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HomeMy WebLinkAboutRFP 12-09-01 Requestt for Proposal Gooods & Services AUTTOMAATEDLLICENSSE PLAATE REECOGNNITIONN ((ALPRR) SYSTTEM Requesst for Prroposal No. 12-09-01 Publish DDate: BBid Due and BBid Opening DDate: 209/20/20112 at 10:00 AMM 09/06/201 Pre-Bid Confference:WWhere to Delliver Proposal IntentionallyOmittedSuunny Isles Beacch Governmentt Center 18070 Collins Avenue Suunny Isles Beacch, Florida 33160 /źƷǤƚŅ{ǒƓƓǤLƭƭƌĻƭ.Ļğĭŷ΋wwĻƨǒĻƭƷŅƚƩtƩƩƚƦƚƭğƌbƚ͵ЊЋЉВЉЊЊ TABLEOOF CONTEENTS Table of CContents Page 2 Legal Advvertisement/Notice to BiddePage 3 Instructions to Bidder // General TerrmsSSection 1 Page 4 Special Teerms & Condittions SSection 2 Page 10 Scope of WWork / Technnical SpecificaationsSSection 3 Page 16 Evaluationn Process SSection 4 Page 20 Proposal FFormat SSection 5 Page 22 Bid Submittal Form SSection 6 Page 24 Affidavitts Non-Collusive Affidavit Page 1 of 110 ttity Crimes Page 2 of 110 Public En Equal Oppportunity / Afffirmative Action StatementtPage 4 of 110 Conflict off Interest Statement Page 5 of 110 DisputeDDisclosure FormmPage 6 of 110 Anti-Kickbback Affidavit Page 7 of 110 Bid Bond Page 8 of 110 Performannce Bond Page 9 of 110 Attachments /źƷǤƚŅ{ǒƓƓǤLƭƭƌĻƭ.Ļğĭŷ΋wwĻƨǒĻƭƷŅƚƩtƩƩƚƦƚƭğƌbƚ͵ЊЋЉВЉЊЋ LEGAL AADVERTISEMMENT NOTICCE TO BIDDEER NOTICEE IS HEREBY GIVEN that the City of Sunny Isles Beaach is seeking sealed Bids ffor the followwing workk as specified. AUTTOMATED LIICENSE PLAATE RECOGNNITION (ALPPR) SYSTEM Reequest for PProposal No. 12-09-01 The Bid SSpecifications for this Requuest for Propoosal are availaable from DeemandStar by g (800)) 711- callin 1712 or by accessingg their websiite at www.ddemandstar.ccom. The BBid Specificattions may alsso be examined at the City of Sunny Issles Beach –Office of thee City Clerk. Vendors wwho obtain thhe Bid Specifications from souurces other than DemandSStar or the CCity of Sunny Isles Beach are cautionedd that responseppackage mayy be incomplete. Addennda will be disseminateed by their Bid posted and DemandStar at least five days priorr to the submmittal date to aall vendors wwho are listed on the officiaal list. The City mmay not acceppt incompletee Bids. Bids shall be on a unit price basis; segregatedBBids will not bbe accepted. Sealed Bids wwill be receivved by the City Clerk no latter than 10::00 AM, onThursday,09/20/20112 at the SSunny Isles BBeach th Governmeent Center loccated at 180770 Collins Avvenue, 4 flooor, Sunny Islees Beach, Floorida, 33160. Bids receivedaafter this time will not bee considered. The City is under no obbligation to reeturn Bids. TTimely submittedd Bids will be opened publiccly and read aloud at this time. The envellope containinng the sealed eed: Bid must be clearly mark “IMPORTANNT, BID ENCCLOSED” Bid NNo. 12-09-01 AUTTOMATED LIICENSE PLAATE RECOGNNITION (ALPPR) SYSTEM OPENNING DATE AAND TIME: TThursday,009/20/20122 at 10:00 AMM The Owneer reserves thhe right to reect any or aall Bids, with or without ccause, to waivve technical eerrors and informmalities, and to accept thee Bid, which bbest serves thhe interest off, and represeents the best value to, the Owwner in confoormity with thhe criteria seet forth in Secction 62-8 of the Code of Ordinances oof the City of Sunny Isles Beaach. All questioons regardingg Request forr Proposal Noo. 12-09-01 sshall be directted in writingg to Jane A. HHines, CMC, Cityy Clerk, at leaast five (5) buusiness days prior to the ddate of the BBid opening.Questions may be submittedd via email to:JHines@sibbfl.net or via facsimile (3005) 792-1563 or via regulaar mail at: Jaane A. Hines, CMMC, City Clerk,, City of Sunnny Isles Beachh, 18070 Collins Avenue, SSunny Isles Beeach, FL 331660. ees, CMC, City Clerk Jane Hin City of Sunny Isles Beaach /źƷǤƚŅ{ǒƓƓǤLƭƭƌĻƭ.Ļğĭŷ΋wwĻƨǒĻƭƷŅƚƩtƩƩƚƦƚƭğƌbƚ͵ЊЋЉВЉЊЌ SEECTION 1 INSTRRUCTIONSTTO BIDDER // GENERAL TTERMS ANDD CONDITIONS THESE INSTRUCCTIONS ARE STANDAARD FOR ALL BID COOMMODITIES/SERVICEES ISSUED BY THE CCITY OF SUNNY ISLESS BEACH. THE CITY OF SUNNY ISLES BEAACH MAY DELETE, SUPERRSEDE OR MODIFY ANY OF THESE STANDAARD INSTRUCTIONS FOOR A PARTICULAR COONTRACT BY INDICATTING SUCH CHANGE IIN SPECIAL INSTRUCTTIONS TO BIDDERS OR INN THE BID SHEETS. AANY AND ALL SPECIAAL CONDITIONS THATT MAY VARY FROM THHE GENERAL CONDITIIO0NS SHALL HAVE PPRECEDENCE. BIDDERR AGREES THAT THE PROVVISIONS INCLUDED WWITHIN THIS BID ORR RFP SHALL PREVAIIL OVER ANY CONFLIICTING PROVISION WWITHIN ANY STANDAARD FORM CONTRACTT OF THE BIDDER REGARDDLESS OF ANY LANGUUAGE IN BIDDER’S COONTRACT TO THE CONNTRARY. 1.1CLLARIFICATION/EXPPLANATION/QUESTIIONS:public entity, and may not transact bbusiness with any pubblic entity in excess of thee threshold amount provided in section 2877.107, for Anny questions concerniing the Bid Specificattions or any requireddcategory two ffor a period of 36 mmonths from the date of being neeed for clarification mmust be made to Janee A. Hines, CMC, Cityyplaced on the cconvicted vendor list”. Cleerk via email to: JHinees@sibfl.net or via faccsimile (305) 792-15633 orvia regular mail at: Jane A. Hines, CMMC, City Clerk, City of1.6BID DEADLINNE: Suunny Isles Beach, 180070 Collins Avenue, SSunny Isles Beach, FLL 33160. Such requestss for clarification/expplanation or questionssBids must be ssubmitted no later thhan the time and date shown muust be made in writingg to Jane A. Hines, CMMC, City Clerk, at leastwithin this docuument. five (5) business dayss prior to the date of the Bid opening . Intterpretations or clariffications considered nnecessary by the Cityy1.7SEALED BID: willl be issued by addendda and posted/disseminated by DemandStar (wwww.demandstar.com)) to all parties listedd on the official plannThe entire Bid Response Package sshall be placed in ann opaque hoolders’ list as having reeceived the Bid documments. Only questionssenvelope (with all items listed on tthe Bid checklist formm and all answered by written adddenda shall be bindingg. Oral interpretationssother items reequired within this RRequest for Proposalmust be orclarifications shall be without legal effect. No plea of ignoranceeexecuted) and ssubmitted in a sealed envelope. ordelay or required neeed of additional informmation shall exempt aa Prooposers from submittiing their Bid on the reequired date and timee1.8BID EXECUTIOON, SIGNATURES, EERASURE/CORRECTTION: as publicly noted. All Bids shall be signed in blue innk. All price quotes shall be 1.2PLLAN HOLDER’S LISTT:typewritten or printed with ink. All corrections madee by the proposers priorr to the opening mustt be initialed and dateed by the As a convenience to veendors, the City of Sunny Isles Beach hassproposers. No changes or correctionns will be allowed after Bids are maade available via internet lists of all plan holders for each Requesstopened. Bids must contain an origginal, manual signatuure of an forr Proposal, Request foor Proposal, and requuest for qualificationss.authorized reprresentative of the company. Thhe information is availaable on-line at www.ddemandstar.com or byy callling the Office of the City Clerk at (305) 792-1703. 1.9WITHDRAWAAL OF BIDS: 1.3ADDDENDA TO SPECIFFICATIONS: Proposers mayy withdraw Bids only by written request and shall forward the wiithdrawal request via “Certified U.S. Mail – Return Ifany addenda are iissued after the inittial specifications areeReceipt Requessted” prior to the Bid opening time. Negliigence on released, the City will ppost and disseminate the addenda throughhthe part of the Proposers in preparinng the Bid confers noo right for DeemandStar. For thosee projects with separaate plans, blue printss,the withdrawal of the Bid after it has been opened. orother materials that cannot be accessed through the internett, thee Office of the City CClerk will make good faith effort to ensuree1.10BID OPENINGG: thaat all registered proposers (those who havve been registered ass recceiving a Bid packaage) receive the documents. It is theeBids will be oppened publicly at the time and place stateed in the ressponsibility of the venndor prior to the subbmission of any Bid tooNotice to Biddeer. It is the responsibbility of the proposers to insure cheeck the above websitte or contact the Officce of the City Clerk atthat the Bid reaches the Office of thhe City Clerk on or bbefore the (3005) 792-1703 to veriffy any addenda issueed. The receipt of alllclosing hour and date stated on the RRequest for Proposal. After the addenda must be acknowledged on the Bid Reesponse Sheet. Bid opening, thhe contents of the Bidd Form will be made public for the informationn of vendors and otheer interested parties who may 1.4SPPECIAL ACCOMMODDATIONS: be present eithher in person or by representative. Bids that are received after tthe Bid opening time will not be consideredd and will Anny person requiring a special accommoodation at a Pre-Biddnot be returnedd. Coonference or Bid/RFP/RFQ opening becausee of a disability shouldd calll the Office of the Citty Clerk at (305) 792--1703 at lease five (5)1.11EVALUATION OF BIDS: days prior to the Pre-Biid Conference or Bid//RFP/RFQ opening. If you are hearing or speeech impaired, please contact the Office oofThe City, at its sole discretion, reserrves the right to inspeect any/all thee City Clerk by callingg the City of Sunny Isles Beach using theeProposers facilities to determine thheir capability of meeting the Floorida Relay Service wwhich can be reachedd at 1(800) 955-87711requirements ffor the Contract. AAlso, price, responsibbility, and (TDDD). responsiveness of the Proposers, thee financial position, exxperience, staffing, equipment, materials, refeerences, and past hhistory of 1.5PUUBLIC ENTITY CRIMMES STATEMENT: service to the City and/or with other units of state, andd/or local governments inn Florida, or comparable private entitiess, will be Pursuant to the provisioons of paragraph (2) ((a) of section 287.133,taken into consideration in the Awardd of the Contract. Floorida statutes -"a persson or affiliate who haas been placed on thee convicted vendor list following a conviction foor a public entity crimee1.11.1 Hoold Harmless: All Prooposer’s shall hold thee City, it's maay not submit a Bid on a contract to pprovide any goods oroffficials and employeess harmless and covenaant not to serrvices to a public entitty, may not submit a Bid on a contract withhsuue the City, it's officiaals and employees in reference appublic entity for the construction or repair of a public building ortoo their decisions to rejeect, award, or not awaard a Bid, public work, may not submit Bids on leases of real property to aaass applicable. public entity, may not bee awarded to perform work as a Contractorr,1.11.2 Caancellation: Failure oon the part of the Prooposers to supplier, sub-Contractorr, or consultant undeer a contract with anyycoomply with the conditions, speccifications, /źƷǤƚŅ{ǒƓƓǤLƭƭƌĻƭ.Ļğĭŷ΋wwĻƨǒĻƭƷŅƚƩtƩƩƚƦƚƭğƌbƚ͵ЊЋЉВЉЊЍ requiremennts, and terms as deetermined by the Cityy,Contract or Awaard. These quantitiess are for Bid purposess only and shall be jusst cause for cancellatioon of the Award. will be used foor tabulation and pressentation of the Bid. The City 1.111.3 Disputes: If any dispute concerning a question of factreserves the rigght to increase or deecrease quantities as required, arises under the Contract, other than termination foreven significantly. The prices offerred herein and the peercentage oontractor and the Cityyrate of discounnt applies to other reppresentative items nott listed in default or convenience, the C departmennt responsible for the administration of theethis Bid. Contract shall make a good faith effort to resolve thee dispute. If the dispute cannnot be resolved byy1.18GOVERNMENTTAL RESTRICTIONSS ON MATERIALS: agreementt, then the departmeent with the advice of the City Atttorney shall resolve thhe dispute and send aaIn the event anny governmental restrrictions may be impossed which written copy of its decision to the Contractor, whichhwould necessitaate alteration of the mmaterial quality, workkmanship, shall be binnding on both parties..or performancee of the items offerred on this Bid priorr to their delivery, it shall be the responsibilityy of the successful Prooposers to 1.12 AGGREEMENT: notify the Cityy at once, indicatingg in their letter thee specific regulation whicch required an alterattion. The City of Suunny Isles Aftter the Bid award, the City will, at itss option, prepare annBeach reservess the right to accept any such alteration, including Aggreement specifying thhe terms and conditioons resulting from theeany price adjuustments occasioned thereby, or to canccel at no awward of this Bid. The vendor will have ten (110) calendar days afterfurther expensee to the City. nootification of the awardd by the City to execuute the Agreement andd proovide the required Perrformance Bond. 1.19SAFETY STANDARDS: Thhe Proposers who hass the Contract awardded to them and whoo fails to execute the Agrreement and furnish tthe Performance BonddThe Proposers warrants that the product(s) supplied too the City and Insurance Certificattes within the specifiedd time shall forfeit theeconforms in aall respects to the standards set forthh in the Bidd Security that accommpanied their Bid, and the Bid Security shallloccupational saafety and health act (OSHA) and its ameendments. be retained as liquidatedd damages by the Cityy, and it is agreed thatBids must be acccompanied by a mateerials data safety sheeet (MSDS) thiis sum is a fair estimaate of the amount of damages the City willlwhen applicablee. susstain in case the Proposers fails to enter into the Contract andd furrnish the Bonds as herein before provided. Bid Security depositedd1.20WARRANTIESS: inthe form of a cashieer’s check drawn on a local bank in goodd staanding shall be subject to the same requiremments as a Bid Bond. Successful Propposers shall act as ageent for the City in the follow-up Thhe performance of thee City of Sunny Isless Beach of any of itssand compliancee of all items under Waarranty/Guaranty andcomplete obbligations under the aggreement shall be subbject to and contingentall forms for Waarranty/Guarantee covverage under this Conttract. uppon the availability of funds lawfully expenddable for the purposess ofthe agreement for thhe current and any fuuture periods providedd1.21COPYRIGHTSS/PATENT RIGHTS: forr within the Bid specifiications. Proposers warrrants that there has bbeen no violation of ccopyrights 1.13 PAAYMENTS:or patent rightts in manufacturing, producing or selling of goods shipped or ordered, as a result of tthis Bid. The seller aagrees to Paayment will be madde after commoditiess/services have beennindemnify Cityy from any and alll liability, loss, or expense recceived, accepted, annd properly invoiced as indicated in theeoccasioned by aany such violation. contract and/or purchasse order. Invoices must bear the purchasee ordder number. 1.22LOCAL BUSINNESS TAX (OCCUPATTIONAL LICENSE REGISTRATIOON): 1.14 BRRAND NAMES: The contractor shall be responsible for obtaining and maaintaining Ifa brand name, makke, of any "or equal" manufacturer tradeethroughout thee contract period his or her city and couunty local name, or vendor catalogg is mentioned whethher or not followed byybusiness tax rreceipts. Each venddor submitting a Bidd on this thee words "approved eqqual" it is for the purpose of establishing aaRequest for Prooposal shall include aa copy of the company’s local graade or quality of matterial only. Vendor mmay offer equals withhbusiness tax/occcupational license(s)) with the Bid responnse. For appropriate identificatioon, samples, and/or sspecifications on suchhinformation speecific to City of Sunny Isles Beach local business iteem(s). The City shall be the sole judge conncerning the merits ooftax/occupationaal licenses, please call Code Enforcement & Licensing iteems Bid as equals. at (305) 792-17705. If the contractorr is operating under aa fictitious name as definned in Section 865.0559, Florida Statutes, proof of 1.15 MAATERIAL:current registraation with the Floridaa Secretary of State shall be submitted with the Bid. A business formed by an attorneey actively Maaterial(s) delivered too the City under this Bid shall remain theelicensed to pracctice law in this statee, by a person activelyy licensed prooperty of the seller unntil accepted to the saatisfaction of the Cityy.by the Departmment of Business and Professional Regulatioons or the In the event materials ssupplied to City are found to be defective orDepartment offHealth for the purppose of practicing his or her doo not conform to speecifications, the City reserves the right toolicensed professsion, or by any corpporation, partnership, or other retturn the product(s) to the seller at the sellerr’s expense. commercial enttity that is actively orrganized or registeredd with the Department ofState shall submit a copy of the current licensing 1.16 SAAMPLES:from the approopriate agency and/orr proof of current actiive status with the Divisioon of Corporations of the State of Florida. Samples of items, whhen required, must be furnished by thee Prooposers free of chargee to the City. Each inndividual sample must1.23LIABILITY, INNSURANCE, PERMITTS AND LICENSES: be labeled with the Proposers name and manufacturer's brandd name and delivered byy them within ten (10) calendar days oofProposers shalll assume the full dutty, obligation, and exxpense of Prooposers receipt of the “Notice to Proceeed”, unless scheduleeobtaining all neecessary licenses, permmits, inspections, and insurance inddicates a different time. If samples are reqquested subsequent toorequired. The Proposers shall be liable for any damages or loss to thee Bid opening, they should be delivered within ten (10) calendarthe City occasiooned by negligence off the Proposers (or theeir agent) days of the request. Thhe City will not be ressponsible for returninggor any person the Proposers has deesignated in the completion of sammples. their contract as a result of the Bid. Contractor shall be reequired to furnish a copy of all licenses, certifficates of competencyy or other 1.17 QUUANTITY GUARANTTY: licensor requireements necessary too practice their profeession as required by Floorida State Statute, Miami-Dade County, annd City of Noo guaranty or warrantty is given or implied by the City as to theeSunny Isles Beach Code. Contractoors shall include current Miami- tottal amount that may oor may not be purchassed from any resultinggDade County CCertificates of Compettency. These documeents shall /źƷǤƚŅ{ǒƓƓǤLƭƭƌĻƭ.Ļğĭŷ΋wwĻƨǒĻƭƷŅƚƩtƩƩƚƦƚƭğƌbƚ͵ЊЋЉВЉЊЎ be furnished to the Cityy along with the Bid response. Failure toodelivery scheduules may result in thhe Contractor being found in furrnish these documennts or to have requuired licensor will beedefault. groounds for rejecting thee Bid. 1.28DEFAULT PROOVISION: 1.24 CEERTIFICATE(S) OF IINSURANCE: In case of defaault by the Proposers, the City of Sunny Isles Beach Prooposers shall furnish tto the Office of the Citty Clerk, City of Sunnyymay procure thhe articles or servicess from other sources and hold Isles Beach, 18070 Coollins Avenue, Sunny Isles Beach, Floridaathe Proposers responsible for anyy excess costs occassioned or 33160, certificate(s) off insurance which indicate that insuranceeincurred therebby. covverage has been obtained from an insurancce company authorizedd todo business in the SState of Florida or ottherwise secured in aa1.29SECONDARY//OTHER VENDORS: maanner satisfactory to the City, for those coverage types andd ammounts listed in this ddocument, in an amouunt equal to 100% oofThe City reservves the right in the evvent the primary vendoor cannot thee requirements and shall be presented to the City prior tooprovide an itemm(s) or service(s) in a ttimely manner as requuested, to isssuance of any Contracct(s) or Award(s) Docuument(s). The City oofseek other sourrces without violating tthe intent of the Contract. Suunny Isles Beach shaall be named as "additional insured" withh resspect to this coveragge. The required certificates of insurancee1.30 DEFINITIONSS: shaall not only name thee types of policies prrovided, but shall alsoo reffer specifically to this Bid and section. At the time of BiddWherever used in these General Condditions or in the other Contract submission the Proposeers must submit certifficates of insurance assDocuments, thee following terms shalll have the meaning inddicated outlined in the General Conditions section. AAll required insurancesswhich shall be aapplicable to both the singular and plural thhereof: shaall name the City of SSunny Isles Beach as additional insured andd succh insurance shall bee issued by companiees authorized to issueeAcceptance:Acceptancce by the City of the Work as inssurance in the State oof Florida. It shall be the responsibility oofbeing fullyy complete in accordaance with thee Proposers and insurrer to notify the City MManager of the City oofthe Conttract Documents suubject to Suunny Isles Beach of cancellation, lapse, or mmaterial modification ofwaiver of claims. any insurance policies insuring the Proposers, which relate to thee acttivities of such vendor and the City of Sunnny Isles Beach. SuchhAgreement: The writteen Agreement between the City nootification shall be in wwriting, and shall be submitted to the Cityyand the CContractor covering thee Work to finance support service director thirty (30) days prior toobe perfoormed, which incluudes the canncellation of such policies. This requiremennt shall be reflected onnContract DDocuments. thee certificate of insurrance. Failure to fuully and satisfactorilyy comply with the city's insurance and bondding requirements setWritten oor graphic instruments issued Addenda: forrth herein will authoorize the City Manaager to implement aaprior to tthe Bid Opening whicch modify resscission of the Bid award without further Ciity Commission action.or interpret the Contract Doocuments, Thhe Proposers hereby holds the City harmmless and agrees tooDrawings and Specificatioons, by inddemnify City and coveenants not to sue the City by virtue of suchhaddition, deletions, clarifications or resscission. correctionns. 1.25 ASSSIGNMENT: Means approved by the City. Approved: Thhe Contractor shall not transfer or assign the performanceeBid:The offer of the Proposers submitted on reqquired by this Bid wwithout prior written consent of the Cityythe presccribed form setting forth the Maanager. Any award isssued pursuant to thee Request for Proposaalprices for the Work to be perforrmed. and monies which may bbe due hereunder are not assignable except witth prior written approoval of the City Manaager. Further, in theeProposers:Any perrson, firm or coorporation event that the majorityy ownership or conttrol of the Contractorsubmittingg a Bid for Work. chaanges hands subseequent to the awarrd of this contractt, Coontractor shall prompttly notify City in writiing (via United StatessBonds: Bid, perrformance bond annd other Poostal Service – Certifieed Mail, Return Receippt Requested) of suchhinstrumennts of security, furnished by the chaange in ownership or control at least thirrty (30) days prior tooContractor and their suurety in succh change and City shhall have the right to tterminate the contractaccordancce with the Contract uppon sixty (60) days wriitten notice, at City’s ssole discretion. Documentts and in accordance with the law of thee State of Florida. 1.26 HOOLD HARMLESS/INDEMNIFICATION: rr: A written order to the Contracttor signed Change Orde Thhe Contractor shall inddemnify, hold harmlesss, and defend the Cityyby the CCity authorizing an addition, ofSunny Isles Beach, itt's officers, agents andd employees from andddeletion oor revision in the Woork, or an against any claims, demmands or causes of action of whatsoeveradjustmennt in the Contract Price or the kinnd or nature arising ouut of error, omission, nnegligent act, conductt,Contract TTime issued after exeecution of ormisconduct of thee Contractor, their agents, servants orthe Agreeement. emmployees in the provision of goods or the peerformance of servicess pursuant to this Bid andd / or from any procurrement decision of theeCity:City of Suunny Isles Beach, 180770 Collins Citty including without limitation, awarding the Contract to theeAvenue, Sunny Isles Beach, Florida Coontractor. 33160. 1.27 NOON-CONFORMANCEE TO CONTRACT: Contract Docuuments: Contract Documents shall include, Instructions to Proposers, Coontractor's Thhe City of Sunny Islees Beach may withhoold acceptance of, orBid, the BBonds, the Notice of Award, the rejject items which are found upon examination, not to meet theeAgreemennt between the CCity and speecification requiremennts. Upon written nootification of rejection,Contractor as well as any addenda iteems shall be removed within (5) calendar ddays by the vendor atthereto, these General Coonditions, theeir own expense andd redelivered at their expense. RejecteddSpecial Conditions, the Technical gooods left longer than thirty (30) calendar daays will be regarded assSpecifications, Drawings and abandoned and the Cityy shall have the right to dispose of them assModificatioons, Notice to Proceed, its own property. Rejecction for non-conformaance or failure to meetRequest for Proposal, IInsurance Certificatees, Change Ordeers and /źƷǤƚŅ{ǒƓƓǤLƭƭƌĻƭ.Ļğĭŷ΋wwĻƨǒĻƭƷŅƚƩtƩƩƚƦƚƭğƌbƚ͵ЊЋЉВЉЊЏ Acknowledgment of Conformance withh the City of Sunny IIsles Beach. Written Noticce: The term “Notice” as used heerein shall mean andd include all writtenn notices, Coontract Price:The total moniees payable to theedemands,, instructions, claims, approvals Contractor under the Contractand disapproval’s required tto obtain Documents. compliancce with Contract requuirements. Written notice shall be deemedd to have Coontract Time: The number of caalendar days stated innbeen dulyy served if delivered in person the Agreement forr the completion of theeto the inddividual or to a membber of the Work. firm or too an officer of the coorporation for whomm it is intended, oor to an Coontracting Officer:The individual whoo is authorized to signnauthorizedd representative oor such the contract documments on behalf of theeindividual,, firm, or corporatioon, or if City’s governing boody. delivered at or sent by registereed mail to the last business address kknown to oontractor:The person, firm hho gives the notice. Cor corporation witthem wh Unless whom the City has executed thiss stated in writing, a otherwiseny notice Agreement. to or demmand upon the City uunder this Contract sshall be delivered to thhe City. Daay:A calendar day oof twenty-four hourss measured from mmidnight to the nexxt1.31 BID AWARD: midnight. The City reservves the right to rejecct any and all Bids aat its sole Fieeld Order:A written order isssued by the City whichhdiscretion. Bids shall be awardedd by the City after the City clarifies or interprets the Contractperforms all neccessary searches, inquuiries, exploration, andd analysis Documents or ordders minor changes innof the Bids. TThe Bid shall be awarrded to the lowest reesponsible the Work. and responsive proposer whose Bid bbest serves the interessts of and represents the best value to the Cityy in conformity with thhe criteria Moodification:Modification meanns any one of theeset forth in Secction 62-8 of the City Code. No Notice of AAward will following: (a) a wwritten amendment oofbe given until tthe City has concludeed any investigation(ss) as they the Contract Documents signed by bothhdeem necessarry to establish the Prroposer’s capability too perform parties, (b) a CChange Order, (c) aathe Services as described in thiss RFP, ITB, RFQ or ITQ, as written clarification or interpretation ifsubstantiated by the required prrofessional experiencce, client issued by the City,, or (d) a written orderreferences, tecchnical knowledge andd qualifications; and sufficient for minor changee or alteration in theelabor and equipment to comply with the City’s esstablished Work issued by thee City. A modificationnstandards, as wwell as the financial capability of the Prooposer to may only be issued after execution oofperform the WWork in accordance with the Contract Docuuments to the Agreement. the satisfactionn of the City within tthe time prescribed. The City reserves the rigght to reject the Bid off any Proposers on thee basis of Nootice of Award:The written notiice by City to theethese queries aand investigations andd who does not meet the City’s apparent successfful Proposers statinggsatisfaction, evven though the firm mmay be the lowest doollars and that upon commpliance with theecents Bid. IIn analyzing Bids, tthe City will also ttake into conditions precedeent to be fulfilled byyconsideration cclient references, passt work experience aand work him within the timme specified, City willlproduct, provenn ability to satisfactorrily perform. If the Contract is execute and delivver the Agreement tooawarded, the City will issue the NNotice of Award and give the him. successful Propposers a Contract forr execution within ninnety (90) days after openning of Bids. The Cityy specifically reserves the right Saamples: Physical examplees which illustrateeto award the ccontract to a proposer who is not necessarily the materials, equipmment or workmanshipplowest dollars aand cents proposers on the basis of the results of and establish standards by which theethese queries and investigation(s). Work will be judgeed. 1.32 EXECUTION OOF AGREEMENT: Sppecifications:Those portions of the Contract Documents consisting of writtennAt least four counterparts of the Agreement, the Perrformance technical descripptions of materialss,Bond, the Certificates of Insurance and such other Docuuments as equipment, connstruction systemss,required by the Contract Documeents shall be execuuted and standards and woorkmanship as appliedddelivered by Coontractor to the City wwithin ten (10) calendaar days of to the Work. receipt of the NNotice of Award. Statement of Servicess:The form furnished by the City which iss1.33LAWS AND REEGULATIONS: to be used by the Contractor inn requesting progresss payments. The Contractorr will give all noticees and comply with all laws, ordinances, rules and regulations appplicable to the Workk. If the Suupplier: Any person or orgaanization who suppliessContractor obsserves that the Sppecifications are at variance materials or equippment for the Workk,therewith, theyy will give the City prommpt written notice theereof, and including that fabbricated to a speciaalany necessaryy changes shall be adjusted by an apppropriate design, but who does not perform labormodification. Iff the Contractor perfoorms any Work knowinng it to be at the site. contrary to suuch laws, ordinancess, rules and regulations, and without such nnotice to the City, thhey will bear all costts arising Work: Any and all oblligations, duties anddwherefrom. responsibilities necessary to thee successful compleetion of the Project1.34TAXES: assigned to or unddertaken by Contractor under the Coontract Documentss,The City of Sunnny Isles Beach is exempt from sales tax immposed by including all labor,, materials, equipmentthe State and/oor Federal Government. Florida Sales Tax EExemption and other incidentaals, and the furnishinggNo. 23-00-477131-54C appears on each purchasee order. thereof. Exemption certiificates are available uupon request. /źƷǤƚŅ{ǒƓƓǤLƭƭƌĻƭ.Ļğĭŷ΋wwĻƨǒĻƭƷŅƚƩtƩƩƚƦƚƭğƌbƚ͵ЊЋЉВЉЊА incorporated inn a Change Order. If after termination of the 1.35 DUUTY TO DEFEND, INNDEMNIFY AND SAVVE HARMLESS: Contractor undder this Section, it is determined by a court of competent jurissdiction for any reasoon that the Contractorr was not In consideration of the sseparate sum of twentty-five dollars ($25.00)in default, the rrights and obligations of the City and the CContractor d other valuable connsideration, the Conntractor shall defend,shall be the samme as if the terminatioon had been issued puursuant to an inddemnify and hold haarmless the City, its officers, agents anddthis document. emmployees, from or oon account of any injuries or damagess, recceived or sustained by any person or ppersons during or onn1.37.1WWhere the Contractoor’s services have been so acccount of any operatioons connected with tthe Work described innteerminated by the Citty said termination shall not thee Contract Documennts, or by or in consequence of anyyafffect any rights of thhe City against the CContractor neegligence in connectionn with the same; or bby use of any improperthhen existing or whichh may thereafter accrrue. Any maaterials or by or on aaccount of any act orr omission of the saiddreetention or payment oof moneys by the Cityy due the Coontractor or his Sub-CContractor, agents, seervants or employeess.Coontractor will not rrelease the Contracctor from Thhe Contractor will defeend, indemnify and hhold harmless the Cityyliaability. and their agents or employees from andd against all claimss, xxpenses including attorneys' fees arising ou1.37.2Urritten notice to the Coontractor, damages, losses and etpon ten (10) days w or resulting from thee performance of thee Work, provided thathhe City may, without ccause and without preejudice to oft any such claim damage,, loss or expense (a) iss attributable to bodilyyanny other right or remedy, elect to terminate the injury, sickness, diseasee or death, or to injurry to or destruction ofAggreement. In such case, the Contractorr shall be tanngible property (otherr than Work itself) inccluding the loss of useepaaid for all Work execuuted and accepted byy the City ressulting wherefrom andd (b) is caused in whhole or in part by anyyass of the date of the ttermination. No paymment shall neegligent act or omissionn of the Contractor, Sub-Contractor, anyoneebee made for profit foor Work which has not been dirrectly or indirectly empployed by any of themm or anyone for whoseepeerformed. actts any of them may bbe liable, regardless oof whether or not it iss cauused by a party indemmnified hereunder. In the event that a court1.38MISCELLANEOOUS: ofcompetent jurisdictioon determines that Seec. 725.06 (2), F.S. iss applicable to this Work, then in lieu of the abbove provisions of thissProposers acknoowledge the followingg miscellaneous conditions: secction the parties agreee that Contractor shhall indemnify, defendd and hold harmless the City, their officers and employees, to thee1.38.1WWhenever any provisioon of the Contract Doocuments fullest extent authorizedd by Sec. 725.06 (2) F.S., which statutoryyreequires the giving oof written notice it shall be proovisions shall be deemmed to be incorporateed herein by referenceedeeemed to have beenn validly given if dellivered in as if fully set forth herein. In the event that any action orpeerson to the individual or to a member of thhe firm or prooceeding is brought aagainst City by reasonn of any such claim otoo an officer of the corporation for whhom it is r demand, Contractor, uppon written notice frrom City shall defenddinntended, or if delivereed at or sent by regiistered or succh action or proceedding by counsel satissfactory to City. Theeceertified mail, postage prepaid, to the last business inddemnification providedd above shall obligatee Contractor to defenddadddress known to themm who gives the notice. atits own expense or too provide for such deffense, at City’s option, any and all claims of liabbility and all suits and actions of every namee1.38.2 Thhe Contract Documents shall remain the prroperty of d description that maay be brought againsst City, excluding onlyythhe City. The Contracttor shall have the righht to keep an oose which allege that the injuries arose out of the sole negligenceeonne record set of thhe Contract Documents upon th ofCity, which may resuult from the operationns and activities undercoompletion of the Projeect. thiis Contract whether tthe Work be performmed by Contractor, itss Suub-Contractors, or by anyone directly or inndirectly employed byy1.38.3 Thhe duties and obligatiions imposed by thesee General eitther. Coonditions, Special CConditions and Suppplemental Coonditions and the rights and remedies available 1.36 DEECISIONS ON DISAGGREEMENTS:heereunder, and, in particular but without llimitation, thhe warranties, guaranntees and obligations imposed Thhe City will be thhe initial interpreter of the Technicaaluppon Contractor and those in the Special CConditions Sppecifications. annd the rights and reemedies available to the City, shhall be in addition to, and shall not be connstrued in 1.37 CIITY MAY TERMINATTE: anny way as a limitation of, any rights andremedies avvailable by law, by sspecial guarantee or by other Iftthe Contractor is adjuudged bankrupt or insoolvent, or if they makeeprrovisions of the Contraact Documents. ageneral assignment for the benefit of thheir creditors, or if aa truustee or receiver is aappointed for the Conntractor or for any oof1.38.4 Shhould the City or thhe Contractor suffer injury or theeir property, or if theey file a petition to taake advantage of anyydaamage to its person or property becausse of any debtor’s act, or to reorganize under bankruptccy or similar laws, or iferrror, omission, or act of the other or of anny of their theey repeatedly fails to ssupply sufficient skilled workmen or suitableeemmployees or agents oor others for whose acts they maaterials or equipment,, or if they repeatedlyy fail to make promptarre legally liable, claim shall be made in writiing to the payments to Sub-Contraactors or for labor, mmaterials or equipmentotther party within a reasonable time of the first orthey disregard laws,, ordinances, rules, reegulations or orders ofobbservance of such in jury or damage. any public body havinng jurisdiction, or iff they disregard thee authority of the City, off if they otherwise vioolate any provision off,1.39WAIVER OF JUURY TRIAL: thee Contract Documents, then the City may,, without prejudice too any other right or remeedy and after giving thhe Contractor and theeCity and Conntractor knowingly, irrevocably voluntaarily and surety ten (10) days written notice, terminate the services of theeintentionally waaive any right either may have to a trial bby jury in Coontractor and take posssession of the Projecct and of all materialss,State or Federal Court proceedinggs in respect to any action, equipment, tools, consttruction equipment annd machinery thereonnproceeding, lawwsuit or counterclaim based upon the Contract owwned by the Contractoor, and finish the Workk by whatever methoddDocuments or tthe performance of thee Work there under. theey may deem expedieent. In such case the Contractor shall not be entitled to receive any further paymennt until the Work iss1.40GOVERNING LLAW: finished. If the unpaid balance of the Contrract Price exceeds thee dirrect and indirect costs of completing the Project, includinggThe Contract shall be construed in aaccordance with and governed compensation for additioonal professional services, such excess shalllby the law of thhe State of Florida. be paid to the Contractor. If such costs exceed such unpaidd balance, the Contractorr will pay the differennce to the City. Suchh1.41VENUE: cossts incurred by the City will be determined by the City andd /źƷǤƚŅ{ǒƓƓǤLƭƭƌĻƭ.Ļğĭŷ΋wwĻƨǒĻƭƷŅƚƩtƩƩƚƦƚƭğƌbƚ͵ЊЋЉВЉЊБ Veenue of any action to enforce the Contract Documents shall be innCity all such books and recordss and accounts, finaancial or Miaami-Dade County, Florida. otherwise, whicch relate to the Projecct and to any claim forr a period of three years ffollowing final completion of the Project. DDuring the 1.42 ARRBITRATION: Project and thee three year period foollowing final completion of the Project, Contraactor shall provide CCity access to its boooks and Itis the intention of the parties that wheneveer possible, if a disputeerecords upon fivve days written noticee. orcontroversy arises heereunder then such ddispute or controversyy shaall be settled by arbitration in accordance with the proceduress,1.44SEVERABILITTY: rulles and regulations off the American Arbitraation Association. Thee decision rendered by the Arbitrator shall be ffinal and binding uponnIf any provisionn of the Contract or the application thereof to any thee parties and judgmment upon the awaard rendered by theeperson or situuation shall to any extent, be held innvalid or arbbitrator may be enntered in any courtt having jurisdiction.unenforceable, the remainder of thee Contract, and the application Arbbitration shall be held in Miami-Dade Countty, Florida. All costs oofof such provisioons to persons or situuations other than those as to arbbitration and attorneyys’ fees incurred by the parties shall be paiddwhich it shall hhave been held invalidd or unenforceable shaall not be by the non-prevailing party or, if neither pparty prevails on theeaffected therebby, and shall continue in full force and effecct, and be hhole, each party shall be responsible for a pportion of the costs oenforced to thee fullest extent permittted by law. wf arbbitration and their respective attorneyss’ fees as may bee determined by the courtt on confirmation. 1.45INDEPENDENNT CONTRACTOR: 1.43 PRROJECT RECORDS:The Contractorr is an independent CContractor under the Contract. Services providded by the Contractorr shall be by employeees of the Citty shall have right to inspect and copy duuring regular businesssContractor and subject to supervisionn by the Contractor, and not as hoours at City’s expensee, the books and reccords and accounts oofofficers, employyees, or agents of thee City. Personnel poolicies, tax Coontractor which relate in any way to the Prooject, and to any claimmresponsibilities, social security andd health insurance, employee forr additional compensation made by Contracttor, and to conduct annbenefits, purchhasing policies and other similar administrative audit of the financial annd accounting records of Contractor whichhprocedures, appplicable to services rendered under the Contract relate to the Project. Contractor shall retain and make available tooshall be those oof the Contractor. Endd of Section /źƷǤƚŅ{ǒƓƓǤLƭƭƌĻƭ.Ļğĭŷ΋wwĻƨǒĻƭƷŅƚƩtƩƩƚƦƚƭğƌbƚ͵ЊЋЉВЉЊВ SSection 2 Special Terrms and Connditions 2.1PPURPOSE OFF BID: The City of Sunny Isles Beaach (the “Cityy”) intends to secure the services of a qqualified contractor too furnish and install an AUUTOMATED LLICENSE PLATTE RECOGNITTION (ALPR) SYSTEM. It is the inntent of this pproposal docuument that aall work shall result in commpliance withh the specificaations doocuments andd all regulatory requiremennts applicablee to such servvice. 2.2PPRE-BID CONNFERENCE Inntentionally OOmitted 2.3 TERM Twwill commencce on the firsst calendar daay of the month succeedinng approval oof the his contract coontract by thee City Commiission, or designee, unlesss otherwise sttipulated in thhe Notice of AAward leetter, which iis distributedd by the Cityy's Purchasingg Agent; andd end upon the completion of seervices. 2.4OOPTIONS TO RENEW nntentionally OOmitted I 2.5MMETHOD OF AAWARD Seee section 4 2.6PPRICE Prrices shall remmain fixed and firm througgh the term off the contractt PPERFORMANYYMENT BONND 2.7CE AND PA The City of Sunny Isles Beaach shall requuire the succeessful Proposeer to furnish aa Performancce and Paayment Bondd in the amouunt of 100% of the total Proposal Pricce, with the CCity of Sunnyy Isles Beeach as the Obligee, as security for the faithful performancee of the Conntract and foor the paayment of all persons perfforming laborr or furnishingg materials in connection hherewith within ten (110) calendar days after nootification of tthe award byy the City. Thhe bonds shaall be with a ssurety coompany authoorized to do bbusiness in thhe State of Floorida. 2.8BBID BOND The City of Sunny Isles Beaach shall requuire that everyy Proposer fuurnish a Bid BBond in the ammount off 5% of the tootal Proposal Price. /źƷǤƚŅ{ǒƓƓǤLƭƭƌĻƭ.Ļğĭŷ΋wwĻƨǒĻƭƷŅƚƩtƩƩƚƦƚƭğƌbƚ͵ЊЋЉВЉЊЊЉ 2.9DDELIVERY Inntentionally OOmitted 2.10INNSURANCE Coomprehensivee General Liaability with minimum limitss of One Milliion Dollars ($$1,000,000.000) per occcurrence coombined singgle limit for Bodily Injuryy Liability annd Property Damage Liaability. Cooverage musst be affordeed on a forrm no more restrictive tthan the lateest edition oof the Coomprehensivee General LLiability policyy, without rrestrictive enndorsements, as filed byy the Innsurance Servvices Office, aand must incluude: o Premisses and Operaation o Indepeendent Contraactors o Produccts and/or Completed Operations Hazarrd o Broadtty Damaged Form Proper o BroadForm Contracctual Coveragge applicable to this specifiic Contract, inncluding any hold Harmleess and/or indemnificationn agreement. o Personnal Injury Cooverage withh Employee aand Contracttual Exclusions removed, with minimum limits off coverageeequal to thosse required nnjury Liabilityy and for Bodily I Properrty DamageLLiability. o Errorsand Omissionns Liability Business Autoomobile Liabillity with minnimum limits of One Milliion Dollars (1,000,000.000) per occcurrence coombined singgle limit for Bodily Injuryy Liability annd Property Damage Liaability. Cooverage must be affordedd on a form nno more restrictive than thhe latest editioon of the Bussiness Automobile Liaability policy, without restrictive endorssements, as ffiled by the IInsurance Services OOffice, and muust include: o Ownedd Vehicles; o Hiredaand Non-Ownned Vehicles; o Employyers’ Non-Owwnership. Beforee starting thee Work, the vendor will file and makke sure that all certificattes of insurance required by this docuument and byy the Contracct are in the City’s possession. Thesecertificatessshall contain aa provision thhat the coverage afforded under the poolicies will noot be canceleed or materiaally changeduntil at leastt thirty (30) days prior wwritten noticehas been given to the CCity by certiffied mail. TThe City shall be named aas an additioonal insured oon the above--referenced poolicies. The veendor agreess that if any part of the WWork under tthe Contract is sublet, theey will requiree the Sub-venndor(s) to caarry insurancee as required, and that they will requirre the Sub-vvendor(s) to ffurnish to theem insurance certificatesssimilar to those required bby the City in this section. /źƷǤƚŅ{ǒƓƓǤLƭƭƌĻƭ.Ļğĭŷ΋wwĻƨǒĻƭƷŅƚƩtƩƩƚƦƚƭğƌbƚ͵ЊЋЉВЉЊЊЊ 2.10.1 Cancelllation and Ree-Insurance: If any insurance should be canceeled or changged by the inssurance comppany or shoulld any insurance expire duuring the periood of this conntract, the Contractor shall be responsibble for securinng other acceeptable insuraance to proviide the coverrage specifiedd in this sectiion to maintaain coverageduring the liffe of this Conntract. All deeductibles muust be declared by the Coontractor and must be appproved by thee City. At thhe option of tthe City, eitheer the Contraactor shall eliiminate or reeduce such deductible or the Contracttor shall proccure a Bond,in a form sattisfactory to thhe City, coverring the samee. 2.11AACCIDENT PRREVENTIONN AND BARRRICADES Baarricades, connes, construcction fencingand temporary constructioon fencing,pper City regulaations annd other releevant requiremments, shall bbe provided bby the proposer when woork is performmed in arreas traversedd by persons or when deemed necessary by the Cityy Manager or his designee at no exxtra cost to tthe City. Temmporary consstruction fenccing (chain linnk – 6’ high)is required bby the City and such cost of placcement shall be borne byy the proposser for any wwork that reqquires deemolition andd/or requires the containmment of equippment or matterial or proteection of worrk and citizens. The fence shall be covered forr dust control, shall have a windscreenn, and/or a privacy sccreen as direccted by the City at the proposers sole coost. Prroposer shall comply with regulationsaand permit reequirements ffor the placemment of the pproper feencing. Precaautions shall be exercised at all times for the proteection of perssons and property. All proposers pperforming seervices underr this contracct shall confoorm to all releevant OSHA, State annd City regulaations duringg the course oof such effortt. Any fines levied by thee above menttioned auuthorities for failure to commply with theese requiremeents shall be borne solely by the responsible prroposer. 2.12MMONTHLY INNVOICES PAYAYMENTS Cut-off date is the close of ness day of tthe month. VVendor shall ssubmit by thee 10th the last busi daay of the following monthh vendor's commpleted Stateement of Servvices/Invoice. Should thee 10th faall on a weekeend or holidayy, Contractor shall submit his applicatioon on the nextt workday. Veendor is advissed that processing of invooices must follow this scheedule, as the CCity has funding reequirements aand other payyment obligattions which mmay prevent paayment of latte Statement of Seervices for that month’s billing cycle.AA late Statemeent of Servicees with a recoommendation for paayment will bbe paid in the next month’ss billing cycle.. 2.13MMATERIALSSSHALL BE NEW AND WAARRANTED AAGAINST DEEFECTS The proposer hhereby acknoowledges and agrees that all materials, except wherre recycled coontent iss specifically requested,ssupplied by the proposer in conjuncction with this solicitationn and reesultant contract shall bee new, warraanted for theeir merchantaability, and ffit for a partticular puurpose. In thhe event any of the materrials supplied to the City bby the proposser are found to be deefective or doo not conformm to specifications: (1) thee materials mmay be returneed to the prooposer /źƷǤƚŅ{ǒƓƓǤLƭƭƌĻƭ.Ļğĭŷ΋wwĻƨǒĻƭƷŅƚƩtƩƩƚƦƚƭğƌbƚ͵ЊЋЉВЉЊЊЋ att the proposeer’s expense aand the contrract cancelledd or (2) the City may requiire the proposer to reeplace the maaterials at thee proposer’s eexpense. Inn the event thhat material is suspected bby the City RRepresentativee of being reuused or not nnew in orriginal packagging, the matterial may bee rejected. Thhe Proposer sshall remove such materiaal and reeplace it at hiis/her cost annd within the original schedule. No proovisions or allotments for ddelays orr time extenssions to the sschedule as aa result of “ddefective”, unnacceptablemmaterial, or reeused mmaterial found shall be grannted. AABOR, MATEERIALS, ANQUIPMENT SHALL BBE SUPPLIEDD BY THE PRROPOSER 2.14 LD E Unless otherwiise provided iin Section 3 oof this solicitation the propposer shall furrnish the folloowing, inncluding but not limited too, all labor, material, equuipment, barrricading, adequate supervvision, annd coordinatiion for satisfaactory contraact performannce. When nnot specificallly identified iin the teechnical speciifications, succh materials aand equipment shall be of a suitable ttype and gradde for thhe purpose. AAll material, wworkmanship,, 100% desiggn, testing andd equipment shall be subject to thhe inspection and approvall of the City's Project Manaager. 2.15CCLEAN-UP mmaterials andd debris shall be removeed from the the end of All unusable premises at each wworkday, and disposed of iin an appropriate manner. Upon final completion, the proposerr shall thhoroughly cleean up all areas where work has beeen involved as mutuallyy agreed with the asssociated useer departmentt’s project maanager. 2.16NNOTIFICATIOON TO BEGIIN WORK SHHALL BE GIVVEN THROUGGH A NNOTICE TO PPROCEED: The proposer shall neither commenceaany work, nor enter a Cityy work premise, until a wwritten Notice to Procceed (NTP) diirecting the pproposer to proceed with tthe work hass been receivved by thhe proposer from any aauthorized City manager or his desiggnee represeentative; proovided hoowever, that such notificattion shall be ssuperseded bby any emergeency work thaat may be reqquired inn accordance with provisionns included elsewhere in this solicitationn and resultant contract. 2.17WWARRANTYSSHALL BE SUUPPLIED INN WRITTEN FFORM A.Typeoof Warranty CCoverage Required The prroposer shall provide a copy of its writtten warranty certificateswwith its initial offer, or upoon request froom the City. Failure to meeet this requirement may result in thee offer beingdeemed non The warrantty supplied bby the proposser shall rem -responsive. ain in forceffor the full peeriod identified by the propposer; regarddless of whethher the propooser is undercontract withh the City at tthe time of deefect. Any paayment by the City on behhalf of thegooods or servicces received ffrom the proposer does nnot constitute a waiver of these warrannty provisionss. Proposer’ss warranties shall be 1 year from finaal completionn shall /źƷǤƚŅ{ǒƓƓǤLƭƭƌĻƭ.Ļğĭŷ΋wwĻƨǒĻƭƷŅƚƩtƩƩƚƦƚƭğƌbƚ͵ЊЋЉВЉЊЊЌ includee all deliveryy, labor, matterial, and eequipment for the correcttion, replacement, reinstaallation, and/oor removal offdefective andd/or unacceptable work. Warrannties for speecific componnents of the work shall bbe provided sseparately annd on fabricaators or manuufacturers original letterheead with original signaturees. B. Correccting Defects eer Warranty Covered Und The prroposer shall be responsibble for prompptly correctingg any deficieency, at no coost to the Cieeven (7) caleendar days after the City notifies the proposer offsuch ty, within s deficieency in writin. If the prroposer fails to satisfy thhe warranty within the pperiod specified in the nootice, the Cityy may (a) plaace the propposer in default of its conntract, and/orr (b) procure the products or services frrom another ssource and chharge the prooposer for anny additional aare incurred by the City for this work or items; costs that either througgh a credit meemorandum oor through invvoicing. 2.18DDEFICIENCIEES IN WORKK TO BE CORRRECTED BYY THE PROPOOSER The proposer shall promptlly correct all apparent andd latent deficciencies and/oor defects in work, annd/or any woork that fails tto conform too the contract documentsrregardless of project comppletion sttatus. All corrrections shall be made wiithin seven (77) calendar daays after such rejected deefects, deeficiencies, annd/or non-conformances aare verbally reeported to the proposer byy the City's pproject addministrator, who may confirm all suchh verbal repoorts in writingg. The propooser shall beaar ALL coosts of correccting such rejeected work. If the proposser fails to corrrect the work within the pperiod sppecified, the City may, att its discretioon, notify thee proposer, inn writing, thaat the propooser is suubject to conttractual defauult provisions if the correcttions are not completed too the satisfacttion of thhe City withinn seven (7) caalendar days of receipt off the notice. If the propooser fails to coorrect thhe work withinn the period sspecified in thhe notice, thee City shall plaace the propooser in defaultt. 2.19FURNISH ANND INSTALL REQUIREMEENTS The specificatioons and/or sttatement of wwork containeed within this solicitation deescribe the vaarious fuunctions and classes of wwork requiredd as necessaary for the ccompletionoof the work. Any ommissions of iinherent techhnical functioons or classees of work wwithin the speecifications aand/or sttatement of wwork shall noot relieve thee proposer froom furnishingg, installingoor performingg such wwork where required to the satisfactory ccompletion off the project. 2.20 FEEGULATIONSS EDERAL AND STATE R The successfull Proposer shaall comply witth all federal, state and loccal rules. 2.21LIICENSES, PEERMITS ANDD FEES The proposer shall obtain aand pay for aall licenses, ppermits and innspection feees required foor this prroject; and shall comply wwith all laws, ordinances,regulations aand buildingccode requiremments appplicable to tthe work conntemplated heerein. Damages, penaltiees and or finees imposed oon the /źƷǤƚŅ{ǒƓƓǤLƭƭƌĻƭ.Ļğĭŷ΋wwĻƨǒĻƭƷŅƚƩtƩƩƚƦƚƭğƌbƚ͵ЊЋЉВЉЊЊЍ City or the prooposer for faillure to obtainn required liceenses, permitts or fines shaall be borne bby the prroposer. 2.22LIIQUIDATEDD DAMAGES FOR INCOMMPLETE PROOJECTS Faailure to complete the projject in accorddance with thee specificationns and to thee satisfaction oof the City within the time stateed shall causse the vendoor to be subbject to charrges for liquidated daamages in tthe amount of $400.00 for each annd every callendar day tthe work remains inncomplete.As compensation due the CCity for loss off use and for additional costs incurred bby the City due to suuch non-comppletion of thee work, the CCity shall havve the righttto deduct thee said liqquidated dammages from aany amount ddue, or that may becomee due to the vendor undeer this aggreement, or to invoice thhe vendor forr such damagges if the cossts incurred eexceed the ammount duue to the venndor. 2.23WWEEKLY PROOGRESS REPPORTS The City shall require that tthe successfuul proposer prrovide weeklyy progress repports on the sstatus off the project. The report shhall include at the minimumm the followinng informatioon; Backgrround on the project itself Discusssion of the acchievements ssince last repporting Discusssion of probleems that havee arisen Discusssion of work that lies aheaad Assesssment of whether you wwill meet the objectives in the propoosed schedulee and budget ENDOF SECTIONN /źƷǤƚŅ{ǒƓƓǤLƭƭƌĻƭ.Ļğĭŷ΋wwĻƨǒĻƭƷŅƚƩtƩƩƚƦƚƭğƌbƚ͵ЊЋЉВЉЊЊЎ Section33 Scoope of Servicces / Technical Specificcations 3.0PPROJECT INFFORMATIONN AND RESPPONSE REQUUIREMENTS The City of Sunnny Isles Beaach, hereinafteer referred too as the CITY,, is seeking proposals fromm quualified firms,, hereinafter rreferred to ass the Contracttor, to providee an Automattic License Plaate RRecognition (AALPR) System for the City’ss Police Deparrtment, in acccordance withh the terms, coonditions and specifications contained inn this Requesst for Proposaal (RFP). 3.1OOVERVIEW Suunny Isles Beeach is uniqueely configuredd to enable thhe ALPR Geo-Fencing of the City and proovide coonsequent ennhanced securrity for the reesidents by coontinuously monitoring the vehicles enteering, leeaving and traaversing the CCity. It is propposed that prppoints into thee City be enabbled imary entry wwith ALPR systtems. The distributedd ALPR systemms will be connnected to a ccentral managgement serveer that will actt as thhe primary intterface point for the City. TThe server auutomaticallyppushes updatees to the rem ote unnits and receiives “read infformation” and allows the CCity to have aa single point from which tto mmonitor the acctivity and perrform investiggations. This ssolution will pprovide Sunnyy Isles Beach with asimple meanns of improvin the safety aand security wwithin the Citty. RRoadside Systeems: As Floridda requires onnly rear plates on the vehicles, the fixedd systems muust be coonfigured to ““view the rear of the vehiccles”. Each lanne of traffic wwill require a ccamera systemm. The camera syystem(s) conssist of cameraas (infrared caamera for reading the platees and a color caamera to provvide a referennce overview of the vehiclee) and a roadside processoor (CPU in an ennvironmentalenclosure). The City of Sunnny Isles is innterested in mmonitoring vehhicular ingresss and egressactivity throuugh thhe automatic reading of liccense plates (AALPR). Theree are approximmately elevenn (11) primaryy loocations that wwill need to bbe monitored to capture alll inbound andd outbound trraffic. Below aare thhe tentative loocations but aare subject too change: nd 1)Collinss Ave and 1922 St - West OOff Ramp 2)192ndto Collins - NNorthboundMMerge 3)Collinss Ave Off Rammp - Southbouund nd 4)Collinss to 192 Exitt Ramp 5)N Bay Rd at Sunny Isles Blvd 6)SunnyIsles Blvd - OOutbound Norrthside 7)SunnyIsles Blvd - OOutbound Souuthside Isles Blvd - IInbound Nort 8)Sunnyhside 9)SunnyIsles Blvd - IInbound Soutthside /źƷǤƚŅ{ǒƓƓǤLƭƭƌĻƭ.Ļğĭŷ΋wwĻƨǒĻƭƷŅƚƩtƩƩƚƦƚƭğƌbƚ͵ЊЋЉВЉЊЊЏ 10)Collinss Ave Northboound at Hauloover Park 11)Collinss Ave Southboound at Hauloover Park 3.2BBACK OFFICEE SYSTEM DDescription: Baack Office solution providees a seamless automatic management / interface point for thhe systems (mmeaning that all updating/ccommunicatioons are perforrmed throughh a single cenntral seerver) but also facilitates the simple queery of the collected data thhrough any LAAN connectedd PC. All data will bee forwarded livve from the rremote camerras to the bacck office serveer. Server willl be prrovided by the awarded prroposer. Syystem shall provide the abbility to continnuously and automatically sscan, capturee, store, displaay, prrocess and interpret imagees of license pplates within range of the equipment without any acction byy the patrol oofficer. This mmeans that thee system shalll continue to operate in thhe backgroundd wwhen the operrator is dealing with any ‘alarm’ or otherr function of tthe system. TThe system shhall caapture and sttore the followwing data for any and all liccense plates scanned: vehhicle license pplate immage (infraredd), interpreteed license platte number, coolor license plate image, coolor overview of thhe identified vvehicle, date sstamp, time sstamp, GPS loocation of vehhicle, type of ooffense or daatabase (if a match or hit occurs againsst one of the target databaases containinng vehicles off innterest), this ddata shall be stored in an eencrypted forrmat. System shall be capablee of reading liicense plates from all cameeras simultanneously. Vendor ee all the neceessary softwarre, equipment and infrastrructure to mo will providnitor vehicle traffic. System shall be capablee of simultaneeously readingg images fromm all camera combination of color and iinfra red cameras. It is envvisaged that aa combinationn of camera tyypes, will be required too capture plattes that are nnot visible to IIR cameras thhrough oxidattion, plate covvers or criminall counter-meaasures. System shall have the aability to accuurately read Florida license plates from aa mounted position off 36+ feet offfthe centerlinne of the targeet lane with aan overall read angle rangee in excess of 665 feet. System shall provide abbility to processs or match tthe captured llicense plate nnumbers against a variety of ttarget databaases containinng vehicles of interest (i.e. stolen, wanteed, amber aleerts, terrorist, suspicious, general broadcaast, sex offen der, etc). System shall provide the ability to booth audibly annd visually aleert the dispatcch center andd the patrol officcer(s) when aa particular type of match oor hit occurs vvia interface wwith the curreent standard ccomputer in thhe patrol vehicle. Provide aadditional datta and an oveerall context oof the scanned veehicles ratherr than just thee license platee, enabling quuick recognition of the mattched vehicle by an officer as well as additional data forr further analyysis at a laterr time. /źƷǤƚŅ{ǒƓƓǤLƭƭƌĻƭ.Ļğĭŷ΋wwĻƨǒĻƭƷŅƚƩtƩƩƚƦƚƭğƌbƚ͵ЊЋЉВЉЊЊА System shall interpret aand report only one licensee per scannedd plate. Systemms that provide multiple reesponses for eeach read, to try and achieeve a suitablee level of accuuracy, will nott be consideredd. System shall have the aability to process or uploadd additional reemote databaases not storeed on the on-boaard unit, suchh as daily updaates due to aamber alerts, tterrorist alertts, general broadcast, newly stolenn, or other crittical or spontaaneous vehicles of interestt. System shall provide the capability too setup multiple layers of ssecurity and cconfigurationso e. certain covvert operationns databases)) may alert onnly those officcers that certain matches (i. with approopriate privilegges. System shall provide the ability to load, from exteernal sources,, and store multiple large g liccense plates oof vehicles of interest. Thiss loading proccess shall be databases containin accomplishhed within a rreasonably shhort period of time since soome of the daatabases mayy be loaded daily into the sysstem. System shall provide the capability too capture, stoore, display and interpret tthe required images froom the equipmment either trraveling at noormal or highspeeds. System shall provide caapability to neetwork to the current patrool vehicles so that patrol vehicles shhall be able too access the AALPR system via a vendor provided webb server. System shall provide the capability too conduct maanual searchees against recoorded data, gtthe ability to ssearch for parrtial plates. includin System shall include availability to obbtain a five (55) year mainttenance agreeement on all hardware,software, and software uppgrades. all be ruggedized accordinng to generallyy accepted sttandards for eelectronic System sh equipmentt used for extterior fixed loccations (i.e. aable to operatte in expectedd Florida temperatures to includee heat, moistuure, salt sprayy and hurricane winds) witthout loss of ddata or functionnality. System shall provide caapability to intterface, downnload, upload,, and communicate with g coomputers. existin HHOT LISTS Thhe crime dataabases includee but not limiited to; local, State (Floridaa Crime Innformation Ceenter), and naational (Natioonal Crime Infformation Cennter) each prooviding updatted innformation in the form of ““Hot Lists”. System shall using advaanced cameraa, recognition, and databasse technologyy, automatically capture immages of vehiccle license plaate numbers aand instantly check those nnumbers agaiinst a variety of vvehicle “hot ffiles” held in tthe systems ddatabases. /źƷǤƚŅ{ǒƓƓǤLƭƭƌĻƭ.Ļğĭŷ΋wwĻƨǒĻƭƷŅƚƩtƩƩƚƦƚƭğƌbƚ͵ЊЋЉВЉЊЊБ Files shall be customizaable to includee but not limitted to: wanteed subjects,wwanted vehiclees, daily updattes due to ammber alerts, teerrorist alerts,general broaadcast, newlyy stolen, or otther critical or sspontaneous‘‘vehicles of innterest’. The systemm must be abble to include and update loocal Hot files of license plaates generated, housed, annd maintainedd by the Policce Departmennt to supplemeent FCIC/NCIC Hot files. Alarms shaall be triggereed when a “hit” (match) is detected on any given dattabase giving the ALPR systeem operator tthe opportunity to take immmediate actioon. Describe inn detail the stteps required for obtainingg a file from NNCIC/FCIC. Describe inn detail how tthe Police Deppartments cusstom hot filess are integrateed with the FCIC/NCICC Hot files, effficiently. END OF SSECTON /źƷǤƚŅ{ǒƓƓǤLƭƭƌĻƭ.Ļğĭŷ΋wwĻƨǒĻƭƷŅƚƩtƩƩƚƦƚƭğƌbƚ͵ЊЋЉВЉЊЊВ Section44 Evvaluation Prrocess 4.1REVIEEW OF PROPPOSALS FORR RESPONSIIVENESS Eachproposal willl be revieweed to determmine if the proposal is responsive too the submisssion requiremments outlineed in the soliccitation. A reesponsive proposal is one which followss the requiremments of this solicitation that includes all documentation, is submmitted in the format outlinned in this solicitation, is off timely submmission, and hhas the appropriate gnatuures as requhh document. Failure to coomply with thhese requiremments siired on eac may reesult in the pproposal beingg deemed noon-responsivee. The contracct will be awwarded to thee lowest respponsible and responsive proposer whhose proposaal best servees the interesst of and reppresents the bbest value to the City in cconformity wiith section 622-8 of the Citty code. 4.2QUALLIFICATIONSS Propossals shall incluude the followwing: Technnical Qualificaations 1.PProposer’s releevant experieence, qualificaations and past performance. 2.RRelevant expeerience and qualifications oof key personnel. 3.PProposers appproach methhodology to providing thhe services requested inn this ssolicitation. 4.PProposed soluution functionnality, implemmentation, othher objectivess and requiremments aas stated Price 5.PProposer’s price to the Cityy. 4.2.1 ADDITIONAAL INFORMATTION In order too be considereed, Proposerss shall providde sufficient innformation ass part of their prooposal submisssion (submisssion shall noot be limited to the informmation below). All requested doocumentationn and/or inforrmation shall be provided in the Proposal. PProposers failing to provide sufficient documentattion detailingtheir qualificationns, experiencce, and extennt and implicaations of prooposal shall nnot be considered.. /źƷǤƚŅ{ǒƓƓǤLƭƭƌĻƭ.Ļğĭŷ΋wwĻƨǒĻƭƷŅƚƩtƩƩƚƦƚƭğƌbƚ͵ЊЋЉВЉЊЋЉ 4.3Negottiations The Ciity may awardd a contract oon the basis oof initial offerrs received, wwithout discussions. Thereffore, each iniitial offer shoould contain tthe Proposer’s best termss from a monnetary and teechnical standdpoint. Notwitthstanding thgoing,if the City annd said Propooser(s) cannott reach agreeement e fore on a ccontract, the CCity reserves the right to terminate neegotiations annd may, at the City Managger’s or his designee’sdiscretion, bbegin negotiiations with the next loowest responnsible and rresponsive proposer. This process mmay continuee until a coontact accepttable to the CCity has been executed or all proposals are rejected.. No Proposerr shall haveaany rights agaainst the City arising from such negotiattions or termiination thereoof. rroposer recommmended for gotiations may be requiired to providde to the City:: Any Pne a)Itss most recentt certified business financcial statementts as of a datte not earlierr than thee end of theppreceding offficial tax accoounting periodd, together wwith a Proposer’s staatement in wwriting, signed by a duly authorizedrrepresentativee, stating thaat the preesent financiaal condition iss materially thhe same as thhat shown onn the balance sheet annd income staatement submmitted, or witth an explanaation for mateerial changeiin the finnancial condittion. A copy of the most recent businness income tax return wwill be acccepted if certtified financial statements are unavailabble. b)Infformation cooncerning any prior or ppending litigaation, either civil or crimminal, invvolving a govvernmental aggency or whicch may affectt the performaance of servicces to bee rendered heerein, in whichh the Proposeer, any of its employees oor subcontracttors is orhas been invvolved within the last threee years. END OF SSECTON /źƷǤƚŅ{ǒƓƓǤLƭƭƌĻƭ.Ļğĭŷ΋wwĻƨǒĻƭƷŅƚƩtƩƩƚƦƚƭğƌbƚ͵ЊЋЉВЉЊЋЊ Section55 PProposal Forrmat 5.0 FOORMAT Prroposers musst submit (1)) original andd four (4) coopies of the PProposal. Thee original Prooposal mmust contain aan original siggnature. Be ssure that the individual siggning the Propposal is authoorized too commit the Proposer's oorganizationtto the Propossal as submittted. Each pagge of the Prooposal shhould state thhe name of thhe Proposer, tthe RFP numbber, and the ppage number. The City resserves thhe right to reequest additioonal data or material to ssupport Propoosals. All matterial submittted in reesponse to the RFP will beccome the prooperty of the CCity. LAABEL EACH SECTION ASS NUMBEREED Tmmust be in thee following foormat. he proposal 1. Compaany Information ee to this Propoosers must prrovide the following: In responsosal, all Prop Name of Aggency/Compaany (including any "DoingBBusiness As" names) CompanyLLocations Internet Weeb Site Addreess (if any) Details of EEntity Businesss Structure (CCorporation, PPartnership, LLLC) Date Foundded Home officee address andd telephone nnumber, and llocal address and phone number List of any outstanding litigation that would threatten the viabilitty of the firm or the performmance of this contract Proof of inssurance Indicationoof how long itt would take tto implementt service afterr authorized too begin 2. Qualifications Proposser’s relevant experience, qqualificationsand past perrformance tion of why thhe Proposer is the best qufform the conttract An explanaalified to per and demonnstrate its quaalifications inccluding an itemm-by-item dissclosure outlinning how the firmm meets or eexceeds the reequirements oof this RFP. A schedule of proposed services. Thee schedule shoould include tthe Proposer'ss understandding of the isssues and taskss of the projeect at hand. Overall finaancial rating,oorganizationaal experience in benefits coonsulting fieldd nng 3. Staffi Relevaant experiencce and qualiffications of key personneel, includingkey personnnel of subconntractors, thaat will be assigned to this project and eexperience annd qualificatioons of subconntractors •The size annd experiencee of the comppany staff pool from whichh staff assignned to the manageement contract can be draawn. /źƷǤƚŅ{ǒƓƓǤLƭƭƌĻƭ.Ļğĭŷ΋wwĻƨǒĻƭƷŅƚƩtƩƩƚƦƚƭğƌbƚ͵ЊЋЉВЉЊЋЋ The compoosition of the sstaff team shoould include. The names of the emplooyees in the aarea responsibble for this coontract Their functiion in the commpany. The name oof the person who will be rresponsible foor the coordinnation of workk. Experience and qualificaations of staff and satisfacttory record off performancee of staff 4. Approaach / Methodology Propossers approachh methodologgy to providingg the servicess requested inn this solicitattion Suitabilityoof the methoddologies and aapproachesuused in achievving tasks Overall organization to ccompleting the project Ability to mmeet desired timelines and deadlines Function/Feeatures: Suchh as GPS, bactto verification k office, pho and Fixed platform caameras capabbilities Local Adapttations: Such as system caapability to inccorporate local “Hot” files generated, housed and maintained byy the departmment into ALPPR system functions ppport: Such aas training, maintenance, pproduct upgraades, warrantties, Product Su etc. 5o . Cost f Services Eachffirm shall submmit in their prrice proposal and any pricing conditionss or contingenncies mustbbe clearly statted. 6. Refereences EachPProposer mustt submit a listt of three (3) references of Current andd Past Custommers of whicch they have provided servvices similar iin scope and size of those described heerein. eence must bee supplied on rrhead Each ReferClients Lette Each Refereence letter must me signedd with contacct person and phone numbber. TheCCity retains tthe right to request anyy additional information pertaining too the Proposser's ability, qqualifications,, and proceduures used to accomplishaall work undeer the contract as it deems necessary tto ensure safee and satisfacctory work. 7.Contraact Forms All commpleted contrract forms OF SECTIONN END /źƷǤƚŅ{ǒƓƓǤLƭƭƌĻƭ.Ļğĭŷ΋wwĻƨǒĻƭƷŅƚƩtƩƩƚƦƚƭğƌbƚ͵ЊЋЉВЉЊЋЌ City of Suunny Isles Beeach SEECTION 6 OPENING:: 10:00 A.MM. City Clerkk BID SUBBMITTAL FOORMS 009/20/20112 18070 Coollins Avenue Sunny Issles Beach, FLL 33160 PLEASEQQUOTE PRICEES F.O.B. DESSTINATION, LLESS TAXES, DELIVERED IIN CITYY OF SUNNY IISLES BEACH , FLORIDA NOTE: Citty of Sunny Issles Beach is exempt from all taxes (Fedderal, State, aand Local). Bid price shoulld be less all taxxes. Tax Exemmption Certificate furnished upon requeest. Issuedbby: Purrchasing AgenntDate Issueed:TThis Bid Submmittal Consistss of 09/06/20112PPages24 throough27 dds are subjecct to the Termms and Conditions of this Request for PProposal and the accompaanying Sealed bi Bid Submittal. Such otther contract provisions, sspecifications,, drawings orr other data aas are attachhed or incorporatted by refereence in the BBid Submittal, will be receeived at the office of thee City Clerk aat the addresssshown abovee until the above stated time and daate, and at tthat time, puublicly openeed for furnishingg the suppliesddescribed in thhe accompanyying Bid Submmittal Requireement. or services RFPP 12-09-01 AUTTOMATED LIICENSE PLAATE RECOGNNITION (ALPPR) SYSTEM ABid Deposit inn the amountt of 5% of thhe total amount of the bid shall accompaany all bids A Perfformance Bonnd in the amoount of 100%% of the total amount of thhe bid will be required upoon execution of the contraact by the succcessful biddeer and City of BBeach Sunny Isles FAILURRE TO SIGN PAGE 27 OFF SECTION 66 BID SUBMMITTAL WILLL RENDER YYOUR BID NOON- REESPONSIVE /źƷǤƚŅ{ǒƓƓǤLƭƭƌĻƭ.Ļğĭŷ΋wwĻƨǒĻƭƷŅƚƩtƩƩƚƦƚƭğƌbƚ͵ЊЋЉВЉЊЋЍ SECTION 6 BID SUUBMITTAL FOOR: ACCKNOWLEDGGEMENT OF ADDENDA INSTRUUCTIONS: COOMPLETE PAART I OR PARRT II, WHICHHEVER APPLLIES PART I: LIST BELLOW ARE THE DATES OFF ISSUE FORR EACH ADDEENDUM RECCEIVED IN COONNECTION WITH THIS BID Addendumm #1, Dated Addendumm #2, Dated Addendumm #3, Dated Addendumm #4, Dated Addendumm #5, Dated Addendumm #6, Dated Addendumm #7, Dated Addendumm #8, Dated PART II: NOO ADDENDUMM WAS RECEEIVED IN COONNECTION WWITH THIS BBID FIRM NAME: AAUTHORIZEDD SIGNATURE:DATE: TITLE OF OOFFICER: /źƷǤƚŅ{ǒƓƓǤLƭƭƌĻƭ.Ļğĭŷ΋wwĻƨǒĻƭƷŅƚƩtƩƩƚƦƚƭğƌbƚ͵ЊЋЉВЉЊЋЎ BID SUBBMITTAL FOORM Bid Title::AUTOMATEED LICENSEE PLATE RECCOGNITION (ALPR) SYSSTEM The undersigned Propoosers proposees and agreess, if this Bid is accepted, tto enter into aan agreement with The City of Sunny Islles Beach annd to performm and furnishh all Work as specified oor indicated i n the ContractDocuments ffor the Contrract Price andd within the Contract Timme indicated in this Bid aand in accordancce with the otther terms annd conditions oof the Contraact Documents. The Propoosers acceptss all of the tterms and coonditions of tthe Advertiseement or Invvitation to Bidd and Instructions to Proposeers, includingg without limiitation those dealing with the dispositioon of Bid Seccurity. This Bid wwill remain ssubject to accceptance for 90 days afteer the day oof Bid openingg. The Propposers agrees to sign and subbmit the Agreeement with the Bonds annd other docuuments requirred by the Biidding Requirements within teen days after the date of thhe City’s Notice of Award. tting this Bid, represents, aas more fully hhe Agreemennt, that: In submitthe Proposerset forth in t The Proposser has familiiarized himseelf/herself with the nature and extent oof the Contract Documents, WWork, site, loccality, and alttions and Laww and l local condi Regulationss that in anyy manner mmay affect coost, progress,, performancce, or furnishingoof the Work. The Propoddied carefullyy all reportss and drawinngs of subsuurface ser has stu conditions aand drawingss of physical cconditions. The Propooser has givven the Cityy written nootice of all conflicts,eerrors, discrepancies that it hass discovered in the Contraact Documennts and the wwritten resolution tthereof by Citty is acceptabble to the Propposer. This Bid issgenuine annd not madde in the intterest of or on behalf oof any undisclosedd person, firmm or corporattion and is noot submitted in conformityy with any agreemment or ruless of any group, associationn, organizatioon, or corporation; the Proposser has not directly or indirectly innduced or soolicited any other Proposersto submit a false or shaam Bid; the Proposer haas not solicited or induced anny person, firrm or corporaation to refraain from Biddding; and Prooposer has not soought by colluusion to obtaain for itself any advantagge over any other Proposersoor over the Ciity. The City aand the successful Proposser will establish completioon times for each individuual Work Itemm and the successful Proposeer agrees thatt the work wiill be completted within thee time framess agreed upon and stipulated in the individdual Purchasee Orders and//or Notice to PProceed. mme: Firm Na /źƷǤƚŅ{ǒƓƓǤLƭƭƌĻƭ.Ļğĭŷ΋wwĻƨǒĻƭƷŅƚƩtƩƩƚƦƚƭğƌbƚ͵ЊЋЉВЉЊЋЏ ____________________________________________________________________________________ Street Adddress: ____________________________________________________________________________________ Mailing Adddress (if diffeerent): ____________________________________________________________________________________ Telephonee No. __________________________________Fax No. ___________________________ Email Adddress: __________________________________FEIN Noo. __/__-__/___/__/__/__/___/__ * Signaturre: _________________________________________________________________________ (Signatuure of authorrized agent)) Print Namme: ___________________________ Title:_____________________________________________ CUTION OFF THIS FORMM CONSTITUUTES THE UNEQUIVOCAAL OFFER OOF PROPOSEER TO THE EXE BE BOUNND BY THE TTERMS OF ITTS PROPOSAAL. FAILUREE TO SIGN TTHIS SOLICIITATION WHHERE INDICATTED ABOVE BY AN AUTTHORIZED RREPRESENTAATIVE SHALLL RENDER THE PROPOOSAL NON-RESSPONSIVE. THE CITYY MAY, HOWWEVER, IN ITS SOLE N, ACCEPT DISCRETIOANY PROPOSAAL THAT INNCLUDES ANN EXECUTEDD DOCUMENTT WHICH UNEQUIVOCAALLY BINDSS THE PROPOSER TO THE TTERMS OF ITS OFFER. /źƷǤƚŅ{ǒƓƓǤLƭƭƌĻƭ.Ļğĭŷ΋wwĻƨǒĻƭƷŅƚƩtƩƩƚƦƚƭğƌbƚ͵ЊЋЉВЉЊЋА AFFIIDAVITTS /źƷǤƚŅ{ǒƓƓǤLƭƭƌĻƭ.Ļğĭŷ΋wwĻƨǒĻƭƷŅƚƩtƩƩƚƦƚƭğƌbƚ͵ЊЋЉВЉЊЋБ NON-COLLUSION AFFIDAVIT City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, FL 33160 Telephone: (305) 947-0606 Fax: (305) 949-3113 STATE OF FLORIDA ) ) COUNTY OF _____________) The undersigned being first duly sworn as provided by law, deposes, and says: This Affidavit is made with the knowledge and intent that it is to be filed with the City of Sunny Isles Beach City Commission and that it will be relied upon by said County, in any consideration which may give to and any action it may take with respect to this Bid. The undersigned is authorized to make this Affidavit on behalf of, _____________________________________________________________ (Name of Corporation, Partnership, Individual, etc.) a, ________________________________, formed under the laws of _____________ (Type of Business) (State) of which he is ________________________________________________. (Sole Owner, Partner, President, etc.) Neither the undersigned nor any person, firm, or corporation named in above Paragraph 10.2, nor anyone else to the knowledge of the undersigned, have themselves solicited or employed anyone else to solicit favorable action for this Bid by the City, also that no head of any department or employee therein, or any officer of the City of Sunny Isles Beach, Florida is directly interested therein. This Bid is genuine and not collusive or a sham; the person, firm or corporation named above in Paragraph 10.2 has not colluded, conspired, connived or agreed directly or indirectly with any proposers or person, firm or corporation, to put in a sham Bid, or that such person, firm or corporation, shall refrain from Bidding, and has not in any manner, directly or indirectly, sought by agreement or collusion, or communication or conference with any person, firm or corporation, to fix the prices of said Bid or Bids of any other proposers; and all statements contained in the Bid or Bids described above true; and further; neither the undersigned, nor the person, firm or corporation named above in Paragraph 10.2, has directly or indirectly submitted said Bid or the contents thereof, or divulged information or data relative thereto, to any association or to any member or agent thereof. ___________________________________ ___________________________________ AFFIANT’S NAME AFFIANT’S TITLE TAKEN, SWORN AND SUBSCRIBED TO BEFORE ME this _____ day of _______________________, 200_. Personally Known ________ or Produced Identification ________; Type of identification ___________________________________ (Affix seal here) ___________________________________ NOTARY PUBLIC (name printed or typed) 1 of 10 D ECEMBER 28,2010 PUBLIC ENTITY CRIMES City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, FL 33160 Telephone: (305) 947-0606 Fax: (305) 949-3113 SWORN STATEMENT PURSUANT TO SECTION 287.133(3)(a) FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES PUBLIC ENTITY CRIMES Pursuant to the provisions of paragraph (2) (a) of Section 287.133, Florida State 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 on a Contract to provide any goods or services to a public entity, may not submit a Bid on a Contract 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 to perform Work as a Contractor, supplier, Sub-Contractor, or Consultant under a Contract with any public entity, and may not transact business with any public entity in excess of the threshold amount Category Two of Sec. 287.017, FS for thirty six months from the date of being placed on the convicted vendor list". THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS. 11.1. This sworn statement is submitted to City of Sunny Isles Beach _____________ by____________________________________________________________________________ \[print individual’s name and title\] for____________________________________________________________________________ \[print name of entity submitting sworn statement\] whose business address is: _______________________________________________________________________________ _______________________________________________________________________________ and (if applicable) its Federal Employer Identification number (FEIN) is_____________________. (If the entity had no FEIN, include the Social Security Number of the individual signing this sworn statement:_________________________________.) 11.2. I understand that a "public entity crime" as defined in Paragraph 287.133(1)(g), Florida Statutes, means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or with the United States, including, but not limited to, any Bid or Contract for goods or services to be provided to any public entity or an agency or political subdivision of any other state of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. 11.3. I understand that "convicted" or "conviction" as defined in Para. 287.133(1)(b), Florida Statutes, means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trail court of record relating to charges brought by indictment or information after July 1, 1989, as a result of a jury verdict, non-jury trial, or entry of a plea of guilty or nolo contendere. 11.4. I understand that an "affiliate" as defined in Para. 287.133(1)(a), Florida Statutes, means: a.) predecessor or successor of a person convicted of a public entity crime; or b.) Any entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term "affiliate" includes those officers, directors, executors, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in another person, or a pooling of equipment or income among persons when not for fair 2 of 10 D ECEMBER 28,2010 market value under an arm's length agreement, shall be a prime facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. 11.5. I understand that a "person" as defined in Para. 287.133(1)(e), Florida Statutes, means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding Contract and which Bids or applies to Bid on Contracts for the provision of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term "persons" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in management of any entity. 11.6. Based on information and belief, the statement which I have marked below is true in relation to the entity submitting this sworn statement. (Indicate which statement applies.) ____ Neither the entity submitting this sworn statement, nor any of it's officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, nor any affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. ____ The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. ____ The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. However, there has been a subsequent proceeding before a Hearing Officer of the State of Florida, Division of Administrative Hearings and the Final Order entered by the Hearing Officer of the State of Florida, Division of Administrative Hearings and the Final Order entered by the Hearing Officer determined that it was not in the public interest to place the entity submitting this sworn statement on the convicted vendor list. (Attach a copy of the final order.) I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH 11.1 (ONE) ABOVE IS FOR THAT PUBLIC ENTITY ONLY AND, THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED. I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017, FLORIDA STATUTES, FOR CATEGORY TWO OF ANY, CHANGE IN THE INFORMATION CONTAINED IN THIS FORM. By: ______________________________________ (Signature) ______________________________________ (Printed Name) ______________________________________ (Title) Sworn to and subscribed before me this ______ day of_______________________, 20_____, by __________________________________________________. (AFFIX NOTARY STAMP HERE) ______________________________________ Signature:Notary Public – State of Florida ______________________________________ Print or Type Commissioned Name Personally Known __________ OR Produced Identification __________ Type of Identification Produced ________________________________ 3 of 10 10/1998 EQUAL OPPORTUNITY / AFFIRMATIVE ACTION City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, FL 33160 Telephone: (305) 947-0606 Fax: (305) 949-3113 EQUAL OPPORTUNITY/AFFIRMATIVE ACTION STATEMENT The contractors and all subcontractors hereby agree to a commitment to the principles and practices of equal opportunity in employment and to comply with the letter and spirit of federal, state, and local laws and regulations prohibiting discrimination based on race, color, religion, national region, sex, age, handicap, marital status, and political affiliation or belief. Signed: ________________________________________ Title: ________________________________________ Firm: ________________________________________ Address: ________________________________________ ________________________________________ 4 of 10 D ECEMBER 28,2010 CONFLICT OF INTEREST City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, FL 33160 Telephone: (305) 947-0606 Fax: (305) 949-3113 CONFLICT OF INTEREST STATEMENT The award of any contract hereunder is subject to the provisions of Chapter 112, Florida State Statutes. Proposers must disclose with their Bids, the name of any officer, director, partner, associate or agent who is also an officer or employee of the City of Sunny Isles Beach or its agencies. STATE OF FLORIDA COUNTY OF ___________________ BEFORE ME, the undersigned authority, personally appeared _____________________________, who was duly sworn, deposes, and states: 18.1. I am the _________________________________________________ of __________________________________with a local office in _____________________________ and principal office in _____________________. 18.2. The above named entity is submitting a Bid for the City of Sunny Isles Beach, Bid No. ______________ described as: Landscape Maintenance Services. The Affiant has made diligent inquiry and provides the information contained in this Affidavit based upon his own knowledge. 18.3 The Affiant states that only one submittal for the above Bid is being submitted and that the above named entity has no financial interest in other entities submitting Bids for the same project. 18.4 Neither the Affiant nor the above named entity has directly or indirectly entered into any agreement, participated in any collusion, or otherwise taken any action in restraints of free competitive pricing in connection with the entity’s submittal for the above Bid. This statement restricts the discussion of pricing data until the completion of negotiations if necessary and execution of the Contract for this project. 18.5 Neither the entity nor its affiliates, nor any one associated with them, is presently suspended or otherwise ineligible from participation in contract letting by any local, State, or Federal Agency. 18.6 Neither the entity, nor its affiliates, nor any one associated with them have any potential conflict of interest due to any other clients, contracts, or property interests for this project. 18.7 I certify that no member of the entity’s ownership or management is presently applying for any employee position or actively seeking an elected position with the City of Sunny Isles Beach. 18.8 I certify that no member of the entity’s ownership or management, or staff has a vested interest in any aspect of the City of Sunny Isles Beach. 18.9 In the event that a conflict of interest is identified in the provision of services, I, on behalf of the above named entity, will immediately notify the City of Sunny Isles Beach. Dated this _________ day of _____________________________________, 2010. _________________________________ _________________________________ AFFIANT Print or Type Name and Title Sworn to and subscribed before me this _____ day of ______________________, 2010. Personally Known ________ OR Produced Identification ________; Type of Identification _________________________ __________________________________ NOTARY PUBLIC STATE OF FLORIDA 5 of 10 D ECEMBER 28,2010 DISPUTE DISCLOSURE City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, FL 33160 Telephone: (305) 947-0606 Fax: (305) 949-3113 DISPUTE DISCLOSURE FORM Answer the following questions by placing a “X” after “Yes” or “No”. If you answer “Yes”, please explain in the space provided, or on a separate sheet attached to this form. 19.1. Has your firm or any of its officers, received a reprimand of any nature or been suspended by the Department of Professional Regulations or any other regulatory agency or professional associations within the last five (5) years? YES __________ NO __________ 19.2. Has your firm, or any member of your firm, been declared in default, terminated or removed from a contract or job related to the services your firm provides in the regular course of business within the last five (5) years? YES __________ NO __________ 19.3. Has your firm had against it or filed any requests for equitable adjustment, contract claims, Bid protests, or litigation in the past five (5) years that is related to the services your firm provides in the regular course of business? YES __________ NO __________ If yes, state the nature of the request for equitable adjustment, contract claim, litigation, or protest, and state a brief description of the case, the outcome or status of the suit and the monetary amounts of extended contract time involved. I hereby certify that all statements made are true and agree and understand that any misstatement or misrepresentation of falsification of facts shall be cause for forfeiture of rights for further consideration of this Bid for the City of Sunny Isles Beach. ________________________________________ ______________________________________ Firm Date ________________________________________ _______________________________________ Authorized Signature Print or Type Name and Title 6 of 10 D ECEMBER 28,2010 ANTI-KICKBACK City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, FL 33160 Telephone: (305) 947-0606 Fax: (305) 949-3113 ANTI-KICKBACK AFFIDAVIT STATE OF FLORIDA ) ) COUNTY OF ___________ ) I, the undersigned, hereby duly sworn and deposed say that no portion of this sum herein Bid will be paid to any employees of the City of Sunny Isles Beach or its elected officials as a commission, kickback, reward or gift, directly or indirectly by me or any member of my firm or by an officer of the corporation. By: ________________________________ Title: ________________________________ The foregoing instrument was acknowledged before me this _____ day of __________________, 20____, by _________________________________________ \[name of person\], as __________________________________ \[type of authority\], for ________________________________ \[name of party on behalf of whom instrument was executed\]. AFFIX NOTARY STAMP HERE: _______________________________ Notary Public – State of Florida ________________________________ Print or Type Commissioned Name Personally Known __________ OR Produced Identification __________ Type of Identification Produced ________________________________ 7 of 10 D ECEMBER 28,2010 BIDBOND City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, FL 33160 Telephone: (305) 947-0606 Fax: (305) 949-3113 STATE OF FLORIDA ) ) COUNTY OF ____________) KNOW ALL MEN BY THESE PRESENTS, that we,_______________________________ as Principal, and _______________________________________________________, as Surety, are held and firmly bound unto the City of Sunny Isles Beach, a municipal corporation of the State of Florida in the sum of _______________________________ Dollars ($ __________), lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that whereas the Principal has submitted the accompanying Bid dated, ______________2010 for: ______________________________________________________________________. WHEREAS, it was a condition precedent to the submission of said Bid that a cashier’s check or Bid Bond in the amount of five percent (5%) of the Base Bid be submitted with said Bid as a guarantee that the Proposers would, if awarded the Contract, enter into a written Contract with the City for the performance of said Contract, within ten (10) consecutive calendar days after written notice having been given of the Award of the Contract. NOW, THEREFORE, the conditions of this obligation are such that if the Principal within ten (10) consecutive calendar days after written notice of such acceptance, enters into a written Contract with the City of Sunny Isles Beach and furnishes the Performance Bond, satisfactory to the City, each in an amount equal to one hundred percent (100%) of the Contract Price, and provides all required Certificates of Insurance, then this obligation shall be void; otherwise the sum herein stated shall be due and payable to the City of Sunny Isles Beach and the Surety herein agrees to pay said sum immediately, upon demand of the City, in good and lawful money of the United States of America, as liquidated damages for failure thereof of said Principal. IN WITNESS WHEREOF, the above bonded parties have executed this instrument under their several seals this_____________day of________________________,20 , the name and the corporate seal of each corporate party being hereto affixed and these presents being duly signed by its undersigned representative. DOCUMENT CONTINUES ON NEXT PAGE IN PRESENCE OF: __________________________________ _________________ Individual or Partnership Principal Affix Corporate Seal _________________________________ Business Address _________________________________ City, State, and Zip Code _________________________________ _______________________________ Business Telephone Business Facsimile ATTEST: ___________________________________ ______________________________ Secretary (Corporate Surety)* By: *Impress Corporate Seal IMPORTANT Surety companies executing bonds must appear on the Treasury Department's most current list (circular 570 as amended) and be authorized to transact business in the State of Florida. 8 of 10 D ECEMBER 28,2010 PERFORMANCE BOND City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, FL 33160 Telephone: (305) 947-0606 Fax: (305) 949-3113 FORM OF PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That, pursuant to the requirements of Florida Statute 255.05, we, ___________________________________________________________, as Principal, hereinafter called Contractor, and ________________________, as Surety, are bound to the City of Sunny Isles Beach, Florida, as Obligee, hereinafter called City, in the amount of ________________________________ Dollars ($ _____________) for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally. WHEREAS, Contractor has by written agreement entered into a Contract, Bid/Contract No.:07-10-04, day of , 20 , with Landscape Services Maintenance in accordance with awarded the contract documents prepared by the City of Sunny Isles Beach, which Contract is by reference made a part hereof, and is hereafter referred to as the Contract; THE CONDITION OF THIS BOND is that if the Contractor: 15.1.Fully performs the Contract between the Contractor and the City for services described within (Bid No. _______________) within calendar days after the date of Contract commencement as specified in the Notice to Proceed and in the manner prescribed in the Contract; and 15.2. Indemnifies and pays City all losses, damages (specifically including, but not limited to, damages for delay and other consequential damages caused by or arising out of the acts, omissions or negligence of Contractor), expenses, costs and attorney's fees including attorney's fees incurred in appellate proceedings, that City sustains because of default by Contractor under the Contract; and 15.3. Upon notification by the City corrects any and all defective or faulty Work or materials which appear within one and one half (1 1/2) years, and: 15.4. Performs the guarantee of all Work and materials furnished under the Contract for the time specified in the Contract, then this Bond is void, otherwise it remains in full force. Whenever Contractor shall be, and declared by City to be, in default under the Contract, the City having performed City’s obligations there under, the Surety may promptly remedy the default, or shall promptly: 15.4.1.Complete the Contract in accordance with its terms and conditions; or 15.4.2.Obtain a Bid or Bids for completing the Contract in accordance with its terms and conditions, and upon determination by Surety of the best, lowest, qualified, responsible and responsive Proposers, or, if the City elects, upon determination by the City, and Surety jointly of the best, lowest, qualified, responsible and responsive Proposers, arrange for a Contract between such Proposers and City, and make available as Work progresses (even though there should be a default or a succession of defaults under the Contract or Contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the Contract Price; but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term "balance of the Contract Price." as used in this paragraph, shall mean the total amount payable by City to Contractor under the Contract and any amendments thereto, less the amount properly paid by City to Contractor. No right of action shall accrue on this Bond to or for the use of any person or corporation other than the City named herein. 9 of 10 D ECEMBER 28,2010 The Surety hereby waives notice of and agrees that any changes in or under the Contract Documents and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect Surety's obligation under this Bond. Signed and sealed this day of , 20 . WITNESS: BY: (Name of Corporation) _________________________ Secretary (Signature) (CORPORATE SEAL) (Type Name and Title Signed Above) IN THE PRESENCE OF; INSURANCE COMPANY: BY: *Agent and Attorney-in-Fact * (Power of Attorney must be attached) (Address) ______________________________ (City/State/Zip Code) ______________________________ (Telephone) STATE OF FLORIDA COUNTY OF _________________________ The foregoing instrument was acknowledged before me this _____ day of __________________, 20____, by _________________________________________________________ \[name of person\], as __________________________________ \[type of authority\], for ________________________________ \[name of party on behalf of whom instrument was executed\]. AFFIX NOTARY STAMP HERE: ______________________________________ Signature:Notary Public – State of Florida ______________________________________ Print or Type Commissioned Name Personally Known __________ OR Produced Identification __________ Type of Identification Produced ________________________________ 10 of 10 10/1998