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Certification of Contract Delivery of Specialty Vehicles with Sirocco Marine LLC ,..DocuSign Envelope ID:072239EF-1430-48F4-B341-6COF25B80D22 C 2. C r ' DocuSign Envelope ID:AB11D5E7-38C3-40F3-902F-07BFC9D3D281 NoNtery\ el I 61 2'z-zri, • CA NI I AM I BEACH Contract no.22-397-05 CITY OF MIAMI BEACH 3/6/2023 1 9:33 EST CERTIFICATION OF CONTRACT TITLE: ITB-2022-397-DF- PURCHASE & DELIVERY OF SPECIALTY I VEHICLES CONTRACT NO.: , 22-397-05 EFFECTIVE DATE(S): This Contract shall remain in effect for two(2)years from date of Contract execution by the City Manager and City Clerk. OPTIONS TO RENEW: The City, through its City Manager, will have the option to extend for • an additional three(3),one(1)year period. Renewal of the contract is a City of Miami Beach prerogative, not a right of the Contractor. The option will be exercised only when It is In the best Interest of the City of Miami Beach. If the contract is held over beyond the term herein provided, it shall only be from a month-to-month basis 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. CONTRACTOR(S): SIROCCO MARINE LLC Alexis Postell,3277 SE 14T"Avenue, Fort Lauderdale, FL 33316,954- 764-9561,or operationstsiroccomarine.com A. AUTHORITY - Upon affirmative action taken by the Mayor and City Commission of the • City of Miami Beach, Florida, on November 16, 2022, for approval to award a contract, upon execution between the City of Miami Beach,Florida,and Contractor. B. - EFFECT - This Contract is entered into to provide for the Purchase and Delivery of Specialty Vehicles pursuant to Invitation to Bid No. 2022-397-DF. By virtue of executing this Agreement, Contractor agrees to be bound by and in compliance with the Terms and Conditions for Formal Solicitations -Terms &Conditions—Goods & Services,which may be found at the following link: Formal-Solicitations-Terms-Conditions-Goods-and- Services-General-7.7.2022.pdf(miamibeachfl.govl and made a part hereof. Without limiting the foregoing, the Contract Documents expressly include this Contract, Composite Attachment A (the City's Commission Award Memorandum), Attachment B (Plans and Specifications, Formal Solicitations-Terms&Conditions— Goods&Services, Invitation to Bid No. ITB-2022-397-DF-Purchase and Delivery of Specialty Vehicles and all Addenda thereto), Attachment C(Sunbiz Entity Detail and Contractor's Response to the ITB.) Provided, however, that in the event of an express conflict between the Proposal.Documents and this Agreement, the following order of precedent shall prevail: this Contract; the ITB and the Proposal. C. PURPOSE - To provide various specialty vehicles for various departments on an "as- needed" basis in accordance with the prescribed specifications and requirements in 1 DocuSign Envelope ID:072239EF-1430-48F4-B341-6C0F25B80D22 DocuSign Envelope ID:AB11 D5E7-38C3-40F3-902F-07BFC9D3D281 Contract no.22-397-05 Appendix A of the ITB. Pricing shall be in accordance with Exhibit A Cost Proposal attached hereto. For the list of awarded line items,see Exhibit B attached hereto. D. MANAGING DEPARTMENT CONTACT - If you have any questions regarding this communication, ,you may contact Valerie Velez, Contract Analyst, Procurement Department. at ValerieVelezn.miamibeachfl.gov or 305-673-7490. Otherwise, all other inquiries should be addressed, Allan Gonzalez, Fleet Manager at aiiangonzalezc miamibeachfl.gov or 305-673-7641. E. INSURANCE CERTIFICATE(S)-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. 1. 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. 2. 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. 3. 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. 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 2 DocuSign Envelope ID:072239EF-1430-48F4-B341-6C0F25B80D22 DocuSign Envelope ID:AB11 D5E7-38C3-40F3-902F-07BFC9D3D281 Contract no.22-397-05 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. 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 947 Murrieta,CA 92564 Kindly, submit all certificates of insurance, endorsements, exemption letters to our servicing agent, EXIGIS,at: Certificates-miamibeachesiskworks.corn 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. F. FORCE MAJEURE a. A "Force Majeure" event is an event that (I) in fact causes a delay in the performance of the Contractor or the City's obligations under the Agreement, and (ii)is beyond the reasonable control of such party unable to perform the obligation, and(iii)is not due to an intentional act,error, omission, or negligence of such party, and (iv)could not have reasonably been foreseen and prepared for by such party at any time prior to the occurrence of the event.Subject to the foregoing criteria, Force Majeure may include events such as war, civil insurrection, riot, fires, epidemics, pandemics, terrorism, sabotage, explosions, embargo restrictions, quarantine restrictions, transportation accidents, strikes, strong hurricanes or tornadoes, earthquakes, or other acts of God which prevent performance. Force Majeure shall not include technological impossibility, inclement weather, or failure to secure any of the required permits pursuant to the Agreement. b. If the City or Contractor's performance of its contractual obligations is prevented or delayed by an event believed by to be Force Majeure, such party shall immediately, upon learning of the occurrence of the event or of the commencement of any such delay, but in any case within fifteen(15)business days thereof,provide notice: (i) of the occurrence of event of Force Majeure, (ii) of the nature of the event and the cause thereof, (ill) of the anticipated impact on the Agreement, (iv) of the anticipated 3 • DocuSign Envelope ID:072239EF-1430-48F4-B341-6C0F25B80D22 DocuSign Envelope ID:AB11 D5E7-38C3-40F3-902F-07BFC9D3D281 Contract no.22-39.7-9S period of'the delay,,and (v).of what course of action such party plans to take in order to • mitigate the detrimental effects of the event. The timely delivery of the notice of the occurrence of a Force Majeure event is.a,condition precedent to allowance of any relief pursuant to this section; however, receipt of such notice shall not constitute acceptance. that the event claimed to be a Force Majeure event is in fact Force Majeure, and the burden of proof of the occurrence of:a Force Majeure event.shall be on the requesting party. c. The City may, through its City manager, in its sole and absolute discretion, make amendment or equitable adjustment in the contract terms and Conditions and/or pricing to address very limited unforeseen circumstances, outside of the successful Bidder's control relating to certain supply chain issues and extreme market volatility.The City may,through its City Manager, but shall have no obligation to consider or otherwise approve an adjustment, where pricing or availability of supply is affected,by extreme or unforeseen volatility in the.marketplace satisfying, at a minimum,. all of the following criteria: 1)the volatility is due to causes wholly beyond the successful Bidder's control; 2). the volatility affects the entire marketplace or industry, not Just the particular successful Bidder's source of supply; 3)the effect on pricing or availability of supply Is substantial; and 4) the volatility so affects the :successful Bidders that continued performance.of the Contract would result;Irian excessive or unreasonable substantial loss or financial hardship to the. Bidders; such as, for example, an event implicating insolvency or bankruptcy.Any adjustmentwould require irrefutable.evidence and written approval by the Chief Procurement Officer, For the avoidance.of•doubt,this section does not in any alter or affect the allocation of risk between the City and the Bidders pursuant to the Contract,or Bidder's assumption of all risks relating to its performance in accordance with the Contract terms. d: No party hereto shall be liable for its failure to carry out its obligations under the Agreement during a period when such party is rendered unable, in whole or in part, by Force..Majeure to carry out such obligations.The suspension of any of the obligations. under this Agreement due to a Force Majeure.event shall be of no greater scope and no longer duration than is required. The party shall use its reasonable best efforts to continue to perform its obligations hereUnder to the extent such obligations.are not affected or are only partially affected by the Force Majeure event, and to correct or cure the event or condition excusing performance and otherwise to remedy its inability. to perform to the extent its inability to perform is. the direct result of the Force Majeure event with all reasonable dispatch e. Obligations pursuant to the Agreement that arose before the occurrence of a. Force Majeure event, causing the.suspension of performance,shall not be excused as a result of such occurrence unless such occurrence makes such performance not reasonably possible.The obligation to pay money in a timely manner for obligations and liabilities which. matured prior to the occurrence of a Force Majeure event shall not be subject to the Force Majeure provisions. 1., Notwithstanding any other provision to the contrary herein, in the event of a Force Majeure.occurrence, the City may, at the sole discretion of the City Manager, suspend the City's payment obligations under the Agreement, and may take such action without regard to the notice requirements herein.Additionally, in the event that an event of Force Majeure delays a party's performance under the Agreement for a time period 4 DocuSign Envelope ID:072239EF-1430-48F4-B341-6C0F25B80D22 DocuSign Envelope ID:AB11D5E7-38C3-40F3-902F-07BFC9D3D281 Contract no.22-397-05 greater than thirty (30) days, the City may, at the sole discretion of the City Manager, terminate the Agreement on a given date, by giving written notice to Contractor of such termination. If the Agreement is terminated pursuant to this section, Contractor shall be paid for any Services satisfactorily performed up to the date of termination; following which the City shall be discharged from any and all liabilities, duties, and terms arising out of, or by virtue of, this Agreement. In no event will any condition of Force Majeure extend this Agreement beyond its stated term G. 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 for work provided to or on behalf of City shall be comparable to the best local and national standards. • H. 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. RELATIONSHIP TO THE CITY - It is the intent of the City, and Bidder's hereby acknowledge and agree, that the successful Bidders is considered to be an independent contractor, and that neither the Bidders, nor the Bidder's employees, agents, and/or contractors, shall, under any circumstances, be considered employees or agents of the City. J. THIRD PARTY BENEFICIARIES - Neither Contractor nor City intends to directly or substantially benefit a third party by this Contract and/or the Contract Documents. Therefore, the parties agree that there are no third-party beneficiaries to this Contract and that no third party shall be entitled to assert a claim against either of them based upon this Contract and/or the Contract Documents. The parties expressly acknowledge that it is not their intent to create any rights or obligations in any third person or entity under this Contract and/or the Contract Documents. K. 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. 5 DocuSign Envelope ID:072239EF-1430-48F4-B341-6C0F25B80D22 DocuSign Envelope ID:AB1ID5E7-38C3-40F3-902F-07BFC9D3D281 • Contract no.22-397-05 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. L. 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. M. 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. [BALANCE OF PAGE INTENTIONALLY LEFT BALNKI 6 DocuSign Envelope ID:072239EF-1430-48F4-B341-6C0F25B80D22 DocuSign Envelope ID:AB11D5E7-38C3-40F3,902F-07BFC9D3D281 Contract no.22.397-65 WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their appropriate officials, as of the date first entered above. FOR CITY: CITY OF MIAMI BEACH;,FLORIDA ATTEST: DocuSigned by: Crafad, arattLak By: FARRRAORPRSFACF Rafael E. Grenade,City Clerk ,lina T. Hudak, Ci Manager 3/6/2023 I 9:33 EST Date: FOR CONSULTANT: SIROCCO MARINE LLC By: 724-A gsi Print Name and Title / Date: Fe....17 .<2 0:2 APPROVED AS TO FORM&LANGUAGE & FOR EXECUTION 7/(lakEk\As Rittk\ iffJe7 liCitij Attorney eSrfir Date 7 DocuSign Envelope ID:072239EF-1430-48F4-B341-6C0F25B80D22 • • DocuSign Envelope ID:AB11D5E7-38C3-40F3-902F-07BFC9D3D281 EXHIBIT B LIST OF AWARDS BY LINE ITEM(PRIMARY/SECONDARY) • • • • Attachment A ITB 2022-397-DF Tabulation Line Item Description Advantage Golf Cars Contender Boats Four Mile Road Jeffrey Allen Sirroco Marine 15 JOHN DEERE—1.1TV 13% A16- EZ-GO—GOLF CAR 5% Al& CLUB CAR—GOLF CAR 10% A19 YAMAHA—GOLF CAR 3% AZ5 CONTENDER—MOTORBOAT 3696 A31 FLUID-MOTORBOAT Primary Vendors: John Deere-Four Mile Road Ez-Go-Advantage Golf Club Car-Jeffrey Allen • Yamaha-Advantage Golf Contender-Contender Boats Fluid-Sirocco Marine Secondary Vendor Club Car-Advantage Golf • DocuSign Envelope ID:072239EF-1430-48F4-B341-6C0F25B80D22 ATTACHMENT A RESOLUTION COMMISSION ITEMS AND COMMISSION MEMORANDUM DocuSign Envelope ID:072239EF-1430-48F4-B341-6C0F25B80D22 ! Reports-C2 C MIAMI BEACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Alina T. Hudak, City Manager DATE: November 16, 2022 SUBJECT: REQUEST FOR APPROVAL TO AWARD A CONTRACT PURSUANT TO INVITATION TO BID (ITB) 2022-397-DF FOR PURCHASE AND DELIVERY OF SPECIALTY VEHICLES. RECOMMENDATION It is recommended that the Mayor and City Commission approve the award of a contract pursuant to Invitation to Bid (ITB) No. 2022-397-DF for the purchase and delivery of specialty vehicles to primary and secondary vendors, as set forth in Attachment"A," and further authorize the City Manager and City Clerk to execute the contracts. This solicitation is currently under the cone of silence. BACKGROUND/HISTORY The City of Miami Beach ("City") Fleet Division of the Fleet and Facilities Management Department sought bids from authorized vendors to establish a contract to provide various specialty vehicles for several departments as needed for operational requirements. Specialty vehicles are defined as all-terrain vehicles (ATVs), utility vehicles (UTVs), golf cars, personal watercraft (PWCs), and motorboats. Through the ITB, the Administration intends to establish discount pricing contracts, based on percentage off of manufacters' suggested retail pricing,for the required specialty vehicles. ANALYSIS On September 19, 2022, the ITB was issued. Bid notices were issued to approximately 6,700 companies utilizing the City's e- procurement system, with 43 prospective bidders accessing the solicitation.,A pre-bid conference to provide information to proposers submitting. a response was held on September 29, 2022. One (1) addendum was issued. Responses were due and received on October 13, 2022. The City received five (5) responses from the following firms: Advantage Golf Cars SEFL, LLC; Contender Boats, Inc.; Four Mile,Road LLC; Jeffrey-Allen, Inc.; and Sirocco Marine LLC. The ITB included more than 30 brands typically utilized by the City, including: • Kawasaki • Polaris • Kubota • Yamaha • Suzuki • Honda • CanAm • John Deere • Ez-Go • Club Car • Sea-Doo • Boston Whaler • Safeboat • Contender • Metalshark • SeaVee • Intrepid • Seahunter • Yellowfin • Fluid I DocuSign Envelope ID_072239EF-1430-48F4-B341- C9F25B80D22 ,OJT/), Ez-Go (Golf Car), Club Car (Golf Car), Yamaha (Golf Car), Contender(Motorboat), and Fluid (Motorboat) brands. The solicitation stated that the lowest responsive, responsible Bidder meeting all terms, conditions, and specifications would be recommended for award. The Procurement Department and Fleet Division verified that the lowest responsive bid submitted by Advantage Golf Cars SEFL, LLC, Contender Boats, Inc., Four Mile Road LLC, Jeffrey-Allen, Inc., and Sirocco Marine LLC (the "Bidders") met the requirements of the solicitation. Furthermore, City staff verified that the Bidders complied with the solicitation's submittal requirements regarding licensure and approval to provide the goods. The Bidders have provided various specialty vehicles to several South Florida public and private agencies. Accordingly, the Bidders have been deemed the lowest responsive and responsible Bidder, meeting all terms, conditions, and specifications of the ITB. The award for primary and secondary vendors are as follows: John Deere - Four Mile Road LLC (Primary); Ez-Go -Advantage Golf Cars SEFL LLC (Primary); Club Car- Jeffrey Allen (Primary), Advantage Golf Cars SEFL LLC (Secondary); Yamaha -Advantage Golf Cars SEFL LLC (Primary); Contender Motorboats - Contender Boats, Inc. (Primary); and, Fluid Motorboats-Sirocco Marine LLC. A brief description of the lowest responsive and responsible bidders is below. Advantage Golf Cars SEFL, LLC Advantage Golf Cars SEFL LLC ("Advantage Golf Cars") provides superior customer service and has an entire team of professional sales members,finance experts, service technicians, and a knowledgeable parts and accessories staff to support their clients.Advantage Golf Cars prides itself on having well-trained experts that strive for customer satisfaction. Contender Boats, Inc. Contender Boats Inc. ("Contender Boats") has over 35 years of experience building the world's finest semi-custom sportfishing boats. Boats that are carefully engineered and meticulously hand-crafted—not because it is the easy way, but because Contender Boats has a reputation to uphold.A reputation for building boats that outperform and out-last.A reputation that drives it to push the envelope even further every day. Four Mile Road LLC Four Mile Road LLC d/b/a Green Thumb("Green Thumb")was founded in 1975 by Joe and Diana Biesterfeld. Green Thumb is the premier outdoor power equipment dealership in the southeastern United States. Green Thumb sells and services commercial landscapers, municipalities, and homeowners throughout Florida. The Biesterfeld family is the heart of Green Thumb, with Joe's sons, John and Joe Jr., growing the company to its current size Jeffrey-Allen Inc. Jeffrey-Allen Inc. ("Jeffrey Allen) is a third-generation family-owned golf cart dealership and service provider founded in 1970. Jeffrey Allen is Florida's premier authorized golf car dealer for Club Car and other leading golf cart brands and specializes in golf car sales, service, parts, accessories, and rentals. Jeffrey Allen serves central and south Florida customers with showrooms in Tampa, Orlando, and Ft. Lauderdale (Davie). Sirocco Marine LLC Sirocco Marine LLC ("Sirocco Marine") originated as an Australia-wide dealer network; client-focused service is what it is now renowned for.The Sirocco Marine network has expanded into the United States by opening Sirocco dealerships in Fort Lauderdale and Annapolis. In the next two to three years, it will open five (5)to six (6) dealerships in prime locations across the United States. In keeping with its high-quality brands, its customer service and after-sales support sets Sirocco Marine apart and make it the best in the inflatable boat market. SUPPORTING SURVEY DATA According to the 2019 Community Satisfaction Survey conducted by ETC institute (the "Survey"), 62.9% satisfaction was given to "Quality of Customer Service" among the City's residents. The 2019 result indicated a positive upward trend compared to the 2016 Community Satisfaction Survey, which showed 53.6% satisfaction. Maintaining a well-equipped and well-maintained fleet is critical to the delivery of City services for visitors, residents, and businesses alike. FINANCIAL INFORMATION As a result of this ITB, the Fleet Division will be able to streamline a considerable amount of its specialty vehicle purchases through a competitively-procured contract that provides protection against escalating list prices currently affecting the fleet industry at large. Further, as indicated in Attachment"A,"the City will take advantage of pricing at MSRP cost or better. Purchases pursuant to the award of the ITB shall be subject to funds availability approved through the City's budgeting process. Grant funding will not be utilized for this project. Amount(s)/Account(s): AMOUNTS/ACCOUNTS 1435-0430-000673-29-422-000-00-00-00- I $88,000.00 DocuSign Envelope ID:072239EF-1430-48F4-B341-6C0F25B80D22 82,100.00 .... .....,., w� 510-1780-000673-00-422-000-00-00-00-61122 $131,000.00 510-1780-000673-00-422-000-00-00-00-61723 $175,500.00 520-1720-000673-29-422-000-00-00-00- $92,000.00 $768,600.00 CONCLUSION Based on the foregoing, I recommend that the Mayor and City Commission of the City of Miami Beach, Florida, approve the award of a contract pursuant to Invitation to Bid (ITB) No. 2022-397-DF for the purchase and delivery of specialty vehicles to the primary and secondary vendors, as set forth in Attachment "A," and further authorize the City Manager and City Clerk to execute the contracts. Applicable Area Not Applicable 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 Legislative Tracking Facilities and Fleet Management/Procurement ATTACHMENTS: Description D Attachment A-Tabulation DocuSign Envelope ID:072239EF-1430-48F4-B341-6C0F25B80D22 Attachment A ITB 2022-397-DF Tabulation Line Item Description Advantage Golf Cars Contender Boats Four Mile Road Jeffrey Allen Sirroco Marine 15 JOHN DEERE—UTV 13% A16 EZ-GO—GOLF CAR 5% A18 CLUB CAR—GOLF CAR 0% 10% A19 YAMAHA—GOLF CAR 3% A25 CONTENDER—MOTORBOAT 30% A31 FLUID-MOTORBOAT 5% Primary Vendors: John Deere-Four Mile Road - Ez-Go-Advantage Golf Club Car-Jeffrey Allen Yamaha-Advantage Golf Contender-Contender Boats Fluid-Sirocco Marine Secondary Vendor: Club Car-Advantage Golf DocuSign Envelope ID:072239EF-1430-48F4-B341-6C0F25B80D22 ATTACHMENT B SOLICITATION AND ADDENDUMS DocuSign Envelope ID:072239EF-1430-48F4-B341-6C0F25B80D22 M I AM I B E AC H PROCUREMENT DEPARTMENT 1755 Meridian Avenue,3111 Floor Miami Beach,Florida 33139 www.miamibeachfl.gov ADDENDUM NO. 1 INVITATION TO BID NO.2022-397-DF FOR PURCHASE AND DELIVERY OF SPECIALTY VEHICLES October 6,2022 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: ITB DUE DATE AND TIME. The deadline for the electronic receipt of bids is extended until 3:00 p.m., on Thursday, October 13, 2022. All bids received and time stamped through PeriscopeS2G,prior to the bid submittal deadline shall be accepted as timely submitted. Bids will be opened promptly at the time and date specified. Hard copy bids or bids received electronically, either through email or facsimile, submitted prior to or after the deadline for receipt of bids are not acceptable and will be rejected. Late bids cannot be submitted, bidders are cautioned to plan sufficiently. The City will in no way be responsible for delays caused by technical difficulty or caused by any other occurrence. II. RESPONSES TO QUESTIONS RECEIVED: Q1: We are a B2G business with pricing structure established by the federal government.We have no MSRP and cannot discount for the General Services Administration (GSA) price. How do we handle this? Al:The purpose of the ITB is to establish contract(s)for future needs.Manufacturer Suggested Retail Price(s)(MSRP)is required to verify pricing future purchases. 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: Danny Flores 305-673-7000 ext. 26652 DannyFlores@miamibeachfl.gov Proposers are reminded to acknowledge receipt of this addendum as part of your ITB submission. incerely, {),.._ Kris da Pro ement Contracting Manager 1 ADDENDUM NO.1 I INVITATION TO BID NO.2022-397-DF FOR PURCHASE AND DELIVERY OF SPECIALTY VEHICLES DocuSign Envelope ID:072239EF-1430-48F4-B341-6C0F25B80D22 MIAMI BEACH Invitation to Bid (ITB) 2022-39 7-D F Purchase and Delivery of Specialty Vehicles TABLE OF CONTENTS SOLICITATION SECTIONS: 0100 INSTRUCTIONS TO BIDDERS 0200 GENERAL TERMS AND CONDITIONS 0300 BID SUBMITTAL INSTRUCTIONS & FORMAT APPENDICES: APPENDIX A MINIMUM REQUIREMENTS, SPECIFICATIONS,AND SPECIAL CONDITIONS APPENDIX B COST PROPOSAL FORM APPENDIX C INSURANCE REQUIREMENTS DocuSign Envelope ID:072239EF-1430-48F4-B341-6C0F25B80D22 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.periscooeholdings.com or www.bidsvnc.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 City is seeking bids from authorized vendors to establish a contract to provide various specialty vehicles for various departments on an"as needed"basis solely determined by the City.Specialty vehicles are defined as all-terrain vehicles(ATVs), utility vehicles(UTVs),golf cars, personal watercraft(PWCs),and motorboats. The minimum requirements,specifications, and special conditions are further detailed in Appendix A. 3.SOLICITATION TIMETABLE.The tentative schedule for this solicitation is as follows: ITB Issued September 19, 2022 Pre-Bid Meeting September 29, 2022 at 11:00 am ET Join on your computer or mobile app Click here to join the meeting Meeting ID: 271 190 856 316 Passcode:yeHxZw Download Teams I Join on the web Or call in (audio only) +1786-636-1480 United States, Miami Phone Conference ID: 414 147 894, then# Deadline for Receipt of Questions September 30,2022 at 5:00 pm ET Deadline for Submittal of Bids October 11,.2022 at 3:00 pm ET Join on your computer or mobile app Click here to join the meeting Meeting ID: 288 756 628 343 Passcode: gZDPjb Download Teams I Join on the web DocuSign Envelope ID:072239EF-1430-48F4-B341-6C0F25B80D22 Or call in (audio only) +1786-636-1480 United States, Miami Phone Conference ID: 746-001-883,then# Tentative Commission Approval Authorizing TBD Award 4.PROCUREMENT CONTACT.Any questions or clarifications concerning this solicitation shall be submitted to the Procurement Contact noted below: Procurement Contact: Telephone: Email: Danny Flores 305-673-7000, Ext.26652 DannyFlores@miamibeachfl,gov dditionally, the City Clerk is to be copied on all communications via e-mail at: RafaelGranado • miamibeachfl..ov; 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).A pre-bid meeting or site visit(s) may be scheduled. Attendance for the pre-bid meeting shall be via web conference and recommended as a source of information but is not mandatory. Bidders interested in participating in the pre-bid meeting must follow these steps: September 29,2022 at 11:00 am ET • Join on your computer or mobile app Click here to join the meeting Meeting ID:271 190 856 316 Passcode:yeHxZw Download Teams j Join on the web • Or call in (audio only) +1 786-636-1480 United States, Miami Phone Conference ID:414 147 894,then# Bidders who are participating via telephone should send an e-mail to the contact person listed in this ITB expressing their intent to participate via telephone. 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- submittal meeting or site visit(s).The City by means of Addenda will issue interpretations or written addenda clarifications considered necessary by the City in response to questions.Only questions answered by written addenda will be binding and may supersede terms noted in this solicitation. Addendum will be released through Periscope S2G.Any prospective bidder 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 DocuSign Envelope ID:072239EF-1430-48F4-B341-6C0F25B80D22 this ITB. Failure to receive an addendum may result in disqualification of the bid submittal.Written questions should be received no later than the date outlined in the Anticipated ITB Timetable section. 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 named herein with a copy to the City Clerk at rafaelgranado@miamibeachfl.gov. 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, DocuSign Envelope ID:072239EF-1430-48F4-B341-6C0F25B80D22 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 Bid Bond (if applicable) shall render a bid non-responsive. Non-responsive bids will not be 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. PERISCOPE S2G (FORMERLY BIDSYNC). The Procurement Department utilizes Periscope S2G, Supplier-to-Government electronic bidding (e-Bid) platform. If you would like to be notified of available competitive solicitations released by the City you must register and complete your vendor qualifications through Periscope S2G, Supplier-to-Government www.bidsvnc.com/Miami-Beach. Registration is easy and will only take a few minutes. For detailed instructions on how to register, complete vendor qualifications and submit electronic bids visit https://www.miamibeachfl.gov/city-halllprocurementlfor-approval-how-to- become-a-vendor/. Should you have any questions regarding this system or registration, please visit the above link or contact Periscope S2G, Supplier-to-Government at support a(..bidsync.com or 800.990.9339, option 1, option 1. 14. HOW TO MANAGE OR CREATE A VENDOR PROFILE ON VENDOR SELF SERVICE (VSS). In addition to registering with Periscope S2G, the City encourages vendors to register with our online Vendor Self-Service web page,allowing City vendors to easily update contacts, attachments(W-9),and commodity information. The Vendor Self-Service (VSS) webpage (https://selfservice.miamibeachfl.gov/vss/Vendors/default.aspx) will also provide you with purchase orders and payment information. Should you have any questions and/or comments, do not hesitate to submit them to vendorsupportna.miamibeachfl.gov 15. SUPPLIER DIVERSITY. In an effort to increase the number and diversity of supplier options in the procurement of goods and services, the City has established a registry of LGBT-owned businesses, as certified by the National LGBT Chamber of Commerce(NGLCC) and small and disadvantaged businesses, as certified by Miami-Dade County. See authorizing resolutions here. DocuSign Envelope ID:072239EF-1430-48F4-B341-6C0F25B80D22 If your company is certified as an LGBT-owned business by NGLCC,or as a small or disadvantaged business by Miami-Dade County,click on the link below to be added to the City's supplier registry(Vendor Self-Service) and bid system(Periscope S2G,Supplier-to-Government).These are two different systems and it is important that you register for both. Click to see acceptable certification and to register:https://www.miamibeachfl.gov/city-hall/procurement/how- to-become-a-vendor/. DocuSign Envelope ID:072239EF-1430-48F4-B341-6C0F25B80D22 SECTION 0200 GENERAL TERMS AND CONDITIONS FORMAL SOLICITATIONS - TERMS & CONDITIONS— GOODS & SERVICES. By virtue of submitting a bid in response to this solicitation, proposer agrees to be bound by and in compliance with the Terms and Conditions for Goods & Services (dated July 7, 2022), incorporated herein, which may be found at the following link: https://www.miamibeachfl.gov/city-hall/procurement/standard-terms-and-conditions/ Balance of Page Intentionally Left Blank DocuSign Envelope ID:072239EF-1430-48F4-B341-6C0F25B80D22 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 bidders 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 S2G@a.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 required forms on or before the Deadline for Submittal of Bids shall result in a determination of non-responsiveness. Non-responsive bids will not be considered. 1. Bid Submittal Questionnaire (submitted electronically via Periscope S2GI. 2. Cost Proposal Form(Appendix B) 3. OMITTED OR ADDITIONAL INFORMATION. Failure to complete and submit the Bid Submittal Questionnaire(submitted electronically),the Cost Proposal,and bid bond(if applicable)with the bid and by the deadline for submittals shall render the bid non-responsive. Non-responsive bids will not be considered. Bid Submittals received that do not include the Cost Proposal Form,completed as required, 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. BID PROPOSAL.The Bid Proposal is to include the following: DocuSign Envelope ID:072239EF-1430-48F4-B341-6C0F25B80D22 • TAB 1 — Cost Proposal Form (Appendix B). The Cost Proposal Form (Appendix B) shall be completed in its entirety.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. Balance of Page Intentionally Left Blank DocuSign Envelope ID:072239EF-1430-48F4-B341-6C0F25B80D22 APPENDIX A M I AM I BEACH Minimum Requirements , Specifications , and Special Conditions 2022-39 7-D F Purchase and Delivery of Specialty Vehicles PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 DocuSign Envelope ID:072239EF-1430-48F4-B341-6C0F25B80D22 C1.Minimum Eligibility Requirements.The Minimum Eligibility Requirements for this solicitation are listed below. Bidder shall submit the required submittal(s) documenting compliance with each minimum requirement. Bidders that fail to comply with minimum requirements shall be deemed non-responsive and shall not have its bid considered. 1. Bidder(defined as the Firm)shall be an authorized dealer for the manufacturer(s) proposed. Required Submittals: Manufacturer's letter or other documentation showing firm's authenticity as a dealer. C2.Statement of Work Required. The City of Miami Beach is seeking a qualified vendor(s)to supply specialty vehicles, parts, and accessories to be used by authorized City departments. Specialty vehicles include the following: a. all-terrain Vehicles(ATVs) b. utility vehicles(UTVs) c. golf cars d. personal watercraft(PWC) e. motorboats C3.Specifications. Group A: Purchase and Delivery of Specialty Vehicles.Through this group,the City seeks to establish a discount off Manufacturer Suggested Retail Price(MSRP),or List Price,for the purchase of specialty vehicles on an"as needed" basis. Refer to Appendix B for the list of specialty vehicle brands and their associated estimated contract expenditure. The City will endeavor to utilize this ITB and subsequent executed contract(s) for the replacement of its obsolete specialty vehicles, however there is no guarantee expressed or implied as to quantities or dollars that will be used during the contract period. Additional original equipment manufacturer(OEM) parts or accessories may be required with each vehicle purchased, including but not limited to: 1. Flip Windshield 2. Hard Roof 3. Undercoating 4. Cargo Box 5. Bed Liner The cost of any OEM part or accessory shall be offered to the City at the same discount extended for the brands listed in Appendix B -Cost Proposal and must abide by the requirements of Section 3.1 of C3.Specifications detailed herein. Products furnished under this contract shall be the manufacturer's current year model, standard industrial product, except for those modifications or changes required in the standard product to comply with this specification's requirements.All components normally furnished with commercially offered standard products shall be furnished with each unit. DocuSign Envelope ID:072239EF-1430-48F4-B341-6C0F25B80D22 3.1 Required Documentation for MSRP.At the time of order, the awarded vendor(s)shall be responsible for providing the current catalog, manufacturer's price sheet, or other documentation deemed necessary by the City showing the MSRP for each purchased equipment. The discount included shall account for all fees and expenses required to complete the transaction,including vehicle destination charges,dealer fees,shipping and delivery to the City.The City will assume responsibility for the cost and acquisition of title and registration for purchased specialty vehicle(s). Such registration and title fees on invoices will not be accepted by the City. The awarded vendor(s)will provide a separate invoice outlining each specialty vehicle identification number(VIN)for delivered specialty vehicles. 3.2 Shipping and Delivery. Bidder(s)shall include shipping within the discount offered in this ITB. Shipping may not be charged separately. Equipment will be delivered to various locations throughout the City as directed by City staff.All deliveries shall be made Monday through Friday from 8:00 am to 3:00 pm eastern standard time, unless otherwise requested. Awarded vendor(s) is required to provide a minimum of one(1) week notice before delivery, with said notice providing the anticipated time of delivery and the quantities to be delivered. Upon delivery,vendor(s)shall provide the following documentation: a. manufacturer Statement of Origin(MSO); b. all applicable warranty documents; c. all applicable manuals; d. the invoice with the appropriate corresponding purchase order number (Invoices shall include an itemized list of all the options listed individually, including at a minimum, part number, description, quantity,and cost) 3.3 Vehicle Inspection Prior to acceptance,each vehicle delivered shall be subject to a complete inspection by the City. Inspection criteria shall include, but not be limited to, conformity to the specifications, mechanical integrity, quality, workmanship, and materials. If delivered equipment is returned to the vendor before acceptance for any reason, all corrections shall be made without any inconvenience to the City. 3.4 Manuals Awarded vendor(s)shall furnish the below listed manuals during delivery of vehicle(s): a. Operator's manual b. Parts manual c. Service and repair manual d. Overhaul manual e. Cross-reference guide from manufacturer's parts numbers to supplier's parts numbers The vendor(s)shall provide one(1) hard copy of each manual with each delivery specialty vehicle.The City may request one (1) electronic copy on either a portable thumb drive or compact disc (CD) which must be provided within five(5)days request by the City. DocuSign Envelope ID:072239EF-1430-48F4-B341-6C0F25B80D22 3.5 Training Proposer shall provide training to operators and technicians at no additional cost if requested by the City.At a minimum, such training shall include operator training on all machine functions and operator preventive maintenance. 3.6 Equipment Recalls If any recall notice, technical service bulletin, or other important notification affecting equipment purchased from this contract is released to the general public, a notice regarding affected City equipment shall be sent to City staff in a timely manner. Vendor(s) shall provide in writing to the City detailed instructions on how to remedy said recall(s)for the affected vehicle(s)and give a timetable in which the City can expect the repairs to be made. Any existing or outstanding recalls known to the general public must be remedied before delivering new vehicle(s)to City as part of a new order. The vendor(s)shall coordinate logistically with the City on the location of where the repairs will be made.The City shall not compensate the vendor for pickup or dropoff of affected vehicle(s). C4.Special Conditions 1. TERM OF CONTRACT. The contract shall remain in effect for two (2) years from the date of contract execution by the City Manager and the City Clerk. 2.OPTIONS TO RENEW.The City,through its City Manager,will have the option to extend for an additional three(3),one(1)year period. Renewal of the contract is a City of Miami Beach prerogative, not a right of the Contractor. The option will be exercised only when it is in the best interest of the City of Miami Beach. If the contract is held over beyond the term herein provided, it shall only be from a month-to-month basis 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 3.SHIPPING TERMS. Freight-on-Board (FOB) Destination. DocuSign Envelope ID:072239EF-1430-48F4-B341-6C0F25B80D22 APPENDIX B M I AM I BEACH Cost Proposal Form 2022-39 7-D F Purchase and Delivery of Specialty Vehicles PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 DocuSign Envelope ID:072239EF-1430-48F4-B341-6C0F25680D22 APPENDIX B COST PROPOSAL FORM Failure to submit Appendix B,Cost Proposal Form, in its entirety by the deadline established for the receipt of bids will result in bid submittal bein• deemed non-res•onsive 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 Cost Proposal Form (Appendix B) shall be completed in its entirety. All corrections on the Cost Proposal Form(Appendix B)shall be initialed. GROUP A: PURCHASE AND DELIVERY OF EQUIPMENT Estimated Percentage Item Description Amount* Discount 1 KAWASAKI-ATV $160,000 2 POLARIS-ATV $110,000 3 KUBOTA-ATV $30,000 4 YAMAHA-ATV $30,000 5 SUZUKI-ATV $30,000 6 HONDA-AN $160,000 7 CANAM—ATV $30,000 8 KAWASAKI-UTV $250,000 9 POLARIS-UTV $55,000 10 KUBOTA-UTV $30,000 11 YAMAHA-UN $30,000 12 SUZUKI-UN $30,000 13 CANAM-UTV $30,000 14 HONDA—UTV $30,000 15 JOHN DEERE—UN $115,000 A16 EZ-GO—GOLF CAR $40,000 A17 POLARIS—GOLF CAR $15,000 A18 CLUB CAR—GOLF CAR $15,000 A19 YAMAHA—GOLF CAR $10,000 A20 YAMAHA—PWC . $25,000 A21 SEA DOO—PWC $12,000 A22 KAWASAKI—PWC $12,000 *These are annual estimated amounts. However,the City makes no guarantee of the volume of orders as a result of this ITB and reserves the right the City to increase or decrease these amounts, or place no orders, at its sole discretion. DocuSign Envelope ID:072239EF-1430-48F4-B341-6C0F25B80D22 Estimated Percentage Item Description Amount* Discount A23 BOSTON WHALER—MOTORBOAT $130,000 A24 SAFEBOAT—MOTORBOAT $400,000 % A25 CONTENDER—MOTORBOAT $500,000 %/a A26 METALSHARK—MOTORBOAT $400,000 A27 SEAVEE-MOTORBOAT $300,000 A28 INTREPID-MOTORBOAT $300,000 % A29 SEAHUNTER-MOTORBOAT $300,000 A30 YELLOWFIN-MOTORBOAT $300,000 A31 FLUID-MOTORBOAT $175,000 *These are annual estimated amounts.However,the City makes no guarantee of the volume of orders as a result of this ITB and reserves the right the City to increase or decrease these amounts,or place no orders, at its sole discretion. DocuSign Envelope ID:072239EF-1430-48F4-B341-6C0F25B80D22 APPENDIX C M I AM I BEACH Insurance Requirements 2022-39 7-D F Purchase and Delivery of Specialty Vehicles PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 DocuSign Envelope ID:072239EF-1430-48F4-B341-6C0F25B80D22 MIAMI BE TYPE 2 - GOODS, SERVICES & MAINTENANCE INSURANCE REQUIREMENTS 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. 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. 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 DocuSign Envelope ID:072239EF-1430-48F4-B341-6C0F25B80D22 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(c�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. DocuSign Envelope ID:072239EF-1430-48F4-B341-6C0F25B80D22 MIAMIBEACH FORMAL SOLICITATIONS TERMS AND CONDITIONS - GOODS & SERVICES (July 7,2022) 1. GENERAL DISCLAIMERS. a. The solicitation referenced herein is being furnished to the Bidders by the City of Miami Beach(the"City")for the Bidder's convenience. 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. Bidders are expected to examine the terms, conditions,specifications,delivery schedules,proposed pricing,and other all instructions pertaining to the goods relative to this solicitation. Failure to do so will be at the Bidder's risk and may result in the Bid being non-responsive.All expenses involved with the preparation and submission of bid, or any work performed in connection therewith, shall be the sole responsibility(and shall be at the sole cost and expense)of the Bidders,and shall not be reimbursed by the City. b. 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.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 bid,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. c. It is the responsibility of each Bidders, 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.The Bidders shall notify the Procurement Director of all conflicts,,errors,or discrepancies in the solicitation of which Bidders knows or reasonably should have known.The submission of a Bid shall constitute an incontrovertible representation by Bidders that Bidders 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. d. Any action taken by the City in response to bids received pursuant to this solicitation,or in making any award,or in failing or refusing to make any award pursuant to such bid,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.The City may postpone the deadline for submittal of bids and may,but is not required to,make a reasonable effort to give at least three(3)calendar days electronic notice of any such postponement. e. In its sole discretion,the City may determine the qualifications and acceptability of any party or parties submitting bid in response to this solicitation. f. Bidders are hereby advised that this solicitation is subject to the following ordinances/resolutions(as applicable),which may be found on the City Of Miami Beach Procurement Department website at https://www.miamibeachfl.gov/City- hall/procurement/orocurement-related-ordi nance-and-procedures/. Requirement Code Section or Resolution Cone of Silence 2-486 Protest Procedures 2-371 Debarment Proceedings 2-481 through 2-406 Lobbyist Registration and Disclosure of Fees 2-397 through 2-485.3 Campaign Contributions by Vendors 2-487 Campaign Contributions by Lobbyists 2-488 Equal Benefits for Domestic Partners 2-373 Living Wage Requirement 2-407 through 2-410 False Claims Ordinance 70-300 Acceptance of Gifts,Favors&Services 2-449 Purchase of Goods and Services Sourced in Resolution 2016-29375 Mississippi Non-discrimination(boycotts) 2016-3990 2. 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. 3. ASSIGNMENT.No contract shall be assigned,transferred,conveyed,sublet or otherwise disposed, including any or all right, Page 1 of 7 I Formal Solicitations Terms and Conditions—Goods and Services(July 7,2022) DocuSign Envelope ID:072239EF-1430-48F4-B341-6C0F25B80D22' MIAMIBEACH FORMAL SOLICITATIONS TERMS AND CONDITIONS - GOODS & SERVICES (July 7,2022) title or interest therein,or power to execute such contract,to any person,company or corporation,without the prior written consent of the City. 4. CANCELLATION.In the event any of the provisions of this Bid are violated by the Bidders,the City shall give written notice to the Bidders 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 Bidders.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 Bidders. 5. 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. 6. DEFAULT. Failure or refusal of the successful Bidders 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 Bidders from the.City's vendor list. 7. DEMONSTRATION OF COMPETENCY.Pursuant to Section 2-369 of the City Code,when determining the lowest and best Bidders,in addition to price,there shall be a consideration of the following:(1)the ability,capacity and skill of the Bidders to perform the contract;(2)whether the Bidders can perform the contract within the time specified,without delay or interference; (3)the character,integrity, reputation,judgment,experience and efficiency of the Bidders;(4)the quality of performance of previous contracts; and (5)the previous and existing compliance by the Bidders with laws and ordinances relating to the contract.In doing so,the City may take any and all actions in deems necessary,including consideration of any legal,financial, operational(facilities,staffing and equipment)factor that may impact the Bidder's ability to successfully perform the contract, and the City may contact any prior or current client,employee or agent of the Bidders. a. The City reserves the right to request supplemental information from Bidders at any time during the solicitation process, unless otherwise noted. 8. 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 goods(as the case may be)to be furnished hereunder,the decision of the City shall be final and binding on all parties. 9. 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. 10. 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. 11. 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 Bidders meets specifications. 12. 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 Bidders 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 Bidders that there are no citations or violations.Bidders shall notify the City immediately of notice of any citation or violation which Bidders may receive after the proposal opening date and during the time of performance of any contract awarded to it. 13. 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 Page 2 of 7 I Formal Solicitations Terms and Conditions—Goods and Services(July 7,2022) DocuSign Envelope ID:072239EF-1430-48F4-B341-6C0F25B80D22 MIAMI BEACH FORMAL SOLICITATIONS TERMS AND CONDITIONS - GOODS & SERVICES (July 7,2022) 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 Bidders to comply with the particular term and/or condition of the solicitation to which Bidders took exception to(as said term and/or condition was originally set forth in the solicitation and any exhibits or Addenda thereto). 14. 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,Bidders 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 goods;(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 Bidders 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. 15. JOINT VENTURES/SINGLE PURPOSE ENTITY. Joint Ventures are not allowed.bid shall be submitted only by the prime contractor. Bidders may, however, identify sub-contractors or sub-consultants to the prime Bidders who may serve as team members. 16. FORCE MAJEURE. a. A"Force Majeure" event is an event that(i) in fact causes a delay in the performance of the Contractor or the City's obligations under the Agreement,and(ii)is beyond the reasonable control of such party unable to perform the obligation, and(iii)is not due to an intentional act,error,omission,or negligence of such party,and(iv)could not have reasonably been foreseen and prepared for by such party at any time prior to the occurrence of the event Subject to the foregoing criteria, Force Majeure may include events such as war, civil insurrection, riot, fires, epidemics, pandemics, terrorism, sabotage,explosions,embargo restrictions,quarantine restrictions,transportation accidents,strikes,strong hurricanes or tornadoes,earthquakes, or other acts of God which prevent performance. Force Majeure shall not include technological impossibility,inclement weather,or failure to secure any of the required permits pursuant to the Agreement. b. If the City or Contractor's performance of its contractual obligations is prevented or delayed by an event believed by to be Force Majeure,such party shall immediately,upon learning of the occurrence of the event or of the commencement of any such delay,but in any case within fifteen(15)business days thereof,provide notice:(I)of the occurrence of event of Force Majeure,(ii)of the nature of the event and the cause thereof,(iii)of the anticipated impact on the Agreement,(iv)of the anticipated period of the delay,and(v)of what course of action such party plans to take in order to mitigate the detrimental effects of the event The timely delivery of the notice of the occurrence of a Force Majeure event is a condition precedent to allowance of any relief pursuant to this section;however,receipt of such notice shall not constitute acceptance that the event claimed to be a Force Majeure event is in fact Force Majeure,and the burden of proof of the occurrence of a Force Majeure event shall be on the requesting party. c. The City may, in its sole and absolute discretion, make amendment or equitable adjustment in the contract terms and conditions and/or pricing to address very limited unforeseen circumstances outside of the successful Bidder's control relating to certain supply chain issues and extreme market volatility. The City may, but shall have no obligation to consider or otherwise approve an adjustment,where pricing or availability of supply is affected by extreme or unforeseen volatility in the marketplace satisfying,at a minimum,all of the following criteria: 1)the volatility is due to causes wholly beyond the successful Bidder's control; 2)the volatility affects the entire marketplace or industry, not just the particular successful Bidder's source of supply;3)the effect on pricing or availability of supply is substantial;and 4)the volatility so affects the successful Bidders that continued performance of the Contract would result in an excessive or unreasonable substantial loss or financial hardship to the Bidders, such as, for example, an event implicating insolvency or bankruptcy. Any adjustment would require irrefutable evidence and written approval by the Director of Purchasing Services. For the avoidance of doubt,this section does not in any alter or affect the allocation of risk between the City and the Bidders pursuant to the Contract,or Bidder's assumption of all risks relating to its performance in accordance with the Contract terms. d. No party hereto shall be liable for its failure to carry out its obligations under the Agreement during a period when such party is rendered unable, in whole or in part, by Force Majeure to carry out such obligations. The suspension of any of the obligations under this Agreement due to a Force Majeure event shall be of no greater scope and no longer duration than is required.The party shall use its reasonable best efforts to continue to perform its obligations hereunder to the extent such obligations are not affected or are only partially affected by the Force Majeure event,and to correct or cure the event or condition excusing performance and otherwise to remedy its inability to perform to the extent its inability to perform is the direct result of the Force.Majeure event with all reasonable dispatch. Page 3 of 7 l Formal Solicitations Terms and Conditions—Goods and Services(July 7,2022) DocuSign Envelope ID:072239EF-1430-48F4-B341-6C0F251380D22 MIAMI BEACH FORMAL SOLICITATIONS TERMS AND CONDITIONS - GOODS & SERVICES (July 7,2022) e. Obligations pursuant to the Agreement that arose before the occurrence of a Force Majeure event,causing the suspension of performance,shall not be excused as a result of such occurrence unless such occurrence makes such performance not reasonably possible. The obligation to pay money in a timely manner for obligations and liabilities which matured prior to the occurrence of a Force Majeure event shall not be subject to the Force Majeure provisions. f. Notwithstanding any other provision to the contrary herein,in the event of a Force Majeure occurrence,the City may,at the sole discretion of the City Manager,suspend the City's payment obligations under the Agreement,and may take such action without regard to the notice requirements herein. Additionally,in the event that an event of Force Majeure delays a party's performance under the Agreement for a time period greater than thirty(30)days,the City may,at the sole discretion of the City Manager,terminate the Agreement on a given date,by giving written notice to Contractor of such termination. If the Agreement is terminated pursuant to this section,Contractor shall be paid for any Services satisfactorily performed up to the date of termination;following which the City shall be discharged from any and all liabilities,duties,and terms arising out of,or by virtue of,this Agreement. In no event will any condition of Force Majeure extend this Agreement beyond its stated term. 17. 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 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 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 attomey'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. 18. 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 Bidders 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. 19. 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. Page 4 of 7 I Formal Solicitations Terms and Conditions—Goods and Services(July 7,2022) DocuSign Envelope ID:072239EF-1430-48F4-B341-6C0F25B80D22 MIAMIBEACH FORMAL SOLICITATIONS TERMS AND CONDITIONS - GOODS & SERVICES (July 7,2022) 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 contractor 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. 20. LAWS.PERMITS AND REGULATIONS.The Bidders shall obtain and pay for all licenses,permits,and inspection fees required to complete the work and shall comply with all applicable laws. 21. 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 Bidders 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 Bidders shall be liable for any damages or loss to the City occasioned by negligence of the Bidders, or his/her officers, employees,contractors,and/or agents,for failure to comply with Applicable Laws. 22. MANNER OF PERFORMANCE.Bidders 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 Bidders with/of applicable laws will in no way be a cause for relief from responsibility.Bidders agrees that the work and goods provided shall be provided by employees that are educated, trained, experienced, certified, and licensed in all areas encompassed within their designated duties. Bidders agrees to furnish to the City any and all documentation, certification, authorization,license,permit,or registration currently required by applicable laws,rules,and regulations. Bidders 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 Bidders to comply with this paragraph shall constitute a material breach of this contract. 23. MODIFICATION/WITHDRAWALS OF BIDS.A Bidders 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. bid 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 bid 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. 24. 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 Bidders(primary);followed by the second lowest, responsive,responsible Bidders(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. 25. 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 Bidders. Any violation of these stipulations may also result in the Bidder's name being removed from the City's vendor list. 26. NON-DISCRIMINATION.The Bidders certifies and affirms that it is in compliance with and will be bound by the 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. 27. NON-EXCLUSIVITY.To the extent applicable,it is the intent of the City to purchase the goods or services specifically listed in the solicitation. However,the City reserves the right to purchase any goods or services awarded from any other governmental or cooperative contract,or on the open market. 28. OCCUPATIONAL HEALTH AND SAFETY. The Bidders warrants to the City that any work, goods, supplies, materials or equipment supplied pursuant to this bid shall conform in all respects to the standards set forth in the Occupational Safety and Page 5 of 7 I Formal Solicitations Terms and Conditions—Goods and Services(July 7,2022) DocuSign Envelope ID:072239EF-1.430-48F4-B341-6C0F25B80D22 ATTACHMENT C CONSULTANTS RESPONSE - PROPOSAL DocuSign Envelope ID:072239EF-1430-48F4-B341-6C0F25B80D22 DIVISION OF CORPORATIONS 4446. r sorg � Je cY RP'J:z-yrr,0.0s an£/fl t1!a?ate ski Ror /a websidu Department of State / Division of Corporations / Search Records / Search by Entity Name / Detail by Entity Name Florida Limited Liability Company SIROCCO MARINE LLC Filing Information Document Number L15000149641 FEI/EIN Number 47-5012411 Date Filed 09/01/2015 • State FL Status ACTIVE Principal Address 3277 SE 14th Avenue Fort Lauderdale, FL 33316 Changed: 01/03/2018 Mailing Address 3277 SE 14th Avenue Fort Lauderdale, FL 33316 Changed: 01/03/2018 Registered Agent Name&Address INCORP SERVICES, INC. 17888 67TH COURT NORTH LOXAHATCHEE, FL 33470 Authorized Person(s)Detail Name&Address Title MGR Tomkies, Boyd 3277 SE 14th Avenue Fort Lauderdale, FL 33316 Annual Reports Report Year Filed Date 2020 01/21/2020 2021 01/29/2021 71177 n1177/7n77 DocuSign Envelope ID:072239EF-1430-48F4-B341-6C0F25B80D22 • Document Images 01/27/2022--ANNUAL REPORT View image in PDF format 01/29/2021--ANNUAL REPORT View image in PDF format 01/21/2020--ANNUAL REPORT View image in PDF format 02/08/2019--ANNUAL REPORT View image in PDF format �I 01/03/2018—ANNUAL REPORT View image in PDF format 01/10/2017--ANNUAL REPORT View image in PDF format 06/23/2016--ANNUAL REPORT View image in PDF format r _ 09/01/2015—Florida Limited Liability.; View image in PDF format Florida Department of State,Division of Corporations DocuSign Envelope ID:072239EF-1430-48F4-B341-6C0F25B80D22 City of Miami Beach Bid 2022-397-DF APPENDIX B COST PROPOSAL FORM Failure to submit Appendix B, Cost Proposal Form,in its entirety by the deadline established for the recei•t of bids will result in bid submittal bein• deemed non-res•onsive 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 Cost Proposal Form (Appendix B) shall be completed in its entirety. All corrections on the Cost Proposal Form (Appendix B)shall be initialed. GROUP A:PURCHASE AND DELIVERY OF EQUIPMENT Estimated Percentage Item Description Amount* Discount 1 KAWASAKI-ATV $160,000 % 2 POLARIS-ATV $110,000 3 KUBOTA-ATV $30,000 4 YAMAHA-ATV $30,000 % 5 SUZUKI-AN $30,000 % 6 HONDA-AN $160,000 % 7 CANAM—AN $30,000 % 8 KAWASAKI-UN $250,000 9 POLARIS-UN $55,000 % 10 KUBOTA-UTV $30,000 11 YAMAHA-UN $30,000 % 12 SUZUKI-UN $30,000 % 13 CANAM-UN $30,000 % 14 HONDA—UN $30,000 % 15 JOHN DEERE—UN $115,000 A16 EZ-GO—GOLF CAR $40,000 % A17 POLARIS—GOLF CAR $15,000 A18 CLUB CAR—GOLF CAR $15,000 A19 YAMAHA—GOLF CAR $10,000 % A20 YAMAHA—PWC $25,000 A21 SEA D00—PWC $12,000 ;o A22 KAWASAKI—PWC $12,000 *These are annual estimated amounts. However, the City makes no guarantee of the volume of orders as a result of this ITB and reserves the right the City to increase or decrease these amounts, or place no orders, at its sole discretion. 9/19/2022 3:52 PM p.29 DocuSign Envelope ID:072239EF-1430-48F4-B341-6C0F25B80D22 City of Miami Beach Bid 2022-397-DF Estimated Percentage Item Description Amount* Discount A23 BOSTON WHALER—MOTORBOAT $130,000 % A24 SAFEBOAT—MOTORBOAT 6400,000 % A25 CONTENDER—MOTORBOAT $500,000 % A26 METALSHARK—MOTORBOAT $400,000 A27 SEAVEE-MOTORBOAT $300,000 A28 INTREPID-MOTORBOAT $300,000 A29 SEAHUNTER-MOTORBOAT 6300,000 A30 YELLOWFIN-MOTORBOAT $300,000 A31 FLUID-MOTORBOAT $175,000 5 % *These are annual estimated amounts. However,the City makes no guarantee of the volume of orders as a result of this ITB and reserves the right the City to increase or decrease these amounts, or place no orders, at its sole discretion. • 9/19/2022 3:52 PM p.30 DocuSign Envelope ID:072239EF-1430-48F4-B341-6C0F25B80D22 ads � - iRocco r W A T E R C R A F T MARINE Notice of Manufacturer& Dealership Authorization To Whom It May Concern, This letter serves to certify that Sirocco Marine LLC is an authorized manufacturer and dealer of Fluid Watercraft in the USA.All complete Fluid vessels are manufactured exclusively at Sirocco Marine in Fort Lauderdale. Thank you, ��� .CC p .,� co` ZED ' . Boyd Tomkies ,'/"111 i:\ CEO,Sirocco Marine LLC 3277 SE 14th Ave Fort Lauderdale, FL 33316 siroccomarine.com fluidboats.com DowSign Envelope ID:072239EF-1430-48F4-B341-6C0F25B80D22 TTAL QUESTIONNAIRE SECTION 1 ® BID CERTIFICATION FORM This document is a REQUIRED FORM that must be submitted fully completed and submitted. Solicitation No: Solicitation Title: BID NUMBER PROJECT TITLE BIDDER'S NAME:Sirocco Marine NO.OF YEARS IN BUSINESS:8 - NO.OF YEARS IN BUSINESS LOCALLY:8 - NO.OF EMPLOYEES:12 OTHER NAME(S)BIDDER HAS OPERATED UNDER IN THE LAST 10 YEARS: BIDDER PRIMARY ADDRESS(HEADQUARTERS):3277 SE 14th Avenue CITY:Fart Lauderdale STATE:FL ZIP CODE:33316 TELEPHONE NO.:(954)692-8333 TOLL FREE NO.: FAX NO.: BIDDER LOCAL ADDRESS:3277 SE 14th Avenue CITY:Fort Lauderdale STATE:FL ZIP CODE:33316 PRIMARY ACCOUNT REPRESENTATIVE FOR THIS ENGAGEMENT Alexis Postell ACCOUNT REP TELEPHONE NO.:(954)764-9561 ACCOUNT REP TOLL FREE NO.: ACCOUNT REP EMAIL:operationsIslroccomarine.eom FEDERAL TAX IDENTIFICATION NO.:16-8016826870-5 By virtue of submitting a bid, bidder agrees: a)to complete and unconditional acceptance of the terms and conditions of this document and the solicitation, including all addendums specifications, attachments, exhibits, appendices and any other document referenced in the solicitation 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) if 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 and Title of Bidder's Authorized Signature of Bidder's Authorized Representative: Representative: Alexis Postell, Operations Coordinator Alexis Postell ID:072239EF-1430-48F4-B341-6C0F25680D22 DocuSign Envelop0CL' I IL AN - Pi tor\I'IUVVLCv'C11IIENT 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 to Enter Initial to Enter Initial to Confirm Confirm Confirm Receipt Receipt Receipt AP 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. FIRST AND LAST NAME RELATIONSHIP 1 2 3 4 5 6 SECTION 4 FINANCIAL CAPACITY At time of request by the City, bidder shall request that Dun & Bradstreet submit its Supplier Qualifier Report directly to the City, with bid or within three (3) days of request. Bidder shall arrange for Dun & Bradstreet to submit a Supplier Qualification Report (SQR) directly to the City. No proposal will be considered without receipt (when requested), 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 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. DocuSign Envelope ID:07220=� 0 KAM 0 -s1rcrara0cmevk,ES AND PAST PERFORMANCE Project No. BID NUMBER Project Title PROJECT TITLE 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. Bidder may submit additional references as part of its bids submittal. Reference No.1 Firm Name: City of Aventura Police Department Contact Individual Name and Title: Troy Vezina, Lieutenant Address: 19200 W. Country Club Drive 1st Floor Aventura, FL 33180 Telephone: (786) 489-2161 Contact's Email: vezinat@aventurapolice.com Narrative on Scope of Services Provided: Delivered a Patrol 29 (Fluid 880) rigid-hulled inflatable boat in September 2019. Reference No.2 Firm Name: City of Hollywood Police Department Contact Individual Name and Title: Bryan Campbell, Sergeant Address: 2600 Hollywood Blvd. Hollywood,.FL 33020 Telephone: (954) 967-4577 Contact's Email: bcampbell@hollywoodfl.org Narrative on Scope of Services Provided: Delivered a Patrol 29 (Fluid 880) rigid-hulled inflatable boat in August 2021. DocuSign Envelope ID:072239EF-1430-48F4-B341-6C0F25B80D22 R�IcI�lI _ Firm Name: Town of Highland Beach Police Department Contact Individual Name and Title: Michael Oh, Major Address: 3614 South Ocean Blvd. Highland Beach, FL 33487 Telephone: (561) 266-5800 Contact's Email: jmoh@highlandbeach.us Narrative on Scope of Services Provided: Delivered a Patrol 29 (Fluid 880) rigid-hulled inflatable boat in February 2022. D22 DocuSign I r3 -1 F Envelope iuioouorti oluV, UCDHRMENT, 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? O YES p NO If answer to above is "YES," bidder shall submit a statement detailing the reasons that led to action(s): SECTION 7 - SMALL AND DISADVANTAGED BUSINESS CERTIFICATION Pursuant to Resolution 2020-31519, the City is tracking the Small and Disadvantaged Businesses, as certified by Miami-Dade County that have been certified as Small or Disadvantaged Business by Miami-Dade County. Does bidder possess Small or Disadvantaged Business certification by Miami-Dade County? p YES p NO SECTION 8 - LGBT BUSINESS ENTERPRISE CERTIFICATION Pursuant to Resolution 2020-31342, the City is tracking the utilization of LGBT owned firms that have been certified as an LGBT Business Enterprise by the National Gay and Lesbian Chamber of Commerce (NGLCC). Does bidder possess LGBT Business Enterprise Certification by the NGLCC? • p YES p NO SECTION 9 - 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. 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 and Title of Bidder's Authorized I Signature of Bidder's Authorized DocuSign Envelope ID:072239EF-1430-48F4-B341-6C0F25B80D22....... esentative: ...r.... .,....... ....r.. Alexis Postell, Operations Coordinator Alexis Postell SPnTanK _ C9 6-R0P*RI. ANC DE: MENT CERTVRCATII* DocuSign Envelope ID:072239EF-1430-48F4-6341-6C0F25680D22 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 and Title of Bidder's Authorized. Signature of Bidder's Authorized Representative: Representative: Alexis Postell, Operations Coordinator Alexis Postell DocuSign Envelope ID:072239EF-1430 48F4-6341-6��COFi568�0 V? O 9 B ® 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 https://library.municode.com/fl/miami_beach/codes/code_of_ordinances? nodeld=SPAGEOR CH2AD ARTVIISTCO DIV4PR S2-486COSI 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 . By virtue of submitting bid, bidder certifies that it is in compliance with the Cone of Silence Ordinance, pursuant to Section 2-486 of the City Code. SECTION 12 ® CODE OF BUSINESS ETHICS Pursuant to City Resolution No.2000-23789, the Bidder shall adopt a Code of Business Ethics prior to executing a contract with the City. The Code of Business Ethics shall be submitted to the Procurement Department with its response or within three (3) days of request by the City. 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 Code. In lieu of submitting Code of Business Ethics, bidder may indicate that it will adopt, as required in the ordinance, the City of Miami Beach Code of Ethics, available at http://www.miamibeachfl.gov/city-hall/procurement/procurement-related-ordinance-and-procedures/ Bidder will submit firm's Code of Business Ethics within three (3) days of request by the City? O YES 0 NO Bidder adopts the City of Miami Beach Code of Business Ethics? O YES 0 NO SECTION 13 ® LO LYIST REGISTRATION & CAHPAIGN CONTRI=UTION REQUIRE ,`]ENTS This solicitation is subject to, and all bidders are expected to be or become familiar with, all City lobbyist laws, including lobbyist registration requirements and prohibition on campaign contributions, including: • Lobbyist Registration Requirements sections 2-397 through 2-485.3 of City Code (https://library.municode.com/fl/miami_beach/codes/code_of_ordinances? nodeld=SPAGEOR_CH2AD_ARTVI ISTCO_DIV3LO) • Campaign Contribution Requirements sections 2-487 and 2-488 of City Code (https://library.municode.com/fl/miami_beach/codes/code_of_ordinances? nodeld=SPAGEOR_CH2AD_ARTVIISTCO DIV5CAFIRE) By virtue of submitting bid, bidder certifies or affirms that they have read and understand the above Lobbyist Registration & Campaign Contribution Requirements. D22 DocuSign Envelope ID:072239EF-1430-48F4- 1C,40 B R 6I i' ® NON-DISCRIMINATION The Non-Discrimination ordinance is available at: https://library.municode.com/fl/miami_beach/codes/code_of ordinances? nodeld=SPAGEOR_CH2AD_ARTVIPR_DIV3COPR_S2-375NSCCOREWA By virtue of submitting bid, bidder agrees it is and shall remain in full compliance with Section 2-375 of the City of Miami Beach City Code. SECTION 15 ® FAIR CHANCE REQUIREMENT The Fair Chance Ordinance No. 2016-4012 is available at: https://library.municode.com/fl/miami_beach/codes/code_of_ordinances? nodeld=SPAGEOR_CH62HURE_ARTVFACHOR By virtue of submitting bid, bidder certifies that it has adopted policies, practices and standards consistent with the City's Fair Chance Ordinance. Bidder agrees to provide the City with supporting documentation evidencing its compliance upon request. Bidder further agrees that any breach of the representations made herein shall constitute a material breach of contract, and shall entitle the City to the immediate termination for cause of the agreement, in addition to any damages that may be available at law and in equity. SECTION 16 m PU ;LIC ENTITY CRIMES Please refer to Section 287.133(2)(a), Florida Statutes, available at: https://www.flsenate.gov/Laws/Statutes/2012/287.133 By virtue of submitting bid, bidder agrees with the requirements of Section 287.133, Florida Statutes, and certifies it has not been placed on convicted vendor list. SECTION 17 ® VETE-AN BUSINESS ENTERP,';ISES P' EFERENCE Pursuant to City of Miami Beach Ordinance No. 2011- 3748, https://library.municode.com/fl/miami_beach/codes/code_of_ordinances? nodeld=SPAGEOR_CH2AD_ARTVIPR_DIV3COPR_S2-374PRPRPRVECOGOCOSE 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, RFP, RFQ, ITN 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. Is the bidder a service-disabled veteran business enterprise certified by the State of Florida? 0 YES p NO Is the bidder a service-disabled veteran business enterprise certified by the United States Federal Government? 0 YES Q NO DocuSign Envelope 0CA. ILSF I o-48F�4 UM6CLOF256cnic . r'1 IS 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? O YES O 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 O 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 X Sick Leave X Family Medical Leave X Bereavement Leave X 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 his designee. Approval is not guaranteed and the City Manager's decision is final. Further information on the Equal Benefits requirement is available at http://www.miamibeachfl.gov/city_ hall/procu rement/procurement-related-ord i nance-and-procedures/ DocuSign Envelope ID:072239EF-1430-48F4-B341-6C0F25B80D22 ATTACHMENT D INSURANCE REQUIREMENTS DocuSign Envelope ID:072239EF-1430-48F4-B341-6C0F25B80D22 MIAMI BEACH TYPE 2 - GOODS, SERVICES & MAINTENANCE INSURANCE REQUIREMENTS 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. 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. 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 DocuSign Envelope ID:072239EF-1430-48F4-B341-6C0F25B80D22 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(a..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. DocuSign Envelope ID:072239EF-1430-48F4-B341-6C0F25B80D22 • DocuSign Envelope ID:AB11D5E7-38C3-40F3-902F-07BFC9D3D281 • NI RANI I EAR H � actJ �N oIi a r;, ' �A 1,Eg ` NsI .t4.4. ROMNITM A _ add . . MOW 22-397-01,22-397-03,22-397- PURCHASE AND DELIVERY OF SPECIALTY VEHICLES 04,22-397-0S • Vl' Y1',1`4. .s.-. , M ;5 -'+ fi'rtl'i .€ :Mi M:, 4=1 1 1`' M, . ,.,.. r+. Advantage Golf Cars SEFL,LLC.;Four Mile Road LLC.;Jeffrey-Allen, • FACILITIES AND FLEET MANAGEMENT Inc.;Sirocco Marine LLC. �y. DocuSigned by: a41:gs3,000-_•° :I g. it r a- � �. # !}• ` :'&$iSfL?5 :;'' z�• " Adrian Morales\ Eric Carpenter 5icaszr72loaltr... X Type 1-Contract,amendment,change order or task order resulting from a procurement-Issued competitive solicitation. Type 2-Other contract,amendment,change order or task order not resulting from a procurement-issued competitive solicitation. Type 3-Independent Contractor Agreement(ICA) Type 6-Tenant Agreement Type 4-Grant agreements with the City as the recipient Type 7-Inter-governmental agency agreement Type 5-Grant agreements with the City as the grantor Other: On November 16,2022,the Mayor and City Commission approved the award of contracts pursuant to ITB-2022-397-DF-for the Purchase and Delivery of Specialty Vehicles to primary and secondary vendors as set forth on page 2 below.The Contract for Contender Boats,Inc.,needed to be expedited and was executed by the City Manager on February 9,2023.The remaining contracts for Advantage Golf Cars SEFL,LLC.,Four Mlle Road LLC.,Jeffrey-Allen,Inc.,and Sirocco Marine LLC.have been form approved by the City Attorney's Office and executed by the Contractors. Therefore,pursuant to the authority in the City Commission item C2C,which approved the award and further delegated the authority to the Manager to execute the contracts,this item seeks the City Manager's signature to finalize the contract execution.n pup f s -t k SMVA.'a',.x V..d 7 a c�,. +ft ^5�'.c :. r :R bf"0!;;.., G Q.RF:Ita4+::Jitu:r:S ,: 3`s'f m' Two(2)years Three(3),one(1)year Five(5)years eV-; -; .ri- : •„, 1 #r r f g sleT ) ,E A 441:a -;; 7;.:'�3r+r f" Grant Funded: I Yes X No r I State I Federal Other: I N/A " r r ``F if 3 gAT �`t'a, r Mr 6 ^2tC-.�- vi *+��Y�� F+�AAio�7..`��;:�."a}y� '+,u�uy� . ,H�tJ��e'e�``1�.���� � 'f� � �...,..�K �„.�{ t,t a. s a&xti, .Atri��554om 7*� me �.3. Xrimw, +'• i�r ti6*'a ��. �".f I '�'R4�i� r-1#1�;��5'k� ,„ PURCHASES PURSUANT TO THE AWARD OF THE ITB SHALL BE SUBJECT TO FUNDS AVAILABILITY APPROVED THROUGH THE CITYS'BUDGETING PROCESS.FUONS WILL BE IDENTIFIED BY EACH • DEPARTMENT WITH EACH REQUISITION. 1.For contracts longer than five years,contact the Procurement Department. 2.Attach any supporting explanation needed.3.Budget approval indicates approval for current fiscal year only.Future years are subject to City Commission approval of annual adopted operating budget. t ti'"�;«» x p,�-.+.: ',�n?- 414 ^tONt JG�.�w.Z nW44 City Commission Approved: X 1 Yes I No Resolution No.: CC Agenda Item No.:. CC Meeting Date: N/A C2C 11-16-2022 If no,explain why CC approval is not required: Legal Form Approved: X Yes No If no,explain below why form approval is,not necessary: y ��y�'* K+• t$e1$ .R .'fJ S .• .a.'y,. 'YR.nL+ t S L'+N',�,a i.l ir3"��+�P=='�'t?�L ��,�� ���%:���hi�ise�Wlgr�.��s',"ldt' � .i•,:4'b •a* wash�.ai57c�.�r":�#Y ���+.--_.>��k'ra'��t.. � t Procurement: 7Rt e/nth Docusignea Grants: N/A Budget: 'Tar`gkgarditnte4L tka, on i r hnology: N/A -'JZUH4AblULt 154 Risk Management: N/A eet&Facilities: N/A r—DocuSigned by: DocuSigned by: Human Resources: N/A Other: Kristy Bade &Ai4,i ei4, Maria Estevez p�Q �a "t' = h ,,,.•�.--.'whi .,^ r;•,IG„r"Y�*spa" h'% ."'. 1 :"' '• ``n4p 'iC'.a 0 '�S.!r 8 4 ' "�£I Ut�,1�,�',xi�:r.»k'$72.., ,�'s�� F.vi}e)'tl '�.{L�ik.:Cia. DocuSign Envelope ID:072239EF-1430-48F4-B341-6C0F251380D22 DocuSign Envelope ID:AB11D5E7-38C3-40F3-902F-07BFC9D3D281 Attachment A ITB 2022-397-DF Tabulation Line Item Description Advantage Golf Cars Contender Boats Four Mile Road -Jeffrey Allen Sirroco Marine 15 JOHNDEERE-UTV 13% A16 EZ-GO-GOLF CAR 5% A18 CLUB CAR-GOLF CAR 0% 10% A19 YAMAHA-GOLF CAR 3% A75 CONTENDER-MOTORBOAT 30% A31 FLUID-MOTORBOAT 5% Primary Vendors: John Deere-Four Mlle Road Ez-Go-Advantage Golf Club Car-Jeffrey Allen Yamaha-Advantage Golf • Contender-Contender Boats Fluid-Sirocco Marine Secondary Vendor: Club Car-Advantage Golf