine, Inc. dba Strictly Yamaha 2380 NW 21 Terrace Miami, FL 33142 ARTHUR NORIEGA V City Manager SENT VIA EMAIL strictlyya mahaatt. net RE: LETTER FOR ADDITIONAL INFORMATION — INVITATION FOR BID ("IFB") NO, 1781386, BOAT MAINTENANCE, REPAIRS, PARTS, AND RELATED MARINE SERVICE. CITYWIDE Dear Mr. Garced, The City of Miami's Procurement Department ("Procurement") is in the process of evaluating the bid submitted by CRG Marine, Inc. dba Strictly Yamaha, (`Strictly Yamaha") in response to IFB No. 1781386 Boat Maintenance, Repairs, Parts, and Related Marine Service, Citywide. Our initial review has revealed that additional information is required in order to determine if Strictly Yamaha's bid is responsive to the requirements of the IFB. Pursuant to the Certifications Section of the IFB which states: Please list and acknowledge all addendum/addenda received. List the addendum/addenda number and date of receipt (i. e.. Addendum No. 1, 01/01/2024). If no addendum/addenda was/were issued, please insert NIA. Strictly Yamaha did not acknowledge Addendum Nos. 2 - 5 for IFB 1781386 (attached herein), as required by this solicitation. Please submit signed Addendum Nos. 2-5, to the attention of Ms. Teresa Soto, via email tsotoCcr�miamioov corn or via fax to 305-400-5024, by no later than Tuesday, July 30, 2024, at 5:00 PM. Failure to respond by the required deadline may constitute grounds for deeming your bid as non -responsive. Please sign and date below to certify your response above: 6 Print /Lo'yl ' Sincerely, Annie Perez, CPPO Director/Chief Procurement Officer Departrnent of Procurement AP is Signature r, Date QIitu Lrf li imi ANNIE PEREZ, CPPO Director of Procurement ADDENDUM NO. 2 IFB 1781386 ARTHUR NORIEGA V City Manager April 19, 2024 INVITATION FOR BID ("BID") BOAT MAINTENANCE, REPAIRS, PARTS, AND RELATED MARINE SERVICE, CITYWIDE TO: ALL PROSPECTIVE BIDDERS: The following changes, additions, clarifications, and deletions amend the 1FB 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_ The IFB's closing date and time has been changed to Friday, May 3, 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 Director/Chief Procurement Officer Procurement Department AP:ts c. Manuel Morales, Chief, Police Department Robert Hevia, Chief, Are -Rescue 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. t NAME OF FIRM: iLQ/1.4l 4/0- /'�'�t' DATE: SIGNATURE: (lttg Tf tami ANNIE PEREZ, CPPO ARTHUR NORIEGA V City Manager Director of Procurement ADDENDUM NO. 3 IFB1781386 May 1, 2024 INVITATION FOR BID ("BID") BOAT MAINTENANCE, REPAIRS, PARTS, AND RELATED MARINE SERVICE, CITYWIDE 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. The IFB`s closing date and time has been changed to Friday, May 10, 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. for Annie Perez, CPPO Director/Chief Procurement Officer Procurement Department AP:ts c. Manuel Morales, Chief, Police Department Robert Hevia, Chief, Fire -Rescue 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. (j NAME OF FIRM: cj-'I` iig1 k-6 /,(' DATE: C`� / SIGNATURE: /&-—Jc_...--"- (gag of 4 lx mi ANNIE PEREZ, CPPO ARTFIUR NORIEGA V Director of Procurement City Manver ADDENDUM NO. 4 IFB 1781386 May 7, 2024 INVITATION FOR BID ("BID") BOAT MAINTENANCE, REPAIRS, PARTS, AND RELATED MARINE SERVICE, CITYWIDE 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. The IFB's closing date and time has been changed to Friday, May 17, 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. (�L ,,(Y . ( eu-e 1, for /I Annie Perez, CPPO Director/Chief Procurement Officer Procurement Department AP:ts c. Manuel Morales, Chief, Police Department Robert Hevia, Chief, Fire -Rescue 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: SIGNATURE: DATE: Itt of (Miami ANNIE PEREZ, CPPO ARTHUR NORIEGA V Dir �v of Procurement Cif Manager ADDENDUM NO. 5 IFB 1781386 May 8, 2024 INVITATION FOR BID ("IFB") BOAT MAINTENANCE, REPAIRS, PARTS, AND RELATED MARINE SERVICE, CITYWIDE 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. A. Attachment B-Bid Pricing Sheet has been deleted in its entirety and is hereby replaced with Attachment B-Revised Bid Price Sheet. B. Section 2.33 Liquidated Damages has been deleted in its entirety and is hereby replaced with the following language: 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. C. Section 2.39, Fixed and Firm Pricing has been added to the solicitation: Fixed and Firm Pricing All prices quoted are fixed and firm throughout the term of the Contract. D. Section 2.40, Equitable Adjustment has been added to the Solicitation: Equitable Adjustment The Procurement Department may, in it sole discretion, make an equitable adjustment in the Contract pricing if pricing or availability of supply is affected by extreme or unforeseen volatility in the marketplace, that is, by circumstances that satisfy all the following criteria: (1) the volatility is due to circumstances beyond the Successful Bidder(s) control, (2) the volatility affects the marketplace or industry. not just the particular Contract source of supply, (3) the effect on pricing or availability of supply is substantial, and (4) the volatility so affect the Successful Bidder(s) that continued performance of the Contract would result in substantial loss. Successful Bidder(s) might have to supply documentation to justify any requested percentage increase in cost to the City of Miami. E. The following are questions received from Prospective Bidders) and the City's response: Q1. Can vendors outside of the City of Miami submit a bid for this solicitation? Al. Yes. Groups 1-4 and 6 are not restricted to City Limits or Miami -Dade County. Only Group 5 is restricted to Bidders within City of Miami City limits. Q2.. Should the bid pricing submitted be priced for three (3) years? A2. Please refer to Section C above, Fixed and Firm Pricing. Q3. What attachment do the Bidders use to submit the bid? A3.. Bid pricings shall be submitted using Attachment B-Revised Bid Price Sheet located in the Documents Section of BidSync. Q4. Can the City advise the Bidders if they have submitted all required documents once the bid has been submitted? A4. This solicitation is a sealed bid and the City will not have access to the bids until the closing date. Q5. Group 2 in Attachment B-Bid Pricing Sheet asks for Maintenance Inspections per 100 hour intervals. Can the City provide model number's of the engines? A5. Refer to Attachment B — Revised Bid Price Sheet, Group 2. 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. Manuel Morales, Chief, Police Department Robert Hevia, Chief, Fire -Rescue 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: 0 6„ti-i-A:6,-,,,-4,t/( DATE: U y SIGNATURE: 3 City of Miami Invitation for Bid (IFB) Procurement Department Miami Riverside Center 444 SW 2nd Avenue, 6th Floor Miami, Florida 33130 Web Site Address: www.miamigov.com/procurement IFB Number: Title: Issue Date/Time: IFB 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: 1781386, 5 Boat Maintenance, Repairs, Parts, and Related Marine Service, Citywide 22-MAR-2024 @ 9:00 A.M. 17-MAY-2024 @ 3:00 P.M. Voluntary 27-MAR-2024 @ 10:00 A.M. Virtual via Microsoft TEAMS 16-APR-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: BIDDER NAME: Ken Grabeldinger on behalf of MN Marine Group ADDRESS: 3828 nw 2ND AVE(33127), 3910 NW 2nd ave (33127), 7915 NW 5TH CT(33150) 8941 NW 7TH AVE (33150) PHONE: (305)438-9464 EMAIL: ken©miaminautique.com SIGNED BY: /cytaidd4;72A-- TITLE: General Manager FAX: CELL(Optional): DATE: 05/16/2024 FAILURE TO COMPLETE, SIGN, AND RETURN THIS FORM SHALL DISQUALIFY THIS RESPONSE. Certifications Legal Name of Firm: Miami Ski Nautiques DBA MN Marine Group Entity Type: Partnership, Sole Proprietorship, Corporation, etc. Corportation Year Established: 1997 Office Location: City of Miami, Miami -Dade County, or Other City of Miami Federal Employee Identification Number ("FEIN"): 65-0874277 Business Tax Receipt/Occupational License Number: 5789731 Business Tax Receipt/Occupational License Issuing Agency: Miami Dade County Business Tax Receipt/Occupational License Expiration Date: Sept 30 2024 Will Subcontractor(s) be used? (Yes or No) No If subcontractor(s) will be utilized, provide their name, address and 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, 1/1/24). If no addendum/addenda was/were issued, please insert N/A. Addendum 1-5 acknowledge and attached signed 5/16/2024 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? 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 the 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 Reference No. 1: Name of Company/Agency for which Bidder is currently providing the services/goods as described in this Solicitation, of has provided such services/goods in the past: City of Miami Beach, Police, Fire, & Ocean Rescue Departments Reference No. 1: Address, City, State, and Zip for above referenced company/agency listed: 1700 Convention Ctr Dr, Miami Beach, FL 33139 Reference No. 1: Name of Contact Person, Telephone Number, and Email for above Reference No. 1: Alian Gonzalez(fleet manager) 305-673-7641_ext. 23606 AlianGonzalez@miamibeachfl.gov Reference No.1: Date of Contract or Sale for above Reference No. 1: 03/20/2024 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: Long time Client & County Fire Dept Mike Flynn Reference No. 2: Address, City, State, and Zip for above referenced company/agency listed: 124 Via Santa Cruz, Jupiter, FI 33458 Reference No. 2: Name of Contact Person, Telephone Number, and Email for above Reference No. 2: Mike Flynn, (786) 251-1186 mjflynn©1884©gmail.com Reference No. 2: Date of Contract or Sale for above Reference No. 2: Client since 1997 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: Repairs for USCG TAMPA HULL #20302 Reference No. 3: Address, City, State, and Zip for above referenced company/agency listed: USCG Tampa Reference No. 3: Name of Contact Person, Telephone number, and Email for above Referenced No. 3: Quintanilla, Jamie W CPO USCG SFLC (USA) 757.639.3258 Jamie.W.Quintanilla@uscg.mil Reference No. 3: Date of Contract or Sale for above Referenced No. 3: 1/16/2024 Acknowledge that References were provided for each group for which responses were submitted: YES OR NO. YES Acknowledge that Certifications for Factory Certified Technicians were submitted (If Applicable): YES OR NO. YES Invitation for Bid (IFB) 1781386 Table of Contents Terms and Conditions 1. General Conditions 1.1. 1. General Terms and Conditions for Invitation for Bids (IFB) 2. Special Conditions 2.1. PURPOSE 2.2. PRE-BID/PRE-PROPOSAL CONFERENCE 2.3. DEADLINE FOR RECEIPT OF REQUEST FOR ADDITIONAL INFORMATION/CLARIFICATION 2.4. TERM OF CONTRACT 2.5. METHOD OF AWARD 2.6. CONDITIONS FOR RENEWAL 2.7. BIDDER'S MINIMUM QUALIFICATIONS 2.8. SUBCONTRACTORS SHALL BE IDENTIFIED 2.9. REFERENCES 2.10. INSURANCE REQUIREMENTS 2.11. LOCAL OFFICE PREFERENCE 2.12. CURES 2.13. SUBMISSION AND RECEIPT OF BIDS 2.14. CITY OF MIAMI LIVING WAGE ORDINANCE 2.15. TIE BIDS 2.16. APPROVED EQUAL PRODUCT 2.17. QUALITY AND MANUFACTURE 2.18. PACKING SLIP/DELIVERY TICKET TO ACCOMPANY ITEMS DURING DELIVERY 2.19. NON -APPROPRIATION OF FUNDS 2.20. PROJECT MANAGER 2.21. WARRANTY 2.22. USE OF PREMISES 2.23. DAMAGES TO PUBLIC/PRIVATE PROPERTY 2.24. RESPONSE TIME 2.25. DELIVERY 2.26. SAFETY MEASURES 2.27. PUBLIC SAFETY 2.28. METHOD OF PAYMENT 2.29. PARTS AT PASS THROUGH COST 2.30. SPECIFICATION EXCEPTIONS 2.31. ADDITION/DELETION OF FACILITIES/PRODUCTS/ITEMS/SERVICES/SUPPLIERS 2.32. FAILURE TO PERFORM 2.33. LIQUIDATED DAMAGES 2.34. PUBLIC ENTITY CRIMES 2.35. E-VERIFY EMPLOYMENT VERIFICATION 2.36. PRIMARY CLIENT (FIRST PRIORITY) 2.37. TERMINATION 2.38. ADDITIONAL TERMS AND CONDITIONS 2.39. FIXED AND FIRM PRICING 2.40. EQUITABLE ADJUSTMENT Invitation for Bid (IFB) 1781386 3. Specifications 3.1. SPECIFICATIONS/SCOPE OF WORK Invitation for Bid (IFB) 1781386 IMPORTANT NOTICE TO BIDDERS • BID BOND AND PERFORMANCE BOND IS NOT REQUIRED FOR THIS IFB. • REFER TO ATTACHMENT B — BID PRICE SHEET IN THE DOCUMENT SECTION OF BIDSYNC, FOR THE LINE ITEMS OF THIS IFB. • 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 FORMATS 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 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. santa cruz . Terms and Conditions 1. General Conditions Invitation for Bid (IFB) 1781386 1.1. 1. General Terms and Conditions for Invitation for Bids (IFB) 1. GENERAL TERMS AND CONDITIONS FOR INVITATION FOR BID (IFB) - 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/ 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 (City) 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. Invitation for Bid (IFB) 1781386 1.5. ALTERNATE RESPONSES -Alternate responses will not be considered, unless specifically requested by the City. 1.6. ASSIGNMENT - Successful Bidder/Contractor agrees not to subcontract, assign, transfer, convey, sublet, pledge, encumber, or otherwise dispose of the resulting Contract, in whole or in part, or any or all of its rights, title or interest herein, without the 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 price(s) established herein, when permissible by Federal, State, and local laws, rules, and regulations. Each governmental, not -for -profit or quasi -governmental entity which uses this Formal Solicitation and resulting 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 Businesses with Drug -Free Workplace Programs. Invitation for Bid (IFB) 1781386 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 in 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. 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, individual -item basis, or such method of award in the best interest of the City, unless otherwise specified. H. A 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. Invitation for Bid (IFB) 1781386 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 the delivery schedule. When bidding an "APPROVED EQUAL", Bidders shall submit, with their response, complete sets of necessary data (e.g., 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. 1116 of qU`Y L011hdLE 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. Invitation for Bid (IFB) 1781386 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 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: 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. I. City Procurement Ordinance, City Code Section 18, Article III. J. Conflict of Interest, City Code Section 2-611;61. K Cone of Silence, City Code Section 18-74. Invitation for Bid (IFB) 1781386 L. The Florida Statutes Sections 218.70 to 218.79, the 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 advertised 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 staff. 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 an e-mail, or fax with a copy to the City Clerk's Office being required. 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) Act 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. Invitation for Bid (IFB) 1781386 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 Bidder's 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 - 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. 1.25. DEBARMENT AND SUSPENSIONS (SECTION 18-107) - A. Authority and requirement to debar/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. Invitation for Bid (IFB) 1781386 B. Causes for debarment/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 a Contract, 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 for a solicitation 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 may not transact business with any public entity. Invitation for Bid (IFB) 1781386 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 �I L Stted. in a a the f rmat outlined in the Formal Solicitation, is of timely submission, and has appropriate signatures as cr require on eac tdcument. Failure to comply with these requirements may deem 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. Invitation for Bid (IFB) 1781386 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. 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, inmaking 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 omissions 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 (if 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 Invitation for Bid (IFB) 1781386 City and Successful Bidder/Contractor. 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. 134. 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. 135. EXCEPTIONS TO GENERAL TERMS 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 Terms and/or Special Conditions shall be cause for a Bid to be considered non -responsive. 136. 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. 137. 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. Invitation for Bid (IFB) 1781386 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 the Bid Contract, and a 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. B1 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. 139. GOVERNING LAW AND VENUE - The validity and effect of any Bid Contract as a result of this Formal Solicitation shall be govemed 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 attomey'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 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: Invitation for Bid (IFB) 1781386 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 intemal 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 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/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 the City, resist and defend such action or proceeding by counsel satisfactory to the City. The Successful Bidder/Contractor expressly understands and agrees that any insurance protection required by this Contract or otherwise provided by the 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 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/Contractor, or persons employed or utilized by the Successful Bidder/Contractor. Invitation for Bid (IFB) 1781386 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/Contractor shall require all sub-consultant/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 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's/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 City's Procurement Contracting Officer, issuing the Formal Solicitation. Tabulations are also available on the City's website following a recommendation for award. 1.46. INSURANCE - Within ten (10) days after receipt of Notice of Award, the Successful Bidder/Contractor shall furnish the 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) Invitation for Bid (IFB) 1781386 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 of the 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. 1.47. 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, then that non -local Bidder and each of the aforementioned responsive, responsible local Bidders shall have the opportunity to submit a best and final bid equal to or lower than the amount of the low bid previously submitted by the non -local Bidder. Contract award shall be made to the lowest responsive, responsible Bidder submitting the lowest best and final bid. In the case of a tie in the best and final bid between a local Bidder and a non -local Bidder, contract award shall be made to the local Bidder." 1.49. MANUFACTURER'S CERTIFICATION - The City reserves the right to request from Bidders a separate Manufacturer's Certification of all statements made in the Bid. Failure to provide such certification may result in the rejection of the Bid, or termination of the 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 the resultant Purchase Order(s) or Bid Contract, 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 govemed by the most favorable terms and conditions that Successful Bidder/Proposer grants now or in the future to a similarly situated local govemment. 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 Invitation for Bid (IFB) 1781386 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. The 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's supplier's list. 1.54. NONDISCRIMINATION, EQUAL EMPLOYMENT OPPORTUNITY, AND AMERICANS WITH DISABILITIES - 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 the 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 the 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 Invitation for Bid (IFB) 1781386 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 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 within 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 of 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, in 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 required information, sign and upload the Certification Statement. Invitation for Bid (IFB) 1781386 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. 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 Invitation for Bid (IFB) 1781386 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 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 the 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 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. Invitation for Bid (IFB) 1781386 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 provided 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 systems. 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@MIAMIGOV.COM, OR REGULAR MAIL AT CITY OF MIAMI OFFICE OF THE CITY ATTORNEY, 444 SW 2ND AVENUE, 9TH FL, MIAMI, FL 33130. THE CONSULTANT MAY ALSO CONTACT THE RECORDS CUSTODIAN AT THE CITY OF MIAMI DEPARTMENT WHO IS ADMINISTERING 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 (SECTION 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 and all bids rejected 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. Invitation for Bid (IFB) 1781386 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 $25,000.00. 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 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 bid specifications or a bid solicitation may protest to the chief procurement officer. A written notice of intent to file a protest shall be filed with the chief procurement officer within three days after the bid solicitation is published in a newspaper of general circulation. A notice of intent to file a protest is considered filed when received by the chief procurement officer. (2) Protest of award. 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. Invitation for Bid (IFB) 1781386 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 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 served as an appellate or trial court judge. The hearing officer may be appointed from alternative sources (e.g. expert consulting agreements, piggyback contracts, etc.) where the city commission adopts a recommendation of the city attorney that such action is necessary to achieve faimess 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 of protest. 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 a hearing before a hearing officer, at which time the person protesting shall be given the opportunity to demonstrate Invitation for Bid (IFB) 1781386 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 sent by certified mail, return receipt requested, to the mailing address of the protester. 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 shown, 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, an 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 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. Invitation for Bid (IFB) 1781386 (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. (fl 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 $5,000.00, 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 such 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 Contract, except under, and by virtue of written permission granted by the City through the proper officials, which may be withheld or conditioned, in the City's sole discretion. 1.78. 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. Invitation for Bid (IFB) 1781386 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 shall 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 in the Formal Solicitation, the Bidder shall quote not more than the contract price; failure to comply with this request will result in disqualification of the 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 bome 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. 1.82. 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: Invitation for Bid (IFB) 1781386 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 shall 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 attomey'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. 1.88. 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. Invitation for Bid (IFB) 1781386 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. Invitation for Bid (IFB) 1781386 2. Special Conditions 2.1. PURPOSE The purpose of this Solicitation is to establish a contract, for Boat Maintenance, Repairs, Parts, and Related Marine Services, Citywide, as specified herein, from a source(s), fully compliant with the terms, conditions and stipulations of the Solicitation. 2/. PRE-BID/PRE-PROPOSAL CONFERENCE Virtual Voluntary pre -bid conference will be held on Wednesday, March 27, 2024 at 10:00 A.M. via Teams Click here to join the meeting or via phone + 786- 598-2961, ID: 417 744 443#. A discussion of the requirements of the Solicitation will occur at that time. Each potential Bidder is required, prior to submitting a Proposal, 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, which will be distributed through BidSync, following the Pre - Proposal Conference to all the attendees. Because the City considers the Pre -Proposal 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 Tuesday, April 16, 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 with the option to renew for one (1) additional three (3) year period, 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 For Groups 1, 2, and 4 Award of these groups may be made to the three (3) lowest responsive and responsible Bidders meeting specifications, on a line -by -line -item basis: Bidders may bid on one or all items in a group. For each line, the bid with the lowest price, will be deemed the Primary Successful Bidder, the next lowest the Secondary Successful Bidder, followed by the Tertiary Successful Bidder. Should the Primary Successful Bidder not be able to provide the service at the time of need, the City has the option to select the Secondary Successful Bidder and so on, to fulfill the order. For Group 3 Award of this group may be made to the three (3) responsive and responsible Bidders meeting specifications, who provide the highest minimum percent discount, on a line -by -line -item basis. Invitation for Bid (IFB) 1781386 Bidders may bid on one or all items in this group. For each line, the bid with the highest minimum percent discount, will be deemed the Primary Successful Bidder, the next highest the Secondary Successful Bidder, followed by the Tertiary Successful Bidder. Should the Primary Successful Bidder not be able to provide the part(s) at the time needed, the City has the option to select the Secondary Successful Bidder, and so on, to fulfill the order. For Group 5 Award of this group may be made to the three (3) lowest responsive and responsible Bidders meeting specifications, on a group basis. Bidders must bid on all items within this group to be deemed responsive for the group. For this group, the Bidder with the lowest price will be deemed the Primary Successful Bidder, the next lowest price the Secondary Successful Bidder, followed by the Tertiary Successful Bidder. Should the Primary Successful Bidder not be able to provide the service at the time needed, the City has the option to select the Secondary Successful Bidder, and so on, to fulfill the order. For Group 6 Award of this group may be made to the three (3) lowest responsive and responsible Bidders meeting specifications, on a group basis. Bidders must bid on all items within this group to be deemed responsive for this group. For this group, the Bidder with the lowest price in the aggregate will be deemed the Primary Successful Bidder, the next lowest price the Secondary Successful Bidder, followed by the Tertiary Successful Bidder. Should the Primary Successful Bidder not be able to provide the service at the time needed, the City has the option to select the Secondary Successful Bidder, and so on, to fulfill the order. 2.6. CONDITIONS FOR RENEWAL Each renewal of this contract is subject to the following: (1) Continued satisfactory performance compliance with the specifications, terms and conditions established herein. (2) Availability of funds 2.7. BIDDER'S MINIMUM QUALIFICATIONS Bids will only be considered from firms that are regularly engaged in the business of providing continuous services as described in this Bid. The Bidder(s) shall: 1. Have a minimum of three (3) consecutive years' experience in boat maintenance and repairs and other related marine services; 2. Have a minimum of three (3) consecutive years providing said services with the same Federal Employee Identification Number ("FEIN"); 3. Submit signed Certification Statement and Certification Section; 4. Submit certification evidencing that the Successful Bidder is a certified mechanic with experience in Yamaha and Mercury boat engines; 5. Submit copies of certifications of the personnel that are Factory Certified Repair Technicians, directly employed by the Successful Bidder(s)' firm, for the lines for which the Successful Bidder(s)' firm would like to be considered for (Refer to Section 3.2 for further details); 6. Submit three (3) references, in the Certification Section, evidencing the minimum three (3) consecutive years' experience in boat maintenance and repairs, as well as other related marine services. References provided shall cover each product line being bid, and said reference may serve for all product lines provided; Invitation for Bid (IFB) 1781386 7. Have a facility within the City of Miami limits for Group 5-Haul Out -Hurricane Plan; 8. Have sufficient financial support, equipment to insure that they can satisfactorily provide the goods and/or services if awarded a contract the terms and conditions herein; 9. 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 10. 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. Failure to submit signed Certification Statement, Certification Section, references, and certifications for personnel for your firm, with your bid submittal, shall render your bid non- responsive. 2.8. SUBCONTRACTORS SHALL BE IDENTIFIED As part of its Bid, the Bidder is required to identify any and all subcontractors that will be used in the performance of the proposed contract, their capabilities, experience and the portion of the work to be done by the subcontractor. Failure to identify any and all subcontractors in the Bid may render the Bid non -responsive. The Successful Bidder(s) shall not, at any time during the tenure of the contract, subcontract any post of the operations or assign any portion or part of the contract, to subcontractors not originally mentioned in the Bid, except under and by virtue of permission granted by the City through the proper officials. Nothing contained in these specifications shall be construed as establishing any contractual relationship between any subcontractor and the City. The Successful Bidder(s) shall submit all subcontractor reference information including contact, address, phone, email, copies of licenses/certifications required by the State of Florida and/or Miami -Dade County and be fully responsible to the City for the acts and omissions of the subcontractor and their employees, the same as for acts and omissions of persons employed by the Successful Bidder(s). 2.9. REFERENCES Each bid must be accompanied by a three (3) past performance references for each Line or Group for which Bidder(s)' firm submitted a response from similar sized customers who the Bidder has provided these services to within the last three (3) years in the Certification Section of this solicitation. References provided shall include the name of the company, dates of contract, description of goods or services supplied, a contact person, the telephone number, and email The Bidder may only use one (1) department as a reference from each entity. This is reflected in the Certifications Section of this Solicitation. NO BID WILL BE CONSIDERED WITHOUT THIS LIST. 2.10. INSURANCE REQUIREMENTS INDEMNIFICATION Successful Bidder(s) 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(s) and persons employed or utilized by Successful Bidder(s) in the performance of this Contract. Successful Bidder(s) 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(s) shall, upon written notice from the City, resist and defend such action or proceeding by counsel Invitation for Bid (IFB) 1781386 satisfactory to the City. The Successful Bidder(s) expressly understands and agrees that any insurance protection required by this Contract or otherwise provided by the Successful Bidder(s) 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(s) 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(s), or persons employed or utilized by Successful Bidder(s). 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(s) 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(s) 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(s) in which the City participated either through review or concurrence of the Successful Bidder(s)'s actions. In reviewing, approving or rejecting any submissions by the Successful Bidder or other acts of the Successful Bidder(s), the City, in no way, assumes or shares any responsibility or liability of the Successful Bidder(s) 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(s). Insurance Addendum for insurance definitions, requirements, and conditions. 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 A. Limits of Liability Statutory - State of Florida Waiver of Subrogation USL&H Endorsement Employer's Liability A. Limits of Liability $1,000,000 for bodily injury caused by an accident, each accident $1,000,000 for bodily injury caused by disease, each employee $1,000,000 for bodily injury caused by disease, policy limit (2) Commercial General Liability: A. Limits of Liability Bodily Injury and Property Damage Liability - Each Occurrence: $1,000,000 General Aggregate Limit: Products and Completed Operations: Personal and Advertising Injury: B. Endorsements Required: City of Miami included as an Additional insured Contingent and Contractual Liability Premises and Operations Liability Primary Insurance Clause (3) Business Automobile Liability Invitation for Bid (IFB) 1781386 $2,000,000 $1,000,000 $1,000,000 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) Protection and Indemnity Liability A. Limits of Liability Each Occurrence Jones Act Included City of Miami listed as additional insured (5) Umbrella Liability $1,000,000 A. Limits of Liability Bodily Injury and Property Damage Liability Each Occurrence $1,000,000 Aggregate $1,000,000 City of Miami listed as additional insured. Excess Follow form over all applicable liability policies contained herein. (6) Hull and Machinery/Mobile Equipment per declared value (7) Ship Repairers Liability Included Invitation for Bid (IFB) 1781386 The above policies shall provide the City of Miami with written notice of cancellation in accordance with policy provisions. BINDERS ARE UNACCEPTABLE. The insurance coverage required shall include those classifications, as listed in standard liability insurance manuals, which most nearly reflect the operations of the Successful Bidder(s). 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(s) of their 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(s) shall be responsible for submitting new or renewed insurance certificates to the City at a minimum of ten (10) calendar days in advance of such expiration. - -In the event that expired certificates are not replaced with new or renewed certificates which cover the contractual period, the City shall: (4) Suspend the Contract until such time as the new or renewed certificates are received by the City in the manner prescribed in the Invitation To Bid. (5) The City may, at its sole discretion, terminate this Contract for cause and seek re -procurement damages from the Successful Bidder(s) in conjunction with the General and Special Terms and Conditions of the Bid. The Successful Bidder(s) shall be responsible for assuring that the insurance certificates required in conjunction with this Section remain in force for the duration of the contractual period; including any and all option terms that may be granted to the Successful Bidder(s). 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. Invitation for Bid (IFB) 1781386 2.12. CURES Please refer to Section 1.56 Notice Regarding "Cures" of the General Terms and Conditions of this solicitation. 2.13. SUBMISSION AND RECEIPT OF BIDS Please refer to Section 1.80, Submission and Receipt of Bids of the General Terms and Conditions of this solicitation. 2.14. 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, of 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 provision in Attachment A. If a solicitation requires services, effective on January 1, 2017, the Successful Bidder(s) must pay to all their 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 per 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. 2.15. 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. (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. Invitation for Bid (IFB) 1781386 2.16. APPROVED EQUAL PRODUCT Manufacturer's name, brand name and model/style number when used in these specifications are for the sole purpose of establishing minimum requirements of levels of quality, standards of performance and design required and is in no way intended to prohibit the bidding of other manufacturer's brands of equal material, unless otherwise indicated. Equal (substitution) may be bid, provided product so bid is found to be equal to quality, standards of performance, design, etc., to item specified, unless otherwise indicated. Where equal is proposed, bid must be accompanied by complete factory information sheets (specifications, brochures, etc.) and test results of unit bid is equal. Failure to do so at time of bid submittal may deem your bid non -responsive. 2.17. QUALITY AND MANUFACTURE The apparent silences of these Specifications as to any details or the apparent omission from it of a detailed description concerning any point, shall be regarded as meaning that only materials and workmanship of first quality are to be used. All interpretations of these specifications shall be made upon the basis of this statement. Specifications, brands and manufacturers' names, where given, are to establish product type and quality required. Any equal thereto will be considered, subject to the approval of the City of Miami. Bidders shall indicate on Price lines attributes, the manufacturer, brand and model or style number they intend to supply to the City, for each item bid. All materials shall be new, of current manufacturer, and shall carry standard warranties. No substitutions shall be allowed after the bid is awarded unless so authorized by the City. The City reserves the right to perform its own testing procedures or to send any and all samples to any certifiable laboratory for analysis. Any and all costs for testing shall be borne by the Successful Bidder. On the basis of this testing and analysis, the City shall be the sole judge of the acceptability of the sample in conjunction with the bid specifications and its decision shall be final. Any sample submitted shall create an express warranty that the whole of the goods and/or services to be provided by the Bidder during the contract period shall conform to the sample submitted. The Successful Bidder shall be required to provide adequate restitution to the City, in the manner prescribed by the City if this warranty is violated during the term of the contract. 2.18. PACKING SLIP/DELIVERY TICKET TO ACCOMPANY ITEMS DURING DELIVERY The Successful Bidder shall enclose a complete packing slip or delivery ticket with any items to be delivered in conjunction with this bid. The packing slip shall be attached to the shipping cartons which contains the items and shall be made available to the City's authorized representative during delivery. The packing slip or delivery ticket shall include, at a minimum, the following information: purchase order number, date of order, a complete listing of items being delivered, and back -order quantities and estimated delivery of back -orders if applicable. 2.19. NON -APPROPRIATION OF FUNDS In the event no funds or insufficient funds are appropriated and budgeted or are otherwise unavailable in any fiscal period for payments due under this Contract, then the City, upon written notice to the Successful Bidder 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 project(s) will be awarded to any firm(s). 2.20. PROJECT MANAGERS Upon award, Successful Bidder(s) shall report and work directly with Lt. Oriel Tameron, for Police, and Jose Davila Sr., for Fire, or designee, who shall be designated the Project Manager for the City of Miami. Invitation for Bid (IFB) 1781386 2.21. WARRANTY Equipment hereinafter specified shall be fully guaranteed by the Successful Bidder(s) against factory defects. Any defects which may occur as the result of either faulty material or workmanship within the period of the manufacturer's standard warranty will be corrected by the Successful Bidder(s) without expense to the City of Miami. Successful Bidder(s) shall indicate the terms of the manufacturer's standard warranty, and any specially offered optional warranty available. The manufacturer's warranties on items covered by this contract shall be considered, whereas Successful Bidder(s) shall obtain warranty schedules and call upon manufacturer for warranty claims If the Successful Bidder(s) fails to honor the warranty and/or fails to correct or replace the defective work or items within the period specified, the City may, at its discretion, notify the Bidder, in writing, that the Bidder may be debarred as a City Bidder and/or subject to contractual default if the corrections or replacements are not completed to the satisfaction of the City within ten(10) calendar days of receipt of this notice. If the Bidder fails to satisfy the warranty within the period specified in the notice, the City may (a) place the Bidder in default of its contract, and/or (b) procure the products or services from another vendor and charge the Bidder for any additional costs that are incurred by the City for this work or items: either through a credit memorandum or through invoicing. 2.22. USE OF PREMISES The Successful Bidder(s) shall confine their equipment, apparatus, the storage of materials, and the operation of their workmen to the limits indicated by law, ordinances, permits, or direction of the Project Manager, or designee, and shall not unreasonably encumber the premises with their materials. The Successful Bidder(s) shall take all measures necessary to protect their own materials. 2/3. DAMAGES TO PUBLIC/PRIVATE PROPERTY Any damage caused by the Successful Bidder(s) shall be reported to the Project Manager, or designee, either in person or in writing. Successful Bidder(s) shall be responsible for paying for any and all damages of which may be paid via credit against monthly billing or by direct payment. The Successful Bidder(s) shall carry out the work with such care and methods as not to result in damage to public or private property adjacent to the work. Should any public or private property be damaged or destroyed, the Successful Bidder(s), at their expense, shall repair or make restoration as is practical and acceptable to the City and/or owners of destroyed or damaged property promptly within a reasonable length of time. (Not to exceed one month from date damage was done). 2.24. RESPONSE TIME Response times for each Group are listed in Section 3.1, Scope of Work, of this document. The City shall be the sole determiner in what constitutes an emergency response time request. Response time and completion time may be considered a factor in determining whether the primary, secondary, or tertiary Successful Bidder(s) will be granted the order. 2.25. DELIVERY Successful Bidder(s) shall make delivery of any item(s) ordered herein within the required period of time specified on the purchase order. Failure to deliver as specified may be cause to deem the Successful Bidder in default. 2/6. SAFETY MEASURES Successful Bidder(s) shall take all necessary precautions for the safety of employees, and shall erect and properly maintain at all times all necessary safeguards for the protection of the employees and the public. Danger signs warning against hazards created by their operation and work in progress must be posted. Successful Bidder(s) shall Invitation for Bid (IFB) 1781386 provide adequate barriers, flag person, traffic cones, signs and/or warning devices during the performance of the contract. All employees of Successful Bidder(s) shall be expected to wear safety glasses or goggles, appropriate clothing, and hearing protection when and wherever applicable. The Successful Bidder(s) shall use only equipment that is fully operational and in safe operating order. Equipment remaining on site shall be locked and secure. All hand tools shall be removed daily from the site. Successful Bidder(s) shall be especially careful when servicing property when pedestrians and/or vehicles are in close proximity - work shall cease until it is safe to proceed. Any damage to public or private property as the result of operations of the Successful Bidder(s), shall be the sole responsibility of the Successful Bidder(s) and shall be repaired by the Successful Bidder(s), their forces, or their selected personnel, within a reasonable length of time (not to exceed one month from the date damage was done), to the satisfaction of the Project Manager, or designee. 2.27. PUBLIC SAFETY The Successful Bidder(s) shall conduct their work so as to interfere as little as possible with private business or public travel. The Successful Bidder(s) shall, at their own expense, whenever necessary or required, maintain barricades, maintain lights, and take such other precautions as may be necessary to protect life and property, and the Successful Bidder(s) shall be liable for all damages occasioned in any way by their actions or neglect or that of its agents or employees. The Successful Bidder(s) shall meet the following noise abatement performance standards for all construction equipment: Between the hours of 7:00 A.M. and 10:00 P.M. noise levels shall not exceed 65 dBA at the nearest residential or commercial property line. Operation of equipment should be avoided between the hours of 10:00 P.M. and 7:00 A.M., but if required, the noise level shall not exceed 65 dBA. 2.28. METHOD OF PAYMENT Full payment will be made upon receipt and acceptance of a complete unit(s). No down or partial down payments will be made. 2.29. PARTS AT PASS THROUGH COST The cost for all parts associated with any work performed for Groups 1, 2, and 4 will be at a pass through cost to the City of Miami. Successful Bidder shall submit purchase receipt of parts along with labor invoice for payment. Successful Bidder shall be responsible for sourcing all parts necessary to complete the work requirements of each job specification or this contract. Replacement parts furnished must meet Original Equipment Manufacturer (OEM) standards or an authorized, approved by the City, 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 shall not be used as replacements. 230. SPECIFICATION EXCEPTIONS Specifications are based on the most current literature available. Bidder shall notify the City of Miami Department of Procurement, in writing, no less than ten (10) days prior to solicitation closing date of any change in the manufacturers' specifications which conflict with the specifications. For electronic bid submittals, Bidders must submit the explanation as an attachment and if applicable attach a scanned copy of the manufacturers' specifications Invitation for Bid (IFB) 1781386 data detailing the changed items with their submission. Additionally, Bidders must indicate any options requiring the addition of other options, as well as those which are included as a part of another option. Failure of Bidders to comply with these provisions will result in Bidders being held responsible for all costs required to bring the items in compliance with contract specifications. 231. ADDITION/DELETION 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 supplier shall be invited to submit price quotes for these new facilities/products/items/services. If these prices are not competitive or not carried, the City maintains the right to add additional suppliers to 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 addendum and a separate purchase order shall be issued by the City. 232. FAILURE TO PERFORM Should it not be possible to reach the Successful Bidder(s) or authorized representative(s) and/or should remedial action not be taken within twenty-four (24) hours on any failure to perform, the City reserves the right to declare Successful Bidder(s) in default of the contract or make appropriate reductions in the contract payment or terminate the contract for cause. 233. 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 to 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. 234. 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. 235. 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, Invitation for Bid (IFB) 1781386 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. 2.36. PRIMARY CLIENT (FIRST PRIORITY) The Successful Bidder(s) 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(s) may have with any other cities and/or counties to perform similar services as a result of any catastrophic events such as tornadoes, hurricanes, severe storms or any other public emergency impacting various areas during or approximately the same time. 2.37. TERMINATION A. FOR DEFAULT If Successful Bidder(s) 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(s) was not in default or (2) the Successful Bidder(s)'s failure to perform is without their or their 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(s) will be compensated in accordance with an agreed upon adjustment of cost. To the extent that this Contract is for services and so terminated, for 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. 238. 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. If a Professional Services Agreement (PSA) or other Agreement is provided by the City and is expressly included as part of this solicitation, no additional terms or conditions which materially or substantially vary, modify or alter the terms or conditions of the PSA or Agreement, in the sole opinion and reasonable discretion of the City will be considered. Any and all such additional terms and conditions shall have no force or effect and are inapplicable to this PSA or Agreement. 239. FIXED AND FIRM PRICING All prices quoted are fixed and firm throughout the term of the Contract. Invitation for Bid (IFB) 1781386 2.40. EQUITABLE ADJUSTMENT The Procurement Department may, in its sole discretion, make an equitable adjustment in the Contract pricing if pricing or availability of supply is affected by extreme or unforeseen volatility in the marketplace, that is, by circumstances that satisfy all the following criteria: (1) the volatility is due to circumstances beyond the Successful Bidder(s) control, (2) the volatility affects the marketplace or industry, not just the particular Contract source of supply, (3) the effect on pricing or availability of supply is substantial, and (4) the volatility so affect the Successful Bidder(s) that continued performance of the Contract would result in substantial loss. Successful Bidder(s) might have to supply documentation to justify any requested percentage increase in cost to the City of Miami. Invitation for Bid (IFB) 1781386 3. Specifications 3.1. SPECIFICATIONS/SCOPE OF WORK The intent of these specifications is to identify the types of equipment and define required repairs. The repairs shall include repairs, maintenance and restoring marine engines and watercraft to original manufacturer's performance standards. Repairs include, but are not limited to, engine, transmission, boat hull, ship carpentry, welding, mechanical, electrical, wax, rub rail repairs, gel coat repair (inclusive of the Keel plate), upholstery, canopy repairs, canvas/T-top replacement, electronics (Garmin, radio, navigational equipment), antennas, VHF radio, and stirring pumps. The City of Miami Marine Patrol currently has the following eight (8) vessels with the expectancy of receiving a new vessel by the end of the year: 1. 2006 Contender 2601 2. 2006 Contender 2602 3. 2006 Contender 2603 4. 2019 Contender 1901 5. 2007 Safe boat 2605 - 6. 2007 Safe boat 2606 - 7. 2018 Contender 1801 8. 2018 Contender 1802 9. 2023 Metal Shark - - 28' open fisherman, two (2) 250 HP Yamaha outboard; - 28' open fisherman, two (2) 250 HP Yamaha outboard; - 28' open fisherman, two (2) 250 HP Yamaha outboard; - 28' open fisherman, two (2) 300 HP Yamaha outboard; 27' open fisherman, two (2) 300 HP Yamaha outboard; 27' open fisherman, two (2) 300 HP Yamaha outboard; - 25' open fisherman, single 300 HP Yamaha outboard; - 25' open fisherman, single 300 HP Yamaha outboard; and 28' open fisherman, two (2) 300 HP Yamaha outboard (currently being built). Bidders are not required to bid on all items, only the items for which they are qualified to perform services on, or catalog parts which they are authorized to sell (only applicable to Groups 1-4). GROUP 1: Labor (Parts at Pass Through Cost) Scone of Work A. Certification To perform repairs and maintenance on the CATERPILLAR Engines, ULTRA JET SET drive parts, ZF MARINE TRANSMISSION, YAMAHA engines, MERCURY engines, KOHLER generators, or marine electronics (i.e., GPS, navigation, radar, antenna, speakers, etc.) on board Fire Boat #1, or any of the City of Miami's Marine Patrol vessels, the Successful Bidder(s) shall use only Factory Certified trained Technicians for each of these components, who are directly employed and supervised by the Successful Bidder. Successful Bidder(s) shall use reasonable care to maintain the boat motors and related equipment in proper operating condition at all times. Proof of certification, as stated in Section 2.7, must be submitted with the Bid, or your bid may be deemed non -responsive. B. Response Time and Emergency Service CATERPILLAR engines, YAMAHA engines, MERCURY engines, ULTRA jet drives parts, ZF MARINE transmission, and KOHLER generators: next business day for standard repairs/maintenance and four (4) hour emergency response time. C. Parts Availability When replacement parts are needed, the Successful Bidder(s) shall use Original Equipment Manufacturers (OEM) parts or parts that are equal in quality to the original parts, NON -OEM parts must be approved by the Project Manager(s) or designee in writing. The Successful Bidder(s) shall stock an adequate assoilinent of OEM parts to Invitation for Bid (IFB) 1781386 expeditiously repair and return to service the malfunctioning item/equipment. The City reserves the right, if it deems necessary, to purchase replacement parts and equipment according to City Procurement ordinances and regulations. Successful Bidder(s) agrees to install and maintain such parts and equipment. Successful Bidder(s) can either replace/repair parts or equipment that fail during the warranty period stated in the Successful Bidder(s)' Bid. If requested by the Project Manager(s) or designee, the Successful Bidder(s) shall acquire specialty parts through next day air freight. D. Location of Services The Successful Bidder(s) shall respond to the normal docking location of the watercrafts, unless advised that the watercraft is to be serviced or dry docked at a different location within the City. E. Cost Evaluation Prior to Repair The Successful Bidder(s) shall notify the Project Manager(s) or designee in writing, prior to making repairs, as to the anticipated costs involved. This notification shall be provided after the performance test/inspection and prior to any repairs. Successful Bidder(s) must have the Project Manager's or designee's approval in writing, prior to engaging in any repair work. F. Hourly Labor Rate (Engine and Drive Work) The hourly labor rate charges for engine and drive work shall be in accordance with the hours listed in the current engine manufacturer flat rate manual. The City shall be charged a flat rate based upon multiplying the hourly rate bid by the number of hours and tenths listed for each operation. If the operation requires removing broken or corroded screws, or if the Successful Bidder(s) feels that the particular operation requires work in excess of the hours listed, or if the Successful Bidder(s) requires additional hours to secure parts or supplies, additional time may be requested to complete the operation. However, if the Project Manager or designee determines that the Successful Bidder(s)' request is excessive, then the City reserves the right to re -bid that work to the next Successful Bidder(s) and award to the lowest responsive and responsible Bidder. G. Service Call Charge (if any) A service call charge may be added to have a technician(s) mobilize to the location of the vessel. This will be limited to a one-time flat fee per call, and not a daily charge (i.e., if repairs require more than one day, the service call charge will be applicable for the duration of the repair). GROUP 2: One Hundred (100) Hour Service Interval: Maintenance Inspections on the Engines (Inclusive of all Parts and Labor) Scope of Work A. Certifications One hundred (100) services on YAMAHA or MERCURY engines on board any of the City's vessels, shall be performed by Factory Certified trained Technicians, who are directly employed and supervised by the Successful Bidder(s). Technicians shall take reasonable care in maintaining the boat motors and related equipment in proper operating condition at all times. Proof of certification, as stated in Section 2.7. shall be submitted with the Bidder's Bid or Bid may be deemed non -responsive. B. Response Time and Emergency Service YAMAHA and MERCURY engines maintenance and repair: next business day for standard repairs/maintenance and four (4) hour emergency response time. Invitation for Bid (IFB) 1781386 C. Parts Availability When replacement parts are needed, the Successful Bidder(s) shall use OEM parts or parts that are equal in quality to the original parts, NON -OEM parts must be approved by the Project Manager(s) or designee in writing. The Successful Bidder(s) shall stock an adequate assoitiuent of OEM parts to expeditiously repair and return to service the malfunctioning item/equipment. The City reserves the right, if it deems necessary, to purchase replacement parts and equipment according to City Procurement ordinances and regulations. Successful Bidder(s) agrees to install and maintain such parts and equipment. Successful Bidder(s) can either replace/repair parts or equipment that fail during the warranty period stated in the Successful Bidder(s)' Bid. If requested by the Project Manager(s) or designee, the Successful Bidder(s) shall acquire specialty parts through next day air freight. D. Location of Services The Successful Bidder(s) shall respond to the normal docking location of the watercrafts, unless advised that the watercraft is dry docked at a different location within the City. E. Cost Evaluation Prior to Repair The Successful Bidder(s) shall notify the Project Manager(s) or designee in writing, prior to making repairs, as to the anticipated costs involved. This notification shall be provided after the performance test/inspection and prior to any repairs. Successful Bidder(s) must have the Project Manager's or designee's approval in writing, prior to engaging in any repair work. F. Hourly Labor Rate (Engine and Drive Work) The hourly labor rate charges for engine and drive work shall be in accordance with the hours listed in the current engine manufacturer flat rate manual. The City shall be charged a flat rate based upon multiplying the hourly rate bid by the number of hours and tenths listed for each operation. If the operation requires removing broken or corroded screws, or if the Successful Bidder(s) feels that the particular operation requires work in excess of the hours listed, or if the Successful Bidder(s) requires additional hours to secure parts or supplies, additional time may be requested to complete the operation. However, if the Project Manager or designee determines that the Successful Bidder(s)' request is excessive, then the City reserves the right to re -bid that work to the next Successful Bidder(s) and award to the lowest responsive and responsible Bidder. GROUP 3: Parts Only, Minimum Percent (%) Discount Off Parts Catalog (List Catalogs) Scope of Work (Insurance Requirements will not Apply to this Group) The City may purchase parts from the Successful Bidder(s) to have for its inventory or for installation by City staff. The City will use the % discount provided by the Successful Bidder(s) for the applicable line items to calculate the cost from the Manufacturer's Suggested Retail Price (MSRP). This is the only group that will allow for parts at a discount from the MSRP. Whenever labor, maintenance, service or repairs are being provided along with the parts, the Successful Bidder(s) shall invoice parts at the Pass -Through Cost as stated in Section 2.30. A. Response Time and Emergency Parts Parts: three (3) business days for standard orders, next day for emergency part orders. The City will pay for additional shipping/freight, if approved in writing. Invitation for Bid (IFB) 1781386 GROUP 4: Fiberglass/Aluminum Boat Hull Repair (Parts at Pass Through Cost) Scope of Work The Successful Bidder(s) shall provide an hourly labor rate for structural and cosmetic repairs to fiberglass/aluminum boats including all necessary equipment. Material necessary for repairs shall be invoiced at the pass -through cost. Successful Bidder(s) shall provide these services on an as needed basis. A. Response Time and Emergency Service Boat hull and repair: next business day for standard repairs. No emergency requirement for this group. B. Service Call Charge (if any) A service call charge may be added to have a technician(s) mobilize to the location of the vessel. This will be limited to a one-time flat fee per call, and not a daily charge (i.e., if repairs require more than one day, the service call charge will be applicable for the duration of the repair). GROUP 5: Haul -Out Hurricane Plan Scope of Work The Successful Bidder(s) shall be able to provide in -water storage or hoist our -of -water space, whichever is available at the time of need, for the thirty-five (35') foot (ft.) Marlin, forty-eight (48') ft. City Fireboat 1, and fifty- one (51') ft. Houseboat in the event of a hurricane, or hurricane warning between June and November of each year. In -water storage shall be in a covered and protected area. These City boats shall be the last in the facility and shall be the first back in the water after the storm. Prices submitted shall be all inclusive. Storage facility shall be located within the municipal limits of the City. GROUP 6: Barnacle Removal Scope of Work The Successful Bidder(s) shall perform barnacle removal for the City of Miami Fire -Rescue Marine Operations Vessels, onsite at the location listed below, yearlong, bi-monthly (photos and videos shall be available upon request): 1. Two (2), 50-foot (ft.) Metal Craft Aluminum Fireboats; 2. One (1), 50 ft. Houseboat Fire Station; 3. One (1), 27 ft. Boston Whaler Center Console; and 4. One (1), 35 ft. Marlin Center Console. Vessel Location: Bayside Marina 401 Biscayne Blvd. Miami, FL 33132 Houseboat Location: Dinner Key Marina 3400 Pan American Drive Miami, FL 33133 Invitation for Bid (IFB) 1781386 The Successful Bidder shall: 1. Clean barnacles, algae, and any fouling below the waterline; and 2. Perform multi -point underwater inspections of zincs, running gear, bottom paint, and report findings on every service. Notes: 1. The Successful Bidder(s) shall be responsible for the barnacle removal for all the Fire boats. Bamacle removal for the City of Miami Marine Patrol boats will be done by the City; 2. Repair Services: If Successful Bidder is within the City limits, the vessels will be taken to the Successful Bidder's facility. If Successful Bidder is not within the City limits, the Successful Bidder will go to the City Marina where the vessel is located; and 3. Additional work outside the scope of work must be reported to the Project Manager or designee prior to the commencement of work. No work shall be completed without the written approval of the Project Manager or designee. The Successful Bidder(s) 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(s) shall be paid at the Successful Bidder(s)'s expense. BID PRICE SHEET IFB 1781386, Boat Maintenance, Repairs, Parts, and Related Marine Services, Citywide Item Description Qty UOM Unit Price GROUP 1: Labor (All Parts at Pass Through Cos ) 1.1 Yamaha Engines: Maintenance and Repair 1 Hour $155/HR Service Call Charge (If Any) 1 Each *Warranty on Labor (Number of Days) Day 30 *Warranty on Parts (Number of Days) Day 30 1.2 Mercury Engines: Maintenance and Repair 1 Hour $155/ HR Service Call Charge (If Any) 1 Each *Warranty on Labor (Number of Days) Day 30 *Warranty on Parts (Number of Days) Day 30 1 3 Marine Electronic Repairs (i.e., GPS, navigation, radar, antenna, speakers, etc.) 1 Hour $155/ HR Service Call Charge (If Any) 1 Each *Warranty on Labor (Number of Days) Day 30 *Warranty on Parts (Number of Days) Day 30 1.4 Caterpillar Engines: Maintenance and Repair 1 Hour Service Call Charge (If Any) 1 Each *Warranty on Labor (Number of Days) Day *Warranty on Parts (Number of Days) Day 1.5 Ultra Jet Drives: Maintenance and Repair 1 Hour Service Call Charge (If Any) 1 Each *Warranty on Labor (Number of Days) Day *Warranty on Parts (Number of Days) Day 1.6 ZF Marine Transmission: Maintenance and Repair 1 Hour Service Call Charge (If Any) 1 Each *Warranty on Labor (Number of Days) Day *Warranty on Parts (Number of Days) Day 1.7 Kohler Generator: Maintenance and Repair 1 Hour Service Call Charge (If Any) 1 Each *Warranty on Labor (Number of Days) Day *Warranty on Parts (Number of Days) Day BID PRICE SHEET IFB 1781386, Boat Maintenance, Repairs, Parts, and Related Marine Services, Citywide Item Description Qty UOM Unit Price GROUP 2:100 Hour Service Interval: Maintenance Inspections on the Engines (Inclusive of all Parts and Labor) #REF! 2.1 Yamaha Engines $155/ HR (YAM does sparkplugs @100hr + parts$ 1 HR $775.5C *Warranty on Labor (Number of Days) Day 30 *Warranty on Parts (Number of Days) Day 30 2.2 Mercury Engines Which veradoL6 or v8-v10 $155/HR 1 HR $715.00 *Warranty on Labor (Number of Days) Day 30 *Warranty on Parts (Number of Days) Day 30 GROUP 3: Parts only Minimum Percent Discount Off Parts Catalog (Lis Catalogs) $0.00 3.1 Minimum Percent Discount Off Manufacturer's List Price Catalog for Caterpiller Engines (express as a decimal, i.e., 15% discount = .15) /Off 3.2 Minimum Percent Discount Off Manufacturer's List Price Catalog for Yamaha Engines (express as a decimal, i.e., 15% discount = .15) / Off .25 3.3 Minimum Percent Discount Off Manufacturer's List Price Catalog for Mercury Engines (express as a decimal, i.e., 15% discount = .15) / Off .25 3.4 Minimum Percent Discount Off Manufacturer's List Price Catalog for Ultra Jet (express as a decimal, i.e., 15% discount = .15) /Off 3.5 Minimum Percent Discount Off Manufacturers List Price Catalog for ZF Marine Transmission (express as a decimal, i.e., 15% discount = .15) / Off 3.6 Minimum Percent Discount Off Manufacturer's List Price Catalog for Kohler Generator (express as a decimal, i.e., 15% discount = .15) /Off 3 Minimum Percent Discount Off Manufacturers List Price Catalog not listed above (express as a decimal, i.e., 15% discount = .15) / Off .25 GROUP 4: Fiberglass/Aluminum Boat Hull Repair (with Parts at Pass Through Cost) $0.00 4.1 Boat Hull Repair: Fiberglass 1 HR $175/ HR Service Call Charge (If Any) 1 HR *Warranty on Labor (Number of Days) Day 30 *Warranty on Parts (Number of Days) Day 4.2 Boat Hull Repair: Aluminum 1 HR Service Call Charge (If Any) 1 HR *Warranty on Labor (Number of Days) Day *Warranty on Parts (Number of Days) Day GROUP 5: Haul -Out Hurricane Plan $0.00 5.1 Cost to Haul -Out Thirty -Five (35') foot (ft.) Marlin Boat and Release back into water 1 Each BID PRICE SHEET IFB 1781386, Boat Maintenance, Repairs, Parts, and Related Marine Services, Citywide Item Description Qty UOM Unit Price 5.2 Daily Cost to Store Thirty -Five (35') foot (ft.) Marlin Boat 1 Each 5.3 Cost to Haul -Out Fifty (50') foot (ft.) Fireboat and Release back into water 1 Each 5.4 Daily Cost to Store Fifty (50') foot (ft.) Fireboat 1 Each 5.5 Cost to Haul -Out Fifty (50') foot (ft.) Houseboat and Release back into water 1 Each 5.6 Daily Cost to Store Fifty (50') foot (ft.) Houseboat 1 Each GROUP 6: Barnacle Removal: Clean Barnacles, Algae, and Fouling below Waterline, Multi -Point Underwater Inspection of Zincs, Running Gear, Bottom Paint, Report Findings (Yearlong, Bi- Monthly) $0.00 6.1 Two (2), 50ft. Metal Craft Aluminum Fireboats 26 Each 6.2 One (1), 50ft. Houseboat Fire Station 26 Each 6.3 One (1), 27ft. Boston Whaler Center Console 26 Each 6.4 One (1), 35ft. Marlin Center Console 26 Each TOTAL $0.00 * For Information Purposes Only 0O2379 Local Business Tax Receipt Miami -Dade County, State of Florida -THIS IS NOT A BILL -DO NOT PAY 5789731 BUSINESS NAME/LOCATION iMIAMI NAUTIQUE 3828 NW 2ND AVE MIAMI FL 33127-2920 OWNER MIAMI SKI NAUTIQUE INC Employees) RECIIPT NO. RENEWAL 6037089 SEC. TYPE OF BUSINESS 214 RETAIL SALES EXPIRES SEPTEMBER 30, 2024 Must be displayed at place of business Pursuant to County Code Chapter 8A - Art. 9 & 10 PAYMENT RECEIVED BY TAX COLLECTOR $45.00 08/18/2023 CHECK21-23-047241 This Local Business Tax Receipt only confirms payment of the Local Business Tax. The Receipt is not a license, permit, or a certification of the holder's qualifications, to do business. Holdermust comply with any governmental or nongovernmental regulatory laws and requirements which apply to the business. The RECEIPT NO. above must be displayed on all commercial vehicles - Miami -Dade Code Sec 8a-276. For more information, visit www.rniamidade.gov]taxcoliector MIAM� C OUNTY COUNTY Tax Collector 200 NW 2nd Avenue Miami, FL 33128 $L1701-221 nett 002379 For information regarding Transfer of Business/Owner, please visit www.miamidade.govrtaxcollector/ MIAMI SKI NAUT1QUE INC 3828 NW 2 AVE B MIAMI FL 33127 ilr n fti.��, ��, j�ir �I► 1.1 r,1111111 J min ,1,1111111i1l"11' Presorted First -Class Mail US Postage PAID Miami, FL Permit #231 CITY OF MIAMI LOCAL OFFICE CERTIFICATION (City Code, Chapter 18, Article III, Section 18-73) Solicitation Type and Number: # I F B 1781386 (i.e. IFQ/IFB/RFP/RFQ/RFLI No. 123456) Solicitation Title: Boat Maintenance, Repairs, Parts, and Related Marine Service, Citywide Miami Nautique International (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 Revised 8/01/2022 PLEASE PROVIDE THE FOLLOWING INFORMATION: Bidder/Proposer Local Office Address: 3828 NW 2ND AVE, 3910 NW 2ND AVE Does Bidder/Proposer conduct verifiable, full- time, on -site employment at the local office for a minimum of forty (40) hours per calendar week? 1 ✓ I YES I 1 NO Is Bidder/Proposer's Local Office tenancy pursuant to a lease? If yes, please enclose a copy of the lease. YES IV' NO 1 I 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 I I 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. Ken Grabeldinger Print Name (Bidder/Proposer Authorized Representative) A'.24f.ff-taigideottri, Signature 05/16/2024 Date FORM -City of Miami Local Office Certification Revised 8/01/2022 2 STATE OF FLORIDA COUNTY OF Ja.Dh- Certified to and subscribed before me this day of dem 9.,,i4„ne r° ". VADIRA B POTTER Notary Public - State of Florida Commission # HH 2O6650 Fan°' My Comm. Expires Dec 21, 2025 j donoed through National Notary Assn. (NOTARY SEAL) Personally Known ,20 02(1 ,by (Si nature of Not. ' ublic-State of Florida) 14012Q argil (Name of Notary Typed, Printed, or Stamped) 1041 qia% au-,eI OR Produced Identification Type of Identification Produced 3 FORM -City of Miami Local Office Certification Revised 8/01/2022 Qitg rri ANNIE PEREZ, CPPO ARTHUR NORIEGA V Procurement Director City Manager July 24, 2024 Ken Grabeldinger Miami Ski Nautiques dba MN Marine Group 3828 NW 2 Avenue Miami, FL 33127 SENT VIA EMAIL ken@miaminautique.com RE: REQUEST FOR CLARIFICATION - INVITATION FOR BID ("IFB") NO. 1781386, BOAT MAINTENANCE, REPAIRS, PARTS, AND RELATED MARINE SERVICE, CITYWIDE Dear Mr. Grabeldinger, The City of Miami's ("City") Procurement Department ('Procurement") is in receipt of the Bid submitted by Miami Ski Nautiques dba MN Marine Group, ("MN Marine") in response to IFB No. 1781386, Boat Maintenance, Repairs, Parts, and Related Marine Service, Citywide. Pursuant to the following line items, your Bid response was as follows: Group 1: Labor (All Parts at Pass Through Cost) Line 1.1: Yamaha Engines: Maintenance and Repair Unit of Measure: Hour Unit Price: $155.00/Hour Number of Units: 1 Total: $155.00/Hour Service Call Charge (if any) Unit of Measure: Each Unit Price: $0.00 Number of Units: 1 Total: $0.00 Line 1.2: Mercury Engines: Maintenance and Repair Unit of Measure: Hour Unit Price: $155.00/Hour Number of Units: 1 Total: $155.00/Hour Service CaII Charge (if any) Unit of Measure: Each Unit Price: $0.00 Number of Units: 1 Total: $0.00 Line 1.3 Marine Electronic Repairs (i.e., GPS, navigation, radar, antenna, speakers, etc.) Unit of Measure: Hour Unit Price: 155.00/Hour Number of Units: 1 Total: $155.00/Hour Service Call Charge (if any) Unit of Measure: Each Unit Price: $0.00 Number of Units: 1 Total: $0.00 Group 4: Fiberglass/Aluminum Boat Hull Repairs (with Parts at Pass Through Cost) Line 4.1 Boat Hull Repair: Fiberglass Unit of Measure: Hour Unit Price: $175.00/Hour Number of Units: 1 Total: 4175.00/Hour Service Call Charge (if any) Unit of Measure: Hour Unit Price: $0.00 Number of Units: 1 Total: $0.00 Please check below the appropriate response: Yes. MN Marine will not charge for Service Calls for Groups 1 and 4 as stated in the line items.. [ ] No. MN Marine does charge for Service Call for Groups 1 and 4, however, failed to submit an amount and understands it cannot change its bid pricing, and are hereby retracting its bid response with no further consideration. Please sign and date below to certify your response above. Kenneth Grabeldinger Print Name Manager /1 Q iL �l/Q E�,e�GY1U Signature 07/29/2024 Title Date Your response to this letter, must be emailed to the attention of Ms. Teresa Soto, at tsoto@miamioov.com or via fax (305)400-5024, by no later than Tuesday, July 30, 2024, at 5:00 PM. Failure to respond by the required deadline may constitute grounds for deeming your quote as non -responsive. Thank you for your cooperation. Sincerely, Annie Perez, CPPO Director/Chief Procurement Officer Department of Procurement AP:ts City of Miami Invitation for Bid (IFB) Procurement Department Miami Riverside Center 444 SW 2nd Avenue, 6th Floor Miami, Florida 33130 Web Site Address: www.miamigov.com/procurement IFB Number: Title: Issue Date/Time: IFB 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: 1781386, 5 Boat Maintenance, Repairs, Parts, and Related Marine Service, Citywide 22-MAR-2024 @ 9:00 A.M. 17-MAY-2024 @ 3:00 P.M. Voluntary 27-MAR-2024 @ 10:00 A.M. Virtual via Microsoft TEAMS 16-APR-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: BIDDER NAME: Barnacle King LLC ADDRESS: PHONE: EMAIL: 1701 NE 14th AVE UNIT 2 Fort Lauderdale, FL 33305 954-952-9140 SIGNED BY: TITLE: FAX: diver@barnacleking.com CELL(Optional): Richard Bassett President DATE: 05-15-2024 FAILURE TO COMPLETE, SIGN, AND RETURN THIS FORM SHALL DISQUALIFY THIS RESPONSE. Certifications Legal Name of Firm: Barnacle King LLC Entity Type: Partnership, Sole Proprietorship, Corporation, etc. Sole Proprietorship Year Established: 2019 Office Location: City of Miami, Miami -Dade County, or Other Other - Broward Federal Employee Identification Number ("FEIN"): 83-4076504 Business Tax Receipt/Occupational License Number: 7296803 Business Tax Receipt/Occupational License Issuing Agency: Dade County Business Tax Receipt/Occupational License Expiration Date: 09/30/2024 Will Subcontractor(s) be used? (Yes or No) No If subcontractor(s) will be utilized, provide their name, address and 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, 1/1/24). If no addendum/addenda was/were issued, please insert N/A. Addendum # 1 04/12/24 Addendum # 2 04/19/24 Addendum # 3 05/01/24 Addendum # 4 05/07/24 Addendum # 5 05/08/24 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? 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. No Does Bidder have any record of criminal activities? (Yes or No) If Yes, please list. No Has Bidder declared bankruptcy within the 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 Reference No. 1: Name of Company/Agency for which Bidder is currently providing the services/goods as described in this Solicitation, of has provided such services/goods in the past: Bentz Construction Reference No. 1: Address, City, State, and Zip for above referenced company/agency listed: 2300 E Las Olas Blvd #2E, Fort Lauderdale, FL 33301 Reference No. 1: Name of Contact Person, Telephone Number, and Email for above Reference No. 1: Bill Bentz (954) 594-0800 Bill@wabentz.com Reference No.1: Date of Contract or Sale for above Reference No. 1: January 2021 - Present 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: Uptown / Lessors INC Reference No. 2: Address, City, State, and Zip for above referenced company/agency listed: 2845 NE 9th St Fort Lauderdale, FL 33304 Reference No. 2: Name of Contact Person, Telephone Number, and Email for above Reference No. 2: James Shapiro (612) 868-8055 jshapiro@lessorsinc.com Reference No. 2: Date of Contract or Sale for above Reference No. 2: December 2020 - Present 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: KW Property Management Reference No. 3: Address, City, State, and Zip for above referenced company/agency listed: 3055 Harbor Dr Fort Lauderdale, FL 33316 Reference No. 3: Name of Contact Person, Telephone number, and Email for above Referenced No. 3: Agustina Garcia (954) 779-2486 agustinag@kwpmc.com Reference No. 3: Date of Contract or Sale for above Referenced No. 3: January 2021 - Present Acknowledge that References were provided for each group for which responses were submitted: YES OR NO. Yes Acknowledge that Certifications for Factory Certified Technicians were submitted (If Applicable): YES OR NO. N/A Invitation for Bid (IFB) 1781386 Table of Contents Terms and Conditions 1. General Conditions 1.1. 1. General Terms and Conditions for Invitation for Bids (IFB) 2. Special Conditions 2.1. PURPOSE 2.2. PRE-BID/PRE-PROPOSAL CONFERENCE 2.3. DEADLINE FOR RECEIPT OF REQUEST FOR ADDITIONAL INFORMATION/CLARIFICATION 2.4. TERM OF CONTRACT 2.5. METHOD OF AWARD 2.6. CONDITIONS FOR RENEWAL 2.7. BIDDER'S MINIMUM QUALIFICATIONS 2.8. SUBCONTRACTORS SHALL BE IDENTIFIED 2.9. REFERENCES 2.10. INSURANCE REQUIREMENTS 2.11. LOCAL OFFICE PREFERENCE 2.12. CURES 2.13. SUBMISSION AND RECEIPT OF BIDS 2.14. CITY OF MIAMI LIVING WAGE ORDINANCE 2.15. TIE BIDS 2.16. APPROVED EQUAL PRODUCT 2.17. QUALITY AND MANUFACTURE 2.18. PACKING SLIP/DELIVERY TICKET TO ACCOMPANY ITEMS DURING DELIVERY 2.19. NON -APPROPRIATION OF FUNDS 2.20. PROJECT MANAGER 2.21. WARRANTY 2.22. USE OF PREMISES 2.23. DAMAGES TO PUBLIC/PRIVATE PROPERTY 2.24. RESPONSE TIME 2.25. DELIVERY 2.26. SAFETY MEASURES 2.27. PUBLIC SAFETY 2.28. METHOD OF PAYMENT 2.29. PARTS AT PASS THROUGH COST 2.30. SPECIFICATION EXCEPTIONS 2.31. ADDITION/DELETION OF FACILITIES/PRODUCTS/ITEMS/SERVICES/SUPPLIERS 2.32. FAILURE TO PERFORM 2.33. LIQUIDATED DAMAGES 2.34. PUBLIC ENTITY CRIMES 2.35. E-VERIFY EMPLOYMENT VERIFICATION 2.36. PRIMARY CLIENT (FIRST PRIORITY) 2.37. TERMINATION 2.38. ADDITIONAL TERMS AND CONDITIONS 2.39. FIXED AND FIRM PRICING 2.40. EQUITABLE ADJUSTMENT Invitation for Bid (IFB) 1781386 3. Specifications 3.1. SPECIFICATIONS/SCOPE OF WORK Invitation for Bid (IFB) 1781386 IMPORTANT NOTICE TO BIDDERS • BID BOND AND PERFORMANCE BOND IS NOT REQUIRED FOR THIS IFB. • REFER TO ATTACHMENT B - BID PRICE SHEET IN THE DOCUMENT SECTION OF BIDSYNC, FOR THE LINE ITEMS OF THIS IFB. • 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 FORMATS 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 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. Terms and Conditions 1. General Conditions Invitation for Bid (IFB) 1781386 1.1. 1. General Terms and Conditions for Invitation for Bids (IFB) 1. GENERAL TERMS AND CONDITIONS FOR INVITATION FOR BID (IFB) - 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/ 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 (City) 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. Invitation for Bid (IFB) 1781386 1.5. ALTERNATE RESPONSES -Alternate responses will not be considered, unless specifically requested by the City. 1.6. ASSIGNMENT - Successful Bidder/Contractor agrees not to subcontract, assign, transfer, convey, sublet, pledge, encumber, or otherwise dispose of the resulting Contract, in whole or in part, or any or all of its rights, title or interest herein, without the 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 price(s) established herein, when permissible by Federal, State, and local laws, rules, and regulations. Each governmental, not -for -profit or quasi -governmental entity which uses this Formal Solicitation and resulting 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 Businesses with Drug -Free Workplace Programs. Invitation for Bid (IFB) 1781386 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 in 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. 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, individual -item basis, or such method of award in the best interest of the City, unless otherwise specified. H. A 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. Invitation for Bid (IFB) 1781386 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 the delivery schedule. When bidding an "APPROVED EQUAL", Bidders shall submit, with their response, complete sets of necessary data (e.g., 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. Invitation for Bid (IFB) 1781386 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 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: 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. I. City Procurement Ordinance, City Code Section 18, Article III. J. Conflict of Interest, City Code Section 2-611;61. K Cone of Silence, City Code Section 18-74. Invitation for Bid (IFB) 1781386 L. The Florida Statutes Sections 218.70 to 218.79, the 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 advertised 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 staff. 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 an e-mail, or fax with a copy to the City Clerk's Office being required. 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) Act 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. Invitation for Bid (IFB) 1781386 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 Bidder's 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 - 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. 1.25. DEBARMENT AND SUSPENSIONS (SECTION 18-107) - A. Authority and requirement to debar/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. Invitation for Bid (IFB) 1781386 B. Causes for debarment/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 a Contract, 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 govemmental 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 for a solicitation 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 may not transact business with any public entity. Invitation for Bid (IFB) 1781386 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 deem 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. Invitation for Bid (IFB) 1781386 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. 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, inmaking 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 omissions 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 (if 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 Invitation for Bid (IFB) 1781386 City and Successful Bidder/Contractor. 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. 134. 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. 135. EXCEPTIONS TO GENERAL TERMS 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 Terms and/or Special Conditions shall be cause for a Bid to be considered non -responsive. 136. 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. 137. 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. Invitation for Bid (IFB) 1781386 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 the Bid Contract, and a 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. B1 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. 139. GOVERNING LAW AND VENUE - The validity and effect of any Bid Contract as a result of this Formal Solicitation shall be govemed 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 attomey'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 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: Invitation for Bid (IFB) 1781386 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 intemal 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 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/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 the City, resist and defend such action or proceeding by counsel satisfactory to the City. The Successful Bidder/Contractor expressly understands and agrees that any insurance protection required by this Contract or otherwise provided by the 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 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/Contractor, or persons employed or utilized by the Successful Bidder/Contractor. Invitation for Bid (IFB) 1781386 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/Contractor shall require all sub-consultant/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 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's/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 City's Procurement Contracting Officer, issuing the Formal Solicitation. Tabulations are also available on the City's website following a recommendation for award. 1.46. INSURANCE - Within ten (10) days after receipt of Notice of Award, the Successful Bidder/Contractor shall furnish the 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) Invitation for Bid (IFB) 1781386 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 of the 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. 1.47. 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, then that non -local Bidder and each of the aforementioned responsive, responsible local Bidders shall have the opportunity to submit a best and final bid equal to or lower than the amount of the low bid previously submitted by the non -local Bidder. Contract award shall be made to the lowest responsive, responsible Bidder submitting the lowest best and final bid. In the case of a tie in the best and final bid between a local Bidder and a non -local Bidder, contract award shall be made to the local Bidder." 1.49. MANUFACTURER'S CERTIFICATION - The City reserves the right to request from Bidders a separate Manufacturer's Certification of all statements made in the Bid. Failure to provide such certification may result in the rejection of the Bid, or termination of the 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 the resultant Purchase Order(s) or Bid Contract, 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 govemed by the most favorable terms and conditions that Successful Bidder/Proposer grants now or in the future to a similarly situated local govemment. 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 Invitation for Bid (IFB) 1781386 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. The 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's supplier's list. 1.54. NONDISCRIMINATION, EQUAL EMPLOYMENT OPPORTUNITY, AND AMERICANS WITH DISABILITIES - 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 the 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 the 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 Invitation for Bid (IFB) 1781386 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 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 within 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 of 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, in 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 required information, sign and upload the Certification Statement. Invitation for Bid (IFB) 1781386 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. 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 Invitation for Bid (IFB) 1781386 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 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 the 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 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. Invitation for Bid (IFB) 1781386 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 provided 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 systems. 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@MIAMIGOV.COM, OR REGULAR MAIL AT CITY OF MIAMI OFFICE OF THE CITY ATTORNEY, 444 SW 2ND AVENUE, 9TH FL, MIAMI, FL 33130. THE CONSULTANT MAY ALSO CONTACT THE RECORDS CUSTODIAN AT THE CITY OF MIAMI DEPARTMENT WHO IS ADMINISTERING 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 (SECTION 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 and all bids rejected 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. Invitation for Bid (IFB) 1781386 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 $25,000.00. 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 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 bid specifications or a bid solicitation may protest to the chief procurement officer. A written notice of intent to file a protest shall be filed with the chief procurement officer within three days after the bid solicitation is published in a newspaper of general circulation. A notice of intent to file a protest is considered filed when received by the chief procurement officer. (2) Protest of award. 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. Invitation for Bid (IFB) 1781386 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 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 served as an appellate or trial court judge. The hearing officer may be appointed from alternative sources (e.g. expert consulting agreements, piggyback contracts, etc.) where the city commission adopts a recommendation of the city attorney that such action is necessary to achieve faimess 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 of protest. 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 a hearing before a hearing officer, at which time the person protesting shall be given the opportunity to demonstrate Invitation for Bid (IFB) 1781386 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 sent by certified mail, return receipt requested, to the mailing address of the protester. 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 shown, 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, an 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 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. Invitation for Bid (IFB) 1781386 (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 $5,000.00, 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 such 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 Contract, except under, and by virtue of written permission granted by the City through the proper officials, which may be withheld or conditioned, in the City's sole discretion. 1.78. 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. Invitation for Bid (IFB) 1781386 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 shall 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 in the Formal Solicitation, the Bidder shall quote not more than the contract price; failure to comply with this request will result in disqualification of the 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 bome 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. 1.82. 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: Invitation for Bid (IFB) 1781386 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 shall 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 attomey'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. 1.88. 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. Invitation for Bid (IFB) 1781386 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. Invitation for Bid (IFB) 1781386 2. Special Conditions 2.1. PURPOSE The purpose of this Solicitation is to establish a contract, for Boat Maintenance, Repairs, Parts, and Related Marine Services, Citywide, as specified herein, from a source(s), fully compliant with the terms, conditions and stipulations of the Solicitation. 2/. PRE-BID/PRE-PROPOSAL CONFERENCE Virtual Voluntary pre -bid conference will be held on Wednesday, March 27, 2024 at 10:00 A.M. via Teams Click here to join the meeting or via phone + 786- 598-2961, ID: 417 744 443#. A discussion of the requirements of the Solicitation will occur at that time. Each potential Bidder is required, prior to submitting a Proposal, 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, which will be distributed through BidSync, following the Pre - Proposal Conference to all the attendees. Because the City considers the Pre -Proposal 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 Tuesday, April 16, 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 with the option to renew for one (1) additional three (3) year period, 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 For Groups 1, 2, and 4 Award of these groups may be made to the three (3) lowest responsive and responsible Bidders meeting specifications, on a line -by -line -item basis: Bidders may bid on one or all items in a group. For each line, the bid with the lowest price, will be deemed the Primary Successful Bidder, the next lowest the Secondary Successful Bidder, followed by the Tertiary Successful Bidder. Should the Primary Successful Bidder not be able to provide the service at the time of need, the City has the option to select the Secondary Successful Bidder and so on, to fulfill the order. For Group 3 Award of this group may be made to the three (3) responsive and responsible Bidders meeting specifications, who provide the highest minimum percent discount, on a line -by -line -item basis. Invitation for Bid (IFB) 1781386 Bidders may bid on one or all items in this group. For each line, the bid with the highest minimum percent discount, will be deemed the Primary Successful Bidder, the next highest the Secondary Successful Bidder, followed by the Tertiary Successful Bidder. Should the Primary Successful Bidder not be able to provide the part(s) at the time needed, the City has the option to select the Secondary Successful Bidder, and so on, to fulfill the order. For Group 5 Award of this group may be made to the three (3) lowest responsive and responsible Bidders meeting specifications, on a group basis. Bidders must bid on all items within this group to be deemed responsive for the group. For this group, the Bidder with the lowest price will be deemed the Primary Successful Bidder, the next lowest price the Secondary Successful Bidder, followed by the Tertiary Successful Bidder. Should the Primary Successful Bidder not be able to provide the service at the time needed, the City has the option to select the Secondary Successful Bidder, and so on, to fulfill the order. For Group 6 Award of this group may be made to the three (3) lowest responsive and responsible Bidders meeting specifications, on a group basis. Bidders must bid on all items within this group to be deemed responsive for this group. For this group, the Bidder with the lowest price in the aggregate will be deemed the Primary Successful Bidder, the next lowest price the Secondary Successful Bidder, followed by the Tertiary Successful Bidder. Should the Primary Successful Bidder not be able to provide the service at the time needed, the City has the option to select the Secondary Successful Bidder, and so on, to fulfill the order. 2.6. CONDITIONS FOR RENEWAL Each renewal of this contract is subject to the following: (1) Continued satisfactory performance compliance with the specifications, terms and conditions established herein. (2) Availability of funds 2.7. BIDDER'S MINIMUM QUALIFICATIONS Bids will only be considered from firms that are regularly engaged in the business of providing continuous services as described in this Bid. The Bidder(s) shall: 1. Have a minimum of three (3) consecutive years' experience in boat maintenance and repairs and other related marine services; 2. Have a minimum of three (3) consecutive years providing said services with the same Federal Employee Identification Number ("FEIN"); 3. Submit signed Certification Statement and Certification Section; 4. Submit certification evidencing that the Successful Bidder is a certified mechanic with experience in Yamaha and Mercury boat engines; 5. Submit copies of certifications of the personnel that are Factory Certified Repair Technicians, directly employed by the Successful Bidder(s)' firm, for the lines for which the Successful Bidder(s)' firm would like to be considered for (Refer to Section 3.2 for further details); 6. Submit three (3) references, in the Certification Section, evidencing the minimum three (3) consecutive years' experience in boat maintenance and repairs, as well as other related marine services. References provided shall cover each product line being bid, and said reference may serve for all product lines provided; Invitation for Bid (IFB) 1781386 7. Have a facility within the City of Miami limits for Group 5-Haul Out -Hurricane Plan; 8. Have sufficient financial support, equipment to insure that they can satisfactorily provide the goods and/or services if awarded a contract the terms and conditions herein; 9. 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 10. 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. Failure to submit signed Certification Statement, Certification Section, references, and certifications for personnel for your firm, with your bid submittal, shall render your bid non- responsive. 2.8. SUBCONTRACTORS SHALL BE IDENTIFIED As part of its Bid, the Bidder is required to identify any and all subcontractors that will be used in the performance of the proposed contract, their capabilities, experience and the portion of the work to be done by the subcontractor. Failure to identify any and all subcontractors in the Bid may render the Bid non -responsive. The Successful Bidder(s) shall not, at any time during the tenure of the contract, subcontract any post of the operations or assign any portion or part of the contract, to subcontractors not originally mentioned in the Bid, except under and by virtue of permission granted by the City through the proper officials. Nothing contained in these specifications shall be construed as establishing any contractual relationship between any subcontractor and the City. The Successful Bidder(s) shall submit all subcontractor reference information including contact, address, phone, email, copies of licenses/certifications required by the State of Florida and/or Miami -Dade County and be fully responsible to the City for the acts and omissions of the subcontractor and their employees, the same as for acts and omissions of persons employed by the Successful Bidder(s). 2.9. REFERENCES Each bid must be accompanied by a three (3) past performance references for each Line or Group for which Bidder(s)' firm submitted a response from similar sized customers who the Bidder has provided these services to within the last three (3) years in the Certification Section of this solicitation. References provided shall include the name of the company, dates of contract, description of goods or services supplied, a contact person, the telephone number, and email The Bidder may only use one (1) department as a reference from each entity. This is reflected in the Certifications Section of this Solicitation. NO BID WILL BE CONSIDERED WITHOUT THIS LIST. 2.10. INSURANCE REQUIREMENTS INDEMNIFICATION Successful Bidder(s) 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(s) and persons employed or utilized by Successful Bidder(s) in the performance of this Contract. Successful Bidder(s) 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(s) shall, upon written notice from the City, resist and defend such action or proceeding by counsel Invitation for Bid (IFB) 1781386 satisfactory to the City. The Successful Bidder(s) expressly understands and agrees that any insurance protection required by this Contract or otherwise provided by the Successful Bidder(s) 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(s) 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(s), or persons employed or utilized by Successful Bidder(s). 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(s) 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(s) 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(s) in which the City participated either through review or concurrence of the Successful Bidder(s)'s actions. In reviewing, approving or rejecting any submissions by the Successful Bidder or other acts of the Successful Bidder(s), the City, in no way, assumes or shares any responsibility or liability of the Successful Bidder(s) 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(s). Insurance Addendum for insurance definitions, requirements, and conditions. 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 A. Limits of Liability Statutory - State of Florida Waiver of Subrogation USL&H Endorsement Employer's Liability A. Limits of Liability $1,000,000 for bodily injury caused by an accident, each accident $1,000,000 for bodily injury caused by disease, each employee $1,000,000 for bodily injury caused by disease, policy limit (2) Commercial General Liability: A. Limits of Liability Bodily Injury and Property Damage Liability - Each Occurrence: $1,000,000 General Aggregate Limit: Products and Completed Operations: Personal and Advertising Injury: B. Endorsements Required: City of Miami included as an Additional insured Contingent and Contractual Liability Premises and Operations Liability Primary Insurance Clause (3) Business Automobile Liability Invitation for Bid (IFB) 1781386 $2,000,000 $1,000,000 $1,000,000 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) Protection and Indemnity Liability A. Limits of Liability Each Occurrence Jones Act Included City of Miami listed as additional insured (5) Umbrella Liability $1,000,000 A. Limits of Liability Bodily Injury and Property Damage Liability Each Occurrence $1,000,000 Aggregate $1,000,000 City of Miami listed as additional insured. Excess Follow form over all applicable liability policies contained herein. (6) Hull and Machinery/Mobile Equipment per declared value (7) Ship Repairers Liability Included Invitation for Bid (IFB) 1781386 The above policies shall provide the City of Miami with written notice of cancellation in accordance with policy provisions. BINDERS ARE UNACCEPTABLE. The insurance coverage required shall include those classifications, as listed in standard liability insurance manuals, which most nearly reflect the operations of the Successful Bidder(s). 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(s) of their 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(s) shall be responsible for submitting new or renewed insurance certificates to the City at a minimum of ten (10) calendar days in advance of such expiration. - -In the event that expired certificates are not replaced with new or renewed certificates which cover the contractual period, the City shall: (4) Suspend the Contract until such time as the new or renewed certificates are received by the City in the manner prescribed in the Invitation To Bid. (5) The City may, at its sole discretion, terminate this Contract for cause and seek re -procurement damages from the Successful Bidder(s) in conjunction with the General and Special Terms and Conditions of the Bid. The Successful Bidder(s) shall be responsible for assuring that the insurance certificates required in conjunction with this Section remain in force for the duration of the contractual period; including any and all option terms that may be granted to the Successful Bidder(s). 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. Invitation for Bid (IFB) 1781386 2.12. CURES Please refer to Section 1.56 Notice Regarding "Cures" of the General Terms and Conditions of this solicitation. 2.13. SUBMISSION AND RECEIPT OF BIDS Please refer to Section 1.80, Submission and Receipt of Bids of the General Terms and Conditions of this solicitation. 2.14. 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, of 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 provision in Attachment A. If a solicitation requires services, effective on January 1, 2017, the Successful Bidder(s) must pay to all their 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 per 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. 2.15. 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. (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. Invitation for Bid (IFB) 1781386 2.16. APPROVED EQUAL PRODUCT Manufacturer's name, brand name and model/style number when used in these specifications are for the sole purpose of establishing minimum requirements of levels of quality, standards of performance and design required and is in no way intended to prohibit the bidding of other manufacturer's brands of equal material, unless otherwise indicated. Equal (substitution) may be bid, provided product so bid is found to be equal to quality, standards of performance, design, etc., to item specified, unless otherwise indicated. Where equal is proposed, bid must be accompanied by complete factory information sheets (specifications, brochures, etc.) and test results of unit bid is equal. Failure to do so at time of bid submittal may deem your bid non -responsive. 2.17. QUALITY AND MANUFACTURE The apparent silences of these Specifications as to any details or the apparent omission from it of a detailed description concerning any point, shall be regarded as meaning that only materials and workmanship of first quality are to be used. All interpretations of these specifications shall be made upon the basis of this statement. Specifications, brands and manufacturers' names, where given, are to establish product type and quality required. Any equal thereto will be considered, subject to the approval of the City of Miami. Bidders shall indicate on Price lines attributes, the manufacturer, brand and model or style number they intend to supply to the City, for each item bid. All materials shall be new, of current manufacturer, and shall carry standard warranties. No substitutions shall be allowed after the bid is awarded unless so authorized by the City. The City reserves the right to perform its own testing procedures or to send any and all samples to any certifiable laboratory for analysis. Any and all costs for testing shall be borne by the Successful Bidder. On the basis of this testing and analysis, the City shall be the sole judge of the acceptability of the sample in conjunction with the bid specifications and its decision shall be final. Any sample submitted shall create an express warranty that the whole of the goods and/or services to be provided by the Bidder during the contract period shall conform to the sample submitted. The Successful Bidder shall be required to provide adequate restitution to the City, in the manner prescribed by the City if this warranty is violated during the term of the contract. 2.18. PACKING SLIP/DELIVERY TICKET TO ACCOMPANY ITEMS DURING DELIVERY The Successful Bidder shall enclose a complete packing slip or delivery ticket with any items to be delivered in conjunction with this bid. The packing slip shall be attached to the shipping cartons which contains the items and shall be made available to the City's authorized representative during delivery. The packing slip or delivery ticket shall include, at a minimum, the following information: purchase order number, date of order, a complete listing of items being delivered, and back -order quantities and estimated delivery of back -orders if applicable. 2.19. NON -APPROPRIATION OF FUNDS In the event no funds or insufficient funds are appropriated and budgeted or are otherwise unavailable in any fiscal period for payments due under this Contract, then the City, upon written notice to the Successful Bidder 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 project(s) will be awarded to any firm(s). 2.20. PROJECT MANAGERS Upon award, Successful Bidder(s) shall report and work directly with Lt. Oriel Tameron, for Police, and Jose Davila Sr., for Fire, or designee, who shall be designated the Project Manager for the City of Miami. Invitation for Bid (IFB) 1781386 2.21. WARRANTY Equipment hereinafter specified shall be fully guaranteed by the Successful Bidder(s) against factory defects. Any defects which may occur as the result of either faulty material or workmanship within the period of the manufacturer's standard warranty will be corrected by the Successful Bidder(s) without expense to the City of Miami. Successful Bidder(s) shall indicate the terms of the manufacturer's standard warranty, and any specially offered optional warranty available. The manufacturer's warranties on items covered by this contract shall be considered, whereas Successful Bidder(s) shall obtain warranty schedules and call upon manufacturer for warranty claims If the Successful Bidder(s) fails to honor the warranty and/or fails to correct or replace the defective work or items within the period specified, the City may, at its discretion, notify the Bidder, in writing, that the Bidder may be debarred as a City Bidder and/or subject to contractual default if the corrections or replacements are not completed to the satisfaction of the City within ten(10) calendar days of receipt of this notice. If the Bidder fails to satisfy the warranty within the period specified in the notice, the City may (a) place the Bidder in default of its contract, and/or (b) procure the products or services from another vendor and charge the Bidder for any additional costs that are incurred by the City for this work or items: either through a credit memorandum or through invoicing. 2.22. USE OF PREMISES The Successful Bidder(s) shall confine their equipment, apparatus, the storage of materials, and the operation of their workmen to the limits indicated by law, ordinances, permits, or direction of the Project Manager, or designee, and shall not unreasonably encumber the premises with their materials. The Successful Bidder(s) shall take all measures necessary to protect their own materials. 2/3. DAMAGES TO PUBLIC/PRIVATE PROPERTY Any damage caused by the Successful Bidder(s) shall be reported to the Project Manager, or designee, either in person or in writing. Successful Bidder(s) shall be responsible for paying for any and all damages of which may be paid via credit against monthly billing or by direct payment. The Successful Bidder(s) shall carry out the work with such care and methods as not to result in damage to public or private property adjacent to the work. Should any public or private property be damaged or destroyed, the Successful Bidder(s), at their expense, shall repair or make restoration as is practical and acceptable to the City and/or owners of destroyed or damaged property promptly within a reasonable length of time. (Not to exceed one month from date damage was done). 2.24. RESPONSE TIME Response times for each Group are listed in Section 3.1, Scope of Work, of this document. The City shall be the sole determiner in what constitutes an emergency response time request. Response time and completion time may be considered a factor in determining whether the primary, secondary, or tertiary Successful Bidder(s) will be granted the order. 2.25. DELIVERY Successful Bidder(s) shall make delivery of any item(s) ordered herein within the required period of time specified on the purchase order. Failure to deliver as specified may be cause to deem the Successful Bidder in default. 2/6. SAFETY MEASURES Successful Bidder(s) shall take all necessary precautions for the safety of employees, and shall erect and properly maintain at all times all necessary safeguards for the protection of the employees and the public. Danger signs warning against hazards created by their operation and work in progress must be posted. Successful Bidder(s) shall Invitation for Bid (IFB) 1781386 provide adequate barriers, flag person, traffic cones, signs and/or warning devices during the performance of the contract. All employees of Successful Bidder(s) shall be expected to wear safety glasses or goggles, appropriate clothing, and hearing protection when and wherever applicable. The Successful Bidder(s) shall use only equipment that is fully operational and in safe operating order. Equipment remaining on site shall be locked and secure. All hand tools shall be removed daily from the site. Successful Bidder(s) shall be especially careful when servicing property when pedestrians and/or vehicles are in close proximity - work shall cease until it is safe to proceed. Any damage to public or private property as the result of operations of the Successful Bidder(s), shall be the sole responsibility of the Successful Bidder(s) and shall be repaired by the Successful Bidder(s), their forces, or their selected personnel, within a reasonable length of time (not to exceed one month from the date damage was done), to the satisfaction of the Project Manager, or designee. 2.27. PUBLIC SAFETY The Successful Bidder(s) shall conduct their work so as to interfere as little as possible with private business or public travel. The Successful Bidder(s) shall, at their own expense, whenever necessary or required, maintain barricades, maintain lights, and take such other precautions as may be necessary to protect life and property, and the Successful Bidder(s) shall be liable for all damages occasioned in any way by their actions or neglect or that of its agents or employees. The Successful Bidder(s) shall meet the following noise abatement performance standards for all construction equipment: Between the hours of 7:00 A.M. and 10:00 P.M. noise levels shall not exceed 65 dBA at the nearest residential or commercial property line. Operation of equipment should be avoided between the hours of 10:00 P.M. and 7:00 A.M., but if required, the noise level shall not exceed 65 dBA. 2.28. METHOD OF PAYMENT Full payment will be made upon receipt and acceptance of a complete unit(s). No down or partial down payments will be made. 2.29. PARTS AT PASS THROUGH COST The cost for all parts associated with any work performed for Groups 1, 2, and 4 will be at a pass through cost to the City of Miami. Successful Bidder shall submit purchase receipt of parts along with labor invoice for payment. Successful Bidder shall be responsible for sourcing all parts necessary to complete the work requirements of each job specification or this contract. Replacement parts furnished must meet Original Equipment Manufacturer (OEM) standards or an authorized, approved by the City, 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 shall not be used as replacements. 230. SPECIFICATION EXCEPTIONS Specifications are based on the most current literature available. Bidder shall notify the City of Miami Department of Procurement, in writing, no less than ten (10) days prior to solicitation closing date of any change in the manufacturers' specifications which conflict with the specifications. For electronic bid submittals, Bidders must submit the explanation as an attachment and if applicable attach a scanned copy of the manufacturers' specifications Invitation for Bid (IFB) 1781386 data detailing the changed items with their submission. Additionally, Bidders must indicate any options requiring the addition of other options, as well as those which are included as a part of another option. Failure of Bidders to comply with these provisions will result in Bidders being held responsible for all costs required to bring the items in compliance with contract specifications. 231. ADDITION/DELETION 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 supplier shall be invited to submit price quotes for these new facilities/products/items/services. If these prices are not competitive or not carried, the City maintains the right to add additional suppliers to 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 addendum and a separate purchase order shall be issued by the City. 232. FAILURE TO PERFORM Should it not be possible to reach the Successful Bidder(s) or authorized representative(s) and/or should remedial action not be taken within twenty-four (24) hours on any failure to perform, the City reserves the right to declare Successful Bidder(s) in default of the contract or make appropriate reductions in the contract payment or terminate the contract for cause. 233. 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 to 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. 234. 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. 235. 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, Invitation for Bid (IFB) 1781386 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. 2.36. PRIMARY CLIENT (FIRST PRIORITY) The Successful Bidder(s) 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(s) may have with any other cities and/or counties to perform similar services as a result of any catastrophic events such as tornadoes, hurricanes, severe storms or any other public emergency impacting various areas during or approximately the same time. 2.37. TERMINATION A. FOR DEFAULT If Successful Bidder(s) 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(s) was not in default or (2) the Successful Bidder(s)'s failure to perform is without their or their 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(s) will be compensated in accordance with an agreed upon adjustment of cost. To the extent that this Contract is for services and so terminated, for 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. 238. 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. If a Professional Services Agreement (PSA) or other Agreement is provided by the City and is expressly included as part of this solicitation, no additional terms or conditions which materially or substantially vary, modify or alter the terms or conditions of the PSA or Agreement, in the sole opinion and reasonable discretion of the City will be considered. Any and all such additional terms and conditions shall have no force or effect and are inapplicable to this PSA or Agreement. 239. FIXED AND FIRM PRICING All prices quoted are fixed and firm throughout the term of the Contract. Invitation for Bid (IFB) 1781386 2.40. EQUITABLE ADJUSTMENT The Procurement Department may, in its sole discretion, make an equitable adjustment in the Contract pricing if pricing or availability of supply is affected by extreme or unforeseen volatility in the marketplace, that is, by circumstances that satisfy all the following criteria: (1) the volatility is due to circumstances beyond the Successful Bidder(s) control, (2) the volatility affects the marketplace or industry, not just the particular Contract source of supply, (3) the effect on pricing or availability of supply is substantial, and (4) the volatility so affect the Successful Bidder(s) that continued performance of the Contract would result in substantial loss. Successful Bidder(s) might have to supply documentation to justify any requested percentage increase in cost to the City of Miami. Invitation for Bid (IFB) 1781386 3. Specifications 3.1. SPECIFICATIONS/SCOPE OF WORK The intent of these specifications is to identify the types of equipment and define required repairs. The repairs shall include repairs, maintenance and restoring marine engines and watercraft to original manufacturer's performance standards. Repairs include, but are not limited to, engine, transmission, boat hull, ship carpentry, welding, mechanical, electrical, wax, rub rail repairs, gel coat repair (inclusive of the Keel plate), upholstery, canopy repairs, canvas/T-top replacement, electronics (Garmin, radio, navigational equipment), antennas, VHF radio, and stirring pumps. The City of Miami Marine Patrol currently has the following eight (8) vessels with the expectancy of receiving a new vessel by the end of the year: 1. 2006 Contender 2601 2. 2006 Contender 2602 3. 2006 Contender 2603 4. 2019 Contender 1901 5. 2007 Safe boat 2605 - 6. 2007 Safe boat 2606 - 7. 2018 Contender 1801 8. 2018 Contender 1802 9. 2023 Metal Shark - - 28' open fisherman, two (2) 250 HP Yamaha outboard; - 28' open fisherman, two (2) 250 HP Yamaha outboard; - 28' open fisherman, two (2) 250 HP Yamaha outboard; - 28' open fisherman, two (2) 300 HP Yamaha outboard; 27' open fisherman, two (2) 300 HP Yamaha outboard; 27' open fisherman, two (2) 300 HP Yamaha outboard; - 25' open fisherman, single 300 HP Yamaha outboard; - 25' open fisherman, single 300 HP Yamaha outboard; and 28' open fisherman, two (2) 300 HP Yamaha outboard (currently being built). Bidders are not required to bid on all items, only the items for which they are qualified to perform services on, or catalog parts which they are authorized to sell (only applicable to Groups 1-4). GROUP 1: Labor (Parts at Pass Through Cost) Scone of Work A. Certification To perform repairs and maintenance on the CATERPILLAR Engines, ULTRA JET SET drive parts, ZF MARINE TRANSMISSION, YAMAHA engines, MERCURY engines, KOHLER generators, or marine electronics (i.e., GPS, navigation, radar, antenna, speakers, etc.) on board Fire Boat #1, or any of the City of Miami's Marine Patrol vessels, the Successful Bidder(s) shall use only Factory Certified trained Technicians for each of these components, who are directly employed and supervised by the Successful Bidder. Successful Bidder(s) shall use reasonable care to maintain the boat motors and related equipment in proper operating condition at all times. Proof of certification, as stated in Section 2.7, must be submitted with the Bid, or your bid may be deemed non -responsive. B. Response Time and Emergency Service CATERPILLAR engines, YAMAHA engines, MERCURY engines, ULTRA jet drives parts, ZF MARINE transmission, and KOHLER generators: next business day for standard repairs/maintenance and four (4) hour emergency response time. C. Parts Availability When replacement parts are needed, the Successful Bidder(s) shall use Original Equipment Manufacturers (OEM) parts or parts that are equal in quality to the original parts, NON -OEM parts must be approved by the Project Manager(s) or designee in writing. The Successful Bidder(s) shall stock an adequate assoilinent of OEM parts to Invitation for Bid (IFB) 1781386 expeditiously repair and return to service the malfunctioning item/equipment. The City reserves the right, if it deems necessary, to purchase replacement parts and equipment according to City Procurement ordinances and regulations. Successful Bidder(s) agrees to install and maintain such parts and equipment. Successful Bidder(s) can either replace/repair parts or equipment that fail during the warranty period stated in the Successful Bidder(s)' Bid. If requested by the Project Manager(s) or designee, the Successful Bidder(s) shall acquire specialty parts through next day air freight. D. Location of Services The Successful Bidder(s) shall respond to the normal docking location of the watercrafts, unless advised that the watercraft is to be serviced or dry docked at a different location within the City. E. Cost Evaluation Prior to Repair The Successful Bidder(s) shall notify the Project Manager(s) or designee in writing, prior to making repairs, as to the anticipated costs involved. This notification shall be provided after the performance test/inspection and prior to any repairs. Successful Bidder(s) must have the Project Manager's or designee's approval in writing, prior to engaging in any repair work. F. Hourly Labor Rate (Engine and Drive Work) The hourly labor rate charges for engine and drive work shall be in accordance with the hours listed in the current engine manufacturer flat rate manual. The City shall be charged a flat rate based upon multiplying the hourly rate bid by the number of hours and tenths listed for each operation. If the operation requires removing broken or corroded screws, or if the Successful Bidder(s) feels that the particular operation requires work in excess of the hours listed, or if the Successful Bidder(s) requires additional hours to secure parts or supplies, additional time may be requested to complete the operation. However, if the Project Manager or designee determines that the Successful Bidder(s)' request is excessive, then the City reserves the right to re -bid that work to the next Successful Bidder(s) and award to the lowest responsive and responsible Bidder. G. Service Call Charge (if any) A service call charge may be added to have a technician(s) mobilize to the location of the vessel. This will be limited to a one-time flat fee per call, and not a daily charge (i.e., if repairs require more than one day, the service call charge will be applicable for the duration of the repair). GROUP 2: One Hundred (100) Hour Service Interval: Maintenance Inspections on the Engines (Inclusive of all Parts and Labor) Scope of Work A. Certifications One hundred (100) services on YAMAHA or MERCURY engines on board any of the City's vessels, shall be performed by Factory Certified trained Technicians, who are directly employed and supervised by the Successful Bidder(s). Technicians shall take reasonable care in maintaining the boat motors and related equipment in proper operating condition at all times. Proof of certification, as stated in Section 2.7. shall be submitted with the Bidder's Bid or Bid may be deemed non -responsive. B. Response Time and Emergency Service YAMAHA and MERCURY engines maintenance and repair: next business day for standard repairs/maintenance and four (4) hour emergency response time. Invitation for Bid (IFB) 1781386 C. Parts Availability When replacement parts are needed, the Successful Bidder(s) shall use OEM parts or parts that are equal in quality to the original parts, NON -OEM parts must be approved by the Project Manager(s) or designee in writing. The Successful Bidder(s) shall stock an adequate assoitiuent of OEM parts to expeditiously repair and return to service the malfunctioning item/equipment. The City reserves the right, if it deems necessary, to purchase replacement parts and equipment according to City Procurement ordinances and regulations. Successful Bidder(s) agrees to install and maintain such parts and equipment. Successful Bidder(s) can either replace/repair parts or equipment that fail during the warranty period stated in the Successful Bidder(s)' Bid. If requested by the Project Manager(s) or designee, the Successful Bidder(s) shall acquire specialty parts through next day air freight. D. Location of Services The Successful Bidder(s) shall respond to the normal docking location of the watercrafts, unless advised that the watercraft is dry docked at a different location within the City. E. Cost Evaluation Prior to Repair The Successful Bidder(s) shall notify the Project Manager(s) or designee in writing, prior to making repairs, as to the anticipated costs involved. This notification shall be provided after the performance test/inspection and prior to any repairs. Successful Bidder(s) must have the Project Manager's or designee's approval in writing, prior to engaging in any repair work. F. Hourly Labor Rate (Engine and Drive Work) The hourly labor rate charges for engine and drive work shall be in accordance with the hours listed in the current engine manufacturer flat rate manual. The City shall be charged a flat rate based upon multiplying the hourly rate bid by the number of hours and tenths listed for each operation. If the operation requires removing broken or corroded screws, or if the Successful Bidder(s) feels that the particular operation requires work in excess of the hours listed, or if the Successful Bidder(s) requires additional hours to secure parts or supplies, additional time may be requested to complete the operation. However, if the Project Manager or designee determines that the Successful Bidder(s)' request is excessive, then the City reserves the right to re -bid that work to the next Successful Bidder(s) and award to the lowest responsive and responsible Bidder. GROUP 3: Parts Only, Minimum Percent (%) Discount Off Parts Catalog (List Catalogs) Scope of Work (Insurance Requirements will not Apply to this Group) The City may purchase parts from the Successful Bidder(s) to have for its inventory or for installation by City staff. The City will use the % discount provided by the Successful Bidder(s) for the applicable line items to calculate the cost from the Manufacturer's Suggested Retail Price (MSRP). This is the only group that will allow for parts at a discount from the MSRP. Whenever labor, maintenance, service or repairs are being provided along with the parts, the Successful Bidder(s) shall invoice parts at the Pass -Through Cost as stated in Section 2.30. A. Response Time and Emergency Parts Parts: three (3) business days for standard orders, next day for emergency part orders. The City will pay for additional shipping/freight, if approved in writing. Invitation for Bid (IFB) 1781386 GROUP 4: Fiberglass/Aluminum Boat Hull Repair (Parts at Pass Through Cost) Scope of Work The Successful Bidder(s) shall provide an hourly labor rate for structural and cosmetic repairs to fiberglass/aluminum boats including all necessary equipment. Material necessary for repairs shall be invoiced at the pass -through cost. Successful Bidder(s) shall provide these services on an as needed basis. A. Response Time and Emergency Service Boat hull and repair: next business day for standard repairs. No emergency requirement for this group. B. Service Call Charge (if any) A service call charge may be added to have a technician(s) mobilize to the location of the vessel. This will be limited to a one-time flat fee per call, and not a daily charge (i.e., if repairs require more than one day, the service call charge will be applicable for the duration of the repair). GROUP 5: Haul -Out Hurricane Plan Scope of Work The Successful Bidder(s) shall be able to provide in -water storage or hoist our -of -water space, whichever is available at the time of need, for the thirty-five (35') foot (ft.) Marlin, forty-eight (48') ft. City Fireboat 1, and fifty- one (51') ft. Houseboat in the event of a hurricane, or hurricane warning between June and November of each year. In -water storage shall be in a covered and protected area. These City boats shall be the last in the facility and shall be the first back in the water after the storm. Prices submitted shall be all inclusive. Storage facility shall be located within the municipal limits of the City. GROUP 6: Barnacle Removal Scope of Work The Successful Bidder(s) shall perform barnacle removal for the City of Miami Fire -Rescue Marine Operations Vessels, onsite at the location listed below, yearlong, bi-monthly (photos and videos shall be available upon request): 1. Two (2), 50-foot (ft.) Metal Craft Aluminum Fireboats; 2. One (1), 50 ft. Houseboat Fire Station; 3. One (1), 27 ft. Boston Whaler Center Console; and 4. One (1), 35 ft. Marlin Center Console. Vessel Location: Bayside Marina 401 Biscayne Blvd. Miami, FL 33132 Houseboat Location: Dinner Key Marina 3400 Pan American Drive Miami, FL 33133 Invitation for Bid (IFB) 1781386 The Successful Bidder shall: 1. Clean barnacles, algae, and any fouling below the waterline; and 2. Perform multi -point underwater inspections of zincs, running gear, bottom paint, and report findings on every service. Notes: 1. The Successful Bidder(s) shall be responsible for the barnacle removal for all the Fire boats. Bamacle removal for the City of Miami Marine Patrol boats will be done by the City; 2. Repair Services: If Successful Bidder is within the City limits, the vessels will be taken to the Successful Bidder's facility. If Successful Bidder is not within the City limits, the Successful Bidder will go to the City Marina where the vessel is located; and 3. Additional work outside the scope of work must be reported to the Project Manager or designee prior to the commencement of work. No work shall be completed without the written approval of the Project Manager or designee. The Successful Bidder(s) 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(s) shall be paid at the Successful Bidder(s)'s expense. BID PRICE SHEET IFB 1781386, Boat Maintenance, Repairs, Parts, and Related Marine Services, Citywide Item Description Qty UOM Unit Price GROUP 1: Labor (All Parts at Pass Through Cos ) 1.1 Yamaha Engines: Maintenance and Repair 1 Hour Service Call Charge (If Any) 1 Each *Warranty on Labor (Number of Days) Day *Warranty on Parts (Number of Days) Day 1.2 Mercury Engines: Maintenance and Repair 1 Hour Service Call Charge (If Any) 1 Each *Warranty on Labor (Number of Days) Day *Warranty on Parts (Number of Days) Day 1 3 Marine Electronic Repairs (i.e., GPS, navigation, radar, antenna, speakers, etc.) 1 Hour Service Call Charge (If Any) 1 Each *Warranty on Labor (Number of Days) Day *Warranty on Parts (Number of Days) Day 1.4 Caterpillar Engines: Maintenance and Repair 1 Hour Service Call Charge (If Any) 1 Each *Warranty on Labor (Number of Days) Day *Warranty on Parts (Number of Days) Day 1.5 Ultra Jet Drives: Maintenance and Repair 1 Hour Service Call Charge (If Any) 1 Each *Warranty on Labor (Number of Days) Day *Warranty on Parts (Number of Days) Day 1.6 ZF Marine Transmission: Maintenance and Repair 1 Hour Service Call Charge (If Any) 1 Each *Warranty on Labor (Number of Days) Day *Warranty on Parts (Number of Days) Day 1.7 Kohler Generator: Maintenance and Repair 1 Hour Service Call Charge (If Any) 1 Each *Warranty on Labor (Number of Days) Day *Warranty on Parts (Number of Days) Day BID PRICE SHEET IFB 1781386, Boat Maintenance, Repairs, Parts, and Related Marine Services, Citywide Item Description Qty UOM Unit Price GROUP 2:100 Hour Service Interval: Maintenance Inspections on the Engines (Inclusive of all Parts and Labor) #REF! 2.1 Yamaha Engines 1 HR *Warranty on Labor (Number of Days) Day *Warranty on Parts (Number of Days) Day 2.2 Mercury Engines 1 HR *Warranty on Labor (Number of Days) Day *Warranty on Parts (Number of Days) Day GROUP 3: Parts only Minimum Percent Discount Off Parts Catalog (Lis Catalogs) $0.00 3.1 Minimum Percent Discount Off Manufacturer's List Price Catalog for Caterpiller Engines (express as a decimal, i.e., 15% discount = .15) /Off 3.2 Minimum Percent Discount Off Manufacturer's List Price Catalog for Yamaha Engines (express as a decimal, i.e., 15% discount = .15) /Off 3.3 Minimum Percent Discount Off Manufacturer's List Price Catalog for Mercury Engines (express as a decimal, i.e., 15% discount = .15) / Off 3.4 Minimum Percent Discount Off Manufacturer's List Price Catalog for Ultra Jet (express as a decimal, i.e., 15% discount = .15) /Off 3.5 Minimum Percent Discount Off Manufacturers List Price Catalog for ZF Marine Transmission (express as a decimal, i.e., 15% discount = .15) / Off 3.6 Minimum Percent Discount Off Manufacturer's List Price Catalog for Kohler Generator (express as a decimal, i.e., 15% discount = .15) /Off 3.7 Minimum Percent Discount Off Manufacturer's List Price Catalog not listed above (express as a decimal, i.e., 15% discount = .15) / Off GROUP 4: Fiberglass/Aluminum Boat Hull Repair (with Parts at Pass Through Cost) $0.00 4.1 Boat Hull Repair: Fiberglass 1 HR Service Call Charge (If Any) 1 HR *Warranty on Labor (Number of Days) Day *Warranty on Parts (Number of Days) Day 4.2 Boat Hull Repair: Aluminum 1 HR Service Call Charge (If Any) 1 HR *Warranty on Labor (Number of Days) Day *Warranty on Parts (Number of Days) Day GROUP 5: Haul -Out Hurricane Plan $0.00 5.1 Cost to Haul -Out Thirty -Five (35') foot (ft.) Marlin Boat and Release back into water 1 Each BID PRICE SHEET IFB 1781386, Boat Maintenance, Repairs, Parts, and Related Marine Services, Citywide Item Description Qty UOM Unit Price 5.2 Daily Cost to Store Thirty -Five (35') foot (ft.) Marlin Boat 1 Each 5.3 Cost to Haul -Out Fifty (50') foot (ft.) Fireboat and Release back into water 1 Each 5.4 Daily Cost to Store Fifty (50') foot (ft.) Fireboat 1 Each 5.5 Cost to Haul -Out Fifty (50') foot (ft.) Houseboat and Release back into water 1 Each 5.6 Daily Cost to Store Fifty (50') foot (ft.) Houseboat 1 Each GROUP 6: Barnacle Removal: Clean Barnacles, Algae, and Fouling below Waterline, Multi -Point Underwater Inspection of Zincs, Running Gear, Bottom Paint, Report Findings (Yearlong, Bi- Monthly) $0.00 6.1 Two (2), 50ft. Metal Craft Aluminum Fireboats 26 Each $11.700 6.2 One (1), 50ft. Houseboat Fire Station 26 Each $5.850 6.3 One (1), 27ft. Boston Whaler Center Console 26 Each $4,134 6.4 One (1), 35ft. Marlin Center Console 26 Each $4,134 TOTAL $25,818 * For Information Purposes Only ANNIE PEREZ, CPPO Director of Procurement July 24, 2024 Mr. Richard Bassett Barnacle King LLC 1701 NE 14 Avenue, Unit 2 Fort Lauderdale, FL 33305 1!Iit of 11Itiamt ARTHUR NORIEGA V City Manager SENT VIA EMAIL diver(c�barnaclekinq.com RE: LETTER FOR ADDITIONAL INFORMATION — INVITATION FOR BID ("IFB") NO. 1781386, BOAT MAINTENANCE, REPAIRS, PARTS, AND RELATED MARINE SERVICE. CITYWIDE Dear Mr. Bassett, The City of Miami's Procurement Department ("Procurement") is in the process of evaluating the bid submitted by Barnacle King LLC, ("Barnacle King") in response to IFB No. 1781386 Boat Maintenance, Repairs, Parts, and Related Marine Service, Citywide. Our initial review has revealed that additional information is required in order to determine if Barnacle King's bid is responsive to the requirements of the IFB. Pursuant to the Certifications Section of the IFB which states: Please list and acknowledge all addendum/addenda received. List the addendum/addenda number and date of receipt (i.e., Addendum No. 1, 01/01/2024). If no addendum/addenda was/were issued, please insert N/A. Barnacle King did not acknowledge Addendum Nos. 1 - 5 for IFB 1781386 (attached herein), as required by this solicitation. Please submit signed Addendum Nos.1-5, to the attention of Ms. Teresa Soto, via email tsoto@miamigov.com or via fax to 305-400-5024, by no later than Tuesday, July 30, 2024, at 5:00 PM. Failure to respond by the required deadline may constitute grounds for deeming your bid as non -responsive. Please sign and date below to certify your response above: Richard M Bassett Print Name Owner Title Sincerely, Anni P rez, CPPO Director/Chief Procurement Officer Department of Procurement AP:ts Signature 07-25-2024 Date City of Miami Invitation for Bid (IFB) Procurement Department Miami Riverside Center 444 SW 2nd Avenue, 6th Floor Miami, Florida 33130 Web Site Address: www.miamigov.com/procurement IFB Number: Title: Issue Date/Time: IFB 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: 1781386, 5 Boat Maintenance, Repairs, Parts, and Related Marine Service, Citywide 22-MAR-2024 @ 9:00 A.M. 17-MAY-2024 @ 3:00 P.M. Voluntary 27-MAR-2024 @ 10:00 A.M. Virtual via Microsoft TEAMS 16-APR-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: BIDDER 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 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, 1/1/24). 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? 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 the 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. Reference No. 1: Name of Company/Agency for which Bidder is currently providing the services/goods as described in this Solicitation, of has provided such services/goods in the past: Reference No. 1: Address, City, State, and Zip for above referenced company/agency listed: Reference No. 1: Name of Contact Person, Telephone Number, and Email 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 referenced company/agency listed: Reference No. 2: Name of Contact Person, Telephone Number, and Email 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 referenced company/agency listed: Reference No. 3: Name of Contact Person, Telephone number, and Email for above Referenced No. 3: Reference No. 3: Date of Contract or Sale for above Referenced No. 3: Acknowledge that References were provided for each group for which responses were submitted: YES OR NO. Acknowledge that Certifications for Factory Certified Technicians were submitted (If Applicable): YES OR NO. Invitation for Bid (IFB) 1781386 Table of Contents Terms and Conditions 1. General Conditions 1.1. 1. General Terms and Conditions for Invitation for Bids (IFB) 2. Special Conditions 2.1. PURPOSE 2.2. PRE-BID/PRE-PROPOSAL CONFERENCE 2.3. DEADLINE FOR RECEIPT OF REQUEST FOR ADDITIONAL INFORMATION/CLARIFICATION 2.4. TERM OF CONTRACT 2.5. METHOD OF AWARD 2.6. CONDITIONS FOR RENEWAL 2.7. BIDDER'S MINIMUM QUALIFICATIONS 2.8. SUBCONTRACTORS SHALL BE IDENTIFIED 2.9. REFERENCES 2.10. INSURANCE REQUIREMENTS 2.11. LOCAL OFFICE PREFERENCE 2.12. CURES 2.13. SUBMISSION AND RECEIPT OF BIDS 2.14. CITY OF MIAMI LIVING WAGE ORDINANCE 2.15. TIE BIDS 2.16. APPROVED EQUAL PRODUCT 2.17. QUALITY AND MANUFACTURE 2.18. PACKING SLIP/DELIVERY TICKET TO ACCOMPANY ITEMS DURING DELIVERY 2.19. NON -APPROPRIATION OF FUNDS 2.20. PROJECT MANAGER 2.21. WARRANTY 2.22. USE OF PREMISES 2.23. DAMAGES TO PUBLIC/PRIVATE PROPERTY 2.24. RESPONSE TIME 2.25. DELIVERY 2.26. SAFETY MEASURES 2.27. PUBLIC SAFETY 2.28. METHOD OF PAYMENT 2.29. PARTS AT PASS THROUGH COST 2.30. SPECIFICATION EXCEPTIONS 2.31. ADDITION/DELETION OF FACILITIES/PRODUCTS/ITEMS/SERVICES/SUPPLIERS 2.32. FAILURE TO PERFORM 2.33. LIQUIDATED DAMAGES 2.34. PUBLIC ENTITY CRIMES 2.35. E-VERIFY EMPLOYMENT VERIFICATION 2.36. PRIMARY CLIENT (FIRST PRIORITY) 2.37. TERMINATION 2.38. ADDITIONAL TERMS AND CONDITIONS 2.39. FIXED AND FIRM PRICING 2.40. EQUITABLE ADJUSTMENT Invitation for Bid (IFB) 1781386 3. Specifications 3.1. SPECIFICATIONS/SCOPE OF WORK Invitation for Bid (IFB) 1781386 IMPORTANT NOTICE TO BIDDERS • BID BOND AND PERFORMANCE BOND IS NOT REQUIRED FOR THIS IFB. • REFER TO ATTACHMENT B - BID PRICE SHEET IN THE DOCUMENT SECTION OF BIDSYNC, FOR THE LINE ITEMS OF THIS IFB. • 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 FORMATS 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 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. Terms and Conditions 1. General Conditions Invitation for Bid (IFB) 1781386 1.1. 1. General Terms and Conditions for Invitation for Bids (IFB) 1. GENERAL TERMS AND CONDITIONS FOR INVITATION FOR BID (IFB) - 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/ 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 (City) 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. Invitation for Bid (IFB) 1781386 1.5. ALTERNATE RESPONSES -Alternate responses will not be considered, unless specifically requested by the City. 1.6. ASSIGNMENT - Successful Bidder/Contractor agrees not to subcontract, assign, transfer, convey, sublet, pledge, encumber, or otherwise dispose of the resulting Contract, in whole or in part, or any or all of its rights, title or interest herein, without the 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 price(s) established herein, when permissible by Federal, State, and local laws, rules, and regulations. Each governmental, not -for -profit or quasi -governmental entity which uses this Formal Solicitation and resulting 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 Businesses with Drug -Free Workplace Programs. Invitation for Bid (IFB) 1781386 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 in 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. 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, individual -item basis, or such method of award in the best interest of the City, unless otherwise specified. H. A 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. Invitation for Bid (IFB) 1781386 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 the delivery schedule. When bidding an "APPROVED EQUAL", Bidders shall submit, with their response, complete sets of necessary data (e.g., 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. Invitation for Bid (IFB) 1781386 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 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: 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. I. City Procurement Ordinance, City Code Section 18, Article III. J. Conflict of Interest, City Code Section 2-611;61. K Cone of Silence, City Code Section 18-74. Invitation for Bid (IFB) 1781386 L. The Florida Statutes Sections 218.70 to 218.79, the 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 advertised 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 staff. 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 an e-mail, or fax with a copy to the City Clerk's Office being required. 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) Act 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. Invitation for Bid (IFB) 1781386 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 Bidder's 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 - 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. 1.25. DEBARMENT AND SUSPENSIONS (SECTION 18-107) - A. Authority and requirement to debar/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. Invitation for Bid (IFB) 1781386 B. Causes for debarment/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 a Contract, 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 for a solicitation 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 may not transact business with any public entity. Invitation for Bid (IFB) 1781386 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 deem 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. Invitation for Bid (IFB) 1781386 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. 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, inmaking 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 omissions 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 (if 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 Invitation for Bid (IFB) 1781386 City and Successful Bidder/Contractor. 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. 134. 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. 135. EXCEPTIONS TO GENERAL TERMS 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 Terms and/or Special Conditions shall be cause for a Bid to be considered non -responsive. 136. 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. 137. 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. Invitation for Bid (IFB) 1781386 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 the Bid Contract, and a 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. B1 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. 139. GOVERNING LAW AND VENUE - The validity and effect of any Bid Contract as a result of this Formal Solicitation shall be govemed 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 attomey'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 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: Invitation for Bid (IFB) 1781386 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 intemal 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 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/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 the City, resist and defend such action or proceeding by counsel satisfactory to the City. The Successful Bidder/Contractor expressly understands and agrees that any insurance protection required by this Contract or otherwise provided by the 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 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/Contractor, or persons employed or utilized by the Successful Bidder/Contractor. Invitation for Bid (IFB) 1781386 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/Contractor shall require all sub-consultant/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 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's/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 City's Procurement Contracting Officer, issuing the Formal Solicitation. Tabulations are also available on the City's website following a recommendation for award. 1.46. INSURANCE - Within ten (10) days after receipt of Notice of Award, the Successful Bidder/Contractor shall furnish the 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) Invitation for Bid (IFB) 1781386 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 of the 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. 1.47. 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, then that non -local Bidder and each of the aforementioned responsive, responsible local Bidders shall have the opportunity to submit a best and final bid equal to or lower than the amount of the low bid previously submitted by the non -local Bidder. Contract award shall be made to the lowest responsive, responsible Bidder submitting the lowest best and final bid. In the case of a tie in the best and final bid between a local Bidder and a non -local Bidder, contract award shall be made to the local Bidder." 1.49. MANUFACTURER'S CERTIFICATION - The City reserves the right to request from Bidders a separate Manufacturer's Certification of all statements made in the Bid. Failure to provide such certification may result in the rejection of the Bid, or termination of the 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 the resultant Purchase Order(s) or Bid Contract, 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 govemed by the most favorable terms and conditions that Successful Bidder/Proposer grants now or in the future to a similarly situated local govemment. 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 Invitation for Bid (IFB) 1781386 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. The 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's supplier's list. 1.54. NONDISCRIMINATION, EQUAL EMPLOYMENT OPPORTUNITY, AND AMERICANS WITH DISABILITIES - 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 the 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 the 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 Invitation for Bid (IFB) 1781386 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 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 within 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 of 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, in 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 required information, sign and upload the Certification Statement. Invitation for Bid (IFB) 1781386 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. 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 Invitation for Bid (IFB) 1781386 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 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 the 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 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. Invitation for Bid (IFB) 1781386 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 provided 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 systems. 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@MIAMIGOV.COM, OR REGULAR MAIL AT CITY OF MIAMI OFFICE OF THE CITY ATTORNEY, 444 SW 2ND AVENUE, 9TH FL, MIAMI, FL 33130. THE CONSULTANT MAY ALSO CONTACT THE RECORDS CUSTODIAN AT THE CITY OF MIAMI DEPARTMENT WHO IS ADMINISTERING 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 (SECTION 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 and all bids rejected 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. Invitation for Bid (IFB) 1781386 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 $25,000.00. 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 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 bid specifications or a bid solicitation may protest to the chief procurement officer. A written notice of intent to file a protest shall be filed with the chief procurement officer within three days after the bid solicitation is published in a newspaper of general circulation. A notice of intent to file a protest is considered filed when received by the chief procurement officer. (2) Protest of award. 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. Invitation for Bid (IFB) 1781386 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 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 served as an appellate or trial court judge. The hearing officer may be appointed from alternative sources (e.g. expert consulting agreements, piggyback contracts, etc.) where the city commission adopts a recommendation of the city attorney that such action is necessary to achieve faimess 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 of protest. 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 a hearing before a hearing officer, at which time the person protesting shall be given the opportunity to demonstrate Invitation for Bid (IFB) 1781386 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 sent by certified mail, return receipt requested, to the mailing address of the protester. 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 shown, 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, an 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 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. Invitation for Bid (IFB) 1781386 (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. (fl 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 $5,000.00, 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 such 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 Contract, except under, and by virtue of written permission granted by the City through the proper officials, which may be withheld or conditioned, in the City's sole discretion. 1.78. 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. Invitation for Bid (IFB) 1781386 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 shall 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 in the Formal Solicitation, the Bidder shall quote not more than the contract price; failure to comply with this request will result in disqualification of the 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 bome 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. 1.82. 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: Invitation for Bid (IFB) 1781386 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 shall 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 attomey'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. 1.88. 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. Invitation for Bid (IFB) 1781386 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. Invitation for Bid (IFB) 1781386 2. Special Conditions 2.1. PURPOSE The purpose of this Solicitation is to establish a contract, for Boat Maintenance, Repairs, Parts, and Related Marine Services, Citywide, as specified herein, from a source(s), fully compliant with the terms, conditions and stipulations of the Solicitation. 2/. PRE-BID/PRE-PROPOSAL CONFERENCE Virtual Voluntary pre -bid conference will be held on Wednesday, March 27, 2024 at 10:00 A.M. via Teams Click here to join the meeting or via phone + 786- 598-2961, ID: 417 744 443#. A discussion of the requirements of the Solicitation will occur at that time. Each potential Bidder is required, prior to submitting a Proposal, 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, which will be distributed through BidSync, following the Pre - Proposal Conference to all the attendees. Because the City considers the Pre -Proposal 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 Tuesday, April 16, 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 with the option to renew for one (1) additional three (3) year period, 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 For Groups 1, 2, and 4 Award of these groups may be made to the three (3) lowest responsive and responsible Bidders meeting specifications, on a line -by -line -item basis: Bidders may bid on one or all items in a group. For each line, the bid with the lowest price, will be deemed the Primary Successful Bidder, the next lowest the Secondary Successful Bidder, followed by the Tertiary Successful Bidder. Should the Primary Successful Bidder not be able to provide the service at the time of need, the City has the option to select the Secondary Successful Bidder and so on, to fulfill the order. For Group 3 Award of this group may be made to the three (3) responsive and responsible Bidders meeting specifications, who provide the highest minimum percent discount, on a line -by -line -item basis. Invitation for Bid (IFB) 1781386 Bidders may bid on one or all items in this group. For each line, the bid with the highest minimum percent discount, will be deemed the Primary Successful Bidder, the next highest the Secondary Successful Bidder, followed by the Tertiary Successful Bidder. Should the Primary Successful Bidder not be able to provide the part(s) at the time needed, the City has the option to select the Secondary Successful Bidder, and so on, to fulfill the order. For Group 5 Award of this group may be made to the three (3) lowest responsive and responsible Bidders meeting specifications, on a group basis. Bidders must bid on all items within this group to be deemed responsive for the group. For this group, the Bidder with the lowest price will be deemed the Primary Successful Bidder, the next lowest price the Secondary Successful Bidder, followed by the Tertiary Successful Bidder. Should the Primary Successful Bidder not be able to provide the service at the time needed, the City has the option to select the Secondary Successful Bidder, and so on, to fulfill the order. For Group 6 Award of this group may be made to the three (3) lowest responsive and responsible Bidders meeting specifications, on a group basis. Bidders must bid on all items within this group to be deemed responsive for this group. For this group, the Bidder with the lowest price in the aggregate will be deemed the Primary Successful Bidder, the next lowest price the Secondary Successful Bidder, followed by the Tertiary Successful Bidder. Should the Primary Successful Bidder not be able to provide the service at the time needed, the City has the option to select the Secondary Successful Bidder, and so on, to fulfill the order. 2.6. CONDITIONS FOR RENEWAL Each renewal of this contract is subject to the following: (1) Continued satisfactory performance compliance with the specifications, terms and conditions established herein. (2) Availability of funds 2.7. BIDDER'S MINIMUM QUALIFICATIONS Bids will only be considered from firms that are regularly engaged in the business of providing continuous services as described in this Bid. The Bidder(s) shall: 1. Have a minimum of three (3) consecutive years' experience in boat maintenance and repairs and other related marine services; 2. Have a minimum of three (3) consecutive years providing said services with the same Federal Employee Identification Number ("FEIN"); 3. Submit signed Certification Statement and Certification Section; 4. Submit certification evidencing that the Successful Bidder is a certified mechanic with experience in Yamaha and Mercury boat engines; 5. Submit copies of certifications of the personnel that are Factory Certified Repair Technicians, directly employed by the Successful Bidder(s)' firm, for the lines for which the Successful Bidder(s)' firm would like to be considered for (Refer to Section 3.2 for further details); 6. Submit three (3) references, in the Certification Section, evidencing the minimum three (3) consecutive years' experience in boat maintenance and repairs, as well as other related marine services. References provided shall cover each product line being bid, and said reference may serve for all product lines provided; Invitation for Bid (IFB) 1781386 7. Have a facility within the City of Miami limits for Group 5-Haul Out -Hurricane Plan; 8. Have sufficient financial support, equipment to insure that they can satisfactorily provide the goods and/or services if awarded a contract the terms and conditions herein; 9. 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 10. 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. Failure to submit signed Certification Statement, Certification Section, references, and certifications for personnel for your firm, with your bid submittal, shall render your bid non- responsive. 2.8. SUBCONTRACTORS SHALL BE IDENTIFIED As part of its Bid, the Bidder is required to identify any and all subcontractors that will be used in the performance of the proposed contract, their capabilities, experience and the portion of the work to be done by the subcontractor. Failure to identify any and all subcontractors in the Bid may render the Bid non -responsive. The Successful Bidder(s) shall not, at any time during the tenure of the contract, subcontract any post of the operations or assign any portion or part of the contract, to subcontractors not originally mentioned in the Bid, except under and by virtue of permission granted by the City through the proper officials. Nothing contained in these specifications shall be construed as establishing any contractual relationship between any subcontractor and the City. The Successful Bidder(s) shall submit all subcontractor reference information including contact, address, phone, email, copies of licenses/certifications required by the State of Florida and/or Miami -Dade County and be fully responsible to the City for the acts and omissions of the subcontractor and their employees, the same as for acts and omissions of persons employed by the Successful Bidder(s). 2.9. REFERENCES Each bid must be accompanied by a three (3) past performance references for each Line or Group for which Bidder(s)' firm submitted a response from similar sized customers who the Bidder has provided these services to within the last three (3) years in the Certification Section of this solicitation. References provided shall include the name of the company, dates of contract, description of goods or services supplied, a contact person, the telephone number, and email The Bidder may only use one (1) department as a reference from each entity. This is reflected in the Certifications Section of this Solicitation. NO BID WILL BE CONSIDERED WITHOUT THIS LIST. 2.10. INSURANCE REQUIREMENTS INDEMNIFICATION Successful Bidder(s) 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(s) and persons employed or utilized by Successful Bidder(s) in the performance of this Contract. Successful Bidder(s) 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(s) shall, upon written notice from the City, resist and defend such action or proceeding by counsel Invitation for Bid (IFB) 1781386 satisfactory to the City. The Successful Bidder(s) expressly understands and agrees that any insurance protection required by this Contract or otherwise provided by the Successful Bidder(s) 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(s) 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(s), or persons employed or utilized by Successful Bidder(s). 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(s) 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(s) 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(s) in which the City participated either through review or concurrence of the Successful Bidder(s)'s actions. In reviewing, approving or rejecting any submissions by the Successful Bidder or other acts of the Successful Bidder(s), the City, in no way, assumes or shares any responsibility or liability of the Successful Bidder(s) 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(s). Insurance Addendum for insurance definitions, requirements, and conditions. 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 A. Limits of Liability Statutory - State of Florida Waiver of Subrogation USL&H Endorsement Employer's Liability A. Limits of Liability $1,000,000 for bodily injury caused by an accident, each accident $1,000,000 for bodily injury caused by disease, each employee $1,000,000 for bodily injury caused by disease, policy limit (2) Commercial General Liability: A. Limits of Liability Bodily Injury and Property Damage Liability - Each Occurrence: $1,000,000 General Aggregate Limit: Products and Completed Operations: Personal and Advertising Injury: B. Endorsements Required: City of Miami included as an Additional insured Contingent and Contractual Liability Premises and Operations Liability Primary Insurance Clause (3) Business Automobile Liability Invitation for Bid (IFB) 1781386 $2,000,000 $1,000,000 $1,000,000 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) Protection and Indemnity Liability A. Limits of Liability Each Occurrence Jones Act Included City of Miami listed as additional insured (5) Umbrella Liability $1,000,000 A. Limits of Liability Bodily Injury and Property Damage Liability Each Occurrence $1,000,000 Aggregate $1,000,000 City of Miami listed as additional insured. Excess Follow form over all applicable liability policies contained herein. (6) Hull and Machinery/Mobile Equipment per declared value (7) Ship Repairers Liability Included Invitation for Bid (IFB) 1781386 The above policies shall provide the City of Miami with written notice of cancellation in accordance with policy provisions. BINDERS ARE UNACCEPTABLE. The insurance coverage required shall include those classifications, as listed in standard liability insurance manuals, which most nearly reflect the operations of the Successful Bidder(s). 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(s) of their 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(s) shall be responsible for submitting new or renewed insurance certificates to the City at a minimum of ten (10) calendar days in advance of such expiration. - -In the event that expired certificates are not replaced with new or renewed certificates which cover the contractual period, the City shall: (4) Suspend the Contract until such time as the new or renewed certificates are received by the City in the manner prescribed in the Invitation To Bid. (5) The City may, at its sole discretion, terminate this Contract for cause and seek re -procurement damages from the Successful Bidder(s) in conjunction with the General and Special Terms and Conditions of the Bid. The Successful Bidder(s) shall be responsible for assuring that the insurance certificates required in conjunction with this Section remain in force for the duration of the contractual period; including any and all option terms that may be granted to the Successful Bidder(s). 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. Invitation for Bid (IFB) 1781386 2.12. CURES Please refer to Section 1.56 Notice Regarding "Cures" of the General Terms and Conditions of this solicitation. 2.13. SUBMISSION AND RECEIPT OF BIDS Please refer to Section 1.80, Submission and Receipt of Bids of the General Terms and Conditions of this solicitation. 2.14. 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, of 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 provision in Attachment A. If a solicitation requires services, effective on January 1, 2017, the Successful Bidder(s) must pay to all their 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 per 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. 2.15. 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. (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. Invitation for Bid (IFB) 1781386 2.16. APPROVED EQUAL PRODUCT Manufacturer's name, brand name and model/style number when used in these specifications are for the sole purpose of establishing minimum requirements of levels of quality, standards of performance and design required and is in no way intended to prohibit the bidding of other manufacturer's brands of equal material, unless otherwise indicated. Equal (substitution) may be bid, provided product so bid is found to be equal to quality, standards of performance, design, etc., to item specified, unless otherwise indicated. Where equal is proposed, bid must be accompanied by complete factory information sheets (specifications, brochures, etc.) and test results of unit bid is equal. Failure to do so at time of bid submittal may deem your bid non -responsive. 2.17. QUALITY AND MANUFACTURE The apparent silences of these Specifications as to any details or the apparent omission from it of a detailed description concerning any point, shall be regarded as meaning that only materials and workmanship of first quality are to be used. All interpretations of these specifications shall be made upon the basis of this statement. Specifications, brands and manufacturers' names, where given, are to establish product type and quality required. Any equal thereto will be considered, subject to the approval of the City of Miami. Bidders shall indicate on Price lines attributes, the manufacturer, brand and model or style number they intend to supply to the City, for each item bid. All materials shall be new, of current manufacturer, and shall carry standard warranties. No substitutions shall be allowed after the bid is awarded unless so authorized by the City. The City reserves the right to perform its own testing procedures or to send any and all samples to any certifiable laboratory for analysis. Any and all costs for testing shall be borne by the Successful Bidder. On the basis of this testing and analysis, the City shall be the sole judge of the acceptability of the sample in conjunction with the bid specifications and its decision shall be final. Any sample submitted shall create an express warranty that the whole of the goods and/or services to be provided by the Bidder during the contract period shall conform to the sample submitted. The Successful Bidder shall be required to provide adequate restitution to the City, in the manner prescribed by the City if this warranty is violated during the term of the contract. 2.18. PACKING SLIP/DELIVERY TICKET TO ACCOMPANY ITEMS DURING DELIVERY The Successful Bidder shall enclose a complete packing slip or delivery ticket with any items to be delivered in conjunction with this bid. The packing slip shall be attached to the shipping cartons which contains the items and shall be made available to the City's authorized representative during delivery. The packing slip or delivery ticket shall include, at a minimum, the following information: purchase order number, date of order, a complete listing of items being delivered, and back -order quantities and estimated delivery of back -orders if applicable. 2.19. NON -APPROPRIATION OF FUNDS In the event no funds or insufficient funds are appropriated and budgeted or are otherwise unavailable in any fiscal period for payments due under this Contract, then the City, upon written notice to the Successful Bidder 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 project(s) will be awarded to any firm(s). 2.20. PROJECT MANAGERS Upon award, Successful Bidder(s) shall report and work directly with Lt. Oriel Tameron, for Police, and Jose Davila Sr., for Fire, or designee, who shall be designated the Project Manager for the City of Miami. Invitation for Bid (IFB) 1781386 2.21. WARRANTY Equipment hereinafter specified shall be fully guaranteed by the Successful Bidder(s) against factory defects. Any defects which may occur as the result of either faulty material or workmanship within the period of the manufacturer's standard warranty will be corrected by the Successful Bidder(s) without expense to the City of Miami. Successful Bidder(s) shall indicate the terms of the manufacturer's standard warranty, and any specially offered optional warranty available. The manufacturer's warranties on items covered by this contract shall be considered, whereas Successful Bidder(s) shall obtain warranty schedules and call upon manufacturer for warranty claims If the Successful Bidder(s) fails to honor the warranty and/or fails to correct or replace the defective work or items within the period specified, the City may, at its discretion, notify the Bidder, in writing, that the Bidder may be debarred as a City Bidder and/or subject to contractual default if the corrections or replacements are not completed to the satisfaction of the City within ten(10) calendar days of receipt of this notice. If the Bidder fails to satisfy the warranty within the period specified in the notice, the City may (a) place the Bidder in default of its contract, and/or (b) procure the products or services from another vendor and charge the Bidder for any additional costs that are incurred by the City for this work or items: either through a credit memorandum or through invoicing. 2.22. USE OF PREMISES The Successful Bidder(s) shall confine their equipment, apparatus, the storage of materials, and the operation of their workmen to the limits indicated by law, ordinances, permits, or direction of the Project Manager, or designee, and shall not unreasonably encumber the premises with their materials. The Successful Bidder(s) shall take all measures necessary to protect their own materials. 2/3. DAMAGES TO PUBLIC/PRIVATE PROPERTY Any damage caused by the Successful Bidder(s) shall be reported to the Project Manager, or designee, either in person or in writing. Successful Bidder(s) shall be responsible for paying for any and all damages of which may be paid via credit against monthly billing or by direct payment. The Successful Bidder(s) shall carry out the work with such care and methods as not to result in damage to public or private property adjacent to the work. Should any public or private property be damaged or destroyed, the Successful Bidder(s), at their expense, shall repair or make restoration as is practical and acceptable to the City and/or owners of destroyed or damaged property promptly within a reasonable length of time. (Not to exceed one month from date damage was done). 2.24. RESPONSE TIME Response times for each Group are listed in Section 3.1, Scope of Work, of this document. The City shall be the sole determiner in what constitutes an emergency response time request. Response time and completion time may be considered a factor in determining whether the primary, secondary, or tertiary Successful Bidder(s) will be granted the order. 2.25. DELIVERY Successful Bidder(s) shall make delivery of any item(s) ordered herein within the required period of time specified on the purchase order. Failure to deliver as specified may be cause to deem the Successful Bidder in default. 2/6. SAFETY MEASURES Successful Bidder(s) shall take all necessary precautions for the safety of employees, and shall erect and properly maintain at all times all necessary safeguards for the protection of the employees and the public. Danger signs warning against hazards created by their operation and work in progress must be posted. Successful Bidder(s) shall Invitation for Bid (IFB) 1781386 provide adequate barriers, flag person, traffic cones, signs and/or warning devices during the performance of the contract. All employees of Successful Bidder(s) shall be expected to wear safety glasses or goggles, appropriate clothing, and hearing protection when and wherever applicable. The Successful Bidder(s) shall use only equipment that is fully operational and in safe operating order. Equipment remaining on site shall be locked and secure. All hand tools shall be removed daily from the site. Successful Bidder(s) shall be especially careful when servicing property when pedestrians and/or vehicles are in close proximity - work shall cease until it is safe to proceed. Any damage to public or private property as the result of operations of the Successful Bidder(s), shall be the sole responsibility of the Successful Bidder(s) and shall be repaired by the Successful Bidder(s), their forces, or their selected personnel, within a reasonable length of time (not to exceed one month from the date damage was done), to the satisfaction of the Project Manager, or designee. 2.27. PUBLIC SAFETY The Successful Bidder(s) shall conduct their work so as to interfere as little as possible with private business or public travel. The Successful Bidder(s) shall, at their own expense, whenever necessary or required, maintain barricades, maintain lights, and take such other precautions as may be necessary to protect life and property, and the Successful Bidder(s) shall be liable for all damages occasioned in any way by their actions or neglect or that of its agents or employees. The Successful Bidder(s) shall meet the following noise abatement performance standards for all construction equipment: Between the hours of 7:00 A.M. and 10:00 P.M. noise levels shall not exceed 65 dBA at the nearest residential or commercial property line. Operation of equipment should be avoided between the hours of 10:00 P.M. and 7:00 A.M., but if required, the noise level shall not exceed 65 dBA. 2.28. METHOD OF PAYMENT Full payment will be made upon receipt and acceptance of a complete unit(s). No down or partial down payments will be made. 2.29. PARTS AT PASS THROUGH COST The cost for all parts associated with any work performed for Groups 1, 2, and 4 will be at a pass through cost to the City of Miami. Successful Bidder shall submit purchase receipt of parts along with labor invoice for payment. Successful Bidder shall be responsible for sourcing all parts necessary to complete the work requirements of each job specification or this contract. Replacement parts furnished must meet Original Equipment Manufacturer (OEM) standards or an authorized, approved by the City, 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 shall not be used as replacements. 230. SPECIFICATION EXCEPTIONS Specifications are based on the most current literature available. Bidder shall notify the City of Miami Department of Procurement, in writing, no less than ten (10) days prior to solicitation closing date of any change in the manufacturers' specifications which conflict with the specifications. For electronic bid submittals, Bidders must submit the explanation as an attachment and if applicable attach a scanned copy of the manufacturers' specifications Invitation for Bid (IFB) 1781386 data detailing the changed items with their submission. Additionally, Bidders must indicate any options requiring the addition of other options, as well as those which are included as a part of another option. Failure of Bidders to comply with these provisions will result in Bidders being held responsible for all costs required to bring the items in compliance with contract specifications. 231. ADDITION/DELETION 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 supplier shall be invited to submit price quotes for these new facilities/products/items/services. If these prices are not competitive or not carried, the City maintains the right to add additional suppliers to 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 addendum and a separate purchase order shall be issued by the City. 232. FAILURE TO PERFORM Should it not be possible to reach the Successful Bidder(s) or authorized representative(s) and/or should remedial action not be taken within twenty-four (24) hours on any failure to perform, the City reserves the right to declare Successful Bidder(s) in default of the contract or make appropriate reductions in the contract payment or terminate the contract for cause. 233. 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 to 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. 234. 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. 235. 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, Invitation for Bid (IFB) 1781386 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. 2.36. PRIMARY CLIENT (FIRST PRIORITY) The Successful Bidder(s) 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(s) may have with any other cities and/or counties to perform similar services as a result of any catastrophic events such as tornadoes, hurricanes, severe storms or any other public emergency impacting various areas during or approximately the same time. 2.37. TERMINATION A. FOR DEFAULT If Successful Bidder(s) 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(s) was not in default or (2) the Successful Bidder(s)'s failure to perform is without their or their 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(s) will be compensated in accordance with an agreed upon adjustment of cost. To the extent that this Contract is for services and so terminated, for 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. 238. 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. If a Professional Services Agreement (PSA) or other Agreement is provided by the City and is expressly included as part of this solicitation, no additional terms or conditions which materially or substantially vary, modify or alter the terms or conditions of the PSA or Agreement, in the sole opinion and reasonable discretion of the City will be considered. Any and all such additional terms and conditions shall have no force or effect and are inapplicable to this PSA or Agreement. 239. FIXED AND FIRM PRICING All prices quoted are fixed and firm throughout the term of the Contract. Invitation for Bid (IFB) 1781386 2.40. EQUITABLE ADJUSTMENT The Procurement Department may, in its sole discretion, make an equitable adjustment in the Contract pricing if pricing or availability of supply is affected by extreme or unforeseen volatility in the marketplace, that is, by circumstances that satisfy all the following criteria: (1) the volatility is due to circumstances beyond the Successful Bidder(s) control, (2) the volatility affects the marketplace or industry, not just the particular Contract source of supply, (3) the effect on pricing or availability of supply is substantial, and (4) the volatility so affect the Successful Bidder(s) that continued performance of the Contract would result in substantial loss. Successful Bidder(s) might have to supply documentation to justify any requested percentage increase in cost to the City of Miami. Invitation for Bid (IFB) 1781386 3. Specifications 3.1. SPECIFICATIONS/SCOPE OF WORK The intent of these specifications is to identify the types of equipment and define required repairs. The repairs shall include repairs, maintenance and restoring marine engines and watercraft to original manufacturer's performance standards. Repairs include, but are not limited to, engine, transmission, boat hull, ship carpentry, welding, mechanical, electrical, wax, rub rail repairs, gel coat repair (inclusive of the Keel plate), upholstery, canopy repairs, canvas/T-top replacement, electronics (Garmin, radio, navigational equipment), antennas, VHF radio, and stirring pumps. The City of Miami Marine Patrol currently has the following eight (8) vessels with the expectancy of receiving a new vessel by the end of the year: 1. 2006 Contender 2601 2. 2006 Contender 2602 3. 2006 Contender 2603 4. 2019 Contender 1901 5. 2007 Safe boat 2605 - 6. 2007 Safe boat 2606 - 7. 2018 Contender 1801 8. 2018 Contender 1802 9. 2023 Metal Shark - - 28' open fisherman, two (2) 250 HP Yamaha outboard; - 28' open fisherman, two (2) 250 HP Yamaha outboard; - 28' open fisherman, two (2) 250 HP Yamaha outboard; - 28' open fisherman, two (2) 300 HP Yamaha outboard; 27' open fisherman, two (2) 300 HP Yamaha outboard; 27' open fisherman, two (2) 300 HP Yamaha outboard; - 25' open fisherman, single 300 HP Yamaha outboard; - 25' open fisherman, single 300 HP Yamaha outboard; and 28' open fisherman, two (2) 300 HP Yamaha outboard (currently being built). Bidders are not required to bid on all items, only the items for which they are qualified to perform services on, or catalog parts which they are authorized to sell (only applicable to Groups 1-4). GROUP 1: Labor (Parts at Pass Through Cost) Scone of Work A. Certification To perform repairs and maintenance on the CATERPILLAR Engines, ULTRA JET SET drive parts, ZF MARINE TRANSMISSION, YAMAHA engines, MERCURY engines, KOHLER generators, or marine electronics (i.e., GPS, navigation, radar, antenna, speakers, etc.) on board Fire Boat #1, or any of the City of Miami's Marine Patrol vessels, the Successful Bidder(s) shall use only Factory Certified trained Technicians for each of these components, who are directly employed and supervised by the Successful Bidder. Successful Bidder(s) shall use reasonable care to maintain the boat motors and related equipment in proper operating condition at all times. Proof of certification, as stated in Section 2.7, must be submitted with the Bid, or your bid may be deemed non -responsive. B. Response Time and Emergency Service CATERPILLAR engines, YAMAHA engines, MERCURY engines, ULTRA jet drives parts, ZF MARINE transmission, and KOHLER generators: next business day for standard repairs/maintenance and four (4) hour emergency response time. C. Parts Availability When replacement parts are needed, the Successful Bidder(s) shall use Original Equipment Manufacturers (OEM) parts or parts that are equal in quality to the original parts, NON -OEM parts must be approved by the Project Manager(s) or designee in writing. The Successful Bidder(s) shall stock an adequate assoilinent of OEM parts to Invitation for Bid (IFB) 1781386 expeditiously repair and return to service the malfunctioning item/equipment. The City reserves the right, if it deems necessary, to purchase replacement parts and equipment according to City Procurement ordinances and regulations. Successful Bidder(s) agrees to install and maintain such parts and equipment. Successful Bidder(s) can either replace/repair parts or equipment that fail during the warranty period stated in the Successful Bidder(s)' Bid. If requested by the Project Manager(s) or designee, the Successful Bidder(s) shall acquire specialty parts through next day air freight. D. Location of Services The Successful Bidder(s) shall respond to the normal docking location of the watercrafts, unless advised that the watercraft is to be serviced or dry docked at a different location within the City. E. Cost Evaluation Prior to Repair The Successful Bidder(s) shall notify the Project Manager(s) or designee in writing, prior to making repairs, as to the anticipated costs involved. This notification shall be provided after the performance test/inspection and prior to any repairs. Successful Bidder(s) must have the Project Manager's or designee's approval in writing, prior to engaging in any repair work. F. Hourly Labor Rate (Engine and Drive Work) The hourly labor rate charges for engine and drive work shall be in accordance with the hours listed in the current engine manufacturer flat rate manual. The City shall be charged a flat rate based upon multiplying the hourly rate bid by the number of hours and tenths listed for each operation. If the operation requires removing broken or corroded screws, or if the Successful Bidder(s) feels that the particular operation requires work in excess of the hours listed, or if the Successful Bidder(s) requires additional hours to secure parts or supplies, additional time may be requested to complete the operation. However, if the Project Manager or designee determines that the Successful Bidder(s)' request is excessive, then the City reserves the right to re -bid that work to the next Successful Bidder(s) and award to the lowest responsive and responsible Bidder. G. Service Call Charge (if any) A service call charge may be added to have a technician(s) mobilize to the location of the vessel. This will be limited to a one-time flat fee per call, and not a daily charge (i.e., if repairs require more than one day, the service call charge will be applicable for the duration of the repair). GROUP 2: One Hundred (100) Hour Service Interval: Maintenance Inspections on the Engines (Inclusive of all Parts and Labor) Scope of Work A. Certifications One hundred (100) services on YAMAHA or MERCURY engines on board any of the City's vessels, shall be performed by Factory Certified trained Technicians, who are directly employed and supervised by the Successful Bidder(s). Technicians shall take reasonable care in maintaining the boat motors and related equipment in proper operating condition at all times. Proof of certification, as stated in Section 2.7. shall be submitted with the Bidder's Bid or Bid may be deemed non -responsive. B. Response Time and Emergency Service YAMAHA and MERCURY engines maintenance and repair: next business day for standard repairs/maintenance and four (4) hour emergency response time. Invitation for Bid (IFB) 1781386 C. Parts Availability When replacement parts are needed, the Successful Bidder(s) shall use OEM parts or parts that are equal in quality to the original parts, NON -OEM parts must be approved by the Project Manager(s) or designee in writing. The Successful Bidder(s) shall stock an adequate assoitiuent of OEM parts to expeditiously repair and return to service the malfunctioning item/equipment. The City reserves the right, if it deems necessary, to purchase replacement parts and equipment according to City Procurement ordinances and regulations. Successful Bidder(s) agrees to install and maintain such parts and equipment. Successful Bidder(s) can either replace/repair parts or equipment that fail during the warranty period stated in the Successful Bidder(s)' Bid. If requested by the Project Manager(s) or designee, the Successful Bidder(s) shall acquire specialty parts through next day air freight. D. Location of Services The Successful Bidder(s) shall respond to the normal docking location of the watercrafts, unless advised that the watercraft is dry docked at a different location within the City. E. Cost Evaluation Prior to Repair The Successful Bidder(s) shall notify the Project Manager(s) or designee in writing, prior to making repairs, as to the anticipated costs involved. This notification shall be provided after the performance test/inspection and prior to any repairs. Successful Bidder(s) must have the Project Manager's or designee's approval in writing, prior to engaging in any repair work. F. Hourly Labor Rate (Engine and Drive Work) The hourly labor rate charges for engine and drive work shall be in accordance with the hours listed in the current engine manufacturer flat rate manual. The City shall be charged a flat rate based upon multiplying the hourly rate bid by the number of hours and tenths listed for each operation. If the operation requires removing broken or corroded screws, or if the Successful Bidder(s) feels that the particular operation requires work in excess of the hours listed, or if the Successful Bidder(s) requires additional hours to secure parts or supplies, additional time may be requested to complete the operation. However, if the Project Manager or designee determines that the Successful Bidder(s)' request is excessive, then the City reserves the right to re -bid that work to the next Successful Bidder(s) and award to the lowest responsive and responsible Bidder. GROUP 3: Parts Only, Minimum Percent (%) Discount Off Parts Catalog (List Catalogs) Scope of Work (Insurance Requirements will not Apply to this Group) The City may purchase parts from the Successful Bidder(s) to have for its inventory or for installation by City staff. The City will use the % discount provided by the Successful Bidder(s) for the applicable line items to calculate the cost from the Manufacturer's Suggested Retail Price (MSRP). This is the only group that will allow for parts at a discount from the MSRP. Whenever labor, maintenance, service or repairs are being provided along with the parts, the Successful Bidder(s) shall invoice parts at the Pass -Through Cost as stated in Section 2.30. A. Response Time and Emergency Parts Parts: three (3) business days for standard orders, next day for emergency part orders. The City will pay for additional shipping/freight, if approved in writing. Invitation for Bid (IFB) 1781386 GROUP 4: Fiberglass/Aluminum Boat Hull Repair (Parts at Pass Through Cost) Scope of Work The Successful Bidder(s) shall provide an hourly labor rate for structural and cosmetic repairs to fiberglass/aluminum boats including all necessary equipment. Material necessary for repairs shall be invoiced at the pass -through cost. Successful Bidder(s) shall provide these services on an as needed basis. A. Response Time and Emergency Service Boat hull and repair: next business day for standard repairs. No emergency requirement for this group. B. Service Call Charge (if any) A service call charge may be added to have a technician(s) mobilize to the location of the vessel. This will be limited to a one-time flat fee per call, and not a daily charge (i.e., if repairs require more than one day, the service call charge will be applicable for the duration of the repair). GROUP 5: Haul -Out Hurricane Plan Scope of Work The Successful Bidder(s) shall be able to provide in -water storage or hoist our -of -water space, whichever is available at the time of need, for the thirty-five (35') foot (ft.) Marlin, forty-eight (48') ft. City Fireboat 1, and fifty- one (51') ft. Houseboat in the event of a hurricane, or hurricane warning between June and November of each year. In -water storage shall be in a covered and protected area. These City boats shall be the last in the facility and shall be the first back in the water after the storm. Prices submitted shall be all inclusive. Storage facility shall be located within the municipal limits of the City. GROUP 6: Barnacle Removal Scope of Work The Successful Bidder(s) shall perform barnacle removal for the City of Miami Fire -Rescue Marine Operations Vessels, onsite at the location listed below, yearlong, bi-monthly (photos and videos shall be available upon request): 1. Two (2), 50-foot (ft.) Metal Craft Aluminum Fireboats; 2. One (1), 50 ft. Houseboat Fire Station; 3. One (1), 27 ft. Boston Whaler Center Console; and 4. One (1), 35 ft. Marlin Center Console. Vessel Location: Bayside Marina 401 Biscayne Blvd. Miami, FL 33132 Houseboat Location: Dinner Key Marina 3400 Pan American Drive Miami, FL 33133 Invitation for Bid (IFB) 1781386 The Successful Bidder shall: 1. Clean barnacles, algae, and any fouling below the waterline; and 2. Perform multi -point underwater inspections of zincs, running gear, bottom paint, and report findings on every service. Notes: 1. The Successful Bidder(s) shall be responsible for the barnacle removal for all the Fire boats. Bamacle removal for the City of Miami Marine Patrol boats will be done by the City; 2. Repair Services: If Successful Bidder is within the City limits, the vessels will be taken to the Successful Bidder's facility. If Successful Bidder is not within the City limits, the Successful Bidder will go to the City Marina where the vessel is located; and 3. Additional work outside the scope of work must be reported to the Project Manager or designee prior to the commencement of work. No work shall be completed without the written approval of the Project Manager or designee. The Successful Bidder(s) 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(s) shall be paid at the Successful Bidder(s)'s expense. ANNIE PEREZ, CPPO Director of Procurement Titu o £IThxi ADDENDUM NO. 1 ARTHUR NORIEGA V City Manager IFB 1781386 April 12, 2024 INVITATION FOR BID ("BID") BOAT MAINTENANCE, REPAIRS, PARTS, AND RELATED MARINE SERVICE, CITYWIDE 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. The IFB's deadline for Receipt of Request for Additional Information/Clarification has been changed to Tuesday, April 16, 2024, at 5:00 P.M. The IFB's closing date and time has been changed to Wednesday, April 24, 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. y��l� 4. 1 �a.6v� fn r Annie Perez, CPPO Director/Chief Procurement Officer Procurement Department AP:ts c. Manuel Morales, Chief, Police Department Robert Hevia, Chief, Fire -Rescue 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: SIGNATURE: DATE: ANNIE PEREZ, CPPO Director of Procurement Titu o t1Thxi ADDENDUM NO. 3 ARTHUR NORIEGA V City Manager IFB 1781386 May 1, 2024 INVITATION FOR BID ("BID") BOAT MAINTENANCE, REPAIRS, PARTS, AND RELATED MARINE SERVICE, CITYWIDE 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. The IFB's closing date and time has been changed to Friday, May 10, 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. I�ya .�Y . ��/?� for !///Annie Perez, CPPO Director/Chief Procurement Officer Procurement Department AP:ts c. Manuel Morales, Chief, Police Department Robert Hevia, Chief, Fire -Rescue 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 o t1Thxi ADDENDUM NO. 4 ARTHUR NORIEGA V City Manager IFB 1781386 May 7, 2024 INVITATION FOR BID ("BID") BOAT MAINTENANCE, REPAIRS, PARTS, AND RELATED MARINE SERVICE, CITYWIDE 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. The IFB's closing date and time has been changed to Friday, May 17, 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. IiGa .�Y . c1 daA-e-e, for Annie Perez, CPPO Director/Chief Procurement Officer Procurement Department AP:ts c. Manuel Morales, Chief, Police Department Robert Hevia, Chief, Fire -Rescue 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: