miami beach ITB2026-421-JP_FINAL.pdf

INVITATION TO BID (ITB) 2026-421-JP

BONDED AGGREGATE SERVICES

TABLE OF CONTENTS

SECTIONS:

0100 GENERAL INFORMATION & SCOPE OF WORK

APPENDICES:

APPENDIX A PREQUALIFICATION APPLICATION

APPENDIX B SPECIAL CONDITIONS

APPENDIX C INSURANCE REQUIREMENTS

DEFINITIONS:

Bidder means any firm or individual submitting an application in response to this ITB. The term bidder may be used interchangeably with applicant and proposer.

Vendor means any firm or individual that has been prequalified to supply goods or services to the City.

SECTION 0100: GENERAL INFORMATION & SCOPE OF WORK

1. PURPOSE. The City of Miami Beach (“City”) is seeking applications from contractors who wish to participate in a prequalification pool that will be used to provide bonded aggregate services to the City on an "as needed" basis as specified herein. Interested contractors may submit an application indicating their intent to become prequalified. All contractors who meet or exceed the criteria established in this solicitation shall be placed on a prequalification list that various City departments may access to obtain price quotations for bonded aggregate services.

The City utilizes Bidnet Direct (Government Bids Opportunities and RFP | BidNet Direct) for automatic notification of competitive solicitation opportunities and document fulfillment, including the issuance of any addendum to this ITB. Any prospective Bidder who has received this ITB by any means other than through Bidnet Direct must register immediately with Bidnet Direct to ensure it receives any addendum issued to this ITB. Failure to receive an addendum may result in disqualification of the proposal submitted.

To be considered for the pool of prequalified contractors, interested parties must submit a completed Bidder Prequalification Application (Appendix A).

2. BACKGROUND AND SCOPE. On December 23, 2021, the City issued Invitation to Bid (“ITB”) 2022-162-AY. The purpose of the ITB was to establish a contract, by means of sealed applications, with qualified contractors to establish a prequalified pool of contractors for bonded aggregate services on an “as-needed” basis. The prequalified pool established shall effectively create a source of viable contractors from which the City may issue Invitation to Quotes (ITQs) for bonded aggregate services.

On April 06, 2022, the Mayor and City Commission, pursuant to Resolution No. 2022-32109, adopted a policy in accordance with governing the selection of contractors for bonded aggregate services on an “as-needed” basis awarded by the City. The initial term of the Invitation to Bid was April 06, 2022, through April 05, 2025. The Invitation to Bid also had two (2) one-year renewal terms, which is scheduled to expire on April 05, 2027.

Bonded aggregate (often referred to as resin-bound or resin-bonded gravel,) is a porous, low-maintenance urban landscaping solution that is installed within tree pits/planters in lieu of traditional tree grates. Bonded aggregate blends natural, small gravel with a clear resin binder to form a firm, but porous, flat ADA compliant surface that protects tree roots, allows water and air to reach the soil, and prevents loose stones from dislodging and creating tripping hazards, or litter collecting within the tree pit, sidewalk, walking path, etc.

The scope of work includes the demolition and removal of any existing tree pit, treatment, preparation of the tree pit to receive the product, supplying all tools, materials, and labor required to prepare and install the product according to the attached construction details/specifications. Bonded aggregate installations could be new tree pit installations or repairs to existing bonded aggregate installations.

The contractor is responsible for securing all applicable permits and establishing and maintaining the proper maintenance of traffic (MOT) for the duration of the project. Please note that this solicitation is for the installation of resin-bound or resin-bonded gravel/aggregate in tree pits, not the supply of bulk loose stone construction material.

3. OVERVIEW OF PREQUALIFICATION PROCESS. The figure below is a general overview of the process that the City will utilize to award work pursuant to the prequalification process.

4. APPROVAL OF PREQUALIFIED STATUS. Following the review of applications, the responsive, responsible bidder(s) meeting all terms and conditions of the ITB will be recommended for award, as deemed in the best interest of the City, to the City Manager for his consideration. After considering the staff recommendation for award, the City Manager shall exercise his due diligence and recommend to the Mayor and City Commission the bid that the City Manager deems to be in the best interest of the City. The City Commission shall consider the City Manager's recommendation(s) and may approve or reject the City Manager's recommendation(s). The City Commission may also reject all bids received.

In addition to the criteria established in the application, pursuant to Section 2-369 of the City Code, the City may consider the following:

• The ability, capacity, and skill of the Bidder to perform the contract.

• Whether the Bidder can perform the contract within the time specified, without delay or interference.

• The character, integrity, reputation, judgment, experience, and efficiency of the Bidder.

• The quality of performance of previous contracts.

• The previous and existing compliance by the Bidder with laws and ordinances relating to the contract.

PREQUALIFIED STATUS IS VALID FOR FIVE (5) YEARS FROM THE NOTICE OF AWARD OF

CONTRACT ISSUED BY THE CITY OR AS OTHERWISE APPROVED BY THE CITY MANAGER.

NOTWITHSTANDING, THE CITY MAY VERIFY COMPLIANCE WITH THE REQUIREMENTS

ESTABLISHED HEREIN AT ANY TIME.

5. PROCESS OF AWARDING WORK. Inclusion in the contractor pool is a prerequisite for having an opportunity to submit proposals and obtain work through this pool. However, there is no guarantee that any or all prequalified firms will obtain work through this pool. When a project arises, the department will prepare a scope of work and invite all prequalified firms in good standing to provide a quote in response to the request.

Following the review of quotes and application of vendor preferences, the lowest responsive, responsible bidder(s) meeting all terms, conditions, and specifications of the invitation to quotewill be recommended for award by bid item, bid group, or for the entirety of all bid items, as deemed in the best interest of the City. After considering the staff recommendation for award, the City Manager shall exercise his due diligence and recommend the bid that the City Manager deems to be in the best interest of the City. In determining the lowest and best Bidder, and in addition to price, Section 2-369 of the City Code provides that the City may consider the following:

• The ability, capacity, and skill of the Bidder to perform the contract.

• Whether the Bidder can perform the contract within the time specified, without delay or interference.

• The character, integrity, reputation, judgment, experience, and efficiency of the Bidder.

• The quality of performance of previous contracts.

• The previous and existing compliance by the Bidder with laws and ordinances relating to the contract.

6. REMOVAL FROM THE PREQUALIFIED POOL. At the City Manager's discretion, Contractors may be removed from the pool for lack of participation, which shall include failure over a reasonable time to propose on quote requests offered through the pool; poor performance on a previous or current awarded project; being in arrears in obligations to the City; delays in completion of work on a prior awarded project; for any of the reason stated in Sub-section 2.2 and Section 2-369 of the City Code; or for any other reason deemed to be in the City's best interest.

7. PROCUREMENT CONTACT. Any questions or clarifications concerning this solicitation shall be submitted to the Procurement Contact noted below. The Bid title/number shall be referenced in all correspondence.

Procurement Contact: Telephone: E-mail:

Julissa Perez 305-673-7490 x26943 Julissaperez@miamibeachfl.gov The City Clerk is to be copied on all communications via e-mail at RafaelGranado@miamibeachfl.gov or facsimile: 786-394-4188.

8. SERVICE DELIVERY EXPECTATIONS. The City emphasizes excellent customer service delivery and expects the prequalified Bidder to provide the best possible customer service to all awarded projects throughout the term of the contract. The prequalified Bidder's project manager is responsible for monitoring the customer service provided to the City by prequalified Bidder's staff, sales, and support teams and employing, as necessary, corrective measures to ensure that the prequalified Bidder will provide and maintain the highest quality of customer service possible during the completion of the project(s). Project-specific deliverables and expectations shall be defined on a project-by-project basis, as specified in each request for quotes.

9. VOLUME OF WORK TO BE RECEIVED BY BIDDER. No promise of work is given or should be understood as a result of a prequalification. The City reserves the right to purchase any goods or services awarded from any resulting agreement or another governmental contract or on an as-needed basis through the City's spot market purchase provisions.

10. STANDARD TERMS AND CONDITIONS. The City's Standard for FORMAL SOLICITATIONS TERMS AND CONDITIONS – GOODS & SERVICES (available at https://www.miamibeachfl.gov/city-hall/procurement/standard-terms-and-conditions/) are referenced and incorporated herein.

11. BINDING CONTRACT. By virtue of applying for the City's consideration, the Bidder agrees that the application shall be considered an offer on the part of the Bidder, which offer shall be deemed accepted upon approval of the Bidder's prequalification status by the City Manager or City Commission. Further, Bidder agrees that, upon approval of the Bidder's application by the City Manager or City Commission, a binding Contract shall be established between the City and the approved Contractor. Pursuant to this section, Bidder agrees that, if its application is accepted, the ITB (inclusive of all attachments, appendixes, exhibits, and addenda) and the Proposal (Application) shall constitute a binding Contract, and all work shall be performed in accordance with the Contract. The selected Bidder may not include terms or conditions that are additional to this ITB without the written consent of the City. The Contract will be supplemented, upon specific project need, only by individual Service Orders specifying project scopes and costs. Selection into the Pool does not guarantee work and does not provide for exclusive rights to provide these services to the City.

The Contract shall be comprised of the following documents and in the following order:

First, the Purchase Order issued by the City; then, Second, the Invitation to Quote awarded to the Vendor; then, Third, the ITB, including all documents released in connection with the ITB, including all appendixes, whether included herein or released under separate cover.

In case of default on the part of the Successful Bidder, after said award, the City may take such action as it deems appropriate, including legal action, for damages or specific performance.

12. BIDNET DIRECT. The Procurement Department utilizes Bidnet Direct, as its electronic bidding (e- Bid) platform. If you would like to be notified of available competitive solicitations released by the City, you must register through Bidnet Direct, www.bidnetdirect.com/florida/cityofmiamibeach. Registration is easy and will only take a few minutes. For detailed instructions on registering and submitting electronic bids, visit https://www.miamibeachfl.gov/city-hall/procurement/for-approval-how-to-become-a-vendor/.

If you have any questions regarding this system or registration, please visit the link above or contact Bidnet Direct at support@Bidnet.com or 1-800-835-4603 option 2.

13. HOW TO MANAGE OR CREATE A VENDOR PROFILE ON VENDOR SELF-SERVICE (VSS). In addition to registering with Bidnet Direct, the City encourages vendors to register with our online Vendor Self-Service web page, allowing City vendors to easily update contacts, attachments (W-9), and commodity information. The VSS webpage https://selfservice.miamibeachfl.gov/vss/Vendors/default.aspx will also provide purchase orders and payment information.

Should you have any questions, please submit them to vendorsupport@miamibeachfl.gov.

14. SUPPLIER DIVERSITY. The City has established a registry of LGBT-owned businesses, as certified by the National LGBT Chamber of Commerce (NGLCC), and small and disadvantaged businesses, as certified by Miami-Dade County. See authorizing resolutions here.

If your company is certified as an LGBT-owned business by NGLCC or as a small or disadvantaged business by Miami-Dade County, click on the link below to be added to the City's supplier registry (Vendor Self-Service) and bid system (Bidnet Direct, Supplier-to-Government). These are two different systems, and you must register for both.

Click to see acceptable certification and to register: https://www.miamibeachfl.gov/city-hall/procurement/how-to-become-a-vendor/.

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APPENDIX A

Prequalification Application

ITB 2026-421-JP

PROCUREMENT DEPARTMENT

1755 Meridian Avenue, 3rd Floor

Miami Beach, Florida 33139

Prequalification Application & Instructions

Section 1, ELECTRONIC RESPONSES ONLY. The prequalification application must be submitted electronically through Bidnet Direct on or before the date and time indicated in Section 2 below. Hard copy applications or applications received through e-mail or facsimile during this initial request for application process are not acceptable and will be rejected.

A bidder may submit a modified application to replace all or any portion of a previously submitted application until the deadline for application submittals. The City will only consider the latest version of the application.

Electronic application submissions may require the uploading of attachments. All documents should be attached as separate files in accordance with the instructions included in Section 4 below. Attachments containing embedded documents or proprietary file extensions are prohibited. It is the Bidder's responsibility to ensure that its application, including all attachments, is uploaded successfully.

Only application submittals received and time stamped by Bidnet Direct prior to the deadline for application submittals shall be accepted as submitted in a timely manner. Late applications cannot be submitted and will not be accepted. Bidders are cautioned to allow sufficient time for the submittal of applications and uploading of attachments. Any technical issues must be submitted to Bidnet Direct by contacting 1-800-835-4603, option 2, or support@bidnet.com. The City cannot assist with technical issues regarding submittals and will in no way be responsible for delays caused by any technical or other issue.

It is the sole responsibility of each Bidder to ensure its application is successfully submitted in Bidnet Direct prior to the deadline for application submittals.

Section 2. DEADLINE FOR SUBMITTAL. There is no deadline for the submittal of applications.

However, the initial review of applications shall take place 21 days after issuance of this ITB.

Applications submitted after this date will be reviewed periodically on an ongoing basis. The City will endeavor to complete the review of subsequent applications within 60 days of receipt.

Section 3. NON-RESPONSIVENESS Failure to submit the following requirements shall result in a determination of non-responsiveness. Non-responsive applications will not be considered.

1. Prequalification Application (Please refer to Section 1 above).

2. Failure to comply with the Minimum Experience Requirement

Section 4. OMITTED OR ADDITIONAL INFORMATION. The City reserves the right to request any documentation omitted. Bidder must submit any omitted documentation within three (3) business days upon request from the City, or the application may be deemed non-responsive. Non-responsive applications will receive no further consideration.

Section 5. ELECTRONIC APPLICATION FORMAT. In order to maintain comparability, facilitate the review process, and assist in the review of applications, it is strongly recommended that applications be organized and tabbed in accordance with the tabs and sections as specified below. The electronic submittal should be tabbed as enumerated below. The electronic proposal shall be submitted through the "Documents" tab in Bidnet Direct.

• TAB 1 – Prequalification Application. The Prequalification Application shall be completed in its entirety.

• TAB 2 – Documentation indicating Compliance with Minimum Eligibility Requirements (See Part B, Section 1. Minimum Eligibility Requirement)

Part A – General Bidder Information.

FIRM NAME:

NO. OF YEARS IN BUSINESS:

NO. OF YEARS IN BUSINESS

LOCALLY:

NO. OF EMPLOYEES:

OTHER NAME(S) BIDDER HAS OPERATED UNDER IN THE LAST 10 YEARS:

FIRM PRIMARY ADDRESS (HEADQUARTERS):

CITY:

STATE:

ZIP CODE:

TELEPHONE NO.:

TOLL FREE NO.:

FAX NO.:

FIRM LOCAL ADDRESS:

CITY:

STATE:

ZIP CODE:

PRIMARY ACCOUNT REPRESENTATIVE FOR THIS ENGAGEMENT:

ACCOUNT REP TELEPHONE NO.:

ACCOUNT REP TOLL-FREE NO.:

ACCOUNT REP E-MAIL:

FEDERAL TAX IDENTIFICATION NO.:

BIDDER IS:

_____CORPORATION / _____PARTNERSHIP / _____SOLE PROPRIETORSHIP / _____OTHER (If other, specify:________________________)

BIDDER AFFIDAVIT

The undersigned agrees that s/he: 1) is a principal of the Bidder duly authorized to execute the preceding Contractor Prequalification Certification Application and that the contents of said document(s) are complete, true, and correct to the best of his/her knowledge and belief; 2) s/ certifies that the application and supporting documents include all of the material information necessary to validate the status of the company for prequalification purposes; 3) s/ shall notify the Procurement Department within fifteen (15) days and provide a notarized statement whenever a change occurs in the ownership, management, or f inancial condit ion of the company. Further, any prequalified contractor, including its principal(s), director(s), and any affiliate, who is a party to any misrepresentation to obtain business or contracts with the City of Miami Beach shall be declared delinquent and have its certificate suspended or revoked and will be subject to debarment and any other penalties prescribed by law.

The undersigned affirms that the Bidder agrees: 1) to complete and unconditional acceptance of the terms and conditions of this document, inclusive of attachments, exhibits and appendices; 2) that it has not colluded, nor will collude, with any other bidder; 3) that all information contained herein is part of the public domain as defined by the State of Florida Sunshine and Public Records Laws; 4) that all responses, data and information contained in the bid are true and accurate.

Name:

Title (must be a principal of the Bidder):

Signature:

Date:

ACKNOWLEDGEMENT OF ADDENDUM

After the issuance of the solicitation, the City may release one or more addenda to the solicitation, which may provide additional information to bidders or alter solicitation requirements. The City will strive to reach every Bidder, having received solicitation through the City's e-procurement system. However, Bidders are solely responsible for assuring they have received all addenda issued pursuant to the solicitation. This Acknowledgement of Addendum section certifies that the Bidder has received all addendum released by the City pursuant to this solicitation. Failure to obtain and acknowledge receipt of all addenda may result in prequalification application disqualification.

Part B – Operational & Management Information.

1. Minimum Eligibility Requirement. Bids from bidders that do not meet the following Minimum Requirements shall be deemed non-responsive and shall not be considered.

1.1 Licensure. Bidder shall be State of Florida Certified Licensed General Contractor OR Miami

Dade County Registered Licensed General Contractor to be considered for award.

Submittal Requirement: Please provide copy of licensure.

2. Provide the names of each owner (stockholder, sole proprietor, and partner), director, or officer of the company below. Submit additional names on a separate sheet if required.

Owner Ownership percentage Directorship/Office type

3. Provide three (3) clients for which the Bidder has provided the referenced services in the last five (5) years.

Project Description of Work Project Reference Name:

E-mail:

Telephone:

Name:

E-mail:

Telephone:

Name:

E-mail:

Telephone:

4. Is the Bidder currently barred by a governmental agency from bidding as a prime or subcontractor?

YES NO

If yes, state the debarment period and the reason(s) for debarment.

5. Has the Bidder or any of its owners, directors, officers, or agents been convicted of a crime or had a claim that was filed in a court and mediated or arbitrated during the last five (5) years?

If yes, why?

6. Is an affiliate of the Bidder prequalified by the City of Miami Beach for any work?

If yes, state the name of the affiliate.

7. Is the Bidder a parent, subsidiary, or holding company for another company?

If the answer is "yes," identify the company and type of relationship(s) below:

Company Type of affiliation (parent or subsidiary) Period of affiliation

8. Is an owner, director, officer, or agent of the Bidder affiliated with another company?

If the answer is "yes," provide the following information for each individual and the affiliated company.

Individual's name Affiliated company's name Period of affiliation

Type of affiliation (e.g.

officer, director, owner, or employee)

9. Is the Bidder currently the debtor in a bankruptcy case or filed for bankruptcy during the last five (5) years?

If yes, explain and attach, as applicable, the relevant case and court documents, including (but not limited to) the original petition, including the case number and the date that the petition was filed; a copy of the bankruptcy court's discharge order, and any other document that ended the case, if no discharge order was issued.

10. Has any owner, director, officer, or agent for the Bidder, or has any business organization in which any such person was an owner, director, officer, or agent filed for or been discharged in bankruptcy within the past five (5) years?

If yes, explain and attach a copy of the discharge order, the order confirming the plan, and, if a Corporate Chapter 7 case, a copy of the notice of commencement.

11. Has any owner, director, officer, or agent of the Bidder owned or managed a company under any other name in the last five (5) years?

If yes, explain.

12. Has the Bidder been assessed or paid any fines on any contract during the past five (5) years, whether the project was publicly or privately owned?

13. Are there currently any liens, suits, or judgments of record pending against any owner, director, officer, or agent for the company that is related to the business activities of a business organization?

14. Has the Bidder or any of its owners, officers, or partners ever been convicted (criminal) or found liable (civil) for making either a false claim or material misrepresentation to any public agency or entity?

15. Has the Bidder or any of its owners, officers, or partners ever been convicted of any federal or state crime?

16. Is any officer, director, employee agent, or immediate family member (spouse, parent, sibling, and child) of any officer, director, employee, or agent an employee of the City of Miami Beach?

YES NO

If yes, state name, title, and share of ownership

Name Title Share (%) of Ownership

17. VENDOR CAMPAIGN CONTRIBUTIONS

Bidders are expected to be or become familiar with the City's Campaign Finance Reform laws, as codified in Sections 2-487 through 2-490 of the City Code https://library.municode.com/fl/miami_beach/codes/code_of_ordinances?nodeId=SPAGEOR_CH2AD_ARTVIIS

TCO_DIV5CAFIRE.

Bidders shall be solely responsible for ensuring that all applicable provisions of the City's Campaign Finance Reform laws are complied with and shall be subject to all sanctions, as prescribed therein, including disqualification of their bid submittal, in the event of such non-compliance.

Are there any individuals or entities (including your sub-consultants) with a controlling financial interest that have contributed to the campaign, either directly or indirectly, of a candidate who has been elected to the office of Mayor or City Commissioner for the City of Miami Beach?

If yes, list the name (first and last name) of individuals, occupation, amount, and date:

18. SUSPENSION, DEBARMENT, OR CONTRACT CANCELLATION.

Has Bidder ever been debarred, suspended, or other legal violation, or had a contract canceled due to non-performance by any public sector agency?

If the answer to the above is "YES," Bidder shall submit a statement detailing the reasons that led to action(s):

19. BYRD ANTI-LOBBYING AMENDMENT CERTIFICATION FORM

APPENDIX A, 44 CFR PART 18 – CERTIFICATION REGARDING LOBBYING

Certification for Contracts, Grants, Loans, and Cooperative Agreements

The undersigned Contractor certifies, to the best of their knowledge, that:

1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.

2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative Agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions.

3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.

This certification is a material representation of the fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31, USC § 1352 (as amended by the Lobbying Disclosure Act of 1995). Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

The undersigned Contractor certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 USC § 3801 et seq. apply to this certification and disclosure, if any.

By virtue of submitting a bid, Bidder certifies or affirms its compliance with the Byrd Anti-Lobbying Amendment Certification.

Name and Title of Bidder's Authorized Representative:

Signature of Bidder's Authorized Representative:

20. SUSPENSION AND DEBARMENT CERTIFICATION

The Contractor acknowledges that:

(1) This Contract is a covered transaction for purposes of 2 CFR pt. 180 and 2 CFR pt. 3000. As such, the

Contractor is required to verify that none of the Contractor, its principals (defined at 2 CFR § 180.995), or its affiliates (defined at 2 CFR § 180.905) are excluded (defined at 2 CFR § 180.940) or disqualified (defined at

2 CFR § 180.935).

(2) The Contractor must comply with 2 CFR pt. 180, subpart C and 2 CFR pt. 3000, subpart C, and must include a requirement to comply with these regulations in any lower-tier covered transaction it enters into.

(3) This certification is a material representation of fact relied upon by the City. If it is later determined that the

Contractor did not comply with 2 CFR pt. 180, subpart C and 2 CFR pt. 3000, subpart C, in addition to remedies available to the City, the Federal Government may pursue available remedies, including but not limited to suspension or debarment.

(4) The Contractor agrees to comply with the requirements of 2 CFR pt. 180, subpart C and 2 CFR pt. 3000, subpart C, while this offer is valid and throughout any contract that may arise from this offer. The Contractor further agrees to include a provision requiring such compliance in its lower tier covered transactions."

By virtue of submitting a bid, Bidder certifies or affirms its compliance with the Suspension and Debarment

21. SMALL AND DISADVANTAGED BUSINESS CERTIFICATION

Pursuant to Resolution 2020-31519, the City is tracking the Small and Disadvantaged Businesses, as certified by Miami-Dade County, that have been certified as Small or Disadvantaged Businesses by Miami-Dade County.

Does Bidder possess Small or Disadvantaged Business certification by Miami-Dade County?

22. LGBT BUSINESS ENTERPRISE CERTIFICATION

Pursuant to Resolution 2020-31342, the City is tracking the utilization of LGBT-owned firms that have been certified as an LGBT Business Enterprise by the National Gay and Lesbian Chamber of Commerce (NGLCC).

Does Bidder possess LGBT Business Enterprise Certification by the NGLCC?

23. CONE OF SILENCE

Pursuant to Section 2-486 of the City Code, all procurement solicitations, once advertised and until an award recommendation has been forwarded to the City Commission by the City Manager, are under the "Cone of Silence." The Cone of Silence ordinance is available at https://library.municode.com/fl/miami_beach/codes/code_of_ordinances?nodeId=SPAGEOR_CH2AD_ARTVI

ISTCO_DIV4PR_S2-486COSI

Any communication or inquiry in reference to this solicitation with any City employee or City official is strictly prohibited, with the exception of communications with the Procurement Director or his/her administrative staff responsible for administering the procurement process for this solicitation, providing said communication is limited to matters of process or procedure regarding the solicitation. Communications regarding this solicitation are to be submitted in writing to the Procurement Contact named herein with a copy to the City Clerk at rafaelgranado@miamibeachfl.gov.

The Vendor attests that they have read, understand, and are in compliance with the Cone of Silence Ordinance, pursuant to Section 2-486 of the City Code.

YES NO

24. CODE OF BUSINESS ETHICS

By virtue of submitting a bid, Bidder certifies the following:

Bidder has reviewed all applicable codes of ethics, including Chapter 112, Florida Statutes, Section 2-11.1 of the Miami- Dade County Code, and Chapter 2, Article VII of the Miami Beach City Code; and

Bidder will comply with all applicable governmental rules and regulations, including, but not limited to: all applicable codes of ethics, conflict of interest rules, and lobbying requirements, including Chapter 112, Florida Statutes, Section 2-11.1 of the Miami-Dade County Code, and Chapter 2, Article VII of the Miami Beach City Code.

25. LOBBYIST REGISTRATION & CAMPAIGN CONTRIBUTION REQUIREMENTS

This solicitation is subject to, and all bidders are expected to be or become familiar with, all City lobbyist laws, including lobbyist registration requirements and prohibition on campaign contributions.

Lobbyists:

https://library.municode.com/fl/miami_beach/codes/code_of_ordinances?nodeId=SPAGEOR_CH2

AD_ARTVIISTCO_DIV3LO

Campaign Finance Reform:

https://library.municode.com/fl/miami_beach/codes/code_of_ordinances?nodeId=SPAGEOR_CH2

AD_ARTVIISTCO_DIV5CAFIRE

Has the Bidder, or any officer, director, employee, or agent, contributed to the campaign, either directly or indirectly, of a candidate who has been elected to the office of Mayor or City Commissioner for the City of Miami Beach?

If yes, provide details.

By virtue of submitting the bid, Bidder certifies or affirms that they have read and understand the above Lobbyist Registration and Campaign Contribution Requirements.

26. NON-DISCRIMINATION

The Non-Discrimination ordinance is available at:

https://library.municode.com/fl/miami_beach/codes/code_of_ordinances?nodeId=SPAGEOR_CH2AD_ARTVIP

R_DIV3COPR_S2-375NSCCOREWA

By virtue of submitting the bid, Bidder agrees it is and shall remain in full compliance with Section 2-375 of the City of Miami Beach City Code.

27. FAIR CHANCE REQUIREMENT

The Fair Chance Ordinance No. 2016-4012 is available at:

https://library.municode.com/fl/miami_beach/codes/code_of_ordinances?nodeId=SPAGEOR_CH62HURE_ART

VFACHOR

By virtue of submitting a bid, Bidder certifies that it has adopted policies, practices, and standards consistent with the City's Fair Chance Ordinance. Bidder agrees to provide the City with supporting documentation evidencing its compliance upon request. Bidder further agrees that any breach of the representations made herein shall constitute a material breach of contract and shall entitle the City to immediate termination for cause of the Agreement, in addition to any damages that may be available at law and in equity.

28. PUBLIC ENTITY CRIMES

Please refer to Section 287.133(2)(a), Florida Statutes, available at:

https://www.flsenate.gov/Laws/Statutes/2012/287.133

By virtue of submitting the bid, Bidder agrees with the requirements of Section 287.133, Florida Statutes, and certifies it has not been placed on the convicted vendor list.

29. VETERAN BUSINESS ENTERPRISES PREFERENCE

Pursuant to City of Miami Beach Ordinance No. 2011- 3748, https://library.municode.com/fl/miami_beach/codes/code_of_ordinances?nodeId=SPAGEOR_CH2AD_AR TVIPR_DIV3COPR_S2-374PRPRPRVECOGOCOSE the City shall give a preference to a responsive and responsible bidder which is a small business concern owned and controlled by a veteran(s) or which is a service-disabled veteran business enterprise, and which is within five percent (5%) of the lowest and best Bidder, by providing such Bidder an opportunity of providing said goods or contractual services for the lowest responsive bid amount. Whenever, as a result of the foregoing preference, the adjusted prices of two (2) or more bidders, which are a small business concern owned and controlled by a veteran(s) or a service-disabled veteran business enterprise, constitute the lowest bid pursuant to an ITB, RFP, RFQ, ITN or oral or written request for quotation, and such bids are responsive, responsible and otherwise equal with respect to quality and service. The award shall be made to the service-disabled veteran business enterprise.

Is the Bidder a service-disabled veteran business enterprise certified by the State of Florida?

Is the Bidder a service-disabled veteran business enterprise certified by the United States Federal Government?

30. MORATORIUM ON TRAVEL TO AND THE PURCHASE OF GOODS OR SERVICES FROM MISSISSIPPI.

Pursuant to Resolution 2016-29375, the City of Miami Beach, Florida, prohibits the purchase of goods or services sourced in Mississippi. Are any of the products for which the Bidder is seeking to be prequalified sourced in Mississippi?

If yes, which brands?

31. SUSPENSION, DEBARMENT, OR CONTRACT CANCELLATION/TERMINATION. Has the Bidder ever been debarred, suspended (or other legal violation), or had a contract canceled/terminated due to non-performance by any public sector agency?

If yes, submit a statement detailing the reasons that led to action(s).

32. DRUG-FREE WORKPLACE CERTIFICATION.

The Drug-Free Workplace Certification is available at:

https://www.miamibeachfl.gov/wp-content/uploads/2019/04/DRUG-FREE-WORKPLACE-CERTIFICATION.pdf

By virtue of submitting a bid, Bidder certifies or affirms it has adopted policies, practices, and standards consistent with the City's Drug-Free Workplace Certification.

33. AFFIDAVIT OF COMPLIANCE WITH CONTRACTING WITH ENTITIES OF FOREIGN COUNTRIES OF

CONCERN FLORIDA STATUTE 287.138

Bidder has reviewed Section 287.138 of the Florida Statutes and certifies that, under penalty of perjury, it does not meet any of the criteria listed in Section 287.138(2)(a)-(c) of the Florida Statutes.

34. AFFIDAVIT OF COMPLIANCE WITH SECTION 2-375-1 PROHIBITION AGAINST CONTRACTING WITH

PARTIES THAT BOYCOTT ISRAEL

The Bidder certifies that it has reviewed Section 2-375-1 of the Code of the City of Miami Beach, is not engaged in a boycott of Israel, and agrees not to engage in such a boycott for the duration of its contract.

35. AFFIDAVIT OF COMPLIANCE WITH ANTI-HUMANTRAFFICKING LAWS FLORIDA STATUTE 787.06(13)

Pursuant to section 787.06(13), Florida Statutes, this portion of the form must be completed by an officer or representative of the nongovernmental entity executing, renewing, or extending a contract with a governmental entity.

By virtue of submitting a bid, Bidder certifies or affirms its compliance with the Human Trafficking Laws

Enter the name and title of the bidder's authorized representative:

36. LIVING WAGE

If applicable, pursuant to Section 2-408 of the City of Miami Beach Code (as currently stated or as may be amended), covered employees shall be paid the required living wage rates (https://www.miamibeachfl.gov/city-hall/procurement/procurement-related�ordinance-and-procedures/).

Any payroll request made by the City during the contract term shall be completed electronically via the City's electronic compliance portal.

37. CANDIDATE SERVICES DISCLOSURE

In accordance with Section 2-379 of the City Code, the City is prohibited from entering into a contract with any individual or entity if the individual, entity, or a principal or officer of the entity has performed compensated services for a candidate for the office of Mayor or City Commissioner within two years prior to the issuance of this solicitation.

Exceptions. The provisions of Section 2-379 do not apply to:

(a) Any individual or entity that provides goods to a candidate for office.

(b) Any individual or entity that provides services to a candidate for office if those same services are regularly performed by the individual or entity in the ordinary course of business for clients or customers other than candidates for office. This includes, without limitation, banks, telephone or internet service providers, printing companies, event venues, restaurants, caterers, transportation providers, and office supply vendors.

(c) Any individual or entity which performs licensed professional services (including, for example, legal or accounting services).

If the entity is not exempt, as noted above, within the past two years, has the business entity submitting the bid, or any principal or officer of the business entity submitting the bid, performed services for compensation for a candidate for the office of Mayor or City Commissioner of the City of Miami Beach?

38. STANDARD TERMS AND CONDITIONS

The Standard Terms and Conditions are available at https://www.miamibeachfl.gov/city-hall/procurement/standard-terms-and-conditions/ By virtue of submitting a bid, Bidder attests that they have read and understand the applicable Standard Terms and Conditions as indicated in the solicitation.

APPENDIX B

Special Conditions

1. METHOD OF PAYMENT. The City shall provide periodic payments for services rendered by the Contractor. In order for the City to provide payment, the Contractor shall submit a fully documented invoice within thirty (30) calendar days after the service has been rendered. It shall be understood that such invoices shall not be submitted for payment until the service has been completed and a City representative has reviewed and approved the service.

2. GUARANTEE AGAINST DEFECTS. The Contractor shall, in addition to all other guarantees, be responsible for faulty labor and defective material within one (1) year after the date of acceptance of labor and material by the City. Under this guarantee, the Contractor agrees to make good without delay, at its own expense, any failure of any part of the work after the City notifies the Contractor of such deficiencies in writing. Any such repair work shall receive a similar guarantee for a similar period. Payment in full for the work does not constitute a waiver of guarantee.

3. USE OF PREMISES. The Contractor shall confine his/her equipment, apparatus, the storage of materials, and the operation of his/her workmen to the limits indicated by law, ordinances, permits, or direction of the authorized City representative and shall not unreasonably encumber the premises with his/her materials.

APPENDIX C

Insurance Requirements

The vendor shall maintain the below required insurance in effect prior to awarding the contract and for the duration of the contract. The maintenance of proper insurance coverage is a material element of the contract and failure to maintain or renew coverage may be treated as a material breach of the contract, which could result in withholding of payments or termination of the contract.

A. Worker’s Compensation Insurance for all employees of the vendor as required by

Florida Statute 440, and Employer Liability Insurance for bodily injury or disease.

Should the Vendor be exempt from this Statute, the Vendor and each employee shall hold the City harmless from any injury incurred during performance of the Contract.

The exempt Vendor shall also submit (i) a written statement detailing the number of employees and that they are not required to carry Workers’ Compensation insurance and do not anticipate hiring any additional employees during the term of this contract or (ii) a copy of a Certificate of Exemption.

B. Commercial General Liability Insurance on an occurrence basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence, and $2,000,000 general aggregate.

C. Automobile Liability Insurance covering any automobile, if vendor has no owned automobiles, then coverage for hired and non-owned automobiles, with limit no less than $1,000,000 combined per accident for bodily injury and property damage.

Optional if they are delivering the goods and or service in the City directly.

Additional Insured - City of Miami Beach must be included by endorsement as an additional insured with respect to all liability policies (except Professional Liability and Workers’ Compensation) arising out of work or operations performed on behalf of the Vendor including materials, parts, or equipment furnished in connection with such work or operations and automobiles owned, leased, hired or borrowed in the form of an endorsement to the Vendor’s insurance.

Notice of Cancellation - Each insurance policy required above shall provide that coverage shall not be cancelled, except with notice to the City of Miami Beach c/o EXIGIS Insurance Compliance Services.

Waiver of Subrogation – Vendor agrees to obtain any endorsement that may be necessary to affect the waiver of subrogation on the coverages required. However, this provision applies regardless of whether the City has received a waiver of subrogation endorsement from the insurer.

Acceptability of Insurers – Insurance must be placed with insurers with a current A.M.

Best rating of -A:VII or higher. If not rated, exceptions may be made for members of the Florida Insurance Funds (i.e. FWCIGA, FAJUA). Carriers may also be considered if they are licensed and authorized to do insurance business in the State of Florida.

Verification of Coverage – Vendor shall furnish the City with original certificates and amendatory endorsements, or copies of the applicable insurance language, effecting coverage required by this contract. All certificates and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Vendor’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements, required by these specifications, at any time.

CERTIFICATE HOLDER MUST READ:

City of Miami Beach c/o Exigis Insurance Compliance Services P.O. Box 947 Murrieta, CA 92564

Kindly submit all certificates of insurance, endorsements, exemption letters to our servicing agent, EXIGIS, at:

Certificates-miamibeach@riskworks.com

Special Risks or Circumstances - The City of Miami Beach reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

Compliance with the foregoing requirements shall not relieve the vendor of his liability and obligation under this section or under any other section of this agreement.