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					                                           City of Miami
                                                Invitation For Bids
                                                                                 Purchasing Department
                                                   Glenn Marcos, CPPB, Director/Chief Procurement Officer
                                                                                     Miami Riverside Center
                                                                               444 SW 2nd Avenue, 6th Floor
                                                                                       Miami, Florida 33130
                                                         Web Site Address:

                           Bid Number: 03-04-037

                                  Title: TENTS, TABLES, LINENS & CHAIRS RENTAL -
                      Commodity Code: 981-72, 977-41, 450-77

                       Type of Purchase: «TYPE_OF_CONTRACT» for «CONTRACT_PERIOD» with
                                         OTR for «OPTION_TO_RENEW»

                      M/WBE Set-Aside: N/A

                             Sr. Buyer: «ASSIGNED_TO», CPPB
                                   Fax: 305-416-1925
                        E-Mail Address:

                          Issue Date: «MAIL_DATE»
             Deadline for Request for
Additional Information/Clarification:

       Pre-Bid Conference/Site Visit: «PREBID», at «PREBID_TIME»

                            Bid Security: N/A
                      Performance Bond: N/A

                      Bid Opening Date: «OPEN_DAY», «OPEN_DATE»
                                 Time: «TIME»

         Sealed written Bids must be received by the City of Miami, City Clerk’s Office, City Hall,
         3500 Pan American Drive, Miami, Florida 33133-5504, no later than the date, time and at
         the location indicated above for the Bid Opening. Submittal of Bid by fax is not acceptable.
         Three (3) copies of the Bid Response Form (Forms 4-0-4.8) must be returned to the City or
         your bid may be disqualified.

 City of Miami                                            Page 1
 Bid No. 02-03-«NO»

        INTENT:       The General Terms and             Bidder shall complete a separate Price           orders, issue its own purchase orders, be
        Conditions described herein apply to the        Sheet form and shall mark "Alternate             invoiced there from and make its own
        acquisition of goods or equipment with          Bid". Alternate bid shall be placed in the       payments, determine shipping terms and
        an estimated aggregate cost of
                                                        same bid.                                        issue its own exemption certificates as
        $25,000.00 or more.
                                                                                                         required by the successful bidder(s).
        1.1. ACCEPTANCE OF GOODS OR                     1.6. ASSIGNMENT - Successful Bidder
        EQUIPMENT           - Any good(s) or            agrees not to enter into subcontracts, or        1.10. AWARD OF CONTRACT:
        equipment delivered under this bid shall        assign, transfer, convey, sublet, or
        remain the property of the seller until a       otherwise dispose of this Contract, or any       A. The IFB, Bidder’s response, any
        physical inspection and actual usage of         or all of its right, title or interest herein,   addenda issued, and the purchase order
        the good is made, and thereafter is             without City of Miami’s prior written            shall constitute the entire contract, unless
        accepted as satisfactory to the City. It        consent.                                         modified in accordance with any ensuing
        must comply with the terms herein and be                                                         contract.
        fully in accordance with specifications         1.7.    ATTORNEY’S FEES-               In
        and of the highest quality. In the event        connection with any litigation, mediation        B. The award of a contract where there
        the goods/equipment supplied to the City        and arbitration arising out of this              are Tie Bids will be decided by the
        are found to be defective or does not           Contract, the prevailing party shall be          Director of Purchasing or designee.
        conform to specifications, the City             entitled to recover its costs and
        reserves the right to cancel the order          reasonable attorney’s fees through and           C. The award of this Bid may be
        upon written notice to the Successful           including appellate litigation and any           preconditioned on the subsequent
        Bidder and return the product to the            post-judgment proceedings.                       submission of other documents as
        Successful Bidder at the Successful                                                              specified in the Special Conditions or
        Bidder’s expense.                               1.8. AUDIT RIGHTS AND RECORDS                    Technical Specifications. Bidder shall be
                                                        RETENTION - The Successful Bidder                in default of its contractual obligation if
        1.2. ACCEPTANCE OF OFFER - The                  agrees to provide access at all reasonable       such documents are not submitted in a
        signed bid shall be considered an offer on      times to the City, or to any of its duly         timely manner and in the form required
                                                                                                         by the City. Where Bidder is in default of
        the part of the bidder; such offer shall be     authorized representatives, to any books,
                                                                                                         these contractual requirements, the City,
        deemed accepted upon issuance by the            documents, papers, and records of
                                                                                                         through action taken by the Purchasing
        City of a purchase order.                       Successful Bidder which are directly             Department, will void its acceptance of
                                                        pertinent to this Bid, for the purpose of        the Bidder’s Response and may accept
        1.3. ACCEPTANCE/REJECTION –                     audit, examination, excerpts, and                the Bid from the next most lowest
        The City reserves the right to accept or        transcriptions. The Successful Bidder            responsive, responsible Bidder or re-
        reject any or all bids or parts of bids after   shall maintain and retain any and all of         solicit the City’s requirements. The City,
                                                        the books, documents, papers and records         at its sole discretion, may seek monetary
        bid opening and request rebid on the
                                                                                                         restitution from Bidder and its bid bond
        items described in the IFB. In the event        pertinent to the Contract for three (3)
                                                                                                         or guaranty, if applicable, as a result of
        of such rejection, the Director of              years after the City makes final payment         damages or increased costs sustained as a
        Purchasing       shall notify all affected      and all other pending matters are closed.        result of the Bidder’s default.
        bidders and make available a written            Successful Bidder’s failure to or refusal
        explanation for the rejection. The City         to comply with this condition shall result D. The term of the contract shall be
        also reserves the right to waive any            in the immediate cancellation of this specified in one of three documents
        irregularities or minor informalities or        contract by the City.                      which shall be issued to the successful
                                                                                                   Bidder. These documents may either be a
        technicalities in any or all bids and may,
                                                                                                   purchase order, notice of award and/or
        at its discretion, re-bid.                      1.9. AVAILABILITY OF CONTRACT contract award sheet.
                                                        STATE-WIDE - Any Governmental,
        1.4. ADDENDUMS– It is the bidder’s              not-for-profit or quasi-governmental E. The City reserves the right to
        responsibility to ensure receipt of all         entity in the State of Florida, may avail automatically extend this contract for up
        Addendums. Addendums are available on           itself of this contract and purchase any to one hundred twenty (120) calendar
        the       City’s       web   site    at         and all items specified herein from the days beyond the stated contract term in
                                                                                                   order to provide City departments with                          successful bidder(s) at the contract
                                                                                                   continual service and supplies while a
                                                        price(s) established herein, upon mutual
                                                                                                   new contract is being solicited, evaluated,
        1.5. ALTERNATE BID MAY BE                       agreement between the successful and/or awarded.                     If the right is
        CONSIDERED - The City may consider              bidder(s) and any of the above listed exercised, the City shall notify the
        one (1) alternate bid from the same             entities.                                  Bidder, in writing, of its intent to extend
        Bidder for the same solicitation;                                                          the contract at the same price, terms and
        provided, that the alternate bid offers a       Each Governmental, not-for-profit or conditions for a specific number of days.
        different product that meets or exceeds         quasi-governmental entity which uses a Additional extensions over the first one
                                                                                                   hundred twenty (120) day extension may
        the bid requirements. In order for the          contract(s) resulting here from, will
                                                                                                   occur, if, the City and the Successful
        City to consider an alternate bid, the          establish its own contract, place its own

City of Miami                                                                    Page 2
Bid No. 02-03-«NO»
Bidder are in mutual agreement of such 1.14.            BRAND NAMES - If and               of Interest and Code of Ethics Laws. The
extensions.                                  wherever in the specifications brand          City will investigate all potential
                                             names, makes, models, names of any            situations where collusion may have
                      F.        Where the manufacturers, trade names, or bidder            occurred and the City reserves the right
   contract involves a single shipment of catalog numbers are specified, it is for the     to reject any and all bids where collusion
   goods to the City, the contract term purpose of establishing the type, function,        may have occurred.
   shall conclude upon completion of the minimum standard of design, efficiency,
   expressed or implied warranty periods. grade or quality of goods only. When the         1.18.      COMPLIANCE               WITH
                                             City does not wish to rule out other          FEDERAL, STATE AND LOCAL
G. The City reserves the right to award competitors’ brands or makes, the phrase           LAWS - Successful Bidder understands
the contract on a split-order, lump sum or “OR EQUAL” is added. When bidding
                                                                                           that contracts between private entities
individual-item basis,            or such an approved equal, Bidders will submit,
combination as shall best serve the with their bid, complete sets of necessary             and local governments are subject to
interests of the City unless otherwise data           (factory   information     sheets,   certain laws and regulations, including
specified.                                   specifications, brochures, etc.) in order     laws pertaining to public records, conflict
                                             for the City to evaluate and determine the    of interest, records keeping, etc. City and
1.11. BID BOND/ BID SECURITY - A equality of the item(s) bid. The City shall               Successful Bidder agree to comply with
cashier’s or certified check, or a Bid be the sole judge of equality and its               and observe all applicable laws, codes
Bond signed by a recognized surety decision shall be final. Unless otherwise
                                                                                           and ordinances as that may in any way
company that is licensed to do business specified, evidence in the form of samples
in the State of Florida, payable to the may be requested if the proposed brand is          affect the goods or equipment offered,
City of Miami, for the amount bid is other than specified by the City. Such                including but not limited to:
required from all bidders, if so indicated samples are to be furnished after the date
under Section 2.0 Special Conditions. of bid opening only upon request of the              A.   Executive Order 11246, which
This check or bond guarantees that a City. If samples should be requested,                      prohibits discrimination against any
bidder will accept the order or contract, such samples must be received by the                  employee, applicant, or client
as bid, if it is awarded to bidder. Bidder City no later than seven (7) calendar days           because of race, creed, color,
shall forfeit bid deposit to the City should after a formal request is made.                    national origin, sex, or age with
City award contract to Bidder and Bidder                                                        regard to, but not limited to, the
fails to accept the award. The City 1.15. CANCELLATION - The City                               following: employment practices,
reserves the right to reject any and all reserves the right to cancel all invitations           rate of pay or other compensation
surety tendered to the City. Bid deposits for bid before bid opening. In the event              methods, and training selection.
are returned to unsuccessful bidders of bid cancellation, the Director of                  B.   Occupational, Safety and Health Act
within ten (10) days after the award and Purchasing shall notify all prospective                (OSHA), as applicable to this IFB.
successful bidder’s acceptance of award. bidders and make available a written
If sixty (60) days have passed after the explanation for the cancellation.                 C.   The State of Florida Statutes,
date of the formal opening of the bids,                                                         Section 287.133(3)(A) on Public
and no contract has been awarded, all bid 1.16. CAPITAL EXPENDITURES -                          Entity Crimes.
deposits will be returned on demand.         Successful Bidder understands that any
                                             capital expenditures that the firm makes,     D.   Minority/Women Business Affairs
Certified Minority/Women vendors or prepares to make, in order to perform                       Enterprise     (M/WBE)         City
may apply to participate in the City’s the services required by the City, is a                  Ordinances No. 10062, 10538,
Bid Bond Voucher Program by business risk which the Successful                                  11272, as amended, as applicable to
contacting        the    Minority/Women Bidder must assume. The City will not                   this IFB.
Business Affairs office.                     be obligated to reimburse amortized or
                                             unamortized capital expenditures, or to       E.   Environment Protection Agency
1.12. BID RESPONSE FORM - All maintain the approved status of any                               (EPA), as applicable to this IFB.
forms, as described under Section 4.0, Successful Bidder. If Successful Bidder
should be completed, signed and has been unable to recoup its capital                      F.   Uniform Commercial Code (Florida
submitted accordingly.                       expenditures during the time it is                 Statutes, Chapter 672).
                                             rendering such services, it shall not have
1.13.      BID                  SECURITY any claim upon the City.                          G.   Americans with Disabilities Act of
FORFEITED                   LIQUIDATED                                                          1990, as amended.
DAMAGES - Failure to execute a 1.17. COLLUSION - Bidder, by affixing
Contract and/or file an acceptable a signature to its bid, certifies that its bid          H.   National Institute of Occupational
Performance Bond, when required, as is made without previous understanding,                     Safety Hazards (NIOSH), as
provided herein, shall be just cause for agreement or connection either with any                applicable to this IFB.
the annulment of the award and the person, firm or corporation making a bid
forfeiture of the Bid Security to the City, for the same items or with the City of         I.   National      Forest    Products
which forfeiture shall be considered, not Miami’s Purchasing Department or                      Association (NFPA), as applicable
as a penalty, but in mitigation of damages initiating department.         The Bidder            to this IFB.
sustained. Award may then be made to certifies that its bid is fair, without
the next most lowest responsible Bidder control, collusion, fraud or other illegal         J.   City Procurement Ordinance City
or all bids may be rejected.                 action. Bidder certifies that it is in             Code Section 18, Article III.
                                             compliance with Section 2.611, Conflict
City of Miami                                                                Page 3
Bid No. 02-03-«NO»
K.   Conflict of Interest,      City Code                                                   Section 18-74 of the City of Miami Code
     Section 2-611;61.                          The provision does not apply to, among for further clarification.
                                                other communications:
L.   Cone of Silence, City Code Section                                                     This language is only a summary of the
     18-74.                                     oral communications with the City key provisions of the Cone of Silence.
                                                purchasing          staff        regarding Please review City of Miami Code
M. The Florida Statutes Sections                Minority/Women Business Enterprise Section 18-74 for a complete and
   218.73 and 218.74 on Prompt                  (M/WBE) and local vendor outreach thorough description of the Cone of
   Payment.                                     programs;                                   Silence. You may contact the City Clerk
                                                                                            at 305-250-5360, to obtain a copy of
N.   First Source Hiring Agreement, City        oral communications, provided the same.
     Ordinance No. 10032, as applicable         communication is limited strictly to
     to this IFB. Implemented to foster         matters of process or procedure already 1.20. CONFIDENTIALITY - As a
     the creation of new and permanent          contained in the solicitation document;     political subdivision, the City of Miami is
     jobs for City of Miami residents;                                                      subject to the Florida Sunshine Act and
     requires as a condition precedent to       the provisions of the Cone of Silence do Public Records Law. If this Contract
     the execution of service contracts         not apply to oral communications at duly contains a confidentiality provision, it
     including professional services.           noticed site visits/inspections, pre- shall have no application when disclosure
                                                proposal or pre-bid conferences, oral is required by Florida law or upon court
Lack of knowledge by the bidder will in         presentations before selection/evaluation order.
no way be a cause for relief from               committees, contract negotiations during
responsibility. Non-compliance with all         any duly noticed public meeting, or 1.21. CONFLICT OF INTEREST –
local, state, and federal directives, orders,   public presentations made to the Miami Bidders, by responding to this IFB,
and laws may be considered grounds for          City Commission during a duly noticed certify that to the best of their knowledge
termination of contract(s).                     public meeting; or                          or belief, no elected/appointed official or
                                                                                            employee of the City of Miami is
Copies of the City Ordinances may be            communications in writing or by email at financially interested,          directly or
obtained from the City Clerk’s Office.          any time with any City employee, official indirectly, in the purchase of goods or
                                                or member of the City Commission equipment specified in this IFB. Any
1.19. CONE OF SILENCE - Pursuant                unless specifically prohibited by the such interests on the part of the Bidder or
to Section 18-74 of the City of Miami           applicable RFP, RFQ or bid documents. its employees must be disclosed in
Code, a “Cone of Silence” is imposed            (See Section 2.2. of the Special writing to the City. Further, you must
upon each RFP, RFQ, RFLI, or IFB after          Conditions).                                disclose the name of any City employee
advertisement and terminates at the time                                                    who owns, directly or indirectly, an
the City Manager issues a written               Communications in connection with the interest of five percent (5%) or more of
recommendation to the Miami City                collection of industry comments or the the total assets of capital stock in the your
Commission. The Cone of Silence shall           performance of market research regarding firm.
be applicable only to Contracts for the         a particular RFP, RFQ, RFLI OR IFB by
provision of Goods and services and             City Purchasing staff.                      1.22. COPYRIGHT OR PATENT
public works or improvements for                                                            RIGHTS - Bidders warrant that there has
amounts greater than $200,000. The              Proposers or bidders must file a copy of been no violation of copyright or patent
Cone of Silence prohibits any                   any written communications with the rights in manufacturing, producing, or
communication regarding RFPs, RFQs,             Office of the City Clerk, which shall be selling the goods shipped or ordered as a
RFLI or IFB (bids) between, among               made available to any person upon result of this IFB, and bidders agree to
others:                                         request. The City shall respond in writing hold the City harmless from any and all
                                                and file a copy with the Office of the City liability, loss, or expense occasioned by
Potential vendors, service providers,           Clerk, which shall be made available to any such violation.
bidders, lobbyists or consultants and the       any person upon request. Written
City’s professional staff including, but        communications may be in the form of e- 1.23.             DEBARMENT               AND
not limited to, the City Manager and the        mail, with a copy to the Office of the City SUSPENSIONS (Sec 18-107) -
City Manager’s staff, the Mayor, City           Clerk at             (a) Authority and requirement to debar
Commissioners, or their respective staffs;                                                  and suspend. After reasonable notice to
                                                In addition to any other penalties an actual or prospective Contractual
the Mayor, City Commissioners or their          provided by law, violation of the Cone of Party, and after reasonable opportunity
respective staffs and the City’s                Silence by any proposer or bidder shall for such party to be heard, the City
professional staff including, but not           render any award voidable. A violation Manager, after consultation with the
limited to, the City Manager and the City       by a particular Bidder, Proposer, Offeror, Chief Procurement Officer and the city
Manager’s staff;                                Respondent, lobbyist or consultant shall attorney, shall have the authority to debar
                                                subject same to potential pursuant to the a Contractual Party, for the causes listed
potential vendors, service providers,           City Code. Any person having personal below, from consideration for award of
bidders, lobbyist or consultants, any           knowledge of a violation of these city Contracts. The debarment shall be
member of the City’s professional staff,        provisions shall report such violation to for a period of not fewer than three years.
the Mayor, City Commissioners or their          the State Attorney and/or may file a The City Manager shall also have the
respective staffs and any member of the         complaint with the Ethics Commission. authority to suspend a Contractual Party
respective selection/evaluation committee       Proposers or bidders should reference from consideration for award of city
City of Miami                                                                   Page 4
Bid No. 02-03-«NO»
Contracts if there is probable cause for              which the violation remains             and to the degree specified in the
debarment, pending the debarment                      noncompliant.                           Contract.
determination. The authority to debar and
suspend Successful Bidders shall be              (8) Found in violation of a zoning B.        Failure to begin the work under this
exercised in accordance with regulations             ordinance or any other city              Contract within the time specified.
which shall be issued by the Chief                   ordinance or regulation and for
Procurement Officer after approval by the            which a civil penalty or fine is C.      Failure to perform the work with
City Manager, the city attorney, and the             due and owing to the city.               sufficient workers and equipment or
City Commission.                                                                              with sufficient materials to ensure
                                                 (9) Any other cause judged by the            timely completion.
(b) Causes for debarment or suspension.               City Manager to be so serious
Causes for debarment or suspension                    and compelling as to affect the D.      Neglecting or refusing to remove
include the following:                                responsibility     of       the         materials or perform new work
                                                      Contractual Party performing            where prior work has been rejected
    (1) Conviction for commission of a                city Contracts.                         as non conforming with the terms of
        criminal offense incident to                                                          the Contract.
        obtaining or attempting to           (c) Certification. All Contracts for Goods
        obtain a public or private           and services, sales, and leases by the city E. Becoming insolvent, being declared
        Contract or subcontract, or          shall contain a certification that neither        bankrupt, or committing any act of
        incident to the performance of       the Contractual Party nor any of its              bankruptcy or insolvency, or making
        such Contract or subcontract.        principal owners or personnel have been           an assignment for the benefit of
                                             convicted of any of the violations set            creditors,   if   the     insolvency,
    (2)   Conviction under state or forth above or debarred or suspended as                    bankruptcy, or assignment renders
          federal         statutes        of set forth in paragraph (b)(5).                    the successful Bidder incapable of
          embezzlement, theft, forgery,                                                        performing the work in accordance
          bribery,      falsification     or (d) Debarment and suspension decisions.           with and as required by the
          destruction       of      records, Subject to the provisions of paragraph            Contract.
          receiving stolen property, or (a), the City Manager shall render a
          any other offense indicating a written decision stating the reasons for F. Failure to comply with any of the
          lack of business integrity or the debarment or suspension. A copy of                 terms of the Contract in any material
          business honesty.                  the decision shall be provided promptly           respect.
                                             to the Contractual Party, along with a
    (3)   Conviction under state or notice of said party's right to seek judicial All costs and charges incurred by the City
          federal antitrust statutes arising relief.                                      as a result of a default or a default
          out of the submission of Bids                                                   incurred beyond the time limits stated,
          or Proposals.                      1.24.      DEFAULT/FAILURE              TO together with the cost of completing the
                                             PERFORM - The City shall be the sole work, shall be deducted from any monies
    (4)   Violation        of       Contract judge of nonperformance, which shall due or which may become due on this
          provisions, which is regarded include any failure on the part of the Contract.
          by the Chief Procurement successful Bidder to accept the award, to
          Officer to be indicative of furnish required documents, and/or to 1.25.                   DEBARRED/SUSPENDED
          nonresponsibility.           Such fulfill any portion of this contract within VENDORS – An entity or affiliate who
          violation may include failure the time stipulated.                              has been placed on the State of Florida
          without good cause to perform                                                   debarred or suspended vendor list may
          in accordance with the terms Upon default by the successful Bidder to not submit a bid on a contract to provide
          and conditions of a Contract or meet any terms of this agreement, the goods or services to a public entity, may
          to perform within the time City will notify the Bidder of the default not submit a bid on a contract with a
          limits provided in a Contract, and will provide the Successful Bidder public entity for the construction or
          provided that failure to perform three (3) days (weekends and holidays repair of a public building or public
          caused by acts beyond the excluded) to remedy the default. Failure work, may not submit bids on leases of
          control of a party shall not be on the Successful Bidder’s part to correct real property to a public entity, may not
          considered      a     basis    for the default within the required three (3) award or perform work as a Successful
          debarment or suspension.           days shall result in the Contract being Bidder, supplier, subSuccessful Bidder,
                                             terminated and upon the City notifying in or consultant under contract with any
    (5)   Debarment or suspension of the writing the Successful Bidder of its public entity, and may not transact
          Contractual Party by any intentions and the effective date of the business with any public entity.
          federal,    state      or    other termination.     The     following     shall
          governmental entity.               constitute default:                          1.26.     DISCOUNTS           OFFERED
                                                                                          DURING TERM OF CONTRACT -
    (6)   False certification pursuant to A. Failure to perform the work required Discount Prices offered in the Bid shall
          paragraph (c) below.                     under the Contract and/or within the be fixed after the award by the
                                                   time required or failing to use the Commission unless otherwise specified
    (7)   Found in violation of a zoning           subSuccessful Bidders, entities and in the Special Terms and Conditions.
          ordinance or any other city              personnel as identified and set forth, Price discounts off the original prices
          ordinance or regulation and for                                                 quoted in the Bid will be accepted from
City of Miami                                                                Page 5
Bid No. 02-03-«NO»
successful Bidder(s) during the term of        reserves the right to acquire additional (1) Bids will only be considered from
the contract.    Such discounts shall          quantities at the prices bid or at lower     entities who are regularly engaged in
remain in effect for a minimum of 120          prices, in this IFB.                         the business of providing the goods
days from approval by the City
                                                                                            and/or equipment required by the
Commission Any discounts offered by a
manufacturer to Bidder will be passed on                                                    Bid. Bidder’s must be able to
                                               1.31.     EVALUATION OF BIDS                 demonstrate a satisfactory record of
to the City.
                                                                                            performance and integrity and have
1.27. DISCREPANCIES, ERRORS,                   A.        Rejection of Bids                  sufficient financial,        material,
AND OMISSIONS -Any discrepancies,              The City may reject a Bid for any of the     equipment,      facility,   personnel
errors, or ambiguities in the Invitation for   following reasons:                           resources, and expertise to meet all
Bids or addenda (if any) should be
                                                                                            contractual requirements. The terms
reported in writing to the City’s              (1) Bidder fails to acknowledge receipt
Purchasing Department. Should it be                                                         “equipment and organization” as
                                                    of addenda                              used herein shall be construed to
found necessary, a written addendum will
                                               (2) Bidder misstates or conceals any         mean a fully equipped and well
be incorporated in the Invitation for Bids
and will become part of the purchase                material fact in the Bid                established entity in line with the
agreement (contract documents). The                 (3) Bid does not conform to the         best industry practices in the
City will not be responsible for any oral           requirements of the Bid                 industry as determined by the City.
instructions, clarifications, or other         (4) Bid requires a conditional award
communications.                                     that conflicts with the method of (2) The City may consider any evidence
                                                    award                                   available regarding the financial,
1.28. EMERGENCY / DISASTER                     (5) Bid does not include required
PERFORMANCE - In the event of a                                                             technical and other qualifications
                                                    samples, certificates, licenses as      and abilities of a Bidder, including
hurricane or other emergency or disaster
situation, the successful vendor shall              required                                past performance (experience) with
provide      the      City      with     the   (6) Bid was not executed by the              the City or any other governmental
commodities/services defined within the             Bidder’s authorized agent on the        entity in making the award.
scope of this bid at the price contained            Bid Form.
within vendor’s bid. Further, successful
vendor shall deliver/perform for the city The foregoing is not an all inclusive list     (4) The City may require the Bidder(s)
on a priority basis during such times of                                                     to show proof that they have been
                                             of reasons for which a Bid may be               designated      as   an authorized
                                             rejected. The City may reject and re-           representative of a manufacturer or
1.29. ENTIRE AGREEMENT - The advertise for all or any part of the Bid                        supplier which is the actual source
contract consists of this City of Miami Bid Solicitation whenever it is deemed in the        of supply, if required by the Bid.
and specifically this Section II, Successful best interest of the City.
Bidder’s Response and any written
agreement entered into by the City of B. Elimination From Consideration
                                                                                         1.32.         EXCEPTIONS          TO
Miami and Successful Bidder, and                                                         GENERAL AND OR SPECIAL
represents the entire understanding and                                                  CONDITIONS                        OR
                                             (1) A contract shall not be awarded to      SPECIFICATIONS - Exceptions to
agreement between the parties with respect
to the subject matter hereof and supersedes       any person or firm which is in         the specifications shall be listed on
all other negotiations, understanding and         arrears to the City upon any debt or   the Bid Response Form and shall
representations, if any, made by and              contract, or which is a defaulter as   reference the section. Any exceptions
between the parties. To the extent that the       surety or otherwise upon any           to the General or Special Conditions
agreement conflicts with, modifies, alters        obligation to the City.                shall be cause for the bid to be
or changes any of the terms and conditions
                                                                                         considered non-responsive.
contained in the Bid and/or Response, then
                                             (2) A contract may not be awarded to
the Bid and then the Response shall
control. This Contract may be modified            any person or firm which has failed    1.33.    F.O.B. DESTINATION -
only by a written agreement signed by the         to perform under the terms and         Unless otherwise specified in the IFB, all
City of Miami and Successful Bidder.              conditions of any previous contract    prices quoted by the bidder must be
                                                  with the City or deliver on time       F.O.B. DESTINATION, inside delivery,
1.30. ESTIMATED QUANTITIES –                      contracts of a similar nature.         with all delivery costs and charges
Estimated quantities or estimated dollars
                                                                                         included in the bid price, unless
are provided for your guidance only. No (3) A contract may not be awarded to
                                                                                         otherwise specified in this IFB. Failure
guarantee is expressed or implied as to
                                                  any person or firm which has been      to do so may be cause for rejection of
quantities that will be purchased during
the contract period. The City is not              debarred by the City in accordance     bid.
obligated to place an order for any given         with the City’s Debarment and
amount subsequent to the award of this            Suspension Ordinance.                  1.34.    FIRM PRICES - The bidder
bid. Said estimates may be used by the C. Determination of Responsibility                warrants that prices, terms, and
City for purposes of determining the low                                                 conditions quoted in its bid will be firm
bidder meeting specifications. The City
                                                                                         throughout the duration of the contract
City of Miami                                                                 Page 6
Bid No. 02-03-«NO»
unless otherwise specified in the IFB.              Services      includes,       without
Such prices will remain firm for the                limitation,       public       works      1.40.      INSPECTIONS - The City
period of performance or resulting                  improvements,               facilities,   may, at reasonable times during the term
                                                    professional services, commodities,       hereof, inspect Successful Bidder’s
purchase orders or contracts, which are to
                                                    supplies, materials and equipment.        facilities and perform such tests, as the
be performed or supplied over a period                                                        City deems reasonably necessary, to
of time.                                   (c)      The authorized representative shall       determine whether the goods or
                                                    negotiate each first-source hiring        equipment required to be provided by the
1.35.     FIRST-SOURCE             HIRING           agreement.                                Successful Bidder under this Contract
AGREEMENT (Sec. 18-105)                                                                       conform to the terms of the IFB.
(a) The          commission        approves    (d) The primary beneficiaries of the           Successful Bidder shall make available to
     implementation of the first-source            first-source hiring agreement shall        the City all reasonable facilities and
     hiring agreement policy and requires          be participants of the city training       assistance to facilitate the performance of
     as a condition precedent to the               and employment programs, and               tests     or    inspections      by    City
     execution of service contracts for            other residents of the city.               representatives. All tests and inspections
     facilities, services, and/or receipt of                                                  shall be subject to, and made in
     grants and loans, for projects of a       1.36. GOVERNING              LAW       AND     accordance with, the provisions of the
     nature that create new jobs, the          VENUE:                                         City of Miami Ordinance No. 12271
     successful negotiation of first-source    The validity and effect of this Contract       (Section 18-79), as same may be
     hiring agreements between the             shall be governed by the laws of the State     amended or supplemented from time to
     organization or individual receiving      of Florida. The parties agree that any         time.
     said contract and the authorized          action, mediation or arbitration arising
     representative unless such an             out of this Contract shall take place in 1.41. INSPECTION OF BID - Sealed
     agreement is found infeasible by the      Miami-Dade County, Florida.                  bids received by the City pursuant to
     city manager and such finding
     approved by the city commission at                                                     Invitation For Bids will not be made
                                               1.37. HEADINGS AND TERMS - The
     a public hearing.                         headings to the various paragraphs of this available until such time as the City
                                               Contract have been inserted for provides notice of a decision or intended
(b) For the purpose of this section, the       convenient reference only and shall not decision or within 10 days after bid
    following terms, phrases, words and        in any manner be construed as modifying, opening, whichever is earlier. Bid results
    their derivations shall have the           amending or affecting in any way the will be tabulated and may be furnished
    following meanings:                        expressed terms and provisions hereof.       upon request via fax or e-mail to the Sr.
                                                                                            Buyer issuing the IFB. Tabulations also
     Authorized representative means the       1.38.      IDEMNIFICATION - The
     Private Industry Council of South                                                      are available on the City’s Web Site
                                               Successful Bidder shall indemnify and
     Florida/South Florida Employment                                                       following recommendation for award.
                                               save harmless forever the City, and all the
     and Training Consortium, or its
     successor as local recipient of           City's agents, officers and employees 1.42.             INSURANCE - Within ten
     federal and state training and            from and against all charges or claims (10) days after receipt of Notice of
     employment funds.                         resulting from any bodily injury, loss of Award, the successful Successful Bidder,
                                               life, or damage to property from any act, shall furnish Evidence of Insurance to the
     Facilities means all publicly             omission or neglect, by itself or its Purchasing Department, if applicable.
     financed projects, including but          employees; the Successful Bidder shall Submitted evidence of coverage shall
     without     limitation,     unified       become defendant in every suit brought demonstrate strict compliance to all
     development projects, municipal                                                        requirements listed on the Special
                                               for any of such causes of action against
     public works, and municipal                                                            Conditions          entitled     “Insurance
     improvements to the extent they are       the City or the City's officials, agents and Requirements”. The City shall be listed
     financed through public money             employees; the Successful Bidder shall as an “Additional Insured.”
     services or the use of publicly           further indemnify City as to all costs,
     owned property.                           attorney's fees, expenses and liabilities Issuance of a Purchase Order is
                                               incurred in the defense of any such contingent upon the receipt of proper
     Grants and loans means, without           claims and any resulting investigation.      insurance documents. If the insurance
     limitation,    urban     development                                                   certificate is received within the specified
     action grants (UDAG), economic                                                         time frame but not in the manner
                                               1.39.      INFORMATION                 AND
     development agency construction                                                        prescribed in this Invitation for Bids the
                                               DESCRIPTIVE           LITERATURE           -
     loans, loans from Miami Capital                                                        Successful Bidder shall be verbally
                                               Bidders must furnish all information
     Development, Incorporated, and all                                                     notified of such deficiency and shall have
                                               requested in the spaces provided on the
     federal and state grants administered                                                  an additional five (5) calendar days to
                                               Bid Response Form. Further, as may be
     by the city.                                                                           submit a corrected certificate to the City.
                                               specified elsewhere, each Bidder must
                                                                                            If the Successful Bidder fails to submit
                                               submit for bid evaluation cuts, sketches,
     Service contracts means contracts                                                      the required insurance documents in the
                                               descriptive literature, and technical
     for the procurement of services by                                                     manner prescribed in this IFB within
                                               specifications covering the products
     the city which include professional                                                    fifteen (15) calendar days after receipt
                                               offered. Reference to literature submitted
     services.                                                                              Notice of Award, the Successful Bidder
                                               with a previous bid or on file with the
                                                                                            shall be in default of the contractual
                                               Buyer will not satisfy this provision.
City of Miami                                                                   Page 7
Bid No. 02-03-«NO»
terms and conditions and shall not be         or Women and whose management and this Office at (305) 416-1913 for
awarded the contract.       Under such        daily business operations are controlled information.
circumstances, the Bidder may be              by one or more Blacks, Hispanics or
prohibited from submitting future bids to                                                  1.47.      MODIFICATIONS               OR
the City. Information regarding any                                                        CHANGES IN PURCHASE ORDERS
insurance requirements shall be directed                                                   AND CONTRACTS
to the Risk Administrator, Department of      To achieve the goal established by these No contract or understanding to modify
Risk Management, at 444 SW 2nd                Ordinances, participation in providing this IFB and resultant purchase orders or
Avenue, 9th Floor, Miami, Florida 33130,      goods and services to the City by contracts, if applicable, shall be binding
305-416-1604.                                 minorities is being encouraged in a upon the City unless made in writing by
                                              number of ways. All bidders doing the Director of Purchasing of the City of
The Bidder shall be responsible for           business with the City are encouraged to Miami, Florida through the issuance of a
assuring     that    the   insurance                                                       change order or modification to the
                                              include the participation of minority
certificates required in conjunction                                                       contract, purchase order or award sheet
with this Section remain in force for         firms in their bids. In evaluating bids for as appropriate.
the duration of the contractual               determination of awards, minority
period; including any and all option          participation may be a factor. Failure to 1.48.         NO INTEREST IN BIDDING
terms that may be granted to the              adequately involve minority firms may be - If you do not wish to bid, please return
Bidder.                                       a basis for rejecting any and all bids.      the “Statement of No Bid” form, stating
                                                                                           the reason. Failure to submit a response
1.43.      INVOICES - Invoices shall          Possible ways to include minority after three (3) times without a sufficient
contain purchase order number and             participation would involve:                 justification of “No Bid” will be cause
                                                                                           for removal from the Vendor/Bidder’s
details of goods or equipment delivered
(i.e. quantity, unit price, extended price,   1. Joint venture with a minority firm(s)
etc).                                         2. Utilizing minority firm(s) as Vendors are encouraged to register on-
                                                   subSuccessful Bidder(s).                line by visiting the City’s website at
1.44.     LOCAL PREFERENCE -                  3. Utilizing minority firm(s) to supply
City Code Section 18-85, states that the           goods and/or services.
City Commission may offer to a                4. Successful implementation of well 1.49. NO PARTNERSHIP OR JOINT
responsible and responsive bidder, who
                                                   defined affirmative action program. VENTURE - Nothing contained in this
maintains a Local Office, the opportunity                                                  Contract will be deemed or construed to
                                              5. Other         forms       of    minority
of accepting a bid at the low bid amount,                                                  create a partnership or joint venture
if the original bid amount submitted by            participation,        if       properly between the City of Miami and
the local vendor is not more than ten              documented.                             Successful Bidder, or to create any other
percent (10%) in excess of the lowest                                                      similar relationship between the parties.
other responsible and responsive bidder.      Successful bidder(s) shall be required
                                              to establish an Affirmative Action Plan, 1.50.          NONCONFORMANCE TO
1.45.       MANUFACTURER’S                    if not, an Affirmative Action Policy CONTRACT CONDITIONS - Items
CERTIFICATION - The City reserves             shall be established, pursuant to may be tested for compliance with
the right to request from bidders a           Ordinance #10062 as amended. specifications under the direction of the
separate Manufacturer’s Certification of      Effective date of implementation must Florida Department of Agriculture and
all statements made in the bid. Failure to    be indicated on the policy.                  Consumer Services or by other
provide such certification may result in                                                 appropriate testing Laboratories as
the rejection of bid or termination of A “Minority Status Information Sheet” in          determined by the City. The data derived
contract, for which the bidder must bear Section 4.4. is provided to assist bidders      from any test for compliance with
full liability.                            in presenting information concerning          specifications is public record and open
                                           minority participation.                       to examination thereto in accordance
1.46.       MINORITY/WOMEN                                                               with Chapter 119, Florida Statutes. Items
PROCUREMENT              PROGRAM         - Minority and women-owned business             delivered      not     conforming      to
                                                                                         specifications may be rejected and
Ordinance No. 10062, as amended, firms are encouraged, but not required, to
                                                                                         returned at Bidder’s expense. These non-
entitled the Minority and Women register with the City prior to submitting
                                                                                         conforming items not delivered as per
Business Affairs and Procurement bids.              The Purchasing Department,
                                                                                         delivery date in bid and/or Purchase
                                           Minority/Women        Business    Affairs
Ordinance of the City of Miami, Florida,                                                 Order may result in bidder being found in
                                           Office, will provide the necessary forms
sets forth "...a goal of awarding at least and instructions upon request.        All     default in which event any and all
51 percent of the City's total annual bidders are urged to submit bids for any           reprocurement costs may be charged
dollar volume of all expenditures for all goods or services that they are able to        against the defaulted Successful Bidder.
goods and services to Black, Hispanic supply,          regardless    of    minority      Any violation of these stipulations may
                                                                                         also result in the supplier’s name being
and Women minority business enterprises classification. However, compliance with
                                                                                         removed from the City of Miami’s
on an equal basis." A minority business all requests for information regarding           bidder’s list.
                                           Minority/Women Status or Participation
enterprise is defined as a business firm
                                           is required. Bidder’s cooperation is
" which at least 51 percent of said greatly needed to aid the City in               1.51.     NONDISCRIMINATION      -
enterprise is owned by Blacks, Hispanics, achieving its goal. Bidders may contact        Bidder    agrees that it shall not
City of Miami                                                                 Page 8
Bid No. 02-03-«NO»
discriminate as to race, sex, color, age,       provision to persons or circumstances            include packaging, handling and
religion, national origin, marital status, or   other than those as to which it is held          shipping, and F.O.B. Miami delivery
disability in connection with its               invalid shall not be affected thereby, and       inside    City   premises    unless
                                                each provision of this Contract shall be         otherwise specified. Bidder shall
performance under this solicitation.
                                                valid and enforced to the fullest extent         include in the response all taxes,
Furthermore, Bidder agrees that no              permitted by law.                                insurance,      social     security,
otherwise qualified individual shall solely                                                      workmen’s compensation, and any
by reason of his/her race, sex, color, age,     1.55. PERFORMANCE BOND – A                       other benefits normally paid by the
religion, national origin, marital status or    Successful Bidder may be required to             Bidder to its employees.          If
disability be excluded from the                 furnish a Performance Bond as part of the        applicable, a unit price shall be
participation in, be denied benefits of, or     requirements of this Contract, in an             entered in the “Unit Price” column
                                                amount equal to one hundred percent              for each item.         Based upon
be subjected to, discrimination under any
                                                (100%) of the contract price.                    estimated quantity, an extended
program or activity receiving federal                                                            price shall be entered in the
financial assistance.                                                                            “Extended Price” column for each
                                                1.56.                 NON-EXCLUSIVE
                                                CONTRACT/                   PIGGYBACK            item offered.      In case of a
In connection with the conduct of its                                                            discrepancy between the unit price
                                                PROVISION - At such times as may
business, including performance of                                                               and extended price, the unit price
                                                serve its best interest, the City of Miami
services and employment of personnel,                                                            will be presumed correct.
                                                reserves the right to advertise for,
Bidder shall not discriminate against any
                                                receive, and award additional bids for
person on the basis of race, color,
                                                these herein items, and to make use of C.        The Bidder must state a definite
religion, disability, age, sex, marital                                                          time, if required, in calendar days
                                                other competitively bid (governmental)
status or national origin. All persons                                                           for delivery of goods or equipment.
                                                contracts, SNAPS Agreements, or other
having appropriate qualifications shall be
                                                similar sources for the purchase of these
afforded     equal     opportunity     for
                                                goods or equipment as may be available. D.       The Bidder should retain a copy of
employment.                                                                                      all bid documents for future
                                                It is hereby agreed and understood that          reference.
                                                this solicitation does not constitute the
LICENSE - Any person, firm,                     exclusive rights of the successful E.            All bid response forms as described
corporation or joint venture, with a            bidder(s) to receive all orders that may be      under Section 4.0, must be fully
business location in the City of Miami          generated by the City in conjunction with        completed and typed or printed in
                                                this Solicitation.                               ink and must be signed in ink with
and is submitting a Bid under this IFB
                                                                                                 the firm’s name and by an officer or
shall meet the City's Occupational
                                                In addition, any and all commodities,            employee having authority to bind
License Tax requirements in accordance                                                           the company or firm by his/her
                                                equipment, and services required by the
with Chapter 31.1, Article I of the City of                                                      signature. Bids having any erasures
                                                City in conjunction with construction
Miami Charter. Others with a location           projects are solicited under a distinctly        or corrections must be initialed in
outside the City of Miami shall meet their      different bid process and shall not be           ink by person signing the bid or the
local    Occupational      License     Tax      purchased under the terms, conditions            bid may be rejected.
requirements. A copy of the license must        and awards rendered under this
                                                solicitation, unless such purchases are F.       The City of Miami’s Bid Response
be submitted with the Bid; however, the
                                                determined to be in the best interest of         Forms which are attached to this
City may at its sole option and in its best                                                      solicitation should be used when
                                                the City.
interest allow the Bidder to supply the                                                          Bidder is submitting its bid. Use of
license to the City during the evaluation       1.57.      PREPARATION OF BIDS -                 any other forms will result in the
period, but prior to award.                     Bidders are expected to examine the              rejection of the bid.          THE
                                                specifications,      required  delivery,         ORIGINAL AND THREE (3)
1.53.          OWNERSHIP               OF       drawings, and all special and general            COPIES OF THESE SETS OF
DOCUMENTS - It is understood by and             conditions. All bid amounts shall be             FORMS AND ANY REQUIRED
between the parties than any documents,         typewritten entered into the space               ATTACHMENTS MUST BE
records, files, or any other matter             provided with ink. Failure to do so will         RETURNED TO THE CITY OR
whatsoever which is given by the City to        be at the Bidder’s risk.                         YOUR         BID      MAY        BE
the successful Bidder pursuant to this                                                           DISQUALIFIED.
solicitation shall at all times remain the A.        Each Bidder shall furnish the
property of the City and shall not be used           information required in the IFB.        1.58. PRICE ADJUSTMENTS – Any
by the Bidder for any other purposes                 The Bidder shall sign the IFB and       price decrease effectuated during the
whatsoever without the written consent               print in ink or type the name of the    contract period either by reason of market
of the City.                                         Bidder, address, and telephone          change or on the part of the Successful
                                                     number on the face page and on          Bidder to other customers shall be passed
1.54.     PARTIAL INVALIDITY - If                    each continuation sheet thereof on      on to the City of Miami.
any provision of this Contract or the                which he/she makes an entry, as
application thereof to any person or                 required.                1.59. PRODUCT SUBSTITUTES - In
circumstance shall to any extent be held                                      the event a particular awarded and
invalid, then the remainder of this B. The unit price for each unit offered approved     manufacturer's   product
Contract or the application of such      shall be shown, and such price shall
City of Miami                                                                   Page 9
Bid No. 02-03-«NO»
becomes unavailable during the term of                                                     the immediate cancellation        of   this
the Contract, the Successful Bidder          1.62 PROPERTY - Property owned                Contract by the City.
awarded that item may arrange with the       by the City of Miami is the responsibility
                                             of the City of Miami. Such property           1.66. QUALITY - All materials used in
City’s authorized representative(s) to
                                             furnished to a Successful Bidder for          the manufacturing or construction of
supply a substitute product at the bid                                                     supplies, materials, or equipment covered
                                             repair, modification, study, etc., shall
price or lower, provided that a sample is    remain the property of the City of Miami.     by this bid shall be new. The items bid
approved in advance of delivery and that     Damages to such property occurring            must be of the latest make or model, of
the new product meets or exceeds all         while in the possession of the Successful     the best quality, and of the highest grade
quality requirements.                        Bidder shall be the responsibility of the     of workmanship, unless as otherwise
                                             Successful Bidder. Damages occurring to       specified in this IFB.
1.60. PROHIBITIONS - Successful              such property while in route to the City
Bidder represents and warrants to the        of Miami shall be the responsibility of       1.67. QUALITY OF WORK – The
City that it has not employed or retained    the Successful Bidder. In the event that      work performed must be of the highest
any person or company employed by the        such property is destroyed or declared a      quality and workmanship.         Materials
City to solicit or secure this Contract and  total loss, the Successful Bidder shall be    furnished to complete the service shall be
that it has not offered to pay, paid, or     responsible for replacement value of the      new and of the highest quality except as
agreed to pay any person any fee,            property at the current market value, less    otherwise specified in this IFB.
commission, percentage, brokerage fee,       depreciation of the property if any.
or gift of any kind contingent upon or in                                                  1.68. REMEDIES PRIOR TO
connection with, the award of this 1.63.              PROVISIONS BINDING -                 AWARD (Sec. 18-106)
Contract.                                   Except as otherwise expressly provided         If prior to Contract award it is determined
                                            in this Contract, all covenants, conditions    that a solicitation or proposed award is in
1.61. PROMPT PAYMENT - Bidders and provisions of this Contract shall be                    violation of law, then the solicitation or
                                            binding upon and shall inure to the            proposed award shall be cancelled by the
may offer a cash discount for prompt
                                            benefit of the parties hereto and their        City Commission, the City Manager or
payment; however, discounts shall not be respective heirs, legal representatives,          the Chief Procurement Officer, as may be
considered in determining the lowest net successors and assigns.                           applicable, or revised to comply with the
cost for bid evaluation purposes.                                                          law.
                                            1.64. PUBLIC ENTITY CRIMES - A
Bidders are required to provide their person or affiliate who has been placed              1.69.     RESOLUTION OF
prompt payment terms in the space on the convicted vendor list following a                 CONTRACT DISPUTES (Sec. 18-
provided on the Bid Certification conviction for a public entity crime may                 105)
Statement Form (Section No. 4.1.). If no not submit a bid on a contract to provide         (a) Authority to resolve Contract
prompt payment discount is being any goods or services to a public entity,                 disputes. The City Manager, after
offered, the Bidder must enter zero (0) may not submit a bid on a contract with a          obtaining the approval of the city
for the percentage discount to indicate no public entity for the construction or           attorney, shall have the authority to
discount. If the Bidder fails to enter a repair of a public building or public             resolve controversies between the
percentage, it is understood and agreed work, may not submit bids on leases of             Contractual Party and the city which arise
that the terms shall be 2% 20 days, real property to a public entity, may not              under, or by virtue of, a Contract between
effective after receipt of invoice or final be awarded or perform work as a                them; provided that, in cases involving an
acceptance by the City, whichever is Successful                Bidder,         supplier,   amount greater than $25,000, the City
later.                                      subSuccessful Bidder, or consultant            Commission must approve the City
                                            under a contract with any public entity,       Manager's decision. Such authority
When the City is entitled to a cash and may not transact business with any                 extends,     without      limitation,   to
discount, the period of computation will public entity in excess of the threshold          controversies based upon breach of
commence on the date of delivery, or amount provided in Section 287.017, for               Contract, mistake, misrepresentation or
receipt of a correctly completed invoice, CATEGORY TWO for a period of 36                  lack of complete performance, and shall
whichever is later. If an adjustment in months from the date of being placed on            be invoked by a Contractual Party by
payment is necessary due to damage, the the convicted vendor list.                         submission of a protest to the City
cash discount period shall commence on                                                     Manager.
the date final approval for payment is 1.65.          PUBLIC         RECORDS           -
authorized. If a discount is part of the Successful Bidder understands that the            (b) Contract dispute decisions. If a
contract, but the invoice does not reflect public shall have access, at all reasonable     dispute is not resolved by mutual
the existence of a cash discount, the City times, to all documents and information         consent, the City Manager shall promptly
is entitled to a cash discount with the pertaining to City contracts, subject to the       render a written report stating the reasons
period commencing on the date it is provisions of Chapter 119, Florida                     for the action taken by the City
determined by the City that a cash Statutes, and City of Miami Code,                       Commission or the City Manager which
discount applies.                           Section 18, Article III, and agrees to         shall be final and conclusive. A copy of
                                            allow access by the City and the public to     the decision shall be immediately
Price discounts off the original prices all documents subject to disclosure under          provided to the protesting party, along
quoted on the Price Sheet will be applicable law.                 Successful Bidder’s      with a notice of such party's right to seek
accepted from successful bidders during failure or refusal to comply with the              judicial relief, provided that the
the term of the contract.                   provision of this section shall result in      protesting party shall not be entitled to
                                                                                           such judicial relief without first having
City of Miami                                                                Page 10
Bid No. 02-03-«NO»
followed the procedure set forth in this        ii. Any actual Responsive and               Chief Procurement Officer shall obtain
section.                                     Responsible Bidder whose Bid is lower          the requisite approvals and communicate
                                             than that of the recommended bidder may        said decision to the protesting party and
                                             protest to the Chief Procurement Officer.      shall submit said decision to the City
                                             A written notice of intent to file a protest   Commission within 30 days after he/she
                                             shall be filed with the Chief Procurement      receives the protest. In cases involving
                                             Officer within two days after receipt by       more than $25,000, the decision of the
1.70. RESOLUTION OF                          the bidder of the notice of the city’s         Chief Procurement Officer shall be
PROTESTED SOLICITATIONS AND determination of non responsiveness or                          submitted for approval or disapproval
AWARDS (Sec. 18-104)                         non responsibility. The receipt by bidder      thereof to the City Commission after a
(a) Right to protest. The following of such notice shall be confirmed by the                favorable recommendation by the city
procedures shall be used for resolution of city by facsimile or electronic mail or          attorney and the City Manager.
protested solicitations and awards except U.S. mail, return receipt requested. A
for purchases of goods, supplies, notice of intent to file a protest is                     (c) Compliance with filing requirements.
equipment, and services, the estimated considered filed when received by the                Failure of a party to timely file either the
cost of which does not exceed $25,000.       Chief Procurement Officer.                     notice of intent to file a protest or the
                                                iii. A written protest based on any of      written protest, together with the required
Protests thereon shall be governed by the the foregoing must be submitted to the            Filing Fee as provided in subsection (f),
Administrative Policies and Procedures Chief Procurement Officer within five (5)            with the Chief Procurement Officer
of Purchasing.                               days after the date the notice of protest      within the time provided in subsection
                                             was filed. A written protest is considered     (a), above, shall constitute a forfeiture of
1. Protest of Solicitation.                  filed when received by the Chief               such party's right to file a protest
   i. Any prospective proposer who Procurement Officer.                                     pursuant to this section. The protesting
perceives itself aggrieved in connection                                                    party shall not be entitled to seek judicial
with the solicitation of a Contract may The written protest may not challenge the           relief without first having followed the
protest to the Chief Procurement Officer. relative weight of the evaluation criteria        procedure set forth in this section
A written notice of intent to file a protest or the formula for assigning points in
shall be filed with the Chief Procurement making an award determination.                    (d) Stay of Procurements during protests.
Officer within three days after the                                                         Upon receipt of a written protest filed
Request for Proposals, Request for The written protest shall state with                     pursuant to the requirements of this
Qualifications or Request for Letters of particularity the specific facts and law           section, the city shall not proceed further
Interest is published in a newspaper of upon which the protest of the solicitation          with the solicitation or with the award of
general circulation. A notice of intent to or the award is based, and shall include         the Contract until the protest is resolved
file a protest is considered filed when all pertinent documents and evidence and            by the Chief Procurement Officer or the
received by the Chief Procurement shall be accompanied by the required                      City Commission as provided in
Officer; or                                  Filing Fee as provided in subsection (f).      subsection (b) above, unless the City
   ii. Any prospective bidder who intends This shall form the basis for review of the       Manager makes a written determination
to contest Bid Specifications or a bid written protest and no facts, grounds,               that the solicitation process or the
solicitation may protest to the Chief documentation or evidence not contained               Contract award must be continued
Procurement Officer. A written notice of in the protester’s submission to the Chief         without delay in order to avoid an
intent to file a protest shall be filed with Procurement Officer at the time of filing      immediate and serious danger to the
the Chief Procurement Officer within the protest shall be permitted in the                  public health, safety or welfare.
three days after the bid solicitation is consideration of the written protest.
published in a newspaper of general                                                         (e) Costs. All costs accruing from a
circulation. A notice of intent to file a No time will be added to the above limits         protest shall be assumed by the protestor.
protest is considered filed when received for service by mail. In computing any
by the Chief Procurement Officer.            period of time prescribed or allowed by        (f) Filing Fee. The written protest must
                                             this section, the day of the act, event or     be accompanied by a filing fee in the
2. Protest of Award.                         default from which the designated period       form of a money order or cashier’s check
   i. Any actual proposer who perceives of time begins to run shall not be                  payable to the city in an amount equal to
itself aggrieved in connection with the included. The last day of the period so             one percent of the amount of the Bid or
recommended award of Contract may computed shall be included unless it is a                 proposed      Contract,     or $5000.00,
protest to the Chief Procurement Officer. Saturday, Sunday or legal holiday in              whichever is less, which filing fee shall
A written notice of intent to file a protest which event the period shall run until the     guarantee the payment of all costs which
shall be filed with the Chief Procurement end of the next day which is neither a            may be adjudged against the protestor in
Officer within two days after receipt by Saturday, Sunday or legal holiday.                 any administrative or court proceeding. If
the proposer of the notice of the City Intermediate Saturdays, Sundays and                  a protest is upheld by the Chief
Manager’s recommendation for award of legal holidays shall be excluded in the               Procurement Officer and/or the City
Contract. The receipt by proposer of such computation of the time for filing.               Commission, as applicable, the filing fee
notice shall be confirmed by the city by                                                    shall be refunded to the protestor less any
facsimile or electronic mail or U.S. mail, (b) Authority to resolve protests. The           costs assessed under subsection (e)
return receipt requested. A notice of Chief Procurement Officer shall have the              above. If the protest is denied, the filing
intent to file a protest is considered filed authority, subject to the approval of the      fee shall be forfeited to the city in lieu of
when received by the Chief Procurement City Manager and the city attorney, to               payment of costs for the administrative
Officer; or                                  settle and resolve any written protest. The
City of Miami                                                                 Page 11
Bid No. 02-03-«NO»
proceedings as prescribed by subsection with this request will              result   in        unopened, and will          not    be
(e) above.                              disqualification of bid.                               considered for award.

1.71.      SAMPLES - Samples of items,                                                   F. Late bids will be rejected.
                                             1.75.     SUBMISSION                  AND
when required, must be submitted within      RECEIPT OF BIDS - Bids must be
the time specified at no expense to the                                                  G. All bids are subject to the conditions
                                             received at the designated location and at,
City.     If not destroyed by testing,                                                        specified herein. Those which do
                                             or before, the specified time of opening
bidder(s) will be notified to remove                                                          not comply with these conditions are
                                             as designated in the IFB.              NO
samples, at their expense, within 30 days                                                     subject to rejection.
                                             EXCEPTIONS. Bidders are welcome to
after notification. Failure to remove the
                                             attend bid opening; however, no award
samples will result in the samples                                                       H. Modification of bids already
                                             will be made at that time. A bid
becoming the property of the City.                                                            submitted will be considered only if
                                             tabulation will be furnished upon request;
                                                                                              received at the City Clerk’s Office
                                             and, Bidder must enclose a self-
1.72.      SELLING,                                                                           before the time and date set for
                                             addressed, stamped envelope when
TRANSFERRING OR ASSIGNING submitting a bid to receive the tabulation.                         opening bids. All modifications
                                                                                              must be submitted in writing. Once
                                                                                              a bid is opened, the City will not
Bidder shall not sell, assign, transfer or A. Bids shall be enclosed in a sealed              consider any subsequent submission
subcontract at any time during the term of        envelope. The face of the envelope
                                                                                              which alters the bid.
                                                  must show the hour and date
the Contract, or any part of its operations,
                                                  specified for receipt of bids, the bid
or assign any portion of the performance                                                 I. If bids are submitted at the same
                                                  number, and the name and return
required by this contract, except under                                                       time for different solicitations, each
                                                  address of the Bidder. Bids not
and by virtue of written permission                                                           bid must be placed in a separate
                                                  submitted on the requisite Bid
                                                  Response Forms may be rejected.             envelope and each envelope must
granted by the City through the proper
                                                                                              contain the information previously
officials, which may be withheld or
                                                                                              stated in 1.74.A.
conditioned, in the City’s sole discretion. B. Bid must be submitted to the office
                                                  and address listed on the front page
                                                  of this IFB by the time specified to 1.76.       TAXES - The City of Miami is
1.73.      SERVICE                    AND                                                exempt from any taxes imposed by the
                                                  be considered for award.
WARRANTY – When specified, the                    Directions:
                                                                                         State and/or Federal Government.
bidder shall define all warranty, service         FROM THE NORTH: I-95 SOUTH Exemption certificates will be provided
and replacements that will be provided.           UNTIL IT TURNS INTO US1. upon request.
                                                 US1 SOUTH TO 27TH AVE.,
Bidders must explain on the attached Bid         TURN LEFT, PROCEED SOUTH TO              1.77.     TERMINATION - The City
Response Form to what extent warranty            SO.   BAYSHORE   DR.   (3RD
                                                 TRAFFIC LIGHT), TURN LEFT,               of Miami reserves the right to terminate
and service facilities are available. A          1 BLOCK TURN RIGHT ON PAN                this contract by written notice to the
copy of the manufacturer’s warranty, if          AMERICAN DR.   CITY HALL IS              Successful Bidder effective the date
applicable, should be submitted with             AT THE END OF PAN AMERICAN               specified in the notice should any of the
                                                 DR. PARKING IS ON RIGHT.
your bid.                                        FROM THE SOUTH:   US1 NORTH              following apply:
                                                 TO 27TH AVENUE, TURN RIGHT,
                                                 PROCEED    SOUTH   TO   SO.              A.   The Successful Bidder is determined
1.74.            SILENCE                OF       BAYSHORE DR. (3RD TRAFFIC                     by the City to be in breach of any of
SPECIFICATIONS - The apparent                    LIGHT), TURN LEFT, 1 BLOCK
                                                 TURN RIGHT ON PAN AMERICAN                    the terms and conditions of the
silence of these specifications and any                                                        contract.
                                                 DR.   CITY HALL IS AT THE
supplemental specification as to any             END OF PAN AMERICAN DR.
detail or the omission from it of detailed       PARKING IS ON RIGHT.                     B.   The City has determined that such
description concerning any point shall be                                                      termination will be in the best
                                            C.   Telegraphic bids or facsimile will            interest of the City to terminate the
regarded as meaning that only the best
                                                 not be considered.                            contract for its own convenience;
commercial practices are to prevail and
that only materials of first quality and D.      Failure to follow these procedures is C.      Funds are not available to cover the
correct type, size and design are to used.       cause for rejection of bid.                   cost of the goods or equipment. The
All workmanship is to be first quality.                                                        City’s obligation is contingent upon
                                            E.   The responsibility for obtaining and          the availability of appropriate funds.
All interpretations of these specifications      submitting this bid to the City
shall be made upon the basis of this             Clerk’s Office on or before the time     1.78.     TERMS OF PAYMENT -
statement.                                       and date is solely and strictly the      Payment will be made by the City after
                                                 responsibility of Bidder. The City       the items awarded to a Bidder have been
                                                 of Miami is not responsible for          received, inspected, and found to comply
If your firm has a current contract with
                                                 delays caused by the United States       with award specifications, free of damage
the State of Florida, Department of              mail delivery or caused by any other     or defect, and properly invoiced. No
General Services, to supply the items on         occurrence. Bids received by the         advance payments of any kind will be
this bid, the bidder shall quote not more        City Clerk after bids have begun to      made by the City of Miami.
than the contract price; failure to comply       be opened will be returned

City of Miami                                                               Page 12
Bid No. 02-03-«NO»
Payment shall be made after delivery,
within 45 days of receipt of an invoice
and    authorized     inspection   and
acceptance of the services/goods and
pursuant to Florida Statute 218.74 and
other applicable law.

1.79.     TIMELY DELIVERY - Time
will be of the essence for any orders
placed as a result of this bid. 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 the Bid Form. Deliveries are
to made during regular City business
hours unless otherwise specified in the
Special Conditions.

1.80.    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.

1.81.      VARIATIONS                 OF
SPECIFICATIONS - For purposes of
bid evaluation, bidders must indicate any
variances from bid specifications and/or
conditions, no matter how slight. If
variations are not stated on the Bid
Response Form, it will be assumed that
the product fully complies with the City’s

City of Miami                                 Page 13
Bid No. 02-03-«NO»

2.1.    PURPOSE:
        The purpose of this Bid is to establish a contract, by means of sealed bids, for the provision of
        renting tents, tables and chairs for events and concerts held on city property and parks as
        specified herein, from a primary and secondary source of supply that will give prompt and
        efficient service. Bidder must be able to supply all items listed on Bid Form, Section 4.2, in a
        timely manner.

                 The City requires the company to provide:
                 1) Provide and set-up, up to one hundred (100) ten by ten tents;
                 2) Provide additional ten by ten tents in excess of fifty (50) for larger events;
                 3) Provide all table and chair needs as required by the City or Promoter;
                 4) Provide larger tents as required by the City or the Promoter;
                 5) Provide lights for tents as required by the City or the Promoter;
                 6) Provide for removal of tents immediately following event;
                 7) Provide staff for on-site monitoring of materials owned by City or Promoter for duration
                 of event and sufficient inventory control method to mitigate loses due to damaged or lost
                 8) Provide staff for removal of equipment immediately after conclusion of event.

                Successful Proposer must provide capable personnel to ensure all tent, tables and
                 chairs are in-place as scheduled.
                Failure to have equipment in-place as scheduled or failure to have equipment
                 removed from the Parks, without prior approval of the Bayfront Park Executive
                 Director or his or her designee, within twenty-four (24) hours of the event's
                 completion, may result in a reduction by an amount not to exceed ten percent
                 (10%) from the tents, tables, and chairs costs associated with that event.
                Personnel must possess the interpersonal skills necessary to interact with Bayfront Park’s
                 visitors, staff, promoters and other contractors.
                Successful Proposer must work closely with Trust maintenance staff to minimize
                 damage to parks above-ground and underground infrastructure. To that end, all ten
                 by ten tents placed in the Parks must be weighted with blocks, sand weights, or
                 water barrels, unless otherwise authorized.
                Successful Proposer shall provide all equipment and tools necessary for the installation of
                 required equipment.
                All tent, table and chair personnel will work at the direction of the Bayfront Park Executive
                 Director or his or her designee.

        Demonstration of sufficient inventory (tents, lights, tables, chairs) to meet demands of City or
        Per tent charge for providing and setting up ten by ten tents;
        Per tent charge for larger tents, including but not limited to 10’X10’, 10’X20’, 20’X20’, 20’X30’, etc.
        Per table charge for 8 ft and 6 ft straight and round tables;
        Per table charge for skirting for 8 ft and 6 ft straight and round tables;
        Per chair charge for folding chairs;
        Any additional charges for Delivery or Pickup of tents, tables or chairs
        Replacement or repair costs for damaged or lost equipment listed in the proposal;
        Any additional fees that the Trust has not contemplated in this request;
        Assurance that fee rates will not change for 48 months after contract signing.

        Response Time
        Upon given notice of a scheduled event by the City, the successful bidder shall respond at the
        requested time and date with sufficient personnel to effectively provide the services in accordance
        with the City’s needs and satisfaction. Failure to respond to a call by the City as stipulated above
        shall be grounds for default and may result in the cancellation of the contract.

City of Miami                                                   Page 14
Bid No. 02-03-«NO»
        Any request for additional information or clarification must be received by no later than SPECIFY
        DATE. Bidders may fax, mail, or email their requests to the attention of Terry Byrnes, CPPB,
                                                                                              nd        th
        Sr. Procurement Specialist at the City of Miami, Purchasing Department, 444 SW 2 Avenue, 6
        Floor, Miami, Florida 33130. Facsimile Number 305-416-1925.

        The Contract shall commence upon the date of notice of award and shall be effective for
        two years with the option to extend for two 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

        Each renewal of this contract is subject to the following:

        a) Continued satisfactory performance compliance with the specifications, terms and conditions
        established herein.
        b) Availability of funds

        In the event the Successful Bidder is unable to extend the contract for any subsequent period
        under the above conditions, or for whatever cause, advance written notice and explanation must
        be submitted to the Chief Procurement Officer, no later than ninety (90) days prior to the annual
        expiration date. Such notification is subject to the acceptance of the City, or the Successful
        Bidder may be found to be in default.

        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 his assignee of such occurrence, shall have the unqualified right to
        terminate the contract without any penalty or expense to the City.

        Award of this contract will be made to the two lowest responsive, responsible bidders as a
        Primary and Secondary Vendor and whose bid will be most advantageous to the City of Miami.
        The City reserves the right to award on an item by item basis, a combination of items or a total of
        all items, whichever is in the best interest to the City.

        a)      Bids will be considered only from firms that are regularly engaged in the business of
        providing goods as described in this Bid; that have a record of performance for a reasonable
        period of time; and that have sufficient financial support, equipment and organization to insure that
        they can satisfactory execute the services if awarded a Contract under the terms and conditions
        herein stated.

        b)      Not have any member, officer, or stockholder that is in arrears or is in default of any debt
        or contract involving the City, is a defaulter surety otherwise, upon any obligation to the City,
        and/or has failed to perform faithfully on any previous contract with the City.

        c) Have no record of pending lawsuits or criminal activities, and have never been declared

        The term "equipment and organization" as used herein shall be construed to mean a fully
        equipped and well established industry as determined by the proper authorities of the City of
        Miami, Florida.

City of Miami                                                    Page 15
Bid No. 02-03-«NO»
2.8.    DELIVERY
        Vendors shall specify on the attached Bid Response Form the estimated delivery time (in calendar
        days) for each item. The delivery time should be your best estimate, as orders will be placed
        based on that information.


        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 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.
                                                                                                 nd       th
        The bidder shall furnish to City of Miami, c/o Purchasing Department, 444 SW 2 Avenue, 6
        Floor, Miami, Florida 33130, Certificate(s) of Insurance which indicate that insurance coverage
        has been obtained which meets the requirements as outlined below:

        a. Worker’s Compensation Insurance for all employees of the bidder as required by Florida
           Statute 440.

        b. Commercial General Liability Insurance on a comprehensive basis in an amount not less than
           $1,000,000.00 combined single limit with a general aggregate of $2,000,000 including
           coverage for personal and advertising injury, along with property damage to include products
           and completed operations and fire damage at $50,000.00.           City must be shown as an
           additional insured with respect to this coverage.

        c. Automobile Liability Insurance covering all owned, non-owned and hired vehicles used in
           connection with the work in an amount not less than $300,000.00 combined single limit per
           occurrence for bodily injury and property damage.

        The City needs to be named as additional insured. 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 “B” as to management, and no less than “Class V” as to
        financial strength, by the latest edition of Best’s Key Rating Insurance Guide or acceptance of
        insurance company which holds a valid Florida Certificate of Authority issued by the State of
        Florida, Department of Insurance, and are members of the Florida Guarantee Fund.

        Certificates will indicate no modification or change in insurance shall be made without thirty (30)
        days written advance notice to the certificate holder.


        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.

City of Miami                                                 Page 16
Bid No. 02-03-«NO»
        --In the event that expired certificates are not replaced with new or renewed certificates which
        cover the contractual period, the City shall:
        d. 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.
        e. 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 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.

        Payment will be made upon invoice following completion of item(s) use as approved by user
        department. The City will pay the contract price minus any liquidated damages and/or other
        damages to the Successful Bidder upon final completion and acceptance.

        Vendors shall specify on the attached Bid Response Form the estimated response time necessary
        to get crews working after receipt of order. The response time should be your best estimate, as
        orders will be placed based on that information.

        The City shall be notified by the Successful Bidder upon completion of work. The City shall
        inspect and approve completed work before authorizing payment. Work not satisfactorily
        completed shall be redone by the Successful Bidder at no additional charge to the City.

        Although this Solicitation identifies specific facilities/items/products to be serviced, it is hereby
        agreed and understood that any City department or agency may be added/deleted to/from this
        contract at the option of the City. When an addition to the contract is required, successful
        bidder(s) under this contract shall be invited to submit price quotes for these new
        facilities/items/products. If these quotes are comparable with prices offered for similar services,
        the award(s) shall be made to the lowest responsible bidder(s) meeting specifications in the best
        interest of the City and a separate purchase order shall be issued by the City.

        Upon award, Successful Bidder shall report and work directly with the designated Contract
        Administrator or his/her designee for each department or agency.

        Successful Bidder shall assign one working "On Duty" Supervisor for each delivery, set-up and
        teardown. In the event the assigned Supervisor demonstrates an inability to properly supervise his
        personnel as determined by the Contract Administrator or his/her designee, then the Contract
        Administrator or his/her designee have the authority to request the immediate dismissal of said
        Supervisor of his responsibilities and Successful Bidder is to assign another individual upon four
        (4) hours notice (if requested by the City).

2.16.   TIE BIDS:
        Whenever two or more Bids which are equal with respect to price, quality and service are received
        by the City for the procurement of commodities or contractual services, a Bid received from a
        business that certifies that is has implemented a drug-free workplace program shall be given
        preference in the award process. Established procedures for processing tie Bids will be followed if
        none of the tied vendors have a drug-free workplace program. In order to have a drug-free
        workplace program, a business shall:

             a. 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.

City of Miami                                                  Page 17
Bid No. 02-03-«NO»
             b. 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.

             c. Give each employee engaged in providing the commodities or contractual services that
             are under Bid a copy of the statement specified in subsection (1).

             d. 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 of, or plea of
             guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of
             the United States or any state, for a violation occurring in the workplace no later than five (5)
             days after such conviction.

             e. 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.

             f. Make a good faith effort to continue to maintain a drug-free workplace through
             implementation of this section.

        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, at his expense, shall repair or make restoration
        as is practical and acceptable to the City and/or owners of destroyed or damaged property
        promptly within a reasonable length of time. (Not to exceed one month from date damage was

        Each bid must be accompanied by a list of references, which shall include the name of the
        company, a contact person and the telephone number. NO BID WILL BE CONSIDERED

        The Successful Bidder shall conduct his work so as to interfere as little as possible with private
        business or public travel. He shall, at his own expense, whenever necessary or required, maintain
        barricades, maintain lights, and take such other precautions as may be necessary to protect life
        and property, and he shall be liable for all damages occasioned in any way by his actions or
        neglect or that of his agents or employees.

        The Successful Bidder shall meet the following noise abatement performance standards for all
        construction equipment:

        Between the hours of 7:00 A.M. and 6:00 P.M. noise levels shall not exceed 80 dBA at the nearest
        residential or commercial property line.

        Operation of equipment should be avoided between the hours of 6:00 P.M. and 7:00 A.M., but if
        required, the noise level shall not exceed 65 dBA.

        Successful Bidder shall take all necessary precautions for the safety of employees, and shall erect
        and properly maintain at all times all necessary safeguards for the protection of the employees
        and the public. Danger signs warning against hazards created by his/her operation and work in
        progress must be posted.

City of Miami                                                   Page 18
Bid No. 02-03-«NO»
        The Successful Bidder shall use only equipment that is fully operational and in safe operating
        order. Successful Bidder shall be especially careful when servicing property when pedestrians
        and/or vehicles are in close proximity - work shall cease until it is safe to proceed.

        All work shall be performed using superior maintenance standards and techniques. The
        frequencies established for repetitive maintenance tasks are minimum frequencies, which must
        be increased if deemed necessary and requested by the City.

        If Successful Bidder defaults in its performance under this Contract and does not cure the default
        within 1 day 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

        No additional terms and conditions included with the bid 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 bid. If submitted either purposely, through intent or design, or
        inadvertently, appearing separately in transmittal letters, specifications, literature, price lists or
        warranties, it is understood and agreed that the General and Special Conditions in this bid
        solicitation are the only conditions applicable to this bid and that the bidder’s authorized signature
        affixed to the bidder’s acknowledgment form attests to this.

City of Miami                                                  Page 19
Bid No. 02-03-«NO»
3.0     SPECIFICATIONS (Intentionally Left Blank) See Bid Form, 4.2

City of Miami                                   Page 20
Bid No. 02-03-«NO»
                                  4.0 BID RESPONSE FORM

4.1. Certification Statement

Please quote on this form(s) 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 bid. Prices should be firm
for a minimum of 120 days following the time set for opening of the bids.

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 Invitation for Bids, completed the necessary documents,
and propose to furnish and deliver, F.O.B. DESTINATION, the items or services specified

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 bid have been documented in the section below (refer to paragraph and

EXCEPTIONS: ___________

Payment Terms: 2% 10 days__ Net 30 days __

Delivery will be made within ____calendar days after receipt of purchase order.

We (I) certify that any and all information contained in this bid is true; and we (I) further certify
that this bid is made without prior understanding, agreement, or connection with any
corporation, firm, or person submitting a bid 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 IFB and certify that I am authorized to sign this bid for the bidder.
Please print the following and sign your name:

NAME OF BIDDER: _____________________________________________________

ADDRESS: ___________________________________________________________

PHONE: _____________________________FAX: ____________________________

EMAIL: ______________________________ BEEPER: ________________________

SIGNED BY: __________________________________________________________

TITLE:_____________________________DATE: _____________________________
City of Miami                                             Page 21
Bid No. 02-03-«NO»
Bid Response Form - Certification Statement (Page 2 of 3)

                                 CERTIFICATE OF AUTHORITY
                                     (IF CORPORATION)

          I HEREBY CERTIFY that at a meeting of the Board of Directors of
________________________________________, a corporation organized and existing under
the laws of the State of _______________, held on the ___day of ___________, _____, a
resolution was duly passed and adopted authorizing (Name)__________________________as
(Title)_____________________of the corporation to execute bids on behalf of the corporation
and providing that his/her execution thereof, attested by the secretary of the corporation, shall
be the official act and deed of the corporation.    I further certify that said resolution remains
in full force and effect.

      IN WITNESS WHEREOF, I have hereunto set my hand this ____, day of ___________,

Secretary: _______________________
Print: ___________________________

                                 CERTIFICATE OF AUTHORITY
                                     (IF PARTNERSHIP)

        I HEREBY CERTIFY that at a meeting of the Board of Directors of
_________________________________________, a partnership organized and existing under
the laws of the State of _______________, held on the ___day of ________, _____, a
resolution was duly passed and adopted authorizing (Name)________________________as
(Title)___________________ of the to execute bids on behalf of the partnership and provides
that his/her execution thereof, attested by a partner, shall be the official act and deed of the

I further certify that said partnership agreement remains in full force and effect.

      IN WITNESS WHEREOF, I have hereunto set my hand this ____, day of ___________,

Partner: _______________________
Print: ___________________________

                                 CERTIFICATE OF AUTHORITY
                                    (IF JOINT VENTURE)

Joint venturers must submit a joint venture agreement indicating that the person signing this bid
is authorized to sign bid documents on behalf of the joint venture. If there is no joint venture
agreement each member of the joint venture must sign the bid and submit the appropriate
Certificate of Authority (corporate, partnership, or individual).

City of Miami                                             Page 22
Bid No. 02-03-«NO»
Bid Response Form - Certification Statement (Page 2 of 3)

                            CERTIFICATE OF AUTHORITY
                                  (IF INDIVIDUAL)

I HEREBY CERTIFY that, I (Name)____________________________, individually and doing
business as (d/b/a) ______________________________________ (If Applicable) have
executed and am bound by the terms of the bid to which this attestation is attached.

  IN WITNESS WHEREOF, I have hereunto set my hand this ______, day of
  ________________, 20____.

Signed: __________________________

Print: ____________________________

STATE OF _________________________)

                                       ) SS:

COUNTY OF _______________________)

The foregoing instrument was acknowledged before me this _____ day of ______________,
20____, by ________________________________, who is personally known to me or who has
produced ____________________________ as identification and who (did / did not) take an



City of Miami                                     Page 23
Bid No. 02-03-«NO»

                                   Tents, Tables & Chairs
1. Rental/Set-up/Teardown of Tents in the following sizes:               Unit Price:
                               a. 10' x 10'                        $
                               b. 10' x 20'                        $
                               c. 20' x 20'                        $
                               d. 20' x 30'                        $
                               e. 30' x 30'                        $
                               f. 30' x 40'                        $
                               g. 40' x 40'                        $
                               h. 40' x 60'                        $
2. Rental/Set-up/Teardown of Tables/Chairs in the following:
a. 8 ft. tables                                                    $
b. 8 ft. round tables                                              $
c. 6 ft. round tables                                              $
d. skirting for 8 ft. tables                                       $
e. skirting for 8 ft. round tables                                 $
f. skirting for 6 ft. round tables                                 $
g. umbrella for 6 ft. round table                                  $
h. folding chairs                                                  $
i. white wooden folding chair                                      $
j. light charge for lighted tents                                  $
3. Replacement cost for damaged or lost contractor's equipment:
a. chair                                                           $
b. table                                                           $
c. light                                                           $____________
                  EVALUATION TOTAL COST:                           $

City of Miami                                                  Page 24
Bid No. 02-03-«NO»
4.3. Qualification Statement

This questionnaire is to be included with your bid. Do not leave any questions unanswered. When the question
does not apply, write the word(s) “None”, or “Not Applicable”, as appropriate. Please print.

COMPANY NAME:             _____________________________________________________________________


President ____________________________________              Vice President ______________________________

Secretary ____________________________________              Treasurer __________________________________


_________________________________________________________                   ________% of ownership

_________________________________________________________                   ________% of ownership

_________________________________________________________                   ________% of ownership

_________________________________________________________                   ________% of ownership


1.      County or Municipal Occupational License No.
        (attach copy with bid)

2.      Occupational License Classification

3.      Occupational License Expiration Date:

4.      Metro-Dade County Certificate of Competency No.
        (attached copy if requested in Bid or RFP)

5.      Social Security or Federal I.D. No.


6.      Number of Years your organization has been in business:

7.      Number of Years experience BIDDER/PROPOSER (person, principal of firm, owner) has had in operation
        of the type required by the specifications of the Bid or RFP:

8.      Number of Years experience BIDDER/PROPOSER (firm, corporation, proprietorship) has had in operation
        of the type required by the specifications of the Bid or RFP:

City of Miami                                                     Page 25
Bid No. 02-03-«NO»
Bid Response Form – Qualification Statement (Page 2 of 2)

9.      Experience Record: List references who may be contacted to ascertain information on past and/or present
        contracts, work, jobs, that BIDDER/PROPOSER has performed of a type similar to that required by
        specifications of the City’s Bid or RFP with whom you have done business with in the past three (3) years:

FIRM NAME/ADDRESS                          DATE OF JOB               DESCRIPTION OF JOB

_________________________________          ___________       __________________________________________
_________________________________                            __________________________________________
_________________________________                            __________________________________________

CONTACT PERSON:_____________________________________                          PHONE NO.:_________________

FIRM NAME/ADDRESS                          DATE OF JOB               DESCRIPTION OF JOB

_________________________________          ___________       __________________________________________
_________________________________                            __________________________________________
_________________________________                            __________________________________________

CONTACT PERSON:_____________________________________                          PHONE NO.:_________________

FIRM NAME/ADDRESS                          DATE OF JOB               DESCRIPTION OF JOB

_________________________________          ___________       __________________________________________
_________________________________                            __________________________________________
_________________________________                            __________________________________________

CONTACT PERSON:_____________________________________                          PHONE NO.:_________________

FIRM NAME/ADDRESS                          DATE OF JOB               DESCRIPTION OF JOB

_________________________________          ___________       __________________________________________
_________________________________                            __________________________________________
_________________________________                            __________________________________________

CONTACT PERSON:_____________________________________                          PHONE NO.:________________


City of Miami                                                     Page 26
Bid No. 02-03-«NO»
Please Check One Box Only                  [ ] Hispanic        [ ] Female         [ ] Black         [ ] Not Applicable
If business is not 51% minority/female owned , affidavit does not apply. If not applicable, notarization is not required.

I (We), the undersigned agree to the following conditions:

    1) that we have read Section 2.25 of the General Terms and meet the fifty-one percent (51%) ownership and
       management requirement for minority/women registration status and will abide by all of the policies and
       regulations governing the City of Miami Minority and Women Business Enterprise Procedures;

    2) that if at any time information submitted by the undersigned applicant in his/her Bidder Application should
       prove to be false, inaccurate, or misleading, applicant’s name will be struck from the City of Miami’s
       Master Bidder list with no further consideration given to this applicant;

    3) that the City of Miami maintains the right, through award of bid/contract, to revoke the award, should it be
       found that false, inaccurate or misleading information or a change in the original information have occurred;

    4) to notify the City of Miami within thirty (30) days of any change in the firm’s ownership, control,
       management or status as an ongoing minority/women business concern as indicated on the Bidder
       Application, and that the City of Miami, upon a finding to the contrary, may render a firm’s registration
       with the City null and void and cease to include that firm in its registered list of minority and women-owned

    5) that the City of Miami has a right to diligently verify all information submitted by applicant in his/her
       Bidder Application to monitor the status of the Minority/Women Business Enterprise, once registered;

    6) that the City of Miami may share a firm’s registration information concerning its minority/women status and
       its capability with other municipal or state agencies for the sole purpose of accessing the firm to their
       procurement opportunities, unless otherwise specified by the firm in writing.

I (We) certify under the penalties of perjury that the information contained in any and all application documents
submitted to the City of Miami is correct as per Ordinance No. 10062 as amended.

Firm Name: ___________________________________________________________________________
(If signing as a corporate officer, kindly affix corporate seal)

_______________________________________________                 __________________________________________
           (Name, Title & Date)                                            (Name, Title & Date)

This application must be signed by at least one general partner of a partnership or the proprietor of a sole
proprietorship or all partners of a joint venture.
COUNTY OF DADE                                                Date: ____________________
That:_____________________________________________________ personally appeared before me and
acknowledged the foregoing instrument as his/her act and deed.

That he/she has produced _________________________________________ as identification.

                                              NOTARY PUBLIC: _______________________

                                              My Commission Expires: ___________________


City of Miami                                                        Page 27
Bid No. 02-03-«NO»


It is the policy of (Company Name) to base its hiring and promotions on merit, qualifications and competency and
that its personnel practices will not be influenced by an applicant’s or employee’s race, color, place of birth, religion,
national origin, sex, age, marital status, veteran and handicapped status.

One of the management duties of all principals at (Company Name) is to ensure that the following personnel
practices are being satisfied:

1.     Take every necessary affirmative action to attract and retain qualified employees, regardless of race, color,
       place of birth, religion, national origin, sex, age, marital status, veteran and handicapped status.

2.     Maintain equitable principles in the recruitment, hiring, training, compensation and promotion of employees.

3.     Monitor and review personnel practices to guarantee that equal opportunities are being provided to all
       employees, regardless of race, color, place of birth, religion, national origin, sex, age, marital status, veteran
       and handicapped status.

(Company Name) is committed to take affirmative action and aggressively pursue activities that will serve to enable
all employees and applicants opportunities available throughout this organization.

Clearly, the above actions cannot be accomplished as a secondary duty for any individual, despite the full support of
management. And so, to monitor our efforts, (Company Name) has assigned one of its principals as the Affirmative
Action Director to monitor all activities of this program.

Employees may contact (Name of assigned principal) at (telephone number) regarding this Affirmative Action




City of Miami                                                          Page 28
Bid No. 02-03-«NO»
Please type or print clearly. This Affidavit must be completed in full, signed and notarized ONLY if your office is located within the
corporate limits of the City of Miami.

Legal Name of Firm:                                                                        Entity Type: (check one box only) [] Partnership
                                                                                           [] Sole Proprietorship       [] Corporation

Corporation Doc. No:                         Date Established:                  Occupational License No:                      Date of Issuance:

                      Office Location of the bidder/proposer:
Street Address:

City:                                        State:                                        How long at this location:

Street Address:

City:                                        State                                         How long at this location:

According to Ordinance No. 12271 (Section 18-85):

The City Commission may offer to a responsible and responsive local bidder, who maintains a Local Office, the opportunity of accepting a bid at
the low bid amount, if the original bid amount submitted by the local vendor is not more than ten percent (10%) in excess of the lowest other
responsible and responsive bidder.

The intention of this section is to benefit local bona fide bidders/proposers to promote economic development within the corporate limits
of the City of Miami.

I (we) certify, under penalty of perjury, that the office location of our firm has not been established with the sole purpose of obtaining the
advantage granted bona fide local bidders/proposers by this section.

                                                                             Authorize Signature
                                                                             Print Name
           (Corporate Seal)                                                  Title
                                                                             Authorize Signature
                                                                                Print Name
(Must be signed by the corporate secretary of a Corporation or one general partner of a partnership or the proprietor of a sole proprietorship or all
partners of a joint venture.)

                                                                                                                     [] Personally known to me; or
Subscribed and Sworn before me that this is a true statement this ______day of _________________199____.            [] Produced iden tification:

____________________________________                     _______________________
     Notary Public, State of Florida                     My Commission expires
     Printed name of Notary Public

Please submit with your bid copies of Occupational License, professional and/or trade License to verify local status. The City of Miami
also reserves the right to request a copy of the corporate charter, corporate income tax filing return and any other documents(s) to
verify the location of the firm’s office.

City of Miami                                                                         Page 29
Bid No. 02-03-«NO»

NOTE: If you do not intend to submit a bid on this commodity or service, please return this form in the bid envelope
      on or before bid opening. Failure to submit a response after three (3) times without a sufficient justification
      of “No Bid” will be cause for removal from the vendor/bidder’s list.

Office of the City Clerk
3500 Pan American Drive
Miami, FL 33131-5504

We, the undersigned, have declined to submit a bid on your Bid No. 01-02-«NO» for «TITLE» for the following

_______Specifications too “tight”, i.e., geared toward one brand or manufacturer only (explain below).
_______Insufficient time to respond to the Invitation for Bids
_______We do not offer this product or service.
_______Our schedule would not permit us to perform.
_______We are unable to meet specifications.
_______We are unable to meet bond requirements.
_______Specifications are unclear (explain below).
_______We are unable to meet insurance requirements.
_______Remove us from your bidders’ list for this commodity or service.
_______Other (specify below).


We understand that if this statement is not completed and returned, our company may be deleted from the City of
Miami bidders’ list for this commodity or service.

                                                       Company Name: _________________________________

                                                              Signature: _________________________________

                                                                   Title: _________________________________

                                                             Telephone: _________________________________

                                                                   Date: _________________________________

A completed vendor application should be returned with this form if vendor has not previously submitted an
application and secured a vendor number from the City.

City of Miami                                                       Page 30
Bid No. 02-03-«NO»

Bidder certifies that (s)he has read and understood the provisions of City of Miami Ordinance No. 10032, pertaining
to the implementation of a “First Source Hiring Agreement”.

Bidder will complete and submit the following questions as part of the IFB. Evaluation of bidder’s responsiveness to
Ordinance No. 10032 may be a consideration in the award of a contract.

Violations of this Ordinance may be considered cause for annulment of a contract between the successful bidder and
the City of Miami.

A. Do you expect to create new positions in your company in the event your company was awarded this contract by
   the City?
               ___________Yes              ____________ No

B. In the event your answer to Question “A” is yes, how many new positions would you create to perform this
   work?     ________

C. Please list below the title, rate of pay, summary of duties, number of positions, and expected length or duration
   of all new positions which might be created as a result of this award of contract.

                                    RATE OF PAY                                 NUMBER OF             LENGTH OR
    POSITION/TITLE                  Hourly/Weekly          DUTIES               POSITIONS             DURATION








         (Use additional sheets if necessary)


SIGNATURE/TITLE:___________________________________________________                      DATE:_______________


City of Miami                                                      Page 31
Bid No. 02-03-«NO»

    This checklist is provided to help you conform to all requirements stipulated in this IFB.

                                                                                                 Required to be
                                                                                                 Submitted with
     1.    Bid Certification Form (Form 4.1.)
           This form must be completed and signed to validate your bid                           Yes    No

     2.    Bid Form- (Form 4.2.)
           This form must be completed and signed by bidder                                      Yes     No

     3.    Bidder Qualification Statement (Form 4.3.)
           This form should be completed in its entirety to verify the capability of             Yes     No
           bidder to perform/deliver the services/goods specified in the IFB

     4.    Minority/Women Business Affairs Registration Affidavit, if
           applicable (Form 4.4.)                                                                Yes     No
           Must be completed only if one or more of the owners in the business
           enterprise is at least 51% owned by a Black, Hispanic or Female.

     5.    Affirmative Action Policy for Equal Employment Opportunity
           (Form 4.5.)                                                                           Yes     No
           Should be completed by Bidder.

     6.    Office Location Affidavit, if applicable (Form 4.6.)
           Section 18-85 of City Ordinance No. 12271, states that the City                       Yes     No
           Commission may offer to a responsible and responsive bidder, who
           maintains a Local Office, the opportunity of accepting a bid at the low
           bid amount, if the original bid amount submitted by the local vendor is
           not more than ten percent (10%) in excess of the lowest other
           responsible and responsive bidder. (Must be signed and notarized by
           the local bidder, only for use in attesting office location). The City
           reserves the right to verify local status.

     7.    Statement of No Bid, only if applicable (Form 4.7.)
           If you do not intend to submit a bid on this commodity or service, please             Yes     No
           return this form in the bid envelope on or before bid opening. If the
           “Statement of No Bid” form is not completed and returned, your
           company may be deleted from the City of Miami bidder’s list for this
           commodity or service.
     8.    Statement of Compliance with Ordinance 10032 (Form 4.8.)
           This form must be completed and signed by bidder                                      Yes     No

     9.    Bid Bond, if applicable (Form 4.9.)
           To be completed and executed by bidder.                                               Yes     No

                              TO BE SUBMITTED AS PART OF YOUR BID RESPONSE.

City of Miami                                                         Page 32
Bid No. 02-03-«NO»

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