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Certification of Contract with Miami Beach Bicycle Center, Inc. MIAMIBEACH Cd\B CITY OF MMIAMI BEACH c9 CERTIFICATION OF CONTRACT TITLE: For Bicycle Purchase, Parts, Accessories and Repair Services. CONTRACT NO.: 2016-032-ITB-AK EFFECTIVE DATE(S): This Contract shall remain in effect for three (3) years from date of Contract execution by the Mayor and City Clerk, and may be extended at the sole discretion of the City, though its City Manager, for two (2) additional (1) years terms, if mutually agreed by both parties . SUPERSEDES: N/A CONTRACTOR(S): Miami Beach Bicycle Center, Inc. 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 June 8, 2016 for approval to award a contract, upon execution between the City of Miami Beach, Florida, and Miami Beach Bicycle Center, Inc., a Florida corporation (the Contractor). B. EFFECT - This Contract is entered into to provide for Bicycle Purchase, Parts, Accessories and Repair Services pursuant to City Invitation to Bid No. 2016-032-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 2016-004-ITB-MT. 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, Daniel Oates, Police Department- Police Chief at 305-673-7000 ext. 5003 and John Rebar, Parks & Recreation-Director, at 305-673-7000 ext. 6643. E. INSURANCE CERTIFICATE(S) - The Contractor shall file Insurance Certificates, as required, which must be signed by a Registered Insurance Agent licensed in the State of Florida, and approved by the City of Miami Beach Risk Manager, prior to delivery of supplies and/or commencement of any services/work by Contractor. F. ASSIGNMENT AND PERFORMANCE - Neither this Contract nor any interest herein shall be assigned, transferred, or encumbered by Contractor without the prior written consent of the City. In addition, Contractor shall not subcontract delivery of supplies, or 1 Page 2 Certification of Contract any portion of work and/or services required by the Contract Documents without the prior written consent of the City. Contractor warrants and represents that all persons providing/performing any supplies, work, and/or services required by the Contract Documents have the knowledge and skills, either by training, experience, education, or a combination thereof, to adequately and competently provide/perform same, or services to City's satisfaction, for the agreed compensation. Contractor shall provide/perform the supplies, work, and/or services required under the Contract Documents in a skillful and respectable manner. The quality of the Contractor's performance and all interim and final product(s) and /or work provided to or on behalf of City shall be comparable to the best local and national standards. G. SERVICE EXCELLENCE STANDARDS — Excellent Customer Service is the standard of the City of Miami Beach. As a Contractor of the City, Contractor will be required to conduct itself in a professional, courteous and ethical manner, and at all times adhere to the City's Service Excellence standards. Training will be provided by the City's Organizational Development and Training Specialist. H. PUBLIC ENTITY CRIMES - In accordance with the Public Crimes Act, Section 287.133, Florida Statutes, a person or affiliate who is a contractor, consultant or other provider, who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to the City, may not submit a bid on a contract with the City for the construction or repair of a public building or public work, may not submit bids on leases of real property to the City, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with the City, and may not transact any business with the City in excess of the threshold amount provided in Section 287.017, Florida Statutes, for category two purchases for a period of 36 months from the date of being placed on the convicted vendor list. Violation of this section by Contractor shall result in cancellation of the Contract and may result in Contractor debarment. INDEPENDENT CONTRACTOR - Contractor is an independent contractor under this Contract. Supplies, work, and/or services, provided by Contractor pursuant to the Contract Documents shall be subject to the supervision of Contractor. In providing such supplies, work, and/or services, neither Contractor nor its agents shall act as officers, employees, or agents of the City. This Contract shall not constitute or make the parties a partnership or joint venture. J. THIRD PARTY BENEFICIARIES - Neither Contractor nor City intends to directly or substantially benefit a third party by this Contract and/or the Contract Documents. Therefore, the parties agree that there are no third party beneficiaries to this Contract and that no third party shall be entitled to assert a claim against either of them based upon this Contract and/or the Contract Documents. The parties expressly acknowledge that it is not their intent to create any rights or obligations in any third person or entity under this Contract and/or the Contract Documents. 2 Page 3 Certification of Contract K. NOTICES - Whenever either party desires to give notice to the other, such notice must be in writing, sent by certified United States Mail, postage prepaid, return receipt requested, or by hand-delivery with a request for a written receipt of acknowledgment of delivery, addressed to the party for whom it is intended at the place last specified. The place for giving notice shall remain the same as set forth herein until changed in writing in the manner provided in this section. For the present, the parties designate the following: For City: Alex Denis, Procurement Director City of Miami Beach Department of Procurement Management 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 With copies to: City Clerk City Clerk Office 1700 Convention Center Drive Miami Beach, Florida 33139 • For Contractor: Miami Beach Bicycle Center, Inc. 746 5th Street Miami Beach, FL. 33139 Attn: Alex Ruiz Phone: 305-674-0150 Fax: 305-674-0430 E-mail: alex(abikemiamibeach.com L. MATERIALITY AND WAIVER OF BREACH - City and Contractor agree that each requirement, duty, and obligation set forth in the Contract Documents is substantial and important to the formation of this Contract and, therefore, is a material term hereof. City's failure to enforce any provision of the Contract Documents shall not be deemed a waiver of such provision or modification of this Contract. A waiver of any breach of a provision of this Contract shall not be deemed a waiver of any subsequent breach and shall not be construed to be a modification of the terms of this Contract. M. SEVERANCE - In the event a portion of this Contract and/or the Contract Documents is found by a court of competent jurisdiction to be invalid, the remaining provisions shall continue to be effective unless City or Contractor elects to terminate this Contract. An election to terminate this Contract based upon this provision shall be made within seven (7) days after the finding by the court becomes final. 3 Page 4 Certification of Contract N. APPLICABLE LAW AND VENUE - This Contract and/or the Contract Documents shall be enforceable in Miami-Dade County, Florida, and if legal action is necessary by either party with respect to the enforcement of any or all of the terms or conditions herein exclusive venue for the enforcement of same shall lie in Miami-Dade County, Florida. By entering into this Contract, Contractor and City hereby expressly waive any rights either party may have to a trial by jury of any civil litigation related to, or arising out of the Contract and/or the Contract Documents. Contractor, shall specifically bind all subcontractors to the provisions of this Contract and the Contract Documents. 0. AMENDMENTS - No modification, amendment, or alteration in the terms or conditions contained herein, or in the Contract Documents, shall be effective unless contained in a written document prepared with the same or similar formality as this Contract and executed by the City and Contractor. P. This Contract shall not be effective until all bonds and insurance(s) required under the Contract Documents have been submitted to, and approved by, the City's Risk Manager. Q. The ITB and Contractor's bid in response thereto, are attached to this Contract and are hereby adopted by reference and incorporated herein as if fully set forth in this Contract. Accordingly, Contractor agrees to abide by and be bound by any and all of the documents incorporated by the Contract Documents. Where there is a conflict between any provision set forth within (i) this Contract; (ii) the ITB; and /or (iii) Contractor's bid in response thereto, the more stringent provision (as enforced by the City) shall prevail. 4 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 ' ( day of 3l I 7 , 201 L by their respective duly authorized representatives. Miami Beach Bicycle Center, Inc. , CITY OF MIAMI : '.' �' ! • • - ..ATTACHMENT A , :1 • ' ' RESOLUTION COMMISSION ITEMS AND COMMISSION .•. MEMORANDUIVI . • • • . L. • • .. - r . • • COMMISSION ITEM SUMMARY Condensed Title: REQUEST FOR APPROVAL TO AWARD A CONTRACT PURSUANT TO INVITATION TO BID (ITB) NO. 2016-032-AK FOR THE PURCHASE OF BICYCLES AND RELATED PARTS, ACCESSORIES AND REPAIR SERVICES. Key Intended Outcome Supported: N/A Supporting Data (Surveys, Environmental Scan, etc: N/A Item Summary/Recommendation: The City has a current inventory of 110 bicycles, and purchases approximately 30 bicycles per year utilized by the Police and, Parks and Recreation Departments. As a result, the City issued Invitation to Bid 2016-032-AK (the "ITB") to establish a contract with a qualified vendor(s) for bicycles, parts, accessories, maintenance and repair services. The ITB stated that the lowest responsive, responsible bidder(s) meeting all terms, conditions, and specifications of the ITB will be recommended for award. The successful bidder's contract shall be executed for a period of three (3) years from date of contract execution by the Mayor and City Clerk, and may be extended at the sole discretion of the City, through its City Manager, for two (2) additional one (1) year terms, if mutually agreed by both parties. The ITB was issued on March 24, 2016. 83 bid notices were issued, 22 vendors downloaded the bid documents from PublicPurchase. Additionally the Procurement Department notified 12 local vendors. On May 9, 2016, a sole bid was received from Miami Beach Bicycle Center, Inc. The pricing received from Miami Beach Bicycle Center, Inc., is included in the table in the attached memo. Miami Beach Bicycle Center, Inc., has been deemed responsive, therefore, is being recommended as the awarded vendor for Groups A (Items Al and A4), B and C. The contracts will offer flexible resources to ensure that the Police, and Parks and Recreation Department are able to fulfill its requirements relative to referenced services needed in a timely manner at the bid prices. • CITY MANAGER'S REVIEW AND RECOMENDATION After considering the bids received, pursuant to ITB 2016-032-AK, and staffs recommendation, The City Manager recommends that the Mayor and City Commission of the City of Miami Beach, Florida, approve the award of a contract to Miami Beach Bicycle Center, Inc. for Groups A (Items Al and A4), B and C; and, further, authorize the Mayor and City Clerk to execute the contracts. Advisory Board Recommendation: N/A Financial Information: Source of Amount Account Funds: 1 2 3 Total Financial Impact Summary: All expenditures pursuant to this contract will be based on approved funding appropriated to the respective department's budget. City Clerk's Office Legislative Tracking: Alex Denis, John Rebar, Daniel Oates Sign-Offs: Depa ment Dir r Assistant City Manager City Manager AD DO� MT JLM g%a,, T:'AGENDA\201 une\Frrocurement\2016-032-AK Bicycle,Accessories\ITB-2016-032-AK COMMISSION IT MMARY.docx AGENDA ITEM C MIAMIBEACH 74 DATE G-8-go 1 Recommendation for Award ITB 2016-032-AK for Bicycles, Parts, Accessories and Repairs. MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive,Miami Beach,Florida 33139,www.miamibeochfl.gov COMMISSION MEMORANDUM TO: Mayor Philip Levine and Members of e City Corn ission FROM: Jimmy L. Morales, City Manager DATE: June 8, 2016 SUBJECT: REQUEST FOR APPROVAL 0 AWARD A CONTRACT PURSUANT TO INVITATION TO BID (ITB) NO. 2016-032-AK FOR THE PURCHASE OF BICYCLES AND RELATED PARTS, ACCESSORIES AND REPAIR SERVICES. KEY INTENDED OUTCOME N/A FUNDING All expenditures pursuant to this contract will be based on approved funding appropriated to the respective department's budget. BACKGROUND The City has a current inventory of 110 bicycles, and purchases approximately 30 bicycles per year utilized by the Police and, Parks and Recreation Departments. As a result, the City issued Invitation to Bid 2016-032-AK (the "ITB") to establish a contract with a qualified vendor(s) for bicycles, parts, accessories, maintenance and repair services. The ITB stated that the lowest responsive, responsible bidder(s) meeting all terms, conditions, and specifications of the ITB will be recommended for award. The successful bidder's contract shall be executed for a period of three (3) years from date of contract execution by the Mayor and City Clerk, and may be extended at the sole discretion of the City, through its City Manager, for two (2) additional one (1) year terms, if mutually agreed by both parties. ITB PROCESS The ITB was issued on March 24, 2016. 83 bid notices were issued, 22 vendors downloaded the bid documents from PublicPurchase. Additionally the Procurement Department notified 12 local vendors. On May 9, 2016, a sole bid was received from Miami Beach Bicycle Center, Inc. The pricing received from Miami Beach Bicycle Center, Inc., is included in the table below. 75 2 Recommendation for Award ITB 2016-032-AK for Bicycles, Parts, Accessories and Repairs. Group:A: Purchase of Bicycles Group B: Purchase of Bicycle ,Bicycle Brand a o - Parts And Accessories /o Discount off Manufacturer s % Discount off Manufacturer's Suggested Retail Price Suggested Retail Price Al TREK 10% 20% A2 iFORCE No Bid No Bid A3 GIANT No Bid No Bid A4 FUJI 10% 20% GROUP-C Maintenance And.=Repati Services:`-'.; Parts % Discount off Manufacturer's Labor Hourly Rate Suggested Retail Price $70.00 20% Miami Beach Bicycle Center, Inc., has been deemed responsive, therefore, is being recommended as the awarded vendor for Groups A (Items Al and A4), B and C. The contracts will offer flexible resources to ensure that the Police, and Parks and Recreation Department are able to fulfill its requirements relative to referenced services needed in a timely manner at the bid prices. - CITY MANAGER'S REVIEW AND RECOMENDATION After considering the bids received, pursuant to ITB 2016-032-AK, and staff's recommendation, I recommend that the Mayor and City Commission of the City of Miami Beach, Florida, approve the award of a contract to Miami Beach Bicycle Center, Inc. for Groups A (Items Al and A4), B and C; and, further, authorize the Mayor and City Clerk to execute the contracts. JLM/DO/JR/AD/AK/ T:W GENDA\2016■June\Procurement\2016-032-AK Bicycle,Accessories\JTB-2016-032-AK MEMO.docx 76 - = •1 a r, - • • • THIS�PAGE:INTENTIONALLY LEFT BLANK !' , • r f ..(' .. v :• 4 • r ' r- . 77 • l:: ,.ATTACHMENT B INVITATION TO BID (ITB) AND ADDENDUMS . . • . • • MIAMIB.EACH . INVITATION TO BID ITB f 1 BICYCLE: PURCHASE, PARTS; ACCESSORIES AND-REPAIR SERVICES ITB 2016-032-AK • BID ISSUANCE DATE: MARCH 24, 2016 BID DUE: MAY 9, 2016 @ 3:00 PM ISSUED BY: MIAMIBEACH Aneta Kamyczek, Contracting Officer PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3rd Floor, Miami Beach, FL 33139 305.673.7000 x6455 � Fax: 786.373. 7490 I www.miamibeachfl.gov MIAMIBEACH TABLE OF CONTENTS SOLICITATION SECTIONS: PAGE 0100 NOT UTILIZED 2 0200 INSTRUCTIONS TO BIDDERS & GENERAL CONDITIONS 3 0300 BID SUBMITTAL INSTRUCTIONS & FORMAT 15 APPENDICES: APPENDIX A PROPOSAL CERTIFICATON, QUESTIONNAIRE AND AFFIDAVITS 16 APPENDIX B "NO BID" FORM 24 APPENDIX C MINIMUM REQUIREMENTS & SPECIFICATIONS - 26 APPENDIX D SPECIAL CONDITIONS 29 APPENDIX E COST PROPOSAL FORM 33 APPENDIX F INSURANCE REQUIREMENTS 35 ITB 2016-032-AK 2 MIAMI BEACH SECTION 0200 INSTRUCTIONS TO BIDDERS 1. GENERAL. This Invitation to Bid (ITB) is issued by the City of Miami Beach, Florida (the "City"), as the means for prospective Proposers to submit their qualifications, proposed scopes of work and cost proposals (the "bid") to the City for the City's consideration as an option in achieving the required scope of services and requirements as noted herein. All documents released in connection with this solicitation, including all appendixes and addenda, whether included herein or released under separate cover, comprise the solicitation, and are complementary to one another and together establish the complete terms, conditions and obligations of the Proposers and,subsequently,the successful Bidders(s) (the"contractor[s]") if this ITB results in an award. The City utilizes PublicPurchase (www.publicpurchase.com) for automatic notification of competitive solicitation opportunities and document fulfillment, including the issuance of any addendum to this ITB. Any prospective Bidder who has received this ITB by any means other than through PublicPurchase must register immediately with PublicPurchase to assure it receives any addendum issued to this ITB. Failure to receive an addendum may result in disqualification of proposal submitted. 2. PURPOSE. The purpose of this bid is to establish a Contract, by means of sealed bids for future pricing competition to purchase bicycles, parts and accessories, maintenance and repair services, as required by the City. The intent of this solicitation is to select vendor(s) that provide greatest fixed percentage discount based on the manufacturer's suggested retail price for purchase of bicycles, parts and accessories, maintenance and repair services, as required by the City. 3. SOLICITATION TIMETABLE.The tentative schedule for this solicitation is as follows: ITB Issued March 24, 2016 Pre-Bid Meeting N/A Deadline for Receipt of Questions April 29 2016 @ 5:00PM Responses Due May 9, 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 @miamibeachfl.gov Additionally, the City Clerk is to be copied on all communications via email at: RafaelGranado(a miamibeachfl.gov ; or facsimile: 786-394-4188. The Bid title/number shall be referenced on all correspondence. All questions or requests for clarification must be received no later than 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. ITB 2016-032-AK 3 m► MIAMI BEACH 4. PRE-BID MEETING OR SITE VISIT(S). Only if deemed necessary by the City, a pre-bid meeting or site visit(s) may be scheduled. A Pre-Bid conference will be held as scheduled in Solicitation Timeline above at the following address: City of Miami Beach Procurement Department Conference Room 1755 Meridian Avenue,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: 9415468 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: http://web.miamibeachfl.c ov/procurement/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 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 ITB 2016-032-AK 4 m► MIAMIBEACH •• PREFERENCE FOR FLORIDA SMALL BUSINESSES OWNED AND CONTROLLED BY VETERANS AND TO STATE-CERTIFIED SERVICE- DISABLED VETERAN BUSINESS ENTERPRISES CITY CODE SECTION 2-374 • • FALSE CLAIMS ORDINANCE CITY CODE SECTION 70-300 •_ACCEPTANCE OF GIFTS,FAVORS&SERVICES CITY CODE SECTION 2-449 • 8. EXAMINATION OF SOLICITATION DOCUMENTS AND SITE: It is the responsibility of each Bidder, before . submitting a Bid, to: - • Examine the solicitation thoroughly. • Visit the site or structure, as applicable, to become familiar with conditions that may affect costs, progress, performance or furnishing of the Work. • Take into account federal, state and local (City and Miami-Dade County) laws, regulations, permits, and ordinances that may affect costs, progress, performance,furnishing of the Work,or award. • Study and carefully correlate Bidder's observations with the solicitation. • Notify the Procurement Director of all conflicts, errors or discrepancies in the solicitation of which Bidder knows or reasonably should have known. • The submission of a Bid shall constitute an incontrovertible representation by Bidder that Bidder has complied with the above requirements and that without exception, the Bid is premised upon performing and furnishing the Work required by the solicitation and that the solicitation documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. 9. POSTPONEMENT OF DUE DATES 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 - ITB 2016-032-AK 5 • • • MIAMIBEACH •exercise his due diligence and recommend to the Mayor and City Commission the bid that the City Manager deems to be in the best interest of the City.The City Commission shall consider the City Manager's recommendation(s)and, may approve or reject the City Manager's recommendation(s). The City Commission may also reject all bids received. In 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 2016-032-AK 6 . m► MIAMI BEACH 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 bidders, will be made only by Addendum duly issued by the City: In the event of conflict with the original ITB 2016-032-AK _ 7 • ® MIAMI BEACH 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 Avenue, 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. 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. ITB 2016-032-AK 8 ILA MIAMI BEACH 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 bidders 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 manufacturers name and number if bidding other than the specified brands, and shall indicate ANY deviation from the specifications as listed in the Bid. Other than specified items offered requires complete descriptive technical literature marked to indicate detailed conformance with specifications, and MUST BE INCLUDED WITH THE BID. NO BIDS WILL BE CONSIDERED WITHOUT THIS INFORMATION. THE CITY SHALL BE THE SOLE JUDGE OF EQUALITY AND ITS DECISION SHALL BE FINAL. Note as to Brand Names: Catalog numbers, manufacturers' and brand names, when listed, are informational guides as to a standard of acceptable product quality level only and should not be construed as an endorsement or a product limitation of recognized and legitimate manufacturers. Bidders shall formally substantiate and verify that product(s)offered conform with or exceed quality as listed in the specifications. 38. ELIMINATION FROM CONSIDERATION. This bid shall not be awarded to any person or firm who is in arrears ITB 2016-032-AK 9 A V BEACH 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. 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. ITB 2016-032-AK 10 MIAMI BEACH 46. INDEMNIFICATION. The successful Bidder shall indemnify and hold hamiless 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 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. ITB 2016-03 2-AK m MIAMI BEACH 53. MODIFICATION/WITHDRAWALS OF BIDS. A bidder may submit a modified bid to replace all or any portion of a previously submitted bid up until the bid due date and time. Modifications received after the bid due date and time will NOT be considered. Bids shall be irrevocable until contract award unless withdrawn in writing prior to the bid due date or after expiration of 120 calendar days from the opening of bids without a contract award. Letters of withdrawal received after the bid due date and before said expiration date and letters of withdrawal received after contract award will NOT be considered. 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 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. ITB 2016-032-AK 12 ® MIAMI BEACH 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, 1700 Convention Center Drive, 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 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. ITB 2016-032-AK 13 m f` BEACH 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 2016-032-AK 14 • MIAMIBEACH 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, and 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 Avenue, 3rd floor, Miami Beach, Florida 33139. 2. BID PROPOSAL.The Bid Proposal is to include the following: • TAB 1 — Cost Proposal Form (Appendix E). 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—Documentation indicating compliance with minimum requirements. 3. 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 2016-032-AK 15 MIAMI BEACH, APPENDIX "A" CA MAMBEACH Proposal Certification , Questionnaire & Requirements Affidavit ITB 2016-032-AK BICYCLE: PURCHASE, PARTS, ACCESSORIES AND REPAIR SERVICES PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 ITB 2016-032-AK 16 • Solicitation No:2016-032-AK Solicitation Title: Bicycle: Purchase, Parts, Accessories and Repair Services Procurement Contact:Aneta Tel:305-673-7000# Email:anetakamvczek(a miamibeachfl.gov Kamyczek 6455 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: 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 2016-032-AK 17 MIAMBEACH 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: https://supplierportal.dnb.com/webapp/wcs/stores/servlet/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 2016-032-AK 18 MIAMI 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. e• .. „ .. ... ., e , • - ITB 2016-032-AK 19 MIAMBEACH .„..,•. .:••••. _,.. .:. •.. .• 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 2016-032-AK 20 MIAMI BEACH' 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 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 2016-032-AK 21 MIAMBEACH DIS CLOSURE AND'DISCLAIMER SECTION The solicitation referenced herein is being furnished to the recipient by the City of Miami Beach (the "City") for the recipients 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 Disdosure 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 2016-032-AK 22 MIAMIBEACH, 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 Disclaimer Statement; Proposer agrees to be bound to any and all specifications, terms and conditions contained in the solicitation,and any released Addenda and understand that the following are requirements of this solicitation and failure to comply will result in disqualification of proposal submitted; Proposer has not divulged, discussed, or compared the proposal with other Proposers and has not colluded with any other Proposer or party to any other proposal; Proposer acknowledges that all information contained herein is part of the public domain as defined by the State of Florida Sunshine and Public Records Laws; all responses, data and information contained in this proposal, inclusive of the Proposal Certification, Questionnaire and Requirements Affidavit are true and accurate. Name of Proposer's Authorized Representative: Title of Proposers 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 2016-032-AK 23 • MIAMtBEACH APPENDIX B " No Bid " Form ITB 2016-032-AK BICYCLE: PURCHASE, PARTS, ACCESSORIES AND REPAIR SERVICES PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 Note: It is important for those vendors who have received notification of this solicitation but have decided not to respond, to complete and submit the attached "Statement of No Bid." The "Statement of No Bid" provides the City with information on how to improve the solicitation process. Failure to submit a "Statement of No Bid" may result in not being notified of future solicitations by the City. ITB 2016-032-AK 24 MIAMI BEACH ' 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, Procurement Coordinator ITB #2016-032-AK 1755 Meridian Avenue, 3rd floor MIAMI BEACH, FL 33139 ITB 2016-032-AK 25 MIAMI BEACH ; Minimum Requirements & Specifications ITB 2016-032-AK BICYCLE: PURCHASE, PARTS, ACCESSORIES AND REPAIR SERVICES PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 ITB 2016-032-AK 26 MIAMI BEACH Cl. 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. Group A and B. Bidder shall be authorized by manufacturer to sell the brand of bicycles, parts and accessories proposed. SUBMITTAL REQUIREMENT: The bidder shall provide documentation identifying the bidder as authorized by manufacturer to sell proposed bicycles, parts and accessories. 2. Group C Bidder shall be authorized by manufacturer to maintain and repair brand of bicycles proposed. SUBMITTAL REQUIREMENT: The bidder shall provide documentation identifying the bidder as authorized by manufacturer to repair proposed product. 3. Group C Maintenance and repair service shall be performed at bidder facility located within geographic boundaries of Miami-Dade County. SUBMITTAL REQUIREMENT: The bidder shall submit a copy of its occupational licenses for the location where the maintenance and repair services will be provided. C2. Statement of Work Required. The intent of this solicitation is to select vendor(s) that provide greatest fixed percentage discount based on the manufacturer's suggested retail price for purchase of bicycles, parts and accessories, maintenance and repair services, as required by the City Award of Group A, B and C will be made to the lowest responsive, responsible bidder in the aggregate per Group. If a bidder fails to submit all items per Group, its overall offer will be considered non-responsive for that Group. Bidders are not required to submit bids for all Groups. The City has a current inventory of 110 bicycles, and purchases approximately 30 bicycles per year. 1.GROUP A—PURCHASE OF BICYCLES Vendors shall provide new bicycle(s) fully assembled and ready to use. Bicycles shall conform to all manufacturer standards and shall include all safety features recommended by the manufacturer, as standard equipment. The City may purchase the following types, including but not limited to: Mountain Bicycles, Cruiser Bicycles, Surrey Bicycles, etc. ITB 2016-032-AK 27 MIAMBEACH; List of manufacturer's brand bicycles currently used by the City of Miami Beach: • FUJI • iFORCE • TREK • GIANT 2.GROUP B BICYCLE PARTS AND ACCESSORIES Vendor(s) shall provide new parts and accessories, as required by the City. These parts may include, but are not limited to: chains, pedals, seats, shocks, wheels, tires, lights, baskets, handlebars, brakes, tune-up etc. 3.GROUP C—BICYCLE MAINTENANCE AND REPAIR SERVICES Vendor(s) shall provide maintenance and repair services for bicycle brands for the manufacturer(s) authorized by the vendor. All maintenance and repairs shall be performed at the vendor's repair shop, in accordance with manufacturer's standards and best practices in the industry. The City shall require the vendor to pick up and deliver the bicycles needing repairs. List of the most common bicycle repair services for the past year: • Axle installation • Bike build • Brake Cable F(cable and housing included) • . Brake Cable R(cable and housing included) • Brake installation Caliper • Brake Installation Disc • Brake Pads installation • Chain Adjustment • Chain clan and lube • Chain installation • Gear Adjustment • Kick stand installation • Lights, bells,grips, locks, mirrors, valve caps installation • Lube • Pedal Installation • Seat post installation • Tube or tire installation • Tune up(front/rear wheel) • Tune wash • Water bottle cage installation • Wash, lube and tune • Wash and lube ITB 2016-032-AK 28 MIAMI BEACH APPENDIX D Special Conditions ITB 2016-032-AK BICYCLE: PURCHASE, PARTS, ACCESSORIES AND REPAIR SERVICES PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 ITB 2016-032-AK 29 i MIAMI BEACH 1. TERM OF CONTRACT. The Contract shall commence upon the date of notice of award and shall be effective for three (3)years. 2. OPTIONS TO RENEW.The City, through its City Manager,will have the option to extend for two (2)additional one (1)year periods, subject to the availability of fund for succeeding fiscal year. 3. PRICES SHALL BE FIXED WITH ADJUSTMENTS ALLOWED: Intentionally Omitted. 4. LIQUIDATED DAMAGES: Intentionally Omitted. 5. ESTIMATED QUANTITIES. Intentionally Omitted. 6. SHIPPING TERMS: F.O.B. DESTINATION. All bidders shall quote prices based on F.O.B. Destination and shall hold title to the goods until such time as they are delivered to, and accepted by, an authorized City representative. 9. WARRANTY SHALL BE SUPPLIED IN WRITTEN FORM. Written warranties will be applicable to specific orders as determined by the City. If applicable, the warranty requirements will be specified in the spot market quotation and should be submitted by the pre-qualified vendor with its spot-market offer. If the vendor fails to satisfy the warranty requirements with its spot market offer, the City may allow five (5) calendar days to submit the information. Failure to meet this requirement may result in rejection of the offer. The vendor hereby agrees to investigate any or all complaints resulting from items and/or services supplied by the vendor and must agree to accept the return of any items and/or services not found acceptable by the City. Refunds shall be either by check or a credit memorandum, whichever method is selected by the City. If additional warranties are offered, the bidder shall conspicuously state, and then attach such warranty documentation to any spot- market quotation. 10. MATERIALS SHALL BE NEW AND WARRANTED AGAINST DEFECTS. The vendor hereby acknowledges and agrees that all materials, except where .recycled content is specifically requested, supplied by the vendor in conjunction with this solicitation and resultant contract shall be new, warranted for their merchantability, and fit for a particular purpose. In the event any of the materials supplied to the City by the vendor are found to be defective or do not conform to specifications: (1) the materials may be returned to the vendor at the vendor's expense and the contract cancelled or (2) the City may require the vendor to replace the materials at the vendor's expense. 11. LICENSES, PERMITS AND FEES. Intentionally Omitted. 12. ADDITIONAL GOODS SERVICES OR FACILITIES MAY BE ADDED. 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. When additional items are required to be added to the Contract, vendor(s) under this contract may be invited to submit price quotes for these additional requirements. If these quotes 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 2016-032-AK 30 MIAMI B I, The City may determine to obtain price quotes for the additional items from other vendors in the event that fair and reasonable pricing is not obtained from the current contract vendors, or for other reasons at the City's discretion. 13. ADDITIONAL BRANDS MAY BE ADDED. Although this solicitation and resultant contract identifies specific brands to be purchased, it is hereby understood and agreed that additional brands may be added to this contract at the option of the City. Vendor(s) under this contract shall be invited to submit a percentage (%) discount off the lowest price stated on the latest manufacturer's price list(s) and/or catalog(s) for these additional brands. If these discounts are comparable with discounts offered for other brands, and are otherwise considered to be fair and reasonable, then award shall be made to the vendor(s) offering the best pricing and acceptable product to the City or otherwise serving the best interests of the City. Award of these additional brand(s) shall be confirmed through the issuance of an addendum to the award sheet. These items shall become an integral part of the contract. The incumbent vendor(s) has/have no exclusive right to provide these additional brand(s). The City may determine to obtain similarly structured pricing inputs from other vendors in response to situations where incumbent vendors do not provide for fair and reasonable pricing or for other reasons at the City's sole discretion. 13. SUBCONTRACTING. The contractor shall not enter into subcontracts for any of the wok described herein, unless authorized in advance by the City. 14. 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). 17. DISCOUNTS (From published price lists). Prospective bidders shall provide a percentage discount based on manufacturer/distributor catalog. Current published catalog, discount or discount schedule, and price list shall be included with the bid proposal. 18. RISK OF LOSS. The vendor assumes the risk of loss or damage to the City's property during possession of such property by the vendor, and until delivery to, and acceptance of, that property to the City. The vendor shall immediately repair or replace on the loss or damage without cost to the City,whether the loss or damage results from acts or omissions (negligent or not)of the vendor or a third party. The vendor shall indemnify and save the City harmless from any and all claims, liability, losses and causes of action which may arise out of the fulfillment of this contract. The vendor shall pay all claims and losses of any nature whatever in connection therewith, and shall defend all suits, in the name of the City when applicable, and shall pay all costs and judgments which may issue thereon. 19. DELIVERY REQUIREMENTS FOR GROUPS A AND B. The'vendor shall make deliveries within thirty (30) calendar days after the date of the order or as specified in the spot market quotation. All deliveries shall be made in accordance with good commercial practice and all required delivery timeframes shall be adhered to by the vendor(s); except in such cases where the delivery will be delayed due to acts of nature, strikes, or other causes beyond the control of the ITB 2016-032-AK 31 MIAMIBEACH , vendor. In these cases, the vendor shall notify the City of the delays in advance of the original delivery date so that a revised delivery schedule can be appropriately considered by the City. 20. DELIVERY REQUIREMENTS FOR GROUP C.The vendor shall deliver the bicycles within two (2) calendar days after completion of the maintenance and/or repair services. All deliveries shall be made in accordance with good commercial practice and all required delivery timeframes shall be adhered to by the vendor(s); except in such cases where the delivery will be delayed due to acts of nature, strikes, or other causes beyond the control of the vendor. In these cases, the vendor shall notify the City of the delays in advance of the original delivery date so that a revised delivery schedule can be appropriately considered by the City. Should the vendor(s) to whom an order(s) is awarded fail to deliver in the number of days stated above, the City reserves the right to cancel the order on a default basis after any back order period that has been specified in this contract has lapsed. If the order is so terminated, it is hereby understood and agreed that the City has the authority to purchase the goods or services elsewhere and to charge the vendor with any re-procurement costs. If the vendor fails to honor these re- procurement costs, the City may terminate the vendor from the contract for default. ITB 2016-032-AK 32 MIAMBEACH , APPENDIX E Cost Proposal Form ITB-2016-032-AK BICYCLE: PURCHASE, PARTS, ACCESSORIES AND REPAIR SERVICES PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 ITB 2016-032-AK 33 MIAMI BEACH APPENDIX E PROPOSAL TENDER FORM AND QUESTIONNAIRE Failure to submit Section 5, Bid Price Form, inrits entirety and fully executed by the deadline established for the receipt of proposals will result in proposal bein• deemed non responsive and bein.rre'ected. 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. Proposal Tender Form (Section 5) completed in pencil shall be deemed non-responsive.All corrections on the Bid Price Form (Section 5)shall be initialed. GROUP A BICYCLE PURCHASE Group Bicycle brand %Discount off Manufacturer's Suggested Retail Price Item 1 TREK _% 2 iFORCE _% 3 GIANT _% 4 FUJI GROUP B BICYCLE PARTS_AND ACCESSORIES Group Bicycle brand %Discount off Manufacturer's Suggested Retail Price Item 1 TREK _% 2 iFORCE _% 3 GIANT _% 4 FUJI GROUP C MAINTENANCE AND REPAIR SERVICES Group Description Estimated Annual U/M Unit Cost Total Item Service Hours (Quantity X Unit Cost) 1 Hourly Rate 80 Hourly Rate $ $ Total $ Group I Description Estimated Annual %Discount off Discount Total Item Expenditures Manufacturer's amount (Expenditure—Discount Suggested Retail Price (Expenditures amount) X%Discount) 2 Parts $15,0000 Total $ Group CTotal (C1 +C2) :$ Bidder's Affirmation Company: Authorized Representative: Address: Telephone: Email: Authorized Representative's Signature: ITB 2016-032-AK 34 MIAMI BEACH �'�, APPENDIX F Insurance Requirements ITB 201 6-032-AK BICYCLE: PURCHASE, PARTS, ACCESSORIES AND REPAIR SERVICES ITB 2016-032-AK 35 MIAMI BEACH The vendor shall furnish to the Department of Procurement, City of Miami Beach, 1700 Convention Center Drive, 3rd Floor, Miami Beach, Florida 33139, Certificate(s) of Insurance which indicate that insurance coverage has been obtained which meets the requirements as outlined below: A. Worker's Compensation Insurance for all employees of the vendor as required by Florida Statute 440. B. Commercial General Liability Insurance on an occurrence basis, including products and completed operations, contractual liability, property damage, body injury and personal & advertising injury with limits no less than $1,000,000 per occurrence, and $ 2,000,000 general aggregate. City of Miami Beach must be included as an additional insured with respect to this coverage. C. Automobile Liability Insurance covering all owned, non-owned and hired vehicles used in connection with the work, in an amount not less than $1,000,000 combined single limit per occurrence for bodily injury and property damage. D. Professional Liability ( Errors and Omissions) Insurance appropriate to the Consultant's profession with limit no less than $1,000.000 per occurrence or per claim, $2,000,000 aggregate. Insurance required above must include a Waiver of Subrogation in favor of the City. All insurance policies required above shall be issued by companies authorized to do business under the laws of the State of Florida, with the following qualifications: The company must be rated no less than "A-" as to management, and no less than "Class VII" as to financial strength, by the latest edition of Best's Insurance Guide, published by A.M. Best Company, Oldwick, New Jersey, or its equivalent, subject to the approval of the City Risk Management Division. Or' The company must hold a valid Florida Certificate of Authority as shown in the latest "List of All Insurance Companies Authorized or Approved to Do Business in Florida" issued by the State of Florida Department of Insurance and are members of the Florida Guaranty Fund. Certificates will indicate no modification or change in insurance shall be made without thirty (30) days in advance notice to the certificate holder. CERTIFICATE HOLDER MUST READ: CITY OF MIAMI BEACH 1700 CONVENTION CENTER DRIVE 3rd FLOOR MIAMI BEACH, FL 33139 Compliance with the foregoing requirements shall not relieve the vendor of his liability and obligation under this section or under any other section of this agreement. ITB 2016-032-AK 36 ATTACHMENT C CONSULTANTS RESPONSE TO THE (ITB) Solicitation No: 2016-032-AK Solicitation Title: Bicycle: Purchase, Parts, Accessories and Repair Services Procurement Contact:Aneta Tel: 305-673-7000# Email:a�etakamyczek a(�miamibeachfl.gov Kamyczek 6455 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: �M; 4e,L, d )LJe� CCU-ter, \ r✓ No of Years in Business: i 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): -�u 54' L5�reL+ CITY: I�J 13J' STATE: ZIP CODE: -3139 TELEPHONENO.: big-ot. TOLL FREE NO.: FAX NO.: --bp 5 6 I-- 04 FIRM LOCAL ADDRESS: v CITY: STATE: ZIP CODE: i I _ PRIMARY ACCOUNT REPRESENTATIVE FOR THIS ENGAGEMENT: iiJe.x R z ACCOUNT REP TELEPHONE NO.: 305- bey - 0)30 ACCOUNT REP TOLL FREE NO.: ACCOUNT REP EMAIL: �f f.x �� �'��, ;; ,,.,', ��►, cam, FEDERAL TAX IDENTIFICATION NO.: 5g- -..C3by 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 2016-032-AK 17 • Detail by Entity Name Page 1 of 3 � FLORIDA DEPARTMENT OF STATE X - DIVISION OF CORPORATIONS .511410. Detail by Entity Name Florida Profit Corporation MIAMI BEACH BICYCLE CENTER, INC. Filing Information Document Number G80983 FEI/EIN Number 59-2355364 Date Filed 12/22/1983 State FL Status ACTIVE Principal Address 746 5th Street MIAMI BEACH, FL 33139 Changed: 01/15/2016 Mailing Address 746 5TH STREET MIAMI BEACH, FL 33139 Changed: 01/15/2016 Registered Agent Name &Address RUIZ, JOAQUIN R 746 5th Street MIAMI BEACH, FL 33139 Address Changed: 01/15/2016 Officer/Director Detail Name &Address Title PTD RUIZ, JOAQUIN R 746 5th Street MIAMI BEACH, FL 33139 Title SD RUIZ, ALEIDA 746 5th Street MIAMI BEACH, FL 33139 http://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=Entity... 6/21/2016 Detail by Entity Name Page 2 of 3 Title VP RUIZ, DANIEL 746 5th Street MIAMI BEACH, FL 33139 Title VP RUIZ,ALEXANDER 746 5th Street MIAMI BEACH, FL 33139 Annual Reports Report Year Filed Date 2014 01/08/2014 2015 01/20/2015 2016 01/15/2016 Document Images 01/15/2016 --ANNUAL REPORT View image in PDF format 01/20/2015 --ANNUAL REPORT View image in PDF format 01/08/2014 --ANNUAL REPORT View image in PDF format 02/05/2013--ANNUAL REPORT View image in PDF format 01/05/2012 --ANNUAL REPORT View image in PDF format 01/13/2011 --ANNUAL REPORT View image in PDF format 01/04/2010 --ANNUAL REPORT View image in PDF format 03/30/2009--ANNUAL REPORT View image in PDF format 01/03/2008--ANNUAL REPORT View image in PDF format 01/18/2007 --ANNUAL REPORT View image in PDF format 02/20/2006 --ANNUAL REPORT View image in PDF format 02/16/2005 --ANNUAL REPORT View image in PDF format 02/16/2004 --ANNUAL REPORT View image in PDF format 02/12/2003 --ANNUAL REPORT View image in PDF format 07/23/2002 --ANNUAL REPORT View image in PDF format 03/14/2001 --ANNUAL REPORT View image in PDF format 03/28/2000 --ANNUAL REPORT View image in PDF format 04/13/1999 --ANNUAL REPORT View image in PDF format 04/15/1998 --ANNUAL REPORT View image in PDF format 03/18/1997 --ANNUAL REPORT View image in PDF format 05/01/1996 --ANNUAL REPORT View image in PDF format 04/28/1995 --ANNUAL REPORT View image in PDF format http://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=Entity... 6/21/2016 Detail by Entity Name Page 3 of 3 Copyright©and Privacy Policies State of Florida,Department of State http://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=Entity... 6/21/2016 1. Veteran Owned Business. Is Proposer claimin a v teran 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 he 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:Ilsupplierportal.dnb.com/webapplwcslstoreslsery let/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 2016-032-AK 1 8 t ! f x z 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 2.0, 2011, the Mayor and C ; _e . , . :opted Ordinance 2014 .?• • . _ iI: • ..• '• - . -•.: - . •• Z-..• - -••• the City may, at its sole option, immediately deem sa.: - •e r- ..• . .. • . .._ - .. , . .. '.cc and fines. as provided in the City's Living Wage- Ordinance, as amended. For further information-en the Living Wage requirement you may contact ITB 2016-032-AK 19 SUBMITTAL REQUIREMENT: No additional submittal is rc••' -e. :. -• _ • - • affidavit document, Proposer agrees to the living wage requiremort. 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 Contractors 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 �0 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 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 .J � 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 "�,.........:.IL.ICT... .3:3 i..-.,.,...._.,YL a...-'Y:X�^^:"'. ITB 2016-032-AK 20 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 i Addendum 12 Addendum 3 Addendum 8 Addendum 13 Addendum 4 Addendum 9 j Addendum 14 Addendum 5 Addendum 10 Addendum 15 If additional confirmation of addendum is required,submit under separate cover. ITB 2016-032-AK 21 • i ` . ,,iaaZI'.DISCLOSURE,ANDDISMIMegf$.gatKNg Waiaitaaa ` 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 2016-032-AK 22 LL • A 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. %. Q 0 qi M:VIVAAMRPROPOSERTeriMC OL1 may • �.. 1 ki:,'+a 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, i 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: ;kb_M a , Title of Proposers Authorized Representative: A\c,,ah8Q7 ; 6ta\� Signature of Proposer's Authorized Representative: Date: 03 1 o ) b 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 201 6-032-AK 23 • APPENDIX E PROPOSAL TENDER FORM AND QUESTIONNAIRE Failure to submit Section_5,Bid PriceFo ,,r fsre tirety Ad.u11,y0ecuteYt y pstioadiin0 estabh 1 ec for: recei.t of •ro•osals will result in •ro■offal bein tle�med'non-res onsive'and 1,em ' a ected, , 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. Proposal Tender Form (Section 5) completed in pencil shall be deemed non-responsive. All corrections on the Bid Price Form (Section 5) shall be initialed. GROUP A BICYCLE PURCHASE. Group Bicycle brand % Discount off Manufacturer's Suggested Retail Price Item 1 TREK 100/0 2 iFORCE 3 GIANT — % 4 FUJI _t_c2% GROUP B BICYCLE PARTS AND ACCESSORIES Group Item Bicycle brand %Discount off Manufacturer's Suggested Retail Price 1 TREK _212% 2 iFORCE 3 GIANT 4 FUJI 30% GROUP C—MAINTENANCE AND REPAIR SERVICES Group Description Estimated Annual U/M Unit Cost Total Item Service Hours (Quantity X Unit Cost) 1 Hourly Rate 80 j Hourly Rate $ TO.-OQ $ S,tc Total , $ Group Description Estimated Annual %Discount off Discount Total Item Expenditures Manufacturer's amount (Expenditure—Discount Suggested Retail Price (Expenditures amount) X%Discount) 2 Parts $15,0000 % ? $ $ td,tico Total j $ Group C Total. (C1 +C2) : $1 I.boo.OQ Bidder's Affirmation - - . Company: I' 0.fes; � 07;1.�Li E. C,Q — Authorized Representative: A e,x Address: 146 Telephone: 5 - b`IA'�� — — — Email: COCK �? 1pke ■ • bzc.L. Lcl,� Authorized Representative's Signature: ._..:: .:-. .,,.:... ..v.. ....moo.(2."43gt.r..:,an.x'r�.._x Mq._.Pd .,'__';.`,^L£8�.:,��:..2sRl"..t.._..i::�Y'w:a'i�'a.... -.:-.S_...S•:•: ITB 2016-032-AK 34 - 't APPENDIX F Insurance Requirements ITB 201 6-032-AK BICYCLE: PURCHASE, PARTS , ACCESSORIES AND REPAIR SERVICES ITB 2016-032-AK s . • z5. ti t t ` The vendor shall furnish to the Department of Procurement, City of Miami Beach, 1700 Convention Center Drive, 3rd Floor, Miami Beach, Florida 33139, Certificate(s) of Insurance which indicate that insurance coverage has been obtained which meets the requirements as outlined below: A. Worker's Compensation Insurance for all employees of the vendor as required by Florida Statute 440. B. Commercial General Liability Insurance on an occurrence basis, including products and completed operations, contractual liability, property damage, body injury and personal & advertising injury with limits no less than $1,000,000 per occurrence, and $ 2,000,000 general aggregate. City of Miami Beach must be included as an additional insured with respect to this coverage. C. Automobile Liability Insurance covering all owned, non-owned and hired vehicles used in connection with the work, in an amount not less than 51,000,000 combined single limit per occurrence for bodily injury and property damage. D. Professional Liability ( Errors and Omissions) Insurance appropriate to the Consultant's profession with limit no less than $1,000.000 per occurrence or per claim, $2,000,000 aggregate. Insurance required above must include a Waiver of Subrogation in favor of the City. All insurance policies required above shall be issued by companies authorized to do business under the laws of the State of Florida, with the following qualifications: The company must be rated no less than 'A-" as to management, and no less than "Class VII" as to financial strength, by the latest edition of Best's Insurance Guide, published by A.M. Best Company, Oldwick, New Jersey, or its equivalent, subject to the approval of the City Risk Management Division. Or The company must hold a valid Florida Certificate of Authority as shown in the latest "List of All Insurance Companies Authorized or Approved to Do Business in Florida" issued by the State of Florida Department of Insurance and are members of the Florida Guaranty Fund. Certificates will indicate no modification or change in insurance shall be made without thirty (30) days in advance notice to the certificate holder. CERTIFICATE HOLDER MUST READ: CITY OF MIAMI BEACH 1700 CONVENTION CENTER DRIVE 3rd FLOOR MIAMI BEACH, FL 33139 • Compliance with the foregoing' requirements shall not relieve the vendor of his liability and obligation under this section or under any other section of this agreement. ITB 2016-032-AK 36 REFERENCES 1. City of Miami Beach Sgt Manuel Moraga 305-673-7776 ext 5668 manuelmoraga @miamibeachfl.gov Providing sales and service of bicycles and bicycle accessories since 1996 2. City of Miami Tahlia Gray- Buyer 305-416-1912 tgray @miamigov.com Providing sales of bicycle and bicycle accessories since 2014 3. Miami-Dade County Alexis Castro - Buyer 305-471-3264 alcastro @mdpd.com Providing sales and service of bicycles and bicycle accessories since 2002 COIE OF BUSL . ESS ED- 1 ;,_ S Miami Beach Bicycle Center, Inc. has adopted the Code of Business Ethics, as required by City of Miami Beach Resolution No. 2000-23879. r. Alex Ruiz - Miami Beach Bicycle Center From: Contractor Management Portal [Dun @supplierportal.dnb.com] Sent: Sunday, May 08, 2016 1:01 PM To: alex @bikemiamibeach.com Subject: Your Supply Management Certification Status THIS IS AN AUTOMATED EMAIL- PLEASE DO NOT REPLY Thank you for completing your Supplier Certification.This message is to inform you that your supplier certification report is not currently available. An investigation has been initiated to collect the required data and fabricate your certification report. You will be informed by email once the investigation is complete. Thank you for your patience. Sincerely, Supply Management Service Team If you have any questions, please contact our customer service team at SuppiierPortal(Jdnb.com. • 1 -Alex Ruiz Miami Beach Bicycle Cente¢ From: Contractor Management Portal [Dun @supplierportal.dnb.com] Sent: Sunday, May 08, 2016 1:01 PM To: alex @bikemiamibeach.com Subject: Your Supply Management Certification Receipt THIS IS AN AUTOMATED EMAIL- PLEASE DO NOT REPLY Dispiayed below is your Supplier Certification Receipt Date Time Company DUNS Product • Cost 05-08- MIAMI BEACH BICYCLE CENTER Supplier r 2016 1i:01:10INC 086j07014Certification Sub Total 91.)5 • Tax $0.00 Total $91.95 Charge If you have any questions, please contact our customer service team at SupplierPortTdnb.com • 1 • QoF-x�h,�e.Detail by Entity Name Page I of QOF.Xche�a.,, 0 9 .„ 4'#-doeu-Oatµ, „.„..„.cY-• FLORIDA DEPARTMENT OF STATE '1i 4' DIVISION OF CORPORATIONS .51/4/Z ,1- 1*.e-,-.-; Detail by Entity Name Florida Profit Corporation MIAMI BEACH BICYCLE CENTER, INC. Filing Information Document Number G80983 FEI/EIN Number 59-2355364 Date Filed 12/22/1983 State FL Status ACTIVE Principal Address 746 5th Street MIAMI BEACH, FL 33139 Changed: 01/15/2016 Mailing Address 746 5TH STREET MIAMI BEACH, FL 33139 Changed: 01/15/2016 Registered Agent Name & Address RUIZ, JOAQUIN R 746 5th Street MIAMI BEACH, FL 33139 Address Changed: 01/15/2016 Officer/Director Detail Name &Address Title PTD RUIZ, JOAQUIN R 746 5th Street MIAMI BEACH, FL 33139 Title SD RUIZ, ALEIDA 746 5th Street MIAMI BEACH, FL 33139 http://search.sunbiz.org/Inquiry/CorporationSearch/Search ResultDetai I?inquirytype=Entity... 5/13/20 16 r ` Detail by Entity Name Page 2 of F X�he ,,,,,,,,,,,,,,e Detail - �� 44' , ,9 o oF. ..e Y1f94..."CY-1f94�4.. Title VP RUIZ, DANIEL 746 5th Street MIAMI BEACH, FL 33139 Title VP RUIZ,ALEXANDER 746 5th Street MIAMI BEACH, FL 33139 Annual Reports Report Year Filed Date 2014 01/08/2014 2015 01/20/2015 2016 01/15/2016 Document Images 01/15/2016 --ANNUAL REPORT View image-in'PDF format 01/20/2015 --ANNUAL REPORT View image in PDF format 01/08/2014 --ANNUAL REPORT View image in PDF format 02/05/2013 --ANNUAL REPORT View image in PDF format 01/05/2012 --ANNUAL REPORT View image in PDF format 01/13/2011 --ANNUAL REPORT View image in PDF format 01/04/2010 --ANNUAL REPORT View image in PDF format 03/30/2009 --ANNUAL REPORT View image in PDF format 01/03/2008 --ANNUAL REPORT View image in PDF format 01/18/2007 --ANNUAL REPORT View image in PDF format 02/20/2006 --ANNUAL REPORT View image in PDF format 02/16/2005 --ANNUAL REPORT View image in PDF format 02/16/2004 --ANNUAL REPORT View image in PDF format 02/12/2003 --ANNUAL REPORT View image in PDF format 07/23/2002 --ANNUAL REPORT View image in PDF format 03/14/2001 --ANNUAL REPORT View image in PDF format 03/28/2000 --ANNUAL REPORT View image in PDF format 04/13/1999 --ANNUAL REPORT r View image in PDF format ` 04/15/1998 --ANNUAL REPORT View image in PDF format 03/18/1997 --ANNUAL REPORT View image in PDF format 05/01/1996 --ANNUAL REPORT View image in PDF format 04/28/1995 --ANNUAL REPORT View image in PDF format http://search.sunbiz.org/inquiry/CorporationSearch/SearchResultDetai I?inquirytype=Entity... 5/13/2016 „co.„,„,,,,. etail by Entity Name Page 3 of 1QOF.X�ti,,Bs w F F G oeu-trscM°e `.1ocu-trecr'�e Coovrinhr CO and Privary Polities , State of Florida,Department of State http://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetai I?inquirytype=Entity... 5/1 3/20 16 ATTACHMENT D INSURANCE REQUIRMENTS MIAMI BEACH APPENDIX F Insurance Requirements ITB 2016-032-AK BICYCLE: PURCHASE, PARTS, ACCESSORIES AND REPAIR SERVICES ITB 2016-032-AK 35 MAMIBEACH' The vendor shall furnish to the Department of Procurement, City of Miami Beach, 1700 Convention Center Drive, 3rd Floor, Miami Beach, Florida 33139, Certificate(s) of Insurance which indicate that insurance coverage has been obtained which meets the requirements as outlined below: A. Worker's Compensation Insurance for all employees of the vendor as required by Florida Statute 440. B. Commercial General Liability Insurance on an occurrence basis, including products and completed operations, contractual liability, property damage, body injury and personal & advertising injury with limits no less than $1,000,000 per occurrence, and $ 2,000,000 general aggregate. City of Miami Beach must be included as an additional insured with respect to this coverage. C. Automobile Liability Insurance covering all owned, non-owned and hired vehicles used in connection with the work, in an amount not less than $1,000,000 combined single limit per occurrence for bodily injury and property damage. D. Professional Liability ( Errors and Omissions) Insurance appropriate to the Consultant's profession with limit no less than $1,000.000 per occurrence or per claim, $2,000,000 aggregate. Insurance required above must include a Waiver of Subrogation in favor of the City. All insurance policies required above shall be issued by companies authorized to do business under the laws of the State of Florida, with the following qualifications: The company must be rated no less than "A-" as to management, and no less than "Class VII" as to financial strength, by the latest edition of Best's Insurance Guide, published by A.M. Best Company, Oldwick, New Jersey, or its equivalent, subject to the approval of the City Risk Management Division. Or The company must hold a valid Florida Certificate of Authority as shown in the latest "List of All Insurance Companies Authorized or Approved to Do Business in Florida" issued by the State of Florida Department of Insurance and are members of the Florida Guaranty Fund. Certificates will indicate no modification or change in insurance shall be made without thirty (30) days in advance notice to the certificate holder. CERTIFICATE HOLDER MUST READ: CITY OF MIAMI BEACH 1700 CONVENTION CENTER DRIVE 3'd FLOOR MIAMI BEACH, FL 33139 Compliance with the foregoing requirements shall not relieve the vendor of his liability and obligation under this section or under any other section of this agreement. ITB 2016-032-AK 36 r ® DATE(MMlDDiYYYY) f A R� . CERTIFICATE OF LIABILITY INSURANCE �,(MM/,OI(, 1 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 1 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 Phone: (9521944-2929 CONTACT Ben Pan Fax: (952)944-309) — Horizon Agency,Inc. faON o.Ext): 052)914-71?L FAX No): (952)944-3091 I E-MAIL henbchorizonagency.com j 6500 City West Pkwy#100 ADDRESS; _-----_-_-- — ----.-_...... Eden Prairie,Minnesota 55344 INSURER(S)AFFORDING COVERAGE — NAIC it _ I INSURER A: Allied Property And Casualty Insurance Company 42579 INSURED i INSURER B: Miami Beach Bicycle Center,Inc. INSURER C: i 746 5th Street Miami Beach,FL 33139 INSURER D: INSURER E: INSURER F: I COVERAGES CERTIFICATE NUMBER:7527 REVISION NUMBER: I 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 i CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, 1 EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. W$R ADDLISUBR ------ ---"' -- -------- LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER T POLICY EFF I POLICY EXP I(MM/OD/YYYY)!(MM1oD/YYYY)I LIMITS ✓ COMMERCIAL GENERAL LIABILITY ACPBPRC300769 1 3 1 5 ! EACH OCCURRENCE $ I,000.0Ot' 6/1 6/20 16 6 1 612017 A. I 1 ! DAM-AZ,ET�R NTEf7 ---.__..... 300,000! —�CLAIMS MADE ✓ OCCUR PREMISES(Ex occurrence) I I i I MED EXP(Any one person) $ 5,(1(111 I PERSONAL&ADV INJURY j$ 1,000,(1.I1;1 iGEN'L AGGREGATE LIMIT APPLIES PER: i j GENERAL AGGREGATE $ 2,000,0th) —1____I PRO- I i 2.000.N0 1 ✓I POLICY JECT I i LOC PRODUCTS-COMP/OP AGO $ 1 I j ---- $ i I OTHER: I I AUTOMOBILE LIABILITY l COMBINED SINGLE LIMIT I$ __ I Lt) ---.. .....----------.._. I 1 ANY AUTO 1 BODILY INJURY(Per person) I$ ALL OWNED ---1 SCHEDULED ——— -- — 1 ,_. ,AUTOS ._�AUTOS C BODILY INJURY(Per accident)j$ , NON-OWNED I I ! PROPERTY DAMAGE HIRED AUTOS i AUTOS F.f Per accident1 ______....__._.... • l t ! ! : 1$ UMBRELLA UAB OCCUR j EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE 1$ _ 1 I DED I RETENTION$ j - PER $ _ 1 WORKERS COMPENSATION I j j PER OTH- "T I 1 AND EMPLOYERS'LIABILITY Y/N i i STATUTE ER ------------ • ANY PROPRIETOR/PARTNER/EXECUTIVE ! E.L.EACH ACCIDENT 1$ I OFFICER/MEMBER EXCLUDED? N/A I I — 1.— --"—"'--- - ! (Mandatory in NH) j E.L.DISEASE-EA EMPLOYEE$ !If yes,describe under _..---------.._._.._---'--------.---• I DESCRIPTION OF OPERATJONS below j E.L.DISEASE-POLICY LIMIT $ • • • I I � . I DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) .- • CERTIFICATE HOLDER CANCELLATION Holder's Nature of Interest:Certificate Holder • SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFOFI' City of Miami Beach THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED ACCORDANCE WITH THE POLICY PROVISIONS. I 700 Convention Center'Dr. 3rd Floor AUTHORIZED REPRESENTATIVE Miami Beach, FL 33139 '1-° •1 )y, ©1988-2014 ACORD CORPORATION.All rights reserver;. ACORD 25(2014/01) The ACORD name.and logo are registered marks of ACORD 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 day of , 20 , by their respective duly authorized representatives. Miami Beach Bicycle Center, Inc. CITY OF MIAMI BEACH By 1 ' By Presiden L'gnature Philip Levine, Mayor MCX x∎11 Print Name ATTEST: ATTEST: Secretary/ Signature Rafael E. Granado, City Clerk Print Name Date Date APPROVED AS TO FORM & LANGUAGE & FOP EXECUTION 4ckv .1 Ow:(1 C, z ( I 11 ity Attorney - -e 5 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 day of , 20 , by their respective duly authorized representatives. Miami Beach Bicycle Center, Inc. CITY OF MIAMI BEACH l By By Preside Signature Philip Levine, Mayor 410e Ow■l, • Print Name ATTEST: ATTEST: Secretary/ Signature Rafael E. Granado, City Clerk Print Name Date Date • APPROVED AS TO FORM & LANGUAGE • & FOR EXECUTION City Attorney Date 5 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 day of , 20_, by their respective duly authorized representatives. Miami Beach Bicycle Center, Inc. CITY OF MIAMI BEACH By By President/ ' nature Philip Levine, Mayor Alt)C P")V.)-) Print Name c ATTEST: ATTEST: Secretary/ Signature Rafael E. Granado, City Clerk Print Name Date Date APPROVED AS TO FORM & LANGUAGE ,3 &I FOR EXECUTION 6(141' av City Attorney Dote 5