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Arthur Noriega V City Manager CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM DATE: June 13, 2025 FILE: SUBJECT: Recommendation for Approval to Award Contract for Vehicle Decals and Striping Services FROM: Annie Perez, CPPO REFERENCES: Invitation for Bid ("IFB") No. Director/Chief Procurement Officer 1852386 Department of Procurement ENCLOSURES: Bid Tabulation RECOMMENDATION: Based on the findings below, the Procurement Department ("Procurement") hereby recommends award of Invitation for Bid, ("IFB") No. 1852386 to the sole responsive and responsible Bidder, Graphic Designs International LLC, ("Graphic Designs International") for the purchase of Vehicle Decals and Striping Services, on an as needed basis. The awarded vendor, contract terms, and amount are shown below: Contract Number/Title: IFB No. 1852386, Vehicle Decals and Striping Services Contract Amount: Approximately $450,000.00 (in the aggregate) Contract Term: Three (3) years with option to renew for one (1) additional three (3) year period. Recommended Vendor: Graphic Designs International LLC BACKGROUND: On August 22, 2024, Procurement on behalf on the City of Miami's General Services Administration ("GSA"), issued IFB No. 1852386 for the purchase of Vehicle Decals and Striping Services, on an as needed basis, under full and open competition. On October 11, 2024, at bid closing one (1) bid was received. The Bid was evaluated and tabulated following the guidelines published in the IFB. A survey was conducted and responses included not offering the services listed, not having enough years incorporated or were not ready to bid. Subsequently, a Best and Final Offer Letter ("BAFO") was sent to Graphic Designs International, the sole responsive and responsible Bidder. The approval of this recommendation to award is requested. Your signature below will indicate approval of this recommendation. Approved: Date: Arthur Noriega V., City Manager cc: Larry M. Spring, CPA, Chief Financial Officer, Assistant City Manager Natasha Colebrook -Williams, Deputy City Manager Jennifer Ramirez, Director, General Services Administration Thomas M. Fossler, Assistant City Attorney Yadissa A. Calderon, CPPB, Assistant Director. Department of Procurement PR24329 BID TABULATION IFB NO. 1852386 VEHICLE DECALS AND STRIPING BEST AND FINAL OFFER (BAFO) Graphic Designs International, Inc. BAFO Item # Description UOM Unit Price Total Unit Price # 1 Police Vehicle Decals, Police Department Seal: 2" Diameter Seal Each $0.85 $ 0.85 Estimated Quantity 1 $0.85 # 2 Police Vehicle Decals, Police Department Seal: 3" Diameter Seal Each $1.33 $ 1.33 Estimated Quantity 1 $1.33 # 3 Police Vehicle Decals, Police Department Seal: 10" Diameter Seal Each $7.63 $ 7.63 Estimated Quantity 1 $7.63 # 4 Police Vehicle Decals, Police Department Seal: 12" Diameter Seal Each $10.39 $ 10.39 Estimated Quantity 1 $10.39 # 5 Police Vehicle Decals, Police Department Seal: 13" Diameter Seal Each $11.93 $ 11.93 Estimated Quantity 1 $11.93 # 6 Police Vehicle Decals, Police Department Seal: 13.5" Diameter Seal Each $31.94 $ 31.94 Estimated Quantity 1 $31.94 # 7 Police Vehicle Stripes (per roll for one car) Each $88.20 $ 88.20 Estimated Quantity 1 $88.20 # 8 Police Vehicle Roof Numbers Each $9.07 $ 9.07 Estimated Quantity 1 $9.07 # 9 Police and General Fleet Vehicles Side and Rear Numbers Each $0.83 $ 0.83 Estimated Quantity 1 $0.83 # 10 Police Vehicle Trunk Lettering: MIAMI Each $2.84 $ 2.84 Estimated Quantity 1 $2.84 # 11 Police Vehicle Trunk Lettering: POLICE Each $3.88 $ 3.88 Estimated Quantity 1 $3.88 # 12 Police Vehicle Right and Left Quarter Panels Lettering: POLICE Each $13.43 $ 13.43 Estimated Quantity 1 $13.43 # 13 Police Vehicle Right and Left Quarter Panels Lettering: "Professional Law Enforcement' Each $4.48 $ 4.48 Estimated Quantity 1 $4.48 # 14 Price per Square Foot of 3M brand 680 Scotchlite High Performance Reflective Vinyl Film with Scotchlite Controltac Adhesive backing. No Substitution. Square Foot $6.50 $ 6.50 Estimated Quantity 1 $6.50 # 15 Screen Print Labor for 3M brand 680 Scotchlite High Performance Reflective Vinyl Film with Scotchlite Controltac Adhesive backing. Hour $20.00 $ 15.00 Estimated Quantity 1 $20.00 Prepared by: Aileen Carbonell Procurement Contracting Officer 4/8/2025 BID TABULATION IFB NO. 1852386 VEHICLE DECALS AND STRIPING BEST AND FINAL OFFER (BAFO) # 16 Production Labor Cost for 3M brand 680 Scotchlite High Performance Reflective Vinyl Film with Scotchlite Controltac Adhesive backing. Hour $20.00 $ 15.00 Estimated Quantity 1 $20.00 # 17 DayBright High Performance Reflective Foot $5.50 $ 5.50 Estimated Quantity 1 $5.50 # 18 Screen Print Labor for Reflexite DayBright High Performance Reflective Vinyl Film. Hour $20.00 $ 15.00 Estimated Quantity 1 $20.00 # 19 Production Labor Cost for Reflexite DayBright High Performance Reflective Vinyl Film. Each $20.00 $ 15.00 Estimated Quantity 1 $20.00 # 20 Police Vehicle Rear Center Door: LIEUTENANT must measure no more than 2" in height. Material shall be ready -to- install: 3M brand 680 Scotchlite High Performance Reflective VinylFilm with Scotchlite Controltac Adhesive backing. No Substitution Each $3.05 $ 3.05 Estimated Quantity 1 $3.05 # 21 Police Vehicle Rear Center Door: SERGEANT must measure no more than 2" in height. Material shall be ready -to- install: 3M brand 680 Scotchlite High Performance Reflective VinylFilm with Scotchlite Controltac Adhesive backing. No Substitution Each $2.64 $ 2.64 Estimated Quantity 1 $2.64 # 22 Police Vehicle Rear Center Door: K-9 UNIT must measure no more than 2" in height. Material shall be ready -to -install: 3M brand 680 Scotchlite High Performance Reflective VinylFilm with Scotchlite Controltac Adhesive backing. No Substitution Each $1.80 $ 1.80 Estimated Quantity 1 $1.80 # 23 Police Vehicle Rear Center Door: LIEUTENANT must measure no more than 2" in height. Material shall be ready -to- install: Reflexite DayBright High Performance Reflective Vinyl Film. No Substitution. Each $5.68 $ 5.68 Estimated Quantity 1 $5.68 # 24 Police Vehicle Rear Center Door: SERGEANT must measure no more than 2" in height. Material shall be ready -to- install: Reflexite DayBright High Performance Reflective Vinyl Film. No Substitution. Each $4.91 $ 4.91 Estimated Quantity 1 $4.91 Prepared by: Aileen Carbonell Procurement Contracting Officer 4/8/2025 BID TABULATION IFB NO. 1852386 VEHICLE DECALS AND STRIPING BEST AND FINAL OFFER (BAFO) # 25 Police Vehicle Rear Center Door: K-9 UNIT must measure no more than 2" in height. Material shall be ready -to -install: Reflexite DayBright High Performance Reflective Vinyl Film. No Substitution. Each $3.36 $ 3.36 Estimated Quantity 1 $3.36 # 26 Police Vehicle Rear Bumper Center: DOT Traffic Tape must measure 2" x 29" (11" red/ 7" white/ 11" red). Material shall be ready -to -install: 3M Reflective Conspicuity Marking Series #983-32. No Substitution. Each $4.75 $ 4.75 Estimated Quantity 1 $4.75 # 27 Police Vehicle Rear Bumper Left/Right: DOT Traffic Tape must measure 2" x 18" (7" white/ 11" red). Material shall be ready- to -install: 3M Reflective Conspicuity Marking Series #983-32. No Substitution. Each $2.85 $ 2.85 Estimated Quantity 1 $2.85 # 28 Police and General Fleet Vehicle Trunk: American Flag must measure 4" x 2.30". Material shall be ready -to -install: Screen printed Red/Blue on 3M brand 680 Scotchlite High Performance Reflective Vinyl Film with Scotchlite Controltac Adhesive Each $2.27 $ 2.27 Estimated Quantity 1 $2.27 # 29 General Fleet Vehicle Decals, City Seal: 2" Diameter Seal Each $0.74 $ 0.74 Estimated Quantity 1 $0.74 # 30 General Fleet Vehicle Decals, City Seal: 4" Diameter Seal Each $1.66 $ 1.66 Estimated Quantity 1 $1.66 # 31 General Fleet Vehicle Decals, City Seal: 10" Diameter Seal Each $13.63 $ 13.63 Estimated Quantity 1 $13.63 # 32 General Fleet Vehicle Decals, City Seal: 12" Diameter Seal Each $16.18 $ 16.18 Estimated Quantity 1 $16.18 # 33 General Fleet Vehicle Decals, City Seal: 15" Diameter Seal Each $16.86 $ 16.86 Estimated Quantity 1 $16.86 # 34 General Fleet Vehicle Decals, Lettering: STAY BACK 50 FEET Each $15.04 $ 15.04 Estimated Quantity 1 $15.04 # 35 General Fleet Vehicle Decals, Individual Numbers (0-9) Each $0.83 $ 0.83 Estimated Quantity 1 $0.83 # 36 General Fleet Vehicle Decals, Individual Letters (A-Z) Each $0.83 $ 0.83 Estimated Quantity 1 $0.83 # 37 Fire Vehicle Decals, Fire Department Seal: 2" Diameter Seal Each $0.74 Prepared by: Aileen Carbonell Procurement Contracting Officer 4/8/2025 BID TABULATION IFB NO. 1852386 VEHICLE DECALS AND STRIPING BEST AND FINAL OFFER (BAFO) Estimated Quantity 1 $0.74 $ 0.74 # 38 Fire Vehicle Decals, Fire Department Seal: 4" Diameter Seal Each $1.66 $ 1.66 Estimated Quantity 1 $1.66 # 39 Fire Vehicle Decals, Fire Department Seal: 10" Diameter Seal Each $6.67 $ 6.67 Estimated Quantity 1 $6.67 # 40 Fire Vehicle Decals, Fire Department Seal: 12" Diameter Seal Each $9.06 $ 9.06 Estimated Quantity 1 $9.06 # 41 Labor Rate for Installation of Decals and Striping Hour $25.00 $ 15.00 Estimated Quantity 100 $2,500.00 # 42 Labor Rate for Design Time for New Designs and Special Projects Hour $20.00 $ 15.00 Estimated Quantity 100 $2,000.00 TOTAL (AS BID) $439.01 $ 404.01 Total Savings $ 35.00 Approved byc:- Date: Department Direct/Designee June 13, 2025 Prepared by: Aileen Carbonell Procurement Contracting Officer 4/8/2025 From: Carbonell, Aileen To: Carbonell. Aileen Bcc: bids@bavougraphics.com• Blink Signs' eHiooins@ciisgroup.com• ashlev.welker@constructconnect.com• andviones19850gmail.com• sales@danenterprisesteam.com• Columbus' Daraharsh@gmail.com• dodoe.dioital.operations@construction.com• iavalakshmil@construction.com• mlamoreaux@erepublic.com• kila@floridabid.com• bids@fvremarketingadvisors.com• wavne.ferousson.eoc@gmail.com• katherine.bliss@constructconnect.com• iasoroupinvest@gmail.com• office@leervder.com• OFFICE@LEERYDER.COM' nispresswashpaintlIc@gmail.com• sourcemanaoement@napc.me• spatil@opsecsecuritv.com• testtestl50bidsvnc.com• bmontilva@periscopeholdings.com• bids@pwxpress.com• oreq@unitechbuilderscorp.com• angel@valentinospaintingsigns.com' vexeancleaningservicellc@gmail.com' josh@wrapgfx.com• rtcleaningsvcs@gmail.com' steve@rvsg.com• info@signaliteinc.com' francisco@signarama-hollvwoodfl.com• info@pdfsignsfl.com• swalker8585@gmail.com' proposal@turbo-images.com Subject: ACTION REQUIRED: City of Miami Survey Questions for Invitation for Bid No. 1852386 Vehicle Decals and Striping Services Date: Tuesday, February 25, 2025 10:47:00 AM Attachments: imaoe00l.ona image002.wmz imaoe005.ona imaoe006.ona Importance: High Good morning, Invitation for Bid No. 1852386 for Vehicle Decal and Striping Services was advertised on behalf of the City of Miami on Periscope S2G/BidSync commencing on August 22, 2024, and closing on October 11, 2024. Due to limited participation, the City is reaching out to firms that received notification of this solicitation to better understand any potential barriers that may have influenced the decision not to submit a bid. We kindly ask that you select the response that best reflects your reason for not participating. Your feedback is greatly appreciated. Thank you. 1. ❑ My firm was unable to meet the timeline for proposal due date. 2. ❑ My firm did not have enough time to ask the City questions necessary to complete the IFB. 3. ❑ Not enough information in the Scope of Services. 4. ❑ Not interested. 5. ❑ Other (please specify below). Other: Your response within 72 hours is very much appreciated. Should you have any questions or concerns, please do not hesitate to contact me at information listed below. Kind regards, Aileen Carbonell, MPA Procurement Contracting Officer Department of Procurement 444 SW 2nd Avenue, 6FL Miami, FL 33130 Office: (305) 416-1914 eFax: (305) 400-5070 Email: acarbonellamiami.gov Website: https://www.miami.gov/Government/Departments-Organizations/Procurement Vendor Registration: https://www.miami.gov/Business-Licenses/Doing-Business-with-the-City/Register-as-a-City-Supplier- Vendor "Serving, Enhancing, and Transforming our Community" Mission: The City of Miami Department of Procurement's mission is to ethically procure quality goods and services, design, construction and construction management services at the best value for the City, while providing excellent customer service, process efficiency, transparency, fairness, competition, accountability, and maintaining public trust. Please consider the environment before printing this e-mail CONFIDENTIAL COMMUNICATION The information contained in this transmission may contain privileged and confidential information. It is intended only for the use of the person(s) named above. If you are not the intended recipient, you are hereby notified that any review, dissemination, distribution, or duplication of this communication is strictly prohibited. If you are not the intended recipient, please immediately contact the sender by reply e-mail and destroy all copies of the original message. Thank you. *Please Note: Due to Florida's very broad public records law, most written communications to or from City of Miami employees regarding City business are public records, available to the public and media upon request. Therefore, this e-mail communication may be subject to public disclosure. DIVISION OF CORPORATIONS ip / DsVEID r of J i r r 0 r r 1y w official laic of Flotilla svei1Sf14' Department of State / Division of Corporations / Search Records / Search by Entity Name / Detail by Entity Name Florida Limited Liability Company GRAPHIC DESIGNS INTERNATIONAL LLC Filing Information Document Number L19000173598 FEI/EIN Number 84-2418359 Date Filed 06/28/2019 Effective Date 06/28/2019 State FL Status ACTIVE Last Event LC AMENDMENT Event Date Filed 07/31/2019 Event Effective Date NONE Principal Address 7941 SW JACK JAMES DR STUART, FL 34997 Changed: 01/06/2021 Mailing Address 4301 SW SUNDOWN LANE PALM CITY, FL 34990 Changed: 03/04/2022 Registered Agent Name & Address AMSALEM, KIMBERLY V 4301 SW SUNDOWN LANE PALM CITY, FL 34990 Address Changed: 03/04/2022 Authorized Person(s) Detail Name & Address Title MGR AMSALEM, KIMBERLY V 4301 SW SUNDOWN LANE PALM CITY, FL 34990 Annual Reports Report Year Filed Date 2022 03/04/2022 2023 04/12/2023 2024 03/20/2024 Document Images 03/20/2024 -- ANNUAL REPORT 04/12/2023 -- ANNUAL REPORT 03/04/2022 -- ANNUAL REPORT 01/06/2021 -- ANNUAL REPORT 03/09/2020 -- ANNUAL REPORT 07/31 /2019 -- Amendment 06/28/2019 -- 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 View image in PDF format Florida Department of State, Division of Corporations IFB No. 1852386 IFB 1852386 Vehicle Decal and Striping Services Survey The following survey was sent to vendors registered with the City of Miami that received notification of the Invitation for Bid. The above referenced solicitation was advertised on August 22, 2024. The due date was October 11, 2024. Due to lack of participation, Procurement reached out to the some of the identified vendors to determine whether barriers existed in their decision not to compete. For example: 1. My firm was unable to meet the timeline for proposal due date. 2. My firm did not have enough time to ask the City questions necessary to complete the IFB. 3. Not enough information in the Scope of Services. 4. Not interested. 5. Other Following are the responses as received from firms: Firm Response 1 LRE Inc dba Ryder Lamination Magena office(c�leeryder.com Company does not offer striping services. 2 Signarama Hollywood Francisco Rodriguez Villegas francisco(a�signarama-hollywoodfl.com Company was created less than 3 years ago and did not meet the criteria. 3 Vexean Vech Services LLC vexeancleaningservicellc(a�gmail.com Firm was unable to meet timeline for proposal due date and question deadline missed also. 4 PDF signs Brooke Bradshaw brooke(c�pdfsignsfl.com The "No Substitutions" requirements for NASDAR 9727 Mixing Overprint led her to decide against submitted a bid. 5 Turbo Images Steve Payne steve.payne@turbo-images.com At the time bid was open company was not actively bidding for this particular vehicle type. 6 RV Stripes & Graphics Inc Steve Zacher steve(a�rvsg.com Company not located in the State of Florida and this is a requirement. ANNIE PEREZ, CPPO Director of Procurement ADDENDUM NO. 2 ARTHUR NORIEGA V. City Manager IFB No. 1852386 September 25, 2024 INVITATION FOR BID ("IFB") FOR VEHICLE DECAL AND STRIPING SERVICES 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. The IFB's closing date and time has been changed to Friday, October 11, 2024 at 2:00 pm. B. The following line has been added to the solicitation: 1-42 Labor Rate for Design Time for New Designs and Special Projects Quantity:100 Hour C. The following are inquiries received from Prospective Bidder(s) and the City's corresponding responses: Q1. Is the City requiring that Bidders own an in-house roll goods machine to make the precise striping required for this bid? Al. Yes, the City of Miami requires that the Successful Bidder owns an in-house roll goods machine to make precise striping as required by the Solicitation. Q2. In regard to the references, what is the contract size requirement for the three (3) contracts? (e.g. $50,000.00, $100,000.00) A2. Bidder should be able to provide at least two (2) references from awarded contracts of/or up to $50,000 annually; and One (1) contract of at least $100,000 annually. Q3. Would the City like to add a labor rate per hour for design time for new designs and special projects? A3. Yes. Refer to Section A above. Q4. To confirm this solicitation is referring to the provision of vehicle decal and striping services? A4. Yes. 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. �rli fo r Annie Perez, CPPO Director/Chief Procurement Officer City of Miami Procurement Department AP:vg cc. Larry Spring, Assistant City Manager, Chief Financial Officer Thomas M. Fossler, Assistant City Attorney, City of Miami Office of the City Attorney Yadissa A. Calderon, CPPB, Assistant Director, Department 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 ADDENDUM NO. 1 ARTHUR NORIEGA V. City Manager IFB No. 1852386 August 28, 2024 INVITATION FOR BID ("IFB") FOR VEHICLE DECAL AND STRIPING SERVICES 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. Section 2.3 Deadline for Receipt of Request for Additional Information/Clarification of the Solicitation has been deleted in its entirety and hereby replaced with the following: Any questions or clarifications concerning this solicitation shall be submitted electronically via Bidsync. All questions must be received no later than Friday, September 06, 2024 at 2:00 p.m. All responses to questions will be sent to all prospective Bidders in the form of an addendum. NO QUESTIONS WILL BE RECEIVED VERBALLY OR AFTER SAID DEADLINE. 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. a d_ a .�Y . ("a ie.4.zw. fo r Annie Perez, CPPO Director/Chief Procurement Officer City of Miami Procurement Department AP:vg cc. Barbara Hernandez, Assistant City Manager, Chief of Operations Larry Spring, Assistant City Manager, Chief Financial Officer Jennifer Ramirez, Director, Department of General Services Administration Thomas Fossler, Assistant City Attorney Yadissa A. Calderon, CPPB, Assistant Director, Department of Procurement This Addendum shall be signed by an authorized representative and dated by the Bidder and submitted as proof of receipt with the submission of the Bid. NAME OF FIRM: DATE: SIGNATURE: City of Miami Invitation for Bid (IFB) Procurement Department Miami Riverside Center 444 SW 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: 1852386 Vehicle Decal and Striping Services 21- AUG-2024 27-SEP-2024 @ 14:00:00 Voluntary 28-AUG-2024 @ 09:00:00 Virtual Via TEAMS Meeting 06-SEP-2024 @ 14:00:00 Giraldo, Victoria VictoriaGiraldo@miamigov.com 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 the 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'S NAME: ADDRESS: PHONE: FAX: EMAIL: CELL(Optional): SIGNED BY: TITLE: DATE: FAILURE TO COMPLETE, SIGN, AND RETURN THIS FORM SHALL DEEM YOUR BID NON -RESPONSIVE. 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 Employer Identification Number ("EIN/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). If no subcontractor(s) will be utilized, please enter N/A. 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 enter N/A. 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 (5) 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, or 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, Email, and Telephone Number for above referenced No. 1 Reference No. 1: Date of Contract or Sale for above referenced 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, Email, and Telephone Number for above referenced No. 2 Reference No. 2: Date of Contract or Sale for above referenced 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, Email, and Telephone Number for above referenced No. 3 Reference No. 3: Date of Contract or Sale for above referenced No. 3 Does the Bidder have a facility(ies) within the State of Florida If so, state each location. The Bidder can provide prompt payment discount, pursuant to Section 1.66, Prompt Payment of the Terms and Conditions. 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. IMPORTANT NOTICE TO BIDDERS: • FAILURE TO COMPLETE, SIGN AND UPLOAD THE CERTIFICATION STATEMENT, CERTIFICATIONS SECTION WILL RENDER YOUR BID NON -RESPONSIVE. • FAILURE TO COMPLETE, SIGN AND UPLOAD THE ANTI -HUMAN TRAFFICKING AFFIDAVIT WILL RENDER YOUR BID NON- RESPONSIVE. • ALL UPLOADS SHALL BE IN 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. • ALL ATTACHMENTS PERTAINING TO THIS SOLICITATION ARE LOCATED ON THE DOCUMENTS SECTION. • FOR ANY BIDSYNC TECHNICAL ISSUES AND/OR DIFFICULTIES PLEASE CONTACT BIDSYNC VENDOR SUPPORT TOLL -FREE NUMBER 800-990-9339, EMAIL SUPPORT@BIDSYNC.COM OR SUPPORT.BIDSYNC.COM Page 16 of 50 Table of Contents Terms and Conditions 1. General Conditions 1.1. GENERAL TERMS AND CONDITIONS 2.Special Conditions 2.1. PURPOSE 2.2. PRE-BID/PRE-PROPOSAL CONFERENCE 2.3. DEADLINE FOR RECEIPT OF REQUEST FOR ADDITIONAL INFORMATION/CLARIFICATION 2.4. TERM OF CONTRACT 2.5. CONDITIONS FOR RENEWAL 2.6. BIDDER'S MINIMUM QUALIFICATIONS/REQUIREMENTS 2.7. METHOD OF AWARD 2.8. TIE BIDS 2.9. INSURANCE REQUIREMENTS 2.10. CURES 2.11. SUBMISSION AND RECEIPT OF BIDS 2.12. LOCAL OFFICE PREFERENCE 2.13. PUBLIC ENTITY CRIMES 2.14. ANTITRUST VIOLATOR VENDORS 2.15. ANTI -HUMAN TRAFFICKING 2.16. CITY OF MIAMI LIVING WAGE ORDINANCE 2.17. E-VERIFY EMPLOYMENT VERIFICATION 2.18. FAILURE TO PERFORM 2.19. SAMPLES 2.20. PROJECT MANAGER 2.21. NON -APPROPRIATION OF FUNDS 2.22. EQUITABLE ADJUSTMENT 2.23. INVOICING 2.24. SUCCESSFUL BIDDER POINT OF CONTACT 2.25. DELIVERY 2.26. MATERIALS SHALL BE NEW AND WARRANTED AGAINST DEFECTS 2.27. NO SUBSTITUTIONS 2.28. ADDITIONS/DELETIONS OF ITEMS/PRODUCTS / SUPPLIERS 2.29. TERMINATION 2.30. PRIMARY CLIENT (FIRST PRIORITY) 2.31. ADDITIONAL TERMS AND CONDITIONS 3. Specifications SPECIFICATIONS/SCOPE OF WORK Terms and Conditions 1. General Conditions 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/equipment/services with an estimated aggregate cost of $25,000.00 or more. Definition: A formal solicitation is defined as issuance of an Invitation for Bids, Request for Proposals, Request for Qualifications, or Request for Letters of Interest pursuant to the City of Miami (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 OR EQUIPMENT - Any good(s) or equipment delivered under this formal solicitation, if applicable, shall remain the property of the seller until a physical inspection and actual usage of the good is made, and thereafter is accepted as satisfactory to the City. It must comply with the terms herein and be fully in accordance with specifications and of the highest quality. In the event the goods 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's/Contractor's expense. 1.2. ACCEPTANCE OF OFFER - The signed or electronic submission of a Bidder's response shall be considered an offer on the part of the Bidder; such offer shall be deemed accepted upon issuance by the City of a purchase order. 1.3. ACCEPTANCE/REJECTION — The City reserves the right to accept, reject any or all, or portion of responses after opening/closing date, and request re -issuance on the goods/services described in the Formal Solicitation. In the event of a rejection, the Director of Procurement shall notify all affected Bidders and provide a written explanation for such rejection. The City also reserves the right to reject the Response of any Bidder which has previously failed to properly perform under the Terms and Conditions of a City Contract, to deliver on time contracts of a similar nature, and which is not capable to perform the requirements defined in this Formal Solicitation. The foregoing is not an all-inclusive list of reasons for which a response may be rejected. The City further reserves the right to waive any irregularities. minor informalities, or technicalities in any or all responses and may, at its sole discretion, re -issue the Formal Solicitation. 1.4. ADDENDA — It is the Bidder's responsibility to ensure receipt of all Addenda. Responses to questions/inquiries from prospective Bidders will be provided in the form of an Addendum. Addenda are attached in the Documents Section of BidSync. 1.5. ALTERNATE RESPONSES — Alternate responses will not be considered, unless specifically requested by the City. 1.6. 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 resulting Conhact, 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. 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 or 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 specific number of days. Additional extensions over 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., 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. The Bidder shall forfeit bid deposit to the City, should City award Contract to Bidder and Bidder fails to accept the award. The City reserves the right to reject any and all surety tendered to the City. Bid deposits are returned to unsuccessful Bidders within ten (10) days after the award and Successful Bidder's acceptance of award. If one hundred eighty (180) days have passed after the date of the Formal Solicitation closing date, and no Contract has been awarded, all bid deposits will be returned on demand. 1.12.BID SECURITY FORFEITED LIQUIDATED DAMAGES - Failure to execute a Contract and/or file an acceptable Performance Bond, when required, as provided herein, shall be just cause for the annulment of the award and the forfeiture of the Bid Bond/Bid Security to the City, which forfeiture shall be considered, not as a penalty, but in mitigation of damages sustained which cannot be determined at the time of award. Award may then be made to the next lowest responsive and responsible Bidder, or all Bid responses may be rejected. 1.13.BID RESPONSE FORM — All required forms in the Formal Solicitation should be completed, signed, and submitted accordingly through the BidSync Electronic Portal. 1.14.BRAND NAMES — If, and wherever in the specifications, brand names, makes, models, names of any manufacturers, trade names, or Bidder catalog numbers are specified, it is for the purpose of establishing the type, function, minimum standard of design, efficiency, grade, or quality of goods only. When the City does not desire to rule out other competitors' brands or makes, the phrase "APPROVED EQUAL" is added. Unless otherwise specified, any manufacturers' names, trade names, brand names, information or catalog numbers listed in a specification are descriptive, not restrictive, or exclusive. The Bidder shall provide any equipment that meets or exceeds the applicable specifications, including without limitation the following: Equal in every important attribute, to include industry quality measurable standard, quality of product, accessibility of distribution, durability/reliability/dependability and warranty coverage, and 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 all Formal Solicitation before its opening/closing. In the event of cancellation, the Director of Procurement shall notify all prospective Bidders and provide a written explanation for the cancellation. There shall be no recourse against the City for a cancellation made in accordance with this Section. 1.16.CAPITAL EXPENDITURES — Successful Bidder/Contractor understands that any capital expenditures that the Successful Bidder/Contractor makes, or prepares to make, in order to deliver/perform the goods/services required by the City, is a business risk which the Successful Bidder/Contractor must assume. The City will not be obligated to reimburse amortized or unamortized capital expenditures, or to maintain the approved status of any Successful Bidder/Contractor. If Successful Bidder/Contractor has been unable to recoup its capital expenditures during the time it is rendering such goods/services, it shall not have any claim upon the City. 1.17. CITY NOT LIABLE FOR DELAYS - It is further expressly agreed that in no event shall the City be liable for, or responsible to, the Bidder, any subcontractor, or to any other person for, or on account of, any stoppages or delay in the work herein provided for by injunction, or other legal or equitable proceedings, or on account of any delay for any cause over which the City has no control. 1.18.COLLUSION — Bidder, by submitting a response, certifies that its response is made without previous understanding, agreement, or connection either with any person, firm, or corporation submitting a Bid for the same goods/services, or with the City of Miami's Procurement Department or initiating department. The Bidder certifies that its response is fair, without control, collusion, fraud, or other illegal action. Bidder certifies that it is in compliance with the Conflict of Interest and Code of Ethics Laws. The City will investigate all potential situations where collusion may have occurred, and the City reserves the right to reject any and all Bids 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. H. National Forest Products Association (NFPA), as applicable to this Formal Solicitation. I. City Procurement Ordinance City Code Section 18, Article III. J. Conflict of Interest, City Code Section 2-611;61. K. Cone of Silence, City Code Section 18-74. L. The Florida Statutes Sections 218.70 and 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 advertisement and terminates at the time the City Manager issues a written recommendation to the Miami City Commission. The Cone of Silence shall be applicable only to Formal Solicitation for the provision of goods and services for amounts greater than $200,000. The Cone of Silence prohibits any communication regarding Formal Solicitations between, among others: Potential vendors, service providers, bidders, lobbyists or consultants and the City's professional staff including, but not limited to, the City Manager and the City Manager's staff; the Mayor, City Commissioners, or their respective staffs. The provision does not apply to, among other communications: oral communications with the City Procurement staff, provided the communication is limited strictly to matters of process or procedure already contained in the Formal Solicitation document; the provisions of the Cone of Silence do not apply to oral communications at duly noticed site visits/inspections, pre -bid conferences, or public presentation, made to the Miami City Commission during a duly noticed public meeting; or communications in writing or by email at any time with any City employee, official or member of the City Commission unless specifically prohibited by the applicable Formal Solicitation documents; or communications in connection with the collection of industry comments or the performance of market research regarding a particular Formal Solicitation by City Procurement staff. Bidders must file a copy of any written communications with the Office of the City Clerk, which shall be made available to any person upon request. The City shall respond in writing and file a copy with the City Clerk's Office, which shall be made available to any person upon request. Written communications may be in the form of e-mail, or fax with a copy to the City Clerk's Office being required. 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. 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 (Sec 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. 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 aContract, provided that failure to perform caused by acts beyond the control of a party shall not be considered a basis for debarment/suspension. 5) Debarment/suspension of the Contractual Party by any federal, state, or other governmental entity. 6) False certification pursuant to paragraph C below. 7) Found in violation of a zoning ordinance or any other city ordinance or regulation and for which the violation remains noncompliant. 8) Found in violation of a zoning ordinance or any other city ordinance or regulation and for which a civil penalty or fine is due and owing to the city. 9) Any other cause judged by the City Manager to be so serious and compelling as to affect the responsibility of the Contractual Party performing city Contracts. C. Certification. All Contracts for goods and services, sales, and leases by the city shall contain a certification that neither the Contractual Party nor any of its principal owners or personnel have been convicted of any of the violations set forth above or debarred or suspended as set forth in paragraph (b)(5). D. Debarment and suspension decisions. Subject to the provisions of paragraph (a), the City Manager shall render a written decision stating the reasons for the debarment or suspension. A copy of the decision shall be provided promptly to the Contractual Party, along with a notice of said party's right to seek judicial relief. 1.26. DEBARRED/SUSPENDED VENDORS — An entity or affiliate who has been placed on the State of Florida debarred or suspended vendor list may not submit a Response 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. 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. 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, in making the award. 3) The City may require the Bidder(s) to provide documentation that they have been designated as an authorized representative of a manufacturer or supplier which is the actual source of supply, if required by the Formal Solicitation. 1.29.DISCOUNTS OFFERED DURING TERM OF CONTRACT - Discount Prices offered in the Response shall be fixed after the award of a Contract by the Commission, unless otherwise specified in the Special Terms and Conditions. Price discounts, off the original prices quoted in the Response, will be accepted from Successful Bidder/Contractor during the term of the Contract. Such discounts shall remain in effect for a minimum of one hundred and eighty (180) days from approval by the City Commission. Any discounts offered by a manufacturer to Successful Bidder/Contractor will be passed on to the City. 1.30.DISCREPANCIES, ERRORS, AND OMISSIONS - Any discrepancies, errors, or omissions in the Formal Solicitation, or Addenda (if applicable), should be reported in writing to the City's Procurement Department. Should it be found necessary, a written Addendum will be incorporated in the Formal Solicitation and will become part of the Purchase Order (Contract documents). The City will not be responsible for any oral instructions, clarifications, or other communications. A. Order of Precedence — Any inconsistency in this Formal Solicitation shall be resolved by giving precedence to the following documents, the first of such list being the governing documents. 1)Addenda (as applicable) 2) Specifications 3) Special Conditions 4) General Terms and Conditions 1.31.EMERGENCY / DISASTER PERFORMANCE - In the event of a natural disaster or other emergency, or disaster situation, the Successful Bidder/Contractor shall provide the City with the commodities/services defined within the scope of this Formal Solicitation at the price contained within Bidder's response. Further, Successful Bidder/Contractor shall deliver/perform for the City on a priority basis during such times of emergency. 1.32. ENTIRE BID CONTRACT - The Bid Contract consists of any amendments to the Bid Contract, the Formal Solicitation, including any addenda, Bidder's Response and any written agreement entered into by the City of Miami and Successful Bidder/Contractor, and represents the entire understanding and agreement between the parties with respect to the subject matter hereof and supersedes all other negotiations, understanding, and representations, if any, made by and between the parties. To the extent that the Bid Contract conflicts with, modifies, alters, or changes any of the terms and conditions contained in the Formal Solicitation and/or Bid, the Formal Solicitation, including any addenda, and then the Bid shall control. This Contract may be amended only by a written agreement signed by the City and Successful Bidder/Contractor. 1.33. ESTIMATED QUANTITIES — Estimated quantities or dollars are provided for the Bidder's guidance only: (a) estimates are based on the City's anticipated needs and/or usage during a previous contract period and; (b) the City may use these estimates to determine the low Bidder. Estimated quantities do not contemplate or include possible additional quantities that may be ordered by other government, quasi -government or non-profit entities utilizing this Contract. No guarantee is expressed or implied as to quantities that will be purchased during the Contract period. The City is not obligated to place an order for any given amount subsequent to the award of the Contract. Said estimates may be used by the City for purposes of determining the low Bidder meeting specifications. The City reserves the right to acquire additional quantities at the prices bid or at lower prices in this Formal Solicitation. 1.34. EVALUATION OF RESPONSES A. Rejection of Bids. The City may reject a Response 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, contracts of a similar nature. 3) A Bid Contract may not be awarded to any person or firm which has been debarred by the City, in accordance with the City's Debarment and Suspension Ordinance (Section 18-107) or is currently debarred by the State of Florida or any political subdivision or is on the convicted vendor's list per Section 287.133, Florida Statutes. 1.35. EXCEPTIONS TO GENERAL AND/OR SPECIAL CONDITIONS OR SPECIFICATIONS - Exceptions to the specifications shall be listed in the Bid and shall reference the section. Any exceptions to the General Terms and/or Special Conditions shall be cause for a Bid to be considered non -responsive. 1.36. Freight on Board (F.O.B.) DESTINATION - Unless otherwise specified in the Formal Solicitation, all prices quoted/proposed by the Bidder must be F.O.B. DESTINATION, inside delivery, with all delivery costs and charges included in the bid price, unless otherwise specified in this Formal Solicitation. Failure to do so may be the cause for rejection of Bid. 1.37. FIRM PRICES - The Bidder warrants that prices, terms, and conditions quoted in its Bid will be firm throughout the duration of the Bid Contract unless otherwise specified in the Formal Solicitation. Such prices will remain firm for the period of performance, or resulting purchase orders, or Bid Contracts. 1.38. 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 waiver of any contractual price increase request(s). The City reserves the right to request, and the Successful Bidder/Contractor must provide for any, and all information to make a wage and contractual price increase(s) determination. B. City of Miami Living Wage Ordinance. The City of Miami adopted a Living Wage Ordinance for City Service Contracts with a total contract value exceeding $100,000 annually, and that have been competitively solicited and awarded on, or after January 1, 2017, but 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 in Section 18-557 of the City Code. Section 18-557 is attached as Attachment A. Please see provisions in Attachment A. If a solicitation required services, effective on January 1, 2017, Contractors must pay to all its employees, who provide services, a living wage of no less than $15.00 per hour without health benefits; or a wage of no less than $13.19 an hour, with health benefits. This language is only a summary of the key provisions of the City of Miami Living Wage Ordinance. Please review Attachment A, attached hereto, for a complete and thorough description of the City of Miami Living Wage Ordinance. 1.39.GOVERNING LAW AND VENUE - The validity and effect of any Bid Contract as a result of this Formal Solicitation shall be governed by the laws of the State of Florida. The parties agree that any action, mediation, or arbitration arising out of the Bid Contract shall take place in Miami - Dade County, Florida. In any action or proceeding each party shall bear their own respective attorney's fees. 1.40.HEADINGS AND TERMS - The headings to the various paragraphs of the Bid Contract have been inserted for convenient reference only and shall not in any manner be construed as modifying, amending, or affecting in any way, the expressed terms, and conditions hereof. 1.41.HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT (HIPPA) - Any person, firm, or entity that performs or assists the City of Miami with a function or activity involving the use or disclosure of "individually identifiable health information (IIHI), and/or Protected Health Information (PHI), shall comply with the Health Insurance Portability and Accountability Act (HIPAA) of 1996, and the City of Miami Privacy Standards. HIPAA mandates for privacy, security, and electronic transfer standards, which include, but are not limited to: A. Use of information only for performing services required by the contract or as required by law; B.Use of appropriate safeguards to prevent non -permitted disclosures; C. Reporting to the City of Miami of any non -permitted use or disclosure; D. Assurances that any agents and subcontractors agree to the same restrictions and conditions that apply to the Bidder and reasonable assurances that IIHI/PHI will be held confidential; E. Making PHI available to the customer; F. Making PHI available to the customer for review and amendment; and incorporating any amendments requested by the customer; G. Making PHI available to the City of Miami for an accounting of disclosures; and H. Making internal practices, books and records related to PHI available to the City of Miami for compliance audits. PHI shall maintain its protected status regardless of the form and method of transmission (i.e., paper records, and/or electronic transfer of data). The Successful Bidder/Contractor must give its customers written notice of its privacy information practices, including specifically, a description of the types of uses and disclosures that would be made with protected health information. 1.42 INDEMNIFICATION — Successful Bidder/Contractor shall indemnify, hold and save harmless, and defend (at its own costs and expense), the City, its officers, agents, directors, and/or employees, from 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 form the City, resist, and defend such action or proceeding aby 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 City's option, any and all claims of liability and all suits and actions of every name and description which may be brought against City, whether performed by the Successful Bidder/Contractor, or persons employed or utilized by the Successful Bidder/Contractor. These duties will survive the cancellation or expiration of the Contract. This Section will be interpreted under the laws of the State of Florida, including without limitation and interpretation, which conforms to the limitations of 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. The 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 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 to all requirements stipulated on the Special Conditions section titled "Insurance Requirements". The City shall be listed as an "Additional Insured." Issuance of a Purchase Order is contingent upon the receipt of proper insurance documents. If the certificate of insurance is received within the specified time frame but not in the manner prescribed in the Formal Solicitation, the Successful Bidder/Contractor shall be verbally notified of such deficiency and shall have an additional five (5) calendar days to submit a corrected certificate to the City. If the Successful Bidder/Contractor fails to submit the required insurance documents in the manner prescribed in the Formal Solicitation within fifteen (15) calendar days after receipt Notice of Award, the Successful Bidder/Contractor shall be in default of the contractual terms and conditions and shall 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. The 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 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 governed by the most favorable terms and conditions that Successful Bidder/Proposer grants now or in the future to a similarly situated local government. 1.52.NO PARTNERSHIP OR JOINT VENTURE - Nothing contained in the Bid Contract will be deemed or construed to create a partnership or joint venture between the City and Successful Bidder/Contractor, or to create any other similar relationship between the parties. 1.53. NONCONFORMANCE TO CONTRACT CONDITIONS - Items may be tested for compliance with specifications under the direction of the Florida Department of Agriculture and Consumer Services, or by other appropriate testing laboratories as determined by the City. The data derived from any test for compliance with specifications is public record, and open to examination thereto in accordance with Chapter 119, Florida Statutes. Items delivered, not conforming to specifications may be rejected, and returned at Successful Bidder's/Contractor's expense. These non -conforming items not delivered in accordance with the stipulated delivery date in the Bid and/or Purchase Order, may result in Successful Bidder/Contractor being found in default, in which event, any and all re- procurement costs may be charged against the defaulted Successful Bidder/Contractor. Any violation of the above stipulations may also result in the Successful Bidder/Contractor being removed from the City supplier's list. 1.54. NONDISCRIMINATION, EQUAL EMPLOYMENT OPPORTUNITY, AND AMERICANS WITH DISABILITIES ACT — Successful Bidder 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 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 shall take affirmative steps to ensure nondiscrimination in employment against disabled persons. Successful Bidder 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 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 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 this 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 Letter of Interest (RFLI) and Request for Sponsorships (RFS) shall result in a non -responsive determination. Any solicitation issued after May 6, 2019, shall comply with APM 2-19. APM 2-19 is attached hereto, only minor irregularities, deficiencies, and technicalities may be allowed to be timely cured by the proposer at the sole discretion of the City. Material irregularities, deficiencies, and technicalities cannot be cured by the proposer, and are not waivable by the City. BIDS SUBMITTED WITH IRREGULARITIES, DEFICIENCIES, AND/OR TECHNICALITIES THAT DEVIATE FROM THE MINIMUM QUALIFICATIONS AND SUBMISSION REQUIREMENTS OF THIS IFB SHALL RESULT IN A NON -RESPONSIVE DETERMINATION. The City will not give consideration to the curing of any Bids that fail to meet the minimum qualifications and submission requirements of this IFB. Bidder understands that non -responsive Bids will not be evaluated. 1.57.00CUPATIONAL LICENSE/BUSINESS TAX RECEIPT - Any person, firm, corporation, or joint venture, with a business location in the City's municipal boundaries and is submitting a Bid under the Formal Solicitation shall meet the City's Tax Receipt requirements in accordance with Chapter 31.1, Article I of the City of Miami Charter. Others with a location outside the City's municipal boundaries shall meet their local Occupational License/Business Tax Receipt requirements. A copy of the Occupational License/Business Tax Receipt must be submitted with the Bid; however, the City may, at its sole discretion, and in its best interest, allow the Bidder to provide the Occupational License/Business Tax Receipt to the City during the evaluation period, but prior to award. A Certificate of Use ("CU") will be required if applicable under City regulations. 1.58.ONE PROPOSAL - Only one (1) Bid from an individual, firm, partnership, corporation, or joint venture will be considered in response to the Formal Solicitation, unless otherwise stipulated in the Formal Solicitation. 1.59.OWNERSHIP OF DOCUMENTS - It is understood by and between the parties that any documents, records, files, or any other matter whatsoever, which is given by the City to the Successful Bidder/Contractor. pursuant to the Formal Solicitation shall at all times remain the property of the City and shall not be used by the Successful Bidder/Contractor for any other purposes whatsoever, without the written consent of the City. 1.60.PARTIAL INVALIDITY - If any provision of the Bid Contract or the application thereof, to any person or circumstance, shall to any extent be held invalid, then the remainder of the Bid Contract or, the application of such provision to persons or circumstances other than those as to which it is held invalid, shall not be affected thereby, and each provision of the Bid Contract shall be valid and enforced to the fullest extent permitted by law. 1.61. PERFORMANCE/PAYMENT BOND — A Successful Bidder/Contractor may be required to furnish a Performance/Payment Bond as part of the requirements of the Bid Contract, in an amount equal to one hundred percent (100%) of the Bid Contract price. Any bond furnished will comply with Florida Law and be in a form acceptable to the City of Miami Risk Management Director. 1.62.PREPARATION OF BIDS — Bidders are expected to examine the specifications, required delivery, drawings, and all special and general conditions. A. Each Bidder shall furnish the information required in the Formal Solicitation. The Bidder shall print, type or manually enter all requested information, sign and upload the Certification Statement. B. If so required, the unit price for each unit offered shall be shown, and such price shall include packaging, handling, and shipping, and F.O.B. Miami delivery inside City premises, unless otherwise specified. Bidder shall include in their Bid all taxes, insurance, social security (if applicable), workmen's compensation, and any other benefits normally paid by the Bidder to its employees. If applicable, a unit price shall be entered in the "Unit Price" column for each item. Based upon estimated quantity, an extended price shall be entered in the "Extended Price" column for each item offered. In case of a discrepancy between the unit price and extended price, the unit price will prevail. C. The Bidder must state a definite time, if required, in calendar days, for delivery of goods and/or services. D. The Bidder should retain a copy of all response documents for future reference. 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 the Bidder is submitting its Bid. Use of any other forms will result in the rejection of the Bid. 1.63. PRICE ADJUSTMENTS — Any price decrease effectuated during the Bid Contract period, either by reason of market change, or on the part of the Successful Bidder/Contractor to other customers, shall be passed on to the City. 1.64. PRODUCT SUBSTITUTES - In the event a particular awarded and approved manufacturer's product becomes unavailable during the term of the Bid Contract, the Successful Bidder/Contractor awarded that item may arrange with the City's authorized representative(s) to supply a substitute product at the awarded price or lower, provided that a sample is approved in advance of delivery, and that the new product meets or exceeds all quality requirements. 1.65.CONFLICT OF INTEREST, AND UNETHICAL BUSINESS PRACTICE PROHIBITIONS — Successful Bidder/Contractor represents and warrants to the City, that it has not employed, or retained any person, or company employed by the City to solicit or secure the Bid Contract and that the Successful Bidder/Contractor has not offered to pay, paid, or agreed to pay any person any fee, commission, percentage, brokerage fee, or gift of any kind contingent upon, or in connection with, the award of the Bid Contract. 1.66. PROMPT PAYMENT — Bidders may offer a cash discount for prompt payment; however, discounts shall not be considered in determining the lowest net cost for Bid evaluation purposes. Bidders are required to provide their prompt payment terms in the space provided on the Formal Solicitation. If no prompt payment discount is being offered, the Bidder must enter zero (0) for the percentage discount to indicate no discount. If the Bidder fails to enter a percentage, it is understood and agreed that the terms shall be two percent (2%), 20 days, effective after receipt of invoice or final acceptance by the City, whichever is later. When the City is entitled to a cash discount, the period of computation will commence on the date of delivery, or receipt of a correctly completed invoice, whichever is later. If an adjustment in payment is necessary due to damage, the cash discount period shall commence on the date final approval for payment is authorized. If a discount is part of the contract, but the invoice does not reflect the existence of a cash discount, the City is entitled to a cash discount with the period commencing on the date it is determined by the City that a cash discount applies. Price discounts off the original prices quoted on the Price Sheet will be accepted from Successful Bidder(s) during the term of the contract. The City will comply with the Florida Prompt Payment Act, as applicable. 1.67.PROPERTY - Property owned by the City is the responsibility of the City. Such property furnished to a Successful Bidder/Contractor for repair, modification, study, etc., shall remain the property of the City. Damages to such property occurring while in the possession of the Successful Bidder/Contractor shall be the responsibility of the Successful Bidder/Contractor. Damages occurring to such property while in route to the City, shall be the 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. 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 FLOOR, 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 must be of the highest quality and workmanship. Materials furnished to complete the service shall be new and of the highest quality, except as otherwise specified in 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 award 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. B. Contract dispute decisions. If a dispute is not resolved by mutual consent, the City Manager shall promptly render a written report stating the reasons for the action taken by the City Commission, or the City Manager, which shall be final and conclusive. A copy of the decision shall be immediately provided to the protesting party, along with a notice of such party's right to seek judicial relief, provided that the protesting party shall not be entitled to such judicial relief without first having followed the procedure set forth in this Section. 1.75.RESOLUTION OF PROTESTED SOLICITATIONS AND AWARDS (SECTION 18-104) (a) Right to protest. The following procedures shall be used for resolution of protested solicitations and awards except for purchases of goods, supplies, equipment, and services, the estimated cost of which does not exceed $25,000. Protests thereon shall be governed by the administrative policies and procedures of purchasing. (1) Protest of Solicitation. a. Any prospective proposer who perceives itself aggrieved in connection with the solicitation of a contract may protest to the chief procurement officer. A written notice of intent to file a protest shall be filed with the chief procurement officer within three days after the request for proposals, request for qualifications or request for letters of interest is published in a newspaper of general circulation. A notice of intent to file a protest is considered filed when received by the chief procurement officer; or b. Any prospective bidder who intends to contest the bid specifications or a bid solicitation may protest to the chief procurement officer. A written notice of intent to file a protest shall be filed with the chief procurement officer within three days after the bid solicitation is published in a newspaper of general circulation. A notice of intent to file a protest is considered filed when received by the chief procurement officer. (2) Protest 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 of U.S. mail, return receipt requested. A notice of intent to file a protest is considered filed when received by the chief procurement officer; or b.Any actual responsive and responsible bidder whose bid is lower than that of the recommended bidder may protest to the chief procurement officer. A written notice of intent to file a protest shall be filed with the chief procurement officer within two days after receipt by the bidder of the notice of the city's determination of non -responsiveness or non -responsibility. The receipt by bidder of such notice shall be confirmed by the city by facsimile or electronic mail or U.S. mail, return receipt requested. A notice of intent to file a protest is considered filed when received by the chief procurement officer. c. A written protest based on any of the foregoing must be submitted to the chief procurement officer within five days after the date the notice of protest was filed. A written protest is considered filed when received by the chief procurement officer. The written protest may not challenge the relative weight of the evaluation criteria or the formula for assigning points in making an award determination. The written protest shall state with particularity the specific facts and law upon which the protest of the solicitation or the award is based and shall include all pertinent documents and evidence and shall be accompanied by the required filing Fee as provided in subsection (f). This shall form the basis for review of the written protest and no facts, grounds, documentation, or evidence not contained in the protester's submission to the chief procurement officer at the time of filing the protest shall be permitted in the consideration of the written protest. No time will be added to the above limits for service by mail. In computing any period of time prescribed or allowed by this section, the day of the act, event, or default from which the designated period of time begins to run shall not be included. The last day of the period so computed shall be included unless it is a Saturday, Sunday or legal holiday in which event the period shall run until the end of the next day, which is neither a Saturday, Sunday or legal holiday. Intermediate Saturdays, Sundays and legal holidays shall be excluded in the computation of the time for filing. (b)Authority to resolve protests; hearing officer(s). Hearing officers appointed by the city shall have 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 contract, etc.) where the city commission adopts a recommendation of the city attorney that such action is necessary to achieve fairness in the proceedings. The engagement of hearing officers is excluded from the procurement ordinance as legal services. The hearing officers appointed in the pre -qualified group should be scheduled to hear protests on a rotational basis. (2) Right to 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 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 the 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 protestor. b. The party, any intervenor, and the city shall each have the right to be represented by counsel, to call and examine witnesses, to introduce evidence, to examine opposing or rebuttal witnesses on any relevant matter related to the protest even though the matter was not covered in the direct examination, and to impeach any witness regardless of which party first called him/her to testify. The hearing officer may extend the deadline for completion of the protest hearing for good cause 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. (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. 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. (d) Costs. All costs accruing from a protest shall be assumed by the protestor. (e) 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 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 warranties, service, and replacements that will be provided. Bidders must explain on the Bid to what extent warranty and service facilities are available. A copy of the manufacturer's warranty, if applicable, should be submitted with Bidder's response. 1.79.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 Bid. 1.80. SUBMISSION AND RECEIPT OF RESPONSES - Electronic Bid submittals to this IFB are to be submitted through Bid Sync Electronic Bidding System ("BidSync") until the date and time as indicated in the Solicitation. The responsibility for submitting a Bid on/or before the stated closing time and date is solely and strictly the responsibility of the Bidder. The City will in no way be responsible for delays caused by technical difficulties or caused by any other occurrence. Electronic Bid submissions may require the uploading of electronic attachments. The submission of attachments containing embedded documents or proprietary file extensions is prohibited. All documents should be attached as individual files and labeled. Any Bids received and time stamped through BidSync, prior to the Bid submittal deadline, shall be accepted as a timely submittal and anything thereafter will be rejected. Additionally, BidSync will not allow for the electronic Bid submittal after the closing date and time has lapsed. Bids will be opened promptly at the time and date specified. All expenses involved with the preparation and submission of Bids to the City, or any work performed in connection therewith, shall be borne by the Bidder(s). Accordingly, Bidder(s): 1. Must register, free of charge, with BidSync Electronic Bidding System ("BidSync") to establish an account in order to have access to view and/or respond to any solicitations issued by the City of Miami's Procurement Department ("City"). 2. Shall submit all Bids electronically. Hard copy Bid submittals will not be accepted. NO EXCEPTIONS. 3. Must submit the Certification Statement and associated solicitation documents which define requirements of items and/or services to be purchased and must be completed and submitted as outlined within the solicitation via Bid Sync. 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: 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 attorney's fees and for costs and attorney's fees, incurred by the City, by reason of any legal action challenging Bidder's claim. 1.87.UNAUTHORIZED WORK OR DELIVERY OF GOODS- Neither the Successful Bidder/Contractor nor any of their employees shall perform any work, or deliver any goods, unless a change order or purchase order is issued and received by the Successful Bidder/Contractor. The Successful Bidder/Contractor will not be paid for any work performed, or goods delivered outside the scope of the Bid Contract, or any work performed by Successful Bidder's/Contractor's employee(s) not otherwise previously authorized. 1.88.USE OF NAME - The City is not engaged in research for advertising, sales promotion, or other publicity purposes. No advertising, sales promotion, or other publicity materials containing information obtained from the Formal Solicitation shall be mentioned, or imply the name of the City, without prior express written permission from the City Manager, or the City Commission. 1.89.VARIATIONS OF SPECIFICATIONS - For purposes of the Formal Solicitation evaluation, Bidder(s) must indicate any variances from the Formal Solicitation scope of work/specifications and/or conditions, no matter how slight. If variations are not stated on their Bid, it will be assumed that the product fully complies with the Formal Solicitation's scope of work/specifications. 2.Special Conditions 2.1. PURPOSE The purpose of this Solicitation is to establish a contract for Vehicle Decals and Striping Services, as specified herein, from a source(s), fully compliant with the terms, conditions and stipulations of the Solicitation. 2.2. PRE-BID/PRE-PROPOSAL CONFERENCE A Virtual Voluntary pre -bid conference will be held on Aug 28, 2024 at 09:00 AM through Microsoft TEAMS Click here to loin the meeting or via phone: 786-598-2961 Conference ID: 161 751 173# . A discussion of the requirements of the Solicitation will occur at that time. Each potential Bidder is required, prior to submitting their Bid, to acquaint themselves thoroughly with any and all conditions and/or requirements that may in any manner affect the work to be performed. All questions and answers affecting the scope of work/specifications of the IFB will be included in an addendum that will be distributed through BidSync following the Pre -Bid Conference to all the attendees. Because the City considers the Pre -Bid Conference to be critical to understanding the Solicitation requirements, attendance is highly recommended. 2.3. DEADLINE FOR RECEIPT OF REQUEST FOR ADDITIONAL IN FORMATION/CLARIFICATION Any questions or clarifications concerning this solicitation shall be submitted electronically via Bidsync. All questions must be received no later than Friday, Aug 30, 2024 at 2:00 p.m. All responses to questions will be sent to all prospective Bidders 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 Successful Bidder. This prerogative will be exercised only when such continuation is clearly in the best interest of the City. 2.5. CONDITIONS FOR RENEWAL Each renewal of this contract is subject to the following: (1) Continued satisfactory performance compliance with the specifications, terms and conditions established herein. (2) Availability of funds 2.6. BIDDER'S MINIMUM QUALIFICATIONS/REQUIREMENTS Bids will only be considered from firms that are regularly engaged in the business of providing the services as described in this Bid. Bidders shall: (1) Have a record of performance with the same Federal Employee Identification Number (FEIN) for the past three (3) years. (2) Have a facility located within the State of Florida. (3) Submit three (3) references, for your firm, for vehicle decal and striping services performed within the past three (3) years in the Certification Section. The references must include the entity's name, and the name, title, address, and telephone number of the contact person who verify that the Bidder has successfully provided vehicle decal and striping services. These references shall ascertain to the City's satisfaction that the Bidder has sufficient experience and expertise in performing vehicle decal and striping services. The Bidder may only use one (1) department as a reference from each entity. This is reflected in the Certifications section of this Solicitation. (4) Have adequate financial support, equipment, and organization to ensure that they can satisfactorily provide the goods and/or services if awarded a Contract under the terms and conditions herein stated. (5) Not have a 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. (6) Have no record of pending lawsuits or criminal activities and have not been declared bankrupt within the last five (5) years. 2.7. METHOD OF AWARD Award of this contract will be made to the lowest responsive and responsible Bidder who bids on all items and whose bid offers the lowest price when all items are added in the aggregate. Failure to bid on all items shall deem your bid non -responsive. 2.8. 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. 2.9. INSURANCE REQUIREMENTS Successful Bidder shall indemnify, hold and save harmless, and defend (at its own cost and expense), the City, its officers, agents, directors, and/or employees, from all liabilities, damages, losses, judgements, and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness, negligent act or omission, or intentional wrongful misconduct of Successful Bidder and persons employed or utilized by Successful Bidder in the performance of this Contract. Successful Bidder shall further, hold the City, its officials and employees, indemnify, save and hold harmless for, and defend (at its own cost), the City its officials and/or employees against any civil actions, statutory or similar claims, injuries or damages arising or resulting from the permitted Work, even if it is alleged that the City, its officials, and/or employees were negligent. In the event that any action or proceeding is brought against the City by reason of any such claim or demand, the Successful Bidder shall, upon written notice from the City, resist and defend such action or proceeding by counsel satisfactory to the City. The Successful Bidder expressly understands and agrees that any insurance protection required by this Contract or otherwise provided by the Successful Bidder shall in no way limit the responsibility to indemnify, keep and save harmless and defend the City or its officers, employees, agents and instrumentalities as herein provided. The indemnification provided above shall obligate the Successful Bidder to defend, at its own expense, to and through trial, administrative, appellate, supplemental or bankruptcy proceeding, or to provide for such defense, at the City's option, any and all claims of liability and all suits and actions of every name and description which may be brought against the City, whether performed by the Successful Bidder, or persons employed or utilized by Successful Bidder. These duties will survive the cancellation or expiration of the Contract. This Section will be interpreted under the laws of the State of Florida, including without limitation and interpretation, which conforms to the limitations of Section 725.08, Florida Statutes, as applicable and as amended. Successful Bidder shall require all sub -consultant agreements to include a provision that each sub -consultant will indemnify the City in substantially the same language as this Section. The Successful Bidder agrees and recognizes that the City shall not be held liable or responsible for any claims which may result from any actions or omissions of the Successful Bidder in which the City participated either through review or concurrence of the Successful Bidder's actions. In reviewing, approving or rejecting any submissions by the Successful Bidder or other acts of the Successful Bidder, the City, in no way, assumes or shares any responsibility or liability of the Successful Bidder or sub -consultant 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. The Successful Bidder 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: I. Commercial General Liability A. Limits of Liability Bodily Injury and Property Damage Liability Each Occurrence General Aggregate Limit Products/Completed Operations Personal and Advertising Injury B. Endorsements Required City of Miami listed as an additional insured Contingent and Contractual Liability Primary Insurance Clause Endorsement II. Business Automobile Liability A. Limits of Liability Bodily Injury and Property Damage $1,000,000 $1,000,000 $1,000,000 $1,000,000 Liability Combined Single Limit Any Auto Including Hired, Borrowed or Non -Owned Autos Any One Accident $300,000 B. Endorsements Required City of Miami listed as an additional insured III. Worker's Compensation Limits of Liability Statutory -State of Florida Employer's Liability A. Limits of Liability $100,000 for bodily injury caused by an accident, each accident. $100,000 for bodily injury caused by disease, each employee $500,000 for bodily injury caused by disease, policy limit IV. Garage Keepers Legal Liability ( If Applicable) A. Limits of Liability $ 100,000 BINDERS ARE UNACCEPTABLE. The insurance coverage required shall include those classifications, as listed in standard liability insurance manuals, which most nearly reflect the operations of the bidder. All insurance policies required above shall be issued by companies authorized to do business under the laws of the State of Florida, with the following qualifications: The Company must be rated no less than "A" as to management, and no less than "Class V" as to financial strength, by the latest edition of Best's Insurance Guide, published by A.M. Best Company, Oldwick, New Jersey, or its equivalent. All policies and/or certificates of insurance are subject to review and verification by Risk Management prior to insurance approval. Certificates will indicate no modification or change in insurance shall be made without thirty (30) days written advance notice to the certificate holder. NOTE: CITY BID NUMBER AND/OR TITLE OF BID MUST APPEAR ON EACH CERTIFICATE. Compliance with the foregoing requirements shall not relieve the bidder of his liability and obligation under this section or under any other section of this Agreement. --If insurance certificates are scheduled to expire during the contractual period, the Successful Bidder shall be responsible for submitting new or renewed insurance certificates to the City at a minimum of ten (10) calendar days in advance of such expiration. --In the event that expired certificates are not replaced with new or renewed certificates which cover the contractual period, the City shall: (1) 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. (2) The City may, at its sole discretion, terminate this contract for cause and seek re - procurement damages from the Successful Bidder in conjunction with the General and Special Terms and Conditions of the Bid. The Successful Bidder shall be responsible for assuring that the insurance certificates required in conjunction with this Section remain in force for the duration of the contractual period; including any and all option terms that may be granted to the Successful Bidder. 2.10. CURES Please refer to Section 1.56 Notice Regarding "Cures" of the General Terms and Conditions of this solicitation. 2.11. 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. 2.12. LOCAL OFFICE PREFERENCE 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 Bid at the time of the 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 Bidder. 2.13. PUBLIC ENTITY CRIMES To be eligible for award of a contract, firms wishing to do business with the City must comply with Section 287.133(2)(a) of the Florida Statutes, which provides that a person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a Proposal on a contract to provide any goods or services to a public entity, may not submit a Proposal on a contract with a public entity for the construction or repair of a public building or public work, may not submit Proposals on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017 of the Florida Statutes, for CATEGORY TWO, as defined by Section 287.017(2) of the Florida Statutes, for a period of thirty-six (36) months from the date of being placed on the convicted vendor list. 2.14. ANTITRUST VIOLATOR VENDORS A person or an affiliate who has been placed on the Antitrust Violator Vendors List following a conviction or being held civilly liable for an antitrust violation may not submit a bid, proposal, or reply on any agreement to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on any agreement with a public entity for the construction or repair of a public building or public work; may not submit a bid, proposal, or reply on leases of real property to a public entity; may not be awarded or perform work as a grantee, supplier, subcontractor, or consultant under an agreement with a public entity; and may not transact new business with a public entity. 2.15. ANTI -HUMAN TRAFFICKING The Bidder confirms and certifies that it is not in violation of Section 787.06, Florida Statutes, and that it does not and shall not use "coercion" for labor or services as defined in Section 787.06, Florida Statutes. The Bidder shall execute and submit to the City an Affidavit, of even date herewith, in compliance with Section 787.06(13), Florida Statutes, attached an incorporated herein as "Anti -Human Trafficking Affidavit". If the Successful Bidder fails to comply with the terms of this Section, the City may suspend or terminate this Agreement immediately, without prior notice, and in no event shall the City be liable to Successful Bidder for any additional compensation or for any consequential or incidental damages. Please refer to Documents Section of Bidsync for the "Anti -Human Trafficking Affidavit" attachment located in the Document Section. It is MANDATORY for the Bidders to return this form signed along with their bid. Failure to complete, sign and upload the Anti -Human Trafficking Affidavit may render your bid non -responsive. 2.16. CITY OF MIAMI LIVING WAGE ORDINANCE The City of Miami adopted a Living Wage Ordinance for City Service Contracts with a total contract value exceeding $100,000 annually, and that have been competitively solicited and awarded on, or after January 1, 2017, by the City. "Service Contract" means a contract to provide services to the City, excluding, however, professional services as defined by the "Consultants Competitive Negotiation Act" set forth in F.S. § 287.055, and Section 18-87 of the City Code, and/or the other exclusions provided by Section 18-557 of the City Code. Section 18-557 is attached as Attachment A. Please see provisions in Attachment A. If a solicitation requires services, effective on January 1, 2017, contractors must pay to all its employees, who provide services, a living wage of no less than $15.00 per hour without health benefits; or a wage of no less than $13.19 an hour, with health benefits. This language is only a summary of the key provisions of the City of Miami Living Wage Ordinance. Please review Attachment A, attached hereto, for a complete and thorough description of the City of Miami Living Wage Ordinance. 2.17. E-VERIFY EMPLOYMENT VERIFICATION Successful Bidder shall E-Verify the employment status of all employees and subcontractors to the extent required by federal, state, and local laws, rules, and regulations. The City shall consider the employment by any Successful Bidder of unauthorized aliens a violation of Section 274A(e) of the Immigration and Nationality Act. If the Successful Bidder knowingly employs unauthorized aliens, such violation shall be cause for termination of the Contract. Furthermore, the Successful Bidder agrees to utilize the U.S. Agency of Homeland Security's E-Verify System, https://e-verify.uscis.gov/emp, to verify the employment eligibility of all employees during the term of this Contract. The Successful Bidder shall also include a requirement in subcontracts that the subcontractor shall also utilize the E-Verify System to verify the employment eligibility of all employees of the subcontractor during the term of this Contract. 2.18. FAILURE TO PERFORM Should it not be possible to reach the Successful Bidder or supervisor and/or should remedial action not be taken within 48 hours of any failure to perform according to specifications, the City reserves the right to declare Successful Bidder in default of the contract or make appropriate reductions in the contract payment. 2.19. SAMPLES The Successful Bidder shall provide upon request, a complete and accurate sample of the product(s), which they propose to furnish in order to evaluate quality. Samples will not be returned. 2.20. PROJECT MANAGER Upon award, Successful Bidder shall report and work directly with John Babos, Light Fleet Superintendent for General Services Administration Department, or designee, who shall be designated as the Project Manager(s) for the City. 2.21. NON -APPROPRIATION OF FUNDS In the event no funds or insufficient funds are appropriated and budgeted or are otherwise unavailable in any fiscal period for payments due under this contract, then the City, upon written notice to the Successful Bidder or his assignee of such occurrence, shall have the unqualified right to terminate the contract without any penalty or expense to the City. No guarantee, warranty or representation is made that any project(s) will be awarded to any firm(s). 2.22. EQUITABLE ADJUSTMENT The Procurement Department may, in its sole discretion, make an equitable adjustment in the contract terms and/or pricing if pricing or availability of supply is affected by extreme or unforeseen volatility in the marketplace, that is, by circumstances that satisfy all the following criteria: (1) the volatility is due to circumstances beyond the Successful Bidder's control, (2) the volatility affects the marketplace or industry, not just the particular contract source of supply, (3) the effect on pricing or availability of supply is substantial, and (4) the volatility so affects the Successful Bidder that continued performance of the contract would result in a substantial loss. The Successful Bidder might have to supply documentation to justify any requested percentage increase in cost to the City of Miami. 2.23. INVOICING The City's Finance Department requires that original invoices be forwarded to a prescribed address and/or email address as denoted in every purchase order. However, Successful Bidder shall forward a hardcopy and/or email of any digital original invoice to the City's specific department Project Manager and/or designee. Invoice must have the following information as a minimum: 1. Description of Service; 2. Details of vehicle serviced; 3. Purchase Order Number; 4. Ticket number; and 5. Time period of service. 2.24. SUCCESSFUL BIDDER POINT OF CONTACT The Successful Bidder shall provide a single point -of -contact for all administration functions (billing, etc.) and a single point -of -contact for any and all project -related work. These individuals, which can be one in the same, shall have the authority to act on behalf of the Successful Bidder and respond to all inquiries, problems, and complaints of the proper authority. This individual shall have the authority to make management decisions or address issues of concern by the City. 2.25. DELIVERY Successful Bidder shall make delivery of any item(s) ordered herein within thirty (30) days after receipt of purchase order. In the event that Successful Bidder is unable to deliver items within 30 days of purchase, Successful Bidder must obtain written approval from the Project Manager or designee, for the delay. 2.26. MATERIALS SHALL BE NEW AND WARRANTED AGAINST DEFECTS The Successful Bidder hereby acknowledges and agrees that all materials/products supplied by the Successful Bidder in conjunction with this Bid shall be new, warranted for their merchantability, and fit for a particular purpose. In the event any of the materials/products supplied to the City by the Successful Bidder are found to be defective or do not conform to specifications, the City reserves the right to cancel the order and return such materials/products to the Successful Bidder to replace the materials/products at the Successful Bidder's expense. Guarantee or warranty against fading, peeling, cracking, Etc. for a period of no less than five (5) years. Materials failing under warranty shall be replaced on a one -for -one basis. 2.27. NO SUBSTITUTIONS 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. When "No Substitution" is used in combination with a manufacturer's name, brand name and/or model number that name item is the only item that will be accepted by the City. 2.28. ADDITIONS/DELETIONS OF ITEMS/PRODUCTS / SUPPLIERS Although this Solicitation identifies specific items/products, it is hereby agreed and understood that any related items/products/suppliers may be added/deleted to/from this contract at the option of the City. When an addition to the contract is required, the Successful Bidder(s) under this contract, and other suppliers, as deemed necessary, shall be invited to submit price quotes for these new items/products. If these quotes are comparable with market prices offered for similar items/products, if applicable, item/products shall be added to the contract. An amendment and updated Blanket Purchase Agreement shall be issued by the City. The newly added items/products shall be ordered via a Blanket Release / Purchase Order. 2.29. TERMINATION A. FOR DEFAULT If Successful Bidder defaults in its performance under this Contract and does not cure the default within 30 days after written notice of default, the City Manager may terminate this Contract, in whole or in part, upon written notice without penalty to the City of Miami. In such event the Successful Bidder shall be liable for damages including the excess cost of procuring similar supplies or services: provided that if, (1) it is determined for any reason that the Successful Bidder was not in default or (2) the Successful Bidder's failure to perform is without his or his Subcontractor's control, fault or negligence, the termination will be deemed to be a termination for the convenience of the City of Miami. B.FOR CONVENIENCE The City Manager may terminate this Contract, in whole or in part, upon 30 days prior written notice when it is in the best interest of the City of Miami. If this Contract is for supplies, products, equipment, or software, and so terminated for the convenience by the City of Miami the Successful Bidder will be compensated in accordance with an agreed upon adjustment of cost. To the extent that this Contract is for services and so terminated, the City of Miami shall be liable only for payment in accordance with the payment provisions of the Contract for those services rendered prior to termination. 2.30. PRIMARY CLIENT (FIRST PRIORITY) The Successful Bidder(s) agree that upon award of this contract, 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 at approximately the same time. 2.31. ADDITIONAL TERMS AND CONDITIONS No additional terms and conditions included as part of your bid response shall be evaluated or considered, and any and all such additional terms and conditions shall have no force or effect and are inapplicable to this solicitation. If submitted either purposely, through intent or design, or inadvertently, appearing separately in transmittal letters, specifications, literature, price lists or warranties, it is understood and agreed that the General 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. 3.Specifications 3.1. SPECIFICATIONS/SCOPE OF WORK The City of Miami's ("City") General Services Administration ("GSA") is in need of a responsive and responsible Bidder to supply, on an as needed basis, vehicle lettering, striping and numbering for marking and identifying the City's fleet of vehicles. The City intends to use this contract to purchase bulk materials and perform its own installation. However, the City shall have the option to request the Successful Bidder to provide installation of decals and striping, on an as needed basis, throughout the term of the contract at various facilities. The City's Project Manager or designee shall advise via Purchase Order ("PO") with specifications for requested services. All line -item prices shall be in accordance with the specifications below. Successful Bidder shall: • Provide all decals, lettering, striping, etc., as ready to install, computer designed and cut, screen printed and coated with 3M brand 680 Scotchlite High Performance Reflective Vinyl Film Controltac (NASDAR clear coat). (No Substitutions). • Be capable of matching and duplicating existing City seals and emblems. All City seals, emblems, logos etc., shall be screen printed white- gold metallic and clear coated. • Provide vehicle decals that are 3M brand 680 Scotchlite High Performance Reflective Vinyl Film Controltac adhesive backing, with UV coat, NASDAR9727 Mixing Overprint Clean Non -Gas Resistant (No Substitutions). Note: Material shall guaranteed or warranted against fading, peeling, cracking, etc. for a period of no less than five (5) years. Materials failing under warranty shall be replaced on a one -for -one basis. Police Department Decals • Police Seal: The blue circular City seals (installed on each front door of the vehicle) shall read THE CITY OF MIAMI across the top portion of the seal and POLICE DEPARTMENT. on the bottom portion. The Police circular seal shall be available in various sizes. All City seals, emblems, logo, etc. shall be screen printed, white- gold metallic and clear coated. • Provide decals for Police Department vehicles with Reflexite DayBright High Performance Reflective Vinyl Film. (No Substitutions) • Stripes: Five (5) stripes (to be installed along the side of the vehicle) measuring 11/16" wide with approximately 1/2" of space between stripes when properly spaced must measure 55" in width. Color shall be blue to match existing lettering and striping. • Roof Numbers: The numbers shall be a minimum of 8" in height consisting of at least four (4) digits. Type style must be Helvetica Extra Bold. Maximum length will be based on the year, make, and model of the vehicle to be equipped. Color shall be blue to match existing lettering and striping. • Side and Rear Numbers: The numbers (to be installed on the side and rear of each vehicle) will measure 2 1/4" in height. The type of style must be Helvetica regular. Color shall be blue to match existing lettering and striping. • Trunk Lettering: MIAMI must measure 2 1/4" in height. The type of style must be Helvetica Extra Bold. Color shall be blue to match existing lettering and striping. • Trunk Lettering: POLICE must measure 2 1/4" in height. The type of style must be Helvetica Extra Bold Color shall be blue to match existing lettering and striping. • Right and Left Quarter Panels: The work POLICE for the left and the right quarter panels are 5" high. The type of style must be Helvetica Extra Bold and will be sized to fit the year, make and model of the vehicle to be equipped. Color shall be blue to match existing lettering and striping. • Right and Left Quarter Panels: The words " Professional Law Enforcement" for the left and right quarter panels must be 26" long and must be type style Helvetica regular. Letters must measure 1 1/8" in height in upper and lower case, with quotation marks. Color shall be blue to match existing lettering and striping. General City Fleet Decals: • City Seals: The circular seals are mounted on each front door of the vehicle and must read "THE CITY OF MIAMI" across the top portion of the seal and "MIAMI-DADE COUNTY., FLORIDA" on the bottom portion. They must be cut to fit the year, make, model of the vehicle to be equipped. Seals must be silk screened with brand white and metallic gold inks. The City circular seal shall be available in the following sizes: 2" through 20" diameter at one (1) inch intervals. • Stay Back 50 Feet: Warning labels to be placed on the back of large trucks. The label shall be two -tiered and will read "DANGER" on the top line and "STAY BACK 50 FEET" on the bottom line. Letters shall be reflective red Block style with the work "DANGER" being in bold. Overall dimension shall be approximately 9" X 35". Fire Department Decals: • Fire Seals: The Fire circular seals are mounted on each front door of the vehicle and must read " THE CITY OF MIAMI" across the top portion of the seal and " FIRE RESCUE" on the bottom portion, color for all will be red, white, yellow and blue. The Fire circular seal shall be available in various sizes.