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Res No 151-20-15591RESOLUTION NO. 151-20-15591 A Resolution authorizing the City Manager to purchase six vehicles from Alan Jay Fleet Sales, purchase and install of emergency equipment with Public Safety Supply and purchase decals and installation from Graphics Design. WHEREAS, the Mayor and City Commission wish to purchase six (6) new 2021 Dodge Chargers and emergency equipment installed for the Police Department, and WHEREAS, the Police Department through its fleet management program wishes to replace 9 and 10 year olds vehicles with high mileage from its fleet; and WHEREAS, Alan Jay Fleet Sales was awarded the alternate bid by the Florida Sheriffs Association Southern District for Dodge Chargers; and WHEREAS, Public Safety Supply will be utilized for the purchase of emergency equipment and installation for aforementioned vehicles via a piggyback agreement utilizing City of Miami contract # 516388(21); and WHEREAS, the cost of the six (6) police vehicles, emergency equipment and graphics will not exceed $245,000; which will be charged to account 001-1910-521-6490, Capital Improvement (Vehicles and Equipment), with a current balance of $245,000. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section I: The City Manager is authorized to purchase six (6) Dodge Chargers Police Vehicles from Alan Jay Fleet Sales, through a piggyback agreement from the Florida Sheriffs Association Contract No FSA 20- VEL-28.0 and purchase and install emergency equipment from Public Safety Supply through a piggyback agreement from the City of Miami contract # 516388(21) and graphics from Graphic Designs International as approved in the 2020-2021 budget. 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, this holding shall not affect the validity of the remaining portions of this resolution. Section 3: This resolution shall take effect immediately upon approval. PASSED AND APPROVED this 2nd day of November, 2020. ATTEST: �4 CAL P CITY!,CLERK' READ AND APPROVED AS TO FORM, LANGUAGE, LEGALITY AND EXECUTION THEREOF CITY TORN APPROVED: c �jl MAYOR�Nf COMMI VOTE: 5-0 Mayor Phillips: Yea Vice Mayor Welsh: Yea Commissioner Liebman: Yea Commissioner Gil: Yea Commissioner Harris: Yea Agenda Rem No:3. City Commission Agenda Item Report Meeting Date: November 2, 2020 Submitted by: John Barzola Submitting Department: Police Department Rem Type: Resolution Agenda Section: Subject: A Resolution authorizing the City Manager to purchase six (6) vehicles from Alan Jay Fleet Sales, purchase and install of emergency equipment with Public Safety Supply and decals and installation from Graphics Design. 3/5 (City Manager -Police Dept.) Suggested Action: Attachments: FY_2021_Police Vehicle_Equipment_Purchase_CM_Memo.docx FY 2021 6Vehicle purchase from Alan Jay reso w numbers.docx FSA20VEL28_Police Rated Hybrid_251.pdf 251_LDDE48_CHARGER_POLICE_RWD_V8(1).pdf 251_DODGE_LDDE48_CHARGER_PURSUIT V8_RWD (1).pdf IFB 516388_SUPPLIER_US.pdf Resolution No.002-20-15442 & Contract.pdf SOUTH MIAMI PD PROPOSAL Graphics (FORD POLICE INTERCEPTOR SUV KIT).docx Third & Final City of Miami Renewal. pdf CITY OF SOUTH MIAMI South Miami OFFICE OF THE CITY MANAGER THE CITY OF PLEASANT LIVING INTER -OFFICE MEMORANDUM To: The Honorable Mayor & Members of the City Commission FROM: Shari Karnali, City Manager DATE: November 2, 2020 SUBJECT: A Resolution authorizing the City Manager to purchase six (6) vehicles from Alan Jay Fleet Sales, purchase and install of emergency equipment with Public Safety Supply and decals and installation from Graphics Design. BACKGROUND: As part of the Police Departments on -going fleet management program and replacing vehicles with high mileage and reaching 9-10 years of service life the purchase of six (6) new vehicles utilizing the Florida Sheriffs Association Cooperative Purchasing Program will help augment the police fleet. All six (6) of the vehicles will be 2021 Dodge Charger Police. The vehicles will be purchased from Alan Jay Fleet Sales who was awarded the alternate bid for the southern area of Florida utilizing a piggy back agreement from the Florida Sheriffs Association (FSA) Contract # FSA 20- Vel-28.0, purchase and install of emergency equipment from Public Safety Supply through a piggy back agreement from the City of Miami contract # 516388(21) and purchase and install of graphics from Graphic Design International. Amount: Not to exceed $245,000 Account: The cost of the six (6) police vehicles, emergency equipment and graphics will not exceed $245,000 and will be charged to account 001-1910-521- 6490, Capital Improvement (Vehicles and Equipment), with a current balance of $245,000. ATTACHMENTS: Resolution with and without numbers FSA Price Sheet Public Safety Supply City of Miami Contract FSA20-VEL28.0, Pursuit, Administrative and Other Vehicles Group: Police Rated & Police Hybrid Vehicles Item: 251, Dodge, Charger V8 Police Rated Sedan RWD , LDDE48 Zone Rank Vendor Price Build File Options File Western Primary Garber Chrysler Dodge Truck, Inc. $25,546.00 Build Options Alternate Alan Jay Chrysler Jeep Dodge of Wauchula $25,607.00 Build Options Northern Primary Garber Chrysler Dodge Truck, Inc. $25,446.00 Build Options Alternate Alan Jay Chrysler Jeep Dodge of Wauchula $25,507.00 Build Options Central Primary Garber Chrysler Dodge Truck, Inc. $25,496.00 Build Options Alternate Alan Jay Chrysler Jeep Dodge of Wauchula $25,507.00 Build Options Southern Primary Garber Chrysler Dodge Truck, Inc. $25,546.00 Build Options Alternate Alan Jay Chrysler Jeep Dodge of Wauchula $25,607.00 Build Options 4 Alan Jay Fleet Sales (863)402-4234 Vehicle: [Fleet] 2021 Dodge Charger (LDDE48) Police RWD (4 Complete) Window Sticker SUMMARY [Fleet] 2021 Dodge Charger (LDDE48) Police RWD Interior:Black, Heavy Duty Cloth Bucket & Rear Bench Seats Exterior 1:White Knuckle Clearcoat Exterior 2:No color has been selected. Engine: 5.7L V8 HEMI MDS VVT Transmission: 8-Speed Automatic (8HP70) OPTIONS CODE MODEL LDDE48 [Fleet] 2020 Dodge Charger (LDDE48) Police RWD OPTIONS 26A Quick Order Package 26A X5X9 Black, Heavy Duty Cloth Bucket & Vinyl Rear Bench DFK Transmission: 8-Speed Automatic (8HP70) EZH Engine: 5.7L V8 HEMI MDS VVT GXQ 2 Additional Non -Key Alike Fobs LNF Black Left Spot Lamp LNX LED Spot Lamps PW7 White Knuckle Clearcoat TWW Tires: P22516OR18 BSW Performance SUBTOTAL Adjustments Total Destination Charge TOTAL PRICE FUEL ECONOMY E;: City:17 (2019) MPG Est Highway:26 (2019) MPG Est Highway Cruising Range:481.00 mi This document contains information considered Confidential between GM and its Clients uniquely. The information provided is not intended for public disclosure. Prices, specifications, and availability are subject to change without notice. and do not include certain fees, taxes and charges that may be required by law or vary by manufacturer or region. Performance figures are guidelines only, and actual Performance may vary. Photos may not represent actual vehicles or exact configurations. Content based on report preparer's input is subject to the accuracy of the input provided. Data version, 11650. Data Updated: Aug 16, 2020 10:22:00 PM PDT. Aug 19, 2020 Page 5 Standard Features - .. Code Description JKW 12V Center Console Power Outlet JCC 160 MPH Primary Speedometer NLO 18.5 Gallon Fuel Tank WEJ 18X7.5 Steel Wheels DLL 2.62 Rear Axle Ratio BAJ 220 Amp Alternator DR3 220MM Rear Axle EZH 5.71- V8 HEMI MDS VVT Engine NAS 50 State Emissions RCG 6 Speakers RFJ 7.0" Touch Screen Display DFK 8-S d Auto 8HP70 Transmission BCF 800 Amp Maintenance Free Baftery GAP lAlumn Acous0c Front Door Glass GAK Acoustic Windshield CBD Active Head Restraints CG3 Advanced Multistage Front Air Bags HAD Air Cond'in w/Dual Zone Temp Cntrl JMA Air Filtering BNP All Speed Traction Control X8N Front Suspension Parts Module RFP Apple CarPla LMG Automatic Headlamps DHD AutoStick R Automatc Transmission CHK Base Headliner Module LMC Bi-Function Halogen Projector H/Lam MFA Black Headlamp Bezels XSB Black Interior Accents CKJ Black Vinyl Floor Coverin MNK Body Color Door Handles LEP Body Color Exterior Mirrors MRC Bod color Lower Bod side Cladding XBX Brake & Knuckle Parts Module BGE Brake Assist XSL Brake/Park Interlock MT1 Bright Charger Badge WMH Bright Hub Caps XJM Ca less Fuel Fill w/o Discriminator CKM Caro Compartment Dress -Up CGS Center Rear 3-Point Seat Belt CF4 Child Seat Upper Tether Anchorages LPA CHMSL Lam CV8 Column Mount Automatic Shift Lever Report Generated On August 19, 2020 7:35 AM R Page 1 of 4 Standard Features - .. Coda Ji,: ompass Gauge DS8 Conventional Differential Rear Axle LAT Custom Defined Color Display Monitor X82 Door Parts Module JJB Dual Note Electric Horns NER Dual Rear Exhaust SBL Electric Power Steering BNS Electronic Roll Mitigation BNB Electronic Stability Control XAX Hour Meter XXW -Engine Engine Mount Heat Shield NHA Engine Oil Cooler CFW Fixed Rear Seat GBC Front & Rear Solar Control Glass LCK Front Dome Lam X8W Front Fascias Parts Module CGD Front Height Adjust Shoulder Belts LAX Front Passenger Seat Belt Alert X89 Front Suspension Damper Parts Module X84 Front Suspension Parts Module TBW Full Size Spare Tire MCH Gloss Black Fascia Applique MAE Gloss BIK Grille -Gloss Blk Xhairs LBC Glove Box Lam TZA Goodyear Brand Tires RF5 Goo le Android Auto JLP GPS Antenna Input Z1F GVW Rating -5500# `C8 HD Cloth Bucket & Rear Bench Seats SDB Heavy Duty Suspension NZ5 High Speed Engine Controller BNG Hill Start Assist BPT Hydraulic Assist Brake Booster JKK Inside Emergency Trunk Lid Release JAA Instrument Panel X81 Instrument Panel Parts Module RTF Integrated Center Stack Radio XRB Integrated Voice Command w/Bluetooth RDL Integrated Window Antenna SCV Leather Wrapped Steering Wheel LM5 LED Daytime Running Lamps SER Load Leveling and Height Control RS6 Media Hub 2 USB, Aux Report Generated On August 19, 2020 7:35 AM 7 Page 2 of 4 Standard Features - .. Code Description CUM Mini Floor Console APA Monotone Paint RG8 No Radio Amplifier XAB Non Ad'ustable Pedals LAH Outside Temp Display TW W P225/60R18 BSW Performance Tires XAA ParkSense Rear Park Assist System XAC ParkView Rear Back-up Camera _ CSR Passenger Assist Handles NEA Performance Exhaust BR9 Police ABS 4-Wheel Hd Disc Brakes AHB Police Group JPS Power 6-Way Driver Seat JKY Power Accessory Delay GTF Power Mirrors w/Manual Foldaway X87 Power Train Parts Module JPC Power Trunklid Release GX4 Pushbutton Start JP3 Pwr Front Windows, I-Touch,Up B Down XSK _ R134A A/C Refrigerant BHC Rain Brake Support BHD Ready Alert Braking_ GXT Rear Door Child Protection Locks X8U Rear Fascias Parts Module X91 Rear Suspension Damper Parts Module X85 Rear Suspension Parts Module GNA Rear View Day/Night Mirror GFA Rear Window Defroster LHL Remappable Steering Wheel Buttons GXD Remote Proximity Keyless Entry AXR Secure Park GXX Sentry Key Theft Deterrent System XDK _ Severe Duty Engine Cooling GAM Solar Control Glass AHV _ Special Service Group NHM Seed Control JPH Seed Sensitive Power Locks LNO Sot Lamp Wiring Prep. RDZ iTilt/Limited Steering Wheel Mounted Audio Clrls GNC Sun Visors Wilum Vanity Mirrors CJ2 Supp. Side Curtain Frt/Rr Air Bags CA Supplemental Frt Seat Side Air Bags SUE Telescope Steering Col Report Generated On August 19, 2020 7:36 AM R Page 3 of 4 _ Code _ _ _ AbN Description Tip Start _ Tire & Wheel Parts Module X88 XGM Tire Pressure Monitoring Display LDC Trunk Lam UAG Uconnect 4 with 7' Display.._ RF7 USB Host Flip JHA Var Intermittent Windshield Wipers CKL IVinyl Trunk Liner & Cover Report Generated On August 19, 2020 7:36 AM 9 Page 4 of 4 • • .. . — — ——��a�ET �� DES 863-402-4234 chnstv.self@alaniay.com chns.wilson@alan6ay.com scott.wilson@alaniay.com ALL PRICES INCLUDE FREIGHT AND INSTALLATION Specification AK9 HA-2520 K9 HEAT ALARM® PRO temperature alarm system includes horn activation, siren activation, light activation and dual $3,135.00 window drop. Includes no K9 left behind engine stall sensor, optional 10" fan with guard, carbon monoxide detector, smoke detector, and remote pager module for heat alarm pro, roofmount 10" fiberglass mast antenna, NMO mount, coax cable, and coupler box. AK9 HP-5020 Ace K9 K9 Hot-N-Pop® PRO temperature alarm & door opening system includes horn activation, siren activation, light $3,990.00 activation, dual window drop and one door pop remote with holster. Includes no K9 left behins, engine stall sensor, optional 10" fan with guard carbon monoxide detector, smoke detector, and remote pager module for hot-n-pop pro, roof mount 10" fiberglass man antenna, NMO mount, mart cable, and coupler box. AW D 7040 Upgrade to AmWalchDogr^' for use with Pro Alarm Systems AmWatchDugT- Server Service is $16800 Per Year and the First $1,135.00 Year is Included with New Unit. More Info: www.acek9.mm/awd.html (Must Complete End User Questionaire from ACE/K9 when placing order) B&W-D&R Dealer provided Black & White paint job on factory ordered Black vehicle, DOORS and ROOF painted white, mirrors and $1.910.00 handles m remain black. B&W-DO Dealer provided Black & White paint job on factory ordered Black vehicle. DOORS ONLY painted white, mirrors and handles $1,470.00 to remain black. 3BLS 3rd brake light safety sulse(Pulses 3rd brake light(4) times upon application of brake pedal to increase driver awareness behind $215.00 you when stopping) 3K SMART 3rd kin and remote for vehicles with proximityaccess. $380.00 3KR Additional key and remote, cut and programmed. $240.00 D"12 SDN Deep tint film installed on front two door glass only. $185.00 DTF SDN Deep tint film installed on all side and rear glass. $285.00 LIMO Upgrade tint to LIMO on all tinted surfaces S105 00 SAFE-T Amerex 5lb Fireextinguisher, First Aide Only first aid kit, and King James & Co road triangles $275.00 806-1206-SDN XANTREX 600 W pure sine inverter mounted under passenger seat with ignition sourced remote / user control mounted on $565.00 dash. (Alternate mounting location may be required due to clearance.) Includes freight and installation, appropriate gauge wire for distance from battery, heat shrink connectors and wire loom. 806-1210-SDN XANTREX I o00W pure sine inverter mounted in trunk space with ignition sourced remote / user control mounted on dash. $725.00 (Alternate mounting location may be required due to clearance.) Includes freight and installation, appropriate gauge wire for distance from lottery, heat shrink connectors and wire loom. 851-0451-SDN XANTREX Xpower 450W inverter mounted under passenger seat. (Alternate mounting location may be required due to $435,00 clearance.) Includes freight and installation, appropriate gauge wire for distance from battery, hcat shrink connectors and wire loom AA 1 /3-2/3 American Aluminum 1 /3 inmate & 2/3 K9 system includes rubber mat, matte black powder mat & white interior cage light. $3,790.00 Vehicle specific kennel manufacturered from heavy gauge aluminum designed for easy cleaning and officer comfort, installed. AA RUBBER American Aluminum additional vehicle specific rubber mat (K9 systems include rubber mat). $165.00 AA WATER American Aluminum permanent mount spill resistant water dish with I gallon capacity. $140.00 GJ CHA-CM Gamber Johnson pedestal system laptop stand kit (cradle not included). S915.00 GJ CHA-CON Gamber Johnson 10.5" emergency console includes leg kit, cupholder, armrest, (3) DC outlet faceplate, and necessary blank $975.00 plates. GJ CHA-CON-MON Gamber Johnson I OS' emergencv console includes cupholder, armrest, (3) DC outlet faceplate, mongoose computer mount $1 345.00 motion attachment (cradle not included), and necessary blank plates. HAV CHA-CM-PREM Havis passenger seat mount computer mount stand, premium with slide feature. (cradle sold separately) $915.00 Specification # 251 10 / ,"FLORI DA - - - -FLEET SALES 863-402-4234 \`U christy.self@aIan0ay.com chrismilson@alaniay.com scottmilson@alaniay.com ALL PRICES INCLUDE FREIGHT AND INSTALLATION HAV CHA-CM-STD Havis passenger seat mount computer mount stand, standard. (crudle sold separately) FIAV CHA-CON 17 Havis I7"L x 1011 console includes mounting, side mount armrest. (3) DC power outltes. (2) cup holders, and necessary blanks. HAV CHA-CON24 Havis 24"L x I0"H console includes mounting, side mount am rest, (3) DC power ouches. (2) cup holders, and necessary blanks. HAV CHA-K9 Havis K9 Transport system powder coated white. PG CHA-12CAGE Pro -Gard single compartment prisoner cage, Pro-Cel h Partition for passenger side. PG CHA-I /2C.-AGE-OSB Pro -Gard single compartment prisoner cage, Pro-Cel Yv Partition for passenger side with o0icer safe scat belt. PG CHA-DOOR-ABS Pro-gard ABS door panels. PG CHA-FLi. ❑ 1R-PAN Pro-gard charcoal grey ABS floor pan. PG CHA-PART Pro-gard partition includes poly center slider window with expanded metal insert and lower extension panel. PG CHA-PAR ;--RECESS Pro-gard space saver plus RECESSED panel prisoner transport partition with lover extension panels PG CHA-PUSH Pro-gard HD Charger push bumper. PG CHA-SEf-CONT Pro-gard charcoal grey ABS contoured prisoner scat (features contoured, padded back) and outboard scat belts. PG CHASEAT-STR Pro-gard charcoal grey ABS standard prisoner seat (features straight back) and outboard seat belts. PG CHA-SUIT. Pro-gard steel window bars (for use with O.E.M_door panels only) SET CHA 111CAGE Selina 6VS single prisoner transport cage, coated polycarbonate window with OEM seat. SEf CHA-FD )OR -PAN Selina I PO plastic floor pan SET CHA-PART-I OVS Selina I OVS C prisoner cage with uncoated polvcarbonate, vinyl coated expanded metal window security screen, and lower extension panels. SET CHA-PART-8VS Selina 8VS prisoner cage with 12 uncoated polvearbonate, 1/2 winyl coated expanded metal and lower extension panels. SET CHA-PART-RECESS- Setim I OVS C RESESSED panel prisoner cage with uncoated polycarbonate, vinyl coated expanded metal window security IOVS screen, and lower extension panels. SET CHA-PART-RECESS- Selina 8VS RESESSED panel prisoner cage with 12 uncoated polyearbonate, 12 winyl coated expanded metal and lower 8VS extension panels. SET CHA-PB Selina push bumper. SET CHA-PB450L2 Selina lighted push bumper with (2) forward facing ION LED lights, installed. SET CHA-PH450L4 Selina lighted push bumper with (2) forward facing LED lights & (2) side facing LED lights, installed. SET CHA-SCAT-FULL Selina full replacement transport seat TPO plastic with center pull belts. SET CHA-SN+B Selina window armor bars. SET CHA-SWB Selina door panels, SET CHA-TRAY Selina aluminum electronics trunk tray. U"LI001 Havis universal laptop tray. GJ-CRADLE Gamber Johnson universal laptop bay. 2PAY Issuance of purchase order against this quotation reflects understanding of the terms within and that the purchaser is to pay in accordance with Title XIV Chapter 218 Florlda State Statutes, per 218.70 - Prompt Payment Act. Specification to 251 $545.00 $890.00 $815.00 $3,985.00 $2,955.00 $3,215.00 $340.00 $510 00 $1,375.00 $1.505.00 $765.00 $1,250.00 $1250.00 S46O.00 $1.690.00 5520 00 $1230.00 $1,085.00 $1,280.00 $1.190 00 $820.00 $1,320.00 $1565.00 $1,340.00 $455.00 $480.00 $695.00 $310.00 $360.00 $0 00 11 --J AEOWJ _ __fVrX •.LORIDP 863-402-4234 \ christv.self@alaniay.com chris.wilson@alaniay.com scott.wilson@alaniay.com ALL PRICES INCLUDE FREIGHT AND INSTALLATION MAN -UP All manufacturers upgrades will be offered in accordance with Terms and Conditions 2.13 OPTION PRICING, the upgrade will be calculated by the net difference between dealer cost on the representative base vehicle (bid price) and the total MSRP of the requested option modifying the vehicle. Acopy of the window sticker and standard equimpment list to illustrate MSRP option prices will be provided to customer with each contract conforming quote (SEE TERMS AND CONDITIONS). NEW -TAG New tag Includes temp tag & two way overnight shipping for signature -(specify state, county, city, sheriff, etc.) OEM-COMPAT Factory options many not be compatible with one another. Please request a formal quote in accordance with FSA contract guidelines from Alan Jay Fleet to ensure compatibility & improve transactional integrity. RPO-FSA All regular and factory production options to be offered at $I discount From MSRP in accordance with Terms and Conditions 2.13 OPTION PRICING. A copy of the window sticker and standard equimpment list to illustrate MSRP option prices will be provided to astomer with each contract conforming quote (SEE TERMS AND CONDITIONS). "TEMP -FAG Temporary tag TRANS -TAG Transfer existing registration Includes temp tag & two way overnight shipping for signature. (must provide tag number) EWA Price to be quoted at Florida Mandatory Sales Price. Warranties available through: Ford ESP, GMPP, NISSAN- IM&A. MOPAR. PRICES TO BE QUOTED FOR SPECIFIC VEHICLE AND POWER TRAIN COMBINATION. NICO Any Option not listed in this price schedule may be added in accordance with contract guidelines (not to exceed MSRP). 'FP CHA-COMP-SA 7 ROY PRODUCTS 2011+Charger stand alone passenger seat mount computer stand with swing arm (DOCKING STATION NOT INCLUDED). TP CHA-COMP-SL TROY PRODUCTS 2011+Charger stand alone passenger seat mount computer stand with SLIDING arm (DOCKING STATION NOT INCLUDED). TP CHA-CON22 TROY PRODUCTS 22" level console. Includes faceplates, 4" dual cup internal beverage holder 4" shallow console tray, 2" face plate pre -punched w/ holes for (2) DC outlets & (I) dual -port USB module & height adjustable swivel am rest with 5"x8" foam pad that bolts to rear of console. TP CHA-ELEC-TRAY TROY PRODUCTS flip -down wheel well electronics tray. 'IP CHA-PART-FIX TROY PRODUCTS fixed window all poyl carbonate partition with pre -punched holes and weapon recess panel. Includes mounting kit & partition kick panels with big foot pockets for Charger. TP CHA-PART-SLIDE TROY PRODUCTS large window partition with sliding window, crawl -through barrier and weapon recess panel, Includes mounting kit & partition kick panels with big foot pockets for Charger. "IP CHA-SEAT TROY PRODUC"IS rear plastic seat with Officer -Safe seat belt system. TP CHA-SWB TROY PRODUCTS driver & passenger welded vertical bar window guards. Specification» 2S1 $0.00 $315.00 $0.00 $0.00 S55 00 $250.00 S0 00 $0.00 S595.00 $720.00 $950.00 $335.00 SI 555,00 $1,430.00 S 1060.00 $390.00 12 Alan Jay Fleet Sales (863)402-4234 Vehicle: (Fleet] 2021 Dodge Charger (LDDE48) Police RWD (4 Complete) Optional Equipment CODE DESCRIPTION PRICE COMP Contact Dealer for compatibility of options prior to placing order. $0.00 RPO FSA All Regular And Factory Production Options to be offered at discount from MSRP, Copy of $0.00 Window Sticker Standard equimpment list and MSRP option prices to be provided to customer with each contract conforming quote. If a model upgrade or downgrade model is requested that is not otherwise available as another specification in the contract the model upgrade/downgrade will be offered as an additional option in accordance with the Terms and Conditions. ENGINE CODE DESCRIPTION PRICE EZH Engine: 5.71- V8 HEM[ MDS VVT (STD) $0.00 TRANSMISSION CODE DESCRIPTION PRICE DFK Transmission: 8-Speed Automatic (8HP70) (STD) S0.00 TIRES CODE DESCRIPTION PRICE TWW Tires: P225/60R18 BSW Performance (STD) $0.00 TYL Tires: 245/55R18 BSW Performance -inc: Goodyear Brand Tires $179.00 Aug 17, 2020 pap 13 Alan Jay Fleet Sales (863)402-4234 Vehicle: [Fleet] 2021 Dodge Charger (LDDE48) Police RWD ( Complete) PRIMARY PAINT CODE DESCRIPTION PRICE PSE Triple Nickel Clearcoat $0.00 PW7 White Knuckle Clearcoat $0.00 PWL White Gold Clearcoat $499.00 PX8 Pitch Black Clearcoat $0.00 SEAT TYPE CODE DESCRIPTION PRICE C8X9 Black, Heavy Duty Cloth Bucket & Rear Bench Seats $0.00 X5X9 Black, Heavy Duty Cloth Bucket Seats wNinyl Rear $119.00 ADDITIONAL EQUIPMENT - PACKAGE CODE DESCRIPTION PRICE AEB Street Appearance Group -inc: Front Reading/Map Lamps, 18" Wheel Covers, Dual Remote $374.00 USB Port - Charge Only, Front/Rear Climate Control Outlets, Media Hub (2 USB, AUX), Rear Shelf Silencer Insulation, Power Heated Mirrors w/Man F/Away, Exterior Mirrors w/Heating Element, Floor Carpet, Front & Rear Floor Mats, Illuminated Front Cupholders AHM Convenience Group I -inc: Power Adjustable Pedals, Power Driver/Passenger 4-Way Lumbar $479,00 Adjust, Power Front Driver/Passenger Seats AV2 Integrated Display Package -inc: Radio: Uconnect 3C w/8.4" Display, 12.1" Integrated Display $2,239.00 Screen, Nav-Capablel See Dealer for Details AWC Fleet Safety Group -inc: Blind Spot Power Fold Pursuit Mirrors, Exterior Mirrors w/Heating $349.00 Element, Blind Spot & Cross Path Detection AYE Patrol Package Base Prep -inc: Siren Speaker & Bracket, Trunk Tray & Cooling Fan, Power $1,999.00 Distribution Center, Front & Rear Wire Harness AYJ Max Flow Package -inc: Lower Grille Texture - Police $149.00 AYW Patrol Package Wring Prep Package -inc: Power Distribution Center, Front & Rear Wire $1,149.00 Harness ADDITIONAL EQUIPMENT - MECHANICAL CODE DESCRIPTION PRICE DR3 220MM Rear Axle STD NHK Engine Block Heater $94.00 NHK Engine Block Heater $0.00 Aug 17. 2020 Pal 14 Alan Jay Fleet Sales (863)402-4234 Vehicle [Fleet] 2021 Dodge Charger (LDDE48) Police RWD (4 Complete) ADDITIONAL EQUIPMENT - EXTERIOR CODE DESCRIPTION PRICE GUK Power Heated Mirrors w/Man F/Away -inc: Exterior Mirrors w/Heating Element $59.00 LNA Matching Right Spot Lamp $209.00 LNF Black Left Spot Lamp Inc. LNX LED Spot Lamps Inc. MDA Front License Plate Bracket $0.00 MSY Delete Badge -inc: Dodge Grille Badge $0.00 NZE Base Engine Controller-inc: Limits top speed to 129 mph $0.00 TBF Delete Spare Tire -inc: Tire Service Kit *CREDIT* ($25.00) TBH Full Spare Tire Relocation Bracket $144.00 W8A 18" Wheel Covers $39.00 ADDITIO VAL EQUIPMENT - INTERIOR CODE DESCRIPTION PRICE CBT Steel Seat Back Panel Inserts $134.00 CK9 Delete Carpet -inc: Replace Full Console w/Mini Console $0.00 CKD Floor Carpet -inc: Front 8 Rear Floor Mats $124-00 CKJ Black Vinyl Floor Covering STD CM8 Replace Full Console w/Mini Console $0.00 CUG Police Floor Console $749.00 CW6 Deactivate Rear Doors/Windows $74.00 GXA Entire Fleet Alike Key (FREQ 2) $139.00 GXE Entire Fleet Alike Key (FREQ 3) $139.00 Aug 17, 2020 Pec 15 Alan Jay Fleet Sales (863)402-4234 Vehicle: [Fleet] 2021 Dodge Charger (LDDE48) Police RWD ( , Complete ) ADDITIONAL EQUIPMENT - INTERIOR CODE DESCRIPTION PRICE GXF Entire Fleet Alike Key (FREQ 1) $139.00 GXG Entire Fleet Alike Key (FREQ 4) $139.00 HGC Rear Shelf Silencer Insulation $39.00 LBG Front Reading/Map Lamps $74.00 LSA Security Alarm $149.00 XDG Passenger Side Ballistic Door Panel $2,349.00 XDV Drive Side Ballistic Door Panel $2,349.00 XFX Equipment Mounting Bracket $99.00 YEP Manufacturer's Statement of Origin $0.00 Prices, specifications, and availability are subject to change without notice. and do not include certain fees, taxes and charges that maybe required bylaw or vary by manufacturer or region. Performance figures are guidelines only, and actual performance may vary. Photos may not represent actual vehicles or exact configurations. Content based on report preparers input is subject to the accuracy of the input provided. Data Version: 11656. Data Updated: Aug 16, 202010:22:00 PM PDT. Aug 17, 2020 Pal; 16 City of Miami Invitation for Bid (IFB) IFBNumber: Title: Issue Date/Time: IFBClosing Date/Time: Pre-Bid/Pre-Proposal Conference: Pre-Bid/Pre-Proposal Date/Time: Pre-Bid/Pre-Proposal Location: Deadline for Request for Clarification: Contracting Officer: Hard Copy Submittal Location: Contracting Officer E-Mail Address: Contracting Officer Facsimile: Procurement Department Miami Riverside Center 444 SW 2"d Avenue, 61" Floor Miami, Florida 33130 Web Site Address: www.miamigov.com/procurement 516388 IFB for Purchase and/or Installation of Municipal Vehicle Equipment -Citywide 21-SEP-2015 14-OCT-2015 @ 15:00:00 None Tuesday, September 29, 2015 at 3:OOPM Falcon, Eduardo City of Miami - City Clerk 3500 Pan American Drive Miami FL 33133 US efalcon@miamigov.com 305-400-5390 Page 1 of 52 17 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 180 days following the time set for closing of the submissions. In the event of errors in extension of totals, the unit prices shall govern in determining the quoted prices. We (I) 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 (I) certify that any and all information contained in this submission is true; and we (I) 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 (I) 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: PROPOSER NAME: ADDRESS: PHONE: EMAIL: SIGNED BY: TITLE: RESPONSE, FAX: CELL(Optional): DATE: Page 2 of 52 18 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: Will Subcontractor(s) be used? (Yes or No) If subcontractor(s) will be utilized, provide their name, address and the the portion of the work they will be responsible for under this contract (a copy of their license(s) must be submitted with your bid response). If no subcontractor(s) will be utilized, please insert N/A.: Please list and acknowledge all addendum/addenda received. List the addendum/addenda number and date of receipt (i.e. Addendum No. 1, 7/l/07). If no addendum/addenda was/were issued, please insert N/A. Reference No. 1: Name of Company/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. 1: Address, City, State, and Zip for above reference company/agency listed: Page 3 of 52 19 Reference No. 1: Name of Contact Person and Telephone Number for above reference no. I Reference No. l : Date of Contract or Sale for above reference no. l Reference No. 2: Name of Company/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 currently 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: 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 4 of 52 20 Line: 1 Description: Percent Discount Off Manufacturers List Price Catalog for Mavron Inc, www.mavron.com (express as a decimal, i.e. 40% discount = .40) Category: 05557-00 Unit of Measure: Each Unit Price: $ Number of Units: 1 Total: $ Line: 2 Description: Percent Discount Off Manufacturers List Price Catalog for Van -Cell, Inmate & Prisoner Transportation System, www.van-cell.com (express as a decimal, i.e. 40% discount = .40) Category: 05557-00 Unit of Measure: Each Unit Price: $ Number of Units: 1 Total: $ Line: 3 Description: Percent Discount Off Manufacturers List Price Catalog for Federal Signal (express as a decimal, i.e. 40% discount = .40) Category: 05557-00 Unit of Measure: Each Unit Price: $ Number of Units: 1 Total: $ Line: 4 Description: Percent Discount Off Manufacturers List Price Catalog for Signal Technology Enterprises, www.signaltechnology.net (express as a decimal, i.e. 40% discount = .40) Category: 05557-00 Unit of Measure: Each Unit Price: $ k Number of Units: 1 Total: $ Page 5 of 52 21 Line: 5 Description: Percent Discount Off Manufacturers List Price Catalog for HG2 Emergency Lighting, www.hg2lighting.com (express as a decimal, i.e. 40% discount = .40) Category: 05557-00 Unit of Measure: Each Unit Price: $ Number of Units: 1 Total: $ Line: 6 Description: Percent Discount Off Manufacturers List Price Catalog for WANCO, www.wanco.com (express as a decimal, i.e. 40% discount = .40) Category: 05557-00 Unit of Measure: Each Unit Price: $ Number of Units: 1 Total: $ Line: 7 Description: Percent Discount Off Manufacturers List Price Catalog for MPH Radar, www.mphindustries.com (express as a decimal, i.e. 40% discount = .40) Category: 05557-00 Unit of Measure: Each Unit Price: $ Number of Units: 1 Total: $ Line: 8 Description: Percent Discount Off Manufacturers List Price Catalog for TUFLOC, www.tufloc.com (express as a decimal, i.e. 40% discount = .40) Category: 05557-00 Unit of Measure: Each Unit Price: $ Number of Units: 1 Total: $ Page 6 of 52 22 Line: 9 Description: Percent Discount Off Manufacturers List Price Catalog for PUGS Custom Cabinets, www.pugscabinets.com (express as a decimal, i.e. 40% discount = .40) Category: 05557-00 Unit of Measure: Each Unit Price: $ Number of Units: 1 Total: $ Line: 10 Description: Percent Discount Off Manufacturers List Price Catalog for Unity Manufacturing, www.unityusa.com (express as a decimal, i.e. 40% discount = .40) Category: 05557-00 Unit of Measure: Each Unit Price: $ Number of Units: 1 Total: $ Line: 11 Description: Percent Discount Off Manufacturers List Price Catalog for Star Headlight & Lantern Co., www.starl889.com (express as a decimal, i.e. 40% discount = .40) Category: 05557-00 Unit of Measure: Each Unit Price: $ Number -of Units: 1 Total: $ Line: 12 Description: Percent Discount Off Manufacturers List Price Catalog for Able-2 Products, www.able2products.com (express as a decimal, i.e. 40% discount = .40) Category: 05557-00 Unit of Measure: Each Unit Price: $ Number of Units: 1 Total: $ Page 7 of 52 23 Line: 13 Description: Percent Discount Off Manufacturers List Price Catalog for Brooking Industries Ltd., www.brookingindustries.com (express as a decimal, i.e. 40% discount = .40) Category: 05557-00 Unit of Measure: Each Unit Price: $ Number of Units: 1 Total: $ Line: 14 Description: Percent Discount Off Manufacturers List Price Catalog for Go -Rhino, www.gorhino.com (express as a decimal, i.e. 40% discount = .40) Category: 05557-00 Unit of Measure: Each Unit Price: $ Number of Units: 1 Total: $ Line: 15 Description: Percent Discount Off Manufacturers List Price Catalog for LUND Products, www.lundinternational.com (express as a decimal, i.e. 40% discount = .40) Category: 05557-00 Unit of Measure: Each Unit Price: $ Number of Units: 1 Total: $ Line: 16 Description: Percent Discount Off Manufacturers List Price Catalog for Streamlight, www.streamlight.com (express as a decimal, i.e. 40% discount = .40) Category: 05557-00 Unit of Measure: Each Unit Price: $ Number of Units: 1 Total: $ Page 8 of 52 24 Line: 17 Description: Percent Discount Off Manufacturers List Price Catalog for PRO -Copper, www.procopper.com (express as a decimal, i.e. 40% discount = .40) Category: 05557-00 Unit of Measure: Each Unit Price: $ Number of Units: 1 Total: $ Line: 18 Description: Percent Discount Off Manufacturers List Price Catalog for L3 Mobile Vision, www.mobile-vision.com (express as a decimal, i.e. 40% discount = .40) Category: 05557-00 Unit of Measure: Each Unit Price: $ Number of Units: 1 Total: $ Line: 19 Description: Percent Discount Off Manufacturers List Price Catalog for Patrol Witness, www.patrolwitness.com (express as a decimal, i.e. 40% discount = .40) Category: 05557-00 Unit of Measure: Each Unit Price: $ Number of Units: 1 Total: $ Line: 20 Description: Percent Discount Off Manufacturers List Price Catalog for Plate Scan, www.platescan.com (express as a decimal, i.e. 40% discount = .40) Category: 05557-00 Unit of Measure: Each Unit Price: $ Number of Units: 1 Total: $ Page 9 of 52 25 Line: 21 Description: Percent Discount Off Manufacturers List Price Catalog for Pro-gard Products LLC, www.progard.com (express as a decimal, i.e. 40% discount = .40) Category: 05557-00 Unit of Measure: Each Unit Price: $ Number of Units: 1 Total: $ Line: 22 Description: Percent Discount Off Manufacturers List Price Catalog for Setina Manufacturing, www.setina.com (express as a decimal, i.e. 40% discount = .40) Category: 05557-00 Unit of Measure: Each Unit Price: $ Number of Units: 1 Total: $ Line: 23 Description: Percent Discount Off Manufacturers List Price Catalog for RAM Mounts, www.ram-mount.com (express as a decimal, i.e. 40% discount = .40) Category: 05557-00 Unit of Measure: Each Unit Price: $ Number of Units: 1 Total: $ Line: 24 Description: Percent Discount Off Manufacturers List Price Catalog for Jotto Desk Vehicle Mounting Solutions, which includes: Patriot Products and Kodiak Mobile, www.everythingbutlights.com (express as a decimal, i.e. 40% discount = .40) Category: 05557-00 Unit of Measure: Each Page 10 of 52 26 Unit Price: $ Number of Units: 1 Total: $ Line: 25 Description: Percent Discount Off Manufacturers List Price Catalog for Big Sky Racks, www.bigskyracks.com (express as a decimal, i.e. 40% discount = .40) Category: 05557-00 Unit of Measure: Each Unit Price: $ Number of Units: 1 Total: $ Line: 26 Description: Percent Discount Off Manufacturers List Price Catalog for BLI International, www.prioritystart.com (express as a decimal, i.e. 40% discount = .40) Category: 05557-00 Unit of Measure: Each Unit Price: $ Number of Units: 1 Total: $ Line: 27 Description: Percent Discount Off Manufacturers List Price Catalog for Tremco, www.tremcopoliceproducts.com (express as a decimal, i.e. 40% discount = .40) Category: 05557-00 Unit of Measure: Each Unit Price: $ Number of Units: 1 Total: $ Line: 28 Description: Percent Discount Off Manufacturers List Price Catalog for Gamber-Johnson, www.gamberjohnson.com (express as a decimal, i.e. 40% discount = .40) Category: 05557-00 Page 11 of 52 27 Unit of Measure: Each Unit Price: $ Line: 29 Number of Units: 1 Total: $ Description: Percent Discount Off Manufacturers List Price Catalog for Kustom Signals Inc, www.kustomsignals.com (express as a decimal, i.e. 40% discount = .40) Category: 05557-00 Unit of Measure: Each Unit Price: $ Number of Units: 1 Total: $ Line: 30 Description: Percent Discount Off Manufacturers List Price Catalog for Sound -off Signal, www.soundoffsignal.com (express as a decimal, i.e. 40% discount = .40) Category: 05557-00 Unit of Measure: Each Unit Price: $ Number of Units: 1 Total: $ Line: 31 Description: Percent Discount Off Manufacturers List Price Catalog for Truck Vault Secure Storage Solutions, www.truckvault.com (express as a decimal, i.e. 40% discount = .40) Category: 05557-00 Unit of Measure: Each Unit Price: $ Number of Units: 1 Total: $ Line: 32 Description: Percent Discount Off Manufacturers List Price Catalog for American Aluminum Accessories, www.ezrideronline.com (express as a decimal, i.e. 40% discount = .40) Page 12 of 52 28 Category: 05557-00 Unit of Measure: Each Unit Price: $ Line: 33 Number of Units: 1 Total: $ Description: Percent Discount Off Manufacturers List Price Catalog for NOVA Electronics, www.strobe.com (express as a decimal, i.e. 40% discount = .40) Category: 05557-00 Unit of Measure: Each Unit Price: $ Number of Units: 1 Total: $ Line: 34 Description: Percent Discount Off Manufacturers List Price Catalog for Watch Guard Digital in Car Video, www.watchguardvideo.com (express as a decimal, i.e. 40% discount = .40) Category: 05557-00 Unit of Measure: Each Unit Price: $ Number of Units: 1 Total: $ Line: 35 Description: Percent Discount Off Manufacturers List Price Catalog for All Traffic Solutions, www.alitrafficsolutions.com (express as a decimal, i.e. 40% discount = .40) Category: 05557-00 Unit of Measure: Each Unit Price: $ Number of Units: 1 Total: $ Line: 36 Description: Percent Discount Off Manufacturers List Price Catalog for Whelen, www.whelen.com (express as a decimal, i.e. 40% discount = .40) Page 13 of 52 29 Category: 05557-00 Unit of Measure: Each Unit Price: $ Line: 37 Number of Units: 1 Total: $ Description: Percent Discount Off Manufacturers List Price Catalog for Code 3 Public Safety Equipment, www.code3pse.com (express as a decimal, i.e. 40% discount = .40) Category: 05557-00 Unit of Measure: Each Unit Price: $ Number of Units: 1 Total: $ Line: 38 Description: Percent Discount Off Manufacturers List Price Catalog for Troy Industries, www.troyproducts.com (express as a decimal, i.e. 40% discount = .40) Category: 05557-00 Unit of Measure: Each Unit Price: $ Number of Units: 1 Total: $ Line: 39 Description: Percent Discount Off Manufacturers List Price Catalog for Adamson Industries, www.adamsonindustries.com (express as a decimal, i.e. 40% discount = .40) Category: 05557-00 Unit of Measure: Each Unit Price: $ Number of Units: 1 Total: $ Line: 40 Description: Percent Discount Off Manufacturers List Price Catalog for Ray Allen Manufacturing Company, www.rayallen.com Page 14 of 52 30 (express as a decimal, i.e. 40% discount = .40) Category: 05557-00 Unit of Measure: Each Unit Price: $ Number of Units: 1 Total: $ Line: 41 Description: Percent Discount Off Manufacturers List Price Catalog for Havis-Shields Manufacturing Company, www.havis.com (express as a decimal, i.e. 40% discount = .40) Category: 05557-00 Unit of Measure: Each Unit Price: $ Number of Units: 1 Total: $ Line: 42 Description: Percent Discount Off Manufacturers List Price Catalog for Radiotronics Inc., www.radiotronics.com (express as a decimal, i.e. 40% discount = .40) Category: 05557-00 Unit of Measure: Each Unit Price: $ Number of Units: 1 Total: $ Line: 43 Description: Percent Discount Off Manufacturers List Price Catalog for Drivecam, (express as a decimal, i.e. 40% discount = .40) Category: 05557-00 Unit of Measure: Each Unit Price: $ Number of Units: 1 Total: $ Line: 44 Description: Percent Discount Off Manufacturers List Price Catalog for. Laguna 3P, www.laguna3p.com Page 15 of 52 31 (express as a decimal, i.e. 40% discount = .40) Category: 05557-00 Unit of Measure: Each Unit Price: $ Number of Units: 1 Total: $ Line: 45 Description: Labor Time to install Prisoner Cage (express as a decimal, 1/2 hour = .5) Category: 05557-00 Unit of Measure: Each Unit Price: $ Number of Units: 1 Total: $ Line: 46 Description: Labor Time to install Prisoner Seat (express as a decimal, 1/2 hour = .5) Category: 05557-00 Unit of Measure: Each Unit Price: $ Number of Units: 1 Total: $ Line: 47 Description: Labor Time to install Prisoner Seat & Cage (express as a decimal, 1/2 hour = .5) Category: 05557-00 Unit of Measure: Each Unit Price: $ Number of Units: 1 Total: $ Line: 48 Description: Labor Time to install Rear Window Bars with OEM or ABS door panels (express as a decimal, 1/2 hour = .5) Category: 05557-00 Page 16 of 52 32 Unit of Measure: Each Unit Price: $ Line: 49 Number of Units: 1 Total: $ Description: Labor Time to install Rear Window Bars and ABS door panels (express as a decimal, 1/2 hour = .5) Category: 05557-00 Unit of Measure: Each Unit Price: $ Number of Units: 1 Total: $ Line: 50 Description: Labor Time to install Four (4) Corner Universal LED Hideaway Light System with Controller (express as a decimal, 1/2 hour = .5) Category: 05557-00 Unit of Measure: Each Unit Price: $ Number of Units: 1 Total: $ Line: 51 Description: Labor Time to install Four (4) Corner Universal LED Hideaway Light System without Controller (express as a decimal, 1/2 hour = .5) Category: 05557-00 Unit of Measure: Each Unit Price: $ Number of Units: 1 Total: $ Line: 52 Description: Labor Rate: Discounted Hourly Labor Rate to Install Items From Catalogs and Packages as Listed. Category: 05557-00 Page 17 of 52 33 Unit of Measure: Hour Unit Price: $ Line: 53 Number of Units: 1 Total: $ Description: Balance of Line: % Discount off Catalogs Not Listed. (express as a decimal, i.e. 40% discount = .40) Category: 05557-00 Unit of Measure: Each Unit Price: $ List the catalogs that are being discounted Line: 54 Number of Units: 1 Total: $ Description: ADD -ON SERVICES Window Tinting with Labor Included for Sedans ( Compact to Full Size) (as per section 3.1.3) Category: 05557-00 Unit of Measure: Each Unit Price: $ Number of Units: 1 Total: $ Line: 55 Description: ADD -ON SERVICES Window Tinting with Labor Included for Sports Utility Vehicles (as per section 3.1.3) Category: 05557-00 Unit of Measure: Each Unit Price: $ Number of Units: 1 Total: $ Line: 56 Description: ADD -ON SERVICES Window Tinting with Labor Included for Pickups Standard Cab (as per section 3.1.3) Page 18 of 52 34 Category: 05557-00 Unit of Measure: Each Unit Price: $ Number of Units: 1 Total: $ Line: 57 Description: ADD -ON SERVICES Window Tinting with Labor Included for Pickups Extended Cab (as per section 3.1.3) Category: 05557-00 Unit of Measure: Each Unit Price: $ Number of Units: 1 Total: $ Line: 58 Description: ADD -ON SERVICES Window Tinting with Labor Included for Pickups Crew Cab (as per section 3.1.3) Category: 05557-00 Unit of Measure: Each Unit Price: $ Number of Units: 1 Total: $ Page 19 of 52 35 Invitation for Bid (IFB) 516388 Table of Contents Termsand Conditions...................................................................................................................................................21 1. General Conditions..........................................................................................................................................21 1.1. GENERAL TERMS AND CONDITIONS...........................................................................................21 2. Special Conditions...........................................................................................................................................41 2.1. PURPOSE..............................................................................................................................................41 2.2. DEADLINE FOR RECEIPT OF REQUEST FOR ADDITIONAL INFORMATION/CLARIFICATION...........................................................................................................41 2.3. PRE-BID/PRE-PROPOSAL CONFERENCE......................................................................................41 2.4. TERM OF CONTRACT........................................................................................................................41 2.5. CONDITIONS FOR RENEWAL..........................................................................................................41 2.6. NON -APPROPRIATION OF FUNDS..................................................................................................41 2.7. METHOD OF AWARD.......................................................................................................................42 2.8. BIDDERS MINIMUM QUALIFICATIONS.......................................................................................42 2.9. FACILITY LOCATION........................................................................................................................42 2.10. CATALOG DISCOUNTS..................................................................................................................42 2.11. FIXED AND FIRM PRICING.........................................................................................................A2 2.12. HOURLY LABOR AND INSTALLATION PRICES.......................................................................43 2.13. DELIVERY / LIQUIDATED DAMAGES.........................................................................................43 2.14. FAILURE TO PERFORM..................................................................................................................43 2.15. AS OR EQUAL..................................................................................................................................A3 2.16. INSURANCE REQUIREMENTS......................................................................................................43 2.17. PATENTS AND ROYALTIES...........................................................................................................45 2.18. INSTALLATION, PICK-UP AND DELIVERY REQUIREMENTS................................................45 2.19. METHOD OF PAYMENT..................................................................................................................46 2.20. PACKING SLIP/DELIVERY TICKET TO ACCOMPANY ITEMS DURING DELIVERY ..........46 2.21. COMPLETED WORK.......................................................................................................................A 2.22. ADDITIONS/DELETIONS OF SUPPLIERS/FACILITIES/ITEMS/SERVICES ............................A6 2.23. CONTRACT ADMINISTRATORS...................................................................................................46 2.24. SUBCONTRACTORS OF WORK SHALL BE IDENTIFIED..........................................................47 2.25. WORKMANSHIP AND MATERIALS.............................................................................................47 2.26. TIE BIDS.............................................................................................................................................47 2.27. DAMAGES TO PUBLIC/PRIVATE PROPERTY............................................................................48 2.28. FACTORY DEFECTS........................................................................................................................48 2.29. WARRANTY, FITNESS FOR PURPOSE........................................................................................A8 2.30. QUALITY AND MANUFACTURE..................................................................................................48 2.31. PRODUCT SUBSTITUTES...............................................................................................................49 2.32. REFERENCES...................................................................................................................................A9 2.33. SPECIFICATION EXCEPTIONS......................................................................................................49 2.34. TERMINATION.................................................................................................................................49 2.35. BALANCE OF LINE..........................................................................................................................50 2.36. ADDITIONAL TERMS AND CONDITIONS..................................................................................50 3. Specifications..................................................................................................................................................51 3.1. SPECIFICATIONS/SCOPE OF WORK..............................................................................................51 Page 20 of 52 36 Invitation for Bid (IFB) 516388 Terms and Conditions 1. General Conditions 1.1. GENERAL TERMS AND CONDITIONS Intent: The General Terms and Conditions described herein apply to the acquisition of goods/equipment/services with an estimated aggregate cost of $25,000.00 or more. Definition: A formal 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. Formal 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 formal 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 terms 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 conform 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 formal 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 perform under the terms and conditions of a contract, to deliver on time contracts of a similar nature, and who is not in a position to perform the requirements defined in this formal solicitation. The City further reserves the right to waive any irregularities or minor informalities or technicalities in any or all responses and may, at its discretion, re -issue this formal solicitation. 1.4. ADDENDA — It is the bidder's/proposer's responsibility to ensure receipt of all Addenda. Addenda are available at the City's website at: http://www.ci.miami.fl.us/procurement 1.5. ALTERNATE RESPONSES WILL NOT BE CONSIDERED. 1.6. ASSIGNMENT - Contractor agrees not to subcontract, assign, transfer, convey, sublet, or otherwise dispose of the resulting Contract, or any or all of its right, title or interest herein, without City of Miami's prior written consent. 1.7. ATTORNEYS FEES - In connection with any litigation, mediation and arbitration arising out of this Contract, each party shall bear their own attorney's fees through and including appellate litigation and any post judgment proceedings. 1.8. AUDIT RIGHTS AND RECORDS RETENTION - The Successful Bidder/Proposer agrees to provide access at all reasonable times to the City, or to any of its duly authorized representatives, to any books, documents, papers, and records of Contractor which are directly pertinent to this formal solicitation, for the purpose of audit, examination, excerpts, and transcriptions. The Successful Bidder/Proposer shall maintain and retain any and all of Page 21 of 52 37 Invitation for Bid (1FB) 516388 the books, documents, papers and records pertinent to the Contract for three (3) years after the City makes final payment and all other pending matters are closed. Contractor's failure to or refusal to comply with this condition shall result in the immediate cancellation of this contract by the City. 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 permissible by federal, state, and local laws, rules, and regulations. Each Governmental, not -for -profit or quasi -governmental entity which uses this formal 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, determine shipping terms and issue its own exemption certificates as required by the successful bidder(s)/proposer(s). 1.10. AWARD OF CONTRACT: A. The Formal 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 determined 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. Bidder/Proposer 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 Bidder/Proposer is in default of these contractual requirements, the City, through action taken by the Purchasing Department, will void its acceptance of the Bidder's/Proposer'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 Bidder/Proposer and its bid/proposal bond or guaranty, if applicable, as a result of damages or increased costs sustained as a result of the Bidder's/Proposer's default. D. The term of the contract shall be specified in one of three documents which shall be issued to the successful Bidder/Proposer. 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 term in order to provide City departments with continual service and supplies while a new contract is being solicited, evaluated, and/or awarded. if the right is exercised, the City shall notify the Bidder/Proposer, in writing, of its intent to extend the contract at the same price, terms 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 minimum 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 Agreement with the Proposer, whichever is determined to be in the Page 22 of 52 38 Invitation for Bid (IFB) 516388 City's best interests. Such agreement will be furnished by the City, will contain certain terms 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 certified 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 bid/proposed, if it is awarded to bidder/proposer. Bidder/Proposer shall forfeit bid deposit to the City should City award 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 formal solicitation closing date, and no contract has been awarded, all bid deposits will be returned on demand. 1.12. RESPONSE FORM (HARDCOPY FORMAT) - All forms 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, Bidders/Proposers will submit, with their response, complete sets of necessary data (factory information sheets, specifications, brochures, etc.) in order for the City to evaluate and determine the equality of the 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 form of samples may be requested if the proposed brand is other than specified by the City. Such samples are to be furnished after formal 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 formal request is made. 1.15. CANCELLATION - The City reserves the right to cancel all formal 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 firm makes, or prepares to make, in order to deliver/perform the goods/services required by the City, is a business risk which the contractor must assume. 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 FOR DELAYS - It is further expressly agreed that in no event shall the City be liable for, or responsible to, the Bidder/Proposer/Consultant, any sub-contractor/sub-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 —Bidder/Proposer, by submitting a response, certifies that its response is made without previous understanding, agreement or connection either with any person, firm or corporation submitting a response Page 23 of 52 39 Invitation for Bid (IFB) 516388 for the same items/services or with the City of Miami's Purchasing Department or initiating department. The Bidder/Proposer certifies that its response is fair, without control, collusion, fraud or other illegal action. Bidder/Proposer 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 governments are 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 pay or other compensation methods, and training selection. B. Occupational, Safety and Health Act (OSHA), as applicable to this Formal Solicitation. C. The State of Florida Statutes, Section 287.133(3)(A) on Public Entity Crimes. D. Environment Protection Agency (EPA), as applicable to this Formal Solicitation. E. Uniform Commercial Code (Florida Statutes, Chapter 672).- F. Americans with Disabilities Act of 1990, as amended. G. National Institute of Occupational Safety Hazards (NIOSH), as applicable to this Formal Solicitation. H. National Forest Products Association (NFPA), as applicable to this Formal Solicitation. I. City Procurement Ordinance City Code Section 18, Article 111. J. Conflict of Interest, 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. 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, RFL1, or IFB after advertisement and terminates 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: Page 24 of 52 40 Invitation for Bid (IFB) 516388 oral communications with the City purchasing staff, provided the communication is limited strictly to matters of process or procedure already contained in the formal 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 Commission 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 communications in connection with the collection of industry comments or the performance 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 any person upon request. The City shall respond in writing and file a copy with the Office of the City Clerk, which shall be made available to any person upon request. Written communications may be in the form 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 and/or 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. This language is only a summary of the key provisions of the Cone of Silence. Please review City of Miami Code Section 18-74 for a complete and thorough description of the 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 Sunshine 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 — Bidders/Proposers, 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 Formal 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 of five percent (5%) or more of the total assets of capital stock in your firm. A. Bidder/Proposer further agrees not to use or attempt to use any knowledge, property or resource which may be within his/her/its trust, or perform his/her/its duties, to secure a special privilege, benefit, or exemption for himself/herself/itself, or others. Bidder/Proposer may not disclose or use information not available to members of the general public and gained by reason of his/her/its position, except for information relating exclusively to governmental practices, for his/her/its personal gain or benefit or for the personal gain or benefit of any other person or business entity. B. Bidder/Proposer hereby acknowledges that he/she/it has not contracted or transacted any business with the City or any person or agency acting for the City, and has not appeared in representation of any third party before any board, commission or agency of the City within the past two years. Bidder/Proposer further warrants that he/she/it is not related, specifically the spouse, son, daughter, parent, brother or sister, to: (i) any member of the commission; (ii) the mayor; (iii) any city employee; or (iv) any member of any board or agency of the City. C. A violation of this section may subject the Bidder/Proposer to immediate termination of any professional services agreement with the City, imposition of the maximum fine and/or any penalties allowed by law. Page 25 of 52 41 Invitation for Bid (IFB) 516388 Additionally, violations may be considered by and subject to action by the Miami -Dade County Commission on Ethics. 1.23. COPYRIGHT OR PATENT RIGHTS — Bidders/Proposers warrant that there has been no violation of copyright or patent rights in manufacturing, producing, or selling the goods shipped or ordered and/or services provided as a result of this 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 BIDDER/PROPOSER - 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 three 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 determination. The authority to debar and suspend contractors shall be exercised in accordance with regulations which shall be issued by the Chief Procurement Officer after approval by the City Manager, the city attorney, and the City Commission. (b) Causes for debarment or suspension. Causes for debarment 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 performance 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 of nonresponsibility. Such violation may include failure without good cause to perform in accordance with the terms and conditions of a Contract or to perform within the time 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) Debarment 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 fine is due and owing to the city. (9) Any other cause judged by the City Manager to be so serious and compelling as to affect the Page 26 of 52 42 Invitation for Bid (IFB) 516388 responsibility of the Contractual Party performing 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 personnel have been convicted of any of the violations set forth above or debarred or suspended as set forth in paragraph (b)(5). (d) Debarment and suspension decisions. Subject to the provisions of paragraph (a), the City Manager shall render a written decision stating the reasons for the debarment or suspension. A copy of the decision shall be provided promptly to the Contractual Party, along with a notice of said parry'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 perform 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. DEFAULT/FAILURE TO PERFORM - The City shall be the sole judge of nonperformance, which shall include any failure on the part of the successful Bidder/Proposer to accept the award, to furnish required documents, and/or to fulfill any portion of this contract within the time stipulated. Upon default by the successful Bidder/Proposer to meet any terms of this agreement, the City will notify the Bidder/Proposer 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 perform the work with sufficient workers and equipment or with sufficient materials to ensure timely completion. D. Neglecting or refusing to remove materials or perform new work where prior work has been rejected as nonconforming with the terms of the Contract. E. Becoming insolvent, being declared bankrupt, or committing any act of bankruptcy or insolvency, or making an assignment for the benefit of creditors, if the insolvency, bankruptcy, or assignment renders the successful Bidder/Proposer 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 determine if it is responsive to the submission requirements outlined in the Formal 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 formal solicitation, is of timely submission, and has appropriate signatures as required on each document. Failure Page 27 of 52 43 Invitation for Bid (IFB) 516388 to comply with 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 Terms and Conditions. Price discounts off the original prices quoted in the response will be accepted from successful Bidder(s)/Proposer(s) during the term of the contract. Such discounts shall remain in effect for a minimum of 120 days from approval by the City Commission Any discounts offered by a manufacturer to Bidder/Proposer will be passed on to the City. 1.30. DISCREPANCIES, ERRORS, AND OMISSIONS - Any discrepancies, errors, or ambiguities in the Formal 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 Formal 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 formal solicitation shall be resolved by giving precedence to the following documents, the first of such list being the governing 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 formal 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 Formal 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 of the terms and conditions contained in the Formal Solicitation and/or Response, the Formal 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 Formal Solicitation. 1.34. EVALUATION OF RESPONSES A.Rejection of Responses The City may reject a Response for any of the following reasons: 1) Bidder/Proposer fails to acknowledge receipt of addenda; 2) Bidder/Proposer mistates or conceals any material fact in the Response ; Page 28 of 52 44 Invitation for Bid (IFB) 516388 3) Response does not conform to the requirements of the Formal Solicitation; 4) Response requires a conditional award that conflicts with the method of award; S) Response does not include required samples, certificates, licenses as required; and, 6) Response was not executed by the Bidder's/Proposer(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 of the Formal 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 firm 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 firm which has been debarred by the City in accordance with the City's Debarment and Suspension Ordinance. 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. Bidder/Proposer 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 determined by the City. 2) The City may consider any evidence available regarding the financial, technical and other qualifications and abilities of a Bidder/Proposer, including past performance (experience) with the City or any other governmental 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 terms and conditions of the resulting agreement it may lead to terminating negotiations. 1.36. F.O.B. DESTINATION - Unless otherwise specified in the Formal 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 Formal Solicitation. Failure to do so may be cause for rejection of bid/proposal. 1.37. FIRM PRICES - The bidder/proposer warrants that prices, terms, 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 firm for the period of performance or resulting purchase orders or contracts, which are to be performed or supplied over a period of time. 1.38. FLORIDA MINIMUM WAGE - The Constitution of the State of Florida, Article X, Section 24, states that Page 29 of 52 45 Invitation for Bid (IFB) 516388 employers shall pay employee wages no less than the minimum 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 I st. 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 information 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 term 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. 1.39. GOVERNING LAW AND VENUE - The validity and effect of this Contract shall be governed by the laws of the 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. 1.40. 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. 1.41. HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT (HIPAA) - 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 (I1H1) and/or Protected Health Information (PHI) shall comply with the Health Insurance Portability and Accountability Act (HIPAA) of 1996 and the City of Miami Privacy Standards. HIPAA 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; B. Use of appropriate safeguards to prevent non -permitted disclosures; C. Reporting to the City of Miami 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 Bidder/Proposer and reasonable assurances that I1Hl/PHI 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 of the form and method of transmission (paper records, and/or electronic transfer of data). The Bidder/ Proposer must give its customers written notice of its privacy information practices including specifically, a description of the types of uses and disclosures that would be made with protected health information. 1.42 INDEMNIFICATION - Contractor shall indemnify , hold harmless and defend the City, its officials, officers, Page 30 of 52 46 Invitation for Bid (IFB) 516388 agents, directors, and employees, from liabilities, damages, losses, and costs, including, but not limited to reasonable attorney's fees, to the extent caused by the negligence, recklessness or intentional wrongful misconduct of Contractor and persons employed or utilized by Contractor in the performance of this Contract and will indemnify, hold harmless and defend the City, its officials, officers, agents, directors and employees against, any civil actions, statutory or similar claims, injuries or damages arising or resulting from the permitted work, even if it is alleged that the City, its officials and/or employees were negligent. These indemnifications shall survive the term of this Contract. In the event that any action or proceeding is brought against City by reason of any such claim or demand, Contractor shall, upon written notice from City, resist and defend such action or proceeding by counsel satisfactory to City. The Contractor expressly understands and agrees that any insurance protection required by this Contract or otherwise provided by Contractor shall in no way limit the responsibility to indemnify, keep and save harmless and defend the City or its officers, employees, agents and instrumentalities as herein provided. The indemnification provided above shall obligate Contractor to defend at its own expense to and through appellate, supplemental or bankruptcy proceeding, or to provide for such defense, at City's option, any and all claims of liability and all suits and actions of every name and description which may be brought against City whether performed by Contractor, or persons employed or utilized by Contractor. This indemnity will survive the cancellation or expiration of the Contract. This indemnity will be interpreted under the laws of the State of Florida, including without limitation and which conforms to the limitations of §725.06 and/or §725.08, Fla. Statues, as amended from time to time as applicable. Contractor shall require all Sub -Contractor agreements to include a provision that they will indemnify the City. The Contractor agrees and recognizes that the City shall not be held liable or responsible for any claims which may result from any actions or omissions of the Contractor in which the City participated either through review or concurrence of the Contractor's actions. In reviewing, approving or rejecting any submissions by the Contractor or other acts of the Contractor, the City in no way assumes or shares any responsibility or liability of the Contractor or Sub -Contractor, under this Agreement. 1.43. FORMATION AND DESCRIPTIVE LITERATURE—Bidders/Proposer must furnish all information requested in the spaces provided in the Formal Solicitation. Further, as may be specified elsewhere, each Bidder/Proposer 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. 1.44. INSPECTIONS - The City may, at reasonable times during the term hereof, inspect Contractor's facilities and perform such tests, as the City deems reasonably necessary, to determine whether the goods and/or services required to be provided by the Contractor under this Contract conform to the terms and conditions of the Formal Solicitation. Contractor shall make available to the City all reasonable facilities and assistance to facilitate the performance of tests or inspections by City representatives. All tests and inspections shall be subject to, and made in accordance with, the provisions of the City of Miami Ordinance No. 12271 (Section 18-79), as same may be amended or supplemented from time to time. 1.45. INSPECTION OF RESPONSE - Responses received by the City pursuant to a Formal Solicitation will not be made available until such time as the City provides notice of a decision or intended decision or within 30 days after bid closing, whichever is earlier. Bid/Proposal 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 recommendation for award. 1.46. 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 Page 31 of 52 47 Invitation for Bid (IFB) 516388 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 documents 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 terms 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. Information 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 certificates required in conjunction with this Section remain in effect for the duration of the contractual period; including any and all option terms that may be granted to the Bidder/Proposer. 1.47. INVOICES - Invoices shall contain purchase order number 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). 1.48. LOCAL PREFERENCE A. City Code Section 18-85, states, "when a responsive, responsible non -local bidder submits the lowest bid price, and the bid submitted by one or more responsive, responsible local bidders who maintain a local office, as defined in Section 18-73, is within fifteen percent (15%) of the price submitted by the non -local bidder, then that non -local bidder and each of the aforementioned responsive, responsible local bidders shall have the opportunity to submit a best and final bid equal to or lower than the amount of the low bid previously submitted by the non -local bidder. Contract award shall be made to the lowest responsive, responsible bidder submitting the lowest best and final bid. In the case of a tie in the best and final bid between a local bidder and a non -local bidder, contract award shall be made to the local bidder." B. City Code Section 18-86, states, "the RFP, RFLI or RFQ, as applicable, may, in the exercise of the reasonable professional discretion of the City Manager, director of the using agency, and the Chief Procurement Officer, include a five (5%) percent evaluation criterion in favor of proposers who maintain a local office, as defined in Section 18-73. In such cases, this five (5%) percent evaluation criterion in favor of proposers who maintain a local office will be specifically defined in the RFP, RFLI or RFQ, as applicable; otherwise, it will not apply. 1.49. MANUFACTURER'S CERTIFICATION -The City reserves the right to request from bidders/proposers a separate Manufacturer's Certification of all statements made in the bid/proposal. Failure to provide such certification may result in the rejection of bid/proposal or termination of contract/agreement, for which the bidder/proposer must bear full liability. 1.50. MODIFICATIONS OR CHANGES IN PURCHASE ORDERS AND CONTRACTS - No contract or understanding to modify this Formal Solicitation and resultant purchase orders or contracts, if applicable, shall be binding upon the City unless 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. 1.51. 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. Page 32 of 52 Invitation for Bid (IFB) 516388 1.52. NONCONFORMANCE TO CONTRACT CONDITIONS - Items may be tested for compliance with specifications under the direction of the Florida Department of Agriculture and Consumer Services or by other appropriate testing Laboratories as determined 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 conforming to specifications may be rejected and returned at Bidder's/Proposer'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. 1.53. NONDISCRIMINATION —Bidder/Proposer 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 this formal solicitation. Furthermore, Bidder/Proposer agrees that no otherwise qualified individual shall solely by reason of his/her 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, Bidder/Proposer 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. 1.54. NON-EXCLUSIVE CONTRACT/ 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 terms, conditions and awards rendered under this solicitation, unless such purchases are determined to be in the best interest of the City. 1.55.00CUPATIONAL 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 Miami Charter. Others with a location outside the City of Miami shall meet their local Occupational License Tax requirements. A copy of the license must be submitted with the response; however, the City may at its sole option and in its best interest allow the Bidder/Proposer to supply the license to the City during the evaluation period, but prior to award. 1.56.ONE PROPOSAL - Only one (1) Response from an individual, firm, partnership, corporation or joint venture will be considered in response to this Formal Solicitation. 1.57.OWNERSHIP 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 Bidder/Proposer pursuant to this formal solicitation shall at all times remain the property of the City and shall not be used by the Bidder/Proposer for any other purposes whatsoever without the written consent of the City. 1.58. PARTIAL INVALIDITY - If any provision of this Contract or the application thereof to any person or Page 33 of 52 EN Invitation for Bid (IFB) 516388 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 this Contract shall be valid and enforced to the fullest extent permitted by law. 1.59. PERFORMANCE/PAYMENT BOND —A Contractor may be required to furnish a Performance/Payment Bond as part of the requirements of this Contract, in an amount equal to one hundred percent (100%) of the contract price. 1.60. 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's/Proposer's risk. A. Each Bidder/Proposer shall furnish the information required in the Formal Solicitation. The Bidder/Proposer shall sign the Response and print in ink or type the name of the Bidder/Proposer, 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 shall 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, workmen's compensation, and any other benefits normally paid by the Bidder/Proposer 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 Bidder/Proposer must state a definite time, if required, in calendar days for delivery of goods and/or services. D. The Bidder/Proposer 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 firm's name and by an officer or employee having authority to bind the company or firm by his/her signature. Bids/Proposals 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's/Proposer'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 format. 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. 1.61. 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 Miami. 1.62. PRODUCT SUBSTITUTES - In the event a particular awarded and approved manufacturer's product becomes unavailable during the term of the 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. Page 34 of 52 50 Invitation for Bid (IFB) 516388 1.63. 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, commission, percentage, brokerage fee, or gift of any kind contingent upon or in connection with, the award of this Contract. 1.64. PROMPT PAYMENT —Bidders/Proposers may offer a cash discount for prompt payment; however, discounts shall not be considered in determining the lowest net cost for response evaluation purposes. Bidders/Proposers are required to provide their prompt payment terms in the space provided on the Formal 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 Bidder/Proposer fails to enter a percentage, it is understood and agreed that the terms shall be 2% 20 days, effective after receipt of invoice or final 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 determined 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 term of the contract. 1.65. 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. 1.66. 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. 1.67. 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 of 36 months from the date of being placed on the convicted vendor list. 1.68. PUBLIC RECORDS - Contractor understands that the public shall have access, at all reasonable times, to all documents and information pertaining to City contracts, subject to the provisions of Chapter 119, Florida Statutes, and City of Miami Code, Section 18, Article II1, and agrees to allow access by the City and the public to all documents subject to disclosure under applicable law. Contractor shall additionally comply with the provisions of Section 119.0701, Florida Statutes, entitled "Contracts; public records". Contractor's failure or refusal to comply with the provision of this section shall result in the immediate cancellation of this Contract by the City. Page 35 of 52 51 Invitation for Bid (IFB) 516388 1.69. QUALITY OF GOODS, MATERIALS, 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. 1.70. QUALITY OF WORK/SERVICES - The work/services performed 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. 1.71. REMEDIES PRIOR TO AWARD (Sec. 18-106) - If prior to Contract award it is determined that a formal solicitation or proposed award is in violation of law, then the solicitation or proposed award shall be cancelled by the City Commission, the City Manager or the Chief Procurement Officer, as may be applicable, or revised to comply with the law. 1.72. 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 performance, and shall be invoked by a Contractual Party by submission of a protest to the City Manager. (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 Commission 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 parry'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. 1.73. 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. 1.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 Page 36 of 52 52 Invitation for Bid (IFB) 516388 receipt by the proposer of the notice of the City Manager's recommendation for award of Contract, which will be posted on the City of Miami Purchasing Department website, in the Supplier Corner, Current Solicitations and Notice of Recommendation of Award Section. The notice of the City Manager's recommendation can be found by selecting the details of the solicitation and is listed as Recommendation of Award Posting Date and Recommendation of Award To fields. If "various" is indicated in the Recommendation of Award To field, the Bidder/Proposer must contact the buyer for that solicitation to obtain the suppliers name. It shall be the responsibility of the Bidder/Proposer 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 confirmed 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 determination. 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 form 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 permitted 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 neither a Saturday, Sunday or legal holiday. Intermediate Saturdays, Sundays 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 of the 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 (f), with the Chief Procurement Officer within the time provided in subsection (a), above, shall constitute a forfeiture of such parry'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 Page 37 of 52 53 Invitation for Bid (IFB) 516388 City Manager makes a written determination 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. (f) 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 Commission, as applicable, the filing fee shall be refunded 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 administrative proceedings as prescribed by subsection (e) above. 1.74. SAMPLES - Samples of items, when required, must be submitted within the time specified at no expense to the City. If not 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. 1.75. SELLING, TRANSFERRING OR ASSIGNING RESPONSIBILITIES - Contractor shall not sell, assign, transfer or subcontract at any time during the term of the Contract, or any part of its operations, or assign any portion of the performance required by this contract, except under and by virtue of written permission granted by the City through the proper officials, which may be withheld or conditioned, in the City's sole discretion. 1.76. SERVICE AND WARRANTY —When specified, the bidder/proposer shall define all warranty, service and replacements that will be provided. Bidders/Proposer 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. 1.77. 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 commercial practices are to prevail and that only materials of first quality and correct type, size and design are to be used. All workmanship and services is to be first quality. All interpretations of these specifications shall be made upon the basis of this statement. If your firm 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. 1.78. SUBMISSION AND RECEIPT OF RESPONSES - Responses shall be submitted electronically via the Oracle System or responses may be submitted in hardcopy format 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 RFL1. NO EXCEPTIONS. Bidders/Proposers 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 the name and return address of the Bidder/Proposer. Hardcopy responses not submitted on the requisite Response Forms may be rejected. Hardcopy responses received at any other location than the specified shall be deemed non -responsive. Page 38 of 52 54 Invitation for Bid (IFB) 516388 Directions to City Hall: FROM THE NORTH: 1-95 SOUTH UNTIL IT TURNS INTO US1. US] 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: US 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 of Bidder/Proposer. The City of Miami is not responsible for delays caused by the United States mail delivery or caused by any other occurrence. Responses received after the 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 the 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. If hardcopy responses are submitted at the same time for different solicitations, each response must be placed in a separate envelope, box, or package and each envelope, box or package must contain the information previously stated in 1.82.A. 1.79. TAXES - The City of Miami is exempt from any taxes imposed by the State and/or Federal Government. Exemption certificates will be provided upon request. Notwithstanding, Bidders/Proposers should be aware of the fact that all materials and supplies which are purchased by the Bidder/Proposer for the completion of the contract is subject to the Florida State Sales Tax in accordance with Section 212.08, Florida Statutes, as amended and all amendments thereto and shall be paid solely by the Bidder/Proposer. 1.80. TERMINATION —The City Manager on behalf of the City of Miami reserves the right to terminate this contract by written notice to the contractor effective the date specified in the notice should any of the following apply: A. The contractor is determined by the City to be in breach of any of the terms and conditions of the contract. B. The City has determined 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. 1.81. TERMS OF PAYMENT - Payment will be made by the City after the goods and/or services awarded to a Bidder/Proposer have been received, inspected, and found to comply with award specifications, free of damage or Page 39 of 52 55 Invitation for Bid (IFB) 516388 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. 1.82. 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 hours unless otherwise specified in the Special Conditions. 1.83. 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. 1.84.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." If the 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 harmless 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. 1.85. UNAUTHORIZED WORK OR DELIVERY OF GOODS- Neither the qualified Bidder(s)/Proposer(s) nor any of his/her 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. 1.86. 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. 1.87. VARIATIONS OF SPECIFICATIONS - For purposes of solicitation evaluation, bidders/proposers must indicate any variances from the solicitation specifications and/or 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. Page 40 of 52 61*1 Invitation for Bid (IFB) 516388 2. Special Conditions 2.1. PURPOSE The purpose of this Solicitation is to establish a contract, for City of Miami Municipal Vehicle Equipment - Citywide, as specified herein, from a source(s), fully compliant with the terms, conditions and stipulations of the 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 Procurement Department, Attn: Eduardo Falcon; fax: (305) 400-5390 or email: efalcon@miamigov.com, and a copy filed with the Office of the City Clerk, pursuant to Section 1.34. Cone of Silence. The solicitation title and number shall be referenced on all correspondence. All questions must be received no later than Tuesday, September 29, 2015 at 3:00PM. All responses to questions will be sent to all prospective bidders/proposers in the form of an addendum. NO QUESTIONS WILL BE RECEIVED VERBALLY OR AFTER SAID DEADLINE. 2.3. PRE-BID/PRE-PROPOSAL CONFERENCE None 2.4. TERM OF CONTRACT The Contract shall commence upon the date of notice of award and shall be effective for two (2) years with the option to extend for three (3) additional one (1) year periods, subject to the availability of funds 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 of the City. 2.5. CONDITIONS FOR RENEWAL Each renewal of this Contract is subject to the following: (1) continued satisfactory performance compliance with the specifications, terms and conditions established herein and (2) availability of funds. 2.6. 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 Successful Bidder or their assignee of such occurrence, shall have the unqualified right to terminate the contract without any penalty or expense. No guarantee, warranty or representation is made that any particular project(s) will be awarded to any firm(s). Page 41 of 52 57 Invitation for Bid (IFB) 516388 2.7. METHOD OF AWARD Award of this contract will be made to the responsive and responsible bidder(s) who bid(s) on Lines Sections for Catalogs, Installations and Discounted Labor Rate. Bidder(s) must offer the highest discount off the Manufacturers Price Catalogs, Section 3.1.1., and the lowest Hourly Labor Rates for standard and packaged installations identified, Section 3.1.2. Bidders must submit percent discount bids on all catalogs that you desire to supply and install. Bidders who bid on the Installations, Section 3.1.2., must bid on the Catalogs, Section 3.1.1. as well as submit the time requirements and the Discounted Hourly Labor Rate for all installations shown, or your bid will be deemed non -responsive. If a catalog is.offered by more than one vendor, the City will calculate the total cost of the discounted parts and total amount of hours required multiplied by the vendors discounted labor rate to determine the lowest price for that purchase. Bidders may provide an all inclusive price for items categorized as ADD -ON SERVICES Line Items categorized as ADD -ON SERVICES, will be issued to the vendor(s) performing other contracted work on the unit(s), and not be issued as stand alone work. 2.8. BIDDERS MINIMUM QUALIFICATIONS Bids will be considered only from firms that are regularly engaged in the business of providing goods and/or services as described in this Bid; that have a record of performance for a minimum period of three (3) years; and that have sufficient financial 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 not have: (1) any member, officer, or stockholder that is in arrears or 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 perform faithfully on any previous contract with the City or (2) any record of pending lawsuits or criminal activities or have ever been declared bankrupt. 2.9. FACILITY LOCATION The facility where work is to be performed must be within Miami -Dade or Broward Counties. Bidder shall designate on the Header/Attributes Section, the address of service/equipment installation facility. 2.10. CATALOG DISCOUNTS Bids shall be submitted on the basis of a discount from selected manufacturer's published price list(s). Such published price list(s) must be common to, and accepted by, the industry in general. The lists must be printed, properly identified, and dated as to issuance and effectiveness. 2.11. FIXED AND FIRM PRICING All prices quoted annually for the originally submitted Catalogs are fixed and firm for each year of the contract period. Page 42 of 52 58 Invitation for Bid (IFB) 516388 All prices quoted for the Installation Hourly Labor Rate are fixed and firm throughout the whole term of the contract. 2.12. HOURLY LABOR AND INSTALLATION PRICES The discounted hourly labor and installation prices provided in Specifications, Sections 3.1.1., Catalogs and 3.1.2., Installations, shall include full compensation for all labor, equipment use, travel time and any other cost to the Bidder. This rate is established to be at straight time for all labor, except as otherwise noted. It is understood that any portion of an hour will be charged at the nearest quarter hour period. ADD -ON SERVICES pricing are all-inclusive of all labor, parts and equipment. 2.13. DELIVERY / LIQUIDATED DAMAGES Bidder shall provide and/or install all items at the guaranteed delivery time specified by the City.If the Successful Bidder fails to deliver and install equipment within the specified delivery time, it is understood that $10.00 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. 2.14. FAILURE TO PERFORM Should it not be possible to reach the Successful Bidder(s) or authorized representative(s) and/or should remedial action not be taken within twenty-four (24) hours on any failure to perform according to Specifications (Section 3.0), the City reserves the right to declare Successful Bidder in default of the contract or make appropriate reductions in the contract payment or terminate the contract for cause. 2.15. AS OR EQUAL Manufacturer's name, brand name and/or style number when used in these specifications are for the sole purpose of establishing minimum requirements of levels of quality, standards of performance and design required. They are in no way intended to prohibit the bidding of other manufacturer's brands of equal material, quality, design and standards of performance, unless the wording NO SUBSTITUTION is used. Bids on bidder's equal will be considered provided the bidder specifies brand model, and the necessary descriptive literature. In the event the City elects to contract for an alternate purported to be an equal by the bidder, the acceptance of the item will be conditioned on the City's inspection and testing after receipt. If in the sole judgment of the City the item is determined not to be an equal, the material shall be returned at the Successful Bidder's expense. The City reserves the right to provide the Successful Bidder the opportunity to deliver a product of equal quality or terminate the contract in part or in whole and make award to the next lowest responsive, responsible bidder. 2.16. 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 performance under the provisions of Page 43 of 52 59 Invitation for Bid (IFB) 516388 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 of the 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 Avenue, 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 (Primary and Non -Contributory): A. Limits of Liability Bodily Injury and Property Damage Liability - Each Occurrence: $1,000,000 General Aggregate Limit: $2,000,000 Personal and Adv. Injury. Products and Completed Operations and Fire Damage: $1 000,000. 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 B. Endorsements Required: City of Miami included as an Additional Insured (4) Garage Keepers Legal Liability A. Limits of Liability $ 50,000 Coverage written on a Legal Liability Basis, Primary B. Deductibles Comprehensive Each Auto $1,000/$2,500 Max Collision or Upset Each Auto $1,000/$5,000 Max BINDERS ARE UNACCEPTABLE. 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 of the 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, Page 44 of 52 Invitation for Bid (IFB) 516388 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 his liability and obligation under this section or under any other section of this 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 Terms 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 terms that may be granted to the Bidder. 2.17. PATENTS AND ROYALTIES The bidder, without exception, shall indemnify and save harmless the City and its employees from liability of any iature or kind, including cost and expenses for or on account of any copyrighted, patented, or unpatented invention, process, or article manufactured by the bidder. The bidder has no liability when such claim is solely and exclusively due to the combination, operation or use of any article supplied hereunder with equipment or data not supplied by :.he contractor or if such claim is based solely and exclusively upon the alteration of the article. The City will provide prompt written notification of a claim of copyright or patent infringement. Further, if such a claim is made or is pending, the contractor may, at his/her expense, procure for the City the right to continue use of, replace or modify the article to render it non -infringing. (If none of the alternatives are available, the City will agree to return the article on request to the contractor and receive reimbursement, if any, as may be determined by a court of competent jurisdiction.) If the bidder uses any design, device, or materials covered by setters, patents or copyrights, it is mutually agreed and understood without exception that the bid prices shall include all royalties or costs arising from the use of such designs, devices, or materials in any way involved in the work. 2.18. INSTALLATION, PICK-UP AND DELIVERY REQUIREMENTS All installations will be done at either the Successful Bidder's location (Miami -Dade County or Broward County), their sub -contractors location (Miami -Dade County or Broward County) or at the General Services Administration, Fleet Division location, the Fire Garage or authorized predetermined location within the City of Miami. Time: Bidders shall indicate the number of calendar days required to furnish and/or install the equipment after Page 45 of 52 Al Invitation for Bid (IFB) 516388 receipt of the units at their facility. 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 written notice is given to the City immediately upon knowledge of impending delay. All completed units must be delivered to General Services Administration, Fleet Division location, the Fire Garage or authorized predetermined location within the City of Miami. Failure to comply with the delivery schedule time may result in liquidated damages being accessed as per section 2.13. 2.19. METHOD OF PAYMENT Payment shall be made upon receipt and acceptance of all properly invoiced, approved and completed billings. No down or partial down payments shall be made. 2.20. PACKING SLIP/DELIVERV 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 contains 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 information: purchase order number; date of order; a complete listing of items being delivered; and back -order quantities and estimated delivery of back -orders if applicable. 2.21. COMPLETED WORK The City shall be notified by the Successful Bidder upon completion of work. The City shall inspect and approve same before authorizing payment. Work not satisfactorily completed shall be redone by the Successful Bidder at no additional charge to the City. 2.22. ADDITIONS/DELETIONS OF SUPPLIERS/FACILITIES/ITEMS/SERVICES Although this Solicitation identifies specific suppliers/facilities/items/services to be serviced, it is hereby agreed and understood that any suppliers/facilities/items/services may be added/deleted to/from this contract at the sole option of the City. When a new distributor, product or other additions to the contract are required, the all existing and new Bidders under this contract shall be invited to submit price quotes for these new suppliers/facilities/items/services. If these quotes are comparable with market prices offered for similar suppliers/facilities/items/services, 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. 2.23. CONTRACT ADMINISTRATORS Upon award, Successful Bidder shall report and work directly with Carlos Pau and John Babos, Superintendant for Heavy and Light Fleets respectively, who shall be designated as the Contract Administrator for GSA and Jose Page 46 of 52 62 Invitation for Bid (IFB) 516388 Davila, Superintendent of Support Services, as the Contract Administrator for Fire/Rescue Garage. 2.24. 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 performance of the proposed contract, their capabilities, experience and the portion of the work to be done by the Subcontractor. Failure to identify any and all Subcontractors in the Bid may render the Bid non -responsive. The Successful Bidder(s) shall not, at any time during the tenure of the contract, subcontract any part of the operations or assign any portion or part of the contract, to Subcontractor(s) not originally mentioned in the Bid, except under and by virtue of permission granted by the City through the proper officials. Nothing contained in these specifications shall be construed as establishing any contractual relationship between any Subcontractor and the City. The Successful Bidder(s) shall submit a list of all Sub -Contractor reference information including contacts, address, phone, fax, email, copies of licenses required by the State of Florida and/or Miami -Dade County, in the Header/Attachments Section of this bid and be fully responsible to the City for the acts and omissions of the Sub -Contractor and their employees, the same as for acts and omissions of persons employed by Contractor. 2.25. WORKMANSHIP AND MATERIALS All parts installed and materials used in performance of this contract shall be new (of current design or manufacture). All materials and workmanship shall be of the highest quality. The City shall be the sole judge as to parts and workmanship. 2.26. 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 it 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 the 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 of the statement and will notify the employer of any conviction or plea of guilty or nolo contendere to any violation of Florida*Statute 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 finding; Page 47 of 52 63 Invitation for Bid (IFB) 516388 (5) Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program, if such is available in the employee's community, by any employee who is so convicted and (6) Make a good faith effort to continue to maintain a drug -free workplace through implementation of this section. 2.27. DAMAGES TO PUBLIC/PRIVATE PROPERTY The Successful Bidder shall carry out the work with such care and methods as not to result in damage to public or private property adjacent to the work. Should any public or private property be damaged or destroyed, the Successful Bidder shall assume the expense and repair or make restoration as is practical and acceptable to the City and/or owners of destroyed or damaged property promptly within a reasonable length of time (not to exceed one month from date damage occurred). 2.28. FACTORY DEFECTS All material specified hereafter shall be fully guaranteed by the Successful Bidder against factory defects. Any defects which may occur as the result of either faulty material or workmanship within the period of the manufacturer's standard warranty will be corrected by the Bidder at no expense to the City. 2.29. WARRANTY, FITNESS FOR PURPOSE The Successful Bidder warrants the materials and labor supplied and the work performed under this contract conform to warranty materials provided for two (2) years from date of completion. Any payment by the City on behalf of the goods or services received from the Successful Bidder does not constitute a waiver of these warranty provisions. The Successful Bidder shall be responsible for promptly correcting any deficiency, at no cost to the City, within seven (7) calendar days after the City notifies the Successful Bidder of such deficiency in writing. If the Successful Bidder fails to honor the warranty and/or fails to correct or replace the defective work or items within the period specified, the City may, at its discretion, notify the Successful Bidder, in writing, that the Successful Bidder may be debarred as a City Bidder and/or subject to contractual default if the corrections or replacements are not completed to the satisfaction of the City within ten (10) calendar days of receipt of the notice. If the Successful Bidder fails to satisfy the warranty within the period specified in the notice, the City may (a) place the Successful Bidder in default of its contract, and/or (b) procure the products or services from another vendor and charge the Successful Bidder for any additional costs that are incurred by the City for this work or items; either through a credit memorandum or through invoicing. 2.30. QUALITY AND MANUFACTURE The apparent silences of these specifications as to any details or the apparent omission from it of a detailed description concerning any point, shall be regarded as meaning that only materials and workmanship of first quality are to be used. All interpretations of these specifications shall be made upon the basis of this statement. Specifications, brands and manufacturers' names, where given, are to establish product type and quality required. Any equal thereto will be considered, subject to the approval of the City of Miami. Bidders shall indicate on the Bid Sheets, the manufacturer, brand and model or style number they intend to supply to the City, for each item Bid. All materials shall be new, of current manufacture, and shall carry standard warranties. No substitutions Page 48 of 52 64 Invitation for Bid (IFB) 516388 shall be allowed after the Bid is awarded unless so authorized by the City. The City reserves the right to perform its own testing procedures or to send any and all samples to any certifiable laboratory for analysis. Any and all costs for testing shall be borne by Bidder. On the basis of this testing and analysis, the City shall be sole judge of the acceptability of the sample in conjunction with the Bid specifications and its decision shall be final. Any sample submitted shall create an express warranty that the whole of the goods and/or services to be provided by the Bidder during the contract period shall conform to the sample submitted. The Bidder shall be required to provide adequate restitution to the City, in the manner prescribed by the City, if this warranty is violated during the term of the contract. 2.31. PRODUCT SUBSTITUTES In the event a particular approved and awarded manufacturer's product becomes unavailable during the term of the Contract, the Successful Bidder awarded that 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 exceeds all quality requirements. Successful Bidder shall replace items purchased by the City which are of unacceptable quality or which are determined by the using department unserviceable for any reasons. Items covered by express warranty shall be governed by terms and conditions therein. 2.32. REFERENCES Each Bid must be accompanied by a list of three (3) references as reflected in the Header/Attributes Section of this Solicitation, which shall include the name of the company, dates of contract, description of goods supplied, a contact person and the telephone number. NO BID WILL BE CONSIDERED WITHOUT THIS LIST. 2.33. 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 (l 0) 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 his/her 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. 2.34. TERMINATION A. FOR DEFAULT If Successful Bidder defaults in its performance under this Contract and does not cure the default within 30 days after written notice of default, the City Manager may terminate this Contract, in whole or in part, upon written notice without penalty to the City of Miami. In such event the Successful Bidder shall be liable for damages including the excess cost of procuring similar supplies or services: provided that if, (1) it is determined for any reason that the Page 49 of 52 65 Invitation for Bid (1FB) 516388 Successful Bidder was not in default or (2) the Successful Bidder's failure to perform is without Successful Bidder or its subcontractor's control, fault or negligence, the termination will be deemed to be a termination for convenience of the City of Miami. B. FOR CONVENIENCE The City Manager may terminate this Contract, in whole or in part, upon 30 days prior written notice when it is in the best interest of the City of Miami. If this Contract is for supplies, products, equipment, or software, and so terminated for convenience by the City of Miami the Successful Bidder will be compensated in accordance with an agreed upon adjustment of cost. To the extent that this Contract is for services and so terminated, 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 termination. 2.35. BALANCE OF LINE While the City has listed all needed items on the Bid Solicitation, which are utilized citywide in conjunction with its operations, there may be ancillary items that must be purchased by the City during the term of this contract. For this reason, Bidders are requested to quote the percentage discount that will be offered to the City for items which do not appear on this Bid Solicitation. As reflected by the Bidder on the Price Line, this discount shall be offered for all items listed in nationally, established annual retail supply catalogs. The most recently published catalog shall serve as the basis for establishing the retail price to be discounted. Successful Bidder(s) shall submit, their product catalog, published price list, or other verifiable pricing source(s) for the products they offer as the Balance of Line. 2.36. ADDITIONAL TERMS AND CONDITIONS No additional terms and conditions included as part of your solicitation response shall be evaluated or considered, and any and all such additional terms 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 Conditions 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 form attests to this. If a Professional Services Agreement (PSA) or other Agreement is provided by the City and is expressly included as part of this solicitation, no additional terms or conditions which materially or substantially vary, modify or alter the terms or conditions of the PSA or Agreement, in the sole opinion and reasonable discretion of the City will be considered. Any and all such additional terms and conditions shall have no force or effect and are inapplicable to this PSA or Agreement. Page 50 of 52 Invitation for Bid (IFB) 516388 3. Specifications 3.1. SPECIFICATIONS/SCOPE OF WORK 3.1.1. CATALOGS It is the intent of the following Specifications are to establish a contract with responsive and responsible bidder(s) for the purchase and/or installation or any combination of municipal vehicle equipment as listed below. Vehicle Equipment Discount Off Catalog (Bidders are not required to bid on all equipment catalogues, but MUST submit current catalog with list prices for those discount percentages being offered. Failure to submit catalog with price list may deem your bid non -responsive). The Successful Bidder(s) shall indicate the discount percentage from the most current published price catalogs for the below listed manufacturers of municipal vehicle equipment. The City of Miami intends to purchase items from these catalogs on an as -needed, when -needed basis as deemed in the best interest of the City of Miami. Bidders must submit a current catalog with list prices with bid. The City will apply discount provided in your bid to all items listed in the catalog. Bidders are allowed to update their catalog once per year to become effective on the anniversary date of when the bid contract became effective. Failure to update the catalog by the contract anniversary effective date will forfeit your ur right to update prices until the next anniversary date_ Bidders must bid, on the Price Lines Section, a percentage discount on catalogs which they are authorized resellers (See Price Lines): 3.1.2. INSTALLATIONS Labor Time Rate:(Bidder shall indicate a "fixed" shop labor time allocation to install all police vehicle equipment components purchased under discounted percentages in above catalogs. (1/2 hour = .5, 1/4 hour-- .25) Prisoner Cage Prisoner Seat Prisoner Seat & Cage Rear Window Bars with OEM door panels Rear Window Bars with ABS door panels Four (4) Corner Universal LED Hideaway Light System with Controller Four (4) Corner Universal LED Hideaway Lights System without Controller 3.1.3. WINDOW TINTING Window tinting (if required) on the vehicle will be done at the time of the installation of the equipment and will not be done as a stand alone service. All window tint film used shall be legal in the State of Florida, and shall carry a .standard warranty of seven (7) years against manufacturers defects. Coverage on vehicles is as follow Window Tinting for Sedans shall include five (5) windows, plus one (1) Sunstrip. Window Tinting for Sports Utility Vehicle shall include seven (7) windows, plus one (1) Sunstrip. Window Tinting for Pickup Standard Cab shall include three (3) windows, plus one (1) Sunstrip. Page 51 of 52 67 Invitation for Bid (IFB) 516388 Window Tinting for Pickup Extended Cab shall include five (5) windows, plus one (1) Sunstrip. Window Tinting for Pickup Crew Cab shall include five (5) windows, plus one (1) Sunstrip. Page 52 of 52 RESOLUTION NO. 002-90 5442 A Resolution authorizing the City Manager to enter into a piggyback contract with Public Safety Supply, LLC for the purchase and installation of Brother Thermal Printers for police vehicles. WHEREAS, the Mayor and City Commission wish to purchase and install Brother thermal printers in its police vehicles, and WHEREAS, this purchase and installation will provide the Police Department with equipment designed for mobile operations; and WHEREAS, the purchase of this equipment could lead to long term savings over current utilized equipment which was not designed for current applications; and WHEREAS, this purchase will include retrofitting twenty-seven (27) vehicles to include thermal printer, mounting hardware and on -site installation; and WHEREAS, the City of South Miami will make this purchase from Public Safety Supply, LLC via a piggy back agreement utilizing City of Miami Contract #516388 which offers a 50% discount off of Public Safety USA catalog price for the thermal printers; and WHEREAS, the total cost of purchase will be $22,566 and will be charged to the following account, 615- 1910-521-5210, Federal Forfeiture Supplies with a current balance of $55,000. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section I: The recitals set forth herein above are adopted by reference and adopted as a part of this resolution. Section 2: The City Manager is authorized to purchase these products and services from Public Safety Supply, LLC. Section 3. 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, this holding shall not affect the validity of the remaining portions of this resolution. Section 4: This resolution shall take effect immediately upon approval. PASSED AND APPROVED this 7th day of lanua , 2020. ATTEST: p APTOYED:A. _ r CITY " LERK MAYOR READ AND APPROVED AS TO FORM, LANGUAGE, LEGALITY ANQ COMMISSION VOTE: 5-0 Mayor Stoddard: Yea Vice Mayor Harris: Yea Commissioner Liebman: Yea Commissioner Gil: Yea Commissioner Welsh: Yea -W Agenda item No:2. City Commission Agenda Item Report Meeting Date: January 7, 2020 Submitted by: John Barzola Submitting Department: Pofce Department Item Type: Resolution Agenda Section: Subject: A Resolution authorizing the City Manager to enter into a piggyback contract with Public Safety Supply, LLC for the purchase and installation of Brother Thermal Printers for police vehicles. 3/5 (City Manager -Police Dept.) Suggested Action: Attachments: BrotherThermal Printers Purchase and Install memo.docx Reso Purchase Thermal Printers Piggyback with PublicSafetySupplyCArev.docx Quote g 255.PDF Piggy Back Agreement and City of Miami Contract.pdf 70 CITY OF SOUTH MIAMI South Miami OFFICE OF THE CITY MANAGER r �.i t ransn.'ni�,i'+c INTER -OFFICE MEMORANDUM To: The Honorable Mayor & Members of the City Commission FROM: Steven Alexander, City Manager DATE: January 7, 2020 SUBJECT: A Resolution authorizing the City Manager to Purchase and installation services of Brother thermal printers from Public Safety Supply for police vehicles. Background: The Police Department currently utilizes home office printers for its printer solutions in its police vehicles. They currently replace on average 6-10 printers per year due to short life expectancies for current applications. The proposed purchase and installation of Brother thermal printers should increase life expectancy of deployed printers and thus provide a long term cost savings. Neighboring agencies utilize similar printers and advised minimal issues and the same thermal printers have been in use for 5-7 years. Current thermal paper technology has also advanced over the course of the last few years. This should assist with previous encountered issues such as premature fading and washouts. This purchase will be made utilizing City of Miami contract #516388 via a piggy back agreement. Amount: $22,566 Account: 615-1910-521-5210 Federal Forfeiture Supplies Account ATTACHMENTS: Resolution Quote Public Safety Supply Piggy Back Agreement City of Miami Contract 516388 E 71 CONTRACT FOR: Purchase and/or Installation of Municipal Equipment THIS AGREEMENT made and entered into thisday, of,)GJlk4Iy , �020 by and between the City of South Miami, a Florida municipal Corporation by and th ugh its City Manager (hereinafter referred to as "City") and Public Safety Supply, (hereinafter referred to as "Contractor") whose address is 750 W. 18 St, Miami, FI 33010, and whose email address if rsanchezQyubliesafetysupply.net WITNESSETH: WHEREAS, the City of Miami solicited bids pursuant to IFB No: 516388(21), for Purchase and/or Installation of Municipal Equipment; and WHEREAS, the City of Miami, after completing a competitive bidding process, awarded a contract to Contractor, and WHEREAS, the City of South Miami desires to utilize the City of Miami Contract with Contractor; and WHEREAS, the City is authorized, pursuant to the City of South Miami's Charter, to piggyback off of contracts, such as the contract in question between City of Miami and Contractor, that were entered into in accordance with a solicitation process that is at least as vigorous as that of the City of South Miami; and NOW, THEREFORE, 0ie City and the Contractor, each through their authorized representative/official, agree as follows: 1. The City desires to enter into a Contract, under the same provisions as set forth in the contract between City of Miami and Contractor pursuant to IFB No: 516388(21), as modified by this Agreement. 2. The City has reviewed the contract between City of Miami and Contractor and agrees to the provisions of that contract which shall be applicable to a purchase order to be issued by the City and further agrees to the fair and reasonableness of the pricing. Contractor hereby agrees to provide such goods and/or services, pursuant to the City's purchase order made during the term of this Agreement, under the same price(s), terms and conditions as found in the solicitation documents, the response to the solicitation, and the Agreement/Contract and/or die Award, pertinent copies of which are attached hereto as Attachment A and made a part hereof by reference. 3. All references in the contract between City of Miami and Contractor, 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 City of Miami, as set forth in the contract between City of Miami and the Contractor, shall all be made by the City Manager for the City of South Miami. Notwithstanding anything contained in the City of Miami IFB No: 516388(21) and the contract between City of Miami and the Contractor to the contrary, this Agreement shall be Thomas F. Pepe — 04-03-19 Page 1 of 72 governed by the laws of the State of Florida and venue for all dispute resolutions or litigation shall be in Miami -Dade County, Florida. 4. Term. The term of the contract, including all extensions authorized by the contract shall not exceed five years. 5. Scope of Goods and Services. The scope of goods and services (which may hereinafter be referred to as the "Work") are set forth in the attached Attachment A and any attachments thereto and the City's purchase order, the latter of which shall take precedence. The Contractor has agreed to deliver the goods, if any, and perform the services, if any, in a workman like manner and in accordance with all state, county and City laws, at the locations, if any, designated by the City. All of the goods and services reflected in Attachment A shall, unless otherwise stated in the Attachment A or B, be delivered, if good, and commenced, if services, within N/A days from the date of the execution of this Agreement. The Contractor shall obtain and pay for all permits required for the goods and services rendered, if any, with the exception of permits fees charged by the City, said fees shall be waived. 6. Contract Price. The contract price for the good and services is set forth in Attachment A or B. If not otherwise set forth in the contract between City of Miami and the Contractor, the Contractor shall be paid upon delivery of all the goods, if any, the completion of all the services, if any, and after final inspection and approval, by the City, that approves of the goods delivered, if any, and the services performed, if any. 7. Precedence. The term, provisions and conditions of this Agreement shall take precedence over the terms, provisions and conditions of the contract between Contractor and City of Miami. 8. Grant Funding: This project is being funded by N/A and Contractor agrees to comply with all the requirements of that Grant, applicable to the delivery of the goods and/or services that are the subject of this Agreement, and that are within its power to provide and to provide all the documentation within its control that is required for the City to be able to recover as much of the contract price that is available pursuant to the terms of the grant. A copy of the grant, if any, is attached hereto and made a part hereof by reference. 9. Public Records: CONTRACTOR and all of its subcontractors are required to comply with the public records law (s.119.0701) while providing goods and/or services on behalf of the CITY and the CONTRACTOR, under such conditions, shall incorporate this paragraph in all of its subcontracts for this Project and shall: (a) Keep and maintain public records required by the public agency to perform the service; (b) Upon request from the public agency's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law; (c) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the public agency; and (d) Upon completion of the contract, transfer, at no cost, to the public agency all public records in Thomas F. Pepe — 04-03-19 Page 2 of 4 73 possession of the contractor or keep and maintain public records required by the public agency to perform the service. If the contractor transfers all public records to the public agency upon completion of the contract, the contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the contractor keeps and maintains public records upon completion of the contract, the contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency's custodian of public records, in a format that is compatible with the information technology systems of the public agency. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT 305-663-6340; E-mail: naayneAsouthmiamu_fl.gov_; 6130 Sunset Drive, South Miami, FL 33143. 10. Waiver Jury Trial: City and Contractor knowingly, irrevocably voluntarily and intentionally waive any right either may have to a trial by jury in State or Federal Court proceedings in respect to any action, proceeding, or lawsuit arising out of the Contract Documents or the performance of the Work thereunder or any counterclaim, cross -claim or third party claim filed in the same proceeding. 11. Notices: Whenever notice shall be required or permitted herein, it shall be delivered by hand delivery, e-mail (or similar electronic transmission), facsimile transmission or certified mail with return receipt requested and shall be deemed delivered on the date shown on the e-mail or delivery confirmation for any facsimile transmission or, if by certified mail, the date on the return receipt or the date shown as the date same was refused or unclaimed. if hand delivered to the CITY, a copy must be stamped with the official CITY receipt stamp showing the date of delivery, otherwise the document shall not be considered to have been hand delivered. Notices shall be delivered to the following individuals or entities at the addresses (including e- mail) or facsimile transmission numbers set forth below or in the introductory paragraph to this contract: To CITY: City Manager, 6130 Sunset Dr. South Miami, FL 33143 Tel: (305) 668-2510 Fax: (305) 663-6345 E-mail: salexander@southmiamifl.gov With copies to: City Attorney 6130 Sunset Dr. South Miami, FL 33143 Tel: (305) 667-2564 Fax: (305) 341-0584 E-mail: tpep2@southmiamifl.gov Thomas F. Pepe — 04-03-19 Page 3 of 4 74 12. Validity of Executed Copies: This Agreement may be executed in several counterparts, each of which may be construed as an original. 13. Attorneys' Fees and Costs: In the event of any litigation between the parties arising out of or relating in any way to this Agreement or a breach thereof, each party shall bear its own costs and legal fees. Nothing contained herein shall prevent or prohibit the right to be indemnified for any attorney fees incurred in the defense of an action by a person or entity who is not a party to this Agreement. 14. Indemnification: Notwithstanding anything contained in the contract between Contractor and City of Miami to the contrary, the City does not waive its sovereign immunity granted by Florida Statutes, Section 768.28, and the City's tort liability shall be limited to the waiver of sovereign immunity provided for in Section 768.28. 15. Severability: If any term or provision of this Agreement or the application thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, the remainder of this Agreement, or the application of such term or provision to persons or circumstances other than those to which it is held invalid or unenforceable, shall not be affected thereby and each term and provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. 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 on or before the day and year first above written. jName of Co a or] B• (type name and tit a of signatory above) ATTEST: CITY OF By: k t It n By: Nkcngh Payne, C S n Alexat City Clerk City Manager Read and Approved as to Form, Language, Legality and Execution Thereof. By: Thomas F. Pepe City Attorney Thomas F. Pepe — 04-03-19 Page 4 of 4 75 Ti"Ala of 4Rtamt CONTRACT AVNARD Procurement Dew ment AMENDMEI�IT IFB NO. 516388(21) DESCRIPTION: PURCHASE AND/OR INSTALLATION OF MUNICIPAL VEHICLE EQUIPMENT CITYWIDE TERM OF CONTRACT: TWO (2) YEARS, WITH OTR FOR THREE (3) ADDITIONAL ONE-YEAR PERIODS CONTRACT PERIOD: JANUARY 25, 2016 THROUGH JANUARY 24, 2018 FIRST RENEWAL: JANUARY 25, 2018 THROUGH JANUARY 24. 2019 SECOND RENEWAL: JANUARY 25, 2019 THROUGH JANUARY 24, 2020 COMMODITY CODE: 05557-00 SEC ON #1— VENDOR AW RD Dana Supply, Inc. Public Safety Supply, LLC 1620 NW 82°d Ave. 420 W. 27°' Street Doral, FL 33126 Hialeah, FL 33010 Contact, Mark Sevlgny Contact: Alberto Espinosa Phone: (800) 854-5536 Phone: (305) 986-1373 Email: msevigMaldss.com : Email: aeapinaseftublitsafftuDnhr.net Strobes-R-Us, Inc. 2681 Hammond" Road Pompano Beach, FL 33064 Contact: Tom Hanina Phone: (954) 946-9955 Fax: (954) 946.9677 Email: sal�srus.com ISE"ONO2—AWARDIBACKGROUND INFORMATIONIAPPLICABLE ORDINANCESINOTES i CC AWARD DATE: JANUARY 14, 2016 AMENDED AMOUNT: NIA RESOLUTION NO: 16-0009 INSURANCE REQUIREMENTS: YES TOTAL CONTRACT AMOUNT: N/A PERFORMANCE BOND: WA APPLICABLE ORDINANCES:. WA Notes: Pursuant to Resolution 19-0074, Public Safety Supply, LLC, assumed all assets and contracts of Signal Technologies. Public Safety Supply, LLC 420 W. 2r Street Hialeah, FL 33010 Contact: Alberto Espinosa Phone: (305) 9WI373 Email: aesoinosafoublhsafe unla(y.ne SECT ON - 899UESinNO REPARIMENT CITY OF MIAMI, DEPARTMENT OF GSA Contract Administrator. John Babas Phone: (305) 329.4874 3E TION jA - PROCURING AGENCY CITY OF MIAMI, DEPARTMENT OF PROCUREMENT Buyer. Eduardo Falcon Phone: (305) 416-1901 Prepared By: Aimee Gandarllla, 3/14/19 A CONTRACT AWARD SHEET INSTRUCTIONAL GUIDE TO ASSIST YOU WITH THE INFORMATION CONTAINED HEREIN 19 AVAILABLE IN THE ISUPPLIER INFORMATION SECTION OF OUR WEBPAGE AT: WWW. iIM1AMIGOV.COMIPROCUREMENT 76 a AGENDA ITEM SUMMARY FORM * M1 11tu File ID: #5398 r Date: 01/16/2019 Requesting Department: Department of Erocurement Commission Meeting Date: 02/28 2019 Sponsored By: District Impacted: All Type: Resolution Subject: Assign IF8 - Slanal Technolo9v Entemrlses Purpose of Item: The nature of this item is to seek City Commission approval, for the assignment of IFB No. 516388, from Signal Technology Enterprises, Inc ("Signal Technology") to Public Safety Supply, LLC ("PSS") for the purchase and/or Installation of municipal vehicle equipment, authorizing the City Manager to execute an Acceptance of Assignment, in substantially the attached form, with PSS; further authoring the City Manager to negotiate and execute all other documents, including any amendments, renewals, and extensions, subject to allocations, appropriations and budgetary approval having been previously made, and in compliance with applicable provisions of the Code of the City of Miami, Florida, as amended, ("City Code"), including, the City of Miami's Procurement Ordinance, Anti -deficiency Act, and Financial Integrity Principles, all as set forth In Chapter 18 of the City Code, In a form acceptable to the City Attorney, and in compliance with applicable regulations, as may be necessary for said purpose. Background of item: On January 14, 2016, the City Commission adopted Resolution No.16-0009, approving the Cky's award of IFB No. 516386 to Signal Technology Enterprises, Inc., for the purchase and/or Installation of municipal vehicle equipment, for an initial period of two (2) years with the option to renew for three (3) additional one (1) year periods. On October 2, 2017, Signal Technology enter into an agreement for the sale of its assets to PSS. PSS agreed to assume all the obligations under the above mentioned contract, and it acknowledges that It will be bound by the provisions, duties, liabilities, and obligations of such Contract. Budget Impact Analysis Item has NO budget Impact Item Is NOT Related to Revenue Item Is NOT funded by Bonds Total Fiscal Impact: N/A Reviewed By i 77 8L Wd L L:9 6LOZIMO PereldwOO P818Nea w1go B.4ielo Alo 4elo AID "10 walo Wd W9 ROMMO Peleld oo )poo A110 ow Ag PelBew Pue Peels aoVJ0 sNMO Z410 Wqo AND syl la WWO Wd CTO 61.0Z/90= Peleidwoo 1mm em Aq Peuft 8 wo B.JoAsw jokw m to e0w W+d 00:6 6LOZI9Z20 PeleldW00 Bugaayy xadol usuu peW uolapuxYJ A00 Wd BIP4, 6L UNRO PeleldW03 ssoup woo PUB uu0d PcAQwdy zepuvlNl epop A Aewony AMD e4110 801Ho Wd IIPE 61,001,1ZO PeddPIS mom Aewcq1d Am Ayde0 uI 'l Agme9 AcutW ADO on 10 e09jo Wd ZEE MOZB= papoWOo mw-em 1c88u8W 40 I$ xmw BBIOVN wWo B.a@auBW AND Wd 10'.01, 61,0ZBL20 Peleldwoo mom u01swa equisl$ol ZceBW P u0ual8A u0}s a "Ppoel Wd 60:9 61,0MMO Peleldwo© MOIAea joBwBW Allo luslslssy uewc6Pleg Sipues WWO BANUBW A110 Wd 9Z*V 6LOUM= PeddPis E.s IAON WGUM Owd um 'l AgMBg luawammd 10 luwWtde0 Wd OZ:V 61,0ZIMIZO POPOLUOO MgA9a ie" esoa W ngdolBu43 1sI%M8 Pus IWMMSBUBW is WWO Wd MU 61,0ZICL/ZO PGWWOJ mom 1sAlaw to" 1=81 aPed 1eOPn8 Pus luawa89usA 10 e0g1O Wd 0 6 6LOUZ1,1dO POWWOO meM pasH luawPBdeO ZwOd OPW luetueun=d 10lumxgmdoa City of Miami D Cit)►Hall is 0 Pan A * [Site360merican rive " v� Legislation MlarW FL 33133 R t Resolution www.mlandgov.com Enactment Number. R-19-0074 File Number: 5398 Final Action Date:2/2SM019 A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE ASSIGNMENT OF INVITATION FOR BID ("IFBj NO. 516388, FROM SIGNAL TECHNOLOGY ENTERPRISE, INC. ("SIGNAL TECHNOLOGY") TO PUBLIC SAFETY SUPPLY, LLC ("PSSA), FOR THE PURCHASE AND/OR INSTALLATION OF MUNICIPAL VEHICLE EQUIPMENT; THE CITY MANAGER IS AUTHORIZED TO EXECUTE AN ACCEPTANCE OF ASSIGNMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH PSS; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ALL OTHER DOCUMENTS, INCLUDING ANY AMENDMENTS, RENEWALS, AND EXTENSIONS, SUBJECT TO ALLOCATIONS, APPROPRIATIONS, AND BUDGETARY APPROVAL, HAVING BEEN PREVIOUSLY MADE, AS LONG AS THE SAME TREATMENT IS AFFORDED TO ANY OTHER SUPPLIERS, INCLUDED IN RESOLUTION NO.16-0009, IF THEIR CONTRACTS ARE AMENDED, AND IN COMPLIANCE WITH APPLICABLE PROVISIONS OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), INCLUDING THE CITY OF MIAMI'S PROCUREMENT ORDINANCE, ANTI -DEFICIENCY ACT, AND FINANCIAL INTEGRITY PRINCIPLES, ALL AS SET FORTH IN CHAPTER 18 OF THE CITY CODE, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AND IN COMPLIANCE WITH APPLICABLE REGULATIONS, AS MAY BE NECESSARY FOR SAID PURPOSE. WHEREAS, on January 14, 2016, the City Commission adopted Resolution No. 16- 0009, approving the City of Miami's ("City') award of Invitation for Bid ("IFB") No. 516388 to Signal Technology Enterprises, Inc. ("Signal Technology") for the purchase and/or installation of municipal vehicle equipment, for an Initial period of two (2) years, with the option to renew for three (3) additional one (1) year periods, and authorizing the City Manager to add suppliers for these goods and services on an as needed basis, as determined by the needs of the City; and WHEREAS, on October 2, 2017, Signal Technology sold its assets to Public Safety Supply, LLC ("PSS', which has agreed to assume all the obligations under the above mentioned contract, and acknowledges that It will be bound by the provisions, duties, liabilities, and obligations of such award; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained In the Preamble to this Resolution are adopted by reference and incorporated as If fully set forth In this Section. Section 2. The assignment of the obligation of Signal Technology, under IFB No. 516388 for the purchase and/or installation of municipal vehicle equipment to PSS 1s hereby approved. 79 Section 3. The City Manager is authorized' to execute an Acceptance of Assignment, in substantially the attached form, with PSS. Section 4. The City Manager is further authorized' to negotiate and execute all other documents, Including any amendments, renewals, and extensions, subject to allocations, appropriations and budgetary approval having been previously made, as long as the same treatment is afforded to any other suppliers Included in Resolution No.16-0009, if their contracts are amended, and In compliance with applicable provisions of the Code of the City of Miami, Florida, as amended ("City Code"), Including the City of Miami's Procurement Ordinance, Anti - Deficiency Act, and Financial Integrity Principles, all as set forth In Chapter 18 of the City Code, In a form acceptable to the City Attorney, and in compliance with applicable regulations, as may be necessary for said purpose. Section 5. This Resolution shall become effective immediately upon Its adoption and signature of the Mayor.2 APPROVED AS TO FORM AND CORRECTNESS: dez, tto ey 2119 2019 I The herein authorization is further subject to compliance with all requirements that may be Imposed by the City Attorney. Including but not limited to, those prescribed by applicable City Charter and City Code provisions. 2 If the Mayor does not sign this Resolution, it shall become effective at the end of ten (10) calendar days from the date It was passed and adopted. If the Mayor vetoes this Resolution, It shall become effective Immediately upon override of the veto by the City Commission. E:111 Detail by Entity Name f ynirb'l o% Aav rg 'weal-l�sfsuab, ,a so Vora Swr of norwo w&.11f neaarfM21 of 61Rfa / MMOGIUMNAMM f Search Raeords / Ocf fl By Qg0=M Pkartbcr t Detail by Entity Name Florida UmIled UabHlty Company PUBLIC SAFETY SUPPLY. LLC FlWnff Infofmation Document Number L17000173568 FEMN Number 82 2920746 Date Filed 08/1412017 Effective Date 10ro1/2017 state FL status ACTIVE Last Event LC AMENDMENT Event Date Filed 1011612017 Event Effective Date NONE PPdngjpal Address 420 W 27 STREET HIALEAH, FL 33010 MalRnfr Addfose 420 W 27 STREET HIALEAH. FL 33010 Reftlatered Anent Name & Address ESPINOSA, ALBERTO 14801 SW 48 STREET MIAMI, FL 33176 Autherind Pemonfel Datalr Name & Address BADAL, J. BRADLEY 12 MOUNTAINSIDE ROAD MENDHAM, NJ 07945 This AMSR ESPINOSA, ALBERTO 14601 SW 48 STREET MIAMI. FL 33176 Annual Reports Page 1 of 2 annaM Of COOMMArrOW http://search.sunbiz.org/inguiry/CorpomtionSearch/SearchResultDetail?inquirytype=Entity... 6/5/2018 Detail by Entity Name Report Year Filed Date 2018 04/3012018 Document tmaaes 0413QMO —AN WAL REPAR7 Vfcw b1W to POF t=%g 10118/2ll17 — LC Arrbndmcctt View bungs On PIN to=M 08114=17 — HarMs LIMcd WMI Vlcw bingo b1 PDF tw mW Page 2 of 2 http://search.sunbiz.org/lnquirylCorporationSeamhlSearchResultDetail?inquirytype=Entity... 6/5/2018 82 Visti our website for business opportuni *as at www miaml ov oom/ rocurement City of Miami PURCHASE ORDER/RELEASE NUMBER change Change h ` 7903809 Number Date Blanket Purchase Order aaowahnwnaeon=A as N.Wa•N dcoo rdaaa.00% 0 Department of Purchasing Page No. Order Dal Bld/Contracl Number 1 4 04/o1/2oi9 P.O. Box 330708 Miami, Florida 33233-0708 of (305) 416-1922 Fax - (305) 416-1925 Buyer: Eduard o Falcon Taxpayer ID SuppOa' No. Telephone No. 822920746 36755 305-986-1373 Pubic Safety Supply, LLC 420'Nest 27 St 15akah, FL 33010 City of Miami - Finance - General Accounting 444 SW 2nd Ave, 61h Floor Miami, FL 33130 Customer Account Number Fax - (305) 416-1987 Email - oavablesComfamiow.com Please also forward a copy of the Invoice to the Ship To address above. Effective Stan Date EgecOve End Data Total Agreement Limit 01252016 01242020 Commodity Line Code Descriplion/Delwery Date otv Unit Unh Price Extended Price 1 05557-00 45 Percent Discount Oh Manufacturers Ust Price Catalog for Federal Each 1.00 Signal, www.lederalsignal.com 2 05557.00 10 Percent Discount Oh Manufacturers List Price Catalog for Selina Each 1.00 Manufacturing, www.se0na.com 3 05557-00 10 Percent Discount Oh Manufacturers List Price Catalog for Each 1.00 ember -Johnson, www.gamber(ohnson.com 4 05557.01) 11 Percent Discount Off Manufacturers List Price Catalog for Troy Industries, Each 1.00 viviii.troypiroducts.cont ,. 05557-00 1 Percent Discount Off Manufacturers List Price Catalog for Laguna 3P, Each 1.00 vww.Iaguna3p.com 6 0,5557.00 iO Percent Discount Off Manufacturers List Price Catalog for Public Safety Each 1.00 USA, www.publiosafetyusa.net 7 05567-00 Labor Time to Install Prisoner Cage Hour 1.50 a D5557-M jabor Time to install Prisoner Seat our 1.00 9 D5557-00 Labor Time to install Prisoner Seat and Cage Hour 2.50 10 05557-DO Label Time to Insist[ Rear Window Bars with OEM or ABS door panels Hour 1.50 11 D5557-00 Labor Tme to Install rear Window Bars and ABS door panels Hour 1.50 12 35557.00 abor Time to Install Four (4) Comer Universal LED Hideaway Light System Hour 3.00 'th Controller 13 05557-00 Labor Time to Install Four (4) Corner Universal LED Hideaway Ughl System Hour 3.00 horn Controller 14 055574x1 Labor Rate: Discounted Houriy Labor Rate to Instal[ Items From Catalogs Hour 65.00 and Packages as Usted 15 X557-00 D-ON SERVICES Window Timing with Labor Included for Sedans Each 80.00 (Compact to Full Size) 16 05557-00 DID -ON SERVICES Window Tinting with Labor Included for Sports Utility Each 100.00 ehWes 17 05557-00 D-ON SERVICES Window Tinting with Labor Included for Pickups Each 100.00 landartl Cab is 95557-00 D-ON SERVICES Window Tinting with Labor Included for Pickups Each 100.00 Extended Cab 19 35557.00 DD-ON SERVICES Window Tinting with Labor Included far Pickups Clew Each 100.00 ab iz3 Jisit our website for business o porturillties at www.miami ov.com/ rocurement PURCHASE ORDER/RELEASE NUMBER Change Change ecr or City of Miami 1903809 Number Date Blanket Purchase Order a^e^u,,a^amae ^^r°�.°�a,l^�e,..n","P�a°°°°°,. ° Page No. Order Date Bid/Contract Number Department of Purchasing g• ,"c`• P.O. Box 330708 Miami, Florida 33233.0708 012019 (305) 416-1922 Fax - (305) 416-1925 TaxpaerID Supplier No. Telephone No. 822920746 35755 305-985-1373 PublicSafely Supply, LLC LMIaml, 42D West 27 SI Hialeah, FL 33010mi -Finance •General Accounting d Ave, 61h Floor 33130 Fax - (305) 416-1987 Email - oavablesPiniamioov.com Customer Account Number Ploana also lorward a copy of the Involve to the Ship To address above. Effective Stan Date Effective End Date Total Agreement Umit 01252016 01242020 Live Commodity Code Descri li ruDelivery Dale oly Unit Unit Price Extended Price Pursuant to IFB 516388 (In accordance with IFO 591387) Vehicle Equipment. as authorized by Resolution 16-0009 08: Requisition Number. Vendor Instructions estmalion I. Florida Tax Exempt ID: Ship Via: apartment: 2. Invoices: Direct Invoices in Duplicate to the address shown above. . Terms and conditions set forth in our Bid or Ouotadon and on the ayment Terms: Contact Person: reverse side hereof are incorporated herein by reference become e130 pad of this order Telephone Number: ' 04/012019 An Perez, CPPO, Dlreetor of Procurement Dale Approved N/PC 506 Rev, 12/05 m BY ACCEPTING THIS ORDER, VENDOR AGREES TO THE FOLLOWING TERMS AND CONDITIONS 1. ACCEPTANCE OF PURCHASE ORDER: A Purchase Order is given for Immediate acceptance by the VENDOR. Union promptly notified to the cm "01Y. ths CITY will assume the VENDOR accepts the order as written and will make delivery as specified on the document. 2. ENTIRE AGREEMENT: All specifications, drawings, and data submitted to the VENDOR with this order or the soficilation for this order are hereby incarporaled herein and made a part hercol. This contract contains the entire agreement of the parties. No change In quantities, prices, specifications, lerma, cr shipping instructions will be allowed except on wri en authoriy of the CITY of Miami Pumhas ng Department. Any additional or different terns arA =z1ftions proposed by VENDOR are objected to and hereby rejected unless specifically agreed to by the CITY. 3. IND6ANIFICATION: The VENDOR hereby agrees to Indemnify, save, and hold harmless the CITY from all claims, demands, liabilities, and suits of any mature whatsoever arising out of, because of, or due to the breach of the Agreement by the VENDOR, Its agents or employees, or due to any act or oararence of omisslon or commission of the VENDOR, its agents employees. It Is specifically understood and agreed that this Indamni icmlon ag "irtenl does not cover or Indemnify the CITY for its own negligence m breach of contract. 4. NpgffICATION: The CITY may by written Order, make changes in the specifications H such changes are within the general scope of the Contract. If such changes cause on Increase or decrease in the VENDOR'S costs or In time required for performance of the Contract: (a) the VENDOR shall prorrpy nosy the CITY and assert Its claim for adjustment and an equitable adjustment shall be made by the CITY and the Contract modified aoxrdolgly, Nothing In this clause shall excuse the VENDOR from performing. 5. DEFAULT: Time is of the essence of this contract and H delivery o1 acceptable items or rendering of services Is not completed by the time promised, the CITY reserves the right without liability. In addition to its other rights and remedies, to terminate this contract by notice effective when received by VENDOR; as to staled Items not yet shipped or services not yet rendered, and to purchase substitute gems or services elsewhere and charge the VENDOR with any and all losses Inured. 6. TPANSPORTATION CHARGES: Transportation expenses for all shipments shall be prepaid to destination. Shipments sent C.O.D. or height collect wiamuliho CITY'S written consent will not be accepted and will. at VENDOR'S risk and expense be returned to VENDOR. No charges will be showed by the CITY for transportation, packing, cartage or containers unless otherwise authorized in the Purchase Order. 7. UMAVOIDABLE DELAY: If the VENDOR Is delayed In the delivery of goods purchased under the Purchase Order by a cause beyond its control. VENDOR must Immediately upon receiving knowledge of such delay, give written notice to the CITY and request an extenion of rime. The CITY shall examinu the request and determine If the VENDOR Is mulled to an extension. S. QUAMITY: Quantities furnished In excess of those specified In the Purchase Order will not be accepted and will be held at VENDOR'S risk and 9. INSPECTION: Materials or equipment purchased are subject to inspection and approval at the CITY'S destination. The CITY reserves the right to reject and refuse acceptance of Items which are not In accordance with the Instructions, specifications, drawings, or data of VENDOR'S warranty (expensed or Implied). Rejected materials or equipment shall be removed by, or at the expense of, the VENDOR promptly after rejection. 10. WARRANTY: The VENDOR warrants that all goods and services furnished hereunder will conform in all respects to the terms of this order, Including any drawings, specifications, or standards Incorporated herein, and that they will be free from latent and patent defects In materials, workmanhip and ode, and will be free from such defects in design. In addition. VENDOR warrants that said goods and services ere suitable fcr, and will perform In acco'dantce with, the purpose for which they are purchased, fabricated, manufactured and designed or for such other purposes as are expressly sp%Med In this order. The CITY may return any nonconforming or defective Items to the VENDOR or require correction or replacement of the Item at the time the defeat Is discovered, all at the VENDOR'S risk and expense . Acceptance shall not relleve the VENDOR of Its responsibility. 11. REGULATORY COMPLIANCE: VENDOR represents and warrants that the goods or services furnished hereunder Including all labels, packages, and containers for said goods) comply with all applicable standards, rules and regulations in effect under the requirements of Federal, Stale and local laws, hatuding the Ocapallonal Safety and Health Act as amended, with respect to design, construction, manufacture or use for their intended purpose of mW goods or services. VENDOR shall furnish 'Material Safety Data Shoals' In compliance with the Florida Right To Know Law, Florida Statutes, Chalvar 442. 12. ROYALTIES AND PATENTS: VENDOR shag pay all royalties and license fees. VENDOR shall defend all suits or claims for Infringement of any patent copyright or trademark rights and shall save the CITY harmless from loss on account thereof. 13. PAYMENT: Payments will be made in accordance with the terms on the face of this order, or the VENDOR'S Imroloe, whichever are more tamable to It*(7TY and payment date therefor shag be calculated from the receipt of Invoice or Mal acceptance of the goods, whichever Is later. 14. ICENITIFICATION: Invoices in duplicate with prices set out and giving the correct Purchase Order Number must be sent to the address shown on the face of ttds order, otherwise payment of VENDORS account may be delayed. The Purchase Order Number shag appear on all Invoices, boxes, packages, shipping documents and correspondence, and the list of contents shall be enclosed in each box or package. 15. TERMINATION: CITY may, at any time, terminate this order In whole or in part by written or telegraphic notice or verbal notice confimed in writing. Upon tenNnation for convenience of Buyer, the Buyer will assume responsibility for specific contractual or scheduled financial commitments made prior to none of termination. Any and all services, property, publications, or materials provided during or resulting from the Contract shall become the propery of the Buyer. If, however, termination Is occasioned by the VENDOR'S breach of any condlllon hereol, Including breach warranty, or by VENDORS delay, except due to circumstances beyond the VENDORS control and without VENDOR'S fault or negligence, VENDOR shall not be endaed to any claim or costs or to any profit referred to in sold clause, and Buyer shell have against VENDOR all remedies provided by law and equity. 18. TAXES: CITY of Miami is exempt from Slate and local taxes. Exemption number is printed on the reverse side hereol. This Order shall serve as the exemouon cerlificate. 17. CAW GOVERNING: This contract shag be governed by and construed according to the laws of the Slate of Florida. 18, ASSIGNMENT: Any assignment of this Purchase Order, including any performance of work hereunder, in whole or in part, or mantes due hereunder, shall be void unless consented to by CITY In writing and CITY shall have no obligations to any assignee of VENDOR under any assignment nor amended to in writing by THE CITY. 19. TERMS: The order total shell be paid by the CITY upon receipt of Invoice from VENDOR which shall be subject to verification as to quantities and quaOy of goods delivered or services performed. 20. TAX: VENDOR doing business with the CITY shall not be exempt from paying sales tax to their suppliers for materials to fulfill contractual obligations wfgrae CITY, nor shag any VENDOR be authorized to use the CITY Tax Exemption Number in acquiring such materials. 21. LOCAL RESOURCES: VENDOR shall give that priority to utilizing resources in the disaster area, Including but not limited to procuring supplies and equynm, awarding subcontracts, and employing workmen. 22.?AYMENT CHANGES: Payments Will only be made to the company and address as set forth on Purchase Order unless the VENDOR has recp wed a change thereto an official company letterhead, signed by an authorized officer of the company. 23. UNIFORM COMMERCIAL CODE: The Uniform Commerclal Code (Chapter 672, Florida Statutes) shag prevail as the basis for contractual obEgstions between the VENDOR and CITY for any terms and conditions not specifically staled in this Purchase Order. 24.:4SURANCE: In the event that Insurance Is required by the CITY In connection with this Purchase Order, VENDOR shall provide an Insurance CertCirats, In a form acceptable to the CITY, naming the CITY as an additional Insured, as proof of compliance therewith which said certificate shall consttutat pan of this Purchase Order. 25. BONDING: The CITY reserves the right to require the VENDOR to post a performance and payment bond In the amount of One Hundred percent (100%) tithe Purchase Order total, upon award or at such time doomed necessary by CITY. 26. NON -APPROPRIATION OF FUNDS: In the event no funds or Insufficient funds are appropriated, allocated, and budgeted or are otherwise unvailaba for any reason In any fiscal period or at any time for payments due under this contracitpurchase order, then the City Manager or Procurement Director, upon written notice to the VENDOR of such occurrence, shall have the unqualified right to terminate the contract without any penalty or expense to the City. The Vendor shall have no recourse from such termination except to receive undisputed payments due prior to the effective date of the termination. 86 i i GRAPHIC DESIGNS INTERNATIONAL Providing Quality Public Safety Decals Since 1994. PROPOSAL SGT. DARBY WAGNER 6130 Sunset Drive South Miami, FL 33143 dwagner@southmiamifl.gov SOUTH MIAMI POLICE DEPARTMENT DUTY. DESCRIPTION PRICE TOTAL 7 COMPLETE 3M REFLECTIVE GRAPHICS KIT $534.00 each $3,738 FOR A 2019 FORD INTERCEPTOR UTILITY INCLUDING INSTALLATION PLEASE LET ME KNOW IF AND WHEN TO PROCEED. THANK YOU. Jszniesz (?'5sz114zr6 AUTHORIZED SIGNATURE Jenice Sellers Thank you for your inquiry. We appreciate your consideration. November 20. 2019 TODAY'S DATE PLEASE FAX PURCHASE ORDER TO JENICE SELLERS @ 772-286-8198 OR EMAIL TO JENICE@GDIGRAPHICS.COM 3161 SE Slater St. Stuart, FL 34997 T:772-287-000011-800-344-6853 F.772-286-8198 VANW- DIGPAPHICS.COM 87 kTttv Of Zami C® N T R A C T A W A R D Trocurement Department THIRD & FINAL RENEWAL IFB NO: 516388(21) DESCRIPTION: PURCHASE AND/OR INSTALLATION OF MUNICIPAL VEHICLE EQUIPMENT CITYWIDE TERM OF CONTRACT: TWO (2) YEARS, WITH OTR FOR THREE (3) ADDITIONAL ONE-YEAR PERIODS CONTRACT PERIOD: JANUARY 25, 2016 THROUGH JANUARY 24, 2018 FIRST RENEWAL: JANUARY 25, 2018 THROUGH JANUARY 24, 2019 SECOND RENEWAL: JANUARY 25, 2019 THROUGH JANUARY 24, 2020 THIRD RENEWAL: JANUARY 25, 2020 THROUGH JANUARY 24, 2021 COMMODITY CODE: 05557-00 SECTION #1 — VENDOR AWARD Dana Supply, Inc. Public Safety Supply, LLC 1620 NW 82nd AVE 750 West W Street Coral, FL 33126 Hialeah, FL 33010 Contact: Mark Sevigny Contact: Alberto Espinosa Phone: (800)854-5536 Phone: (305) 986-1373 Email: msevignv(cDtdss.com Email: Breal0me.com Strobes-R-Us,Inc. 2681 Hammondville Road Pompano Beach, FL 33064 Contact: Tom Hanina Phone: (954) 946-9955 Fax: (954)946-9677 Email: sales(a).srus.com SECTION #2 —AWARD/BACKGROUND INFORMATIONIAPPLICABLE ORDINANCES/NOTES CC AWARD DATE: JANUARY 14, 2016 AMENDED AMOUNT: N/A RESOLUTION NO: 16-0009 INSURANCE REQUIREMENTS: YES TOTAL CONTRACT AMOUNT: N/A PERFORMANCE BOND: N/A APPLICABLE ORDINANCES: N/A Notes: THIRD & FINAL RENEWAL: JANUARY 25, 2020 THROUGH JANUARY 24, 2021 SECTION #3 - REQUESTING DEPARTMENT CITY OF MIAMI, DEPARTMENT OF GSA Contract Administrator: John Babos Phone: (305) 329-4874 SECTION #4 - PROCURING AGENCY CITY OF MIAMI, DEPARTMENT OF PROCUREMENT Buyer: Cris Lima Phone., (305) 416-1904 Prepared By: Aimee Gandarilla, 1/28/20 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: W W W. MIAMIGOV.COM/PROCUREMENT W