Certification of Contract Delivery of Specialty Vehicles with Contender Boats, Inc. CaC
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I 2022
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Contract no.22-397-02
CITY OF MIAMI BEACH
CERTIFICATION OF CONTRACT
TITLE: ITS-2022-397-DF-PURCHASE & DELIVERY OF SPECIALTY
VEHICLES
CONTRACT NO.: 22-397-02
EFFECTIVE DATE(S): This Contract shall remain in effect for two (2)years from date of
Contract execution by the City Manager and City Clerk.
OPTIONS TO RENEW: The City, through its City Manager, will have the option to extend for
an additional three(3), one (1)year period. Renewal of the contract is
a City of Miami Beach prerogative, not a right of the Contractor. The
option wilt be exercised only when it is in the best interest of the City
of Miami Beach.
If the contract is held over beyond the term herein provided, it shall
only be from a month-to-month basis and shall not constitute an
implied renewal of the contract. Said month-to-month extension shall
be upon the same terms of the contract and at the compensation and
payment provided herein,
CONTRACTOR(S): -CONTENDER BOATS,INC.
Mick Collins, 1820 SE 381" Avenue, Homestead, FL 33035, 942-400-
8485,
or mcassociates123( omail.com
A. AUTHORITY - Upon affirmative action taken by the Mayor and City Commission of the
City of Miami Beach, Florida, on November 16, 2022, for approval to award a contract,
upon execution between the City of Miami Beach, Florida,and Contractor.
B. EFFECT - This Contract is entered into to provide for the Purchase and Delivery of
Specialty Vehicles pursuant to Invitation to Bid No. 2022-397-DF. By virtue of executing
this Agreement, Contractor agrees to be bound by and in compliance with the Terms.and
Conditions for Formal Solicitations -Terms & Conditions — Goods & Services, which may
be found at the following link: Formal-Solicitations-Terms-Conditions-Goods-and-
Services-General-7.7.2022.pdf(miamibeachfl.gov) and made a part hereof.
Without limiting the foregoing, the Contract Documents expressly include this Contract,
Composite Attachment A (the City's Commission Award Memorandum), Attachment B
(Plans and Specifications, Formal Solicitations-Terms & Conditions—Goods &Services,
Invitation to Bid No. ITB-2022-397-DF-Purchase and Delivery of Specialty Vehicles
and all Addenda thereto), Attachment C (Sunbiz Entity Detail and Contractor's Response
to the ITB.) Provided, however, that in the event of an express conflict between the
Proposal Documents and this Agreement, the following order of precedent shall prevail:
this Contract;the ITB and the Proposal.
C. PURPOSE -To provide various specialty vehicles for various departments on an "as-
needed" basis in accordance with the prescribed specifications and requirements in
Appendix A of the ITB. Pricing shall be in accordance with Exhibit A Cost Proposal
attached hereto. For the list of awarded line items, see Exhibit B attached hereto.
D. MANAGING DEPARTMENT CONTACT - If you have any questions regarding this
communication, you may contact Valerie Velez, Contract Analyst, Procurement
Department, at ValerieVelezOmiamibeachfl.gov or 305-673-7490. Otherwise, all other
inquiries should be addressed, Allan Gonzalez, Fleet Manager at
alianaonzalez a@.miamibeachfl_ciov or 305-673-7641.
E. INSURANCE CERTIFICATES) -The vendor shall maintain the below required insurance
in effect prior to awarding the contract and for the duration of the contract. The
maintenance of proper insurance coverage is a material element of the contract and
failure to maintain or renew coverage may be treated as a material breach of the contract,
which could result in withholding of payments or termination of the contract.
• 1. Worker's Compensation Insurance for all employees of the vendor as required by
Florida Statute 440, and Employer Liability Insurance for bodily injury or disease.
Should the vendor be exempt from this Statute, the vendor and each employee
shall hold the City harmless from any injury incurred during performance of the
Contract. The exempt vendor shall also submit (i) a written statement detailing
the number of employees and that they are not required to carry Workers'
Compensation insurance and do not anticipate hiring any additional employees
during the term of this contract or(ii)a copy of a Certificate of Exemption.
2. Commercial General Liability Insurance on an occurrence basis, including
products and completed operations, property damage, bodily injury and personal
& advertising injury with limits no less than $1,000,000 per occurrence, and
$2,000,000 general aggregate.
3. Automobile Liability Insurance covering any automobile, if vendor has no owned
automobiles, then coverage for hired and non-owned automobiles, with limit no
less than $1,000,000 combined per accident for bodily injury and property
damage.
Additional Insured—City of Miami Beach must be included by endorsement as an additional
insured with respect to all liability policies (except Professional Liability and Workers'
Compensation) arising out of work or operations performed on behalf of the vendor including
materials, parts, or equipment furnished in connection with such work or operations and
• automobiles owned, leased, hired or borrowed in the form of an endorsement to the vendor's
insurance.
Notice of Cancellation — Each insurance policy required above shall provide that coverage
shall not be cancelled, except with notice to the City of Miami Beach c/o EXIGIS Insurance
Compliance Services.
Waiver of Subrogation—Vendor agrees to obtain any endorsement that may be necessary to
affect the waiver of subrogation on the coverages required. However, this provision applies
regardless of whether the City has received a waiver of subrogation endorsement from the
insurer.
Acceptability of Insurers — Insurance must be placed with insurers with a current A.M. Best
rating of A:VII or higher. If not rated, exceptions may be made for members of the Florida
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Contract.no.22-397-02
Insurance Funds (i.e. FWCIGA, FAJUA). Carriers may also be considered if they are licensed
and authorized to do insurance business in the State of Florida.
Verification of Coverage — Vendor shall furnish the City with original certificates and
amendatory endorsements, or copies of the applicable insurance language, effecting coverage
required by this contract. All certificates and endorsements are to be received and approved by
the City before work commences. However, failure to obtain the required documents prior to
the work beginning shall not waive the vendor's obligation to provide them. The City reserves
the right to require complete, certified copies of all required insurance policies, including
endorsements, required by these specifications, at any time.
CERTIFICATE HOLDER MUST READ:
CITY OF MIAMI BEACH
c!o EXIGIS Insurance Compliance Services
P.O. Box 947
Murrieta,CA 92564
Kindly supmit all certiJgatee of insurance, endorsements, exemption letters to our servicing
agent, F GIS
Certificates-miamibeachCo7.riskworks.corn
Special Risks or Circumstances—The City of Miami Beach reserves the right to modify these
requirements, including limits, based on the nature of the risk, prior experience, insurer,
coverage, or other special circumstances.
Compliance with the foregoing requirements shall not relieve the vendor of his liability and
obligation under this section or under any other section of this agreement.
F. FORCE MAJEURE
a. A "Force Majeure° event is an event that.(i) in fact causes a delay in the
performance of the Contractor or the City's obligations under the Agreement, and (ii) is
beyond the reasonable control of such party unable to perform the obligation, and (iii) is
not due to an intentional act, error, omission, or negligence of such party, and (iv) could
not have reasonably been foreseen and prepared for by such party at any time prior to
the occurrence of the event. Subject to the foregoing criteria, Force Majeure may include
events such as war, civil insurrection, riot, fires, epidemics, pandemics, terrorism,
sabotage, explosions, embargo restrictions, quarantine restrictions, transportation ;(
accidents, strikes, strong hurricanes or tornadoes, earthquakes, or other acts of God
which prevent performance. Force Majeure shall not include technological impossibility, .I
inclement weather, or failure to secure any of the required permits pursuant to the
Agreement.
b. If the City or Contractor's performance of its contractual obligations is
prevented or delayed by an event believed by to be Force Majeure, such party shall
immediately, upon learning of the occurrence of the event or of the commencement of
any such delay, but in any case within fifteen (15) business days thereof, provide notice:
(i) of the occurrence of event of Force Majeure, (ii) of the nature of the event and the
cause thereof, (iii) of the anticipated impact on the Agreement, (iv) of the anticipated
period of the delay, and (v) of what course of action such party plans to take in order to
mitigate the detrimental effects of the event. The timely delivery of the notice of the
occurrence of a Force Majeure event is a condition precedent to allowance of any relief
pursuant to this section; however, receipt of such notice shall not constitute acceptance
that the event claimed to be a Force Majeure event is in fact Force Majeure, and the
burden of proof of the occurrence of a Force Majeure event shall be on the requesting
party.
c. The City may, through its City manager, in its sole and absolute discretion,
make amendment or equitable adjustment in the contract terms and conditions and/or
pricing to address very limited unforeseen circumstances outside of the successful
Bidder's control relating to certain supply chain issues and extreme market volatility. The
City may,through its City Manager, but shall have no obligation to consider or otherwise
approve an adjustment, where pricing or availability of supply is affected by extreme or
unforeseen volatility in the marketplace satisfying, at a minimum, all of the following
criteria: 1) the volatility is due to causes wholly beyond the successful Bidder's control;
2) the volatility affects the entire marketplace or industry, not just the particular
successful Bidder's source of supply; 3) the effect on pricing or availability of supply is
substantial; and 4) the volatility so affects the successful Bidders that continued
performance of the Contract would result in an excessive or unreasonable substantial
loss or financial hardship to the Bidders, such as, for example, an event implicating
insolvency or bankruptcy.Any adjustment would require irrefutable evidence and written
approval by the Chief Procurement Officer. For the avoidance of doubt,this section does
not in any way alter or affect the allocation of risk between the City and the Bidders
pursuant to the Contract, or Bidder's assumption of all risks relating to its performance in
accordance with the Contract terms.
d. No party hereto shall be liable for its failure to carry out its obligations under
the Agreement during a period when such party is rendered unable, in whole or in part,
by Force Majeure to carry out such obligations.The suspension of any of the obligations
under this Agreement due to a Force Majeure event shall be of no greater scope and no
longer duration than is required. The party shall use its reasonable best efforts to
continue to perform its obligations hereunder to the extent such obligations are not
affected or are only partially affected by the Force Majeure event, and to correct or cure
the event or condition excusing performance and otherwise to remedy its inability to
perform to the extent its inability to perform is the direct result of the Force Majeure
event with all reasonable dispatch
e. Obligations pursuant to the Agreement that arose before the occurrence of a
Force Majeure event, causing the suspension of performance, shall not be excused as a
result of such occurrence unless such occurrence makes such performance not
reasonably possible. The obligation to pay money in a timely manner for obligations and
liabilities which matured prior to the occurrence of a Force Majeure event shall not be
subject to the Force Majeure provisions.
f. Notwithstanding any other provision to the contrary herein, in the event of a
Force Majeure occurrence, the City may, at the sole discretion of the City Manager,
suspend the City's payment obligations under the Agreement, and may take such action
without regard to the notice requirements herein.Additionally, in the event that an event
of Force Majeure delays a party's performance under the Agreement for a time period
4
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Contract.no.22-397-02
City's failure to enforce any provision of the Contract Documents shall not be deemed a
waiver of such provision or modification of this Contract. A waiver of any breach of a
provision of this Contract shall not be deemed a waiver of any subsequent breach and
shall not be construed to be a modification of the terms of this Contract.
L. SEVERANCE-In the event a portion of this Contract and/or the Contract Documents is
found by a court of competent jurisdiction to be invalid, the remaining provisions shall
continue to be effective unless City or Contractor elects to terminate this Contract. An
election to terminate this Contract based upon this provision shall be made within seven
(7)days after the finding by the court becomes final.
M. AMENDMENTS - No modification, amendment, or alteration in the terms or conditions
contained herein, or in the Contract Documents, shall be effective unless contained in a
written document prepared with the same or similar formality as this Contract and
executed by the City and Contractor.
(BALANCE OF PAGE INTENTIONALLY LEFT BALNK]
WITNESS WHEREOF, the parties hereto have caused this Agreement tb be executed
by their appropriate officials;as-cif the date first ent®red.above:
FOR CITY: CITY OF MIAMI BEACH, FLORIDA
ATTEST:
LocuSigned by:
ati, f. araan a t 4(
By: C401..
Rafael E.Granado.City Clerk Aline T.Huda ,City Manager
I
Date: 2/13/2023 1 4:16 EST
FOR CONSULTANT:
CONTENDER BOATS,INC.
By: ,A.;//1
igr !cc CO l( A/
Print Name aAd Title,.
Gmyrtwwe Scrl(, Di'tu(A{((.1'
Date: ( i/ )`)
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APPROVED AS TO
FORM&LANGUAGE
&FOR EXECUTION
fr)/Z3
, City Attorney Date
7
TO: Honorable Mayor and Members of the City Commission
FROM: Alina T. Hudak, City Manager
DATE: November 16, 2022
SUBJECT: REQUEST FOR APPROVAL TO AWARD A CONTRACT PURSUANT TO INVITATION TO BID (ITB) 2022-397-DF
FOR PURCHASE AND DELIVERY OF SPECIALTY VEHICLES.
RECOMMENDATION
It is recommended that the Mayor and City Commission approve the award of a contract pursuant to Invitation to Bid (ITB) No.
2022-397-DF for the purchase and delivery of specialty vehicles to primary and secondary vendors, as set forth in Attachment"A,"
and further authorize the City Manager and City Clerk to execute the contracts.
This solicitation is currently under the cone of silence.
BACKGROUND/HISTORY
The City of Miami Beach ("City") Fleet Division of the Fleet and Facilities Management Department sought bids from authorized
vendors to establish a contract to provide various specialty vehicles for several departments as needed for operational
requirements. Specialty vehicles are defined as all-terrain vehicles (ATVs), utility vehicles (UTVs), golf cars, personal watercraft
(PWCs), and motorboats.
Through the ITB, the Administration intends to establish discount pricing contracts, based on percentage off of manufacters'
suggested retail pricing,for the required specialty vehicles.
ANALYSIS
On September 19, 2022, the ITB was issued. Bid notices were issued to approximately 6,700 companies utilizing the City's e-
procurement system, with 43 prospective bidders accessing the solicitation. A pre-bid conference to provide information to
proposers submitting a response was held on September 29, 2022. One (1) addendum was issued. Responses were due and
received on October 13, 2022. The City received five (5) responses from the following firms: Advantage Golf Cars SEFL, LLC;
Contender Boats, Inc.; Four Mile Road LLC; Jeffrey-Allen, Inc.; and Sirocco Marine LLC.
The ITB included more than 30 brands typically utilized by the City, including:
• Kawasaki
• Polaris
• Kubota
• Yamaha
•
• Suzuki
• Honda
• CanAm
• John Deere
• Ez-Go
• Club Car
• Sea-Doo
• Boston Whaler
• Safeboat
• Contender
• Metalshark
• SeaVee
• Intrepid
• Seahunter
Yellowfin
• Fluid
DocuSign Envelope ID_E6878081.7E5C-4F32-8F01-71 F6C2DEOAA ,UTV), Ez-Go (Golf Car), Club Car (Golf Car), Yamaha (Golf Car),
Contender(Motorboat), and Fluid (Motorboat) brands.
The solicitation stated that the lowest responsive, responsible Bidder meeting all terms, conditions, and specifications would be
recommended for award. The Procurement Department and Fleet Division verified that the lowest responsive bid submitted by
Advantage Golf Cars SEFL, LLC, Contender Boats, Inc., Four Mile Road LLC, Jeffrey-Allen, Inc., and Sirocco Marine LLC (the
"Bidders")met the requirements of the solicitation.
Furthermore, City staff verified that the Bidders complied with the solicitation's submittal requirements regarding licensure and
approval to provide the goods. The Bidders have provided various specialty vehicles to several South Florida public and private
agencies.
Accordingly, the Bidders have been deemed the lowest responsive and responsible Bidder, meeting all terms, conditions, and
specifications of the ITB. The award for primary and secondary vendors are as follows: John Deere - Four Mile Road LLC
(Primary); Ez-Go -Advantage Golf Cars SEFL LLC (Primary); Club Car- Jeffrey Allen (Primary),Advantage Golf Cars SEFL LLC
(Secondary); Yamaha-Advantage Golf Cars SEFL LLC (Primary); Contender Motorboats- Contender Boats, Inc. (Primary); and,
Fluid Motorboats-Sirocco Marine LLC.
A brief description of the lowest responsive and responsible bidders is below.
Advantage Golf Cars SEFL, LLC
Advantage Golf Cars SEFL LLC ("Advantage Golf Cars") provides superior customer service and has an entire team of
professional sales members,finance experts, service technicians, and a knowledgeable parts and accessories staff to support their
clients.Advantage Golf Cars prides itself on having well-trained experts that strive for customer satisfaction.
Contender Boats, Inc.
Contender Boats Inc. ("Contender Boats") has over 35 years of experience building the world's finest semi-custom sportfishing
boats. Boats that are carefully engineered and meticulously hand-crafted—not because it is the easy way, but because Contender
Boats has a reputation to uphold.A reputation for building boats that outperform and out-last.A reputation that drives it to push the
envelope even further every day.
Four Mile Road LLC
Four Mile Road LLC d/b/a Green Thumb("Green Thumb")was founded in 1975 by Joe and Diana Biesterfeld. Green Thumb is the
premier outdoor power equipment dealership in the southeastern United States. Green Thumb sells and services commercial
landscapers, municipalities, and homeowners throughout Florida. The Biesterfeld family is the heart of Green Thumb, with Joe's
sons, John and Joe Jr., growing the company to its current size
Jeffrey-Allen Inc.
Jeffrey-Allen Inc. ("Jeffrey Allen) is a third-generation family-owned golf cart dealership and service provider founded in 1970.
Jeffrey Allen is Florida's premier authorized golf car dealer for Club Car and other leading golf cart brands and specializes in golf
car sales, service, parts, accessories, and rentals. Jeffrey Allen serves central and south Florida customers with showrooms in
Tampa, Orlando, and Ft. Lauderdale (Davie).
Sirocco Marine LLC
Sirocco Marine LLC ("Sirocco Marine") originated as an Australia-wide dealer network; client-focused service is what it is now
renowned for.The Sirocco Marine network has expanded into the United States by opening Sirocco dealerships in Fort Lauderdale
and Annapolis. In the next two to three years, it will open five (5)to six (6) dealerships in prime locations across the United States.
In keeping with its high-quality brands, its customer service and after-sales support sets Sirocco Marine apart and make it the best
in the inflatable boat market.
SUPPORTING SURVEY DATA
According to the 2019 Community Satisfaction Survey conducted by ETC institute (the"Survey"), 62.9% satisfaction was given to
"Quality of Customer Service"among the City's residents. The 2019 result indicated a positive upward trend compared to the 2016
Community Satisfaction Survey, which showed 53.6% satisfaction. Maintaining a well-equipped and well-maintained fleet is critical
to the delivery of City services for visitors, residents, and businesses alike.
FINANCIAL INFORMATION
As a result of this ITB, the Fleet Division will be able to streamline a considerable amount of its specialty vehicle purchases through
a competitively-procured contract that provides protection against escalating list prices currently affecting the fleet industry at large.
Further, as indicated in Attachment"A,"the City will take advantage of pricing at MSRP cost or better.
CONCLUSION
Based on the foregoing, I recommend that the Mayor and City Commission of the City of Miami Beach, Florida, approve the award
of a contract pursuant to Invitation to Bid (ITB) No. 2022-397-DF for the purchase and delivery of specialty vehicles to the primary
and secondary vendors, as set forth in Attachment "A," and further authorize the City Manager and City Clerk to execute the
contracts.
Applicable Area
Not Applicable
Is this a"Residents Right to Does this item utilize G.O.
Know"item,_pursuant to Bond Funds?
City Code Section 2-14?
No No
Legislative Tracking
Facilities and Fleet Management/Procurement
ATTACHMENTS:
Description
❑ Attachment A-Tabulation
3 ID:E6878081-7E5C-4F32-8F01-71F6C22DEOAA
Attachment A
ITB 2022-397-DF Tabulation
Line Item Description Advantage Golf Cars Contender Boats Four Mile Road Jeffrey Allen Sirroco Marine
15 JOHN DEERE—UN 13%
A16 EZ-GO—GOLF CAR 5%
A18 CLUB CAR—GOLF CAR 0% 10%
A19 YAMAHA—GOLF CAR 3%
A25 CONTENDER—MOTORBOAT 30%
A31 FLUID-MOTORBOAT 5%
Primary Vendors:
John Deere-Four Mile Road
Ez-Go-Advantage Golf
Club Car-Jeffrey Allen
Yamaha-Advantage Golf
Contender-Contender Boats
Fluid-Sirocco Marine
Secondary Vendor:
Club Car-Advantage Golf
ATTACHMENT B
SOLICITATION
AND ADDENDUMS
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� �
PROCUREMENT DEPARTMENT
M I / V .1' B.EACH 1755 Meridian Avenue,3rd Floor
Miami Beach,Florida 33139
www.miamibeachfl.gov
ADDENDUM NO. 1
INVITATION TO BID NO. 2022-397-DF
FOR PURCHASE AND DELIVERY OF SPECIALTY VEHICLES
October 6,2022
This Addendum to the above-referenced ITB is issued in response to questions from prospective proposers, or other
clarifications and revisions issued by the City.The ITB is amended in the following particulars only(deletions are shown
by strikethrough and additions are underlined).
I. REVISION: ITB DUE DATE AND TIME. The deadline for the.electronic receipt of bids is extended until 3:00
p.m.,on Thursday, October 13,2022.
All bids received and time stamped through PeriscopeS2G,prior to the bid submittal deadline shall be accepted
as timely submitted. Bids will be opened promptly at the time and date specified. Hard copy bids or bids
received electronically, either through email or facsimile, submitted prior to or after the deadline for receipt of
bids are not acceptable and will be rejected. Late bids cannot be submitted, bidders are cautioned to plan
sufficiently. The City will in no way be responsible for delays caused by technical difficulty or caused by any
other occurrence.
II. RESPONSES TO QUESTIONS RECEIVED:
Q1:We are a B2G business with pricing structure established by the federal government. We have no MSRP
and cannot discount for the General Services Administration(GSA) price. How do we handle this?
Al:The purpose of the ITB is to establish contract(s)for future needs.Manufacturer Suggested
Retail Price(s)(MSRP)is required to verify pricing future purchases.
Any questions regarding this Addendum should be submitted in writing to the Procurement Management Department
to the attention of the individual named below, with a copy to the City Clerk's Office at
RafaelGranado@miamibeachfl.gov
Contact: Telephone: Email:
Danny Flores 305-673-7000 ext. 26652 . DannyFlores@miamibeachfl.gov
Proposers are reminded to acknowledge receipt of this addendum as part of your ITB submission.
incerely, {),_.,
Kris da
Pro ement Contracting Manager
invitation to bia (i i b)
2022-39 7-D F
Purchase and Delivery of Specialty Vehicles
TABLE OF CONTENTS
SOLICITATION SECTIONS:
0100 INSTRUCTIONS TO BIDDERS
0200 GENERAL TERMS AND CONDITIONS
0300 BID SUBMITTAL INSTRUCTIONS & FORMAT
APPENDICES:
APPENDIX A MINIMUM REQUIREMENTS, SPECIFICATIONS, AND SPECIAL CONDITIONS
APPENDIX B COST PROPOSAL FORM
APPENDIX C INSURANCE REQUIREMENTS
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SECTION 0100 INSTRUCTIONS TO BIDDERS
1.GENERAL.
This Invitation to Bid (ITB) is issued by the City of Miami Beach, Florida (the "City"), as the means for
prospective Bidders to submit their qualifications, proposed scopes of work and cost proposals(the"bid")to
the City for the City's consideration as an option in achieving the required scope of services and requirements
as noted herein. All documents released in connection with this solicitation, including all appendixes and
addenda, whether included herein or released under separate cover, comprise the solicitation, and are
complementary to one another and together establish the complete terms, conditions and obligations of the
Bidders and;subsequently,the successful Bidders(s) (the"contractor[s]")if this ITB results in an award.
The City utilizes Periscope S2G (formally known as BidSync) (www.periscopeholdings.com or
www.bidsync.com)for automatic notification of competitive solicitation opportunities and document fulfillment,
including the issuance of any addendum to this ITB.Any prospective Proposer who has received this ITB by
any means other than through Periscope S2G must register immediately with Periscope S2G to assure it
receives any addendum issued to this ITB. Failure to•receive an addendum may result in disqualification of
proposal submitted.
2. PURPOSE.
The City is seeking bids from authorized vendors to establish a contract to provide various specialty vehicles
for various departments on an"as needed"basis solely determined by the City.Specialty vehicles are defined
as all-terrain vehicles(ATVs),utility vehicles(UTVs),golf cars, personal watercraft(PWCs),and motorboats.
The minimum requirements,specifications, and special conditions are further detailed in Appendix A.
3.SOLICITATION TIMETABLE.The tentative schedule for this solicitation is as follows:
ITB Issued September 19, 2022
Pre-Bid Meeting September 29,2022 at 11:00 am ET
Join on your computer or_mobile_app__
Click here to join the meeting
Meeting ID: 271 190 856 316
Passcode:yeHxZw
Download Teams I Join on the web
Or call in (audio only)
+1 786-636-1480 United States, Miami
Phone Conference ID:414 147 894,then#
Deadline for Receipt of Questions September 30, 2022 at 5:00 pm ET
Deadline for Submittal of Bids October 11, 2022 at 3:00 pm ET
Join on your computer or mobile app
Click here to join the meeting
Meeting ID: 288 756 628 343
Passcode: gZDPjb
Vr call In (MUM Wily)
+1 786-636-1480 United States, Miami
Phone Conference ID: 746-001-883, then#
Tentative Commission Approval Authorizing TBD
Award
4.PROCUREMENT CONTACT.Any questions or clarifications concerning this solicitation shall be submitted
to the Procurement Contact noted below:
Procurement Contact: Telephone: Email:
Danny Flores 305-673-7000, Ext.26652 DannyFlores@miamibeachfl.gov
Additionally, the City Clerk is to be copied on all communications via e-mail at:
RafaelGranado • miamibeachfl.•ov; or via facsimile: 786-394-4188.
The Bid title/number shall be referenced on all correspondence. All questions or requests for clarification
must be received no later than ten (10) calendar days prior to the date proposals are due as scheduled in
Section 0200-3. All responses to questions/clarifications will be sent to all prospective Bidders in the form of
an addendum.
5. PRE-BID MEETING OR SITE VISIT(S).A pre-bid meeting or site visit(s) may be scheduled. Attendance
for the pre-bid meeting shall be via web conference and recommended as a source of information but is not
mandatory. Bidders interested in participating in the pre-bid meeting must follow these steps:
September 29,2022 at 11:00 am ET
• Join on your computer or mobile app
Click here to join the meeting
Meeting ID: 271 190 856 316
Passcode:yeHxZw
Download Teams I Join on the web
• Or call in(audio only)
+1 786-636-1480 United States, Miami
Phone Conference ID:414 147 894,then#
Bidders who are participating via telephone should send an e-mail to the contact person listed in this ITB
expressing their intent to participate via telephone.
6. PRE-BID INTERPRETATIONS. Oral information or responses to questions received by prospective
Bidders are not binding on the City and will be without legal effect, including any information received at pre-
submittal meeting or site visit(s).The City by means of Addenda will issue interpretations or written addenda
clarifications considered necessary by the City in response to questions.Only questions answered by written
addenda will be binding and may supersede terms noted in this solicitation. Addendum will be released
through Periscope S2G.Any prospective bidder who has received this ITB by any means other than through
Periscope S2G must register immediately with Periscope S2G to assure it receives any addendum issued to
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this ITB. Failure to receive an addendum may result in disqualification of the bid submittal.Written questions
should be received no later than the date outlined in the Anticipated ITB Timetable section.
7. BIDDER'S RESPONSIBILITY. Before submitting a response, each bidder shall be solely responsible for
making any and all investigations, evaluations, and examinations, as it deems necessary, to ascertain all
conditions and requirements affecting the full performance of the contract. Ignorance of such conditions and
requirements, and/or failure to make such evaluations, investigations, and examinations,will not relieve the
bidder from any obligation to comply with every detail and with all provisions and requirements of the contract,
and will not be accepted as a basis for any subsequent claim whatsoever for any monetary consideration on
the part of the bidder.
8. CONE OF SILENCE. Pursuant to Section 2-486 of the City Code, all procurement solicitations once
advertised and until an award recommendation has been forwarded to the City Commission by the City
Manager are under the "Cone of Silence." The Cone of Silence ordinance is available at
http://Iibrary.municode.com/index.aspx?clientlD=13097&statelD=9&statename=Florida.Any communication
or inquiry in reference to this solicitation with any City employee or City official is strictly prohibited with the
of exception communications with the Procurement Director, or his/her administrative staff responsible for
administering the procurement process for this solicitation providing said communication is limited to matters
of process or procedure regarding the solicitation. Communications regarding this solicitation are to be
submitted in writing to the Procurement Contact named herein with a copy to the City Clerk at
rafaelgranado@miamibeachfl.gov.
9. METHOD OF AWARD. Following the review of bids and application of vendor preferences, the lowest
responsive, responsible bidder(s) meeting all terms, conditions, and specifications of the ITB will be
recommended for award by bid item, bid group, or for the entirety of all bid items, as deemed in the best
interest of the City,to the City Managerfor his consideration.After considering the staff recommendation for
award,the City Manager shall exercise his due diligence and recommend to the Mayor and City Commission
the bid that the City Manager deems to be in the best interest of the City.The City Commission shall consider
the City Manager's recommendation(s) and, may approve or reject the City Manager's recommendation(s).
The City Commission may also reject all bids received. In determining the lowest and best bidder, and in
addition to price, Section 2-369 of the City Code provides that the City may consider the following:
• The ability,capacity and skill of the bidder to perform the Contract.
• Whether the bidder can perform the Contract within the time specified, without delay or
interference.
• The character, integrity,reputation,judgment, experience and efficiency of the bidder.
• The quality of performance of previous contracts.
• The previous and existing compliance by the bidder with laws and ordinances relating to the
Contract.
10. MULTIPLE AWARD.The City may award two or more vendors(primary, secondary,tertiary, or higher),
as available, by line item, by group or in its entirety, beginning with lowest, responsive, responsible bidder
(primary), followed by the second lowest, responsive, responsible bidder(secondary), and continuing with
other responsive, responsible bidders in order of next best cost. The City will endeavor to utilize vendors in
order of award. However, the City may utilize other vendors in the event that: 1) a contract vendor is not or
is unable to be in compliance with any contract or delivery requirement; 2)it is in the best interest of the City
to do so regardless of reason.
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contract with the City(either as a co-primary contractor,or as secondary or tertiary contractors). No Purchase
Order shall be issued to Contractor, and no work or Services shall be authorized under this Agreement,
except at City's sole discretion: Contractor shall have no entitlement to perform any services hereunder, or
to be compensated for any Services, unless set forth in a written Purchase Order.
11.E-VERIFY.As a contractor you are obligated to comply with the provisions of Section 448.095, Fla.Stat.,
"Employment Eligibility." Therefore, you shall utilize the U.S. Department of Homeland Security's E-Verify
system to verify the employment eligibility of all new employees hired by the Contractor during the term of
the Contract and shall expressly require any subcontractors performing work or providing services pursuant
to the Contract to likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the
employment eligibility of all new employees hired by the subcontractor during the Contract term.
12.OMITTED OR ADDITIONAL INFORMATION. Failure to include the Bid Price Form and the Bid Bond
(if applicable) shall render a bid non-responsive. Non-responsive bids will not be considered. With
exception of the Bid Price Form and the Bid Bond,if applicable,the City reserves the right to seek any omitted
information/documentation or any additional information from bidder or other source(s), including but not
limited to: any firm or principal information, applicable licensure, resumes of relevant individuals, client
information, financial information, or any information the City deems necessary to evaluate the capacity of
the bidder to perform in accordance with contract requirements. Failure to submit any omitted or additional
information in accordance with the City's request shall result in proposal being deemed non-responsive.
13. PERISCOPE S2G (FORMERLY BIDSYNC). The Procurement Department utilizes Periscope S2G,
Supplier-to-Government electronic bidding (e-Bid) platform. If you would like to be notified of available
competitive,solicitations released by the City you must register and complete your vendor qualifications
through Periscope S2G, Supplier-to-Government www.bidsync.com/Miami-Beach. Registration is easy and
will only take a few minutes. For detailed instructions on how to register, complete vendor qualifications and
submit electronic bids visit https://www.miamibeachfl.gov/city-hall/procurement/for-approval-how-to-
become-a-vendor/.
Should you have any questions regarding this system or registration, please visit the above link or contact
Periscope S2G, Supplier-to-Government at supportaabidsvnc.com or 800.990.9339,option 1, option 1.
14. HOW TO MANAGE OR CREATE A VENDOR PROFILE ON VENDOR SELF SERVICE (VSS). In
addition to registering with Periscope S2G, the City encourages vendors to register with our online Vendor
Self-Service web page,allowing City vendors to easily update contacts,attachments(W-9), and commodity
information. The Vendor Self-Service (VSS) webpage
(https://selfservice.miamibeachfl.gov/vssNendors/default.aspx) will also provide you with purchase orders
and payment information.
Should you have any questions and/or comments, do not hesitate to submit them to
vendorsupportRmiamibeachfl.gov
15. SUPPLIER DIVERSITY. In an effort to increase the number and diversity of supplier options in the
procurement of goods.and services, the City has established a registry of LGBT-owned businesses, as
certified by the National LGBT Chamber of Commerce(NGLCC)and small and disadvantaged businesses,
as certified by Miami-Dade County. See authorizing resolutions here.
DocuSign Envelope ID:E6878081-7E5C-4F32-8F01-71F6C22DEOAA
If your company is certified as an LGBT-owned business by NGLCC,or as a small or disadvantaged business
by Miami-Dade County,click on the link below to be added to the City's supplier registry(Vendor Self-Service)
and bid system(Periscope S2G,Supplier-to-Government).These are two different systems and it is important
that you register for both.
Click to see acceptable certification and to register:https://www.miamibeachfl.gov/city-hall/procurement/how-
to-become-a-vendor/.
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FORMAL SOLICITATIONS - TERMS &CONDITIONS—GOODS &SERVICES. By virtue of submitting a
bid in response to this solicitation, proposer agrees to be bound by and in compliance with the Terms and
Conditions for Goods & Services (dated July 7, 2022), incorporated herein, which may be found at the
following link:
https://www.miamibeachfl.uov/city-hall/procurementlstandard-terms-and-conditions/
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•
DocuSign Envelope ID:E6878081-7E5C-4F32-8F01-71 F6C22DEOAA
SECTION 0300 BID SUBMITTAL INSTRUCTIONS AND FORMAT
1. ELECTRONIC RESPONSES ONLY. Bids must be submitted electronically through Periscope S2G
(formerly BidSync) on or before the date and time indicated. Hard copy proposals or proposals received
through email or facsimile are not acceptable and will be rejected.
A bidder may submit a modified bid to replace all or any portion of a previously submitted bid until the deadline
for bid submittals.The City will only consider the latest version of the bid.
Electronic bid submissions may require the uploading of attachments.All documents should be attached as
separate files in accordance with the instructions included in Section 4, below. Attachments containing
embedded documents or proprietary file extensions are prohibited. It is the bidder's responsibility to assure
that its bid, including all attachments,is uploaded successfully.
Only bid submittals received and time stamped by Periscope S2G(formerly BidSync)prior to the bid submittal
deadline shall be.accepted as timely submitted. Late bids cannot be submitted and will not be accepted.
Bidders are cautioned to allow sufficient time for the submittal of bids and uploading of attachments. Any
technical issues must be submitted to Periscope S2G(formerly BidSync) by contacting (800) 990-9339'(toll
free)or S2G@periscopeholdings.com.The City cannot assist with technical issues regarding submittals and
will in no way be responsible for delays caused by any technical or other issue.
It is the sole responsibility of each bidder to ensure its proposal is successfully submitted in BidSync
prior to the deadline for bid submittals.
2. NON-RESPONSIVENESS. Failure to submit the following required forms on or before the Deadline for
Submittal of Bids shall result in a determination of non-responsiveness. Non-responsive bids will not be
considered.
1. Bid Submittal Questionnaire(submitted electronically via Periscope S2G1.
2. Cost Proposal Form(Appendix B)
3. OMITTED OR ADDITIONAL INFORMATION. Failure to complete and submit the Bid Submittal
Questionnaire(submitted electronically),the Cost Proposal,and bid bond(if applicable)with the bid
and by the deadline for submittals shall render the bid non-responsive. Non-responsive bids will not
be considered. Bid Submittals received that do not include the Cost Proposal Form,completed as required,
bid submittal questionnaire, or Bid Bond (if applicable) completed as required and fully executed shall be
deemed non-responsive.Bidder must submit any omitted documentation within three(3)business days upon
request from the City, or the bid may be deemed non-responsive. Non-responsive bid packages will receive
no further consideration.
4. ELECTRONIC BID FORMAT. In order to maintain comparability, facilitate the review process and assist
the Evaluation Committee in review of bids,it is strongly recommended that bids be organized and tabbed in
accordance with the tabs, and sections as specified below. The electronic submittal should be tabbed as
enumerated below and contain a table of contents with page references.The electronic bid shall be submitted
through the"Line Items"attachment tab in BidSync.
BID PROPOSAL.The Bid Proposal is to include the following:
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completed in its entirety.All corrections on the Cost Proposal Form shall be initialed.
FAILURE TO SUBMIT THE MOST RECENT COST PROPOSAL FORM (EITHER INCLUDED IN
THE ORIGINAL ITB OR RELEASED VIA AN ADDENDUM)MAY RESULT IN BID BEING DEEMED
NOT RESPONSIVE AND NOT BEING FURTHER CONSIDERED.
• TAB 2 Documentation indicating compliance with Minimum Eligibility Requirements.
•
•
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DocuSign Envelope ID:E6878081-7E5C-4F32-8F01-71F6C22DEOAA
APPENDIX A
M I AM I BEACH
Minimum Requirements ,
Specifications , and
Special Conditions
2022-39 7-D F
Purchase and Delivery of Specialty
Vehicles
PROCUREMENT DEPARTMENT
1755 Meridian Avenue, 3rd Floor
Miami Beach, Florida 33139
G7. minimum CIIgiui111y RequirelMW115. I IIC IVIIIIIIIIUIII LII9IUIIIty F uultaiII6Ilta IVI uua aVIlvrtauvrI alai law".
below. Bidder shall submit the required submittal(s) documenting compliance with each minimum
requirement. Bidders that fail to comply with minimum requirements shall be deemed non-responsive and
shall not have its bid considered.
1. Bidder(defined as the Firm)shall be an authorized dealer for the manufacturer(s)proposed.
Required Submittals: Manufacturer's letter or other documentation showing firm's
authenticity as a dealer.
C2.Statement of Work Required.
The City of Miami Beach is seeking a qualified vendor(s)to supply specialty vehicles, parts,and accessories
to be used by authorized City departments. Specialty vehicles include the following:
a. all-terrain Vehicles(ATVs)
b. utility vehicles(UTVs)
c. golf cars
d. personal watercraft(PWC)
e. motorboats
C3.Specifications.
Group A: Purchase and Delivery of Specialty Vehicles.Through this group,the City seeks to establish a
discount off Manufacturer Suggested Retail Price(MSRP),or List Price,for the purchase of specialty vehicles
on an "as needed" basis.
Refer to Appendix B for the list of specialty vehicle brands and their associated estimated contract
expenditure. The City will endeavor to utilize this ITB and subsequent executed contract(s) for the
replacement of its obsolete specialty vehicles, however there is no guarantee expressed or implied as to
quantities or dollars that will be used during the contract period.
Additional original equipment manufacturer(OEM) parts or accessories may be required with each vehicle
purchased, including but not limited to:
1. Flip Windshield
2. Hard Roof
3. Undercoating
4. Cargo Box
5. Bed Liner
The cost of any OEM part or accessory shall be offered to the City at the same discount extended for
the brands listed in Appendix B -Cost Proposal and must abide by the requirements of Section 3.1
of C3.Specifications detailed herein.
Products furnished under this contract shall be the manufacturer's current year model, standard industrial
product, except for those modifications or changes required in the standard product to comply with this
specification's requirements.All components normally furnished with commercially offered standard products
shall be furnished with each unit.
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3.1 Required Documentation for MSRP.At the time of order, the awarded vendor(s) shall be responsible
for providing the current catalog, manufacturer's price sheet, or other documentation deemed necessary by
the City showing the MSRP for each purchased equipment.
The discount included shall account for all fees and expenses required to complete the transaction,including
vehicle destination charges,dealer fees,shipping and delivery to the City.The City will assume responsibility
for the cost and acquisition of title and registration for purchased specialty vehicle(s). Such registration and
title fees on invoices will not be accepted by the City.The awarded vendor(s)will provide a separate invoice
outlining each specialty vehicle identification number(VIN)for delivered specialty vehicles.
3.2 Shipping and Delivery. Bidder(s)shall include shipping within the discount offered in this ITB. Shipping
may not be charged separately. Equipment will be delivered to various locations throughout the City as
directed by City staff.All deliveries shall be made Monday through Friday from 8:00 am to 3:00 pm eastern
standard time, unless otherwise requested. Awarded vendor(s) is required to provide a minimum of one(1)
week notice before delivery, with said notice providing the anticipated time of delivery and the quantities to
be delivered. Upon delivery,vendor(s)shall provide the following documentation:
a. manufacturer Statement of Origin(MSO);
b. all applicable warranty documents;
c. all applicable manuals;
d. the invoice with the appropriate corresponding purchase order number (Invoices shall include an
itemized list of all the options listed individually, including at a minimum, part number, description,
quantity, and cost)
3.3 Vehicle Inspection
Prior to acceptance, each vehicle delivered shall be subject to a complete inspection by the City. Inspection
criteria shall include, but not be limited to, conformity to the specifications, mechanical integrity, quality,
workmanship, and materials. If delivered equipment is returned to the vendor before acceptance for any
reason, all corrections shall be made without any inconvenience to the City.
3.4 Manuals
Awarded vendor(s)shall furnish the below listed manuals during delivery of vehicle(s):
a. Operator's manual
b. Parts manual
c. Service and repair manual
d. Overhaul manual
e. Cross-reference guide from manufacturer's parts numbers to supplier's parts numbers
The vendor(s)shall provide one(1)hard copy of each manual with each delivery specialty vehicle. The City
may request one (1) electronic copy on either a portable thumb drive or compact disc (CD) which must be
provided within five(5)days request by the City.
s.o i rammg
Proposer shall provide training to operators and technicians at no additional cost if requested by the City.At
a minimum, such training shall include operator training on all machine functions and operator preventive
maintenance.
3.6 Equipment Recalls
If any recall notice, technical service bulletin, or other important notification affecting equipment purchased
from this contract is released to the general public, a notice regarding affected City equipment shall be sent
to City staff in a timely manner. Vendor(s) shall provide in writing to the City detailed instructions on how to
remedy said recall(s)for the affected vehicle(s) and give a timetable in which the City can expect the repairs
to be made. Any existing or outstanding recalls known to the general public must be remedied before
delivering new vehicle(s)to City as part of a new order.
The vendor(s)shall coordinate logistically with the City on the location of where the repairs will be made.The
City shall not compensate the vendor for pickup or dropoff of affected vehicle(s).
C4.Special Conditions
1. TERM OF CONTRACT. The contract shall remain in effect for two (2) years from the date of contract
execution by the City Manager and the City Clerk.
2.OPTIONS TO RENEW.The City,through its City Manager,will have the option to extend for an additional
three(3),one(1)year period. Renewal of the contract is a City of Miami Beach prerogative,not a right of the
Contractor.The option will be exercised only when it is in the best interest of the City of Miami Beach.
If the contract is held over beyond the term herein provided,it shall only be from a month-to-month basis and
shall not constitute an implied renewal of the contract. Said month-to-month extension shall be upon the
same terms of the contract and at the compensation and payment provided herein
3.SHIPPING TERMS. Freight-on-Board (FOB) Destination.
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APPENDIX B
(
M I AM BEAC
Cost Proposal Form
2022-39 7-D F
Purchase and Delivery of Specialty
Vehicles
PROCUREMENT DEPARTMENT
1755 Meridian Avenue, 3rd Floor
Miami Beach, Florida 33139
HrrDivuIA D
COST PROPOSAL FORM
Failure to submit Appendix B,Cost Proposal Form, in its entirety by the deadline established for the
receipt of bids will result in bid submittal bein• deemed non-responsive and bein• re'ected.
Bidder affirms that the prices stated on the proposal price form below represents the entire cost of
the items in full accordance with the requirements of this ITB, inclusive of its terms, conditions,
specifications and other requirements stated herein, and that no claim will be made on account of
any increase in wage scales, material prices, delivery delays,taxes, insurance, cost indexes or any
other unless a cost escalation provision is allowed herein and has been exercised by the City
Manager in advance. The Cost Proposal Form (Appendix B) shall be completed in its entirety. All
corrections on the Cost Proposal Form(Appendix B)shall be initialed.
GROUP A:PURCHASE AND DELIVERY OF EQUIPMENT
Estimated Percentage
Item Description Amount* Discount
1 KAWASAKI-AN $160,000
2 POLARIS-AN $110,000
3 KUBOTA-ATV $30,000
4 YAMAHA-AN $30,000
5 SUZUKI-AN $30,000
6 HONDA-AN $160,000
7 CANAM—ATV $30,000
8 KAWASAKI-UN $250,000
9 POLARIS-UTV $55,000
10 KUBOTA-UN $30,000
11 YAMAHA-UN $30,000
12 SUZUKI-UN $30,000
13 CANAM-UTV $30,000
14 HONDA—UN $30,000
15 JOHN DEERE—UN $115,000 %
A16 EZ-GO—GOLF CAR $40,000 %
A17 POLARIS—GOLF CAR $15,000
A18 CLUB CAR—GOLF CAR $15,000
A19 YAMAHA—GOLF CAR $10,000
A20 YAMAHA—PWC $25,000
A21 SEA D00—PWC $12,000
A22 KAWASAKI—PWC $12,000
*These are annual estimated amounts.However,the City makes no guarantee of the volume of orders as a
result of this ITB and reserves the right the City to increase or decrease these amounts, or place no orders,
at its sole discretion.
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Estimated Percentage
Item Description Amount* Discount
A23 BOSTON WHALER—MOTORBOAT $130,000
A24 SAFEBOAT—MOTORBOAT $400,000
A25 CONTENDER—MOTORBOAT $500,000
A26 METALSHARK—MOTORBOAT $400,000
A27 SEAVEE-MOTORBOAT $300,000
A28 INTREPID-MOTORBOAT $300,000
A29 SEAHUNTER-MOTORBOAT $300,000
A30 YELLOWFIN-MOTORBOAT $300,000
A31 FLUID-MOTORBOAT $175,000
*These are annual estimated amounts.However,the City makes no guarantee of the volume of orders as a
result of this ITB and reserves the right the City to increase or decrease these amounts, or place no orders,
at its sole discretion.
APPENDIX C
M I AM I BEACH
Insurance Requirements
2022-397-DF
Purchase and Delivery of Specialty
Vehicles
PROCUREMENT DEPARTMENT
1755 Meridian Avenue, 3rd Floor
Miami Beach, Florida 33139
DocuSign Envelope ID:E6878081-7E5C-4F32-8F01-71F6C22DEOAA
MIAMI B EAC H
TYPE 2 - GOODS, SERVICES & MAINTENANCE
INSURANCE REQUIREMENTS
The vendor shall maintain the below required insurance in effect prior to awarding the contract and for the
duration of the contract. The maintenance of proper insurance coverage is a material element of the
contract and failure to maintain or renew coverage may be treated as a material breach of the contract,
which could result in withholding of payments or termination of the contract.
A. Worker's Compensation Insurance for all employees of the vendor as required by Florida
Statute 440,and Employer Liability Insurance for bodily injury or disease.Should the vendor
be exempt from this Statute, the vendor and each employee shall hold the City harmless
from any injury incurred during performance of the Contract. The exempt vendor shall also
submit (i) a written statement detailing the number of employees and that they are not
required to carry Workers' Compensation insurance and do not anticipate hiring any
additional employees during the term of this contract or (ii) a copy of a Certificate of
Exemption.
B. Commercial General Liability Insurance on an occurrence basis, including products and
completed operations, property damage, bodily injury and personal&advertising injury with
limits no less than$1,000,000 per occurrence, and $2,000,000 general aggregate:
C. Automobile Liability Insurance covering any automobile, if vendor has no owned
automobiles, then coverage for hired and non-owned automobiles, with limit no less than
$1,000,000 combined per accident for bodily injury and property damage.
Additional Insured -City of Miami Beach must be included by endorsement as an additional insured with
respect to all liability policies(except Professional Liability and Workers'Compensation)arising out of work
or operations performed on behalf of the vendor including materials, parts, or equipment furnished in
connection with such work or operations and automobiles owned, leased, hired or borrowed in the form of
an endorsement to the vendor's insurance.
Notice of Cancellation- Each insurance policy required above shall provide that coverage shall not be
cancelled, except with notice to the City of Miami Beach c/o EXIGIS Insurance Compliance Services.
Waiver of Subrogation—Vendor agrees to obtain any endorsement that may be necessary to affect the
waiver of subrogation on the coverages required. However, this provision applies regardless of whether
the City has received a waiver of subrogation endorsement from the insurer.
Acceptability of Insurers — Insurance must be placed with insurers with a current A.M. Best rating of
A:VII or higher. If not rated, exceptions may be made for members of the Florida Insurance Funds (i.e.
FWCIGA, FAJUA). Carriers may also be considered if they are licensed and authorized to do insurance
business in the State of Florida.
Verification of Coverage — Vendor shall furnish the City with original certificates and amendatory
endorsements, or copies of the applicable insurance language, effecting coverage required by this
Contract. All certificates and endorsements are to be received and approved by the City before work
CERTIFICATE HOLDER MUST READ:
CITY OF MIAMI BEACH
do EXIGIS Insurance Compliance Services
P.O. Box 4668—ECM#35050
New York, NY.10163-4668
Kindly submit all certificates of insurance,endorsements, exemption letters to our servicing agent, EXIGIS,
at:
Certificates-miamibeach( riskworks.com
Special Risks or Circumstances - The City of Miami Beach reserves the right to modify these
requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage,or other
special circumstances.
Compliance with the foregoing requirements shall not relieve the vendor of his liability and obligation under
this section or under any other section of this agreement.
DocuSign Envelope ID:E6878081-7E5C-4F32-8F01-71F6C22DEOAA
MIAMIBEACH
FORMAL SOLICITATIONS
TERMS AND CONDITIONS - GOODS & SERVICES
(July 7,2022)
1. GENERAL DISCLAIMERS.
a. The solicitation referenced herein is being furnished to the Bidders by the City of Miami Beach(the"City")for the Bidder's
convenience. It is the responsibility of the recipient to assure itself that information contained herein is accurate and
complete.The City does not provide any assurances as to the accuracy of any information in this solicitation.Any reliance
on these contents,or on any permitted communications with City officials,shall be at the recipient's own risk.Bidders should
rely exclusively on their own investigations, interpretations, and analyses. Bidders are expected to examine the terms,
conditions,specifications,delivery schedules,proposed pricing,and other all instructions pertaining to the goods relative to
this solicitation. Failure to do so will be at the Bidder's risk and may result in the Bid being non-responsive.All expenses
involved with the preparation and submission of bid, or any work performed in connection therewith, shall be the sole
responsibility(and shall be at the sole cost and expense)of the Bidders,and shall not be reimbursed by the City.
b. The solicitation is being provided by the City without any warranty or representation,express or implied,as to its content,
its accuracy,or its completeness.No warranty or representation is made by the City or its agents that any Bid conforming
to these requirements will be selected for consideration, negotiation, or approval. Any individual that submits a bid in
response to this solicitation agrees that any action taken by the City in response to bids made pursuant to this solicitation,
or in making any award,or in failing or refusing to make any award pursuant to such bid,or in cancelling awards, or in
withdrawing or cancelling this solicitation, either before or after issuance of an award, shall be without any liability or
obligation on the part of the City.
c. It is the responsibility of each Bidders, before submitting,a Bid, to: examine the solicitation thoroughly;visit the site or
structure,as applicable,to become familiar with conditions that may affect costs,progress,performance or furnishing of the
Work;take into account federal,state and local(City and Miami-Dade County)laws,regulations,permits,and ordinances
that may affect costs,progress, performance, furnishing of the Work, or award; study and carefully correlate Bidder's
observations with the solicitation.The Bidders shall notify the Procurement Director of all conflicts,errors,or discrepancies
in the solicitation of which Bidders knows or reasonably should have known.The submission of a Bid shall constitute an
incontrovertible representation by Bidders that Bidders has complied with the above requirements and that without
exception,the Bid is premised upon performing arid furnishing the Work required by the solicitation and that the solicitation
documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for
performance and furnishing of the Work.
d. Any action taken by the City in response to bids received pursuant to this solicitation,or in making any award,or in failing
or refusing to make any award pursuant to such bid,or in cancelling awards,or in withdrawing or cancelling this solicitation,
either before or after issuance of an award,shall be without any liability or obligation on the part of the City. In its sole
discretion,the City may withdraw the solicitation either before or after receiving bids,may accept or reject bids,and may
accept bids which deviate from the solicitation,as it deems appropriate and in its best interest.The City may postpone the
deadline for submittal of bids and may,but is not required to,make a reasonable effort to give at least three(3)calendar
days electronic notice of any such postponement '
e. In its sole discretion,the City may determine the qualifications and acceptability of any party or parties submitting bid in
response to this solicitation.
f. Bidders are hereby advised that this solicitation is subject to the following ordinances/resolutions(as applicable),which may
be found on the City Of Miami Beach Procurement Department website at httos://www.miamibeachfl.gov/City-
hall/procurement/procurement-related-ordinance-and-procedures/.
Requirement Code Section or Resolution
"Cone of Silence 2-486
Protest Procedures 2-371
Debarment Proceedings 2-481 through 2-406
Lobbyist Registration and Disclosure of Fees 2-397 through 2-485.3
Campaign Contributions by Vendors 2-487'.
Campaign Contributions by Lobbyists 2-488
Equal Benefits for Domestic Partners 2-373
Living Wage Requirement 2-407 through 2-410
False Claims Ordinance 70-300
Acceptance of Gifts,Favors&Services 2-449
Purchase of Goods and Services Sourced in Resolution 2016-29375
Mississippi
Non-discrimination(boycotts) 2016-3990
2. ACCEPTANCE OF GIFTS,FAVORS.SERVICES. Bidders shall not offer any gratuities,favors,or anything of monetary value
to any official,employee,or agent of the City,for the purpose of influencing consideration of this Bid. Pursuant to Sec.2-449 of
the City Code,no officer or employee of the City shall accept any gift,favor or service that might reasonably tend improperly to
influence him in the discharge of his official duties.
TERMS AND CONDITIONS - GOODS & SERVICES
(July,7,2022)
title or interest therein,or power to execute such contract,to any person,company or corporation,without the prior written consent
of the City.
4. CANCELLATION.In the event any of the provisions of this Bid are violated by the Bidders,the City shall give written notice to
the Bidders stating such deficiencies and,unless such deficiencies are corrected within ten(10)calendar days from the date of
the City's notice,the City,through its City Manager,may declare the contract in default and terminate same,without further notice
required to the Bidders.Notwithstanding the preceding,the City,through its City Manager,also reserves the right to terminate
the contract at any time and for any reason,without cause and for convenience,and without any monetary liability to the City,
upon the giving of thirty(30)days prior written notice to the Bidders.
5. COMPLIANCE WITH THE CITY'S LOBBYIST LAWS.This solicitation is subject to, and all Bidders are expected to be or
become familiar with,all City lobbyist laws.Bidders shall be solely responsible for ensuring that all City lobbyist laws are complied
with,and shall be subject to any and all sanctions,as prescribed therein,including,without limitation, disqualification of their
responses,in the event of such non-compliance.
6. DEFAULT. Failure or refusal of the successful Bidders to execute a contract following approval of such contract by the City
Commission, or untimely withdrawal of a bid response before such award is made and approved, may result in a claim for
damages by the City,and may be grounds for removing the Bidders from the City's vendor list.
7. DEMONSTRATION OF COMPETENCY.Pursuant to Section 2-369 of the City Code,when determining the lowest and best
Bidders,in addition to price,there shall be a consideration of the following:(1)the ability,capacity and skill of the Bidders to
perform the contract;(2)whether the Bidders can perform the contract within the time specified,without delay or interference;
,(3)the character,integrity,reputation,judgment,experience and efficiency of the Bidders;(4)the quality of performance of
previous contracts; and (5)the previous and existing compliance by the Bidders with laws and..ordinances relating to the
contract.In doing so,the City may take any and all actions in deems necessary,including consideration of any legal,financial,
operational(facilities,staffing and equipment)factorthat may impact the Bidder's ability to successfully perform the contract,
and the City may contact any prior or current client,employee or agent of the Bidders.
a. The City reserves the right to request supplemental information from Bidders at any time during the solicitation process,
unless otherwise noted.
8. DISPUTES.In the event of a conflict between the documents,the order of priority of the documents shall be as follows:
a. Any contract or agreement resulting from the award of this solicitation;then
b. Addendum issued for this solicitation,with the latest Addendum taking precedence;then
c. The solicitation;then
d. The Bidder's bid in response to the solicitation.
In case of any doubt or difference of opinion as to the items and/or goods(as the case may be)to be furnished hereunder,the
decision of the City shall be final and binding on all parties.
9. ELIMINATION FROM CONSIDERATION.This bid shall not be awarded to any person or firm who is in arrears to the City upon
any debt,taxes,or contracts which are defaulted as surety or otherwise upon any obligation to the City.
10. EMERGENCY RESPONSE PRIORITY. It is hereby made a part of this solicitation that before, during, and after a public
emergency,disaster,hurricane,tornado,flood,or other acts of force majeure that the City of Miami Beach,Florida shall receive
a"First Priority for any goods and services covered under any award resulting from this solicitation,including balance of line
items as applicable. It is vital and imperative that the majority of citizens are protected from any emergency situation that
threatens public health and safety, as determined by the City. By virtue of submitting a response to this solicitation,vendor
•
agrees to provide all award related goods and services to the City on a"first priority"under the emergency conditions noted
above.
11. ESTIMATED QUANTITIES.Estimated quantities or estimated dollars,if provided,are for City guidance only.No guarantee is
expressed or implied as to quantities or dollars that will be used during the contract period.The City is not obligated to place any
order for a given amount subsequent to the award of this Bid.Estimates are based upon the City's actual needs and/or usage
during a previous contract period.The City may use said estimates for purposes of determining whether the low Bidders meets
specifications.
12. ENVIRONMENTAL REGULATIONS.The City reserves the right to consider a Bidder's history of citations and/or violations of
environmental regulations in investigating a Bidder's responsibility, and further reserves the right to declare a Bidders not
responsible if the history of violations warrants such determination in the opinion of the City.Bidder shall submit with its proposal,
a complete history of all citations and/or violations, notices, and dispositions thereof. The non-submission of any such
documentation shall be deemed to be an affirmation by the Bidders that there are no citations or violations.Bidders shall notify
the.City immediately of notice of any citation or violation which Bidders may receive after the proposal opening date and during
the time of performance of any contract awarded to it.
13. EXCEPTIONS TO SOLICITATION.Bidders must clearly indicate any exceptions they wish to take to any of the terms in the
solicitation,and outline what, if any,alternative is being offered. All exceptions and alternatives shall be included and clearly
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FORMAL SOLICITATIONS
TERMS AND CONDITIONS - GOODS & SERVICES
(July 7,2022)
delineated,in writing,in the bid submittal. The City,at its sole and absolute discretion,may accept or reject any or all exceptions
and alternatives. In cases in which exceptions and alternatives are rejected,the City shall require the Bidders to comply with the
particular term and/or condition of the solicitation to which Bidders took exception to(as said term and/or condition was originally
set forth in the solicitation and any exhibits or Addenda thereto).
14. FLORIDA PUBLIC RECORDS LAW.Bidders are hereby notified that all bids including,without limitation,any and all information
and documentation submitted therewith,are exempt from public records requirements under Section 119.07(1),Florida Statutes,
and s.24(a),Art.1 of the State Constitution until such time as the City provides notice of an intended decision or until thirty(30)
days after opening of the bids,whichever is earlier.Additionally, Bidders agrees to be in full compliance with Florida Statute
119.0701 including,but not limited to,agreement to(a) Keep and maintain public records that ordinarily and necessarily would
be required by the public agency in order to perform the goods;(b)provide the public with access to public records on the same
terms and conditions that the public agency would provide the records and at a cost that does not exceed the cost provided in
this chapter or as otherwise provided by law,(c)Ensure that public records that are exempt or confidential and exempt from
public records disclosure requirements are not disclosed except as authorized by law;(d)Meet all requirements for retaining
public records and transfer,at no cost,to the public agency all public records in possession of the Bidders upon termination of
the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure
requirements.All records stored electronically must be provided to the public agency in a format that is compatible with the
information technology systems of the public agency.
15. JOINT VENTURES/SINGLE PURPOSE ENTITY. Joint Ventures are not allowed.bid shall be submitted only by the prime
contractor. Bidders may, however, identify sub-contractors or sub-consultants to the prime Bidders who may serve as team
members.
16. FORCE MAJEURE.
a. A"Force Majeure"event is an event that(i) in fact causes a delay in the performance of the Contractor or the City's
obligations under the Agreement,and(ii)is beyond the reasonable control of such party unable to perform the obligation,
and(iii)is not due to an intentional act,error,omission,or negligence of such party,and(iv)could not have reasonably
been foreseen and prepared for by such party at any time prior to the occurrence of the event.Subject to the foregoing
criteria, Force Majeure may include events such as war, civil insurrection, riot, fires, epidemics, pandemics, terrorism,
sabotage,explosions,embargo restrictions,quarantine restrictions,transportation accidents,strikes,strong hurricanes or
tornadoes,earthquakes,or other acts of God which prevent performance.Force Majeure shall not include technological
impossibility,inclement weather,or failure to secure any of the required permits pursuant to the Agreement
b. If the City or Contractor's performance of its contractual obligations is prevented or delayed by an event believed by to be
Force Majeure,such party shall immediately,upon learning of the occurrence of the event or of the commencement of any
such delay,but in any case within fifteen(15)business days thereof,provide notice:(i)of the occurrence of event of Force
Majeure,(ii)of the nature of the event and the cause thereof,(iii)of the anticipated impact on the Agreement,(iv)of the
anticipated period of the delay,and(v)of what course of action such party plans to take in order to mitigate the detrimental
effects of the event The timely delivery of the notice of the occurrence of a Force Majeure event is a condition precedent
to allowance of any relief pursuant to this section;however,receipt of such notice shall not constitute acceptance that the
event claimed to be a Force Majeure event is in fact Force Majeure,and the burden of proof of the occurrence of a Force
Majeure event shall be on the requesting party.
c. The City may, in its sole and absolute discretion, make amendment or equitable adjustment in the contract terms and
conditions and/or pricing to address very limited unforeseen circumstances outside of the successful Bidder's control relating
to certain supply chain issues and extreme market volatility.The City may, but shall have no obligation to consider or
otherwise approve an adjustment,where pricing or availability of supply is affected by extreme or unforeseen volatility in
the marketplace satisfying,at a minimum,all of the following criteria: 1)the volatility is due to causes wholly beyond the
successful Bidder's control;2)the volatility affects the entire marketplace or industry, not just the particular successful
Bidder's source of supply;3)the effect on pricing or availability of supply is substantial;and 4)the volatility so affects the
successful Bidders that continued performance of the Contract would result in an excessive or unreasonable substantial
loss or financial hardship to the Bidders, such as, for example, an event implicating insolvency or bankruptcy. Any
adjustment would require irrefutable evidence and written approval by the Director of Purchasing Services. For the
avoidance of doubt,this section does not in any way alter or affect the allocation of risk between the City and the Bidders
pursuant to the Contract,or Bidder's assumption of all risks relating to its performance in accordance with the Contract
terms.
d. No party hereto shall be liable for its failure to carry out its obligations under the Agreement during a period when such party
is rendered unable, in whole or in part, by Force Majeure to carry out such obligations. The suspension of any of the
obligations under this Agreement due to a Force Majeure event shall be of no greater scope and no longer duration than is
required.The party shall use its reasonable best efforts to continue to perform its obligations hereunder to the extent such
obligations are not affected or are only partially affected by the Force Majeure event,and to correct or cure the event or
condition excusing performance and otherwise to remedy its inability to perform to the extent its inability to perform is the
direct result of the Force Majeure event with all reasonable dispatch.
TERMS AND CONDITIONS - GOODS & SERVICES
(July 7,2022)
e. Obligations pursuant to the Agreement that arose before the occurrence of a Force Majeure event,causing the suspension
of performance,shall not be excused as a result of such occurrence unless such occurrence makes such performance not
reasonably possible. The obligation to pay money in a timely manner for obligations and liabilities which matured prior to
the occurrence.of a Force Majeure event shall not be subject to the Force Majeure provisions.
f. Notwithstanding any other provision to the contrary herein,in the event of a Force Majeure occurrence,the City may,at the
sole discretion of the City Manager,suspend the City's payment obligations under the Agreement,and may take such action
without regard to the notice requirements herein. Additionally,in the event that an event of Force Majeure delays a party's
performance under the Agreement for a time period greater than thirty(30)days,the City may,at the sole discretion of the
City Manager,terminate the Agreement on a given date,by giving written notice to Contractor of such termination. If the
Agreement is terminated pursuant to this section,Contractor shall be paid for any Services satisfactorily performed up to
the date of termination;following which the City shall be discharged from any and all liabilities;duties,and terms arising out
of,or by virtue of,this Agreement. In no event will any condition of Force Majeure extend this Agreement beyond its stated
term.
17. INDEMNIFICATION. The bidder shall indemnify and hold harmless the City and its officers, employees, agents and
instrumentalities from any and all liability,losses or damages,including attomey's fees and costs of defense,which the City or
its officers, employees, agents or instrumentalities may incur as a result of claims, demands, suits, causes of actions or
proceedings of any kind or nature arising out of,relating to or resulting from the performance of the agreement by the bidder or
its employees,agents,servants,partners,principals or subcontractors. The bidder shall pay all claims and losses in connection
therewith,and shall investigate and defend all claims,suits or actions of any kind or nature in the name of the City,where
applicable, including appellate proceedings, and shall pay all costs,judgments, and attomey's fees which may be incurred
thereon. The bidder expressly understands and agrees that any insurance protection required by any agreement with the City
or otherwise provided by the bidder shall in no way limit the responsibility to indemnify,keep and save harmless and defend the
City or its officers,employees,agents and instrumentalities as herein provided.The above indemnification provisions shall survive
the expiration or termination of this Agreement.
18. INSPECTION.ACCEPTANCE&TITLE.Inspection and acceptance will be at destination,unless otherwise provided. Title to
(or risk of loss or damage to)all items shall be the responsibility of the successful Bidders until acceptance by the City unless
loss or damage results from the gross negligence or willful misconduct of the City.
If any equipment or supplies supplied to the City are found to be defective, or do not conform to the specifications,the City
reserves the right to cancel the order upon written notice to the seller,and return the product,at the Bidder's expense.
19. INSPECTOR GENERAL AUDIT RIGHTS.
a. Pursuant to Section 2-256 of the Code of-the City of Miami Beach,the City has established the Office of the Inspector
General which may, on a random basis, perform reviews, audits, inspections and investigations on all City contracts,
throughout the duration of said contracts. This random audit is separate and distinct from any other audit performed by or
on behalf of the City.
• b. The Office of the Inspector General is authorized to investigate City affairs and empowered to review past, present,and
proposed City programs,accounts,records,contracts,and transactions.In addition,the Inspector General has the power
to subpoena witnesses,administer oaths, require the production of witnesses and monitor City projects and programs.
Monitoring of an existing City project or program may include a report concerning whether the project is on time,within
budget and in conformance with the contract documents and applicable law.The Inspector General shall have the power
to audit, investigate, monitor, oversee, inspect and review operations, activities, performance and procurement process
including but not limited to project design, bid specifications, (bid/proposal)submittals, activities of the Contractor, its
officers,agents and employees,lobbyists,City staff and elected officials to ensure compliance with the Contract Documents
and to detect fraud and corruption. Pursuant to Section 2-378 of the City Code,the City is allocating a percentage of its
overall annual contract expenditures to fund the activities and operations of the Office of Inspector General.
c. Upon ten (10) days written notice to the Contractor, the Contractor shall make all requested records and documents
available to the Inspector General for inspection and copying.The Inspector General is empowered to retain the services
of independent private sector auditors to audit, investigate, monitor, oversee, inspect and review operations activities,
performance and procurement process including but not limited to project design, bid specifications, (bid/proposal)
submittals,activities of the Contractor,its officers,agents and employees,lobbyists,City staff and elected officials to ensure
compliance with the contract documents and to detect fraud and corruption.
d. The Inspector General shall have the right to inspect and copy all documents and records in the Contractor's possession,
custody or control which in the Inspector General's sole judgment,pertain to performance of the contract,including,but not
limited to original estimate files, change order estimate files, worksheets, proposals and agreements from and with
successful subcontractors and suppliers,all project-related correspondence,memoranda,instructions,financial documents,
construction documents,(bid/proposal)and contract documents,back-change documents,all documents and records which
involve cash,trade or volume discounts,insurance proceeds,rebates,or dividends received,payroll and personnel records
and supporting documentation for the aforesaid documents and records.
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TERMS AND CONDITIONS - GOODS & SERVICES
(July 7,2022)
e. The Contractor shall make available at its office at all reasonable times the records,materials,and other evidence regarding
the acquisition(bid preparation)and performance of this contract,for examination,audit,or reproduction, until three(3)
years after final payment under this contract or for any longer period required by statute or by other clauses of this contract.
In addition:
i. If this contract is completely or partially terminated,the Contractor shall make available records relating to the work
terminated until three(3)years after any resulting final termination settlement;and
ii. The Contractor shall make available records relating to appeals or to litigation or the settlement of claims arising under
or relating to this contract until such appeals,litigation,or claims are finally resolved.
f. The provisions in this section shall apply to the Contractor,its officers,agents,employees,subcontractors,and suppliers.
The Contractor shall incorporate the provisions in this section in all subcontracts and all other agreements executed by the
Contractor in connection with the performance of this contract.
g. Nothing in this section shall impair any independent right to the City to conduct audits or investigative activities. The
provisions of this section are neither intended nor shall they be construed to impose any liability on the City by the Contractor
or third parties.
20. LAWS,PERMITS AND REGULATIONS.The Bidders shall obtain and pay for all licenses,permits,and inspection fees required
to complete the work and shall comply with all applicable laws.
21. LIABILITY,INSURANCE,LICENSES AND PERMITS.Where Bidders are required to enter or go on to.City of Miami Beach
property to deliver materials or perform work or services as a result of the Bid,the Bidders will assume the full duty,obligation
and expense of obtaining all necPscary licenses,permits,and insurance,and assure all work complies with all Applicable Laws.
The Bidders shall be liable for any damages or loss to the City occasioned by negligence of the Bidders, or his/her officers,
employees,contractors,and/or agents,for failure to comply with Applicable Laws.
22. MANNER OF PERFORMANCE.Bidders agrees to perform its duties and obligations in a-professional manner and in accordance
with all applicable Local,State,County,and Federal laws,rules,regulations,and codes.Lack of knowledge or ignorance by the
Bidders with/of applicable laws will in no way be a cause for relief from responsibility.Bidders agrees that the work and goods
provided shall be provided by employees that are educated, trained, experienced, certified, and licensed in all areas
encompassed within their designated duties. Bidders agrees to furnish to the City any and all documentation, certification,
authorization,license,permit,or registration currently required by applicable laws,rules,and regulations. Bidders further certifies
that it and its employees will keep all licenses,permits,registrations,authorizations,or certifications required by applicable laws
or regulations in full force and effect during the term of this contract Failure of Bidders to comply with this paragraph shall
constitute a material breach of this contract.
23. MODIFICATION/WITHDRAWALS OF BIDS.A Bidders may submit a modified bid to replace all or any portion of a previously
submitted Bid up until the Bid due date and time. Modifications received after the bid due date and time will not be considered.
bid shall be irrevocable until contract award unless withdrawn in writing prior to the bid due date, or after expiration of 180
calendar days from the opening of bid without a contract award. Letters of withdrawal received after the Bid due date and before
said expiration date,and letters of withdrawal received after contract award will not be considered.
24. MULTIPLE AWARD.The City may award two or more vendors(primary,secondary,tertiary,or higher),as available, by line
item,by group or in its entirety,beginning with lowest,responsive,responsible Bidders(primary),followed by the second lowest,
responsive,responsible Bidders(secondary), and continuing with other responsive, responsible Bidders in order of next best
cost. The City will endeavor to utilize vendors in order of award.However,the City may utilize other vendors in the event that
1)a contract vendor is not or is unable to be in compliance with any contract or delivery requirement;2)it is in the best interest
of the City to do so regardless of reason.
25. NON-CONFORMANCE TO CONTRACT CONDITIONS. Items may be tested for compliance with specifications. Items
delivered,not conforming to specifications,may be rejected,and returned at the Bidder's expense. These items,as well as items
not delivered as per delivery date in bid and/or purchase order, may be purchased by the City, at its discretion,on the open
market. Any increase in cost may be charged against the Bidders. Any violation of these stipulations may also result in the
Bidder's name being removed from the City's vendor list
26. NON-DISCRIMINATION.The Bidders certifies and affirms that it is in compliance with and will be bound by the Section 202,
Executive Order 11246,as amended by Executive Order 11375,relative to equal employment opportunity for all persons without
regard to race,color,religion,sex or national origin.
27. NON-EXCLUSIVITY.To the extent applicable,it is the intent of the City to purchase the goods or services specifically listed in
the solicitation. However,the City reserves the right to purchase any goods or services awarded from any other governmental
or cooperative contract,or on the open market
28. OCCUPATIONAL HEALTH AND SAFETY. The Bidders warrants to the City that any work, goods, supplies, materials or
_.
Al IAUIMLNI L
CONSULTANTS RESPONSE - PROPOSAL
DocuSign Envelope ID:E6878081-7E5C-4F32-8F01-71F6C22DEOAA DIVISION OF CORPORATIONS
_
41111ts' DP/latOr
1. p, flit afficltel Sam of Florida a wefisite
Department of State / Division of Corporations I Search Records / Search by FEI/EIN Number /
Detail by FEI/EIN Number
Florida Profit Corporation
CONTENDER BOATS, INC.
Filing Information
Document Number H25777
FEI/EIN Number 59-2509072
Date Filed 10/16/1984
State FL
Status ACTIVE
Last Event REINSTATEMENT
Event Date Filed 02/20/2003
Principal Address
1820 S.E. 38 AVENUE
HOMESTEAD, FL 33035
Changed: 09/10/1997
Mailing Address
1820 S.E. 38 AVENUE
HOMESTEAD, FL 33035
Changed: 09/10/1997
Registered Agent Name&Address
NEBER, JOSEPH
1820 S.E. 38TH AVE.
HOMESTEAD, FL 33035
Name Changed: 02/06/1991
Address Changed: 08/20/1998
Officer/Director Detail
Name&Address
CORDOVA, MARIA
1820 S.E. 38TH AVE.
HOMESTEAD, FL 33035
Annual Reports
Report Year Filed Date
2020 02/13/2020
2021 02/01/2021
2022 03/08/2022
Document Images
03/08/2022—ANNUAL REPORT View image in PDF format
02/01/2021—ANNUAL REPORT View image in PDF format
02/13/2020—ANNUAL REPORT View image in PDF format
04/01/2019—ANNUAL REPORT View image in PDF format
03/12/2018—ANNUAL REPORT View image in PDF format
03/20/2017—ANNUAL REPORT View image in PDF format
02/29/2016—ANNUAL REPORT View image in PDF format
04/22/2015—ANNUAL REPORT View image in PDF format
04/18/2014—ANNUAL REPORT View image in PDF format
03/27/2013—ANNUAL REPORT View image in PDF format
04/13/2012—ANNUAL REPORT- View image in PDF format
03/14/2011--ANNUAL REPORT View image in PDF format
06/25/2010—ANNUAL REPORT View image in PDF format
04/30/2009—ANNUAL REPORT- View image in PDF format
04/30/2008—ANNUAL REPORT View image in PDF format
10/18/2007--Off/Dir Resignation View image in PDF format
03/15/2007—ANNUAL REPORT View image in PDF format
04/13/2006—ANNUAL REPORT View image in PDF format
04/29/2005--ANNUAL REPORT View image in PDF format
04/28/2004--ANNUAL REPORT View image in PDF format
02/20/2003—REINSTATEMENT View image in PDF format
05/15/2001 ANNUAL REPORT View image in PDF format
05/18/2000—ANNUAL REPORT View image in PDF format
08/10/1999—ANNUAL REPORT View image in PDF format
08/20/1998—ANNUAL REPORT View image in PDF format
09/10/1997--ANNUAL REPORT View image in PDF format
04/29/1996--ANNUAL REPORT View image in PDF format
04/26/1995—ANNUAL REPORT View image in PDF format
DI cuSign Envelope ID:E6878081-7E5C-4F32-8F01-71F6C22DEOAA
Florida Department of State,Division of Corporations
APPENDIX B
A A A I\ A / (1(
I V k \.! L
Cost Proposal Form
2022-39 7-D F
Purchase and Delivery of Specialty
Vehicles
PROCUREMENT DEPARTMENT
1755 Meridian Avenue, 3rd Floor
Miami Beach, Florida 33139
DocuSign Envelope ID:E6878081-7E5C-4F32-8F01-71F6C22DEOAA
APPENDIX B
COST PROPOSAL FORM
Failure to submit Appendix B, Cost Proposal Form, in its entirety by the deadline established for the
receipt of bids will result in bid submittal bein• deemed non-res.onsive and bein' re'ected.
Bidder affirms that the prices stated on the proposal price form below represents the entire cost of
the items in full accordance with the requirements of this ITB, inclusive of its terms, conditions,
specifications and other requirements stated herein, and that no claim will be made on account of
any increase in wage scales,material prices, delivery delays,taxes, insurance,cost indexes or any
other unless a cost escalation provision is allowed herein and has been exercised by the City
Manager in advance. The Cost Proposal Form (Appendix B) shall be completed in its entirety. All
corrections on the Cost Proposal Form(Appendix B)shall be initialed.
GROUP A: PURCHASE AND DELIVERY OF EQUIPMENT
Estimated Percentage
Item Description Amount* Discount •
1 KAWASAKI-AN $160,000 % _
2 POLARIS-AN $110,000 1 %_
3 KUBOTA-ATV ___. . . _ $30,000 . %
4. YAMAHA-AN $30,000 I % _
5 SUZUKI-AN '$30,000 %u
6 HONDA-ATV $160,000 %
7 CANAM—AN $30,000 %
8 KAWASAKI-UN $250,000
9 POLARIS-UN $55,000
10 KUBOTA-UN $30,000 %
11 YAMAHA-UN $30,600 .. %
12 SUZUKI-UN $30,000 %
13 CANAM-UN $30,000 %
14 HONDA—UN $30,000 %
15. . JOHN DEERE—UN $115,000 %
Al 6 EZ-GO—GOLF CAR $40,000 "%
A17 POLARIS—GOLF CAR $15,000 . %
A18 CLUB CAR.—GQLF CAR _ $15,000 %u
A19 YAMAHA—GOLF CAR $10,000 % .
A20 YAMAHA—PWC $25,000 %
A21 SEA D00—PWC $12,000 %
A22 KAWASAKI—PWC $12,000 % .
*These are annual estimated amounts.However,the City makes no guarantee of the volume of orders as a
result of this ITB and reserves the right the City to increase or decrease these amounts, or place no orders,
at its sole discretion.
Item Description Amount* Discount
A23 BOSTON WHALER—MOTORBOAT . $130,000 %
A24 SAFEBOAT—MOTORBOAT $400,000 %°
A25 CONTENDER—MOTORBOAT $500,000 30 %
A26 METALSHARK—MOTORBOAT $400,000 %
A27 SEAVEE-MOTORBOAT $300,000 %
A28 INTREPID-MOTORBOAT $300,000
A29 SEAHUNTER-MOTORBOAT $300,000 %
A30 YELLOWFIN-MOTORBOAT $300,000
A31 FLUID-MOTORBOAT $175,000 %
*These are annual estimated amounts.However,the City makes no guarantee of the volume of orders as a .
result of this ITB and reserves the right the City to increase or decrease these amounts,or place no orders,
at its sole discretion.
DocuSign Envelope ID:E6878081-7E5C-4F32-8F01-71F6C22DEOAA DPX Form
Supplier Response Form
RID SUBMITTAL QUESTIONNAIRE
SECTION 1 - BID CERTIFICATION FORM
This document is a REQUIRED FORM that must be submitted fully completed and submitted.
Solicitation No: Solicitation Title:
BID NUMBER PROJECT TITLE
BIDDERS NAME: Contender Boats INC
NO.OF YEARS IN BUSINESS: 38 NO.OF YEARS IN BUSINESS LOCALLY: NO.OF EMPLOYEES:
38 360
OTHER NAME(S)BIDDER HAS OPERATED UNDER IN THE LAST 10 YEARS: N/A
BIDDER PRIMARY ADDRESS(HEADQUARTERS): 1820 SE 38th Avenue
CITY. Homestead
STATE: FL ZIP CODE: 33035
•
TELEPHONE NO.: 3052301600
TOLL FREE NO.:
FAX NO.: 3052301700
BIDDER LOCAL ADDRESS: 1820 SE 38th Avenue
CITY: Homestead
STATE: FL 7JP CODE: 33035
•
PRIMARY ACCOUNT REPRESENTATIVE FOR THIS ENGAGEMENT: Mike Collins
ACCOUNT REP TELEPHONE NO.: 9414008485
ACCOUNT REP TOLL FREE NO.:
ACCOUNT REP EMAIL mcassociates123@gmail
• FEDERAL TAX IDENTIFICATION NO.: 59-2509071
By virtue of submitting a bid, bidder agrees: a) to complete and unconditional acceptance of the terms and conditions of this
document and the solicitation, including all addendums specifications, attachments, exhibits, appendices and any other document
referenced in the solicitation c)that the bidder has not divulged, discussed, or compared the proposal with other bidders and has
not colluded with any other bidder or party to any other bid;d)that bidder acknowledges that all information contained herein is part
of the public domain as defined by the State of Florida Sunshine and Public Records Laws; e) if bid is accepted, to execute an
annrnnriata lity of Miami Beach document for the nuroose of establishing a formal contractual relationship between the bidder and
DocuSign Envelope ID:E6878081-7E5C-4F32-8F01-71 F6C22DEOAA DPX Form
SECTION 2 m ACKNOWLEDGEMENT OF ADDENDUM
After issuance of solicitation, the City may release one or more addendum to the solicitation, which may
provide additional information to bidders or alter solicitation requirements. The City will strive to reach every
bidder having received solicitation through the City's e-procurement system. However, bidders are solely
responsible for assuring they have received any and all addendum issued pursuant to solicitation. This
Acknowledgement of Addendum section certifies that the bidder has received all addendum released by the
City pursuant to this solicitation. Failure to obtain and acknowledge receipt of all addenda may result in
proposal disqualification.
Enter Initial to Enter Initial to Enter Initial to
Confirm Confirm Confirm Receipt
Receipt Receipt
Jp Addendum 1 Addendum 6 Addendum 11
Addendum 2 Addendum 7 Addendum 12
Addendum 3 Addendum 8 Addendum 13
Addendum 4 Addendum 9 Addendum 14
Addendum 5 Addendum 10 Addendum 15
If additional confirmation of addendum is required, submit under separate cover.
SECTION 3 - CONFLICT OF INTER'EST
All bidders must disclose the name(s) of any officer, director agent or immediate family member (spouse,
parent, sibling, and child) who is also an.employee of the City of Miami Beach. Further, all bidders must
disclose the name of anyCity employee who owns, either directly or indirectly, an interest of ten (10%)
percent or more in the bidder entity or any of its affiliates.
FIRST AND LAST NAME RELATIONSHIP
1
2
3
4
5
6
SECTION 4 m FINANCIAL CAPACITY
At time of request by the C►ty, bidder shall request that Dun & Bradstreet submit its Supplier
Qualifier Report�tly to the City, with bid or within three 3 days of request. Bidder shall arrangeor
Dun & Bradstreet to submit a Supplier Qualification Report (S )) direcctom t lie Ci No proposal will be
considered without receipt (when requested), b the City, of the SQR directlyfrom Dun & Bradstreet. The
st of the preparation of th SQR shll be t responsibility of the bidder.Th bidder shall request the SQR
report from D&B at:
hops://supplierportal.dnb.com/webapp/wcs/stores/servlet/SupplierPortal?storeld=11696
Bidders are responsible for the accuracy of the information contained in its SQR. It is highly
recommended that each bidder review the information contained in its SQR for accuracy prior to
submittal to the City and as early as possible in the solicitation process. For assistance with any
portion of the SQR submittal process,contact Dun & Bradstreet at B00-424-2495.
Project Title I NKuJtu I HILL
idder shall submit at least three (3) references for whom the bidder has completed work similar in size and
nature as the work referenced in solicitation. Bidder may submit additional references as part of its bids
submittal.
Reference No.1
Firm Name: Biscayne National Park
Contact Individual Name and Title: Brandon Falls, Chief
Address: Biscayne National Park
•
Telephone: 7863353655
Contact's Email: bradon_falls@nps.gov
Narrative on Scope of Services Provided:
Build & deliver new 30ST
•
Reference No.2
Firm Name: South Carolina Dept. of Natural ResourcE
Contact Individual Name and Title: Captain Michael Paul Thomas
Address: 217 Fort Johnson Road Charleston,SC 29412
Telephone: 8439539307
Contact's Email: thomasmp@dnr.sc.gov
Narrative on Scope of Services Provided:
Build and deliver new 25 Bays, 25T's, 28T's,
35ST, and 39ST.
•
https://www.bidsync.com/DPXViewer 4/13
DocuSign Envelope ID:E6878081-7E5C-4F32-8F01-71 F6C22DEOAA DPX Form
Reference No.3
Firm Name: Missouri State Highway Patrol
Contact Individual Name and Title: Gregory J. Rehagen,Assistant Director-Technical Section
Address: 1510 East Elm Street,Jefferson City, MO 65102
Telephone: 5735267181 ext 169`-
Contact's Email: greg.rehagen@mshp.dps.mo.gov
Narrative on Scope of Services Provided:
Build & deliver new 30ST's.
D NO
If answer to above is"YES," bidder shall submit a statement detailing the reasons that led to action(s):
SECTION 7 -SMALL AND DISADVANTAGED BUSINESS CERTIFICATION
Pursuant to Resolution 2020-31519, the City is tracking the Small and Disadvantaged Businesses, as
certified by Miami-Dade County that have been certified-as Small or Disadvantaged Business by Miami-
Dade County.
Does bidder possess Small or Disadvantaged Business certification by Miami-Dade County?
SECTION 8 - LGBT BUSINESS ENTERPRISE CERTIFICATION
Pursuant to Resolution 2020-31342, the City is tracking the utilization of LGBT owned firms that have been
certified as an LGBT Business Enterprise by the National Gay and Lesbian Chamber of Commerce
(NGLCC).
Does bidder possess LGBT Business Enterprise Certification by_tthe NGLCC?
0 YE NO
SECTION 9 - BYRD ANTI-LOBBYING AMENDMENT CERTIFICATION FORM
APPENDIX A,44 C.F.R. PART 18—CERTIFICATION REGARDING LOBBYING
Certification for Contracts, Grants, Loans,and Cooperative Agreements
The undersigned Contractor certifies,to the best of his or her knowledge,that:
1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for
influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or
employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal
contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative
agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan,
or cooperative agreement.
2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or
attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or
cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report
Lobbying,"in accordance with its instructions.
3. The undersigned shall require that the language of this certification be included in the award documents for all
subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative
agreements)and that all subrecipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this transaction was made or
entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31,
U.S.C. § 1352 (as amended by the Lobbying Disclosure Act of 1995). Any person who fails to file the required
certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such
failure.
The undersigned Contractor certifies or affirms the truthfulness and accuracy of each statement of its certification and
disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. § 3801 et seq.,
apply to this certification and disclosure, if any.
By virtue of submitting bid, bidder certifies or affirms its compliance with the Byrd Anti-Lobbying Amendment Certification.
https://www.bidsync.com/DPXViewer 6/13
DocuSign Envelope ID:E6878081-7E5C-4F32-8F01-71F6C22DEOAA DPX Form
Name and Title of Bidder's Authorized Signature of Bidder's Authorized
Representative: Representative:
Jessica Ocasio,Sales Administration Jessica Ocasio
DocuSign Envelope ID:E6878081-7E5C-4F32-8F01-71F6C22DEOAA DPX Form
SECTION 10 ® SUSPENSION AND DEBARMENT CERTIFICATION
The Contractor acknowledges that:
(1)This Contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000.As such the contrac
is required to verify that none of the Contractor, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined
2 C.F.R. § 180.905)are excluded (defined at 2 C.F.R. § 180.940)or disqualified (defined at 2 C.F.R. § 180.935).
(2)The Contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000,subpart C and must includh
requirement to comply with these regulations in any lower tier covered transaction it enters into.
(3) This certification is a material representation of fact relied upon by the City. If it is later determined that t
Contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart.C, in addition to remedi
available to the City, the Federal Government may pursue available remedies, including but not limited to suspensi
and/or debarment.
(4).The Contractor agrees to comply with the requirements oft C.F.R. pt. 180,subpart C and 2 C.F.R. pt. 3000,subp
C while this offer is valid and throughout the period of any contract that may arise from this offer.The Contractor furti
agrees to include a provision requiring such compliance in its lower tier covered transactions."
By virtue of submitting bid, bidder certifies or affirms its compliance with the Suspension and Debarment Certification.
Name and Title of Bidder's Authorized Signature of Bidder's Authorized
Representative: Representative:
Jessica Ocasio,Sales Administration Jessica Ocasio
SECTION 11 -CONE OF SILENCE
Pursuant to Section 2-486 of the City Code, all procurement solicitations once advertised and until an awa
recommendation has been forwarded to the City Commission by the City Manager are under the "Cone
Silence." The Cone of Silence ordinance is availak
at bt.lps://library.municode.com/fl/miami beach/codes/code of ordinance
nodeld=SPAGEOR CH2AD ARTV1 C _ 4 _S2-486COS
Any communication or inquiry in reference to this solicitation with any City employee or City official is stric
prohibited with the of exception communications with the Procurement Director, or his/her administrative st
responsible for administering the procurement process for this solicitation providing.said communication
limited to matters of process or procedure regarding the solicitation. Communications regarding tl
solicitation are to be submitted in writing to the Procurement Contact named herein with a copy to the C
Clerk at rafaelgranado@miamibeachfl.gov.
By virtue of submitting bid, bidder certifies that it is in compliance with the Cone of Silence Ordinance,
pursuant to Section 2-486 of the City Code.
SECTION 12 CODE OF BUSINESS ETHICS
Pursuant to City Resolution No.2000-23789, the Bidder shall adopt a Code of Business Ethics prior
executing a contract with the City. The Code of Business Ethics shall be submitted to the Procureme
Department with its response or within three (3) days of request by the City. The Code shall, at a minimu
require the Bidder, to comply with all applicable.govemmental rules and regulations including, among othe
the conflict of interest, lobbying and ethics provision of the City Code. In lieu of submitting Code of Busine
Ethics, bidder may indicate that it will adopt, as required in the ordinance, the City of Miami Beach Code
Ethics, available at http://www.miamibeachfl.gov/city-hall/procurement/procurement-related-ordinance-ar
procedures/
Bidder will submit firm's Code of Business, Ethics within three f3
N days of request by the City?
Bidder adopts the City of Miami Beach Code of Business Ethics?
O YES O NO
SECTIO,°i 13 ® LOBBYIST REGISTRATION & CAMPAIG, CONTRIBUTION
REQUIREMENTS
This solicitation is subject to, and all bidders are expected to be or become familiar with, all City lobby
laws, including lobbyist registration requirements and prohibition on campaign contributions, including:
• Lobbyist Registration Requirements sections 2-397 through 2-485.3 of City Code
(https://library.municode.com/fl/miami beach/codes/code of ordinances?
nodeld=SPAGEOR CH2AD ARTVIISTCO DIV3L0)
• Campaign Contribution Requirements sections 2.487 and 2-488 of City Code
(https://fibrary.municode.com/fl/miami beach/codes/code of ordinances?
nodeld=SPAGEOR CH2AD ARTVIISTCO DIV5CAFIRE) —
By virtue of submitting.bid,-bidder certifies or affirms that they have read and understand the above Lobby
Registration &Campaign Contribution Requirements.
https://www.t
DocuSign Envelope ID:E6878081-7E5C-4F32-8F01-71 F6C22DEOAA DPX Form
SECTION 14— NON-DISCRIMINATION
The Non-Discrimination ordinance is available at:
https://library.municode.com/fl/miami beach/codes/code of ordinances?
nodeld=SPAGEOR CH2AD ARTVIPR DIV3COPR S2375NSCCOREWA
By virtue of submitting bid, bidder agrees it is and shall remain in full compliance with Section 2-375 of the City of Mie
Beach City Code.
SECTION 15 —.FAIR CHANCE REQUIREMENT
The Fair Chance Ordinance No. 2016-4012 is available at:
hht�tt.pps://library.municode.com/fl/miami_beach/codes/code_of_ordinance
nodeld=SPAGEOR CH62HURE ARTVFACHOR
By virtue of submitting bid, bidder certifies that it has adopted policies, practices and standards consistent with 1
City's Fair Chance Ordinance. Bidder agrees to provide the City with supporting documentation evidencing
compliance upon request. Bidder further agrees that any breach of the representations made herein shall constitute
material breach of contract, and shall entitle the City to the immediate termination for cause of the agreement,
addition to any damages that may be available at law and in equity.
SECTION 16 — PUBLIC ENTITY CRIMES
Please refer to Section 287.133(2)(a), Florida Statutes, available at:
https://www.flsenate.gov/Laws/Statutes/2012/287.133
By virtue of submitting bid, bidder agrees with the requirements of Section 287.133, Florida Statutes, and certifies it h
not been placed on convicted vendor list.
SECTION 17 VETERAN BUSINESS ENTERPRISES PREFERENCE
Pursuant to City of Miami Beach Ordinance No. 201
3748 https://libraunicode.com/fl/miami beach/codes/code of ordinance
nodeld=SPAGEOR CH2AD ARTVI�'R DIV3COPR S2-374PRPRPRVECOGOCOSE the-city shall give
preference to a responsive and responsible bidder which is a small business concern owned and confroll
by a veteran(s) or which is a service-disabled veteran business enterprise, and which is within five pert€
(5%) of the lowest and best bidder, by providing such bidder an opportunity of providing said goods
contractual services for the lowest responsive bid amount. Whenever, as a result o the foregoi
preference, the adjusted prices of two (2) or more bidders which are a small business concern owned a
controlled by a veteran(s)-or a service-disabled veteran business enterprise constitute the lowest k
pursuant to an ITB, RFP, RFQ, ITN or oral or written request for quotation, and such bids are responsi\
responsible and otherwise equal with respect to quality and service, then the award shall be made to t
service-disabled veteran business enterprise.
Is the bidder a service-disabled veteran business enterprise certified by the State of Florida?
p YES p NO
Is the bidder a service-disabled veteran business enterprise certified by the United States Federal Government?
0 YES p NO
SECTION 7 - FOI IAI RFNFFITS FOR FMPI C)YFFS WITH SPOUSES
AND EMPLOYEES WITH DOMESTIC PARTNERS
When awarding competitively solicited contracts valued at over$100,000 whose contractors maintain 51 or more
time employees on their payrolls during 20 or more calendar work weeks, the Equal Benefits for Domestic Partn(
Ordinance 2005-3494 requires certain contractors doing business with the City of Miami Beach, who are awardec
contract pursuant to competitive bids, to provide "Equal Benefits" to their employees with domestic partners, as th
provide to employees with spouses.The Ordinance applies to all employees of a Contractor who work within the C.
limits of the City of Miami Beach, Florida; and the Contractor's employees located in the United States, but outside
the City of Miami Beach limits,who are directly performing work on the contract within the City of Miami Beach.
Does bidder provide or offer access to any benefits to employees with spouses or to spouses of employees?
O YES O NO
Does bidder provide or offer access to any benefits to employees with(same or opposite sex) domestic partners or
domestic partners of employees?
YES O NO
Please check all benefits that apply to your answers above and list in the "other" section any additional benefits i
already specified. Note: some benefits are provided to employees because they have a spouse or domestic partn
such as bereavement leave; other benefits are provided directly to the spouse or domestic partner, such as medii
insurance.
Bidder Provides for Bidder Provides for Bidder does not
BENEFIT Employees with Employees with Provide Benefit
Spouses Domestic Partners
Health x x
Sick Leave x x
Family Medical x x
Leave
Bereavement Leave x x
If Bidders cannot offer a benefit to domestic partners because of reasons outside your control, (e.g., there are
insurance providers in your area willing to offer domestic partner coverage) you may be eligible for Reasonal
Measures compliance. To comply on this basis, you must agree to pay a cash equivalent and submit a complet
Reasonable Measures Application with all necessary documentation. Your Reasonable Measures Application will
reviewed for consideration by the City Manager, or his designee. Approval is not guaranteed and the City Manage
decision is final. Further information on the Equal Benefits requirement is available at http://www.miamibeachfl.gov/ci
hall/procurement/procurement-related-ordinance-and-procedures/
https://www.t
DocuSign Envelope ID:E6878081-7E5C-4F32-8F01-71F6C22DEOAA DPX Form
Please enter your password below and click Save to update your response.
Please be aware that typing in your password acts as your electronic signature,which is just as legal and binding as an original
signature.(See Electronic Signatures in Global and National Commerce Act for more information.)
To take exception:
1)Click Take Exception.
2)Create a Word document detailing your exceptions.
3)Upload exceptions as an attachment to your offer on BidSync's system.
By completing this form,your bid has not yebeen submitted. Please click on the place offer buttorto finish filling out your bid.
Usemame jessica@contenderboats.com
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Al 1 AL1'1IVICIV I U
INSURANCE REQUIREMENTS
DocuSign Envelope ID:E6878081-7E5C-4F32-8F01-71F6C22DEOAA
iA IBEACH.
TYPE 2 -GOODS, SERVICES & MAINTENANCE
INSURANCE REQUIREMENTS
The vendor shall maintain the below required insurance in effect prior to awarding the contract and for the
duration of the contract. The maintenance of proper insurance coverage is a material element of the
contract and failure to maintain or renew coverage may be treated as a material breach of the contract,
which could result in withholding of payments or termination of the contract.
A. Worker's Compensation Insurance for all employees of the vendor as required by Florida
Statute 440,and Employer Liability Insurance for bodily injury or disease.Should the vendor
be exempt from this Statute, the vendor and each employee shall hold the City harmless
from any injury incurred during performance of the Contract. The exempt vendor shall also
submit (i) a written statement detailing the number of employees and that they are not
required to carry Workers' Compensation insurance and do not anticipate hiring any
additional employees during the term of this contract or (ii) a copy of a Certificate of
Exemption.
B. Commercial General Liability Insurance on an occurrence basis, including products and
completed operations, property damage, bodily injury and personal&advertising injury with
limits no less than$1,000,000 per occurrence, and $2,000,000 general aggregate.
C. Automobile Liability Insurance covering any automobile, if vendor has no owned
automobiles, then coverage for hired and non-owned automobiles, with limit no less than
$1,000,000 combined per accident for bodily injury and property damage.
Additional Insured -City of Miami Beach must be included by endorsement as an additional insured with
respect to all liability policies(except Professional Liability and Workers'Compensation)arising out of work
or operations performed on behalf of the vendor including materials, parts, or equipment furnished in
connection with such work or operations and automobiles owned, leased, hired or borrowed in the form of
an endorsement to the vendor's insurance.
Notice of Cancellation - Each insurance policy required above shall provide that coverage shall not be
cancelled, except with notice to the City of Miami Beach c/o EXIGIS Insurance Compliance Services.
Waiver of Subrogation—Vendor agrees to obtain any endorsement that may be necessary to affect the
waiver of subrogation on the coverages required. However, this provision applies regardless of whether
the.City has received a waiver of subrogation endorsement from the insurer.
Acceptability of Insurers — Insurance must be placed with insurers with a current A.M. Best rating of
A:VII or higher. If not rated, exceptions may be made for members of the Florida Insurance Funds (i.e.
FWCIGA, FAJUA). Carriers may also be considered if they are licensed and authorized to do insurance
business in the State of Florida.
Verification of Coverage — Vendor shall furnish the City with original certificates and amendatory
endorsements, or copies of the applicable insurance language, effecting coverage required by this
contract. All certificates and endorsements are to be received and approved by the City before work
CERTIFICATE HOLDER MUST READ:
CITY OF MIAMI BEACH
c/o EXIGIS Insurance Compliance Services
P.O. Box 4668—ECM#35050
New York, NY 10163-4668
Kindly submit all certificates of insurance,endorsements,exemption letters to our servicing agent, EXIGIS,
at:
Certificates-miamibeach(a�riskworks.com
Special Risks or Circumstances - The City of Miami Beach reserves the right to modify these
requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other
special circumstances.
Compliance with the foregoing requirements shall not relieve the vendor of his liability and obligation under
this section or under any other section of this agreement.