Purchase & delivery of trencherCITY CLERK
INVITATION FOR BIDS
PURCHASE AND DELIVERY OF A TRENCHER
BID 42-02/03
BID OPENING: JUNE 30, 2003 AT 3:00 P.M.
Gus Lopez, CPPO, Procurement Director
City of Miami Beach- Procurement Division
1700 Convention Center Drive
Miami Beach, FL 33139
F:XPURC\$ALLXBoiler Plate Bid\bidtemplatel .doc
BID NO: No. 42-02/03
DATE: 05120/03
CITY OF MIAMI BEACH
1
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
www.ci.miami-beach.fi.us
Procurement Division
Telephone (305) 673-7490
Facsimile (305) 673-7851
July 7, 2003
Mr. Kent Stephenson
Ditch Witch of Central and South Florida.
31643 Executive Blvd.
Leesburg, FL 34748
Dear Mr. Stephenson:
RE' BID NO. 42-02/03, (PURCHASE AND DELIVERY OF A TRENCHER).
Pursuant to Bid No. 42-02/03, Purchase and Delivery of a Trencher, please provide clarify
following:
1 ) Are items 1-12 included in the RT70H basic unit in addition to the items specified in the
paragraph 1 of you Price Quote? Please Explain.
2) Are Items 13-29 included with the H910 Rear Attachment? Please Explain
3) Does your total amount of $48,947.93 include item number 1-29 on page 1 and 2 of
your bid? Please Explain.
4) What exactly does the one (1) year or 1,000 hours warranty include? Please explain
and provide copy of the written warranty.
This requested clarification must be delivered to the Procurement Division by July11,2003.
Should you have any question, I may be reached at (305) 673-7490.
Sincerely,
John Ellis,
Assistant-Director of Procurement Division
JE/ao
87/11/2883 16:22 3523659695 DITCH WITCH OF CENTL PAGE 81/83
Ditch Witch*
UNDERGROUNDAUTHOB I* '
WDBLliWlnE.TM
Autllorizecl Ditch Witch· Dealer
Ditch Witch of Central & South Florida
31643 Executive Blvd.
Leesburg, FL 34748
(352) 638-9126
FAX: (352) 365-9695
Jul.y II, 2003
City of Hiami Beach
City Hall
1700 Convention Center Drive
Mtami~B~ach, Florida 33139
Bid No. 42-02/03
Purchase and Del±very of a Trencher
Dear Mr. Ellis:
Per our telephone conversation as of this dace, I explained to you
that items 1-29 that were in question,:was the descripzion of our
equipment that we use at the time the equipment is set-up for demo
and or sale.
Your quest&ohS of all of the items were included in our price and the
:o=al amoun~ of $48,947.93 does include items 1-29.
Attached you will find a copy of our standard warranty. You will notice
that our warranty includes parts and labor as part of the warrancy.
Hopefully this will answer all of .your concerns and should you have
any other questions, please feel free to call me at 954-914-3439 and
we thank you for your interest in our Ditch Witch p/odUc=s.
Raul Santos
Sales Representative
ERclosures
RS:jr
87/11/2883
l&: 22 3523659695
DITCH WITCH OF CENTL
PAGE
82/83
U.S. And Canada Policy
1(I)
SECTION: WARRANTY
January 2002
POLICY 1: DITCH WITCH® EQUH'MENT AND REPLACEMENT PARTS LIMITED
WARRANTY POLICY
MAJOR COMPONENT LIMITED WARRANTY
Major components are warranted for a period of 1000 hours of use or one year, whichever occurs fi~st, beginning on
date of delivery of any such new product, The Major Component Limited Warranty covers only .Major Components
listed under Major Component Limited Wan'anty that are manufactured and distributed by The Charles Machine Works,
Inc. ("CMWV~"). Replacement parts and other serial numbered products ("Products") that are not listed under Major
Component Limited Warranty, and non-major components are covered under Product Limited Warranty.
Major Components are d~fined as: Frames.
Differentials and parts contained within.
Mechanical transmissions~
Drive gear boxes and parts contained within.
14ydraulic, hydrostatic, and fluid pumps, motors and components that control or protect pumps
and motors.
Auxiliary hydraulic control valves and electrical components used for controlling hydraulic
components.
Hydraulic cylinders and components excluding repair kits.
Batteries, alter, ators, instruments, gauges, and protection components for electrical systems.
Pierce Airrow® bodies, strikers, and tailpieces.
Fr~e replacement parts and labor will be provided at any authorized dealership for any part of Major Components which
has a defect jn material or workmanship within warranty period. Defects will be determined by an inspection &major
component or part by CMW or its authorized dealer. The product containing a major component or part must be
presented to CMW or its authorized dealer for inspe~on within 30 days of the date major component or part tails.
CMW will provide the location of its inspection facilities or its nearest authorized dealer upon inquiry. CMW reserves
the right to supply rcmanufactured replacement parts as it deems appropriate.
PRODUCT LIMITED WARRANTY
Products are wawanted for *90 days from date of delivery of any new product. Free replacement paris and labor will be
provided at any authorized dealership for any product which has a defect in material or workmanship within warranty
period, Replacement parts are warranted for 90 days from date of delivery of any tach rvplacement part. Any part of a
product subject to ground contact is warranted only for defects irt material or workmanship and only for the period of
operational life of such part, which period shall not in any event exceed 90 day~. Defects will be determined by an
inspection of the product or part by CMW or its authorized dealer. The product or part must be presented to CMW or its
authorized dealer for inspection within 30 days of the date of failure. CMW will provide the location ct' its i,~spection
facilities or its nearest authorized dealer upon inquiry. CMW reserves fl~e fight to ~pply remanufactured r~placement
parts as it deerr~ appropriate.
,Equipment owners in countries other than U.S., and Canada should refer to Ditch Witch International Warranty Policy.
ut/li/zuud ih:Z2 ~b2365%95 DITCH WITCH Of CENTL PAGE 83/83
U.S. And Canada Policy
I (2)
January 2002
SECTION WARRANTY POLICY l: EQUIPMENT AND REPLACEMENT PARTS
EXCLUSIONS FROM MAJOR COMPONENT AND PRODUCT LIMITED WARRANTY
SPECIFICALLY EXCLUDED FROM MAJOR COMPONENT AND PRODUCT LIMITED WARRANTY
ARE:
· Transportation charges related to repair, replac~nent, or inspection of products, major components, or paris.
· Parts subject to ground contact (including but not limited to drill pipe, downholc tools, digging chain, teeth and
sprockets).
· All incidental or consequential damages.
All defects, damages, or injuries caused by misuse, abuse, improper installation, alteration, neglect, or uses
other than those for which products were intended,
· All defects, damages, or injuries caused by improper training, operation, or servicing of products in a manner
inconsistent with manufacturer's recommendations.
· All engines and engine accessories (these are covered by original manufacturer's warranty).
,, Parts which may be subject to another manufacturer's warranty (such warranty will be available to purchaser).
· ALL IMPLIED WARRANTIES NOT EXPRESSLY STATED HEREIN, INCLUD.ENG ANY WARRANTY
OF FITNESS FOR A PARTICULAR PURPOSE AND MERCI-IANTABILITY.
IF THE PRODUCTS ARE PURCHASED FOR COMMERCIAL PURPOSES AS DEFINED BY TIlE UNIFORM
COMMERCIAL CODE, THEN THERE ARE NO WARRANTIES WMtCH EXTEND BEYOND THE FACE
HEREOF AND THERE ARE NO IMPLIED WARRANTIES OF ANY KIND WHICH EXTEND TO A
COMMERCIAL BUYER. ALL OTHER PROVISIONS OF THIS LIMITED WARRANTY APPLY INCLUDING
THE DUTIES IMPOSED.
Ditch Witch products have been tested to deliver acceptable performance in most conditions. This does not imply they
will deliver acceptable performance in all conditions. Therefore, to assure suitability, products shou.ld be operated under
anticipated working conditions prior to purchase.
This limited warranty applies to the owner of the product. Some states do not allow exclusion or limitation ot: incidental
or consequential damages, so above limitation or exclusion may not apply. Further, some states do not allow exclusion
of or limitation of how long an implied warranty lasts, so the above limitation may not apply. This limited wan'anty
gives the owner specific Jegal rights and the owner may also have other rights which vary from state to state.
For information regarding this limited warranty, contact CMW's Produot Support Department, P.O. Box 66, Perry, OK
73077-0066, or contact your local Ditch Witch dealer.
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
www. mla mib~_~,_-~.gov
To:
From:
Subject:
COMMISSION MEMORANDUM
Mayor David Dermer and Data: July 30, 2003
Members of the City Commission
Gonzalez ~
Jorge M. ~
City Manager
REQUEST FOR 'PROVAL TO AWARD A CONTRACT TO DITCH WITCH
OF CENTRAL AND SOUTH FLORIDA INC., IN THE AMOUNT OF
$50,296.37, PURSUANT TO INVITATION TO BID NO. 42-02/03, FOR THE
PURCHASE AND DELIVERY OF A TRENCHER FOR THE PUBLIC WORKS
DEPARTMENT.
ADMINISTRATION RECOMMENDATION
Approve the award.
FUNDING
$50,296.37 Funding is available from the Fleet Management Division
Account No. 510.1780.000.673
ANALYSIS
Invitation to Bid No. 42-02/03 (the "Bid") is for the purchase and delivery of a trencher.
The trencher will be used by the Street Lighting Division under Public Works Department
for the repair and replacement of all underground conduits in the City's street lighting
system. The Bid for the trencher was issued with required minimum specifications, which
included a combination of performance and design specifications in order to meet the
required work for the repair and replacement of all possible underground conduit work
within the City of Miami Beach. (See Attachment #1)
The City had previously issued Invitation to Bid No. 78-01/02 for the purchase of a
trencher. However, only one bid was received from Vermeer Southeast Sales and
Services Inc. (aVermeer") for $57,100, which included a one (1) year extended warranty.
Based on the fact that only one bid was received as a result of specifications that may
have restricted competition, the City Manager exercised his authority to reject the sole
bid received.
By re-bidding this purchase with revised specifications, the City received two bids and
therefore realized a savings of almost $7,000, and will receive a better extended
warranty than the one previously proposed by Vermeer.
6
ATTACHMENT #1
BID ~42-02103 - SPECIFICATIONS
PAGE 1 OF 3
PURCHASE AND DELIVERY OF A TRENCHER
BID ~42-02103
3.0 MINIMUM SPECIFICATIONS
Purpose and Necessity
The trencher is to be used by the Street Lighting Division for the repair and replacement of
all underground conduct in the City's street lighting system. The trencher:
1. Must be capable of cuffing through a minimum of 4 inches of asphalt combined with a
minimum of 12" of compacted lime rock in a smooth and efficient manner and without
undue stress on the maChine.
2. Trencher attachment shall be of a chain type with a tooth pattem that will provide as
little kickback as possible in the aforementioned material.
3. Trencher must produce a minimum depth of 48 inches and minimum trench width of 8
inches.
4. A strongly desired option: Auxiliary hydraulic hand tool connection (if possible)
5. Equipment shall meet the specification or equal as it will be used daily in often
adverse/weather conditions.
Minimum Specifications
General
Specifications:
· riding unit
· 70 horsepower class minimum
· four wheel hydrostatic ground drive
· hydrostatic attachment drive
· rubber tires
· shall be delivered with an operator's manual, a service and repair manual, and a
parts manual.
· Shall have waming light or gauge to monitor fuel level, engine oil pressure, charging
volts or amps, engine temp and hydraulic oil temp, to include and audible alarm or
automatic shut down system.
· Shall include training of a minimum of 2 hours for a minimum of 4 City of Miami Beach
employees.
· Shall include an hour meter on ddver's console.
ATTACHMENT #1
BID #42-02103 - SPECIFICATIONS
PAGE 3 OF 3
Attachment Drive
Specifications:
· hydrostatic pump with infinitely variable speed control
Trencher Attachment
Specifications:
· Digging attachment capable of digging 8 inches wide and 48 inches deep.
· Adjustable digging chain tension by means of positive boom adjustment bolt located
outside of boom tube.
Trencher Chain
Specifications:
· Digging chain with tensile strength of 97,000 lbs minimum,
Trencher Teeth
Specifications:
· made of steel (or equal alloy)
· bolt-on adapters using rock/frost type bit with carbide insert.
The manufacturer or distributor shall ensure the equipment offered for consideration will perform
the job/tasks indicated above under "Purpose and Necessity".
THIS PAGE INTENTIONALLY LEFT BLANK
CITY OF MIAMI BEACH
COMMISSION ITEM SUMMARY
Condensed Title:
Request for Approval to Award a Contract to Ditch W~ch of Ce,,[~ui and South Florida, in the Amount of
550,296.37, Pursuant to Invitation to Bid No. 42-02/03, for the Purchase and Delivery of a Trencher for the I
Public Works Department.
I
IWhether to award a contract to Ditch Witch of Central and South Florida, pursuant to Bid No. 42-02/03?
Summary/Recommendation:
The City had previously issued Invitation to Bid No. 78-01102 for the purchase of a Trencher. However, only
one bid was received from Vermeer Southeast Sales and Services Inc. ('Vermear') for $57,100 which
included a one (1) year extended warranty. Based on the fact that only one bid was received as a result of
specifications that may have restricted competition, the City Manager exercised his authority to reject the
sole bid received.
By re-bidding this purchase with revised specifications, the City received two bids, and realized a savings of
almost $7,000, and will receive a better extended warranty than the one previously proposed by Vermeer.
The Public Works Department is currently renting a Ditch W'~Ch, Model # 4010 Trencher, from Poes Tool &
Equipment Rental Inc., at an estimated annual cost of $77,760.
It b in the City's best interest to pumhase ils own trencher at a cost of $48,947.93, which includes a major
component limited warranty beginning on date of delivery for a period of 1000 hours of use or one year,
whichever occurs flint. There is a one (1) year extended warranty at a cost of $1,348.44, which includes pads
and labor on the major components of the trencher for a grand total of $50~296.37.
Advisor~ Board Recommendation:
tcial Inf~ ration:
Cit7 C~_,'~s Office Lec_~_!ative Tracking:
IFred Beckmann
Sign~)ffs: ... ......................................
[:;;: .................................... ........... .................................. ...........
T:~,OENDA~O03\j~13003\consen-t\lTl~42-02-03 Trencher summ~ry.d~- ~) '
AGENDA ITEM
CITY OF
MIAMI BEACH
1700 CONVENTION CENTER DRIVE, MIAMI BEACH, FLORIDA 33139
http:~ci.miaml-beach.fl.us
PROCUREMENT DIVISION
PUBLIC NOTICE
INVITATION TO BID NO. 42-02/03
Telephone (305) 673-7490
Facsimile (305) 673-7851
Sealed bids will be received by the City of Miami Beach Procurement Director, 3rd Floor, 1700
Convention Center Drive, Miami Beach, Florida 33139, until 3:00 p.m. on the 30TM day of June
2003 for:
PURCHASE AND DELIVERY OF A TRENCHER.
Description: City of Miami Beach is hereby requesting bids for the purchase and delivery of a
Trencher. The trencher will be used by the Street Lighting Division under Public Works Department
for the repair and replacement of all underground conduit in the City's street lighting system. The
specification in this bid consists of furnishing all labor, machinery, tools, means of transportation
within the City of Miami Beach. The trencher will be in accordance with the provided specification
or approved equal.
At time, date, and place above, bids will be publicly opened. Any bids or proposals received after
time and date specified will be returned to the bidder unopened. The responsibility for submitting a
bid/proposal before the stated time and date is solely and strictly the responsibility of the
bidder/proposer. The City is not responsible for delays caused by mail, courier service, including
U.S. Mail, or any other occurrence.
A Pre-Bid Conference will be held at 10:00 a.m. on June 13, 2003 at the City of Miami Beach
City Hall, in the First Floor Conference Room, located on the First Floor at 1700 Convention
Center Drive, Miami Beach Florida 33139.
Attendance at the Prebid Conference is highly encouraged and recommended as a source of
information but is not mandatory.
Bid Guaranty: N/A
The City of Miami Beach has contracted with BidNet and has begun utilizing a new central bid
notification system created exclusively for state and local agencies located in South Florida. Created
in conjunction with BidNet, this new South Florida Purchasing system has replaced the DemandStar
system and allow vendors to register online and receive notification of new bids, amendments and
awards. Vendors with Intemet access should review the registration options at the following website:
<http://www.govbids.com/scripts/southflorida/public/home 1.asp>
www.govbids.com/scripts/southflorida/public/home I .asp. If you do not have Internet access, please
call the BidNet(r) support group at 800-677-1997 extension # 214.
BID NO: No. 42-02/03 CITY OF MIAMI BEACH
DATE: 05/20/03 2
Any questions or clarifications concerning this Bid shall be submitted in writing by mail or facsimile
to the Procurement Division, 1700 Convention Center Drive, Miami Beach, FL 33139, or FAX:
(305) 673-7851. The Bid title/number shall be referenced on all correspondence. All questions must
be received no later than ten (10) calendar days prior to the scheduled Bid opening date. All
responses to questions/clarifications will be sent to all prospective bidders in the form of an
addendum.
The City of Miami Beach reserves the right to accept any proposal or bid deemed to be in the best
interest of the City of Miami Beach, or waive any informality in any proposal or bid. The City of
Miami Beach may reject any and all proposals or bids.
YOU ARE HEREBY ADVISED THAT THIS INVITATION TO BID IS SUBJECT TO THE
"CONE OF SILENCE, "IN ACCORDANCE WITH ORDINANCE NO. 2002-3378. A COPY
OF ALL WRITTEN COMMUNICATION(S) REGARDING THIS BID MUST BE FILED WITH
THE CITY CLERK.
YOU ARE HEREBY ADVISED THAT THIS INVITATION TO BID IS SUBJECT TO THE
"CODE OF BUSINESS ETHICS" ("CODE"), IN ACCORDANCE WITH RESOLUTION NO.
2000-23879.
YOU ARE HEREBY ADVISED THAT THIS REQUEST FOR BID IS SUBJECT TO THE
CAMPAIGN CONTRIBUTIONS BY VENDORS ORDINANCE NO. 2003-3389.
YOU ARE HEREBY ADVISED THAT THIS INVITATION TO BID IS SUBJECT TO THE
CITY OF MIAMI BEACH DEBARMENT ORDINANCE NO. 2000-3234.
YOU ARE HEREBY ADVISED THAT THIS INVITATION TO BID IS SUBJECT TO THE
BID SOLICITATION PROTEST ORDINANCE NO. 2002-3344.
YOU ARE HEREBY ADVISED THAT THIS INVITATION TO BID IS SUBJECT TO THE
CITY OF MIAMI BEACH LOBBYIST FEES DISCLOSURE ORDINANCE NO. 2002-3363.
CITY OF MIAMI BEACH
Gus Lopez, CPPO
Procurement Director
BID NO: No. 42-02/03 CITY OF MIAMI BEACH
DATE: 05/20/03 3
CITY OF MIAMI BEACH
1700 CONVENTION CENTER DRIVE, MIAMI BEACH, FLORIDA 33139
http:\\ci.miami-beach.fi.us
PROCUREMENT DIVISION
Telephone (305) 673-7490
Facsimile (305) 673-7851
I NOTICE TO PROSPECTIVE BIDDERS
NO BID
If not submitting a bid at this time, please detach this sheet from the bid documents,
complete the information requested, and return to the address listed above.
NO BID SUBMITTED FOR REASON(S) CHECKED AND/OR INDICATED:
Our company docs not handle this type of product/service.
~We cannot meet the specifications nor provide an alternate equal product.
Our company is simply not interested in bidding at this time.
Due to prior commitments, I was unable to attend pre-proposal meeting.
OTHER. (Please specify).
We do __ do not m want to be retained on your mailing list for future bids for the type or
product and/or service.
Signature:
Title:
Company:
Note: Failure to respond, either by submitting a bid o_.r this completed form, may result in your
company being removed from the City's bid list.
BID NO: No. 42-02/03 CITY OF MIAMI BEACH
DATE: 05/20/03 4
1.0
PURCHASE AND DELIVERY OF A TRENCHER.
BID g42-02/03
GENERAL CONDITIONS
1.1
SEALED BIDS:
Original copy of Bid Form as well as any other pertinent documents must be returned in
order for the bid to be considered for award. All bids are subject to the conditions specified
hereon and on the attached Special Conditions, Specifications and Bid Form.
The completed bid must be submitted in a sealed envelope clearly marked with the Bid Title
to the City of Miami Beach Procurement Division, 3rd floor, 1700 Convention Center Drive,
Miami Beach, Florida 33139. Facsimile bids will not be accepted.
1.2
EXECUTION OF BID:
Bid must contain a manual signature of an authorized representative in the space provided on
the Bid Form. Failure to properly sign bid shall invalidate same and it shall NOT be
considered for award. All bids must be completed in pen and ink or typewritten. No
erasures are permitted. If a correction is necessary, draw a single line through the entered
figure and enter the corrected figure above it. Corrections must be initialed by the person
signing the bid. Any illegible entries, pencil bids or corrections not initialed will not be
tabulated. The original bid conditions and specifications CANNOT be changed or altered in
any way. Altered bids will not be considered. Clarification of bid submitted shall be in
letter form, signed by bidders and attached to the bid.
1.3
NO BID:
If not submitting a bid, respond by returning the enclosed bid form questionnaire, and
explain the reason. Repeated failure to bid without sufficient justification shall be cause for
removal of a supplier's name from the bid mailing list.
1.4
PRICES QUOTED:
Deduct trade discounts and quote firm net prices. Give both unit price and extended total,
when requested. Prices must be stated in units of quantity specified in the bidding
specifications. In case of discrepancy in computing the amount of the bid, the UNIT PRICE
quoted will govern. All prices must be F.O.B. destination, freight prepaid (unless otherwise
stated in special conditions). Discounts for prompt payment. Award, if made, will be in
accordance with terms and conditions stated herein. Each item must be bid separately and
no attempt is to be made to tie any item or items in with any other item or items. Cash or
quantity discounts offered will not be a consideration in determination of award of bid(s).
1.5
TAXES:
The City of Miami Beach is exempt from all Federal Excise and State taxes. State Sales Tax
and Use Certificate Number is 04-00097-09-23.
BID NO: No. 42-02/03 CITY OF MIAMI BEACH
DATE: 05/20/03 5
1.6
1.7
1.8
1.9
1.10
PURCHASE AND DELIVERY OF A TRENCHER.
BID #42-02/03
MISTAKES:
Bidders are expected to examine the specifications, delivery schedules, bid prices and
extensions and all instructions pertaining to supplies and services. Failure to do so will be at
the bidder's risk.
CONDITION AND PACKAGING:
It is understood and agreed that any item offered or shipped as a result of this bid shall be the
latest new and current model offered (most current production model at the time of this bid).
All containers shall be suitable for storage or shipment, and all prices shall include standard
commercial packaging.
UNDERWRITERS' LABORATORIES:
Unless otherwise stipulated in the bid, all manufactured items and fabricated assemblies shall
be U.L. listed or re-examination listing where such has been established by U.L. for the
item(s) offered and furnished.
BIDDER'S CONDITIONS:
The City Commission reserves the right to waive irregularities or technicalities in bids or to
reject all bids or any part of any bid they deem necessary for the best interest of the City of
Miami Beach, FL.
EQUIVALENTS:
If bidder offers makes of equipment or brands of supplies other than those specified in the
following, he must so indicate on his bid. Specific article(s) of equipment/supplies shall
conform in quality, design and construction with all published claims of the manufacturer.
Brand Names: Catalog numbers, manufacturers' and brand names, when listed, are
informational guides as to a standard of acceptable product quality level only and should not
be construed as an endorsement or a product limitation of recognized and legitimate
manufacturers. Bidders shall formally substantiate and verify that product(s) offered
conform with or exceed quality as listed in the specifications.
Bidder shall indicate on the bid form the manufacturer's name and number if bidding other
than the specified brands, and shall indicate ANY deviation from the specifications as listed.
Other than specified items offered requires complete descriptive technical literature marked
to indicate detail(s) conformance with specifications and MUST BE INCLUDED WITH
THE BID. NO BIDS WILL BE CONSIDERED WITHOUT THIS DATA.
Lacking any written indication of intent to quote an altemate brand or model number, the bid
will be considered as a bid in complete compliance with the specifications as listed on the
attached form.
1.11 (NOT USED)
1.12 (NOT USED)
BID NO: No. 42-02/03 CITY OF MIAMI BEACH
DATE: 05/20/03 6
1.13
1.14
1.15
1.16
1.17
1.18
1.19
1.20
PURCHASE AND DELIVERY OF A TRENCHER.
BID #42-02/03
NON-CONFORMANCE TO CONTRACT CONDITIONS:
Items may be tested for compliance with specifications. Item delivered, not conforming to
specifications, may be rejected and returned at vendor's expense. These items and items not
delivered as per delivery date in bid and/or purchase order may be purchased on the open
market. Any increase in cost may be charged against the bidder. Any violation of these
stipulations may also result in:
A) Vendor's name being removed from the vendor list.
B) All'departments being advised not to do business with vendor.
SAMPLES:
Samples of items, when required, must be furnished free of expense and, if not destroyed,
will, upon request, be returned at the bidder's expense. Bidders will be responsible for the
removal of all samples furnished within (30) days after bid opening. All samples will be
disposed of after thirty (30) days. Each individual sample must be labeled with bidder's
name. Failure of bidder to either deliver required samples or to clearly identify samples may
be reason for rejection of the bid. Unless otherwise indicated, samples should be delivered to
the Procurement Division, 1700 Convention Center Drive, Miami Beach, FL 33139.
DELIVERY:
Unless actual date of delivery is specified (or if specified delivery cannot be met), show
number of days (in calendar days) required to make delivery after receipt of purchase order,
in space provided. Delivery time may become a basis for making an award. Delivery shall
be within the normal working hours of the user, Monday through Friday, excluding holidays.
INTERPRETATIONS:
Unless otherwise stated in the bid, any questions concerning conditions and specifications
should be submitted in writing to the Procurement Director, 1700 Convention Center Drive,
Miami Beach, FL 33139. Fax (305) 673-7851.
(NOT USED)
(NOT USED)
BID OPENING:
Bids shall be opened and publicly read on the date, time and place specified on the Bid
Form. All bids received after the date, time, and place shall be returned, unopened.
INSPECTION, ACCEPTANCE & TITLE:
Inspection and acceptance will be at destination unless otherwise provided. Title to/or risk
of loss or damage to all items shall be the responsibility of the successful bidder until
acceptance by the buyer unless loss or damage result from negligence by the buyer.
If the materials or services supplied to the City are found to be defective or not conform to
specifications, the City reserves the right to cancel the order upon written notice to the seller
and return product at bidder's expense.
BID NO: No. 42-02/03 CITY OF MIAMI BEACH
DATE: 05/20/03 7
1.21
1.22
1.23
1.24
1.25
1.26
1.27
1.28
1.29
PURCHASE AND DELIVERY OF A TRENCHER.
BID 042-02/03
PAYMENT:
Payment will be made by the City after the items awarded to a vendor have been received,
inspected, and found to comply with award specifications, free of damage or defect and
properly invoiced.
DISPUTES:
In case of any doubt or difference of opinion as to the items 'to be furnished hereunder, the
decision of the City shall be final and binding on both parties.
LEGAL REQUIREMENTS:
Federal, State, county and city laws, ordinances, rules and regulations that in any manner
affect the items covered herein apply. Lack of knowledge by the bidder will in no way be a
cause for relief from responsibility.
(NOT USED)
(NOT USED)
PATENTS & ROYALTIES:
The bidder, without exception, shall indemnify and save harmless the City of Miami Beach,
Florida and its employees from liability of any nature or kind, including cost and expenses
for, or on account of, any copyrighted, patented, or unpatented invention, process, or article
manufactured or used in the performance of the contract, including its use by The City of
Miami Beach, Florida. If the bidder uses any design, device or materials covered by letters,
patent, or copyright, it is mutually understood and agreed, without exception, that the bid
prices shall include all royalties or cost arising from the use of such design, device, or
materials in any way involved in the work.
OSHA:
The bidder warrants that the product supplied to the City of Miami Beach, Florida shall
conform in all respects to the standards set forth in the Occupational Safety and Health Act
of 1970, as amended, and the failure to comply with this condition will be considered as a
breach of contract. Any fines levied because of inadequacies to comply with these
requirements shall be borne solely by the bidder responsible for same.
SPECIAL CONDITIONS:
Any and all Special Conditions that may vary from these General Conditions shall have
precedence.
ANTI-DISCRIMINATION:
The bidder certifies that he/she is in compliance with the non-discrimination clause
contained in Section 202, Executive Order 11246, as amended by Executive Order 11375,
relative to equal employment opportunity for all persons without regard to race, color,
religion, sex or
national origin.
BID NO: No. 42-02/03 CITY OF MIAMI BEACH
DATE: 05/20/03 8
PURCHASE AND DELIVERY OF A TRENCHER.
BID g42-02/03
1.30 AMERICAN WITH DISABILITIES ACT:
Call (305) 673-7490/VOICE to request material in accessible format; sign language
interpreters (five days in advance when possible), or information on access for persons with
disabilities. For more information on ADA compliance please call Heidi Johnson Wright,
Public Works Department, at 305.673.7080.
1.31 QUALITY:
All materials used for the manufacture or construction of any supplies, materials or
equipment covered by this bid shall be new. The items bid must be new, the latest model, of
the best quality, and highest grade workmanship.
1.32
1.33
1.34
1.35
1.36
1.37
(NOT USED)
LIABILITY, INSURANCE, LICENSES AND PERMITS:
Where bidders are required to enter or go onto City of Miami Beach property to deliver
materials or perform work or services as a result of a bid award, the successful bidder will
assume the full duty, obligation and expense of obtaining all necessary licenses, permits and
insurance and assure all work complies with all applicable Dade County and City of Miami
Beach building code requirements and the South Florida Building Code. The bidder shall be
liable for any damages or loss to the City occasioned by negligence of the bidder (or agent)
or any person the bidder has designated in the completion of the contract as a result of his or
her bid.
BID GUARANTY: N/A
DEFAULT:
Failure or refusal of a bidder to execute a contract upon award, or withdrawal ora bid before
such award is made, may result in forfeiture of that portion of any bid surety required equal
to liquidated damages incurred by the City thereby, or where surety is not required, failure to
execute a contract as described above may be grounds for removing the bidder from the
bidders list
CANCELLATION:
In the event any of the provisions of this bid are violated by the contractor, the Procurement
Director shall give written notice to the contractor stating the deficiencies and unless
deficiencies are corrected within ten (10) days, recommendation will be made to the City
Commission for immediate cancellation. The City Commission of Miami Beach, Florida
reserves the right to terminate any contract resulting from this invitation at any time and for
any reason, upon giving thirty (30) days prior written notice to the other party.
BILLING INSTRUCTIONS:
Invoices, unless otherwise indicated, must show purchase order numbers and shall be
submitted in DUPLICATE to the City of Miami Beach, Accounts Payables Department,
1700 Convention Center Drive, Miami Beach, Florida 33139.
BID NO: No. 42-02/03 CITY OF MIAMI BEACH
DATE: 05/20/03 9
PURCHASE AND DELIVERY OF A TRENCHER.
BID #42-02/03
1.38
1.39
1.40
(NOT USED)
(NOT USED)
NOTE TO VENDORS DELIVERING TO THE CITY OF MIAMI BEACH:
Receiving hours are Monday through Friday, excluding holidays, from 8:30 A.M. to 5:00
P.M.
1.41
SUBSTITUTIONS:
The City of Miami Beach, Florida WILL NOT accept substitute shipments of any kind.
Bidder(s) is expected to furnish the brand quoted in their bid once awarded. Any substitute
shipments will be returned at the bidder's expense.
1.42
1.43
1.44
1.45
1.46
FACILITIES:
The City Commission reserves the fight to inspect the bidder's facilities at any time with
prior notice.
BID TABULATIONS:
Bidders desiring a copy of the bid tabulation may request same by enclosing a self-addressed
stamped envelope with the bid.
BID PROTEST PROCEDURES:
Bidders that are not selected may protest any recommendation for Contract award in
accordance with City of Miami Beach Ordinance No. 2002-3344, which establishes
procedures for resulting protested bids and proposed awards. Protest not timely pursuant
to the requirements of Ordinance No. 2002-3344 shall be barred.
(NOT USED)
CLARIFICATION AND ADDENDA TO BID SPECIFICATIONS:
If any person contemplating submitting a Bid under this Solicitation is in doubt as to the true
meaning of the specifications or other Bid documents or any part thereof, the Bidder must
submit to the City of Miami Beach Procurement Director at least ten (10) calendar days prior
to scheduled Bid opening, a request for clarification. All such requests for clarification must
be made in writing and the person submitting the request will be responsible for its timely
delivery.
Any interpretation of the Bid, if made, will be made only by Addendum duly issued by the
City of Miami Beach Procurement Director. The City shall issue an Informational
Addendum if clarification or minimal changes are required. The City shall issue a Formal
Addendum if substantial changes which impact the technical submission of Bids is required.
A copy of such Addendum shall be sent by mail or facsimile to each Bidder receiving the
Solicitation. In the event of conflict with the original Contract Documents, Addendum shall
govern all other Contract Documents to the extent specified. Subsequent addendum shall
govern over prior addendum only to the extent specified. The Bidder shall be required to
acknowledge receipt of the Formal Addendum by signing in the space provided on the Bid
BID NO: No. 42-02/03 CITY OF MIAMI BEACH
DATE: 05/20/03 10
1.47
PURCHASE AND DELIVERY OF A TRENCHER.
BID #42-02/03
Proposal Form. Failure to acknowledge Addendum shall deem its Bid non-responsive;
provided, however, that the City may waive this requirement in its best interest. The City
will not be responsible for any other explanation or interpretation made verbally or in writing
by any other city representative.
DEMONSTRATION OF COMPETENCY:
1) Pre-award inspection of the Bidder's facility may be made prior to the award of contract.
Bids will only be considered from firms which are regularly engaged in the business of
providing the goods and/or services as described in this Bid. Bidders must be able to
demonstrate a good record of performance for a reasonable period of time, and have
sufficient financial support, equipment and organization to insure that they can satisfactorily
execute the services if awarded a contract under the terms and conditions herein stated. The
terms "equipment and organization" as used herein shall be construed to mean a fully
equipped and well established company in line with the best business practices in the
industry and as determined by the City of Miami Beach.
2) The City may consider any evidence available regarding the financial, technical and other
qualifications and abilities of a Bidder, including past performance (experience) with the
City in making the award in the best interest of the City.
3) The City may require Bidders to show proof that they have been designated as authorized
representatives of a manufacturer or supplier which is the actual source of supply. In these
instances, the City may also require material information from the source of supply
regarding the quality, packaging, and characteristics of the products to be supplies to the City
through the designated representative. Any conflicts between this material information
provided by the source of supply and the information contained in the Bidder's Proposal may
render the Bid non-responsive.
4) The City may, during the period that the Contract between the City and the successful
Bidder is in force, review the successful Bidder's record of performance to insure that the
Bidder is continuing to provide sufficient financial support, equipment and organization as
prescribed in this Solicitation. Irrespective of the Bidder's performance on contracts
awarded to it by the City, the City may place said contracts on probationary status and
implement termination procedures if the City determines that the successful Bidder no longer
possesses the financial support, equipment and organization which would have been
necessary during the Bid evaluation period in order to comply with this demonstration of
competency section.
BID NO: No. 42-02/03
DATE: 05/20/03
CITY OF MIAMI BEACH
11
PURCHASE AND DELIVERY OF A TRENCHER.
BID #42-02/03
1.48
DETERMINATION OF AWARD
The City Commission shall award the contract to the lowest and best bidder. In
determining the lowest and best bidder, in addition to price, there shall be considered the
following:
a. The ability, capacity and skill of the bidder to perform the Contract.
b. Whether the bidder can perform the Contract within the time specified, without
delay or interference.
c. The character, integrity, reputation, judgement, experience and efficiency of
the bidder.
d. The quality of performance of previous contracts.
e. The previous and existing compliance by the bidder with laws and ordinances
relating to the Contract.
1.49
ASSIGNMENT:
The contractor shall not assign, transfer, convey, sublet or otherwise dispose of this contract,
including any or all of its right, title or interest therein, or his or its power to execute such
contract to any person, company or corporation without prior written consent of the City of
Miami Beach.
1.50
LAWS, PERMITS AND REGULATIONS:
The bidder shall obtain and pay for all licenses, permits and inspection fees required for this
project; and shall comply with all laws, ordinances, regulations and building code
requirements applicable to the work contemplated herein.
1.51
OPTIONAL CONTRACT USAGE:
As provided in Section 287.042 (17), Florida Statutes, other State agencies may purchase
from the resulting contract, provided the Department of Management Services, Division of
Procurement, has certified its use to be cost effective and in the best interest of the State.
Contractors have the option of selling these commodities or services certified by the Division
to the other State agencies at the agencies option.
1.52
SPOT MARKET PURCHASES:
It is the intent of the City to purchase the items specifically listed in this bid from the
awarded vendor. However, items that are to be ASpot Market Purchased_7=- may be purchased
by other methods, i.e. Federal, State or local contracts.
1.53 ELIMINATION FROM CONSIDERATION
This bid solicitation shall not be awarded to any person or firm which is in arrears to the City
upon any debt, taxes or contracts which are defaulted as surety or otherwise upon any
obligation to the City.
1.54 WAIVER OF INFORMALITIES
The City reserves the right to waive any informalities or irregularities in this bid solicitation.
BID NO: No. 42-02/03 CITY OF MIAMI BEACH
DATE: 05/20/03 12
PURCHASE AND DELIVERY OF A TRENCHER.
BID 042-02/03
1,55
1.56
1.57
1.58
1.59
ESTIMATED QUANTITIES
Estimated quantities or estimated dollars, if provided, are for City guidance only. No
guarantee is expressed or implied as to quantities or dollars that will be used during the
contract period. The City is not obligated to place any order for a given amount subsequent
to the award of this bid solicitation. Estimates are based upon the City's actual needs and/or
usage during a previous contract period. The City for purposes of determining the low bidder
meeting specifications may use said estimates.
COLLUSION
Bids from related parties. Where two (2) or more related parties each submit a bid or
proposal for any contract, such bids or proposals shall be presumed to be collusive. The
foregoing presumption may be rebutted by presentation of evidence as to the extent of
ownership, control and management of such related parties in the preparation and submittal
of such bids or proposals. Related parties mean bidders or proposers or the principals thereof
which have a direct or indirect ownership interest in another bidder or proposer for the same
contract or in which a parent company or the principals thereof of one (1) bidder or proposer
have a direct or indirect ownership interest in another bidder or proposer for the same
contract. Bids or proposals found to be collusive shall be rejected. Bidders or Proposers
who have been found to have engaged in collusion may be considered non-responsible, and
may be suspended or debarred, and any contract resulting from collusive bidding may be
terminated for default.
DISPUTES
In the event of a conflict between the documents, the order of priority of the documents shall
be as follows:
· Any agreement resulting from the award of this Bid (if applicable); then
· Addenda released for this Bid, with the latest Addendum taking precedence; then
· The Bid; then
· Awardee's Bid.
REASONABLE ACCOMMODATION
In accordance with the Title II of the Americans with Disabilities Act, any person requiring
an accommodation at the RFP opening because of a disability must contact Heidi Johnson
Wright at the Public Works Department at (305) 673-7080.
GRATUITIES
Proposers shall not offer any gratuities} favors, or anything of monetary value to any official,
employee, or agent of the City, for the purpose of influencing consideration of this proposal.
BID NO: No. 42-02/03 CITY OF MIAMI BEACH
DATE: 05/20/03 13
PURCHASE AND DELIVERY OF A TRENCHER.
BID 042-02/03
1.60
SIGNED BID CONSIDERED AN OFFER
The signed bid shall be considered an offer on the part of the bibber or contractor, which
offer shall be deemed accepted upon approval by the City Commission of the City of Miami
Beach, Florida and in case of default on the part of successful bidder or contractor, after such
acceptance, the City may procure the items or services from other sources and hold the
bidder or contractor responsible for any excess cost occasioned or incurred thereby.
Additionally, the City may take such action.
1.61
BID CLARIFICATION:
Any questions or clarifications concerning this Invitation to Bid shall be submitted in writing
by mail or facsimile to the Procurement Department, 1700 Convention Center Drive, Miami
Beach, FL 33139 FAX: (305) 673-7851. The bid title/number shall be referenced on all
correspondence. All questions must be received no later than ten (10) calendar days prior to
the scheduled bid opening date.
All responses to questions/clarifications will be sent to all prospective bidders in the form of
an addendum. NO QUESTIONS WILL BE RECEIVED VERBALLY OR AFTER SAID
DEADLINE.
1.62
TIE BIDS:
Please be advised that in accordance with Florida Statues Section 287.087, regarding
identical tie bids, preference will be given to vendors certifying that they have implemented
a drug free work place program. A certification form will be required at that time.
1.63
PUBLIC ENTITY CRIMES (PEC):
A person or affiliate who has been placed on the cOnvicted vendor list following a conviction
for public entity crimes 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 ora public building or public work, may not submit bids on leases of real property
to public entity, may not be awarded or perform work as a contractor, supplier, sub-
contractor, or consultant under a contract with a public entity, and may not transact business
with any public entity in excess of the threshold amount provided in Sec. 287.017, for
CATEGORY TWO for a period of 36 months from the date of being placed on the convicted
vendor list.
1.64
DETERMINATION OF RESPONSIVENESS:
Determination of responsiveness taken place at the time of bid opening and evaluation. In
order to be deemed a responsive bidder, your bid must conform in all material respects to the
requirements stated in their Bid.
1.65
DELIVERY TIME:
Vendors shall specify on the attached Bid Form, the guaranteed delivery time (in calendar
days) for each item. It must be a firm delivery time, no ranges will be accepted, i.e.; 12-14
days.
BID NO: No. 42-02/03 CITY OF MIAMI BEACH
DATE: 05/20/03 14
1.66
1.67
PURCHASE AND DELIVERY OF A TRENCHER.
BID #42-02/03
CONE OF SILENCE
This invitation to bid is subject to the "Cone of Silence" in accordance with Ordinance No.
2002-3378. A copy of all written communication(s) regarding this bid must be filed with the
city clerk.
INSURANCE AND INDEMNIFICATION:
(See Check List for applicability to this contract)
The contractor shall be responsible for his work and every part thereof, and for all materials,
tools, appliances and property of every description, used in connection with this particular
project. He shall specifically and distinctly assume, and does so assume, all risks of damage
or injury to property or persons used or employed on or in connection with the work and of
all damage or injury to any person or property wherever located, resulting from any action or
operation under the contract or in connection with the work. It is understood and agreed that
at all times the contractor is acting as an independent contractor.
The contractor, at all times during the full duration of work under this contract, including
extra work in connection with this project shall meet the following requirements:
Maintain Worker's Compensation and Employer's Liability Insurance to meet the statutory
requirements of the State of Flotida.
Maintain Comprehensive General Liability Insurance in amounts prescribed by the City (see
checklist for limits) to protect the contractor in the interest of the City against all risks of
injury to persons (including death) or damage to property wherever located resulting from
any action or operation under the contract or in connection with the work. This policy is to
provide coverage for premises/operations, independent contractor, broad form property
damage, products/completed operations and contractual liability.
Maintain Automobile Liability Insurance including Property Damage coveting all owned,
non-owned or hired automobiles and equipment used in connection with the work.
Maintain any additional coverages required by the Risk Manager as indicated on the
Insurance Check List. Name the City of Miami Beach as an additional insured on all liability
policies required by this contract. When naming the City of Miami Beach as an additional
insured onto your policies, the insurance companies hereby agree and will endorse the
policies to state that the City will not be liable for the payment of any premiums or
assessments. A copy of the endorsement(s) naming the City of Miami Beach as an
additional insured is required and must be submitted to the City's Risk Manager.
No change or cancellation in insurance shall be made without thirty (30) days written notice
to the City of Miami Beach Risk Manager.
BID NO: No. 42-02/03 CITY OF MIAMI BEACH
DATE: 05/20/03 15
PURCHASE AND DELIVERY OF A TRENCHER.
BID #42-02/03
All insurance policies shall be issued by companies authorized to do business under the laws
of the State of Florida and these companies must have a rating of at least B+:VI or better per
Best's Key Rating Guide, latest edition.
Original signed Certificates of Insurance, evidencing such coverages and endorsements as
required herein, shall be filed with and approved by the City of Miami Beach Risk Manager
before work is started. The certificate must state Bid Number and Title. Upon expiration of
the required insurance, the contractor must submit updated certificates of insurance for as
long a period as any work is still in progress.
It is understood and agreed that all policies of insurance provided by the contractor are
primary coverage to any insurance or self-insurance the City of Miami Beach possesses that
may apply to a loss resulting from the work performed in this contract.
All policies issued to cover the insurance requirements herein shall provide full coverage
from the first dollar of exposure. No deductibles will be allowed in any policies issued on
this contract unless specific safeguards have been established to assure an adequate fund for
payment of deductibles by the insured and approved by the City's Risk Manager.
The liability insurance coverage shall extend to and include the following contractual
indemnity and hold harmless agreement:
"The contractor hereby agrees to indemnify and hold harmless the City of Miami Beach, a
municipal corporation, its officers, agents, and employees from all claims for bodily injuries
to the public in and up to the amount of $1,000,000.00 for each occurrence and and for all
damages to the property of others in and up to the amount of $1,000,000.00 for each
occurrence per the insurance requirement under the specifications including costs of
investigation, all expenses of litigation, including reasonable attorney fees and the cost of
appeals arising out of any such claims or suits because of any and all acts of omission or
commission of any by the contractor, his agents, servants, or employees, or through the mere
existence of the project under contract".
The foregoing indenmity agreement shall apply to any and all claims and suits other than
claims and suits arising out of the sole and exclusive negligence of the City of Miami Beach,
its officers, agents, and employees, as determined by a court of competent jurisdiction.
The contractor will notify his insurance agent without delay of the existence of the Hold
Harmless Agreement contained within this contract, and furnish a copy of the Hold Harmless
Agreement to the insurance agent and carrier.
The contractor will obtain and maintain contractual liability insurance in adequate limits for
the sole purpose of protecting the City of Miami Beach under the Hold Harmless Agreement
from any and all claims arising out of this contractual operation.
BID NO: No. 42-02/03 CITY OF MIAMI BEACH
DATE: 05/20/03 16
PURCHASE AND DELIVERY OF A TRENCHER.
BID 042-02/03
The contractor will secure and maintain policies of subcontractors. All policies shall be
made available to the City upon demand. Compliance by the contractor and all
subcontractors with the foregoing requirements as to carrying insurance and furnishing
copies of the insurance policies shall not relieve the contractor and all subcontractors of their
liabilities and obligations under any Section or Provisions of this contract. Contractor shall
be as fully responsible to the City for the acts and omissions of the subcontractor and of
persons employed by them as he is for acts and omissions of persons directly employed by
him.
Insurance coverage required in these specifications shall be in force throughout the contract
tenn. Should any awardee fail to provide acceptable evidence of current insurance within
seven days of receipt of written notice at any time during the contract term, the City shall
have the right to consider the contract breached and justifying the termination thereof.
If bidder does not meet the insurance requirements of the specifications; alternate insurance
coverage, satisfactory to the Risk Manager, may be considered.
It is understood and agreed that the inclusion of more than one insured under these policies
shall not restrict the coverage provided by these policies for one insured hereunder with
respect to a liability claim or suit by another insured hereunder or an employee of such other
insured and that with respect to claims against any insured hereunder, other insureds
hereunder shall be considered members of the public; but the provisions of this Cross
Liability clause shall apply only with respect to liability arising out of the ownership,
maintenance, use, occupancy or repair of such portions of the premises insured hereunder as
are not reserved for the exclusive use of occupancy of the insured against whom claim is
made or suit is filed.
BID NO: No. 42-02/03 CITY OF MIAMI BEACH
DATE: 05/20103 17
INSURANCE CHECK LIST
XXX 1.
Workers' Compensation and Employer's Liability per the Statutory limits of the state of
Florida.
Comprehensive General Liability (occurrence form), limits of liability $1,000,000.00
per occurrence for bodily injury property damage to include Premises/Operations;
Products, Completed Operations and Contractual Liability. Contractual Liability and
Contractual Indemnity (Hold harmless endorsement exactly as written in "insurance
requirements" of specifications).
Automobile Liability - $1,000,000 each occurrence
automobiles included.
owned/non-owned/hired
__ 4. Excess Liability - $
.00 per occurrence to follow the primary coverages.
The City must be named as and additional insured on the liability policies; and it must
be stated on the certificate.
6. Other Insurance as indicated:
__ Builders Risk completed value
__ Liquor Liability
__ Fire Legal Liability
__ Protection and Indemnity
__ Employee Dishonesty Bond
Other
$ .00
$ .00
$ .00
$ .00
$ .00
$ .00
XXX 7. Thirty (30) days written cancellation notice required.
XXX 8. Best's guide rating B+:VI or better, latest edition.
XXX 9. The certificate must state the bid number and title
BIDDER AND INSURANCE AGENT STATEMENT:
We understand the Insurance Requirements of these specifications and that evidence of this
insurance may be required within five (5) days afte_r bid oi~ni~g.
Ditch Witch of Central and ~~__..~.~--~-~
South Florida
Bidder Si idder
BID NO: No. 42-02/03 CITY OF MIAMI BEACH
DATE: 05/20/03 18
2.0
PURCHASE AND DELIVERY OF A TRENCHER.
BID #42-02/03
SPECIAL CONDITIONS
2.1
2.2
2.3
2.4
PURPOSE:
Purchase and Delivery of a trencher will be used by the Street Lighting Division under
Public Works Department for the repair and replacement of all underground conduit in the
City's street lighting system within the City of Miami Beach.
TERM OF CONTRACT: N/A
(NOT USED)
(NOT USED)
2.5
2.6
2.7
2.8
2.9
2.10
ADDITIONS/DELETIONS OF FACILITIES: N/A
PRICES SHALL BE FIXED AND FIRM FOR TERM OF CONTRACT: N/A
PRE-BID CONFERENCE/SITE INSPECTION:
A Pre-Bid Conference will be held at 10:00 a.m. on June 13th, 2003 at the City of Miami
Beach City Hall, in the First Floor Conference Room, located on the First Floor at 1700
Convention Center Drive, Miami Beach Florida 33139.
(NOT USED)
VENDOR APPLICATION
The City of Miami Beach has contracted with BidNet and has begun utilizing a new central
bid notification system created exclusively for state and local agencies located in South
Florida. Created in conjunction with BidNet, this new South Florida Purchasing system has
replaced the DemandStar system and allow vendors to register online and receive
notification of new bids, amendments and awards. Vendors with Internet access should
review the registration options at the following website:
<http://www.govbids.com/scripts/southflorida/public/home 1 .asp>
www.govbids.com/scripts/southflorida/public/homel.asp. If you do not have Internet
access, please call the BidNet support group at 800-677-1997 extension # 214.
CONTACT PERSON:
The contact person for this Invitation to Bid is Adeola Osoba. The contact person may be
reached by phone: 305.673.7490; fax: 305.673.7851; or e-mail:
adeolaosoba(~,miamibeachfl.flov. Communications between a proposer, bidder, lobbyist
or consultant and Procurement Staffis limited to matters of process or procedure. Requests
for additional information or clarifications must be made in writing to the contact person,
with a copy to the City Clerk, no later than ten (10) calendar days prior to the scheduled Bid
opening date.
BID NO: No. 42-02/03 CITY OF MIAMI BEACH
DATE: 05/20/03 19
PURCHASE AND DELIVERY OF A TRENCHER.
BID ~42-02/03
The City will issue replies to inquiries and any other corrections or amendments it deems
necessary in written addenda issued prior to the deadline for responding to the Bid. Bidders
should not rely on representations, statements, or explanations other than those made in this
Bid or in any written addendum to this Bid. Bidders should verify with the Procurement
Division prior to submitting a proposal that all addenda have been received.
YOU MUST FAMILIARIZE YOURSELF WITH GENERAL CONDITION 1.66,
ENTITLED CONE OF SILENCE, WHICH SETS FORTH THE POLICIES AND
PROCEDURES RELATIVE TO ORAL AND WRITTEN COMMUNICATIONS.
SAMPLES: N/A
2.11 (NOT USED)
2.13 LIQUIDATED DAMAGES: N/A
2.14
DISCOUNTS:
Bids shall be submitted on the basis of a discount from a manufacturer's published price
list(s). Such published price list(s) must be common to, and accepted by, the industry in
general. The lists must be printed, properly identified, and dated as to issuance and
effectiveness. Revised published prices list(s) may be used as a means of price adjustments.
However, all bids are to be firm for a period of 30calendar days after the bid opening date
and revised price list(s) will not be accepted by the City until after that date. Revised
published price list(s) will be accepted only in the event of an industry-wide price change, as
evidenced by the issuance of revised price lists by the manufacturer. Revised prices will not
become effective until revised list(s) are submitted to the City under the vendor cover letter
identifying the applicable bid number. Vendor cover letter and pricing list(s) must be dated,
signed and submitted to the Procurement Director.
2.15 ESTIMATED QUANTITIES: N/A
2.16 HOURLY RATE: Hourly labor rates are specified as follows:
Hourly Labor Rate I - hourly rate for straight time repairs, i.e. from 8:00 a.m. to 5:00 p.m.
Monday - Friday (rate is to include labor and travel, parts are not included).
Hourly Labor Rate II - hourly rate for overtime repairs, i.e. before 8:00 a.m. or after 5:00
p.m., or on weekends or holidays. (rate to include labor and travel, parts not included.)
2.17
WARRANTY:
The successful bidder will be required to warranty all equipment supplied. Warranty shall be
described in detail on the attached Bid Form.
2.18
PRODUCT/CATALOG INFORMATION
All bidders upon request submit product information on the product they propose to furnish
BID NO: No. 42-02/03 CITY OF MIAMI BEACH
DATE: 05120/03 20
2.19
2.20
or their bid may be consider non-responsive.
PURCHASE AND DELIVERY OF A TRENCHER.
BID//42-02/03
REFERENCES (PROVIDE 8 REFERENCES, IN THE CUSTOMER REFERENCE
FORM ON PAGE 29)
COMPLETE PROJECT REQUIRED:
The scope of these specifications is to insure the delivery of complete units, ready for
operation. Omission of any essential detail from these specifications does not relieve the
supplier from furnishing a complete working unit to the satisfaction of the City of Miami
Beach.
Workmanship of units will be inspected and approved by the Public Works Department
designated representative.
2.21
2.22
2.23
2.24
2.25
FACILITY LOCATION:
Fleet Management at 140 Mac Arthur Causeway Miami Beach, FL 33139
BIDDER QUALIFICATIONS:
In order for bids to be considered, bidders must submit with their bid, evidence that they are
qualified to satisfactorily perform the specified work. Evidence shall include all information
necessary to certify that the bidder: maintains a permanent place of business; has technical
knowledge and practical experience in the type of equipment included in this scope of work;
has available the organization and qualified manpower to do the work; has adequate financial
status to meet the financial obligations incident to the work; has not had just or proper claims
pending against him or his work; and has (PURCHASED/PROVIDED) Trencher. The
evidence will consist of listing of work that has been provided to public and private sector
clients, ei. nature of WORK within the last three (3) years.
LATE BIDS:
At time, date, and place above, bids will be publicly opened. Any bids or proposals received
after time and date specified will be returned to the bidder unopened. The responsibility for
submitting a bid/proposal before the stated time and date is solely and strictly the
responsibility of the bidder/proposer. The City is not responsible for delays caused by mail,
courier service, including U.S. Mail, or any other occurrence.
EXCEPTIONS TO SPECIFICATIONS:
Exceptions to the specifications shall be listed on the Bid Form and shall reference the
section. Any exceptions to the General or Special Conditions shall be cause for the bid to be
considered non-responsive.
COMPLETE INFORMATION REQUIRED ON BID FORM:
All bids must be submitted on the attached Bid Form and all blanks filled in. To be
considered a valid bid, the ORIGINAL AND ONE COPY of the Bid Form pages and all
required submittal information must be returned, properly completed, in a sealed envelope as
outlined in the first paragraph of General Conditions.
BID NO: No. 42-02/03 CITY OF MIAMI BEACH
DATE: 05/20/03 21
2.26
2.27
PURCHASE AND DELIVERY OF A TRENCHER.
BID #42-02/03
MAINTENANCE AGREEMENT:
Bidder shall quote on the appropriate space on the Bid Form, a per year cost for full
service/parts maintenance agreement to commence at the end of the warranty period. This
agreement will be accepted at the sole discretion of the City of Miami Beach. Maintenance
price shall include all parts/labor (including travel time) for the entire systems installed
under this bid. Bidder shall also state response time from time of call. This agreement shall
'be for a minimum of five (5) years, on a year to year basis, and may be extended upon
mutual agreement of both parties.
The Bidder shall quote an hourly labor rate for repairs (in accordance with Section 2.16 of
the Special Conditions) in the appropriate space on the Bid Form, in the event the City of
Miami Beach elects not to choose the maintenance agreement.
EQUAL PRODUCT:
Manufacturer's name, brand name and model number are used in these specifications for the
purpose of establishing minimum requirement of level of quality, standards of performance
and design required and is in no way intended to prohibit the bidding of other manufacturer's
items of equal material, unless otherwise indicated. Equal (substitution) may be bid,
provided product so bid is found to be equal in quality, standards of performance, design,
etc. to item specified, unless otherwise indicated. Where equal is proposed, bid must be
accompanied by complete factory information sheets (specifications, brochures, etc.)
and test results of unit bid as equal.
BID NO: No. 42-02/03 CITY OF MIAMI BEACH
DATE: 05/20/03 22
3.0
PURCHASE AND DELIVERY OF A TRENCHER.
BID 042-02/03
MINIMUM SPECIFICATIONS
Purpose and Necessity
The trencher is to be used by the Street Lighting Division for the repair and replacement of all
underground conduct in the City's street lighting system. The trencher:
1. Must be capable of cutting through a minimum of 4 inches of asphalt combined with a
minimum of 12" of compacted lime rock in a smooth and efficient manner and without
undue stress on the machine.
2. Trencher attachment shall be of a chain type with a tooth pattern that will provide as little
kickback as possible in the aforementioned material.
3. Trencher must produce a minimum depth of 48 inches and minimum trench width of 8
inches.
4. A strongly desired option: Auxiliary hydraulic hand tool connection (if possible)
5. Equipment shall meet the specification or equal as it will be used daily in often
adverse/weather conditions.
General
Specifications:
·
·
·
·
Minimum Specifications
riding unit
70 horsepower class minimum
four wheel hydrostatic ground drive
hydrostatic attachment drive
rubber tires
shall be delivered with an operator's manual, a service and repair manual, and a parts
manual.
Shall have waming light or gauge to monitor fuel level, engine oil pressure, charging
volts or amps, engine temp and hydraulic oil temp, to include and audible alarm or
automatic shut down system.
Shall include training of a minimum of 2 hours for a minimum of 4 City of Miami Beach
employees.
Shall include an hour meter on driver's console.
Engine
Specifications:
· liquid cooled
· shall have cold start assist system.
· At least 70 horsepower.
· Neutral safety start switch on attachment drive to ensure engine won't start if attachment
is engaged or similar
BID NO: No. 42-02/03 CITY OF MIAMI BEACH
DATE: 05/20/03 23
PURCHASE AND DELIVERY OF A TRENCHER.
BID g42-02/03
Controls
Specifications:
· Located conveniently for operator accessibility and safety preferably near operator's seat
· Rear attachment controls & operator's seat to swivel 90-180 degrees for safety purposes
· Operator's seat to slide backward/forward and should be able to accommodate various
sized operators.
· Must be equipped with automotive alarming system such as horn.
Hydraulic System
Specifications:
· Tractor to have oil cooler and hydraulic oil reservoir
· Tank must be visible externally (i.e. glass or similar) for checking hydraulic oil
· Hot oil shuttle that pulls hot oil from system to re-circulate oil thru oil cooler, reservoir,
and filter cooling and cleaning the oil.
Backfill Blade
Specifications:
· Six-way hydraulic backfill blade controlled by operator's station.
Brakes
Specification:
· Foot operated service brake for normal braking
· Shall have mechanical parking brake
Ground Drive
Specifications:
· Trench or transporting through hydrostatic drive with infinitely variable speed control
forward and reverse.
· Two-speed gearbox and two-speed ground drive motor for four different ground drive
speeds or similar alternative.
· Creep switches and foot pedal with creep override
Attachment Drive
Specifications:
· hydrostatic pump with inf'mitely variable speed control
Trencher Attachment
Specifications:
· Digging attachment capable of digging 8 inches wide and 48 inches deep.
· Adjustable digging chain tension by means of positive boom adjustment bolt located
outside of boom tube.
BID NO: No. 42-02/03 CITY OF MIAMI BEACH
DATE: 05/20/03 24
PURCHASE AND DELIVERY OF A TRENCHER.
BID g42-02/03
Trencher Chain
Specifications:
* Digging chain with tensile strength of 97,000 lbs minimum.
Trencher Teeth
Specifications:
· made of steel (or equal alloy)
· bolt-on adapters using rock/frost type bit with carbide insert.
The manufacturer or distributor shall ensure the equipment offered for consideration will
perform the job/tasks indicated above under "Purpose and Necessity".
BID NO: No. 42-02/03 CITY OF MIAMI BEACH
DATE: 05/20/03 25
PURCHASE AND DELIVERY OF A TRENCHER.
BID g42-02/03
3.1 MINIMUM SPECIFICATIONS (CONT.)
We propose for the supply and delivery of a Trencher to the City of Miami Beach in accordance to the Bid
specification, as follows: Manual, Transportation, and Training
Bid Proposal Page 1 of 2
LINE ITEM QTY. UNIT PRICE TOTAL
1) Trencher 1 $48,947.93 $ 48,947.93
Manufacture: Ditch Witch
Model: RT70H
Delivery Days(ARO) 30 Days
One (1) year or 1,000
Wa~anW hours, whichever Years(Section2.23)
comes first.
TOTAL
$48,947.93
Optional:
Maintenances Agreement for service/parts (See Sec.2.26) $ N/A
Hourly labor rate $ N/A
Extended Warranty: $ 1,348.44
GRAND TOTAL:
per year
$50,296.37
In the event the City of Miami Beach's specifications do not match the funetion/speeifeations, the
manufacturer/distributor is responsible for providing alternatives with justification.
BID NO: No. 42-02/03 CITY OF MIAMI BEACH
DATE: 05/20/03 26
~un-24-03 OD:16am From-Lourd. Santo~ 666-684-0556 ?-358 P.003/006 F-~66
Ditch Witch of Central and South Florida
:31643 Executive Blvd.
Leesburg, FL 34748-8735
Phone (877) 392-3273
Fax (954) 341-5867
CITY OF MIAMI BEACH
(305) 673-7490
1700 CONVENTION CENTER DRIVE Date:
MIAMI BEACH, FL 33139- I / Sale~13,~son:
Quote valid f~. 30 days: until ~ ~ /
Q~3te: 1150-SRAMES
6/2412003
Raul Santos
RT'/0H Basic Unit
The Ditch Witch Model R'IT0 hydrostatic unit can be used with a variety of front and rear attachments. The
basic power unit is pdcecl less all options and attachments. Select these items from the appropriate lists.
The basic power unit incJudes the following: John Deem 4045DF150 water-cooled diesel engine (70 hp
gross ~ 2,500 rpm), Four-wheel drive, 4 - post Roll Over Protective Structure, Hand throttle, Enclosed
and lubricated gearbox, Automotive type steeling on oscillating Carraro front differential, Deluxe adjustable
operator's seat, Seat belt, Parking brake, 12 voit electric start, Voltmeter, Tachometer with hourmeter, Air
filter resb'iction indicator, Hydraulic filter restriction indicator, Interlock start monitor, Test ports fa' system
pressure, Fuel gauge, Engine oil pressure gauge, Engine temperature gauge, and a Auxiliary hydraulic
system pressure gauge.
I I 015-161
2 1 100-073
3 4 205-451
4 I 275-83.5
5 I 331-7'47
6 I 600-257
7 I 600-44-2
8 1 601-095
9 I co02-g79
10 I 6O4-056
11 I 604-517
12 I 604-598
H910
:te.__~_m
13 1 100-020
14 I 100-7~
15 1 131-197
16 I 140-665
17 I 141-264
18 I 141-520
19 I 141-521
20 I 141-659
21 I 143-023
22 1 145-1 O9
23 I 145-110
24 I 145-244
25 t 150-749
26 I 166-056
27 I 275-855
Description
RT70H (l~asic Unit)
Counterweight Kit
T/W (31 X 15.50-15, E10tt)
Decal Kit - RT70
Bacldfll Blade Assembly (72")
Carraro Rigid Axle-70
Cold Start Kit
Rigid Rear Differential Kit
RT701901115 Tilt Blade Ship Kit
Shipping Kit
Standard Ground Drive Pump Kit
4 Post ROPS
H910 Rear Attachment
center position, 24" pivot trenching attachment
Q_~ Part Numbe~ ~
H910 Centerline Trencher
Boom Fit-up Kit
110K 2P Shad( II W-O 62P 8.0"
Auger Drive Sprocket Assembly
Personnel Restraint Bar (62P)
Right Auger Bracket
Left Auger Bracket
3P LTR Heavy Duty Wear Bar Boom 62P
Boom Tube (52")
Right Auger
Left Auger Assembly
Double Auge~ Shaft
Grease Cylinder Ass'y (Heavy Duty)
Gear Box - 11.65:1 (Standa'd)
Decal Kit - H910
Page 1
Jun-24-03 09:15am From-Lourdes Santos 856-684-0556 T-358 P.004/006 F-Z68
C!TY OF MIAMI BEACH Quote: 1150-SRAMES
(305) 673-7490 Date: 6/24/2003
1700 CONVENTION CENTER DRIVE ~ on: Paul Santos
Price Quote ~
Quote valid foe 30 days, until ~' /
28 I 604~537 H910 Ship l~t (R370)
29 1 604-54'I Wear Bar Kit
Estimatecl Total Weight Is:
12,529.00 Lbs (51~-~ Kgs)
TOtal Amount
U.S. Dollars
Page 2
'Ditch Witch'
]" UNDERGROUNDAU'Tr TT
CITY OF MIAMI BEACIt WORLDWIDE.'"
(305) 673-7490
1700 CONVENTION CENTER DRIVE
MIAMI BEACH, FL 33139-
Ditch Witch
Authorized Ditch Witch' Dealer
of Central & South Florida
31643 Executive Blvd.
Leesburg, FL 34748
(352) 638-9126
Quote: 1145-S~ (352) 365-9695
Date: 611912003
Price Quote q/)/O $,,~l~spemo.: Raul Sanlos
0_u.0!_e_ v@l!d_ f@r: _30. d__ay.s, un. Ii! ~ .
RTTOH
Limited Extended Warranly Coverage List
* Ground drive
' Di~lging Allachmenl
* Vibrator drive
Electrical Components * Alternator
* Ground drive control (EDC & PQ)
* Wiring harnesses
*Guage cluster
* Cruise control module
Engine * All paris fully enclosed in block
* Injector pump
* Injection nozzles
* Cylinder head
* Engine block
* Water pump
Frames & ROPS
* Attachment frame
* machine frame
~ Roll over protection structure
Gear Drives
* Attachment drive gearbox
* Ground drive gearbox
* Lower drive train (includes differential
Ilousings, planetary wheel ends, bearings,
Ihird members, axle shafts, spindles, drive
shafts, yokes and universal joints
* Vibrator assembly
Hydraulic Components - Cylinders * Attachment swing
* Backfill blade angle
* Backfill blade lift
* Backfill blade tilt
* Boom lift
* Frame tilt
* Front steering
* Rear steering
* Trench cleaner
* Plow lift
* Plow steering
* Saw swing
* Traversing
Hydraulic Components - Pumps * Auxiliary
* Attachment
' Ground drive
Hydraulic Components & Vulvae ' Attachment control valve
* Backfill blade valves
* Diversion (dump) valve
* Rear steer valve
* Steering valve
* Combo select valve
· Iff/Lo shift valve
* Tow/flush valve
· Reel Carrier valve
Other
Brake master cylinder
Parking brake caliper (excludes pads)
Service brake caliper (excludes pads)
Reservoirs & Coolers * Engine cooling radiator
' Fuel reservoir
* Hydraulic oil cooler
· Hydraulic oil reservoir
Motors, Pumps, Cylinder(s), Gear Drive.~ Seal,
O-ring or gasket replacement due to normal
wear is not included in Limiled Extended
Warranty.
Engine: Engine warranly coverage begins when
engine manufacture's warranty expires.
ttydraulic Components & Valve(s): Includes
valve body(s) & spool(a), solenoid(s), port
check(s) & relief valve(s), pilot operated
check(s), anli-cavilalion check(s), spring
centering and detent kits. Lever, linkage, seal,
O-ring or gasket replacemenl duo to normal
wear are not included in Ihe Limited Extended
Warranty.
I iy(lcmdic Coflll)olleltt~ - Motols
PURCHASE AND DELIVERY OF A TRENCHER.
BID g42-02/03
PAYMENT TERMS: NET 30. If other, specify here
ANY LETTERS, ATTACHMENTS, OR ADDITIONAL INFORMATION
CONSIDERED PART OF THE BID MUST BE SUBMITTED IN DUPLICATE.
SUBMITTED BY:
COMPANY NAME:
SIGNED:
Kent Stephenson
D i~W~)Central and South Florida
(I c~tif~ [ha~ an~ ~d-~o execute this proposal and
commit the bidding firm)
Bidders must acknowledge receipt of addendum (if applicable).
Addendum No. 1:
NAME/TITLE(Print):
ADDRESS:
CITY/STATE:
TELEPHONE NO:
FACSIMILE NO:
Addendum No. 2:
Insert Date Insert Date
- 3 $',a.O.
TO
BE
BID NO: No. 42-02/03 CITY OF MIAMI BEACH
DATE: 05/20/03 27
PURCHASE AND DELIVERY OF A TRENCHER.
BID g42-02/03
BID CHECK LIST
To ensure that your bid is submitted in conformance with the Contract Documents, please verify that
the following items have been completed and submitted as required.
X Original and one copy of bid (including all submittal information)
General Conditions Section 1.1
Special Conditions Section 2.25
X Execution of Bid
General Conditions Section 1.2
X Equivalents/Equal Product
General Conditions Section 1.10
Special Conditions Section 2.27
Insurance and Indemnification (including Insurance Checklist)
X General Conditions Section 1.67
Bid Guaranty/Performance Bond
X General Conditions Section 1.34
X Warranty
Special Conditions Section 2.17
X Product/Catalog Information
Special Conditions Section 2.18
References
X
Special Conditions Section 2.19 / Page 29
Bidder Qualifications
X
Special Conditions Section 2.22
X Exceptions to Specifications
Special Conditions Section 2.24
Contractor's Questionnaire
X (Page 31)
BID NO: No. 42-02/03 CITY OF MIAMI BEACH
DATE: 05/20/03 28
PURCHASE AND DELIVERY OF A TRENCHER.
BID #42-02/03
CUSTOMER REFERENCE LISTING
Bidder's shall furnish the names, addresses, and telephone numbers of a minimum of eight (8) firms
or government organizations for which the Contractor is currently furnishing or has furnished,
similar services.
(See Section 2.19 References, page 29)
1)
Company Name City of Kissimmee
100 North Church Street
Address Kissimmee, Florida 34741
Contact Person/Contract Amount Purchasing Agent
Telephone No401-518-2510
Fax No.
2)
Company Name City of Crystal River
123 Northwest Highway 19
Address Crystal River, Florida 34428
Contact Person/Contract Amount Purchasing Agent
Telephone No. 351-795-4216
Fax No.
3)
Company Name Verizon Communications
2701 South Johnson Street
Address San Angelo, Texas 76904
Contact Person/Contract Amount Purchasing Agent
Telephone No. 915-944-6119 Fax No.
4)
Company Name
Address
City of Leesburg
Post Office Box 490630
Leesburg, Florida 34749
Contact Person/Contract Amount Purchasing Agent
Telephone No. 352-728-9830 Fax No.
BID NO: No. 42-02/03 CITY OF MIAMI BEACH
DATE: 05/20/03 29
PURCHASE AND DELIVERY OF A TRENCHER.
BID #42-02/03
CUSTOMER REFERENCE LISTING (Contd.)
5)
6)
7)
8)
Company Name Broward County School Board
7720 West Oakland Park Boulevard
Address Sunrise, Florida 33351
Contact Person/Contract Amount Purchasing Agent
Telephone No. 954-765-6753 Fax No.
Company Name United Space Alliance
8550 Astronaut Boulevard
Address Cape Canaveral, Florida 32920
Contact Person/ConWact Amount Purchasing Agent
Telephone No. 321-861-6886 Fax No.
Company Name Bonita Springs Utilities
11860 East Terry Street
Address Bonita Springs, Florida
34135
Contact Person/Contract Amount Purchasing Agent
Telephone No. 941-992-1711 Fax No.
Company Name
Address
Contact Person/Contract Amount
Telephone No. 352-351-6759
City of Ocala
Post Office Box 1270
Ocala, Florida 34478
Purchasing Agent
Fax No.
BID NO: No. 42-02/03 CITY OF MIAMI BEACH
DATE: 05/20/03 30
CONTRACTOR'S QUESTIONNAIRE
NOTE:
Information supplied in response to this questionnaire is subject to verification.
Inaccurate or incomplete answers may be grounds for disqualification from
award of this bid.
Submitted to The Mayor and City Commission of the City of Miami Beach, Florida:
By. Ditch Witch of Central and South Florida
PrincipalOffice 31643 Executive Boulevard, Leesburg, Florida 34748
How many years has your organization been in business as a General Contractor under your present
business name? lq/A
Does your organization have current occupational licenses entitling it to do the work contemplated
in this Contract? lq/A
State of Florida occupational license - state type and number:
Dade County certificate of competency - state type and number:
City of Miami Beach occupational license - state type and number:
Include copies of above licenses and certificates with proposal.
N/A
How many years experience in similar work has your organization had?
(A) As a General Contractor lq/A
(B) As a Sub-Contractor lq/3,
(C) What contracts has your organization completed?
Contract Amt Class of Work When Completed Name/Address of Owner
We are not a Contractor.
Have you ever had a contract terminated (as prime contractor or sub-contractor, under existing
company name or another company name) due to failure to comply with contractual
specifications? lq/A
If so, where and why?.
Has any officer or partner of your organization ever failed to complete a construction contract
handled in his own name?
If so, state name of individual, name of owner, and reason thereof
In what other lines of business are you financially interested or engaged?
BID NO: No. 42-02/03 CITY OF MIAMI BEACH
DATE: 05/20/03 31
lq/A
Give references as to experience, ability, and financial standing
What equipment do you own that is available for the proposed work and where located?
N/A
What Bank or Banks have you arranged to do business with during the course of the Contract should
it be awarded to you? N/A
Please list the names and addresses of the subcontractors to be used for the portions of the work
listed below.
N/A
Vendor Campaign Contribution(s):
a. You must provide the names of all individuals or entities (including your sub-consultants)
with a controlling financial interest. The term "controlling financial interest" shall mean the
ownership, directly or indirectly, of 10% or more of the outstanding capital stock in any
corporation or a direct or indirect interest of 10% or more in a firm. Ihe term "firm" shall
mean any corporation, partnership, business trust or any legal entity other than a natural
person.
BID NO: No. 42-02/03 CITY OF MIAMI BEACH
DATE: 05/20/03 32
PURCHASE AND DELIVERY OF A TRENCHER
IN WITNESS WHEREOF, the parties,4have tset their hands and seals the
day and year first above written.
ATTE:S~': zl H ~J~~AMI BEACH
CONTRACTOR MUST EXECUTE THIS CONTRACT AS INDICATED BELOW.
USE CORPORATION OR NONCORPORATION FORMAT, AS APPLICABLE.
[If incorporated sign below.]
ATTEST:
(Corporate Seal)
[If not incorporated sign below.]
WITNESSES:
CONTRACTOR
~ (N.a ~e o~.,Corporation)
_ .(~i.qn_ature) ~ ,
(Print Name and Title)
day of t~::~,~/ , 20 d ~.
CONTRACTOR
By:.
(Name of Firm)
(Signature)
(Print Name and Title)
day of ,20__
CITY REQUIRES FOUR (4) FULLY-EXECUTED CONTRiI~FTI~OVED AS TO
FOR DISTRIBUTION FORM & LANGUAGE
& FOR EXECUTION
BID NO. 42-02/03
DATE: 08/13/03
CITY OF MIAMI BEACH
34A
bo
Individuals or entities (including our sub-consultants) with a controlling financial interest:
have ~'~"~ave not contributed to the campaign either directly or indirectly, ora
candidate who has been elected to the office of Mayor or City Commissioner for the City of
Miami Beach. Please provide the name(s) and date(s) of said contributions and to whom
said contribution was made.
I HEREBY CERTIFY that the above answers are true and correct.
Ditch Witch of Central and South Florida
31643 Executive Blvd.
Leesburg, FL 34748
(SEAL)
(SEAL)
Estimate Contract: $50,296.37
IN WITNESS WHEREOF the said City has caused this Certification Agreement to be signed by
the Mayor of City of Miami Beach, Florida and its corporate seal to be affixed, attested by the City
Clerk of the City of Miami Beach and the said Contractor has caused this Agreement to be signed it
its name.
Contractor
.(SEAL)
(Authorized C0i'porate ~)fficer)
CITY OF MIAMI BEACH
By
Mayor
Title
ATTEST:
(AMENDED)
City Clerk
BID NO: No. 42-02/03
DATE: 05/20/03
CITY OF MIAMI BEACH
34
ORDINANCE NO. 2002-3378
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING CHAPTER 2 OF THE CODE OF THE CITY
OF MIAMI BEACH, ENTITLED "ADMINISTRATION", BY AMENDING ARTICLE VII*
THEREOF, ENTITLED ".STANDARDS OF CONDUCT", BY AMENDING DIVISION
4, ENTITLED "PROCUREMENT", BY AMENDING SECTION 2-486, ENTITLED
"CONE OF SILENCE"; SAID AMENDMENT, IN PART, EXTENDING THE
PROHIBITIONS ON 'ORAL COMMUNICATIONS ON ALL REQUEST FOR
pROPOSALS (RFP'S); REQUEST FOR. QUALIFICATIONS (RFQ'S), AND
INVITATION FOR BIDS (BIDS), BETWEEN THE MAYOR AND CITY
COMMISSIONERS AND THEIR RESPECTIVE STAFF AND ANY POTENTIAL
VENDOR, SERVICE PROVIDER, BIDDER, LOBBYIST, OR CONSULTANT;
PROVIDING FOR ADDITIONAL EXCEPTIONS RELATIVE TO ORAL
COMMUNICATIONS; PROVIDING FURTHER FOR REPEALER, SEVERABIUTY,
AND AN EFFECTIVE DATE.
WHEREAS, on January 29, 2002, the Miami-Dada County Commission approved
Ordinance No. 02-3, amending Section 2-11.1(t) of the Miami-Dada County Code, the
County's Cone of Silence Ordinance, with an effective date of February 8, 2002; and
WHEREAS, Miami-Dada County's approved amendments extended the prohibition
on oral communications regarding a particular RFP, RFQ, and bid for the solicitation of
goods and services to those between a potential vendor, service provider, bidder, lobbyist
or consultant, and the Mayor, County Commissioners and their respective staffs; and
WHEREAS, Mlami-Dade County's approved amendments added additional
exemptions to the prohibition on oral communications regarding a particular RFP, RFQ, or
bid for the solicitation of goods and services between any person and the procurement
director or his/her designated staff responsible for administering the procurement process
for such RFP, RFQ or bid, and between a member of the respective selection committee,
provided the communication be limited strictly to matters of process or procedure already
contained In the corresponding solicitation document; and
WHEREAS, .Miarni-Dade County's approved amendments added additional
exemptions to the prohibition on omi communications between the County Manager and
the chairperson of a selection committee about a particular selection committee
recommendation, only after the committee has submitted a recommendation to the
Manager and provided that. should any change occur in the committee reCommendation,
· the content of the communication and of the corresponding change shall be described in
writing and filed by the Manager with the Clerk of the County and be included in any
recommendation memorandum submitted by the Manager to the County Commission;
WHEREAS, Miami-Dada County's apProved amendments added additional
exemptions to the prohibition on oral communications pertaining to emergency
procurements.
WHEREA~, said Miami-Dada County amendments are'applicable tothe Mayor and
city commissioners of the City of Miami Beach. the City Manager, and their respective
staffs; and in order to extend said amendments and their applicability to potential vendors,
BID NO: No. 42-02103 CITY OF MIAMI BEACH
DATE: 05/20/03 34
service providers, bidders,'lobbyist, s, and consultants doing business in the City of Miami
Beach, the Administration and the City Attorney's Office herein recommends that the
Mayor and City Commission amend the City's Cone of.Silence Ordinance accordingly.
NOW, THEREFORE, .BE IT ORDAINED BY THE MAYOR AND CITY
COMMIa$10N OF THE CITY OF MIAMI BEACH:
SECTION 1. Beton 2.426, of Division 4 of Article VII of Chapter 2 of the Miami Beach
City Code Is hereby amended to read as follows:
Article VII. ~tandards. of Condu~t
DIVISION 4, PROCUREMENT
aec. 2.486.
Cone of silence.
Contracts for the provision of goods; services, and construction projects, etheF
(1) Definition. 'Cone of sllenc, e' is hereby defined to mean a prohibition on:
(a) any communication regarding a particular request for Proposal ('RFP'),
.v '-' ......
or bid between a potential vendor, ssrvice provider,.bldder, lobbyist, ,or
consultant and the city's administrative staff including, but not limited to,
the city manager and his or her staff;,
(b) any communication regarding a particular RFP, RFQ, ~ or bid
between the mayor, city commissioners, or their respective staffs, and
any member of the city's administrative staff Including, but not limited to,
the city manager, and his or her staff;.
.(c) any communication regarding a particular RFP, RFQ, RFL-I; Or bid
between a potential vendor, service provider, bidder, lobbyist, or
consultant and any member of a city evaluation ~
committee therefor:, and
'(d)' any communication regarding a parlfoular RFP, RFQ, ~ or b~
between the mayor, city commissionars_or their respective staffs_and
-..-.-.y amember, of a city evaluation ~I;[(gZ.~;~[g~ committee therefor.
(®) ~nv communication re,:~, rdin0 a'Darticular RFP, RFQ. or bid bet';:ccn th~
lltavor, city commL~e!o.rters.' or their resoective staffs and 8 ootenfial
v~ .~_qr. service Provider. bidder, lobbyist, or consultanL Neiw#he~a~tl~
BID NO: No. 42--02/03 CITY OF MIAMI BEACH
DATE: 05/20/03 35
(2)
ae
A Thp cone of silence shall be Imposed upon each RFP, RFQ, ~
=.-.d orbid alter the advertisement of saki RFP, RFQ, RFL~ or bid..At
the time of imposition of the cone of silence, the city manager or his
or her designee shall provide for public notice of the cone of silence.
The city manager shall Include In any public solicitation for goods and
services a statement disclosing the requirements of this division.
b. The cone of silence shall terminate~.
a-)~at the time the city manager makes his or her written
recommendation as to selection of a particular RFP, RFQ, RFL-~ or
bid to the city commission, and said RFP, RFQ, RFL~ or bid is
awarded; provided, however, that following the ME~nager making his
or. her written recommendation, the cone of silence shall be lifted as
relates to communications between the M-[]~ayor and M ~embers of
the C-~ommission and the G-~ity M-~anager; providing further if the
city commission refers the manager's recommendation back to. the
city manager c.' .-'~-ff for further review, the cone of silence shall
continue until such time as the manager makes a subsequent written
recommendation, and the particular RFP, RFQ,-~ or bid is
awarded
-er-b) JjD_in the event of contracts for less than $25,000, when the City
manager executes the contract.
(3)
Exceptions. The prcv~lc.-.--, cf tn!: c."J!.-.c..~'tc~_ c~3.~.~..~shall not apply
to:
(a) comoetitive m'oc~__~es for the award of CDBG, HOME. SHIP and Surtax
Funds admirdstered bV the city office of community develooment:, and
(b) c~_mmunlcetione with the city attomev and his or her staff.
(e) (c} oral communications at pre-bid conferences;
(b) d~).orel presentations before evaluation' and/er selection committees;,
~ J.~contmct discusSions during any duly noticed public meeting;
/.~& tr~ public presentations made to the'city commisSioners during any duly
noticed public meeting;
(e-) ~ contract negotiations with city staff following the award of ah RFP,
RFQ, R, FL-h or bid by the city commission;
(~ (h} communications in writing at any time with 'any city employee, official
or member of the city commission, unless specifically prohibited by the
applicable RFP, RFQ, ~ or bid documents; e~
BID NO: No. 42-02/03 CITY OF MIAMI BEACH
DATE: 05/20/03 36
"-.~ ~ city commission meeting agenda review meetings between the city
· %~/
manager and. the mayor and individual city commissioners where such
matters are scheduled for consideration at the next C-~ommlssion meeting.
"-~ ./il ~mmuntc~_ttons re~__erdina a particular RFP. RFCl or ~d between the
~,, ,!
procurement director, or his/her administrative staff responsible for
admlnleterina the procurement pro~ for such RFP. RFQ or bid and a
member of the evaluation/selection committee therefor, provided the
communk;ation is limited strictly to matters of process or procedure almadv
~ntalned in the corresoondina solicitation document:
(k~ d~!v not._~ed sIte visits to determine the competencv of bidders reaardina
a gart!_~_qe_r bid durir~ the time oeriod between the openinQ of bids and the
flllt9 the city manager makes his qr'her wdtten recommendation:
~' any ememencv procurement of aoods or services:
(m) communications reaardim3.a particular RFP. RFQ. or bid between any
person, and the omcurement director, or his/her administrative staff
resoons!b~ for e~minL-!erlna the procurement process for such RFP. RFQ.
or bid. DrOVided the communication is limited strk~ly to matters of process or
proCedure already contained in the correspondino solicitation document.
(nl The bidder, .proposer, vendor, service provider, lobbyist, or. consultant
shall file a copy of any written communications with the city clerk. The city
dark shall make copies available to any person upon request.
(2;
CITY OF MIAMI BEACH
BID NO: No. 42-02/03
DATE: 05~20~03 37
! (Ord. No. 99-3164, §
DATE: 05/20/03
%v/, ..v..... ~,,~,.,~ ..v.v,,. v,~,, f- jr ! r' f,r i ' ..~v:
I,d,--.-
I" ·
Violations/penalties and procedures. A violation of this section by a particular
bldder,.pmpo~er, vendor, sewka~ pro, er, Iobb~st, or ~on~ult~nt ~hall
biddar, ~ pro~o~r, Yandor. santio~ pro¥1dor, Iobb~i,t. or mn~ult~nt to th~ ~me
procedures set forth in Division 5, entitled '.Debarment of Contractors: from City
Work; shall mnd~' any RFP award, RFQ am.d, ~.~-I..~l, or bid award to said
biddar, prol~r, Yandor, e~tio~ pro'~lar, biddar, ~obbltist, or ~onsult~nt ~idabla:
and s.aid biddar, proposer, Yandor, ~rvio~ providar, lobbyist, orca:insulant ~h~fl not
!~ ~onaid~r~d for anlt RFP, RI:O, ~ or bid for ~ oontm~ for the pro¥1~ion of,
flood~ or'sa~io~ for ~ period of one ~ar. ~Y i~ .n~. n ~ ~et~ ~ pro¥i?io?..ol
thi~ dMsion sh.all ba prohibited from s~wing on a ~ av,lu~non .an~tor sm~mon
OommiR~. In addition to .any other
pro¥1~:m of thi~ dht~lon blt .a ~ emploltaa ~h.all subleo~ ~id amploltae to
disdplln.a~ ~on up to and indudin~ dl, missal.
i~mon~l Imowl~Rtga of a ¥1olation
e.~ ettomelt's offio~ or stma attomey'~ offi~,.,and/or re.ay file - ~omplaint with the ·
count~ ®~io~ commi~ion.
SECTION 2. CODIFICATION.
It IS the intention of the Mayor and City Commission of the City of Miami Beach, and It is
hereby ordained that the pmvielon$ of this ordinance shall become and be made part of lhe
Code of,*the City of Miami Beach, Florida. The sections of this ordinance may be
renumbered or relettered to a~complish such intention, and the word "ordinanCe' may be
changed to 'section', 'article'. or other appropriate word.
SECTION 3. REPEALER.
All .ordinances or parts of ordinances in conflict herewith be and the same are here~'
repealed.,
SECTION 4. 8EVERABIMTY.
If any section, subsection, sentence, claUse, phrase or portion of this Ordinance is, for any
reason, held invalid or unconstitutional, such portion shall be deemed a separate, distinct
and independent provision and such holding shall not affect the validity or constitutionality
of lfle remaining portions of this Ordinance.
SECTION 5. EFFECTIVE DATE.
This Ordinance shall take effect on the Z0tb
is 10 days after adoption.
PASSED and ADOPTED this
day of
ATTEST:
~.t ,2002, which
, 2002.
· .
City Clerk
Letters or numbers that am stricken through .are deletions from existing ordinance.
Letters or numbers that are underlined are additions to existing ordinance.
F:~ATTO~,OLIJ~RE~-ORD~CON EOF$1LENCE. FNL.DOC
BID NO: No. 42-02/03 CITY OF MIAMI BEACH
DATE: 05/20/03 39
MURRAY IL DUBBIN
City Attom~
OFFICE OF THE CITY ATTORNEY
F L O~ ! D A
Tdephone:
Tdecopy:
673-747
673-700
COMMISSION MEMO1/AND~
TO:
FROM:
DATE: JULY 31, 2002
SECOND
AMEND~ TO CITY'S "CONE OF $1~.~.NCE" ORDINANCE
On January 29, 2002~ th~ Miami-Dad~ County Commission approved m anm~dmmt to th~
County's "Conc of Sil~ce" Ordimmce,.with an effective dat~ of February 8, 2002. The approved
amendments to th~ County's Ordinance, which tho City Manager and the Ci~, Attorney's Office
herein recommend b~ incorporated as an ~ to th~ City's own ~ of Silmc~" Ordimnco,
ar~ as follows:
(1)' Ex2vd~ the prolu'bitio~ on oral comm~nic3go~ t~rd/ng a l~rficular RFP, RFQ,
and bid f~r ~h~ soli~itatioa of goods a~d m~ic~s to tho~ b~tw~n a ~ vmdor,
m'vi¢~ provider, bidder, lobbyist o~ consultnt, snd tho Mayor, -C.~m~L~on~s, sad
(2)
Extendin~ the prolu'oition on ond communications regarding a particular RFP, RFQ,
or bid between any .dministntfiv¢ sta~ member, and any member of an evaluation
and/or molectiou co,m~tte~ th~for,
(3)
Notwithstanding the proh~tion in subsection (2) above, providing an exemption
allowing tl~ Manager and the_ chairperson of the evaluation and/or selection
committee to communicate upon · particular evaluation and/or selection committee
1700 Convention Center Drive -- Fourth Fbor-- Miami Betel
Oate._Z~z~
BID NO: No. 42-02/03 CITY OF MIAMI BEACH
DATE: 05/20/03 40
recommendation, but only after the committee has submitted an award
recommendation to the Manager and, provided should a change occur in the
committee's recommendation, the content of the communication and of the
correspondence chan~ shall be described in writin~ and filed by the Manager with
the City Clerk, and be included in any recommendation memorandum submitted by
the Manager to the Commission;
(4)
Creating an exemption allowing communications regarding a particular'RFP, RFQ,
or bid between the Procurement Director (or his/her administrative staff responsible
for administering the particular RFP, RFQ, or bid process) and a member of the
evaluation/selection committee therefor, provided the communication is llm__ited
strictly to m~_n._,_,n-s of process or procedure alrendy contained in the corresponding bid
Creating an exemption for duly noticed site visits'to detennino the competency of
bidders regarding a particular bid, during the time period between the opening of the
bids and the time the Manager makes Ms/her written recommendation to the
Commission;
(6) Creating an exemption for emergency procurement of goods or setwices; and
Creating an exemption to allow for communications rel~arding a particular RFP,
RFQ, or bid between any person and the Procurement Director. (or his or her
adminislrafive staff responsible for administering the bid process), provided the
communication is limited to mattet's ofln'OCCSS or procedure already contained in the
bid documents.
The Miami-Dado County Co,~dssion on Ethics has consistently taken the position that the
County's Ethics legislation, as codified in Section 2 of the Minmi-Dade County Code, applies to
municipal officers and employees, whether or not they chose to adopt corresponding legislation or
not. However, one of the ressons that the City of Miami Beach adopted its own cone of silence
legislation was not only to mn~ee it stricter in places where the County's ordinance is more lenient
(which is legally per~___!s.sible), but alSo, assuming the County ethics legislation only applies to
municipal officers and employees, the enactment of the City's own cone of silence ordinance
extended the prohibitions of the ordinance, and the sanctions therein, to potential vendors; service
providers, bidders, lobbyists, and/or consultants doing business with the City of Miami Beach.
It is therefore recommended by the City Manager and City Attorney's Office's that the Mayor
and City Commission herein adopt, on first reading, the attached amendments to the City's Cone of
Silence Ordinance; said amendments mirroring the amendments already approved by thc Miami-
Dade County Commission (in its Cone of Silence Ordinance).
2
BID NO: No. 42-02/03 CITY OF MIAMI BEACH
DATE: 05/20/03 41
DIVISION 3. LOBBYISTS
Sec. 2-481. Definitions.
The following words, terms and phrases, when used in this division, shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different meaning:
Advisory personnel means the members of those city boards and agencies whose sole or primary
responsibility is to recommend legislation or give advice to the City commissioners.
Autonomous personnel includes but is not limited to the members of the housing authority,
personnel board, pension boards, and such other autonomous or semi-autonomous authorities,
boards and agencies as are entrusted with the day-to-day policy setting, operation and management
of certain defined functions or areas of responsibility.
Commissioners means the mayor and members of the City commission.
Departmental personnel means the City manager, all assistant City managers, all department heads,
the City attorney, chief deputy City attorney and all assistant City attorneys; however, all
departmental personnel when acting in connection with administrative hearings shall not be included
for purposes of this division.
Lobbyist means all persons employed or retained, whether paid or not, by a principal who seeks to
encourage the passage, defeat or modification of any ordinance, resolution, action or decision of any
commissioner; any action, decision, recommendation of any City board or committee; or any action,
decision or recommendation of any personnel defined in any manner in this section, during the time
period of the entire decision-making process on such action, decision or recommendation that
foreseeably will be heard or reviewed by the City commission, or a City board or committee. The
term specifically includes the principal as well as any agent, attorney, officer or employee of a
principal, regardless of whether such lobbying activities fall within the normal scope of employment
of such agent, attorney, officer or employee.
Quasi-judicial personnel means the members of the planning board, the board of adjustment and
such other boards and agencies of the City that perform such quasi-judicial functions. The nuisance
abatement board, special master hearings and administrative hearings shall not be included for
purposes of this division.
(Ord. No. 92-2777, ~5 1, 2, 3-4-92; Ord. No. 92-2785, ~s 1, 2, 6-17-92)
Cross reference(s)--Definitions generally, s 1-2.
Sec. 2-482. Registration.
(a)
All lobbyists shall, before engaging in any lobbying activities, register with the City clerk.
Every person required to register shall register on forms prepared by the clerk, pay a
registration fee as specified in appendix A and state under oath:
(1) His name;
BID NO: No. 42-02/03 CITY OF MIAMI BEACH
DATE: 05/20/03 42
(b)
(c)
(d)
(e)
(0
(g)
(h)
(2) His business address;
(3) The name and business address of each person or entity which has employed the
registrant to lobby;
(4) The commissioner or personnel sought to be lobbied; and
(5) The specific issue on which he has been employed to lobby.
Any change to any information originally filed, or any additional City commissioner or
personnel who are also sought to be lobbied shall require that the lobbyist file an amendment
to the registration forms, although no additional fee shall be required for such amendment.
The lobbyist has a continuing duty to supply information and amend the forms filed
throughout the period for which the lobbying occurs.
If the lobbyist represents a corporation, partnership or trust, the chief officer, partner or
beneficiary shall also be identified. Without limiting the foregoing, the lobbyist shall also
identify all persons holding, directly or indirectly, a five percent or more ownership interest
in such corporation, partnership, or trust.
Separate registration shall be required for each principal represented on each specific issue.
Such issue shall be described with as much detail as is practical, including but not limited to
a specific description where applicable of a pending request for a proposal, invitation to bid,
or public hearing number. The City clerk shall reject any registration statement not providing
a description of the specific issue on which such lobbyist has been employed to lobby.
Each person who withdraws as a lobbyist for a particular client shall file an appropriate
notice of withdrawal.
In addition to the registration fee required in subsection (a) of this section, registration of all
lobbyists shall be required prior to October 1 of every even-numbered year; and the fee for
biennial registration shall be as specified in appendix A.
In addition to the matters addressed above, every registrant shall be required to state the
extent of any business, financial, familial or professional relationship, or other relationship
giving rise to an appearance of an impropriety, with any current City commissioner or
personnel who is sought to be lobbied as identified on the lobbyist registration form filed.
The registration fees required by subsections (a) and (f) of this section shall be deposited by
the clerk into a separate account and shall be expended only to cover the costs incurred in
administering the provisions of this division. There shall be no fee required for filing a notice
of withdrawal, and the City manager shall waive the registration fee upon a finding of
financial hardship, based upon a sworn statement of the applicant. Any person who only
appears as a representative of a nonprofit corporation or entity (such as a charitable
organization, a neighborhood or homeowner association, a local chamber of commerce or a
trade association or trade union), without special compensation or reimbursement for the
appearance, whether direct, indirect or contingent, to express support of or opposition to any
item, shall not be required to register with the clerk as required by this section. Copies of
registration forms shall be furnished to each commissioner or other personnel named on the
forms.
(Ord. No. 92-2777, ~ 3, 3-4-92; Ord. No. 92-2785, 5 3, 6-17-92)
BID NO: No. 42-02/03 CITY OF MIAMI BEACH
DATE: 05/20/03 43
Sec. 2-483. Exceptions to registration.
(a) Any public officer, employee or appointee or any person or entity in contractual privity with
the City who only appears in his official capacity shall not be required to register as a
lobbyist.
(b) Any person who only appears in his individual capacity at a public hearing before the city
commission, planning board, board of adjustment, or other board or committee and has no
other communication with the personnel defined in section 2-481, for the purpose of
self-representation without compensation or reimbursement, whether direct, indirect or
contingent, to express support of or opposition to any item, shall not be required to register
as a lobbyist, including but not limited to those who are members of homeowner or
neighborhood associations. All speakers shall, however, sign up on forms available at the
public hearing. Additionally, any person requested to appear before any city personnel,
board or commission, or any person compelled to answer for or appealing a code violation, a
nuisance abatement board hearing, a special master hearing or an administrative hearing
shall not be required to register, nor shall any agent, attorney, officer or employee of such
person.
(Ord. No. 92-2777, ~ 4, 5, 3-4-92; Ord. No. 92-2785, ss 4, 5, 6-17-92)
Sec. 2-484. Sign-in logs.
In addition to the registration requirements addressed above, all city departments, including the
offices of the mayor and city commission, the offices of the city manager, and the offices of the city
attorney, shall maintain signed sign-in logs for all noncity employees or personnel for registration
when they meet with any personnel as defined in section 2-481.
(Ord. No. 92-2785, ~ 6, 6-17-92)
Sec. 2-485. List of expenditures.
(a) On October 1 of each year, lobbyists shall submit to the city clerk a signed statement under
oath listing all lobbying expenditures in the city for the preceding calendar year. A statement
shall be filed even if there have been no expenditures during the reporting period.
(b) The city clerk shall publish logs on a quarterly and annual basis reflecting the lobbyist
registrations filed. All logs required by this section shall be prepared in a manner
substantially similar to the logs prepared for the state legislature pursuant to F.S. ~ 11.0045.
(c) All members of the city commission and all city personnel shall be diligent to ascertain
whether persons required to register pursuant to this section have complied with the
requirements of this division. Commissioners or city personnel may not knowingly permit
themselves to be lobbied by a person who is not registered pursuant to this section to lobby
the commissioner or the relevant committee, board or city personnel.
(d) The city attorney shall investigate any persons engaged in lobbying activities who are
reported to be in violation of this division. The city attorney shall report the results of the
investigation to the city commission. Any alleged violator shall also receive the results of
any investigation and shall have the opportunity to rebut the findings, if necessary, and
submit any written material in defense to the city commission. The city commission may
reprimand, censure, suspend or prohibit such person from lobbying before the commission or
any committee, board or personnel of the city.
(Ord. No. 92-2777, s 6, 3-4-92; Ord. No. 92-2785, s 7, 6-17-92)
BID NO: No. 42-02/03 CITY OF MIAMI BEACH
DATE: 05/20/03 44
RESOLUTION NO, 2000-23879
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH REQUIRING THAT CONTRACTORS ADOPT
A CODE OF BUSINESS ETHICS PRIOR TO ENTERING INTO A
CONTRACT WITH THE CITY OF MIAMI BEACH
WHEREAS, the Greater Miami Chamber of Commerce ("GMCC") adopted a
Model Code of Business Ethics (the "Model Code"); and
WHEREAS, thc City of Miami Beach is a member of the GMCC; and
WHEREAS, the Model Code, attached hereto as Exhibit A, is a statement of
principles to help guide decisions and actions based on respect for the importance of
ethical business standards in the community; and
WHEREAS, the GMCC encourages its members to adopt the principles and
practices outlined in the Model Code; and
WHEREAS, the Commission believes that each entity which does business with
the City of Miami Beach should be required, as a condition of doing business with the
County to adopt a Code of Business Ethics.
NOW, THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA:
Section 1. Each person or entity that seeks to do business with the City shall
adopt a Code of Business Ethics ("Code") and submit that Code to the City Manager or
his or her designee prior to execution of any contract between the contractor and the City.
The Code of Business shall, at a rain/mum, require the contractor to comply with all
applicable governmental rules and regulations including, among others, the conflict of
interest, lobbying and ethics provisions of the City Code.
Section 2. The Commission urges the Greater Miami Chamber of Commerce
to require that all ofi~ members adopt the Model Code of Business Ethics.
Section 3. This resolution shall become effective immediately upon its
adoption.
BID NO: No. 42-02/03 CITY OF MIAMI BEACH
DATE: 05/20/03 45
PASSED and ADOPTED tl~s 12th
ATTEST:
CITY CLERK
day of April 2000
"MAYO~.
APPROVEDA~TO
FCRM & LANGUAC~
& FOR EXECUTIOa
BID NO: No. 42-02/03 CITY OF MIAMI BEACH
DATE: 05/20/03 46
GREATER MIAMI CHAMBER OF COMMERCE
MODEL CODE OF BUSINESS ETHICS
STATEMENT OF PURPOSE
The Greater Miami Chamber of CommenCe ("GMCC") seeks to create and sustain an ethical business
climate for its members and the community by Klopling a Code of Business Ethics. The GMCC
encourages its members to incorporate the principles and practices outlined here in their individual
codes of ethics which will guide their relationships with customers, clients and suppliers. This Model
Code can and should be prominently displayed at all business locations and may be incorporated into
marketing materials. The GMCC believes that its members should use this Code as a model for the
development of their organizations' business codes etr ethics.
This Model Code s a statement olprinciples lo help guide dec siena and actions based on ~espect
}mpodance o! ethical business slenderds in the commun ty. The GMCC believes the adoption of o mean ngtul code
of slhics is Ihs responsibility of every business end prolession~J
Complial~ce with Government Rules & Requlations
· We will properly maintain all records and pest all licenses and certificates
in prominent places easily seen by our employees and customers;
· In dealing with government agencies and employees, we will conduct business in
accordance with all applicable rules and regulalions and in the open;
· We will report contract irregularilies and other improper or unlawful business
practices to the Ethics Commission, the Office of Inspector General or
appropriate law enforcement authorities.
Recruitment, Selection & Compensation of Vendors and Suppliers
· We will avoid conflicts of interest and disclose such conflicts when identified;
Gifts which compromise the integrity of a business transaction are unacceptable;
we wil! not kick back any portion of a contract payment !o employees of the other
conlracting party or accept such a kickback.
Business Accounting
· All our financial transactions will be properly and fairly recorded in appropriate
books of account, and there will be no 'off the books" transactions et secret
accounts.
Promotion and Sales of products and Services
· Our producls will comply with a~l applicable safety end quality standards;
· We will promote and advertise our business and ~ts products or services in a
manner which is net misleading and does not falsely disparage cur competitors;
I~oina Business with the Government
BID NO: No. 42-02/03 CITY OF MIAMI BEACH
DATE: 05/20/03 47
· Wa wi;I conduct business with government agenci=s and employees in a manner
which avoids even the appearance ol~ impropriety. Efforts to curry political
favoritism are unacceptable;
· Our bids will be competitive, appropriate to the bid documents and arrived at
independently;
· Any challenges to contracts awarded will have a substantive basis and not be
pursued merely because wa are lhe unsuccessful bidder;
· We will, to the best of our ability, perform government contracts awarded at the
price and under the terms provided for in the contract. We will not submit inflated
invoices for goods provided or services performed under such contracts, and
claim.s will be made onty fo~ work actually performed, We w~l~ abide by all
contracting and subcontracting regulations.
· We will not, directly or indirectly, offer to give a bribe or otherwise channel
kickbacks from contracts awarded, to government officials, their family members
or business associates.
· We will net seek or expect preferential treatment on bids based on our
participation in political campaigns.
Publid Life art~ Political Can~aien$
· We encourage all employees to participate in community life, public service and
the political process;
· We encourage ail employees to recruit, support and elect ethical and qualified
public officials and engage them in dialogue and debate about business and
community issues;
· Our contributions to political parties, committees or individuals will o~ly be made
in accordance with applicable law and will comply with all requirements for public
disclosure. All contributions made on behalf of the business must be reported
senior company management;
· We will not contribute to the campaign.~ of persons who are convicted felons or
those who do not sign the Fair Campaign Practices Ordinance.
· We will not knowir~gly disseminate false campaign information or support those
who do.
Ditch Witch of Central
and South Florida _
Company Name Corporate ({~er
06/].2/03
Data
BID NO: No. 42-02/03 CITY OF MIAMI BEACH
DATE: 05/20/03 48
ORDINANCE NO 2000-3234
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 2, ARTICLE
VI, ENTITLED "PROCUREMENT", BY CREATING DIVISION 5,
ENTITLED "DEBARMENT", SECTIONS 2-397 THROUGH 2-406 OF THE
CODE OF THE CITY OF MIAMI BEACH, FLORIDA, PROVIDING FOR
DEBARMENT OF CONTRACTORS FROM CITY WORK; PROVIDING
FOR SEVERABILITY; CODIFICATION; REPEALER; AND AN
EFFECTIVE DATE.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. Miami Beach City Code, Chapter 2, entitled "Administration", Article VI, entitled
"Procurement", is hereby amended by adding the following Division 5, entitled - "Debarment of
Contractors from City Work" reading as follows:
Division 5. Debarment of contractors from City work.
Section 2-397. Purpose of debarment.
(a)
The City shall solicit offers from, award contracts to, and consent to subcontractors with
responsible contractors only: To effectuate this police, the debarment of contractors from
City work may be undertaken.
(b)
The serious nature of debarment requires that this sanction be imposed only when it is in the
public interest for the City's protection, and not for purposes of punishment. Debarment shall
be imposed in accordance with the procedures contained in this ordinance.
Section 2-398.Definitions.
(a)
Affiliates. Business concerns, organizations, lobbyists or other individuals are affiliates of
each other if, directly or indirectly. (I) either one controls or has the power to control the
other, or (ii) a third part controls or has the power to control both. Indicia of control include,
but are not limited to. a fiduciary relation which results from the manifestation of consent by
one individual to another that the other shall act on his behalf and subject to his control, and
consent by the other so to act; interlocking management or ownership; identity of interests
among family members; shared facilities and equipment; common use of employees; or a
business entity organized by a debarred entity, individual, or affiliate following debarment of
a contractor that has the same or similar management, ownership, or principal employees as
the contractor that was debarred or suspended.
BID NO: No. 42-02103 CITY OF MIAMI BEACH
DATE: 05120/03 49
(b)
(c)
Civil judgment means a judgment or finding of a civil offense by any court of competent
jurisdiction.
Contractor means any individual or other legal entity that:
(1)
(2)
Directly or indirectly (e.g. through an affiliate), submits offers for is awarded,, or
reasonably may be expected to submit offers or be awarded a City contract,
including, but not limited to vendors, suppliers, providers, Bidders, Proposers,
consultants, and/or design professionals, or
Conducts business or reasonable man be expected to conduct business, with the City
as an agent,, representative or subcontractor of another contractor.
(d)
Conviction means a judgement or conviction of a criminal offense, be it a felony or
misdemeanor, by any court of competent jurisdiction, whether entered upon a verdict or a
plea. and includes a conviction entered upon a plea of nolo contendere.
(e)
Debarment means action taken by the Debarment Committee to exclude a contractor (and. in
limited instances specified in this ordinance, a Bidder or Proposer from City contracting and
City approved subcontracting for a reasonable, specified period as provided in subsection (j)
below: a contractor so excluded is debarred.
(f)
Debarment Committee means a group of seven (7) individual members, each appointed by
the Mayor and individual City Commissioners, to evaluate and. if warranted, to impose
debarment,
(g)
Preponderance Greater weight of the evidence means proof by information that, compared
with that opposing it, leads to the conclusion that the fact at issue is more probably true than
not.
(h)
Indictment means indictment for a criminal offense. An information or other filing by
competent authority charging a criminal offense shall be given the same effect as an
indictment.
(I)
Legal proceeding means any civil judicial proceeding to which the City is a party or any
criminal proceeding. The term includes appeals from such proceedings.
(J)
List of debarred contractors means a list compiled, maintained and distributed by the City=s
Procurement Office. containing the names of contractors debarred under the procedures of
this ordinance.
Section 2-399. List of debarred contractors.
(a)
The City's Procurement Office. is the agency charged with the implementation of this
ordinance shall:
(1)
Compile and maintain a current, consolidated list (List) of all contractors debarred by
City departments, Such List shall be public record and shall be available for public
inspection and dissemination;
BID NO: No. 42-02/03 CITY OF MIAMI BEACH
DATE: 05/20/03 50
(2)
(3)
Periodically revise and distribute the List and issue supplements, if necessary, to all
departments, to the Office of the City Manager and to the Mayor and City
Commissioners: and
Included in the List shall be the name and telephone number of the City official
responsible for its maintenance and distribution.
Co) The List shall indicate:
(1)
(2)
(3)
(4)
(S)
(6)
(7)
(8)
The names and addresses of all contractors debarred, in alphabetical order;
The name of the department that recommends initiation of the debarment action;
The cause for the debarment action, as is further described herein, or other statutory
or regulatory authority;
The effect of the debarment action;
The termination date for each listing;
The contractor's certificate of competence or license number, when applicable;
The person through whom the contractor is qualified, when applicable;
The name and telephone number of the point of contact in the department
recommending the debarment action.
(c) The City's Procurement Office shall:
(1)
(2)
(3)
In accordance with internal retention procedures maintain records relating to each
debarment;
Establish procedures to provide for the effective use of the List, including intemal
distribution thereof to ensure that departments do not solicit offers from, award
contracts to, or consent to subcontracts with contractors on the List; and
Respond to inquiries concerning listed, contractors and coordinate such responses
with the department that recommended the action,
Section 2-400.Effect of debarment.
(a)
Debarred contractors are excluded from receiving contracts, and departments shall not solicit
offers from award contracts to, or consent to subcontracts with these contractors unless the
City Manager determines that an emergency exists justifying such action, and obtains
approval from the Mayor and City Commission, which approval shall be given by 5/7ths
vote of the City Commission at a regularly scheduled City Commission meeting. Debarred
contractors are also excluded from conducting business with the City as agents,
representatives, subcontractors or partners of other contractors.
(b) Debarred contractors are excluded from acting as individual sureties.
BID NO: No. 42-02/03 CITY OF MIAMI BEACH
DATE: 05/20~03 51
Section 2-401.Continuation of current contracts.
(a)
Commencing on the effective date of this ordinance, all proposed City contracts, as well as
Request for Proposals (RFP). Request for Qualifications (RFO). Requests for Letters of
Interest (RFLI). or bids issued be the City. shall incorporate this ordinance and specify that
debarment may constitute grounds for termination of the contract as well as disqualification
from consideration on any RFP, RFO. RFLI. or bid.
(b)
The debarment shall take effect in accordance with the notice provided by the City Manager
pursuant to subsection 2405(h) below, except that if a City department has contracts or
subcontracts in existence at the time the contractor was debarred, the debarment period may
commence upon the conclusion of the contract, subject to approval of same be 5/7ths vote of
the Mayor and City Commission at a regularly scheduled meeting.
(c)
City departments may not renew or otherwise extend the duration of current contract or
consent to subcontracts with debarred contractors, unless the City Manager determines that
an emergency exists justifying the renewal or extension or for an approved extension due to
delay or time extension for reasons beyond the contractor's control and such action is
approved by 5/7ths vote of the Mayor and City Commission at a regularly scheduled
meeting.
(d)
No further work shall be awarded to a debarred contractor in connection with a continuing
contract where the work is divided into separate discrete groups and the City's refusal or
denial of further work under the contract will not result in a breach of such contract.
Section 2-402.Restrictions on subcontracting.
(a)
When a debarred contractor is proposed as a subcontractor for any subcontract subject to
City approval, the department shall not consent to subcontracts with such contractors unless
the City Manager determines that an emergency exists justifying such consent and the Mayor
and City Commission approves such decision by 5/7ths vote at a regularly scheduled
meeting.
(b)
The City shall not be responsible for any increases in project costs or other expenses
incurred by a contractor as a result of rejection of proposed subcontractors pursuant to
subsection 2-402(a) above, provided the subcontractor was debarred prior to bid opening or
opening of proposals, where the contract was awarded be the City pursuant to an RFP, RFO,
RFLI, or bid.
Section 2-403.Debarment.
(a)
The Debarment Committee may, in the public interest debar a contractor for any of the
causes listed in this ordinance using the procedures outlined below. The existence of a cause
for debarment however, does not necessarily require that the contractor be debarred; the
seriousness of the contractor's acts or omissions and any mitigating factors should be
considered in making any debarment decision.
BID NO: No. 42-02/03 CITY OF MIAMI BEACH
DATE: 05/20103 52
(b)
Debarment constitutes debarment of all officers, directors, shareholders owning or
controlling twenty-five (25) percent of the stock, partners, divisions or other organizational
elements of the debarred contractor, unless the debarred decision is limited by its terms to
specific divisions, organizational elements or commodities. The Debarment Committee's
decision includes any existing affiliates of the contractor if they are (I) specifically named
and (ii) given written notice of the proposed debarment and an opportunity to respond.
Future affiliates of the contractor are subject to the Debarment Committee's decision.
(c) A contractor's debarment shall be effective throughout City Government.
Section 2-404.
Causes for debarment.
(a) The Debarment Committee shall debar a contractor for a conviction or civil judgment,
(2)
(3)
(4)
For commission of a fraud or a criminal offense in connection with obtaining
attempting to obtain, performing, or making a claim upon a public contract or
subcontract or a contract or subcontract funded in whole or in part with public funds;
For violation of federal or State antitrust statutes relating to the submission of offers;
For commission of embezzlement, theft, forgery, bribery, falsification or destruction
of records, making false statements, or receiving stolen property;
Which makes the City the prevailing party in a legal proceeding and a court
determines that the lawsuit between the contractor and the City was frivolous or filed
in bad faith.
(b)
The Committee may debar a contractor, (and, limited instances set forth hereinbelow a
Bidder or Proposer) based upon a preponderance the greater weight of the evidence, for;
(1)
(2)
(3)
Violation of the terms of a City contract or subcontract or a contract or subcontract
funded in whole or in part by City funds such as failure to perform in accordance
with the terms of one (1) or more contracts as certified by the City department
administering the contract; or the failure to perform or unsatisfactorily perform in
accordance with the terms of one (1) or more contracts, as certified by an
independent registered architect engineer or general contractor;
Violation of a City ordinance or administrative order which lists debarment as a
potential penalty;
Any other cause which affects the responsibility of a City contractor or subcontractor
in performing City work.
Section 2-405.Debarment procedures.
(a)
Requests for the debarment of contractors may be initiated by a City Department or by a
citizen-at large and shall be made in writing to the Office of the City Manager. Upon receipt
of a request for debarment, the City Manager shall transmit the request to the Mayor and
City Commission at a regularly scheduled meeting. The Mayor and City Commission shall
transmit the request to a person or persons who shall be charged by the City Commission
with the duty of promptly investigating and preparing a written report(s) concerning the
proposed debarment, including the cause and grounds for debarment as set forth in this
ordinance.
BID NO: No. 42-02/03 CITY OF MIAMI BEACH
DATE: 05120/03 53
(b)
(c)
(d)
(e)
(0
Upon completion of the aforestated written report, the City Manager shall forward said
report to the Debarment Committee. The City's Procurement Office shall act as staffto the
Debarment Committee and, with the assistance of the City department person or persons
which prepared the report present evidence and argument to the Debarment Committee
Notice of proposal to debar. Within ten working days of the Debarment Committee having
received the request for debarment and written report, the City's Procurement Office, on
behalf of the Debarment Committee shall issue a notice of proposed debarment advising the
contractor and any specifically named affiliates, by certified mail. retum receipt requested, or
personal service containing the following information:
(1)
(2)
(3)
(4)
That debarment is being considered:
The reasons and causes for the proposed debarment in terms sufficient to put the
contractor and any named affiliates on notice of the conduct or transaction(s) upon
which it is based;
That a hearing shall be conducted before the Debarment Committee on a date and
time not less than thirty (30) days after service of the notice. The notice shall also
advise the contractor that it may be represented by an attorney, may present
documentary evidence and verbal testimony, and may cross-examine evidence and
testimony presented against it.
The notice shall also describe the effect of the issuance of the notice of proposed
debarment, and of the potential effect of an actual debarment.
No later than seven (7) working days, prior to the scheduled hearing date, the contractor
must furnish the City's Procurement Office a list of the defenses the contractor intends to
present at the hearing. If the contractor fails to submit the list, in writing, at least seven (7)
working days prior to the hearing or fails to seek an extension of time within which to do so,
the contractor shall have waived the opportunity to be heard at the hearing. The Debarment
Committee has the right to grant or deny an extension of time, and for good cause, may set
aside the waiver to be heard at the hearing, and its decision may only be reviewed upon an
abuse of discretion standard.
Hearsay evidence shall be admissible at the hearing but shall not form the sole basis for
initiating a debarment procedure nor the sole basis of any determination of debarment. The
hearing shall be transcribed, taped or otherwise recorded by use of a court reporter, at the
election Committee and at the expense of the City. Copies of the hearing tape or transcript
shall be furnished at the expense and request of the requesting party.
Debarment Committee's decision. In actions based upon a conviction or judgment, or in
which there is no genuine dispute over material facts, the Debarment Committee shall make
a decision on the basis of all the undisputed material information in the administrative
record, including any undisputed, material submissions made by the contractor. Where
actions are based on disputed evidence, the Debarment Committee shall decide what weight
to attach to evidence of record, judge the credibility of witnesses, and base its decision on the
prepondenance greater weight of the evidence standard. The Debarment Committee shall be
the sole trier of fact. The Committee's decision shall be made within ten (10) working days
after conclusion of the hearing, unless the Debarment Committee extends this period for
good cause.
BID NO: No. 42-02/03 CITY OF MIAMI BEACH
DATE: 05/20/03 54
(g)
(c)
The Committee's decision shall be in writing and shall include the Committee's factual
findings, the principal causes of debarment as enumerated in this ordinance, identification of
the contractor and all named affiliate: affected by the decision, and the specific term,
including duration, of the debarment imposed.
Notice of Debarment Committee's decision.
(1) If the Debarment Committee decides to impose debarment, the City Manager shall
give the contractor and any named affiliates involved written notice by certified mail,
return receipt requested, or hand delivery, within ten (10) working days of the
decision, specifying the reasons for debarment and including a copy of the
Committee's written decision; stating the period of debarment, including effective
dates; and advising that the debarment is effective throughout the City departments.
(2) If debarment is not imposed,the City Manager shall notify the contractor and any
named affiliates involved ,by certified mail. return receipt requested, or personal
service, within ten (10) working days of the decision.
(i) All decisions of the Debarment Committee shall be final and shall be effective on the date
the notice is signed by the City Manager. Decisions of the Debarment Committee are subject
to review by the Appellate Division of the Circuit Court. A debarred contractor may seek a
stay of the debarment decision in accordance with the Florida Rules of Appellate Procedure.
_Section 2-406. Period of debarment.
(a)
(b)
The period of debarment imposed shall be within the sole discretion of the Debarment
Committee. Debarment shall be for a period commensurate with the seriousness of the
cause(s), and where applicable, within the guidelines set forth below, but in no event shall
exceed five (5) years.
The following guidelines in the period of debarment shall apply except where mitigating or
aggravating circumstances just/fy deviation:
(1) For commission of an offense as described in subsection 2404(a)(1): five (5) years.
(2) For commission of an offense as described in subsection 2404(a)(2): five (5) years.
(3) For commission of an offense as described in subsection 2404(a)(3): five (5) years.
(4) For commission of an offense as described in subsection 2404(a)(54): two (2) to five
(5) years.
(5) For commission of an offense as described in subsections 2404(b)(1) or (2): two (2)
to five (5) years.
t~he Debarment Committee may, in its sole discretion red , ' of debarment,
e contractor's written request for reasons such as: ' ucc the period upon
(i)
(2)
(3)
(4)
(5)
Newly discovered material evidence;
Reversal of the conviction or civil judgment upon which the debarment was based;
Bona fide change in ownership or management;
Elimination of other causes for which the debarment was imposed; or
Other reasons the Debarment Committee deems appropriate.
BID NO: No. 42-02/03
DATE: 0~20/03
CITY OF MIAMI BEACH
(d)
The debarment debarred contractor's written request shall contain the reasons for requesting
a reduction in the debarment period, The City's Procurement Office, with the assistance of
the affected department shall have thirty (30) days from receipt of such request to submit
written response thereto. The decision of the Debarment Committee regarding a request
made under this subsection is final and non-appealable.
SECTION 2. SEVERABILITY.
If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder shall
not be affected by such invalidity.
SECTION 3. CODIFICATION.
It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is hereby
ordained that the provisions of this ordinance shall become and be made a part of the Code of the
City of Miami Beach, Florida. The sections of this ordinance may be renumbered relettered to
accomplish such intention, and the word "ordinance" may be changed to "section", "article," or other
appropriate word.
SECTION 4. REPEALER.
All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed.
SECTION 5. EFFECTIVE DATE.
This Ordinance shall take effect on the 3rd day of March,2000.
PASSED and ADOPTED this 23rd day of February, 2000.
BID NO: No. 42-02/03 CITY OF MIAMI BEACH
DATE: 05/20/03 56
ORDINANCE NO. 2002-3344
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, ESTABLISHING PROCEDURES FOR
RESOLVING BIDS (BIDS), REQUEST FOR PROPOSALS (RFP'S), REQUEST
FOR QUALIFICATIONS (RFQ'S), REQUEST FOR LETTERS OF INTEREST
(RFLI'S), AND PURCHASE ORDERS BASED ON WRITTEN OR ORAL
QUOTATIONS, BY AMENDING CHAPTER 2 OF THE CODE OF THE CITY
OF MIAMI BEACH ENTITLED "ADMINISTRATION"; BY AMENDING
ARTICLE VI THEREOF ENTITLED "PROCUREMENT'; BY CREATING
SECTION 2-371 ENTITLED "AUTHORITY TO RESOLVE PROTESTED
BIDS AND PROPOSED AWARDS"; PROVIDING FOR SEVERABILITY;
PROVIDING FOR CODIFICATION; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, from time to time the City procures goods and services through Invitation
for Bids, Requests for Proposals, Requests for Qualifications, Requests for Letters of
Interest, and purchase orders based on written or oral quotations, in accordance with the
public bidding procedures set forth in Florida law and the Code of the City of Miami Beach
(the "City Code"); and
WHEREAS, such process may lead to protested bids and proposed awards; and
WHEREAS, it is the intent of the Mayor and City Commission that procedural and
technical issues related to Invitations for Bids, Requests for Proposals, Requests for
Qualifications, Requests for Letters of Interest, and purchase orders based on written or
oral quotations, be decided by the City Manager and the City Attorney, and that their
determinations with respect to said procedural and technical issues shall be deemed final;
and
WHEREAS, it is in the best interests of the City and all respondents to Invitations for
Bids, Requests for Proposals, Requests for Qualifications, Requests for Letters of Interest,
and purchase orders based on written or oral quotations, to have a clear and unequivocal
procedure for resolving such protests in a timely and expeditious manner.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, as follows:
Section 1. There is hereby added to Article VI of Chapter 2 of the City Code a new
Section 2-371, which shall read as follows:
Section 2-371. Authority to Resolve Protested Bids and Proposed Awards.
(a)
Right to Protest. Any actual bidder, qualified proposer, or interested parties
(hereinafter collectively referred to as the "bidder") who has a substantial
interest in, and is aggrieved in connection with the solicitation or proposed
award of, a request for proposals ("RFP"), request for qualifications ("RFQ"),
request for letters of interest ("RFLI') or invitation for bid for goods and/or
services ("hereinafter, collectively referred to as the bid") may protest to the
BID NO: No. 42-02/03 CITY OF MIAMI BEACH
DATE: 05/20/03 57
City Manager or his or her designee. Protests arising from the decisions and
votes of any evaluation or selection committee shall be limited to protests based
upon alleged deviation(s) from established purchasing procedures set forth in
this Code, any written guidelines of the Procurement Department, and the
specifications, requirements and/or terms set forth in any bid.
(1)
Any protest concerning the bid specifications, requirements, and/or
terms must be made within three (3) business days (for the purposes of
this ordinance, "business day" means a day other than Saturday, Sunday
or a national holiday), from the time the facts become known and, in any
case, at least two (2) business days prior to the opening of the. Such
protest must be made in writing to the City Manager or his or her
designee, and such protest shall state the particular grounds on which it
is based and shall include all pertinent documents and evidence. No bid
protest shall be accepted unless it complies with the requirements of this
section. Failure to timely protest bid specifications, requirements and/or
terms is a waiver of the ability to protest the specifications, requirements
and/or terms.
(2)
Any protest after the bid opening, including challenges to actions of any
evaluation or selection committee as provided in subsection (a) above,
shall be submitted in writing to the City Manager, or his or her designee.
The City will allow such bid protest to be submitted anytime until two
(2) business days following the release of the City Manager's written
recommendation to the City Commission, as same is set forth and
released in the City Commission agenda packet, for award of the bid in
question. Such protest shall state the particular grounds on which it is
based and shall include all pertinent grounds on which it is based, and
shall include all pertinent documents and evidence. No bid protest shall
be accepted unless it complies with the requirements of this section. All
actual bidders shall be notified in writing (which may be transmitted by
electronic communication, such as facsimile transmission and/or e-mail),
following the release of the City Manager's written recommendation to
the City Commission.
Co)Any bidder who is aggrieved in connection with the solicitation or proposed award of a
purchase order based on an oral or written quotation may protest to the City
Manager or his or her designee anytime during the procurement process, up to
the time of the award of the purchase order, but not after such time. Such protest
shall be made in writing and state the particular grounds on which it is based and
shall include all pertinent documents and evidence. No bid protest shall be
accepted unless it complies with the requirements of this section.
(c)
The City may request reasonable reimbursement for expenses incurred in
processing any protest hereunder, which expenses shall include, but not be
limited to, staff time, legal fees and expenses (including expert witness fees),
reproduction of documents and other out-of-pocket expenses.
BID NO: No. 42-02/03 CITY OF MIAMI BEACH
DATE: 05/20/03 58
(d)Authority to Resolve Protests. The City Manager or his or her designee shall have the
authority to settle and resolve a protest concerning the solicitation or award ora
bid.
(e)
Responsiveness. Prior to any decision being rendered under this Ordinance with
respect to a bid protest, the City Manager and the City Attorney, or their
respective designees, shall certify whether the submission of the bidder to the
bid in question is responsive. The parties to the protest shall be bound by the
determination of the City Manager and the City Attorney with regard to the
issue of responsiveness. 'r~
(0
Decision and Appeal Procedures. If the bid protest is not resolved by mutual
agreement, the City Manager and the City Attorney, or their respective
designees, shall promptly issue a decision in writing. The decision shall
specifically state the reasons for the action taken and inform the protestor of his
or her right to challenge the decision. Any person aggrieved by any action or
decision of the City Manager, the City Attorney, or their respective designees,
with regard to any decision rendered under this section may appeal said decision
by filing an original action in the Circuit Court of the Eleventh Judicial Circuit
in and for Miami-Dade County, Florida, in accordance with the applicable court
rules. Any action not brought in good faith shall be subject to sanctions
including damages suffered by the City and attorney's fees incurred by the City
in defense of such wrongful action.
(g)
Distribution. A copy of each decision by the City Manager and the City
Attorney shall be mailed or otherwise furnished immediately to the protestor.
(h)
Stay of Procurements During Protests. In the event of a timely protest under
this section, the City shall not proceed further with the solicitation or with the
award pursuant to such bid unless a written determination is made by the City
Manager, that the award pursuant to such bid must be made without delay in
order to protect a substantial interest of the City.
(i)
The institution and filing of a protest under this Code is an administrative
remedy that shall be employed prior to the institution and filing of any civil
action against the City concerning the subject matter of the protest.
(J)
Protests not timely made under this section shall be barred. Any basis or
ground for a protest not set forth in the letter of protest required under this
section shall be deemed waived.
(k)At the time the City Manager's written recommendation for award of a bid is presented
at a meeting of the Mayor and City Commission, the City Attorney, or his or her
designee, shall present a report to inform the Mayor and City Commission of
any legal issues relative to any bid protest filed in connection with the bid in
question.
(1)
The determination of the City Manager and the City Attomey with regard to all
BID NO: No. 42-02/03 CITY OF MIAMI BEACH
DATE: 05/20/03 59
procedural and technical matters shall be final.
Section 2. All ordinances, resolutions or parts thereof in conflict herewith be and the
same are hereby repealed.
Section 3. If any section, sentence, clause or phrase of this Ordinance is held to be
invalid or unconstitutional by any court of competent jurisdiction, then said holding shall
in no way affect the validity of the remaining portions of this Ordinance. It is the intention
of the Mayor and City Commission of the City of Miami Beach, and it is hereby ordained
that the provisions of this Ordinance shall become and be made part of the Code of the City
of Miami Beach, Florida, The sections of this Ordinance may be renumbered or relettered
to accomplish such intention, and the word "ordinance" may be changed to "section,"
"article," or other appropriate word.
Section 4. This Ordinance shall take effect ten (10) days after its adoption on the 19th
day of January, 2002.
PASSED on First Reading this 19th day of December ,2001.
PASSED and ADOPTED on Second Reading this 9th day of January. 2002.
ATTF~T:
R
BID NO: No. 42-02/03 CITY OF MIAMI BEACH
DATE: 05/20/03 60
ORDINANCE NO. 2003-3389
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AMENDING MIAMI BEACH CITY CODE
CHAPTER 2, ARTICLE VII BY CREATING DIVISION 5 THEREOF ENTITLED
"CAMPAIGN FINANCE REFORM", AND FURTHER AMENDING CITY CODE
SECTION 38-6 ENTITLED "PROHIBITED CAMPAIGN CONTRIBUTIONS BY
VENDORS" AND CITY CODE CHAPTER 2 BY TRANSFERRING SAID
SECTION FROM CHAPTER 38 OF THE CODE TO CITY CODE CHAPTER 2,
ARTICLE VII, DIVISION 5, RENUMBERING CODE SECTION 38-6 TO CODE
SECTION 2-487; AMENDING SAME BY MANDATING THAT THE CITY
PUBLISH NOTICE REQUIREMENTS OF THIS ORDINANCE, ESTABLISHING
RESPONSIBILITY OF CANDIDATES FOR ELECTED OFFICE TO DETERMINE
STATUS OF POTENTIAL DONOR AS VENDOR, CLARIFYING AND CREATING
DEFINITIONS, CREATING ADDITIONAL WAIVER PROVISION WHEN
TERMINATION OF EXISTING CONTRACT WOULD BE ECONOMICALLY
ADVERSE TO CITY'S BEST INTERESTS; PROVIDING FOR REPEALER,
SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. That Miami Beach City Code Chapter 2, Article VII, is hereby amended by the
creation of Division 5 thereof entitled "Campaign Finance Reform" and is further amended by
transferring Section 38-6 entitled "Prohibited Campaign contributions by Vendors" fi-om City Code
Chapter 38 to City Code Chapter 2, Article VII, Division 5 and renumbering said Section 38-6 to
Section 2-487, to read as follows:
DIVISION 5. CAMPAIGN FINANCE REFORM
Sec. 3..° ~ 2-487. Prohibited Campaign Contributions by Vendors
(-a-)A. General.
La_) No p~+-wtao4~ vendor ~ shall give a campaign contribution
............. , ..... ~, ..... ., ...... ~. ...... , indirec _ to a candidate, or to the
campaign committee of a candidate, for the offices of mayor or commissioner.
Commencing on the effective date of this ordinance, all proposed city contracts, as
well as requests for proposals (RFP), requests for qualifications (RFQ}, requests for
letters of interest (RFLI), or bids issued by the City, shall incorporate this Ordinance
so as to notify potential vendors of the proscription embodied herein.
(b) No candidate;, or campaign committee of a candidate for the offices of mayor
or commissioner, shall ~ deposit into such candidate's campaign
account any campaign contribution directly or indirectly from a
vendor t~
61
(2)
(3)
(4)
~ ....;., :~+ .... +;~ ~"'~; ......+;+;~ C did ( th ti g th i b h lf)
...................... an atcs or ose ac n on c r e a
shall ensure compliance with this code section by confirming with the Procurement
Division's City records (including City of Miami Beach website) to verify the vendor
status of any potential donor.
A fine of up to $500.00 shall be imposed on every person who violates this
~];~;*~+;~ giving or r-ee, eiv~ depositing a
r-~'~":*':+:~'v---~,-,--,-- section. Each act of ............ ,
contribution in violation of this ....... ~-
~,~-~,.,,},,, section shall constitute a separate
violation. All contributions r-eeeived deposited by a candidate in violation of this
p,~r~.grapl, sectio.____~n shall be forfeited to the city's general revenue fund.
A person or enti _ty who directly or +~' .... ..... ~,..'~ = ..... ~--""-~ ,,~,- ,,.^+' +'~,., pc=offs LT~c~i~t~
indirectly m~cs a contribution to a c~didate who is elected to ~c office of mayor
or comssioner shall be disqualified for a period of 12 months following ~c
swemng in of ~e subject elected official ~om * ...... *:~- ~-~ ....
........... ~ ........se~ing as a
vendor with thc ci~ ~;... .... ~:~:+; ............ ;~ ~..~;... ....... , .~:+u +~ ~: ...... ~..
As used in this section:
(a)
1. A "vendor" is a person and/or entity who ,. ........
e~ has been ........ '~ "" +'~ ci~ ..... .:~:~, +~ ~ ..... ~+ ~..~:~ ....... .~ :+~ *~.~
~. .......... ~ ....a~. qst selected by ~e
Ci~ as the success~l bidder on a present or pending bid for goods,
equipment or se~ices, or has been approved by ~e CiW on a present or
pending awed for goods~ equipment or se~ices, prior to or upon execution
of a contract~ purchase order or standing order.
2_. "Vendor" shall include natural persons and/or entities who hold a
controlling financial interest in a vendor enti_ty. The term "controlling
financial interest" shall mean the ownership, directly or indirectly, of 10% or
more of the outstanding capital stock in any corporation or a direct or indirect
interest of 10% or more in a firm. The term "finn" shall mean a corporation.
partnership, business trust or any legal entity other than a natural person.
3. For purposes of this ordinance, "vendor" status shall terminate upon
completion of the agreement for the provision of goods, equipment or
services.
For purposes of this section, the term "services" shall mean the rendering by
a vendor through competitive bidding or otherwise, of labor, professional
and/or consulting services to the City of Miami Beach.
62
(le.) B..._~.
The term contribution shall have the meaning ascribed to such term in
Chapter 106, Florida Statutes, as amended and supplemented (copies
available in City Clerks office).
Conditions for waiver of prohibition. The requirements of this section may be waived by a
5/7th vote for a particular transaction by city commission vote aRer public hearing upon
finding that:
/'1%
The property goods, equipment or services to be involved in the proposed transaction
are unique and the city cannot avail itself of such pmpe~ goods, equipment or
services without entering into a transaction which would violate this section but for
waiver of its requirements; or
The business entity involved in the proposed transaction is the sole source of supply
~ as determined by the City's Procurement Director in accordance with
procedures established in section 2-367(c) of the Miami Beach City Code; or(4)~
An emergency contract (as authorized by the City Manager pursuant to
section 2-396 of the Miami Beach City Code) must be made in order to protect the
health, safety or welfare of the citizens of the city, as determined by a five-sevenths
vote of the city commission:; or
A contract for the provision of goods, equipment or services exists which, if
terminated by the City, would be adverse to the best economic interests of the City.
63
Any grant of waiver by the city commission must be supported with a full disclosure of the subject
campaign contribution.
(-e-)C. Applicability. This section shall be applicable only to prospective transactions, and the city
commission may in no case ratify a transaction entered into in violation of this section.
SECTION 2. REPEALER
All ordinances or parts of ordinances in conflict herewith be and the same are hereby
repealed.
SECTION 3. SEVERABILITY
If any section, sentence, clause or phrase of this ordinance is held to be invalid or
unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the
validity of the remaining portions of this ordinance.
SECTION 4. CODIFICATION.
It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is
hereby ordained that the provisions of this ordinance shall become and be made a part of the Code of
the City of Miami Beach, Florida. The sections of this ordinance may be renumbered or relettered to
accomplish such intention, and the word "ordinance" may be changed to "section", "article," or other
s -CT ON S, t - ,crrrv
This Ordinance shall ~c cff~l ~c _.~z day of Janua~
tba d,y of
(Requested by Commissioner Jose Smith, and approved by Commurdty Affairs Committee)
(Paased on 1st R~adin8 on December 11, 2002)
JKO~w
0~dlaiauce :NO~. 2003.~$8~
F:\PURC~$ALLXRoman\ORDINANCES\CAMPAIGN ORDINANCE2003 -3389.doc
ORDINANCE NO. 2002-3363
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING MIAMI BEACH CITY
CODE CHAPTER 2, DIVISION 3, SECTION 2-485 THEREFORE
ENTITLED "LIST OF EXPENDITURES; FEE DISCLOSURE;
REPORTING REQUIREMENTS", BY REQUIRING DISCLOSURE OF
LOBBYIST' FEES; PROVIDING FOR REPEALER, SEVERABILITY,
CODIFICATION, AND EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA:
CiTY
SECTION 1. That Miami Beach City Code Chapter 2 entitled "Administration", Division 3
entitled "Lobbyist", Section 2-485 thereof is hereby amended to read as follows:
Sec. 2-485. List of expenditures; fee disclosure; reporting requirements.
ao
On October 1 of each year, lobbyist subject to lobbyist registration
requirements shall submit to the city clerk a signed statement under
oath as provided herein listing all lobbying expenditures in the city for
the preceding calendar year. A statement shall be filed even if there
have been no expenditures during the reporting period. The
statement shall list in detail each expenditure by category, including
food and beverage, entertainment, research, communication, media
advertising, publications, travel, lodging and special events.
b. Each lobbyist and hi~her principal shall, before en~a.(:lin.cl in any Iobbvin.cl
activities, submit to the City Clerk a joint signed statement under oath disclosing the terms
and amounts of cOmpensation (to be) paid by each principal to the lobbyist with regard to
the specific issue on which the lobbyist has been engaged to Iobbv:;~5~h~'~.~;C~
~~-~';~'~%~'~,~ '/' ~k~"' If no compensation has or will be paid concerning the
subiect lobby services, a statement shall nonetheless be filed reflecting as such.
65
c. Any change to information originally filed shall require that the lobbyist
principal under subsection (b) above) file, wi~ln~th~ee~ba~i~
continuing duty to supply accurate information and amend said reports when so
needed.
(b) d~ The city clerk shall notify any lobbyist (or principal) who fails to timely file an
the expenditure or fee disclosure reports referenced in sections (a) and (b) above. In
addition to any other penalties which may be imposed as provided is section 2-485.1, a fine
of $50.00 per day shall be assessed for reports filed after the due date.
(c=-) (e) The city clerk shall notify the Miami-Dade County Commission on Ethics and
Public Trust of the failure of a lobbyist (or principal) to file a either of the reports referenced
above and or pay the assessed fines after notification.
(-d-) (f) A lobbyist (or principal) may appeal a fine and may request a hearing before
the Miami-Dade Commission on Ethics and Public Trust. A request for a headng on the
fine must be filed with the Miami-Dade Commission on Ethics and Public Trust within 15
calendar days of receipt of the notification of the failure to file the required disclosure form.
The Miami-Dade Commission on Ethics and Public Trust shall have the authority to waive
the fine, in whole or in part, based on good cause shown.
SECTION 2.
REPEALER
All ordinances or parts of ordinances in conflict herewith be and the same are
hereby repealed.
SECTION 3.
SEVERABILITY
If section, sentence, clause or phrase of this ordinance is held to be invalid or
unconstitutional by any court of competent jurisdiction, then said holding shall in no way
affect the validity of the remaining portions of this ordinance.
6O
SECTION 4.
CODIFICATION
It is the intention of the Mayor and City Commission of the City of Miami Beach, and
it is hereby ordained that the provisions of this ordinance shall become and be made a part
of the Code of the City of Miami Beach, Florida. The sections of this ordinance may be
renumbered or relettered to accomplish such intention, and the word "ordinance" may be
changed to "section", "article", or; other appropriate word.
SECTION 5.
EFFECTIVE DATE
This Ordinance shall take effect 18th day of May, 2002.
PASSED and ADOPTED on Second Reading this 8th day of May, 2002.
ATTEST:
(Requested by Commissioner Matti Bower and Co-sponsored by Commissioner Simon
Cruz, Jose Smith and Richard Steinberg)
~haded language reflects changes between first and second reading.
JKO~v
F:ATTO\OLI J\RES-ORD~2-485.ORD,DOC
APPROVED AS TO
roP~ & I.ANOIJAGE
& FOR ExECUftON
67