20-129-03 OurCom.LLC Fully Executed Agreement CONTRACT NO. 20-129-03
SENT VIE E-MAIL TO: tony@ourcomgroup.com
May 10, 2022
Anthony Pegues
OurCom, LLC.
2 Roxbury Ct.
Greenville, SC 29617
Phone: 954-380-2398
Dear Mr. Pegues:
OurCom, LLC. (the “Contractor”) submitted to the City of Miami Beach, Florida (the “City”) a
request to be prequalified for future projects in response to the above-referenced ITB. This letter
shall serve as official notice that on March 18, 2022, the City Manager approved the Contractor
to be prequalified for window washing services citywide.
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. It is important to note that no services
may be performed until such time as insurance has been received pursuant to the ITB and the
City has issued a Purchase Order.
If you have any questions regarding this letter of notification of award, you may contact Valerie
Velez, Contract Analyst, Procurement Department, at ValerieVelez@miamibeachfl.gov or at 305-
673-7490. Otherwise, all other questions should be addressed to the Contract Manager for this
contract, Adrian Morales, Property Management Department, at
adrianmorales@miamibeachfl.gov or 305-673-7000 ext. 22932.
Thank you,
Alex Denis
Director Procurement Department
KB _______ ME ________
ATTACHMENT A
COMMISSION AWARD MEMO
ATTACHMENT B
ADDENDA AND ITB SOLICITATION
0100 GENERAL INFORMATION & PRE-QUALIFICATION PROCESS
APPENDIX A PREQUALIFICATION APPLICATION INSTRUCTIONS
APPENDIX B SPECIAL CONDITIONS
Bidder means any firm or individual submitting an application in response to this ITB. The term bidder
may be used interchangeably with applicant and proposer.
Vendor means any firm or individual that has been pre-qualified to supply goods or services to the City.
SECTION 0100: GENERAL INFORMATION & SCOPE OF WORK
1. PURPOSE.The City of Miami Beach is seeking applications from qualified who wish to participate in
a pre-qualification pool that will be used to solicit work in order to provide periodic window cleaning
services to various single and multi-story City facilities, including City parking garages, public safety
buildings, parks, and administrative buildings. The Contractor(s) shall furnish all labor, tools, cleaning
and safety equipment, and supplies needed to carry out the window washing services.
The successful window cleaning Contractor(s) must maintain any applicable industry certification(s),
such as that provided by the International Window Cleaning Association (“IWCA”), or other organization
committed to promoting safety and education related to best practices for the window cleaning industry.
The Contractor(s) must follow all applicable Occupational Safety and Health Administration (“OSHA”)
laws and any state and/or local regulations related to window cleaning services during the performance
of services to the City Of Miami Beach.
The City-issued purchase order shall serve as a “notice to proceed.” The period for the completion of
services will include the mobilization, planning, weather, location, installation and removal of associated
service equipment. No additional claims may be made for delays as a result of these items. When the
tasks have been completed the awarded vendor shall notify the City and have an authorized City
representative inspect the work for acceptance under the scope and terms in the Purchase Order. The
City will issue in writing any corrective actions that are required. Upon completion of these items, the
City will issue a completion notice and final payment will be issued.
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 prequalification application, 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 contractors, interested parties must submit a
complete Bidder Pre-Qualification Application (Appendix A).
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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:
Jason Crouch 305-673-7000 x26694 jasoncrouch@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 award, 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 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 addition to the criteria established in the application, pursuant to Section 2-369 of the City
Code, 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.
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 FIRMS TO BE ADDED TO POOL. At any time, the City, through the
approval of the City Manager, may accept applications and add additional firms to the list of
prequalified firms.
6. AWARDING WORK. When the need for services arises all prequalified contractors that are in good
standing may be invited to submit statements of work (SOW) and costs based on an Invitation to Quote
(ITQ) issued by the City. Each SOW prepared by the contractor shall include a clear description of the
work to be performed (with specific and timed deliverables) and the related costs by deliverable. The
City will select the prequalified contractor that offers the best combination of services and cost, solely at
the discretion of the City.
7. SERVICE DELIVERY EXPECTATIONS. The City places an emphasis on excellent customer service
delivery and expects the prequalified bidder to provide the best possible customer service to any and
all awarded projects throughout the term of the contract. The prequalified bidder’s project manager is
responsible for monitoring the customer service provided to City by prequalified bidder’s staff, sales
and support teams, and employing, as necessary, corrective measures, to ensure that the prequalified
bidder will provide and maintain the highest quality of customer service possible during completion of
the project(s). Project-specific deliverables and expectations shall be defined on a project-by-project
basis, as specified in each ITQ.
8. 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. The City reserves the right to purchase any goods
and/or services awarded from any resulting agreement, or another governmental contract, or on an as-
needed basis through the City’s spot market purchase provisions.
9. STANDARD TERMS AND CONDITIONS.The City’s Standard Terms and Conditions for Service
Contracts (available at https://www.miamibeachfl.gov/city- hall/procurement/standard-terms-and-
conditions/) are referenced and incorporated herein.
10. INSURANCE REQUIREMENT.The vendor shall maintain the below required insurance in effect
prior to awarding the contract and for the duration of the contract. The maintenance of proper insurance
coverage is a material element of the contract and failure to maintain or renew coverage may be
treated as a material breach of the contract, which could result in withholding of payments or
termination of the contract.
A. Worker’s Compensation Insurance for all employees of the vendor as required by
Florida Statute 440, and Employer Liability Insurance for bodily injury or disease.
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 $100,000 per occurrence.
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
$100,000 combined per accident for bodily injury and property damage.
Additional Insured - City of Miami Beach must be included by endorsement as an additional insured
with respect to all liability policies (except Professional Liability and Workers’ Compensation) arising out
of work or operations performed on behalf of the 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.
Notice of Cancellation - Each insurance policy required above shall provide that coverage shall not be
cancelled, except with notice to the City of Miami Beach c/o EXIGIS Insurance Compliance Services.
Waiver of Subrogation – Vendor agrees to obtain any endorsement that may be necessary to affect
the waiver of subrogation on the coverages required. However, this provision applies regardless of
whether the City has received a waiver of subrogation endorsement from the insurer.
Acceptability of Insurers – Insurance must be placed with insurers with a current A.M. Best rating of
A:VII or higher. If not rated, exceptions may be made for members of the Florida Insurance Funds (i.e.
FWCIGA, FAJUA). Carriers may also be considered if they are licensed and authorized to do
insurance business in the State of Florida.
Verification of Coverage – 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
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.
11. 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 prequalification status by City Manager or City
Commission. Further, bidder agrees that, upon approval of the bidder’s application by the City Manager
or City Commission, a binding Agreement shall be established between the City and the approved
contractor. The Agreement shall be comprised of the following documents, and in the following order:
First, the Purchase Order issued by the City; then,
Second, the signed Contractor Service Order; then,
Third, the Invitation to Quote (ITQ) awarded to the vendor; then,
Fourth the ITB, including all documents released in connection with the ITB, including
all appendixes, whether included herein or released under separate cover.
In case of default on the part of the Successful Bidder, after said award, the City may take such action
as it deems appropriate, including legal action, for damages or specific performance.
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APPENDIX A
________________________________________________________________________
Prequalification
Application Instructions
________________________________________________________________________
Invitation to Bid (ITB) No. 2020-129-JC
Citywide Window Washing Services for
Pool of Prequalified Contractors
PROCUREMENT DEPARTMENT
1755 Meridian Avenue, 3rd Floor
Miami Beach, Florida 33139
Prequalification Application Instructions
Section 1. ELECTRONIC RESPONSES (ONLY).Electronic responses shall only be considered for
this ITB and are to be submitted through BidSync until the date and time as indicated in this
document. It is the sole responsibility of the Bidder to ensure its application reaches BidSync before
the Solicitation closing date and time. There is no cost to the Bidder to submit an application in
response to a City of Miami Beach solicitation via BidSync. Electronic application submissions may
require the uploading of electronic attachments. The submission of attachments containing
embedded documents or proprietary file extensions is prohibited. All documents should be attached
as separate files (proposal format indicated below). All applications received and time stamped
through BidSync, prior to the submittal deadline shall be accepted as timely submitted. Applications
will be opened promptly at the time and date specified. The City will in no way be responsible for
delays caused by technical difficulty or caused by any other occurrence.
Section 2. SUBMITTAL INSTRUCTIONS.The Prequalification Application will not be considered
until it has been electronically submitted completed and executed by a principal of the bidder.
Incomplete applications cannot 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
electronic application. All requested documents must also be attached to the electronic application
submittal via the “Line Items” tab in BidSync. Failure to attach all requested documents will delay
review and approval of the application.
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 3. 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 4. 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).
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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 – Operational & Management Information.
1. 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
2. Provide three (3) clients for which the bidder has provided the referenced services in the last five (5)
years.
Project Description of Work Project Reference
Name:
Email:
Telephone:
Name:
Email:
Telephone:
Name:
Email:
Telephone:
3. 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?
4. 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?
5. 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?
6. Is the bidder a parent, subsidiary, or holding company for another company?
YES NO
If the answer is "yes," identify the company and type of relationship(s), below:
Company Type of affiliation (parent or subsidiary) Period of affiliation
7. 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 Periodof
affiliation
Type of affiliation (e.g.
officer, director, owner or
employee)
8. 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.
9. 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 if a Corporate
Chapter 7 case, a copy of the notice of commencement.
10. 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.
11. Has the bidder been assessed or paid any fines on any contract during the past five (5) years, whether the
project waspublicly or privately owned?
1 YES NO
If yes, explain.
12. Are there currently any liens, suits, or judgments of record pending against any owner, director,
officer, or agent for the company that is related to the business activities of a businessorganization?
1 YES NO
If yes, explain.
13. 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.
14. 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.
15.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
16. 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.
17. 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
18.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 contractor, 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:
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APPENDIX B
________________________________________________________________________
Special Conditions
________________________________________________________________________
Invitation to Bid (ITB) No. 2020-129-JC
Citywide Window Washing Services for
Pool of Prequalified Contractors
PROCUREMENT DEPARTMENT
1755 Meridian Avenue, 3rd Floor
Miami Beach, Florida 33139
SPECIAL CONDITIONS.
1. LICENSE/CERTIFICATION. Prospective bidder shall maintain in current status the adequate
license or certification, to pull all permits necessary to successfully complete the work. Awarded
vendor(s) shall remain fully informed of and in compliance with all ordinances and regulations
pertaining to the lawful provision of services under the contract.
2. METHOD OF PAYMENT.The City shall provide periodic payments for services rendered by the
Contractor. In order for the City to provide payment, the Contractor shall submit a fully documented
invoice within thirty (30) calendar days after the service has been rendered. It shall be understood that
such invoices shall not be submitted for payment until such time as the service has been completed
and a City representative has reviewed and approved the service.
3. GUARANTEE AGAINST DEFECTS.The Contractor(s) shall, in addition to all other guarantees, be
responsible for faulty labor and defective material within a period of one (1) year after the date of
acceptance of labor and material by the City. Under this guarantee, the Contractor agrees to make
good without delay, at its own expense, any failure of any part of the work after the City notifies the
Contractor of such deficiencies in writing Payment in full for the work does not constitute a waiver of
guarantee.
4. CLEAN-UP.All unusable materials and debris shall be removed from the site at the end of each
workday and disposed of in an appropriate manner. Upon final completion, the Contractor(s) shall
thoroughly clean up all areas, as mutually agreed with the City, where work was performed.
5. PERMIT COSTS.The City will only reimburse the Contractor(s) for the cost of the permits. Proof of
cost is required. The City will only reimburse for initial review and one resubmission. Costs associated
with additional re-submissions will not be reimbursed. Contractor(s) shall not include permit fees on
Cost Proposal. Permit costs will be charged to the City separately from the unit cost. All licenses
required by municipality, governmental agency, or political subdivision shall be obtained by and paid for
by the Contractor(s). Damages, penalties and/or fines imposed on the City or the Contractor(s) for
failure to obtain required licenses or permits shall be borne by the Contractor(s).
6. BACKGROUND CHECKS/CONTRACTOR'S PERSONNEL. The Contractor(s) shall conduct a full
criminal background check at its own expense on each of its employees engaged in providing services
under this ITB or any resulting Agreement prior to the commencement of said services. No Contractor
employee shall be eligible to perform services, pursuant to this ITB or resulting Agreement if he or she:
(1) has been convicted of or was placed in a pre-trial diversion program for any crime involving
dishonesty or breach of trust; embezzlement; drug trafficking; forgery; burglary; robbery; theft; perjury;
possession of stolen property; identity theft; fraud; money laundering; shoplifting; larceny; falsification
of documents and/or (2) has been convicted of any sex, weapons, or violent crime including but not
limited to homicide; attempted homicide; rape; child molestation; extortion; terrorism or terrorist threats;
kidnapping; assault; battery; and illegal weapon possession, sale or use. The Contractor(s) shall
defend, indemnify and hold the City, its officers, employees, and agents harmless from and against any
and all liability, loss, expense (including reasonable attorney’s fees) or claims for injury or damages
arising out of its failure to comply with this requirement.
Contractor(s) shall employ personnel competent to perform the work specified herein. The City
reserves the right to request the removal of the Contractor’s employee’s from performing maintenance
on the City's grounds where the employee’s performance or actions are obviously detrimental to the
program. Contractor’s personnel must wear photo identification at all times.
7. LIVING WAGE.The living wage requirement, pursuant to Section 2-408 of the City of Miami Beach
Code, is only applicable to routine maintenance services.
8. SAFETY MEASURES.Awarded contractor(s) shall take all precautions for the safety of employees
on the worksite and shall erect and properly maintain all necessary safeguards for protection of
workers and the public. Awarded vendor(s) shall post warning signs against all hazards created by the
operation and work in progress. Proper precautions shall be taken pursuant to federal and state laws
and standards practices, to protect workers, general public and existing structures from injury or
damage.
9. SPECIFICATIONS OF WORK.Specifications of the work required will be required for each project
and/or service order, and shall be provided to the Contractor, in writing, by the Property Management
Department prior to the scheduling of service(s) or commencement of services.
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1. GENERAL DISCLAIMERS.
a. 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 Bids made pursuant to this solicitation, or in making any award, or in failing or refusing to make
any award pursuant to such Bids, or in cancelling awards, or in withdrawing or cancelling this solicitation, either before or after issuance of an
award, shall be without any liability or obligation on the part of the City. In its sole discretion, the City may withdraw the solicitation either before
or after receiving bids, may accept or reject bids, and may accept bids which deviate from the solicitation, as it deems appropriate and in its
best interest. In its sole discretion, the City may determine the qualifications and acceptability of any party or parties submitting Bidsin response
to this solicitation.
b. The information contained herein is provided solely for the convenience of prospective Bidders. It is the responsibility of the recipient to
assure itself that information contained herein is accurate and complete. The City does not provide any assurances as to the accuracy of any
information in this solicitation. Any reliance on these contents, or on any permitted communications with City officials, shall be at the recipient's
own risk. Bidders should rely exclusively on their own investigations, interpretations, and analyses. The solicitation is being provided by the
City without any warranty or representation, express or implied, as to its content, its accuracy, or its completeness. No warranty or
representation is made by the City or its agents that any Bid conforming to these requirements will be selected for consideration, negotiation,
or approval.
c. Bidders are hereby advised that this solicitation is subject to the following ordinances/resolutions (if applicable), which may be found on the
City Of Miami Beach website: https://www.miamibeachfl.gov/city-hall/procurement/procurement-related-ordinance-and-procedures/
SECTION 2-486
URES CODE SECTION 2-371
SECTIONS 2-397 THROUGH 2-485.3
SECTIONS 2-481 THROUGH 2-406
SECTION 2-487
SECTION 2-488
BENEFITS FOR DOMESTIC PARTNERS SECTION 2-373
SECTIONS 2-407 THROUGH 2-410
SECTION 70-300
SECTION 2-449
2. PUBLIC ENTITY CRIME. A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crimes
may not submit a bid on a contract to provide any services to a public entity, may not submit a bid on a contract with a public entity for the
construction or repair of a public building or public work, may not submit a bid on leases of real property to public entity, may not be awarded or
perform work as a contractor, supplier, sub-contractor, or consultant under a contract with a public entity, and may not transact business with any
public entity in excess of the threshold amount provided in Sec. 287.017, for CATEGORY TWO for a period of 36 months from the date of being
placed on the convicted vendor list.
3. LOBBYIST LAWS. This solicitation is subject to, and all bidders are expected to be or become familiar
with, all City lobbyist laws. Bidders shall be solely responsible for ensuring that all City lobbyist laws are complied with, and shall be subject to
any and all sanctions, as prescribed therein, including, without limitation, disqualification of their responses, in the event of such non-compliance.
4. DEBARMENT ORDINANCE: This solicitation is subject to, and all bidders
Ordinance as codified in Sections 2-397 through 2-406 of the City Code.
5. COMPLIANCE GN FINANCE REFORM LAWS. This solicitation is subject to, and all bidders are expected to be
-487 through 2-490 of the City Code. Bidders shall
be solely responsible
subject to any and all sanctions, as prescribed therein, including disqualification of their responses, in the event of such non-compliance.
6. CODE OF BUSINESS ETHICS. Pursuant to City Resolution No.2000-37379, the bidder shall adopt a Code of Business Ethics ("Code") and
submit that Code to the Procurement Division with its response or within five (5) 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.
7. AMERICANS WITH DISABILITIES ACT (ADA). Call 305-673-7490 to request material in accessible format; sign language interpreters (five
(5) days in advance when possible), or information on access for persons with disabilities. For more information on ADA compliance, please call
the Public Works Department, at 305-673- 7000, Extension 2984.
8. POSTPONEMENT OF DUE DATE FOR RECEIPT OF BIDS.The City reserves the right to postpone the deadline for submittal of bidsand will
make a reasonable effort to give at least three (3) calendar days written notice of any such postponement to all prospective bidders through
BidSync.
9. PROTESTS.Any protest concerning the specifications or award of this solicitation shall be in accordance with City Code Section 2-371.
Protests not submitted in a timely manner pursuant to the requirements of City Code Section 2-371 shall be barred.
10. JOINT VENTURES / SINGLE PURPOSE ENTITY.Joint Ventures are not allowed. Bidsshall be submitted only by the prime contractor. Bids
may, however, identify other sub-contractors or sub-consultants to the prime Bidder who may serve as team members.
11. VETERAN BUSINESS ENTERPRISES PREFERENCE.Pursuant to City Code Section 2-374, 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 responsive, responsible bidder, by providing such bidderan opportunity of providing
said contractual services for the lowest responsive bid amount (or in this solicitation, the highest 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 solicitation 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.
12. AGREEMENT BY BIDDERS.Any individual that submits a bid in response to this solicitation agrees that any action taken by the City in
response to bids made pursuant to this solicitation, or in making any award, or in failing or refusing to make any award pursuant to such Bids, 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.
The City may, at its sole and absolute discretion, reject any and all, or parts of any and all, responses; re-advertise this solicitation; postpone or
cancel, at any time, this solicitation process; or waive any irregularities in this solicitation, or in any responses received as a result of this
solicitation.
Reasonable efforts will be made to either award the bidder the contract or reject all bids within one-hundred twenty (120) calendar days after Bid
opening date. In accordance with Section 47 below, a bidder may withdraw its bid after expiration of one hundred twenty (120) calendar days
from the date of bid opening, by delivering written notice of withdrawal to the Procurement Department.
13. COSTS INCURRED BY BIDDERS.All expenses involved with the preparation and submission of Bids, or any work performed in connection
therewith, shall be the sole responsibility (and shall be at the sole cost and expense) of the bidder, and shall not be reimbursed by the City.
14.OCCUPATIONAL HEALTH AND SAFETY.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.
15. TAXES.The City of Miami Beach is exempt from all Federal Excise and State taxes.
16. MISTAKES.Bidders are expected to examine the terms, conditions, specifications, delivery schedules, proposed pricing, and all instructions
pertaining to the services relative to this solicitation. Failure to do so will be at the Bidder's risk and may result in the Bid being non-responsive.
17. PAYMENT.Payment will be made by the City after the services have been received, inspected, and found to comply with contract
specifications, free of damage or defect, and are properly invoiced.
18. PATENTS & ROYALTIES.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.
19. DEFAULT.Failure or refusal of the successful Bidder to execute a contract following approval of such contract by the City Commission, or
untimely withdrawal of a bid response before such award is made and approved, may result in a claim for damages by the City, and may be
grounds for removing the Bidder
20. 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. Lack of knowledge or ignorance by the bidder with/of applicable
laws will in no way be a cause for relief from responsibility. Bidder agrees that the work and 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.
21. SPECIAL CONDITIONS.Any and all Special Conditions that may vary from these General Terms and Conditions shall have precedence.
22. NON-DISCRIMINATION.The bidder 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 wit bidder shall
prohibit discrimination by reason of race, color, national origin, religion, sex, intersexuality, gender identity, sexual orientation, disability, marital
and familial status, age, ancestry, height, weight, domestic partner status, labor organization membership, familial situation, and political affiliation.
23. 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 as described in this solicitation.
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 solicitation.
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.
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 bidder to show proof that it has 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 bid 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 comply with contractual obligations 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.
24. 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.
25. LAWS, PERMITS AND REGULATIONS.The bidder shall obtain and pay for all licenses, permits, and inspection fees required to complete
the work and shall comply with all applicable laws.
26. OPTIONAL CONTRACT USAGE.When the successful Bidder 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.
27. VOLUME OF WORK.To the extent applicable, it is the intent of the City to purchase the services specifically listed in this solicitation.
However, the City reserves the right to purchase any services awarded from State or other governmental contracts, or on an as-needed basis
throug
28. DISPUTES.In the event of a conflict between the documents, the order of priority of the documents shall be as follows:
A.Any contract or agreement resulting from the award of this solicitation; then
B.Addendum issued for this solicitation, with the latest Addendum taking precedence; then
C.The solicitation; then
D.The bidder bid in response to the solicitation.
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.
29. INDEMNIFICATION.The Bidder shall indemnify and hold harmless the City and its officers, employees, agents and instrumentalities from
loyees, agents or
instrumentalities may incur as a result of claims, demands, suits, causes of actions or proceedings of any kind or nature arising out of, relating to
or resulting from the performance of the agreement by the Bidder or its employees, agents, servants, partners, principals or subcontractors. The
Bidder shall pay all claims and losses in connection therewith, and shall investigate and defend all claims, suits or actions of any kind or nature
in the name of the City, where applicable, including appellate proceedings
incurred thereon. The Bidder expressly understands and agrees that any insurance protection required by any agreement with the City or
otherwise provided by the Bidder shall in no way limit the responsibility to indemnify, keep and save harmless and defend the City or its officers,
employees, agents and instrumentalities as herein provided. The above indemnification provisions shall survive the expiration or termination of
this Agreement.
30. FLORIDA PUBLIC RECORDS LAW.Bidders are hereby notified that all bids including, without limitation, any and all information and
documentation submitted therewith, are exempt from public records requirements under Section 119.07(1), Florida Statutes, and s. 24(a), Art. 1
of the State Constitution until such time as the City provides notice of an intended decision or until thirty (30) days after opening of the bids,
whichever is earlier. Additionally, Bidder 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
retaining public records and transfer, at no cost, to the public agency all public records in possession of the Bidderupon 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.
31. OBSERVANCE OF LAWS. Bidders are expected to be familiar with, and comply with, all Federal, State, County, and City laws, ordinances,
codes, rules and regulations, and all orders and decrees of bodies or tribunals having jurisdiction or authority which, in any manner, may affect
the scope of services and/or project contemplated by this solicitation (including, without limitation, the Americans with Disabilities Act, Title VII of
the Civil Rights Act, the EEOC Uniform Guidelines, and all EEO regulations and guidelines). Ignorance of the law(s) on the part of the Bidder will
in no way relieve it from responsibility for compliance.
32. CONFLICT OF INTEREST.All bidders must disclose, in their Bid, the name(s) of any officer, director, agent, or immediate family member
(spouse, parent, sibling, and child) who is also an employee of the City of Miami Beach. Further, all bidders must disclose the name of any City
employee who owns, either directly or indirectly, an interest of ten (10%) percent or more in the bidder entity or any of its affiliates.
33. 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 180 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.
34. EXCEPTIONS TO SOLICITATION. Bidders must clearly indicate any exceptions they wish to take to any of the terms in the solicitation, and
outline what, if any, alternative is being offered. All exceptions and alternatives shall be included and clearly delineated, in writing, in the bid
submittal. The City, at its sole and absolute discretion, may accept or reject any or all exceptions and alternatives. In cases in which exceptions
and alternatives are rejected, the City shall require the bidder to comply with the particular term and/or condition of the solicitation to which bidder
took exception to (as said term and/or condition was originally set forth in the solicitation and any exhibits or Addenda thereto).
35. ACCEPTANCE OF GIFTS, FAVORS, SERVICES. Bidders shall not offer any gratuities, favors, or anything of monetary value to any official,
employee, or agent of the City, for the purpose of influencing consideration of this Bid. Pursuant to Sec. 2-449 of the City Code, no officer or
employee of the City shall accept any gift, favor or service that might reasonably tend improperly to influence him in the discharge of his official
duties.
36.SUPPLEMENTAL INFORMATION.City reserves the right to request supplemental information from biddersat any time during the solicitation
process, unless otherwise noted herein.
37. ENVIRONMENTAL REGULATIONS.The City reserves the right to consider a Bidder's history of citations and/or violations of environmental
regulations in investigating a Bidder's responsibility, and further reserves the right to declare a Bidder not responsible if the history of violations
warrants such determination in the opinion of the City. Bidder shall submit with its proposal, a complete history of all citations and/or violations,
notices and dispositions thereof. The non-submission of any such documentation shall be deemed to be an affirmation by the Bidder that there
are no citations or violations. Bidder shall notify the City immediately of notice of any citation or violation which bidder may receive after the
proposal opening date and during the time of performance of any contract awarded to it.
38. RELATIONSHIP TO THE CITY.It is the intent of the City, and Bidder s hereby acknowledge and agree, that the successful Bidder is considered to
be an independent contractor, and that neither the Bidder, nor the Bidder
considered employees or agents of the City.
39. INSPECTOR GENERAL AUDIT RIGHTS
A. Pursuant to Section 2-256 of the Code of the City of Miami Beach, the City has established the Office of the Inspector General which
may, on a random basis, perform reviews, audits, inspections and investigations on all City contracts, throughout the duration of said
contracts. This random audit is separate and distinct from any other audit performed by or on behalf of the City.
B. The Office of the Inspector General is authorized to investigate City affairs and empowered to review past, present and proposed City
programs, accounts, records, contracts and transactions. In addition, the Inspector General has the power to subpoena witnesses,
administer oaths, require the production of witnesses and monitor City projects and programs. Monitoring of an existing City project
or program may include a report concerning whether the project is on time, within budget and in conformance with the contract
documents and applicable law. The Inspector General shall have the power to audit, investigate, monitor, oversee, inspect and review
operations, activities, performance and procurement process including but not limited to project design, bid specifications,
(bid/proposal) submittals, activities of the Contractor, its officers, agents and employees, lobbyists, City staff and elected officials to
ensure compliance with the Contract Documents and to detect fraud and corruption. Pursuant to Section 2-378 of the City Code, the
City is allocating a percentage of its overall annual contract expenditures to fund the activities and operations of the Office of Inspector
General.
C. Upon ten (10) days written notice to the Contractor, the Contractor shall make all requested records and documents available to the
Inspector General for inspection and copying. The Inspector General is empowered to retain the services of independent private sector
auditors to audit, investigate, monitor, oversee, inspect and review operations activities, performance and procurement process
including but not limited to project design, bid specifications, (bid/proposal) submittals, activities of the Contractor, its officers, agents
and employees, lobbyists, City staff and elected officials to ensure compliance with the contract documents and to detect fraud and
corruption.
D. The Inspector General shall have the
control which in the Inspector General's sole judgment, pertain to performance of the contract, including, but not limited to original
estimate files, change order estimate files, worksheets, proposals and agreements from and with successful subcontractors and
suppliers, all project-related correspondence, memoranda, instructions, financial documents, construction documents, (bid/proposal)
and contract documents, back-change documents, all documents and records which involve cash, trade or volume discounts,
insurance proceeds, rebates, or dividends received, payroll and personnel records and supporting documentation for the aforesaid
documents and records.
E. The Contractor shall make available at its office at all reasonable times the records, materials, and other evidence regarding the
acquisition (bid preparation) and performance of this contract, for examination, audit, or reproduction, until three (3) years after final
payment under this contract or for any longer period required by statute or by other clauses of this contract. In addition:
i. If this contract is completely or partially terminated, the Contractor shall make available records relating to the work terminated
until three (3) years after any resulting final termination settlement; and
ii. The Contractor shall make available records relating to appeals or to litigation or the settlement of claims arising under or relating
to this contract until such appeals, litigation, or claims are finally resolved.
F. The provisions in this section shall apply to the Contractor, its officers, agents, employees, subcontractors and suppliers. The
Contractor shall incorporate the provisions in this section in all subcontracts and all other agreements executed by the Contractor in
connection with the performance of this contract.
G. Nothing in this section shall impair any independent right to the City to conduct audits or investigative activities. The provisions of this
section are neither intended nor shall they be construed to impose any liability on the City by the Contractor or third parties.
Balance of Page Intentionally Left Blank
ATTACHMENT C
SUNBIZ & PROPOSAL RESPONSE TO ITB
,
OurCom, LLC
About Us
OurCom Group offers a full range of exterior building cleaning services to suit any building and
any budget. From small office buildings to large hospital systems, our highly trained staff will
ensure your facility is pleasant, safe, and clean. For your peace of mind, we carry
comprehensive general liability and all our staff members are covered by Workers'
Compensation insurance.
Our cleaning philosophy
We believe a clean working and living environment is a healthy working and living environment.
Our systematic approach to establishing and maintaining the highest standards of cleanliness
means you can focus on your work and your customers. Quality control is very important to us.
Over our years in the business, we've developed a foolproof system to ensure that the facility is
cleaned to the desired level.
Our people
Each member of the OurCom Group team is carefully screened with background checks, drug
screening, and COVID vaccinated. We hire only the most conscientious and professional
candidates. Each cleaner is thoroughly trained in our systems, products, and equipment, and is
bonded and insured where required.
This document is a 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:
U.S. SMALL BUSINESS ADMINISTRATION
WASHINGTON, DC 20416
Original Certification
Date:01/03/2022
Anthony Pegues - Ceo
OurCom, LLC
2 Roxbury Ct,
Greenville, SC, 29617-1871
Dear Anthony Pegues:
Congratulations! Welcome to the HUBZone Program!
I am pleased to advise you that effective on the date of this letter, OurCom, LLC has been approved for certification as a "certified HUBZone small business concern." The firm is now eligible for HUBZone opportunities and will be identified as a certified HUBZone small business concern in SBA's Dynamic Small Business Search (DSBS)
database found at Dynamic Small Business Search Tool. This certification will remain in effect for one year, unless: the firm acquires, is acquired by, or merges with another firm during that one-year period; the firm is performing a HUBZone contract and fails to attempt to maintain compliance with the minimum employee
HUBZone residency requirement; or the firm voluntarily withdraws from the program. The information below sets forth requirements related to the firm's continued HUBZone eligibility and its responsibilities as a certified HUBZone small business concern.
As a certified HUBZone small business concern, the firm may receive program benefits, including eligibility for HUBZone set-aside awards, HUBZone sole source awards, the HUBZone Price Evaluation Preference in full and open competition, and HUBZone reserves. These benefits come with important responsibilities,
including:
Annually recertifying that the firm meets the HUBZone eligibility requirements. For additional information, see the Recertification
Fact Sheet.
Checking SBA's HUBZone Map to determine whether changes in HUBZone area designations will impact the firm's eligibility at the time of its annual recertification. Note that changes in HUBZone designations may critically affect the firm's ability to recertify its compliance with the HUBZone requirements that its
principal office be located in a HUBZone and that at least 35% of its employees reside in HUBZones.
Signing up to receive HUBZone News Updates by entering your email address at https://public.govdelivery.com/accounts/USSBA/subscriber/new. After entering your email address, expand the "SBA Initiatives" subscription topic, select "HUBZone News", and click "Next." This is the simplest single step you can
take to remain up-to-date on key program changes that may affect the firm's eligibility.
Complying with the limitations on subcontracting requirements and nonmanufacturer rule when performing any HUBZone contracts (see 13 C.F.R. §§ 126.700, 125.6, 121.406).
"Attempting to maintain" compliance with the 35% HUBZone residency requirement during the performance of any HUBZone contracts. "Attempt to maintain" means making substantive and documented efforts, such as written offers of employment, published advertisements seeking employees, and attendance
at job fairs, and applies only to firms that are performing a HUBZone set-aside contract or order, a HUBZone sole source award, a HUBZone reserve, or a contract where the HUBZone Price Evaluation Preference was applied (see 13 C.F.R. §§ 126.103, 126.200, 126.600). A certified HUBZone small business
concern that has less than 20% of its total employees residing in HUBZones during the performance of a HUBZone contract has failed to attempt to maintain the HUBZone residency requirement and must immediately notify SBA.
Notifying SBA within 30 days if the firm is acquired by, acquires, or merges with another firm.
Keeping the firm's System for Award Management (SAM) and DSBS records up-to-date. These records must remain up-to-date in order for the firm to receive benefits from the HUBZone Program (i.e., to be identified by contracting officers as eligible to be awarded HUBZone contracts and to be paid under any
such contracts). You must validate the firm's SAM information at least annually or its SAM registration will become inactive. If you need assistance in updating the firm's SAM or DSBS information, please go to the SAM Help Desk at https://fsd.gov/fsd-gov/home.do.
Responding to notices from SBA, including but not limited to notices regarding program examinations, protests, proposed decertification actions, and recertification requirements. The HUBZone Program sends such notices to the firm's email address listed in its DSBS profile. If the firm fails to respond to these
notices, SBA will propose the firm for decertification and may subsequently decertify it from the HUBZone Program.
All current Redesignated Areas will retain their HUBZone designation until , in accordance with a final rule published by SBA on May 5, 2021 (86 FR 23863). For planning purposes, if the firm's principal office is located in a Redesignated Area or any of its employees reside in Redesignated Areas,
you should consider actions to maintain program compliance after that date.
Additional information about the program is available at https://www.sba.gov/federal-contracting/contracting-assistance-programs/hubzone-program.
Misrepresentation
By bidding on any Federal solicitation that is set-aside or reserved for certified HUBZone small business concerns or for which a HUBZone price evaluation preference will be applied, the firm's submission of that offer is deemed to be a representation to the United States that the company is a certified HUBZone small
business concern in compliance with the HUBZone Program requirements. ANY FIRM FOUND TO HAVE WILLFULLY MISREPRESENTED ITS HUBZONE STATUS IN OBTAINING SUCH AN AWARD MAY BE SUBJECT TO A RANGE OF CIVIL AND CRIMINAL PENALTIES, TREBLE DAMAGES UNDER THE FALSE
CLAIMS ACT, AND/OR SUSPENSION OR DEBARMENT FROM FEDERAL CONTRACTING.
How to get the most out of the Program
Although the firm's status as a certified HUBZone small business concern greatly improves its access to Federal procurement opportunities, this certification does not guarantee contract awards. Your ability to research opportunities and competitively bid on them will be the key to your success in this program. I
recommend you utilize the web resources described below, which are designed to help you maximize the HUBZone Program's benefits.
The “Contract Opportunities” function in SAM (https://sam.gov/content/opportunities) serves as a central listing for Federal procurement opportunities. Anyone interested in doing business with the government can use this system to search opportunities. In addition, the “Contract Data” function in
SAM (https://sam.gov/content/contract-data) is a database accessible to the public at no cost and you may use it to learn about contract awards to businesses in various socioeconomic categories, including HUBZone. Please note that while your concern was approved under the primary North American Industry
Classification System (NAICS) code found in your firm's SAM and DSBS profiles, you may be awarded contracts under other NAICS codes, as long as your firm is small under the size standard corresponding to the NAICS code assigned to the contract. You may benefit from researching and identifying potential
HUBZone contracting opportunities outside your firm's primary NAICS code.
As a certified HUBZone small business concern, you may use the SBA digital icon (available at SBA-GCBD ICON) on your business' website, business cards, social media profiles, and in your capability statements and proposal bids. However, you MAY NOT use the digital icon to express or imply endorsement by SBA
of any goods, services, entities, or individuals. Thus, the SBA digital icon may not be used on a company's letterhead, marketing materials, or advertising, whether paid or public service announcement, traditional or digital.
We wish you the best of luck as a certified HUBZone small business concern - your success will help improve the economic future of the HUBZone areas in which the firm operates and in which the firm’s employees reside.If at any time you have any questions about the HUBZone Program or how SBA may be able to support your business objectives, the HUBZone Office offers assistance via an interactive conference call where we can respond to general questions and concerns in real-time. For additional information, visit our website
at http://www.sba.gov/hubzone or contact the HUBZone Help Desk at HUBZone@sba.gov.
Respectfully,
Bruce D Purdy
Deputy Director
Office of HUBZone Program
U.S. Small Business Administration
Email:HubZone Helpdesk Zone 68496
IAF-19L
“World Class Professionals
Enabling Veteran Business Opportunities by Protecting the Veteran Advantage - One Vet at a Time”
EVAL.T3.TEMPL.005 Page 1 of 2
12/1/2021
In Reply Refer To:
Mr. Anthony M. Pegues
OurCom, LLC
DUNS: 081351115
2 Roxbury Ct
Greenville, SC 29617
Dear Mr. Pegues:
On behalf of the U.S. Department of Veterans Affairs (VA), Center for Verification
and Evaluation (CVE), I am writing to inform you that OurCom, LLC has been verified as
a Service-Disabled Veteran-Owned Small Business (SDVOSB) and added to the
Vendor Information Pages (VIP) at http://www.vetbiz.va.gov. OurCom, LLC will be
eligible to participate in Veterans First Contracting Program opportunities with VA.
Please retain a copy of this letter to confirm OurCom, LLC's continued
program eligibility in accordance with 38 Code of Federal Regulations (CFR) § 74.12.
You may reapply 120 days prior to your expiration date by logging in to your VIP profile.
To promote OurCom, LLC’s verified status, you may use the following link to
download the logo for use on marketing materials and business cards:
https://www.va.gov/OSDBU/docs/cve_completed_s.jpg
To ensure that OurCom, LLC is correctly listed in the Vendor Information Pages,
check OurCom, LLC’s profile for the verified logo. Please notify us if the logo is not
present within 72 hours of receipt of this letter.
While CVE has confirmed that OurCom, LLC is presently, as of the issuance of
this notice, in compliance with the regulation, OurCom, LLC must inform CVE of any
changes or other circumstances that would adversely affect its eligibility. Eligibility
changes not reported to CVE within 30 days could result in a referral to the Office of
Inspector General (OIG), a referral to the Debarment and Suspension Committee, and
the initiation of cancellation proceedings—all of which could result in OurCom, LLC
being removed from the VIP Verification Program.
Page 2
Mr. Anthony M. Pegues
EVAL.T3.TEMPL.005 Page 2 of 2
Please be advised all verified businesses may be required to participate in one or
more post-verification audits at CVE's discretion. Additionally, this letter and other
information pertaining to OurCom, LLC’s verification application may be subject to
Freedom of Information Act (FOIA) requests. However, FOIA disclosures include
exceptions regarding the personal privacy of individuals, and VA policy similarly
provides limitations on the release of individual records.
If OurCom, LLC receives a negative size determination from the U.S. Small
Business Administration (SBA), CVE must act in accordance with 38 CFR § 74.2(e).
Also note, if at any time if OurCom, LLC discovers that it fails to meet the size standards
for any NAICS Codes listed on its VIP profile, CVE requires such NAICS Code(s) be
removed within five (5) business days. If the NAICS Code(s) are not removed within the
allotted five (5) business days, CVE may request SBA conduct a formal size
determination. In addition, CVE may initiate a referral to OIG, a referral to the
Debarment and Suspension Committee, and pursue cancellation proceedings. All of the
aforementioned referrals and procedures could result in OurCom, LLC being removed
from the VIP Verification Program.
Thank you for your service to our country and for continuing to serve America
through small business ownership.
Sincerely,
John Perkins
Director
Center for Verification and Evaluation