City_of_Miramar_IFB_No._19-014_-_Solicitation.PDF

INVITATION FOR BIDS

SCHOOL CROSSING GUARD SERVICES

INVITATION FOR BID No. 19-014

The City of Miramar City Commission:

Mayor Wayne M. Messam Vice Mayor Alexandra P. Davis

Commissioner Winston F. Barnes Commissioner Maxwell B. Chambers

Commissioner Yvette Colbourne

Vernon E. Hargray, City Manager

City of Miramar 2300 Civic Center Place

Miramar, FL 33025

DATE ISSUED: Wednesday, September 25, 2019

OPENING DATE: Wednesday, October 16, 2019 at 2:00 PM EST

IFB 19-014

School Crossing Guard Services

TABLE OF CONTENTS

CONTENTS: PAGE #

SECTION 1

INSTRUCTIONS FOR SUBMITTING A BID IN

RESPONSE TO A FORMAL INVITATION FOR

BIDS 6

1 GENERAL TERMS AND CONDITIONS 8

1-1 DEFINITIONS 8

1-2 AVAILABILITY OF INVITATION FOR BID 9

1-3 CONE OF SILENCE 9

1-4 CONTENTS OF SOLICITATION 10

1-5 PREPARATION AND SUBMISSION OF A BID 11

1-6 MODIFICATION OR WITHDRAWAL OF A BID 14

1-7

LATE BIDS, LATE MODIFICATIONS, AND

LATE WITHDRAWALS 15

1-8

SOLICITATION POSTPONEMENT OR

CANCELLATION 15

1-9 COSTS OF BIDS 15

1-10

RECEIPT OF ADDENDA & SUBSTITUTE BID

FORMS 15

1-11 EXCEPTIONS TO THE SOLICITATION 16

1-12

PROPRIETARY/CONFIDENTIAL

INFORMATION 16

1-13 EVALUATION OF BIDS 16

1-14 NEGOTIATIONS 17

1-15 AWARD OF A CONTRACT 18

1-16 RIGHT OF APPEAL 19

1-17

BIDDER(S) AND RESULTING SUCCESSFUL

BIDDER(S) OBLIGATIONS 20

1-18

REQUIRED LISTING OF SUBCONTRACTORS

AND SUPPLIERS 21

SECTION 2 SPECIFIC TERMS AND CONDITIONS 22

2-1

PURPOSE: TO ESTABLISH A CONTRACT

FOR SCHOOL CROSSING GUARD SERVICES 22

2-2 SOLICITATION TIMETABLE 22

2-3

TERM OF CONTRACT: FOR THREE (3)

YEARS WITH TWO (2) OPTIONAL ONE (1)

YEAR PERIODS 22

2-4

METHOD OF AWARD: TO THE LOWEST,

RESPONSIVE, RESPONSIBLE BIDDER(S) 23

2-5

METHOD OF PAYMENT: PERIODIC

INVOICES FOR SERVICES RENDERED 23

2-6 PRE-BID CONFERENCE 23

2-7 INSURANCE 23

2-8

COMPLIANCE WITH FEDERAL, STATE AND

LOCAL LAWS 24

2-9

QUALIFICATIONS OF THE SUCCESSFUL

BIDDER(S) 24

2-10

ACCEPTANCE OF GOODS AND SERVICES

BY THE CITY 24

2-11

ACCIDENT PREVENTION, BARRICADES,

AND REGULATIONS 24

2-12

DEFICIENCIES IN WORK TO BE

CORRECTED BY THE SUCCESSFUL

BIDDER(S) 25

2-13

LABOR, MATERIALS, AND EQUIPMENT

SHALL BE SUPPLIED BY THE SUCCESSFUL

BIDDER(S) 25

2-14

NOTIFICATION TO BEGIN WORK SHALL BE

GIVEN THROUGH A PURCHASE ORDER 25

2-15

PROTECTION OF PROPERTY AND CLEAN

UP 26

2-16

SHIPPING TERMS: F. O. B. DESTINATION

(SHORT FORM) 26

2-17 TOXIC AND NONTOXIC SUBSTANCES 26

2-18 EMPLOYEES AND SUCCESSFUL BIDDER(S) 27

2-19

SECURITY BACKGROUND CHECKS FOR ALL

PERSONNEL 28

2-20 LOCAL PARTICIPATION PLAN 28

SECTION 3

SCOPE OF SERVICES

3-1

PURPOSE AND INTENT OF IFB

3-2 CURRENT POSTS 29

3-3 SCOPE OF SERVICES AND SPECIAL REQ. 31

3-4 TRAINING 32

3-5 EQUIPMENT AND UNIFORM 32

3-6 SPECIAL EVENTS 33

3-7

FEES AND COSTS

3-8

MANAGEMENT AND PERSONNEL

3-9

SILENCE OF SPECIFICATIONS 34

SECTION 4

SAMPLE AGREEMENT 35

SECTION 5

BID COVER SHEET 46

SECTION 6

BID PRICE SHEET 47

SECTION 7

BIDDER(S) INFORMATION FORM 49

SECTION 8

BIDDER(S) DISCLOSURE OF

SUBCONTRACTORS,

SUBCONSULTANTS, AND SUPPLIERS 51

SECTION 9

DRUG-FREE WORKPLACE AFFIDAVIT 53

SECTION 10

ANTI-KICKBACK AFFIDAVIT 55

SECTION 11

NON-COLLUSIVE AFFIDAVIT 56

SECTION 12

NON-DISCRIMINATION AFFIDAVIT 58

SECTION 13

LIVING WAGE COMPLIANCE AFFIDAVIT 59

SECTION 14

BUSINESS/VENDOR PROFILE SURVEY 61

SECTION 15

REQUEST FOR TAXPAYER IDENTIFICATION

NUMBER AND CERTIFICATION 63

INSTRUCTIONS FOR SUBMITTING A BID

IN RESPONSE TO A

FORMAL INVITATION FOR BIDS

Each Bid submitted to the City of Miramar (the “City”) will have the following information clearly marked on the face of the envelope:

a) Bidder's name and return address;

b) Solicitation number;

c) The Solicitation Opening Date and Time; and

d) Title of the Solicitation.

Failure to include this information may result in your Bid being deemed “Non- Responsive” if the City determines that the Bid resulted in prejudice to other Bidders. The Bidders shall have no grounds to protest should such Bids that have failed to include the information described above be opened in error.

All Bids must be submitted on 8 ½” by 11” paper, neatly typed on one side only, with normal margins and spacing. The original document package must not be bound, although the document package copies should be individually bound. An unbound one-sided original and three bound copies (a total of four) and one USB with an electronic version of the complete Bid must be received by the deadline for receipt of Bid specified in the Solicitation Timetable. The original and all copies must be submitted in a sealed envelope or container stating on the outside the Bidder’s name, address, telephone number, the Solicitation number, the Solicitation title, and the Solicitation Due Date and Time, to:

OFFICE OF THE CITY CLERK

CITY OF MIRAMAR

2300 CIVIC CENTER PLACE

MIRAMAR, FL 33025

Bid responses submitted at the same time for different Invitations for Bids shall be placed in separate envelopes and each envelope shall contain the information previously stated. Failure to comply with this requirement shall result in any such incorrectly packaged Bids not being considered.

THE RESPONSIBILITY FOR OBTAINING AND SUBMITTING A BID TO THE OFFICE

OF THE CITY CLERK ON OR BEFORE THE STATED DATE AND TIME OF:

OCTOBER 16, 2019 AT 2:00 P.M.

IS SOLELY AND STRICTLY THE RESPONSIBILITY OF THE BIDDER. THE CITY IS NOT

RESPONSIBLE FOR DELAYS CAUSED BY ANY MAIL, PACKAGE OR COURIER

SERVICE, INCLUDING THE U.S. MAIL, OR CAUSED BY ANY OTHER OCCURRENCE.

ANY BID RECEIVED AFTER THE DATE AND TIME STATED IN THE SOLICITATION WILL

NOT BE OPENED AND WILL NOT BE CONSIDERED. TELEGRAPHIC OR FACSIMILE

BIDS SHALL NOT BE CONSIDERED.

Hand-carried Bids may be delivered to the above address only between the hours of 8:30 A.M. and 5:00 P.M., Mondays through Thursdays, excluding holidays observed by the City. Bidders are responsible for informing any commercial delivery service, if used, of all delivery requirements and for ensuring that the required information appears on the outer wrapper or envelope used by such service.

The Bid must be signed by an authorized officer of the Bidder who is legally authorized to enter into a contractual relationship in the name of the Bidder. The submittal of a Bid by a Bidder will be considered by the City as constituting an offer by the Bidder to provide the required Goods or Services at the stated price.

SECTION 1

GENERAL TERMS AND CONDITIONS

1-1

DEFINITIONS

1. The term “Bid” shall refer to any offer(s) submitted in response to this Invitation for Bids.

2. The term “Bidder(s)” shall refer to anyone submitting a Bid in response to this Invitation for

Bids.

3. The terms “CBE” or “SBE Firm” is defined as a Small Business Enterprise (“SBE”) or a

County Business Enterprise (“CBE”), which has a Broward County Business Tax Receipt, is located and doing business in Broward County, and certified by the Broward County Office of Economic Development and Small Business Development.

4. The term “Chief Procurement Officer” shall refer to the manager of the City’s Procurement Department.

5. The term "City" shall refer to the City of Miramar, Florida, or its City Commission, as applicable.

6. The term "Contract" shall refer to the Contract that may result from this Invitation for Bids.

7. The term “Due Date and Time” shall refer to the due date and time listed in the Solicitation

Timetable in Section 2 of this Solicitation.

8. The term "Goods” shall refer to all materials and commodities that will be required to be provided by the Successful Bidder(s) in accordance with the Scope of Work and the Terms and Conditions of this Solicitation.

9. The terms "Invitation for Bids", “IFB” or “Solicitation” shall mean this Invitation for Bids, including all Exhibits and Attachments approved by the City, and amendments or change orders issued by the Procurement Department.

10. The term “Procurement Department” shall refer to the Procurement Department of the City of Miramar.

11. The terms "Subcontractor" and “Subconsultant” shall refer to any person, firm, entity, or organization, other than the employees of the Successful Bidder(s), who contract with the Successful Bidder(s) to furnish labor, or labor and materials, in connection with the Work or Services to the City, whether directly or indirectly, on behalf of the Successful Bidder(s).

12. The term "Successful Bidder(s)" shall refer to the Bidder(s) receiving an award as a result of this Invitation for Bids.

13. The terms "Work", "Services", “Associated Services”, “Program”, “Project”, or

“Engagement” shall refer to all matters and things that will be required to be done by the

Successful Bidder(s) in accordance with the Scope of Work and the Terms and Conditions of this Solicitation.

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AVAILABILITY OF INVITATION FOR BIDS

Copies of this Solicitation package may be obtained from DemandStar at www.demandstar.com or by calling 1 (800) 711-1712. DemandStar distributes the City’s Solicitations through electronic download, by facsimile, or through the United States Postal Service. Bidder(s) are not required to register with DemandStar to receive a copy of any City Solicitation. Registration with DemandStar.Com is optional, at the sole discretion of the Bidder(s). DemandStar does charge a nominal fee for the distribution.

Bidders who obtain copies of this Solicitation from sources other than the City’s Procurement Department or DemandStar risk the potential of failing to receive amendments since their names will not be included on the list of firms participating in the Solicitation process.

Such Bidders are solely responsible for such risks.

To request the Solicitation package, your request should include the following information: the Solicitation number and title; the name of the potential Bidder(s) contact person; the potential Bidder(s) name, complete address to be mailed to, telephone number, and fax number.

1-3

CONE OF SILENCE

Bidders are notified that this Solicitation is subject to a “Cone of Silence.” A Cone of Silence shall be imposed upon this IFB at the time of the Bid opening, and until the City Commission approves an award, there is a prohibition on communication by Bidders (or anyone acting on their behalf) with the City’s professional staff. This does not apply to oral communications at Pre-Bid conferences, oral presentations before selection committees, Contract negotiations; public presentations made to the City Commission during any duly noticed public meeting, or communications in writing at any time with any City employee, on matters not concerning this Solicitation.

Any questions, explanations, or other requests by Bidder(s) regarding this Solicitation must be requested in writing to the City’s Procurement Department noted below. In addition to other penalties, violation of these provisions may render a Bid Non-Responsive and an award to a Bidder voidable.

The address and phone number for the City’s Procurement Department is:

2300 Civic Center Place

(954) 602-3053 http://www.demandstar.com/

1-4

CONTENTS OF SOLICITATION

a) General Conditions.

1) It is the sole responsibility of the Bidder(s) to become thoroughly familiar with the Solicitation requirements and all terms and conditions affecting the performance of this Solicitation. Pleas of ignorance by the Bidder(s) of conditions that exist, or that may exist, will not be accepted as a basis for varying the requirements of the City or the compensation to be paid to the Successful Bidder.

2) The Bidder(s) is advised that this Solicitation is subject to all legal requirements and all other applicable City and County Ordinances and/or state and federal statutes, rules or regulations.

b) Additional Information/Amendment.

1) Requests for additional information, explanation, clarification or interpretation must be made in writing to the Procurement Department at the address shown above or via e-mail or fax to the contact person(s) listed in this solicitation. The request shall contain the requester's name, address, and telephone number.

2) The Procurement Department will issue a response to any inquiry it deems necessary, by written amendment to the Solicitation, issued prior to the Solicitation Due Date and Time. The Bidder(s) shall not rely on any representation, statement or explanation other than those made in this Solicitation document or in any amendments issued. Where there appears to be a conflict between this Solicitation and any amendment issued, the last amendment issued will prevail.

3) It is the Bidder(s) responsibility to ensure receipt of all amendments and substitute Bid Forms. It is the Bidder(s) further responsibility to verify with the Procurement Department, prior to submitting a Bid, that all amendments have been received. The Bidder(s) shall submit the Bid form entitled “AMENDMENT ACKNOWLEDGMENT FORM” with their Bids.

c) Conflicts in this Solicitation.

Where there appears to be a conflict between the General Terms and Conditions, the Special Conditions, the Specifications or Statement of Work, the Sample Contract, or any amendment issued, the order of precedence shall be: the last amendment issued; the Specifications or Statement of Work; the Special Conditions; the General Terms and Conditions, and then the sample Contract.

Where there appears to be a conflict of the Due Date and Time listed anywhere in this Solicitation, it is the sole responsibility of the potential Bidder(s) to verify the Due Date and Time by calling the City’s Procurement Office at (954) 602-3053.

1-5

PREPARATION AND SUBMISSION OF A BID

a) Preparation/Submission.

1) The Bid Forms shall be used when submitting a Bid. Use of any other forms shall result in the Bidder(s) Bid being deemed “Non-Responsive.”

2) The Bid will either be typed or completed legibly in ink. The Bidder(s) authorized agent will sign the Bid Forms in ink, and all corrections made by the Bidder(s) shall be initialed in ink by the authorized agent. The use of pencil or erasable ink or failure to comply with any of the foregoing may result in the rejection of the Bid.

Upon request, the City will provide a tax exemption certificate, if applicable.

Any special tax requirements will be specified either in the Special

Conditions or in the Specifications.

3) Any telegraphic or facsimile Bid shall not be considered.

4) The apparent silence of the Specifications or the omission from the

Specifications of a detailed description concerning any materials or Services requested shall be regarded as meaning that only the best commercial practices are to prevail, and that only materials and workmanship of first quality are to be used. All interpretations of the Specifications shall be made upon the basis of this Solicitation.

b) Vendor Registration is not required.

The City utilizes DemandStar for their vendor registration and vendor database system. Registration with DemandStar is not required to submit a Bid. The City does not require Bidder(s) to complete a registration application with DemandStar to be recommended for the award of any Contract. Registration with DemandStar is optional, at the sole discretion of the Bidder(s).

c) Criminal Conviction Disclosure.

Any individual who has been convicted of a felony during the past ten (10) years and any corporation, partnership, joint venture or other legal entity having an officer, director, or executive who has been convicted of a felony during the past ten (10) years shall disclose this information prior to entering into a Contract with or receiving funding from the City. Forms are available from the Procurement Department.

d) Sworn Statement on Public Entity Crimes.

Pursuant to Paragraph 2(a) of Section §287.133, Florida Statutes, “[A] person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list."

e) Preference for CBE or SBE Firms and Local Bidders.

1) Except where federal, state or county Law mandates to the contrary, or as otherwise provided herein, the City, pursuant to its purchasing authority, shall grant a preference in the amount of five percent of any Bid or five points of any Bid score to a CBE or SBE Firm. Such preference shall apply to Bids or Proposals for commodities, Services and construction.

2) Except where federal, state or county Law mandates to the contrary, or as otherwise provided herein, the City, pursuant to its purchasing authority, shall grant a preference in the amount of five percent of any Bid or five points of any Bid score to a Local Business. Such preference shall apply to Bids or Proposals for commodities, Services and construction.

3) A vendor located outside the City of Miramar City limits is considered equivalent to a Miramar vendor and accorded the same preference if it employs a minimum of 10 full-time equivalent (“FTE”) Miramar residents, or its employed Miramar residents constitute 20 percent FTE of the company’s local workforce (Broward and Miami-Dade Counties), whichever is larger.

Such preference shall apply to Bids or Proposals for commodities, Services and construction.

f) Application of Preferences.

In the application of any price preference granted by the Miramar Procurement

Code or Policies, the preference is applied by granting the specified percent price reduction to the price of the Bidder allowed the preference. Preferences shall be additive and computed as a whole on the Bid.

g) Drug-free Workplace Preference.

All public Bids are subject to the City of Miramar “Preference to Businesses with Drug-free Workplace Program” Ordinance No. 91-32, which grants a preference to a business with a drug-free workplace program whenever two or more Bids are equal with respect to price, quality, and Services. The drug-free workplace vendor shall have the burden of demonstrating that its program complies with Section §287.087, Florida Statutes, and any other applicable state Law. An announcement of this program may be included with the Bid submittals. All Bidders shall submit the duly signed and notarized Bid Form entitled “DRUG FREE WORKPLACE AFFIDAVIT.”

h) Anti-Kickback Affidavit.

All Bidder(s) shall submit the duly signed and notarized form entitled “ANTI-

KICKBACK AFFIDAVIT”.

i) Non-Collusion Declaration.

All Bidder(s) shall affirm that they shall not collude, conspire, connive or agree, directly or indirectly, with any other Bidder(s), firm, or person to submit a collusive or sham Bid in connection with the Work for which their Bid has been submitted; or to refrain from offering in connection with such work; or have in any manner, directly or indirectly, sought by person to fix the price or prices in the Bid or of any other Bidder(s), or to fix any overhead, profit, or cost elements of the Bid price or the Bid price of any other Bidder(s), or to secure through any collusion, conspiracy, connivance, or unlawful agreement any advantage against any other Bidder(s), or any person interested in the proposed work. All Bidder(s) shall submit the duly signed form entitled “NON-

COLLUSION DECLARATION”.

j) Non-Discrimination Affidavit.

All Bidder(s) shall affirm that their organization shall not discriminate against any person in its operations, activities or delivery of Services. Bidder(s) shall also affirmatively comply with all applicable provisions of federal, state and local equal employment laws and shall not engage in or commit any discriminatory practice against any person based on race, age, religion, color, gender, sexual orientation, national origin, marital status, physical or mental disability, political affiliation or any other factor which cannot be lawfully used as a basis for Service delivery. All Bidder(s) shall submit the duly signed and notarized form entitled “NON-DISCRIMINATION AFFIDAVIT”.

k) Living Wage Affidavit

All Bidder(s) shall affirm that, at all times during the term of the agreement, that their organization shall pay each of its covered employees a living wage for all hours worked for the City of Miramar. A living wage with health care benefits shall be no less than Thirteen Dollars and Twenty-seven Cents ($13.27) per hour, and, if health care benefits are provided, shall submit an affidavit of compliance. If the Successful Bidder does not offer a covered employee health care benefits, Successful Bidder shall pay a living wage of no less than Fourteen Dollars and Ninety Cents ($14.90) per hour, which shall be adjusted on January 1, 2021 to Sixteen Dollars and Seventy-One Cents ($16.71) per hour for the remainder of the Agreement. Furthermore, the Successful Bidder agrees to produce, upon request of the City, all documents and payroll records demonstrating compliance with the abovementioned living wage requirements. All Bidder(s) shall submit the duly signed and notarized form entitled “LIVING WAGE

COMPLIANCE AFFIDAVIT”

l) Business/Vendor Profile Survey.

All Bidder(s) shall provide the City with the information requested in the

Business/Vendor Profile Survey prior to being recommended for award of any Contract resulting from this Solicitation.

m) Request for Taxpayer Identification Number and Certification.

All Bidder(s) shall provide the City with their Taxpayer Identification Number prior to being recommended for award of any Contract resulting from this Solicitation.

n) Antitrust Laws.

By submission of a signed Bid, the Successful Bidder(s) acknowledges compliance with all antitrust laws of the United States and the State of Florida, in order to protect the public from restraint of trade, which illegally increases prices.

o) Conflicts of Interest.

The award of the Contract is subject to the provisions of Chapter 112, Florida

Statutes. Bidder(s) shall disclose the name of any Officer, Director, Partner, Associate, or Agent who is also an Officer, Appointee, or Employee of the City at the time of the Bid, or at the time of occurrence of the Conflict of Interest thereafter.

p) Collection of Fees, and Taxes.

By acceptance of a Contract, the Successful Bidder(s) acknowledges compliance with the requirement that all delinquent and currently due fees and taxes have been paid. The City may require verification and satisfaction of all delinquencies and currently due fees and taxes prior to recommending a Bidder(s) for the award of any Contract.

1-6

MODIFICATION OR WITHDRAWAL OF A BID

a) Modification of a Bid.

Any modification of a Bid by the Bidder(s) shall be submitted to the Office of the

City Clerk prior to the Solicitation Due Date and Time. The Bidder(s) shall submit the new Bid and a letter, on company letterhead, signed by an authorized agent of the Bidder(s) stating that the new submittal supersedes the previously submitted Bid. The sealed envelope shall contain the same information as required for submitting the original Bid. In addition, the envelope shall be marked with a statement that this Bid replaces the previously submitted Bid. No modifications of a Bid shall be accepted after the Solicitation Due Date and Time.

b) Withdrawal of a Bid.

A Bid may be withdrawn only by written communication delivered to the Office of the City Clerk prior to the Solicitation Due Date and Time. A Bid may also be withdrawn after 180 calendar days after the Solicitation Due Date and Time, provided that it is withdrawn prior to the recommendation for award, by submitting a letter to the Office of the City Clerk at the address identified in this Solicitation. The withdrawal letter must be on company letterhead and signed by an authorized agent of the Bidder(s).

1-7

LATE BIDS, LATE MODIFICATIONS, AND LATE WITHDRAWALS

Bids received after the Solicitation Due Date and Time shall not be accepted, opened, or considered. Modifications of Bids received after the Solicitation Due Date and Time shall also not be accepted or considered. Withdrawals of Bids received after the Solicitation Due Date and Time or prior to the expiration of 180 calendar days after the Solicitation Due Date and Time shall not be accepted or considered.

1-8

SOLICITATION POSTPONEMENT OR CANCELLATION

The City may, in its sole and absolute discretion, reject any and all, or parts of any and all Bids, re-advertise this Solicitation, postpone or cancel, at any time, this Solicitation process, or waive any irregularities in this Solicitation or in the Bids received as a result of this Solicitation.

1-9

COST OF BIDS

All expenses involved with the preparation and submission of Bids to the City, or any work performed in connection therewith, shall be borne by the Bidder(s). No payment shall be made for any responses received, or for any other effort required of or made by the Bidder(s) prior to commencement of Work as defined by a contract duly approved by the City Commission.

1-10

RECEIPT OF ADDENDA AND SUBSTITUTE BID FORMS

It is the Bidder’s responsibility to ensure receipt of all addenda and substitute Bid Forms.

It is the Bidder’s further responsibility to verify with the Procurement Division, prior to submitting a Bid, that all addenda have been received.

All inquiries regarding this Bid must be written and should be emailed to:

Darlene Charles Procurement Analyst

Phone: (954) 602-3047 Email: dicharles@miramarfl.gov mailto:dicharles@miramarfl.gov

1-11

EXCEPTIONS TO THE SOLICITATION

Bidder(s) may take exception to any of the terms of this Solicitation unless the Solicitation specifically states where exceptions may not be taken. All exceptions taken must be specified in the Bidder(s) cover letter, and shall be referenced by utilizing the corresponding Section, paragraph, and page number in this Solicitation.

Where exceptions are taken, the City, in its sole discretion, shall determine whether to consider the exception and/or the acceptability of the proposed exceptions. The City, after completing the evaluation of the exception, may accept the Bid with the exception, reject the entire Bid due to the exception taken, or deem the Bid Non-Responsive. BIDDER(S) TAKING

EXCEPTIONS ARE SOLELY RESPONSIBLE FOR THIS RISK.

The City is under no obligation to accept or consider any exceptions or accept any Bid with an exception. Bidder(s) are reminded that they may submit one Bid without exceptions and an alternate Bid with exceptions.

1-12

PROPRIETARY/CONFIDENTIAL INFORMATION

Bidder(s) are notified that all information submitted as part of or in support of Bids will be available for public inspection after opening of the Bids, in compliance with Chapter 119, Florida Statutes, popularly known as the “Public Records Law”. Any person wishing to view the Bids in person must make an appointment by calling the Procurement Department at (954) 602-3054.

All Bids submitted in response to this Solicitation become the property of the City.

Unless the information submitted is proprietary, copywritten, trademarked, or patented, the City reserves the right to utilize any or all information, ideas, conceptions, or portions of any Bid, in its best interest. Acceptance or rejection of any Bid shall not nullify the City’s rights hereunder.

1-13

EVALUATION OF BIDS

a) Rejection of Bid.

1) The City may reject any Bidder’s(s’) Bid and award to the next lowest responsive, responsible Bidder(s);

or

The City may reject and re-advertise for all or any part of this Solicitation, whenever it is deemed in the best interest of the City. The City shall be the sole judge of what is in its "best interest."

2) The City may reject any Bid if the Bidder(s) does not accept, or attempts to modify the terms and conditions of this Solicitation.

b) Elimination from Consideration.

No Contract shall be awarded to any person or firm that is in default to the City as a result of any debt, taxes, or any other obligation whatsoever.

c) Waiver of Informalities.

The City reserves the right to waive any informalities or irregularities in this Solicitation.

d) Demonstration of Competency.

1) A Bid will only be considered from a firm that is regularly engaged in the business of providing the Goods and/or Services required by this Solicitation. The Bidder(s) must be able to demonstrate a good record of performance and have sufficient financial resources, equipment and organization to ensure that they can satisfactorily provide the Goods and/or Services if awarded the Contract as a result of this Solicitation.

2) The City may conduct a pre-award inspection of the Bidder’s(s’) site or hold a pre-award qualification hearing to determine if the Bidder(s) possesses the requirement(s) as outlined in the above paragraph, and is capable of performing the requirements of this Solicitation. The City may consider any evidence available regarding the financial, technical or other qualifications and abilities of the Bidder(s), including past performance (experience) with the City or any other governmental entity in making the award of any Contract.

3) The City may require the Bidder(s) to show evidence that it has been designated as an authorized representative of a manufacturer, supplier and/or distributor if required by this Solicitation.

4) The City reserves the right to audit all records pertaining to and resulting from any award as a result of this Solicitation, financial or otherwise.

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NEGOTIATIONS

Not applicable to this Solicitation.

1-15

AWARD OF A CONTRACT(S)

a) Contract(s).

This Solicitation contains the Contract. After award, a Contract(s) similar to that, inclusive of all attachments and any modifications that the City, in its sole discretion, may make, will constitute the entire Contract(s) between the parties. No rights shall inure to the benefit of any Bidder(s) pursuant to this Solicitation until the Contract has been executed by both parties.

b) Additional Information.

The award of a Contract(s) may be preconditioned on the subsequent submission of other documents as specified in the Special Conditions or Specifications.

The Successful Bidder(s) shall be deemed “Non-Responsive” if such documents are not submitted in a timely manner and in the form required by the City. Where the Successful Bidder(s) is deemed “Non-Responsive” as a result of such failure to provide the required documents, the City may award any Contract(s) to the next lowest, responsive, responsible Bidder(s) whose bid is in the best interest of the City.

c) Independent Contractor(s).

The Successful Bidder(s) shall be a contractor(s) operating independently from the City. All employees and contractor(s) to the Successful Bidder(s) shall be considered to be, at all times, the sole employees or contractor(s) of the Successful Bidder(s) under its sole discretion and not an employee, contractor(s), or agent of the City. Nor shall employees and contractor(s) to the Successful Bidder(s) enjoy any privity of contract with the City. Neither the Successful Bidder(s) nor any of its employees shall receive any City benefits available to employees of the City. The Successful Bidder(s) shall supply competent and physically capable employees and contractor(s). The City may require the Successful Bidder(s) to remove any employee or contractor(s) it deems careless, incompetent, insubordinate, or otherwise objectionable and whose continued performance of the Services is not in the best interest of the City. Failure of the Successful Bidder to comply with the City’s request will be sufficient cause for the Successful Bidder to be declared in breach of the Contract.

d) Contract Extension.

The City reserves the right to automatically extend any Contract(s) for up to 180 calendar days beyond the stated Contract(s) term, for operational purposes, under the same terms and conditions of said Contract(s). The City shall notify the Successful Bidder(s) in writing of such extensions. Additional extensions beyond the first 180-day extension may occur, if, approved by the City’s Commission with the mutual agreement of the City and the Successful Bidder(s).

e) Limited Contract(s) Extension.

Any specific Work assignment which commences prior to the termination date of any Contract(s) and which will extend beyond the termination date shall, unless terminated by mutual written agreement of both parties, continue until completion at the same prices, terms and conditions as set forth in the Contract(s).

f) Warranty.

Any implied warranty granted under the Uniform Commercial Code shall apply to all Goods purchased under any Contract(s).

g) Estimated Quantities.

Estimated quantities or estimated dollars, if provided, are for Bidder(s) guidance only. No guarantee is expressed or implied as to quantities or dollars that will be used during the period of any Contract(s). The City is not obligated to place any order for a given amount subsequent to the award of any Contract(s). Estimates are based upon the City's actual needs and/or usage during a previous contract period. Said estimates may be used by the City for purposes of determining the lowest responsive, responsible Bidder(s) meeting Specifications.

h) Non-Exclusive Contract(s).

Although the purpose of this Solicitation is to secure a Contract(s) that can satisfy the total needs of the City, it is agreed and understood that any Contract(s) does not constitute the exclusive rights of the Successful Bidder(s) to receive all orders that may be generated by the City in connection with the types of products and/or Services requested, unless otherwise stated herein.

i) Voluntary Reduction in Price

The City may accept a voluntary reduction from a low Bidder after Bid opening, if such reduction is not conditioned on, nor results in, the modification or deletion of any condition contained in the Invitation for Bids and is determined to be in the best interests of the City. A voluntary reduction may not be used to ascertain the lowest responsive Bid.

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RIGHT OF APPEAL

After a notice of intent to award a Contract is posted, any actual or prospective Bidder who is aggrieved in connection with the pending award of the Contract or any element of the process leading to the award of the Contract may protest to the Chief Procurement Officer. A protest must be filed within five business days after posting or any right to protest is forfeited.

The protest must be in writing, must identify the name and address of the protester, and must include a factual summary of and the basis for the protest. Filing shall be considered complete when the protest and accompanying fee is received by the Chief Procurement Officer.

A nonrefundable filing fee from the protester is required to compensate the City for the expenses of administering the protest. The fee shall be in the form of cash or a cashier's check, and in accordance with the schedule provided below:

Contract Award Amount Filing Fee $10,000-$50,000 $500.00 $50,001-$250,000 $1,000.00 $250,001 and greater 1% of the pending award or $5,000.00, whichever is greater

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BIDDER(S) AND RESULTING SUCCESSFUL BIDDER(S) OBLIGATIONS

a) Rules, Regulations, Licensing, and Other Requirements.

The Bidder(s) shall comply with all laws and regulations applicable to the Goods and/or Services contained in this Solicitation. The Bidder(s) is presumed to be familiar with all federal, state and local laws, ordinances, codes and regulations that may in any way affect the Goods and/or Services offered.

b) Conditions of Packaging and Packaging Materials.

If applicable, and unless otherwise specified in the Special Conditions or

Specifications, all containers shall be suitable for shipment and/or storage and recyclable to the greatest extent possible.

c) Living Wage

At all times during the term of the agreement, the Successful Bidder shall pay each of its covered employees a living wage for all hours worked for the City of Miramar.

A living wage with health care benefits shall be no less than Thirteen Dollars and Twenty-seven Cents ($13.27) per hour, and, if health care benefits are provided, shall submit an affidavit of compliance. If the Successful Bidder does not offer a covered employee health care benefits, Successful Bidder shall pay a living wage of no less than Fourteen Dollars and Ninety Cents ($14.90) per hour, which shall be adjusted on January 1, 2021 to Sixteen Dollars and Seventy-One Cents ($16.71) per hour for the remainder of the Agreement. Furthermore, the Successful Bidder agrees to produce, upon request of the City, all documents and payroll records demonstrating compliance with the abovementioned living wage requirements.

A covered employee, as used herein, is defined as an employee who performs school crossing guard services either on a full-time or part-time basis for the City of Miramar while the Agreement remains in effect between the Parties.

d) Purchasing Card (P-Card)

The City of Miramar has implemented a Procurement Card (P-Card) Program.

Bidders must have the capability to accept credit cards for payments or must be willing to take the necessary steps to have the capability to accept credit cards prior to the implementation of this agreement as the City may opt to use the P-Card as its method of payment.

While acceptance of credit cards for payments may be mandatory, this shall not be the City’s exclusive method of payment. Bidders shall not charge a surcharge, convenience fee or any other fees associated with the acceptance of payment by the City’s P-Card.

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REQUIRED LISTING OF SUBCONTRACTORS AND SUPPLIERS

All Contracts with the City for purchase of supplies, materials, or Services, including professional Services which involve the expenditure of $25,000 or more, shall require that the Bidder(s) submits with its Bid a listing of all first-tier Subcontractors or Subconsultants who will perform any part of the Contract Work and all suppliers who will supply materials for the Contract Work direct to the Successful Bidder(s). In addition, the Successful Bidder(s) shall not change or substitute Subcontractors, Subconsultants, or suppliers from those listed in the Bid except upon written approval of the City.

All Bidder(s) shall submit the completed Bid form entitled “BIDDER(S) DISCLOSURE OF SUBCONTRACTORS, SUBCONSULTANTS, AND SUPPLIERS” with their Bid.

FAILURE TO COMPLY WITH THIS REQUIREMENT SHALL RENDER THE BID NON-

RESPONSIVE.

END OF SECTION

SECTION 2

SPECIFIC TERMS AND CONDITIONS

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PURPOSE: TO ESTABLISH A CONTRACT FOR SCHOOL CROSSING GUARD SERVICES

AT VARIOUS LOCATIONS THROUGHOUT THE CITY OF MIRAMAR.

The purpose of this Solicitation is to establish a Contract for the City for the Services specified herein from an entity that will provide prompt and professional Service. Specifically, the purpose is to select a Provider to perform School Crossing Guard Services according to the specifications set forth herein.

The City requests Bid(s) from experienced, fully-qualified, certified and licensed companies, hereinafter referred to as the "Bidder", to provide the Services described herein for the City.

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SOLICITATION TIMETABLE

The anticipated schedule for this Solicitation and the award of any resulting Contract shall be as follows:

Milestone Timeframe IFB Issuance…………………………………………….Wednesday, September 25, 2019 Pre-Bid Conference……………………………………..N/A Deadline for Clarification Questions ……………….…Monday, October 7, 2019 Bids Due to City…………………………Wednesday, October 16, 2019 at 2:00 PM EST Award of IFB and Contract by City Commission ………TBA

Staff recommendation for award and approval of award by the City Commission will follow.

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TERM OF CONTRACT: THREE YEARS WITH TWO OPTIONAL ONE-YEAR RENEWAL

PERIODS

The Contract(s) resulting from this Solicitation shall be for a period of three years commencing on the date on which the Contract has been signed by both parties, or, if provided, on the commencement date specified in the Contract, with two successive options to renew of one year each. Renewal after the initial term may be exercised upon the same terms and conditions, or per changes mutually agreed to, at the sole discretion of the City, and may be evidenced in writing as a modification to the Contract executed and signed by the City and Provider prior to the expiration date of the existing Contract or any valid extension thereof.

In addition to any renewal, if provided for, the Chief Procurement Officer may authorize up to a 90-day extension of a Contract in accordance with the terms and conditions of the Contract. The City Manager or his/her designee is authorized to extend, for operational purposes only, an additional 90 days, for a maximum of 180 days, any Contract entered into by the City pursuant to City Commission approval. Any further extensions of such Contract require the approval of the City Commission.

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METHOD OF AWARD: TO THE LOWEST RESPONSIVE, RESPONSIBLE BIDDER.

The award of any Contract resulting from this Solicitation will be made to the lowest responsive, responsible Bidder that meet the minimum qualifications and whose Bid will be most advantageous to the City.

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METHOD OF PAYMENT: PERIODIC INVOICES FOR SERVICES RENDERED

The Successful Bidder(s) shall submit fully documented invoices within 30 calendar days after the Services have been rendered. These invoices shall be submitted to The City of Miramar, ATTN: Accounts Payable, 2300 Civic Center Place, Miramar, Florida 33025. All documentation shall reference the appropriate Contract number, the type of Service(s) provided, and the dates or period that the Service(s) were provided in the prior 30 days.

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PRE-BID CONFERENCE

A Pre-Bid Conference will NOT he held for this Solicitation.

Any questions, explanations, or other requests desired by Bidder(s) regarding the Solicitation must be requested in writing to the City’s Procurement Department by October 7, 2019.

The address and telephone numbers for the City’s Procurement Department is:

Procurement Department

2300 Civic Center Place

Miramar, FL 33025 Attn. Darlene Charles

Telephone: (954) 602-3047 Fax: (954) 602-3684 Email: dicharles@miramarfl.gov

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INSURANCE

See requirements in Section 4, Contract.

2-8

COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS

The Successful Bidder(s) understands that agreements between private entities and local governments are subject to certain laws and regulations, including laws pertaining to public records, conflict of interest, record keeping, etc. The Successful Bidder(s) agrees to comply with and observe all applicable laws, codes and ordinances as they may be amended from time to time.

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QUALIFICATIONS OF THE SUCCESSFUL BIDDER(S):

The Successful Bidder(s) shall submit proof of the following qualifications with its Bid:

1. Must be operating as the same business entity for a minimum of five years and have been providing school crossing guard services actively and continuously for a minimum of three years.

2. Be licensed to do business in the State of Florida for the services specified herein.

3. Provide at least five client references for which the firm has provided similar services along with contact information for each reference. References for government agencies are preferred (See Reference Questionnaire in Section 7)

4. Submit evidence of the firm’s resources to provide the Services contemplated in this Solicitation.

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ACCEPTANCE OF GOODS AND SERVICES BY THE CITY

The Services shall be performed by the Successful Bidder(s) consistent with the highest professional standards. Any Work not performed as required shall be corrected by the provider to the extent possible at no cost to the City.

An authorized representative of the City will inspect the Services provided under this IFB to determine acceptance of Work, appropriate invoicing and warranty conditions.

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ACCIDENT PREVENTION, BARRICADES, AND REGULATIONS

a) Precautions shall be exercised at all times for the protection of persons and property. The Successful Bidder(s) and all Subcontractors shall conform to all OSHA, state, county and City regulations while performing under the terms and conditions of the Contract. Any fines levied by any of the above mentioned authorities because of inadequacies to comply with these requirements shall be borne solely by the Successful Bidder(s) responsible for same. Barricades shall be provided by the Successful Bidder(s) when Work is performed in areas traversed by persons, automotive traffic, or when deemed necessary by the City. In such cases, the

Successful Bidder(s) shall notify the City’s Police Department at least seven days prior to barricading. The Successful Bidder(s) shall send this notification to:

Office of the Chief of Police 11765 City Hall Promenade

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DEFICIENCIES IN WORK TO BE CORRECTED BY THE SUCCESSFUL BIDDER(S)

To the extent applicable, the Successful Bidder(s) shall promptly correct all deficiencies and/or defects in Work and/or any Work that fails to conform to the Statement of Work, whether or not fabricated, installed, or completed. All corrections shall be made within seven calendar days after such rejected defects, deficiencies, and/or non-conformances are verbally reported to the Successful Bidder(s) by an authorized representative of the City. The Successful Bidder(s) shall bear all costs of correcting such rejected Work. If the Successful Bidder(s) fails to correct the Work within the period specified, the City shall find the Bidder(s) in default, obtain the Services of another party to correct the deficiencies, and charge the Successful Bidder(s) for these costs, either through a deduction from the final payment owed to the Successful Bidder(s) or through invoicing.

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LABOR, MATERIALS, AND EQUIPMENT SHALL BE SUPPLIED BY THE SUCCESSFUL

BIDDER(S)

Unless otherwise provided in the specifications, the Successful Bidder(s) shall furnish all labor, materials, and equipment necessary to satisfy the completion of the Services. When not specifically identified in the Specifications, such materials and equipment shall be of a suitable type and grade for to satisfy and achieve the purpose of this Solicitation. All materials, workmanship, and equipment shall be subject to the inspection and approval of the City.

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NOTIFICATION TO BEGIN WORK SHALL BE GIVEN THROUGH A PURCHASE ORDER

The Successful Bidder(s) shall neither commence any Work nor enter any City premises, land or right of way for the purpose of working until a Purchase Order has been received from the City’s Procurement Department; provided, however, that such notification shall be superseded by any emergency Work that may be specified herein.

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PROTECTION OF PROPERTY AND CLEAN UP

2-16

SHIPPING TERMS: F. O. B. DESTINATION (SHORT FORM)

2-17

TOXIC AND NONTOXIC SUBSTANCES

a) The Federal “Right to Know” Regulation implemented by the Occupational Safety and Health Administration (“OSHA”) and the Florida “Right to Know” Law requires employers to inform their employees of any toxic substances to which they may be exposed in the workplace, and to provide training in safe handling practices and emergency procedures. It also requires notification to the local Fire Rescue Department of the location and characteristics of all toxic substances regularly present in the workplace. The Successful Bidder(s) shall supply this information to:

Fire Rescue Department Attn: Fire Prevention 14801 SW 27 Street Miramar, FL 33027

b) To the extent applicable, all Bidder(s) must submit with their Bid a list of all chemical products (soaps, glass cleaners, detergents, degreasers, glues, primers, etc.) that they propose to use to accomplish the Work specified herein. The City is endeavoring to use environmentally safe products and may require any product named to be deleted from the list and a more acceptable product used. Inclusion of a product on this list constitutes a commitment to use said product(s) for the full term of the Contract. Failure to meet this requirement may result in a Bid being deemed Non- Responsive.

c) Hazardous materials are those materials, chemicals or substances which are flammable, or which may self-react or react with other materials to cause fires or explosions, or which by their presence create or augment a fire or explosion hazard, or which by their toxicity, radioactivity or any other physical, chemical or nuclear property when contained or when involved in an unauthorized release may cause danger to life or create a serious health hazard. Hazardous materials shall include such materials as compressed gases, cryogenic fluids, flammable liquids, combustible liquids, flammable solids, corrosives, oxidizing materials, reactive and unstable materials, highly toxic, poisonous and radioactive materials as classified in Section 5240, Division, whether the materials are in usable or waste condition.

d) For more information concerning toxic substances, contact the Florida Department of Labor and Employment Security at the address listed below for any related information packets:

Toxic Substances Information Center

2551 Executive Center Circle West Tallahassee, Florida 32501-5014

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EMPLOYEES AND CONTRACTOR(S)

All employees and contractors of the Successful Bidder(s) shall be considered to be, at all times, the sole employees or contractors of the Successful Bidder(s) under its sole discretion and not an employee, contractor, or agent of the City. The Successful Bidder(s) shall supply competent and physically capable employees and contractors.

The City may require the Successful Bidder(s) to remove any employee or contractor it deems careless, incompetent, insubordinate, or otherwise objectionable and whose continued performance of the Services is not in the best interest of the City.

The direction and supervision of employees shall be by competent, qualified and sober personnel, and the Successful Bidder(s) shall devote sufficient personnel, time and attention to the direction of the operation to assure performance satisfactory to the City. All Subcontractors, Subconsultants, superintendents, foremen and workmen employed by the Successful Bidder(s) shall be careful and competent. The Successful Bidder(s) shall also provide uniforms and picture I.D. badges to each employee.