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Certification of Contract with Franmar Corporation I • BEACH 3 ' 1, CITY OF MIAMI BEACH CERTIFICATION OF CONTRACT TITLE: For: Bus Transportation Services CONTRACT NO.: 2016-031-ITB-AK EFFECTIVE DATE(S): This Contract shall remain in effect for two (2) years, and may be renewed at the sole discretion of the City, though its City Manager, for three (3) additional (1) years terms. The Contracts will offer flexible resources to ensure that the Parks and Recreation Department is able fulfill its requirements relative to bus transportation needs in a timely manner at the bid prices. SUPERSEDES: N/A CONTRACTOR(S): Franmar Corporation (Secondary Vendor Group 1) (Primary Vendor Group 2 Rotational Basis or on Availability) (Primary Vendor for Group 3) (Primary Vendor for Group 4). ESTIMATED ANNUAL CONTRACT AMOUNT: $70,000.00 A. AUTHORITY - Upon affirmative action taken by the Mayor and City Commission of the City of Miami Beach, Florida, on March 9, 2016 for approval to award a contract, upon execution between the City of Miami Beach, Florida, and Franmar Corporation, a Florida corporation (The Contractor). B. . EFFECT - This Contract is entered into to provide for Bus Transportation Services pursuant to City Invitation to Bid No. 2016-031-ITB-AK 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 2016-031-ITB-AK. D. CONTRACTOR PERFORMANCE - City of Miami Beach departments shall report any failure of Contractor's performance (or failure to perform) according to the requirements of the Contract Documents to City of Miami Beach, John Rebar, Parks and Recreation — Parks Director at 305-673-7000 ext. 6643. E. INSURANCE CERTIFICATE(S) - The Contractor shall file Insurance Certificates, as required, which must be signed by a Registered Insurance Agent licensed in the State of 1 Page 5 Certification of Contract IN WITNESS WHEREOF the City and Contractor have caused this Certification of Contract to be signed and attested on this 2S day of /)'2 , 20 fC , by their respective duly authorized representatives. FRANMAR COPRPORATION., CITY OF MIAMI BEACH By inCbdidal to Ry President/ Signature Phi p evine, Mayor Pac-Vnel 21/7244 Print Name Date /6 itt e 1 - ATTEST: ATTEST: 47,,N LiweiciA Secretary/ Signature -afael ' ' ranado, Cit Clerk INWIL-001n )404-vie ' "" 1 B/ 1 14#1 5 2 �l 4r�• • Print Name .! t ,--�. /,1 Uzwi PI° / I INCORP ORATED.: 6 ..-- # k.„„v N Date .. . 0. t°�...f ti'r` •`J7 MICHELLE MUNOZ MY COMMISSION#FF 153392 EXPIRES:August 21,2 018 ; ' Bonded Thru Budget Notary Services APPROVED AS TO FORM & LANGUAGE & FOR XECUTION 1 L9 • City Attorney 7 'j p® 5 ATTACHMENT A RESOLUTION COMMISSION ITEMS AND COMMISSION MEMORANDUM COMMISSION ITEM SUMMARY Condensed Title: REQUEST FOR APPROVAL TO AWARD CONTRACT PURSUANT TO INVITATION TO BID (ITB) NO. 2016-031-AK FOR BUS TRANSPORTATION SERVICES. Key Intended Outcome Supported: N/A Supporting Data(Surveys, Environmental Scan,etc: N/A Item Summary/Recommendation: The purpose of Invitation to Bid no. 2016-031-AK (the "bid") is to award contracts for bus transportation services for recreational programs to include(but not necessary limited to)after school,camp programs and various field trips for the Parks and Recreation Department. The referenced ITB was issued on December 9,2015.62 bid notices were issued.30 vendors downloaded the bid documents from PublicPurchase. On January 25, 2016 bids were received from: Air B School Bus Transportation, Inc., and Franmar Corporation, Inc. Both bids were deemed to be responsive to the requirements of the ITB. Air B School Bus Transportation, Inc., currently provides services to the Miami- Dade School Board and Broward District Schools, Franmar Corporation, Inc.,currently provides services to the Miami-Dade School Board and the City of Miami Beach. The successful bidders'contracts shall be executed for a period of two(2)years,and may be renewed at the sole discretion of the City,through its City Manager,for three(3)additional one(1)year terms.The contracts will offer flexible resources to ensure that the Parks and Recreation Department is able fulfill its requirements relative to bus transportation needs in a timely manner at the bid prices. RECOMMENDATION The Administration recommends that the Mayor and City Commission of the City of Miami Beach, Florida, approve the City Manager's recommendation pertaining to the bids received, pursuant to ITB 2016-031-AK for Bus Transportation Services. The City Manager has considered staff's recommendation and the bids received,pursuant to ITB 2016-031- AK,and recommend that the Mayor and City Commission of the City of Miami Beach, Florida,authorize the Mayor and City Clerk to execute contracts for the referenced services as follows: , • Group 1 Air B School Bus Transportation, Inc. Primary Franmar Corporation, Inc. Secondary Group 2 Tie bids were received. The department will select the vendor to use on a rotational basis, or based on availability. Group 3 Franmar Corporation, Inc. Primary Air B School Bus Transportation, Inc. Secondary Group 4 Franmar Corporation, Inc. Primary Air B School Bus Transportation, Inc. Secondary and further authorize the Mayor and City Clerk to execute the contract(s). • Advisory Board Recommendation: N/A Financial Inform i f n: _ Source of Amount Account Fund 1 $70,000 011-0950-00323 Total $70,000 Finan al Impact Summary: . City Clerk's Office Legislative Tracking: Alex Denis, John Rebar Sign-Offs: tit De•; ment irector Assista j� :na•er Cit ,a •er AD „AG JR 1� ! MSA AW - ./ / — r T:\AGENOA\2016\March\Procurement\2016-031-AK Bus Transportation\ITB 2016-031-AK Bus Transportation Services Corn ission Item Summary.doc \'. MIAMI BEACH AGENDA ITEM C 2' DATE -/.6 22 . . ; ; . i .-b, r-- . , Li City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov . COMMISSVi N MEMORANDUM TO: Mayor Philip Levine and Members the City •t• mission FROM: Jimmy L. Morales, City Manager DATE: March 9, 2016 SUBJECT: REQUEST FOR APPRO AL TO AWARD CONTRACT PURSUANT TO INVITATIO TO BID (ITB) NO. 2016-031-AK FOR BUS TRANSPORTATION SERVICES. FUNDING All expenditures pursuant to this contract will be based on approved funding appropriated to the respective department's budget. BACKGROUND The purpose of Invitation to Bid no. 2016-031-AK (the "bid") is to award contracts for bus transportation services for recreational programs to include (but not necessary limited to) after school, camp programs and various field trips for the Parks and Recreation Department. BID PROCESS The referenced ITB was issued on December 9, 2015. 62 bid notices were issued. 30 vendors downloaded the bid documents from PublicPurchase. On January 25, 2016 bids were received from: Air B School Bus Transportation, Inc., and Franmar Corporation, Inc. Both bids were deemed to be responsive to the requirements of the ITB. The bid tabulation is attached. Air B School Bus Transportation, Inc., currently provides services to the Miami- Dade School Board and Broward District Schools, Franmar Corporation, Inc., currently provides services to the Miami-Dade School Board and the City of Miami Beach. The successful bidders' contracts shall be executed for a period of two (2) years, and may be renewed at the sole discretion of the City, through its City Manager, for three (3) additional one (1) year terms. The contracts will offer flexible resources to ensure that the Parks and Recreation Department is able fulfill its requirements relative to bus transportation needs in a timely manner at the bid prices. 1 23 ITB 2016-031-AK Bus Transportation Services CITY MANAGER'S REVIEW AND RECOMENDATION I have considered staff's recommendation and the bids received, pursuant to ITB 2016-031-AK, and recommend that the Mayor and City Commission of the City of Miami Beach, Florida, authorize the Mayor and City Clerk to execute contracts for the referenced services as follows: Group 1 Air B School Bus Transportation, Inc. Primary Franmar Corporation, Inc. Secondary Group 2 Tie bids were received. The department will select the vendor to use on a rotational basis, or based on availability. Group 3 Franmar Corporation, Inc. Primary Air B School Bus Transportation, Inc. Secondary Group 4 Franmar Corporation, Inc. Primary Air B School Bus Transportation, Inc. Secondary JLM/EC/J AD T:IAGENDA1201 arch\Procurement\ITB-2016-031-AK BUS TRASNPORTATION MEMO.doc 2 24 co •_,,I.:. - (--) 4 o 0 0 0 0 0 0 - Co 0 0 6 q Z s 0 o 0 L.r ui tn. < - tn. cc 0 , s- o 'a)• 0 0 0 u n---,..'0:1- = = = cc •..f..,_-_-.- -.., ....., ......., < •4.'>".-:: dl o 0 0 2 ,7715- ail! 0 o o z H':40 odll 00 00 00 , < s..--.=, LrI ern u...) IJI V1 VI, IA tn1 " ...f•-• 0 0 0 ‘, : • --,3- 0 0 0 0 ..) ••'" • cs 0• 0 ci, 00 -t-.---. vi LS LI. —1• 0 -5., v). in. IA O < u = -• o o of v) 0 14, . = = co0. 6,-.:,- --.... ---. v.) '.›.- rx z i.7--- 0 0 0 ,..i 06 • tr), in. ...... •ill '41) o 0 0 1 j-t 0 0 0 CV a_11:1 r-1 r-4 ,I >,.. C (17: "2.'..:5•."..-.j 0 .4.., 0 = • " C.) C 0 (-) ' •:.,..,. cu U z tori - " 17' u -= a) LIJ . . CO U .0 7:3 T. 3 1- LLI > • ''a . ., -C UJ , CO 0 E til ,.• •- I._ — 5 , 2 co cc 0 at . .....: C C c CU•-C o_ 17- n • ,: • -C :E .t-2 .L'' .4., .= 3 3 § Er' I , C) 0 LA 0 0 0 as CZ CO CO < In ,= 0. 0_ 0. 0. CO CO CZ CO i.... ;,. 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Z - L-3 'u .4-,u 'u . �, .; cv ca iv CO 4 3` CO CO co, CO. i- co U u u u In Q n N n 01 n O;: V 'T N m L: Q le V)0 rn O O C. 00 C 00 1 9 0 0 0 0 0 0 C c C C !s! O 0 0 O c U U U U I- ,- �_ L CO n ,a L L L L W = • 3 3 3 3 co '^ VI VI LA V O Z - i 0 L L .0 L g -6 0 0 0 0 O O 0 0 N = U U U u N CO c V1 V1 N N E 26 THIS PAGE INTENTIONALLY LEFT BLANK 27 ATTACHMENT B INVITATION TO BID (ITB) AND ADDENDUMS MIAMI BEACH City of Miami Beach, 1755 -ccir„:Mic'?C aeceh =icridc 33139. cr becc:..gcv PROCUREMENT D_F.AR MEN7 • ADDENDUM NO. 1 INVITATION TO BID (ITB) NO. 2016-031-AK BUS TRANSPORTATION SERVICES January 20, 2016 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. I. RESPONSES TO QUESTIONS RECEIVED Q#1: Does the City allow using school buses that are more than (8) eight years since manufacture. A#1: Yes. The City will allow to use school buses manufactured in 2002 or later. Any 'questions regarding this Addendum should be submitted in writing to the Procurement Department to the attention of the individual named below, with a copy to the City Clerk's Office at RafaelGranadoerniamibeachffl.cov. Procurement Contact: Telephone: Email: Aneta Kamyczek 305-673-7000, ext. 6455 anetakamyczek @miamibeachfl.gov Proposers are reminded to acknowledge receipt of this addendum as part of your ITB submission. Potential proposers that have elected not to submit a response to the ITB are requested to complete and return the "Notice to Prospective Bidders" questionnaire with the reason(s)for not submitting a proposal. Sincerely, Alex Denis Procurement Director 1 ivf, I ,'-,. A '\. I B E AC El t. INVITATION TO BID (ITB sus I - 3'O-IATION S R. IC ES B 2016-03 -AK BID ISSUANCE DATE: DECEMBER 9, 2015 BID DUE: JANUARY 25 2016 @ 3:00 PM ISSUED BY: MIAMIBEACH Aneta Kamyczek, Contracting Officer I PROCUREMENT DEPARTMENT 1755 Meridian Ave, 3rd Floor, Miami Beach, Ft 33139 305.673.7000 x6650 I www.rniamibeachfl.gov s - �• BEACH TABLE OF CONTENTS SOLICITATION SECTIONS: PAGE 0100 NOT UTILIZED N/A 0200 INSTRUCTIONS TO BIDDERS & GENERAL CONDITIONS 3 0300 BID SUBMITTAL INSTRUCTIONS & FORMAT 16 APPENDICES: APPENDIX A PROPOSAL CERTIFICATON, 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 2016-031 -AK 2 t /\ I ,4 IV\ 1BEACH 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 (w,.',w.oublicourchase.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. PURPOSE. The purpose of this bid is to establish a contract with a licensed company for bus transportation services for recreational programs to include but not limited to after school and camp programs and various field trips for the Parks and Recreation Department, as specified herein. 3. SOLICITATION TIMETABLE.The tentative schedule for this solicitation is as follows: • ITB Issued December 9,2015 Pre-Bid Meeting. December 17,2015 @ 11:00AM Deadline for Receipt of Questions January 15, 2016 @ 5:00PM Responses Due January 25, 2016 @ 3:00PM Tentative Commission Approval Authorizing Award TBD 4. PROCUREMENT CONTACT.Any questions or clarifications concerning this solicitation shall be submitted to the Procurement Contact noted below: Procurement Contact: Telephone: Email: Aneta Kamyczek 305 673 7000#6455 anetakamyczek @rniamibeachi1.gov Additionally, the City Clerk is to be copied on all communications via email at: RafaelGranado c�Jmiamibeachfl.aov ; 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 ten (10) 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. 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. ITB 2016-031 -AK 3 P AC A Pre-Bid conference will be held as scheduled in Solicitation Timeline above at the following address: City of Miami Beach Procurement Department's Conference Room 1755 Meridian Ave, 3rd Floor 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 communications with the Procurement Director, or his/her administrative staff responsible for administering the 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 @miamibeachfl.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: htto:/ 4veb.miamibeachfl.cov/orocurBment'scroll.asox?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 • PREFERENCE FOR FLORIDA SMALL BUSINESSES OWNED AND CONTROLLED BY VETERANS AND TO STATE-CERTIFIED SERVICE- DISABLED VETERAN BUSINESS ENTERPRISES CITY CODE SECTION 2-374 ITB 2016-031-AK 4 t\/\ I t`v\ I B E AC • 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. 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 request for quotation, and such bids are responsive, responsible and otherwise equal with respect to quality and service, then the award shall be made to the service-disabled veteran business enterprise. 12. 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. 13. 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 ITB 2016-031-AK 5 k\trd 6 1'�y„��'d �, I B E AC H to be in the best interest of the City. The City Commission shall consider the City Manager's recommendation(s)and, may approve or reject the City Manager's recommendation(s). The City Commission may also reject all bids received. In 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. 14. MULTIPLE AWARDS.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. 15. 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. 16. 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. • 17. 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. 18. 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. 19. 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 ITB 20 1 6-031-AK 6 .s \ I AAA I BEAC 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. 20. 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). 21. 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. 22. 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. 23. 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. 24. 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. 25. BILLING INSTRUCTIONS. Invoices, unless otherwise indicated, must show purchase order numbers and shall be submitted to the ordering City department. 26. 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 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. 27. 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. 28. 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 seven (7) calendar days prior to the scheduled Bid opening date, a request for clarification. Any interpretation of the Bid, including, without limitation, responses to questions and request for clarification(s) from ITB 2016-031-AK - 7 t\/\ 1 ;---4,1`\,/ \ I BEACH 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 Procurement Department 1755 Meridian Ave, 3rd floor, Miami Beach, FL 33139 with a copy to the City Clerk. 29. 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. 30. 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. 31. 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 days in the event that a subsequent contract has not yet been awarded. Additional extensions past the 120 days may occur as needed by the City and as mutually agreed upon by the City and the contractor. 32. 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 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. 33. 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. 34. 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. ITB 2016-031-AK 8 ,to, I NV\ I E/ \C t 5, 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. 35. DISPUTES. 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. 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. 36. 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. 37. 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 ITB 2016-031-AK 9 \/!fit ;L ± I;lr�t\f E1 \C i 4 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. • 38. 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. 39. 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. 40. 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. 41. 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) 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. 42. 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. 43. FLORIDA PUBLIC RECORDS LAW. Bidders are hereby notified that all Bid 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 (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. ITB 2016-031-AK 10 it /\ j EAR /-\.,A, I A• , 44. F.O.E. 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. 45. 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. 46. 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. 47. 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 bidders expense. 48. 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. 49. 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. 50. 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 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. 51. 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 ITB 2016-031-AK 11 " I BEACH 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. 52. 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. 53. MODIFICATIONIWITHDRAWALS 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. 54. 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. 55. 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. 56. 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. 57. 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. 58. 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. 59. 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 ITB 2016-031-AK 12 I ' BEACH Conditions). The Bidder may offer cash discounts for prompt payments; however, such discounts will not be considered in determining the Iowestpriceduring 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). 60. 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. 61. 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. 62. 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) days after bid opening. All samples will be disposed of after thirty (30) 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, 1755 Meridian Ave, 3rd Floor, Miami Beach, FL 33139. 63. SPECIAL CONDITIONS. Any and all Special Conditions that may vary from these General Terms and Conditions shall have precedence. 64. 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. 65. 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. 66.TAXES. The City of Miami Beach is exempt from all Federal Excise and State taxes. 67. 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 discretion,which will make a recommendation for award to the City Commission. 68. 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 ITB 2016-031-AK 13 /1\ A IBE AC H v ‘,/ 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. 69. 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. 70. 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. 71. ADDITIONAL SERVICES. Although this solicitation and resultant contract identifies specific goods, services or facilities ("items"), it is hereby agreed and understood that the City, through the approval of the Department and Procurement Directors (for additional items up to $50,000) or the City Manager (for additional items greater than $50,000), may require additional items to be added to the Contract which are required to complete the work. When additional items are required to be added to the Contract, awarded vendor(s), as applicable to the item being requested, under this contract may be invited to submit price quote(s) for these additional requirements. If these quote(s) are determined to be fair and reasonable, then the additional work will be awarded to the current contract vendor(s) that offers the lowest acceptable pricing. The additional items shall be added to this contract by through a Purchase Order(or Change Order if Purchase Order already exists). In some cases, the City may deem it necessary to add additional items through a formal amendment to the Contract, to be approved by the City Manager. ITB 2016-031-AK 14 ' ( IV� 3 . \i A 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, with the original submission or within two (2)days of request by the City. 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, Bidders Name, Bidder Return Address. Bids received electronically, either through email or facsimile, are not acceptable and will be rejected. Deliver to the City of Miami Beach, Procurement Department located at 1755 Meridian Ave, 3rd floor, Miami Beach, Florida 33139. 2. BID PROPOSAL. The Bid Proposal is to include the following: • TAB 1 — Cost Proposal Form (Appendix A). The Cost Proposal-Form (Appendix E) shall be completed mechanically or, if manually, in ink. Cost Proposal Forms submitted in pencil shall be deemed non- responsive. All corrections on the Cost Proposal Form shall be initialed. • TAB 2—Bid Certification, Questionnaire and Affidavits(Appendix A) • TAB 3—Other related documents: Miami Dade School District Private Bus List listing confirmation. 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. ITB 2016-031 -AK 15 1,,/d /A,MIBEACH APPENDIX "A" Proposal Certification , Questionnaire & Requirements Affidavit ITB 201 6-031 -AK BUS TRANSPORTATION SERVICES PROCUREMENT DEPARTMENT 1755 Meridian Ave. 3rd floor Miami Beach, Florida 33139 ITB 2016-031 AK 16 ' A AIBE AC H , v Solicitation No: 2016-031-AK Solicitation Title: Bus Transportation Services Procurement Contact:Aneta Tel:305-673-7000# Kamyczek 6455 Email: karnvcz k d)mic 'iceechfl.CP/ 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 are a REQUIRED FORK!that must be submitted fully completed and executed. 1. General Proposer Information. FIRM NAME: No of Years in Business: No of Years in Business Locally: No of Employees: OTHER NAME(S)PROPOSER HAS OPERATED UNDER IN THE LAST 10 YEARS: FIRM PRIMARY ADDRESS(HEADQUARTERS): CITY: STATE: ZIP CODE: TELEPHONE NO.: TOLL FREE NO.: FAX NO.: FIRM LOCAL ADDRESS: CITY: STATE: ZIP CODE: PRIMARY ACCOUNT REPRESENTATIVE FOR THIS ENGAGEMENT: ACCOUNT REP TELEPHONE NO.: ACCOUNT REP TOLL FREE NO.: ACCOUNT REP EMAIL: FEDERAL TAX IDENTIFICATION NO.: 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. ITB 20 1 6-031-AK 17 L. r�� o� 6 x`1; 1 1 I BEACH 1. Veteran Owned Business. Is Proposer claiming a veteran owned business status? _ YES NO 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. 2. 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: h!.tos:rsuocliem octal.dnb.ccrnm'webac6wcs,storas,s?rilet SucclierPertal?storaid=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. 3. Litigation History. Proposer shall submit a statement of any litigation or regulatory action that has been filed against your firm(s) in the last five years. If an action has been filed, state and describe the litigation or regulatory action filed,and identify the court or agency before which the action was instituted,the applicable case or file number, and the status or disposition for such reported action. If no litigation or regulatory action has been filed against your firm(s), provide a statement to that effect. If "No" litigation or regulatory action has been filed against your firm(s), please provide a statement to that effect. Truthful and complete 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. 4. 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. ITB 2016-031-AK 18 I . ,\%1\ '\ I BEACH 5. 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. 6. Suspension, Debarment or Contract Cancellation. Has Proposer ever been debarred, suspended or other legal violation, or had a contract cancelled due to non-performance by any public sector agency? YES NO SUBMITTAL REQUIREMENT: If answer to above is "YES," Proposer shall submit a statement detailing the reasons that led to action(s). 7. 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. 8. 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 governmental rules and regulations including, among others, the conflict of interest, lobbying and ethics provision of the City of Miami Beach and Miami Dade County. SUBMITTAL REQUIREMENT: Proposer shall submit firm's Code of Business Ethics. In lieu of submitting Code of Business Ethics, Proposer may submit a statement indicating that it will adopt, as required in the ordinance, the City of Miami Beach Code of Ethics, available at www.miamibeachfl.gov/procurement/. 9. Living Wage. On September 30, 2014,the Mayor and City Commission adopted Ordinance 2014- 3897 amending Section 2-408 of Division 6,Article VI,of Chapter 2 of the Miami Beach City Code, by increasing the living wage rate to $13.31 an hour without health benefits or$11.62 an hour with health benefits of at least$1.69 an hour with an effective date of January 1,2015. Failure to comply with this provision shall be deemed a material breach under this bid, under which the City may, at its sole option, immediately deem said proposer as non-responsive, and may further subject proposer to additional penalties and fines, as provided in the City's Living Wage Ordinance, as amended. For further information on the Living Wage requirement you may contact ITB 2016-031-AK 19 LI \ BEACH _ the City's Contract Compliance Administrator at(305)673-7490. SUBMITTAL REQUIREMENT: No additional submittal is required. By virtue of executing this affidavit document, Proposer agrees to the living wage requirement. 10. 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. A. Does your company provide or offer access to any benefits to employees with spouses or to spouses of employees? YES NO B. Does your company provide or offer access to any benefits to employees with (same or opposite sex)domestic partners*or to domestic partners of employees? YES NO C. Please check all benefits that apply to your answers above and list in the "other" section any additional benefits not already specified. Note: some benefits are provided to employees because they have a spouse or domestic partner, such as bereavement leave; other benefits are provided directly to the spouse or domestic partner,such as medical insurance. BENEFIT Firm Provides for Firm Provides for Firm does not Employees with Employees with Provide Benefit Spouses Domestic Partners Health Sick Leave 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/. 11. 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 ITB 2016-031-AK 20 I f s d { 41 I E cA reply on a contract to provide any goods or services toapublic 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. 2S7.017 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. 12. 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 acknowledge receipt of all addenda may result in proposal disqualification. Initial to Initial to Initial to Confirm Confirm Confirm Receipt 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. • ITB 2016 31-AK 21 • I , RAtBEAc -- - - - DISCLOSURE AND DISCLAIMER SECTION - 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, ITB 2016-031-AK 22 f l fs4 I /\,f i.e, '\ B E Ac H 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. PROPOSER'CERTIFICATION I hereby certify that: I,as an authorized agent of the Proposer,am submitting the following information as my firm's proposal; Proposer agrees to complete and unconditional acceptance of the terms and conditions of this document, inclusive of this solicitation, all attachments, exhibits and appendices and the contents of any Addenda released hereto, and the Disclosure and Disdaimer 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: Signature of Proposer's Authorized Representative: Date: • State of ) On this day of ,20_,personally appeared before me who County of ) stated that (s)he is the _ of , a corporation, and that the instrument was signed in behalf of the said corporation by authority of its board of directors and acknowledged said instrument to be its voluntary act and deed. Before me: Notary Public for the State of My Commission Expires: ITB 2016-031-AK 23 . . ,,, 1 A. ,,,,,, ,A, i BEAcH , . ,L...-■ , ,, ‘ , '0"i i •k:' '1, 1 I • APPENDIX B " No Bid ," Form 'TB 2016-031 -AK BUS TRANSPORTATION SERVICES . , PROCUREMENT DEPARTMENT 1755 Meridian Ave, 3rd floor Miami Beach, Florida 33139 --.7",''-••-'--'. -•'•--W..;,;,;;;,-,.. ,.. IAA:aj,itm,.-..j.",i:: . Pfor-g-IVr-,4 e. -. 4,--. ei,— 'v ugap,• .., •. - -, .. •.. ,,, .i../. .,.. ,.„...N. .Fy.A.., Z:-- -es-- - IMP 9 4., '. e eAandtsubrn - -Utti)ctciel-LI 81 0111-el -Ttt 9 .ti-k9,-;4.-7c 4' 44, 4,••■--,-.1...■...1h..4.,..tile ...,:-'......a.: ' ,....;.,.._.''..-,agizg5:,-.--,---4.4.,,, —;------,----.4 _,-,7i. '•'164g-.1;..Clit 'e ad-.-Viri......1L Jo -0 org:-;:-. .lc).9,:ro---r ik 6_;,,,* 7 ,...,-,Stglent:? yr,„s.}Ali A prgyt p5.:.,, ,• .....,.._,. .... ',•-•......4-4 ,......-- ...... ....,-._...._,...:,....„,-,., •r.,,• . . ,-..., . :rm. .-:' .-:..- ..._,-..: ‘..-•:.J Wtrala. ' ...dto ,T,(14-`a,013_ rr,Lta, 0.ove,itle,• ,, - olio • roces..4 -.1 1 1-.....),', tv0 •• ' .9:- • 0,- • :. : ' lfr.,,_, ,,'''. .-- ,....;.-' - ..,;j. ' -,..,= .4...-,4-- ' '' .-,; -.. -,-...., ',..,,,k;‘,,iii:- 4.: .,, --!,,,___-"e-,;--,.,-•• . l'- .-:'0':-.-. `,',, -':1-r=":7•7'''' :,';t:', ,' .-7, .;---- ',,f :. - '-..,'- -,..;..- _-..-,-. .. •- A=, =A:4' ,Xtkib CI St-'Stitenve A 4: . , -cy; .40-:: ,. ,•. --1.... ,: -1,,-,_.*T,Dgin Jaoluipki., -1. -; - . 1.:13 ,t1-2 . . ,....': ,..,._.,.'... ...,.;,... ,-..:. ,,,.., g:,...g„:,-,-,.:,,-,,,,,._:.!:_t_:,:.-,--,.%,,-rif,„?,:,4.,,,....7;:,, .--! .',. ....--T., -?-:.i,;:??fhir.5,,,:5,.,-,e.,:,-.:,.1.-_,:2-. 9,_:,-!.-4-f-KyiN:..,,', .::,,;,i.:?:N:F.-i.c.,!xig- -,..:..,..,..._ ,.„--,;5--,-;44,:psfv.:f0 • •.:.111 .-V .22.5:t-.5.S:.;514ti'Z'S'.'4C-:;C-i-,,.-;.- IjP,..,:.!Lf*:,-:;,,q,e,,,47(.:.---Vt;i...1:;A-,_,!.......,.i.a,..,.,.,.Av-tt,.,' .., 1TB 2016-031-AK 24 ,A,A, 1A/VIBEACH 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 PROCUREMENT DEPARTMENT ATTN: Aneta Kamyczek, Contracting Officer I PROPOSAL# ITB 2016-031-AK 1755 Meridian Ave, 3rd floor MIAMI BEACH, FL 33139 ITB 2016-031-AK 25 I / ', ! BEACH Minimum Requirements & Specifications ITB 201 6-031 -AK BUS TRANSPORTATION SERVICES PROCUREMENT DEPARTMENT 1755 Meridian Ave, 3rd floor Miami Beach, Florida 33139 IiE 2016-031 P< 26 A , `: / B E AC H C1. Minimum Requirements. The Minimum Eligibility Requirements for this solicitation are listed below. Proposer shall submit detailed verifiable information affirmatively documenting compliance with minimum requirement. Proposers that fail to comply with minimum requirements will be deemed non-responsive and will not be considered. Bidders must submit evidence that they are qualified to satisfactorily perform the specified services: 1. Proposer must provide confirmation that its name is listed under Miami Dade School District Privet Bus List. SUBMITTAL REQUIREMENT: Bidder must be listed on the Miami Dade School District Private Bus List(available at http:/fdot.dadeschools.net/PrivateBus.htm)at the time of bid due date. C2'. Statement of Work Required. The purpose of this bid is to establish a contract with a licensed company to provide bus transportation services for recreational and athletic programs to include but not limited to athletic games and competitions and field trips for the Parks and Recreation Department. Transportation services may be single day trips to various sites through Palm Beach, Broward and Miami-Dade Counties, as well as including several trips throughout the State of Florida. Companies awarded to this contract will be the only approved and qualified bus companies to provide these services to the City of Miami Beach. C2.1 Types of Usage. 1. Field Trips and Athletic Games and Competitions: Requires bus transportation to and from park sites, recreation venues or South Florida attractions. The length time of each trip may vary, but the minimum time required by the City would be six(6) hours. 2. The City will require the buses to remain at each location listed for trips up to eight (8) hours. For trips lasting longer than eight(8) hours the buses will be permitted to leave and return with City's prior approval. 3. The City may require pick up and return from several City parks for transportation to one destination on a single bus. 4. The City will only pay for buses ordered. C3. School Buses Specification 1. School Bus Types: Type A: A Type A school bus is a conversion bus constructed using a cutaway front-section vehicle with a left side driver's door. This definition includes two classifications: Type A-1 (19-29 capacity),with a Gross Vehicle Weight Rating (GVWR)of 14,500 pounds or less. ITB 2016-031-AK 27 A ! BEACH , 4 .• *11 Type A-2 (30-47 Capacity), with a GVWR greater than 14,500 pounds and less than or equal to 21,500 pounds. Type C: A Type C school bus is constructed using a chassis with a hood and front fender assembly. The entrance door is behind the front wheels; also known as a conventional school bus. This type also includes the cutaway truck chassis or truck chassis with cab, with or without a left side door, and with a GVWR greater than 21,500 pounds. Type 0: A Type D school bus is constructed using a stripped chassis. The entrance door is ahead of the front wheels; also knows as a rear engine or front engine transit-style school bus 2. Contractor must own or lease for operation a minimum of ten (10) school buses. All ten school buses shall have a minimum of 44 passenger capacity. All buses shall meet or exceed following requirements: 1. School buses to be used in performance of this contract shall be no more than eight (8)years since manufacture. 2. The vendor shall maintain all school buses in good condition and furnish all necessary fuel, oil, grease, tires, maintenance, and repairs and have a qualified mechanic available to provide service to any and all vehicles used in the performance of this contract at no additional cost to the City. 3. The vendor shall make available, on site, such spare school buses as may be needed to promptly replace any bus that breaks down. Any bus that breaks down shall be replaced within thirty(30) minutes of notification of such breakdown. 4. All school transportation vehicles shall be equipped with two-way radios permanently mounted with external roof top mounted antennas in working order capable of interfacing with a base station or every driver must have a cell phone with access to Company base. 5. All school buses shall be equipped with minimum of one basic first aid kit. 6. School buses must be clean, neat and odor free at the start of each destination. 7. The ability to utilize each bus from 5:00 a.m. — 12 midnight. Monday through Sunday and during summer/holidays. 8. 3-Point Seat Belts and 3-Point Seat Belt Seats - Type A school buses must be equipped with Type II, 3-point seat belts in all passenger seating positions. These belt systems must meet the requirements of National School Transportation Specifications and Procedures, Revised 2010. Types C and D buses must be equipped with lap belts in all passenger seating positions, meeting the following requirements: a) Belts must be manufacturer's standard style lap belts. The nonadjustable, buckle end of each belt must be the aisle-side connection point on each passenger seat. b) Each two-part belt must be separately color-coded to aid in proper connection. c) Any belt system with parts that can be manually disassembled without the use of tools and any system that is subject to easy vandalism shall not be approved for use in Florida school buses. d) Retractable seat belts are permissible at the purchaser's option. If this system is specified, the retractors must be emergency locking type, and the retractors ITB 2016-031-AK 28 A I A BEACH must be mounted below the seat bight. 9. Buses must comply with Federal Vehicle Safety Standards, Department of Transportation regulations and Federal motor Carrier Safety Administration. 10. For the information purpose contractor shall provide "Schedule of Vehicles" showing, buses owned or leased. This report shall include year of manufacture, make of bus, make of body, present mileage, present condition, seating capacity, number of heaters, and vehicle identification number. The City may reject any vehicle that does not conform to the specifications as defined below. 11. All repair work on the buses being provided under this contract must have been completed by certified mechanics. Documentation showing inspection data must be given to the City upon request. 12. Capacity and Transport. Awarded vendor shall not transport more students than the rated capacity for the school bus being used. C3.1. Drivers 1. Awarded vendor shall ensure that all drivers are trained before transporting students, and in compliance with the Omnibus Transportation Employee Training Act (OTETA) of 1991, or as amended. 2. Contractor Employee Criminal Background Check and ID Badging Requirements. It is a requirement of this bid that contractor comply with all the requirements of Sections 1012.32 and 1012.465, Florida Statutes, requiring that only those contractor employees that have successfully passed the background screening required by the referenced statutes and that meet the standards established by the statutes be allowed access to any City location or prior to the provision of any contract services. This requirement shall extend to all contractor representatives, agents or sub-contractors performing duties under the contract. If a contractor's employee is away from the job for a period of 45 or more days, the City will require a new criminal background check. The Parties agree that the failure of Awardee to perform any of the duties described in this section shall constitute a material breach of this solicitation and any resulting agreement for which the City reserves the right to terminate immediately with no further responsibilities or duties to perform under this Agreement. Contractor agrees to indemnify and hold harmless the City, its officers and employees of any liability in the form of physical or mental injury, death or property damage resulting in Awardee's failure to comply with the requirements of this section or Sections 1012.32 and 1012.465, Florida Statutes. 3. Awarded vendor shall be responsible to have their drivers receive a background screening in compliance with Jessica Lunsford Act before the drivers are assigned trips. Drivers who have been convicted of any of the criminal offenses, are considered unacceptable, and must not be assigned trips for the City. 4. Awarded vendor shall ensure that all bus drivers are alert and capable of performing their assigned duties. Drivers shall remain on their respective buses at all times when passengers are on board and while picking up or discharging students on school property except in cases of emergency. The driver's first concern must be for the safety of the children. 5. All drivers shall be neat and clean in their appearance. All drivers are required to dress in appropriate attire and wear Photo Identification Badge all the times. ITB 2016-031-AK 29 A k ` iy i 1 I B E AC H 6. All drivers employed by awarded vendor must demonstrate the ability to verbally communicate effectively in English with those persons, students and staff with whom they come into contact. 7. Drivers must drive in a careful and prudent manner, exercising at all times the highest degree of care, and observing and complying with all rules of the road and traffic regulations. 8. Al drivers contracted under this ITB are required to drive trips exactly as scheduled by the City. Drivers shall not alter or modify any trips without prior written approval by the City. 9. The City reserves the right, at any time to approve or reject of any driver under this ITB. The decision of the City regarding qualifications, acceptance or rejection of any driver under this ITB shall be final and binding on awarded vendor. 10. Drivers shall comply with procedures and practices in securing students passengers, car seats,travel chairs, crutches, walkers and orthopedic equipment at all times. 11. Drivers are prohibited from using cell phones (talking and texting) while transporting students. C3.2 Accidents. Awarded vendor shall immediately notify the City, by telephone of any accident/incident involving a bus while transporting students. Vendor shall provide the City with an accident report that will be followed by a written investigative report, submitted to the City, at no cost within five (5) to ten (10) days from date of accident. C3.4 Bus Cancellation. . The City has the right to cancel buses for any trip or event due to poor attendance, inclement weather, etc. There will be no cancellation fee charged to the City if the cancellation is made before four(4) hour, with one(1) hour compensation fee from the arranged trip time. C3.5 Level of Service. • Transportation failure will not be tolerated and may result in cancellation of the contract. • Repairs. or back-up transportation must be conducted within a thirty minutes (30) period and carried out in a professional, expedient and safe manner on behalf of all passengers. • Drivers must have complete knowledge of route and destination point. ITB 2016-031-AK 30 '\: 1IA APPENDIX D Special Conditions ITB 201 6-031 -AK BUS TRANSPORTAION SERVICES PROCUREMENT DEPARTMENT 1I55 Meridian Ave. 3rd floor Miami Beach, Florida 33139 ITB 2015031-FK 31 \ E I B E AC 1-•--1 1. TERM OF CONTRACT. The Contract shall commence upon the date of notice of award and shall be effective for two (2)years. 2. OPTIONS TO RENEW. The City, through its City Manager, will have the option to extend for three (3) additional one (1) year periods, subject to the availability of fund for succeeding fiscal year. 3. PRICES SHALL BE FIXED WITH ADJUSTMENTS ALLOWED BASED ON GOVERNMENTAL PRICE INDEX: Prices proposed by the vendor shall remain fixed for the term of the contract. The only exception in this regard is that fixed price shall be adjusted upward or downward based, with prior written approval of the vendor and the City, through its City Manager, based on changes in the applicable Bureau of Labor Statistics (wwN.bls.ccv), Consumer Price Index — Urban for the Miami area. 4. RESPONSE TIME: The successful bidder will be required to have vehicles at the pick-up area(s) at each school a minimum of 15 minutes prior to school dismissal. From time to time the City may require additional bus service for field trips; vehicles must be at designated pick up area(s) a minimum of 30 minutes prior to scheduled departure. 5.ADDITIONAL SERVICES: Services not specifically identified in this request may be added to, or deleted from, any resultant contract upon successful negotiations and mutual consent of the contracting parties, and approval by the City Manager. 6. METHOD OF ORDERING: Bus services for the City will be ordered via individual purchase orders and/or blanket order releases on an "as needed" basis for the term of the contract. Invoices must be submitted against each individual purchase order or blanket purchase order release. 7. DAMAGES TO PUBLIC/PRIVATE PROPERTY. The bidder shall carry out the work with such care and methods as not to result in damage to public or private property adjacent to the work. Should any public or private property be damaged or destroyed, the bidder, at his/her expense, shall repair or make restoration as is practical and acceptable to the City and/or owners of destroyed or damaged property promptly within a reasonable length of time. (Not to exceed one month from date damage was done). ITB 2016-031-AK 32 A , A , APPENDIX E Cost Proposal Form ITB 2016-031 -AK BUS TRANSPORTATION SERVICES PROCUREMENT DEPARTMENT 1755 Meridian Ave, 3rd floor Miami Beach, Florida 33139 ITB 2016-031-AK 33 AA I JA 1\A I B \--.7 A C APPENDIX A PROPOSAL TENDER FORM_AND QUESTIONNAIRE Failure to submit Section 5, Bid Price Form, in its entirety and fully executed by the deadline established for the receipt of proposals will result in proposal being deemed non-responsive and being rejected. 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. ., r �, :. � . . - -Hourly Rat e Per GROUP I School Buses Service r' Quantities " • Bus School bus with air conditioning (30-47 capacity)—within Miami-Dade 100 $ /Hour Coun School bus with air conditioning (30-47 capacity)—within Broward 100 $ /Hour Coun School bus with air conditioning (30-47 capacity)-within Palm Beach 100 $ /Hour Coun School bus with air conditioning (19-29 capacity)equipped with wheel 2 $ /Hour chair lift. Note: Hourly rate will be calculated from bidder's arrival at the agreed location. No hourly rate will be paid for travel time. Bidder's Affirmation �r4,f , {:° -. %�, �r' Company: Authorized Representative: Address: Telephone: Email: Authorized Representative's Signature: ITB 2016-031-AK 34 BEAC APPENDIX F Insurance Requirements PROCUREMENT DEPARTMENT 1755 Meridian Ave, 3rd floor Miami Beach, Florida 33139 ITB 2016-031-AK 35 k t 4 4 8 si t1: . J St °�. , V1 �r�\� gar it I _INSURANCE REQUIREMENTS _ This document sets forth the minimum levels of insurance that the contractor is required to maintain throughout the term of the contract and any renewal periods. 1. Workers' Compensation and Employer's Liability per the Statutory limits of the state of Florida. 2. Comprehensive General Liability (occurrence form), limits of liability $ 1,000,000.00 per occurrence for bodily injury property damage to include Premises/ Operations; Products, Completed Operations and Contractual Liability. Contractual Liability and Contractual Indemnity (Hold harmless endorsement exactly as written in "insurance requirements" of specifications). 3. Automobile Liability - $1,000,000 each occurrence - owned/non-owned/hired automobiles included. 4. Excess Liability-$ .00 per occurrence to follow the primary coverages. 5. The City must be named as and additional insured on the liability policies; and it must be stated on the certificate. 6. Other Insurance as indicated: Builders Risk completed value $ .00 Liquor Liability $ .00 Fire Legal Liability $ .00 Protection and Indemnity $ _.00 Employee Dishonesty Bond $ .00 Other $ .00 7. Thirty(30)days written cancellation notice required. 8. Best's guide rating B+:VI or better, latest edition. 9. The certificate must state the proposal number and title The City of Miami Beach is self-insured.Any and all claim payments made from self-insurance are subject to the limits and provisions of Florida Statute 768.28,the Florida Constitution, and any other applicable Statutes. ITB 2016-031-AK 36 ATTACHMENT C CONSULTANTS RESPONSE TO THE (ITB) MIAMI BEACH INVITATION TO BID BUS TRANSPORTATION SERVICES ITB 2016-031-AK BID ISSUANCE DATE: DECEMBER 9, 2015 BID DUE: JANUARY 25 2016 @ 3:00 PM ISSUED BY: �-- MIAMIBEACH Aneta Kamyczek, Contracting Officer 1 PROCUREMENT DEPARTMENT 1755 Meridian Ave, 3rd Floor, Miami Beach, FL 33139 305.673.7000 x6650 I www.miamibeachfl.gov 1V\ I AM TABLE OF CONTENTS SOLICITATION SECTIONS: PAGE 0100 NOT UTILIZED N/A 0200 INSTRUCTIONS TO BIDDERS & GENERAL CONDITIONS 3 0300 BID SUBMITTAL INSTRUCTIONS & FORMAT 16 APPENDICES: APPENDIX A PROPOSAL CERTIFICATON, 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 IT 2016-031 -AK 2 A 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(sr) 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. PURPOSE. The purpose of this bid is to establish a contract with a licensed company for bus transportation services for recreational programs to include but not limited to after school and camp programs and various field trips for the Parks and Recreation Department, as specified herein. 3. SOLICITATION TIMETABLE.The tentative schedule for this solicitation is as follows: ITB Issued December 9,2015 Pre-Bid Meeting December 17,2015 @ 11:00AM • • • • Deadline for Receipt of Questions January 15,201.6 @ 5:OOPM • • Responses Due January 25,2016 @ 3 00PM Tentative Commission Approval Authorizing Award TBD • • • 4. PROCUREMENT CONTACT.Any questions or clarifications concerning this solicitation shall be submitted to the Procurement Contact noted below: Procurement Contact: Telephone: Email: Aneta Kamyczek 305 673 7000#6455 anetakamyczek @miamibeachfi.gov • Additionally, the City Clerk is to be copied on all communications via email at: RafaelGranado(amiamibeachfi.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 ten (10) 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. 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. ITB 2016-031 -AK 3 MIAMIBEACH A Pre-Bid conference will be held as scheduled in_SolicitationTlmeline above at the following address: - City of Miami Beach Procurement Department's Conference Room 1755 Meridian Ave, 3rd Floor 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?clientID=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 communications with the Procurement Director, or his/her administrative staff responsible for administering the 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 @miamibeachfl.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.govlprocurement/scroll.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 2485.3 • 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 • PREFERENCE FOR FLORIDA SMALL BUSINESSES OWNED AND CONTROLLED BY VETERANS AND TO STATE-CERTIFIED SERVICE- DISABLED VETERAN BUSINESS ENTERPRISES CITY CODE SECTION 2-374 lTB 2016-03 1-AK . 4 MIAMIBEACH • 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. 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 request for quotation, and such bids are responsive, responsible and otherwise equal with respect to quality and service,then the award shall be made to the service-disabled veteran business enterprise. 12. 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. 13. 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 ITB 2016-031-AK 5 M to be in the best interest of the City. The City Commission shall consider the City Manager's recommendation(s)and, may approve or reject the_City Manager's recommendation(s). The City Commission-may-also-reject all bids received. In 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. 14. MULTIPLE AWARDS.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. 15. 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. 16. 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. 17. 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. 18. 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. 19. 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 iTB 2016-031-AK 6 MIAMI B E AC H 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. 20. 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). 21. 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. 22. ASSIGNMENT. The successful bidder shall not assign, transfer, convey, sublet or otherwise dispose of the contract, including any or all of its right, tine 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. 23. 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. 24. 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. 25. BILLING INSTRUCTIONS. Invoices, unless otherwise indicated, must show purchase order numbers,and shall be submitted to the ordering City department. 26. 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 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. 27. 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. 28. 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 seven (7) calendar days prior to the scheduled Bid opening date, a request for clarification. Any interpretation of the Bid, including,without limitation, responses to questions and request for clarification(s)from I B 20 i 6-03 i 7 M 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 Procurement Department 1755 Meridian Ave, 3rd floor, Miami Beach, FL 33139 with a copy to the City Clerk. 29. 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. 30. 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. 31. 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 days in the event that a subsequent contract has not yet been awarded. Additional extensions past the 120 days may occur as needed by the City and as mutually agreed upon by the City and the contractor. 32. 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 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. 33. 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. 34. 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. TB 2016-031-AK 8 MAM1BEACH • 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. 35. DISPUTES. 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. 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. 36. 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. 37. 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 _ �_ iTB 2016-031-AK �__9 • MIAMIBEACH 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. 38. 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. 39. 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. 40. 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. 41. 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) 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. 42. 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. 43. FLORIDA PUBLIC RECORDS LAW. Bidders are hereby notified that all Bid 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 (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. ITB 2016-031-AK 10 MIAMIBEACH 44. 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. 45. 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. 46. 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. 47. 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. 48. 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. 49. 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. 50. 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 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. 51. 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 IFB 2016-031-AK 1 1 IV\ IAMIBEACH 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. 52. 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. 53. MODiFICATIONIWITHDRAWALS 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. 54. 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. 55. 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. 56. 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. 57. 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. 58. 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. 59. 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 ITB 2016-03 1-AK MIAMIBEACH 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). 60. 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. 61. 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. 62. 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) days after bid opening. All samples will be disposed of after thirty (30) 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, 1755 Meridian Ave,3rd Floor, Miami Beach, FL 33139. 63. SPECIAL CONDITIONS. Any and all Special Conditions that may vary from these General Terms and Conditions shall have precedence. 64. 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. 65. 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. 66.TAXES.The City of Miami Beach is exempt from all Federal Excise and State taxes. 67. 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 discretion,which will make a recommendation for award to the City Commission. 68. 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 ITB 2016-031-AK 13 MIAMI BEACH be performed by giving written notice to the bidder of such termination; which shall become effective upon receipt by the bidder_of tine 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. 69. 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. 70. 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. 71. ADDITIONAL SERVICES. Although this solicitation and resultant contract identifies specific goods, services or facilities ("items"), it is hereby agreed and understood that the City, through the approval of the Department and Procurement Directors (for additional items up to $50,000) or the City Manager (for additional items greater than $50,000), may require additional items to be added to the Contract which are required to complete the work. When additional items are required to be added to the Contract, awarded vendor(s), as applicable to the item being requested, under this contract may be invited to submit price quote(s) for these additional requirements. If these quote(s) are determined to be fair and reasonable, then the additional work will be awarded to the current contract vendor(s) that offers the lowest acceptable pricing. The additional items shall be added to this contract by through a Purchase Order(or Change Order if Purchase Order already exists). In some cases, the City may deem it necessary to add additional items through a formal amendment to the Contract,to be approved by the City Manager. ITB 2016-031-AK 14 tv\ IAtv\ I BEACH 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,with the original submission or within two (2)days of request by the City. 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, Bidders Name, Bidder Return Address. Bids received electronically, either through email or facsimile, are not acceptable and will be rejected. Deliver to the City of Miami Beach, Procurement Department located at 1755 Meridian Ave, 3rd floor, Miami Beach, Florida 33139. 2. BID PROPOSAL.The Bid Proposal is to include the following: • TAB 1 — Cost Proposal Form (Appendix A). The Cost Proposal Form (Appendix E) shall be completed mechanically or, if manually, in ink. Cost Proposal Forms submitted in pencil shall be deemed non- responsive.All corrections on the Cost Proposal Form shall be initialed. • TAB 2—Bid Certification, Questionnaire and Affidavits(Appendix A) • TAB 3—Other related documents: Miami Dade School District Private Bus List listing confirmation. 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. IT B 2016-031 -q K 15 MIAMJBEACH APPENDIX "A" Proposal Certification , Questionnaire & Requirements Affidavit ITB 2016-031 -AK BUS TRANSPORTATION SERVICES PROCUREMENT DEPARTMENT 1755 Meridian Ave. 3rd floor Miami Beach, Florida 33139 — .'- 5 /\/\ IAMBFACH I Solicitation No:2016-031-AK Solicitation-Title: Bus Transportation Services -- — , Procurement Contact:Aneta Tel: 305-673-7000# Kamyczek 6455 Email:anetakamyczek a,miamibeachfl.gov I t 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 are a REQUIRED FORM that must be submitted fully completed and executed. 1. General Proposer Information. FIRM NAME: • K6 IAA K L.0 t' oral? t� No of Years in Business: 1 No of tn B usiness Locall�- Locally: No of Employees: OTHER NAME(S)PROPOSER HAS OPERATED UNDER IN THE LAST 10 Y S: FIRM PRIMARY ADDRESS(HEADQUARTERS): 1 -i:3 b 1 61,0 /V g Av-e CITY: S a 1,4 1 STATE: /" y i ( ZIP CODE: �3 F 7 TELEPHONE 0. "--"...\ 53 r J° 8 , TOLL FREE NO.: J u FAX NO.: - - G 4�� FIRM LOCAL ADDRESS: �( (rkaLI 1)G' DX * 4'10 -/<13 CITY: I i' p . : '"l 0, 1 J STATE: ZIP CODE: ‘33/ qi PRIMARY ACCOUNT REPRESENTATIVE FOR THIS ENGAGEMENT: ACCOUNT REP TELEPHONE N0 -marl K i(3),... �3 �� (� �i ACCOUNT REP TOLL FREE NO.: ACCOUNT REP EMAIL: k-- k-lilwr-.•(/_s a. '30 . Coo/ FEDERAL TAX IDENTIFICATION NO.: � i ��6,7(() i . 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. ,� � � � ITB 20163 l-AK � �� 17 MIAMIBEACH 1, Veteran Owned_Business.Is Proposer clai in a veteran owned business status?— -- -YES NO 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. 2. 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:l/supplierportal,dnb.comlwebapplwcsl stores lservlet/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. 3. Litigation History.Proposer shall submit a statement of any litigation or regulatory action that has been filed against your firm(s) in the last five years. If an action has been filed, state and describe - the litigation or regulatory action filed, and identify the court or agency before which the action was instituted,the applicable case or file number,and the status or disposition for such reported action. if no litigation or regulatory action has been filed against your firm(s), provide a statement to that effect. If'No" litigation or regulatory action has been filed against your firm(s), please provide a statement to that effect. Truthful and complete 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. 4. 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. .__._�.�.�.�.ITB 2016-031-AK 18 MIAMIBEACH 5. 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. 6. Suspension, Debarment or Contract Cancellation. Has Proposer ever been debarred, suspended or other legal violation, or had a contract cancelled due to non-performance by any public sector agency? YES 9t1 NO SUBMITTAL REQUIREMENT: If answer to above is "YES," Proposer shall submit a statement detailing the reasons that led to action(s). 7. 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. 8. 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 proposaVresponse or within five(5)days upon receipt of request. The Code shall, at a minimum, require the Proposer, to comply with all applicable governmental rules and regulations including, among others, the conflict of interest, lobbying and ethics provision of the City of Miami Beach and Miami Dade County. SUBMITTAL REQUIREMENT: Proposer shall submit firm's Code of Business Ethics. In lieu of submitting Code of Business Ethics, Proposer may submit a statement indicating that it will adopt, as required in the ordinance, the City of Miami Beach Code of Ethics, available at www.miamibeachfl.gov/procurement!. 9. Living Wage. On September 30,2014, the Mayor and City Commission adopted Ordinance 2014- 3897 amending Section 2-408 of Division 6,Article VI, of Chapter 2 of the Miami Beach City Code, by increasing the living wage rate to$13.31 an hour without health benefits or$11.62 an hour with health benefits of at least$1.69 an hour with an effective date of January 1, 2015. Failure to comply with this provision shall be deemed a material breach under this bid, under which the City may, at its sole option, immediately deem said proposer as non-responsive, and may further subject proposer to additional penalties and fines, as provided in the City's Living Wage Ordinance, as amended. For further information on the Living Wage requirement you may contact __.. ITb 2016-03 1-AK 19 • MIAMIBEACH ___ _ the City's Contract Compliance Administrator at(305)673-7490. SUBMITTAL REQUIREMENT: No additional submittal is required. By virtue of executing this affidavit document,Proposer agrees to the living wage requirement. 10. 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. A. Does your company provide or offer access to any benefits to employees with spouses or to spouses of employees? YES NO B. Does your company provide or offer access to any benefits to employees with (same or opposite sex)domestic partners*or to domestic partners of employees? YES l 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 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/. 11. 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 ITB 2016-031-AK 20 tv\ IAMI E 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. 12. 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 acknowledge receipt of all addenda may result in proposal disqualification. Initial to Initial to Initial to Confirm Confirm Confirm Receipt Receipt Receipt Addendum 1 Addendum 6 Addendum 11 Addendum 2 Addendum 7 Addendum 12 Addendum 3 I Addendum 8 Addendum 13 Addendum 4 f Addendum 9 Addendum 14 Addendum 5 Addendum 10 1 Addendum 15 If additional confirmation of addendum is required,submit under separate cover. ITB 20 6-03 1 AK 2 MIAMIBEACH " Y< ; ::� Di C=OSUREANQ DISC TIMER SEGfION` ?°., ,'" ` moo 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, ITB 2016-031-AK 22 /\/\ I A/0 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. � P OP.OSER CERTIFY_iC��i�,4'Tt0( ' `� � :� k I hereby certify that: I, as an authorized agent of the Proposer,am submitting the following information as my firm's proposal; Proposer agrees to complete and unconditional acceptance of the terms and conditions of this document, inclusive of this 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 wilt 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: ---t-V Q 4 1(-6 v..-4'Keil( C.. --- 0 . Signature of Proposer's Authorized Representative: Date: 2 ZO• State of Fi1 i 4a. ) Ja ' , On this d9-fday of 2a_.personally appeared before me f�a„ /nap „��/,Who County of�� Qirl �� stated that (s)he ��;r,?2.� ( )he is the � D of F a corporation, and that the instrument was signed in behalf of the said corporation by authority of its board of directors and acknowledged said instrument to be its voluntary act and deed. Before me: • Notary Public for the State of 1 -7,.).—, 4 My Commission Expires: 3-A-1 --zU1 p,"'.!.:1!'4,,I. Mk tEL!g WJNOZ # , % t MY coAIISSICN 1 EF 153192 . IT:� EXPIRES:August 21,2018 f*reoF Flc`o Bonded Thr Budget Notary Semites ., . ..y._ *. - . ...�....,�.... .�� ■n .. __t. ..... _..__....__._TB 2. 16-0 31-A K ._ 23 MIAMIBEACH APPENDIX B " • ! 1 Form ITB 2016-031 -AK BUS TRANSPORTATION SERVICES PROCUREMENT DEPARTMENT 1755 Meridian Ave, 3rd floor Miami Beach, Florida 33139 1 EiLL4g.k f 4` cri tea ;F os- V.4 °I Mu; - :� o�tEltClO Ra�-, 3eEded- a es p ond: a �� s @ orxosubm' c a °' A • `S� a e mai* a ;B e#' a.ro� `de_ s �-' ~� - �; - � Brad�. °At o c ow t o - soltci ro pace " 51oteme t cerkevW 52ad��h � acti bete rtQtiff-.��. ITB 2016-031-AK 24 toIAAAIBEACH 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) Qt^--�:'.' 'F'.�r:�-^y�.r:,u-�•,•c.,,.,raex.�,•.r-..:�.Wse!-.a.vwe;.:Y.a_yaye.�t.aa•,ww.-..-n .s_:..�._� - -. We do do not want to be retained on your mailing list for future pro osals of this type product and/or service. p Signatur • / Title: C---E Legal Company Name: �"I�G�fl rl�(G{K 130�'G�: (�, 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 PROCUREMENT DEPARTMENT ATTN: Aneta Kamyczek, Contracting Officer PROPOSAL # ITB 2016-031-AK 1755 Meridian Ave, 3rd floor MIAMI BEACH, FL 33139 ITB 2. 16-03 1-AK ..- 25 MIAMIBEACH Minimum Requirements & Specifications ITB 2016-031 -AK BUS TRANSPORTATION SERVICES PROCUREMENT DEPARTMENT I755 Meridian Ave, 3rd floor Miami Beach, Florida 33139 3201 2016-031-AK 26 MIAMIBEACH C1. Minimum Requirements. The Minimum Eligibility Requirements for this solicitation are listed below. Proposer shall submit detailed verifiable information affirmatively documenting compliance with minimum requirement. Proposers that fail to comply with minimum requirements will be deemed non-responsive and will not be considered. Bidders must submit evidence that they are qualified to satisfactorily perform the specified services: 1. Proposer must provide confirmation that its name is listed under Miami Dade School District Privet Bus List. SUBMITTAL REQUIREMENT: Bidder must be listed on the Miami Dade School District Private Bus List(available at http:/ldot.dadeschools.net/PrivateBus.htm)at the time of bid due date. C2.Statement of Work Required. The purpose of this bid is to establish a contract with a licensed company to provide bus transportation services for recreational and athletic programs to include but not limited to athletic games and competitions and field trips for the Parks and Recreation Department. Transportation services may be single day trips to various sites through Palm Beach, Broward and Miami-Dade Counties, as well as including several trips throughout the State of Florida. Companies awarded to this contract will be the only approved and qualified bus companies to provide these services to the • City of Miami Beach. C2.1 Types of Usage. 1. Field Trips and Athletic Games and Competitions: Requires bus transportation to and from park sites, recreation.venues or South Florida attractions. The length time of each trip may vary, but the minimum time required by the City would be six(6) hours. 2. The City will require the buses to remain at each location listed for trips up to eight (8) hours. For trips lasting longer than eight(8) hours the buses will be permitted to leave and return with City's prior approval. 3. The City may require pick up and return from several City parks for transportation to one destination on a single bus. 4. The City will only pay for buses ordered. C3. School Buses Specification 1. School Bus Types: Type A:A Type A school bus is a conversion bus constructed using a cutaway front-section vehicle with a left side driver's door.This definition includes two classifications: Type A-1 (19-29 capacity), with a Gross Vehicle Weight Rating (GVWR) of 14,500 pounds or less. ITB 2016-031-AK 27 MIAMIBEACH Type A-2 (30-47 Capacity), with a GVWR greater than 14,500 pounds and less than or equal to 21,500 pounds. Type C: A Type C school bus is constructed using a chassis with a hood and front fender assembly. The entrance door is behind the front wheels; also known as a conventional school bus. This type also includes the cutaway truck chassis or truck chassis with cab, with or without a left side door, and with a GVWR greater than 21,500 pounds. Type D: A Type D school bus is constructed using a stripped chassis. The entrance door is ahead of the front wheels;also knows as a rear engine or front engine transit-style school bus 2. Contractor must own or lease for operation a minimum of ten (10) school buses. All ten school buses shall have a minimum of 44 passenger capacity. All buses shall meet or exceed following requirements: 1. School buses to be used in performance of this contract shall be no more than eight (8)years since manufacture. 2. The vendor shall maintain all school buses in good condition and furnish all necessary fuel, oil, grease, tires, maintenance, and repairs and have a qualified mechanic available to provide service to any and all vehicles used in the performance of this contract at no additional cost to the City. 3. The vendor shall make available, on site, such spare school buses as may be needed to promptly replace any bus that breaks down. Any bus that breaks down shall be replaced within thirty(30) minutes of notification of such breakdown. 4. All school.transportation vehicles shall be equipped with two-way radios permanently mounted with external roof top mounted antennas in working order capable of interfacing with a base station or every driver must have a cell phone with access to Company base. 5. All school buses shall be equipped with minimum of one basic first aid kit. 6. School buses must be clean, neat and odor free at the start of each destination. 7. The ability to utilize each bus from 5:00 a.m. — 12 midnight. Monday through Sunday and during summer/holidays. 8. 3-Point Seat Belts and 3-Point Seat Belt Seats - Type A school buses must be equipped with Type II, 3-point seat belts in all passenger seating positions. These belt systems must meet the requirements of National School Transportation Specifications and Procedures, Revised 2010. Types C and D buses must be equipped with lap belts in all passenger seating positions, meeting the following requirements: a) Belts must be manufacturer's standard style lap belts. The nonadjustable, buckle end of each belt must be the aisle-side connection point on each passenger seat. b) Each two-part belt must be separately color-coded to aid in proper connection. c) Any belt system with parts that can be manually disassembled without the use of tools and any system that is subject to easy vandalism shall not be approved for use in Florida school buses. d) Retractable seat belts are permissible at the purchaser's option. If this system is specified, the retractors must be emergency locking type, and the retractors __ ITB 201631 AK ._.-.-..___._ti _.___...._._._.��,e__. 28 MIAW\ I BEACH must be mounted below the seat bight. ____ _ 9. Buses must comply with Federal Vehicle Safety Standards, Department of Transportation regulations and Federal motor Carrier Safety Administration. 10. For the information purpose contractor shalt provide "Schedule of Vehicles" showing, buses owned or leased. This report shall include year of manufacture, make of bus, make of body, present mileage, present condition, seating capacity, number of heaters, and vehicle identification number. The City may reject any vehicle that does not conform to the specifications as defined below. 11. All repair work on the buses being provided under this contract must have been completed by certified mechanics. Documentation showing inspection data must be given to the City upon request. 12. Capacity and Transport. Awarded vendor shall not transport more students than the rated capacity for the school bus being used. C3.1. Drivers 1. Awarded vendor shall ensure that all drivers are trained before transporting students, and in compliance with the Omnibus Transportation Employee Training Act (OTETA) of 1991, or as amended. 2. Contractor Employee Criminal Background Check and ID Badging Requirements. It is a requirement of this bid that contractor comply with all the requirements of Sections 1012.32 and 1012.465, Florida Statutes, requiring that only those contractor employees that have successfully passed the background screening required by the referenced statutes and that meet the standards established by the statutes be allowed access to any City. location or prior to the provision of any contract services. This requirement shall extend to all contractor representatives, agents or sub-contractors performing duties under the contract. If a contractor's employee is away from the job for a period of 45 or more days, the City will require a new criminal background check. The Parties agree that the failure of Awardee to perform any of the duties described in this section shall constitute a material breach of this solicitation and any resulting agreement for which the City reserves the right to terminate immediately with no further responsibilities or duties to perform under this Agreement. Contractor agrees to indemnify and hold harmless the City, its officers and employees of any liability in the form of physical or mental injury, death or property damage resulting in Awardee's failure to comply with the requirements of this section or Sections 1012.32 and 1012.465, Florida Statutes. 3. Awarded vendor shall be responsible to have their drivers receive a background screening in compliance with Jessica Lunsford Act before the drivers are assigned trips. Drivers who have been convicted of any of the criminal offenses, are considered unacceptable, and must not be assigned trips for the City. 4. Awarded vendor shall ensure that all bus drivers are alert and capable of performing their assigned duties. Drivers shall remain on their respective buses at all times when passengers are on board and while picking up or discharging students on school property except in cases of emergency. The driver's first concern must be for the safety of the children. 5. All drivers shall be neat and clean in their appearance. All drivers are required to dress in appropriate attire and wear Photo Identification Badge all the times. ITB 2016-03 I-AK 29 I AM I BEACH 6. All drivers employed by awarded vendor_must demonstrate the ability—to—verbally communicate effectively in English with those persons, students and staff with whom they come into contact. 7. Drivers must drive in a careful and prudent manner, exercising at all times the highest degree of care, and observing and complying with all rules of the road and traffic regulations. 8. Al drivers contracted under this ITB are required to drive trips exactly as scheduled by the City, Drivers shall not alter or modify any trips without prior written approval by the City. 9. The City reserves the right, at any time to approve or reject of any driver under this ITB. The decision of the City regarding qualifications, acceptance or rejection of any driver under this ITB shall be final and binding on awarded vendor. 10. Drivers shall comply with procedures and practices in securing students passengers, car seats,travel chairs, crutches,walkers and orthopedic equipment at all times. 11. Drivers are prohibited from using cell phones (talking and texting) while transporting students. C3.2 Accidents. Awarded vendor shall immediately notify the City, by telephone of any accident/incident involving a bus while transporting students. Vendor shall provide the City with an accident report that will be followed by a written investigative report, submitted to the City, at no cost within five (5) to ten (10) days from date of accident. C3.4 Bus Cancellation.-- The City has the right to cancel buses for any trip or event due to poor attendance, inclement weather, etc. There will be no cancellation fee charged to the City if the cancellation is made before four(4) hour,with one(1) hour compensation fee from the arranged trip time. C3.5 Level of Service. • Transportation failure will not be tolerated and may result in cancellation of the contract. • Repairs or back-up transportation must be conducted within a thirty minutes (30) period and carried out in a professional, expedient and safe manner on behalf of all passengers. • Drivers must have complete knowledge of route and destination point. ITB 20 i 6-031-AK 30 /VUAMJBEACH APPENDIX D Special Conditions ITB 2016-031 -AK BUS TRANSPORTAION SERVICES PROCUREMENT DEPARTMENT I755 Meridian Ave, 3rd floor Miami Beach, Florida 33139 • ITB 2GIbUJIA;< • MIAMI EAC H 1. TERM OF CONTRACT. The_Contract shall commence upon_the_date_of_notice of award and shall be effective for two (2)years. 2. OPTIONS TO RENEW. The City, through its City Manager, will have the option to extend for three (3) additional one (1) year periods, subject to the availability of fund for succeeding fiscal year. 3. PRICES SHALL BE FIXED WITH ADJUSTMENTS ALLOWED BASED ON GOVERNMENTAL PRICE INDEX: Prices proposed by the vendor shall remain fixed for the term of the contract. The only exception in this regard is that fixed price shall be adjusted upward or downward based, with prior written approval of the vendor and the City, through its City Manager, based on changes in the applicable Bureau. of Labor Statistics (www.bls.gov), Consumer Price Index — Urban for the Miami area. 4. RESPONSE TIME: The successful bidder will be required to have vehicles at the pick-up area(s) at each school a minimum of 15 minutes prior to school dismissal. From time to time the City may require additional bus service for field trips; vehicles must be at designated pick up area(s) a minimum of 30 minutes prior to scheduled departure. 5.ADDITIONAL SERVICES: Services not specifically identified in this request may be added to, or deleted from, any resultant contract upon successful negotiations and mutual consent of the contracting parties, and approval by the City Manager. 6. METHOD OF ORDERING: Bus services for the City will be ordered via individual purchase orders and/or blanket order releases on an "as needed"basis for the term of the contract. Invoices must be submitted against each individual purchase order or blanket purchase order release. 7. DAMAGES TO PUBLIC/PRIVATE PROPERTY. The bidder shall carry out the work with such care and methods as not to result in damage to public or private property adjacent to the work. Should any public or private property be damaged or destroyed, the bidder, at his/her expense, shall repair or make restoration as is practical and acceptable to the City and/or owners of destroyed or damaged property promptly within a reasonable length of time. (Not to exceed one month from date damage was done). �N-...�.. ITB 2016-031-AK 32 MIAMIBEACH APPENDIX E Cost Proposal Form ITB 2016-031 -AK BUS TRANSPORTATION SERVICES PROCUREMENT DEPARTMENT 755 Meridian Ave, 3rd floor Miami Beach, Florida 33139 ITB 20 1N'i 1-A( 33 MIAMI APPENDIX A --- --- PROPOSAL TENDER FORM AND QUESTIONNAIRE y bmi€Section.$„8id 1?0Ff rm;lr its<e►itirety and�futty executes by ttie_liici me es�abhsfiedforthe --- _ 3receipt.of proposals�n'll;res_ul€m proposaf,bemgdeemed-Ron-responsive�and�bei ig rejected c "�. 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. '.+. r t ~ROUP SchoolBuses Service. _ -f., tiY y 1.Ya- fbYes i' -t h'r- .- ^Lt .tir i-t- N: +JY 4..-;. ..e_ -.:t,'�St.' ,A� v-i-',. y T. ,.�.zt`'� ;.-.. ; '4n-•` ..:-_ .;^ ✓µ.... r, BW C `c:` 1 School bus with air conditioning (30-47 capacity)—within Miami-Dade 1 County 00 $53 /Hour School bus with air conditioning (30-47 capacity)—within Broward County 104 3�',/Hour School bus with air conditioning (30-47'capacity)-within Palm Beach County 100 $5g./Hour School bus with air conditioning (19-29 capacity)equipped with wheel chair lift. 2 $5g,/Hour Note: Hourly rate will be calculated from bidder's arrival at the agreed location. No hourly rate will be paid for travel time. 7,45`—,, ,:-,,,yt',.,...,!!/.�y,� ti rtt �, , i.7. i i`�. + � •�t: '4:-ys r it K Y ?,_;:t,.:F+`t is y r ri } t1, '�BiddeL s7�Affir � nR :,}• i -}a-,t. , •, `! -•,. ;-ii a,- _ F..? �Vi1' ?� Y �1 '7 fi�k:.��`.. ��Y�'z �a.eb3.�+�i'�''Y ,kf:.' h._� �h .. ^-t r�_ Company KAfin'LL{►/CDl, ritcfl a✓► Authorized Representative: Ka h Tri Address: G';Iiij 0 ♦l am Telephone: 3 .,---3 �0 g CIMIEWAMIMMi .I. co Authorized Representative's Signature: !' ', ITB20 3 1-AK ...�..� - .__..r___...,.�._ .....a..... . �� _. -..--...�.�._.-.._._..�..._.�_...__._......__ ..� 34 • MAMBEACH APPENDIX F Insurance Requirements PROCUREMENT DEPARTMENT 1755 Meridian Ave, 3rd floor Miami Beach, Florida 33139 I 2016-031-A< ---.._._.. - --- 35 MAMBEACH INSURANCE REQUIREMENTS This document sets forth the minimum levels of insurance that the contractor is required to maintain throughout the term of the contract and any renewal periods. 1. Workers'Compensation and Employer's Liability per the Statutory limits of the state of Florida. 2. Comprehensive General Liability (occurrence form), limits of liability $ 1,000,000.00 per occurrence for bodily injury property damage to include Premises/ Operations; Products, Completed Operations and Contractual Liability. Contractual Liability and Contractual Indemnity (Hold harmless endorsement exactly as written in "insurance requirements" of specifications). 3. Automobile Liability - $1,000,000 each occurrence - owned/non-owned/hired automobiles included. 4. Excess Liability-$ .00 per occurrence to follow the primary coverages. 5. The City must be named as and additional insured on the liability policies; and it must be stated on the certificate. 6. Other Insurance as indicated: Builders Risk completed value $ .00 Liquor Liability $ .00 Fire Legal Liability $ .00 Protection and Indemnity $ .00 Employee Dishonesty Bond $ .00 Other $ .00 7. Thirty (30) days written cancellation notice required. 8. Best's guide rating B+:VI or better,latest edition. 9. The certificate must state the proposal number and title The City of Miami Beach is self-insured.Any and all claim payments made from self-insurance are subject to the limits and provisions of Florida Statute 768.28,the Florida Constitution, and any other applicable Statutes, T B 2016-031-AK 36 cl Franmar Corporation P.O.Box 970783 Miami, Florida 33197 7 • (305)253-5086 Fax(305)253-842 —; ► School Bus Transportation& Bus Maintenance Services list of Clients Public Sector 1. Miami Dade County Public School Transportation.30 years Daily Route Contract and Field Trips. Contact: Mr.Orlando Alonso,Director of Transportation MDCPS Phone:305-234-3365 Email:0Alcn:;;.,<i,da;:eschoois.net 2. Miami Dade Parks&Recreation Dept. 20 years of Daily Field Trips during the summer and school holidays. Contact: Sandy Williams Phone:305-755-7968 Email:Ales earniamidade.Gov Contact:Ana Rioseco Phone:305-375-3704 Email:a,;ose_,?!_anli_`acl- _,• • Private Sector 3. City of Miami Beach Parks and Recreation Daily Field Trips for Summer Camp and Special Events. • Contact: Ellen Vargas Phone:305-573-7000 x 4302 Email:ellenvargas@miamibeachfl.gov Contact:Carlos Da Cruz Phone: 305-573-7000 x 6574 Email:CarlosDaCruz @miamibeachfl.gov Office Location: 19301 SW 108 Avenue Miami, Florida 33157 140a_ Air Franmar Corporation P.O. Box 970783 Miami, Florida 33197 • (305)253-5086 Fax(305)253-8427 School Bus Transportation& Bus Maintenance Services 4. Palmer Trinity School, 15 years Daily Route Contract and Field Trips. Contact: lose Chao Phone:305-969-4205 Email: jchao @palmertrinity.org 5. Carrolton School of the Sacred Heart,Field Trip and Daily Routes Contact: Tom Cheleotis, Business Manager Phone:305-446-573 Email:tci--eieoti))car.ni n r 6. Ransom Everglades School,Field Trips and Athletic Programs Contact: Daisy Armas Phones: 305-460-8879 Email:A thl'tic,fbr:,n_on e <I or2 7. Miami Country Day School,Field Trips and Athletic Programs Contact: Chuck Sennett,Athletic Director Phone:305-779-7249 Email:;ei:n'lt. mijCmic '•Untryri 'r NOTE: This is not a complete fist of our customers. Please call for a more extensive list of references. Office Location: 19301 SW 108 Avenue Miami, Florida 33157 ,------1 h ACC RD CERTIFICATE OF LIABILITY INSURANCE i' DATE(MGAIDO/YYYI) I 07/23/2015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Willis of Florida, Inc. CONTACT NAME: c/o 26 Century Blvd PHONE - FAX P.O. Box 305191 E .Ext1:1-877-945-7378 I fA/C,Nor1-999-467-2379 _ E-MAIL MAIL Nashville, TN 37 305191 USA ADDRESS:certificatasewillia.com INSURER(S)AFFORDING COVERAGE NAIC I INSURER A:Travelers Property Casualty Company of INSURED Franar Corporation Americ 25674 m INSURER B:Travelers Indemnity Company 19301 S W 108 Ave 25658 riiami, FL 33157 INSURER C:Bridgefield Employers Insurance Company 10701 INSURER 0: INSURER E: I • INSURER F: COVERAGES CERTIFICATE NUMBERw1040408 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADM.SUER POLICY EFF POLICY EXP LTR TYPE OF INSURANCE 1N5D IWO POLICY NUMBER (MMIDDIYYYY)JMM/ODtYYYY) LIMITS X( COMMERCIAL GENERAL LIABILITY ' r)—(1 i EACH OCCURRENCE I I CLAIMS-MADE OCCUR I DAMAGE TO RENTED 'S 1,000,000 A PREMISES(Ea occurrence) LS 100,000 Y I I MED EXP(Any one person) 15 5,000 I66020141958 107/23/2015 07/01/2016 1 PERSONAL S ADV INJURY S 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: I I ffff GENERAL AGGREGATE I$ 2,000,000 X POLICY I I E I I LOC I I I PRODUCTS-COMP/OP AGG $ OTHER: $ AUTOMOBILE UABILITY (Ea accident) I I I !COMBINED SINGLE LIMIT j I 5 1,000,000 X I ANY AUTO BODILY INJURY SCtIEDULEO I I I (Per person) 5 B ALL OWNED.� r AUTOS I NON-0WNED MR713920073-15-CAG 07/01/2015107/01/2016 BODILY INJURY(Peraccident) S HIRED AUTOS C I AUTOS i PROPERTY DAMAGE 1{ I (Per accident) $ I I UMBRELLA LIAB I +OCCUR i I I EACH OCCURRENCE $ EXCESS LIAB I I CLAIMS-MADE I =AGGREGATE $ DEO I l I I $ RETENTIONS WORKERS COMPENSATION AND EMPLOYERS'LIABILITY I 1 X PER 0TH- A C Y!N I I I STATUTE I ER ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICERlMEMBEREXCLUDED? Y IN/Al■ I 83043650 E.L.EACH ACCIDENT I$ 100,000 (Mandatory in NH) 01/01/2015 01/01/2026 If res,describe under I E.L.DISEASE•EA EMPLOYE Ei$ 100,000 `' 1 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT 1$ 500,000 (- DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached it more space Is required) This Voids and Replaces Previously Issued Certificate Dated 06/30/2015 wITB ID: W1001299. Auto Liability(Truckers): Additional Insured Provided where required by contract or agreement. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Miami Beach AUTHORIZED REPRESENTATIVE C/0 Insurance Tracking Services Inc P.O. Box 20270 / Long Beach, CA 90801 J' L 127 ceL ©1988`-�20014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD SR ID:9799536 BATCH:Batch 5: 157813 AGENCY CUSTOMER ID: �.•.� LOC#: '4c RL® ADDITIONAL REMARKS SCHEDULE Page 2 of 2 AGENCY NAMED INSURED Willis of Florida, Inc. Franmar Corporation POLICY NUMBER 19301 9 W 109 Ave See Page 1 Miami, FL 33157 CARRIER NAIL CODE See Page 1 JSee Page 1 EFFECTIVE DATE:Sae Page 1 ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability Insurance City of Miami Beach is included as an Additional Insured as respects to General Liability as required by written contract. ACORD 101 (2008101) ©2008 ACORD CORPORATION. All rights reserved. The AC 74ORD 9536 name and logo are registered marks of ACORD 9 Batch II: 157813 W1040408 FRANMAR BUS CORP. United States Department of Transportation (US DOT)Number C878051 -FRANMAR CORP. LIST OF VEHICLES • • VEH MAKE VIN # FRANMAR UNIT# Freightliner 4UZ6CJAA51CG83472 #54 INT'L 1 HVBBABN 1YH285929 I INT'L 1HVBBABN5YH286226 #66 #67 INT'L 4 DRBRAANX3A949872 #68 INTL 4DRBRAAN13A949873 I #69 INT'L 4DRBRAAN83A949871 #70 INT'L _ 1HVBBAANOYH321949 1 #71 INT1 1 HVBBAANOYH321935 #72 INT'L 1HVBBAAN9YH288871 #73 INT'L 1HVBBAAN8YH321942 #74 FORD 1FDXJ75CONVA21458 #95 FORD 1FDX375C9NVA21460 #97 FORD 1FDX]75CONVA23856 #98 FORD 1 FDX375LXDVA05738 *14 _ INTL 4DRBUAAN56A164582 #75 INTL 4DRBUAAN96A150457 #76 INT'L 1 4DRBUAAN76A162798 #80 " FORD 1 1FDX375C2PVA01308 #41 INT'L 4DRBUAAN56A298394 #81 INTL 1HVBDABN4SH606279 ##44 INTL 1HVBDABN3SH670944 #62 INT'L 1HVBDABNXSH215251 #83 INT'L 1HVBDABNUSH670936 #64 INT'L 1HVBDABN5TH383154 #46 INT'L 1HVBDA8N8TH383312 *47 INTL 1HVBDABN9TH377891 #81 INT'L 1HVBDABN6TH377945 #85 FORD 1FDX375C3PVA05743 #48 INT'L 4DRBUAAN088652528 #77 INT1 1HVBBAAN53H580963 #92 INT'L , 1HVBBAANX3H580960 #94 INT'L 1HVBBAAN9311580965 #93 INT'L 1HVBBAANO3H580966 #89 INT'L 1HVBBAAN23H580967 , #90 INT'L 1HVBBAAN63H580969 #91 THOMAS INTL 1HVBBAAN6WH517133 #57 THOMAS INTL r 1HVBBAAN5WH517141 #58 THOMAS INTL _ 1HVBBAANOWH517161 #59 INT'L 1HVBBAAN2VH462971 #56 THOMAS INTL , 4UZ6CJAAX1CG93687 #51 THOMAS INTL 4UZ6CJAA31CG93689 #52 THOMAS INTL _ 4UZ6CJAA11CG93691 #53 i No-1-f. AR are. c r co rid►' ayi ect bJs5 A ll arc_, 62 6 pcks €111 Franmar Bus Company has a few pending legal issues going on at this time.All are traffic related and being handled by our insurance company. If you need further information we can send you our files. None are related to our performance nor are they"serious". Detail by Entity Name Page 1 of 3 FLORIDA DEPARTMENT OF STATE DIVISION OF CORPORATIONS ._..2 Detail by Entity Name Florida Profit Corporation FRANMAR CORPORATION Filing Information Document Number 523936 FEI/EIN Number 59-1716761 Date Filed 01/17/1977 State FL Status ACTIVE Last Event AMENDMENT Event Date Filed 01/20/2012 Event Effective Date NONE Principal Address 19301 S.W. 108TH AVE. MIAMI, FL 33157 Changed: 07/12/2010 Mailing Address P.O. BOX 970783 MIAMI, FL 33197 Changed: 02/28/1992 Registered Agent Name & Address RA Corporate Services, Inc. 9400 S. Dadeland Boulevard Suite 600 Miami, FL 33156 Name Changed: 01/04/2016 Address Changed: 01/04/2016 Officer/Director Detail Name & Address Title DPTS BERMONT, PETER L http://search.sunbiz.org/Inquiry/CorporationSearch/SearchRestiltDetail?inquirytype=Entity... 3/1 1/20 16 Detail by Entity Name Page 2 of 3 3427 N. Moorings Way Miami, FL 33133 _ Title D - — - — MARTINELLI, FRAN 8420 NW S.R. 45 HIGH SPRINGS, FL 32643 Title President Wise, Tracy B 3191 Argonne Drive, NW Atlanta, GA 30305 Annual Reports Report Year Filed Date 2014 01/13/2014 2015 04/16/2015 2016 01/04/2016 Document Images 01/04/2016 -- ANNUAL REPORT View image in PDF format 04/16/2015 -- ANNUAL REPORT View image in PDF format . 01/13/2014 -- ANNUAL REPORT View image in PDF format 01/22/2013 -- ANNUAL REPORT View image in PDF format 03/28/2012 -- ANNUAL REPORT View image in PDF format 01/20/2012 -- Amendment View image in PDF format 01/28/2011 -- ANNUAL REPORT View image in PDF format 07/12/2010 -- ADDRESS CHANGE View image in PDF format 01/25/2010 -- ANNUAL REPORT View image in PDF format 03/13/2009 -- ANNUAL REPORT View image in PDF format 02/04/2008 -- ANNUAL REPORT View image in PDF format 04/16/2007-- ANNUAL REPORT View image in PDF format 01/23/2006 -- ANNUAL REPORT View image in PDF format 02/12/2005 -- ANNUAL REPORT View image in PDF format 03/12/2004 -- ANNUAL REPORT View image in PDF format 06/27/2003 -- ANNUAL REPORT View image in PDF format 01/21/2003 -- ANNUAL REPORT View image in PDF format 10/16/2002 -- ANNUAL REPORT View image in PDF format 01/22/2002 -- ANNUAL REPORT I View image in PDF format 08/27/2001 -- ANNUAL REPORT View image in PDF format 7 01/11/2001 -- ANNUAL REPORT View image in PDF format 04/23/2000 -- ANNUAL REPORT View image in PDF format http://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=Entity... 3/11/2016 Detail by Entity Name Page 3 013 02/22/1999-- ANNUAL REPORT View image in PDF format 02/25/1998--ANNUAL REPORT View image in PDF format 04/29/1997—ANNUAL REPORT View image in PDF format 04/02/1996 --AN'IL? .L REPORT View image in PDF format 02/20/1995 —A.'.NNUAL REPORT View image in PDF format http://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=Entity... 3/1 1/2016 ATTACHMENT D INSURANCE REQUIRMENTS 411 A i‘\ BEAC1-1 APPENDIX F Insurance 'Requirements PROCUREMENT DEPARTMENT 1755 Meridian Ave, 3rd floor Miami Beach, Florida 33139 ITB 2016-031-AK 35 i\/\ I ,L\/ IBEACH A C INSURANCE REQUIREMENTS This document sets forth the minimum levels of insurance that the contractor is required to maintain throughout the term of the contract and any renewal periods. 1. Workers'Compensation and Employers Liability per the Statutory limits of the state of Florida. 2. Comprehensive General Liability (occurrence form), limits of liability $ 1,000,000.00 per occurrence for bodily injury property damage to include Premises/ Operations; Products, Completed Operations and Contractual Liability. Contractual Liability and Contractual Indemnity (Hold harmless endorsement exactly as written in "insurance requirements" of . specifications). 3. Automobile Liability - $1,000,000 each occurrence - owned/non-owned/hired automobiles included. 4. Excess Liability-$ .00 per occurrence to follow the primary coverages. 5. The City must be named as and additional insured on the liability policies; and it must be stated on the certificate. 6. Other Insurance as indicated: Builders Risk completed value $ .00 Liquor Liability $ .00 Fire Legal Liability $ .00 Protection and Indemnity $ .00 Employee Dishonesty Bond $ .00 Other $ .00 7. Thirty(30)days written cancellation notice required. 8. Best's guide rating B+:VI or better, latest edition. 9. The certificate must state the proposal number and title The City of Miami Beach is self-insured.Any and all claim payments made from self-insurance are subject to the limits and provisions of Florida Statute 768.28,the Florida Constitution, and any other applicable Statutes. ITB 2016-031-AK 36