Bid 29-01/02INVITATION FOR BIDS
SUPPLY AND INSTALLATION OF WINDOW
TINTING FOR THE MIAMI BEACH CONVENTION
CENTER AND THE JACKIE GLEASON THEATER OF
PERFORMING ARTS (TOPA)
BID #29-01/02
BID OPENING: AUGUST 16, 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
F.~PURCXSALLLMirflaa~BIDSX29-01-02 TINTED WINDOW~29-01-
BID NO: No. 29-01/02
DATE: 07~22/02
CITY OF MIAMI BEACH
1
CITY CLERK
AGREEMENT
THIS AGREEMENT made this 19th day of March 2003, A.D. between the CITY OF
MIAMI BEACH, a Florida municipal corporation, hereinafter called the City, which term shall
include its successors and assigns, party of the one part, and
CONFIANZA WINDOW TINTING~ INC.
1470 N.W. 107 AVENUE~ SUITE #O
MIAMI~ FL 33172
hereinafter called the Contractor, which teLm shall include its heirs, successors and assigns, party
of the other part.
WITNESSETH that the said Contractor for the consideration and compensation herein agreed to
be paid and the said City in consideration of the construction of improvements to be done by said
Contractor and designated "SUPPLY AND INSTALLATION OF WINDOW TINTING FOR
THE MIAMI BEACH CONVENTION CENTER AND THE JACKIE GLEASON
THEATER OF PERFORMING ARTS (TOPA)" by said City, do hereby mutually agree as
follows:
This Agreement shall extend to and be obligatory upon said City, its successors and
assigns, and upon said Contractor and its heirs, successors and assigns. Neither this
Agreement nor any part thereof nor any part of the Work herein contemplated, shall be
assigned or sublet, nor shall any sums of money provided to be paid to said Contractor be
assigned by said Contractor to anyone without the consent of the City Commission of
said City evidenced by its resolution.
The foregoing pages of this booklet, including the Notice to Contractors, the Proposal,
and the Contract Documents and such alterations as may be made in said Plans and
Specifications as therein provided for, are hereby referred to and made a part of this
Agreement and the tenus and conditions set forth therein, except when in direct conflict
with this written Contract, are as much a part hereof as if copied herein. If conflicts exist
between them and this written instrument, only that part of the matter in direct conflict
herewith shall not be construed to be a part hereof.
The Contractor shall commence work within seven (7) days of the Notice to Proceed and
shall construct and complete in a good and workmanlike manner the materials herein
referred to, strictly in accord herewith the following:
3.1
The Contractor shall be Substantially Completed with the Work within sixty
(60) calendar days after the date of the Notice to Proceed, and completed and
ready for final payment within seventy-five (75) calendar days after the date
of the Notice to Proceed.
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 3.1
above plus any extensions thereof allowed in accordance with Article 12 of the
General Conditions. 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 liquidated damages for delay (but not as a penalty) the amount of
One Hundred Dollars ($100.00) for each calendar day that expires after the
Contract Time specified in paragraph 3.1 for Substantial Completion until
the Work is substantially complete. After Substantial Completion if Contractor
shall neglect, refuse, or fail to complete the remaining Work within the Contract
Time, Contractor shall pay Owner One Hundred Dollars ($100.00) for each
calendar day that expires after the time specified in Paragraph 3.1 for
completion and readiness for final payment. These amounts represent a
reasonable estimate of Owner's expenses for extended delays and for inspection,
engineering services and administrative costs associated with such delay.
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.
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.
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.
The Contractor shall file with the Procurement Director of said City of Miami Beach a
Performance and Labor and Material Payment Bond, each in the amount of 100 percent
of Contract Amount, in the form 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.
The Contractor shall file 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.
All documents shall be executed satisfactorily to said City and until Bonds and Insurance
Certificates have been filed and approved, this Contract Agreement shall not be effective.
10.
Owner shall pay Contractor for perfmmance 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: $76~125.00
11.
The Contract Documents which comprise the entire Agreement between City and
Contractor are attached to this Agreement and made a part hereof.
The Contract Documents may only be amended, modified or supplemented as provided
in the General Conditions.
IN WITNESS WHEREOF the said City has caused this Agreement to be signed by the Mayor
of the City of Miami Beach, Florida and its corporate seal to be affixed, attested by the City
Clerk of the City of Miami Beach and the said Contractor has caused this Agreement to be
signed it its name.
(SEAL)
ContraS.
BY(Autho~r)
Title
~..~ ~ MayolEACH
ATTEST:
City Clerk
APPROVED A~ TO
FORM & LANGUAGE
& FOR EXECUTION
PERFORMANCE BOND
(This bond meets and exceeds the requirements of Florida Statutes Section 255.05)
STATE OF FLORIDA )
5S
COUNTY OF )
KNOW ALL MEN BY THESE PRESENTS that we,
as Principal, hereinafter called Contractor, and
as Surety, are firmly bound unto the City of Miami
Beach, Flor/da, as Obligee, hereinafter called the City, in the Penal sum of
Dollars ($ ), for the payment of which sum well and truly to be made, we bind
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#29-01/02, Entitled, "SUPPLY AND
INSTALLATION OF WINDOW TINTING FOR THE MIAMI BEACH CONVENTION
CENTER AND THE JACKIE GLEASON THEATER OF PERFORMING ARTS
(TOPA)" 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 perfo,m 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 fome 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.
2. 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.
No fight 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 ha,mless 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 of
the work and performance of said Contract by the Contractor.
This Bond shall remain in full fome 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 performed and
materials and equipment furnished, which were not performed or furnished according to the
te~ms of the Contract Documents. If no 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 project.
Any suit on this bond must be instituted within such period or periods as may be provided
by law.
IN WITNESS WHEREOF, the above bounded parties have caused this Bond to be executed by their
appropriate officials of the day of ,20
WITNESS:
PRINCIPAL:
(If sole Proprietor or partnership)
(Finn Name)
BY
Title: (Sole Proprietor or Partner)
PRINCIPAL (If Corporation)
(Corporate Name)
BY
(President)
Attest:
(Secretary)
COUNTERSIGNED BY
RESIDENT FLORIDA
AGENT OF SURETY:
(CORPORATE SEAL)
SURETY:
(Copy of Agent's current
License as issued by State
of Florida Insurance
Commissioner
By:,
Attorney-in-fact
(Power of Attorney must be attached)
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.
Secretary
Corporate
Seal
STATE OF FLORIDA )
SS
COUNTY OF )
Before me, a Notary Public, duly commissioned, qualified and acting, personally appeared
to me well known, who being by me first duly sworn upon oath, says
that he is the Attorney-in-Fact, for the and that he has been
authorized by 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 __ day of ,20 A.D.
(Attach Power of Attorney)
Notary Public
State of Florida-at-Large
My Commission Expires:
LABOR AND MATERIAL PAYMENT BOND
(SECTION 255.05, FLA. STAT.)
BY THIS BOND, We, , as Principal, and
as corporation, as Surety, are bound to the City of Miami Beach,
Florida, as obligee, herein called City, in the sum of $ for the
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 attomey'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 between the City and Principal is made a part of this
Bond by reference.
Claimants are advised that Section 255.05, Fla. Stat., contains notice and time limitation
provisions which must be strictly complied with.
IN WITNESS WHEREOF, the above bounded parties have caused this Bond to be
executed by their appropriate officials of the day of
,20
WITNESS:
PRINCIPAL:
(If sole Proprietor or partnership)
(Firm Name)
BY
Title: (Sole Proprietor or Partner)
PRINCIPAL (If Corporation)
(Corporate Name)
BY
(President)
COUNTERSIGNED BY
RESIDENT FLORIDA
AGENT OF SURETY:
Attest:
(Secretary)
(CORPORATE SEAL)
SURETY:
(Copy of Agent's current
License as issued by State
of Florida Insurance
Commissioner
By:
Attorney-in-fact
(Power of Attorney must be attached)
CERTIFICATES AS TO CORPORATE PRINCIPAL
named as Principal in the foregoing bond; that
bond on behalf of the Principal, was then
, certify that I am the Secretary of the Corporation
who signed the said
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
goveming body.
Secretary
Corporate
Seal
STATE OF FLORIDA )
COUNTY OF )
appeared
sworn upon oath, says that
the
Before me, a Notary Public, duly commissioned, qualified and acting, personally
to me well known, who being by me first duly
he is the Attorney in Fact, for
and that he has been authorized by
to execute the foregoing bond on behalf of the
Contractor named therein in favor of the City of Miami Beach, Florida.
A.D.
Subscribed and sworn before me this __ day of
Notary Public
State of Florida-at-Large
(Attach Power of Attorney)
,20
My commission Expires
CITY OF MIAMI BEACH
1700 CONVENTION CENTER DRIVE, MIAMI BEACH, FLORIDA 33139
http:t~ci.miami-beach.fl.us
PROCUREMENT DIVISION
PUBLIC NOTICE
INVITATION TO BID NO. 29-01/02
Telephone (305) 673-7490
Facsimile (305) 673-7851
Sealed bids will be received by the City of Miami Beach Procurement Director, 3rd Floor, 1700
Convention Center Drive, Miami Beach, Florida 33139, until 3:00 p.m. on the 16t~ day of August, 2002,
for:
SUPPLY AND INSTALLATION OF WINDOW TINTING FOR THE MIAMI BEACH
CONVENTION CENTER AND THE JACKIE GLEASON THEATER OF PERFORMING
ARTS {TOPA)
Scope of Work: The work specified in this bid consists of furnishing all labor, machinery, tools, means of
transportation, supplies, equipment, materials, services necessary for the Supply and Installation of
Window Tinting for the Miami Beach Convention Center and the Jackie Gleason Theater of Performing
Arts (TOPA).
Estimated Budget: $100,000.00.
Minimum Requirements: Prospective Bidder (General Contractor) must have a valid State of Florida
General Contractors License and a minimum of 3 years experience in providing Window Tinting.
Bid Guaranty: A Bid Guaranty is not required for this bid, however the successful bidder will be required
to provide Performance and Payment Bonds, each for 100% of the contract mount.
At time, date, and place above, bids will be publicly opened. Any bids or proposals received after
time and date specified will be returned to the bidder unopened. The responsibility for submitting
a bid/proposal before the stated time and date is solely and strictly the responsibility of the
bidder/proposer. The city is not responsible for delays caused by mail, courier service, including
U.S. Mail, or any other occurrence.
A Pre-Bid Conference will be held at 2:00 p.m. on August 9, 2002, at the City of Miami Beach
Convention Center, Executive Conference Room 4th Floor, located at 1901 Convention Center
Drive, Miami Beach, Florida 33139.
Attendance at the Prebid Conference is highly encouraged and recommended as a source of
information but is not mandatory.
BID NO: No. 29-01/02 CITY OF MIAMI BEACH
DATE: 07~22/02 2
The City has contracted withDemandStar by Onvia as our electronic procurement service for automatic
notification of bid opportunities and document fulfillment. We encourage you to participate in tiffs bid
notification system. To i'md 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
#293. 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 (http://ci.miami-
beach.fi.us.
Any questions or clarifications concerning this Bid shall be submitted in writing by mail or facsimile to the
Procurement Division, 1700 Convention Center Drive, Miami Beach, FL 33139, or FAX: (305) 673-
7851. The Bid title/number shall be referenced on all correspondence. All questions must be received no
later than ten (10) calendar days prior to the scheduled Bid opening date. All responses to
questions/clarifications will be sent to ail prospective bidders in the form of an addendum.
The City of Miami Beach reserves the right to accept any proposal or bid deemed to be in the best interest
of the City of Miami Beach, or waive any informality in any proposal or bid. The City o f Miami Bcaeh may
reject any and all proposals or bids.
YOU ARE HEREBY ADVISED THAT THIS INVITATION TO BID IS SUBJECT TO THE
"CONE OF SILENCE," IN ACCORDANCE WITH ORDINANCE NO. 99-3164. A COPY
OF ALL WRITTEN COMMUNICATION(S) REGARDING THIS BID MUST BE FILED WITH
THE CITY CLERK.
YOU ARE HEREBY ADVISED THAT THIS INVITATION TO BID IS SUBJECT TO THE
"CODE OF BUSINESS ETHICS" ("CODE"), IN ACCORDANCE WITH RESOLUTION
NO. 2000-23879.
YOU ARE HEREBY ADVISED THAT THIS INVITATION TO BID IS SUBJECT TO THE
CITY OF MIAMI BEACH DEBARMENT ORDINANCE NO. 2000-3234.
YOU ARE HEREBY ADVISED THAT THIS INVITATION TO BID IS SUBJECT TO THE
BID SOLICITATION PROTEST ORDINANCE NO. 2002-3344.
YOU ARE HEREBY ADVISED THAT THIS BID SOLICITATION IS SUBJECT TO THE
LOBYIST FEE DISCLOSURE ORDINANCE NO. 2002-3363.
CITY OF MIAMI BEACH
Gus Lopez, CPPO
Procurement Director
BID NO: No. 29-01102 CrIY OF MIAMI BEACH
DATE: 07122/02 3
CITY OF MIAMI BEACH
1700 CONVENTION CENTER DRIVE, MIAMI BEACH, FLORIDA 33139
http;\\ci miami-beach,fi.us
PROCUREMENT DIVISION
Telephone (305) 673-7490
Facsimile (305) 673-7851
NOTICE TO PROSPECTIVE BIDDERS 1
SUPPLY AND INSTALLATION OF WINDOW TINTING FOR THE MIAMI BEACH CONVENTION CENTER AND
THE JACKIE GLEASON THEATER OF PERFORMING ARTS (TOPA)
BID #29-01/02
NO BID
If not submitting a bid at this time, please detach this sheet from the bid documents, complete
the information requested, and return to the address listed above.
NO BID SUBMITTED FOR REASON(S) CHECKED AND/OR INDICATED:
Our company does not handle this type of product/service.
- - We cannot meet the specifications nor provide an alternate equal product.
· - Our company is simply not interested in bidding at this time.
· · Due to prior commitments, I was unable to attend pm-proposal meeting.
OTHER. (Please specify)
We do __ do not __ want to be retained on your mailir~g list for future bids for the type or
product and/or service.
Signature:
Title:
Company:
Note: Failure to respond, either by submitting a bid or this completed form, may result in your
company being removed from the City's bid list.
BID NO: No. 29-01/02 CITY OF MIAMI BEACH
DATE: 07~22/02 4
CITY OF MIAMI BEACH
COMMISSION ITEM SUMMARY
Condensed Title:
Request for approval to Award a Contract to 3M Confianza Window Tinting Inc., in the Amount of $76,125,
IPursuant to Bid No. 29-01/02, Supply and Installation of Window Tinting for the Miami Beach Convention
Center and the Jackie Gleason Theater of Performing Arts (TOPA).
Issue:
IShall a contract be awarded to the lowest and best bidder, 3M Confianza Window Tinting Inc.?
Item S ummarylReco.mmendatlon:
Based on the analysis of the bids received, it is recommended that the City award a con~-ac~ to 3M
Confianza Window Tinting Inc. in the amount of $76,125, pursuant to Bid No. 29-01/02, Supply and
Installation of Window Tinting fnr the Miami Beach Convention Center and TOPA.
Advisory Board Recommendation:
August 28, 2001 Capital Oversight Committee
Financial Info ation:
Source of Amount Account Approved
Funde: I $76,125 441.2300.069358
2
Finance Dept. Total $76,125
City Clerk's Office Legislative Tracking:
I DOUG TOBER
Sign-Offs:
I DT O'partm'nt Direr~°r
Assistant City Manager
CMC gtl
City Manager
F.-~U RC~ALL~Mldh~BIDS~9-01-02 TINTED
To:
From:
Subject:
COMMISSION MEMORANDUM
Date: February 26, 2003
Mayor David Dermer and
Members of the City Commission
Jorge M. Gonzalez
City Manager //')~" ' 0
REQUEST FOR APPROVALt/ TO AWARD A CONTRACT TO
3 M CONFIANZA WINDOW TINTING INC. IN THE AMOUNT OF $ 76,125,
PURSUANT TO BID NO. 29-01102 - SUPPLY AND INSTALLATION OF
WINDOW TINTING FOR THE MIAMI BEACH CONVENTION CENTER AND
THE JACKIE GLEASON THEATER OF PERFORMING ARTS (TOPA).
ADMINISTRATION RECOMMENDATION
Approve the Award.
AMOUNT AND FUNDING:
$76,125 - Budget Account No. 441-2300-069358 - (Allocated by Commission F/Y 01 )
ANALYSIS:
Total funding in the amount of $34,727,820 has been appropriated from Fiscal Year (FY)
96/97 through 02/03, for the Convention Center and Jackie Gleason Theater of the
Performing Arts (TOPA) Capital Projects. Pursuant to the City Commission request for
balance updates to be current preliminary figures through February 13, 2003 show
$20,125,115.58 disbursed, with an additional $1,617,473.37 encumbered for projects in
progress. The total funding available was $35,000,000. It is estimated that the City will not
need to expend funds from the $10,000,000 held for the Cultural Arts Council before the
end of FY2002/03.
The work specified in Invitation to Bid No. 29-01102 (the 'Bid'), consists of furnishing all
labor, machinery, tools, means of transportation, supplies, equipment, materials, services
necessary for the supply and installation of window tinting for the Miami Beach Convention
Center and the Jackie Gleason Theater of Performing Arts (TOPA). The work specifically
requires the installation of safety and solar window film for 21,606 square feet on the east
side of the Convention Center, and 144 square feet at TOPA.
The purpose of this project is to increase energy efficiency, and provide window protection
during severe weather. The Sunguard product specified in the Bid provides a 99%
ultraviolet reflection. The extended warranty on the product is twelve (12) years.
Bid No. 29-01/02
Page Two
February 26, 2003
ANALYSIS: (Continued)
The Bid was issued on July 25, 2002, with an opening date of August 27, 2002. As a result
of questions received from prospective bidder, two (2) Addenda's were issued.
DemandStar by Onvia issued bid notices to 768 prospective bidders, two (2) supplemental
suppliers, resulting in 19 vendors requesting bid packages, which resulted in the receipt of
seven (7) responsive, and one (1) non-responsive bid.
The lowest and best bidder, "3M Confianza Inc.", is required to furnish and installed at a
rate of $3.50 per square foot.
3M Confianza agrees to pay the City liquidated damages in the amount of $100 per
calendar day beyond the 60 calendar day substantial completion date.
Safeguards for the City's protection have been made a part of this new contract. 3M will be
required to provide Performance and Payment Bonds, each for 100% of the contract
amount.
The Procurement Division requested a sample of the material to be provided by 3M, which
the SMG staff inspected, tested, and subsequently approved.
References have been checked by Procurement staff and Dun and Bradstreet reports have
been secured, and 3M Confianza comes highly recommended. 3M Confianza has been in
business for 12 years as a General Contractor, and pursuant to reference checks, 3M
Confianza provides quality work and completes all jobs within the required completion
dates.
CONCLUSION:
Based on the analysis of the bids received, it is recommended that the contract be
awarded to 3M Confianza Window Tinting Inc. in the amount of $76,125, Pursuant to Bid
No. 29-01/02 - Supply and Installation of Window Tinting for the Miami Beach Convention
Center and the Jackie Gleason Theater of Performing Arts.
JMG:~T:GL/mpj
F:~PURC~,$ALL~IIItha~BID8~.9-01-02 TINTED WINDOW~BCC-Co~mMemo2g-O1-02.dO¢
]0
Bid No. 29-01/02
Page Three
February 26, 2003
Tabulation
Confianza Window Tinting $76,125.00
Tran Construction Inc. $77~430.00
A-1 Sun Protection $77~865.00
Professional Window Tinting $77,997.66
Solar Tint Inc. $81 r562.50
** Brian's Window Tinting $82,500.00
Solar Security Films Inc. $82,650.00
Professional Window Tinting (Alternate) $93,337.92
** Non-responsive- Did not acknowledge Addendums I & 2, which provided clarification on
the Minimum Requirements, site visit to the Convention Center for the prospective
bidders between August 22 and 23, and amended bid proposal form with the new
estimated quantity of 21,606 s/f for the Miami Beach Convention Center and Jackie
Gleason 1~.~. s/f.
]]
CITY OF MIAMI BEACH
1700 CONVENTION CENTER DRIVE, MIAMI BEACH, FLORIDA 33139
http:\\ci miami-beach fi.us
INVITATION TO BID NO. 29-01/02
~-7490
Facsimile (305) 673-7851
ADDENDUM NO. 2
August 21, 2002
Supply and Installation of Window Tinting for the Miami Beach Convention Center and the Jaekie
Gleason is amended as follows:
The Bid Opening Date is changed from August 23, 2002, to August 27, 2002, ~ 3:00 p.m
Change:
Please use Amended Bid Proposal Form (Attachment A).
Add:
Prospective Bidders may offer an alternate product of greater quality than specified in the
Bid Documents. This Alternate product shall include at a minimum, price, delivery and
complete detailed specifications of the proposed product.
Change: The Minimum Requirements and Section 2.19 - References~ to read:
Prospective Bidder must have a minimum of 3 years experience in providing Window
Tinting in Commercial Buildings, submit eight (8) references, with a minimum of four
completed projects of a minimum contract amount of $70,000. The company awarded this
Project must have required licenses in order to pull any/all required permits for the
completion of this Project.
Clarify:
This Project shall be substantially completed in sixty (60) calendar days, from the issuance
date of the Notice to Proceed, with final completion fifteen (15) calendar days later.
Add:
Prospective Bidders that wish another Site Visit should contact Mike Stanford ~
786.276.2615 to schedule for August 22 and 23 between the hours of S:00 p.m. to 2:00 p.m.
Additional information regarding the Scope of Work for this Project will NOT be addressed.
zlddendum 2
August 21, 2002
Page 2
Clarify:
See Page 2 of the Bid Documents relative to bid(s) submittal.
Clarify:
The City has provided the estimated square footage of Window Tinting required. Bidders
shall provide a unit price per square feet of the specified Window Tinting, as the City will
not provide the window measurements at this time.
Bidders that receive this Addendum shall acknowledge receipt on proposal page 24,
"Acknowledgement of Addenda". The City reserves the right to request clarification of the bid
amount for the apparent low bidder(s) that's deemed to be in the best interest of the City of
Miami Beach, and/or to waive any informalities or irregularities/ambiguities.
CITY OF MIAMI BEACH
Gus Lopez, CPPO
Procurement Director
F:~URC~ALL'~vlii~Im~B IDSk29-01-02 TINTED W1NDOW~29 adden 2.doc
ATTCH A - BID PROPOSAL FORM (AMENDED)
Attachment A
(AMENDED)
SUPPLY AND INSTALLATION OF WINDOW TINTING FOR THE MIAMI BEACH
CONVENTION CENTER AND THE JACKIE GLEASON THEATER OF
PERFORMING ARTS (TOPA)
INVITATION TO BID #29-01/02
BID PROPOSAL PAGE 1 OF 2
We propose to furnish all labor, machinery, tools, means of transportation, supplies, equipment,
materials, services necessa~ for the Supply and Installation of Window Tinting for the Miami Beach
Convention Center and the Jackie Gleason Theater of Performing Arts (TOPA), in accordance with
these specifications.
ITEM DESCRIPTION Est. Qty. UNIT PRICE TOTAL
# 1 Miami Beach Convention Center: 21,606 s/f $
#2 Jackie Gleason 144 s/f $ $
GRAND TOTAL: $
Mfg. Material Film Warranty: Years. (See Section 2.17)
(Attach a Copy of the complete Warranty to this Bid Form).
Labor Warranty: Years. (See Section 2.17)
(Attach a Copy of the complete Warranty to this Bid Form).
Note: (Unit Prices for Item #1 and #2 shall be fixed/firm until December 31, 2002).
Should the City require additional Window Tinting, after December 31, 2002, We propose to
furnish all labor, machinery, tools, means of transportation, supplies, equipment, materials,
services necessary for this additional work at the following rate:
$ S/F
BID NO: No. 29-01/02
DATE: 08/21/02
(AMENDED)
CITY OF MIAMI BEACH
23
CITY OF MIAMI BEACH
1700 CONVENTION CENTER DRIVE, MIAM~ BEACH, FLORIDA 33139
http:\\cimiami-beach,fl.us
PROCUREMENT DIVISION
INVITATION TO BID NO. 29-01/02
Telephone (305) 673-7490
Facsimile (305) 673-7851
ADDENDUM NO. 1
August 14, 2002
Supply and Insta!l~tion of Window Tinting for the Miami Beach Convention Center and the Jackie Gleason
Theater is amended as follows:
The Bid Opening Date is changed from August 16, 2002, to August 23, 2002, ~ 3:00 p.m
Inasmuch as this change does not materially affect the bid document, proposers are not required to
acknowledge this addendum to be deemed responsive.
CITY OFMIAMIBEACH
Gus Lopez, CPPO
Procurement Director
mpj
SUPPLY AND INSTALLATION OF WINDOW TINTING FOR THE MIAMI
BEACH CONVENTION CENTER AND THE JACKIE GLEASON THEATER
OF PERFORMING ARTS (TOPA)
BID # 29-01102
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 Division, 3rd floor, 1700 Convention Center Drive, Miami
Beach, Florida 33139. Facsimile bids will not be accepted.
1.2
EXECUTION OF BID:
Bid must contain a manual signature of an authorized representative in the space provided on the
Bid Form. Failure to properly sign bid shall invalidate same and it shall NOT be considered for
award. All bids must be completed in pen and ink or typewritten. No erasures are permitted. Ifa
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 ~ the enclosed bid form questionnaire, and explain the
reason. Repeated failure to bid without sufficient justification shall be eause for removal of a
supplies name fxom the bid mailing list.
1.4
PRICES QUOTED:
Deduct Wade discounts and quote firm net prices. Give both unit price and extended total, when
requested. Prices must be stated in anits of quantity specified in the bidding specifications. In ease
of discrepancy in computing the amount of the bid, the UNIT PRICE quoted will govern. All prices
must be F.O.B. destination, freight prepaid (unless otherwise stated in special conditions).
Discounts for prompt payment. Award, if made, will be in accordance with terms and conditions
stated herein. Each item must be bid separately and no attempt is to be made to tie any item or
items in with any other item or items. Cash or quantity discounts offered will not be a consideration
in determination of award of bid(s).
BID NO: No. 29-01/02 t21'I'Y OF MIAMI BEACH
DATE: 07~22~02 5
1.5
1.6
1.7
1.8
1.9
1.10
TAXES:
The City of Miami Beach is exempt from all Federal Excise and State taxes. State Sales Tax and
Use Certificate Nmber is 04-00097-09-23.
MISTAKES:
Bidders are expected to examine the specifications, delivery schedules, bid prices and extensions
and all insm~ctions pertaining to supplies and services. Failure to do so will be at the bidders risk.
CONDITION AND PACKAGING:
It is understood and agreed that any item offered or shipped as a result of this bid sbal! 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
UNDERWRITERS' LABORATORIES:
Unless otherwise stipulated in the bid, all manufactured items and fabricated assemblies shall be
U.L. listed or re-examination listing where such has been established by U.L. for the item(s) offend
and fumished.
BIDDER'S CONDITIONS:
The City Commission reserves the right to waive incga~larities or technicalities in bids or to reject all
bids or any part of any bid they deem necessary for the best interest of the City of Miami Beach,
FL.
EQUIVALENTS:
If bidder offers makes of equipment or brands of supplies other than those specified in the
following, he must so indicate on his bid. Specific a~icle(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 q~mlity as listed in
the specifications.
Bidder shall indicate on the bid form the manufactttrefs 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 WII~I~
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.
1.11 (NOT USED)
BID NO: No. 2901/02 C;I'IY OF MIAMI BEACH
DATE: 07/22/02 6
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 stipul_ations may
also result in:
A) Vendors name being removed from the vendor list.
B) All depa~hnents being advised not to do business with vendor.
1.14
SAMPLES:
Samples of items, when required, must be furnished five 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 ofatter 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 other,vise 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 aider receipt of purchase order, in space
provided. Delivery time may become a basis for making an award. Delivery shall be within the
normal working hours of the user, Monday through Friday, excluding holidays.
1.16 INTERPRETATIONS:
Unless otherwise stated in the bid, any questions concerning conditions and specifications should be
submitted in writing to the Procurement Director, 1700 Convention Center Drive, Miami Beach, FL
33139. Fax (305) 673-7851.
1.17 (NOT USED)
1.18 (NOT USED)
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 unless othem'ise provided. Title to/or risk of loss
or damage to all items shall be the responsibility of the successful bidder until aec~ptance by the
buyer unless loss or damage result t~um negligence by the buyer.
If the materialn or services supplied to the City are found to be defective or not conform to
specifications, the City reserves the fight to cancel the order upon written notice to the seller and
return product at bidder's expense.
BID NO: No. 29-01/02 ~21'lY OF MIAMI BEACH
DATE: 07/22/02 7
1.21
1.22
1.23
1.24
1.25
1.26
1.27
1.28
1.29
PAYMENT:
Payment will be made by the City atter the items awarded to a vendor have been received,
inspected, and found to comply with award specifications, free of damage or defect and properly
invoiced
DISPUTES:
In case of any doubt or difference of opinion as to the items to be furnished hereunder, the decision
of the City shall be final and binding on both paRies.
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 respomibility.
(NOT USED)
(NOT USED)
PATENTS & ROYALTIES:
The bidder, without exception, shall indemnify and save harmless the City of Miami Beach, Florida
and its employees fi'om liability of any nature or kind, including cost and expenses for, or on
account of, any copyrighted, patented, or unpatented invent/on, 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 wodc
OSHA:
The bidder warrants that the product supplied to the City of Miami Beach, Florida shall conform in
all respects to the standards set forth in the Occupational Safety and Health Act of 1970, as
amended, and the failure to comply with this condition will be considered as a breach of contract.
Any fines levied because of inadequacies to comply with these requirements shall be borne solely
by the bidder responsible for same.
SPECIAL CONDITIONS:
Any and all Special Conditions that may vary from these General Conditions shall have precedence.
ANTI-DISCRIMINATION:
The bidder certifies that he/she is in compliance with the non-discdminafien clause contained in
Section 202, Executive Order 11246, as amended by Executive Order 11375, relative to eqnal
employment oppemmity for all pe~ons without regard to race, color, religion, sex or
national origin.
BID NO: No. 29-01/02 CITY OF MIAMI BEACH
DATE: 07/22/02 8
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 information on access for persons with disabilities. For
more information on ADA compliance please call Heidi Johnson Wright, Public Works
Department, at 305.673.7080.
1.31
QU,~!,ITY:
All materials used for the manufacture or construction of any supplies, materials or equipmem
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 necessa~ 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 GUARANTY: N/A
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 po~on of any bid surety required equal to liquidated
damages incurred by the City thereby, or where surety is not required, failure to execute a contract
as described above may be grounds for removing the bidder from the bidders list
1.36
CANCELLATION:
In the event any of the provisions of this bid are violated by the contractor, the Procurement
Director shall give wriRen notice to the contractor stating the deficiencies and unless deficiencies are
corrected within ten (I0) days, recommendation will be made to the City Commission for
immextiate cancellation. The City Commission of Miami Beach, Florida reserves the fight to
tcaminate any contract resulting from this invitation at any lfine and for any reason, upon giving thirty
(30) days prior written notice to the other party.
1.37
BILLING INSTRUCTIONS:
Invoices, unless otherwise indicated, must show purchase order numbers and shall be submitted in
DUPLICATE to the City of Miami Beach, Accounts Payables Department, 1700 Convention
Center Drive, Miami Beach, Florida 33139.
1.38 (NOT USED)
BID NO: No. 29-01/02 Cl'l'~' OF MIAMI BEACH
DATE: 07/22102 9
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 furnish the brand quoted in their bid once awarded. Any substitute shipments will be
retum~ 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 serf-addressed
stamped envelope with the bid.
1.44
1.45
1.46
BID PROTEST PROCEDURES:
Bidders that are not selected may protest any recommendation for Contract award in accordance
with City of Miami Beach Ordinance No. 2002- 3344, which establishes procedures for resulting
protested bids and proposed awards. Protest not timely pursuant to the requirements of
Ordinance No. 2002-3344 shall be barred.
(NOT USED)
CLARIFICATION AND ADDENDA TO BID SPECIFICATIONS:
If any person contemplating submitting a Bid under this Solicitation is in doubt as to the mae
meaning of the specifications or other Bid documents or any part thereof, the Bidder must submit to
the City of Miami Beach Procurement Director at least ten (10) calendar days prior to scheduled
Bid opening, a request for clarification. All such requests for clarification must be made in writing
and the person submitting the request will be responsible for its timely delivery.
Any interpretation of the Bid, if made, will be made only by Addendum duly issued by the City of
Miami Beach Procurement Director. The City shall issue an Informational Addendum if clarification
or minimal changes are required. The City shall issue a Formal Addendum if substantial changes
which impact the technical submission of Bids is required. A copy of such Addendum shall be sent
by mail or facsimile to each Bidder receiving the Solicitation. In the event of conflict with the
original ConWact 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 Formal 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.
BID NO: No. 29-01102 CII'Y OF MIAMI BEACH
DATE: 07/22/02 10
1.47
1.48
DEMONSTRATION OF COMPETENCY:
1) Pre-award inspection of the Bidder's facility may be made prior to the award of contract. Bids
will only be considered from firms which are regularly engaged in the business of providing the
goods and/or services as described in this Bid. Bidders must be able to demomtrate a good record
of performance for a reasonable period of time, and have sufficient financial support, equipment and
orga~iTation to insure that they can satisfactorily execute the services if awarded a contract under
the terms and conditiom herein stated. The terms "equipment and organi?afion" as used herein shall
be construed to mean a fully equipped and well established company in line with the best business
practices in the industry and as determined by the City of Miami Beach.
2) The City may consider any evidence available regarding the financial, technical and other
qamlifications and abilities of a Bidder, including past performance (experience) with the City in
making the award in the best interest of the City.
3) The City may require Bidders to show proof that they have been designated as authorized
representatives of a manufacturer or supplier which is the actual source of supply. In these
instances, the City may also require material information from the source of supply regarding the
quality, packaging, and characteristics of the products to be supplies to the City through the
designated representative. Any conflicts between this material information provided by the source
of supply and the information contained in the Bidd~s Proposal may render the Bid non-
responsive.
4) Thc City may, during the period that the Contract between the City and the success~ 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 organi?ation as prescribed in this Solicitation.
Irrespective of the Bidders performance on contracts awarded to it by the City, the City may place
said contracts on probationary status and implement termination procedures if the City determines
that the successful Bidder no longer possesses the financial support, equipment and organization
which would have been necessary dining the Bid evaluation period in order to comply with this
demonstration of competency section.
DETERMINATION OF AWARD
The City Commission shall award the contract to the lowest and best bidder. In det~mining 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 thc Contract.
b. Whether the bidder can poTorm the Contract within the time specified, without delay
or interference.
c. Thc character, integrity, reputation, judgement, experience and efficiency of thc
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.
BID NO: No. 2901/02 ~;l'l"t' OF MIAMI BEACH
DATE: 07/22/02 11
1.49
1.50
1.51
1.52
ASSIGNMENT:
The contractor shall not assign, transfer, convey, sublet or otherwise dispose of this contract,
including any or all of its right, title or interest therein, or his or its power to execute such contract to
any person, company or corporation without prior written consent of the City of Miami Beach.
LAWS, PERMITS AND REGULATIONS:
The bidder shall obtain and pay for all licenses, permits and inspection fees required for this project;
and shall comply with all hws, ordinances, regulations and building code requirements applicable to
the work contemplated herein.
OPTIONAL CONTRACT USAGE:
As provided in Section 287.042 (17), Florida Statutes, other State agencies m. ay purchase from the
resulting contract, provided the Dapmhuent of Managament 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 ceCdfied by the Division to the other State agencies at the
agencies option.
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. Federal, State or local contracts.
1.53 ELIMINATION FROM CONSIDERATION
1.54
1.55
This bid solicitation shall not be awarded to any person or finn which is in atream to the City upon
any debt, taxes or contracts which are defaulted as surety or otherwise upon any obligation to the
City.
WAIVER OF INFORMALITIES
The City reserves the right to waive any informalities or irregularities in this bid solicitation.
ESTIMATED QUANTITIES
Esl/mated quantifies or estimated dollars, if provided, are for City guidance only. No guarantee is
expressed or implied as to quantities or dollars that will be used during the contract period. The
City is not obligated to place any order for a given amount subsequent to the award of this bid
solicitation. Estimates are based upon the City's actual needs and/or usage during a previous
contract period. The City for purposes of determining the low bidder meeting specifications may
use said estimates.
BID NO: No. 29.-01/02 cII'Y OF IVllAMI BEACH
DATE: 07122/02 12
1.56
1.57
1.58
1.59
1.60
1.61
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 patent
company or the principals thereof of one ( 1 ) bidder or proposer have a direct or indirect ownership
interest in another bidder or proposer for the same contract. Bids or proposals found to be
collusive shall be rejected. Bidders or Proposers who have been found to have engaged in
collusion may be considered non-responsible, and may be suspended or debarred, and any
contract resulting from collusive bidding may be terminated for default.
DISPUTES
Ia the event of a conflict between the documents, the order of priority of the documents shall be as
follows:
· Any agreement resulting from the award of this Bid (if applicable); then
· Addenda released for this Bid, with the latest Addendum taking precedence; then
· The Bid; then
· Awardee's Bid.
REASONABLE ACCOMMODATION
Ia 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 Depaament at (305) 673-7080.
GRATUITIES
Proposers shall not offer any gratuities, favors, or anything of monetary value to any official,
employee, or agent of the City, for the purpose of influencing consideration of this proposal.
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, atter such acceptance, the City
may procure the items or services from other sources and hold the bidder or contractor responsible
for any excess cost occasioned or incurred thereby. Additionally, the City may take such action.
BID CLARIFICATION:
Any questions or clanfi' cations concerning this Invitation to Bid shall be submitted in writing by mail
or facsimile to the Procurement Depmiment, 1700 Convention Center Drive, Miami Beach, FL
33139 FAX: (305) 673- 7851. The bid title/number shall be referenced on all correspondence. All
questious must be received no later than ten (10) calendar days prior to the scheduled bid opening
date.
BID NO: No. 29-01/02 121'I'Y OF MIAMI BEACH
DATE: 07/22/02 13
1.62
1.63
1.64
1.65
1.66
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 ALTER SAID
DEADLINE.
TIE BIDS:
Please be advised that in accorrlar~ce with Florida Statues Section 287.087, regarding identical tie
bids, preference will be given to vendors certil~ing that they have implemented a drag free work
place program. A certification form will be required at that time.
PUBLIC ENTITY CRIMES (PELD:
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 tnmsact business with any public entity in excess of the
threshold amount provided in Sec. 287.017, for CATEGORY TWO for a period of 36 months
fix)m the date of being placed on the convicted vendor list.
DETERMINATION OF RESPONSIVENESS:
Determination of responsiveness taken place at the time of bid opening and evaluation. In order to
be deemed a responsive bidder, your bid must conform in all material respects to the requirements
stated in their Bid.
DELIVERY TIME:
Vendors shall specifiy on the attached Bid Form, the guaranteed delivery time (in calenda~r days) for
each item. It must be a finn delive~ time, no ranges will be accepted, i.e.; 12-14 days.
INSURANCE AND INDEMNIFICATION:
(See Check List for applicability to this contract)
The contractor shall be responsible for his work and every part thereof, and for all materials, tools,
appliances and property of every description, used in connection with this particular project. He
shall specifically and distinctly assume, and does so assume, all risks of damage or injury to
property or persons used or employed on or in connection with the work and of all damage or
injury to any pe~on or property wherever located, resulting from any action or operation under the
contract or in connection with the work. It is understood and agreed that at all times the contractor
is acting as an independent contractor.
The contractor, at ali times during the full duration of work under this contract, including extra work
in connection with this project shall meet the following requirements:
Maintain Worker's Compensation and Employer's Liability Insurance to meet the statutory
requirements of the State of Florida.
BID NO: No. 29-01102 ci't'Y OF MIAMI BEACH
DATE: 07122/02 14
Maintain Comprehensive General Liability Insurance in amounts prescribed by the City (see
checklist for limits) to protect the contractor in the interest of the City a~inst all risks of injury to
persons (including death) or damage to property wherever located resulting fiom any action or
operation under the contract or in connection with the work. This policy is to provide coverage for
premises/operations, independent contractor, broad form property damage, products/completed
operations and contractual liability.
Maintain Automobile Liability Insurance including Property Damage covering all owned, non-
owned or hired automobiles and equipment used in connection with the work.
Maintain any additional coverages required by the Risk Manager as indicated on the Insurance
Check List. Name the City of Miami Beach as an additional insured on all liability policies required
by this conlract. When naming the City of Miami Beach as an additional insured onto your policies,
the insurance companies hereby agree and will endorse the policies to state that the City will not be
liable for the payment of any premiums or assessments. A copy of the endorsement(s) naming the
City of Miami Beach as an additional insured is required and must be submitted to the City's Risk
Manager.
No change or cancellation in insurance shall be made without thirty 00) days written notice to the
City of Miami Beach Risk Manager.
All insurance policies shall be issued by companies authorized to do business under the laws of the
State of Florida and these companies must have a rating of at least B+:VI or better per Best's Key
Rating Guide, latest edition.
Original signed Certificates of Insurance, evider£ing such coverages and endorsements as required
herein, shall be filed with and approved by the City of Miami Beach Risk Manager before work is
started. The certificate must state Bid Number and Title. Upon expiration of the required
insurance, the contractor must submit updated certificates of insurance for as long a period as any
work is still in progress.
It is understood and agreed that all policies of insurance provided by the contractor are primary
coverage to any insurance or self-insmance the City of Miami Beach possesses that may apply to a
loss resulting from the work performed in this contract.
All policies issued to cover the insurance requirements herein shall provide full coverage from the
first dollar of exposure. No deductibles will be allowed in any policies issued on this contract unless
specific safeguar~ 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 contraetxml indemnity and
hold harmless agreement:
"The contractor hereby agrees to indemnify and hold harmless the City of Miami Beach, a municipal
BID NO: No. 29-01/02 CITY OF MIAMI BEACH
DATE: 07122/02 15
corporation, its offices, agents, and employees from all claims for bodily injuries to the public in
and up to the amount of $1,000,000.00 for each occurrence and and for all damages to the
property of others in and up to the amount of $1,000,000.00 for each occurrence per the
insurance requirement under the specifications including costs of investigation, all expenses of
litigation, including reasonable attorney fees and the cost of appeals arising out o fany such claims or
suits because of any and all acts of omission or commission of any by the contractor, his agents,
servants, or employees, or through the mere existence of the project under contract".
The foregoing 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 determined by a court of competent jurisdiction.
The con~ractor will notify his insurance agent without delay of the existence of the Hold Harmless
Agreement conlained within this conlract, and furnish a copy of the Hold Harmless Agreement to
the insurance agent and carder.
The contractor will obtain and maintain contrac_~_~_a! liability insurance in adequate limits for the sole
purpose of protecting the City of Miami Beach under the Hold Hamfless 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 carrying insurance and furnishing copies of the insurance policies shall
not relieve the contractor and all subcontractors of their liabilities and obligations under any Section
or Provisions of this contract. Contractor shall be as fully responsible to the City for the acts and
omissions of the subcontractor and of persons employed by them as he is for acts and omissions of
persons directly employed by h/re.
Insurance coverage required in these specifications shall be in force throughout the contract term.
Should any awardee fail to provide acceptable evidence of current insurance within seven days of
receipt of written notice at any time during the contract term, the City shall have the fight to consider
the contract breached and justifying the termination thereof.
ff bidder does not meet the insurance requirements of the specifications; alternate insurance
coverage, satisfactory to the Risk Manager, may be considered.
It is understood and agreed that the inclusion of more than one insured under these policies shall not
reslrict the coverage provided by these policies for one insured hereunder with respect to a liability
claim or suit by another insured hereunder or an employee of such other insured and that with
respect to claims against any insured hereunder, other insureds hereunder shall be considered
members of the public; but the provisions of this Cross Liability clause shall apply only with respect
to liability arising out of the ownemhip, maintenance, use, occupancy or repair of such portions of
the premises insured hereunder as are not reserved for the exclusive use of occupancy of the
insured against whom claim is made or suit is filed.
BID NO: No. 29-01/02 ~:l'l'"t' OF MIAMI BEACH
DATE: 07122/02 16
INSURANCE CHECK LIST
Workers' Compensation and Employer's Liability per the Statutory limits of the state of
Florida.
Comprehensive General Liability (occunence form), limits of llahility $ 1,000,000.00 per
occurrence for bodily injury property damage to include Premises/Operations; Products,
Completed Operations and Contractual Liability. Contractual Liability and Contractual
Indemnity (Hold harmless endorsement exactly as written in "insurance requirements" of
specifications).
Automobile Liability - $1,000,000 each occurrence - owned/non-owned/hired automobiles
included.
__ 4. Excess Liability - $.
.00 per occurrence to follow the primary coverages.
The City must be named as and additional insured on the liability policies; and it must be
stated on the certificate.
6. Other Insurance as indicated:
Builders Risk completed value
Liquor Liability
Fire Legal Liability
Protection and Indemnity
Employee Dishonesty Bond
Other
$ .00
$ .00
$ .00
$. .00
$. .00
$ .00
.XXX 7. Thirty (30) days written cancellation notice required.
XXX 8. Best's guide rating B+:VI or better, latest edition.
XXX 9. The certificate must state the bid number and rifle
BIDDER AND INSURANCE AGENT STATEMENT:
We understand the Insurance Requirements oftbese specifications and that evidence of this insurance may
be required within five (5) days after bid opening.
Bidder
Signature of Bidder
BID NO: No. 29-01102 UITY OF MIAMI BEACH
DATE: 07~22~02 17
SUPPLY AND INSTALLATION OF WINDOW TINTING FOR THE MIAMI BEACH
CONVENTION CENTER AND THE JACKIE GLEASON THEATER OF PERFORMING
ARTS (TOPA)
BID 029-01/02
2.0 SPECIAL CONDITIONS
2.1
PURPOSE:
The propose of this bid is to establish a contract, by means of sealed bids to a qualified contractor
for the Supply and Installation of Window Tinting at the Miami Beach Convention Center, and the
Jackie Gleason Theater of Performing Arts (TOPA).
2.2 TERM OF CONTRACT: N/A
2.3 METHOD OF AWARD: N/A
Section 1.48.
2.4 (NOT USED)
2.5 ADDITIONS/DELETIONS OF FACILITIES: N/A
2.6
PRICES SHALL BE FIXED AND FIRM FOR TERM OF CONTRACT:
Should the City of Miami Beach, (MBCC/SMG) require additional Window Tinting for the Miami
Beach Convention Center or the Jackie Gleason Theater of Performing Arts, (TOPA) which will
include the items identified on the Bid Form, the bidder awarded this contract shall provide these
items at the same firm fixed price until December 31, 2002.
2.8 (NOT USED)
2.7
PRE-BID CONFERENCE/SITE INSPECTION:
A Pre-Bid Conference wffi be held at 2:00 p.m. on August 9, 2002, at the City of Miami
Beach Convention Center, Executive Conference Room 4a Floor, located at 1901
Convention Center Drive, Miami Beach, Florida 33139
2.8 (NOT USED)
BID NO: No. 29-01/02 CITY OF MIAMI BEACH
DATE: 07122/02 18
2.9
2.10
2.11
2.12
2.13
2.14
2.15
2.16
VENDOR APPLICATION
The City has contracted with DemandStar by Onvia as our electronic procurement service for
automatic notification of bid opporIunities and document fulfillment. We encourage you to
participate in this bid notification system. To find 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 #293. 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 (httl~://ci.miami-beach.fl.us. From the City's home page, click
on Procurement and follow the instructions.
CONTACT PERSON:
For any additional information relative to matters of process only, contact Mirtha Perez-Jimenez,
Senior Procurement Specialist at mirthapereziimcnez¢~ci.miami-beach.fl.us or (305) 673-7490,
Facsimiles will be accepted at (305) 673-7851.
SAMPLES:
The bidder shall provide upon request, a complete and accurate sample of the product(s) which
they propose to furnish.
(NOT USED)
LIQUIDATED DAMAGES:
The Bidder agrees to pay the Owner liquidated damages in the amotmt of $100 per calendar day
beyond the 60 day substantial completion date.
PERCENTAGE ABOVE VENDOR COST:
Bids for parts and supplies shall be submitted on a percentage above vendor cost. Evidence of said
costs shall be submitted with invoice, for each repair or service call. Proof of costs shall be printed,
properly identified, and dated as to issuance and effectiveness.
ESTIMATED QUANTITIES:
Estimated 22,000 SQ/FT
HOURLY RATE:
The hourly rote quoted shall include full compensation for labor, equipment use, traveltime, and any
and all cost to the bidder. This rate is assumed to be straight-time for all labor, except as othemrise
noted. Contractor will not be paid at overtime hourly labor rate(s), unless specific authorization is
obtained from the Miami Beach Convention Center Director of Operations or designated
representative Adminislrator.
BID NO: No. 29-01102 CITY OF MIAMI BEACH
DATE: 07/22/02 19
2.17 WARRANTY:
The successful bidder will be required to wamanty all work performed for a minimum I year, and All
Window Film for a minimum often (10) years. Warranty shall be described in detail on the attached
Bid Form (See Section 3.0).
2.18 PRODUCT/CATALOG INFORMATION:
All bidders must submit product information on the product they propose to finnish if awarded this
contract. Any bid received not containing this information may be rejected for that reason.
2.19
2.20
2.21
2.22
REFERENCES:
Each bid must be accompanied by a list of at least eight (8) references, which indicates four (4)
separate Window Tinting projects, of twenty five thousand ($25,000) dollars or Higher.
References shall include the name of the company, a contact person and the telephone number.
NO BID WILL BE CONSIDERED WITHOUT THIS LIST.
COMPLETE PROJECT REQUIRED:
These specifications describe the various items or classes of work required, enumerating c~clffming
the extent of same necessary, but failure to list any items or classes under scope of the several
secfiom shall not relieve the conaactor from furnishing, installing or performing such work where
required by any part of these specifications, or necessary to the satisfactory completion of the
project.
FACILITY LOCATION:
Miami Beach Convention Center
Jackie Gleason Theater
1901 Convention Center Drive
Miami Beach, Florida 33139
BIDDER QUALIFICATIONS:
In order for bids to be considered, bidders must submit with their bid, evidence that they are
~mlified 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 Supply and Installation of Window Tinting
specified in the required scope of work; has available the orgaviTation and qualified nmnpower to
do the work; has adequate fiaancial 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 provided similar specified
Window Tinting Projects. The evidence will consist of listing the work that has been
provided to public and private sector clients, i.e. nature of work and number of
facilities/clients where your firm has completed Window Tinting Projects within the last
three (3) years.
BID NO: No. 29-01102 CITY OF IVIIAMI BEACH
DATE: 07122/02 20
2.23 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.
2.24 EXCEPTIONS TO SPECIFICATIONS:
Exceptions to the specifications shall be listed on the Bid Form and shall reference the section. Any
exceptions to the General or Special Conditions shall be cause for the bid to be considered non-
responsive.
2.25
2.26
2.27
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.
MAINTENANCE AGREEMENT: N/A
EQUAL PRODUCT:
Manufacturer's name, brand name and model number are used in these specifications for the
purpose of establishing minimum requ~rat,ent of level of quality, stamlarcls of performance and
design required and is in no way intended to prohibit the bidding of other manufacttrer,s items of
equal material, unless otherwise indicated. Equal (substitution) may be bid, provided product so
bid is found to be equal in quality, standards of performance, desigrg etc. to item specified, unless
othemdse indicated. Where equal is proposed, bid must be accompanied by complete
factory information sheets (specifications, brochures, etc.) and test results of unit bid as
equal.
BID NO: No. 29-01102 CITY OF MIAMI BEACH
DATE: 07/22/02 21
SUPPLY AND INSTALLATION OF WINDOW TINTING FOR THE MIAMI BEACH
CONVENTION CENTER AND THE JACKI~ GLEASON THEATER OF PERFORMING
ARTS (TOPA)
BID//29-01/02
3.0 MINIMUM SPECIFICATIONS
The City of Miami Beach is seeking bids for the Supply and Installation of the Window Tinting for the
Miami Beach Convention Center and the Jackie Gleason Theater of Performing Arts, (TOPA) in
accordance with these bid specifications.
SPECIFICATIONS:
· Installation of 8 mil Llumar safety and solar window film or equivalent.
Film is to be clear on doors and tinted on windows.
· Contractor will be responsible for removal of any existing glass film throughout properties.
· Contractor is responsible for any scaffolding, ladders or any necessary equipment to reach glass
· Contractor is responsible for any damages to the properties occurring during installation of film
· The successful bidder will be required to wananty ali work performed for a minimum of one (1)
year, and All Window Film for a minimum of ten (10) years. Warranty shall be described in detail
on the attached Bid Form (See Section 3.0, and Bid Proposal Page 1 of 2, Page 24).
EXPOSURE:
East Side Panels
ESTIMATED TOTAL SQUARE FOOTAGE TO BE INSTALLED:
Miami Beach Convention Cente~. 21,856
Jackie Gleason 144
Estimated Total 22,000 SQ/FT
TYPE OF FILM - EXTERIOR PANELS}
· MFG. LLUMAR Magnum N1035-SR-PS8 (or equal).
TYPE OF FILM (DOORS) -.LLUMAR Magnum Clear PS8 (8 Mils), (or equal).
BID NO: No. 29-01/02 CITY OF MIAMI BEACH
DATE: 07~22~02 22
Attachment A
(AMENDED)
SUPPLY AND INSTALLATION OF WINDOW TINTING FOR THE MIAMI BEACH
CONVENTION CENTER AND THE JACKIE GLEASON THEATER OF
PERFORMING ARTS (TOPA)
INVITATION TO BID//29-01/02
BID PROPOSAL PAGE 1 OF 2
We propose to furnish all labor, mach/nery, tools, means of transportation, supplies, equipment,
mater/als, services necessary for the Supply and Installation of Window Tinting for ~he Miata/Beach
Convention Center and the Sackie Gleason Theater of Perform/ng Arts (TOPA), in accordance with
these specifications.
ITEM DESCRIPTION
#l Miami Beach Convention Center:
Est. CitY.
21,606 s/f
UNIT PRICE TOTAL
/12 Jackie Gleason 144 s/f $ ~. ~O $ c.~ck..Ce'
Mfg. Material Film Warranty: I ]-- Years. (See Section 2.17)
(Attach a Copy of the complete Warranty to tiais Bid Focm).
Labor Warranty: [ -]-- Years. (See Section 2.17)
(Attach a Copy of the complete Warranty to this Bid Form).
Note: (Unit Prices for Item #1 and #2 shall be fixed/firm until December 31, 2002).
Should the City require additional Window Tinting, after December 31, 2002, We propose to
furnish all labor, machinery, tools, means of transportation, supplies, equipment, materials,
services necessary for this additional work at the following rate:
s 3. B0 s/r
Ill) NO: No. 29-01/02
DATE: 1~/21/02
(AI~ND~D)
CITY OF MIAMI BEACH
23
SUPPLY AND INSTALLATION OF WINDOW TINTING FOR THE MIAMI
BEACH CONVENTION CENTER AND THE JACIOg. GLEASON THEATER
OF PERFORMING ARTS (TOPA)
INVITATION TO BID #29-01/02
Proposal Page 2 of 2
PAYMENT TERMS: NET 30. If other, specify here
ANY LETTERS, ATTACHMENTS, OR ADDITIONAL INFORMATION
CONSIDERED PART OF THE BID MUST BE SUBMITTED IN DUPLICATE.
SUBM]'i'TED BY:
COMPANY NAME:
SIGNED:
(I certify ihat I am aul ~ to execute this proposal and
commit the bidding firm)
TO BE
N~ (Prtn0:
ADDRESS:
cfrY/STATE:
TEI,~PHONE NO:
FACSIMILE NO:
Bidden must acknowledge receipt of addendum (if applicable).
Add~ndumNo. 1: (]uc~.'Z~.,~.~Z Addendum No. 2: {lz~c~.' ~'~.-~O.'Z
Inset Date -Ins~ Da~c
~', c~ ~:L-- z~P: ~,'~'7 ~-
BID NO: No. 29=01/02 ~Ia f OF MIAMI BEACH
DATE: 0?/22/02 24
SUPPLY AND INSTALLATION OF WINDOW TINTING FOR THE MIAMI
BEACH CONVENTION CENTER AND THE JACKIE GLEASON THEATER
OF PERFORMING ARTS (TOPA)
BID 029-01/02
BID CHECK LIST
To ensure that your bid is submitted in conformance with the Contract Documents, please verify that the
following items have been completed and submitted as required.
X Original and one copy of bid (including all submittal information)
General Conditions Section 1.1
Special Conditions Section 2.25
Execution of Bid
X
General Conditions Section 1.2
X Equivalents/Equal Product
General Condition Section 1.10
Special Conditions Section 2.27
Insurance and Indemnification (including Insurance Checklist)
X General Condition Section 1.66
Bid/Performance Bond
General Condition Section 1.34
X Warranty
Special Conditions Section 2.17
X Product/Catalog Information
Special Conditiom Section 2.18
References
X Special Conditions Section 2.19 / Pages 26 & 27
X Bidder Qualifications
Special Conditions Section 2.22
Exceptions to Specifications
X Special Conditions Section 2.24
Contractor's Questionnaire
X
(Pages 28 & 29 )
BID NO: No. 29-01/02 CIIY OF MIAMI BEACH
DATE: 07~22/02 25
SUPPLY AND INSTALLATION OF WINDOW TINTING FOR THE MIAMI
BEACH CONVENTION CENTER AND THE JACKIE GLEASON THEATER
OF PERFORMING ARTS (TOPA)
BID #29-01/02
CUSTOMER REFERENCE LISTING
Biddeffs shall furnish lhe names, ad&e~es, m~d l~.lephone numbers of a minimum of eight (8) firms or
government org~iT~om for which lhe ConWa~or is currently furnishing or has furnished, sin~lar services.
(See Minimum Requirements, Pg. 2).
1) Company Name
Address
Contact P~on/Contr~t
Telephone Number
2) Company Name
Conta~ Person/Conlract Amount
3)
4)
Telephone Number
Company Name
Address
Telephone Number
Company Name
Address
Contact Person/Comract
Telephone Number
Contact Person/Contract Amount
BID NO: No. 29-01102 ~I'IY OF MIAMI IW..ACH
DATE: 07/22/02 26
5)
6)
7)
S)
Compm~7 Narm
Address
Contact PersordConu'act Amount
Telephone Nmnber
Company Name
Address \ ~ ~ ~,
Cont~'t Person/Conmsct Amount
Telephone Number
Contact PersordConlrac~ Amount ~'~L~ / ~'~--&%--~
Company Name
Address
Contac~ Person/Contract Amount
Telephone Number '~ ~'~
BID NO: No. 29-01102 t:H¥ OF MIAMI BF_ACH
DATE: 07/22/02 27
COMMERCIAL REFERENCES
FOR
CONFIANZA WINDOW TINTING, INC.
Mr. Jim Durante
University of Miami
1535 Levante Avenue
Coral Gables, Florida
305-284-4214
Mr. Chris Pappas
The Cominental Group
2950 N. 28th Terrace
Hollywood, Florida
954-378-1082
Ms. Bonnie Hargett
GSA - Courthouse Center
175 NW 1g Street
Miami, Florida
305-349-5500
Bobby Hendrix
Terramark
50 NE 9~h Street
Miami, Florida 33132
305-377-3307
Mr. Carlos Jeunke
Hunton & Williams
1111 Brickell Ave., #2500
Miami, Florida 33131
305-810-2517
Rosemary Helenbrook
Hogan & Hartson
1111 Brickell Ave., #1900
Miami, Florida 33131
305-459-6528
Aaron Manes
Aaron's Window Treatments
10364 Bermuda Drive
Davie, Florida
305-754-9246
Marlene Diaz
Taylor Mathis
95 Merrick Way
Coral Gables, FL 33134
305-447-9191
CONTRACTOR'S QUESTIONNAIRE
NOTE: Information supplied in response to this questionnaire is subject to verificafiom
Inaccurate or incomplete answers may be grounds for disqualification from award
of this bid.
Submitted to T~ Mayor and Ci~ Commission of~he City of Miami B__~c__h, Flofid~
How many years has your organJ?siion beefl ill business a~ a Ga~,c,-al .... a,.Aoi under your present
business name? t ~-
Does your organJ~mion have currant occupational licenses entitling it to do the work camtemplated in this
ContracV
State of Florida occupational license - state type and number:
Dade Cotmty cerlificate of competency - state type and number:
City of Miami Beach occupational license - state type and number:
Include copies of above licenses and certificates with proposal.
How many years experience in similar work has your organization had?
(A) A~'~~m'~a~or 1 ~-
(B) As a Sub-Contractor
(C) What conuacts has your orgmiTmion completed?
Contract Amt Class of Work When Completed Name/Address of Owner ,
Have you ever had a contract terminated (as prime coniractor or sub-contractor, ruder existing company
name or another company name) due to failure to comply with con~cmal
specifications?
ffso, where and why?
Has any officer or partner of your organization ever failed to complete a construction contract haxlled in his
own name?
so, state name of individual, name of owner, and reason thereof
BID NO:. No. 29-~1/02 CrI'Y OF MIAMI RRACM
DATE: 07/22/02 28
In what o~h~r lines of business are you financially interested or engaged?
Give references as to experience, ability, and financial ~i~ding
What equipment do you own that is availabl~ for ~h~ proposed work and where located?
What Bank or Banks hav~ you arrang~ to do busings wflh during the ~ur~ of the Contract should it be
awarded to you?
Please list the names and addresses of~he subcontractors to be used for the portions of the work lis~
below.
REBY CE~ are true and correct.
(saM.)
(SEAL)
BID NO:. No. 29-01/02 CITY OF MIAMI I~ACH
DATE: 07/22/02 29
218~62-0
CONFZANZA N[NDO~ TZNT[NG
1470 NH 107 AVE
33172 UNIN D,DF COUNTY
FI~ST..CJ.A~
U.S. PO~T&QE
PAID
M~MI, Ft.
PERMIT NO. 231
RENEHAL
ucr~o. Z29747-!
TESTIMONIALS & REFERRALS
UNIVERSITY OF MIAMI: "Although you have successfully completed many jobs (large and small), for the
University of Miami, the most recent pmjeet fulfilled by your company has been a great accomplishment. You
were able to achieve a remarkable feat in which you were given the responsibility to not only remove and install the
specified window tint for over 60,000 square feel of window space, but were also given a short and concrete time
frame to do so. and your learn did it!" James Durante, Project Manager, Facilities Administrator.
FONTAINEBLEAU HILTON: "We were ve~ worried not to change the aesthetics oftbe hotel and Mr. Fernandez
was able to accommodate with a product that rejects 56% of the beat and what's best. we can hardly tell it's
there." Bot~y Hendricks, Managing Director, Property Operation.
THE LUCKY GROUP, INC.: "We are veq, happy with the services rendered by Cortfianza Window timing, Inc.
Not only has our building become up to par with an3' modern building aesthetically, but we are also saving twenty
five hundred dollars a month in electricity." Anthony Carfagno, Asset Manager.
CAPITAL BANK: "I would like to take this opportunity to thank you for all of the work you have done for us
during the last 6 years. On more than one occasion, your safety film has prevented valuable property from being
stolen from our facilities. During hurricane andrew all of the windows treated, survived without ax~' failures."
David DiBella, Assistant Vice President, Property Management.
CAPITAL BANK: "The film held the broken window in place so thal glass was nol shattered all over the floor.
We were able to conduct business on that Friday without interruption or a big mess to cleanup." Aurora B.
Bacallao. Branch Manager, Hialeah Branch.
EQUIFLOR CORPORATION: "Recently we had our front lobby window shattered on two separate occasions
because of rocks being thrown. I wanted to thank you. The entire window shattered, however the glass stayed in
place because of your window tinting material." Janice L. Giaco~77i, Office Manager.
BRISTOL TOWER: "The managen'~ent office has the duty of protecting thc common area in case of a hurricane,
without changing the aesthetics of the building .... After reviewing several companies and gathering various
opinions, tim Board of Directors chose Confiunza Window Tinting, inc. To install their safety film in all the
conunon areas of the building .... In our opinion, Confianza Windew Tinting, Inc. Surpassed its competitors in
professionalism and knowledge of the indust .ry." B. Varo~n, Vila, Manager.
YOUNG-ONE AMERICA, INC.: "After being burglarized last year and having our computer and office machines
stolen despite having an alarm system in place, we ~ondered what other type of protection we could install to
prevent this from happening again .... On April 7th of this year the installation of the "safety film" paid off.
Burglars once again came out to our facility and Wed Io break the glass on one of the windows in our office area.
The window, thanks to the "safety film", stayed in place not allowing them to break in, saving our compan,v
thousands of dollars.' Carmen Capote, Administrative Manager.
SEVILLE BEACH HOTEL: "Confia~zza Window Tinting, Inc. Has been doing work for the Seville Beach Hotel
since 1990. They. provide reliability and good quality work." Carlos Cussineraa, Resident Manager.
WTVJ-Channel 4: "Let it be known thai Confianza Window Tinting.just completed a window tinting job for
WTVJ-Chanael 4 and we were pleased with the outcome of their work. The work was done professionally and
promptly." Jorge Camha, Facilities Supervisor.
ACER LATIN AMERICA, INC.: "It has been a pleasure doing business with your company and working with your
staff. They are a group of professionals." Henriqne Rodriguez, Project Management.
MONTES ENTERPRISES, INC. (lVleDmald's): "...v~ here at McDonald's highly recommend Coufianza Window
Tinting, Inc. And Rafnel Femand~ as a Omnl0any with int~iW, reliability and pro _f~s__lonalism." Jose A. Montes,
President.
FLORIDA POWER & LIGHT: "I want to thank you in particader fur the motivational ~.-:-:~es Ilmt you delivered
I believe that your presentations left quite an impression on the representatives allowing them to improve their
sales perfecmano~ You wer~ able to rsach employees at all different levels stirring up interest and delight. 1
believe you maly have the gii~ of oommtmieating with other~" Rosa I-L Pdeto, Manager.
FILM TECHNOLOGIES INTERNATIONAL, INC.: "Although it is generally not our policy to o~T~ these
pleasu~ to advise y~. that Rafanl Fernandez, President of Confianza Window Tinting located in Miami, Fle~ida, is
oue of throe dealer/installers that has this Company's c~mple~ endorsemmt."
ONYX INSURANCE GROUPS: "Ym~r introduction to the safety film prodm:t and yonr expertise has made us
believe that rite film when properly installed will help minimiz~ our losses.... Efl~cfi~ immediacy we will
provide a 5% diseoont offthe premium of the Business Personal ProlmTy coverage of the policy if yon install 12
mil gage film, glass shaaer resistant, to all windows and g~,a doors." Saul ~ CO0.
PASEO$: =Being a nstail establislanont we wanl~d to achieve temperature oon~rol while maintaining high visibility
andansahnctiveappusranoe. TbeSungerdfilmy~u __r,~c~mmanded met and sur~ all our e~ons- We
have achieved a oooler environment and reduced sun damage ptc~t~ion without sacrificing visibility into the
Mail." Delissa Jimenez, Assistant Manager.
SPILLIS CANDELA & PARTNERS, INC.: "The s~ninar which you presented on August 22nd was very well
_r,~_ __'ved, and in fact, the BEST one that we have had to date." Jennie A. Kyryluk, Admini~hative Assistant.
~ LIOHTHOUSE FOR THE BLIND: "Earlier this year in August you foll6wed thro~ with n most
generous offer to provide window tinting for one ofonr passenger vaus...On bchalf of eft the blind persons who
will benefit from your conm'butlen ! thank you. It is people like you who help to m~ke this world a berm' pl_,~e_ _ to
liv~' Vernon
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FIRST-CLASS
U,S. POSTAGE
PAID
MIAMI, FL
PERMIT NO. 231
218~62-0
CGNFIANZA WINDOW TINTING
1470 NH 107 AVE
3317Z UNIN DADF COUNTY
RENEHAL
u~s~. 229747-1
DIVISION 3. LOBBYISTS
Sec. 2-481. Definitions.
The following words, terms and phrases, when used in this division, shall have the weanings ascribed to
them in this section, except where the context clearly indicates a different meaning:
Advisory personnel means the members of those city boards and agencies whose sole or primary
responsibility is to recommend legislation or give advice to the City commissioners.
Autonomous personnel includes but is not limited to the members of the housing authority, personnel board,
pension boards, and such other autonomous or semi-autonomous authorities, boards and agencies as are
entrusted with the day-to-day policy setting, operation and management of certain defined functions or areas
of responsibility.
Commissioners means the mayor and members of the City commission.
Departmental personnel means the City manager, all assistant City managers, all depamnent heads, the City
attorney, chief deputy City attomey and all assistant City attomeys; however, all depmh~lental personnel
when acting in connection with admires' tmtive 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 boant or committee; or any action,
decision or recommendation of any personnel defined in any manner in this section, during the time period of
the entire decision-malting process on such action, decision or recommendation that foreseeably will he
heard or reviewed by the City commission, or a City board or committee. The term specifically includes the
principal as well as any agent, attorney, officer or employee of a principal, regardless of whether such
lobbying activities fall within the normal scope of employment of such agent, attorney, officer or employee.
Quasi-judicial personnel means the members of the planning board, the board of adjustment and such other
boards and agencies of the City that perform such quasi-judicial functions. The nuisance abatement board,
special master heatings and administrative hearings shall not he included for purposes of this division.
(Ord. No. 92-2777, o. 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 oattz
(1) His name;
BID NO: No. 29-01/02 CITY OF MIAMI BEACH
DATE: 07122/02 30
(b)
(c)
(d)
(e)
(2) His business address;
(3) The name and business address of each person or entity which has employed the registrant
to lobby;
(4) The commissioner or personnel sought to be lobbied; and
(5) The specific issue on which he has been employed to lobby.
Any change to any information originally filed, or any ackh'tional City commissioner or personnel
who are also sought to be lobbied shall require that the lobbyist file an amendment to the
registration forms, although no additional fee shall be required for such amendment. The lobbyist
has a continuing duty to supply information and amend the forms filed throughout the period for
which the lobbying occurs.
If the lobbyist represents a corporation, partnership or mast, the chief officer, partrer or beneficiary
shaLl also be identified. Without limiting the foregoing, the lobbyist shall also identify all pe~ons
holding, directly or indirectly, a five percent or more ownership interest in such corporation,
parmership, or mt.
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 heating
nmber. The City clerk shall reject any registration statement not providing a description of the
specific issue on which such lobbyist has been employed to lobby.
Each person who withdraws as a lobbyist for a partio~lar client shall file an appropriate notice of
In addition to the regisUation fee required in subsection (a) of this section, registration of all
lobbyists shall be required prior to October 1 of every even-numbered year; and the fee for I:/mrial
registration shall be as specified in appendix A.
In addition to the matters addressed above, every registrant shall be required to state the extent of
any business, financial, familial or professional relationship, or other relationship giving rise to an
appearance of an impropriety, with any current City commissioner or personnel who is sought to be
lobbied as identified on the lobbyist regismtion form filed.
The registration fees required by subsections (a) and (f) of this section shall be deposited by the
clerk into a separate account and shall be expended only to cover the costs incurred in
administering the provisions of this division. Theae 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 organiTation, a
neighborhood or homeowner association, a local chamber of commerce or a trade association or
trade union), without special compensation or reimbursement for the appearance, whether direct,
indirect or contingent, to express support of or opposition to any item, shall not be required to
register with the clerk as required by this section. Copies of registration forms shall be furnished to
each commissioner or other personnel named on the forms.
(Ord. No. 92-2777, · 3, 3-4-92; Ord. No. 92-2785, ° 3, 6-17-92)
BID NO: No. 29-01/02 121'1'1' OF MIAMI BEACH
DATE: 07/22/02 31
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 appea~ in his official capacity shal! not be required to register as a lobbyist.
(b) Any person who only appears in his individual capacity at a public hearing before the city
commission, planning board, board of adjustment, or other board or committee and has no other
communication with the pe~onnel defined in section 2-481, for the purpose of self-representation
without compensation or reimbursement, whether direct, indirect or contingent, to express support
of or opposition to any item, shall not be required to register as a lobbyist, including but not limited
to those who are members of homeowner or neighborhood associations. All speakers shall;
however, sign up on forms available at the public hearing. Additio,ally, 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
admirdstmtive 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 p~/stration requirements addressed above, all city depa~hnents, including the offices of the
mayor and city commission, the offices of the city manager, and the offices of the city attorney, shall maintain
signed sign-in logs for all noncity employees or personnel for registration when they meet with any personnel
as defined in section 2-481.
(Ord. No. 92-2785, · 6, 6-17-92)
Sec. 2-485. List of expenditures.
(a) On October 1 of each year, lobbyists shall submit to the city clerk a signed statement under oath
listing all lobbying expenditures in the city for the preceding calendar year. A statement shall be filed
even if there have been no expenditures during the reporting period.
(b) The city clerk shall publish logs on a quarterly and annual basis reflecting the lobbyist registrations
filed. All logs required by this section shall be prepared in a manner substantially similar to the logs
prepared for the state legislature pursuant to F.S. · 11.0045.
(c) All members of the city commission and all city personnel shall be diligent to m whether
persons required to register pursuant to this section have complied with the rcquh~mcnts of this
division. Commissioners or city personnel may not knowingly permit themselves to be lobbied by a
person who is not registered pursuant to this section to lobby the commissioner or the relevant
committee, board or city personnel.
(d) The city attorney shall investigate any persons engaged in lobbying activities who are reported to be
in violation of this division. The city attorney shall report the results of the investigation to the city
commission. Any alleged violator shall also receive the results of any investigation and shall have the
opportunity to rebut the findings, if necessary, and submit any written material in defense to thc city
commission. The city commission may reprimand, censure, suspend or prohibit such pe~on 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)
BID NO: No. 29-01/02 CITY OF MIAMI BEACH
DATE: 07/22/02 32
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 comultant and
the city's administrative staff including, but not limited to, the city manager and his or her stal~ (b) any
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 staft~ (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 staff's 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 stalE.
(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 terminate (i) 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 fiather if the city commission refers the
managers 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; Co) 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, RFLI, 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
BID NO: No. 29-01/02 CITY OF MIAMI BEACH
DATE: 07/22/02 33
meetings between the city manager and the mayor and individual city commissioners where such matters are
scheduled for comidemtion at the next commission meeting. The bidder, proposer, vendor, serdce
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.
Co) Audit contracts.
(1) "Cone of silence" is hereby defined to mean a prohibition on: (a) any commtmications 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 ci~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 stuffs 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 ennsultant 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 evah,_atlon 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 Co)O) and (b)(4) hereof, a cone of silence shall be imposed upon
each RFP, RFQ, RFLI, or bid for audit services at~er 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, 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 managers recommend_afion 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
comultant (a) fi.om making public presentations at duly noticed pre- bid conferences or before duly noticed
ev~mtion committee meetings; (b) from engaging in contract discussions during any duly noticed public
meeting; (c) from engagin~ 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 purposes 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, RFLI, 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.
BID NO: No. 29-01/02 CITY OF MIAMI BEACH
DATE: 07/22102 34
(4) Nothing contained herein shall prohibit any lobbyist, bidder, proposer, vendor, service provider,
consultant, or other person or entity tixan 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) Violations/penalties 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 "Debarment 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 ernployec
shall subject said employee to disciplinmy action up to and including dismissal. Additionally, any person who
has personal knowledge of a violation of this division shall 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)
BID NO: No. 29-01/02 C1'1¥ OF MIAMI BEACH
DATE: 07/22/02 35
RESOLUTION NO. 2000-23879
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH REQUIRING THAT CONTRACTORS ADOPT
A CODE OF BUSINESS ETHICS PRIOR TO ENTERING INTO A
CONTRACT WITH THE CITY OF MIAMI BEACH
WHEREAS, the Greater Miami Chamber of Commerce ("GMCC") adopted a
Model Code of Business Ethics (the "Model Code"); and
WHEREAS, thc City of Miami Beach is a member of the GMCC; and
WHEREAS, the Model Code, attached hereto as Exhibit A, is a statement of
principles to help Et/gale decisions and actions based on respect for the importance of
ethical business standards in the conununity; and
WHEREAS, the GMCC encourages its members to adopt the principles and
practices outlined in the Model Code; and
WHEREAS, the Commission believes that each entity which does business with
the City of Miami Beach should be required, as a condition of doing business with the
County to adopt a Code of Business Ethics.
NOW, THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA:
Section 1. Each person or entity that seeks to do business with the City shall
adopt a Code of Business Ethics ("Code") and submit that Code to thc City Manager or
his or her designee prior to execution of any contract between the contractor and thc City.
Thc Code of Business shall, at a minimum, require the contractor to comply with all
applicable governmental rules and regulations including, among others, the conflict of
interest, lobbying and ethics provisions of thc City Code.
Section 2. The Commission urges the Greater Miami Chamber of Commerce
to require that all of its members adopt the Model Code of Business Ethics.
Section 3.
adoption.
This resolution shall become effective immediately upon its
BID NO: No. 29-01/02 CII'Y OF MIAMI BEACH
DATE: 07/22102 36
PASSED and ADOPTED this ~2th
ATTEST:
CITY CLERK
day of April 2000
·' MAYOR
APPRC~'O A8 TO
BID NO: No. 2901102 CITY OF MIAMI BEACH
DATE: 07~22~02 37
GREATER MIAMI CHAMBER OF COMMERCE
MODEL CODE OF BUSINESS ETHICS
STATEMENT OF PURPOSE
The Greater Miami Chamber of CommerCe ('CMCC') seeks to create and sustain an ethical business
cllmale fo; its membe~ and Ihe communffy by adel~i,g a Code of Business Ethics. The GMCC
encourages ils ~m~m 1o ~ncmpotate ~e pri~ipla; a~d pr~tices ouU~ned here i~ th~ indi~dual
c~es of ~h~s wh~h ~il guide the~ telalioPsh~ wilh cu~om~, c]ien~ and suppliem. ~is M~eJ
C~e gan a~ shoul~ be pt~inently displayed at all business IocaUons arid
marketing m~erials. The GMCC bMieves ~at its mambos shou~ use this Code as a m~et ;or the
develo~ent of theil organizations' business ~es of ethics.
o~ ~ic t ~ ~ ~e ~e~ ~n s~ hilly of eve~ ~ s~ ne ss on~ pr~le ss, o~al o rg~ ~z
Complia~e with Govemm~t
· We w~ pmpedy maintain aR l~O[d~ a~ post all I~cer~e~ and
In dealing ~t~ government a~e~s and e~ployees, we will conduct
a~otdance wilh all applica~e ru~es and reg~afio~ an~ in the open;
We ~11 /epo~ con,act ifr~ulaf~ties a~ ~hot improper or u~a~ut business
practices [o ~e Ethos Co~miss~. the O~ce of tnsp~toe General
appropH~e law e~fotcement author~Be5
We ~11 ~oid confli~s o~ inter,at a~d di~l~e su~ conRicts when ~e~tifi~d;
we ~lJ ~ol ki~ back any posen ~ a co~;act pay~nt to employees of the olhe~
c~tracti~ pa~y or ac~;t such a k<kback
Bus,ess Accounting
Afl our ~nancial c~3nsactions will ~ property ;~d fGiHy recorded
~oks of ~co,nt. and there ~11 be no "off 1he baoks" tr~nsacl*ons or sec;el
~counls.
Promotion and Salea of ~29d~cts and
Our proEuc[s wil~ comply ~th all &ppliuab~e ~afety and quality
We will ~r~ote and edgewise our bus,ness a~d ,ts ~oduG~s
.Oomq Bu$ines~ ~th. the
BID NO: No. 29-01t02 (.:ITY OF MLAMI BEACH
DATE: 07/22/02 38
· We v~ co~lucl business with goYemrnont agencies and .m~oyees in ~ m~ner
~h ~vo~s even ~he a~ar~ce o~ im~o~ety. Effo~s ~o cur~
[av~itism are una~e~ble;
Ou~ bids will ~ competilive, appropriate to th~ ~l~ docu~ni5 a~ arrived
~y cheil.ages to c=~s ~ar~ ~ll have m su~lanliv, ba~s ~ n~ b~
· We ~11. lo the best o~ o~ a~, peyote government contr~ts ~rd~d
;~e and under Ihe te~s provided for tn the contra~. We ~{ ~ subm~ ~at~
invokes ~or good= provided ~ saw. cee performed under such ~r~=, and
claims mil be m~ on~ for ~rk a~(ually pe~o~. We ~1 =~e by
~o~ra~[ng =~ subc~trac~ng
We will n~. dlrecl~ er i~ire~ly, offer to give a ~tbe ~ o;he~se
k~kb~c~ fr~ ~ntracts awarded, to government ~clals, ~r family
or business ass~iates
We will ~t seek or exp~ prefe~e~ia[ treatment ~ b~ds based on ou~
padicipati~ in ~li~cal campaigns.
~ublid Life a~!itica!
We enc~rage all emp~oyee~ IQ pa~impate in c~munity life, publ~ 5e~ice
t~ polRica! p~ocess;
We e~ourage all em~loyeos to re.it, 5uppo~ ~nd el~t et~icaJ ~ Qua~ed
comm[]~ity isst~es:
· ~r contributions [o p~it~al ~a~e~, cornm~ees or ind~iduals will o~ly be ~de
in accerda~ w,th ~p~c~le ~aw a~d will c~mp~ ~th all r~ulreme~s for public
discl0sare. All contrfbu~ions made o~ behalf et the ~sine~ must be reposed
se~er c~Pa~7 management',
~e w~, not contribute to the campaign~ o~ person~ ~o are convicted fel~s
~ese who do no[ ~gn the Fair Campaign P~acticas Ordinate.
We w~ll n~t kn~ngiy disseminale raise campaig~ [nfotma~io~ or suppo~ those
who do.
Compa'~y Name
Corporate Office~
Date
BID NO: No. 29-01/02 CITY OF IVHANH BEACH
DATE: 07/22/02 39
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 "Adminis~tion", Article VI, entitled
"Procurement", is hereby amended by adding the following Division 5, entitled- "Debarment of Contractors
from City Work" reading as follows:
Division 5. Debarment of conuactors from City work.
Section 2-397. Purpose of debarment.
(a)
The City shall solicit offers from, award contracts to, and consent to subcontractors with
responsible contractors only: To effectuate this police, the debarment of contractors tiom City work
may be undertaken.
Co)
The serious nature of debarment requires that this sanction be imposed only when it is in the public
interest for the City's protection, and not for purposes of punishment. Debarment shall be imposed
in accordance with the procedures contained in this ordinance.
Section 2-398. Definitions.
(a)
Affiliates. Business concerns, organizations, lobbyists or other indivichmtq 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 conlrol both. Indicia of control include, but are not limited to. a
fiduciary relation which results fxom 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 ownezship; identity of interests among family members; shared facilities
and equipment; common use of employees; or a business entity o ~rganized by a debarred entity,
individiml~ or affiliate following debarment of a contractor that has the same or similar management,
ownership, or principal employees as the contractor that was debarred or suspended.
BID NO: No. 29-01/02 121'IY OF MIAMI BEACH
DATE: 0'//22/02 40
(c)
(d)
(e)
Civil judgment means a judgment or finding of a civil offense by any court ofcorrq~etent jurisdiction.
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 de~3n~
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.
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.
Debarment means action taken by the Debarment Committee to exclude a contractor (and. in
limited instances specified in this ordinance, a Bidder or Proposer fi~m City contracting and City
approved subcontracting for a reasonable, specified period as provided in subsection (j) below: a
contractor so excluded is debarred.
(0
(I)
O)
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,
Preponderance Greater weight of the evidence means proof by information that, compared with
that opposing it, leads to the conclusion that the fact at issue is more probably tree than not.
Indictment means indictment for a criminal offense. An information or other filing by competent
authority charging a criminal offense slall be given the same effect as an indictment.
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.
List of debarred contractors means a list compiled, maintained and distributed by the City,s
Procurement Office. containing the names of contractors debarred under the procedures of this
ordinance.
Section 2-399. List of debarred contractors.
(a)
The City's Procurement Office. is the agency charged with the implementation of this ordinance
shall:
(1)
Compile and roaintain a current, consolidated list (List) of all contractors debarred by City
depmhaents, Such List shall be public record and shall be available for public inspection
BID NO: No. 29-01/02 t211'Y OF MIAMI BEACH
DATE: 06/11/02 41
(2) Periodically revise and distribute the List and issue supplements, if neeesgry, to all
depa~nents, to the Office of the City Manager and to the Mayor and City Commissioners:
and
(3) Included in the List ~all be the name and telephone number of the City official respomible
for its maintenance and distribution.
(b) The List shall indicate:
(1) The names and addresses of all contractors debarre& in alphabetical order,
(2) The name of the depmtment that recommends initiation of the debarment action;
(3) The cause for the debarment action, as is further described herein, or other statutory or
regnflatoty authority;
(4) The effect of the debarment action;
(5) The termination date for each listing;
(6) The contractors 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 intemal 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 depmhftents do not solicit offers from, award contracts
to, or consent to suhoontraets with contractors on the List; and
(3) Respond to inquiries concerning listed, contractors and ex)ordinate such responses with the
depmtment that recommended the action,
Section 2-400. Effect of debarment.
(a) Debaned contractors are excluded from receiving contracts, and departments shall not solicit offers
from award contracts to, or consent to subcontracts with these contractors unless the City Manager
determines that an emergency exists jusfifyin4g such action, and obtains approval f~om tie Mayor
and City Commission, which approval shall be given by 5/7ths vote of the City Commission at a
regularly scheduled City Commission meeting. Debarred contractors are also excluded fiom
conducting business with the City as agents, representatives, subcontractors or partners of other
contractors.
(b) Debarred contractors are excluded from acting as individual sureties.
BID NO: No. 29-01/02 CITY OF MIAM1 BEACH
DATE: 06/11/02 42
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 2-405(h) below, except that if a City depmhnent has contracts or
subcontracts in existence at the time the contractor was debarred, the debarment period may
commence upon the conclusion of the contract, subject to approval of same be 5/7ths vote of the
Mayor and City Commission at a regularly scheduled meeting.
(c)
City depaaments may not renew or otherwise extend the duration of current contract or consent to
subcontracts with debarred contractors, unless the City Manager determines that an emergency
exists justifying the renewal or extension or for an approved extension due to delay or time
extension for reasons beyond the contractors control and such action is approved by 5/Tths vote of
the Mayor and City Commission at a regularly scheduled meeting.
(d)
No further work shall be awarded to a debarred contractor in connection with a continuing contract
where the work is divided into separate discrete groups and the City's refusal or denial of further
work under the contract will not result in a breach of such contract.
Section 2-402. Restrictions on subcontracting.
(a)
Co)
When a debarred contractor is proposed as a subcontractor for any subcontract subject to City
approval, the depm~nent shall not consent to subcontracts with such contractors unless the City
Manager determines that an emergency exists justifying such consent and the Mayor and City
Commission approves such decision by 5/Tths vote at a regularly scheduled meeting.
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 deban'ed 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 muses
listed in this ordinance using the procedures outlined below. The existence ora muse for debarment
however, does not necessarily require that the contractor be debarred; the seriousness of the
contractors acts or omissiom and any mitigating fac'mrs should be considered in making any
debarment decision.
BID NO: No. 29-01102 CIIY OF MIAMI BEACH
DATE: 06/11102 43
(b)
Debarment constitutes debarment of all officers, directors, shareholders owning or controlling
twenty-five (25) percent of the stock, partners, divisions or other orgagi?ational elements of the
debarred contractor, unless the debaned decision is limited by its terms to specific divisions,
organizational elements or commodities. The Debarment Commim~e's decision includes any existing
affiliates of the contractor if they are (I) specifically named and (ii) given written notice of the
proposed debarment and an oppommity to respond. Future affiliates of the contractor are subject
to the Debarment Committee's decision.
(c) A contractors debarment shall be effective throughout City Government.
Section 2-404. Causes for debarment.
(a) The Debarment Committee shall debar a contractor for a conviction or civil judgment,
(1)
(2)
(3)
(4)
For commission of a fraud or a criminal offense in connection with obtaining ~_._empting to
obtain, performing, or maldng a claim upon a public contract or subcontract or a contract
or subcontract fimded in whole or in part with public funds;
For violation of federal or State antitrust statutes relating to the submission of offers;
For commission of embezzlement, theft, forgery, bribery, falsification or destruction of
records, making false statements, or receiving stolen property;
Which makes the City the prevailing party in a legal proceeding and a corm de~,dnes that
the lawsuit between the contractor and the City was fi/volous or filed in bad fa/fir
(b)
The Committee may debar a contractor, (and, limited instances set forth hereinbelow a Bidder or
Proposer) based upon a preponderance the greater weight of the evidence, for;
(1)
(2)
(3)
Violation of the terms of a City contract or subcontract or a contract or subcontract funded
in whole or in pm by City funds such as failure to perform in accordance with the terms of
one (1) or more contracts as certified by the City depa,Ut~ent administering the contract; or
the failure to perform or unsatisfactorily perform in accordance with the terms of one (1) or
more contracts, as certified by an independent registered architect engineer or general
contractor;
Violation of a City ordinance or administrative order which lists debarment as a potential
Any other cause which affects the responsibility of a City contractor or subcontractor in
performing City work.
Section 2-405. Debarment procedures.
(a)
Requests for the debarment of contractors may be initiated by a City Department or by a citizen-at
large and shall be made in writing to the Office of the City Manager. Upon receipt of a request for
debarment, ~he City Manager shall iransmit 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
BID NO: No. 29-01102 t;l'lY OF MIAMI BEACH
DATE: 06/11102 44
Co)
(c)
(d)
(e)
or persons who shall be charged by the City Commission with the duty of promptly investigating
and preparing a written report(s) concerning the proposed debarment, including the cause and
grounds for debarment as set forth in this ordinance.
Upon completion of the aforestated written report, the City Manager shall forward said report to
the Debarment Committee. The City's Procurement Office shall act as staff to the Debarment
Committee and, with the assistance of the City department person or persons which prepared the
report present evidence and argument to the Debarment Com.-,ittee
Notice of proposal to debar. Within ten worldng days of the Debarment Committee having
received the request for debarment and written report, the City's Procurement Office, on behalf of
the Debarment Committee shall issue a notice of proposed debarment advising the contractor and
any specifically named affiliates, by certified mail. remm receipt requested, or personal service
containing the following information:
(1) That debarment is being considered:
(2) The reasons and causes for the proposed dehannent in terms sufficient to put [he
contractor and any named affiliates on notice of the conduct or Iransaction(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
debarment, and of the potential effect of an actual debarment
No later than seven (7) working days, prior to the scheduled heating 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 fai!~ to submit the list, in writhag, 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 muse, may set aside the waiver to be heard at the
hearing, and its decision may only be reviewed upon an abuse of discretion standard.
Hearsay evidence shall be admis~'ble at the hearing but shall not form the sole basis for initiating a
dehannent procedure nor the sole basis of any determination of debarment. The heating shall be
transcribed, taped or otherwise recorded by use of a court reporter, at the election Committee and
at the expense of the City. Copies of the hearing tape or transcript shall be furnished at the expense
and request of the requesting party.
BID NO: No. 29-01/02 CITY OF MIAMI BEACH
DATE: 06/11/02 45
Debarment Committee's decision. In actions based upon a conviction or judgment, or in which
there is no genuine dispute over material facts, the Debarment Committee shall make a decision on
the basis of all the undisputed material information in the administrative record, including any
undisputed, material submissions made by the contractor. Where actions are based on disputed
evidence, the Debarment Committee shall decide what weight to attach to evidence of record,
judge the credibility of w/messes, and base its decision on the prepondenance greater weight of the
evidence sta~clard. The Debarment Committee shall be the sole trier of fact. The Committee's
decision shall be made within ten (10) working days after conclusion of the hearing, unless the
Debarment Committee extends this period for good cause.
The Committee's decision shall be in writing and shall include- the Committee's factual findings, the
principal causes of debarment as enumerated in this ordinance, identification of the contractor and
all named affiliate: affected by the decision, and the specific term, including duration, of the
debarment imposed.
(h) Notice of Debarment Committee's decision.
O)
(2)
If the Debarment Committee decides to impose debarment, the City Manager shall give
the contractor and any named affiliates involved written notice by certified mail, return
receipt requested, or hand delivery, within ten (10) working days of the decision,
specifying the reasons for debarment and including a copy of the Committee's written
decision; stating the period of debarment, including effective dates; and advising that the
debarment is effective throughout the City depaxhnents.
If debarment is not imposed, the City Manager shall notify the contractor and any named
affiliates involved ,by certified mail. return receipt requested, or personal service, within
ten (10) working days of the decision.
All decisions of the Debarment Committee shall be final and shall be effective on the date the
notice is signed by the City Manager. Decisions of the Debarment Committee are subject to
review by the Appellate Division of the Circuit Court. A debarred contractor may seek a stay of
the debarment decision in accordance w/th the Florida Rules of Appellate Procedure.
Section 2-406. Period of debarment.
The period of debarment imposed shall be within the sole discretion of the Debarment Committee.
Debarment shall be for a period commensurate w/th the seriousness of the came(s), and where
applicable, w/thin the guidelines set for& 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:
(0
(2)
For commission of an offense as described in subsection 2404(a)(1): five (5) yeats.
For commission of an offense as described in subsection 2404(a)(2): five (5) years.
BID NO: No. 29-01/02 Cl'rY OF MIAMI BEACH
DATE: 06/11/02 46
(c)
(3) For commission of an offense as described in subsection 2404(a)(3): five (5) years.
(4) For commission of an offense as described in subsection 2404(a)(54): two (2) to five (5)
years.
(5) For commission of an offense as described in subsections 2404(b)(1) or (2): two (2) to
five (5) years.
The Debarment Committee may, in its sole discretion, reduce the period of debarment, upon the
contractor's written request for reasons such as:
(d)
(1) Newly discovered material evidence;
(2) Reversal of the conviction or civil judgment upon which the dehannent was based;
(3) Bona fide change in ownership or management;
(4) Elimination of other muses for which the debarment was imposed; or
(5) Other reasons the Debarment Committee deems appropriate.
The debarment debarred contractor's written request shall contain the masons for requesting a
reduction in the debarment period, The Cit,fs Procurement Office, with the assistance of the
affected department shall have thirty (30) days fi.om receipt of such request to submit written
response thereto. The decision of the Debarment Committee regarding a request made under this
subsection is final and non-appealable.
SECTION 2. SEVERABILITY.
If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder shall not be
affected by such invalidity.
SECTION 3. CODIFICATION.
It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is hereby ordained
that the provisions of this ordinance shall become and be made a part of the Code of the City of Miami
Beach, Floridm 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 v~cealed.
.SECTION 5. EFFECTIVE DATE.
This Ordinance shall take effect on the 3rd day of March,2000.
PASSED and ADOPTED this 23rd day of February, 2000.
BID NO: No. 29..01/02 C1'1'¥ OF MIAMI BEACH
DATE: 06111/02 47
ORDINANCE NO. 2002-3363
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING MIAMI BEACH CITY
CODE CHAPTER 2, DIVISION 3, SECTION 2-485 THEREFORE
ENTITLED "LIST OF EXPENDITURES; FEE DISCLOSURE;
REPORTING REQUIREMENTS", BY REQUIRING DISCLOSURE OF
LOBBYIST' FEES; PROVIDING FOR REPEALER, SEVERABILITY,
CODIFICATION, AND EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA:
CITY
SECTION 1. That Miami Beach City Code Chapter 2 entitled "Administration", Division 3
entitled "Lobbyist", Section 2-485 thereof is hereby amended to read as follows:
Sec. 2-485. List of expenditures; fee disclosure; reporting requirements.
ao
On October 1 of each year, lobbyist subject to lobbyist registration
requirements shall submit to the city clerk a signed statement under
oath as provided herein listing all lobbying expenditures in the city for
the preceding calendar year. A statement shall be filed even if there
have been no expenditures during the raportJng period. The statement
shall list in detail each expenditure by category, including food and
beverage, entertainment, research, communication, media
advertising, publications, travel, lodging and special events.
b. Each lobbyist and his/her principal shall, before engaging in any lobbying
activities, submit to the City Clerk a joint signed statement under oath disclos n,q the terms
and amounts of compensation (to be) paid by each principal to the lobbyist with regard to the
specific issue on which ~e lobbyist has been entailed to
!cbbT. If no ~mpensation has or will ~ paid conceminfl the subject lobby se~ices, a
statement shall nonetheless be filed reflectinfl as such.
BID NO: No. 29-01/02 CITY OF MIAMI BEACH
DATE: 06/11/02 48
An chan e to information or gna y filed shall require that the lobbyist
principal under subsection (b) above) file, within threebus!n~e~s_~
changed circumstances, =n =m~dm~t siRn~ s~tem~t
~e a~ve-r'eferen~ m~; additionally, in ~e~ event official a~on'0~'~e
sPe~clobbied ~sue ~ s~uled to ~cur dudnR said
iobb~St and pdnciPai ~all, pdor to se!d officie! a~on, ~e~ die'los~ '~e
amendment by publicly s~finR on the re,rd at which ~e offidal a~ion is to o~r
~esubie~ amendmen[ The lobbyist (~ ~d principal) has have a ~nfinuing du~
to supply a~urate information and amend said repo~s when so needed.
(-b) (d) The city clerk shall notify any lobbyist {or principal) who fails to timely file an the
expenditure orfee disclosure reports referenced in sections (a) and (b) above. In addition to
any other penalties which may be imposed as provided is section 2 -485.1, a fine of $50.00
per day shall be assessed for reports filed after the due date.
(c) (e) The city clerk shall notify the Miami-Dade County Commission on Ethics and
Public Trust of the failure of a lobbyist (or principal) to file a either of the reports referenced
above and or pay the assessed fines after notification.
(d) (t') A lobbyist (or principal) may appeal a fine and may request a hearing before
the Miami-Dada Commission on Ethics a nd Public Trust. A request for a headng on the fine
must be filed with the Miami-Dada Commission on Ethics and Public Trust within 15 calendar
days of receipt of the notification of the failure to file the required disclosure form. The Miami-
Dada Commission on Ethics and Public Trust shall have the authority to waive the fine, in
whole or in part, based on good cause shown.
SECTION 2. REPEALER
All ordinances or parts of ordinances in conflict herewith be and the same are hereby
repealed.
BID NO: No. 29-01102 CITY OF IVHAMI BF.,ACH
DATE: 06/11/02 49
SECTION 3. SEVERABILITY
If section, sentence, clause or phrase of this ordinance is held to be invalid or
unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect
the validity of the remaining portions of this ordinance.
SECTION 4.
CODIFICATION
It is the intention of the Mayor and City Commission of the City of Miami Beach, and it
is hereby ordained that the provisions of this ordinance shall become and be made a part of
the Code of the City of Miami Beach, Florida. 'lhe sections of this ordinance may be
renumbered or relettered to accomplish such intention, and the word "ordinance" may be
changed to "section", "article", or other appropriate word.
SECTION 5.
EFFECTIVE DATE
This Ordinance shall take effect 18th day of May, 2002.
PASSED and ADOPTED on Second Reading this 8th day of May, 2002.
ATTEST:
ClT~ CLERK
(Requested by Commissioner Matti Bower and Co-sponsored by Commissioner Simon
Cruz, Jose Smith and Richard Steinberg)
~haded ianguage reflects changes between first and second reading.
JKO~kw
F:ATTO~OLIJ~RE$-ORD~2-485.ORD.DOC
BID NO: No. 29-01102 (.:[t't' OF MIAMI BEACH
DATE: 06/11/02 $0
Client#: 118298 CONFIWIN
"
ACORD, CERTIFICATE OF LIABILITY INSURANCE04/08/0- DATE'M "
PRODUCER
KornreichlNIA of Miami(MLCL)
14750 Palmetto Frontage Road
Suite 120
Miami Lakes, FL 33016
INSURED
Confianza Window Tinting, Inc.
t470 NW 107 Avenue Suite 0
Miami, FL 33172
THIS C,-HYiFICATE IS ISSUED AS A MA'I'rER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THiS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
INSURERS AFFORDING COVERAGE
~NSURER A: COLONY INS CO
INSURER B: Legion Insurance Co.
INSURER C:
iNSURER D;
INSURER E:
COVERAGES
THE POLICIESOFiNSURANCE LISTED BELOW HAVE BEEN ISSUED TO THEINSURED NAMED ABOVE FORTHEPOLICYPERIODINDICATED. NOTWITHSTANDING
LTR
A
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 SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
POLICY E~t-~;¥iVE POUCY EXPIRATION LIMITS
GENERAL UABIUTY
M ERCIAL GENERAL LIAB ILIT~
CLAIMS MADE ~ OCCUR
TYPE OF INSURANCE POUCY NUMBER
~1726B
GEN'L AGGREGATE L~MIT APPLIES PER:
~ POLICY ~ PRO- ~ LOC
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AUTOMOBILE UABILITY
ANY AUTO
ALL OWNED AUTOS
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HIRED AUTOS
NON-OWNED AUTOS
DATE (MM/DD/YY)
05103103
DATE (MMIDD/~Y) I
~3103104
EACH OCCURRENCE
FIRE DAMAGE (Any one fire)
MED EXP (Any one pe~on)
PERSONAL & ADV INJURY
GENERAL AGGREGATE
PRODUCTS - COMP/OP AGG
sl ,000,000
$50,000
$5,000
$1,000,000
$1,000,000
$1,000,000
EXCESS UABILITY
'~ OCCUR ~1 CLAIMS MADE
COMBINED SINGLE LIMIT
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AUTO ONLY - EA ACCIDENT $
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EACH OCCURRENCE i $
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DEDUCTISLE
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NORKERS COMPENSATiON AND
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OTHER
WC41664089
04124102
04124103
E.L DISEASE - POLICY LIMIT I $500,000
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS
CERTIFICATE HOLDER NAMED AS AN ADDITIONAL INSURED.
Ct=~ HFICATE HOLDER I I ADDmONALINSURED;INSURERLE'rTER:
CANC~=t ~ ATION
CITY OF MIAMI BEACH
1700 Convention Center Drive
Miami Beach, FL 33139
~HOULD ~NYOFTH E ABOVE DESCRIBED POLICIES BE CJ~ICELLED Bl=ru'~' THE EXPIRATION
)ATE THEREOF. THE ISSUING INSURER WILL ENDEAVOR TOMAIL~ DAYSWRI'I'FEN
IOI~CETOTHE CERTIFICATE ROLDERNJU~EDTOTHE LEFT, BUTFAJLURE TODOSOSHALL
IMPOSE NO OBMGATION OR LIABILITY OF ANY KIND UPON THE iNSURER,ITS AGENTS OR
~,-PRESENTATIVES.
LMIM
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ACORD
CORPORATION
1
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ACORD 25-S (7/97) 1 of 2 #SI537931MI 11064
ALLSTATE INSURANCE COMPANY
APPLICATION/BINDER FOR COMMER£TAL AUTO INSURANCE
FLORICA
NOME OFFICE Application No.: 00D038310406204
NORTHBROOK. ILLINOIS
Appiicant Na~e; RAFAEL FERNANDEZ ST[ 0
Bush A~dress : !470 NW 107 AVENUE
City : MIAMI
Home Phone :( 205 ) 470 - 9392
DBA : CONFZANZA WINDOW TINT
Send Policy to Agent: N
St: FL Zip: 32172
Business Phone :( 305 ) 592 - 0700
VE-ICI. ES Cost Special Hired/
Year Make/Model Vehlc'ie ID Numb CT PGS VSC New Ecuip Leased Code
}995 GI~AND C 1B4GH44RSSX831431 10 i2 FO]. $18.751 N 33172
i994 VOYAGER 2P4GH55RTRR683647 10 15 K51 s22.00) N 33172
USE RATE
Drvr Car Radius of 5%eps! Orig Target
Class Usage Operaticn Day Zo~e Zone
S L 2
S L 2
COVERAGES
..J%~Jr AB Combed BI'&PD Ea Occ
Liability Ded (option)
Liability Oed (amount1
LiMiTS
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1995 1994
G~ND CA VOYAGER
PREMIUM PREMIUM
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~MPLOYEE EXPOSURES- Workers Co~.p: "N c~rer Op~ratbd!' ~ Employee
MISCELLANEOUS COVERAGES
Policy Zip Code
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AL[STATE INSURANCE COMPANY
APPL]CATION/BINO£R FOR COMMERCIAL AUTO INSURANCE
FLORIDA
HOME OFFICE
NORTHBROOK. ILLIRO~S
Application No.: 000038310406304
Drive Other Car
Employer's Non-Ownership
Hired Auto
Trailer InLerchange
Garagekee~ers Physical Oama~e
Regist. P~ates Not Issued
llexico Coverage (limited)
Broadened PIP
Leased ~o~kers
Fellow Employee Exclusion
Pollution Liability Buyback
Waiver of Subrogation
Liabil'ity Limit Override
HIRED AUTO
State: FI
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¥
N
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(LIABILITY)
Cost of Hire - O
Number ef Locotions:
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Factor:
(PHYSICAL DAMAGE)
Cost of Hire: 0 Collision Deo : 500 Specified Periis(Y~N!- N
Comprehensive ned: !00 PDysic61 Damage Lmt: 2500D Direct BasisCY. N~: N
EMPLOYEE NON-OWNERSHIP LIAB~L.ITY COVERAGE Ne~ of E.qDloyees: 3
Employees as Add'l InsureO: N No. of Partners ~s Add'l Ihsured:
Social Agencies: N Number of Voiunteers:
No. of Volunteer Donors: AgeF~cy £m~loyees as Add'! Insureds:
DISCOUNTS APPLIED Itm t Item 2
Air Bag y y
Amti-locK Brake N N
Motorized Seat Belt N N
Anti-Theft N N
T61
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( )/illstate.
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ALLSTATE I~SURANCE COIPANY
APPLICATION/BINDER FOR CO~IIERCJAL AUTO INSURANCE
F£DR~DA
HOHE OFFICE Application No.- 000038310405304
NORTH~ROOK. ILLINOIS
Es~. 12 mo, Policy Premium : $4010.00
Premiums charged ~aust be in accorOance with the Company's manual ru~es & rates
Amount Paid: ]000,00 (Check/MO)
P~yment Plan:
BUS]NESS INFORpba, ii[IN
Business Enticy: ~ Number of Employees including owner/partners;
Total N~mber of Ve~icles: 2 Total Number of Vehicles %o be ~nsured: '~
NAIURE OF BUSINESS '~
C[OUG Description
17930 GLASS AND GLAZING WORK
iNSU~NC~ RECURD"(PRE~ENT UR M~ST RECENI ~UIO ]NSLIRANE~ I~ARRJ~D)
Prior Co.; US SECURITY INS P¢l~cy N(~ber: CA22830
ExD ~ate: 02 / 01 / 2004 [CC: N PUC: N MCS-90: N PI CO~E: AR
Is t~e above po]icy JUA. Assigned Risk or other non-preferre~? N
With respect to the Business:
A - Has any insurer cancelled or refused or given notice that it interds to
cancel or refuse, any insurance similar to that applied fon? N
Name: RAFAEL FERNANDEZ Sex: M DO~: 09 / Og / 19~2
Relation %o ins: SA State Llc: FL SS No: 261895367 DOC Covg: N P2P N
Crig Date Lic: 09 ./ !g80 Drivers Lic No: F655725623290 Drvr Class: 03
Name: GEORGE MORALES Se~: H DOB: ~0 / 20 ,, 194!
Relation to Ins: EM State Llc: FL SS No: 593930054 ~OC Covg: N PIP: N
Orig Date Lic: 10 / 1959 Drivers Lic No: H642300413800 ~rvr Class: 03
Na~: JOSE M GOMEZ Sex; M ~)OB: 02 / 09 / 1947
Relation to Ins: EH State Lic: FL SS No: $9550520g DOC Covg: ~ PiP: N
Orig Date Lic: 02 / 1965 Drivers Li£ No: G$70433470490Orvr Class: ~3
T61
O6 O2
R23~3~1
Page 3 of MORE
ALLSTATE INSURANCE CONPANY
APPLICATION/BINDER FOR COMMERCIAL AUTO INSURANCE
FLORIDA
Applicant: RAFAEL FERNANDEZ STE 0
Control NO: 000038310406_.304
NOTICE: In compliance with the Fair Credit Reporting Act, you are hereby .
notified that an investigative consumer report may be made through personam
interviews with neighbors, friends, associates or other persons concerning tt~e
character, general reputation, personal characteristics, and mode of iivir~g of
all drivers. You may obtain additional information concerning the nature and
scope of this investigation by contacting our Regional Office. the address of
which can be secured from your Allstate Agent,
BINDER PROVISION
Allstate insurance Company binds this Insurance applied fOr tO Oecome
effective as of the Effective Date/Time listed below. Coverage is bound for
those coverages requested on the Application for insurance, This Binder is in
reliance on the statements provided by the applicBnt and is )imited to t~irty
(30) days from the effective date and time of thqs Binder. unless cancelled
sooner by mailed written notice from the Company to the applicant at the
address stated.
I hereby declare t~e facts stated iq the Binder Provision and Application of
Insurance to be trde,
BEFORE SIGNING THIS DOCUMENT, BE SURE THAT YOU HAVE ALSO READ, UNDERSTOOD
AND/OR SIGNED THE COMMERCIAL AUTOMOBILE SELECTION/REJECTION FORM FOR
UNINSURED MOTORISTS INSURANCE: THE NOTICE REGARDING ANTI-THEFT DEVISE DISCOUNT;
AND. IF YOU ARE AN INDIVIDUAL, THE PERSONAL INJURY PROTECTION
SELECTION/REJECTION FOR WORK LOSS AND DEDUCTIBIFS.
Effective 12:42PM 04/15/2002
Accepted / Bound 12:43PM 04/15/2003
Total estimated annual premium: $ 4OlD
Amoun~ Received $ 1000
T61
06 02 Page
R2~9-1
~ of MORE
Ailstate
Yo~ing~dh~d~
ALLSTATE INSUP. ANCE COHPANY
APPLICATION/BINDER FOR COMMERCIAL AUTO iNSURANCE
FLORIDA
Applicant: RAFAEL FERNANDEZ STE D
Control No: 000038310406304
Notice: As part of Allstate's underwriting/qualification procedure and
subject to a?,¢icable laws and regulations, we may obtain information
regarding you and oti~er individuals who may be covered by the insurance you
are applying for, including :(i) driving record, based on state ~tor vehicle
reports and loss information reports: (ii) your prior insurance record,
if any, which will be obtained from your current OF prio~ carrier,s).
(iii) financial stability, which will be assessed bv obtaining crJdit reports
or other financial reports; and (iv) claim history ~based on loss infor~tion
reports. This means t~at i~ your business is a partnership, we may order
credit reports on any partners ~ho wi m l be covered by the insurance being
applied for~
ANY PERSON WHO KNG~ND W)T~ iNTENT TD INJURE DEFRAUD ~ DECEIVE ANY
%o~e : 305)220-0803 fax
T61
06 02 Page 5 of 5
PUBLIC WORKS BOND
Tills IS TIlE FRONT PAGF~ OF THIS PERFOI1MANCE AND PAYMI?~NI'
BOND ISSUE[) IN COMPLIANCE WITH CHAPTER s255.05 FLORII)A
STATUTES.
BOND NO.
CONTRACTOR NAME:
CONTRACTOR ADDRESS:
CONTRACTOR PHONE NO.
SURETY COMPANY:
OWNER NAME:
OWNER ADDRESS:
OWNER PHONE NO. (
OBLIGEE NAME: (n'co.~rac..g ¢,,.ly ,s
chl'lErcm from thc owner, IbC contrac.ng public entity}
OBLIGEE ADDRESS:
SUR007849
Confianza Window Tinting: Inc.
]470 N.W. 107th Arm.; .qHito O
Miami: FL 33172
305 ~ 470-9393
ii,coin General Insurance C ..copany
3350 k.~.iteford Road
York, PA 17402-0136
1~ aan~gnW~o~te= Drive
~~ ~ 33139
305 ) 673-747~
OBLIGEE PHONE NO.
BOND AMOUNT:
CONTRACT NO. (If Applicable)
DESCRIPTION OF WORK:
PROJECT LOCATION:
( ~
76,125.00
id ~Zg-Ol102
Supply and Instmllmtinn of WindowTinting for the
Miami Beach Cor-zention C~,ter and The Jac~ie~
Gleason Tneater of performing Arts
LEGAL DESCRIPTION
FRONT PAGE
(ALL OTHER BOND PAGES ARE DEEMED SUBSEQUENT TO THIS PAGE
REGARDLESS OF ANY PAGE NUMBERS THAT MAY BE PRE-PR[N'FED T[IFREON)
PERFORMANCE BOND
(This bond meets and exceeds the requirements of Florida Statutes Section 255.05) BOND #SURO07849
STATE OF FLORIDA )
SS
COUNTY OF )
KNOW ALL MEN BY THESE PRESENTS that we, Confianza Window
Tinting, Inc. as Principal, hereinafter called Contractor, and
Lincoln General Insurance Company as Surety, are firmly bound unto the City of Miami
Beach, Florida, as Obligee, hereinafter called the City, in the Penal sum of ~ ~:n~~
Dollars ($ 76,125.00 ), for the payment of which sum well and truly to be made, we bind
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#29-01/02, Entitled, "SUPPLY AND
INSTALLATION OF WINDOW TINTING FOR THE MIAMI BEACH CONVENTION
CENTER AND THE JACKIE GLEASON THEATER OF PERFORMING ARTS
(TOPA)" 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.
2. 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.
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 harmless 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 of
the work and performance 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 performed and
materials and equipment furnished, which were not performed or furnished according to the
terms of the Contract Documents. If no 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 project.
Any suit on this bond must be instituted within such period or periods as may be provided
by law.
IN WITNESS WHEREOF, the above bounded parties have caused this Bond to be executed by their
appropriate officials of the 7th dayof ^pril ,20 03
WITNESS:
PRINCIPAL:
(If sole Proprietor or partnership)
(Firm Name)
BY
Title: (Sole Proprietor or Partner)
COUNTERSIGNED BY
RESIDENT FLORIDA
(C~Sy of Agent's current
License as issued by State
of Florida Insurance
Commissioner
PRINCIPAL ~?oration)
Confianza Wind~5%~inting, Inc.
(Corporate N am ~//~~
(mresident~/t~ll~ ~mndez
(Secretary) ~~ ~
(CORPO~TE SE~'
SURETY:
Lincoln General Insurance Company
By: ~n- a~ 5uti.o,, 'Harris
& Fla. Resident Agent #Al11883
(Power of Attorney must be attached)
CERTIFICATES AS TO CORPORATE PRINCIPAL
I,?~J~-'raA~2--~ certifyth~t I am the Secretary of the cOrpOratiOn named as
· ~': [ . ,___~ that]~,.~,Lt.._ ~xs ,a,,hg.'~whosignedthesaidbondonbehalfof
Principal in tne lroregotng uunu;
the Principal, was then ~vt~Lc-~'~~'- of said Corporation; that I know his signature, and
hereto is genuine; and that said bond/x~l~ signed, sealed, and attested for and in
his
signature
/.,/,Il
behalf of said Corporation by authority of its govemlng//ood~x~ /
"~r~ ~ Cor~;ra~te
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 swom upon oath, says
that he is the Attorney-in-Fact, for the Lincoln General Insurance Co. and that he has been
authorized by Lincoln General 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 8th day of April ,20 03 A.D.
(Attach Power o f Attorney)
Notary Public
State of Florida-at-Large
My Commission Expires:
BARBARA K. BATES
Notary Public, State of Florida
My comm. exp. Aug. 29, 2005
Comm. No. DD 047770
BOND #SUR007849
LABOR AND MATERIAL PAYMENT BOND
(SECTION 255.05, FLA. STAT.)
BY THIS BOND, We,. Confianza Window Tinting, Inc. , as Principal, and
Lincoln C~ ~ Cc~ as corporation, as Surety, are bound to the City of Miami Beach,
Florida, as obligee, herein called City, in the sum oI ~ %~ntv ¢i,~ hnllm & CD/RD for the
($76 i25 00)
payment of which we bind ourselves, our he~rs, personal reprgsenthhves, 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 (I), Fla. Stat.,
supplying Principal with labor, mater/als, 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 between the City and Principal is made a part of this
Bond by reference.
Claimants are advised that Section 255.05, Fla. Stat., contains notice and time limitation
provisions which must be strictly complied with.
IN WITNESS WHEREOF, the above bounded parties have caused this Bond to be
executed by their appropriate officials of the 7th day of
April ,20 03.
WITNESS:
PRINCIPAL:
(If sole Proprietor or partnership)
(Firm Name)
BY
Title: (Sole Proprietor or Partner)
PRINCIPAL (If~ rporation)
(Corporate Nam
BY
(Presi
COUNTERSIGNED BY
RESIDENT~jFLORIDA
AGEN~~:
(C~py~f Agent's current
L{cense as issued by State
of Florida Insurance
Commissioner
By:
Attest:
(Secretary)
(CORPORATE S]
SURETY:
Linc~.neral Insurance Company
/ Attorney-in-fact Burton Harris
(Power of Attorney must be attached)
CERTIFICATES AS TO CORPORATE PRINCIPAL
named as Principal in the foregoing bond; that ufmbal,~ ~[~fu~'h~'Z.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,governingSealed,body.and attested for and in ~orporation bYcorporateaUthority of its
STATE OF FLORIDA ) ~/"~~ Seal
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
swom upon oath, says that he is
the Lincoln General Insurance~d that
Lincoln General Insurance Co.
the Attorney in Fact, for
he has been authorized by
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 7th day of April
· 20 03
(Attach Power of Attorney)
My commission Expires
Notary Public
State o f Florida-at- Large
8AR8ARA K. BATES
No~ar.¢ Public, State of Florida
i,, ~:omm. exp. Aug. 29, 2005
~'~rrt. No. DD 047770
TERRORISM RIDER
NOTICE-FEDERAL TERRORISM INSURANCE COVERAGE
AND DISCLOSURE OF PREMIUM
Any loss applicable to a peril covered under this bond that is caused
by a certified act of terrorism pursuant to the terms of the Terrorism
Risk Insurance Act of 2002 ("the Act"), will be partially
reimbursed by the United States under a formula established by
federal law. Under this formula, the United States pays 90% of
covered terrorism losses exceeding a statutorily established
deductible to the insurance company providing this bond. The
portion of your annual premium attributable to certified acts of
terrorism under this bond is $0.00.
COVERAGE LIMITATIONS
Payment for a loss will not exceed the limit of liability under this
bond. This bond will not pay for any portion of certified terrorism
loss beyond any applicable annual liability cap set forth in the Act.
The terms of this rider do not provide coverage for any loss that
would otherwise be excluded by the terms of this bond.
SUR007849
LINCOLN GENERAL INSURANCE COMPANY
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That Lincoln General Insurance Company, organized and existing by virtue of the
Laws of the Commonwealth of Pennsylvania. does hereby nominate, constitute and appoint:
Burton Harris, Christine Marshall Harris, Marina Mercedes Ramil
its true and lawful attomey(s)-in-fact [o sign, seal and execute for and on its behalf, as surety, bonds, undertakings, and other
obligatory instruments of similar nature in an amount not to exceed and to bind it thereby as fully and to the same extent as if
such instruments were signed by a duly authorized officer of the corporation, and ail the acts of said Attorney, pursuant to the
authority hereby given are hereby ratified and confirmed.
RESOLVED that this Power of Attorney is granted and is signed, sealed and notarized with facsimile signatures and seals under
authority of the following resolutions adopted by the Board of Directors of Lincoln General Insurance Company on the 4'" day of
September, 2002.
RESOLVED that the President, an Executive or Senior Vice President, or any Vice President of the Company, together with the
Secretary or any Assistant Secretary are hereby authorized to execute Powers of Attorney appointing the person(s) named as
Attomey(s)-in-Fact to date, execute, sign, seal and deliver on behalf of the Company, fidelity and surety bonds, undertakings, and
other similar contracts of suretyship, and any related documents.
RESOLVED FURTHER that the signatures of the officers making the appointment, and the signature of any officer certifying
the validity and current status of the appointment, may be facsimile representations of those signatures; and the signature and seal
of any notary, and the seal of the Company, may be facsimile representations of those signatures and seals, and such facsimile
representations of those signatures and seals, and such facsimile representations shall have the same force and effect as if
manually affixed. The facsimile representations referred to herein may be affixed by stamping, printing, typmg, or photocopying.
IN WITNESS WHEREOF, Lincoln General Insurance Company has caused its corporate seal to be affixed, and these presents to
be signed by its duly authorized officers this 4th day of September, 2002.
The Commonwealth of Pennsylvania '
York County
On this 4th day of September, 2002, before me personally came Gary C. Bhojwani, to me known, who being duly sworn, did
depose and say: that he is the President of the Corporation described in and which executed the above instrument: that he knows
the seal affixed to the aforesaid instrument is such corporate seal and was affixed thereto by order and authority of the Board of
Directors of said Company; and that he executed the said ;,~s"-u'~_*.".: 5;' !!!'.e ::...zr ;.ad :,;,g,v, ;:y ,md the same was his free act and
[ Notarta~ Seal
deed. [ Catherine Mane Loose, Notarf Public
[ Sprtngetlsou~l,~Tw0.. Yo~ County
The Commonwealth of Pennsylvania / ~ Commiss~o~p,r~ Ouna s?, ,~0o~/~'
York County l~,~lg.l[~ ~{[~f~ ~.-" ~
Notary Public ~ -
l, Gary Omdorff, Secretary of Lincoln General Insurance Company, a corporation of the Commonwealth of Pennsylvama do
hereby certify that the above and foregoing is a full, true and correct copy of Power of Attorney issued by said Company, and of
the whole of the original and that the said Power of Attorney ~s still in full force and effect and has not been revoked, and
furthermore that the Resolution of the Board of Directors, set forth in the said Power of Anomey ~s now in force.
retary
FLORIDA DEPART~,~IENT OF INSURANCE
BURTON VICTOR HARRIS
License Numl3er A111883
General Lines (Prop & Casl
ins Co Emp Adj - Prop & Cas
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.
CONTRACTORNAME:
CONTRACTOR ADDRESS:
CONTRACTORPHONENO.
SURETYCOMPANY:
OWNER NAME:
OWNER ADDRESS:
SUR007849
Confianza Window Tinting; Inc.
1470 N.W. 107th Ave.; ~q, dte O
Miami: FL 33172
305 } 470-9393
Lincoln nenera! Insurmnce C_.~p.~any
3350 r.~.iteferd Read
York~ PA 17402-0!36
Cit" of Mi~ Beach
1760 Gonvention Center Drive
Miami Beach: FL 33139
OWNER PHONE NO.
OBLIGEE NAME: (Ifcomracting entiW is
different from the owner, the contracting public entity)
OBLIGEE ADDRESS:
( 305 ) 673-7474
OBLIGEE PHONE NO.
BOND AMOUNT:
CONTRACT NO. (If Applicable)
DESCRIPTION OF WORK:
PROJECT LOCATION:
(
76,125.00
id ~29-01102
Supply and Installation nf WindnwTintlng for the
Miami B=~oh Comzention Center and Tb_e 3ackie.
Gleason Theater of performing Arts
LEGAL DESCRIPTION
FRONT PAGE
(ALL OTHER BOND PAGES ARE DEEMED SUBSEQUENT TO THIS PAGE
REGARDLESS OF ANY PAGE NUMBERS THAT MAY BE PRE-PRINTED THEREON)
PERFORMANCE BOND
(This bond meets and exceeds the requirements of Florida Statutes Section 255.05)
BOND #SUR007849
STATE OF FLORIDA )
SS
COUNTY OF )
KNOW ALL MEN BY THESE PRESENTS that we, Confianza Window
Tinting, Inc. as Principal, hereinafter called Contractor, and
Lincoln General Insurance Company as Surety, are tim-dy bound unto the City of Miami
Beach, Florida, as Obligee, hereinafter called the City, in the Penal sum of ~ ~~C~cs ~fl.00
Dollars ($ 76,125.00 ), for the payment of which sum well and truly to be made, we bind
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#29-01/02, Entitled, "SUPPLY AND
INSTALLATION OF WINDOW TINTING FOR THE MIAMI BEACH CONVENTION
CENTER AND THE JACKIE GLEASON THEATER OF pERFORMING ARTS
(TOPA)" 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 fome 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 temps and conditions, or at the City's
sole option.
2. Obtain a Bid or Bids for submission to the City for completing the Contract in
accordance with its te~ms 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.
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 harmless 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 Contractors or
Subcontractors agents, servants and/or employees, in, about or on account of the Construction of
the work and performance of said Contract by the Contractor.
This Bond shall remain in full fome 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 performed and
materials and equipment furnished, which were not performed or furnished according to the
terms of the Contract Documents. If no 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 project.
Any suit on this bond must be instituted within such period or periods as may be provided
by law.
IN WITNESS WHEREOF, the above bounded parties have caused this Bond to be executed by their
appropriate officials of the 7th day of April ,20 03 ·
WITNESS:
PRINCIPAL:
(If sole Proprietor or partnership)
(Firm Name)
BY
Title: (Sole Proprietor or Partner)
COUNTERSIGNED BY
RESIDENT FLORIDA
AGENT~~Y:
( _~6py'-6f Agent's..cur~rent
License as issued by State
of Florida Insurance
Commissioner
PRINCIPAL (If~ration)
Confianza Wlnd~
(Corporate Name)
BY( "'"'~P~s~ ~ndez
Attest: ! ~/3~
(coRI ·
SURETY:
Lincoln General Insurance Company
By: ~~ .
A~/o r~e~_~ _~ ~d~ ~ o~ n Harris
& Fla. R~siden~ Agent #Al11883
(Power of Attorney must be attached)
CERTIFICATES AS TO CORPORATE PRINCIPAL
I, ~4~ ~A~~-~ ,~ertify tt~tI am the Secretary of the Corporation named as
~n~nd; that ~ ~ who signed the said bond on behalf of
Principal
in
the
foregoing
the Principal, was then ~/Q~-' o ' Corporation; that I know his signature, and
his signature hereto is genuine; and that said ?b/signed, sealed, and attested for and in
behalf of said Corporation by authority of its
Corporate Seal
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 Lincoln General Insurance Co. and that he has been
authorized by LS_ncoln General 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 8th day of AprS_l ,20 03 A.D.
(Attach Power of Attorney)
Notary Public
State of Florida-at-Large
My Commission Expires:
BARBAI~ K. BATES
Notary Public, State o! Florida
My comm. ex~. A~O. 29, 2005
Comm. No. DO 047770
BOND #SUR007849
LABOR AND MATERIAL PAYMENT BOND
(SECTION 255.05, FLA. STAT.)
BY THIS BOND, We, Confianza Window Tinting, Inc. , as Principal, and
l.~moln Gemeral Insur~e Oa,pmy as corporation, as Surety, are bound to the City of Miami Beach,
Florida, as obligee, herein called City, in the sum of $ T~nty~,, rpl]m-~&m/lc0 for the
($76 125. 0)
payment of which we bind ourselves, our heirs, personal repr~sent~ves, 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 between the City and Principal is made a part of this
Bond by reference.
Claimants are advised that Section 255.05, Fla. Stat., contains notice and time limitation
provisions which must be strictly complied with.
IN WITNESS WHEREOF, the above bounded parties have caused this Bond to be
executed by their appropriate officials of the 7th day of
April ,20 03.
WITNESS:
PRINCIPAL:
(If sole Proprietor or partnership)
(Firm Name)
BY
Title: (Sole Proprietor or Partner)
pRINCIPAL
Confianza Window
(Corporate Name)
BY
Attest:
COUNTERSIGNED BY
RESIDENT~,I~IffORIDA
A6~Y:
(C~py of Agen~'~current
License as issued by State
of Florida Insurance
Commissioner
, SrAL)
By:
SURETY:
Lincoln General Insurance Company
~ on Harris
~-f~ct urt
(Power ofAttorneymust be a~ached)
· CERTIFICATES AS TO CORPORATE PRINCIPAL
I, ~(~~~L~ , certify t~t I am t.,he Secretary of the Corporation
named as Principal in the foregoing bond; that .~.~/~tAA~~d~ who signed the said
bond on behalf of the Principal, was then ~L~-- 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 behatf~ Corporation by authority of its
governing body.
Corporate
STATE OF FLORIDA ) ~ry) Seal
SS
COUNTY OF )
Before me, a Notary Public, duly commissioned, qualified and acting, personally
appeared
sworn
the
Burton Harris to me well known, who being by me first duly
upon oath, says that he is the Attorney in Fact, for
Lincoln General Insurance Ca~d that he has been authorized by
Lincoln General 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 7th day of April
, 20 03
A.D.
(Attach Power of Attomey)
Notary Public
State of Florida-at-Large
My commission Expires
BARBARA K. BATES
Notary Public, State of Florida
My comm. exp. Aug. 29, 2005
~x,mm. No. OD 0477~
FLORIDA DEPARTMENT OF INSURANCE
BURTON VICTOR HARRIS
License Number A111883
General Lines (Prop & Cas)
Ins Co Emp Adj - Prop & Cas
TERRORISM RIDER
NOTICE-FEDERAL TERRORISM INSURANCE COVERAGE
AND DISCLOSURE OF PREMIUM
Any loss applicable to a peril covered under this bond that is caused
by a certified act of terrorism pursuant to the terms of the Terrorism
Risk Insurance Act of 2002 ("the Act"), will be partially
reimbursed by the United States under a foi-mula established by
federal law. Under this formula, the United States pays 90% of
covered terrorism losses exceeding a statutorily established
deductible to the insurance company providing this bond. The
portion of your annual premium attributable to certified acts of
terrorism under this bond is $0.00.
COVERAGE LIMITATIONS
Payment for a loss will not exceed the limit of liability under this
bond. This bond will not pay for any portion of certified terrorism
loss beyond any applicable annual liability cap set forth in the Act.
The terms of this rider do not provide coverage for any loss that
would otherwise be excluded by the terms of this bond.
SUR007849
LINCOLN GENERAL INSURANCE COMPANY
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That Lincoln General Insurance Company, organized and existing by virtue of the
Laws of the Commonwealth of Pennsylvania, does hereby nominate, constitute and appoint:
Burton Harris, Christine Marshall ~rris, Marina Mercedes Ramil
its true and lawful attomey(s)-in-fact to sign, seal and execute for and on its behalf, as surety, bonds, undertakings, and other
obligatory instruments of similar nature in an amount not to exceed and to bind it thereby as fully and to the same extent as if
such instruments were signed by a duly authorized officer of the corporation, and all the acts of said Attorney, pursuant to the
authority hereby given are hereby ratified and confirmed.
RESOLVED that this Power of Attorney is granted and is signed, sealed and notarized with facsimile signatures and seals under
authority of the following resolutions adopted by the Board of Directors of Lincoln General Insurance Company on the 4th day of
September, 2002.
RESOLVED that the President, an Executive or Senior Vice President, or any Vice President of the Company, together with the
Secretary or any Assistant Secretary are hereby authorized to execute Powers of Attorney appointing the person(s) named as
Attomey(s)-in-Fact to date, execute, sign, seal and deliver on behalf of the Company, fidelity and surety bonds, undertakings, and
other similar contracts of suretyship, and any related documents·
RESOLVED FURTHER that the signatures of the officers making the appointment, and the signature of any officer certifying
the validity and current status of the appointment, may be facsimile representations of those signatures; and the signature and seal
of any notary, and the seal of the Company, may be facsimile representations of those signatures and seals, and such facsimile
representations of those signatures and seals, and such facsimile representations shall have the same force and effect as if
manually affixed. The facsimile representations referred to herein may be affixed by stamping, printing, typing, or photocopying.
IN WITNESS WHEREOF, Lincoln General Insurance Company has caused its corporate seal to be affixed, and these presents to
be signed by its duly authorized officers this 4th day of September, 2002.
Gary~ecret~y -- /
The Commonwealth of Pennsylvania
York County
On this 4th day of September, 2002, before me personally came Gary C. Bhojwani, to me known, who being duly sworn, did
depose and say: that he is the President of the Corporation described in and which executed the above instrument: that he knows
the seal affixed to the aforesaid instrument is such corporate seal and was affixed thereto by order and authority of the Board of
Directors of said Company; and that he executed the sai~ !-'s""~'men: ~7 !!!:: .Sr~zr.c.:.d a;~,~,2~, 0nd the same was his flee act and
deed / r~otana~ ~ea~ ,
· / Ca'dlertne Made Loose, Notary Public I
The o ' / Spdngettsoury.~w0...-.~ "~lr~¢~
Comm nwealth of Pennsylvania ~ MyComrnissio.,~r~a~June17.~004].~,)~
York Co.nv*
Notary Public
I, Gary Omdorff, Secretary of Lincoln General Insurance Company, a corporation of the Commonwealth of Pennsylvanm do
hereby certify that the above and foregoing is a full, true and correct copy of Power of Attorney issued by said Company, and of
the whole of the original and that the said Power of Attorney is still in full force and effect and has not been revoked, and
furthermore that the Resolution of the Board of Directors, set forth in the said Power of Attorney is now in force.
'%.WITNESS WHEREOF, lhave-hereunto set my hand 02~.~Sxed the seal of said Company, at York, Pennsylvania, this
retary