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20-020-04 Wagners CFT, LLC Fully Executed Agreement 2-28-2022RE: NOTICE OF AWARD OF CONTRACT PURSUANT TO INVITATION TO BID (ITB) NO. 2020-020-ND, FOR THE PURCHASE OF LIGHT POLES, FIXTURES AND BASES. ATTACHMENT A SOUTH DADE ELECTRICAL SUPPLY, INC. ROSSIM INTERNATIONAL LLC WAGNERS CFT, LLC.1 TORRES ELECTRICAL SUPPLY COMPANY, INC.1 1 Added through CM Approval No. 2020 020 ND Wagners1 Other: Electrostart Disproel Sylvania Thomas & Betts U.S. Precast Unique Solutions Valmont Mainstreet Lighting Flagpoles, Inc. GE Hapco Holophane Hubbell Lighting Inventronics Kim Lighting King Luminaire Lithonia Lighting Louis Poulsen Square D. Stresscrete Mean Well NSI Industries P & K Philips Advance Philips Gardco Philips Hadco Phoenix Precast Specialties Selux Siemens Hubbell Power Systems, Inc. MANUFACTURER Arcluce Brooks Products Culter Hammer Eaton Akron Foundry Company means means SECTION 0100 GENERAL INFORMATION & SCOPE OF WORK 1. PURPOSE.The City of Miami Beach is seeking applications from qualified bidders who wish to participate in a pre-qualification pool that will be used to solicit various light poles, fixtures, bases and other related lighting and electrical parts and supplies on as “as needed” basis as specified herein. Interested firms may submit an application indicating its intent to become prequalified for one or more brands, as applicable. All vendors which meet or exceed the criteria established in this solicitation shall be placed on a pre-qualification list that may be accessed by various City departments to obtain price quotations for various light poles, fixtures, bases and other related lighting and electrical parts and supplies. The City utilizes BidSync (www.bidsync.com) for automatic notification of solicitation opportunities and document fulfillment. Any prospective bidder who has received this ITB by any means other than through BidSync is solely responsible for registering immediately with BidSync to assure it receives any addendum issued to this ITB. Additionally, prior to submittal of the bid, bidder shall verify that it has received and complied with all addenda issued. Failure to receive an addendum, or comply with an addendum requirement, may result in disqualification of bid submitted. To be considered for the pool of pre-qualified bidders, interested parties must submit a complete Bidder Pre-Qualification Application (Appendix A). 2. OVERVIEW OF PREQUALIFICATION PROCESS. The figure below is a general overview of the process that the City will utilize to award work pursuant to the prequalification process. . 3. PROCUREMENT CONTACT.Any questions or clarifications concerning this solicitation shall be submitted to the Procurement Contact noted below. The Bid title/number shall be referenced on all correspondence. Procurement Contact:Telephone:Email: Natalia Delgado 305-673-7000 x26263 nataliadelgado@miamibeachfl.gov The City Clerk is to be copied on all communications via e-mail at: RafaelGranado@miamibeachfl.gov; or via facsimile: 786-394-4188. 4. APPROVAL OF PREQUALIFIED STATUS. Following the review of applications, the responsive, responsible bidder(s) meeting all terms and conditions of the ITB will be recommended for addition to the prequalified pool, as deemed in the best interest of the City, to the City Manager for his consideration. PREQUALIFIED STATUS IS VALID FOR THREE (3) YEARS FROM DATE OF THE NOTICE OF PREQUALIFICATION ISSUED BY THE CITY, OR AS OTHERWISE APPROVED BY THE CITY MANAGER. 4.1 RENEWAL TERMS. The City Manager, at his sole discretion, may approve up to two (2), one (1) year renewal terms, providing that the required certification is still valid. 5. ADDITIONAL PREQUALIFIED SUPPLIERS TO BE ADDED TO POOL. At any time, the City, through the approval of the City Manager, may accept applications and add additional suppliers to the list of prequalified firms. 6. VOLUME OF WORK TO BE RECEIVED BY BIDDER. No promise of work is given, or should be understood, as a result of a pre-qualification status.The City reserves the right to purchase any goods awarded from any resulting agreement, or another governmental contract, or on an as-needed basis through the City’s spot market purchase provisions. 7. STANDARD TERMS AND CONDITIONS.The City’s Standard Terms and Conditions for the purchase of goods (available at https://www.miamibeachfl.gov/city- hall/procurement/standard-terms- and-conditions/) are referenced and incorporated herein. 8. INSURANCE REQUIREMENT.Prior to the issuance of a work order, the successful firm shall furnish and maintain for the duration of the engagement, the following insurance requirements. The maintenance of proper insurance coverage is a material element of the contract and failure to maintain or renew coverage may be treated as a material breach of the contract, which could result in withholding of payments or termination of the contract. A. Worker’s Compensation Insurance for all employees of the vendor as required by Florida Statute 440, and Employer Liability Insurance for bodily injury or disease. B. Commercial General Liability Insurance on an occurrence basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence, and $2,000,000 general aggregate. C. Automobile Liability Insurance covering any automobile, if vendor has no owned automobiles, then coverage for hired and non-owned automobiles, with limit no less than $1,000,000 combined per accident for bodily injury and property damage. 8.1 Additional Insured - City of Miami Beach must be included by endorsement as an additional insured with respect to all liability policies (except Professional Liability and Workers’ Compensation) arising out of work or operations performed on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations and automobiles owned, leased, hired or borrowed in the form of an endorsement to the Contractor’s insurance. 8.2 Notice of Cancellation - Each insurance policy required above shall provide that coverage shall not be cancelled, except with notice to the City of Miami Beach c/o EXIGIS Insurance Compliance Services. 8.3 Acceptability of Insurers – Insurance must be placed with insurers with a current A.M. Best rating of A:VII or higher. If not rated, exceptions may be made for members of the Florida Insurance Funds (i.e. FWCIGA, FAJUA). Carriers may also be considered if they are licensed and authorized to do insurance business in the State of Florida. 8.4 Verification of Coverage – Contractor shall furnish the City with original certificates and amendatory endorsements, or copies of the applicable insurance language, effecting coverage required by this contract. All certificates and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements, required by these specifications, at any time. CERTIFICATE HOLDER MUST READ: CITY OF MIAMI BEACH c/o EXIGIS Insurance Compliance Services P.O. Box 4668 – ECM #35050 New York, NY 10163-4668 Kindly submit all certificates of insurance, endorsements, exemption letters to our servicing agent, EXIGIS, at:certificates-miamibeach@riskworks.com 8.5 Special Risks or Circumstances - The City of Miami Beach reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. Compliance with the foregoing requirements shall not relieve the vendor of his liability and obligation under this section or under any other section of this agreement. 9. BINDING AGREEMENT.By virtue of submitting an application for the City’s consideration, the bidder agrees that the application shall be considered an offer on the part of the bidder, which offer shall be deemed accepted upon approval of bidder’s application. Further, bidder agrees that, upon approval of the bidder’s application a binding Agreement shall be established between the City and the approved contractor and that said agreement shall be governed by any Purchase Order issued by the City, the Standard Terms and Conditions for the Purchase of all Goods (see Section 0100, Sub-section 7) and, finally, the ITB, including all documents released in connection with the ITB, including all appendixes, whether included herein or released under separate cover. [THE REMAINDER OF THIS PAGE IS LEFT INTENTIONALLY BLANK] APPENDIX A ________________________________________________________________________ Prequalification Application ________________________________________________________________________ 2020-020-ND Purchase of Light Poles, Fixtures, and Bases PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 Prequalification Application Instructions Section 1, SUBMITTAL INSTRUCTIONS.The Prequalification Application will not be considered until it has been submitted completed and executed by a principal of the bidder. Incomplete applications cannot be processed. If requested information is not applicable, please indicate ''N/A'' or ''None. '' If answers to questions are lengthier than the spaces that are provided in the application, the answers may be provided on additional pages, which must be attached to the application. All requested documents must also be attached to the application. Failure to attach all requested documents will delay review and approval of the application. Submit one (1) electronic copy of the application to Natalia Delgado at nataliadelgado@miamibeachfl.gov. The City reserves the right to request clarifications or additional information as deemed necessary to evaluate a bidder’s qualifications. When clarifications or additional information is requested by the City, bidder will have three (3) business days to provide, in full, all the requested information. Failure to provide the information within the prescribed time will delay the review process and may result in denial of prequalification. Section 2, DEADLINE FOR SUBMITTAL.There is no deadline for the submittal of applications. However, the initial review of applications shall take place 21 days after issuance of this ITB. Applications submitted after this date will be reviewed periodically on an on-going basis. The City will endeavor to complete the review of each application within 60 days of receipt. Section 3. NON-RESPONSIVENESS Failure to submit the following requirements shall result in a determination of non-responsiveness. Non-responsive applications will not be considered. 1. Prequalification Application (submitted electronically via email. Please refer to Section 1 above). [THE REMAINDER OF THIS PAGE IS LEFT INTENTIONALLY BLANK] Part A – General Bidder Information. FIRM NAME: NO. OF YEARS IN BUSINESS: NO. OF YEARS IN BUSINESS LOCALLY: NO. OF EMPLOYEES: OTHER NAME(S) BIDDER 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.: BIDDER IS: _____CORPORATION / _____PARTNERSHIP / _____SOLE PROPRIETORSHIP / _____OTHER (If other, specify:________________________) Part B – Category of Product. 1. Identify the brands(s) that the bidder has been authorized to sell by the manufacturer. Select all that apply. MANUFACTURER MANUFACTURER Akron Foundry Company NSI Industries Arcluce P & K Brooks Products Philips Advance Culter Hammer Philips Gardco Eaton Philips Hadco Flagpoles, Inc. Phoenix GE Precast Specialties Hapco Selux Holophane Siemens Hubbell Lighting Square D. Hubbell Power Systems, Inc. Stresscrete Inventronics Sylvania Kim Lighting Thomas & Betts King Luminaire U.S. Precast Lithonia Lighting Unique Solutions Louis Poulsen Valmont Mainstreet Lighting 1Other: _______________________ Mean Well 1State any other brand of light poles, fixtures and accessories for which the bidder has been authorized. Part C – Operational & Management Information. 1. Submit the following documents: a. Proof that the bidder has been authorized by the manufacturer(s) for the selected brand(s) to sell these products to the City. 2.Provide the names of each owner (stockholder, sole proprietor, and partner), director, or officer of the company,below. Submit additional names on a separate sheet if required. Owner Ownershippercentage Directorship/Officetype 3.Provide three (3) clients for which the bidder has provided the referenced products in the last five (5) years. Project Description of Work Project Reference Name: Email: Telephone: Name: Email: Telephone: Name: Email: Telephone: 4.Is the bidder currently barred by a governmental agency, from bidding as a prime or subcontractor? YES NO If yes, state debarment period and the reason(s) for debarment? 5.Has the bidder or any of its owners, directors, officers, or agents been convicted of a crime or had a claim that was filed in a court and mediated or arbitrated during the last five (5) years? 1 YES NO If yes, why? 6.Is an affiliate of the bidder prequalified by the City of Miami Beach for any work? YES NO If yes, state the name of the affiliate? 7.Is the bidder a parent, subsidiary, or holding company for another company? YES NO If the answer is "yes," identify the companyandtype ofrelationship(s), below: Company Type ofaffiliation (parentorsubsidiary) Period ofaffiliation 8.Is an owner, director, officer, or agent of the bidder affiliated with another company? 1 YES NO If the answer is "yes," provide the following information for each individual and the affiliated company. Individual´sname Affiliatedcompany´sname Period of affiliation Type of affiliation (e.g. officer, director, owneror employee) 9.Is the bidder currently the debtor in a bankruptcy case or file for bankruptcy during the last five (5) years? 1 YES NO If yes, explain and attach, as applicable, the relevant case and court documents, including (but not limited to): the original petition, including the case number and the date that the petition was filed; a copy of the bankruptcy court's discharge order, and any other document that ended the case, if no discharge order was issued. 10.Has any owner, director, officer, or agent for the bidder, or has any business organization in which any such person was an owner, director, officer, or agent filed for or been discharged in bankruptcy within the past five (5) years? 1 YES NO If yes, explain and attach a copy of the discharge order, order confirming plan and ifa Corporate Chapter 7 case, a copy ofthe notice ofcommencement. 11.Has any owner, director, officer, or agent of the bidder owned or managed a company under any other name in the last five (5) years? 1 YES NO If yes, explain. 12.Has the bidder been assessed or paid any fines on any contract during the past five (5) years, whether the project was publicly or privately owned? 1 YES NO If yes, explain. 13.Are there currently any liens, suits, or judgments of record pending against any owner, director, officer, oragent for the company that is related to the business activities of a business organization? 1 YES NO If yes, explain. 14.Has the bidder or any of its owners, officers, or partners ever been convicted (criminal) or found liable (civil) for making either a false claim or material misrepresentation to any public agency or entity? 1 YES NO If yes, explain. 15.Has the bidder or any of its owners, officers, or partners ever been convicted of any a federal or state crime? 1 YES NO If yes, explain. 16.Is any officer, director, employee or agent, or immediate family member (spouse, parent, sibling, and child) of any officer, director, employee or agent, an employee of the City of Miami Beach? YES NO If yes, state name, title and share of ownership Name Title Share (%) of Ownership 17.Has the bidder, or any officer, director, employee or agent, 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? YES NO If yes, provide details. 18. Equal Benefits for Employees with Spouses and Employees with Domestic Partners.Purchases hereunder are subject to the requirements of Equal Benefits for Domestic Partners Ordinance 2005-3494 that requires bidders with more than 51 employees and City volume greater than $100,000 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 bidder who works 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 Company Provides for Employees with Spouses Company Provides for Employees with Domestic Partners Company does not Provide Benefit Health Sick Leave Family Medical Leave Bereavement Leave 19.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 the purchase of goods or services sourced in North Carolina and Mississippi. Are any of the products for which the bidder is seeking to be prequalified sourced in North Carolina or Mississippi? YES NO If yes, which brands. BIDDER AFFIDAVIT The undersigned agrees that s/he: 1) is a principal of the bidder duly authorized to execute the foregoing Contractor Prequalification Certification Application, and that the contents of said document(s) are complete, true, and correct to the best of his/her knowledge and belief; 2) s/ certifies that the application and supporting documents include all of the material information necessary to validate the status of the company for prequalification purposes; 3) s/ shall notify the Procurement Department within fifteen (15) days and provide a notarized statement whenever a change occurs in the ownership, management, or financial condition of the company. Further, any prequalified bidder, including its principal(s), director(s), and any affiliate, who is a party to any misrepresentation to obtain business or contracts with the City of Miami Beach shall be declared delinquent and have its certificate suspended or revoked and will be subject to debarment and any other penalties prescribed by law. The undersigned affirms that the bidder agrees: 1) to complete and unconditional acceptance of the terms and conditions of this document, inclusive of attachments, exhibits and appendices; 2) that it has not colluded, nor will collude, with any other bidder; 3) that all information contained herein is part of the public domain as defined by the State of Florida Sunshine and Public Records Laws; 4) that all responses, data and information contained in the bid are true and accurate. Name: Title (must be a principal of the bidder): Signature: Date: APPENDIX B ________________________________________________________________________ Roadmap Procedures & Special Conditions ________________________________________________________________________ ITB 2020-020-ND For the Purchase of Light Poles, Fixtures, and Bases PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 SECTION A – ROADMAP FOR PURCHASES. 1. AUTHORIZED PRE-QUALIFIED BIDDERS. Awarded bidders shall be deemed to be pre-qualified to participate in request for quotes to be initiated by City departments on an as needed basis. 2. QUOTES REQUESTED.When request for quotes are initiated, all prequalified vendors for the specific brand required shall be invited to quote a fixed price and delivery schedule. However, pre- qualified bidders that are not in compliance with any contract or delivery requirement or are otherwise deemed to be non-responsible (at the City’s sole discretion) may be barred from submitting quotes. 2.1. SOLE PRE-QUALIFIED BIDDER.When only one vendor has been prequalified for a specific brand, City departments will not be required to attain other quotes. If the quote is determined to be fair and reasonable, then the items will be purchased from the sole prequalified vendor. 3. SELECTION FOLLOWING QUOTES. Quote(s) received will be evaluated by staff and at the City’s sole discretion the lowest and best bidder shall be awarded for the specific period or specific purchase. In determining the lowest and best bidder, in addition to price, the following shall be considered: 1. the ability, capacity and skill of the bidder to perform the contract; 2. whether the bidder can perform the contract within the time specified, without delay or interference; 3. the character, integrity, reputation, judgment, experience and efficiency of the bidder; 4. the quality of performance of previous contracts or orders; 5. the previous and existing compliance by the bidder with laws and ordinances relating to the contract. 4. PURCHASE ORDER REQUIREMENT.A Purchase Order will be issued to the pre-qualified bidder selected in accordance with Sub-sections 2 and 3 above. No deliveries will be accepted prior to a Purchase Order being issued. [THE REMAINDER OF THIS PAGE IS LEFT INTENTIONALLY BLANK] SECTION B – SPECIAL CONDITIONS. 1. METHOD OF PAYMENT. Prior to furnishing any goods to the City, the supplier must ensure that it has received a purchase order issued by the Procurement Department. Invoices for payment will be submitted upon receipt and acceptance of goods ordered via a purchase order. Without a purchase order, the supplier is taking a risk that it may not be paid for goods provided, or have payments delayed.No down or partial down payments will be made. Invoices will be subject to verification and approval by the Contract Administrator, or his/her designated representative. 2. SHIPPING TERMS. Prices shall be based on F.O.B. Destination. The Bidder shall hold title to the goods until such time as they are delivered and accepted by an authorized City representative. Freight charges will be added to the invoice. 3. DELIVERY REQUIREMENTS. The Bidder shall enclose a complete packing slip or delivery ticket with any item being delivered in conjunction with this solicitation. The packing slip shall be attached to the shipping carton(s) which contain the items and shall be made available to the City’s authorized representative during delivery. The packing slip or delivery ticket shall include, at a minimum, the following information: purchase order number; date of order; a complete listing of items being delivered. 4. BACK ORDER ALLOWANCES. Subject to approval by City’s authorized representative. 5. MATERIALS SHALL BE NEW AND WARRANTED AGAINST DEFECTS. The Bidder hereby acknowledges and agrees that all materials, except where recycled content is specifically requested, supplied by the Bidder in conjunction with this solicitation and resultant contract shall be new, warranted for their merchantability, and fit for a particular purpose. In the event any of the materials supplied to the City by the Bidder are found to be defective or do not conform to specifications: (1) the materials may be returned to the Bidder at the Bidder’s expense and the contract cancelled or (2) the City may require the Bidder to replace the materials at the Bidder’s expense. 6. MANUFACTURER CERTIFICATION/AUTHORIZATION. For brands from manufacturers that require the seller to be certified, authorized or otherwise approved by the manufacturer, the Successful Bidder shall provide, upon request from the City, the certification, authorization or approval by the manufacturer to sell the required brands. 7. ADDITIONAL BRANDS MAY BE ADDED. Although this solicitation and resultant contract identifies specific brands to be purchased, it is hereby understood and agreed that additional brands may be added to this contract at the option of the City. [THE REMAINDER OF THIS PAGE IS LEFT INTENTIONALLY BLANK] BID SUBMITTAL QUESTIONNAIRE This document is a REQUIRED FORM that must be submitted fully completed and submitted. SECTION 1 - SMALL AND DISADVANTAGED BUSINESS CERTIFICATION Pursuant to Resolution 2020-31519, the City is tracking the Small and Disadvantaged Businesses, as certified by Miami-Dade County that have been certified as Small or Disadvantaged Business by Miami-Dade County. Does bidder possess Small or Disadvantaged Business certification by Miami-Dade County? YES NO SECTION 2 - LGBT BUSINESS ENTERPRISE CERTIFICATION Pursuant to Resolution 2020-31342, the City is tracking the utilization of LGBT owned firms that have been certified as an LGBT Business Enterprise by the National Gay and Lesbian Chamber of Commerce (NGLCC). Does bidder possess LGBT Business Enterprise Certification by the NGLCC? YES NO SECTION 3 – CODE OF BUSINESS ETHICS Pursuant to City Resolution No.2000-37879, the Bidder shall adopt a Code of Business Ethics ("Code") and submit that Code to the Procurement Division with its response or within three (3) days upon receipt of request. The Code shall, at a minimum, require the Bidder, to comply with all applicable 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. Bidder shall submit firm’s Code of Business Ethics within three (3) of request by the City. In lieu of submitting Code of Business Ethics, Vendor may indicate that it will adopt, as required in the ordinance, the City of Miami Beach Code of Ethics, available at http://www.miamibeachfl.gov/city-hall/procurement/procurement-related-ordinance-and- procedures/ Bidder adopts the City of Miami Beach Code of Business Ethics? YES NO Bidder will submit firm’s Code of Business Ethics within three (3) days of request by the City? YES NO SECTION 4– DRUG FREE WORKPLACE CERTIFICATION The Drug Free Workplace Certification is available at: https://www.miamibeachfl.gov/wp-content/uploads/2019/04/DRUG-FREE-WORKPLACE- CERTIFICATION.pdf By virtue of submitting bid, bidder certifies or affirms it has adopted policies, practices and standards consistent with the City’s Drug Free Workplace Certification. SECTION 5 – LOBBYIST REGISTRATION REQUIREMENTS This solicitation is subject to, and all bidders are expected to be or become familiar with, all City lobbyist laws. Bidders shall be solely responsible for ensuring that all City lobbyist laws are complied with, and shall be subject to any and all sanctions, as prescribed therein, including, without limitation, disqualification of their responses, in the event of such non-compliance. By virtue of submitting bid, bidder certifies or affirms that they have read and understand the above Lobbyist Registration Requirements. SECTION 6 – NON-DISCRIMINATION The Non-Discrimination ordinance is available at: https://library.municode.com/fl/miami_beach/codes/code_of_ordinances?nodeId=SPAGEOR_ CH2AD_ARTVIPR_DIV3COPR_S2-375NSCCOREWA By virtue of submitting bid, bidder agrees it is and shall remain in full compliance with Section 2- 375 of the City of Miami Beach City Code. SECTION 7– FAIR CHANCE REQUIREMENT The Fair Chance Ordinance No. 2016-4012 is available at: https://library.municode.com/fl/miami_beach/codes/code_of_ordinances?nodeId=SPAGEOR_ CH62HURE_ARTVFACHOR By virtue of submitting bid, bidder certifies that it has adopted policies, practices and standards consistent with the City’s Fair Chance Ordinance. Bidder agrees to provide the City with supporting documentation evidencing its compliance upon request. Bidder 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. SECTION 8 – PUBLIC ENTITY CRIMES Please refer to Section 287.133(2)(a), Florida Statutes, available at: https://www.flsenate.gov/Laws/Statutes/2012/287.133 By virtue of submitting bid, bidder agrees with the requirements of Section 287.133, Florida Statutes, and certifies it has not been placed on convicted vendor list. SECTION 9 – VETERAN BUSINESS ENTERPRISES PREFERENCE Pursuant to City of Miami Beach Ordinance No. 2011- 3748,https://library.municode.com/fl/miami_beach/codes/code_of_ordinances?nodeId=SPAG EOR_CH2AD_ARTVIPR_DIV3COPR_S2-374PRPRPRVECOGOCOSE 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, RFP, RFQ, ITN 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. Is the bidder a service-disabled veteran business enterprise certified by the State of Florida? YES NO Is the bidder a service-disabled veteran business enterprise certified by the United States Federal Government? YES NO The individual named below affirms that s/he: is a principal of the applicant duly authorized to execute this questionnaire, and that the contents of said document(s) are complete, true, and correct to the best of his/her knowledge and belief. Name of Bidder’s Authorized Representative: of Bidder’s Authorized Representative: