1.1 - Legal Requirements

The Vendor shall comply with all rules, regulations and laws of the City of Coral Gables, Miami-Dade County, the State of Florida and the Federal Government now in force or hereinafter to be adopted.  Lack of knowledge by the Vendor shall in no way be cause for relief from responsibility.

1.2 - Non-Appropriation of Funds

In the event that insufficient funds are appropriated and budgeted or funding is otherwise unavailable in any fiscal period for this Agreement, then the City, shall have the unqualified right to terminate the Work Order(s) or Agreement upon written notice to the Vendor, without any penalty or expenses to the City. No guarantee, warranty or representation is made that any particular work or any project(s) will be assigned to any Vendor(s).

1.3 - Occupational License Requirements (Business Tax Receipt Requirements)

Any person, firm, corporation or joint venture, with a business location in the City of Coral Gables who is submitting a Bid response under this solicitation, shall meet the City’s Occupational License Tax Requirements in accordance with Ordinance No O2005-15 of the City of Coral Gables Code and Chapter 205 of the Florida Statutes.

Others with a location outside the City of Coral Gables shall meet their local Occupational License Tax requirements. Copy of the license must be submitted with the Bid; however, the City may, at its sole option and in its best interest, allow the Vendor to supply the license to the City during the evaluation period, but prior to award.

1.4 - Use of Polystyrene Prohibited

Vendor, vendor, lessee, concessionaire agrees to comply with Sec. 2-730 of the City of Coral Gables Code, which prohibits the sale or use of plates, bowls, cups, containers, lids, trays, coolers, ice chests, food containers and all similar articles made from expanded polystyrene within the city or in completing its duties to the city under this contract.  (This prohibition does not apply to expanded polystyrene containers used for prepackaged goods that have been filled and sealed prior to receipt by the city vendor, vendor, lessee or concessionaire.)  “Expanded polystyrene” is defined as blown polystyrene and expanded and extruded foams that are thermoplastic petrochemical materials utilizing a styrene monomer and processed by any number of techniques including but not limited to fusion of polymer spheres, infection molding, foam molding and extrusion-blown molding.  Vendor, vendor, lessee or concessionaire understands that violation of this section shall be deemed a default under the terms of the contract, lease or agreement.

1.5 - Use of Single-Use Plastic Beverage Straws and Plastic Stirrers Prohibited

Vendor, vendor, lessee, concessionaire agrees to comply with Sec 2-731 of the City of Coral Gables Code, which prohibits the sale or use of single-use plastic beverage straws and single-use plastic stirrers within the city or in completing its duties to the city under this contract.

Single-use plastic beverage straw is defined as a tube, intended for only one-time use that is made predominantly of plastic derived from petroleum or a biologically based polymer, including polymers derived from corn or other plant sources, for transferring a beverage to the mouth of the drinker.  Single-use plastic beverage straw include compostable and biodegradable petroleum or biologically based polymer straws, but does not include straws that are made from non-plastic materials such as paper, sugar cane, bamboo, or other similar materials.

Single-use plastic stirrer is defined as a device that is used to mix beverages, intended for only one-time use, and made predominantly of plastic derived from either petroleum or a biologically based polymer, including polymers derived from corn or other plant sources. Single-use plastic stirrer includes compostable and biodegradable petroleum or biologically based polymer stirrers and lid plugs (splash sticks), but does not include stirrers that are made from non-plastic materials such as paper, sugar cane, bamboo, or other similar materials.

Vendor, vendor, lessee or concessionaire understands that violation of this section shall be deemed a default under the terms of the contract, lease or agreement.

1.6 - Public Entity Crimes

A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a Proposal to provide any goods or services to a public entity, may not submit a Bid with a public entity for the construction or repair of a public building or public work, may not submit Bids on leases of real property to a public entity, may not be awarded or perform work as a vendor, supplier, subvendor, 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 F.S. 287.017 for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendors list.

1.7 - Resolution of Protests

Pursuant to Section 2-910 of the City of Coral Gables Code.

1.8 - Collusion

The Vendor, by submitting a Bid, certifies that its Bid is made without previous understanding, agreement or connection either with any person, firm, or corporation submitting a Bid for the same services, or with any City Department. The Vendor certifies that its Bid is fair, without control, collusion, fraud, or other illegal action. The Vendor certifies that it is in compliance with the conflict of interest and code of ethics laws. The City will investigate all situations where collusion may have occurred, and the City reserves the right to reject any and all Bids where collusion may have occurred.

1.9 - Sub-Vendor(s) / Sub-Consultant

A Sub-Vendor is an individual or firm contracted by the Vendor(s) to assist in the performance of services required under this IFB. A Sub-Vendor shall be paid through Vendor(s) and not paid directly by the City. Sub-Vendors are allowed by the City in the performance of the services delineated within this IFB. Vendor(s) shall clearly reflect in its Bid the major Sub-Vendor to be utilized in the performance of required services. The City retains the right to accept or reject any Sub-Vendor proposed prior to Agreement execution. Any and all liabilities regarding the use of a Sub-Vendor shall be borne solely by the Successful Vendor(s) and insurance for each Sub-Vendor must be maintained in good standing and approved by the City throughout the duration of the Agreement. Neither the Successful Vendor(s) nor any of its Sub-Vendors are considered to be employees or agents of the City. Failure to list all major Sub-Vendors and provide the required information may disqualify any proposed Sub-Vendor from performing work under this IFB.

Vendor(s) shall include in their Bids the requested Sub-Vendor information and include all relevant information required of the Vendor(s).

1.10 - Substitutions for Assigned Personnel

The City reserves the right to approve substitutions for assigned personnel proposed for this project. Substitutions may be allowed for staff turnover, sickness or other emergency situations.

1.11 - Florida Public Records Law

Sealed bids or proposals received by an agency pursuant to invitation for bids or requests for proposals are exempt from Florida Statutes Section 119.07(1) until such time as the agency provides notice of a decision or intended decision or within 30 days after bid or proposal opening, whichever is earlier.

Records subject to the provisions of Public Record Law, Florida Statutes Chapter 119, shall be kept and maintained in accordance with such Statute and made available for public inspection at the appropriate time. Vendor acknowledges that records and books, not subject to exemption under Chapter 119, may be disclosed and/or produced to third parties by the City in accordance with requests submitted under Chapter 119 or court orders without penalty or reprisal to the City for such disclosure and/or production. Supplier also agrees to assert, in good faith, any relevant exemptions provided for under Chapter 119 for records in its possession on behalf of the City. Furthermore, Supplier agrees to comply with the provisions outlined in Section 119.0701 of the Florida Statutes, the requirements of which are incorporated herein.

1.12 - Trade Secret, Proprietary or Confidential Information

The Vendor shall not submit any information in response to this Solicitation which the Vendor considers to be a trade secret, proprietary or confidential.  The submission of any information to the City in connection with this solicitation shall be deemed conclusively to be a waiver of any trade secret or other protection, which would otherwise be available to the Vendor.  In the event the Vendor submits information to the City in violation of this restriction, either inadvertently or intentionally, and clearly identifies that the information in the submittal as protected or confidential, the City may, in its’ sole discretion, either (a) communicate with the Vendor in writing in an effort to obtain the Vendor’s written withdrawal of the confidentiality restriction or (b) endeavor to redact and return that information to the Vendor as quickly as possible, and if appropriate, evaluate the balance of the submittal.  Under no circumstances shall the City request the withdrawal of the confidentiality restriction if such decision, solely based on the City’s discretion, would offer the Vendor a competitive advantage over other Vendors.  The redaction or return of information pursuant to this clause may render a submittal non-responsive. 

1.13 - Purchasing Agreements with Other Government Agencies

Any Governmental, not-for-profit or quasi-governmental entity in the State of Florida, may avail itself of this contract and purchase any and all goods and/or services specified herein from the Successful vendor(s) at the contract prices(s) established herein, upon mutual agreement between the Successful vendor(s) and any of the above listed entities.

Each governmental, not-for-profit or quasi-governmental entity which uses a contract(s) resulting here from, will establish its own contract, place its own orders, issue its own purchase orders, be invoiced there from and make its own payments, determine shipping terms and issue its own exemption certificates as required by the Successful Vendor(s).

1.14 - Protection of Property / Safety Concerns

The Successful Vendor shall at all-time take precautions to avoid any damage or loss property of the City, and shall replace and repair to the City’s satisfaction any loss or damage at Vendor’s expense. Vendor shall adhere at all times to all safety concerns regarding employees and visitors to the facility(s).

Precautions shall be exercised at all times for the protection of persons and property. All Vendors and Sub-Vendors shall conform to all OSHA, State and County regulations while performing under the Terms and Conditions of this contract. Any fines levied by the above mentioned authorities because of inadequacies to comply with these requirements shall be borne solely by the Vendor responsible for same.

1.15 - Invoicing & Payment

Invoices shall contain purchase order number, or services performed including if applicable, service data, number of labor hours for each worker, hourly rate(s) for each worker, total employee hours billed. Copies or invoices or other appropriate documentation shall be provided for each job to support their actual cost prior to reimbursement. The Vendor, upon request by the City, shall supply additional documentation. Vendor may be paid in monthly installments. Payment is made according to the actual number of labor hours worked. Partial or full payment can be withheld until work is completed to the satisfaction of the City.

1.16 - Auditing of Records

The Successful Vendor’s book and records as they relate to the anticipated contract must be made available for inspection and audit upon receipt of three (3) days prior written notice from the City and remain available for City or other applicable sources for inspection for at least three (3) years following the expiration of the contract.

1.17 - Award of Contract  

The contract will be awarded per the criteria outlined in Section 1.5. All services provided to the City of Coral Gables shall be rendered pursuant to the terms of a “Contract”. The City of Coral Gables will not sign any contracts submitted by a proposing Vendor awarded the Contract. The Contract provides that the Vendor will render the requested services to the City as provided for in this document pursuant to the issuance of a Purchase Order through the City’s Procurement Division.

1.17.1 - Purchase Order

The City of Coral Gables through the Finance Department/Procurement Division will issue a Purchase Order Number to the awarded Vendor, following approval by the city commission and executed Contract. Neither the Successful Vendor(s) nor any of his/her employees shall perform any work or deliver any goods unless a change order or purchase order is issued and received by the Vendor.

1.18 - Background Screenings 

All individuals working for a firm under contract with the City of Coral Gables shall be subject to Level 2 (fingerprint) background screening.

External Contracts: Professional’s employees working on the outside (i.e. landscaping, etc.).  The successful Vendor will perform level 2 screening, with no reporting requirements to the City.

Internal Contracts: Professional’s employees working inside City facilities, in City parks where people congregate, around children, and immediate surrounding areas (i.e. Youth Center, Venetian Pool, temporary hires, etc.). The successful Vendor will perform level 2 screening, and submit the results to Human Resources (HR).

1.19 - Continuation of Work

Any work that commences prior to and will extend beyond the expiration date of the current contract period shall, unless terminated by written agreement by the City, will continue until completion at the same prices, terms and conditions.

1.20 - Employee Eligibility Verification. 

Vendor shall execute and submit the affidavit as prescribed by the City, affirming that the Vendor does not knowingly employ any person in connection with the contracted services who does not have the legal right or authorization under federal law to work in the United States as defined in 8 U.S.C. §1324a(h)(3). Vendor shall provide a copy of the E-Verify affidavit to verify compliance with F.S. 448.095 requirements.

To learn more about the program and enroll, please visit e-verify.gov.

1.21 - Lobbyist Registration Form.

The Vendor certifies that it understands if it has retained a lobbyist(s) to lobby in connection with this specific purchase and that each lobbyist retained has timely filed the registration or amended registration required under the City of Coral Gables Lobbyist Registration requirement pursuant to Ordinance 2017-44 that requires any individual, corporation, partnership, or other legal entity employed or retained whether paid or not, by a principal who seeks to encourage the approval, disapproval, adoption, repeal, passage, defeat, or modifications of (a) any ordinance, resolution, action or decision of any City Commissioner; (b) any action, decision, recommendation of the City Manager, any city board or committee, including but not limited to Quasi-Judicial, Advisory Board, Trust, Authority, or Council; or (c) any action, decision or recommendation of city personnel during the time period of the entire decision-making process on the action, decision or recommendation which foreseeably will be heard or reviewed by the City Commission, or a city board or committee, including but not limited to Quasi-Judicial, Advisory Board, Trust, Authority, or Council. 

1.22 - Indemnification and Hold Harmless

To the fullest extent permitted by Laws and Regulations, the Vendor shall defend, indemnify, and hold harmless the City and its elected and appointed officials, consultants, agents, and employees from and against all claims, damages, losses, and expenses direct, indirect, or consequential (including but not limited to fees and charges of attorneys and other professionals and court and arbitration costs) arising out of or resulting from the performance of the work and caused in whole or in part by any willful, intentional,  reckless, or negligent act or omission of Vendor, any sub-vendor, or any person or organization directly or indirectly employed by any of them to perform or furnish any of the work or anyone for whose acts any of them may be liable.

In any and all claims against the City and its elected and appointed officials, consultants, agents, or employees by any employee of Vendor, any sub-vendor, any person or organization directly or indirectly employed by any of them to perform or furnish any of the work or anyone for whose acts any of them may be liable, the indemnification obligation under the above paragraph shall not be limited in any way by any limitation on the amount or type of damages, compensation, or benefits payable by or for Vendor any such sub-consultant or other person or organization under workers’ or workman’s compensation acts, disability benefit acts, or other employee benefit acts.  Moreover, nothing in this Indemnification and Hold Harmless provision shall be considered to increase or otherwise waive any limits of liability, or to waive any immunity, established by Florida Statutes, case law, or any other source of law.

1.23.2  For any and all claims against the City or any of its elected and appointed officials, consultants, agents, or employees by any employee of Vendor, and sub-vendor, any person or organization directly or indirectly employed by any of them to perform or furnish any of the work or anyone for whose acts any of them may be liable, the indemnification obligation under the above paragraph shall not be limited in any way by any limitation on the amount or type of damages, compensation, or benefits payable by or for Vendor or any such sub-vendor or other person or organization under workers’ or workman’s compensation acts, disability benefit acts, or other employee benefit acts.  This indemnification and Hold Harmless provision shall survive termination of the Agreement.

1.23.3  The indemnification and hold harmless provision shall include, but not be limited to, all of the following: 

a. Damages awarded to any person or party.

b. Attorney’s fees and costs incurred in defending such claims.  The City may use the attorney or law firm of its choice in which event the Vendor will pay such firm the fees it charges the City, provided such fees are reasonable in light of the prevailing market rate for similar legal services.  Such fees shall be deemed reasonable if they are no greater than the fees that City pays other counsel for representation in similar cases.   If the City Attorney’s Office provides the defense, Vendor will reimburse the City at the prevailing market rate for similar legal services.

c. Attorney’s fees and cost of any party that a court orders the City to pay.

Lost time that results from the City or its officials or employees responding to discovery or testifying by deposition or in court.  In this regard, for any time the City spends in responding to document requests or public records requests relating to such claims whether from Vendor or any other party, Vendor will reimburse City $50.00 for each employee work hour spent reviewing or responding to such requests.  For any time spent testifying in court or in depositions, or preparing for such testimony, Vendor will reimburse City on a per-hour basis as follows: 

• For the Mayor or City Commissioner: $300.00 per hour
• or the City Manager: $250.00 per hour
• or an Assistant City Manager or Department Director: $250.00 per hour
• or an Assistant Department Director: $100.00 per hour
• or City Attorney or Assistant City Attorney: Prevailing market rates
• or other employees: $50.00 per hour

• The expenses incurred by City in complying with any administrative or court order that may arise from such claims.
• Miscellaneous expenses relating to such claims including expenses of hotels and transportation in trips relating to such claims; and
• Any other direct or indirect expense that City would not have incurred but for a claim that arises out of this agreement.

1.23.4 It is the specific intent of the parties hereto that the foregoing indemnification complies with Section 725.06 (Chapter 725), Florida Statutes.

1.23.5 The Parties hereby expressly agree and understand that the indemnification and hold harmless provisions contained herein supersede and take precedence over any such provisions contained within the city documents.