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Certification of Contract with Design Lab, Inc. MIAMIBEACH cg, C CITY OF MIAMI BEACH /j2 /( g CERTIFICATION OF CONTRACT TITLE: For Apparel and Accessories Citywide CONTRACT NO.: ITB 2018-044-ND EFFECTIVE DATE(S): This Contract shall remain in effect for a period of three (3) years from date of execution by the Mayor and City Clerk of the City of Miami Beach, and may be extended at the sole discretion of the City, through its City Manager, for two (2)additional (1) year terms. SUPERSEDES: 25-10/11 CONTRACTOR(S): Design Lab, Inc. Primary Group 1 &2 (Items 5, 8-9, 25, 27 31, 37, 38, 44) Secondary Group 1 & 2 (Items 2-3, 6, 13, 15, 16, 17-24, 26, 32-34, 35, 36, 41-42, 45-47) Primary Group 3 (Items 1-3) ESTIMATED ANNUAL CONTRACT AMOUNT: N/A A. AUTHORITY - Upon affirmative action taken by the Mayor and City Commission of the City of Miami Beach, Florida ("City"), on September 12'", 2018, approving the award of this Contract, and upon execution thereof by the City and Design Lab, Inc., a South Carolina corporation, authorized to do business in Florida (the "Contractor"). B. EFFECT - This Contract is entered into to provide for Apparel and Accessories Citywide pursuant to City Invitation to Bid No. ITB 2018-044-ND 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 2018-044-ND. 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, Alex Denis/Director Procurement Department at 305-673-7490 ext. 6641. 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 ITB-2018-044-ND Page 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 — Contractor acknowledges that the provisions of the Public Entity Crimes Act, Section 287.133, Florida Statutes, shall apply to this Contract, which statute provides, in pertinent part, that 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. ITB-2018-044-ND Page 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 City of Miami Beach Procurement Department 1755 Meridian Avenue, 3'd Floor Miami Beach, Florida 33139 Phone:305-673-7490 ext. 6641 Email: alexdenis(a)miamibeachfl.gov With copies to: City Clerk City Clerk Office 1700 Convention Center Drive Miami Beach, Florida 33139 For Contractor: Design Lab, Inc. 825 Old Airport Road Greenville, SC. 29607 Attn: Matt Moller Phone: 305.577-4825 E-mail: mattpmoller(dyahoo.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. ITB-2018-044-ND Page 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. O. AMENDMENTS - No modification, amendment, or alteration in the terms or conditions contained herein, or in the Contract Documents, shall be effective unless contained in a written document prepared with the same or similar formality as this Contract and executed by the City and Contractor. P. INSURANCE & BONDS - 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. ORDER OF PRECEDENCE - 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. R. PURCHASE ORDER REQUIRED - Contractor shall have no entitlement to perform any services hereunder, or to be compensated for any services, unless set forth in a written Purchase Order. S. ADDITIONAL ITEMS / SERVICES. Although this solicitation and resultant contract identifies specific goods, services or facilities ("items'), it is hereby agreed and understood that the City may require additional items to be added to the Contract which are ancillary or supplemental to the items specified herein and 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 the additional items. If these quote(s) are determined to be fair and reasonable, then the additional items will be awarded to the current contract vendor(s) through either a Purchase Order (or Change Order if Purchase Order already exists) or an amendment to the Contract. Additional items with a cumulative value of $50,000 or less may be approved by the City Manager. City Commission approval is required for additional items with a cumulative value greater than $50,000. ITB-2018-044-ND Page 4 Page 5 Certification of Contract T. MANDATED LOGOS OR EMBROIDERY. - From time to time, the City may issue written notice to Contractor requiring certain apparel items provided to the City include a mandated logo or embroidery. In the event that the City issues written notice for mandated logo or embroidery, the Contractor shall be solely responsible to assure that the applicable items (for which a purchase order was issued after the date of the written notice) are delivered with the required logo or embroidery affixed. Contractor's failure to include the mandated logo or embroidery shall deem the delivered items unacceptable and rejected; and the City shall not pay for any items delivered without the required logo or embroidery. ITB-2018-044-ND Page 5 Page 6 Certification of Contract IN WITNESS WHEREOF the City and CAntractor have caused this Certification of Contract to be signed and attested on this 'eS day of I(v��chnnyv. 20 it by their respective duly authorized representatives. DESIGN LAB INC 9 CITY OF MIAMI BEACH By _10614/1- /k President/ Signature Mayor c)or/l5 tklr)L6 £/ Print Name ATTEST: ATTEST: /1I _ / t C DMil/e4A411 / ecretary/ SignatureRafael E ranado, City Clerk Jnmir, Churn Lac% I /6/1`G Print NameisK,,¶Date Y„;(0‘N..... ,,y IL -31 IR 1�� Date it i OR( 'ORATED * 'i li ;l ' v.; tx26 APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION EXXEEfCU� 0- ITION � .Xy'rtL - t e City Attorney Dafe ITB-2018-044-ND Page 6 ATTACHMENT A RESOLUTION COMMISSION ITEMS AND COMMISSION MEMORANDUM Coversheet Page 1 of 2 Competitive Bid Reports-C2 C MIAMI BEACH COMMISSION MEMORANDUM TO. Honorable Mayor and Members of the City Commission FROM. Jimmy L.Morales,City Manager DATE: September 12.2018 SUBJECT: REQUEST FOR APPROVAL TO AWARD A CONTRACT PURSUANT TO INVITATION TO BID (ITB) NO. 2018-044- ND, FOR APPAREL AND ACCESSORIES CITYWIDE. RECOMMENDATION The Administration recommends that the Mayor and City Commission of the City of Miami Beach, Florida approve the City Manager's recommendation pertaining to bids received,pursuant to ITU 2018-044-ND,Apparel and Accessories Citywide. ANALYSIS Certain departments, per labor agreements, must provide uniforms (apparel and accessories) to its employees. In order to establish a contract for the purchase and delivery of apparel,accessories,and tailoring services,on June 26,2018,the City issued Invitation to Bid 2018-044-ND (the 'Inc). The purpose of the ITB is to establish a contact, by means of sealed bids, with a qualified firm(s)to provide apparel and accessories Citywide at discount pricing. ITB PROCESS The ITB was issued on June 26, 2018, with bid opening date of July 26, 2018. One addendum was issued. The Procurement Department issued bid notices to 592 companies utilizing www.pubiicpurchase.com website.134 prospective bidders accessed the advertised solicitation.The notices resulted in the receipt of seven (7)responses from.Aramark Uniform&Career Apparel Group, Inc. ("Aramark"), Brown & Bigelow, Inc. ("Brown & Bigelow"), Design Lab, Inc. ("Design Lab'), Global Trading, Inc. ('Global Trading'),Lawmen's&Shooters'Supply.Inc.("Lawmen's"),Royal"T"Screen Printing Corp. D/B/A Unicommerce('Unicommerce"), and Swago T-Shirts,Inc.("Swago").See Attachment A for a tabulation of bids received. In its due diligence review of the bids received, it has been determined that the bid submitted by Aramark was deemed non- responsive for a number of reasons. First, Aramark failed to furnish, as required by the ITB, a complete Attachment A, Bidder Certification and Requirements Affidavit. Specifically, Aramark did not submit a disclosure of conflict of interest, references, disclosure of vendor campaign contributions, and disclosure regarding compliance with code of business ethics. Further,Aramark's cost proposal did not include a bid for all lines within Group 2, Supplementary Items and Services, as required in the ITB. Accordingly, Aramark's bid has been deemed non-responsive and cannot be further considered.Staff has verified that the bids submitted by Brown&Bigelow. Design Lab, Global Trading, Lawmen's, Unicommerce, and Swago met the requirements of the ITS and can be considered. In order to assure items are available as necessary, it is in the City's best interest to award a primary and secondary vendor for each group. Accordingly, the lowest responsive and responsible bidders, for eachrespective groups, meeting all terms and conditions of the ITB.are indicated in the table below: GROUP 1 &2 Item Primary Vendor Secondary Vendor 1 Design Lab Global Trading 2-3 Swago Design Lab 5 Design Lab Global Trading 6 Swago Design Lab 8-9 Design Lab No Bid 10 Unicommerce Global Trading 12 Unicommerce Global Trading 13 Swago Design Lab 14 Swago Global Trading 15 Swago Design Lab 16 Global Trading Design Lab 17-24 Swaqo Design Lab 25 Design Lab Global Trading 26 Swago Design Lab 27 Design Lab Unicommerce 30 Global Trading N/A 31 Design Lab Global Trading 32-34 Swago Design Lab 35 Unicommerce haps://miamibeach-novusagcnda.com/agendapublic/CoverSheet.asps?ItcmID-9638&Meet... 9/12/2018 Coversheet Page 2 of 2 Design Lab and Brown 8 Bigelow(tied) 36 Global Trading Design Lab 37 Design Global Trading 38 Design N/A 39 Swago Global Trading 40 Global Unicommerce 4142 Swago Design Lab 43 Unicommerce N/A 44 Design Global Trading 45-47 Swago Design Lab GROUP 3-ACCESSORIES Primary Vendor Secondary Vendor_ 1-3 Design Lab Global Trading No bids were received for Group 1 Items 4, 11,28 and 29 and, thus, are not being recommended for award. All items in Group 2. Supplementary Items and Services,are being recommended for award to the vendors awarded under Group 1. Brown 8 Bigelow. Inc. Brown 8 Bigelow is a leading distributor of promotional products and calendar advertising founded in 1896. They have been registered in the state of Florida as a foreign profit corporation since February 1999. References indicate satisfaction with the services provided. Design Lab Inc. Design Lab, Inc.is an apparel manufacturer and product distributor specializing in top-quality custom clothing,outerwear,uniforms, accessories and promotional products for numerous agencies nationwide. References indicate satisfaction with the services provided. Global Trading Inc. Global Trading, Inc.is a distributor and full service center for a wide range of public safety uniforms, career apparel,and industrial clothing manufacturers. Global Trading has been a vendor for the City since 2001 and has performed well. Royal"T"Screen Printing Corp.D/B/A Unicommerce Unicommerce, established in 1988, is one of the nation's leading distributors for custom printing and embroidered shirts and apparel.Unicommerce has been a vendor for the City since 2001. To date the City is satisfied with the serviced being provided. Swago T-Shirts. Inc. Swago T-Shins, Inc. is a promotional product supplier for restaurants, bars, hotels, schools and government entities. Swago provides these services to 33 states and The Virgin Islands. Swago T-Shirts, Inc.has been a vendor for the City since 2001 and has performed well. CONCLUSION After considering the bids received and staffs recommendation, pursuant to ITB 2018-044-ND, I recommend that the Mayor and City Commission of the City of Miami Beach, Florida,approve the award of a contract to Brown 8.Bigelow, Inc., Design Lab, Inc., Global Trading, Inc., Royal "T" Screen Pnnting Corp. D/B/A Unicommerce, and Swago T-Shirts, Inc., the lowest responsive, responsible bidders to the ITB for the respective groups identified in the table above; and further authorize the Mayor and City Clerk to execute the contracts. KEY INTENDED OUTCOMES SUPPORTED Streamline The Delivery Of Services Through Al Departments FINANCIAL INFORMATION All expenditures pursuant to this contract will be based on approved funding appropriated to the respective department's budget. Legislative Tracking Citywide/Procurement ATTACHMENTS: Description O Attachment A https://miam ibeach.novusagenda.com/agendapublic/CovcrShect.aspx?ItemID=9638&Meet... 9/12/2018 ATTACHMENT A Aramark Royal"T'Screen ITB 2014-044-ND APPAREL AND Uniform Bt Printing Corp. Lawmens& ACCESSORIES CITYWIDE Career Apparel Swag,T- Global Brown 6 dba Shooters' Group,Inc.' Shins,Inc. Design Lab,Inc. Trading,Inc. Bigelow,Inc Unicommerce Supply.Inc GROUP I.APPAREL Pe rcenbge() Peaenb geance nhge MI Percentage 1%) Pere nbge 5t Fertenn¢lRi Pam Ellie!%j tem Brand Discount i 1015cnwt Discount Discount Discount 0iscowi Discount t 511 Io-&9 NO Bid 26% 23% NO Bid 15% No sic ADAMS USA las 75% 40% 26% No Bid 2.% No Bo ACERNAT VE AP°ABEL Wde 75% 30% 1 NO Bic 27% Awev _o ALLLIMFORM WEkR` Ne&e Nast Ne-]N NO-814 M89 NSI-B0 �Wedd. AMERICAN WORK APPAREL Nt NO Bid 30% 25% No Boo No dd No dd ANVIL NH9 75% 30% - 25% - - No 3d 27% No ad ARAMARK Aut. No Bid No Bid No 3t0 N,eid NO BO No Ed AUBLRN MANLFACTRING INC Le&e NO Bid 25% No 3m No Bid No BC Rio Bid ' BIANCHI reSm . No Bd 15% No 3d No Bid No tld No 2d I BLACKHA'WK N,bk No 34 146 22.5% No Bid 133S No Rd I 13;eUFR` 45-859 Ne-S54 Ne=w N,3+4 Neal Medd bde 1 BULWARK Ne-113 IAorS 26% 20% 22% No 3W 1 COLUMBIA SPORTSWEAR Ne4349 75% 31% 27 20% 27% NoRi.'1 - 1 CORNERSTONE Ne-Sq 35% JL% 32e% No 3e 111 No do 1 DEVON&JONES 2094 75% 30% /.3t No 31d I:% No dd 1 DICKIES NeSi 5 26% vP,S 2Ss 51% No am I DISTRICT Ne-Sm 75% 30°4 2LYF No Bed 2/% No in I DISTRICTMADENeSm 75% 30% 2/a3 25% 2T% No WI 2 EDW ARA Na414 75% 30% 2].516 25% 2'i 2 EDDIE Cs, HR No3k 75% 30% Pore No 3d 1, No Su 2 GILD AN LOOM 111% 5% 30% 2..3% 25. 27< No Sc] 2 H -Si 75% 30% Sire 25% 27% No 3d 2 HANESARRS W919 5% 30% 275ls 25% 27% No 3N 2 HORACE SMA Re d 75% 30% 275%2. % 1Ia% 2,%% No Sc] 2 HORACE NeSc 15% 39% R]% 1o% Eli No dN 2 hPZEE9 Neal ]oB 30% 22D% bh 2/% No Bi 2 OARRn CLOTHING NHN No Bid e- Ne-Sd No Sid 2r% No Bid 2 MIDWAY !CHIP' Ne3id Neild Neal Ned4 Ne4.6 int-die Naim 2 MIDWAY CI OTH Nf` Wdi9 No Ba No Bel N'5%e Magic Foint NeRIR 3 NECEAN Neild No Bid No Bel 15% No BIR No Boiaid No Bltl 3 NEESE IAOWTRlE4 Na-Rie No%d 25% 2ZP6 No BR Mad No Bid 3 NEN ERA WriF 75% l0% tl.a# No SR LP6 No 61d ATTACHMENT A 33 NIKE Ne34,1 75% 30% D of ck. 21a No Sid 34 CGIO Ne& 75% 30% 2/3t 1]5 Lr16 NOdel 35 OTTO Ve&e No ad 25% No Bid 2511 27% Nodd 36 PORT AuTHORITH No94 No Se 30% 1254 t5% 2:% No did 37 PCR'AND COMPANY Ne},/ No 9d 30% 175% 15% 2/i No id 38 PVOP^ER 4D444 No ad 13% Na Eye NO Bid Na dic No dd 59 RED HOUSE Nedd 75% lanm 32,S% 1U% eu No Be 40 RU0 4N Nedd 15%% 3011 10.56 NIB 27% No did 41 RUSSELLTEK. lc Ne-.1,4 15% 30% 2:o% poem .it$ No 36 did 43 2ACRT rCAL D .Ne Bi15% C9 N By 15% No did 43 -RU SPEC DISTRIBUTORS Neal No Bid NC 96 Weld No Bic 15%Ob No did 44 LLDACL Ne. No Bid 39% 22ax No Bid No 66 No Bio 45 "UPCONG Ne3.d 75% 30% 27aW a% 219• No tlio 46 VAN Ne44 75 30% 1151 o B. 27°% No am 47 vAV.IEbSEV Nodq 75% 50% 0106 No Bid 27% Na gm Aramark koyal'T" Uniform& Screen Career Printing Corp. Lawmens& Apparel Swago T-Shins, Design Lab, Global Brown& dba Shooters' ' Group.Inc Inc. Inc Trading,Inc Bigelow.Inc. Unicommerce Supply,Inc. GROUP 2.SUPPLEMENTARY ITEMS AND SERVICES Item Suppkmenraryltems and Services 11,M Unit Cost Unit Cost Unit Cost Ural Cost Unit Cos' Unit Cost lint Cost Embroidered Oily Logo Lot &30 $250 $250 $450 $295 WW No Rd 1 See Appendix 0) EmbM3ered CM Seal Each 4690 $2.60 5250 $dW $350 $450 No Bid 1 ioee Apsendd GI 5 Employee Varna Each $b% AW 5500 $350 $3N $200 No Bd 4 City Deprmenl Name Each H-i0 $232 $100 $1N 5350 $1 50 No 90 5 AdditionalMes of Text Each 80&2 $250 $300 $300 $1 00 at NoSenrcePgsi No Bid st 6 9agle Color Silk Screened Fad, glA 40.79 $125 $250 50.[5 $075 No Rd 7 Tw CoIcrSik Screened Eam $44 5032 $175 5300 5025 $125 No Bd a Three Color Silk Screened Each 4435 5114 $200 S4.00 $150 $175 No Bd g Refecae SafelyTape Each 6240 $125 $5.00 $950 Sergi Ial $700 No Bq No Cast 10 Pant Hems Each NiA $1 00 5'50 52.50 $150 $2550 Need ATTACHMENT Aramark Royal"T"Screen Uniform& Printing Corp. Lawmen's& Career Apparel Swago T- Global Brown& dba Shooters' Group,Inc Shirts,Inc Design Lab,Inc. Trading,Inc. Bigelow,Inc Unicommerce Supply.Inc. GROUP 3.ACCESSORIES Percentage l°61 Percentage Percentage 9a Percentage l°%l Percentage OO Percentage.:MI Percentage MO Item Disco LM OM Discount Discount Discount Discount Discount Discount Brand lb) (b) ib) Ibl Ib) )b) MI 1 BLACNINTON Me84 No Bid 25% 12.5% No Bid No B1 20% 2 BOSTON LEATHER Ne8i No Bid 15% I05: NO Bid No Sim No Bid 3 SAMUEL BROOME Ne&4 No Bid 25% 10% No Rd No Sod No Bid Deemed nonny nnz Refer to Memarrum 2 rvob s amrm.Not Deere Tmmmereea,a award. Exhibit" A ' to the Agreement MB Rising Logo Requirement The Miami Beach Rising logo is required on all shirts regardless of type(e.g., polo,t-shirt,short or long sleeve button up).The specification requirements are as follows: Location-For polo, t-shirt and short sleeve shirts, logo shall be centered on left arm sleeve as indicated before. For long sleeve shirts, logo shall be centered on left arm sleeve 4"below shoulder/sleeve transition. Polo ee LOCA OF MB RISING ABOVE LOGO Front Back Size-Logo shall be approximately 1.25"high x 2"wide. Color and Design-Logo shall be text only. - QBE ACH shall be in standard Miami Beach green. RISING ABOVE shall be in standard Miami Beach blue. AA IAMIBEACH RISING ABOVE ATTACHMENT B INVITATION TO BID (ITB) AND ADDENDUMS MIAMI BEACH Procure m and Department, 1755 Meridian Avenue, 3'e Floor, Miami Beach, Florida 33139, www.miam'beacnt gov, 305-673-7490 ADDENDUM NO. 1 INVITATION TO BID NO. 2018-044-ND APPAREL AND ACCESSORIES CITYWIDE July 17, 2018 This Addendum to the above-referenced ITB is issued in response to clarifications and revisions issued by the City. The ITB is amended in the following particulars only (deletions are shown by strikethrough and additions are underlined). 1. RESPONSES TO QUESTIONS RECEIVED. Q1: If we can only do one color screening coes this eliminate us from being considered? Al: In order to be considered for Group 1 the bidder will need to submit pricing for all items in Group 2. Q2: In Appendix C, Item C3 - the list of Brands/ Manufacturers - Would the City consider adding that if a bidder is going to offer any of the listed name brands, that the bidder is an approved dealer for same......... as is the practice of certain agencies, such as Miami- Dade County, who requests a letter from each manufacturer naming the dealer, thereby eliminating the risk that the City might receive counterfeit or "same as" versions of merchandise? A2: The City is not requiring manufacturer letters as many items are available from resellers/dealers, as well as manufacturers. 03: Just confirming that this is the correct information for Bianchi, they sell biking apparel? http://wwvv.bianchiusa.com/store/ A3: Yes, the web address provided for Bianchi is correct. Q4: On the bid due date, does the City prefer to receive only electronic (CD or USB) formats of manufacturers' MSRP lists, rather than 3 bound copies of printed paper lists, since printed paper versions will be lengthy, bulky and of considerable weight, and/or the request for paper could be deferred until requested of a vendor, to comply and provide "within 3 calendar days"? A4: Electronic copies of manufacturers' MSRP lists are acceptable. Any questions regarding this Addendum should be submitted in writing to the Procurement Department --_---to_..the-attention- of--the-Individual—named--beiow,nvith--a—copytothe City Clerk's—Office --- RafaelGranadona miamibeachfl.gov, Procurement Contact: Telephone: Email 1 Natalia Delgado 305-673-7000, ext 6263 nataliadelgado@miamibeachfl.gov Proposers are reminded to acknowledge receipt of this addendum as part of your ITB submission. 1, Pote tial proposers that have elected not to submit a response to the ITB are requested to complete and 11 ret he "Notice to Prospective Bidders" questionnaire with the reason(s)for not submitting a proposal. :i -rely,//�/(///!�/�', /y//7 ....1 x e is' V 1 . hit.. -ro. rment Director I ADDENDUM N0.1 INVITATION TO BID NO.2018-044-ND APPAREL AND ACCESSORIES CITYWIDE INVITATION TO BID ( ITB ) APPAREL AND ACCESSORIES CITYWIDE 2018-044-ND BID ISSUANCE DATE: JUNE 26, 2018 BID DUE: JULY 26, 2018 @-3:00 PM ISSUED BY: MIAMI BEACH NATALIA DELGADO, PROCUREMENT CONTRACTING OFFICER I PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3r° Floor, Miami Beach, FL 33139 305.673.7000 x62631 nataliadelgado@miamibeachfl.gov I www.miamibeachf.gov L ',` BEACH TABLE OF CONTENTS SOLICITATION SECTIONS: PAGE 0100 NOT UTILIZED N/A 0200 INSTRUCTIONS TO BIDDERS & GENERAL CONDITIONS 3 0300 BID SUBMITTAL INSTRUCTIONS & FORMAT 15 APPENDICES: APPENDIX A PROPOSAL CERTIFICATON, QUESTIONNAIRE AND AFFIDAVITS APPENDIX B "NO BID" FORM APPENDIX C MINIMUM REQUIREMENTS & SPECIFICATIONS APPENDIX D SPECIAL CONDITIONS APPENDIX E COST PROPOSAL FORM APPENDIX F INSURANCE REQUIREMENTS APPENDIX G LOGO AND SEAL REQUIREMENTS ITB 2018-044-ND 2 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.publicourchase.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 ITB is to establish contract, by means of sealed bids, with a qualified firm(s) to provide apparel and accessories Citywide, on an as needed basis, for the City's Parks and Recreation, Code Compliance, Public Works, Building and other Administration Departments, in accordance with the requirements and specifications detailed herein and more specifically in Appendix C. Interested firms may submit a bid for: 1) Groups 1 and 2: and/or 2) Group 3. Bidders that submit a bid for Group 1 shall submit a bid for Group 2. Otherwise, a bid for Group 1 will not be considered. 3. SOLICITATION TIMETABLE.The tentative schedule for this solicitation is as follows: ITB Issued JUNE 26, 2018 Pre-Bid Meeting JULY 5, 2018 @ 9:00 a.m. (ET) Deadline for Receipt of Questions JULY 16, 2018 Responses Due JULY 26,2018 @ 3:00 p.m. (ET) 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'. Natalia Delcado 305-673-7000 x6263 nataliadel.ado• miamibeachfl..av Additionally, Ale City Clerk is to be copied on all communications via e-mail at RafaelGranado. miamibeachfl..ov; or via facsimi e: 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 2018-044-ND 3 '.' BEACH 4. PRE-BID MEETING OR SITE VISITIS). 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:/Ilibrary.municode.com/index.aspx?cfientlD=13097&slalelD=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://www.miamibeachfl.gov/city- _. h all/procu remenLJprocuremen t-relatedordinanceand-procedures/ CONE OF SILENCE CITY CODE SECTION 2.486 PROTEST PROCEDURES CITY CODE SECTION 2371 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 2018-044-ND 4 - 1 BEACH • PREFERENCE FOR FLORIDA SMALL BUSINESSES OWNED AND CONTROLLED BY VETERANS AND TO STATE-CERTIFIED SERVICE- DISABLED VETERAN BUSINESS ENTERPRISES CITY CODE SECTION 2-374 • FALSE CLAIMS ORDINANCE.. . CITY CODE SECTION 70-300 • ACCEPTANCE OF GIFTS.FAVORS&SERVICES CITY CODE SECTION 2-449 8. EXAMINATION OF SOLICITATION DOCUMENTS AND SITE: It is the responsibility of each Bidder, before submitting a Bid, to: • Examine the solicitation thoroughly. • Visit the site or structure, as applicable, to become familiar with conditions that may affect costs, progress, performance or furnishing of the Work. • Take into account federal, state and local (City and Miami-Dade County) laws, regulations, permits, and ordinances that may affect costs, progress, performance, furnishing of the Work, or award. • Study and carefully correlate Bidder's observations with the solicitation. • Notify the Procurement Director of all conflicts, errors or discrepancies in the solicitation of which Bidder knows or reasonably should have known. • The submission of a Bid shall constitute an incontrovertible representation by Bidder that Bidder has complied with the above requirements and that without exception, the Bid is premised upon performing and furnishing the Work required by the solicitation and that the solicitation documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. 9. POSTPONEMENT OF DUE DATE FOR RECEIPT OF BIDS.The City reserves the right to postpone the deadline for submittal of bids and will make a reasonable effort to give at least three (3) calendar days written notice of any such postponement to all prospective Bidders through PublicPurchase. 10. PROTESTS. Protests concerning the specifications, requirements, and/or terms; or protests after the bid due date in accordance with City Code Section 2-371, which establishes procedures for protested proposals and proposed awards. Protests not submitted in a timely manner pursuant to the requirements of City Code Section 2.371 shall be barred. 11. JOINT VENTURES. Joint Ventures are not allowed. The City will only contract with the prime contractor. Proposals may, however, identify other sub-contractors or sub-consultants to the prime contractor. 12. VETERAN BUSINESS ENTERPRISES PREFERENCE. Pursuant to City of Miami Beach Ordinance No. 2011- 3748, the City shall give a preference to a responsive and responsible bidder which is a small business concern owned and controlled by a veteran(s) or which is a service-disabled veteran business enterprise, and which is within ---'ive-percent-(5%)of-the-lowest-and-best-bidder;-by-providingsacfi-bidderen-opporWnity-efprovidingsaid-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. 13. CONTRACT PRICE. Bid Price is to include the furnishing of all labor, materials, equipment including tools, services, permit fees, applicable taxes, overhead and profit for the completion of the Work except as may be otherwise expressly provided in the solicitation. 14. METHOD OF AWARD. Following the review of bids and application of vendor preferences, the lowest ITB 2018-044-ND BEACH responsive, responsible bidder(s) meeting all terms, conditions, and specifications of the ITB will be recommended for award by bid item, bid group, or for the entirety of all bid items, as deemed in the best interest of the City. to the City Manager for his consideration. After considering the staff recommendation for award, the City Manager shall exercise his due diligence and recommend to the Mayor and City Commission the bid that the City Manager deems to be in the best interest of the City. The City Commission shall consider the City Manager's 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. 15. MULTIPLE AWARD. The City may award two or more vendors (primary, secondary, tertiary, or higher), as available, by line item, by group or in its entirety, beginning with lowest, responsive, responsible bidder (primary), followed by the second lowest, responsive, responsible bidder (secondary), and continuing with other responsive, responsible bidders in order of next best cost. The City will endeavor to utilize vendors in order of award. However, the City may utilize other vendors in the event that: 1) a contract vendor is not or is unable to be in compliance with any contract or delivery requirement; 2) it is in the best interest of the City to do so regardless of reason. 16. BINDING CONTRACT. The signed bid shall be considered an offer on the part of the bidder,which offer shall be deemed accepted upon award of the bid by the City Commission. The City Commission's selection or approval of the City Manager's recommendation shall constitute a binding Contract between the City and the awarded bidder(s). The Contract shall include the solicitation, any and all addenda issued by the City and the Bid Proposal submitted the by bidder. In any discrepancy between the documents, the order of preference shall be as follows: 1)Addendum in reverse order of release; 2) Solicitation; 3) Bid Proposal. In case of default on the part of the successful bidder, the City may procure the items or services from other sources and hold the bidder responsible for any excess cost occasioned or incurred thereby. 17. VOLUME OF WORK TO BE RECEIVED BY CONTRACTOR. It is the intent of the City to purchase the goods and services specifically listed in this solicitation from the contractor. However, the City reserves the right to purchase any goods or services awarded from state or other governmental contract, or on an as-needed basis through the City's spot market purchase provisions. 18. GENERAL-TERMS-AND-CONDITIONS. IHs-he-respons1bility-oFthe-Bidder-tobecome-tloroughiyfamiliarxith 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. 19. ACCEPTANCE OR REJECTION OF BIDS. The City reserves the right to reject any or all bids prior to award. Reasonable efforts will be made to either award the Contract or reject all bids within one-hundred twenty (120) calendar days after bid opening date. A Bidder may not withdraw its bid unilaterally nor change the Contract Price before the expiration of one hundred and twenty (120) calendar days from the date of bid opening. A Bidder may withdraw its bid after the expiration of one hundred twenty (120) calendar days from the date of bid opening by delivering written notice of withdrawal to the Procurement Department prior to award of the Bid by the Mayor and City Commission. ITB 2018-044-ND 6 BEACH 20. ALTERNATE RESPONSES MAY BE CONSIDERED. The City may consider one (1) alternate response from the same Bidder for the same formal solicitation; provided,that the alternate response offers a different product that meets or exceeds the formal solicitation requirements. In order for the City to consider an alternate response, the Bidder shall complete a separate Price Sheet form and shall mark "Alternate Response". Alternate response shall be placed in the same response. This provision only applies to formal solicitations for the procurement of goods, services, items, equipment, materials, and/or supplies. 21. AMERICAN WITH DISABILITIES ACT. To request this material in accessible format, sign language interpreters, information on access for persons with disabilities, and/or any accommodation to review any document or participate in any city-sponsored proceeding, please contact 305-604-2489 (voice), 305-673-7524 (fax) or 305-673-7218 (TTY) five days in advance to initiate your request.TTY users may also call 711 (Florida Relay Service). 22. NON-DISCRIMINATION.The bidder certifies that it 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. In accordance with the City's Human Rights Ordinance, codified in Chapter 62 of the City Code, Proposer shall prohibit discrimination by reason of race, color, national origin, religion, sex, intersexuality,gender identity, sexual orientation, marital and familial status, and age or disability. 23. ASSIGNMENT. The successful bidder shall not assign, transfer, convey, sublet or otherwise dispose of the contract, including any or all of its right, title or interest therein, or his/her or its power to execute such contract, to any person, company or corporation, without the prior written consent of the City. 24. AUDIT RIGHTS AND RECORDS_RETENTION. The Successful Bidder agrees to provide access at all reasonable times to the City, or to any of its duly authorized representatives, to any books, documents, papers and records of Contractor which are directly pertinent to this formal solicitation, for the purpose of audit, examination, excerpts, and transcriptions. The Successful Bidder shall maintain and retain any and all of the books, documents, papers and records pertinent to the Contract for three (3) years after the City makes final payment and all other pending matters are closed. Contractor's failure to or refusal to comply with this condition shall result in the immediate cancellation of this contract by the City. 25. BID BONDS, PERFORMANCE BONDS, CERTIFICATES OF INSURANCE. Bid Bonds, when required, shall be submitted with the bid in the amount specified in the Special Conditions. After acceptance of the bid, the City will notify the successful bidder to submit a performance bond and certificate of insurance in the amount specified in the Special Conditions. ._..—_ 26. RII I INGJNSTRIICTIONS invoices,_unles&otherwiseindicated,must showpurchase_order numbersandshali be submitted to the ordering City department. 27. CANCELLATION. In the event any of the provisions of this Bid are violated by the bidder, the City shall give written notice to the bidder stating such deficiencies and, unless such deficiencies are corrected within ten (10) calendar days from the date of the City's notice, the City, through its City Manager, may declare the contract in default and terminate same, without further notice required to the bidder. Notwithstanding the preceding, the City, through its City Manager, also reserves the right to terminate the contract at any time and for any reason, without cause and for convenience, and without any monetary liability to the City, upon the giving of thirty (30) days prior written notice to the bidder. 28. CITY'S RIGHT TO WAIVE OR REJECT BIDS. The City Commission reserves the right to waive any informalities or irregularities in this Bid; or to reject all bids, or any part of any bid, as it deems necessary and in the ITB 2018-044-ND 7 - '.' BEACH best interest of the City of Miami Beach. 29. CLARIFICATION AND ADDENDA TO BID SPECIFICATIONS. If a bidder is in doubt as to the true meaning of the Bid specifications, or other Bid documents, or any part thereof, the bidder must submit to the City, at least 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 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 Appendix A, No. 14 Acknowledgement of Addendum. 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. 30. COLLUSION. Where two (2) or more related parties each submit a bid or bids for any contract, such bids or bids shall be presumed to be collusive. The foregoing presumption may be rebutted by presentation of evidence as to the extent of ownership, control and management of such related parties in the preparation and submittal of such bid or bids. "Related parties" means bidders or the principals thereof which have a direct or indirect ownership interest in another bidder for the same contract, or in which a parent company or the principals thereof of one (1) bidder have a direct or indirect ownership interest in another bidder for the same contract. Bid or bids found to be collusive shall be rejected. Bidders who have been found to have engaged in collusion may also be suspended or debarred, and any contract resulting from collusive bidding may be terminated for cause. 31. CONDITION AND PACKAGING. Bidder guarantees items offered and delivered to be the current standard production model at time of bid and shall offer expiration dating of at least one year or later. Bidder also guarantees items offered and delivered to be new, unused, and free from any and all defects in material, packaging and workmanship and agrees to replace defective items promptly at no charge to the City of Miami Beach, for the manufacturer's standard warranty but in no case for a period of less than 12 months from date of acceptance. All containers shall be suitable for storage or shipment, and all prices shall include standard commercial packaging. 32. CONTRACT EXTENSION. The City reserves_the.tight_to_regioretheCnntrartorJo_extend_contracl_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. 33. DELIVERY. Unless actual date of delivery is specified (or if specified delivery cannot be met), show number of days (in calendar days) required to make delivery after receipt of purchase order, in space provided. Delivery time may become a basis for making an award. Delivery shall be within the normal working hours of the City using Department, Monday through Friday, excluding holidays. Receiving hours are Monday through Friday, excluding holidays, from 8:30 A.M. to 4:00 P.M. 34. DELIVERY TIME. Bidders shall specify in the attached Bid Form, the guaranteed delivery time (in calendar days) for each item. It must be a firm delivery time; no ranges(For example, 12-14 days)will be accepted. ITB 2018-044-ND 8 BEACH 35. DEMONSTRATION OF COMPETENCY. A. Pre-award inspection of the bidder's facility may be made prior to the award of contract. B. Bids will only be considered from firms which are regularly engaged in the business of providing the goods and/or services as described in this Bid. C. Bidders must be able to demonstrate a good record of performance for a reasonable period of time, and have sufficient financial capacity. equipment, and organization to ensure that they can satisfactorily perform the services if awarded a contract under the terms and conditions of this Bid. D. the terms "equipment and organization", as used herein shall, be construed to mean a fully equipped and well established company in line with the best business practices in the industry, and as determined by the City of Miami Beach. E. The City may consider any evidence available regarding the financial, technical, and other qualifications and abilities of a bidder, including past performance (experience), in making an award that is in the best interest of the City. F. The City may require bidders to show proof that they have been designated as authorized representatives of a manufacturer or supplier, which is the actual source of supply. In these instances, the City may also require material information from the source of supply regarding the quality, packaging, and characteristics of the products to be supply to the City. Any material conflicts between information provided by the source of supply and the information contained in the bidders bid may render the bid non-responsive. G. The City may, during the period that the contract between the City and the successful bidder is in force, review the successful bidder's record of performance to ensure that the bidder is continuing to provide sufficient financial support, equipment, and organization as prescribed in this bid. Irrespective of the bidder's performance on contracts awarded to it by the City, the City may place said contracts on probationary status and implement termination procedures if the City determines that the successful bidder no longer possesses the financial support, equipment, and organization which would have been necessary during the bid evaluation period in order to comply with the demonstration of competency required under this subsection. 36. DISPUTES. In the event of a conflict between the Bid documents, the order of priority of the documents shall be as follows: A. Any contract or agreement resulting from the award of this Bid;then B. Addendum issued for this Bid,with the latest Addendum taking precedence; then C. The Bid; then D. The bidder's bid in response to the Bid. In case of any doubt or difference of opinion as to the items and/or services (as the case may be) to be furnished hereunder,the decision of the City shall be final and binding on all parties. _37_DEFAI.!LLIailureccrefusalofabidderso_execute.aconlractaponaward,Mr.withdrawalafabidbeforesuch___ 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. 38. EQUIVALENTS. If a bidder offers makes of equipment or brands of supplies other than those specified in the Bid specifications, he must so indicate in his bid. Specific article(s) of equipment/supplies shall conform in quality, design and construction with all published claims of the manufacturer. The bidder shall indicate in the Bid Form the manufacturer's name and number if bidding other than the specified brands, and shall indicate ANY deviation from the specifications as listed in the Bid. Other than specified items offered requires complete descriptive technical literature marked to indicate detailed conformance with specifications, and MUST BE INCLUDED WITH THE BID. NO BIDS WILL BE CONSIDERED WITHOUT THIS ITB 2018-044-ND 9 BEACH INFORMATION. THE CITY SHALL BE THE SOLE JUDGE OF EQUALITY AND ITS DECISION SHALL BE FINAL. Note as to Brand Names: Catalog numbers, manufacturers' and brand names, when listed, are informational guides as to a standard of acceptable product quality level only and should not be construed as an endorsement or a product limitation of recognized and legitimate manufacturers. Bidders shall formally substantiate and verify that product(s) offered conform with or exceed quality as listed in the specifications. 39. ELIMINATION FROM CONSIDERATION. This bid shall not be awarded to any person or firm who is in arrears to the City upon any debt, taxes, or contracts which are defaulted as surety or otherwise upon any obligation to the City. 40. EMERGENCY RESPONSE PRIORITY. It is hereby made a part of this solicitation that before,during,and after a public emergency, disaster, hurricane, tornado, food, 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 servicesto the City on a "first priority"under the emergency conditions noted above. 41. ESTIMATED QUANTITIES. Estimated quantities or estimated dollars, if provided, are for City guidance only. No guarantee is expressed or implied as to quantities or dollars that will be used during the contract period. The City is not obligated to place any order for a given amount subsequent to the award of this Bid. Estimates are based upon the City's actual needs and/or usage during a previous contract period. The City may use said estimates for purposes of determining whether the low bidder meets specifications. 42. EXCEPTIONS TO BID. Bidders are strongly encouraged to thoroughly review the specifications and all conditions set forth in this Bid. Bidders who fail to satisfy the requirements in this Bid, may be deemed non- responsive and receive no further consideration. Should your proposed bid not be able to meet one (1) or more of the requirements set forth in this Bid and you are proposing alternatives and/or exceptions to said requirements, you must notify the Procurement Office, in writing, at least five (5) days prior to the deadline for submission of bids. The City reserves the right to revise the scope of services via Addendum prior to the deadline for receipt of bids. 43. FACILITIES. The City, through its City Manager or his/her authorized designee, reserves the right to inspect the bidder's facilities at any time, upon reasonable prior written or verbal notice. 44. FLORIDA PUBLIC RECORDS LAW. Bidders are hereby notified that all Bid including, without limitation, any _. _ and_.ILi[lfarmationand-documentation submittedtherewith, are-exemptJmm_wblicsecords_requirements_under_ ._- Section 119.07(1), Florida Statutes, and s. 24(a). Ad. 1 of the State Constitution until such time as the City provides notice of an intended decision or until thirty (30) days after opening of the bids, whichever is earlier. Additionally, Contractor agrees to be in full compliance with Florida Statute 119.0701 including, but not limited to, agreement to (a) Keep and maintain public records that ordinarily and necessarily would be required by the public agency in order to perform the services; (b) provide the public with access to public records on the same terms and conditions that the public agency would provide the records and at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law; (c) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law; (d) Meet all requirements for retaining public records and transfer, at no cost, to the public agency all public records in possession of the contractor upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the public agency in a format that is compatible with the information technology systems of the public agency. ITB 2018-044-ND t0 - '.'.' BEACH 45. F.O.B. DESTINATION. Unless otherwise specified in the Formal Solicitation, all prices quoted/proposed by the bidder must be F.O.B. DESTINATION, inside delivery, with all delivery costs and charges included in the bid price, unless otherwise specified in this Formal Solicitation. Failure to do so may be cause for rejection of bid. 46. GRATUITIES. Bidders shall not offer any gratuities, favors, or anything of monetary value to any official, employee, contractor, or agent of the City, for the purpose of influencing consideration of this Bid. 47. INDEMNIFICATION. The successful Bidder shall indemnify and hold harmless the City and its officers, employees, agents and instrumentalities from any and all liability, losses or damages, including attorney's fees and costs of defense, which the City or its officers, employees, agents or instrumentalities may incur as a result of claims, demands, suits, causes of actions or proceedings of any kind or nature arising out of, relating to or resulting from the performance of the agreement by the successful Bidder or its employees, agents, servants, partners, principals or subcontractors. The successful Bidder shall pay all claims and losses in connection therewith, and shall investigate and defend all claims, suits or actions of any kind or nature in the name of the City, where applicable, including appellate proceedings, and shall pay all costs, judgments, and attorney's fees which may be incurred thereon. The successful Bidder expressly understands and agrees that any insurance protection required by this Agreement or otherwise provided by the successful Bidder shall in no way limit the responsibility to indemnify, keep and save harmless and defend the City or its officers, employees, agents and instrumentalities as herein provided. The above indemnification provisions shall survive the expiration or termination of this Agreement. 48. INSPECTION, ACCEPTANCE & TITLE. Inspection and acceptance will be at destination, unless otherwise provided. Title to (or risk of loss or damage to) all items shall be the responsibility of the successful bidder until acceptance by the City, unless loss or damage results from the gross negligence or willful misconduct of the City. If any equipment or supplies supplied to the City are found to be defective, or do not conform to the specifications, the City reserves the right to cancel the order upon written notice to the seller, and return the product, at the bidder's expense. 49. LAWS, PERMITS AND REGULATIONS.The bidder shall obtain and pay for all licenses, permits, and inspection fees required under the contract; and shall comply with all Applicable Laws. 50. LEGAL REQUIREMENTS. The bidder shall be required to comply with all federal, State of Florida, Miami-Dade County, and City of Miami Beach codes, laws, ordinances, and/or rules and regulations that in any manner affect the items covered herein (collectively, Applicable Laws). Lack of knowledge or ignorance by the bidder with/of Applicable Laws will in no way be a cause for relief from responsibility. 51..LIABILITY,INSURANCE.LICENSES_ANDP_ERMITS.Wherebiddersarerequired.toenter_or-go-0alo-Cityof -- ------ 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. 52. MANNER OF PERFORMANCE. Bidder agrees to perform its duties and obligations in a professional manner and in accordance with all applicable Local, State, County, and Federal laws, rules, regulations and codes. Bidder agrees that the services provided shall be provided by employees that are educated, trained, experienced, certified, and licensed in all areas encompassed within their designated duties. Bidder agrees to furnish to the City any and all documentation, certification, authorization, license, permit, or registration currently required by applicable laws, rules, and regulations. Bidder further certifies that it and its employees will keep all licenses, permits, registrations, ITB 2018-044-ND 11 BEACH authorizations, or certifications required by applicable laws or regulations in full force and effect during the term of this contract. Failure of bidder to comply with this paragraph shall constitute a material breach of this contract. 53. MISTAKES. Bidders are expected to examine the specifications, delivery schedules, bid prices, and extensions, and all instructions pertaining to supplies and services. Failure to do so will be at the bidder's risk and may result in the bid being non-responsive. 54. MODIFICATION/WITHDRAWALS OF BIDS. A bidder may submit a modified bid to replace all or any portion of a previously submitted bid up until the bid due date and time. Modifications received after the bid due date and time will NOT be considered. Bids shall be irrevocable until contract award unless withdrawn in writing prior to the bid due date or after expiration of 120 calendar days from the opening of bids without a contract award. Letters of withdrawal received after the bid due date and before said expiration date and letters of withdrawal received after contract award will NOT be considered. 55. NON-CONFORMANCE TO CONTRACT CONDITIONS. Items may be tested for compliance with specifications. Items delivered, not conforming to specifications, may be rejected and returned at the bidder's expense. These items, as well as items not delivered as per delivery date in bid and/or purchase order, may be purchased by the City, at its discretion, on the open market. Any increase in cost may be charged against the bidder. Any violation of these stipulations may also result in the bidder's name being removed from the City's vendor list. 56. OPTIONAL CONTRACT USAGE. When the successful bidder(s) is in agreement, other units of government or non-profit agencies may participate in purchases pursuant to the award of this contract at the option of the unit of government or non-profit agency. 57. OSHA. The bidder warrants to the City that any work, services, supplies, materials or equipment supplied pursuant to this Bid shall conform in all respects to the standards set forth in the Occupational Safety and Health Act of 1970, as amended, and the failure to comply with this condition will be deemed breach of contract. Any fines levied because of inadequacies to comply with this condition shall be borne solely by the bidder. 58. PATENTS & ROYALTIES. The bidder shall indemnify and save harmless the City of Miami Beach, Florida, and its officers, employees, contractors, and/or agents, from liability of any nature or kind, including cost and expenses for, or on account of, any copyrighted, patented,or unpatented invention, process, or article manufactured or used in the performance of the contract, including its use by the City of Miami Beach, Florida. If the bidder uses any design, device or materials covered by letters, patent, or copyright, it is mutually understood and agreed, without exception, that the bid prices shall include all royalties or cost arising from the use of such design, device, or materials in any ------wayinvolved-inthe work ._____- 59. PAYMENT. Payment will be made by the City after the items have been received, inspected, and found to comply with Bid specifications, free of damage or defect, and properly invoiced. 60. PRICES QUOTED. Prices quoted shall remain firm and fixed during the duration of the contract. In completing the bid form, state both unit price and extended total, when requested. Prices must be stated in units of quantity specified in the bidding specifications. In case of discrepancy in computing the amount of the bid, the UNIT PRICE quoted will govern. All prices must be F.O.B. destination, freight prepaid (unless otherwise stated in Special Conditions). The Bidder may offer cash discounts for prompt payments; however, such discounts will not be considered in determining the lowest price during bid evaluation. Bidders are requested to provide prompt payment terms in the space provided on the Bid submittal signature page of the solicitation. Award, if made, will be in accordance with terms and conditions stated herein. Each item must be bid separately, and no attempt is to be ITB 2018-044-ND 12 - 1 BEACH made to tie any item or items in with any other item or items. Cash or quantity discounts offered will not be a consideration in determination of award of bid(s)- 61. PRODUCT INFORMATION. Product literature, specifications, and technical information, including Manufacturer's Safety Data Sheets (MSDS) should be provided with this bid as an attachment to the "BID FORM". However, in all cases must be provided within five (5)calendar days upon request from Purchasing Agent. 62. REASONABLE ACCOMMODATION. In accordance with Title II of the Americans with Disabilities Act, any person requiring an accommodation at the Bid opening because of a disability must contact the Procurement Division. 63. SAMPLES. Bids submitted as an "equal" product must be accompanied with detailed specifications. Samples of items, when required, must be furnished free of expense and, if not destroyed, will, upon request, be returned at the bidder's expense. Bidders will be responsible for the removal of all samples furnished within (30) 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 Department, 1755 Meridian Avenue 3rd Floor, Miami Beach, FL 33139. 64. SPECIAL CONDITIONS. Any and all Special Conditions that may vary from these General Terms and Conditions shall have precedence. 65. SPOT MARKET PURCHASES. It is the intent of the City to purchase the items specifically listed in this Bid from the successful bidder. However, the City reserves the right to purchase the items from state or other governmental contract, or on an as-needed basis through the City's spot market purchase provisions. 66. SUBSTITUTIONS. After award of contract, the City WILL NOT accept substitute shipments of any kind, without previous written approval. The bidder is expected to furnish the brand quoted in its bid. Any substitute shipments will be returned at the bidder's expense. 67.TAXES. The City of Miami Beach is exempt from all Federal Excise and State taxes. 68. TIE BIDS. In accordance with Florida Statues Section 287.087, regarding identical lie 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,resolvedin-the event-ofacontinued-tieafterthe-Localand-Veteran Preference-0rdinances-have-beenappliedor - -----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. 69. TERMINATION FOR DEFAULT. If the successful bidder shall fail to fulfill in a timely manner, or otherwise violate, any of the covenants, agreements, or stipulations material to the Bid and/or the contract entered into with the City pursuant thereto, the City shall thereupon have the right to terminate the work and/or services then remaining to be performed by giving written notice to the bidder of such termination,which shall become effective upon receipt by the bidder of the written termination notice. In that event, the City shall compensate the successful bidder in accordance with the term of the contract for all work and/or services satisfactorily performed by the bidder prior to termination, net of any costs incurred by the City as a consequence of the default. Notwithstanding the above, the successful bidder shall not be relieved of liability to the City for damages sustained ITB 2018-044-ND 13 ' - BEACH by the City by virtue of any breach of the contract by the bidder, and the City may reasonably withhold payments to the successful bidder for the purposes of set off until such time as the exact amount of damages due the City from the successful bidder is determined. The City may,at its discretion, provide reasonable"cure period"for any contractual violation prior to termination of the contract; should the successful bidder fail to take the corrective action specified in the City's notice of default within the allotted cure period, then the City may proceed to terminate the contract for cause in accordance with this subsection 1.57. 70. TERMINATION FOR CONVENIENCE OF CITY. The City may, for its convenience, terminate the work and/or services then remaining to be performed, at any time, by giving written notice to the successful bidder of such termination, which shall become effective thirty(30) days following receipt by bidder of such notice. In that event, all finished or unfinished documents and other materials shall be properly delivered to the City. If the contract is terminated by the City as provided in this subsection, the City shall compensate the successful bidder in accordance with the terms of the contract for all and without cause and/or any resulting liability to the City, work and/or services actually performed by the successful bidder, and shall also compensate the bidder for its reasonable direct costs in assembling and delivering to City all documents. No compensation shall be due to the successful bidder for any profits that the successful bidder expected to earn on the balanced of the contract. Such payments shall be the total extent of the City's liability to the successful bidder upon a termination as provided for in this subsection. 71. ADDITIONAL SERVICES. Although this solicitation and resultant contract identifies specific goods, services or facilities ("items"), it is hereby agreed and understood that the City may require additional items to be added to the Contract which are ancillary or supplemental to the items specified herein and 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 the additional items. If these quote(s) are determined to be fair and reasonable, then the additional items will be awarded to the current contract vendor(s) through either a Purchase Order (or Change Order if Purchase Order already exists) or an amendment to the Contract. Additional items with a cumulative value of$50,000 or less may be approved by the City Manager. City Commission approval is required for additional items with a cumulative value greater than $50,000. 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. ITB 2018-044-ND 14 ' . BEACH SECTION 0300 PROPOSAL SUBMITTAL INSTRUCTIONS AND FORMAT 1. SEALED BIDS. One original Bid Proposal (preferably in 3-ring binder) must be submitted in an opaque, sealed envelope or container on or before the due date established for the receipt of bids. Additionally, three (3) bound copies and one (1) electronic format (CD or USB format) are to be submitted, with the original submission or within three (3) calendar days upon request from the City. The following information should be clearly marked on the face of the envelope or container in which the bid is submitted: Bid Number, Bid Title, Bidders Name, Bidder Return Address. Bids received electronically, either through email or facsimile, are not acceptable and will be rejected. 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. FAILURE TO SUBMIT THE MOST RECENT COST PROPOSAL FORM (EITHER INCLUDED IN TH ORIGINAL ITB OR RELEASED VIA AN ADDENDUM) MAY RESULT IN BID BEING DEEMED NO RESPONSIVE AND NOT BEING FURTHER CONSIDERED. • TAB 2-Bid Certification,Questionnaire and Affidavits(Appendix A). The City reserves the right to request any documentation omitted,with exception of the Cost Proposal Form (Appendix E), Proposal Certification, Questionnaire& Requirements Affidavit(Appendix A), and Bid Bond (if applicable). Bid Submittals received that do not include the Cost Proposal Form, completed as required and fully executed, or Bid Bond (if applicable) shall be deemed non-responsive. Bidder must submit any omitted documentation within three(3) calendar days upon request from the City, or the bid may be deemed non-responsive. Non-responsive bid packages will receive no further consideration. 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 2018-044-ND 15 APPENDIX A V v / yA U i I Proposal Certification , Questionnaire & Requirements Affidavit ITB 2018-044-ND APPAREL AND ACCESSORIES CITYWIDE- PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 IIB 2018-044-ND 16 Solicitation No: Solicita5m Title: 2018-044-ND Apparel and Accessories Ci�ide __ Procurement Contact Tel. Email. Natalia Delgado 305-673-7000 x6263 nataliadelgado@miamibeachfi.gov PROPOSAL CERTIFICATION, QUESTIONNAIRE & REQUIREMENTS AFFIDAVIT Purpose: The purpose of this Proposal Certification, Questionnaire and Requirements Affidavit Form is to inform prospective Proposers of certain solicitation and contractual requirements, and to collect necessary information from Proposers in order that certain portions of responsiveness, responsibility and other determining factors and compliance with requirements may be evaluated. This Proposal Certification, Questionnaire and Requirements Affidavit Form is a REQUIRED FORM that must be submitted fully completed and executed. 1. General Proposer Information. FIRM NAME NO OF YEARS IN BUSINESS NO.OF YEARS IN BUSINESS LOCALLY: NO OF EMPLOYEES. OTHER NAME(S)PROPOSER HAS OPERATED UNDER IN THE LAST IP YEARS: FIRM PRIMARY ADDRESS(HEADQUARTERS): CITY STATE: ZIP CODE: TELEPHONE NOr: TOLL FREE NO.: FAX NO FIRM LOCAL ADDRESS: CITY. STATE: ZIP CODE'. PRIMARY ACCOUNT REPRESENTATIVE FOR THIS ENGAGEMENT: ACCOUNT REP TELEPHONE NOr. ACCOUNT REP TOLL FREE NOr. 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 2018-044—ND 17 1. Veteran Owned Business. Is Pro oser 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. When requested by the City, 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:/tsuoplierportal.dnb,com/webapplwcslstoreslservletuSupplierPortal?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 8 Bradstreet at 800-4242495. SUBMITTAL REQUIREMENT: Proposer shall request that Dun & Bradstreet submit its Supplier Qualifier Report directly to the City,with bid or within three(3)days of request. 3. 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 indirecfly, 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. 4. References 8 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. 5. 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 anpublic 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). 6. 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 presumed mereln. Including dis4Uanficauon–Othe roposals;in the event or suchnon-coi glance. - - - 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. 7. 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 Department 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 hCollww .miamibeachfl aovlcitv-halllorocurement/orocurement-related-ordinance-and-procedures/. ITB 2018-044–ND 18 8. crp'^ycco:har be p"d tho•off"^d u•,i^g w^ge"atas lie : :ole,•,. trmeets .. ....2. Efcstivo Ja^Mary ^, 2040. coved employees rest bo paid a Nvrg wage-'^teaGan-less-thin-$113&peck^w wth beaefHs. The living wage rate a^d ke^ith ear ke^e^te - = ay, by Rere'btie^ BF the City C^m^itss'^n be-iMeredannually-feF eatiel Proposers'failure to comply wth this pr^vcior ^ha^I b -deemed-amated^lbreeck ww1e tie-erep^sai,undw which the City ay, 9. 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 htlp:/Pwww.miamibeachfi.eovldN-hall/procurement/procurement-related-ordinance-and- proceduresl ITB 2018-044-ND 19 10. Public Entity Crimes.Section 287,133(2)(a), Florida Statutes,as currently enacted or as amended from time to time,states that a person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a proposal, proposal, or reply on a contract to provide any goods or services to a public entity; may no; 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 amity, 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. 11. Non-Discrimination.Pursuant to City Ordinance No.2016-3990,the City shall not enter into a contract with a business unless the business represents that it does not and will not engage in a boycott as defined in Section 2-375(a)of the City Code,including the blacklisting, divesting from,or otherwise refusing to deal with a person or entity when such action is based on race.color, national origin,religion,sex,intersexuality,gender identity,sexual orientation,marital or familial status,age or disability. SUBMITTAL REQUIREMENT: No additional submittal is required.By virtue of executing this affidavit document, Proposer agrees it is and shall remain in full compliance with Section 2-375 of the City of Miami Beach City Code. 12. Moratorium on Travel to and the Purchase of Goods or Services from North Carolina and Mississippi. Pursuant to Resolution 2016-29375, the City of Miami Beach, Florida, prohibits official City travel to the slates of North Carolina and Mississippi, as well as the purchase of goods or services sourced in North Carolina and Mississippi. Proposer shall agree that no travel shall occur on behalf of the City to North Carolina or Mississippi, nor shall any product or services it provides to the City be sourced from these states. SUBMITTAL REQUIREMENT: No additional submittal is required.By virtue of executing this affidavit document. Proposer agrees it is and shall remain in full compliance with Resolution 2016-29375. 13. Fair Chance Requirement.Pursuant to Section 2376 of the City Code,the City shall not enter into any contract resulting from a competitive solicitation, unless the proposer certifies in writing that the business has adopted and employs written policies. practices,and standards that are consistent with the City's Fair Chance Ordinance, set forth in Article V of Chapter 62 of the City Code ("Fair Chance Ordinance"). and which, among other things. (I) prohibits City contractors, as an employer, from inquiring about an applicant's criminal history until the applicant is given a conditional offer of employment; (ii) prohibits advertising of employment positions with a statement that an individual with a criminal record may not apply for the position, and (iii) prohibits placing a statement on an employment application that a person with a criminal record may not apply for the position. SUBMITTAL REQUIREMENT: No additional submittal is required at this time. By virtue of executing this affidavit, Proposer certifies that it has adopted policies,practices and standards consistent with the City's Fair Chance Ordinance. Proposer agrees to provide the City with supporting documentation evidencing its compliance upon request. Proposer further agrees that any breach of the representations made herein shall constitute a material breach of contract, and shall entitle the City to the immediate termination for cause of the agreement,in addition to any damages that may be available at law and in equity. -. -14.----Acknewledgement-of-Addendum.AfteMssueneeof3elici:ation-ihe6Nymreyvelease onearmoreeddendumtiuthe 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 addenda released by the City pursuant to this solicitation.Failure to obtain and acknowledge receipt of all addenda may result in proposal disqualification. Irltlal to Conirm Initial to Confirm Irival to confim 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 2018-044-ND 20 DISCLOSURE AND DISCLAIMER SECTION The solicitation referenced herein is being furnished to the recipient by the City of Miami Beach (the'city.)for the recipient's convenience. Any action taken by the City in response to Proposals made pursuant to this solicitation, or in making any award,or in failing or refusing to make any award pursuant to such Proposals,or in cancelling awards,or in withdrawing or cancelling this solicitation, either before or after issuance of an award,shall be without any liability or obligation on the part of the City. In its sole discretion, the City may withdraw the solicitation either before or after receiving proposals. may accept or reject proposals, and may accept proposals which deviate from the solicitation,as it deems appropriate and in its best interest. In its sole discretion, the City may determine the qualifications and acceptability of any party or parties submitting Proposals in response to this solicitation. Following submission of a Bid or Proposal, the applicant agrees to deliver such further details. information and assurances, including financial and disclosure data, relating to the Proposal and the applicant including, without limitation, the applicant's affiliates, officers, directors,shareholders,partners and employees,as requested by the City in its discretion. The information contained herein is provided solely for the convenience of prospective Proposers. It is the responsibility of the recipient to assure itself that information contained herein is accurate and complete.The City does not provide any assurances as to the accuracy of any information in this solicitation. My 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.My 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 pad 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. - -----Notwithstandingtheforegoing fir-anything-contained in the solicit on SIE-Proposers-agree'tllat-1n-the-e/ent-of-B-ftnallJnaPPealablejtldgfllent - by a court of competent jurisdiction which imposes on the City any liability arising out of this solicitation, or any response thereto, or any action or inaction by the City with respect thereto, such liability shall be limited to$10,000.00 as agreed-upon and liquidated damages.The previous sentence, however, shall not be construed to circumvent any of the other provisions of this Disclosure and Disclaimer which imposes no liability on the City. In the event of any differences in language between this Disclosure and Disclaimer and the balance of the solicitation, it is understood that the provisions of this Disclosure and Disclaimer shall always govern. The solicitation and any disputes arising from the solicitation shall be governed by and construed in accordance with the laws of the State of Florida. ITB 2018-044-ND 21 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 Proposers Authorized Representative: Tide of Proposers Authodzed Representative: Sigrature of Proposers AuThorized Representative: Date: State of i 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 of My Commission Expires: ITB 2018-044—ND 22 APPENDIX B \ /\ \ / \ / \ J r " No Bid " Form ITB 2018-044-ND APPAREL AND ACCESSORIES CITYWIDE 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 2018-044-ND 23 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: Natalia Delgado, Procurement Contracting Officer I PROPOSAL#2018-044-ND 1755 MERIDIAN AVENUE, 3RD FLOOR MIAMI BEACH, FL 33139 ITB 2018-044-ND 24 APPENDIX C /V\ A /V\ h) 1-11 AC H Minimum Requirements & Specifications ITB 2018-044-ND APPAREL AND ACCESSORIES CITYWIDE PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 ITB 2018-044-ND 25 Cl. Minimum Eligibility Requirements. Intentionally Omitted. C2. Statement of Work Required. 1. The purpose of this solicitation is to establish a contract for various types of clothing, such as: shirts, polos/knits, sweaters, blouses, jackets, pants and shorts, and accessories for various city departments. This contract shall include furnishing and delivery of apparel, accessories, and tailoring services, if necessary. The bidder shall provide the facility, tools, equipment and the personnel required to size and fit the City's employees. 2. Provide a dedicated account manager/representative that will be responsible for providing support and assistance during the term of the contract. 3. Bidders shall submit a percentage discount rate based on manufacturer/distributor catalog. 4. Bidder shall be solely responsible for securing of all necessary measurements (waist, inseam, sleeve length, and neck) at mutually convenient times to be arranged between the bidder and the City's Department Representatives. 5. All orders/requests for items covered by this contract will require the issuance of a Purchase Order prior to any delivery or pick-up. 6. Emergency orders. During the term of the contract, the City may require the Successful Bidder to issue uniform pants and shirts that require alterations, and any other necessary items, within an 8 to 24 hour period. 7. Selected bidder(s) shall deliver or have ready for pick-up at store, all items within thirty (30) days after receipt of Purchase Order. C3. Specifications Apparel (Group 1). Prospective bidders shall provide a percentage discount off manufacturer/distributor catalog pricing for the brands listed below for various types of clothing such as: shirts, polos/knits, sweaters, blouses,jackets, pants and shorts. The brands listed below are the brands most utilized by the City. Bidders may submit bids for one or more brands. Bidders are not required to submit bids for all brands. 5.11 District Nike Adams USA District Made Ogio Alternative Apparel Edwards Otto All Uniform Wear Eddie Bauer Port Authority American Work Apparel Fruit of the Loom Port and Company Anvil Gildan Propper Aramark Hanes Red House Auburn Manufacturing, Inc Harrington Red Kap Bianchi Horace Small Russell Athletic Blackhawk Jerzees Sport Tek ITB 2018-044-ND 26 Blauer Liberty Clothing Tactical Distributors Bulwark Marlow White Tru Spec Columbia Sportswear Midway Clothing Ultraclub CornerStone Mocean Yupoong Devon &Jones Neese Industries Van Heusen Dickies New Era Supplementary Items and Services (Group 2). In order to fully service the requirements of City Departments, the following supplementary items and services are required to be bid for Group 1. As stated in Section above, bidders are not required to bid on all brands in Group 1. However, bids for brands in Group 1 that do not include pricing for the supplementary items below will not be considered. 2.1 Embroidered City Logo (See Appendix G). Bidder shall provide pricing for each embroidered logo application. Price shall include the cost of the embroidered logo and its application onto a piece of apparel. Price per unit required. 2.2 Embroidered City Seal (See Appendix G). Bidder shall provide pricing for each embroidered seal application. Price shall include the cost of the embroidered seal and its application onto a piece of apparel. Price per unit required. 2.3 Employee Name. Bidder shall provide pricing for embroidering employee's name onto apparel. Assume 25 characters maximum. Price shall include the cost of the embroidered logo and its application onto a piece of apparel. Price per unit required. 2.4 City Department Name. Bidder shall provide pricing for embroidering City department's name onto apparel. Assume 25 characters maximum. Price shall include the cost of the embroidered logo and its application onto a piece of apparel. This can be a single line or multiple lines of text as when utilizing both employee and department name. There shall be no additional cost for additional lines. Price per unit required. 2.5 Additional Lines of Text. Bidder shall provide pricing for embroidering additional lines of text, in addition to name and department, onto apparel.Assume 25 characters maximum. Price shall include the cost of the embroidered logo and its application onto a piece of apparel. This can be-a single-line-or multiple linesoftext as-when-utilizing both-employee-and-department - -------- name.There shall be no additional cost for additional lines. Price per unit required. 2.6 Single Color Silk Screened Item. Bidder shall provide pricing for single color silk screened item. This can be multiple lines of text as when utilizing both employee name or logo application. Price per unit required. 2.7 Two Colors Silk Screened Item. Bidder shall provide pricing for two colors silk screened item. This can be a single line or multiple lines of text as when utilizing both employee and department name or logo application. Price per unit required. 2.8 Three Colors Silk Screened Item. Bidder shall provide pricing for three colors silk ITB 2018-044-ND 27 screened item. This can be a single line or multiple lines of text as when utilizing both employee and department name or logo application. Price per unit required. 2.9 Reflective Safety Tape for Apparel. Bidder shall provide pricing for reflective safety tape for apparel. Price per unit required. 2.10 Pant Hems. Bidder shall provide pricing for pant hems. Price per unit required. Accessories (Group 3). Prospective bidders shall provide a percentage discount off manufacturer/distributor catalog pricing for the brands listed below for various types of accessories. The brands listed below are the brands most utilized by the City. Bidders may submit bids for one or more brands. Bidders are not required to submit bids for all brands. Blackinton Boston Leather Samuel Broome Contract Roadmap. Award of apparel by manufacturer will be made to the responsive responsible bidders who offer the highest percent discount off manufacturer/distributor catalog pricing. The discount percentage offered will remain fixed for the entire term, including any option to renew, which the City may exercise. While the award will be made to multiple Vendors by manufacturer, to assure availability, the first opportunity to perform will be given to the Vendor who provides the highest percent discount off the catalog item from the manufacturer/distributor catalog pricing and is able to meet the delivery requirements as specified in Appendix D, Special Conditions. ITB 2018-044-ND 28 APPENDIX D iy\ /\\,, 1-1) Special Conditions ITB 2018-044-ND APPAREL AND ACCESSORIES CITYWIDE PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 ITB 2018-044-ND 29 1. TERM OF CONTRACT. The contract(s) entered into with the successful bidder(s)will have an initial term of three (3) years. 2. OPTIONS TO RENEW. The City, through its City Manager, will have the option to extend for two (2) additional one-year periods subject to the availability of funds for succeeding fiscal years. 3. PRICES. Prices shall be submitted in the form of a firm percentage discount to be deducted from all catalog items in the current manufacturer/distributor catalog and must include all delivery, freight, unloading, and/or shipping and handling costs to the ordering location. The firm percentage discount quoted in the awardee's bid submittal shall remain fixed for the entire term, including any option to renew which the City may exercise, unless amended in writing by the City. 4. CATALOG. Vendor shall submit the internet address where the City may locate the online catalog or a hard copy of the current catalog with the bid and every three (3) months thereafter unless an updated catalog is available sooner. 5. BACKORDERS. If the vendor cannot deliver an ordered item in accordance with the scheduled delivery date due to a current existing backorder of that item with the vendor's manufacturer or distributor; the vendor shall insure that such back orders are filled within 90 calendar days from the initial scheduled delivery date for the item. The vendor shall not invoice the City for back ordered items until such back orders are delivered and accepted by the City's authorized representative. It is understood and agreed that the City may, at its discretion, verbally cancel back orders after the grace period identified in this paragraph has lapsed, seek the items from another vendor, and charge the incumbent vendor under this contract for any directly associated re-procurement costs. If the vendor fails to honor these re- procurement costs, the City may terminate the contract for default. 6. PROHIBITION AGAINST THE SALE.The vendor will not sell or distribute any item(s) with the City of Miami Beach name or logo thereon to the general public. 7. DELIVERY. The vendor shall make deliveries as soon as possible, but no later than thirty (30) calendar days after receipt of the purchase order to the address indicated on the purchase order, unless otherwise agreed to with the requesting department. All deliveries shall be made in accordance-with-good commercial practise and all required delivery-timeframes-skull 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. 8. PACKING SLIP/DELIVERY TICKET TO ACCOMPANY ITEMS DURING DELIVERY. The vendor shall enclose a complete packing slip or delivery ticket with any item to be delivered in conjunction with this bid solicitation. The packing slip/delivery ticket shall be attached to the shipping carton(s) and shall be made available to the City's authorized representative during delivery/pickup. The packing slip or delivery ticket shall include, at a minimum, the following information: name of employee(s) receiving item, purchase order number, date of order, a complete listing of items being delivered/picked up and back-order quantities and estimated ITB 2018-044-ND 30 delivery of back-orders, if applicable. 9. INVOICING. The vendor shall submit an invoice to the City's user department(s) that requested the items through a purchase order. The date of the invoices shall not exceed thirty (30) calendar days from the delivery of the items. Under no circumstances shall the invoice be submitted to the City in advance of the delivery and acceptance of the items. In addition, the invoice shall reference (or include a copy of) the corresponding delivery ticket number or packing slip number that was signed by an authorized representative of the City's user department at the time the items were delivered and accepted. Failure to submit invoices in the prescribed manner will delay payment. 10. 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. Contractor(s) under this contract shall be invited to submit a percentage discount or mark-up off the lowest price stated on the latest manufacturer's price list(s) and/or catalog(s) for these additional brands. If the discount or mark-up is comparable with discounts or mark-ups offered for other brands, and are otherwise considered to be fair and reasonable, then award shall be made to the Contractor(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 amendment approved by the City Manager and shall become an integral part of the contract. 11. CATALOG ITEMS SHALL BE NEW AND WARRANTED AGAINST DEFECTS. The vendor hereby acknowledges and agrees that all catalog items 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 that any of the catalog items supplied to the City by the vendor are found to be defective or do not conform to specifications: (1) the items 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 items at the Contractor's expense. 12. E-PROCUREMENT REQUIREMENTS (Optional). It is the intent of the City, whenever possible, to utilize e-procurement for the order of apparel and accessories. Thus, should the vendor choose to assist the City with this endeavor, the vendor will need to have a punch-out enabled._storefront._lf_tha_awarded_vendor_idoes_not_currentl_have._a--punch-out enabled---------- storefront, the City's current solution provider can provide a storefront with a searchable catalog and/or a punch-out site for use in the City of Miami Beach e-Marketplace. In order for the City's current solution provider to set up a punch-out enabled storefront, the vendor will need to provide the following: Commerce eXtensible Markup Language (cXML) Punch-out Capable Vendors • cXML punch-out site with contract compliant pricing • Item level United Nations Standard Products and Services (UNSPS) codes • cXML punch-out and order delivery credentials for connection to City of Miami Beach Marketplace. ITB 2018-044-ND 31 Item Catalog Capable Vendors • An item catalog with contract compliant pricing. • Item level UNSPS codes • Searchable catalog or punch-out site via the City's current solution provider The remainder of this page was left intentionally blank. ITB 2018-044-ND 32 APPENDIX E 1 /\ j ; / \\/ \ \ \ j I j Cost Proposal Form ITB 2018-044-ND APPAREL AND ACCESSORIES CITYWIDE PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 ITB 2018-044-ND 33 APPENDIX E COST PROPOSAL FORM Failure to submit Appendix E,Cost Proposal Form, in its entirety and fully executed by the deadline established for the receipt of proposals will result in proposal being deemed non-responsive and being rejected. Bidder affirms that the prices stated on the cost proposal 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 Cost Proposal Form (Appendix E)shall be completed mechanically or, if manually, in ink. Cost Proposal Forms (Appendix E) completed in pencil shall be deemed non-responsive.All corrections on the Cost Proposal Form (Appendix E)shall be initialed. -- — ROUP -APP- z _1': __ -1; [goy 1 - ,nt• , ; Net cost to the City •i -- — -_ ' ' ,'-= (c) I (d) __L___ 1 _xb} 1 (a-c)=d 1 5.11 $177,000.00 % $ $ 2 ADAMS USA $500.00 % $ $ 3 ALTERNATIVE APPAREL $500.00 % $ $ 4 ALL UNIFORM WEAR $500.00 % $ $ 5 AMERICAN WORK $500.00 % $ $ APPAREL 6 ANVIL $500.00 % $ $ 7 ARAMARK $500 % $ $ AUBURN 8 MANUFACTURING, INC $500.00 % $ $ 9 BIANCHI $3,900.00 % $ $ 10 BLACKHAWK $500.00 % $ $ 11 BLAUER i $1,000.00 % $ $ -- 12 BULWARK $500.00 % $ $ COLUBIA 13 SPORTSWEAR $15,000.00 % $ $ 14 CORNERSTONE $500.00 % $ $ 15 DEVON&JONES $500.00 % $ $ 16 DICKIES $61,000.00 % $ $ 17 DISTRICT $500.00 % $ $ 18 DISTRICT MADE $2,500.00 % $ $ 19 EDWARDS $36,000.00 % $ $ ITB 2018-044-ND 34 20 EDDIE BAUER $500.00 % $ $ 21 FRUIT OF THE LOOM $5,000.00 % $ $ 22 GILDAN $20,000.00 % $ $ 23 HANES $2,000.00 % $ $ 24 HARRINGTON $500.00 % $ $ 25 HORACE SMALL $65,000.00 % $ $ 26 JERZEES $500.00 % $ $ 27 LIBERTY CLOTHING $8,000.00 % $ $ 28 MARLOW WHITE $5,000.00 % $ $ 29 MIDWAY CLOTHING $500.00 % $ $ 30 MOCEAN $500.00 % $ $ 31 NEESE INDUSTRIES $500.00 % $ $ 32 NEW ERA $100.00 % $ $ 33 NIKE $5,000.00 % $ $ 34 OGIO $500.00 % $ $ 35 OTTO $500.00 % $ $ 36 PORT AUTHORITY $35,000.00 % $ $ 37 PORT AND COMPANY $500.00 % $ $ 38 PROPPER $500.00 % $ $ 39 RED HOUSE $15,000.00 % $ $ 40 RED KAP $42,000.00 % $ $ 41 RUSSELL ATHLETIC $500.00 % $ $ 42 SPORT TEK $20,000.00 % $ $ TAL 43 DA ASTRICBUTORS CTI $15,000.00 % $ $ 44 TRU SPEC $500.00 % $ $ 45 ULTRACLUB $500.00 % $ $ 46 YUPOONG $500.00 % $ $ 47 VAN HEUSEN $500.00 % $ $ GROUP 2—SUPPLEMENTARY ITEMS AND SERVICES In order to fully service the requirements of City Departments, the following supplementary items and services are required to be bid for Group 1. Bidders are not required to bid on all brands in Group 1. However, bids for brands in Grou• 1 that do not include •ricin•for the su•plementa items below will not be considered. i Estimated Unit Of Total item Supplementary Items and Measure Unit Cost Quantity (c) (a)! Services (b) (a x b)=c 1 Embroidered City Logo 1500 Lot $ $ See A••endix G ITB 2018-044—ND 35 2 Embroidered City Seal 1000 Each $ $ (See Appendix G) - 3 Employee Name 600 Each $ $ 4 City Department Name 300 Each $ $ 5 Additional Lines of Text 1500 Each $ $ 6 Single Color Silk Screened 1500 Each $ $ 7 Two Color Silk Screened 1500 Each $ $ 8 Three Color Silk Screened 600 Each $ $ 9 Reflective Safety Tape 300 Each $ $ 10 Pant Hems 600 Each $ $ TOTAL(items 1-10) $ - GROUP 3- ACCESSO I --IPIPPRIPINIIM '— Estimated I Percentage(%) Discount Amount Net cost to the City Item Brand Expe xittum' Discount i (c) (d) (a) , (b) 77'r4'"(a x b) (a-c)=d 1 BLACKINTON $500.00 % $ $ 2 BOSTON LEATHER $500.00 % $ $ 3 SAMUEL BROOME $500.00 % $ $ 1The estimated amounts stated herein are for calculation purposes only.Actual amounts may be greater or less than the estimated amounts. YES tYO We wish to participate in e..procuremetd(See Appendix a Section t2) Bidder's Affirmation Company: Authorized Representative: Address: Telephone: Email: Authorized Representative's Signature: The remainder of this page was left intentionally blank. ITB 2018-044—ND 36 APPENDIX F is' A /A / /\,/ Insurance Requirements ITB 2018-044—ND APPAREL AND ACCESSORIES CITYWIDE PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 ITB 2018-044-ND 37 MIAMI BEACH INSURANCE REQUIREMENTS This document sets forth the minimum levels of insurance that the contractor is required to maintain throughout the term of the contract and any renewal periods. XXX 1. Workers' Compensation and Employer's Liability per the Statutory limits of the state of Florida. XXX 2. Comprehensive General Liability (occurrence form), limits of liability $ 1,000,000.00 per occurrence for bodily injury property damage to include Premises/ Operations; Products, Completed Operations and Contractual Liability. Contractual Liability and Contractual Indemnity (Hold harmless endorsement exactly as written in "insurance requirements"of specifications). XXX 3. Automobile Liability - $1,000,000 each occurrence - owned/non-owned/hired automobiles included. 4. Excess Liability-$ .00 per occurrence to follow the primary coverages. XXX 5. The City must be named as and additional insured on the liability policies; and it must be stated on the certificate. 6. Other Insurance as indicated: Builders Risk completed value $ .00 Liquor Liability $ .00 Fire Legal Liability $ .00 _Protection and Indemnity $ .00 Employee Dishonesty Bond $ .00 _Other $ - .00 XXX 7. Thirty(30)days written cancellation notice required. XXX 8. Best's guide rating B+:VI or better, latest edition. XXX 9. The certificate must state the proposal number and title The City of Miami Beach is self-insured. Any and all claim payments made from self- insurance are subject to the limits and provisions of Florida Statute 768.28, the Florida Constitution, and any other applicable Statutes. ITB 2018-044-ND 38 APPENDIX G /\\A A /\\A b LAC Logo and Seal Requirements ITB 2018-044-ND APPAREL AND ACCESSORIES CITYWIDE PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 ITB 2018-044-ND 39 9 OTHER ITEMS INTRODUCTION Quick Guide 9.1 LOGO Clothing&Polo Shirts 9.2 COLOR Clothing Details 9.3 IMAGERY Vehicles 9.4 TYPOGRAPHY Employee Identification Card 9.5 STATIONERY TEMPLATES Other Miscellaneous Items 9.6 BUSINESS TEMPLATES MARKETING TEMPLATES OTHER ITEMS City of Miami Beach Identity Standards Marrwl 10/05 Other Items 9.1 Quick Guide Polo Shirts Employee ID i 11 X mill • e NANNE7TE Q ROORIGUEZ r.m Warms onb. , ?“'Cr:• cr uvv,v .,ne Hats Beach Ball M ugs ID e m tivr weEAc ill • IiiMiANffi C c cP -71111‘ CD el _ ) ___ .._... _,:cs.:(::::11E12-_ , ii• -. '7? y • wAM,8EACH ;„4;;::444. 4162 ......nd*11.. offr(-11110 _ r , , Vehicles •All photography is for example and position only. The diagram above provides a reference for the items found in this chapter.Please review the next few pages for more information about each item.Contact the Offi ce of Communications at(305)673-7010 or(305)673-7575 for more information. City of Miami Beach Identity Standards Manual 1 1/17 fir n r ter` 9.2 Other iems --- `, Clothing & Polo Shirts •7 MiAM1SEACH fly r ,.... ••••••,...••• •AN photography is for example and position only. The item above shows acceptable polo shirt colors that may Optional:An accreditation symbol or city seal(for be worn.Refer to the next page for more detailed stitching elected officials only)and department name may be information.The recommended colors for clothing are lime placed on the sleeve. green,white,and blue. City of Miami Beach ldentiy Standards Manual I 1/1 7 a 9.3 Clothing Details White Shirt:Blue Text,Blue Symbol,Lime Green Logotype JOHN TOLEDO MIAMI BEACH Public Works Department Lime Green Shirt:Blue Text,Blue Symbol,Blue Logotype JOHN TOLEDO MIAMIBEACH Public Works Department Blue Shirt:White Text,White Symbol,Lime Green Logotype JOHN TOLEDO et0 MIAMI BEACH Public Wnrks Department This page provides details of the logo application on polo shirts. The logotype should be approximately 3/8"in text height and the symbol should be sized proportionately.If additional text is required,placing the persons name in upper case and the persons title in upper&lower case.Futura Book is the typeface used for the text. City of Miami Beach Identity Standards Manua! 1 1/17 gfi✓ttr:i Vehicles gm wan-car 4162 4111M OMEN Back 410o eNv•oNMetu a 4162 ".1 rS.�.�,1 BEA l'i AtSau Aca MANAG e+err� Niue CED Side 2-Door L 4 _ 4162 ow* CDWm 0 ENN ION MENTA *SOUR C:MA.w GE MENT Side 1-Door •AA photography is for example and position only. Consistent vehicle identification is an important part of This vehicle contains: branding.The diagram above refl ects a typical vehicle -4 Digit Vehicle ID No.,to be at least application.When applying to other types of vehicles,this 4 inches high letter. should be used as a guide. -Department/Division Name,to be at least 2 inches high lettering,justify copy to left. -Logo,size to fi t within the first door. -Website,to be placed on back of car,centered either on the rear bumper or hood. Cry of Morn Becch denny Stondcrds Manual I %'7 TT,7, ---,77.'''1'71/.-";,:r..,,' 4 9.5 Otheraems j. , ,. .x14.tar.c.,v r- ,A Employee Identification Card i 9/16' ts I fi 1 I I --. U -- Q totmLii j %r w , r1 N C� /'� • co f-Futura Book 9pt s { • ID number,Black NANNETTE <—Futura Book 13pt QRODRIGUEZ Upper Case,Black Media Relations Officer f-Futura Book9pt. OFFICE OF Upper&Lower Case,Black Match Pantone COMMUNICATIONS f-Futura Book 9pt. Lime Green Upper Case,Black Logo in Logo in White ell White Background Area •All photography is for example and position only. Employee identification cards are the fi rst impression that a Should there be any additional questions,please city makes to its community.It is equally important to have a contact the Office of Communications at consistent employee identification card,not only for brand (305)673-7010 or(305)673-7575. reasons,but for safety as well. City of Miami Beach lden6y Standards Manual I I/)7 Otherltems , 1 9-6 Other Miscellaneous Items •All photography is for example and position only. 041,) 111 U L, :mAv BEACH Hats Gi • Beach Ball Y acb b s d! •M IAMBEACH MIAMIBEACH 4 • MIAMI BEACH Mugs Mugs,beach balls and hats are some other miscellaneous Should there be any additional merchandise ideas, items for internal departmental use,merchandise sales and please contact the Offi ce of Communications at promotional use.Marketing merchandise is also a valuable (305)673-7010 or(305)673-7575. brand establisher.It is important to maintain a consistency with merchandise for public view. City of Miami Beach Identity Standards Manual 10/05 t �� � �*��'��tt , h�i11�MiADO01/11#7 , :t ,, �'� � %vt '''"P.::or _0\1 P `^ l- Q 00 t " ., FL MIAMI BEACH 1.11 C.);+ +i v i MIAMI BEACH Parks & Recreation ATTACHMENT C CONSULTANTS RESPONSE TO THE ( ITB ) Detail by FEI/EIN Number Page 1 of 2 Flonda Department of State DIVISION OF CORPORATIONS 444C) JIYcic i Uf 53/4k4.org CJ pri. r rot f., :al oficial.tatr of Florida»ehate Department of State / Division of Corporations / Search Records / Detail By Document Number/ Detail by FEI/EIN Number Foreign Profit Corporation DESIGN LAB, INC. Filing Information Document Number F04000000654 FEI/EIN Number 56-2051141 Date Filed 02/04/2004 State SC Status ACTIVE Last Event REINSTATEMENT Event Date Filed 10/08/2010 Principal Address 825 OLD AIRPORT ROAD GREENVILLE,SC 29607 Changed: 05/07/2012 Mailing Address P.O. BOX 27133 GREENVILLE, SC 29616 Changed:07/26/2005 Registered Agent Name&Address MOLLER, LANA D 4065-F L.B. MCLEOD ROAD ORLANDO, FL 32811 Name Changed: 05/07/2012 Address Changed:06/15/2015 Officer/Director Detail Name&Address Title CEO MOLLER, DORIS 20 AUTUMN CREEK WAY GREENVILLE, SC 29615 http://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inq... 9/25/2018 Detail by FEI/EIN Number Page 2 of 2 Annual Reports Report Year Filed Date 2015 06/15/2015 2016 04/15/2016 2017 04/04/2017 Document Images 04/04/2017—ANNUAL REPORT View image in PDF format 04/15/2016—ANNUAL REPORT View image in PDF format 06/15/2015--ANNUAL REPORT View image in PDF format 03/28/2014--ANNUAL REPORT View image in PDF format 01/11/2013—ANNUAL REPORT View image in PDF format 05/07/2012--ANNUAL REPORT View image in PDF format 04/25/2011--ANNUAL REPORT View image in PDF format 10/08/2010—REINSTATEMENT View image in PDF format 05/05/2009--REINSTATEMENT View image in PDF format 10/05/2007--REINSTATEMENT View image in PDF format 08/18/2006--ANNUAL REPORT View image in PDF format 07/26/2005--ANNUAL REPORT View image in PDF format 02/04/2004--Foreign Profit View image in PDF format Florida Department of State,Division of Corporations http://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetai 1?inq... 9/25/2018 INVITATION TO BID ( ITB ) APPAREL AND ACCESSORIES CITYWIDE 2018-044-ND BID ISSUANCE DATE: JUNE 26, 2018 BID DUE: JULY 26, 2018 @ 3:00 PM ISSUED BY: W\ lAt\AIFEAC H NATALIA DELGADO, PROCUREMENT CONTRACTING OFFICER I PROCUREMENT DEPARTMENT • 1755 Meridian Avenue, 3'd Floor, Miami Beach, FL 33139 305.673.7000 x6263I nataliadelgado@miamibeachfl.gov I www.miamibeachfl.gov APPENDIX E A/k ! r � .�..- vCost Proposal Form ITB 2018-044-ND APPAREL AND ACCESSORIES CITYWIDE PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 . ITB 2018-044-ND� 33 APPENDIX E COST PROPOSAL FORM Failure to submit Appendix E,Cost Proposal Form, in its entirety and fully executed by the deadline established for the receipt of proposals will result in proposal being deemed non-responsive and being rejected. Bidder affirms that the prices stated on the cost proposal 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 Cost Proposal Form (Appendix E)shall be completed mechanically or, if manually, in ink. Cost Proposal Forms (Appendix E) completed in pencil shall be deemed non-responsive. All corrections on the Cost Proposal Form (Appendix E)shall be initialed. GROUP 1 - APPAREL Estimated Percentage(%) Discount Amount Net cost to the City Item Brand Expenditure1 Discount (c) (d) (a) (b) (a x b) (a-c)=d 1 5.11 $177,000.00 IC % $ y 6 010,00 $ 130 q gU.00 2 ADAMS USA $500.00 .3 C) % $ IS 0,UQ $ 3 S 0. U[J 3 ALTERNATIVE APPAREL $500.00 3 Q % $ 1 S0,06 $ 35 CI. CO 4 ALL UNIFORM WEAR $500.00 N!A % $ M //a $ Ni (A 5 AMERICAN WORK $500.00 % $ $ APPAREL 3Cl 1Sf).�U 3SG,OU 6 ANVIL $500.00 3 0 % $ 15Q.Od $ 3Sc1-dd 7 ARAMARK $500 ).1 /A % $ ki /A 8 AUBURN $500.00 % $ $ MANUFACTURING, INC z-S 12 S.0O 375, GO 9 BIANCHI $3,900.00 `Z S % $ 17S%q6 EIMICIZEI 10 BLACKHAWK $500.00 1`I % $ '70,GU $ y 30.CIO 11 BLAUER $1,000.00 N IA % $ N(A 12 BULWARK $500.00 2 0 % $ 1 uu.cA $ L(Oo,t`J() 13 COLUMBIA I L$15,000.00 -1 % $ $ j SPORTSWEAR .fly 10 350-°5 14 CORNERSTONE $500.00 3 C1 % $ 1St/x(1 $ 3 S 0.oo 15 DEVON&JONES $500.00 3d % $ 1sa,OQ $ 3SCi_00 16 DICKIES $61,000.00 `2-6 % $ IS t60.0o $ S lei u,uo 17 DISTRICT $500.00 fl % $ 1 50.(K) $ 3 So.UQ 18 DISTRICT MADE $2,500.00 3 CJ % $ 7So.0U $ 17SU. CIO ' 19 EDWARD'S $36,000.00 10 % $ 10 'ctc.o $ 2•S 206-04 ITB 2018-044-ND 34 20 EDDIEBAUER $500.00 30 % $ IS0.00 $ 3Sv.06 21 FRUIT OF THE LOOM $5,000.00 30 % $ I15GO,GQ $ 3)x00.00 22 GILDAN $20,000.00 3 0 % $ e )OH.® $ I - OO 0.00 23 HANES $2,000.00 30 % $ ,o0,(10 $ Vivo. Ud 24 HARRINGTON $500.00 3 v % $ IS G.(IQ $ 35,U.UCI 25 HORACE SMALL $65,000.00 39 % $ 1513So.00 $ 39)6SO,UO 26 JERZEES $500.00 30 % $ (SQ,oO $ ;So .UO 27 LIBERTY CLOTHING $8,000.00 30 % $ 1 - oo.04 $ Sr Eau.op 28 MARLOW WHITE $5,000.00 N iA % $ N/A $ IQ 14 29 MIDWAY CLOTHING $500.00 N/A % $ ,N/4 $ N /A 30 MOCEAN $500.00 NIA % $ N/A $ N/A 31 NEESE INDUSTRIES $500.00 JS % $ 1').S,o0 $ 37S,00 32 NEW ERA $100.00 30 % $ 3( .00 $ 7c.)•00 33 NIKE $5,000.00 .3 0 % $ I1 sclG,do $ 31 so(1,..Oo 34 OGIO $500.00 30 % $ 1So,va $ 3S0 00 35 OTTO $500.00 zS % $ 12S,00 $ 375,00 36 PORT AUTHORITY $35,000.00 30 % $ 101S00,0Q $ 291Sv.o.u0 37 PORT AND COMPANY $500.00 3c1 % $ lSo.cio $ 3S 0,op 38 PROPPER $500.00 33 % $ 10,00 $ (-110.00 39 RED HOUSE $15,000.00 SO % $ 9130J•00 $ I C1SU0,tp 40 RED KAP $42,000.00 2 3 % $ (60,00 $ 32 � 1L►0.40 41 RUSSELL ATHLETIC $500.00 SCS % $ 1So.tit1 $ 15o.cI0 42 SPORT TEK $20,000.00 S0 % $ 6)aov.tio $ 110 f1v,m) T43 DIASTRI ICBUTORS $15,000.00 1\)/A % $ N M $ N al 44 TRU SPEC $500.00 39 % $ 19$,00 $ 305.00 , 45 ULTRACLUB $500.00 30 % $ ISc4,cu0 $ 3Sci•(1•0 46 YUPOONG $500.00 3 6 % $ 1 S c.j0 $ 3 S) .d o 47 VANHEUSEN $500.00 36 % $ 150.,06 $ 3s-0,G0 GROUP 2 SUPPLEMENTARY ITEMS AND SERVICES In order to fully service the requirements of City Departments, the following supplementary items and services are required to be bid for Group 1. Bidders are not required to bid on all brands in Group 1. However, bids for brands in Grouo 1 that do not include.ricin•for the su••lementar Items below will not be considered. Estimated ' Unit Of Total Item Supplementary Items and Quantityt Measure Unit Cost (c) Services (a) (b) (a x b)=c 1 Embroidered City Logo Lot 1500 $ $ See A••endixG �� 50 3 ?So•00 ITS 2018-044-ND 35 2 Embroidered City Seal 1000 Each (See Appendix G) $ 2• SO $ '21soo.o0 3 Employee Name 600 Each $ S. f} 0 $ '1'0 u G.u4 4 City Department Name 300 Each $ 3, 0 0 $ 9 0 tl.01 5 Additional Lines of Text 1500 Each $ 3, v e) $ H . cic.00 6 Single Color Silk Screened 1500 Each $ 1. 1 S $ g7S.G0 7 Two Color Silk Screened 1500 Each $ 1 ,7 S $ 1'6.14•0 8 Three Color Silk Screened 600 Each $ ,00 $ 1))140-06 9 Reflective Safety Tape 300 Each $ S. C)0 $ 1)5-00,Q0 10 Pant Hems 600 Each $ 1 , SO $ ri Oa-U0 TOTAL(Items 1-10) $ 2-2 740.00 GROUP 3. ACCESSORIES Estimated Percentage(%) Discount Amount Net cost to the City Item Brand Expenditures Discount (c) (d) (a) (b) (a x b) (a-c)=d 1 BLACKINTON $500.00 2S % $ 11S.QO $ 374, 00 2 BOSTON LEATHER $500.00 I S % $ 125,00 $ 3-75 , 00 3 SAMUEL BROOME $500.00 2S % $ 12.5. (i $ 3?S, 00 1The estimated amounts stated herein are for calculation purposes only.Actual amounts may be greater or less than the estimated amounts. YES NO We wish to participate in e-procurement(See Appendix D section 12) 1111112.1 Bidder's Affirmation Company: 'CS;qt,IRs y,c_• Authorized Representative: E" cd t. I'1 Q 1(er Address: 17 30 WI S'Coq At al N/A stili etas; IR_ 33111, Telephone: g(,L1 _ ci 1 S _ l.(14 q Email: 6,cd.A.p n.dI\Crta \fAhua •Com Authorized Representative's Signature: /17,401,,, A7_( The remainder of this page was left intentionally blank. i 1� ITB 2018-044-ND 36 i APPENDIX A ., 1::,.:, ��.iw.T.t.'Yi t qit . ✓ �A i '�'K NISI y' ‘ 1 [i 1 41. -}z; k ♦ Ywir .... .J ... '' _j Proposal Certification , Questionnaire & Requirements Affidavit l I ITB 2018-044-ND 1 APPAREL AND ACCESSORIES CITYWIDE 1 PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3rd Floor 1 Miami Beach, Florida 33139 j I ITB 2018-044-ND 16 Solicitation No: Solicitation Title: 2018-044-ND Apparel and Accessories Citywide Procurement Contact: Tel: Email: Natalia Delgado 305-673-7000 x6263 nataliadelgado@miamibeachfl.gov PROPOSAL CERTIFICATION, QUESTIONNAIRE &REQUIREMENTS AFFIDAVIT Purpose: The purpose of this Proposal Certification, Questionnaire and Requirements Affidavit Form is to inform prospective Proposers of certain solicitation and contractual requirements, and to collect necessary information from Proposers in order that certain portions of responsiveness, responsibility and other determining factors and compliance with requirements may be evaluated. This Proposal Certification, Questionnaire and Requirements Affidavit Form is a REQUIRED FORM that must be submitted fully completed and executed. 1. General Proposer Information. FIRM NAME: Q.s% r,lq.t TA.Nc.• NO.OF YEARS IN BUSINESS: Z I • NO.OF YEARS IN BUSINESS LOCALLY:1 4 NO.OF EMPLOYEES: 66, OTHER NAME(S)PROPOSER HAS OPERATED UNDER IN THE LAST 10 YEARS:N /4• b FIRM PRIMARY ADDRESS(HEADQUARTERS): .,LS O 141rpGr� r gtk CITY: 1 Groan Akke, STATE: S ZIP CODE: TELEPHONE NO.: 86 -29-7-7 ` ()9 TOLL FREE NO.: 800 - -nG - 7 H 4L1 • FAX NO.: O6`1 -197 _7 , $' 1 FIRM LOCAL ADDRESS: S O S c G\,r R\ CITY: NI STATE: r1.. ZIP CODE: .1111/I,.,Z PRIMARY ACCOUNT REPRESENTATIVE FOR THIS ENGAGEMENT: KA ' G h Q Q ACCOUNT REP TELEPHONE NO.: 3o�-S'17 - L182-S ACCOUNT REP TOLL FREE NO.: B 00 _?$6 -7H 6 L` ACCOUNT REP EMAIL: • 1 (3 CZ . M, 2N 3n,a;� . c�Qf`� FEDERAL TAX IDENTIFICATION NO.: \\A The City reserves the right to seek additional information from Proposer or other source(s),including but not limited to: any firm or principal information, applicable licensure, resumes of relevant individuals,client information,financial information,or any information the City deems necessary to evaluate the capacity of the Proposer to perform in accordance with contract requirements. • !TB 2018-044—ND 17 1. Veteran Owned Business.Is Pro oser claiming a veteran owned business status? YES ITM 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. When requested by the City, 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/wcslstoreslservlet/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 three(3)days of request. 3. 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. 4. 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. 5. Suspension,Debarment or Contract Cancellation.Has Proposer ever been debarred,suspended or other legal violation,or had a contract cancelled due to non- erformance by an ublic sector agency? YES N0 SUBMITTAL REQUIREMENT: If answer to above is "YES," Proposer shall submit a statement detailing the reasons that led to action(s). 6. 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. 7. 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 Department 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 http://www.miamibeachfl.gov/city-hall/procurem ent/procurement-related-ordinance-and-procedures/. ITB 2018-044—ND 18 8. •!_ - - . '" . _ - --. . e: .• -• ':111-time-to-time,-covered employees-44 _. .. ::. - - -• e- 1. Effective January 1, 2018, covered empleyoos must bo paid-a-living-wage-rate-ef-ne-less-than-$.1-1-82-per-heur-wi4h benefits- ..• • •- , ' ', -- - . _ . ••.. .. .. . _ Wine -•- - - -- •.• . ! •-. benefits- .-• - -•••- , • !, -• - -• • - _ __- - _id-a living-wage rato of no loss than $11.78 per hour with benefits. Th: - -- • -- - -: : - : - . :. . _:•••••_•:• - •- • .- • . • • • Burow- --- - - • •• ' . - :.: - •- -: .::• • -- - -° - ••- - • • • • -•- •e•, - - - • -• e.. '-- - - • ermines-it-weul e •• e: •-- --. . - -• -•- - , • •4. -- al/a• • - . ' ._•- ' . _ -•- • • ,U; • • " ... .- - ...••••. . -•- - _ .: - •- - • ._ • ••• , • -•-. -- 9. 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? FJ 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? [-xi YES LI NO C. Please check all benefits that apply to your answers above and list in the "other" section any additional benefits not already specified. Note:some benefits are provided to employees because they have a spouse or domestic partner,such as bereavement leave;other benefits are provided directly to the spouse or domestic partner,such as medical insurance. BENEFIT Firm Provides for Firm Provides for Firm does not Employees with Employees with Provide Benefit Spouses Domestic Partners Health Sick Leave �( x Family Medical Leave ( �( i Bereavement Leave x If Proposer cannot offer a benefit to domestic partners because of reasonseaoutside 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 cn 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 http://www.miamibeachfi.gov/city-hall/procurement/procurement-related-ordinance-and- procedures/ ITB 2018-044-ND 19 10. Public Entity Crimes.Section 287.133(2)(a),Florida Statutes,as currently enacted or as amended from time to time,states that a person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a proposal, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a proposal, proposal,or reply on a contract with a public entity for the construction or repair of a public building or public work;may not submit proposals, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier,subcontractor,or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list. SUBMITTAL REQUIREMENT: No additional submittal is required. By virtue of executing this affidavit document, Proposer agrees with the requirements of Section 287.133,Florida Statutes,and certifies it has not been placed on convicted vendor list. 11. Non-Discrimination. Pursuant to City Ordinance No.2016-3990,the City shall not enter into a contract with a business unless the business represents that it does not and will not engage in a boycott as defined in Section 2-375(a)of the City Code,including the blacklisting, divesting from,or otherwise refusing to deal with a person or entity when such action is based on race,color, national origin, religion,sex,intersexuality,gender identity,sexual orientation,marital or familial status,age or disability. SUBMITTAL REQUIREMENT: No additional submittal is required. By virtue of executing this affidavit document, Proposer agrees it is and shall remain in full compliance with Section 2-375 of the City of Miami Beach City Code. 12. Moratorium on Travel to and the Purchase of Goods or Services from North Carolina and Mississippi. Pursuant to Resolution 2016-29375, the City of Miami Beach, Florida, prohibits official City travel to the states of North Carolina and Mississippi, as well as the purchase of goods or services sourced in North Carolina and Mississippi. Proposer shall agree that no travel shall occur on behalf of the City to North Carolina or Mississippi,nor shall any product or services it provides to the City be sourced from these states. SUBMITTAL REQUIREMENT: No additional submittal is required. By virtue of executing this affidavit document, Proposer agrees it is and shall remain in full compliance with Resolution 2016-29375. 13. Fair Chance Requirement. Pursuant to Section 2-376 of the City Code,the City shall not enter into any contract resulting from a competitive solicitation, unless the proposer certifies in writing that the business has adopted and employs written policies, practices, and standards that are consistent with the City's Fair Chance Ordinance, set forth in Article V of Chapter 62 of the City Code ("Fair Chance Ordinance"), and which, among other things, (i) prohibits City contractors, as an employer, from inquiring about an applicants criminal history until the applicant is given a conditional offer of employment; (ii) prohibits advertising of employment positions with a statement that an individual with a criminal record may not apply for the position, and (iii) prohibits placing a statement on an employment application that a person with a criminal record may not apply for the position. SUBMITTAL REQUIREMENT: No additional submittal is required at this time. By virtue of executing this affidavit, Proposer certifies that it has adopted policies,practices and standards consistent with the City's Fair Chance Ordinance. Proposer agrees to provide the City with supporting documentation evidencing its compliance upon request. Proposer further agrees that any breach of the representations made herein shall constitute a material breach of contract, and shall entitle the City to the immediate termination for cause of the agreement,in addition to any damages that may be available at law and in equity. 14. Acknowledgement of Addendum. After issuance of solicitation, the City may release one or more addendum to the solicitation which may provide additional information to Proposers or alter solicitation requirements. The City will strive to reach every Proposer having received solicitation through the City's e-procurement system, PublicPurchase.com. However, Proposers are solely responsible for assuring they have received any and all addendum issued pursuant to solicitation.This Acknowledgement of Addendum section certifies that the Proposer has received all addenda released by the City pursuant to this solicitation. Failure to obtain and acknowledge receipt of all addenda may result in proposal disqualification. Initial to Confirm Initial to Confirm Initial to Confirm Receipt Receipt Receipt 1,'\ 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 2018-044—ND 20 DISCLOSURE AND DISCLAIMER SECTION The solicitation referenced herein is being furnished to the recipient by the City of Miami Beach (the"City")for the recipient's convenience. Any action taken by the City in response to Proposals made pursuant to this solicitation, or in making any award,or in failing or refusing to make any award pursuant to such Proposals, or in cancelling awards, or in withdrawing or cancelling this solicitation, either before or after issuance of an award,shall be without any liability or obligation on the part of the City. In its sole discretion, the City may withdraw the solicitation either before or after receiving proposals, may accept or reject proposals, and may accept proposals which deviate from the solicitation,as it deems appropriate and in its best interest. In its sole discretion, the City may determine the qualifications and acceptability of any party or parties submitting Proposals in response to this solicitation. Following submission of a Bid or Proposal, the applicant agrees to deliver such further details, information and assurances, including financial and disclosure data, relating to the Proposal and the applicant including, without limitation, the applicant's affiliates, officers, directors,shareholders,partners and employees,as requested by the City In its discretion. The information contained herein is provided solely for the convenience of prospective Proposers. It is the responsibility of the recipient to assure itself that information contained herein is accurate and complete.The City does not provide any assurances as to the accuracy of any information in this solicitation. Any reliance on these contents,or on any permitted communications with City officials,shall be at the recipient's own risk. Proposers should rely exclusively on their own investigations,interpretations, and analyses.The solicitation is being provided by the City without any warranty • or representation,express or implied, as to its content, its accuracy,or its completeness. No warranty or representation is made by the City or its agents that any Proposal conforming to these requirements will be selected for consideration,negotiation,or approval. The City shall have no obligation or liability with respect to this solicitation,the selection and the award process,or whether any award will be made.Any recipient of this solicitation who responds hereto fully acknowledges all the provisions of this Disclosure and Disclaimer,is totally relying on this Disclosure and Disclaimer,and agrees to be bound by the terms hereof.Any Proposals submitted to the City pursuant to this • solicitation are submitted at the sole risk and responsibility of the party submitting such Proposal. This solicitation is made subject to correction of errors,omissions, or withdrawal from the market without notice. Information is for guidance only,and does not constitute all or any part of an agreement. The City and all Proposers will be bound only as, if and when a Proposal (or Proposals), as same may be modified, and the applicable definitive agreements pertaining thereto, are approved and executed by the parties, and then only pursuant to the terms of the definitive agreements executed among the parties.Any response to this solicitation may be accepted or rejected by the City for any reason,or for no reason,without any resultant liability to the City. The City is governed by the Government-in-the-Sunshine Law,and all Proposals and supporting documents shall be subject to disclosure as required by such law. All Proposals shall be submitted in sealed proposal form and shall remain confidential to the extent permitted by Florida Statutes, until the date and time selected for opening the responses.At that time, all documents received by the City shall become public records. Proposers are expected to make all disclosures and declarations as requested in this solicitation.By submission of a Proposal, the Proposer acknowledges and agrees that the City has the right to make any inquiry or investigation it deems appropriate to substantiate or supplement information contained in the Proposal,and authorizes the release to the City of any and all information sought in such inquiry or investigation. Each Proposer certifies that the information contained in the Proposal is true, accurate and complete, to the best of its knowledge, information, and belief. • Notwithstanding the foregoing or anything contained in the solicitation,all Proposers agree that in the event of a final unappealable judgment by a court of competent jurisdiction which imposes on the City any liability arising out of this solicitation, or any response thereto, or any action or inaction by the City with respect thereto, such liability shall be limited to$10,000.00 as agreed-upon and liquidated damages.The previous sentence, however, shall not be construed to circumvent any of the other provisions of this Disclosure and Disclaimer which imposes no liability on the City. In the event of any differences in language between this Disclosure and Disclaimer and the balance of the solicitation, 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. ITB 2018-044—ND 21 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 Representatve: Title of Proposers AlIuthorized Representative: Pc d\ i1 v �ltr UP Sc,tes. Signature of Proposers Authorized Representative: Date: --7/ 1k, State of S G ) On this ZS day of Ju L.1 ,20L 'personally appeared before mefragew 1 nc[,4Rwho County of G r ) stated that (s)he is the t u9 Ia_. of I��f /fig , 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 theSrA'1E; of s oaafakAii A My Commission Expires: -S Z"Za 2-6, THOMAS R JOHNSTON Notary Public State of South Oarolina My Commission Eicpires May 24026 • ITB 2018-044-ND 22 DEJIGNINfin 825 Old Airport ltd.•Greenville,South Carolina 29607 Toll Free 1-800-786-7464.864-297-7199•Fax 864-297-7198 www.DesignLabOnline.com•designlab2@aol.com REFERENCES DEPARTMENT: Lynx Transportation ADDRESS:455 N.Garland Ave,Orlando,FL 32811 TELEPHONE/FAX:407-254-6029/407-254-6285 CONTACT:Nancy Rodriguez CONTACT EMAIL:nrodriguez@golynx.com COMPANY EMAIL ADDRESS:www.golvnx.com 5 Year Contract/4 Months Remaining $1,300,000 DEPARTMENT:Hillsborough County Fire ADDRESS:2709 E Hanna Ave,Tampa,FL 33610 TELEPHONE/FAX: 813-272-6600 CONTACT: Chief Jason Dougherty CONTACT EMAIL:DoughertyJL@hillsboroughcounty.org COMPANY EMAIL ADDRESS :www.hillsboroughcounty.org 8 Year Contract/1 Year Remaining $6,400,000 DEPARTMENT :Palm Beach County Fire Rescue ADDRESS:405 Pike Road,West Palm Beach,FL 33411 TELEPHONE/FAX: 561-233-0885/561 616-7090 CONTACT: Don Howard CONTACT EMAIL:DHoward@pbcgov.org COMPANY EMAIL ADDRESS: www.pbc.org 5 Year Contract/2 Years Remaining $3,000,000 DEPARTMENT: Sarasota Co.Sheriff ADDRESS:2071 Ringling Blvd, Sarasota,FL 34237 TELEPHONE/FAX: 941-861-4291/941 861-4891 CONTACT: Angie Schuhmann CONTACT EMAIL: aschuhmat?a,scgov.net 4 Year Contract/1 Years Remaining $800,000 • • 825 Old Airport Rd.•Greenville,South Carolina 29607 DEsiGNLHEIC Toll Free 1-800-786-7464.864-297-7199•Fax 864-297-7198 www.DesignLabOnline.com•designlab2@aol.com July 25, 2018 Proposal Certification, Questionnaire &Requirements Affidavit 3. N/A 4. Attached 6. N/A 7. Designlab will adopt, as required in the ordinance,the City of Miami Beach Code of Ethics. Thank you, • Matt Moller VP Sales Designlab, Inc. 1 ATTACHMENT D INSURANCE REQUIREMENTS APPENDIX F /V\ /_\\ BE Insurance Requirements ITB 2018-044-ND APPAREL AND ACCESSORIES CITYWIDE PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 ITB 2018-044-ND 37 MIAMI BEACH INSURANCE REQUIREMENTS This document sets forth the minimum levels of insurance that the contractor is required to maintain throughout the term of the contract and any renewal periods. XXX 1. Workers' Compensation and Employer's Liability per the Statutory limits of the state of Florida. XXX 2. Comprehensive General Liability (occurrence form), limits of liability $ 1,000,000.00 per occurrence for bodily injury property damage to include Premises/ Operations; Products, Completed Operations and Contractual Liability. Contractual Liability and Contractual Indemnity (Hold harmless endorsement exactly as written in "insurance requirements"of specifications). XXX3. Automobile Liability - $1,000,000 each occurrence - owned/non-owned/hired automobiles included. 4. Excess Liability-$ .00 per occurrence to follow the primary coverages. XXX 5. The City must be named as and additional insured on the liability policies; and it must be stated on the certificate. 6. Other Insurance as indicated: Builders Risk completed value $ .00 _Liquor Liability $ .00 Fire Legal Liability $ .00 — _Protection and Indemnity $ .00 Employee Dishonesty Bond $ .00 —Other $ .00 — XXX 7. Thirty(30) days written cancellation notice required. XXX 8. Best's guide rating B+:VI or better, latest edition. XXX 9. The certificate must state the proposal number and title The City of Miami Beach is self-insured. Any and all claim payments made from self- insurance are subject to the limits and provisions of Florida Statute 768.28, the Florida Constitution, and any other applicable Statutes. ITB 2018-044-ND 38