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Resolution 2022-32397 RESOLUTION NO. 2022-32397 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING, IN SUBSTANTIAL FORM, AMENDMENT NO. 1 TO CONTRACT NO. 21-094-01, BETWEEN THE CITY AND FRANMAR CORPORATION, PURSUANT TO INVITATION TO BID (ITB) NO. 2021-094-AY FOR BUS TRANSPORTATION SERVICES; SAID AMENDMENT INCREASING THE HOURLY RATE FOR SERVICES FROM $58.00 TO $80.00 PER HOUR, EFFECTIVE NOVEMBER 16, 2022, SUBJECT TO POSSIBLE ANNUAL RATE INCREASES, NOT TO EXCEED 3%, SUBJECT TO APPROVAL BY THE CITY MANAGER AND FUNDING AVAILABILITY; AND FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE THE AMENDMENT. WHEREAS, during the March 9, 2016 City Commission meeting, the City awarded two (2) contracts for bus transportation services, one to Franmar Corporation ("Franmar") and one to Air B School Bus Transportation, Inc. ("Air B") for a period of two (2) years and three (3) additional one (1) year renewals (Exhibit A); and WHEREAS, due to poor performance and failure to correct contract violations, on September 19, 2018, the City terminated the agreement with Air B, and since then, Franmar has been the primary provider for bus transportation for the City; and WHEREAS, the contract expired on March 8, 2021 and the contract was extended on a month to month basis until the City went out to bid; and WHEREAS, the Invitation To Bid ("ITB") No. 2021-094-AY for Bus Transportation Services was issued on March 16, 2021, with an opening date of April 13, 2021; and WHEREAS, bid notices were issued to 3,298 companies and the notices resulted in the receipt of one (1) bid from Franmar, offering the same rate of $58.00 per hour throughout Miami-Dade, Broward and Palm Beach counties; and WHEREAS, during the June 23, 2021 City Commission meeting, the City Commission accepted the recommendation of the City Manager pursuant to the ITB and awarded Contract No. 21-094-01 for bus transportation services (the "Contract") to Franmar (the "Contractor"), a copy of which is attached as Exhibit B to the City Commission Memorandum accompanying this Resolution; and WHEREAS, Contractor has always provided the City with great customer service; has a sufficiently large fleet, capable of meeting the needs of the City's Parks and Recreation Department (the "Department"); and is very accommodating in providing the City with bus services for its many programs and events for seniors, after school, summer camps, and other City initiatives, including, without limitation, such as the Veteran's Day Parade, Memorial Day, etc.; and WHEREAS, Contractor has expressed to the Department, that due to rising prices in labor, fuel and fleet, Contractor is no longer able to provide their services at the Contract rate of $58.00 per hour; and WHEREAS, based on research conducted by the Department, the hourly rate of $80.00 per hour is fair and equitable for both the City and Contractor, as it is in line with the hourly rate being charged by other vendors providing similar services, or less in some cases; and WHEREAS, a change in the hourly rate for the services requires an amendment to the Contract; and WHEREAS, as a result, the City Administration recommends amending the Contract to increase the hourly rate from $58.00 per hour to $80.00 per hour effective November 16, 2022 (Initial Effective Date of Adjustment); and WHEREAS, the amendment would also include possible annual increases to the hourly rate, commencing upon the one-year anniversary from the Initial Effective Date of Adjustment, based on a market evaluation conducted by the City Administration, or at the City Manager's option, the increase may be subject to the changes in the Miami-Fort Lauderdale- West Palm Beach, FL, CPI-U 12 month changes, all items index ("CPI"), not to exceed three percent (3%) or the actual market increase, whichever is smaller, as determined by the City Manager; and WHEREAS, any annual increase in the hourly rate would be subject to funding availability; and WHEREAS, the City Manager recommends approving, in substantial form, Amendment No. 1 the Contract, attached to the City Commission Memorandum accompanying this Resolution as Exhibit B; and further authorizing the City Manager to finalize and execute the Amendment. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby approve, in substantial form, Amendment No. 1 to Contract No. 21-094-01, between the City and Franmar Corporation, pursuant to Invitation to Bid (ITB) No. 2021-094-AY for bus transportation services; said Amendment increasing the hourly rate for services from $58.00 to $80.00 per hour, effective November 16, 2022, subject to possible annual rate increases, not to exceed 3%, subject to approval by the City Manager and funding availability; and further authorize the City Manager to execute the Amendment. PASSED and ADOPTED this 16th day of November 2022. Dan Gelber, Mayor ATTEST: 7.2d B, 9cl/ Rafael E. ranado, City Clerk G�� /'='K 2�;_=` APPROVED AS TO 2022 FORM & LANGUAGE & FOR EXECUTION City Attorney Date Resolutions-C7 J MIAMI BEACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Aline T. Hudak, City Manager DATE: November 16,2022 SUBJECT:A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING, IN SUBSTANTIAL FORM,AMENDMENT NO.. 1 TO CONTRACT NO. 21-094-01, BETWEEN THE CITY AND FRANMAR CORPORATION, PURSUANT TO INVITATION TO BID (ITB) 'NO. 2021-094-AY FOR BUS TRANSPORTATION SERVICES; SAID AMENDMENT INCREASING THE HOURLY RATE FOR SERVICES FROM $58.00 TO $80.00 PER HOUR, EFFECTIVE NOVEMBER 16, 2022, SUBJECT TO POSSIBLE ANNUAL RATE INCREASES, NOT TO EXCEED 3%, SUBJECT TO APPROVAL BY THE CITY MANAGER AND FUNDING AVAILABILITY; AND FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE THE AMENDMENT. RECOMMENDATION Approve amending Contract No.21-094-01 between the City of Miami Beach and Franmar Corporation, Inc.for bus transportation services, increasing the hourly rate from $58.00 per hour to $80.00 per hour, and further allowing for a rate evaluation and a possible increase on an annual basis during the life of the contract not to exceed the annual Consumer Price Index (CPI), subject to the Department's approved budget. BACKGROUND/HISTORY During the March 9, 2016 City Commission.meeting, the bus transportation services contract was awarded to Franmar Corporation, Inc. ("Franmar") and Air B School Bus Transportation, Inc. ("Air B")for a period of two (2)years and three (3)additional one (1)year renewals (Exhibit A). Due to poor performance and failure to correct contract violations,,on September 19, 2018 the City terminated the agreement between the City of Miami Beach and Air B for bus transportation services.Since then, Franmar has been the primary provider for bus transportation for the City. At the time of the contract's expiration on November 24, 2021, the City went out to bid. The Invitation To Bid ("ITB")was issued on March 16, 2021, with an opening date of April 13, 2021.. Bid notices were issued to 3,298 companies. The notices resulted in the receipt of one (1)bid from Franmar offering the same rate of $58.00 per hour throughout Miami-Dade, Broward and Palm Beach counties. The City felt confident with the proposal as Franmar has worked well with Page 627 of 1416 the City in the past, has a large fleet to fully service the City's needs and is very responsive. During the June 23, 2021 City Commission meeting, the Commission approved the City Manager's recommendation pursuant to the ITB to award Contract No. 21-094-01 (Exhibit B)to Franmar for bus transportation services. ANALYSIS Franmar has been in constant contact with the Parks and Recreation Department (the "Department") and has expressed that due to rising prices in labor, fuel and fleet, they are no longer able to provide their services at the contract rate of $58.00 per hour. City staff has been communicating with Franmar and based on research conducted with other providers in South Florida, staff agrees that an increase is justified. The Department's research found that an hourly rate of $80.00 per hour is fair and equitable for both the City and the Contractor, as it is in line with what other vendors are charging, or less in some cases. A change in rate requires an amendment to the contract. As a result, the Department recommends amending the current contract to increase the hourly rate from $58.00 per hour to $80.00 per hour effective immediately. Franmar has always provided the City with great customer service, has a sufficient fleet for all of the Department's requests, and is very accommodating in providing the City with bus services for its many programs and events for seniors, after school, summer camps and other City initiatives such as the Veteran's Day Parade, Memorial Day, etc. The amendment would also include for the hourly rate to be evaluated for a possible increase not to exceed the annual Consumer Price Index(CPI)on an annual basis versus at the time of renewal. Any increase is subject to the Department's approved annual budget for bus transportation. SUPPORTING SURVEY DATA N/A FINANCIAL INFORMATION The Parks and Recreation Department has an approved budget for bus transportation. The approved budget has sufficient funds for the requested increase. Amount(s)IAccount(s): 011-0950-000349-28-406-545-00-00-00- Applicable Area Not Applicable Is this a"Residents Right Does this item utilize G.O. to Know" item, pursuant to Bond Funds? City Code Section 2-14? No No Strategic Connection Non-Applicable Page 628 of 1416 Legislative Tracking Parks and Recreation ATTACHMENTS: Description o Exhibit B—Contract No. 21-094-01 o Exhibit A—Contract No. 2016-031-ITB-AK o Resolution Page 629 of 1416 DocuSign Envelope ID:C5E4CD24-48BA-457F-9D02-A83C8F06C38C CONTRACT NO. 21-094-01 MIAMIBEACH City of Miami Beach, 1755 Meridian Avenue,3`d Floor,Miami Beach,Florida 33139,www.miamibeachfl.gov PROCUREMENT DEPARTMENT Tel: 305-673-7490,Fax:786-394-4235 SENT VIA E-MAIL TO: bookinq(a.franmarbus.com July 16, 2021 Fran Martinelli Franmar Corporation 19301 SW 108 Avenue Miami, FL 33157 Phone: 305-878-4912 RE: NOTICE OF AWARD OF CONTRACT PURSUANT TO INVITATION TO BID (ITB) NO. 2021-094-AY FOR BUS TRANSPORTATION SERVICES Dear Mr. Martinelli: On April 13, 2021 Franmar Corporation (the"Contractor")submitted to the City of Miami Beach, Florida (the "City") a bid in response to the above-referenced ITB. The ITB stipulates, pursuant • to Section 0200, Sub-Section 16, Binding Contract, that the approval of the City Manager's recommendation by the Mayor and City Commission shall constitute a binding Contract between the City and the awarded bidder. Accordingly,this letter shall serve as official notice from the City that the Mayor and Commission, at its June 23, 2021 meeting, approved the City Manager's recommendation pursuant to the ITB, to award a contract to Franmar Corporation for bus transportation services. It is important to note that no services may be performed until such time as insurance has been received pursuant to the ITB and the City has issued a Purchase Order. If you have any questions regarding this letter of notification of award, you may contact Valerie Velez,Contract Analyst, Procurement Department, at valerievelezamiamibeachfl.gov or at 305- 673-7490 ext. 26905. Otherwise, all other questions should be addressed to the Contract Manager for this contract, Vianca Peron-Sellan, Parks & Recreation Department, at viancaperon-sellanmiamibeachfl.qov or 305-673-7730 ext. 26876. Sincerely, LDocuSigned by: UCK IA7s 9207E7A769EE4CD... Alex Denis Director Procurement Department AD/MENU We are committed to providing excellent public service and s�el d6r Qfe1446.and play in our vibrant, tropical,historic community. DocuSign Envelope ID:C5E4CD24-48BA-457F-9D02-A83C8F06C38C . . `, ( SOLICITATION TERMS AND CONDITIONS - SERVICES (April 13, 2020) 1.GENERAL DISCLAIMERS. a.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 Bids made pursuant to this solicitation,or in making any award,or in failing or refusing to make any award pursuant to such Bids,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 bids,may accept or reject bids,and may accept bids 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 Bids in response to this solicitation. b.The information contained herein is provided solely for the convenience of prospective Bidders.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.Bidders 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 Bid conforming to these requirements will be selected for consideration,negotiation, or approval. c.Bidders are hereby advised that this solicitation is subject to the following ordinances/resolutions(if applicable),which may be found on the City Of Miami Beach website:httos://www.miamibeachfl.aov/citv-hall/DrocuremenUprocurement-related-ordinance-and-procedures/ "CONE OF SILENCE—SECTION 2-486 "PROTEST PROCEDURES—CODE SECTION 2-371 •DEBARMENT PROCEEDINGS-SECTIONS 2-397 THROUGH 2-485.3 "LOBBYIST REGISTRATION AND DISCLOSURE OF FEES—SECTIONS 2-481 THROUGH 2-406 "CAMPAIGN CONTRIBUTIONS BY VENDORS—SECTION 2-487 "CAMPAIGN CONTRIBUTIONS —SECTION 2-488 "EQUAL BENEFITS FOR DOMESTIC PARTNERS—SECTION 2-373 •LIVING WAGE REQUIREMENT—SECTIONS 2-407 THROUGH 2-410 •FALSE CLAIMS ORDINANCE—SECTION 70-300 •ACCEPTANCE OF GIFTS,FAVORS&SERVICES—SECTION 2-449 2.PUBLIC ENTITY CRIME.A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crimes may not submit a bid on a contract to provide any services to a public entity,may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work,may not submit a bid on leases of real property to public entity,may not be awarded or perform work as a contractor,supplier,sub-contractor,or consultant under a contract with a public entity,and may not transact business with any public entity in excess of the threshold amount provided in Sec.287.017,for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. 3.COMPLIANCE WITH THE CITY'S LOBBYIST LAWS.This solicitation is subject to,and all bidders are expected to be or become familiar with,all City lobbyist laws.Bidders shall be solely responsible for ensuring that all City lobbyist laws are complied with,and shall be subject to any and all sanctions,as prescribed therein,including,without limitation,disqualification of their responses,in the event of such non-compliance. 4.DEBARMENT ORDINANCE:This solicitation is subject to,and all bidders are expected to be or become familiar with,the City's Debarment Ordinance as codified in Sections 2-397 through 2-406 of the City Code. 5.COMPLIANCE WITH THE CITY'S CAMPAIGN FINANCE REFORM LAWS.This solicitation is subject to,and all bidders 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.Bidders 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 responses,in the event of such non-compliance. 6.CODE OF BUSINESS ETHICS.Pursuant to City Resolution No.2000-37379,the bidder shall adopt a Code of Business Ethics("Code")and submit that Code to the Procurement Division with its response or within five(5)days upon receipt of request.The Code shall,at a minimum, require the bidder,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. 7.AMERICANS WITH DISABILITIES ACT(ADAL.Call 305-673-7490 to request material in accessible format;sign language interpreters(five (5)days in advance when possible),or information on access for persons with disabilities.For more information on ADA compliance,please call the Public Works Department,at 305-673-7000,Extension 2984. 8.POSTPONEMENT OF DUE DATE FOR RECEIPT OF BIDS.The City reserves the right to postpone the deadline for submittal of bids and will 1 I Solicitation Terms and Conditions—Services(April 13, 2020) Page 631 of 1416 DocuSign Envelope ID:C5E4CD24-48BA-457F-9D02-A83C8F06C38C SOLICITATION TERMS AND CONDITIONS - SERVICES (April 13, 2020) make a reasonable effort to give at least three(3)calendar days written notice of any such postponement to all prospective bidders through BidSync. 9.PROTESTS.Any protest concerning the specifications or award of this solicitation shall be in accordance with City Code Section 2-371. Protests not submitted in a timely manner pursuant to the requirements of City Code Section 2-371 shall be barred. 10.JOINT VENTURES/SINGLE PURPOSE ENTITY. Joint Ventures are not allowed.Bids shall be submitted only by the prime contractor.Bids may,however,identify other sub-contractors or sub-consultants to the prime Bidder who may serve as team members. 11.VETERAN BUSINESS ENTERPRISES PREFERENCE.Pursuant to City Code Section 2-374,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 responsive,responsible bidder,by providing such bidder an opportunity of providing said contractual services for the lowest responsive bid amount(or in this solicitation,the highest 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 solicitation or oral or written request for quotation,and such bids are responsive,responsible and otherwise equal with respect to quality and service,then the award shall be made to the service- disabled veteran business enterprise. 12.AGREEMENT BY BIDDERS.Any individual that submits a bid in response to this solicitation agrees that any action taken by the City in response to bids made pursuant to this solicitation,or in making any award,or in failing or refusing to make any award pursuant to such Bids,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. The City may,at its sole and absolute discretion,reject any and all,or parts of any and all,responses;re-advertise this solicitation;postpone or cancel, at any time, this solicitation process;or waive any irregularities in this solicitation, or in any responses received as a result of this solicitation. Reasonable efforts will be made to either award the bidder the contract or reject all bids within one-hundred twenty(120)calendar days after Bid opening date.In accordance with Section 47 below,a bidder may withdraw its bid after expiration of one hundred twenty(120)calendar days from the date of bid opening,by delivering written notice of withdrawal to the Procurement Department. 13.COSTS INCURRED BY BIDDERS.All expenses involved with the preparation and submission of Bids,or any work performed in connection therewith,shall be the sole responsibility(and shall be at the sole cost and expense)of the bidder,and shall not be reimbursed by the City. 14.OCCUPATIONAL HEALTH AND SAFETY.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. 15.TAXES.The City of Miami Beach is exempt from all Federal Excise and State taxes. 16.MISTAKES.Bidders are expected to examine the terms,conditions,specifications,delivery schedules,proposed pricing,and all instructions pertaining to the services relative to this solicitation. Failure to do so will be at the Bidder's risk and may result in the Bid being non-responsive. 17. PAYMENT. Payment will be made by the City after the services have been received, inspected, and found to comply with contract specifications,free of damage or defect,and are properly invoiced. 18. PATENTS & ROYALTIES. 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. 19.DEFAULT.Failure or refusal of the successful Bidder to execute a contract following approval of such contract by the City Commission,or untimely withdrawal of a bid response before such award is made and approved,may result in a claim for damages by the City,and may be grounds for removing the Bidder from the City's vendor list. 20.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.Lack of knowledge or ignorance by the bidder with/of applicable 2 I Solicitation Terms and Conditions—Services(April 13, 2020) Page 632 of 1416 DocuSign Envelope ID:C5E4CD24-48BA-457F-9D02-A83C8F06C38C • SOLICITATION TERMS AND CONDITIONS - SERVICES (April 13, 2020) laws will in no way be a cause for relief from responsibility.Bidder agrees that the work and 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. 21.SPECIAL CONDITIONS.Any and all Special Conditions that may vary from these General Terms and Conditions shall have precedence. 22.NON-DISCRIMINATION.The bidder certifies that it is in compliance with the non-discrimination clause contained in Section 202,Executive Order 11246,as amended by Executive Order 11375,relative to equal employment opportunity for all persons without regard to race,color, religion,sex or national origin. In accordance with the City's Human Rights Ordinance,codified in Chapter 62 of the City Code, bidder shall prohibit discrimination by reason of race,color,national origin,religion,sex,intersexuality,gender identity,sexual orientation,disability,marital and familial status,age,ancestry,height,weight,domestic partner status,labor organization membership,familial situation,and political affiliation. 23.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 as described in this solicitation. 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 solicitation. 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. 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 bidder to show proof that it has 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 comply with contractual obligations 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. 24.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. 25.LAWS,PERMITS AND REGULATIONS.The bidder shall obtain and pay for all licenses,permits,and inspection fees required to complete the work and shall comply with all applicable laws. 26.OPTIONAL CONTRACT USAGE.When the successful Bidder 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. 27.VOLUME OF WORK.To the extent applicable, it is the intent of the City to purchase the services specifically listed in this solicitation. However,the City reserves the right to purchase any services awarded from State or other governmental contracts,or on an as-needed basis through the City's spot market purchase provisions. 28.DISPUTES.In the event of a conflict between the documents,the order of priority of the documents shall be as follows: A. Any contract or agreement resulting from the award of this solicitation;then B. Addendum issued for this solicitation,with the latest Addendum taking precedence;then C. The solicitation;then D. The bidder's bid in response to the solicitation. 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. 29.INDEMNIFICATION.The 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 3 I Solicitation Terms and Conditions—Services(April 13, 2020) Page 633 of 1416 DocuSign Envelope ID:C5E4CD24 48BA-457F-9D02-A83C8F06C38C SOLICITATION TERMS AND CONDITIONS - SERVICES (April 13, 2020) 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 Bidder or its employees,agents,servants,partners,principals or subcontractors. The 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 Bidder expressly understands and agrees that any insurance protection required by any agreement with the City or otherwise provided by the 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. 30. FLORIDA PUBLIC RECORDS LAW. Bidders are hereby notified that all bids including,without limitation, any and all information and documentation submitted therewith,are exempt from public records requirements under Section 119.07(1),Florida Statutes,and s.24(a),Art.1 of the State Constitution until such time as the City provides notice of an intended decision or until thirty(30)days after opening of the bids, whichever is earlier.Additionally,Bidder 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 Bidder 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. 31.OBSERVANCE OF LAWS.Bidders are expected to be familiar with,and comply with,all Federal,State,County,and City laws,ordinances, codes,rules and regulations,and all orders and decrees of bodies or tribunals having jurisdiction or authority which,in any manner,may affect the scope of services and/or project contemplated by this solicitation(including,without limitation,the Americans with Disabilities Act,Title VII of the Civil Rights Act,the EEOC Uniform Guidelines,and all EEO regulations and guidelines).Ignorance of the law(s)on the part of the Bidder will in no way relieve it from responsibility for compliance. 32.CONFLICT OF INTEREST.All bidders must disclose,in their Bid,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 bidders must disclose the name of any City employee who owns,either directly or indirectly,an interest of ten(10%)percent or more in the bidder entity or any of its affiliates. 33.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 180 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. 34.EXCEPTIONS TO SOLICITATION.Bidders must clearly indicate any exceptions they wish to take to any of the terms in the solicitation,and outline what,if any,alternative is being offered. All exceptions and alternatives shall be included and clearly delineated,in writing,in the bid submittal. The City,at its sole and absolute discretion,may accept or reject any or all exceptions and alternatives. In cases in which exceptions and alternatives are rejected,the City shall require the bidder to comply with the particular term and/or condition of the solicitation to which bidder took exception to(as said term and/or condition was originally set forth in the solicitation and any exhibits or Addenda thereto). 35.ACCEPTANCE OF GIFTS.FAVORS.SERVICES. Bidders shall not offer any gratuities,favors,or anything of monetary value to any official, employee,or agent of the City,for the purpose of influencing consideration of this Bid. Pursuant to Sec.2-449 of the City Code,no officer or employee of the City shall accept any gift,favor or service that might reasonably tend improperly to influence him in the discharge of his official duties. 36.SUPPLEMENTAL INFORMATION.City reserves the right to request supplemental information from bidders at any time during the solicitation process,unless otherwise noted herein. 37.ENVIRONMENTAL REGULATIONS.The City reserves the right to consider a Bidder's history of citations and/or violations of environmental regulations in investigating a Bidder's responsibility,and further reserves the right to declare a Bidder not responsible if the history of violations warrants such determination in the opinion of the City.Bidder shall submit with its proposal,a complete history of all citations and/or violations, notices and dispositions thereof.The non-submission of any such documentation shall be deemed to be an affirmation by the Bidder that there are no citations or violations. Bidder shall notify the City immediately of notice of any citation or violation which bidder may receive after the proposal opening date and during the time of performance of any contract awarded to it. 4 ( Solicitation Terms and Conditions—Services(April 13, 2020) Page 634 of 1416 DocuSign Envelope ID:C5E4CD24-48BA-457F-9D02-A83C8F06C38C SOLICITATION TERMS AND CONDITIONS - SERVICES (April 13, 2020) 38.RELATIONSHIP TO THE CITY.It is the intent of the City,and Bidder's hereby acknowledge and agree,that the successful Bidder is considered to be an independent contractor,and that neither the Bidder,nor the Bidder's employees,agents,and/or contractors,shall,under any circumstances,be considered employees or agents of the City. 39.INSPECTOR GENERAL AUDIT RIGHTS A. Pursuant to Section 2-256 of the Code of the City of Miami Beach,the City has established the Office of the Inspector General which may,on a random basis,perform reviews,audits,inspections and investigations on all City contracts,throughout the duration of said contracts. This random audit is separate and distinct from any other audit performed by or on behalf of the City. B. The Office of the Inspector General is authorized to investigate City affairs and empowered to review past,present and proposed City programs,accounts,records,contracts and transactions.In addition,the Inspector General has the power to subpoena witnesses, administer oaths,require the production of witnesses and monitor City projects and programs.Monitoring of an existing City project or program may include a report concerning whether the project is on time,within budget and in conformance with the contract documents and applicable law.The Inspector General shall have the power to audit,investigate,monitor,oversee,inspect and review operations, activities, performance and procurement process including but not limited to project design, bid specifications, (bid/proposal)submittals,activities of the Contractor,its officers,agents and employees,lobbyists,City staff and elected officials to ensure compliance with the Contract Documents and to detect fraud and corruption. Pursuant to Section 2-378 of the City Code,the City is allocating a percentage of its overall annual contract expenditures to fund the activities and operations of the Office of Inspector General. C. Upon ten(10)days written notice to the Contractor,the Contractor shall make all requested records and documents available to the Inspector General for inspection and copying.The Inspector General is empowered to retain the services of independent private sector auditors to audit, investigate, monitor,oversee, inspect and review operations activities, performance and procurement process including but not limited to project design,bid specifications,(bid/proposal)submittals,activities of the Contractor,its officers,agents and employees,lobbyists,City staff and elected officials to ensure compliance with the contract documents and to detect fraud and corruption. D. The Inspector General shall have the right to inspect and copy all documents and records in the Contractor's possession,custody or control which in the Inspector General's sole judgment,pertain to performance of the contract,including,but not limited to original estimate files, change order estimate files,worksheets, proposals and agreements from and with successful subcontractors and suppliers,all project-related correspondence,memoranda,instructions,financial documents,construction documents,(bid/proposal) and contract documents, back-change documents, all documents and records which involve cash, trade or volume discounts, insurance proceeds,rebates,or dividends received,payroll and personnel records and supporting documentation for the aforesaid documents and records. E. The Contractor shall make available at its office at all reasonable times the records,materials,and other evidence regarding the acquisition(bid preparation)and performance of this contract,for examination,audit,or reproduction,until three(3)years after final payment under this contract or for any longer period required by statute or by other clauses of this contract.In addition: i. If this contract is completely or partially terminated,the Contractor shall make available records relating to the work terminated until three(3)years after any resulting final termination settlement;and ii. The Contractor shall make available records relating to appeals or to litigation or the settlement of claims arising under or relating to this contract until such appeals,litigation,or claims are finally resolved. F. The provisions in this section shall apply to the Contractor, its officers, agents, employees, subcontractors and suppliers. The Contractor shall incorporate the provisions in this section in all subcontracts and all other agreements executed by the Contractor in connection with the performance of this contract. G. Nothing in this section shall impair any independent right to the City to conduct audits or investigative activities.The provisions of this section are neither intended nor shall they be construed to impose any liability on the City by the Contractor or third parties. Balance of Page Intentionally Left Blank 5 I Solicitation Terms and Conditions—Services(April 13, 2020) Page 635 of 1416 DocuSign Envelope ID:C5E4CD24-48BA-457F-9D02-A83C8F06C38C Contract Provisions for Non-Federal Entity Contracts Under Federal Awards The following provisions shall be applicable to the Contract and shall supersede any conflicting provisions contained elsewhere in the Contract. A. BREACHES AND DISPUTE RESOLUTION. For all purchases in excess of the simplified acquisition threshold, currently$150,000,the following provisions shall apply: (1) Disputes and Remedies-Disputes arising in the performance of this Contract which are not resolved by the Contractor and the City's project manager or contractor manager, shall be referred, in writing, to the authorized representative of the City Mayor for a decision. If there is a disagreement among the parties regarding the decision of the City Mayor's representative, then either party may submit any claim, counterclaim, dispute and other matters in question between the City and the Contractor arising out of or relating to this Contract or its breach to a court of competent jurisdiction within The City of Miami Beach. (2) Performance During Dispute-Unless otherwise directed by the City,Contractor shall continue performance under this Contract while matters in dispute are being resolved. (3) Claims for Damages - Should either party to the Contract suffer injury or damage to person or property because of any act or omission of the party or of any of his employees, agents or others for whose acts he is legally liable, a claim for damages therefore shall be made in writing to such other party within a reasonable time after the first observance of such injury of damage. B.TERMINATION FOR CONVENIENCE The City, at its sole discretion, reserves the right to terminate this Contract without cause upon thirty(30) days written notice.Upon receipt of such notice,the Contractor shall not incur any additional costs under this Contract. The City shall be liable only for reasonable costs incurred by the Contractor prior to notice of termination.The City shall be the sole judge of"reasonable costs." C. DEFAULT;REMEDIES;TERMINATION FOR CAUSE The City reserves the right to terminate this Contract, in part or in whole, or place the Contractor on probation, or to avail itself of all other remedies available at law and equity, inclusive injunctive relief and specific performance, in the event the Contractor fails to perform in accordance with the terms and conditions stated herein. Following breach of the Contract by the Contractor, the City shall provide written notice specifying the breach to the Contractor and advising the Contractor that the breach must be cured immediately or this Agreement may be terminated by the City. The City reserves the right to avail itself of any and all remedies available at law or at equity,including claims for damages and injunctive relief.The City further reserves the right to suspend or debar the Contractor in accordance with the appropriate City ordinances, resolutions and/or administrative/implementing orders. The vendor will be notified by letter of the City's intent to terminate if, following the initial notice of breach,the Contractor fails to timely or adequately and to the satisfaction of the City cure said breach. In the event of termination for default,the City may procure the required goods and/or services from any source and use any method deemed in its best interest.All re-procurement costs shall be borne by the terminated Contractor. Page 636 of 1416 DocuSign Envelope ID:C5E4CD24-48BA-457F-9D02-A83C8F06C38C D.EQUAL EMPLOYMENT OPPORTUNITY (1) In connection with the performance of this Contract, the Contractor shall not discriminate against any employee or applicant for employment because of race,religion,color,sex,age,disability,ancestry,marital status, pregnancy,sexual orientation,veteran's status,or national origin.The Contractor shall take affirmative action to ensure that applicants are employed,and that employees are treated during employment,without regard to their race, religion, color, sex, age, disability, ancestry, marital status, pregnancy, sexual orientation, veteran's status, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, promotion, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeships. Contractor further agrees to insert a similar provision in all subcontracts, except subcontracts for standard commercial supplies or raw materials. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by MDC setting forth the provisions of this Equal Opportunity clause. (2) The Contractor shall, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color,religion,sex,sexual orientation,gender identity,or national origin. (3) The Contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant.This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information,unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the Contractor's legal duty to furnish information. (4) The Contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (5) The Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations,and relevant orders of the Secretary of Labor. (6) The Contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965,and by rules,regulations,and orders of the Secretary of Labor, or pursuant thereto,and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules,regulations,and orders. (7) In the event of the Contractor's noncompliance with the Equal Opportunity clauses of this Contract or with any of the said rules, regulations,or orders,this contract may be canceled,terminated,or suspended in whole or in part and the Contractor may be declared ineligible for further government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965,and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965,or by rule, regulation,or order of the Secretary of Labor,or as otherwise provided by law. (8) The Contractor will include the provisions of this Equal Opportunity clause in every subcontract or purchase order unless exempted by rules,regulations,or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each of Contractor's vendors and subcontractors. The Contractor will take such action with respect to any subcontract or purchase order as the City may direct as a means of enforcing such provisions,including sanctions for noncompliance. Page 637 of 1416 DocuSign Envelope ID:C5E4CD24-48BA-457F-9D02-A83C8F06C38C E.DAVIS-BACON ACT,AS AMENDED(40 U.S.C.§3141-3148)and COPELAND"ANTI-KICKBACK"ACT(18 USC§40 U.S.C.3145).The Davis-Bacon Act and the Copeland Anti-Kickback Act only apply to the emergency Management Preparedness Grant Program, Homeland Security Grant Program, Nonprofit Security Grant Program, Tribal Homeland Security Grant Program, Port Security Grant Program,and Transit Security Grant Program.They do not apply to other FEMA grant and cooperative agreement programs, including the Public Assistance Program. Accordingly, if applicable to this Contract: (1)All prime construction contracts in excess of$2,000 awarded by non-Federal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. §§ 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction"). a) In accordance with the statute,and if applicable,the Contractor must pay all laborers and mechanics employed or working upon the site of the work, unconditionally and not less often than once a week,and without subsequent deduction or rebate on any account(except such payroll deductions as are permitted by regulations issued by the Secretary of Labor pursuant to 29 CFR part 3),the full amount of wages and bona fide fringe benefits(or cash equivalents thereof)at rates not less than the prevailing wages specified in a wage determination made by the Secretary of Labor.In addition,contractors must be required to pay wages not less than once a week.The City will attach a copy of the current prevailing wage determination issued by the Department of Labor to this form. b) Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1(b)(2) of the Davis—Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of paragraph (a)(1)(iv) of 29 CFR §5.5; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period.Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed,without regard to skill,except as provided in 29 CFR§5.5(a)(4). c) Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, that the employer's payroll records accurately set forth the time spent in each classification in which work is performed.The wage determination (including any additional classification and wage rates conformed under paragraph (a)(1)(ii) of 29 CFR § 5.5) and the Davis—Bacon poster (WH-1321) shall be posted at all times by the Contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. (2)The Contractor shall comply with 18 U.S.C. §874,40 U.S.C.§3145,and the requirements of 29 C.F.R. pt.3 as may be applicable,which are incorporated by reference into this Contract. Contractors and Subcontractors are prohibited from inducing, by any means, any person employed in the construction,completion, or repair of public work,to give up any part of the compensation to which he or she is otherwise entitled. The Contractor or subcontractor shall insert in any subcontracts the clause in these subparagraphs (G)(1) and (2), and also a clause requiring the subcontractors to include this clause in any lower tier subcontracts. The Contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with this clause. A breach of this clause may be grounds for termination of the Contract, and for debarment as a contractor and subcontractor as provided in 29 C.F.R.§5.12. Page 638 of 1416 DocuSign Envelope ID:C5E4CD24-48BA-457F-9D02-A83C8F06C38C F.CONTRACT WORK HOURS AND SAFETY STANDARDS ACT OF 1962,40 U.S.C.§§3702 AND 3704. If applicable, the Contractor and all of its subcontractors shall comply with the Contract Work Hours and Safety Standards Act of 1962,40 U.S.C. §§ 3702 and 3704, requiring that mechanics and laborers (including watchmen and guards)employed on federally assisted contracts be paid wages of not less than one and one-half times their basic wage rates for all hours worked in excess of forty hours in a workweek. In the event of any violation of the preceding clause,the Contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, the Contractor and subcontractor shall be liable to the City for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth herein, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required. The City shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld,from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor,or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act,which is held by the same prime contractor,such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided herein. The Contractor or subcontractor shall insert in any subcontracts this clause set forth in subsection (F) herein also a clause requiring the subcontractors to include this clause in any lower tier subcontracts.The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in herein. G.RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR AWARD. If the Federal award meets the definition of"funding agreement" under 37 CFR§401.2(a)and the City wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental,developmental, or research work under that"funding agreement," the City must comply with the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants,Contracts and Cooperative Agreements,"and any implementing regulations issued by the awarding agency. H. THE CLEAN AIR ACT OF 1955, as amended, 42 U.S.C. §§7401-7671q and the FEDERAL WATER POLLUTION CONTROL ACT,as amended,33 U.S.C.§§1251-1387. (1) The Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended,42 U.S.C. § 7401 et seq. and issued pursuant to the Federal Water Pollution Control Act,as amended, 33 USC§1251 et.seq. (2) The Contractor agrees to report each violation to the City and understands and agrees that the City will, in turn,report each violation as required to assure notification to the City,Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. (3) The Contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA. I. ENERGY CONSERVATION. Contractor agrees to comply with mandatory standards and policies relating to energy efficiency which are contained in the State energy conservation plan issued in compliance with the Energy Policy and Conservation Act(42 U.S.C.Section 6321 et seq.)and(42 U.S.C.6201). Page 639 of 1416 DocuSign Envelope ID:C5E4CD24-48BA-457F-9D02-A83C8F06C38C J.CERTIFICATION REGARDING DEBARMENT,SUSPENSION,INELIGIBILITY AND VOLUNTARY EXCLUSION. (1) This Contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such the Contractor is required to verify that none of the Contractor, its principals(defined at 2 C.F.R. § 180.995),or its affiliates(defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935).The Contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into.This certification is a material representation.of fact relied upon by the City.If it is later determined that the Contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt.3000,subpart C, in addition to remedies available to the City, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment.The Contractor agrees to comply with the requirements of 2 C.F.R.pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and shall include a provision requiring such compliance in its lower tier covered transactions. (2) By signing and submitting this form,the Contractor shall also execute and provide the City with,and require all lower tiered contractors to also execute, the certification set out in "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion Lower tier Covered Transaction" attached hereto. The Contractor shall require all lower tier participants to agree that they:a.shall not knowingly enter into any lower tier covered transaction with a person who is debarred,suspended,declared ineligible,or voluntarily excluded from participation in this covered transaction, unless authorized in writing by the City; and ii.they will include this clause titled"Certification Regarding Debarment,Suspension,Ineligibility and Voluntary Exclusion",and the certification form, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions.The Contractor may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not debarred,suspended,ineligible,or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. The Contractor may decide the method and frequency by which it determines the eligibility of its principals.The Contractor may,but is not required to check the Non-procurement List issued by U.S. General Service Administration. Nothing contained in the foregoing shall be construed to require establishment of system of records in order to render in good faith the certification required by this clause. The knowledge and information of the Contractor and any other participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. If the Contractor or any other lower tier participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to all remedies available to the Federal Government, the City may pursue available remedies including suspension and/or debarment. K.BYRD ANTI-LOBBYING CERTIFICATION AND DISCLOSURE STATEMENTS. Contractors who apply or bid for or have received an award of $100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency,a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient. Page 640 of 1416 DocuSign Envelope ID:C5E4CD24-48BA-457F-9D02-A83C8F06C38C L.RECYCLEDPRODUCTS/RECOVERED MATERIALS The Contractor agrees to comply with all the requirements of Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act (42 U.S.C. § 6962), including but not limited to, the regulatory provisions of 40 CFR Part 247, and Executive Order 12873, as they apply to the procurement of the items designated in Subpart B of 40 CFR Part 247.AII goods and/or services to be purchased as a result of any award under this Contract shall be in accordance with all applicable governmental standards, including, but not limited to those issued by the Occupation Safety and Health Administration (OSHA), the National Institute of Safety Hazards (NIOSH), and the National Fire Protection Association (NFPA). It shall be the responsibility of the Contractor and vendors to be regularly informed to conform to any changes in standards issued by any regulatory agencies that govern the commodities or services applicable to this solicitation, during the term of any contract resulting from this solicitation. In the performance of this Contract, the Contractor shall make maximum use of products containing recovered materials that are EPA-designated items unless the product cannot be acquired: (1) Competitively within a timeframe providing for compliance with the contract performance schedule; (2) Meeting Contract performance requirements;or(3)At a reasonable price. Information about this requirement, along with the list of EPA-designated items, is available at EPA's Comprehensive Procurement Guidelines web site, https://www.epa.gov/smm/regulatory- background- comprehensive-procurement-guideline-program-cpg. M.CONTRACTING WITH SMALL AND MINORITY BUSINESS,WOMEN'S BUSINESS ENTERPRISES,AND LABOR SURPLUS AREA FIRMS,C.F.R.§200.321(G). Pursuant to C.F.R.200.321(g),the City will take all necessary affirmative steps to assure that minority businesses,women's business enterprises,and labor surplus area firms are used when possible.Affirmative steps must include: (1) Placing qualified small and minority businesses and women's business enterprises on solicitation lists; (2) Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; (3) Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses,and women's business enterprises; (4) Establishing delivery schedules, where the requirement permits,which encourage participation by small and minority businesses,and women's business enterprises; (5) Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce;an (6) Requiring the prime contractor, if subcontracts are to be let, to take the affirmative steps listed in paragraphs(1)through (5)above. N.ACCESS TO RECORDS. In addition to the provisions contained in the Contract,the following access to records requirements apply to this Contract: (1)The Contractor agrees to provide the City,the FEMA Administrator,the Comptroller General of the United States,or any of their authorized representatives access to any books,documents, papers,and records of the Contractor which are directly pertinent to this Contract for the purposes of making audits, examinations, excerpts,and transcriptions. (2) The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. (3) The Contractor agrees to provide the FEMA Administrator or his authorized representatives access to construction or other work sites pertaining to the work being completed under the Contract. Page 641 of 1416 DocuSign Envelope ID:C5E4CD24-48BA-457F-9D02-A63C8F06C38C O. PROGRAM FRAUD AND FALSE OF FRAUDULENT STATEMENTS OF RELATED ACTS. The Contractor hereby acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the Contractor's actions pertaining to the Contract. • P. DHS SEAL, LOGO,AND FLAGS.The Contractor shall not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA pre-approval. Q.COMPLIANCE WITH FEDERAL LAW,REGULATIONS,AND EXECUTIVE ORDERS.This is an acknowledgement that FEMA financial assistance may be used to fund all or a portion of the Contract.The Contractor will comply with all applicable Federal law,regulations,executive orders, FEMA policies,procedures,and directives. R.NO OBLIGATION BY FEDERAL GOVERNMENT The Federal Government is not a party to this Contract and is not subject to any obligations or liabilities to the non-Federal entity, Contractor,or any other party pertaining to any matter resulting from the Contract. S.CHANGES The Contract may be modified by mutual consent, in writing through the issuance of a modification to the Contract. T. INDEMNIFICATION For any work performed on Federally funded projects,the Contractor agrees to indemnify and hold harmless the Federal Government, its employees and/or contractors, the County, its employees and/or contractors, and the City and its employees and/or contractors from liability to third parties for claims asserted under the contract. U.E-VERIFY.The Contractor shall utilize the U.S.Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the Contractor during the term of the Contract and shall expressly require any subcontractors performing work or providing services pursuant to the Contract to likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the Contract term. Page 642 of 1416 DocuSign Envelope ID:C5E4CD24-48BA-457F-9D02-A83C8F06C38C ATTACHMENT A COMMISSION AWARD MEMO Page 643 of 1416 DocuSign Envelope ID:C5E4CD24-48BA-457F-9D02-A83C8F06C38C Competitive Bid Reports-C2 E MIAMI BEACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Alina T.Hudak,City Manager DATE: June 23,2021 SUBJECT:REQUEST FOR APPROVAL TO AWARD A CONTRACT PURSUANT TO INVITATION TO BID (ITB) 2021-094-AY FOR BUS TRANSPORTATION SERVICES. RECOMMENDATION The City Manager recommends that the Mayor and City Commission approve the award of a contract to the Franmar Corporation, the sole responsive,responsible bidder responding to ITB 2021-094-AY for bus transportation services. BACKGROUND/HISTORY The City's current bus transportation services contract is utilized by the Parks and Recreation Department to transport program resident and program participants to and from after school programs, athletic events, summer camp programs, senior programs and other activities as needed. The Parks and Recreation Department does have some vehicles and staff that can transport participants. However,the services of a vendor are needed when demand exceeds the department's capacity, especially during peak periods such as summer camp. The City's current contract for bus transportation services was extended on a month to month basis prior to its expiration on May 24, 2021. The purpose of this Invitation to Bid (ITB) is to establish a replacement contract, by means of sealed bids, for the required services. For safety and liability reasons, bids can only be accepted from firms certified by Miami-Dade County Public schools to provide extra-curricular bus transportation services.Additionally,the City requires that the buses provided be no more than eight years old. ANALYSIS The ITB was issued on March 16, 2021, with an opening date of April 13, 2021. Bid notices were issued to 3,298 companies utilizing the www.bidsync.com website, including the 13 firms certified by Miami-Dade County Public schools to provide extra- curricular bus transportation services. The notices resulted in the receipt of one (1) bid from the Franmar Corporation (see Attachment A). The ITB states that the lowest responsive, responsible bidder meeting the requirements of the ITB would be recommended for award. Staff has verified that the bid submitted by the Franmar Corporation is responsive and has met the requirements of the ITB. Following is a summary of the bidder. Franmar Corporation Serving for over 40 years, Franmar Corporation has provided bus transportation services throughout all of Miami-Dade County. The City has received positive feedback from the references,including the Miami Dade County Public Schools. Franmar is the City's incumbent service provider and has provided excellent service under the current agreement. The Procurement Department contacted several licensed companies to determine why they chose not to submit a bid. Primarily, firms responded that the COVID-19 pandemic had resulted in fleet reductions or that the current fleet did not meet the requirement that vehicles be no more than eight years old. One firm that had bid and been awarded in the past, but with whom the City had several performance issues,decided not to respond to the ITS. A pricing analysis indicates that the prices submitted are the same as the prices on the current contract,despite it being executed in 2016.Therefore,the City will not experience cost escalations as a result of this new award. SUPPORTING SURVEY DATA According to the 2019 Community Satisfaction Survey conducted by ETC institute,an 80.1%satisfaction was given for"Quality of City Recreation programs-. In further evaluation, the overall satisfaction increased 71.5% in 2016 to 80.1% in 2019. In order to increase standards in this area,the city intends to continue providing bus transportation services on an as needed basis. FINANCIAL INFORMATION Funding for bus transportation services is subject to the approval of funds through the City's budgeting process. For fiscal years 2018 and 2019, the average annual expenditures for the services has totaled $67,000. Fiscal year 2020 was not utilized in calculating average annual expenditure because of the impact of the COVID-19 pandemic. CONCLUSION Page 644 of 1416 DocuSign Envelope ID:C5E4CD24-48BA-457F-9D02-A83C8F06C38C The Administration recommends that the Mayor and City Commission of the City of Miami Beach, Florida accept the City Manager's recommendation to award a contract to the Franmar Corporation,the sole responsive,responsible bidder, pursuant to ITB 2021-094-AY for bus transportation services. Applicable Area Citywide Is this a"Residents Right to Does this item utilize G.O. Know"item,pursuant to Bond Funds? City Code Section 2-14? No No Strategic Connection Prosperity-Balance residents'quality of life with tourism and special events. Legislative Tracking Parks and Recreation/Procurement ATTACHMENTS: Description o Attachment A Page 645 of 1416 DocuSign Envelope ID:C5E4CD24-48BA-457F-9D02-A83C8F06C38C Attachment A !TB 2021-094-AY Bus Transportation Services Bid Prke Frenmer Caporatbn• Item Description Est.Quantity UIM Unit Cost Total Group 1:Regular Services 1 TYPE A2 School bus with alr condltlordrtg(3047 capacity)—within Mlami-0ade County 100 Hourly $ 58.00 $ 5,800.00 2 TYPE A2 School bus Mt air=dttoing(3047 opacity)—to and from Broward County 100 Hourly $ 58.00 $ 5,800.00 3 TYPE A2 School bus with air oondtbnkg(3047 copeck)-b and from Palm Beach County 100 Hourly $ 58.00 $ 5,800.00 4 TYPE Al School bus with air conditioning(19-29 capacity)equipped with wheel chat lift.within Mlemi-Dade County 100 Hourly $ 58.00 $ 5,800.0D 5 TYPE Al School bus with alr condbbning(19-29 capacity)equipped with wheel chair lRR b and nom Broward County 100 Hourly $ 58.00 $ 5,800.0D 6 TYPE Al School bus with air cannoning(19-29 ahpecity)equipped with wheel chair lit.b end horn Palm Beach County 100 Hourly $ 58.00 $ 5,800.00 Group 2:Emergency Services 7 TYPE A2 School bus with air conditioning(3047 capacity)—within Mleml-Dade County 100 Hourly $ 58.00 $ 5,800.00 8 TYPE A2 School bus with air co dhbning(3047 c petty)—to and from Broward County 100 Hourly $ 58.00 $ 5,800.00 9 TYPE A2 School bus with at an60mkp(3047 capacity)-to and teen Palm Beech County 100 Hourly $ 58.00 $ 5,800.00 10 TYPE Al School bus with air conditioning(19.29 capacity)equipped with wheel chair liR within Miami-Dade County 100 Hourly $ 58.00 $ 5,800.00 11 TYPE Al School bus with air conditioning(19-29 capacity)equipped with wheel chair lift to and from Broward County 100 Hourly $ 58.00 $ 5,800.00 12 TYPE Al School bus with air condition . 19-29 . .• ••.•with wheel chair lift to and from Palm Beach • 100 Hourly $ 58.00 $ 5,800.00 Iota(Line items 1.121 $ 69,600.00 'denotes recommended bidder Page 646 of 1416 DocuSign Envelope ID:C5E4CD24-48BA-457F-9D02-A83C8F06C38C ATTACHMENT B ADDENDA AND ITB SOLICITATION Page 647 of 1416 DocuSign Envelope ID:C5E4CD24-48BA-457F-9D02-A83C8F06C38C M I A M I BEACH PROCUREMENT DEPARTMENT 1755 Meridian Avenue,3b Floor Miami Beach,Florida 33139 www.miamibeachfl.gov ADDENDUM NO. 1 INVITATION TO BID NO. 2021-094-AY BUS TRANSPORTATION SERVICES April 6,2021 This Addendum to the above-referenced ITB is issued in response to questions from prospective proposers,or other clarifications and revisions issued by the City.The ITB is amended in the following particulars only(deletions are shown by strikethrough and additions are underlined). I. REVISION:Section 0300—Bid Submittal Instructions and Format,Sub-Section 4. Electronic Bid Format,on page 8 of the ITB, is hereby amended as follows. (Underlined denotes added language): 4.ELECTRONIC BID FORMAT.In order to maintain comparability,facilitate the review process and assist the Evaluation Committee in review of bids,it is strongly recommended that bids be organized and tabbed in accordance with the tabs, and sections as specified below.The electronic submittal should be tabbed as enumerated below and contain a table of contents with page references.The electronic bid shall be submitted through the"Line Items"attachment tab in BidSync. • TAB 1 — Cost Proposal Form (Appendix C). The Cost Proposal Form (Appendix C) 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 ITS OR RELEASED VIA AN ADDENDUM) MAY RESULT IN BID BEING DEEMED NOT RESPONSIVE AND NOT BEING FURTHER CONSIDERED • TAB 2 Documentation indicating compliance with Minimum Eligibility Requirements. • TAB 3 Additional Information. Contractor must submit list of school buses that shall meet or exceed requirements set in Appendix A,Section 3.2 II. ATTACHMENTS Exhibit A:ITB 2016-031-AK Bid Tabulation III. RESPONSES TO QUESTIONS RECEIVED Q1:Are you able to participate in this bid if you are not LGBT Business Enterprise Certification,Small and Disadvantaged Business Certification, Vendor Qualifications? Does this mean that the bidder must possess both of these: LGBT BUSINESS ENTERPRISE CERTIFICATION&SMALL AND DISADVANTAGED BUSINESS CERTIFICATION,as well as meeting the requirements for the Vendor QUALIFICATIONS stated within? Al: Yes,you are able to participate in the bid if you do not possess the qualifications for LGBT and Small Business.The certification information is only used for informational purposes. Q2:Does the City allow using school buses that are more than(8)years since manufacture? A2:We will not allow buses manufactured more than 8 years ago.See Appendix A,Section 3.2. Q3:Can you tell me where we put our list of buses? 1 ADDENDUM NO.1 INVITATION TO BID NO.2021-094-AY BUS TRANSPORTATION SERVICES Page 648 of 1416 DocuSign Envelope ID:C5E4CO24-48BA-457F-9002-A83C8F06C38C M I A M I B E AC I-•I PROCUREMENT DEPARTMENT 1755 Meridian Avenue,3rd Floor Miami Beach,Florida 33139 www.miamibeachfl.gov A3: Please submit list of buses pursuant to Section I.Revisions. Q4: We are an approved vendor for Miami Dade, but not on the (Miami-Dade County Public School Approved Private Bus)list and can't apply until September 2021?We would like for you to reconsider this qualification. A4:The minimum requirement will not be changed. Q5: Could you please let us know who is currently operating this contract,what type of vehicle is being used and what hourly rate they are offering? A5:Please see Exhibit A. 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: Arju Yudasto 305-673-7490 ext.26695 ArjuYudasto@miamibeachfl.gov Proposers are reminded to acknowledge receipt of this addendum as part of your ITB submission. Potential proposers that have elected not to submit a response to the ITB are requested to complete and return the"Notice to Prospective Bidders"questionnaire with the reason(s)for not submitting a proposal. Sincerely, ELECTRONICALLY SIGNED(DATED 4/6/2021) Alex Denis Procurement Director • 2 ADDENDUM NO.1 INVITATION TO BID NO.2021-094-AY BUS TRANSPORTATION SERVICES Page 649 of 1416 DocuSign Envelope ID:C5E4CD24-48BA-457F-9D02-A83C8F06C38C I' '\ I AJv\ I B E/ Z I-I PROCUREMENT DEPARTMENT 1755 Meridian Avenue,3rd Floor Miami Beach,Florida 33139 www.miamibeachfl.gov EXHIBIT A: 2016-031-AK Bid Tabulation I 3 ADDENDUM NO.1 INVITATION TO BID NO.2021-094-AY BUS TRANSPORTATION SERVICES Page 650 of 1416 0 ' C t0 m ITB 2016-031-AK CD CD TABULATION SHEET ITB 2016-031-AK BUS TRANSPORTATION SERVICES v ci cn m AIR B SCHOOL BUS TRANSPORTATION,INC. FRANMAR CORPORATION,INC. N GROUP I School Buses Service!'• Quantities hourly rate Total Hourly rate Total 03 1.School bus with air conditioning(30-47 capacity)—within Miami-Dade County 100 $41.00 /Hour $4,100.00 $58.00/Hour $5,800.00 -n 2.School bus with air conditioning(30-47 capacity)—within Broward County 100 $58.00 /Hour $5,800.00 $58.00/Hour $5,800.00 3.School bus with air conditioning(30-47 capacity)-within Palm Beach County 100 $55.4Q_/t.1Qu[ $6,500'00 S58.00/Hour $5,800.00 4.School bus with air conditioning(19-29 capacity) equipped with wheel chair lift. _ 2 $45-00 /Ho1u $190.00 $58.00/Hour $116.00 0 Primary n Second= ib n co m INS a)- 3 DocuSign Envelope ID:C5E4CD24-48BA-457F-9D02-A83C8F06C38C BEACH ITB 2021-094-AY BUS TRANSPORTATION SERVICES TABLE OF CONTENTS SOLICITATION SECTIONS: PAGE 0100 NOT UTILIZED 0200 INSTRUCTIONS TO BIDDERS & GENERAL CONDITIONS 0300 BID SUBMITTAL INSTRUCTIONS & FORMAT APPENDICES: APPENDIX A SPECIFICATIONS APPENDIX B SPECIAL CONDITIONS APPENDIX C COST PROPOSAL FORM APPENDIX D INSURANCE REQUIREMENTS ITB 2021-094-AY Page 652 of 1416 DocuSign Envelope ID:C5E4CD24-48BA-457F-9D02-A83C8F06C38C SECTION 0100 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 Bidders 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 Bidders and, subsequently, the successful Bidders(s)(the"contractor[s]")if this ITB results in an award. The City utilizes Periscope S2G (formally known as BidSync) (www.periscopeholdings.com or www.bidsync.com)for automatic notification of competitive solicitation opportunities and document fulfillment, including the issuance of any addendum to this ITB. Any prospective Proposer who has received this ITB by any means other than through Periscope S2G must register immediately with Periscope S2G to assure it receives any addendum issued to this ITB. Failure to receive an addendum may result in disqualification of proposal submitted. 2. PURPOSE. The purpose of this Bid is to establish a contract, by means of sealed bids, with a qualified firm(s), for bus transportation services for the City of Miami Beach (the "City), on an as needed basis, in accordance with the prescribed specifications and requirements in Appendix A. Generally,bus transportation services are utilized to transport participants in programs and/or special events including but not limited to senior programs/events, after school programs/events, summer camp programs/events, etc.) Interested contractors are invited to submit bids in response to this ITB. The City of Miami Beach estimates the annual budget for this project to be$50,000.00.The total amount for the five year contract(with renewals, if exercised by the City) is estimated at $250,000.00. 3.SOLICITATION TIMETABLE.The tentative schedule for this solicitation is as follows: ITB Issued March 16,2021 Pre-Bid Meeting Wednesday, March 24,2021 @ 10:00AM ET Dial-in Instructions: Dial the Telephone Number: +1 786-636- 1480 Enter the Meeting Number:673 694 56 and then press the pound (#)key Deadline for Receipt of Wednesday,March 31,2021 @ 5:00PM Questions ET ITB 2021-094-AY 2 Page 653 of 1416 DocuSign Envelope ID:C5E4CD24-48BA-457F-9D02-A83C8F06C38C Responses Due Tuesday,April 13,2021 @ 3:00PM ET Tentative Commission May,2021 Approval Authorizing Award y 4. PROCUREMENT CONTACT.Any questions or clarifications concerning this solicitation shall be submitted to the Procurement Contact noted below: Procurement Contact: Tele.hone: Email: Arju Yudasto 305-673-7000,ext. ArjuYudasto@miamibeachfl.gov 26695 rdditionally. the City Clerk is to be copied on all communications via e-mail at: RafaelGranado @,,miamibeachfl.gov: or via facsimile: 786-394-4188. The Bid title/number shall be referenced on all correspondence. All questions or requests for clarification must be received no later than ten(10)calendar days prior to the date proposals are due as scheduled in Section 0200-3. All responses to questions/clarifications will be sent to all prospective Bidders in the form of an addendum. 5. 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. Attendance for the pre-bid meeting shall be via telephone and recommended as a source of information but is not mandatory. 6. 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 BidSync. 7. BIDDER'S RESPONSIBILITY. Before submitting a response, each bidder shall be solely responsible for making any and all investigations, evaluations, and examinations, as it deems necessary,to ascertain all conditions and requirements affecting the full performance of the contract. Ignorance of such conditions and requirements, and/or failure to make such evaluations, investigations,and examinations,will not relieve the bidder from any obligation to comply with every detail and with all provisions and requirements of the contract, and will not be accepted as a basis for any subsequent claim whatsoever for any monetary consideration on the part of the bidder. 8. 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 olper p4w tt! a copy to the City Clerk at rafaelgranado@miamibeachfI.gov. 3 Page 654 of 1416 DocuSign Envelope ID:C5E4CD24-48BA-457F-9D02-A83C8F06C38C 9. 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. 10.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. Bidder acknowledges and agrees that this Contract and the award of any work hereunder, is non- exclusive, and the City may, at its sole and absolute discretion, award similar services or work to other firms under contract with the City(either as a co-primary contractor,or as secondary or tertiary contractors). No Purchase Order shall be issued to Contractor, and no work or Services shall be authorized under this Agreement, except at City's sole discretion. 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. 11. E-VERIFY.As a contractor you are obligated to comply with the provisions of Section 448.095, Fla. Stat., "Employment Eligibility." Therefore, you shall utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the Contractor during the term of the Contract and shall expressly require any subcontractors performing work or providing services pursuant to the Contract to likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the Contract term. 12. OMITTED OR ADDITIONAL INFORMATION. Failure to include the Bid Price Form and the Rifld44icable)shall render a bid non-responsive. Non-responsive bids will not be 4 Page 655 of 1416 DocuSign Envelope ID:C5E4CD24-48BA-457F-9D02-A83C8F06C38C considered.With exception of the Bid Price Form and the Bid Bond, if applicable,the City reserves the right to seek any omitted information/documentation or any additional information from bidder 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 Bidder to perform in accordance with contract requirements. Failure to submit any omitted or additional information in accordance with the City's request shall result in proposal being deemed non-responsive. 13. INDEMNIFICATION Contractor agrees that it will indemnify and hold the Federal Government, its employees and/or their contractors, the State of Florida, its employees and/or their contractors, the County, its employees and/or their contractors, and the Municipality and its employees and/or their contractors harmless from liability to third parties for claims asserted under such contract for any work performed. Balance of Page Intentionally Left Blank • ITB 2021-094-AY 5 Page 656 of 1416 DocuSign Envelope ID:C5E4CD24-48BA-457F-9D02-A83C8F06C38C SECTION 0200 GENERAL CONDITIONS 1. TERMS & CONDITIONS — GENERAL SERVICES — TYPE 1. By virtue of submitting a bid or proposal in response to this solicitation, bidder agrees to be bound by and in compliance with the Terms and Conditions for General Services — Type 1 (dated 4/13/2020) and Grants & Federal Requirements(dated 8/20/20), incorporated herein,which may be found at the following link: https://www.miamibeachfl.gov/city-hall/p rocurement/standard-terms-and-conditions/ ITS 2021-094-AY 6 Page 657 of 1416 DocuSign Envelope ID:C5E4CD24-48BA-457F-9D02-A83C8F06C38C SECTION 0300 BID SUBMITTAL INSTRUCTIONS AND FORMAT 1. ELECTRONIC RESPONSES ONLY. Bids must be submitted electronically through Periscope S2G(formerly BidSync)on or before the date and time indicated. Hard copy proposals or proposals received through email or facsimile are not acceptable and will be rejected. A bidder may submit a modified bid to replace all or any portion of a previously submitted bid until the deadline for bid submittals. The City will only consider the latest version of the bid. Electronic bid submissions may require the uploading of attachments. All documents should be attached as separate files in accordance with the instructions included in Section 4, below. Attachments containing embedded documents or proprietary file extensions are prohibited. It is the Bidder's responsibility to assure that its bid, including all attachments,is uploaded successfully. Only bid submittals received and time stamped by Periscope S2G(formerly BidSync)prior to the bid submittal deadline shall be accepted as timely submitted. Late bids cannot be submitted and will not be accepted. Bidders are cautioned to allow sufficient time for the submittal of bids and uploading of attachments. Any technical issues must be submitted to Periscope S2G (formerly BidSync) by contacting (800) 990-9339 (toll free) or S2Gna periscopeholdings.com. The City cannot assist with technical issues regarding submittals and will in no way be responsible for delays caused by any technical or other issue. It is the sole responsibility of each Bidder to ensure its proposal is successfully submitted in BidSync prior to the deadline for bid submittals. 2. NON-RESPONSIVENESS. Failure to submit the following requirements shall result in a determination of non-responsiveness. Non-responsive bids will not be considered. 1. Bid Submittal Questionnaire(submitted electronically). 2.Cost Proposal Form(Appendix B) 3. OMITTED OR ADDITIONAL INFORMATION. The City reserves the right to request any documentation omitted, with exception of the Cost Proposal Form (Appendix B), Bid Submittal Questionnaire (submitted electronically), and Bid Bond (if applicable). Bid Submittals received that do not include the Cost Proposal Form, completed as required and fully executed, bid submittal questionnaire, or Bid Bond (if applicable) completed as required and fully executed shall be deemed non-responsive. Bidder must submit any omitted documentation within three(3)business days upon request from the City,or the bid may be deemed non-responsive.Non- responsive bid packages will receive no further consideration. 4.ELECTRONIC BID FORMAT. In order to maintain comparability,facilitate the review process and assist the Evaluation Committee in review of bids,it is strongly recommended that bids be organized and tabbed in accordance with the tabs, and sections as specified below. The electronic submittal should be tabbed as enumerated below and contain a table of contents with page references. The electronic bid shall be submitted through the"Line Items"attachment tab in BidSync. ITB 2021-094-AY 7 Page 658 of 1416 DocuSign Envelope ID:C5E4CD24-4BBA-457F-9D02-A83C8F06C38C BID PROPOSAL.The Bid Proposal is to include the following: • TAB 1 —Cost Proposal Form (Appendix C).The Cost Proposal Form (Appendix C)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 Documentation indicating compliance with Minimum Eligibility Requirements. IT8 2021-094-AY 8 Page 659 of 1416 DocuSign Envelope ID:C5E4CD24-48BA-457F-9D02-A83C8F06C38C APPENDIX A Minimum Requirements & Specifications ITB 2021 -094-AY BUS TRANSPORTATION SERVICES PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 ITB 2021-094-AY 9 Page 660 of 1416 DocuSign Envelope ID:C5E4CD24-48BA-457F-9D02-A83C8F06C38C 1. Minimum Eligibility Requirements. Bidders must submit evidence that they are qualified to satisfactorily perform the specified services. Additionally, 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 must be approved as a private school bus services operator by the Miami-Dade County Public Schools. Submittal Requirements: Bidder must be listed on the Miami-Dade County Public Schools Approved Private Bus List(available at http:11dot.dadeschools.net!#!lfullWidthl3335)at the time of bid due date. 2.Statement of Work Required.The purpose of this bid is to establish a contract with one or more licensed company(ies)to provide bus transportation services for recreational and athletic programs to include but not limited to athletic games and competitions and field trips for the Parks and Recreation Department. Transportation services may be single day trips to various sites through Palm Beach, Broward and Miami-Dade Counties, as well as including several trips throughout the State of Florida. Companies awarded to this contract will be the only approved and qualified bus companies to provide these services to the City of Miami Beach. Standards. All applicable laws, regulations, and established standards shall apply to any resulting award. In particulare, bidders are cautioned to pay close attention to the following standards which will govern the delivery of services under any resulting award of this ITB. - The Federal Vehicle Safety Standards - Department of Transportation Regulations - Federal Motor Carrier Safety Administration - Employees trained by the Omnibus Transportation Employee Training Act(OTETA)of 1991, or as amended When a conflict arises between an applicable standard and any other standard or any portion of this ITB, it is the bidder or contractor's responsibility to notify the City.The City's determination of which standard shall apply shall be final and binding. 3.Specifications 3.1 Types of Usage. 1. Field Trips and Athletic Games and Competitions: Requires bus transportation to and from park sites, recreation venues or South Florida attractions. The length time of each trip may vary, but the minimum time required by the City would be six(6)hours. 2. The City will require the buses to remain at each location listed for trips up to eight(8)hours. For trips lasting longer than eight(8) hours the buses will be permitted to leave and return with City's prior approval. 3. The City may require pick up and return from several City parks for transportation to one destination on a single bus. ITB 2021-094-AY 10 Page 661 of 1416 DocuSign Envelope ID:C5E4CD2448BA-457F-9D02-A83C8F06C36C 4. The City will only pay for buses ordered. 3.2 School Buses Specification 1. School Bus Types: Type A:A Type A school bus is a conversion bus constructed using a cutaway front-section vehicle with a left side driver's door. This definition includes two classifications: Type A-1 (19-29 passenger capacity),with a Gross Vehicle Weight Rating (GVWR)of 14,500 pounds or less. Type A-2(30-47 passenger capacity),with a GVWR greater than 14,500 pounds and less than or equal to 21,500 pounds. 2. Contractor must own or lease adequate school buses the meet the City's needs,which shall meet or exceed following requirements: A. School buses to be used in performance of this contract shall be no more than eight(8) years since manufacture. B. The contractor shall maintain all school buses in good condition and furnish all necessary fuel, oil, grease, tires, maintenance, and repairs and have a qualified mechanic available to provide service to any and all vehicles used in the performance of this contract at no additional cost to the City. C. The contractor shall make available,on site,such spare school buses as may be needed to promptly replace any bus that breaks down. Any bus that breaks down shall be replaced within thirty(30)minutes of notification of such breakdown. D. All school transportation vehicles shall be equipped with two-way radios permanently mounted with external roof top mounted antennas in working order capable of interfacing with a base station or every driver must have a cell phone with access to Company base. E. All school buses shall be equipped with minimum of one basic first aid kit. F. School buses must be clean, neat and odor free at the start of each destination. G. The ability to utilize each bus from 5:00 a.m. — 12 midnight. Monday through Sunday and during summer/holidays. H. 3-Point Seat Belts and 3-Point Seat Belt Seats-Type A school buses must be equipped with Type II, 3-point seat belts in all passenger seating positions. These belt systems must meet the requirements of National School Transportation Specifications and Procedures,Revised 2010.Types C and D buses must be equipped with lap belts in all passenger seating positions, meeting the following requirements: • Belts must be manufacturer's standard style lap belts. The nonadjustable, buckle end of each belt must be the aisle-side connection point on each passenger seat. • Each two-part belt must be separately color-coded to aid in proper connection. • Any belt system with parts that can be manually disassembled without the use of tools and any system that is subject to easy vandalism shall not be approved for use in Florida school buses. • Retractable seat belts are permissible at the purchaser's option. If this system is specified, the retractors must be emergency locking type, and the retractors must be mounted below the seat bight. ITB 2021-094-AY 11 Page 662 of 1416 DocuSign Envelope ID:C5E4CD24-48BA-457F-9D02-A83C8F06C38C I. Buses must comply with Federal Vehicle Safety Standards, Department of Transportation regulations and Federal motor Carrier Safety Administration. J. For the information purpose contractor shall provide "Schedule of Vehicles" showing, buses owned or leased. This report shall include year of manufacture, make of bus, make of body, present mileage, present condition,seating capacity, number of heaters, and vehicle identification number.The City may reject any vehicle that does not conform to the specifications as defined below. K. All repair work on the buses being provided under this contract must have been completed by certified mechanics. Documentation showing inspection data must be given to the City upon request. L. Capacity and Transport.Awarded contractor shall not transport more students than the rated capacity for the school bus being used. 3.3 Drivers 1. Awarded contractor shall ensure that all drivers are trained before transporting students,and in compliance with the Omnibus Transportation Employee Training Act(OTETA)of 1991,or as amended. 2. Contractor Employee Criminal Background Check and ID Badging Requirements. It is a requirement of this bid that contractor comply with all the requirements of Sections 1012.32 and 1012.465, Florida Statutes, requiring that only those contractor employees that have successfully passed the background screening required by the referenced statutes and that meet the standards established by the statutes be allowed access to any City location or prior to the provision of any contract services.This requirement shall extend to all contractor representatives, agents or sub-contractors performing duties under the contract. If a contractor's employee is away from the job for a period of 45 or more days, the City will require a new criminal background check. The Parties agree that the failure of Awardee to perform any of the duties described in this section shall constitute a material breach of this solicitation and any resulting agreement for which the City reserves the right to terminate immediately with no further responsibilities or duties to perform under this Agreement. Contractor agrees to indemnify and hold harmless the City, its officers and employees of any liability in the form of physical or mental injury, death or property damage resulting in Awardee's failure to comply with the requirements of this section or Sections 1012.32 and 1012.465, Florida Statutes. 3. Awarded contractor shall be responsible to have their drivers receive a background screening in compliance with Jessica Lunsford Act before the drivers are assigned trips. Drivers who have been convicted of any of the criminal offenses, are considered unacceptable,and must not be assigned trips for the City. 4. Awarded contractor shall ensure that all bus drivers are alert and capable of performing their assigned duties.Drivers shall remain on their respective buses at all times when passengers are on board and while picking up or discharging students on school property except in cases of emergency.The driver's first concern must be for the safety of the children. 5. All drivers shall be neat and clean in their appearance. All drivers are required to dress in appropriate attire and wear Photo Identification Badge all the times. 6. All drivers employed by awarded contractor must demonstrate the ability to verbally ITB 2021-094-AY 12 Page 663 of 1416 DocuSign Envelope ID:C5E4CD24-48BA-457F-9D02-A83C8F06C38C communicate effectively in English with those persons, students and staff with whom they come into contact. 7. Drivers must drive in a careful and prudent manner,exercising at all times the highest degree of care,and observing and complying with all rules of the road and traffic regulations. 8. Al drivers contracted under this ITB are required to drive trips exactly as scheduled by the City. Drivers shall not alter or modify any trips without prior written approval by the City. 9. The City reserves the right,at any time to approve or reject of any driver under this ITB.The decision of the City regarding qualifications,acceptance or rejection of any driver under this ITB shall be final and binding on awarded contractor. 10. Drivers shall comply with procedures and practices in securing students passengers, car seats,travel chairs,crutches,walkers and orthopedic equipment at all times. 11. Drivers are prohibited from using cell phones (talking and texting) while transporting students. 3.4 Accidents. Awarded contractor shall immediately notify the City,by telephone of any accident/incident involving a bus while transporting students. Contractor shall provide the City with an accident report that will be followed by a written investigative report, submitted to the City, at no cost within five (5) to ten (10)days from date of accident. 3.5 Bus Cancellation. The City has the right to cancel buses for any trip or event due to poor attendance,inclement weather, etc. There will be no cancellation fee charged to the City if the cancellation is made before four(4) hour,with one(1)hour compensation fee from the arranged trip time. 3.6 Level of Service. • Transportation failure will not be tolerated and may result in cancellation of the contract. • Repairs or back-up transportation must be conducted within a thirty minutes(30)period and carried out in a professional, expedient and safe manner on behalf of all passengers. Drivers must have complete knowledge of route and destination point. 3.7 Sanitation Requirements during COVID-19. Coronavirus disease 2019 (COVID-19) is a respiratory illness (see list of symptoms) caused by a virus called SARS-CoV-2.As a bus transit employer,the following is required in order to protect your staff and others and slow the spread. • use cloth face coverings or masks as appropriate. • foot-traffic single direction in narrow or confined areas in the bus to encourage single-file movement at a 6-foot distance. ITB 2021-094-AY 13 Page 664 of 1416 DocuSign Envelope ID:C5E4CD24-48BA-457F-9D02-A83C8F06C38C • visual cues such as floor decals, colored tape, and signs to remind passengers to maintain distance of at least 6 feet from others. • hand sanitizers with at least 60%alcohol in multiple locations throughout the bus for workers and passengers. (use touch-free stations where possible). • Make sure the bus is well ventilated. o Bus operator owners and managers should work with facilities management to adjust the ventilation so that the maximum amount of fresh air is delivered to occupied spaces while maintaining the humidity at 40-60%. If possible, increase filter efficiency of HVAC units to highest functional level. o Portable high efficiency particulate air(HEPA)filtration units may be considered to remove contaminants from the air of poorly ventilated areas. o Consider the use of natural ventilation (i.e., opening windows)to increase outdoor air dilution of indoor air,when environmental conditions allow. For all other recommendations,please visit the Centers for Disease Control and Prevention website at: https://www.cdc.gov/coronavirus/2019-ncov/community/organizations/bus-transit-operator.html • ITB 2021-094-AY 14 Page 665 of 1416 DocuSign Envelope ID:C5E4CD24-48BA-457F-9D02-A83C8F06C38C APPENDIX B Special Conditions ITB 2021 -094-AY BUS TRANSPORTATION SERVICES PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 ITB 2021-094-AY 15 Page 666 of 1416 DocuSign Envelope ID:C5E4CD24-48BA-457F-9D02-A83C8F06C38C 1.TERM OF CONTRACT. This contract shall remain in effect for two(2)years from date of contract execution by the Mayor and City Clerk. The City of Miami Beach has the option to renew the contract at the sole discretion of the City Manager for an additional three (3), one (1) year periods, on a year-to-year basis. Renewal of the contract is a City of Miami Beach prerogative, not a right of the Contractor. Such option will be exercised,if at all,only when it is in the best interest of the City of Miami Beach. 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. 2. REGULAR RESPONSE TIME(GROUP 1):Scheduled services for school pick-ups and field trips shall be provided to the bidder each fiscal year. For school pick-ups: The successful bidder will be required to have vehicles at the pick-up area(s)at each school a minimum of 15 minutes prior to school dismissal at the scheduled departure. For field trip pick-ups:The successful bidder will be required to have vehicles at the pick-up area(s)a minimum of 30 minutes at the scheduled departure. From time to time the City may require additional bus services)for field trips that are not in the scheduled services provided in the beginning of the fiscal year;The City of Miami Beach representative shall advise of the scheduled service one(1)business day prior. 3.ADDITIONAL SERVICES: Services not specifically identified in this request may be added to,or deleted from,any resultant contract upon successful negotiations and mutual consent of the contracting parties,and approval by the City Manager. 4.METHOD OF ORDERING: Bus services for the City will be ordered via individual purchase orders and/or blanket order releases on an°as needed"basis for the term of the contract.Invoices must be submitted against each individual purchase order or blanket purchase order release. 5.DAMAGES TO PUBLICIPRIVATE PROPERTY.The contractor shall carry out the work with such care and methods as not to result in damage to public or private property adjacent to the work. Should any public or private property be damaged or destroyed,the bidder,at his/her expense,shall repair or make restoration as is practical and acceptable to the City and/or owners of destroyed or damaged property promptly within a reasonable length of time.(Not to exceed one month from date damage was done). 6. BACKGROUND CHECK. The contractor shall conduct a full criminal background check in accordance with the Jessica Lunsford Act(s.943.043)at its own expense on each of its employees engaged in providing services under this ITB or any resulting Agreement prior to the commencement of said services.Any contractor employee eligible to perform work pursuant to this ITB, or resulting Agreement,shall require the prior approval of the HR Department if he or she:(1)has been convicted of or was placed in a pre-trial diversion program for any crime involving dishonesty or breach of trust; embezzlement; drug trafficking; forgery; burglary; robbery; theft; perjury; possession of stolen property; identity theft; fraud; money laundering; shoplifting; larceny; falsification of documents and/or (2) has been convicted of any sex, weapons, or violent crime including but not limited to homicide; attempted homicide; rape; child molestation; extortion; terrorism or terrorist threats; kidnapping;assault;battery;and illegal weapon possession,sale or use.The contractor shall defend, indemnify and hold the City, its officers,employees,and agents harmless from and against any and all liability, loss, expense (including reasonable attomey's fees) or claims for injury or damages arising out of its failure to comply with this requirement. ITB 2021-094-AY 16 Page 667 of 1416 DocuSign Envelope ID:C5E4CD24-48BA-457F-9D02-A83C8F06C38C The Contractor shall employ personnel competent to perform the work specified herein. The City reserves the right to request the removal of the Contractor's employee's from performing maintenance on the City's grounds where the employee's performance or actions are obviously detrimental to the program. Contractor's personnel must wear photo identifications at all times. 7. EMERGENCY SERVICES(GROUP 2). Emergency Services are defined as services that are not included within the Regular Response time group. These services may include, but are not limited to, natural disasters, pandemics, or evacuation efforts and shall be based on an as needed basis (per service rate).A two(2)hour response time shall be required for emergency services. Pre-qualified contractors in the Emergency Services categories may be contacted on occasion in response to a natural disaster or other disaster at the proposed per service rates.The City reserves the right to exercise its discretion in making the determination as to what time the contract will be activated. ALL WORK SHALL BE COMPLETED IN ACCORDANCE WITH FEMA REGULATIONS AND APPLICABLE ENVIRONMENTAL REQUIREMENTS. The City may request additional work subject to mutual agreement. The cost and expenses will be submitted to the City for approval in a cost proposal by the Contractor. ITB 2021-094-AY 17 Page 668 of 1416 DocuSign Envelope ID:C5E4CD24-48BA-457F-9002-A83C8F06C38C APPENDIX C Cost Proposal Form ITB 2021 -094-AY BUS TRANSPORTATION SERVICES PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 1TB 2021-094-AY 18 Page 669 of 1416 DocuSign Envelope ID:C5E4CO24-48BA-457F-9D02-A83C8F06C38C APPENDIX C ELECTRONIC COST PROPOSAL FORM Failure to submit Appendix C, Electronic Cost Proposal Form, in its entirety by the deadline established for the receipt of proposals will result in proposal bein• 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 shall be completed in its entirety.All corrections on the Cost Proposal Form shall be initialed. GROUP 1: REGULAR SERVICES Estimated Annual Total Item Description Quantity U I M Unit Cost (Quantity X Unit Cost) TYPE A2 School bus with air conditioning(30- 1 47 ca•aci —within Miami-Dade Coun 100 Hours $ $ TYPE A2 School bus with air conditioning(30- 2 47 ca•aci —to and from Broward Coun 100 Hours $ $ TYPE A2 School bus with air conditioning(30- 3 47 ca•aci -to and from Palm Beach Coun 100 Hourt $ $ TYPE Al School bus with air conditioning(19- 29 capacity)equipped with wheel chair lift. 4 within Miami-Dade Coun 10 Hourl $ $ TYPE Al School bus with air conditioning(19- 29 capacity)equipped with wheel chair lift.to 5 and from Broward Coun 10 Hour( $ $ TYPE Al School bus with air conditioning(19- 29 capacity)equipped with wheel chair lift.to 6 and from Palm Beach Coun 10 Hours $ $ GROUP 2: EMERGENCY SERVICES Estimated Annual Total Item Description Quantity U/M Unit Cost (Quantity X Unit Cost) TYPE A2 School bus with air conditioning(30- 7 47 ca•aci —within Miami-Dade Coun 25 Hours $ $ TYPE A2 School bus with air conditioning(30- 8 47 ca•aci —to and from Broward Coun 25 Hours $ $ TYPE A2 School bus with air conditioning(30- 9 47 ca•aci -to and from Palm Beach Coun 25 Hours $ $ TYPE Al School bus with air conditioning(19- 29 capacity)equipped with wheel chair lift. 10 within Miami-Dade Coun 8 Hours $ $ TYPE Al School bus with air conditioning(19- 29 capacity)equipped with wheel chair lift.to 11 and from Broward Coun 8 Hours $ $ TYPE Al School bus with air conditioning(19- 29 capacity)equipped with wheel chair lift.to 12 and from Palm Beach Coun 8 Hours $ $ TOTAL(Line items 1-12) $ ITB 2021-094-AY 19 Page 670 of 1416 DocuSign Envelope ID:C5E4CD24-48BA-457F-9D02-A83C8F06C38C APPENDIX D Insurance Requirements ITB 2021 -094-AY BUS TRANSPORTATION SERVICES PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 ITB 2021-094-AY 20 Page 671 of 1416 DocuSign Envelope ID:C5E4CD24-48BA-457F-9D02-A83C8F06C38C MIAM 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. The vendor shall maintain the below required insurance in effect prior to awarding the contract and for the duration of the contract. The maintenance of proper insurance coverage is a material element of the contract and failure to maintain or renew coverage may be treated as a material breach of the contract,which could result in withholding of payments or termination of the contract. A. Worker's Compensation Insurance for all employees of the vendor as required by Florida Statute 440, and Employer Liability Insurance for bodily injury or disease. Should the Vendor be exempt from this Statute,the Vendor and each employee shall hold the City harmless from any injury incurred during performance of the Contract. The exempt Vendor shall also submit (i) a written statement detailing the number of employees and that they are not required to carry Workers' Compensation insurance and do not anticipate hiring any additional employees during the term of this contract or(ii)a copy of a Certificate of Exemption. B. Commercial General Liability Insurance on an occurrence basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than$1,000,000 per occurrence,and$2,000,000 general aggregate. C. Automobile Liability Insurance covering any automobile, if vendor has no owned automobiles,then coverage for hired and non-owned automobiles,with limit no less than$1,000,000 combined per accident for bodily injury and property damage. Additional Insured-City of Miami Beach must be included by endorsement as an additional insured with respect to all liability policies(except Professional Liability and Workers'Compensation)arising out of work or operations performed on behalf of the Vendor including materials,parts,or equipment furnished in connection with such work or operations and automobiles owned, leased, hired or borrowed in the form of an endorsement to the Vendor's insurance. Notice of Cancellation-Each insurance policy required above shall provide that coverage shall not be cancelled, except with notice to the City of Miami Beach do EXIGIS Insurance Compliance Services. Waiver of Subrogation—Vendor agrees to obtain any endorsement that may be necessary to affect the waiver of subrogation on the coverages required. However,this provision applies regardless of whether the City has received a waiver of subrogation endorsement from the insurer. Darthvade Acceptability of Insurers—Insurance must be placed with insurers with a current A.M. Best rating of A:VII or higher. If not rated,exceptions may be made for members of the Florida Insurance Funds (i.e. FWCIGA, FAJUA). Carriers may also be considered if they are licensed and authorized to do insurance business in the State of Florida. ITB 2021-094-AY 21 Page 672 of 1416 DocuSign Envelope ID:C5E4CD24-48BA-457F-9D02-A83C8F06C38C Verification of Coverage—Vendor shall furnish the City with original certificates and amendatory endorsements,or copies of the applicable insurance language, effecting coverage required by this contract. All certificates and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Vendor's obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements, required by these specifications,at any time. CERTIFICATE HOLDER MUST READ: CITY OF MIAMI BEACH c/o EXIGIS Insurance Compliance Services P.O. Box 4668—ECM#35050 New York, NY 10163-4668 Kindly submit all certificates of insurance, endorsements, exemption letters to our servicing agent, EXIGIS,at: Certificates-miamibeach@riskworks.com Special Risks or Circumstances - The City of Miami Beach reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. Compliance with the foregoing requirements shall not relieve the vendor of his liability and obligation under this section or under any other section of this agreement. ITB 2021-094-AY 22 Page 673 of 1416 DocuSign Envelope ID:C5E4CD24-48BA-457F-9D02-A83C8F06C38C ATTACHMENT C SUNBIZ&PROPOSAL RESPONSE TO ITB Page 674 of 1416 DocuSign Envelope ID:C5E4CD2448BA-457F-9D02-A83C8F06C38C Detail by FEI/EIN Number DIVISION OF CORPORATIONS 1I I l;,Js7.org . =- I Department of State / Division of Corporations / Search Records I Search by FEI/EIN Number I Detail by FEI/EIN Number Florida Profit Corporation FRANMAR CORPORATION Bing Information Document Number 523936 FEIIEIN Number 59-1716761 Date Filed 01/17/1977 State FL Status ACTIVE Last Event AMENDMENT Event Date Filed 01/20/2012 Event Effective Date NONE Principal Address 19301 S.W. 108TH AVE. MIAMI, FL 33157 Changed:07/12/2010 Mailing Address P.O. BOX 970783 MIAMI, FL 33197 Changed:02/28/1992 Registered Agent Name&Address • MARTINELLI, FRAN 19301 SW 108TH AVE MIAMI, FL 33157 Name Changed:03/01/2017 Address Changed:03/01/2017 Officer/Director Detail Name&Address Title DPTS BERMONT, PETER L 3427 N.Moorings Way Miami, FL 33133 Page 675 of 1416 search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inqui rytype=FeiNumber&directionType=Initial&searchNameOrder--59171676152393... 1/3 DocuSign Envelope ID:C5E4CD24-48BA-457F-9D02-A83C8F06C38C Detail by FEI/EIN Number Title D MARTINELLI, FRAN 8420 NW S.R.45 HIGH SPRINGS, FL 32643 Title Director Wise,Tracy B 3191 Argonne Drive, NW Atlanta, GA 30305 Annual Reports Report Year Filed Date 2019 02/07/2019 2020 01/23/2020 2021 01/20/2021 Document Imago 01/20/2021--ANNUAL REPORT View image in PDF format 01/23/2020--ANNUAL REPORT _ View image in PDF format 02/07/2019--ANNUAL REPORT View image in PDF format 01/12/2018--ANNUAL REPORT View image in PDF format 03/01/2017--Reg.Agent Change View image in PDF format 01/16/2017--ANNUAL REPORT View image in PDF format 01/04/2016--ANNUAL REPORT View image in PDF format 04/16/2015--ANNUAL REPORT View image in PDF format 01/13/2014--ANNUAL REPORT View image in PDF format 01/22/2013--ANNUAL REPORT View image in PDF format 03/28/2012--ANNUAL REPORT View image in PDF format 01/20/2012--Amendment View image in PDF format 01/28/2011--ANNUAL REPORT View image in PDF format 07/12/2010--ADDRESS CHANGE View image in PDF format 01/25/2010--ANNUAL REPORT View image in PDF format 03/13/2009--ANNUAL REPORT View image in PDF format 02/04/2008—ANNUAL REPORT View image in PDF format 04/16/2007--ANNUAL REPORT View image in PDF format 01/23/2006—ANNUAL REPORT View image in PDF format 02/12/2005—ANNUAL REPORT View image in PDF format 03/12/2004--ANNUAL REPORT View image in PDF format_ 06/27/2003--ANNUAL REPORT View image in PDF format 01/21/2003--ANNUAL REPORT View image in PDF format 10/16/2002—ANNUAL REPORT View image in PDF format 01/22/2002--ANNUAL REPORT View image in PDF format 08/27/2001--ANNUAL REPORT View image in PDF format 01/11/2001--ANNUAL REPORT View image in PDF format 04/23/2000--ANNUAL REPORT View image in PDF format 02/22/1999—ANNI JAI RFPC)RT View image in PDF fnrm age 076 of 1416 search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquifytype=FeiNumber8directionType=1 nitial8searchNameOrder-59171676152393... 2/3 DocuSign Envelope ID:C5E4CD24-48BA-457F-9D02-A83C8F06C38C Detail by FEI/EIN Number 02/25/1998--ANNUAL REPORT _ View image in PDF format J 04/29/1997--ANNUAL REPORT View image in PDF format 04/02/1996--ANNUAL REPORT View image in PDF format 02120/1995--ANNUAL REPORT View image in PDF format Page 677 of 1416 search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=FeiNumber8directionType=lnitial&searchNameOrder=59171676152393... 3/3 DocuSign Envelope ID:C5E4CD24-48BA-457F-9D02-A83C8F06C38C BID SUBMITTAL QUESTIONNAIRE SECTION 1 - BID CERTIFICATION FORM This document is a REQUIRED FORM that must be submitted fully completed and submitted. Solicitation No: Solicitation Title: 2021-094-AY Bus Transportation Services BIDDER'S NAME:Franmar Corporation NO.OF YEARS IN BUSINESS:48 yawn NO.OF YEARS IN BUSINESS LOCALLY: NO.OF EMPLOYEES:39 48 yaws OTHER NAME(S)BIDDER HAS OPERATED UNDER IN THE LAST 10 YEARS:Franmar Bus Company BIDDER PRIMARY ADDRESS(HEADQUARTERS):19301 SW 108 Ave CITY:Miami STATE:Florida ZIP CODE:33157 TELEPHONE NO.:305-253-5088 TOLL FREE NO.: FAX NO.:305-2533.8427 BIDDER LOCAL ADDRESS:19301 SW 108 Ms CITY:Miami STATE:Florida ZIP CODE:33157 PRIMARY ACCOUNT REPRESENTATIVE FOR THIS ENGAGEMENT:Fran Martinelli ACCOUNT REP TELEPHONE NO.:305-8784912 ACCOUNT REP TOLL FREE NO.: ACCOUNT REP EMAIL:booldn0annmarbus.com FEDERAL TAX IDENTIFICATION NO.:59-1718781 By virtue of submitting a bid, bidder agrees: a)to complete and unconditional acceptance of the terms and conditions of this document, inclusive of this solicitation,all specifications, attachments,exhibits and appendices and the contents of any Addenda released hereto; b)to be bound,at a minimum,to any and all specifications,terms and conditions contained herein or Addenda;c)that the bidder has not divulged, discussed, or compared the proposal with other bidders and has not colluded with any other bidder or party to any other bid; d) that bidder acknowledges that all information contained herein is part of the public domain as defined by the State of Florida Sunshine and Public Records Laws; e) the bidder agrees if this bid is accepted, to execute an appropriate City of Miami Beach document for the purpose of establishing a formal contractual relationship between the bidder and the City of Miami Beach, Florida,for the performance of all requirements to which the bid pertains; and f)that all responses, data and information contained in the bid submittal are true and accurate. The individual named below affirms that s/he: is a principal of the applicant duly authorized to execute this questionnaire, and that the contents of said document(s)are complete,true, and correct to the best of his/her knowledge and belief. Name of Bidder's Authorized Representative: Title of Bidder's Authorized Fran Martinelli Representative: C.E.O Page 678 of 1416 DocuSign Envelope ID:C5E4CD24-48BA-457F-9D02-A83C8F06C38C SECTION 2 -ACKNOWLEDGEMENT OF ADDENDUM After issuance of solicitation, the City may release one or more addendum to the solicitation, which may provide additional information to bidders or alter solicitation requirements. The City will strive to reach every bidder having received solicitation through the City's e-procurement system. However, bidders are solely responsible for assuring they have received any and all addendum issued pursuant to solicitation. This Acknowledgement of Addendum section certifies that the bidder 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. Enter Initial Enter Initial Enter Initial to to Confirm to Confirm Confirm Receipt Receipt Receipt Addendum 1 Addendum 6 Addendum 11 Addendum 2 Addendum 7 Addendum 12 Addendum 3 Addendum 8 Addendum 13 Addendum 4 Addendum 9 Addendum 14 Addendum 5 Addendum 10 Addendum 15 If additional confirmation of addendum is required, submit under separate cover. SECTION 3 - CONFLICT OF INTEREST All bidders 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. Further, all bidders must disclose the name of any City employee who owns, either directly or indirectly, an interest of ten (10%) percent or more in the bidder entity or any of its affiliates. p YES Q NO If yes, please disclose the name(s): FIRST AND LAST NAME OCCUPATION 1 2 3 4 5 6 SECTION 4 - FINANCIAL CAPACITY When requested by the City, each bidder shall arrange for Dun & Bradstreet to submit a Supplier Qualification Report (SQR) directly to the City. 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 bidder. The bidder shall request the SQR report from D&B at: https://supplierportal.dnb.com/webapp/wcs/stores/servlet/SupplierPortal? storeld=11696 Page 679 of 1416 DocuSign Envelope ID:C5E4CD24-48BA-457F-9D02-A83C8F06C38C Bidders are responsible for the accuracy of the information contained in its SQR. It is highly recommended that each bidder 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. At time of request, bidder shall request that Dun & Bradstreet submit its Supplier Qualifier Report directly to the City, with bid or within three (3) days of request. SECTION 5 - 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. Bidder 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. By virtue of submitting bid, bidder agrees it is and shall remain in full compliance with Resolution 2016-29375 https://www.miamibeachfl.gov/wp-content/uploads/2017/11/2016-29375-Resolution- Vendor-Moratorium-for-Services-Sources-from-North-Carolina-Mississippi-1.pdf Page 680 of 1416 DocuSign Envelope ID:C5E4CD24-486A-457F-9002-A83C8F06C3SC SECTION 6 • REFERENCES AND PAST PERFORMANCE Project No. 2021-094 AY Project Title Bus Transportation Services Bidder shall submit at least three (3) references for whom the bidder has completed work similar in size and nature as the work referenced in solicitation. Reference No.1 Firm Name: Palmer School Contact Individual Name and Title: Jose Chao, Director Address: 8001 SW 184 Street Miami, Fl 33157 Telephone: 305-251-2230 Contact's Email: JChoa@palmertrinity.org Narrative on Scope of Services Provided: Daily Routes for pick up and drop off of students,sport trips & field trips. Reference No.2 Firm Name: Miami Dade County Public School Transportation Contact Individual Name and Title: Orlando Alonso, Director Address: 15401 SW 117 Ave, Miami, Fl 33177 Telephone: 305-234-3365 Contact's Email: OAlonso2@dadeschools.net Narrative on Scope of Services Provided: Daily Routes and Field trips-contract work for 30 years. Reference No.3 Firm Name: Gulliver School Contact Individual Name and Title: Charles Rue Address: 6575 SW 88 Street Pinecrest, Fl 33156 Telephone: 305-666-6333 Contact's Email: Ruec@gulliverschools.org Narrative on Scope of Services Provided: Daily Routes and Field trips. Page 681 of 1416 DocuSign Envelope ID:C5E4CD24-48BA-457F-9D02-A83C8F06C38C Additional Reference Firm Name: City of Miami Beach Contact Individual Name and Title: Rodricka Moore - (in charge of Seniors) Igor Lopez -(in charge of afterschool & camp) Address: 99911 Street Miami Beach, Fl 33139 Telephone: 786-486-9905 Contact's Email: roderickamoore@miamibeachfl.gov Narrative on Scope of Services Provided: special events and field trips. SECTION 7 - STANDARD TERMS AND CONDITIONS The Standard Terms and Conditions are available at https://www.miamibeachfl.gov/city- hall/procurement/standardterms and-conditions/ By virtue of submitting a bid, bidder attests that they have read and understand the applicable Standard Terms and Conditions as indicated in the solicitation. Project No. 2021-094 AY Project Title Bus Transportation Services SECTION 8 - VENDOR CAMPAIGN CONTRIBUTIONS Bidders 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 https://library.municode.com/fl/miami_beach/codes/code_of_prdinances? nodeld=SPAGEOR_CH2AD_ARTVI ISTCO_DIV5CAFI RE Bidders 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 bid submittal, in the event of such non-compliance. Are there any individuals or entities (including your sub-consultants) with a controlling financial interest which have 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. YES p NO If yes, list name (first and last name) of individuals, occupation, amount and date: First and Last Contributor Occupation Amount Date of Name Contribution 1 2 3 Page 682 of 1416 DocuSign Envelope ID:C5E4CD24-48BA-457F-9D02-A83C8F06C38C 4 5 6 7 8 9 Page 683 of 1416 DocuSign Envelope ID:C5E4CD24-48BA-457F-9D02-A83C8F06C38C SECTION 9 —SUSPENSION, DEBARMENT, OR CONTRACT CANCELLATION Has bidder ever been debarred, suspended or other legal violation, or had a contract cancelled due to non-performance by any public sector agency? 0 YES Q NO If answer to above is "YES," bidder shall submit a statement detailing the reasons that led to action(s): SECTION 10 - EQUAL BENEFITS FOR EMPLOYEES WITH SPOUSES AND EMPLOYEES WITH DOMESTIC PARTNERS When awarding competitively solicited contracts valued at over $100,000 whose contractors maintain 51 or more full time employees on their payrolls during 20 or more calendar work weeks, the Equal Benefits for Domestic Partners Ordinance 2005-3494 requires certain contractors doing business with the City of Miami Beach, who are awarded a contract pursuant to competitive bids, 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. Does bidder provide or offer access to any benefits to employees with spouses or to spouses of employees? p YES 12 NO Does bidder provide or offer access to any benefits to employees with (same or opposite sex) domestic partners or to domestic partners of employees? p YES p NO 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. Bidder Provides for Bidder Provides for Bidder does not BENEFIT Employees with Employees with Provide Benefit Spouses Domestic Partners Health Sick Leave Family Medical Leave Bereavement Leave If Bidders 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 with all necessary documentation. Your Reasonable Measures Application will be reviewed for consideration by the City Manager, or FiAdtessigneferheproval is not guaranteed and the City DocuSign Envelope ID:C5E4CD24-48BA-457F-9D02-A83C8F06C38C Manager's decision is final. Further information on the Equal Benefits requirement is available at ,hit p://www.miamibeachfi.gov/city-hall/procurement/procurement-related-ordinance-and- procedures/ Page 685 of 1416 DocuSign Envelope ID:C5E4CD24-48BA-457F-9D02-A83C8F06C38C SECTION 11 - LIVING WAGE Pursuant to Section 2-408 of the City of Miami Beach Code, as same may be amended from time to time, covered employees shall be paid the required living wage rates listed below: 1. Effective January 1, 2018, covered employees must be paid a living wage rate of no less than $11.62 per hour with health care benefits of at least $2.26 per hour, or a living wage rate of no less than $13.88 per hour without health care benefits. 2. Effective January 1, 2019, covered employees must be paid a living wage rate of no less than $11.70 per hour with health care benefits of at least $2.74 per hour, or a living wage rate of no less than $14.44 per hour without health care benefits. 3. Effective January 1, 2020, covered employees must be paid a living wage rate of no less than $11.78 per hour with health care benefits of at least $3.22 per hour, or a living wage rate of no less than$15.00 per hour without health care 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). Bidders' 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 Bidder as non-responsive, and may further subject Bidder to additional penalties and fines, as provided in the City's Living Wage Ordinance, as amended. Further information on the Living Wage requirement is available at http://www.miamibeachfl.gov/city-hall/procurement/procurement-related- ordinance-and-procedures/ Any payroll request made by the City during the contract term shall be completed electronically via the City's electronic compliance portal, LCP Tracker(LCPTracker.net). Indicate below that Bidder agrees to the living wage requirement. Failure to agree shall result in proposal disqualification. YES p NO SECTION 12 - BYRD ANTI-LOBBYING AMENDMENT CERTIFICATION FORM APPENDIX A,44 C.F.R. PART 18—CERTIFICATION REGARDING LOBBYING Certification for Contracts,Grants,Loans,and Cooperative Agreements The undersigned Contractor certifies,to the best of his or her knowledge,that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract,grant, loan, or cooperative agreement. Page 686 of 1416 DocuSign Envelope ID:C5E4CD24-48BA-457F-9D02-A83C8F06C38C 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31, U.S.C. § 1352 (as amended by the Lobbying Disclosure Act of 1995). Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The undersigned Contractor certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition,the Contractor understands and agrees that the provisions of 31 U.S.C. § 3801 et seq., apply to this certification and disclosure, if any. By virtue of submitting bid, bidder certifies or affirms its compliance with the Byrd Anti- Lobbying Amendment Certification. Name of Bidder's Authorized Representative: Title of Bidder's Authorized Fran Martinelli Representative: • C.E.O. -Franmar Corp Page 687 of 1416 DocuSign Envelope ID:C5E4CD24-48BA-457F-9D02-A83C8F06C38C SECTION 13 - SUSPENSION AND DEBARMENT CERTIFICATION The Contractor acknowledges that: (1)This Contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such the contractor is required to verify that none of the Contractor, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940)or disqualified (defined at 2 C.F.R. § 180.935). (2)The Contractor must comply with 2 C.F.R. pt. 180,subpart C and 2 C.F.R. pt. 3000,subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. (3) This certification is a material representation of fact relied upon by the City. If it is later determined that the Contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the City, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. (4)The Contractor agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The Contractor further agrees to include a provision requiring such compliance in its lower tier covered transactions." By virtue of submitting bid, bidder certifies or affirms its compliance with the Suspension and Debarment Certification. Name of Bidder's Authorized Representative: Title of Bidder's Authorized Fran Martinelli Representative: C.E.O Page 689 of 1416 DocuSign Envelope ID:C5E4CD24-48BA-457F-9D02-A83CBF06C38C APPENDIX C ELECTRONIC COST PROPOSAL FORM Failure to submit Appendix C. Electronic Cost Proposal Form in its entirety by the deadline established for the receipt of proposals will result in proposal being deemed non-responsive and being 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 Cost Proposal Form shall be completed in its entirety.All corrections on the Cost Proposal Form shall be initialed. GROUP 1. REGULAR SERVICES Estimated Annual Total Item Description Quantity U M Unit Cost ]:ci,e.i). r one c:,•,:, TYPE A2 School bus with air conditioning(30- 1 47 capacity)—within Miami-Dade County 100 HEWN $5g. `1° $ 5S00,o0 TYPE A2 School bus with air conditioning(30- 2 47 capacity)—to and from Broward County 100 Hourly $ 5 o' " $ Sg on, cc TYPE A2 School bus with air conditioning(30- 0 �$�O� o 3 47 capacity)-to and from Palm Beach County 100 Hourly $ 5 g $ TYPE Al School bus with air conditioning(19- 29 capacity)equipped with wheel chair lift. r 4 within Miami-Dade County 10 Hourly $ J g' "'a $ 5 60' c a TYPE Al School bus with air conditioning(19- 29 capacity)equipped with wheel chair lift.to r n o o 5 and from Broward County 10 Hourly $ 5 g- $ 5 go` TYPE Al School bus with air conditioning(19- 29 capacity)equipped with wheel chair lift.to p,h 6 and from Palm Beach Coun 10 How g` $ J�D�/. GROUP 2 EMERGENCY SERVICES Estimated Annual Total Item Description Quantity U r M Unit Cost TYPE A2 School bus with air conditioning(30- 7 47 capacity)—within Miami-Dade County 25 Hourly $ 5 S. o v $ II/co. ,. TYPE A2 School bus with air conditioning(30- 8 47 capacity)—to and from Broward County 25 Hourly $ 5 3. ®o $ 1'1 °' c TYPE A2 School bus with air conditioning(30- 00 L,50 ,�) 9 47 capacity)-to and from Palm Beach County 25 Hourly $ �' $ / 7 TYPE Al School bus with air conditioning(19- 29 capacity)equipped with wheel chair lift. v c' ,C� e/ 10 within Miami-Dade County B _ Hourly _ $ $ / i!'o� TYPE Al School bus with air conditioning(19- 29 capacity)equipped with wheel chair lift.to - r D 0 11 and from Broward County 8 Hourly $ J 0' $ 7. 8o TYPE Al School bus with air conditioning(19- 29 capacity)equipped with wheel chair lift.to 00 L/ 0 0 12 and from Palm Beach Coun 8 Hou $ -5 $' $ �� TOTAL (Line items 1.12) $ :a, 00 ITB 2021-094-AY 19 Page 690 of 1416 • DocuSign Envelope ID:C5E4CD24-48BA-457F-9D02-A83C8F06C38C aus TFranmar Corporation P.O.Box 970783 Miami,Florida 33197 Office Location: 19301 SW 108 Avenue Miami,Florida 33157 ler (305)253-5086 Fax(305)253-8427 School Bus Transportation& Bus Maintenance Services PLEASE CONSIDER THIS REGARDING THE DATE OF MANUFACTURE OF THE BUSES: As a vendor for the Miami Dade County Public Schools, we are required to have a monthly inspection at the County Bus Terminal. The list of things checked is voluminous and conforms to all specifications set forth by the state of Florida and the Federal DOE and DOT. Our bus can be failed for something as small as a tear in the seat or the thickness of the padding as well as all mechanical features on the bus. Brand new buses are upwards of $100,000. and we have found that newer buses have more problems than the older ones. A vendor (Franmar included) will purchase a bus and then actually rebuild the whole thing so that it can be utilized for county work. Every 28 days the bus has to be gone over with a fine-tooth comb so that it can pass inspection. If the bus fails, we fix the failed item and take it back to inspection. MDCPS does change the eligible years. This year we cannot use any bus older than 2002. We have worked for the City of Miami Beach for many many years transporting camp children, seniors, and special events. PLEASE CHECK OUR RECORD OF BREAKDOWNS before you dismiss the older buses. The proof is there. Thank you for your consideration. Fran Martinelli CEO for Franmar Bus Company Page 691 of 1416 DocuSign Envelope ID:C5E4CD24-48BA-457F-9D02-A83C8F06C38C FRANMAR CORP. LIST OF VEHICLES REVISED February 12,2021 YR ' VEH MAKE I Tag# VIN# Bus# TYPE ` Transponders I 2000 INTL i MIL39A 1HVBBABNIYH285929 #66 AC 1483716001102 2003 INT'L MIL43A 4DRBRAAN13A949873 #69 AC/SB 1092617701107 2005 ICCO MIR43X 4DRBUAAN45A977927 #82 AC/SB 0008660210100 2003 INT'L MIL42A 1HVBBAAN53H580963 . #92 I AC/SB 2000 INT'L MIQ89F ' 1HVBBAAN8YH321942 #74 1 AC/SB _1092619201106 1992 FORD MIQ9OF 1FDXJ75CONVA21458 #95 ( AC/SB 1092620001104 1992 FORD MIL46A 1FDXJ75C9NVA21460 #97 1 AC/SB 1092616501102 2005 INT1 MIL50A 4DRBUAAN56A164582 #75 AC/SB 1092617801106 2006 INT'L MIL40A 4DRBUAAN76A162798. #80 WC/AC/SB 1021549601104 2006 INT'L MIL44A 4DRBUAAN56A298394 #81 WC/AC/SB 1021549801102 1996 INT'L MIQ87F 1HVBDABN9TH377891 #84 WC/AC/SB 0494441901103 1996 INT'L MIP77W 1HVBDABN6TH377945 #85 WC/AC/SB 0144100801108 2008 INT'L MIL64G 4DRBUAAN08B652528 #77 AC/SB 1092616201105 2003 INT'L MIQ86F 1HVBBAANX3H580960 #94 AC/SB 1092617101103 2005 ICCO MIL62G 4DRBUAANXSA977995 #35 AC/SB 0094888510102 2003 INT'L MIN82P 1HVBBAAN23H580967 #90 AC/SB 1483715901106 1998 THOMAS INTL M1T66P 1HVBBAAN5WH517141 #58 AC/SB 1092620801106 2002 Freightliner MIP6OF 4UZAAXAK12CI34099 #86 AC/SB 0144026901100 2003 INT1 MIM43U 4DRBRAAN23A957707 #88 AC/SB 0144101401109 2001 Freightliner MIL45A 4UZ6C]AA51CG83472 #54 AC/SB 0488798001106 2001 THOMAS INTL MII65G 4UZ6CJAAX1CG93687 #51 F AC/SB 1483714901109 2004 BLUE BIRD MIL76G 1HVBBABN84H613311 #36 AC/SB 0097063210103 1993 FORD MIM86K 1FDX375C3PVA05743 #48 AC 1092620101103 2005 INT'L ELRWO3 4DRBUAAN65A978013 1 #78 AC/SB 0097149710109 2003 INT'L H DBZ80 4DRBRABN23B957585 #60 AC/SB 0681508501101 2003 Freightliner HFHCO5 4UZAAXAK83CK30569 #45 AC/SB 0681833601103 2002 INT'L MIP37M IHVBRABNX2A943114 #49 AC/SB 0144101801105 2003 HFHA18 4DRBRABN936957583 #63 AC/SB 144043801108 2002 INT'L MIQ41M 1HVBBABN92H537546 #37 AC/SB 0499868301109 2004 BLUEBIRD MIL31Z 1HVBBABN84H613308 #38 AC/SB 0097066010106 2006 THOMAS MIL61G 4UZABRCS36CV52160 #39 AC/SB 0488791201105 2006 Freightliner MIQ43R 4UZABRCS66CV52153 1 #40 AC/SB 0499869701102 2006 Freightliner MIL75G 4UZABRCSX6CV52169 #42 1 AC/SB 0486225801101 2006 Freightliner ~MIL63G 4UZABRCS46CV52152 #43 AC/SB 0477448701107 2007 THOMAS MIL74G 4UZABRDC47CX43238 #99 AC/SB 0499869801101 2003 Freightliner MIR32X 4UZAAXAK33CL69976 #33 AC/SB 0008549010100 2004 ICCO MIR31X 4DRBRAAN04971543 #34 AC/SB 0145333201105 2004 ICCO MIR44X 4DRBRAANX4A962445 #30 AC/SB 0008538410100 2005 ICCO MIR42X 4DRBUAAN65A977928 #31 AC/SB 0008548610107 2006 THOMAS MIS33D 4UZABRCS66CV56509 #25 AC/SB 0097148410105 2006 THOMAS MIS32D 4UZABRCS56CV56503 #26 AC/SB 0097146310102 2005 ICCO MIR36X 4DRBUAAN45A977930 #27 AC/SB 0094909810101 2003 THOMAS MIS31D 4UZAAXAK33CK55427 #28 AC/SB 0097083710106 2003�ICCO MIL37A 4DRBRABN33B957546 #29 AC/SB 0097094010109 2006 ICCO MIS37D 4DRBUAAN96A200032 #22 AC/SB _ 0097083110102 2004 ICCO MIS36D 4DRBRAAN14A971518 #23 AC/SB 0045754010109 2006 THOMAS MIS35D 4UZABRCSO6CV56506 #24 AC/SB 0067059610101 2003 ICCO MIS42D 4DRBRABN73B957565 #19 AC/SB 0067056610100 2003 ICCO MIS4OD 4DRBRABN03B957584 #20 AC/SB 0096973910109 - 2002 AMRT MIS41D IHVBRABN12A943096 #21 AC/SB 0097130610108 2007 I BLUB MIS51K 1BAKGCKA57F245065 #83 AC/SB 0138029510102 Page 692 of 1416 DocuSign Envelope ID:C5E4CD24-48BA-457F-9D02-A83C8F06C38C 2006 I THOMAS ; MIP76W 14UZABRCS56CV27700 I #62 AC/SB 10138017210102 2007 THOMAS MIP73W l 4UZABRCS67CX69526 #07 AC/SB 0138016210105 2006 THOMAS MIQ88F 4UZABRCS76CV27696 I #06 AC/SB 10138016310104 f 2000 , INTL , MIR03M 1HVBBAAN0YH321949 I #71 AC/SB 1092619901109 • Page 693 of 1416 DocuSign Envelope ID:C5E4CD24-48BA-457F-9D02-A83C8F06C38C Department of Transportation TO REQUEST FIELD TRIPS/ACTIVITIES TO MIAMI-DADE COUNTY PUBLIC SCHOOLS PLEASE SUBMIT FORM # FM-1596 TO THE CORRESPONDING TRANSPORTATION CENTER FOR YOUR SCHOOL. Updated: 10/1/2020 THE FOLLOWING IS THE CURRENT LIST OF PRIVATE SCHOOL BUS SERVICES WHICH ARE APPROVED TO OPERATE ROUTES, FIELD TRIPS, AND ACTIVITY TRIPS FOR MIAMI-DADE COUNTY PUBLIC SCHOOLS AS OF THIS DATE.THIS LIST IS UPDATED PERIODICALLY. 1. A + Kiko & Kika School Bus Service 2110 SW 20 Street. Miami, Florida 33145 Cell: 305-219-2342 Phone: 305-856-6832 Ms. Celeste Rodriguez Email: kikoandkikabus@gmail.com (mailto:kikoandkikabus@gmail.com) Website: (http://www.kikoandkika.com/)www.kikoandkika.com (http://www.kikoandkika.com/) 2. ABC School Bus Service, Inc 5137 SW 140 Terrace Miramar, Fl 33027 Phone: 786-429-3741 Mr. Abdiel Vera email: ABCschoolbus@outlook.com (mailto:ABCschoolbus@outlook.com) Website: www.abcschoolbus.com 2. A Plus Bus USA, Corp. d.b.a. A Plus School Bus 8010 N.W. 56 Street. Doral, Florida 33166 Phone: 786-273-7287 Fax: 786-269-2282 Mr. Miguel Izquierdo E-mail: info@aplusbus.com (mailto:info@aplusbus.com) Website: www.aplusbus.com (http://www.aplusbus.com/) Page 694 of 1416 https://dot.dadeschools.net/#±/tullWidth/3335 2/7 DocuSign Envelope ID:C5E4CD24-48BA-457F-9D02-A83C8F06C38C Department of Transportation 3. Air B School Bus Transportation, Inc. 6241 S. W. 16th Terrace. Miami, Florida 33155 Phone: (305) 267-1001 or 305-264-7579 Fax: (305) 267-3139/305-264-6848 Mr. Henry Beltran/Ms. Naday Beltran E-Mail: info@airbbus.com (mailto:info@airbbus.com) 4. ADT Transportation, Inc. 4310 N. W. 185 Street. Carol City, Florida 33055 Phone: (305) 625-7710 Fax: (305) 359-5407 Cell: (786) 285-8752 Text: 786-419-3122 Ms. Anita Trujillo E-Mail: ADTTransport@gmail.com (mailto:ADTTransport@gmail.com) 5. AMA Transportation, Inc 4749 Orange Drive . Davie, Florida 33314 Phone: 305-685-8040 or 954-584-5877 Mr. Ricardo Love E-Mail reservations@AlAtransportation.com (mailto:reservations@A1 Atransportation.com) Website: www.A1 ATRANSPORTATION.COM (http://www.alatransportation.com/) 6. Carlos & Susanna School Bus Service 6241 S.W. 16 Terrace, Miami, Florida 33155 Phone: (305)261-8571 Fax: (305) 266-2284 Mr. Henry Beltran E-Mail: info@airbbus.com (mailto:info@airbbus.com) 7 Franmar Corporation Page 695 of 1416. https://dot.dadeschools.net//!/fullWidth/3335 3/7 DocuSign Envelope ID:C5E4CD24-48BA-457F-912102-AB3CBF06C38C Department of Transportation 19301 S. W. 108 Avenue, Miami, Florida 33177 Phone: (305) 253-5086 Fax: (305) 253-8427 Cell: 305-878-4912 Ms. Fran Martinelli/Sabrina/Michelle E-Mail: booking@franmarbus.com (mailto:booking@franmarbus.com) 8. J & M Vera School Bus Service Inc. 2597 W. 70 Street. Hialeah, Florida 33016 Mr. Jose Vera Phone: 305-822-0615 Cell: 305-345-1144 Website: www.veraschoolbus.com (http://www.veraschoolbus.com/) Email: Jmverabus@gmail.com (mailto:Jmverabus@gmail.com) 9. Maranata School Bus Service Corporation 7161 S. W. 7 Street, Miami, Florida 33144 Phone: (305) 264-8423 Fax: (305)260-0732 Cell: 305-773-5436 Mr. Ulises Arias E-Mail: UlisesArias@Maranataschoolbusservice.com (mailto:UlisesArias@Maranataschoolbusservice.com) Website: www.MARANATASCHOOLBUSSERVICE.COM (http://www.maranataschoolbusservice.com/) 11. Mercedes Orellana School Bus Service, Inc. 8847 NW. 110th Street. Hialeah Gardens, Florida 33018 Phone: 305-556-5771 Cell: 786-419-0337 Ms. Mercedes Orellana E-Mail: ORELLANAM@BELLSOUTH.NET (mailto:ORELLANAM@BELLSOUTH.NET) 12. Munoz School Bus Service 2838 Village Green Drive. Miami, Florida 33175 Fax: (305) 982-2837 Cell: (305) 338-2236 Ms. Millie Munoz Cell: (305)282-6694 E-Mail: Radames53@hotmail.com (mailto:Radames53@hotmail.com) Page 696 of 1416 https://dot.dadeschools.net/OfullWidth/3335 4/7 DocuSign Envelope ID:C5E4CD24-48BA-457F-9D02-A83C8F06C38C wi i utuc i Department of Transportation 13. M& M Marroquin Bus Service, Inc. 2930 SW 17th Street. Miami, FL 33145 Phone: 305-446-0246/305-773-1276 Mr. Andres Jomarron 786-236-1544 Marco A. Marroquin Email: MMbusservice@yahoo.com (mailto:MMbusservice@yahoo.com) Do not contract with companies which do not appear on this list, under any circumstances. If a company does not appear on the above list, it is not approved to provide school bus transportation to M-DCPS students at this time. Principals are responsible to ensure that approved contracted buses have inspection decals, and driver credentials are up to date before any field trips or activity trips take place. The Use of Metro buses is not approved by Miami-Dade County Public Schools. Questions concerning this e-mail should be directed to the Department of Procurement Management at 305-995-1621. WE ARE NO LONGER ACCEPTING ANY NEW SCHOOL BUS SERVICE VENDORS. WE ARE ACCEPTING THE YELLOW SCHOOL BUS INSPECTION STICKER FROM BROWARD COUNTY PUBLIC SCHOOLS, ALONG WITH OUR MIAMI-DADE COUNTY PUBLIC SCHOOLS CURRENT RED INSPECTION STICKER. Page 697 of 1416 https:lidot.dadeschools.net/OfullWidth/3335 5/7 DocuSign Envelope ID:C5E4CD24-48BA-457F-9D02-A83C8F06C38C ATTACHMENT D INSURANCE REQUIREMENTS Page 698 of 1416 DocuSign Envelope ID:C5E4CD24-48BA-457F-9D02-A83C8F06C38C MAMBEACH INSURANCE REQUIREMENTS This document sets forth the minimum levels of insurance that the contractor is required to maintain throughout the term of the contract and any renewal periods. The vendor shall maintain the below required insurance in effect prior to awarding the contract and for the duration of the contract. The maintenance of proper insurance coverage is a material element of the contract and failure to maintain or renew coverage may be treated as a material breach of the contract,which could result in withholding of payments or termination of the contract. A. Worker's Compensation Insurance for all employees of the vendor as required by Florida Statute 440, and Employer Liability Insurance for bodily injury or disease. Should the Vendor be exempt from this Statute,the Vendor and each employee shall hold the City harmless from any injury incurred during performance of the Contract. The exempt Vendor shall also submit (i) a written statement detailing the number of employees and that they are not required to carry Workers' Compensation insurance and do not anticipate hiring any additional employees during the term of this contract or(ii)a copy of a Certificate of Exemption. B. Commercial General Liability Insurance on an occurrence basis, including products and completed operations, property damage, bodily injury and personal &advertising injury with limits no less than$1,000,000 per occurrence, and$2,000,000 general aggregate. C. Automobile Liability Insurance covering any automobile, if vendor has no owned automobiles,then coverage for hired and non-owned automobiles,with limit no less than$1,000,000 combined per accident for bodily injury and property damage. Additional Insured-City of Miami Beach must be included by endorsement as an additional insured with respect to all liability policies(except Professional Liability and Workers'Compensation)arising out of work or operations performed on behalf of the Vendor including materials,parts,or equipment furnished in connection with such work or operations and automobiles owned, leased, hired or borrowed in the form of an endorsement to the Vendor's insurance. Notice of Cancellation-Each insurance policy required above shall provide that coverage shall not be cancelled, except with notice to the City of Miami Beach do EXIGIS Insurance Compliance Services. Waiver of Subrogation—Vendor agrees to obtain any endorsement that may be necessary to affect the waiver of subrogation on the coverages required. However,this provision applies regardless of whether the City has received a waiver of subrogation endorsement from the insurer. Darthvade Acceptability of Insurers—Insurance must be placed with insurers with a current A.M. Best rating of A:VII or higher. If not rated,exceptions may be made for members of the Florida Insurance Funds (i.e. FWCIGA, FAJUA). Carriers may also be considered if they are licensed and authorized to do insurance business in the State of Florida. ITB 2021-094-AY 21 Page 699 of 1416 DocuSign Envelope ID:C5E4CD24-48BA-457F-9D02-A83C8F06C38C Verification of Coverage—Vendor shall furnish the City with original certificates and amendatory endorsements, or copies of the applicable insurance language, effecting coverage required by this contract. All certificates and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Vendor's obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements, required by these specifications,at any time. CERTIFICATE HOLDER MUST READ: CITY OF MIAMI BEACH do EXIGIS Insurance Compliance Services P.O. Box 4668—ECM#35050 New York, NY 10163-4668 Kindly submit all certificates of insurance, endorsements, exemption letters to our servicing agent, EXIGIS,at: Certificates-miamibeach@riskworks.com Special Risks or Circumstances - The City of Miami Beach reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. Compliance with the foregoing requirements shall not relieve the vendor of his liability and obligation under this section or under any other section of this agreement. ITB 2021-094-AY 22 Page 700 of 1416 I I BEi\( H CITY OF MIAMI BEACH CERTIFICATION OF CONTRACT TITLE: For: Bus Transportation Services CONTRACT NO.: 2016-031-ITB-AK EFFECTIVE DATE(S): This Contract shall remain in effect for two (2) years, and may be renewed at the sole discretion of the City, though its City Manager, for three (3) additional (1) years terms. The Contracts will offer flexible resources to ensure that the Parks and Recreation Department is able fulfill its requirements relative to bus transportation needs in a timely manner at the bid prices. SUPERSEDES: N/A CONTRACTOR(S): Franmar Corporation (Secondary Vendor Group 1) (Primary Vendor Group 2-Rotational Basis or on Availability) (Primary Vendor for Group 3) (Primary Vendor for Group 4). ESTIMATED ANNUAL CONTRACT AMOUNT: $70,000.00 A. AUTHORITY - Upon affirmative action taken by the Mayor and City Commission of the City of Miami Beach, Florida, on March 9, 2016 for approval to award a contract, upon execution between the City of Miami Beach, Florida, and Franmar Corporation, a Florida corporation(The Contractor). B. EFFECT - This Contract is entered into to provide for Bus Transportation Services pursuant to City Invitation to Bid No. 2016-031-IT3-AK and any addenda thereto (the ITB), and Contractor's bid in response thereto (this Contract, the ITB, and Contractor's bid in response thereto may hereinafter collectively be referred to as the "Contract Documents"). C. ORDERING INSTRUCTIONS - All blanket purchase orders shall be issued in accordance with the City of Miami Beach Department of Procurement Management policies and procedures, at the prices indicated, exclusive of all Federal, State and local taxes. All blanket purchase orders shall show the City of Miami Beach Contract Number 2016-031-ITB-AK. D. CONTRACTOR PERFORMANCE - City of Miami Beach departments shall report any failure of Contractor's performance (or failure to perform) according to the requirements of the Contract Documents to City of Miami Beach, John Reber, Parks and Recreation— Parks Director at 305-673-7000 ext. 6643. 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 Page 7d1 of 1416 Page 2 Certification of Contract 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. 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 art 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 Page 70i of 1416 Page 3 Certification of Contract and that no third party shall be entitled to assert a claim against either of them based upon this Contract and/or the Contract Documents. The parties expressly acknowledge that it is not their intent to create any rights or obligations in any third person or entity under this Contract and/or the Contract Documents. K. NOTICES - Whenever either party desires to give notice to the other, such notice must be in writing, sent by certified United States Mail, postage prepaid, return receipt requested, or by hand-delivery with a request for a written receipt of acknowledgment of delivery, addressed to the party for whom it is intended at the place last specified. The place for giving notice shall remain the same as set forth herein until changed in writing in the manner provided in this section. For the present, the parties designate the following: For City: Alex Denis. Procurement Director City of Miami Beach Department of procurement Management 1755 Meridian Avenue,3`d Floor Miami Beach, Florida 33139 With copies to: City Clerk City Clerk Office 1700 Convention Center Drive Miami Beach, Florida 33139 For Contractor. Franmar Corporation. 19301 SW 108 Avenue Miami, FL. 33157 Attn: Fran Martinelli Phone:305-253-5086 Fax: 305-253-8427 E-mail:franmarbuseaol.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. Page 701 of 1416 Page 4 Certification of Contract M. SEVERANCE - In the event a portion of this Contract and/or the Contract Documents is found by a court of competent jurisdiction to be invalid, the remaining provisions shall continue to be effective unless City or Contractor elects to terminate this Contract. An election to terminate this Contract based upon this provision shall be made within seven (7) days after the finding by the court becomes final. N. APPLICABLE LAW AND VENUE - This Contract and/or the Contract Documents shall be enforceable in Miami-Dade County, Florida, and if legal action is necessary by either party with respect to the enforcement of any or all of the terms or conditions herein exclusive venue for the enforcement of same shall lie in Miami-Dade County, Florida. By entering into this Contract, Contractor and City hereby expressly waive any rights either party may have to a trial by jury of any civil litigation related to, or arising out of the Contract and/or the Contract Documents. Contractor, shall specifically bind all subcontractors to the provisions of this Contract and the Contract Documents. 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. Page 704 of 1416 Page 5 Certification of Contract IN WITNESS WHEREOF the City and Contractor have caused this Certification of Contract to S be signed and attested on this C day of Jul , 20 Ic, by their respective duly authorized representatives. FRANMAR COPRPORATION CITY OF MIAMI BEACH By OLiv• itai4Pbai. e By C(L)President/ Signature( Ph ip Levine, Mayor 512 V/90/(. Print Name Date Dal ATTEST: ATTEST: Secretary/Signature Ra ael E. ranado, City Clerk *-AllC\ V6 \ Print Name Date v."\ Da J 1 !i lri' rf'1 * "�� .• '. s � Mrs maiEu.E'amazon * EXPIRES:Aupust 21,2018 �+,� mcie bided TAN Buao11 Nodry sou APPROVED AS TO FORM& LANGUAGE &F EXECUTION `l 111 City Attorney , , Date - Page 70%of 1416 ATTACHMENT A RESOLUTION COMMISSION ITEMS AND COMMISSION MEMORANDUM Page 706 of 1416 COMMISSION ITEM SUMMARY Condensed Title: REQUEST FOR APPROVAL TO AWARD CONTRACT PURSUANT TO INVITATION TO BID(ITB) NO. 2016-031-AK FOR BUS TRANSPORTATION SERVICES. Key Intended Outcome Supported: N/A Supporting Data(Surveys,Environmental Scan,etc: NIA Item Summary/Recommendation: The purpose of Invitation to Bid no. 2016-031-AK(the"bid") is to award contracts for bus transportation services for recreational programs to include(but not necessary limited to)after school,camp programs and various field trips for the Parks and Recreation Department. The referenced ITB was issued on December 9,2015.62 bid notices were issued.30 vendors downloaded the bid documents from PublicPurchase.On January 25, 2016 bids were received from:Air B School Bus Transportation, Inc., and Franmar Corporation, Inc. Both bids were deemed to be responsive to the requirements of the ITB.Air B School Bus Transportation, Inc., currently provides services to the Miami- Dade School Board and Broward District Schools,Franmar Corporation,Inc.,currently provides services to the Miami-Dade School Board and the City of Miami Beach. The successful bidders'contracts shall be executed for a period of two(2)years,and may be renewed at the sole discretion of the City,through its City Manager,for three(3)additional one(1)year terms.The contracts will offer flexible resources to ensure that the Parks and Recreation Department is able fulfill its requirements relative to bus transportation needs in a timely manner at the bid prices. RECOMMENDATION The Administration recommends that the Mayor and City Commission of the City of Miami Beach.Florida, approve the City Manager's recommendation pertaining to the bids received,pursuant to ITB 2016-031-AK for Bus Transportation Services. The City Manager has considered staffs recommendation and the bids received,pursuant to ITB 2016-031- AK,and recommend that the Mayor and City Commission of the City of Miami Beach,Florida,authorize the Mayor and City Clerk to execute contracts for the referenced services as follows: Group 1 Air B School Bus Transportation, Inc. Primary Franmar Corporation, Inc. Secondary Group 2 Tie bids were received.The department will select the vendor to use on a rotational basis, or based on availability. Group 3 Franmar Corporation, Inc. Primary Air B School Bus Transportation, Inc. Secondary Group 4 Franmar Corporation, Inc. Primay Air B School Bus Transportation, Inc. Secondary and further authorize the Mayor and City Clerk to execute the contract(s). Advisory Board Recommendation: .f N/A Financial Inform on: Source oft Amount I Account Fund 1 $70,000 1 011-0950-00323 Total 570,000 Finan al Impact Summary: City Clerk's Office Legislative Tracking: I Alex Denis,John Rebar Sign-Offs: 1 Dep. ment [rector Assis . � � � nager City AD ,��� JR MT ...11r! JLM rr T:AGENM12616Wercf+lProW,., ,t 2016.031,AK Sus TnnspartebonWTB 2616 031�1(Bus Transportation Services anion Item 8 vary axC AGENDA ITEM_ C� Alt I AW I BEACH Page 7 of 1416 BATE 3-9-16 4 / • J•.. i.� •fi •.•.L: BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov COMMISS N MEMORANDUM TO: Mayor Philip Levine and Members the City if mission FROM: Jimmy L. Morales, City Manager DATE: March 9, 2016 SUBJECT: REQUEST FOR APPRO AL TO AWARD CONTRACT PURSUANT TO INVITATIO TO BID (ITB) NO. 2016-031-AK FOR BUS TRANSPORTATION SERVICES. FUNDING All expenditures pursuant to this contract will be based on approved funding appropriated to the respective department's budget. BACKGROUND The purpose of Invitation to Bid no. 2016-031-AK(the"bid")is to award contracts for bus transportation services for recreational programs to include (but not necessary limited to) after school, camp programs and various field trips for the Parks and Recreation Department. BID PROCESS The referenced ITB was issued on December 9, 2015. 62 bid notices were issued. 30 vendors downloaded the bid documents from PublicPurchase. On January 25, 2016 bids were received from:Air B School Bus Transportation, Inc., and Franmar Corporation, Inc. Both bids were deemed to be responsive to the requirements of the ITB.The bid tabulation is attached. Air B School Bus Transportation, Inc., currently provides services to the Miami- Dade School Board and Broward District Schools, Franmar Corporation, Inc., currently provides services to the Miami-Dade School Board and the City of Miami Beach. The successful bidders' contracts shall be executed for a period of two (2) years, and may be renewed at the sole discretion of the City, through its City Manager, for three (3) additional one (1) year terms. The contracts will offer flexible resources to ensure that the Parks and Recreation Department is able fulfill its requirements relative to bus transportation needs in a timely manner at the bid prices. 1 Page 7Aof 1416 ITB 2016-031-AK Bus Transportation Services CITY MANAGER'S REVIEW AND RECOMENDATION I have considered staffs recommendation and the bids received, pursuant to ITB 2016-031-AK, and recommend that the Mayor and City Commission of the City of Miami Beach, Florida, authorize the Mayor and City Clerk to execute contracts for the referenced services as follows: Group 1 ' Air B School Bus Transportation, Inc. Primary Franmar Corporation, Inc. Secondary Group 2 Tie bids were received. The department will select the vendor to use / on a rotational basis, or based on availability. ^Group 3 Franmar Corporation, Inc. Primary Air B School Bus Transportation, Inc. Secondary Group 4 Franmar Corporation, Inc. Primary Air B School Bus Transportation, Inc. Secondary • JLM1EC/J AD T:IAGENDA1201 Prccwe,endtlB-2D16-o31-AK 8US TRASNPORTATION MEMO.doc 2 Page 7Q94of 1416 ITB 2016-031-AK TABULATION SHEET ITS 2016-031-AK BUS TRANSPORTATION SERVICES AIR B SCHOOL BUS TRANSPORTATION,INC. FRANMAR CORPORATION,INC. GROUP I School Buses Service gtlantlties hourly rate Total t: Hourly rate Total • 1.School bus with air conditioning(30-47 capacity)—within Miami-Dade County 100 $41.00 /Hour $4,100.00 SSB $5,800.00 2.School bus with air conditioning(30-47 capacity)—within Broward County i00 $58.OQ /Hour $S• W° $58.00/Hour $5,800.00 3.School bus with air conditioning(30-47 capacity)-within Palm Beach County 100 Hour $6,500•00 S58.00/Hour $5,800.00 4.School bus with air conditioning(19-29 capacity)equipped with wheel chair lift. 2 $95-QQ/dour $190.00 $5$.00/FOour $116.00 Primary -o CD tisal UP rn 3 ITB 2016-031-AK TABULATION SHEET ITB 2016-031-AK BUS TRANSPORTATION SERVICES AIR B SCHOOL BUS TRANSPORTATION, INC. FRANMAR CORPORATION, INC. GROUP.I School Buses Service Quantities Hourly rate Total • Hourly rate Total • 1.School bus with air conditioning(30-47 capacity)—within Miami-Dade County 100 $41.00 /Hour $4410•00 558.04!Hour _ $5,800.00 2.School bus with air conditioning(30-47 capacity)—within Broward County 100 $58-00 /Hgfr $5,800. 0 S58.00/Hour $5,800.00 3.School bus with air conditioning(30-47 capacity)-within Palm Beach County 100 W.QQ /Nowt $6,500'0 $58.001Hour $5,800.00 4.School bus with air conditioning(19-29 capacity)equipped with wheel chair lift. 2 S85, 0 JHour $190A0 $58.00/dour $116.00 Primary angli.al2L 13 m CD m Cl/0 a rn 3 THIS PAGE INTENTIONALLY LEFT BLANK Page 727f1416 ATTACHMENT B INVITATION TO BID {ITB) AND ADDENDUMS Page 713 of 1416 MIAMIBEACH City of Miami Beach, 1755 Me,•3ion Avenue 3 '.•ccr. M,er^I 3ecch =cr do 33139.Www.r^+o-n beachrl.3ov P:-;: jR=A.v_N Dc=ARTMENT ADDENDUM NO. 1 INVITATION TO BID (ITB) NO. 2016-031-AK BUS TRANSPORTATION SERVICES January 20, 2016 This Addendum to the above-referenced ITB is issued in response to questions from prospective proposers, or other clarifications and revisions issued by the City. The ITB is amended in the following particulars only. RESPONSES TO QUESTIONS RECEIVED Q#1: Does the City allow using school buses that are more than (8) eight years since manufacture. A#1: Yes. The City will allow to use school buses manufactured in 2002 or later. Any questions regarding this Addendum should be submitted in writing to the Procurement Department to the attention of the individual named below, with a copy to the City Clerk's Office at RafaelGranadoCc�miamibeachfl.Gov. Procurement Contact: Telephone: I Email: Aneta Kamyczek 305-673-7000, ext. 6455 i anetakamyczek@miamibeachfl.gov Proposers are reminded to acknowledge receipt of this addendum as part of your ITB submission. Potential proposers that have elected not to submit a response to the ITB are requested to complete and return the "Notice to Prospective Bidders" questionnaire with the reason(s) for not submitting a proposal. Sincerely, Alex Denis Procurement Director Page 714 of 1416 1 t ,1 : ' B E A �/ H INVITATION TO BID (ITB) 3.1L T'.,AN 3.O TATON SER ICES ITB 201603 t .AK BID ISSUANCE DATE: DECEMBER 9, 2015 BID DUE: JANUARY 25 2016 @ 3:00 PM ISSUED BY: MIAMIBEACH Aneta Kamyczek, Contracting Officer I PROCUREMENT DEPARTMENT 1755 Meridian Ave, 3"i Floor, Miami Beach, Fl 33139 305.673.7000 x6650 I www.miamibeachfl.gov Page 715 of 1416 H BEACH i TABLE OF CONTENTS SOLICITATION SECTIONS: PAGE 0100 NOT UTILIZED N/A 0200 INSTRUCTIONS TO BIDDERS& GENERAL CONDITIONS 3 0300 BID SUBMITTAL INSTRUCTIONS & FORMAT 16 APPENDICES: APPENDIX A PROPOSAL CERTIFICATON, QUESTIONNAIRE AND AFFIDAVITS APPENDIX B "NO BID"FORM APPENDIX C MINIMUM REQUIREMENTS & SPECIFICATIONS APPENDIX D SPECIAL CONDITIONS APPENDIX E COST PROPOSAL FORM APPENDIX F INSURANCE REQUIREMENTS • Ii3 20 i&031 -AK 2 Page 716 of 1416 LBEACH 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.oublicpurchase.com) for automatic notification of competitive solicitation opportunities and document fulfillment, including the issuance of any addendum to this ITB. Any prospective Bidder who has received this ITB by any means other than through PublicPurchase must register immediately with PublicPurchase to assure it receives any addendum issued to this ITB. Failure to receive an addendum may result in disqualification of proposal submitted. 2, PURPOSE. The purpose of this bid is to establish a contract with a licensed company for bus transportation services for recreational programs to include but not limited to after school and camp programs and various field trips for the Parks and Recreation Department, as specified herein. 3.SOLICITATION TIMETABLE.The tentative schedule for this solicitation is as follows: ITB Issued December 9,2015 Pre-Bid Meeting December 17,2015 @ 11:00AM Deadline for Receipt of Questions January 15,2016 @ 5:00PM Responses Due January 25,2016 @ 3:00PM Tentative Commission Approval Authorizing Award TBD 4. PROCUREMENT CONTACT.Any questions or clarifications concerning this solicitation shall be submitted to the Procurement Contact noted below: Procurement Contact: Telephone: Email: Aneta Kamyczek 305 673 7000#6455 anetakamyczak @miamibeachfl.5cv Additionally, the City Clerk is to be copied on all communications via email at: RafaelGranado,anmiamibeachfl.aov ; or facsimile: 786-394-4188. The Bid title/number shall be referenced on all correspondence. All questions or requests for clarification must be received no later than ten(10)calendar days prior to the date proposals are due as scheduled in Section 0200-3. All responses to questions/clarifications will be sent to all prospective Proposers in the form of an addendum. 4. PRE-BID MEETING OR SITE VISIT(S). Only if deemed necessary by the City, a pre-bid meeting or site visit(s) may be scheduled. ITB 20`6-031 -AK Page 717 of 1416 BEACH A Pre-Bid conference will be held as scheduled in Solicitation Timeline above at the following address: City of Miami Beach Procurement Department's Conference Room 1755 Meridian Ave, 3rd Floor Miami Beach, Florida 33139 Attendance (in person or via telephone) is encouraged and recommended as a source of information, but is not mandatory. Proposers interested in participating in the Pre-Bid Submission Meeting via telephone must follow these steps: (1) Dial the TELEPHONE NUMBER: 1-888-270-9936(Toll-free North America) (2)Enter the MEETING NUMBER: 1142644 Proposers who are interested in participating via telephone should send an e-mail to the contact person listed in this ITB expressing their intent to participate via telephone. 5. PRE-BID INTERPRETATIONS. Oral information or responses to questions received by prospective Bidders are not binding on the City and will be without legal effect, including any information received at pre-bid meeting or site visit(s). Only questions answered by written addenda will be binding and may supersede terms noted in this solicitation.Addendum will be released through PublicPurchase. 6. CONE OF SILENCE. Pursuant to Section 2-486 of the City Code, all procurement solicitations once advertised and until an award recommendation has been forwarded to the City Commission by the City Manager are under the "Cone of Silence." The Cone of Silence ordinance is available at http://library.municode.comiindex,aspx?client1D=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: h t1c:,'web.miamibeachfl.gov/procurement'scroll.aspx?id=23510 • CONE OF SILENCE CITY CODE SECTION 2-486 • PROTEST PROCEDURES CITY CODE SECTION 2-371 • DEBARMENT PROCEEDINGS CITY CODE SECTIONS 2-397 THROUGH 2-485.3 • LOBBYIST REGISTRATION AND DISCLOSURE OF FEES CITY CODE SECTIONS 2.481 THROUGH 2-406 • CAMPAIGN CONTRIBUTIONS BY VENDORS CITY CODE SECTION 2-487 • CAMPAIGN CONTRIBUTIONS BY LOBBYISTS ON PROCUREMENT ISSUES CITY CODE SECTION 2-488 • REQUIREMENT FOR CITY CONTRACTORS TO PROVIDE EQUAL BENEFITS FOR DOMESTIC PARTNERS CITY CODE SECTION 2-373 • LIVING WAGE REQUIREMENT CITY CODE SECTIONS 2-407 THROUGH 2410 • PREFERENCE FOR FLORIDA SMALL BUSINESSES OWNED AND CONTROLLED BY VETERANS AND TO STATE-CERTIFIED SERVICE- DISABLED VETERAN BUSINESS ENTERPRISES CITY CODE SECTION 2-374 1 B 2016-031-AK 4 Page 718 of 1416 • I BEACH • 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 Bidders observations with the solicitation. • Notify the Procurement Director of all conflicts, errors or discrepancies in the solicitation of which Bidder knows or reasonably should have known. • The submission of a Bid shall constitute an incontrovertible representation by Bidder that Bidder has complied with the above requirements and that without exception, the Bid is premised upon performing and furnishing the Work required by the solicitation and that the solicitation documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. 9.POSTPONEMENT OF DUE DATE FOR RECEIPT OF BIDS.The City reserves the right to postpone the deadline for submittal of bids and will make a reasonable effort to give at least three (3) calendar days written notice of any such postponement to all prospective Bidders through PublicPurchase. 10. PROTESTS. Protests concerning the specifications, requirements, and/or terms; or protests after the bid due date in accordance with City Code Section 2-371, which establishes procedures for protested proposals and proposed awards. Protests not submitted in a timely manner pursuant to the requirements of City Code Section 2-371 shall be barred. 11. VETERAN BUSINESS ENTERPRISES PREFERENCE. Pursuant to City of Miami Beach Ordinance No. 2011- 3748, the City shall give a preference to a responsive and responsible bidder which is a small business concern owned and controlled by a veteran(s)or which is a service-disabled veteran business enterprise, and which is within five percent (5%) of the lowest and best bidder, by providing such bidder an opportunity of providing said goods or contractual services for the lowest responsive bid amount. Whenever, as a result of the foregoing preference, the adjusted prices of two (2)or more bidders which are a small business concern owned and controlled by a veteran(s) or a service-disabled veteran business enterprise constitute the lowest bid pursuant to an ITB or oral or written request for quotation, and such bids are responsive, responsible and otherwise equal with respect to quality and service, then the award shall be made to the service-disabled veteran business enterprise. 12. CONTRACT PRICE. Bid Price is to include the furnishing of all labor, materials, equipment including tools, services, permit fees, applicable taxes, overhead and profit for the completion of the Work except as may be otherwise expressly provided in the solicitation. 13. METHOD OF AWARD. Following the review of bids and application of vendor preferences, the lowest responsive, responsible bidder(s) meeting all terms, conditions, and specifications of the ITB will be recommended for award by bid item, bid group, or for the entirety of all bid items, as deemed in the best interest of the City,to the City Manager for his consideration. After considering the staff recommendation for award, the City Manager shall exercise his due diligence and recommend to the Mayor and City Commission the bid that the City Manager deems IT3 2016-031-AK 5 Page 719 of 1416 . ! I BEACH to be in the best interest of the City.The City Commission shall consider the City Manager's recommendation(s)and, may approve or reject the City Manager's recommendation(s). The City Commission may also reject all bids received. In determining the lowest and best bidder, and in addition to price,Section 2-369 of the City Code provides that the City may consider the following: • The ability,capacity and skill of the bidder to perform the Contract. • Whether the bidder can perform the Contract within the time specified,without delay or interference. • The character,integrity,reputation,judgment, experience and efficiency of the bidder. • The quality of performance of previous contracts. • The previous and existing compliance by the bidder with laws and ordinances relating to the Contract. 14. MULTIPLE AWARDS.The City may award up to three vendors(primary, secondary, tertiary),as available, by line item, by group or in its entirety. The City will endeavor to utilize vendors in order of award. However, the City may utilize other vendors in the event that: 1)a contract vendor is not or is unable to be in compliance with any contract or delivery requirement; 2)it is in the best interest of the City to do so regardless of reason. 15. BINDING CONTRACT.The signed bid shall be considered an offer on the part of the bidder,which offer shall be deemed accepted upon award of the bid by the City Commission. The City Commission's selection or approval of the City Managers recommendation shall constitute a binding Contract between the City and the awarded bidder(s). The Contract shall include the solicitation, any and all addenda issued by the City and the Bid Proposal submitted the by bidder. In any discrepancy between the documents, the order of preference shall be as follows: 1)Addendum in reverse order of release;2) Solicitation;3)Bid Proposal. In case of default on the part of the successful bidder, the City may procure the items or services from other sources and hold the bidder responsible for any excess cost occasioned or incurred thereby, 16.VOLUME OF WORK TO BE RECEIVED BY CONTRACTOR. It is the intent of the City to purchase the goods and services specifically listed in this solicitation from the contractor. However, the City reserves the right to purchase any goods or services awarded from state or other governmental contract, or on an as-needed basis through the City's spot market purchase provisions. 17. GENERAL TERMS AND CONDITIONS. it is the responsibility of the Bidder to become thoroughly familiar with the Bid requirements, terms and conditions of this solicitation. Ignorance by the Bidder of conditions that exist or that may exist will not be accepted as a basis for varying the requirements of the City, or the compensation to be paid to the Bidder. 18. ACCEPTANCE OR REJECTION OF BIDS. The City reserves the right to reject any or all bids prior to award. Reasonable efforts will be made to either award the Contract or reject all bids within one-hundred twenty (120) calendar days after bid opening date. A Bidder may not withdraw its bid unilaterally nor change the Contract Price before the expiration of one hundred and twenty (120) calendar days from the date of bid opening. A Bidder may withdraw its bid after the expiration of one hundred twenty (120) calendar days from the date of bid opening by delivering written notice of withdrawal to the Department of Procurement Management prior to award of the Bid by the Mayor and City Commission. 19. ALTERNATE RESPONSES MAY BE CONSIDERED. The City may consider one (1) alternate response from the same Bidder for the same formal solicitation; provided, that the alternate response offers a different product that meets or exceeds the formal solicitation requirements. In order for the City to consider an alternate response, the Bidder shall complete a separate Price Sheet form and shall mark "Alternate Response". Alternate response shall ITB 2C 16-03 IAK 5 Page 720 of 1416 • " BEACH f be placed in the same response. This provision only applies to formal solicitations for the procurement of goods, services,items,equipment,materials,and/or supplies. 20.AMERICAN WITH DISABILITIES ACT.To request this material in accessible format, sign language interpreters, information on access for persons with disabilities, and/or any accommodation to review any document or participate in any city-sponsored proceeding, please contact 305-604-2489 (voice), 305-673-7524 (fax)or 305-673-7218 (TTY) five days in advance to initiate your request.TTY users may also call 711 (Florida Relay Service). 21. ANTI-DISCRIMINATION. The bidder certifies that he/she is in compliance with the non-discrimination clause contained in Section 202, Executive Order 11246, as amended by Executive Order 11375, relative to equal employment opportunity for all persons without regard to race,color, religion, sex or national origin. 22. ASSIGNMENT. The successful bidder shall not assign, transfer, convey, sublet or otherwise dispose of the contract, including any or all of its right, title or interest therein, or his/her or its power to execute such contract, to any person,company or corporation,without the prior written consent of the City. 23. AUDIT RIGHTS AND RECORDS RETENTION. The Successful Bidder agrees to provide access at all reasonable times to the City, or to any of its duly authorized representatives,to any books,documents, papers and records of Contractor which are directly pertinent to this formal solicitation,for the purpose of audit, examination,excerpts, and transcriptions. The Successful Bidder shall maintain and retain any and all of the books,documents,papers and records pertinent to the Contract for three(3)years after the City makes final payment and all other pending matters are dosed. Contractor's failure to or refusal to comply with this condition shall result in the immediate cancellation of this contract by the City. 24. BID BONDS, PERFORMANCE BONDS, CERTIFICATES OF INSURANCE. Bid Bonds,when required,shall be submitted with the bid in the amount specified in the Special Conditions. After acceptance of the bid, the City will notify the successful bidder to submit a performance bond and certificate of insurance in the amount specified in the Special Conditions. 25. BILLING INSTRUCTIONS. Invoices, unless otherwise indicated, must show purchase order numbers and shall be submitted to the ordering City department, 26. CANCELLATION. In the event any of the provisions of this Bid are violated by the bidder, the City shall give written notice to the bidder stating such deficiencies and, unless such deficiencies are corrected within ten (10) calendar days from the date of the City's notice, the City, through its City Manager, may declare the contract in default and terminate same, without further notice required to the bidder. Notwithstanding the preceding, the City, through its City Manager, also reserves the right to terminate the contract at any time and for any reason, without cause and for convenience, and without any monetary liability to the City, upon the giving of thirty (30) days prior written notice to the bidder. 27. CITY'S RIGHT TO WAIVE OR REJECT BIDS. The City Commission reserves the right to waive any informalities or irregularities in this Bid;or to reject all bids, or any part of any bid, as it deems necessary and in the best interest of the City of Miami Beach. 28. CLARIFICATION AND ADDENDA TO BID SPECIFICATIONS. If a bidder is in doubt as to the true meaning of the Bid specifications,or other Bid documents,or any part thereof,the bidder must submit to the City, at least seven (7) calendar days prior to the scheduled Bid opening date, a request for clarification. Any interpretation of the Bid, including,without limitation, responses to questions and request for clarification(s)from ITB 2016-031-AK 7 Page 721 of 1416 '‘ ! , I. 1BEI\CH bidders, will be made only by Addendum duly issued by the City. In the event of conflict with the original specifications, the Addendum shall supersede such specifications, to the extent specified. Subsequent Addendum shall govern over prior Addendum only to the extent specified. The bidder shall be required to acknowledge receipt of any and all Addendum, and filling in and signing in the spaces provided in section 5.0, Acknowledgements/Affidavits. Failure to acknowledge Addendum may deem a bid non-responsive. The City will not be responsible for explanations, interpretations, or answers to questions made verbally or in writing by any City representative, unless issued by the City via formal written Addendum to this Bid. Any questions or clarifications concerning the Bid shall be submitted in writing to the Procurement Department 1755 Meridian Ave, 3ro floor, Miami Beach, FL 33139 with a copy to the City Clerk. 29.COLLUSION.Where two(2)or more related parties each submit a bid or bids for any contract,such bids or bids shall be presumed to be collusive. The foregoing presumption may be rebutted by presentation of evidence as to the extent of ownership, control and management of such related parties in the preparation and submittal of such bid or bids. "Related parties"means bidders or the principals thereof which have a direct or indirect ownership interest in another bidder for the same contract,or in which a parent company or the principals thereof of one (1)bidder have a direct or indirect ownership interest in another bidder for the same contract. Bid or bids found to be collusive shall be rejected. Bidders who have been found to have engaged in collusion may also be suspended or debarred, and any contract resulting from collusive bidding may be terminated for cause, 30. CONDITION AND PACKAGING. Bidder guarantees items offered and delivered to be the current standard production model at time of bid and shall offer expiration dating of at least one year or later. Bidder also guarantees items offered and delivered to be new, unused, and free from any and all defects in material, packaging and workmanship and agrees to replace defective items promptly at no charge to the City of Miami Beach, for the manufacturer's standard warranty but in no case for a.period of less than 12 months from date of acceptance. All containers shall be suitable for storage or shipment,and all prices shall include standard commercial packaging. 31. CONTRACT EXTENSION. The City reserves the right to require the Contractor to extend contract past the stated termination date for a period of up to 120 days in the event that a subsequent contract has not yet been awarded.Additional extensions past the 120 days may occur as needed by the City and as mutually agreed upon by the City and the contractor. 32. DELIVERY. Unless actual date of delivery is specified (or if specified delivery cannot be met), show number of days (in calendar days) required to make delivery after receipt of purchase order, in space provided. Delivery time may become a basis for making an award. Delivery shall be within the normal working hours of the City using Department, Monday through Friday, excluding holidays. Receiving hours are Monday through Friday, excluding holidays,from 8:30 A.M. to 4:00 P.M. 33.DELIVERY TIME.Bidders shall specify in the attached Bid Form, the guaranteed delivery time(in calendar days) for each item. It must be a firm delivery time;no ranges(For example, 12-14 days)will be accepted. 34.DEMONSTRATION OF COMPETENCY. A. Pre-award inspection of the bidders facility may be made prior to the award of contract. B. Bids will only be considered from firms which are regularly engaged in the business of providing the goods and/or services as described in this Bid. ITB 2016-031-A< 3 Page 722 of 1416 • ' , ' BEACH C. Bidders must be able to demonstrate a good record of performance for a reasonable period of time, and have sufficient financial capacity, equipment, and organization to ensure that they can satisfactorily perform the services if awarded a contract under the terms and conditions of this Bid. D. the terms "equipment and organization", as used herein shall, be construed to mean a fully equipped and well established company in line with the best business practices in the industry, and as determined by the City of Miami Beach. E. The City may consider any evidence available regarding the financial, technical, and other qualifications and abilities of a bidder, including past performance (experience), in making an award that is in the best interest of the City. F. The City may require bidders to show proof that they have been designated as authorized representatives of a manufacturer or supplier, which is the actual source of supply. In these instances, the City may also require material information from the source of supply regarding the quality, packaging, and characteristics of the products to be supply to the City. Any material conflicts between information provided by the source of supply and the information contained in the bidder's bid may render the bid non-responsive. G. The City may, during the period that the contract between the City and the successful bidder is in force, review the successful bidder's record of performance to ensure that the bidder is continuing to provide sufficient financial support, equipment, and organization as prescribed in this bid. Irrespective of the bidder's performance on contracts awarded to it by the City, the City may place said contracts on probationary status and implement termination procedures if the City determines that the successful bidder no longer possesses the financial support, equipment, and organization which would have been necessary during the bid evaluation period in order to comply with the demonstration of competency required under this subsection. 35. DISPUTES. In case of any doubt or difference of opinion as to the items and/or services(as the case may be)to be furnished hereunder,the decision of the City shall be final and binding on all parties. In the event of a conflict between the Bid documents,the order of priority of the documents shall be as follows: A. Any contract or agreement resulting from the award of this Bid; then B. Addendum issued for this Bid,with the latest Addendum taking precedence;then C. The Bid;then D. The bidder's bid in response to the Bid. 36. DEFAULT. Failure or refusal of a bidder to execute a contract upon award, or withdrawal of a bid before such award is made, may result in forfeiture of that portion of any bid surety required as liquidated damages incurred by the City thereby;or, where surety is not required, failure to execute a contract as described above may be grounds for removing the bidder from the City's bidders list. 37.EQUIVALENTS. If a bidder offers makes of equipment or brands of supplies other than those specified in the Bid specifications, he must so indicate in his bid. Specific article(s) of equipment/supplies shall conform in quality, design and construction with all published daims 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 fT3 2016-O3'-AK 9 Page 723 of 1416 ... ; BEACH as to a standard of acceptable product quality level only and should not be construed as an endorsement or a product limitation of recognized and legitimate manufacturers. Bidders shall formally substantiate and verify that product(s)offered conform with or exceed quality as listed in the specifications. • 38. ELIMINATION FROM CONSIDERATION. This bid shall not be awarded to any person or firm who is in arrears to the City upon any debt, taxes, or contracts which are defaulted as surety or otherwise upon any obligation to the City. 39.EMERGENCY RESPONSE PRIORITY.It is hereby made a part of this solicitation that before,during,and after a public emergency, disaster, hurricane, tornado, flood, or other acts of force majeure that the City of Miami Beach, Florida shall receive a "First Priority" for any goods and services covered under any award resulting from this solicitation, including balance of line items as applicable. It is vital and imperative that the majority of citizens are protected from any emergency situation that threatens public health and safety,as determined by the City. By virtue of submitting a response to this solicitation, vendor agrees to provide all award-related goods and services to the City on a"first priority"under the emergency conditions noted above. 40. ESTIMATED QUANTITIES. Estimated quantities or estimated dollars, if provided, are for City guidance only. No guarantee is expressed or implied as to quantities or dollars that will be used during the contract period.The City is not obligated to place any order for a given amount subsequent to the award of this Bid. Estimates are based upon the City's actual needs and/or usage during a previous contract period. The City may use said estimates for purposes of determining whether the low bidder meets specifications. 41. EXCEPTIONS TO BID. Bidders are strongly encouraged to thoroughly review the specifications and all conditions set forth in this Bid. Bidders who fail to satisfy the requirements in this Bid, may be deemed non- responsive and receive no further consideration. Should your proposed bid not be able to meet one (1)or more of the requirements set forth in this Bid and you are proposing alternatives and/or exceptions to said requirements, you must notify the Procurement Office, in writing,at least five (5)days prior to the deadline for submission of bids. The City reserves the right to revise the scope of services via Addendum prior to the deadline for receipt of bids. 42. FACILITIES. The City, through its City Manager or his/her authorized designee, reserves the right to inspect the bidders facilities at any time, upon reasonable prior written or verbal notice. 43. FLORIDA PUBLIC RECORDS LAW. Bidders are hereby notified that all Bid including, without limitation, any and all information and documentation submitted therewith, are exempt from public records requirements under Section 119.07(1), Florida Statutes, and s.24(a),Art. 1 of the State Constitution until such time as the City provides notice of an intended decision or until thirty (30) days after opening of the bids, whichever is earner. Additionally, Contractor agrees to be in full compliance with Florida Statute 119.0701 induding, but not limited to, agreement to (a) Keep and maintain public records that ordinarily and necessarily would be required by the public agency in order to perform the services; (b)provide the public with access to public records on the same terms and conditions that the public agency would provide the records and at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law; (c) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law;(d) Meet all requirements for retaining public records and transfer, at no cost to the public agency all public records in possession of the contractor upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the public agency in a format that is compatible with the information technology systems of the public agency. ITB 2016 D3 1-AK 10 • Page 724 of 1416 BEACH 44. F.O.B. DESTINATION. Unless otherwise specified in the Formal Solicitation, all prices quoted/proposed by the bidder must be F.O.B. DESTINATION, inside delivery, with all delivery costs and charges included in the bid price, unless otherwise specified in this Formal Solicitation. Failure to do so may be cause for rejection of bid. 45. GRATUITIES. Bidders shall not offer any gratuities, favors, or anything of monetary value to any official, employee, contractor,or agent of the City,for the purpose of influencing consideration of this Bid. 46. INDEMNIFICATION. The successful Bidder shall indemnify and hold harmless the City and its officers, employees, agents and instrumentalities from any and all liability, losses or damages, including attomey'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 attomey's fees which may be incurred thereon. The successful Bidder expressly understands and agrees that any insurance protection required by this Agreement or otherwise provided by the successful Bidder shall in no way limit the responsibility to indemnify, keep and save harmless and defend the City or its officers, employees, agents and instrumentalities as herein provided.The above indemnification provisions shall survive the expiration or termination of this Agreement. 47. INSPECTION, ACCEPTANCE & TITLE. Inspection and acceptance will be at destination, unless otherwise provided. Title to (or risk of loss or damage to) all items shall be the responsibility of the successful bidder until acceptance by the City, unless loss or damage results from the gross negligence or willful misconduct of the City. If any equipment or supplies supplied to the City are found to be defective, or do not conform to the specifications, the City reserves the right to cancel the order upon written notice to the seller, and return the product, at the bidder's expense. 48. LAWS, PERMITS AND REGULATIONS.The bidder shall obtain and pay for all licenses, permits, and inspection fees required under the contract;and shall comply with all Applicable Laws. 49. LEGAL REQUIREMENTS.The bidder shall be required to comply with all federal, State of Florida, Miami-Dade County, and City of Miami Beach codes, laws,ordinances, and/or rules and regulations that in any manner affect the items covered herein (collectively, Applicable Laws). Lack of knowledge or ignorance by the bidder withof Applicable Laws will in no way be a cause for relief from responsibility. 50. LIABILITY, INSURANCE, LICENSES AND PERMITS. Where bidders are required to enter or go on to City of Miami Beach property to deliver materials or perform work or services as a result of the Bid, the bidder will assume the full duty, obligation and expense of obtaining all necessary licenses, permits, and insurance, and assure all work complies with all Applicable Laws. The bidder shall be liable for any damages or loss to the City occasioned by negligence of the bidder, or his/her officers, employees, contractors, and/or agents, for failure to comply with Applicable Laws. 51. MANNER OF PERFORMANCE. Bidder agrees to perform its duties and obligations in a professional manner and in accordance with all applicable Local, State, County, and Federal laws, rules, regulations and codes. Bidder agrees that the services provided shall be provided by employees that are educated, trained, experienced,certified, and licensed in all areas encompassed within their designated duties. Bidder agrees to furnish to the City any and ITS 2016-031-AK 1 Page 725 of 1416 ' BEACH all documentation, certification, authorization, license, permit, or registration currently required by applicable laws, rules, and regulations. Bidder further certifies that it and its employees will keep all licenses, permits, registrations, authorizations, or certifications required by applicable laws or regulations in full force and effect during the term of this contract. Failure of bidder to comply with this paragraph shall constitute a material breach of this contract. 52. MISTAKES. Bidders are expected to examine the specifications, delivery schedules, bid prices, and extensions, and all instructions pertaining to supplies and services. Failure to do so will be at the bidder's risk and may result in the bid being non-responsive. 53. 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 wnting prior to the bid due date or after expiration of 120 calendar days from the opening of bids without a contract award. Letters of withdrawal received after the bid due date and before said expiration date and letters of withdrawal received after contract award will NOT be considered. 54. NON-CONFORMANCE TO CONTRACT CONDITIONS, Items may be tested for compliance with specifications. Items delivered, not conforming to specifications, may be rejected and returned at the bidder's expense. These items, as well as items not delivered as per delivery date in bid and/or purchase order, may be purchased by the City, at its discretion,on the open market. Any increase in cost may be charged against the bidder. Any violation of these stipulations may also result in the bidder's name being removed from the City's vendor list. 55. OPTIONAL CONTRACT USAGE. When the successful bidder(s) is in agreement, other units of government or non-profit agencies may participate in purchases pursuant to the award of this contract at the option of the unit of government or non-profit agency. • 56. OSHA. The bidder warrants to the City that any work, services, supplies, materials or equipment supplied pursuant to this Bid shall conform in all respects to the standards set forth in the Occupational Safety and Health Act of 1970, as amended, and the failure to comply with this condition will be deemed breach of contract. Any fines levied because of inadequacies to comply with this condition shall be borne solely by the bidder. 57. PATENTS &ROYALTIES. The bidder shall indemnify and save harmless the City of Miami Beach, Florida, and its officers, employees, contractors, and/or agents, from liability of any nature or kind, including cost and expenses for,or on account of,any copyrighted, patented,or unpatented invention, process,or article manufactured or used in the performance of the contract,including its use by the City of Miami Beach, Florida. If the bidder uses any design, device or materials covered by letters, patent, or copyright, it is mutually understood and agreed,without exception, that the bid prices shall include all royalties or cost arising from the use of such design, device, or materials in any way involved in the work. 58. PAYMENT. Payment will be made by the City after the items have been received, inspected, and found to comply with Bid specifications,free of damage or defect, and properly invoiced. 59. PRICES QUOTED. Prices quoted shall remain firm and fixed duriiig the duration of the contract. In completing the bid form, state both unit price and extended total, when requested. Prices must be stated in units of quantity specified in the bidding specifications. In case of discrepancy in computing the amount of the bid, the UNIT PRICE quoted will govern. All prices must be F.O.B. destination, freight prepaid (unless otherwise stated in Special ITB 201 6-0 3 1-AK 12 Page 726 of 1416 -• I , . BEACH Conditions). The Bidder may offer cash discounts for prompt payments; however, such discounts will not be considered in determining the lowest price during bid evaluation. Bidders are requested to provide prompt payment terms in the space provided on the Bid submittal signature page of the solicitation. Award, if made, will be in accordance with terms and conditions stated herein. Each item must be bid separately, and no attempt is to be made to tie any item or items in with any other item or items. Cash or quantity discounts offered will not be a consideration in determination of award of bid(s). 60. PRODUCT INFORMATION. Product literature, specifications, and technical information, including Manufacturer's Safety Data Sheets (MSDS) should be provided with this bid as an attachment to the °BID FORM". However, in all cases must be provided within five(5)calendar days upon request from Purchasing Agent. 61. REASONABLE ACCOMMODATION. In accordance with Title II of the Americans with Disabilities Act, any person requiring an accommodation at the Bid opening because of a disability must contact the Procurement Division. 62. SAMPLES. Bids submitted as an 'equal"product must be accompanied with detailed specifications. Samples of items,when required, must be furnished free of expense and, if not destroyed,will, upon request, be returned at the bidder's expense. Bidders will be responsible for the removal of all samples fumished 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 dearly identify samples may be reason for rejection of the bid. Unless otherwise indicated, samples should be delivered to the Procurement Division, 1755 Meridian Ave, 3rd Floor, Miami Beach, FL 33139. 63. SPECIAL CONDITIONS. Any and all Special Conditions that may vary from these General Terms and Conditions shall have precedence. 64. SPOT MARKET PURCHASES. It is the intent of the City to purchase the items specifically listed in this Bid from the successful bidder. However, the City reserves the right to purchase the items from state or other governmental contract,or on an as-needed basis through the City's spot market purchase provisions. 65. SUBSTITUTIONS.After award of contract, the City WILL NOT accept substitute shipments of any kind, without previous written approval. The bidder is expected to furnish the brand quoted in its bid. Any substitute shipments will be returned at the bidder's expense. 66.TAXES. The City of Miami Beach is exempt from all Federal Excise and State taxes. 67. TIE BIDS. In accordance with Florida Statues Section 287.087, regarding identical tie bids, preference will be given to bidders certifying that they have implemented a drug free work place program. A certification form will be required. In the event of a continued tie between two or more bidders after consideration of the drug free workplace program, the City's Local Preference and Veteran Preference ordinances will dictate the manner by which a tie is to be resolved. In the event of a continued tie after the Local and Veteran Preference ordinances have been applied or the tie exists between bidders that are not Local or Veteran, the breaking of the tie shall be at the City Manager's discretion,which will make a recommendation for award to the City Commission. 68. TERMINATION FOR DEFAULT. If the successful bidder shall fail to fulfill in a timely manner, or otherwise violate, any of the covenants, agreements,or stipulations material to the Bid and/or the contract entered into with the City pursuant thereto, the City shall thereupon have the right to terminate the work and/or services then remaining to ITB 2016-031-A< 13 Page 727 of 1416 . BEACH be performed by giving written notice to the bidder of such termination,which shall become effective upon receipt by the bidder of the written termination notice. In that event,the City shall compensate the successful bidder in accordance with the term of the contract for all work and/or services satisfactorily performed by the bidder prior to termination, net of any costs incurred by the City as a consequence of the default. Notwithstanding the above, the successful bidder shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of the contract by the bidder, and the City may reasonably withhold payments to the successful bidder for the purposes of set off until such time as the exact amount of damages due the City from the successful bidder is determined. The City may, at its discretion, provide reasonable'cure period"for any contractual violation prior to termination of the contract; should the successful bidder fail to take the corrective action specified in the City's notice of default within the allotted cure period, then the City may proceed to terminate the contract for cause in accordance with this subsection 1.57. 69. TERMINATION FOR CONVENIENCE OF CITY. The City may, for its convenience, terminate the work and%or services then remaining to be performed, at any time, by giving written notice to the successful bidder of such termination, which shall become effective thirty(30)days following receipt by bidder of such notice. In that event, all finished or unfinished documents and other materials shall be properly delivered to the City. If the contract is terminated by the City as provided in this subsection, the City shall compensate the successful bidder in accordance with the terms of the contract for all and without cause and/or any resulting liability to the City, work and/or services actually performed by the successful bidder, and shall also compensate the bidder for its reasonable direct costs in assembling and delivering to City all documents. No compensation shall be due to the successful bidder for any profits that the successful bidder expected to earn on the balanced of the contract. Such payments shall be the total extent of the City's liability to the successful bidder upon a termination as provided for in this subsection. 70. UNDERWRITERS' LABORATORIES. Unless otherwise stipulated in the Bid, all manufactured items and fabricated assemblies shall be U.L. listed or re-examination listing where such has been established by U.L. for the item(s)offered and furnished. 71. ADDITIONAL SERVICES. Although this solicitation and resultant contract identifies specific goods, services or facilities ("items"), it is hereby agreed and understood that the City, through the approval of the Department and Procurement Directors (for additional items up to $50,000) or the City Manager(for additional items greater than $50,000), may require additional items to be added to the Contract which are required to complete the work. When additional items are required to be added to the Contract, awarded vendor(s), as applicable to the item being requested, under this contract may be invited to submit price quote(s) for these additional requirements. If these quote(s) are determined to be fair and reasonable, then the additional work will be awarded to the current contract vendor(s) that offers the lowest acceptable pricing. The additional items shall be added to this contract by through a Purchase Order(or Change Order if Purchase Order already exists). In some cases, the City may deem it necessary to add additional items through a formal amendment to the Contract,to be approved by the City Manager. !TB 2016-031-AK 14 Page 728 of 1416 BEACH SECTION 0300 PROPOSAL SUBMITTAL INSTRUCTIONS AND FORMAT 1.SEALED BIDS. One original Bid Proposal (preferably in 3-ring binder) must be submitted in an opaque, sealed envelope or container on or before the due date established for the receipt of bids.Additionally,three(3) bound copies and one (1)electronic format(CD or USB format)are to be submitted,with the original submission or within two (2)days of request by the City. The following information should be clearly marked on the face of the envelope or container in which the bid is submitted: Bid Number, Bid Title, Bidders Name, Bidder Return Address. Bids received electronically,either through email or facsimile, are not acceptable and will be rejected. Deliver to the City of Miami Beach, Procurement Department located at 1755 Meridian Ave, 3b floor, Miami Beach, Florida 33139. 2.BID PROPOSAL. The Bid Proposal is to include the following: • TAB 1 — Cost Proposal Form (Appendix A). The Cost Proposal Form (Appendix E) shall be completed mechanically or, if manually, in ink. Cost Proposal Forms submitted in pencil shall be deemed non- responsive.All corrections on the Cost Proposal Form shall be initialed. • TAB 2—Bid Certification,Questionnaire and Affidavits(Appendix A) • TAB 3—Other related documents:Miami Dade School District Private Bus List listing confirmation. 2. LATE BIDS. Bid Proposals are to be received on or before the due date established herein for the receipt of Bids. Any Bid received after the deadline established for receipt of proposals will be considered late and not be accepted or will be returned to Proposer unopened. The City does not accept responsibility for any delays, natural or otherwise. (TB 201 b-031 -AK 15 Page 729 of 1416 ! BEACH APPENDIX "A" Proposal Certification , Questionnaire & Requirements Affidavit ITB 2016-031 -AK BUS TRANSPORTATION SERVICES PROCUREMENT DEPARTMENT 1755 Meridian Ave, 3rd floor Miami Beach, Florida 33139 ITB 2016L21-AK 16 Page 730 of 1416 r BEACH Solicitation No:2016-031-AK Solicitation Title: Bus Transportation Services Procurement Contact:Aneta Tel:305-673-7000# Kamyczek 6455 Email:arelakamvcz ml, arriteacnr Rov i I PROPOSAL CERTIFICATION,QUESTIONNAIRE&REQUIREMENTS AFFIDAVIT Purpose: The purpose of this Proposal Certification, Questionnaire and Requirements Affidavit Form is to inform prospective Proposers of certain solicitation and contractual requirements, and to collect necessary information from Proposers in order that certain portions of responsiveness, responsibility and other determining factors and compliance with requirements may be'evaluated. This Proposal Certification, Questionnaire and Requirements. Affidavit Form are a REQUIRED FORM that must be submitted fully completed and executed. 1. General Proposer Information. FIRM NAME. No or Years in Business: No of Years in Business Locally: No of Employees: OTHER NAME(S)PROPOSER HAS OPERATED UNDER IN THE;AST 10 YEARS: FIRM PRIMARY ADDRESS(HEADQUARTERS} CITY. STATE: ZIP CODE. TELEPHONE NO TOLL FREE NO.: FAX NO.: FIRM LOCAL ADDRESS: CITY: STATE: ZIP CODE; PRIMARY ACCOUNT REPRESENTATIVE FOR THIS ENGAGEMENT: ACCOUNT REP TELEPHONE NO.: ACCOUNT REP TOLL FREE NO.: ACCOUNT REP EMAIL: FEDERAL TAX IDENTIFICATION NO.: The City reserves the right to seek additional information from Proposer or other source(s),including but not limited to: any firm or principal information, applicable licensure, resumes of relevant individuals. client information, financial information, or any information the City deems necessary to evaluate the capacity of the Proposer to perform in accordance with contract requirements. 1TB 2O 1 a-011-AK 17 Page 731 of 1416 BEACH Veteran Owned Business.Is Proposer claimin a veteran owned business status? YES NO SUBMITTAL REQUIREMENT: Proposers claiming veteran owned business status shall submit a documentation proving that firm is certified as a veteran-owned business or a service-disabled veteran owned business by the State of Florida or United States federal government, as required pursuant to ordinance 2011-3748. 2. Financial Capacity. Each Proposer shall arrange for Dun & Bradstreet to submit a Supplier Qualification Report(SQR)directly to the Procurement Contact named herein. No proposal will be considered without receipt,by the City,of the SQR directly from Dun &Bradstreet. The cost of the preparation of the SQR shall be the responsibility of the Proposer.The Proposer shall request the SQR report from D&B at: https:;!su polierportal.dnb.comiwebapoiwcs,storeslse rvlet'SupolierPortal?storeld=11696 Proposers are responsible for the accuracy of the information contained in its SQR. It is highly recommended that each Proposer review the information contained in its SQR for accuracy prior to submittal to the City and as early as possible in the solicitation process. For assistance with any portion of the SQR submittal process,contact Dun& Bradstreet at 800-424-2495. SUBMITTAL REQUIREMENT: Proposer shall request that Dun & Bradstreet submit its Supplier Qualifier Report directly to the City,with bid or within 2 days of request. 3. Litigation History. Proposer shall submit a statement of any litigation or regulatory action that has been filed against your firm(s)in the last five years. If an action has been filed,state and describe the litigation or regulatory action filed,and identify the court or agency before which the action was instituted,the applicable case or file number,and the status or disposition for such reported action. If no litigation or regulatory action has been filed against your firm(s), provide a statement to that effect, If'No" litigation or regulatory action has been filed against your firm(s), please provide a statement to that effect. Truthful and complete answers to this question may not necessarily disqualify a firm from consideration but will be a factor in the selection process.Untruthful, misleading or false answers to this question shall result in the disqualification of the firm for this project. SUBMITTAL REQUIREMENT: Proposer shall submit history of litigation or regulatory action filed against proposer, or any proposer team member firm, in the past 5 years. If Proposer has no litigation history or regulatory action in the past 5 years,submit a statement accordingly. 4. Conflict Of Interest. All Proposers must disclose, in their Proposal, the name(s) of any officer, director, agent, or immediate family member (spouse, parent, sibling, and child) who is also an employee of the City of Miami Beach. Further, all Proposers must disclose the name of any City employee who owns,either directly or indirectly, an interest of ten(10%)percent or more in the Proposer entity or any of its affiliates. SUBMITTAL REQUIREMENT: Proposers must disclose the name(s)of any officer,director,agent, or immediate family member(spouse, parent, sibling, and child) who is also an employee of the City of Miami Beach. Proposers must also disclose the name of any City employee who owns, either directly or indirectly,an interest of ten(10%)percent or more in the Proposer entity or any of its affiliates. TB 2016-031-AK 18 Page 732 of 1416 � � :_. , ' ; BEACH 5. References & Past Performance. Proposer shall submit at least three (3) references for whom the Proposer has completed work similar in size and nature as the work referenced in solicitation. SUBMITTAL REQUIREMENT: For each reference submitted,the following information is required: 1) Firm Name, 2) Contact Individual Name &Title, 3) Address, 4) Telephone, 5) Contact's Email and 6)Narrative on Scope of Services Provided. 6. Suspension, Debarment or Contract Cancellation. Has Proposer ever been debarred, suspended or other legal violation, or had a contract cancelled due to non-performance by any public sector agency? YES NO SUBMITTAL REQUIREMENT: If answer to above is "YES," Proposer shall submit a statement detailing the reasons that led to action(s). 7. Vendor Campaign Contributions. Proposers are expected to be or become familiar with, the City's Campaign Finance Reform laws, as codified in Sections 2-487 through 2-490 of the City Code. Proposers shall be solely responsible for ensuring that all applicable provisions of the City's Campaign Finance Reform laws are complied with, and shall be subject to any and all sanctions, as prescribed therein, including disqualification of their Proposals, in the event of such non- compliance. SUBMITTAL REQUIREMENT: Submit the names of all individuals or entities (including your sub- consultants) with a controlling financial interest as defined in solicitation. For each individual or entity with a controlling financial interest indicate whether or not each individual or entity has contributed to the campaign either directly or indirectly,of a candidate who has been elected to the office of Mayor or City Commissioner for the City of Miami Beach. 8. Code of Business Ethics. Pursuant to City Resolution No.2000-23879,each person or entity that seeks to do business with the City shall adopt a Code of Business Ethics("Code") and submit that Code to the Procurement Division with its proposal/response or within five(5)days upon receipt of request. The Code shall, at a minimum, require the Proposer, to comply with all applicable governmental rules and regulations including, among others, the conflict of interest, lobbying and ethics provision of the City of Miami Beach and Miami Dade County. SUBMITTAL REQUIREMENT: Proposer shall submit firm's Code of Business Ethics. In lieu of submitting Code of Business Ethics, Proposer may submit a statement indicating that it will adopt, as required in the ordinance, the City of Miami Beach Code of Ethics, available at www.miamibeachfl.gov/procurement'. 9. Living Wage. On September 30,2014,the Mayor and City Commission adopted Ordinance 2014- 3897 amending Section 2-408 of Division 6,Article VI,of Chapter 2 of the Miami Beach City Code, by increasing the living wage rate to$13.31 an hour without health benefits or$11.62 an hour with health benefits of at least$1.69 an hour with an effective date of January 1,2015. Failure to comply with this provision shall be deemed a material breach under this bid,under which the City may, at its sole option, immediately deem said proposer as non-responsive, and may further subject proposer to additional penalties and fines, as provided in the City's Living Wage Ordinance,as amended. For further information on the Living Wage requirement you may contact ;TB 20 6.031-AK i 9 Page 733 of 1416 ` IL . ` B E AC H the City's Contract Compliance Administrator at(305)673-7490. SUBMITTAL REQUIREMENT: No additional submittal is required. By virtue of executing this affidavit document, Proposer agrees to the living wage requirement. 10. Equal Benefits for Employees with Spouses and Employees with Domestic Partners. When awarding competitively solicited contracts valued at over$100,000 whose contractors maintain 51 or more full time employees on their payrolls during 20 or more calendar work weeks, the Equal Benefits for Domestic Partners Ordinance 2005-3494 requires certain contractors doing business with the City of Miami Beach, who are awarded a contract pursuant to competitive proposals, to provide"Equal Benefits"to their employees with domestic partners, as they provide to employees with spouses. The Ordinance applies to all employees of a Contractor who work within the City limits of the City of Miami Beach, Florida; and the Contractor's employees located in the United States, but outside of the City of Miami Beach limits, who are directly performing work on the contract within the City of Miami Beach. A. Does your company provide or offer access to any benefits to employees with spouses or to spouses of employees? YES NO B. Does your company provide or offer access to any benefits to employees with (same or opposite sex)domestic partners*or to domestic partners of employees? YES NO C. Please check all benefits that apply to your answers above and list in the 'other" section any additional benefits not already specified. Note: some benefits are provided to employees because they have a spouse or domestic partner, such as bereavement leave: other benefits are provided directly to the spouse or domestic partner,such as medical insurance. BENEFIT Firm Provides for Firm Provides for Firm does not Employees with Employees with Provide Benefit Spouses Domestic Partners Health Sick Leave Family Medical Leave Bereavement Leave If Proposer cannot offer a benefit to domestic partners because of reasons outside your control, (e.g.,there are no insurance providers in your area willing to offer domestic partner coverage)you may be eligible for Reasonable Measures compliance.To comply on this basis,you must agree to pay a cash equivalent and submit a completed Reasonable Measures Application (attached) with all necessary documentation. Your Reasonable Measures Application will be reviewed for consideration by the City Manager, or his designee. Approval is not guaranteed and the City Manager's decision is final. Further information on the Equal Benefits requirement is available at www.miamibeachfi.gov!procurementi. 11. Public Entity Crimes. Section 287.133(2)(a), Florida Statutes, as currently enacted or as amended from time to time,states that a person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a proposal, proposal, or 'ITB 201 6-031-AK 20 Page 734 of 1416 ' BEACH reply on a contract to provide any goods or services to a public entity; may not submit a proposal, proposal,or reply on a contract with a public entity for the construction or repair of a public budding or public work; may not submit proposals, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list. SUBMITTAL REQUIREMENT: No additional submittal is required. By virtue of executing this affidavit document, Proposer agrees with the requirements of Section 287.133, Florida Statutes, and certifies it has not been placed on convicted vendor list. 12. Acknowledgement of Addendum. After issuance of solicitation, the City may release one or more addendum to the solicitation which may provide additional information to Proposers or alter solicitation requirements. The City will strive to reach every Proposer having received solicitation through the City's e-procurement system, PublicPurchase.com. However, Proposers are solely responsible for assuring they have received any and all addendum issued pursuant to solicitation. This Acknowledgement of Addendum section certifies that the Proposer has received all addendum released by the City pursuant to this solicitation. Failure to obtain and acknowledge receipt of all addenda may result in proposal disqualification. Initial to initial to Initial to Confirm Confirm Confirm Receipt Receipt Receipt Addendum 1 Addendum 6 Addendum 11 Addendum 2 Addendum 7 Addendum 12 Addendum 3 Addendum 8 Addendum 13 Addendum 4 Addendum 9 Addendum 14 Addendum 5 Addendum 10 Addendum 15 If additional confirmation of addendum is required,submit under separate cover. iTB 2016403 -AK 21 Page 735 of 1416 -‘• .4 ' BEACH DISCLOSURE AND DISCLAIMER SECTION The solicitation referenced herein is being furnished to the recipient by the City of Miami Beach (the "City") for the recipients convenience.Any action taken by the City in response to Proposals made pursuant to this solicitation,or in making any award,or in failing or refusing to make any award pursuant to such Proposals.or in cancelling awards.or in withdrawing or cancelling this solicitation,either before or after issuance of an award.shall be without any liability or obligation on the part of the City. In its sole discretion,the City may withdraw the solicitation either before or after receiving proposals, may accept or reject proposals.and may accept proposals which deviate from the solicitation.as it deems appropriate and in its best interest. In its sole discretion, the City may determine the qualifications and acceptability of any party or parties submitting Proposals in response to this solicitation. Following submission of a Bid or Proposal, the applicant agrees to deliver such further details, information and assurances, including financial and disclosure data, relating to the Proposal and the applicant including, without limitation,the applicant's affiliates,officers, directors,shareholders, partners and employees,as requested by the City in its discretion. The information contained herein is provided solely for the convenience of prospective Proposers. It is the responsibility of the recipient to assure itself that information contained herein is accurate and complete.The City does not provide any assurances as to the accuracy of any information in this solicitation. My reliance on these contents,or on any permitted communications with City officials,shall be at the recipients 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 ad 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.Al 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 Discbsure and Disclaimer which imposes no liability on the City. In the event of any differences in language between this Disclosure and Disclaimer and the balance of the solicitation, ITB 20 1 b-031-AK 22 Page 736 of 1416 • ' ' ' ` BEACH • it is understood that the provisions of this Disdosure 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. F C. OSFR CFRT FICATION I hereby certify that: I,as an authorized agent of the Proposer,am submitting the following information as my firm's proposal;Proposer agrees to complete and unconditional acceptance of the terms and conditions of this document, inclusive of this solicitation, all attachments, exhibits and appendices and the contents of any Addenda released hereto,and the Disclosure and Disdaimer Statement: Proposer agrees to be bound to any and all specifications, terms and conditions contained in the solicitation.and any released Addenda and understand that the following are requirements of this solicitation and failure to comply will result in disqualification of proposal submitted; Proposer has not divulged,discussed, or compared the proposal with other Proposers and has not colluded with any other Proposer or party to any other proposal;Proposer acknowledges that all information contained herein is part of the public domain as defined by the State of Florida Sunshine and Public Records Laws; all responses, data and information contained in this proposal, indusive of the Proposal Certification. Questionnaire and Requirements Affidavit are true and accurate. Name of Proposers Authorized Representative: Tide of Proposer's Authorized Representative: Signature of Propcser's Authorized Representative: Date: State of 1 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 2316-031-AK 23 Page 737 of 1416 APPENDIX B " No Bid " Form 1TB 2016-031 -AK BUS TRANSPORTATION SERVICES PROCUREMENT DEPARTMENT 1755 Meridian Ave, 3« floor Miami Beach, Florida 33139 Note` ttis important for those vendors who hove received notification of this solicitation but have decided not to respond, to complete and submit the attached "Statement of No Bid." The "Statement of No Bid" provides the City with information on how to improve the solicitation process. Failure to submit a "Statement of No Bid" may result in not being notified of future solicitations by the City. . . iTt5 201 u-031-AK 24 Page 738 of 1416 . 1 ]3EACH Statement of No Bid WE HAVE ELECTED NOT TO SUBMIT A PROPOSAL AT THIS TIME FOR REASON(S)CHECKED AND/OR INDICATED BELOW: Workload does not allow us to proposal _Insufficient time to respond _Specifications unclear or too restrictive _Unable to meet specifications _Unable to meet service requirements _Unable to meet insurance requirements _Do not offer this product/service _OTHER. (Please specify) We do_do not_want to be retained on your mailing list for future proposals of this type product and/or service. Signature: Title: Legal Company Name: Note: Failure to respond, either by submitting a proposal or this completed form, may result in your company being removed from our vendors list. PLEASE RETURN TO: CITY OF MIAMI BEACH PROCUREMENT DEPARTMENT ATTN: Aneta Kamyczek, Contracting Officer I PROPOSAL# ITB 2016-031-AK 1755 Meridian Ave, 3rd floor MIAMI BEACH, FL 33139 ITB 2016-031•AK 25 Page 739 of 1416 ' . ' ' � . , BEr -NCH Minimum Requirements & Specifications ITB 2016-031 -AK BUS TRANSPORTATION SERVICES PROCUREMENT DEPARTMENT 1755 Meridian Ave, 3rd floor Miami Beach, Florida 33139 ITB 2C1 -031-AK 26 Page 740 of 1416 ! BEACH C1.Minimum Requirements. The Minimum Eligibility Requirements for this solicitation are listed below. Proposer shall submit detailed verifiable information affirmatively documenting compliance with minimum requirement. Proposers that fail to comply with minimum requirements will be deemed non-responsive and will not be considered. Bidders must submit evidence that they are qualified to satisfactorily perform the specified services: 1. Proposer must provide confirmation that its name is listed under Miami Dade School District Privet Bus List. SUBMITTAL REQUIREMENT: Bidder must be listed on the Miami Dade School District Private Bus List(available at http://dot.dadeschools.net/PrivateBus.htm)at the time of bid due date. C2.Statement of Work Required. The purpose of this bid is to establish a contract with a licensed company to provide bus transportation services for recreational and athletic programs to include but not limited to athletic games and competitions and field trips for the Parks and Recreation Department. Transportation services may be single day trips to various sites through Palm Beach, Broward and Miami-Dade Counties, as well as including several trips throughout the State of Florida. Companies awarded to this contract will be the only approved and qualified bus companies to provide these services to the City of Miami Beach. C2.1 Types of Usage. 1. Field Trips and Athletic Games and Competitions: Requires bus transportation to and from park sites, recreation venues or South Florida attractions. The length time of each trip may vary, but the minimum time required by the City would be six(6)hours. 2. The City will require the buses to remain at each location listed for trips up to eight (8) hours. For trips lasting longer than eight(8)hours the buses will be permitted to leave and return with City's prior approval. 3. The City may require pick up and return from several City parks for transportation to one destination on a single bus. 4. The City will only pay for buses ordered. C3.School Buses Specification 1. School Bus Types: Type A:A Type A school bus is a conversion bus constructed using a cutaway front-section vehicle with a left side driver's door.This definition includes two classifications: Type A-1 (19-29 capacity),with a Gross Vehicle Weight Rating (GVWR)of 14,500 pounds or less. :TB 20 15-031-AK L7 Page 741 of 1416 ' ' BEACH Type A-2 (30-47 Capacity), with a GVWR greater than 14,500 pounds and less than or equal to 21,500 pounds. Type C: A Type C school bus is constructed using a chassis with a hood and front fender assembly. The entrance door is behind the front wheels; also known as a conventional school bus. This type also includes the cutaway truck chassis or truck chassis with cab, with or without a left side door,and with a GVWR greater than 21,500 pounds. Type D: A Type D school bus is constructed using a stripped chassis. The entrance door is ahead of the front wheels;also knows as a rear engine or front engine transit-style school bus 2. Contractor must own or lease for operation a minimum of ten (10) school buses. All ten school buses shall have a minimum of 44 passenger capacity. All buses shall meet or exceed following requirements: 1. School buses to be used in performance of this contract shall be no more than eight (8)years since manufacture. 2. The vendor shall maintain all school buses in good condition and furnish all necessary fuel, oil, grease, tires, maintenance, and repairs and have a qualified mechanic available to provide service to any and all vehicles used in the performance of this contract at no additional cost to the City. 3. The vendor shall make available,on site, such spare school buses as may be needed to promptly replace any bus that breaks down. Any bus that breaks down shall be replaced within thirty(30)minutes of notification of such breakdown. 4. All school transportation vehicles shall be equipped with two-way radios permanently mounted with external roof top mounted antennas in working order capable of interfacing with a base station or every driver must have a cell phone with access to Company base. 5. All school buses shall be equipped with minimum of one basic first aid kit 6. School buses must be clean,neat and odor free at the start of each destination. 7. The ability to utilize each bus from 5:00 a.m. — 12 midnight. Monday through Sunday and during summer/holidays. 8. 3-Point Seat Belts and 3-Point Seat Belt Seats • Type A school buses must be equipped with Type II,3-point seat belts in all passenger seating positions. These belt systems must meet the requirements of National School Transportation Specifications and Procedures, Revised 2010. Types C and D buses must be equipped with lap belts in all passenger seating positions,meeting the following requirements: a) Belts must be manufacturer's standard style lap belts. The nonadjustable, buckle end of each belt must be the aisle-side connection point on each passenger seat b) Each two-part belt must be separately color-coded to aid in proper connection. c) Any belt system with parts that can be manually disassembled without the use of tools and any system that is subject to easy vandalism shall not be approved for use in Florida school buses. d) Retractable seat belts are permissible at the purchaser's option. If this system is specified,the retractors must be emergency locking type,and the retractors ITB 2016-031-AK 2i✓ Page 742 of 1416 l ' BEACH must be mounted below the seat bight. 9. Buses must comply with Federal Vehicle Safety Standards, Department of Transportation regulations and Federal motor Carrier Safety Administration. 10. For the information purpose contractor shall provide 'Schedule of Vehicles" showing, buses owned or leased. This report shall indude year of manufacture, make of bus, make of body, present mileage, present condition, seating capacity, number of heaters, and vehicle identification number. The City may reject any vehicle that does not conform to the specifications as defined below. 11. All repair work on the buses being provided under this contract must have been completed by certified mechanics. Documentation showing inspection data must be given to the City upon request. 12. Capacity and Transport. Awarded vendor shall not transport more students than the rated capacity for the school bus being used. C3.1. Drivers 1. Awarded vendor shall ensure that all drivers are trained before transporting students, and in compliance with the Omnibus Transportation Employee Training Act (OTETA) of 1991, or as amended. 2. Contractor Employee Criminal Background Check and ID Badging Requirements. It is a requirement of this bid that contractor comply with all the requirements of Sections 1012.32 and 1012.465, Florida Statutes, requiring that only those contractor employees that have successfully passed the background screening required by the referenced statutes and that meet the standards established by the statutes be allowed access to any City location or prior to the provision of any contract services. This requirement shall extend to all contractor representatives, agents or sub-contractors performing duties under the contract. If a contractor's employee is away from the job for a period of 45 or more days, the City will require a new criminal background check. The Parties agree that the failure of Awardee to perform any of the duties described in this section shall constitute a material breach of this solicitation and any resulting agreement for which the City reserves the right to terminate immediately with no further responsibilities or duties to perform under this Agreement. Contractor agrees to indemnify and hold harmless the City, its officers and employees of any liability in the form of physical or mental injury, death or property damage resulting in Awardee's failure to comply with the requirements of this section or Sections 1012.32 and 1012.465, Florida Statutes. 3. Awarded vendor shall be responsible to have their drivers receive a background screening in compliance with Jessica Lunsford Act before the drivers are assigned trips. Drivers who have been convicted of any of the criminal offenses, are considered unacceptable, and must not be assigned trips for the City. 4. Awarded vendor shall ensure that all bus drivers are alert and capable of performing their assigned duties. Drivers shall remain on their respective buses at all times when passengers are on board and while picking up or discharging students on school property except in cases of emergency. The driver's first concern must be for the safety of the children. 5. All drivers shall be neat and dean in their appearance. All drivers are required to dress in appropriate attire and wear Photo Identification Badge all the times. 175 2016-031-AK 29 Page 743 of 1416 1 BEACH 6. All drivers employed by awarded vendor must demonstrate the ability to verbally communicate effectively in English with those persons, students and staff with whom they come into contact. 7. Drivers must drive in a careful and prudent manner, exercising at all times the highest degree of care, and observing and complying with all rules of the road and traffic regulations. 8. Al drivers contracted under this ITB are required to drive trips exactly as scheduled by the City. Drivers shall not alter or modify any trips without prior written approval by the City. 9. The City reserves the right, at any time to approve or reject of any driver under this ITB. The decision of the City regarding qualifications, acceptance or rejection of any driver under this ITB shall be final and binding on awarded vendor. 10. Drivers shall comply with procedures and practices in securing students passengers, car seats,travel chairs,crutches,walkers and orthopedic equipment at all times. 11. Drivers are prohibited from using cell phones (talking and texting) while transporting students. C3.2 Accidents. Awarded vendor shall immediately notify the City, by telephone of any accident/incident involving a bus while transporting students. Vendor shall provide the City with an accident report that will be followed by a written investigative report, submitted to the City, at no cost within five(5) to ten(10) days from date of accident. C3.4 Bus Cancellation. The City has the right to cancel buses for any trip or event due to poor attendance, inclement weather, etc. There will be no cancellation fee charged to the City if the cancellation is made before four(4)hour,with one(1) hour compensation fee from the arranged trip time. C3.5 Level of Service. • Transportation failure will not be tolerated and may result in cancellation of the contract. • Repairs or back-up transportation must be conducted within a thirty minutes (30) period and carried out in a professional,expedient and safe manner on behalf of all passengers. • Drivers must have complete knowledge of route and destination point. TB 2016-031-AK 30 Page 744 of 1416 ;.� ' BEACH APPENDIX D . Special Conditions ITB 2016-031 -AK BUS TRANSPORTAION SERVICES PROCUREMENT DEPARTMENT 1755 Meridian Ave, 3rd floor Miami Beach, Florida 33139 Tis 201�-031-AK 1 Page 745 of 1416 ` BEACH 1. TERM OF CONTRACT. The Contract shall commence upon the date of notice of award and shall be effective for two(2)years. 2. OPTIONS TO RENEW. The City, through its City Manager, will have the option to extend for three (3) additional one (1) year periods, subject to the availability of fund for succeeding fiscal year. 3. PRICES SHALL BE FIXED WITH ADJUSTMENTS ALLOWED BASED ON GOVERNMENTAL PRICE INDEX: Prices proposed by the vendor shall remain fixed for the term of the contract The only exception in this regard is that fixed price shall be adjusted upward or downward based, with prior written approval of the vendor and the City, through its City Manager, based on changes in the applicable Bureau of Labor Statistics (wnrv.bls.gov), Consumer Price Index — Urban for the Miami area. 4.RESPONSE TIME:The successful bidder will be required to have vehicles at the pick-up area(s) at each school a minimum of 15 minutes prior to school dismissal. From time to time the City may require additional bus service for field trips; vehicles must be at designated pick up area(s) a minimum of 30 minutes prior to scheduled departure. 5.ADDITIONAL SERVICES:Services not specifically identified in this request may be added to,or deleted from, any resultant contract upon successful negotiations and mutual consent of the contracting parties,and approval by the City Manager. 6. METHOD OF ORDERING: Bus services for the City will be ordered via individual purchase orders and/or blanket order releases on an 'as needed"basis for the term of the contract Invoices must be submitted against each individual purchase order or blanket purchase order release. 7. DAMAGES TO PUBLIC/PRIVATE PROPERTY. The bidder shall carry out the work with such care and methods as not to result in damage to public or private property adjacent to the work. Should any public or private property be damaged or destroyed, the bidder, at his/her expense, shall repair or make restoration as is practical and acceptable to the City and/or owners of destroyed or damaged property promptly within a reasonable length of time. (Not to exceed one month from date damage was done). ITB 2016031-AK 3; Page 746 of 1416 • ' • • BEACH APPENDIX E Cost Proposal Form ITB 2016-031 -AK BUS TRANSPORTATION SERVICES PROCUREMENT DEPARTMENT 1755 Meridian Ave, 3rd floor Miami Beach, Florida 33139 TB 201 -03'-AK 23 Page 747 of 1416 • ' BEACH APPENDIX A PROPOSAL TENDER FORM AND QUESTIONNAIRE Failure to submit Section 5. Bid Price Form. in its entirety and fully executed by the deadline established for the receipt of proposals will result in proposal bein• deemed non-responsive and bein. 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. GROUP I School Buses Service Quantities Hourly Rate Per Bus School bus with air conditioning (30-47 capacity)—within Miami-Dade 100 $ !Hour County School bus with air conditioning (30-47 capacity)—within Broward 100 $ Mour County School bus with air conditioning (30-47 capacity)-within Palm Beach 100 $ Mour County School bus with air conditioning (19-29 capacity)equipped with wheel 2 $ !Hour chair lift. Note: Hourly rate will be calculated from bidders arrival at the agreed location. No hourly rate will be paid for travel time. Bidder's Affirmation Company: Authorized Representative:: Address: Telephone: Email: Authorized Representative's Signature: ITB 2016-031-AK �4 Page 748 of 1416 APPENDIX F Insurance Requirements PROCUREMENT DEPARTMENT 1755 Meridian Ave, 3rd floor Miami Beach, Florida 33139 ITB 23 i s-03 i-AK 35 Page 749 of 1416 . '. ' ; B EAC I-1 INSURANCE REQUIREMENTS This document sets forth the minimum levels of insurance that the contractor is required to maintain throughout the term of the contract and any renewal periods. 1. Workers'Compensation and Employer's Liability per the Statutory limits of the state of Florida. 2. Comprehensive General Liability (occurrence form), limits of liability $ 1,000,000.00 per occurrence for bodily injury property damage to include Premises/ Operations; Products, Completed Operations and Contractual Liability. Contractual Liability and Contractual Indemnity (Hold harmless endorsement exactly as written in Insurance requirements" of specifications). 3. Automobile Liability - $1,000,000 each occurrence - owned/non-owned/hired automobiles included. 4. Excess Liability-$ .00 per occurrence to follow the primary coverages. 5. The City must be named as and additional insured on the liability policies; and it must be stated on the certificate. 6. Other Insurance as indicated: _Builders Risk completed value $ .00 Liquor Liability $ .00 Fire Legal Liability $ .00 Protection and Indemnity $ .00 Employee Dishonesty Bond $ .00 Other $ .00 7. Thirty(30)days written cancellation notice required. 8. Best's guide rating B+:VI or better,latest edition. 9. The certificate must state the proposal number and title The City of Miami Beach Is self-Insured.Any and all claim payments made from self-insurance are subject to the limits and provisions of Florida Statute 768.28,the Florida Constitution,and any other applicable Statutes. 113 201 -031-AK V v Page 750 of 1416 ATTACHMENT C CONSULTANTS RESPONSE TO THE (ITB) Page 751 of 1416 MIAMIBEACH INVITATION TO BID (ITB) BUS TRANSPORTATION SERVICES ITB 2016-031-AK BID ISSUANCE DATE: DECEMBER 9,2015 BID DUE: JANUARY 25 2016 @ 3:00 PM ISSUED BY: MIAMIBEACH Aneto Komyczek, Contracting Officer I PROCUREMENT DEPARTMENT 1755 Meridian Ave, 3'd Ffoar, Miarni Beach, FL 33139 305.673.7000 x6650 I www.miamibeachH.gov Page 752 of 1416 MiAMIBEACH TABLE OF CONTENTS SOLICiATION SECTIONS: PAGE 0100 NOT UTILIZED N/A 0200 INSTRUCTIONS TO BIDDERS &GENERAL CONDITIONS 3 0300 BID SUBMITTAL INSTRUCTIONS& FORMAT 16 APPENDICES: APPENDIX A PROPOSAL CERTIFICATON, QUESTIONNAIRE AND AFFIDAVITS APPENDIX B "NO BID"FORM APPENDIX C MINIMUM REQUIREMENTS &SPECIFICATIONS APPENDIX D SPECIAL CONDITIONS APPENDIX E COST PROPOSAL FORM APPENDIX F INSURANCE REQUIREMENTS ITB 2016-03 1 -AK 2 Page 753 of 1416 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 induded herein or released under separate cover, comprise the solicitation, and are complementary to one another and together establish the complete terms,conditions and obligations of the Proposers and,subsequently,the successful Bidders(s) (the"contractor(s]")if this ITB results in an award. The City utilizes PublicPurchase (www.publicourchase.com) for automatic notification of competitive solicitation opportunities and document fulfillment, including the issuance of any addendum to this ITB.Any prospective Bidder who has received this ITB by any means other than through PublicPurchase must register immediately with PublicPurchase to assure it receives any addendum issued to this ITB. Failure to receive an addendum may result in disqualification of proposal submitted. 2. PURPOSE. The purpose of this bid is to establish a contract with a licensed company for bus transportation services for recreational programs to include but not limited to after school and camp programs and various field trips for the Parks and Recreation Department,as specified herein. 3.SOLICITATION TIMETABLE.The tentative schedule for this solicitation is as follows: ITB Issued December 9,2015 Pre-Bid Meeting December 17,2015 @ 11:00AM Deadline for Receipt of Questions January 15,2016 @ 5:00PM Responses Due January 25,2016 @ 3:00PM Tentative Commission Approval Authorizing Award TBD 4. PROCUREMENT CONTACT.Any questions or clarifications concerning this solicitation shall be submitted to the Procurement Contact noted below: Procurement Contact Telephone: Email: Aneta Kamyczek 305 673 7000#6455 anetakamyczek@miamibeachfl.gov Additionally, the City Clerk is to be copied on all communications via email at: RafaelGranado(a).miamibeachfl.gov; or facsimile: 786-394-4188. The Bid title/number shall be referenced on all correspondence. All questions or requests for clarification must be received no later than ten(10)calendar days prior to the date proposals are due as scheduled in Section 0200-3. Al responses to questions/clarifications will be sent to all prospective Proposers in the form of an addendum. 4. PRE-BID MEETING OR SITE VISIT(S). Only if deemed necessary by the City, a pre-bid meeting or site visit(s) may be scheduled. ITB 2016-031 -AK 3 Page 754 of 1416 MIAMIBEACH A Pre-Bid conference will be held as scheduled in Solicitation Timeline above at the following address: City of Miami Beach Procurement Department's Conference Room 1755 Meridian Ave,3id Floor Miami Beach,Florida 33139 Attendance On 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(roll-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 fisted 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 PubfcPurchase. 6. CONE OF SILENCE,Pursuant to Section 2-486 of the City Code, all procurement solicitations once advertised end 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.municade.comlindex.aspx7dientiD=l3097&statelD=98statename=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 rafaelgranada@miamribeachfLgov. 7. SPECIAL NOTICES. You are hereby advised that this solicitation is subject to the following o nanceslresolutions, which may be found on the City Of Miami Beach website: http://web miamibeach1 ov/procurementlscroli.aspx?id=23510 • CONE OF SILENCE MY CODE SECTION 2-488 • PROTEST PROCEDURES CRY CODE SECTION 2371 • DER T PROCEEDINGS CiTY CODE SECTIONS 2-397 THROUGH 2.485.3 • LOBBYIST REGISTRATION AND DISCLOSURE OF FEES CITY CODE SECTIONS 2.481 THROUGH 2-408 • CAMPAIGN CONTRIBUTIONS BY VENDORS CITY CODE SECTION 2-487 • CAMPAIGN CONTRIBUT/ONS 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 2407 THROUGH 2-410 • PREFERENCE FOR FLORIDA SMALL BUSINESSES OWNED AND CONTROLLED BY VETERANS MD TO STATE-CERTIFIED SERVICE- DISABLED VETERAN BUSINESS ENTERPRISES CiTY CODE SECTION 2374 lTB 2016-03 1-AK 4 Page 755 of 1416 MIAMIBEACH • FALSE CLAIMS ORDINANCE CITY CODE SECTION 70-300 • ACCEPTANCE OF GIFTS,FAVORS&SERVICES CITY CODE SECTION 2-449 8. EXAMINATION OF SOLICITATION DOCUMENTS AND SITE: It is the responsibility of each Bidder, before submitting a Bid,to: • Examine the solicitation thoroughly. • Visit the site or structure, as applicable, to become familiar with conditions that may affect costs, progress, performance or furnishing of the Work. • Take into account federal, state and local (City and Miami-Dade County) laws, regulations, permits, and ordinances that may affect costs, progress,performance,furnishing of the Work,or award. • Study and carefully correlate Bidder's observations with the solicitation. • Notify the Procurement Director of all conflicts, errors or discrepancies in the solicitation of which Bidder knows or reasonably should have known. • The submission of a Bid shall constitute an incontrovertible representation by Bidder that Bidder has complied with the above requirements and that without exception, the Bid is premised upon performing and furnishing the Work required by the solicitation and that the solicitation documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. 9. POSTPONEMENT OF DUE DATE FOR RECEIPT OF BIDS.The City reserves the right to postpone the deadline for submittal of bids and will make a reasonable effort to give at least three (3) calendar days written notice of any such postponement to all prospective Bidders through PublicPurchase. 10. PROTESTS. Protests concerning the specifications, requirements, and/or terms; or protests after the bid due date in accordance with City Code Section 2-371, which establishes procedures for protested proposals and proposed awards. Protests not submitted in a timely manner pursuant to the requirements of City Code Section 2-371 shall be barred. 11. VETERAN BUSINESS ENTERPRISES PREFERENCE. Pursuant to City of Miami Beach Ordinance No. 2011- 3748, the City shall give a preference to a responsive and responsible bidder which is a small business concern owned and controlled by a veteran(s)or which is a service-disabled veteran business enterprise,and which is within five percent(5%) of the lowest and best bidder, by providing such bidder an opportunity of providing said goods or contractual services for the lowest responsive bid amount. Whenever, as a result of the foregoing preference, the adjusted prices of two(2)or more bidders which are a small business concern owned and controlled by a veteran(s) or a service-disabled veteran business enterprise constitute the lowest bid pursuant to an ITB or oral or written request for quotation, and such bids are responsive, responsible and otherwise equal with respect to quality and service,then the award shall be made to the service-disabled veteran business enterprise. 12. CONTRACT PRICE. Bid Price is to indude the furnishing of all labor, materials, equipment including tools, services, permit fees, applicable taxes, overhead and profit for the completion of the Work except as may be otherwise expressly provided in the solicitation. 13. METHOD OF AWARD. Following the review of bids and application of vendor preferences, the lowest responsive, responsible bidder(s) meeting all terms, conditions, and specifications of the ITB will be recommended for award by bid item, bid group, or for the entirety of all bid items, as deemed in the best interest of the City, to the City Manager for his consideration. After considering the staff recommendation for award, the City Manager shall exercise his due diligence and recommend to the Mayor and City Commission the bid that the City Manager deems B 2016.O3 -AK 5 Page 756 of 1416 • MIAMI BEACH to be in the best interest of the City.The City Commission shall consider the City Manager's recommendation(s)and, may approve or reject the City Manager's recommendation(s). The City Commission may also reject all bids received. In determining the lowest and best bidder,and in addition to price,Section 2-369 of the City Code provides that the City may consider the following: • The ability,capacity and skill of the bidder to perform the Contract. • Whether the bidder can perform the Contract within the time specified,without delay or interference. • The character,integrity,reputation,judgment,experience and efficiency of the bidder. • The quality of performance of previous contracts. • The previous and existing compliance by the bidder with laws and ordinances relating to the Contract. 14. MULTIPLE AWARDS.The City may award up to three vendors(primary,secondary,tertiary),as available,by line item, by group or in its entirety. The City will endeavor to utilize vendors in order of award. However, the City may utilize other vendors in the event that 1)a contract vendor is not or is unable to be in compliance with any contract or delivery requirement; 2)it is in the best interest of the City to do so regardless of reason. 15. BINDING CONTRACT.The signed bid shall be considered an offer on the part of the bidder,which offer shall be deemed accepted upon award of the bid by the City Commission. The City Commission's selection or approval of the City Manager's recommendation shall constitute a binding Contract between the City and the awarded bidder(s). The Contract shall include the solicitation, any and all addenda issued by the City and the Bid Proposal submitted the by bidder. In any discrepancy between the documents,the order of preference shall be as follows: 1)Addendum in reverse order of release;2)Solicitation;3)Bid Proposal. In case of default on the part of the successful bidder,the City may procure the items or services from other sources and hold the bidder responsible for any excess cost occasioned or incurred thereby. 16. VOLUME OF WORK TO BE RECENED BY CONTRACTOR. It is the intent of the City to purchase the goods and services specifically listed in this solicitation from.the contractor. However, the City reserves the right to purchase any goods or services awarded from state or other governmental contract, or on an as-needed basis through the City's spot market purchase provisions. 17. GENERAL TERMS AND CONDITIONS. It is the responsibility of the Bidder to become thoroughly familiar with the Bid requirements,terms and conditions of this solicitation. Ignorance by the Bidder of conditions that exist or that may exist will not be accepted as a basis for varying the requirements of the City, or the compensation to be paid to the Bidder. 18. ACCEPTANCE OR REJECTION OF BIDS.The City reserves the right to reject any or all bids prior to award. Reasonable efforts will be made to either award the Contract or reject all bids within one-hundred twenty (120) calendar days after bid opening date. A Bidder may not withdraw its bid unilaterally nor change the Contract Price before the expiration of one hundred and twenty(120) calendar days from the date of bid opening. A Bidder may withdraw its bid after the expiration of one hundred twenty (120) calendar days from the date of bid opening by delivering written notice of withdrawal to the Department of Procurement Management prior to award of the Bid by the Mayor and City Commission. 19. ALTERNATE RESPONSES MAY BE CONSIDERED. The City may consider one (1) alternate response from the same Bidder for the same formal solicitation;provided, that the alternate response offers a different product that meets or exceeds the formal solicitation requirements. In order for the City to consider an alternate response, the Bidder shall complete a separate Price Sheet form and shall mark°Altemate Response". Alternate response shall ;T3 201 b-031-AK 6 Page 757 of 1416 MIAMIBEACH be placed in the same response. This provision only applies to formal solicitations for the procurement of goods, services, items,equipment, materials, and/or supplies. 20.AMERICAN WITH DISABILITIES ACT. To request this material in accessible format, sign language interpreters, information on access for persons with disabilities,and/or any accommodation to review any document or participate in any city-sponsored proceeding, please contact 305-604-2489 (voice), 305-673-7524 (fax) or 305-673-7218(TTY) five days in advance to initiate your request.TTY users may also call 711 (Florida Relay Service). 21. ANTI-DISCRIMINATION. The bidder certifies that he/she is in compliance with the non-discrimination clause contained in Section 202, Executive Order 11246, as amended by Executive Order 11375, relative to equal employment opportunity for all persons without regard to race,color,religion,sex or national origin. 22. ASSIGNMENT. The successful bidder shall not assign, transfer, convey, sublet or otherwise dispose of the contract, including any or all of its right, title or interest therein, or his/her or its power to execute such contract, to any person,company or corporation,without the prior written consent of the City. 23. AUDIT RIGHTS AND RECORDS RETENTION. The Successful Bidder agrees to provide access at all reasonable times to the City, or to any of its duly authorized representatives,to any books,documents, papers and records of Contractor which are directly pertinent to this formal solicitation,for the purpose of audit, examination, excerpts, and transcriptions. The Successful Bidder shal maintain and retain any and all of the books,documents,papers and records pertinent to the Contract for three(3)years after the City makes final payment and all other pending matters are closed. Contractor's failure to or refusal to comply with this condition shall result in the immediate cancellation of this contract by the City. 24. BID BONDS.PERFORMANCE BONDS, CERTIFICATES OF INSURANCE. Bid Bonds,when required, shall be submitted with the bid in the amount specified in the Special Conditions. After acceptance of the bid, the City will notify the successful bidder to submit a performance bond and certificate of insurance in the amount specified in the Special Conditions. 25. BILUNG INSTRUCTIONS. Invoices, unless otherwise indicated, must show purchase order numbers.and shall be submitted to the ordering City department. 26. CANCELLATION. In the event any of the provisions of this Bid are violated by the bidder, the City shall give written notice to the bidder stating such deficiencies and, unless such deficiencies are corrected within ten (10) calendar days from the date of the City's notice, the City, through its City Manager, may declare the contract in default and terminate same, without further notice required to the bidder. Notwithstanding the preceding, the City, through its City Manager, also reserves the right to terminate the contract at any time and for any reason, without cause and for convenience, and without any monetary liability to the City, upon the giving of thirty (30) days prior written notice to the bidder. 27. CITY'S RIGHT TO WAIVE OR REJECT BIDS, The City Commission reserves the right to waive any informalities or irregularities in this Bid; or to reject all bids, or any part of any bid, as it deems necessary and in the best interest of the City of Miami Beach. 28. CLARIFICATION AND ADDENDA TO BID SPECIFICATIONS. If a bidder is in doubt as to the true meaning of the Bid specifications,or other Bid documents, or any part thereof,the bidder must submit to the City, at least seven (7)calendar days prior to the scheduled Bid opening date,a request for clarification. Any interpretation of the Bid,including,without limitation, responses to questions and request for clarification(s)from It 2016-03 i-AK 7 Page 758 of 1416 MIAM1BEACH bidders, will be made only by Addendum duly issued by the City. In the event of conflict with the original specifications, the Addendum shall supersede such specifications, to the extent specified. Subsequent Addendum shall govern over prior Addendum only to the extent specified. The bidder shall be required to acknowledge receipt of any and all Addendum, and filling in and signing in the spaces provided in section 5.0, Acknowledgements/Affidavits. Failure to acknowledge Addendum may deem a bid non-responsive. The City will not be responsible for explanations, interpretations, or answers to questions made verbally or in writing by any City representative, unless issued by the City via formal written Addendum to this Bid. Any questions or clarifications concerning the Bid shall be submitted in writing to the Procurement Department 1755 Meridian Ave,3rd floor, Miami Beach, FL 33139 with a copy to the City Clerk. 29. COLLUSION.Where two(2)or more related parties each submit a bid or bids for any contract, such bids or bids shall be presumed to be collusive. The foregoing presumption may be rebutted by presentation of evidence as to the extent of ownership,control and management of such related parties in the preparation and submittal of such bid or bids. 'Related parties"means bidders or the principals thereof which have a direct or indirect ownership interest in another bidder for the same contract,or in which a parent company or the principals thereof of one(1)bidder have a direct or indirect ownership interest in another bidder for the same contract Bid or bids found to be collusive shall be rejected. Bidders who have been found to have engaged in collusion may also be suspended or debarred, and any contract resulting from collusive bidding may be terminated for cause. 30. CONDITION AND PACKAGING. Bidder guarantees items offered and delivered to be the current standard production model at time of bid and shall offer expiration dating of at least one year or later. Bidder also guarantees items offered and delivered to be new, unused, and free from any and all defects in material, packaging and workmanship and agrees to replace defective items promptly at no charge to the City of Miami Beach, for the manufacturer's standard warranty but in no case for a period of less than 12 months from date of acceptance. All containers shall be suitable for storage or shipment,and all prices shall include standard commercial packaging. 31. CONTRACT EXTENSION. The City reserves the right to require the Contractor to extend contract past the stated termination date for a period of up to 120 days in the event that a subsequent contract has not yet been awarded.Additional extensions past the 120 days may occur as needed by the City and as mutually agreed upon by the City and the contractor. 32. DELIVERY. Unless actual date of delivery is specified (or if specified delivery cannot be met), show number of days (in calendar days)required to make delivery after receipt of purchase order,in space provided. Delivery time may become a basis for making an award. Delivery shall be within the normal working hours of the City using Department, Monday through Friday, excluding holidays. Receiving hours are Monday through Friday, excluding holidays,from 8:30 A.M.to 4:00 P.M. 33. DELIVERY TIME.Bidders shall specify in the attached Bid Form,the guaranteed delivery time(in calendar days) for each item. It must be a firm delivery time; no ranges(For example, 12-14 days)will be accepted. 34. DEMONSTRATION OF COMPETENCY. A. Pre-award inspection of the bidder's facility may be made prior to the award of contract. B. Bids will only be considered from firms which are regularly engaged in the business of providing the goods and/or services as described in this Bid. .TB 2016-031-AK 8 Page 759 of 1416 MIAMI BEACH C. Bidders must be able to demonstrate a good record of performance for a reasonable period of lime, and have sufficient financial capacity, equipment, and organization to ensure that they can satisfactorily perform the services if awarded a contract under the terms and conditions of this Bid. D. the terms 'equipment and organization', as used herein shall, be construed to mean a fully equipped and well established company in line with the best business practices in the industry,and as determined by the City of Miami Beach. E. The City may consider any evidence available regarding the financial, technical, and other qualifications and abilities of a bidder, including past performance (experience),in making an award that is in the best interest of the City. F. The City may require bidders to show proof that they have been designated as authorized representatives of a manufacturer or supplier, which is the actual source of supply. In these Instances, the City may also require material information from the source of supply regarding the quality, packaging, and characteristics of the products to be supply to the City. Any material conflicts between information provided by the source of supply and the information contained in the bidder's bid may render the bid non-responsive. G. The City may, during the period that the contract between the City and the successful bidder is in force, review the successful bidder's record of performance to ensure that the bidder is continuing to provide sufficient financial support, equipment, and organization as prescribed in this bid. Irrespective of the bidder's performance on contracts awarded to it by the City, the City may place said contracts on probationary status and implement termination procedures if the City determines that the successful bidder no longer possesses the financial support, equipment, and organization which would have been necessary during the bid evaluation period in order to comply with the demonstration of competency required under this subsection. 35. DISPUTES. In case of any doubt or difference of opinion as to the items and/or services(as the case may be)to be furnished hereunder,the decision of the City shall be final and binding on all parties. In the event of a conflict between the Bid documents,the order of priority of the documents shall be as follows: A. Any contract or agreement resulting from the award of this Bid;then B. Addendum issued for this Bid,with the latest Addendum taking precedence;then C. The Bid;then D. The bidder's bid in response to the Bid. 36. DEFAULT. Failure or refusal of a bidder to execute a contract upon award, or withdrawal of a bid before such award is made, may result in forfeiture of that portion of any bid surety required as liquidated damages incurred by the City thereby; or, where surety is not required, failure to execute a contract as described above may be grounds for removing the bidder from the City's bidders list. 37.EQUIVALENTS. If a bidder offers makes of equipment or brands of supplies other than those specified in the Bid specifications, he must so indicate in his bid. Specific article(s) of equipment/supplies shall conform in quality, design and construction with all published claims of the manufacturer. The bidder shall indicate in the Bid Form the manufacturer's name and number if bidding other than the specified brands, and shall indicate ANY deviation from the specifications as listed in the Bid. Other than specified items offered requires complete descriptive technical literature marked to indicate detailed conformance with specifications, and MUST BE INCLUDED WITH THE BID. NO BIDS WILL BE CONSIDERED WITHOUT THIS INFORMATION. THE CITY SHALL BE THE SOLE JUDGE OF EQUALITY AND ITS DECISION SHALL BE FINAL. Note as to Brand Names: Catalog numbers,manufacturers'and brand names,when listed, are informational guides ITB 20I6-031-AK 9 Page 760 of 1416 W\ IAMI BEACH as to a standard of acceptable product quality level only and should not be construed as an endorsement or a product limitation of recognized and legitimate manufacturers. Bidders shall formally substantiate and verify that product(s)offered conform with or exceed quality as listed in the specifications. 38. ELIMINATION FROM CONSIDERATION. This bid shall not be awarded to any person or firm who is in arrears to the City upon any debt, taxes, or contracts which are defaulted as surety or otherwise upon any obligation to the City. 39. EMERGENCY RESPONSE PRIORITY. It is hereby made a part of this solicitation that before,during,and after a public emergency, disaster, hurricane, tornado, flood, or other acts of force majeure that the City of Miami Beach, Florida shall receive a "First Priority" for any goods and services covered under any award resulting from this solicitation, including balance of line items as applicable. It is vital and imperative that the majority of citizens are protected from any emergency situation that threatens public health and safety,as determined by the City. By virtue of submitting a response to this solicitation, vendor agrees to provide an award-related goods and services to the City on a"first priority"under the emergency conditions noted above. 40. ESTIMATED QUANTITIES. Estimated quantities or estimated dollars, if provided, are for City guidance only.No guarantee is expressed or implied as to quantities or dollars that will be used during the contract period.The City is not obligated to place any order for a given amount subsequent to the award of this Bid. Estimates are based upon the City's actual needs and/or usage during a previous contract period. The City may use said estimates for purposes of determining whether the low bidder meets specifications. 41. EXCEPTIONS TO BID. Bidders are strongly encouraged to thoroughly review the specifications and all conditions set forth in this Bid. Bidders who fail to satisfy the requirements in this Bid, may be deemed non- responsive and receive no further consideration. Should your proposed bid not be able to meet one (1)or more of . the requirements set forth in this Bid and you are proposing alternatives and/or exceptions to said requirements,you must notify the Procurement Office, in writing, at least five(5)days prior to the deadline for submission of bids. The City reserves the right to revise the scope of services via Addendum prior to the deadline for receipt of bids. 42. FACILITIES. The City, through its City Manager or his/her authorized designee, reserves the right to inspect the bidder's facilities at any time,upon reasonable prior written or verbal notice. 43. FLORIDA PUBLIC RECORDS LAW. Bidders are hereby notified that all Bid including, without limitation, any and all information and documentation submitted therewith, are exempt from public records requirements under Section 119.07(1), Florida Statutes, and s.24(a),Art.1 of the State Constitution until such time as the City provides notice of an intended decision or until thirty (30) days after opening of the bids, whichever is earlier. Additionally, Contractor agrees to be in full compliance with Florida Statute 119.0701 including, but not limited to, agreement to (a) Keep and maintain public records that ordinarily and necessarily would be required by the public agency in order to perform the services;(b)provide the public with access to public records on the same terms and conditions that the public agency would provide the records and at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law; (c) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law; (d) Meet all requirements for retaining public records and transfer, at no cost, to the public agency all public records in possession of the contractor upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the public agency in a format that is compatible with the information technology systems of the public agency. ITB 2016-03 '-AK 10 Page 761 of 1416 MIAMI BEAC H 44. F.O.B. DESTINATION. Unless otherwise specified in the Formal Solicitation, all prices quoted/proposed by the bidder must be F.O.B. DESTINATION, inside delivery,with all delivery costs and charges included in the bid price, unless otherwise specified in this Formal Solicitation. Failure to do so may be cause for rejection of bid. 45. GRATUITIES. Bidders shall not offer any gratuities, favors, or anything of monetary value to any official, employee,contractor,or agent of the City,for the purpose of influencing consideration of this Bid. 46. INDEMNIFICATION. The successful Bidder shall indemnify and hold harmless the City and its officers, employees, agents and instrumentalities from any and all IiabiGty, losses or damages, including attorneys 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 attorneys fees which may be incurred thereon. The successful Bidder expressly understands and agrees that any insurance protection required by this Agreement or otherwise provided by the successful Bidder shall in no way limit the responsibility to indemnify, keep and save harmless and defend the City or its officers, employees, agents and instrumentalities as herein provided.The above indemnification provisions shall survive the expiration or termination•of this Agreement. 47. INSPECTION, ACCEPTANCE & TITLE. Inspection and acceptance will be at destination, unless otherwise provided. Title to (or risk of loss or damage to) all items shall be the responsibility of the successful bidder until acceptance by the City,unless loss or damage results from the gross negligence or willful misconduct of the City. If any equipment or supplies supplied to the City are found to be defective, or do not conform to the specifications, the City reserves the right to cancel the order upon written notice to the seller, and return the product,at the bidder's expense. 48.LAWS,PERMITS AND REGULATIONS.The bidder shaft obtain and pay for all licenses,permits,and inspection fees required under the contract;and shall comply with all Applicable Laws. 49. LEGAL REQUIREMENTS.The bidder shall be required to comply with all federal, State of Florida, Miami-Dade County,and City of Miami Beach codes,laws, ordinances, and/or rules and regulations that in any manner affect the items covered herein (collectively, Applicable Laws). Lack of knowledge or ignorance by the bidder with/of Applicable Laws will in no way be a cause for relief from responsibility. 50. LIABILITY, INSURANCE, LICENSES AND PERMITS. Where bidders are required to enter or go on to City of Miami Beach property to deliver materials or perform work or services as a result of the Bid,the bidder will assume the full duty, obligation and expense of obtaining all necessary licenses,permits,and insurance,and assure all work complies with all Applicable Laws. The bidder shall be liable for any damages or loss to the City occasioned by negligence of the bidder, or his/her officers, employees, contractors, and/or agents, for failure to comply with Applicable Laws. 51. MANNER OF PERFORMANCE. Bidder agrees to perform its duties and obligations in a professional manner and in accordance with all applicable Local, State, County, and Federal laws, rules, regulations and codes. Bidder agrees that the services provided shall be provided by employees that are educated,trained, experienced, certified, and licensed in all areas encompassed within their designated duties. Bidder agrees to furnish to the City any and !TB 20 16-031-AK t l Page 762 of 1416 MIAMIBEACH all documentation, certification, authorization, license, permit, or registration currently required by applicable laws, rules, and regulations. Bidder further certifies that it and its employees will keep all licenses, permits, registrations, authorizations, or certifications required by applicable laws or regulations in full force and effect during the term of this contract. Failure of bidder to comply with this paragraph shall constitute a material breach of this contract 52. MISTAKES.Bidders are expected to examine the specifications, delivery schedules, bid prices, and extensions, and all instructions pertaining to supplies and services. Failure to do so will be at the bidder's risk and may result In the bid being non-responsive. 53. MODIFICATIONIWiTHDRAWALS OF BIDS. A bidder may submit a modified bid to replace all or any portion of a previously submitted bid up until the bid due date and time. Modifications received after the bid due date and time will NOT be considered. Bids shall be irrevocable until contract award unless withdrawn in writing prior to the bid due date or after expiration of 120 calendar days from the opening of bids without a contract award. Letters of withdrawal received after the bid due date and before said expiration date and letters of withdrawal received after contract award will NOT be considered. 54, NON-CONFORMANCE TO CONTRACT CONDITIONS.Items may be tested for compliance with specifications. Items delivered, not conforming to specifications, may be rejected and returned at the bidder's expense. These items, as well as items not delivered as per delivery date in bid and/or purchase order, may be purchased by the City, at its discretion, on the open market. Any increase in cost may be charged against the bidder, Any violation of these stipulations may also result in the bidder's name being removed from the City's vendor list 55. OPTIONAL CONTRACT USAGE. When the successful bidder(s) is in agreement, other units of government or non-profit agencies may participate in purchases pursuant to the award of this contract at the option of the unit of government or non-profit agency. 56. OSHA. The bidder warrants to the City that any work, services, supplies, materials or equipment supplied pursuant to this Bid shall conform in all respects to the standards set forth in the Occupational Safety and Health Act of 1970, as amended, and the failure to comply with this condition will be deemed breach of contract. Any fines levied because of inadequacies to comply with this condition shall be borne solely by the bidder. 57. PATENTS&ROYALTIES. The bidder shall indemnify and save harmless the City of Miami Beach, Florida, and its officers, employees, contractors, and/or agents, from liability of any nature or kind, including cost and expenses for, or on account of,any copyrighted,patented,or unpatented invention, process, or article manufactured or used in the performance of the contract, including its use by the City of Miami Beach,Florida. If the bidder uses any design, device or materials covered by letters, patent, or copyright, it is mutually understood and agreed,without exception, that the bid prices shall include all royalties or cost arising from the use of such design, device, or materials in any way involved in the work. 58. PAYMENT. Payment will be made by the City after the items have been received, inspected, and found to comply with Bid specifications,free of damage or defect, and properly invoiced. 59. PRICES QUOTED. Prices quoted shall remain firm and fixed during the duration of the contract. In completing the bid form, state both unit price and extended total, when requested. Prices must be stated in units of quantity specified in the bidding specifications. In case of discrepancy in computing the amount of the bid, the UNiT PRICE quoted will govern. All prices must be F.O.B. destination, freight prepaid (unless otherwise stated in Special ITB 2016-031-AK 2 Page 763 of 1416 MIAMI BEACH Conditions). The Bidder may offer cash discounts for prompt payments; however, such discounts will not be considered in determining the lowest price during bid evaluation. Bidders are requested to provide prompt payment terms in the space provided on the Bid submittal signature page of the solicitation. Award, if made, will be in accordance with terms and conditions stated herein. Each item must be bid separately, and no attempt is to be made to tie any item or items in with any other item or items. Cash or quantity discounts offered will not be a consideration in determination of award of bid(s). 60.PRODUCT INFORMATION. Product literature, specifications, and technical information, including Manufacturer's Safety Data Sheets (MSDS) should be provided with this bid as an attachment to the 'BID FORM'. However,in all cases must be provided within five(5) calendar days upon request from Purchasing Agent. 61. REASONABLE ACCOMMODATION. In accordance with Title II of the Americans with Disabilities Act, any person requiring an accommodation at the Bid opening because of a disability must contact the Procurement Division. 62. SAMPLES. Bids submitted as an"equal'product must be accompanied with detailed specifications. Samples of items,when required, must be furnished free of expense and,if not destroyed,will,upon request, be returned at the bidder's expense. Bidders will be responsible for the removal of all samples furnished within (30) days after bid opening. All samples will be disposed of after thirty (30) days. Each individual sample must be labeled with the bidder's name. Failure of the bidder to either deliver required samples, or to clearly identify samples may be reason for rejection of the bid. Unless otherwise indicated, samples should be delivered to the Procurement Division, 1755 Meridian Ave,3rd Floor, Miami Beach, FL 33139. 63. SPECIAL CONDm0NS. Any and all Special Conditions that may vary from these General Terms and Conditions shall have precedence. 64.SPOT MARKET PURCHASES. It is the intent of the City to purchase the items specifically listed in this Bid from the successful bidder. However,the City reserves the right to purchase the items from state or other governmental contract,or on an as-needed basis through the City's spot market purchase provisions. 65. SUBSTITUTIONS.After award of contract, the City WILL NOT accept substitute shipments of any kind,without previous written approval. The bidder is expected to furnish the brand quoted in its bid. Any substitute shipments will be returned at the bidder's expense. 66.TAXES.The City of Miami Beach is exempt from all Federal Excise and State taxes. 67. TIE BIDS. In accordance with Florida Statues Section 287.087, regarding identical tie bids, preference will be given to bidders certifying that they have implemented a drug free work place program. A certification form will be required. In the event of a continued tie between two or more bidders after consideration of the drug free workplace program, the City's Local Preference and Veteran Preference ordinances will dictate the manner by which a tie is to be resolved. In the event of a continued tie after the Local and Veteran Preference ordinances have been applied or the tie exists between bidders that are not Local or Veteran, the breaking of the tie shall be at the City Manager's discretion,which will make a recommendation for award to the City Commission. 68. TERMINATION FOR DEFAULT. If the successful bidder shall fail to fulfill in a timely manner, or otherwise violate,any of the covenants,agreements,or stipulations material to the Bid and/or the contract entered into with the City pursuant thereto, the City shall thereupon have the right to terminate the work and/or services then remaining to 17B 20 16-031-AK 13 Page 764 of 1416 MiAMI BEACH be performed by giving written notice to the bidder of such termination, which shall become effective upon receipt by the bidder of the written termination notice. In that event,the City shall compensate the successful bidder in accordance with the term of the contract for all work and/or services satisfactorily performed by the bidder prior to termination, net of any costs incurred by the City as a consequence of the default. Notwithstanding the above, the successful bidder shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of the contract by the bidder, and the City may reasonably withhold payments to the successful bidder for the purposes of set off until such time as the exact amount of damages due the City from the successful bidder is determined. The City may,at its discretion,provide reasonable"cure period°for any contractual violation prior to termination of the contract•,should the successful bidder fail to take the corrective action specified in the City's notice of default within the allotted cure period,then the City may proceed to terminate the contract for cause in accordance with this subsection 1.57. 69. TERMINATION FOR CONVENIENCE OF CITY. The City may, for its convenience, terminate the work and/or services then remaining to be performed, at any time, by giving written notice to the successful bidder of such termination,which shall become effective thirty(30)days following receipt by bidder of such notice. In that event,all finished or unfinished documents and other materials shall be properly delivered to the City. If the contract is terminated by the City as provided in this subsection, the City shall compensate the successful bidder in accordance with the terms of the contract for all and without cause and/or any resulting liability to the City, work and/or services actually performed by the successful bidder, and shall also compensate the bidder for its reasonable direct costs in assembling and delivering to City all documents. No compensation shall be due to the successful bidder for any profits that the successful bidder expected to earn on the balanced of the contract. Such payments shall be the total extent of the City's liability to the successful bidder upon a termination as provided for in this subsection. 70. UNDERWRITERS' LABORATORIES. Unless otherwise stipulated in the Bid, all manufactured items and fabricated assemblies shall be U.L.listed or re-examination listing where such has been established by U.L.for the item(s)offered and furnished, 71. ADDITIONAL SERVICES.Although this solicitation and resultant contract identifies specific goods, services or facilities (items"), it is hereby agreed and understood that the City, through the approval of the Department and Procurement Directors (for additional items up to $50,000) or the City Manager (for additional items greater than $50,000), may require additional items to be added to the Contract which are required to complete the work.When additional items are required to be added to the Contract, awarded vendor(s), as applicable to the item being requested, under this contract may be invited to submit price quote(s) for these additional requirements. if these quote(s) are determined to be fair and reasonable, then the additional work will be awarded to the current contract vendor(s)that offers the lowest acceptable pricing. The additional items shall be added to this contract by through a Purchase Order(or Change Order if Purchase Order already exists). In some cases, the City may deem it necessary to add additional items through a formal amendment to the Contract,to be approved by the City Manager. ITB 2C)16-031-AK 14 Page 765 of 1416 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)days of request by the City.The following information should be dearly marked on the face of the envelope or container in which the bid is submitted: Bid Number, Bid Title, Bidders Name, Bidder Return Address. Bids received electronically, either through email or facsimile, are not acceptable and will be rejected. Deliver to the City of Miami Beach,Procurement Department located at 1755 Meridian Ave,3rd floor, Miami Beach, Florida 33139. 2. BID PROPOSAL The Bid Proposal is to Include the following: • TAB 1 — Cost Proposal Form (Appendix A). The Cost Proposal Form (Appendix E) shall be completed mechanically or, if manually, in ink. Cost Proposal Forms submitted in pencil shall be deemed non- responsive.All corrections on the Cost Proposal Form shall be initialed. • TAB 2—Bid Certification, Questionnaire and Affidavits(Appendix A) • TAB 3—Other related documents: Miami Dade School District Private Bus List listing confirmation. 2. LATE BIDS. Bid Proposals are to be received on or before the due date established herein for the receipt of Bids. Any Bid received after the deadline established for receipt of proposals will be considered late and not be accepted or will be returned to Proposer unopened. The City does not accept responsibility for any delays, natural or otherwise. ITB 20 16-031 -AK 15 Page 766 of 1416 MIAMIBEACH APPENDIX "A" Proposal Certification , Questionnaire & Requirements Affidavit ITB 2016-031 -AK BUS TRANSPORTATION SERVICES PROCUREMENT DEPARTMENT 1755 Meridian Ave, 3rd floor Miami Beach, Florida 33139 ITB 2016-0f1-AK 16 Page 767 of 1416 MIAMI BEACH Solicitation No:2016-031-Ai( Solicitation Title:Bus Transportation Services Procurement Contact:Aneta Tel:305-673-7000# Kamyczek 6455 Email:anetakarnvEzeic(rilmiamffieachfl.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 are a REQUIRED FORM that must be submitted fully completed and executed. 1. General Proposer Information. FIRM NAME Kai/ W per aii? No o(Ytam in Business: ilia No of ah gs es:Locally: No or Employees; OTHER NAMES)PROPOSER HAS OPERATED UNDER IN THE LA&?10 YEA17S: FIRM PRIMARYADDRESS(HEADQUARTERS): I -�J 01, (1,O it)tg Cti4k i STATE: f l ov I ZIP COOS: r 5 ,75 TELEPHONE • ' ` TOLL FREE NO.; FAX NO.: ).25 FIRMLOC{ALADD /rka( ) •O. Boy * 410 -71_3 CITY Ll�, Gt i4 t ` U STATE: ( i(i ct a ziP CODE: 33 PRtIV1ARY ACCOUNT REPRESS NTATNE FOR THIS ENGAGEMENT: ...Iv,' j ACCOUNfRFp TELEPHONE NO: 3 Qr,. � ACCOUNT REP TOLL FREE NO: ACCOUNT REP EMAIL: [ ri/,I+LQjam r •,s ,~ I • c FEDERAL TAX IDENTIFICATION NO.: 5 ! 7/ ,7 44, ! The City reserves the right to seek additional information from Proposer or other source(s),including but not funded to: any firm or principal information, applicable ticensure, 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. I 2 60 -A 17 Page 768 of 1416 MIAMI BEACH 1. Veteran Owned Business.Is Proposer clai i veteran owned business status? YES NO • SUBMITTAL REQUIREMENT: Proposers claiming veteran owned business status shall submit a documentation proving that firm is certified as a veteran-owned business or a service-disabled veteran owned business by the State of Florida or United States federal government, as required pursuant to ordinance 2011-3748. 2. Financial Capacity. Each Proposer shall arrange for Dun & Bradstreet to submit a Supplier Qualification Report(SQR)directly to the Procurement Contact named herein. No proposal will be considered without receipt,by the City,of the SQR directly from Dun&Bradstreet.The cost of the preparation of the SQR shall be the responsibility of the Proposer.The Proposer shall request the SQR report from D&B at: httnsalsupplieroortal.dnb,comfwebapplwcslstoreslservlet/SuonlierPortanstorel&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 800424-2495. SUBMITTAL REQUIREMENT: Proposer shall request that Dun & Bradstreet submit its Supplier Qualifier Report directly to the City,with bid or within 2 days of request. 3. Litigation History.Proposer shall submit a statement of arty litigation or regulatory action that has been filed against your flnn(s)In the last five years.If an action has been filed,state and describe the litigation or regulatory action filed,and identify the.court or agency before which the action was instituted,the applicable case or file number,and the status or disposition for such reported action. If no litigation or regulatory action has been filed against your firm(s), provide a statement to that effect. If No litigation or regulatory action has been filed against your firm(s), please provide a statement to that effect.Truthful and complete answers to this question may not necessarily disqualify a firm from consideration but will be a factor in the selection process.Untruthful, misleading or false answers to this question shall result in the disqualification of the firm for this project. SUBMITTAL REQUIREMENT: Proposer shall submit history of litigation or regulatory action filed against proposer, or any proposer team member firm, in the past 5 years. If Proposer has no litigation history or regulatory action in the past 5 years,submit a statement accordingly. 4. Conflict Of Interest.All Proposers must disclose, in their Proposal, the name(s) of any officer, director, agent, or immediate family member (spouse, parent, sibling, and child) who is also an employee of the City of Miami Beach. Further, all Proposers must disclose the name of any City employee who owns, either directly or indirectly,an interest of ten(10%)percent or more in the Proposer entity or any of its affiliates. SUBMITTAL REQUIREMENT:Proposers must disclose the name(s)of any officer,director,agent, or immediate family member(spouse, parent, sibling, and child)who is also an employee of the City of Miami Beach. Proposers must also disclose the name of any City employee who owns, either directly or indirectly,an interest of ten(10%)percent or more in the Proposer entity or any of its affiliates. !TB 2016.031 AK , 8 Page 769 of 1416 M I AMI BEACH 5. References &Past Performance. Proposer shall submit at least three (3) references for whom the Proposer has completed work similar in size and nature as the work referenced in solicitation. SUBMITTAL REQUIREMENT:For each reference submitted,the following information is required: 1) Firm Name, 2) Contact Individual Name&'title, 3) Address,4) Telephone, 5) Contacts Email and 6)Narrative on Scope of Services Provided. 6. Suspension, Debarment or Contract Cancellation. Has Proposer ever been debarred, suspended or other legal violation, or had a contract cancelled due to non-performance by any public sector agency? ] YES rt.' NO SUBMITTAL REQUIREMENT: If answer to above is 'YES,' Proposer shall submit a statement detailing the reasons that led to action(s). 7. Vendor Campaign Contributions. Proposers are expected to be or become familiar with, the Citys Campaign Finance Reform laws, as codified in Sections 2-487 through 2.490 of the City Code. Proposers shall be solely responsible for ensuring that all applicable provisions of the City's Campaign Finance Reform laws are complied with, and shall be subject to any and all sanctions, as prescribed therein, including disqualification of their Proposals, in the event of such non- compliance. SUBMITTAL REQUIREMENT: Submit the names of all individuals or entities(including your sub- consultants) with a controlling financial interest as defined in solicitation. For each individual or entity with a controlling financial interest indicate whether or not each individual or entity has contributed to the campaign either directly or indirectly,of a candidate who has been elected to the office of Mayor or City Commissioner for the City of Miami Beach. 8. Code of Business Ethics. Pursuant to City Resolution No2000-23879,each person or entity that seeks to do business with the City shall adopt a Code of Business Ethics('Code')and submit that Code to the Procurement Division with its proposaVresponse or within five(5)days upon receipt of request. The Code shad, at a minimum, require the Proposer, to comply with ad applicable governmental rules and regulations including, among others, the conflict of interest, lobbying and ethics provision of the City of Miami Beach and Miami Dade County. SUBMITTAL REQUIREMENT: Proposer shall submit firm's Code of Business Ethics. In lieu of submitting Code of Business Ethics,Proposer may submit a statement indicating that it will adopt, as required in the ordinance, the City of Miami Beach Code of Ethics, available at www.miamibeachfl.gov/procurement/. 9. Living Wage. On September 30,2014,the Mayor and City Commission adopted Ordinance 2014- 3897 amending Section 2-408 of Division 6,Article VI,of Chapter 2 of the Miami Beach City Code. by increasing the living wage rate to$13.31 an hour without health benefits or$11.62 an hour with health benefits of at least$1.69 an hour with an effective date of January 1,2015. Failure to comply with this provision shall be deemed a material breach under this bid,under which the City may, at its sole option,immediately deem said proposer as non-responsive, and may further subject proposer to additional penalties and fines, as provided in the City's Living Wage Ordinance, as amended. For further information on the Living Wage requirement you may contact ITB 20 6-03 1-AK ,9 Page 770 of 1416 MIAMI BEACH the City's Contract Compliance Administrator at(305)673-7490. SUBMITTAL REQUIREMENT: No additional submittal is required. By virtue of executing this affidavit document,Proposer agrees to the living wage requirement. 10, Equal Benefits for Employees with Spouses and Employees with Domestic Partners.When awarding competitively solicited contracts valued at over$100,000 whose contractors maintain 51 or more full time employees on their payrolls during 20 or more calendar work weeks, the Equal Benefits for Domestic Partners Ordinance 2005-3494 requires certain contractors doing business with the City of Miami Beach, who are awarded a contract pursuant to competitive proposals,to provide'Equal Benefits'to their employees with domestic partners,as they provide to employees with spouses. The Ordinance applies to all employees of a Contractor who work within the City limits of the City of Miami Beach, Florida; and the Contractor's employees located in the United States, but outside of the City of Miami Beach Omits, 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? 1 I YES 111 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 I Firm Provides for Firm Provides for Finn does not Employees with Employees with Provide Benefit Spouses Domestic Partners Health Sid(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 wiling to offer domestic partner coverage)you may be eligible for Reasonable Measures compliance.To comply on this basis,you must agree to pay a cash equivalent and submit a completed Reasonable Measures Application(attached)with all necessary documentation. Your Reasonable Measures Application will be reviewed for consideration by the City Manager, or his designee. Approval is not guaranteed and the City Manager's decision is final. Further information on the Equal Benefits requirement is available at www.miamibeachfl.gov/procurement!. 11. Public Entity Crimes. Section 287.133(2)(a), Florida Statutes, as currently enacted or as amended from time to time,states that a person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a proposal, proposal,or 173 20 i 6-03 1-AK 20 Page 771 of 1416 MAMIBEACH 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 pubic building or public worts; may not submit proposals. proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity;and may not transact business with any public entity in excess of the threshold amount provided in s.287.017 for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list SUBMITTAL REQUIREMENT: No additional submittal is required. By virtue of executing this affidavit document, Proposer agrees with the requirements of Section 287.133, Florida Statutes, and certifies it has not been placed on convicted vendor list 12. Acknowledgement of Addendum. After issuance of solicitation, the City may release one or more addendum to the solicitation which may provide additional information to Proposers or alter solicitation requirements.The City will strive to reach every Proposer having received sacBation 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 eN addenda may result in proposal disqualification. Initial to initial to Initial to Confirm Confirm Confirm Receipt Receipt Receipt Addendum 1 Addendum 6 Addendum 11 Addendum 2 Addendum 7 Addendum 12 Addendum 3 Addendum 8 Addendum 13 Addendum 4 Addendum 9 Addendum 14 Addendum 5 Modern 10 Addendum 15 If additional confirmation of addendum is required,submit under separate cover. ITS 20 i 6031 AK 21 Page 772 of 1416 MIAMI BEACH DISCLOSURE AND DISCLAIMER SECTION The solicitation referenced herein is being furnished to the redolent by the City of Miami Beach (the'City')for the recipients convenience.My 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 canceling awards, or in withdrawing or canceling this solicitation,either before or after issuance of an award,shall be without any lability or obligation on the part of the City. In its sole discretion, the City may withdraw the sanitation either before or after receiving proposals,may accept or reject proposals,and may axept 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 applicants 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• responsibifrty of the recipient to assure itself that information contained herein is accurate and complete.The City does not provide any assurances as to the accuracy of any information in this solicitation. My reliance on these contents,or on any permitted communications with City officials,shall be at the recipients 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 shal 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 aclmowtedges 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 responsthiity'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 al 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.My response to this solicitation may be accepted or rejected by the City for any reason,or for no reason,without any resultant lability to the City. The City is governed by the Govemment•in-the-Sunshine Law,and all Proposals and supporting documents sbrsi 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 lability 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 S10,000.00 as agreed-upon and liquidated damages. The previous sentence, however, shal 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, 1TB 2016-031-AK 22 Page 773 of 1416 /\/\ IAMJ B CAC H it is understood that the provisions of this Disclosure and Disclaimer shall always govern. The solicitation and any disputes arising from the solicitation shall be governed by and construed in accordance with the laws of the State of Florida. PROPOSER CERTIFICATION I hereby certify that I,as an authorized agent of the Proposer,am submitting the following information as my firm's proposal;Proposer agrees to complete and unconditional acceptance of the terms and conditions of this document, inclusive of this solicitation, all attachments, exhibits and appendices and the contents of any Addenda released hereto,and the Disclosure and 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. I Name of Proposers Authorized Representative: Tele of Proposers Authorized Representative: f. - i t aV�rn OIL C.- _-0 . Signature of P sees Authorized Representative: Date: PrittZk. lZr► Zc; (47 State of Fib I t 11 a• ) On this 2day of J44 vo-1,20 personally ) /� / appeared before me &an g1R,. ..,dIwho County of l�f Qih i f/aec1l stated that (s)he is the e-o of F/4.4,ez.. ,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 t 7d) c/4 My Commission Expires: 8'XI— 20 ( ..I MN. MIC KIE WC * , MY COtititSSICN f FP 1533tt2 416,. EXPIRES:August 21,201$ �•''t,,K,,.0 Bowel The beg Nasty&mks • ifB 2016-031-AK 23 Page 774 of 1416 MIAM BEACH APPENDIX B " No Bid " Form ITB 2016-031 -AK BUS TRANSPORTATION SERVICES PROCUREMENT DEPARTMENT 1755 Meridian Ave, 3rd floor Miami Beach, Florida 33139 Note: It is important for those vendors who have received notification of this solicitation but have decided not to respond, to complete and submit the attached "Statement of No Bid." The "Statement of No Bid" croviaes the City with information on how to improve the solcitation process. Failure to submit a "Statement of No Bid" may result in not being notified of future solicitations by the City. ITB 2016-03I-AK 24 Page 775 of 1416 /\/\ IAMIBEACH 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) Immimmummi We do✓do not want to be retained on your mailing list for future of this type product and/or service. proposals Signatur&Y2a4 Va./ Title: G C- Legal Company Name: / it I1� a K f v 6�u; ti r Note: Failure to respond, either by submitting a proposal or this completed form, may result in your company being removed from our vendors list. PLEASE RETURN TO: CITY OF MIAMI BEACH PROCUREMENT DEPARTMENT ATTN: Aneta Kamyczek, Contracting Officer I PROPOSAL# ITS 2016-031-AK 1755 Meridian Ave, 3`d floor MIAMI BEACH, FL 33139 �TB 20 i 6-03 i-AK 25 Page 776 of 1416 MIAMI BEACH Minimum Requirements & Specifications ITB 2016-031 -AK BUS TRANSPORTATION SERVICES PROCUREMENT DEPARTMENT 1755 Meridian Ave, 3r floor Miami Beach, Florida 33139 lid 2016-031-AK 26 Page 777 of 1416 MIAM BEACH C1.Minimum Requirements. The Minimum Eligibility Requirements for this solicitation are listed below.Proposer shall submit detailed verifiable information affirmatively documenting compliance with minimum requirement. Proposers that fail to comply with minimum requirements will be deemed non-responsive and will not be considered. Bidders must submit evidence that they are qualified to satisfactorily perform the specified services: 1. Proposer must provide confirmation that its name is listed under Miami Dade School District Privet Bus List SUBMITTAL REQUIREMENT: Bidder must be listed on the Miami Dade School District Private Bus List(available at http://dot.dadeschools.netJPrivateBus.htm)at the time of bid due date. C2.Statement of Work Required. The purpose of this bid is to establish a contract with a licensed company to provide bus transportation services for recreational and athletic programs to indude but not limited to athletic games and competitions and field trips for the Parks and Recreation Department Transportation services may be single day trips to various sites through Palm Beach, Broward and Miami-Dade Counties, as well as including several trips throughout the State of Florida. Companies awarded to this contract will be the only approved and qualified bus companies to provide these services to the City of Miami Beach. C2.1 Types of Usage. 1. Field Trips and Athletic Games and Competitions: Requires bus transportation to and from park sites, recreation venues or South Florida attractions. The length time of each trip may vary, but the minimum time required by the City would be six(6)hours. 2. The City will require the buses to remain at each location listed for trips up to eight (8) hours. For trips lasting longer than eight(8)hours the buses will be permitted to leave and return with City's prior approval. 3. The City may require pick up and return from several City parks for transportation to one destination on a single bus. 4. The City will only pay for buses ordered. C3.School Buses Specification 1. School Bus Types: Type A:A Type A school bus is a conversion bus constructed using a cutaway front-section vehicle with a left side driver's door.This definition indudes two classifications: Type A-1 (19-29 capacity),with a Gross Vehicle Weight Rating (GVWR)of 14,500 pounds or less. ITi3 26T6.031-AK 27 Page 778 of 1416 MIAMIBEACH Type A.2 (30-47 Capacity),with a GVWR greater than 14,500 pounds and less than or equal to 21,500 pounds. Type C: A Type C school bus is constructed using a chassis with a hood and front fender assembly. The entrance door is behind the front wheels; also known as a conventional school bus. This type also includes the cutaway truck chassis or truck chassis with cab, with or without a left side door,and with a GVWR greater than 21,500 pounds. Type D:A Type D school bus is constructed using a stripped chassis. The entrance door is ahead of the front wheels;also knows as a rear engine or front engine transit-style school bus 2. Contractor must own or lease for operation a minimum of ten (10) school buses. Al!ten school buses shall have a minimum of 44 passenger capacity. Ail buses shall meet or exceed following requirements: 1. School buses to be used in performance of this contract shall be no more than eight (8)years since manufacture. 2. The vendor shall maintain all school buses in good conctition and furnish all necessary fuel, oil, grease, tires, maintenance, and repairs and have a qualified mechanic available to provide service to any and all vehicles used in the performance of this contract at no additional cost to the City. 3. The vendor shall make available,on site, such spare school buses as may be needed to promptly replace any bus that breaks down. Any bus that breaks down shal be replaced within thirty(30)minutes of notification of such breakdown. 4. All school transportation vehicles shall be equipped with two-way radios permanently mounted with external roof top mounted antennas in working order capable of interfacing with a base station or every driver must have a cell phone with access to Company base. 5. Ail school buses shall be equipped with minimum of one basic first aid kit. 6. School buses must be dean, neat and odor free at the start of each destination. 7. The ability to utilize each bus from 5:00 a.m. — 12 midnight. Monday through Sunday and during summer/holidays. 8. 3-Point Seat Belts and 3-Point Seat Belt Seats - Type A school buses must be equipped with Type II,3-point seat belts in all passenger seating positions.These belt systems must meet the requirements of National School Transportation Specifications and Procedures,Revised 2010,Types C and D buses must be equipped with lap belts in all passenger seating positions,meeting the following requirements: a) Belts must be manufacturer's standard style lap belts. The nonadjustable, buckle end of each belt must be the aisle-side connection point on each passenger seat b) Each two-part belt must be separately color-coded to aid in proper connection. c) My belt system with parts that can be manually disassembled without the use of tools and any system that is subject to easy vandalism shall not be approved for use in Florida school buses, d) Retractable seat belts are permissible at the purchaser's option. if this system is specified,the retractors must be emergency locking type,and the retractors ITB 20164531-AK 28 Page 779 of 1416 MIAMIBEACH must be mounted below the seat bight. 9. Buses must comply with Federal Vehicle Safety Standards, Department of Transportation regulations and Federal motor Carrier Safety Administration. 10. For the information purpose contractor shall provide "Schedule of Vehicles' showing, buses owned or leased. This report shall include year of manufacture, make of bus, make of body, present mileage, present condition, seating capacity, number of heaters, and vehicle identification number.The City may reject any vehicle that does not conform to the specifications as defined below. 11. All repair work on the buses being provided under this contract must have been completed by certified mechanics. Documentation showing inspection data must be given to the City upon request 12. Capacity and Transport.Awarded vendor shall not transport more students than the rated capacity for the school bus being used. C3.1.Drivers 1. Awarded vendor shall ensure that all drivers are trained before transporting students,and in complance with the Omnibus Transportation Employee Training Act(OTETA)of 1991, or as amended. 2. Contractor Employee Criminal Background Check and ID Badging Requirements. It is a requirement of this bid that contractor comply with all the requirements of Sections 1012.32 and 1012.465, Florida Statutes, requiring that only those contractor employees that have successfully passed the background screening required by the referenced statutes and that meet the standards established by the statutes be allowed access to any City-location or prior to the provision of any contract services. This requirement shall extend to all contractor representatives, agents or sub-contractors performing duties under the contract. If a contractor's employee is away from the job fora period of 45 or more days, the City will require a new criminal background check. The Parties agree that the failure of Awardee to perform any of the duties described in this section shall constitute a material breach of this solicitation and any resulting agreement for which the City reserves the right to terminate immediately with no further responsibilities or duties to perform under this Agreement Contractor agrees to indemnify and hold harmless the City,its officers and employees of any liability in the form of physical or mental injury, death or property damage resulting in Awardee's failure to comply with the requirements of this section or Sections 1012.32 and 1012.465,Florida Statutes. 3. Awarded vendor shal be responslole to have their drivers receive a background screening in compliance with Jessica Lansford Act before the drivers are assigned trips. Drivers who have been convicted of any of the criminal offenses, are considered unacceptable, and must not be assigned trips for the City. 4. Awarded vendor shall ensure that al bus drivers are alert and capable of performing their assigned duties. Drivers shall remain on their respective buses at all times when passengers are on board and while picking up or discharging students on school property except in cases of emergency. The driver's first concern must be for the safety of the children. 5. All drivers shall be neat and dean in their appearance.All drivers are required to dress in appropriate attire and wear Photo Identification Badge all the times. 1iB 201631AK 29 Page 780 of 1416 MIAMIBEACH 6. All drivers employed by awarded vendor must demonstrate the ability to verbally communicate effectively in English with those persons,students and staff with whom they come into contact. 7. Drivers must drive in a careful and prudent manner, exercising at all times the highest degree of care, and observing and complying with all rules of the road and traffic regulations. B. Al drivers contracted under this ITB are required to drive trips exactly as scheduled by the City.Drivers shall not alter or modify any trips without prior written approval by the City, 9. The City reserves the right, at any time to approve or reject of any driver under this ITS. The decision of the City regarding qualifications, acceptance or rejection of any driver under this ITB shall be final and binding on awarded vendor. 10. Drivers shall comply with procedures and practices in securing students passengers, car seats,travel chairs,crutches,walkers and orthopedic equipment at ail times. 11. Drivers ere prohibited from using cell phones (talking and texting) while transporting students. C3.2 Accidents. Awarded vendor shall immediately notify the City, by telephone of any ac:cidentfincident involving a bus while transporting students,Vendor shall provide the City with an accident report that will be followed by a written investigative report,submitted to the City,at no cost within five(5)to ten(10) days from.date of accident. -C3,4 Bus Cancellation. The City has the right to cancel buses for any trip or event due to poor attendance, inclement weather, etc. There will be no cancellation fee charged to the City if the cancellation is made before four(4)hour,with one(1)hour compensation fee from the arranged trip time, C3.5 Level of Service. • Transportation failure will not be tolerated and may result in cancellation of the contract. • Repairs or back-up transportation must be conducted within a thirty minutes (30) period and carried out in a professional, expedient and safe manner on behalf of all passengers. • Drivers must have complete knowledge of route and destination point. iTB 20 6-0T'rAK 30 Page 781 of 1416 MIAMIBEACH APPENDIX D Special Conditions ITB 2016-031 -AK BUS TRANSPORTAION SERVICES PROCUREMENT DEPARTMENT 1755 Meridian Ave, 3rd floor Miami Beach, Florida 33139 I TB 20 6-031-AK 31 Page 782 of 1416 MIAMI BEACH 1. TERM OF CONTRACT. The Contract shall commence upon the date of notice of award and shall be effective for two (2)years. 2. OPTIONS TO RENEW. The City, through its City Manager, will have the option to extend for three (3) additional one (1) year periods, subject to the availability of fund for succeeding fiscal year. 3. PRICES SHALL BE FIXED WITH ADJUSTMENTS ALLOWED BASED ON GOVERNMENTAL PRICE INDEX: Prices proposed by the vendor shall remain fixed for the term of the contract. The only exception in this regard is that fixed price shall be adjusted upward or downward based, with prior written approval of the vendor and the City, through its City Manager, based on changes in the applicable Bureau of Labor Statistics (www.bls.gov), Consumer Price Index— Urban for the Miami area. 4. RESPONSE TIME:The successful bidder will be required to have vehicles at the pick-up area(s) at each school a minimum of 15 minutes prior to school dismissal. From time to time the City may require additional bus service for field trips; vehicles must be at designated pick up area(s) a minimum of 30 minutes prior to scheduled departure. 5.ADDITIONAL SERVICES:Services not specifically identified in this request may be added to, or deleted from, any resultant contract upon successful negotiations and mutual consent of the contracting parties,and approval by the City Manager. 6. METHOD OF ORDERING: Bus services for the City will be ordered via individual purchase orders and/or blanket order releases on an'as needed'basis for the term of the contract. invoices must be submitted against each individual purchase order or blanket purchase order release. 7. DAMAGES TO PUBLIC/PRNATE PROPERTY. The bidder shall carry out the work with such care and methods as not to result in damage to public or private property adjacent to the work. Should any public or private property be damaged or destroyed, the bidder, at his/her expense, shall repair or make restoration as is practical and acceptable to the City and/or owners of destroyed or damaged property promptly within a reasonable length of time. (Not to exceed one month from date damage was done). ITB 20 i 6-03 1•AK 32 Page 783 of 1416 M!AMBEACH APPENDIX E Cost Proposal Form ITB 2016-03 1 -AK BUS TRANSPORTATION SERVICES PROCUREMENT DEPARTMENT 1755 Meridian Ave, 3rd floor Miami Beach, Florida 33139 ITB 2616031 AK 33 Page 784 of 1416 • /V\ IAMIBEACH APPENDIX A PROPOSAL TENDER FORM AND QUESTIONNAIRE Failure to submit Section 5,Bid Price Form,in its entirety and fully executed by the deadline established for the receipt of proposals will result in proposal bein' deemed non-responsive and being rejected. Bidder affirms that the prices stated on the proposal price form below represents the entire cost of the items in full accordance with the requirements of this ITB, inclusive of its terms, conditions, specifications and other requirements stated herein, and that no claim will be made on account of any increase in wage scales, material prices, delivery delays, taxes, insurance, cost indexes or any other unless a cost escalation provision is allowed herein and has been exercised by the City Manager in advance. The Bid Price Form (Section 5) shall be completed mechanically or, if manually, in ink. Bid Price Forms (Section 5) completed in pencil shall be deemed non-responsive.All corrections on the Bid Price Form(Section 5)shall be initialed. GROUP I School Buses Service Quantities Hourly Rate Per Bus School bus with air conditioning (30-47 capacity)—within Miami-Dade County 100 D /Hour 1 School bus with air conditioning(30-47 capacity)—within Broward County 100 �� /Hour Scho l bus with air conditioning(30-47'capacity)-within Palm Beach y 100 $,8 /Hour School bus with air conditioning(19-29 capacity)equipped with wheel chair lift. 2 OK/Hour Note: Hourly rate will be calculated from bidder's arrival at the agreed location.No hourly rate will be paid for travel time. Bidder's Affirmation company: y--A nMAK. Authorized Representative: ".:Fr-or y itla rl-i [1• Address: j 1 f 'rJ`j /G? Ale. Tekphone:-fi'G+')��3— g(G tmeit tr1lA/biS-QD(.Cir✓t Authorized Repreaen1ative'e Signature:- yip T i 1 3 •.AK 3z Page 785 of 1416 MIAMI B EAC H APPENDIX F Insurance Requirements PROCUREMENT DEPARTMENT 1755 Meridian Ave, 3rd floor Miami Beach, Florida 33139 ITB 20'6-031-A< 35 Page 786 of 1416 MAM1BEACH INSURANCE REQUIREMENTS The document sets forth the minimum levels of insurance that the contractor is required to maintain throughout the term of the contract and any renewal periods. 1. Workers'Compensation and Employer's Liability per the Statutory limits of the state of Florida. 2. Comprehensive General Liability (occurrence form), limits of liability $ 1,000,000.00 per occurrence for bodily injury property damage to Include Premises! Operations; Products, Completed Operations and Contractual Liability. Contractual Liability and Contractual Indemnity (Hold harmless endorsement exactly as written in insurance requirements• of specifications). 3. Automobile Liability - $1,000,000 each occurrence - owned/non-owned/hired automobiles included. 4. Excess Liability-$ .00 per occurrence to follow the primary coverages. 5. The City must be named as and additional insured on the liability policies;and it must be stated on the certificate. 6. Other Insurance as indicated: Buffs Risk completed value $ .00 _Liquor Liability $ ,00 Fire Legal Liability $ ,00 Protection and Indemnity $ .00 _Employee Dishonesty Bond $ .00 _Other $ .00 7. Thirty(30)days written cancellation notice required. 8. Bests guide rating B+:VI or better,latest edition. 9. The certificate must state the proposal number and title The City of Miami Beach is self-insured Any and all claim payments made from self-insurance are subject to the limits and provisions of Florida Statute 768.28,the Florida Constitution,and any other applicable Statutes. ITB 26 1 o-031 AK 36 Page 787 of 1416 .) vs' • Franmar Corporation e A - 1 P.O. Box 970783 Miami,Florida 33197 • 4 l.., �-• (305)253-5086 Fax(305)253-8427 " School Bus Transportation& Bus Maintenance Services List of Clients Public Sector Miam.Dade County Pun;ic School`ransoortat•on.30 years Daily Route Contract and Field Tr ps. Contact: Mr Orlando A'anso,Director cf Transportation MDCPS Phone 305-234 3365 Erra:l. 2 Mia^u Dade Paric;&Recreation Deot 20 years of Daly Field T•ios during the summer and school l-o.roays. Contact Sandy W:Iliams Pone.305-735 7968 Erna.I: da;t,:.v;•; Contact Ana R;oseco Pnore:305.375-3'/04 Ernad. Private Sector 3 Ci:y of Miami 8eacn Paris and Recrea:ion Daily 7'eld Tr Os fc•Sommer Camp and 5oecial Events Contact: E'ler Vargas Pnore 305.673 7000 x 4302 Email e'lenvargas@roiarnroeechfi.gov Contact:Carlos Da Crur Phone 305-573.7000 r 6574 Er:a.l ca,losoacr.n@^lidrsoeachfi.gov Office Location: 19301 SW 108 Avenue Miami, Florida 33157 Page 788 of 1416 mil•• Franmar Corporation P.O. Box 970783 Miami, Florida 33197 /:') (305)253-5086 Fax (305)253-8427 4 School Bus Transportation& Bus Maintenance Services 4 7.a,rrer—r.nity 5chooi,15 years:1at'y Route Contract and:Ield Tr ps. Contact: Jose Chic 'hore 305-969-4205 Erna is Jcf aoapalmertrr-tyorg 5 Carr;lien School cf the Sac-Pd Heart,Feld Trip and Daily Routes Contact: Tom Chelect,s,Bus:ress Manager Phone:305.445-573 Emati t -.c'Ct;rr,;�i• �r: :;� 6 Ransor^Everglades School,Field Trips and Athletic Programs Contact: Daisy Arenas Phones: 305-460.8679 ?read:+=r t, '_ :t�: _. ;;; :re 7 Miarr:i Country Day School,F etd Trips and Athletic Programs Contact: Cnuc<Sennett.Athiet-c D rector Prone•305-779-7249 E—a'• ,r. NOTE: T~is Is rot a corrp'ete last of our customers. Please cat!for a more extensive list of references. Office Location: 19301 SW 108 Avenue Miami, Florida 33157 Page 789 of 1416 Acc7RDl' CERTIFICATE OF LIABILITY INSURANCE amisi°myyrn roT/33/2D1s THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THISS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER, IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policlu may require an andoriement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). pRODUCERy 123s of Florida. Ito, CONTACT c/o 26 center,/ Blvd FR1, P.O. Sox 3053l1 f e Sen.I-1177-94S-7374 i rtitR01:3-140-af7-2371 LRashv112a, Ill 372305191 USA l:eert1ftcoteisevi111s.can INSURERS,AFFORDING COVERAGE IfmC a INSURERA.T{avelerip ?!e5s ty C_sitalty Cowpony of Smarter 27574 INSURED Fraawsr CDLporiticv INSURER B firavelsra IAQM1aity COapa y 19301 i W 1D/ Ave 2S1Sa Nsasu, 1T. 33157 INSURER C:Bridpa11.1 sM 13 Playara lam motcowpa24, 10701 INSURER II: SURER E: LINSURER F: J — COVERAGES CERTIFICATE NUMBER, ioso40e REVISION NUMBER: • THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANOING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN.THE INSURANCE AFFORDED BY THE POLICES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. masa loamy Err P LTrt TYPE OF INSURANCE w► sp redo POLICY NUMBER tM10ryEDO ' tMMaggn fAllTa X COMMERCIAL GENERALUAerUTY EACHoccumemeE Is 1,13oe,000 CuniSMRDE Q OCCUR I DAMAGE TO R91TED I A I i I PREMISES(Fe ottemencel 1 100,000 Y seosesul5e 07/23/2015;• o7/ai/:o11 LIED UP(Rey one palesml II$ �I.000_ II GGEEN%AGGREGATE LWrrAPPLIES PER. PERSONAL AGGREGATE ADV r S 1.000.000 POLICY sa El LOC II j GENERAL ({{II i Z,a0D,010 QTi16R:. r If j i PRODUCTS•COMPfOP AGOI i , AUTOMOBILE LIABILITY i I=wear:osmium Liter I,i •[E■ecodenll S 1,00/,000 ANY AUTO , 1 aoaILY DiJURY IPe'persmo) S 'B ALL CMNEo.- _SCHEDULED f rat7tlmoa73-is-can 87/01/2025 /7/01/201S•BODILY u __I ALlros _;AUTOS HIRED AUTOS I NON OWNED I j Mu> ) S : AUTOS I I meomeare Perrioll) ` UMBRELLA LIAi I i S warn r—~EXCESS UAY ( EACH OCCURRENCE s CLAOrtS MADEI I AGGREGATE I I DEO 1 RETENTIDNI WORKERS COMPEMBA7)ON t I 1 EMPLOYERSLIABILITY j F x j C ANY PROPRIeTOWPARTNeseXECUTIVE Y I N r J ` 1 VI- AND OFFICER/WNW'(Mandatory n rFXCLUDED7 aENrA i 15043050 Ol/O1/7915Ia1/OS/2016IEL �ACdt>ENT Is 100,000 r deetnbe undo /E L.DISEASE-EA EMPLOYEE S 1 00,000 p RIPTiON4F OPERALIGIeS beI* 1 I E.L.DISEASE.POLtDYUMrr S 500,000 1 L I I i I c I i encamPTtON OF OPERATORS I LOCATORS,VEHICLES MACCRD 101,MEMOIR Remarks Sol,elule,May be saaNNd Emcee smelt melted) Shia vaies and e. Lae.. Pr.rioualy leaved C.rtiflute Dated 06/30/2015 WIT 10s Timm. Mao Liability(Trueness): Addttlooai Insured Provided.tiara requited by contract or ass-easeat• CERTIFICATE HOLDER CANCELLATION — SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POUCY PROVISIONS. City e1 *woo. Beech AUTHOR)2E0REPRESEMTARVE co/ Insurance Tracking sere Ices Tee P.O. ape 2b CA l � poofaW. CA 90to1 + .- A u CD 198E-2014 ACORD CORPORATION. All rights reserved. ACORD 25{2014/01) The ACORD name and logo a i arke of ACORD Page79Tof 141 SR ID:1719534 11142C1,laatcp 9: 1S1.13 • AGENCY CUSTOMER ID: LOC 0: ACCORD' ADDITIONAL REMARKS SCHEDULE Page 2 of 2 AGENCY �• N,UfEolNstlllEo Willis of Florida. inc. Tranmar Corporation POLICY NUMBER 13301 I r 10I Ave spa Page 1 Miami, FL 33157 CANNER NAIL CODE flee page I "a PIP° 1 EFFECTIVE DATE 9N Page 1 ADOFTIONAL REMARKS _ THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE• certifieatr o1 Liability Insurance City of Nisuai Desch is lacludad as an additional lonised as raapecta to General Lieblllty as required br writes!' contract. • ACORD 101(200D101) 02006 ACORD CORPORATION. All rights reserved. The ACORD rams and loflo are a ks of ACORD �7��ssa ages : i3 xlaaor 0e FRANMAR BUS CORP. United States Department of Transportation (US DOT)Number C878051 Page 792 of 1416 F- ' NMAR CORP. LIST OF VEHICLES VEN MAKE VIN Sr- FRANMAR UNIT* Freightliner 4UZ6C3MS1CG$3472 #54 INTL LHV88ABNIY1f28592g 466 INT'L 1HVB6AANSYH286226 467 .. NTI. 4DRq�8 13A949873 #69�., INT'L #� INT. 4DR$RAA83A94987I k #70 INT1 IHVB8AMi0YH321999 #71 INTL 1HVISAAN0YH321935 #72 � 1HV88MN9TH288871 #73 1HVB8AAN8Ylfi321942 #74 FORD 1FDX375C0NVA21458 #95 FORD IFDX375C9NVA21460 #97 FORD 1FDX375CONVA23856 #98 FORD IFDX3751XW/A05738 #I1 INTL 4DRIIAAN56A164582 #75 INTL 4.PRBLWW96A150457 , INT1. 4DRBVMN76A162798 #80 FORD 1FDIO C2PVAO4308 #41 INT'L 40RBUAAN56A299394 #81 INTO 1HVBDA$N4S11606279 #M INT' 1HVEIDABN3SH670944 #62 IN3'L DIVIRMBM(51215751 _ #83 INTL 1HV8OA 4JSH670936 #64 INTL 1HVBDAp1M57H383154 #46 INTL _ 1HVaDABN8TH383312 #47 INTL 1HVBDA8N9TH377891 #84 _ INT'L 1HVfIpA¢N6T11377945 _ #85 FORD 1FDX375C3FVA05743 #48 1 INT'L 4DR8UMN080652528 #77 INT'L 1HVB8AAN53H580%3 #92 INTL 1HVBBAANX314580960 #94 INT'L 1HVB8AAN9311580065 #93 ' INTL 1HV8BAAN03H580966 $89 NM IHV88AAN73H580g67 #90 IM''L 111V88AA4463N580969 #91 THOMAS INTL 1HY88AAN6WH517133 857 THOMAS INTL 1NBBAAN5W1617141 #98 THOMAS INTL 1HV88AANOWH517161 #59 INT'L ( 1HV88MN2vH462971 #% - THOMAS INTL 1 4UZ6C3AA)(IC693687 #51 THOMAS INTL 4U26OM31CG93689 #52 THOMAS INTL __ 4UZ6OAA11CG936g1 #53 1 No-Fe.: /�l 1 are, air. d i Dy,eci 1 5 . A !( arc Co 5 passer ear" Page 793 of 1416 Franmar Bus Company has a few pending legal issues going on at this time.All are traffic related and being handled by our Insurance company. If you need further information we can send you our files. None are related to our performance nor are they"serious". Page 794 of 1416 Detail by Entity Name Page 1 of 3 FLORIDA DEPARTMENT OF STATE. DIVISION OF CURPOR_1f1O\ "/• Detail by Entity Name Florida Profit Corporation FRANMAR CORPORATION Filing Information Document Number 523936 FEI/EIN Number 59-1716761 Date Filed 01/17/1977 State FL Status ACTIVE Last Event AMENDMENT Event Date Filed 01/20/2012 Event Effective Date NONE Principal Address 19301 S.W. 108TH AVE. MIAMI, FL 33157 Changed: 07/12/2010 Mailing Address P.O. BOX 970783 MIAMI, FL 33197 Changed: 02/28/1992 Registered Agent Name & Address RA Corporate Services, Inc. 9400 S. Dadeland Boulevard Suite 600 Miami, FL 33156 Name Changed: 01/04/2016 Address Changed: 01/04/2016 Officer/Director Detail Name &Address Title OPTS BERMONT, PETER L Page 795 of 1416 http:!/search.sunbiz.org/!nquiry:CorporationSearch/SearchResultDetail?inquirytype=Entity... 3/1 I'2U 16 Detail by Entity Name Page 2 of 3 3427 N. Moorings Way Miami, FL 33133 Title D MARTINELLI, FRAN 8420 NW S.R. 45 HIGH SPRINGS, FL 32643 Title President Wise, Tracy B 3191 Argonne Drive, NW Atlanta, GA 30305 Annual Reports Report Year Filed Date 2014 01/13/2014 2015 04/16/2015 2016 01/04/2016 Document Images 01;04/2016 -- ANNUAL REPORT View image in PDF format 04;16/2015--ANNUAL REPORT View image in PDF format 01/13/2014--ANNUAL REPORT I View image in PDF format • 01122/2013-- ANNUAL REPORT View image in PDF format 03//28/2012 -- ANNUAL REPORT View image in PDF format 01/20/2012 --Amendment View image in PDF format 01/28/2011 —ANNUAL REPORT View image in PDF format 07/12/2010 — ADDRESS CHANGE View image in PDF format 01'25/2010 --ANNUAL REPORT View image in PDF format 03/13/2009 — ANNUAL REPORT View image in PDF format 02/04/2008 —ANNUAL REPORT View image in PDF format 04/16/2007—ANNUAL REPORT View image in PDF format 01/23/2006—ANNUAL REPORT View image in PDF format 02/12/2005 —ANNUAL REPORT View image in PDF format 03/12/2004 --ANNUAL REPORT View image in PDF format 06/27/2003 — ANNUAL REPORT View image in PDF format 01/21/2003 —ANNUAL REPORT View image in PDF format 10/16/2002 —ANNUAL REPORT View image in PDF format 01/22/2002 — ANNUAL REPORT View image in PDF format 08/27/2001 —ANNUAL REPORT View image in PDF format 01/11/2001 — ANNUAL REPORT View image in PDF format 04/23/2000 — ANNUAL REPORT View image in PDF format Page 796 of 1416 http:.'Isearch.sunbiz.or,al nquity,CorporationSearch/SearchResultDetail?inquirytype=Entity... 3/11 20 16 Detail by Entity same pace 3 of 3 02/2211999--ANNUAL REPORT View image in PDF format 02i25/1998 --ANNUAL REPORT I View image in PDF format 04/29;1997--ANNUAL REPORT j View image in PDF format C4i02 1996—ANNUAL REPORT 7— View image in PDF format 02/20;1998—ANNUAL REPORT View image in PDF format Page 797 of 1416 http:/'search.sunbiz.org/Inquiry/CorporationSearch SearchResulU)etail''inquiry'type=Entity... 3/l 1.'2016 ATTACHMENT D INSURANCE REQUIRMENTS Page 798 of 1416 • . ' BEACH APPENDIX F Insurance Requirements PROCUREMENT DEPARTMENT 1755 Meridian Ave, 3ra floor Miami Beach, Florida 33139 ITB 201 6-03 '-AK 35 Page 799 of 1416 • •' •' . ! , • • 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. 1. Workers' Compensation and Employer's Liability per the Statutory limits of the state of Florida. 2. Comprehensive General Liability (occurrence form), limits of liability $ 1,000,000.00 per occurrence for bodily injury property damage to include Premises/ Operations; Products, Completed Operations and Contractual Liability. Contractual Liability and Contractual Indemnity (Hold harmless endorsement exactly as written in 'insurance requirements" of specifications). 3. Automobile Liability - $1,000,000 each occurrence - owned/non-owned/hired automobiles included. 4. Excess Liability-$ .00 per occurrence to follow the primary coverages. 5. The City must be named as and additional insured on the liability policies; and it must be stated on the certificate. 6. Other Insurance as indicated: • _Builders Risk completed value $ .00 Liquor Liability $ .00 _Fire Legal Liability $ .00 Protection and Indemnity $ .00 Employee Dishonesty Bond $ .00 Other $ .00 7. Thirty(30)days written cancellation notice required. 8. Best's guide rating B+:VI or better,latest edition. 9. The certificate must state the proposal number and title The City of Miami Beach is self-insured.Any and all claim payments made from self-insurance are subject to the limits and provisions of Florida Statute 768.28,the Florida Constitution,and any other applicable Statutes. ITB 2016-031-AIK 36 Page 800 of 1416