HomeMy WebLinkAboutReso 2017-2724 RESOLUTION NO. 2017- 2'7ZA
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
SUNNY ISLES BEACH, FLORIDA, AWARDING INVITATION TO
BID NO. 17-08-01 TO AND ENTERING INTO AN AGREEMENT
WITH THE GOODYEAR TIRE & RUBBER CO. FOR FLEET
MAINTENANCE AND REPAIR SERVICES, IN AN AMOUNT NOT
TO EXCEED ONE HUNDRED THOUSAND DOLLARS(S100,000.00),
ATTACHED HERETO AS EXHIBIT "A"; AUTHORIZING THE
MAYOR TO EXECUTE SAID AGREEMENT; AUTHORIZING THE
CITY MANAGER TO DO ALL THINGS NECESSARY TO
EFFECTUATE THIS RESOLUION; PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS,the City of Sunny Isles Beach is desirous of maintaining its considerable fleet of
vehicles; and
WHEREAS,the City advertised and issued Invitation to Bid (ITB)No. 17-08-01 for Fleet
Maintenance and Repair Services, for which one (1) response was received; and
WHEREAS,the City wishes to enter into an agreement with The Goodyear Tire&Rubber
Co.for Fleet Maintenance and Repair Services in conformity with the specifications outlined in ITB
No. 17-08-01; and
WHEREAS, The Goodyear Tire&Rubber Co. is qualified,willing and able to provide the
desired services on the terms and conditions set forth; and
WHEREAS,the City desires to enter into an agreement with The Goodyear Tire&Rubber
Co. to provide said services, in an amount not to exceed One Hundred Thousand Dollars
($100,000.00), attached hereto as Exhibit "A".
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS:
Section 1. Award of Bid and Approval of Agreement. The City Commission hereby awards Bid
No. 17-08-01 to and approves an Agreement with The Goodyear Tire & Rubber Co. for Fleet
Maintenance and Repair Services, in an amount not to exceed One Hundred Thousand Dollars
($100,000.00), attached hereto as Exhibit "A".
Section 2. Authorization of Mayor. The Mayor is hereby authorized to execute said Agreement.
Section 3. Authorization of City Manager. The City Manager is hereby authorized to do all
things necessary to effectuate this Resolution.
R2017 Goodyear Fleet Maintenance and Repair Srvs(Bid 17-08-01) Page 1 of 2
Section 4. Effective Date. This Resolution will become effe ' ,- .pon adoption.
PASSED AND ADOPTED this 21' day s' Septem.er 2017.
George . Scholl, Mayor
ATTES :
I 1 i
1-` � f .
Mauricio Be an Jr, CMC, Acting City Clerk
APPROVED AS TO FORM
AND L . 4 .UFFICIENCY:
,��J
1�M
701 'inot, City Attorney
/ _
Moved by: C toiL U A'rt"O
Seconded by: ecoN1 Vll SSt orre-g- Sve-a i
Vote:
Mayor Scholl `/ (Yes) (No)
Vice Mayor Goldman ✓ (Yes) (No)
Commissioner Aelion ,/ (Yes) (No)
Commissioner Gatto ,/ (Yes) (No)
Commissioner Svechin / (Yes) (No)
R2017 Goodyear Fleet Maintenance and Repair Srvs(Bid 17-08-01) Page 2 of 2
f
'
�'.. AGREEMENT BETWEEN THE CITY OF SUNNY ISLES
BEACH AND THE GOODYEAR TIRE AND RUBBER COMPANY
FOR FLEET MAINTENANCE AND REPAIR SERVICES
CONTRACT NO. C0719-1718-094
•
THIS AGREEMENT, entered into this '2-1V- day of rzwk(t—� 2017, by and
between the CITY OF SUNNY ISLES BEACH (hereinafter referred as to the "City") and THE
GOODYEAR TIRE AND RUBBER COMPANY, (hereinafter referred to as the ("Contractor"),
whose federal tax identification number is 34-0253240.
RECITALS
WHEREAS, the City is in need of a contractor to provide maintenance and repair services
to City owned vehicle and buses ("Services"), as more particularly described in Invitation to Bid
No. 17-08-01;
WHEREAS, the City advertised Invitation to Bid No. 17-08-01 and the Contractor
submitted a bid in response thereto, attached hereto as Attachment "A" and made a part hereof;
WHEREAS, the Contractor is qualified, willing and able to provide the Services on the
terms and conditions set forth herein; and
WHEREAS, the City desires to enter into this Agreement with Contractor to provide the
• Services during the initial one (1) year term in a total amount not to exceed One Hundred Thousand
Dollars ($100,000.00).
NOW THEREFORE, in consideration of the foregoing and for the mutual covenants,
representations and warranties and other good and valuable consideration, the receipt and adequacy
of which is hereby acknowledged, the parties agree as follows:
•
1. RECITALS. The Recitals set forth above are hereby incorporated into this agreement and
made a part hereof for reference.
2. SERVICES. Contractor shall provide the Services pursuant to this Agreement as well as all
terms and conditions set forth in Invitation to Bid No. 17-08-01, which is incorporated herein by
reference, and Contractor's response thereto, which is attached hereto as Attachment "A" and made
a part hereof Additionally, Contractor agrees that tire purchases in connection with this Agreement
shall be made pursuant to Contractor's Participating Addendum with the State of Florida, Contract
No. 25172500-2-WSCA-15-ACS, a copy of which is attached hereto as Attachment "B" and made
a part hereof
3. TERM. Subject to the provisions relating to the termination of this Agreement as set forth
in Section 10 hereunder, the initial one (1) year term of this Agreement shall commence retroactive
to September 18, 2017, and end no later than September 17, 2018.
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C0719-094—THE GOODYEAR TIRE AND RUBBER COMPANY
4. RENEWAL. Prior to, or upon completion of the initial one year term, the City shall have
the option to renew this Agreement for an additional four (4) one year renewal terms.
5. COMPENSATION. As the entire compensation during the initial one (1) year term of this
Agreement, in whatever capacity rendered, the City shall pay Contractor an amount not to exceed
One Hundred Thousand Dollars ($100,000.00) for the performance of the Services. Payment to
Contractor for all charges and tasks under this Agreement shall be in accordance with this
Agreement and the schedule of charges reflected in Attachments "A" and "B" and under the
following conditions:
a. Disbursements. There are no reimbursable expenses associated with this contract.
b. Payment Schedule. Invoices received from the Contractor pursuant to this
Agreement will be reviewed by the initiating City Department. If services have been
rendered in conformity with the Agreement, the invoice will be sent to the Finance
Department for payment. Invoices must reference the contract number assigned
hereto. Invoices will be paid in accordance with the State of Florida Prompt
Payment Act.
c. Availability of Funds. The City's performance and obligation to pay under this
Agreement is contingent upon an annual appropriation for its purpose by the City
Commission. In the event the City Commission fails to appropriate funds for the
particular purpose of this Agreement during any year of the term hereof, then this
Agreement shall be terminated upon ten (10) days written notice and the Contractor
shall be compensated for the Services satisfactorily performed prior to the effective
date of termination.
•
d. Final Invoice. In order for both parties herein to close their books and records, the
Contractor will clearly state "final invoice" on the Contractor's final/last billing to
the City. This certifies that all services have been properly performed and all
charges and costs have been invoiced to the City. Since this account will thereupon
be closed, any other additional charges, if not properly included on this final invoice,
are waived by the Contractor.
Contractor shall make no other charges to the City for supplies, labor, taxes, licenses, permits,
overhead or any other expenses or costs unless any such expense or cost is incurred by Contractor
with the prior written approval of the City. If the City disputes any charges on the invoices, it may
make payment of the uncontested amounts and withhold payment on the contested amounts until
they are resolved by agreement with Contractor. Contractor shall not pledge the City's credit or
make it a guarantor of payment or surety for any contract, debt, obligation, judgment, lien, or any
form of indebtedness. The Contractor further warrants and represents that it has no obligation or
indebtedness that would impair its ability to fulfill the terms of this Agreement.
6. INDEPENDENT CONTRACTOR RELATIONSHIP. The Contractor is an independent
contractor and shall be treated as such for all purposes. Nothing contained in this agreement or any
action of the parties shall be construed to constitute or to render the Contractor an employee,
partner, agent, shareholder, officer or in any other capacity other than as an independent contractor
Page 2 of 9
C0719-094—THE GOODYEAR TIRE AND RUBBER COMPANY
other than those obligations which have been or shall have been undertaken by the City. Contractor
shall be responsible for any and all of its own expenses in performing its duties as contemplated
under this agreement. The City shall not be responsible for any expense incurred by the Contractor.
The City shall have no duty to withhold any Federal income taxes or pay Social Security services
and that such obligations shall be that of the Contractor, other than those set forth in this agreement.
Contractor shall furnish its own transportation, office and other supplies as it determines necessary
in carrying out its duties under this agreement.
7. INSURANCE. Contractor shall, at its sole cost and expense, during the period of any work
being performed under this Agreement, procure and maintain the following minimum insurance
coverages to protect the City and Contractor against all loss, claims, damage and liabilities caused
by Contractor, its agents, contractors or employees, as more particularly set forth below:
(a) General liability insurance with limits of Two Million Dollars
($2,000,000.00) combined single limit occurrence. Coverage must be afforded on a
form no more restrictive than the latest edition of the Comprehensive General
Liability Policy, without restrictive endorsements, as filed by the Insurance Services
Office, and must include:
Premises and/or Operations.
Independent Contractors.
Broad Form Property Damage.
Broad Form Contractual Coverage applicable to this specific Agreement.
Personal Injury Coverage with Employee and Contractual Exclusions
removed with minimum limits of coverage equal to those required for Bodily
Injury Liability and Property Damage Liability.
The City of Sunny Isles Beach is to be named as an additional insured with
respect to liability arising out of operations performed for the City by or on
behalf of Contractor or the acts or omissions of Contractor in connection with
such operation.
(b) Workers' Compensation insurance to apply for all employees in compliance
with the Workers Compensation Law of the State of Florida and all applicable
federal laws.
(c) Business Automobile Liability Insurance with minimum limits of One
Million Dollars ($1,000,000.00) per occurrence combined single limit for Bodily
Injury Liability and Property Damage Liability. Coverage must be afforded on a
form no more restrictive than the latest edition of the Business Automobile Liability
Policy, without restrictive endorsements, as filed by the Insurance Services Office
and must include:
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C0719-094—THE GOODYEAR TIRE AND RUBBER COMPANY
Owned vehicles.
Hired and non-owned vehicles.
Employers' non-ownership.
(d) Garage Liability coverage for Garage Operations with minimum limits of not less
than One Million Dollars ($1,000,000.00) per occurrence. If the insurance includes a
general aggregate limit, that limit shall apply separately to this Agreement or shall be at
least three times the required per occurrence limit.
(e) Garage keeper's Legal Liability with minimum limits of not less than One Million
Dollars ($1,000,000.00) per occurrence. If the insurance includes a general aggregate limit,
that limit shall apply separately to this Agreement or shall be at least three times the
required per occurrence limit.
Such policies of insurance shall not diminish Contractors indemnification obligations hereunder.
The insurance policy shall be issued by such company, in such forms and with such limits of
liability and deductibles as are acceptable to the City and shall be endorsed to be primary over any
insurance, which the City may maintain. Before any work under this Agreement is performed, and
at any time upon request, Contractor shall furnish to the City certificates of insurance evidencing
the minimum required coverage and appropriately endorsed for contractual liability with the City
named as an additional insured. All policies shall contain a waiver of subrogation endorsement.
All policies and certificates shall be in forms and issued by insurance companies acceptable to the
City Manager or his designee. All insurance policies and certificates of insurance shall provide that
the policies may not be canceled or altered without thirty (30) calendar day's prior written notice to
the City Manager or his designee.
8. OWNERSHIP OF DOCUMENTS AND EQUIPMENT. All documents prepared by the
Contractor pursuant to this agreement and related services to this agreement are intended and
represented for the ownership of the City only. Any other use by Contractor or other parties needs
to be approved in writing by the City in order to be properly authorized.
9. INDEMNIFICATION. Contractor agrees to indemnify and hold harmless, the City, its
officers, agents, employees from, and against any and all claims, actions, liabilities, losses and
expenses including, but not limited to, attorney's fees for personal, economic or bodily injury,
wrongful death, loss of or damage to property, at law or in equity, which may arise or may be
alleged to have risen from the negligent acts, errors, omissions or other wrongful conduct of the
Contractor, agents or other personal entity acting under Contractor's control in connection with the
Contractor's performance of services pursuant to that agreement and to that extent the Contractor
shall pay such claims and losses and shall pay all such costs and judgments which may issue from
any lawsuit arising from such claims and losses including wrongful termination or allegations of
discrimination or harassment, and shall pay all costs and attorneys' fees expended by the City in
defense of such claims and losses including appeals. The parties agree that ten percent (10%) of the
total compensation is a specific consideration from the City to the Contractor for this indemnity.
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C0719-094—THE GOODYEAR TIRE AND RUBBER COMPANY
10. TERMINATION.
A. If, through any cause within the reasonable control the Contractor shall fail to fulfill
in a timely manner or otherwise violate any of the covenants, agreements or stipulations material to
this agreement, the City shall have the right to terminate the services then remaining to be
performed. Prior to the exercise of its option to terminate for cause, the City shall notify the
Contractor of its violation of the particular terms of the agreement and grant Contractor ten (10)
days to cure such default. If the default remains uncured after ten (10) days the City may terminate
this agreement
(i.) In the event of termination, all finished and unfinished documents, data and other
work product prepared by Contractor (and sub Contractor(s)) shall be delivered to
the City and the City shall compensate the Contractor for all services satisfactorily
performed prior to the date of termination, as provided in Paragraph 5 herein.
(ii.) Notwithstanding the foregoing, the Contractor shall not be relieved of liability to the
City for damages sustained by it by virtue of a breach of the agreement by Contractor
and the City may reasonably withhold payments to Contractor for the purposes of
set-off until such time as the exact amount of damages due the City from the
Contractor is determined.
B. Termination for Convenience of City. The City may, for its convenience and
without cause terminate the services then remaining to be performed at any time by given written
notice which shall become effective ten (10) days following receipt by Contractor. The terms of
Paragraphs A(i) and (ii) above shall be applicable hereunder.
C. Termination for Insolvency. The City also reserves the right to terminate the
remaining Services to be performed in the event the Contractor is placed either in voluntary or
involuntary bankruptcy or makes any assignment for the benefit of creditors.
11. ASSIGNMENTS, TRANSFERS, SUBCONTRACTING. The Contractor shall not
subcontract, assign or transfer any work under this agreement with the prior written consent of the
City. Should the Contractor subcontract any services under this agreement, it shall be done with
continued liability for the Contractor. The Contractor shall remain responsible for services,
responsibilities and liabilities of any person or entity acting under Contractor.
12. WAIVER OF RIGHT TO JURY TRIAL. Each of the parties hereto hereby knowingly,
voluntarily and intentionally, waive the right which any may have to a jury trial in respect of any
action, proceeding, litigation or counterclaim based hereon or arising out of', under, on or in
connection with this agreement or any course of conduct, course of dealing, statements (whether
verbal or written) or actions of either of party.
13. GOVERNING LAW, VENUE, AND ATTORNEYS FEES. It is agreed that this
Agreement shall be governed by, construed and enforced in accordance with the laws of the State of
Florida. Venue for any legal proceeding shall be in Miami Dade County, Florida. In the event it
becomes necessary for the City to file a lawsuit to enforce any term or provision under this
Page 5 of 9
C0719-094—THE GOODYEAR TIRE AND RUBBER COMPANY
Agreement and the City is the prevailing party then the City shall be entitled to its costs and
attorney's fees at the pretrial, trial and appellate levels.
14. PUBLIC RECORDS. The Contractor shall be required to comply with the following
requirements under Florida's Public Records Law:
(i.) Contractor shall keep and maintain public records required by the City to perform the
service.
(ii.) Upon request from the City, Contractor shall provide the City with a copy of the
requested records or allow the records to be inspected or copied within a reasonable time at a cost
that does not exceed the cost provided by Chapter 119, Florida Statutes, or as otherwise provided by
law.
(iii.) Contractor shall ensure that public records that are exempt or confidential and exempt
from public records disclosure requirements are not disclosed except as authorized by law for the
duration of the contract term and following completion of the contract if the Contractor does not
transfer the records to the City.
(iv.) Contractor shall, upon completion of the contract, transfer, at no cost, to the City all
public records in possession of the Contractor or keep and maintain public records required by the
City to perform the service. If the Contractor transfers all public records to the City upon
completion of the contract, the Contractor shall destroy any duplicate public records that are exempt
or confidential and exempt from public records disclosure requirements. If the Contractor keeps and
maintains public records upon completion of the contract, the Contractor shall meet all applicable
requirements for retaining public records. All records stored electronically must be provided by
Contractor to the City, upon request from the City, in a format that is compatible with the
information technology systems of the City.
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO
THIS CONTRACT, CONTACT THE CITY'S CUSTODIAN OF PUBLIC
RECORDS AT (305) 792-1703, CityClerk@sibfl.net, 18070 Collins Avenue, 4th
Floor, Sunny Isles Beach, Florida 33160.
15. CONFIDENTIAL INFORMATION. The Contractor shall not, either during the term of
this Agreement or any time for a period of TEN (10) years subsequent to that date upon which the
Contractor shall leave the employment of the City for any reason whatsoever, disclose to any
person or entity, other than in the discharge of the duties of the Contractor under this Agreement,
any information which the City designates in writing as "confidential." As a violation by the
Contractor of the provisions of this Section could cause irreparable injury to the City and there is no
adequate remedy at law for such violation, the City shall have the right, in addition to any other
remedies available to it at law or in equity, to enjoin the Contractor in a court of equity for violating
such provisions.
16. NOTICES. All notices and other communications required or permitted to be given
under this Agreement by either party to the other shall be in writing and shall be sent (except as
otherwise provided herein) (i) by certified or registered mail, first class postage prepaid, return
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C0719-094—THE GOODYEAR TIRE AND RUBBER COMPANY
receipt requested, (ii) by guaranteed overnight delivery by a nationally recognized courier service,
or (iii) by facsimile with confirmation receipt (with a copy simultaneously sent by certified or
registered mail, first class postage prepaid, return receipt requested or by overnight delivery by
traditionally recognized courier service), addressed to such party as follows:
If to the City: Chief Fred A. Mass With a copy to:
Acting City Manager Hans Ottinot
City of Sunny Isles Beach City Attorney
18070 Collins Avenue City of Sunny Isles Beach
Fourth Floor 18070 Collins Avenue
Sunny Isles Beach, Florida 33160 Fourth Floor
Tel: (305) 792-1701 Sunny Isles Beach, Florida
33160
Tel: (305) 792-1702
If to the Contractor: Allan Alcerro, Store Manager
The Goodyear Tire and Rubber
Company
12850 W. Dixie Highway
North Miami Beach, FL 33161
17. COMPLIANCE. The Contractor shall comply with all applicable laws, ordinances, and
codes of Federal, State, and local governments.
18. FEDERAL AND STATE MANUFACTURING AND SAFETY STANDARDS. It
is intended that the Contractor be in in full and complete compliance with all Federal and Florida
State laws and regulations that apply to tires and other related services. This includes, but not
limited to, U.S. Department of Transportation, FDOT, NHTSA, Federal MVSS, OSHA and EPA
standards. The Contractor shall notify the City in writing of items and procedures not in compliance
with such standards and shall immediately make correction thereof to comply.
19. AUDIT. The Contractor shall make available to the City or its representative all required
financial records associated with the Agreement for a period of THREE (3) years.
20. NON-DISCRIMINATION. The Contractor agrees to comply with all local and state civil
rights ordinances and with Title VI of the Civil Rights Act of 1984 as amended, Title VIII of the
Civil Rights Act of 1968 as amended, Title 1 of the Housing and Community Development Act of
1974 as amended, Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities
Act of 1990, the Age Discrimination Act of 1975, Executive Order 11063, and with Executive
Order 11248 as amended by Executive Orders 11375 and 12086.
The Contractor will not discriminate against any employee or applicant for employment because of
race, color, creed, religion, ancestry, national origin, sex, disability or other handicap, age,
marital/familial status, or status with regard to public assistance. The Contractor will take
affirmative action to insure that all employment practices are free from such discrimination. Such
employment practices include but are not limited to the following: hiring, upgrading, demotion,
transfer, recruitment or recruitment advertising, layoff, termination, rates of pay or other forms of
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C0719-094—THE GOODYEAR TIRE AND RUBBER COMPANY
compensation, and selection for training, including apprenticeship. The Contractor agrees to post in
conspicuous places, available to employees and applicants for employment, notices to be provided
by the City setting forth the provisions of this non-discrimination clause.
The Contractor agrees to comply with any Federal regulations issued pursuant to compliance with
Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 708), which prohibits discrimination
against the handicapped in any Federally assisted program.
21. CONFLICT OF INTEREST. The Contractor agrees to adhere to and be governed by the
Miami-Dade County Conflict of Interest Ordinance Section 2-11.1, as amended; and by the City of
Sunny Isles Beach Ordinance No. 99-82, which are incorporated by reference herein as if fully set
forth herein, in connection with the Agreement conditions hereunder. The Contractor covenants
that it presently has no interest and shall not acquire any interest, direct or indirectly which should
conflict in any manner or degree with the performance of the services. The Contractor further
covenants that in the performance of this agreement, no person having any such interest shall
knowingly be employed by the Contractor. No member of, or delegate to the Congress of the
United States shall be admitted to any share or part of this agreement or to any benefits arising
therefrom.
22. ENTIRE AGREEMENT. This Agreement, together with all terms and conditions
contained in Fleet Maintenance and Repair Services, Invitation to Bid No. 17-08-01, as well as
Attachments "A" and "B", contain the entire agreement of the parties, and may be amended,
waived, changed, modified, extended or rescinded only by a writing signed by the party against
whom any such amendment, waiver, change, modification, extension and/or rescission is sought.
23. MISCELLANEOUS.
A. In the event any provision of this Agreement is found to be void and/or
unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement
shall nevertheless be binding upon the parties with the same effect as though the void or
unenforceable provisions had been severed and deleted.
B. This Agreement may be executed in multiple identical counterparts, each of which
shall be deemed an original for all purposes.
C. No waiver of any provision of this Agreement shall be valid or enforceable unless
such waiver is in writing and signed by the party granting such waiver.
D. Each individual executing this Agreement on behalf of a party hereto hereby
represents and warrants that he or she is, on the date he or she signs this Agreement, duly
authorized by all necessary and appropriate action to execute this Agreement on behalf of such
party and does so with full legal authority to bind their respective party to this Agreement.
E. The terms and conditions in this Agreement shall supersede and take priority over
any inconsistent or conflicting provisions that are contained in any other document or attachment,
including but not limited to Attachments "A" or "B", attached hereto and incorporated herein by
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C0719-094—THE GOODYEAR TIRE AND RUBBER COMPANY
reference, or any other document or attachment not specifically' attached hereto or otherwise
referenced in this Agreement.
IN WITNESS WHEREOF, the parties;hereto have executed this Agreement in duplicate on the
• day and year first written above..
WITNESS: THE GOODYEAR TIRE AND
RUBBER COMPANY
•
Signature014P7.,
BY: — o
-
• Print Name Allan Aerrro, Store Manager
ATTEST- CITY 0 SLES BEACH
144: ,'�A
BY: �����i►r' BY:
Maurit'o Bc tancur CMC George , .Scholl,Mayor
Acting City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
BY' 00//f��el
Or;0 Ci Attorney
j
Page 9 of 9
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C0719-094—THE GOODYEAR TIRE AND;RUBBER COMPANY
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Invitation to Bid SEP - 5 2���1�j�7;1,9,("'1
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City of Sunny Isles Beach
Office of the City Clerk
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Fleet Maintenance & Repair Services
Invitation to Bid No. 17-08-01
Advertisement Date: Friday, August 11, 2017
Mandatory Pre-Bid Conference: Wednesday, August 23, 2017 at 10:00 AM
All Questions Due: Friday, August 25, 2017 by 5:00 PM
Submission due date: Tuesday, September 5, 2017 at 2:30 PM
Submit to: Sunny Isles Beach Government Center
18070 Collins Avenue,4th Floor
Sunny Isles Beach, Florida 33160
City of Sunny Isles Beach I Invitation to Bid No. 17-08-01 .1
EXHIBIT "A"
ti ,- -!*1-1'---:- .' CITY OF SUNNY:ISLES BEACH
c i ..- • . , • t 1807.0 Collins Avenue
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DELIVER TO: INVITATION TO BID
City of Sunny Isles Beach SECTION 5 OPENING:. 10:00 A.M.
City Clerk BID SUBMITTAL FORMS 09/5/2017
18070 Collins Avenue
Sunny Isles Beach, FL 33160
PLEASE QUOTE PRICES F.O.B. DESTINATION, LESS TAXES, DELIVERED IN
CITY OF SUNNY ISLES BEACH, FLORIDA
NOTE: City of Sunny Isles Beach is exempt from all taxes (Federal, State, and Local). Bid price should be
less all taxes. Tax Exemption Certificate furnished upon request.
Issued by: Purchasing Agent Date Issued: This Bid Submittal Consists of
08/11/2017 Pages 28 through 38
Sealed bids are subject to the Terms and Conditions of this Invitation to Bid and the accompanying Bid
Submittal. Such other contract provisions, specifications, drawings or other data as are attached or
incorporated by reference in the Bid Submittal, will be received at the office of the City Clerk at the
address shown above until the above stated time and date, and at that time, publicly opened for
furnishing the supplies or services described in the accompanying Bid Submittal Requirement.
ITB 17-08-01
Fleet Maintenance& Repair Services
A Bid Deposit in the amount of%of the total amount of the bid shall accompany all bids
A Performance Bond in the amount of 00/0 of the total amount of the bid will be required upon execution
of the contract by the successful bidder and City of Sunny Isles Beach
ProcurementAaent: Firm Name:
Genesis Cuevas
The Goodyear Tire& Rubber company
Commodity Coders):
RETURN ONE ORIGINAL AND FOUR COPIES OF BID SUBMITTAL PAGES AND AFFIDAVITS
FAILURE TO SIGN PAGE 28 OF SECTION 5 BID SUBMITTAL WILL RENDER YOUR BID NON-
RESPONSIVE
City of Sunny Isles Beach I Invitation to Bid No. 17-08-01 26 .
CITY:OFUNNYIS1.ES BEACH
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BID SUBMITTAL FORM
Bid Title: Fleet Maintenance& Repair Services
The undersigned Proposers propose and agree, if this Bid is accepted, to enter into an agreement with
The City of Sunny Isles Beach in the form included in the Contract Documents to perform and furnish all
Work as specified or indicated in the Contract Documents for the Contract Price and within the Contract
Time indicated in this Bid and in accordance with the other terms and conditions of the Contract
Documents.
The Proposers accept all of the terms and conditions of the Advertisement or Invitation to Bid and
Instructions to Proposers, including without limitation those dealing with the disposition of Bid Security.
This Bid will remain subject to acceptance for 90 days after the day of Bid opening. The Proposers agree
to sign and submit the Agreement with the Bonds and other documents required by the Bidding
Requirements within ten days after the date of the City's Notice of Award.
In submitting this Bid, the Proposers represent, as more fully set forth in the Agreement, that:
• The Proposers have familiarized themselves with the nature and extent of the
Contract Documents, Work, site, locality, and all local conditions and Law and
Regulations that in any manner may affect cost, progress, performance, or
furnishing of the Work.
• The Proposers have given the City written notice of all conflicts, errors,
discrepancies that it has discovered in the Contract Documents and the written
resolution thereof by City is acceptable to the Proposers.
• This Bid is genuine and not made in the interest of or on behalf of any
undisclosed person, firm or corporation and is not submitted in conformity with
any agreement or rules of any group, association, organization, or corporation;
the Proposers have not directly or indirectly induced or solicited any other
Proposers to submit a false or sham Bid; the Proposers have not solicited or
induced any person, firm or corporation to refrain from Bidding; and the
Proposers have not sought by collusion to obtain for itself any advantage over
any other Proposers or over the City.
The Proposers understand and agree that the Bid is for unit prices to furnish and install individual Work
Items for maintenance and/or repair work, complete in place. Estimates are provided for the purposes of
Bid Evaluation and to establish unit prices for individual Work Items for maintenance and/or repair work
to be contracted by the City under individual Purchase Orders, based on the unit prices established under
this Bid.
The City and the successful Proposers will establish completion times for each individual Work Item and
the successful Proposers agree that the work will be completed within the time frames agreed upon and
stipulated in the individual Purchase Orders and/or Notice to Proceed.
City of Sunny Isles Beach I Invitation to Bid No. 17-08-01 27 .
�, r�1 - CITY OF�SUNNY ISLES BEACH
= 007.O 01i6s Avenue: • c
'Sunny Isles.Beach flondo 33)b0`
i� x305:947.:0606 °�' f
vwvir sibU nef _ �.� 'Z?
__.._ro--•' '�
rl�
i•'rtaoO S4.
O
CFry OF SUS P�
Firm Name:
The Goodyear Tire & Rubber Company
Street Address:
12850 West Dixie Hwy ,North Miami, Fl, 33161
Mailing Address(if different):
Telephone No. 305-891-4648 Fax No. 305-847-2471
Email Address: gsr2556@goodyear.com FEIN No. J 4.0 / 2/jj 2,/4/
*"By signing this document the bidder agrees to all Terms
Signature:
(Signatur- !r •razed agent)
Print Name: Allan E Alcerro
Title: Store Manager
THE EXECUTION OF THIS FORM CONSTITUTES THE UNEQUIVOCAL OFFER OF PROPOSER TO
BE BOUND BY THE TERMS OF ITS PROPOSAL. FAILURE TO SIGN THIS SOLICITATION WHERE
INDICATED ABOVE BY AN AUTHORIZED REPRESENTATIVE SHALL RENDER THE PROPOSAL
NON-RESPONSIVE. THE CITY MAY, HOWEVER, IN ITS SOLE DISCRETION, ACCEPT ANY
PROPOSAL THAT INCLUDES AN EXECUTED DOCUMENT WHICH UNEQUIVOCALLY BINDS THE
PROPOSER TO THE TERMS OF ITS OFFER.
•
City of Sunny Isles Beach 'Invitation to Bid No. 17-08-01 28. ;
•
ffY:OF SUNNY ISLES`.BEACH =
'18 7.0 Collins Avenue:
- � O. I..-.
µNY,
-�'nn 'I sBea`ht.:F � 3 .60� s
n - . c: '305:947:0606- . . . .. of
0
fC'•,OFSUO'
SECTION 6
MANAGEMENT INFORMATION
Proposers and their subcontractor must have prior successful experience performing
maintenance and repair services on automobiles, trucks and other vehicles, must be
licensed to conduct business in the State of Florida, and must possess all permits,
licenses, certifications, approvals, equipment, materials, and staff necessary to perform
and/or carry out the requirements of the contract. Please supply the information requested
below. Attach additional sheets, if necessary, to provide required information.
Company Name: The Goodyear Tire & Rubber Company
Address: 12850 West Dixie Hwy, North Miami , FL, 33161
Primary Contact: Allan Alcerro
Email: gsr2556@goodyear.com
Phone Number: (305)891-4648
1. Number of years company has been in the business of vehicle maintenance and
repairs services: 40
2. Number of repair employees: 10
3. Hours of operation: Mon-Sat 7am-7pm Sunday 8am-5pm
4. Is your company registered with the Florida Department of Agriculture and Consumer
Services (FDACS) per the Florida Motor Vehicle Repair Act?
5. Have you included copies of ASE Certified Master Mechanic certificates for your
technicians?
6. Proximity to City of Sunny Isles Beach City Hall 6.3
7. Name of Shop Manager(s) Goodyear auto service
8. Has your shop ever been a subject of Better Business Bureau action? yes) No
9. How many bays are available for vehicles? 8
10. The contractor shall attach a copy of their drug and alcohol testing policy.
11. List subcontractors
City of Sunny Isles Beach !Invitation to Bid No. 17-08-01 29
.✓a S.�t s' _ Y:fit ..a .� _' _ :- - •r^' _ -SS _ -
, ,R,i CITY OFSUNNY ISLES BEACH
• aeric Y n .'� 4 : 18070 Collins.Avenue �,1N• ,, •
' Qw f" -
`Su ny`Isles;Beach,_Flondo;33.I60 :. is `fr
`y - t - :'3.05:947.:0606 �o . .;
o
CraOF SUy Pa
cw.02.;czr,.
Section 7
PRICE PROPOSAL
UNIT PRICE: Unit price should be numeric. Unit price left blank will be deemed "no bid"and
a price of$0 will be deemed"included at no charge"
GROUP #1 - CARS AND TRUCKS UP TO 11/2 TON
Preventive Maintenance per Section 3.1
A Indicate the actual Posted Shop Labor Rate $
110.00
B Percentage Discount from the Posted Shop Labor 0/0
15
Rate
C Discounted Hourly Shop Labor Rate $
93.50
AND
Percentage Discount off the O.E.M. / MSRP List for parts
5
FLAT RATE SERVICES
No. Description Extended Cost
D Alignment of Front Axle Only(complete) $
64.95
•
E Alignment of Front and Single Rear Axle (complete) $
64.95
F Oil Change $
(Up to 5 quarts of Oil and Oil Filter 19.95
F.1 Synthetic Oil Change $
(Up to 5 quarts of Oil and Oil Filter) 49.95
GROUP #2-TRUCKS OVER 11/2 TON
Preventive Maintenance per Section 3.1
A Indicate the actual Posted Shop Labor Rate $
110.00
B Percentage Discount from the Posted Shop Labor 0/0
Rate
15.00
C Discounted Hourly Shop Labor Rate $
93.50
City of Sunny Isles Beach Invitation to Bid No. 17-08-01 30
• - .s.: - _
's ' �: ^4 r }`r ti CITY;OFzSUNNY ISLES BEACH
„ •;,� ;:18470 Collins Avenue:'
••;Sunny Isles`:Beach,-flondo 33160, SdNNY ti(f!
_ r30 :9470606'- . o
(
3
.;,I'•Ftow' 4.7
Ccif)"OF SUS�aO
r--
AND
Percentage Discount off the O.E.M. / MSRP List for parts 5
FLAT RATE SERVICES
No. Description Extended Cost
D Alignment of Front Axle Only(complete) $
64.95
E Alignment of Front and Single Rear Axle (complete) $
64.95
F Oil Change $
(Up to 5 quarts of Oil and Oil Filter 19.95
F.1 Synthetic Oil Change $
(Up to 5 quarts of Oil and Oil Filter 49.95
•
Reference Required Document Acknowledgment
Section
Drug and Alcohol Testing Program I ^I
(The contractor shall either attach a copy of their drug and alcohol
testing policy and/or acknowledge that a policy will be developed
an adhered to during the life of this contract.)
City of Sunny Isles Beach I Invitation to Bid No. 17-08-01 31
SUNNY„,(
•"aJ�
NON - COLLUSION AFFIDAVIT
City of Sunny Isles Beach
•
18070 Collins Avenue
''•rtoa •' Sunny Isles Beach,FL 33160
or su4 Telephone:(305)947-0606 Fax:(305)949-3113
STATE OF FLORIDA
)
COUNTY OF DADE
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,
The Goodyear Tire& Rubber Company
(Name of Corporation,Partnership,Individual,etc.)
a Tire & service repair formed under the laws of Ohio
(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 ,201_.
Personally Known or Produced Identification •
Type of identification
(Affix seal here)
NOTARY PUBLIC(name printed or typed)
1 of 7
� t� n
� ` ` EQUAL OPPORTUNITY /
�
V Z
. : AFFIRMATIVE ACTION
1,c9';-•F,OQ'�''ati City of Sunny Isles Beach
o, •v. 16070 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: `. =,�s
Title: Store Manger
Firm: The Goodyear Tire Rubber& Company
Address: 12850 West Dixie Hwy, FI, 33161
4 of 7
•
`'SJNNY FS�f� CONFLICT OF INTEREST
• 6 '.- ;; City of Sunny Isles Beach
3_ 18070 Collins Avenue
• Sunny Isles each,FL 33160
•
•n'-7• — rTelephone:(305)947-0606 Fax:(305)949-3113
'f'F ➢J• F L o%' 5'
c'TY OF ;u' �c•O
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 DADE
BEFORE ME,the undersigned authority,personally appeared Allan Alcerro
who was duly sworn,deposes,and states:
1. I am the Store Manager of The goodyear Tire & Rubber Company with a local
office in 12850 West Dixie Hwy, North Miami,FI,33161 and principal office
in 200 Innovation Way,Akron,Oh,44316-0001
2. The above named entity is submitting a Bid for the City of Sunny Isles Beach, Bid No.
described as . The Affiant has made diligent
inquiry and provides the information contained in this Affidavit based upon his own knowledge.
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.
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.
5. Neither the entity nor its affiliates,nor anyone associated with them,is presently suspended or otherwise
ineligible from participation in contract letting by any local,State,or Federal Agency.
6. Neither the entity,nor its affiliates,nor anyone associated with them have any potential conflict of
interest due to any other clients,contracts,or property interests for this project.
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.
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.
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 05 day of september ,2017 .
AFFIANT Print or Type Name and Title
Sworn to and subscribed before me this day of , 20.............
❑ Personally Known,OR
0 Produced Identification -Type of Identification
NOTARY PUBLIC STATE OF FLORIDA
5 of 7
so NY isle
s.
DISPUTE DISCLOSURE
_ j
- City of Sunny Isles Beach
,r---
18070 Collins Avenue
ti, ,, ISPUTEr. Isles Beach,FL 33160
C."r o, ,u.0.� 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.
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 X
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 X
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 X 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.
The Goodyear Tire & Rubber Corn 09/05/2017
Firm Date
—..M1/11,. /.--
--.---- Allan Alcerro Store Manager
Authorized Sit-,..111"---- Print or Type Name and Title
6 of 7
soNY 1st et
~�..� ANTI - KICKBACK
V I
City of Sunny Isles Beach
• t_ `' • 18070 Collins Avenue
•v1.Ops + Sunny Isles Beach,FL 33160
o, *,,..� Telephone:(305)947-0606 Fax:(305)949-3113
ANTI-KICKBACK AFFIDAVIT
STATE OF FLORIDA )
COUNTY OF DADE )
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: Allan Alcerro
Title: Store Manager
• The foregoing instrument was acknowledged before me this 05 day of
September , 20 17 , by Allan alcerro [name
of person], as Store Manger [type of authority], for
The Goodyear Tire & Rubber Company [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 7
Form W'9 Request for Taxpayer Give Form to the
(Rev.December 2014) Identification Number and Certification requester.Do not
Department of the Treasury send to the IRS.
Internal Revenue Service
1 Name(as shown on your income tax return).Name Is required on this line;do not leave this line blank.
The Goodyear Tire&Rubber Company
2 Business name/disregarded entity name.if different from above
m
of
m
' 3 Checkappropriate box for federal tax classification;check only one of the following seven boxes: 4 Exemptions(codes applyonlyto
� certain entities,not individuals;see
0 IndMduaVsole proprietor or (] C Corporation ❑ S Corporation ❑ Partnership ❑Trust/estate
instructions on page 3):
a c single-member LLC Exempt payee code(if any)
0 United liability company.Enter the tax classification(C=C corporation,S=S corporation,P=partnership)►
p 2 Note.For a single-member LLC that is disregarded,do not check LLC;check the appropriate box in the line above for Exemption from FATCA reporting
y the tax classification of the single-member owner. code(i1 any) D
0.'001 iv 11“2.73mirrtwed wfide S e V.S1
d Q ❑Ther(see instructions)►
E 5 Address(number,street,and apt.or suite no.) Requester's name and address(optional)
V
n 200 Innovation Way
6 City,state,and ZIP code
in Akron OH 44316-0001
7 List account numbers)here(optional)
Part I Taxpayer Identification Number(TIN) •
Enter your TIN in the appropriate box.The TIN provided must match the name given on line 1 to avoid (,Social security number
backup withholding.For individuals,this is generally your social security number(SSN).However,for a
resident alien,sole proprietor,or disregarded entity,see the Part I instructions on page 3.For other
entities,it is your employer identification number(EIN).If you do not have a number,see How to get a
TIN on page 3. or
Note.If the account is in more than one name,see the instructions for line 1 and the chart on page 4 for Employer Identification number
guidelines on whose number to enter. 3 4 -1 0 2 5 31 2 4 10
Part II Certification
Under penalties of perjury,I certify that:
1. The number shown on this form is my correct taxpayer identification number(or I am waiting for a number to be issued to me);and
2. I am not subject to backup withholding because:(a)I am exempt from backup withholding,or(b)I have not been notified by the'Internal Revenue
Service(IRS)that I am subject to backup withholding as a result of a failure to report all interest or dividends,or(c)the IRS has notified me that I am
no longer subject to backup withholding;and
3. I am a U.S.citizen or other U.S.person(defined below);and
4.The FATCA code(s)entered on this form Of any)indicating that I am exempt from FATCA reporting is correct.
Certification instructions.You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding
because you have failed to report all interest and dividends on your tax return.For real estate transactions,item 2 does not apply.For mortgage
interest paid,acquisition or abandonment of secured property,cancellation of debt,contributions to an individual retirement arrangement(IRA),and
generally,payments other than interest and dividends,you are not required to sign the certification,but you must provide your correct TIN.See the
instructions on page 3.
1
Sign Signature of j I ) P• � /i/Here u.s.person► l(� !� M� Date 1
General Instructions 1 •Form 1098(home mortgage interest),1098-E(student loan interest),1098-T
(tuition)
Section references are to the Internal Revenue Code unless otherwise noted. •Form 1099-C(canceled debt)
Future developments.Information about developments affecting Form W-9(such •Form 1099-A(acquisition or abandonment of secured property)
as legislation enacted after we release it)is at www.irs.gov/tw9. Use Form W-9 only If you are a U.S.person(including a resident alien),to
Purpose of Form provide your correct TIN.
If you do not return Form W-9 to the requester with a TIN,you might be subject
•
An individual or entity(Form W-9 requester)who is required to file an Information to backup withholding.See What is backup withholding?on page 2.
return with the IRS must obtain your correct taxpayer identification number(TIN)
which may be your social security number(SSN),individual taxpayer identification By signing the filled-out form,you:
number(iTIN),adoption taxpayer identification number(ATIN),or employer 1.Certify that the TIN you are giving is correct(or you are waiting for a number
identification number("SIN).to report on an information return the amount paid to to be issued),
you,or other amount reportable on an information return.Examples of information 2.Certify you are not subject to backup withholding,or
returns include,but are not limited to.the following:
•Form 1099-INT(interest earned or paid) 3.Claim exemption from backup withholding if you are a U.S.exempt payee.If
•form 1099-DIV(dividends,including those from stocks or mutual funds) applicable,you are also certifying that as a U.S.person,your allocable share of
9 any partnership income from.a U.S:trade or business's not subject to the
•Form 1099-MISC(various types of income,prizes,awards,or gross proceeds) withholding tax on foreign partners'share of effectively connected income,and
•Form 1099-8(stock or mutual fund sales and certain other transactions by exempt4. rhom tfy he FATCA FATCA reporting,sentereds con n this s tom(e (it ans FATCA indicating
thatiyou
on are
brokers)
•Form 1099-S(proceeds from real estate transactions) page 2 for further information.
•Form 1099-K(merchant card and third party network transactions)
Cat.No.10231X Form W-9(Rev.12-2014)
s,ssNY Isle
PUBLIC ENTITY CRIMES
• • City of Sunny Isles Beach
' 18070 Collins Avenue
•F<oR'o + Sunny Isles Beach,FL 33160
'"or so. 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.
1. This sworn statement is submitted to City of Sunny Isles Beach
by Allan Alcerro
(punt tndnnaual s name and tale)
for The Goodyear tire & Rubber Company
1pnn(name of entity submitting sworn statement)
whose business address is:
12850 West Dixie Hwy,North Miami,FI,33161
and(if applicable) its Federal Employer Identification number(FEIN) is 34-0253240
(If the entity had no FEIN, include the Social Security Number of the individual signing this sworn
statement: .)
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.
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.
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 7
market value under an arms length agreerrierit; 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.
. .
5. I understand that 'a''person" as defined in Para. 287:03(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
entit.y. The. term persons includes includet. those officer* directors; executives, partners, sharehOlders,
emPloyeeS,MerriberS, and agents areettiVe in.rnana6emehibf anyentiti.
6. Based on information and belief, the statement which f:heve marked below istruein relation to the entity
sWcirrrstaternent; (tilde:ate which statement applies.)
Neither the entity submitting this sworn statement nor-any-of it officers directors executives.partners-
. •.. . • •
* • .
Shareholders erriptoyeet, members or agents Who'are.:actiVe in the management of the entitY, nor any
affiliate of the entity has beencharged with and convicted of a public entity crime subsequent to July
_ -
1989.
The entitY•e0brnittingthit'swornstatement, or one Or more of its officers, directOrt,eXecutiVeS, Pa-Ethers;
shereholders, employees, meMbers, or agents who'are active in the management of the entity, or an
affiliate of the entity hai'been,dharged ,and convicted'Of a public entity crime subsequent to July
.
1989.
. _ •The entity submitting this sworn,staternent or one or more of its officers directors executives partners,
ihereholderS, eitiOlbyeet, MeMberSor agents who are active in the management of the entitY :Or an
affiliate of the entity has been'charged withandconvicted of a public entity crime subsequent to July 1,
• •
1989: Fic*thier. there has been a subsequent proceeding before.a Hearing Officer of the State of
OlOrida,:Division of.Administrative Hearings the Final..Order'entered by the Hearing Officer of the •
State of Florida Division of Administrative -Jeatiog and the Final Order entered by the Hearing Officer
determined that it was not in the public interest to place the entity submitting this tworh-itatemanf on the
convicted vendor liit.-,(AtfaCh4coPY Of thefinel Order,-)
. . .
I UNDERSTAND THAT THE:SUBMISSION, OF THIS FORM TO THE CONTRACTING OFFICER FOR THE
PUBLIC ENTITY IDENTIFIED IN PARAGRAPH 11.1 (ONE):ABOVE,ISFOR THAT PUBLIC ENTITY pNLy AND,
THAT THIS FORM IS VALID THROUGH DECEMBER 31 OFTHE,CALENDAR'yEAR IN WHICH IT IS:FILED. I
ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBLIC.ENTITY PRIOR TO ENTERING INTO
CONTRACTA IN EXCESS OF 'THE THRESHOLD AMOUNT PROVIDED IN SECTION 287 017 FLORIDA
STATUTES FOR OATEGORY TWOOF.ANY,-CHANGE IN THE INFORMATION CONTAINED IN THIS FORM
- -
•
(Signator,
• Afla icerrä
•
(Printed Name)
Store Manager •
(ritle)
'Sworn to and subscribed before uo- day of . September
me this20 11 by
"(AFFiX:NOTARYSTANIRHERE)
Signature: Notary Public—State of Florida
PrintOr Type Commissioned Nariie
Personally Known OR Produced Identification
Type of identification Produced
10/199e 3of7
PARTICIPATING ADDENDUM
•
[Hereinafter"Addendum"]
WESTERN STATES CONTRACTING ALLIANCE
Tires, Tubes and Services
Utah Contract# MA208
Between
THE GOODYEAR TIRE & RUBBER COMPANY
[hereinafter "Contractor"] and
the State of Florida
[hereinafter"Participating State"]
Participating State Contract Number: 25172500-2-WSCA-15-ACS
A. Scope: This Addendum will allow the above Participating State to purchase from the WSCA •
Contract #MA208 for Tires, Tubes and Related Services (together with all attachments thereto
as amended from time to time by Lead State and Contractor, the "Contract" and together with
this Addendum, the "Agreement") between the State of Utah (the "Lead State") and
Contractor.
•
B. Changes: The Contract for the Participating State is amended as follows:
•
• 1. Changes and Additions to the Contract: Upon execution of this Addendum, the
Department of Management Services ("Department") and all Eligible Users may purchase
products and services under the Contract (attached hereto as Exhibit 1 (WSCA Master
Agreement) using the Florida alternate contract source number 25172500-2-WSCA-15-
ACS. As used herein, the term "Eligible Users" is defined in Rule 60A-1.005 Florida
Administrative Code.
The Department and Eligible Users acknowledge and agree to be bound by the terms and
conditions of the Contract except as otherwise specified in this Addendum.
The following are modifications to the Contract:
PUR 1000 Form "General Contract Conditions": Additional terms set forth in the • .
Department Purchasing Form PUR 1000, General Contract Conditions, as modified herein,
attached hereto as Exhibit 2'(PUR 1000) are incorporated herein. Where the PUR refers to
the term Agreement or Contract it shall be interpreted to mean this Participating Addendum.
2. Changes to the PUR 1000:
•
a) Section 4-Price Changes Applicable only to Term Contracts: is modified by deleting
Section 4(b) Best Pricing Offer and adding the following sentence to the end of the
section:
All pricing under this Agreement is set forth in Attachment C to the Contract,
which may be amended in writing from time to time between Contractor and Lead State.
1
EXHIBIT "B"
b) Section 5-Additional Quantities: Not applicable, delete in its entirety.
c) Section 11-Transportation and Delivery: Delete the provision in its entirety and replace
with the following:
Prices shall include all charges for packing, handling, freight, and distribution.
Transportation of goods shall be FOB Destination to any point within thirty (30)
days after the Customer places an Order, provided that delivery periods of 90 days
or more may apply for OTR, loader, grader, and farm/agricultural tires in the event
of a backorder situation. All ordering agencies should contact the contractor prior
to placing an order to obtain an estimated delivery time schedule. Contractor or
dealer, as applicable, within five (5) days after receiving a purchase order, shall
notify the Customer of any potential delivery delays. Evidence of inability or
intentional delays shall be cause for Contract cancellation and Contractor
suspension.
d) Section 12 Installation: Delete the provision in its entirety and replace with the following:
Unless otherwise designated in the Contract or purchase order, tires will be
delivered and installed at the location set forth on the purchase order.
Attachment C to the Contract entitled "Pricing Discounts & Service Pricing" sets
forth product prices and all related installation or service fees, if any. Tires
furnished are governed by the applicable Contractor's standard warranties and
limitations in effect at the time of delivery and are guaranteed to be free from
defects in workmanship and material for original tread life or 48 months whichever
comes first. To the extent reasonably practicable, on-site services shall be •
performed so as to cause the least inconvenience and interference with Customers
and with proper consideration of others on-site. Upon completion of the
installation, the location and surrounding area of work shall be left clean and in
a neat and unobstructed condition as was existing prior to installation.
e) Section 13-Risk of Loss: Add the following sentence to the end of the section:
Upon acceptance, delivered products will be governed by Contractor's standard
warranties and limitations in effect at the time of delivery.
f) Section 16-Taxes: Delete the last sentence and replace with the following:
Any exceptions to this paragraph shall be explicitly noted by the Customer in
the special contract conditions section of the Contract, Addendum or purchase order.
g) Section 19-Indemnification: Delete the word "negligent" in the last line of the first
paragraph and add the following paragraph to the end of the section:
For purposes of clarification, the parties acknowledge and agree that the
Contractor's indemnification obligations pursuant to this Section 19 of the State of
Florida PUR 1000 General Contract Conditions shall not apply to the extent
any claims, liabilities and costs arise from the negligence, recklessness or willful
2
•
misconduct. of the Participating State, its •Departments and their respective •
employees, officers, agents and contractors.
h) Section 20 — Limitation of Liability: The following sentence is added to the end of the
second paragraph:
This right to set off is limited to any undisputed amount owed to The Goodyear Tire &
Rubber Company by the Customer.
i) Section 22-Termination for Convenience: Delete the provision in its entirety and replace
with the following:
Either party, by 30 days written notice to the other party, may terminate the
Contract in whole or in part when it determines in its sole discretion that it is in the
party's interest to do so. The Contractor shall not furnish any product after it
receives the notice of termination from the Customer, except as necessary to
complete the continued portion of the Contract, if any. The Contractor shall not be
entitled to recover lost profits.
j) Section 23 - Termination for Cause: Delete this section in its entirety and replace
with the following:
The Customer may terminate the Contract if the Contractor fails to (1) deliver the
product within the time specified in the Contract or any extension, (2) maintain
adequate progress, thus endangering performance of the Contract, (3) honor any
term of the Contract, or (4) abide by any statutory, regulatory, or licensing
requirement. Rule 60A-1.006(3), F.A.C., governs the procedure and
consequences of default. The Contractor shall continue work on any work not
terminated. Except for defaults of subcontractors at any tier, the Contractor
shall not be liable for any excess costs if the failure to perform the Contract
arises from events completely beyond the control, and without the fault or
negligence, of the Contractor. If the failure to perform is caused by the default of a
subcontractor at any tier, and if the cause of the default is completely beyond the
control of both the Contractor and the subcontractor, and without the fault or
negligence of either, the Contractor shall not be liable for any excess costs for
failure to perform, unless the subcontracted products were obtainable from other
sources in sufficient time for the Contractor to meet the required delivery schedule.
If, after termination, it is determined that the Contractor was not in default, or that
the default was excusable, the rights and obligations of the parties shall be the
same as if the termination had been issued for the convenience of the Customer.
The rights and remedies of the Customer in this clause are in addition to any other
rights and remedies provided by law or under the Contract.
k) Section 24-Force Majeure, Notice of Delay, and No Damages for Delay: Delete this
section in its entirety as this is addressed in the Contract as modified by Attachment D to
WSCA Contract#MA208.
I) Section 26-Renewal: Delete this section in its entirety and replace with the following:
3
-The Agreement will automatically renew upon renewal of the Contract by Lead State and
Contractor unless terminated sooner by either party in accordance with the terms under
the Addendum.
m) Section 29-Assignment: Add the following paragraph to the end of the section:
Notwithstanding the foregoing, nothing herein shall prohibit the supply of
products or services under this Agreement by Contractor's independent dealers
authorized pursuant to this Agreement.
n) Section 30-Antitrust Assignment: Delete this section in its entirety.
o) Section 37-Warranty of Ability to Perform: Add the following paragraph to the end of
the section.
THE CONTRACTOR'S STANDARD WRITTEN LIMITED WARRANTIES FOR
TIRES AND TUBES AND THE WARRANTIES SPECIFIED IN THE CONTRACT,
AS MODIFIED BY ATTACHMENT D THERETO, ARE IN LIEU OF ALL OTHER
WARRANTIES RELATED TO THE PRODUCTS OR SERVICES. CONTRACTOR
EXPRESSLY DISCLAIMS AND MAKES NO OTHER WARRANTIES, EXPRESS
OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
p) Section 39-Leases and Installment Purchases, Section 40-Prison Rehabilitative
Industries and Diversified Enterprises, Inc. (PRIDE), and Section 41-Products Available
from the Blind or Other Handicapped: Delete these sections in their entirety.
q) Section 42 — Modification of Terms: Add the following sentence to the end of the section.
Notwithstanding the foregoing, the State acknowledges that the WSCA Contract #MA208
for Tires, Tubes and Related Services and the attachments thereto may be modified from
time to time between Contractor and the State of Utah which would have the effect of
modifying the terms of this Contract in accordance with the priority of documents set forth
in Section M of the Participating Addendum.
C. Discriminatory Vendors: An entity or affiliate placed on the discriminatory vendor list
pursuant to section 287.134 of the Florida Statutes may not be awarded or perform work as a
contractor, supplier, sub-contractor, or consultant under a contract with any public entity; or
transact business with any public entity.
D. Effective Date: This Addendum shall become effective on the last date signed below and is
coterminous with the Contract, unless terminated earlier by either party.
E. Vendor Registration and Transaction Fees: In order to complete any transaction between
an Eligible User and the Contractor, the Contractor must be registered with the Department of
State, Division of Corporations (www.sunbiz.org) and in MyFloridaMarketPlace. Section
287.042(1)(h), Florida Statutes, and Rule 60A-1.031, Florida Administrative Code, is hereby
incorporated by reference. All transactions are subject to a transaction fee pursuant to the
rule.
4
F. Orders: In order to procure products and services hereunder, Eligible Users shall issue
purchase orders or use a Purchasing Card which shall reference the Department of
Management Service's contract number 25172500-2-WSCA-15-ACS. Eligible Users are
responsible for reviewing the terms and conditions of this Addendum including all
Amendments and Exhibits. Neither the Department nor WSCA-NASPO is a party to any
purchase order issued hereunder.
G. Compliance with Laws: The Contractor shall comply with all laws, rules, codes, ordinances,
and licensing requirements that are applicable to the work covered by this Contract, including
those of federal, State, and local agencies having jurisdiction and authority. By way of non-
exhaustive example, Chapter 287 of the Florida Statutes and Rule 60A-1 of the Florida
Administrative Code govern this Addendum. By way of further non-exhaustive example, the
Contractor shall comply with section 274A of the Immigration and Nationalization Act, the
Americans with Disabilities Act, and all State of Florida prohibitions against discrimination on
the basis of race, religion, sex, creed, national origin, handicap, marital status, or veteran's
status. Violation of any laws, rules, codes, ordinances, or licensing requirements shall be
grounds for Contract termination or nonrenewal of the contract.
H. Other Eligible Users: If any additional ordinance, rule, or other local governmental authority
requires additional contract language before an Eligible User can make a purchase from the
Contract, the Eligible User is responsible for signing a separate contract with the Contractor
and capturing that additional contract language therein.
•
I. Provisions of section 287.058, Florida Statutes: The provisions of section 287.058(1)(a) -
(c) and (g), Florida Statutes, are hereby incorporated by reference.
J. Public Records: If, under this Addendum, the Contractor is providing services and is acting
on behalf of the Department as provided under subsection 119.011(2), Florida Statutes, the
Contractor, subject to the terms of paragraph 287.058(1)(c), Florida Statutes, and any other
applicable legal and equitable remedies, shall:
1) Keep and maintain public records that ordinarily and necessarily would be required by
the Department in order to perform the service.
2) Provide the public with access to public records on the same terms and conditions
that the Department would provide the records and at a cost that does not exceed the
cost provided in Chapter 119, Florida Statutes, or as otherwise provided by law.
3) Ensure that public records that are exempt or confidential and exempt from public
records disclosure requirements are not disclosed except as authorized by law.
4) Meet all requirements for retaining public records and transfer, -at no cost, to the
Department all public records in possession of the Contractor upon termination of
the contract and destroy any duplicate public records that are exempt or confidential
and exempt from public records disclosure requirements. All records stored
electronically must be provided to the Department in a format that is compatible with
the information technology systems of the Department.
5
. The Department may unilaterally cancel this Contract for refusal by the
Contractor to comply with this section by not allowing public access to all
documents, papers, letters, or other material made or received by the contractor
in conjunction with the contract, unless the records are exempt from section
24(a) of Article I of the State Constitution and subsection 119.07(1).
The parties acknowledge at this time, the Contractor will not be providing services or
acting on behalf of.the Department. Therefore, the requirements of this paragraph
2(A)(i) do not apply to Contractor's performance under this Agreement.
K. The State of Florida's performance and obligation to pay under this Addendum is contingent
upon an annual appropriation by the Legislature. The vendor shall comply with section 11.062,
Florida Statutes and section 216.347, Florida Statutes, prohibiting use of funds to lobby the
Legislature, Judicial, or state agencies.
L. Contract Document: The Contract and the Addendum and its Exhibits set forth the entire
• agreement between the parties with respect to the subject matter of the contract. In the event
there is a conflict between the terms of this Addendum and the Contract, this Addendum shall
control.
M. Order of Precedence: The following documents shall have priority in the order set forth
below:
1. This Participation Addendum
2. Exhibit 1, WSCA Utah Contract Number MA208 (of which Attachment D thereto takes
precedence)
N. Intellectual Property. For purposes of clarification, the parties acknowledge that, in the
Contractor's delivery of tires, Contractor shall not be developing work product and/or
deliverables for the Participating State under this Agreement. Accordingly, any language
in this Agreement, including any incorporated attachments, relating to ownership by the
Participating State of intellectual property rights in deliverables is inapplicable to this
Agreement.
O. Employment Eligibility Verification: Pursuant to State of Florida Executive Orders Nos.: 11-
02 and 11-116, Contractor is required to utilize the U.S. Department of Homeland Security's E-
Verify system to verify the employment of all new employees hired by the Contractor during
the contract term..Also, Contractor shall include in related subcontracts a requirement that
subcontractors performing work or providing services pursuant to the contract utilize the E-
Verify system to verify employment of all new employees hired by the subcontractor during the
Contract term.
P. Scrutinized Company List: In executing this Addendum; Contractor certifies that it is not
listed on either the Scrutinized Companies with Activities in Sudan List or-the Scrutinized
Companies with Activities in the Iran Petroleum Energy Sector List, created pursuant to
section 215.473, Florida Statutes. Pursuant to subsection 287.135(5), Florida Statutes,
Contractor agrees the Department may immediately terminate this contract for cause if the
Contractor is found to have submitted a false certification or if Contractor is placed on the
Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with
Activities in the Iran Petroleum Energy Sector List during the term of the contract.
6
•
Q. Ordering Instructions: .
1. The Contractor agrees to meet the following requirements:
a. Provide appropriate contact information for Eligible Users to use for product
and/or service inquiries and purchases, as well as the most up-to-date
product/service offering the Contractor is authorized to provide in accordance
with the Contract; and
b. If orders are to be sent to resellers or distributors for fulfillment then the
Contractor is responsible for providing and updating this list of authorized resellers
or distributors for use to the Department.
2. Contractor must be able to accept Purchase Orders (PO) via fax, e-mail, or cXML as
identified in R.1 below.
R. Electronic Invoicing: Purchases by the Participating State and its Eligible Users will be
invoiced by, and all payments shall be directed to, the delivering dealer.
The Contractor shall supply, or cause its affiliated dealers to supply, electronic invoices in lieu of
paper-based invoices for those transactions processed through the MFMP within ninety (90)
days from contract effective date. Electronic invoices shall be submitted to the agency through
the Ariba Network (AN) in one of three mechanisms as listed below:
1. cXML (commerce eXtensible Markup Language). This standard establishes the
data contents required for invoicing via cXML within the context of an electronic
environment. This transaction set can be used for invoicing via the AN for catalog
and non-catalog goods and services. The cXML format is the Ariba preferred
method for E-Invoicing.
2. EDI (Electronic Data Interchange). This standard establishes the data contents of the
Invoice Transaction Set (810)for use within the context of an Electronic Data
Interchange (EDI) environment. This transaction set can be used for invoicing via
the AN for catalog and non-catalog goods and services.
3. PO Flip via AN. The online process allows Contractor and its dealers to submit
invoices via the AN for catalog and non-catalog goods and services. Contractor and
its dealers have the ability to create an invoice directly from their Inbox in their AN
account by simply "flipping" the PO into an invoice. This option does not.require any
special software or technical capabilities.
For the purposes of this section, the Contractor warrants and represents that it is authorized
and empowered to and hereby grants the State and the third party provider of MFMP, a state
contractor, the right and license to use, reproduce, transmit, distribute, and publicly display
within the system the information outlined above. In addition, the Contractor warrants and
represents that it is authorized and empowered to and hereby grants the State and the third
party provider the right and license to reproduce and display within the system the
Contractor's trademarks, system marks, logos, trade dress, or other branding designation that
identifies the products made available by the Contractor under the contract.
The Contractor will work with the MFMP management team to obtain specific requirements
for the electronic invoicing if needed.
S. Contract Quarterly Reports: The Contractor shall submit a Quarterly Report (format provided
to include necessary information) in the required format electronically to the Department within
30 days of the end of the quarter. The Department reserves the right to require the Contractor
to provide additional reports within 30 days written notice, for which the Contractor may be
compensated to the extent the additional reporting requirements impose additional costs.
Initiation and submission of the Report are the responsibility of the Contractor without
prompting or notification by the Department.
Sales will be reviewed on a quarterly basis. Should no sales be recorded in two consecutive
contract quarters, the either party may terminate this Addendum.
T. Business Review Meetings: The Department reserves the right to schedule business review
meetings as is reasonably necessary with at least 30 days prior notice. The Department will
provide the format for the Contractor's agenda. Prior to the meeting, the Contractor shall
submit the completed agenda to the Department for review and acceptance. The Contractor
shall address the agenda items and any of the Department's additional concerns at the meeting.
U. Commitment to Diversity in Government Contracting: The State of Florida is committed to
supporting its diverse business industry and population through ensuring participation by
minority-, women-, wartime-, and service-disabled veteran business enterprises in the economic
life of the State. The State of Florida Mentor Protégé Program connects minority-, women-,
wartime-, and service-disabled veteran business enterprises with private corporations for
business development mentoring. We strongly encourage firms doing business with the
State of Florida to consider this initiative. For more information on the Mentor Protégé
Program, please contact the Office of Supplier Diversity at (850) 487-0915 or
osdhelp(a�dms.myflorida.com.
Upon request, the Contractor shall report to the Department spend with certified and other
minority business enterprises. These reports will include the period covered, the name,
minority code and Federal Employer Identification Number of each minority vendor utilized
during the period. Commodities and services provided by the minority business enterprise,
and the amount paid to each minority vendor on behalf of each purchasing agency ordering
under the terms of the contract. Contractor shall comply with the requested information on
spend with minority business enterprises to the extent it currently collects and monitors such
spend information. In no event shall Contractor be required to report such information more
than once in a twelve (12) month period.
V. Florida Business Requirements. The Contractor shall be responsible for (i) reporting all
sales of all affiliated and authorized independent dealers providing goods hereunder and (ii) the
payment of all MFMP transaction fees associated with such sales.
8
at
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W.Warrant of,Authoilty: Each'person signing this Addendum voarrantio that he or she is duly
authorized to do so and to bind the respectiVe patty.
X. Primary Contact The primary Participating State contact individual for the Agreement is as
follows: •
•
Name: Karla Dixon
Participating Entity: State of Florida
Addtesi: 4050 Esplanade Way
'
City: Tallahassee
State: FL. 32399 •
Telephone: 856487,2304 •
Fax: 000414-6122
Xaria.4ixdriradMaimvflorida.com
•
Y. AUthoilzed Dealers. Contractor shall provide the contract manager a list of dealers
authorized to provide services underthisAgreement in the State of Florida. Copies of dieter..
agreements executed by independent dealers who are authorized to provide services hereunder
will be provided to the State of Florida and kept on file by dentractor. Updates and changes to
the authorized dealer fist will be sent to the C.C5,iy?c,t manager.
IN WITNESS-HEREOF, the parties have executed•this Addendum as of the date of execution
by both pantes below.
•
•
Participating State: COritritetdf: -
State offlorida The Poddyear Tire tt'; RUbber Company
By:
- -
Name
_
• ri *: Stephen 14celellan
Chad Popped
Title: • Title: President worth Ariiericti
Secretary •
Date: Date:
•
ATTESTAik
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•
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4:et \Vt.
' •
11 SEAL 11
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9
S'3"r 's`F City of Sunny Isles Beach
Nit 18070 Collins Avenue
" y ,r; .; Sunny Isles Beach, Florida 33160
''..,-,9,.~ 'rte so s-e- (305)947-0606 City Hall
-qp op SUM:�NO (305)949-3113 Fax
MEMORANDUM
TO: The Honorable Mayor and City Commission
VIA: Christopher J. Russo, City Manager
FROM: Audra K. Curts-Whann, Finance Director
Robert Williamson, Public Works Superintendent
DATE: 9/21/2017
Awarding Bid No. 17-08-01 to and Authorizing the City
RE: Manager to Enter into Agreement with Goodyear Tire
and Rubber Company for Fleet Maintenance & Repair
Services including Tire Purchases and Installations
RECOMMENDATION:
Staff is recommending the City Commission approve the attached
resolution.
REASONS:
The City publicly advertised the solicitation/ITB for Fleet Maintenance
& Repair Services and received one response to the bid. Staff
reviewed the bid and track record as current provider of the service,
and determined Goodyear to be a responsible and responsive bidder.
In addition, we are including Tires and Installation in the contractual
arrangement, as there is a Western States Contracting Alliance/State of
Florida participating State Contract No. 25172500-2-WSCA-15-ACS
. to piggyback for the additional component.
FUNDING SOURCE:
Various Budget Accounts
ATTACHMENTS:
173