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Certification of Contract with Budget Rent-A-Car Systems, Inc. MIAMIBEACH CITY OF MIAMI BEACH CERTIFICATION OF CONTRACT C 2 C II /N/ 2,aq) TITLE: For Rental of Vehicles CONTRACT NO.: ITB 2019-035-AG EFFECTIVE DATE(S): This Contract shall remain in effect for a,period of three (3) years from December 6, 2018, and may be extended at the sole discretion of the City, through its City Manager, for two (2) additional (1) year terms. SUPERSEDES: NA CONTRACTOR(S): Budget Rent-A-Car Systems Inc. ESTIMATED ANNUAL CONTRACT AMOUNT: NA A. AUTHORITY - Upon affirmative action taken by the Mayor and City Commission of the City-of Miami Beach, Florida ("City"), on November 14, 2018, approving the award of this Contract, and upon execution thereof by the City and Budget Rent-A-Car Systems Inc. a Delaware corporation (the "Contractor"). B. EFFECT- This Contract is entered into to provide for Rental of Vehicles. Invitation to Bid No. ITB 2019-035-AG 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 ITB 2019-035-AG. 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, AJ Prieto/Police Commander, City of Miami Beach Police Department at 305-673-7000 ext. 5649. E. INSURANCE CERTIFICATES) - The Contractor shall file Insurance Certificates, as required, which must be signed by a Registered Insurance Agent licensed in the State of Florida, and approved by the City of Miami Beach Risk Manager, prior to delivery of supplies and/or commencement of any services/work by Contractor. F. ASSIGNMENT AND PERFORMANCE - Neither this Contract nor any interest herein shall be assigned, transferred, or encumbered by Contractor without the prior written consent of the City. In addition, Contractor shall not subcontract delivery of supplies, or 1 Page 2 Certification of Contract any portion of work and/or services required by the Contract Documents without the prior written consent of the City. Contractor warrants and represents that all persons providing/performing any supplies, work, and/or services required by the Contract Documents have the knowledge and skills, either by training, experience, education, or a combination thereof, to adequately and competently provide/perform same, or services to City's satisfaction, for the agreed compensation. Contractor shall provide/perform the supplies, work, and/or services required under the Contract Documents in a skillful and respectable manner. The quality of the Contractor's performance and all interim and final product(s) and /or work provided to or on behalf of City shall be comparable to the best local and national standards. G. SERVICE EXCELLENCE STANDARDS = Excellent Customer Service is the standard of the City of Miami Beach. As a Contractor of the City, Contractor will be required to conduct itself in a professional, courteous and ethical manner, and at all times adhere to the City's Service Excellence standards. Training will be provided by the City's Organizational Development and Training Specialist. H. PUBLIC ENTITY CRIMES — 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. 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: AJ Prieto _ Police Commander City of Miami Beach Police Department 1100 Washington Avenue Miami Beach, Florida 33139 Phone: 305-673-7000 ext. 5649 Email: AJPrieto(&miamibeachfl.gov With copies to: City Clerk City Clerk Office 1700 Convention Center Drive Miami Beach, Florida 33139 For Contractor: Budget Rent-A-Car Systems Inc. 6 Sylvan Way Parsippany, NJ. 07054 Attn: Andrew Salcido Phone: 954-924-1202 E-mail: andrew.salcidoaavisbudget.com L. MATERIALITY AND WAIVER OF BREACH - City and Contractor agree that each requirement, duty, and obligation set forth in the Contract Documents is substantial and important to the formation of this Contract and, therefore, is a material term hereof. City's failure to enforce any provision of the Contract Documents shall not be deemed a waiver of such provision or modification of this Contract. A waiver of any breach of a provision of this Contract shall not be deemed a waiver of any subsequent breach and shall not be construed to be a modification of the terms of this Contract. M. SEVERANCE - In the event a portion of this Contract and/or the Contract Documents is found by a court of competent jurisdiction to be invalid, the remaining provisions shall continue to be effective unless City or Contractor elects to terminate this Contract. An election to terminate this Contract based upon this provision shall be made within seven (7) days after the finding by the court becomes final. 3 Page 4 Certification of Contract N. APPLICABLE LAW AND VENUE - This Contract and/or the Contract Documents shall be enforceable in Miami-Dade County, Florida, and if legal action is necessary by either party with respect to the enforcement of any or all of the terms or conditions herein exclusive venue for the enforcement of same shall lie in Miami-Dade County, Florida. By entering into this Contract, Contractor and City hereby expressly waive any rights either party may have to a trial by jury of any civil litigation related to, or arising out of the Contract and/or the Contract Documents. Contractor, shall specifically bind all subcontractors to the provisions of this Contract and the Contract Documents. O. AMENDMENTS - No modification, amendment, or alteration in the terms or conditions contained herein, or in the Contract Documents, shall be effective unless contained in a written document prepared with the same or similar formality as this Contract and executed by the City and Contractor. P. This Contract shall not be effective until all bonds and insurance(s) required under the Contract Documents have been submitted to, and approved by, the City's Risk Manager. Q. The ITB and Contractor's bid in response thereto, are attached to this Contract and are hereby adopted by reference and incorporated herein as if fully set forth in this Contract. Accordingly, Contractor agrees to abide by and be bound by any and all of the documents incorporated by the Contract Documents. Where there is a conflict between any provision set forth within (i) this Contract; (ii) the ITB; and /or (iii) Contractor's bid in response thereto, the more stringent provision (as enforced by the City) shall prevail. R. 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. 4 .�_r, 'Paged .__.. ....K ecetion.ot Contract of INWITNESSHES t rt trd �� ".art r� Contract: o b : sigh'ed;andattestedthis 1.7 Dec., _ chair respa to duty rsri r pr errata' ';,RE fl A : T INCCITY • I MI"B •} ; Print i ,_ Tar /4' •Secretary! art �r € rnt tr k ........?si i , jw ...\-‘7---.... '' ild7•0'......:.•'- ':\ Ararat a.. S. pate e.• ,'W i� s is 1* = 1i,1'OORP ORATE ' - ,e e = ' PPPO 4: * �'' r dip c 'sk°or"c;"tr �� ATTACHMENT A RESOLUTION COMMISSION ITEMS AND COMMISSION MEMORANDUM f 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: November 14,2018 SUBJECT: REQUEST FOR APPROVAL TO AWARD A CONTRACT PURSUANT TO INVITATION TO BID (ITB) NO. 2019-035-AG, FOR RENTAL OF VEHICLES. RECOMMENDATION The administration recommends that the Mayor and City Commission of the City of Miami Beach, Florida approve the City Manager's recommendation,pertaining to the bids received,pursuant to ITB 2019-035-AG for rental of vehicles. ANALYSIS The City of Miami Beach Police Department("Department"), as part of its normal operations, depends heavily on undercover operations for its criminal investigations. The Department uses rental vehicles during undercover operations to remain disguised in order to ensure the integrity of any given criminal case and for the safety of all parties involved. The Department uses, on average, thirty-three (33) vehicles per month to conduct undercover operations. These rental vehicles have an estimated cost of$25,000 per month. ITB PROCESS ITB No. 2019-035-AG was issued on October 11, 2018,with a bid opening date of October 25,2018. One (1) addendum was issued.The Procurement Department issued bid notices to 195 companies utilizing www.publicpurchase.com website and 280 via email notification. Twenty-eight (28) prospective bidders accessed the advertised solicitation. The notices resulted in the receipt of three (3) responses from: Enterprise Leasing Company of Florida,LLC and Budget Refit-A-Car System,Ina.and Royal Rent A Car Systems of Florida,Inc. The ITB stated that the lowest responsive, responsible bidder meeting all terms, conditions, and specifications of the ITB would 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. After review of the bids submitted and the ITB requirements, staff has determined that the lowest responsive, responsible bidder meeting'all terms, conditions, and specifications for classes one (1) through eight (8) of the ITB is Budget Rent-A-Car System, Inc. Class nine (9) will not be recommended foraward since the price received exceeds the City's cost expectation for this vehicle class. If and when this class of vehicle is required, the Administration will then determine the most efficient and cost-effective manner of acquiring. • Through the issuance of the ITB, the Procurement Department sought to establish fix monthly rates for the rental of various vehicle classes. Based on the current needs of the Police Department, the most used vehicle class is the full-size SUVs; which includes vehicles similar to the Chevrolet Tahoe. The current rate for this vehicle class is $859.69 per month. The pricing,obtained through the ITB for the Full-Size SUV vehicle class is $675 per month. This pricing will realize an annual savings of approximately $22,000. see Attachment A for full Bid Tabulation. Budget has been in business for 72 years in the local market and nationwide. Further, Budget offers multiple facilities with access to pick up and drop off vehicles located throughout the Miami Dade and Broward Counties. The Police Department has used this firm in the past with positive results. CONCLUSION After considering the bids received and staffs evaluation, pursuant to ITB 2019-035-AG, I recommend that the Mayor, and City Commission of the City of Miami Beach, Florida, approve the award to Budget Rent-A-Car System, Inc. for classes one (1)through eight(8) of the ITB. KEY INTENDED OUTCOMES SUPPORTED Enhance Public Safety and Emergency Preparedness FINANCIAL INFORMATION https://miamibeach.novusagenda.com/agendapublic/CoverSheet.aspx?Item... 11/19/2018 Coversheet Page 2 of 2 Expenditures will be based on previously approved funding. Legislative Tracking Police/Procurement ATTACHMENTS: Description ❑ Attachment A:Bid Tabulation t r— https://miamibeach.novusagenda.com/agendapublic/CoverSheet.aspx?Item... 11/19/2018 ATTACHMENT A: TABULATION FOR INVITATION TO BID(ITB) 2019-035-AG RENTAL OF VEHICLES Enterprise Leaseing Company of Royal Rent-A-Car Systems of Florida, LLC Budget Rent A Car System,Inc.1 Florida,Inc. Item, Description _ - Monthly Unit Cost, :.:Mónthly Unit Cost Monthly Unit Cost 1 Mid-Size Sedans $645.00 - $585.00 $930.00 2 Full-Size Sedans $645.00 $625.00_ $960.00 3 Full-Size Luxury Sedan $950.00 $820.00 $1,125.00 4 12 Passenger Vans $900.00 $895.00 $1,080.00 5 Mid-Size Pick Up Trucks $750.00 $650.00 $960.00 6 Full-Size Pick-Up Trucks $750.00 $650.00 - $990.00 Mid-Size Sports Utility Vehicles 7 (SUV) _ $750.00 $675.00 $990.00 8 Full-Size Sports Utility Vehicles(SUV) $950.00 $675.00 $1,180.00- 9 Cargo Vana2 0 $373.90,99 'Recommended for Award 2Not being recommended for award exceeds budgeted funds for this Class. - ATTACHMENT,B INVITATION TO BID (ITB) AND ADDENDUMS MIAMI BEACH Procurement Department, 1755 Meridian Avenue,3`d Floor,Miami Beach,Florida 33139,www.miamibeachfl.gov,,305.673-7490 ADDENDUM NO. 1 INVITATION TO BID NO. 2019-035-AG RENTAL OF VEHICLES October 19, 2018. This Addendum to the above-referenced ITB is issued in response to questions from prospective bidders, or other 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). I. ATTACHMENTS: As requested -by bidders, attached ,is the City's past contract (expired) with Enterprise Leasing. The contract is provided for informational purposes only and should not be relied upon for matters that may contradict the current ITB. Exhibit A Previous Contract with Enterprise Leasing Company of Florida LLC. Any questions regarding this Addendum should be submitted in writing to the Procurement Management Department to the attention of the individual named below, with a copy to the City Clerk's Office at RafaelGranado( miamibeachfl.gov. Contact: Telephone: Email: Alian Gonzalez 305-673-7000 ext. 6799 . alianoonzalezamiamibeachfl.qov Bidders are reminded to acknowledge receipt of this addendum as part of your ITB submission. Potential bidders that have elected not to submit a response to the ITB are requested to complete and return the"Notice to Prospective Bidders",questionnaire with the reason(s) for not submittinga proposal. Ii'.- Dens Pr.,curement Director • • 1 ADDENDUM NO.1 INVITATION TO BID(ITB)NO.2019-035-AG RENTAL OF VEHICLES EXHIBIT A PREVIOUS CONTRACT WITH ENTERPRISE LEASING COMPANY OF FLORIDA LLC 2 " ADDENDUM NO.1 - INVITATION TO BID(ITB)NO.2019-035-AG RENTAL OF VEHICLES • AAIAMLBEACH CITY OF MIAMI BEACH CERTIFICATION OF CONTRACT TITLE: Rental of Vehicles CONTRACT NO.: 2014-176 EFFECTIVE DATE(S): This Contract shall remain in effect for three (3) years from date of Contract 'execution by the Mayor and City Clerk, and may be renewed, at the sole discretion of the City, through its City Manager, for two (2)additional one (1) year periods. SUPERSEDES: 51-08/09 CONTRACTOR(S): Enterprise Leasing Company of Florida, LLC ESTIMATED ANNUAL CONTRACT AMOUNT: 233,270 A. AUTHORITY - Upon affirmative action taken by the Mayor and City Commission of the City of Miami Beach, Florida, on April 23, 2014, for approval to award a contract, upon execution between the City of Miami Beach, Florida, and Contractor. B, EFFECT - This Contract is entered into to provide rental, of vehicles pursuant to City Invitation to Bid No. 2014-176 and any addenda thereto (the ITB), and Contractor's bid in response thereto (this Contract, the ITB, and Contractor's bid in response thereto may hereinafter collectively be referred to as the"Contract Documents"). • C. ORDERING INSTRUCTIONS - All blanket purchase orders shall/ be issued in accordance with the City of Miami Beach Department of Procurement Management policies and procedures, at the prices indicated, exclusive of all Federal, State and local taxes. All blanket purchase orders shall show the City of Miami Beach Contract Number 2013-080-ITB-SW. 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, Steven Williams, Procurement Coordinator, at 305-673-7000 ext. 6650. E. INSURANCE CERTIFICATE(S) - The Contractor shall file Insurance Certificates, as required, which must be signed by a Registered Insurance Agent licensed in the State of Florida, and approved by the City of Miami Beach Risk Manager, prior to delivery of supplies and/or commencement of any services/work by Contractor. F. ASSIGNMENT AND PERFORMANCE - Neither this Contract nor any interest herein shall be assigned, transferred, or encumbered by Contractor without the prior written consent of the City. In addition, Contractor shall not subcontract delivery of supplies, or any portion of work and/or services required by the Contract Documents without the prior written consent of the City. 1 Certification of Contract'' Contractor warrants and represents that all persons providing/performing any supplies, work, and/or services required by the Contract Documents have the knowledge and skills, either by training,'experience, education, or a combination thereof, to adequately and competently provide/perform same, or services to City's satisfaction, for the agreed compensation. Contractor shall provide/perform the supplies, work, and/or services required under the Contract Documents in a skillful and respectable manner. The quality of the Contractor's performance and all interim and final product(s) and /or work provided to or on behalf of City shall be comparable to the best local and national standards. G. SERVICE EXCELLENCE STANDARDS — Excellent Customer Service is the standard of the City of Miami Beach. As a Contractor of the City, Contractor will be required to conduct itself in a professional, courteous and ethical manner, and at all times adhere to the City's Service Excellence standards. Training will be provided by the City's Organizational Development and Training Specialist. H. PUBLIC ENTITY CRIMES - In accordance with the Public Crimes Act, Section 287.133, Florida Statutes, a person or affiliate who is a contractor, consultant or other provider, who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to the City, may not submit a bid on a contract with the City for the construction or repair of a public building or public work, may not submit bids on leases'of real property to the City, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with the City, and may not transact any business with-the City in excess of the threshold amount provided in Section 287.017, Florida Statutes, for category two purchases for a period of 36 months from the date of being placed on the convicted vendor list. Violation of this section by Contractor shall result in cancellation of the Contract and may result in Contractor debarment. INDEPENDENT CONTRACTOR - Contractor is an independent contractor under this Contract. Supplies, work, and/or services, provided by Contractor pursuant to the Contract Documents shall be subject to the supervision of Contractor. In providing such supplies, work, and/or services, neither Contractor nor its agents shall act as officers, employees, or agents of the City. This Contract shall not constitute or make the parties a partnership or joint venture. J. THIRD PARTY BENEFICIARIES - Neither Contractor nor City intends to directly or substantially benefit a third party by this Contract and/or the Contract Documents. Therefore, the parties agree that there are no third party beneficiaries to this Contract and that no third party shall be entitled to assert a claim against either of them based upon this Contract and/or the Contract Documents. The parties expressly acknowledge that it is not their intent to create any rights or obligations in any third person or entity under this- Contract and/or the Contract Documents. 2 Certification of Contracts K. NOTICES - Whenever either party desires to give notice,to the other, such notice must be in writing, sent by certified United States Mail, postage prepaid, return receipt • requested, or by hand-delivery with a request for a written receipt of acknowledgment of delivery, addressed to the party for whom it is intended at the place last specified. The place for giving notice shall remain the same as set forth herein until changed in writing in the manner provided in this section. For the present, the parties designate the following: For City: Alex Denis, Procurement Director City of Miami Beach Department of Procurement Management 1700 Convention Center Drive Miami Beach, Florida 33139 With copies to: City Clerk 'City Clerk Office 1700 Convention Center Drive Miami Beach, Florida 33139 For Contractor: Enterprise Leasing Company of Florida, LLC 11945 S.W. 140 Terrance Miami, Florida 33186 ' Attn: Lester Guzman Phone: 954-931-4574 Cell: 305-278-2921 E-mail: lester.guzman rr ehi.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. Certification of Contracf { N. APPLICABLE LAW AND VENUE - This Contract and/or the Contract Documents shall be enforceable in Miami-Dade County, Florida, and if legal action is necessary by either party with respect to the enforcement of any or all of the terms or conditions herein exclusive venue for the enforcement of same shall lie in Miami-Dade County, Florida. By entering into this Contract, Contractor and City hereby expressly waive any rights either party may have to a trial by jury of any civil litigation related to, or arising out of the Contract and/or the Contract Documents. Contractor, shall specifically bind all subcontractors-to the provisions of this Contract and the Contract Documents. 0. AMENDMENTS - No modification, amendment, or alteration in the terms or conditions contained herein, or in the Contract Documents, shall be effective unless contained in a written document prepared with the same or similar formality as this Contract and executed by the City and Contractor. P. This Contract shall not be effective until all bonds and insurance(s) required under the Contract Documents have been submitted to, and approved by, the City's Risk Manager. Q. The ITB and Contractor's bid in response thereto, are attached to this Contract and are hereby adopted by reference and incorporated herein as if fully set forth in this Contract. Accordingly, Contractor agrees to abide by and be bound by any and all of the documents incorporated by the Contract Documents. Where there is a conflict between • any provision set forth within (i) this Contract; (ii) the ITB; and /or (iii) Contractor's bid in response thereto, the more stringent provision (as enforced by the City) shall prevail. • • 1 i 4 • Certification of Contract � IN WITNESS WHEREOF the City and Contractor I) ve.caused this Certification of Contract to be signed and attested on this ��V' day of d' , 201, by their respective duly authorized representatives. CONTRACTOR CITY OF MIAMI BEACH By ��J4: - _ By President/Signature ' ayor Lir c� w� � (� � $ / l Print Name Date Date • ATTEST. ATTEST: ' , 11_,./A/ Secretary/Sigr( ure City Clerk Ze4Ar Zrnefri Print Name '�CO�-a9 1.1444 c� I £ • Date 1 ' RP �- ORATED. s F.\PURC1$ALL\Sollcltatlons12014\2014-176-LR-ITB Rental of Vehicles\Contraot12013-176 Enterprise Leas olbo { • APPROVED AS TO FORM &LANGUAGE • } &Fr)H .ICUTION it'Atte,neyDate t � r i COMMISSION ITEM SUMMARY Condensed Title: Request For Approval To Award A Contract To Pursuant To Invitation To Bid(ITB)No,2014-176-LR For Rental Vehicles. Key Intended Outcome Supported: N/A • • Supporting Data(Surveys,Environmental Scan,etc.): NIA • issue: Shall the City Commission approve the award of Contract? Item Summary/Recommendation: The purpose of this item is to approve a contract to provide approximately thirty-three(33)rental vehicles annually ' for the City of Miami Beach pursuant to ITB 2014-176, The vehicles shall be late models with low mileage,and In good operating condition. There will be no mileage charges or rental charges except for refueling charges allowed on any rental. The selection of the vehicles will be classified Into groups for pricing purposes. From these groups, the Police Department may choose the vehicle most suited to support their investigative operations. Twenty-eight(28)vendors were notified of the solicitation,with eight(8)vendors downloadingthe solicitation.One (1) response was received in response to the solicitation, RECOMMENDATION After review of the sole response received,It is recommended that Enterprise Leasing Company of Florida, LLC, the sole responsive, responsible bidder be awarded the contract: Advisory Board Recommendation: N/A Financial Information: Source of Amount Account. Funds: 1 $ 9,270 011-1110-000323 2 $ 14,000 011-1122-000323 3 $210,000 011-1140-000323 Total $233,270 Financial Impact Summary:The annual cost associated with rental vehicles is subject to funds availability approved through the annual budgeting process. Account information and availability of funds shall be verified and approved for each request prior to procuring the services.The funding and accounts noted above are the FY 2014 budget amounts approved by Commission. City Clerk's Office Legislative Tracking: • Alex Denis, Director Ext#6641 • • Sign-Offs: • De•artment Di ector Assistant 1 4znager Cit M.na•er A• �� R MT ICA JLM FAT Drive •ENDA12014WpriI\ProcurementlWTB 2014-176 Rental V EM SUMMARY,dac a „es Ml I EAC AQEWDA ITEM 193 DAVE 1/1 -a 3-r CI- MIAMIBEACH City of Miami Beach,1700 Convention Center Drive,Miami Beach,Florida 33139,www.miamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Philip Levine and Members f the Cit ommission FROM: Jimmy L. Morales,City Manager ' DATE: . April 23,2014 SUBJECT: REQUEST FOR APPROVAL TO AWA''D A CONTRACT PURSUANT TO INVITATION TO BID (ITB) NO.2014-176-LR FOR RENTAL . EHICLES. ADMINISTRATION RECOMMENDATION Approve the award of the contract. - KEY INTENDED OUTCOME N/A FUNDING The annual cost associated with rental vehicles is subject to funds availability approved through the annual budgeting process. Account information and availability of funds shall be verified and approved for each request prior to procuring the services.The funding and accounts noted below are the FY 2014 budget amounts approved by Commission. 011-1110-000323 $ 9,270.00 011-1122-000323 $ 14,000.00 011-1140-000323 . $210,000.00 - • Should additional funding be required due to increased need of services, it will be subject to the review and approval of the Office of Budget and Performance Improvement(OBPI)i BACKGROUND INFORMATION The purpose of Invitation to Bid (ITB) No. 2014-176-LR is to establish a contract, by means of sealed bids,.with a qualified firm(s)for rental vehicles for the City of Miami Beach,on an as needed basis, for up to thirty-three (33) vehicles per month. The vehicles shall be late models with low mileage, and in good operating condition. There will be no mileage charges or rental charges except for refueling charges allowed on any rental. The selection of the vehicles will be classified into groups for pricing purposes. From these groups,the Police Department may choose the vehicle most suited to support their investigative operations. The contract(s)entered into with the successful bidder(s)shall remain in effect for three(3)years. The price offered by the Bidder in its Bid Proposal shall remain firm and fixed during the initial three (3)year term.The City,through its City Manager,shall have the option to renew this contract for an additional two(2)one-year periods on a year-to-year basis. During the renewal term,the City may consider an adjustment to price based on changes in the applicable CPI-U index. 194 Commission Memorandum ITB 2014-176-LR Rental Vehicles April 23,2014 Page 12 ITB PROCESS ITB No.2014-176,was issued on March 5,2014,with a bid opening date of March 27, 2014. One (1)addenda were issued to answer to questions submitted by prospective bidders.The Department of Procurement Management issued bid notices to twenty(28)firms utilizing the Public Purchase and the Florida Purchasing Group'website. Eight 8)prospective bidders accessed the advertised solicitation. In addition, the Department of Procurement Management sent the ITB document to additional firms not registered,with the Public Group. The notices resulted in the receipt of one(1)response from.Enterprise Leasing Company of Florida, LLC. The ITB stated that the lowest responsive, responsible bidder meeting all terms, conditions,and specifications of the ITB will be recommended for award. Since there was a sole response received no veterans and local preferences was considered however,Enterprise Leasing Company of Florida, LLC has three(3).locations in Miami Beach. The Bid Price form was categorized by vehicles class as follows: mid-size, full-size, luxury, mini- van, pick-up truck,sport utility vehicle and cargo van. In evaluating the sole bid received it has been determined that the bid from Enterprise Leasing Company of Florida, LLC,was deemed responsive. The Department of Procurement Management verified the following: • Minimum Requirements 1. Similar Experience. Bids will only be considered from firms that are regularly engaged in the business of providing goods and services as described in for a minimum of three (3)years. Enterprise Leasing Company,of Florida, LLC has been in the business for fifty- seven(57)years. • 2 One(1)governmental agency currently being service. Enterprise Leasing Company of Florida, LLC—currently providing rental vehicles to the City of Miami Beach, City of Miami and Miami-Dade County,for their respective Police Departments. 3. Bidder(s)shall make available multiple secure rental locations for vehicle pickup/exchanges within Miami-Dade and Broward Counties. Enterprise Leasing Company of Florida, LLC—has multiple locations in the tri- county area (Miami-Dade, Monroe and Broward Counties) • Past Performance - Enterprise Leasing Company of Florida, LLC,is located in Miami,Florida with three(3)rental locations in Miami Beach; has been in business for over 57 years and has provided rental vehicle for local agencies including the City of Miami Beach, City of Miami and Miami-Dade County and their performance has been very satisfactory. Pricing submitted by Enterprise Leasing Company of Florida LLC, is attached. 195 • Commission Memorandum ITB 2014-176-LR Rental Vehicles April 23, 2014 Page 13 Although Enterprise Leasing Company of Florida LLC("Enterprise")submitted the sole response,a price comparison was conducted based on their current contract and that in theirbid submittal. It was determined that for three (3) of the seven (7) categories pricing decreased, two (2) others remained the same, and only two(2)categories indicated a price increase. Vehicle Class Current Contract Price Bid Price Mid-Size $600 $575 Full-Size $640 $625 Luxury $820 $820 Mini-Van $640 $640 Pick-up Truck s $640 $675 Sport Utility Vehicle $650 $685 Cargo Van $600 $550 After review of sole response received, it is recommended that Enterprise Leasing Company of Florida, LLC,the sole responsive, responsible bidder be awarded the contract. CITY MANAGER'S REVIEW After considering the review and recommendation of City staff,the City Manager exercised his due diligence and is recommending to the Mayor and the City Commission award the contract to Enterprise Leasing Company of Florida, LLC. CONCLUSION Based on the aforementioned,the Administration recommends that the Mayor and City Commission award a contract pursuant to Invitation to Bid (ITB) No. 2014-176-LR for Rental Vehicles, to • Enterprise Leasing Company of Florida, LLC, in the amount of$233,270, ' I ,- 196 • Tabulation of Bids ITB 2014-176 Rental Vehicles ENTERPRISE LEASING COMPANY OF FLORIDA, LLC • Description-Make and Model Number Vehicle (list examples of vehicles Cost per of Annual Total Annual Item Class in this class) Month Months Cost QTY Cost 1 Mid-Size Nissan Altima $575.00 X 12 $6,900.00- X 5 $34,500.00 Chrysler 200 Chevy Malibu 2 Full-Size Ford Fusion $625.00 X 12 $7,500.00 X 5 $37,500.00 • Toyota Camry I - Dodge Charger 3 Luxury Cadillac Sedan $820.00 X 12 $9,840.00 X 1 $9,840.00 Lincoln Sedan Infinity G37 4 Mini-van Dodge Grand Caravan $640.00 X 12 $7,680.00 X 1 $7,680.00 Chrysler Town& Country Toyota Sienna Pick-up 5 Truck Dogde Ram $675.00 X 12 $8,100.00 X 5 $40,500.00 Chevy Silverado Ford F150 Sport Utility 6 Vehicle • Nissan Pathfinder $685.00 X 12 $8,220.00 X 10 $82,200.00 Jeep Grand Cherokee Ford Escape Cargo 7 Van Ford Econoline $550.00 X 12 $6,600.00 X 3 $19,800.00 Chevy ! Grand Total $232,020.00 Prepared by,:Lourdes Rodriguez s Date:April 8,2014 197 THIS PAGE INTENTIONALLY LEFT BLANK . 1 198 4. MIAMI : tACH =.,,,,, City of Miami Beach,1700 Convention Center Drive,Miami Beach,Florida 33139,www.mtamibeachll.gov , DEPARTMENT OF PROCUREMENT MANAGEMENT Tel; 305,673-7490 Fax; 786.394.4002 ADDENDUM NO.1 INVITATION TO BID NO.2014-176-LR FOR RENTAL VEHICLES (the!TB) March 20,2014 , This Addendum to the above-referenced ITB Is issued in response to questions from prospective bidders, or other clarifications and revisions issued by the City.The ITS is amended in the following particulars only. ry 1. RESPONSES TO QUESTIONS RECEIVED; Q#1: Can the City provide Prospective Bidder with the current provider's rates? A#1: Yes,attached please find the rates for the current provider. Any questions regarding this Addendum should be submitted in writing to. the Procurement Management Department to the attention of the Individual named below, with a copy to the City( Clerk's Office at RafaelGranado rr7i m iamibeachfl.gov Contact: Telephone: Email: Lourdes Rodriguez 305-673-7000 ext.6652 LourdesRodriguez@miamibeachfl.gov Proposers are reminded to acknowledge receipt of this addendum as part of your iTB submission. Potential proposers that have elected not to submit a response to the ITB are requested to complete and return the'Notice to Prospective Bidders"questionnaire with the reason(s)for not submitting a proposal, Sr" A AieX enis P urement Director ' RFP No.2014-127-LR Addendum#2 1 3/20/20141 1 'x• :yiiZ.7:4::;.?.(4(5.'4'.-",..34U,<.:.W:41,,ele:•.:-••,,,,,,,,,,,, ..,4,. ,.�.. ....w.....,..,— jUrl ;:, Rental/Lease of Vehicles for the City of Miami Beach ':1 ITB Na. S1-08-09 it Company Mame11i.., Pf `; � l We propose the following listed rental/lease rates for the various classes listed belowto the City of Miami Beach t in accordance with the Bid Specifications for the Vehicle Rental/Lease Services far the City of Miami Beach. F We understand the quantities that are listed are subject to change without advanced notice.The rates proposed are as follows: (NM=As Needed Basis) •' Total ITEM Est. Vehicle Descrtption-Make and Model Cost X Annual X Annual s Qty Class (list examples of vehicles In this mass) per Month 12 Cost QTY Cost 11 • 1 7 Mid-size OD t4C7' COQ X1 1 X 12 oa ac f ,a2�� 7 S - x '3? OD " Aueu 5. via i)2 7 Full-size '3)t�7 pf 'R...6iP� .�✓�� .X 12 .41#o Kt� '7 S �1. U o'' 1 i i 2 1 Full-size „.1 1\1'60(44 -9k7(j i4 '' e 4f2$~ X 12 f Q.1 1 1 o? NN (Luxury) • CA-DWI', TA-- i lriPI I'SI i 1 G'2 r ac,a 1 4 1 Passenger 07 146 ` f` `.__. X 12 Q 1 J 4 AIN Van CA'-PJ-(S L IOWN ,i'QI)Nr'I \ 5 (7 pass) •'(*I ec St "1J IJ 1 5 1 Passenger �J L e.' ( I CS X 12.11C32; 1 r ci J ' MI Van O V gC)0 00 L4 c 1 (15 pass) - J , K; igg �� N •6 1 Truck 112 T X 1 ,.,[4: 1 ' f 2jr ,.,[4:} s� AIN Furl Size •r2 4-' A 0 • Reg Bed DOTS 8, M /., daJ tip dn 7 5 Truck-Crew tgr(K 1 t...Vr>=.t�, 7�p 1O :` x 121•,_,_- . b ,• ,*. Full Size �7 -F.,ISO ' ?I • Short bed DOp ' PkM 8 1 Guy 1f 7 Tio. -W% .010.— x1214_09.2- 1 $ Affil . E&__,S", DcdVe— tf' _ .0 . i 9 8 SUV 1 J1 `p1,Q f t ((7.� X 12 _'_ 8 t.. Compact �,.-%(ArY `T`hhf A i�pi.A ,�7A e +` &MK>) 13,1'G . 10 1 suv ' % •q. ' -�, 41; n 1214_,..00 1 � ) ,i NN Full Size }OOD 2:4 f e[)l 1-1 0 0 ' } L M£i 4 )z ii 1 1 Cargo Van �& f IK L`�e.? 600 f '1x12:31.2007-1 $ 3:,,9,00 AN SpecifyO O t,A 0 1/2 Or 3MMTot Other Comments J AS • It- T 1E x�- .14156: (;".11.-CFO t,t Hcb2' , ¢ __ I � , 1 P tit��- 1 "�„ t h� "� s �� .r , J ,60 W- OF 'PI C14- op , 1.J ' . G ‘ . 1. i Y qqq� h 3 1 tg 4 INVITATION TO BID ( ITB) RENTAL OF VEHICLES 201 4-176-LR BID ISSUANCE DATE: MARCH 5, 2014 BID DUE: MARCH 27, 2014 @ 3:00 PM ISSUED BY: LOURDES RODRIGUEZ I k MIAMIBEACH LOURDES RODRIGUEZ, CPPB PROCUREMENT COORDINATOR DEPARTMENT OF PROCUREMENT MANAGEMENT 1700 Convention Center Drive, Miami Beach, FL 33139 305.673.7000 x 6652 f Fax: 786.394.4075 I www.miamibeachfl.gov MIAMI 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 . i ITB 2014-176-LR 2 MIAMI BEACH SECTION 0200 INSTRUCTIONS TO BIDDERS 1. GENERAL. The City utilizes PublicPurchase (www.publicpurchase,com) for automatic notification of competitive solicitation opportunities and document fulfillment, including the issuance of any addendum to this ITB. Any prospective Bidder who has received this ITB by any means other than through PublicPurchase must register immediately with PublicPurchase to assure it receives any addendum issued to this ITB. Failure to receive an addendum may result in disqualification of proposal submitted. 2.SOLICITATION TIMETABLE.The tentative schedule for this solicitation is as follows: ITB Issued March 5,2014 Pre-Bid Meeting N/A Deadline for Receipt of Questions March 20, 2014 Responses Due March 27,2014 Tentative Commission Approval Authorizing Award April 23, 2014 3. PROCUREMENT CONTACT.Any questions or clarifications concerning this solicitation shall be submitted to the Procurement Contact named herein, in writing, with a copy to the City Clerk's Office, Rafael E. Granado via e-mail: RafaelGranado(a,miamibeachfl.gov ; or facsimile: 786-394-4188. The Bid title/number shall be referenced on all correspondence. All questions or requests for clarification must be received no later than seven (7) calendar days prior to the date proposals are due as scheduled in Section 0200-3. All responses to questions/clarifications will be sent to all prospective Proposers in the form of an addendum, Procurement Contact: Telephone: Email: Lourdes,Rodriguez 305.673.7000 x6652 lourdesrodriguez@miamibeachfl.gov • ITB 2014-176-LR 3 MIAMI BEA H 4. PRE-BID MEETING OR SITE VISIT(S). Only if deemed necessary by the City, a pre-bid meeting or site visit(s) may be scheduled. A Pre-Bid conference will be held as scheduled in Solicitation Timeline above at the following address: City of Miami Beach City Hall-4th Floor City Manager's Large Conference Room 1700 Convention Center Drive Miami Beach, Florida 33139 Attendance (in person or via telephone) is encouraged and recommended as a source of information, but is not mandatory. Proposers interested in participating in the Pre-Bid Submission Meeting via telephone must follow these steps: (1) Dial the TELEPHONE NUMBER: 1-888-270-9936(Toll-free North America) (2) Enter the MEETING NUMBER: 1142644 Proposers who are interested in participating via telephone should send an e-mail to the contact person listed in this ITB expressing their intent to participate via telephone. 5. PRE-BID INTERPRETATIONS. Oral information or responses to questions received by prospective Bidders are not binding on the City and will be without legal effect, including any information received at pre-bid meeting or site visit(s). Only questions answered by written addenda will be binding and may supersede terms noted in this solicitation.Addendum will be released through PublicPurchase, 6. CONE OF SILENCE. Pursuant to Section 2-486 of the City Code, all procurement solicitations once advertised and until an award recommendation has been forwarded to the City Commission by the City Manager are under the "Cone of Silence." The Cone of Silence ordinance is available at http://library.municode,com/index.aspx?clientID=13097&statelD=9&statename=Florida. Any communication or inquiry in reference to this solicitation with any City employee or City official is strictly prohibited with the of exception of 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 RafaelGranadoamiamibeachfl.gov, 7. SPECIAL NOTICES. You are hereby advised that this solicitation is subject to the following ordinances/resolutions, which may be found on the City Of Miami Beach website: http://web,mlamibeachfLoov/procurement/scroil.aspx?Id=23510 • CONE OF SILENCE CITY CODE SECTION 2-486 • PROTEST PROCEDURES CITY CODE SECTION 2-371 • DEBARMENT PROCEEDINGS CITY CODE SECTIONS 2-397 THROUGH 2-485.3 • LOBBYIST REGISTRATION AND DISCLOSURE OF FEES CITY CODE SECTIONS 2-481 THROUGH 2-406 • CAMPAIGN CONTRIBUTIONS BY VENDORS CITY CODE SECTION 2-487 • CAMPAIGN CONTRIBUTIONS BY LOBBYISTS ON PROCUREMENT ISSUES CITY CODE SECTION 2-488 • REQUIREMENT FOR CITY CONTRACTORS TO PROVIDE EQUAL BENEFITS FOR DOMESTIC PARTNERS CITY CODE SECTION 2-373 • LIVING WAGE REQUIREMENT CITY CODE SECTIONS 2-407 THROUGH 2-410 • LOCAL PREFERENCE FOR MIAMI BEACH-BASED VENDORS......,,. CITY CODE SECTION 2-372 ITB 201 176-LR 4 9 MIAMI 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. MIAMI BEACH-BASED VENDORS PREFERENCE. Pursuant to City of Miami Beach Ordinance No, 2011- 3747, a preference will be given to a responsive and responsible Miami Beach-based vendor, who is within five percent(5%) of the lowest and best bidder, an opportunity of providing said goods or contractual services for the lowest responsive bid amount. Whenever, as a result of the foregoing preference, the adjusted prices of two (2) or more Miami Beach-based vendors constitute the lowest bid for a competitively bid purchase, and such bids are responsive and otherwise equal with• respect to quality and service, then the award shall be made to the Miami Beach-based vendor having the greatest number of its employees that are Miami Beach residents,Whenever,two or more Miami Beach-based vendors have the same number of its employees that are Miami Beach residents, then the award shall be made to the Miami Beach-based vendor who is certified by Miami-Dade County as a Minority or Women Business Enterprise. 12. VETERAN BUSINESS ENTERPRISES PREFERENCE. Pursuant to City of Miami Beach Ordinance No. 2011- 3748, the City shall give a preference to a responsive and responsible bidder which is a small business concern owned and controlled by a veteran(s) or which is a service-disabled veteran business enterprise, and which is within five percent (5%) of the lowest and best bidder, by providing such bidder an opportunity of providing said goods or contractual services for the lowest responsive bid amount. Whenever, as a result of the foregoing preference, the adjusted prices of two (2) or more bidders which are,a small business concern owned and controlled by a veteran(s) or a service-disabled veteran business enterprise constitute the lowest bid pursuant to an ITB or oral or written ITB 201 -1 6 R 5 MIAMI BEACH request for quotation, and such bids are responsive, responsible and otherwise equal with respect to quality and service, then the award shall be made to the service-disabled veteran business enterprise: 13. CONTRACT PRICE. Bid Price is to include the furnishing of all labor, materials, equipment including tools, services, permit fees, applicable taxes, overhead and profit for the completion of the Work except as may be otherwise expressly provided in the solicitation. 14. METHOD OF AWARD. Following the review of bids and application of vendor preferences, the lowest responsive, responsible bidder(s) meeting all terms, conditions, and specifications of the ITB will be recommended for award by bid item, bid group, or for the entirety of all bid items, as deemed in the best interest of the City, to the City Manager for his consideration. After considering the staff recommendation for award, the City Manager shall exercise his due diligence and recommend to the Mayor and City Commission the bid that the City Manager deems to be in the best interest of the City.The City Commission shall consider the City Manager's 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 up to three vendors(primary,secondary,tertiary),as available,by line Item, by group or in its entirety. The City will endeavor to utilize vendors in order of award. However,the City may utilize other vendors in the event that: 1)a contract vendor is not or is unable to be In compliance with any contract or delivery requirement;2)it is in the best interest of the City to do so regardless of reason. 16. BINDING CONTRACT.The signed bid shall be considered an offer on the part of the bidder, which offer shall be deemed accepted upon award of the bid by the City Commission. The City Commission's selection or approval of the City Manager's recommendation shall constitute a binding Contract between the City and the awarded bidder(s). The Contract shall include the solicitation, any and all addenda issued by the City and the Bid Proposal submitted the by bidder. In any discrepancy between the documents, the order of preference shall be as follows: 1)Addendum in reverse order of release;2) Solicitation;3) Bid Proposal. In case of default on the part of the successful bidder, the City may procure the items or services from other sources and hold the bidder responsible for any excess cost occasioned or incurred thereby. 17. VOLUME OF WORK TO BE RECEIVED BY CONTRACTOR. It is the intent of the City to purchase the goods and services specifically listed in this solicitation from the contractor. However, the City reserves the right to purchase any goods or services awarded from state or other governmental contract, or on an as-needed basis through the City's spot market purchase provisions. 18. GENERAL TERMS AND CONDITIONS. It is the responsibility of the Bidder to become thoroughly familiar with the Bid requirements, terms and conditions of this solicitation. Ignorance by the Bidder of conditions that exist or that may exist will not be accepted as a basis for varying the requirements of the City, or the compensation to be paid to the Bidder. ITB 2014-176-LR 6 MIAMI BEACH 19. ACCEPTANCE OR REJECTION OF BIDS. The City reserves the right to reject any or all bids prior to award. Reasonable efforts will be made to either award the Contract or reject all bids within one-hundred twenty (120) calendar days after bid opening date. A Bidder may not withdraw its bid unilaterally nor change the Contract Price before the expiration of one hundred and twenty (120) calendar days from the date of bid opening. A Bidder may withdraw its bid after the expiration of one hundred twenty (120) calendar days from the date of bid opening by delivering written notice of withdrawal to the Department of Procurement Management prior to award of the Bid by the Mayor and City Commission, 20. ALTERNATE RESPONSES MAY BE CONSIDERED. The City may consider one (1) alternate response from the same Bidder for the same formal solicitation; provided, that the alternate response offers a different product that meets or exceeds the formal solicitation requirements, In order for the City to consider an alternate response, the Bidder shall complete a separate Price Sheet form and shall mark "Alternate Response". Alternate response shall be placed in the same response. This provision only applies to formal solicitations for the procurement of goods, services, items, equipment, materials, and/or supplies. 21.AMERICAN WITH DISABILITIES ACT.To request this material in accessible format, sign language interpreters, information on access for persons with disabilities, and/or any accommodation to review any document or participate in any city-sponsored proceeding, please contact 305-604-2489(voice), 305-673-7524 (fax) or 305-673-7218 (TTY) five days in advance to.initiate your request. TTY users may also call 711 (Florida Relay Service). 22. ANTI-DISCRIMINATION. The bidder certifies that he/she is in compliance with the non-discrimination clause contained in Section 202, Executive Order 11246, as amended by Executive Order 11375, relative to equal employment opportunity for all persons without regard to race, color, religion, sex or national origin. 23. ASSIGNMENT. The Successful Bidder shall not assign, transfer, convey, sublet or otherwise dispose of the contract, including any or all of its right, title or interest therein, or his/her or its power to execute such contract, to any person,company or corporation, without the prior written consent of the City. 24. AUDIT RIGHTS AND RECORDS RETENTION.The Successful Bidder agrees to provide access at all reasonable times to the City, or to any of its duly authorized representatives, to any books, documents, papers and records of Contractor which are directly pertinent to this formal solicitation,for the purpose of audit, examination, excerpts, and transcriptions. The Successful Bidder shall maintain and retain any and all of the books, documents, papers and records pertinent to the Contract for three(3)years after the City makes final payment and all other pending matters are closed, Contractor's failure td or refusal to comply with this condition shall result in the immediate cancellation of this contract by the City. 25.BID BONDS, PERFORMANCE BONDS, CERTIFICATES OF INSURANCE. Bid Bonds, when required, shall be submitted with the bid in the amount specified in the Special Conditions, After acceptance of the bid, the City will notify the successful bidder to submit a performance bond and certificate of insurance in the amount specified in the Special Conditions. 26. BILLING INSTRUCTIONS. Invoices, unless otherwise indicated, must show purchase order numbers and shall be submitted to the ordering City department. 27. CANCELLATION. In the event any of the provisions of this Bid-are violated by the bidder, the City shall give written notice to the bidder stating such deficiencies and, unless such deficiencies are corrected within ten (10) calendar days from the date of the City's notice, the City, through its City Manager, may declare the contract in default and terminate same, without further notice required to the bidder. Notwithstanding the preceding, the City, through its City Manager, also reserves the right to terminate the contract at any time and for any reason, without 7 ITB 201 176 LR ea MIAMI BEACH cause and for convenience, and without any monetary liability to the City, upon the giving of thirty (30) days prior written notice to the bidder. • 28. CITY'S RIGHT TO WAIVE OR REJECT BIDS. The City Commission reserves the right to waive any informalities or irregularities in this Bid; or to reject all bids, or any part of any bid, as it deems necessary and in the best interest of the City of Miami Beach. 29. CLARIFICATION AND ADDENDA TO BID SPECIFICATIONS. if a bidder is in doubt as to the true meaning of the Bid specifications, or other Bid documents, or any part thereof, the bidder must submit to the City, at least ten (10)calendar days prior to the scheduled Bid opening date, a request for clarification. Any interpretation of the Bid, including, without limitation, responses to questions and request for clarification(s)from bidders, will be made only by Addendum duly issued by the City. In the event of conflict with the original specifications, the Addendum shall supersede such specifications, to the extent specified. Subsequent Addendum shall govern over prior Addendum only to the extent specified. The bidder shall be required to acknowledge receipt of any and all Addendum, and filling in and signing in the spaces provided in section 5.0, Acknowledgements/Affidavits. Failure to acknowledge Addendum may deem a bid non-responsive. The City will not be responsible for explanations, interpretations, or answers to questions made verbally or in writing by any City representative, unless issued by the City via formal written Addendum to this Bid. Any questions or clarifications concerning the Bid shall be submitted in writing to the Department of Procurement Management(DPM), 1700 Convention Center Drive, Miami Beach, FL 33139 with a copy to the City Clerk. 30. COLLUSION.Where two (2) or more related parties each submit a bid or bids for any contract, such bids or bids shall be presumed to be collusive, The foregoing presumption may be rebutted by presentation of evidence as to the extent of ownership, control and management of such related parties in the preparation and submittal of such bid or bids, "Related parties"means bidders or the principals thereof which have a direct or indirect ownership interest in another bidder for the same contract, or in which a parent company or the principals thereof of one(1) bidder have a direct or indirect ownership interest in another bidder for the same contract. Bid or bids found to be collusive shall be rejected. Bidders who have been found to have engaged in collusion may also be suspended or debarred, and any contract resulting from collusive bidding may be terminated for cause. 31. CONDITION AND PACKAGING. Bidder guarantees items offered and delivered to be the current standard production model at time of bid and shall offer expiration dating of at least one year or later. Bidder also guarantees items offered and delivered to be new, unused, and free from any and all defects in material, packaging and workmanship and agrees to replace defective items promptly at no charge to the City of Miami Beach, for the manufacturer's standard warranty but in no case for a period of less than 12 months from date of acceptance. All containers shall be suitable for storage or shipment, and all prices shall include standard commercial packaging. 32. CONTRACT EXTENSION. The City reserves the right to require the Contractor to extend contract past the stated termination date for a period of up to 120 calendar days in the event that a subsequent contract has not yet been awarded. Additional extensions past the 120 calendar days may occur as needed by the City and as mutually agreed upon by the City and the contractor, 33. DELIVERY. Unless actual date of delivery is specified (or if specified delivery cannot be met), show number of days (in calendar days) required to make delivery after receipt of purchase order, in space provided. Delivery time 8 • { MIl V Y II BEAC V 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 AM, to 4:00 P.M. • 34. DELIVERY TIME. Bidders shall specify in the attached Bid Form,the guaranteed delivery time(in calendar days) for each item. It must be a firm delivery time; no ranges (For example, 12-14 days)will be accepted. 35. DEMONSTRATION OF COMPETENCY. A. Pre-award inspection of the bidder's facility may be made prior to the award of contract. B. Bids will only be considered from firms which are regularly engaged in the business of providing the goods and/or services as described in this Bid. C. Bidders must be able to demonstrate a good record of performance for a reasonable period of time, and have sufficient financial capacity, equipment, and organization to ensure that they can satisfactorily perform the services if awarded a contract under the terms and conditions of this Bid. D. the terms "equipment and organization", as used herein shall, be construed to mean a fully equipped and well established company in line with the best business practices in the industry, and as determined by the City of Miami Beach. E. The City may consider any evidence available regarding the financial, technical, and other qualifications and abilities of a bidder, including past performance (experience), in making an award that is in the best interest of the City. F. The City may require bidders to show proof that they have been designated as authorized representatives of a manufacturer or supplier, which is the actual source of supply. In these instances, the City may also require material information from the source of supply regarding the quality, packaging, and characteristics of the products to be supply to the City. Any material conflicts between informationprovided by the source of supply and the information contained in the bidder's bid may render the bid non-responsive. G. The City may, during the period that the contract between the City and the successful bidder is in force, review the successful bidder's record of performance to ensure that the bidder is continuing to provide sufficient financial support, equipment, and organization as prescribed in this bid. Irrespective of the bidder's performance on contracts awarded to it by the City, the City may place said contracts on probationary status and implement termination procedures if the City determines that the successful bidder no longer possesses the financial support, equipment, and organization which would have been necessary during the bid evaluation period in order to comply with the demonstration of competency required under this subsection. 36. DISPUTES. In the event of a conflict between the Bid documents, the order of priority of the documents shall be as follows: A. Any contract or agreement resulting from the award of this Bid;then B. Addendum issued for this Bid, with the latest Addendum taking precedence;then C. The Bid; then D. The bidder's bid in response to the Bid. - i In case of any doubt or difference of opinion as to the items and/or services (as the case may be) to be furnished hereunder,the decision of the City shall be final and binding on all parties. 37. DEFAULT. Failure or refusal of a bidder to execute a contract upon award, or withdrawal of a bid before such award is made, may result in forfeiture of that portion of any bid surety required as liquidated damages incurred by the City thereby;'or, where surety is not required, failure to execute a contract as described above may be grounds for removing the bidder from the City's bidders list. ITB 2014-176-LR „ ,.m. ... ,�... .�......... .... _.,..v, , ,,....�.w.�..,,�,.,. , i 9 - i >l MIAMI BEACH 38. EQUIVALENTS. If a bidder offers makes of equipment or brands of supplies other than those specified in the Bid specifications, he must so indicate in his bid. Specific article(s) of equipment/supplies shall conform in quality, design and construction with all published claims of the manufacturer. The bidder shall indicate in the Bid Form the manufacturer's name and number if bidding other than the specified brands, and shall indicate ANY deviation from the specifications as listed in the Bid. Other than specified items offered requires complete descriptive technical literature marked to indicate detailed conformance with specifications, and MUST BE INCLUDED WITH THE BID, NO BIDS WILL BE CONSIDERED WITHOUT THIS INFORMATION. THE CITY SHALL BE THE SOLE JUDGE OF EQUALITY AND ITS DECISION SHALL BE FINAL. Note as to Brand Names: Catalog numbers, manufacturers' and brand names, when listed, are informational guides as to a standard of acceptable product quality level only and should not be construed as an endorsement or a product limitation of recognized and legitimate manufacturers. Bidders shall formally substantiate and verify that product(s)offered conform with or exceed quality as listed in the specifications. 39. ELIMINATION FROM CONSIDERATION. This bid shall not be awarded to any person or firm who is in arrears to the City upon any debt, taxes, or contracts which are defaulted as surety or otherwise upon any obligation to the City. 40. EMERGENCY RESPONSE PRIORITY. It is hereby made a part of this solicitation that before, during, and after a public emergency, disaster, hurricane, tornado, flood, or other acts of force majeure that the City of Miami Beach, Florida shall receive a "First Priority" for any goods and services covered under any award resulting from this solicitation, including balance of line items as applicable. It is vital and imperative that the majority of citizens are protected from any emergency situation that threatens public health and safety, as determined by the City. By virtue of submitting a response to this solicitation, vendor agrees to provide all award-related goods and services to the City on a"first priority" under the emergency conditions noted above. 41. ESTIMATED QUANTITIES. Estimated quantities or estimated dollars, if provided, are for City guidance only. No guarantee is expressed or implied as to quantities or dollars that will be used during the contract period. The City is not obligated to place any order for a given amount subsequent to the award of this Bid. Estimates are based upon the City's actual needs and/or usage during a previous contract period. The City may use said estimates for purposes of determining whether the low bidder meets specifications, 42. EXCEPTIONS TO BID. Bidders are strongly encouraged to thoroughly review the specifications and all conditions set forth In this Bid. Bidders who fail to satisfy the requirements in this Bid, may be deemed non- responsive and receive no further consideration. Should your proposed bid not be able to meet one (1) or more of the requirements set forth in this Bid and you are proposing alternatives and/or exceptions to said requirements, you must notify the Procurement Office, in writing, at least five (5) calendar days prior to the deadline for submission of bids. The City reserves the right to revise the scope of services via Addendum prior to the deadline for receipt of bids. 43. FACILITIES.The City, through its City Manager or his/her authorized designee, reserves the right to inspect the bidder's facilities at any time, upon reasonable prior written or verbal notice. 44. FLORIDA PUBLIC RECORDS LAW. Bidders are hereby notified that all Bids including, without limitation, any and all information and documentation submitted therewith, are exempt from public records requirements under iI Section 119.07(1), Florida Statutes, and s. 24(a), Art. 1 of the State Constitution until such time as the City provides notice of an intended decision or until thirty (30) days after opening of the bids, whichever is earlier, Additionally, Contractor agrees to be in full compliance with Florida Statute 119.0701 including, but not limited to, agreement to I B 201 -176-LR R ... , .,,, h�,.. 0 ' 1 G MIAMI BEACH (a) Keep and maintain public records that ordinarily and necessarily would be required by the public agency in order to perform the services; (b) provide the public with access to public records on the same terms and conditions that the public agency would provide the records and at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law; (c) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law; (d) Meet all requirements for retaining public records and transfer, at no cost, to the public agency all public records in possession of the contractor upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the public agency in a format that is compatible with the information technology systems of the public agency. 45. F.O.B. DESTINATION. Unless otherwise specifiedin the Formal Solicitation, all prices quoted/proposed by the bidder must be F.O.B. DESTINATION, inside delivery, with ail delivery costs and charges included in the bid price, unless otherwise specified in this Formal Solicitation, Failure to do so may be cause for rejection of bid, 46. GRATUITIES. Bidders shall not offer any gratuities, favors, or anything of monetary value to any official, employee, contractor,or agent of the City, for the purpose of influencing consideration of this Bid. 47. INDEMNIFICATION. The successful Bidder shall indemnify and hold harmless the City and its officers, employees, agents and instrumentalities from any and all liability, losses or damages, Including attorney's fees and costs of defense, which the City or its officers, employees, agents or instrumentalities may incur as a result of claims, demands, suits, causes of actions or proceedings of any kind or nature arising out of, relating to or resulting from the performance of the agreement by the successful Bidder or its employees, agents, servants, partners, principals or subcontractors. The successful Bidder shall pay all claims and losses in connection therewith, and shall investigate and defend all claims, suits or actions of any kind or nature in the name of the City, where applicable, including appellate proceedings, and shall pay all costs, judgments, and attorney's fees which may be incurred thereon. The successful Bidder expressly understands and agrees that any insurance protection required by this Agreement or otherwise provided by the successful Bidder shall in no way limit the responsibility to indemnify, keep and save harmless and defend the City or its officers, employees, agents and instrumentalities as herein provided. The above indemnification provisions shall survive the expiration or termination of this Agreement. 48. INSPECTION, ACCEPTANCE & TITLE. Inspection and acceptance will be at destination, unless otherwise provided. Title to (or risk of loss or damage to) all items shall be the responsibility of the successful bidder until acceptance by the City, unless loss or damage results from the gross negligence or willful misconduct of the City. If any equipment or supplies supplied to the City are found to be defective, or do not conform to the specifications, the City reserves the right to cancel the order upon written notice to the seller, and return the product, at the bidder's expense. 49. LAWS, PERMITS AND REGULATIONS.The bidder shall obtain and pay for all licenses, permits, and inspection fees required under the contract; and shall comply with all Applicable Laws, 50. LEGAL REQUIREMENTS. The bidder shall be required to comply with all federal, State of Florida, Miami-Dade County, and City of Miami Beach codes, laws, ordinances, and/or rules and regulations that in any manner affect the items covered herein (collectively, Applicable Laws), Lack of knowledge or ignorance by the bidder with/of Applicable Laws will in no way be a cause for relief from responsibility, 51. LIABILITY, INSURANCE, LICENSES AND PERMITS. Where bidders are required to enter or go on to City of Miami Beach property to deliver materials or perform work or services as a result of the Bid, the bidder will assume the full duty, obligation and expense of obtaining all necessary licenses, permits, and insurance, and assure all work ITB 201 176 LR „,.Mr l 1_x,. G M AMI BEACH complies with all Applicable Laws, The bidder shall be liable for any damages or loss(to the City occasioned by negligence of the bidder, or his/her officers, employees, contractors, and/or agents, for failure to comply with Applicable Laws. 52. MANNER-OF PERFORMANCE. Bidder agrees to perform its duties and obligations in a professional manner and in accordance with all applicable Local, State, County, and Federal laws, rules, regulations and codes. Bidder agrees that the services provided shall be provided by employees that are educated, trained, experienced, certified, and licensed in all areas encompassed within their designated duties. Bidder agrees to furnish to the City any and all documentation, certification, authorization, license, permit, or registration currently required by applicable laws, rules, and regulations. Bidder further certifies that it and its employees will keep all licenses, permits, registrations, authorizations, or certifications required by applicable laws or regulations in full force and effect during the term of this contract. Failure of bidder to comply with this paragraph shall constitute a material breach of this contract. 53. MISTAKES. Bidders are expected to examine the specifications, delivery schedules, bid prices, and extensions, and all instructions pertaining to supplies and services. Failure to do so will be at the bidder's risk and may result in the bid being non-responsive. 54. MODIFICATION/WITHDRAWALS OF BIDS.A bidder may submit a modified bid to replace all or any portion of • a previously submitted bid up until the bid due date and time, Modifications received after the bid due date and time will NOT be considered. Bids shall be irrevocable until contract award unless withdrawn in writing prior to the bid due date or after expiration of 120 calendar days from the opening of bids without a contract award. Letters of withdrawal received after the bid due date and before said expiration date and letters of withdrawal received after contract award will NOT be considered. 55. NON-CONFORMANCE TO CONTRACT CONDITIONS. Items may be tested for compliance with specifications. Items delivered, not conforming to specifications, may be rejected and returned at the bidder's expense. These items, as well as items not delivered as per delivery date in bid and/or purchase order, may be purchased by the City, at its discretion, on the open market. Any increase in cost may-be charged against the bidder. Any violation of these stipulations may also result in the bidder's name being removed from the City's vendor list. 56. OPTIONAL CONTRACT USAGE. When the successful bidder(s) is in agreement, other units of government or non-profit agencies may participate in purchases pursuant to the award of this contract at the option of the unit of government or non-profit agency. 57. OSHA. The bidder warrants to the City that any work, services, supplies, materials or equipment supplied pursuant to this Bid shall conform in all respects to the standards set forth in the Occupational Safety and Health Act of 1970, as amended, and the failure to comply with this condition will be deemed breach of contract. Any fines levied because of inadequacies to comply with this condition shall be borne solely by the bidder. 58. PATENTS& ROYALTIES. The bidder shall indemnify and save harmless the City of Miami Beach, Florida, and its officers,,employees, contractors, and/or agents, from liability of any nature or kind, including cost and expenses for, or on account of, any copyrighted, patented, or unpatented invention, process, or article manufactured or used in the performance of the contract, including its use by the City of Miami Beach, Florida. If the bidder uses any design, device or materials covered by letters, patent, or copyright, it is mutually understood and agreed, without exception, that the bid prices shall include all royalties or cost arising from the use of such design, device, or materials in any way involved in the work. ITB 201 -176-LR 12 MIAMI BEACH 59. PAYMENT. Payment will be made by the City after the items have been received, inspected, and found to comply with Bid specifications, free of damage or defect, and properly invoiced. 60. PRICES QUOTED. Prices quoted shall remain firm and fixed during the duration of the contract. In completing the bid form, state both unit price and extended total, when requested. Prides 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 quotedwill govern. Ali prices must be F.O.B, destination, freight prepaid (unless otherwise stated in Special Conditions). The Bidder may offer cash discounts for prompt payments; however, such discounts will not be considered in determining the lowest price during bid evaluation. Bidders are requested to provide prompt payment terms•in the space provided on the Bid submittal signature page of the solicitation. Award, if made, will be in accordance with terms and conditions stated herein. Each item must be bid separately, and no attempt is to be made to tie any item or items in with any other item or items. Cash or quantity discounts offered will not be a consideration in determination of award of bid(s). 61. PRODUCT INFORMATION. Product literature, specifications, and technical information, including Manufacturer's Safety Data Sheets (MSDS) should be provided with this bid as an attachment to the "BID FORM". However, in all cases must be provided within five(5) calendar days upon request from Purchasing Agent. 62. REASONABLE ACCOMMODATION. In accordance with Title II of the Americans with Disabilities Act, any person requiring an accommodation at the Bid opening because of a disability must contact the Procurement - Division. 63. SAMPLES. Bids submitted as an "equal" product must be accompanied with detailed specifications. Samples of items, when required, must be furnished free of expense and, if not destroyed, will, upon request, be returned at the bidder's expense. Bidders will be responsible for the removal of all samples furnished within (30)calendar days after bid opening. All samples will be disposed of after thirty(30)calendar days. Each individual sample must be labeled with the bidder's name. Failure of the bidder to either deliver required samples, or to clearly identify samples may be reason for rejection of the bid. Unless otherwise indicated, samples should be delivered to the Procurement Division, 1700 Convention Center Drive, Miami Beach, FL 33139. 64. SPECIAL CONDITIONS. Any and all Special Conditions that may vary from these General Terms and Conditions shall have precedence. 65. SPOT MARKET PURCHASES. It is the intent of the City to purchase the items specifically listed in this Bid from the successful bidder, However, the City reserves the right to purchase the items from state or other governmental contract, or on an as-needed basis through the City's spot market purchase provisions. 66. SUBSTITUTIONS. After award of contract, the City WILL NOT accept substitute shipments of any kind, without previous written approval. The bidder is expected to furnish the brand quoted in its bid. Any substitute shipments will be returned at the bidder's expense, 67.TAXES.The City of Miami Beach is exempt from all Federal Excise and State taxes, 68. TIE BIDS. In accordance with Florida Statues Section 287.087, regarding identical tie bids, preference will be given to bidders certifying that they have implemented a drug free work place program. A certification form will be required. In the event of a continued tie between two or more bidders after consideration of the drug free workplace program, the City's Local Preference and Veteran Preference ordinances will dictate the manner by which a tie is to be resolved. In the event of a continued tie after the Local and Veteran Preference ordinances have been applied or the tie exists between bidders that are not Local or Veteran, the breaking of the tie shall be at the City Manager's IT: 2014-176-LR 13 MIAMIBEACH • discretion, which will make a recommendation for award to the City Commission, 69. TERMINATION FOR DEFAULT. If the successful bidder shall fail to fulfill in a timely manner, or otherwise violate, any of the covenants, agreements, or stipulations material to the Bid and/or the contract entered into with the City pursuant thereto, the City shall thereupon have the right to terminate the work and/or services then remaining to be performed by giving written notice to the bidder of such termination, which shall become effective upon receipt by the bidder of the written termination notice. In that event, the City shall compensate the successful bidder in accordance with the term of the contract for all work and/or services satisfactorily performed by the bidder prior to termination, net of any costs incurred by the City as a consequence of the default. Notwithstanding the above, the successful bidder shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of the contract by the bidder, and the City may reasonably withhold payments to the successful bidder for the purposes of set off until such time as the exact amount of damages due the City from the successful bidder is determined. The City may, at its discretion, provide reasonable"cure period"for any contractual violation prior to termination of the contract;should the successful bidder fail to take the corrective action specified in the City's notice of default within the allotted cure period, then the City may proceed to terminate the contract for cause in accordance with this subsection 1.57. 70. TERMINATION FOR CONVENIENCE OF CITY. The City may, for its convenience, terminate the work and/or services then remaining to be performed, at any time, by giving written notice to the successful bidder of such termination, which shall become effective thirty(30) days following receipt by bidder of such notice. In that event, all finished or unfinished documents and other materials shall be properly delivered to the City. If the contract is terminated by the City as provided in this subsection,the City shall compensate the successful bidder in accordance with the terms of the contract for all and without cause and/or any resulting liability to the City, work and/or services actually performed by the successful bidder, and shall also compensate the bidder for its reasonable direct costs in assembling and delivering to City all documents. No compensation shall be due to the successful bidder for any profits that the successful bidder expected to earn on the balanced of the contract, Such payments shall be the total extent of the City's liability to the successful bidder upon a termination as provided for in,this subsection. 71. UNDERWRITERS' LABORATORIES. Unless otherwise stipulated in the Bid, all manufactured items and fabricated assemblies shall be U.L. listed or re-examination listing where such has been established by U.L. for the item(s) offered and furnished, 1 I eA MIAMI 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. The following information should be clearly marked on the face of the envelope or container in which the bid is submitted: Bid Number, Bid Title, Bidder's Name, and Bidder's Return Address. Bids received electronically, either through email or facsimile, are not acceptable and will be rejected. 2. BID PROPOSAL. The Bid Proposal Is to include the following: • TAB 1 - Bid Tender Form (Appendix A). The Bid Tender Form (Section 5) shall be completed mechanically or, if manually, in ink. Bid Price Forms (Section 5) completed in pencil shall be deemed non- responsive.All corrections on the Bid Price Form (Section 5)shall be initialed. • TAB 2- Bid Certification, Questionnaire and Affidavits (Appendix B). 2. LATE BIDS. Bid Proposals are to be received on or before the due date established herein for the receipt of Bids. Any Bid received after the deadline established for receipt of proposals will be considered late and not be accepted or will be returned to Proposer unopened. The City does not accept responsibility for any delays, natural or otherwise. ITB 2014-176-LR 1.5 r 1 1 { I ' APPENDIX "A" MIAMI, C k i Proposal Certification , Questionnaire Requirements Affidavit ITB 201417.6-LR RENTAL OF VEHICLES DEPARTMENT OF PROCUREMENT MANAGEMENT • '1700 Convention Center Drive • Miami Beach, Florida 33139 • • • I , Solicitation No: Solicitation Title: 2014-176-LR Rental of Vehicles Procurement Contact: Tel: Email: 1 Lourdes Rodriguez 305,673.7000 X 6652 LourdesRodriguez�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: .— / � • r 106.01C 1 No of Years in B inns f Q�S I I No of Years in Businesstocally: • / 31 Pd OTHER NAME(S)PROPOSER HAS OPERATED UNDER IN THE LAST 10 YEARS: FIRM PRIMARY ADDRESS(HEADQUARTERS);6007a ra /gyp(7j A�I Jv CITY: 50,4 2 /40,5 t� fl STATE: A/I'110evr",} � ZIP CODE: 2/� TELEPHONE NO.:(31 1 6-7g 00 TOLL FREE NO.: /73 6—8.7d,; FAX NO.: (v / cT FIRM LOCAL ADDRESS: ////M J C.`n/ / th 'err. CITY: f�f)),ON STATE: /7L{iG`d I ZIP CODE: 33/ f PRIMARY ACCOUNT REPRESENTATIVE FOR THIS ENGAGEMENT: Op{Q 9— L. ? Z,171, ACCOUNT REP TELEPHONE NO.' KO 93/-1f6-71/ Om-) a78-„)9a1 ACCOUNT REP TOLL FREE NO.: ACCOUNT REP EMAIL: r L , e(.�uzI�irt e- epi,. Gore 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. _ • Miami Beach ITB 2014.176-LR Appendix A—Pagel 1 • 1, Miami Beach Based(Local Ve or.Is Proposer claiming Miami Beach based firm status? YES NO SUBMITTAL REQUIREMENT:Proposers claiming Miami Beach vendor status shall submit a Business Tax Receipt issued by the City of Miami Beach and the proof of residency requirement,as required pursuant to ordinance 2011-3747,to demonstrate that the Proposer is a Miami Beach Based Vendor, 2. Veteran Owned Business.Is Pro oser claiming a vet n owned business status? OYES 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. 4, Financial Capacity. Proposers shall submit a Dun &Bradstreet Duns Number(D-U-N-S#). The City may request one or more D&B reports to assess proposer's financial capacity or may request other information(e.g.,audited and other financial statements) after proposal submittal in order to assess financial capacity.If firm is not currently registered at D&B,contact D&B at 1-800-234- 3867 to register your company. SUBMITTAL REQUIREMENT:Proposer shall submit Dun&Bradstreet Report. 5, Litigation History. Proposer shall submit a statement of any litigation or regulatory action that has been filed against your firm(s) in the last five years, If an action has been filed,state and describe the litigation or regulatory action filed,and identify the court or agency before which the action was instituted,the applicable case or file number, and the status or disposition for such reported action. If no litigation or regulatory action has been filed against your firm(s), provide a statement to that effect,If"No"litigation or regulatory action has been filed against your firm(s),please provide a statement to that effect.Truthful and complete answers to this question may not necessarily disqualify a firm from consideration but will be a factor in the selection process. Untruthful,misleading or false answers to this question shall result in the disqualification of the firm for this project. SUBMITTAL REQUIREMENT: Proposer shall submit history of litigation or regulatory action filed against proposer, or any proposer team member firm,in the past 5 years.If Proposer has no litigation history or regulatory action in the past 5 years,submit a statement accordingly. 6. Conflict Of Interest.All Proposers must disclose,in their Proposal,the name(s)of any officer,director,agent,or immediate family member(spouse, parent, sibling, and child)who is also an employee of the City of Miami Beach. Further; all Proposers must disclose the name of any City employee who owns, either directly or Indirectly, an interest of ten (10%) percent or more in the Proposer entity or any of its affiliates. SUBMITTAL REQUIREMENT: Proposers must disclose the name(s)of any officer,director, agent,or immediate family member (spouse,parent,sibling,and child)who is also an employee of the City of Miami Beach. Proposers must also disclose the name of any City employee who owns,either directly or indirectly,an interest of ten(10%)percent or more in the Proposer entity or any of its affiliates. 7. References&Past Performance.Proposer shall submit at least three(3)references for whom the Proposer has completed work similar in size and nature as the work referenced in solicitation. SUBMITTAL REQUIREMENT: For each reference submitted, the following information is required: 1) Firm Name, 2) Contact Individual Name&Title,3)Address,4)Telephone,5)Contact's Email and 6)Narrative on Scope of Services Provided. 8. 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 anis 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). • Miami Beach ITB 2014-176-LR Appendix A—Page 2 9. Vendor Campaign Contributions. Proposers are expected to be or become familiar with,the City's Campaign Finance Reform laws, as codified in Sections 2-487 through 2-490 of the City Code. Proposers shall be solely responsible for ensuring that all applicable provisions of the City's Campaign Finance Reform laws are complied with,and shall be subject to any and all sanctions, as prescribed therein,including disqualification of their Proposals,in the event of such non-compliance. SUBMITTAL REQUIREMENT: Submit the names of all individuals or entities(including your sub-consultants)with a controlling financial interest as defined in solicitation.For each individual or entity with a controlling financial interest Indicate whether or not each individual or entity has contributed to the campaign either directly or indirectly, of a candidate who has been elected to the office of Mayor or City Commissioner for the'City of Miami Beach. 10, Code of Business Ethics. Pursuant to City Resolution No.2000-23879,each person or entity that seeks to do business with the City shall adopt a Code of Business Ethics("Code")and submit that Code to the Procurement Division with its proposal/response or within five (5)days upon receipt of request.The Code shall,at a minimum,require the Proposer,to comply with all applicable governmental rules and regulations including, among others, the conflict of interest, lobbying and ethics provision of the City of Miami Beach and Miami Dade County. SUBMITTAL REQUIREMENT: Proposer shall submit firm's Code of Business Ethics. In lieu of submitting Code of Business Ethics,Proposer may submit a statement indicating that It will adopt,as required in the ordinance,the City of Miami Beach Code of Ethics,available at www,mlamlbeachfl.gov/procurement/. • 11. Living Wage. Pursuant to Section 2-408 of the Miami Beach City Code,as same may be amended from time to time,Proposers shall be required to pay all employees who provide services pursuant to this Agreement,the hourly living wage rates listed below: • Commencing with City fiscal year 2012-13(October 1,2012),the hourly living rate will be$11.28/hr with health benefits,and$12.92/hr without benefits. The living wage rate and health care benefits rate may, by Resolution of the City Commission be indexed annually for inflation using the Consumer Price Index for all Urban Consumers(CPI-U)Miami/Ft.Lauderdale,issued by the U.S.Department of Labor's Bureau of Labor Statistics. Notwithstanding the preceding,no annual index shall exceed three percent(3%).The City may also,by resolution,elect not to index the living wage rate in any particular year,if it determines it would not be fiscally sound to implement, same(in a particular year). Proposers'failure to comply with this provision shall be deemed a material breach under this proposal, under which the City may, at its sole option, immediately deem said Proposer as non-responsive, and may further subject Proposer to additional penalties and fines,as provided in the City's Living Wage Ordinance,as attended, Further Information on the Living Wage requirement is available at www,miamibeachfLgov/procurementl. SUBMITTAL REQUIREMENT:No additional submittal is required,By virtue of executing this affidavit document,Proposer agrees to the living wage requirement. 12. Equal Benefits for Employees with Spouses and Employees with Domestic Partners.When awarding competitively solicited contracts valued at over$100,000 whose contractors maintain 51 or more full time employees on their payrolls during 20 or more calendar work weeks,the Equal Benefits for Domestic Partners Ordinance 2005-3494 requires certain contractors doing business with the City of Miami Beach,who are awarded a contract pursuant to competitive proposals,to provide"Equal Benefits"to their employees with domestic partners, as they provide to employees with spouses. The Ordinance applies to all employees of a Contractor who work within the City limits of the City of Miami Beach,Florida;and the Contractor's employees located in the United States, but outside of the City of Miami Beach limits, who are directly performing work on the contract within the City of Miami Beach. A. Does your company provide or offer__acca.�s to any benefits to employees with spouses or to spouses of employees? —r7� YES NO B, Does your company provide or offer acces to any benefits to employees with(same or opposite sex)domestic partners*or to domestic partners of employees? YES NO _ I Miami Beach ITB 2014-176-LR Appendix A—Page 3 • 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 Spays . Domestic Partfiers Health ✓ �� Sick Leave Family Medical Leave Bereavement Leave 7 If Proposer cannot offer a benefit to domestic partners because of reasons outside your control, (e.g., there are no insurance • providers in your area willing to offer domestic partner coverage)you may be eligible for Reasonable Measures compliance. To comply on this basis, you must agree to pay a cash equivalent and submit a completed Reasonable Measures Application (attached)with all necessary documentation,Your Reasonable Measures Application will be reviewed for consideration by the City Manager,or his designee.Approval is not guaranteed and the City Manager's decision is final.Further information on the Equal Benefits requirement is available at www.miamlbeachfLgov/procurement!, 13. Public Entity Crimes.Section 287.133(2)(a),Florida Statutes,as currently enacted or as amended from time to time,states that a person or affiliate who has been placed on the convicted vendor fist 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 forthe construction or repair of a public building or public work;may not submit proposals,proposals,or replies on leases of real property to a public entity;may not be awarded or perform work as a contractor, supplier,subcontractor,or consultant under a contract with any public entity;and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list. SUBMITTAL REQUIREMENT:No additional submittal is required. By virtue of executing this affidavit document, Proposer agrees with the requirements of Section 287.133,Florida Statutes,and certifies it has not been placed on convicted vendor list. 14. Acknowledgement of Addendum. After issuance of solicitation,the City may release one or more addendum to the solicitation -which may provide additional information to.Proposers or alter solicitation requirements, The City will strive to reach every Proposer having received solicitation through the City's e-procurement system, PublicPurchase.com. However, Proposers are solely responsible for assuring they have received any and all addendum issued pursuant to solicitation.This Acknowledgement of Addendum section certifies that the Proposer has received all addendum released by the City pursuant to this solicitation.Failure to obtain and acknowledge receipt of all addendum may result in proposal disqualification. Initial to Confirm Initial to Confirm Initial to Confirm Receipt Receipt Receipt ' Addendum 1 Addendum 6 Addendum 11 _ Addendum 2 Addendum 7 Addendum 12 Addendum 3 Addendum 8 Addendum 13 _ Addendum 4 Addendum 9 Addendum 14 Addendum 5 Addendum 10 Addendum 15 If additional confirmation ofaddendum is required,submit under separate cover. • • i Miami Beach ITB 2014-176-LR Appendix A—Page 4 ,',,r DISCLO,SURE NEY DISCLAINIERSECTIO.N,,:y The solicitation referenced herein is being furnished to the recipient by the City of Miami Beach(the"City")for the recipient's convenience, Any action taken by the City in response to Proposals made pursuant to this solicitation,or in making any award,or in failing or refusing to make any award pursuant to such Proposals, or in cancelling awards, or in withdrawing or cancelling this solicitation,either before or after issuance of an award,shall be without any liability or obligation on the part of the City. In its sole discretion, the City may withdraw the solicitation either before or after receiving proposals, may accept or reject proposals, and may accept proposals which deviate from the solicitation,as it deems appropriate and in its best interest. In its sole discretion,the City may determine the qualifications and acceptability of any party or parties submitting Proposals in response to this solicitation. Following submission of a Bid or Proposal, the applicant agrees to deliver such further details, information and assurances, including financial and disclosure data, relating to the Proposal and the applicant Including, without limitation, the applicant's affiliates, officers, directors,shareholders,partners and employees,as requested by the City in its discretion, The information contained herein is provided solely for the convenience of prospective Proposers. It is the responsibility of the recipient to assure itself that information contained herein is accurate and complete.The City does not provide any assurances as to the accuracy of any information in this solicitation. Any reliance on these contents,or on any permitted communications with City officials,shall be at the recipient's own risk.Proposers should rely exclusively on their own investigations,interpretations, and analyses.The solicitation is being provided by the City without any warranty or representation, express or implied,as to its content,Its accuracy,or its completeness.No warranty or representation is made by the City or its agents that any Proposal conforming to these requirements will be selected for consideration,negotiation,or approval, The City shall have no obligation or liability with respect to this solicitation,the selection and the award process,or whether any award will be made.Any recipient of this solicitation who responds hereto fully acknowledges all the provisions of this Disclosure and Disclaimer,is totally relying on this Disclosure and Disclaimer,and agrees to be bound by the terms hereof.Any Proposals submitted to the City pursuant to this solicitation are submitted at the sole risk and responsibility of the party submitting such Proposal. This solicitation is made subject to correction of errors,omissions,or withdrawal from the market without notice. Information is for guidance only,and does not constitute all or any part of an agreement. The City and all Proposers will be bound only as, if and when a Proposal (or Proposals), as same may be modified, and the applicable definitive agreements pertaining thereto, are approved and executed by the parties, and then only pursuant to the terms of the definitive agreements executed among the parties.Any response to this solicitation may be accepted or rejected by the City for any reason,or for no reason,without any resultant liability to the City. The City is governed by the Government-in-the-Sunshine Law,and all Proposals and supporting documents shall be subject to disclosure as required by such law, All Proposals shall be submitted in sealed proposal form and shall remain confidential to the extent permitted by Florida Statutes,until the date and time selected for opening the responses,At that time, all documents received by the City shall become public records. Proposers are expected to make all disclosures and declarations as requested in this solicitation.By submission of a Proposal,the Proposer acknowledges and agrees that the City has the right to make any inquiry or investigation it deems appropriate to substantiate or supplement information contained in the Proposal,and authorizes the release to the City of any and all information sought in such inquiry or investigation. Each Proposer certifies that the information contained in the Proposal is true, accurate and complete, to the best of its knowledge, information,and belief. Notwithstanding the foregoing or anything contained in the solicitation,all Proposers agree that in the event of a final unappealable judgment by a court of competent jurisdiction which imposes on the City any liability arising out of this solicitation, or any response thereto, or any action or inaction by the City with respect thereto, such liability shall be limited to$10,000.00 as agreed-upon and liquidated damages.The previous sentence, however, shall not be construed to circumvent any of the other provisions of this Disclosure and Disclaimer which imposes no liability on the City. In the event of any differences in language between this Disclosure and Disclaimer and the balance of the solicitation,it is understood that the provisions of this Disclosure and Disclaimer shall always govern. The solicitation and any disputes arising from the solicitation shall be governed by and construed in accordance with the laws of the State of Florida. Miami Beach ITB 2014.176-LR Appendix A—Page 5 t ( ,g,,,,.:!<,..•%.,!, - 7', ,-,',•'3.•-' °, _ .;., k PROPOSER CPRTIFICaTIOiV ;. 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 Authorizedr� Representative: Title of Proposer's Authorized Representative:,, re L'' rr C?u dI� i'PA ��/e i`z�hG CJS Slgnatur �f foposersAut ti d Representative: Date: , ..,:/—tyir ,--- .....--- ----------L.. 3Hge PI6 State of FLORIDA ) On this ig day of march,20Ihersonally ) appeared before me€ntse 14/Ina who County of 11)1aT 1 t a de) stated that (s)he is the area Sa/tf PIS of errferprlSp , a corporation, and that the instrument was signed in behalf of the said corporation by authority of its board of directors and ackpledged said instrument to be its voluntary act and deed.Before me: / / / ry Pub 1 Ke 'tate of 2 ' peI M ssion Expires: . 014o DENISE MARTIN IRVINE *` # MY COMMISSION#EE 104837 t.atiA'', EXPIRES:August 9,205 '4p,ovvt, Bonded INu Budget Mel'Mioe9 Miami Beach ITB 2014-176-LR Appendix A—Page 6 1 } APPENDIX B • _ " No Bid " Form ,, • ITB 2014- 176-LR RENTAL OF VEHIC•LES i • ! DEPARTMENT OF PROCUREMENT MANAGEMENT ! 1700 Convention Center Drive Miami Beach, Florida 33139 i i -11111, Itifie .4,:i k� gY, , n YY M- , ad � 1 t M'? 1 + s _ .v � -#+ i�kr/� * g r. �ykam - 3zw5�. . 'y2' l y :y "'`3Pkti + 1� .r ' .AV -4 �:� ht 1e � i� . , Y �i . s .vgi i. . 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 . r _Unable to meet insurance requirements _Do not offer this product/service _OTHER. (Please specify) H , We do_do not_want to be retained on your mailing list for future proposals of this type product and/or service. Signature: Title: Legal Company Name: Note: Failure to respond, either by submitting a proposal or this completed form, may result in your company being removed from our vendors list. PLEASE RETURN TO: CITY OF MIAMI BEACH DEPT. OF PROCUREMENT MANAGEMENT ATTN: Lourdes Rodriguez BID#: 2014-176-LR 1700 Convention Center Drive MIAMI BEACH, FL 33139 Miami Beach ITB 2014-176-LR Appendix B—Page 1 APPENDIX C '44 MIAMI ! �, •• EACH Minimum Requirements Specifications ITB 2014-176-LR RENTAL OF VEHICLES DEPARTMENT OF PROCUREMENT MANAGEMENT . 1700 Convention Center Drive Miami Beach, Florida 33139 , 1 1 1 Cl. • • Minimum Requirements. The Minimum Eligibility Requirements for this solicitation are listed below, Proposer shall submit detailed verifiable information affirmatively documenting compliance with each minimum requirement. Proposers that fail to comply with minimum requirements will be deemed non-responsive and will not be considered. 1. Bids will only be considered from firms that are regularly engaged in the business of providing goods and services as described in this Bid for a minimum of three(3) years, 2. Bidder must list at least one (1) governmental agency currently being serviced by the bidder and provide a contact name and phone number for verification. C2.Statement of Work Required. The purpose of this ITB is to establish a contract, by means of sealed bids, with a qualified firm(s) to provide approximately thirty-three (33) rental vehicles annually for the City of Miami Beach, in accordance with the prescribed specifications and requirements. Interested vendors are invited to submit bids in response to this ITB. C3,Specifications VEHICLE SPECIFICATIONS The vehicles shall be late models with low mileage, neat and clean in appearance, and in good operating condition, complete with air conditioning, automatic transmission, AM/FM radio, ABS brakes, power windows, power door locks and power steering. There will be no mileage charges, or rental charges of any nature except for refueling charges allowed on any rental. The selection of vehicles will be classified into groups for pricing purposes. From these groups, the City may choose the vehicle most suited for their line of work, The City is requesting rental rates for the different classes listed in Section 5.0 Bid Price Form. TYPE Vehicles shall be categorized as mid-size sedans, full size sedans, full size luxury sedan, mini- passenger van, pick-up trucks, sport utility vehicles and cargo vans. Bidders must submit bids to include each of the categories listed and specify the made/models/year to be supplied to the City. What you list will be required,as a minimum,to provide to the City. Selected manufacturer's names, brand names and models are used in these specifications for the purpose of establishing a minimum requirement for level of quality, standards of performance and designed required for vehicles to be used and are in no way intended to prohibit the bidding of other manufacturer's vehicles of equal quality, unless otherwise indicated. Mid-size sedans: Toyota Camry, Nissan Maxima, Buick Regal, Chrysler 200,Chevrolet Malibu Full size sedans: Ford Crown Victoria, Buick LeSabre, Dodge Charger, Toyota Avalon, Chrysler 300,Buick La Crosse Full size luxury: Cadillac, Lincoln Mini-passenger vans: Dodge Grand Caravan, Chrysler Town & Country, Toyota Sienna, Nissan Quest Miami Beach ITB 2014-176-LR Appendix C—Page 9 • Pick-up trucks: Ford F150, Chevy Silverado, Toyota Tundra Sport utility vehicles: Buick Enclave, Chevrolet Blazer, Ford Explorer, Dodge Grand Caravan, Chevrolet Equinox Mini-cargo vans: Ford Econoline, Ford Aerostar, Chevrolet Astro MILEAGE LIMITATIONS There will be no mileage charges added to this contract. Any vehicle approaching the maximum mileage limitation of 30,000 miles will be returned by the City and a replacement vehicle shall be issued by the Successful Bidder. VEHICLE PICKUP LOCATIONS Successful Bidder(s) shall make available multiple secure rental locations for vehicle pickup/exchanges within Miami-Dade and Broward Counties, One local site shall be Successful Bidder(s) largest supply base in Miami-Dade County, i.e, Miami International Airport.(Intermodal Center), and in Broward County, i.e., Ft. Lauderdale International Airport, with no less than two locations per county. If a location(s)is/are closed or made unavailable for any unforeseen reason, Successful Bidder(s) is to notify the City immediately„ The City and the Successful Bidder(s) may secure together another site to be made available for City use. Bidder(s) are required to list and attach to your bid submittal all sites available for pick-up/drop off and exchanges. VEHICLE USE AND CONFIDENTIALITY The vehicles rented under this contract are intended for undercover investigation, operation and surveillance. It is understood that a situation may occur outside the control of either the City of Miami Beach or the Successful Bidder which may require emergency use of the vehicle, The Successful Bidder, knowing the nature of the use of these vehicles, shall be fully aware of the requirement for confidentiality, and shall not divulge under any circumstances the identity or rental information regarding the rental of said vehicle to anyone other than the Contract Administrator assigned by the City. MAINTENANCE The Successful Bidder maintenance facility shall be located within the Miami-Dade or Broward County area. Facility shall be available for complete regular maintenance of rental vehicles, excluding purchase of gas. The Successful Bidder shall state the days of the week and business hours that such maintenance and/or replacement services are available and shall state the name, location and business hours of such locations other than the bidder's premises where such services are available. Miami Beach ITS 2014-176-LR Appendix C—Page 2 Regular maintenance shall include, but is not limited to: engine tune-ups;tire checks, rotations and replacement where required; replace/fix flat tires, as needed; battery checks, charges and replacement as needed; oil changes and lubrications; and all service and/or repairs necessary for the continuous proper operation of the vehicles. The Successful Bidder shall stipulate in writing (at the beginning of the rental period) the time periods or mileage intervals the vehicles are due for preventive maintenance. EXCHANGE When a vehicle is out of service due to mechanical breakdown, repairs, accident, preventive maintenance, or any other reason that is not due to any fault or negligence of the City, the Successful Bidder shall furnish a replacement vehicle of equal class within one (1) hour. When a replacement vehicle is not available within one(1) hour, an upgrade vehicle must be supplied at no additional charge to the City. The Successful Bidder shall provide upon request, a replacement vehicle once a vehicle has been exposed of its undercover status. These vehicles are referred to as "burned" or"hot" and can no longer be utilized effectively. The Successful Bidder shall furnish a replacement vehicle within one ,(1) hour regardless of inventory or stock deficiencies. A pro-rated daily rental charge (1/30 of the monthly charge) shall be deducted from the monthly ' payments for any vehicle out of service for which no adequate replacement is provided for each day, or portion thereof exceeding 8 hours, that no adequate replacement is provided. The City at its sole discretion will determine which vehicle is considered as an adequate replacement. Should the City need to turn in a vehicle for any reason before the complete rental month, the Successful Bidder shall invoice on a pro-rated basis. The pro-rated basis will be determined by the monthly contract/bid rate. EXAMPLE Monthly contract/bid rate of$600=$20 per day x 30 days. Vehicle used for 15 days. $20 per day x 15 days=$300 for the use of that vehicle. RENTAL REQUIREMENTS The Successful Bidder will furnish the City of Miami Beach a statement of procedures which should be followed by the user of the rental vehicle when they experience a mechanical or other problem with the rental vehicles. The Successful Bidder shall avoid placing demands on the City of Miami Beach, which results in lost productive work time for the user of the vehicle, Miami Beach ITB 2014-176-LR Appendix C—Page 3 • The Successful Bidder must provide a minimum of 48 hours to the Contract Administrator or designee, when they require a rental vehicle to be exchange for another vehicle. DELIVERY A replacement vehicle shall be provided within the shortest time possible, not to exceed one (1) hour upon notification. When a replacement vehicle is not available within one (1) hour, an upgrade vehicle will be supplied at no additional cost to the City. Successful Bidder shall provide a required maintenance schedule for each vehicle within 24 hours upon delivery. The vehicle shall be completely serviced and ready for operation. MODIFICATION OFVEHICLES The City may,at its own expense have the windows of any rented vehicle tinted. No charge will be levied on the City for the removal of such tinting at any time. The City may at its own expense install any electronics equipment it may deem necessary, providing said installations shall cause no permanent damage to the vehicles(s), (i.e, holes in sheet metal or dashboard area of car). ACCEPTANCE The vehicles shall be maintained and delivered to the City in excellent condition. If a vehicle does not meet the conditions as set forth in the Technical Specifications,the vehicle shall be returned to the Successful Bidder in exchange for a suitable vehicle. ADVERTISING No emblem, logo, tag or other device or design promoting the contracting firm may be affixed in any manner to any vehicle furnished under this contract, except for emblems installed by • manufacturer indentifying manufacturer and model. • • REFUELING The Successful Bidder(s)shall absorb refueling costs of a returned vehicle under two (2)gallons. • Miami Beach -ITB 2014-176-LR Appendix C—Page 4 APPENDIX D MfAMHEACH Special Conditions ITB 2014- 176-LR RENTAL OF VEHICLES • DEPARTMENT OF PROCUREMENT MANAGEMENT 1700 Convention Center Drive Miami Beach, Florida 33139 1 • i q I } 1. TERM OF CONTRACT,The Contract shall commence upon the date of notice of award and shall be effective for three(3)years. 2. OPTIONS TO RENEW. The City, through its City Manager, will have the option to extend for two (2) additional one (1) year periods, subject to the availability of funds for succeeding fiscal years. 3. PRICES SHALL BE FIXED AND FIRM: All prices quoted in the awardee's bid submittal shall remain firm and fixed, unless amended in writing by the City. 3.1 COST ESCALATION. Prices must be held firm during the initial term of the agreement. During the renewal term, the City may consider prices increases not to increase the applicable Bureau of Labor Statistics(www.bls.gov) CPI-U index or 3%, whichever is less. The City may also consider increases based on mandated Living Wage increases, In considering cost escalation due to Living Wage increases, the City will only consider the direct costs related to Living Wage increases, exclusive of overhead, profit or any other related cost. 4. EXAMINATION OF FACILITIES. INTENTIONALLY OMMITTED. 5. PERFORMANCE BOND. INTENTIONALLY OMMITTED. 6. REQUIRED CERTIFICATIONS. INTENTIONALLY OMMITTED. • 7. SHIPPING TERMS. INTENTIONALLY OMMITTED. 8. DELIVERY REQUIREMENTS.Vehicles will be picked up by the designated City personnel at the successful Bidder(s)facility. 9. WARRANTY REQUIREMENTS. INTENTIONALLY OMMITTED. 10. BACKGROUND CHECKS. INTENTIONALLY OMMITTED. 11. METHOD OF PAYMENT. Invoices for payment will be submitted upon receipt and acceptance of goods and/or services ordered via a Purchase Order. No down or partial down payment will be made. Invoices will be subject to verification and approval of the Police Department. 12. TOLLS AND MOVING VIOLATIONS: Successful Bidder is not to pay any toll or red light violations. Successful Bidder is to provide notice of these toll or red light violations to the appropriate Contract Administrator for their follow-up. The City of Miami Beach will address these violations and provide a response to the Successful Bidder with proof of the action taken. If Successful Bidder chooses to pay the summons/citations, the City of Miami Beach will not reimburse the Successful Bidder for the expense incurred. Miami Beach ITB 2014-176-LR Appendix D-.Pagel APPENDIX E s 4d'S MlA/VEA ,^ Cost Proposal Form ITB 2014- 176-LR RENTAL OF VEHICLES DEPARTMENT OF PROCUREMENT MANAGEMENT 1700 Convention Center Drive Miami Beach, Florida 33139 i s APPENDIX A PROPOSAL TENDER FORM Failure to submit Section:5,Bid Price Form,in its entirety and fully executed by the;deadline established for the` '2•;:s recei i tof`'Yo I orals willresultin 'ro''osal beiri'deemed,non,re`s t onsive;and bein i're ected. Bidder affirms that the prices stated on the proposal price form below represents the entire cost of the items in full accordance with the requirements of this ITB, inclusive of its terms, conditions, specifications and other requirements stated ,herein, and that no claim will be made on account of any increase in wage scales, material prices,delivery delays,taxes, insurance,cost indexes or any other unless a cost escalation provision is allowed herein and has been exercised by the City Manager in advance. The Bid Price Form (Section 5) shall be completed mechanically or, if manually, in ink. Bid Price Forms (Section 5) completed in pencil shall be deemed non-responsive.All corrections on the Bid Price Form(Section 5)shall be initialed. Description-Make and Model *Number Vehicle (list examples of vehicles in this Cost per of Total Item Class class)nnMonth Months Annual Cost QTY Annual Cost 1 Mid-Size M.i, a,7 , ///Mel $ 7 7,5 ca X12 $ CUd.du X5 $ 3i3ii'U&, " a rys ler a40 Ghev y "/o/'6 ti 2 Full-Size Ford IS/644 $ 6a6•4Ln X12 $ /! 7�U,`C x S $ 36—ed. T ylolzi camp/ fedy (A0 r9 e 3 Luxury 1/Ia& . eI'ii $ P0 d4 X 12 $ 9)r� .40 x 1 $ 9 0�c Lnedlel edem ZnA'aiA' 63 7 Mini- 4 pd° oct6eraver') $ ��FD. an6 X 12 $ 760'6' x 1 $ 7la�D°o C 'ry4k1- Town f" Col/4/rt ro ye c s,ennm 1 Pick-up (J/ de 5 Truck Ded ge 40+'r] $ 676'. X 12 $ o�l Qf�. X 5 $ 1 �UU• Clievl 5,'I ve roi Jo Ford' F /5-0 Miami Beach ITB 2014-176-LR Appendix E-Page 1 Sport Utility �D 6 Vehicle _nm QAftnr $04-.6' X 12 $ X10 $ dd toes G. rt,flee Car7 Vano d etl 62OM /;i( $'75.5`°d X 12 $ a,GU(69 x3 $ C9 Svt7,ea Grand Total $ag�l dad. cox *There is no guarantee or minimum length of time for the rental of vehicles. Company: n' rfJ7" 2 (- 4511 CQr,t i/ a 1 f/©ri'r/a) fes..6 Authorized Representtatih: / ' f ( 6u r 4.7 n { Address: 1/99,5p _.5,mlQfh r''r �Mri r� 33m&Telephone: Cgq) 9/—f74-7q q 78 a 9a I I Email: Citi Z Mari ft G!J/'�7�i, Authorized Representativ Signature: l ' Miami Beach ITB 2014-176-LR Appendix E–Page 2 Rental/Lease of Vehicles for the City of Miami .Beach ITB No. 51-08-09 Company Name r {L ' .1 �1✓ 'S �� P r1 ' We propose the following listed rental/lease rates for the various classes listed below to the City of Miami Beach in accordance with the Bid Specifications for the Vehicle Rental/Lease Services for the City of Miami Beach. We understand the quantities that are listed are subject to change without advanced notice.The rates.proposed are as follows: (A/N=As Needed Basis) Total ITEM Est Vehicle Description-Make and Model • Cost X Annual- X Annual • Qty Class (list examples of vehicles In this class) per Month 12 Cost QTY Cost fly ¢0 00 1 7 Mid-size Ti O1)G-, •fC`1 t�Cs' Goo x121 ,a }Q 7 0 - • CA-V01 ( 114e Co AO f iecU fit) S 2 7. Full-size 'Doi OA pia 7".1,..) 1'0 X 12 ri to?�O'7 S 551 Y V7 p 2 1 Full-size (,.(tFi,t�t„ni --(JO IJGtt f?� 0��J X 12 -4,La 0-' 1 $ 411 (RL1 (2:21 , • A/N (Luxury) car Df\,L>, `dT- • n i 4 1 Passenger 'a 61(2/1 IS (A-0M ) G-f Opo X 12 1 $4, 6x A/N Van & -( U72 'WON &CoU N+0' (7 pass) .. '1' `01A SlgiJf - a� z 1 Passenger `` (�I SSS G5-0 -- X12 /,tion 1 $ q 1 g0Q NN Van 'PIs 0 GAt (15 pass) • • APPENDIX F ,L.Z- MIAMI BEAC • Insurance Requirements • ITB 2014- 176-LR RENTAL OF VEHICLES • 1 DEPARTMENT OF PROCUREMENT MANAGEMENT 1700 Convention Center Drive Miami Beach, Florida 33139 S; AAA EAC H INSURANCE REQUIREMENTS THE CITY OF MIAMI BEACH SHALL ASSUME RESPONSIBILITY FOR THE AUTO LIABILITY AND PHYSICAL DAMAGE THROUGH ITS SELF INSURANCE-PROGRAM SUBJECT TO THE LIMITS AND PROVISIONS OF FLORIDA STATE STATUTES 768.28, ANY CLAIMS FOR PHYSICAL DAMAGE TO THE RENTAL VEHICLES MUST BE SUBMITTED IN WRITING TO THE CITY OF MIAMI BEACH RISK MANAGER. CLAIMS OF DAMAGE FROM CONTRACTOR WILL BE CONSIDERED BY THE CITY'S RISK MANAGER ONLY IF DOCUMENTED AT THE TIME OF RETURN OF VEHICLE, • ' I • I � I Miami Beach ITB 2014-176-LR Appendix F—Page 1 INVITATION TO BID (ITB) RENTAL OF VEHICLES 2019-035-AG BID ISSUANCE DATE: OCTOBER 11, 2018 BID DUE: OCTOBER 25, 2018 @ 3:00 PM ISSUED BY: MIAMIBEACH ALIAN GONZALEZ, CONTRACT COMPLIANCE ADMINISTRATOR PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3rd Floor, Miami Beach, FL 33139 305.673.7000 x 6799 I aliangonzalez@miamibeachfl.gov I www.miamibeachfl.gov MIAMI BEACH; - TABLE OF CONTENTS SOLICITATION SECTIONS: PAGE 0100 NOT UTILIZED N/A 0200 INSTRUCTIONS TO BIDDERS &GENERAL CONDITIONS 3 0300 BID SUBMITTAL INSTRUCTIONS& FORMAT 16 APPENDICES: APPENDIX A PROPOSAL CERTIFICATION, QUESTIONNAIRE AND AFFIDAVITS 17 APPENDIX B "NO BID" FORM 24 APPENDIX C MINIMUM REQUIREMENTS&SPECIFICATIONS 26 APPENDIX D SPECIAL CONDITIONS 31 APPENDIX E COST PROPOSAL FORM 34 APPENDIX F INSURANCE REQUIREMENTS 37 ITB 2019-035-AG 2 MIAMI BEACH SECTION 0200 INSTRUCTIONS TO BIDDERS 1.GENERAL. This Invitation to Bid (ITB) is issued by the City of Miami Beach, Florida (the "City"), as the means for prospective Proposers to submit their qualifications, proposed scopes of work and cost proposals (the "bid") to the City for the City's consideration as an option in achieving the required scope of services and requirements as noted herein. All documents released in connection with this solicitation, including all appendixes and addenda, whether included herein or released under separate cover, comprise the solicitation, and are complementary to one another and together establish the complete terms,conditions and obligations of the Proposers and,subsequently,the successful Bidders(s) (the"contractor[s]")if this ITB results in an award. The City utilizes PublicPurchase (www.publicpurchase.com) for automatic notification of competitive solicitation opportunities and document fulfillment, including the issuance of any addendum to this ITB. Any prospective Bidder who has received this ITB by any means other than through PublicPurchase must register immediately with PublicPurchase to assure it receives any addendum issued to this ITB. Failure to receive an addendum may result in disqualification of proposal submitted. 2. PURPOSE. The City of Miami Beach Police Department ("Department"),,as part of its normal operations, depends heavily on undercover operations during criminal investigations. The Department uses rental vehicles during undercover operations to remain disguised in order to ensure the integrity of any given criminal case and for the safety of all parties involved. The department uses, on average, thirty-three (33) vehicles per month to conduct undercover operations.These rental vehicles have an estimated cost of$25,000 per month. During certain periods, usage could be higher. The City of Miami Beach ("City") seeks to establish a contract, by means of sealed bids, with qualified Bidder(s) to provide approximately thirty-three (33) rental vehicles annually for the City of Miami Beach, in accordance with the requirements andspecifications as further detailed herein and, specifically, in Appendix C. Interested bidders are invited to submit bids in response to this ITB. 3.SOLICITATION TIMETABLE.The tentative schedule for this solicitation is as follows: ITB Issued October 11,2018 Deadline for Receipt of Questions October 17,2018 Responses Due October,25,2018 Tentative Commission Approval Authorizing Award November 14,2018 4. PROCUREMENT CONTACT.Any questions or clarifications concerning this solicitation shall be submitted to the Procurement Contact noted below: Procurement Contact Telephone: Email: Allan Gonzalez 305-673-7490 alianaonzalezna.miamibeachfl.aov additionally, the Ci Clerk is to be copied on all communications via e-mail at:RafaelGranado • miamibeachfl.•ov 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 2019-035-AG 3 MIAMI BEACH may be scheduled. • = - • - - - City-ef-Miami-Beach Procurement-Department eteps: (1) Dial the TELEPHONE NUMBER: 1 888 270 9936(Toll free North America) ,5. PRE-BID INTERPRETATIONS. Oral information or responses to questions received by prospective Bidders are not binding on the City and will be without legal effect, including any information received at pre-bid meeting or site visit(s). Only questions answered by written addenda will be binding and may supersede terms noted in this solicitation.Addendum will be released through PublicPurchase. 6. CONE OF SILENCE. Pursuant to Section 2-486 of the City Code, all procurement solicitations once advertised and until an award recommendation has been forwarded to the City Commission by the City Manager are under the "Cone of Silence." The Cone of Silence ordinance is available at http://library.municode.com/index.aspx?clientlD=13097&statelD=9&statename=Florida. Any communication or inquiry in reference to this solicitation with any City employee or City official is strictly prohibited with the of exception communications with the Procurement Director, or his/her administrative staff,responsible for administering the procurement process for this solicitation providing said communication is limited to matters of process or procedure regarding the solicitation. Communications regarding this solicitation are to be submitted in writing to the Procurement Contact named herein with a copy to the City Clerk at rafaelgranado@miamibeachfl.gov. 7. SPECIAL NOTICES. You are hereby advised that this solicitation is subject to the following ordinances/resolutions,which may be found on the City Of Miami Beach website: httD://www.miamibeachfl.00v/city-hall/orocurement/procurement-related-ordinance-and-procedures/ • CONE OF SILENCE CITY CODE SECTION 2-486 • PROTEST PROCEDURES CITY CODE SECTION 2-371 • DEBARMENT PROCEEDINGS CITY CODE SECTIONS 2-397 THROUGH 2-485.3 • LOBBYIST REGISTRATION AND DISCLOSURE OF FEES CITY CODE SECTIONS 2-481 THROUGH 2-406 • CAMPAIGN CONTRIBUTIONS BY VENDORS CITY CODE SECTION 2-487 • CAMPAIGN CONTRIBUTIONS BY LOBBYISTS ON PROCUREMENT ISSUES CITY CODE SECTION 2-488 • REQUIREMENT FOR CITY.CONTRACTORS TO PROVIDE EQUAL BENEFITS FOR DOMESTIC PARTNERS CITY CODE SECTION 2-373 • LIVING WAGE REQUIREMENT - e • • PREFERENCE FOR FLORIDA SMALL BUSINESSES OWNED AND CITY CODE SECTION 2-374 ITB 2019-035-AG 4 MIAMI BEACH' • CONTROLLED BY VETERANS AND TO STATE-CERTIFIED SERVICE- DISABLED VETERAN BUSINESS ENTERPRISES • 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 five percent(5%) of the lowest and best bidder, by providing such bidder an opportunity of providing said goods or contractual services for the lowest responsive bid amount. Whenever, as a result of the foregoing preference, the adjusted prices of two (2)or more bidders which are a small business concern owned and controlled by a veteran(s) or a service-disabled veteran business enterprise constitute the lowest bid,pursuant to an ITB or oral or written request for quotation, and such bids are responsive, responsible and otherwise equal with respect to quality and service,then the award shall be made to the service-disabled veteran business enterprise. 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 exceptas may be otherwise expressly provided in the solicitation. ITB 2019-035-AG 5 • MIAMI BEACH 14. METHOD OF AWARD. Following the review of bids and application of vendor preferences, the lowest responsive, responsible bidder(s) meeting all terms, conditions, and specifications of the ITB will be recommended for award by bid item, bid group, or for the entirety of all bid items, as deemed in the best interest of the City, to the City Manager for his consideration. After considering the staff recommendation for award, the City Manager shall exercise his due diligence and recommend to the Mayor and City Commission the bid that the City Manager deems to be in the best interest of the City.The City Commission shall consider the City Manager's 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, or as delegated by the City Commission. Said award shall constitute a binding Contract between the City and the awarded bidder(s). In case of default on the part of the successful bidder, after said award, the City may take such action as it deems appropriate, including legal action, for damages or specific performance. The Contract shall include the solicitation, any and all addenda issued by the City and the Bid Proposal submitted the by bidder. In any discrepancy between the documents, the order of preference shall be as follows: 1) Addendum in reverse order of release; 2) Solicitation; 3) Bid Proposal. In case of default,on the part of the successful bidder, the City may procure the items or services from other sources and hold the bidder responsible for any excess cost occasioned or incurred thereby. 17. VOLUME OF WORK TO BE RECEIVED BY CONTRACTOR. It is the intent of the City to purchase the goods and services specifically listed in this solicitation from the contractor. However, the City reserves the right to purchase any goods or services awarded from state or other governmental contract, or on an as-needed basis through the City's spot market purchase provisions. 18. GENERAL TERMS AND CONDITIONS. It is the responsibility of the Bidder to become thoroughly familiar with the Bid requirements,terms and conditions of this solicitation. Ignorance by the Bidder of conditions that exist or that may exist will not be accepted a's a basis for varying the requirements of the City,or the compensation to be paid to the Bidder. ITB 2019-035-AG 6 MIAMI BEACH 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. 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 Proposer 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. BILLING INSTRUCTIONS. Invoices, unless otherwise indicated, must show purchase order numbers and shall be submitted to the ordering City department. ITB 2019-035-AG 7 MIAMI BEACH; 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 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 vialormal 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. ITB 2019-035-AG 8 MIAMI BEACH 32. CONTRACT EXTENSION. The City reserves the right to require the Contractor to extend contract past the stated termination date for a period of up to 120 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. 35. DEMONSTRATION OF COMPETENCY. A. Pre-award inspection of the bidder's facility may be made prior to the award of contract. B. Bids will only be considered from firms which are regularly engaged in the business of providing the goods and/or services as described in this Bid. C. Bidders must be able to demonstrate a good record of performance for a reasonable period of time, and have sufficient financial capacity, equipment, and organization to ensure that they can satisfactorily perform the services if awarded a contract under the terms and conditions of this Bid. D. the terms "equipment and organization",as used herein shall, be construed to mean a fully equipped and well established company in line with the best business practices in the industry, and as determined by the City of Miami Beach. E. The City may consider any evidence available regarding the financial,technical, and other qualifications and abilities of a bidder, including past performance (experience), in making an award that is in the best interest of the City. F. The City may require bidders to show proof that they have been designated as authorized representatives of a manufacturer or supplier, which is the actual source of supply. In these instances, the City may also require material information from the source of supply regarding the quality, packaging, and characteristics of the products to be supply to the City. Any material conflicts between information provided by the source of supply and the information contained in the bidder's bid may render the bid non-responsive. G. The City may, during the period that the contract between the City and the successful bidder is in force, review the successful bidder's record of performance to ensure that the bidder is continuing to provide sufficient financial support, equipment, and organization as prescribed in this bid. Irrespective of the bidder's performance on contracts awarded to it by the City, the City may place said contracts on probationary status and implement termination procedures if the City determines that the successful bidder no longer possesses the financial support, equipment, and organization which would have been necessary during the bid evaluation period in order to comply with the demonstration of competency required under this subsection. 36. DISPUTES. In the event of a conflict between the.Bid documents, the order of priority of the documents shall be as follows: A. Any contract or agreement resulting from the award of this Bid;then B. Addendum issued for this Bid,with the latest Addendum taking precedence;then C. The Bid;then D. The bidder's bid in response to the Bid. ITB 2019-035-AG 9 MIAMI BEACH 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. NOT USED. 38. DEFAULT. Failure or refusal of a bidder to execute a contract upon award, or withdrawal of a bid before such award is made, may result in forfeiture of that portion of any bid surety required as liquidated damages incurred by the City thereby; or, where surety is not required, failure to execute a contract as described above may be grounds for removing the bidder from the City's bidders list. 39.EQUIVALENTS. If a bidder offers makes of equipment or brands of supplies other than those specified in the Bid specifications, he must so indicate in his bid. Specific article(s) of equipment/supplies shall conform in quality, design and construction with all published claims of the manufacturer. The bidder shall indicate in the Bid Form the manufacturer's name and number if bidding other than the specified brands, and shall indicate ANY deviation from the specifications as listed in the Bid. Other than specified items offered requires complete descriptive technical literature marked to indicate detailed conformance with specifications, and MUST BE INCLUDED WITH THE BID. (NO BIDS WILL BE CONSIDERED WITHOUT THIS INFORMATION. THE CITY SHALL BE THE SOLE JUDGE OF EQUALITY AND ITS DECISION SHALL BE FINAL. Note as to Brand Names: Catalog numbers, manufacturers' and brand names,when listed, are informational guides as to a standard of acceptable product quality level only and should not be construed as an endorsement or a product limitation of recognized and legitimate manufacturers. Bidders shall formally substantiate and verify that product(s)offered conform with or exceed quality as listed in the specifications. 40. 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. 41. EMERGENCY RESPONSE PRIORITY. It is hereby made a part of this solicitation that before, during,and after a public emergency, disaster, hurricane, tornado, flood, or other acts of force majeure that the City of Miami Beach, Florida shall receive a "First Priority" for any goods and services covered under any award resulting from this solicitation, including balance of line items as applicable. It is vital and imperative that the majority of citizens are protected from any emergency situation that threatens public health and safety, as determined by the City. By virtue of submitting a response to this solicitation, vendor agrees to provide all award-related goods and services to the City on a"first priority"under the emergency conditions noted above. 42. 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. ITB 2019-035-AG 10 MIAMI BEACH 43. 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. 44. 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. 45. FLORIDA PUBLIC RECORDS LAW. Bidders are hereby notified that all Bid including, without limitation, any and all information and documentation submitted therewith, are exempt from public records requirements under Section 119.07(1), Florida Statutes, and s. 24(a),Art. 1 of the State Constitution until such time as the City provides notice of an intended decision or until thirty (30) days after opening of the bids, whichever is earlier. Additionally, Contractor agrees to be in full compliance with Florida Statute 119.0701 including, but not limited to, agreement to (a) Keep and maintain public records that ordinarily and necessarily would be required by the public agency in order to perform the services; (b) provide the public with access to public records on the same terms and conditions that the public agency would provide the records and at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law; (c) Ensure that public records,that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law; (d) Meet all requirements for retaining public records and transfer, at no cost," to the public agency all public records in possession of the contractor upon termination of the contract and destroy any duplicate public records that are exempt or confidential •and exempt from public records disclosure requirements. All records stored electronically must be provided to the public agency in a format that is compatible with the information technology systems of the public agency. 46. 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. 47. 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. 48. 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. 49. 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. ITB 2019-035-AG 11 MIAMI BEACH 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. 50. 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. 51. 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. 52. LIABILITY, INSURANCE, LICENSES AND PERMITS. Where bidders are required to enter or go on to City of Miami Beach property to deliver materials or perform work or services as a result of the Bid, the bidder will assume the full duty, obligation and expense of obtaining all necessary licenses, permits, and insurance, and assure all work complies with all Applicable Laws. The bidder shall be liable for any damages or loss to the City occasioned by negligence of the bidder, or his/her officers, employees, contractors, and/or agents, for failure to comply with Applicable Laws. 53. MANNER OF PERFORMANCE. Bidder agrees to perform its duties and obligations in a professional manner and in accordance with all applicable Local, State, County, and Federal laws, rules, regulations and codes. Bidder agrees that the services provided shall be provided by employees that are educated, trained, experienced, certified, and licensed in all areas encompassed within their designated duties. Bidder agrees to furnish to the City any and all documentation, certification, authorization, license, permit, or registration currently required by applicable laws, rules, and regulations. Bidder further certifies that it and its employees will keep all licenses, permits, registrations, authorizations, or certifications required by applicable laws or regulations in full force and effect during the term of this contract. Failure of bidder to comply with this paragraph shall constitute a material breach of this contract. 54. 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. 55. 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. 56. 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. ITB 2019035 AG 12 MIAMI BEACH 57. 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. 58. 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. 59. 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 thecontract, including its use by the City of Miami Beach, Florida. If the bidder uses any design, device or materials covered by letters, patent, or copyright, it is mutually understood and agreed,without exception, that the bid prices shall include all royalties or cost arising from the use of such design, device, or materials in any way involved in the work. 60. 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. 61. 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, willbe in accordance with terms and conditions stated herein. Each item must be bid separately, and no attempt is to be made to'tie any item or items in with any other item or items. Cash or quantity discounts offered will not be a consideration in determination of award of bid(s). 62. 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. 63. 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. 64. SAMPLES. Bids submitted as an"equal"product must be accompanied with detailed specifications. Samples of items,when required, must be furnishedfree 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. ITB 2019-035-AG 13 MIAMI BEACH; 65. SPECIAL CONDITIONS. Any and all Special Conditions that may vary from these General Terms and Conditions shall have precedence. 66.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. 67. 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. 68.TAXES.The City of Miami Beach is exempt from all Federal Excise and State taxes. 69. TIE BIDS. In accordance with Florida Statues Section 287.087, regarding identical tie bids, preference will be given to bidders certifying that they have implemented a drug free work place program. A certification form will be required. In,the event of a continued tie between two or more bidders after consideration of the drug free workplace program, the City's Local Preference and Veteran Preference ordinances will dictate the manner by which a tie is to be resolved. In the event of a continued tie after the Local and Veteran Preference ordinances have been applied or the tie exists between bidders that are not Local or Veteran, the breaking of the tie shall be at the City Manager's discretion,which will make a recommendation for award to the City Commission. 70. 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. Inthat event,-the City shall compensate the successful bidder in accordance with the term of the contract for all work and/or services satisfactorily performed by the bidder prior to termination, net of any costs incurred by the City as a consequence of the default. Notwithstanding the above, the successful bidder shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of the contract by the bidder, and the City may reasonably withhold payments to the successful bidder for the purposes of set off until such time as the exact amount of damages due the City from the successful bidder is determined. The City may,at its discretion,provide reasonable"cure period"for any contractual violation prior to termination of the contract;should the successful bidder fail to take the corrective action specified in the City's notice of default within the allotted cure period,then the City may proceed to terminate the contract for cause in accordance with this subsection 1.57. 71. 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 reasonabledirect 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. ITB 201 Q-035-AG 14 MIAMI BEACH; 72. 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 approvalisrequired 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. Balance of Page Intentionally Left Blank ITB 2019-035-AG 15 MIAMI BEACH; SECTION 0300 PROPOSAL SUBMITTAL INSTRUCTIONS AND FORMAT 1. SEALED BIDS. One original Bid Proposal (preferably in 3-ring binder) must be submitted in an opaque, sealed envelope or container on or before the due date established for the receipt of bids. Additionally, three (3) bound copies and one (1) electronic format(CD or USB format) are to be submitted,, with the original submission or within two (2) business 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 THE ORIGINAL ITB OR RELEASED VIA AN ADDENDUM) MAY RESULT IN BID BEING DEEMED NOT RESPONSIVE AND NOT BEING FURTHER CONSIDERED. • TAB 2—Bid Certification, Questionnaire and Affidavits(Appendix A). • TAB 3-Bidders shall provide evidence indicating compliance with the minimum requirement(s) of this ITB,as further detailed in Section 0300 Minimum Requirements. • TAB 4_List of all facility(s) within Miami-Dade and Broward County. For each facility, provide the following information: o Name of Location o Address o Contact • o Hours of Operations o List of Inventory at each location provided and indicate the vehicle year and odometer o Indicate if pick-up/drop-off and exchanges are available at each location 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 hot 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 two (2) business days upon request from the City, or the bid may be deemed non-responsive. Non-responsive bid packages will receive no further consideration. 2. LATE BIDS. Bid Proposals are to be received on or before the due date established herein for the receipt of Bids. Any Bid received after the deadline established for receipt of proposals will be considered late and not be accepted or will be returned to Proposer unopened. The City does not accept responsibility for any delays, natural or otherwise. ITB 2019-035-AG 16 APPENDIX A rikProposal Certification , Questionnaire . & Requirements 'Affidavit 2019-035-AG Rental of Vehicles PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 ITB 2019-035-AG 17 Solicitation No: Solicitation Title: 2019-035-AG Rental of Vehicles Procurement Contact Tel: Email: Alien Gonzalez 305.673-7490 alianaonzalez ac miamibeachfl.aov 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 10 YEARS: FIRM PRIMARY ADDRESS(HEADQUARTERS): CITY: • STATE: ZIP CODE: TELEPHONE NO.: TOLL FREE NO.: FAX NO.: FIRM LOCAL ADDRESS: CITY: STATE: ZIP CODE: PRIMARY ACCOUNT REPRESENTATIVE FOR THIS ENGAGEMENT: ACCOUNT REP TELEPHONE NO.: ACCOUNT REP TOLL FREE NO.: • ACCOUNT REP EMAIL: FEDERAL TAX IDENTIFICATION NO.: The City reserves the right to seek additional information from Proposer or other source(s),including but not limited to: any firm or principal information,applicable licensure, resumes of relevant individuals,client information,financial information, or any information the City deems necessary to evaluate the capacity of the Proposer to perform inaccordance with contract requirements. - ITB 2019-035-AG 18 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 govemment,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:Ilsupplierportal.dnb.comlwebaoD/wcs/stores/servlet/SupplierPortal?storeld=11696 Proposers are responsible for the accuracy of the information contained in its SQR. It is highly recommended that each Proposer review the information contained in its SQR for accuracy prior to submittal to the City and as early as possible in the solicitation process.-For assistance with any portion of the SQR submittal process,contact Dun&Bradstreet at 800-424-2495. SUBMITTAL REQUIREMENT: Proposer shall request that Dun&Bradstreet submit its Supplier Qualifier Report directly to the City, with bid or within 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-performance by an public sector agency? YES II 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 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 proposaVresponse or within five(5)days upon receipt of request. The Code shall,at a minimum, require the Proposer,to comply with all applicable governmental rules and regulations including,among others,the conflict of interest,lobbying and ethics provision of the City of Miami Beach and Miami Dade County. SUBMITTAL REQUIREMENT: Proposer shall submit firm's Code of Business Ethics. In lieu of submitting Code of Business Ethics, Proposer may submit a statement indicating that it will adopt,as required in the ordinance,the City of Miami Beach Code of Ethics, available at htto://www.miamibeachfl.Qov/dtv-halliorocurement/procurement-related-ordinance-and-procedures/ ITB 2019-035-AG 19 8. - ••- " - _ . . ' .I - . . o I.. came(in a partic.der year) .a 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 Arm 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 htto://www.miamibeachfl.aov/city-hall/procurement/procurement-related-ordinance-and- procedures/ ITB 2019-035-AG 20 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 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. Acknowledgement of Addendum. After issuance of solicitation, the City may release one or more addendum to the solicitation which may provide additional information to,Proposers or alter solicitation requirements.The City will strive to reach every Proposer having received solicitation through the City's e-procurement system, PublicPurchase.com. However, Proposers are solely responsible for assuring they have received any and all addendum issued pursuant to solicitation. This Acknowledgement of Addendum section certifies that the Proposer has received all addendum released by the City pursuant to this solicitation.Failure to obtain and acknowledge receipt of all addenda may result in proposal disqualification. Initial to Confine Initial to Confirm Initial to Confirm Receipt Receipt Receipt Addendum 1 Addendum 6 Addendum 11 Addendum 2 Addendum 7 Addendum 12 Addendum 3 Addendum 8 Addendum 13 Addendum 4 Addendum 9 Addendum 14_ Addendum 5 Addendum 10 Addendum 15 1 If additional confirmation of addendum is required,submit under separate cover. ITB 2019-035-AG 21 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 forthe 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 bya 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 2019-035-AG 22 PROPOSER CERTIFICATION I hereby certify that: I, as an authorized agent of the Proposer, am submitting the following information as my firm's proposal; Proposer agrees to complete and unconditional acceptance of the terms and conditions of this document, inclusive of this solicitation,all attachments,exhibits and appendices and the contents of any Addenda released hereto,and the Disclosure and Disclaimer Statement; Proposer agrees to be bound to any and all specifications, terms and conditions contained in the solicitation, and any released Addenda and understand that the following are requirements of this solicitation and failure to comply will result in disqualification of proposal submitted;Proposer has not divulged,discussed,or compared the proposal with other Proposers and has not colluded with any other Proposer or party to any other proposal; Proposer acknowledges that all information contained herein is part of the public domain as defined by the State of Florida Sunshine and Public Records Laws; all responses, data and information contained in this proposal, inclusive of the Proposal Certification, Questionnaire and Requirements-Affidavit are true and accurate. Name of Proposer's Authorized Representative: Title of Proposer's Authorized Representative: Signature of Proposer's Authorized Representative: Date: State of FLORIDA ) On this_day of ,20_,personally appeared before me who County of ) stated that (s)he is the of , a corporation, and that the instrument was signed in behalf of the said corporation by authority of its board of directors and acknowledged said instrument to be its voluntary act and deed. Before me: Notary Public for the State of My Commission Expires: ITB 2019-035-AG 23 APPENDIX B r i " No Bid " Form 2019-035-AG Rental of Vehicles PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 Note It is important for those vendors who have received notification of I 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 b the City. ITB 2019-035=AG 24 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: ALIAN GONZALEZ PROPOSAL#2019-035-AG 1755 MERIDIAN AVENUE, 3rd FLOOR. MIAMI BEACH, FL 33139 amm=fB 2019-035-AG 25 APPENDIX C \ - - liks 7`^A ti°ll\ '17.fi , A, , i ' '/ .. — %, /\: /\ tC° FtR e . ¢',.y Minimum Requirements & Specifiöations 2019-035-AG Rental of Vehicles PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 ITB 2019-035-AG 26 Cl. Minimum Eligibility Requirements.The Minimum Eligibility Requirements for this solicitation are listed below. Bidder shall submit the required submittal(s) documenting compliance with each minimum requirement. Proposers that fail to comply with minimum requirements shall be deemed non-responsive and shall not have its bid considered. 1. Bidder(s) must have at least one (1) permanent pick-up/drop-off location of rental vehicles located no more than twenty(20) driving miles from the Police Department located at 1100 Washington Ave., Miami Beach, FL 33139 and multiple pick-up/drop- off locations within Miami Dade County and Broward County. Submittal Requirement: Submit address of location for pick-up/drop off of rental vehicles located no more than 20 miles from the Police Department as listed above and multiple locations within Miami Dade and Broward counties. C2. Statement of Work Required. The purpose of this ITB is to establish a contract, by means of sealed bids, with a qualified firm(s) to provide approximately thirty-three (33) rental vehicles annually for the City of Miami Beach, in accordance with the prescribed specifications and requirements. Interested vendors are invited to submit bids in response to this ITB. The monthly-price provided pursuant to this solicitation must include all profit, fees and any additional charges necessary to invoice the business transaction. The only operating expense for which the successful Bidder(s) may bill is gasoline or other fuel types as long as it exceeds two (2) gallons. C3.Specifications. C3.1 VEHICLE SPECIFICATIONS The vehicles shall be current year models with low (fewer than 30,000 miles) mileage, neat and clean in appearance. Additionally, the Successful Bidder(s) shall only provide vehicles that have been maintained according to the manufacture's requirements, industry standards and all applicable laws. Further, the vehicles shall also be equipped with air conditioning, automatic transmission, AM/FM radio, ABS brakes, power windows, power door locks and power steering. There will be no mileage charges, or rental charges of any nature except for refueling charges above two (2)gallons allowed on any rental. The selection of vehicles will be classified into groups for pricing purposes. From these groups, the City may choose the vehicle most suited for its line of work. The City is requesting monthly rental rates for the different classes listed in Appendix E, Bid Price Form and below. C3.2 VEHICLE CLASSES The Bidder(s)shall provide a monthly rental price for the vehicle classes at a minimum as specified below. > Classes: 1) Mid-Size Sedans: includes Toyota Camry, Chevrolet Malibu, Kia Optima, Mazda 6, Ford Fusion,Volkswagen Passat, Hyundai Sonata, Nissan Altima,or similar. 2) Full-Size Sedans: includes Chrysler 300, Nissan Maxima, Toyota Avalon,'Chevrolet Impala, Dodge Charger,Ford Taurus,and Kia Cadenza. 3) Full-Size Luxury Sedan: includes Cadillac XTS or CT6, Lexus LS, Lincoln Continental or ITB 2019-035-AG 27 similar. 4) 12 Passenger Vans: includes Ford Transit or similar. 5) Mid-Size Pick-Up Trucks: includes Nissan Frontier, Ford Ranger, Chevrolet Colorado, Toyota Tacoma or similar. 6) Full-Size Pick-Up Trucks: Ford F-150, Chevrolet Silverado, Dodge Ram, Toyota Tundra, Nissan Titan,GMC Sierra or similar. 7) Mid-Size Sport Utility Vehicles (SUV's): Nissan Pathfinder, Jeep Cherokee, Chevrolet Traverse, Ford Explorer, Honda Pilot, Dodge Durango, GMC Arcadia, Toyota Highlander or similar. 8)) Full-Size Sports Utility Vehicles (SUV's): Chevrolet Suburban, Chevrolet Tahoe, Ford Expedition, GMC Yukon, Nissan Armada or similar. 9) Cargo Vans:Chevrolet Express, Ford Transit, Dodge Ram ProMaster or similar. Bidder(s) shall not modify the vehicle classes during the life of the resulting contract without the prior written approval from the Contract Administrator. The Contract Administrator may only consider any request to modify the vehicle classes at the time of renewal. For the purpose of the vehicle classes, the term "or similar" shall mean vehicles that are similar in size, curb weight and passenger capacity to the ones specified in this section. C3.3 MILEAGE LIMITATIONS The vehicles rented under the resulting contract shall have unlimited miles for the rental period. Any vehicle approaching the maximum mileage limitation of 30,000 miles will be returned by the City and a replacement vehicle shall be issued by the successful Bidder at no charge to the City in accordance to Section C3.7 below. C3.4 VEHICLE PICK-UP/DROP-OFF LOCATIONS Successful Bidder(s) shall make available multiple secure rental locations for vehicle pick-up/drop- off within Miami-Dade and Broward Counties. Successful Bidder(s) shall have one (1) local site located within 20 miles driving distance from the Miami Beach Police Department located at 1100 Washington Ave., Miami Beach, FL 33139. Vehicles will be picked up by the designated City personnel at the successful Bidder(s)facility. If a location(s) is closed or made unavailable for any unforeseen reason, successful Bidder(s) is to notify the City within 24 hours. The City and the successful Bidder(s) may secure together another site to be made available for City use. Refer to Section 0300 for submittal requirement to provide list of all sites available for pick- up/drop off and exchanges. • C3.5 VEHICLE USE AND CONFIDENTIALITY The vehicles rented under this contract are intended for undercover investigation, operation and surveillance. It is understood that a situation may occur outside the control of either the City of Miami Beach or the successful Bidder which may require emergency use of the vehicle. The Successful Bidder, knowing the nature of the use of these vehicles, shall be fully aware of the requirement for confidentiality, and shall not divulge under any circumstances the identity, rental information, or,location regarding the rental of said vehicle to anyone other than the Contract Administrator assigned by the City. ITB 2019-035-AG 28 C3.6 MAINTENANCE The successful Bidder(s) shall be responsible for the mechanical repairs and preventive/routine maintenance of the vehicles rented under the resulting contract at no additional cost to the City. Preventive/routine maintenance shall include, but is not limited to: engine tune-ups; tire checks, rotations and replacement where required; replace/fix flat tires,as needed; battery checks,charges and replacement as needed; oil changes and lubrications;and all service and/or repairs necessary for the continuous proper operation of the vehicles. The successful Bidder(s) must be able to provide, upon request, all maintenance/service records of all vehicles rented under this contract. The successful Bidder(s) shall stipulate in writing (at the beginning of the rental period) the time periods or mileage intervals the vehicles are due for preventive/routine maintenance. C3.7 EXCHANGE When a vehicle is out of service due to mechanical breakdown, repairs, accident, preventive/routine maintenance, or any other reason that is not due to any fault or negligence of the City, the successful Bidder shall furnish a replacement vehicle of equal class within one (1) hour. When a replacement vehicle is not available within one (1) hour, an upgrade vehicle must be supplied at no additional charge to the City. The successful Bidder(s) shall not require the City to exchange any upgraded vehicle during the rental period. The successful Bidders(s) shall provide, upon request, a replacement vehicle once a vehicle has been exposed of its undercover status. These vehicles are referred to as°burned"or"hot"and can no longer be utilized effectively. The successful Bidder shall furnish a replacement vehicle within one(1)hour regardless of inventory or stock deficiencies. A pro-rated daily rental charge (1/30 of the monthly charge) shall be deducted from the monthly payments for any vehicle out of service for'which no adequate replacement is provided for each day, or portion thereof exceeding 8 hours, that no adequate replacement is provided. The City at its sole discretion will determine which vehicle is considered as an adequate replacement. Should the City need to turn in a vehicle for any reason before the complete rental month, the successful Bidder shall invoice on a pro-rated basis.The pro-rated basis will be 1/30 of the monthly contract/bid rate. EXAMPLE Monthly contract/bid rate of$600=$20 per day x 30 days. Vehicle used for 15 days. $20 per day x 15 days=$300 for the use of that vehicle. The successful Bidder(s) must provide a minimum of 48 hours'notice to the Contract Administrator or designee,when they require a rental vehicle to be exchanged for another vehicle. C3.8 RENTAL REQUIREMENTS Upon request, the successful Bidder shall furnish the City of Miami Beach a statement of procedures which should be followed by the user of the rental vehicle when they experience a mechanical or other problem with the rental vehicles. ITB 2019-035-AG 29 Successful Bidder(s) shall maintain a sufficient number of vehicles on hand to meet the needs of the City with advanced reservations. The successful Bidder(s) shall ensure that reservations are not overbooked. If a reserved vehicle is not available at the time of pick-up by the City, the successful Bidder(s)shall substitute a vehicle of similar or better quality at no additional cost. C3.9 MODIFICATION OF VEHICLES The City may, at its own expense have the windows of any rented vehicle tinted. No charge will be levied on the City for the removal of such tinting at any time. The City may at its own expense install any electronics equipment it may deem necessary, providing said installations shall cause no permanent damage to the vehicles(s), (Le. holes in sheet metal or dashboard area of car). C3.10 ACCEPTANCE The vehicles shall be maintained and delivered to the City in accordance to the conditions set forth in section C3.1. If a vehicle does not meet the conditions set forth in section 3.1, the vehicle shall be returned to the successful Bidder in exchange for a suitable vehicle. C3.11 ADVERTISING No emblem, logo, tag or other device or design promoting the contracting firm may be affixed in any manner to any vehicle furnished under this contract, except for emblems installed by manufacturer identifying manufacturer and model. C3.12 TOLLS AND MOVING VIOLATIONS Successful Bidder is not to pay any toll or red light violations. Successful Bidder is to provide notice of these toll or red light violations to the appropriate Contract Administrator for their follow- up. The City of Miami Beach will address these violations andprovide a response to the Successful Bidder with proof of the action taken. If Successful Bidder chooses to pay the summons/citations, the City of Miami Beach will not reimburse the Successful Bidder for the expense incurred. C3.13 INVOICES The Successful Bidder(s) shall submit monthly invoices to the City user department(s) that requested the service through a purchase order. The invoices shall reflect the type of service provided to the City in the prior month. All invoices shall be complete and legible and, at a minimum, must contain the following data: • Driver's Name • Date and time vehicle was checked out • Date and time vehicle was checked in • Beginning mileage • Ending mileage • Miles driven • Vehicle rental rate per month • Refueling: Number of gallons, price per gallon, and refueling service charge (if applicable) ITB 2019-035-AG 30 APPENDIX D i 6 IP! E C . Special Conditions 2019-035-AG Rental of Vehicles PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3rd Floor , Miami Beach, Florida 33139 ITB 2019-035-AG 31 • 1. TERM OF CONTRACT. The contract shall remain in effect for three (3) years from date of contract execution by the Mayor and the City Clerk. The City of Miami Beach will have the option to renew the contract at the sole discretion of the City Manager for an additional two (2), one (1) year periods,on a year-to-year basis,and if mutually acceptable to the City and the Bidder. In the event that the contract is held over beyond the term herein provided it shall only be from a month-to-month basis only and shall not constitute an implied renewal of the contract. Said month- to month extension shall be upon the same terms of the contract and at the compensation and payment provided herein,and shall not exceed six(6)months. 2. PRICES SHALL BE FIXED AND FIRM FOR TERM OF CONTRACT: If the bidder is awarded a contract under this bid solicitation, the prices quoted by the bidder on the Bid Form shall remain fixed and firm during the three(3)year term of this contract; provided however,that the bidder may offer incentive discounts from this fixed price to the City at any time during the contractual term. 2.1 OPTION TO RENEW WITH PRICE ADJUSTMENT:The contract could be extended for an additional two (2), one (1)year terms, on a year to year basis, at the sole discretion of the City Manager. Prior to completion of each exercised contract term, the City Manager may consider and adjustment to price based on Consumer Price Index increase. Change shall not be more than the percentage increase or decrease in the Consumer price Index CPI-U (all urban areas)computed 60 days prior to the anniversary date of the contract. It is the vendor's responsibility to request any pricing adjustment under this provision. For any adjustment to commence on the first day of any exercised period, the vendor's request • for adjustment should be submitted 60 days prior to expiration of the then current contract term. The vendor adjustment request must clearly substantiate the requested increase. If no adjustment request is received from the vendor, the City will assume thatthe vendor has agreed that the optional term may be exercised without pricing adjustment. Any adjustment,request received after the commencement of a new option period may not be considered. 3. METHOD OF PAYMENT. Invoices for payment will be submitted upon receipt and acceptance of goods and/or services ordered via a Purchase Order. No down or partial down payment will be made. Invoices will be subject to verification and approval of the Police Department. ITB 201 9-035-AG 32 APPENDIX E 3 x `�5 f a$ 4 r 1 Cost Proposal Form 2019-035-AG Rental of Vehicles PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 33 ITB 2019-035-AG 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 proposal price form below represents the entire cost of the items in full accordance with the requirements of this ITB, inclusive of its terms, conditions, specifications and other requirements stated herein,and that no claim will be made on account of any increase in wage scales,material prices,delivery delays, taxes, insurance,cost indexes or any other unless a cost escalation provision is allowed herein and has been exercised by the City Manager in advance. The 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.- - - - Estimated Total Quantity Unit Cost (Quantity_X_Unit_Cost) U/M (C) Classes Description (Monthly) (A) (B) (A x B=C) 1 Mid-Size Sedans - Monthl 5 $ $ 2 Full-Size Sedans Monthl 10 $ $ 3 Full-Size Luxu Sedan Monthl 1 $ $ 4 12 Passen.er Vans Monthl 1 $ $ 5 Mid-Size Pick-U.Trucks Monthl 5 $ $ 6 . Full-Size Pick-U.Trucks Monthl 5 . $ $ 7 Mid-Size Sport Utility Vehicles Monthly 10 $ $ 8 Full-Size-Sport Utility Vehides Monthly 10 $ $ SU 9 Caro Vans Monthl 3 $ $ Bidder'sAffirmition Company: Authorized Representative: Address: Telephone: Email: Authorized Representative's Signature: ITB 2019-035-AG 34 APPENDIX F EACH. , -4 Insurance Requirements 2019-035-AG Rental of Vehicles PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 ITB 2019-035-AG 35 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 2019-035-AG J 36 ATTACHMENT C CONSULTANTS RESPONSE TO THE (ITB) Detail by FEI/EIN Number Page 1 of 3 Florida Department of State DIVISION OF CORPORATIONS TT'/MJSI'r L!f f o®rg ,c 0-1?.P[JP��"Ire. r t an officio!3seile of Florida Iv.Ef�11t? Department of State / Division of Corporations / Search Records / Detail By Document Number/ Detail by-FEI/EIN Number • Foreign Profit Corporation BUDGET RENT A CAR SYSTEM, INC. Filing Information Document Number F02000005093 FEI/EIN Number 42-1.553246 Date Filed 10/08/2002 State DE Status ACTIVE Last Event NAME CHANGE AMENDMENT Event Date Filed 11/27/2002 Event Effective Date NONE • • Principal Address 6 SYLVAN WAY PARSIPPANY, NJ 07054 . Mailing Address 6 SYLVAN WAY PARSIPPANY, NJ 07054 Changed:04/25/2008 Registered Agent Name&Address CORPORATION SERVICE COMPANY 1201 HAYS STREET TALLAHASSEE, FL 32301-2525 Officer/Director Detail Name&Address Title President BLASKEY, DAVID D • 6 SYLVAN WAY PARSIPPANY, NJ 07054 Title VP,Controller MATTESSICH,GERALD • 6 SYLVAN WAY PARSIPPANY, NJ 07054 http://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inq... 11/19/2018 Detail by FEI/EIN Number Page 2 of 3 Title CFO, Director SMITH, MARTYN ROBERT 6 SYLVAN WAY PARSIPPANY, NJ 07054 Title Asst.Secretary GALLAGHER, PAUL 6 SYLVAN WAY PARSIPPANY, NJ-07054 Title Director DE SHON, LARRY DEAN 6 SYLVAN WAY PARSIPPANY, NJ 07054 Title Senior Vice President, Chief Securities Counsel and Secretary Koepke, Bryon L 6 SYLVAN WAY PARSIPPANY, NJ 07054 Title VP,Asst.Secretary MUHS, ROBERT E 6 SYLVAN WAY PARSIPPANY, NJ 07054 Title VP BOUTA, ROBERT F 6 SYLVAN WAY PARSIPPANY, NJ 07054 Annual Reports Report Year Filed Date 2016 04/28/2016 2017 04/17/2017 2018 04/27/2018 Document Images 04/27/2018—ANNUAL REPORT View image in PDF format 04/17/2017—ANNUAL REPORT View image in PDF format 04/28/2016—ANNUAL REPORT View image in PDF format 04/21/2015—ANNUAL REPORT View image in PDF format 04/23/2014—ANNUAL REPORT View image in PDF format 04/19/2013—ANNUAL REPORT View image in PDF format 04/24/2012—ANNUAL REPORT View image in PDF format http://search.sunbiz.org/Inquiry/Corporations earch/S earchResultDetail?inq... 11/19/20 1 8 Detail by FEI/EIN Number Page 3 of 3 11/03/2011-ANNUAL REPORT View image in PDF format 04/18/2011-ANNUAL REPORT View image in PDF format 04/23/2010-ANNUAL REPORT View image in PDF format 04/27/2009-ANNUAL REPORT • View image in PDF format 04/25/2008-ANNUAL REPORT View image in PDF format' 01/09/2007-ANNUAL REPORT View image in PDF format 04/20/2006-ANNUAL REPORT View image in PDF format 04/28/2005-ANNUAL REPORT View image in PDF format 06/03/2004-ANNUAL REPORT View image in PDF format 04/15/2003-ANNUAL REPORT View image in PDF format 11/27/2002-Name Change View image in PDF format - -- 10/08/2002-Foreign Profit View image in PDF format • Florida Department of State,Division of Corporations • • • http://search.sunbiz.org/Inquiry/CorporationS earch/S earchResultDetail?inq... 11/19/2018 Name History Page 1 of 1 Florida Department of State DIVISION OF CORPORATIONS rioicfif of • 5t,44org e,L r C L C"r C' r r (JAL' CIl3 t fjiC/l1C L'll7£'of F/!lf/t/ti Department of State / Division of Corporations / Search Records / Return to Detail Screen / Return to Detail Screen Events BUDGET RENT A CAR SYSTEM,INC. Document Number F02000005093 Date Filed 10/08/2002 Effective Date None Status Active Event Type Filed Effective Description • Date Date NAME CHANGE 11/27/2002 OLD NAME WAS:CHEROKEE ACQUISITION AMENDMENT CORPORATION Return to Detail Screen Florida Department of State,Division of Corporations, • http://search.sunbiz.org/Inquiry/CorporationSearch/NameHistory?aggregat... 11/19/2018 APPENDIX E b '1' gee i 5 ; awV M a . Cost Proposal Form 2019-035-AG Rental of Vehicles PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3rd Floor • Miami Beach;Florida 33139 33 ITB 2019-035-AG i APPENDIX E, COST PROPOSAL:FORM Failure to submit Appendix E,Cost Proposal Form, in its entiretyand fully executed by the deadline established for the receipt of •ro•osals will result in •roposal bein• deemed non-responsive and bein• re'ected. Bidder affirms that the prices stated on the proposal price form below represents the1 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 daim 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. Estimated Total Quantity Unit Cost (Quantity_X_Unit_Cost) UIM (C) , Classes Description (Monthly) (A) (B) n(A x B=C) 1 Mid-Size Sedans Monthly '5 5 $ V5 $ <17-S 2 Full-Size Sedans Monthly 10 $ (02.5- $ 1/2/6 3 Full-Size Luxury Sedan Monthly 1 $ P 2-0- $ S 2-0 i 4 12 Passenger Vans Monthly 1 $ GC'S $ 59—C 5 Mid-Size Pick-Up Trucks Monthly 5 $ Cf50 $ 32-CO 6 Full-Size Pick-Up Trucks Monthly 5 , $ (0s0 $ .3.2-5-0 7 Mid-Size Sport Utility Vehicles Monthly 10 $ tA C $ (19 -5b (SUV) 8 Full-Size Sport Utility(SUVehicles Monthly 10 $ 1.01--r- $ ("1-S-0� 2 9 ,Cargo Vans Monthly 3 $ \300 $ 900 Bidder's Affirmation Company: 0 I V{- 'QCT-410-CttR- S 4 Stens i -f_V►C. Authorized Represen tive: reA.,, 54.10Z7A0 Address: 1c-c airiNin 9-*A ki Svkc 4- '410 a F-t- 3 Telephone: may- 2.(40- O',$- - , Email: ham,/ , Sekk#d,4 Catvi'Sfjc4 . Carr% Authorized Representative's Signature: /v ,e....,„ . ITB 2019-035-AG 34 • APPENDIX A P4, Ai / Ai , - „k--' e A - El IV lI 'S h ' ‘°w Proposal Certification , Questionnaire & Requirements Affidavit 2019-035-AG Rental of Vehicles • PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 ITB 2019-035-AG ' 17 / 1 Solicitation No: Solicitation Title: 2019-035-AG Rental of Vehicles Procurement Contact Tel Email: Align Gonzalez 305-673-7490 aliangonzalezj 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: Suds' v A - n C. NO.OF YEARS IN BUSINESS: Z Z NO.OF YEARS INNBBUUINESS LOCALLY: NO.OEMPLOYEES: Tlitov OTHER NAME(S)PROPOSER HAS OPERATED UNDER IN THE LAST 10 YEARS: A -/iq FIRM PRIMARY ADDRESS(HEADQUARTERS): / S I IVAn �J I ,a CITY: fa (� an STATE: rs't��q 'V A, � Cw ypitui ZIP CODE: D TELEPHONE NO.: .3 — q 35Z ) TOLL FREE NO.: /WA'Dp • FAX NO.: 417- 3 - (MU- } �- FIRM LOCAL ADDRESS: /61-5- eirift,yr l 1.1 Sues tj? CITY: 0P/CA l• Q 1 • STATE: -Fivie .2CODE: 33004 PRIMARY ACCOUNT REPRESENTATIVE FOR THIS ENGAGEMENT: Andrew 541-ci T'T/J(JI ACCOUNT REP TELEPHONE NO.: �y� b , ACCOUNT REP TOLL FREE NO.: pts--4 �y /2.62_ • ACCOUNT REP EMAIL:: i1 1 , atio • c�k4.0 e avis L• ,� � �+��{/�_ FEDERAL TAX IDENTIFICATION NO.: �`1N �G6 ra^ �11�1 W 2 — 1 SS 32-!-NA0 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 2019-035-AG 18 ii 1. Veteran Owned Business.Is Proposer claiming a veteran owned business status? YES NO SUBMITTAL REQUIREMENT: Proposers claiming veteran owned business'status shall submit a documentation proving that firm is certified as a veteran-owned business or a service-disabled veteran owned business by the State of Florida or United States federal government,as required:pursuant to ordinance 2011-3748. 2. Financial Capacity. 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/webaop/wcs/stores/servlet/SupplierPortal?storeld=11696 Proposers are responsible for the accuracy of the information contained in its SQR. It is highly recommended that each Proposer review the information contained in its SQR for accuracy prior to submittal to the City and as early as possible in the solicitation process. For assistancewith 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 J r 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 any public sector agency? YES NO SUBMITTAL REQUIREMENT: If answer to above is "YES," Proposer shall submit a statement detailing the reasons that led to action(s). 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 solelyresponsible 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/procurement/procurement-related-ordinance-and-procedures/ ITB019-035-AG 19 8. same-(in-a-pactieular-yeac), 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? . V. 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? r ( YES NO C. Please check all benefits that apply to your answers above and list in the"other"section anyadditional 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 1G )C, Family Medical Leave Bereavement Leave )C. 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 http://www.miamibeachfl.gov/city-hall/procurernentlprocurement-related-ordinance-and- procedures/ • f ITB-201 9-035-AG 20 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 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. Acknowledgement of Addendum. After issuance of solicitation, the City may release one or more addendum to the solicitation which may provide additional information to Proposers or alter solicitation requirements.The City will strive to reach every Proposer having received solicitation through the City's e-procurement system, PublicPurchase.com. However, Proposers are solely responsible for assuring they have received any and all addendum issued pursuant to solicitation. This Acknowledgement of Addendum section certifies that the Proposer has received all addendum released by the City pursuant to this solicitation.Failure to obtain and acknowledge receipt of all addenda may result in proposal disqualification. Initial to Confirm Initial to Confirm Initial to Confirm R ipt Re i Re eipt _ 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 2019-035-AG • . 21 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 2019-035-AG 22 • 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 agree's to complete and unconditional acceptance of the terms and conditions of this document, indusive of this solicitation,all attachments,exhibits and appendices and the contents of any Addenda released hereto,and the Disclosure and Disclaimer Statement; Proposer agrees to be bound to any and all specifications, terms and conditions contained in the solicitation, and any released Addenda and understand that the following are requirements of this solicitation and failure to comply will result in disqualification of proposal submitted; Proposer has not divulged,discussed,or compared the proposal with other Proposers and has not colluded with any other Proposer or party to any other proposal; Proposer acknowledges that all information contained herein is part of the public domain as defined by the State of Florida Sunshine and Public Records Laws; all responses, data and information contained in this proposal, inclusive of the Proposal Certification, Questionnaire and Requirements Affidavit are true and accurate. • Name of Proposer's Authorized Representative: Title of Proposer's Authorized Representative: fl-v 4Saki SA\-e% NQS Signature of Proposer's Authorized Representative: Date: State of FLORIDA ) On thiAT day of 9 ,tel 2 0,personally appeared before me �U JP(c+ who Co my of Bro —) stated that , )he is .e SQte-3 KPa of�J$ -jrwe,a corporation,and that the fl rum- :s signed in behalf or the said corporation by authority of its board . r- d acknowledged said instrument to be its voluntary act and deed.B-'0Air N G ry Public for the State of Ori , My Commission Expires: CHERYLIwcnL :. _ MY COMMISSION#GG 205780 i '`; EXPIRES:May 30,2022 -Moro**' Bonded Thru MayPublic Undentrtters • • • ITB 2019-035-AG 23 APPENDIX C . 4 1 A \ Al‘ * . \ ii ,134., 1 i iiir stlaw:AV t 7 k Sr 1 kl;"4\ I N./ k. —•^1' g - .._ _-4. ii t4 M 41-a41 ,WAZtat;, i 1 V 1 4 I I Minimum Requirements & Specifications • . . 2019-035-AG Rental of Vehicles , PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 ITB 2019-035-AG 26 C1. Minimum Eligibility Requirements. The Minimum Eligibility Requirements for this solicitation are listed below. Bidder shall submit the required submittal(s) documenting compliance with each minimum requirement. Proposers that fail to comply with minimum requirements shall be deemed non-responsive and shall not have its bid considered. 1. Bidder(s) must have at least one (1) permanent pick-up/drop-off location of rental vehicles located no more than twenty(20) driving miles from the Police Department located at 1100 Washington Ave., Miami Beach, FL 33139 and multiple pick-up/drop- off locations within Miami Dade County and Broward County. Submittal Requirement: Submit address of location for pick-up/drop off of rental vehicles located no more than 20 miles from the Police Department as listed above and multiple locations within Miami Dade and Broward counties. C2. Statement of Work Required. The purpose of this ITB is to establish a contract, by means of sealed bids, with a qualified firm(s) to provide approximately thirty-three (33) rental vehicles annually for the City of Miami Beach, in accordance with the prescribed specifications and requirements. Interested vendors are invited to submit bids in response to this ITB. The monthly price provided pursuant to this solicitation must include all profit, fees and any additional charges necessary to-invoice the business transaction. The only operating expense for which the successful Bidder(s) may bill is gasoline or other fuel types as long as it exceeds two(2) gallons. C3.Specifications. . C3.1 VEHICLE SPECIFICATIONS The vehicles shall be current year models with low (fewer than 30,000. miles) mileage, neat and clean in appearance. Additionally, the Successful Bidder(s) shall only provide vehicles that have been maintained according to the manufacture's requirements, industry standards and all applicable laws. Further, the vehicles shall also be equipped with air conditioning, automatic transmission, AM/FM'radio, ABS brakes, power windows, power door locks and power steering. There will be no mileage charges, or rental charges of any nature except for refueling charges above two(2)gallons allowed on any rental.,The selection of vehicles will be classified into groups for pricing purposes. From these groups, the City may choose the vehicle most suited for its line of work. The City is requesting monthly rental rates for the different classes listed in Appendix E, Bid Price Form and below. C3.2 VEHICLE CLASSES The Bidder(s)shall provide a monthly rental price for the vehicle classes at a minimum as specified below. Classes: 1) Mid-Size Sedans: includes Toyota Camry, Chevrolet Malibu, Kia Optima, Mazda 6, Ford Fusion,Volkswagen Passat, Hyundai Sonata, Nissan Altima,or similar. 2) Full-Size Sedans: includes Chrysler 300,, Nissan Maxima, Toyota Avalon, Chevrolet Impala, Dodge Charger, Ford Taurus,and Kia Cadenza. 3) Full-Size Luxury Sedan: includes Cadillac XTS or CT6, Lexus LS, Lincoln Continental or ITB 2019-035-AG 27 similar. 4) 12 Passenger Vans: includes Ford Transit or similar. 5) Mid-Size Pick-Up Trucks: includes Nissan Frontier, Ford Ranger, Chevrolet Colorado, Toyota Tacoma or similar. 6) Full-Size Pick-Up Trucks: Ford F-150, Chevrolet Silverado, Dodge Ram, Toyota Tundra, Nissan Titan,GMC Sierra or similar. 7) Mid-Size Sport Utility Vehicles (SUV's): Nissan Pathfinder, Jeep Cherokee, Chevrolet Traverse, Ford Explorer, Honda Pilot, Dodge Durango, GMC Arcadia, Toyota Highlander or similar. 8) Full-Size Sports Utility Vehicles (SUV's): Chevrolet Suburban, Chevrolet Tahoe, Ford Expedition, GMC Yukon, Nissan Armada or similar. 9) Cargo Vans: Chevrolet Express, Ford Transit, Dodge Ram ProMaster or similar. Bidder(s) shall not modify the vehicle classes during the life of the.resulting contract without the prior written approval from the Contract Administrator. The Contract Administrator may only consider any request to modify the vehicle classes at the time of renewal. For the purpose of the vehicle classes, the term "or similar" shall mean vehicles that are similar in size, curb weight and passenger capacity to the ones specified in this section. C3.3 MILEAGE LIMITATIONS The vehicles rented under the resulting contract shall have unlimited miles for the rental period. Any vehicle approaching the maximum mileage limitation of 30,000 miles will be returned by the City and a replacement vehicle shall be issued by the successful Bidder at no charge to the City in accordance to Section C3.7 below. C3.4 VEHICLE PICK-UP/DROP-OFF LOCATIONS Successful Bidder(s)shall make available multiple secure rental locations for vehicle pick-up/drop- off within Miami-Dade and Broward Counties. Successful Bidder(s) shall have one (1) local site located within 20 miles driving distance from the Miami Beach Police Department located at 1100 Washington Ave., Miami Beach, FL 33139. Vehicles will be picked up by the'designated City personnel at the successful Bidder(s)facility. If a location(s) is closed or made unavailable for any unforeseen reason, successful Bidder(s) is to notify the City within 24 hours. The City and the successful Bidder(s)may secure together another site to be made available for City use. Refer to Section 0300 for submittal requirement to provide list of all sites available for pick- up/drop off and exchanges. C3.5 VEHICLE USE AND CONFIDENTIALITY The vehicles rented under this contract are intended for undercover investigation, operation and surveillance. It is understood that a situation may occur outside the control of either the City of Miami Beach or the successful Bidder which may require emergency use of the vehicle. The Successful Bidder, knowing the nature of the use of these vehicles, shall be fully aware of the requirement for confidentiality, and shall not divulge under any circumstances the identity, rental information, or location regarding the rental of said vehicle to anyone other than the Contract Administrator assigned by the City. ITB 2019-035-AG 28 C3.6 MAINTENANCE The successful Bidder(s) shall be responsible for the mechanical repairs and preventive/routine maintenance of the vehicles rented under the resulting contract at no additional cost to the City. Preventive/routine maintenance shall include, but is not limited to: engine tune-ups; tire checks, rotations and replacement where required; replace/fix flat tires,as needed; battery checks,charges and replacement as needed; oil changes and lubrications; and all service and/or repairs necessary for the continuous proper operation of the vehicles. The successful Bidder(s) must be able to provide, upon request, all maintenance/service records of all vehicles rented under this contract. The successful Bidder(s) shall stipulate in writing (at the beginning of the rental period) the time periods or mileage intervals the vehides are due for preventive/routine maintenance. C3.7 EXCHANGE When a vehicle is out of service due to mechanical breakdown, repairs, accident, preventive/routine maintenance, or any other reason that is not due to any fault or negligence of the City, the successful Bidder shall furnish a replacement vehicle of equal class within one (1) hour. When a replacement vehicle is not available within one (1) hour, an upgrade vehicle must be supplied at no additional charge to the City. The successful Bidder(s) shall not require the City to exchange any upgraded vehicle during the rental period. The successful Bidders(s) shall provide, upon request, a replacement vehicle once a vehicle has been exposed of its undercover status.These vehicles are referred to as"burned"or"hot"and can no longer be utilized effectively. The successful Bidder shall furnish a replacement vehicle within one(1)hour regardless of inventory or stock deficiencies. A pro-rated daily rental charge (1/30 of the monthly charge) shall be deducted from the monthly payments for any vehicle out of service for which no adequate replacement is provided for each day,or portion thereof exceeding 8 hours, that no adequate replacement is provided. The City at its sole discretion will determine which vehicle is considered as an adequate replacement. Should the City need to turn in a vehicle for any reason before the complete rental month, the successful Bidder shall invoice on a pro-rated basis.The pro-rated basis will be 1/30 of the monthly contract/bid rate. EXAMPLE Monthly contract/bid rate of$600=$20 per day x 30 days. Vehicle used for 15 days. $20 per day x 15 days=$300 for the use of that vehicle. The successful Bidder(s) must provide a minimum of 48 hours' notice to the Contract Administrator or designee,when they require a rental vehicle to be exchanged for another vehicle. C3.8 RENTAL REQUIREMENTS Upon request, the successful Bidder shall furnish the City of Miami Beach a statement of procedures which should be followed by the user of the rental vehicle when they experience a mechanical or other problem with the rental vehicles. ITB 2019-035-AG 29 Successful Bidder(s) shall maintain a sufficient number of vehicles on hand to meet the needs of the City with advanced reservations. The successful Bidder(s) shall ensure that reservations are not overbooked. If a reserved vehicle is not available at the time of pick-up by the City, the successful Bidder(s)shall substitute a vehicle of similar or better quality at no additional cost. C3.9 MODIFICATION OF VEHICLES The City may, at its own expense have the windows of any rented vehicle tinted. No charge will be . levied on the City for the removal of such tinting at any time. The City may at its own expense install any-electronics equipment it may deem necessary, providing said installations shall cause no permanent damage to the vehicles(s), (i.e. holes in sheet metal or dashboard area of car). C3.10 ACCEPTANCE The vehicles shall be maintained and delivered to the City in accordance to the conditions set forth in section C3.1. If a vehicle does not meet the conditions set forth in section 3.1, the vehicle shall be returned to the successful Bidder in exchange for a suitable vehicle. C3.11 ADVERTISING No emblem, logo, tag or other device or design promoting the contracting firm may be affixed in any manner to any vehicle furnished under this contract, except for emblems installed by manufacturer identifying manufacturer and model. C3.12 TOLLS AND MOVING VIOLATIONS Successful Bidder is not to pay any toll or red light violations. Successful Bidder is to provide notice of these toll or red light violations to the appropriate Contract Administrator for their follow- up. The City of Miami Beach will address these violations and provide a response to the Successful Bidder with proof of the action taken. If Successful Bidder chooses to.pay the summons/citations, the City of Miami Beach will not reimburse the Successful Bidder for the expense incurred. C3.13 INVOICES The Successful Bidder(s) shall submit monthly invoices to the Cityuser department(s) that requested the service through a purchase order. The invoices shall reflect the type of service provided to the City in the prior month. All invoices shall be complete and legible and, at a minimum,must contain the following data: • Driver's Name • Date and time vehicle was checked out • Date and time vehicle was checked in • Beginning mileage • Ending mileage • Miles driven • Vehicle rental rate per month . • Refueling: Number of gallons, price per gallon, and refueling service charge (if applicable) ITB 2019-035-AG 30 Reference and Past Performance: 1. Miami Dade County Elections a. Michael Martinez-Procurement b. Michael.Martinez2@miamidade.gov c. (305)499-8551 d. 2700 NW 87th Ave Doral,FL 33172 US . e. Provide Budget box trucks for the elections • 2. Broward County Supervisor of Elections a. Anthony Perez-Procurement b. Aperez@browardsoe.org V . c. (954)712-1957 d. 115 S.Andrews Ave, RM 2012 Ft. Lauderdale,FL 33301 US e. Provide Budget box trucks as well as cars/minivans during election season. 3. Pembroke Pines PD a. Gabriel Fernandez-Procurement b. gfernandez@ppines.com c. (954)518-9020 d. 8300 South Palm Dr. Pembroke.Pines, FL 33025 e. Provide officers with cars needed. avis budget group THIRD PARTY STANDARDS OF CONDUCT These Third Party Standards of Conduct ("Standards") represent Avis Budget Group's commitment to foster sustainable relationships with our business partners, agents, consultants, suppliers,and other third parties ("Third Party(ies)") and ensure that they uphold ethical standards and adhere to social and environmental responsibilities for the good of the communities that we serve and the promotion of human rights. Avis Budget Group expects that Third Parties, in all their activities, will comply with all applicable laws, rules and regulations of the countries and localities in which they operate, whether or not specifically referenced in these Standards. These Standards describe what we consider to be appropriate business conduct for Third Parties to ensure that they conduct their operations with a high degree of integrity, and in a socially and environmentally responsible manner. COMPLIANCE WITH LAWS AND REGULATION V'1 o Third Parties will comply with all applicable local, national and international laws, ✓ regulations, treaties and industry standards; including, without limitation, those pertaining to the manufacture, pricing, sale and distribution and safety of the relevant products and/or Ltd services. In the event therequirements of these Standards are stricter than applicable local, national or international law, Third Parties will comply with these Standards. However, if there is any conflict between the requirements of these Standards and the requirements of It) any applicable local, national or international law, the Third Party is to comply with the local, national or international law. Third Parties will notify Avis Budget Group in writing of any such conflicts. • LABOR AND HUMAN RIGHTS Child Labor Third Parties shall not use child labor unless it is part of a government-authorized job training O or apprenticeship program and then only in strict compliance with all applicable laws and U regulations. For the purposes of this clause'child labor means work that deprives persons under the age of 18 of their childhood, their potential and their dignity, and that is harmful to physical and mental development." Compensation and Work Hours At a minimum, Third Parties will comply with all applicable wage and hour laws and regulations, including those relating to minimum wages, overtime, maximum hours, piece rates and other elements of compensation, and provide legally mandated benefits. Forced Labor Third Parties shall not use forced labor, regardless of its form. Avis Budget Group will not tolerate physically abusive disciplinary practices. 1 I Page October 2016 (revised) avis budget group Harassment and Discrimination Avis Budget Group's mission is to create a culture and a business environment based upon transparency, inclusion, mutual respect, responsibility, and understanding. Third Parties will not discriminate in hiring and employment practices, including salary, benefits, advancement, discipline, termination or retirement, on the basis of race, religion, age, nationality, social or ethnic origin, sexual orientation, gender, marital status, political opinion, disability, or any other category protected by law. Third Parties will treat each employee with dignity and respect, and will not use corporal punishment, threats of violence or other forms of physical, sexual, psychological or verbal harassment, abuse or intimidation. HEALTH AND SAFETY Third Parties are expected to provide a safe working environment that supports accident • prevention and minimizes exposure to health risks. Third Parties are expected to comply with all applicable safety and health laws and regulations in the countries in which they operate. Avis Budget Group may, from time to time, request to audit such records. 0 SUSTAINABILITY N Protecting the Environment Third Parties must conduct business in an environmentally friendly and responsible manner. Third Parties should endeavor to reduce and minimize the environmental impact of all of their operations in the short term, and planning for long-term sustainability. Community Engagement Et Indigenous Populations Third Parties shall,consider the local community and the indigenous peoples regarding the impact that the Third Party's business will have on them. Third Parties should openly and honestly engage with local governments and communities to improve the educational, cultural, economic and social well-being of the communities in which they live and serve. ETHICS Business Integrity Corruption, bribery, extortion, embezzlement, and other questionable/inappropriate business practices, in any form are strictly prohibited. Third Parties shall not violate the Foreign Corrupt Practices Act (FCPA), the UK Bribery Act, any international anti-corruption conventions, and applicable anti-corruption laws and regulations of the countries in which they operate, and shall not engage in the practice of corruption, extortion or embezzlement in any form. Third Parties shall not offer bribes or other means to obtain an undue or improper advantage. Third Parties shall under no circumstances, tolerate the giving or receiving of undue reward to influence the behavior of another individual, organization, politician or government body, so as toacquire a commercial advantage; this extends to all operations, regardless of whether bribery is otherwise tolerated and condoned. Third Parties must conduct business in a fair, transparent and ethical manner at all times. Nothing in this 2 Page October 2016 (revised) anis budget group • Standards of Conduct shall be construed as intended to limit or restrict activities that may be otherwise lawful, including legally permissible campaign contributions to political parties and candidates. Conflict of Interest Third Parties are required to avoid any relationship or activity that might create or give the appearance of creating a conflict of interest. A conflict of interest would be (i) any set of circumstances where the proprietary or confidential information of Avis Budget Group could be comprised; or (ii) where the best interest of Avis Budget Group may be compromised in favor of yourself or another party. Dealing Honestly with other Third Parties Third Parties will deal honestly with other third parties, and provide accurate and complete information in all communications and representations. 'N 0 Disclosure of Information Q Third Parties must accurately record and disclose information regarding their business activities, structure, financial situation and performance in accordance with applicable laws, Lid rules and regulations. Protection of Intellectual Property and Confidential Information Third Parties must respect intellectual property rights; safeguard customer information; and transfer of technology and know-how must be done in a manner that protects intellectual property rights. Avis Budget Group is dedicated to complying with applicable laws concerning personalexpectedcomply proprietary, confidential and information. Third Parties are to com l with all applicable laws, rules and regulations governing the protection, use and disclosure of Avis •`-' Budget Group's proprietary, confidential and personal information. E Whistleblower Protection 0 U Third Parties must not tolerate any retaliation against any employee who makes a good faith report of an ethics violation or instances of abuse, intimidation, discrimination, harassment or any violation of law or of these Standards, or who assists in the investigation of any such a report. MANAGEMENT COMMITMENT Risk Assessment and Management Third Parties must strive towards the continual identification ofenvironment, health, safety, business ethics, labor, human rights, and legal compliance risks associated with their operations. Third Parties should periodically conduct self-evaluations to ensure that they are, along with their subcontractors, complying with these Standards. This ongoing risk assessment must be used by Third Parties to determine the relative significance of each risk, and implement appropriate procedures/controls to ensure that these risks are mitigated. If a 3 I Page October 2016 (revised) avis budget group • Third Party identifies a risk that cannot be mitigated, which has the potential to impact the products and/or services has provided to Avis Budget Group, Third Parties must notify Avis Budget Group of this risk in writing. Documents and Records Third Parties shall have processes to identify, monitor and understand applicable laws and regulations and the additional requirements imposed by these Standards. Third Parties shall obtain, maintain and keep current a valid business license and any other certifications as required by applicable laws and regulations. REPORTING QUESTIONABLE BEHAVIOR If you wish to report questionable behavior or a possible violation of the of these Standards or the Avis Budget Group Code of Conduct you are encouraged to contact our Business Ethics Et -n Compliance Team through any of the following methods: •N 4 Contact your Avis Budget Group contract manager or primary contact, CL. Send an email to: Integrity®avisbudget.corn or corporate.compliance@avisbudget.com > It) 4 Write to: Avis Budget Group,. Inc. . Attention: Business Ethics Et Compliance Team 6 Sylvan Way, Parsippany, NJ 07054 Avis Budget Group will maintain.confidentiality to the extent possible, and will not tolerate _ any retribution or retaliation taken against any individual who has, in good faith, sought out • advice or reported questionable behavior or a possible violation of these Standards of Conduct or the Company's Code of Conduct. 0 V Online Version The Avis Budget Group Third Party Standards of Conduct is available online at: http://www.avisbudgetgroup.com Avis Budget Group reserves the right to modify these Standards at any time. Therefore, you should check this website frequently to review the then-current Standards. • -4 I Page October 2016 (revised) Name of Lbatton .:'Address .-i <. s•`e.Contact Hours of Operation :- Phone Number::. Pick Up/.Drop OH' Note.;.>. David , Mon-Fri8am-6pm Sat.954966575610cell 954 Pembroke Pines - 7944 Pines Elvd Palmer 9-5,Sun 10.2 6614043 Yes mein Factillty Pembroke Plnes;FC33024. 2345.Flamingo Rd Pembroke Pines,FL33025 Jesus Mon-Fri 8am-6pm,Sat Flamingo Gonzalez 9-5,Sun 10-2 954-436-6453 Yes 12055 pines Blvd. • Pembroke Pines,FL 33026 15000 Sheridan Street Pembroke Pines,FL33331 Mon-Fri 8am-6pm,Sat Pembroke Pines Avis Jon Moricci 9-5,Sun 10-2 954-431-4217 No 23015E 17th Street Ft.Lauderdale,FL 33316 Alex Mon-Fri 8am-6pm,Sat Pier 66 Edmond 9-5,Sun 10-2 954-7134500 Yes 701 E.Sunrise Blvd Ft.Lauderdale,FL 33304 Alberto Mon-Fri 8am-6pm,Sat Avis Sunrise Morales 9-5,Sun 10-2 954-462-7400 No 1460 N Federal Hwy Ft.Lauderdale,FL 33304 Norman Mon-Fri 8am-6pm,Sat Sunrise ABG Jaichon 9.5,Sun 10.2 954-563-6739 No 1501 N State Rd 7 Hollywod,FL 33012 Scott Mon-Fri 8am-6pm,Sat AUG Hollywood Cuttler 9-5,Sun 10-2 954-894-5622 No 8000 W.Broward blvd Plantation,FL 33324 Stephen Mon-Fri 8am-6pm,Sat Pantation Supersad 9-5,Sun 10-2 954-916-9511 No 2475 University Dr. Coral Springs,FL33065 Rose Mon-Fri 8am-6pm,Sat Coral Springs Cortes 9-5,Sun 10-2 954-341-9736 No 1250 N.Federal HWY Pompano Beach,FL 33062 Pauline Mon-Fri Barn-6pm,Sat Pompano Budget. Lee 9-5,Sun 10-2 954-946-6911 No 1501 N.State Rd.7 Margate,FL 33063 Alex Mon-Fri 8am-6pm,Sat Margate ABG Edmond 9.5,Sun 10.2 954-978-9018 No 1661 N Dixie Highway, Mon-Fri 8am-6pm,Sat ABG Dixie Highway Pompano Beach,FL 33060 Judy Kaden 9-5,Sun 10-2 954-444-0571 Yes 6742 Collins AVE Miami,FL 33141 Jorge Mon-Fri 8am-6pm,Sat South Beach • Poyot 9-5,Sun 10-2 305-865-4447 No 6101 NW 74th ave Miami,FL 33168 ibis Mon-Fri 8am-6pm,Sat Budget of Miami Santana 9-5,Sun 10-2 305-885-6868 Yes 17375 Collins Ave. Sunny isles,FL 33160 Mary Mon-Fri 8am-6pm,Sat Sunny Isles Delgado 9-5,Sun 10-2 786-274-8511 Yes 19505 Biscayne Blvd. Aventura,FL 33180 Mon-Fri 8am-6pm,Sat 305-936-8055 Avis Avntura John Poyot 9-5,Sun 10-2 Yes 959 West Ave suite 6 Sam Miami Beach,FL33139 Santibanez Mon-Fri 8am-6pm,Sat Budget Miami Beach 9-5,Sun 10-2 305-674-8486 No 8330S.Dixie Hwy • Miami,FL 33143 Dadeland Stephanie Mon-Fri 8am-6pm,Sat Dadeland Arias 9-5,Sun 10-2 305-661-6414 No 30260 S.Dixie Hwy Pam Homestead,FL33033 Aladzeme Homestead 305-247-8896 No 6796SW 40th st Miami,FL 33155 Bird.RD Frank Bird Road Perez 305-667-3180 No 8350Mills Dr. Gus and Miami,FL33183 Erick Avis Kendall Fernandez 305-273-7226 No ATTACHMENT D INSURANCE REQUIREMENTS APPENDIX F MIAMB EAc HI Insurance Requirements 2019-035-AG Rental of Vehicles PROCUREMENT DEPARTMENT 1755 Meridian Avenue,3rd Floor Miami Beach,Florida 33139 liB 201943.-AU 35 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-$1,000,000 each occurrence-ownedlnon-ownedlhired automobiles included. 4. Excess Liability-$ .00 per occurrence to follow the primary coverages. XXX 5. The City must be named as and additional insured on the liabifity 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 76828,the Florida Constitution,and any other applicable Statutes. ITB 2019-035-AG 36