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HomeMy WebLinkAboutInvitation For BidANNIL= PLRLZ. C'PPO Chic) pf"Cwrinrnl O Crr CfitiU of Otamj ADDENDUM NO. 4 IFB No. 702382 D.VNILL J. ALFONSO C'ii� Maiflc,�r September 26, 2017 Invitation for Bid (lFB) Municipal Towing Software for the Police Department TO: ALL PROSPECTIVE BIDDERS: The following changes, additions, clarifications, and deletions amend the IFB documents of the above captioned IFS, and shall become an integral part of the Contract Documents. Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall be added. The remaining provisions are now in effect and remain unchanged. Please note the contents herein and reflect same on the documents you have on hand. The following is the City's response to questions received from prospective bidders: Q1. Can the City explain what are the necessary requirements to effectively interface with the Oracle and Computer Aided Dispatch ("CAD") systems? Moreover, is there a specific integration that you are seeking to replicate or create? Al. In order to effectively interface with Oracle, the application must be able to integrate with the Enterprise Resource Planning System, which is used for invoicing purposes. For the CAD system, the application must be able to integrate with the Motorola PremierOne System, Q2. As it pertains to accessibility on smartphones and tablets, is there an operating system compatibility requirement? To further detail: there are over 10,000 different types of cell phones and operating system versions. Can the City specify the minimum mobile operating system requirements? A2. The web based application should be HTML 5 compliant, any mobiie application should support, at a minimum, the last two versions of Apple Operating System ("IOS") and Android Operating System. 03. To the best of my knowledge, FCIC and ELVIS database electronic queries are limited to Police Department ("PD") use only. There are some public access portals but none that provide a means to import the information into our primary software application. Would the use of Miami PD credentials, user names and passwords be provided to "possibly" allow the ability to import? If not, would the City of Miami assist in facilitating the necessary account creation to provide the import tool? A3. This function is strictly performed by the City's Police Department. The City will not allow access to these databases, but will assist with the import tool. No shared accounts will be provided. Q4. Item 13 of the Software Requirements stipulates the need for a mechanism. Can you provide a definition of mechanism? is there an operating system compatibility requirement? A4. Mechanism is a process by which something takes place or is brought about. In this instance. the mechanism would be a prompt to the tow truck operator that pictures need to be uploaded in order to proceed to the next step. See the answer to question 2 for compatibility requirements Q5. Item 16 asks for provisions to transfer all data back to the City in the file types of its choosing. Can you provide the file types that may be requested? A5. The file types which the City would request data to be transferred back are XML export, or Microsoft SQL database with a well-defined schema and dictionary. Q6. Regarding the initial onsite training requirements: how many PD's would be involved? How many towing companies would be involved? A6. The initial training will be provided for approximately 100 representatives from towing/immobilization companies, and the initial training will only require data entry, since their access will be limited. Police will have approximately 25 personnel and will require full training. Any additional companies added will be trained by Police. ALL OTHER TERMS AND COND,TIONS OF THE IFS REMAIN" THE SAME. AP/ef c: I FS File Sincerely, n ie Perez, PPO Di ector/Chief Procurement Ofr'icer Page 2 ANNIE PEREZ. CPPD Chi'l rm�;u1%iucn:o�c, C #tr of �4R T-ani1-1 J'1) RL` - ADDENDUM NO, 3 IFS No, 702382 September 21, 2017 Invitation for Bid IFS Municipal Towing Software for the Police Department 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 aridlor figures shall be added. The remaining provisions are now in effect and remain unchanged. Please note the contents herein and reflect same on the documents you have on hand. The IFS closing date and time has been changed as follows: A. IFB Closing Date/Time: S4ptez ber-- �917, at 2�. 4 October 3, 2017, at 3:OOPM ALL OTHER TERMS AND CONDITIONS OF THE IFB REMAIN THE SAME. Slncer�iy, Annie Perez, CPPO Director/Chief Procurement Officer AP/ef c: IFB File ANNIE PEREZ. CPPB chicl' procurmicill oflicer C171itV Vf .Niami DANIEL r. ALFONSO city "lium'Zor ADDENDUM NO. 2 IF8 No. 702382 September 15, 2017 Invitation for Bid IFB Municipal Towing Software for the Police Department TO: ALL PROSPECTIVE BIDDERS: The following changes; additions, clarifications, and deletions amend the IFB documents of the above captioned IFS, and shall become an integral part of the Contract Documents. Words andlor figures stricken through shall be deleted. Underscored words and/or figures shall be added. The remaining provisions are now in effect and remain unchanged. Please note the contents herein and reflect same on the documents you have on hand. The IFB closing date and time has been changed as follows: IFB Closing Date/Time: %eptamber48, 2047 at MRM September 26, 2017, at 3:OOPM ALL OTHER TERMS AND CONDITIONS OF THE IFB REMAIN THE SAME. Sincerely, rniXerez, CPPDor/Chief Procurement Officer AP/ef c: IFB File iof y '� 91 ADDEtINDUIVI NO. 1 1FE No. 742382 September 6, 2017 Invitation for Bid (IFB) Mur icioai T owinLa Software for the Police Department 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 refraining provisions are now in effect and remain unchanged. Please rote the contents herein and reflect same on the documents you have on hand. The 1F8 closing date and time has been changed as follows: A. IFE Closing Date,"Time- S 2mRe„�, 41,201. , t-- Pill September 18. 2018, at 3:OOPM B. The following is the City's response to the questions received from prospective bidders: Q1. In Section 3.1, Scope of work, Software Requirements, section -15 stipulates that data be entered on the Private Property Tow f=orm, lister) as Attachment B. Can the City provide a copy of Attachment S, which was not included with the IFS? Al. Attachment B, the Private Property Tow Forrn is included in the Header Section of the solicitation. Q2. There is a search criterion component for Police Directed `rows, spelled out in Attachment A. Can the Gita provide a copy of the Attachment A, which was not included kirith the IFS? A2. Attachment A, the Police Directed Tow Form Is included in the Header Section of the solicitation. Q3. Are hard copy proposals mailed in allowed in lieu of electronic submissions? A3. See Section 1.78 of the Solicitation titled "SUBMISSION AND RECEIPT OF RESPONSFS' for submittal information. ALL OTHER TERMS AND CONDITIONS OF THE IFa REiVIAIN THE SAIVIE. Sincerely, eniZehCJPP0 Director/Chief Procurem nt Officer A P/ef c: IFB File Cit of Miami f Y altirr ill[[1 11 1 i Invitation for Bid (IFB) t0R Procurement Department IFBvumber: Title: Issue Date/Time: IFBClosing 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: Hard Copy Submittal Location: Contracting Officer E -Mail Address: Contracting Officer Facsimile: Miami Riverside Center 444 SW 2^d Avenue. 611 Floor Miami, Florida 33130 Web Site Address: www,rnsamiaov_comlorocuremenl 702382,4 Invitation For Bid for Municipal Towing Software for the Police Department 26 -SEP -2017 10/03/2017 (Da 15:00:00 None Friday, September 1, 2017 at 2:00 RNLI Falcon, Eduardo City of ;Miami - City Clerk 3500 Pan American Drive Miami FL 33133 US efalconCmiamigovxom 305-400-5390 Noe 1 of 37 Certification Statement Please quote on this form, if applicable, net prices for the items) listed. Return signed original and retain a copy for your files. Prices should include all costs, including transportation to destination. The City reserves the right to accept or reject all or any part of this submission. Prices should be firm for a minimum of 180 days follow ino 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. y We (1) 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 infonnation 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 (1) agree to abide by all terms and conditions of this solicitation and certify that I am authorized to sign this submission for the submitter. Please print the following and sign your name: PROPOSER NAME: ADDRESS: PHONE: EMAIL. SIGNED BY: TITLE: FAX: CELL(Optional): DATE: FAILURE TO COMPLETE, SIGN*. AND RETURN THIS FORM SHALL DISQUALIFY THIS RESPONSE. Page 2 of 37 Certifications Lesal Name of Finn: FEI/EIN Entity Type: Partnership, Sole Proprietorship, Corporation, etc. Year Established: Office Location: City of Miami, Miami -Dade County, or Other Business Tax Receipt/Occupational License Number: Business Tax Receipt/Occupational License Issuing Agency: Business Tax Recciptr'Occupational Liccnsc Expiration Date: If subcontractor(s) will be utilized, provide their name, address and the the portion of the work they will be responsible for under this contract (a copy of their license(s) must be submitted with your bid response): Please list and acknowled"-e all addendum/addenda received. List the addendum/addenda number and date of receipt (i.e. Addendum No. 1, 7/l/07). If no addendum/addenda was/were issued, please insert N/A If Bidder has a Local Office, as defined under Chapter 18/Articlle III, Section 18-73 of the City Code, has Bidder filled out, notarized, and included with its hid response the "City of Miami Local Office Certification" form? YES OR NO? (The City of Miami Local Office Certification form is located in the Oracle Sourcing system ("iSupplier"), under the Header/Notes and Attachments Section of this solicitation) Please acicnowled-e that all documents requested in the Minimum Qualifications Section have been Page 3 of 37 submitted. Reference No. 1: Naive 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 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 Pcrson and Telephonc 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 ervices/goodsas 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 and Telephone Number- for above referenced no. 3 Reference No. 3: Date of Contract or Sale for above referenced no. 3 Page 4 of 37 Line: 1 Description: Software licensing, configuration, mobilization costs, and related one time setup fees. (Enter price if applicable, if this is a no charge feature enter $.001) Category: 20880-00 Unit of Measure: Each Unit Price: $ Number of Units: I Total: $ Line: 2 Description: On-site training for software usage (max 4 of persons pending) (per training session). (Enter price if applicable, if this is a no charge feature enter $.001) Category: 20866-76 Unit of Measure: Each Unit Price: S Number of Units: I Total: .$ Line: 3 Description: Off-site training for software usage, VVeb Based (per training session). (Enter price if applicable, if this is a no charge feature enter 5.001) Categoty: 20866-76 Unit of Measure: Each Unit Price: $ Number of Units: 20 Total: $ Line: 4 Description: Cost per tow (for each vehicle towed) (Enter price if applicable, if this is a no charge feature enter 5.001) Category: 96890-44 Unit of Measure: Each Unit Price: $ Number of Units: 14,000 Total: $ Page 5 of 37 Invitation for Bid (IFB) 702382,4 Table of Contents Teensand Conditions.....................................................................................................................................................7 I. General Conditions............................................................................................................................................7 I.1. GENERAL TERMS AND CONDITIONS.............................................................................................7 2. Special Conditions..........................................................................................................................................27 2.1. PURPOSE.............................................................................................................................................27 2.2. PRE-BID/PRE-PROPOSAL CONFERENCE......................................................................................27 2.3. BIDDERS MINIMUM QUALIFICATIONS.......................................................................................27 2.4. SPECIFICATION EXCEPTIONS........................................................................................................27 2.5. DEADLINE FOR RECEIPT OF REQUEST FOR ADDITIONAL INFO R_ti[ATION/CLARIFICATION......................... ........... ................. ...................... __ ......... ,,....,..........28 2.6. TERZvi OF CONTRACT.......................................................................................................................28 2.7. CONDITIONS FOR RENEWAL.........................................................................................................28 2.8. METI-IOD OF AWARD............................................................................................... ..................28 2.9. TIE BIDS ....................................... ... ' 2.10. NON -APPROPRIATION OF FUNDS..............................................................................................2 9 2.11. FAILURE TO PERFORM..................................................................................................................29 2.12. LIQUIDATED DA%IAGES...............................................................................................................29 2.13. INSURANCE REQUIRE IENTS......................................................................................................29 2.14. PROJECT MANAGER.......................................................................................................................31 2.15. ADDITION/DELETION OF SUPPLIERS/SOFTWARE ENHANCEMENTS................................32 2.16. PRIMARY CLIENT (FIRST PRIORITY) .........................................................................................32 2.17. PROPRIETARY" RIGHTS..................................................................................................................32 2.18, TERMINATION.................................................................................... .... 2.19. ADDITIONAL TERIVIS AND CONDITIONS ..................... .................. ............ ............................... 33 3. Specifications........................................................................................... ...35 3.1. SCOPE OF WORK.......................................................... ............................................................35 Page 6 of 37 Invitation for Bid (IFB) 702332,4 Terms and Conditions 1. General Conditions I.I. GENERAL TERNIS AND CONDITIONS Intent: The General Terms and Conditions described herein apply to the acquisition of goods/equipment/services with an estimated aggregate cost of S25,000.00 or more. Definition: A formal solicitation is defined as issuance of an Invitation for Bids, Request for Proposals, Request for Qualifications, or Request for Letters of Interest pursuant to the City of Miami Procurement Code and/or Florida Law, as amended. Formal Solicitation and Solicitation shall be defined in the same manner llercin. LL ACCEPTANCE OF GOODS OR EQUIPMENT - Any good(s) or equipment delivered under this formal solicitation, if applicable, shall remain the property of the seller until a physical inspection and actual usage of the good is made, and thereafter is accepted as satisfactory to the City. It must Comply with the terms herein and be fully in accordance with specifications and of the highest quality. In the event the goods/equipment supplied to the City are found to be defective or does not conform to specifications, the City reserves the right to cancel the order upon written notice to the Contractor and return the product to the Contractor at the Contractor's expense. 1.2. ACCEPTANCE OF OFFER - The signed or electronic submission of your solicitation response shall be considered an offer on the part of the bidder/proposer; such offer shall be deemed accepted upon issuance by the City of a purchase order. 13. ACCEPTANCE/REJECTION — The City reserves the right to accept or reject any or all responses or parts of after openina'elosing date and request re -issuance on the Goods. services described in the formal solicitation. In the event of such rejection, the Director of Purchasing shall notify all affected bidders proposers and make available a written explanation for the rejection. The City also reserves the right to reject the response of any bidder/proposer who has previously failed to properly perforin under the terms and conditions of a contract, to deliver on time contracts of a similar nature, and who is not in a position to perform the requirements defined in this formal solicitation. The City further reserves the right to waive any irregularities or minor informalities or technicalities in any or at[ responses and may, at its discretion, re -issue this formal solicitation. 1.4. ADDENDA — It is the bidder's/proposer's responsibility to ensure receipt of all Addenda. Addenda are available at the City's website at: http://xvwty.ci.miami.fl.us,lprocurement 1.5. ALTERNATE RESPONSES WILL NOT BE CONSIDERED. 1.6. ASSIGNMENT - Contractor agrees not to subcontract, assign, transfer, convey, sublet, or otherwise dispose of the resulting Contract, or any or all of its right, title or interest herein, without City of Miami's prior written consent. 1.7. ATTORNEY'S FEES - In connection with any litigation, mediation and arbitration arising out of this Contract, each party shall bear their own attorney's fees through and including appellate litigation and any post judgment proceedings. 1.8. AUDIT RIGHTS AND RECORDS RETENTION - The Successful Bidder.%Proposer agrees to provide access at all reasonable times to the City, or to any of its duly authorized representatives, to any books, documents, papers, and records of Contractor which are directly pertinent to this formal solicitation, for the purpose of audit, examination, excerpts, and transcriptions. The Successful Bidder/Proposer shall maintain and retain any and all of Page 7 of 37 Invitation for Bid (IFB) 702382,4 the books, documents, papers and records pertinent to the Contract for three (3) years after the City makes final payment and all other pending matters are closed. Contractor's failure to or refitsal to comply with this condition shall result in the immediate cancellation of this contract by the City. 1.9. AVAILABI L1Tl' OF CO. TRACT STATE-NVIDE -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 bidders)/proposer(s) at the contract price(s) established herein, when permissible by federal, state, and local laws, rules, and regulations. Each Governmental, not-for-profit or quasi -governmental entity which uses this formal solicitation and resulting bid contract or agreement will establish its own contract/agreement, place its own orders, issue its own purchase orders, be invoiced there from and make its own payments, determine shipping terms and issue its own exemption certificates as required by the successful bidder(s)/proposer(s). 1. 10, ANS°ARD OF CONTRACT: A. The Formal Solicitation, Bidder'siProposer's response, any addenda issued, and the purchase order shall constitute the entire contract, unless modified in accordance with any ensuing contract'agreentent, amendment or addenda. B. The award of a contract where there are Tie Bids will be decided by the Director of Purehasin, or designee in the instance that Tie Bids can't be determined by applying Florida Statutte 287.087, Preference to Businesses with Drug-Free'Workplace Programs. C. The award of this contract may be preconditioned on the subsequent submission of other documents as specified in the Special Conditions or Technical Specifications. Bidder Proposer shall be in default of its contractual obli-ation if such documents are not submitted in a timely manner and in the form required by the City. Where BidderTroposer is in default of these contractual requirements, the City, through action taken by the Purchasing Department, will void its acceptance of the Bidder'siProposer's Response and may accept the Response from the next lowest responsive, responsible Bidder or Proposal most advantageous to the City or re -solicit the City's requirements. The City, at its sole discretion, may seek monetary restitution from Bidder/Proposer and its bid/proposal bond or guaranty, if applicable, as a result of damages or increased costs sustained as a result of the Bidder'siProposer's default. D. The term of the contract shall be specified in one of three documents which shall be issued to the suecessfid Bidder 'Proposer. These documents may either be a purchase order, notice of award and/or contract award sheet. E. The City reserves the right to automatically extend this contract for up to one hundred twenty (120) calendar days beyond the stated contract term in order to provide City departments with continual service and supplies while a new contract is being solicited, evaluated, and/or awarded. If the richt is exercised, the City shall notify the Bidder/Proposer, in writing, of its intent to extend the contract at the same price, terms and conditions for a specific number ofdays. Additional extensions over the first one hundred twenty (120) day extension may occur, if, the City and the Successful Bidder.'Proposer are in mutual agreement of such extensions. F. Where the contract involves a single shipment of goods to the City, tite contract terns shall conclude upon completion of the expressed or implied warranty periods. G. The City reserves the right to award the contract on a split -order, lump sum or individual -item basis, or such combination as shall best serve the interests of the City unless otherwise specified. H. A Contract/Agreement may be awarded to the Bidder/Proposer by the City Commission based upon the minimum qualification requirements reflected herein. As a result of a RFP, RFQ, or RFLI, the City reserves the right to execute or not execute, as applicable, an Agreement with the Proposer, whichever is determined to be in the Page 8 of 37 Invitation for Bid { 1FB) 702382,4 City's best interests. Stich agreement will be furnished by the City, will contain certain terms as are in the City's best interests, and will be subject to approval as to legal form by the City Attorney. 1.11. BID BONDI BID SECURITY- A cashier's or certified check, or a Bid Bond signed by a recognized surety company that is licensed to do business in the State of Florida, payable to the City of Miami, for the amount bid is required front all bidders/proposers, if so indicated tinder the Special Conditions. This check or bond guarantees that a bidder/proposer will accept the order or contract/agreement, as bidr'proposed, if it is awarded to biddeCproposer. Bidder'Proposer shall forfeit bid deposit to the City should City award contract/agreement to Bidder'Proposer and Bidder Proposer fails to accept the award. The City reserves the right to reject any and all surety tendered to the City. Bid deposits are returned to unsuccessful bidders,proposers within ten (10) days after the award and successful bidder's/proposer's acceptance of award. I f sixty (60) days have passed after the date of the formal solicitation closing date, and no contract has been awarded, all bid deposits will be returned on demand. 1.12. RESPONSE FORM (HARDCOPY FORMAT) - All forts should be completed, signed and submitted accordingly. 1.13. BID SECURITYFORFEITED LIQUIDATED DAMAGES - Failure to execute an Agreement and'or file an acceptable Performance Bond, when required, as provided herein, shall be just cause for the annulment of the award and the forfeiture of the ,Bid Security to the City, which forfeiture shall be considered, not as a penalty, but in mitigation of damages sustained. Award may then be made to the next lowest responsive, responsible Bidder or Proposal most advantageous to the City or all responses may be rejected. 1.14. BRAND NAM ES - If and wherever in the specifications brand names, makes, models, names of any manufacturers, trade names, or bidder/proposer catalog numbers are specified, it is for the purpose of establishing the type, ftinetion, minimum standard of design, efficiency, grade or quality of goods only. When the City does not wish to role out other competitors' brands or makes, the phrase "OR EQUAL" is added. When bidding/proposing an approved equal. Bidders/Proposers will submit, with their response, complete sets of necessary data (factory infornmation sheets, specifications, brochures, etc.) in order for the City to evaluate and determine the equality of the item(s) bid. proposed. The City shall be the sole judge of equality and its decision shall he final. Unless othenvise 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 atter formal solicitation opening/closing only upon request of the City. If samples should be requested, such samples must be received by the City no later than seven (7) calendar days after a formal request is made. 1.15. CANCELLATION - The City reserves the right to cancel all formal solicitations before its open ing/closingo, In the event of bid,proposal cancellation, the Director of Purchasing shall notify all prospective bidders/proposers and make available a written explanation for the cancellation. 1.16. CAPITAL EXPENDITURES - Contractor understands that any capital expenditures that the firm makes, or prepares to make, in order to deliver/perform the goods/smices required by the City, is a business risk which the contractor must assume. The City will not be obligated to reimburse amortized or unamortized capital expenditures, or to maintain the approved status of any contractor. If contractor has been unable to recoup its capital expenditures during the time it is rendering such goods/services, it shall not have any claim upon the City. 1.17. CITY NOT LIABLE FOR DELAY'S - It is ftirther expressly agreed that in no event shall the City be liable for, or responsible to, the Bidder/Ptoposer ?Consultant, any sub-contractor.'sub-consultant, or to any other person for, or on account of, any stoppages or delay in the work herein provided for by injunction or other legal or equitable proceedings or on account of any delay for any cause over which the City has no control. 1.18. COLLUSION—Bidder/Proposer, by submitting a response, certifies that its response is made without previous understanding. agreement or connection either with any person, firm or corporation submitting a response Page 9 of 37 Invitation for Bid (IFB) 702382,4 for the same items/services or with the City of Miami's Purchasing Department or initiating department. The Bidder�Proposer certifies that its response is fair, without control, collusion, fraud or other illegal action. Bidder'Proposer certifies that it is in compliance with the Conflict of Interest and Code of Ethics Laws, The City will investigate all potential situations where collusion may have occurred and the City reserves the right to reject any and all bids/responses where collusion may have occurred. 1.19. CO-MPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS - Contractor understands that contracts between private entities and local governments are subject to certain laws and regulations, including laws pertaining to public records, conflict of interest, records keeping, etc. City and Contractor agree to comply with and observe all applicable laws, codes and ordinances as that may in any way affect the goods or equipment offered, including but not limited to: A. Executive Order 11246, which prohibits discrimination against any employee, applicant, or client because of race, creed, color, national origin, sex, or age with regard to, but not limited to, the following: employment practices, rate of pay or other compensation methods, and training selection. 4 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. Environmcnt 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. 1. City Procurement Ordinance City Code Section 18, Article III. J. Conflict of Interest, City Code Section 2-611,61. K. Cone of Silence, City Code Section 18-74. L. The Florida Statutes Sections 218.73 and 218.74 on Prompt Payment. Lack of knowledge by the bidder/proposer will in no way be a cause for relief from responsibility. Non-compliance with all local, state, and federal directives, orders, and laws may be considered -.rounds for termination of contract(s). Copies of the City Ordinances may be obtained from the City Clerk's Office. 1.20. CONE OF SILENCE - Pursuant to Section 18-74 of the City of Miami Code, a "Cone of Silence" is imposed upon each RFP, RFQ, RFLI, or IFB after advertisement and terminates at the time the City Manager issues a written recommendation to the Miami City Commission. The Cone of Silence shall be applicable only to Contracts for the provision of goods and services and public works or improvements for amounts greater than 5200,000. The Cone of Silence prohibits any communication regarding RFPs, RFQs, RFLI or IFBs (bids) between, among others: Potential vendors, service providers, bidders, lobbyists or consultants and the City's professional staff including, but not limited to, the City Manager and the City Manager's staff, the Mayor, City Commissioners, or their respective staffs and any member of the respective selection/evaluation committee. The provision does not apply to, among other communications: Page 10 of 37 Invitation for Bid (IFB) 702382,4 oral communications with the City purchasing staff, provided the communication is limited strictly to matters of process or procedure already contained in the formal solicitation document; the provisions of the Cone of Silence do not apply to oral communications at duly noticed site visits: inspections, pre -proposal or pre-bid conferences, oral presentations before scleetionlevaluation committees, contract negotiations during any duly noticed public meeting, or public presentations made to the Miami City Commission during a duly noticed public meeting; or communications in "riting or by email at any time with any City employee, official or member of the City Commission unless specifically prohibited by the applicable RFP, RFQ, RFLI or IFB (bid) documents (See Section 2.2. of the Special Conditions); or communications in connection with the collection of industry comments or the performance of market research regarding a particular RFP, RFQ, RFLI OR IFB by City Purchasing staff. Proposers or bidders must file a copy of any written communications with the Office of the City Clerk, which shall be made available to any person upon request. The City shall respond in writing and rile a copy with the Office of the City Clerk, which shall be made available to any person upon request. Written communications may be in the form of e-mail, with a copy to the Office of the City Clerk. In addition to any other penalties provided by law, violation of the Cone of Silence by any proposer or bidder shall render any award voidable. A violation by a particular Bidder, Proposer, Offeror, Respondent, lobbyist or consultant shall subject same to potential penalties pursuant to the City Code. Any person having personal knowledge of a violation of these provisions shall report such violation to the State Attorney and/or may file a complaint with the Ethics Commission. Proposers or bidders should reference Section 18-74 of the City of Miami Code for further clarification. This language is only a summary of the key provisions of the Cone of Silence. Please review City of Miami Code Section 18-74 for a complete and thorough description of the Cone of Silence. You may contact the City Clerk at 305-250-5360, to obtain a copy of same. 1.21. CONFIDENTIALITY - As a political subdivision, the City of Miami is subject to the Florida Sunshine Act and Public Records Law. If this Contract'Aareement contains a confidentiality provision, it shall have no application when disclosure is required by Florida law or upon court order. 1.22. CONFLICT OF INTEREST — Bidders/Proposers, by responding to this Formal Solicitation, certify that to the best of their knowledge or belief, no elected,'appointed official or employee of the City of Miami is financially interested, directly or indirectly, in the purchase of goods/services specified in this Formal Solicitation. Any such interests on the part of the Bidder'Proposer or its employees must be disclosed in writing to the City. Further, you must disclose the name of any City employee who owns, directly or indirectly, an interest of five percent (5%) or more of the total assets of capital stock in your firm. A. Bidder'Proposer further agrees not to use or attempt to use any knowledge, property or resource which may be within his/lierlits tntst, or perform his/her/its duties, to secure a special privilege, benefit, or exemption for himself herselfiitself, or others. Bidder/Proposer may not disclose or use information not available to members of the general public and gained by reason of his/her/its position, except for information relating exclusively to governmental practices, for his/her'its personal Quin or benefit or for the personal gain or benefit of any other person or business entity. B. Bidder'Proposer hereby acknowledges that he/she/it has not contracted or transacted any business with the City or any person or agency acting for the City, and has not appeared in representation of any third party before any board, commission or agency of the City within the past two years. Bidder/Proposer farther warrants that he/she/it is not related, specifically the spouse, son, daughter, parent, brother or sister, to: (i) any member of the commission; (ii) the mayor; (iii) any city employee; or (iv) any member of any board or agency of the City. C. A violation of this section may subject the Bidder/Proposer to immediate termination of any professional services agreement with the City, imposition of the maximum fine and/or any penalties allowed by law. Page 11 of 37 Invitation for Bid (IFB) 702382,4 Additionally, violations may be considered by and subject to action by the Miami -Dade County Commission on Ethics. 1.23. COPYRIGHT OR PATENT RIGHTS — Bidders/Proposers warrant that there has been no violation of copyright or patent rights in manufacturing, producing, or selling the goods shipped or ordered and/or services provided as a result of this formal solicitation, and bidders/proposers agree to hold the City harmless from any and all liability, loss, or expense occasioned by any such violation. 1.24. COST INCURRED BY BIDDER/PROPOSER - All expenses involved with the preparation and submission of Responses to the City, or any work performed in connection therewith shall be borne by the Bidder(s)/Proposer(s). 1.25. DEBARMENT AND SUSPENSIONS (Sec 18-107) (a) Authority and requirement to debar and suspend. After reasonable notice to an actual or prospective Contractual Party, and after reasonable opportunity for such party to be heard, the City lvlanager, after consultation with the Chief Procurement Officer and the city attorney, shall have the authority to debar a Contractual Party, for the causes listed below, from consideration for award of city Contracts. The debarment shall be for a period of not fewer than three years. The City Manager shall also have the authority to suspend a Contractual Party from consideration for award of city Contracts if there is probable cause for debarment, pending the debarment determination. The authority to debar and suspend contractors shall be exercised in accordance with regulations which shall be issued by the Chief Procurement Officer after approval by the City Manager, the city attorney, and the City Commission. (b) Causes for debarment or suspension. Causes for debarment or suspension include the following: (1) Conviction for commission of a criminal offense incident to obtaining or attempting to obtain a public or private Contract or subcontract, or incident to the performance of such Contract or subcontract. (2) Conviction under state or federal statutes of embezzlement, theft, forgery, bribery, falsification or destruction of records, receiving stolen property, or any other offense indicating a lack of business intzsrity or business honesty. (3) Conviction under state or federal antitrust statutes arising out of the submission of Bids or Proposals. (d) Violation of Contract provisions, which is regarded by the Chief Procurement Officer to be indicative of nonresponsibility. Stich violation may include failure without good cause to perform in accordance with the terms and conditions of a Contract or to perform within the time limits provided in a Contract, provided that failure to perform caused by acts beyond the control of a party shall not be considered a basis for debannent or suspension. (5) Debarment or suspension of the Contractual Party by any federal, state or other governmental entity. (6) False certification pursuant to paragraph (c) below. (7) Found in violation of a zoning- ordinance or any other city ordinance or regulation and for which 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 Page 12 of 37 Invitation for Bid (IFB) 702382,4 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)(a). (d) Debarment and suspension decisions. Subject to the provisions of paragraph (a), the City fvlanager shall render a written decision statim the reasons for the debamtent or suspension. A copy of the decision shall be provided promptly to the Contractual Panty, along with a notice of said party's right to seek judicial relief. 1.26, DEBARRED/SUSPENDED VENDORS —An entity or affiliate who has been placed on the State of Florida debarred or suspended vendor list may not submit a response on a contract to provide goods or services to a public entity, may not submit a response on a contract with a public entity for the construction or repair of a public building or public work, may not submit response on leases of real property to a public entity, may not award or perform work as a contractor_ supplier, subcontractor, or consultant under contract with any public entity, and may not transact business -,with any public entity. 1.27. DEFAULTIFAILURE TO PERFORM - The City shall be the sole judge of nonperformance, which shall include any failure on the part of the successful BiddeeProposer to accept the award, to furnish required documents, and/or to fulfill any portion of this contract within the time stipulated. Upon default by the successful Bidder Proposer to meet any terns of this agreement, the City will notify the Bidder'Proposer of the default and will provide the contractor three (3) days (weekends and holidays excluded) to remedy the default. Failure on the contractor's part to correct the default within the required three (3) days shall result in the Contract being terminated and upon the City notifying in writing the contractor of its intentions and the effective date of the termination. The following shall constitute default: A. Failure to perform the work or deliver thegoods/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 tinder this Contract within the time specified. C. Failure to perform the work with sufficient workers and equipment or with sufficient materials to ensure timely completion. D. Neglecting or refusing to remove materials or perform new work where prior work has been rejected as nonconforming with the terms of the Contract. E. Becoming insolvent, being declared bankrupt, or committing any act of bankruptcy or insolvency, or making an assignment for the benefit of creditors, if the insolvency, bankruptcy, or assignment renders the successful Bidder/Proposer incapable of performing the work in accordance with and as required by the Contract. F. Failure to comply with any of the terns 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. 1.28. DETERMINATION OF RESPONSIVENESS - Each Response will be reviewed to determine if it is responsive to the submission requirements outlined in the Formal Solicitation. A "responsive" response is one which follows the requirements of the formal solicitation, includes all documentation, is submitted in the format outlined in the formal solicitation, is of timely submission, and has appropriate signatures as required on each document. Failure Page 13 of 37 Invitation for Bid (IF13) 702382,4 to comply with these requirements may deem a Response non-responsive. A. Responsible Bidder shall mean a bidder'proposer who has submitted a bid: prposal and who has the capability, as determined under the City- Procurement Ordinance, in all respects to fully perform the contract requirements, and the integrity and reliability of which give reasonable assurance of good faith and performmance. 1.29. DISCOUNTS OFFERED DURING TERM OF CONTRACT - Discount Prices offered in the response shall be fixed after the award by the Commission, unless otherwise specified in the Special Terms and Conditions. Price discounts off the original prices quoted in the response will be accepted from successful Bidder(s)/Proposer(s) during the terns of the contract. Stich discounts shall remain in effect for a minimum of 120 days from approval by the City Commission Anv discounts offered by a manufacturer to Biddec Proposer will be passed on to the City. 1.30. DISCREPANCIES, ERRORS, AND OMISSIONS - Any discrepancies, errors. or ambiguities in the Formal Solicitation or addenda (if any) should be reported in writing to the City's Purchasing Department. Should it be found necessary, a written addendum will be incorporated in the Formal Solicitation and will become part of the purchase agreement (contract documents). The City will not be responsible for any oral instructions, clarifications, or other communications, A. Order of Precedence — Any inconsistency in this formal solicitation shall be resolved by giving precedence to the following documents, the first of such list being the governing documents. 1) Addenda (as applicable) 2) Specifications 3) Special Conditions 4) General Terms and Conditions 1.31. EMERGENCY/ DISASTER PERFORNIANCE - In the event of a hurricane or other emergency or disaster situation, the successful vendor shall provide the City- with the commodities/services defined within the scope of this formal solicitation at the price contained within vendor's response. Further, successful vendor shall deliveriperform for the city on a priority basis during such times of emergency. 1.32. ENTIRE BID CONTRACT OR AGREEMENT - The Bid Contract or Agreement consists of this City of Miami Formal Solicitation and specifically this General Conditions Section, Contractor's Response and any written agreement entered into by the City of Miami and Contractor in cases involving RFPs, RFQs, and RFLIs, and represents the entire understandin_= and agreement between the parties with respect to the subject matter hereof and supersedes all other negotiations, understanding and representations, if any, made by and between the parties. To the extent that the agreement conflicts with, modifies, alters or changes any of the terms and conditions contained in the Formai Solicitation and or Response, the Formal Solicitation and then the Response shall control. This Contract may be modified only by a written agreement signed by the City of Miami and Contractor. 1.33. ESTIMATED QUANTITIES —Estimated quantities or estimated dollars are provided for your guidance only. No ,guarantee is expressed or implied as to quantities that will be purchased during the contract period. The City is not obligated toplace an order for any given amount subsequent to the award of this contract. Said estimates may be used by the City for purposes of determining the tow bidder or most advantageous proposer meeting specifications. The Citv reserves the rialmt to acquire additional quantities at the prices bid proposed or at lower prices in this Formal Solicitation. 1.34. EVALUATION OF RESPONSES A.Rejection of Responses The City may reject a Response for any of the following reasons: Pave 14 of 37 Invitation for Bid (IFB) 702382,4 1) Bidder. Proposer fails to acknowledge receipt of addenda, 2) BidderTroposer mistates or conceals any material fact in the Response 3) Response does not conform to the requirements of the Formal Solicitation; 4) Response requires a conditional award that conflicts with the method of award; 5) Response does not include required samples, certificates, licenses as required; and, 6) Response was not executed by the Bidder's!Proposer(s) authorized agent. The foregoin is not an all inclusive list of reasons for which a Response may be rejected. The City may reject and re -advertise for all or any part of the Formal Solicitation whenever it is deemed in the best interest of the City. B. Elimination From Consideration 1) A contract shall not be awarded to any person or firm which is in arrears to the City upon any debt or contract, or which is a defaulter as surety or otherwise upon any obligation to the City. 2) A contract may not be awarded to any person or firm which has failed to perform under the terns and conditions of any previous contract with the City or deliver on time contracts of similar nature. 3) A contract may not be awarded to any person or firm which has been debarred by the City in accordance with the City's Debarment and Suspension Ordinance. C. Determination of Responsibility 1) Responses will only be considered from entities who are regularly engaged in the business of providing the goods/equipment/services required by the Formal Solicitation. Bidder/Proposer must be able to demonstrate a satisfactory record of performance and integrity; and, have sufficient financial, material, equipment, facility, personnel resources, and expertise to meet all contractual requirements. The terms "equipment and organization" as used herein shall be construed to mean a fully equipped and well established entity in line with the best industry practices in the industry as determined by the City. 2) The City may consider any cvidence available regardinc the financial, technical and other qualifications and abilities of a Bidder'Proposer, including past performance (experience) with the City- or any other governmental entity in making the award. 3) The City may require the Bidder(s)lPropose r(s) to show proof that they have been designated as an authorized representative of a manufacturer or supplier which is the actual source of supply, if required by the Formal Solicitation. 1,35. EXCEPTION'S TO GENERAL AND/OR SPECIAL CONDITION'S OR SPECIFICATIO`S - Exceptions to the specifications shall be listed on the Response and shall reference the section. Any exceptions to the General or Special Conditions shall be cause for the bid (IFB) to be considered non-responsive. It also may be cause for a RFP, RFQ, or RFLI to be considered non-responsive; and, if exceptions are taken to the terms and conditions of the resulting agreement it may lead to terminating negotiations. 1.36. F.O.B. DESTINATION'- Unless otherwise specified in the Formal Solicitation, all prices quoted'proposed by the bidder/proposer must be F.O.B. DESTINATION, inside delivery, with all delivery costs and charges included in the bid/proposal price, unless otherwise specified in this Formal Solicitation. Failure to do so may be cause for rejection of bid/proposal. 1.37. FIRM PRICES - The bidder.'proposer warrants that prices, terms, and conditions quoted in its response will be firm throughout the duration of the contract unless otherwise specified in the Formal Solicitation_ Such prices will remain firm for the period of performance or resulting purchase orders or contracts, which are to be performed Page 15 of 37 Invitation for Bid (IFB) 702382,4 or supplied over a period of time. 1.33. FLORIDA MINIMUM LAVAGE - The Constitution of the State of Florida, Article X, Section 24, states that employers shall pay employee wanes no less than the minimum wage for all hours worked in Florida. Accordingly,. it is the contractor's and its' subcontractor(s) responsibility to understand and comply with this Florida constitutional minimum wage requirement and pay its employees the current established hourly minimum wage rate, which is subject to change or adjusted by the rate of inflation using the consumer price index for urban wage earners and clerical workers, CPI -%V, or a successor index as calculated by the United States Department of Labor. Each adjusted minimum watre rate calculated shall be determined and published by the Agency Workforce Innovation on September 36th of each year and take effect on the follows ink, January 1st. At the time of responding. it is bidder'proposer and his;lter subcontractor(s), if applicable, full responsibility to determine whether any of its employees may be impacted by this Florida Lacy at any given point in time during the term of the contract. If impacted, bidder1proposer must furnish employee natne(s), job title(s). job description(s), and current pay rate(s). Failure to submit this information at the time of submitting, a response constitute successful bidder's/proposers acknowledgement and understanding: that the Florida Minimum Wage Law will not impact its prices throughout the terns of contract and waiver of any contractual price increase request(s), The City reserves the right to request and successful bidder/proposer must provide for any and all information to make a wage and contractual price increase(s) determination. 1.39. GOVERNING LANV AND VENUE - The validity and effect of this Contract shall be governed by the laws of the State of Florida. The parties agree that any action. mediation or arbitration arising out of this Contract shall take place in Miami -Dade County, Florida. In any action or proceeding each party shall bear their own respective attorney's fees. 1.40. HEADINGS AND TER -MS - The headings to the various paragraphs of this Contract have been inserted for convenient reference only and shall not in any manner be construed as modifving, amending or affecting in any way the expressed terms and provisions hereof. 1.41. HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT (HIPPA) - Any person or entity that performs or assists the City of Miami with a function or activity involving the use or disclosure of "individually identifiable health information (IIHI) and'or Protected Health Information (PHI) shall comply with the Health Insurance Portability and Accountability Act (I-IIPAA) of 1996 and the City of Miami Privacy Standards, HIPAA mandates for privacy, security and electronic transfer standards, which include but are not limited to; A. Use of information only for performing services required by the contract or as required by law; B. Use of appropriate safeguards to prevent non -permitted disclosures; C. Reporting to the City of Miami of any non -permitted use or disclosure, D. Assurances that any agents and subcontractors agree to the same restrictions and conditions that apply to the Bidder/Proposer and reasonable assurances that IIHUPH1 will be held confidential; E. Making Protected Health Information (PI 11) available to the customer; F. Making PFII available to the customer for review and amendment; and incorporating any amendments requested by the customer; G. Makin- Plll available to the City of Miami for an accounting of disclosures; and H. Making internal practices, books and records related to PILI available to the City of Miami for compliance audits. PHI shall maintain its protected status regardless of the form and method of transmission (paper records, and/or electronic transfer of data). The Bidder/ Proposer must give its customers written notice of its privacy information Pat}e 16 of 37 Invitation for Bid (IFB) 702382,4 practices including specifically, a description of the types of uses and disclosures that w ould be made with protected health information. 1.42 iNDEMNIFICATION - Contractor shall indemnify, hold. save harmless and defend at its own costs and expense the City, its officials, officers, agents, directors, and employees, from liabilities, damages, Iosses. and costs,. including, but not Iimited to reasonable attorney's fees, to the extent caused by the negligence, recklessness or intentional wrongful misconduct of Contractor and persons employed or utilized by Contractor in the performance of this Contract and will indemnity, hold hamtless and defend the City, its officials, officers, agents, directors and employees against, any civil actions, statutory or similar claims, injuries or damages arising or resulting from the permitted work, even if it is alleged that the City, its officials and/or employees were negligent. These indemnifications shall survive the term of this Contract. in time event that any action or proceeding is brought against City by reason of any such claim or demand. Contractor shall, upon written notice from City, resist and defend such action or proceeding by counsel satisfactory to City. The Contractor expressly understands and agrees that any insurance protection required by this Contract or otherwise provided by Contractor shall in no way limit the responsibility to indemnify, keep and save harmless and defend the Ciry or its officers, employees, agents and instrumentalities as herein provided. The indemnification provided above shall obligate Contractor to defend at its o%r n expense to and through appellate, supplemental or bankruptcy proceeding- or to provide for such defense, at City's option, any and all claims of liability and all suits and actions of every name and description which may be brought against City whether performed by Contractor, or persons employed or utilized by Contractor. This indemnity will survive the cancellation or expiration of the Contract. This indemnity will be interpreted under the laws of the State of Florida, including without [imitation and which conforms to the limitations of §725.06 and/or §725.03, Fla, Statues, as amended from time to time as applicable. Contractor shall require all Sub -Contractor agreements to include a provision that they will indemnify the City. The Contractor agrees and recognizes that the City shall not be held liable or responsible for any claims which may result from any actions or omissions of the Contractor in which the City participated either through review or concurrence of the Contractors actions. In reviewing, approving or rejecting any submissions by the Contractor or other acts of the Contractor, the City in no way assumes or shares any responsibility or liability of the Contractor or Sub -Contractor, under this Agreement. 1,43. FORMATION AND DESCRIPTIVE LITERATURE—BiddersfProposer must furnish all information requested in the spaces provided in the Formal Solicitation. Further, as may be specified elsewhere, each Bidder/Proposer must submit for evaluation, cuts, sketches, descriptive literature, technical specifications, and Material Safety Data Sheets (y,ISDS)as required, covering the products offered. Reference to literature submitted with a previous response or on file with the Buyer will not satisfy this provision, 1.44. INSPECTiONS - The City may, at reasonable times during the terms hereof.. inspect Contractor's facilities and perform such tests, as the City deems reasonably necessary, to determine whether the goods and/or services required to be provided by the Contractor under this Contract confonn to the terms and conditions of the Formal Solicitation. Contractor shall make available to the City all reasonable facilities and assistance to facilitate the performance of tests or inspections by City representatives. All tests and inspections shall be subject to, and made in accordance with, the provisions of the City of [Miami Ordinance No. 12271 (Section 13-79), as same may be amended or supplemented from time to time. 1.45. INSPECTION OF RESPONSE - Responses received by the City pursuant to a Formal Solicitation will not be made available until such time as the City provides notice of a decision or intended decision or within 30 days after bid closing, whichever is earlier. Bid/Proposal results will be tabulated and may be fumished upon request via fax or e-mail to the Sr. Procurement Specialist issuing, the Solicitation. Tabulations also are available on the City's Page 17 of 37 Invitation for Bid (IFB) 702382,4 Web Site following recommendation for award 1.46. INSURANCE - Within ten (I0) days after receipt of Notice of Award, the successful Contractor, shall furnish Evidence of Insurance to the Purchasing Department, if applicable. Submitted evidence of coverage shall demonstrate strict compliance to ali requirements listed on the Special Conditions entitled "Insurance Requirements". The City shall be listed as an "Additional Insured." Issuance of a Purchase Order is contimZent upon the receipt of proper insurance documents. If the insurance certificate is received within the specified time frame but not in the manner prescribed in this Solicitation the Contractor shall be verbally notified of such deficiency and shall have an additional five (6) calendar days to submit a corrected certificate to the City, If the Contractor fails to submit the required insurance documents in the manner prescribed in this Solicitation within fifteen (15) calendar days after receipt Notice of Award, the contractor shall be in default of the contractual terms and conditions and shall not be awarded the contract. Under such circumstances, the Bidder/Proposer may be prohibited from submitting future responses to the City. Information regarding any insurance requirements shall be directed to the Risk Administrator, Department of Risk Management, at 444 Sib' 2nd Avenue, 9th Floor, Miami, Florida 33130, 305-416-1604, The Bidder/Proposer shall be responsible for assuring that the insurance certificates required in conjunction with this Section remain in effect for the duration of the contractual period; including any and all option terms that may be granted to the Bidder/Proposer. 1.47. INVOICES - Invoices shall contain purchase order number and details of goods and/or services delivered (i,e. quantity, unit price, extended price, etc); and in compliance with Chapter 2 I of the Florida Statutes (Prompt Payment Act). 1,48. LOCAL PREFERENCE A. City Code Section 18-85, states, "when a responsive, responsible non -local bidder submits the lowest bid price, and the bid submitted by one or more responsive, responsible Iocal bidders who maintain a local office, as defined in Section 18-73, is within fifteen percent (15%) of the price submitted by the non -local bidder, then that non -local bidder and each of the aforementioned responsive, responsible local bidders shall have the opportunity to submit a best and final bid equal to or lower than the amount of the low bid previously submitted by the non -local bidder. Contract award shall be made to the lowest responsive, responsible bidder submitting the lowest best and final bid. In the case of a tie in the best and final bid between a local bidder and a non -local bidder, contract award shall be made to the local bidder." B. City Code Section 18-86, states, "the RFP, RFLI or RFQ, as applicable, may, in the exercise of the reasonable professional discretion of the City Manager, director of the using agency, and the Chief Procurement Officer, include a five (5%) percent evaluation criterion in favor of proposers who maintain a local office, as defined in Section 18-73. In such cases, this five (5',, ) percent evaluation criterion in favor of proposers who maintain a local office will be specifically defined in the RFP, RFLI or RFQ, as applicable; otherwise, it will not apply, 1.49. RIAiNUFACTURE R'S CERTIFICATION -The City reserves the right to request from bidders,'proposers a separate Manufacturer's Certification of all statements made in the bid/proposal. Failure to provide such certification may result in the rejection of bidlproposal or termination of contract'agreement, for which the bidder/proposer must bear Rill liability. 1,50. tMODIFICATIONS OR CHANGES IN PURCHASE ORDERS AND CONTRACTS - No contract or understanding to modify this Formal Solicitation and resultant purchase orders or contracts, if applicable, shall be binding upon the City unless made in writing by the Director of Purchasing of the City of Miami, Florida thrmi;h the issuance of a change order, addendum, amendment, or supplement to the contract, purchase order or award sheet Page I8 of 37 Invitation for Bid (IFB) 702332,4 as appropriate. 1.51. NO PARTNERSHIP OR JOLT VENTURE - Nothing contained in this Contract will be deemed or construed to create a partnership orjoint venture between the City of Miami and Contractor, or to create any other similar relationship between the parties. 1.52. NONCONFORMANCE TO CONTRACT CONDITIONS - Items may be tested for compliance with specifications tinder the direction of the Florida Department of Agriculture and Consumer Services or by other appropriate testing Laboratories as determined by the City. The data derived from any test for compliance with specifications is public record and open to examination thereto in accordance with Chapter 119, Florida Statutes. Items delivered not conforming to specifications may be rejected and returned at Bidder's/Proposer's expense. These non -conforming items not delivered as per delivery date in the response and/or Purchase Order may result in bidder/proposer being found in default in which event any anal all re -procurement costs may be charged against the defaulted contractor. Any violation of these stipulations may also result in the supplier's name being removed from the City of Miami's Supplier's list. 1.53. NONDISCRIMINATION—Bidder, Proposer agrees that it shall not discriminate as to race, sex, color, age, religion, national origin, marital status, or disability in connection with its performance under this formal solicitation. Furthermore, Bidder/Proposer agrees that no otherwise qualified individual shalt solely by reason of his/her race, sex, color, age, religion, national origin, marital status or disability be excluded from the participation in, be denied benefits of, or be subjected to, discrimination under any program or activity. In connection with the conduct of its business, including performance of services and employment of personnel, Bidder/Proposer shall not discriminate against any person on the basis of race, color, religion, disability, age, sex, marital status or national origin. All persons having appropriate qualifications shall be afforded equal opportunity for employment. 1.54. NON-EXCLUSIVE CONTRACT/ PIGGYBACK PROVISION - At such times as may serve its best interest, the City of'vliami reserves the right to advertise for, receive, and award additional contracts for these herein ;gods andror services, and to make use of other competitively bid (governmental) contracts, agreements, or other similar sources for the purchase of these goods andror services as may be available. It is hereby agreed and understood that this formal solicitation does not constitute the exclusive rights of the successful bidder(s)lproposer(s) to receive all orders that may be generated by the City in conjunction with this Formal Solicitation. In addition, any and all commodities, equipment, and services required by the City in conjunction with construction projects are solicited under a distinctly different solicitation process and shall not be purchased under the terms, conditions and awards rendered under this solicitation, unless such purchases are determined to be in the best interest of the City. 1.55. OCCUPATIONAL LICENSE - Any person, firm, corporation or joint venture, with a business location in the City of Miami and is submitting a Response under this Fonual Solicitation shall meet the City's Occupational License Tax requirements in accordance with Chapter 3t.1, Article 1 of the City of Miami Charter. Others with a location outside the City of Miami shall meet their local Occupational License Tax requirements. A copy of the license must be submitted with the response; however, the City may at its sole option and in its best interest allow the Bidder/Proposer to supply the license to the City during the evaluation period, but prior to award. 1.56. ONE PROPOSAL - Only one (I) Response from an individual, firm, partnership, corporation or joint venture will be considered in response to this Formal Solicitation. Page 19 of 37 Intiitation for Bid (IFB) 7023$2,4 1.57. OWNERSHIP OF DOCUMENTS - It is understood by and between the parties that any documents, records, files. or any other matter whatsoever which is riven by the City to the successfid Bidder; Proposer pursuant to this formal solicitation shall at all times remain the property of the City and shall not be used by the Bidder'Proposer for any other purposes whatsoever without the written consent of the City. 1.58. PARTIAL INN'ALIDITY- If any provision of this Contract or the application thereof to any person or circumstance shall to any extent be held invalid, then the remainder of this Contract or the application of such provision to persons or circumstances other than those as to which it is held invalid shall not be affected thereby. and each provision of this Contract shall be valid and enforced to the fullest extent pemutted by law. 1.59. PERFORyIANCE/PAY TIENT BOND —A Contractor may be required to furnish a Performance Payment Bond as part of the requirements of this Contract. in an amount equal to one hundred percent (1001/'0) of the contract price. 1.60. PREPARATION OF RESPONSES (HARDCOPY' FORMAT) —Bidders/Proposers are expected to examine the specifications, required delivery. drawings, and all special and general conditions, All bidrproposed amounts, if required, shall be either typewritten or entered into the space provided with ink. Failure to do so will be at the Bidder's/Proposer's risk. A. Each Bidder Proposer shall furnish the information required in the Formal Solicitation. The Bidder,Proposer shall sign the Response and print in ink or type the name of the Bidder Proposer, address, and telephone number on the face page and on each continuation sheet thereof on which lie she makes an entry, as required. B. If so required, the unit price for each unit offered shall be shown, and such price shall include packaging, handling and shipping. and F.O.B. iMiami delivery inside City premises unless otherwise specified. Bidder'Proposer shall include in the response all taxes. insurance, social security, workmen's compensation, and any other benefits normally paid by the Bidder'Proposer to its employees. If applicable, a unit price shall be entered in the "Unit Price" column for each item. Based upon estimated quantity, an extended price shall be entered in the "Extended Price" column for each item offered. In case of a discrepancy between the unit price and extended price, the unit price will be presumed correct. C. The Bidderrproposer must state a definite time, if required, in calendar days for delivery of goods and;'or services. D. The Bidder/Proposer should retain a copy of all response documents for future reference. E. All responses, as described, must be fully completed and typed or printed in ink and must be signed in ink with the firm's name and by an officer or employee having authority to bind the company or firm by his/her signature. Bids. Proposals having any erasures or corrections must be initialed in ink by person signing the response or the response may be rejected. F. Responses are to remain valid for at least 130 days. Upon award of a contract, the content of the Successful Bidder's/Proposer's response may be included as part of the contract, at the City's discretion. G. The City of Miami's Response Forms shall be used when Bidder`Proposcr is submitting its response in hardcopy format. Use of any other forms will result in the rejection of the response. IF SUBMITTING HARDCOPY FORMAT, THE ORIGINAL AND THREE (3) COPIES OF THESE SETS OF FORMS, UNLESS OTHERWISE SPECIFIED, AND ANY REQUIRED ATTACHMENTS MUST BE RETURNED TO THE CITY OR YOUR RESPONSE MAY BE DEEMED NON-RESPONSIVE. 1.61. PRICE ADJUSTMENTS — Any price decrease effectuated during the contract period either by reason of Page 20 of 37 Invitation for Bid (IFB) 702332,4 market chance or on the part of the contractor to other customers shall be passed on to the City of Nliami 1.62. PRODUCT SUBSTITUTES - In the event a particular awarded and approved manufacturer's product becomes unavailable durinti the term of the Contract, the Contractor awarded that item may arrange with the City's authorized representative(s) to supply a substinite product at the awarded price or lower, provided that a sample is approved in advance of delivery and that the new product meets or exceeds all quality requirements. 1.63. CONFLICT OF INTEREST, AND UNETHICAL BUSINESS PRACTICE PROHIBITIONS - Contractor represents and warrants to the Citv that it has not employed or retained any person or company employed by the City to solicit or secure this Contract and that it has not offered to pay, paid, or agreed to pay any person any fee. commission, percentage. brokerage fee, or gift of any kind contingent upon or in connection with, the award of this Contract. 1.64. PROMPT PA1'tNIENT—Bidders/Proposers may offer a cash discount for prompt payment. however, discounts shall not be considered in determinlm� the lowest net cost for response evaluation purposes. Bidders'Proposers are required to provide their prompt payment terms in the space provided on the Formal Solicitation. If no prompt payment discount is being offered, the Bidder Proposer must enter zero (0) for the percentage discount to indicate no discount. If the Bidder Proposer fails to enter a percentage, it is understood and agreed that the terms shall be 2'?'0 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 wiI] 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 damaYe, 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 di5eotmt, 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 successfiiI biddersiproposers during the terra of the contract. 1.65. PROPERTY- Property owned by the City of Miami is the responsibility of the City of Miami. Such property fiurnished to a Contractor for repair, modification, study, etc., shall remain the property of the City of Miami. Damages to such property occurring while in the possession of the Contractor shall be the responsibility of the Contractor. Damages occurring to such property while in route to the City of Miami shall be the responsibility of the Contractor. In the event that such property is destroyed or declared a total loss, the Contractor shall be responsible for replacement value of the property at the current market value, less depreciation of the property, if any. 1.66. PROVISIONS BINDING - Except as otherwise expressly provided in the resulting Contract, all covenants, conditions and provisions of the resulting Contract shall be binding upon and shall inure to the benefit of the parties hereto and their respective heirs, legal representatives, successors and assigns. 1.67. PUBLIC ENTITY CRINIES - A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a response on a contract to provide any goods or services to a public entity, may not submit a response on a contract with a public entity for the construction or repair of a public building or public work, may not submit responses on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 237.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. Page 21 of 37 Invitation for Bid (IFS) 702382,4 1,68. PUBLIC RECORDS - Contractor understands that the public shall have access, at all reasonable times, to all documents and information pertaining to City contracts, subject to the provisions of Chapter 119, Florida Statutes, and City of Miami Code, Section 18, Article III, and agrees to allow access by the City and the public to all documents subject to disclosure under applicable law. Contractor shall additionally comply with the provisions of Section 1 19.0701, Florida Statutes. entitled "Contracts; public records". Contractor's failure or refusal to comply with the provision of this section shall result in the immediate cancellation of this Contract by the City. 1.69. QUALITY OF GOODS, MATERIALS, SUPPLIES, PRODUCTS, AND EQUIPMENT - All materials used in the manufacturing or construction of supplies, materials, or equipment covered by this solicitation shall be new. The items bidiproposed must be of the latest make or model, of the best quality, and of the highest grade of workmanship, unless as otherwise specified in this Solicitation. 1.70. QUALITY OF N ORK/SERVICES - The work'ser•ices performed must be of the highest quality and workmanship. tlaterials furnished to complete the service shall be new and of the highest quality except as otherwise specified in this Solicitation. 1.71. REMEDIES PRIOR TO AWARD (Sec. 18-106) - If prior to Contract award it is determined that a formal solicitation or proposed award is in violation of law, then dee solicitation or proposed award shall be cancelled by the City Commission, the City Manager or the Chief Procurement Officer, as may be applicable, or revised to comply with the law. 1.72, RESOLUTION OF CONTRACT DISPUTES (Sec. 18-105) (a) Authority to resolve Contract disputes. The City Manager, after obtaining the approval of the city attorney, shall have the authority to resolve controversies between the Contractual Party and the city which arise under, or by virtue of, a Contract between them; provided that, in cases involving an amount greater than 526,000, the City Commission must approve the City Manager's decision. Such authority extends, without limitation, to controversies based upon breach of Contract, mistake, misrepresentation or lack of complete performance, and shall be invoked by a Contractual Party by submission of a protest to the City Manager. (b) Contract dispute decisions. If a dispute is not resolved by mutual consent, the City Manager shall promptly render a written report stating the reasons for the action taken by the City Commission or the City Manager which shall be final and conclusive. A copy of the decision shall be immediately provided to the protesting patty, along with a notice of such patty's right to seek judicial relief, provided that the protesting party shall not be entitled to such judicial relief without first hawing followed the procedure set forth in this section. 1.73. RESOLUTION OF PROTESTED SOLICITATIONS AND AWARDS (See. 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 525,000. Protests thereon shall be governed by the Administrative Policies and Procedures of Purchasing. 1,Protest of Solicitation. i. Any prospective proposer who perceives itself aggrieved in connection with the solicitation of a Contract may protest to the Chief Procurement Officer. A written notice of intent to file a protest shall be filed with the Chief Procurement Officer within three days after the Request for Proposals, Request for Qualifications or Request for Letters of Interest is published in a newspaper of general circulation. A notice of intent to file a protest is considered filed when received by the Chief Procurement Officer; or Page 22 of 37 Invitation for Bid (IFB) 702332.4 fl. Any prospective bidder who intends to contest the Solicitation Specifications or a solicitation may protest to the Chief Procurement Officer. A written notice of intent to File a protest shall be tiled with the Chief Procurement Officer within three days after the solicitation is published in a newspaper of general circulation. A notice of intent to file a protest is considered filed when received by the Chief Procurement Officer. 2. Protest of Award. L A written notice of intent to file a protest shall be filed with the Chief Procurement Officer within two days after receipt by the proposer of the notice of the City Manager's recommendation for award of Contract, which will be posted on the City of i4liami Purchasing Department website, in the Supplier Confer. Current Solicitations and Notice of Recommendation of Award Section. The notice of the City Manager's recommendation can be found by selecting the details of the solicitation and is listed as Recommendation of Avvard Posting Date and Recommendation of Award To fields. If "various" is indicated in the Recommendation of Award To field, the Bidder/Proposer must contact the buyer for that solicitation to obtain the suppliers name. It shall be the responsibility of the Bidder'Proposer to check this section of the website daily after responses are submitted to receive the notice; or ii. Any actuat 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 protea 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 responsi%eness 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. Hi. A written protest based on any of the foregoing must be subrifitted to the Chief Procurement Officer within five (5) days after the date the notice of protest was filed. A written protest is considered filed when received by the Chief Procurement Officer. The written protest may not challenge the relative weight of the ee aluation criteria or the formula for assigning points in malting 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 tine 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 tlfe computation of the time for filing. (b) Authority to resolve protests. The Chief Procurement Officer shall have the authority, subject to the approval of the City Manager and the city attorney, to settle and resolve any written protest_ The Chief Procurement Officer shall obtain the requisite approvals and communicate said decision to the protesting party and shall submit said decision to the City Commission within 30 days after he'she receives the protest. In cases involving more than 525,000, the decision of the Chief Procurement Officer shall be submitted for approval or disapproval thereof to the City Commission after a favorable recommendation by the city attorney and the City Manager. (c) Compliance with filing requirements. Failure of a party to timely file either the notice of intent to file a protest or Page 23 of 37 Invitation for Bid (IFB) 702333,4 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 ofsuch party's right to file a protest pursuant to this section. The protesting party shall not be entitled to seek judicial relief without first hay int follow'0d the procedure set forth in this section (d) Stay of Procurements during protests. Upon receipt of a written protest filed pursuant to the requirements of this section, the city shall not proceed further with the solicitation or with the award of the Contract until the protest is resolved by the Chief Procurement Officer or the City Commission as provided in subsection (b) above, unless the City 'Manager makes a written determination that the solicitation process or the Contract award must be continued without delay in order to avoid an immediate and serious danger to the public health, safety or welfare. (e) Costs. All costs accruing from a protest shall be assumed by the protestor. (f) Filing Fee. The written protest must be accompanied by a filing fee in the form of a money order or cashier's check payable to the city in an amount equal to one percent of the amount of (lie Bid or proposed Contract, or S5000.00, whichever is less, which filing fee shall guarantee the payment of all costs which may be adjudged against the protestor in any administrative or court proceeding. If a protest is upheld by the Chief Procurement Officer and'or the City Commission, as applicable, the filing fee shall be refunded to the protestor less any costs assessed under subsection (e) above. If the protest is denied, the filing fee shall be forfeited to the city in lieu of payment of costs for the administrative proceedings as prescribed by subsection (e) above. 1.74. SAMPLES - Samples of items, when required, must be submitted within the time specified at no expense to the City. If not destroyed by testing, bidder(s)/proposer(s) will be notified to remove samples, at their expense, within 30 days after notification. Failure to remove the samples wiIl result in the samples becoming the property of the City. 1.75, SELLING, TRANSFERRING OR ASSIGNING RESPONSIBILITIES - Contractor shall not sell, assign, transfer or subcontract at any time during the term of rhe Contract, or any pan of its operations, or assign any portion of the performance required by this contract, except under and by virtue of written permission granted by the City through the proper officials. which may be withheld or conditioned, in the City's sole discretion. 1.76. SERVICE AND V%ARRANTY—When specified, the bidderproposer shall define all warranty, service and replacements that will be provided. Bidders/Proposer must explain on the Response to what extent warranty and service facilities are available. A copy of the manufacturer's warranty, if applicable, should be submitted with your response. 1.77, SILENCE OF SPECIFICATIONS - The apparent silence of these specifications and any supplemental specification as to any detail or the omission from it of detailed description concerning any point shall be regarded as meaning that only the best commercial practices are to prevail and that only materials of first quality and correct type, size and design are to be used, All workmanship and services is to be first quality. All interpretations of these specifications shall be made upon the basis of this statement. If your firm has a current contract with the State of Florida, Department of General Services, to supply the items on this solicitation, the bidderlproposer shall quote not more than the contract price; failure to comply with this request will result in disqualification of bid`proposal. 1.78. SUBMISSION AND RECEIPT OF RESPONSES - Responses shall be submitted electronically via the Oracle System or responses maybe submitted in hardcopy format to the City Clerk. City Hall, 3500 Pan American Drive, Miami.. Florida 33133-5504, at or before, the specified closing date and time as designated in the IFB, RFP, RFQ, or RFLI. NO EXCEPTIONS. Bidders/Proposers are welcome to attend the solicitation closing; however, no Page 24 of 37 Incitation for Bid (IFB) 7012382,4 award will be made at that time. A. Hardcopy responses shall be enclosed in a sealed envelope, box package. The face of the envelope, box or package must shote the hour and date specified for receipt of responses, the solicitation number and title, and the name and return address of the Bidder/Proposer. Hardcopy responses not submitted on the requisite Response Forms may be rejected. Hardcopy responses received at any other location than the specified shall be deemed non-responsive. Directions to City Hall: FROM THE NORTI1: I-95 SOUTII UNTIL IT TURNS INTO USI. US I SOUTH TO 27TH AVE., TURN LEFT, PROCEED SOUTH TO SO. BAYSI[ORE DR. (3RD TRAFFIC LIGI IT), TURN LEFT., I BLOCK TURN RIG[ IT ON PAN AMERICAN DR CITY HALL IS AT THE END OF PAN AMERICAN DR. PARKING IS ON RIG] IT. FROM THE SOUTH: US l NORTH TO 27TH AVENUE, TURN RIGHT, PROCEED SOUTH TO SO. BAYSHORE DR. (3RD TRAFFIC LIGHT). TURN LEFT, l BLOCK TURN RIGHT ON PAN AMERICAN DR. CITY I[.ALL IS AT THE END OF PAN AMERICAN DR. PARKING IS ON RIGHT. B. Facsimile responses will not be considered. C. Failure to follow• these procedures is cause for rejection of bid/proposal. D. The responsibility for obtaining and submitting a response on or before the close date is solely and strictly the responsibility of Bidder'Proposer. The City of Miami is not responsible for delays caused by the United States mail delivery or caused by any other occurrence. Responses received after the solicitation closing date and time will be returned unopened, and will not be considered for award. E. Late responses will be rejected. F. All responses are subject to the conditions specified herein. Those which do not comply with these conditions are subject to rejection. G. Nlodificatioa of responses already submitted will be considered only if received at the City before the time and date set for closing of solicitation responses. All modifications must be submitted via the Oracle System or in writing. Once a solicitation closes (closed date and!or time expires), the City will not consider any subsequent submission which alters the responses. H. If hardcopy responses are submitted at the same time for different solicitations, each response must be placed in a separate envelope, box, or package and each envelope, box or package must contain the information preciously stated in 1.82.A. 1.79. TAXES - The City of Miami is exempt from any taxes imposed by the State andior Federal Government. Exemption certificates will be provided upon request. Notwithstanding, Bidders/Proposers should be aware of the fact that all materials and supplies which are purchased by the Bidder/Proposer for the completion of the contract is subject to the Florida State Sales Tax in accordance with Section 212.03, Florida Statutes, as amended and all amendments thereto and shall be paid solely by the Bidder/Proposer. 1.80. TERMINATION —The City 4fanager on behalf of the City of Miami reserves the right to terminate this contract by written notice to the contractor effective the date specified in the notice should any of the following apply: A. The contractor is determined by the City to be in breach of any of the terms and conditions of the contract. B. The City has determined that such termination will be in the best interest of the City to terminate the contract for Page 25 of 37 Invitation for Bid 01713? 742382,4 its own Convenience; C. Fonds are not available to cover the cost of the goods and/or services. The City's obligation is contingent upon the availability of appropriate fluids. 1.81. TER -NIS OF PAYMENT - Payment will be made by the City after the goods and,'or services awarded to a Bidder Proposer have been received, inspected. and found to comply with award specifications, free ofdamage or defect, and properly invoiced. No advance payments of any kind will be made by the City of Miami. Payment shall be made after delivery, within 45 days of receipt of an invoice and authorized inspection and acceptance of the goods.'ser ices and pursuant to Section 218.74, Florida Statutes and other applicable law. 1.82. TIMELY DELIVERY - Time will be of the essence for any orders placed as a result of this solicitation. The City reserves the right to cancel such orders, or any part thereof, without obligation, if delivery is not made within the tinle(s) specified on their Response. Deliveries are to be made durim, regular City business hours unless otherwise specified in the Special Conditions. 1.83. TITLE - Title to the goods or equipment shall not pass to the City until after the City has accepted the goods/equipment or used the goods, whichever comes first. 1.84.TRADE SECRETS EXECUTION TO PUBLIC RECORDS DISCLOSURE- All Responses submitted to the City are subject to public disclosure pursuant to Chapter 119, Florida Statutes. An exception may be made for "trade secrets." If the Response contains information that constitutes a "trade secret", all material that qualities for exemption from Chapter 119 roust be submitted in a separate envelope, clearly identified as "TRADE SECRETS EXCEPTION," with your firm's name and the Solicitation number and title marked on the outside. Please be aware that the designation of an item as a trade secret by you may be challenged in court by any person. By your designation of material in your Response as a "trade secret" you agree to indemnify and hold harmless the Citv_ for any award to a plaintiff for damages, costs or attorney's fees and for costs and attorney's fees incurred by the City by reason of any legal action challenging your claim. 1.85. UNAUTHORIZED WORK OR DELIVERY OF GOODS- Neither the qualified Bidder(s)/Proposer(s) nor any of his; her employees shall perform any work or deliver any goods unless a change order or purchase order is issued and received by the Contractor. The qualified Bidder(s)/Proposer(s) shall not be paid for any work performed or goods delivered outside the scope of the contract or any work performed by an employee not otherwise previously authorized. 1.86. USE OF NAME - The City is not engaged in research for advertising, sales promotion, or other publicity purposes. No advertising, sales promotion or other publicity materials containing information obtained from this Solicitation are to be mentioned, or imply the name of the City, without prior express written permission of the City klanatwer or the City Commission. 1.87. VARIATIONS OF SPECIFICATIONS - For purposes ofsolicitation evaluation, bidders/proposers must indicate any variances from the solicitation specifications and/or conditions, no matter how slight. If variations are not stated on their Response, it will be assumed that the product frilly complies with the City's specifications. Page 26 of 37 Invitation for Bid (IFB) 702352,4 2. Special Conditions 2.E. PURPOSE The purpose of this Solicitation is to establish a contract, for ivlunicipal Towing Software, 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 None 2.3. BIDDERS ENENIU-M QUALIFICATIONS Bids will be considered only from firths that are regularly engaged in the business of providing services as described in this Bid; that have a record of performance for five (5) years; and that have sufficient financial support, equipment and organization to insure that they can satisfactorily provide the goods andW services if awarded a Contract under the terms and conditions herein stated. The Bidder shall: A. Have been in the business of providing municipal towing software for not less than five (3) years. B. Provide a minimum of three (3) Client References that are either other municipalities or firms that work for municipalities providing Municipal Towing Software or managment, similar in size and complexity to the City of Miami. If the latter is provided, the contact information for the municipality shall be pro%ided. the City reserves the richt to verify these client references as part of the evaluation, and shall use the same as a disqualifier concerning the work to be performed under this IFB, should the Client References reveal poor performance. C. Not have any member. officer, or stockholder that is in arrears or in default of any debt or contract involving the City, is a defat&r surety otherwise, upon any obligation to the City, and;'or has failed to perform faithfully on any previous contract with the City. D. Have no record of pending lawsuits or criminal activities, and have never been declared bankrupt within the last three (3) years. 2.4. SPECIFICATION EXCEPTIONS Specifications are based on the most current literature available. Biddershall notify the City of t''vliami Procurement Department, in writing, no less than ten (10) days prior to solicitation closing date of any change in the manufacturers' specifications which conflict with the specifications. For hard copy bid submittals, Bidders shall explain any deviation from the specifications in Gsriting as a footnote on the applicable specification page and enclose a copy of the manufacturer's specifications data detailing the changed item(s) with his/her submission. For electronic bid submittals, Bidders shall explain in the Header Section or by an Attachment and, if applicable, enclose a scanned copy of the manufacturer's specifications data detailing the changed item(s) with his/her submission. Additionally, Bidders shall indicate whether the information requires the addition of other options, as well as those Page 27 of 37 Invitation for Bid (IFB) 702382.4 which are included as a part of another option. Failure of Bidders to comply with these provisions will result in Bidders being held responsible for all costs required to bring the item(s) in compliance with contract specifications. 2.. DEADLINE FOR RECEIPT OF REQUEST FOR ADDITIONAL INFO RNIATION/CLARIFICAT ION Any questions or clarifications concerning this solicitation shall be submitted by email or facsimile to the Procurement Department, Attn: Eduardo Falcon; fax: (305) 400-5390 or email: efalconCmiamigov.com, and a copy filed with the Office of the City Clerk, pursuant to Section 1,20. Cone of Silence. The solicitation title and number shall be referenced on all correspondence. All questions must be received no later than Friday, September 1, 2017 at 2:00 PNI. All responses to questions will be sent to all prospective bidders/proposers in the form of an addendum. NO QUESTIONS WILL BE RECEIVED VERBALLY OR AFTER SAID DEADLINE. 2.6. TERM OF CONTRACT The Contract shall commence upon the date of notice of award and shall be effective for five (5) years with the option to renew for one (l) additional five (5) year period, subject to the availability of hinds for succeeding fiscal years. Continuation of the contract beyond the initial period is a City prerogative; not a right of the Bidder. This prerogative will be exercised only when such continuation is clearly in the best interest of the City. 2.7. CONDITIONS FOR RENEWAL Each renewal of this contract is subject to the following: (l) Continued satisfactory performance compliance vvith the specifications, teems and conditions established herein. (2) Availability of fonds 2.8. METHOD OF AWARD Award of this contract will be made to the lowest responsive and responsible Bidder meeting the Specifications, in the aggregate. Bidders must bid on all items. v 2.9. TIE SIDS 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 dnig-free workplace program shall be given preference in the award process. Established procedures foe 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. pace 28 of 37 Invitation for Bid (IFB) 702382,4 (2) Inform employees about the dangers of drug abuse in the workplace, the business' policy of maintaining a dri�z-free workplace, any available drt` 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 rive (5) days after such conviction. (5) Impose a sanction on. or require the satisfactoy participation in a drug abuse assistance or rehabilitation program, if such is available in the employee's community, by any employee who is so convicted. (6) Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. 2,10. 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(s)/Proposer(s) 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). 2.11. FAILURE TO PERFORM Should it not be possible to reach the Successful Bidder or supervisor andlor should remedial action not be taken within 48 hours of any failure to perform according to specifications, the City reserves the right to declare that Successful Bidder in default of the contract or make appropriate reductions in the contract payment. 2,12. LIQUIDA'T'ED DAMAGES Upon failure to perform, as stated in Section 2.11, or to complete the project in accordance with the specifications and to the satisfaction of the City within the time stated, the Successfitl Bidder shalt be subject to an assessment of liquidated damages in the amount of S500.00 for each and every calendar day the work remains incomplete (not to exceed the total amount of the contract), as compensation due to the City for loss of use and for additional costs incurred by the City due to such noncompletion of the work. The City shall have the right to deduct said hquidated damages from any amount due or that may become due to the Successful Bidder tinder this agreement or to invoice the Sueeessfid Bidder for such dama-es if the costs incurred exceed the amount due to the Successfitl Bidder. 2.13. INSURANCE REQUIREiMENTS INDEMNIFICATION Successful Bidder shall, indemnify, hold! save harniless and defend at its own costs and expense, the City and its Page 29 of 37 Invitation for Bid (IFB) 702382.4 officials, from and against any and all claims. liabilities. losses, and causes of action, which may arise out of SticeeS5fill Bidder's performance tinder the provisions of the contract. including all acts or omissions to act on the part of Successfitl Bidder, including any person performing under this Contract for or on SUCCeSSful Bidder's behalf, provided that any such claims, liabilities, losses and causes of such action are not attributable to the negligence or misconduct of the City and, from and against any orders, judgments or decrees which may be entered and which may result from this Contract, unless attributable to the negligence or misconduct of the City, and from and against all costs, attorney's fees, expenses and liabilities incurred in the defense of any such claim, or the investigation thereof. The Successfitl Bidder shall furnish to the City of Miami, c/o Procurement Department, 444 SW 2nd Avenue, 6th Floor, Miami. Florida 33130: Certificate(s) of Insurance which indicates that insurance coverage has been obtained which meets the requirements outlined below: y Commercial General Liability A. Limits of Liability Bodily Injury and Property Damage Liability Each Occurrence 52,000,000 General AagreQate Limit 54,000,000 Products/Completed Operations 52,000,000 B. Endorsements Required City of Miami included as an additional insured Contingent and Contractual Liability Explosion, Collapse and Underground Ilazard Primary Insurance Clause Business Automobile Liabilitv A. Limits of Liability Bodily Injury and Property Damage Liability Combined Single Limit Any Auto Includin- Hired. Borrowed or Non -Owned Autos Any One Accident 52.000,000 B. Endorsements Required City of Miami included as an additional insured Ill. Worker's Compensation Limits of Liability Statutory -State of Florida Waiver of Subrogation 14'. Employer's Liability Pa fFe 30 of 37 Invitation for Bid (IFB) 702332.4 A. Limits of Liability S 1,000,000 for bodily injury caused by an accident, each accident, 51,000,000 for bodily injury caused by disease, each employee 51,000,000 for bodily injury caused by disease, policy limit V. Professional Liability Combined Single Limit Each Claim: 51,000,000 General Aggregate Limit: 51,000,000 Retro Date Included BINDERS ARE UNACCEPTABLE. The insurance coveragge required shall include those classifications, as listed in standard liability insurance manuals, which most nearly reflect the operations of the Successful Bidder. All insurance policies required above shall be issued by companies authorized to do business under the laws of the State of Florida, with the following qualifications: The Company must be rated no less than "A" as to management, and no less than "Class N'" 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 NUNTBER AND/OR TITLE OF BID MUST APPEAR ON EACH CERTIFICATE. Compliance with the foregoin.c requirements shall not relieve the Successful Bidder of his liability and obligation tinder this section or under any other section of this Agreement. The above policies shall provide the City of Miami with written notice of cancellation or material change from the insurer in accordance to policy provisions. --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 (1.0) calendar days in advance of such expiration. --In the event that expired certificates are not replaced with new or renewed certificates which cover the contractual period, the City shall: (4) Suspend the contract until such time as the new or renewed certificates are received by the City in the manner prescribed in the IFB. (5) The City may, at its sole discretion, terminate this contract for cause and seek re -procurement damages from the Successful Bidder in conjunction with the General and Special Terms and Conditions of the Bid. The Successful Bidder shall be responsible for assuring that the insurance certificates required in conjunction with this Section remain in force for the duration of the contractual period; including any and all option terms that may be granted to the Successful Bidder. 2.14. PROJECT MANAGER Page 31 of 37 Invitation for Bid (IFB) 702382.4 Upon award, Successful Bidder shall report and work directly with Sergeant Mario Dell Amico or designee, THE city's Project Manager. 2.1-5. ADDITION/DELETION OF SUPPLIERSISOFTNVARE ENHANCEMENTS Although this solicitation identifies specific services, it is hereby agreed and understood that any suppliers/software enhancements may be added to, and any aNvarded suppliers/software enhancements may be addedideleted from this contract at the option of the City. When an addition to the contract is required, tite SUCCeSsfill Bidder(s) under this contract and other suppliers, as deemed necessary, shall be invited to submit price quotes for these new software enhancements. If this quote is comparable with market prices offered for similar services, the supplier(s) and software enhancements shall be added to the contract, if it is in the best interest of the City and an addendum and a separate purchase order or chane order shall be issued by the City. 2.16. PRIMARY CLIENT (FIRST PRIORITY) The Successful Bidder(s) agree upon award of this contract that the City of Miami shall be its primary client and shall be serviced first during a schedule conflict arising between this contract and any other contract Successful Bidder(s) may have with any other cities and. or counties to perforin similar services as a result of any catastrophic events such as tornadoes, hurricanes, severe storms or any other public emergency impacting various areas during or approximately the same time. 2.17. PROPRIETARY RIGHTS a) The Successful Bidder hereby acknov ledges and agrees that the City retains all rights, title and interests in and to all materials, data. documentation and copies thereof famished by the City to the SLtCCeSSfnl Bidder hereunder or furnished by the Successful Bidder to the City and. or created by the Successful Bidder for delivery to the City, even if unfinished or in process, as a result of the Services the Successfitl Bidder performs in connection with this Agreement, including all copyright and otter proprietary rights therein, which the Successful Bidder as well as its employees, agents, subcontractors and suppliers may use only in connection with the performance of Services under this Agreement_ The Successful Bidder shall not, without the prior written consent of the City, use such documentation on any other project in which the Successful Bidder or its employees, agents, subcontractors or suppliers are or may become engaged. Submission or distribution by the Successfitl Bidder to mcet official regulatory requirements or for other purposes in connection with the performance of Services under this Agreement shall not be construed as publication in derogation of the City's copyrights or other proprietary rights. b) All rights, title and interest in and to certain inventions, ideas, designs and methods, specifications and other documentation related thereto developed by the Successful Bidder and its subcontractors specifically for the City, hereinafter referred to as "Developed Works" shall become the property of the City. c) Accordingly, neither the Successful Bidder nor its employees, agents, subcontractors or suppliers shall have any proprietary interest in such Developed Works. The Developed Works may not be utilized, reproduced or distributed by or on behalf of the Successfitl Bidder, or any employee,agent, subcontractors or supplier thereof, without the prior written consent of the City, except as required for the Successful Bidder's performance hereunder. Page 32 of 37 Imitation for Bid (IFB) 702353,4 d) Except as otherwise provided in subsections a. b, and c above, or elsewhere herein, the Successful Bidder and its subcontractors and suppliers hereunder shall retain all proprietary rights in and to all Licensed Sofhvare provided hereunder, that have not been customized to satisfy the performance criteria set forth in the Scope of Services, Notwithstanding the foregoing, the Successful Bidder hereby grants, and shall require that its subcontractor and suppliers grant, if the City so desires. a perpetual, irrevocable and unrestricted right and license to use, duplicate, disclose and'or permit any other person(s) or entity(ies) to use all such Licensed Software and the associated specifications, technical data and other Documentation for the operations of the City or entities controlling, controlled by, under common control with, or affiliated with the City, or organizations which may hereafter be formed by or become affiliated with the City. Such license specifically includes, but is not limited to, the right of the City to use and/or disclose. in whole or in part, the technical documentation and Licensed Software, including source code provided hereunder, to any person or entity outside the City for such person's or entity's use in furnishing any and or all of the Deliverables provided hereunder exclusively for the City or entities controlling. controlled by, under common control with, or affiliated with the City, or organizations which may hereafter be formed by or become affiliated with the City. No such License Software, specifications, data, documentation or related information shall be deenied to have been given in confidence and any statement or legend to the contrary shall be void and of no effect. 2.18. TERMINATION A. FOR DEFAULT If the Successfitl Bidder defaults in its performance under this Contract and does not cure the default within 30 days atter written notice of default, the City Manager may terminate this Contract, in whole or in part, upon written notice without penalty to the City. In such event (lie Successful Bidder shall be liable for damages including the excess cost of procuring similar services: provided that if, ( I ) 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 control, fault or negligence, the termination will be deenmed to be a termination for the convenience of the City. B. FOR CONVENIENCE The City Nlana-er 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. If this Contract is for supplies, products, equipment, or software, and so terminated for the convenience by the City 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 will be liable only for payment in accordance with the payment provisions of the Contract for those services rendered prior to termination. 2.19. ADDITIONAL TERMS AND CONDITIONS No additional terms and conditions included as part of your solicitation response shall be evaluated or considered, and any and all such additional terms and conditions shall have no force or effect and are inapplicable to this solicitation. If submitted either purposely, throGt.0ll intent or design, or inadvertently, appearin-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 FSA 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 Page 33 of 37 Agreement. Invitation for Bid (IFB) 703382,4 Page 34 of 37 Invitation for Bid (IFB) 702382,4 3. Specifications 3.1, SCOPE: OF WORK The City of wliarni ("City") Department of Procurement ("Procurement") on behalf of the Police Department Towing Division ("Police") is interested in procuring towing software for municipal towing, Citywide. Police currently manages towing eity%vide, and is seeking a web based software solution ("software") that will assist them in performing this task. The software shall also allow members of the public, and towing'immobilization companies to search for vehicles that are towed within the City of Miami. Once operational, Police will manacle the software, with continuous data storage provided by the Successfu( Bidder. The Successful Bidder shall be required to provide all software licenses, integration, installation, training, maintenance, and 2417 technical support services for the proposed solution. In addition, the software shall be fully operational within ninety (90) days from notice to proceed. Software Requirements: The requested municipal towing software shall, at a minimum, have the following features; I . Shall be Software as a Service (SaaS) hosted and web enabled. All data generated from this software must be remotely stored; ?. Capability to interface with Oracle and Computer Aided Dispatch (CAD) Systems while supporting ata minimum the following web browsers l) Internet Explorer, 2) Mozilla, 3) Chrome, and 4) Safari; 3. Web based (turnkey solution), no application should have to be downloaded for software to function; 4. Accessibility on smartphones, tablets, desktop, personal computers, and laptops; 5. Availability to add or delete towing companies/immobilization companies at the City's request; 6. Allow members of the public to search for vehicles at no cost, and without having to sign -in, create an account, or enter a password; 7. Allow towing,/immobilization companies access to software at no cost; 3. Provide public access to search for vehicle(s) using any of the following criteria, 1) License Plate, 2) Make of car, 3) Model of car, 4) Color. 5) Tow Date(s), 6) Vehicle Identification Number (VIN), and 7) General Location of Vehicle (Police will determine which searchable fields shall be included); 9. Accessibility to view the following data after vehicle(s) have been located using the software: 1) Directions and contact infonitation to facility where vehicle (s) is being stored, 2) Total cost to release vehicle, 3) Price validity period, 4) Last six (6) digits of the VIN, 5) Make of car, 6) Model of car, and 7) Color of car; Page 35 of 37 Invitation for Bid (I FB) 703382,=1 10. Ability for Police to add internal notes to records, edit, or modify data in previously entered records, while having a mechanism to manage security through clearly defined roles; 11. Allow Police to set pennissions, grant administrative rights, or other controls for internal use as well as, external use by towing companies/public; 12. Provide ability to import driver license information and license ta- information from Florida Crime Information Center (ECIC), National Crime Information Center (NCIC), Driver and Vehicle Information Database (DAVID), and Electronic License and Vehicle Information System (ELVIS) to avoid having to enter information manfully that is in one of these databases; y 13. Have a mechanism that prompts tow trick driver to take a picture of all four (4) sides of a vehicle before it can be transported. in addition to entering all required data fields as mandated by Police; 14. Ability to restrict towing companies/drivers from entering, modifying set prices, or certain data; 15. Provide companies/drivers access to enter data on the Private Property Tow- Form (Attachment B). Once submitted, no information may be changed, unless request is submitted to Police for update, 16_ Provide for a mechanism to transfer all data Qencrated from this so#hvare back to the City in the file type(s) of City's ehoosin`?, at no additional cost, if so requested by the City; 17. Additional requirements may be added as deemed necessary to complete the project. Successful Bidder Responsibilities: 1. Configure software to the specifications as requested by Police. This will entail configuring required fields for population, and search criteria for Police Directed Tows (Attachment A), and b) for Private Property Tows (Attachment B); 2. Provide functionality updates/upgrades as well as yearly vehicle database updates. 3. Provide each towing immobilization company with a two (2) di -it Identification Number (ID) and each driver a four (4) digit ID; 4. Provide Private Property towing companies/drivers with a unique auto generated number that meets the following criteria, 1) first two numbers will indicate the calendar year (e.g., 17, 18, 19); 2) second set of numbers will be the two (2) digit Identification Number assi?ned to the towing company, and 3) the last five or six digits will be an auto generated number; Page 36 of 37 Invitation far Bid (IFB) 703382,4 5. Provide initial onsite training for Police, and towing companies: 6. Store all data generated from this software in a secure platform of their choosing, must be mirrored in at least one remote location: Note: Bidders shall provide pricing in the Line area of the Imitation for Bid. These prices shall cover the cost for the required software. and services, as no additional costs will be allowed. Pa -e 37 of 37