16To:
Via:
From:
DATE:
SUBJECT:
BACKGROUND:
VENDORS &
BID AMOUNT
EXPENSE:
FUND&
ACCOUNT:
ATTACHMENTS:
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER-OFFICE MEMORANDUM
The Honorable Mayor & Members of the City Commission
Steven Alexander, City Manager
2001
Quentin Pough, Acting Director
Parks and Recreation Department
May 5,2014 Agenda Item No.:ih
A Resolution authorizing the City Manager to enter into a contract with
Commercial Energy Specialists, Inc. for Pool Chemicals, Liquid Chlorine and
Storage Tank Rental.
After completing a competitive bidding process, the City of Miami awarded a
contract to Commercial Energy Specialist, Inc. (CES) pursuant to bid
IFB#260254( 16) for Pool Chemical, Liquid Chlorine & Storage Tank Rental. The
contract period is from June 6, 20 II through June 5, 2013 with four (4)
additional one-year periods. This bid is still active and was renewed for a second
year on May 15, 2013.
The City of South Miami has reviewed and wishes to piggyback from the
contract between the City of Miami and the Contractor under the same terms
and conditions set forth in solicitation for bid IFB#260254( 16).
Please find below a breakdown of all submitted proposals
VENDORS BID AMOUNT
COMMERCIAL ENERGY SPECIALISTS, INC. N/A
$0.00
The expenditure shall be charged to Community Pool Contractual Services
account number 001-2030-572-3450, which has a balance of $8,244.00 before
this request was made.
Resolution for approval
Contract Award Sheet
City of Miami Bid No. 260254( 16)
Tabulation of Bids
I st and 2nd Contract Renewal
Contract Award Sheet (City of South Miami & Contractor sample)
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RESOLUTION NO.: ________ _
A Resolution authorizing the City Manager to enter into a contract with Commercial
Energy Specialists, Inc. for Pool Chemicals, Liquid Chlorine and Storage Tank Rental.
WHEREAS, the City of South Miami desires to enter into a contract for Pool Chemical, Liquid Chlorine
& Storage Tank Rental; and,
WHEREAS, the City wishes to utilize the City of Miami contract for Pool Chemicals, Liquid Chlorine
and Storage Tank Rental between the Commercial Energy Specialists, Inc. and the City of Miami under the same
terms and conditions as set forth in bid IFB#260254( 16); and,
WHEREAS, the City has reviewed solicitation for bid# IFB#260254( 16) and agrees to the terms and
conditions and further agrees to the fair and reasonableness of the pricing set forth in Commercial Energy
Specialists, Inc.'s response to the solicitation; and,
WHEREAS, Commercial Energy Specialists, Inc. has agreed to provide such services under the same
price(s), terms and conditions as stipulated in bid IFB#260254( 16); and,
WHEREAS, representatives from the City and Commercial Energy Specialists, Inc. have agreed on all
the terms and conditions that are mentioned above.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF SOUTH MIAMI, FLORIDA THAT:
Section I. The City Manager is authorized to enter into a contract with Commercial Energy Specialists,
Inc. for Pool Chemicals, Liquid Chlorine and Storage Tank Rental under the same terms and conditions set forth in
solicitation for bid# IFB#260254( 16) between Commercial Energy Specialists, Inc. and the City of Miami. A copy
of the piggyback contract is attached.
Section 2. Severability. If any section clause, sentence, or phrase of this resolution is for any reason
held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect the validity of the
remaining portions of this resolution.
Section 3. Effective Date. This resolution shall become effective immediately upon adoption by vote
of the City Commission.
PASSED AND ADOPTED this __ day of ______ " 2014.
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM,
LANGUAGE, LEGALITY AND
EXECUTION THEREOF
CITY ATTORNEY
APPROVED:
MAYOR
COMMISSION VOTE:
Mayor Stoddard:
Vice Mayor Harris:
Commissioner Edmond:
Commissioner Liebman:
Commissioner Welsh:
10·
FHOM:
ALL DEPARTMENT DIRECTORS
and CONTRACT LIAISONS
Kenneth Robertson, Director
Purchasing Department
SU8JECT:
flCrERl::NCES ;
ENCLOSUHES:
June 15,2011 ('11.£:
Pool Chemicals, Liquid Chlorine &
Storage Tank Rental
Bid No. 260254(16)
Please find enclosed a copy of the recently approved term contract for Pool Chemicals, Liquid
Chlorine & Storage Tank Rental. This contract has been established for the department of Parks
and Recreations. Unless a specific item is not listed, using department in need of these goods or
services is required to utilize this contract.
Using department is urged to carefully review the contract in detail to become familiar with its
prices, terms and conditions, and items awarded. If any department is unable to locate a
particular item on the contract, please contact the appropriate Buyer for assistance. No other
goods or services can be purchased under this agreement except those specified in the contract.
When requesting this commodity or service, the Bid No., Resolution No. and the
corresponding catalog item numbers must be cited in the requisition.
Should any using department experience any difficulties with the contractor, please document the
matter and immediately advise Maritza Suarez, Procurement Supervisor, at (305) 416-1907 for
assistance.
f tUtut
N T R T AWAR
BID NO.: 260254(16)
DESCRIPTION: POOL CHEMICALS, LIQUID CHLORINE & STORAGE TANK
RENTAL
CONTRACT PERIOD: JUNE 6, 2011 THROUGH JUNE 5, 2012
TERM OF CONTRACT: ONE (1) YEAR W/OTR FOR FOUR (4) ADDITIONAL ONE-
YEAR PERIODS
COMMODITY CODE: 988
ISECTION #1 -VENDOR AWARD
Commercial Energy Specialists, Inc. Pro Star Pool Supplies
(Group 1) (Group 2)
860 Jupiter Park Dr. PO Box 970041
Jupiter, FL 33458 Coconut Creek, FL 33097
Contact: Alvaro Mendoza Contact: Dennis Miller
Phone: (800) 940-1557 Phone: (561) 488~7023
Fax: (561)746-5898 Fax: (561)482-0791
Email: amendoza@ceswaterquality.com Email: dmm-23@comcast.net
varruza@cesmail.org info@prostarpoolsupplies.com
ISECTION #2 -AWARD/BACKGROUND INFORMATION/APPLICABLE ORDINANCES/NOTES
C.C. AWARD DATE: MAY 26, 2011
RESOLUTION NO: 11-0217
ANNUAL CONTRACT AMOUNT: N/A
Note: Funds allocated from the various sources
of funds from the user departments and agencies,
subject to availability of funds and budgetary
approval at the time of need.
ISECTION #3 -REQUESTING DEPARTMENT
CITY DEPARTMENTS
Contract Administrator:
Phone: (305) 416-1733
Fax: (305)416-1710
ISECTION #4 -PROCURING AGENCY
CITY OF MIAMI, PURCHASING DEPARTMENT
Buyer: Maritza Suarez
Phone: (305) 416-1907
Fax: (305) 416-1925
Prepared By: Aimee Gandariiia, 6/6/11
AMENDED AMOUNT: N/A
INSURANCE REQUIREMENTS: N/A
PERFORMANCE BOND: N/A
APPLICABLE ORDINANCES: N/A
A CONTRACT AWARD SHEET INSTRUCTIONAL GUIDE TO ASSIST YOU WITH THE INFORMATION
CONTAINED HEREIN IS AVAILABLE IN THE ISUPPLIER INFORMATION SECTION OF OUR WEBPAGE AT:
www.miamigov.com/procurement
TABULATION OF BIDS
I ,
IFB NO. 260254 -SWIMMING POOL CHEMICALS AND SUPPLIES AND BULK LIQUID CHLORINE AND STORAGE TANK RENTAL
I :
Item: Description:
# 1 Group 1: Swimming Pool Che~icals
I
Calcium Hypoclorite Pulsar Br)cquettes. Packaged 50 lb.
# 1.1 pails, No substitution,
...----...
~_/ Calcium Hypoclorite Dry Gran~lar 70% available C12.
# 1.2 Packaged 100 lb. drums. No ~ubstitution,
# 1.3 Muriataic acid 20 Baume PacKaged 4 (gal. jugs),
I
!
# 1.4 Diatomaceus Earth Filter Pow~er Packaged 50 lb. bag.
I
I
# 1.5 Sodium Bicarbonate Packaged 100 lb. bag. . !
# 1.6 Calcium Chloride Packaged i 00 Ib, bag.
j (-",! Trichloro-s Trazinetrione Pac~aged 40 Ib, or 50 lb. pail.
5: ....... _/ I
# 1.8 Cyanuric Acid or pool stabiliz~r Packaged 100 lb. drum.
\ '
# 1.9 D-Clor Packaged in 25 Ib, pail~
TOTAL FOR GROUP 1:
Prepared by: Maritza Suarez, 2/28/2011
~( Commercial. Energy Specialists, Inc. it Leslie's Poolmart, In~. ti
~ 860 Jupiter Park Dr.; Suite 2 ~3925 E. Broadway Rd., #.100 ~
Pro Star Pool Supplies
P.O. Box 970041
:~.
~ Jupiter, FL 33458 ~ Phoenix, AZ. 85040 ~ Coconut Creek, FL 33097
<o~ ~.. ~ ~ ~
~~:
1,
..... :
~ Est. Annual ~ ~ Unit ~xtended ~ Extended 1
il! Quantitv: ~_UO_M_: ~ _Pr_ic_e: Amount: ~ Unit Price Amount: r.i'.!:::U~ni~t !.,;Pr~ic~e i Extended
Amount:
~I :.,
% ?:
" ~ f
~ $
" ~ $99.71 is the cost if 12 or more pails
~ are ordered. If 1-11 pails are ordered
99,71 Ipail $ 41,878.20 H 420
~l the cost is $105.59 per pail.
;1;
~ 8 JDr~m ~I $ 171.60 Idrum $ 1,372.80 Ii
;'1 ~: c': ~ 522 ~case ~ $ 14.59 Icase $ 7,615,9811
~] ~ ~ If 25 cases at a time is putchased,
:/.;< :rr,,:Jj:
t>i ~l ~l shipping is waived, .;.'i, ~e 'f:: ~~ 128 ~Bag~; $ .29.57 Ibag $ 3,784,96 ~ ~i i ~ 124 ~\Bag ~ $ 39,28 Ibag $ 4,870.72 ~~ :i~ lji, ~ t¥J ~ Quote Price is $19,64 for a 50 Ib, bag.
~ a ~ ~~ ~ ~ ($19.64X2=$39,28)
91 167 ~Bag 1~$ 49.46 !bag $ 8,259.82 ¥~ ~ ~ , ~ ~~ ~ Quote Price is $24.73 for a 50 lb. bag. '
~ ~ ~); ($24.73X2=$49.46)
,;< ~J.!.f ~~ 25 ~~Pail f~ $ 150.15 Ipail $ 3,753.75
~~ ; ~
~ 52 I;~ Drum ~ $ 193.05 Idrum $.10,038,60
~& ~l ~ Quote Price is $106,18 for a 55 Ib, bag.
~ ~~ ~ ($1.93/Ib X 100=$193.05)
~:J 50 ~ Pail ~ $ 33.88 Ipail $ 1,694.00
I I ~ . fil li~i NI $ 83,268.83 ~ I I
Page 1 of2
N
o
N
R
E
S
p
o
N
S
I
V
E
*
l~;
:,;
~~
i~
~
.~;
~
i: t ....
i9
124/pail
i
$ 52,080.00 i!
l\i
r;t t;
~
~ ~ ~ 135/drum $ 1,080.00 ~~ o ~ ~ 14.12/case $ 7,370.64~1
~Quote Price is $3.53 for a one ~
~)gallon jug. ($3.53X4=$14.12) ~~
~ 28.5 {bag $ 3,648.00 ~
! fu ~ 38.7 Ibag $ 4,798,80 ~
~Quote Price is $19.35 for a 50 lb. ~
~bag. ($19.35X2=$38.70) fl
t~ 49.3 /bag $ 8,233,10 is
I f ~Quote Price is $24.65 for a 50 lb. ;1:
f~bag. ($24.65X2=$49.30) :~
§ 135/pail $ 3,375,00 i~ . ~
~ 106/drum $ 5,512.00 ~
I I ~ 42 Ipail $ 2,100.00 t~
!):sodium thiosulfate 25# it
~ ~
2:
f~
it:
;;,::
~~
;.,
~::
$
::;
88,197.54 ~
~<':
~!~
~J.
Approva:l: ...,,, ~ -, v.;/';V/
~I j .,--1 ~
i TABULATION OF BIDS
IFB NO. Z60254 -SWIMMING POOL CHEMICALS AND SUPPLIES AND BULK L!IQUID CHLORINE AND STORAGg TANK RENTAL
iii Commercial Energy Specialists, Inc. Leslie's Pool mart, Inc. ~
~~ 860 Jupiter. Park Dr.,: Suite 2 3925 E. Broadway Rd., #1 00 ~::
~ Jupiter, FL 33458 Phoenix, AZ 85040 ii;
~ s
"" ~ ~H. !~ ~~ Est. Annual ii; ~~ Unit Extended %
Pro Star Pool Supplies
P,O. Box 970041
Coconut Creek, FL 33097
Item: Description: ~ Quantity: tlluOM: ~~ Price: Amount: t Unit Price
Extended
Amount:
~ ~Unit Price
Extended
Amount:
~~
~.{
~~
!. ~ i ~ ~ very of Bulk Liquid Chlorine and Storage Tank :IT~ ;~ ~l ~ I-l
~ ~
t~ ~ ~ ~ 1.299 Igallon $ 155,880.00 ~ : ~ 1 ~:;:~'l' of bu~ liquid chlortnelto storage tank I 120000 I GailOnl $ t33 Igallon $ 159,600.00 I I ~ I
i1\ i(~ §; Quote Pnce Includes tank rental. , ! N I
.....--.... ~ ~ ~ Cost of rental is included in delivery of t I -(,~h Storage tank rental 1500 gallor capacity. Rental of 3 tanks. ~~ 12 ~ Month I bulk chlorine cost. ~ I R
# 2,3 Storage tank rental 600 gallonl capacity. Rental of 1 tank.
I
TOTAL FOR GROUP 2:
()
=':-'--... "
~ \~ El i I ~ ~~ ~ i Cost of rental is included in delivery of ~ . II p
~1 12 ~i Month i1f, bulk chlorine cost. ;: 0
I I I . I I~
$ 159,600.00 I I
j
I v i I E I L:J
*Non-responsive for Groups
1 & 2 for failing to bid on all
items within the group.
150/mo $ 1,800.00
Quote price is $50 per month per
tank
36/mo $ 432.00 I~
$ 158,112.00
Prepared by: Maritza Suarez, 2l2S/2011
Approval: ~.~! '"'t· /./::.,rez...r--:;::""
Page 2 of2
City of Miami
Number:
Title:
Issue Date/Time:
Closing Date/Time:
Pre-Bid Conference:
Pre-Bid Date/Time:
Pre-Bid Location:
Deadline'for Request for Clarification:
Buyer.:
Hard Copy Submittal Location:
Buyer E-Mail Address:
Buyer Facsimile:
Purchasing Department
Miami Riverside Center
444 SW 2nd Avenue, 6th Floor
Miami, Florida 33130
Web Site Address: http://cLmiamLfI.us/procurement
.260254
Invitationfor Bids for Pool Chemicals,
Liquid Chlorine & Storage Tank Rental
14-JAN":2011
02/0112011 @ 10:00:00
None
Monday, January .24,2011 at 5:00 p.m.
Suarez, Maritza
City of Miami -City Clerk
3500 Pan American Drive
Miami FL 33133 US
msuarez@ci.miami.f1.us
(305) 400-5025
Page 1 of37
(j
Certification Statement
(~~
'; )
Please quote on this form, if applicable, net prices for the item(s) listed; Return signed original and
retain a copy for your files. Prices should include all costs, including transportation to destination. The
City reserves the right to accept or reject all or any part of this submission. Prices should be firm for a
minimum of 120 days following the time set for closing of the submissions.
In the event of en-ors in extension of totals, the unit prices shall govem in determining the quoted
prices.
We (1) certify that we have read your solicitation, completed the necessary documents, and propose to
furnish and deliver, F.O.B. DESTINATION, the items or services specified herein.
The undersigned hereby certifies that neither the contractual party nor any of its principal owners or
personnel have been convicted of any of the violations, or debarred or suspended as set in section
18-107 or Ordinance No. 12271.
All exceptions to this submission have been documented in the section below (refer to paragraph and
section).
EXCEPTIONS:
We (1) certify that any and all information contained in this submission is true; and we (1) further certify
that this submission is made without prior understanding, agreement, or connection with any
corporation, fIrm, or person submitting a submission for the same materials, supplies, equipment, or
service, and is in all respects fair and without collusion or fraud. We (1) agree to abide by all terms and
conditions of this solicitation and certify that I am authorized to sign this submission for the submitter.
Please print the following and sign your name:
SUPPLffiRNAME: ______________________________________ ___
ADDRESS: ____________________________________________ ___
PHONE: ___________________ FAX: _________________ ~
ENUUL: _____________________ BEEPER: __________________ _
SIGNEDBY: __________________________________________ __
TITLE: __________________ DATE: _________________ _
FAILURE TO COMPLETE. SIGN, AND RETURN TillS FORM SHALL DISQUALIFY TIDS BID.
Page 2 of37
o
Certifications
Legal Name of Firm:
Entity Type: Partnership, Sole Proprietorship, Corporation, etc.
Year Established:
Office Location: City of Miami, Miami-Dade County, or Other
Occupational License Number:
Occupational License Issuing Agency:
Occupational License Expiration Date:
Respondent certifies that (s) he has read and understood the provisions of City of Miami Ordinance No.
10032 (Section 18-105 of the City Code) pertaining to the implementation ofa "First Source Hiring
Agreement.": (Yes or No)
Do you expect to create new positions in your company in the event your company was awarded a
Contract by the City? (Yes or No)
In the event your answer to question above is yes, how many new positions would you create to
perform this work?
Please list the title, rate of pay, summary of duties, number of positions, and expected length or duration
of all new positions which might be created as a result of this award of a Contract.
Will Subcontractor(s) be used? (Yes or No)
Page 3 of37
(;
If subcontractor(s) will be utilized, provide their name, address and the the pOliion of the work they will
be responsible for under this contract (a copy of their licensee s) must be submitted with your bid
response): .
Please list and ac1mowledge all addendum/addenda received. List the addendum/addenda number and
date ofreceipt (i.e. Addendum No.1, 7/1/07). Ifno addendum/addenda was/were issued, please insert
NlA.
Reference No.1: Name of Companyl Agency for which bidder is cIDTently providing the services/goods
as described in this solicitation, or has provided such services/goods in the past:
Reference No.1: Address, City, State, and Zip for above reference company/agency listed:
Reference No.1: Name of Contact Person and Telephone Number for above reference no. 1
Reference No.1: Date of Contract or Sale for above reference no. 1
Reference No.2: Name of Com panyl Agency for which bidder is currently providing the services/goods
as described in this solicitation, or has provided such services/goods in the past:
Reference No.2: Address, City, State, and Zip for above reference company/agency listed:
Reference No.2: Name of Contact Person and Telephone Number for above reference no. 2
Reference No.2: Date of Contract or Sale for above reference no. 2
Reference No.3: Name of Company/Agency for which bidder is cUl'Tently providing the services/goods
as described in this solicitation, or has provided such services/goods in the past:
Reference No.3: Address, City, State, and Zip for above reference company/agency listed:
Page 4 of37
Reference No.3: Name of Contact Person and Telephone Number for above reference no. 3
Reference No.3: Date of Contract or Sale for above reference no. 3
Page 5 of37
Line: 1
Description: Group 1: Swimming Pool Chemicals
Line: 1.1
Description: Calcium Hypoclorite Pulsar Bricquettes. Packaged 50 lb. pails. No substitution. Price
submitted is per Pail
Category: 88540-30
Unit of Measure: Each
Unit Price: $ ----
Line: 1.2
Nmnber of Units: 420 Total: $ ____ _
Description: Calcium Hypoclorite Dry Granular 70% available C12. Packaged 100 lb. drums. No
substitution. Price submitted is per Drum
Category: 88540-30
Unit of Measure: .Each
Unit Price: $ ----
Line: 1.3
Nmnber of Units: 8 Total: $ ____ _
Description: Muriataic acid 20 Baume Packaged 4 (gal. jugs). Price submitted is per Case
Category: 88540-30
Unit of Measure: Each
Unit Price: $ ----
Line: 1.4
Number of Units: 522 Total: $ ____ _
Description: Diatomaceus Earth Filter Powder Packaged 50 lb. bag. Price submitted is per Bag
Category: 88540-30
Unit of Measure: Each
Unit Price: $ ___ _ Number of Units: 128 Total: $ ____ _
Page 6 of37
Line: 1.5
Description: Sodium Bicarbonate Packaged 100 lb. bag. Price submitted is per Bag
Category: 88540-30
Unit of Measure: Each
Unit Price: $, ___ _
Line: 1.6
Number of Units: 124 Total: $, ____ _
Description: Calcium Chloride Packaged 100 lb. bag. Price submitted is per Bag
Category: 88540-30
Unit of Measure: Each
Unit Price: $, ___ _
Line: 1:7
Number of Units: 167 Total: $. ____ _
Description: Trichloro-s Trazinetrione Packaged 40 lb. or 50 lb. pail. Price submitted is per Pail
Category: 88540-30
Unit of Measure: Each
Unit Price: $, ___ _
Line: 1.8
Number of Units: 25 Total: $, ____ _
Description: Cyanuric Acid or pool stabilizer Packaged 100 lb. drum. Price submitted is per
Drum
Category: 88540-30
Unit of Measure: Each
Unit Price: $, ___ _ Number of Units: 52 Total: $, ____ _
Page 7 of37
()
\ .. ,/
Line: 1.9
Description: D-CIor Packaged in 25 lb. pail. Price submitted is per Pail
Category: 88540-30
Unit of Measure: Each
Unit Price: $ ___ _
Line: 2
Number of Units: 50 Total: $, ____ _
Description: Group 2: Delivery of Bulk Liquid Chlorine and Storage Tank Rental
Line: 2.1
Description: Delivery of bulk liquid chlorine to storage tank
Category: 88540-30
Unit of Measure: Gallon
Unit Price: $ ___ _
Line: 2.2
Number of Units: 120,000 Total: $, ____ _
Description: Storage tank rental 1500 gallon capacity. Rental of 3 tanks.
Category: 88540-30
Unit of Measure: Month
Unit Price: $. ___ _
Line: 2.3
Number of Units: 12 Total: $ ____ _
Description: Storage tank rental 600 gallon capacity. Rental of 1 tank.
Category: 88540-30
Unit of Measure: Month
Unit Price: $, ___ _ Number of Units: 12 Total: $. ____ _
Page 8 of37
o
Page 9 of37
260254
Table of Contents
Tenns and Conditions ..................................................................................................................................... 11
1. General Conditions ........................................................................................................................... .11
1.1. GENERAL TERMS AND CONDITIONS ............................................................................. 11
2. Special Conditions ............................................................................................................................ 28
2.1. PURPOSE ............................................................................................................................... 28
2.2. DEADLINE FOR RECEIPT OF REQUEST FOR ADDITIONAL
INFORMATION/CLARIFICATION ........................................................................................... 28
2.3. TERM OF CONTRACT ........................................................................................................ 28
2.4. CONDITIONS FOR RENEWAL .......................................................................................... 28
2.5. ESCALATION CLAUSE ...................................................................................................... 28
2.6. EQUITABLE ADJUSTJlAENT ............................................................................................... 28
2.7. NON-APPROPRIATION OF FUNDS .................................................................................. 29
2.8. METHOD OF AWARD ......................................................................................................... 29
2.9. BIDDERS MINIMUM QUALIFICATIONS ......................................................................... 29
2.10. DELNERY .......................................................................................................................... 29
2.11. FAILURE TO PERFORM ................................................................................................... 31
2.12. EQUAL PRODUCT ............................................................................................................ .31
2.13. INSURANCE REQUIREMENTS ....................................................................................... 31
2.14. METHOD OF PAY1vIENT .................................................................................................. .32
2.15. PACKING SLIPIDELNERY TICKET TO ACCOMPANY ITEMS DURING
DELIVERY ................................................................................................................................... 32·
2.16. ADDITIONSIDELETIONS OF FACILITIES/ITEMS/PRODUCTS ................................. .32
2.17. PRE-BIDIPRE-PROPOSAL CONFERENCE ...................................................................... 33
2.18. CONTRACT ADMINISTRATOR ...................................................................................... .33
2.19. TIE BIDS .............................................................................................................................. 33
2.20. LIQUIDATED DAMAGES ................................................................................................. 33
2.21. USE OF PREMISES ............................................................................................................ 33
2.22. DAMAGES TO PUBLICIPRIV ATE PROPERTY ............................................................. 34
2.23. NO SUBSTITUTION ........................................................................................................... 34
2.24. PRODUCT/CATALOG INFORMATION .......................................................................... 34
2.25. PRODUCT SUBSTITUTES ................................................................................................ 34
2.26. REFERENCES ..................................................................................................................... 34
2.27. SUBCONTRAGTORSOF WORK SHALL BE IDENTIFIED ........................................... 34
2.28. CONTRACTOR TO BE REPRESENTED .......................................................................... 35
2.29. SPECIFICATION EXCEPTIONS ....................................................................................... 35
2.30. PUBLIC CONVENIENCE AND SAFETY ......................................................................... 35
2.31. SAFETY MEASURES ......................................................................................................... 35
2.32. TERMINATION .................................................................................................................. 35
2.33. ADDITIONAL TERMS AND CONDITIONS .................................................................... 36
2.34. PRIMARY CLIENT (FIRST PRIORITy) ........................................................................... 36
3. Specifications .................................................................................................................................... 37
3.1. SPECIFICATIONS/SCOPE OF WORK ............................................................................... .37
Page 10 of37
(I
\-.......
Terms and Conditions
1. General Conditions
1.1. GENERAL TERMS AND CONDITIONS
r"\ .I
Intent: The General Tenns and Conditions described herein apply to the acquisition of
goods/equipment/services with an estimated aggregate cost of $25,000.00 or more.
260254
Definition: A fonnal solicitation is defined as issuance of an Invitation for Bids, Request for Proposals,
Request for Qualifications, or Request for Letters of Interest pursuant to the City of
Miami Procurement Code and/or Florida Law, as amended. Fonnal Solicitation and Solicitation shall be
defined in the same manner herein.
1.1. ACCEPTANCE OF GOODS OR EQUIPMENT -Any good(s) Or equipment delivered under this
fonnal solicitation, if applicable, shall remain the property of the seller until a physical inspection and
actual usage of the good is made, and thereafter is accepted as satisfactory to the City. It must comply with
the tenns herein and be fully in accordance with specifications and of the highest quality. In the event the
goods/equipment supplied to the City are found to be defective or does not confornl to specifications, the
City reserves the right to cancel the order upon written notice to the Contractor and return the product to the
Contractor at the Contractor's expense.
1.2. ACCEPTANCE OF OFFER -The signed or electronic submission of your solicitation response shall
be considered an offer on the part of the bidder/proposer; such offer shall be deemed accepted upon
issuance by the City of a purchase order.
1.3. ACCEPTANCE/REJECTION -The City reserves the right to accept or reject any or all responses or
parts of after opening/closing date and request re-issuance on the goods/services described in the fonnal
solicitation. In the event of such rejection, the Director of Purchasing shall notify all affected
bidders/proposers and make available a written explanation for the rejection. The City also reserves the
right to reject the response of any bidder/proposer who has previously failed to properly perfonn under the
tenns and conditions of a contract, to deliver on time contracts of a similar nature, and who is not in a
position to perfonn the requirements defined in this fonnal solicitation. The City further reserves the right
to waive any irregularities or minor infonnalities or technicalities in any or all responses and may, at its
discretion, re-issue this fonnal solicitation.
1.4. ADDENDA -It is the bidder's/proposer's responsibility to ensure receipt of all Addenda. Addenda ate
available at the City's website at: http://www.ci.miami.fl.us/procurement
15. ALTERNATE RESPONSES MAY BE CONSIDERED -The City may consider one (1) alternate
response from the same BidderlProposer for the same fonnal solicitation; provide.d, that the alternate
response offers a different product that meets or exceeds the fonnal solicitation requirements. In order for
the City to consider an alternate response, the BidderlProposer shall complete a separate Price Sheet fonn
and shall mark "Alternate Response". Alternate response shall be placed in the same response. This
provision only applies to fOlmal solicitations for the procurement of goods, services, items, equipment,
materials, andlor supplies.
1.6. ASSIGNMENT -Contractor agrees not to subcontract, assign, transfer, convey, sublet, or otherwise
dispose ofthe resulting Contract, or any or all of its right, title or interest herein, without City of Miarni's
prior written consent.
1.7. ATTORNEY'S FEES-In connection with any litigation, mediation and arbitration arising but Mthis
Contract, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees through
and including appellate litigation and any post-judgment proceedings.
1.8. AUDIT RIGHTS AND RECORDS RETENTION -The Successful BidderlProposer agrees to
provide access at all reasonable times to the City, or to any of its duly authorized representatives, to any
books, documents, papers, and records of Contractor which are directly pertinent to this fonnal solicitation,
for the purpose of audit, examination, excerpts, and transcriptions. The Successful BidderlProposer shall
maintain and retain any and all of the books, documents, papers and records pertinent to the Contract for
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three (3) years after the City makes final payment and all other pending matters are closed. Contractor's
failure to or refusal to comply with this condition shall result in the immediate cancellation of this contract
by the City.
1.9. AVAILABILITY OF CONTRACT STATE-WIDE -Any Governmental, not-for-profit or
quasi-governmental entity in the State of Florida, may avail itself of this contract and purchase any and all
goods/services, specified herein from the successful bidder(s)/proposer(s) at the contract price(s)
established herein, when pennissible by federal, state, and local laws, rules, and regulations.
Each Governmental, not-for-profit or quasi-govennnental entity which uses this fomlal solicitation and
resulting bid contract or agreement will establish its own contract/agreement, place its own orders, issue its
own purchase orders, be invoiced there from and make its own payments, detennine shipping tenns and
issue its own exemption certificates as required by the successful bidder(s)/proposer(s).
1.10. AWARD OF CONTRACT:
A. The Fonnal Solicitation, Bidder's/Proposer's response, any addenda issued, and the purchase order shall
constitute the entire contract, unless modified in accordance with any ensuing contract/agreement,
amendment or addenda.
B. The award of a contract where there are Tie Bids will be decided by the Director of Purchasing or
designee in the instance that Tie Bids can't be detemlined by applying Florida Statute 287.087, Preference
to Businesses with Drug-Free Workplace Programs.
C. The award of this contract may be preconditioned on the subsequent submission of other .documents as
specified in the Special Conditions or Technical Specifications. BidderlProposer shall be in default of its
contractual obligation if such documents are not submitted in a timely manner and in the form required by
the City. Where BidderlProposer is in default of these contractual requirements, the City, through action
taken by the Purchasing Department, will void its acceptance of the Bidder'slProposer's Response and may
accept the Response from the next lowest responsive, responsible Bidder or Proposal most advantageous to
the City or re-solicit the City's requirements. The City, at its sole discretion, may seek monetary restitution
from BidderlProposer and its bid/proposal bond or guaranty, if applicable, as a result of damages or
increased costs sustained as a result of the Bidder'slProposer's default.
D. The tenn of the contract shall be specified in one of three documents which shall be issued to the
successful BidderlProposer. These documents may either be a purchase order, notice of award and/or
contract award sheet.
E. The City reserves the right to automatically extend this contract for up to one hundred twenty (120)
calendar days beyond the stated contract tenn in order to provide City departments with continual service
.and supplies while.a newc.Qntract is b~ing s.Qlicit~9.,~Yi!lY!ll~d, llAd/9r !!WaI9(,:d, If the right is exercis(Ojd,
the City shall notify the BidderlProposer, in writing, of its intent to extend the contract at the same price,
temlS and conditions for a specific number of days. Additional extensions over the first one hundred
twenty (120) day extension may occur, if, the City and the Successful Bidder/Proposer are in mutual
agreement of such extensions.
F. Where the contract involves a single shipment of goods to the City, the contract term shall conclude
upon completion of the expressed or implied warranty periods.
G. The City reserves the right to award the contract on a split-order, lump sum or individual-item basis,
or such combination as shall best serve the interests of the City unless otherwise specified.
H. A Contract/Agreement may be awarded to the Bidder/Proposer by the City Commission based upon
the minim1Un qualification requirements reflected herein. As a result of a RFP, RFQ, or RFLI, the City
reserves the right to execute or not execute, as applicable, an Agreelnent with the Proposer, whichever is
detennined to be in the City' sbes.! interests. Such agreement will be fim:tished by the City. will contain
certain tenus as are in the City's best interests, and will be subject to approval as to legal form by the City
Attorney.
1.11. BID BOND/ BID SECURITY -A cashier's or celiified check, or a Bid Bond signed by a recognized
surety company that is licensed to do business in the State of Florida, payable to the City of Miami, for the
amount bid is required from all bidders/proposers, if so indicated under the Special Conditions. This check
or bond guarantees that a bidder/proposer will accept the order or contract/agreement, as hid/proposed, if it
is awarded to bidder/proposer. BidderlProposer shall forfeit bid deposit to the City should City award
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contract/agreement to Bidder/Proposer and Bidder/Proposer fails to accept the award. The City reserves the
right to reject any and all surety tendered to the City. Bid deposits are returned to unsuccessful
bidders/proposers within ten (10) days after the award and successful bidder's/proposer's acceptance of
award. If sixty (60) days have passed after the date of the fonnal solicitation closing date, and no contract
has been awarded, all bid deposits will be returned on demand.
1.12. RESPONSE FORM (HARDCOPY FORMAT) -All fonns should be completed, signed and
submitted accordingly.
1.13. BID SECURITY FORFEITED LIQUIDATED DAMAGES -Failure to execute an Agreement
and/or file an acceptable Performance Bond, when required, as provided herein, shall be just cause for the
annulment of the award and the forfeiture of the Bid Security to the City, which forfeiture shall be
considered, not as a penalty, but in mitigation of damages sustained. Award may then be made to the
next lowest responsive, responsible Bidder or Proposal most advantageous to the City or all responses may
be rejected.
1.14. BRAND NAMES -If and wherever in the specifications brand names, makes, models, names of any
manufacturers, trade names, or bidder/proposer catalog numbers are specified, it is for the purpose of
establishing the type, function, minimum standard of design, efficiency, grade or quality of goods only.
When the City does not wish to rule out other competitors' brands or makes, the phrase "OR EQUAL" is
added. When bidding/proposing an approved equal, BidderslProposers will SUbmit, with their response,
complete sets of necessary data (factory infonnation sheets, specifications, brochures, etc.) in order for the
City to evaluate and detennine the equality ofthe item(s) bid/proposed. The City shall be the sole judge of
equality and its decision shall be final. Unless otherwise specified, evidence in the fonn of samples may be
requested if the proposed brand is other than specified by the City. Such samples are to be furnished after
fonnal solicitation opening/closing only upon request of the City. If samples should be requested, such
samples must be received by the City no later than seven (7) calendar days after a fonnal request is made.
1.15. CANCELLATION -The City reserves the right to cancel all fonnal solicitations before its
opening/closing. In the event of bid/proposal cancellation, the Director of Purchasing shall notify all
prospective bidders/proposers and make available a written explanation for the cancellation.
1.16. CAPITAL EXPENDITURES -Contractor understands that any capital expenditures that the finn
makes, or prepares to make, in order to deliver/perfonn the goods/services required by the City, is a
business risk which the contractor must assUllle. The City will not be obligated to reimburse amortized or
unamortized capital expenditures, or to maintain the approved status of any contractor. If contractor has
been unable to recoup its capital expenditures during the time it is rendering such goods/services, it shall
not have any claim upon the City.
1.17. CITY NOT LIABLE F.OR D ELA YS-It is .furtherexpressly agreed that in no event. shall the City
be liable for, or responsible to, the BidderlProposer/Consultant, any sub-contractorlsub-consultant, or to
any other person for, or on account of, any stoppages or delay in the work herein provided for by injunction
or other legal or equitable proceedings or on account of any delay for any cause over which the City has no
control.
1.18. COLLUSION -BidderlProposer, by SUbmitting a response, certifies that its response is luade without
previous understanding, agreement or connection either with any person, finn or corporation submitting a
response for the same items/services or with the City of Miami's Purchasing Department or initiating
department. The BidderlProposer certifies that its response is fair, without control, collusion, fraud or other
illegal action. BidderlProposer certifies that it is in compliance with the Conflict of Interest and Code of
Ethics Laws. The City will investigate all potential situations where collusion may have occurred and the
City reserves the right to reject any and all bids/responses where collusion may have occurred.
1.19. COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS -Contractor understands that
contracts between private entities and local. govehmlents ate subject to certain laws and regulations,
including laws pertaining to public records, conflict of interest, records keeping, etc. City and Contractor
agree to comply with and observe all applicable laws, codes and ordinances as that may in any way affect
the goods or equipment offered, including but not limited to:
A. Executive Order 11246, which prohibits discrimination against any employee, applicant, or client
because of race, creed, color, national origin, sex, or age with regard to, but not limited to, the following:
employment practices, rate of payor other compensation methods, and training selection.
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B. Occupational, Safety and Health Act (OSHA), as applicable to this Fonnal Solicitation.
C. The State of Florida Statutes, Section 287. 133 (3)(A) on Public Entity Crimes.
D. Enviromnent Protection Agency (EPA), as applicable to this Fonnal Solicitation.
E. Unifonn Commercial Code (Florida Statutes, Chapter 672).
F. Americans with Disabilities Act of 1990, as amended.
G. National Institute of Occupational Safety Hazards (NlOSH), as applicable to this Fonnal Solicitation.
H. National Forest Products Association (NFPA), as applicable to this Fonnal Solicitation.
I. City Procurement Ordinance City Code Section 18, Article III.
J. Conflict ofInterest, City Code Section 2-611 ;61.
K. Cone of Silence, City Code Section 18-74.
L. The Florida Statutes Sections 218.73 and 218.74 on Prompt Payment.
M. First Source Hiring Agreement, City Ordinance No. 10032, as applicable to this Fonnal Solicitation.
hnplemented to foster the creation of new and pennanentjobs for City of Miami residents; requires as a
condition precedent to the execution of service contracts including professional services.
Lack of knowledge by the bidder/proposer will in no way be a cause for relief from responsibility .
. Non-compliance with all local, state, and federal directives, orders, and laws may be considered grounds
for termination of contract(s).
Copies of the City Ordinances may be obtained from the City Clerk's Office.
1.20. CONE OF SILENCE -Pursuant to Section 18-74 of the City of Miami Code, a "Cone of Silence" is
imposed upon each RFP, RFQ, RFLI, or IFB after advertisement and tenninates at the time the City
Manager issues a written recommendation to the Miami City Commission. The Cone of Silence shall be
applicable only to Contracts for the provision of goods and services and public works or improvements for
amounts greater than $200,000. The Cone of Silence prohibits any communication regarding RFPs, RFQs,
RFLI or IFBs (bids) between, among others:
Potential vendors, service providers, bidders, lobbyists or consultants and the City's professional staff
including, but not limited to, the City Manager and the City Manager's staff; the Mayor, City
Commissioners, or their respective staffs and any member of the respective selection/evaluation committee.
The provision does not apply to, among other communications;
oral c01mnunications with the City purchasing staff, provided the communication is limited strictly to
matters of process or procedure already contained in the fonnal solicitation document; the provisions of the
Cone of Silence do not apply to oral communications at duly noticed site visits/inspections, pre-proposal or
pre-bid conferences, oral presentations before selection/evaluation committees, contract negotiations during
any duly noticed public meeting, or public presentations made to the Miami City C01l11l1ission during a duly
noticed public meeting; or communications in writing or by email at any time with any City employee,
official or member of the City Commission unless specifically prohibited by the applicable RFP, RFQ,
RFLI or IFB (bid) documents (See Section 2.2. of the Special Conditions); or c01l11l1unications in
connection with the collection of industry comments or the perfonnance of market research regarding a
particular RFP, RFQ, RFLI OR IFB by City Purchasing staff.
Proposers or bidders must file a copy of any written communications with the Office of the City Clerk,
which shall be made available to anyperson upon request. The City shall respond in writing and file a copy
with the Office ofthe City Clerk, which shan be made available to any person upon request. Written
communications may be in the fonn of e-mail, with a copy to the Office of the City Clerk.
In addition to any other penalties provided by law, violation of the Cone of Silence by any proposer or
bidder shall render any award voidable. A violation by a particular Bidder, Proposer, Offeror, Respondent,
lobbyist or consultant shall subject same to potential penalties pursuant to the City Code. Any person
having personal knowledge of a violation of these provisions shall report such violation to the State
Attorney andlor may file a complaint with the Ethics Commission. Proposers or bidders should reference
Section 18-74 of the City of Miami Code for further clarification.
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260254
This language is only a smmnary of the key provisions of the Cone of Silence. Please review City of
Miami Code Section 18-74 for a complete and thorough description oftlle Cone of Silence. You may
contact the City Clerk at 305-250-5360, to obtain a copy of same.
1.21. CONFIDENTIALITY -As a political subdivision, the City of Miami is subject to the Florida
Sunslrine Act and Public Records Law. If this Contract/Agreement contains a confidentiality provision, it
shall have no application when disclosure is required by Florida law or upon court order.
1.22. CONFLICT OF INTEREST -BidderslProposers, by responding to this Formal Solicitation, certify
that to the best of their knowledge or belief; no elected/appointed official or employee of the City of Miami
is financially interested, directly or indirectly, in the purchase of goods/services specified in this Fornlal
Solicitation. Any such interests on the part of the Bidder/Proposer or its employees must be disclosed in
writing to the City. Further, you must disclose the name of any City employee who owns, directly or
indirectly, an interest offive percent (5%) or more of the total assets of capital stock in your firm.
1.23. COPYRIGHT OR PATENT RIGHTS -BidderslProposers warrant that there has been no violation
of copyright or patent rights in manufacturing, producing, or selling the goods slripped or ordered andlor
services provided as a result of tlris formal solicitation, and bidders/proposers agree to hold the City
harmless from any and all liability, loss, or expense occasioned by any such violation.
1.24. COST INCURRED BY BIDDERJPROPOSER -All expenses involved with the preparation and
submission of Responses to the City, or any work performed in connection therewith shall be borne by the
Bidder( s )/Proposer( s).
1.25. DEBARMENT AND SUSPENSIONS (Sec 18-107)
(a) Authority and requirement to debar and suspend. After reasonable notice to an actual or prospective
Contractual Party, and after reasonable opportunity for such party to be heard, the City Manager, after
consultation with the Chief Procurement Officer and the city attorney, shall have the authority to debar a
Contractual Party, for the causes listed below, from consideration for award of city Contracts. The
debarment shall be for a period of not fewer than furee years. The City Manager shall also have the
authority to suspend a Contractual Party from consideration for award of city Contracts if there is probable
cause for debarment, pending the debarment detennination. The authority to debar and suspend contractors
shall be exercised in accordance with regulations wlrich shall be issued by the ClriefProcurement Officer
after approval by the City Manager, the city attorney, and the City COll11nission.
(b) Causes for debarment or suspension. Causes for debamlent or suspension include the following:
(1) Conviction for commission of a criminal offense incident to obtaining or attempting to obtain a
public or private Contract or subcontract, or incident to the perfornlance of such Contract or
subcontract.
(2) Conviction under state or federal statutes of embezzlement, theft, forgery, bribery, falsification
or destruction of records, receiving stolen property, or any other offense indicating a lack of business
integrity or business honesty.
(3) Conviction under state or federal antitrust statutes arising out of the submission of Bids or
Proposals. . . . . .
(4) Violation of Contract provisions, which is regarded by the Chief Procurement Officer to be
indicative ofnonresponsibility. Such violation may include failure without good cause to perform in
accordance with the ternlS and conditions of a Contract or to perfonn witlrin the tinle limits provided in
a Contract, provided that failure to perform caused by acts beyond the control of a party shall not be
considered a basis for debarment or suspension.
(5) Debannent or suspension of the Contractual Party by any federal, state or other governmental
entity.
(6) False certification pursuant to paragraph ( c) below.
(7) Found in violation of a zoning ordinance or any other city ordinance or regulation and for
which the violation remains noncompliant.
(8) Found in violation of a zoning ordinance or any other city ordinance or regulation and for
which a civil penalty or fme is due and owing to the city.
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(9) Any other cause judged by the City Manager to be so serious and compelling as to affect the
responsibility of the Contractual Party perfonning city Contracts.
(c) Certification. All Contracts for goods and services, sales, and leases by the city shall contain a
certification that neither the Contractual Party nor any of its principal owners or persomlel have been
convicted of any of the violations set forth above or debarred or suspended as set forth in paragl'aph (b )(5).
(d) Debannent and suspension decisions. Subject to the provisions of paragraph (a), the City Manager shall
render a written decision stating the reasons for the debannent or suspension. A copy of the decision shall
be provided promptly to the Contractual Party, along with a notice of said party's right to seek judicial
relief.
1.26. DEBARRED/SUSPENDED VENDORS -An entity or affiliate who has been placed on the State of
Florida debarred or suspended vendor list may not submit a response on a contract to provide goods or
services to a public entity, may not submit a response on a contract with a public entity for the construction
or repair of a public building or public work, may not submit response on leases of real property to a public
entity, may not award or perfonn work as a contractor, supplier, subcontractor, or consultant under contract
with any public entity, and may not transact business with any public entity.
1.27. DEFAULTIFAILURE TO PERFORM -The City shall be the sole judge ofnonperfonnance, which
shall include any failure on the part of the successnJl BidderlProposer to accept the award, to furnish
required doclll1ents, and/or to fulfill any portion of this contract within the time stipulated.
Upon default by the successful Bidder/Proposer to meet any tenns of this agreement, the City will notifY
the BidderlProposer of the default and will provide the contractor three (3) days (weekends and holidays
excluded) to remedy the default. Failure on the contractor's part to correct the default within the required
three (3) days shall result in the Contract being terminated and upon the City notifYing in writing the
contractor of its intentions and the effective date of the termination. The following shall constitute default:
A. Failure to perform the work or deliver the goods/services required under the Contract and/or within the
time required or failing to use the subcontractors, entities and personnel as identified and set forth, and to
the degree specified in the Contract.
B. Failure to begin the work under this Contract within the time specified.
C. Failure to perfonn the work with sufficient workers and equipment or with sufficient materials to
ensure timely completion.
D. Neglecting or refusing to remove materials or perfoiJD. new work where prior work has been rejected as
nonconforming with the tenns of the Contract.
E. Becoming insolvent, being 'declared bankrupt, or connnitting any act of bankruptcy or insolvency, or
making an assignment for the benefit of creditors, if the insolvency, bankruptcy, or assigmnent renders the
successful BidderlProposer incapable of performing the work in accordance with and as required by the
Contract.
F. Failure to comply with any of the terms of the Contract in any material respect.
All costs and charges incurred by the City as a result of a default or a default incurred beyond the time
limits stated, together with the cost of completing the work, shall be deducted from any monies due or
which may become due on this Contract.
1.28. DETERMINATION OF RESPONSIVENESS -Each Response will be reviewed to detennine ifit
is responsive to the submission requirements outlined in the Fonnal Solicitation. A "responsive" response is
one which follows the requirements of the formal solicitation, includes all documentation, is submitted in
the format outlined in the fonnal solicitation, is of timely submission, and has appropriate signatures as
required on each document. Failure to com:plywith these requirements may deem a Response
non-responsive.
1.29. DISCOUNTS OFFERED DURING TERM OF CONTRACT -Discount Prices offered in the
response shall be fixed after the award by the Commission, unless otherwise specified in the Special Tenns
and Conditions. Price discounts off the original prices quoted in the response will be accepted from
successful Bidder(s)/Proposer(s) during the tenn of the contract. Such discounts shall remain in effect for
a minimum of 120 days from approval by the City Cormnission Any discounts offered by a manufacturer
to Bidder/Proposer will be passed on to the City.
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1.30. DISCREPANCIES, ERRORS, AND OMISSIONS -Any discrepancies, en'ors, or ambiguities in
the Fomlal Solicitation or addenda (if any) should be reported in writing to the City's Purchasing
Department. Should it be found necessary, a written addendum will be incorporated in the Fonnal
Solicitation and will become part of the purchase agreement (contract documents). The City will not be
responsible for any oral instructions, clarifications, or other communications.
A. Order of Precedence -Any inconsistency in this fonnal solicitation shall be resolved by giving
precedence to the following documents, the first of such list being the goveming documents.
1) Addenda (as applicable)
2) Specifications
3) Special Conditions
4) General Terms and Conditions
1.31. EMERGENCY / DISASTER PERFORMANCE -In the event of a hurricane or other emergency
or disaster situation, the successful vendor shall provide the City with the commodities/services defined
within the scope of this fonnal solicitation at the price contained within vendor's response. Further,
successful vendor shall deliver/perform for the city on a priority basis during such times of emergency.
1.32. ENTIRE BID CONTRACT OR AGREEMENT -The Bid Contract or Agreement consists of this
City of Miami Fonnal Solicitation and specifically this General Conditions Section, Contractor's Response
and any written agreement entered into by the City of Miami and Contractor in cases involving RFPs,
RFQs, and RFLIs, and represents the entire understanding and agreement between the parties with respect
to the subject matter hereof and supersedes all other negotiations, understanding and representations, if any,
made by and between the parties. To the extent that the agreement conflicts with, modifies, alters or
changes any ofthe tenus and conditions contained in the Fonnal Solicitation and/or Response, the Fomlal
Solicitation and then the Response shall control. This Contract may be modified only by a written
agreement signed by the City of Miami and Contractor.
1.33. ESTIMATED QUANTITIES -Estimated quantities or estimated dollars are provided for your
guidance only. No guarantee is expressed or implied as to quantities that will be purchased during the
contract period. The City is not obligated to place an order for any given amount subsequent to the award
of this contract. Said estimates may be used by the City for purposes of determining the low bidder or most
advantageous proposer meeting specifications. The City reserves the right to acquire additional quantities
at the prices bid/proposed or at lower prices in this Fonnal Solicitation.
1.34. EVALUATION OF RESPONSES
A.Rejection of Responses
The City may reject a Response for any ofthe following reasons:
1) BidderlProposer fails to acknowledge receipt of addenda;
2) BidderlProposer mistates or conceals any material fact in the Response;
3) Response does not conform to the requirements of the Fonnal Solicitation;
4) Response requires a conditional award that conflicts with the method of award;
5) Respo11se does not include required samples, certificates, licenses as required; and,
6) Response was not executed by the Bidder'slProposer(s) authorized agent.
The foregoing is not an all inclusive list of reasons for which a Response may be rejected. The City may
reject and re-advertise for all or any part ofthe Fonnal Solicitation whenever it is deemed in the best
interest of the City.
B. Elimination From Consideration
1) A contract shall not be awarded to any person or finn which is in arrears to the City upon any debt or
contract, or which is a defaulter as surety or otherwise upon any obligation to the City.
2) A contract may not be awarded to any person or firm which has failed to perform under the terms and
conditions of any previous contract with the City or deliver on time contracts of a similar nature.
3) A contract may not be awarded to any person or fmn which has been debarred by the City in
accordance with the City's Debarment and Suspension Ordinance.
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C. Determination of Responsibility
1) Responses will only be considered from entities who are regularly engaged in the business of providing
the goods/equipment/services required by the Formal Solicitation. BidderlProposer must be able to
demonstrate a satisfactory record of performance and integrity; and, have sufficient financial, material,
equipment, facility, personnel resources, and expertise to meet all contractual requirements. The terms
"equipment and organization" as used herein shall be construed to mean a fully equipped and well
established entity in line with the best industry practices in the industry as detenuined by the City.
2) The City may consider any evidence available regarding the financial, technical and other qualifications
and abilities of a BidderlProposer, including past performance ( experience) with the City or any other
govermnentaI entity in making the award.
3) The City may require the Bidder(s)/Proposer(s) to show proof that they have been designated as an
authorized representative of a manufacturer or supplier which is the actual source of supply, if required by
the Formal Solicitation.
1.35. EXCEPTIONS TO GENERAL AND/OR SPECIAL CONDITIONS OR SPECIFICATIONS -
Exceptions to the specifications shall be listed on the Response and shall reference the section. Any
exceptions to the General or Special Conditions shall be cause for the bid (IFB) to be considered
non-responsive. It also may be cause for a RFP, RFQ, or RFLI to be considered non-responsive; and, if
exceptions are taken to the tenns and conditions of the resulting agreement it may lead to terminating
negotiations.
1.36. F.O.B. DESTINATION -Unless otherwise specified in the Fonnal Solicitation, all prices
quoted/proposed by the bidder/proposer must be F.O.B. DESTINATION, inside delivery, with all delivery
costs and charges included in the bid/proposal price, unless otherwise specified in this Fonnal
Solicitation. Failure to do so may be cause for rejection of bid/proposal.
1.37. FIRM PRICES -The bidder/proposer warrants that prices, tenns, and conditions quoted in its
response will be firm throughout the duration of the contract unless otherwise specified in the Formal
Solicitation. Such prices will remain finn for the period of perfonnance or resulting purchase orders or
contracts, which are to be perfonned or supplied over a period of time.
1.38. FIRST-SOURCE HIRING AGREEMENT (Sec.1S-l0S)
(a) The COlIDnission approves implementation of the first-source hiring agreement policy and requires
as a condition precedent to the execution of service contracts for facilities, services, and/or receipt of grants
and loans, for projects of a nature that create new jobs, the successful negotiation of first-source hiring
agreements between the organization or individual receiving said contract and the authorized representative
unless such an agreement is found infeasible by the city manager and such finding approved by the City
COlIDnission at a public hearing.
(b) For the purpose of this section, the following tenns, phrases, words and their derivations shall have
the following meanings:
Authorized representative means the Private Industry Council of South Florida/South Florida Employment
and Training Consortium, or its successor as local recipient of federal and state training and employment
funds.
Facilities means all publicly financed projects, including but without limitation, unified development
projects, municipal public works, and municipal improvements to the extent they are fmanced through
public money services or the use of publicly owned property.
Grants and loans means, without limitation, urban development action grants (UDAG), economic
development agency construction loans, loans from Miami Capital Development, Incorporated, and all
federai and state gr~nts administered by the city. -_. -.
Service contracts means contracts for the procurement of services by the city which include professional
servlCes.
Services includes, without limitation, public works improvements, facilities, professional services,
commodities, supplies, materials and equipment.
(c) The authorized representative shall negotiate each fIrst-source hiring agreement.
(d) The primary beneficiaries of the first-source hiring agreement shall be participants of the city
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training and employment programs, and other residents of the city.
1.39. FLORIDA MINIMUM WAGE -The Constitution ofthe State of Florida, Article X, Section 24,
states that employers shall pay employee wages no less than the minimlln wage for all hours worked in
Florida. Accordingly, it is the contractor's and its' subcontractor(s) responsibility to understand and
comply with this Florida constitutional minimum wage requirement and pay its employees the current
established hourly minimum wage rate, which is subject to change or adjusted by the rate of inflation using
the consumer price index for urban wage earners and clerical workers, CPI-W, or a successor index as
calculated by the United States Department of Labor. Each adjusted minimum wage rate calculated shall
be determined and published by the Agency Workforce Innovation on September 30th of each year and
take effect on the following January 1st.
At the time of responding, it is bidder/proposer and his/her subcontractor( s), if applicable, full
responsibility to determine whether any of its employees may be impacted by this Florida Law at any given
point in time during the term of the contract. If impacted, bidder/proposer must furnish employee name(s),
job title(s), job description(s), and current pay rate(s). Failure to submit this infonnation at the time of
submitting a response constitute successful bidder's/proposer's acknowledgement and understanding that
the Florida Minimum Wage Law will not impact its prices throughout the tenn of contract and waiver of
any contractual price increase request(s). The City reserves the right to request and successful
bidder/proposer must provide for any and all information to make a wage and contractual price increase(s)
determination.
1.40. GOVERNING LAW AND VENUE -The validity and effect of this Contract shall be governed by
the laws ofthe State of Florida. The parties agree that any action, mediation or arbitration arising out of this
Contract shall take place in Miami-Dade County, Florida.
1.41. HEADINGS AND TERMS -The headings to the various paragraphs of this Contract have been
inserted for convenient reference only and shall not in any manner be construed as modifying, amending or
affecting in any way the expressed terms and provisions hereof.
1.42. HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT (HIPPA) -Any
person or entity that performs or assists the City of Miami with a function or activity involving the use or
disclosure of "individually identifiable health information (IIHI) andlor Protected Health Infonnation (PHI)
shall comply with the Health Insurance Portability and Accountability Act (HIP AA) of 1996 and the City
of Miami Privacy Standards. HIP AA mandates for privacy, security and electronic transfer standards,
which include but are not limited to:
A. Use of information only for performing services required by the contract or as required by law;
)}, Use of appropriate safeguards to prevent non-permitted disclosures;
C. Reporting to the City ofMiarni of any non-permitted use or disclosure;
D. Assurances that any agents and subcontractors agree to the same restrictions and conditions that apply to
the BidderlProposer and reasonable assurances that IIHIIPHI will be held confidential;
E. Making Protected Health Information (PHI) available to the customer;
F. Making PHI available to the customer for review and amendment; and incorporating any amendments
requested by the customer;
G. Making PHI available to the City of Miami for an accounting of disclosures; and
H. Making internal practices, books and records related to PHI available to the City of Miami for
compliance audits.
PHI shall maintain its protected status regardless ofthe form and method of transmission (paper records,
andlor electronic transfer of data). The Bidderl Proposer must give its customers written notice of its
privacy infonnation practices including specifically~ a description of the types of uses and disclosures that
would be made with protected health information.
1.43. INDEMNIFICATION -The Contractor shall indemnify and save harmless forever the City, and all
the City's agents, officers and employees from and against all charges or claims resulting from any bodily
injury, loss of life, or damage to property from any act, omission or neglect, by itself or its employees; the
Contractor shall become defendant in every suit brought for any of such causes of action against the City or
the City's officials, agents and employees; the Contractor shall further indemnify City as to all costs,
attorney's fees, expenses and liabilities incurred in the defense of any such claims and any resulting
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investigation.
1.44. INFORMATION AND DESCRIPTIVE LITERATURE -BidderslProposer must furnish all
infonnation requested in the spaces provided in the Fonnal Solicitation. Further, as may be specified
elsewhere, each BidderlProposer must submit for evaluation, cuts, sketches, descriptive literature, technical
specifications, and Material Safety Data Sheets (MSDS)as required, covering the products offered.
Reference to literature submitted with a previous response or on file with the Buyer will not satisfy this
provision.
1.45. INSPECTIONS -The City may, at reasonable times during the tenn hereof, inspect Contractor's
facilities and perfonn such tests, as the City deems reasonably necessary, to deternline whether the goods
and/or services required to be provided by the Contractor under this Contract confonn to the terms and
conditions of the Fonnal Solicitation. Contractor shall make available to the City all reasonable facilities
and assistance to facilitate the perfornlance oftests or inspections by City representatives. All tests and
inspections shall be subject to, and made in accordance with, the provisions ofthe City of Miami Ordinance
No. 12271 (Section 18-79), as same may be amended or supplemented from time to time.
1.46. INSPECTION OF RESPONSE -Responses received by the City pursuant to a Fonnal Solicitation
will not be made available until such time as the City provides notice of a decision or intended decision or
within 10 days after bid closing, whichever is earlier. BidlProposal results will be tabulated and may be
furnished upon request via fax or e-mail to the Sr. Procurement Specialist issuing the Solicitation.
Tabulations also are available on the City's Web Site following recomrilendation for award.
1.47. INSURANCE -Within ten (10) days after receipt of Notice of Award, the successful Contractor,
shall furnish Evidence of Insurance to the Purchasing Department, if applicable. Submitted evidence of
coverage shall demonstrate strict compliance to all requirements listed on the Special Conditions entitled
"Insurance Requirements". The City shall be listed as an "Additional Insured."
Issuance of a Purchase Order is contingent upon the receipt of proper insurance documents. If the
insurance certificate is received within the specified time frame but not in the manner prescribed in this
Solicitation the Contractor shall be verbally notified of such deficiency and shall have an additional five (5)
calendar days to submit a corrected certificate to the City. If the Contractor fails to submit the required
insurance docUll1ents in the manner prescribed in this Solicitation within fifteen (15) calendar days after
receipt Notice of Award, the contractor shall be in default of the contractual tenns and conditions and shall
not be awarded the contract. Under such circumstances, the Bidder/Proposer may be prohibited from
submitting future responses to the City. Infonnation regarding any insurance requirements shall be directed
to the Risk Administrator, Department of Risk Management, at 444 SW 2nd Avenue, 9th Floor, Miami,
Florida 33130,305-416-1604.
The Bidder/Proposer shall be responsible for assuring that the insurance certific.ates required in
conjunction with this Section remain in effect for the duration of the contractual period; including any and
all option tenns that may be granted to the Bidder/Proposer.
1.48. INVOICES -Invoices shall contain purchase order nUll1ber and details of goods and/or services
delivered (i.e. quantity, unit price, extended price, etc); and in compliance with Chapter 218 of the Florida
Statutes (prompt Payment Act).
1.49. LOCAL PREFERENCE -City Code Section 18-85, states that the City Commission may offer to a
responsible and responsive bidder/proposer, who maintains a Local Office, the opportunity of accepting a
bid at the low bid amount, if the original bid amount submitted by the local vendor is not more than ten
percent (10%) in excess of the lowest other responsible and responsive bidder/proposer.
1.50. MANUFACTURER'S CERTIFICATION -The City reserves the right to request from
bidders/proposers a sepaiate tv1anufacturer's Certification of all statelnents made in the bid/proposal.
Failure to provide such certification may result in the rejection of bid/proposal or tem1ination of
contract/agreement, for which the bidder/proposer must bear fulliiabiiity:
1.51. MODIFICATIONS OR CHANGES IN PURCHASE ORDERS AND CONTRACTS'" No
contract or lUlderstanding to modify this Fonnal Solicitation and resultant purchase orders or contracts, if
applicable, shall be binding upon the City lUlless made in writing by the Director of Purchasing of the City
of Miami, Florida through the issuance of a change order, addendum, amendment, or supplement to the
contract, purchase order or award sheet as appropriate.
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1.52. NO PARTNERSHIP OR JOINT VENTURE -Nothing contained in this Contract will be deemed.
or construed to create a partnership or joint venture between the City of Miami and Contractor, or to create
any other similar relationship between the parties.
1.53. NONCONFORMANCE TO CONTRACT CONDITIONS -Items may be tested for compliance
with specifications under the direction ofthe Florida Department of Agriculture and Consumer Services or
by other appropriate testing Laboratories as detennined by the City. The data derived from any test for
compliance with specifications is public record and open to examination thereto in accordance with
Chapter 119, Florida Statutes. Items delivered not confonning to specifications may be rej ected and
returned at Bidder'slProposer's expense. These non-conforming items not delivered as per delivery date in
the response and/or Purchase Order may result in bidder/proposer being found in default in which event
any and all re-procurement costs may be charged against the defaulted contractor. Any violation of these
stipulations may also result in the supplier's name being removed from the City of Miami's Supplier's list.
1.54. NONDISCRIMINATION -BidderlProposer agrees that it shall not discriminate as to race, sex,
color, age, religion, national origin, marital status, or disability in connection with its performance under
tius formal solicitation. Furthernlore, BidderlProposer agrees that no otherwise qualified individual shall
solely by reason of hislher race, sex, color, age, religion, national origin, marital status or disability be
excluded from the participation in, be denied benefits of, or be subjected to, discrimination under any
program or activity.
In connection with the conduct of its business, including performance of services and employment of
personnel, BidderlProposer shall not discriminate against any person on the basis of race, color, religion,
disability, age, sex, marital status or national origin. All persons having appropriate qualifications shall be
afforded equal opportunity for employment.
1.55. NON-EXCLUSIVE CONTRACTI PIGGYBACK PROVISION -At such times as may serve its
best interest, the City of Miami reserves the right to advertise for, receive, and award additional contracts
for these herein goods and/or services, and to make use of other competitively bid (governmental)
contracts, agreements, or other similar sources for the purchase of these goods and/or services as may be
avaIlable. .
It is hereby agreed and understood that this formal solicitation does not constitute the exclusive rights of
the successful bidder(s)/proposer(s) to receive all orders that may be generated by the City in conjunction
with this Formal Solicitation.
In addition, any and all commodities, equipment, and serVices required by the City in conjunction with
construction projects are solicited under a distinctly different solicitation process and shall not be purchased
under the tenlls, conditions and awards rendered under this solicitation, unless such purchases are
determined to be in the best interest.ofthe City.
1.56. OCCUPATIONAL LICENSE -Any person, firm, corporation or joint venture, with a business
location in the City of Miami and is submitting a Response under this Formal Solicitation shall meet the
City's Occupational License Tax requirements in accordance with Chapter 31.1, Article I of the City of
Mian1i Charter. Others with a location outside the City of Mian1i shall meet their local Occupational
License Tax requirements. A copy ofthe license must be submitted with the response; however, the City
may at its sole option and in its best interest allow the BidderlProposer to supply the license to the City
during the evaluation period, but prior to award.
1.57. ONE PROPOSAL-Only one (1) Response from an individual, firm, partnership, corporation or
joint venture will be considered in response to this Formal Solicitation. When SUbmitting an alternate
response, please refer to the herein condition for "Alternate Responses May Be Considered".
1.58. OWNERSIDP OF DOCUMENTS ~ It is understood by and between the parties that any documents,
records, files, or any other matter whatsoever which is given by the City to the successful BidderlProposer
pursuant to this formal solicitation shall at all times remain the property of the City and shall not be used by
the BidderlProposer for any other purposes whatsoever without the written consent of the City.
1.59. P ARTIAL INVALIDITY -If any provision of this Contract or the application thereof to any person
or circumstance shall to any extent be held invalid, then the remainder of this Contract or the application of
such provision to persons or circumstances other than those as to which it is held invalid shall not be
affected thereby, and each provision of tlus Contract shall be valid and enforced to the fullest extent
permitted by law.
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1.60. PERFORMANCEIP A YMENT BOND -A Contractor may be required to furnish a
Perfonnance/Payment Bond as part of the requirements of this Contract, in an amount equal to one hundred
percent (100%) of the contract price.
1.61. PREPARATION OF RESPONSES (HARDCOPY FORMAT) -Bidders/Proposers are expected to
examine the specifications, required delivery, drawings, and all special and general conditions. All
bid/proposed amounts, if required, shall be either typewritten or entered into the space provided with ink.
Failure to do so will be at the Bidder'slProposer's risk.
A. Each Bidder/Proposer shall fumish the infonnation required in the Fonnal Solicitation. The
BidderlProposer shall sign the Response and print in ink or type the name ofthe BidderlProposer, address,
and telephone number on the face page and on each continuation sheet thereof on which he/she makes an
entry, as required.
B. If so required, the unit price for each unit offered shaH be shown, and such price shall include
packaging, handling and shipping, and F.O.B. Miami delivery inside City premises unless otherwise
specified. Bidder/Proposer shall include in the response all taxes, insurance, social security, worlanen's
compensation, and any other benefits normally paid by the BidderlProposer to its employees. If
. applicable, a unit price shall be entered in the "Unit Price" column for each item. Based upon estimated
quantity, an extended price shall be entered in the "Extended Price" column for each item offered. In case
of a discrepancy between the unit price and extended price, the unit price will be presumed correct.
C. The BidderlProposer must state a definite time, if required, in calendar days for delivery of goods
and/or services.
D. The BidderlProposer should retain a copy of all response documents for future reference.
E. All responses, as described, must be fully completed and typed or printed in ink and must be signed in
ink with the finn's name and by an officer or employee having authority to bind the company or firm by
hislher signature. BidslProposals having any erasures or corrections must be initialed in ink by person
signing the response or the response may be rejected.
F. Responses are to remain valid for at least 180 days. Upon award of a contract, the content of the
Successful Bidder'slProposer's response may be included as part of the contract, at the City's discretion.
G. The City of Miami's Response Forms shall be used when Bidder/Proposer is submitting its response in
hardcopy fonnat. Use of any other forms will result in the rejection of the response. IF SUBMITTING
HARDCOPY FORMAT, THE ORIGINAL AND THREE (3) COPIES OF THESE SETS OF FORMS,
UNLESS OTHERWISE SPECIFIED, AND ANY REQUIRED ATTACHMENTS MUST BE
RETURNED TO THE CITY OR YOUR RESPONSE MAY BE DEEMED NON-RESPONSIVE.
1.62. PRICE ADJUSTMENTS -Any price decrease effectuated during the contract period either by
reason of market change or on the part of the contractor to other customers shall be passed on to the City of
Mialni.
1.63. PRODUCT SUBSTITUTES -In the event a particular awarded and approved manufacturer's
product becomes unavailable during the tenn ofthe Contract, the Contractor awarded that item may
arrange with the City's authorized representative(s) to supply a substitute product at the awarded price or
lower, provided that a sample is approved in advance of delivery and that the new product meets or exceeds
all quality requirements.
1.64. CONFLICT OF INTEREST, AND UNETHICAL BUSINESS PRACTICE PROHIBITIONS -
Contractor represents and warrants to the City that it has not employed or retained any person or company
employed by the City to solicit or secure this Contract and that it has not offered to pay, paid, or agreed to
pay any person any fee, connnission, percentage, brokerage fee, or gift of any kind contingent upon or in
connection with, the award of this Contract.
1.65. PROMPT PAYMENT -BidderslProposers may offer a cash discount for prompt payment; however,
discounts shall not be considered in determining the lowest net cost for response evaluation purposes.
BidderslProposers are required to provide their prompt payment tenns in the space provided on the Fon11al
Solicitation. If no prompt payment discount is being offered, the Bidder/Proposer must enter zero (0) for
the percentage discount to indicate no discount. If the BidderlProposer fails to enter a percentage, it is
understood and agreed that the tenns shall be 2% 20 days, effective after receipt of invoice or final
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260254
acceptance by the City, whichever is later.
When the City is entitled to a cash discount, the period of computation will commence on the date of
delivery, or receipt of a correctly completed invoice, whichever is later. If an adjustment in payment is
necessary due to damage, the cash discount period shall commence on the date final approval for payment
is authorized. If a discount is part of the contract, but the invoice does not reflect the existence of a cash
discount, the City is entitled to a cash discount with the period commencing on the date it is detern1ined by
the City that a cash discount applies.
Price discounts off the original prices quoted on the Price Sheet will be accepted from successful
bidders/proposers during the tenn of the contract.
1.66. PROPERTY -Property owned by the City of Miami is the responsibility of the City of Miami. Such
property furnished to a Contractor for repair, modification, study, etc., shall remain the property of the City
of Miami. Damages to such property occurring while in the possession of the Contractor shall be the
responsibility of the Contractor. Damages occurring to such property while in route to the City of Miami
shall be the responsibility of the Contractor. In the event that such property is destroyed or declared a total
loss, the Contractor shall be responsible for replacement value of the property at the current market value,
less depreciation of the property, if any.
1.67. PROVISIONS BINDING -Except as otherwise expressly provided in the resulting Contract, all
covenants, conditions and provisions of the resulting Contract shall be binding upon and shall inure to the
benefit of the parties hereto and their respective heirs, legal representatives, successors and assigns.
1.68. PUBLIC ENTITY CRIMES -A person or affiliate who has been placed on the convicted vendor list
following a conviction for a public entity crime may not submit a response on a contract to provide any
goods or services to a public entity, may not submit a response on a contract with a public entity for the
construction or repair of a public building or public work, may not submit responses on leases of real
property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or
consultant under a contract with any public entity, and may not transact business with any public entity in
excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of36
months from the date of being placed on the convicted vendor list.
1.69. PUBLIC RECORDS -Contractor understands that the public shall have access, at all reasonable
times, to all documents and infonnation pertaining to City contracts, subject to the provisions of Chapter
119, Florida Statutes, and City of Miami Code, Section 18, Article TIl, and agrees to allow access by the
City and the public to all documents subject to disclosure under applicable law. Contractor's failure or
refusal to comply with the provision of this section shall result in the ilmnediate cancellation of this
Contract by the City.
1.70. QUALITY OF GOODS, MATER1ALS, SUPPLIES, PRODUCTS, AND EQUIPMENT -All
materials used in the manufacturing or construction of supplies, materials, or equipment covered by this
solicitation shall be new. The items bid/proposed must be of the latest make or model, of the best quality,
and of the highest grade of workmanship, unless as otherwise specified in this Solicitation.
1.71. QUALITY OF WORK/SERVICES -The work/services perfonned must be of the highest quality
and workmanship. Materials furnished to complete the service shall be new and of the highest quality
except as otherwise specified in this Solicitation.
1.72. REMEDIES PRIOR TO AWARD (Sec. 18-106) -If prior to Contract award it is deternllned that a
fonnal solicitation or proposed award is in violation of law, then the solicitation or proposed award shall be
cancelled by the City COlIDnission, the City Manager or the Chief Procurement Officer, as may be
applicable, or revised to comply with the law.
1.73. RESOLUTION OF CONTRACT.DISPUTES (Sec. 18-105)
(a) Authority to resolve Contract disputes. The City Manager, after obtaining the approval of the city
attorney, shall have the authority to resolve controversies between the Contractual Party and the city which
arise under, or by virtue of, a Contract between them; provided that, in cases involving an amount greater
than $25,000, the City Commission must approve the City Manager's decision. Such authority extends,
without limitation, to controversies based upon breach of Contract, mistake, misrepresentation or lack of
complete perfonnance, and shall be invoked by a Contractual Party by submission of a protest to the City
Manager.
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(b) Contract dispute decisions. If a dispute is not resolved by mutual consent, the City Manager shall
promptly render a written report stating the reasons for the action taken by the City COlmnission or the City
Manager which shall be final and conclusive. A copy of the decision shall be immediately provided to the
protesting party, along with a notice of such party's right to seek judicial relief, provided that the protesting
party shall not be entitled to such judicial relief without first having followed the procedure set forth in this
section.
1.74. RESOLUTION OF PROTESTED SOLICITATIONS AND AWARDS (Sec. 18-104)
(a) Right to protest. The following procedures shall be used for resolution of protested solicitations and
awards except for purchases of goods, supplies, equipment, and services, the estimated cost of which does
not exceed $25,000.
Protests thereon shall be governed by the Administrative Policies and Procedures of Purchasing.
l.Protest of Solicitation.
i. Any prospective proposer who perceives itself aggrieved in connection with the solicitation of a Contract
may protest to the Chief Procurement Officer. A written notice of intent to file a protest shall be filed with
the Chief Procurement Officer within three days after the Request for Proposals, Request for Qualifications
or Request for Letters of Interest is published in a newspaper of general circulation. A notice of intent to
file a protest is considered filed when received by the Chief Procurement Officer; or
ii. Any prospective bidder who intends to contest the Solicitation Specifications or a solicitation may
protest to the Chief Procurement Officer. A written notice of intent to file a protest shall be filed with the
Chief Procurement Officer within three days after the solicitation is published in a newspaper of general
circulation. A notice of intent to file a protest is considered filed when received by the Chief Procurement
Officer.
2. Protest of Award.
i. A written notice of intent to file a protest shall be filed with the Chief Procurement Officer within two
days after receipt by the proposer of the notice of the City Manager's recommendatiOl1 for award of
Contract, which will be posted on the City of Miami Purchasing Department website, in the Supplier
Comer, Current Solicitations and Notice of Recommendation of Award Section. The notice of the City
Manager's recommendation can be found by selecting the details ofthe solicitation and is listed as
Recommendation of Award Posting Date and Reconnnendation of Award To fields. If "various" is
indicated in the Recommendation of Award To field, the BidderlProposer must contact the buyer for that
solicitation to obtain the suppliers name. It shall be the responsibility of the BidderlProposer to check this
section of the website daily after responses are submitted to receive the notice; or
ii. Any actual Responsive and Responsible Bidder whose Bid is lower than that of the recommended bidder
may protest to the Chief Procurement Officer. A written notice of intent to file a protest shall be filed with
the Chief Procurement Officer within two days after receipt by the bidder of the notice of the city's
determination of non responsiveness or non responsibility. The receipt by bidder of such notice shall be
confinned by the city by facsimile or electronic mail or U.S. mail, return receipt requested. A notice of
intent to file a protest is considered filed when received by the Chief Procurement Officer.
iii. A written protest based on any of the foregoing must be submitted to the Chief Procurement Officer
within five (5) days after the date the notice of protest was filed. A written protest is considered filed when
received by the Chief Procurement Officer.
The written protest may not challenge the relative weight of the evaluation criteria or the formula for
assigning points in making an award detennination. .
The written protest shall state with particularity the specific facts and law upon which the protest of the
solicitation or the award is based, and shall include all pertinent documents and evidence and shall be
accompanied by the required Filing Fee as provided in subsection (f). This shall fonn the basis for review
of the written protest and no facts, grounds, documentation or evidence not contained in the protester's
submission to the Chief Procurement Officer at the time of filing the protest shall be pennitted in the
consideration of the written protest.
No time will be added to the above limits for service by mail. In computing any period of time prescribed
or allowed by this section, the day of the act, event or default from which the designated period of time
begins to run shall not be included. The last day of the period so computed shall be included unless it is a
Saturday, Sunday or legal holiday in which event the period shall run until the end of the next day which is
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neither a Saturday, Sunday or legal holiday. Intermediate Saturdays, Slmdays and legal holidays shall be
excluded in the computation of the time for filing.
(b) Authority to resolve protests. The Chief Procurement Officer shall have the authority, subject to the
approval of the City Manager and the city attorney, to settle and resolve any written protest. The Chief
Procurement Officer shall obtain the requisite approvals and communicate said decision to the protesting
party and shall submit said decision to the City Commission within 30 days after he/she receives the
protest. In cases involving more than $25,000, the decision ofthe Chief Procurement Officer shall be
submitted for approval or disapproval thereof to the City Commission after a favorable recommendation by
the city attorney and the City Manager.
(c) Compliance with filing requirements. Failure of a party to timely file either the notice of intent to file a
protest or the written protest, together with the required Filing Fee as provided in subsection (t), with the
Chief Procurement Officer within the time provided in subsection (a), above, shall constitute a forfeiture of
such party's right to file a protest pursuant to this section. The protesting party shall not be entitled to seek
judicial relief without first having followed the procedure set forth in this section
(d) Stay of Procurements during protests. Upon receipt of a written protest filed pursuant to the
requirements of this section, the city shall not proceed further with the solicitation or with the award of the
Contract until the protest is resolved by the Chief Procurement Officer or the City Commission as provided
in subsection (b) above, unless the City Manager makes a written detennination that the solicitation process
or the Contract award must be continued without delay in order to avoid an immediate and serious danger
to the public health, safety or welfare.
( e) Costs. All costs accruing from a protest shall be assumed by the protestor.
(1) Filing Fee. The written protest must be accompanied by a filing fee in the form of a money order or
cashier's check payable to the city in an amount equal to one percent of the amount of the Bid or proposed
Contract, or $5000.00, whichever is less, which filing fee shall guarantee the payment of all costs which
may be adjudged against the protestor in any administrative or court proceeding. If a protest is upheld by
the Chief Procurement Officer and/or the City Connnission, as applicable, the filing fee shall be refimded
to the protestor less any costs assessed under subsection (e) above. If the protest is denied, the filing fee
shall be forfeited to the city in lieu of payment of costs for the adlninistrative proceedings as prescribed by
subsection (e) above.
1.75. SAMPLES -Samples of items, when required, must be submitted within the time specified at no
expense to the City. lfnot destroyed by testing, bidder(s)/proposer(s) will be notified to remove samples,
at their expense, within 30 days after notification. Failure to remove the samples will result in the samples
becoming the property of the City.
1. 76. SELLING, TRANSFERRING OR ASSIGNING RESPONSIBILITIES -Contractor shall not sell,
assign, transfer or subcontract at any time during the tenn of the Contract, or any part of its operations, or
assign any portion of the perfonnance required by this contract, except under and by virtue of written
pennission granted by the City through the proper officials, which may be withheld or conditioned, in the
City's sole discretion.
1.77. SERVICE AND WARRANTY -When specified, the bidder/proposer shall define all warranty,
service and replacements that will be provided. BidderslProposer must explain on the Response to what
extent warranty and service facilities are available. A copy of the manufacturer's warranty, if applicable,
should be submitted with your response.
1.78. SILENCE OF SPECIFICATIONS -The apparent silence of these specifications and any
supplemental specification as to any detail or the omission from it of detailed description concerning any
point shall be regarded as meaning that only the best cOlmnercial practices are to prevail and that only
materials of ftrst quality and correct type, size and design are to be used. All worlcmanship and services is
to be first quality.
All interpretations of these speciftcations shall be made upon the basis of this statement.
If your fmn has a current contract with the State of Florida, Department of General Services, to supply the
items on this solicitation, the bidder/proposer shall quote not more than the contract price; failure to comply
with this request will result in disqualification of bid/proposal.
1.79. SUBMISSION AND RECEIPT OF RESPONSES -Responses shall be submitted electronically via
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the Oracle System or responses may be submitted in hardcopy fom1at to the City Clerk, City Hall,.3500
Pan American Drive, Miami, Florida 33133-5504, at or before, the specified closing date and time as
designated in the IFB, RFP, RFQ, or RFLI. NO EXCEPTIONS. BidderslProposers are welcome to attend
the solicitation closing; however, no award will be made at that time.
A. Hardcopy responses shall be enclosed in a sealed envelope, box package. The face of the envelope,
box or package must show the hour and date specified for receipt of responses, the solicitation number and
title, and ilie name and return address of the BidderlProposer: Hardcopy responses not submitted on the
requisite Response Fonns may be rejected. Hardcopy responses received at any oilier location than the
specified shall be deemed non-responsive.
Directions to City Hall:
FROM THE NORTH: 1-95 SOUTH UNTIL IT TURNS INTO USl. USl SOUTH TO 27TH AVE.,
TURN LEFT, PROCEED SOUTH TO SO. BAYSHORE DR. (3RD TRAFFIC LIGHT), TURN LEFT, 1
BLOCK TURN RIGHT ON PAN AMERICAN DR. CITY HALL IS AT THE END OF PAN
AMERICAN DR. PARKING IS ON RIGHT.
FROM THE SOUTH: US1 NORTH TO 27TH AVENUE, TURN RIGHT, PROCEED SOUTH TO SO.
BAYSHORE DR. (3RD TRAFFIC LIGHT), TURN LEFT, 1 BLOCK TURN RIGHT ON PAN
AMERICAN DR. CITY HALL IS AT THE END OF PAN AMERICAN DR. PARKING IS ON RIGHT.
B. Facsimile responses will not be considered.
C. Failure to follow these procedures is cause for rejection of bid/proposal.
D. The responsibility for obtaining and submitting a response on or before the close date is solely and
strictly the responsibility ofBidderlProposer. The City of Miami is not responsible for delays caused by
the United States mail delivery or caused by any oilier occurrence. Responses received after ilie
solicitation closing date and time will be returned unopened, and will not be considered for award.
E. Late responses will be rejected.
F. All responses are subject to ilie conditions specified herein. Those which do not comply with these
conditions are subject to rejection.
G. Modification of responses already submitted will be considered only if received at the City before the
time and date set for closing of solicitation responses. All modifications must be submitted via the Oracle
System or in writing. Once a solicitation closes (closed date and/or time expires), the City will not consider
any subsequent submission which alters the responses.
H. Ifhardcopy responses are submitted at the same time for different solicitations, each response must be
placed in it separate envelope, box, or package and each envelope, box or package must contain the
infonnation previously stated in l.82.A.
1.80. TAXES -The City of Miami is exempt from any taxes imposed by the State and/or Federal
Govenunent. Exemption certificates will be provided upon request. Notwithstanding, BidderslProposers
should be aware of the fact that all materials and supplies which are purchased by the BidderlProposer for
the completion ofthe contract is subject to the Florida State Sales Tax in accordance with Section 212.08,
Florida Statutes, as an1ended and all amendments thereto and shall be paid solely by the BidderlProposer.
1.81. TERMINATION -The City Manager on behalf of the City of Miami reserves the right to tenninate
this contract by written notice to ilie contractor effective ilie date specified in the notice should any of the
following apply:
A. The contractor is detennined by the City to be in breach of any of the tenus and conditions of the
contract.
B. The City has detennined that such termination will be in the best interest of the City to terminate the
contract for its own convenience;
C. Funds are not available to cover the cost of the goods and/or services. The City's obligation is
contingent upon the availability of appropriate funds.
1.82. TERMS OF PAYMENT -Payment will be made by the City after the goods and/or services
awarded to a BidderlProposer have been received, inspected, and found to comply with award
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specifications, free of damage or defect, and properly invoiced. No advance payments of any kind will be
made by the City of Miami.
Payment shall be made after delivery, within 45 days of receipt of an invoice and authorized inspection
and acceptance of the goods/services and pursuant to Section 218.74, Florida Statutes and other applicable
law.
1.83. TIMELY DELIVERY -Time will be of the essence for any orders placed as a result of this
solicitation. The City reserves the right to cancel such orders, or any part thereof, without obligation, if
delivery is not made within the time(s) specified on their Response. Deliveries are to be made during
regular City business honrs unless otherwise specified in the Special Conditions.
1.84. TITLE -Title to the goods or equipment shall not pass to the City until after the City has accepted·
the goods/equipment or used the goods, whichever comes first.
1.8S.TRADE SECRETS EXECUTION TO PUBLIC RECORDS DISCLOSURE-All Responses
submitted to the City are subject to public disclosure pursuant to Chapter 119, Florida Statutes. An
exception may be made for ''trade secrets."
Ifthe Response contains information that constitutes a "trade secret", all material that qualifies for
exemption from Chapter 119 must be submitted in a separate envelope, clearly identified as "TRADE
SECRETS EXCEPTION," with your firm's name and the Solicitation number and title marked on the
outside.
Please be aware that the designation of an item as a trade secret by you may be challenged in court by any
person. By your designation of material in your Response as a "trade secret" you agree to indemnify and
hold hannless the City for any award to a plaintiff for damages, costs or attorney's fees and for costs and
attorney's fees incurred by the City by reason of any legal action challenging your claim .
. 1.86. UNAUTHORIZED WORK OR DELIVERY OF GOODS-Neither the qualified
Bidder(s)/Proposer(s) nor any ofhislher employees shall perform any work or deliver any goods unless a
change order or purchase order is issued and received by the Contractor. The qualified
Bidder( s )/Proposer( s) shall not be paid for any work performed or goods delivered outside the scope of the
contract or any work performed by an employee not otherwise previously authorized.
1.87. USE OF NAME -The City is not engaged in research for advertising, sales promotion, or other
publicity purposes. No advertising, sales promotion or other pUblicity materials containing information
obtained from this Solicitation are to be mentioned, or imply the name of the City, without prior express
written permission of the City Manager or the City Commission.
1.88. VARIATIONS OF SPECIFICATIONS -For purposes of solicitation evaluation, bidders/proposers
must indicate any variances from the solicitation specifications andlor conditions, no matter how slight. If
variations are not stated on their Response, it will be assumed that the product fully complies with the
City's, specifications.
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2. Special Conditions
2.1. PURPOSE
The purpose ofthis Solicitation is to establish a contract, for Swimming Pool Chemicals and Delivery of
Bulk Liquid Chlorine and Storage Tank Rental, as specified herein, from a source(s) of supply that will
give prompt and efficient service fully compliant with the terms, conditions and stipulations ofthe
solicitation.
2.2. DEADLINE FOR RECEIPT OF REQUEST FOR ADDITIONAL
INFORMATION/CLARIFICATION
Any questions or clarifications concerning this solicitation shall be submitted by email or facsimile to the
Purchasing Department, Attn: Maritza Suarez, CPPB; fax: (305) 400-5025 or
email: msuarez@ci.miami.fl.us. The solicitation title and number shall be referenced on all
correspondence. All questions must be received no later than Monday, January 24,2011 at 5:00 p.m .. All
responses to questions will be sent to all prospective bidders/proposers in the form on an addendum. NO
QUESTIONS WILL BE RECEIVED VERBALLY OR AFTER SAID DEADLINE.
2.3. TERM OF CONTRACT
The Contract shall commence upon the date of notice of award and shall be effective for one (1) year with
the option to extend for four (4) additional one (1) year periods, subject to the availability offunds for
succeeding fiscal years.
Continuation of the contract beyond the initial period is a City prerogative; not a right of the bidder. This
prerogative will be exercised only when such continuation is clearly in the best interest ofthe City.
2.4. CONDITIONS FOR RENEWAL
Each renewal of this contract is subject to the following:
(1) Continued satisfactory performance compliance with the specifications, tenus and conditions
established herein.
(2) Availability of funds
2.5. ESCALATION CLAUSE
The City acknowledges the fluctuating nature of prices for items specified. Accordingly an
escalator/de-escalator clause will be accepted only under the following conditions:
(1) Price increase(s) and price decrease(s) comparable to documented manufacturer's price changes shall
be allowed. Escalated prices after the first year of the Contract, if any, shall remain firm during the
applicable contract year.
(2) Receipt of proper notification to the Purchasing Department, in writing, of all items affected by price
increases/decreases.
(3) Where all prices shall have remained fmn for a minimum of 365 days after effective date of contract.
(4) All prices increase(s) and decrease(s) to be approved by the Purchasing Director.
The City may, after review, refuse to accept the adjusted costs if they are not properly documented,
increases are considered to be excessive, or decreases are considered to be insufficient. In the event the
City does not wish to accept the adjusted costs, and the matter cannot be resolved to the satisfaction of the
City, the City reserves the right to cancel the contract upon giving thirty (30) days notice to the Successful
Bidder.
2.6. EQUITABLE ADJUSTMENT
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The Purchasing. Department may, in its sole discretion, make an equitable adjustment in the contract tenns
andlor pricing ifpricing or availability of supply is affected by extreme or unforeseen volatility in the
marketplace, that is, by circumstances that satisfy all the following criteria: (1) the volatility is due to
circumstances beyond the successful bidder(s) control, (2) the volatility affects the marketplace or industry,
not just the particular contract source of supply, (3) the effect on pricing or availability of supply is
substantial, and (4) the volatility so affects the successful bidder(s) that continued performance of the
contract would result in a substantial loss. Successful bidder(s) might have to supply documentation to
justify any requested percentage increase in cost to the City of Miami.
2.7. NON-APPROPRIATION OF FUNDS
In the event no funds or insufficient funds are appropriated and budgeted or are otherwise unavailable in
any fiscal period for payments due under this contract, then the City, upon written notice to Contractor or
his assignee of such occurrence, shall have the unqualified right to temunate the contract without any
penalty or expense to the City. No guarantee, warranty or representation is made that any particular or any
project(s) will be awarded to any fmn(s).
2.8. METHOD OF AWARD
Award ofthis contract will be made to the lowest responsive and responsible bidder on a group by
group, or a total of all groups basis, whichever is in the best interest of the City. Bidders must bid on all
items within a group in order to be considered for award of that group. Failure to bid on all items within a
group shall deem any bid non-responsible for that group.
2.9. BIDDERS MINIMUM QUALIFICATIONS
Bids will be considered only from firms that are regularly engaged in the business of providing goods
andlor services as described in this Bid; that have a record of performance for a reasonable period of time;
and that have sufficient fmancial support, equipment and organization to insure that they can satisfactorily
provide the goods and/or services if awarded a Contract under the terms and conditions herein stated.
Bidder shall:
(1) Not have any member, officer, or stockholder that is in arrears or is in default of any debt or contract
involving the City, is a defaulter surety otherwise, upon any obligation to the City, and/or has failed to
perfonn faithfully on any previous contract with the City.
(2) Have no record of pending lawsuits or criminal activities, and have never been declared bankrupt.
2.10. DELIVERY
Requirements for Group 1:
Time: The Successful bidder(s) shall make deliveries within two (2) working days after the Parks and
Recreation Department places the order(s). The time of the delivery of services shall be Monday through
Friday, 10 a.m. through 4 p.m. Time of delivery may be extended for a specific period when the cause of
such delay is beyond the control of the successful bidder and provided that notice is given to the City
immediately upon the knowledge of impending delay.
Delivery of any items should be made in conjunction with the Contract Administrator.
£ill.n.t;. All items will be priced and delivered F.O.B. Miami, inside delivery, to the below listed locations:
1. Athalie Range Pool
525 NW 62 Street
MiarniFL
2. Curtis Pool
2300 NW No.River Dr
MiamiFL
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(I
'-. ..
3. Elizabeth Virrick Pool
3255 Plaza Street
MiamiFL
4. Gibson Pool
1245 NW Fourth Avenue
MiamiFL
5. Hadley Pool
4800 NW 12 Avenue
MiamiFL
6. Jose Marti Pool
351 SWFourthAvenue
Miami FL
7. Morningside Pool
850 NE 55 Terrace
MiamiFL
8. Shenandoah Pool
1805 SW 22 Avenue
MiamiFL
9. West End Pool
250 SW 60 Avenue
Miami,FL
10. Williams Pool
1717 NW 5 Avenue
Miami,FL
11. Grapeland Water Park
1550 NW 37 Ave
Miami, Fl33126
Requirements for Group 2:
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Time: The Successful bidder(s) shall make deliveries within two (2) working days after the Parks and
Recreation Department places the order( s). The time of the delivery of services shall be Monday through
Friday, 10 a.m. through 4 p.m.
Time of delivery may be extended for a specific period when the cause of such delay is beyond the control
of the successful bidder and provided that notice is given to the City immediately upon the knowledge of
impending delay.
Delivery of any items should be made in conjunction with the Contract Administrator.
Point: An items will be priced and delivered F.O.B. Miami, inside delivery, to the below listed locations:
1. Hadley Pool
4800 NW 12 Avenue
Miami,FL
2. Jose lvlarti Pool
351 SW Fourth Avenue
Miami,FL
Possible locations to be awarded at a future date for delivery of bulk liquid chlorine only, no rental of
storage tank required:
1. Shenandoah Park (existing 300 gallon tank)
l800SW21 Street
Miami,FL
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2. Roberto Clemente Park (existing 50 gallon tank)
101 NW 34th Street
Miami,FL
2.11. FAILURE TO PERFORM
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Should it not be possible to reach the contractor or supervisor and/or should remedial action not be taken
within 48 hours of any failure to perform according to specifications, the City reserves the right to declare
Contractor in default of the contract or make appropriate reductions in the contract payment.
2.12. EQUAL PRODUCT
Manufacturer's name, brand name and model/style number when used in these specifications are for the
sole purpose of establishing minimum requirements of levels of quality, standards of perfonnance and
design required and is in no way intended to prohibit the bidding of other manufacturer's brands of equal
material, unless otherwise indicated. Equal (SUbstitution) may be bid, provided product so bid is found to
be equal in quality, standards of performance, design, etc. t6 item specified, unless otherwise indicated.
Where equal is proposed, bid must be accompanied by complete factory information sheets
(specifications, brochures, etc.) and test results of unit bid as equal. Failure to do so at time of bid
may deem your bid non-responsive.
2.13. INSURANCE REQUIREMENTS
INDEMNIFICATION
Bidder shall pay on behalf of, indemnify and save City and its officials harmless, from and against any and
all claims, liabilities, losses, and causes of action, which may arise out of bidder's perfonnance under the
provisions of the contract, including all acts or omissions to act on the part of bidder, including any person
performing under this Contract for or on bidder's behalf, provided that any such claims, liabilities, losses
and causes of such action are not attributable to the negligence or misconduct of the City and, from and
against any orders, judgments or decrees which may be entered and which may result from this Contract,
unless attributable to the negligence or misconduct ofthe City, and from and against all costs, attorneys'
fees, expenses and liabilities incurred in the defense of any such claim, or the investigation thereof.
The bidder shall furnish to City of Miami, c/o Purchasing Department, 444 SW.2nd AVenu.e, 6th Floor,
Miami, Florida 33130, Certificate(s) of Insurance which indicate that insurance coverage has been obtained
which meets the requirements as outlined below:
(1) Worker's Compensation
A. Limits of Liability -Statutory -State of Florida
(2) Commercial General Liability:
A. Limits of Liability
Bodily Injury and Property Damage Liability -Each Occurrence: $1,000,000.00
General Aggregate Limit: $2,000,000.00
Personal and Adv. Injury. Products and Completed Operations and Fire Damage: $1,000,000.00.
B. Endorsements Required:
City of Miami included as an Additional insured. Employees included as insured. Contractual
Liability.
(3) BusinessAutomobile Liability
A. Limits of Liability
Bodily injury and property damage liability combined single limits. Any Auto, including hired,
borrowed or owned, or non-owned autos used in connection with the work -$1,000,000.00
B. Endorsements Required:
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City of Miami included as an Additional Insured ...
(4) Employer's Liability
$100,000 for bodily injury caused by an accident, each accide~t.
$100,000 for bodily injury caused by disease, each employee.
$500,000 for bodily injury caused by disease, policy limit.
BINDERS ARE UNACCEPTABLE.
260254
The insurance coverage required shall include those classifications, as listed in standard liability insurance
manuals, which most nearly reflect the operations of the bidder.
All insurance policies required above shall be issued by companies authorized to do business under the
laws ofthe State of Florida, with the following qualifications:
The Company must be rated no less than "A" as to management, and no less than "Class V" as to financial
strength, by the latest edition of Best's Insurance Guide, published by A.M. Best Company, Oldwick, New
Jersey, or its equivalent. All policies and/or certificates of insurance are subject to review and verification
by Risk Management prior to insurance approval.
Certificates will indicate no modification or change in insurance shall be made without thirty (30) days
written advance notice to the certificate holder.
NOTE: CITY BID NUMBER AND/OR TITLE OF BID MUST APPEAR ON EACH CERTIFICATE.
Compliance with the foregoing requirements shall not relieve the bidder of ills liability and obligation
under this section or under any other section ofthis Agreement.
--If insurance certificates are scheduled to expire during the contractual period, the Bidder shall be
responsible for submitting new or renewed insurance certificates to the City at a minimum of ten (10)
calendar days in advance of such expiration.
--In the event that expired certificates are not replaced with new or renewed certificates which cover
the contractual period, the City shall:
(4) Suspend the contract until such time as the new or renewed certificates are received by the City in
the manner prescribed in the Invitation To Bid.
(5) The City may, at its sole discretion, terminate this contract for cause and seek re-procurement
damages from the Bidder in conjunction with the General and Special Tenns and Conditions of the Bid.
The Bidder shall be responsible for assuring that the insurance certificates required in conjunction with this
Section remain in force for the duration of the contractual period; including any and all option tenns that
may be granted to the Bidder.
2.14. METHOD OF PAYMENT
Full payment will be made upon receipt and acceptance of a complete unites). No down or partial down
payments will be made.
2.15. PACKING SLIPIDELIVERY TICKET TO ACCOMPANY ITEMS DURING DELIVERY
The successful bidder shall enclose a complete packing slip or delivery ticket with any items to be
delivered in conjunction with this bid solicitation. The packing slip shall be attached to the shipping
carton(s) which contain the items and shall be made available to the City's authorized representative during
delivery. The packing slip or delivery ticket shall include, at a minimum, the following infonnation:
purchaSe order number; date of order; a complete listing of itelTIS being delivered; and back-order quantities
and estimated delivery of back-orders if applicable.
2.16. ADDlTIONSIDELETIONS OF FACILITIES/ITEMS/PRODUCTS
Although this Solicitation identifies specific facilitieslitems/products to be serviced, it is hereby agreed and
understood that any facility/item/products may be added/deleted to/from this contract at the option of the
City. When an addition to the contract is required, the successful bidder(s) under this contract shall be
invited to submit price quotes for these new services/items/products. If these quotes are comparable with
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260254
market prices offered for similar serviceslitems/products, they shall be added to the contract whichever is in
the best interest of the City and an addendum and a separate purchase order shall be issued by the City.
2.17. PRE-BID/PRE-PROPOSAL CONFERENCE
None
2.18. CONTRACT ADMINISTRATOR
Upon award, contractor shall report and work directly with Lilliam Rodriguez, who shall be designated as
the Contract Administrator.
2.19. TIE BIDS
Whenever two or more Bids which are equal with respect to price, quality and service are received by the
City for the procurement of commodities or contractual services, a Bid received from a business that
certifies that is has implemented a drug-free workplace program shall be given preference in the award
process. Established procedures for processing tie Bids will be followed if none of the tied vendors have a
drug-free workplace program. In order to have a drug-free workplace program, a business shall:
(1) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing,
possession, or use of a controlled substance is prohibited in the workplace and specifying the action that
will be taken against employees for violations of such prohibition.
(2) Inform employees about the dangers of drug abuse in the workplace, the business' policy of
maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance
programs, and th~ penalties that may be imposed upon employees for drug abuse violations.
(3) Give each employee engaged in providing the commodities or contractual services that are under Bid a
copy of the statement specified in subsection (1).
(4) In the statement specified in subsection (1), notify the employees that, as a condition of working on the
commodities or contractual services that are under Bid, the employee will abide by the terms ofthe
statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any
violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation
occurring in the workplace no later than five (5) days after such conviction.
(5) Inlpose a sanction on, or require the satisfactory participation in a drug abuse assistance or
rehabilitation program, if such is available in the employee's cOlmnunity, by any employee who is so
convicted.
(6) Malee a good faith effort to continue to maintain a drug-free workplace through implementation of this
section.
2.20. LIQUIDATED DAMAGES
Bidder shall provide all items at the guaranteed delivery time specified by the City in the Delivery Section
of this solicitation. If the successful bidder fails to deliver within the specified delivery time, it is
understood that 1 % of the unit price per calendar day per item will be deducted, as liquidated damages, for
each day beyond the specified delivery time (not to exceed the total amount of the contract), not as a
penalty but as a form of compensation for the loss of not having the ability to use the product.
2.21. USE OF PREMISES
The contractor shall confine hislher equipment, apparatus, the storage of materials, and the operation of
his/her workmen to the limits indicated by law, ordinances, pemlits, or direction of the project manager,
and shall not unreasonably encumber the premises with hislher materials. The contractor shall talee all
measures necessary to protect his own materials.
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2.22. DAMAGES TOPUBLICIPRIVATE PROPERTY
The contractor shall carry out the work with such care and methods as not to result in damage to public or
private property adjacent to the work. Should any public or private property be danlaged or destroyed, the
contractor, at hislher expense, shall repair or make restoration as is practical and acceptable to the City
and/or owners of destroyed or damaged property promptly within a reasonable length oftime. (Not to
exceed one month from date damage was done).
2.23. NO SUBSTITUTION
When "No Substitution" is used in combination with a manufacturer's name, brand name and/or model
number that named item is the only item that will be accepted by the City.
2.24. PRODUCT/CATALOG INFORMATION
. All bidders must submit product information on the items they propose to furnish on this bid. Any bid
received not containing this information may be rejected for fuat reason. If catalog munbers shown in this
bid are incorrect or obsolete, it is the responsibility of the vendor to update or advise the City of this
problem. The City will issue an addendum to correct and update catalog munbers, when applicable. The
catalog number you show on your bid is the one the City will expect to receive.
All bids fuat include substances found on the current Florida Toxic Substance List must be submitted with
a Material Data Sheet, in accordance with Florida Statutes -Chapter 422.106.
2.25. PRODUCT SUBSTITUTES
In the event a particular approved and awarded manufacturer's product becomes unavailable during the
term of the Contract, the Contractor awarded fuat item may arrange with the authorized City representative,
to supply a substitute product at the bid price or lower, provided that a sample is approved beforehand and
that the new product meets or exceed all quality requirements. Contractor shall replace items purchased by
the City which are of unacceptable quality or which are detennined by fue using department unserviceable
for any reasons. Items covered by express warranty shall be governed by terms and conditions therein.
2.26. REFERENCES
Each bid must be accompanied by a list of references, which shall include fue name of fue company, dates
of contract, description of goods supplied, a contact person and the telephone number. NO BID WILL BE
CONSIDERED WITHOUT THIS LIST.
2.27. SUBCONTRACTORS OF WORK SHALL BE IDENTIFIED
As part of its Bid, the Bidder is required to identify any and all Subcontractors that will be used in the
perfonnance of the proposed contract, their capabilities, experience, minority designation, as defined in
Ordinance 10062 and the portion of fue work to be ~one by the Subcontractor. Failure to identify any and
all subcontractors in the Bid shall render the Bid non-responsive; unless, the low bidder submits this
documentation to the City within five (5) working days after the bid opening.
The Contractor shall not, at any time during the tenure of the contract, subcontract any part of his
operations or assign any portion or part of the contract, to Subcontractor(s) not originally mentioned in their
Bid, except under and by virtue of permission granted by the City through fue proper officials.
Nothing contained in this specifications shall be construed as establishing any contractual relationship
between any subcontractor and the Cjty.
The contractor shall be fully responsible to the City for the acts and omissions of fue subcontractor and
their employees, as for acts and omissions of persons employed by contractor.
Page 34 of37
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2.28. CONTRACTOR TO BE REPRESENTED
The contractor at all times must either be personally present at the worksite or be represented at the
worksite by a responsible agent or agents designated by the contractor in written notice to the City prior to
the beginning of work. Such notification shall include pertinent data such as addresses, phone numbers,
etc., where said agent or agents may be contacted at any time of the day Of night. The agent or agents shall
be clothed with full authority to act for the contractor in all cases, and to carry out any instructions relative
to the work may be given by the City.
2.29. SPECIFICATION EXCEPTIONS
Specifications are based on the most current literature available. Bidder shall notify the City of Miami
Purchasing Department, in writing, no less than ten (10) days prior to solicitation closing date of any
change in the manufacturers' specifications which conflict with the specifications. For hard copy bid
submittals, bidders must explain any deviation from the specifications in writing as a footnote on the
applicable specification page and enclose a copy of the manufacturer's specifications data detailing the
changed item(s) with his/her submission. For electronic bid submittals, bidders must explain in the Header
Section or by an Attachment and, if applicable, enclose a scanned copy of the manufacturer's specifications
data detailing the changed item(s) with hislher submission. Additionally, bidders must indicate any options
requiring the addition of other options, as well as those which are included as a part of another option.
Failure of bidders to comply with these provisions will result in bidders being held responsible for all costs
required to bring the item(s) in compliance with contract specifications.
2.30. PUBLIC CONVENIENCE AND SAFETY
The contractor shall conduct his work so as to interfere as little as possible with private business or public
traveL He shall, at his own expense, whenever necessary or required, maintain barricades, maintain lights,
and take such other precautions as may be necessary to protect life and property, and he shall be liable for
all damages occasioned in any way by his actions or neglect or that of his agents or employees.
The contractor shall meet the following noise abatement performance standards for all construction
equipment:
Between the hours of7:00 A.M. and 6:00 P.M. noise levels shall not exceed 80 dBA at the nearest
-residential or commercial property line.
Operation of equipment should be avoided between the hours of 6:00 P.M. and 7:00 A.M., but if required,
the noise level shall not exceed 65 dBA.
2.31. SAFETY MEASURES
Contractor shall take all necessary precautions for the safety of employees, and shall erect and properly
maintain at all times all necessary safeguards for the protection of the employees and the public. Danger
signs warning against hazards created by his/her operation and work in progress must be posted.
All employees of contractor shall be expected to wear safety glasses or goggles, appropriate clothing, and
hearing protection when and wherever applicable. The contractor shall use only equipment that is fully
operational and in safe operating order. Contractor shall be especially careful when servicing property
when pedestrians and/or vehicles are in close proximity -work shall cease until it is safe to proceed.
2.32. TERMINATION
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If Contractor defaults in its perfomlance under this Contract and does not cure the default within 30 days
after written notice of default, the City Manager may tenninate this Contract, in whole or in pati, upon
written notice without penalty to the City of Miami. In such event the Contractor shall be liable for
damages including the excess cost of procuring similar supplies or services: provided that if, (1) it is
detennined for any reason that the Contractor was not in default or (2) the Contractor's failnre to perfonn is
without his or his subcontractor's control, fault or negligence, the temlination will be deemed to be a
tenuination for the convenience of the City ofMiatni.
B. FOR CONVENIENCE
The City Manager may temlinate this Contract, in whole or in part, upon 30 days prior written notice when
it is in the best interests of the City of Miami. Ifthis Contract is for supplies, products, equipment, or
software, and so tenuinated for the convenience by the City of Miami the Contractor will be compensated
in accordance with an agreed upon adjustment of cost. To the extent that this Contract is for services and so
temlinated, the City of Miami shall be liable only for payment in accordance with the payment provisions
of the Contract for those services rendered prior to tenuination .
.2.33. ADDITIONAL TERMS AND CONDITIONS
No additional tenus and conditions included with the solicitation response shall be evaluated or
considered, and any and all such additional tenus and conditions shall have no force or effect and are
inapplicable to this solicitation. If submitted either purposely, through intent or design, or inadvertently,
appearing separately in transmittal letters, specifications, literature, price lists or warranties, it is understood
and agreed that the General and Special Conditions in this solicitation are the only conditions applicable to
this solicitation and that the bidder's!proposer's authorized signature affixed to the bidder's!proposer's
acknowledgment fOID1 attests to this .
.2.34. PRIMARY CLIENT (FIRST PRIORITy)
The successful bidder( s )/proposer( s) agree upon award of this contract that the City of Miami shall be its
primary client and shall be serviced first during a schedule conflict arising between this contract and any
other contract successful bidder(s)/proposer(s) may have with any other cities and/or counties to perfoID1
similar services as a result of any catastrophic events such as tomadoes, hurricanes, severe stOID1S or any
other public emergency impacting various areas during or approximately the satne time.
Page 36 of37
3. Specifications
3.1. SPECIFICATIONS/SCOPE OF WORK
Group 1: Swimming Pool Chemicals
r-'
\ )
Refer to the Line Item Description for detailed specifications for each of the items.
Group 2: Delivery of Bulk Liquid Chlorine and Storage Tank Rentalfor Swimming Pools
260254
1. DELIVERY -On site bulle delivery of high purity, high strength 12% Sodium Hypochlorite directly by
tanker to storage tanlc.
2. CHLORINE -This continuous process bleach shall be guaranteed to maintain at least 10.5% strength
for a fu1160 days. Bleach shall be guaranteed to contain less than 0.3% of excess caustic soda levels. This
bleach solution shall be treated with a secondary filtration process (a modified version ofion-exchange
technology), which removes copper, magnesium, iron, and other metals. This process shall occur at
manufacturing source before begin loaded onto tankers for delivery.
3. STORAGE -Storage tank shall be maintained on a maintenance free arrangement by successful
bidder, which includes maintenance of hard piping from tanks to chemical feed equipment, including all
interface such as valves.
4. QUALITY CONTROL -Successful bidder shall include monthly water quality control checks using an
approved water quality control program.
5. TESTING -Successful bidder shall include ongoing monitoring and testing of environmental
conditions such as Black and Mustard Algae, Cloudy Water, Clarity, Filter Efficiency, Chloramine,
Bacteriological Analysis, Iron, Copper, Manganese, Cyanuric Acid, Nitrates, Chlorides, Phosphates,
Chlorine demand, Ammonia and other associated conditions.
6. SUPPORT -Successful bidder shall include toll-free support on different aspects of pool water and
HRS code compliance. Support shall include on-site review and/or training on an as needed basis.
7. CODE -Storage tank shall meet bulk tank requirements of, U.S. Environmental Protection Agency,
Florida Department of Agriculture, Florida Department of Environmental Regulation, and Visual Tank
Inspection as required by the South Florida Building Code.
8. FEES -Successful bidder shall give a flat per gallon rate for the approximate annual amount of'
chlorine used, as stipulated on the Price Sheet
9. STORAGE TANK RENTAL-Successful bidder shall give a monthly rental rate for a 1500 gallon
capacity storage tank and for a 600 gallon capacity storage tank.
Page 37 of37
City of Miami
Text File Report
File 10: II -00269 Type: Resolution
Enactment#: R-1I-0217
Version: Introduced: 3/1 711 I
City Hall
3500 Pan American Drive
Miami, FL 33 I 33
www.miamigov.com
Status: Passed
Enactment Date: 5/26/1 I
Controlling Body: Office of the City
Clerk
A RESOLUnON OF THE MIAMI CITY COMMISSION ACCEPTING THE BIDS RECEIVED
FEBRUARY 1,2011, PURSUANT TO INVITATION FOR BID NO. 260254,FROM COMMERCIAL
ENERGY SPECIALIST, INC. FOR GROUP 1, AND FROM PRO STAR POOL SUPPLIES FOR
GROUP 2, AS THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDERS, ON A
GROUP-BY-GROUP BASIS, FOR THE PROVISION OF SWIMMING POOL CHEMICALS AND
SUPPLIES AND BULK LIQUID CHLORINE AND STORAGE TANK RENTAL, FOR THE
DEPARTMENT OF PARKS AND RECREATION, FOR AN INITIAL CONTRACT PERIOD OF ONE
(1) YEAR, WITH THE OPTION TO RENEW FOR FOUR (4) ADDITIONAL ONE (1) YEAR
PERIODS; ALLOCATING FUNDS FROM THE VARIOUS SOURCES OF FUNDS FROM THE
USER DEPARTMENT, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY
APPROVAL AT THE TIME OF NEED.
BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA;
Section I. The bids received February 1, 20 II, pursuant to Invitation for Bid No. 260254, from Commercial Energy
Specialist, Inc. for Group I, and Pro Star Pool Supplies for Group 2, as the lowest responsive and responsible bidders, on a
group-by-group basis, for the provision of Swimming Pool Chemicals and Supplies and Bulk Liquid Chlorine and Storage
Tank Rental, for the Department of Parks and Recreation, for an initial contract period of one (I) year, with option to renew
for four (4) additional one (I) year periods, are accepted, with funds allocated from various sources of funds from the user
department, subject to the availability of funds and budgetary approval at the time of need.
Section 2. This Resolution shall become effective immediately upon its adoption and signature of the Mayor. {I}
City of Miami Page 1 Printed on 611512011
TO:
FROM:
CITY OF MIAMI, FLORIDA
INTER-OFFICE MEMORANDUM
ALL DEPARTMENT DIRECTORS
and CONTRACT LIAISONS
~f~ t1,e~ /&e;,?v~ K~~~~beli~~~re6or
Purchasing Department
DATE:
SUBJECT:
REFERENCES:
ENCLOSURES:
May 15,2012 FILE:
Swimming Pool Chemicals &
Sup'plies & Bulk Liquid Chlorine &
Storage Tank Rental
Bid No. 260254(16)
FIRST RENEWAL
Please find enclosed a copy of the recently approved first renewal tenTI contract for the
Swimming Pool Chemicals & Supplies & Bulk Liquid Chlorine & Storage Tank Rental.
Using depaliment is urged to carefully review the contract in detail to become familiar with its
prices, terms and conditions, and items awarded. If your department is unable to locate a
particular item on the contract, please contact the appropriate Buyer for assistance. No other
goods or services can be purchased under this contract except those specified in the contract.
When requesting this commodity or service, the Bid No., Resolution No. and the
corresponding catalog item numbers must be cited in the requisition.
Should any using depaliment experience any difficulties with the contractol', please document the
matter and immediately advise Maritza Suarez, Procurement Supervisor, at (305) 416-1907 for
assistance. '
QIityllf ~bttni
CONTRACT AWARD
FIRST RENEWAL
BID NO.: 260254(16)
DESCRIPTION: SWIMMING POOL CHEMICALS & SUPPLIES & BULK LIQUID
CHLORINE & STORAGE TANK RENTAL
CONTRACT PERIOD: JUNE 6, 2011 THROUGH JUNE 5, 2012
FIRST RENEWAL: JUNE 6, 2012 THROUGH JUNE 5,2013
TERM OF CONTRACT: ONE (1) YEAR W/OTR FOR FOUR (4) ADDITIONAL ONE-
YEAR PERIODS
COMMODITY CODE:
ISECTION #1 -VENDOR AWARD
Commercial Energy Specialists, Inc.
(Group 1)
860 Jupiter Park Dr.
Jupiter, FL 33458
Contact: Alvaro Mendoza
Phone: (800) 940-1557
Fax: (561) 746-5898
Email: amendoza@ceswaterguality.com
varruza@cesmail.org
988
Pro Star Pool Supplies
(Group 2)
PO Box 970041
Coconut Creek, FL 33097
Contact: Dennis Miller
Phone: (561) 488-7023
Fax: (561) 482-0791
Email: dmm-23@comcast.net
, info@prostarpoolsupplies.com
ISECTION #2 -AWARD/BACKGROUND INFORMATION/APPLICABLE ORDINANCES/NOTES
C.C. AWARD DATE: MAY 26,2011
RESOLUTION NO; 11-0217
ANNUAL CONTRACT AMOUNT: N/A
Note: Funds allocated from the various sources
of funds from the user departments and agencies,
subject to availability of funds and budgetary ,
approval at the time of need.
AMENDED AMOUNT:
INSURANCE REQUIREMENTS:
PERFORMANCE BOND:
APPLICABLE ORDINANCES:
N/A
N/A
N/A
N/A
Please find enclosed a copy of the recently approved first renewal term contract for the swimming pool chemicals
& supplies & bulk liquid chlorine & storage tank rental.
ISECTION #3 -REQUESTING DEPARTMENT
CITY DEPARTMENTS
Contract Administrator: Maria De Cardenas
Phone: (305) 960-3004
Fax: (305) 400-5360
ISECTION #4 -PROCURING AGENCY
CITY OF MIAMI, PURCHASING DEPARTMENT
Buyer: Maritza Suarez
Phone: (305) 416-1907
Fax: (305) 416-1925
Prepared By: Aimee Gandarilla, 5/15/12
A CONTRACT AWARD SHEET INSTRUCTIONAL GUIDE TO ASSIST YOU WITH THE INFORMATION
CONTAINED HEREIN IS AVAILABLE IN THE ISUPPLIER INFORMATION SECTION OF OUR WEBPAGE AT:
www.miamigov.com/procurement
ro.
FHOfvl
CITY OF MlAMI, FLOFlIDA
ALL DEPARTMENT DIRECTORS
and CONTRACT LIAISONS
Kenneth Robertson, Director
Purchasing Department
DATE:
SUB,JEer:
filTEHENCI:S :
1:I~CLOSLJHt:S:
May 15,2013 FILE:
Swimming Pool Chemicals &
Supplies & Bulk Liquid Chlorine &
Storage Tank Rental
Bid No. 260254(16)
SECOND RENEWAL
Please find enclosed a copy of the recently approved second renewal term contract for the
Swimming Pool Chemicals & Supplies & Bulk Liquid Chlorine & Storage Tank Rental.
Using department is urged to carefully review the contract in detail to become familiar with its
prices, terms and conditions, and items awarded. If your department is unable to locate a
particular item on the contract, please contact the appropriate Buyer for assistance. No other
goods or services can be purchased under this contract except those specified in the contract.
When requesting this commodity or service, the Bid No., Resolution No. and the
corresponding catalog item numbers must be cited in the requisition.
Should any using department experience any difficulties with the contractof, please document the
matter and immediately advise Maritza Suarez, Procurement Supervisor, at (305) 416-1907 fOf
assistance.
QI itt! of 4f:lft iaUli
CONTRACT AWARD
SECOND RENEWAL
BID NO.: 260254(16)
DESCRIPTION: SWIMMING POOL CHEMICALS & SUPPLIES & BULK LIQUID
CHLORINE & STORAGE TANK RENTAL
CONTRACT PERIOD: JUNE 6, 2011 THROUGH JUNE 5, 2012
FIRST RENEWAL: JUNE 6, 2012 THROUGH JUNE 5,2013
SECOND RENEWAL: JUNE 6, 2013 THROUGH JUNE 5,2014
TERM OF CONTRACT: ONE (1) YEAR W/OTR FOR FOUR (4) ADDITIONAL ONE-
YEAR PERIODS
COMMODITY CODE:
ISECTION #1 -VENDOR AWARD
Commercial Energy Specialists, Inc.
(Group 1)
860 Jupiter Park Dr.
Jupiter, FL 33458
Contact: Alvaro Mendoza
Phone: (800) 940-1557
Fax: (561) 746-5898
Email: amendoza@ceswaterquality.com
rbaker@cesmail.org
988
Pro Star Pool Supplies
(Group 2)
PO Box 970041
Coconut Creek, FL 33097
Contact: Dennis Miller
Phone: (561) 488-7023
Fax: (561) 482-0791
Email: dmm-23@comcast.net
info@prostarpoolsupplies.com
ISECTION #2 -AWARD/BACKGROUND INFORMATION/APPLICABLE ORDINANCES/NOTES
C.C. AWARD DATE: MAY 26,2011
RESOLUTION NO: 11-0217
ANNUAL CONTRACT AMOUNT: N/A
Note: Funds allocated from the various sources
of funds from the user departments and agencies,
subject to availability of funds and budgetary
approval at the time of need.
AMENDED AMOUNT:
INSURANCE REQUIREMENTS:
PERFORMANCE BOND:
APPLICABLE ORDINANCES:
N/A
N/A
N/A
N/A
Please find enclosed a copy of the recently approved second renewal term contract for the swimming pool
chemicals & supplies & bulk liquid chlorine & storage tank rental.
ISECTION #3 -REQUESTING DEPARTMENT
CITY DEPARTMENTS
Contract Administrator: Maria De Cardenas
Phone: (305) 960-3004
Fax: (305) 400-5360
ISECTION #4 -PROCURING AGENCY
CITY OF MIAMI, PURCHASING DEPARTMENT
Buyer: Maritza Suarez
Phone: (305) 416-1907
Fax: (305) 416-1925
Prepared By: Aimee Gandarilla, 5/15/13
A CONTRACT AWARD SHEET INSTRUCTIONAL GUIDE TO ASSIST YOU WITH THE INFORMATION
CONTAINED HEREIN IS AVAILABLE IN THE ISUPPLIER INFORMATION SECTION OF OUR WEBPAGE AT:
www.miamigov.com/procurement
CONTRACT
THIS AGREEMENT made and entered into this _ day of ,2014, by and between the
City of South Miami, a Florida municipal Corporation (hereinafter referred to as "City") and Commercial Energy
Specialists, Inc., (hereinafter referred to as "Contractor").
WITNESSETH:
WHEREAS, the City of Miami solicited bids, pursuant to IFB [Invitation to Bid] #260254 (16), for Pool
Chemical, Liquid Chlorine & Storage Tank Rental; and
WHEREAS, the City of Miami, after completing a competitive bidding process, awarded a contract to
Commercial Energy Specialists, Inc; and
WHEREAS, the City of South Miami desires to utilize the City of Miami contract pursuant to IFB
#260254 (16), and pursuant to authority of the City of South Miami's Charter.
NOW, THEREFORE, the City and the Contractor, each through their authorized representative/official,
agree as follows:
1. The City desires to enter into a Contract, for Pool Chemical, Liquid Chlorine & Storage
Tank Rental, under the same terms and conditions as set forth in IFB #260254 (16) and the agreement
between City of Miami and Commercial Energy Specialists, Inc, pursuant IFB #260254 (16).
2. The City has reviewed the contract and agrees to the terms and conditions and further agrees
to the fair and reasonableness of the pricing. Contractor hereby agrees to provide such services under the same
price(s), terms and conditions as IFB #352301 (18)and the agreement between City of Miami and Elifeguard,
Inc., pursuant IFB #260254 (16), a copy of which, including any amendments thereto, is attached hereto and
made a part hereof by reference.
3. All references in the contract between City of Miami and Commercial Energy Specialists,
Inc., shall be assumed to pertain to, and are binding upon Contractor and the City of South Miami. All
decisions that are to be made on behalf of the City, as set forth in the City of Miami IFB and its agreement with
Commercial Energy Specialists, Inc., shall be made by the City Manager for the City of South Miami. The
term of the contract, including all extensions authorized by the contract shall not exceed five years.
Notwithstanding anything contained in the IFB or the City of Miami contract to the contrary, this agreement
shall be governed by the laws of the State of Florida and venue for all dispute resolutions or litigation shall be
in Miami-Dade County, Florida.
IN WITNESS WHEREOF, and as the duly authorized act of the parties, the undersigned representatives
of the parties hereto have caused this instrument to be signed in their respective names by their proper officials and
to be attested by their respective Clerks the day and year first above written.
ATTEST: CITY OF SOUTH MIAMI
By: ____ ~--------~~--------------By:----------------~--~-----
Maria M. Menendez, CMC Steven Alexander
City Clerk City Manager
Read and Approved as to Form, Language,
Legality and Execution Thereof
By: _____ _
Thomas F. Pepe
City Attorney
VENDOR
By: _______________________ _
(type name and title of signatory above)