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Contract 2013-405-ITB-LR Furniture Leisure, Inc. MIAMIBEACH � a CITY OF MIAMI BEACH CERTIFICATION OF CONTRACT TITLE: For the Purchase of Biodegradable Dog Litter Pickup Bags and Dispensers CONTRACT NO.: 2013-405-ITB-LR EFFECTIVE DATE(S): This Contract shall remain in effect for three (3) years from date of Contract execution by the Mayor and Cit��Clerk and may be renewed, at the sole discretion of the City, t bugh it4Gty Manager, for two (2) additional years, on a year-to-year basis, upon mutual agreement between the two parties. SUPERSEDES: N/A CONTRACTOR(S): Furniture Leisure, Inc. Bags Dispensers (Primary) Litter Bags (Secondary) ESTIMATED ANNUAL CONTRACT AMOUNT: $55,000 A. AUTHORITY - Upon affirmative action taken by the Mayor and City Commission of the City of Miami Beach, Florida, on December 11, 2013, for approval to award a contract, upon execution between the City of Miami Beach, Florida, and Contractor. B. EFFECT - This Contract is entered into to provide for the purchase of biodegradable dog litter pickup bags and dispensers pursuant to City Invitation to Bid No. 2013-405-ITB-LR and any addenda thereto (the ITB), and Contractor's bid in response thereto (this Contract, the ITB, and Contractor's bid in response thereto may hereinafter collectively be referred to as the "Contract Documents"). C. ORDERING INSTRUCTIONS - All blanket purchase orders shall be issued in accordance with the City of Miami Beach Department of Procurement Management policies and procedures, at the prices indicated, exclusive of all Federal, State and local taxes. All blanket purchase orders shall show the City of Miami Beach Contract Number 2013-405-ITB-LR. D. CONTRACTOR PERFORMANCE - City of Miami Beach departments shall report any failure of Contractor's performance (or failure to perform) according to the requirements of the Contract Documents to City of Miami Beach, John Rebar, Parks and Recreation Director at 305-673-7000 ext. 6643. E. INSURANCE CERTIFICATE(S) - The Contractor shall file Insurance Certificates, as required, which must be signed by a Registered Insurance Agent licensed in the State of Florida, and approved by the City of Miami Beach Risk Manager, prior to delivery of supplies and/or commencement of any services/work by Contractor. F. ASSIGNMENT AND PERFORMANCE - Neither this Contract nor any interest herein shall be assigned, transferred, or encumbered by Contractor without the prior written consent of the City. In addition, Contractor shall not subcontract delivery of supplies, or any portion of work and/or services required by the Contract Documents without the prior written consent of the City. 1 Certification of Contract .Contractor warrants and represents that all persons providing/performing any supplies, work, and/or services required by the Contract Documents have the knowledge and skills, either by training, experience, education, or a combination thereof, to adequately and competently provide/perform same, or services to City's satisfaction, for the agreed compensation. Contractor shall provide/perform the supplies, work, and/or services required under the Contract Documents in a skillful and respectable manner. The quality of the Contractor's performance and all interim and final product(s) and /or work provided to or on behalf of City shall be comparable to the best local and national standards. G. SERVICE EXCELLENCE STANDARDS — Excellent Customer Service is the standard of the City of Miami Beach. As a Contractor of the City, Contractor will be required to conduct itself in a professional, courteous and ethical manner, and at all times adhere to the City's Service Excellence standards. Training will be provided by the City's Organizational Development and Training Specialist. H. PUBLIC ENTITY CRIMES - In accordance with the Public Crimes Act, Section 287.133, Florida Statutes, a person or affiliate who is a contractor, consultant or other provider, who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to the City, may not submit a bid on a contract with the City for the construction or repair of a public building or public work, may not submit bids on leases of real property to the City, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with the City, and may not transact any business with the City in excess of the threshold amount provided in Section 287.017, Florida Statutes, for category two purchases for a period of 36 months from the date of being placed on the convicted vendor list. Violation of this section by Contractor shall result in cancellation of the Contract and may result in Contractor debarment. I. INDEPENDENT CONTRACTOR - Contractor is an independent contractor under this Contract. Supplies, work, and/or services, provided by Contractor pursuant to the Contract Documents shall be subject to the supervision of Contractor. In providing such supplies, work, and/or services, neither Contractor nor its agents shall act as officers, employees, or agents of the City. This Contract shall not constitute or make the parties a partnership or joint venture. J. THIRD PARTY BENEFICIARIES - Neither Contractor nor City intends to directly or substantially benefit a third party by this Contract and/or the Contract Documents. Therefore, the parties agree that there are no third party beneficiaries to this Contract and that no third party shall be entitled to assert a claim against either of them based upon this Contract and/or the Contract Documents. The parties expressly acknowledge that it is not their intent to create any rights or obligations in any third person or entity under this Contract and/or the Contract Documents. 2 Certification of Contract K. NOTICES - Whenever either party desires to give notice to the other, such notice must be in writing, sent by certified United States Mail, postage prepaid, return receipt requested, or by hand-delivery with a request for a written receipt of acknowledgment of delivery, addressed to the party for whom it is intended at the place last specified. The place for giving notice shall remain the same as set forth herein until changed in writing in the manner provided in this section. For the present, the parties designate the following: For City: Alex Denis, Procurement Director City of Miami Beach Department of Procurement Management 1700 Convention Center Drive Miami Beach, Florida 33139 With copies to: City Clerk City Clerk Office 1700 Convention Center Drive Miami Beach, Florida 33139 For Contractor: Furniture Leisure, Inc. 2729 E. Moody Blvd, Suite 301 Bunnell, Florida 32110 Attn: Alexandra Munera Phone: 1800-213-2401 Fax: 1-800-789-6619 E-mail: alex(a furnitureleisurexom L. MATERIALITY AND WAIVER OF BREACH - City and Contractor agree that each requirement, duty, and obligation set forth in the Contract Documents is substantial and important to the formation of this Contract and, therefore, is a material term hereof. City's failure to enforce any provision of the Contract Documents shall not be deemed a waiver of such provision or modification of this Contract. A waiver of any breach of a provision of this Contract shall not be deemed a waiver of any subsequent breach and shall not be construed to be a modification of the terms of this Contract. M. SEVERANCE - In the event a portion of this Contract and/or the Contract Documents is found by a court of competent jurisdiction to be invalid, the remaining provisions shall continue to be effective unless City or Contractor elects to terminate this'Contract. An election to terminate this Contract based upon this provision shall be made within seven (7) days after the finding by the court becomes final. 3 Certification of Contract N. APPLICABLE LAW AND VENUE - This Contract and/or the Contract Documents shall be enforceable in Miami-Dade County, Florida, and if legal action is necessary by either party with respect to the enforcement of any or all of the terms or conditions herein exclusive venue for the enforcement of same shall lie in Miami-Dade County, Florida. By entering into this Contract, Contractor and City hereby expressly waive any rights either party may have to a trial by jury of any civil litigation related to, or arising out of the Contract and/or the Contract Documents. Contractor, shall specifically bind all subcontractors to the provisions of this Contract and the Contract Documents. O. AMENDMENTS - No modification, amendment, or alteration in the terms or conditions contained herein, or in the Contract Documents, shall be effective unless contained in a written document prepared with the same or similar formality as this Contract and executed by the City and Contractor. P. This Contract shall not be effective until all bonds and insurance(s) required under the Contract Documents have been submitted to, and approved by, the City's Risk Manager. Q. The ITB and Contractor's bid in response thereto, are attached to this Contract and are hereby adopted by reference and incorporated herein as if fully set forth in this Contract. Accordingly, Contractor agrees to abide by and be bound by any and all of the documents incorporated by the Contract Documents. Where there is a conflict between any provision set forth within (i) this Contract; (ii) the ITB; and /or (iii) Contractor's bid in response thereto, the more stringent provision (as enforced by the City) shall prevail. i I I 4 Certification of Contract IN WITNESS WHEREOF the City and Contractor h ve caused this Pertification of Contract to be signed and attested on this day of R (U61 20 L , by their respective duly authorized representatives. CONTRACTOR CITY OF MIAMI BEACH By By Pr i n Signature ayor i [A. '10 r 2-1 Print Nam 6ate l2 //-� Date/ ATTEST: ATTEST: Zf Secretary/Signature City derk V4 WrM Print Name Da e ate F:\PURC\$ALL\Solicitations\2013\2013-405LR-ITB - DogiPot Dispenser and Pickup Bag s\ a h465-2013-LR Funiture Leisure.doc APPROVED AS TO FORM &LANGUAGE &FOR EXECUTION 40t�A om � Date 5 I COMMISSION ITEM SUMMARY Condensed Title: Request For Approval To Award A Contract, Pursuant To Invitation To Bid No.405-2013LR, For The Purchase of Biodegradable Dog Litter Pickup Bags and Dispensers. Key Intended Outcome Supported: Improve Cleanliness Of Miami Beach's Rights-Of-Way Especially In Business Areas Supporting Data(Surveys, Environmental Scan,etc.) Item Summary/Recommendation: Dog bag dispensers with biodegradable litterbags are located at various parks and locations citywide. The purpose of Invitation to Bid(ITB)405-2013LR was to establish a contract by means of competitive sealed bids to a qualified provider to provide dog bag dispensers and biodegradable litterbags,on an as needed basis. ITB PROCESS Invitation to Bid(ITB)405-2013LR was issued on August 22,2013,with an opening date of September 24,2013. The Public Group issued bid notices and eight(8)bidders accessed the advertised solicitation which resulted in the receipt of bids from the following firms. • ZW USA Inc.,d/b/a Zero Waste USA • Furniture Leisure, Inc. The ITB required fixed pricing on dispensers (Item 1)and litterbags (Item 2). Zero Waste USA submitted the lowest price for both items 1 and 2. However, the dispenser (Item 1) submitted by Zero Waste USA did not comply with bid specifications as the bidder proposed a steel post,for the dispenser where the specifications required a composite post. In the local environment, the steel posts will rust and deteriorate; thus, the requirement for the composite post which does not rust. Neither vendor is eligible for veteran or local preferences. The bid allowed an award to be considered by item or by group. According to the prices received and compliance with specifications, F=urniture Leisure is the lowest responsive bidder for Item 1 (dispensers);Zero Waste is the lowest responsive bidder for Item 2(litter bags);and, Furniture Leisure is the second lowest responsive bidder for Item 2(litter bags). RECOMMENDATION The Administration recommends award of the contract to: Furniture Leisure as the lowest responsive bidder for Item 1 (dispensers); Zero Waste USA as the lowest responsive bidder for Item 2 (litter bags); and, Furniture Leisure as the secondary lowest responsive bidder for Item 2 litter bags). Advisory Board Recommendation: Financial Information: Source of Amount Account Funds: 1 $403000 011-0940-000343 2 $ 3,750 435-0430-000343 3 $ 3,750 435-9962-000343 4 S 3,750 435-9968-000343 5 S 3,750 435-9969-000343 OBPI Total $55,000 Financial Impact Summary: I City Clerk's Office Legislative Tracking: Sign-Offs: Department Director nt City Man 'ty Manager AD J c..E �+— MT KGB JLM MIAMIBEACH AGENDA ITEM SATE 60 MIAMI BEACH City of Miami beach, 1700 Convention Center Drive,Miami Beach,Florida 33139,www.miamibeachR.gov C MMISSION EMORANDUM TO: Mayor Philip Levine and Members f the City mmission FROM: Jimmy L. Morales, City Manager DATE: December 11, 2013 SUBJECT: REQUEST FOR APPROVAL O AWARD A CONTRACT, PURSUANT TO INVITATION TO BID NO. 405-2013LR, FOR THE PURCHASE OF BIODEGRADABLE DOG LITTER PICKUP BAGS AND DISPENSERS. ADMINISTRATION RECOMMENDATION Approve the award of contract. KEY INTENDED OUTCOME SUPPORTED Improve cleanliness of Miami Beach rights-of-way especially in business areas. FUNDING Account Code: 011-0940-000343 - $40,000- Parks/Greenspace I Account Codes: Public Works/Sanitation 435-0430-000343 - $3,750 435-9962-000343- $3,750 435-9968-000343- $3,750 435-9969-000343- $3,750 BACKGROUND Dog bag dispensers with biodegradable litterbags are located at various parks and locations citywide. The purpose of Invitation to Bid (ITB) 405-2013LR was to establish a contract by means of competitive sealed bids to a qualified provider to provide dog bag dispensers and biodegradable litter bags, on an as needed basis. ITB PROCESS Invitation to Bid (ITB) 405-2013LR was issued on August 22, 2013, with an opening date of September 24, 2013. The Public Group issued bid notices and eight (8) bidders accessed the advertised solicitation which resulted in the receipt of bids from the following firms: • ZW USA Inc., d/b/a Zero Waste USA • Furniture Leisure, Inc. 61 Commission Memorandum—ITB 405-2013 Dogipol Junior Bag Dispensers and Biodegradable Dogipot Litter Pickup Bags December 11, 2013 Page 2 The ITB required fixed pricing on dispensers (Item 1) and litter bags (Item 2). As indicated below, Zero Waste USA submitted the lowest price for both items 1 and 2. However, the dispenser (Item 1) submitted by Zero Waste USA did not comply with bid specifications as the bidder proposed a steel post for the dispenser where the specifications required a composite post. In the local environment, the steel posts will rust and deteriorate; thus, the requirement for the composite post which does not rust. Zero Waste USA Fumiture Leisure Inc. Unit Item Description QTY UOM Price Totai Unit Price Total 1 DogiPotO Junior Bag Dispenser— "or aReroved equal". 40 Each $69.80 $2,792.00 *$79.95 $3,198.00 OXO-Biodegradable DogiPotO Litter 2 Pick Up Bags Item#1402---"OR APPROVED EQUAL" 230 1 Case "$99.00 $22,770.00 '$159.95 $36,788.50 'Furniture Leisure,Inc.—the lowest responsive,responsible bidder for Item 1 'Zero Waste USA—the lowest responsive,responsible bidder for Item 2 ***Furniture Leisure, Inc.—the second lowest responsive,responsible bidder for Item 2 Neither vendor is eligible for veteran or local preferences. The bid allowed an award to be considered by item or by group. According to the prices received and compliance with specifications, Furniture Leisure is the lowest responsive bidder for Item 1 (dispensers); Zero Waste USA is the lowest responsive bidder for Item 2 (litter bags); and, Furniture Leisure is the second lowest responsive bidder for Item 2 (litter bags). CITY MANAGER'S DUE DILIGENCE After considering the review and recommendation of City staff, the City Manager exercised his due diligence and considered the specifics of this ITB process. As a result, the City Manager recommends to the Mayor and City Commission award the contract to: Furniture Leisure as the lowest responsive bidder for Item 1 (dispensers); Zero Waste USA as the lowest responsive bidder for Item 2 (litter bags); and, Furniture Leisure as the secondary lowest responsive bidder for Item 2 (litter bags). Secondary bidder will be utilized in the event that the lowest bidder cannot comply with contract requirements. CONCLUSION The Administration recommends award of the contract to: Furniture Leisure as the lowest responsive bidder for Item 1 (dispensers); Zero Waste USA as the lowest responsive bidder for Item 2 (litter bags); and, Furniture Leisure as the secondary lowest responsive bidder for Item 2 (litter bags). JLMIMTIK P D T:IAGENDA120131December 111ProcurementuTB 405-2013LR- Dogipot Junior Bag Dispensers and Biodegradable Dogipot Litter Pickup Bags-MEMO.docx 62 i THIS PAGE INTENTIONALLY LEFT BLANK i 63 M City of Micini Beach, 1700 Convention Center Drive,Miami Beach,Florida 33139,www.miamibeachfl.gov PROCUREMENT DIVISION Tel:305-673-7490 Fax:786-394.4075 September 17, 2013 RE: ADDENDUM NO.3 TO INVITATION TO BID(ITB)NO.405-2013 DOGIPOT JUNIOR BAG DISPENSERS AND BIODEGRADABLE DOGIPOT LITTER PICKUP BAGS. I. SECTION 3.1 SPECIFICATIONS HAVE BEEN AMENDED AS FOLLOWS: Aluminum DogiPot®Junior Bag Dispenser"OR APPROVED EQUAL"to include: ® 4'8' Poly Composite Square Telescopic DogiPot®post • Mounting hardware for 1 %"x 1 %"to 2"x 2"square or channel post(two(2)2%"x with bolts, washers and locknuts) • Two (2) keys for Dispenser Locking Front Access Panel • Two.(2)rolls of OXO-Biodegradable DogiPot®Litter Pick Up Bags (200 count per roll) OXO-Biodegradable DogiPot®Litter Pick Up Bags, "OR APPROVED EQUAL" ® 200 bags per roll, Perforated Bag Separation, 8"wide x 13"tall, Opaque green, 30- roll cases If submitting an equal product please be mindful of Section 2.10 Equivalents which reads as follows: 2.10 EQUIVALENTS: If a bidder offers makes of equipment or brands of supplies otherthan those a specified in the Bid specifications, he must so indicate in his bid. Specific article(s) of equipment/supplies shall conform in quality,design and construction with all published claims of the manufacturer. The bidder shall indicate in the Bid Form the manufacturers name and number if bidding other than the specified brands,and shall indicate ANY deviation from the specifications as listed in the Bid. Other than specified items offered requires complete descriptive technical literature marked to indicate detailed conformance with specifications,and MUST BE INCLUDED WITH THE BID. N,O BIDS WILL BE CONSIDERED WITHOUT THIS INFORMATION. Lacking any written indication of intent to quote an alternate brand or model number,the bid will be considered as a bid in complete compliance with the Bid specifications. j Note as to Brand Names: Catalog numbers, manufacturers' and brand names, when listed, are informational guides as to a standard of acceptable product quality level only and should .. not be construed as an endorsement or a product.limitation of recognized and legitimate manufacturers. Bidders shall formally substantiate and verify that products)offered conform with or exceed quality as listed in the specifications. RFP 405-2013LR Addendum No. 3 Page 2 of 2 Further,if submitting an-equal product Prospective Bidders,shall submit a sample along with their bid response. Each individual sample must be labeled with the bidder's name. Failure of the-bidder to either deliver required samples, or to clearly identify samples may be reason for rejection of the bid. Unless otherwise indicated, samples should be delivered to the Department of Procurement Management, 1700 Convention Center Drive, Miami Breach, Florida, 33139. II. Appendix B—Cost Proposal has been amended and attached. Bidders are required to submit the amended price sheet in order to be deemed responsive. THIS IS A FORMAL ADDENDUM THAT HAS TO BE ACKNOWLEDGED IN THE BID ADDENDA ACKNOWLEDGEMENT FORM. IF A BIDDER FAILS TO ACKNOWLEDGE RECEIPT OF THIS ADDENDUM AS PART OF ITS BID SUBMISSION, THE CITY RESERVES THE RIGHT TO REQUEST, AND THE BIDDER MUST COMPLY WITHIN TWO (2) BUSINESS DAYS AFTER RECEIPT OF WRITTEN REQUEST FROM THE CITY. CITY OF MIAMI BEACH: Alex Denis Director Procurement Division n A i i APPENDIX B COST PROPOSAL REVISED MIAMI BEACH DEPARTMENT OF PROCUREMENT MANAGEMENT 1700 Convention Center Drive Miami Beach, Florida 33139 305-673-7490 1 r, i 0 MIAMI BEACH APPENDIX B—Cost Proposal p P I I I I Item Description CITY UOM Unit Price Total j 1 Poly Aluminum DogiPot®Junior Bag Dispenser—"OR 40 Each APPROVED EQUAL". Price to be inclusive of shipping,FOB destination. s Brand: a Model: $ $ 2 OXO•Biodegradable DogiPot®Litter Pick Up Bags Item#1402— 230 Case "OR APPROVED EQUAL",30 rolls per case o 200 bags per roll. Price to be inclusive of shipping, FOB destination. Brand: Model: $ $ I GRAND TOTAL $ ACKNOWLEDGEKENT e ADDENDA e e, e • e e oo •e • • •o a .eo• o. •• a •e• • •ee• by o •• • •o .e'•• e. issued.Failure t6 • ••o^ fek-eipj of o every ,•o •, o e ualify e • Addenda 1 Addenda 5 Addenda 9 Addenda 2 Addenda 6 Addenda 10 Addenda 3 Addenda 7 Addenda 11 Addenda 4 Addenda 8 Addenda 12 .I I I ® MIAMI BEACH APPENDIX B—Cost Proposal 4 I _ MIAMI.BEACH City of Miami Beach, 1700-Convention Center Drive,Miami Beach,Florida 33139,www.miamibeachfl.gov PROCUREMENT DIVISION Tel:305-673-7490 Fax:786-394-4075 September 16, 2013 RE: ADDENDUM NO. 2 TO INVITATION TO BID(ITB) NO.405-2013 DOGIPOT JUNIOR BAG DISPENSERS AND BIODEGRADABLE DOGIPOT LITTER PICKUP BAGS. I. The deadline for receipt of Bids is hereby changed to September 24,2013 at 3 p.m. THIS IS A FORMAL ADDENDUM THAT HAS TO BE ACKNOWLEDGED IN THE BID ADDENDA ACKNOWLEDGEMENT FORM. IF A BIDDER FAILS TO ACKNOWLEDGE RECEIPT OF THIS ADDENDUM AS PART OF ITS BID SUBMISSION, THE CITY RESERVES THE RIGHT TO REQUEST, AND THE BIDDER MUST COMPLY WITHIN TWO (2) BUSINESS DAYS AFTER RECEIPT OF WRITTEN REQUEST FROM THE CITY. CITY OF MIAMI BEACH Alex Denis Director Procurement Division MIAMIBEACH City of Miami Beath, 1700 Convention Center Drive,Miami Beach, Florida 33139,www.miamlbeachfl.gov PROCUREMENT DIVISION Tel:305-673-7490 Fax:786-394-4075 September 12, 2013 RE: ADDENDUM NO. 1 TO INVITATION TO BID(ITB)NO.405-2013 DOGIPOT JUNIOR BAG DISPENSERS AND BIODEGRADABLE DOGIPOT LITTER PICKUP BAGS. I. The following are responses to questions and requests for additional information received by prospective bidders: ; Q1. Prospective Bidder is outside the State of Florida, do we still fill out the forms: Reasonable Measures, Non-Discrimination, And Substantial Compliance? It seems these forms are geared more towards companies thatwill be contracting with the City. Al. Yes, the purpose of the Proposal Certification, Questionnaire and Requirements Affidavit Form is to inform prospective Proposers of certain solicitation and contractual requirements, and to collect necessary information from Proposers in order that certain portions of responsiveness, responsibility and other determining factors and compliance with requirements, as stipulated in the solicitation, may be evaluated. This Proposal Certification, Questionnaire and Requirements Affidavit Form is a REQUIRED FORM that must be submitted fully completed i and executed. j Q2. Is the City of Miami Beach already using the DogiPot products? d A2. Yes,the o iPot products are used throughout the City at various parks and public facilities. g Q3. Is it possible for prospective Bidder to get a copy of your current contract? A3. The City does not have a current contract for these goods, but have been procuring these items via invitation to quote. Please find attached a copy of the results of the last quote solicited for the items specified in this invitation to bid. Q4. Prospective bidder is reviewing the bid requirements for the dog waste bags.There is conflicting information: 3.1 Specifications says "NO substitution", and Section 2.10 Equivalent states "you can submit a substitution if indicated". Should prospective bidder submit a bid for this contract even though it says no substitution? A4. Section 3.1 Specifications supersedes Section 2.10 — Equivalent under the Special Conditions. � I THIS IS A FORMAL ADDENDUM THAT HAS TO BE ACKNOWLEDGED IN THE BID ADDENDA ACKNOWLEDGEMENT FORM. IF A BIDDER FAILS TO ACKNOWLEDGE RECEIPT OF THIS !I RFP 405-2013LR Addendum No. 1 Page 2 of 2 ADDENDUM AS PART OF ITS BID SUBMISSION, THE CITY RESERVES THE RIGHT TO REQUEST, AND THE BIDDER MUST COMPLY WITHIN TWO (2) BUSINESS DAYS AFTER RECEIPT OF WRITTEN REQUEST FROM THE CITY. J Y OF MI BEACH x enis ctor curement Division E i f a i a 1 I Y 9 Public Purchase: Awarding Bid ITQ 9278-2-01)ST-Purchsae and Delivery of'Dogipot an,.. Page 1 of I r".ub-lic Purchases Chat k�i Help Logout Nome New Bid Closed Blds My Stuff Tools ..s.w.•wr...w.. •rrx..r r.rww.r—ur.r.w...r�.....—r.uw.. ...ur..u.—...r.w.u.r.u..e.r-.....re...—.r — —r...w..«..�.r...+auwwrr w.rr......��..w..—....r•we8n•..+uww.rrw......w.w.w.—.«�n.rM.. Awarding Bid XTQ #27S-2013ST d PUrlchsae and � Delivery of Dogipot and Dispenser [B Download Excel] '+ View Disqualified Vendors P Award Ve Awarded Ti Total Gen.Info a aa? Furnitui ** $17,695,0( 1 i p d QT&As ** $9,300.00 I I *The vendor has no responses or has multiple responses for the same Item, ' you must choose one In order to calculate the vendor's total amount of the offer **You must award some vendor responses In order to calculate the awarded total amount I Awardfn Menu I Customer Support;agencysupport @pubilcpurchase,com I Copyright 1999-2013 @.1 The Public Group,LI.C.All rights reserved. i '[ate Pubfic I'(37roupt) �JYVAX l i�� �'vr �vr1- C01-lo4a74,fZ 1 a l 1. I ,http://wwv.publicpurchase.cornl,o,eiiis/awarding/tabbyvendot, 7/10/2013 i 1 w 1..,p, N d F ci r CO C i:• LO CL 04 co J u 1 4` 'u, t,100, '� 1 ! 0. co I i • :.a...j i ! Q i C CL cn 4. LL N O = ] @e '� E ca a � Il Chi U cu CO .10 °o�8 00 °ot J c mot l h I a Ii .IF- ail oa o °1 c o d p) 0 to O N! C X079 G 0 y d IL HF � o r= e�. i , i I ; CL cr . :.I Worn' Io'n'mt I r6.:.Ip ,p } O I .I 0 ltd y LO , JC N k• :1 a ; [n it � X13 �,`•' s ,r- ui w E I w 4?r�'trf ! ! CL y { o d i m i�in J 0. lye 1 I a �P N cn ON Sa 0 1 i LI +.p ,o t o. 4k, i I I I I I � i i II , 1 i i � � I � � � . f i i � : 1f i � i I ' f e { a I i I j i Public P-""'! ,,watdj'ng Mr-78-291-01.1 01A wid Dc!i,., X Dogipol of Yubluc Purchasen, ChW Help Logout Home Newl3ld Closed Blds My Stuff Tools "A-'w' "-a"-r,-d'-1,n'—g"-B——id--""X—T--Q-......#,-'"2-7,-8--,-2"-O—,l-,3--S,-T—*- Purchsae and 1 Delivery of Dogipot and Dispenser v Code Item Qty Unit Brand -%71 Poly DOGIPOT pet station v 20 each QT&Associates,llc Brand ZERO Unit Price Qty Total WASTE $45.00 20 $900-00 Reference JJB010 # Furniture Leisure,Inc. Brand Unit Price Qty Total Reference $84.95 20 $1,699.00 # 2 case of Oxo-Biodegradable 80 each QT 8x Associates,llc ZERO Unit Price Qty Total Noted I Brand WASTE $105.00 80 $8,400.00 Reference JJB009 # -MzW w Furniture Leisure,Inc. Brand Unit Price Qty Total Reterence Nv� $199 95 so 8;151996.00 f. Yi. 'W 5' Awardin g Menu Customer Support: agen(-,ysupport@publicpurctiase,com I Copyright 1999-2013 D I The PubIle Group,LLC.All rights reserved, Public Cy'roupi': http://www.ptibliepLirchase.com/gams/awardiiio,,/tabbyitem?bidId=l 9549&type=on1i1ie ..:6/13/2013 INVITATION TO BID ITS DOGIPOT® JUNIOR RAG DISPENSERS AND BIODEGRADABLE D®GIPOT LITTER PICKUP RAGS ITR NO. 405-2013LR 1 ITB Due Date: September 17, 2013 AT 3:00 P.M. a I I CONTACT PERSON: -Lourdes Rodriguez, CPPB, Procurement Coordinator DEPARTMENT OF PROCUREMENT MANAGEMENT 1700 Convention Center Drive, Miami Beach, FL 33139 j www.miamibeachfl.gov _ a MANN3EACHJ 1 I VIMVV MIAMI BEACH City of Miami Beach,1700 Convention Center Drive,Miami Beach,Florida 33139,www.miamibeachfi.gov DEPARTMENT'OF PROCUREMENT MANAGEMENT Tel:305-673-7000 ext.6652,Fax:786.394.4075 NOTICE of "NO BID" Vendors not submitting a response to this solicitation are requested to detach this sheet from the bid documents, complete the information requested, and return to the address listed above prior to the bid opening date. Failure to submit this No Bid form may result in vendor being removed from future bid notifications. NO BID SUBMITTED FOR REASON(S) INDICATED BELOW: Firm does not provide the requested product or service. Firm cannot complete the work within the time specified and within the bud eted amount. Firm is not interested in bidding at this time for other reasons. Other: Comments: We do v do not_want to be retained on your mailing list for future bids for this type or product ; and/or service. , .I Signature: Name&Title: I LA Company: - 1 4 i S a r 1 ITB 405-2013-LR DOGIPOT JUNIOR BAG DISPENSER AND BIODEGRADABLE DOGIPOT LITTER PICKUP BAGS 1.0 SPECIAL CONDITIONS 1.1 PURPOSE: The purpose of this ITB is to establish a contract, by means of sealed bids,with a qualified firm(s) to purchase DogiPot Junior Bag Dispensers and Biodegradable DogiPot Litter Pickup Bags, on an as needed basis,for the Department of Parks&Recreation, Greenspace Management Division and the Department of Sanitation, in accordance with the prescribed specifications and requirements. Interested vendors are invited to submit bids in response to this ITB. 1.2 TERM OF CONTRACT: The Contract shall commence upon the date of notice of award and shall be effective for three (3) years with the option to extend for two (2) additional one (1) year periods, subject to the availability of funds for succeeding fiscal years. Continuation of the contract beyond the initial period is a City prerogative; not a right of the bidder. This prerogative will be exercised only when such continuation is clearly in the best interest of the City. 1.2 BID SUBMITTAL AND DUE DATE: Bid submittals should include one original bid,five copies and one electronic version(CD-Rom or Flash Drive), Bids must be received, in a sealed package clearly marked with ITB number and title, by 3 p.m.,on or before September 17,2013,at the fallowing location: Department of Procurement Management 3,d Floor,City of Miami Beach City Hall 1700 Convention Center Drive Miami Beach, Florida 33139 Bids not received by the due date and time will not be considered. Bid proposal package should be organized in the following manner: TAB 1: Appendix A, Proposal Certification, Questionnaire & Requirements Affidavit, including all supporting documents. TAB 2: Appendix C, Cost Proposal a i 1.4 CONTACT PERSON:Any questions or clarifications concerning this Invitation to Bid shall be submitted to the Department of Procurement Management in writing to Lourdes Rodriguez, by e-mail: Lourdes Rodriguez(a,miamibeachfl.gov , or facsimile: 786-394-4075 with a copy to the City Clerk's Office, Rafael E. Granado via e-mail: RafaelGranado(a.miamibeachfl.gov ; or facsimile: 786-394-4188. The Bid title/number shall be referenced on all correspondence. All questions or requests for clarification must be received no later than seven (7) calendar days prior to the scheduled Bid opening date. All responses to questions/clarifications will be sent to all prospective bidders in the form of an addendum. i ,i i i 3 MIAMI f3EAC11-1 ITB 405.2013-LR DOGIPOT JUNIOR BAG DISPENSER AND BIODEGRADABLE DOGIPOT LITTER PICKUP BAGS 1.5 SPECIAL NOTICES:You are hereby advised that this solicitation is subject to the following ordinances/resolutions,which may be found on the City Of Miami Beach website: http://web.miamibeachfi.gov/procuremenVscroll,aspx?id=23510 • CONE OF SILENCE--ORDINANCE NO.2002-3378 • CAMPAIGN CONTRIBUTIONS BY CONTRACTORS ORDINANCE NO.2003-3389. • CODE OF BUSINESS ETHICS--RESOLUTION NO.2000-23879, • DEBARMENT PROCEEDINGS--ORDINANCE N0. 2000-3234. • PROTEST PROCEDURES--ORDINANCE NO.2002-3344. • LOBBYIST REGISTRATION AND DISCLOSURE OF FEES--ORDINANCE NO.2002-3363 • EQUAL BENEFITS ORDINANCE—ORDINANCE N0.2005-3494 • LOCAL PREFERENCE FOR MIAMI BEACH-BASED CONTRACTORS—ORDINANCE N0, 2003- 3413 AND ORDINANCE NO.2011-3747, • PREFERENCE FOR FLORIDA SMALL BUSINESSES OWNED AND CONTROLLED BY VETERANS AND TO STATE CERTIFIED SERVICE-DISABLED VETERAN BUSINESS ENTERPRISES—ORDINANCE NO, 2011-3748. 1.6 PROPOSAL CERTIFICATION, QUESTIONNAIRE & REQUIREMENTS AFFIDAVIT (APPENDIX A): The purpose of the Proposal Certification, Questionnaire and Requirements Affidavit Form is to inform prospective bidders of certain solicitation and contractual requirements,and to collect necessary information from bidders in order that certain portions of responsiveness, responsibility and other determining factors and compliance with requirements, as stipulated in the solicitation, may be evaluated by the City. This Proposal Certification, Questionnaire and Requirements Affidavit Form is a REQUIRED FORM that must be submitted fully completed and executed. ; 1.7 INSURANCE AND INDEMNIFICATION: The successful bidder shall be responsible for his work and every part thereof, and for all materials, tools, appliances and property of every description, used in connection with this particular project. The bidder shall specifically and distinctly assume, and does so assume, all risks of damage or injury to property or persons used or employed on or in connection with the work and of all damage or injury to any person or property wherever located, resulting from any action or operation under the contract or in connection with the work. It is understood and agreed that at all times the bidder is acting as an independent contractor,and not as an agent or employees of the City. Y The successful bidder, at all times during the full term of the contract, shall comply with the following requirements: • No change or cancellation in insurance shall be made without thirty (30) days written notice to the City of Miami Beach Risk Manager. • All insurance policies shall be issued by companies authorized to do business under the i laws of the State of Florida and these companies must have a rating of at least B+:VI or better per Best's Key Rating Guide, latest edition. • Original signed certificates of insurance, evidencing such coverages and endorsements as required herein, shall be filed with and approved by the City is Risk Manager before ' work is started. The certificate must state Bid Number and Title. Upon expiration of the required Insurance, the successful bidder must submit updated certificates of Insurance for as long a period as any work and/or services are still in progress. • It is understood and agreed that all policies of insurance provided by the bidder are primary coverage to any insurance or self-insurance the City of Miami Beach possesses that may apply to a loss resulting from the work and/or services performed in this contract. + • All policies issued to cover the insurance requirements herein shall provide full coverage from the first dollar of exposure. No deductibles will be allowed in any policies issued on this contract unless specific safeguards have been established to assure an adequate 4 4-9. MIA I BEACH ITB 405.2013-LR DOGIPOT JUNIOR BAG DISPENSER AND BIODEGRADABLE DOGIPOT LITTER PICKUP BAGS fund for payment of deductibles by the insured and approved by the City's Risk Manager. ® The liability insurance coverage shall extend to and include the following contractual indemnity and hold harmless agreement: The vendor shall furnish to the Department of Procurement Management, City of Miami Beach, 1700 Convention Center Drive, 3,d Floor, Miami Beach, Florida 33139, Certificate(s) of Insurance which indicate that insurance coverage has been obtained which meets the requirements as outlined below: • Worker's Compensation Insurance for all employees of the vendor as required by Florida Statute 440. • Commercial General Liability Insurance on a comprehensive basis, including Personal Injury Liability, Products/Completed Operations, in an amount no less than $1,000,000 combined single limit per occurrence for bodily injury and property damage. City of Miami Beach must be shown as an additional insured with respect to this coverage. • Automobile Liability Insurance covering all owned, non-owned and hired vehicles used in connection with the work, in an amount not less than $1,000,000 combined single limit per occurrence for bodily injury and property damage. All insurance policies required above shall be issued by companies authorized to do business under the laws of the State of Florida,with the following qualifications: • The company must be rated no less than "B" as to management, and no less than "Class V" as to financial strength, by the latest edition of Best's Insurance Guide, published by A.M. Best Company, Oldwick, New Jersey, or its equivalent, subject to the approval of the City Risk Management Division. i or I • The company must hold a valid Florida Certificate of Authority as shown in the latest "List of All Insurance Companies Authorized or Approved to Do Business in Florida" issued by the State of Florida Department of Insurance i and are members of the Florida Guaranty Fund. Certificates will indicate no modification or change in insurance shall be made without thirty (30) days in advance notice to the certificate holder.Certificate holder must read: CITY OF MIAMI BEACH 1700 CONVENTION CENTER DRIVE 3rd FLOOR MIAMI BEACH, FL 33139 1 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. The foregoing indemnity shall apply to any and all claims and suits other than claims and suits i arising out of the gross negligence or willful misconduct of the City of Miami Beach, its officers,. agents, and employees. i i The bidder will notify its insurance agent without delay of the existence of the Hold Harmless Agreement contained within this contract, and furnish a copy of the Hold Harmless Agreement to the insurance agent and carrier. 5 MIAMI BEACH ' ITB 405.2013-LR DOGIPOT JUNIOR BAG DISPENSER AND BIODEGRADABLE DOGIPOT LITTER PICKUP BAGS The bidder will obtain and maintain contractual liability insurance in adequate limits for the sole purpose of protecting the City of Miami Beach under the Hold Harmless Agreement from any and all claims arising out of this contractual operation. The bidder will secure and maintain policies of subcontractors. All policies shall be made available to the City upon demand. Compliance by the contractor and all subcontractors with the foregoing requirements as to carrying insurance and furnishing copies of the insurance policies shall not relieve the contractor and all subcontractors of their liabilities and obligations under any section of this contract. Bidder shall be as fully responsible to the City for the acts and omissions of the subcontractor and of persons employed by it as it is for acts and omissions of persons directly employed by it. Insurance coverage required in these specifications shall be in force throughout the contract term. Should the successful bidder fail to provide acceptable evidence of current insurance within seven days of receipt of written notice at any time during the contract term,the City shall have the right to consider the contract in default and proceed to terminate same. i Please note that the City of Miami Beach is self-insured. Any and all claim payments made from self-insurance are subject to the limits and provisions of Florida Statute 768.28, the Florida i Constitution, and any other applicable Statutes. 1.8 METHOD OF AWARD: Staff Review/Recommendation. The lowest responsive, responsible bidder meeting all terms, conditions, and specifications of the ITB will be recommended for award on an item-by-item, a combination/group of items,or a total of all items basis,whichever is in the best interest of the City. In considering award recommendation, in addition to price, the City may, at its sole discretion, consider any other applicable factor that may be deemed to impact the successful delivery of the goods as described herein, or that, otherwise, may be in the interest of the City. Veterans and local preferences, as detailed herein, will be applied as applicable in the tabulation of bid prices received. In the review of bids received and consideration of award, the City reserves the right to waive nonmaterial irregularities or technicalities in a bid received. , City Manager's Review, 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. City Commission Authority. The City Commission shall consider the City Manager's recommendation(s) and, may approve or reject the City Manager's recommendation(s). In any case, the Mayor and City Commission shall select(and may authorize value engineering)with the bidder(s) which the Mayor and Commission deem to be in the best interest of the City pursuant to the determination of award criteria of lowest and best bid. The City Commission may also reject all i bids received.The selection or approval by the City Commission shall not constitute a binding contract between the City and the selected or approved bidder(s).A binding contract will exist upon the completion as determined by the Administration, the City Attorney's Office form approving the contract or contracts, and the Mayor and City Clerk or their respective designees signing the contract(s) after the selected or approved bidder(s) has (or have) done so. Only the executed contract(s)will be binding on the contracting parties. ;I 1.8.1 Multiple Award Options.As deemed to be in its best interest, the City reserves the right to: 6 MIAMI BEACH H I i ITB 405.2013-LR DOGIPOT JUNIOR BAG DISPENSER AND BIODEGRADABLE DOGIPOT LITTER PICKUP BAGS make an award by Group; by Item; make an award entirely to a single bidder; or reject all bids received. Bidders should carefully consider this condition and bid accordingly. 1.9 PAYMENT: Invoices for payment will be submitted upon receipt and acceptance of goods ordered via a Purchase Order. No down or partial down payments will be made. Invoices will be subject to verification and approval by the EMS Division Chief, Contract Administrator, or his/her designated representative. 1.10 PRICES SHALL BE FIXED AND FIRM: All prices quoted in the awardee's bid submittal shall remain firm and fixed, unless amended in writing by the City. 1.10.1 COST ESCALATION. Prices must be held firm during the initial term of the agreement. During the renewal term, the City may consider prices increases not to increase the applicable Bureau -of Labor Statistics (www.bis.gov) CPI-U index or 3%, whichever is less. The City may also consider increases based on mandated Living Wage increases. In considering cost escalation due to Living Wage increases, the City will only consider the direct costs related to Living Wage increases,exclusive of overhead, profit or any other related cost. 1.11 ESCALATI0NIDE-ESCALATION CLAUSE: INTENTIONALLY OMMITTED. 1.12 ADDITIONS/DELETIONS OF ITEMS/PRODUCTS: Although this solicitation identifies specific items/products to be provided, it is hereby agreed and understood that any related items/products may be added/deleted to/from this contract at the option of the City. When an addition to the contract is required, the Successful Bidder(s) under this contract, and other suppliers, as deemed necessary, shall be invited to submit quotes for these new items/products. If these quotes are comparable with market prices offered for similar items/products, the supplier(s), if applicable, and item(s) shall be added to the contract. An amendment to the contract shall be issued by the City. The newly added items/products shall be ordered via a Purchase Order. In adding or deleting items/products, the City may award to the vendor with the lowest total price, may seek quotes from one or more contract vendors or may make any other determination deemed to be in the best interest of the City. 1 1.12 EQUAL PRODUCT: Manufacturer's name, brand name and model/style number when used in these specifications are for the sole purpose of establishing minimum requirements of levels of quality, standards of performance and design required and is in no way intended to prohibit the bidding of other manufacturer's brands of equal material, unless otherwise indicated. Equal (substitution) may be bid, provided product so bid is found to be equal in quality, standards or ' performance, design, etc., to item specified, unless otherwise indicated. Where equal is proposed, bid must be accompanied by complete factory information sheets (specifications, brochures, etc.), and test results of unit bid as equal. Failure to do so at time of bid may deem bid nonresponsive. 1.13 NO SUBSTITUTION: When "No Substitution" is used in combination with a manufacturer's name, brand name and/or model number that named items in the only item that will be accepted by the City. 1.14 ORDERING METHOD AND ORDER CONFIRMATION: All orders/request for items covered under 1 this contract will require the issuance of a Purchase Order prior to delivery. Items ordered and delivered without issuance of a Purchase Order shall be considered UNAUTHORIZED. 7 7 MAM1 UEAC.:H ITB 405.2013•LR DOGIPOT JUNIOR BAG DISPENSER AND BIODEGRADABLE DOGIPOT LITTER PICKUP BAGS Upon receipt of a Purchase Order from the City and shipment of goods ordered. Bidder shall send via e-mail an Order Confirmation to the Contract Administrator or Designee, which details the goods shipped and commercial courier tracking information. 1.15 PACKING SLIPIDELIVERY TICKET TO ACCOMPANY ITEMS DURING DELIVERY: The Successful Bidders shall enclose a complete packing slip or delivery ticket with any items to be delivered in conjunction with this bid 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 with the display of the expiration date of each drug/pharmaceutical in a readable fashion; and back-order quantities and estimated delivery of back-orders,if applicable. 1.16 SHIPPING TERMS: Unless otherwise specified in the Formal Solicitation, all prices quoted/proposed by the bidder/proposer must be F.O.B. DESTINATION, inside delivery, with all delivery costs and charges included in the bid/proposal price, unless otherwise specified in this Formal Solicitation. Failure to do so may be cause for rejection of bid/proposal. 1.17 CONTRACT ADMISTRATOR: Upon award, contractor shall report and work directly with the Department of Parks and Recreation, Greenspace Division, and the Department of Sanitation, designated Contract Administrator, 1.18 COMPLETE PROJECT REQUIRED:These specifications describe the various items or classes of work required,enumerating or defining the extent of same necessary, but failure to list any items or classes under scope of the several sections shall not relieve the contractor form furnishing, installing or performing such work where required by any part of these specifications, or necessary to the satisfactory completion of the project. 1.19 LOCATION: INTENTIONALLY OMMITTED. 1.20 MIAMI-DADE/STATE CONTRACTS OR OTHER GOVERNMENTAL CONTRACT: The City may, at any time, consider, in lieu of the services provided under this solicitation, utilizing the award for similar services by any other allowable public agency or governmental cooperative. 1.21 CUSTOMER SERVICE: Excellent customer service is the standard of the City of Miami Beach. As contract employees of the City, all employees will be required to adhere to the City's "Service Excellence" standards and expected to conduct themselves in a professional, courteous and ethical manner in all situations. The successful bidder's employees must work as a cooperative j team of well-trained professionals, and must serve the public with dignity and respect.All business I transactions with the City will be conducted with honesty,integrity,and dedication. ; 1.22 WORKMANSHIP AND MATERIALS: All parts installed and materials used in performance of this contract shall be new and unused (of current design and manufacture). Salvage materials will not be allowed without the express consent of the City. All materials and workmanship shall be of highest quality and shall conform to all applicable Building codes, so as to ensure safe and functional operation. The City shall be the sole judge as to parts and workmanship. a 1.23 WARRANTY, FITNESS FOR PURPOSE: The contractor warrants the materials supplied and the ;I work performed under this contract conform to warranty materials provided and work performed for 1 .I 8 019 MIAMI BEAC;I-I 9 I ITB 405.2013•LR DOGIPOT JUNIOR BAG DISPENSER AND BIODEGRADABLE DOGIPOT LITTER PICKUP BAGS one(1)year from date of completion. In addition to all other warranties that may be supplied by the bidder, the bidder shall warrant its products and/or service against faulty labor and/or defective material for a minimum period of one (1) year after the date of acceptance of the labor, materials and/or equipment by the City, This warranty requirement shall remain in force for the full one (1) year period; regardless of whether the contractor is under contract with the City at the time of the defect. Any payment by the City on behalf of the goods or services received from the contractor does not constitute a waiver of these warrant provisions. ,I i� i i :I 9 MIAMI BEACH d ITB 405.2013-LR DOGIPOT JUNIOR BAG DISPENSER AND BIODEGRADABLE DOGIPOT LITTER PICKUP BAGS 2.0 GENERAL CONDITIONS 2.1 SEALED BIDS:An original,five(5)copies,and one(1)electronic copy specified items offered requires complete descriptive technical literature of the complete bid, must be returned In order for the bid to be marked to indicate detailed conformance with specifications,and MUST considered for award, All bids are subject to the conditions specified In BE INCLUDED WITH THE BID. NO BIDS WILL BE CONSIDERED these General Conditions, and In the attached Special Conditions, WITHOUT THIS INFORMATION. Minimum Specifications,and Bid Proposal Form. Lacking any written Indication of intent to quote an alternate brand or 2.2 The completed bid must be submitted In a sealed envelope clearly model number, the bid will be considered as a bid In complete marked with the Bid Title to the City of Miaml Beach Department of compliance with the Bid specifications. Procurement Management, 3rd floor, 1700 Convention Center Drive, Miami Beach,Florida 33139. Facsimile,electronic,or e-mailed bids Note as to Brand Names:Catalog numbers,manufacturers'and brand will not be accepted. names, when listed, are informational guides as to a standard of acceptable product quality level only and should not be construed as an 2.3 EXECUTION OF BID:The bid must contain a manual signature of an endorsement or a product limitation of recognized and legitimate authorized representative In the space provided on the Bid Form. manufacturers. Bidders shall formally substantiate and verify that Failure to properly sign the bid shall Invalidate same,and it shall NOT product(s) offered conform with or exceed quality as listed in the be considered for award. All bids must be completed in pen and Ink or specifications. typewritten. No erasures are permitted. If a correction is necessary, draw a single line through the entered figure and enter the corrected 2.11 NON-CONFORMANCE TO CONTRACT CONDITIONS:Items may be figure above it. Corrections must be initialed by the person slgning the tested for compliance with specifications. Items delivered, not bid. Any illegible entries, pencil bids, or corrections not initialed will conforming to specifications, may be rejected and returned at the NOT be tabulated, bldder's expense. These items,as well as items not delivered as per delivery date in bid and/or purchase order,may be purchased by the 2.4 PRICES QUOTED:Deduct trade discounts and quote firm net prices. City,as Its discretion,on the open market Any increase in cost may be Give both unit price and extended total,when requested. Prices must charged against the bidder. Any violation of these stipulations may also be stated in units of quantity specified in the bidding specifications. In result in the bidder's name being removed from the City's contractor list. , case of discrepancy In computing the amount of the bid, the UNIT PRICE quoted will govern. All prices must be F.O.B.destination,freight 2.12 SAMPLES:Samples of items,when required,must be furnished free of prepaid(unless otherwise stated in Special Conditions). Discounts for expense and, if not destroyed,will, upon request,be returned at the prompt payment award,if made,will be in accordance with terms and bidder's expense. Bidders will be responsible for the removal of all i conditions stated herein, Each item must be bid separately, and no samples furnished within(30)days after bid opening. All samples will attempt is to be made to tie any item or items in with any other item or be disposed of after thirty(30)days. Each Individual sample must be items. Cash or quantity discounts offered will not be a consideration in labeled with the bldder's name. Failure of the bidder to either deliver determination of award of bid(s). required samples, or to clearly identify samples may be reason for rejection of the bid. Unless otherwise indicated, samples should be 2.5 TAXES:The City of Miami Beach is exempt from all Federal Excise and delivered to the Department of Procurement Management, 1700 State taxes. Convention Center Drive,Miami Beach,Florida,33139. 2.6 MISTAKES: Bidders are expected to examine the specifications, 2.13 DELIVERY:Unless actual date of delivery Is specified(or if specified delivery schedules, bid prices, and extensions, and all instructions delivery cannot be met), show number of days (in calendar days) i pertaining to supplies and services, Failure to do so will be at the required to make delivery after receipt of purchase order, in space 1 bidder's risk, provided. Delivery time may become a basis for making an award. Delivery shall be within the normal working hours of the City using 2.7 CONDITION AND PACKAGING:It is understood and agreed that any Department,Monday through Friday,excluding holidays. item offered or shipped as a result of this Bid shall be the latest new and current model offered(most current production model at the time of 2.14 INTERPRETATIONS:Any questions concerning the Bid conditions and this Bid). All containers shall be suitable for storage or shipment,and specifications should be submitted,In writing,to the City's Department all prices shall Include standard commercial packaging. of Procurement Management to Lourdes Rodriguez, e-mail: LourdesRodriguezan.m lam ibeachfl.pov orfacslmile;786-394-0075. 2.t3 UNDERWRITERS' LABORATORIES: Unless otherwise stipulated in the Bid,all manufactured Items and fabricated assemblies shall be U.L. 2.15 BID OPENING: All bids received after the date, time, and place listed or re-examination listing where such has been established by U.L. specified in the Bid,will be returned to the bidder unopened,and will not for the item(s)offered and furnished, be considered,The responsibility for submitting bids before the stated time and date is solely the responsibility of the bidder. The City will not 2.9 CITY'S RIGHT TO WAIVE OR REJECT BIDS:The City Commission be responsible for delays caused by mail,courier service,or any other i reserves the right to waive any informalities or irregularities in this Bid; entity or occurrence.Facsimile,electronic,or e-malled bids will not be or to reject all bids,or any part of any bid,as It deems necessary and in accepted. the best interest of the City of Miami Beach. 2.16 INSPECTION,ACCEPTANCE&TITLE:Inspection and acceptance will 2,10 EQUIVALENTS: If a bidder offers makes of equipment or brands of be at destination,unless otherwise provided. Title to(or risk of loss or supplies other than those specified In the Bid specifications,he must so damage to)all items shall be the responsibility of the successful bidder indicate in his bid. Specific article(s) of equipment/supplies shall until acceptance by the City, unless loss or damage results from the conform in quality,design and construction with all published claims of gross negligence or willful misconduct of the City, the manufacturer. 2.17 If any equipment or supplies supplied to the City are found to be The bidder shall indicate in the Bid Form the manufacturer's name and defective,or to not conform to the specifications,the City reserves the number if bidding other than the specified brands, and shall indicate right to cancel the order upon written notice to the seller,and return the ANY deviation from the specifications as listed in the Bid.Other than product,at the bidders expense. 10 l MIMtI BEACH ITB 405.2013•LR DOGIPOT JUNIOR BAG DISPENSER AND BIODEGRADABLE DOGIPOT LITTER PICKUP BAGS i bid in the amount specified in the Special Conditions. After acceptance 2.18 PAYMENT:Payment will be made by the City after the items have been of the bid, the City will notify the successful bidder to submit a ' received,inspected,and found to comply with Bid specifications,free of performance bond and certificate of insurance in the amount specified damage or defect,and properly invoiced. in the Special Conditions. 2.19 DISPUTES:in case of any doubt or difference of opinion as to the items 2.29 DEFAULT: Failure or refusal of a bidder to execute a contract upon and/or services(as the case may be)to be furnished hereunder,the award,or withdrawal of a bid before such award is made,may result In decision of the City shall be final and binding on all parties. forfeiture of that portion of any bid surety required as liquidated damages incurred by the City thereby;or,where surety is not required, 2.20 LEGAL REQUIREMENTS:The bidder shall be required to comply with failure to execute a contract as described above may be grounds for all federal, State of Florida, Miami-Dade County, and City of Miami removing the bidder from the City's bidder's list. Beach codes,laws,ordinances,and/or rules and regulations that In any manner affect the Items covered herein(collectively,Applicable Laws). 2.30 (NOT USED) Lack of knowledge or Ignorance by the bidder with/of Applicable Laws will In no way be a cause for relief from responsibility. 2.31 BILLING INSTRUCTIONS: Invoices,unless otherwise Indicated, must show purchase order numbers and shall be submitted to the ordering 2.21 PATENTS & ROYALTIES: The bidder shall indemnify and save City department. harmless the City of Miami Beach,Florida,and its officers,employees, contractors,and/or agents,from liability of any nature or kind,including 2.32 NOTES TO CONTRACTORS DELIVERING TO THE CITY OF MIAMI cost and expenses for,or on account of,any copyrighted,patented,or BEACH: Receiving hours are Monday through Friday, excluding unpatented Invention, process,or article manufactured or used in the holidays,from 8:30 a.m.to 5:00 p.m. ; performance of the contract, including its use by the City of Miami Beach, Florida. If the bidder uses any design, device or materials 2.33 SUBSTITUTIONS:The City WILL NOT accept substitute shipments of f covered by letters, patent,or copyright,it is mutually understood and any kind. The bidder is expected to furnish the brand quoted in its bid. agreed,without exception,that the bid prices shall Include all royalties Any substitute shipments will be returned at the bidders expense. or cost arising from the use of such design,device,or materials in any I way Involved in the work. 2.34 FACILITIES:The City,through its City Manager or his/her authorized designee,reserves the right to inspect the bidder's facilities at any time, ! 2.22 OSHA: The bidder warrants to the City that any work, services, upon reasonable prior written or verbal notice. supplies, materials or equipment supplied pursuant to this Bid shall conform in all respects to the standards set forth In the Occupational 2.35 PROTEST PROCEDURES:Bidders that are not selected may protest Safety and Health Act of 1970,as amended,and the failure to comply any recommendation for contract award in accordance with City of with this condition will be deemed breach of contract.Any fines levied Miami Beach Ordinance No.2002-3344,which establishes procedures because of Inadequacies to comply with this condition shall be borne for bid protests. Protest not timely made pursuant to the solely by the bidder. requirements of Ordinance No.2002-3344 shall be barred. 2.23 SPECIAL CONDITIONS:Any and all Special Conditions that may vary 2.36 CLARIFICATION AND ADDENDA TO BID SPECIFICATIONS: If a from these General Conditions shall have precedence. bidder is in doubt as to the true meaning of the Bid specifications,or r other Bid documents,or any part thereof,the bidder must submit to the 2.24 ANTI-DISCRIMINATION: The bidder certifies that he/she is in City, at least seven (7) calendar days prior to the scheduled Bid compliance with the non-discrimination clause contained In Section 202, opening date,a request for clarification. NO QUESTIONS WILL BE Executive Order 11246, as amended by Executive Order 11375, RECEIVED VERBALLY OR AFTER SAID DEADLINE. relative to equal employment opportunity for all persons without regard to race,color,religion,sex or national origin. Any interpretation of the Bid,including,without limitation,responses to 1 questions and request for clarification(s)from bidders,will be made only 2.25 AMERICAN WiTH DISABILITIES ACT: To request this material in by Addendum duly issued by the City. In the event of conflict with the accessible format,sign language interpreters,information on access for original specifications, the Addendum shall supersede such persons with disabilities, and/or any accommodation to review any specifications, to the extent specified. Subsequent Addendum shall document or participate in any city-sponsored proceeding, please govern over prior Addendum only to the extent specified.The bidder contact 305-604-2489 (voice), 305-673-7524 (fax) or 305-673-7218 shall be required to acknowledge receipt of any and all Addendum,by (TTY)five days in advance to initiate your request.TTY users may also signing in the space provided in the Bid Form.Failure to acknowledge call 711(Florida Relay Service). Addendum may deem a bid non-responsive. 2.26 QUALITY:All materials used for the manufacture or construction of any 2.37 The City will not be responsible for explanations, Interpretations, or supplies,materials or equipment covered by this Bid shall be new. The answers to questions made verbally or In writing by any City items bid must be new,of the latest model,of the best quality,and the representative,unless issued by the City via formal written Addendum highest grade workmanship, to this Bid. 2.27 LIABILITY,INSURANCE,LICENSES AND PERMITS:Where bidders 2.38 Any questions or clarifications concerning the Bid shall be submitted in are required to enter or go on to City of Miami Beach property to deliver writing to the Department of Procurement Management to Lourdes materials or perform work or services as a result of the Bid,the bidder Rodriguez via email: Lou rdesRodriguezanmiamlbeachfl.gov or will assume the full duty, obligation and expense of obtaining all facsimile 786.394-4075, with a copy to the City Clerk, Rafael E. necessary licenses, permits, and Insurance, and assure all work Granado,via email:rafaelgranado()miamlbeachfl.gov or facsimile 786- complies with all Applicable Laws.The bidder shall be liable for any 3944188. The Bid title/number shall be referenced on all damages or loss to the City occasioned by negligence of the bidder,or correspondence. his/her officers, employees, contractors, and/or agents, for failure to comply with Applicable Laws, 2.39 DEMONSTRATION OF COMPETENCY: Pre-award inspection of the bidder's facility may be made prior to the 2.28 BID BONDS, PERFORMANCE BONDS, AND CERTIFICATES OF award of contract, INSURANCE: Bid Bonds,when required, shall be submitted with the Bids will only be considered from firms which are regularly engaged in 11 � M MIAMI BED'CH i i ITB 405-2013-LR DOGIPOT JUNIOR BAG DISPENSER AND BIODEGRADABLE DOGIPOT LITTER PICKUP BAGS the business of providing the goods and/or services as described in this the Items specifically listed in this Bid from the successful bidder. Bid. However, items that are to be a "Spot Market" Purchase may be Bidders must be able to demonstrate a good record of performance for purchased by other methods(i.e.Federal,State or local contracts). a reasonable period of time, and have sufficient financial capacity, equipment, and organization to ensure that they can satisfactorily 2.45 ELIMINATION FROM CONSIDERATION: This bid shall not be perform the services if awarded a contract under the terms and awarded to any person or firm who is in arrears to the City upon any conditions of this Bid. debt, taxes, or contracts which are defaulted as surety or otherwise upon any obligation to the City. The terms "equipment and organization", as used herein shall, be construed to mean a fully equipped and well established company in 2.46 ESTIMATED QUANTITIES:Estimated quantities or estimated dollars,if line with the best business practices In the industry,and as determined provided, are for City guidance only. No guarantee Is expressed or by the City of Miami Beach. implied as to quantities or dollars that will be used during the contract ,period.The City is riot obligated to place any order for a given amount The City may consider any evidence available regarding the financial, subsequent to the award of this Bid. Estimates are based upon the technical, and other qualifications and abilities of a bidder, including City's actual needs and/or usage during a previous contract period.The past performance(experience),in making an award that Is in the best City may use said estimates for purposes of determining whether the Interest of the City, low bidder meets specifications. The City may require bidders to show proof that they have been 2.47 COLLUSION:Where two(2)or more related parties each submit a bid designated as authorized representatives of a manufacturer or supplier or bids for any contract, such bids or bids shall be presumed to be which is the actual source of supply. In these instances,the City may collusive, The foregoing presumption may be rebutted by presentation also require material information from the source of supply regarding of evidence as to the extent of ownership,control and management of the quality,packaging,and characteristics of the products to be supply such related parties In the preparation and submittal of such bid or bids, to the City. An material conflicts between information provided b the "Related parties"means bidders or the principals thereof which have a Y Y P Y P P P source of supply and the information contained in the bidders bid may direct or Indirect ownership interest in another bidder for the same render the bid non-responsive, contract,or In which a parent company or the principals thereof of one (1)bidder have a direct or indirect ownership interest in another bidder The City may,during the period that the contract between the City and for the same contract. Bid or bids found to be collusive shall be r the successful bidder is in force,review the successful bidders record rejected. of performance to ensure that the bidder is continuing to provide sufficient financial support,equipment,and organization as prescribed 2.48 Bidders who have been found to have engaged in collusion may also be in this bid. Irrespective of the bidders performance on contracts suspended or debarred, and any contract resulting from collusive awarded to it by the City, the City may place said contracts on bidding may be terminated for cause, probationary status and implement termination procedures if the City determines that the successful bidder no longer possesses the financial 2.49 DISPUTES:In the event of a conflict between the Bid documents,the support, equipment, and organization which would have been order of priority of the documents shall be as follows: necessary during the bid evaluation period in order to comply with the demonstration of competency required under this subsection. Any contract or agreement resulting from the award of this Bid;then Addendum issued for this Bid, with the latest Addendum taking 2.40 DETERMINATION OF AWARD:The City Commission shall award the precedence;then ' bid to the lowest and best bidder. In determining the lowest and best The Bid;then i bidder,In addition to price,there shall be considered the following: The bidders bid in response to the Bid. The ability,capacity and skill of the bidder to perfoml the contract. Whether the bidder can perform the contract within the time specified, 2.50 REASONABLE ACCOMMODATION:In accordance with the Title 11 of without delay or interference. the Americans with Disabilities Act, any person requiring an The character,integrity,reputation,judgment,experience and efficiency accommodation at the Bid opening because of a disability must contact of the bidder, the Public Works Department at(305)673-7080. The quality of performance of previous contracts. The previous and existing compliance by the bidder with Applicable 2.51 GRATUITIES:Bidders shall not offer any gratuities,favors,or anything Laws relating to the contract. of monetary value to any official,employee,contractor,or agent of the City,for the purpose of influencing consideration of this Bid. 2.41 ASSIGNMENT: The successful bidder shall not assign, transfer, convey,sublet or otherwise dispose of the contract,including any or all 2.52 SIGNED BID CONSIDERED AN OFFER: The signed bid shall be of its right, title or interest therein,or his/her or its power to execute considered an offer on the part of the bidder, which offer shall be such contract,to any person,company or corporation,without the prior deemed accepted upon award of the bid by the City Commission. In written consent of the City. case of default on the part of the successful bidder, after such acceptance, the City may procure the Items or services from other 2.42 LAWS, PERMITS AND REGULATIONS: The bidder shall obtain and sources and hold the bidder responsible for any excess cost pay for all licenses, permits, and Inspection fees required under the occasioned or Incurred thereby. contract;and shall comply with all Applicable Laws. j 2.53 TIE BIDS: in accordance with Florida Statues Section 287.087, 2.43 OPTIONAL CONTRACT USAGE:As provided In Section 287.042(17), regarding identical tie bids,preference will be given to bidders certifying ; Florida Statutes,other State agencies may purchase from the resulting that they have implemented a drug free work place program. A contract,provided the Department of Management Services,Division of certiflcation form will be required at the time of bid submission. Procurement, has certified its use to be cost effective and in the best interest of the State. Bidders have the option of selling these 2.54 PUBLIC ENTITY CRIMES(PEC):A person or affiliate who has been d commodities or services certified by the Division to the other State placed on the convicted contractor list following a conviction for public i agencies at the agencies'option, entity crimes may not submit a bid on a contract to provide any goods or services to a public entity,may not submit a bid on a contract with a 2.44 SPOT MARKET PURCHASES:It Is the intent of the City to purchase public entity for the construction or repair of a public building or public 12 MIAMI BEACH ITB 405-2013-LR DOGIPOT JUNIOR BAG DISPENSER AND BIODEGRADABLE DOGIPOT LITTER PICKUP BAGS work, may not submit bids on leases of real property to public entity, City's liability to the successful bidder upon a termination as provided may not be awarded or perform work as a contractor, supplier, sub- for in this subsection. contractor,or consultant under a contract with a public entity,and may not transact business with any public entity in excess of the threshold 2.60 MODIFICATIONIWITHDRAWALS OF BIDS: A bidder may submit a amount provided in Sec.287.017,for CATEGORY TWO for period of modified bid to replace all or any portion of a previously submitted bid 36 months from the date of being placed on the convicted contractor up until the bid due date and time. Modifications received after the bid list. due date and time will NOT be considered. 2.55 DELIVERY TIME; Bidders shall specify in the attached Bid Form,the Bids shall be Irrevocable until contract award unless withdrawn in guaranteed delivery time(in calendar days)for each item. It must be a writing prior to the bid due date or after expiration of 120 calendar days firm delivery time; no ranges (for example, 12-14 days) will be from the opening of bids without a contract award, Letters of withdrawal accepted, received after the bid due date and before said expiration date and letters of withdrawal received after contract award will NOT be 2.56 CONE OF SILENCE:This Bid is subject to the"Cone of Silence"in considered. accordance with Ordinance No. 2002-3378. A copy of all written communication(s)regarding this bid must be filed with the City Clerk via 2,61 EXCEPTIONS TO BID:Bidders are strongly encouraged to thoroughly e-mail at R_afaelGranadoC mlamlbeachfl.gov review the specifications and all conditions set forth in this Bid. Bidders who fail to satisfy the requirements In this Bid, may be deemed non- 2.57 PURSUANT TO THE CITY'S CONE OF SILENCE ORDINANCE,AS responsive and receive no further consideration. Should your proposed CODIFIED IN SECTION 2-486 OF THE CITY CODE, BIDDERS ARE bid not be able to meet one(1)or more of the requirements set forth in ADVISED THAT ORAL COMMUNICATIONS BETWEEN THE this Bid and you are proposing alternatives and/or exceptions to said BIDDERS,OR THEIR REPRESENTATIVES AND 1)THE MAYOR AND requirements, you must notify the Procurement Office, In writing, at CITY COMMISSIONERS AND THEIR RESPECTIVE STAFF; OR 2) least five(5)days prior to the deadline for submission of bids, The City MEMBERS OF THE CITY'S ADMINISTRATIVE STAFF (INCLUDING reserves the right to revise the scope of services via Addendum prior to BUT NOT LIMITED TO THE CITY MANAGER AND HIS STAFF);OR 3) the deadline for receipt of bids. EVALUATION COMMITTEE MEMBERS,IS PROHIBITED. 2.62 FLORIDA PUBLIC RECORDS LAW:Bidders are hereby notified that 2.58 TERMINATION FOR DEFAULT: If the successful bidder shall fail to all Bid including, without limitation, any and all information and fulfill in a timely manner, or otherwise violate, any of the covenants, documentation submitted therewith, are exempt from public records agreements, or stipulations material to the Bid and/or the contract requirements under Section 119.07(1),Florida Statutes,and s.24(a), entered into with the City pursuant thereto, the City shall thereupon Art. 1 of the State Constitution untll such time as the City provides have the right to terminate the work and/or services then remaining to notice of an intended decision or until thirty(30)days after opening of be performed by giving written notice to the bidder of such termination, the bids,whichever Is earlier. which shall become effective upon receipt by the bidder of the'written termination notice. 2.63 MIAMI BEACH BASED CONTRACTORS:A preference will be given to a responsive and responsible Miami Beach-based contractor, who is In that event, the City shall compensate the successful bidder In within five percent(5%)of the lowest and best bidder,an opportunity of accordance with the term of the contract for all work and/or services providing said goods or contractual services for the lowest responsive satisfactorily performed by the bidder prior to termination, net of any bid amount. Whenever, as a result of the foregoing preference, the ' costs Incurred by the City as a consequence of the default. adjusted prices of two (2) or more Miami Beach-based contractors constitute the lowest bid for a competitively bid purchase,and such bids Notwithstanding the above,the successful bidder shall not be relieved are responsive and otherwise equal with respect to quality and service, of liability to the City for damages sustained by the City by virtue of any then the award shall be made to the Miami Beach-based contractor breach of the contract by the bidder, and the City may reasonably having the greatest number of its employees that are Miami Beach withhold payments to the successful bidder for the purposes of set off residents.Whenever,two or more Miami Beach-based contractors have until such time as the exact amount of damages due the City from the the same number of its employees that are Miami Beach residents,then successful bidder Is determined. the award shall be made to the Miami Beach-based contractor who Is certified by Miami-Dade County as a Minority or Women Business The City may,at its discretion,provide reasonable"cure period"for any Enterprise. contractual violation prior to termination of the contract; should the successful bidder fail to take the corrective action specified in the City's 2.64 VETERAN BUSINESS ENTERPRISES: The City shall give a notice of default within the allotted cure period, then the City may preference to a responsive and responsible bidder which Is a small proceed to terminate the contract for cause in accordance with this business concern owned and controlled by a veteran(s)or which Is a i subsection 1.52. service-disabled veteran business enterprise, and which Is within five percent(5%)of the lowest and best bidder,by providing such bidder an 2.59 TERMINATION FOR CONVENIENCE OF CITY:The City may,for its opportunity of providing said goods or contractual services for the convenience,terminate the work and/or services then remaining to be lowest responsive bid amount. Whenever,as a result of the foregoing performed,at any time,by giving written notice to the successful bidder preference,the adjusted prices of two(2)or more bidders which are a of such termination, which shall become effective thirty (30) days small business concern owned and controlled by a veteran(s) or a following receipt by bidder of such notice. In that event,all finished or service-disabled veteran business enterprise constitute the lowest bid unfinished documents and other materials shall be properly delivered to pursuant to an bid or oral or written request for quotation,and such bids the City. If the contract is terminated by the City as provided in this are responsive,responsible and otherwise equal with respect to quality subsection, the City shall compensate the successful bidder in and service, then the award shall be made to the service-disabled accordance with the terms of the contract for all and without cause veteran business enterprise. i and/or any resulting liability to the City,work and/or services actually performed by the successful bidder, and shall also compensate the i bidder for its reasonable direct costs in assembling and delivering to 7 City all documents. No compensation shall be due to the successful bidder for any profits that the successful bidder expected to earn on the balanced of the contract. Such payments shall be the total extent of the 13 � . MiAMI BEACH 1 1 . I i ITB 405-2013-LR DOGIPOT JUNIOR BAG DISPENSER AND BIODEGRADABLE DOGIPOT LITTER PICKUP BAGS 3.0 MINIMUM REQUIREMENTS&TECHNICAL SPECIFICATION i 3.1 SPECIFICATIONS: Aluminum DogiPot®Junior Bag Dispenser**NO SUBSTITUTION**to include: • 4'8'Poly Composite Square Telescopic DogiPot®post • Mounting hardware for 1 %"x 1 %"to 2"x 2"square or channel post(two(2)2%"x with bolts,washers and locknuts) • Two(2)keys for Dispenser Locking Front Access Panel • Two(2)rolls of 0X0-Biodegradable DogiPot®Litter Pick Up Bags(200 count per roll) OXO-Biodegradable DogiPot®Litter Pick Up Bags**NO SUBSTITUTION** • 200 bags per roll, Perforated Bag Separation,8"wide x 13"tall,Opaque green,30-roll cases 4.0 COST PROPOSAL ' 4.1 COST PROPOSAL (APPENDIX B)o In order to be considered, bidder must submit, with their bid, Appendix B, Cost Proposal. Failure to submit Appendix B,Cost Proposal,with bid will disqualify bidder from consideration. �I 1 14 MIAMI BEACH y s I APPENDIX A Pro osal Cer uuestionnaire ® Requirements r I i i 0 I G t1 i{ k, ara DEPARTMENT OF PROCUREMENT MANAGEMENT r 1700 Convention Center Drive I Miami Beach, Florida 33139 305-673-7490 �I Purpose: The purpose of this Proposal Certification, Questionnaire and Requirements Affidavit Form is to inform prospective Proposers of certain solicitation and contractual requirements, and to collect necessary information from Proposers in order that certain portions of responsiveness, responsibility and other determining factors and compliance with requirements, as stipulated in the solicitation, may be evaluated. This Proposal Certification, Questionnaire and Requirements Affidavit Form is a REQUIRED FORM that must be submitted fully completed and executed. 1. General Proposer Information. FIRM NAME: era e, t-f jr C No of Years in Business: No of Years in Business Locally: OTHER NAME(S) BIDDER HAS OPERATED UNDER IN THE LAST 10 YEARS: FIRM PRIMARY ADDRESS(HEADQUARTERS): _ e�Lj CITY: STATE: TELEPHONE NO.: TOLL FREE NO.: •� , s,� J� � � FAX NO.: `�j` �0 `t L FIRM LOCAL ADDRESS: i CITY: STATE: PRIMARY ACCOUNT REPRESENTATIVE OR THIS ENGAGEMENT: ACCOUNT REP TELEPHONE NO.: _ Z , 43 ACCOUNT REP TOLL FREE NO.: ACCOUNT REP EMAIL: FEDERAL TAX IDENTIFICATION NO.; The City reserves the right to seek additional information from proposer or other source(s), including but not limited to: any firm or principal information, applicable licensure, resumes of relevant individuals, client Information, financial ' information, or any information the City deems necessary to evaluate the capacity of the proposer to perform in accordance with contract requirements. 1 . MIAMI BEACH APPENDIX A s . 2. Miami Beach Based(Local)Vendor. Is proposer Miami Beach based firm? YES NO SUBMITTAL REQUIREMENT: Proposers claiming Miami Beach based vendor status shall submit a business tax receipt issued by the City of Miami Beach for at least one (1) year prior to the issuance of a Bid, and has, for at least one (1) year prior to the issuance of a Bid, its headquarters in the City, or has a place of business located in the city at which it will produce the goods or perform the contractual services to be purchased. 3. Veteran Owned Business. roposer a veteran o ed business? Is YES NO i SUBMITTAL REQUIREMENT: Proposers claiming veteran owned business status shall submit a certification issued by the State of Florida or United State federal government. i 4. Financial Capacity. Proposers shall submit a Dun & Bradstreet Duns Number(D-U-N-S#). The City may request one or more D&B reports to assess proposer's financial capacity or may request other information (e.g.,audited and other financial statements) after proposal submittal in order to assess financial capacity. If firm is not currently registered at D&B,contact D&B at 1-800-234-3867 to register your company. SUBMITTAL REQUIRE ENT: Proposer shall submit Dun&Bradstreet Duns Number (D-U-N-S#}; IlL'I C)32C5 5. Litigation History. Proposer shall submit a statement of any litigation or regulatory action that has been filed against your firm(s) in the last five years. If an action has been filed, state and describe the litigation or regulatory action filed, and identify the court or agency before which the action was instituted,the applicable case or file number,and the status or disposition for such reported action. If no litigation or regulatory action has been filed against your firm(s), provide a statement to that effect. If"No" litigation or regulatory action has been filed against your firm(s), please provide a statement to that effect. Truthful and complete i answers to this question may not necessarily disqualify a firm from consideration but will be a factor in the selection process. Untruthful, misleading or false answers to this question shall result in the disqualification of the firm for this project. SUBMITTAL REQUIREMENT: Proposer shall submit history of litigation or regulatory action filed against proposer, or any proposer team member firm, in the past 5 years. If Proposer has no litigation history or regulatory action in the past 5 years, submit a statement accordingly. .I I 1a l MIAMI BEAC­.[--I 2 APPENDIX A , I, 6. References & Past Performance. Proposer shall submit at least three (3) references for whom the proposer has completed work similar in size and nature as the work referenced in solicitation.A minimum of three(3) references are required. SUBMITTAL REQUIREMENT: Proposer shall submit a minimum of three (3) references, including the following information: 1) Firm Name, 2) Contact Individual Name & Title, 3) Address, 4) Telephone, 5) Contact's Email and 6) Narrative on Scope of'Services Provided. 7. Suspension, Debarment or Contract Cancellation. Has proposer ever been debarred, suspended or convicted of a public entity crime, or had a contract cancelled due to non-performance by any public sector agency? 0 YES [ NO SUBMITTAL REQUIREMENT: if answer to above is"YES," Proposer shall submit a statement detailing the reasons that led to action(s). i I 8. Vendor Campaign Contributions. Proposers are expected to be or become familiar with, the City's Campaign Finance Reform laws, as codified in Sections 2-487 through 2-490 of the City Code. Proposers i shall be solely responsible for ensuring that all applicable provisions of the City's Campaign Finance Reform laws are complied with, and shall be subject to any and all sanctions, as prescribed therein, including disqualification of their Proposals, in the event of such non-compliance. SUBMITTAL REQUIREMENT: Submit the names of all individuals or entities (including your sub- consultants) with a controlling financial interest as defined in ITB. For each individual or entity with a controlling financial interest indicate whether or not each individual or entity has contributed to the campaign either directly or indirectly,of a candidate who has been elected to the office of Mayor or City Commissioner for the City of Miami Beach, 9. Code of Business Ethics. Pursuant to City Resolution No.2000-23879, each person or entity that seeks to do business with the City shall adopt a Code of Business Ethics ("Code") and submit that Code to the Department of Procurement Management with its bid/response or within five (5) days upon receipt of request. The Code shall, at a minimum, require the Proposer, to comply with all applicable governmental rules and regulations including, among others, the conflict of interest, lobbying and ethics provision of the j City of Miami Beach and Miami Dade County. SUBMITTAL REQUIREMENT: Proposer shall submit firm's Code of Business Ethics. In lieu of submitting Code of Business Ethics, proposer may submit a statement indicating that it will adopt, as required in the ' ordinance,the City of Miami Beach Code of Ethics,available at www.miamibeachfl.gov/procurement/. 10. Living Wage. Pursuant to Section 2-408 of the Miami Beach City Code, as same may be amended from time to time, proposers shall be required to pay all employees who provide services pursuant to this Agreement,the hourly living wage rates listed below: • Commencing with City fiscal year 2012-13 (October 1, 2012), the hourly living rate will be$11.28/hr with health benefits, and$12.92/hr without benefits, i 7 The living wage rate and health care benefits rate may, by Resolution of the City Commission be indexed annually for inflation using the Consumer Price Index for all Urban Consumers (CPI-U) Miami/Ft. 1 Lauderdale, issued by the U.S. Department of Labor's Bureau of Labor Statistics. Notwithstanding the preceding, no annual index shall exceed three percent(A). The City may also, by resolution, elect not to MAMIBEACH a 3 APPENDIX A i i index the living wage rate in any particular year, if it determines it would not be fiscally sound to implement same(in a particular year). Proposers' failure to comply with this provision shall be deemed a material breach under this bid, under which the City may, at its sole option, immediately deem said proposer as non-responsive, and may further subject proposer to additional penalties and fines, as provided in the City's Living Wage Ordinance, as amended. Further information on the Living Wage requirement is available at www.miamibeachfl.gov/procurement/. SUBMITTAL REQUIREMENT: No additional submittal is required. By virtue of submitting a proposal to the ITB, Proposer agrees to the living wage requirement. 11. Equal Benefits for Employees with Spouses and Employees with Domestic Partners. When awarding competitively solicited contracts valued at over$100,000 whose contractors maintain 51 or more full time employees on their payrolls during 20 or more calendar work weeks, the Equal Benefits for Domestic j Partners Ordinance requires certain contractors doing business with the City of Miami Beach, who are awarded a contract pursuant to competitive bids, to provide "Equal Benefits" to their employees with domestic partners,as they provide to employees with spouses.Any contract awarded pursuant to this ITB is subject to the City's Equal Benefits Ordinance(Ordinance No. 2005-3494, and as codified in Section 2-373 of the City Code entitled, "Requirement for City Contractors to Provide Equal Benefits for Domestic Partners, and hereafter referred to as the "Ordinance"). The Ordinance applies to all employees of a Contractor who work within the City limits of the City of Miami Beach, Florida; and the Contractor's employees located in the United States, but outside of the City of Miami Beach limits, who are directly performing work on the contract within the City of Miami Beach. A Contractor may institute an internal registry to allow for the provision of equal benefits to employees with domestic partners who do not register their partnerships pursuant to a governmental body authorizing such registration, or who are located in a jurisdiction where no such governmental domestic partnership exists.A Contractor that institutes such registry shall not impose criteria for registration that are more stringent than those required for domestic partnership registration by the City of Miami Beach If Proposer cannot offer a benefit in a nondiscriminatory manner because of reasons outside your control, (e.g., there are no insurance providers in your area willing to offer domestic partner coverage) you may be eligible for Reasonable Measures compliance. To comply on this basis, you must agree to pay a cash equivalent and submit a completed Reasonable Measures Application (attached) with all necessary documentation. Your Reasonable Measures Application will be reviewed for consideration by the City Manager, or his designee. Approval is not guaranteed and the City Manager's decision is final. Further information on the Equal Benefits requirement and forms noted below are available at www.miamibeachfi.gov/procuremenY. i i MIAMI BEACH 4 APPENDIX A a 'Please indicate number of full=time.em PY to ees: Select One... Proposer provides equal benefits to its employees with domestic' partners and will do so, in accordance with the Equal Benefits Ordinance,throughout the term of any resulting contract. SUBMITTAL REQUIREMENT:IDeclaration: Nondiscrimination in contracts and -benefits FORM with supporting documentation as required per1he-form.The form ; is available at 4ttp://www,miamibeachfi.gov/procurement/ Proposer currently does -not provide-equal benefits to its employees with domestic partners but will do so, in accordance with the Equal Benefits-Ordinance,within 60 days of award of any resulting contract. SUBMITTAL REQUIREMENT: Substantial zCompliance form. The form is available at http:/Iwww.miamibeachfi.gov/procurement Proposer is unable to provide equal benefits to its employees with domestic partners through no fault of its own. SUBMITTAL REQUIREMENT: Reasonable Measures Application Form with ; supporting documentation as required per the form. The form is available at http://www.miamibeachfl.gov/procurement/ i a a 5 APPENDIX A a 1 PROPOSAL DISCLOSURE AND DISCLAIMER STATEMENT: The solicitation referenced herein is being furnished to the recipient by the City of Miami Beach (the "City") for the recipient's convenience. Any action taken by the City in response to Proposals made pursuant to this Invitation to Bid ("ITB"),or in making any award, or in failing or refusing to make any award pursuant to such Proposals, or in cancelling awards, or in withdrawing or cancelling this ITB, either before or after issuance of an award,shall be without any liability or obligation on the part of the City. s In its sole discretion, the City may withdraw the solicitation either before or after receiving proposals, may accept or reject proposals, and may accept proposals which deviate from the solicitation, as it deems appropriate and in its best interest. In its sole discretion, the City may determine the qualifications and acceptability of any party or parties submitting Proposals in response to this solicitation. Following submission of a Proposal, the applicant agrees to deliver such further details, information and assurances, including financial and disclosure data, relating to the Proposal and the applicant including, without limitation, the applicant's affiliates, officers, directors, shareholders, partners and employees, as requested by the City in its discretion. The information contained herein is provided solely for the convenience of prospective Proposers. It is the responsibility of the recipient to assure itself that information contained herein is accurate and complete. The City does not provide any assurances as to the accuracy of any information in this solicitation. Any reliance on these contents,or on any permitted communications with City officials,shall be at the recipient's own risk. Proposers should rely exclusively on their own investigations, interpretations, and analyses. The solicitation is being provided by the City without any warranty or representation, express or implied, as to its content, its accuracy, or its completeness. No warranty or representation is made by the City or its agents that any Proposal conforming to these requirements will be selected for consideration, negotiation,or approval. The City shall have no obligation or liability with respect to this solicitation, the selection and the award process, or whether any award will be made. Any recipient of this solicitation who responds hereto fully acknowledges all the provisions of this Disclosure and Disclaimer, is totally relying on this Disclosure and Disclaimer, and agrees to be bound by the terms hereof. Any Proposals submitted to the City pursuant to this ITB are submitted at the sole risk and responsibility of the party submitting such Proposal. This ITB is made subject to correction of errors,omissions, or withdrawal from the market without notice. Information is for guidance only,and does not constitute all or any part of an agreement. The City nd all Proposers will be bound only as, if and when a Proposal or Proposals), as same ma be modified, Y p Y P ( Y and the applicable definitive agreements pertaining thereto, are approved and executed by the parties, and then only pursuant to the terms of the definitive agreements executed among the parties.Any response to this solicitation may be accepted or rejected by the City for any reason,or for no reason,without any resultant liability to the City. i MIAMI BEACH 6 APPENDIX A a ' I The City is governed by the Government-in-the-Sunshine Law,and all Proposals and supporting documents shall be subject to disclosure as required by such law. All Proposals shall be submitted in sealed bid form and shall remain confidential to the extent permitted by Florida Statutes, until the date and time selected for opening the responses.At that time,all documents received by the City shall become public records. Proposers are expected to make all disclosures and declarations as requested in this solicitation. By submission of a � Proposal, the Proposer acknowledges and agrees that the City has the right to make any inquiry or investigation it deems appropriate to substantiate or supplement information contained in the Proposal, and authorizes the release to the City of any and all information sought in such inquiry or investigation. Each Proposer certifies that the information contained in the Proposal is true, accurate and complete, to the best of its knowledge, information, and belief. I Notwithstanding the foregoing or anything contained in the ITB, all Proposers agree that in the event of a final ' unappealable judgment by a court of competent jurisdiction which imposes on the City any liability arising out of this ITB,or any response thereto,or any action or inaction by the City with respect thereto,such liability shall be limited to $10,000.00 as agreed-upon and liquidated damages. The previous sentence, however, shall not be construed to circumvent any of the other provisions of this Disclosure and Disclaimer which imposes no liability on the City. In the event of any differences in language between this Disclosure and Disclaimer and the balance of the ITB, it is understood that the provisions of this Disclosure and Disclaimer shall always govern. The ITB and any disputes arising from the ITB shall be governed by and construed in accordance with the laws of the State of Florida. PROPOSE NOWLEDGEMENT I hereby certify that: I, as an authorized agent of the Proposer,am submitting the following information as my firm's proposal; Proposer agrees to complete and unconditional acceptance of the terms and conditions of this document, inclusive of this ITB, all attachments, exhibits and appendices and the contents of any Addenda released hereto, and the Disclosure and Disclaimer Statement; proposer agrees to be bound to any and all specifications, terms and conditions contained in the ITB, and any released Addenda and understand that the following are requirements of this ITB and failure to comply will result in disqualification of proposal submitted; Proposer has not divulged, discussed, or compared the proposal with other Proposers and has not colluded with any other proposer or party to any other proposal; proposer acknowledges that all information contained herein is part of the public domain as defined by the State of Florida Sunshine and Public Records Laws; all responses, data and information contained in this proposal, inclusive of the Proposal Certification, Questionnaire and Requirements Affidavit are true and accurate. Name o ro oser's A orized Representative: Title of Proposer's Auth rued Representative: 1 e(f Pvendo Sig Lure o Pr er's A ed Re r Date t State of FLORIDA ) On thisay of&e 13,personally appeared before me =,'jn L_Irgd6Pe who County of ., ) stated that (s)he is theWir- .)io ner of,FUyy);JiAYe- a 9 corporation, and th4 the instrument was signed in behalf of the said corporation by authority of its board of directors and acknowledged said instrument to be its voluntary act and deed.Before me: a4 oary ublic for the S e of- t j My Commission Expires: a AAIAMl BEACI 7 APPENDIX A 4�. i APPENDIX B COST PROPOSAL DEPARTMENT OF PROCUREMENT MANAGEMENT 1700 Convention Center Drive Miami Beach, Florida 33139 305-673-7490 i i i i MIAMI3EACH APPENDIX 8—Cost Proposal Item Description QTY UOM Unit Price Total 1 Poly Aluminum DogiPot®Junior Bag Dispenser(as described in 40 Each the specifications)-NO SUBSTITUTION. Price to be inclusive of shipping, FOB destination. $-'j61� ��J $3 lam► • �� 2 Case of 0X0-Biodegradable DogiPot®Litter Pick Up Bags Item 230 Case #1402.30 rolls per case-200 bags per roll,NO SUBSTITUTION. Price to be inclusive of shipping, FOB destination. $y 5�i. 5 GRAND 361;x • TOTAL $ ACKNOWLEDGEMENT OFADDENDA lo i atcordAnte with General C6ndition • • e•• responsibility to ed'eachand every ad•• o. issued •. •••r'shall atknowle o•• by • beloW that.It has received eadh addenda issued.Failure to o •ee• eeceiot e f:each and'every addenda, -disqualify o • Addenda1 Addenda 5 Addenda 9 Addenda 2 Addenda 6 Addenda 10 Addenda 3 Addenda 7 Addenda 11 Addenda 4 Addenda 8 Addenda 12 A i i 9 i I .I J 0 MIAMI BEACH APPENDIX B—Cost Proposal a Phone # (800) 213-2401 Quote PO BOX 2390 Fax # (386) 437-6652 Date Quote# Bunnell, Florida,32110 Phone:800-213-2401 Physical Address:Furniture Leisure,Inc. 9/4/2013 12720 .lruvsa.. �ccrVii :�rr=c� :. + 2729 E.Moody Blvd.#301 Taxpayer ID 952-2419881 Bunnell,FI 32110 Bill To Ship To City of Miami Beach City of Miami Beach Accts.Payable Miami Beach,FL 33139 2100 Meridian Ave. Miami Beach,FL 33139 P.O. Number Rep Terms AM Formal P.O. Item Description Ordered Cost Total 1002-2 Dogipot Junior Bag Dispenser 40 79.95 3,198.00T 1402-30 Single Bag/Roll @200 Bags,30 Roll 230 159.95 36,788.50T Case S&H Shipping and Handling.Commercial 0.00 Delivery does not include off loading freight.Additional charges for Lift Gate,Call Ahead,and Inside Delivery will be added when requested. PLEASE INSPECT:ALL PRODUCTS IN THE PRESENCE OF THE DRIVER AT TIME OF DELIVERY TO ENSURE PRODUCT WAS NOT RECEIVED DAMAGED. IF THERE IS SOME DAMAGES TO THE PRODUCT PLEASE BE SURE TO SIGN B.O.L.AS RECEIVED DAMAGED.Standard commercial lead times are 2 to 4 weeks.Please call 1-800-213-2401 to obtain pricing services and delivery questions. Furniture Leisure,Inc.requires a 50%deposit on all first orders and all orders over$2000.00. The Balance is due upon receipt of merchandise. Orders will not be processed until credit is approved by Furniture Leisure,Inc.All Custom Orders Subtotal $39,986.50 (made to customers specifications)require payment in advance and are non-cancelable and non-returnable. A 25% restocking fee plus all shipping costs are required to return stock merchandise.Returns must receive a"Return Authorization"from Furniture Leisure,Inc.prior to shipping.All Returns must be received in the original cartons and in new Sales Tax (0.0%) $0.00 condition. The manufacturer of merchandise purchased from Furniture Leisure,Inc.warrants all products. Written warranties are available upon request. Furniture Leisure,Inc.assumes no responsibility to extend,alter,or modify any product warranty. $39,986.50 Furniture Leisure,Inc.will be held harmless against all claims of liability resulting from receiving,installation and use of Total these products.All shipments are scheduled ASAP"As soon as Possible".All efforts will be made to expedite.However the purchaser acknowledges no arrival dates are guaranteed.Customer agrees to pay reasonable collection costs allowed by law and/or attorneys fees incurred in connection with the collection of this transaction. The venue for any litigation with Furniture Leisure,Inc.will be Fla ler County,Florida. Receiving,Offloading,Assembly and Installation of the merchandise is solely the customer's responsibility and is not included in the above price. Signature Title Date alex@furnitureleisure.com www.furnitureleisure.com ACC>R" CERTIFICATE OF LIABILITY INSURANCE DATE(MM,'DD;YYYY) 09/04/2013 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION US INSURANCE SOLU T IONS. INC. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 595 N. NOVA ROAD, SUITE 1090 HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR ORMOND BEACH, FL 32174 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A: NAUTILUS INSURANCE COMPANY FURNITURE LEISURE INC. INSURER e: PO B0 2390 INSURER C: BUNNELL, FL 32110-2390 INSURER D: INSURER E-. COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED-PJOTWITHSTANDING ANY RECLIIREPAIENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR-10Ay PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES AGGREGATE U:'vdTS SHOWN IMAY HAVE BEEN REDUCED BY PAID CLAIMS, INSR AUD'L' POLICY EFFECTIVE POLICY EXPIRATION LTR INSRL1I TYPE OF INSURANCE POLICY NUMBER DATE(MM(DDIYY) DATE(MM DD, LIMITS A I GENERAL LIABILITY NN307122 06/12/2013 06/12/2014 EACH OCCURRENCE S 1.000,000 GONIMERGIAL GE'IERAL IUAF-ILITY DAMAGE TO RENTED ;OG.0G0 PREMISES(Ea occurence) CL41-MS'✓:F.GE OCCUR MED EXP(Any one person,) S 5,000 PERSONAL&ADV INJURY 1.000.1000 GENERAL AGGREGATE S 2.000,000 GEN,AGGREGATE LIMIT APPt.IES PER- PRODUCTS-COMP/OP AGG $ 2.000.00110 i POL-1' n=RC±ECT LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT I ANY AL T O (Ea accident) S I Ai L OWNED AUTOS BODILY 4 SCHEDULED AI `'S (Per pers�on)URv 3 I HIRED A,,i-,{] i BODILY INJURY - i Li ?,GN•OwL'P: j AL110S (Per accident) - PROPERTY DAMAGE s (Per accident) I GARAGE LIA134LITY AUTO ONLY-EA ACCIDENT € OTHER,THAN EA ACC S I AUTO ONLY Ar,G I I EXCESSIUMBRELLA LIABILITY 1-I EA� OCCURRENCE ± LA AGGREGATE 5 I I 1 .. DEDUC-1— j^c L RErEti`T!0r7 S WORKERS COMPENSATION AND V111C,STATU H- EMPLOYERS'LIABILITY TORY LIMITS ER ANY P?OPPI`r01lPAR?'iN'Pr=XU-iVE E L EACH ACCIDENT O�F!G, S EF;ME 4BER EXCLUEG" ves describe un6er E L.01,^EA-Sr.E _1.1FLt'EE. 3 S ECI.AL P 1G�Vi^iChC below E.L.DISEASE POLICY L MIT `. OTHER. DEELLPiPTION C.AT*Ns i I' rL ADDED BY ENDORSEMENT7 SPECIZrFIR5VISIONS ONLINE OUTDOOR FURNITURE SALES AND UMBRELLA BRACE.PRODUCT CERTIFICATE HOLDER CANCELLATION CITY OF MIAMI BEACH SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION 1700 COVENTION CENTER DR., 3RD FLOOR DATE THEREOF.THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN MIAMI BEACH,_ FL 33139 NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL IMPOSE NO OR ATION OR LIAHI F ANY KIND UPON THE INSURER,ITS AGENTS OR R,EPRES-FITATIVES �AUTHORI t0 FIEPRdS {V I ACORD 25(200l.;08) OC ACORD CORPORATION 1988