Loading...
Contract 2013-405-ITB-ZW USA dba Zero Waste USA Litter Bags Go� MIAMSEACH . l F I 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 Ci y Clerk and may be renewed, at the sole discretion of the City, t ugh it,.,s City Manager, for two (2) additional years, on a year-to-year basis, upon mutual agreement between the two parties. SUPERSEDES: N/A CONTRACTOR(S): ZW USA, Inc. d/b/a Zero Waste USA-Litter Bags (Primary) 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. Certification of Contract 1 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. Certification of Contract 2 i 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: . ZW USA, Inc. d/b/a Zero Waste USA 12316 World Trade Drive,4102 San Diego, California 92128 Attn: Michael Gilas, President Phone: 1-800-789-2563 Fax: 1-800-789-6619 E-mail: mikenazerowasteusa,eom 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 b a court of competent jurisdiction to be invalid, the remaining provisions shall Y P J 9P 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. 4 Certification of Contract IN WITNESS WHEREOF the City and Contractor have caused this Certification of Contract to be signed and attested on this day of 20a, by their respective duly authorized representatives. CONTRACTOR CITY OF MIAMI BEACH By By ' Pres• nt/Signature ��' M � y P ant Name Date Date AT ATTEST:ZIA Secretary/Signature City Clerk rl C� Print Name Dke Date �� •- 0• INCORP ORATED F:\PURC1$ALL\Solicitations\2013\2013-405LR-ITB- DogiPot Dispenser and Pickup Bas Cafitrae\,405 INC dba Zero Waste Bags and Dispensers.doc APPROVED AS TO FORM &LANGUAGE &FOR -XECUTION rney 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 Biode radable 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 SummarylRecommendatlon: 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, Furniture 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 $40,000 011-0940-000343 2 $ 3,750 435-0430-000343 3 $ 3,750 435-9962-000343 4 $ 3,750 435-9968-000343 5 $ 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 Mt y Manager I VJ I 11 AD_?�L J c..E 4+-- MT KGB JLM AGENDA ITEM MIAMIREACH SATE to 6® -- MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive,Miami Beach,Florida 33139,www.miamibeachfl.gov C MMISSION EMORANDUM TO: Mayor Philip Levine and Members f the City C 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, FEAR 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 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 Dogipot 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 Furniture Leisure Inc. Unit Item Description QTY UOM Price Total 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 1 **$99.00 1 $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, Fumiture 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 /AD T:\AGENDA\2013\December 11\ProcurementllTB 405-2013LR- Dogipot Junior Bag Dispensers and Biodegradable Dogipot Litter Pickup Bags-MEMO.docx 62 THIS PAGE INTENTIONALLY LEFT BLANK i i 63 i i MIAMIBEACH City of Micimi 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 DID(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 Iocknuts) • Two (2) keys for Dispenser Locking Front Access Panel j • Two•(2)rolls of OXO-Biodegradable DogiPot®Litter Pick Up Bags (200 count per roll) f 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 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. ' I The bidder shall indicate in the Bid Form the manufacturer's 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. NO 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 formal) substantiate and verify that product(s)offered conform Y Y � ( ) i 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 Beach, Florida, 33139. Ila Appendix B-m 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 i 111 7 r d A i APPENDIX _13 CUST PROPOSAL REVISED AnNt Ej" MIAMI BEACH i weir DEPARTMENT OF PROCUREMENT MANAGEMENT 1700 Convention Center Drive Miami Beach, Florida 33139 305-673-7490 n a C gn' MIAMIBEACH APPENDIX B—Cost Proposal i I f I i Item Description QTY 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. e 1 Brand: 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 $ I ACKNOWLEDGEMENT OF ADDENDA In acdorda on:dition e bidder'tlresoqnsibllityto a8surethat 11thas receiVe'd1dach and dvdtyadd• o. •e bythe.Cit Sidd6r • ••e• e o below that it has receivedeach addenda issued.Failure to 0 edge :1 t6deiDtof each,and every .e• •. rAa.y Oisq W.d...­ Addenda 1 Addenda 5 Addenda 9 Addenda 2 Addenda 6 Addenda 10 Addenda 3 Addenda 7 Addenda 11 A Addenda 4 Addenda 8 Addenda 12 3 i I ® MIAMI BEACH APPENDIX B—Cost Proposal 4 i i MIAMIBEACH 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 Ci ty of Miami Beach, 1700 Convention Center Drive,Miami Beach, Florida 33139,www.miamibeachfi.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 that will 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 and executed. i Q2. Is the City of Miami Beach already using the DogiPot products? A2. Yes,the o iPofi products are used throughout the City at various parks and public facilities. 9 Q3. Is it possible for prospective Bidder to get a copy of your current contract? i A3. The City does not have a current contract for these goods, but have been procuring these a 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. THIS IS A FORMAL ADDENDUM THAT HAS TO BE ACKNOWLEDGED IN THE BID ADDENDA i ACKNOWLEDGEMENT FORM. IF A BIDDER FAILS TO ACKNOWLEDGE RECEIPT OF THIS 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 i f f 5 1 II a 1 I I' I I n Public Purchase:Awarding Bid TTQ#278-2-0 1 O)ST-Nirchsae and Delivery of Dogipot an... Page I of I r Liblic Purchaseo Chat�3 Help Logout Home New Bid Closed Bids My Stuff Tools Awarding Bid XTQ #273-2013ST - PUrchsae and ...-Delivery of Dogipot and Dispenser [9 Download Excel] Vlew Disqualified Vendors Award Ve Awarded Tt Total Gen.Info Furnitui $17,695.0( QT&As $9,300.00 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 [Awarding Menu Customer Support:agencysupport@publicpurchase,com I copyright 1999-200 The Public Group,LE.C.Alt rights reserved. 11te Pubfik 1,CY'roupf) e,:7/ ;or 1)a17- LI'Oa,,04�74,�c h-ttp://,,vvww.publiopurchase.com/,ceriis/awarding/tabbyvendot, 7/10/2013 Q1 IAN 1 r-• N O N FF U O O � k• 'C of cD a' LO r'.:o 4-j NC:l co cl •'y•i1 ln' ''Lo �� l of j ai �-0 0.. t t ,;C O. p ottE I N _ •�.. � � 1 CL LL U co, CY CMD 't'h-riy u�lz D f O cQ�g m E-1 cm en Co lV nt1 y�1 U c Q• o a`fFA 4 �.•. o +A � l _ ,0 m t ` cu CL N m Il, i�mI 0 p 1 ' .. .rte m , x C 0(:) 10,0N, CL. xx�� '• 1 5 Lam„ E I. I.: i I t j ' I 4 , p CL r I CL Iwam' F: N.:} :\4 m l o° (°o , ,..; �a) v ' � 400 i ' •' r � � N �• Q ; It Lo Ca F.� o•w.1 m s m as Cld M_ Lu d 1. :;;;.1 O �.m i m o t J 1 _o a 'g � ' o c 1.2 a r 1-0 CL Oz IQN : -,ab51) 0. • ' L Public P'.'r"! ,,Nvarding r-, ',iz (: and Dc.i,.i X Dogipolk ....... 7. of I urchase(R) .rubli Chat w, Help Logout Home New Bid Closed Bids My Stuff Tools -A"w-'"a"-r'*d-in—g' -B-, -I-T-Q-, #'2--7,8--,—2-0-13'-S-,T-- 'P-''u"'r"'C"'h-s--a'e-,"a'-'n d" Delivery of Dogipot and Dispenser v Code Item Qty Unit Brand 1 Poly DOGIPOT pet station v 20 each QT&Associates,,lic ZERO Unit Price Qty Total El Brand 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 AssociateSr 11C Brand ZERO Unit Price Qty Total Note SNi WASTE $105.00 80 $8,400.00 Reference JJB009 all # -MZW Furniture Leisure,Inc. Brand Unit Price Qty Total Reference !9199.95 80 !915.996.00 ;7 Awarding Menu Customer Support; ageliCysupport@publlcpurct)ase,cot-n I copyright 1999-2013 @ I The Public Group,LLC.All rights reserved, Public -.Y1 0111 http://www.pilblieptirchase.com/gems/awarding/t�abbyitem?bldId=l 9549&type,=on1i11e 6/13/2013 INVITATION TO BID ITS DOGIPOT® JUNIOR BAG DISPENSERS AND BIODEGRADABLE D®GIPOT LITTER PICKUP BAGS ITB N0. 405-2013LR 1 I ITB Due Date: September 17, 2013 AT 3:00 P.M. I 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 I LAA MIAMIBEAC-HJ I MIAMI BEACH City of Miami Beach,1700 Convention Center Drive,Mlaml Beach,Florida 33139,www.miamibeachfi.gov DEPARTMENT OF PROCUREMENT MANAGEMENT Tel:305-673-7000 ext.6652,Fax:786.394.4075 NOTICE of "NO DID" 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_do not_want to be retained on your mailing list for future bids for this type or product and/or service. Signature: Name&Title: i Company: 4 1 tl 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 following location: Department of Procurement Management p gem nt V 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 9 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: LourdesRodriguez @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: 786-394-4'188. 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 �1 3 MIAMI BEAD_H 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.miamibeachfl.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 NO.2000-3234. • PROTEST PROCEDURES--ORDINANCE NO.2002-3344. • LOBBYIST REGISTRATION AND DISCLOSURE OF FEES--ORDINANCE NO.2002-3363 • EQUAL BENEFITS ORDINANCE—ORDINANCE NO.2005-3494 ® LOCAL PREFERENCE FOR MIAMI BEACH-BASED CONTRACTORS—ORDINANCE NO. 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 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 1 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 a primary coverage to any insurance or self-insurance the City of Miami Beach possesses j that may apply to a loss resulting from the work and/or services performed in this contract. I • 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 9 4 MIAM BEACH i ITB 4052013-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, 3rd 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 W 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. or • 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 and are members of the Florida Guaranty Fund, Certificates will indicate no modification or change in insurance shall be made without thirty (30) J days in advance notice to the certificate holder.Certificate holder must read: CITY OF MIAMI BEACH 1700 CONVENTION CENTER DRIVE rd 3 FLOOR MIAMI BEACH, FL 33139 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 arising out of the gross negligence or willful misconduct of the City of Miami Beach, its officers,. agents, and employees. f 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 4052013-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. 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 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. 1.8.1 Multiple Award Options.As deemed to be in its best interest, the City reserves the right to: 1 6 MIAMI BEACH .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 ESCALATIONIDE-ESCALATION CLAUSE: INTENTIONALLY OMMITTED. 1.12 ADDITIONS/DELETIONS OF ITEMSIPRODUCTS: 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. 1.12 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 non-responsive. 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 i this contract will require the issuance of a Purchase Order prior to delivery. Items ordered and a delivered without issuance of a Purchase Order shall be considered UNAUTHORIZED. s i 7 MIAMI BEACF-I 4 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-DADS/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 team of well-trained professionals, and must serve the public with dignity and respect.All business 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 sale judge as to parts and workmanship. 'I 's 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 i 8 MIAlvll QEAC:-1 5 _ d 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 i I'. 9 MIAMI BEACH I . I 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 Miami 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 signing 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 govem. 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 bidders expense. Bidders will be responsible for the removal of all 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) 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 i all prices shall Include standard commercial packaging, of Procurement Management to Lourdes Rodriguez, e-mail: LourdesRoddquez(a)miamibeachfl.gov or facsimile:786-394-4075. 2.8 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 I 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 Clty 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 MIAMI BEACH . i i 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 involced. 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 Clty 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, Miaml-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 l 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 i 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 bidder's expense. or cost arising from the use of such design,device,or materials in any 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 bidders 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 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 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 govem 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. i 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: LourdesRodriguez o)miamlbeachfl.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(@mlamlbeachfl.gov or facsimile 786- complies with all Applicable Laws.The bidder shall be liable for any 394-4188. The Bid title/number shall be referenced on all f 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 1 (a MIAMI BEACH ! 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 Marker 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 Clty 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. Any material conflicts between information provided by the "Related parties"means bidders or the principals thereof which have a source of supply and the information contained in the bidder's 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 the successful bidder is in force,review the successful bldder's 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 bidder's 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 bidder,in addition to price,there shall be considered the following: The bidder's bid in response to the Bid. The ability,capacity and skill of the bidder to perform the contract. Whether the bidder can perform the contract within the time specified, 2.50 REASONABLE ACCOMMODATION:In accordance with the Title II 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 I 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 a Florida Statutes,other State agencies may purchase from the resulting that they have implemented a drug free work place program. A �I contract,provided the Department of Management Services,Division of certification 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 w commodities or services certified by the Division to the other State placed on the convicted contractor list following a conviction for public agencies at the agencies'option. entity crimes may not submit a bid on a contract to provide any goods t 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 C.P. MIAMI BEACH fi r 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 MODIFICATIONNVITHDRAWALS 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 RafaelGranado(@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 2486 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 Clty ' 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 until 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 i 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 r 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 tirne,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 j 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 i 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, r 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 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 99 MIAMI BEACH j i I ITB 405-2013•LR DOGIPOT JUNIOR BAG DISPENSER AND BIODEGRADABLE DOGIPOT LITTER PICKUP BAGS 3.0 MINIMUM REQUIREMENTS&TECHNICAL SPECIFICATION i i 3.1 SPECIFICATIONS: Aluminum DogiPot®Junior Bag Dispenser**NO SUBSTITUTION**to include: • 4'8'Poly Composite Square Telescopic DogiPot®post A 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 w 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 i� 1 14 p n 0 MIAMI BEACH y E 4 APPENDIX A Froposal Cer uuestionnaire & Requirements Aff*ldav*lt I A/V� B EA�,n 0 DEPARTMENT OF PROCUREMENT MANAGEMENT 1700 Convention Center Drive Miami Beach, Florida 33139 305-673 77490 q u I . I 3 1 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 requirrements, as stipulated in the-solicitation, may be evaluated. 'This Proposal Certification, Questionnaire and Requif-ements Affidavit Form -is a--REQUIRED FORM that must be submitted fully compieted and.executed. 1.-Ge,neraWroposer Information. f IRM NAME: . Z W v�,� sin-L -Go 2-ei#-o WC&k vs� No of Years in Business: J No of Years in Business Locally: OTHER VAME�S)BIDDER HAS OPERATED.UNDER IN.THE LAST 10 YEARS: FIRM PRIMARY ADDRESS(HEADQUARTERS): i IZ3 to W 0.C4-L— WqV 10Z 5CAW i C 4-z(d. -CITY: STATE: TELEPHONE NO.: 900 TOLL FREE NO.: FAX NO.: 'FIRM LOCAL ADDRESS: i CITY: STATE: PRIMARY ACCOUNT REPRESENTATIVE-FOR THIS'ENGAGEMENT: Vy� 1 LI L ft S ACCOUNT-REP TELEPHONE NO.: goo -I Z S-6 ; � 3 ACCOUNT-REP TOLL-FREE NO.: ��� � �l r 7e S 6 _ ACCOUNT REP Ei1lIAIl_: \�-2 (9� 2 � S I've 2�o uV C 5�2 U 0 0 vv� -FEDERAL TAX IDENTIFICATION-NO.: -The City reserves the rightto.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!c-o1ract=raquirements. I 1 19 MIAMI BEACH APPENDIX; -2. Miami-Beach-Based_(Local)Vendor.-ls-proposer-a Miami Beach-based'firm? [� YES J�NO -SUBMITTAL -REQUIREMENT: Proposers claiming Miami -Beach based vendor status shall submit a business tax receipt issued-by4he=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.Is roposer-a veteran owned-business? YES 0 SUBMITTAL REQUIREMENT: :Proposers claiming veteran owned business status shall submit a certification issued by the`State of-Flodda 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 l -firm is not currently registered at'D&B,contact-D&,B at 1-800-234-3867 to register your company. SUB MITTAL REQUIREMENT: Proposer shall submit Dun&-Bradstreet-Duns-Number '(D!U=N°S-#): C o 5. -Litigation History.•Proposer shall submit a statement of any litigation-or regulatory action that has been filed against your firms) in the,lastfive.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 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 MAM!BEACF-1 2 APPENDIX A i a S i -6. °References & .Past Performance. -Proposer shall submit at least three !(3) references -.for whom the proposerbas completed work similar in size and nature as the work_referenced in-solicitation.A minimum-of three-(3):references are required. SUBMITTAL'REQUIRFEMENT: 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=Provlded. 7. -Suspension, -Debarment or Contract-Cancellation. -Has proposer,-ever been debarred, suspended or convicted of a public entity-crime, or had a contract canceled-due Ito,non-performance-by any public-sector agency? YES NO SUBMITTAL REQUIREMENT: If answer to above is°YES,"-Proposer shall submit a statement detailing the -reasons that led to action(s). 8. Vendor Campaign Contributions. Proposers are expected to be or-become -familiar with, the City's -Campaign Finance Reform laws, as-codified in-Sections�24.87 through-2-490 of the City Code. Proposers -shall-be solely responsible for ensuring that all applicable provisions of the City's,Cam paig n-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 10-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 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.miamibeachfi.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,-201.2), the hourly living rate will�be,$11.28/hr with health benefits,and-$-12.92/hr without benefits. i 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. -Lauderdale, issued-by the U.S.lDepartment of.Labor's-Bureau of Labor Statistics. Notwithstanding the � .preceding, no annual index-shall exceed=three-percent(3%). The City may also, by resolution, elect not to MIAMIBE CH T 3 i 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.miamibeachfi.gov/procurement/. r 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, s (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/procurement/. i �I �I 9 MIAMI BEACH � 4 APPENDIX A a Please indicate indicate-number-of full-time-employees: Select-One... 'Proposer provides equal benefits to its employees with domestic V partners and will -do so, in accordance with the Equal Benefits ' Ordinance,-throughout-the term of any resulting-contract. SUBMITTAL REQUIREMENT:'Declaration: Nondiscrimination in contracts-and -benefits FORM with-supporting documentation as required per the,form.The form is available at http://www.miamibeachf.,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-da.s of award of any resulting contract. SUBMITTAL REQUIREMENT: Substantial Compliance form. The form is available at http://www.miamibeachfl.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 foram is available at http://www.miamibeachf.gov/procurement/ MIANAIBEACH -5 APPENDIX•A 1 t 1 . . . 110N tf A 0116N RT VIC 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. I 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 and all Proposers will be bound only as, if and when a Proposal (or Proposals), as same may be modified, and the applicable definitive agreements pertaining thereto, are approved and executed by the parties, and then only pursuant to the terms of the definitive agreements executed among the parties.Any response to this solicitation may be accepted or rejected by the City for any reason, or for no reason,without any resultant liability to the City. MIAMI BEACH .j 4 6 APPENDIX A J t J i The,City is governed by the Government-in-be-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 I Proposal, the Proposer acknowledges and agrees that the City has the right to make any inquiry or investigation it i deems appropriate to substantiate or-supplement information-contained in the Proposal, and authorizes the-release ' to the City of any and all information sought in such inquiry or investigation.'Each Proposer-certifies that the information contained in the-Proposal is true, accurate and complete, to-the-best of its knowledge, information, and belief. Notwithstanding the-foregoing or anything-contained in the 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 actionor 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 l 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=Disclairer 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-Flodda. ..® 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 lTB and failure to comply will-result in disqualification of.proposal-submitted; I Proposer has not divulged, discussed, or compared the proposal with other Proposers and has not colluded with ! any other-proposer or.parh/to any other.proposal;-proposer acknowledges that all information contained herein is .part of the public domain as defined by the State of'Florida Sunshine and Public Records Laws; all responses, data and information .contained in this proposal, inclusive of the Proposal -Certification, Questionnaire and Requirements Affidavit are true and accurate. Name of Proposer's Authorized Representative: Title of Prcposer's Authorized Representative: M\C I ->�.\-- P - 6;r l z P-6 V 1 G_ e Ks_iD•eiv-1 w C) 6:131 C. Sign o poser's Authorized Representative: Date: /2, l State of R6QR19A n400ia -On this ILday of 2g�f personally y a eared-befor -me MW"- Gi/"Wh PA County of ) stated that (Sine s the_ I ' Lf 2 W W IJ9�9 a corporation, and that the'" strument was signed in behalf of the- aid corporation by authority of its board of directors and acknowledged said irtstniment to be its voluntary act a :d.:Before me- (374 M.°COIVNER t ryr Fublic'for the State of Commission# 193579.5:'ems,...:. ... Z Commission Expires: l a= Notary Public -California D a z t• !.'� San Diego county My Comm.Expires May 9,20 i 5 7 e APPENDIX n 1 APPENDIX B • 9 ewpa.apYq l M1A�,A1BEACF1 DEPARTMENT OF PROCUREMENT MANAGEMENT 1700 Convention Center Drive Miami Beach, Florida 33139 305-673-7490 i i i i i ,f MIAMI i3EAC:H APPENDIX P—Cost Proposal �f G - f i Item Description _ QTY UOM Unit Price Total 1 Poly Aluminum DogiPot®Junior Bag Dispenser—".OR 40 =Each APPROVED--EQUAL". -Price-to be inclusive of shipping,°FOB f .destination. iY 0" UO Grand. Model: 5s U (& $ ( $ 0 _ rn ' 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: 2-e" WG Jy 0S 6 �, i Model: -Ss�6 00A — 3 0 $ J-110 GRAND TOTAL $ C7 ACKNOV&EDGEMENT OF ADDENDA Irl accordance wkh-Genera]Condition 2.36,it is the.biddWs responsibility to •• each and;6vdry addenda issued a •e• • ••o• • •-o • •o .•o° •. • e edge: e e a evvr.y addet-01 may disqualify e • Addenda1 p0 - Addenda 5 Addenda 9 � Addenda2 � Addendal Addenda 10 At Addenda 3 �/ _ Addenda 7 A� Addenda 91- Addenda 4 Addenda 8 � Addenda 1 � 1 1 d ij 0 MIAMI-BEACH APPENDIX 8—Cost Proposal Zemo V j m v� lL1T ' i 12316 World'Trade-Drive,#102 'San ID.e go,-California 93128 � T=800.7M2563 800.789.6-619 Pet Waste Solutions' www.zerowrasteusa.com Delivery Times from Zero Waste Upon receiving orders from the City of Miami Beath, Zero Waste will deliver product within 7 working-days -from the day -of the order. All prices INCLUDE delivery a's per the instructions. I ° 123 World Trade Drive 4102 San Diego,-California 921-28 T 800.789.253 7 � 1/ 1/ T S ,xc-o m F 800.789.6619 Pet Waste Solutions www.zerowasteusa:corn SUBSTITUTION SPECIFICATION XCLARATION We have sub-stituted-product of equal or higher specifications for this bid. RAGS Same Size: g x 13" Same Roll count 200 bags Same 30 rolls per case = 6000 bags Exact Fit for DOGIPOT Junior Dispenser Oxo-Biodegradable Opaque Our bags a-re thicker .9 mil vs. .7 mil D04GIPOT brand bags DISPENSE-R Our dispenser is made of commercial grade, powder coated ALUMINUM vs. the aStjC DOGIPOT Junior Dispenser. Our dispenser fits our bags and all DOGIPOT roll bags. Our dispenser has 3 openings and holds 1000 bags (S rolls) vs. the DOGIPOT Junior Dispenser which has 2 openings and holds only-600 bags. POST Our square telescoping post is powder coat-ed,..galvanized steel, vs. the fiber/plastic DOGIPOT tel-esrco.ping post. Our post'is much stronger and will last much longer. �J� .v.,y�G. p;d•3� � +�'���'�fs.,�a6 m,,n"a�' Y� 4i\{s .ax`�a��x� .��•'y3 �,���x. i � .a �,aK� v�� b ,.(��"4, i as a' S �� �5x k'�tyz���]by•M�G9� L� «sz ( y, S{{s y�F Y`�. r�-.., ��''tffia4 3° �+ _ '°,: 3 - C ,^^✓,p - s• a •�srs>� hr;_.-�, s,Y'" `3' .,,.,x-r.' r .V - i 'x'y;°�•!.' ,` ., t \ Y r ;x R 0� � S V •\it ITEM#:JJB009-30 Roll Bags CASE of 6000 BAGS 30 ROLLS of 200 bags Standard size, 100% Oxo-Biodegradable, dog waste bags on a roll. Black opaque, perforated between each bag. THIS IS THE.B I G, Thirty(30)Roll Case 200-per boxed roil, 30 rolls per case=6,000 bags per case. COMMERCIAL GRADE ! EXTRA STRONG and THICK! OUR ROLL BAGS ARE GUARANTEED TO FIT ANY ROLL BAG DISPENSER! Bag Size:8"x 13" Roll Size:2.5"x 8" Box of 200 Dimension:3"x 3"x 8-1/2 Bag Thickness: 0.9 mil 20 microns -Case Pack:6000 bags.(30 rolls of 200 per roll) Case Weight:39 ibs 42 cases-per pallet Item:JJB009-30 Roll Bags. Case of 6000-bags. Black opaque bags,made so you can't see thru! For use in JJ8010 Roll Bay Dispenser PRICIE PER CASE DELIVERED -$99.00 Zero Waste USA 12316 World Trade-Drive #102 San=Diego, CA 92128 r DISPENSER AND PO ° ROLL BAG SYSTEM i 'Roll.bag Dispenser, aluminum:powder coated 1 TwIes-coping 4'.:8"square-steel post, powder coated 2'Rolls-of-®kO-Bio dog waste-'bags,,200 count per roll =400 bags 1 Mounting-hardware.pack with-bolts, nuts, washers and-lock washers for assembly 2 Keys for dispenser locking front panel please clean Up after your dog -o PRI-CE9 $ ®8 JJB206-MB IN t� Zero waste USA 0 12316 world Trade-Drive, Suite 102 Sari Diego, CA 92128 i 12316 World Trade Drive,#1.02 ve a San Diego,.California 92128 T 800.789.2563 _er ST(?usxc,om f 800.789.6619 Pet Waste Solutions" www.zerowasteusa.-corn Zero Waste USA Zero Waste USA is proud t-o submit ou.r bid to t-he-City-of Miami Beach for Dog Waste Bags, and -Bag Dispensers with -Posts. Zero Waste USA is the Leader in Dag Waste -products supplying -hund-reds-of cities, MuIti-family:p-roperties, airports, vet-c-li-nics, a!nd many other properties across the USA. We are dedicated-to helping to keep the environment clean and g-Teen! Zero Waste will-comply with all the rules-of the City-=of Miami .Beacch. "The Code of-Ethics" -,Zer-o Waste--has read the "Code-of Ethics". Zero Waste USA will adopt the Code of Ethics and adhere to all the requirements. Th M tha a' s Vice-President -Zero Waste USA 1231-6 World Trade-Drive, #1-02 9 San Diego,<alifornia 9128 is V T 800.789:25,63 w...aSTeusxcom f 800.78906619 ®. 89.6619 Pet Waste Solutions' www.zerowasteusa.com TAB 2: A-PP:END I X-B COST PROPOSAL i ITB IN0405-2-D-13 Submitted by ZW USA INC dba Zero Waste USA 1T�MS:-DOG itVASTf`-BAGS and DISPENSERS Bid Date : September- 0 0 12316 World Trade Drive,,-#102 �:' q San Diego,­Cal Korn!a 921.28 W�a STe usx.co m T 800.78%25-63 477, ro. F 800.789.6619 Pet Waste Solutions' www.Zerowas-,teu-sa.com ,r4*"%--,cI'TY O N-ORT-H MIAMI PURCHASING DATE: 1.8 September 2013 BID # ITE NO 405-2013 We are pleased to submit V-ve attached -BID With Appe-ndix and Appendix B and all supporting___,___ -document-s, notarized statement and requirements, Per Addenda 3, we are -respectfully submitting ..items of equal or greater specification per the enclosed samples Thank you, i 12316'World-Tra-de Drive,-*102 � vq -San-Diego,mCalifornia 92138 T 800.789.25,63 re W- �aSTeusxmm F 800.789.6619 Pet Waste Solutions www.a-erowas-teusa°eom Atipe n.d i x A: P r-opo s.a I ,Ce rt if ic at i-o n,--Qu a stiO n n a i re, -Raquireme�nts, A��idavit, and��u-p�porti�:��loo�or�ents. 1 0 i ZERO WASTE USA 12346 world grade Drive 41.02 San Diego, California 9�2-1-28 EMPLOYEE MANUAL The primary -goal of the Company is to ..earn maximum -profits while providing -superior customer service and products, within a'-challenging and rewarding work environment for all Employees. At all times, all Employees are to -conduct them-selves professionally and show respect and courtesy to other=employees, customers and vendors. We do not discriminate against any -employee based on, age, race, sex; sexual orientation, gender identity, marital status, disability, AIDS/FHV or weight, color, creed, religion, national origin, ancestry, height. 1)-Employees may not use the-Company's-equipment, supplies, telephones, computers, contacts, customer lists or -any other confidential information of the Company for their own personal gain or personal use at any time. 2) SMOKING is NOT-permitted at any time in the building. 3) Employees may not bring any personal equipment; radios, tvs, dvds or other non-company materials to the building. Music may be played in the warehouse provided it cannot be heard in the office and provided it does not distract other employees from performing their duties or compromising safety. Radios and headphones may NOT be used by .office staff. 4) Employees may not use the building after standard work hours without permission of the GM. 5) The -Company has a ZERO TOLERANCE policy -concerning alcohol, sexual harassment, substance, drug or alcohol use, or intoxication while at work and any violation will result in immediate termination without warning. I 6)=Employees are-r-equired to park in-spaces designated by the GM. 7) Employees must inform the GM any time the -employee leaves the ,-building, including for lunch. -8) Use of-Personal Cell phones is not permitted during work hours and must Temain in the OFF position until lunch or until the -end ,of the day. In an emergency -family or --friends may telephone the office ':to reach you. An emergency would be defined as a personal =call that if not made to the Employee -or by the Employee during business hours would result in bodily harm, serious health -complications or was -a matter of life or death. Otherwise, all such personal all should be made before/after work, or during the Employee's lunch hour. 9)Employees may not have any personal visitors to the building, unless they are meeting for lunch or to provide a ride to/from work and all visitors must report to the front office for pick-up. All employees must exit thru the front office door for any pick-ups. 1-0) Swearing,or-foul language is not permitted. 11)Equipment must at all times be _treated and operated properly and safely and any abuse of-equipment will be grounds for termination. 12) Company Policies may be change as business conditions require. 13) VACATION/PERSONAL/SICK DAYS a) Each 6 months of full time employment each employee is awarded 5 PAID personal/vacation days, which must be used up within the 6 month -period. If not used within the 6 months, the Employee will be PAID for the unused vacation days at the end of that 6 month period. b) .After 3 full years of full time employment the Employee is awarded 8 vacation/personal days every 6 months, for a total of 1.6 personaUvacation days each 12 r-rr-ionthTeriod. Any -unused-days will be-paid-at-the-end-of.-each period. i c) All vacation days must be approved in advance by the GM. Employees will provide -a minimum of 5 days -notice for 1-3 -day absences, and 7 days for4+ day absences. d)For the purpose of calculating dates, the 1s' of the m-onth of the-first full calendar month of-employment will be used as the starting=date. 1-4) PAID HOLIDAYS FOR FULL-TI-ME EMPLOYEES ARE: Christmas Day New Years Day 1/2 Day Christmas Eve 1/2 Day New Years Eve Memorial Day Labor Day July 4t' Thanksgiving Day Day After Thanksgiving 15) If an Employee cannot attend work, it is the responsibility of the Employee to telephone or text the GM-60 minutes or more prior to the start of the work-day-or-as soon as the--employee knows they cannot attend work. Unreported absences from work will be-grounds for termination. 16) If an Employee is going to be late for the designated work start time, the Employee must telephone/text 30 minutes before to the GM and report the late arrival. Reliability -and promptness is required of all employees. Multiple late arrivals will be-grounds for termination. 17) Employees may purchase company products for their personal use only. Employees may NOT resell-any products purchased from the Company. 18) Any Employee in possession -of Company products without a valid receipt for having purchased those products from the -Company will be terminated. 19) Employees are eligible-for Company benefits after completing 1'0 .days of probationary full time employment. Part time employees are not eligible -for any benefits. Benefits are defi-ned as paid-holidays, company health plan and bonuses. i 20) The --Company will maintain a comfortable wiark environment and temperatures will be determined -and set .by the GM. Employees may not alter the-set.-temperatures of heaters or air-conditioners. 21) 'Employees are responsible for locking and securing ALL doors and setting alarms if they are the last one-to leave'the building. 22) The business is open-every-day. It is the responsibility-of each Employee to determine if they can report to work or not regardless of the weather, road conditions or other-factors. 23) Employees may not bring any pets or animals into the building without permission of the GM. 24) Employee may NOT accept any .gifts of any kind from customers, suppliers or vendors, such as tickets, food,-vouchers, cash, trips or the like. 25) Employees are responsible for reporting on time--to work. That means arriving early and being ready to begin working by the designated time. Arriving at the designated time would-be considered "late". 26) The designated time-for lunch is one hour. Employees are encouraged to go out for lunch,-however they can remain in-the building provided they do not disturb other employees who may-be still working. All food trash must be put into the dumpster or the trash can with lid designated for 'food' after lunch and may not be 1-eft in office or warehouse trash cans to prevent flies or other insects. 27) Computers: Employees may use the Company's computers ONLY for Company business. They may not download or save any personal programs, files, PDFs, or "'surf' or "shop' any websites not related-to our pet waste business. They may not send or -receive personal emails, tweets, gmail, ichat, IMs and they may not -give out their company email address for personal emails. By -focusing on growing the Business each employee is contributing to his/her own job security and income potential :as well-as.-other er-r�ployees -and the-overall goal of the Business. 28) .Employees will be courteous and polite when speaking to other employees, vendors and customers and act in the most polite manner possible to reflect positively on themselves and the.Company. 29) ,Employees may 'be required to perform a ..range of other =duties, in addition to their owe regular-duties, as business-conditions-require. 30) If any employee uses his/her car for -company business, they will be reimbursed for miles at the published national .rate .per mile. All tolls and parking will be reimbursed at the actual amount. Employees are required to submit receipts for all reimbursements. The Company shall not be responsible for any accidents, traffic or parking tickets. 31) Employees shall work diligently and continually throughout the work, taking br=eaks as required, day and focus on the business of the Company at all .times. 32) Employees shall bring to the attention of the GM any unsafe work :conditions, any harassment of any kind from other-employees, and any other work=conditions whieh the Employee believes violates Company policy. 3 3) HEALTH BENEFITS After 120 days of continuous full-time employment, an Employee is eligible for the Company offered health plan as follows: a) The Company will pay ,80% (eighty percent) of the cost of a single person plan. The 20% cost will be deducted from the Employees gross salary. b) If the Employee is covered by a-spouse's or partners plan and waives coverage, the Company will reimburse the Employee 5)0% (f fty percent) of the health care single plan-cost. c) If the Employee chooses-to include dependents, partners or a spouse under the plan, the full additional cost for spouse, partner and/or dependents above the -single person-cost will be deducted from gross -salary. A11 eligible dales will start with the next l st =of-the Month f-or calculating enrollment or reimbursement. 34) LOANS The "Company will not loan or-advance any employee wages, bonuses or other compensation. Employees are not permitted to loan or advance other employees any wages, bonuses or other compensation. '35) INJURY, ILLNESS,-RESTRICTIONS: If an Employee is injured or ill or otherwise unable to full perform his/her job description duties, then the Company will have the OPTION of finding work that the employee is capable of performing OR the Company can decide to send the Employee home without further payment until such time as the Employee presents a medical doctors note indicating that the Employee can-T-eturn to normal duties without any restrictions. "-Light duty" "Part-time" or "restricted" conditions-on a-,loctor'-s note-would NOT qualify the employee-to-return to work. The Company may or may not hold an Employee's position open-during the period that the Employee is unable to FULLY perform his/her job duties. 36) BONUSES: An Employee will be eligible for any Bonus starting with their 4th month of full time employment. 3 7) PRIVACY Employees shall -not discuss their -own -compensation with any other .Employees. Employees shall not discuss with anyone the Company's financial or proprietary information such-as ilSr-oss Sales,Margins,Names_of Vendors, Customers, or information about other Employees,.past or present. Any-requests;for-such information shall be directed to the GM. The Company shall not provide :information to any -outside party on any Employee other than to confirm -employment -status and dates of employments August 2013 VENDOR INFORMATION ZW USA INC dba ZERO WASTE USA send all payments and correspondence too 12316 World Trade Drive # 102 San Diego, CA 92128 Tel: 800.789.2563 Fax: 800.789.6619 Email: tony @zerowasteusa.com CA sellers permit# SRFH 1017091-57 FED ID # 274523962 CA Corporation SIC: 5000 Distributor Pet Waste Stations and Bags D&B 4 968097506 CONTACT: Anthony Gilas,President 800 789 2563 BAND: Wells Fargo account# 8557276691 4 S Ranch Branch Camino Del Norte 'San Diego, CA 92127 858-627-6980 Accounts payable/receivable Contact: Laurie Cote laurie owa.steusaxom 800 789 2563 ]Business Liability Insurance: NOTE: We do NOT perform any on-site services.We are-strictly a supplier of pet waste products. If you require to be named on our policy-as-an"additional insured"there is a $100 fee charred by our-carrier for this endorsement. A P"PP-'L::N D I.X A -Proposal -Cer t'if'l-Gation , Questionnaire Requirements t.. [%A. I A/\/k BEAC�-�� DEPARTMENT DF PROCUREMENT MANAG-WENT 1700-Convention Center Drive Miami Beach,floricla 33139 305­673-7490 ]MI AM H CITY OF MIAMI BEACH DECLARATION: NONDISCRIMINATION INCONTRACTS AND BENEFIT Section 1.Vendor Information Name of Company:2-f-Mvw A.5 ft Name of Company ContactPerson: Mi CY4-,e�4., _61 #f go-v -1-91 -6 611 Phone Number: !�7 ZS�Fax Number: E-mail: A)xe,[�_�✓� ����% "-S'Off- �c9V Vendor Number(if known): Federal ID or Social Security Number: C 39 b b Approximate Number of Employees in the U.S.: If 50 or less;skip to Section 4,date and sign) Are any of your•employees covered by a collective bargaining agreement or union trust fund? Yes�Ao Union name(s): Section 2.Compliance Questions Question 1.Nondiscrimination -Protected Classes A. Does your company agree to not discriminate against your employees, applicants for employment, employees of the City, or members of the public on the basis of the fact or perception of a person's membership in the categories listed below? Please note: a "YEST answer means your company agrees it will not discriminate; a "NO' answer means your company refuses to agree that it will not discriminate. Please answer yes or no to each category. VY ❑ Race ✓es_No ❑ Sex es_No C1 Color ��les No Fi Sexuai orientation es o No ❑ Creed ✓Yes No r_7-Gender identity(transgender status) _ es_No C1 Religion ✓Yes No C] Domestic partner status ties No ,❑ National origin Oes o No ❑ Marital status _ es No ❑Ancestry P_Yes a No G Disability m No U Age ✓des_No J AIDS/HIV status _ es—No ❑-Height "'Yes m No ❑Weight _Yes—No R-Does your company agree to insert a similar nondiscrimination provision in any subcontract you enter into for the performance of a substantial portion of the contract you have with the City? Please note: you must answer this question even if you do not intend to enter into any -subcontracts.✓-Yes_No Question 2. Nondiscrimination o Equal Benefits for Employees with-Spouses and-Employees with -Domestic Partners Questions 2A and-2B should be answered YES even'if your employees must-pay some or all of the cost of spousal or domestic-partner benefits. A. Does your company provide or offer access to any-benefits to employees with spouses or to spouses of employees? Xes No B. Does your company provide or offer access to any benefits to employees with(same ordpposite sex)domestic-partners`or to domestic partners of employees? Yes No *The term -Domestic Partner shall mean any two (2) adults of the same or different sex, who have registered as domestic partners with a government body pursuant to state or local law authorizing such registration, or with an internal registry maintained by the-employer of at least one of the domestic partners. A Contractor may institute an internal registry to allow for the provision of equal benefits to memployees with domestic partner 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 you answered"NO"to both Questions 2A and 28, go to Section 4-(at the bottom of this.page), complete and sign the form,filling in all items requested. If you answered "YES"-to either or both Questions-2A and 28, please continue to Question 2C below. --C. Please-check all benefits that.apply_to your answers above and list in the "other" section any additional benefits not already specified. -Note: some benefits are provided to-employees because-tthey-have a spouse or domestic partner, such as bereavement leave; other benefits are provided-directly to the spouse or domestic partner, such as medical insurance. BENEFIT Yes for Yes for Employees No,this Documentation of Employees with Domestic Benefit is Not this Benefit is with Spouses Partners Offered Submitted with this Form Health ❑ �9 Dental ❑ ❑ ❑ Vision ❑ ❑ ❑ Retirement o ❑ I �' ❑ (Pension,401(k), etc.) Bereavement ❑ Family Leave ❑ rp� Parental Leave ❑ y� Employee ❑ ❑ ❑ Assistance Program . Relocation&Travel Company Discount, '❑ Facilities&Events Credit Union ❑ .❑ 29 ❑ Child Care ❑ ❑ ❑ Other: A/JA ❑ ❑ ❑ ❑ Note: If you can not offer a benefit in a nondiscriminatory manner because of reasons outside your control, (e.g.,there are no insurance providers in your.aFea willing to offer domestic partner=verage) you may be eligible for Reasonable Measures compliance. To comply on this basis,you must agree to pay a cash equivalent, submit a completed Reasonable Measures Application with all necessary attachments,and have your application approved by he City Manager,or his designee. Section 3.Required Documentation YOU MUST SUBMIT SUPPORTWG DOCUMENTATION to verify-each benefit marked in Question .2C. Without proper.documentation, your company cannot be certified as complying with the City's Equal Benefits Requirement for-Domestic Partner Ordinance. For example, to document medical insurance submit a statement from your insurance provider or a co of the ° ° il° sectio C� plan document;to document leave programs, submit a copy of yZt orn an s em to ee handbook. If documentation for a particular-benefit does not exist,attach an ation. rA 6(1vv Have you submitted supporting documentation for each benefit offered? Ye _No 5 o i y _ X11 Section 4.Executing the Document I declare under penalty of penury under the laws of the State of Florida that the foregoing is true and correct,and that I am authorized to bind this entity contractually. Executed this day of , in the year ,at Ste"`D W V ° C,+ (City) (State) 123)-6 W040 ?AMY• Signatures a Mailing Address Name of Signatory(please print) -City,State,,Zip Code -Title 1-231'6 World Trade.Drive,4102 San Diego,°California.92128 ?e�' !�' `�° STeusxtom T 800.789.263 F 800.789.6619 Pet Waste Solutions" www.zerowasteusaxom ZW USA.INC ZERO WASTE USA REFERENCES City of Austin Contact: Donna-Lee-Bliss Phone:-51-2-974-2530 don na-le.e.bliss.@ austintexas:gov -550 Barton Springs-Road #12`00 Austin, TX 78704 Ci-ty.of Albuquerque -Contact: Ted Chaves, Purchasing ?ho n.e:--5 0 5-8°5 7-8 6 6 9 Fax: '505=857-8641 ted-chavez @cabq.gov 5501 Pin-ot NE -Bldg C .Alb.uqu.erque, NM 87109 City of Sarasota Contact: Katheryn Wilt Phone:941�690-2141 kwilt!2scgov.net 1001 Sarasota Center Boulevard Sarasota, FL 34240 • • 1.231;6 World Trade.Drive,41,02 San`Qiego, California-92128 �{ T 8-00.789.2563 usxcotl'1 F-800.789.6619 Pet Waste Solutions" www.zerowasteusa.com ZW USA INC _Zero Waste USA LITIGATION There is an incomplete, counter-claim, nuisance lawsuit that has been filed against ZW USA INC by a former re-seller-of ZW products after .ZW USA INC filed suit against that re-seller for.-failure-to pay invoices amountinglto$ZO,�=.+ ZW USA INC and its legal firm believe the claim is without merit and will not prevail. The lawsuit has been dismissed on-ce by the Judge in a 6-page admonishment ruling. The Court has allowed;the Party to amend and refile, but Zero Waste believes that a-ny re-filing will be dismissed,-this time with prejudi-ce, by-the-Cou.t. There have been no other litigations, actual or--threatened against Zero Waste USA. The principal owners of-Zero Waste USA have never had a lawsuit filed against' any previous company they have owned since they started their business careers in 1981. The current litigation is the only one, and the Company believes it has no merit and will not prevail. Thank you. i AC®RKY CERTIFICATE OF .LIABILITY INSURANCE DATE 112013 Y, �...-� 09/31/2013 THIS-CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND,CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND._EXTEND-OR ALTER THE-COVERAGE AFFORDED BY THE- POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT'CONSTITUT•E A,CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE-CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION"IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). —PROOUCER Phone: (858)350-0555 Fax:(858)350-066 -CONTACT K T-L-Business Insurance Services,Inc. K T L BUSINESS INSURANCE SERVICES,INC. 322 8TH STREET SUITE a�101 ,PHONE, tL_(. 8�350.0555 A'� (858)350-0556 DEL MAW CA 92014 ;E-WIL ......................... _ INSURER(S)AFFORDING-COVERAGE NAIC 0 Agency Lich[:CA tF OD8660i INSURERA :Travelers Indemnity oUConnecticut 25682 .._._.._............ __... _ —___.._._.._. _. -_........... _ ZERO WASTE USA INsum e :Travelers Property Casuatity Co of America 25674 DBAZW-USA,INC.,DOGWASTE-BAGS.COM'BOW WOW WASTE INSUReRC :Twin City Fire Insurance -29459 12316 WORLD TRADE OR N 102 SAN DIEGO CA 92128 INSURER D: INSURER E INSURER f COVERAGES CERTIFICATE NUMBER.: 51794 REVISION NUMBER: THIS IS TO°CERTIFY THAT THE POLICIES OF INSURANCE LISTED.-BELOW HAVE.BEEN ISSUED TO THE INSURED NAMED ABOVE,FOR-THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, :EXCLUSIONS AND-CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS:, INSR TYPE OF INSURANCE ADC L SUSRI POLICY EFF " POUCY-EXP POLICY NI;MBER UMITS .175.._.—._ —.._,___..._.-.._..__..__...,..._.., 'EI ..-----.—•--.------._......___.._._..__..__ _lAdldloDlrlr.L.YJ..- _..{tlBd[ODtYY1LYl_...........,....._..._............—........__._ _...._.___. A GENERAL LIABILITY 6802C335027 09/14/13 09/14/14 EACH OCCURRE NCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY t QNMAGE lk� - $ 300,000 —_....—, ! PREtrttSl=S{F�e_o!xuraioo} CLAIMS-MADE OCCUR i __._ MED.EXP{Any one person) i_ 5,000 IPERSONAL 6 ADV INJURY $ - N1.000,000 Z6 ERAL AGGREGATE _^ 2,00,000 •GEITL AGGREGATE•UMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ Y2,00000 POLICY � !PRO- —+ LOC _._...._..._._—_--_.._...._,..._ __ ._.._.._.._...__...-- ...................._.... .=_..4_,IEGT.._...._ _.,...----_ AUTOMOBILE 'LABIUT1r COM11INEDSINGLELIt�T _.._..,_—______..._.......-- A _ } 68020335027 09114!13 09/14/14 (F-6 ) _ $ 1,000,000 ANY AUTO BODILY INJURY(Per person) ALL OWNED SCHEDULED AUTOS =t'AUTOS tiNED � BODILY INJURY(Per accident) $ X HIRED AUTOS X AUTOS g XV�UMBRELLA LIAe OCCUR CUP.2C335390 09114113 09/141141 €EACH OCCURRENCE 6,000;000 1..::.......:.............._.................. :_._.: - F EXCESS u s ,CLAIMS-MADE AGGREGATE E� 61000,000 I DED �RETENTIOfV$ $ WORKERS COMPENSATION A: (5T,-H- AND _ _C T2WECVV4595 03101!13 03/01114 ToRY_cuw rs 1 (R, $ EMPLOYERS' UABILRY ANY PROPRIETORIPARTNERIEXECUTIVE VIM E.L.EACH ACCIDENT $ 1,000,000 OFFICERIMEMSER EXCLUGE04 --..._._..._........._ ....._...._— {Mandatory In NN) - MIA E.L.DISEASE-EA EMPLOYEE $ 1,000,000 u yep,d�16s -E.L.DISEASE-POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS bslow� -I __._........0 - 9ESCRIPTION OF OPERATIONS f LOCATIONS/VEHICLES(Attach ACORD 101,Additional Remark- Schedule,If more space is required) ADDITIONAL.INSURED WITH RESPECTS TO GENERAL LIABILITY AS PER ATTACHED ENDORSEMENT AND POLICY FORM.10-DAY NOTICE OF CANCELLATION GIVEN-=OR NON-PAYMENT OF PREMIUM. -CERTIFICATE HOLDER CANCELLATION CITY-Of MIAMI BEACH SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANMLL-ED BEFORE 1700 Convention-Center Drive THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 3rd Floor ACCORDANCE WITHTHE POLICY PROVISIONS. Miami Beach,FL 33139 _._.._..___._.__.__ AUT}iORUEe REPRESENTATIVE Attention: 866404.5354 _ Kevin ievine A--CORD 25-(2010105) 198&2010 ACORD_CORPORATION. All rights reserved. The ACORD name and logo are-registered marks ofACORD I ZEROWASTE USA W-9 FORM 2 013 F.-n WM9 Request-for Taxpayer - .C%We4wm to the (Rev.-October 2M7) Ide0tification Number and Certification requester.®o not . Jeparanwt or the Treasury send to the IRS. trtwnai Pzwmue sesviee Name(as shown on your income tax return) - ® . ZW USA Inc. (a &r%inm name,if cffb a from above o ZERO WASTE USA 0 o Check appropriate-bo)c.o tndividu wSole proprietor `® Cmporaaon rJ Partnership 24 8 m i t g entity. ps.---.-- payee Exernpt e ;O orlw(see L-tswasio is Z.� Address(number,street,and apt.or suite no.) Requesters name and address(option!} 12315 World Trade Drive,#102 o City,state,and ZIP.—code 'San•Die o,CA 92123 List account number(s)here(optional) CO MEMO Taxpayer ldenWiWfion NuMber"MN) -Enter your TIN in the appropriate box.The TIN provided nnist match the name given on 11ne 1 to avoid sasW ►manber backup withholding.-For individuals,this is your social security number(SSN).However,for a resident alien,sole proprietor,or disregarded entity,-see the Part t instructions on page 3.For other entities,if is t J your-employer idea =tlon number(EJN),if you do not have a number,see How to get a T7N on page 3. or Note.if the account is in more than one name,see ethe,chart on page 4 for guidelines on whose . EmpkwkianGfication number number:to enter. 27 4523962 Oertification Under-penalties of perjury,I certify that_ 1. The number shown on this•fcrm is my correct-uDg 3mr-identification number(or i am waiting for a number to be issued to tne�and 2. lam not subject to-backup withholding hose:-(4 1 am exempt from-backup withholding,or(b)1 have not been notified by the Internal Revenue Service(IRS)-that 1 am subject to backup with milling-as a•result of a failtre•to report all interest or dividends,or.(c)-the IRS has notified me that i am no longer subject to•backup withholding.and 3. 1 am a-U.S.citizen or other U-.S.person(defned bebv4. 'Certification instructions.You must cross out'item 2-above IT you have been notified-by the iRS that you are currently subject to bacirAP withhoidng,because you have-failed to report all interest and-dividends-on your tax reha t.-For real estate transadjkm,item 2-does not.apply. -For mortgage'Uderest paid,acquisition or abandonment of-secured:property,cancellation•of debt,-coriMbutions to an individual retirement an'an9err►ent-(IRAj.and generauy,payments other dw intent and dividends,you are not required to sign the�.but you must Provide your-correct TIN.See the instructions on page 4. _ r Sign srgrrahrre of Here us.person► An-tho ny Gttaz Dace 10- 1/1/13 General Instructions •Definition of a U.S. person.For federal tax purposes,you are Section references are to the internal Revenue Code unless considered a U.S.-person if you are: otherwise noted. a An individual who is a U.S.citiuzen or-U.S.resident alien, Purpose Of'�Oii9]1 'A� •corporation,-company,or association created or organized in the United States or under the laws of the United A person who is required to f+le an infomtation return with the des, iRS must obtain your correct taxpayer identification number-CM) •An estate(other than a foreign estate),or to•report,for example,income paid to you,real estate o A domestic-trust(as defied in Regulations section transactions,mortgage interest you paid,acquisition or 301.7701-7). abandonment of secured property,cancellation of debt,or contributions you-made to an IRA. SPec4all rules for parbwrships.Partnerships that conduct a .Use form V'J-9 only trade or�business in the United States-are gerwralty required to y"you are a U.S.person(including•a .pay a withholdrn tax on ' resident alien),to provide your-correct TiN to-the person 9 �'f n.� share of income requesting rt he requester)and,when from such business.Further,in-oertain cases where a-Form W-9 eR uz9 eLt r} applicable,to: .has rot-been received.a partnership is required to presume that 1.Certify-that-the TIN you are giving is�correct•(or you are a partner is a foreign-person,and pay the withholding-tax. waiting for a number to be-issued), Therefore,if you are a U.S.person that is a-parlrw in a 2.-Certify that_you are not m4ect to-backup withholding,or partnership conducting a trade or-business in the United States, provide Form W-9 to the partnership to establish your U.S. 3.-Claim!exemption from backup withholding if you are-a-U.S. s`Latus and avoid withholding-on your share of Partnership exempt-payee.If applicable,you are also•cer6ing ttw as.a income. U.S.•Person,your allocable-share of any partnership income-fron The person who gives:Form W-9 to the partnership for a U.S.trade or-business-is not subject to-the withho4ding tax on purposes,of esfabtishing-its US.siaius.and-avoiding withholding foreign partners'share of effectively-Conn income. on As.aliocabie share of net income from the partnership Note.if a-requester gives you a form eta that]Form W-9-to conducting a trade or business in frte United States is in the request your TIN,you must use ft requester's forty,.if-it is following-cases: substantially similar to this-Form W-9. ®The U.S.owner of-p-disregarded entity and not the.entity, CaL No.10231x form W-9 (Rev.10-2007)