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Bid 001-03/RM Royal PalmsCITY OF MIAMI BEACH PROCUREMENT DIVISION Interoffice Memorandum To: Robert Parcher Date: July 8, 2003 City Clerk From: Subject: Gus Lopez, CPPO Procurement Director CONTRACT BID FOR 001-031RM - SUPPLY, DELIVERY AND INSTALLATION OF ROYAL PALMS Four (4) copies of the above referenced Contract are attached for the Mayor's signature and execution. The insurance certificate has been approved by Risk Management and the City Attorney has approved the form and language for contract execution. Thank you for your prompt attention to this matter. pGr cuL~r°em erst D ireOctor rm INVITATION FOR QUOTES SUPPLY, DELIVERY AND INSTALLATION OF ROYAL PALMS QUOTE NO. 001-03/RM QUOTE DEADLINE: March 21, 2003 AT 3:00 P.M. Gus Lopez, CPPO, Procurement Director City of Miami Beach - Procurement Division 1700 Convention Center Drive Miami Beach, FL 33139 F:~PURC~$ALL~Roman\bids~informaJ bids 03~palms4nformal bid.doc QUOTE NO. 001-03/RM DATE: 03/14/03 CITY OF MIAMI BEACH 1 CITY CLERK t DATE (MMIDD/YY) ACO ea. CERTIFICATE OF LIABILITY INSURANCF o %%' Q 0 / 2/03 PRODUCER Brown & Brown, Inc. 5900 N. Andrews Ave. #300 P.O. Box 5727 Ft. Lauderdale FL 33310-5727 Phone=954-776-2222 Fax=954-776-4446 INSURED THIS CERTIFICATE IS ISSUED AS A MATTER 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 INSURERA: American Safety Indefanit¥ Tropics North, Inc. Josh Rutter 26401 SW 107th Ave. Princeton FL 33032 INSURERB: Interstate Fire & Casualty ~NSURERC: National Indemnity Co of the INSURER D: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING 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. !INSR I POLICY EFFECTIVE POLICY EXPIRATION DATE IMMfDD/YY} } DATE (MMIDDfYYI LIMITS LTR TYPE OF INSURANCE I POLICY NUMBER , GENERAL LIABILITY EACH OCCURRENCE $ I, 000 t 000 __ A X co MM ERCIAL GENERAL UABILITY 10TSl~GIa011700 11/02/02 11/02/03 FIRE DAMAGE (Any one fire) $50,000 I CLAIMSMADE ~ OCCUR MEO EXP (Any one person) $ 5,000 X Contractors Site PERSONAL & ADV INJURY $ I · 000,000 Pollution 100,000 GENERAL AGGREGATE $ 2, 000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/UP AGG $ 2,000,000 I POLLOY ~ PRO- JECT ~ LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ i, 000 t 000 C ANY AUTO ?4APN237863 04/24/03 04/24/04 (Ea accident) ALL OWNED AUTOS BODILY INJURY $ X SCHEDULED AUTOS (Per pe~n) HIRED AUTOS ~g~0~ BODILY INJURY NON-OWNED AUTOS ~ (Per ac~denl) $ PROPERTY DAMAGE (Per ac~den{) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT I ANYAUTO OTHERTHAN EAACC $ AUTO ONLY: AGG EXCESS LIABILITY EACH OCCURRENCE $ 5 t 000 ~ 000 B X IOCCUR ~ CLAIMS MADE UMO1605390 11/02/02 11/02/03 AGGREGATE $5,0001000 $ DEDUCIBLE $ X RETENTION $ 5 ~ 000 $ WORKERS COMPENSATION AND I TORY LIMITS I EMPLOYERS' UABIMTY E.L. EACH ACCIDENT $ EL. DISEASE -EA EMPLOYEE $ E.L D~SEASE ~POLICYLIMIT $ OTHER DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUS/ONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS RE.' Quote No. 001-03/RM, Supply, Delivery and Installation of Royal Palms City of Miami Beach is named as "Additional Insured" as respects to Oeneral Liability. Faxed to Gus Lopez · 305-673-7851 & to Chris Anderson ~ 305-258-0809 CERTIFICATE HOLDER I Y I ADDITIONAL INSURED; INSURER LETTER: -- CANCELLATION MIAM004 City of Mian~ Beach 1700 Convention Center Drive Miami Beach, FL 33139 ACORD 25-S (7197) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATIOb DATE THEREOF. THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERllFICATE MOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER. ITS AGENTS OR REPRESENTATIVES. ©ACORD CORPORATION 1988 ACORD,. CERTIFICATE OF LIABILITY INSURANCE IO /1,/03DATE MM'DO''' 1-407-481-9363 PRODUCER ~isk Transfer, LLC. 301 Pine S~reet Suite 350 Orlando, FL 32801 INSURED Paraline, Inc. dba Presidion Solutions VI, Inc. i52262 - Effective 1/1/03 i4400 PGA Boulevard ~/ite 1000 ~lam Beach GarcOns, FL 33410 THIS CERTIFICATE IS ISSUED AS A MAI'~ER 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 INSURER C: INSURER D: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING 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. GENERAL UARILFW ! EACH OCCURRENCE I $ · CLAIMS MADE ~ OCCUR ! I , i I PERSONAL & ADV INJURY $ I OCCUR ~] CLAIMS MADE AGGREGATE $ $ & WORKERS COMPERSATION AND 274347 03/01/03 03/01/04 X ITORYUM,TS! I°~- CERTIFICATE HOLDER I I AnoITIO#AL INSURED; INSURER LI=~[ I~R: -- 700 Conven=ton Center Dr. i~m~ Beach, FL 33139 USA t, CORD 25-S (7197) st=z'a:Lt:t 1084618 CANCELLATION SHOULD ANY OFTHE ABOVE DESCRIBES POLICIB BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENOEAVOR TO MAIL 30 DAYS WRrI'FEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE iNSURER, ITS AGENTS OR REPRESENTATIVES. AUTHOR=EO RE.RES;mAT V; -'~ :~:~.~'~ e ACORD CORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25-S (7/97) 26401 S.W. 107 Ava. p~nceto~, FI 33032 305258-8011 305-258-0809 Acts of God Disclaimer Da~e: date Tropics North Inc., will not be held liable for..mstalled plant material ~C~ which is damaged or dies as a result of ",4cts of God'; which incl,_,_des, but is not limited to, kail. freeze, exce. esive winds (gusts exceeeding 50 miles an hour) and lethal yellowing, provided that the plant material was in healthF condition prior to these '~cts of God: Furthermore, Tropics North Inc. is not liable for material damaged by va~,claiism, abuse, or neeligence and liability is contingent ul~on a_m;ropr,;o!e maintenance practices within Tropics North Inc. 's control For: The foregoing instrument was acknowledged before me this IndivMual Corporation Agent / Owner Persolally Known Type of identification: Signature of Notary: Print Name: Commission No: day of ,2003 This is the frontpage of the performance/payment bond issued in compliance with Florida Statute Chapter 255.05 Surety Name: Bond Number: Contractor Name: Owner Name: Travelers Casualty & Surety Co 1000 Legion Place Orlando, FL 32802 407-649-2387 104081511 Tropics North, Inc. 26401SWl07th Avenue Pfincemn, FL 33032 305-258-8011. City of Miami Beach 1700 Convention Center Drive Miami Beach, FL 33139 305-674-1040 Project Number: 104081511 Project Description: Supply, Delivery, and Installation of Royal Palms Project Address: Various locations within Miami Beach, FL Legal Description of Property: Various locations within Miami Beach, FL This is the frontpage of the bond. All other pages are subsequent regardless of the pre-printed numbers. Bond ~104081511 PERFORMANCE BOND (This bond meets and exceeds the requirements of' Florida Statutes Section 255.05) STATE OF FLORIDA ) ss COUNTY OF ) KNOW ALL MEN BY THESE PRESENTS that we, T][O]~ZCS ~ORTa, [t~C. as Principal, hereinaffercalledContractor, and ~,A~'L;~.~S~ALT~ & SO'I~ are firmly bound unto/he CiN. of MJam Beach, FI0dda, as Obligee, hereinafter called the City, · :~_xcy-su_x lnousa . tn the Penal sum o~ oh~- n,,,~,~,-,,a ~]~,~)llars (~z6.,J~_. 00'**), for the payment of which ~ . anu ~ ' . . sum well and truly to be made, we brad ourse~ he,rs, executors, administrators, successors and assigns, joinl~y and severally, fin'nly by these presents. WHEREAS, Conlractor, onthe 19ctdayof t~av ,20 0~3,enteredintoacertain contract with the City, hereto attached, for QUOTE NO. 001-031EM, Entitled, "SUPPLY, DELIVERY AND INSTALLATION OF ROYAL PALMS" which Contract is made a part hereof by reference thereto. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH,~hat, if~'~e Contractor shall well and truly perform and fulflJl all the undertakings, covenants, terms, conditions and agreements of said ConvaC{, and` all duly authorized modifications of said Contract that may hereafter be made, n0ticeof'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: I. Complete the Contract ),n. acc~.[dagce with its terms and conditions, or at the City's sole option. Obtain a Bid or Bids for submission to the City for Completing the Contract in accordance with its terms and conditions, and upon determ!natioct .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, !ess the amount propedy paid by the City to the Contractor. - QUOTE NO. 0{}I-03/RM CITY OF M. IAIVH BEACH DATE: 03/14/03 27 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 amhitectural 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 pedod 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 pedods 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 pedods of warranty are stated in the Contract Documents for any particular item of work, material or equipment, the Contractor hereby gu arantees the same for a mini mum 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. QUOTE NO. 00143/RM CITY OF MIAMI BEACH DATE: 03/I4/03 28 IN WITNESS WHEREOF, the above bounded parties have caused this Bond to be executed by their appropriate officials of the 26ch day of Jtme ,20 03 WITNESS: PRINCIPAL: (If sole Proprietor or partnership) (Firm Name) BY Title: (Sole Proprietor or Partner) COUNTERSIGNED BY RESIDENT FLORIDA AGENT OF SURETY: (Copy of Agent's current License as issued by State of Florida Insurance Commissioner 14/chael A. Holmes PRINCIPAL (If Corporation) TROPICS NOWr~, (Corporate Name) ~( Presj~e~j~ Attest~ (CORPORATE SEAL) SURETY: "I3tAVFT.'F'R.~ CASUALTY & SURETY CONPARY OF AI~KICA Attorney-in-fact - F._ichael A. Ho]_mes (Power of Attorney must be attached) QUOTE NO. 001-031RM C1TY OF MIAMI BEACH DATE: 03/14103 29 CERTIFICATES AS TO CORPORATE PRINCIPAL l, ~/.Z3,4.b ~" 7/-W, certify that lam the Secretary ortho Corporation ~amed as' Principal in the foregoing bond; that--~/~-~:LS'//~'~ .Z~,/~ ~ho signed the said bond on behalf of the Principal, was then 7,,~ ~'-,,? t_b ~-f- 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 behalfo~authority OfcorporatesealitS governing body. STATE OF FLORIDA COUNT .Oo.Fa:a ) Before me, a Notary Public, duly commissioned, qualified and acting, personally appeared t,,_tchael A. Howl.es to me well known, who being by me first duly sworn upon oath, says that he is the Attomey-imFact; for:the Travelers Cas,,:a'l l:_v & Sm'et'_v ~.ur~rica and that he has been authorized by Travelers Casual!:y &::Surety to execute the Company os America foregoing bond on behalf of the Contractor named therein in favor of the City of Miami Beach. Florida. Subscribed and sworn before me this 26cb day of June ,20 03 A.D. Notary Public · . State of Florida-at-Large My Commission ,- · ~.~.. EXPIRES ~.' Y ~5 '~,":'"~ I "6riL~ WESTERN SL,~'~' ~';F'~: i: ~ QUOTE NO. 001-.03/RM CITY OF MIAMI BEACH DATE: 03/14/03 30 LABOR AND MATERIAL PAYMENT BOND (SECTION 255.05, FLA. STAT.) Bond ~104081511 BYTHISBOND, We, 'r~nP[CS NO~T~, It~C. , as Principal, and TRAVELERS CASUALTY & SURETY co~,_a.z~ OF A~.ZC~ as corporation, as Surety, are bound to the City of Miami Beach, Florida, as oblioee, herein called City, in the sum of S~ty-six Thousand EighCyHundred SSi,,~tv o,,~ 00/100-- .~for the payment of which we bind ourselves, our heirs. - ($66,sgo.u0) 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 n 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 ~e 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 F,a¥ 19, 2003 betweentheCityandPdncipalismadeapartofthis Bond by reference. Claimants are advised that Section 255.05, Fla. Stat., contains notice and time limitation provisions which must be strictly complied with. QUOTE NO. 001-03/RM CITY OF MIAMI BEACH DATE: 03/14/03 31 IN WITNESS WHEREOF, the above bounded parties have caused this Bond to be executed by their appropriate officials of the 26ch day of Jtme ,20 03 WITNESS: PRINCIPAL: (If sole Proprietor or partnemhip) .iA (Firm Name) BY Title: (Sole Proprietor or Partner) ~RiNCIpAL (If Corporation) COUNTERSIGNED BY RESIDENT FLORIDA AGENT OF SURETY: (Copy of Agent's current License as issued by State of Florida Insurance Commissioner Hi. chael A. Holates (pOwer of Attorney must be attached) TROPICS NORTR, INC. (Corporate Name)/.~:/ (Presid/~ Attest?C/~ -,~ ?_ ~ (CORPORATE SEAL) SURETY: A~omey-in-fact- ~c~el A. ~o~es QUOTE NO. 001-03/RM C/TY OF MIAMI BEACH DATE: 03t14/03 32 CERTIFICATES AS TO CORPORATE PRINCIPAL I, ~I~-/.-~',-~ ~,E, 7~ , certify that I'am the Secretary of the Corporation named as Principal in the foregoing bond; that ~'(~'/,,F~ ~. ~~o signed the said bond on behalf of the Principal, was then ~ 7- 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 Corpo rat~ty o~f its goveming body. ./' .,d~ ~'~./'-j4..~ Corporate ~ Seal STATE OF FLORIDA ) SS COUNTY OF ) Bro~,Tard Before me, a Notary Public, duly commissioned, qualified and acting, personally appeared tlichael A. Ho]La,es tomewellknown, whobeingbymefirstdulyswom ~' Travelers Casualty & Surety and upon oath, says that he is the Attorney in Fact, for the co~pan_v of A.,,-.-i e~ Travelers Casualty &'Surety that he has been authorized by C.,~-~ o¢ A-,--'~,'~ 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 261;:h day of (Attach Power of Attorney) ~.~---=----- .' Notary Public ~. ~-~te ~f l:l~rida;; it-Large My commission Expires ~,,,~ /~ '}~ '~ ~:-~(c, IRi~s M,~,Y 25, 2005 I~ ~'...~.~-~ ~ONDEO THRU ~'~'6;''~;~'' ~'~TFRN SURETY CO~PAI~Y ,20 03 A.D. QUOTE NO. 001-031RM CITY OF MIAMI BEACH DATE: 03114103 33 Travders Bond ~104081511 IMPORTANT DISCLOSURE NOTICE OF TERRORISM INSURANCE COVERAGE On November 26, 2002, President Bush signed into law the Terrorism Risk Insurance Act of 2002 (the "Act',). The Act establishes a short-term program under which the Federal Government will share in the payment of covered losses caused by certain acts of international terrorism. We are providing you with this notice to inform you of the key features of the Act, and to let you know what effect, if any, the Act will have on your premium. U~idbr the Act, insurers are required to provide coverage for certain losses caused by international acts of terrorism as defined in the Act. The Act further provides that the Federal Government will pay a share of such losses. Specifically, the Federal Government will pay 90% of the amount of covered losses caused by Certain acts of terrorism which is in excess of Travelers' statutorily established deductible for that year. The Act- also caps the amount of terrorism-related losses for whiCh the Federal Government or an insurer can be responsible at $100,000,000,000.00, provided that the insurer has met its deductible. Please note that passage of the Act does not result in any change in cOverage Under the attached policy.or b°nd (Or. the policy or bond being quoted). Please also note that no separate additiOnal premium charge has been made for the terrorism coverage required by the Act. The premium charge that is allocable to such coverage is inseparable from and imbedded in your overall premium, and is no more than one'percent of your premium. 71423'3 i*..~OW .Atx, PERSONS BY TE~SF, PF,.ES~NTS, THAT ~LEP~ C.~UALTY ~ S~ CO~.~t OF .~Cg~ ~x~ ~U~ ~ S~ CO~.~ ~d F~GTON C~E~ CO~C~y, co~o~on d~y o~d ~d~ ~ laws ~ Smm,of~H~ois, ~d ~g im p~pM ~cs m ~ ci~ ofNap=~l~, Co~ of D~a~e, Sram ~ uIinoiS, ~minn~r ~c "C0m~") ~ m~dc, co~mtcd ~d appomt:~ ~d do by ~csc p~senm c0~mtc ~d appoint: ~r~d ~. ~ or ~I ~ ~oim~ * ~ ~FL Landerdal~ ~, ~ck ~ md ta~ A=o~(s)-~-E~ ~ power ~d ~o~ ~ co.meed m si~ :~te ~d ac~owlcd~, a: ~y. plac~ ~thin ~e b~md Stoma, or, ff~= fogo~g ~ bc ~]ed m, ~n ~ ~a ~m ~si~md · e foH~g ~,m~s): and to ,bind tlie c0mo/mie~, thereby as fully and to the Same e~t as if the same Were 'signed by the 'du~y authorized ofiicers of the Companim, and all the acrs of said Artorney(s)-ia-Fa~ pursuant to the author/ty here/n ~ven, are hereby ratified and cam~rraed. Tk/s. appointment is made 'under and by author/ty of the following Standing P~sotutions c/ss.id Companies, which Resolu~ions are now in ~ force and e~'ect: VO l~_~: That the Cbs/cream the President any -Vice Chairmaz~ any Executive Vice P~esident, any Ses. ior Vice Presid~ an.v Vice P~ssid~nt, any Second Vic~ President thc Treasurer, my .Assists~ T~, the Corporam Secretory'ar sny'Assismut Se---~s~y may ~a!~. omt Attnmeys-in-Fact mud A~enrs to act far and on behalf of the company and may ~ive such appsinme such autnozity ~s h/s or h~ certificam of authority may prescribe to si~z~ w~th. the Company's name and s~s.l with the Company'~ seal bonds, reco~ni?-nces, conu-a~ts of inanity, and other writings obli~t0ry in thc nature of a bond, r~v?~ce, or conditional undert~ and my of said offices or ~he ~osrd of D/rectors at any time may r~rnov¢ any such appom~se and revoke the power ~iven him.or her. ,, VOl~: Ths~ the Chairman, thc President, any Vic~ Chairman, any Executive Vice President any Senior ¥ice President or any Vice President may d~legat~ ail c~ any part ofth~ for~gomg authority to one or more officers or employees of th~s Company, provided that each such delegation is in vauting and a copy thereof is filed in th~ office oft. he Searetmry. VO'Ik2D: That' any bond~ re~,~e, c°nU'~ of ind~-~ty, or wri~ilg obligatory in the nature of a bond, r~oo?~?~p~e, or cand~tioml underm~2 sb~t~ be valid and bind/rig upon tim Company when (a) signed by the President any Vic~ Ch~ir~man~ any Exa~iive Vice Prasidant~ any Seniar. Vice President or any Vice Prasid-~rt, an), Second Vice.?remidert% the Treasurer, ~y Assistant Treasurer, th~ Co~_ crrat~ S~mry or any Assistant Sesretarv and duly attested and sealed with the Company's seal by a Se~etmY or Asaismnt Secretory, or (b) duly ex.uteri (und~ seal,/f r~quired) by one ~t more A~tomevs~in-Fact and Agents pursuant to the power prescribed in his or her certi~cs~ or their certificates of anthcrrity or by one or mort Company oI~cers pursuant to a written delegation of authority, This Power of Attorney and Cert/ficmte of Authority fs s~gned mhd sealed by facsimile under and by authority of the following' Standing Kasohn~on voted by ~ha Boards of Directors of Ti~L~,P~S C)~SUA.LTY A2ND SITP. Ex~i~f COI~A2qY OF A_~I~ICA. ~p~V~L-~.P.S C.~SU~A~LTY A2WD $IFl~iz. co1VfPAN~f, F.~GTON C.~SIJ~J~z~ CO1ViP.~ and ~V[RAV'Ei ,:?.1~ CA~EAL~f A2~D SLri~E ~f COI~f OF ,iLv~-~iNOI$: which Resoiutlon fs now in full.force smd VOTED: That the siesmture of each of'the fotlcwhag off:term _'President, amy Executive 'Vice President, auy Sardor Vice _rYesident any Vice President. any A. sfmt~nt Vice 15-¢sid¢nt, auy Secretory, any AssiStant Searerm-f;' mud' thc seal of the Company may be ~ff~x~d by facsimile to any vower of a~orney or to an), csrrificate relating thereto appointing ResidentMice Presidents, Resident Assistan~ Ssc~taries.or Attorneys-m-Fact for 'purr~oses or~y of executing and attes:in; bonds and und-,~. :~l'~ngs and other v,,rkings obligatory L'z the nature thereof, and any such po~ver of attorney or ~er~ificare bearing suck facsimile si~ature or facs~m/ls seal shall be valid and binding upon the Company and any mca power so exezumd and c~,~.i~ed by such facsimile si_.gnam, re and facs~mSfle seal ehall be valid and~bindimg upon the Company m the rum.re with reseat: to any bond or undertaking to which i~ is at'inched. LN W1TNESS V~EEF. EOF, TI~.V~LEI{S C_a_SUALTY ~ S~TY CO~.~' OF ~CA, ~-~LE~ S~ co~.~ OF ~L~0~ ~ve ca~d ~ ms~en: to be si~ed by Ee~ Senior Vice President ~d ~h- co~or~ sa~s to be h¢re:o'~cd ~s 27~ ~y of October, 1999. STATE OF CONI~'ECTICLr7 I'2AVEL~RS CASUALTY ~ ~0~ CO~.~ OF .~PdCA }SS. ~o~ F~GTON C~TY CO~.~ On th~S 27th day 0~ OCtober, t.o'99 before mepersonu.y ~rne GEORGE 'W. ~O~SON m mc ~ who, b~g ~ mc d~y ~o~ ~d depose ~d say: ~t h~sk~ is S~or ~c~ Presider 'of ~~ C.~ ~ S~ CO~ OF ~C~ ~T.~ ~U~ ~ S~ CO~,. F~GTON C~U~ CO~ ~d sc~s; anH ~t ~sh¢ ex~d ~¢ ~d ~t on behnl? ~ ~¢ co~omfi0~ ~ au~0~ ~ ~S~m" n~cs ~d~ ~ S~ding R~olufio~ ~e~ ' ' My commissior! expires June 30, 2001 Ncta~ Public Marie C. Tetreault L thc unde.-~i~aed, Assistmat Secreraw ~LE~ C~U~ ~ S~ CO~ ~d F~GTON · e State of Co~ ~fl ~~ C~U~ Sram ~UHnois, DO ~Y ~' ~t ~e f~go~g ~d a~ch¢~ Pow~ of A~ ~d C~m of Au~on~ ~m~n~ m ~ f~n ~d ~ not b~ ~okcd; C¢~m of Au~omU, ~ now m Si~¢d ~d S¢~¢d a~ ~¢ ~om¢ O~c¢ , 2003. '~- ~ ~ Assistant Sec~taw, Bond QUESTIONNAIRE The undersigned authorized representative of the Bidder certifies the truth and accuracy of all statements and the answers contained herein. ~ 1. How many years has your organization been in business while possessing one of the licenses, certifications, or registrations specified in Section 00405? LicenselCertiflcationfflRegistration# # Years lA. What business are you in? JdOd~i~"'~-/~{=~ What is the last project of this nature that you have completed? Have you ever failed to complete any work awarded to you? If so, where and why? 3A. Give owner names, addresses and telephone numbers, and surety and project names, for all projects for which you have performed work, where your surety has intervened to assist in completion of the project, whether or not a claim was made. Give names, addresses and telephone numbers of three individuals, corporations, agencies, or institutions for which you have performed work: 4. (name) (~ddress) (phone #) QUOTE NO. 001-O31RM al x/ OF MIAMI BEACH DATE: 03/14/03 37 4.2. 4.3. (name) (address) (phone #) (name) (address) (phone #) TOTAL NAME OF OWNER & CONTRACT PROJECT PHONE # VALUE List the following information concerning all contracts in progress as of the date of submission of this bid. (In case of co-venture, list the information for all co-venturers.) DATE OF % OF COMPLETION COMPLETION PER CONTRACT TO DATE o (Continue list on insert sheet, if necessary.) Has a representative of the Bidder completely inspected the proposed project and does the Bidder have a complete plan for its performance? Will you subcontract any part of this work? If so, give details including a list of each subcontractor(s) that will perform work in excess of ten percent (10%) of the contract amount, the approximate percentage, and the work that will be performed by each such subcontractor(s). Include the name of the subcontractor(s) and the approximate percentage of work. The foregoing list of subcontractor(s) may not beamended after award of the Contract without the pdor wdtten approval of the Contract Administrator, whose approval shall not be unreasonably withheld. QUOTE NO. 001-03/RM CITY OF MIAMI BEACH DATE: 03/14/03 38 8. What equipment do you own that is available for the work? What equipment will you purchase for the proposed work? 10. What equipment will you rent for the proposed work? 11. 12. State the name of your proposed project manager and superintendent and give details of his or her qualifications and experience in managing similar work. State the true, exact, correct and complete name of the partnership, corporation or trade name under which you do business and the address of the place of business. (If a QUOTE NO. 001-03/RM CITY OF MIAMI BEACH DATE: 03/14/03 39 corporation, state the name of the president and secretary. If a partnership, state the names of all partners. If a trade name, state the names of the individuals who do business under the trade name). 12.1 The correct name of the Bidder is 12.2 The business is a (Sole Proprietorship) (Partnership) (Corporation). 12.3 12.4 The address of principal place of business is The names of the corporate officers, or partners, or individuals doing business under a trade name, are as follows: 12.5 List all organizations which were predecessors to Bidder or in which the principals or officers of the Bidder were principals or officers. 12.6. List and descdbe all bankruptcy petitions (voluntary or involuntary) which have been filed by or against the Bidder, its parent or subsidiaries or predecessor organizations during the past five (5) years. Include in the description the disposition of each such petition. QUOTE NO. 001-03/RM CITY OF MIAMI BEACH DATE: 03/14/03 40 12.7. List and describe all successful Performance or Payment Bond claims made to your surety(ies) during the last five (5) years. The list and descriptions should include claims against the bond of the Bidder and its predecessor organization(s). 12.8 List all claims, arbitrations, administrative hearings and lawsuits brought by or against the Bidder or its predecessor organization(s) during the last five (5) years. The list shall include all case names; case, arbitration or hearing identification numbers; the name of the project over which the dispute arose; a description of the subject matter of the dispute; and the final outcome of the claim. 12.9. List and describe all criminal proceedings or hearings concerning business related offenses in which the Bidder, its principals or officers or predecessor organization(s) were defendants. QUOTE NO. 001-03/RM CITY OF MIAMI BEACH DATE: 03/! 4~03 41 12.10. Has the Bidder, its principals, officers or predecessor organization(s) been debarred or suspended from bidding by any government during the last five (5) years? If yes, provide details. 12.11. Under what conditions does the Bidder request Change Orders. 12.12 You must provide the names of all individuals or entities (including your sub- consultants) with a controlling financial interest. The term "controlling financial interest" shall mean the ownership, directly or indirectly, of 10% or more of the outstanding capital stock in any corporation or a direct or indirect interest of 10% or more in a firm. The term "firm" shall mean any corporation, partnership, business trust or any legal entity other than a natural person. 12.13 Individuals or entities (includi~3g our sub-consultants) with a controlling financial interest: have V'~ have not contributed to the campaign either directly or indirectly, of a candidate who has been elected to the office of Mayor or City Commissioner for the City of Miami Beach. Please provide the name(s) and date(s) of said contributions and to whom said contribution was made. QUOTE NO. 001-03/RM CITY OF MIAMI BEACH DATE: 03114103 42 WITNESS: IF PARTNERSHIP: Signature Print Name Print Name of Firm Address By: General Partner Pdnt Name WITNESS: .~ Print Name Address PreSlde, nt~ IF CORPORATION: W-~o~,~s __ o~dp_g_~ /ge.. , Secretary QUOTE NO. 001-03/RM CITY OF MIAMI BEACH DATE: 03/14/03 43 CITY OF MIAMI 1700 Convention Center Dr, Miami Beach, FL 33139 http:\\ci.miami-beach .fl .us BEACH Procurement Division Telephone (305) 673-7490 Facsimile (305) 673-7851 May 14, 2003 Mr. Micah Gravel, Head Estimator Tropic North, Inc. 26401 SW 107th Avenue Miami Beach, Florida 33032 VIA FACSIMILE Fax: 305.258.0809 Subject: QUOTE NO. 001-03/RM - SUPPLY, DELIVERY AND INSTALLATION OF ROYAL PALMS Dear Mr. Gravel: The Mayor and City Commission at its March 19, 2003 meeting approved a waiver of Competitive Bidding for the supply, and installation of 45 Foot Grey Wood Royal Palms at La Gorce Island. The Procurement Division issued the above subject quote on March 14, 2003, and received five (5) responses. The tabulated results of the Contractor's quotes are attached. The administration evaluated the three low bidders, and will recommend to the City Manager the award of Contract to Tropics North, Inc., the lowest and best bidder. The City Manager is considering awarding the aforementioned quote to the lowest and best bidder Tropics North, Inc. for $ 66,890.00 on Monday May 19, 2003. As part of thc evaluation process, contractors were asked to arrange site visits to view the palms being offered on their bid. The three lowest bidders; Tropic Landscaping & Lawn Maintenance, Inc., Everglades Environmental Care, Inc., and Tropic North, Inc. provided City staff with an on-site viewing of the palms allowing the City to view the palms and verify that the palms would meet the height and quality characteristics as specified in the bid specifications. The palms for the first and second low bidders on this project, Tropic Landscaping & Lawn Maintenance, Inc. and Everglades Environmental Care, Inc., did not meet the characteristics required by this project. In Tropic Landscaping & Lawn Maintenance, Inc.'s case the palms were not of the specified height and in Everglades Environmental Care, Inc.'s case the palms were not of the quality that would qualify as Florida #1 grade as defined in the State of Florida Department of Agriculture's publication "Grades and Standards for Nursery Plants". Any actual bidder, qualified proposer, or interested parties (hereinafter collectively referred to as the "bidder") who has a substantial interest in, and is aggrieved in connection with the proposed award may protest in writing to the City Manager. It is the City's intent to award a purchase order to Tropics North, Inc., regarding the above- referenced Quote, on May 19, 2003. Therefore, pursuant to the City's Bid protest procedures, the City will allow a bid protest to be submitted by noon on May 19, 2003. Any protest shall state the particular grounds on which it is based and shall include all pertinent documents and evidence. Protests not timely made shall be barred. Any basis or ground for a protest not set forth in the letter of protest shall be deemed waived. If the bid protest is not resolved by mutual agreement, the City Manager and the City Attorney, or their respective designees, shall promptly issue a decision in writing. Thc decision shall specifically state the reasons for the action taken and inform the protestor of his or her fight to challenge the decision. Thc determination of the City Manager and the City Attorney with regard to allprocedural and technical matters shall be final. The City may request reasonable reimbursement for expenses incurred in processing any protest, which expenses shall include, but not be limited to, staff time, legal fees and expenses (including expert witness fees), reproduction of documents and other out-of-pocket expenses. Should you have any questions or need additional information, please address said inquiries in writing with a copy to the City Clerk's Office. Procurement Director C: Jorge M. Gonzalez, City Manager Mayra Diaz Buttacavoli, Assistant City Manager Robert Middaugh, Assistant City Manager Timothy Hemstreet, Capital Improvement Projects Director Robert Parcher, City Clerk Raul Aguila, First Assistant City Attorney F:~PURC~ALL\Roman'~Lettc'rs~PROTEST LETTERS 001-03-RM\TropicNorth.doc . BID TABULATION ,4ward of Contract was to be based on the unit price provided by the bidder. The City reserved the right to purchase any number of palms (less than or in addition to estimated quantity of l 5, without penalty) based on the unit Price provided by the Bidder. Bid No. Company Name Unit Price per palm Quantity 1 Tropic Landscaping and Lawn Maintenance Inc. $4,000 17 2 Everglades Environmental Care Inc. $5,000 13 3 Tropic North, Inc. $6,689 10 4 Arazoza Brothers Corp. $7,200 9 5 Vila & Son Landscaping Corp. $9,000 7 Tropics North, Inc. provided a unit price of $6,689.00; the City will accept 10 Royal Palms, which totals $66,890.00 Oo/l~/zoo~ 11:z4 P'AX 3056737073 CAPITAL IMPROVEMENT PROJ ~ PURCHASING ~001/002 CITY OF MIAMI 1700 Convention Centar Drive, Miami Beach, FL 33139 BEACH Capital Improvement Projects Office Telephone (305) 673-7071 Facsimile (305) 673-7073 FAX TRANSMISSION COVER SI-IF. ET DATE: TO: CC: FAX: SUBJECT: SENDER: FILE: 05.12.03 Jane Gregson, Tropics North Landscaping John Ellis, Procurement 305-258-0809 La Gorce Island Landscaping project Nury Menicucci x6958 LaGorce-TropicsNorth-FAX 001-05.12.03 YOU SHOULD RECEIVE 2 PAGE(S), INCLUDING THIS COVER SHEET. IF YOU DO NOT RECEIVE ALL PAGES, PLEASE CALL (305) 673-7071 Ms. C~gmn, Proposed planting locations for (10) 45 Ft. G.W. Florida Royal Palms at La Goree Island have be~n staked at the site (Blue States) at the foilowin~ addresses (refer to a.ae. hed sketch; a 24" x 36" sized drawing will be submitted at NTP): 15 La Gorce Cirele (Qty. 1) 17 La Gorce Circle (Qty. 1) 34 La Gorce Circle (Qty. 1) 60 La Gorce Circle (Qty. 1) 61 La Gorce Circle (Qty. 2) 7o La Gor~ Circle (Qty. 1) 6650 Roxbury Lane (Qty. 2) 6655 Pine Tree Lane (Qty. 1) If you have any questions, please do not hesitate to contact me at ~t. 6958 Th~k~ Nury TO: F A ¢SZMZLE "I'RANSMTTT AL SHEET FROM: Mr. ~ohn Ellis Ms. ~Tane Gregson COMPANY: BATE: City of Miami Beach 5/9/03 PAX NUMBER: TOTAL NO. OF PAGES ZNCLUDZN6 COVER: 305-673-7851 ~ PHONE NUMBER; 30§-673-74~4 CC: ~TBR, EW, MM, ER RE: [] UR6ENT X FOR REVZEW CC: I"1 PLEASE COMMENT I'1 PLEASE REPLY [] PLEASE RECYCLE NOTES/COMMENTS: ARr. Ellis, Clarifications to our standard disclaimers as follows: Warranty per attached standard warranty, Phoenix Palms Warranty not applicable, as these are all Royal Palms. Please note all of our contracts include an "Acts of God' - type of amendment, (if it is not already part of the standard contract). Z am attaching a sample of this for your reference. "All grading, excavation, berm construction, drainage - BY OTHERS" is a standard disclaimer as we are not Site Contractors. This specific proposal is for installation of Royal Palms only, but we emphasize that should we encounter site related issues such as drainage or berm requirements these have not been included in this proposal. "Proposal based upon Crane having reasonable access to planting area" - please provide locations of installations so that we can verify that there is indeed "reasonable access". To date we have only been notified that the work will take place on La &orca ]:sland. We would like to do an immediate site inspectiont 26401 SW 107 AVENUE, PRXNCETON, FL 33032 MAXN OFFZCE - (305) 25~-801l/(305) 258-0809 FAX NAPLES - (239} 598-5033 - BROWARD (954) 430-0276 "General Contractor to provide finished grade +/- 1" of final grade" is not applicable on this proposal. "Owner to carry fire, tornado and other necessary insurance" (see Acts of God note above). Please review the attached insurance certificate~that we have in force at all times. "On site soil with amendments only" is not applicable. We are including soil that will be combined with the on site soil for the best acclimation of the material. MaY u~ ud Ud:~Up [ropic$ North 3052580809 p.3 26401 $.W. 107 Ave. Prim=eton, FI 33032 305-258-8011 305-258-0809 Acts of God Disclaimer CONTRACTOR: abc samole Da~: PROJECT: abc sample Tropics North Inc., will not be hem liable for installed plant material which is damaged or dies as a result of 'Mcts qf God'; which includes, but is not limited to, hail,_freeze, excessive winds (gusts exceeeding 50 miles an hour) and lethal yellowing, provided that the p!o~t materi_nl was in healthy condition prior to these ".4cts of God". Furthermore, Tropics North Inc. is not liable for material damaged by vartda!ism, abuse, or negligence and liability is continlzent upon a_~t~ropriate maintenance practices within Tropics North Inc. 's control. Dale: For: abe ~mple The foregoing instrument was stcknowkdged before me this Individual CoFImration Agent / Owner Personally Known Type of identification: Signature of Notary: Print Name: Commission No: abe sample day of ,,oa .. ~ ua~aup ~rop~cs ~ort~ 3052580809 p.~ 26401 S.W. 107 Ave. Pdnceton, Fi 33032 305-258.8011 305-258-0809 WARRANTY CONTRACTOR: PROJECT: SAMPLE Date: DATE OF SUBSTANTIAL COblPLETION: We, TROPICS NORTH INC., subcontractor for LANDSCAPE and IRRIGATION do do hereby warrant that all labor and mnteri~,is furnished (excluding Annuals) and work performed with the above mentioned project are in accord with the Contract Documents and authorized modifications tbcroto, and will be free from defects due to defeetive materials or workmanship faf a PeFiod of one (1) year faf trees and palms and ninety (90) days for shrubs and groundeovers, from the Date of Substantial Completion. This warranty commences on: and expires on: Should any defect develop during the warranty period due to improper materials, or workmansMp the same shall, upon written nofiee by the Owner, be made good by the undersigned at no expense to the Owner. This warranty shall be null and void for plant material which is damaged or dies as a result of 'Acts of God", which include, but are not limited to, hail, freeze, excessive winds and lethal yellowing, provided that the plant material was in healthy condition prior to these "Acts of God'*. Thb warranty does not extend to material damaged by vandalism, abuse, or negligence and is contingent upon appropriate maintenance practices during the warranty period. Date: For: TROPICS NORTH INC. The foregoing instrument was acknowledged before me this Individual Corporation Agent / Owner Personally Known Type of identification: Sipature of Notary: Print Name: Commission No: day of ~2003 CITY OF MIAMI BEACH PROCUREMENT DIVISION To: From: SubJect: Micah Gravel Jane Gregson John Ellis Assistant Procurement Director (P) 305.673.7494 (F) 305.673.7851 45' ROYAL PALMS FOR LA GORCE ISLAND Date: May 8, 2003 Reference Page 4, Bid Qualifications of your facsimile for the above Project dated May 2, 2003. Please clarify the following issues: 1. You state the following; "One year warranty included" and "Phoenix Palms are only warranted per the supplier's warranty". Please clarify for this project. 2. "All grading, excavation, berm construction, drainage - BY OTHERS". Please clarify for this Project. 3. "Proposal based upon Crane having reasonable access to planting area". Please clarify for this Project. Do you have access? 4. "General Contractor to provide finished grade +/-1" of final grade". Please clarify for this Project. 5. "Owner to carry fire, tornado & other necessary insurance". Please clarify for this Project. 6. "On site soil w/amendments only". Please clarify for this Project. Please provide a written response ASAP, so that we may proceed with this important Project. If you have any questions, please contact me at 305.673.7494. ~d'ohn Ellis Assistant Procurement Director je COMPAny: FACSZA'~ZLE TRANSMZT'I'AL SHEET FAX NUma, ER: PHONE NUMBER: O URGENT FOR RENEW NOTES/COMMENTs: DA TE: TOTAL NO. OF PAGES ZNCLU~ZNG COVER: 1 [] PLEASE COMMENT [] PLEASE REPLY PLEASE RECYCLE 2640! Sw 107 AVENUE, PI~ZNCETON. FL 33032 (305) ~58-8011/(305) 256-0809 FAX WWW. T~OPZ¢$NOI~TH'TNc. COM Tropics North. FA¢SZMZLE TRANSMZTTAL SHEET TO: Jo]~ F.11is / Roma~ Marth~e~ FAX NU~ER: TOTAL NO. OF PA&ES [N~UDIN6 COVER= ~6~-~ 4 PHOHE NUMBEE: 30~6~74~ N~ M~nicu~ ~g: BCC: ~ PLEASE COMMENT 45' GW Ro~gs - Bid ~] UReENT X FOR REV/Ew NOTES/C. OI~MEhJTS: [] PLEASE REPLY PLEASE RECYCLE Mr. ~7i., / Mr. Martinez: Please review the follow~g three pages; they complete our final proposal to the City of Miami Beach for the lo Royal Palms for La Gorce Island. The references you requested will be following shortly under separate cover from Jane Gregson. Should you have any questions, please feel free to call me. Thank you and have a great weekend, Micah 26401 SW 107 AVENUE, pIA'rNCETON' FL 33032 (305) E58-aOll/(305) Z58-0809 FAX WWW. TROPZCSNORTHINC.COIK TrOl~lC~ North Landscape Customer Proposal -Page I of 2 26401 sw 107Ave Miami Be. ach - 10 Royals P~nce~,,,,. H 33032 ~ .~ .,~ ....... City of Miami Beach Project name Client Notes Miami Beach- 10 Royals City of Miami Beach Fax: 305-673-7073 SEE ATTACHED SHEETS: "CJly of Miami Beach / 10 Royal Palms {~ 45' GVV" Bid Qualifications r-none. 305-258-8Oll, Fay: 305-258-0809 "~ ....................... Tropics Nor~ £andscape 26401 SW 107 Arc Princeton, FI 33032 Customer Proposal Miami Beach - I0 Royals City of Miami Be~ch Page 2 of 2 5/2t'200 Description Roystonea elata - 45' GW collected speciman Dig Hole for Palm Palm Spec/al - Fertilizer Eucalyptus Hulch - CY Staking-- 2" x 4" x 8' Planting sand - CY WaRring schedule Takeoff Quantity 10 Each 10 Each 100 Lbs 2 Cuyd 24~ ~ch 30 Cuyd 6,~o ~1 Grand Total: $66,890.0n .= agree to do the above estimated work for the price of 66,890 dollars. The above prices specifications :1 conditions are satisfactory and hereby accepted. Payment will be made as outlined above. lnature Signature ~t Name Print Name te Date CITY OF MIAMI BEACH / 10 Royal Palms @ 45' GW Bid Oualification. SUBJECT TO AVAILABILITY AS per verbal request by the Oty of Miami Beach; no plans or specs provided. Watering for establishment included in this proposal. One year warranty included. SubJect to final approval of all ten trccs. Fees and Permits to be absorbed by TROPICS NORTH not to excccd $1000.00 (Over and above DERIVl relocation and transportation permits) ALL grading, excavation, berm construction, drainage - BY OTHERS Tmc. removal and tree relocation - BY CHANGE ORDER ONLY Proposal based upon Crane having reasonable access to planting area. ON STi'E SOIL W/AMENDMENTS ONLY. Phoenix Palms are only warranted per the supplier's warranty. In the event of repeated orders with jobsite delays, restocking and mobilization fees will be charged accordingly. THIS PROPOSAL SUPERCEDES ANY AND ALL PROPOSALS PREVZOUSLY SUBMI-ITED GENERAL CONTRACTOR TO PROVIDE FINISHED GRADE +/- l" OF F~NAL GRADE PLANTZNG SPECIF[CA'I-~ONS AND PROCEDURES: Tropics North uses soil analysis and site inspection to determine proper fertilizer supplements and topsoil requirements; planting and staking are done according to accepted planting procedures for standard landscape practices. ALL WORK TO BE COMPLETED IN A WORKNANI.[KE MANNER ACCORDING TO STANDARD PRACTZCES. ALL AGREEMENTS CONTZNGENT UPON STRZKES, ACCIDENTS OR DELAYS BEYOND OUR CONTROL. OWNER TO CARRY FIRE, TORNADO & OTHER NECESSARY ZNSURANCE. OUR WORKERS ARE FULLY COVERED BY WORKMEN'S COMPENSATION INSURANCE. I PAYMENT TO BE MADE AS FOLLOWS: C.O.D. upon completion and final acceptance. This proposal may be wrchdrawn by us if not accepted within 30 days. CITY OF MIAMI BEACH 1700 CONVENTION CENTER DRIVE, MIAMI BEACH, FLORIDA 33139 http:~twww.miamibea c h II .gov PROCUREMENT DIVISION Telephone (305) 673-7490 Facsimile (305) 673-7851 QUOTE NO. 001-031RM The City of Miami Beach Procurement Division, 3rd Floor, 1700 Convention Center Drive, Miami Beach, Florida 33139 will receive quotes until 3:00 p.m. on March 21,2003 for: SUPPLY, DELIVERY AND INSTALLATION OF ROYAL PALMS 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, delivery and installation of 15 (Est. Qty.) Florida Royal Palms (Roystonea elata) with a minimum 45' of Grey Wood height as specified on the bid form, and in conformance to the attached 'City of Miami Beach Typical Palm Planting Detail'. A Bid Guaranty is not required for this bid. The successful bidder will be required to furnish Performance and Payment Bonds, each in the amount of one hundred (100%) percent of the Contract amount. Any questions or clarifications concerning this Bid can be made by calling 305.673.7493 of 7494. Questions may also be faxed to 305.673.7851. The Quote and title/number shall be referenced on all correspondence. The City of Miami Beach reserves the right to accept any proposal, bid or quote deemed to be in the best interest of the City of Miami Beach, or waive any informality in any proposal or bid. The City of Miami Beach may reject any and all proposals or bids. YOU ARE HEREBY ADVISED THAT THIS INVITATION TO QUOTE IS SUBJECT TO THE BID SOLICITATION PROTEST ORDINANCE NO. 2002-3344. CITY OF MIAMI BEACH Gus Lopez, CPPO Procurement Director QUOTE NO. 001-03/RM CITY OF MIAMI BEACH DATE: 03/14/03 2 SUPPLY, DELIVERY AND INSTALLATION OF ROYAL PALMS QUOTE NO. 001-031RM 1.0 GENERAL CONDITIONS 1.1 1.2 1.3 1.4 QUOTES: Original copy of Bid Form and the Insurance Acknowledgement Form are to be returned in order for theQUOTE 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 can be hand delivered on an envelope clearly marked with the Quote~ and Title to the City of Miami Beach Procurement Director, 3rd floor, 1700 Convention Center Drive, Miami Beach, Florida 33139 or can be faxed to the Procurement Division 305.673.7851. EXECUTION OF BID: Bid must contain a manual signature of an authorized representative in the space provided on the Bid Form. Failure to properly sign bid shall invalidate same and it shall NOT be considered for award. All bids must be completed in pen and ink or typewritten. No erasures are permitted. If a correction is necessary, draw a single line through the entered figure and enter the corrected figure above it. Corrections must be initialed by the person signing the bid. Any illegible entries, pencil bids or corrections not initialed will not be tabulated. The original bid conditions and specifications CANNOT be changed or altered in any way. Altered bids will not be considered. Clarification of bid submitted shall be in letter form, signed by bidders and attached to the bid. NO BID: If not submitting a bid, respond by returning the enclosed bid form questionnaire, and explain the reason. Repeated failure to bid without sufficient justification shall be cause for removal of a supplier's name from the bid mailing list. PRICES QUOTED: Deduct trade discounts and quote firm net pdces. Give both unit price and extended total, when requested. Prices must be stated in units of quantity specified in the bidding specifications. In case of discrepancy in computing the a mount of the bid, the UNIT PRICE quoted will govem. 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). QUOTE NO. 001-03/RM CITY OF MIAMI BEACH DATE: 03/14/03 3 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 Number is 04-00097-09-23. MISTAKES: Bidders ars expected to examine the specifications, delivery schedules, bid prices and extensions and all instructions pertaining to supplies and services. Failure to do so will be at the bidder's risk. CONDITION AND PACKAGING: It is understood and agreed that any item offered or shipped as a result of this bid shall be the latest new and current model offered (most current production model at the time of this bid). All containers shall be suitable for storage or shipment, and ail prices shall include standard commercial packaging. UNDERWRITERS' LABORATORIES: Unless otherwise stipulated in the bid, all manufactured items and fabricated assemblies shall be U.L. listed or rs-examination listing where such has been established by U.L. for the item(s) offered and furnished. BIDDER'S CONDITIONS: The City Commission reserves the right to waive irregularities or technicalities in bids or to reject all bids or any part of any bid they deem necessary for the best interest of the City of Miami Beach, FL. EQUIVALENTS: If bidder offers makes of equipment or brands of supplies other than those specified in the following, he must so indicate on his bid. Specific article(s) of equipment/supplies shall conform in quality, design and construction with all published claims of the manufacturer. Brand Names: Catalog numbers, manufacturers' and brand names, when listed, ars 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 p roduct(s) offered conform with or exceed quality as listed in the specifications. Bidder shall indicate on the bid form the manufacturer's name and number if bidding other than the specified brands, and shall indicate ANY deviation from the specifications as listed. Other than specified items offered requires complete descriptive technical literature marked to indicate detail(s) conformance with specifications and MUST BE INCLUDED WITH THE BID. NO BIDS WILL BE CONSIDERED WITHOUT THIS DATA. Lacking any written indication of intent to quote an alternate brand or model number, QUOTE NO. 001-03/RM CITY OF MIAMI BEACH DATE: 03114/03 4 the bid will be considered as a bid in complete compliance with the specifications as listed on the attached form. 1.11 (NOT USED) 1.12 (NOT USED) 1.13 NON-CONFORMANCE TO CONTRACT CONDITIONS: Items may be tested for compliance with specifications. Item delivered, not conforming to specifications, may be rejected and returned at vendor's expense. These items and items not delivered as per delivery date in bid and/or purchase order may be purchased on the open market. Any increase in cost may be charged against the bidder. Any violation of these stipulations may also result in: A) Vendor's name being removed from the vendor list. B) All departments being advised not to do business with vendor. 1.14 SAMPLES: Samples of items, when required, must be furnished free of expense and, if not destroyed, will, upon request, be returned at the bidder's expense. Bidders will be responsible for the removal of all samples furnished within (30) days after bid opening. All samples will be disposed of after thirty (30) days. Each individual sample must be labeled with bidder's name. Failure of bidder to either deliver required samples or to clearly identify samples may be reason for rejection of the bid. Unless otherwise indicated, samples should be delivered to the Procurement Division, 1700 Convention Center Drive, Miami Beach, FL 33139. 1.15 DELIVERY: Unless actual date of delivery is specified (or if specified delivery cannot be met), show number of days (in calendar days) required to make delivery after receipt of purchase order, in space provided. Delivery time may become a basis for making an award. Delivery shall be within the 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 (NOTUSED) 1.18 AWARDS: In the best interest of the City of Miami Beach, the City Commission reserves the right to reject all bids or any portion of any bid they deem necessary for the best interest of the City; to accept any item or group of items unless qualified by the bidder; to acquire additional quantities at prices quoted on the Bid Form unless additional quantities are not acceptable, in which case the Bid Form must be noted "BID IS FOR SPECIFIED QUANTITY ONLY". All awards madeas a result of this bid shall conform to applicable Florida Statutes. QUOTE NO. 001-03/RM CITY OF MIAMI BEACH DATE: 03/14/03 5 1.19 1.20 1.21 QUOTE RECEIPT: Quotes shall be received by the date and time and place specified on the Bid Form. All quotes received after the date, time, and place shall be refused and returned. INSPECTION, ACCEPTANCE & TITLE: inspection and acceptance will be at destination unless otherwise provided. Title to/or risk of loss or damage to ail items shall be the responsibility of the successful bidder until acceptance by the buyer unless loss or damage result from negligence by the buyer. If the materials or services supplied to the City are found to be defective or not conform to specifications, the City reserves the dght to cancel the order upon written notice to the seller and return product at bidder's expense. PAYMENT: Payment will be made by the City after the items awarded to a vendor have been received, inspected, and found to comply with award specifications, free of damage or defect and properly invoiced. 1.22 DISPUTES: In case of any doubt or difference of opinion as to the items to be furnished hereunder, the decision of the City shall be final and binding on both parties. 1.23 LEGAL REQUIREMENTS: Federal, State, county and city laws, ordinances, rules and regulations that in any manner affect the items covered herein apply. Lack of knowledge by the bidder will in no way be a cause for relief from responsibility. 1.24 (NOT USED) 1.25 (NOTUSED) 1.26 PATENTS & ROYALTIES: The bidder, without exception, shall indemnify and save harmless the City of Miami Beach, Florida and its employees from liability of any nature or kind, including cost and expenses for, or on account of, any copyrighted, patented, or unpatented invention, process, or article manufactured or used in the performance of the contract, including its use by The City of Miami Beach, Florida. If the bidder uses any design, device or materials covered by letters, patent, or copyright, it is mutually understood and agreed, without exception, that the bid pdces shall include all royalties or cost arising from the use of such design, device, or materials in anyway involved in the work. 1.27 OSHA: The bidder warrants that the product supplied to the City of Miami Beach, Fiodda 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 condifion 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. QUOTE NO. 001-03/RIM CITY OF MIAMI BEACH DATE: 03/14/03 6 .28 1.29 1.30 1.31 SPECIAL CONDITIONS: Any and all Special Conditions that may vary from these General Conditions shall have precedence. ANTI-DISCRIMINATION: The bidder certifies that he/she is in compliance with the non-discrimination clause contained in Section 202, Executive Order 11246, as amended by Executive Order 11375, relative to equal employment opportunity for all persons without regard to race, color, religion, sex or national origin. 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 the Heidi Johnson Wright at the Public Works Department at 305.673-7080. QUALITY: All materials used for the manufacture or construction of any supplies, materials or equipment covered by this bid shall be new. The items bid must be new, the latest model, of the best quality, and highest grade workmanship. 1.32 (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 ora bid award, the successful bidder will assume the full duty, obligation and expense of obtaining all necessary licenses, permits and insurance and assure all work complies with all applicable Dade County and City of Miami Beach building code requirements and the South Florida Building Code. The bidder shall be liable for any damages or loss to the City occasioned by negligence of the bidder (or agent) or any person the bidder has designated in the completion of the contract as a result of his or her bid. 1.34 BID BONDS, PERFORMANCE BONDS, CERTIFICATES OF INSURANCE: Bid Bonds, when required, shall be submitted with the bid in the amount specified in Special Conditions. After acceptance of bid, the City will notify the successful bidder l~ submit a performance bond and certificate of insurance in the amount specified in Special Conditions. 1.35 DEFAULT: Failure or refusal of a bidder to execute a contract upon award, or withdrawal of a bid before such award is made, may result in forfeiture of that portion of any bid surety required equal to liquidated damages 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 bidder's list. QUOTE NO. 001-031RM CITY OF MIAMI BEACH DATE: 03/14/03 7 1.36 1.37 1.38 1.39 1.40 1.41 CANCELLATION: In the event any of the provisions of this bid are violated by the contractor, the Procurement Director shall give written notice to the contractor stating the deficiencies and unless deficiencies are corrected within ten (10) days, recommendation will be made to the City Commission for immediate cancellation. The City Commission of Miami Beach, Florida reserves the right to terminate any contract resulting from this invitation at any time and for any reason, upon giving thirty (30) days prior written not]ce to the other party. BILLING INSTRUCTIONS: Invoices, unless otherwise indicated, must show purchase order numbers and shall be submitted in DUPLICATE to the City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139. (NOT USED) (NOT USED) NOTE TO VENDORS DELIVERING TO THE CITY OF MIAMI BEACH: Receiving hours are Monday through Friday, excluding holidays, from 8:30 A.M. to 5:00 P.M. SUBSTITUTIONS: The City of Miami Beach, Florida WILL NOT accept substitute shipments of any kind. Bidder(s) is expected to furnish the brand quoted in their bid once awarded. Any substitute shipments will be returned at the bidder's expense. 1.42 FACILITIES: The City Commission reserves the right to inspect the bidder's facilities at any time with prior notice. 1.43 BID TABULATIONS: Bidders desiring a copy of the bid tabulation may request same by enclosing a self- addressed stamped envelope with the bid. 1.44 PROTESTPROCEDURES: Vendors that ara not selected may protest any recommendation for purchase order, standing order or contract award in accordance with City of Miami Beach Ordinance No. 2002-3344, which establishes procedures for resulting protested Quotes and proposed awards. Protest not timely pursuant to the requirements of Ordinance No. 2002-3344 shall be barred. 1.45 (NOT USED) QUOTE NO. 001-03/RM CITY OF MIAMI BEACH DATE: 03/14/03 8 1.46 1.47 CLARIFICATION AND ADDENDA TO BID SPECIFICATIONS: If any person contemplating submitting a Bid under this Solicitation is in doubt as to the true meaning of the specifications or other Bid documents or any part thereof, the Bidder must submit to the City of Miami Beach Procurement Director at least ten (10) calendar days prior to scheduled Bid opening, a request for clarification. All such requests for clarification must be made in wdting 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 odginal Contract Documents, Addendum shall govern all other Contract Documents to the extent specified. Subsequent addendum shall govern over prior addendum only to theextent 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. DEMONSTRATION OF COMPETENCY: 1) Pre-award inspection of the Bidder's facility may be made prior to the award of contract. Bids will only be considered from firms which are regularly engaged in the business of providing the goods and/or services as described in this Bid. Bidders must be able to demonstrate a good record of performance for a reasonable pedod of time, and have sufficient financial support, equipment and organization to insure that they can satisfactorily execute the services if awarded a contract under the terms and conditions herein stated. The terms "equipment and organization" as used herein shall be construed to mean a fully equipped and well established company in line with the best business practices in the industry and as determined by the City of Miami Beach. 2) The City may consider any evidence available regarding the financial, technical and other qualifications and abilities of a Bidder, including past performance (experience) with the City in making the award in the best interest of the City. 3) The City may require Bidders to show proof that they have been designated as authorized representatives of a manufacturer or supplier which is the actual source of supply. In these instances, the City may also require material information from the source of supply regarding the quality, packaging, and characteristics of the products to be supplies to the City through the designated representative. Any conflicts between this matedal information provided by the source of supply and the information contained in the Bidder's Proposal may render the Bid non-responsive. QUOTE NO. 001-03/RM CH'¥ OF MIA.MI BEACH DATE: 03/14/03 9 1.48 1.49 1.50 4) The City may, dudng the pedod that the Contract between the City and the successful Bidder is in force, review the successful Bidder's record of performance to insure that the Bidder is continuing to provide sufficient financial support, equipment and organization as prescribed in this Solicitation. Irrespective of the Bidder's performance on contracts awarded to it by the City, the City may place said contracts on probationary status and implement termination procedures if the City determines that the successful Bidder no longer possesses the financial support, equipment and organization which would have been necessary dudng the Bid evaluation period in order to comply with this demonstration of competency section. DETERMINATION OF AWARD The Procurement Director shall issue a pumhase order, standing order to the vendor who submitted the lowest and best quote. In determining the lowest and best quote, in addition to price, there shall be considered the following: The ability, capacity and skill of the vendor to perform. Whether the vendor can perform the work within the time specified, without delay or interference. The character, integrity, reputation, judgment, experience and efficiency of the vendor. The quality of performance of previous projects. The previous and existing compliance by the vendor with laws and ordinances. ASSIGNMENT: The contractor shall not assign, transfer, convey, sublet or otherwise dispose of this contract, including any or all of its dght, title or interest therein, or his or its power to execute such contract to any person, company or corporation without pdor wdtten 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 laws, ordinances, regulations and building code requirements applicable to the work contemplated herein. 1.51 OPTIONAL CONTRACT USAGE: As provided in Section 287.042 (17), Florida Statutes, other State agencies may pumhase from the resulting contract, provided the Department of Management Services, Division of Procurement, has certified its use to be cost effective and in the best interest of the State. Contractors have the option of selling these commodities or services certified by the Division to the other State agencies at the agencies option. 1.52 SPOT MARKET PURCHASES: It is the intent of the City to pumhase 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. QUOTE NO. 001-03/RM CITY OF MIAMI BEACH DATE: 03/14/03 10 1.53 ELIMINATION FROM CONSIDERATION 1.54 This bid solicitation shall not be awarded to any person or firm which is in arrears to the County upon any debt, taxes or contracts which are defaulted as surety or otherwise upon any obligation to the County. WAIVER OF INFORMALITIES The City reserves the right to waive any informalities or irregularities in this bid solicitation. 1.55 1.56 1.57 1.58 ESTIMATED QUANTITIES Estimated quantities or estimated dollars, if provided, are for City guidance only. No guarantee is expressed or implied as to quantities or dollars that will be used during the contract period. The City is not obligated to place any order for a given amount subsequent to the award of this Quote solicitation. Estimates are based upon the City's actual needs and/or usage dudng a previous contract pedod. The City for purposes of determining the Iow vendor meeting specifications may use said estimates. COLLUSION Bids from related parties. Where two (2) or more related parties each submit a bid or proposal for any contract, such bids or proposals shall be presumed to be collusive. The foregoing presumption may be rebutted by presentation of evidence as to the extent of ownership, control and management of such related parties in the preparation and submittal of such bids or proposals. Related parties mean bidders or proposers or the principals thereof which have a direct or indirect ownership interest in another bidder or proposer for the same contract or in which a parent company or the principals thereof of one (1) bidder or proposer have a direct or indirect ownership interest in another bidder or proposer for the same contract. Bids or proposals found to be collusive shall be rejected. Bidders or Proposers who have been found to have engaged in collusion may be considered non-responsible, and may be suspended or debarred, and any contract resulting from collusive bidding may be terminated for default. DISPUTES In the event of a conflict between the documents, the order of priodty of the documents shall be as follows: · Any agreement resulting from the award of this Bid (if applicable); then · Addenda released for this Bid, with the latest Addendum taking precedence; then · The Bid; then · Awardee's Bid. REASONABLE ACCOMMODATION In accordance with the Title II of the Americans with Disabilities Act, any person requiring an accommodation at the RFP opening because of a disability must contact QUOTE NO. 001-03/RM CITY OF MIAMI BEACH DATE: 03114/03 ! 1 .59 1.60 1.61 1.62 1.63 Heidi Johnson Wright at the Public Works Department at (305) 673-7080. GRATUITIES Proposers shall not offer any gratuities, favors, or anything of monetary value to any official, employee, or agent of the City, for the purpose of influencing consideration of this proposal. SIGNED BID CONSIDERED AN OFFER The signed bid shall be considered an offer on the part of the bibber or contractor, which offer shall be deemed accepted upon approval by the City Commission of the City of Miami Beach, Florida and in case of default on the part of successful bidder or contractor, after such acceptance, the City may procure the items or services from other sources and hold the bidder or contractor responsible for any excess cost occasioned or incurred thereby. Additionally, the City may take such action. BID CLARIFICATION: Any questions or clarifications conceming this Invitation to Bid shall be submitted in writing by mail or facsimile to the Procurement Department, 1700 Convention Center Drive, Miami Beach, FL 33139 FAX: (305) 673-7851. The bid title/number shall be referenced on all correspondence. All questions must be received no later than ten (10) calendar days prior to the scheduled bid opening date. All responses to questions/clarifications will be sent to all prospective bidders in the form of an addendum. NO QUESTIONS WILL BE RECEIVED VERBALLY OR AFTER SAID DEADLINE. TIE BIDS: Please be advised that in accordance with Flodda Statues Section 287.087, regarding identical tie bids, preference will be given to vendors certifying that they have implemented a drug free work place program. A certification form will be required at that time. PUBLIC ENTITY CRIMES (PEC): A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity cdmes may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, sub-contractor, or consultant under a contract with a public entity , and may not transact business with any public entity in excess of the threshold amount provided in Sec. 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. QUOTE NO. 001-03/RM CITY OF MIAMI BEACH DATE: 03114/03 12 2.0 2.1 2.5 2.6 2.7 2.8 SUPPLY, DELIVERY AND INSTALLATION OF ROYAL PALMS QUOTE NO. 001-031RM SPECIAL CONDITIONS PURPOSE: The purpose of this bid is to establish a contract, by means of quotes to a qualified contractor, for the supply, delivery and installation of 15 (Est. Qty.) Flodda Royal Palms (Roystonea elata) with a minimum 45' of Grey Wood height as specified on the bid form. 2.2 METHOD OF AWARD: Award of this contract will be made to the lowest responsive, responsible and best bidder(s) whose bid will be most advantageous to the City of Miami Beach. 2.3 PAYMENT: Full payment will be made upon acceptance of a complete unit(s). No down or partial down payments will be made. 2.4 DELIVERY TIME: Vendors shall specify on the attached Bid Form, the guaranteed delivery time (in calendar days) for each item. ADDITIONS/DELETIONS OF FACILITIES: NIA PRICES SHALL BE FIXED AND FIRM FOR TERM OF CONTRACT: NIA PRE-BID CONFERENCE/SITE INSPECTION: (N/A) 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 hjury to property or persons used or employed on or in connection with the work and of all damage or injury to any person or property wherever located, resulting from any action or operation under the contract or in connection with the work. It is understood and agreed that at all times the contractor is acting as an independent contractor. QUOTE NO. 001-03/RM CITY OF MIAMI BEACH DATE: 03/14/03 13 The contractor, at all times during the full duration of work under this contract, including extra work in connection with this project shall meet the following requirements: Maintain Worker's Compensation and Employer's Liability Insurance to meet the statutory requirements of the State of Florida. Maintain Comprehensive General Liability Insurance in amounts prescribed by the City (see checklist for limits) to protect the contractor in the interest of the City against all risks of injury to persons (including death) or damage to property wherever located resulting from any action or operation under the contract or in connection with the work. This policy is to provide coverage for premises/operations, independent contractor, broad form property damage, products/completed operations and contractual liability. Maintain Automobile Liability Insurance including Property Damage covedng all owned, non-owned or hired automobiles and equipment used in connection with the work. Maintain any additional coverages required by the Risk Manager as indicated on the Insurance Check List. Name the City of Miami Beach as an additional insured on all liability policies required by this contract. When naming the City of Miami Beach as an additional insured onto your policies, the insurance companies hereby' agree and will endorse the policies to state that the City will not be liable for the payment of any premiums or assessments. A copy of the endorsement(s) naming the City of Miami Beach as an additional insured is required and must be submitted to the City's Risk Manager. No change or cancellation in insurance shall be made without thirty (30) days written notice to the City of Miami Beach Risk Manager. 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. Odginal signed Certificates of Insurance, evidencing such coverages and endorsements as required herein, shall be filed with and approved by the City of Miami Beach Risk Manager before work is started. The certificate must state Bid Number and Title. Upon expiration of the required insurance, the contractor must submit updated certificates of insurance for as long a period as any work is still in progress. It is understood and agreed that all policies of insurance provided by the contractor are primary coverage to any insurance or self-insurance the City of Miami Beach possesses that may apply to a loss resulting from the work performed in this contract. QUOTE NO. 001-03/RM CITY OF MIAMI BEACH DATE: 03/14/03 14 All policies issued to cover the insurance requirements herein shall provide full coverage from the first dollar of exposure. No deductibles will be allowed in any policies issued on this contract unless specific safeguards have been established to assure an adequate fund for payment of deductibles by the insured and approved by the City's Risk Manager. The liability insurance coverage shall extend to and include the following contractual indemnity and hold harmless agreement: 'q'he contractor hereby agrees to indemnify and hold harmless the City of Miami Beach, a municipal corporation, its officers, agents, and employees from all claims for bodily injuries to the public in and up to the amount of $1,000,000.00 for each occurrence and and for all damages to the property of others in and up to the amount of $1,000,000.00 for each occurrence per the insurance requirement under the specifications including costs of investigation, all expenses of litigation, including reasonable attorney fees and the cost of appeals arising out of any such claims or suits because of any and all acts of omission or commission of any by the contractor, his agents, servants, or employees, or through the mere existence of the project under contract". The foregoing 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 contractor will notify his insurance agent without delay of the existence of the Hold Harmless Agreement contained within this contract, and furnish a copy of the Hold Harmless Agreement to the insurance agent and carrier. The contractor will obtain and maintain contractual liability insurance in adequate limits for the sole purpose of protecting the City of Miami Beach under the Hold Harmless Agreement from any and all claims arising out of this contractual operation. The contractor will secure and maintain policies of subcontractors. All policies shall be made available to the City upon demand. Compliance by the contractor and all subcontractors with the foregoing requirements as to carrying insurance and furnishing copies of the insurance policies shall not relieve the contractor and all subcontractors of their liabilities and obligations under any Section or Provisions of this contract. Contractor shall be as fully responsible to the City for the acts and omissions of the subcontractor and of persons employed by them as he is for acts and omissions of persons directly employed by him. Insurance coverage required in these specifications shall be in force throughout the contract term. Should any awardee fail to provide acceptable evidence of current insurance within seven days of receipt of wdtten notice at any time during the contract term, the City shall have the right to consider the contract breached and justifying the termination thereof. QUOTE NO. 001-03/RM CITY OF MIAMI BEACH DATE: 03/14/03 1 $ If bidder does not meet the insurance requirements of the specifications; alternate insurance coverage, satisfactory to the Risk Manager, may be considered. It is understood and agreed that the inclusion of more than one insured under these policies shall not restdct the coverage provided by these policies for one insured hereunder with respect to a liability claim or suit by another insured hereunder or an employee of such other insured and that with respect to claims against any insured hereunder, other insureds hereunder shall be considered members of the public; but the provisions of this Cross Liability clause shall apply only with respect to liability arising out of the ownership, maintenance, use, occupancy or repair of such portions of the premises insured hereunder as ara not reserved for the exclusive use of occupancy of the insured against whom claim is made or suit is filed. QUOT~ NO. 001-03/RM CITY OF MIAMI BEACH DATE: 03114/03 16 INSURANCE CHECK LIST ~ 1. Workers' Compensation and Employer's Liability per the Statutory limits of the state of Florida. XXX2. Comprehensive General Uability (occurrence form), limits of liability }. 1,000,000.00 per occurrence for bodily injury property damage to include Premises/Opera§ons; Products, Completed Operations and Contractual Liability. Corttractual Liability and Contractual Indemnity (Hold harmless endorsement exactly as written in "insurance requirements" of specifications). XX~.... 3. Automobile Liability - $1,000,000 each occurrence - owned/non-owned/hired automobiles included. 4. Excess Liability - $ ~.~ aoo, o~o.00 per occurrence to follow the primary coverages. XXX 5. 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 $. .00 Liquor Liability $. .00 dire Legal Liability $ .00 roteclfon and Indemnity $ I~eeef ~,,~ .00 mployee Dfshonesty Bond $ .?~ e~e~ ee~.O0 Other $_ .00 XXX ?. Thidy (30) days written cancellation notice required. XXX 8. Be..st's guide rating B+:VI or better, latest edition. XXX 9. The certificate must state the bid number and title BIDDER AND INSURANCE AGENT STATEMENT: We understand the Insurance Requirements of these specifications and~hat'~ce of this insurance may be required wil~in five (5) days after bid op§ning. Bidder Signature officer NO. 001-03/3~M ~x-l~ O1~ MIAM~'nt-4~H 03/14/03 19 2.9 2.10 2.11 2.12 2.13 2.14 2.15 2.16 2.17 2.18 2.19 2.20 VENDOR APPLICATION The City has contracted with DemandStar by Onvia as our electronic procurement service for automatic notification of bid opportunities and document fulfillment. We encourage you to participate in this bid notification system. To find out how you can receive automatic bid notificationsgo to www.demandstar.com or call toll-frae 1-800-711-1712. 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://www.miamibeachfl.qov. CONTACT PERSON: NIA SAMPLES: NIA BID, PERFORMANCE, AND BUDGET A Bid Bond will not be required. The successful bidder will be required to furnish Performance and Payment Bonds, each in the amount of one hundred (100%) percent of the Contract amount. LIQUIDATED DAMAGES: Vendor shall specify in the space provided the guaranteed delivery time. If the successful bidder fails to deliver within the specified delivery time, it is understood that $ 50.00 per calendar day per item will be deducted, as liquidated damages, for each day beyond the specified delivery time. DISCOUNTS (From published price lists): NIA ESTIMATED QUANTITIES: NIA GUARRANTY: The successful bidder will be required to provide one-year guarranty on all palm trees supplied. The Guarranty, at a minimum, must meet/include the specified requirement(s) in Section 3.0. (Minimum Specifications) The complete Guarranty shall be described in detail on the attached Bid Form. PRODUCT/CATALOG INFORMATION: NIA REFERENCES (PROVIDE 8 REFERENCES, PLEASE SEE PAGE 25) COMPLETE PROJECT REQUIRED: NIA FACILITY LOCATION: The City will provide planting locations to the selected contractor. QUOTE NO. 001-03/RM CITY OF MIAMI BEACH DATE: 03/14/03 18 2.21 2.29 2.30 2.31 2.32 BIDDER QUALIFICATIONS: In order for bids to be considered, bidders must submit with their bid, evidence that they are qualified to satisfactorily perform the specified work. Evidence shall includeall information necessary to certify that the bidder: maintains a permanent place of business; has technical knowledge and practical experience in the type of equipment included in this scope of work; has available the organization and qualified manpower to do the work; has adequate financial status to meet the financial obligations incident to the work; has not had just or proper claims pending against him or his work; and has supplied, delivered and installed Palm Trees as specified within the bid form in this document. The evidence will consist of listing of work that has been provided to public and private sector clients, ie. nature of work and number of units (includes supply, delivery and installation) within the last three (3) years. (This will b e required only from the selected Contractor to perform the work) LATE BIDS: Any bids or proposals received after time and date specified will be returned to the bidder unopened. The responsibility for submitting a bid/proposal before the stated time and date is solely and strictly the responsibility of the bidder/proposer. The City is not responsible for delays caused by mail, courier service, including U.S. Mail, or any other occurrence. EXCEPTIONS TO SPECIFICATIONS: NIA 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 can be sent to the City via Courier or Faxed in to 305.673.7851. MAINTENANCE AGREEMENT: Please see Section 3.0 of the Minimum Specifications. QUOTE NO. 001-03/RM CITY OF MIAMI BEACH DATE: 03/14/03 19 SUPPLY, DELIVERY AND INSTALLATION OF ROYAL PALMS QUOTE NO. 001-031RM 3.0 MINIMUM SPECIFICATIONS GENERAL Material, delivery and installation shall comply with the requirements and specifications of the State of Florida Department of Agriculture and Consumer Services (FDOA), Grades and Standards for Nursery Plants - all parts, most recent edition. Plant material shall be in full and strict accordance with Florida #1 grade or better. Palms shall be healthy and vigorous, free of disease, insects, and pests and their eggs, and larvae. No penciling of green trunk; upper green trunks should be as thick in diameter as the top of the grey bark trunks. No scars, nicks, or discolorations on the grey bark trunks. Large, lush, green crowns with healthy new growth. Palms shall be free of physical damage such as scrapes, scars, bark abrasions, etc. Mulch shall be Eucalyptus grade A, clean and free of seeds and deleterious materials. Palms shall be guaranteed to be healthy, vigorous, and thriving for a period of one year after the date of acceptance by the City. Dead palms shall be replaced immediately (within 30 days of written notification) with equal or better materials. Contractor shall make periodic inspections during the warranty period, as deemed necessary, to inspect the palms for insects, disease, and fertilization. In the event of decline from the aforementioned circumstances, the Contractor shall immediately provide to the City a written schedule for maintenance or treatment so the City may treat the condition. Two weeks prior to expiration of the warranty period, Contractor shall contact City and both shall assess the current condition of the palms, including any needed replacements. Each palm shall be watered every day for the first two weeks, three times a week for the following month, and then once a week from that point (6 weeks) until trees have been planted for 90 days. (20 gallons per tree per day). Contractors will I:rovide for all utility checks and obtain all required State, County, and Municipal Permits. QUOTE NO. 001-03/RM CITY OF MIAMI BEACH DATE: 03/14/03 20 Contractor to use City of Miami Beach Typical Palm Planting Detail (attached) for all plantings within this scope of work. 10. Contractor will take care not to damage existing conditions and shall be responsible to repair damages should they occur. 11. Any materials not meeting the specifications herein, or as attached or referenced, shall be rejected. Contractor shall remove any and all materials immediately from the site if rejected. The City shall not be responsible for any additional costs, labor, time, or other. 12. Contractor to submit, for the City's approval and prior to installation, bark mulch and amended soil mix. This submittal may be done on site. Should the materials be rejected, the City shall not be responsible for any additional costs, labor, time, or other. Minimum Requirements: Please refer to Section 221 - BIDDER QUALIFICATIONS. QUOTE NO. 001-03/RM C[1¥ OF MIAMI BEACH DATE: 03/14/03 21 TO:gJ056737851 SUPPLY, DEUVERY AND INSTALLATION OF ROYAL PALMS QUOTE NO. 001-03/RM We pro~xm to supS, de~v~r, an~ ~ 18 (Est. Qty.) F~or~= R=y~ Palms (1;~oy~nea e~) w~h a minimum 45' of GreyWood heighL Our quote prk;es w~ll remain valid u~l June 1, 2004 forths below specified Palms in accordance with these bid docume,,'~ (8=ope of Work). All work must be compbi~d wrddn 30 days from Notice to Proceed. Furthermore, all workMUET be per~lTnecl during the r~o,,;:, of April, and final compl~on the f;,a~ week in May 2003. Determination of Awanl of ~ Contn~ w{ll be based on the lowest and best biddeCs ~;a; amount under Option I. However, the City res~ves the ~ght/op~on to purchase enynumber of Palms (leas than or in addllion to ESL Qty., without penalty) based on Unit Pri=e provided by the bidder. Une Item (45' G.W.) Ro~la Rc~ral Palms (7 min. 122 m~x.) EST. QTY. Unit Price GrandTml CONSIDERED PART OF THE BID MUST BE SUBMITTED IN DUPLICATE. SUBMITTED BY: COMPANY NAME: 51GNED: (I cerWy th.t I am .utlmrbed to exeo ~ proposal and ~ommlt the bidding firm) Bidders .must acknoM~lge ~t;elpt of addendum (if applieab~e). Amendment No. 1' N~.~.~ Amendment No. 2:,, NiP' , QUO'I~ h'o, 0Ol.e34~M CITY OFMIAMIBEACH ~-~-=~-=~ *E;*~ ~UI'I:i~U~ NU~IH ~hLE~ ~05 ~8 0809 T0:930567~7851 P:i FA¢~ZMZLI:: TRAN~/AZTTAL $1-1EET TO: Ropan Martinez Mie~ Oravel COMPANY: DATE: City of Miami Beach 3/21/2003 FAX NUMBER: TOTAL NO. OF PAGES I'NCLUDZNG COVER: 305-673-7851 5 PHONE NUMBER: CC: 305-6~74~ QUOTE OOl-O3/RM NOT~S/COD. MENT$: [] PLEASE COMMENT I'1 PLEASE I~EPLY PLEASE ~ECYCLE Mr. Marline. z: The following four sheets include pages ~7 and ~, ofthe City's bid schedule for this project along with add and deduct options (in duplicate). We appreciate the opportunity to bid on this project, please call me if you have any question regarding our proposal. Have a great weekend, 9elicalf rave£ 26401 SW' 107 AVENUE, PRINCETON. FL 3303Z {305) 258-8,011/(305) 2§8-0809 FAX WWW.TROPZCSNORTHrNC.COM City of Miami Beach project: 001-03/F,M · 15 Royal Palms with 45' Grey Wood T0:93056737851 P:4 Qualifications: TROPICS NORTH, INC. COMPLETE LANDSCAPE MANAGEMENT Unit Price of $6689.00 based upon a minimum quantity of seven palms and a maximum quantity of twenty-two palms. Per sheet 22 of the City of Miami Beach bid schedule for this project, all work to be completed during the month of April 2003. Deduct_Alternate: Subtract $1751.00 from the UNIT PRICE if year warranty is removed from project. Add Alternate: Per supplier, recommended amount of water for a 45' GW Royal Palm at time of planting is a minimum of I00 gallons/per day for the first 14 days. The additional recommended watering would add $1198.00 to the UNIT PRICE. ALL permits, fees, grading, excavation, berm construction, drainage, ~ BY OTHERS In the event of repeated orders with jobsite delays, restocking and mobilization fees will bo charged accordingly. THIS PROPOSAL SUPERCEDES ANY AND ALL PROPOSALS PREVIOUSLY SUBMITTED GENERAL CONTRACTOR TO PROVIDE FINISHED GRADE +/- 1" OF FINAL GRADE PLANTING SPECIFICATIONS AND PROCEDURES: Tropics North uses soil analysis and site inspection to determine proper fertilizer supplements and topsoil requirements; planting and staking are done according to accepted planting procedures for standard landscape practices. ALL WORK TO BE COMPLETED IN A WORKMANLIKE MANNER ACCORDING TO STANDARD PRACTICES. ALL AGREEMENTS CONTINGENT UPON STRIKES, ACCIDENTS OR DELAYS BEYOND OUR CONTROL. OWNER TO CARRY FIRE, TORNADO & OTHER NECESSARY INSURANCE. OUR WORKERS ARE FULLY COVERED BY WORKMEN'S COMPENSATION INSURANCE. PAYMENT TO BE MADE AS FOLLOWS: per contract draw This proposal may be withdrawn by us if not accepted within 30 days. '1 $.W. 107AVENUE · PRINCETON, FLORIDA 33032 PHONE (305) 258-8011 -FAX (305) 258-080 15 Royal Palms with 45' Grey Wood 305 858 0809 To:gJ056737851 P:5 cations: TROPICS NORTH, INC. COMPLETE LANDSCAPE MANAGEMENT Unit Price of $6689.00 based upon a minimum quantity of seven palms and a maximum quantity of twenty-two palms. Per sheet 22 of the City of Miami Beach bid schedule for this project, all work to be completed during thc month of April 2003. Deduct Alternate: Subtract $I 75 i.00 from the UNIT PRICE if year warranty is removed from project. Add Alternate: Per supplier, recommended amount of water for a 45' GW Royal Palm at time of planting is a minimum of 100 gallons/per day for the first 14 days. The additional recommended watering would add $I 198.00 to the UNIT PRICE. ALL permits, fees, grading, excavation, berm construction, drainage, - BY OTHERS In the event ofrepuated orders withjobsite delays, restocking and mobilization fees will be charged accordingly. THIS PROPOSAL SUPERCEDES ANY AND ALL PROPOSALS PREVIOUSLY SUBMI'I'rED GENERAL CONTRACTOR TO PROVIDE FINISHED GRADE +/- i" OF FINAL GRADE PLANTING SPECIFICATIONS AND PROCEDURES: Tropics North uses soil analysis and site inspection to determine proper fertilizer supplements and topsoil requirements; planting and staking are done according to accepted planting procedures for standard landscape practices. ALt. WORK TO BE COMPLETED IN A WORKMANLIKE MANNER ACCORDING TO STANDARD PRACTICES. ALL AGREEMENTS CONTINGENT UPON STRIKES, ACCIDENTS OR DELAYS BEYOND OUR CONTROL. OWNER TO CARRY FIRE, TORNADO & OTHER NECESSARY INSURANCE. OUR WORKERS ARE FULLY COVERED B Y WORKMEN'S COMPENSATION INSURANCE. PAYMENT TO BE MADE AS FOLLOWS: per conlract draw This proposal may be withdrawn by us if not accepted within 30 days. LW. 107 AVENUE · PRIN£FTON, FLOR[DA ~a032 PHONE (:~0~ 2~8-8011 - FAX (305) 258-0805 AGREEMENT THIS AGREEMENT made this 19th day of May, 2003 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; TROPICS NORTH, INC. 2640 SW 107 AVENUE PRINCETON, FL 33032 hereinafter called the Contractor, which term 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, DELIVERY AND INSTALLATION OF ROYAL PALMS 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 terms 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 forty-five (45) calendar days after the date of the Notice to Proceed, and completed and ready for final payment within sixty (60) calendar days after the date of the Notice to Proceed. QUOTE NO. 001-03/RM CITY OF MIAMI BEACH DATE: 03/14/03 23 3.2 Damages - City and Contractor recognize that the City will suffer direct financial loss if Work is not completed within the Contract times specified in paragraph 2.13. They also recognize the delays, expense and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by Owner if the Work is not completed on time, and therefore time is of the essence. Accordingly, instead of requiring any such proof Contractor agrees to forfeit and pay Owner as liquidated damages for delay (but not as a penalty) the amount of Fifty Dollars ($50.00) for each calendar day that expires after the Contract Time specified in paragraph 2.13 for Substantial Completion until the Work is substantially complete. 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 dspute 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 govem 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 depdve City of the right to exemise 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 Flodda. The Contractor shall file Insurance Certificates, as required, and they must be signed by a Registered Insurance Agent licensed in the State of Flodda 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. QUOTE NO. 001-03/RM CITY OF MIAMI BEACH DATE: 03/14/03 24 10. Owner shall pay Contractor for performance of the Work in accordance with the Contract Documents in current funds at the lump sum or unit prices presented in the Bid Proposal, attached to this Agreement. The parties expressly agree that the Contract Price is a stipulated sum except with regard to the items in the Bid which are subject to unit prices. Contract Price: ~;66,890.00 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. QUOTE NO. 001-03rRM CITY OF MIAMI BEACH DATE: 03/14/03 25 IN WITNESS WHEREOF the said City has caused this Agreement to be signed by the May~ of the City of Miami Beach, Florida and its cor)orate seal to be affixed, attested by the City Clerk of the City of Miami Beach and the sai ~ :ontractor has caused this Agreement to be signed it its name. ATTEST: City Clerk IE ~f./F MIAMI BEACH CONTRACTOR MUST EXECUTE THIS CONTRACT AS INDICATED BELOW. CORPORATION OR NONCORPORATION FORMAT, AS APPLICABLE. USE [If incorporated sign below.] (Corporate Seal) CONTRACTOR (Name of~ration) (Print Name and Title) ,~¢.~ dayof ~'~uuE __,20~,~. [If not incorporated sign below.] CONTRACTOR WITNESSES: APPROVED AS TO FORM&LANGUAGE By: (Name of Firm) (Signature) (Pdnt Name and Title) ___ day of ,20 (21'lY OF MIAMI BEACH 26 PERFORMANCE BOND (This bond meets and exceeds the requirements of Florida Statutes Section 255.05) STATE OF FLORIDA ) SS 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, Florida, as Obligee, hereinafter called the City, in the Penal sum of Dollars ($ ), for the payment ofwhich 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 QUOTE NO. 001-031RM, Entitled, "SUPPLY, DELIVERY AND INSTALLATION OF ROYAL PALMS" which Contract is made a part hereof by reference thereto. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH,that, if~3e 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: Complete the Contract in accordance with its terms and conditions, or at the City's sole option. Obtain a Bid or Bids for submission to the City for completing the Contract in accordance with its terms and conditions, and upon determination by the City and the Surety of the lowest responsible Bidder, arrange for a Contract between such Bidder and the City, and make available as Work progresses (even though there should be a default or a succession of defaults under the Contract or Contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the Contract price; but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term "balance of the Contract price" as used in this paragraph, shall mean the total amount payable by the City to the Contractor under the Contract and any amendments thereto, less the amount properly paid by the City to the Contractor. QUOTE NO. 001-03/RM CITY OF MIAMI BEACH DATE: 03/14/03 27 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 amhitectural 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 pedods of warranty are stated in the Contract Documents for any particular item of work, matedal or equipment, the Contractor hereby guarantees the same for a minimum pedod 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 pedods as may be provided by law. QUOTE NO. 001-03/RM CITY OF MIAMI BEACH DATE: 03114103 28 IN WITNESS WHEREOF, the above bounded parties have caused this Bond to be executed by their appropriate officials of the day of WITNESS: PRINCIPAL: (If sole Proprietor or partnership) (Firm 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 Attomey must be attached) QUOTE NO. 001-03/RM CITY OF MIAMI BEACH DATE: 03/14/03 29 CERTIFICATES AS TO CORPORATE PRINCIPAL I, , certify that I am the Secretary of the Corporation named as Principal in the foregoing bond; that who signed the said bond on behalf of the Principal, was then of said Corporation; that I know his signature, and his signature hereto is genuine; and that said bond was duly signed, sealed, and attested for and in behalf of said Corporation by authority of its governing body. Corporate Secretary 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) My Commission Expires: Notary Public State of Florida-at-Large QUOTE NO. 001-03/RM CITY OF MIAM1 BEACH DATE: 03/14/03 30 LABOR AND MATERIAL PAYMENT BOND (SECTION 255.05, FLA. STAT.) BY THIS BOND, We .... , as Pdndpal, 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. QUOTE NO. 001-03/RM CITY OF MIAMI BEACH DATE: 03/14103 31 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 (Power of Attorney must be attached) By:. Attomey-in-fact QUOTE NO. 001-03/RM CITY OF MIAMI BEACH DATE: 03/14/03 32 CERTIFICATES AS TO CORPORATE PRINCIPAL as Principal in the foregoing bond; that behalf of the Principal, was then , certi~ that I am the Secretary of the Corporation named who signed the said bond on 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 ) 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 Attomey in Fact, for the that he has been authorized by and 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 __ (Attach Power of Attorney) day of ..... 20_ A.D. Notary Public State of Florida-at-Large My commission Expires QUOTE NO. 001-03/RM CITY OF MIAMI BEACH DATE: 03114103 33 SUPPLY, DELIVERY AND INSTALLATION OF ROYAL PALMS QUOTE NO. 001-031RM BID CHECK LIST To ensure that your bid is submitted in conformance with the Contract Documents, please verif that the followin 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 2.31 X Execution of Bid General Conditions Section 1.2 Equivalents/Equal Product General Condition Section 1.10 Special Conditions Section 2.32 Insurance and Indemnification (including Insurance Checklist) X General Condition Section 1.33 Special Conditions Section 2.8 Bid/Performance Bond X General Condition Section 1.34 Special Conditions Section 2.12 X Guaranty Special Conditions Section 2.16 Product/Catalog Information Special Conditions Section 2.17 References X Special Conditions Page 25 Bidder Qualifications X Special Conditions Section 2.21 Exceptions to Specifications Special Conditions Section 2.30 Contractor's Questionnaire X (Page 27) QUOTE NO. 001-03/RM CI'IY OF MIAM1 BEACH DATE: 03114103 34 MAY-06-2003 00:53^M F~OIA- + T-801 P.OO1/OOZ F-613 FA¢SZ,MZLE TRANSMZTTAL SHEET FROM** ~Tohn Ellis, Ro~an Martinez Ms. ~Tene 6eegson COMP ANY: DA City of Miami Be~ch 5/0§/03 FAX ~M~ ~T~ NO. ~ P~ES ~ Co~a~ 305-673-7851 2 P~E NUM~: 305-673-7494 Nuri Uenicucci 305-673-7073 [] UR6ENT XFOR REV~.EW [] PLEASE COMMENT [] PLEASE REPLY [] PLEASE RECYCLE NO3'F.S/COM3~4F~4T~ M~-. Ellis, Sorry for the delay in getting you this list! 3: have tried to focus on other municipal work we have done, but you may also call the following high-end hotel contacts in our area for references; Charles Hines, 6enerol Manager - The Loews Hotel Landscape Maintenance & Original Znsta/lation (1998/9) Phone: 305-604-160! Fax: 305-604-5732 ~Tohn Farrar, Landscape Architect - Noble House Hotels, Miami ._ ~:~ La Ploya, &rove Zsle, Little Palm ]:sland, Ocean Key House - $1,200,000 Phone: 786-623-6300 Fox: 786-242-288! Ed Nystrom, Construction Manager -bo~al Resort & Spa Phone: 305-39Z-4864 Fax: 305-392-4906 Z look forward to~e~r.~ng from ypu//soon! Best Regards,~~ (,.-.,"/"264OZ Sla/ [07 AVENUE, PRZN'C'ETON.'FL 33032 ' MAZN OPF2;¢E - ($05} ~58-80~,1/($D~) 2:59-0809 PAX ~Y-06-2003 O9:6~AM FROkI-. + T-601 P.002/002 F-613 · ropj North 26401 SW 1OTAvenue, Pdncet~, Fl. 33032 Ph. (305)258-8011 Fax (305)258.0809 REFERENCES Municipal Stephen C. James, 1LL.A., Florida Dcpt ofTran~ortafion Di~kict 6, Miami iW~:elhneous Landscape S~,ices Contract 7/2002 to present. Phone: 305470-5463 Fax: 305-470-5205 ---- Robert DuEan, ILL~a,., E.D.S~a,., Fort Lauderdale 17'~ Street Causeway -$700,000 Phone: 954-524-3330 Fax: 954-524-0177 Dennis Haylms, Project Manager- Burkhsrdt Construction, West Palm Beach Southpoint Streetscape -$300,000 Phone: 561-659-1400 Fax: 561-659-1402 John Hoffman, Engineer/Owners' Represeatafive, Hazen & Sawyer, Miami Southpoint Smmtscape -$300,000 Phone: 305-532-9292 Fax: 305-534-8887 Scott Mignoneg R.L.A. - Kimley-Hom & Associates, M',nmi Southpoiat Streetscal~ -$300,000 Phone: 305-673-2025 Fax: 305-673-4882 Susan Ma~er, Project l~anaLmr, P,.L. Santo Construction, Miami Bal ~arbour Beachwalk, Miami Beach Beachwalk (under contract) - $1,000,000 Phone: 305-595-3039 Fax: 305-595-7098 Todd Evans, G-emnal Manger - La Gorce Country Club La Gorce Country Club Phone: 305-866-1923 Fax: 305-866-0985 MartinHolman , Sr~Project Manger - Ceatral Florida Equipment McNab Road, Ocean Reef - Card Swmd Road Phone: 305-888-3344 Fax: 305-888-9305 Robert Baer, Pmddem - Central Florida Eq-',~meat Mc.Nab Road, Ocean Reef - Card Sound Road Phone: 305-888-3344 Fax: 305-888-9305 SUPPLY, DELIVERY AND INSTALLATION OF ROYAL PALMS QUOTE NO. 001-031RM CUSTOMER REFERENCE LISTING Contractor's shall furnish the names, addresses, and telephone numbers of a minimum of eight (8) firms or government organizations for which the Contractor is currently furnishing or has furnished, SUPPLY, DELIVERY AND INSTALLATION OF ROYAL PALMS. 1) Company Name Address Contact Person/Contract Amount Telephone Number/Fax No. 2) Company Name Address Contact Person/Contract Amount Telephone Number/Fax No. 3) Company Name Address Contact Person/Contract Amount Telephone Number/Fax No. 4) Company Name Address Contact Person/Contract Amount Telephone Number/Fax No. QUOTE NO. 001-03/RM Cl'lY OF MIAMI BEACH DATE: 03/14/03 35 5) 6) 7) 8) SUPPLY, DELIVERY AND INSTALLATION OF ROYAL PALMS QUOTE NO. 001-03/RM CUSTOMER REFERENCE LISTING (PAGE 2) Company Name Address Contact Person/Contract Amount Telephone Number/Fax No. Company Name Address Contact Person/Contract Amount Telephone Number/Fax No. Company Name Address Contact Person/Contract Amount Telephone Number/Fax No.. Company Name Address Contact Person/Contract Amount Telephone Number/Fax No. QUOTE NO. 001-03/RM CITY OF MIAMI BEACH DATE: 03/14/03 36 QUESTIONNAIRE The undersigned authorized representative of the Bidder certifies the truth and accuracy of all statements and the answers contained herein. 1. How many years has your organization been in business while possessing one of the licenses, certifications, or registrations specified in Section 00405? LicenselCertification#/Registration# # Years lA. What business are you in? What is the last project of this nature that you have completed? 3. Have you ever failed to complete any work awarded to you? If so, where and why? 3A. Give owner names, addresses and telephone numbers, and surety and project names, for all projects for which you have performed work, where your surety has intervened to assist in completion of the project, whether or not a claim was made. Give names, addresses and telephone numbers of three individuals, corporations, agencies, or institutions for which you have performed work: 4.1. (name) (address) (phone #) QUOTE NO. 001-03/RM CITY OF MIAMI BEACH DATE: 03/14/03 37 4.2. 4.3. (name) (address) (phone #) (name) (address) (phone #) List the following information concerning all contracts in progress as of the date of submission of this bid. (In case of co-venture, list the information for all co-venturers.) TOTAL DATE OF % OF NAME OF OWNER & CONTRACT COMPLETION COMPLETION PROJECT PHONE # VALUE PER CONTRACT TO DATE (Continue list on insert sheet if necessary.) Has a representative of the Bidder completely inspected the proposed project and does the Bidder have a complete plan for its performance? Will you subcontract any part of this work? If so, give details including a list of each subcontractor(s) that will perform work in excess of ten percent (10%) of the contract amount, the approximate pementage, and the work that will be performed by each such subcontractor(s). Include the name of the subcontractor(s) and the approximate percentage of work. The foregoing list of subcontractor(s) may not beamended after award of the Contract without the pdor wdtten approval of the Contract Administrator, whose approval shall not be unreasonably withheld. QUOTE NO. 001-03/RM CITY OF MIAMI BEACH DATE: 03/14/03 38 8. What equipment do you own that is available for the work? 9. What equipment will you purchase for the proposed work? 10. What equipment will you rent for the proposed work? 1 1. State the name of your proposed project manager and superintendent and give details of his or her qualifications and experience in managing similar work. 12. State the true, exact, correct and complete name of the partnership, corporation or trade name under which you do business and the address of the place of business. (If a QUOTE NO. 001-03/RM c[IY OF MIAMI BEACH DATE: 03/14/03 39 corporation, state the name of the president and secretary. If a partnership, state the names of all partners. If a trade name, state the names of the individuals who do business under the trade name). 12.1 The correct name of the Bidder is 12.2 The business is a (Sole Proprietorship) (Partnership) (Corporation). 12.3 The address of principal place of business is 12.4 The names of the corporate officers, or partners, or individuals doing business under a trade name, are as follows: List all organizations which were predecessors to Bidder or in which the principals or officers of the Bidder were principals or officers. 12.5 12.6. List and descdbe all bankruptcy petitions (voluntary or involuntary) which have been filed by or against the Bidder, its parent or subsidiaries or predecessor organizations during the past five (5) years. Include in the description the disposition of each such petition. QUOTE NO. 001-03/RM (JIT¥ OF MIAMI BEACH DATE: 03/14/03 40 12.7. List and describe all successful Performance or Payment Bond claims made to your surety(les) during the last five (5) years. The list and descriptions should include claims against the bond of the Bidder and its predecessor organization(s). 12.8 List all claims, arbitrations, administrative headngs and lawsuits brought by or against the Bidder or its predecessor organization(s) during the last five (5) years. The list shall include all case names; case, arbitration or headng identification numbers; the name of the project over which the dispute arose; a description of the subject matter of the dispute; and the final outcome of the claim. 12.9. List and describe all criminal proceedings or hearings concerning business related offenses in which the Bidder, its principals or officers or predecessor organization(s) were defendants. QUOTE NO. 001-.03/RM CITY OF MIAMI BEACH DATE: 03/14/03 41 12.10. Has the Bidder, its principals, officers or predecessor organization(s) been debarred or suspended from bidding by any government during the last five (5) years? If yes, provide details. 12.11. Under what conditions does the Bidder request Change Orders. 12.12 You must provide the names of all individuals or entities (including your sub- consultants) with a controlling financial interest. The term "controlling financial interest" shall mean the ownership, directly or indirectly, of 10% or more of the outstanding capital stock in any corporation or a direct or indirect interest of 10% or more in a firm. The term "firm" shall mean any corporation, partnership, business trust or any legal entity other than a natural person. 12.13 Individuals or entities (including our sub-consultants) with a controlling financial interest: __ have have not contributed to the campaign either directly or indirectly, of a candidate who has been elected to the office of Mayor or City Commissioner for the City of Miami Beach. Please provide the name(s) and date(s) of said contributions and to whom said contribution was made. QUOTE NO. 001-03/RM CITY OF MIAMI BEACH DATE: 03/14/03 42 WITNESS: IF PARTNERSHIP: Signature Print Name of Firm Address Print Name By: __ General Partner Print Name WITNESS: IF CORPORATION: Signature Pdnt Name of Corporation Pdnt Name Address By: President (CORPORATE SEAL) Attest: __ Secretary QUOTE NO. 001-03/RM CITY OF MIAMI BEACH DATE: 03/14/03 43 DIVISION 3. LOBBYISTS Sec. 2-481. Definitions. The following words, terms and phrases, when used in this division, shall have the meanings ascdbed to them in this section, except where the context cleady indicates a different meaning: Advisory personnel means the members of those city boards and agencies whose sole or primary responsibility is to recommend legislation or give advice to the City commissioners. Autonomous personnel includes but is not limited to the members of the housing authority, personnel board, pension boards, and such other autonomous or semi-autonomous authorities, boards and agencies as are entrusted with the day-to-day policy setting, operation and management of certain defined functions or areas of responsibility. Commissioners means the mayor and members of the City commission. Departmental personnel means the City manager, all assistant City managers, all department heads, the City attorney, chief deputy City attorney and all assistant City attorneys; however, all departmental personnel when acting in connection with administrative hearings shall not be included for purposes of this division. Lobbyist means all persons employed or retained, whether paid or not, by a principal who seeks to encourage the passage, defeat or modification of any ordinance, resolution, action or decision of any commissioner; any action, decision, recommendation of any City board or committee; or any action, decision or recommendation of any personnel defined in any manner in this section, during the time period of the entire decision-making process on such action, decision or recommendation that foreseeably will be heard or reviewed by the City commission, or a City board or committee. The term specifically includes the principal as well as any agent, attomey, 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 headngs and administrative hearings shall not be included for purposes of this division. (Ord. No. 92-2777, § § 1, 2, 3-4-92; Ord. No. 92-2785, § § 1, 2, 6-17-92) Cross reference(s)-Definitions generally, § 1-2. QUOTE NO. 001-03/RM CITY OF MIAMI BEACH DATE: 03/14/03 44 Sec. 2-482. Registration. (a) All lobbyists shall, before engaging in any lobbying activities, register with the City clerk. Every person required to register shall register on forms prepared by the clerk, pay a registration fee as specified in appendix A and state under oath: (1) ~ (2) His business address; (3) The name and business address of each person or entity which has employed the registrant to lobby; (4) The commissioner or personnel sought to be lobbied; and (5) The specific issue on which he has been employed to lobby. (b) Any change to any information originally filed, or any additional City commissioner or personnel who ar~ also sought to be lobbied shall require that the lobbyist file an amendment to the registration forms, although no additional fee shall be required for such amendment. The lobbyist has a continuing duty to supply information and amend the forms filed throughout the period for which the lobbying occurs. (c) If the lobbyist represents a corporation, partnership or trust, the chief officer, partner or beneficiary shall also be identified. Without limiting the foregoing, the lobbyist shall also identify all persons holding, directly or indirectly, a five percent or more ownership interest in such corporation, partnership, or trust. (d) Separate registration shall be required for each principal represented on each specific issue. Such issue shall be described with as much detail as is practical, including but not limited to a ,,pecific description where applicable of a pending request for a proposal, invitation to bid, or public hearing number. The City clerk shall reject any registration statement not providing a description of the specific issue on which such lobbyist has been employed to lobby. (e) Each person who withdraws as a lobbyist for a particular client shall file an appropriate notice of withdrawal. (t') In addition to the registration fee required in subsection (a) of this section, registration of all lobbyists shall be required prior to October 1 of every even-numbered year; and the fee for biennial registration shall be as specified in appendix A. (g) In addition to the matters addressed above, every registrant shall be required to state the extent of any business, financial, familial or professional relationship, or other relationship giving rise to an appearance of an impropriety, with any current City commissioner or personnel who is sought to be lobbied as identified on the lobbyist registration form filed. (h) The registration fees required by subsections (a) and (f) of this section shall be deposited by the clerk into a separate account and shall be expended only to cover the costs incurred in administering the provisions of this division. There shall be no fee required for filing a notice of withdrawal, and the City manager shall waive the registration fee upon a finding of financial hardship, based upon a sworn statement of the applicant. Any person who only appears as a representative of a nonprofit corporation or entity (such as a charitable organization, a neighborhood or homeowner association, a local chamber of commerce or a trade association or trade union), without special compensation or reimbursement for the appearance, whether direct, indirect or contingent, to express support of or opposition to any item, shall not be QUOTE NO. 001-03/RM CITY OF MIAMI BEACH DATE: 03/14/03 45 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) Sec. 2-483. Exceptions to registration. (a) Any public officer, employee or appointee or any person or entity in contractual privity with the City who only appears in his official capacity shall not be required to register as a lobbyist. (b) Any person who only appears in his individual capacity at a public hearing before the city commission, planning board, board of adjustment, or other board or committee and has no other communication with the personnel defined in section 2-481, for the purpose of self-representation without compensation or reimbursement, whether direct, indirect or contingent, to express support of or opposition to any item, shall not be required to register as a lobbyist, including but not limited to those who are members of homeowner or neighborhood associations. All speakers shall, however, sign up on forms avaEable at the public hearing. Additionally, any person requested to appear before any city personnel, board or commission, o r any person compelled to answer for or appealing a code violation, a nuisance abatement board hearing, a special master hearing or an administrative hearing shall not be required to register, nor shall any agent, attorney, officer or employee of such person. (Ord. No. 92-2777, § § § 4, 5, 3-4-92; Ord. No. 92-2785, § § 4, 5, 6-17-92) Sec. 2-484. Sign-in logs. In addition to the registration requirements addressed above, all city departments, including the offices of the mayor and city commission, the offices of the city manager, and the offices of the city attorney, shall maintain signed sign-in logs for all noncity employees or personnel for registration when they meet with any personnel as defined in section 2-481. (Ord. No. 92-2785, § 6, 6-17-92) Sec. 2-485. List of expenditures. (a) On October I 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 'he logs prepared for the state legislature pursuant to F.S. ? 11.0045. (c) All members of the city commission and all city personnel shall be diligent to ascertain whether persons required to register pursuant to this section have complied with the requirements of this division. Commissioners or city personnel may not knowingly permit themselves to be lobbied by a person who is not registered pursuant to this section to lobby the commissioner or the relevant committee, board or city personnel. C1'1¥ OF MIAMI BEACH 46 QUOTE NO. 001-03/RM DATE: 03/14103 (d) The city attorney shall investigate any persons engaged in lobbying activities who are reported to be in violation of this division. The city attomey 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 matedal in defense to the city commission. The city commission may reprimand, censure, suspend or prohibit such person from lobbying before the commission or any committee, board or personnel of the city. (Ord. No. 92-2777, § 6, 3-4-92; Ord. No. 92-2785, § 7, 6-17-92) QUOTE NO. 001-03/RM CI'IY OF MIAMI BEACH DATE: 03114103 4? Cone of Silence ORDINANCE NO. 2002-3378 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 2 OF THE CODE OF THE CITY. OF MIAMI BEACH, ENTITLED "ADMINISTRATION", BY AMENDING ARTICLE VII THEREOF, ENTITLED "STANDARDS OF CONDUCT', BY AMENDING DIVISION 4, ENTITLED "PROCUREMENT", BY AMENDING SECTION 2.486, ENTITLED "CONE OF SILENCE"; SAID AMENDMENT, IN PART, EXTENDING THE PROHIBITIONS ON ORAL COMMUNICATIONS ON ALL REQUEST FOR PROPOSALS (RFP'S), REQUEST FOR QUALIFICATIONS (RFQ'S), AND INVITATION FOR BIDS (BIDS), BETWEEN THE MAYOR AND CITY COMMISSIONERS AND THEIR RESPECTIVE STAFF AND ANY POTENTIAL VENDOR, SERVICE PROVIDER, BIDDER, LOBBYIST, OR CONSULTANT; PROVIDING FOR ADDITIONAL EXCEPTIONS RELATIVE TO ORAL COMMUNICATIONS; PROVIDING FURTHER FOR REPEALER, SEVERABIUTY, AND AN EFFECTIVE DATE. WHEREAS, on January 29, 2002, the Miami-Dada County Commission approved Ordinance No. 02-3. amending Section 2-11.1(t) of the Miami-Dada County Code, the County's Cone of Silence Ordinance. with an effective date of February 8. 2002; and WHEREAS, Miami-Dade County's approved amendments extended the prohibition on oral communications regarding a particular RFP. RFQ. and bid for the solicitation of goods and services to those between a potential vendor, service provider, bidder, lobbyist or consultant, and the Mayor, County Commissioners and their respective staffs; and WHEREAS, Miami-Dada County's approved amendments added additional exemptions to the prohibition on omi communications regarding a particular RFP, RFQ, or bid for the solicitation of goods and services between any person and the procurement director or his/her designated staff responsible for administering the procurement process for such RFP, RFQ or bid, and between a member of the respective selection committee, provided the communication be limited strictly to matters of process or procedure already contained in the corresponding solicitation document; and WHEREAS, Miami-Dada County's approved amendments added additional exemptions to the prohibition on omi communications between the County Manager and the chairperson of a selection committee about a particular selection committee recommendation, only after the committee has submitted a recommendation to the Manager and provided that. should any change occur in the committee recommendation. the content of the communication and of the corresponding change shall be described in writing and filed by the Manager with the Clerk of the County and be included in any recommendation memorandum submitted by the Manager to the County Commission; WHEREAS, Miami-Dada County's approved amendments added additional exemptions to the prohibition on oral communications pertaining to emergency procurements. WHEREAS, said Miami-Dada County amendments are applicable to the Mayor and City Commissioners of the City of Miami Beach, the City Manager, and their respective staffs; and in order to extend said amendments and their applicability to potential vendors, QUOTE NO. 001-03/RM C[1'¥ OF MIAMI BEACH DATE: 03114103 48 service providers, bidders, lobbyists, and consultants doing business in the City of Miami Beach, the Administration and the City Attorney's Office herein recommends that the Mayor and City Commission amend the City's Cone of Silence Ordinance accordingly. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH: SECTION 1. Section 2-426, of Division 4 of Article VII of Chapter 2 of the Miami Beach City Code is hereby amended to read as follows: Article VII. Standards of Conduct DIVISION 4. PROCUREMENT Sec. 2-486. Cone of ellence. (a) Contracts for the provision of goods, services, and construction projects, e4her (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'), :e'~'-':=~. fcr' #-- ''~ ...oA_.~ ..... or bid between a potential vendor, service provider, bidder, lobbyist, or consultant and the city's administrative staff including, but not limited to. the city manager and his or her staff; (b) any communication regarding a particular RFP, RFQ, ~ or bid between the mayor, city commissioners, or their respective staffs, and any member of the city's administrative staff including, but not limited to. the city manager and his or her staff; (c) any communication regarding a pa~cular RFP, RFQ, ~ or bid between a potential vendor, service provider, bidder, lobbyist, or consultant and any member of a city evaluation ~ committee therefor; (d) any communication regarding a particular RFP, RFQ, RFL~, or bid between the mayor, city commissioners.or their respective staffs_and =.%, amember of a city evaluation ~ committee therefor: (e) any communication -r'~e-rdina a oafficular RFP. RFQ, or bid between the mayor, city commissioners, or their resoective staffs and a vendor· service provider, bidder, lobbyist, or consultant. QUOTE NO. 001-031RM CI'lly OF M1AMI BEACH DATE: 03114/03 49 (2) (3) Procedure, ao A The cone of silence shall be imposed upon each RFP, RFQ, ~ end or bid after the advertisement of said RFP, RFQ, RFL--h or bid. At the tim'--e 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 sen/ices a statement disclosing the requirements of this division. bo The cone of silence shall terminate: a)~at the time the city manager makes his or her written recommendation as to selection of a particular RFP. RFQ, RFL-4r or bid to the city commission, and said RFP, RFQ, RF-.L-k or bid is awarded; provided, however, that following the M_manager making his or her written recommendation, the cone of silence shall be lifted as relates to communications between the Id-mayor and M .members of the C-_co_ remission and the C-~ity M_manager; providing further if the city commission refers the manager's recommendation back to the city manager er-sta,q for further review, the cone of silence shall continue until such time as the manager makes a subsequent wf;i{en recommendation, and the particular RFP, RFQ, RF-L4;, or bid is awarded; cr b) (ii) in the event of contracts for less than $25,000, when the city manager executes the contract. Exceptions. The ;'"";';c"" A,*k:. C~; ..... cone of silence shall not apply to: (a) competitive processes for the award of CDBG. HOME. SHIP and Surtax Fund~ administered bv the city office of community develooment: and (b) comrngnicat~n$ with the city attomev and his or her staff. (e.) cL~.oral communications at pre-bid conferences; (b) d~_Loral presentations before evaluation ag~committees; ~ ~}contrect discussions during any duly noticed public mc, cttng; (_a) ~f) 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, RFL--h, or bid by the city commission; (-f) Lb.) 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, RFL--h or bid documents; e~ QUOTE NO. 001-03/RM CITY OF MIAMI BEACH DATE: 03114/03 50 ,';) .';} c~ commission meeting agenda review meetings between the city manager and the mayor and individual city commissioners where such matters are scheduled for consideration at the next G-~o_ remission meeting. ,'.".~. fi} communications reoardin{3 a p,art!~_,!er RFP. RFQ or I~1 between the D~d_rement director, or his/her administrative staff responsible ;ut ~;Imi~!$!edna the procurement process for such RFP, RFQ or bid and = rrwmber of the evaluation/selection committee therefor, orovided th,, communication is limited stdcUy tO matters of prqcess or procedure already contained in the correspondin(3 solicitation document: (k~ duly noticed site visits to determine the comoetencv of bidders re~ardin, a o~rticJ_,!-_r bid durina the time oeriod between the ooenim3 of bids and the time the city manaoer makes his or her written recommendation: I~ any emargencv orocurement of (toods or services: ;mi communiCa-~ons _r,~,_ardina a particular RFP. RFQ. or bid between any Demon. and the orocurement director, or his/her a<lministrative start' m_~_no_nsible for administering3 the Drocurement process for such RFP. RFQ. or bid. orovided the communication is limitQd strictly to matters of orocess or pmcedyr9 already contained in the cqrrespondinq soli(~itation document. ~_The bidder, proposer, vendor, se~,ice 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. QUOTE NO. 0Ol-03/RM (~lrl'¥ OF MIAMI BEACH DATE: 03/14/03 51 (Ord. ........................ ~ ........... :. -- ..,..- .......... ~ .... c= RFP, .°.F~-, P. FL! .............. , ......., Violations/penalties and procedures. A violation of this section by a particular bidder, proposer, vendor, service provider, lobbyist, or consultant shall subject said bidder, e~ 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, RFL-I-awa~, or bid award to said bidder, proposer, vendor, service provider, bidder, lobbyist, or consultant voidabli[; and said bidder, proposer, vendor, service provider, lobbyist, or consultant shall not be considered for any RFP, RFQ. RFL4 or bid for a contract for the provision of goods or services for a period of one year. Any person who violates a provision of this division shall be prohibited from serving on a city evaluation and/or selection committee. In addition to any other penalty provided by law. violation of any provision of this division by a city employee shall subject said employee to disciplinary action up to and including dismissal. Additionally. any pemon who has personal knowledge of a violation of this division shall report such violation to the city attomey's office or state attorney's office,_ and/or may file a complaint with the county ethics commission. No. 99-3164, § 1.1-6-99; Ord. No. 2001-3295. § 1, 3-14-01) QUOTE NO. O01-03/RM CII'Y OF MIAMI BEACH DATE: 03/14/03 52 SECTION 2. CODIFICATION. It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is hereby ordained that the provisions of this ordinance shall become and be made part of the Code of the City of Miami Beach, Flodda. The sections of this ordinance may be renumbered or relettered to accomplish such intention, and the word "ordinance' may be changed to "section', 'article", or other appropriate word. SECTION 3. REPEALER. All ordinances or parts of ordinances in conflict herewith be and the seine am hereby repealed.. SECTION 4. SEVERABILITY. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is, for any reason, held invalid or unconstitutional, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity or constitutionality of the remaining portions of this Ordinance. SECTION 5. EFFECTIVE DATE. This Ordinance shall take effect on the is 10 days after adoption. PASSED and ADOPTED this 31st ATTEST: lOth dayof Au~:ust day of ,2002. which ~L /' YMa or .., 2002. C~y C~rk Letters or numbers that are stricken through are deletions from existing ordinance. Letters or numbers that are underlined are additions to existing ordinance. F:'~ATTO~OLU\RES-ORD~.CON EOFSILENC E.FNL-DOc QUOTE NO. 001-03/RM clrl~l~ OF MIAMI BEACH DATE: 03114103 53 MURRAY H. DUBBIN City Attom~ OFFICE OF THE CITY ATTORNEY F t. O R I O A Tdephoue: Tdeeopy: (30S) 673-7470 (30S) 673-7002 COMMISSION M~MORANDUM TO: FROM: DATE: JULY 31, 2002 MAYOR DAVID DERMER MEMbErS oF T~ crrv coM~nss3~ JORGE M. ~N~EZ C~ ~AGER ~~ TO C~'S "CO~ OF Sn~N~~ O~~ On Sanuav/29, 2002, the Miami-Dade County Commission approved an amendment to the County's "Cone of Silence" Ordinance, with an effective date of February 8, 2002. The approved amendments to the County's Ordinance, which the City Manager and the City AUomey's Office h~in recommend be incorporated as an amendment to the City's own "Cone of Sikmce" Ordirumce. are as follows: (1) Extending the prohibilion on oral communications r~garding a particular RFP, RFQ, and bid for the solicitation of goods and services to those between a potential vendor, service provider, bidder, lobbyist or consultant, and the Mayor, Commissioners, and their respective staffs; (2) Extending thc prohibition on oral communications re~u'ding a particular RFP, RFQ, or bid between any administrative staff member, and any member of an evaluation and/or selection committee therefor; (3) Notwithstanding the prohibition in subsection (2) above, providing an exemption allowing the Manager and the chairperson of the evaluation and/or selection committee to communicate upon a particular evaluaUon and/or seiccuon cornnutice Agenda Item 1700 Convention Center Drive - Fourth Floor -- Miami Beacl Date~ QUOTE NO. 001-03/RM CITY OF MIAMI BEACH DATE: 03/14/03 54 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 Creater Miami Chamber of Commerce ("GMCC") adopted a Model Code of Business Ethics (the "Model Cede"); and WHEREAS, the City of Miami Beach is a member oftbe GMCC; and WHEREAS, thc Model Code, attached hereto as Exhibit A, is a statement of principles to help guide decisions and actions based on respect for thc importance of ethical busincss standards in the community; and WHEREAS, the OMCC encourages its members to adopt the principles and practices outlined in the Model Code; and WHEREAS, the Commission believes that each entity which docs business with the City of Miami Beach should be required, as a condition of doing business with the Counvy 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 thc City shall adopt a Code of Business Ethics ("Code") and submit that Code to thc City h&mager or his or her designee prior to execution of any contract between the conlractor and the City. The Code of Business shall, at a minimum, require thc contractor to comply with all applicable governmental rules and regulations including, among others, the conflict of interest, lobbying and ethics provisions of the City Code. Section 2. The Commission urges the Greater Miami Chamber of Commerce to require that all of its members adopt the Model Code of Business Ethics. Section 3. adoption. This resolution shall become effective immediately upon its QUOTE NO. 001-03/RM Cl'lY OF MIAMI BEACH DATE: 03114/03 55 PASSED and ADOPTED this ATTEST: CITY CLERK. day of April 2000 '' MAYOR FCRM & LAN(~IA¢,~ &POR~r~ QUOTE NO. 001-03/RM CITY OF MIAMI BEACH DATE: 03114103 56 GREATER MIAMI CHAMBER OF COMMERCE MODEL CODE OF BUSINESS ETHICS STATEMENT OF PURPOSE The Greater Miami Chamber of Commerce ("GMCC") seeks to create and sustain an ethical business climate for its members and the community by adapting a Code of Business Ethics. The GMCC encourages its members to incorporate the principles and practices outlined here in their individual codes of ethics which will guide their relationships with customers, clients and suppliers. This Model Code can and should be prominently displayed at all business locations and may be incorporated into markeUng materials. The GMCC believes that its members should use this Code aa a model for the development of their organizations' business codes of ethics. This Model Code is e s a ement ol princip es o help cjuide decisions end aclions based on respect Ior the impo~lance of ethical busin e ss standards in the commun fy. The GMCC be eves he adoplion ol a meaningful code ol ethics is the ~esponsibilily ol every business end professional orgeniz orion. Compliance with Government Rules & Requlations We will properly maintain all records and post all licenses and certificates in prominent places easily seen by our employees and customers; In dealing with government agencies and employees, we will conduct business in accordance with all applicable rules and regulations and in the open; We will report contract irregularities and other improper or unlawful business practices to the Ethics Commission. the Office of Inspector General or appropriate law enforcement authorities. Recruitment, SelectiOn & Compensation of Vendors and Suppliers We will avoid conflicts of interest and disclose such conflicts when identified; · Gifts which compromise the integrity o~ a business transaction are unacceplable; we will not kick back any portion of a contract payment ID employees of the other contracting party or accept such a kickback. Business Accounlin.c] All our financial transactions will be properly and fairly recorded in appropriate books of account, and there will be no "off the books" transactions of secret accounts. Promotion and Sales of Products and Services Our products will comply with all applicable safety and quality standards; We wilt promote and advertise our bus,ness and its products or services in a manner which is not misleading and does not falsely disparage our competitors; Doing Business with Ihe Government QUOTE NO. 001-03/RM CITY OF MIAMI BEACH DATE: 03/14/03 57 · We will conduct business with government agencies and employees in a manner which avoids even the appearance of impropriety. Efforts to cur~ political favoritism are unacceptable; · Our bids will be competitive, appropriate to the bid documents and arrived at independently; Any challenges to contract, s awarded will have a substantive basis and not be pursued merely because we are the unsuccessful bidder; We will, to the best of our ability, perform government contracts awarded at the price and under the terms provided for in the contract. We will not submit inflated invoices for goods provided or sec'vices performed under such contracts, and claims will be made only for work actually performed. We will abide by all contracting and subcontracting regulations. · We will not, directly or indirectly, offer to give a bribe or otherwise channel kickbacks from contracts awarded, fo government olficials, their family members or business associates. We will not seek or expect preferential treatment on bids based on our participation in political campaigns. Publi~ Life and Political Caml:~ai~ns · We encourage all employees to participate in community life, public service and the political process; We encourage all employees to recruit, support and elect ethical and qualified public officials and engage them in dialogue and debate about business and community issues; Our contributions to political parties, committees or individuals will only be made in accordance with applicable taw and will comply with all requirements for public disclosure. All contributions made on behalf of the business must be reported Io senior company msnagemenf; We will not contribute to the campmgns of persons who are convicted felons or these who do not sign the Fair Campaign Practices Ordinance. We will not knowingly disseminate false campaign information or support those who do. Company Name Corporate Ol=ficer Date QUOTE NO. 001-03/RM CITY OF MIAMI BEACH DATE: 03/14/03 58 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 SEVERABIMTY; CODIFICATION; REPEALER; AND AN EFFECTIVE DATE. NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1. Miami Beach City Code, Chapter 2, entitled "Administration", Article VI, entitled "Pmcurament", is hereby amended by adding the following Division 5, entitled-"Debarment of Contractors from City Work" reading as follows: Division 5. Debarment of contractors from City work. Section 2-397. (a) (b) Purpose of debarment. The City shall solicit offers from, award contracts to, and consent to subcontractors with responsible contractors only: To effectuate this police, the debarment of contractors from City work may be undertaken. The sedous nature of debarment requires that this sanction be imposed only when it is in the public interest for the City's protection, and not for purposes of punishment. Debarment shall be imposed in accordance with the procedures contained in this ordinance. Section 2-398. Definitions. (a) Affiliates. Business concerns, organizations, lobbyists or other individuals are affiliates of each other if, directly or indirectly. (I) either one controls or has the power to control the other, or (ii) a third part controls or has the power to control both. Indicia of control include, but are not limited to. a fiduciary relation which results from the manifestation of consent by one individual to another that the other shall act on his behalf and subject to his control, and consent by the other so to act; interlocking management or ownership; identity of interests among family members; shared facilities and equipment; common use of employees; or a business entity organized by a debarred entity, individual, or affiliate following debarment of a contractor that has the same or similar management, ownership, or principal employees as the contractor that was debarred or suspended. QUOTE NO. 001-03/RM I.;HY OF MIAMI BEACH DATE: 03/14/03 59 (b) Civil judgment means a judgment or finding of a civil offense by any court of competent jurisdiction. (c) Contractor means any individual or other legal entity that: (d) (e) (f) (g) (1) Directly or indirectly (e.g. through an affiliate), submits offers for is awarded,, or reasonably may be expected to submit offers or be awarded a City contract, including, but not limited to vendors, suppliers, providers, Bidders, Proposers, consultants, and/or design professionals, or (2) Conducts business or reasonable man be expected to conduct business, with the City as an agent,, representative or subcontractor of another contractor. Conviction means a judgement or conviction of a cdminal 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 from City contracting and City approved subcontracting for a reasonable, specified period as provided in subsection (j) below: a contractor so excluded is debarred. 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 true than not. (h) Indictment means indictment for a criminal offense. An information or other filing by competent authority charging a cdminal offense shall be given the same effect as an indictment. (0 Legal proceeding means any civil judicial proceeding to which the City is a party or any cdminal 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: QUOTE NO. 001-03/RM (J[l'Y OF MIAMI BEACH DATE: 03114/03 60 (1) Compile and maintain a current, consolidated list (List) of all contractors debarred by City departments, Such List shall be public record and shall be available for public inspection and dissemination; (2) Periodically revise and distribute the List and issue supplements, if necessary, to all departments, to the Office of the City Manager and to the Mayor and City Commissioners: and (3) Included in the List shall be the name and telephone number of the City official responsible for its maintenance and distribution. (b) The List shall indicate: (1) The names and addresses of all contractors debarred, in alphabetical order; (2) The name of the department that recommends initiation of the debarment action; (3) The cause for the debarment action, as is further described herein, or other statutory or regulatory authority; (4) The effect of the debarment action; (5) The termination date for each listing; (6) The contractor's certificate of competence or license number, when applicable; (7) The person through whom the contractor is qualified, when applicable; (8) The name and telephone number of the point of contact in the department recommending the debarment action. (c) The City's Procurement Office shall: (1) In accordance with internal retention procedures maintain records relating to each debarment; (2) Establish procedures to provide for the effective use of the List, including internal distribution thereof to ensure thatdepartments do not solicit offers from, award contracts to, or consent to subcontracts with contractors on the List; and (3) Respond to inquiries concerning listed, contractors and coordinate such responses with the department that recommended the action, Section 2-400. (a) (d) Effect of debarment. Debarred contractors are excluded from receiving contracts, and departments shall not solicit offers from award contracts to, or consent to subcontracts with these contractors unless the City Manager determines that an emergency exists justifying such action. and obtains approval from the Mayor and City Commission, which approval shall be given by 5/7ths vote of the City Commission at a regularly scheduled City Commission meeting. Debarred contractors are also excluded from conducting business with the City as agents, representatives, subcontractors or partners of other contractors. Debarred contractors are excluded from acting as individual sureties. QUOTE NO. 001-03/RM CITY OF MIAMI BEACH DATE: 03/14/03 61 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 department has contracts or subcontracts in existence at the time the contractor was debarred, the debarment pedod may commence upon the conclusion of the contract, subject to approval of same be 5/7ths vote of the Mayor and City Commission at a regularly scheduled meeting. (c) City departments may not renew or otherwise extend the duration of current contract or consent to subcontracts with debarred contractors, unless the City Manager determines that an emergency exists justifying the renewal or extension or for an approved extension due to delay or time extension for reasons beyond the contractor's control and such action is approved by 5/7ths vote of the Mayor and City Commission at a regularly scheduled meeting. (d) No further work shall be awarded to a debarred contractor in connection with a continuing contract where the work is divided into separate discrete groups and the City's refusal or denial of further work under the contract will not result in a breach of such contract. Section 2-402. Restrictions on subcontracting. (a) When a debarred contractor is proposed as a subcontractor for any subcontract subject to City approval, the department shall not consent to subcontracts with such contractors unless the City Manager determines that an emergency exists justifying such consent and the Mayor and City Commission approves such decision by 5/7ths vote at a regularly scheduled meeting. (b) The City shall not be responsible for any increases in project costs or other expenses incurred by a contractor as a result of rejection of proposed subcontractors pursuant to subsection 2-402(a) above, provided the subcontractor was debarred prior to bid opening or opening of proposals, where the contract was awarded be the City pursuant to an RFP, RFO, RFLI, or bid. Section 2-403. Debarment. (a) The Debarment Committee may, in the public interest debar a contractor for any of the causes listed in this ordinance using the procedures outlined below. The existence of a QUOTE NO. 001-03/RM CITY OF MIAMI BEACH DATE: 03/14/03 62 (b) cause for debarment however, does not necessarily require that the contractor be debarred; the seriousness of the contractor's acts or omissions and any mitigating factors should be considered in making any debarment decision. Debarment constitutes debarment of all officers, directors, shareholders owning or controlling twenty-five (25) percent of the stock, partners, divisions or other organizational elements of the debarred contractor, unless the debarred decision is limited by its terms to specific divisions, organizational elements or commodities. The Debarment Committee's decision includes any existing affiliates of the contractor if they ara (I) specifically named and (ii) given wdtten notice of the proposed debarment and an opportunity to respond. Future affiliates of the contractor ara subject to the Debarment Committee's decision. (c) A contractor's debarment shall be effective throughout City Govemment. Section 2-404. Causes for debarment. (a) The Debarment Committee shall debar a contractor for a conviction or civil judgment, (1) For commission of a fraud or a cdminal offense in connection with obtaining attempting to obtain, performing, or making a claim upon a public contract or subcontract or a contract or subcontract funded in whole or in part with public funds; (2) For violation of federal or State antitrust statutes relating to the submission of offers; (3) For commission of embezzlement, theft, forgery, bdbery, falsification or destruction of records, making false statements, or receiving stolen property; (4) Which makes the City the prevailing party in a legal proceeding and a court determines that the lawsuit between the contractor and the City was frivolous or filed in bad faith. (b) The Committee may debar a contractor, (and, limited instances set forth hereinbelow a Bidder or Proposer) based upon a preponderance the graater weight of the evidence, for; (1) Violation of the terms of a City contract or subcontract or a contract or subcontract funded in whole or in part by City funds such as failure to perform in accordance with the terms of one (1) or mora contracts as certified by the City department administering the contract; or the failure to perform or unsatisfactodly perform in accordance with the terms of one (1) or mora contracts, as certified by an independent registered architect engineer or general contractor; (2) Violation of a City ordinance or administrative order which lists debarment as a potential penalty; (3) Any other cause which affects the responsibility of a City contractor or subcontractor in performing City work. QUOTE NO. 001-031RM C1'1¥ OF MIAMI BEACH DATE: 03/14/03 63 Section 2-405. (a) (b) Debarment procedures. Requests for the debarment of contractors may be initiated by a City Department or by a citizen-at large and shall be made in writing to the Office of the City Manager. Upon receipt of a request for debarment, the City Manager shall transmit the request to the Mayor and City Commission at a regularly scheduled meeting. The Mayor and City Commission shall transmit the request to a person or persons who shall be charged by the City Commission with the duty of promptly investigating and preparing a wdtten report(s) conceming the proposed debarment, including the cause and grounds for debarment as set forth in this ordinance. U pon 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 Committee (c) Notice of proposal to debar. Within ten working days of the Debarment Committee having received the request for debarment and written report, the City's Procurement Office, on behalf of the Debarment Committee shall issue a notice of proposed debarment advising the contractor and any specifically named affiliates, by certified mail. return receipt requested, or personal service containing the following information: (d) (1) (2) (3) That debarment is being considered: The reasons and causes for the proposed debarment in terms sufficient to put the contractor and any named affiliates on notice of the conduct or transaction(s) upon which it is based; That a hearing shall be conducted before the Debarment Committee on a date and time not less than thirty (30) days after service of the notice. The notice shall also advise the contractor that it may be represented by an attomey, may present documentary evidence and verbal testimony, and may cross-examine evidence and testimony presented against it. (4) The notice shall also descdbe 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, pdor to the scheduled hearing date, the contractor must furnish the City's Procurement Office a list of the defenses the contractor intends to present at the headng, if the contractor fails to submit the list, in writing, at least seven (7) working days pdor to the hearing or fails to seek an extension of time within which to do so, the contractor shall have waived the opportunity to be heard at the hearing. The Debarment Committee has the right to grant or deny an extension of time, and for good cause, m ay set aside the waiver to be heard at the hearing, and its decision may only be reviewed upon an abuse of discretion standard. QUOTE NO. 001-03/RM CI'IY OF MIAMI BEACH DATE: 03114103 64 (e) (g) Hearsay evidence shall be admissible at the hearing but shall not form the sole basis for initiating a debarment procedure nor the sole basis of any determination of debarment. The hearing shall be transcribed, taped or otherwise recorded by use of a court reporter, at the election Committee and at the expense of the City. Copies of the hearing tape or transcript shall be furnished at the expense and request of the requesting party. Debarment Committee's decision. In actions based upon a conviction or judgment, or in which there is no genuine dispute over material facts, the Debarment Committee shall make a decision on the basis of all the undisputed material information in the administrative record, including any undisputed, material submissions made by the contractor. Where actions are based on disputed evidence, the Debarment Committee shall decide what weight to attach to evidence of record, judge the credibility of witnesses, and base its decision on the prepondenance greater weight of the evidence standard. The Debarment Committee shall be the sole trier of fact. The Committee's decision shall be made within ten (10) working days after conclusion of the hearing, unless the Debarment Committee extends this period for good cause. 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. (i) (1) If the Debarment Committee decides to impose debarment, the City Manager shall give the contractor and any named affiliates involved wdtten 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 Comrnittee's wdtten decision; stating the period of debarment, including effective dates; and advising that the debarment is effective throughout the City departments. (2) If debarment is not imposed,the City Manager shall notify the contractor and any named affiliates involved ,by certified mail. return receipt requested, or personal service, within ten (10) working days of the decision. All decisions of the Debarment Committee shall be final and shall be effective on the date the notice is signed by the City Manager. Decisions of the Debarment Committee are subject to review by the Appellate Division of the Circuit Court. A debarred contractor may seek a stay of the debarment decision in accordance with the Florida Rules of Appellate Procedure. Section 2-406. Period of debarment. (a) The period of debarment imposed shall be within the sole discretion of the Debarment Committee. Debarment shall be for a period commensurate with the seriousness of QUOTE NO. 001-4)3/EM CITY OF MIAMI BEACH DATE: 03/14/03 65 (d) the cause(s), and where applicable, within the guidelines set forth below, but in no event shall exceed five (5) years. The following guidelines in the period of debarment shall apply except where mitigating or aggravating circumstances justify deviation: (1) For commission of an offense as described in subsection 2 404(a)(1): five (5) years. (2) For commission of an offense as described in subsection 2 404(a)(2): five (5) years. (3) For commission of an offense as described in subsection 2 404(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. (c) The Debarment Committee may, in its sole discretion, reduce the period of debarment, upon the contractor's written request for reasons such as: (1) Newly discovered material evidence; (2) Reversal of the conviction or civil judgment upon which the debarment was based; (3) Bona fide change in ownership or management; (4) Elimination of other causes 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 reasons for requesting a reduction in the debarment period, The City's Procurement Office, with the assistance of the affected department shall have thirty (30) days from receipt of such request to submit written response thereto. The decision of the Debarment Committee regarding a request made under this subsection is final and non- appealable. ,SECTION 2. SEVERABILITY. If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder shall not be affected by such invalidity. SECTION 3. CODIFICATION. It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is hereby ordained that the provisions of this ordinance shall become and be made a part of the Code of the City of Miami Beach, Florida. The sections of this ordinancemay be renumbered relettered to accomplish such intention, and the word "ordinance" may be changed to "section", "article," or other appropriate word. QUOTE NO. 001-03/RM CITY OF MIAMI BEACH DATE: 03/14/03 66 SECTION 4. REPEALER. All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. SECTION 5. EFFECTIVE DATE. This Ordinance shall take effect on the 3rd day of March.,2000. PASSED and ADOPTED this 23rd day of February, 2000. QUOTE NO. 001-03/RM CITY OF MIAMI BEACH DATE: 03114/03 67 ORDINANCE NO. 2002-3344 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ESTABLISHING PROCEDURES FOR RESOLVING BIDS (BIDS), REQUEST FOR PROPOSALS (RFP'S), REQUEST FOR QUALIFICATIONS (RFQ'S), REQUEST FOR LETTERS OF INTEREST (RFLI'S), AND PURCHASE ORDERS BASED ON WRITTEN OR ORAL QUOTATIONS, BY AMENDING CHAPTER 2 OF THE CODE OF THE CITY OF MIAMI BEACH ENTITLED "ADMINISTRATION"; BY AMENDING ARTICLE VI THEREOF ENTITLED "PROCUREMENT'; BY CREATING SECTION 2-371 ENTITLED "AUTHORITY TO RESOLVE PROTESTED BIDS AND PROPOSED AWARDS"; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, from time to time the City procures goods and services through Invitation for Bids, Requests for Proposals, Requests for Qualifications, Requests for Letters of Interest, and purchase orders based on written or oral quotations, in accordance with the public bidding procedures set forth in Florida law and the Code of the City of Miami Beach (the "City Code"); and WHEREAS, such process may lead to protested bids and proposed awards; and WHEREAS, it is the intent of the Mayor and City Commission that procedural and technical issues related to Invitations for Bids, Requests for Proposals, Requests for Qualifications, Requests for Letters of Interest, and purchase orders based on written or oral quotations, be decided by the City Manager and the City Attorney, and that their determinations with respect to said procedural and technical issues shall be deemed final; and WHEREAS, it is in the best interests of the City and all respondents to Invitations for Bids, Requests for Proposals, Requests for Qualifications, Requests for Letters of Interest, and purchase orders based on written or oral quotations, to have a clear and unequivocal procedure for resolving such protests in a timely and expeditious manner. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, as follows: Section 1. Them is hereby added to Article VI of Chapter 2 of the City Code a new Section 2-371, which shall read as follows: Section 2-371. Authority to Resolve Protested Bids and Proposed Awards. (a) Right to Protest. Any actual bidder, qualified proposer, or interested parties (hereinafter collectively referred to as the "bidder") who has a substantial interest in, QUOTE NO. 001-03/RM CITY OF MlAMI BEACH IDATlg: 03/14/03 68 and is aggrieved in connection with the solicitation or proposed award of, a request for proposals CRFP"), request for qualifications ("RFQ'), request for letters of interest ("RFLI') or invitation for bid for goods and/or services ("hereinafter, collectively referred to as the bid") may protest to the City Manager or his or her designee. Protests arising from the decisions and votes of any evaluation or selection committee shall be limited to protests based upon alleged deviation(s) from established purchasing procedures set forth in this Code, any wdtten guidelines of the Procurement Department, and the specifications, requirements and/or terms set forth in any bid. (1) Any protest conceming the bid specifications, requirements, and/or terms must be made within three (3) business days (for the purposes of this ordinance, "business day" means a day other than Saturday, Sunday or a national holiday), from the time the facts become known and, in any case, at least two (2) business days pdor to the opening of the. Such protest must be made in writing to the City Manager or his or her designee, and such protest shall state the particular grounds on which it is based and shall include all pertinent documents and evidence. No bid protest shall be accepted unless it complies with the requirements of this section. Failure to timely protest bid specifications, requirements and/or terms is a waiver of the ability to protest the specifications, requirements and/or terms. (2) Any protest after the bid opening, including challenges to actions of any evaluation or selection committee as provided in subsection (a) above, shall be submitted in writing to the City Manager, or his or her designee. The City will allow such bid protest to be submitted anytime until two (2) business days following the release of the City Manager's wdtten recommendation to the City Commission, as same is set forth and released in the City Commission agenda packet, for award of the bid in question. Such protest shall state the particular grounds on which it is based and shall include all pertinent grounds on which it is based, and shall include all pertinent documents and evidence. No bid protest shall be accepted unless it complies with the requirements of this section. All actual bidders shall b e notified in writing (which may be transmitted by electronic communication, such as facsimile transmission and/or e-mail), following the release of the City Manager's wdtten recommendation to the City Commission. (b) Any' bidder who is aggrieved in connection with the solicitation or proposed award of a purchase order based on an oral or wdtten quotation may protest to the City Manager or his or her designee anytime dudng the procurement process, up to the time of the award of the purchase order, but not after such time. Such protest shall be made in wdting and state the particular grounds on which it is based and shall include all pertinent documents and evidence. No bid protest shall be accepted unless it complies with the requirements of this section. QUOTE NO. 001-03/RM city OF MIAMI BEACH DATE: 03/14/03 69 (c) The City may request reasonable reimbursement for expenses incurred in processing any protest hereunder, which expenses shall include, but not be limited to, staff time, legal fees and expenses (including expert witness fees), reproduction of documents and other out-of-pocket expenses. (d) Authority to Resolve Protests, The City Manager or his or her designee shall have the authority to settle and resolve a protest concerning the solicitation or award of a bid. (e) Responsiveness. Prior to any decision being rendered under this Ordinance with respect to a bid protest, the City Manager and the City Attorney, or their respective designees, shall certify whether the submission of the bidder to the bid in question is responsive. The parties to the protest shall be bound by the determination of the City Manager and the City Attomey with regard to the issue of responsiveness. The d~te..-m.!.-.=t!on cf the C!.*.,' M-~.".~-gcr =nd the C!.+',' (f) Decision and Appeal Procedures. If the bid protest is not resolved by mutual agreement, the City Manager and the City Attorney, or their respective designees, shall promptly issue a decision in writing. The decision shall specifically state the reasons for the action taken and inform the protestor of his or her right to challenge the decision. Any person aggrieved by any action or decision of the City Manager, the City Attorney, or their respective designees, with regard to any decision rendered under this section may appeal said decision by filing an odginal action in the Circuit Court of the Eleventh Judicial Circuit in and for Miami-Dade County, Flodda, in accordance with the applicable court rules. Any action not brought in good faith shall be subject to sanctions including damages suffered by the City and attorney's fees incurred by the City in defense of such wrongful action. (g) Distribution. A copy of each decision by the City Manager and the City Attorney shall be mailed or otherwise furnished immediately to the protestor. (h) Stay of Procurements During Protests. In the event cfa timely protest under this section, the City shall not proceed further with the solicitation or with the award pursuant to such bid unless a wdtten determination is made by the City Manager, that the award pursuant to such bid must be made without delay in order to protect a substantial interest of the City. (i) The institution and filing of a protest under this Code is an administrative remedy that shall be employed pdor to the institution and filing of any civil action against the City conceming the subject matter of the protest. (j) Protests not timely made under this section shall be barred. Any basis or ground for a protest not set forth in the letter of protest required under this section shall be deemed waived. (k) At the time the City Manager's wdtten recommendation for award of a bid QUOTE NO. 001-03/RM CITY OF MIAMI BEACH DATE: 03/14/03 70 is presented at a meeting of the Mayor and City Commission, the City Attorney, or his or her designee, shall present a report to inform the Mayor and City Commission of any legal issues relative to any bid protest filed in connection with the bid in question. (I) The determination of the City Manager and the City Attorney with regard to all procedural and technical matters shall be final. Section 2. Section 3. Section 4. All ordinances, resolutions or parts thereof in conflict herewith be and the same are hereby repealed. If any section, sentence, clause or phrase of this Ordinance is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the validity of the remaining portions of this Ordinance. It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is hereby ordained that the provisions of this Ordinance shall become and be made part of the Code of the City of Miami Beach, Florida, The sections of this Ordinance may be renumbered or relettered to accomplish such intention, and the word "ordinance" may be changed to "section," "article," or other appropriate word. This Ordinance shall take effect ten (10) days after its adoption on the 19~h day of January, 2002. PASSED on First Reading this 19th day of December ,2001. PASSED and ADOPTED on Second Reading this 9th day of January. 2002. ATTBST: ~~YOR r'OR~ & ~ & FOR EXECt,'TIO~ AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING MIAMI BEACH CITY QUOTE NO. 001-03/RM CITY OF MIAMI BEACH DATE: 03/14/03 71 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. a. On October 1 of each year, lobbyist subject to lobbyist registration requirements shall submit to the city clerk a signed statement under oath as provided herein listing all lobbying expenditures in the city for the preceding calendar year. A statement shall be filed even if there have been no expenditures during the reporting period. The statement shall list in detail each expenditure by category, including food and beverage, entertainment, research, communication, media advertising, publications, travel, lodging and spedaleva-~'~. b. Each lobbyist and his/her principal shall, before enoaclin.cl in any iobb¥in.q activities, submit to the City Clerk a joint si,qned statement under oath disc osin.q the terms and amounts of compensation (to be) paid by each principal to the lobbyist with reRard to the . . lobby. ................ ., ...... , specific issue on which the lobbyist has been en,qaRed to """~' '"~""~""~ "~'"" "~" !c~_.b,;. If no compensation has or will be paid concerninR the subject lobby services, a statement shall nonetheless be filed reflect n,q as such. QUOTE NO. 001-03/RM Cl'l¥ OF MIAMI BEACH DATE: 03/14/03 72 c. Any change to information originally filed shall require that the lobbyist (~-".?.rld principal under subsection (b) above) file, within three business days from such chan.qed circumstances, =.". =mc~dm~-.".t siRned statement under oath amendinR to the above- referenced reports; additionally, in the event official action on the specific lobbied issue is scheduled to occur durin.q said three day period, the lobbyist and principal shall, prior to said official action, further disc_]o~_$e the amendment by publicly statinR on the record at which the official action is to occur the subiect amendment. The lobbyist (er and principal) has have a continuing duty to supply accurate information and amend said reports when so needed. (b) (d~ The city clerk shall notify any lobbyist (or principal) who fails to timely file an the expenditure 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 fineof $50.00 per day shall be assessed for reports filed after the due date. (c) (e) The city clerk shall notify the Miami-Dade County Commission on Ethics and Public Trust of the failure of a lobbyist (or principal) to file a either of the reports referenced .above and or pay the assessed fines after notification. (d) (f) A lobbyist (or principal) may appeal a fine and may request a hearing before the Miami-Dade Commission on Ethics and Public Trust. A request for a hearing on the fine must be filed with the Miami-Dade Commission on Ethics and Public Trust within 15 calendar days of receipt of the notification of the failure to file the required disclosure form. The Miami- Dade Commission on Ethics and Public Trust shall have the authority to waive the fine, in whole or in part, based on good cause shown. SECTION 2. REPEALER All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. QUOTE NO. 001-03/RM C[IY OF MIAMI BEACH DATE: 03/14/03 73 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 previsions of this ordinance shall become and be made a part of the Code of the City of Miami Beach, Florida. The sections of this ordinance may be renumbered or relettered to accomplish such intention, and the word "ordinance" may be changed to "section", "article", or other appropriate word. SECTION 5. EFFECTIVE DATE This Ordinance shall take effect 18th day of May, 2002. PASSED and ADOPTED on Second Reading this 8th day of May, 2002. ATTEST: (Requested by Commissioner Matti Bower and Co-sponsored by Commissioner Simon Cruz, Jose Smith and Richard Steinberg) Shaded language reflects changes between first and second reading. AppROVED/~S TO JKO\kw F:ATTO~OUJ~RE$-ORD\2-485.ORD.DOC r-o~J~ & ~ & FOR EXECUTION QUOTE NO. 001-03/RM DATE: 03/14/03 B]Y OF MIAMI BEACH 74