HomeMy WebLinkAboutBid 03-01/02
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INVITATION TO BID
SUPPLY, DELIVERY AND INSTALLATION OF ROYAL
PALMS AND PHOENIX CANARIENSIS PALMS
BID #03-01/02
BID OPENING: January 8,2002 AT 3:00 P.M.
Gus Lopez, CPPO, Procurement Director
City of Miami Beach - Procurement Division
1700 Convention Center Drive
Miami Beach, FL 33139
BID NO: 03-01/02
DATE: 12/5101
CITY OF MIAMI BEACH
1
CITY CLERK
3/:2-1402-
C-7-8
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AGREEMENT
THIS AGREEMENT made this 20th day of March 2002. A.D. between the CITY OF MI
BEACH, a Florida municipal corporation, hereinafter called the City, which tenn shall include'
successors and assigns, party of the one part, and
TiD TOD Ente~rises. Inc.
18101 SW 98 Court
Miami. Florida 33157
hereinafter called the Contractor, which term shall include its heirs, successors and assigns, party f
the other part.
WITNESSETH that the said Contractor for the consideration and compensation herein agreed to e
paid and the said City in consideration of the construction of improvements to be done by sa d
Contractor and designated "SUPPLY, DELIVERY AND INSTALLATION 0
ROYAL PALMS AND PHOENIX CANARIENSIS PALMS" by said City, do here y
mutually agree as follows:
1, This Agreement shall extend to and be obligatory upon said City, its successors and assi s,
and upon said Contractor and its heirs, successors and assigns. Neither this Agreement n r
any part thereof nor any part of the Work herein contemplated, shall be assigned or subl t,
nor shall any sums of money provided to be paid to said Contractor be assigned by s d
Contractor to anyone without the consent ofthe City Commission of said City evidenced y
its resolution,
3.1 The Contractor shall be Substantially Completed with the Work within forty-fi e
(45) calendar days after the date of the Notice to Proceed, and completed and rea y
for final payment within sixty (60) calendar days after the date of the Notice 0
Proceed.
2, The foregoing pages of this booklet, including the Notice to Contractors, the Proposal,
the Contract Documents and such alterations as may be made in said Plans d
Specifications as therein provided for, are hereby referred to and made a part of t is
Agreement and the terms and conditions set forth therein, except when in direct conflict wi
this written Contract, are as much a part hereof as if copied herein. If conflicts exist betw
them and this written instrument, only that part of the matter in direct conflict herewith sh 11
not be construed to be a part hereof.
3. The Contractor shall commence work within seven (7) days of the Notice to Proceed
shall construct and complete in a good and workmanlike manner the materials herein reu
to, strictly in accord herewith the following:
BID NO: 03-01/02
DATE: 03117102
CITY OF MIAMI BEACH
1
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3.2 Damages - City and Contractor recognize that the City will suffer direct financial loss
if Work is not completed within the Contract times specified in paragraph 2.13 . They
also recognize the delays, expense and difficulties involved in proving in a legal or
arbitration proceeding the actual loss suffered by Owner if the Work is not completed
on time, and therefore time is of the essence. Accordingly, instead of requiring any
such proof Contractor agrees to forfeit and pay Owner as Uquidated damages for
delay (but not as a penalty) the amount of Fifty Dollan (550.00) for each calendar
day that expires after the Contract Time specified in paragraph 2.13 for
Substantial Completion until the Work is substantially complete.
4, In such construction said Contractor shall furnish all implements, machinery, equipment,
transportation, tools, materials, supplies labor, and other things necessary to the execution
and completion of the Work, nothing being required of the City except that it may, at its
expense, supervise such construction and enter upon and inspect the same at all reasonable
times.
5. If any dispute arises between the City and said Contractor with reference to the meaning or
requirements of any part of this Contract and they cannot agree, the more stringent
requirements shall govern as determined by the City.
6. If the Contractor shall complete the construction herein contemplated in a good and
workmanlike manner within the time herein specified and in accord herewith, the said City
shall pay to the Contractor the contract sum in accordance with the Conditions of the
Contract. The City, by allowing Contractor to continue with said construction after the time
for its completion hereinbefore stated shall not deprive City of the right to exercise any
option in this Agreement contained nor shall it operate to alter any other term of this
Agreement.
7. The Contractor shall file with the Procurement Director of said City of Miami Beach a
Perfonnance and Labor and Material Payment Bond, each in the amount of 100 percent of
Contract Amount, in the fonn as set forth herein or as otherwise approved by the City of
Miami Beach City Attorney and shall be executed by said Contractor and Surety Agent
authorized to do business in the State of Florida,
8. The Contractor shall tile Insurance Certificates, as required, and they must be signed by a
Registered Insurance Agent licensed in the State of Florida and approved by the City of
Miami Beach Risk Manager,
9. All documents shall be executed satisfactorily to said City and until Bonds and Insurance
Certificates hav~ been tiled and approved, this Contract Agreement shall not be effective.
BID NO: 03-01/02
DATE: 03/27/02
CITY OF MIAMI BEACH
2
10. Owner shall pay Contractor for performance of the Work in accordance with the Contract
Documents in current funds at the lump sum or unit prices presented in the Bid Proposal,
attached to this Agreement. The parties expressly agree that the Contract Price is a stipulated
sum except with regard to the items in the Bid which are subject to unit prices,
Contract Price:
$ 94.725.00
11, The Contract Documents which comprise the entire Agreement between City and Contractor
are attached to this Agreement and made a part hereof.
The Contract Documents may only be amended, modified or supplemented as provided in the
General Conditions.
IN WITNESS WHEREOF the said City has caused this Agreement to be signed by the Mayor of
the 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.
(SEAL)
CITY OF MIAMI BEACH
By
(Aut orized Corporate Officer)
By 5'~ CTun>/ VICf( ~
Vl ~ayor
"fflh.
Title
ATTEST:
~r~~
City Clerk
APPROVED AS TO
FORM & LANGUAGE
. FOR EXECUTION
BID NO: 03-01101
DATE: 03117101
CITY OF MIAMI BEACH
3
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PUBLIC WORKS BOND
THIS IS THE FRONT PAGE OF THIS PERFORMANCE AND PAYMENT
BOND ISSUED IN COMPLIANCE WITH CHAPTER s255.05 FLORIDA
STATUTES.
BOND NO.
CONTRACTOR NAME:
CONTRACTOR ADDRESS:
CONTRACTOR PHONE NO.
SURETY COMPANY:
OWNER NAME:
OWNER ADDRESS:
1039588
Tip Top Enterprises, Inc.
18101 S. W. 98th Court
Miami, FL 33157
( 305) 255-8198
XL Specialty Insurance Ccxnpany
210 University Drive. #209
Coral Sfri~S I FL 33071
C~ty 0 M~am1 Beach
1700 Convention Center Drive
Miami Beach. FL 33139
OWNER PHONE NO. ()
OBLIGEE NAME: ([fcontracting entity is
different from the owner, the contracting public entity)
OBLIGEE ADDRESS:
OBLIGEE PHONE NO.
BOND AMOUNT:
CONTRACT NO. (If Applicable)
DESCRIPTION OF WORK:
PROJECT LOCATION:
LEGAL DESCRIPTION
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94,725.00
Bid #03-01/02
Supply, delivery and installation"of Royal
Pi'll mR I'lna "Ph0l:m; x C;:mal1h'_n~i R Palms
FRONT PAGE
(ALL OTHER BOND PAGES ARE DEEMED SUBSEQUENT TO THIS PAGE
REGARDLESS OF ANY PAGE NUMBERS THAT MAYBE PRE-PRINTED THEREON)
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POND #1039588 PERFORMANCE BOND
(This bond meets and exceeds the requirements of Florida Statutes Section 255.05)
ST ATE OF FLORIDA )
ss
COUNTY OF )
,
KNOW ALL MEN BY THESE PRESENTS that we, Tip Top Enterprises, Inc.
as Principal, hereinafter called Contractor, and
XL Specialty Insurance Company as Surety, are firmly bound unto e Ci of iami
Beach, Florida, as Obligee, hereinafter called the City, in the Penal sum of Five &
Dollars ($ 94,725.00 ), for the payment of which sum well and truly to e7we bim.i
ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly
by these presents,
WHEREAS, Contractor, on the _ day of , 20 , entered into a certain
contract with the City, hereto attached, for BID#03-01l02, Entitled, " SUPPLY, DELIVERY
AND INSTALLATION OF ROYAL PALMS AND PHOENIX CANARIENSIS
PALMS" which Contract is made a part hereof by reference thereto.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that, if
the Contractor shall well and truly perform and fulfill all the undertakings, covenants, terms,
conditions and agreements of said Contract, and all duly authorized modifications of said Contract
that may hereafter be made, notice of which modifications to the Surety being hereby waived, then
this obligation shall be void; otherwise to remain in full force and effect.
WHENEVER the Principal shall be and is declared by the City to be in default under the
Contract, or whenever the Contract has been terminated by default of the Contractor, the City having
performed the City's obligations thereunder, the Surety shall:
1. Complete the Contract in accordance with its terms and conditions, or at the City's
sole option.
Obtain a Bid or Bids for submission to the City for completing the Contract in accordance with its
terms and conditions, and upon determination by the City and the Surety of the lowest responsible
Bidder, arrange for a Contract between such Bidder and the City, and make available as Work
progresses (even though there should be a default or a succession of defaults under the Contract or
Contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion
less the balance of the Contract price; but not exceeding, including other costs and damages for .
which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The
term "balance of the Contract price" as used in this paragraph, shall mean the total amount payable
by the City to the Contractor under the Contract and any amendments thereto, less the amount
properly paid by the City to the Contractor.
BID NO: 03-01102
DATE: 03/27/02
CITY OF MIAMI BEACH
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No right of action shall accrue on this Bond to or for the use of any person or corporation
other than the City named herein or the successors or assignees thereof.
The Surety shall and does hereby agree to indemnify the City and hold it hannless of, from
and against any and all liability, loss, cost, damage or expense, including reasonable attorneys fees,
engineering and architectural fees or other professional services which the City may incur or which
may accrue or be imposed upon it by reason of any negligence, default, act and/or omission on the
part of the Contractor, any Subcontractor and Contractor's or Subcontractors agents, servants and/or
employees, in, about or on account of the Construction ofthe work and perfonnance of said Contract
by the Contractor.
This Bond shall remain in full force and effect for such period or periods of time after the
date of acceptance of the project by the City as are provided for in the Contract Documents, and the
Contractor hereby guarantees to repair or replace for the said periods all work perfonned and
materials and equipment furnished, which were not perfonned or furnished according to the tenns
of the Contract Documents. Ifno specific periods of warranty are stated in the Contract Documents
for any particular item of work, material or equipment, the Contractor hereby guarantees the same
for a minimum period of one (1) year from the date of final acceptance by the City of the entire
proj ect.
Any suit on this bond must be instituted within such period or periods as may be provided
by law.
BID NO: 03-01/02
DATE: 03/27/02
CITY OF MIAMI BEACH
5
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IN WITNESS WHEREOF, the above bounded parties have caused this Bond. to be executed by
their appropriate officials of the 5th day of Apnl ,
20 02
WITNESS:
COUNTERSIGNED BY
RESIDENT FLORIDA
AGENT OF SURETY:
(Co Agen
Li nse as issued by State
of Florida Insurance
Commissioner
BID NO: 03-01102
DATE: 03/27/02
1S
PRINCIPAL:
(If sole Proprietor or partnership)
By:
(Finn Name)
BY
Title: (Sole Proprietor or Partner)
PRINCIPAL (If Corporation)
~!p~~r~l~
(Corporate Name) .... j) ^ )
~D# fl().ulb {t;..MJ
BY C/'
(Pres dent)
(CORPORATE SEAL)
SURETY:
~&~-
/ Attorney-in-fact Burton Harris
(Power of Attorney must be attached)
CITY OF MIAMI BEACH
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CERTIFICATES AS TO CORPORATE PRINCIPAL
I, , certify that I am the Secretary of the Corporation named as
Principal in the foregoing bond; that who signed the said bond on behalf
of the Principal, was then of said Corporation; that I know his
signature, and his signature hereto is genuine; and that said bond was duly signed, sealed, and
attested for and in behalf of said Corporation by authority of its governing body.
Corporate
Seal
Secretary
STATE OF FLORIDA)
ss
COUNTY OF )
Before me, a Notary Public, duly commissioned, qualified and acting, personally appeared
Burton Harris to me well known, who being by me first duly sworn upon oath, says
that he is the Attorney-in-Fact, for the XL Specialty Insurance Co. and that he has been
authorized by XL Specialty Insurance Co. to execute the foregoing bond on behalf of the
Contractor named therein in favor of the City of Miami Beach, Florida.
Subscribed and sworn before me this 5th day of April , 20 ~ A.D.
(Attach Power of Attorney)
Ib~ /{.15~
. Notary Public
State of Florida- at-Large
My Commission Expires:
BARBARA K. BATES
Notary Public, S:ale of Florida
My comm. expo Aug. 29, 2005
Cnmm. No. DO 047170
BID NO: 03-01102
DATE: 03/27/02
CITY OF MIAMI BEACH
7
BOND #1039588
LABOR AND MATERIAL PAYMENT BOND
(SECTION 255.05, FLA. STAT.)
BY THIS BOND, We, Tip Top Enterprises, Inc. , as Principal, and
XL 8pEr.i;llty lraJran:.e Crn{mly as corporation, as Surety, are bound to the City of Miami Beach,
Florida, as obligee, herein called City, in the sum of $ Nirety Far 'Iln.1sarrl Seven H.rlred ~tKeFive & 00/1.00
payment of which we bind ourselves, our heirs, personal representatives, successors and assigns,
jointly and severally,
THE CONDITION OF THIS BOND is that if Principal:
Promptly makes payments to all claimants, as defined in Section 255.05 (1), Fla. Stat., supplying
Principal with labor, materials, or supplies, used directly or indirectly by Principal in the prosecution
of the work provided for in the contract; and
Pays City all losses, damages, expenses, costs, and attorney's fees, including appellate proceedings,
that the City sustains in enforcement of this bond.
Performs the guarantee of all labor and materials furnished under the contract for the time specified
in the contract, then this bond is void, otherwise it remains in full force.
Any changes in or under the contract documents and compliance or noncompliance with any
formalities connected with the contract or the changes does not affect Surety's obligation under this
bond.
The provisions of Section 255.05, Fla. Stat., are specifically adopted by reference and made a part
hereof for the purposes specified therein.
The contract dated
by reference.
between the City and Principal is made a part of this Bond
Claimants are advised that Section 255.05, Fla. Stat., contains notice and time limitation provisions
which must be strictly complied with.
BID NO: 03-01102
DATE: 03/27/02
CITY OF MIAMI BEACH
8
IN WITNESS WHEREOF, the above bounded parties have caused this Bond to be executed by
their appropriate officials of the 5th day of April
20 02
WITNESS:
PRINCIPAL:
(If sole Proprietor or partnership)
(Firm Name)
BY
Title: (Sole Proprietor or Partner)
PRINCIPAL (If Corporation)
COUNTERSIGNED BY
RESIDENT FL DA
AGENT OF TY:
SURETY:
By:
urance Company
is
Burton Harris
(power of Attorney must be attached)
BID NO: 03-01102
DATE: 03/27/02
CITY OF MIAMI BEACH
9
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FLORIDA DEPARTMENT Of INSllRANCE
BURTON VICTOR HARRIS
License Number A111883
ISUCENSEDTO~l1iE
FOlL0'NN3 ClASSES'&tNStJRANCe"
General Lines (Prop & Cas)
Ins Co Emp Adj - Prop & Cas
........_-1:'("..._
-~.
This licensee must have an acIiYe appointment with the insurer or employer fof
which products or seMc:es are betng marbted. See rewne for additional
requirements
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Client#: 11399 TIPTO
, ACQBD". CERTIFICATE OF LIABILITY INSURANCE I DATE (MMlDDm')
04/30/02
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
HRH of South Florida, Inc ONLY AND CONFERS NO RIGHTS UPON THE CERTlFICA1E
2301 SW 27 Ave HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
POBox 450549 .-.1
Miami, FL 33245 ,n..~D INSURERS AFFORDING COVERAGE
INSURED \ .... ,~ INSURER A: Hartford Insurance Company
Tip Top Enterprises, Inc. 1lI~'( 0 11GO~ NSURERB: Florida Retail Federation
18101 S.W. 98th Court I\-!sURER c:
Miami, FL 33157 '~SURER D:
I BY~ I INSURER E:
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING I
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCI-' ,
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. I
~-M i TYPE OF INSURANCE I'-~OUCY NUMBER I ?R~iir ~ITJ,g)}~~ iPg~fl ,i.1fk~~!' i UMITS I
A .~ERALUABIUTY i21UENUT4701 107/26/01107/26/02 EACH OCCURRENCE Is1 000. ooe
X COMMERCIAl GENERAL LIABILITY : I I FIRE DAMAGE (Any one fire) Is300 000
I CLAIMS MADE [XJ OCCUR I I r MED EXP (Anyone person) $1 0 0 0 0
- I PERSONAL&ADVINJURY s1.000 000
I: GENERAL AGGREGATE s2 . 000 00 e
~N'LAGGREGATELIMITAPPl.IESPER'1 I PRODUCTS -COMPiOPAGG s2. 000 000
II POLICY n ~~8r n LOC I, I I
A I AUTOMOBILEUABIUTY 121UENUT4701 9 107/26/01107/26/02 I, COMBINED SINGLE LIMIT I
i" 'ANYAUTO I " !(Eaeecident) ISl,OOO,OOO
ALL OWNED AUTOS I A -. - ilf I ! BODILY INJURY I
i ~ ::~~:SAUTOS , P97/~ ~ I, ~)il: ; "7- Ii ~~:~yrsl:;URY (
I~ NON-DWNED AUTOS ( > / 7j: I i (Per accidentl ! S
H -- -- , I I PROPERTY DAMAGE I's
i I I i I (per accident)
'R, aAllAGE UABlUTY i i I i AUTO ONLY. EA ACCIDENT i s
ANY AUTO I : I ! OTHER THAN EA ACC I s
. I ! i j AUTO ONLY: AGG ! s
A ~ESSUABILITY---, i21XHUUT4444 i 07/26/01 i 07/26/02 ! EACH OCCURRENCE i $1,000. ooe ,
L10 OCCUR U CLAIMS MADE , . r ; AGGREGATE : $1 , 000 , 000 '
h DEDUCTIBLE: i I',., 'i I : I
ixI RETENTION s10000 I ,_ ! is I
B r WORKERSCOMPENSAnONAND : 052 0 03 96 6000 0 101/01/02 ! 01/01/03 r X Ilt,~~I~JI4s! !Ol~' i
.! IE.LEACHACCIDENT Is100. 000
'Ii EMPLOYERS' UABIUTY Ii i E.L OISEASE _ EA EMPLOYEEI sl 0 0 , 000
i ! E.L DISEASE - POLICY LIMIT I s5 0 0 , 000
i OTHER i I I'
i I I
i I I i
OESCRlP1lON OF OPERAnONSlLOCAnONSlVEHICLESlEXCLUSlONS ADOED BY ENDDRSEMENTISPECIAL PROVISIONS
Bid No.: 03-01/02
City of Miami Beach is named as an Addtional Insured with respects to the
General Liability.
CERTIFICATE HOLDER
I X ! ADDmONALINSURED;INSURERLETTER: .A
I
CANCELLATION
City of Miami Beach
1700 Convention Center Drive
Miami Beach, FL 33139
SHOULD ANYOFTHE ABOVE DESCRlBEO POLICIES BE CANCELLED BEFORE THE EXPlRAnON
OATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAlL 3...0.- DAYS WRITTEN
N~Q.!I;!E t;.~!lT1FICATE HOLDERNAMEDTOTHELEFT, BUTFAlLURE TO DOSO SHALL
':; 1M POSE NOOBLIGATlON OR LIABIUTY OF ANY KIND UPON THE INSURER,ITS AGENTS OR
REPRESENTAnVE
AUTHORIZ P
@ ACORD CORPORATION 1988
I
ACORD 25-S (7/97) 1 0 f 2
#S42216/M39335
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IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
If SUBROGATION IS WAIVE,D, subject to the terms and conditions of the policy, certain policies may
require an endorsement. A statement on this certificate does not confer rights to the certificate
holder in lieu of such endorsement(s).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it
affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.
ACOR025-S (7197) 2 of 2 #S42216/M39335
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FlORIDA 33139
_.c1.mlami-beach.fl.us
COMMISSION MEMORANDUM
To:
Mayor David Dermer and
Members of the City Commission
Date: March 20, 2002
From:
Jorge M, GOnzalez~~
City Manager {l 0
REQUEST FOR APPROVAL TO AWARD A CONTRACT TO llP TOP TREE AND
LANDSCAPING SERVICES, IN THE AMOUNT OF $94,725, PURSUANT TO BID
NO. 03..01/02, FOR THE SUPPLY, DELIVERY AND INSTALLATION OF
TWENTY.1WO ROYAL PALMS AND SEVEN PHOENIX CANARIENSIS PALMS
AT LA GORCE ISLAND.
Subject:
ADMINISTRATION RECOMMENDATION:
Approve the Award.
FUNDING:
$104,000 Funding is available in Account No. 373.2317.067357, from the $92 million General
Obligation Bond - Series 2000.
ANALYSIS:
The La Gorce Island Homeowners Association, through several community meetings, expressed
an interest in enhancing the appearance of the island by providing additional landscaping and
lighting. On May 16, 2001, the Mayor and City Commission appropriated funds from the General
Obligation Bond (GO) for this purpose.
Invitation to Bid No. 03-01/02 was issued on December 5, 2001. with a Bid opening date of January
8,2002. One-thousand-two-hundred-twenty-four (1224) Notices were issued by Demandstar by
Onvia.com, with twenty (20) vendors downloading the bid documents. This resulted in the receipt
of four (4) responsive bids. The Bid requested pricing for a quantity of twenty-two (22), Royal
Palms, in sizes of 30',35', and 45' gray wood and 10' Phoenix Canariensis Palms, for a quantity
up to fifteen (15) to be determined, based on the availability of funds.
The Procurement Division has checked the references provided. the financial status, and the ability
of the low bidder (Tip Top) to perform the required scope of work. This due diligence indicates that
Tip Top Tree and Landscaping Services, is the lowest and best bidder pursuant to the scope of
work specified in the documents,
The Parks and Recreation Department has recommended the installation of the 30ft gray wood
(GW) Royal Palms and not the larger sizes. The staff states that 45' Royal Palms are not the
optimum size to transplant, and are collected palms which are not usually available in nurseries.
It is very difficult to individually collect Florida Number One specimen palms at sizes between 30'
to 35' of gray wood and even more unlikely to find 45' gray wood Palms that can be classified as
Florida Number One.
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Commission Memorandum
March 20, 2002
Page 2
ANALYSIS ICant.)
City staff will be responsible for maintaining the plants after the one-year warranty period expires.
Additionally, staff has noted that aesthetically, the 30' gray wood Palms are consistent with the
existing character of the neighborhood. The 30' palms have a greater likelihood to survive
transplanting and will establish and grow more readily than the 45' palms.
In addition, installing the smaller size palms will maximize the use of the funds allocated to the
projed and allow installation of an additional number of Canary Palms, which will further enhance
the improvements at La Gorce Island.
The community continues to request the 45' gray wood Royal Palms, which the Parks and
Recreation Department has not recommended, They have stated they are willing to give up some
or all of the Canary Palms if necessary. The Administration believes this is not the most effective
and efficient use of the funding and therefore believes the Project should proceed as recommended
by Parks and Recreation staff.
BID TABULAnON:
COMPANIES' PROP08AL8
TIP TOP TREE & ARAZOZA BROTHERS TROPIC LANOSCAPING VILA & SON
LANDSCAPING SERVICES
I QIy. Un~ Price Total $ Unit Pricel Total $ Un~ PrIce Total $ Unit PrIce TolaI $
IOPTION 1 30ft ow .
Une Item 1Rayl11 22 3,150.00 69,300.00 3,750.24 82,50528 3,800.00 79,200.00 3,900.00 85,800.00
Liii: iiem 2 c-rv 15 3,675.00 155,125.oo 4,800.00 12,000,00 5,500.00 82,500.00 5,500.00 82,500.00
GRANO TOTAl 124.425.00 154,505.28 181,700.00 188,300.00
-.
~ow ..-.
Une Item 1 RovlII 22 3,675.00 . 80,850.00 4,200.24 92,405.26 4,000.00 68,000.00 4.750.00 104,500.00
Line I*" 2 C8IllIrY 1-15) 3,875.00 NlA 4,800.00 NlA 5.500.00 5,900.00 .~
GRAND TOTAl
-
OPTION 3411ft ow
line ...." 1Rova1 22 3,675.00 80,850.00 5,500.24 121,005.28 NlA NlA 8,500.00 143,000.00
Line Item 2 C8rwy 1-15) 3,675.Oii NlA 4.soo.00 NlA 5,500.00 NlA 5,900.00 NlA
GRAND TOTAl.. -
10 DAYS 30 DAYS 10 DAYS 30 DAYS
Based on the above recommendation, the lowest bldder's unit prices and available funds. the award
will be for 22 of the 30' gray wood Royal Palms, and for seven, 10' Phoenix Canariensls Palms in the
amount of $94,725. Funds In the amount of $9,275 will be retained as a contingency for additional
Phoenix Canariensis Palms and/or for unforeseen conditions realized during the projed.
T:\CMGR\AGENDA\2OO2IMAR2OO2\CSENl'LaGonlePllml1.doc
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CITY OF MIAMI BEACH
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1700 CONVENTION CENTER DRIVE, MIAMI BEACH, FLORIDA 33139
http:\\cl.mlaml-beach.n.us
PROCUREMENT DIVISION
Telephone (305) 673-7490
Facsimile (305) 673-7851
INVITATION TO BID NO. 03-01102
PUBLIC NOTICE
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.rn. on the 8th day of January 2002
for:
SUPPLY, DELIVERY AND INSTALLATION OF ROYAL PALMS
AND PHOENIX CANARIENSIS PALMS
Scope of Work: The work specified in this bid consists of furnishing all labor, machineI)', tools, means of
transportation, supplies, equipment, materials, services necessary for the supply, deliveI)' and instaI1ation
of 22 Royal Palms, (Grey Wood 30-45 Ft.) and Phoenix Canariensis Palms Caruny Island date (10 Ft CT
Clear Trunk), as specified on the bid form.
At time, date, and place above, bids will be publicly opened. Please be advised that the City has
implemented enhanced security measures and as a result you must present a photo identification card (i.e.
driver's license) before entering our City Hall building. Bidders may expect delays up to 30 minutes, and
should therefore plan accordingly in giving themselves enough time to deliver bid/proposaI by the due date
and time as specified herein. 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 Bid Guaranty of $2,000.00 will be required with the bid. The successful bidder will be required to furnish
Performance and Payment Bonds, each in the amount of one hundred (100010) percent of the Contract
amount.
The City has contracted with DemandStar by Onvia as our electronic procurement service for automatic
notification of bid opportunities and document fulfillment. We encourage you to participate in this bid
notification system. To fmd out how you can receive automatic bid notifications or to obtain a copy
of this Bid, go to www.demandstar.com or call toll-free 1-800-711-1712, and request Document
#033. Subscribing to DemandStar by Onvia's bid notification system is not a requirement. You will still
be able to find bid infonnation and download documents through the City's website /htto://ci.miami-
beach.tlus. From the City's home page, click on Procurement and follow the instructions. You will be
charged an administrative fee of $5.00 by DemandStarto download this document.
Any questions or clarifications concerning this Bid shaIl be submitted in writing by mail or fucsimile to the
Procurement Department, 1700 Convention Center Drive, Miami Beach, FL 33139, or FAX: (305) 673-
7851. The Bid title/number shaIl 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 fonn of an addendum.
BID NO: 03-01102
DATE: 12/5/01
CrIY OF MIAMI BEACH
2
The City of Miami Beach resetVes the right to accept any proposal or bid deemed to be in the best interest
of the City of Miami Beach, or waive any inforrnaIity in any proposal or bid. The City of Miami Beach may
reject any and all proposals or bids.
YOU ARE HEREBY ADVISED THAT THIS BID IS SUBJECT TO THE "CONE OF
SILENCE, " IN ACCORDANCE WITH ORDINANCE NO. 99-3164. A COPY OF ALL
WRITTEN COMMUNICATlON(S) REGARDING THIS BID MUST BE FILED WITH THE
CITY CLERK.
YOU ARE HEREBY ADVISED THAT THIS INVITATION TO BID IS SUBJECT TO THE
CITY OF MIAMI BEACH DEBARMENT ORDINANCE NO. 2000-3234.
.?/.,/'
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I (,~,,-
I.
Gus Lopez, CPPO
Procurement Director
BID NO: 03-01102
DATE: 12/5101
CITY OF MIAMI BEACH
3
SUPPLY, DELIVERY AND INSTALLATION OF ROYAL PALMS AND
PHOENIX CANARIENSIS PALMS
BID #03-01102
1.0 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 Director, 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 amoWlt of the bid, the UNIT PRICE quoted will govern. All prices
must be F.O.B. destination, freight prepaid (unless othetw:ise stated in special conditions).
DiscoWlts for prompt payment. Award, if made, will be in accordance with tenns 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 discoWlts offered will not be a consideration
in determination of award ofbid(s).
BID NO: 03-01/02
DATE: 12/5/01
COY OF MIAMJ BEACH
4
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.
1.6 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.
1.7 CONDITION AND PACKAGING:
It is wulerstood 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.
1.8 UNDERWRlTERS'LABORATORlES:
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.
1.9 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 necessaI)' for the best interest of the City of Miami Beach,
FL.
1.10 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 manufacn.1rer'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 alternate brand or model number, the bid will
be considered as a bid in complete compliance with the specifications as listed on the attached
form.
BID NO: 03-01102
DATE: 12/5/01
Cl1Y OF MIAMI BEACH
5
1.11 (NOT USED)
1.12 (NOT USED)
1.13 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.
1.14 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.
1.15 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
nonnal working hours of the user, Monday through Friday, excluding holidays.
1.16 INTERPRETATIONS:
Unless otheIWise 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.
1.17 (NOT USED)
1.18 AWARDS:
In the best interest of the City of Miami Beach, the City Conunision reserves the right to reject all
bids or any portion of any bid they deem necessary for the best interest of the City; to accept any
item or group of items unless qualified by the bidder; to acquire additional quantities at prices
quoted on the Bid Form unless additional quantities are not acceptable, in which case the Bid Form
must be noted "BID IS FOR SPECIFIED QUANTITY ONLY". All awards made as a result of
this bid shall conform to applicable Florida Statutes.
BID NO: 03-01/02
DATE: 12/5/01
CITY OF MIAMI BEACH
6
1.19 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.
1.20 INSPECTION, ACCEPTANCE & TITLE:
Inspection and acceptance will be at destination 1.U1less otherwise provided. Title t%r risk ofloss
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 seIVices
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.
1.21 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.
1.22 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.
1.23 LEGAL REQUIREMENTS:
Federal, State, county and city laws, ordinances, roles 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.
1.24 (NOT USED)
1.25 (NOT USED)
1.26 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.
1.27 OSHA:
The bidder warrants that the product supplied to the City ofMiarni 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.
BID NO: 03-01102
DATE: 12/5/01
CrIY OF MIAMI BEACH
7
1.28 SPECIAL CONDITIONS:
Any and all Special Conditions that may V8l)' from these General Conditions shall have precedence.
1.29 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.
1.30 AMERICAN WITH DISABILITIES ACT:
Call (305) 673-7490NOICE to request material in accessible format; sign language interpreters
(five days in advance when possible), or infonnation on access for persons with disabilities. For
more infonnation on ADA compliance please call the Heidi Johnson Wright at the Public Works
Department at 305,673-7080.
1.31 QUALOY:
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 (NOT USED)
1.33 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 necessmy 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.
1.34 BID BONDS, PERFORMANCE BONDS, CERTIFlCATES OF INSURANCE:
Bid Bonds, when required, shall be submitted with the bid in the amount specified in Special
Conditions. After acceptance of bid, the City will notify the successful bidder to submit a
performance bond and certificate of insurance in the amount specified in Special Conditions.
1.35 DEFAULT:
Failure or refusal of a bidder to execute a contract upon award, or withdrawal of a bid before such
award is made, may result in forfeiture of that portion of any bid surety required equal to liquidated
damages incmred 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 bidder's list.
BID NO: 03-01102
DATE: 12/5/01
C11Y OF MIAMI BEACH
8
1.36 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
tenninate any contrnct resulting from this invitation at any time and for any reason, upon giving 1hirty
(30) days prior written notice to the other party.
1.37 BILLING INSTRUCTIONS:
Invoices, unless othetwise indicated, must show purchase order numbers and shall be submitted
in DUPLICATE to the City of Miami Beach, 1700 Convention Center Drive, Miami Beach,
Florida 33139.
1.38 (NOT USED)
1.39 (NOT USED)
1.40 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 finnish the brand quoted in their bid once awarded. Any substitute shipments will
be returned at the bidder's expense.
1.42 FACILITIES:
The City Commission reserves the right to inspect the bidder's facilities at any time with prior notice.
1.43 BID TABULATIONS:
Bidders desiring a copy of the bid tabulation may request same by enclosing a self-addressed
stamped envelope with the bid.
1.44 (NOT USED)
1.45 (NOT USED)
1.46 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.
BID NO: 03-01/02
DATE: 12/5/01
CfIY OF MIAMI BEACH
9
Any interpretation of the Bid, if made, will be made only by Addendum duly issued by the City of
Miami Beach Procwement Director. The City shall issue an InfonnationaI Addendum if clarification
or minimal changes are required. The City shall issue a Fonnal 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 govem 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 Fonnal Addendum by signing in the
space provided on the Bid 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.
1.47 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 setv:ices as described in this Bid. Bidders must be able to demonstrate a good record
of perfonnance 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 tenns and conditions herein stated. The tenns "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 industty and as detennined 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 infonnation 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 infonnation 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 necessaty during the Bid evaluation period in order to comply
with this demonstration of competency section.
BID NO: 03-01/02
DATE: 12/5101
CTIY OF MIAMI BEACH
10
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
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 corpomtion 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, pennits 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 Depar1ment 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 "Spot Market Purchased" may be purchased by other
methods, i.e. Fedeml, 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 County
upon any debt, taxes or contracts which are defaulted as surety or otheIWise upon any obligation
to the County.
BID ~O: 03-01102
DATE: 1215101
COY OF MIAMI BEACH
11
1.54 WAIVER OF INFORMALITIES
The City reserves the right to waive any infonna1ities or irregularities in this bid solicitation.
1.55 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.
1.56 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 (I) 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.
1.57 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.
1.5S 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.
1.59 GRATUITIES
Proposers shall not offer any gratuities, favors, or anything of monetaty value to any official,
employee, or agent of the City, for the purpose of influencing consideration of this proposal.
BID NO: 03-01102
DATE: 12/5/01
CITY OF MIAMI BEACH
12
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 procme 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 c1arifications 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 of a
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 of36 months
from the date of being placed on the convicted vendor list.
BID NO: 03-01102
DATE: 12/5/01
CITY OF MIAMI BEACH
13
SUPPLY, DELIVERY AND INSTALLATION OF
ROYAL PALMS AND PHOENIX CANARIENSIS PALMS
BID #03-01102
2.0 SPECIAL CONDITIONS
2.1 PURPOSE:
The purpose of this bid is to establish a contract, by means of sealed bids to a qualified contractor,
for the supply, delivery and installation of 22 Royal Palms, (Grey Wood 3045 Ft.) and Phoenix
Canariensis Palms (10 Ft. Canary Date), as specified on the bid form.
2.2 METHOD OF AWARD:
Award of this contract will be made to the lowest responsive, respollSlble and best bidder(s) whose
bid will be most advantageous to the City of Miami Beach.
The City reserves the right to award this contract to multiple vendors if it is deemed to be in the best
interest of the City, The City will however, before selecting the vendor from whom to order, uti1ize
the best bid dependent upon availability of funding for this project.
2.3 PAYMENT:
Full payment will he made upon acceptance of a complete unit(s). No down or partial down
payments will be made.
2.4 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.
2.5 ADDlTIONSIDELETIONS OF FACILITIES: NIA
2.6 PRICES SHALL BE FIXED AND FIRM FOR TERM OF CONTRACT: NIA
2.7 PRE-BID CONFERENCE/SITE INSPECTION: (N/A)
2.8 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 cormection 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.
BID NO: 03-01/02
DATE: 12/5/01
Cf1Y OF MIAMI BEACH
14
The contractor, at all times during the full duration ofworlc Wlder this contract, including extra worlc
in connection with this project shall meet the following requirements:
Maintain Worlcer's Compensation and Employer's Liability Insurance to meet the statuto!)'
requirements of the State ofFlorida.
Maintain Comprehensive Genera1 Liability Insurance in amoWlts prescribed by the City (see checklist
for limits) to protect the contractor in the interest of the City against all risks of injwy to persons
(including death) or damage to property wherever located resulting from any action or operation
Wlder the contract or in connection with the worlc. 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 covering all owned, non-owned
or hired automobiles and equipment used in connection with the worlc.
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 insmance shall be made without thirty (30) days written notice to the
City of Miami Beach Risk Manager.
All insurance policies shall be issued by companies authorized to do business Wlder 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 worlc 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 Wlderstood 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 worlc performed in this contract.
BID NO: 03-01102
DATE: 12/5/01
CITY OF MIAMI BEACH
15
All policies issued to cover the insurance requirements herein shall provide full coverage from the first
dollar of exposme. 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 hannless agreement:
"The contractor hereby agrees to indemnify and hold hannless the City of Miami Beach, a municipal
corporation, its officers, agents, and employees from all claims for bodily injmies to the public in and
up to the amoilllt of $1,000,000.00 for each occurrence and and for all damages to the property
of others in and up to the amoilllt of $ I ,000,000.00 for each occurrence per the insurance
requirement illlder 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 illlder contract".
The foregoing indemnity 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 detennined by a court of competent jurisdiction.
The contractor will notify his insurance agent without delay of the existence of the Hold Hannless
Agreement contained within this contract, and furnish a copy of the Hold Hannless Agreement to
the insurance agent and camero
The contractor will obtain and maintain contractual liability insurance in adequate limits for the sole
pwpose of protecting the City of Miami Beach illlder the Hold Hannless Agreement from any and
all claims arising out of this contractual operation.
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 canying inswance and furnishing copies of the insurance policies shall
not relieve the contractor and all subcontractors of their liabilities and obligations illlder 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 term.
Should any awardee fail to provide acceptable evidence of current inswance within seven days of
receipt of written notice at any time during the contract term, the City shaI1 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.
BID NO: 03-01/02
DATE: 12/5/01
mY OF MIAMI BEACH
16
It is understood and agreed that the inclusion of more than one insured Wlder these policies shall not
restrict the coverage provided by these policies for one insured hereWlder 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 hereWlder, other insureds hereWlder 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 hereWlder as are not reserved for the exclusive use of occupancy of the insured
against whom claim is made or suit is filed.
BID NO: 03-01/02
DATE: 12/5/01
C11Y OF MIAMI BEACH
17
xxx 1.
xxx 2,
xxx 3.
xxx 5.
XXX?,
xxx 8.
xxx 9.
INSURANCE CHECK LIST
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 injwy property damage to include Premises! Operations; Products,
Completed Operations and Contractual Liability. Contractual Liability and Contractual
Indemnity (Hold hannless endorsement exactly as written in "insurance requirements" of
specifications).
Automobile Liability - $1,000,000 each occurrence - owned/non-owned!hired automobiles
included.
4.
Excess Liability - $
.00 per occurrence to follow the primary coverages.
The City must be named as ani 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
Thirty (30) days written cancellation notice required.
Best's guide rating B+: VI or better, latest edition.
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
re~(;'fuini~(~ ~tI~W
Bidder
BID NO: 03-01102
DATE: 12/5/01
CITY OF MIAM1 BEACH
18
2.9 VENDOR APPLICATION
The City has contracted with DemandStar by On via as our electronic procurement service for
automatic notification of bid opportunities and document fulfilhnent We encourage you to
participate in this bid notification system. To fmd out how you can receive automatic bid
notifications or to obtain a copy of this Bid, go to www.demandstar.com or call toU-free 1-
800-711-1712, and request Document #033. Subscribing to DemandStar by Onvia's bid
notification system is not a requirement You will still be able to find bid information and download
documents through the City's website <htto:l/ci.miami-beach.fl.us. From the City's home page, click
on Procurement and follow the instructions. You will be charged an administrative fee of $5.00 by
DemandStar to download this document.
2.10 CONTACT PERSON: NIA
2.11 SAMPLES: NIA
2.12 BID, PERFORMANCE, AND BUDGET
A Bid Bond of $2,000.00 will be required with the bid. The successful bidder will be required to
furnish Performance and Payment Bonds, each in the amount of one hundred (100%) percent of
the Contract amount.
2.13 LIQUIDATED DAMAGES:
Vendor shall specifY in the space provided the guaranteed delivery time. If the successful bidder
fails to deliver within the specified delivery time, it is understood that $ 50.00 per calendar day per
item will be deducted, as liquidated damages, for each day beyond the specified delivery time.
2.14 DISCOUNTS (From published price lists): N/A
2.15 ESTIMATED QUANTITIES: N/A
2.16 GUARRANTY:
The successful bidder will be required to provide one-year guarranty on all pahn trees supplied. The
Guarranty, at a minimum, must meet/include the specified requirement(s) in Section 3.0. (Minimum
Specifications) The complete Guarranty shall be described in detail on the attached Bid Form.
2.17 PRODUCT/CATALOG INFORMATION: N/A
2.18 REFERENCES (pROVIDE 8 REFERENCES, PLEASE SEE PAGE 25)
2.19 COMPLETE PROJECT REQUIRED: NIA
2.20 FACILITY LOCATION:
The City will provide planting locations within La Gorce Island.
BID NO: 03-01102
DATE: 12/5/01
CITY OF MIAMI BEAOI
19
2.21 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 supplied, delivered and installed Palm Trees as specified within the bid
form in this docwnent. The evidence will consist of listing of work that has been provided to public
and private sector clients, ie. nature of work and nwnber of units (includes supply, delivery and
installation) within the last three (3) years.
2.29 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.
2.30 EXCEPTIONS TO SPECIFICATIONS: NIA
2.31 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.
2.32 MAINTENANCE AGREEMENT: (N/A)
2.33 EQUAL PRODUCT: (N/A)
BID NO: 03-01/02
DATE: 12/5/01
CITY OF MIAMI BEACH
20
SUPPLY, DELIVERY AND INSTALLATION OF ROYAL PALMS AND
PHOENIX CANARIENSIS PALMS
BID #03-01102
3.0 MINIMUM SPECIFICATIONS
GENERAL
. Material, delivery and installation shall comply with the requirements and specifications of the
State of Florida Depar1ment of Agriculture and Consumer Services (FDOA), grades and
standard for Nursery plants - part II & I.
. Plant material shall be Florida number one or better.
. Palms shall be healthy and vigorous, free of disease, insects, and pests and their eggs, and
larvae.
. Free of physical damage such as scrapes, scars, bark abrasions, etc.
. Palms shall be guaranteed, as specified above, for a period of one year after the date of planting
and shall be in flomishing condition at the end of the guarantee period.
. Each palm shall be watered at least (5) five times per week, 20 gallons per tree per day for the
first three (3) weeks, and then three (3) times per week for the next six (6) weeks.
. Contractors will provide for all utility checks and obtain all required State, COllllty and
Municipal Pennits.
Minimum Requirements: Prospective Bidder must have minimwn of 3 years experience in
providing similar type/size scope of work.
BID NO: 03-01102
DATE: 12/5/01
CITY OF MIAMI BEACH
21
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=** wiI be ~ In .... .....u It is mi&9laced. lost.
_OIClO1lrcyOCl
R...litttr
TIP TOP ENTERPRISES. INC.
I
..
P **-CI'rY OF HIAKI BEACH*****
ay
to me order of
sonSA
BANK Of tlORIOA
JUs lonml4nt lias a mU:To-print signatuTt fi1U!, ~.{
II ~g~!~~
14095 SOliT~ DIXlE HWY
VI....MI. ~lOFl:JCA 33P'6.1'222
. ,I
.-
Date
01-07-2002
2.000.00
CASHIER'S CHECK
--~.... - -.'
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VOID OVER $2,000.00
11"0021.1;, Sil" 1:01;, 70.1. 511 21: ',-'_:
.--. ____,....:Ii_~. __7-.~._~ ~_
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002465
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DOLLARS m. :::::: ~
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63,1459670
11 ?O ~O .1"
. ~_ -<..-;.~'"ItW;r~~.~ ~_'_
SUPPLY, DELIVERY Al\"D INSTALLATION OF ROYAL PAL:\IS AND
PHOE:'\lX CA1~ARIE~SIS PALMS
BID #03-01102
Bid Proposal Page 1 of 2
We propose to supply, deliver and install:: ~oyal Palms, (G:-ey Wood 30-45 Ft) and a Il'lli;i.-nurr. of(1-15'
Phoenix Canariensis Palms Canal')' Island da:e (10 Ft CT Clear Trunk), Our bid prices will re:7lain ,,'alid ur:t:
October 1,2002 for the below specified PaL':: T:-ees in accordar::e v.:ith these bid docu.-nents. (Sco;:>e of Work
All work must be completed within 30 days :-orn Notice to Proceed,
OPTION I
LINE ITEM
OTY,
UNIT PRJCE
1)
2)
Florida Royal Palms (30 Ft., Grey ',:;ood)
22
$3,1<;0 00
Phoenix Ca.'1ariensis Pa1:11S,
(10Ft CT., Canary Date)
15
53,675.00
GR.A..."'TI TOTAL
$124.425.00
OPTION II
LINE ITEM
l~lT ??JCE
OTY.
1)
2)
Florida Royal Palms (35 Ft., Grey ',,'ood)
Phoenix Canariensis Palms,
(10Ft CT., Canary Date)
22
53,675.00
(1-15)
$, , F. 7 r; 00
TOT,Al
OPTION III
LINE ITEM
Ul\TJ:T PRJCE
on'.
1)
2)
Florida Royal Palms (45' GW Grey Wood) 22
Phoenix Canariensis Palms,
(10Ft CT., Canary Date) (1-15)
53,675 00
S3.675.00
TOTAL
TOTAl
s fig, 30n no
S 55,125.00
TOTAL
$80,850.00
S N/A
TOTAl
580,850.00
S N/A
Delivery Days (ARO)
Days
OTHER OPTION:
10
BID NO: 03-01/02
DATE: 12/5/01
On' OF MIAJlfi BEACH
22
1 5 I GW $ 2 T 1 00
26' GW
$2,625
25' GW
$3,150
Ea.
Ea.
Ea.
SUPPLY, DELIVERY AND I~ST ALL\. nON OF ROYAL PAL!\IS AND
PHOENIX CANARIENSIS PAL~IS
BID #03-01102
PAYMENT TER'IS: 2%/10 EOM. If other, specify here
ANY LETTERS, A TT ACHMENTS, OR ADDITIONAL Il\TOR.'lA TION TO BE
CONSIDERED PART OF THE BID ~IUST BE Sl'BMITTED IN DCPLICATE.
SUBMITTED BY:
Joseph Arvis Porter, President
Tip Top Enterprises, Inc.
COMPA\'IiI' NA..\IE: ~C"/Y'~2Z. '- /J //
SIGNED: ~~ j?r-J
(I certify/ hat I am authonzed to execute thIs proposal and
COmmiythe bidding fum)
i
Bidders !!!!!if acknowledge receipt of addendum (if applicable). N / A
Amendment ~o. 1:
Amendment ~o. 2:
Insert Date
Insert Date
NA.MErrITLE(print):
Joseph Arvis Porter, President
ADDRESS:
18101 SW 98th Court
Miami, FL
ZIP: 33157
CITY/STATE:
TELEPHO:\C: NO:
(305) 255-8198
(305) 255-4653
FACSIMILE NO:
BID NO: 03-01/02
DA TE: 12/5/01
cm' OF :o.UA:'U BEACH
23
SUPPLY, DELIVERY AND INSTALLATION OF ROYAL PALMS AND
PHOENIX CANARIENSIS PALMS
BID #03-01102
BID CHECK LIST
To ensure that your bid is submitted in conformance with the Contract Documents, please verifY that the
fi be I d b 'tted
ollowing Items have en completed an su ITIl as required.
X Original and one copy of bid (including all submittal infonnation)
General Conditions Section 1,1
Special Conditions Section 2,31
X Execution of Bid
General Conditions Section 1.2
Equivalents/Equal Product
General Condition Section 1.1 0
Special Conditions Section 2.32
Insurance and Indemnification (including Insurance Checklist)
X General Condition Section 1.33
Special Conditions Section 2,8
BidlPerfonnance Bond
X General Condition Section 1.34
Special Conditions Section 2,12
X Guaranty
Special Conditions Section 2.16
Product/Catalog Infonnation
Special Conditions Section 2.17
X References
Special Conditions Page 25
X Bidder QuaIifications
Special Conditions Section 2,21
Exceptions to Specifications
Special Conditions Section 2.30
X Contractor's Questionnaire
(page 27)
BID NO: 03-01102
DATE: 12/5/01
COY OF MIAMI BEACH
24
SUPPLY, DELIVERY A:\'D INSTALLATION OF ROYAL PAV\IS A:\'D
PHOENIX CANARIENSIS PAC\IS
BID #03-01102
Cl'STOMER REFERENCE LISTI:'\G
Contractor's shall furnish the names, addresses, and telephone numbers of a minimum of eight (8) firms O~
government organizations for which the Contractor is currently furnishing or has :U."TIishecL similar sen'ice;,
I)
Company ;'\1a..-ne
Address
Berkowitz Development
2665 S. Bayshore Drive, Miami
Contact Person Contract Amount Jeff Berkowi tz
Telephone :\"umber
2)
Company :\ame
Address
$264,487 +/_
(305) 854-2800
Trafalqar Construction
701 NW 62 Avenue, #110T Miami
Tina
Contact Person-Contract Amount ~ Nullennix
Telephone :\umber
3)
Company ~ame
Address
$782,774 +/_
(305) 935-8852
Village of Pinecrest
11551 S. Dixie Hwy., Miami
Contact Person/Contract ArnOWlt Lo r e n Ma t the w 5
Telephone Number
4)
Company Name
Address
$350,000 +/_
(305) 234-2110
Turner Construction
2500 SW 3 Avenue, Miami
Contact Person/Contract Amount Eric Timm
Telephone Number
BID :\'0: 03-01102
DA TE: 12/5/01
$125,652 +/_
(305) 860-8600
cm' OF C\U-\"fi BEACH
25
SUPPLY, DELIVERY AIItJD INSTALLATION OF ROYAL PALMS AND
PHOENIX CANARIENSIS PALMS
BID #03-01102
CUSTO~IER REFERENCE LISTING (pAGE 2)
5)
Company Name
Swire Properties
Address
501 Brickell Key Dr., '600, Miami
6)
Contact Person/Contract Amount Chris Gandalfo 5450,000 +/-
Telephone Number (305) 371-3877
Company Name Chase Construction
Address 8491 NW 17 street. '101 . Miami
Contact Person/Contract Amount
Fn~ddy Vanp.g:a s
$260,452 +/-
Telephone Number
(305) 597-8700
7)
Company Name
Pavarini Construction
Address
1995 E. Oakland Pk. Blvd., '202, Ft. Laud.
Contact Person/Contract Amount
Sal Adinolfo
$215,000 +/-
Telephone Number
(954) 767-6000
8)
Company Name
CMC Cot1!'ltruct: i on
Address
4112 Aurora street, Miami
Contact Person/Contract Amount
Victor Gimenez
$143,064 +/-
Telephone Number
(305) 444-1078
BID NO: 03-01102
DATE: 12/5/01
crIY OF MIAMI BEACH
26
t!
18101 S.W. 98 Court
Miami, Florida 33157
Phone: (305)255-8198
Fax: (305) 255-4653
Commercia' and ResidtJntia'
TIP TOP ENTERPRISES. INC. D/B/A
TIP TOP
TREE AND lANDSCAPING
SERVICE
Joseph Arvis Porter
President
Services Offered:
. Landscaping
. Irrigation
. Tree Trimming
. Tree Transplanting
, Stump Removal
Spraying & Fertilizing
Lawn Mainlenance
Icenses:
rlgallon
Jade
,C,'95POOO235
roward
,C,'96-CLS-641-RD
pl1lylng .. Fertilizing
PO.1603
THE COMPANY:
Our Company is involved in every aspect of landscaping service. Quality contro~ to
meet required project specifications is our number one priority. Staff coordinated
installation follows hand-in-hand with quality control. Our specialty is landscaping
commercial projects involving large quantities of material including major
transplanting of specimen trees and palms necessary to meet tree preservation
standards now being used by local government.
Estate renovations are one of our exclusive services, Our Company has been selected
for such projects because of our unique ability to handle large-scale operations with a
personal touch of the highest caliber.
Our lawn maintenance division is one of the best in the area. Total maintenance at a
professionaIlevel is our goal and service to you. We will continually work with our
customers to assure that the entire property is managed and maintained to their
satisfaction. We use only the highest quality equipment and employ only top-quality
lawn maintenance personnel.
j&ep4ll1UJi6 !/6JiU4
Joseph Arvis Porter, President
r
Commtlrcllllllnd Residential
18101 S.W. 98 Court
Miami, Florida 33157
Phone: (305) 255-8198
Fax: (305) 255-4653
TIP TOP ENTERPRISES, INC. D/B/A
TIP TOP
TREE AND lANDSCAPING
SERVICE
Joseph Arvis Porter
President
iervlcea Offered: CURRENT LANDSCAPE REFERRALS:
Landscaping
Irrigation BERKOWITZ DEVEWPMENT Jeff Berkowitz
Tree Trimming Kendall Village West Shopping Center (305) 854-2800
Tree Transplanting Aventura Common Shopping Center
Slump Removal
Spraying & Fertilizing CHASE CONSTRUcnON CO. Freddy Vanegas
Lawn Mainlenance The Waverly @ South Beach Luis Hildalgo
Port of Miami (305) 597-8700
Shops @ Sunset Place
J. RAYMOND & ASSOCIATES Tim Pehonsky
The Shoppes of Dadeland (407) 862.6966
KAUFMAN LYNN CONSTRUcnON Jerry Altbrant
Publix Palm Aire (561) 361-6700
Publix Sawgrass
MILLER & SOWMON Donald Kipnis
Grand Bay at Key Biscayne Larry Kibbler
The Mutiny Hotel (305) 599-2300
PA V ARINI CONSTRUCfION Sal Adinolfi
355 Alhambra (954) 767-6000
Tequesta III
Mandarin Oriental Hotel
PLAZA PROPERTIES Larry Jenkins
Palms Condo - Ft. Laud. (954) 630-8880
SWIRE PROPERTIES Chris Gamlalfo
Mandarin Oriental Hotel (305) 371-3877
Brickell Key
TRAFALGAR ASSOCIATES Tina Nullennix
A ventura Lakes (305) 935 8852
TURNER CONSTRUCfION Eric Tirnm
Icenses: Eden Roc Hotel - Miami Beach (305) 860-8600
r1gatlon Barclay's Financial- Brickell
'ade Tequesta I
C.t95POOO235 Courvoisier Courts
Fisher Island - Ocean Side 5
roward Grand Flamingo - Miami Beach
.C.I96-ClS-641-RD
p,.,.ng . Fertilizing 2
P0l1603
r
18101 S.W, 98 Court
Miami, Florida 33157
Phone: (305) 255-8198
Fax: (305) 255-4653
Commercial and Residential
TIP TOP ENTERPRISES, INC. D/B/A
TIP TOP
TREE AND lANDSCAPING
SERVICE
Joseph Arvis Porter
President
Servlc:es Offered:
. Landscaping
. Irrigation
. Tree Trimming
. Tree Transplanting
. Stump Removal
. Spraying & Fertilizing
. Lawn Maintenance
Licenses:
IntptIon
Dade
C.C.195POOO235
Broward
C.C.I96-CLS-641-RD
SPf'lIYIng . Fertilizing
CPOt1603
VILLAGE OF PINECREST
Pinecrest Park
Loren Matthews
(305) 234-2110
COMPLETED LANDSCAPE & IRRIGA nON CONTRACTS:
355 ALHAMBRA:
CORAL GABLES, FL
PAVARINI CONSTRUCTION
A VENTURA COMMONS:
A VENTURA. FL
BERKOWITZ DEVELOPMENT
BARCLAY FINANCIAL CTR:
MIAMI,FL
TURNER CONSTRUCTION
BRICKELL STATION:
FT, LAUDERDALE, FL
1. RAYMOND & ASSOCIATES
COURVOISIER COURTS:
BRICKELL KEY, FL
TURNER CONSTRUCTION
EDEN ROC HOTEL:
MIAMI BEACH, FL
TURNER CONSTRUCTION
EMERY WORLD WIDE CARGO:
FT. LAUDERDALE, FL
1. RAYMOND & ASSOC.
FISHER ISLAND OCEAN SIDE 5
FISHER ISLAND, FL
TURNER CONSTRUCTION
GRAND BAY RESIDENCE II:
KEY BISCA YNE, FL
MILLER & SOLOMON
GRAND FLAMINGO:
MIAMI BEACH, FL
TURNER CONSTRUCTION
HARBOURAGE:
FT. LAUDERDALE, FL
TURNER CONSTRUCTION
3
r
Commercial and Residential
18101 S.w. 98 Court
Miami, Florida 33157
Phone: (305) 255-8198
Fax: (305) 255-4653
TIP TOP ENTERPRISES, INC. D/B/A
TIP TOP
TREE AND lANDSCAPING
SERVICE
Joseph Arvis Porter
President
HERTZ CAR SALES: POMPANO BEACH. FL
Services onereel: TURNER CONSTRUCTION
. Landscaping
, Irrigation MANDARIN ORIENTAL HOTEL BRICKELL KEY, FL
, Tree Trimming 5 STAR RESORT: SWIRE PROPERTIES
, Tree Transplanting
Stump Removal MARATHON COMMUNTIY PARK MARATHON, FL
Spraying & Fertilizing DE OPLOSSING, INe.
Lawn Maintenance
MARRIOTT VILLAS @ DORAL: MIAMI, FL
ROBINS & MORTON GROUP
MET A THERAPY INSTITUTE: HOMESTEAD, FL
DANVILLE-FINDORFF
MIRAMAR CENTER: MIAMI, FL
BEAUCHAMP CONST.
MUTINY, THE: COCONUT GROVE, FL
MILLER & SOLOMON
ONE TEQUEST A: BRICKELL KEY, FL
SWIRE PROPERTIES
PALMS II: IT, LAUDERDALE, FL
Dee CONSTRUCTORS
PANKEY INSTITUTE: KEY BISCA YNE, FL
COASTAL CONSTRUCTION
PINECREST PARK PINECREST, FL
VILLAGE OF PINECREST
PORT OF MIAMI: MIAMI, FL
CHASE CONSTRUCTION
;censes: PUBLIX OORAL ISLES: MIAMI, FL
'rlgatlon KAUFMAN LYNN
Jade
, ,C,i95POOO235 SHOPS OF DADELAND: MIAMI, FL
:roward 1. RAYMOND & ASSOCIATES
. ,C..96-CLS-641-RD
praying. Fertilizing 4
.: POll603
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Commercial and Residential
18101 SW. 98 Court
Miami, Florida 33157
Phone: (305) 255-8198
Fax: (305) 255-4653
TIP TOP ENTERPRISES, INC. D/BIA
TIP TOP
TREE AND lANDSCAPING
SERVICE
Joseph AlVis Porter
President
Servlc.. onered:
. Landscaping
. Irrigation
. Tree Trimming
. Tree Transplanting
. Stump Removal
. Spraying & Fertilizing
. Lawn Maintenance
SUNSET PLACE:
SOUTH MIAMI, FL
CHASE CONSTRUCTION
THE PALMS PHASE I:
FT. LAUDERDALE, FL
MILLER & SOLOMON
VALUE DINING:
PEMBROKE PINES, FL
ART CONSTRUCTION
CURRENT LANDSCAPE & IRRIGATION CONTRACTS -
IN PROGRESS:
A VENTURA LAKES:
A VENTURA, FL
TRAP ALGAR CONSTR.
CITY NATIONAL BK. - PINECREST
CITY NATIONAL BK. - POMPANO
PINECREST,FL
POMPANO, FL
ROTHST AR CONSTRUCTION
COLLECTION, THE
CORAL GABLES, FL
CMC CONSTRUCTION
CORAL SPRINGS MEDICAL CTR.
CORAL SPRINGS, FL
TIJRNER CONSTRUCTION
EPIPHANY CHURCH
MIAMI,FL
EPIPHANY CHURCH
KENDALL VilLAGE CENTER:
MIAMI, FL
BERKOWITZ DEV.
MUTINY PARK.:
COCONUT GROVE, FL
TIJRNER CONSTRUCTION
Licenses:
Irrigation
Dade
C.C,'95POO0235
Broward
C.C.I96-CLS-641-RD
Spraying. Fertilizing
CPOt1603
NORTH COUNTY GOV. CTR.
WEST PALM BEACH, FL
DANVILLE-FINDORFF
5
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Commercial and Residential
18101 S.W. 98 Court
Miami, Florida 33157
Phone: (305) 255-8198
Fax: (305) 255-4653
TIP TOP ENTERPRISES, INC. D/B/A
TIP TOP
TREE AND lANDSCAPING
SERVICE
Joseph Arvis Porter
President
Set'vlces Offered:
. Landscaping
. Irrigation
. Tree Trimming
. Tree Transplanting
. Stump Removal
. Spraying & Fertilizing
, Lawn Maintenance
PUBLIX PALM AlRE:
POMPANO BEACH, FL
KAUFMAN LYNN CONSTR,
PUBLIX SA WGRASS:
CORAL SPRINGS, FL
KAUFMAN LYNN
TEQUESTA III:
BRICKELL KEY, FL
PAVARINI CONSTRUCTION
THE WA VERL Y @ SO. BEACH
MIAMI BEACH, FL
CHASE CONSTRUCTION
MAJOR LAWN MAINTENANCE REFERRALS:
BERKOWITZ DEVELOPMENT
2665 S. Bayshore Drive, #1200, Miami, FL 33133
A ventura Commons
Kendall Gate Shopping Center
Kathy Morman
(305) 854-2800
COURVOISIOR COURTS
70 I Brickell Key Dr., Miami, FL 33131
Victor Bernal
(305) 374-3393
EDEN ROC MARRIOTT
4525 Collins Avenue, Miami !kach, FL
Tony Fryer
(305) 674-5507
FALLS SHOPPING CENTER, THE
8888 S.W. 136 Street, Miami, FL
Michael Howard
(305) 255-4571
GALLINAR HOFFMAN & ASSOC
6701 SWlset Drive, Ste. 100, C. Gables, FL 33143
Pet Stuff' Shopping Center
Pedro Gallinar
(305) 821-6668
GROVE HILL TOWER
2645 S, Bayshore Drive, FL 33133
RaquelPatterson
(305) 854-31 n
.Icenses:
rr1lJ81lon
Jade
~,C,'95POO0235
3roward
:,C.'96-CLS-641-RD
;pl1lJlng . Fertilizing
;PO.1603
MANDARIN ORIENTAL HOTEL
500 Brickell Key Drive
Robert Wagner
(305) 913-8269
MARINA MARRIOTT
1881 SE 17 Street, Ft Lauda'dale, FL
Joe Panozzo
(954) 527-6740
6
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Commerclslllnd Resldent/sl
18101 S.W. 98 Court
Miami, Florida 33157
Phone: (305) 255-8198
Fax: (305) 255-4653
TIP TOP ENTERPRISES. INC. D/B/A
TIP TOP
TREE AND lANDSCAPING
SERVICE
Joseph Arvis Porter
President
Service. Offered:
. Landscaping
. Irrigation
. Tree Trimming
. Tree Transplanting
. Stump Removal
. Spraying & Fertilizing
. Lawn Maintenance
MIAMI AIRPORT MARRIOTT
1201 LeJeune Road, Miami, Florida 33126
Miami Airport Marriott
Andy Anderson
(305) 644-5486
NORTHWEST MEDICAL CTR. CAMPUS
2801 State Road 7, Margate, FL
Gary McKee
(954) 978-4081
PALMS, TIlE
2100 N, Ocean Blvd. Ft. Laud, FL
Larry Jankins
(954) 630-8880
PETER LAWRENCE COMPANY
8780N.W. 18 Terrace, Miami, FL 33172
America's Gateway Park - Misc. Properties
Cary Debien
(305) 599-6363
PINECREST PARK
11551 South Dixie Highway
Loren Matthews
(305) 234-2110
SHOPPES @ DADELAND
7220 N. Kendall Dr" Miami, FL
Marty Shane / Saul Stein
(305) 667-6461
Paul Barry
(305) 252-4500
Lynn Carter-Wilson
(954) 581-7103
UNITED STATES AIR FORCE - RA.T.O.
15810 S.W, 129th Avenue, Miami, FL
UNIVERSITY PHYSICIANS PAVILION
Tamarac, Florida (Mise, Other Properties)
WILLIAM C. WEBB COMPANY
1300 N,W. 167th Street, Miami, FL 33169
Bill Webb, Jr,
(305) 624-8484
_Icenses:
rrlgatlon
Jade
:C,1t95POOO235
jroward
:.C,'96-CLS-641-RD
ipnlYlng .. Fertilizing
;PO'1603
7
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18101 S,W. 98 Court
Miami, Florida 33157
Phone: (305) 255-8198
Fax: (305) 255-4653
Commercllllllnd Resldentllll
TIP TOP ENTERPRISES. INC. D/BIA
TIP TOP
TREE AND lANDSCAPING
SERVICE
Joseph AlVis Porter
President
ServIcM Offered:
. Landscaping
. Irrigation
. Tree Trimming
. Tree Transplanting
. Slump Removal
. Spraying & Fertilizing
, Lawn Maintenance
_Icenses:
rrlptlon
Jade
;.C.195POOO235
'lrowarrl
;,C.I96-CLS-641-RD
ipraylng a Fertilizing
;PO"603
SERVICES OFFERED:
Corom. I Residential Landscaping Installation I Design
Comm. I Residential Irrigation Installation I Design I Repair
Commercial Lawn Maintenance - Tree Services
Lawn Spray and Fertilization Services
Lawn Equipment Repairs, Equipment Rentals and Welding
EQUIPMENT CURRENTLY IN USE:
8 Dump Trucks (Heavy Duty)
1 Spray Truck
2 Irrigation Trucks
2 Bucket Trucks
1 Vermeer 5050 Trencher
2 Vermeer 1350 Trenchers
1 IT 24 Caterpillar
I Bucket Truck
2 853 Bobcats & 1 2410 Bobcat wi Accessories and Trailers
2 Backhoe with Accessories, Truck and Trailer
3 Lawn Trailers & Equipment
4 Med. Trucks
I Tree Crane
6 Pickup Trucks
I Stump Grinder
2 Box Van (16' & 24)
1 Chipper Truck & Chipper
1 IT 28 Caterpillar
STAFF:
85 Employees
Main Office & Equipment Yard:
18101 S.W. 98th Court
Miami, Florida 33157
10 Acre Nursery:
14750 S.W. 216th Street
Miami, Florida 33170
8
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18101 S,W. 98 Court
Miami, Florida 33157
Phone: (305) 255-8198
Fax: (305) 255-4653
Commercia/and Resident/a/
TIP TOP ENTERPRISES, INC. D/B/A
TIP TOP
TREE AND lANDSCAPING
SERVICE
Joseph Arvis Porter
President
Servtces Offered:
. Landscaping
. Irrigation
. Tree Trimming
. Tree Transplanting
. Slump Removal
. Spraying & Fertilizing
. Lawn Maintenance
_icen..:
rrlptIon
'Jade
':;,C.t95POOO235
3rowarrJ
':;.C.I96-CLS-641-RD
3praylng & Fertilizing
::POtl603
FERTILIZATION & PEST CONTROL DMSION
TREE. SHRUB AND PALM PROGRAM
The Tree, Shrub and Palm Program is designed to provide the optimum
FERTILIZATION and the necessary INSECT CONTROL for the plant's proper
growth and development. Three (3) granular applications of a commercial grade
fertilizer with minor elements, such as Lesco brand 8-10-10 (25-50% slow release
Nitrogen) or Lesco's 13-3-13 (25-50010 slow release Nitrogen, 5% Magnesium) will be
applied to all trees, shrubs and palms.
Approximate times of applications:
1)
2)
3)
February
June
October
March
July
November
Landscape site inspections will be made on a regular basis for the early detection of
any problems that need to be addressed. Pest control applications will be made on a
preventative or on an as-needed basis. TIP TOP FERffiIZATION & PEST
CONTROL DIVISION will respond to all service calls within a 72 hour period (3
business days) and will work on resolving the problem(s) until you are totally
satisfied. That is our promise!
ADDITIONAL TREE AND SHRUB CARE
Supplemental foliar and/or soil application(s) of minor elements (in addition to
regular fertilization) may be necessary to correct severe minor element deficiencies.
These applications will be made at an additional expense unless previously included
in the overall contract.
9
r
18101 S.w. 98 Court
Miami, Florida 33157
Phone: (305) 255-8198
Fax: (305) 255-4653
Commercia/and Residential
TIP TOP ENTERPRISES, INC. D/B/A
TIP TOP
TREE AND lANDSCAPING
SERVICE
Joseph Arvis Porter
President
ServlcM Offered:
. Landscaping
. Irrigation
. Tree Trimming
. Tree Transplanting
. Stump Removal
, Spraying & Fertilizing
, Lawn Maintenance
_lCenses:
, rrIgIItIon
Da,.
::.C,f95POOO235
3rowtJtrJ
::.C.I96-CLS-641-RD
3p1'11J1ng a FertIlizing
::POt1603
FERTILIZATION & PEST CONTROL DMSION
TURFGRASS PROGRAM
The Turfgrass Program is designed to provide the optimum FERTILIZATION,
WEED CONTROL and necessary INSECT CONTROL for the turfgrass proper
growth and development. Three (3) granular applications of a commercial grade
fertilizer with minor elements, such as Lesco brand 16-4-8 or 24-5-11 (25-50% slow
release Nitrogen), will be applied to all turfgrass areas.
Approximate times of application: 1)
2)
3)
February
June
October
March
July
November
Identification of damaging insects and related insect control granular applications will
be particularly targeted during the late Spring and Summer seasons, when many of
the St. Augustine grass varieties are most susceptible to damage from insects such as
chinch bugs and sod webworms. (Weed Control applications will be made on an as-
needed basis in the Spring and/or Fall season as an additional charge unless
previously included in the overall contract.) The success of our Turfgrass Care
Program relies on our professional ability to pro-actively diagnose and correct
cultura~ nutritional and pest related problems. Inspections of turf areas will be made
on a regular basis and corrective actions and/or recommendations will be made.
Written reports on the condition of the turfgrass areas will be issued on an as-needed
basis. TIP TOP FERTILIZATION AND PEST CONTROL DMSION will
respond to all service calls within a 72 hour period (3 business days) and will work on
resolving the problem(s) until you are satisfied. That is our promise!
ADDITIONAL TURFGRASS CARE
Supplemental soil application(s) of minor elements (in addition to regular
fertilization) may be necessary to correct severe minor element deficiencies and/or
improve turfgrass color. These applications will be made at an additional expense
unless previously included in the
overall contract.
10
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.
Subrr.:::~d to The Mayor and City Commission of the City of~fiami Beach, Florida:
By Tip Top Enterprises, Inc.
Princ:?31 Office
18101 SW 98 Court. Miami, FL 33157
How :-:::my years has your organization been in business as a Gelleral Cmtractor under your p~esent
busin~s naIne? 30+ Years
Does your o~ganization have current occupationallice:15es entitling it to do L1e work contemplated in L1is
Cont2c(' Attached
State c,[Florida occupationalliceme - state type and !lumber: 036038-8 D. C. Occupational Lic
Dad~ C oumy certificate of competency - state type and number: 9201 481 3
City e,;' \1ia:rj Beach occupationallicens~ - state type and number: 9 5POOO 2 3 5
Inclu:~ copies of above licenses and certificates with ;Jroposal.
How :-::a.'1y y~ars experience in similar work has your organization had?
L-\) As a General Contractor N / A
IB) As a Sub-Contractor 30 Year
(Cl Wbat contracts has your organization completed?
Cont:'2;t .-\.oy,t Class of Work Whe!l ComoJeted ~ame;Add:-ess OfO\\l1er
Have you eyer 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
specifcatiol1S? No
If so, ',,'here and why?
Has 3.,,:y officer or partner of your organization ever failed to complete a construction contract handled in
his 0\\11 name? Nn
BID :'\0: 03-0]/02
DATE: 12!~!Ot
CITY OF :\fi.-\.'fi BEACH
,-
_I
If so, state name of indi\'idual, name of o\\ner, and reason thereof
In what other lines of business a:e you fmancially interested or engaged?
Plant Nursery
Give references as to experience, ability, and financial standing
!::nfi"';l R;lnk - Rnhprt' T.nnnnnn (lOt;)
5eQ ~ttacRQd Resume
?t;~-nqnn (~pp At't';l~hed Letter)
What equipment do you O\\TI that is JvailJole for the proposed wo~;'; and where located?
$...... lIt't-;lroh...r'l RpC::llm...
\\bat Bank or Banks have you a;:anged to do business with during the course 0:!he Contract should it be
awarded to you?
Sofisa Bank Robert Londono (305) 256-0900
Please list the names and addresses of the S:.iDCOmractors to be used for the po:cions of the \\'ork Ested
below,
N/A
I HEREY'FERTIFY that the ~bO~\\'e~ a~e true and correct.
L,{)jeMfIt:u0rW'h/
/
(SE.-\L)
JiSeph Arvis Porter, President
(SEAL)
Tip Top Enterprises, Inc.
BID l"O: 03-01/02
DATE: 12/5/01
em' OF 'fl.\:'fi BE."-CH
28
.11
~u~ l~A
Bank of Florida
December 27, 2001
Miami Beach Procurement Director
City of Miami Beach
Miami Beach, Florida
Re: Tip Top Enterprises. IDe.
Gentlemen:
With respect to our customer cited above, this is to advise you that Tip Top Enterprises
has had a relationship with Sonsa Bank of Florida since our Bank opened in March,
1999. Tip Top has always conducted its relationship with us in an entirely proper fash::m
maintaining average balances in its accounts with us in the high five-figure range during
2001, In addition, Sofisa Bank has extended various commercial loans to Tip Top whica
have been seniced in a routine and satisfactory manner, Based on our experience with
Tip Top, we believe that it will honor in a correct manner any and all commercial
obligations and undertakings which it assumes,
Soflsa Bank of Florida
14095 5o~th Dixie Highway
Miami, Florida 33176-7222
Phone 305-256-0900 Fax 305-256,9850
www.sofisa.com
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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 fimctions 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, dming 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 nonna! 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 perfonn such quasi-judicial fimctions, The nuisance abatement board,
special master hearings and administrative hearings shall not be included for pwposes of this division.
(Ord, No. 92-2777, ~ 1,2,3-4-92; Ord. No. 92-2785, ~ 1,2,6-17-92)
Cross reference(s)--Definitions generally, ~ 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;
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(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.
(b) 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.
(c) If the lobbyist represents a corporation, partnership or trust, the chief officer, partner or beneficiaI)'
shall also be identified, Without Iimiting 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.
(d) 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,
(e) Each person who withdraws as a lobbyist for a particular client shall file an appropriate notice of
withdrawal.
(f) In addition to the registration fee required in subsection (a) oftlis 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.
(g) 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 cwrent City commissioner or personnel who is sought to
be lobbied as identified on the lobbyist registration form filed.
(h) 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 incwred 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 reimbmsement 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, ~ 3, 6-17-92)
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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
commwrication 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 fonns ava~ilable 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
administrntive 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, ~~ 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 attomey, 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 cleric 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 opportmrity 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, ~ 6,3-4-92; Ord. No, 92-2785, ~ 7, 6-17-92)
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DIVISION 4. PROCUREMENT
Sec. 2-486. Cone of silence.
(a) Contracts for the provision of goods, services, and construction projects other than audit contracts.
(1) Definition. "Cone of silence" is hereby defined to mean a prohibition on: (a) any communication
regarding a particular request for proposal ("RFP"), request for qualifications ("RFQ"), request for letters
of interest ("RFLI"), or bid between a potential vendor, service provider, bidder, 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 particuIar RFP, RFQ, RFLI, 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, RFLI, or bid
between a potential vendor, service provider, bidder, lobbyist, or consultant and any member of a city
evaluation and/or selection committee; and (d) any communication regarding a particular RFP, RFQ, RFLI
or bid between the mayor, city commissioners or their respective staffs and any member of a city evaluation
and/or selection committee, Notwithstanding the foregoing, the cone of silence shall not apply to competitive
processes for the award of CDBG, HOME, SHIP and Surtax Funds administered by the city office of
community development, and communications with the city attorney and his or her staff.
(2) Procedure,
a. A cone of silence shall be imposed upon each RFP, RFQ, RFLI, and bid after the advertisement
of said RFP, RFQ, RFLI, 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 tenninate ~) at the time the city manager makes his or her written
recommendation as to selection of a particular RFP, RFQ, RFLI, or bid to the city commission, and said
RFP, RFQ, RFLI, or bid is awarded; provided, however, that following the manager making his or her
written recommendation, the cone of silence shall be lifted as relates to communications between the mayor
and members of the commission and the city manager; providing further if the city commission refers the
manager's recommendation back to the city manager or staff 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, RFLI, or bid is awarded or (ii) in the event of contracts for less than $25,000,00 when the city
manager executes the contract.
(3) Exceptions, The provisions of this section shall not apply to: (a) oral communications at pre-bid
conferences; (b) oral presentations before evaluation committees; (c) contract discussions during any duly
noticed public meeting; (d) public presentations made to the city commissioners during any duly noticed
public meeting; (e) contract negotiations with city staff following the award of an RFP, RFQ, RFU, or bid
by the city commission; or (f) 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, RFLI, or bid
documents; or (g) city commission meeting agenda review meetings between the city manager and the
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mayor and individual city commissioners where such matters are scheduled for consideration at the next
commission meeting. The bidder, proposer, vendor, service provider, lobbyist, or consultant shall file a copy
of any written communications with the city clerk. The city clerk shall make copies available to any person
upon request.
(b) Audit contracts,
(1) "Cone of silence" is hereby defined to mean a prohibition on: (a) any communications regarding a
particular RFP, RFQ, RFLI, or bid between a potential vendor, service provider, bidder, lobbyist, or
consultant and 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, (b) any oral
communication regarding a particular RFP, RFQ, RFLI, 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; and ( c) any communication regarding a particular RFP, RFQ, RFLI, or bid
between a potential vendor, service provider, bidder, lobbyist, or consultant and any member of a city
evaluation and/or selection committee; and (d) any communication regarding a particular RFP, RFQ or bid
between the mayor, city commissioners or their respective staffs and any member of a city evaluation and/or
selection committee. Notwithstanding the foregoing, the cone of silence shall not apply to communications
with the city attorney and his or her staff.
(2) Except as provided in subsections (bX3) and (bX4) hereof, a cone of silence shall be imposed upon
each RFP, RFQ, RFLI, or bid for audit services after the advertisement of said RFP, RFQ, RFLI, or bid,
At the time of the imposition of the cone of silence, the city manager or his or her designee shall provide for
the public notice of the cone of silence, 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, RFLI, or bid to the city
commission, and said RFP, RFQ, RFU, or bid is awarded; provided, however, that following the manager
making his or her written recommendation, the cone of silence shall be lifted as relates to communications
between the mayor and members of the commission and the city manager; providing further if the city
commission refers the manager's recommendation back to the city manager or staff 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, RFLI, or bid is awarded or (b) in the event of contracts for less than
$25,000,00 when the city manager executes the contract.
(3) Nothing contained herein shall prohibit any bidder, proposer, vendor, service provider, lobbyist,
or consultant (a) from making public presentations at duly noticed pre-bid conferences or before duly
noticed evaluation committee meetings; (b) from engaging in contract discussions during any duly noticed
public meeting; (c) from engaging in contract negotiations with city staff following the award of an RFP,
RFQ, RFLI, or bid for audit by the city commission; or (d) from communicating in writing with any city
employee or official for pmposes of seeking clarification or additional information from the city or
responding to the city's request for clarification or additional information, subject to the provisions of the
applicable RFP, RFQ, RFLl, or bid documents. The bidder or proposer etc. shall file a copy of any written
communication with the city clerk. The city clerk shall make copies available to the general public upon
request.
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(4) Nothing contained herein shall prohibit any lobbyist, bidder, proposer, vendor, service provider,
consultant, or other person or entity from publicly addressing the city commissioners during any duly noticed
public meeting regarding action on any audit contract The city manager shall include in any public
solicitation for auditing services a statement disclosing the requirements of this division.
(c) Violationslpenalties and procedures, A violation of this section by a particular bidder, proposer,
vendor, service provider, lobbyist, or consultant shall subject said bidder, proposer, vendor, service
provider, lobbyist, or consultant to the same procedures set forth in Division 5, entitled "Debannent of
Contractors from City Work" shall render any RFP award, RFQ award, RFLI award, or bid award to said
bidder, proposer, vendor, service provider, bidder, lobbyist, or consultant void; and said bidder, proposer,
vendor, service provider, lobbyist, or consultant shall not be considered for any RFP, RFQ, RFLI or bid
for a contract for the provision of goods or services for a period of one year. Any person who violates a
provision of this division shall be prohibited from serving on a city evaluation and/or selection committee,
In addition to any other penalty provided by law, violation of any provision of this division by a city
employee shall subject said employee to disciplinary action up to and including dismissal, Additionally, any
person who has personal knowledge of a violation of this division shaII report such violation to the city
attorney's office or state
attorney's office and/or may file a complaint with the county ethics commission,
(Ord, No, 99-3164, ~ 1, 1-6-99; Ord. No, 2001-3295, ~ 1,3-14-01)
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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 Conttactors
from City Work" reading as follows:
Division 5. Debarment of contractors from City wOlk
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 pwposes 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 fucilities
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.
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(b) Civil judgment means a judgment or finding of a civil offense by any cowt of competent jurisdiction.
(c) Contractor means any individual or other legal entity that:
(1) 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
(2) 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 proofby 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:
(I) Compile and maintain a cwrent consolidated list (List) ofall contractors debarred by City
departments, Such List shall be public record and shall be available for public inspection
and dissemination;
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C11Y OF MIAMI BEACH
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(2) 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
(3) Included in the List shall be the name and telephone number of the City official responsible
for its maintenance and distribution,
(b) The List shall indicate:
(1) The names and addresses of all contractors debarred, in alphabetical order;
(2) The name of the department that reconunends initiation of the debarment action;
(3) The cause for the debarment action, as is further described herein, or other statutory or
regulatory authority;
(4) The effect of the debarment action;
(5) The termination date for each listing;
(6) The contractor's certificate of competence or license number, when applicable;
(7) The person through whom the contractor is qualified, when applicable;
(8) 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) In accordance with internal retention procedures maintain records relating to each
debarment;
(2) Establish procedures to provide for the effective use of the List, including internal
distribution thereof to ensure that departments do not solicit offers from, award contracts
to, or consent to subcontracts with contractors on the List; and
(3) Respond to inquiries concerning listed, contractors and coordinate such responses with the
department that reconunended the action,
Section 2-400. Effect of debarment.
(a) Debarred contractors are excluded from receiving contracts, and depaItments 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 5nths 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.
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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 2-40S(h) below. except that if a City department has contracts or
subcontracts in existence at the time the contractor was debarred, the debannent period may
commence upon the conclusion of the contract subject to approval of same be Snths 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 detemrines 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 Snths vote
of the Mayor and City Commission at a regularly scheduled meeting,
(d) No further worlc 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 detemrines that an emergency exists justifying such consent and the Mayor and City
Commission approves such decision by Snths 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 1isted
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,
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(b) Debannent 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 tenns 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 debannent and an opportunity to respond, Future affiliates of the contractor are subject
to the Debannent Committee's decision.
(c) A contractor's debannent shall be effective throughout City Government
Section 2-404.
Causes for debarment.
(a) The Debannent Committee shall debar a contractor for a conviction or civil judgment,
(1) 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 fimded in whole or in part with public fimds;
(2) For violation of federal or State antitrust statutes relating to the submission of offers;
(3) For commission of embezzlement, theft, forgery, bribery, falsification or destruction of
records, making false statements, or receiving stolen property;
(4) Which makes the City the prevailing party in a legal proceeding and a court detennines that
the lawsuit between the contractor and the City was frivolous or tiled 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) Violation of the terms of a City contract or subcontract or a contract or subcontract fimded
in whole or in part by City fimds such as failure to perfonn in accordance with the tenns
of one (1) or more contracts as certified by the City department administering the contract;
or the failure to perfonn or unsatisfactorily perfonn in accordance with the tenns of one (1)
or more contracts, as certified by an independent registered architect engineer or general
contractor;
(2) Violation of a City ordinance or administrative order which lists debannent as a potential
penalty;
(3) Any other cause which affects the responsibility of a City contractor or subcontractor in
performing City wOlk
Section 2-405. Debarment procedures.
(a) Requests for the debarment of contractors may be initiated by a City Deparbnent 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
debannent, 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
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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 debannent, including the cause and
grounds for debannent as set forth in this ordinance,
(b) Upon completion of the aforestated written report, the City Manager shall fOlWard said report to
the Debarment Committee, The City's Procurement Office shall act as staff to the Debarment
Committee and, with the assistance of the City department person or persons which prepared the
report present evidence and argwnent to the Debannent Committee
(c) Notice of proposal to debar, Within ten working days of the Debannent Committee having
received the request for debannent and written report, the City's Procurement Office, on behalf
of the Debannent Committee shall issue a notice of proposed debannent advising the contractor
and any specifically named affiliates, by certified mail, return receipt requested, or personal service
containing the following infonnation:
(1) That debarment is being considered:
(2) 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;
(3) 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
(4) The notice shall also describe the effect of the issuance of the notice of proposed
debannent, and of the potential effect of an actual debannent
(d) 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.
(e) 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 detennination of debarment' The hearing shall be
transcn"bed, 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.
(t) 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
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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 Debannent 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,
(g) The Committee's decision sha1l be in writing and shill include the Committee's fuctual findings, the
principal causes of debarment as enmnerated 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.
(h) Notice of Debannent Committee's decision.
(1) If the Debarment Committee decides to impose debarment, the City Manager sha1l give the
contractor and any named affiliates involved written notice by certified mail, return receipt
requested, or hand deliveI)', 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 debannent is effective
throughout the City departments.
(2) If debannent 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 sha1l 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) The period of debarment imposed sha1l 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,
(b) The following guidelines in the period of debarment shall apply except where mitigating or
aggravating circumstances justify deviation:
(1) For commission of an offense as described in subsection 2404(aXI): five (5) years.
(2) For commission ofan offense as described in subsection 2404(aX2): five (5) years.
(3) For commission ofan offense as described in subsection 2404(aX3): five (5) years.
(4) For commission of an offense as described in subsection 2404(a)(54): two (2) to five (5)
years,
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(5) For commission ofan offense as described in subsections 2404(bXl) or (2): two (2) to five
(5) years,
(c) The Debannent Committee may, in its sole discretion, reduce the period of debannent, upon the
contractor's written request for reasons such as:
(1) Newly discovered material evidence;
(2) Reversal of the conviction or civil judgment upon which the debannent was based;
(3) Bona fide change in ownership or management;
(4) Elimination of other causes for which the debannent was imposed; or
(5) Other reasons the Debannent Committee deems appropriate.
(d) The debannent debarred contractor's written request shall contain the reasons for requesting a
reduction in the debannent 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 Debannent 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 Marcb,2000.
PASSED and ADOPTED this 23rd day of February. 2000,
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. ,
Sec. 38-6.
PROHIBITED CAMPAIGN CONTRIBUTIONS BY VENDORS.
(a) Genetal.
(1) No person who is a vendor to the city shall give a campaign contribution directly, or through a
member of the person's immediate family, or through a political action committee, or through any
other person, to a candidate, or to the campaign committee of a candidate, for the offices of mayor
or commissioner, No candidate, or campaign committee of a candidate for the offices of mayor or
commissioner, shall solicit or receive any campaign contribution from a person who is a vendor to
the city, or through a member of the person's immediate family, or through a political action
committee, or through any other person on behalf of the person. This prohibition applies to natuml
persons and to persons who hold a controlling financial interest in business entities.
(2) A fine of up to $500.00 shall be imposed on every person who violates this prohibition, Each
act of solicitation, giving or receiving a contribution in violation of this paragraph shall constitute a
separate violation. All contributions received by a candidate in violation of this paragraph shall be
forfeited to the city's general revenue fimd
(3) A person who directly, or through a member of the person's immediate family, or through a
political action committee, or through any other person makes a contribution to a candidate who is
elected to the office of mayor or commissioner shall be disqualified for a period of 12 months
following the swearing in of the subject elected official from transacting business with the city. This
prohibition on tnmsacting business with the city may be waived only in the manner provided
hereinbelow in subsection (b).
(4) As used in this section:
a, A "vendor" is a person who transacts business with the city, or has been approved by the city
commission to transact business with the city, or is 1isted on the city manager's approved vendor list.
b. A "contribution" is:
1 A gift, subscription, conveyance, deposit, loan, payment, or distribution of money or anything of
value, including contributions in kind having an attributable monetaJy value.
2.A transfer of fimds between political committees, between committees of continuous existence,
or between a political committee and a committee of continuous existence.
3. The payment, by any person other than a candidate or political committee, of compensation for
the personal services of another person which are rendered to a candidate or political committee
without charge to the candidate or committee for such services.
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. ,
4.The transfer of funds by a campaign treasurer or deputy campaign treasurer between a primary
depository and a separate interest-bearing account or certificate of deposit, and the term includes
any interest earned on such account or certificate.
(b) Conditions for waiver of prohibition. The requirements of this section may be waived for a
particular transaction by city commission vote after public hearing upon finding that:
(1) An op~to-all sealed competitive proposal has been submitted and the city officiaVdone has in
no way participated in the determination of the bid specifications or bid award;
(2) The property or services to be involved in the proposed transaction are unique and the city
cannot avail itself of such pl0pt;lty or services without entering into a transaction which would violate
this section but for waiver of its requirements;
(3) The business entity involved in the proposed transaction is the sole source of supply within the
city; or
(4) An emergency contract must be made in order to protect the health, safety or welfare of the
citizens of the city, as detennined by a five-sevenths vote of the city connnission. Any grant of waiver
by the city connnission must be supported with a full disclosure of the subject campaign contribution.
(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.
(Ord, No. 2000-3244, ~ I, 5-10-00)
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