Dana Safety Supply Contract 2014-144 MIAM. ] ,BEACH
CITY OF MIAMI BEACH
CERTIFICATION OF CONTRACT
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TITLE: Purchase of Duty'Pistols
CONTRACT NO.: 2014-144
EFFECTIVE DATE(S): This Contract shall remain in effect for three (3) years from date of
Contract execution by the Mayor and City Clerk, and may be
renewed, at the sole discretion of the City, through its City Manager,
for two (2) additional one (1) year periods.
SUPERSEDES: N/A
CONTRACTOR(S): Dana Safety Supply
ESTIMATED ANNUAL CONTRACT AMOUNT:
A. AUTHORITY - Upon affirmative action taken by the Mayor and City Commission of the
City of Miami Beach, Florida, on May 21, 2014, 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 procure duty pistols pursuant to City Invitation
to Bid No. 2014-144 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
2014-144-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, Lourdes Rodriguez, Procurement
Coordinator, at 305-673-7000 ext. 6652.
E. INSURANCE CERTIFICATE(S)— N/A
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.
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.
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Certification of Contract
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,.
w 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.
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:
2
Certification of Contract
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:
Dana Safety Supply
1622 N.W. 82nd Avenue
Miami, Florida 33126
Attn: Bill Barnhart
Phone: 305-639-6055
E-mail: bharnhartAldss.com
L. MATERIALITY AND WAIVER OF BREACH - City and Contractor agree that each
requirement, duty, and obligation set forth in the Contract Documents is substantial and
important to the formation of this Contract and, therefore, is a material term hereof.
City's failure to enforce any provision of the Contract Documents shall not be deemed a
waiver of such provision or modification of this Contract. A waiver of any breach of a
provision of this Contract shall not be deemed a waiver of any subsequent breach and
shall not be construed to be a modification of the terms of this Contract.
M. SEVERANCE - In the event a portion of this Contract and/or the Contract Documents is
found by a court of competent jurisdiction to be invalid, the remaining provisions shall
continue to be effective unless City or Contractor elects to terminate this Contract. An
election to terminate this Contract based upon this provision shall be made within seven
(7) days after the finding by the court becomes final.
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.
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Certification of Contract
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 9 Z day of 20L--'±' , by their respective duly
authorized representatives.
CO TRACTOR . CITY OF MIAMI BEACH
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By By
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Date �ORP ORATED.
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Dana safety supply.doc
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APPROVED AS TO
'FORM & LANGUAGE
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STATE OF FLORIDA
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COUNTY OF MIAMI DADE
The foregoing instrument was acknowledged before me this 2 Lday of
2014, by WILLIAM E. BARNHART, PRESIDENT OF DANA SAFETY SUPPLY INC. who is
personally known to me or who produced drivers license as identification and
who did not take an oath.
Signa ure o Verson taking acknowledgment
Marlene Leon-Rubido *:P ,Printed Name, ;:e MARLENE LEOiV-RUBID0-'*� MY COMMISSION#EE 152391
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COMMISSION ITEM SUMMARY
Condensed Title:
Request For Approval To Award A Contract Pursuant To Invitation To Bid(ITB)No. 2014-144-LR For
The Purchase of Sniper Rifles, Du Pistols and Related Accessories.
Key Intended Outcome Supported:
N/A
Supporting Data(Surveys, Environmental Scan, etc.): N/A
Issue:
Shall the City Commission approve the award of Contract?
Item Summa /Recommendation:
The purpose of Invitation to Bid (ITB) No. 2014-144-LR is to establish a contract, by means of sealed
bids,with qualified firm(s)for the purchase of sniper rifies,duty pistols and related accessories for the
Department of Police.
Invitation to Bid(ITB)2014-144-LR was issued on March 7,2014. On March 27,2014,five(5)bids were
received in response to the ITB. The bids from Dana Safety Supply,Lou's Police Distributors, Inc., Mile
High Shooting Accessories, EuroCoptic LTD, and SRT Supply Inc.,were responsive.
RECOMMENDATION
After review of responses received,it is recommended that the lowest responsive,responsible bidder ror
each group be awarded the contract:Dana Safety Supply,for Group 1 —Pistols,and Mile High Shooting
Accessories, for Group 2—Rifles and Related Accessories.
Advisory Board Recommendation:
N/A
Financial Information:
Source of Amount Account
Funds: 1 $17,000.00 011-1130-000674
2 $60,000.00 603-4750-000674
%✓ 3 $ 2,244.27 011-1122-000343
Total $79,244.27
Financial Impact Summary:Any additional required expenditures will be subject to funds availability
approved through the budgeting process.
Ci Clerk's Office Legislative Tracking:
Alex Denis, Director Ext#6641
Sign-Offs:
DeiRaAlment D' or Assistant CiijkManager CI M na er
A MT JLM
FAT_Dri GENDA120141May 211ProcurernentYTB 2014-144-LR Sniper Rifles,Duty Pistols and Related Acce I -ITEM SUMMARY.doc
60 ADENDA ITEM CAB
MIAMIBEACH
4W SATE S
MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive,Miami Beach,Florida 33139,www.m1amibeachfl.9ov
COMMISSION MEMORANDUM
TO: Mayor Philip Levine and Member of the City ommission
FROM: Jimmy L. Morales, City Manager
DATE: May 21, 2014
SUBJECT: REQUEST FOR APPROVAL TO AW D A CONTRACT PURSUANT TO INVITATION TO BID
(ITB)NO.2014-144-LR FOR SNIPER RIFLES,DUTY PISTOLS AND RELATED ACCESSORIES.
ADMINISTRATION RECOMMENDATION
Approve the award of the contract.
KEY INTENDED OUTCOME
N/A
FUNDING
Account Numbers: 011-1130-000674 $17,000.00
603-4750-000674 $60,000.00
011;1122-000343 $ 2,244.27
BACKGROUND INFORMATION
The purpose of Invitation to Bid (ITB) No. 2014-144-LR is to establish a contract, by means of
sealed bids, with qualified firm(s) for the purchase of sniper rifles, duty pistols and related
accessories for the Department of Police.
The contract(s)entered into with the successful bidder(s)shall remain in effect for three(3)years.
The price offered by the Bidder in its Bid Proposal shall remain firm and fixed during the initial three
(3)year term.The City,through its City Manager,shall have the option to renew this contract for an
additional two(2)one-year periods on a year-to-year basis. During the renewal term,the City may
consider an adjustment to price based on changes in the applicable CPI-U index.
ITB PROCESS
ITB No. 2014-144-LR, was issued on March 7, 2014, with a bid opening date of March 27, 2014.
One (1) addenda was issued to answer to questions submitted by prospective bidders. The
Department of Procurement Management issued bid notices to forty-eight(48)firms utilizing Public
Purchase. Fifteen (15) prospective bidders accessed the advertised solicitation. In addition, the
Department of Procurement Management sent the ITB document to additional firms not registered
with the Public Group.
The notices resulted in the receipt of five (5) responsive and responsible bids from Dana Safety
"Supply, Lou's Police Distributors, Inc., and Mile High Shooting Accessories, EuroCoptic LTD,and
SRT Supply Inc.
The ITB stated that the lowest responsive, responsible bidder meeting all terms, conditions, and
61
Commission Memorandum
1T9 2014-144-LR Sniper Rifles,Duty Pistols and Related Accessories
Apol23, 2014
Page 12
specifications of the ITB will be recommended for award. Veterans and local preferences were
considered during the tabulation of the bids received. However, the one bidder who claimed
veteran's preference was not within 5% of the low bidder's price.
The Bid Price form was categorized by Group 1 — Pistols and Group 2 — Rifles and Related
Accessories. In evaluating the bids received it has been determined that the lowest responsive and
responsible bid received for Group 1 — Pistols, was received from Dana Safety Supply, in the
amount of$10,634.12,and for Group 2—Rifles and Related Accessories from Mile High Shooting
Accessories, in the amount of$68,610.15
The Department of Procurement Management verified the following:
• Minimum Requirements
1. Bids will only be considered from firms that are regularly engaged in the business
of providing goods and services as described in for a minimum of three(3)years.
Dana Safety Supply has been in business for four(4)years.
Mile High Shooting Accessories has been in business for ten (10)years.
2. Must be authorized by the Manufacturer to sell products specified herein.
Both recommended bidders are authorized to sell the respective products.
The pistols are needed to ensure that the Police Department maintains an inventory of firearms to
issue to personnel who may have their firearm impounded as evidence in an investigation or to
issue to officers whose firearm requires maintenance which may cause the firearm to be removed
from service temporarily. The pistols are also needed by the department to replace those firearms
kept by retirees per the City's Collective Bargaining Agreement(CBA)with the Fraternal Order of
Police which requires the agency to allow retirees to keep their issued firearm upon retirement from
the department.
The sniper rifles will replace the current inventory of MacMillan 700 Sniper Rifles which are
approximately 25-30 years old and have exceeded their recommended service life. The requested
sniper rifles will replace the current inventory with the industry recognized "top" sniper rifle for
accuracy in precision marksmanship. The Accuracy International Sniper Rifles requested are widely
regarded as the most accurate, resilient and dependable precision rifles currently available to law
enforcement and military personnel. The additional components requested (Night Force optics;
cleaning kits; titanium muzzle breaks; bipods; cases etc.) are needed to complete the individual
°sniper system"for each individual SWAT Sniper on the-team.
CITY MANAGER'S REVIEW
After considering the review and recommendation of City staff,the City Manager exercised his due
diligence and is recommending to the Mayor and the City Commission award the contract to Dana
Safety Supply,for Group 1 —Duty Pistols,and Mile High Shooting Accessories,for Group 2—Sniper
Rifles and Related Accessories.
CONCLUSION
Based on the aforementioned,the Administration recommends that the Mayor and City Commission
award a contract pursuant to Invitation to Bid (ITB) No. 2014-144-LR for the purchase of Sniper
Rifles, Duty Pistols and Related Accessories.
T:1AGENDA12014Way%ProcurementVTB 2014144-LR Sniper Rifles,Duty Pistols and Related Accessories -MEMO.doc
62
1.
MIAMIBEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139,www.miamibeachfi.gov
DEPARTMENT OF PROCUREMENT MANAGEMENT
Tel: 305-673-7490 Fax: 786-394-4002
ADDENDUM NO. 1
INVITATION TO BID (ITB) NO. 2014-144-LR
FOR THE PURCHASE OF SNIPER RIFLES, DUTY PISTOLS AND RELATED ACCESSORIES (the ITB)
March 13, 2014
This Addendum to the above-referenced ITB is issued in response to questions from prospective proposers, or
other clarifications and revisions issued by the City. The ITB is amended in the following particulars only.
1. REVISION: APPENDIX C— Minimum Requirements & Specifications, is hereby amended for the following item
under Group 2. (Underlined denotes added language.):
GROUP 2: Rifles and Related Accessories
Description: Arbiter 7.62 QD Titanium Suppressor, 1.5 x 9", 13.2 oz, Matte Black
Brand: Arbiter
Quantity: 2
The following is added: Suppressors need to be fitted, tuned and tested for each rifle. This is to ensure that
each suppressor will work properly and safely with each rifle allowing the snipers to move the suppressors from
rifle to rifle. Prospective bidders must include this service in the price quote for this item.
2. RESPONSES TO QUESTIONS RECEIVED:
Q#1: Can Prospective Bidders bid on one group and not bid on the other?
A#1: Yes, Prospective Bidders can bid on Group 1, or Group 2 or both.
Q#2: With regards to the Tactical Muzzle Break on the Accuracy International LTD AX308 Rifle,
Prospective Bidder states that Tactical Muzzle is not compatible with the Arbiter 7.62 QD Titanium
Suppressor nor any U.S. made suppressor. The 16" Forend is not required for the application
stated and is not standard. The standard forend for 20" barrel rifles is 13". Prospective Bidder
suggests 13" but can supply 16" if required.
A#2: Accuracy International Tactical Muzzle Breaks are not compatible with the Arbiter 7.62 QD
Titanium suppressors. As a result, the rifles must be equipped with the appropriate muzzle
break to allow the suppressors to be fitted onto each rifle. The suppressors as listed in
the specifications will need to be fitted, tuned and tested for each rifle. This is to ensure
that each suppressor will work properly and safely with each rifle allowing the snipers to
move the suppressors from rifle to rifle.
With regards to the 16" Forend, this is the Police Department's preference and requirement,
the 13" Forend will not be considered.
Any questions regarding this Addendum should be submitted in writing to the Procurement Management
Department to the attention of the individual named below, with a copy to the City Clerk's Office at
RafaelGranado@miamibeachfl.gov
Contact: Telephone: Email:
Lourdes Rodriguez 305-673-7000 ext. 6652 LourdesRodriguez @miamibeachfl.gov
__. . . ......... ......_.. . ....... ...._. ... ..... . ........ .......... .............. ........... ............................. ...... ................
........
11 Page
ITB No. 2014-144-LR
Addendum#1
Proposers are reminded to acknowledge receipt of this addendum as part of your RFP submission. Potential
proposers that have elected not to submit a response to the RFP are requested to complete and return the "Notice
to Prospective Bidders"questionnaire with the reason(s)for not submitting a proposal.
ncerel ,
enis
Procurement Director
....... . ... ........ ............ ..........._..._ ..... . .. ........ _ ... ..._. . . . ..._... ........ _....... .. . .............
21 Page
INVITATION TO BID ITI3
PURCHASE OF SNIPER RIFLES, DUTY PISTOLS AND RELATED ACCESSORIES
2014-144-LR
BID ISSUANCE DATE: MARCH 7, 2014
BID DUE: MARCH 27, 2014 @ 3:00 PM
ISSUED BY: LOURDES RODRIGUEZ
- MIAMI B EA C'H
LOURDES RODRIGUEZ, CPPB
PROCUREMENT COORDINATOR
DEPARTMENT OF PROCUREMENT MANAGEMENT
1700 Convention Center Drive, Miami Beach, FL 33139
305.673.7000 x 6652 1 Fax: 786.394.4075 1 www.miamibeachfi.gov
r
� 'IAMIBEACH
TABLE OF CONTENTS
SOLICITATION SECTIONS: PAGE
0100 NOT UTILIZED ........................................................................................................N/A
0200 INSTRUCTIONS TO BIDDERS & GENERAL CONDITIONS........................................3
0300 BID SUBMITTAL INSTRUCTIONS & FORMAT..........................................................15
APPENDICES:
APPENDIX A PROPOSAL CERTIMCATON, QUESTIONNAIRE AND AFFIDAVITS
APPENDIX B "NO BID" FORM
APPENDIX C MINIMUM REQUIREMENTS & SPECIFICATIONS
APPENDIX D SPECIAL CONDITIONS
APPENDIX E COST PROPOSAL FORM
APPENDIX F INSURANCE REQUIREMENTS
ITB 2014-144-LR 2
MIAMI BEACH
SECTION 0200 INSTRUCTIONS TO BIDDERS
1. GENERAL. This Invitation to Bid (ITB) is issued by the City of Miami Beach, Florida (the "City"), as the means for
prospective Proposers to submit their qualifications, proposed scopes of work and cost proposals (the "bid") to the
City for the City's consideration as an option in achieving the required scope of services and requirements as noted
herein. All documents released in connection with this solicitation, including all appendixes and addenda, whether
included herein or released under separate cover, comprise the solicitation, and are complementary to one another
and together establish the complete terms, conditions and obligations of the Proposers and, subsequently, the
successful Bidders(s) (the "contractor[s]") if this ITB results in an award.
The City utilizes PublicPurchase (www.publicpurchase.com) for automatic notification of competitive solicitation
opportunities and document fulfillment, including the issuance of any addendum to this ITB. Any prospective Bidder
who has received this ITB by any means other than through PublicPurchase must register immediately with
PublicPurchase to assure it receives any addendum issued to this ITB. Failure to receive an addendum may
result in disqualification of proposal submitted.
.2. SOLICITATION TIMETABLE. The tentative schedule for this solicitation is as follows:
ITB Issued March 7,2014
Pre-Bid Meeting NONE
Deadline for Receipt of Questions March 20, 2014
Responses Due March 27, 2014
Tentative Commission Approval Authorizing Award April 23, 2014
3. PROCUREMENT CONTACT. Any questions or clarifications concerning this solicitation shall be submitted to the
Procurement Contact named herein, in writing, with a copy to the City Clerk's Office, Rafael E. Granado via e-mail:
RafaelGranado(a)miamibeachfl.gov ; or facsimile: 786-394-4188. The Bid title/number shall be referenced on all
correspondence. All questions or requests for clarification must be received no later than seven (7) calendar days
prior to the date proposals are due as scheduled in Section 0200-3. All responses to questions/clarifications will be
sent to all prospective Proposers in the form of an addendum.
Procurement Contact: Telephone: -Email:
Lourdes Rodriguez 305.673.7000 x6652 lourdesrodriguez @miamibeachfl.gov
ITB 2014-144-LR 3
AAIAMI BEACH
4. PRE-BID MEETING OR SITE VISIT(S). Only if deemed necessary by the City, a pre-bid meeting or site visit(s)
may be scheduled.
A Pre-Bid conference will be held as scheduled in Solicitation Timeline above at the following address:
City of Miami Beach
City Hall -4th Floor
City Manager's Large Conference Room
1700 Convention Center Drive
Miami Beach, Florida 33139
Attendance (in person or via telephone) is encouraged and recommended as a source of information, but is not
mandatory. Proposers interested in participating in the Pre-Bid Submission Meeting via telephone must follow these
steps:
(1) Dial the TELEPHONE NUMBER: 1-888-270-9936 (Toll-free North America)
(2) Enter the MEETING NUMBER: 1142644
Proposers who are interested in participating via telephone-should send an e-mail to the contact person listed in this
ITB expressing their intent to participate via telephone.
5. PRE-BID INTERPRETATIONS. Oral information or responses to questions received by prospective Bidders are
not binding on the City and will be without legal effect, including any information received at pre-bid meeting or site
visit(s). Only questions answered by written addenda will be binding and may supersede terms noted in this
solicitation. Addendum will be released through PublicPurchase.
6. CONE OF SILENCE. Pursuant to Section 2-486 of the City Code, all procurement solicitations once advertised
and until an award recommendation has been forwarded to the City Commission by the City Manager are under the
Cone of Silence. The Cone of Silence ordinance is available at
http://library.municode.com/index.aspx?clientlD=13097&statelD=9&statename=Florida. Any communication or
inquiry in reference to this solicitation with any City employee or City official is strictly prohibited with the of exception
of communications with the Procurement Director, or his/her administrative staff responsible for administering the
p 9
procurement process for this solicitation providing said communication is limited to matters of process or procedure
regarding the solicitation. Communications regarding this solicitation are to be submitted in writing to the
Procurement Contact named herein with a copy to the City Clerk at RafaelGranado Rmiamibeachfl.gov.
7. SPECIAL NOTICES. You are hereby advised that this solicitation is subject to the following
ordinances/resolutions, which may be found on the City Of Miami Beach website:
http://web.miamibeachfl.gov/procuremenYscroll.aspx?id=23510
• CONE OF SILENCE..................................................................... CITY CODE SECTION 2-486
• PROTEST PROCEDURES............................................................ CITY CODE SECTION 2-371
• DEBARMENT PROCEEDINGS........................ CITY CODE SECTIONS 2-397 THROUGH 2-485.3
• LOBBYIST REGISTRATION AND DISCLOSURE OF FEES.................. CITY CODE SECTIONS 2-481 THROUGH 2-406
• CAMPAIGN CONTRIBUTIONS BY VENDORS................................... CITY CODE SECTION 2-487
• CAMPAIGN CONTRIBUTIONS BY LOBBYISTS ON PROCUREMENT
ISSUES...................................................................................... CITY CODE SECTION 2-488
• REQUIREMENT FOR CITY CONTRACTORS TO PROVIDE EQUAL
BENEFITS FOR DOMESTIC PARTNERS.......................................... CITY CODE SECTION 2-373
• LIVING WAGE REQUIREMENT...................................................... CITY CODE SECTIONS 2-407 THROUGH 2-410
• LOCAL PREFERENCE FOR MIAMI BEACH-BASED VENDORS......... CITY CODE SECTION 2-372
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• PREFERENCE FOR FLORIDA SMALL BUSINESSES OWNED AND
CONTROLLED BY VETERANS AND TO STATE-CERTIFIED SERVICE-
DISABLED VETERAN BUSINESS ENTERPRISES............................. CITY CODE SECTION 2-374
• FALSE CLAIMS ORDINANCE......................................................... CITY CODE SECTION 70-300
• ACCEPTANCE OF GIFTS,FAVORS&SERVICES.............................. CITY CODE SECTION 2-449
8. EXAMINATION OF SOLICITATION DOCUMENTS AND SITE; It is the responsibility of each Bidder, before
submitting a Bid, to:
• Examine the solicitation thoroughly.
• Visit the site or structure, as applicable, to become familiar with conditions that may affect costs, progress,
performance or furnishing of the Work.
• Take into account federal, state and local (City and Miami-Dade County) laws, regulations, permits, and
ordinances that may affect costs, progress, performance, furnishing of the Work, or award.
• Study and carefully correlate Bidder's observations with the solicitation.
• Notify the Procurement Director of all conflicts, errors or discrepancies in the solicitation of which Bidder
knows or reasonably should have known.
The submission of a Bid shall constitute an incontrovertible representation by Bidder that Bidder has
complied with the above requirements and that without exception, the Bid is premised upon performing and.
furnishing the Work required by the solicitation and that the. solicitation documents are sufficient in scope
and detail to indicate and convey understanding of all terms and conditions for performance and furnishing
of the Work.
9. POSTPONEMENT OF DUE DATE FOR RECEIPT OF BIDS. The City reserves the right to postpone the deadline
for submittal of bids and will make a reasonable effort to give at least three (3) calendar days written notice of any
such postponement to all prospective Bidders through PublicPurchase.
10. PROTESTS. Protests concerning the specifications, requirements, and/or terms; or protests after the bid due
date in accordance with City Code Section 2-371, which establishes procedures for protested proposals and
proposed awards. Protests not submitted in a timely manner pursuant to the requirements of City Code
Section 2-371 shall be barred.
11. MIAMI BEACH-BASED VENDORS PREFERENCE. Pursuant to City of Miami Beach Ordinance No. 2011-
3747, a preference will be given to a responsive and responsible Miami Beach-based vendor, who is within five
percent (5%) of the lowest and best bidder, an opportunity of providing said goods or contractual services for the
lowest responsive bid amount. Whenever, as a result of the foregoing preference, the adjusted prices of two (2) or
more Miami Beach-based vendors constitute the lowest bid for a competitively bid purchase, and such bids are
responsive and otherwise equal with respect to quality and service, then the award shall be made to the Miami
Beach-based vendor having the greatest number of its employees that are Miami Beach residents. Whenever, two or
more Miami Beach-based vendors have the same number of its employees that are Miami Beach residents, then the
award shall be made to the Miami Beach-based vendor who is certified by Miami-Dade County as a Minority or
Women Business Enterprise.
12. VETERAN BUSINESS ENTERPRISES PREFERENCE. Pursuant to City of Miami Beach Ordinance No. 2011-
3748, the City shall give a preference to a responsive and responsible bidder which is a small business concern
owned and controlled by a veteran(s) or which is a service-disabled veteran business enterprise, and which is within
five percent (5%) of the lowest and best bidder, by providing such bidder an opportunity of providing said goods or
contractual services for the lowest responsive bid amount. Whenever, as a result of the foregoing preference, the
adjusted prices of two (2) or more bidders which are a small business concern owned and controlled by a veteran(s)
or a service-disabled veteran business enterprise constitute the lowest bid pursuant to an ITB or oral or written
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request for quotation, and such bids are responsive, responsible and otherwise equal with respect to quality and
service, then the award shall be made to the service-disabled veteran business enterprise.
13. CONTRACT PRICE. Bid Price is to include the furnishing of all labor, materials, equipment including tools,
services, permit fees, applicable taxes, overhead and profit for the completion of the Work except as may be
otherwise expressly provided in the solicitation.
14. METHOD OF AWARD. Following the review of bids and application of vendor preferences, the lowest
responsive, responsible bidder(s) meeting all terms, conditions, and specifications of the ITB will be recommended
for award by bid item, bid group, or for the entirety of all bid items, as deemed in the best interest of the City, to the
City Manager for his consideration. After considering the staff recommendation for award, the City Manager shall
exercise his due diligence and recommend to the Mayor and City Commission the bid that the City Manager deems
to be in the best interest of the City. The City Commission shall consider the City Manager's recommendations) and,
may approve or reject the City Manager's recommendation(s). The City Commission may also reject all bids
received. In determining the lowest and best bidder, and in addition to price, Section 2-369 of the City Code provides
that the City may consider the following:
• The ability, capacity and skill of the bidder to perform the Contract.
• Whether the bidder can perform the Contract within the time specified,without delay or interference.
• The character, integrity, reputation,judgment, experience and efficiency of the bidder.
• The quality of performance of previous contracts.
• The previous and existing compliance by the bidder with laws and ordinances relating to the
Contract.
15. MULTIPLE AWARD. The City may award up to three vendors(primary, secondary,tertiary), as available, by line item, by
group or in its entirety. The City will endeavor to utilize vendors in order of award. However,the City may utilize other vendors
in the event that: 1) a contract vendor is not or is unable to be in compliance with any contract or delivery requirement;2)it is in
the best interest of the City to do so regardless of reason.
16. BINDING CONTRACT. The signed bid shall be considered an offer on the part of the bidder, which offer shall be
deemed accepted upon award of the bid by the City Commission. The City Commission's selection or approval of
the City Manager's recommendation shall constitute a binding Contract between the City and the awarded bidder(s).
The Contract shall include the solicitation, any and all addenda issued by the City and the Bid Proposal submitted
the by bidder. In any discrepancy between the documents, the order of preference shall be as follows: 1) Addendum
in reverse order of release; 2) Solicitation; 3) Bid Proposal. In case of default on the part of the successful bidder, the
City may procure the items or services from other sources and hold the bidder responsible for any excess cost
occasioned or incurred thereby.
17. VOLUME OF WORK TO BE RECEIVED BY CONTRACTOR. It is the intent of the City to purchase the goods
and services specifically listed in this solicitation from the contractor. However, the City reserves the right to
purchase any goods or services awarded from state or other governmental contract, or on an as-needed basis
through the City's spot market purchase provisions.
18. GENERAL TERMS AND CONDITIONS. It is the responsibility of the Bidder to become thoroughly familiar with
the Bid requirements, terms and conditions of this solicitation. Ignorance by the Bidder of conditions that exist or that
may exist will not be accepted as a basis for varying the requirements of the City, or the compensation to be paid to
the Bidder.
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19. ACCEPTANCE OR REJECTION OF BIDS. The City reserves the right to reject any or all bids prior to award.
Reasonable efforts will be made to either award the Contract or reject all bids within one-hundred twenty (120)
calendar days after bid opening date. A Bidder may not withdraw its bid unilaterally nor change the Contract Price
before the expiration of one hundred and twenty (120) calendar days from the date of bid opening. A Bidder may
,withdraw its bid after the expiration of one hundred twenty (120) calendar days from the date of bid opening by
delivering written notice of withdrawal to the Department of Procurement Management prior to award of the Bid by
the Mayor and City Commission.
20. ALTERNATE RESPONSES MAY BE CONSIDERED. The City may consider one (1) alternate response from
the same Bidder for the same formal solicitation; provided, that the alternate response offers a different product that
meets or exceeds the formal solicitation requirements. In order for the City to consider an alternate response, the
Bidder shall complete a separate Price Sheet form and shall mark "Alternate Response". Alternate response shall
be placed in the same response. This provision only applies to formal solicitations for the procurement of goods,
services, items, equipment, materials, and/or supplies.
21. AMERICAN WITH DISABILITIES ACT. To request this material in accessible format, sign language interpreters,
information on access for persons with disabilities, and/or any accommodation to review any document or participate
in any city-sponsored proceeding, please contact 305-604-2489 (voice), 305-673-7524 (fax) or 305-673-7218 (TTY)
five days in advance to initiate your request. TTY users may also call 711 (Florida Relay Service).
22. ANTI-DISCRIMINATION. The bidder certifies that he/she is in compliance with the non-discrimination clause
contained in Section 202, Executive Order 11246, as amended by Executive Order 11375, relative to equal
employment opportunity for all persons without regard to race, color, religion, sex or national origin.
23. ASSIGNMENT. The Successful Bidder shall not assign, transfer, convey, sublet or otherwise dispose of the
contract, including any or all of its right, title or interest therein, or his/her or its power to execute such contract, to
any person, company or corporation, without the prior written consent of the City.
24. AUDIT RIGHTS AND RECORDS RETENTION. The Successful Bidder agrees to provide access at all reasonable
times to the City, or to any of its duly authorized representatives, to any books, documents, papers and records of Contractor
which are directly pertinent to this formal solicitation, for the purpose of audit, examination, excerpts, and transcriptions. The
Successful Bidder shall maintain and retain any and all of the books, documents, papers and records pertinent to the Contract
for three(3)years after the City makes final payment and all other pending matters are closed. Contractor's failure to or refusal
to comply with this condition shall result in the immediate cancellation of this contract by the City.
25. BID BONDS, PERFORMANCE BONDS, CERTIFICATES OF INSURANCE. Bid Bonds, when required, shall be
submitted with the bid in the amount specified in the Special Conditions. After acceptance of the bid, the City will
notify the successful bidder to submit a performance bond and certificate of insurance in the amount specified in the
Special Conditions.
26. BILLING INSTRUCTIONS. Invoices, unless otherwise indicated, must show purchase order numbers and shall
be submitted to the ordering City department.
27. CANCELLATION. In the event any of the provisions of this Bid are violated by the bidder, the City shall give
written notice to the bidder stating such deficiencies and, unless such deficiencies are corrected within ten (10)
calendar days from the date of the City's notice, the City, through its City Manager, may declare the contract in
default and terminate same, without further notice required to the bidder. Notwithstanding the preceding, the City,
through its-City Manager, also reserves the right to terminate the contract at any time and for any reason, without
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cause and for convenience, and without any monetary liability to the City, upon the giving of thirty (30) days prior
written notice to the bidder.
28. CITY'S RIGHT TO WAIVE OR REJECT BIDS. The City Commission reserves the right to waive any
informalities or irregularities in this Bid; or to reject all bids, or any part of any bid, as it deems necessary and in the
best interest of the City of Miami Beach.
29. CLARIFICATION AND ADDENDA TO BID SPECIFICATIONS. If a bidder is in doubt as to the true meaning of
the Bid specifications, or other Bid documents, or any part thereof, the bidder must submit to the City, at least ten
(10) calendar days prior to the scheduled Bid opening date, a request for clarification. NO QUESTIONS WILL BE
RECEIVED VERBALLY OR AFTER SAID DEADLINE.
Any interpretation of the Bid, including, without limitation, responses to questions and request for clarification(s) from
bidders, will be made only by Addendum duly issued by the City. In the event of conflict with the original
specifications, the Addendum shall supersede such specifications, to the extent specified. Subsequent Addendum
shall govern over prior Addendum only to the extent specified. The bidder shall be required to acknowledge receipt
of any and all Addendum, and filling in and signing in the spaces provided in section 5.0,
Acknowledgements/Affidavits. Failure to acknowledge Addendum may deem a bid non-responsive:
The City will not be responsible for explanations, interpretations, or answers to questions made verbally or in writing
by any City representative, unless issued by the City via formal written Addendum to this Bid.
Any questions or clarifications concerning the Bid shall be submitted in writing to the Department of Procurement
Management (DPM), 1700 Convention Center Drive, Miami Beach, FL 33139 with a copy to the City Clerk.
30. COLLUSION. Where two (2) or more related parties each submit a bid or bids for any contract, such bids or bids
shall be presumed to be collusive. The foregoing presumption may be rebutted by presentation of evidence as to
the extent of ownership, control and management of such related parties in the preparation and submittal of such bid
or bids. "Related parties" means bidders or the principals thereof which have a direct or indirect ownership interest in
another bidder for the same contract, or in which a parent company or the principals thereof of one (1) bidder have a
direct or indirect ownership interest in another bidder for the same contract. Bid or bids found to be collusive shall be
rejected.
Bidders who have been found to have engaged in collusion may also be suspended or debarred, and any contract
resulting from collusive bidding may be terminated for cause.
31. CONDITION AND PACKAGING. Bidder guarantees items offered and delivered to be the current standard
production model at time of bid and shall offer expiration dating of at least one year or later. Bidder also guarantees
items offered and delivered to be new, unused, and free from any and all defects in material, packaging and
workmanship and agrees to replace defective items promptly at no charge to the City of Miami Beach, for the
manufacturer's standard warranty but in no case for a period of less than 12 months from date of acceptance. All
containers shall be suitable for storage or shipment, and all prices shall include standard commercial packaging.
32. CONTRACT EXTENSION. The City reserves the right to require the Contractor to extend contract past the
stated termination date for a period of up to 120 calendar days in the event that a subsequent contract has not yet
been awarded. Additional extensions past the 120 calendar days may occur as needed by the City and as mutually
agreed upon by the City and the contractor.
33. DELIVERY. Unless actual date of delivery is specified (or if specified delivery cannot be met), show number of
days (in calendar days) required to make delivery after receipt of purchase order, in space provided. Delivery time
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may become a basis for making an award. Delivery shall be within the normal working hours of the City using
Department, Monday through Friday, excluding holidays. Receiving hours are Monday through Friday, excluding
holidays, from 8:30 A.M. to 4:00 P.M.
34. DELIVERY TIME. Bidders shall specify in the attached Bid Form, the guaranteed delivery time (in calendar days)
for each item. It must be a firm delivery time; no ranges (For example, 12-14 days)will be accepted.
35. DEMONSTRATION OF COMPETENCY.
A. Pre-award inspection of the bidder's facility may be made prior to the award of contract.
B. Bids will only be considered from firms which are regularly engaged in the business of providing the goods
and/or services as described in this Bid.
C. Bidders must be able to demonstrate a good record of performance for a reasonable period of time, and
have sufficient financial capacity, equipment, and organization to ensure that they can satisfactorily perform
the services if awarded a contract under the terms and conditions of this Bid.
D. the terms "equipment and organization", as used herein shall, be construed to mean a fully equipped and
well established company in line with the best business practices in the industry, and as determined by the
City of Miami Beach.
E. The City may consider any evidence available regarding the financial, technical, and other qualifications and
abilities of a bidder, including past performance (experience), in making an award that is in the best interest
of the City.
F. The City may require bidders to show proof that they have been designated as authorized representatives of
a manufacturer or supplier, which is the actual source of supply. In these instances, the City may also
require material information from the source of supply regarding the quality, packaging, and characteristics
of the products to be supply to the City. Any material conflicts between information provided by the source
of supply and the information contained in the bidder's bid may render the bid non-responsive.
G. The City may, during the period that the contract between the City and the successful bidder is in force,
review the successful bidder's record of performance to ensure that the bidder is continuing to provide
sufficient financial support, equipment, and organization as prescribed in this bid. Irrespective of the
bidder's performance on contracts awarded to it by the City, the City may place said contracts on
probationary status and implement termination procedures if the City determines that the successful bidder
no longer possesses the financial support, equipment, and organization which would have been necessary
during the bid evaluation period in order to comply with the demonstration of competency required under this
subsection.
36. DISPUTES. In the event of a conflict between the Bid documents, the order of priority of the documents shall be
as follows:
A. Any contract or agreement resulting from the award of this Bid; then
B. Addendum issued for this Bid, with the latest Addendum taking precedence; then
C. The Bid; then
D. The bidder's bid in response to the Bid.
In case of any doubt or difference of opinion as to the items and/or services (as the case may be) to be furnished
hereunder, the decision of the City shall be final and binding on all parties.
37. DEFAULT. Failure or refusal of a bidder to execute a contract upon award, or withdrawal of a bid before such
award is made, may result in forfeiture of that portion of any bid surety required as liquidated damages incurred by
the City thereby; or, where surety is not required, failure to execute a contract as described above may be grounds
for removing the bidder from the City's bidders list.
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38. EQUIVALENTS. If a bidder offers makes of equipment or brands of supplies other than those specified in the Bid
specifications, he must so indicate in his bid. Specific article(s) of equipment/supplies shall conform in quality,
design and construction with all published claims of the manufacturer.
The bidder shall indicate in the Bid Form the manufacturer's name and number if bidding other than the specified
brands, and shall indicate ANY deviation from the specifications as listed in the Bid. Other than specified items
offered requires complete descriptive technical literature marked to indicate detailed conformance with
specifications, and MUST BE INCLUDED WITH THE BID. NO BIDS WILL BE CONSIDERED WITHOUT THIS
INFORMATION. THE CITY SHALL BE THE SOLE JUDGE OF EQUALITY AND ITS DECISION SHALL BE FINAL.
Note as to Brand Names: Catalog numbers, manufacturers' and brand names, when listed, are informational guides
as to a standard of acceptable product quality level only and should not be construed as an endorsement or a
product limitation of recognized and legitimate manufacturers. Bidders shall formally substantiate and verify that
product(s) offered conform with or exceed quality as listed in the specifications.
39. ELIMINATION FROM CONSIDERATION. This bid shall not be awarded to any person or firm who is in arrears
to the City upon any debt, taxes, or contracts which are defaulted as surety or otherwise upon any obligation to the
City.
40. EMERGENCY RESPONSE PRIORITY. It is hereby made a part of this solicitation that before, during, and after a
public emergency, disaster, hurricane, tornado, flood, or other acts of force majeure that the City of Miami Beach,
Florida shall receive a "First Priority" for any goods and services covered under any award resulting from this
solicitation, including balance of line items as applicable. It is vital and imperative that the majority of citizens are
protected from any emergency situation that threatens public health and safety, as determined by the City. By virtue
of submitting a response to this solicitation, vendor agrees to provide all award-related goods and services to the
City on a "first priority" under the emergency conditions noted above.
41. ESTIMATED QUANTITIES. Estimated quantities or estimated dollars, if provided, are for City guidance only. No
guarantee is expressed or implied as to quantities or dollars that will be used during the contract period. The City is
not obligated to place any order for a given amount subsequent to the award of this Bid. Estimates are based upon
the City's actual needs and/or usage during a previous contract period. The City may use said estimates for
purposes of determining whether the low bidder meets specifications.
42. EXCEPTIONS TO BID. Bidders are strongly encouraged to thoroughly review the specifications and all
conditions set forth in this Bid. Bidders who fail to satisfy the requirements in this Bid, may be deemed non-
responsive and receive no further consideration. Should your proposed bid not be able to meet one (1) or more of
the requirements set forth in this Bid and you are proposing alternatives and/or exceptions to said requirements, you
must notify the Procurement Office, in writing, at least five (5) calendar days prior to the deadline for submission of
bids. The City reserves the right to revise the scope of services via Addendum prior to the deadline for receipt of
bids.
43. FACILITIES. The City, through its City Manager or his/her authorized designee, reserves the right to inspect the
bidder's facilities at any time, upon reasonable prior written or verbal notice.
44. FLORIDA PUBLIC RECORDS LAW. Bidders are hereby notified that all Bids including, without limitation, any
and all information and documentation submitted therewith, are exempt from public records requirements under
Section 119.07(1), Florida Statutes, and s. 24(a), Art. 1 of the State Constitution until such time as the City provides
notice of an intended decision or until thirty (30) days after opening of the bids, whichever is earlier. Additionally,
Contractor agrees to be in full compliance with Florida Statute 119.0701 including, but not limited to, agreement to
rIMM
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(a) Keep and maintain public records that ordinarily and necessarily would be required by the public agency in
order to perform the services; (b) provide the public with access to public records on the same terms and conditions
that the public agency would provide the records and at a cost that does not exceed the cost provided in this chapter
or as otherwise provided by law; (c) Ensure that public records that are exempt or confidential and exempt from
public records disclosure requirements are not disclosed except as authorized by law; (d) Meet all requirements for
retaining public records and transfer, at no cost, to the public agency all public records in possession of the
contractor upon termination of the contract and destroy any duplicate public records that are exempt or confidential
and exempt from public records disclosure requirements. All records stored electronically must be provided to the
public agency in a format that is compatible with the information technology systems of the public agency.
45. F.O.B. DESTINATION. Unless otherwise specified in the Formal Solicitation, all prices quoted/proposed by the
bidder must be F.O.B. DESTINATION, inside delivery, with all delivery costs and charges included in the bid price,
unless otherwise specified in this Formal Solicitation. Failure to do so may be cause for rejection of bid.
46. GRATUITIES. Bidders shall not offer any gratuities, favors, or anything of monetary value to any official,
employee, contractor, or agent of the City, for the purpose of influencing consideration of this Bid.
47. INDEMNIFICATION. The successful Bidder shall indemnify and hold harmless the City and its officers,
employees, agents and instrumentalities from any and all liability, losses or damages, including attorney's fees and
costs of defense, which the City or its officers, employees, agents or instrumentalities may incur as a result of
claims, demands, suits, causes of actions or proceedings of any kind or nature arising out of, relating to or resulting
from the performance of the agreement by the successful Bidder or its employees, agents, servants, partners,
principals or subcontractors. The successful Bidder shall pay all claims and losses in connection therewith, and
shall investigate and defend all claims, suits or actions of any kind or nature in the name of the City, where
applicable, including appellate proceedings, and shall pay all costs, judgments, and attorney's fees which may be
incurred thereon. The successful Bidder expressly understands and agrees that any insurance protection required
by this Agreement or otherwise provided by the successful Bidder shall in no way limit the responsibility to indemnify,
keep and save harmless and defend the City or its officers, employees, agents and instrumentalities as herein
provided. The above indemnification provisions shall survive the expiration or termination of this Agreement.
48. INSPECTION, ACCEPTANCE & TITLE. Inspection and acceptance will be at destination, unless otherwise
provided. Title to (or risk of loss or damage to) all items shall be the responsibility of the successful bidder until
acceptance by the City, unless loss or damage results from the gross negligence or willful misconduct of the City.
If any equipment or supplies supplied to the City are found to be defective, or do not conform to the specifications,
the City reserves the right to cancel the order upon written notice to the seller, and return the product, at the bidder's
expense.
49. LAWS, PERMITS AND REGULATIONS. The bidder shall obtain and pay for all licenses, permits, and inspection
fees required under the contract; and shall comply with all Applicable Laws.
50. LEGAL REQUIREMENTS. The bidder shall be required to comply with all federal, State of Florida, Miami-Dade
County, and City of Miami Beach codes, laws, ordinances, and/or rules and regulations that in any manner affect the
items covered herein (collectively, Applicable Laws). Lack of knowledge or ignorance by the bidder with/of
Applicable Laws will in no way be a cause for relief from responsibility.
51. LIABILITY, INSURANCE, LICENSES AND PERMITS. Where bidders are required to enter or go on to City of
Miami Beach property to deliver materials or perform work or services as a result of the Bid, the bidder will assume
the full duty, obligation and expense of obtaining all necessary licenses,.permits, and insurance, and assure all work
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complies with all Applicable Laws. The bidder shall be liable for any damages or loss to the City occasioned by
negligence of the bidder, or his/her officers, employees, contractors, and/or agents, for failure to comply with
Applicable Laws,
52. MANNER OF PERFORMANCE. Bidder agrees to perform its duties and obligations in a professional manner
and in accordance with all applicable Local, State, County, and Federal laws, rules, regulations and codes. Bidder
agrees that the services provided shall be provided by employees that are educated, trained, experienced, certified,
and licensed in all areas encompassed within their designated duties. Bidder agrees to furnish to the City any and
all documentation, certification, authorization, license, permit, or registration currently required by applicable laws,
rules, and regulations. Bidder further certifies that it and its employees will keep all licenses, permits, registrations,
authorizations, or certifications required by applicable laws or regulations in full force and effect during the term of
this contract. Failure of bidder to comply with this paragraph shall constitute a material breach of this contract.
53. MISTAKES. Bidders are expected to examine the specifications, delivery schedules, bid prices, and extensions,
and all instructions pertaining to supplies and services. Failure to do so will be at the bidder's risk and may result in
the bid being non-responsive.
54. MODIFICATION/WITHDRAWALS OF BIDS. A bidder may submit a modified bid to replace all or any portion of
a previously submitted bid up until the bid due date and time. Modifications received after the bid due date and time
will NOT be considered.
Bids shall be irrevocable until contract award unless withdrawn in writing prior to the bid due date or after expiration
of 120 calendar days from the opening of bids without a contract award. Letters of withdrawal received after the bid
due date and before said expiration date and letters of withdrawal received after contract award will NOT be
considered.
55. NON-CONFORMANCE TO CONTRACT CONDITIONS. Items may be tested for compliance with specifications.
Items delivered, not conforming to specifications, may be rejected and returned at the bidder's expense. These
items, as well as items not delivered as per delivery date in bid and/or purchase order, may be purchased by the
City, at its discretion, on the open market. Any increase in cost may be charged against the bidder. Any violation of
these stipulations may also result in the bidder's name being removed from the City's vendor list.
56. OPTIONAL CONTRACT USAGE. When the successful bidder(s) is in agreement, other units of government or
non-profit agencies may participate in purchases pursuant to the award of this contract at the option of the unit of
government or non-profit agency.
57. OSHA. The bidder warrants to the City that any work, services, supplies, materials or equipment supplied
pursuant to this Bid shall conform in all respects to the standards set forth in the Occupational Safety and Health Act
of 1970, as amended, and the failure to comply with this condition will be deemed breach of contract. Any fines
levied because of inadequacies to comply with this condition shall be borne solely by the bidder.
58. PATENTS & ROYALTIES. The bidder shall indemnify and save harmless the City of Miami Beach, Florida, and
its officers, employees, contractors, and/or agents, from liability of any nature or kind, including cost and expenses
for, or on account of, any copyrighted, patented, or unpatented invention, process, or article manufactured or used in
the performance of the contract, including its use by the City of Miami Beach, Florida. If the bidder uses any design,
device or materials covered by letters, patent, or copyright, it is mutually understood and agreed, without exception,
that the bid prices shall include all royalties or cost arising from the use of such design, device, or materials in any
way involved in the work.
ITB 2014-08 3-LR 12
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NiAlAiMl BEACH
59. PAYMENT. Payment will be made by the City after the items have been received, inspected, and found to
comply with Bid specifications, free of damage or defect, and properly invoiced.
60. PRICES QUOTED. Prices quoted shall remain firm and fixed during the duration of the contract. In completing
the bid form, state both unit price and extended total, when requested. Prices must be stated in units of quantity
specified in the bidding specifications. In case of discrepancy in computing the amount of the bid, the UNIT PRICE
quoted will govern. All prices must be F.O.B. destination, freight prepaid -(unless otherwise stated in Special
Conditions). The Bidder may offer cash discounts for prompt payments; however, such discounts will not be
considered in determining the lowest price during bid evaluation. Bidders are requested to provide prompt payment
terms in the space provided on the Bid submittal signature page of the solicitation. Award, if made, will be in
accordance with terms and conditions stated herein. Each item must be bid separately, and no attempt is to be
made to tie any item or items in with any other item or items. Cash or quantity discounts offered will not be a
consideration in determination of award of bid(s).
61. PRODUCT INFORMATION. Product literature, specifications, and technical information, including
Manufacturer's Safety Data Sheets (MSDS) should be provided with this bid as an attachment to the "BID FORM".
However, in all cases must be provided within five (5) calendar days upon request from Purchasing Agent.
62. REASONABLE ACCOMMODATION. In accordance with Title II of the Americans with Disabilities Act, any
person requiring an accommodation at the Bid opening because of a disability must contact the Procurement
Division.
63. SAMPLES. Bids submitted as an "equal" product must be accompanied with detailed specifications. Samples of
items, when required, must be furnished free of expense and, if not destroyed, will, upon request, be returned at the
bidder's expense. Bidders will be responsible for the removal of all samples furnished within (30) calendar days after
bid. opening. All samples will be disposed of after thirty (30) calendar days. Each individual sample must be labeled
with the bidder's name. Failure of the bidder to either deliver required samples, or to clearly identify samples may be
reason for rejection of the bid. Unless otherwise indicated, samples should be delivered to the Procurement Division,
1700 Convention Center Drive, Miami Beach, FL 33139.
64. SPECIAL CONDITIONS. Any and all Special Conditions that may vary from these General Terms and
Conditions shall have precedence.
65. SPOT MARKET PURCHASES. It is the intent of the City to purchase the items specifically listed in this Bid from
the successful bidder. However, the City reserves the right to purchase the items from state or other governmental
contract, or on an as-needed basis through the City's spot market purchase provisions.
66. SUBSTITUTIONS. After award of contract, the City WILL NOT accept substitute shipments of any kind, without
previous written approval. The bidder is expected to furnish the brand quoted in its bid. Any substitute shipments
will be returned at the bidder's expense.
67. TAXES. The City of Miami Beach is exempt from all Federal Excise and State taxes.
68. TIE BIDS. In accordance with Florida Statues Section 287.087, regarding identical tie bids, preference will be
given to bidders certifying that they have implemented a drug free work place program. A certification form will be
required. In the event of a continued tie between two or more bidders after consideration of the drug free workplace
program, the City's Local Preference and Veteran Preference ordinances will dictate the manner by which a tie is to
be resolved. In the event of a continued tie after the Local and Veteran Preference ordinances have been applied or
the tie exists between bidders that are not Local or Veteran, the breaking of the tie shall be at the City Manager's
ITB 2014-083-LR 13
�1AMI B E. C
discretion, which will make a recommendation for award to the City Commission.
69. TERMINATION FOR DEFAULT. If the successful bidder shall fail to fulfill in a timely manner, or otherwise
violate, any of the covenants, agreements, or stipulations material to the Bid and/or the contract entered into with the
City pursuant thereto, the City shall thereupon have the right to terminate the work and/or services then remaining to
be performed by giving written notice to the bidder of such termination, which shall become effective upon receipt by
the bidder of the written termination notice.
In that event, the City shall compensate the successful bidder in accordance with the term of the contract for all work
and/or services satisfactorily performed by the bidder prior to termination, net of any costs incurred by the City as a
consequence of the default.
Notwithstanding the above., the successful bidder shall not be relieved of liability to the City for damages sustained
by the City by virtue of any breach of the contract by the bidder, and the City may reasonably withhold payments to
the successful bidder for the purposes of set off until such time as the exact amount of damages due the City from
the successful bidder is determined.
The City may, at its discretion, provide reasonable "cure period"for any contractual violation prior to termination of
the contract; should the successful bidder fail to take the corrective action specified in the City's notice of default
within the allotted cure period, then the City may proceed to terminate the contract for cause in accordance with this
subsection 1.57.
70. TERMINATION FOR CONVENIENCE OF CITY. The City may, for its convenience, terminate the work and/or
services then remaining to be performed, at any time, by giving written notice to the successful bidder of such
termination, which shall become effective thirty (30) days following receipt by bidder of such notice. In that event, all
finished or unfinished documents and other materials shall be properly delivered to the City. If the contract is
terminated by the City as provided in this subsection, the City shall compensate the successful bidder in accordance
with the terms of the contract for all and without cause and/or any resulting liability to the City, work and/or services
actually performed by the successful bidder, and shall also compensate the bidder for its reasonable direct costs in
assembling and delivering to City all documents. No compensation shall be due to the successful bidder for any
profits that the successful bidder expected to earn on the balanced of the contract. Such payments shall be the total
extent of the City's liability to the successful bidder upon a termination as provided for in this subsection.
71. UNDERWRITERS' LABORATORIES. Unless otherwise stipulated in the Bid, all manufactured items and
fabricated assemblies shall be U.L. listed or re-examination listing where such has been established by U.L. for the
item(s) offered and furnished.
ITB 2014-08 3-LR 14
i
AIN
EIA /AIA/Mi LEA
SECTION 0300 PROPOSAL SUBMITTAL INSTRUCTIONS AND FORMAT
1. SEALED BIDS. One original Bid Proposal (preferably in 3-ring binder) must be submitted in an opaque, sealed
envelope or container on or before the due date established for the receipt of bids. Additionally, three (3) bound
copies and one (1) electronic format (CD or USB format) are to be submitted. The following information should be
clearly marked on the face of the envelope or container in which the bid is submitted: Bid Number, Bid Title, Bidder's
Name, and Bidder's Return Address. Bids received electronically, either through email or facsimile, are not
acceptable and will be rejected.
2. BID PROPOSAL. The Bid Proposal is to include the following:
® TAB 1 m Bid Tender Form (Appendix A). The Bid Tender Form (Section 5) shall be completed
mechanically or, if manually, in ink. Bid Price Forms (Section 5) completed in pencil shall be deemed non-
responsive. All corrections on the Bid Price Form (Section 5) shall be initialed.
TAB 2- Bid Certification, Questionnaire and Affidavits (Appendix B).
2. LATE BIDS. Bid Proposals are to be received on or before the due date established herein for the receipt of Bids.
Any Bid received after the deadline established for receipt of proposals will be considered late and not be
accepted or will be returned to Proposer unopened. The City does not accept responsibility for any delays,
natural or otherwise.
i
ITB 2014-144-LR 15
APPENDIX "A "
N/� IAMI BEACH
Proposal Certification ,
Questionnaire &
Requirements Affidavit
ITB 2014- 144-LR
PURCHASE OF SNIPER RIFLES , DUTY
PISTOLS AND RELATED ACCESSORIES
DEPARTMENT OF PROCUREMENT MANAGEMENT
1700 Convention Center Drive
Miami Beach, Florida 33139
f
Solicitation No: Solicitation Title:
2014-144-LR Sniper Rifles, Duty Pistols and Related Accessories
Procurement Contact: Tel: Email:
Lourdes Rodriguez 305.673.7000 X 6652 1 LourdesRoddguez@MiamiBeachfi.gov
PROPOSAL CERTIFICATION, QUESTIONNAIRE & REQUIREMENTS AFFIDAVIT
Purpose: The purpose of this Proposal Certification, Questionnaire and Requirements Affidavit Form is to inform
prospective Proposers of certain solicitation and contractual requirements, and to collect necessary Information from
Proposers in order that certain portions of responsiveness, responsibility and other determining factors and
compliance with requirements may be evaluated. This Proposal Certification, Questionnaire and Requirements
Affidavit Form is a REQUIRED FORM that must be submitted fully completed and executed.
1. General Proposer Information.
FIRM NAME:
C c c,
No of Years in Business: No 01 Years in Business Locally: I
OTHER NAME(S)PROPOSER HAS OPERATED UNDER IN THE LAST 10 YEARS:
FIRM PRIMARY ADDRESS(HEADQUARTERS):_. W . fY) or��j,4 4-
CITY:
e.n
STATE: � � ZIP CODE:
c
TELEPHONE NO.: 0 � - '�0 t ' (•
TOLL FREE NO.: () f
FAX NO.:
FIRM LOCAL ADDRESS: i ) C'j
CITY: V�
Grnl
STATE: L ZIP CODE:
PRIMARY ACCOUNT REPRESENTATIVE FOR THIS ENGAGEMENT: 1?) I I
1 (
ACCOUNT REP TELEPHONE NO.: , C 3 9 0 S-51
ACCOUNT REP TOLL FREE NO.: 3 o S 3 0
ACCOUNT REP EMAIL:
h Q c- f C-0,m
FEDERAL TAX IDENTIFICATION NO.:
3 `l - I S S I "a
The City reserves the right to seek additional information from Proposer or other source(s), including but not limited to:any firm or principal
information, applicable licensure, resumes of relevant individuals, client information,financial information, or any information the City deems
necessary to evaluate the capacity of the Proposer to perform in accordance with contract requirements.
Miami Beach
ITB 2014-144-LR
Appendix A—Page 1
r
1. Miami Beach Based(Local Vendor.Is Proposer claimi Miami Beach based firm status?
b YES �0
SUBMITTAL REQUIREMENT: Proposers claiming Miami Beach vendor status shall submit a Business Tax Receipt issued by the
City of Miami Beach and the proof of residency requirement, as required pursuant to ordinance 2011-3747,to demonstrate that the
Proposer is a Miami Beach Based Vendor.
2. Veteran Owned Business.Is Proposer claiming a veteran owned business status?
0 YES 0
SUBMITTAL REQUIREMENT: Proposers claiming veteran owned business status shall submit a documentation proving that firm
is certified as a veteran-owned business or a service-disabled veteran owned business by the State of Florida or United States
federal government,as required pursuant to ordinance 2011-3748.
4. Financial Capacity. Each Proposer shall arrange for Dun &Bradstreet to submit a Supplier Qualification Report(SQR)directly to
the Procurement Contact named herein. No proposal will be considered without receipt, by the City,of the SQR directly from Dun
& Bradstreet. The cost of the preparation of the SQR shall be the responsibility of the Proposer. The Proposer shall request the
SQR report from D&B at:
https:Hsupplierportal dnb com/webapp/wes/stores/serviet/SupplierPortal?storeld=11696
Proposers are responsible for the accuracy of the information contained in its SQR. It is highly recommended that each
Proposer review the information contained in its SQR for accuracy prior to submittal to the City and as early as possible
in the solicitation process. For assistance with any portion of the SQR submittal process, contact Dun & Bradstreet at
800.424.2495.
SUBMITTAL REQUIREMENT: Proposer shall request that Dun & Bradstreet submit its Supplier Qualifier Report directly to the
City,with bid or within 2 days of request.
5. Litigation History. Proposer shall submit a statement of any litigation or regulatory action that has been filed against you r firm(s)
in the last five years. If an action has been filed,state and describe the litigation or regulatory action filed, and identify the court or
agency before which the action was instituted, the applicable case or file number, and the status or disposition for such reported
action. If no litigation or regulatory action has been filed against your firm(s), provide a statement to that effect. If"No"litigation or
regulatory action has been filed against your firm(s),please provide a statement to that effect.Truthful and complete 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.
6. Conflict Of Interest.All Proposers must disclose,in their Proposal,the name(s)of any officer,director,agent,or immediate family
member (spouse, parent, sibling, and child) who is also an employee of the City of Miami Beach. Further, all Proposers must
disclose the name of any City employee who owns, either directly or indirectly, an interest of ten (10%) percent or more in the
Proposer entity or any of its affiliates.
SUBMITTAL REQUIREMENT: Proposers must disclose the name(s) of any officer, director, agent, or immediate family member
(spouse,parent,sibling, and child)who is also an employee of the City of Miami Beach. Proposers must also disclose the name of
any City employee who owns,either directly or indirectly,an interest of ten (10%)percent or more in the Proposer entity or any of
its affiliates.
7. References&Past Performance. Proposer shall submit at least three(3)references for whom the Proposer has completed work
similar in size and nature as the work referenced in solicitation.
SUBMITTAL REQUIREMENT: For each reference submitted, the following information is required: 1) Firm Name, 2) Contact
Individual Name&Title,3)Address,4)Telephone,5)Contact's Email and 6)Narrative on Scope of Services Provided.
i
Miami Beach
ITB 2014-144-LR
Appendix A—Page 2
i
i
1
8. Suspension,Debarment or Contract Cancellation.Has Pro oser ever been debarred suspended or other legal violation,or had
p � P p 9
a contract cancelled due to non-performance by any puVid sector agency?
0 YES NO
SUBMITTAL REQUIREMENT: If answer to above is "YES," Proposer shall submit a statement detailing the reasons that led to
action(s).
9. Vendor Campaign Contributions. Proposers are expected to be or become familiar with, the City's Campaign Finance Reform
laws, as codified in Sections 2-487 through 2-490 of the City Code. Proposers shall be solely responsible for ensuring that all
applicable provisions of the City's Campaign Finance Reform laws are complied with,and shall be subject to any and all sanctions,
as prescribed therein,including disqualification of their Proposals,in the event of such non-compliance.
SUBMITTAL REQUIREMENT: Submit the names of all individuals or entities (including your sub-consultants) with a controlling
financial interest as defined in solicitation. For each individual or entity with a controlling financial interest indicate whether or not
each individual or entity has contributed to the campaign either directly or indirectly, of a candidate who has been elected to the
office of Mayor or City Commissioner for the City of Miami Beach.
10. Code of Business Ethics. Pursuant to City Resolution No.2000-23879, each person or entity that seeks to do business with the
City.shall adopt.a.Code of Business Ethics ("Code")and submit that-Code to the Procurement Division with its proposal/response
or within five(5)days upon receipt of request. The Code shall, at a minimum, require the Proposer, to comply with all applicable
govemmental rules and regulations including, among others, the conflict of interest, lobbying and ethics provision of the City of
Miami Beach and Miami Dade County.
SUBMITTAL REQUIREMENT: Proposer shall submit firm's Code of Business Ethics. In lieu of submitting Code of Business
Ethics,Proposer may submit a statement indicating that it will adopt,as required in the ordinance,the City of Miami Beach Code of
Ethics,available at www.miamibeachfl.gov/procurement/.
11. Living Wage. Pursuant to Section 2-408 of the Miami Beach City Code, as same may be amended from time to time, Proposers
shall be required to pay all employees who provide services pursuant to this Agreement,the hourly living wage rates listed below:
• Commencing with City fiscal year 2012-13(October 1,2012),the hourly living rate will be$11.28/hr with health
benefits,and$12.92/hr without benefits.
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. Department 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 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 proposal,under which the City may,
at its sole option, immediately deem said Proposer as non-responsive, and may further subject Proposer to additional penalties
and fines, as provided in the City's Living Wage Ordinance, as amended. Further information on the Living Wage requirement is
available at www.miamibeachfl.gov/procurement/.
SUBMITTAL REQUIREMENT: No additional submittal is required. By virtue of executing this affidavit document, Proposer agrees
to the living wage requirement.
12. Equal Benefits for Employees with Spouses and Employees with Domestic Partners. When awarding competitively solicited
contracts valued at over$100,000 whose contractors maintain 51 or more full time employees on their payrolls during 20 or more
calendar work weeks, the Equal Benefits for Domestic Partners Ordinance 2005-3494 requires certain contractors doing business
with the City of Miami Beach, who are awarded a contract pursuant to competitive proposals, to provide"Equal Benefits"to their
employees with domestic partners, as they provide to employees with spouses. The Ordinance applies to all employees of a
Contractor who work within the City limits of the City of Miami Beach,Florida;and the Contractor's employees located in the United
States, but outside of the City of Miami Beach limits, who are directly performing work on the contract within the City of Miami
Beach.
r
Miami Beach
ITB 2014-144-LR
Appendix A—Page 3
A. Does your company provide or offer access to any benefits to employees with spouses or to spouses of employees?
YES 0 NO
B. Does your company provide or offer access to any benefits to employees with(same or opposite sex)domestic partners'or to
domestic partners of employees?
0 YES NO
C. Please check all benefits that apply to your answers above and list in the "other" section any additional benefits not already
specified. Note: some benefits are provided to employees because they have a spouse or domestic partner, such as bereavement
leave;other benefits are provided directly to the spouse or domestic partner,such as medical insurance.
BENEFIT Firm Provides for Firm Provides for Firm does not
Employees with Employees with Provide Benefit
Spouses Domestic Partners
Health
Sick Leave X
Family Medical Leave
Bereavement Leave
If Proposer cannot offer a benefit to domestic partners because of reasons outside your control, (e.g., there are no insurance
providers in your area willing to offer domestic partner coverage) you may be eligible for Reasonable Measures compliance. To
comply on this basis, you must agree to pay a cash equivalent and submit a completed Reasonable Measures Application
(attached)with all necessary documentation.Your Reasonable Measures Application will be reviewed for consideration by the City
Manager, or his designee. Approval is not guaranteed and the City Manager's decision is final. Further information on the Equal
Benefits requirement is available at www.miamibeachfl.gov/procurement/.
13. Public Entity Crimes.Section 287.133(2)(a),Florida Statutes,as currently enacted or as amended from time to time,states that a
person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit
a proposal, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a proposal,
proposal,or reply on a contract with a public entity for the construction or repair of a public building or public work;may not submit
proposals, proposals,or replies on leases of real property to a public entity;may not be awarded or perform work as a contractor,
supplier, subcontractor, or consultant under a contract with any public entity;and may not transact business with any public entity
in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months following the date of
being placed on the convicted vendor list.
SUBMITTAL REQUIREMENT: No additional submittal is required. By virtue of executing this affidavit document, Proposer agrees
with the requirements of Section 287.133,Florida Statutes,and certifies it has not been placed on convicted vendor list.
14. Acknowledgement of Addendum. After issuance of solicitation, the City may release one or more addendum to the solicitation
which may provide additional information to Proposers or alter solicitation requirements. The City will strive to reach every
Proposer having received solicitation through the City's e-procurement system, PublicPurchase.com. However, Proposers are
solely responsible for assuring they have received any and all addendum issued pursuant to solicitation.This Acknowledgement of
Addendum section certifies that the Proposer has received all addendum released by the City pursuant to this solicitation. Failure
to obtain and ac nowledge receipt of all addendum may result in proposal disqualification.
Initial to Onfirm Initial to Confirm Initial to Confirm
R c i t Receipt Receipt
Addendum 1 Addendum 6 Addendum 11
Addendum 2 Addendum 7 Addendum 12
Addendum 3 Addendum 8 Addendum 13
Addendum 4 Addendum 9 Addendum 14
Addendum 5 Addendum 10 Addendum 15
If additional confirmation of addendum is required,submit under separate cover.
Miami Beach
ITB 2014-144-LR
Appendix A—Page 4
o • P o •
The solicitation,referenced herein is being furnished to the recipient by the City of Miami Beach (the"City")for the recipient's convenience.
Any action taken by the City in response to Proposals made pursuant to this solicitation, or in making any award, or in failing or refusing to
make any award pursuant to such Proposals, or in cancelling awards, or in withdrawing or cancelling this solicitation, either before or after
issuance of an award,shall be without any liability or obligation on the part of the City.
In its sole discretion, the City may withdraw the solicitation either before or after receiving proposals, may accept or reject proposals, and
may accept proposals which deviate from the solicitation, as it deems appropriate and in its best interest. In its sole discretion, the City may
determine the qualifications and acceptability of any party or parties submitting Proposals in response to this solicitation.
Following submission of a Bid or Proposal, the applicant agrees to deliver such further details, information and assurances, including
financial and disclosure data, relating to the Proposal and the applicant including, without limitation, the applicant's affiliates, officers,
directors,shareholders, partners and employees,as requested by the City in its discretion.
The information contained herein is provided solely for the convenience of prospective Proposers. It is the responsibility of the recipient to
assure itself that information contained herein is accurate and complete.The City does not provide any assurances as to the accuracy of any
information in this solicitation.
Any reliance on these contents,or on any permitted communications with City officials,shall be at the recipient's own risk. Proposers should
rely exclusively on their own investigations, interpretations, and analyses.The solicitation is being provided by the City without any warranty
or representation, express or implied, as to its content, its accuracy, or its completeness. No warranty or representation is made by the City
or its agents that any Proposal conforming to these requirements will be selected for consideration, negotiation,or approval.
The City shall have no obligation or liability with respect to this solicitation,the selection and the award process,or whether any award will be
made.Any recipient of this solicitation who responds hereto fully acknowledges all the provisions of this Disclosure and Disclaimer, is totally
relying on this Disclosure and Disclaimer, and agrees to be bound by the terms hereof.Any Proposals submitted to the City pursuant to this
solicitation are submitted at the sole risk and responsibility of the party submitting such Proposal.
This solicitation is made subject to correction of errors, omissions, or withdrawal from the market without notice. Information is for guidance
only, and does not constitute all or any part of an agreement.
The City and all Proposers will be bound only as, if and when a Proposal (or Proposals), as same may be modified, and the applicable
definitive agreements pertaining thereto, are approved and executed by the parties, and then only pursuant to the terms of the definitive
agreements executed among the parties.Any response to this solicitation may be accepted or rejected by the City for any reason, or for no
reason,without any resultant liability to the City.
The City is governed by the Government-in-the-Sunshine Law, and all Proposals and supporting documents shall be subject to disclosure as
required by such law. All Proposals shall be submitted in sealed proposal form and shall remain confidential to the extent permitted by
Florida Statutes, until the date and time selected for opening the responses. At that time, all documents received by the City shall become
public records.
Proposers are expected to make all disclosures and declarations as requested in this solicitation. By submission of a Proposal, the Proposer
acknowledges and agrees that the City has the right to make any inquiry or investigation it deems appropriate to substantiate or supplement
information contained in the Proposal,and authorizes the release to the City of any and all information sought in such inquiry or investigation.
Each Proposer certifies that the information contained in the Proposal is true, accurate and complete, to the best of its knowledge,
information, and belief.
Notwithstanding the foregoing or anything contained in the solicitation, all Proposers agree that in the event of a.final unappealable judgment
by a court of competent jurisdiction which imposes on the City any liability arising out of this solicitation, or any response thereto, or any
action or inaction by the City with respect thereto, such liability shall be limited to$10,000.00 as agreed-upon and liquidated damages. The
previous sentence, however, shall not be construed to circumvent any of the other provisions of this Disclosure and Disclaimer which
imposes no liability on the City.
In the event of any differences in language between this,Disclosure and Disclaimer and the balance of the solicitation, it is understood that
the provisions of this Disclosure and Disclaimer shall always govern. The solicitation and any disputes arising from the solicitation shall be
governed by and construed in accordance with the laws of the State of Florida.
Miami Beach
ITB 2014-144-LR
Appendix A—Page 5
1 �
PROPOSERCERTIFICATION
hereby certify that: I, as an authorized agent of the Proposer, am submitting the following information as my firm's
proposal; Proposer agrees to complete and unconditional acceptance of the terms and conditions of this document,
inclusive of this solicitation,all attachments, exhibits and appendices and the contents of any Addenda released hereto,
and the Disclosure and Disclaimer Statement; Proposer agrees to be bound to any and all specifications, terms and
conditions contained in the solicitation, and any released Addenda and understand that the following are requirements
of this solicitation and failure to comply will result in disqualification of proposal submitted; Proposer has not divulged,
discussed, or compared the proposal with other Proposers and has not colluded with any other Proposer or party to any
other proposal; Proposer acknowledges that all information contained herein is part of the public domain as defined by
the State of Florida Sunshine and Public Records Laws; all responses, data and information contained in this proposal,
inclusive of the Proposal Certification, Questionnaire and Requirements Affidavit are true and accurate.
Name of Proposer's Authorized Representative: Title of Proposer's Authorized Representative:
rI< I C ci r .r-
M re of Proposer' Autho ized Repr entative Date:. ....
1
3 - Ll
State J A N o- ) On this 2 5 day of M A«►, , 20 lk personally
appeared before me r.c i who
County of stated that (s)he is the C1 e
of a corporation, and that the instrument was signed in behalf of
the said corpo?6bti&4 y authority of its board of directors and acknowledged said
instrument to be its voluntary act and deed. Before me:
NOTARY PUBLIC
ROC(INGHAM COUNTY,NC Notary Public for the State of t-F c-
COMMISSION EXPIRES 1.2 -+s My Commission Expires:
Miami Beach
ITB 2014-144-LR
Appendix A—Page 6
APPENDIX B
/\AIA/V I BEACH
® Bid " F
ITI3 2
PURCHASE . OF SNIPER RIFLES, DUTY
PISTOLS AND RELATED ACCESSORIES
DEPARTMENT OF PROCUREMENT MANAGEMENT
1700 Convention Center Drive
Miami Beach, Florida 33139
°
?i.'.,E}upau•_.��a .�••.'luii ;::3+•:,v __ a 3 •,t._to•,.. a •" _
bats::s..
�a
a.-,. ,._.,...•-•,-•-�... ,.: ."..r. ^--Sri",.. •......., y ..� -
_ t .
Statement of No Bid
WE HAVE ELECTED NOT TO SUBMIT A PROPOSAL AT THIS TIME FOR
REASON(S) CHECKED AND/OR INDICATED BELOW:
Workload does not allow us to proposal
Insufficient time to respond
Specifications unclear or too restrictive
Unable to meet specifications
Unable to meet service requirements
Unable to meet insurance requirements
Do not offer this product/service
OTHER. (Please specify)
We do_do not_want to be retained on your mailing list for future proposals
of this type product and/or service.
Signature:
Title:
Legal Company Name:
Note: Failure to respond, either by submitting a proposal or this completed form,
may result in your company being removed from our vendors list.
PLEASE RETURN TO:
CITY OF MIAMI BEACH
DEPT. OF PROCUREMENT MANAGEMENT
ATTN: Lourdes Rodriguez
BID#: 2014-144-LR
1700 Convention Center Drive
MIAMI BEACH, FL 33139
Miami Beach
ITB 2014-144-LR
Appendix B—Page 1
APPENDIX E
M BEACH
Cost Proposal Form
ITB 2014- 144-LR
PURCHASE OF SNIPER RIFLES , DUTY
PISTOLS AND RELATED ACCESSORIES
DEPARTMENT OF PROCUREMENT MANAGEMENT
1700 Convention Center Drive
Miami Beach, Florida 33139
i
APPENDIX A
PROPOSAL TENDER FORM
• o o • o e -o • •-.• o •• e
• • • ••• 41 LOA I No ' • •- • 0 •0 0 •- 0 0
Bidder affirms that the prices stated on the proposal price form below represents the entire cost of the items in
full accordance with the requirements of this ITB, inclusive of its terms, conditions, specifications and other
requirements stated herein, and that no claim will be made on account of any increase in wage scales,
material prices, delivery delays, taxes, insurance, cost indexes or any other unless a cost escalation provision
is allowed herein and has been exercised by the City Manager in advance. The Bid Price Form (Section 5)
shall be completed mechanically or, if manually, in ink. Bid Price Forms (Section 5) completed in pencil
shall be deemed non-responsive.All corrections on the Bid Price Form (Section 5) shall be initialed.
Item EXTENDED
No. DESCRIPTION UOM QTY UNIT PRICE PRICE
GROUP 1:PISTOLS
Pistol,Brand:Smith&Wesson Military&Police 40(S&W M&P
1 40 per specifications. Each 20 $ C $ 5 5. C3
Pistol, Brand:Smith&Wesson Military and Police 40 Compact
2 (S&W M&P 40C),per specifications. Each 3 s3l $ 1
Pistol,Brand:Smith&Wesson Military and Police 40 Compact
3 S&W M&P 40C),per specifications. Each 5 $�� $( � Oj J
GROUP 2:RIFLES AND RELATED ACCESSORIES $ $
Rifle,Brand:Accuracy International LTD,Model:AX308,per
4 specifications. Each 5 $ c) $
Rifle Scope, Brand: NightForce,Model:NIGC358,per
5 specifications. Each 5 $ $
6 Suppressor,Brand:Arbiter,per specifications. Each 2 $ $
Harris Extends, Brand:Harris, Model: HBPBRMS,per
7 specifications. Each 5 $ $
8 Bi od,Brand:Harris,Model:GG&G,per specifications. Each 5 $ $
Cleaning Rod Boreguide,Brand:Accuracy International LTD,
9 Model:ACC3700,per specifications. Each 5 $ $
Sling/Carrying Harness,Brand:Accuracy International LTD,
10 Model:ACC3700,per specifications. Each 5 $ $
Tactical Carbine/Takedown Rifle/Shotgun Hard Side Case,
11 Brand:BOYT,Model:BOY H36,per specifications. Each 5 $ $
Rifle Magazine,Brand:Accuracy International LTD,Model:
ACC6677,AX Rifle.308/7.62 Magazine, 10 round,per
12 specifications. Each 5 $ $
Objective Flip Open Scope Cover 30, Brand: Butler Creek,
13 Model:30300,per specifications. Each 5 $ $
Flip Open 03 Eye Scope Lens Cover,Brand:Butler Creek,
14 Model:20035,per specifications. Each 5 $ $
Night Vision Scope, Brand: Insight Technology,Model:
PVS241M2124,CNVD-12,Delta FOM 1600 Max,Black,per
15 specifications. Each 3 1 $ $ I
GRAND TOTAL $ U
Miami Beach
ITB 2014-144-LR
Appendix E—Page 1
i
is
Bidder'- ' •
Company: I C 0 0 .
Authorized Representative: `(
cz Address: ). '�t?;r �-e U r-O
Telephone: _ ^ t .�U
Email: cQ s4 id s<, G C'
Authorized Representati e's Si nature: `
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i
Miami Beach
ITB 2014-144-LR
Appendix E—Page 2
APPENDIX F
A I At\l'\ I -B EAC H
Insurance Requirements
ITI3 2014- 144-LR
PURCHASE OF SNIPER RIFLES., DUTY
PISTOLS AND RELATED ACCESSORIES
DEPARTMENT OF PROCUREMENT MANAGEMENT
1700 Convention Center Drive
Miami Beach, Florida 33139
I A-4
INSURANCE REQUIREMENTS
Page Intentionally Left Blank
Miami Beach
ITB 2014-083-LR
Appendix F—Page 1
HA SAFETY SUPPLY
Litigation history: Dana Safety Supply has not had any litigation or regulatory
action filed against it in the past five years>
Conflict of Interest: No member of Dana Safety Supply or their immediate family
are employed by the City of Miami Beach.
No employee of the City of Miami Beach, directly or indirectly, has an interest of
10% or more in Dana Safety Supply.
References:
Miami-Dade County
Jose Jimenez— Purchasing
9105 NW 25th St. Miami, Fl 33172
iiimenez@mdpd.com
305-471-2903
Current multi-year contract to supply emergency vehicle equipment to the police
department
City of Miami
John Babos
1390 NW 20th St. Miami, Fl 33142
ibabos @miamigov.com
305-329-4874
Current contract to supply emergency vehicle equipment to the police
department
City of Miami Gardens
David Motola
1515 NW 167st. Miami Gardens, Fl 33169
dmotola @miamigardens-fl.gov
305-622-8024
Current contract to supply emergency vehicle equipment to the police
department
Vendor campaign contributions: None
I
Code of Business Ethics: Dana Safety Supply will adopt The City of Miami Beach
Code of Ethics.