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ITB-18-085-04 Sam Tell & Son Inc.MIAMIBEACH City of Miami Beach, 1755 Meridian Avenue, 3`d Floor, Miami Beach, Florida 33139, www.miamibeachfl.gov PROCUREMENT DEPARTMENT Tel: 305-673-7490, Fax: 786-394-4235 SENT VIA E-MAIL TO: fsmilow(a�samtell.com April 4, 2018 Fred Smilow Sam Tell and Son Inc. 300 Smith Street Farmingdale, NY. 11735 RE: NOTICE OF AWARD OF CONTRACT PURSUANT TO INVITATION TO BID (ITB) 2018 -085 -ZD for MBCC FOOD SERVICE EQUIPMENT (BID ITEM 1 & 6). Dear Mr. Smilow: On February 1, 2018, Sam Tell and Son Inc. submitted to the City of Miami Beach, Florida (the "City') a bid in response to the above -referenced ITB. The ITB stipulates, pursuant to Section 0200, Sub -Section 16, Binding Contract, that the approval of the City Manager's recommendation by the Mayor and City Commission shall constitute a binding Contract between the City and the awarded bidder. Accordingly, this letter shall serve as official notice from the City that the Mayor and Commission, at its March 7, 2018 meeting, approved the City Manager's recommendation, pursuant to the ITB, to award a contract to Sam Tell and Son Inc., ("Contractor") for the following items: Bid Item 1: 2 High Speed Commercial Convection/Microwave Oven Bid Item 6: Hot Dog Machine No goods may be shipped or services performed (as applicable) until such time as the City has issued a Purchase Order to the Contractor. Before proceeding with the issuance of a Purchase Order, the following items are required: 1. A certificate of insurance, with limits as indicated in the ITB, reflecting the City of Miami Beach as additional insured. Certificates need to include the following as Certificate Holder: The City of Miami Beach, Florida 0/0 Procurement Department 1755 Meridian Avenue Miami Beach, FL 33139 2. A completed W9. The W9 will be used to create the Contractor's profile in the City's vendor system. Congratulations on being awarded the contract for the above referenced item(s). If you have any questions regarding this letter of notification of award, you may contact Jorge Gueimunde, Contract Analyst, Procurement Department, at JorgeGueimundena miamibeachfl.gov or at 305.673.7490. Otherwise, all other questions should be addressed to the Contract Manager for this contract, Luis Wong, Senior Administrative Manager, Tourism, Culture and Economic Development Department, at luiswong@miamibeachfl.gov or (305) 673-7000 ext. 6617. Jimmy Morales City Manager / E/AG We are committed to providing excellent public service and safety to all who live, work, and play in our vibrant, tropical, historic community. ATTACHMENT A RESOLUTION COMMISSION ITEMS AND COMMISSION MEMORANDUM Item Coversheet Page 1 of 2 Competitive Bid Reports - C2 C MIAMI BEACH, COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Jimmy L. Morales, City Manager DATE: March 7, 2018 SUBJECT: REQUEST FOR APPROVAL TO AWARD A CONTRACT PURSUANT TO INVITATION TO BID (ITB) NO. 2018 -085 -ZD FOR MIAMI BEACH CONVENTION CENTER (MBCC) FOOD SERVICE EQUIPMENT. RECOMMENDATION The administration recommends that the Mayor and City Commission of the City of Miami Beach, Florida approve the City Manager's recommendation pertaining to the bids received, pursuant to ITB 2018 -085 -ZD, Miami Beach Convention Center (MBCC) Food Service Equipment. ANALYSIS The Miami Beach Convention Center's (MBCC) renovation will incorporate a robust portable food cart program to accommodate the food and beverage (F&B) needs of its customers. The portable food carts are designed in a manner that allows the Convention Center to tailor its food program for the demographics of each show. To do this, a number of types of equipment are necessary for food carts to be fully functional, including microwave ovens, grills, toasters, fryers, woks, hot dog machines, and warming trays. All of the equipment to be procured within this bid will be utilized in conjunction with the portable food carts. The equipment can be mixed and matched to allow the Convention Center to accommodate any type of food service that its needs to offer. In turn, this allows MBCC to change each of the cart offerings to be in line with the demographics and sales for any show. The carts were designed to handle all types of the referenced equipment expanding the ability to create new and exciting cuisine types — turning typical convention center dining into a true culinary experience. ITB PROCESS ITB No. 2018 -085 -ZD was issued on January 2. 2018, with a bid opening date of February 1, 2018. One (1) addendum was issued. The Procurement Department issued bid notices to 159 companies utilizing www.publicpurchase.com website. Sixty-four (64) prospective bidders accessed the advertised solicitation. The notices resulted in the receipt of five (5) bids from: Chefs Depot, Inc., Douglas Food Stores, Inc., K2 Evolution, LLC., Sam Tell and Son, Inc., and W.H. Reynolds Distributor, LLC. See tabulation sheet (Attachment A). The bid submittals from all bidders complied with the bid submittal requirements as stated in the ITB and, accordingly, all bidders have been deemed responsive and responsible. Where alternate products were offered, the requesting department has verified compliance with specifications. As part of its due diligence, the Procurement Department reviewed and verified the references provided by all of the bidders recommended for award. The client references provided positive feedback with regards to the bidders' ability to supply the specified high quality products and services, provide excellent customer service, prompt deliveries, and expedited problem resolutions. Where alternate products were offered, the requesting department has verified compliance with specifications. The ITB stated that the lowest responsive, responsible bidder meeting all terms, conditions, and specifications of the ITB would be recommended for award as deemed in the best interest of the City. The lowest bidder for each item is as follows: I Bid Item Description Bidder 1 2 High Speed Commercial Convection/ Microwave Oven Sam Tell & Son, Inc. 2 Two Sided Grill with Electronic Timers and with Pro Lift Hinge Douglas Food Stores, Inc. 3 AT -Express Commercial Radiant Conveyor Toaster V.H. Reynold Distributor, LLC 4 Greaseless Fryer Express System V.H. Reynold Distributor, LLC 5 Countertop Induction Wok Douglas Food Stores, Inc. 6 Hot Dog Machine Sam Tell & Son, Inc. I 7 26" Portable Countertop Warming Shelf Chef's Depot https://miamibeach.novusagenda.com/AgendaWeb/CoverSheet.aspx?ItemID=7015 2/27/2018 Item Coversheet Page 2 of 2 Below is a brief summary of the companies and breakdown for award of each of the items. Chef's Depot, Inc. According to the information provided by Chefs Depot, its goal is to provide its customers with excellent service and dedication to perfection, while expanding and innovating within the food service industry. Its overriding principle, as an upstart in 1999 and today, is to work with each customer every step of the way to help them meet their individual foodservice goals in the most practical, time efficient, and cost effective manner. Some of the client segments it works along with are: healthcare, educational facilities, supermarkets, and hospitality restaurants. Its main capabilities include: distribution, custom fabrication, design execution, and logistics and installation. Douglas Food Stores, Inc. According to the information provided by Douglas Food Stores, it was established in 1986 and today is amongst one of the top 100 food service equipment distributors in America, supplying customers with a wide range of products. Douglas Equipment was founded on the principles of honesty and integrity and continues to operate on these values. It works with its customers to provide the highest quality products available. Some of the client segments it works along with are: restaurants, convenience stores, government institutions, public and private schools, and any facility in need of commercial food service equipment. Its main capabilities include: consultation, sales, delivery and installation. Amongst its most recent achievements is the receipt of Foodservice Equipment & Supplies Magazine's Top 100 Distribution Giant from 2013-2016. Sam Tell & Son, Inc. According to the information provided by Sam Tell and Son, it was founded in 1956 by a father and son team. The Sam Tell Companies have grown to be preeminent among the nation's largest restaurant and food service equipment and supplies dealerships. It has grown from a modest two-man operation to their current stature of over seventy-five (75) employees with two locations: their corporate office and 75,000 square foot warehouse located in Farmingdale, N.Y. and their design showroom in New York City. The knowledge and experience of an empowered staff allows them to provide superior customer service in the industry. This reputation and the pursuit of outstanding service. enable Sam Tell to continue to be a leader in the food service industry. It was recently ranked 30 on the Food Service Equipment & Supplies Top 100 Suppliers. The company motto "Design, Build, Supply" exemplifies all of the services that Sam Tell offers their customers. W.H. Reynolds Distributors, LLC. According to the information provided by W.H. Reynolds Distributors, since its inception in 2000, it has offered foodservice operators an unparalleled level of service by combining the hands-on support and local market knowledge of a strong regional supplier with the purchasing strength, industry expertise, and delivery and installation capabilities of a national company. It works closely with its customers who include national restaurant chains, independent restaurant operators, healthcare facilities, entertainment venues, to provide the products and services that will help them operate more efficiently and realize better bottom line results. Their vision is to be their customer's single source for the most advanced capabilities in the following areas: small wares & equipment distribution, multi -unit & national chain fulfillment, kitchen design, interior design & engineering, and custom fabrication, project management, & installation. CONCLUSION After considering the bids received and staffs evaluation, pursuant to ITB 2018 -085 -ZD, I recommend that the Mayor and City Commission of the City of Miami Beach, Florida, approve the award of items 1 and 6 to Sam Tell & Son, Inc., items 2 and 5 to Douglas Food Stores, Inc., items 3 and 4 to V.H. Reynolds Distributor, LLC, and item 7 to Chefs Depot; and further authorize the Mayor and City Clerk to execute the contracts. Amount 1 $77,852.16 Account 1 308-0821-000674-00-410-000-00-00-00- 28160 Legislative Tracking Tourism, Culture and Economic Development/Procurement ATTACHMENTS: Description Ca Attachment A https://miamibeach.novusagenda.com/AgendaWeb/CoverSheet.aspx?ItemID=7015 2/27/2018 ATTACHMENT A ITB 2018 -085 -ZD MBCC FOOD SERVICE EQUIPMENT an 0 0 0 o 0 0 a WH Reynolds Distributor, LLC. K2 Evolution,I DAIRery Unit Prices Extended Prices Delivery ARO I Unit Prices 14 $ 9,535.00 $ 38,140,00 21 5 10,960.00 0 ,7,,.. 8 n 0 o e 0 v ry 0 m 0 0 a 0 0 n 0 0 2 0 4. M a 0 0 N 0 0, 0 6 o 0 LA m 0 o m Sam Tell & Son, Inc. DeliveryAUnit Prices Extendeddde es 30 $ 9,161.04 $ 36,644.16 `a reo m 0 o d 0 8 4 o 8 m 22. m m o $ 3,950.00 4 ,n n m O 2 2 „Of m $ 1,820.36 $ 14,562.88 $ 627.17 $ 2,508.68 V a O O Q 6 e $ 978.81 $ 3,915.24 a ti ti o ao PI 2 m M M m Extended Prices $ 40,042.24 $ 660.45 $ 2,641.80 0 ac a o m 1 O H ,r ac 0 ry in ' v o in OI 0 ry in 0 ,Ln $ 150.08 2 2 m m m M Make/Model Turbo Chef Encore Pro -Max /CGI4IEGT APW Wyott Greaseless Fryer Express GSII Manitowoc/ GIWOK- 5.0 8 u I La Cadco/ WT -105 e a os v c v o w DESCRIPTION 2 High Speed Commercial Convection/ Microwave Oven Two Sided Grill with Electronic Timers and with Pro Lift Hinge AT -Express Commercial Radiant Conveyor Toaster Greaseless Fryer Express System Countertop Induction Wok Hot Dog Machine 26" Portable Countertop Warming Shelf m w ,, v .n m ATTACHMENT B INVITATION TO BID (ITB) AND ADDENDUMS MIAMIBEACH. Procurement Department, 1755 Meridian Avenue, 3rd Floor, Miami Beach, Florida 33139, www.miamibeachfl.gov, 305-673-7490 ADDENDUM NO. 1 INVITATION TO BID NO. 2018 -085 -ZD MIAMI BEACH CONVENTION CENTER (MBCC) FOOD SERVICE EQUIPMENT January 25, 2018 This Addendum to the above -referenced ITB is issued in response to questions from prospective bidders, 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. RESPONSES TO QUESTIONS RECEIVED: 01. Is this ITB for local vendors only or are any vendors allowed to bid? Al. Any bidder that is able to meet the requirements of the ITB will be considered. Q2. The bid asks for inside delivery. Is the convention center staff going to do the installation, including uncrate, set -in-place, etc.? A2. Yes, the convention center staff will handle uncrating and installation. However, all equipment should be complete and ready for use (including power cords) when shipped. Q3. Please advise us if installation is required? A3. Please refer to response A2 above. Q4. What is the make and model for item 4, greaseless fryer express system? A4. Quick N' Crispy (Model # GF2), or approved equal. 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 RafaelGranadomiamibeachfl.qov Contact: Telephone: Email: Zuleika Davidson 305-673-7000 ext. 6943 zuleikadavidson(c�miamibeachfl.gov Bidders are reminded to acknowledge receipt of this addendum as part of your ITB submission. Potential bidders that have elected not to submit a response to the ITB are requested to complete and return the "Notice to Prospective Bidders" questionnaire with the reason(s) for not submitting a proposal. Si Alex Procurement Director INVITATION TO BID (ITB) MIAMI BEACH CONVENTION CENTER (MBCC) FOOD SERVICE EQUIPMENT 2018 -085 -ZD BID ISSUANCE DATE: JANUARY 2, 2018 BID DUE: FEBRUARY 1, 2018 @ 3:00 PM ISSUED BY: ZULEIKA DAVIDSON MIAMIBEACH ZULEIKA DAVIDSON, CONTRACTING OFFICER I PROCUREMENT DEPARTMENT 1755 MERIDIAN AVE, 3RD FLOOR, Miami Beach, FL 33139 305.673.7000 x 6943 I www.miamibeachfl,gov MIAMI BEACH TABLE OF CONTENTS SOLICITATION SECTIONS: PAGE 0100 NOT UTILIZED N/A 0200 INSTRUCTIONS TO BIDDERS & GENERAL CONDITIONS 3 0300 BID SUBMITTAL INSTRUCTIONS & FORMAT 15 APPENDICES: APPENDIX A PROPOSAL CERTIFICATION, QUESTIONNAIRE AND AFFIDAVITS 16 APPENDIX B "NO BID" FORM 23 APPENDIX C MINIMUM REQUIREMENTS & SPECIFICATIONS 25 APPENDIX D SPECIAL CONDITIONS 34 APPENDIX E COST PROPOSAL FORM 38 APPENDIX F INSURANCE REQUIREMENTS 40 ITB 2018 -085 -ZD 2 MIAMI BEACH SECTION 0200 INSTRUCTIONS TO BIDDERS AND GENERAL CONDITIONS 1. GENERAL. This Invitation to Bid (ITB) is issued by the City of Miami Beach, Florida (the "City"), as the means for prospective Proposers 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 Proposers and, subsequently, the successful Bidders(s) (the "vendor[s]") if this ITB results in an award. The City utilizes PublicPurchase (www.publicpurchase.com) for automatic notification of competitive solicitation opportunities and document fulfillment, including the issuance of any addendum to this ITB. Any prospective Bidder who has received this ITB by any means other than through PublicPurchase must register immediately with PublicPurchase 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 of Miami Beach is seeking bids from experienced and qualified bidders to obtain pricing for the purchase, delivery, and unloading of food service equipment to be utilized by the City's food provider, Centerplate, at the Miami Beach Convention Center (MBCC). Interested firms must submit a bid for all items, or the approved equals, indicated on the Cost Proposal Form (Appendix E) to be considered. The requirements and specifications are further detailed herein and, specifically, in Appendix C. 3. SOLICITATION TIMETABLE. The tentative schedule for this solicitation is as follows: ITB Issued January 2, 2018 Pre -Bid Meeting January 12, 2018 at 10:00 a.m. Deadline for Receipt of Questions January 22, 2018 at 3:00 p.m. Responses Due February 1, 2018 at 3:00 p.m. Tentative Commission Approval Authorizing Award TBD 4. PROCUREMENT CONTACT. Any questions or clarifications concerning this solicitation shall be submitted to the Procurement Contact noted below: Procurement Contact: Telephone: Email: Zuleika Davidson 305-673-7000 x 6943 zuleikadavidson@miamibeachfl.gov dditionally, the City Clerk is to be co . ied on all communications via e-mail at: RafaelGranado . miamibeachfl. s 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 Proposers in the form of an addendum. ITB 2018 -085 -ZD 3 4. PRE-BID MEETING OR SITE VISIT(S). A Site Visit and Pre -Bid conference will be held as scheduled in Solicitation Timeline above at the following addresses: Pre -Bid Conference: City of Miami Beach Procurement Department Conference Room 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 Attendance (in person or via telephone) is encouraged and recommended as a source of information, but is not mandatory. Proposers interested in participating in the Pre -Bid Submission Meeting via telephone must follow these steps: (1) Dial the TELEPHONE NUMBER: 1- 888-270-9936 (Toll-free North America) (2) Enter the MEETING NUMBER: 9415468 Proposers who are interested in participating via telephone should send an e-mail to the contact person listed in this ITB expressing their intent to participate via telephone. 5. 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-bid meeting or site visit(s). Only questions answered by written addenda will be binding and may supersede terms noted in this solicitation. Addendum will be released through PublicPurchase. 6. 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://library.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. 7. SPECIAL NOTICES. You are hereby advised that this solicitation is subject to the following ordinances/resolutions, which may be found on the City Of Miami Beach website: http://web.miamibeachfl.qov/procurement/scroll.aspx?id=23510 • CONE OF SILENCE • PROTEST PROCEDURES • DEBARMENT PROCEEDINGS • LOBBYIST REGISTRATION AND DISCLOSURE OF FEES • CAMPAIGN CONTRIBUTIONS BY VENDORS • CAMPAIGN CONTRIBUTIONS BY LOBBYISTS ON PROCUREMENT ISSUES • REQUIREMENT FOR CITY CONTRACTORS TO PROVIDE EQUAL BENEFITS FOR DOMESTIC PARTNERS • LIVING WAGE REQUIREMENT • PREFERENCE FOR FLORIDA SMALL BUSINESSES OWNED AND CONTROLLED BY VETERANS AND TO STATE -CERTIFIED SERVICE - DISABLED VETERAN BUSINESS ENTERPRISES CITY CODE SECTION 2-486 CITY CODE SECTION 2-371 CITY CODE SECTIONS 2-397 THROUGH 2-485.3 CITY CODE SECTIONS 2-481 THROUGH 2-406 CITY CODE SECTION 2-487 CITY CODE SECTION 2-488 CITY CODE SECTION 2-373 CITY CODE SECTIONS 2 107 THROUGH 2 110 CITY CODE SECTION 2-374 ITB 2018-085—ZD 4 • FALSE CLAIMS ORDINANCE CITY CODE SECTION 70-300 • ACCEPTANCE OF GIFTS, FAVORS & SERVICES CITY CODE SECTION 2-449 8. EXAMINATION OF SOLICITATION DOCUMENTS AND SITE: It is the responsibility of each Bidder, 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. • Notify the Procurement Director of all conflicts, errors or discrepancies in the solicitation of which Bidder knows or reasonably should have known. • The submission of a Bid shall constitute an incontrovertible representation by Bidder that Bidder has complied with the above requirements and that without exception, the Bid is premised upon performing and 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. 9. POSTPONEMENT OF DUE DATE FOR RECEIPT OF BIDS. The City reserves the right to postpone the deadline for submittal of bids and will make a reasonable effort to give at least three (3) calendar days written notice of any such postponement to all prospective Bidders through PublicPurchase. 10. PROTESTS. Protests concerning the specifications, requirements, and/or terms; or protests after the bid due date in accordance with City Code Section 2-371, which establishes procedures for protested proposals and proposed awards. Protests not submitted in a timely manner pursuant to the requirements of City Code Section 2-371 shall be barred. 11. NOT USED. 12. VETERAN BUSINESS ENTERPRISES PREFERENCE. Pursuant to City of Miami Beach Ordinance No. 2011- 3748, the City shall give a preference to a responsive and responsible bidder which is a small business concern owned and controlled by a veteran(s) or which is a service -disabled veteran business enterprise, and which is within five percent (5%) of the lowest and best bidder, by providing such bidder an opportunity of providing said goods or contractual services for the lowest responsive bid amount. Whenever, as a result of the foregoing preference, the adjusted prices of two (2) or more bidders which are a small business concern owned and controlled by a veteran(s) or a service -disabled veteran business enterprise constitute the lowest bid pursuant to an ITB or oral or written request for quotation, and such bids are responsive, responsible and otherwise equal with respect to quality and service, then the award shall be made to the service -disabled veteran business enterprise. 13. CONTRACT PRICE. Bid Price is to include the furnishing of all labor, materials, equipment including tools, services, permit fees, applicable taxes, overhead and profit for the completion of the Work except as may be otherwise expressly provided in the solicitation. 14. 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 Manager for his consideration. After considering the staff recommendation for award, the City Manager shall ITB 2018 -085 -ZD 5 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. 15. 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. 16. BINDING CONTRACT. The signed bid shall be considered an offer on the part of the bidder, which offer shall be deemed accepted upon award of the bid by the City Commission. The City Commission's selection or approval of the City Manager's recommendation shall constitute a binding Contract between the City and the awarded bidder(s). The Contract shall include the solicitation, any and all addenda issued by the City and the Bid Proposal submitted the by bidder. In any discrepancy between the documents, the order of preference shall be as follows: 1) Addendum in reverse order of release; 2) Solicitation; 3) Bid Proposal. In case of default on the part of the successful bidder, the City may procure the items or services from other sources and hold the bidder responsible for any excess cost occasioned or incurred thereby. 17. VOLUME OF WORK TO BE RECEIVED BY CONTRACTOR. It is the intent of the City to purchase the goods and services specifically listed in this solicitation from the contractor. However, the City reserves the right to purchase any goods or services awarded from state or other governmental contract, or on an as -needed basis through the City's spot market purchase provisions. 18. GENERAL TERMS AND CONDITIONS. It is the responsibility of the Bidder to become thoroughly familiar with the Bid requirements, terms and conditions of this solicitation. Ignorance by the Bidder of conditions that exist or that may exist will not be accepted as a basis for varying the requirements of the City, or the compensation to be paid to the Bidder. 19. ACCEPTANCE OR REJECTION OF BIDS. The City reserves the right to reject any or all bids prior to award. Reasonable efforts will be made to either award the Contract or reject all bids within one -hundred twenty (120) calendar days after bid opening date. A Bidder may not withdraw its bid unilaterally nor change the Contract Price before the expiration of one hundred and twenty (120) calendar days from the date of bid opening. A Bidder may withdraw its bid after the expiration of one hundred twenty (120) calendar days from the date of bid opening by delivering written notice of withdrawal to the Department of Procurement Management prior to award of the Bid by the Mayor and City Commission. 20. ALTERNATE RESPONSES MAY BE CONSIDERED. The City may consider one (1) alternate response from the same Bidder for the same formal solicitation; provided, that the alternate response offers a different product that ITB 2018 -085 -ZD 6 meets or exceeds the formal solicitation requirements. In order for the City to consider an alternate response, the Bidder shall complete a separate Price Sheet form and shall mark "Alternate Response". Alternate response shall be placed in the same response. This provision only applies to formal solicitations for the procurement of goods, services, items, equipment, materials, and/or supplies. 21. AMERICAN WITH DISABILITIES ACT. To request this material in accessible format, sign language interpreters, information on access for persons with disabilities, and/or any accommodation to review any document or participate in any city -sponsored proceeding, please contact 305-604-2489 (voice), 305-673-7524 (fax) or 305-673-7218 (TTY) five days in advance to initiate your request. TTY users may also call 711 (Florida Relay Service). 22. NON-DISCRIMINATION. The Proposer certifies that it is in compliance with the non-discrimination clause contained in 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. In accordance with the City's Human Rights Ordinance, codified in Chapter 62 of the City Code, Proposer shall prohibit discrimination by reason of race, color, national origin, religion, sex, intersexuality, gender identity, sexual orientation, marital and familial status, and age or disability. 23. ASSIGNMENT. The successful bidder shall not assign, transfer, convey, sublet or otherwise dispose of the contract, including any or all of its right, title or interest therein, or his/her or its power to execute such contract, to any person, company or corporation, without the prior written consent of the City. 24. AUDIT RIGHTS AND RECORDS RETENTION. The Successful Bidder agrees to provide access at all reasonable times to the City, or to any of its duly authorized representatives, to any books, documents, papers and records of Contractor which are directly pertinent to this formal solicitation, for the purpose of audit, examination, excerpts, and transcriptions. The Successful Bidder shall maintain and retain any and all of the books, documents, papers and records pertinent to the Contract for three (3) years after the City makes final payment and all other pending matters are closed. Contractor's failure to or refusal to comply with this condition shall result in the immediate cancellation of this contract by the City. 25. BID BONDS, PERFORMANCE BONDS, CERTIFICATES OF INSURANCE. Bid Bonds, when required, shall be submitted with the bid in the amount specified in the Special Conditions. After acceptance of the bid, the City will notify the successful bidder to submit a performance bond and certificate of insurance in the amount specified in the Special Conditions. 26. BILLING INSTRUCTIONS. Invoices, unless otherwise indicated, must show purchase order numbers and shall be submitted to the ordering City department. 27. CANCELLATION. In the event any of the provisions of this Bid are violated by the bidder, the City shall give written notice to the bidder 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 bidder. 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 bidder. 28. CITY'S RIGHT TO WAIVE OR REJECT BIDS. The City Commission reserves the right to waive any informalities or irregularities in this Bid; or to reject all bids, or any part of any bid, as it deems necessary and in the best interest of the City of Miami Beach. ITB 2018 -085 -ZD 7 29. CLARIFICATION AND ADDENDA TO BID SPECIFICATIONS. If a bidder is in doubt as to the true meaning of the Bid specifications, or other Bid documents, or any part thereof, the bidder must submit to the City, at least seven (7) calendar days prior to the scheduled Bid opening date, a request for clarification. Any interpretation of the Bid, including, without limitation, responses to questions and request for clarification(s) from bidders, will be made only by Addendum duly issued by the City. In the event of conflict with the original specifications, the Addendum shall supersede such specifications, to the extent specified. Subsequent Addendum shall govern over prior Addendum only to the extent specified. The bidder shall be required to acknowledge receipt of any and all Addendum, and filling in and signing in the spaces provided in section 5.0, Acknowledgements/Affidavits. Failure to acknowledge Addendum may deem a bid non-responsive. The City will not be responsible for explanations, interpretations, or answers to questions made verbally or in writing by any City representative, unless issued by the City via formal written Addendum to this Bid. Any questions or clarifications concerning the Bid shall be submitted in writing to the Department of Procurement Management (DPM), 1700 Convention Center Drive, Miami Beach, FL 33139 with a copy to the City Clerk. 30. COLLUSION. Where two (2) or more related parties each submit a bid or bids for any contract, such bids or bids shall be presumed to be collusive. The foregoing presumption may be rebutted by presentation of evidence as to the extent of ownership, control and management of such related parties in the preparation and submittal of such bid or bids. "Related parties" means bidders or the principals thereof which have a direct or indirect ownership interest in another bidder for the same contract, or in which a parent company or the principals thereof of one (1) bidder have a direct or indirect ownership interest in another bidder for the same contract. Bid or bids found to be collusive shall be rejected. Bidders who have been found to have engaged in collusion may also be suspended or debarred, and any contract resulting from collusive bidding may be terminated for cause. 31. CONDITION AND PACKAGING. Bidder guarantees items offered and delivered to be the current standard production model at time of bid and shall offer expiration dating of at least one year or later. Bidder also guarantees items offered and delivered to be new, unused, and free from any and all defects in material, packaging and workmanship and agrees to replace defective items promptly at no charge to the City of Miami Beach, for the manufacturer's standard warranty but in no case for a period of less than 12 months from date of acceptance. All containers shall be suitable for storage or shipment, and all prices shall include standard commercial packaging. 32. CONTRACT EXTENSION. The City reserves the right to require the Contractor to extend contract past the stated termination date for a period of up to 120 days in the event that a subsequent contract has not yet been awarded. Additional extensions past the 120 days may occur as needed by the City and as mutually agreed upon by the City and the contractor. 33. DELIVERY. Unless actual date of delivery is specified (or if specified delivery cannot be met), show number of days (in calendar days) required to make delivery after receipt of purchase order, in space provided. Delivery time may become a basis for making an award. Delivery shall be within the normal working hours of the City using Department, Monday through Friday, excluding holidays. Receiving hours are Monday through Friday, excluding holidays, from 8:30 A.M. to 4:00 P.M. 34. DELIVERY TIME. Bidders shall specify in the attached Bid Form, the guaranteed delivery time (in calendar days) for each item. It must be a firm delivery time; no ranges (For example, 12-14 days) will be accepted. ITB 2018 -085 -ZD 8 35. DEMONSTRATION OF COMPETENCY. A. Pre -award inspection of the bidder's facility may be made prior to the award of contract. B. Bids will only be considered from firms which are regularly engaged in the business of providing the goods and/or services as described in this Bid, C. Bidders must be able to demonstrate a good record of performance for a reasonable period of time, and have sufficient financial capacity, equipment, and organization to ensure that they can satisfactorily perform the services if awarded a contract under the terms and conditions of this Bid. D. the terms "equipment and organization", as used herein shall, be construed to mean a fully equipped and well established company in line with the best business practices in the industry, and as determined by the City of Miami Beach. E. The City may consider any evidence available regarding the financial, technical, and other qualifications and abilities of a bidder, including past performance (experience), in making an award that is in the best interest of the City. F. The City may require bidders to show proof that they have been designated as authorized representatives of a manufacturer or supplier, which is the actual source of supply. In these instances, the City may also require material information from the source of supply regarding the quality, packaging, and characteristics of the products to be supply to the City. Any material conflicts between information provided by the source of supply and the information contained in the bidder's bid may render the bid non-responsive. G. The City may, during the period that the contract between the City and the successful bidder is in force, review the successful bidder's record of performance to ensure that the bidder is continuing to provide sufficient financial support, equipment, and organization as prescribed in this bid. Irrespective of the bidder's performance on contracts awarded to it by the City, the City may place said contracts on probationary status and implement termination procedures if the City determines that the successful bidder no longer possesses the financial support, equipment, and organization which would have been necessary during the bid evaluation period in order to comply with the demonstration of competency required under this subsection. 36. DISPUTES. In case of any doubt or difference of opinion as to the items and/or services (as the case may be) to be furnished hereunder, the decision of the City shall be final and binding on all parties. 37. DISPUTES. In the event of a conflict between the Bid documents, the order of priority of the documents shall be as follows: A. Any contract or agreement resulting from the award of this Bid; then B. Addendum issued for this Bid, with the latest Addendum taking precedence; then C. The Bid; then D. The bidder's bid in response to the Bid. 38. DEFAULT. Failure or refusal of a bidder to execute a contract upon award, or withdrawal of a bid before such award is made, may result in forfeiture of that portion of any bid surety required as liquidated damages incurred by the City thereby; or, where surety is not required, failure to execute a contract as described above may be grounds for removing the bidder from the City's bidders list. 39. EQUIVALENTS. If a bidder offers makes of equipment or brands of supplies other than those specified in the Bid specifications, he must so indicate in his bid. Specific article(s) of equipment/supplies shall conform in quality, design and construction with all published claims of the manufacturer. The bidder shall indicate in the Bid Form the manufacturer's name and number if bidding other than the specified ITB 2018 -085 -ZD 9 brands, and shall indicate ANY deviation from the specifications as listed in the Bid. Other than specified items offered requires complete descriptive technical literature marked to indicate detailed conformance with specifications, and MUST BE INCLUDED WITH THE BID. NO BIDS WILL BE CONSIDERED WITHOUT THIS INFORMATION. THE CITY SHALL BE THE SOLE JUDGE OF EQUALITY AND ITS DECISION SHALL BE FINAL. Note as to Brand Names: Catalog numbers, manufacturers' and brand names, when listed, are informational guides as to a standard of acceptable product quality level only and should not be construed as an endorsement or a product limitation of recognized and legitimate manufacturers. Bidders shall formally substantiate and verify that product(s) offered conform with or exceed quality as listed in the specifications. 40. 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. 41. 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. 42. 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 bidder meets specifications. 43. EXCEPTIONS TO BID. Bidders are strongly encouraged to thoroughly review the specifications and all conditions set forth in this Bid. Bidders who fail to satisfy the requirements in this Bid, may be deemed non- responsive and receive no further consideration. Should your proposed bid not be able to meet one (1) or more of the requirements set forth in this Bid and you are proposing alternatives and/or exceptions to said requirements, you must notify the Procurement Office, in writing, at least five (5) days prior to the deadline for submission of bids. The City reserves the right to revise the scope of services via Addendum prior to the deadline for receipt of bids. 44. FACILITIES. The City, through its City Manager or his/her authorized designee, reserves the right to inspect the bidder's facilities at any time, upon reasonable prior written or verbal notice. 45. FLORIDA PUBLIC RECORDS LAW. Bidders are hereby notified that all Bid 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, Contractor 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 services; (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 ITB 2018 -085 -ZD 10 retaining public records and transfer, at no cost, to the public agency all public records in possession of the contractor 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. 46. F.O.B. DESTINATION. Unless otherwise specified in the Formal Solicitation, all prices quoted/proposed by the bidder must be F.O.B. DESTINATION, inside delivery, with all delivery costs and charges included in the bid price, unless otherwise specified in this Formal Solicitation. Failure to do so may be cause for rejection of bid. 47. GRATUITIES. Bidders shall not offer any gratuities, favors, or anything of monetary value to any official, employee, contractor, or agent of the City, for the purpose of influencing consideration of this Bid. 48. INDEMNIFICATION. The successful Bidder shall indemnify and hold harmless the City and its officers, employees, agents and instrumentalities from any and all liability, losses or damages, including attorney'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 successful Bidder or its employees, agents, servants, partners, principals or subcontractors. The successful 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 attorney's fees which may be incurred thereon. The successful Bidder expressly understands and agrees that any insurance protection required by this Agreement or otherwise provided by the successful Bidder shall in no way limit the responsibility to indemnify, keep and save harmless and defend the City or its officers, employees, agents and instrumentalities as herein provided. The above indemnification provisions shall survive the expiration or termination of this Agreement. 49. 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 bidder 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. 50. LAWS, PERMITS AND REGULATIONS. The bidder shall obtain and pay for all licenses, permits, and inspection fees required under the contract; and shall comply with all Applicable Laws. 51. LEGAL REQUIREMENTS. The bidder shall be required to comply with all federal, State of Florida, Miami -Dade County, and City of Miami Beach codes, laws, ordinances, and/or rules and regulations that in any manner affect the items covered herein (collectively, Applicable Laws). Lack of knowledge or ignorance by the bidder with/of Applicable Laws will in no way be a cause for relief from responsibility. 52. 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 bidder will assume the full duty, obligation and expense of obtaining all necessary licenses, permits, and insurance, and assure all work complies with all Applicable Laws. The bidder shall be liable for any damages or loss to the City occasioned by negligence of the bidder, or his/her officers, employees, contractors, and/or agents, for failure to comply with Applicable Laws. ITB 2018 -085 -ZD 11 53. MANNER OF PERFORMANCE. Bidder 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. Bidder agrees that the services provided shall be provided by employees that are educated, trained, experienced, certified, and licensed in all areas encompassed within their designated duties. Bidder agrees to furnish to the City any and all documentation, certification, authorization, license, permit, or registration currently required by applicable laws, rules, and regulations. Bidder 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 bidder to comply with this paragraph shall constitute a material breach of this contract. 54. MISTAKES. Bidders are expected to examine the specifications, delivery schedules, bid prices, and extensions, and all instructions pertaining to supplies and services. Failure to do so will be at the bidder's risk and may result in the bid being non-responsive. 55. MODIFICATION/WITHDRAWALS OF BIDS. A bidder 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. Bids shall be irrevocable until contract award unless withdrawn in writing prior to the bid due date or after expiration of 120 calendar days from the opening of bids 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. 56. 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 bidder. Any violation of these stipulations may also result in the bidder's name being removed from the City's vendor list. 57. OPTIONAL CONTRACT USAGE. When the successful bidder(s) is in agreement, other units of government or non-profit agencies may participate in purchases pursuant to the award of this contract at the option of the unit of government or non-profit agency. 58. OSHA. The bidder warrants to the City that any work, services, supplies, materials or equipment supplied pursuant to this Bid shall conform in all respects to the standards set forth in the Occupational Safety and Health Act of 1970, as amended, and the failure to comply with this condition will be deemed breach of contract. Any fines levied because of inadequacies to comply with this condition shall be borne solely by the bidder. 59. PATENTS & ROYALTIES. The bidder shall indemnify and save harmless the City of Miami Beach, Florida, and its officers, employees, contractors, and/or agents, from liability of any nature or kind, including cost and expenses for, or on account of, any copyrighted, patented, or unpatented invention, process, or article manufactured or used in the performance of the contract, including its use by the City of Miami Beach, Florida. If the bidder uses any design, device or materials covered by letters, patent, or copyright, it is mutually understood and agreed, without exception, that the bid prices shall include all royalties or cost arising from the use of such design, device, or materials in any way involved in the work. 60. PAYMENT. Payment will be made by the City after the items have been received, inspected, and found to comply with Bid specifications, free of damage or defect, and properly invoiced. 61. PRICES QUOTED. Prices quoted shall remain firm and fixed during the duration of the contract. In completing ITB 2018 -085 -ZD 12 the bid form, state both unit price and extended total, when requested. Prices must be stated in units of quantity specified in the bidding specifications. In case of discrepancy in computing the amount of the bid, the UNIT PRICE quoted will govern. All prices must be F.O.B. destination, freight prepaid (unless otherwise stated in Special Conditions). The Bidder may offer cash discounts for prompt payments; however, such discounts will not be considered in determining the lowest price during bid evaluation. Bidders are requested to provide prompt payment terms in the space provided on the Bid submittal signature page of the solicitation. Award, if made, will be in accordance with terms and conditions stated herein. Each item must be bid separately, and no attempt is to be made to tie any item or items in with any other item or items. Cash or quantity discounts offered will not be a consideration in determination of award of bid(s). 62. PRODUCT INFORMATION. Product literature, specifications, and technical information, including Manufacturer's Safety Data Sheets (MSDS) should be provided with this bid as an attachment to the "BID FORM". However, in all cases must be provided within five (5) calendar days upon request from Purchasing Agent. 63. REASONABLE ACCOMMODATION. In accordance with Title II of the Americans with Disabilities Act, any person requiring an accommodation at the Bid opening because of a disability must contact the Procurement Division. 64. SAMPLES. Bids submitted as an "equal" product must be accompanied with detailed specifications. Samples of items, when required, must be furnished free of expense and, if not destroyed, will, upon request, be returned at the bidder's expense. Bidders will be responsible for the removal of all samples furnished within (30) days after bid opening. All samples will be disposed of after thirty (30) days. Each individual sample must be labeled with the bidder's name. Failure of the bidder to either deliver required samples, or to clearly identify samples may be reason for rejection of the bid. Unless otherwise indicated, samples should be delivered to the Procurement Division, 1700 Convention Center Drive, Miami Beach, FL 33139. 65. SPECIAL CONDITIONS. Any and all Special Conditions that may vary from these General Terms and Conditions shall have precedence. 66. SPOT MARKET PURCHASES. It is the intent of the City to purchase the items specifically listed in this Bid from the successful bidder. However, the City reserves the right to purchase the items from state or other governmental contract, or on an as -needed basis through the City's spot market purchase provisions. 67. SUBSTITUTIONS. After award of contract, the City WILL NOT accept substitute shipments of any kind, without previous written approval. The bidder is expected to furnish the brand quoted in its bid. Any substitute shipments will be returned at the bidder's expense. 68. TAXES. The City of Miami Beach is exempt from all Federal Excise and State taxes. 69. TIE BIDS. In accordance with Florida Statues Section 287,087, regarding identical tie bids, preference will be given to bidders certifying that they have implemented a drug free work place program. A certification form will be required. In the event of a continued tie between two or more bidders after consideration of the drug free workplace program, the City's Local Preference and Veteran Preference ordinances will dictate the manner by which a tie is to be resolved. In the event of a continued tie after the Local and Veteran Preference ordinances have been applied or the tie exists between bidders that are not Local or Veteran, the breaking of the tie shall be at the City Manager's discretion, which will make a recommendation for award to the City Commission. ITB 2018 -085 -ZD 13 70. TERMINATION FOR DEFAULT. If the successful bidder shall fail to fulfill in a timely manner, or otherwise violate, any of the covenants, agreements, or stipulations material to the Bid and/or the contract entered into with the City pursuant thereto, the City shall thereupon have the right to terminate the work and/or services then remaining to be performed by giving written notice to the bidder of such termination, which shall become effective upon receipt by the bidder of the written termination notice. In that event, the City shall compensate the successful bidder in accordance with the term of the contract for all work and/or services satisfactorily performed by the bidder prior to termination, net of any costs incurred by the City as a consequence of the default. Notwithstanding the above, the successful bidder shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of the contract by the bidder, and the City may reasonably withhold payments to the successful bidder for the purposes of set off until such time as the exact amount of damages due the City from the successful bidder is determined. The City may, at its discretion, provide reasonable "cure period" for any contractual violation prior to termination of the contract; should the successful bidder fail to take the corrective action specified in the City's notice of default within the allotted cure period, then the City may proceed to terminate the contract for cause in accordance with this subsection 1.57. 71. TERMINATION FOR CONVENIENCE OF CITY. The City may, for its convenience, terminate the work and/or services then remaining to be performed, at any time, by giving written notice to the successful bidder of such termination, which shall become effective thirty (30) days following receipt by bidder of such notice. In that event, all finished or unfinished documents and other materials shall be properly delivered to the City. If the contract is terminated by the City as provided in this subsection, the City shall compensate the successful bidder in accordance with the terms of the contract for all and without cause and/or any resulting liability to the City, work and/or services actually performed by the successful bidder, and shall also compensate the bidder for its reasonable direct costs in assembling and delivering to City all documents. No compensation shall be due to the successful bidder for any profits that the successful bidder expected to earn on the balanced of the contract. Such payments shall be the total extent of the City's liability to the successful bidder upon a termination as provided for in this subsection. 72. UNDERWRITERS' LABORATORIES. Unless otherwise stipulated in the Bid, all manufactured items and fabricated assemblies shall be U.L. listed or re-examination listing where such has been established by U.L. for the item(s) offered and furnished. 73. ADDITIONAL SERVICES. Although this solicitation and resultant contract identifies specific goods, services or facilities ("items"), it is hereby agreed and understood that the City, through the approval of the Department and Procurement Directors (for additional items up to $50,000) or the City Manager (for additional items greater than $50,000), may require additional items to be added to the Contract which are required to complete the work. When additional items are required to be added to the Contract, awarded vendor(s), as applicable to the item being requested, under this contract may be invited to submit price quote(s) for these additional requirements. If these quote(s) are determined to be fair and reasonable, then the additional work will be awarded to the current contract vendor(s) that offers the lowest acceptable pricing. The additional items shall be added to this contract by through a Purchase Order (or Change Order if Purchase Order already exists). In some cases, the City may deem it necessary to add additional items through a formal amendment to the Contract, to be approved by the City Manager. The City may determine to obtain price quotes for the additional items from other vendors in the event that fair and reasonable pricing is not obtained from the current contract vendors, or for other reasons at the City's discretion. ITB 2018 -085 -ZD 14 SECTION 0300 BID SUBMITTAL INSTRUCTIONS AND FORMAT 1. SEALED BIDS. One original Bid Proposal (preferably in 3 -ring binder) must be submitted in an opaque, sealed envelope or container on or before the due date established for the receipt of bids. Additionally, five (5) bound copies and one (1) electronic format (CD or USB format) are to be submitted, with the original submission or within two (2) business days of request by the City. The following information should be clearly marked on the face of the envelope or container in which the bid is submitted: Bid Number, Bid Title, Bidders Name, Bidder Return Address. Bids received electronically, either through email or facsimile, are not acceptable and will be rejected. Bid Proposals are to be delivered to the following address: City of Miami Beach Procurement Department 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 2. BID PROPOSAL. The Bid Proposal is to include the following: • TAB 1 — Cost Proposal Form (Appendix E). The Cost Proposal Form (Appendix E) shall be completed mechanically or. if manually, in ink. Cost Proposal Forms submitted in pencil shall be deemed non-responsive. All corrections on the Cost Proposal Form shall be initialed, FAILURE TO SUBMIT THE MOST RECENT BID PROPOSAL FORM (EITHER INCLUDED IN THE ORIGINAL ITB OR RELEASED VIA AN ADDENDUM) FULLY EXECUTED MAY RESULT IN BID BEING DEEMED NOT RESPONSIVE AND NOT BEING FURTHER CONSIDERED. • TAB 2 — Bid Certification, Questionnaire and Affidavits (Appendix A). FAILURE TO SUBMIT APPENDIX A WITH THE BID, ON OR BEFORE THE DUE DATE FOR RECEIPT OF BIDS, WILL RESULT IN BID BEING DEEMED NOT RESPONSIVE AND NOT BEING FURTHER CONSIDERED. • TAB 3 — Documentation indicating compliance with Minimum Eligibility Requirements • TAB 4 — If submitting bid for "or equal" submit, two (2) complete sets of product information sheets (such as factory specifications, standard manufacturer information sheets, catalogues, and brochures) for all approved "equal" products included in Appendix E. FAILURE TO SUBMIT THE REQUESTED DOCUMENTATION FOR TAB 4, WITH THE BID OR UPON TWO (2) BUSINESS DAYS OF REQUEST BY THE CITY, MAY RESULT IN THE BID BEING DEEMED NOT RESPONSIVE AND NOT BEING FURTHER CONSIDERED. 3. LATE BIDS. Bid Proposals are to be received on or before the due date established herein for the receipt of Bids. Any Bid received after the deadline established for receipt of proposals will be considered late and not be accepted or will be returned to Proposer unopened. The City does not accept responsibility for any delays, natural or otherwise. ITB 2018 -085 -ZD 15 APPENDIX A MIAMI BEACH Proposal Certification, Questionnaire & Requirements Affidavit ITB No. 2018 -085 -ZD MIAMI BEACH CONVENTION CENTER (MBCC) FOOD SERVICE EQUIPMENT PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 ITB 2018 -085 -ZD 16 MIAMI BEACH Solicitation No: 2018 -085 -ZD Solicitation Title: MIAMI BEACH CONVENTION CENTER (MBCC) FOOD SERVICE EQUIPMENT Procurement Contact: Zuleika Davidson Tel: (305) 673-7000 x 6943 Email: zuleikadavidson a(�miamibeachfl.00v PROPOSAL CERTIFICATION, QUESTIONNAIRE & REQUIREMENTS AFFIDAVIT Purpose: The purpose of this Proposal Certification, Questionnaire and Requirements Affidavit Form is to inform prospective Proposers of certain solicitation and contractual requirements, and to collect necessary information from Proposers in order that certain portions of responsiveness, responsibility and other determining factors and compliance with requirements may be evaluated. This Proposal Certification, Questionnaire and Requirements Affidavit Form is a REQUIRED FORM that must be submitted fully completed and executed with the bid, on or before the due date and time for receipt of bids. 1. General Proposer Information. FIRM NAME: NO OF YEARS IN BUSINESS: NO OF YEARS IN BUSINESS LOCALLY: NO. OF EMPLOYEES: OTHER NAME(S) PROPOSER HAS OPERATED UNDER IN THE LAST 10 YEARS: FIRM PRIMARY ADDRESS (HEADQUARTERS): CITY: STATE: ZIP CODE: TELEPHONE NO.: TOLL FREE NO.: FAX NO.: FIRM LOCAL ADDRESS: CITY: STATE: ZIP CODE: PRIMARY ACCOUNT REPRESENTATIVE FOR THIS ENGAGEMENT: ACCOUNT REP TELEPHONE NO.: ACCOUNT REP TOLL FREE NO.: ACCOUNT REP EMAIL: FEDERAL TAX IDENTIFICATION NO.: The City reserves the right to seek additional information from Proposer 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 Proposer to perform in accordance with contract requirements. ITB 2018-085—ZD 17 1. Veteran Owned Business. Is Proposer claiming a veteran owned business status? YES NO SUBMITTAL REQUIREMENT: Proposers claiming veteran owned business status shall submit a documentation proving that firm is certified as a veteran -owned business or a service -disabled veteran owned business by the State of Florida or United States federal government, as required pursuant to ordinance 2011-3748. 2. Financial Capacity. When requested by the City, each Proposer shall arrange for Dun & Bradstreet to submit a Supplier Qualification Report (SQR) directly to the Procurement Contact named herein. No proposal will be considered without receipt, by the City, of the SQR directly from Dun & Bradstreet. The cost of the preparation of the SQR shall be the responsibility of the Proposer. The Proposer shall request the SQR report from D&B at: https://supplierportal.dnb.com/webapp/wcs/storeslservletlsupplierPortal?storeld=11696 Proposers are responsible for the accuracy of the information contained in its SQR. It is highly recommended that each Proposer 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 800-424-2495. SUBMITTAL REQUIREMENT: Proposer shall request that Dun & Bradstreet submit its Supplier Qualifier Report directly to the City, with bid or within 2 days of request. 3. Conflict Of Interest. All Proposers must disclose, in their Proposal, 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 Proposers must disclose the name of any City employee who owns, either directly or indirectly, an interest of ten (10%) percent or more in the Proposer entity or any of its affiliates. SUBMITTAL REQUIREMENT: Proposers 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. Proposers must also disclose the name of any City employee who owns, either directly or indirectly, an interest of ten (10%) percent or more in the Proposer entity or any of its affiliates. 4. References & Past Performance. Proposer shall submit at least three (3) references for whom the Proposer has completed work similar in size and nature as the work referenced in solicitation. SUBMITTAL REQUIREMENT: For each reference submitted, the following information is required: 1) Firm Name, 2) Contact Individual Name & Title, 3) Address, 4) Telephone, 5) Contact's Email and 6) Narrative on Scope of Services Provided. 5. Suspension, Debarment or Contract Cancellation. Has Proposer ever been debarred, suspended or other legal violation, or had a contract cancelled due to non-performance b an public sector agency? YES NO SUBMITTAL REQUIREMENT: If answer to above is "YES," Proposer shall submit a statement detailing the reasons that led to action(s). 6. Vendor Campaign Contributions. Proposers are expected to be or become familiar with, the City's Campaign Finance Reform laws, as codified in Sections 2-487 through 2-490 of the City Code. Proposers shall be solely responsible for ensuring that all applicable provisions of the City's Campaign Finance Reform laws are complied with, and shall be subject to any and all sanctions, as prescribed therein, including disqualification of their Proposals, in the event of such non-compliance. SUBMITTAL REQUIREMENT: Submit the names of all individuals or entities (including your sub -consultants) with a controlling financial interest as defined in solicitation. For each individual or entity with a controlling financial interest indicate whether or not each individual or entity has contributed to the campaign either directly or indirectly, of a candidate who has been elected to the office of Mayor or City Commissioner for the City of Miami Beach. 7. Code of Business Ethics. Pursuant to City Resolution No.2000-23879, each person or entity that seeks to do business with the City shall adopt a Code of Business Ethics ("Code") and submit that Code to the Procurement Division with its proposal/response or within five (5) days upon receipt of request. The Code shall, at a minimum, require the Proposer, to comply with all applicable ITB 2018-085—ZD 18 8. governmental rules and regulations including, among others, the conflict of interest, lobbying and ethics provision of the City of Miami Beach and Miami Dade County SUBMITTAL REQUIREMENT: Proposer shall submit firm's Code of Business Ethics. In lieu of submitting Code of Business Ethics, Proposer may submit a statement indicating that it will adopt, as required in the ordinance, the City of Miami Beach Code of Ethics, available at www.miamibeachfl.gov/procurement/. Commencing with City fiscal y or 2012 13 (October 1, 2012)Effcctive January 1, 2017, the hourly living rate will be $11.62/hr with health benefits, and $13.312/hr without benefits. year} provided in the City's Living Wagc Ordinance, as amended. Further information on the Living Wage requirement is available at living wage requirement. . By virtue of executing this affidavit document, Proposer agrees to the 9. Equal Benefits for Employees with Spouses and Employees with Domestic Partners. When awarding competitively solicited contracts valued at over $100,000 whose contractors maintain 51 or more full time employees on their payrolls during 20 or more calendar work weeks, the Equal Benefits for Domestic Partners Ordinance 2005-3494 requires certain contractors doing business with the City of Miami Beach, who are awarded a contract pursuant to competitive proposals, to provide "Equal Benefits" to their employees with domestic partners, as they provide to employees with spouses. The Ordinance applies to all employees of a Contractor who work within the City limits of the City of Miami Beach, Florida; and the Contractor's employees located in the United States, but outside of the City of Miami Beach limits, who are directly performing work on the contract within the City of Miami Beach. A. Does your company provide or offer access to any benefits to employees with spouses or to spouses of employees? YES NO B. Does your company provide or offer access to any benefits to employees with (same or opposite sex) domestic partners* or to domestic partners of employees? YES NO C. Please check all benefits that apply to your answers above and list in the "other" section any additional benefits not already specified. Note: some benefits are provided to employees because they have a spouse or domestic partner, such as bereavement leave; other benefits are provided directly to the spouse or domestic partner, such as medical insurance. BENEFIT Firm Provides for Employees with Spouses Firm Provides for Employees with Domestic Partners Firm does not Provide Benefit Health Sick Leave Family Medical Leave Bereavement Leave If Proposer cannot offer a benefit to domestic partners because of reasons outside your control, (e.g., there are no insurance providers in your area willing to offer domestic partner coverage) you may be eligible for Reasonable Measures compliance. To comply on this basis, you must agree to pay a cash equivalent and submit a completed Reasonable Measures Application (attached) with all necessary documentation. Your Reasonable Measures Application will be reviewed for consideration by the City Manager, or his designee. Approval is not guaranteed and the City Manager's decision is final. Further information on the Equal Benefits requirement is available at www.miamibeachfl.gov/procuremen ITB 2018-085—ZD 19 10. Public Entity Crimes. Section 287.133(2)(a), Florida Statutes, as currently enacted or as amended from time to time, states that a person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a proposal, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a proposal, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit proposals, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list. SUBMITTAL REQUIREMENT: No additional submittal is required. By virtue of executing this affidavit document, Proposer agrees with the requirements of Section 287.133, Florida Statutes, and certifies it has not been placed on convicted vendor list. 11. Non -Discrimination. Pursuant to City Ordinance No.2016-3990, the City shall not enter into a contract with a business unless the business represents that it does not and will not engage in a boycott as defined in Section 2-375(a) of the City Code, including the blacklisting, divesting from, or otherwise refusing to deal with a person or entity when such action is based on race, color, national origin, religion, sex, intersexuality, gender identity, sexual orientation, marital or familial status, age or disability. SUBMITTAL REQUIREMENT: No additional submittal is required. By virtue of executing this affidavit document, Proposer agrees it is and shall remain in full compliance with Section 2-375 of the City of Miami Beach City Code. 12. Moratorium on Travel to and the Purchase of Goods or Services from North Carolina and Mississippi. Pursuant to Resolution 2016-29375, the City of Miami Beach, Florida, prohibits official City travel to the states of North Carolina and Mississippi, as well as the purchase of goods or services sourced in North Carolina and Mississippi. Proposer shall agree that no travel shall occur on behalf of the City to North Carolina or Mississippi, nor shall any product or services it provides to the City be sourced from these states. SUBMITTAL REQUIREMENT: No additional submittal is required. By virtue of executing this affidavit document, Proposer agrees it is and shall remain in full compliance with Resolution 2016-29375. 13. Fair Chance Requirement. Pursuant to Section 2-376 of the City Code, the City shall not enter into any contract resulting from a competitive solicitation, unless the proposer certifies in writing that the business has adopted and employs written policies, practices, and standards that are consistent with the City's Fair Chance Ordinance, set forth in Article V of Chapter 62 of the City Code ("Fair Chance Ordinance"), and which, among other things, (i) prohibits City contractors, as an employer, from inquiring about an applicant's criminal history until the applicant is given a conditional offer of employment; (ii) prohibits advertising of employment positions with a statement that an individual with a criminal record may not apply for the position, and (iii) prohibits placing a statement on an employment application that a person with a criminal record may not apply for the position. SUBMITTAL REQUIREMENT: No additional submittal is required at this time. By virtue of executing this affidavit, Proposer certifies that it has adopted policies, practices and standards consistent with the City's Fair Chance Ordinance. Proposer agrees to provide the City with supporting documentation evidencing its compliance upon request. Proposer further agrees that any breach of the representations made herein shall constitute a material breach of contract, and shall entitle the City to the immediate termination for cause of the agreement, in addition to any damages that may be available at law and in equity. 14. Acknowledgement of Addendum. After issuance of solicitation, the City may release one or more addendum to the solicitation which may provide additional information to Proposers or alter solicitation requirements. The City will strive to reach every Proposer having received solicitation through the City's e -procurement system, PublicPurchase.com. However, Proposers are solely responsible for assuring they have received any and all addendum issued pursuant to solicitation. This Acknowledgement of Addendum section certifies that the Proposer has received all addendum released by the City pursuant to this solicitation. Failure to obtain and acknowledge receipt of all addendum may result in proposal disqualification. Initial to Confirm Receipt Initial to Confirm Receipt Initial to Confirm Receipt 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. ITB 2018-085—ZD 20 MIAMI BEACH DISCLOSURE AND DISCLAIMER SECTION The solicitation referenced herein is being furnished to the recipient by the City of Miami Beach (the "City") for the recipient's convenience. Any action taken by the City in response to Proposals made pursuant to this solicitation, or in making any award, or in failing or refusing to make any award pursuant to such Proposals, 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 proposals, may accept or reject proposals, and may accept proposals which deviate from the solicitation, as it deems appropriate and in its best interest. In its sole discretion, the City may determine the qualifications and acceptability of any party or parties submitting Proposals in response to this solicitation. Following submission of a Bid or Proposal, the applicant agrees to deliver such further details, information and assurances, including financial and disclosure data, relating to the Proposal and the applicant including, without limitation, the applicant's affiliates, officers, directors, shareholders, partners and employees, as requested by the City in its discretion. The information contained herein is provided solely for the convenience of prospective Proposers. 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. Proposers should rely exclusively on their own investigations, interpretations, and analyses. 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 Proposal conforming to these requirements will be selected for consideration, negotiation, or approval. The City shall have no obligation or liability with respect to this solicitation, the selection and the award process, or whether any award will be made. Any recipient of this solicitation who responds hereto fully acknowledges all the provisions of this Disclosure and Disclaimer, is totally relying on this Disclosure and Disclaimer, and agrees to be bound by the terms hereof. Any Proposals submitted to the City pursuant to this solicitation are submitted at the sole risk and responsibility of the party submitting such Proposal. This solicitation is made subject to correction of errors, omissions, or withdrawal from the market without notice. Information is for guidance only, and does not constitute all or any part of an agreement. The City and all Proposers will be bound only as, if and when a Proposal (or Proposals), as same may be modified, and the applicable definitive agreements pertaining thereto, are approved and executed by the parties, and then only pursuant to the terms of the definitive agreements executed among the parties. Any response to this solicitation may be accepted or rejected by the City for any reason, or for no reason, without any resultant liability to the City. The City is governed by the Government -in -the -Sunshine Law, and all Proposals and supporting documents shall be subject to disclosure as required by such law. All Proposals shall be submitted in sealed proposal form and shall remain confidential to the extent permitted by Florida Statutes, until the date and time selected for opening the responses. At that time, all documents received by the City shall become public records. Proposers are expected to make all disclosures and declarations as requested in this solicitation. By submission of a Proposal, the Proposer acknowledges and agrees that the City has the right to make any inquiry or investigation it deems appropriate to substantiate or supplement information contained in the Proposal, and authorizes the release to the City of any and all information sought in such inquiry or investigation. Each Proposer certifies that the information contained in the Proposal is true, accurate and complete, to the best of its knowledge, information, and belief. Notwithstanding the foregoing or anything contained in the solicitation, all Proposers agree that in the event of a final unappealable judgment by a court of competent jurisdiction which imposes on the City any liability arising out of this solicitation, or any response thereto, or any action or inaction by the City with respect thereto, such liability shall be limited to $10,000.00 as agreed-upon and liquidated damages. The previous sentence, however, shall not be construed to circumvent any of the other provisions of this Disclosure and Disclaimer which imposes no liability on the City. In the event of any differences in language between this Disclosure and Disclaimer and the balance of the solicitation, it is understood that the provisions of this Disclosure and Disclaimer shall always govern. The solicitation and any disputes arising from the solicitation shall be governed by and construed in accordance with the laws of the State of Florida. ITB 2018-085—ZD 21 BEACH' PROPOSER CERTIFICATION I hereby certify that: I, as an authorized agent of the Proposer, am submitting the following information as my firm's proposal; Proposer agrees to complete and unconditional acceptance of the terms and conditions of this document, inclusive of this solicitation, all attachments, exhibits and appendices and the contents of any Addenda released hereto, and the Disclosure and Disclaimer Statement; Proposer agrees to be bound to any and all specifications, terms and conditions contained in the solicitation, and any released Addenda and understand that the following are requirements of this solicitation and failure to comply will result in disqualification of proposal submitted; Proposer has not divulged, discussed, or compared the proposal with other Proposers and has not colluded with any other Proposer or party to any other proposal; Proposer acknowledges that all information contained herein is part of the public domain as defined by the State of Florida Sunshine and Public Records Laws; all responses, data and information contained in this proposal, inclusive of the Proposal Certification, Questionnaire and Requirements Affidavit are true and accurate. Name of Proposer's Authorized Representative: Title of Proposer's Authorized Representative: Signature of Proposer's Authorized Representative: Date: State of FLORIDA ) On this day of 20 , personally appeared before me who County of ) stated that (s)he is the of , a corporation, and that the instrument was signed in behalf of the said corporation by authority of its board of directors and acknowledged said instrument to be its voluntary act and deed. Before me: Notary Public for the State of My Commission Expires: ITB 2018-085—ZD 22 APPENDIX B MIAMI BEACH "No Bid" Form ITB No. 2018 -085 -ZD MIAMI BEACH CONVENTION CENTER (MBCC) FOOD SERVICE EQUIPMENT PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 •te: It is importa r those vendors who have r=ceived notifica ran a` is solicitation but have decided not to respond, to complete and submit e attached "Statement of No Bid." The "Statement of No Bid" provides e City with information on how to improve the solicitation process. ilure to submit a "Statement of No Bid" may result in not being notified future solicitations by the City. ITB 2018 -085 -ZD 23 Statement of No Bid WE HAVE ELECTED NOT TO SUBMIT A PROPOSAL AT THIS TIME FOR REASON(S) CHECKED AND/OR INDICATED BELOW: Workload does not allow us to proposal Insufficient time to respond Specifications unclear or too restrictive Unable to meet specifications Unable to meet service requirements Unable to meet insurance requirements Do not offer this product/service _OTHER. (Please specify) We do do not _ want to be retained on your mailing list for future proposals of this type product and/or service. Signature: Title: Legal Company Name: Note: Failure to respond, either by submitting a proposal or this completed form, may result in your company being removed from our vendors list. PLEASE RETURN TO: City of Miami Beach Procurement Department ATTENTION: Zuleika Davidson ITB No. 2018 -085 -ZD 1755 Meridian Avenue, 3rd Floor Miami Beach, FL 33139 ITB 2018 -085 -ZD 24 APPENDIX C MIAMI BEACH Minimum Requirements & Specifications ITB No. 2018 -085 -ZD MIAMI BEACH CONVENTION CENTER (MBCC) FOOD SERVICE EQUIPMENT PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 ITB 2018 -085 -ZD 25 C1. Minimum Requirements. The Minimum Eligibility Requirements for this solicitation are listed below. Proposer shall with its bid or within two (2) business days upon request from the City, submit detailed verifiable information affirmatively documenting compliance with each minimum requirement. Proposers that fail to comply with minimum requirements will be deemed non-responsive and will not be considered. 1. Previous Experience: Bidder shall submit at least two (2), current or past client references, to demonstrate that it has been in the business of providing items similar to those identified herein for at least three (3) years. SUBMITTAL REQUIREMENT: For each reference provided, the bidder shall submit the following information: 1) Firm Name, 2) Contact Individual Name & Title, 3) Address, 4) Telephone, 5) Contact's Email 6) Contract Dates, and 7) Narrative on Scope of Services Provided. C.2 Statement of Work. The City of Miami Beach is soliciting bids from experienced and qualified bidders to obtain pricing for the purchase, delivery, and unloading of food service equipment to be utilized by the City's food provider, Centerplate, at the Miami Beach Convention Center (MBCC). The City requires food service equipment to be utilized on various portable food preparation carts. All equipment shall be electric. The cost proposal form shall reference the manufacturer indicated. Products similar in design and equal in function may also be considered. Equal offers shall include descriptive literature and/or detailed specifications. Failure to include such specifications or literature for equal offers with bid or upon two (2) business days from City's written request shall be cause for disqualification of the bid. The City requires specific types of food service equipment, each with specific requirements, dimensions, and materials of construction as further defined herein, as follows: • Commercial Convection/Microwave Ovens; and • Two Sided Grill with Electronic Timers; and • Commercial Toasters; and • Greaseless Fryers; and • Counter Top Induction; and • Hot Dog Machines; and • Countertop Warming Shelves. It is the responsibility of the Bidder to provide, if introducing an "equal" to item, two (2) complete sets of product information sheets (such as factory specifications, standard manufacturer information sheets, catalogues, and brochures) with the bid or upon two (2) business days of request by the City, . Failure to provide said documentation will cause the Bidder to be determined to be non-responsive. ITB 2018 -085 -ZD 26 C3. Specifications. 3.1. TURBO CHEF ENCORE 2 HIGH SPEED COMMERCIAL CONVECTION/MICROWAVE OVEN OR APPROVED EQUIVALENT This oven shall use radiant heat, high-speed air impingement, and side -launched microwave to cook food rapidly, without compromising quality of product. 3.1.1. Dimension of this oven shall be approximately nineteen (19) inches in height (twenty- three with legs), twenty-one and 1/2 (21.5) inches wide, and twenty-seven and 1/2 (27.5) inches deep. 3.2. PRO -MAX GROOVED TWO-SIDED GRILL WITH ELECTRONIC TIMERS AND WITH PRO - LIFT HINGE, MODEL CGI4IEGT (STAR MANUFACTURING, INC.) OR APPROVED EQUIVALENT This is a grill with Heavy-duty grooved top and smooth bottom surfaces, made of cast iron. 3.2.1. Dimensions of this grill shall be approximately nineteen and 5/8 (19.625) inches wide by twenty-four and 5/8 (24.625) inches deep. 3.3. APW WYOTT AT -EXPRESS COMMERCIAL RADIANT CONVEYOR TOASTER OR APPROVED EQUIVALENT This is a bread toaster, capable of generating over three hundred (300) slices of toast per hour. The toaster shall have a variable speed control for the toast conveyor to produce optimum results in toasting color and texture. The toaster shall have the ability to turn off either the top or bottom element for one sided toasting. The toaster shall also have the ability to handle a variety of breads, bagels, or English muffins. 3.3.1. The toaster shall have a small footprint, not to exceed fifteen and 3/64 inches in width, seventeen and 3/16 inches in depth, and thirteen and 1/2 inches in height. 3.3.2, The toaster shall have a one and 1/2 inch mouth, a ten (10) inch wide belt, with metal sheathed elements. 3.3.3. The toaster shall be 120V, 1725W, with 14.4 amps. The toaster shall utilize a NEMA 5- 15P plug. 3.4. GREASELESS FRYER EXPRESS SYSTEM OR EQUIVALENT This is an Impingement air process system that cooks various types of fun food products such as wings, French fries, chicken nuggets, etc. using a hot air process that seals the food item outer layer, locking in moisture. 3.4.1. The Fryer Express shall have a small footprint, with dimensions of approximately fourteen and 1/4 (14.25) inches in height, nineteen (19) inches in width, and eighteen (18) inches in depth. 3.4.2. The Fryer shall be 120V, 1300W, with 10.9 amps. ITB 2018 -085 --ZD 27 3.5. MANITOWOC FOODSERVICE GARLAND COUNTERTOP INDUCTION WOK MODEL GIWOK-5.0 OR EQUIVALENT This is a counter top cooking device, with a total rating of 5.0 kW. The wok has a stainless steel casting, with a ceran ceramic glass wok well. Unit has a rotary power switch, and an integral cord and plug. 3.5.1. The Countertop Wok shall have dimensions of approximately fifteen (15) inches wide by seventeen (17) and 5/16 inches deep by seven (7) and 7/8 inches high. 3.5.2. The Wok shall be 208V, 5000W, with 14 amps. 3.6. EQUIPEX HOT DOG MACHINE MODEL CS4E OR EQUIVALENT This is a hot dog machine, that has a Pyrex glass steamer unit, which holds up to forty (40) hot dogs. The unit also has four (4) toasting spikes for buns. The unit also has a thermostatically controlled heating element. 3.6.1. The hot dog machine shall have dimensions of approximately eighteen (18) inches wide by eleven (11) inches deep by sixteen (16) inches high. 3.6.2. The machine shall be 120V, 650W, with 6 amps. It shall have an attached electrical cord, with a NEMA 5-15P plug end. 3.7. CADCO 26" PORTABLE COUNTERTOP WARMING SHELF MODEL WT -10S OR EQUIVALENT This is a warming shelf that contains a twenty (20) inch by fourteen (14) inch warming surface, constructed of stainless steel. The unit has a temperature control that can heat the shelf up to 205 degrees F. 3.7.1. The warming shelf shall have overall dimensions of approximately twenty-five (25) and V4 inches wide by fifteen (15) and 1/4 inches deep by two (2) and 1/4 inches high. 3.7.2. The Shelf shall be 120V, 300W and 2.5 amps. Balance of Page Intentionally Left Blank ITB 2018 -085 -ZD 28 M APPENDIX D AMI BEACH Special Conditions ITB No. 2018 -085 -ZD MIAMI BEACH CONVENTION CENTER (MBCC) FOOD SERVICE EQUIPMENT PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 ITB 2018 -085 -ZD 29 1. TERM OF CONTRACT. The contract shall remain in effect for three (3) years from date of contract execution by the Mayor and the City Clerk. During the contract period, the City may purchase additional items in any combination it deems necessary. 2. OPTIONS TO RENEW. The City, through its City Manager, will have the option to extend for an additional two (2), one (1) year period. Renewal of the contract is a City of Miami Beach prerogative, not a right of the Contractor. Such option will be exercised, if at all, only when it is in the best interest of the City of Miami Beach. In the event that the contract is held over beyond the term herein provided it shall only be from a month-to-month basis only 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, and shall not exceed six (6) months. 3. PRICES SHALL BE FIXED AND FIRM. All prices quoted in the awardee's bid submittal shall include all costs of packaging, transporting, delivery and unloading and remain firm and fixed, unless amended in writing by the City. 3.1 COST ESCALATION. Prices must be held firm during the initial term of the agreement. During the renewal term, the City may consider prices increases not to increase the applicable Bureau of Labor Statistics (www.bls.gov) CPI -U index or 3%, whichever is less. The City may also consider increases based on mandated Living Wage increases. In considering cost escalation due to Living Wage increases, the City will only consider the directcosts related to Living Wage increases, exclusive of overhead, profit or any other related cost. 4. ADDITIONAL QUANTITY OF ITEMS OR UNITS. Although this solicitation and resultant contract states a specific or an estimated number of items or units to be purchased by the City, it is understood and agreed that the City may purchase additional items or units from the vendor; provided that these additional items or units represent the same manufacturer, model or brand, and unit price stipulated within the contract. 5. PACKING SLIP/DELIVERY TICKET TO ACCOMPANY ITEMS DURING DELIVERY. The Successful Bidder shall enclose a complete packing slip or delivery ticket with any items to be delivered in conjunction with this bid solicitation. The packing slip/delivery ticket shall be attached to the shipping carton(s) and shall be made available to the designated Contract Administrator during delivery/pickup. The packing slip or delivery ticket shall include, at a minimum, the following information: purchase order number, date of order, a complete listing of items being delivered/picked up and back -order quantities and estimated delivery of back- orders, if applicable. ITB 2018 -085 -ZD 30 6. MATERIALS SHALL BE NEW AND WARRANTED AGAINST DEFECTS. The Bidder hereby acknowledges and agrees that all materials/products, except where recycled content is specifically requested, supplied by the Bidder in conjunction with this Bid shall be new, warranted for their merchantability, and fit for a particular purpose. In the event any of the materials/products supplied to the City by the Bidder are found to be defective or do not conform to specifications, the City reserves the right to cancel the order and return such materials/products to the Bidder to replace the materials/products at the Bidder's expense. After returned items have been shipped, the bidder shall replace the materials/products within 5 business days. 7. DELIVERY. A specific schedule of deliveries by priority will be given to the vendor upon award. All deliveries shall be made in accordance with good commercial practice and all required delivery timeframes shall be adhered to by the vendor(s); except in such cases where the delivery will be delayed due to acts of nature, strikes, or other causes beyond the control of the vendor. In these cases, the vendor shall notify the City of the delays in advance of the original delivery date so that a revised delivery schedule can be appropriately considered by the City. 7.1 DELIVERY REQUIREMENTS. Bidders shall indicate on their response the number of calendar days required to complete the delivery of a complete order. Delays — date of delivery may be extended for a specific period of time when the delay is the result of a natural disaster, war, civil commotion, strike or any other condition beyond the control of the Successful Bidder provided that written notice (via email) and verbal notice (via the telephone) is provided to the Contract Administrator immediately upon knowledge of the delay. The written and verbal notice shall include the estimated delivery time and the reason for the delay. Written approval of the delay must be provided by the Contract Administrator to the Successful Bidder. 8. SHIPPING TERMS: F.O.B DESTINATION. Prices shall include freight to City's premises to include inside delivery, and shall be F.O.B. Destination. Vendor shall hold title to the goods until such time as they are delivered, installed and accepted by an authorized City representative. 9. INFORMATION AND DESCRIPTIVE LITERATURE. Bidders must furnish all information requested and in the space provided on the Bid Response Form. Furthermore, each bidder offering an equal to the brand(s) specified, excluding the non -substitute items, (or if no brand is specified) must submit with their bid, two (2) complete sets of descriptive literature and/or detailed specifications covering the offered products (such as factory specifications, standard manufacturer information sheets, catalogues, and brochures). Reference to literature submitted with a previous bid will not satisfy this provision. Bids which do not comply with these requirements shall be rejected. ITB 2018 -085 -ZD 31 10. WARRANTY. The vendor shall fully warrant all equipment furnished hereunder against defect in materials and/or workmanship for manufacturer's standard warranty period from date of delivery/acceptance by the City of Miami Beach. Should any defect in materials or workmanship, except ordinary wear and tear, appear during the above stated warranty period, the Contractor shall repair or replace same at no cost to the City, immediately upon receiving written notice, and shall be completed by the agreed upon date from the City's authorized representative. The Vendor shall be responsible for either repairing the equipment on site or transporting the equipment to his/her repair facility at no cost to the City. All warranty provisions of the Uniform Commercial Code shall additionally apply. 11. MANUALS. The vendor shall supply the City with a minimum of three (3) operations, parts, and repair manuals which identify the component parts, and which describe the appropriate process for repairing the equipment purchased by the City in conjunction with this solicitation. The manuals shall be supplied prior to, or upon, delivery of the equipment. Final payment shall be withheld until such time as these manuals are received by the City. 12. "EQUAL" PRODUCT CAN BE CONSIDERED UPON RECEIPT OF SPECIFIED DATA. The manufacturer's name, brand name and/or model number information contained in this solicitation are being used for the sole purpose of establishing the minimum requirement of level of quality, standard of performance, and design and is in no way intended to prohibit the offer of another manufacturer's items of equal material unless otherwise indicated on the Bid/Proposal Submission Form. This specific solicitation requires submission of the following documentation to enable City evaluation of "equal" products: X : Product Information Sheets If an "equal" product may be considered by the City in accordance with the Bid/Proposal Submission Form, the unit shall be equal in quality and standards of performance to the item specified in the solicitation. Where an "or equal" item is offered, and product information sheets are required, the initial offer must be accompanied with two (2) complete sets of product information sheets (such as factory specifications, standard manufacturer information sheets, catalogues, and brochures), and if required, two (2) copies of performance test results of the unit offered as an equal. Also for product information submittals, all supporting documentation submitted by the offeror must in total meet the required specifications set forth in this solicitation. Where the standard product literature submitted with the offer provides information that does not comply with the specifications, the offeror shall state, in an official letter on corporate letterhead as part of their initial offer, the differences between the item they are specifically offering, and the equipment described by the standard product literature, to substantiate compliance to all of the specifications set forth in this solicitation. In such cases, any offer submitted with standard product literature but without the letter explaining compliance will result in the rejection of the offer for not meeting the solicitation specifications. The City shall be sole judge of equality, based on the best interests of the City, and its decision in this regard shall be final. Items labeled "No Substitute" on the City's Bid/Proposal Submission Form are the only products that will be accepted under this solicitation. ITB 2018 -085 -ZD 32 APPENDIX E MIAMIBEACH Cost Proposal Form ITB No. 2018 -085 -ZD MIAMI BEACH CONVENTION CENTER (MBCC) FOOD SERVICE EQUIPMENT PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 ITB 2018 -085 -ZD 33 COST PROPOSAL FORM Failure to submit Appendix E, Cost Proposal Form, in its entirety and fully executed by the deadline established for the receipt of proposals will result in proposal being deemed non-responsive and being rejected. 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 shall be completed mechanically or, if manually, in ink. Cost Proposal Form completed in pencil shall be deemed non-responsive. All corrections on the Cost Proposal Form shall be initialed. Item 1 Description 2 High Speed Commercial Commercial Convection/ Microwave Oven Make/ Model Turbo Chef Encore Make/Model Submitted (or Approved Equal) Estimated Quantity (a) 4 Unit Price (b) $ Extended Price (c) (axb)=c $ Delivery ARO (calendar days) 2 Two Sided Grill with Electronic Timers and with Pro Lift Hinge Pro -Max/ CGI4IEGT 8 $ $ 3 AT -Express Commercial Radiant Conveyor Toaster APW Wyott 4 $ $ 4 Greaseless Fryer Express System Greaseless Fryer Express 4 $ $ 5 Countertop Induction Wok Manitowoc/ GIWOK-5.0 4 $ $ 6 Hot Dog Machine Equipex/ CS4E 4 $ $ 7 26" Portable Countertop Warming Shelf Cadco/ WT -1 OS 8 $ $ $ Grand tota (Items 1-7) *ARO (After Receipt of Order) Bidder's Affirmation Company: Authorized Representative: Address: Telephone: Email: Authorized Representative's Signature: ITB 2018 -085 -ZD 34 APPENDIX F MIAMI BEACH Insurance Requirements ITB No. 2018 -085 -ZD MIAMI BEACH CONVENTION CENTER (MBCC) FOOD SERVICE EQUIPMENT PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 ITB 2018 -085 -ZD 35 INSURANCE REQUIREMENTS This document sets forth the minimum levels of insurance that the contractor is required to maintain throughout the term of the contract and any renewal periods. XXX 1. Workers' Compensation and Employer's Liability per the Statutory limits of the state of Florida. XXX 2. Comprehensive General Liability (occurrence form), limits of liability $ 1,000,000.00 per occurrence for bodily injury property damage to include Premises/ Operations; Products, Completed Operations and Contractual Liability. Contractual Liability and Contractual Indemnity (Hold harmless endorsement exactly as written in "insurance requirements" of specifications). XXX 3. Automobile Liability - $100,000 each occurrence - owned/non-owned/hired automobiles included. 4. Excess Liability - $ .00 per occurrence to follow the primary coverages. XXX 5. The City must be named as and additional insured on the liability policies; and it must be stated on the certificate. 6. Other Insurance as indicated: Builders Risk completed value $ .00 Liquor Liability $ .00 Fire Legal Liability $ .00 Protection and Indemnity $ .00 Employee Dishonesty Bond $ .00 Other $ .00 XXX 7. Thirty (30) days written cancellation notice required. XXX 8. Best's guide rating B+:VI or better, latest edition. XXX 9. The certificate must state the proposal number and title The City of Miami Beach is self-insured. Any and all claim payments made from self-insurance are subject to the limits and provisions of Florida Statute 768.28, the Florida Constitution, and any other applicable Statutes. ITB 2018 -085 -ZD 36 ATTACHMENT C CONSULTANTS RESPONSE TO THE (ITB) Entity Information Page 1 of 2 NYS Department of State Division of Corporations Entity Information The information contained in this database is current through February 5, 2018. Selected Entity Name: SAM TELL AND SON, INC. Selected Entity Status Information Current Entity Name: SAM TELL AND SON, INC. DOS ID #: 181198 Initial DOS Filing Date: NOVEMBER 06, 1964 County: QUEENS Jurisdiction: NEW YORK Entity Type: DOMESTIC BUSINESS CORPORATION Current Entity Status: ACTIVE Selected Entity Address Information DOS Process (Address to which DOS will mail process if accepted on behalf of the entity) SAM TELL AND SON, INC. 300 SMITH ST FARMINGDALE, NEW YORK, 11735 Chief Executive Officer MARC TELL 11 FOX MEADOW CT WOODBURY, NEW YORK, 11797 Principal Executive Office SAM TELL AND SON, INC. 300 SMITH ST FARMINGDALE, NEW YORK, 11735 Registered Agent NONE https://appext20.dos.ny.gov/corp public/CORPSEARCH.ENTITY_ INFORMATION?p_tok... 2/6/2018 Entity Information Page 2 of 2 This office does not record information regarding the names and addresses of officers, shareholders or directors of nonprofessional corporations except the chief executive officer, if provided, which would be listed above. Professional corporations must include the name(s) and address(es) of the initial officers, directors, and shareholders in the initial certificate of incorporation, however this information is not recorded and only available by viewing the certificate. *Stock Information # of Shares Type of Stock $ Value per Share 200 No Par Value *Stock information is applicable to domestic business corporations. Name History Filing Date Name Type Entity Name DEC 15, 2000 Actual SAM TELL AND SON, INC. NOV 06, 1964 Actual SAM TELL & SON, INC. A Fictitious name must be used when the Actual name of a foreign entity is unavailable for use in New York State. The entity must use the fictitious name when conducting its activities or business in New York State. NOTE: New York State does not issue organizational identification numbers. Services/Programs Search Results New Search Privacy Policy 1 Accessibility Policy 1 Disclaimer 1 Return to DOS Homepage 1 Contact Us https://appext20.dos.ny.gov/corp public/CORPSEARCH.ENTITY_INFORMATION?p_tok... 2/6/2018 INVITATION TO BID (ITB) MIAMI BEACH CONVENTION CENTER (MBCC) FOOD SERVICE EQUIPMENT 2018 -085 -ZD BID ISSUANCE DATE: JANUARY 2, 2018 BID DUE: FEBRUARY 1, 2018 @ 3:00 PM ISSUED BY: ZULEIKA DAVIDSON MIAMIBEACH ZULEIKA DAVIDSON, CONTRACTING OFFICER 1 PROCUREMENT DEPARTMENT 1755 MERIDIAN AVE, 3RD FLOOR, Miami Beach, FL 33139 305.673.7000 x 6943 I www.miamibeachfl.gov BEACH TABLE OF CONTENTS SOLICITATION SECTIONS: PAGE 0100 NOT UTILIZED N/A 0200 INSTRUCTIONS TO BIDDERS & GENERAL CONDITIONS •3 0300 BID SUBMITTAL INSTRUCTIONS & FORMAT 15 APPENDICES: APPENDIX A PROPOSAL CERTIFICATION, QUESTIONNAIRE AND AFFIDAVITS 16 APPENDIX B "NO BID" FORM 23 APPENDIX C MINIMUM REQUIREMENTS & SPECIFICATIONS 25 APPENDIX D SPECIAL CONDITIONS 34 APPENDIX E COST PROPOSAL FORM 38 APPENDIX F INSURANCE REQUIREMENTS 40 ITB 2018 -085 -ZD 2 BEA C SECTION 0200 INSTRUCTIONS TO BIDDERS AND GENERAL CONDITIONS 1. GENERAL. This Invitation to Bid (ITB) is issued by the City of Miami Beach, Florida (the "City"), as the means for prospective Proposers 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 Proposers and, subsequently, the successful Bidders(s) (the "vendor[s]") if this ITB results in an award. The City utilizes PublicPurchase (www.publicpurchase.com) for automatic notification of competitive solicitation opportunities and document fulfillment, including the issuance of any addendum to this ITB. Any prospective Bidder who has received this ITB by any means other than through PublicPurchase must register immediately with PublicPurchase 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 of Miami Beach is seeking bids from experienced and qualified bidders to obtain pricing for the purchase, delivery, and unloading of food service equipment to be utilized by the City's food provider, Centerplate, at the Miami Beach Convention Center (MBCC). Interested firms must submit a bid for all items, or the approved equals, indicated on the Cost Proposal Form (Appendix E) to be considered. The requirements and specifications are further detailed herein and, specifically, in Appendix C. 3. SOLICITATION TIMETABLE. The tentative schedule for this solicitation is as follows: January 2, 2018 ITB Issued Pre -Bid Meeting January 12, 2018 at 10:00 a.m. Deadline for Receipt of Questions January 22, 2018 at 3:00 p.m. Responses Due February 1, 2018 at 3:00 p.m. Tentative Commission Approval Authorizing Award TBD 4. PROCUREMENT CONTACT. Any questions or clarifications concerning this solicitation shall be submitted to the Procurement Contact noted below: Procurement Contact: Zuleika Davidson Telephone: 305-673-7000 x 6943 Email: zuleikadavidsonAmiamibeachfl.gov dditionally, 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 Proposers in the form of an addendum. ITB 2018 -085 -ZD 3 4. PRE-BID MEETING OR SITE VISIT(S). A Site Visit and Pre -Bid conference will be held as scheduled in Solicitation Timeline above at the following addresses: Pre -Bid Conference: City of Miami Beach Procurement Department Conference Room 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 Attendance (in person or via telephone) is encouraged and recommended as a source of information, but is not mandatory. Proposers interested in participating in the Pre -Bid Submission Meeting via telephone must follow these steps: (1) Dial the TELEPHONE NUMBER: 1- 888-270-9936 (Toll-free North America) (2) Enter the MEETING NUMBER: 9415468 Proposers who are interested in participating via telephone should send an e-mail to the contact person listed in this ITB expressing their intent to participate via telephone. 5. 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-bid meeting or site visit(s). Only questions answered by written addenda will be binding and may supersede terms noted in this solicitation. Addendum will be released through PublicPurchase. 6. 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://library.municode.com/index.aspx?clienttD=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. 7. SPECIAL NOTICES. You are hereby advised that this solicitation is subject to the following ordinances/resolutions, which may be found on the City Of Miami Beach website: http:l/web.miamibeachfl.gov/procurement/scroll.aspx?id=23510 • CONE OF SILENCE • PROTEST PROCEDURES • DEBARMENT PROCEEDINGS • LOBBYIST REGISTRATION AND DISCLOSURE OF FEES • CAMPAIGN CONTRIBUTIONS BY VENDORS • CAMPAIGN CONTRIBUTIONS BY LOBBYISTS ON PROCUREMENT ISSUES • REQUIREMENT FOR CITY CONTRACT BENEFITS FOR DOMESTIC PARTNERS • LIVING WAGE REQUIREMENT • PREFERENCE FOR FLORIDA SMALL BUSINESSES OWNED AND CONTROLLED BY VETERANS AND TO STATE -CERTIFIED SERVICE - DISABLED VETERAN BUSINESS ENTERPRISES CITY CODE SECTION 2-486 CITY CODE SECTION 2-371 CITY CODE SECTIONS 2-397 THROUGH 2-485.3 CITY CODE SECTIONS 2-481 THROUGH 2-406 CITY CODE SECTION 2-487 CITY CODE SECTION 2-488 ORS TO PROVIDE EQUAL CITY CODE SECTION 2-373 •• CITY CODE SECTION 2-374 ITB 2018 -085 -ZD 4 • FALSE CLAIMS ORDINANCE CITY CODE SECTION 2-449 • ACCEPTANCE OF GIFTS: FAVORS & SERVICES 8. EXAMINATION OF SOLICITATION DOCUMENTS AND SITE: It is the responsibility of each Bidder, 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. • Notify the Procurement Director of all conflicts, errors or discrepancies in the solicitation of which Bidder knows or reasonably should have known.idder that • The submission of a Bid shall constitute an incontrovertible [ephe Bidis premtion ysed upon perfo m�ng and has complied with the above requirements and that without exception, furnishing the Work required by the solicitation oiall terms and conditionsdthat the solicitation cfoments re r performanceiandtfurn shpg and detail to indicate and convey understanding of the Work. 9. POSTPONEMENT OF DUE DATE FOR RECEIPT OF BIDS. City three (3) calendandays wr'Itten notice of Jany ine for submittal of bids and will make a reasonable effort to give at least such postponement to all prospective Bidders through PublicPurchase. or tests er the bid due 10. PROTESTS. Protests concerning the specifications, requirements, Salihes proor cedures esu forpp�otestedftproposals and date in accordance with City Code Section 2-371, which proposed awards. Protests not submitted in a timely manner pursuant to the requirements of City Code Section 2-371 shall be barred. CITY CODE SECTION 70-300 11. NOT USED. 12. VETERAN BUSINESS ENTERPRISES PREFERENCE. Pursuant tCity of biddewhich chi is achERPRISEall S P o.22011- 11- 33748, the City shall give a preference to a responsive and responsible owned and controlled by a veteran(s) or which is a service -disabled bidder dder eaan opportunityenterprise, providing said goodsor within five percent (5%) of the lowest and best bidder, by providing such of the oing contractual services for the lowest responsive bid amount. Whenever, ownted and contgrolled by aeveteean(s) , the adjusted prices of two (2) or more bidders which are a small business concern or a service -disabled veteran business enterprise constitute the lowest bid pursuant to an ITB or and otherwise equal with respect to oral qualityiand request for quotation, and such bids are responsive, responsible service, then the award shall be made to the service -disabled veteran business enterprise. ud g 13. CONTRACT PRICE. Bid Price is to include the furnishingall lcompletioneof therials, eWork exceptquipment ) aslnmayobe services, permit fees, applicable taxes, overhead and profit for the otherwise expressly provided in the solicitation. 14. 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 itffmeaon foe in thawardbest ntthesC ty t of tManager shall he City, to the City Manager for his consideration. After considering the stacommenda 5 ITB 2018 -085 -ZD 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. 15. 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. 16. BINDING CONTRACT. The signed bid shall be considered an offer on the part of the bidder, which offer shall be deemed accepted upon award of the bid by the City Commission. The City Commission's selection or approval of the City Manager's recommendation shall constitute a binding Contract between the City and the awarded bidder(s). The Contract shall include the solicitation, any and all addenda issued by the City and the Bid Proposal submitted the by bidder. In any discrepancy between the documents, the order of preference shall be as follows: 1) Addendum on , the Creverse order oof release;es orSservices from icitation; 3)'d otherpsourl. In case of ces and hold theltbidder responsible for any expart of the successful bcessrcost City may procure the item occasioned or incurred thereby. 17. VOLUME OF WORK TO BE RECEIVED BY CONTRACTOR. It is the intent of the City to purchase the goods and services specifically listed in this solicitation from the contractor, However, the City reserves the right to purchase any goods or services awarded from state or other governmental contract, or on an as -needed basis through the City's spot market purchase provisions. 18. GENERAL TERMS AND CONDITIONS. It is the responsibility of the Bidder to become thoroughly familiar with the Bid requirements, terms and conditions of this solicitation. Ignorance by the Bidder of conditions that exist or that may exist will not be accepted as a basis for varying the requirements of the City, or the compensation to be paid to the Bidder. 19. ACCEPTANCE OR REJECTION OF BIDS. The City reserves the right to reject any or all bids prior to award. Reasonable efforts will be made to either award the Contract or reject all bids within one -hundred twenty (120) calendar days after bid opening date. A Bidder may not withdraw its bid unilaterally nor change the Contract Price before the expiration of one hundred and twenty (120) calendar days from the date of bid opening. A Bidder may withdraw its bid after the expiration of one hundred twenty (120) calendar days from the date of bid opening by delivering written notice of withdrawal to the Department of Procurement Management prior to award of the Bid by the Mayor and City Commission. 20. ALTERNATE RESPONSES MAY BE CONSIDERED. The City may consider one (1) alternate response from the same Bidder for the same formal solicitation; provided, that the alternate response offers a different product that ITB 2018 -085 -ZD 6 meets or exceeds the formal solicitation requirements. In order for the City to consider an alternate response, the Bidder shall complete a separate Price Sheet form and shall mark "Alternate Response". Alternate response shall be placed in the same response. This provision only applies to formal solicitations for the procurement of goods, services, items, equipment, materials, and/or supplies. 21. AMERICAN WITH DISABILITIES ACT. To request this material in accessible format, sign language interpreters, information on access for persons with disabilities, and/or any accommodation to review any document or participate in any city -sponsored proceeding, please contact 305-604-2489 (voice), 305-673-7524 (fax) or 305-673-7218 (TTY) five days in advance to initiate your request. TTY users may also call 711 (Florida Relay Service). 22. NON-DISCRIMINATION. The Proposer certifies that it is in compliance with the non-discrimination clause contained in 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. In accordance with the City's Human Rights Ordinance, codified in Chapter 62 of the City Code, Proposer shall prohibit discrimination by reason of race, color, national origin, religion, sex, intersexuality, gender identity, sexual orientation, marital and familial status, and age or disability. 23. ASSIGNMENT. The successful bidder shall not assign, transfer, convey, sublet or otherwise dispose of the contract, including any or all of its right, title or interest therein, or his/her or its power to execute such contract, to any person, company or corporation, without the prior written consent of the City. 24. AUDIT RIGHTS AND RECORDS RETENTION. The Successful Bidder agrees to provide access at all reasonable times to the City, or to any of its duly authorized representatives, to any books, documents, papers and records of Contractor which are directly pertinent to this formal solicitation, for the purpose of audit, examination, excerpts, and transcriptions. The Successful Bidder shall maintain and retain any and all of the books, documents, papers and records pertinent to the Contract for three (3) years after the City makes final payment and all other pending matters are closed. Contractor's failure to or refusal to comply with this condition shall result in the immediate cancellation of this contract by the City. 25. BID BONDS, PERFORMANCE BONDS, CERTIFICATES OF INSURANCE. Bid Bonds, when required, shall be submitted with the bid in the amount specified in the Special Conditions. After acceptance of the bid, the City will notify the successful bidder to submit a performance bond and certificate of insurance in the amount specified in the Special Conditions. 26. BILLING INSTRUCTIONS. Invoices, unless otherwise indicated, must show purchase order numbers and shall be submitted to the ordering City department. 27. CANCELLATION. In the event any of the provisions of this Bid are violated by the bidder, the City shall give written notice to the bidder 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 bidder. 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 bidder. 28. CITY'S RIGHT TO WAIVE OR REJECT BIDS. The City Commission reserves the right to waive any informalities or irregularities in this Bid; or to reject all bids, or any part of any bid, as it deems necessary and in the best interest of the City of Miami Beach. ITB 2018 -085 -ZD 29. CLARIFICATION AND ADDENDA TO BID SPECIFICATIONS. If a bidder is in doubt as to the true meaning of the Bid specifications, or other Bid documents, or any part thereof, the bidder must submit to the City, at least seven (7) calendar days prior to the scheduled Bid opening date, a request for clarification. Any interpretation of the Bid, including, without limitation, responses to questions and request for clarification(s) from bidders, will be made only by Addendum duly issued by the City. In the event of conflict with the original specifications, the Addendum shall supersede such specifications, to the extent specified. Subsequent Addendum shall govern over prior Addendum only to the extent specified. The bidder shall be required to acknowledge receipt of any and all Addendum, and filling in and signing in the spaces provided in section 5.0, Acknowledgements/Affidavits. Failure to acknowledge Addendum may deem a bid non-responsive. The City will not be responsible for explanations, interpretations, or answers to questions made verbally or in writing by any City representative, unless issued by the City via formal written Addendum to this Bid. Any questions or clarifications concerning the Bid shall be submitted in writing to the Department of Procurement Management (DPM), 1700 Convention Center Drive, Miami Beach, FL 33139 with a copy to the City Clerk. 30. COLLUSION. Where two (2) or more related parties each submit a bid or bids for any contract, such bids or bids shall be presumed to be collusive. The foregoing presumption may be rebutted by presentation of evidence as to the extent of ownership, control and management of such related parties in the preparation and submittal of such bid or bids. 'Related parties" means bidders or the principals thereof which have a direct or indirect ownership interest in another bidder for the same contract, or in which a parent company or the principals thereof of one (1) bidder have a direct or indirect ownership interest in another bidder for the same contract. Bid or bids found to be collusive shall be rejected. Bidders who have been found to have engaged in collusion may also be suspended or debarred, and any contract resulting from collusive bidding may be terminated for cause. 31. CONDITION AND PACKAGING. Bidder guarantees items offered and delivered to be the current standard production model at time of bid and shall offer expiration dating of at least one year or later. Bidder also guarantees items offered and delivered to be new, unused, and free from any and all defects in material, packaging and workmanship and agrees to replace defective items promptly at no charge to the City of Miami Beach, for the manufacturer's standard warranty but in no case for a period of less than 12 months from date of acceptance. All containers shall be suitable for storage or shipment, and all prices shall include standard commercial packaging. 32. CONTRACT EXTENSION. The City reserves the right to require the Contractor to extend contract past the stated termination date for a period of up to 120 days in the event that a subsequent contract has not yet been awarded. Additional extensions past the 120 days may occur as needed by the City and as mutually agreed upon by the City and the contractor. 33. DELIVERY. Unless actual date of delivery is specified (or if specified delivery cannot be met), show number of days (in calendar days) required to make delivery after receipt of purchase order, in space provided. Delivery time may become a basis for making an award. Delivery shall be within the normal working hours of the City using Department, Monday through Friday, excluding holidays. Receiving hours are Monday through Friday, excluding holidays, from 8:30 A.M. to 4:00 P.M. 34. DELIVERY TIME. Bidders shall specify in the attached Bid Form, the guaranteed delivery time (in calendar days) for each item. It must be a firm delivery time; no ranges (For example, 12-14 days) will be accepted. ITB 2018 -085 -ZD 8 35. DEMONSTRATION OF COMPETENCY. A. Pre -award inspection of the bidder's facility may be made prior to the award of contract. B. Bids will only be considered from firms which are regularly engaged in the business of providing the goods and/or services as described in this Bid. C. Bidders must be able to demonstrate a good record of performance for a reasonable period of time, and have sufficient financial capacity, equipment, and organization to ensure that they can satisfactorily perform the services if awarded a contract under the terms and conditions of this Bid. D. the terms "equipment and organization", as used herein shall, be construed to mean a fully equipped and well established company in line with the best business practices in the industry, and as determined by the City of Miami Beach. E. The City may consider any evidence available regarding the financial, technical, and other qualifications and abilities of a bidder, including past performance (experience), in making an award that is in the best interest of the City. F. The City may require bidders to show proof that they have been designated as authorized representatives of a manufacturer or supplier, which is the actual source of supply. In these instances, the City may also require material information from the source of supply regarding the quality, packaging, and characteristics of the products to be supply to the City. Any material conflicts between information provided by the source of supply and the information contained in the bidder's bid may render the bid non-responsive. G. The City may, during the period that the contract between the City and the successful bidder is in force, review the successful bidder's record of performance to ensure that the bidder is continuing to provide sufficient financial support, equipment, and organization as prescribed in this bid. Irrespective of the bidder's performance on contracts awarded to it by the City, the City may place said contracts on probationary status and implement termination procedures if the City determines that the successful bidder no longer possesses the financial support, equipment, and organization which would have been necessary during the bid evaluation period in order to comply with the demonstration of competency required under this subsection. 36. DISPUTES. In case of any doubt or difference of opinion as to the items and/or services (as the case may be) to be furnished hereunder, the decision of the City shall be final and binding on all parties. 37. DISPUTES. In the event of a conflict between the Bid documents, the order of priority of the documents shall be as follows: A. Any contract or agreement resulting from the award of this Bid; then B. Addendum issued for this Bid, with the latest Addendum taking precedence; then C. The Bid; then D. The bidder's bid in response to the Bid. 38. DEFAULT. Failure or refusal of a bidder to execute award is made, may result in forfeiture of that portion of the City thereby; or, where surety is not required, failure for removing the bidder from the City's bidders list. 39. EQUIVALENTS. If a bidder offers makes of equipment or brands of supplies other than those specified in the Bid specifications, he must so indicate in his bid. Specific article(s) of equipment/supplies shall conform in quality, design and construction with all published claims of the manufacturer. The bidder shall indicate in the Bid Form the manufacturer's name and number if bidding other than the specified a contract upon award, or withdrawal of a bid before such any bid surety required as liquidated damages incurred by to execute a contract as described above may be grounds ITB 2018 -085 -ZD 9 n specified brands, and shall indicate ANY deviation from hn cal Iperaturefo markedlisted to ' ndica Bid � 0ahl�tlth�onforman e items with offered requires complete descriptive toWITHUT specifications, and MUST BE INCLUDED WITH THE JUDGE OF EQUALITY /AND ITS QECISCONSIDERED ION SHALL BO FINALS INFORMATION. THE CITY SHALL BE THE SOLE onal s Note as to Brand Names: Catalog numbers, manlevel only names, not be construed asrannendorsfemengtuorea as to a standard of acceptable product quality Y and should product limitation of recognized and legitimate manufacturers. Bidders shall formally substantiate and verify that product(s) offered conform with or exceed quality as listed in the specifications. 40. 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. 41. EMERGENCY RESPONSE PRIORITY. It is hereby made a part of this solicitation mathat jeure that beeo bCefore, ringf,and Beach, after a public emergency, disaster, hurricane, tornado, flood, or other Florida shall receive a "First Priority" for any godoable ds and It isvitaland emperatices covred tlerany award that the majority toff gitizensfrom tare his solicitation, including balance of line items as app 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. 42. ESTIMATED QUANTITIES. Estimated quantities or estimated a �dlV Ibe usedlars, if rdurd�ing the coed, are ontrar ict periodThe City is guidance only. No guarantee is expressed or implied as to quantities or dollars 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 bidder meets specifications. 43. EXCEPTIONS TO BID. Bidders are strongly encouraged satisfythe requirements in this Bid, review may specifications deemed nonl� conditions set forth in this Bid. Bidders who failf}+ responsive and receive no further consideration. Should your proposed bid not be able to meet one (1) or more of the requirements set forth in this Bid and you are proposing alternatives and/or exceptions to said requirements, you must notify the Procurement Office, in writing, at least five (5) days prior to the deadline for submission of bids. The City reserves the right to revise the scope of services via Addendum prior to the deadline for receipt of bids. 44. FACILITIES. The City, through its City Manager or his/her authorized designee, reserves the right to inspect the bidder's facilities at any time, upon reasonable prior written or verbal notice. 45. FLORIDA PUBLIC RECORDS LAW. Bidders are hereby notified that all Bid including, without limitation, any and all information and documentation submitted rt ere1 of the State Conth, are ptitution from P nbl such time as the City provides ulic records requirements under Section 119.07(1), Florida Statutes, and s. 24(a), notice of an intended decision or until thirty (30)/0 Florida Statute 119 Q701s after opening of t including,bids, but not limitedhichever is rtoragrdeementlt Contractor agrees to be in full compliance with F (a) Keep and maintain public records that ordinarilywith adnecessarily ould be reuired by the Ccess to public wecords onahe same terms Gond tons agency in order to perform the services; (b) provide the pub/ed in ter that the public agency would provide the records ot exemptdor confidentialthe cost dand exefmpt fs oor as otherwise provided by law; (c) Ensure public records that are public records disclosure requirements are not disclosed except as authorized by law; (d) Meet all requirements for 10 ITB 2018 -085 -ZD retaining public records and transfer, at no cost, to the public agency all public records in possession of the contractor 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. 46. F.O.B. DESTINATION. Unless otherwise specified in the Formal Solicitation, all prices quoted/proposed by the bidder must be F.Q.B. DESTINATION, inside delivery, with all delivery costs and charges included in the bid 'price, unless otherwise specified in this Formal Solicitation. Failure to do so may be cause for rejection of bid. 47. GRATUITIES. Bidders shall not offer any gratuities, favors, or anything of monetary value to any official, employee, contractor, or agent of the City, for the purpose of influencing consideration of this Bid. 48. INDEMNIFICATION. The successful Bidder shall indemnify and hold harmless the City and its officers, employees, agents and instrumentalities from any and all liability, losses or damages, including attorney'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 successful Bidder or its employees, agents, servants, partners, principals or subcontractors. The successful 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 attorney's fees which may be incurred thereon. The successful Bidder expressly understands and agrees that any insurance protection required by this Agreement or otherwise provided by the successful Bidder shall in no way limit the responsibility to indemnify, keep and save harmless and defend the City or its officers, employees, agents and instrumentalities as herein provided. The above indemnification provisions shall survive the expiration or termination of this Agreement. 49. 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 bidder 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. 50. LAWS, PERMITS AND REGULATIONS. The bidder shall obtain and pay for all licenses, permits, and inspection fees required under the contract; and shall comply with all Applicable Laws. 51. LEGAL REQUIREMENTS. The bidder shall be required to comply with all federal, State of Florida, Miami -Dade County, and City of Miami Beach codes, laws, ordinances, and/or rules and regulations that in any manner affect the items covered herein (collectively, Applicable Laws). Lack of knowledge or ignorance by the bidder with/of Applicable Laws will in no way be a cause for relief from responsibility. 52. 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 bidder will assume the full duty, obligation and expense of obtaining all necessary licenses, permits, and insurance, and assure all work complies with all Applicable Laws. The bidder shall be liable for any damages or loss to the City occasioned by negligence of the bidder, or his/her officers, employees, contractors, and/or agents, for failure to comply with Applicable Laws. ITB 2018 -085 --ZD 11 to rm ts duties and 53. MANNER OF PERFORMANCE. Bidder State sCountrfoandl Federal laws, ables,tregulationsprofessional ades Bidder and in accordance with all applicable Local, Y agrees that the services provided shall be provided by designes thaare educated, ated est Bidder agrees to fumishpo thecC�y any'f and ed, and licensed in all areas encompassed within their des g all documentation, certification, authorization, license, na tslamrloyees will keepation ralltly lcenses�permtspreg registrations, rules, and regulations. Bidder further certifies that p authorizations, or certifications required by applicable laws r regutations in tute a full force and effect feria/ breach of this theterm of a this contract. Failure of bidder to comply with this paragraph 54. MISTAKES. Bidders are expected to examine the specifications, delivery schedules, bid prices, and extensions, and all instructions pertaining to supplies and services. Failure to do so will be at the bidder's risk and may result in the bid being non-responsive. lace all or any ortion of 55. MODIFICATION/WITHDRAWALS OF BIDS. A bidd{'r mea may mit a drecedbid to �ived after the bid due date pond time a previously submitted bid up until the bid due date and will NOT be considered. Bids shall be irrevocable until contract award uni�houss Wtahcdontract award.n in Letters of wprior to the �hdrawalaeceived afterphetbid of 120 calendar days from the opening of bids w due date and before said expiration date and letters of withdrawal received after contract award will NOT be considered. 56. NON-CONFORMANCE TO CONTRACT CONDITIONS.be re ected and ems may eetu nedtested for at the compliance r's expense. c These Items delivered, not conforming to specifications, y 1 items, as well as items not delivered as per delivery in cost d n berpurchase order, may be cha charged against the bidder,Anyviolation of d by the City, at its discretion, on the open market. Any increasemay these stipulations may also result in the bidder's name being removed from the City's vendor list. her units of 57. OPTIONAL CONTRACT USAGE. When the successfulpursuant toitdder(s) is he award`n agreement, of this contract iat the option government of the unit of or non-profit agencies may participate in purchases government or non-profit agency. 58. OSHA. The bidder warrants to the City that any work, services, supplies, materials or equipment supplied s set orth in ional y pursuant to this Bid shall conform in all respects to the dcondditionf will beide O edpbrteach of cotntracdt.Health Any fines of 1970, as amended, and the failure to comply with this levied because of inadequacies to comply with this condition shall be borne solely by the bidder. 59. PATENTS & ROYALTIES. The bidder shall indemnify and save harmless the City of MiamiaBeach, , Fld expenses ses , and its officers, employees, contractors, and/or agents, from liability of any nature or kind, g costfor, or on account of, any copyrighted, patented, or unpatented invention, process, or article manufactured or used in the performance of the contract, including its use by the City of Miami mutually understood and ageach, Florida. If the beedewithout exception, on, uses any design, device or materials covered by letters, patent, or copyright, it is that the bid prices shall include all royalties or cost arising from the use of such design, device, or materials in any way involved in the work. 60. PAYMENT. Payment will be made by the City after the items have been received, inspected, and found to comply with Bid specifications, free of damage or defect, and properly invoiced. 61. PRICES QUOTED. Prices quoted shall remain firm and fixed during the duration of the contract. In completing 12 ITB 2018 -085 -ZD the bid form, state both unit price and extended total, when requested. Prices must be stated in units of quantity specified in the bidding specifications. In case of discrepancy in computing the amount of the bid, the UNIT PRICE quoted will govern. All prices must be F.O.B. destination, freight prepaid (unless otherwise stated in Special Conditions). The Bidder may offer cash discounts for prompt payments; however, such discounts will not be considered in determining the lowest price during bid evaluation. Bidders are requested to provide prompt payment terms in the space provided on the Bid submittal signature page of the solicitation. Award, if made, will be in accordance with terms and conditions stated herein. Each item must be bid separately, and no attempt is to be made to tie any item or items in with any other item or items. Cash or quantity discounts offered will not be a consideration in determination of award of bid(s). 62. PRODUCT INFORMATION. Product literature, specifications, and technical information, including Manufacturer's Safety Data Sheets (MSDS) should be provided with this bid as an attachment to the "BID FORM". However, in all cases must be provided within five (5) calendar days upon request from Purchasing Agent. 63. REASONABLE ACCOMMODATION. In accordance with Title II of the Americans with Disabilities Act, any person requiring an accommodation at the Bid opening because of a disability must contact the Procurement Division. 64. SAMPLES. Bids submitted as an "equal" product must be accompanied with detailed specifications. Samples of items, when required, must be furnished free of expense and, if not destroyed, will, upon request, be returned at the bidder's expense. Bidders will be responsible for the removal of all samples furnished within (30) days after bid opening. All samples will be disposed of after thirty (30) days. Each individual sample must be labeled with the bidder's name. Failure of the bidder to either deliver required samples, or to clearly identify samples may be reason for rejection of the bid. Unless otherwise indicated, samples should be delivered to the Procurement Division, 1700 Convention Center Drive, Miami Beach, FL 33139. 65. SPECIAL CONDITIONS. Any and all Special Conditions that may vary from these General Terms and Conditions shall have precedence. 66. SPOT MARKET PURCHASES. It is the intent of the City to purchase the items specifically listed in this Bid from the successful bidder. However, the City reserves the right to purchase the items from state or other governmental contract, or on an as -needed basis through the City's spot market purchase provisions. 67. SUBSTITUTIONS. After award of contract, the City WILL NOT accept substitute shipments of any kind, without previous written approval. The bidder is expected to furnish the brand quoted in its bid. Any substitute shipments will be returned at the bidder's expense. 68. TAXES. The City of Miami Beach is exempt from all Federal Excise and State taxes. 69. TIE BIDS. In accordance with Florida Statues Section 287.087, regarding identical tie bids, preference will be given to bidders certifying that they have implemented a drug free work place program. A certification form will be required. In the event of a continued tie between two or more bidders after consideration of the drug free workplace program, the City's Local Preference and Veteran Preference ordinances will dictate the manner by which a tie is to be resolved. In the event of a continued tie after the Local and Veteran Preference ordinances have been applied or the tie exists between bidders that are not Local or Veteran, the breaking of the tie shall be at the City Manager's discretion, which will make a recommendation for award to the City Commission. ITB 2018 -085 -ZD 13 70. TERMINATION FOR DEFAULT. If the successful bidder shall fail to fulfill in a timely manner, or otherwise violate, any of the covenants, agreements, or stipulations material to the Bid and/or the contract entered into with the City pursuant thereto, the City shall thereupon have the right to terminate the work and/or services then remaining to be performed by giving written notice to the bidder of such termination, which shall become effective upon receipt by the bidder of the written termination notice. In that event, the City shall compensate the successful bidder in accordance with the term of the contract for all work and/or services satisfactorily performed by the bidder prior to termination, net of any costs incurred by the City as a consequence of the default. Notwithstanding the above, the successful bidder shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of the contract by the bidder, and the City may reasonably withhold payments to the successful bidder for the purposes of set off until such time as the exact amount of damages due the City from the successful bidder is determined. The City may, at its discretion, provide reasonable "cure period" for any contractual violation prior to termination of the contract; should the successful bidder fail to take the corrective action specified in the City's notice of default within the allotted cure period, then the City may proceed to terminate the contract for cause in accordance with this subsection 1.57. 71. TERMINATION FOR CONVENIENCE OF CITY. The City may, for its convenience, terminate the work and/or services then remaining to be performed, at any time, by giving written notice to the successful bidder of such termination, which shall become effective thirty (30) days following receipt by bidder of such notice. In that event, all finished or unfinished documents and other materials shall be properly delivered to the City. If the contract is terminated by the City as provided in this subsection, the City shall compensate the successful bidder in accordance with the terms of the contract for all and without cause and/or any resulting liability to the City, work and/or services actually performed by the successful bidder, and shall also compensate the bidder for its reasonable direct costs in assembling and delivering to City all documents. No compensation shall be due to the successful bidder for any profits that the successful bidder expected to earn on the balanced of the contract. Such payments shall be the total extent of the City's liability to the successful bidder upon a termination as provided for in this subsection. 72. UNDERWRITERS' LABORATORIES. Unless otherwise stipulated in the Bid, all manufactured items and fabricated assemblies shall be U.L. listed or re-examination listing where such has been established by U.L. for the item(s) offered and furnished. 73. ADDITIONAL SERVICES. Although this solicitation and resultant contract identifies specific goods, services or facilities ("items"), it is hereby agreed and understood that the City, through the approval of the Department and Procurement Directors (for additional items up to $50,000) or the City Manager (for additional items greater than $50,000), may require additional items to be added to the Contract which are required to complete the work. When additional items are required to be added to the Contract, awarded vendor(s), as applicable to the item being requested, under this contract may be invited to submit price quote(s) for these additional requirements. If these quote(s) are determined to be fair and reasonable, then the additional work will be awarded to the current contract vendor(s) that offers the lowest acceptable pricing. The additional items shall be added to this contract by through a Purchase Order (or Change Order if Purchase Order already exists). In some cases, the City may deem it necessary to add additional items through a formal amendment to the Contract, to be approved by the City Manager. The City may determine to obtain price quotes for the additional items from other vendors in the event that fair and reasonable pricing is not obtained from the current contract vendors, or for other reasons at the City's discretion. ITB 2018 -085 -ZD 14 SECTION 0300 BID SUBMITTAL INSTRUCTIONS AND FORMAT 1. SEALED BIDS. One original Bid Proposal (preferably in 3 -ring binder) must be submitted in an opaque, sealed envelope or container on or before the due date established for the receipt of bids. Additionally, five (5) bound copies and one (1) electronic format (CD or USB format) are to be submitted, with the original submission or within two (2) business days of request by the City. The following information should be clearly marked on the face of the envelope or container in which the bid is submitted: Bid Number, Bid Title, Bidders Name, Bidder Return Address. Bids received electronically, either through email or facsimile, are not acceptable and will be rejected. Bid Proposals are to be delivered to the following address: City of Miami Beach Procurement Department 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 2. BID PROPOSAL. The Bid Proposal is to include the following: • TAB 1 — Cost Proposal Form (Appendix E). The Cost Proposal Form (Appendix E) shall be completed mechanically or, if manually, in ink. Cost Proposal Forms submitted in pencil shall be deemed non-responsive. All corrections on the Cost Pro.osal Form shall be initialed. FAILURE TO SUBMIT THE MOST RECENT BID PROPOSAL FORM (EITHER INCLUDED IN THE ORIGINAL ITB OR RELEASED VIA AN ADDENDUM) FULLY EXECUTED MAY RESULT IN BID BEING DEEMED NOT RESPONSIVE AND NOT BEING FURTHER CONSIDERED. • TAB 2 — Bid Certification, Questionnaire and Affidavits (Appendix A). FAILURE TO SUBMIT APPENDIX A WITH THE BID, ON OR BEFORE THE DUE DATE FOR RECEIPT OF BIDS, WILL RESULT IN BID BEING DEEMED NOT RESPONSIVE AND NOT BEING FURTHER CONSIDERED. • TAB 3 — Documentation indicating compliance with Minimum Eligibility Requirements • TAB 4 — If submitting bid for "or equal" submit, two (2) complete sets of product information sheets (such as factory specifications, standard manufacturer information sheets, catalogues, and brochures) for all approved "equal" products included in Appendix E. FAILURE TO SUBMIT THE REQUESTED DOCUMENTATION FOR TAB 4, WITH THE BID OR UPON TWO (2) BUSINESS DAYS OF REQUEST BY THE CITY, MAY RESULT IN THE BID BEING DEEMED NOT RESPONSIVE AND NOT BEING FURTHER CONSIDERED. 3. LATE BIDS. Bid Proposals are to be received on or before the due date established herein for the receipt of Bids. Any Bid received after the deadline established for receipt of proposals will be considered late and not be accepted or will be returned to Proposer unopened. The City does not accept responsibility for any delays, natural or otherwise. ITB 2018-085—ZD 15 APPENDIX A MI BEACH Proposal Certification, Questionnaire & Requirements Affidavit ITB No. 2018 -085 -ZD MIAMI BEACH CONVENTION CENTER (MBCC) FOOD SERVICE EQUIPMENT ITB 2018 -085 -ZD PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 16 BEJA Solicitation No: 2018 -085 -ZD Solicitation Title: MIAMI BEACH CONVENTION CENTER (MBCC) FOOD SERVICE EQUIPMENT Procurement Contact: Zuleika Davidson Tel: (305) 673-7000 x 6943 Email: zuleikadavidson r(r�,miamibeachfl.gov PROPOSAL CERTIFICATION, QUESTIONNAIRE & REQUIREMENTS AFFIDAVIT Purpose: The purpose of this Proposal Certification, Questionnaire and Requirements Affidavit Form is to inform prospective Proposers of certain solicitation and contractual requirements, and to collect necessary information from Proposers in order that certain portions of responsiveness, responsibility and other determining factors and compliance with requirements may be evaluated. This Proposal Certification, Questionnaire and Requirements Affidavit Form is a REQUIRED FORM that must be submitted fully completed and executed with the bid, on or before the due date and time for receipt of bids. 1. General Proposer Information. FIRM NAME: SAA TE .. AND SON IN". NO OF YEARS IN BUSINESS: iNO 1Q OF YEARS IN USINESS LOCALLY: C NO. OFM LOYEES: �3 OTHER NAME(S) PROPOSER HAS OPERATED UNDER IN THE LAST 10 YEARS: FIRM PRIMARY ADDRESS(HEADQUARTERS): SAM TELL AND SON INC. CITY: 300 SMITH SI REIT STATE: FARMNLE, NY 11735 TELEPHONE NO.I __51-01T-10() 0 U 17 1 TOLL FREE NO.: FAX NO,: 2 i z- © 1 ! © 1 FIRM LOCAL ADDRESS: SAM TELL AND SON INC, CITY: 300 SMITH SI REET STATE: FARlVIINGDALE Nrf1735 PRIMARY ACCOUNT REPRESENTATIVES TFBS ENGAWv1EN ` I cc J r � ACCOUNT REP TELEPHONE NO.: ACCOUNT REP TOLL FREE NO.: ACCOUNT REP EMAIL: 11 I ace/ t. --S cl,-/I'll'e- 0 r C --e%' Viri f^'1 FEDERAL TAX IDENTIFICATION NO.: 13-X5`3`62b)- The City reserves the right to seek additional information from Proposer 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 Proposer to perform in accordance with contract requirements. ITB 2018-085—ZD 17 Veteran Owned Business. Is Pro oser claiming a vete n owned business status? YES NO SUBMITTAL REQUIREMENT: Proposers claiming veteran owned business status shall submit a documentation proving that firm is certified as a veteran -owned business or a service -disabled veteran owned business by the State of Florida or United States federal government, as required pursuant to ordinance 2011-3748. 2. Financial Capacity. When requested by the City, each Proposer shall arrange for Dun & Bradstreet to submit a Supplier Qualification Report (SQR) directly to the Procurement Contact named herein. No proposal will be considered without receipt, by the City, of the SQR directly from Dun & Bradstreet. The cost of the preparation of the SQR shall be the responsibility of the Proposer. The Proposer shall request the SQR report from D&B at: https:llsuppiierportal.dnb.comlwebapplwcslstores/servlet/SupplierPortal?storeld=11696 Proposers are responsible for the accuracy of the information contained in its SQR. It is highly recommended that each Proposer 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 800-4242495. SUBMITTAL REQUIREMENT: Proposer shall request that Dun & Bradstreet submit its Supplier Qualifier Report directly to the City, with bid or within 2 days of request. 3. Conflict Of Interest. All Proposers must disclose, in their Proposal, 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 Proposers must disclose the name of any City employee who owns, either directly or indirectly, an interest of ten (10%) percent or more in the Proposer entity or any of its affiliates. SUBMITTAL REQUIREMENT: Proposers 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. Proposers must also disclose the name of any City employee who owns, either directly or indirectly, an interest of ten (10%) percent or more in the Proposer entity or any of its affiliates. 4. References & Past Performance. Proposer shall submit at least three (3) references for whom the Proposer has completed work similar in size and nature as the work referenced in solicitation. SUBMITTAL REQUIREMENT: For each reference submitted, the following information is required: 1) Firm Name, 2) Contact Individual Name & Title, 3) Address, 4) Telephone, 5) Contact's Email and 6) Narrative on Scope of Services Provided. 5. Suspension, Debarment or Contract Cancellation. Has Proposer ever been debarred, suspended or other legal violation, or had a contract cancelled due to non-performance b an lic sector agency? YES NO SUBMITTAL REQUIREMENT: If answer to above is "YES," Proposer shall submit a statement detailing the reasons that led to action(s). 6. Vendor Campaign Contributions. Proposers are expected to be or become familiar with, the City's Campaign Finance Reform laws, as codified in Sections 2-487 through 2-490 of the City Code. Proposers shall be solely responsible for ensuring that all applicable provisions of the City's Campaign Finance Reform laws are complied with, and shall be subject to any and all sanctions, as prescribed therein, including disqualification of their Proposals, in the event of such non-compliance. SUBMITTAL REQUIREMENT: Submit the names of all individuals or entities (including your sub -consultants) with a controlling financial interest as defined in solicitation. For each individual or entity with a controlling financial interest indicate whether or not each individual or entity has contributed to the campaign either directly or indirectly, of a candidate who has been elected to the office of Mayor or City Commissioner for the City of Miami Beach. 7. Code of Business Ethics. Pursuant to City Resolution No.2000-23879, each person or entity that seeks to do business with the City shall adopt a Code of Business Ethics (Code") and submit that Code to the Procurement Division with its proposal/response or within five (5) days upon receipt of request. The Code shall, at a minimum, require the Proposer, to comply with all applicable ITB 2018-085—ZD 18 8. governmental rules and regulations including, among others, the conflict of interest, lobbying and ethics provision of the City of Miami Beach and Miami Dade County SUBMITTAL REQUIREMENT: Proposer shall submit firm's Code of Business Ethics. In lieu of submitting Code of Business Ethics. Proposer may submit a statement indicating that it will adopt, as required in the ordinance, the City of Miami Beach Code of Ethics, available at www.miamibeachfl.gov/procurement/. 9. Equal Benefits for Employees with Spouses and Employees with Domestic Partners. When awarding competitively solicited contracts valued at over $100,000 whose contractors maintain 51 or more full time employees on their payrolls during 20 or more calendar work weeks, the Equal Benefits for Domestic Partners Ordinance 2005-3494 requires certain contractors doing business with the City of Miami Beach, who are awarded a contract pursuant to competitive proposals, to provide "Equal Benefits" to their employees with domestic partners, as they provide to employees with spouses. The Ordinance applies to all employees of a Contractor who work within the City limits of the City of Miami Beach, Florida; and the Contractor's employees located in the United States, but outside of the City of Miami Beach limits, who are directly performing work on the contract within the City of Miami Beach, A. Does your company provide or offer access to any benefits to employees with spouses or to spouses of employees? (t� YES NO B. Does your company provide or offer access to any benefits to employees with (same or opposite sex) domestic partners* or to domestic partners of ployees? YES NO C. Please check all benefits that apply to your answers above and list in the "other" section any additional benefits not already specified. Note: some benefits are provided to employees because they have a spouse or domestic partner, such as bereavement leave; other benefits are provided directly to the spouse or domestic partner, such as medical insurance. BENEFIT Firm Provides for Employees with Spouses Firm Provides for Employees with Domestic Partners Firm does not Provide Benefit Health Sick Leave Family Medical Leave Bereavement Leave If Proposer cannot offer a benefit to domestic partners because of reasons outside your control, (e.g., there are no insurance providers in your area willing to offer domestic partner coverage) you may be eligible for Reasonable Measures compliance. To comply on this basis, you must agree to pay a cash equivalent and submit a completed Reasonable Measures Application (attached) with all necessary documentation. Your Reasonable Measures Application will be reviewed for consideration by the City Manager, or his designee. Approval is not guaranteed and the City Manager's decision is final. Further information on the Equal Benefits requirement is available at www.miamibeachfl.gov/procuremen ITB 2018-085—ZD 19 10. Public Entity Crimes. Section 287.133(2)(a). Florida Statutes, as currently enacted or as amended from time to time, states that a person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a proposal, proposal, or reply on a contract to provide any goods or services to a public entity: may not submit a proposal, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit proposals, proposals. or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list. SUBMITTAL REQUIREMENT: No additional submittal is required. By virtue of executing this affidavit document, Proposer agrees with the requirements of Section 287.133, Florida Statutes, and certifies it has not been placed on convicted vendor list. 11. Non•Discrimination. Pursuant to City Ordinance No.2016-3990. the City shall not enter into a contract with a business unless the business represents that it does not and will not engage in a boycott as defined in Section 2-375(a) of the City Code, including the blacklisting, divesting from, or otherwise refusing to deal with a person or entity when such action is based on race, color, national origin, religion, sex, intersexuality, gender identity, sexual orientation, marital or familial status, age or disability. SUBMITTAL REQUIREMENT: No additional submittal is required. By virtue of executing this affidavit document, Proposer agrees it is and shall remain in full compliance with Section 2-375 of the City of Miami Beach City Code. 12. Moratorium on Travel to and the Purchase of Goods or Services from North Carolina and Mississippi. Pursuant to Resolution 2016-29375, the City of Miami Beach, Florida, prohibits official City travel to the states of North Carolina and Mississippi, as well as the purchase of goods or services sourced in North Carolina and Mississippi. Proposer shall agree that no travel shall occur on behalf of the City to North Carolina or Mississippi, nor shall any product or services it provides to the City be sourced from these states. SUBMITTAL REQUIREMENT: No additional submittal is required. By virtue of executing this affidavit document, Proposer agrees it is and shall remain in full compliance with Resolution 2016-29375. 13. Fair Chance Requirement. Pursuant to Section 2-376 of the City Code, the City shall not enter into any contract resulting from a competitive solicitation, unless the proposer certifies in writing that the business has adopted and employs written policies, practices, and standards that are consistent with the City's Fair Chance Ordinance, set forth in Article V of Chapter 62 of the City Code ("Fair Chance Ordinance"), and which, among other things, (1) prohibits City contractors, as an employer, from inquiring about an applicant's criminal history until the applicant is given a conditional offer of employment; (ii) prohibits advertising of employment positions with a statement that an individual with a criminal record may not apply for the position, and (iii) prohibits placing a statement on an employment application that a person with a criminal record may not apply for the position. SUBMITTAL REQUIREMENT: No additional submittal is required at this time. By virtue of executing this affidavit, Proposer certifies that it has adopted policies, practices and standards consistent with the City's Fair Chance Ordinance. Proposer agrees to provide the City with supporting documentation evidencing its compliance upon request. Proposer further agrees that any breach of the representations made herein shall constitute a material breach of contract, and shall entitle the City to the immediate termination for cause of the agreement, in addition to any damages that may be available at law and in equity. 14. Acknowledgement of Addendum. After issuance of solicitation, the City may release one or more addendum to the solicitation which may provide additional information to Proposers or alter solicitation requirements. The City will strive to reach every Proposer having received solicitation through the City's e -procurement system, PublicPurchase.com. However, Proposers are solely responsible for assuring they have received any and all addendum issued pursuant to solicitation. This Acknowledgement of Addendum section certifies that the Proposer has received all addendum released by the City pursuant to this solicitation. Failure to obtain and acknowledge receipt of all addendum may result in proposal disqualification. Initial to Confirm Receipt Initial to Confirm Receipt Initial to Confirm Receipt 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. ITB 2018-085—ZD 20 EAC, DISCLOSURE AND DISCLAIMER SECTION The solicitation referenced herein is being fumished to the recipient by the City of Miami Beach (the "City") for the recipient's convenience. Any action taken by the City in response to Proposals made pursuant to this solicitation, or in making any award, or in failing or refusing to make any award pursuant to such Proposals, 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 proposals, may accept or reject proposals, and may accept proposals which deviate from the solicitation, as it deems appropriate and in its best interest. In its sole discretion, the City may determine the qualifications and acceptability of any party or parties submitting Proposals in response to this solicitation. Following submission of a Bid or Proposal. the applicant agrees to deliver such further details, information and assurances, including financial and disclosure data, relating to the Proposal and the applicant including, without limitation, the applicant's affiliates, officers, directors, shareholders, partners and employees, as requested by the City in its discretion. The information contained herein is provided solely for the convenience of prospective Proposers. 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. Proposers should rely exclusively on their own investigations, interpretations, and analyses. 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 Proposal conforming to these requirements will be selected for consideration, negotiation, or approval. The City shall have no obligation or liability with respect to this solicitation, the selection and the award process, or whether any award will be made. Any recipient of this solicitation who responds hereto fully acknowledges all the provisions of this Disclosure and Disclaimer, is totally relying on this Disclosure and Disclaimer, and agrees to be bound by the terms hereof. Any Proposals submitted to the City pursuant to this solicitation are submitted at the sole risk and responsibility of the party submitting such Proposal. This solicitation is made subject to correction of errors, omissions, or withdrawal from the market without notice. Information is for guidance only, and does not constitute all or any part of an agreement. The City and all Proposers will be bound only as, if and when a Proposal (or Proposals), as same may be modified, and the applicable definitive agreements pertaining thereto, are approved and executed by the parties, and then only pursuant to the terms of the definitive agreements executed among the parties. Any response to this solicitation may be accepted or rejected by the City for any reason, or for no reason, without any resultant liability to the City. The City is governed by the Govemment-in-the-Sunshine Law, and all Proposals and supporting documents shall be subject to disclosure as required by such law. All Proposals shall be submitted in sealed proposal form and shall remain confidential to the extent permitted by Florida Statutes, until the date and time selected for opening the responses. At that time, all documents received by the City shall become public records. Proposers are expected to make all disclosures and declarations as requested in this solicitation. By submission of a Proposal, the Proposer acknowledges and agrees that the City has the right to make any inquiry or investigation it deems appropriate to substantiate or supplement information contained in the Proposal, and authorizes the release to the City of any and all information sought in such inquiry or investigation. Each Proposer certifies that the information contained in the Proposal is true, accurate and complete, to the best of its knowledge, information, and belief. Notwithstanding the foregoing or anything contained in the solicitation, all Proposers agree that in the event of a final unappealable judgment by a court of competent jurisdiction which imposes on the City any liability arising out of this solicitation, or any response thereto, or any action or inaction by the City with respect thereto, such liability shall be limited to $10,000.00 as agreed-upon and liquidated damages. The previous sentence, however, shall not be construed to circumvent any of the other provisions of this Disclosure and Disclaimer which imposes no liability on the City. In the event of any differences in language between this Disclosure and Disclaimer and the balance of the solicitation, it is understood that the provisions of this Disclosure and Disclaimer shall always govern. The solicitation and any disputes arising from the solicitation shall be govemed by and construed in accordance with the laws of the State of Florida. ITB 2018-085—ZD 21 BEACH PROPOSER CERTIFICATION I hereby certify that: I, as an authorized agent of the Proposer, am submitting the following information as my firm's proposal; Proposer agrees to complete and unconditional acceptance of the terms and conditions of this document, inclusive of this solicitation, all attachments, exhibits and appendices and the contents of any Addenda released hereto, and the Disclosure and Disclaimer Statement; Proposer agrees to be bound to any and all specifications, terms and conditions contained in the solicitation, and any released Addenda and understand that the following are requirements of this solicitation and failure to comply will result in disqualification of proposal submitted; Proposer has not divulged, discussed. or compared the proposal with other Proposers and has not colluded with any other Proposer or party to any other proposal; Proposer acknowledges that all information contained herein is part of the public domain as defined by the State of Florida Sunshine and Public Records Laws; all responses, data and information contained in this proposal, inclusive of the Proposal Certification, Questionnaire and Requirements Affidavit are true and accurate. Name of Proposer's Authorized Representative: F-2 c---T. o- e.. ! Title of Proposers Authorized Representative: fc e5.5 c e_ wt Signature of Proposers Aut nzed Representative: tilt."' Date: / i / 0 At, o itk State of ROMA County of ' .A r 0A1 of y4M leg `1 D^' iv-, a corporation, the said corporation by authority of instrument to be its voluntary act and On this 1 day of + ! t .ty , 20te ersonally appeared before 'It. i; who stated that (s)he is the ,- and -and that the instrument was signed in behalf of its board of directors and acknowledged said deed. Before me: Notary Public for the State of My Commission Expires: TAMMY EGAN Notary Public, State of New York No. 01EG6353445 Oualified In Suffolk County Commission Expires 01/23/2021 ITB 2018-085—ZD 22 APPENDIX C /\IAW\.i BEACH Minimum Requirements & Specifications ITB No. 2018 -085 -ZD MIAMI BEACH CONVENTION CENTER (MBCC) FOOD SERVICE EQUIPMENT PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 ITB 2018 -085 -ZD 25 C1. Minimum Requirements. The Minimum Eligibility Requirements for this solicitation are listed below. Proposer shall with its bid or within two (2) business days upon request from the City, submit detailed verifiable information affirmatively documenting compliance with each minimum requirement. Proposers that fail to comply with minimum requirements will be deemed non-responsive and will not be considered. 1. Previous Experience: Bidder shall submit at least two (2), current or past client references, to demonstrate that it has been in the business of providing items similar to those identified herein for at least three (3) years. SUBMITTAL REQUIREMENT: For each reference provided, the bidder shall submit the following information: 1) Firm Name, 2) Contact Individual Name & Title, 3) Address, 4) Telephone, 5) Contact's Email 6) Contract Dates, and 7) Narrative on Scope of Services Provided. C.2 Statement of Work. The City of Miami Beach is soliciting bids from experienced and qualified bidders to obtain pricing for the purchase, delivery, and unloading of food service equipment to be utilized by the City's food provider, Centerplate, at the Miami Beach Convention Center (MBCC). The City requires food service equipment to be utilized on various portable food preparation carts. All equipment shall be electric. The cost proposal form shall reference the manufacturer indicated. Products similar in design and equal in function may also be considered. Equal offers shall include descriptive literature and/or detailed specifications. Failure to include such specifications or literature for equal offers with bid or upon two (2) business days from City's written request shall be cause for disqualification of the bid. The City requires specific types of food service equipment, each with specific requirements, dimensions, and materials of construction as further defined herein, as follows: • Commercial Convection/Microwave Ovens; and • Two Sided Grill with Electronic Timers; and • Commercial Toasters; and • Greaseless Fryers; and • Counter Top Induction; and • Hot Dog Machines; and • Countertop Warming Shelves. It is the responsibility of the Bidder to provide, if introducing an "equal" to item, two (2) complete sets of product information sheets (such as factory specifications, standard manufacturer information sheets, catalogues, and brochures) with the bid or upon two (2) business days of request by the City, . Failure to provide said documentation will cause the Bidder to be determined to be non-responsive. ITB 2018 -085 -ZD 26 C3. Specifications. 3.1. TURBO CHEF ENCORE 2 HIGH SPEED COMMERCIAL CONVECTION/MICROWAVE OVEN OR APPROVED EQUIVALENT This oven shall use radiant heat, high-speed air impingement, and side -launched microwave to cook food rapidly, without compromising quality of product. 3.1.1. Dimension of this oven shall be approximately nineteen (19) inches in height (twenty- three with legs), twenty-one and 1/2 (21,5) inches wide, and twenty-seven and 1/2 (27.5) inches deep. 3.2. PRO -MAX GROOVED TWO-SIDED GRILL WITH ELECTRONIC TIMERS AND WITH PRO - LIFT HINGE, MODEL CGI4IEGT (STAR MANUFACTURING, INC.) OR APPROVED EQUIVALENT This is a grill with Heavy-duty grooved top and smooth bottom surfaces, made of cast iron. 3.2.1. Dimensions of this grill shall be approximately nineteen and 5/8 (19.625) inches wide by twenty-four and 5/8 (24.625) inches deep. 3.3. APW WYOTT AT -EXPRESS COMMERCIAL RADIANT CONVEYOR TOASTER OR APPROVED EQUIVALENT This is a bread toaster, capable of generating over three hundred (300) slices of toast per hour. The toaster shall have a variable speed control for the toast conveyor to produce optimum results in toasting color and texture. The toaster shall have the ability to turn off either the top or bottom element for one sided toasting. The toaster shall also have the ability to handle a variety of breads, bagels, or English muffins. 3.3.1. The toaster shall have a small footprint, not to exceed fifteen and 3/64 inches in width, seventeen and 3/16 inches in depth, and thirteen and 1/2 inches in height. 3.3.2. The toaster shall have a one and 1/2 inch mouth, a ten (10) inch wide belt, with metal sheathed elements. 3.3.3. The toaster shall be 120V, 1725W, with 14.4 amps. The toaster shall utilize a NEMA 5- 15P plug. 3.4. GREASELESS FRYER EXPRESS SYSTEM OR EQUIVALENT This is an Impingement air process system that cooks various types of fun food products such as wings, French fries, chicken nuggets, etc. using a hot air process that seals the food item outer layer, locking in moisture. 3.4.1. The Fryer Express shall have a small footprint, with dimensions of approximately fourteen and 1/4 (14.25) inches in height, nineteen (19) inches in width, and eighteen (18) inches in depth. 3.4.2. The Fryer shall be 120V, 1300W, with 10.9 amps. ITB 2018 -085 -ZD 27 3.5. MANITOWOC FOODSERVICE GARLAND COUNTERTOP INDUCTION WOK MODEL GIWOK-5.0 OR EQUIVALENT This is a counter top cooking device, with a total rating of 5.0 kW. The wok has a stainless steel casting, with a ceran ceramic glass wok well. Unit has a rotary power switch, and an integral cord and plug. 3.5.1. The Countertop Wok shall have dimensions of approximately fifteen (15) inches wide by seventeen (17) and 5/16 inches deep by seven (7) and 7/8 inches high, 3.5.2. The Wok shall be 208V, 5000W, with 14 amps. 3.6. EQUIPEX HOT DOG MACHINE MODEL CS4E OR EQUIVALENT This is a hot dog machine, that has a Pyrex glass steamer unit, which holds up to forty (40) hot dogs. The unit also has four (4) toasting spikes for buns. The unit also has a thermostatically controlled heating element. 3.6.1. The hot dog machine shall have dimensions of approximately eighteen (18) inches wide by eleven (11) inches deep by sixteen (16) inches high. 3.6.2. The machine shall be 120V, 650W, with 6 amps. It shall have an attached electrical cord, with a NEMA 5-15P plug end. 3.7. CADCO 26" PORTABLE COUNTERTOP WARMING SHELF MODEL WT -14S OR EQUIVALENT This is a warming shelf that contains a twenty (20) inch by fourteen (14) inch warming surface, constructed of stainless steel. The unit has a temperature control that can heat the shelf up to 205 degrees F. 3.7.1. The warming shelf shall have overall dimensions of approximately twenty-five (25) and V4 inches wide by fifteen (15) and 1/4 inches deep by two (2) and 1/4 inches high. 3.7.2. The Shelf shall be 120V, 300W and 2.5 amps. Balance of Page Intentionally Left Blank 1TB 2018 -085 -ZD 28 APPENDIX D At\/"d BEACH Special Conditions ITB No. 2018 -085 -ZD MIAMI BEACH CONVENTION CENTER (MBCC) FOOD SERVICE EQUIPMENT PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 ITB 2018 -085 -ZD 29 1. TERM OF CONTRACT. The contract shall remain in effect for three (3) years from date of contract execution by the Mayor and the City Clerk. During the contract period, the City may purchase additional items in any combination it deems necessary. 2. OPTIONS TO RENEW. The City, through its City Manager, will have the option to extend for an additional two (2), one (1) year period. Renewal of the contract is a City of Miami Beach prerogative, not a right of the Contractor. Such option will be exercised, if at all, only when it is in the best interest of the City of Miami Beach. In the event that the contract is held over beyond the term herein provided it shall only be from a month-to-month basis only 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, and shall not exceed six (6) months. 3. PRICES SHALL BE FIXED AND FIRM. All prices quoted in the awardee's bid submittal shall include all costs of packaging, transporting, delivery and unloading and remain firm and fixed, unless amended in writing by the City. 3.1 COST ESCALATION. Prices must be held firm during the initial term of the agreement. During the renewal term, the City may consider prices increases not to increase the applicable Bureau of Labor Statistics (www.bls.gov) CPI -U index or 3%, whichever is less. The City may also consider increases based on mandated Living Wage increases. In considering cost escalation due to Living Wage increases, the City will only consider the direct costs related to Living Wage increases, exclusive of overhead, profit or any other related cost. 4. ADDITIONAL QUANTITY OF ITEMS OR UNITS. Although this solicitation and resultant contract states a specific or an estimated number of items or units to be purchased by the City, it is understood and agreed that the City may purchase additional items or units from the vendor; provided that these additional items or units represent the same manufacturer, model or brand, and unit price stipulated within the contract. 5. PACKING SLIP/DELIVERY TICKET TO ACCOMPANY ITEMS DURING DELIVERY. The Successful Bidder shall enclose a complete packing slip or delivery ticket with any items to be delivered in conjunction with this bid solicitation. The packing slip/delivery ticket shall be attached to the shipping carton(s) and shall be made available to the designated Contract Administrator during delivery/pickup. The packing slip or delivery ticket shall include, at a minimum, the following information: purchase order number, date of order, a complete listing of items being delivered/picked up and back -order quantities and estimated delivery of back- orders, if applicable. ITB 2018 -085 -ZD 30 6. MATERIALS SHALL BE NEW AND WARRANTED AGAINST DEFECTS. The Bidder hereby acknowledges and agrees that all materials/products, except where recycled content is specifically requested, supplied by the Bidder in conjunction with this Bid shall be new, warranted for their merchantability, and fit for a particular purpose. In the event any of the materials/products supplied to the City by the Bidder are found to be defective or do not conform to specifications, the City reserves the right to cancel the order and return such materials/products to the Bidder to replace the materials/products at the Bidder's expense. After returned items have been shipped, the bidder shall replace the materials/products within 5 business days. 7. DELIVERY. A specific schedule of deliveries by priority will be given to the vendor upon award. All deliveries shall be made in accordance with good commercial practice and all ,required delivery timeframes shall be adhered to by the vendor(s); except in such cases where the delivery will be delayed due to acts of nature, strikes, or other causes beyond the control of the vendor. In these cases, the vendor shall notify the City of the delays in advance of the original delivery date so that a revised delivery schedule can be appropriately considered by the City. 7.1 DELIVERY REQUIREMENTS. Bidders shall indicate on their response the number of calendar days required to complete the delivery of a complete order. Delays — date of delivery may be extended for a specific period of time when the delay is the result of a natural disaster, war, civil commotion, strike or any other condition beyond the control of the Successful Bidder provided that written notice (via email) and verbal notice (via the telephone) is provided to the Contract Administrator immediately upon knowledge of the delay. The written and verbal notice shall include the estimated delivery time and the reason for the delay. Written approval of the delay must be provided by the Contract Administrator to the Successful Bidder. 8. SHIPPING TERMS: F.O.B DESTINATION. Prices shall include freight to City's premises to include inside delivery, and shall be F.O.B. Destination. Vendor shall hold title to the goods until such time as they are delivered, installed and accepted by an authorized City representative. 9. INFORMATION AND DESCRIPTIVE LITERATURE. Bidders must furnish all information requested and in the space provided on the Bid Response Form. Furthermore, each bidder offering an equal to the brand(s) specified, excluding the non -substitute items, (or if no brand is specified) must submit with their bid, two (2) complete sets of descriptive literature and/or detailed specifications covering the offered products (such as factory specifications, standard manufacturer information sheets, catalogues, and brochures). Reference to literature submitted with a previous bid will not satisfy this provision. Bids which do not comply with these requirements shall be rejected. ITB 2018 -085 -ZD 31 10. WARRANTY. The vendor shall fully warrant all equipment furnished hereunder against defect in materials and/or workmanship for manufacturer's standard warranty period from date of delivery/acceptance by the City of Miami Beach. Should any defect in materials or workmanship, except ordinary wear and tear, appear during the above stated warranty period, the Contractor shall repair or replace same at no cost to the City, immediately upon receiving written notice, and shall be completed by the agreed upon date from the City's authorized representative. The Vendor shall be responsible for either repairing the equipment on site or transporting the equipment to his/her repair facility at no cost to the City. All warranty provisions of the Uniform Commercial Code shall additionally apply. 11. MANUALS. The vendor shall supply the City with a minimum of three (3) operations, parts, and repair manuals which identify the component parts, and which describe the appropriate process for repairing the equipment purchased by the City in conjunction with this solicitation. The manuals shall be supplied prior to, or upon, delivery of the equipment. Final payment shall be withheld until such time as these manuals are received by the City. 12. "EQUAL" PRODUCT CAN BE CONSIDERED UPON RECEIPT OF SPECIFIED DATA. The manufacturer's name, brand name and/or model number information contained in this solicitation are being used for the sole purpose of establishing the minimum requirement of level of quality, standard of performance, and design and is in no way intended to prohibit the offer of another manufacturer's items of equal material unless otherwise indicated on the Bid/Proposal Submission Form. This specific solicitation requires submission of the following documentation to enable City evaluation of "equal" products: X : Product Information Sheets If an "equal" product may be considered by the City in accordance with the Bid/Proposal Submission Form, the unit shall be equal in quality and standards of performance to the item specified in the solicitation. Where an "or equal" item is offered, and product information sheets are required, the initial offer must be accompanied with two (2) complete sets of product information sheets (such as factory specifications, standard manufacturer information sheets, catalogues, and brochures), and if required, two (2) copies of performance test results of the unit offered as an equal. Also for product information submittals, all supporting documentation submitted by the offeror must in total meet the required specifications set forth in this solicitation. Where the standard product literature submitted with the offer provides information that does not comply with the specifications, the offeror shall state, in an official letter on corporate letterhead as part of their initial offer, the differences between the item they are specifically offering, and the equipment described by the standard product literature, to substantiate compliance to all of the specifications set forth in this solicitation. In such cases, any offer submitted with standard product literature but without the letter explaining compliance will result in the rejection of the offer for not meeting the solicitation specifications. The City shall be sole judge of equality, based on the best interests of the City, and its decision in this regard shall be final. Items labeled "No Substitute" on the City's Bid/Proposal Submission Form are the only products that will be accepted under this solicitation. ITB 2018 -085 -ZD 32 APPENDIX E AMI BEACH Cost Proposal Form ITB No. 2018 -085 -ZD MIAMI BEACH CONVENTION CENTER (MBCC) FOOD SERVICE EQUIPMENT PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 ITB 2018 -085 -ZD 33 COST PROPOSAL FORM Failure to submit Appendix E, Cost Proposal Form, in its entirety and fully executed by the deadline established for the receipt of proposals will result in proposal being deemed non-responsive and being rejected. 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 shall be completed mechanically or, if manually, in ink. Cost Proposal Form completed in pencil shall be deemed non-responsive. All corrections on the Cost Proposal Form shall be initialed. tem Description Make/ Model Make/Model Submitted (or Approved Equal) Estimated Quantity (a) Unit Price (b) Extended Price (c) (axb)=c Delivery ARO (calendar days) 1 2 High Speed Commercial Commercial Convection/ Microwave Oven Turbo Chef Encores /v �p7o ? 13 u an' \- 4 $ t)1 (0,1 $ 3(0) b y({1 2 Two Sided Grill with Electronic Timers and with Pro Lift Hinge Pro -Max/ CGI4IEGT c�, {I PG I I i � 8 $ p 1 / 13.q3 $ Vii. 91 3 AT -Express Commercial Radiant Conveyor Toaster APW Wyott p Q 4) kl E' MIS 4 $ •I by7 3V $ 2i09.36 4 Greaseless Fryer Express System Greaseless4 Fryer Express Q $ '/��. d9 2"/ $ 1.(/' 86D' " 1 5 Countertop Induction Wok Manitowoc/ GIWOK-5.0 6.A (1.1.m70 N Wo{{ f 1 4 $1 Il; i27o $ so 2g ' ■■ 6 Hot Dog Machine Equipex/ CS4E Edvm-f c52`f e 4 $ 782.0- $ 3 (3 0. Lf ■■ 7 26" Portable Countertop Shelf Cadco/ WT -10S !�",�,�� �l�u S 8 Grand tota $ ( zJ (Items 1-7) $ (1\)Warming 1213' $91,g3cf,kN MI *ARO (After Receipt of Order) Bidder's Company: :L 1 / 1 a� i Affirmation 4 6 E; r . Authorized Representative: VI c`�.� —T e �'t Address ja,Srvi (jG} 51— f— C.," 1/1/'i Gicl`r' may, II i / 3.i Telephone: 63 f 5`O f 01'1 DCS Email: -4Email: -KS 'VN i (000 Ci-) -5c�eAt, C—cr vyi-\ Authorized Representative's Signature: r1 „ ITB 2018 -085 -ZD _;. a _#_ 34 SMALL Introducing the New 3.5" Color LCD Touchscreen Display and USB port The patented Quik n. Crispy Model GF 1I uses a combination of forced hot air. radiant heat, and an elevated perforated cooking basket to prepare ovenable frozen foods to the taste and texture as if they were deep -fat fried. Crispy on the outside and moist and tender on the inside' ■ Ideal for start-up businessesbars and clubs, family entertainment centersdelicatessens. snack stands, and others who wish to prepare and serve profitable restaurant quality menu items at a fraction of the cost of building a commercial kitchen. ■ Great for businesses such as resorts, hotels. and restaurants with lounges, that already have a full kitchen. They can now close the kitchen earlier, saving thousands in labor cost, and still serve delicious late night snacks and appetizers to their customers' ■ New Easy to Use LCD Color Touch Screen Display - Create and Edit 15 recipes with menu namestimes, and temperatures. Use the USB feature to - - import and export recipes to multiple units within your system! ■ Simple and easy to operate — you don't need a culinary trained chef or cook to produce crispy and delicious menu items! ■ Prepare up to 2 Ib. of a single product per batch. or 4 to 6 different menu items at one time! GREASELESS FRYER QNC, Inc. • 12021 Plano Road, Suite 160, Dallas, TX 75243 Website www.Q-N-C,com 888 -NO -VENTS (888) 668-3687.972-669-8993 Fax 972-669-8990 • Email sales@Q-N-C.com a standard 120 volt plug NEMA #5-15P and can be plugged into any standard outlet. It takes approximately 9 minutes to warm up from room temperature to 420°F. The 120 volt. 18.3 amp model requires a dedicated 20 amp circuit and utilizes a 20 amp plug, NEMA #5-20P. It takes approximately 61/2 minutes to warm up from room temperature to 420°F. The dual voltage 208 volt / 240 volt unit utilizes a single phase. 4 -wire, 30 amp plug, NEMA rf 14.30P. tt takes approximately 1.5 to 2.5 minutes to warm up from room temperature to 420°Fdepending on the input voltage. Since the pre -warm is so quick with this model, it provides the operator with "Cook to Order' capabilities. Reeepiack 30:,',125::154W Model GF II SPECIFICATIONS (Six Menu Operation) Electrical Specifications: Voltages US / Canada: Single Phase • 60 Hz. (C -UL Listed) 120 volt (1740 watts • 14.5 amps) 120 volt (2200 watts • 18.3 amps) 208 volt / 240 VAC At 208 VAC (4326 watts • 21 amps) At 240 VAC (5760 watts • 24 amps) Voltages International: Single Phase 50 Hz. (CE Listed) 230/240 VAC At 230 VAC (2460 watts • 10.7 amps) At 240 VAC (2670 watts • 11.1 amps) Other Specifications: External Dimensions 13.5" H x 21" W x 20" D Cooking Basket: 2" H x 12"W x 12" D Shipping Carton:18" H x 23.5" W x 23.5" D Shipping Weight: 70 lb. Patent: US Patent # 5,066,851 Warranty: 1 year on parts, 90 days on labor Oft LShOE'1 rte'—" MEI] 5.A. APPENDIX F AAA1 BEACH Insurance Requirements ITB No. 2018 -085 -ZD MIAMI BEACH CONVENTION CENTER (MBCC) FOOD SERVICE EQUIPMENT ITB 2018 -085 -ZD PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 35 INSURANCE REQUIREMENTS This document sets forth the minimum levels of insurance that the contractor is required to maintain throughout the term of the contract and any renewal periods. XXX 1. Workers' Compensation and Employer's Liability per the Statutory limits of the state of Florida. XXX 2. Comprehensive General Liability (occurrence form), limits of liability $1,000,000.00 per occurrence for bodily injury property damage to include Premises/ Operations; Products, Completed Operations and Contractual Liability. Contractual Liability and Contractual Indemnity (Hold harmless endorsement exactly as written in "insurance requirements" of specifications). XXX 3. Automobile Liability - $100,000 each occurrence - owned/non-owned/hired automobiles included. 4. Excess Liability - $ .00 per occurrence to follow the primary coverages. XXX 5. The City must be named as and additional insured on the liability policies; and it must be stated on the certificate. 6. Other Insurance as indicated: Builders Risk completed value $ .00 Liquor Liability $ .00 Fire Legal Liability $ .00 Protection and Indemnity $ .00 _ Employee Dishonesty Bond $ .00 Other $ .00 XXX 7. Thirty (30) days written cancellation notice required. XXX 8. Best's guide rating B+:UI or better, latest edition. XXX 9. The certificate must state the proposal number and title The City of Miami Beach is self-insured. Any and all claim payments made from self-insurance are subject to the limits and provisions of Florida Statute 768.28, the Florida Constitution, and any other applicable Statutes. ITB 2018 -085 -ZD 36 ATTACHMENT D INSURANCE REQUIREMENTS APPENDIX F MIAMI BEACH Insurance Requirements ITB No. 2018 -085 -ZD MIAMI BEACH CONVENTION CENTER (MBCC) FOOD SERVICE EQUIPMENT PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 ITB 2018 -085 -ZD 35 INSURANCE REQUIREMENTS This document sets forth the minimum levels of insurance that the contractor is required to maintain throughout the term of the contract and any renewal periods. XXX 1. Workers' Compensation and Employer's Liability per the Statutory limits of the state of Florida. XXX 2. Comprehensive General Liability (occurrence form), limits of liability $ 1,000,000.00 per occurrence for bodily injury property damage to include Premises/ Operations; Products, Completed Operations and Contractual Liability. Contractual Liability and Contractual Indemnity (Hold harmless endorsement exactly as written in "insurance requirements" of specifications). XXX 3. Automobile Liability - $100,000 each occurrence - owned/non-owned/hired automobiles included. 4. Excess Liability - $ .00 per occurrence to follow the primary coverages. XXX 5. The City must be named as and additional insured on the liability policies; and it must be stated on the certificate. 6. Other Insurance as indicated: Builders Risk completed value $ .00 Liquor Liability $ .00 Fire Legal Liability $ .00 Protection and Indemnity $ .00 Employee Dishonesty Bond $ .00 Other $ .00 XXX 7. Thirty (30) days written cancellation notice required. XXX 8. Best's guide rating B+:VI or better, latest edition. XXX 9. The certificate must state the proposal number and title The City of Miami Beach is self-insured. Any and all claim payments made from self-insurance are subject to the limits and provisions of Florida Statute 768.28, the Florida Constitution, and any other applicable Statutes. ITB 2018 -085 -ZD 36