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Bid 14-02/03 (Pest Control)
CITY OF MIAMI BEACH PROCUREMENT DIVISION Interoffice Memorandum To: From: Subject: Robert Parcher City Clerk Gus Lopez, CPPO -J/"---~-~ Procurement Director/ CONTRACT FOR BID. 14-02/03, TO PROVIDE PEST FERTILIZATION SERVICE. Date: July 29, 2003 CONTROL AND 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. Gus Lopez, CPPO Procurement Director mpj F:\PURC\$ALL\Mirtha\Contracts books\04-01-02cityclerk.doc CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION ('ENTER DRIVE MIAMI BEACH, FLORIDA 33139 www.ci.miami-bcach.fl.us Procurement Division July 11, 2003 Telephone 305.673.7495 Facsimile 305.673.7851 Mr. Francisco J. Torte Tower Pest Control PO Box 440135 Miami, F1 33144 Re: NOTIFICATION OF CONTRACT AWARD - BID NO. 14-02/03 TO PROVIDE PEST CONTROL AND FERTILIZATION SERVICE. Dear Mr. Torte: The Mayor and City Commission at its July 2, 2003 meeting awarded a contract to your company to provide pest control and fertilization service, for an estimated annual amount of $66,324. Attached are four contract books forwarded to you for completion and submission of the following: 1. Sign where indicated on contract page 77 and have all four copies sealed; and 2. Attach an original Insurance Certificate to the contract book marked "Procurement" (Please make sure that ALL insurance certificates (including automobile) states that the "City of Miami Beach is Additional Insured") 3. Please complete the attached Vendor Campaign Contribution Ordinance Questionnaire and return to our office ASAP. 4. Return all four copies to this office within 10 calendar days of the above stated date. 5. Please note the revised language on Page 20, Section 2.2 - Term of Contract, and Page 1, Para. 3.1 of the Agreement, where this contract could be extended for an additional two (2) years, on a year to year basis, "At the sole discretion of the City of Miami Beach Administration" Should you have any questions, please contact Mrs. Mirtha Perez-Jimenez 305.673.7497. pCrP°cPuOrement Received by: Signature Date Xnsurance ~enC~ Page: 002-002 , , m/ITY INSURANCE T i ORP. CERTIFICATE OF ' ' ~ ~ A ~TT~ ~ ~ __ uPON T~ cERTIFICATE ONLY ~ CONFER~ NO RIGHTS EXTE~ OR HOLDER. TH~S c~TIFICATE DOES NOT ~END, ~TER T~ Co~GE ~F~D~ BY THE POLICIES BELOW. ~SUR~S ~FORDING co~AGE ~ g.O. ~ ~0135 ~ ~ 33144 THSTANDiNG :ERTIF]CATE MAY BE ISSUED OR .USIONS AND CONDITIONS OF sUCH ~ s 1000000 s 2000000 (ES ; 500000 ; ~.~s~- ~o~ ~ 500000 E.L ~S~E'PO~Y~IT $ 500000 Riemer Insurance Group, Inc. pO BoX 250 Hailan~ale ~L 3~008-0250 9hone: 800-742-1691--Pax: 954-454-9552 ~HE INSURED NAMED ABOVE FOR THE POUCY PE THE pOLICES OF INSURANCE LISTED BELow ~-v. wr~ ,~ ANY REOUtREMENT. TERM OR cONDITION OF ANY cONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS C MAy pERTNN. THE iNSURANCE AFFORDED BY THE POUCIES DESCRIBED HEREIN tS SUBJECT TO ALL THE TERMS. EXC =~.$~u~.u~,u~/ 07/21/03 07/21/04 co~ct~.t. ~E~- L.~UTV BINDER BTt~TDER Lt¥ of Miami Beach is included as an ac~itional insured. RTIFICATE HOLDER IY I AocmomU.~,-_:?~.t ~-"-'~.un'mw: __ CANrF,: ~TION CITYMI 3 a,ou~ ANY OF ~ ABOVE G 1700 Convention Center Drive Miami Beach FL 33139 [ ©.~_,_%,~D CORPORATION t998 3u! 2~ 03 O~:~E;p Tower P~$t Contr 305698633~) ~u] 24 03 04:55p Henr~ B~llo 305 557-3955 CE~FICA~ OF INSUR~CE SUCH I~U~E ~ ~SPE~ ~E I~EST OF ~E ~F~ATE H~D~ ~ NQT ~ ~R mO OR O~E~E T~I~D ~o~ GMNG ~0 DA~ ~ ~1; ~ NO~ TO ~E ~iCA~ HOLDER N~ED ~W, BUT IN NO E~ S~LL T~S C~RCA~ ~ VAUD M~ ~AN ~ DAYS ~ THE DA~ ~. ~ NOT CH~E THE C~ PRIDED BY A~ ~UCY DESC~ED ~6 ~ ~ ~ ~A~ F~ ~L ~O~E ~U~N~ ~Y ~ ~o~gto~ I~, ~ ~ STATE F~ R~ ~D ~ C~ ~ B~, B~ ~ Im~ TORRETF~NCISCO JR ~~~ 6~0W51~ PL POUCY NUMBER $3~ 5517-Ct9-~D DE~CRIF1'IOH OF 01' FORD RANGER UM~I'S Otr UABILITY pm, sa~t. o.~a~E I~s nm [~rES nm []~s ONO IZl~s [3.0 , a. b. C~ ~.~ D~ ~ D~ ~e ~ ~ ............. ~~P D~ ~.o ~Y;S D~ ~ ~ ~ ~ AGENT 2397 07/24/03 ..~1~ et Aulltorfz~ Re~ ~ Agenfs ~ Number ~ Name and Address of Certir~te Holde~ Name and Adckess of Agent CITY OF MIAMI BEACH HENRY BELLO IHS AGENCY 1700 CONVENTION CENI ER DR 1450 W 68TM ST M~,Mi BEACH. FL 33139 HIAIEAH. FL 330'[4 I I Check ii'a pelmanenl. Ce~flcale of Insurance for liability co~-rage is need~: [] Check if the Ce/tlfic;ate Holc~er should be added as an Addilional Insured: [] 1.~B..44~0 Z Rw. . ~-g4 Pdn~d In U' . S~l. 3056~86339 p. ~' I~ I I~I- ~lr ~ · ~11 I~1~1 I Jul 03 11:42a Tomer Pest Contr STA~ FARM PAYMENT PLAN 7401 OYPresn Gardena Blvd. Winter H~ven FL 33888-0001 0068-4169-19 2397-F.600 S 59 TOWER PEST CONTROL C/O FRANCISCO TORRE PO BOX q40135 MIAMI FL $$1q~-0155 I,,ll,,,Ih,,,ll,l,,hl,,llh,,,,,ll.lh,l,l,,,Ih,hl,l,,I,I 2001 FORD D13 2833-F30-59E 2001 CHEVROLET 635 5531-019-59H 1994 CADILLAC 635 5533-C06-59E 2001 FORD 638 5517-C19-59D *~POLIClES.O._N~COUNT.~ ........... 108.02 96.10 73.39 99.77 ACCOUNT NUMBER 0068-4169-1 9 Monthly Ace, cunt DATE DUE PLEASE PAY THIS AMOUN' dUL 19 2003 $378.28 ** BILLING SUMMARY ** Last Amount Billed $378.28 Last Amount Paid -378.28 JUN 2S, 2003 Difference 0.00 Current Installment 377.28 Service Charge 1.00 '1 ot~l-A~6Q-~t Doe- .... By JUL 19, 2003 $378.28 Changes completed after 7-01-03 will appear the next notice. We appreciate the way you consistently pay yot account. CURRENT INSTALLMENT $377.28 Agent Henry 8ello Ins Agcy Inn Telephone 305-557-1176 Prepared Date JUL 1 2003 AGREEMENT THIS AGREEMENT made this 2nd day of July 2003 A.D. between the CITY OF MIAMI BEACH, a Florida municipal corporation, hereinafter called the City, which term shall include its successors and assigns, party of the one part, and Tower Pest Control PO Box 440135 Miami, F1 33144 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 "TO PROVIDE PEST CONTROL AND FERTILIZATION SERVICES" 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 provide and complete in a good and workmanlike manner the materials herein referred to, strictly in accord herewith the following: 3.1 The Contractor shall provide Pest Control and Fertilization Services five (5) days a week until September 30, 2004 in accordance with the Terms and Conditions of these contract documents. This contract could be extended for an additional two (2) years, on a year to year basis, at the sole discretion of the City of Miami Beach Administration. 3.2 Damages - City and Contractor recognize that the City will suffer direct financial loss if Work is not completed as specified in the contract documents. They also recognize the delays, expense and difficulties involved in a legal or arbitration proceeding the actual loss suffered by Owner if the Work/Services are not completed as scheduled. The Contractor agrees to forfeit and pay Owner as liquidated damages for non or unsatisfactory performance (but not as a penalty) the amount of Two Hundred Dollars ($200.00) for each calendar day as specified in Section 6.4.0, Deficiency Notices and Liquidated Damages. These amounts represent a reasonable estimate of Owner's expenses for extended delays, for inspection, to make required provisions for services in order to bring the Work/Services to satisfactory conditions, and administrative costs associated with such delay as specified in Section 6.5.0, City of Miami Beach Right to Correct Deficiencies. In such Work 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 Work and enter upon and inspect the same at all reasonable times. If any dispute arises between the City and said Contractor with reference to the meaning or requirements of any part of this Contract and they cannot agree, the more stringent requirements shall govern as determined by the City. If the Contractor shall complete the Work 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 Work after the time for its completion hereinbefore stated shall not deprive City of the right to exercise any option in this Agreement contained nor shall it operate to alter any other teim of this Agreement. The Contractor shall file Insurance Certificates, as required, and they must be signed by a Registered Insurance Agent licensed in the State of Florida and approved by the City of Miami Beach Risk Manager. - All documents shall be executed satisfactorily to said City and until Bonds and Insurance Certificates have been filed and approved, this Contract Agreement shall not be effective. Owner shall pay Contractor for perfmmance of the Work in accordance with the Contract Documents in current funds at the lump sum or unit prices presented in the Bid Proposal, attached to this Agreement. The parties expressly agree that the Contract Price is a stipulated sum except with regard to the items in the Bid which are subject to unit prices. Contract Price: $66~324 2 10. The Contract Documents which comprise the entire Agreement between City and Contractor are attached to this Agreement and made a part hereof. The Contract Documents may only be amended, modified or supplemented as provided in the General Conditions. IN WITNESS WHEREOF the said City has caused this Agreement to be signed by the Mayor of the City of Miami Beach, Florida and its corporate seal to be affixed, attested by the City Clerk of the City of Miami Beach and the said Contractor has caused this Agreement to be signed it its name. Contractor (SEA ) CITY OF MIAMI BEACH By. By (Authorized Corporate Officer) Mayor Title ATTEST: City Clerk CITY OF MIAMI BEACH Procurement Division Telephone 305 673-7495 Facsimile 305 673-7851 March 25, 2003 TO ALL CITY OF MIAMI BEACH VENDORS RE: PROHIBITED CAMPAIGN CONTRIBUTIONS BY VENDORS The General Municipal Election for 2003 is under way and some candidates have already filed their intent to run for the office of Mayor or Commissioner for the City of Miami Beach. It is of utmost importance that you familiarize yourself and adhere to the requirements set forth in the City's Vendor Prohibited Campaign Contributions Ordinance No. 2003-3389 (the "Ordinance"). Failure to adhere could result in your disqualification from transacting business with the City for a period of time. The Ordinance was adopted to ensure that no person who is a vendor of the City of Miami Beach, gives a campaign contribution directly, or through a member of the person's immediate family, or through a political action committee, or through any other person, to a candidate, or to the campaign committee of a candidate, for the offices of Mayor or Commissioner. This prohibition applies to natural persons and to persons who hold a controlling financial interest in business entities. The definitions of "vendor" and "controlling financial interest" are as follows: "Vendor" means a person and/or entity who has been selected by the City as the successful bidder on a present or pending bid for goods, equipment or services, or has been approved by the City on a present or pending award for goods, equipment or services, prior to or upon execution of a contract, purchase order or standing order. "Controlling Financial Interest" means 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. "Firm" means a corporation, partnership, business trust or any legal entity other than a natural person. The City will ensure that pdor to recommending any vendor for a contract award and/or issuance of a purchase order that vendors are not in violation of the Ordinance. The City will not recommend the award of a contract or issue a purchase/standing order unless the City knows the names of the individuals with a controlling financial interest as defined above. Please provide the names of all individuals or entities (including your sub- consultants) with a controlling financial interest to the following address: City of Miami Beach Procurement Division 1700 Convention Center Drive Miami Beach, FL 33139 Failure to provide the following information will result in future contract award(s) or pumhase order(s) not being awarded or issued. Vendors with existing contracts or purchase orders must also provide this information to avoid termination and/or non- renewal of contract or purchase orders. Please complete the attached document and return to the above address by April 14, 2003. Should you need additional information or clarification, I may be reached by phone 305.§73.7490; fax: 305.673.7851; or e-mail: .quslopez~.miamibeachfl.qov-7- Sincerely, Gus B Procurement Director Attachment: Vendor Campaign Contribution Ordinance Questionnaire C; Mayor and Members of the City Commission Jorge M. Gonzalez, City Manager Murray Dubbin, City Attorney Mayra Diaz Buttacavoli, Assistant City Manager Robert Parcher. City Clerk JMG:MDB:GL It:IPURC~$ALL~G US~CITYMGRtVendorCampaignProhibition.doc VENDOR CAMPAIGN CONTRIBUTION ORDINANCE QUESTIONAIRE Vendor Name: Street Address: Telephone Number: E-Mail Address: Facsimile Number: (PLEASE PRINT CLEARLY OR TYPE) OWNER(S) WITH CONTROLLING FINANCIAL INTEREST: NAME OOtqco TITLE [] I'M NOT A VENDOR. [] WE DO NOT HAVE -S~natu~e~ - ANY INDIVIDUALS WITH A CONTROLLING Date FINANCIAL INVITATION FOR BIDS TO PROVIDE PEST CONTROL AND FERTILIZATION SER VICES BID # 14-02/03 BID OPENING: MAY 1, 2003, ~ 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\$ALLLMirtha~DS\14-02-03 PEST CONTROL.doc CONTRACTOR BID NO: 14-02/03 CITY OF MIAMI BEACH DATE: 4~8/03 1 CITY OF MIAMI BEACH 1700 CONVENTION CENTER DRIVE, MIAMI BEACH. FLORIDA 33139 httpS\ci.miami-beach fi.us PROCUREMENT DIVISION Telephone (305) 673-7490 Facsimile (305) 673-7851 INVITATION TO BID NO. 14-02/03 ADDENDUM NO. 1 April 23, 2003 TO PROVIDE PEST CONTROL AND FERTILIZATION SERVICES is amended as follows: I. CHANGE: The Estimated Budget for this Project is $80,000. II. ADD: The City of Miami Beach Parks Maintenance Division has paid Pearls Power Spray approximately $45,000 this past year for Pest Control and Fertilization Services. Inasmuch as this change does not materially affect the bid document, proposers are not required to acknowledge this addendum to be deemed responsive. CITY OF MIAMI BEACH Gus Lopez, CPPO Procurement Director je CITY OF MIAMI BEACH COMMISSION ITEM SUMMARY Condensed Title: Request for Approval to Award a Contract to Tower Pest Control in the Annual Estimated Amount of $66,324, Pursuant to Bid No. 14-02/03, To Provide Pest Control and Fertilization Service. lesue: I Shall the City C°mmissi°n award a conlract t° the '°west and best bidder' T°wer Pest C°ntr°'? I Item Summary/Recommendation: Bested on lhe analysis of the bids received, it is recommended that the City Commission authorize the award of contract to Tower Pest Control in the annual estimated amount of $66,324, pursuant to Bid No. 14-02/03, to provide pest control and fertilization services. The work shall include but not be limited to, the supply of staff, expertise and equipment to apply herbicide/insecticide as needed and various forms of fertilizer as scheduled. This contract will commence the day after date of award by the City Commission and will remain in effect until September 304 2004. Providing the successful bidder will agree to maintain the same price, terms and conditions of the current contract, this contract could be extended for an additional two (2) years, on a year to year basis, if mutually agreed upon by both parties. Advisory Board Recommendation: Financial Information: · 8ource of Amount Account Approved Funds: I $11,054 011.0940.000312 - FY 02/03 ! 2 $55,270 011.0940.000312 - Included in FY 03/04 Budget Request Finance Dept. Total $66,324 -'--'' "" ' City Clerk'a Office Legislative Tracking: IKevin Smith Sign-Offs: I . D/~partment Director As,lstant City Manager City Man r AGENDA ITEM DATE CitY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139 www.mlamlbeachfl.gov , To: From: Subject: COMMISSION MEMORANDUM Mayor David Dermer and Date: July 2, 2003 Members of the City Commission Jorge M. Gonzalez ~ . ~. _ ~ City Manager ~ r,~-~.-'¢,"~ %.... REQUEST FOR APPROVAL TO AWJ~D A CONTRACT TO TOWER PEST CONTROLIN THE ANNUAL ESTIMATED AMOUNT OF $66,324, PURSUANT TO INVITATION TO BID NO. 14-02/03, TO PROVIDE PEST CONTROL AND FERTILIZATION SERVICE. RECOMMENDATION Approve the Award of Contract. FUNDING: $11,054 Funding is available from Budget Account No. 011.0940.000312 FY 02/03. ' 55~270 Funding is included in the FY 03/04 budget request in Budget Account No. 011.0940.000312. $66,324 Total ANALYSIS: The work specified in Invitation to Bid No. 14-02/03 (the "Bid") consists of furnishing all labor, machinery, tools, means of transportation, supplies, equipment, services and incidentals necessary to provide general landscape area pest control and fertilization services as specified in the contract. The work shall include but not be limited to, the supply of staff, expertise and equipment to apply herbicide/insecticide as needed and various forms of fertilizer as scheduled. This contract will commence the day after date of award by the City Commission and will remain in effect until September 30, 2004. Providing the successful bidder will agree to maintain the same price, terms and conditions of the current contract, this contract could be extended for an additional two (2) years, on a year to year basis, if mutually agreed upon by both parties. In the event that the contract is held over beyond the term herein provided it shall only be from a month-to-month basis only and shall not constitute an implied renewal of the contract. Said month-to-month extension shall be upon the same terms of the contract and at the compensation and payment provided herein. Bid 14-02/03 July 2, 2003 Page 3 CONTRACTOR'S VEHICLES Contractor's vehicles will be in good repair, free from leaking fluids, properly registered, of uniforf~, color and shall bear the company name on each side in not less than 3-1/2' letters unless otherwise prescribed by law or ordinance. Deficiency Notices and Liquidated Damages If the City of Miami Beach Project Manager determines that there are deficiencies in the performance of the contract, the Project Manager will notify the City of Miami Beach Procurement Director, in writing, of the deficiencies and the Procurement Director will subsequently issue a Notice. to the Contractor to correct the deficiencies within seven (7) days of notification. If both parties agree that actual damages would require more than seven (7) days to repair, a time frame, in writing, will be dete..ined by the City of Miami Beach Procurement · Director for that deficiency. The parties agree that the Contractor will be liable to the City of Miami Beach for liquidated damages (not a penalty) in the amount of two hundred dollars ($200.00) per day, for each day exceeding the above noted time frame, per deficiency that the Contractor fails to correct deficiencies in the Notice. City of Miami Beach Right to Correct Deficiencies Additionally, and notwithstanding the above provision, the City has the right to move on site with City fomes or private Contractors to correct deficiencies seven (7) days after notification in writing, by the City of Miami Beach Parks and Recreation Department Director, or his designee. If, in the sole discretion or judgment of the Project Manager, and' Procurement Director, the Contractor and/or his employee(s) are not properly performing the services required under the Contract, then the Contractor and/or all employees may be temporarily replaced by City personnel and payment to be made by the City may be suspended while the matter is being investigated. Total costs incurred by completion of the work by the City will be deducted and forfeited from the payments to the Contractor from the City. This section will not be construed as a- penalty, but as an adjustment of payment to Contractor for only the work actually performed, and the recovering of City costs from the failure of the Contractor to complete or comply with the provision of the Contract. Quality Control - Performance Reports The Contractor will submit to the City of Miami Beach Project Manager a report of his performance for the preceding month, under terms of the Contract. These reports will be postmarked no later than the fifth (5th) day of each month following the month in which services were performed. Failure to do so will result in delay of payment until this requirement is fulfilled. The City will provide forms for performance reporting. Bid 14-02/03 July 2, 2003 Page 5 BID PROCESS Invitation of Bid No. 14-02/03 was issued on April 11,2003, with an opening date of May 1, 2003. A Pre-Bid Conference was held on April 16, 2003, DemandStar by Onvia issued bid notices to 370 prospective bidders. This resulted in 16 vendors requesting bid packages, which resulted in the receipt of two responsive bids, and one Non-responsive bid from Pearl's Power Spray. The Administration, in consultation with the City Attorney's Office, determined that since Pearl's bid contained a deviation in its unit pricing and total amount bid that said deviation was the basis for disqualification. -- Pearl's total based on its unit pricing was $26,460, however, its grand total bid was $69,000. The Procurement Division requested clarification from Pead's, and was provided with a letter that stated their bid total is $69,000. Therefore, award is being recommended to the lowest and best bidder, Tower Pest control, at a total amount of $66,324. BID TABULATION Comoanv Job Clesslflcatlon TotallAnnp~! Job Total Grand Pest Control Project Claesiflcatlon Annual Total Supervisor Pest control Est. Hours (year) 60 Technician EeL Houm (yesr) 2080 Tower Pest X 481.40 p/h $28,884.00 X $18.00 p/h $37,440.00 $66,324.00 Control * Pearl's X $25.00 p/h $1,500.00 X $12.00 p/h $24,960.00 $26,460.00 Power Spray $69,000.00 Amount) Tropics North X 57.00 p/h $3,420.00 X 35.00 p/h $72,800.00 $76,220.00 Inc. * Non-Responsive Vendor Campaign Contribution Information. The following individuals have a controlling financial interest. Francisco J. Torre Francisco Torre Carmen M. Torre CONCLUSION Based on the analysis of the bids received, it is recommended that the contract be awarded to the lowest and best bidder, Tower Pest Control. T:~AGENDA~2003~jul0203\consenflpest control comm memo 14-02-03.doc __ 15 1700 CONVENTION CENTER DRIVE, MIAMI BEACH, FLORIDA 33t39 http:\\miamibeachfi.gov PROCUREMENT DIVISION PUBLIC NOTICE INVITATION TO BID NO. 14-02/03 Telephone (305) 673-7490 Facsimile (305) 673-7851 Sealed bids will be received by the City of Miami Beach Procurement Director, 3rd Floor, 1700 Convention Center Drive, Miami Beach, Florida 33139, until 3:00 p.m. on the 1 st day of May 2003 for the following project: TO PROVIDE PEST CONTROL AND FERTILIZATION SERVICES Scope of Work: The work specified in this bid consists of fumishing all labor, machinery, tools, means of transportation, supplies, equipment, materials, and services necessary for the Pest Control Operations and Fertilizer Application Services, at all City controlled locations within the City of Miami Beach as specified in the bid documents. Minimum Requirements: The Contractor must have a minimum of 2 years continuous service/experience in the State of Florida providing Pest Control Operations and Fertilizer Application Services. The Contractor shall be fully licensed with all required State and/or Local government licenses, and permits (irrigation, pest control, horticultural services, etc.). The Contractor must have a proven history in the care and maintenance of South Florida plant material. Contractor shall provide a minimum of two (2) separate references for Pest Control Operations and a minimum of two (2) separate references for Fertilizer Application Service, with each project having a minimum total cost of five-thousand dollars ($5,000) each. Estimated Budget: $70,000.00. A Pre-Bid Conference will be held at 10:00 A.M.on APRIL 16, 2003 at City of Miami Beach, City Hall, City Manager's Small Conference Room, located at 1700 Convention Center Drive, Miami Beach, Florida. Attendance at the Prebid Conference is highly encouraged and recommended as a source of information but is not mandatory. Bid Guaranty: A Bid Guaranty is not required for this bid, however the successful bidder will be required to provide evidence of required insurance within ten (10) calendar days after notification of award of the contract. BID NO: 14-02/03 CITY OF MIAMI BEACH DATE: 4/8/03 2 At time, date, and place above, bids will be publicly opened. Any bids or proposals received after time and date specified will be returned to the bidder unopened. The responsibility for submitting a bid/proposal before the stated time and date is solely and strictly the responsibility of the bidder/proposer. The city is not responsible for delays caused by mail, courier service, including U.S. Mail, or any other occurrence. 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 notifications or to obtain a copy of this Bid, go to www. flemandstar.eom or call toll-free 1-800- 711-1712, and request Document//143. Subscribing to DernandStar by Onvia's bid notification system is not a requirement. You will still be able to find bid infomiation and download documents through the City's website (http://miamibeachfl.gov). From the City's-home page, click on Procurement and follow the instructions. Any questions or clarifications concerning this Bid shall be submitted in writing by mail or facsimile to the Procurement Division, 1700 Convention Center Drive, Miami Beach, FL 33139, or FAX: (305) 673-7851. The Bid title/number shall be referenced on all correspondence. All questions must be received no later than ten (10) calendar days prior to the scheduled Bid opening date. All responses to questions/clarifications will be sent to all prospective bidders in the form of an addendum. The City of Miami Beach reserves the right to accept any proposal or bid deemed to be in the best interest of the City of Miami Beach, or waive any informality in any proposal or bid. The City of Miami Beach may reject any and all proposals or bids. YOU ARE HEREBY ADVISED THAT THIS INVITATION TO BID IS SUBJECT TO THE "CONE OF SILENCE, "IN ACCORDANCE WITH ORDINANCE NO. 99-3164. A COPY OF ALL WRITTEN COMMUNICATION(S) REGARDING THIS BID MUST BE FILED WITH THE CITY CLERK. YOU ARE HEREBY ADVISED THAT THIS INVITATION TO BID IS SUBJECT TO THE "CODE OF BUSINESS ETHICS" ("CODE"), IN ACCORDANCE WITH RESOLUTION NO. 2000-23879. YOU ARE HEREBY ADVISED THAT THIS INVITATION TO BID IS SUBJECT TO THE CITY OF MIAMI BEACH DEBARMENT ORDINANCE NO. 2000-3234. YOU ARE HEREBY ADVISED THAT THIS INVITATION TO BID IS SUBJECT TO THE BID SOLICITATION PROTEST ORDINANCE NO. 2002-3344. BID NO: 14-02/03 CITY OF MIAMI BEACH DATE: 4/8/03 3 YOU ARE HEREBY ADVISED THAT THIS BID IS SUBJECT TO THE LOBBYIST FEE DISCLOSURE ORDINANCE NO. 2002-3363. YOU ARE HEREBY ADVISED THAT THIS BID SOLICITATION IS SUBJECT TO THE CAMPAIGN CONTRIBUTIONS BY VENDORS ORDINANCE NO. 2003-3389. CITY OF MIAMI BEACH Gus Lopez, CPPO Procurement Director BID NO: 14-02/03 CITY OF MIAMI BEACH DATE: 4/8/03 4 CITY OF MIAMI BEACH 1700 CONVENTION CENTER DRIVE, MIAMI BEACH, FLORIDA 33139 http:\~mia mibeachfl.gov PROCUREMENT DIVISION Telephone (305) 673-7490 Facsimile (305) 673-7851 BID #14-02/03 ~' NOTICE TO PROSPECTIVE BIDDERS NO BID If not submitting a bid at this time, please detach this sheet from the bid documents, complete the information requested, and return to thc address listed above. NO BID SUBMITTED FOR REASON(S) CHECKED AND/OR INDICATED: Our company docs not handle this type of product/service. Wc cannot meet the specifications nor provide an alternate equal product. Our company is simply not interested in bidding at this time. Due to prior commitments, I was unable to attend pre-proposal meeting. OTHER. (Please specify) We do __ do not __ want to be retained on your mailing list for future bids for the type or product and/or service. Signature: Title: Company: Note: Failure to respond, either by submitting a bid or this completed form, may result in your company being removed from the City's bid list. BID NO: 14-02/03 CITY OF MIAMI BEACH DATE: 4/8/03 5 TO PROVIDE PEST CONTROL AND FERTILIZATION SERVICES BID # 14-02/03 1.0 GENERAL CONDITIONS 1.1 SEALED BIDS: Original copy of Bid Form as well as any other pertinent documents must be returned in order for the bid to be considered for award. All bids are subject to the conditions specified hereon and on the attached Special Conditions, Specifications and Bid Form. The completed bid must be submitted in a sealed envelope clearly marked with the Bid Title to the City of Miami Beach Procurement Division, 3rd floor, 1700 Convention Center Drive, Miami Beach, Florida 33139. Facsimile bids will not be accepted. 1.2 EXECUTION OF BID: Bid must contain a manual signature of an authorized representative in the space provided on the Bid Form. Failure to properly sign bid shall invalidate same and it shall NOT be considered for award. All bids must be completed in pen and ink or typewritten. No erasures are permitted. 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 fo,m, signed by bidders and attached to the bid. 1.3 NO BID: If not submitting a bid, respond by returning the enclosed bid from questionnaire, and explain the reason. Repeated failure to bid without sufficient justification shall be cause for removal of a supplier's name from the bid mailing list. 1.4 PRICES QUOTED: Deduct trade discounts and quote firm net prices. Give both unit price and extended total, when requested. Prices must be stated in units of quantity specified in the bidding specifications. In case of discrepancy in computing the amount of the bid, the UNIT PRICE quoted will govern. All prices must be F.O.B. destination, freight prepaid (unless otherwise stated in special conditions). Discounts for prompt payment. Award, if made, will be in accordance with terms and conditions stated herein. Each item must be bid separately and no attempt is to be made to tie any item or items in with any other item or items. Cash or quantity discounts offered will not be a consideration in determination of award of bid(s). BID NO: 14-02/03 CITY OF MIAMI BEACH DATE: 4/8/03 6 1.5 TAXES: The City of Miami Beach is exempt from all Federal Excise and State taxes. State Sales Tax and Use Certificate Number is 04-00097-09-23. 1.6 MISTAKES: Bidders are expected to examine the specifications, delivery schedules, bid prices and extensions and all instructions pertaining to supplies and services. Failure to do so will be at the biddefs risk. 1.7 CONDITION AND PACKAGING: It is understood and agreed that any item offered or shipped as a result of this bid shall be the latest new and current model offered (most current production model at the time of this bid). All containers shall be suitable for storage or shipment, and all prices shall include standard commercial packaging. 1.8 UNDERWRITERS' LABORATORIES: Unless otherwise stipulated in the bid, all manufactured items and fabricated assemblies shall be U.L. listed or re-examination listing where such has been established by U.L. for the item(s) offered and furnished. 1.9 1.10 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, hc 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, arc infmmational guides as to a standard of acceptable product quality level only and should not be construed as an endorsement or a product limitation of recognized and legitimate manufacturers. Bidders shall formally substantiate and verify that product(s) offered conform with or exceed quality as listed in the specifications. Bidder shall indicate on the bid form the manufacturer's name and number if bidding other than the specified brands, and shall indicate ANY deviation from the specifications as listed. Other than specified items offered requires complete descriptive technical literature marked to indicate detail(s) conformance with specifications and MUST BE INCLUDED WITH THE BID. NO BIDS WILL BE CONSIDERED WITHOUT THIS DATA. Lacking any written indication of intent to quote an alternate brand or model number, the bid will be considered as a bid in complete compliance with the specifications as listed on the attached form. 1.11 (NOT USED) BID NO: 14-02/03 CITY OF MIAMI BEACH DATE: 4/8/03 7 1.12 1.13 1.14 (NOT USED) NON-CONFORMANCE TO CONTRACT CONDITIONS: Items may be tested for compliance with specifications. Item delivered, not conforming to specifications, may be rejected and returned at vendor's expense. These items and items not delivered as per delivery date in bid and/or purchase order may be purchased on the open market. Any increase in cost may be charged against the bidder. Any violation of these stipulations may also result in: A) Vendor's name being removed from the vendor list. B) All departments being advised not to do business with vendor. SAMPLES: Samples of items, when-required, must be furnished free of expense and, if not destroyed, will, upon request, be returned at the bidder's expense. Bidders will be responsible for the removal of all samples furnished within (30) days after bid opening. All samples will be disposed of after thirty (30) days. Each individual sample must be labeled with bidder's name. Failure of bidder to either deliver required samples or to clearly identify samples may be reason for rejection of the bid. Unless otherwise indicated, samples should be delivered to the Procurement Division, 1700 Convention Center Drive, Miami Beach, FL 33139. 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 ofpumhase order, in space provided. Delivery time may become a basis for making an award. Delivery shall be within the nmmal working hours of the user, Monday through Friday, excluding holidays. 1.16 INTERPRETATIONS: Unless otherwise stated in the bid, any questions concerning conditions and specifications should be submitted in writing to the Procurement Director, 1700 Convention Center Drive, Miami Beach, FL 33139. Fax (305) 673-7851. 1.17 (NOT USED) 1.18 (NOT USED) 1.19 BID OPENING: Bids shall be opened and publicly read on the date, time and place specified on the Bid Form. All bids received after the date, time, and place shall be returned, unopened. 1.20 INSPECTION, ACCEPTANCE & TITLE: Inspection and acceptance will be at destination unless otherwise provided. Title to/or risk of loss or damage to all items shall be the responsibility of the successful bidder until acceptance by the buyer unless loss or damage result from negligence by the buyer. If the materials or services supplied to the City are found to be defective or not conform to specifications, the City reserves the right to cancel the order upon written notice to the seller and return product at bidder's expense. BID NO: 14-02/03 CITY OF MIAMI BEACH DATE: 4/8/03 8 1.21 1.22 PAYMENT: Payment will be made by the City after the items awarded to a vendor have been received, inspected, and found to comply with award specifications, free of damage or defect and properly invoiced. DISPUTES: In case of any doubt or difference of opinion as to the items to be furnished hereunder, the decision of the City shall be final and binding on both parties. 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 (NOT USED) 1.26 PATENTS & ROYALTIES: The bidder, without exception, shall indemnify and save harmless the City of Miami Beach, Florida and its employees from liability of any nature or kind, including cost and expenses for, or on account of, any copyrighted, patented, or unpatented invention, process, or article manufactured or used in the performance of the contract, including its use by The City of Miami Beach, Florida. If the bidder uses any design, device or materials covered by letters, patent, or copyright, it is mutually understood and agreed, without exception, that the bid prices shall include all royalties or cost arising from the use of such design, device, or materials in any way involved in the work. 1.27 OSHA: The bidder warrants that the product supplied to the City of Miami Beach, Florida shall conform in all respects to the standards set forth in the Occupational Safety and Health Act of 1970, as amended, and the failure to comply with this condition will be considered as a breach of contract. Any fines levied because of inadequacies to comply with these requirements shall be borne solely by the bidder responsible for same. 1.28 SPECIAL CONDITIONS: Any and all Special Conditions that may vary from these General Conditions shall have precedence. 1.29 ANTI-DISCRIMINATION: The bidder certifies that he/she is in compliance with the non-discrimination clause contained in Section 202, Executive Order 11246, as amended by Executive Order 11375, relative to equal employment opportunity for all persons without regard to race, color, religion, sex or national origin. BID NO: 14-02/03 CITY OF MIAMI BEACH DATE: 4/8/03 9 1.30 1.31 1.32 1.33 1.34 1.35 1.36 AMERICAN WITH DISABILITIES ACT: Call (305) 673-7490/VOICE to request material in accessible format; sign language interpreters (five days in advance when possible), or info~mation on access for persons with disabilities. For more information on ADA compliance please call Heidi Johnson Wright, 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. (NOT USED) LIABILITY, INSURANCE, LICENSES AND PERMITS: Where bidders are required to enter or go onto City of Miami Beach property to deliver materials or perform work or services as a result of a bid award, the successful bidder will assume the full duty, obligation and expense of obtaining all necessary licenses, permits and insurance and assure all work complies with all applicable Dade County and City of Miami Beach building code requirements and the South Florida Building Code. The bidder shall be liable for any damages or loss to the City occasioned by negligence of the bidder (or agent) or any person the bidder has designated in the completion of the contract as a result of his or her bid. BID GUARANTY: N/A DEFAULT: Failure or refusal of a bidder to execute a contract upon award, or withdrawal 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 CANCELLATION: In the event any of the provisions of this bid are violated by the contractor, the Procurement Director shall give written notice to the contractor stating the deficiencies and unless deficiencies are corrected within ten (10) days, recommendation will be made to the City Commission for immediate cancellation. The City Commission of Miami Beach, Florida reserves the right to terminate any contract resulting from this invitation at any time and for any reason, upon giving thirty (30) days prior written notice to the other party. BID NO: 14-02/03 CITY OF MIAMI BEACH DATE: 4/8/03 10 1.37 1.38 1.39 1.40 1.41 BILLING INSTRUCTIONS: Invoices, unless otherwise indicated, must show purchase order numbers and shall bc submitted in DUPLICATE to the City of Miami Beach, Accounts Payables Department, 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 BID PROTEST PROCEDURES: Bidders that are not selected may protest any recommendation for Contract award in accordance with City of Miami Beach Ordinance No. 2002-3344, which establishes procedures for resulting protested bids and proposed awards. Protest not timely pursuant to the requirements of Ordinance No. 2002-3344 shall be barred. 1.45 (NOT USED) 1.46 CLARIFICATION AND ADDENDA TO BID SPECIFICATIONS: If any person contemplating submitting a Bid under this Solicitation is in doubt as to the true meaning of the specifications or other Bid documents-or any part thereof, the Bidder must submit to the City of Miami Beach Procurement Director at least ten (10) calendar days prior to scheduled Bid opening, a request for clarification. All such requests for clarification must be made in writing and the person submitting the request will be responsible for its timely delivery. 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. BID NO: 14-02/03 CITY OF MIAMI BEACH DATE: 4/8/03 11 1.47 A copy of such Addendum shall be sent by mail or facsimile to each Bidder receiving the Solicitation. In the event of conflict with the original Contract Documents, Addendum shall govern all other Contract Documents to the extent specified. Subsequent addendum shall govern over prior addendum only to the extent specified. The Bidder shall be required to acknowledge receipt of the Formal Addendum by signing in the space provided on the Bid Proposal Form. Failure to acknowledge Addendum shall deem its Bid non-responsive; provided, however, that the City may waive this requirement in its best interest. The City will not be responsible for any other explanation or interpretation made verbally or in writing by any other city representative. DEMONSTRATION OF COMPETENCY: 1) Pre-award inspection of the Bidder's facility may be made prior to the award of contract. Bids will only be considered from firms which are regularly engaged in the business of providing the goods and/or services as described in this Bid. Bidders must be able to demonstrate a good record of performance for a reasonable period of time, and have sufficient financial support, equipment and organization to insure that they can satisfactorily execute the services if awarded a contract under the terms and conditions herein stated. The terms "equipment and organization" as used herein shall be construed to mean a fully equipped and well established company in line with the best business practices in the industry and as determined by the City of Miami Beach. 2) The City may consider any evidence available regarding the financial, technical and other qualifications and abilities of a Bidder, including past performance (experience) with the City in making the award in the best interest of the City. 3) The City may require Bidders to show proof that they have been designated as authorized representatives of a manufacturer or supplier which is the actual source of supply. In these instances, the City may also require material information from the source of supply regarding the quality, packaging, and characteristics of the products to be supplies to the City through the designated representative. Any conflicts between this material infoanation provided by the source of supply and the information contained in the Bidder's Proposal may render the Bid non-responsive. 4) The City may, during the period that the Contract between the City and the successful Bidder is in force, review the successful Bidder's record of performance to insure that the Bidder is continuing to provide sufficient financial support, equipment and organization as prescribed in this Solicitation. Irrespective of the Bidder's performance on contracts awarded to it by the City, the City may place said contracts on probationary status and implement termination procedures if the City determines that the successful Bidder no longer possesses the financial support, equipment and organization which would have been necessary during the Bid evaluation period in order to comply with this demonstration of competency section. BID NO: 14-02/03 CITY OF MIAMI BEACH DATE: 4~8/03 12 1.48 1.49 1.50 1.51 1.52 DETERMINATION OF AWARD The City Commission shall award the contract to the lowest and best bidder. In determining the lowest and best bidder, in addition to price, there shall be considered the following: a. The ability, capacity and skill of the bidder to perform the Contract. b. Whether the bidder can perfmm the Contract within the time specified, without delay or interference. c. The character, integrity, reputation, judgement, experience and efficiency of the bidder. d. The quality of performance of previous contracts. e. The previous and existing compliance by the bidder with laws and ordinances relating to the Contract. ASSIGNMENT: The contractor shall not assign, transfer, convey, sublet or otherwise dispose of this contract, including any or all of its right, title or interest therein, or his or its power to execute such contract to any person, company or corporation without prior written consent of the City of Miami Beach. LAWS, PERMITS AND REGULATIONS: The bidder shall obtain and pay for all licenses, pemfits 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. OPTIONAL CONTRACT USAGE: As provided in Section 287.042 (17), Florida Statutes, other State agencies may purchase from the resulting contract, provided the Department of Management Services, Division of Procurement, has certified its use to be cost effective and in the best interest of the State. Contractors have the option of selling these commodities or services certified by the Division to the other State agencies at the agencies option. SPOT MARKET PURCHASES: It is the intent of the City to purchase the items specifically listed in this bid from the awarded vendor. However, items that are to be ASpot Market Purchased= may be purchased by other methods, i.e. Federal, State or local contracts. -~- 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 City upon any debt, taxes or contracts which are defaulted as surety or otherwise upon any obligation to the City. WAIVER OF INFORMALITIES The City reserves the right to waive any informalities or irregularities in this bid solicitation. BID NO: 14-02/03 CITY OF MIAMI BEACH DATE: 4/8/03 13 1.56 1.57 1.58 1.59 ESTIMATED QUANTITIES Estimated quantities or estimated dollars, if provided, are for City guidance only. No guarantee is expressed or implied as to quantities or dollars that will be used during the contract period. The City is not obligated to place any order for a given amount subsequent to the award of this bid solicitation. Estimates are based upon the City's actual needs and/or usage during a previous contract period. The City for purposes ofdetemfining the low bidder meeting specifications may use said estimates. COLLUSION Bids from related parties. Where two (2) or more related parties each submit a bid or proposal for any contract, such bids or proposals shall be presumed to be collusive. The foregoing presumption may be rebutted by presentation of evidence as to the extent of ownership, control and management of such related parties in the preparation and submittal of such bids or proposals. Related parties mean bidders or proposers or the principals thereof which have a direct or indirect ownership interest in another bidder or proposer for the same contract or in which a parent company or the principals thereof of one (1) bidder or proposer have a direct or indirect ownership interest in another bidder or proposer for the same contract. Bids or proposals found to be collusive shall be rejected. Bidders or Proposers who have been found to have engaged in collusion may be considered non-responsible, and may be suspended or debarred, and any contract resulting from collusive bidding may be terminated for default. DISPUTES In the event of a conflict between the documents, the order of priority of the documents shall be as follows: · Any agreement resulting from the award of this Bid (if applicable); then · Addenda released for this Bid, with the latest Addendum taking precedence; then · The Bid; then · Awardee's Bid. REASONABLE ACCOMMODATION In accordance with the Title II of the Americans with Disabilities Act, any person requiring an accommodation at the RFP opening because of a disability must contact Heidi Johnson Wright at the Public Works Department at (305) 673-7080. GRATUITIES Proposers shall not offer any gratuities, favors, or anything of monetary value to any official, employee, or agent of the City, for the purpose of influencing consideration of this proposal. BID NO: 14-02/03 CITY OF MIAMI BEACH DATE: 4/8/03 14 1.60 SIGNED BID CONSIDERED AN OFFER The signed bid shall be considered an offer on the part of the bibber or contractor, which offer shall be deemed accepted upon approval by the City Commission of the City of Miami Beach, Florida and in case of default on the part of successful bidder or contractor, after such acceptance, the City may procure the items or services from other sources and hold the bidder or contractor responsible for any excess cost occasioned or incurred thereby. Additionally, the City may take such action. 1.61 BID CLARIFICATION: Any questions or clarifications concerning this Invitation to Bid shall be submitted in writing by mail or facsimile to the Procurement Department, 1700 Convention Center Drive, Miami Beach, FL 33139 FAX: (305) 673-7851. The bid title/number shall be referenced on all correspondence. All questions must be received no later than seven (7) calendar days prior to th-ffscheduled bid opening date. All responses to questions/clarifications will be sent to all prospective bidders in the form of an addendum. NO QUESTIONS WILL BE RECEIVED VERBALLY OR AFTER SAID DEADLINE. 1.62 TIE BIDS: Please be advised that in accordance with Florida Statues Section 287.087, regarding identical tie bids, preference will be given to vendors certifying that they have implemented a drug free work place program. A certification form will be required at the time of bid submission. 1.63 PUBLIC ENTITY CRIMES (PEC): A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crimes may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, sub- contractor, or consultant under a contract with a public entity, and may not transact business with any public entity in excess of the threshold amount provided in Sec. 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. 1.64 DETERMINATION OF RESPONSIVENESS: Detemfination of responsiveness taken place at the time of bid opening and evaluation. In order to be deemed a responsive bidder, your bid must conform in all material respects to the requirements stated in their Bid. 1.65 DELIVERY TIME: Vendors shall specify on the attached Bid Form, the guaranteed delivery time (in calendar days) for each item. It must be a firm delivery time, no ranges will be accepted, i.e.; 12-14 days. BID NO: 14-02/03 CITY OF MIAMI BEACH DATE: 4/8/03 15 1.66 INSURANCE AND INDEMNIFICATION: (See Check List for applicability to this contract) The contractor shall be responsible for his work and every part thereof, and for all materials, tools, appliances and property of every description, used in connection with this particular project. He shall specifically and distinctly assume, and does so assume, all risks of damage or injury to property or persons used or employed on or in connection with the work and of all damage or injury to any person or property wherever located, resulting from any action or operation under the contract or in connection with thc work. It is understood and agreed that at all times the contractor is acting as an independent contractor. The contractor, at all times during the full duration of work under this contract, including extra work in connection with this project shall meet the following requirements: Maintain Worker's Compensation and Employer's Liability Insurance to meet the statutory requirements of the State of 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 covering all owned, non-owned or hired automobiles and equipment used in connection with the work. Maintain any additional coverages required by the Risk Manager as indicated on the Insurance Check List. Name the City of Miami Beach as an additional insured on all liability policies required by this 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. Original signed Certificates of Insurance, evidencing such coverages and endorsements as required herein, shall be filed with and approved by the City of Miami Beach Risk Manager before work is started. The certificate must state Bid Number and Title. BID NO: 14-02/03 CITY OF MIAMI BEACH DATE: 4/8/03 16 Upon expiration of the required insurance, the contractor must submit updated certificates of insurance for as long a period as any work is still in progress. It is understood and agreed that all policies of insurance provided by the contractor are primary coverage to any insurance or self-insurance the City of Miami Beach possesses that may apply to a loss resulting from the work performed in this contract. All policies issued to cover the insurance requirements herein shall provide full coverage from the first dollar of exposure. No deductibles will be allowed in any policies issued on this contract unless specific safeguards have been established to assure an adequate fund for payment of deductibles by the insured and approved by the City's Risk Manager. The liability insuranc~ coverage shall extend to and include the following contractual indemnity and hold harmless agreement: "The contractor hereby agrees to indemnify and hold harmless the City of Miami Beach, a municipal corporation, its officers, agents, and employees from all claims for bodily injuries to the public in and up to the amount of $1,000,000.00 for each occurrence and and for all damages to the property of others in and up to the amount of $1,000,000.00 for each occurrence per the insurance requirement under the specifications including costs of investigation, all expenses of litigation, including reasonable attorney fees and the cost of appeals arising out of any such claims or suits because of any and all acts of omission or commission of any by the contractor, his agents, servants, or employees, or through the mere existence of the project under contract". The foregoing 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 cartier. 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 Hamdess 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. BID NO: 14-02/03 CITY OF MIAMI BEACH DATE: 4/8/03 17 Insurance coverage required in these specifications shall be in fome throughout the contract temp. Should any awardee fail to provide acceptable evidence of current insurance within seven days of receipt of written notice at any time during the contract term, the City shall have the right to consider the contract breached and justifying the termination thereof. If bidder does not meet the insurance requirements of the specifications; alternate insurance coverage, satisfactory to the Risk Manager, may be considered. It is understood and agreed that the inclusion of more than one insured under these policies shall not restrict the coverage provided by these policies for one insured hereunder with respect to a liability claim or suit by another insured hereunder or an employee of such other insured and that with respect to claims against any insured hereunder, other insureds hereunder shall be considered members of the public; but the provisions of this Cross Liability clause shall apply only with respect to liability arising out of the ownership, maintenance, use, occupancy or repair of such portions of the premises insured hereunder as are not reserved for the exclusive use of occupancy of the insured against whom claim is made or suit is filed. BID NO: 14-02/03 CITY OF MIAMI BEACH DATE: 4/8/03 18 INSURANCE CHECK LIST XXX 1. Workers' Compensation and Employer's Liability per the Statutory limits of the state of Florida. XXX 2. Comprehensive General Liability (occurrence form), limits of liability $1,000,000.00 per occurrence for bodily injury property damage to include Premises/Operations; Products, Completed Operations and Contractual Liability. Contractual Liability and Contractual Indemnity (Hold harmless endorsement e. xactly as written in "insurance requirements" of specifications). XXX 3. Automobile Liability - $1,000,000 each occurrence - owned/non-owned/hired automobiles included. -- 4. Excess Liability - $ .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 Liquor Liability __ Fire Legal Liability Protection and Indemnity __ Employee Dishonesty Bond Other $ .00 $ .o0 $ .o0 $ .00 $ .00 $ .00 XXX 7. Thirty (30) days written cancellation notice required. XXX 8. Best's guide rating B+:VI or better, latest edition. XXX 9. The certificate must state the bid number and title BIDDER AND INSURANCE AGENT STATEMENT: We understand the Insurance Requirements of these specifications and that evidence of this insurance may be required within five (5) days after bid opening. Bidder Signature of Bidder BID NO: 14-02/03 CITY OF MIAMI BEACH DATE: 4/8/03 19 INSURANCE CHECKLIST XXX 1.Worker's compensation' and Employer's Liability per the Statutory limits of the state of Florida. XXX 2. Comprehensive General Liability (occurrence form) limits of liability .$1,000,000.00 per occurrence for bodily injury property damage to include Premises/Operations; Products, Completed Operations and Contractual Liability. Contractual Liability and Contractual Indemnity (Hold harmless endorsement exactly as written in "insurance requirements" of specifications). XXX. 3. Automobile Liability- $1,000,000.00 each occurrence -owned/non- owned/hired automobiles included. _ 4. Excess Liability- $__ coverages. .00 per occurrence to follow the primary XXX 5. The City must be named as an 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 [] Fire Legal Liability $ .00 [] Protection and Indemnity $ .00 [] Employee Dishonesty Board $.. .00 [] Other $ .00 XXX XXX XXX 7. Thirty (30) days written cancellation notice required. 8. Best's guide rating B+:VI or better latest edition. 9. The certificate must state the bid number and title. BIDDER AND INSURANCE STATEMENT We understand the Insurance Requirements of these specifications and that evidence of this insurance may be required within five (5) days after bid opening. Tower Pest Control, PO. Box 440135 Miami, Fl 33144 Bidder Sf~hature of Bidder Tower Pest Control PO Box 440135 Miami, F1 CMl3 BID NO. 14-02/03 DRUG FREE WORKPLACE CERTIFICATION Certification for Contracts, Grants, Loans and Cooperative Agreements The undersigned certifies that it will provide a drug-free workplace program by: (1) Publishing a statement notifying its employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the offeror's workplace, and specifying the actions that will be taken against employees for violations of such prohibition; (2) Establishing a continuing drug-free awareness program to inform its employees about: (i) The dangers of drug abuse in the workplace; (ii) The Bidder's policy of maintaining a drug-free workPlaCe; (iii) Any available drug counseling, rehabilitation, and employee assistance programs; and (iv) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; (3) Giving all employees engaged in performance of the Contract a copy of the statement required by subparagraph (1); (4) Notifying all employees, in writing, of the statement required by sub- paragraph (1), that as a condition of employment on a covered Contract, the employee shall: (i) Abide by the terms of the statement; and (ii) Notify the employer in writing of the employee's conviction under a criminal drug statute for a violation occurring in the workplace no later than five (5) calendar days after such conviction; (5) Notifying City of Miami government in writing within ten (10) calendar days after receiving notice under subdivision (4) (ii) above, from an employee or otherwise receiving actual notice of such conviction. The notice shall include the position title of the employee; (6) Within thirty (30) calendar days after receiving notice under subparagraph (4) of a conviction, taking one of the following actions with respect to an employee who is convicted of a drug abuse violation occurring in the workplace: (i) Taking appropriate personnel action against such employee, up to and including termination; or (ii) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a federal state, or local health, law enforcement, or other appropriate agency; and (7) Making a good faith effort to maintain a drug-free workplace program through implementation of subparagraph (1)l~°ugh (6)'I' ~,.' ( . ~'"~i'~'~ Tower Pest Control (Bidder Signature) (Print Vendor Name) Tower Pest Control PO Box 440135 Miami, F1 CMB BID NO. 14-02/03 STATE OF FLORIDA COUNTY OF DADE The foregoing instrument was acknowledged before me this 29th day of April 2003, by as Francisco J. Torre, President of Tower Pest Control personally known to me to be the person described here. L-;, ~ ~',.--~c~~.l~fication, and wno cl~a/a~cl not take an oath. Tower Pest Control PO Box 440135 Miami, F1 CMB BID NO. 14-02/03 SWORN STATEMENT PURSUANT TO SECTION 287.133 (3) (a), FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS 1. This sworn statement is submitted to County Miami-Dade Francisco [, Torre, President (print individual's name and title) for Tower Pest Control (print Name of entity submitting sworn statement) whose business address is PO BOX 440135 Miami, Florida 33144 o o and if applicable its Federal Employer Identification Number (FEIN) is 65-067004~. If the entity has no FEIN, include the Social Security Number of the individual signing this sworn statement: I understand that a "public entity crime" as defined in paragraph 287.133 (1)(g), Florida Statutes, means a violation of any state or federal law by a person with respec~ to and directly related to the transactions of business with any public entity or with an agency or political subdivision of any other state or with the United States, including, but not limited to, any bid or contract for goods or services to be provided to public entity or agency or political subdivision of any other state or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misinterpretation. I understand that "convicted" or "conviction" as defined in Paragraph 287.133 (1)(b), Florida Statutes, means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after July 1, 1989, as a result of a jury verdict, non jury trial, or entry of a plea of guilty or nolo contendere. I understand that an "affiliate" as defined in paragraph 28Z133(1)(a), Florida Statute,4, means: 1. A predecessor or successor of a person convicted of a public entity crime; or 2. An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in another person, or a pooling of equipment or income among persons when not for fair market value under an arm's length agreement, shall be a prima facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. Tower Pest Control PO Box 440135 Miami, F1 CMB BID NO. 14-02/03 5. I understand that a "person" as defined in Paragraph 287.133(1)(e), Florida Statutes, means any natural person or entity organized under the laws of any state or of the United States within the legal power to enter into a binding contact and which bids or applies to bid on contracts for the provision of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term "person" includes those officers, executives, partners, shareholders, employees, members, and agents who are active in management of an entity. 6. Based on information and belief, the statement which I have marked below is true in relation to the entity submitting this sworn statement. (Please indicate which statement applies.) X Neither the entity submitting this sworn statement, nor any of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, nor any affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1,1989. __ The entity submitting this sworn statement, nor any of its officers, directors, executive, partners shareholders, employees, members or agents who are active in the management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1,1989. The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, nor any affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. However, there has been a subsequent proceeding before a Hearing Officer of the State of Florida, Division of Administrative Hearings and the Final Order entered by the Hearing Officer determined that it was not in the public interest to place the entity submitting this sworn statement on the convicted vendor list. (attach a copy of the final order). (Signature) Sworn to and subscribed before me this 29TM I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH 1 (ONE) ABOVE IS FOR THAT PUBLIC ENTITY ONLY AND, THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED. I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THAT PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017 FLORIDA STATUTES FOR CATEGORY TWO OF ANY CHANGE IN THE INFORMATION CONTAINED IN THIS FORM. day of April, 2003. Personally known Francisco I. Torre, President. OR Produced Identification , ~ Notarv,,'P'ublic - State of FLORIDA ' ~x ~o oF~¢~L~ov~t~eo--rt~n]s-sio-nexp e~s //f -- I~ ~v~-~'~, / ' l~,~ ,.,q: I~Y Co~ata~SSlON E,v, PIRE$ I, ~: F~'~ SEPT 24,200S (Printed typed or stamped commissioned name of notary public) Tower Pest Control PO Box 440135 Miami, F1 CMB BID NO. 14-02/03 TO PROVIDE PEST CONTROL AND FERTILIZATION SERVICES BID # 14-02/03 2.0 SPECIAL CONDITIONS 2.1 PURPOSE: The purpose of this bid is to establish a contract, by means of sealed bids, for Pest Control and Fertilization Services as specified herein, from a source(s) of supply that will give prompt and efficient service. 2.2 TERM OF CONTRACT: This contract shall commence the day after date of award by the City Commission of Miami Beach Florida and shall remain in effect until September 30, 2004. Providing the successful bidder will agree to maintain the same price, terms and conditions of the current contract, this contract could be extended for an additional two (2) years, on a y,ear to year basis, at the sole discretion of the City of Miami Beach Administration. In the event that the contract is held over beyond the term herein provided it shall only be from a month to month basis only and shall not constitute an implied renewal of the contract. Said month to month extension shall be upon the same terms of the contract and at the compensation and payment provided herein. 2.3 METHOD OF AWARD: Award of this contract will be made to the lowest responsive, responsible bidder (Primary Contractor) whose bid will be most advantageous to the City of Miami Beach providing the bid does not exceed the amount of funds estimated by the City as available to finance the Contract. The City may exercise the option to award this contract to a Secondary Contractor, should the Primary Contractor not be able to perform in accordance with the Terms and Conditions of this contract. 2.4 CERTIFICATION, INVOICES AND PAYMENT: 2.4.1 Certification Contractors shall complete a "Certification Report Form", designated Exhibit "B", and submit one signed copy with the monthly invoice to the Project Manager. 2.4.2 Invoices: Contractors shall submit two (2) copies of all invoices to the Recreation, Culture & Parks Department, Parks/Landscape Maintenance Division, 2100 Meridian Avenue, Miami Beach, Florida, 33139. 2.4.3 Payment The City agrees to pay to Contractor for the maintenance services described herein the following compensation during the term of the Contract: BID NO: 14-02/03 CITY OF MIAMI BEACH DATE: 4/8/03 20 2.4.3.1 Payment - "Complete Service" (a) Contractor supplies all expertise, supervision, labor, equipment, material, transportation, facilities, and support services necessary to complete the entire job as specified in the landscape maintenance schedule and as indicated in the specifications. (b) (c) The bid price is stated as "per service" amount. Each complete service cycle must be invoiced separately on a monthly basis for services rendered during said month and City will pay to Contractor each month the "per service" payment amount. The compensation to be paid by City shall be rendered in monthly payments for work performed per bid item. Payment shall be made within thirty (30) days upon receiving invoices, in duplicate, providing that all work performed during the preceding month has been inspected and accepted by the Project Manager and that all applicable certifications and reports have been submitted in accordance with the provisions of the Contract. The Contractor shall look for payment exclusively from the funds of the City for which these services have been provided. (d) If the Project Manager determines that the labor for work resulting from vandalism, acts of God, or third party negligence can be performed by Contractor's present work force, the Project Manager may modify the Landscape Maintenance Schedule and substitute the emergency work for regularly scheduled work. 2.4.3.2 Payments Withheld: If, in the sole judgment of the Project Manager, the level of maintenance is less than that specified herein, at his option, in addition to or in lieu of other remedies provided herein, may withhold payment from the Contractor for work not performed, until services are rendered in accordance with specifications and providing no other arrangements have been made between the Contractor and the Project Manager. Notice of withholding must be in writing to the attention of the Purchasing Director. 2.4.3.3 Additional or Decreased Compensation: A. Additional or decreased compensation maybe authorized at the discretion of the Purchasing Director, subject to City budgetary conditions, for Deletion of Sites, Addition of Sites, or Additional Work perfmmed by the Contractor. BID NO: 14-02/03 CITY OF MIAMI BEACH DATE: 4~8~03 21 2.$ 2.6 2.7 B. Price Adiustment For The Deletion of Site(s): The City reserves the right to temporary or pemtanently delete existing sites, and/or services at existing sites. Sites and/or services which are removed shall -be evaluated by both the City and the contractor for the mutual determination of a fair unit cost, to be based upon similar site receiving similar service and/or similar services rendered at a similar site. Should it be necessary for the Project Manager to eliminate any sites, it is understood that the corresponding per service rate charged by the Contractor for maintenance services will also be deleted from subsequent invoices sent to the Department. C. Price Adiustments For The Addition of Sites: The City reserves the right to add new sites to the respective contract(s), and to add services to the existing sites. New sites and/or service to be added shall be evaluated by both the City and the contractor for the mutual termination ora fair unit cost, to be based upon similar site receiving similar service and/or similar services rendered at a similar site. Sites and/or services deleted and later re-added shall be re-added at the original contract unit cost, plus any index adjustment. 2.4.3.2.1.1 Development of and/or Improvement to Existing Sites The City reserves the right to develop and/or improve existing sites specified herein. Additional services required shall be evaluated by both the City and the contractor for the mutual determination of a fair unit cost, to be based upon similar service rendered at a similar site. ADDITIONS/DELETIONS OF FACILITIES: N/A PRICES SHALL BE FIXED AND FIRM FOR TERM OF CONTRACT: If the bidder is awarded a contract under this bid solicitation, the prices quoted by the bidder on the Bid Form shall remain fixed and firm during the tem~ of this contract; provided, however, that thc bidder may offer incentive discounts from this fixed price to the City at any time during the contractual term. PRE-BID CONFERENCE/SITE INSPECTION: A Pre-Bid Conference will be held at 10:00 A.M. on April 16, 2003 at City of Miami Beach, City Hall, City Managers Small Conference Room, located at 1700 Convention Center Drive, Miami Beach, Florida. Each bidder shall thoroughly familiarize themselves with all sites, services to be performed therein and conditions thereof and shall determine to his/her own satisfaction the character and BID NO: 14-02/03 CITY OF MIAMI BEACH DATE: 4/8/03 22 2.8 2.9 2.10 2.11 2.12 2.13 2.14 2.15 extent of labor, equipment and materials needed to satisfy the requirements of the specifications herein; No allowance shall be made by the City of Miami Beach for lack of knowledge by the bidders. (NOT USED) 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 notifications or to obtain a copy of this Bid, go to www.demandstar, com or call toll-free 1- 800-711-1712, and request Documental43. 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://miamibeachfl.gov). From the City's home page, click on Procurement and follow the instructions. CONTACT PERSON: For any additional information regarding the specifications and requirement of this bid, contact Marta Fernandez at martafemandezrubio(c~mimnibeachfl.gov or (305) 673-7490, Facsimiles will be accepted at (305) 673-7851. SAMPLES: N/A BID/PERFORMANCE/PAYMENT BONDS: N/A LIQUIDATED DAMAGES: As specified in Section 6.4.0 PERCENTAGE ABOVE VENDOR COST: N/A ESTIMATED QUANTITIES: Quantities stated are for bidders' guidance only and no guarantee is given or implied as to quantities that will be used during the contract period. Estimated quantities are based upon previous needs and estimated usage for a one (1) year period. Said estimated quantities may be used by the City for the purpose of evaluating the low bidder meeting specifications. 2.16 HOURLY RATE: Hourly labor rates are specified as follows: Hourly Labor Rate I - hourly rate for straight time, i.e. fi.om 7:00 a.m. to 4:00 p.m. Monday - Friday (rate is to include labor and travel). Hourly Labor Rate II - hourly rate for overtime, i.e. before 7:00 a.m. or after 4:00 p.m., or on weekends or holidays. (rate to include labor and travel) BID NO: 14-02/03 CITY OF MIAMI BEACH DATE: 4/8/03 23 2.17 2.18 2.19 2.20 2.21 2.22 2.23 GUARANTEE: The successful bidder will be required to guarantee all work perfomied. The Guarantee shall be described in detail on the attached Bid Form. PRODUCT/CATALOG INFORMATION: N/A REFERENCES Each bid must be accompanied by a minimum of eight (8) references (on the Customer Reference Form) which shall include the name of the company, a contact person and the telephone number. Contractor shall provide a minimum of two (2) separate references for Pest Control Services, and a minimum of two (2) separate references for Fertilization Services. A minimum of two (2) projects for each of the two different Services (Pest Control and Fertilization) shall be for a minimum total cost of five-thousand dollars ($5,000) each. COMPLETE PROJECT REQUIRED: These specifications describe the various items or classes of work required, enumerating or defining the extent of same necessary, but failure to list any items or classes under scope of the several sections shall not relieve the contractor from furnishing, installing or perforating such work where required by any part of these specifications, or necessary to the satisfactory completion of the project(s). Workmanship will be inspected and approved by the Parks & Recreation Director, or designated representative. FACILITY LOCATION: N/A BIDDER QUALIFICATIONS: In order for bids to be considered, bidders must submit with their bid, evidence that they are qualified to satisfactorily perform the specified work. Evidence shall include all infommtion 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 provided PEST CONTROL AND FERTILIZATION SERVICES. The evidence will consist of listing of work that has been provided to public and private sector clients, ie. nature of WORK within the last four (4) years. LATE BIDS: At time, date, and place above, bids will be publicly opened. Any bids or proposals received after time and date specified will be returned to the bidder unopened. The responsibility for submitting a bid/proposal before the stated time and date is solely and strictly the responsibility of the bidder/proposer. The City is not responsible for delays caused by mail, courier service, including U.S. Mail, or any other occurrence. 2.24 EXCEPTIONS TO SPECIFICATIONS: BID NO: 14-02/03 CITY OF MIAMI BEACH DATE: 4/8/03 24 Exceptions to the specifications shall be listed on the Bid Form and shall reference the section. Any exceptions to the General or Special Conditions shall be cause for the bid to be considered non-responsive. 2.25 COMPLETE INFORMATION REQUIRED ON BID FORM: All bids must be submitted on the attached Bid Form and all blanks filled in. To be considered a valid bid, the ORIGINAL AND ONE COPY of the Bid Form pages and all required submittal infmmation must be returned, properly completed, in a sealed envelope as outlined in the first paragraph of General Conditions. 2.26 MAINTENANCE AGREEMENT: N/A 2.27 EQUAL PRODUCT: N/A 2.28 TERMINATION FOR DEFAULT If through any cause within the reasonable control of the successful Bidder, it shall fail to fulfill in a timely manner, or otherwise violate any of the covenants, agreements, or stipulations material to the Agreement, the City shall thereupon have the fight to terminate the services then remaining to be performed by giving written notice to the successful Bidder of such termination which shall become effective upon receipt by the successful Bidder of the written termination notice. In that event, the City shall compensate the successful Bidder in accordance with the Agreement for all services performed by the Bidder prior to termination, net of any costs incurred by the City as a consequence of the default. Notwithstanding the above, the successful Bidder shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of the Agreement by the Bidder, and the City may reasonably withhold payments to the successful Bidder for the purposes of set off until such time as the exact amount of damages due the ,City from the successful Bidder is determined. 2.29 LIVING WAGE REQUIREMENT: N/A 2.30 FINANCIAL STABILITY AND STRENGTH: The bidder must be able to demonstrate a good record of performance and have sufficient financial resources to ensure that they can satisfactorily provide the goods and/or services required herein. Bidders/Proposers shall submit financial statements for each of their last two complete fiscal years within ten (10) calendar days, upon written request.. Such statements should include, as a minimum, balance sheets (statements of financial position) and statements of profit and loss (statement of net income). When the bid submittal is from a Joint Venture, each Bidder/Proposer involved in the Joint Venture must submit financial statements as indicated above. Any Bidder/Proposer who, at the time of bid submission, is involved in an ongoing bankruptcy BID NO: 14-02/03 CITY OF MIAMI BEACH DATE: 4/8/03 25 as a debtor, or in a reorganization, liquidation, or dissolution proceeding, or if a trustee or receiver has been appointed over all or a substantial portion of the property of the Bidder/Proposer under federal bankruptcy law or any state insolvency, may be declared non- responsive. END OF SECTION BID NO: 14-02/03 CITY OF MIAMI BEACH DATE: 4/8/03 26 TO PROVIDE PEST CONTROL AND FERTILIZATION SERVICE BID # 14-02/03 3.0 GENERAL REQUIREMENTS 3.1 SCOPE OF WORK 3.1.1 The work specified in this section consists of furnishing all labor, machinery, tools, means of transportation, supplies, equipment, services and incidentals necessary to provide general landscape area pest control and fertilization services as specified herein. 3.1.2 The work shall include but not be limited to, the supply of staff, expertise and equipment to apply herbicide/insecticide as needed and various forms of fertilizer as scheduled. The City will supply all materials required to provide the contracted services as detailed in the following sections 3.1.3 The work shall include Traffic Control as described herein. 3.1.4 The locations of the work referenced in the above document are located throughout the City of Miami Beach, as specified/directed by the City of Miami Beach Parks Superintendent, or designated representative. 3.2 QUALIFICATIONS (BIDDER SHALL SUBMIT SATISFACTORY EVIDENCE WITH THEIR BID THAT THEY MEET THE FOLLOWING MINIMUM REQUIREMENTS) Parties deemed to be qualified to service this contract shall be judged on their past performance and present ability to provide all labor, materials, and equipment to successfully fulfill the provisions of this contract. 3.2.1 3.2.2 3.2.3 3.2.4 3.2.5 3.2.6 3.2.7 3.2.8 3.2.9 3.2.10 3.2.11 Company Qualification Company shall have been in continuous service and incorporated in the State of Florida for a minimum of four (4) years. ( Not Used) Company must be fully licensed with all required State and/or Local government licenses, and permits ( pest control, services, etc.). Provide a Certified Pesticide Operator through the State of Florida, Department of Agriculture and Consumer Services, Bureau of Entomology and Pest Control Services and employed on a full time basis, who will act as the Project Supervisor. ( Not Used) Company must be a drag and alcohol free workplace. Personnel Requirements, Management. N/A Provide a minimum of one (1) full time Project Supervisor as specified in Para.3.3.1, to manage all facets of the landscape and turf pest management for the contractor. Managers must have excellent communication skills and be capable of directing all contracted and additional services and coordinating these with the designated City of Miami Beach staff. Managers shall constantly use their experience and training to prevent, detect and control adverse conditions by physically inspecting the landscape and properly guiding BID NO: 14-02/03 CITY OF MIAMI BEACH DATE: 4/8/03 27 3.2.12 A. B. C. the preventative pest management program. Technical Services To provide an adequate number of personnel specifically trained, experienced and licensed in the proper application of fertilizer and pest management practices. Provide a Certified Pesticide Operator through the State of Florida, Department of Agriculture and Consumer Services, Bureau of Entomology and Pest Control Services. ( Not Used) 3.3 CONTRACTOR'S RESPONSIBILITIES 3.3.1 Project Supervisor The Contractor shall maintain a Project Supervisor at the facilities at all times during the hours of operation, and such supervisor shall be able to be communicated with by pager, two way radio or cellular telephone. The Supervisor must have excellent communication skills and be capable of directing all regular pest control operations and additional services and coordinate this work with the designated City staff. The Supervisor shall constantly use their experience and training to prevent, detect and control adverse conditions by physically inspecting the landscape and properly guiding the maintenance program. 3.3.2 Qualifications The Contractor must submit the qualifications of the Project Supervisor at the time of the Bid submittal to include resume, description of experience with references and contact numbers. 3.4 CONTRACTOR'S PERSONNEL Contractor shall employ personnel competent to perform the work specified heroin. Contractor's employees shall be United States citizens or in possession of appropriate documentation permitting the employees to work in Dade County. The City reserves the right to request the removal of the Contractors employees from perfmming maintenance on the City's grounds where the employee's performance or actions are obviously detrimental to the program. Standards for Contractor's employees include the following: 3.5 DISASTER RESPONSE The Contractor shall maintain, on a twenty-four (24) hour on-call basis, by pager, two way radio, or cellular telephone, a staff sufficient to address emergency contingencies (i.e., hurricanes, tornados, floods, etc.) which may arise from time to time. The Contractor will respond with immediate action to emergencies that adversely affect the City of Miami Beach, so that the situation is corrected at the earliest possible moment. The Contractor shall be compensated for use of personnel and equipment based upon the indicated classifications in the bid tabulation. 3.6 UNIFORMS The Contractor will provide, at Contractor's expense, color coordinated uniforms for all personnel. Such uniforms shall meet Owners' public image requirements and be maintained by Contractor so that all personnel are neat, clean and professional in appearance at all times. Non- BID NO: 14-02/03 CITY OF MIAMI BEACH DATE: 4/8/03 28 3.7 3.8 uniform clothing will not be permitted, including for new employees. CONDUCT Conduct standards for Contractor's employees should meet or exceed those required for City employees. The following are some guidelines: * Drugs and alcohol, or their use, is not pemfitted on City property nor are personnel allowed on property while under the influence of such substances. * Firearms or other weapons are strictly forbidden. * Fighting or loud, disruptive behavior is not permitted. Ail personnel will be subject to applicable City safety and security rules and procedures pertaining to conduct, vehicle use, property access, etc. SAFETY 3.8.1 Contractor agrees to perform all work outlined in the Contract in such a manner as to meet all accepted standards for safe practices during the maintenance operation, to safely maintain equipment, machines, and materials, and to remedy hazards consequential or related to the work. The Contractor further agrees to accept the sole responsibility for compliance with all local, County, State or other legal requirements including but not limited to: (1) full compliance with the tcmts of applicable O.S.H.A. Safety Orders, (2) requirements of the Florida Department of Transportation Manual of Traffic Controls and Safe Practices For Street and Highway Construction, Maintenance and Utility Operations, at all times so as to protect all persons including Contractor's employees, agents of the City, vendors, and members of the public or other firms from injury or damage to their property. 3.8.2 The City, through its Project Manager, reserves the right to issue immediate restraint or cease and desist order to Contractors when unsafe or harmful acts are observed or reported relative to the perfom~ance of the work under the Contract. 3.8.3 During no, mai working hours, Contractor shall obtain emergency medical care for any member of the public who is in need thereof, because of illness or injury occurring on the site, including a prompt report thereof to the Project Manager. 3.8.4 In performing the scope of work, all safety on or off the job site shall be the sole responsibility of the Contractor. The City shall not be responsible for safety on or off the job site. The City's on-site observations or inspections shall be only for the purpose of verifying that the maintenance Specifications are being implemented properly. The City's on-site observations or inspections are not for safety on or off the job site for the Contractor's employees or the public. 3.8.5 Traffic Safety Control - The Contractor shall at his cost, observe all safety regulation; including placing and display of safety devices, provisions of police to control traffic, etc, as may be necessary in order to conduct the public through the project area in accordance with F.D.O.T.'s "Manual on Traffic Controls and Safe Practices for Street Highway Construction, Maintenance and Utility Operations." BID NO: 14-02/03 CITY OF MIAMI BEACH DATE: 4/8/03 29 3.9 3.10 3.11 3.12 3.13 CONTRACTOR'S VEHICLES Contractor's vehicles shall be in good repair, free from leaking fluids, properly registered, of uniform color and shall bear the company name on each side in not less than 3-1/2" letters unless otherwise prescribed by law or ordinance. CONTRACTOR'S EQUIPMENT All equipment shall be maintained in an efficient and safe operating condition while performing work under the contract. Equipment shall have proper safety devices maintained at all times while in use. If eqg~pment does not contain proper safety devices and/or is being operated in an unsafe manner, the City may direct the Contractor to remove such equipment and/or the operator until the deficiency is corrected to the satisfaction of the City. The Contractor shall be responsible and liable for injury to persons caused by the operation of the equipment. CONTRACTOR'S DAMAGES Any damages to the road, facilities, sewers, utilities, irrigation system, plant material or vegetation caused by the Contractor shall be repaired at the expense of the Contractor to the satisfaction of the City. Failure to restore said damages within three (3) working days following notification shall result in a deduction from the next invoice of the City's expenses incurred by the City for labor, material or equipment to restore the property to its original condition. INDEPENDENT CONTRACTOR Contractor shall act under the Contract as an independent Contractor vis-a-vis City of Miami Beach and will not be an agent or employee of the City. Contractor shall not represent or otherwise hold out itself or any of its subcontractors, directors, officers, partners, employees, or agents to be an agent or employee of the City. PERMITS, LICENSES, CERTIFICATES Contractors shall obtain, at their expense, valid permits, licenses and certificates (City, County, State, Federal) as required for work under the Contract. 3.13.1 Contractors shall give all notices and pay fees and taxes required by law in performance of the Contract. 3.13.2 Compliance wiih Mi ami Beach Parks, Recreation & Culture Department and the State of Florida Department of Transportation Rules and Regulations: Contractors shall comply and abide by all rules and regulations of the above-referenced departments as they may be applicable to performance of the Contract. 3.13.3 Advertising and Signs: Contractors shall not advertise or place signs on the site, facilities or equipment of the City of Miami Beach. 3.14 SUB CONTRACTORS Nothing contained in the specifications shall be construed as creating any contractual relationship between any subcontractor and the City. BID NO: 14-02/03 CITY OF MIAMI BEACH DATE: 4/8/03 30 Contractors shall be as fully responsible to the City for the acts and omission of the subcontractors as for the acts and omissions of person(s) directly employed. 3.15 PROTECTION OF PROPERTY AND REPAIR OF DAMAGE 3.16 3.17 3.18 3.19 3.20 3.15.1 All portions of landscape structures, facilities, services, utilities, roads, and irrigation systems shall be protected against damage or interrupted service at all times by Contractor during the tern, of the Contract. Any damage to the property as a result of the performance of work by Contractor during the terms of the Contract shall be repaired or replaced in kind and in manner approved by the Project Manager. All work of this kind shall be made immediately after damage or alteration occurs, unless otherwise directed. 3.15.2 (Not Used) 3.15.3 (Not Used) 3.15.4 Contractor shall notify the City Project Manager within twenty-four (24) hours after discovery of any damage caused by accident, vandalism, thefts, acts of God, or undetermined causes. RECORDS All documents, books and accounting records shall be open for inspection at any reasonable time during the term of the Contract and for three (3) years audit of the books and business conducted by Contractor and observe the operation of the business so that accuracy of the above records can be confirmed. All employment records shall be open for inspection and re- inspection by the City, at any reasonable time during the term of the Contract. TRANSPORTATION Contractors are to supply all transportation of employees, supplies and equipment. STORAGE Contractors are to provide for all storage at off-site locations delivering to site only sufficient equipment and materials to_complete daily tasks. Permission maybe given by Project Manager for storage of materials or equipment on-site during special projects or conditions. WASTE DISPOSAL Contractors are responsible for removing and disposing from sites all waste handled in performance of the Contract. The City is not required to supply area or facilities for storage or removal of waste on-site. NON-INTERFERENCE Contractor shall not interfere with the public use of sites and shall conduct his operation so as to offer the least possible obstruction and inconvenience to the public or disruption to the peace and quiet of the area within which the services are performed. END OF SECTION BID NO: 14-02/03 CITY OF MIAMI BEACH DATE: 4/8/03 31 BID NO: 14-02/03 CITY OF MIAMI BEACH DATE: 4/8]03 32 4.0 4.1 4.2 4.3 TO PROVIDE PEST CONTROL AND FERTILIZATION SERVICE BID # 14-02/03 TECHNICAL SPECIFICATIONS PURPOSE These specifications designate the manner in which basic maintenance tasks will be performed in order to achieve the overall Quality Objective, which is to maintain the landscaping on the listed sites in a healthy, growing, safe, clean, and attractive condition throughout the year. STANDARDS AND REFERENCES The Contractor's Representative shall be well versed in Florida maintenance operations and procedures. All employees shall be competent and skilled in their particular job in order to insure that they properly perform the work assigned. The following organizations provide standards and publications, which may be used as a guide for conducting grounds maintenance and services, under the Contract: Ao B. C. D. E. Florida Cooperative Extension Services, 18710 SW 288th Street, Homestead, Florida, 33030. Florida Turf-Grass Association, Inc., 302 Graham Avenue, Orlando, Florida, 32803- 6399. National Recreation and Park Association, 1601 N. Kent Street, Arlington, Virginia, 22209. Florida Recreation and Park Association, 1406 Hays Street, Suite 1, Tallahassee, Florida, 32301. Florida Department of Transportation, "Manual on Traffic Controls and Safe Practices for Street & Highway Construction, Maintenance and Utility Operations." MATERIALS All materials supplied and used by Contractors shall be the best kind available and used in accordance with manufacturer's directions. Commercial products such as fertilizers and pesticides shall bear the manufacturer's label and guaranteed analysis. City inspectors may require tests and reject materials not meeting these specifications or manufacturer's guarantee. 4.3.1 (Not Used) 4.3.2 Size, Quality and Grade of Replacement ( Not Used) 4.3.4 Water ( Not Used) 4.3.5 Soil (Not Used) 4.3.6 Fertilizer All fertilizer shall be commercial grade, and except for free flowing liquids, shall be delivered to the site and be dry when processed for application. Fertilizers shall be in appropriate containers and tagged. BID NO: 14-02/03 CITY OF MIAMI BEACH DATE: 4~8/03 33 Special permission from the Project Manager is required to use bulk fertilizers. The Contractor shall submit copies of the manufacturer's specifications for all fertilizer including data substantiating that the proposed materials comply with specified requirements. 4.3.7 Pesticides - (insecticides, fungicides, herbicides, etc.): Insecticides & Fungicides shall be only those which are approved or recommended for use near open water bodies and those specified. Only the Federal Environmental Protection Agency (EPA) approved products shall be used. All pesticides are to be registered and approved for use by the Florida Degartment of Agriculture. Submit as needed a schedule of liquid and granular materials to be used in the control of pests and disease infestation, to include the reason for their use, and the method of application before it is delivered and used on the project. The need for pest and disease control, will be determined by the Contractors Project Supervisor and approved by the City Project Manager. Also, if requested by the City, the Contractor will furnish documentation that the implementation &these control measures for pests and disease infestation is in strict compliance with all Federal, State, and Local Regulations. 4.3.8 Miscellaneous Materials ( Not Used) 4.4 EQUIPMENT Equipment supplied by Contractor shall be designed for or suited to the grounds maintenance task in which it is to be used. Equipment will not be used in areas or to pcrfmm tasks where damage will result to the landscapes or sites. Contractor shall maintain supplied equipment in a good appearance and all equipment shall be maintained in a safe, operational and clean condition. Upon specific request by the City, thc Contractor will supply a current list of supplied equipment used by the Contractor, including item, model, manufacturer, year manufactured, and serial numbers. The Project Manager or his designee shall have the right to reject the use of any specific piece of supplied equipment on the site, by notification to Contractor. END OF SECTION B/D NO: 14-02/03 CITY OF MIAMI BEACH DATE: 4/8'03 34 TO PROVIDE PEST CONTROL AND FERTILIZATION SERVICE BID # 14-02/03 5.0 GROUNDS MAINTENANCE FUNCTIONS AND TASKS 5.1.0 Turf Care (Not Used) 5.2.0 Pruning Shrubs and Ground Cover Plants Bed Area Maintenance ( Not Used) 5.3.0 Trees and Palm Pruning (Not Used) 5.4.0 Staking and Guying - and Tree Set-Up (Not Used) 5.5.0 Exotic Specie/Attachment removal ( Not Used) 5.6.0 Weed Control 5.6.1 All landscape areas within the specified area, shrub and ground cover beds, planters, and areas covered with gravel, or pavers shall be kept free of all weeds at all times. This means, complete removal of all weed growth shall be continuous. For the purpose of this specification, a weed will be considered as any undesirable or misplaced plant. Weeds shall be controlled by chemical methods. The Project Manager may restrict the use of chemical weed control in certain areas. 5.6.2 Weeds are to be removed from walkways, curbs, expansion joints, and along fence lines and- guardrails on a continuous program basis or as otherwise directed by the Project Manager. 5.6.3 ( Not Used) Sterilize the soil, or 5.6.6 (Not Used) 5.7.0 Litter Control N/A 5.7.1 Contractor Generated Trash: (Not Used) 5.7.2 Litter Removal: ( Not Used) 5.7.0 Fertilization 5.7.1 The fertilizer used shall be a commercial grade product and recommended for use on each plant type. Specific requirements should be determined by plant type, soil type, and time of year. Applications shall proceed continuously once begun until all areas have been completed. In the event fertilizer is thrown on hard surfaces, it shall be removed immediately to prevent staining. The Contractor shall inform the Project Manager at least three (3) days in advance before beginning any fertilization program. BID NO: 14-02/03 CITY OF MIAMI BEACH DATE: 4/8/03 35 5.7.2 Turf A. St Augustine St. Augustine turf shall be fertilized four (4) times per year at a rate of 1 lb. of Nitrogen(N) per 1000 square feet of area. The N< P< K ratios may vary with the time of year of the application. The fertilizer material will be a complete, professional grade material containing minor elements with a minimum of 25% slow release nitrogen (N) ,and labeled for turf-grass use. The four required applications to turf-grass areas shall consist of three (3) fertilizer applications with a 5:1:2 N<P<K ratio, and one (1) fertilizer plus insecticide application with a 5:1:2 N<P<K ratio, for the pr~ention/control of turf-grass pests such as chinch bugs. Bo Bahia Bahia turf shall be fertilized three (3) times per year at a rate of 1 lb. of Nitrogen(N) per 1000 square feet of area. The N< P< K ratios may vary with the time of year of the application. The fertilizer material will be a complete, professional grade material containing minor elements with a minimum of 25% slow release nitrogen (N),and labeled for turf-grass use. 5.7.3 Groundcover, & Shrubs to The fertilizer for all planted shrubs and groundcovers shall meet appropriate horticultural standards with an N, P, K ratio of4:1:3, unless soil conditions or plant species dictate differently, with 25% - 50% slow release nitrogen. All shrubs and groundcovers shall be fertilized by broadcasting by hand over the beds three (3) times per year. Fertilizer should be applied Spring, Summer and Fall at labeled rates. The Contractor shall establish a program that will fertilize all shrubs and groundcover, describing the type of fertilizer required for each type of plant and the time of year this work will be undertaken. A copy for approval of the fertilization schedules shall be made available to the City no less than one (1) month prior to application. Any plants damaged by over-fertilization shall be replaced at the ContractorE expense. Changes in fertilization rates, methods and composition must be approved by the City in writing. 5.7.3 Fertilization Trees, & Palms The fertilizer for all the planted trees shall meet proper horticultural standards with an N, P, K ratio of 4:1:5, unless soil conditions or plant species dictate differently, with 25% - 50% slow release nitrogen. Trees /Palms shall be fertilized twice yearly: Spring and Fall at labeled rates. BID NO: 14-02/03 CITY OF MIAMI BEACH DATl~: 4/8/03 36 5.8.0 Bo The Contractor shall establish a program that will fertilize all trees and palms, describing the type of fertilizer required for each type of plant and the time of year this work will be undertaken. A copy for approval of the fertilization schedules shall be made available to the City no less than one (1) month prior to application. Any trees damaged by over- fertilization or by the use of wrong type of fertilizer shall be replaced at the Contractor's expense. Changes in fertilization rates, methods, and composition must be approved by the City Project Manager in writing. General Use of Chemicals The Contractor shall submit a list o fall chemical herbicides and pesticides proposed for usc under this Contract for approval by the City Project Manager, including Material Safety Data Sheets MSDS) for each item. Materials included on this list shall bc limited to chemicals approved by the State of Florida, Department of Agriculture and Consumer Services, and thc Florida Department of Transportation, and shall include the exact brand name and generic formulation. The use of any chemical on the list shall be based on the recommendations of and be performed under the direction of a Certified Pest Control Operator, with a Lawn & Ornamental license (Bureau of Entomology and Pest Control). No chemical herbicide or pesticide shall be applied until use is approved, in writing, by the Project Manager as appropriate for the purpose and area proposed. 5.8.1 Pest Control Vehicle shall be operated by Company's Certified Pest Control Operator or by trained/certified employee, and shall be properly identified with Company name. The Pest control vehicle should include the following items: Split tank (50-100 gal one tank/100-200 gal second tank), mounted on track, not on trailer. Pesticide spill kit Truck mounted 5-10 gal Igloo water cooler JD-9 spray gun with extension and Lesco turf-grass spray gun with varying GPM nozzles Hazard/warning light on top of cab and/or lighted arrow board All pesticides/fertilizers stored in truck must be in approved containers to avoid leaks, spills, and unwanted odors - 5.8.2 Certified Pest Control Operator (PCO) must have a valid PCO license from the Department of Agriculture and Consumer Services, Bureau of Entomology and Pest Control Services, in the Lawn & Ornamentals (L&0) category. The PCO will be responsible for the monitoring/inspection of assigned City landscape areas and for the pest control/fertilizer applications resulting from such monitoring/inspections. These designated areas will be kept pest free through preventative pesticide applications (where applicable) and through early detection of pest problems and their subsequent control. Nutritional deficiencies of turfgrass and ornamentals will be prevented by the timely application of liquid and granular fertilizer materials (soil and/or foliar applied). BID NO: 14-02/03 CITY OF MIAMI BEACH DATE: 4/8/03 37 Federal, State, County and Municipal regulations. Herbicides may be used only with prior approval by the City Project Manager as to type location, and method of application. 5.10.1 5.10.2 5.10.3 5.10.4 5.10.5 5.10.6 5.10.7 The Contractor shall exercise extreme care so as not to over-spray and affect areas not intended for treatment. Areas adversely affected by suer over spray shall be restored by the Contractor at the Contractor's expense. The Contractor shall advise the Project Manager within (24-48) hours after disease or insect infestation is found. He shall identify the disease or insect and recommend control measures to be taken, and, upon approval of the Project Manager, the Contractor shall supply and implement the approved control m-~easures, exercising extreme caution in application of all spray material, granules or other materials utilized. Approved control measures shall be continued until the disease, or insect is controlled to the satisfaction of the City Project Manager. When a chemical is being applied, the applicator have in their possession all labeling associated with the chemical including the current Material Safety Data Sheet (MSD) sheets for that particular chemical. Also, the chemical shall be applied as indicated on the said labeling. A SPecimen label for each product shall be supplied to the City. All insecticides shall be applied by an Operator licensed pursuant to Chapter 487 of the Florida Statutes. The operator shall have the license/certification in his or her possession when chemicals are being applied. The implementation of control measures for pests and disease infestations shall be in strict compliance with all federal and local regulations. Upon request, the Contractor shall furnish documentation of such compliance. The spraying of insecticides and other such chemicals are to be confined to the individual plant. Spraying techniques which may introduce the material being sprayed beyond the immediate area of the individual plant are strictly prohibited. Spray material on foliage only during calm days. Do not apply when leaves are wet, when rain is expected within 3-4 hours after spraying, or when temperatures exceed 90 degrees Fahrenheit unless labeled directions allow. Spray at times when traffic is lightest (i.e., early mornings or weekends). Use a spreader-sticker to aid in adherence and absorption of the material if necessary. Wash material off of pavements and buildings immediately after applying. The Contractor shall utilize all safeguards necessary during disease or insect control operations to ensure safety to the public and the employees of the Contractor. 5.11.0 Verticutting, Aeration and Topdressing (Not used) 5.12.0 Turf Renovations (Not Used) 5.13.0 Irrigation System Maintenance and Watering ( Not Used) 5.14.0 Watering (Not Used) BID NO: 14-02/03 CITY OF MIAMI BEACH DATE: 4/8/03 39 5.15.0 Irrigation System ( Not Used) 5.16.0 Mulching Beds ( Not Used). 5.17.0 Sand Removal / Policing: ( Not Used) 5.18.0 Skinned Areas (Not Used) 5.18.1 Daily on Non-Game Days: ( Not Used) 5.18.2 Daily on Game Days: (Not Used) 5.19.0 Frequency of Services Frequencies for the sites and services described herein are based upon normal circumstances. Individual, several and/or all services to a site or sites may be added at an agreed upon price, or deleted due to natural disaster, excessive rain, disease, drought, fire, vandalism, accident, insufficient funds and/or any other reason at the sole discretion of the PM. END OF SECTION BID NO: 14-02/03 CITY OF MIAMI BEACH DATE: 4/8/03 40 TO PROVIDE PEST CONTROL AND FERTILIZATION SERVICE BID # 14-02/03 6.0 PERFORMANCE CONTROL AND INSPECTIONS 6.1.0 6.2.0 Maintenance Quality The quality obi ective of all services and materials provided by Contractors in accordance with conditions and specifications herein, is to maintain and service various listed sites, and to keep them in a healthy, growing, clean and attractive condition throughout the year. Maintenance Standards, Frequencies, Work Method All work shall be performed in accordance with the highest professional maintenance standards and horticultural techniques. Frequencies set for certain repetitive maintenance functions and tasks in specifications may be increased, if necessary to achieve the Quality Objective. Standard and frequencies may be modified from time to time by the City of Miami Beach Assistant Director of Parks as necessary to assure proper maintenance to achieve the Quality Objective. All work shall be done in a thorough and workmanlike manner under competent Contractor supervision to the satisfaction of the City of Miami Beach Assistant Director of Parks/Project Manager. The Contractor shall have the exclusive duty, right, and privilege to perform Grounds Maintenance and Services, as specified herein. 6.3.0 Inspections The Contractor's Representative shall perform maintenance inspections daily during daylight hours of all sites assigned for the day. Inspections by City of Miami Beach Parks Personnel shall provide continuing inspection of the sites to insure adequacy of maintenance and that methods of performing the work are in compliance with these specifications. Discrepancies and deficiencies in the work shall be brought to the attention of the Contractor's Representatives in writing, directly by the City of Miami Beach Project Manager, and shall be corrected by the Contractor immediately. 6.3.1 The City of Miami Beach Project Manager and the Contractors Representatives shall meet on-the sites once a month, or more frequently at the discretion of the Project Manager, for a walk-through inspection. The meeting shall be at the convenience of the City of Miami Beach. All on-going maintenance functions shall be completed prior to this meeting. Even if no meeting occurs all maintenance as detailed is to be performed. BID NO: 14-02/03 CITY OF MIAMI BEACH DATE: 4/8/03 41 6.4.0 6.5.0 6.6.0 Deficiency Notices and Liquidated Damages If the City of Miami Beach Project Manager determines that there are deficiencies in the performance of the contract, the Project Manager will notify the City of Miami Beach Procurement Director in writing of the deficiencies and thc Procurement Director will subsequently issue a Notice to the Contractor to correct the deficiencies within seven (7) days of notification. If both parties agree that actual damages would require more than seven (7) days to repair, a time frame, in writing, will be determined by the City of Miami Beach Procurement Director for that deficiency. The parties agree that the Contractor shall be liable to the City of Miami Beach for liquidated damages (not a penalty) in the amount of two hundred dollars ($200.00) per day, for each day exceeding the above noted time frame per deficiency that the Contractor fails to correct deficiencies of the Notice. City of Miami Beach Right to Correct Deficiencies Additionally, and notwithstanding the above provision, the City has the right to move on site with City forces or private Contractors to correct deficiencies seven (7) days after notification in writing, by thc City of Miami Beach Parks and Recreation Department Director, or his designee. If, in the sole discretion or judgment of the Project Manager, and Procurement Director, the Contractor and/or his employee(s) are not properly perforating the services required under the Contract, then the Contractor and/or all employees may be temporarily replaced by City personnel and payment to be made by the City may be suspended while the matter is being investigated. Total costs incurred by completion of the work by the City will be deducted and forfeited from the payments to the Contractor from the City. This section shall not be construed as a penalty, but as an adjustment of payment to Contractor for only the work actually performed, and the recovering of City costs from the failure of the Contractor to complete or comply with the provision of the Contract. Quality Control - Performance Reports The Contractor shall submit to the City Project Manager a report of his performance for the preceding month, under terms of the Contract. These reports shall be postmarked no later than the fifth (5th) day of each month following the month in which services were performed. Failure to do so shall result in delay of payment until this requirement is fulfilled. Forms for performance reporting shall be provided by the City END OF SECTION BID NO: 14-02/03 CITY OF MIAMI BEACH DATE: 4/8/03 42 7.1.0 TO PROVIDE PEST CONTROL AND FERTILIZATION SERVICE BID # 14-02/03 SCHEDULING 7.1.1 Contractors shall accomplish pest control and fertilization required under the Contract during daylight hours. The City Project Manager may permit night scheduling on an individual function or task basis. 7.1.2 Contractor shall schedule and conduct the work at times and in a manner which shall not interfere with normal pedestrian traffic on adjacent sidewalks or vehicular traffic on adjacent streets, and shall not cause annoyance-to residents near the site or users of the site. During periods of peak rush hour traffic, the Contractor will not block or impede arterial or collector streets and will conform to roadway work procedures as required by State, County or Local regulations. 7.1.3 All work shall be scheduled and completed in a continuous manner, that is, other than a holiday or non-work day in order to maintain the site in a uniform manner. 7.1.4 Contractor shall not work or perform any operations during inclement weather which may destroy or damage landscaped areas. 7.1.5 Contractor shall recognize that during the course of the Contract, other activities and operations may be conducted by City work fomes and other Contractors within the project location. These activities may include but not be limited to landscape refurbishment, irrigation system modification or repair, construction and sto,m related operations. The Contractor may be required to modify or curtail certain operations without decreased compensation and shall promptly comply with any request by the Project Manager. In the event a Site or part of a Site becomes unavailable for servicing by the Contractor, the Project Manager may temporarily delete the Site or part of the Site and compensation to the Contractor will be decreased. 7.1.6 Contractor shall, during the hours and days of operation, respond to all emergencies within one (1) hour. 7.1.7 Contractor shall have completed all Pest Control and Fertilization functions prior to the scheduled maintenance inspection. 7.1.8 Landscape Maintenance Schedules N/A END OF SECTION BID NO: 14-02/03 CITY OF MIAMI BEACH DATE: 4/8/03 43 8.1.0 TO PROVIDE PEST CONTROL AND FERTILIZATION SERVICE BID # 14-02/03 ADDITIONAL WORK The Proj eot Manager may, at his discretion authorize the Contractor to perform additional work, including, Pest Control and/or Fertilization Services when the need for such work arises out of extraordinary incidents such as vandalism, acts of God, and third party negligence, or for any additional basic landscape maintenance needed. Any work not provided for elsewhere in the Contract and authorized by the Project Manager and performed by the Contractor shall be considered as additional work and shall be paid as specified on the Bid Proposal. Prior to performing any additional work, the contractor shall prepare and submit a written description of the work with a cost estimate which conforms to the unit pricing found in the Bid Proposal to the Project Manager. No work shall commence without the written authorization from the Project Manager. Not withstanding the above authorization, when a condition exists wherein there is imminent danger of injury to the public or damage to property, the Project Manager may verbally authorize the work to be performed upon receiving a verbal estimate from the Contractor. However, within 24 hours after receiving a verbal authorization, the Contractor shall submit a written estimate to the Project Manager for the required approval. END OF SECTION BID NO: 14-02/03 CITY OF MIAMI BEACH DATE: 4/8/03 44 9.1.0 TO PROVIDE PEST CONTROL AND FERTILIZATION SERVICE BID # 14-02/03 BID SUBMITTAL In addition to the documentation and information requested herein, the Bidders shall submit the following information with their bid: 9.1.1 Company Profile A profile describing the organization represented by the bidder must be furnished with the bid submittal. This will include: *Company history and present organization; *Name of Principal or Owner(s); *Name of Affiliates, Subsidiaries, etc.; *Years of company experience under present ownership; *The local office address and phone number from which account would be administered; *History of local office, including opening date; *Normal hours of operation of local office; *Name of person in charge of local office; *Number of maintenance personnel in the south Florida area normally available to emergency calls; *List of all services company is capable of providing. 9.1.2 Personnel 1.Provide an organizational chart of entire structure that is proposed to service account; 2.Provide resumes of key management personnel; 3.List job descriptions for all positions in the organization described in #1 above; 4.Include description of proposed uniforms; 5.Provide your overall employee policy and training program; 6.Provide outline of safety program. 9.1.3 9.1.4. 9.1.5 Turf Maintenance 1. List proposed fertilizer type and rate for each turf type and other specific nutrient additives; 2. List proposed application schedule (annual basis); 3. Describe proposed preventative pest management program. Skinned Area Maintenance (Not Used) Tree and Palm Maintenance Program 1. Provide type(s) of fertilizer and rates proposed for general use, and other specific nutrient additives; 2. List proposed application schedule (annual basis); 3. Describe proposed preventative pest management program. BID NO: 14-02/03 CITY OF MIAMI BEACH DATE: 4/8/03 45 9.1.6 9.1.7 9.1.7 9.1.8 9.1.9 Shrub and Ground Cover Maintenance Program 1. Provide type(s) of fertilizer and rates proposed for general use, and other specific nutrient additives; 2. List proposed application schedule (annual basis) 3. Describe proposed preventative pest management program. Irrigation Maintenance Program ( Not Used) Equipment Specifications 1. List all tools, equipmem (including manufacturer) and quantities of each type that be proposed to perform maintenance. Bidders Supplement 1. Copies of all applicable licenses, permits, etc. required perform the services; 2. List of clients with specialty turf types the bidder currently has, along with contact infomiation; 3. Miscellaneous Infocmation - this section of the proposal should include any additional information about the services or bidder that is not addressed elsewhere in the proposal. Schedule of Values N/A END OF SECTION BID NO: 14-02/03 CITY OF MIAMI BEACH DATE: 4/8/03 46 TO PROVIDE PEST CONTROL AND FERTILIZATION SERVICE BID # 14-02/03 BID FORM We propose to furnish all labor, tools, equipment, transportation, permits, licenses, services and incidentals necessary in order to provide Pest Control and Fertilization Services for the City of Miami Beach, in accordance with Bid Specifications, as follows: Job Classification Est. Hours Labor Rate Total/Annual (year) (per hour) Pest Control Project Supervisor 60 x $ $ (1 hour per week) Pest Control Technician 2080 x $ $ (8 hrs/day x 5 days/week) ESTIMATED ANNUAL TOTAL: $ (WRITTEN AMOUNT) NOTE: THE CITY WILL PAY THE CONTRACTOR, THEIR COSTS INCURED (VENDOR COSTS) FOR ANY/ALL MATERIALS REQUIRED, THAT WILL NOT BE PROVIDED BY THE CITY. NOTE: BIDDERS SHALL SUBMIT THE HOURLY LABOR RATES FOR "REGULAR WORKING HOURS". HOURLY LABOR RATES FOR OVERTIME WILL BE NEGOTIATED BY THE CITY MANAGER, OR HIS DESIGNATED REPRESENTATIVE, AND WILL NOT EXCEED AN HOURLY LABOR RATE OF THE BIDDERS REGULAR HOURLY LABOR RATE AND ONE HALF. ("TIME AND A HALF") SHOULD ADDITIONAL WORK BE REQUIRED DURING REGULAR WORKING HOURS, (SECTION 2.16) THE CONTRACTOR WILL INVOICE THE CITY, THE SAME HOURLY LABOR RATES AS SUBMITTED IN THE ABOVE BID FORM. BID NO: 14-02/03 CITY OF MIAMI BEACH DATE: 4/8/03 47 TO PROVIDE PEST CONTROL AND FERTLIZATION SERVICE BID # 14-02/03 BID FORM We propose to furnish all labor, tools, equipment, transportation, permits, licenses, services, and incidentals necessary in order to provide Pest Control and Fertilization Services for the City of Miami Beach, in accordance with Bid Specifications, as follows. 'ob Classification Est. Hours (year) Labor Rate(p/h) Total/Annual Pest Control Supervisor 60 $ 481.40 $ 28,884.00 (1 Hour per week) Pest Control Technician 2080 $ (8hrs/dayxSdays/week) 18.00 $ 37,440.00 Estimated Annual Total: $ 66,324.00 Written Amount: Sixty Six Thousand Three Hundred and Twent Four Dollars NOTE: The city will pay the contractor, their costs incurred (vendor costs) for any/all materials required that will not be;provided by the city. NOTE: Bidders shall submit the hourly labor rates for "regular working hours" hourly labor rates for overtime will be negotiated by the city manager, or his designated representative, and will not exceed an hourly labor rate of the bidders regular hourly labor rate and one half. ("time and a halt') should additional work be required during regular working hours, (Section 2.16) the contractor will invoice the city, the same hourly labor rates as submitted in the above bid foxm. TO PROVIDE PEST CONTROL AND FERTILIZATION SERVICE BID # 14-02/03 ADDENDUM ACKNOWLEDGEMENT: ADDENDUM NO. NO. DATED SIGNATURE OF PERSON SIGNING BID PAYMENT TERMS: NET 30. If other, specify here: ANY LETTERS, ATTACHMENTS, OR ADDITIONAL INFORMATION TO BE CONSIDERED PART OF THE BID MUST BE SUBMITTED IN DUPLICATE. NAME/TITLE(Prin0: ADDRESS: CITY/STATE: TELEPHONE NO: FACSIMILE NO: SIGNED: ZIP: (I certify that I am authorized to execute this proposal and commit the bidding firm) BID NO: 14-02/03 CITY OF MIAMI BEACH DATE: 4/8/03 48 TO PROVIDE PEST CONTROL AND FERTILIZATION SERVICE BID # 14-02/03 ADDENDUM ACKNOWLEDGEMENT: ADDENDUM DATED SIGNATURE OF PERSON SIGNING BID NO. 1 4/23/03 NO. PAYMENT TERMS: NET 30. If other, specify here: N/A ANY LETTERS, ATTACHMENTS, OR ADDITIONAL INFORMATION TO BE CONSIDERED PART OF THE BID MUST BE SUBMITTED IN DUPLICATE. NAME/TITLE(Print): ADDRESS: CITY/STATE: TELEPHONE NO: FACSIMILE NO:, ;~ SIGNED: d~l%t~x Francisco J. Torre PO Box 440135 Miami, Florida ZIP:33144 305-821-3888 305-698-6339 (I certify that I-ak authorized to execute this proposal and commit the bidding firm) Tower Pest Control PO Box 440135 Miami, F1 CMB BID NO. 14-02/03 TO PROVIDE PEST CONTROL AND FERTILIZATION SERVICE BID # 14-02/03 BID CHECK LIST To ensure that your bid is submitted in conformance with the Contract Documents, please verify that the following items have been completed and submitted as required. X Original and one copy of bid (including all submittal information) General Conditions Section 1.1 Special Conditions Section 2.31 X Execution of Bid General Conditions Section 1.2 Equivalents/Equal Product General Condition Section 1.10 Special Conditions Section 2.32 X Insurance and Indemnification (including Insurance Checklist) General Condition Section 1.34 Special Conditions Section 2.9 Samples General Condition Section 1.14 Special Conditions Section 2.12 Bid/Performance Bond General Condition Section 1.35 Special Conditions Section 2.16 X Guarantee Special Conditions Section 2.17 Product/Catalog Information Special Conditions Section_2.18 X References Special Conditions Section 2.19 X Bidder Qualifications Special Conditions Section 2.22 Exceptions to Specifications Special Conditions Section 2.24 X Supplemental Information Technical Specifications Section 9.1.1, 9.1.2, 9.1.3, 9.1.5, 9.1.6, 9.1.7, 9.1.8 BID NO: 14-02/03 CITY OF MIAMI BEACH DATE: 4/8/03 49 CONTRACTOR'S QUESTIONNAIRE NOTE: Information supplied in response to this questionnaire is subject to verification. Inaccurate or incomplete answers may be grounds for disqualification from award of this bid. Submitted to The Mayor and City Commission of the City of Miarni Beach, Florida: By. Principal Office How many years has your organization been in business as a Contractor under your present business name? -- Does your organization have current occupational licenses entitling it to do the work contemplated in this Contract? State of Florida occupational license - state type and number: Dade County certificate of competency - state type and number: City of Miami Beach occupational license - state type and number: Include copies of above licenses and certificates with proposal. How many years experience in similar work has your organization had? (A) As a Contractor (B) As a Sub-Contractor (C) What contracts has your organization completed? Contract Amt Class of Work When Completed Name/Address of Owner Have you ever had a contract terminated (as prime contractor or sub-contractor, under existing company name or another company name) due to failure to comply with contractual specifications? If so, where and why? BID NO: 14-02/03 CITY OF MIAMI BEACH DATE: 4/8/03 50 Has any officer or partner of your organization ever failed to complete a contract handled in his own name? If so, state name of individual, name of owner, and reason thereof In what other lines of business are you financially interested or engaged? Give references as to experience, ability, and financial standing What equipment do you own that is available for the proposed work and where located? Financial Statement What Bank or Banks have you arranged to do business with during the course of the Contract should it be awarded to you? Vendor Campaign Contribution. a. You must provide the names of all individuals or entities (including your sub-consultants) with a controlling financial interest. The term "controlling financial interest" shall mean the ownership, directly or indirectly, of 10% or more of the outstanding capital stock in any corporation or a direct or indirect interest of 10% or more in a firm. The term "firm" shall mean any corporation, partnership, business trust or any legal entity other than a natural person. BID NO: 14-02/03 CITY OF MIAMI BEACH DATE: 4/8/03 51 b. 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. I HEREBY CERTIFY that the above answers are true and correct. (SEAL) (SEAL) BID NO: 14-02/03 CITY OF MIAMI BEACH DATE: 4/8/03 52 CONTRACTOR'S QUESTIONNAIRE NOTE: Information supplied in response to this questionnaire is subject to verification. Inaccurate or incomplete answers may be grounds for disqualification from award of this bid. Submitted to The Mayor and City Commission of the City of Miami Beach, Florida: By Principal Office Francisco J. Torre, Tower Pest Control 610 West 51 Place Hialeah, Fl 33012 How many years has your organization been in business as a Contractor under your present business name? 6 Does your organization have current occupational licenses entitling it to do the work contemplated in this Contract? Yes State of Florida occupational license - state type and number: 5887 City of Hialeah occupational license - state type and number: 7342-16 Include copies of above licenses and certificates with proposal. How many years experience in similar work has your organization had? (A) As a Contractor 6 (B) As a Sub-Contractor 6 (C) What contracts has your organization completed? Contract Amt Class of Work When Completed Name/Address of Owner The Related Group of Miami 2828 Coral Way Penthouse 1 Miami, Fl 33145 Regional Manager: Amahs Sabatino Contract Amount: $60,000.00 per year Have you ever had a contract terminated (as prime contractor or sub-contractor, under existing company name or another company name) due to failure to comply with contractual specifications? No. If so, where and why? N/A Has any officer or partner of your organization ever failed to complete a contract handled in his own name? No. If so, state name of individual, name of owner, and reason thereof: N/A In what other lines of business are you financially interested or engaged? N/A Tower Pest Control PO Box 440135 Miami, F1 CMB BID NO. 14-02/03 Give references as to experience, ability, and financial standing The Related Group of Miami 2828 Coral Way Penthouse 1 Miami, Fl 33145 Regional Manager: Amahs Sabatino What equipment do you own that is available for the proposed work and where located? Vehicles: 2001 Ford F-150 Lariat, 2002 Ford F-150, 2001 Chevy Silverado Heavy Duty, 2001 Ford Ranger Equipment: Lawn Spray Tanks (3), B & G Hand Sprayers (9), Backpack Sprayers (3), Cart Spreaders (2), Hand Spreaders (5), Electric Foggers (3), Electric Dusters (2), Hand Duster (4) Financial Statement What Bank or Banks have you arranged to do business with during the course of the Contract should it be awarded to you? Suntrust Bank of Miami 8699 NW 36 Street Miami, Florida 33166 Vendor Campaign Contribution. a. You must provide the names of all individuals or entities (including your sub- consultants) with a controlling financial interest. The term "controlling financial interest" shall mean the ownership, directly or indirectly, of 10% or more of the outstanding capital stock in any corporation or a direct or indirect interest of 10% or more in a firm. The term "firm" shall mean any corporation, partnership, business trust or any legal entity other than a natural person. Francisco ]. Torre Francisco Torre Carmen M. Torre -b. Individuals or entities (including our sub-consultants) with a controlling financial interest. __have XXX 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. N/A ! H~.REBY CERTIFY that the above answers are true and correct. (SEAL) (SEAL) Tower Pest Control PO Box 440135 Miami, F1 CMB BID NO. 14-02/03 Supplemental Information Company Profile Date of Incorporation August of 1996. Name of Principal/Owner Francisco ]. Torre Name of Affiliates, Subsidiaries, etc. N/A Years of Company Experience Under Present Ownership 13 Administrative Offices 610 West 51 Place Hialeah, Florida 33012 Phone: 305-821-3888 Fax: 305-698-6339 E-Mail: TowerPestCo~Ttrol@aol. com History of Local Offices/Opening Date The office was opened on August 1, 1996. Normal Hours of Operation Monday-Friday from 8:00am-6:3Opm Saturdays from 8:00am-l:3Opm Name of Person In Charge of Administrative Offices Francisco J. Torre Number of Maintenance Personnel in the South Florida normally available for emergency calls: 4 List of Ail Services Company Is Capable of Providing Pest Control for roaches, common ants, rats and mice, flies, silverfish, lawn spray and lawn fertilization. Tower Pest Control PO Box 440135 Miami, F1 CMB BID NO. 14-02/03 l) 2) 3) CUSTOMER REFERENCE LISTING Contractor's shall furnish thc below requested infommtion for a minimum of eight (8) references. Contractor shall provide a minimum of two (2) separate references for Pest Control Services, and a minimum of two (2) separate references for Fertilization Services. A minimum of two (2) projects for each of the two different Services (Pest Control and Fertilization) shall be a minimum total cost of five-thousand dollars ($5,000) each. Company Name Address Contact Person/Contract Amount Telephone No. Company Name Address Contact Person/Contract Amount Telephone No. Fax No. Company Name Address Contact Person/Contract Amount Telephone No. Fax No. Company Name Address Contact Person/Contract Amount Telephone No. Fax No. Fax No. BID NO: 14-02/03 CITY OF MIAMI BEACH DATE: 4/8/03 53 5) 6) 7) 8) Company Name Address Contact Person/Contract Amount Telephone No. Fax No. Company Name Address Contact Person/Contract Amount Telephone No. Fax No. Company Name Address Contact Person/Contract Amount Telephone No. Fax No. Company Name Address Contact Person/Contract Amount Telephone No. Fax No. BID NO: 14-02/03 CITY OF MIAMI BEACH DATE: 4/8/03 54 CUSTOMER REFERENCE LISTING Contractor's shall furnish the below requested information for a minimum of eight (8) references. Contractor shall provide a minimum of two (2) separate references for Pest Control Services, and a minimum of two (2) separate references for Fertilization Services. A minimum of two (2) projects for each of the two different Services (Pest Control and Fertilization) shall be a minimum total cost of five-thousand dollars ($5,000) each. 1) The Miami Beach Convention Center 1901 Convention Center Blvd. Miami Beach, F1 33139 Property Manager: Marlene Phone #: 305-673-7311 Fax #: 305-538-0757 2) The Jackie Gleason Theater for the Performing Arts 1901 Convention Center Blvd. Miami Beach, F1 33139 Property Manager: Marlene Phone #: 305-673-7300 Fax #: 305-538-0757 3) Lakes at Deerfield 1100 S Military Trail Deerfield Beach, Fl 33442 Property Manager: Pam Sfitzer Phone #: 954-574-9969 Fax #: 954-574-9203 4) The Floridian (200 Units) -. 650 West Avenue Miami Beach, F1 33139 Property Manager: Rhonda Smith Phone #: 305-673-2250 Fax #: 305-673-0696 s) Tower Golfside Villas (194 Units) 6850 NW 179 Street Miami, F1 33015 Property Manager: Denise Castro Phone #: 305-556-4470 Fax #: 305-556-6959 Pest Control PO Box 440135 Miami, F1 CMB BID NO. 14-02/03 6) Southgate 900 West Avenue Miami Beach, FL 33139 Property Manager: Raul Gonzalez Phone #: 305-672-2412 Fax #: 305-673-4298 8) The Hemispheres (1300 Units) 1980 South Ocean Drive Hallandale Beach, F1 33009 Property Manager: Peter Sanchez Phone #: 954-456-1257 Fax #: 954-456-8376 The Related Group of Miami 2828 Coral Way Penthouse 1 Miami, Fl 33145 Regional Manager: Amaris Sabatino Phone #: 305-460-9900 Fax #: 305-460-9911 Tower Pest Control PO Box 440135 Miami, Fl CMB BID NO. 14-02/03 Bidder Qualifications The Miami Beach Convention Center Miami Beach, Florida Property Manager: Marlene Nature of Work: Interior Pest Control Jackie Gleason Theater for the Performing Arts Miami Beach, Florida Property Manager: Marlene ~ Nature of Work: Interior Pest Control The Hemispheres Hallandale Beach, Horida Property Manager: Peter Sanchez Nature of Work: Interior and Perimeter Pest Control Lakes of Deerfield Deerfield Beach, Florida Property Manager: Pam Stitzer Nature of Work: Insect Control, Fertilization, and Herbicide Golfside Villas Miami Lakes, Florida Property Manager: Denise Castro Nature of Work: Insect Control, Fertilization, and Herbicide La Arboleda Miami, Florida Property Manager: Ana Maria Uribasteria Nature of Work: Insect Control, Fertilization, and Herbicide Villas of Capri Naples, Florida Property Manager: Angela Williford Nature of Work: Insect Control, Fertilization, and Herbicide Lakeside Villas Miami, Florida Property Manager: Rosa Santos Nature of Work: Insect Control, Fertilization, and Herbicide Tower Pest Control PO Box ~.0135 Miami, Fl CMB BID NO. 14-02/03 Bidder's Supplement See Attached. Tower Pest Control PO Box 440135 Miami, FI CMB BID NO. 14-02/03 Bidding Agency: Tower Pest Control PO Box 440135 Miami, Florida 33144 Phone: 305-821-3888 Fax: 305-698-6339 Agency Administrator: Francisco J. Torre, President Date Incorporated: April 26, 1996 Services for'which proposal is submitted: To Provide Pest Control and Fertilization Services BID # 14-02/03 Program Administrator: Francisco J. Torre, President I, Francisco' J. Torre, certify I'~'~at all the information contained herein is true, accurate, and complete. · Tower Pest Control PO Box 440135 Miami, FI CMB BID NO. 14-02/03 Tower Pest Control PO Box ~-50135 Miami, Florida Phone: 305-821-3888 Fax: 305-698-6339 E-mail: TowerPestControl@aol.com TO PROVIDE PEST CONTROL AND FERTILIZATION SERVICE BID # 14-02/03 BID FORMAT 1. Original and one copy of bid (including all submittal information) General Conditions Section 1.1 Special Conditions Section 2.31 2. Execution of Bid General Conditions Section 1.2 3. Insurance and Indemnification (including Insurance Checklist) General Condition Section 1.34 Special Conditions Section 2.9 4. Guarantee Special Conditions Section 2.17 5. References Special Conditions Section 2.19 6. Bidder Qualifications Special Conditions Section 2.22 7. Supplemental Information Technical Specifications Section 9.1.1, 9.1.2, 9.1.3, 9.1.5, 9.1.6, 9.1.7, 9.1.8 Tower Pest Control PO Box 440135 Miami, F1 CMB BID NO. 14-02/03 Turf Maintenance The fertilizer used shall be one of a commercial grade product and be specifically recommended for use on each plant type. Below please find a list of the turf type's listed in the RFP, as well as the proposed fertilizer type and estimated rate for each. 1. St. Augustine- In the U.S., St. Augustine grass is found from the Carolinas to Florida and westward along the Gulf Coast to Texas and in Southern and Central California. Because of its lack of winter hardiness, St. --Augustine grass is restricted to areas with mild winter temperatures. Late fall fertilization of St. Augustine grass helps maintain color and density of the lawn into the winter and promotes early recovery of the grass in the spring. Thus, to extend the length of time a St. Augustine lawn is attractive, the lawn should receive about 1 pound of nitrogen every, 30 to 60 days from early spring through late fall. Pennington St. Augustine With atrazine lawn food is specially designed for Southern Lawns, and contains a high quality, slow-release nitrogen which provides up to 4 months of continuous feeding. The 32 lb. Bag covers approximately 7,500 sq. ft. and is $18.00 per bag. The St. Augustine turf should be fertilized four times per year at a rate of 1 pound of Nitrogen per 1000 square feet of area. Re Bahia- Bahia grass is a good all-around purpose grass that has increased in use due to it's ability to survive period of drought. It is also a relatively low maintenance grass with less disease and insect problems than some of the other warm season grasses. Poly Plus® -- slow-release sulfur-coated urea (SCU) fertilizer is available in a variety of formulations to treat this type of turf. Poly Plus works through a patented polymer coating on the urea particles to slow the release of nitrogen. The 50 lb. Bag is supplied to Tower Pest Control at a cost of $10.85 per bag. The Bahia turf should be fertilized three times per year at a rate of 1 pound of Nitrogen per 1000 square feet of area. Tree and Palm Maintenance Program The fertilizer for all the planted trees shall meet proper horticultural standards with slow release nitrogen. Trees/Palms shall be fertilized twice yearly: Spring and Fall as labeled. Poly Plus works through a patented polymer coating on the urea particles to slow the release of nitrogen. The 50 lb. Bag is supplied to Tower Pest Control at a cost of $10.85 per bag. Tower Pest Control PO Box 440135 Miami, F1 CMB BID NO. 14-02/03 Shrub and Ground Cover Maintenance Program The fertilizer for all planted shrubs and groundcovers shall meet appropriate horticultural standards with an N, P, K ratio of 4:1:3, unless soil conditions or plant species dictate differently, with 25% - 50% slow release nitrogen. All shrubs and groundcovers shall be fertilized by broadcasting by hand over the beds three (3) times per year. Fertilizer should be applied Spring, Summer and Fall at labeled rates. Poly Plus® -- slow-release sulfur-coated urea (SCU) fertilizer is available in a variety of formulations to treat this type of tuff. Poly Plus works through a patented polymer coating on the urea particles to slow the release of nitrogen. The 50 lb. Bag is supplied to Tower Pest Control at a cost of $10.85 per bag. Equipment Specifications Below please find a list of all the tools, equipment (including manufacturer) and quantities of each type that will be proposed to perform maintenance. Split tank (50-100 gal one tank/100-200 gal second tank)- $3,200.00 Pesticide spill kit- $6Z00 5-10 gal Igloo water cooler -$34.00 JD-9 spray gun with extension -$110.00, extension $11.00 Lesco turf-grass spray gun with varying GPM nozzles-S75.00 spray gun, $11.00 per nozzle 4 nozzles total Hazard/warning light-$45.00 Tower Pest Control PO Box 440135 Miami, F1 CMB BID NO. 14-02/03 Supplemental Information Personnel Organizational Chart See Attached Job Descriptions 1. Pest Control Technician Must have a valid Pest Control Operator's license from the Deparhs~ent of Agriculture and Consumer Services, Bureau of Entomology and Pest Control Services, in the Lawn & Ornamentals (L&0) category. The Pest Control Technician will be responsible for the monitoring/inspection of assigned City · landscape areas and for-~the pest control/fertilizer applications resulting from such monitoring/inspections. The Pest Control Operator is responsible for ensuring that preventative procedures are in place in order to ensure a pest free environment. Furthermore, he/she will maintain all turf grass and ornamentals with the timely application of fertilizer. 2. Pest Control Supervisor Must have a valid Pest Control Operator's License from the Deparhs~ent of Agriculture and Consumer Services, Bureau of Entomology and Pest Control Services, in the Lawn & Ornamentals (L&0) category. The Pest Control Supervisor will be responsible for ensuring that all services and materials provided are in accordance with the City of Miami Beach's regulations. Ensure that all work is completed in a scrupulous and workmanlike manner. Furthermore, he/she will be responsible to meet with the City of Miami Beach administration for a walk through inspection, and ensure that all work is completed appropriately. All Pest Control Technicians are required to wear a white short-sleeved polo shirt with the company name and logo prominently displayed on the upper left hand of the shirt. All Pest Control Supervisors are required to wear the light blue Tower Pest Control button down shirts. Employee Policy and Training Program Before they wear the distinctive Tower Pest Control Uniform, each techixician is security screened, drug tested and fulh? bonded and insured. For nearly 10 years our employees have been among the best trained and most knowledgeable i~ the ind us h'y, receiving correspondence courses and continuous Tower Pest Control training on the latest treahnent ~pes. and changing pest behaxdor and condit/ons. Employees are trained for 2 weeks on site, as well as on the field before they begin to work. This training encompasses supplying the technician with Tower Pest Control PO Box 440135 Miami, F1 CMB BID NO. 14-02/03 information regarding the different products that are available for pest control and fertilization needs, as well as the safety procedures that are in place when using the different pesticides. Once they have successfully passed this initiation period, employees are reviewed on a yearly basis based on customer satisfaction and overall route performance. These reviews are conducted in writing, and each employee is given a copy of his/her performance review. Furthermore, the supervisor may periodically "spot check" the employee and his/her clients in order to ensure that quality work is being performed. Safety Program The Department of Agriculture and Consumer Services requires employers to "develop and implement an employee education program with respect to hazard prevention and control at the work place." At Tower Pest Control our safety program encompasses all the areas related to the management of pest control. PEST LOCATION · Typical harborage areas for structural pests in different life cyde stages · Structural deficiencies and construction practices that invite pest entry and harborage PREAPPLICATION ASSESSMENT · Common signs of wood-pest infestations and infections · Methods to minimize pesticide exposure to non-target pests and organisms · Effects of pesticides on surfaces · Factors that influence or enhance pesticide effectiveness · State laws pertaining to worker safety in pest control operations · State laws pertaining to handling and storage of pesticides · Contents of wood-destroying pests and organisms inspection report · Procedures to notify consumers and persons in adjacent areas about planned pesticide application · First-aid techniques to treat injuries resulting from pesticide exposure · Methods to handle pesticide explosions and fires · Different types of emergenciesresulting from misapplication of pesticides · Contents of major sections of pesticide labels · Types of property damage that could result from pesticide application · Laws pertaining to storage of pesticides during transport · Different types of foundations associated with different types of structures · Chemical control measures for non-termite wood pest infestations · Laws regarding use of personal protective equipment · Techniques to prevent pesticide accidents during application · Techniques to mix volumes of pesticides · Methods for preventing pesticide spills · Procedures for cleaning and maintaining personal protective equipment TREATMENT METHOD DETERMINATION Tower Pest Control PO Box 440135 Miami, F1 CMB BID NO. 14-02/03 · Chemical families of pesticides used for structural pest control · Level of toxicity to humans of chemical families used for structural pest control · Occupant conditions (e.g., age, health) with potential for increased risk of sensitivity to pesticides · Residues associated with different pesticide formulations on different sur£aces · Effects of temperature, rate of dilution, and ventilation on pesticide odor · Mode of action on pests of chemicals used for structural pest control · Pesticide formulations suitable for different surfaces and different pests · Procedures for determining rate of application and pesticide dilution ratio SITE PREPARATION AND TREATMENT APPLICATION · Manufacturer's label restrictions on treatment application · Equipment for applying liquid pesticides · Methods to repair, maintain, and clean liquid application equipment · Methods to repair, maintain, and dean dry chemical application equipment · Techniques to confine pesticide applications to treatment areas · Methods to clean up and contain pesticide leaks and spills · Prescribed methods for safe disposal of used pesticides and pesticide containers · Laws related to reporting pesticide spills and leaks · Factors that influence compatibility of pesticides combined at time of application · Label contents prescribed by state and federal agencies · Requirements for area preparation for different treatment applications · Types of, and procedures for, use of personal protective equipment · Application of pesticide label information to select pesticides for spot treatment · Types of, and procedures for, use of pesticide application equipment SAFETY PROCEDURES FOR HANDLING PESTICIDES AND MATERIALS · Procedures for containing spilled liquid pesticides · Symptoms of oral, dermal and respiratory overexposure to applied pesticides and materials · Procedures for disposal of absorbent material used to soak up pesticide spills · Procedures for containing and removing spilled dry materials · Procedures for disposal of used pesticide containers · Laws and regulations related to storage, disposal, and transportation of pesticides · Procedures for cleaning and maintenance of application and personal protective equipment · Procedures for preventing malfunction of application and personal protective equipment · Reference sources for first-aid procedures for overexposure of pesticides to humans or animals · Application of safer3' precautions on pesticide labels to prevent overexposure of pesticides to self and others · Laws and regulations related to consumer notification of pesticide Tower Pest Control PO Box 440135 Miami, FI CMB BID NO. 14-02/03 0 D. DIVISION 3. LOBBYISTS Sec. 2-481. Definitions. The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Advisory personnel means the members of those city boards and agencies whose sole or primary responsibility is to recommend legislation or give advice to the City commissioners. Autonomous personnel includes but is not limited to the members of the housing authority, personnel board, pension boards, and such other autonomous or semi-~utonomous 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 depastment heads, the City attorney, chief deputy City attorney and all assistant City attorneys; however, all departmental personnel when acting in connection with administrative hearings shall not be included for purposes of this division. Lobbyist means all persons employed or retained, whether paid or not, by a principal who seeks to encourage the passage, defeat or modification of any ordinance, resolution, action or decision of any commissioner; any action, decision, recommendation of any City board or committee; or any action, decision or recommendation of any personnel defined in any manner in this section, during the time period of the entire decision-making process on such action, decision or recommendation that foreseeably will be heard or reviewed by the City commission, or a City board or committee. The term specifically includes the principal as well as any agent, attorney, officer or employee of a principal, regardless of whether such lobbying activities fall within the normal scope of employment of such agent, attorney, officer or employee. Quasi-judicial personnel means the members of the planning board, the board of adjustment and such other boards and agencies of the City that perform such quasi-judicial functions. The nuisance abatement board, special master hearings and administrative hearings shall not be included for purposes of this division. (Ord. No. 92-2777, ~ 1, 2, 3-4-92; Ord. No. 92-2785, ~ 1, 2, 6-17-92) Cross reference(s)--Definitions generally, ~ 1-2. Sec. 2-482. Registration. (a) All lobbyists shall, before engaging in any lobbying activities, register with the City clerk. Every person required to register shall register on forms prepared by the clerk, pay a registration fee as specified in appendix A and state under oath: (1) His name; BID NO: 14-02/03 CITY OF MIAMI BEACH DATE: 4/8/03 55 (2) (3) (4) (5) His business address; The name and business address of each person or entity which has employed the registrant to lobby; The commissioner or personnel sought to be lobbied; and The specific issue on which he has been employed to lobby. (b) Any change to any information originally filed, or any additional City commissioner or personnel who are also sought to be lobbied shall require that the lobbyist file an amendment to the registration fo,ms, 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 specific description where applicable of a pending request for a proposal, invitation to bid, or public hearing number. The City clerk shall reject any registration statement not providing a description of the specific issue on which such lobbyist has been employed to lobby. (e) Each person who withdraws as a lobbyist for a particular client shall file an appropriate notice of withdrawal. (f) In addition to the registration fee required in subsection (a) 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 fomt filed. (h) The registration fees required by subsections (a) and (0 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. A~_y person who only appears as a representative of a nonprofit corporation or entity (such as a charitable organization, a neighborhood or homeowner association, a local chamber of commerce or a trade association or trade union), without special compensation or reimbursement for the appearance, whether direct, indirect or contingent, to express support of or opposition to any item, shall not be required to register with the clerk as required by this section. Copies of registration forms shall be furnished to each commissioner or other personnel named on the forms. (Ord. No. 92-2777, 5 3, 3-4-92; Ord. No. 92-2785, 5 3, 6-17-92) BID NO: 14-02/03 CITY OF MIAMI BEACH DATE: 4/8/03 56 Sec. 2-483. Exceptions to registration. (a) Any public officer, employee or appointee or any person or entity in contractual privity with the City who only appears in his official capacity shall not be required to register as a lobbyist. (b) Any person who only appears in his individual capacity at a public hearing before the city commission, planning board, board of adjustment, or other board or committee and has no other communication with the personnel defined in section 2-481, for the purpose of self-representation without compensation or reimbursement, whether direct, indirect or contingent, to express support of or opposition to any item, shall not be required to register as a lobbyist, including but not limited to those who are members of homeowner or neighborhood associations. All speakers shall, however, sign up on forms available at the public hearing. Additionally, any person requested to appear before any city personnel, board or commission, or any person compelled to answer for or appealing a code violation, a nuisance abatement board hearing, a special master heating or an administrative heaxing shall not be required to register, nor shall any agent, attorney, officer or employee of such person. (Ord. No. 92-2777, 99 4, 5, 3-4-92; Ord. No. 92-2785, 99 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 thc city attorney, shall maintain signed sign-in logs for all noncity employees or personnel for registration when they meet with any personnel as defined in section 2-481. (Ord. No. 92-2785, ~ 6, 6-17-92) Sec. 2-485. List of expenditures. (a) On October 1 of each year, lobbyists shall submit to the city clerk a signed statement under oath listing all lobbying expenditures in the city for the preceding calendar year. A statement shall be filed even if there have been no expenditures during the reporting period. (b) The city clerk shall publish logs on a quarterly and annual basis reflecting the lobbyist registrations filed. All logs required by this section shall be prepared in a manner substantially similar to the logs prepared for the state legislature pursuant to F.S. 9 11.0045. (c) All members of the city commission and all city personnel shall be diligent to ascertain whether persons required to register pursuant to this section have complied with the requirements of this division. Commissioners or city personnel may not knowingly permit themselves to be lobbied by a person who is not registered pursuant to this section to lobby the commissioner or the relevant committee, board or city personnel. (d) The city attorney shall investigate any persons engaged in lobbying activities who are reported to be in violation of this division. The city attorney shall report the results of the investigation to the city commission. Any alleged violator shall also receive the results of any investigation and shall have the opportunity to rebut the findings, if necessary, and submit any written material in defense to the city commission. The city commission may reprimand, censure, suspend or prohibit such person from lobbying before the commission or any committee, board or personnel of the city. (Ord. No. 92-2777, 9 6, 3-4-92; Ord. No. 92-2785, 9 7, 6-17-92) BID NO: 14-02/03 CITY OF MIAMI BEACH DATE: 4/8/03 57 DIVISION 4. PROCUREMENT Sec. 2-486. Cone of silence. (a) Contracts for the provision of goods, services, and construction projects other than audit contracts. (1) Definition. "Cone of silence" is hereby defined to mean a prohibition on: (a) any communication regarding a particular request for proposal ("RFP"), request for qualifications ("RFQ"), request for letters of interest ("RFLI"), or bid between a potential vendor, service provider, bidder, lobbyist, or consultant and the city's administrative staff including, but not limited to, the city manager and his or her staff; (b) any communication regarding a particular RFP, RFQ, RFLI, orbid between the mayor, city commissioners, or their respective staffs, and any member of the city's administrative staff including, but not limited to, the city manager and his or her staff; (c) any communication regarding a particular RFP, RFQ, RFLI, or bid between a potential vendor, service provider, bidder, lobbyist, or consultant and any member of a city evaluation and/or selection committee; and (d) any communication regarding a particular RFP, RFQ, RFLI or bid between the mayor, city commissioners or their respective staffs and any member of a city evaluation and/or selection committee. Notwithstanding the foregoing, the cone of silence shall not apply to competitive processes for the award of CDBG, HOME, SHIP and Surtax Funds administered by the city office of community development, and communications with the city attorney and his or her staff. (2) Procedure. a. A cone of silence shall be imposed upon each RFP, RFQ, RFLI, and bid after the advertisement of said RFP, RFQ, RFLI, or bid. At the time of imposition of the cone of silence, the city manager or his or her designee shall provide for public notice of the cone of silence. The city manager shall include in any public solicitation for goods and services a statement disclosing the requirements of this division. b. The cone of silence shall terminate (i) at the time the city manager makes his or her written recommendation as to selection of a particular RFP, RFQ, RFLI, or bid to the city commission, and said RFP, RFQ, RFLI, or bid is awarded; provided, however, that following the manager making his or her written recommendation, the cone of silence shall be lifted as relates to communications between the mayor and members of the commission and the city manager; providing further if the~ city commission refers the manager's recommendation back to the city manager or staff for further review, the cone of silence shall continue until such time as the manager makes a subsequent written recommendation, and the particular RFP, RFQ, RFLI, or bid is awarded or (ii) in the event of contracts for less than $25,000.00 when the city manager executes the contract. (3) Exceptions. The provisions of this section shall not apply to: (a) oral communications at pre- bid conferences; (b) oral presentations before evaluation committees; (c) contract discussions during any duly noticed public meeting; (d) public presentations made to the city commissioners during any duly noticed public meeting; (e) contract negotiations with city staff following the award of an RFP, RFQ, RFLI, or bid by the city commission; or (f) communications in writing at any time with any city employee, official or member of the city commission, unless specifically prohibited by the applicable RFP, RFQ, RFLI, or bid documents; or (g) city commission meeting agenda review BID NO: 14-02/03 CITY OF MIAMI BEACH DATE: 4/8/03 58 meetings between the city manager and the mayor and individual city commissioners where such matters are scheduled for consideration at the next commission meeting. The bidder, proposer, vendor, service provider, lobbyist, or consultant shall file a copy of any written communications with the city clerk. The city clerk shall make copies available to any person upon request. (b) Audit contracts. (1) "Cone of silence" is hereby defined to mean a prohibition on: (a) any communications regarding a particular RFP, RFQ, RFLI, or bid between a potential vendor, service provider, bidder, lobbyist, or consultant and the mayor, city commissioners or their respective staffs, and any member of the city's administrative staff including, but not limited to the city manager and his or her staff, (b) any oral communication regarding a particular RFP, RFQ, RFLI, or bid between the mayor, city commissioners or their respective staffs and any member of the city's administrative staffincluding, but not limited to, the city manager and his or her staff; and (c) any communication regarding a particular RFP, RFQ, RFLI, or bid between a potential vendor, service provider, bidder, lobbyist, or consultant and any member of a city evaluation and/or selection committee; and (d) any communication regarding a particular RFP, RFQ or bid between the mayor, city commissioners or their respective staffs and any member of a city evaluation and/or selection committee. Notwithstanding the foregoing, the cone of silence shall not apply to communications with the city attorney and his or her staff. (2) Except as provided in subsections (b)(3) and (b)(4) hereof, a cone of silence shall be imposed upon each RFP, RFQ, RFLI, or bid for audit services afler the advertisement of said RFP, RFQ, RFLI, or bid. At the time of the imposition of the cone of silence, the city manager or his or her designee shall provide for the public notice of the cone of silence. The cone of silence shall terminate (a) at the time the city manager makes his or her written recommendation as to selection of a particular RFP, RFQ, RFLI, or bid to the city commission, and said RFP, RFQ, RFLI, or bid is awarded; provided, however, that following the manager making his or her written recommendation, the cone of silence shall be lifted as relates to communications between the mayor and members of the commission and the city manager; providing further if the city commission refers the manager's recommendation back to the city manager or staff for further review, the cone of silence shall continue until such time as the manager makes a subsequent written recommendation, and the particular RFP, RFQ, RFLI, or bid is awarded or (b) in the event of contracts for less than $25,000.00 when the city manager executes the contract. (3) Nothing contained herein shall prohibit any bidder, proposer, vendor, service provider, lobbyist, or consultant (a) from making public presentations at duly noticed pre-bid conferences or before duly noticed evaluation committee meetings; (b) fi-om engaging in contract discussions during any duly noticed public meeting; (c) from engaging in contract negotiations with city staff following the award of an RFP, RFQ, RFLI, or bid for audit by the city commission; or (d) fi-om communicating in writing with any city employee or official for purposes of seeking clarification or additional information from the city or responding to the city's request for clarification or additional information, subject to the provisions of the applicable RFP, RFQ, RFLI, or bid documents. The bidder or proposer etc. shall file a copy of any written communication with the city clerk. The city clerk shall make copies available to the general public upon request. BID NO: 14-02/03 CITY OF MIAMI BEACH DATE: 4/8/03 59 (4) Nothing contained herein shall prohibit any lobbyist, bidder, proposer, vendor, service provider, consultant, or other person or entity from publicly addressing the city commissioners during any duly noticed public meeting regarding action on any audit contract. The city manager shall include in any public solicitation for auditing services a statement disclosing the requirements of this division. (c) Violations/penalties and procedures. A violation of this section by a particular bidder, proposer, vendor, service provider, lobbyist, or consultant shall subject said bidder, proposer, vendor, service provider, lobbyist, or consultant to the same procedures set forth in Division 5, entitled "Debarment of Contractors from City Work" shall render any RFP award, RFQ award, RFLI award, or bid award to said bidder-rproposer, vendor, service provider, bidder, lobbyist, or consultant void; and said bidder, proposer, vendor, service provider, lobbyist, or consultant shall not be considered for any RFP, RFQ, RFLI or bid for a contract for the provision of goods or services for a period of one year. Any person who violates a provision of this division shall be prohibited from serving on a city evaluation and/or selection committee. In addition to any other penalty provided by law, violation of any provision of this division by a city employee shall subject said employee to disciplinary action up to and including dismissal. Additionally, any person who has personal knowledge of a violation of this division shall report such violation to the city attorney's office or state attorney's office and/or may file a complaint with the county ethics commission. (Ord. No. 99-3164, § 1, 1-6-99; Ord. No. 2001-3295, § 1, 3-14-01) BID NO: 14-02/03 CITY OF MIAMI BEACH DATE: 4/8/03 60 RESOLUTION NO. 2000-23879 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH REQUIRING THAT CONTRACTORS ADOPT A CODE OF BUSINESS ETHICS PRIOR TO ENTERING INTO A CONTRACT WITH THE CITY OF MIAMI BEACH WHEREAS, the Greater Miami Chamber of Commerce ("GMCC") adopted a Model Code of Business Ethics (the "Model Code"); and WHEREAS, the City of Miami Beach is a member of the 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 s~andards in thc community; and WHEREAS, the GMCC encourages its members to adopt the principles and practices outlined in the Model Code; and WHEREAS, the Commission believes that each entity which does business with the City of Miami Beach should be required, as a condition of doing business with the County to adopt a Code of Business Ethics. NOW, THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: Section 1. Each person or entity that seeks to do business with the City shall adopt a Code of Business Ethics ("Code") and submit that Code to the City Manager or his or her designee prior to execution of any contract between the con~xactor and thc City. The Code of Business shall, at a minimum, require the contractor to comply with all applicable governmental rules and regulations including, among others, the conflict of interest, lobbying and ethics provisions of 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 BID NO: 14-02/03 CITY OF MIAMI BEACH DATE: 4/8/03 61 PASSED and ADOPTED tl~s,, ATTEST: CITY CLERK day of April 2000 '' MAYOR FCRM & LANGUAC,'~ & FOR EXEc, ur~-~o BID NO: 14-02/03 CITY OF MIAMI BEACH DATE: 418103 62 GREATER MIAMI CHAMBER OF COMMERCE MODEL CODE OF BUSINESS ETHICS STATEMENT OFPURPOSE The Greater Miami Chamber of Commer(~e CGMCC") seeks to create and sustain an ethical business climate for its members and the community by adopting a Code of Business Ethics. The GMCC encourages its members to incorporate the principles and practices outlined here in their individual codes of ethics which will guide their relationships with customers, clients and suppliers, This Model Code can and should be prominently displayed at all business locations and may be incorporated into marketing materials. The GMCC believes that its members should use this Code as a model I'or the development of their organizations' business codes of ethics. Th s Mode Code s a slatement otprinciples Io help (]uide decisions end actions based on respec-t lot Ihe imporlence of ethical business standards in Ihe community, The GMCC believes ~he adoption o! a meaninglul code of ethics is the responsibili~ et every business and protess~onal organiz,.lion. Compliance with Government Rules & Requlations We wilt 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 irregularilies and other improper or unlawful business practices to the Ethics Commission. the Office o1' Inspector General or appropriate law enforcement authorities. Recruitment, Selection & Compensation of Vendors and Suppliers We will avoid conflicts of interest and disclose such conflicts when identified; Gifts which compromise the integrity of a business transaction are unacceptable; we will not kick back any portion of a contract payment to employees of th.e other contracting party or accept such a kickbadk, Businees Accountinq All our financial transactions will bo properly and fairly recorded in appropriate books of account, and there will be no "off tho books" transactions or secret accounts. Promotion and Sales of Products and Services Our products will comply with ail applicable safety, and quality standards; We will promote and advertise our business and its products or services in a manner which is not misleading and does not falsely disparage our competitors; Ooin,q Business with the Government BID NO: 14-02/03 CITY OF MIAMI BEACH DATE: 4/8/03 63 We will conduct business with government agencies and employees in a manner which avoids even the appearance of impropriety. Efforts to curry political favoritism are unacceptable; Our bids will be competitive, appropriate to the bid documents and arrived at independently; Any challenges to contracts awarded will have a substantive basis and not be pursued merely because we are the unsuccessful bidder; We will, to the best of our ability, pedorm government contracts awarded at the price and under the terms provided for in the contract, We will not submit inflated invoices for goods provided or services performed under such contracts, and 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 othen~ise channel kickbacks from contracts awarded, to government officials, 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 Campaigns · 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 ol~ficiats 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 law and will comply with all requirements for public disclosure. All contributions made on behalf of the business must be reported to senior company management; We will not contribute to the campaigns, of persons who are convicted felons or those 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 Officer Date BID NO: 14-02/03 CITY OF MIAMI BEACH DATE: 4/$/03 64 ORDINANCE NO 2000-3234 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 2, ARTICLE VI, ENTITLED "PROCUREMENT", BY CREATING DIVISION 5, ENTITLED "DEBARMENT", SECTIONS 2-397 THROUGH 2-406 OF THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA, PROVIDING FOR DEBARMENT OF CONTRACTORS FROM CITY WORK; PROVIDING FOR SEVERABILITY; CODIFICATION; REPEALER; AND AN EFFECTIVE DATE. NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1. Miami Beach City Code, Chapter 2, entitled "Administration", Article VI, entitled "Procurement", is hereby amended by adding the following Division 5, entitled - "Debarment of Contractors from City Work" reading as follows: Division 5. Debamient of contractors from City work. Section 2-397. Purpose of debarment. (a) The City shall solicit offers from, award contracts to, and consent to subcontractors with responsible contractors only: To effectuate this police, the debarment of contractors from City work may be undertaken. The serious nature of debarment requires that this sanction be imposed only when it is in the public interest for the City's protection, and not for purposes of punishment. Debarment shall be imposed in accordance with the procedures contained in this ordinance. Section 2-398. Definitions. (a) Affiliates. Business concerns, organizations, lobbyists or other individuals are affiliates of each other if, directly or indirectly. (I) either one controls or has the power to control the other, or (ii) a third part controls or has the power to control both. Indicia of control include, but are not limited to. a fiduciary relation which results from the manifestation of consent by one individual to another that the other shall act on his behalf and subject to his control, and consent by the other so to act; interlocking management or ownership; identity of interests among family members; shared facilities and equipment; common use of employees; or a business entity organized by a debarred entity, individual, or affiliate following debarment of a contractor that has the same or similar management, ownership, or principal employees as the contractor that was debarred or suspended. BID NO: 14-02/03 CITY OF MIAMI BEACH DATE: 4/8/03 65 (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) (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 criminal offense, be it a felony or misdemeanor, by any court of competent jurisdiction, whether entered upon a verdict or a plea. and includes a conviction entered upon a plea of nolo contendere. Debarment means action taken by the Debarment Committee to exclude a contractor (and. in limited instances specified in this ordinance, a Bidder or Proposer from City contracting and City approved subcontracting for a reasonable, specified period as provided in subsection (j) below: a contractor so excluded is debarred. (t) Debarment Committee means a group of seven (7) individual members, each appointed by the Mayor and individual City Commissioners, to evaluate and. if warranted, to impose debarment, (g) Preponderance Greater weight of the evidence means proof by information that, compared with that opposing it, leads to the conclusion that the fact at issue is more probably tree than not. (h) Indictment means indictment for a criminal offense. An information or other filing by competent authority charging a criminal offense shall be given the same effect as an indictment. (i) (J) Legal proceeding means any civil judicial proceeding to which the City is a party or any criminal proceeding. The term includes appeals from such proceedings. List of debarred contractors means a list compiled, maintained and distributed by the City=s Procurement Office. containing the names of contractors debarred under the procedures of this ordinance. Section 2-399.List of debarred contractors. (a) The City's Procurement Office. is the agency charged with the implementation of this ordinance shall: BID NO: 14-02/03 CITY OF MIAMI BEACH DATE: 4/8/03 66 O) (2) (3) 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; Periodically revise and distribute the List and issue supplements, if necessary, to all departments, to the Office of the City Manager and to the Mayor and City Commissioners: and Included in the List shall be the name and telephone number of the City official responsible for its maintenance and distribution. (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: O) (2) (3) In accordance with intemal retention procedures maintain records relating to each debarment; Establish procedures to provide for the effective use of the List, including internal distribution thereof to ensure that departments do not solicit offers from, award contracts to, or consent to subcontracts with contractors on the List; and Respond to inquiries concerning listed, contractors and coordinate such responses with the department that recommended the action, Section 2-400. Effect of debarment. (a) Debarred contractors are excluded from receiving contracts, and departments shall not solicit offers from award contracts to, or consent to subcontracts with these contractors unless the City Manager determines that an emergency exists justifying such action, and obtains approval from the Mayor and City Commission, which approval shall be given by 5/7ths vote of the City Commission at a regularly scheduled City Commission meeting. Debarred contractors are also excluded from conducting business with the City as agents, representatives, subcontractors or partners of other contractors. (b) Debarred contractors are excluded from acting as individual sureties. BID NO: 14-02/03 CITY OF MIAMI BEACH DATE: 4/8/03 67 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 debamaent period may commence upon the conclusion of the contract, subject to approval of same be 5/7ths vote of the Mayor and City Commission at a regularly scheduled meeting. (c) City departments may not renew or otherwise extend the duration of current contract or consent to subcontracts with debarred contractors, unless the City Manager determines that an emergency exists justifying the renewal or extension or for an approved extension du~ to delay or time extension for reasons beyond the contractor's control and such action is approved by 5/7ths vote of ihe 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 &further work under the contract will not result in a breach of such contract. Section 2-402.Restrictions on subcontracting. (a) When a debarred contractor is proposed as a subcontractor for any subcontract subject to City approval, the department shall not consent to subcontracts with such contractors unless the City Manager determines that an emergency exists justifying such consent and the Mayor and City Commission approves such decision by 5/7ths vote at a regularly scheduled meeting. (b) The City shall not be responsible for any increases in project costs or other expenses incurred by a contractor as a result of rejection of proposed subcontractors pursuant to subsection 2- 402(a) above, provided the subcontractor was debarred prior to bid opening or opening of proposals, where the contract was awarded be the City pursuant to an RFP, RFO, RFLI, or bid. Section 2-403.Debarment. (a) The Debarment Committee may, in the public interest debar a contractor for any of the causes listed in this ordinance using the procedures outlined below. The existence of a cause for debarment however, does not necessarily require that the contractor be debarred; the seriousness of the contractor's acts or omissions and any mitigating factors should be considered in making any debarment decision. BID NO: 14-02/03 CITY OF MIAMI BEACH DATE: 4/8/03 68 (b) Debarment constitutes deba~xaent of all officers, directors, shareholders owning or controlling twenty-five (25) percent of the stock, parmers, divisions or other organizational elements of the debarred contractor, unless the debarred decision is limited by its terms to specific divisions, organizational elements or commodities. The Debarment Committee's decision includes any existing affiliates of the contractor if they are (I) specifically named and (ii) given written notice of the proposed debaanent and an opportunity to respond. Future affiliates of the contractor are subject to the Debamient Committee's decision. (c) A contractor's debarment shall be effective throughout City Government. Section 2-404. C__~auses for debarment. (a) The Debarment Committee shall debar a contractor for a conviction or civil judgment, (t) (2) (3) (4) For commission of a fraud or a criminal offense in connection with obtaining attempting to obtain, performing, or making a claim upon a public contract or subcontract or a contract or subcontract funded in whole or in part with public funds; For violation of federal or State antitrust statutes relating to the submission of offers; For commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; Which makes the City the prevailing party in a legal proceeding and a court detemdnes that the lawsuit between the contractor and the City was frivolous or filed in bad faith. (b) The Committee may debar a contractor, (and, limited instances set forth hereinbelow a Bidder or Proposer) based upon a preponderance the greater weight of the evidence, for; (2) (3) Violation of the terms of a City contract or subcontract or a contract or subcontract funded in whole or in part by City funds such as failure to perform in accordance with the terms of one (1) or more contracts as certified by the City department administering the contract; or the failure to perform or unsatisfactorily perform in accordance with the terms of one (1) or more contracts,' as certified by an independent registered architect engineer or general contractor; Violation of a City ordinance or administrative order which lists debarment as a potential penalty; Any other cause which affects the responsibility of a City contractor or subcontractor in perfonning City work. Section 2-405. Debarment procedures. (a) Requests for the debarment of contractors may be initiated by a City Depa~hnent or by a citizen-at large and shall be made in writing to the Office of the City Manager. Upon receipt ora request for debarment, the City Manager shall transmit the request to the Mayor and City Commission at a regularly scheduled meeting. The Mayor and City Commission shall transmit the request to a person or persons who shall be charged by the City Commission with the duty of promptly investigating and preparing a written report(s) concerning the BID NO: 14-02/03 CITY OF MIAMI BEACH DATE: 4/8/03 69 (f) (g) 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 ofdebmment as enumerated in this ordinance, identification of the contractor and all named affilia~te: affected by the decision, and the specific term, including duration, of the debarment imposed. (h) Notice of Debarment Committee's decision. (i) (1) (2) If the Debarment Committee decides to impose debarment, the City Manager shall give the contractor and any named affiliates involved written notice by certified mail, return receipt requested, or hand delivery, within ten (10) working days of the decision, specifying the reasons for debarment and including a copy of the Committee's written decision; stating the period of debarment, including effective dates; and advising that the debamient is effective throughout the City departments. 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 (a) (b) 2-406. Period of debarment. The period of debarment imposed shall be within the sole discretion of the Debarment Committee. Debarment shall be for a period commensurate with the seriousness of the cause(s), and where applicable, within the guidelines set forth below, but in no event shall exceed five (5) years. The following guidelines in the period of debarment shall apply except where mitigating or aggravating circumstances justify deviation: (1) For commission of an offense as described in subsection 2404(a)(1): five (5) years. (2) For commission of an offense as described in subsection 2404(a)(2): five (5) years. (3) For commission of an offense as described in subsection 2404(a)(3): five (5) years. (4) For commission of an offense as described in subsection 2404(a)(54): two (2) to five (5) years. BID NO: 14-02/03 CITY OF MIAMI BEACH DATE: 4/8/03 71 (c) (5) For commission of an offense as described in subsections 2404(b)(1) or (2): two (2) to five (5) years. The Debarment Committee may, in its sole discretion, reduce the period of debarment, upon the contractor's written request for reasons such as: (d) (1) (2) (3) (4) (5) Newly discovered material evidence; Reversal of the conviction or civil judgment upon which the debarment was based; Bona fide change in ownership or management; Elimination of other causes for which the debarment was imposed; or Other reasons the Debarment Committee deems appropriate. The debarment debarred contractor's written request shall contain the reasons for requesting a reduction in the debam~ent period, The City's Procurement Office, with the assistance of the affected department shall have thirty (30) days from receipt of such request to submit written response thereto. The decision of the Debarment Committee regarding a request made under this subsection is final and non-appealable. SECTION 2. SEVERABILITY. If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder shall not be affected by such invalidity. SECTION 3. CODIFICATION. It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is hereby ordained that the provisions of this ordinance shall become and be made a part of the Code of the City of Miami Beach, Florida. The sections of this ordinance may be renumbered relettered to accomplish such intention, and the word "ordinance" may be changed to "section", "article," or other appropriate word. SECTION 4. REPEALER. All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. SECTION 5. EFFECTIVE DATE. This Ordinance shall take effect on the 3rd day of March,2000. PASSED and ADOPTED this 23rd day of February, 2000. BID NO: 14-02/03 CITY OF MIAMI BEACH DATE: 4/8/03 72 ORDINANCE NO. 2002-3344 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ESTABLISHING PROCEDURES FOR RESOLVING BIDS (BIDS), REQUEST FOR PROPOSALS (RFP'S), REQUEST FOR QUALIFICATIONS (RFQ'S), REQUEST FOR LETTERS OF INTEREST (RFLI'S), AND PURCHASE ORDERS BASED ON WRITTEN OR ORAL QUOTATIONS, BY AMENDING CHAPTER 2 OF THE CODE OF THE CITY OF MIAMI BEACH ENTITLED "ADMINISTRATION"; BY AMENDING ARTICLE VI THEREOF ENTITLED "PROCUREMENT'; BY CREATING SECTION 2-371 ENTITLED "AUTHORITY TO RESOLVE PROTESTED BIDS AND PROPOSED AWARDS"; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, from time to time the City procures goods and services through Invitation for Bids, Requests for Proposals, Requests for Qualifications, Requests for Letters of Interest, and purchase orders based on written or oral quotations, in accordance with the public bidding procedures set forth in Florida law and the Code of the City of Miami Beach (the "City Code"); and WHEREAS, such process may lead to protested bids and proposed awards; and WHEREAS, it is the intent of the Mayor and City Commission that procedural and technical issues related to Invitations for Bids, Requests for Proposals, Requests for Qualifications, Requests for Letters of Interest, and purchase orders based on written or oral quotations, be decided by the City Manager and the City Attorney, and that their determinations with respect to said procedural and technical issues shall be deemed final; and WHEREAS, it is in the best interests of the City and all respondents to Invitations for Bids, Requests for Proposals, Requests for Qualifications, Requests for Letters of Interest, and purchase orders based on written or oral quotations, to have a clear and unequivocal procedure for resolving such protests in a timely and expeditious manner. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, as follows: Section 1. There is hereby added to Article VI of Chapter 2 of the City Code a new Section 2-371, which shall read as follows: Section 2-371. Authority to Resolve Protested Bids and Proposed Awards. Right to Protest. Any actual bidder, qualified proposer, or interested parties (hereinafter collectively referred to as the "bidder") who has a substantial interest in, and is aggrieved in connection with the solicitation or proposed award of, a request for proposals ("RFP"), request for qualifications ("RFQ"), request for letters of interest ("RFLI') or invitation for bid for goods and/or services ("hereinafter, collectively referred to as the bid") may protest to the City Manager or his or her designee. Protests arising from the decisions and votes of (a) CITY OF MIAMI BEACH BID NO: 14-02/03 DATE: 4/8/03 73 any evaluation or selection committee shall be limited to protests based upon alleged deviation(s) from established purchasing procedures set forth in this Code, any written guidelines of the Procurement Department, and the specifications, requirements and/or terms set forth in any bid. O) Any protest concerning the bid specifications, requirements, and/or terms must be made within three (3) business days (for the purposes of this ordinance, "business day" means a day other than Saturday, Sunday or a national holiday), from the time the facts become known and, in any case, at least two (2) business days prior to the opening of the. Such protest must be made in writing to the City Manager or his or her designee, and such protest shall state the particular grounds on which it is based and shall include all pertinent documents and evidence. No bid protest shall be accepted unless it complies with the requirements of this section. Failure to timely protest bid specifications, requirements and/or terms is a waiver of the ability to protest the specifications, requirements and/or terms. (2) Any protest after the bid opening, including challenges to actions of any evaluation or selection committee as provided in subsection (a) above, shall be submitted in writing to the City Manager, or his or her designee. The City will allow such bid protest to be submitted anytime until two (2) business days following the release of the City Manager's written recommendation to the City Commission, as same is set forth and released in the City Commission agenda packet, for award of the bid in question. Such protest shall state the particular grounds on which it is based and shall include all pertinent grounds on which it is based, and shall include all pertinent documents and evidence. No bid protest shall be accepted unless it complies with the requirements of this section. All actual bidders shall be notified in writing (which may be transmitted by electronic communication, such as facsimile transmission and/or e-mail), following the release of the City Manager's written recommendation to the City Commission. (b)Any bidder who is aggrieved in connection with the solicitation or proposed award of a purchase order based on an oral or written quotation may protest to the City Manager or his or her designee anytime during the procurement process, up to the time of the award of the purchase order, but not after such time. Such protest shall be made in writing and state the particular grounds on which it is based and shall include all pertinent documents and evidence. No bid protest shall be accepted unless it complies with the requirements of this section. (c) The City may request reasonable reimbursement for expenses incurred in processing any protest hereunder, which expenses shall include, but not be limited to, staff time, legal fees and expenses (including expert witness fees), reproduction of documents and other out-of-pocket expenses. BID NO: 14-02/03 CITY OF MIAMI BEACH DATE: 4/8/03 74 (d)Authority to Resolve Protests. The City Manager or his or her designee shall have the authority to settle and resolve a protest concerning the solicitation or award ora bid. (e) Responsiveness. Prior to any decision being rendered under this Ordinance with respect to a bid protest, the City Manager and the City Attorney, or their respective designees, shall certify whether the submission of the bidder to the bid in question is responsive. The parties to the protest shall be bound by the determination of the City Manager and the City Attorney with regard to the issue of responsiveness. Th ~ (0 Decision and Appeal Procedures. If the bid protest is not resolved by mutual agreement, the City Manager and the City Attorney, or their--respective designees, shall promptly issue a decision in writing. The decision shall specifically state the reasons for the action taken and infotYn the protestor of his or her right to challenge the decision. Any person aggrieved by any action or decision of the City Manager, the City Attorney, or their respective designees, with regard to any decision rendered under this section may appeal said decision by filing an original action in the Circuit Court of the Eleventh Judicial Circuit in and for Miami-Dare County, Florida, in accordance with the applicable court rules. Any action not brought in good faith shall be subject to sanctions including damages suffered by the City and attorney's fees incurred by the City in defense of such wrongful action. (g) Distribution. A copy of each decision by the City Manager and the City Attorney shall be mailed or otherwise furnished immediately to the protestor. (h) Stay of Procurements During Protests. In the event of a timely protest under this section, the City shall not proceed further with the solicitation or with the award pursuant to such bid unless a written detemfination is made by the City Manager, that the award pursuant to such bid must be made without delay in order to protect a substantial interest of the City. (i) The institution and filing of a protest under this Code is an administrative remedy that shall be employed prior to the institution and filing of any civil action against the City concerning the subject matter of the protest. O) Protests not timely made under this section shall be barred. Any basis or ground for a protest not set forth in the letter of protest required under this section shall be deemed waived. (k)At the time the City Manager's written recommendation for award of a bid is presented at a meeting of the Mayor and City Commission, the City Attorney, or his or her designee, shall present a report to inform the Mayor and City Commission of any legal issues relative to any bid protest filed in connection with the bid in question. BID NO: 14-02/03 CITY OF MIAMI BEACH DATE: 4/8/03 75 day and year first above written. ATTEST: IN WITNESS WHEREOF, the part~p.~ iFHE set their hands and seals the MIAMI BEACH City Clerk ~'~ ~at )r CONTRACTOR MUST EXECUTE THIS CONTRACT AS INDICATED BELOW. USE CORPORATION OR NONCORPORATION FORMAT, AS APPLICABLE. [If incorporated sign below.] ATTEST: (se (Corporate Seal) [If not incorporated sign below.] WITNESSES: CONTRACTOR (Name (Signal) _. _ (Print Namd and Title) 2i dayof ~01~ CONTRACTOR By: (Name of Firm) (Signature) (Print Name and Title) ~A~I'O ~ day of ,20 FORM & LANGUAGE & r'~~'~QUINRES FIVE (5)FULLY.EXECUTED CONTRACTS, FOR DISTRIBUTION '~' Cr~ Attome¥~ O-te BID NO. 14-02/03 CITY OF MIAMI BEACH DATE: 4/8/03 77