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Contract for Electro batteries CITY OF MIAMI BEACH PROCUREMENT DIVISION Interoffice Memorandum m To: Robert Parcher City Clerk From: l:'J'Gus Lopez, CPPO ~ Lr Procurement Direct'; Date: August 20,2003 Subject: CONTRACT FOR BID. 48-02/03, PURCHASE AND DELIVERY OF FOUR (4) SETS OF INDUSTRIAL BATTERIES FOR THE ELECTROWAVE SHUTTER BUSES Four (4) copies of the above referenced Contract are attached for the Mayor's signature and execution. The insurance certificate is not required according to Risk Management for the purchase and delivery of the four (4) set of Industrial Batteries and the City Attorney has approved the form and language for contract execution. Thank you for your prompt attention to this matter. .// ~? ~-"' -....... 1- ,1/__- (. l-..-.... Gus Lopez, CPPO Procurement Director ao 113U) ~ ~ 2--6 CITY CLERK INVITATION FOR BIDS PURCHASE AND DELIVERY OF FOUR (4) SETS OF INDUSTRIAL BATTERIES FOR THE ELECTROW A VE SHUTTLE BUSES BID 48-02/03 BID OPENING: JUNE 27,2003 AT 3:00 P.M. Gus Lopez, CPPO, Procurement Director City of Miami Beach - Procurement Division 1 700 Convention Center Drive Miami Beach, FL 33139 BID NO: No. 48-02/03 DATE: 06110/03 CITY OF MIAMI BEACH 1 CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER ORNE MIAMI BEACH, FLORIDA 33139 www.miamibeachfl. ov COMMISSION MEMORANDUM To: Mayor David Dermer and Date: July 30, 2003 Members of the City Commission Jorge M. Gonzalez a. ' - /' City Manager ~ REQUEST FOR PPROVAL TO AWARD A CONTRACT TO AMERICAN BATTERY COMPANY, INDUSTRIAL DIVISION, IN THE AMOUNT OF $41,952, PURSUANT TO INVITATION TO BID NO. 48-D2I03, FOR THE PURCHASE AND DELIVERY OF FOUR (4) SETS OF INDUSTRIAL BATTERIES FOR THE ELECTROWAVE SHUTTLE BUSES. From: Subject: ADMINISTRATION RECOMMENDATION Approve the award. FUNDING $41,952 ANALYSIS Funding is available from FTA Grant Account No. 183.6318.000.673 Invitation to Bid No. 48-02/03 (the "Bid") is for the purchase and delivery of four sets of industrial batteries as the City is now reaching a dangerously low level of available batteries for the Electrowave service. Currently there are 17 batteries being used to meet the City's service needs, however, ofthe 17, seven are over two years old. The batteries have a service life of three years assuming the batteries are only cycled once per day. The last six months of operation have required two cycles per day on approximately half of the batteries. This multiple daily cycling is expediting the approach of the end-of-Iife cycle of the 2 year old batteries, but is also impacting the life of the remaining 1 0 batteries. The capacity of the batteries continues to decline with each cycle. There are 8 shuttle buses in operation on a daily basis and the ridership is increasing. Should the City delay the purchase of these 4 battery sets the City will reach a critical situation, as there will not be enough batteries to operate the service. Even though the City has started the process of making a transition from electrical buses to diesel buses, the transition will take 3 to 4 years and a viable supply of batteries must be maintained in the interim. The Bid was issued on June 12, 2003, with an opening date of June 27.2003. BidNet issued eleven (11) notices to prospective bidders. and the Procurement Division issued two (2) additional notices. resulting in the receipt of one bid. 13 Commission Memorandum Bid No. 48-02103 Page 2 The bid submitted by American Battery Co. includes the battery manufactured by East Penn Manufacturer, Model #81P71-7, Deka Max Power units, at a delivered price of $10,488 each, to include removal of scrap batteries. These batteries come with a three year "Pro Rated Warranty" with one year free cell replacement/repair guarantee for manufacturing defect batteries. American Battery will have replacement service parts in their inventory within ten (10) calendar days after delivery of the batteries, and provide the required service support/response within 8 hours upon notification from the City's designated representative. Should the City require additional batteries, American Battery will provide the batteries under the same terms and conditions, pursuant to the bid until December 31 , 2003. In comparison, the City bought twenty-four (24) batteries from Advanced Vehicle Systems (A VS), the manufacturer of the electric shuttle buses, and paid $13,050 per battery two years ago without the above mentioned enhanced warranty and services. CONCLUSION The Administration recommends that the contract be awarded to the lowest and best bidder, American Battery Company, Industrial Division in the amount of $41,952, pursuant to Bid No. 48-02/03, for the purchase and delivery of four (4) sets of industrial batteries for the Electrowave shuttle buses. F:\PURC\$ALL \ADEOLA \Comm.Memos\Comm2002-2003\1TB4S-D2-03Batteries4.doc 14 CITY OF MIAMI BEACH COMMISSION ITEM SUMMARY lQ -=- Condensed Title: Request for Approval to Award a Contract to American Battery Company, Industrial Division, in the Amount of $41,958, Pursuant to Invitation to Bid No. 48-02/03, for the Purchase and Delivery of Four (4) Sets of Industrial Batteries for the Electrowave Shuttle Buses. Issue: Whether to award a contract to American Battery Company, Industrial Division, pursuant to Bid No. 48- 02l03? Item SummarvlRecommendation: Invitation to Bid No. 48-02103 (the "Bid") is for the purchase and delivery of four sets of industrial batteries as the City is now reaching a dangerously low level of available batteries for the Electrowave service. Currently there are 17 batteries being used to meet the City's service needs, however, of the 17, seven are over two years old. The batteries have a service life of three years assuming the batteries are only cycled once per day. The last six months of operation have required two cycles per day on approximately half of the batteries. This multiple daily cycling is expediting the approach of the end-of-life cycle of the 2 year old batteries, but is also impacting the life of the remaining 1 0 batteries. The capacity of the batteries continues to decline with each cycle. There are 8 shuttle buses in operation on a daily basis and the ridership is increasing. Should the City delay the purchase of these 4 battery sets the City will reach a critical situation, as there will not be enough batteries to operate the Electrowave service. The transition from electrical buses to diesel buses will take 3 to 4 years and viable batteries are still needed during the transition period. The bid submitted by American Battery Co. is for the battery manufactured by East Penn Manufacturer, Model #81 P71-7, Deka Max Power units, at a delivered price of $1 0,488 each, to include removal of scrap batteries on their (vendor) vehicles which must be EPA certified to transport acid batteries. These batteries come with a three year Pro Rated Warranty with one year free cell replacement/repair guarantee for manufacturing defect batteries. The Vendor will have replacement service parts in their inventory within ten (10) calendar days after delivery of the batteries and provide required service support/response within 8 hours upon notification from the City of Miami Beach designated representative. Should the City require additional batteries, American Battery will provide the batteries under the same terms and conditions Dursuant to the bid until December 31 2003. Advisory Board Recommendation: IN/A Financiallnfonnation: Source of Funds: D Finance Dept. City Clerk's Office Legislative Tracking: I Fred Beckman FB: C2B DATE 7-3t/-tJJ 12 FROM :American Battery I FAX NO. :954-583-6898 Aug. 05 2003 07:48AM Pi / VENDOF ~ CAMPAIGN CONTRIBUTION ORDINANCE ~STlONAt~ (~ll~EASe PRINT CI-EARL Y OR TYPe) VJndorjlame: American Bat:t:er.y ccmpany StrMlMdre..: 3101 Davie Blvd. )71:. l.a~erdale. Florida 33312 TeleDhone-tlumber: (954)583-2410 ~: FacaimU, Mum_: ..1IIIIInaR,dmaericanbat:t:elY-dAka.CDIIl (954)583-6898 OWNE~J! TH CO LING . &ME. nII& East: Penn Manufact:uring CDlDPany 100% o I'M NOT A VENDOR. 1i:I WE OQ NOT HAVE; A Y INDIVIDUALS WITH A CONTROLLING FINANCIAL INTER . .doc Date too/too ~ NOJSIAIa ~a~08d ew~ tgR~ CL9 90C IV~ 9t:ot COO~/tO/90 / Client#. 17506 EASPE1 ACORDT" CERTIFICATE OF LIABILITY INSURANCE I DATE (MM1DDIYYYY) OS/29/03 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Essick & Barr Insurance ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE PO Box 13219 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Reading, PA 19612-3219 610-376-2907 INSURERS AFFORDING COVERAGE NAlC # INSURED INSURER A: Twin City Fire Ins Co 29459 East Penn Manufacturing Co., Inc. INSURER B: Hartford Fire Insurance Company 19682 Oeka Road INSURER c: Nat'l Union Fire Ins Co 19445 PO Box 147 INSURER D: Hartford Ins Co of Midwest 37478 Lyon Station, PA 19536 INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING: ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR NSRI TYPE OF INSURANCE POLICY NUMBER PJll-iCY EFFECTIVE P2~IE! EXPIRATION LIMITS A GENERAL LIABILITY 39CSEC73301 06/01/03 06/01/04 EACH OCCURRENCE 51 000 000 - DAMAGE TO RENTED X. COMMERCIAL GENERAL LIABILITY 5300 000 ~ CLAIMS MADE [Xl OCCUR MED EXP (Any ona person) 510000 X Broad Form PERSONAL & ADV INJURY 51 000000 Vendors GENERAL AGGREGATE 55 000 000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS.COMPK>PAGG 52 000 000 Ixl POLICY n ~~WT n LOe B ~TOMOBILE LIABILITY 39CSEC73303 06/01/03 06/01/04 COMBINED SINGLE LIMIT 0 X ANY AUTO 39CSEC73304TX 06/01/03 06/01/04 (Ea accident) 51,000,000 - . Comp Oed - 5,000 - ALL OWNED AUTOS BODIL Y INJURY Coli Ded-10,OOO , (Per person) 5 - SCHEDULED AUTOS ~ HIRED AUTOS Hired Car P. O. Included BODILY INJURY 5 ~ NON.OWNED AUTOS (P.r eccidenl) .!... Pollution Liab PROPERTY DAMAGE X Trlr Interchg. (Per accident) 5 RAGE LIABILITY AUTO ONLY. EA ACCIDENT 5 ANY AUTO OTHER THAN EA ACe 5 AUTO ONLY: AGG 5 C tiJESSIUMBRELLA LIABILITY BE3205993 06/01/03 06/01/04 EACH OCCURRENCE 525 000 000 X OCCUR . D CLAIMS MADE AGGREGATE 525.000 000 5 ~ DEDUCTIBLE 5 X RETENTION 510.000 5 0 WORKERS COMPENSATION AND 39WNC73300 06/01/03 06101/04 X I WCSTATU'.I 10J~' EMPLOYERS' LIABILITY E.L EACH ACCIDENT 5500.000 ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? E.L. DISEASE. EA EMPLOYEE 5500.000 II yes, deSCribe under E.L DISEASE. POLICY LIMIT 5500,000 SPECIAL PROVISIONS below OTHER DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS All Operations CERTIFICATE HOLDER American Battery & Alternator 3101 Davie Blvd. Ft. Lauderdale, FL 33312 Your name and Bid' wil~ a~pear here. CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANcaLED BEFORE THE EXPIRATION DATE. THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAlL -3L DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR ACORD 25 (2001/08) 1 of 2 #M51280 ~"''''c.;:;--r.,;~c-c.=;;=;-.::::o:::..;;c;c;r:"--:-~J ~ &-- ~ l-~-"..- '~f""''i[lY'~I'~!'!'!'5!'''1lf[!'B>'>fgl ~gr~EH'~; ~ . - ~ E Industrial Battery ~ ~I Three (3) Year Limite..d W~rranty ; 'l~! Heavy-Duty ApplIcatIons ; ~! ~ I~! ~ '~' ~ ~ WARRANTY TER81liS AND CONDITIONS (continued) ~ ~ Batteries manufactured by East Penn Manufacturing Company, specific gravity before the next discharge. Recharge must be ~ ~ Inc. (referred to as "Deka") containing nine (9) or more plates accomplished during the same twenty-four (24) hour period ~ ~ per cell, are warranted by East Penn Manufacturing Company described under Terms and Conditions, #3. ~ ~ to be free of defects in workmanship and materials for a period ~ ~ of thirty-six (36) months from date of invoice. In discharge 5. Batteries shall not be subjected to misuse, abuse, or any ~ F.!l of this warranty, Deka agrees that if a battery fails to provide physical damage other than ordinary wear. m:J ~ at least eighty (80) percent of the six (6) hour rated capacity 6. East Penn Manufacturing Company authorized representatives ~ @! when tested under Deka supervision and in accordance with shall have access to the battery at reasonable hours and ~ @! B.C.!. Standard BCI-I-2, 9-95 (or its latest revision), or if any intervals for purpose of inspection. The average electrolyte ~ @! cells or parts of the battery assembly do not meet Deka temperature of the battery shall not exceed one hundred ~ ~ specifications for new material prior to thirty-six (36) months fifteen (115) degrees Fahrenheit nor drop below fifty (50) ~ ~ from date of invoice, Deka, at its option, will either (a) repair degrees Fahrenheit ~ ~ parts, cells or battery at its expense, for both labor and parts, ~ ~ or (b) furnish a suitable replacement battery, having a rated 7. Accurate maintenance and cycle records shall be maintained ~ @! capacity equal to the published rated capacity of the battery in accordance with the Deka Industrial Battery.Service Manual ~ @! returned. The replacement battery shall only be warranted and must be made available to East Penn Manufacturing ~ ~ for the remaining unused portion of the original warranty Company and its authorized agent at time of warranty ~ ~~F.!l of the replaced battery. The original battery will become the claim in order to qualify for protection under these warranty ~~m:J F.!l property of East Penn Manufacturing Company. The owner of provisions. m:J ~ the battery will be responsible for delivery of the battery to ~ @! Deka's nearest authorized representative or factory as directed 8. This warranty applies to the original user and is non- ~ ~ by the Deka product support department The use of a rental transferrable. This warranty policy does not apply to ~ ~ battery is not part of this warranty. batteries which are rented or leased by the original user. ~ ~ 9. This warranty will be considered void if repairs are made ~ F.!l TERMS AND CONDITIONS by other than East Penn Manufacturing Company or its ~ ~ designated service representative. ~ m:J 1. The user shall install and maintain each battery in accordance m:J ~ with the Deka Industrial Battery Service Manual (E. P.M. Form 1 D. Battery(ies) will be considered to be at the end of their useful ~ F.!l No. 0656 or its latest revision). life when eighty (80) percent of published rated six (6) hour m:J ~ capacity is not achieved when tested under the supervision ~ ~ 2. The user and Deka shall mutually agree each battery is of the of East Penn Manufacturing Company in accordance with ~ ~ proper size, design, and capacity to perform the duty cycle at B.C.!. Standard BCI-I-2, 9-95 (or its latest revision). ~ ~ time of purchase and must not be required to perform a duty F.!l ~ cycle greater than this agreed value during this warranty period. LIMITATION ~ ~~F.!l 3. Batteries shall be limited to one cycle of charge and discharge East Penn Manufacturing Company's sole obligation and ~ F.!l per twenty-four (24) hour day and to eighty (80) percent of the the user's exclusive remedy under this warranty shall be for F.!l ~ rated six (6) hour capacity and not more than three hundred repair or replacement as stated above. ALL OTHER WARRANTIES, ~ ~ (300) cycles per calendar year. WHETHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT F.!l ~ LIMITED TO IMPLIED WARRANTIES OR MERCHANTABILITY ~ @! 4. Each battery shall be charged on a properly sized Deka charger AND FITNESS FOR A PARTICULAR PURPOSE, ARE DISCLAIMED. ~ @! or other charger that meets or exceeds B.C.!. Standard BCI-I-4 IN NO EVENT SHALL EAST PENN MANUFACTURING COMPANY ~ ~ (or its latest revision) for industrial truck chargers. The charger BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAM- @I ~ must have the proper capacity rating, voltages, and charging ~ ~ starVfinish rates to recharge the battery to specified full charge AGES. ~ ~ ~ !~l ; I EAST PE" manufacturing co.. illt:. I ; Lyon Siallon, PA 19536-0147. Phone: (610) 682-6361 · Fax: (610) 682-4781 ; @] rdf:!ffi!ffJJ[JJ[Jm~~fflmf~Ji2),~Jf:!.lE.fElmlfdmJilli2rr2fi.:J.mr8J~ I!I E.P.M. Form No. 0691 Rev. 7/96 01996 by EPM Printed in U.SA ~Jd spalB · _u____ _un I EAST PEIIIIII"""""';'IJ co.. ;a LYON STATION, PA 19536 . 610-682-6361 Cong"tu/,t/ons on your cholc, of, n,w D,a 'ndullr',' b,tI8ry. The complete line of Deka industrial batteries incorporates every feature required by today's user of electric industrial trucks. Designed with East Penn engineering technology and buill by m,.t" b,n,ry crBflsm,n according to strict quality assurance guidelines, Deka industrial batteries are the Rn,II ,v,lI,bl, to meet today's material handling requirements. Deka precision construction provides new equipment performance throughout a long life. This battery has been Inspected prior to shipment to insure that it meets your specifications as ordered. By following the operating and maintenance instructions, you will be insuring optimum life and performance of your new Deka industrial battery. MAX POWR™ OPERATING INSTRUCTIONS HIGH ~ I~ 'VOLTAGEm 1 Rill( OF SHOCK. . . + ~ DO IIOT TOUCH SHIELD EYES i NO UIIINSUlATEO ~ EXPLOSIVE GASES .~ ."AHa TERMIIWJ OR f; CAlI CAUSE IUII0NEII ;; .FlAMES CONNECTORS. I OR INJURY. " .SMGlIIIG EEP VENT CAPS nGHTL Y III PlAC . FLUSH EYES ; IMMEDIATELY . WITH WATER. i ~GET ACID ! .~ MEDICAL CAlI CAUIE ". ... HELP IlIMDIIEII OR .. . ... SEVEREIURIIS.i T FAST. 1. Upon receipt of the battery, if there are signs of rough handling or of electrolyte leakage, file a claim with the carrier and advise your East Penn representative. The electrolyte level should normally be above the perforated separator protector, which can be seen in the cell when the vent caps are removed. However vibrations during shipping often shake enough gas out of the cell that the electrolyte level may drop below the separator protector, especially on taller cells. If the electrolyte level is still above the top of the plates and can be seen with a flashlight through the holes in the separator protector, the battery may be given its initial charge without adjusting the electrolyte level. If the electrolyte level II not visible or is below the top of the plates, check again for leaking cells and call your East Penn representative before charging the battery. 2. Check the nameplate of your charger against the nameplate of the battery to make sure they both show the same voltage and that the six-hour ampere hour capacity of the battery falls within the eight-hour recharge range of the charger. 3. The "Battery Type Identification" shown on the battery (E, EO, EE, EX) should match the "Battery Type Identification" specified on the truck nameplate. 4. Make sure that the battery "SERVICE WEIGHT. n which is stamped below the lifting hole in the steel tray, falls within the battery weight range shown on the truck nameplate. East Penn Manufacturing Co., Inc. cannot be responsible for determining that the battery weight is sufficient to counterbalance your particular truck. 5. Prior to placing the battery in service, it should be given an equalizing charge. Near the end of the charge, check to make sure that the electrolyte levels of all cells are visible and above the separator protector. The full charge specific gravity is 1.320 to 1.330 when temperature corrected to 7-rF (250C). 6. Upon installation In the truck, battery restnlnts Ihould be adjusted to restrict movement of the battery to no more than 112" in a horizontal direction. An insulated spreader bar should be used any time the battery is lifted or hoisted. 7. The battery has delivered its normal ampere hour capacity when it has been discharged to a specifiC gravity of between 1.155 and 1.175. Discharging belDw 1.155 specific gravity can shDrten the battery's service life. 8. The battery should be placed on charge upon completion of the work shift and returned to full charge. If at the end of the work shift the specific gravity has not fallen below 1.260, it is advisable to use the battery for another shift. Normally, batteries should not be used for more than two successive shifts before recharging. All vent capllhDuld be lI:eptln place and the steel tray cDver Dr the truck compartment cover kept open while charging. 9.After the daily charge and prior to the start of the wOrkshift, a specific gravity reading should be taken with a hydrometer on at least one cell in order to insure full recharge. The specific gravity should be between 1.310 and 1.330 when temperature corrected to 7rF (250C). 10.A copy of the DEKA INDUSTRIAL BATTERY SERVICE MANUAL, which gives more detailed information on the Operation and Maintenance of motive power batteries, can be obtained from your Deka representative by asking for form number 0656. MAX POWR- MAINTENANCE ALWAYS WEAR SAFETY GLASSES WHEN WORKING AROUND BATIERIESI KEEP SPARKS AND FLAMES AWAYI 1. Once each week the electrolyte level should be checked In every cell. It may be necessary to add water to the battery on a weekly to a monthly basis, depending on the type of battery and the type of service for which it is used. 2. Only distilled, deionized or approved water should be added to the battery. Water should bladded only near the end of the charge to raise the electrolyte level to the bottom of the vent well. Water should be stored in a clean non-metallic container as impurities, even in small amounts, may be harmful to battery life. 3. Depending on the type of service, it will be necessary to give the battery an equalizing charge every one to four weeks. Set the charger to the equalize position. 4. Specific gravity readings should be recorded for all cells oncllach month Immediately after an equalizing charge. If the readings average below 1.310 the charger output should be checked. If two successive monthly readings indicate more than 20 points deviation in any cell from the average specific gravity, you should contact your Deka representative. 5. Thl top of the battery should be kept clean and dry at all times. When required, the top of the battery should be neutralized, after removing the shrouds, with a solution of one pound of bicarbonate of soda in one gallon of water. Make sure vent caps are securely in place to prevent any solution from entering cells. After the battery has been neutralized, rinse thoroughly with clear water, dry and then reinstall the cleaned shrouds. 6. The cables and connlcton should be Inspected monthly for exposed copper wires, fraying or cracked insulation, loose connections, or pitted contacts, and repaired as required. 7. Be especially careful to keep metallic Objects off the top of the battery, as any metal touching two or more connectors may cause a short circuit resulting in an arc or spark which could Ignite battery aasses explosively. 8. The output ratl of thl charger should be checked periodically. The starting rate should correspond to the starting rate shown on the charger nameplate. The following chart shows the ampere hour capacity at the six-hour rate, as well as the recommended finish rate for every cell size in the "MAX POWR" line manufactured by East Penn Manufacturing Co., Inc. TYPE PlATES PER CELL 5 7 9 11 13 15 17 19 21 Z3 25 27 21 31 33 P38 6 HR. A.H. RATING 76 114 152 190 228 266 304 342 380 418 456 494 532 570 608 FINISH RATE-AMPS 4 6 8 10 11 13 15 17 19 21 23 25 27 28 30 P49 6 HR. A.H. RATING 98 147 196 245 294 343 392 441 490 539 588 637 686 735 784 FINISH RATE-AMPS 5 7 10 12 15 17 20 22 24 27 29 32 34 37 39 P60 6 HR. A.H. RATING 120 180 240 300 360 420 480 540 600 660 720 780 840 900 960 FINISH RATE-AMPS 6 9 12 15 18 21 24 27 30 33 36 39 42 45 48 P71 6 HR. A.H. RATING 142 213 284 355 426 497 568 639 710 781 852 923 994 1065 1136 FINISH RATE-AMPS 7 11 14 18 21 25 28 32 36 39 43 46 50 53 57 P82 6 HR. A.H. RATING 164 246 328 410 492 574 656 738 820 902 984 1066 1148 1230 1312 FINISH RATE-AMPS 8 12 16 20 25 29 33 37 41 45 49 53 57 62 66 P93 6 HR. A.H. RATING 186 279 372 465 558 651 744 837 930 1023 1116 1209 1302 1395 1488 FINISH RATE-AMPS 9 14 19 23 28 33 37 42 46 51 56 60 65 70 74 P99 6 HR. A.H. RATING 198 297 396 495 594 693 792 891 990 1089 1188 1287 1386 1485 1584 FINISH RATE-AMPS 10 15 20 25 30 35 40 45 50 54 59 64 69 74 79 Pl10 6 HR. A.H. RATING 220 330 440 550 660 770 880 990 1100 1210 1320 1430 1540 1650 1760 FINISH RATE-AMPS 11 16 22 28 33 38 44 50 55 60 66 72 77 82 88 P121 6 HR. A.H. RATING 242 363 484 605 726 847 968 1089 1210 1331 1452 1573 1694 1815 1936 FINISH RATE-AMPS 12 18 24 30 36 42 48 54 60 67 73 79 85 91 97 P137 6 HR. A.H. RATING 274 411 548 685 822 959 1096 1233 1370 1507 1644 1781 1918 2055 2192 FINISH RATE-AMPS 14 21 27 34 41 48 55 62 68 75 82 89 96 103 110 P165 6 HR. A.H. RATING 660 825 990 1155 1320 1485 1650 FINISH RATE-AMPS 33 41 50 58 66 74 82 P170 6 HR. A.H. RATING 680 850 1020 1190 1360 1530 1700 FINISH RATE-AMPS 34 42 51 60 68 76 85 E.P.M. Fonn No. 0608 Rev. 4/95 o 1995 EPM Prlnled In U.S.A. () rA""1~ ~~\ RECYCLE The "Max Powr" line from Deka can deliver up to 10% more amp-hours in the same size battery. This additional capacity means more work per shift when compared to other batteries of the same size. East Penn engineers have achieved this added capacity by optimizing active material efficiencies, balancing positive to negative plate ratios, and increasing the electrolyte concentration in order to provide the MAXimum POWeR per pound in a motive power battery. The "Max Powr" battery is available in a full range of sizes-from 6 through 36 cells up to 1700 amp-hours. MADE IN U.S.A. Compare these features which are standard on every Deka Battery... II Superior non-porous grids are designed for maximum current-carrying capacity throughout long service life. These grids are precision cast form a lead alloy which is specially formulated and produced exclusively for motive power application. The grids are pasted with computer- controlled active material to deliver consistent reliable performance year after year. All phases of plate production are monitored and con- trolled to insure that each step meets rigid quality control specifications. II Humidity plate curing of both the positive and negative plates in temperature/humidity- controlled curing ovens insures optimum plate curing regardless of external environmental conditions. This results in consistently superior performance and reliability. . Exclusive open tank formation allows us to closely monitor and carefully control the plate during the most important charge it will receive in its battery life - the formation charge. Open tank formation provides for precision tempera- ture control on all tanks in the circuit during this critical phase of capacity development, thus insuring maximum performance from every plate in terms of amp-hour capacity and cycle life. When cells have been formation- charged in batteries, the temperature may vary based on the number of plates per cell, the number of cells, and cell location in the battery. In comparison, open tank formation provides uniform plate development which translates into uniform performance of each cell in the battery throughout cycle life. This method is the only one which allows 100% inspection of each plate after this most critical phase of capacity development prior to assembly into a cell. e No other industrial battery manufacturer can claim these and other features, plus insure the highest quality material and workmanship backed by superior engineering technology. All this makes the Deka name synonymous with quality in the production of precision- built batteries which are second to none. Dr EAST PEN' mllnult1t:111rinl} co.. illl:. Lyon Station, PA 19536-0147 Phone: (610) 682-6361 Fax: (610) 682-4781 Order Department Hotline: (610) 682-4231 E.P.M. Form No. 0602 Rev. 3/95 , . , ' ~ ;;~:: ~~" . /{f,,,, "Ii" ~ t '~~': ;,:,'0":>,,: ,.-,__:_~::;_",'.:,--'--. -" ' -',': ,..._,....."--.', . ," . >, " e~OWRTM BATTERIES FIVE QUESTIONS MOST ASKED ABOUT HIGH-GRAVITY BATTERIES 1. How does raising the specific gravity improve the amp-hour per cube? The amp-hour capacity that can be obtained from a battery of a given size is determined by the amount of positive and negative plate active material, in proper balance, that reacts with the electrolyte during the discharge. By increasing the concentra- tion of sulfuric acid, you can maximize active material utiliza- tion without increasing the overall dimensions of the cube. 2. Does raising the specific gravity have an adverse effect on cycle life? Yes, however there are many other factors that have the same effect on battery life. One of these is overdischarging. If your battery power demand is such that conventional batteries are overdischarged in order to perform a full shift operation, then the added capacity achieved by higher specific gravity batteries may indeed attain full shift performance with no sacrifice in cycle life. 3. Is special maintenance required for the "Max Powr" line? The basic maintenance procedures required for good preven- tative maintenance on standard batteries, such as scheduled watering, cleaning and equalizing charges, are sufficient to keep the "Max Powr" battery performing satisfactorily. 4. Willi require a special charger for my "Max Powr" batteries? In some applications, your present charger may not have sufficient output to return a high gravity battery to its fully charged state in the time required. It may be possible to adjust your charger in order to achieve a satisfactory recharge. Your East Penn representative can advise you as to whether your present charger is compatible to the "Max Powr" battery or recommend the proper battery/charger package best suited to your application. 5. Is a high-gravity battery right for my needs? First, you must determine the work load the battery is ex- pected to handle. It is designed for those applications re- quiring added power to perform a full shift. Obviously, the "Max Powr" battery may not be right for all applications, but if your work schedule requires that extra 1 0% to perform a full shift operation, consult your Deka representative. He will be glad to assist you in determining if a "Max Powr" battery is right for your needs. .'l!I'llt~:>.;!'<;':.F"T.:n':1"'>'%_~;' :F,:."'.' "'-,!:.~-_ ',' ,,;,:.'" -:'.: ":;~ ."'C. :-:::-;<-- ,.' :'- ',,-.-~. -,~.- DISTRIBUTED BY: @1995EPM Printed in USA CITY OF MIAMI BEACH 1700 CONVENTION CENTER DRIVE, MIAMI BEACH, FLORIDA 33139 hllp:\\ci.miami-beach .f1.us PROCUREMENT DIVISION Telephone (305) 673.7490 Facsimile (305) 673.7851 INVITATION TO BID NO. 48-02/03 ADDENDUM NO.1 June 19, 2003 PURCHASE AND DELIVERY OF FOUR (4) SET OF INDUSTRIAL BATTERIES FOR THE ELECTROW A VE SHUTTLE BUSES has been amended as follows: Page 24 of Section 3.0, Minimum Specifications. The weight specification of Deka Max Power 81P71-7 weight should read estimated tray of 3400 pounds and not 3700 as stated in the Bid package. Proposers are required to meet the revised specification as stated above to be deemed responsive. CITY OF MIAMI BEACH , ~':>~,./"'~/ ,/. ;.<~_.---- i Gus Lopez, CPPO Procurement Director Je CITY OF MIAMI BEACH m 1700 CONVENTION CENTER DRIVE, MIAMI BEACH, FLORIDA 33139 http:\\ci.mlaml-beach.fl.us PROCUREMENT DIVISION Telephone (305) 673-7490 Facsimile (305) 673.7851 PUBLIC NOTICE INVITATION TO BID NO. 48-02/03 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 27TH day of June 2003 for: PURCHASE AND DELIVERY OF FOUR (4) SETS OF INDUSTRIAL BATTERIES FOR THE ELECTROW A VE SHUTTLE BUSES. Description: City of Miami Beach is hereby requesting bids for the purchase and delivery of four (4) sets of East PennlDEKA Industrial Batteries, Type (2) Deka 81P71-7 Max Power EZ Link, 162 Volt, 213 Amp Hour or approved equal. At time, date, and place above, bids will be publicly opened. Any bids or proposals received after time and date specified will be returned to the bidder unopened. The responsibility for submitting a bid/proposal before the stated time and date is solely and strictly the responsibility of the bidder/proposer. The City is not responsible for delays caused by mail, courier service, including U.S. Mail, or any other occurrence. Bid Guarantv: N/ A The City of Miami Beach has contracted with BidNet and has begun utilizing a new central bid notification system created exclusively for state and local agencies located in South Florida. Created in conjunction with BidNet, this new South Florida Purchasing system has replaced the DemandStar system and allow vendors to register online and receive notification of new bids, amendments and awards. Vendors with Internet access should review the registration options at the following website: <http://www.govbids.com/scripts/southflorida/public/home1.asp. If you do not have Internet access, please call the BidNet(r) support group at 800-677-1997 extension # 214. 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. BID NO: No. 48-02/03 DATE: 06110/03 CITY OF MIAMI BEACH 2 YOU ARE HEREBY ADVISED THAT THIS INVITATION TO BID IS SUBJECT TO THE "CONE OF SILENCE, " IN ACCORDANCE WITH ORDINANCE NO. 2002-3378. A COpy OF ALL WRITTEN COMMUNICA TION(S) REGARDING THIS BID MUST BE FILED WITH THE CITY CLERK. YOU ARE HEREBY ADVISED THAT THIS INVITATION TO BID IS SUBJECT TO THE "CODE OF BUSINESS ETHICS" ("CODE"), IN ACCORDANCE WITH RESOLUTION NO. 2000-23879. YOU ARE HEREBY ADVISED THAT THIS REQUEST FOR BID IS SUBJECT TO THE CAMPAIGN CONTRIBUTIONS BY VENDORS ORDINANCE NO. 2003-3389. YOU ARE HEREBY ADVISED THAT THIS INVITATION TO BID IS SUBJECT TO THE CITY OF MIAMI BEACH DEBARMENT ORDINANCE NO. 2000-3234. YOU ARE HEREBY ADVISED THAT THIS INVITATION TO BID IS SUBJECT TO THE BID SOLICITATION PROTEST ORDINANCE NO. 2002-3344. YOU ARE HEREBY ADVISED THAT THIS INVITATION TO BID IS SUBJECT TO THE CITY OF MIAMI BEACH LOBBYIST FEES DISCLOSURE ORDINANCE NO. 2002-3363. CITY OF MIAMI BEACH ,.' ..-~. ....~ .///,. .~-_... -;. ..' '. Gus Lopez, CPPO Procurement Director BID NO: No. 48-02/03 DATE: 06/10/03 CITY OF MIAMI BEACH 3 CITY OF MIAMI BEACH 1700 CONVENTION CENTER DRIVE, MIAMI BEACH, FLORIDA 33139 hltp:\\cLmiami-beach. fl.us PROCUREMENT DIVISION Telephone (305) 673-7490 Facsimile (305) 673-7851 I NOTICE TO PROSPECTIVE BIDDERS NO BID If not submitting a bid at this time, please detach this sheet from the bid documents, complete the information requested, and return to the address listed above. NO BID SUBMITTED FOR REASON(S) CHECKED AND/OR INDICA TED: _Our company does not handle this type of product/service. _We cannot meet the specifications nor provide an alternate equal product. _Our company is simply not interested in bidding at this time. _Due to prior commitments, I was unable to attend 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 !tl: this completed form, may result in your company being removed from the City's bid list. BID NO: No. 48-02/03 DATE: 06110/03 CITY OF MIAMI BEACH 4 PURCHASE AND DELIVERY OF FOUR (4) SETS OF INDUSTRIAL BATTERIES FOR THE ELECTROW A VE SHUTTLE BUSES BID #48-02/03 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 form, signed by bidders and attached to the bid. 1.3 NO BID: If not submitting a bid, respond by returning the enclosed bid form questionnaire, and explain the reason. Repeated failure to bid without sufficient justification shall be cause for removal of a supplier's name from the bid mailing list. 1.4 PRICES QUOTED: Deduct trade discounts and quote firm net prices. Give both unit price and extended total, when requested. Prices must be stated in units of quantity specified in the bidding specifications. In case of discrepancy in computing the amount of the bid, the UNIT PRICE quoted will govern. All prices must be F.O.B. destination, freight prepaid (unless otherwise stated in special conditions). Discounts for prompt payment. Award, if made, will be in accordance with terms and conditions stated herein. Each item must be bid separately and no attempt is to be made to tie any item or items in with any other item or items. Cash or quantity discounts offered will not be a consideration in determination of award ofbid(s). 1.5 TAXES: The City of Miami Beach is exempt from all Federal Excise and State taxes. State Sales Tax and Use Certificate Number is 04-00097-09-23. BID NO: No. 48-02/03 DA TE: 06/10/03 CITY OF MIAMI BEACH 5 PURCHASE AND DELIVERY OF FOUR (4) SETS OF INDUSTRIAL BATTERIES FOR THE ELECTROW A VE SHUTTLE BUSES BID #48-02/03 1.6 MISTAKES: Bidders are expected to examine the specifications, delivery schedules, bid prices and extensions and all instructions pertaining to supplies and services. Failure to do so will be at the bidder's risk. 1.7 CONDITION AND PACKAGING: It is 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 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. 1.10 EQUIVALENTS: If bidder offers makes of equipment or brands of supplies other than those specified in the following, he must so indicate on his bid. Specific article(s) of equipment/supplies shall conform in quality, design and construction with all published claims of the manufacturer. Brand Names: Catalog numbers, manufacturers' and brand names, when listed, are informational guides as to a standard of acceptable product quality level only and should not be construed as an endorsement or a product limitation of recognized and legitimate manufacturers. Bidders shall formally substantiate and verify that product(s) offered conform with or exceed quality as listed in the specifications. Bidder shall indicate on the bid form the 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. BID NO: No. 48-02/03 DATE: 06/10/03 CITY OF MIAMI BEACH 6 PURCHASE AND DELIVERY OF FOUR (4) SETS OF INDUSTRIAL BATTERIES FOR THE ELECTROW A VE SHUTTLE BUSES BID #48-02/03 1.11 (NOT USED) 1.12 (NOT USED) 1.13 NON-CONFORMANCE TO CONTRACT CONDITIONS: Items may be tested for compliance with specifications. Item delivered, not conforming to specifications, may be rejected and returned at vendor's expense. These items and items not delivered as per delivery date in bid and/or purchase order may be purchased on the open market. Any increase in cost may be charged against the bidder. Any violation of these stipulations may also result in: A) Vendor's name being removed from the vendor list. B) All departments being advised not to do business with vendor. 1.14 SAMPLES: Samples of items, when required, must be furnished free of expense and, if not destroyed, will, upon request, be returned at the bidder's expense. Bidders will be responsible for the removal of all samples furnished within (30) days after bid opening. All samples will be disposed of after thirty (30) days. Each individual sample must be labeled with bidder's name. Failure of bidder to either deliver required samples or to clearly identify samples may be reason for rejection of the bid. Unless otherwise indicated, samples should be delivered to the Procurement Division, 1700 Convention Center Drive, Miami Beach, FL 33139. 1.15 DELIVERY: Unless actual date of delivery is specified (or if specified delivery cannot be met), show number of days (in calendar days) required to make delivery after receipt of purchase order, in space provided. Delivery time may become a basis for making an award. Delivery shall be within the normal working hours of the user, Monday through Friday, excluding holidays. 1.16 INTERPRETATIONS: Unless otherwise stated in the bid, any questions concerning conditions and specifications should be submitted in writing to the Procurement Director, 1700 Convention Center Drive, Miami Beach, FL 33139. Fax (305) 673-7851. 1.17 (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. BID NO: No. 48-02/03 DATE: 06110/03 CITY OF MIAMI BEACH 7 PURCHASE AND DELIVERY OF FOUR (4) SETS OF INDUSTRIAL BATTERIES FOR THE ELECTROW AVE SHUTTLE BUSES BID #48-02/03 1.20 INSPECTION, ACCEPTANCE & TITLE: Inspection and acceptance will be at destination unless otherwise provided. Title t%r 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. Ifthe 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. 1.21 PAYMENT: Payment will be made by the City after the items awarded to a vendor have been received, inspected, and found to comply with award specifications, free of damage or defect and properly invoiced. 1.22 DISPUTES: In case of any doubt or difference of opinion as to the items to be furnished hereunder, the decision of the City shall be final and binding on both parties. 1.23 LEGAL REQUIREMENTS: Federal, State, county and city laws, ordinances, 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. BID NO: No. 48-02/03 DATE: 06/10/03 CITY OF MIAMI BEACH 8 PURCHASE AND DELIVERY OF FOUR (4) SETS OF INDUSTRIAL BATTERIES FOR THE ELECTROWAVE SHUTTLE BUSES BID #48-02/03 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. 1.30 AMERICAN WITH DISABILITIES ACT: Call (305) 673-7490NOICE to request material in accessible format; sign language interpreters (five days in advance when possible), or information on access for persons with disabilities. For more information on ADA compliance please call Heidi Johnson Wright, Public Works Department, at 305.673.7080. 1.31 QUALITY: All materials used for the manufacture or construction of any supplies, materials or equipment covered by this bid shall be new. The items bid must be new, the latest model, of the best quality, and highest grade workmanship. 1.32 (NOT USED) 1.33 LIABILITY, INSURANCE, LICENSES AND PERMITS: Where bidders are required to enter or go onto City of Miami Beach property to deliver materials or perform work or services as a result 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. 1.34 BID GUARANTY: N/A 1.35 DEFAULT: Failure or refusal of a bidder to execute a contract upon award, or withdrawal of a bid before such award is made, may result in forfeiture of that 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 BID NO: No. 48-02/03 DATE: 06/10/03 CITY OF MIAMI BEACH 9 PURCHASE AND DELIVERY OF FOUR (4) SETS OF INDUSTRIAL BATTERIES FOR THE ELECTROW A VE SHUTTLE BUSES BID #48-02/03 1.36 CANCELLATION: In the event any of the provisions of this bid are violated by the contractor, the Procurement Director shall give written notice to the contractor stating the deficiencies and unless deficiencies are corrected within ten (10) days, recommendation will be made to the City Commission for immediate cancellation. The City Commission of Miami Beach, Florida reserves the right to 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. 1.37 BILLING INSTRUCTIONS: Invoices, unless otherwise indicated, must show purchase order numbers and shall be submitted in DUPLICATE to the City of Miami Beach, Accounts Payables Department, 1700 Convention Center Drive, Miami Beach, Florida 33139. 1.38 (NOT USED) 1.39 (NOT USED) 1.40 NOTE TO VENDORS DELIVERING TO THE CITY OF MIAMI BEACH: Receiving hours are Monday through Friday, excluding holidays, from 8:30 A.M. to 5:00 P.M. 1.41 SUBSTITUTIONS: The City of Miami Beach, Florida WILL NOT accept substitute shipments of any kind. Bidder(s) is expected to furnish the brand quoted in their bid once awarded. Any substitute shipments will be 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) BID NO: No. 48-02/03 DATE: 06110/03 CITY OF MIAMI BEACH 10 PURCHASE AND DELIVERY OF FOUR (4) SETS OF INDUSTRIAL BATTERIES FOR THE ELECTROW AVE SHUTTLE BUSES BID #48-02/03 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. 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. 1.47 DEMONSTRATION OF COMPETENCY: I) 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. BID NO: No. 48-02/03 DATE: 06110/03 CITY OF MIAMI BEACH 11 PURCHASE AND DELIVERY OF FOUR (4) SETS OF INDUSTRIAL BATTERIES FOR THE ELECTROW A VE SHUTTLE BUSES BID #48-02/03 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 ofthe products to be supplies to the City through the designated representative. Any conflicts between this material information provided by the source of supply and the information contained in the Bidder's Proposal may render the Bid non-responsive. 4) The City may, during the period that the Contract between the City and the successful Bidder is in force, review the successful Bidder's record of performance to insure that the Bidder is continuing to provide sufficient financial support, equipment and organization as prescribed in this Solicitation. Irrespective of the Bidder's performance on contracts awarded to it by the City, the City may place said contracts on probationary status and implement termination procedures if the City determines that the successful Bidder no longer possesses the financial support, equipment and organization which would have been necessary during the Bid evaluation period in order to comply with this demonstration of competency section. 1.48 DETERMINATION OF AWARD The City Commission shall award the contract to the lowest and best bidder. In determining the lowest and best bidder, in addition to price, there shall be considered the following: a. The ability, capacity and skill of the bidder to perform the Contract. b. Whether the bidder can perform the Contract within the time specified, without delay or interference. c. The character, integrity, reputation, judgement, experience and efficiency of the bidder. d. The quality of performance of previous contracts. e. The previous and existing compliance by the bidder with laws and ordinances relating to the Contract. 1.49 ASSIGNMENT: The contractor shall not assign, transfer, convey, sublet or otherwise dispose of this contract, including any or all of its right, title or interest therein, or his or its power to execute such contract to any person, company or corporation without prior written consent ofthe City of Miami Beach. 1.50 LAWS, PERMITS AND REGULATIONS: The bidder shall obtain and pay for all licenses, permits and inspection fees required for this project; and shall comply with all laws, ordinances, regulations and building code requirements applicable to the work contemplated herein. BID NO: No. 48-02/03 DATE: 06/10/03 CITY OF MIAMI BEACH 12 PURCHASE AND DELIVERY OF FOUR (4) SETS OF INDUSTRIAL BATTERIES FOR THE ELECTROW A VE SHUTTLE BUSES BID #48-02/03 1.51 OPTIONAL CONTRACT USAGE: As provided in Section 287.042 (17), Florida Statutes, other State agencies may purchase from the resulting contract, provided the Department of Management Services, Division of Procurement, has certified its use to be cost effective and in the best interest of the State. Contractors have the option of selling these commodities or services certified by the Division to the other State agencies at the agencies option. 1.52 SPOT MARKET PURCHASES: It is the intent of the City to purchase the items specifically listed in this bid from the awarded vendor. However, items that are to be ASpot Market Purchased:: may be purchased by other methods, i.e. Federal, State or local contracts. 1.53 ELIMINATION FROM CONSIDERATION This bid solicitation shall not be awarded to any person or firm which is in arrears to the City upon any debt, taxes or contracts which are defaulted as surety or otherwise upon any obligation to the City. 1.54 WAIVER OF INFORMALITIES The City reserves the right to waive any informalities or irregularities in this bid solicitation. 1.55 ESTIMATED QUANTITIES Estimated quantities or estimated dollars, if provided, are for City guidance only. No guarantee is expressed or implied as to quantities or dollars that will be used during the contract period. The City is not obligated to place any order for a given amount subsequent to the award of this bid solicitation. Estimates are based upon the City's actual needs and/or usage during a previous contract period. The City for purposes of determining the low bidder meeting specifications may use said estimates. 1.56 COLLUSION Bids from related parties. Where two (2) or more related parties each submit a bid or proposal for any contract, such bids or proposals shall be presumed to be collusive. The foregoing presumption may be rebutted by presentation of evidence as to the extent of ownership, control and management of such related parties in the preparation and submittal of such bids or proposals. Related parties mean bidders or proposers or the principals thereof which have a direct or indirect ownership interest in another bidder or proposer for the same contract or in which a parent company or the principals thereof of one (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. BID NO: No. 48-02/03 DATE: 06/10/03 CITY OF MIAMI BEACH 13 PURCHASE AND DELIVERY OF FOUR (4) SETS OF INDUSTRIAL BATTERIES FOR THE ELECTROW A VE SHUTTLE BUSES BID #48-02/03 Bidders or Proposers who have been found to have engaged in collusion may be considered non-responsible, and may be suspended or debarred, and any contract resulting from collusive bidding may be terminated for default. 1.57 DISPUTES In the event of a conflict between the documents, the order of priority ofthe documents shall be as follows: . Any agreement resulting from the award of this Bid (if applicable); then . Addenda released for this Bid, with the latest Addendum taking precedence; then . The Bid; then . Awardee's Bid. 1.58 REASONABLE ACCOMMODATION In accordance with the Title II of the Americans with Disabilities Act, any person requiring an accommodation at the RFP opening because of a disability must contact Heidi Johnson Wright at the Public Works Department at (305) 673-7080. 1.59 GRATUITIES Proposers shall not offer any gratuities, favors, or anything of monetary value to any official, employee, or agent of the City, for the purpose of influencing consideration ofthis proposal. 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 ofthe City of Miami Beach, Florida and in case of default on the part of successful bidder or contractor, after such acceptance, the City may procure the items or services from other sources and hold the bidder or contractor responsible for any excess cost occasioned or incurred thereby. Additionally, the City may take such action. 1.61 BID CLARIFICATION: Any questions or clarifications concerning this Invitation to Bid shall be submitted in writing by mail or facsimile to the Procurement Department, 1700 Convention Center Drive, Miami Beach, FL 33139 FAX: (305) 673-7851. The bid title/number shall be referenced on all correspondence. All questions must be received no later than ten (10) calendar days prior to the scheduled bid opening date. All responses to questions/clarifications will be sent to all prospective bidders in the form of an addendum. NO QUESTIONS WILL BE RECEIVED VERBALLY OR AFTER SAID DEADLINE. BID NO: No. 48-02/03 DATE: 06/10/03 CITY OF MIAMI BEACH 14 PURCHASE AND DELIVERY OF FOUR (4) SETS OF INDUSTRIAL BATTERIES FOR THE ELECTROW A VE SHUTTLE BUSES BID #48-02/03 1.62 TIE BIDS: Please be advised that in accordance with Florida Statues Section 287.087, regarding identical tie bids, preference will be given to vendors certifying that they have implemented a drug free work place program. A certification form will be required at that time. 1.63 PUBLIC ENTITY CRIMES (PEC): A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crimes may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, sub- contractor, or consultant under a contract with a public entity, and may not transact business with any public entity in excess of the threshold amount provided in Sec. 287.017, for CATEGORY TWO for a period of36 months from the date of being placed on the convicted vendor list. 1.64 DETERMINATION OF RESPONSIVENESS: Determination of responsiveness taken place at the time of bid opening and evaluation. In order to be deemed a responsive bidder, your bid must conform in all material respects to the requirements stated in their Bid. 1.65 DELIVERY TIME: Vendors shall specify on the attached Bid Form, the guaranteed delivery time (in calendar days) for each item. It must be a firm delivery time, no ranges will be accepted, i.e.; 12-14 days. 1.66 CONE OF SILENCE This invitation to bid is subject to the "Cone of Silence" in accordance with Ordinance No. 2002-3378. A copy of all written communication(s) regarding this bid must be filed with the city clerk. 1.67 INSURANCE AND INDEMNIFICATION: (See Check List for applicability to this contract) The contractor shall be responsible for his work and every part thereof, and for all materials, tools, appliances and property of every description, used in connection with this particular project. He shall specifically and distinctly assume, and does so assume, all risks of damage or injury to property or persons used or employed on or in connection with the work and of all damage or injury to any person or property wherever located, resulting from any action or operation under the contract or in connection with the work. It is understood and agreed that at all times the contractor is acting as an independent contractor. BID NO: No. 48-02/03 DATE: 06110/03 CITY OF MIAMI BEACH 15 PURCHASE AND DELIVERY OF FOUR (4) SETS OF INDUSTRIAL BATTERIES FOR THE ELECTROW A VE SHUTTLE BUSES BID #48-02/03 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. 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. BID NO: No. 48-02/03 DATE: 06/10/03 CITY OF MIAMI BEACH 16 PURCHASE AND DELIVERY OF FOUR (4) SETS OF INDUSTRIAL BATTERIES FOR THE ELECTROWAVE SHUTTLE BUSES BID #48-02/03 All policies issued to cover the insurance requirements herein shall provide full coverage from the first dollar of exposure. No deductibles will be allowed in any policies issued on this contract unless specific safeguards have been established to assure an adequate fund for payment of deductibles by the insured and approved by the City's Risk Manager. The liability insurance coverage shall extend to and include the following contractual indemnity and hold harmless agreement: "The contractor hereby agrees to indemnify and hold harmless the City of Miami Beach, a municipal corporation, its officers, agents, and employees from all claims for bodily injuries to the public in and up to the amount of $ 1,000,000.00 for each occurrence and and for all damages to the property of others in and up to the amount of $1,000,000.00 for each occurrence per the insurance requirement under the specifications including costs of investigation, all expenses of litigation, including reasonable attorney fees and the cost of appeals arising out of any such claims or suits because of any and all acts of omission or commission of any by the contractor, his agents, servants, or employees, or through the mere existence of the project under contract". The foregoing indemnity agreement shall apply to any and all claims and suits other than claims and suits arising out of the sole and exclusive negligence of the City of Miami Beach, its officers, agents, and employees, as determined by a court of competent jurisdiction. The contractor will notify his insurance agent without delay of the existence of the Hold Harmless Agreement contained within this contract, and furnish a copy of the Hold Harmless Agreement to the insurance agent and carrier. The contractor will obtain and maintain contractual liability insurance in adequate limits for the sole purpose of protecting the City of Miami Beach under the Hold Harmless Agreement from any and all claims arising out of this contractual operation. The contractor will secure and maintain policies of subcontractors. All policies shall be made available to the City upon demand. Compliance by the contractor and all subcontractors with the foregoing requirements as to carrying insurance and furnishing copies of the insurance policies shall not relieve the contractor and all subcontractors of their liabilities and obligations under any Section or Provisions of this contract. Contractor shall be as fully responsible to the City for the acts and omissions of the subcontractor and of persons employed by them as he is for acts and omissions of persons directly employed by him. BID NO: No. 48-02/03 DATE: 06/10/03 CITY OF MIAMI BEACH 17 PURCHASE AND DELIVERY OF FOUR (4) SETS OF INDUSTRIAL BATTERIES FOR THE ELECTROW AVE SHUTTLE BUSES BID #48-02/03 Insurance coverage required in these specifications shall be in force throughout the contract term. Should any awardee fail to provide acceptable evidence of current insurance within seven days of receipt of written notice at any time during the contract term, the City shall have the right to consider the contract breached and justifying the termination thereof. Ifbidder does not meet the insurance requirements of the specifications; alternate insurance coverage, satisfactory to the Risk Manager, may be considered. It is understood and agreed that the inclusion of more than one insured under these policies shall not restrict the coverage provided by these policies for one insured hereunder with respect to a liability claim or suit by another insured hereunder or an employee of such other insured and that with respect to claims against any insured hereunder, other insureds hereunder shall be considered members of the public; but the provisions of this Cross Liability clause shall apply only with respect to liability arising out of the ownership, maintenance, use, occupancy or repair of such portions of the premises insured hereunder as are not reserved for the exclusive use of occupancy of the insured against whom claim is made or suit is filed. BID NO: No. 48-02/03 DATE: 06/10/03 CITY OF MIAMI BEACH 18 XXXI. XXX 2. XXXJ. XXX 5. XXX 7. XXX 8. XXX 9. INSURANCE CHECK LIST Workers' Compensation and Employer's Liability per the Statutory limits of the state of Florida. Comprehensive General Liability (occurrence form), limits of liability $ 1.000.000.00 per occurrence for bodily injury property damage to include Premises/ Operations; Products, Completed Operations and Contractual Liability. Contractual Liability and Contractual Indemnity (Hold harmless endorsement exactly as written in "insurance requirements" of specifications). Automobile Liability - $1,000,000 each occurrence - owned/non-owned/hired automobiles included. 4. Excess Liability - $ .00 per occurrence to follow the primary coverages. The City must be named as and additional insured on the liability policies; and it must be stated on the certificate. 6. Other Insurance as indicated: _ Builders Risk completed value ~ Liquor Liability _ Fire Legal Liability _ Protection and Indemnity _ Employee Dishonesty Bond Other $ $ $ $ $ $ .00 .00 .00 .00 .00 .00 Thirty (30) days written cancellation notice required. Best's guide rating B+:VI or better, latest edition. The certificate must state the bid number and title BIDDER AND INSURANCE AGENT STATEMENT: We understand the Insurance Requirements of these specifications and that evidence of this insurance may be required within five (5) days after bid opening. ------:A4<<-V< -e;/ ~ American Ba~tery Company Bidder Signature of Bidder BID NO: No. 48-02/03 DATE: 06/10/03 CITY OF MIAMI BEACH 19 /,-,;.~~ Client#. 17506 EASPE1 ACORDm CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DDIYYYY) OS/29/03 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Essick & Barr Insurance ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE PO Box 13219 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, Reading, PA 19612-3219 610-376-2907 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A: Twin City Fire Ins Co 29459 East Penn Manufacturing Co., Inc. INSURER B: Hartford Fire Insurance Company 19682 Oeka Road INSURER c: Nat'l Union Fire Ins Co 19445 PO Box 147 INSURER D: Hartford Ins Co of Midwest 37478 Lyon Station, PA 19536 INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING: ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. I PDD}~~Y EFFECTIVE P~~'f.r/f.,~~~N LTR NSRI TYPE OF INSURANCE POLICY NUMBER LIMITS A GENERAL LIABILITY 39CSEC73301 06/01/03 06/01/04 EACH OCCURRENCE $1 000 000 J-- ~ COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED $300 000 r--- P CLAIMS MADE ~ OCCUR MED EXP (Anyone person) $10000 X Broad Form PERSONAL & ADV INJURY $1 000000 Vendors GENERAL AGGREGATE $5 000 000 GEN'L AGGREnE LIMIT APPLIES P':R: PRODUCTS - COMP/OP AGG $2 000 000 ril POLICY ~~C?T n LOC B ~TOMOBILE LIABILITY 39CSEC73303 06/01/03 06/01/04 COMBINED SINGLE LIMIT 0 .!... ANY AUTO 39CSEC73304TX 06/01/03 06/01/04 (Ea accident) $1,000,000 , - ALL OWNED AUTOS Comp Oed - 5,000 BODIL Y INJURY $ SCHEDULED AUTOS Coli Oed-10,000 , (Per person) r-- r!- HIRED AUTOS Hired Car P. O. Included . BODILY INJURY $ .!.. NON-OWNED AUTOS (Peraccidenl) ~ Pollution Liab . PROPERTY DAMAGE $ X Trlr Interchg. (Per accident) =rAGE LIABILITY AUTO ONLY, EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ C tiJESSJUMBRELLA LIABILITY BE3205993 06/01/03 06/01/04 EACH OCCURRENCE $25 000 000 X OCCUR . D CLAIMS MADE AGGREGATE $25 000 000 $ @ DEDUCTIBLE $ X RETENTION $10000 $ 0 WORKERS COMPENSATION AND 39WNC73300 06/01/03 06/01/04 X I WC STATU- I IOJ~- EMPLOYERS' ~BILlTY E.L. EACH ACCIDENT $500 000 ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? E.L. DISEASE. EA EMPLOYEE $500 000 If yes, describe under E.L. DISEASE - POLICY LIMIT $500,000 SPECIAL PROVISIONS below OTHER DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS All Operations CERTIFICATE HOLDER American Battery & Alternator 3101 Davie Blvd.. Ft. Lauderdale, FL 33312 Your name and Bid' wil~ a~pear here_ CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE. THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL ....30.... DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR ACORD 25 (2001/08) 1 of 2 #M51280 ,.~~.~ ACORD CORPORATION 1988 PURCHASE AND DELIVERY OF FOUR (4) SETS OF INDUSTRIAL BATTERIES FOR THE ELECTROW A VE SHUTTLE BUSES BID #48-02/03 2.0 SPECIAL CONDITIONS 2.1 PURPOSE: Purchase and Delivery of four (4) sets of industrial batteries to continue the operation ofthe Electrowave Shuttle Busses within the City of Miami Beach. 2.2 TERM OF CONTRACT: N/ A 2.3 METHOD OF AWARD: Award of this contract will be made to the lowest responsive, responsible bidder whose bid will be most advantageous to the City of Miami Beach. 2.4 (NOT USED) 2.5 ADDITIONSIDELETIONS OF FACILITIES: N/A 2.6 PRICES SHALL BE FIXED AND FIRM FOR TERM OF CONTRACT: N/A 2.7 PRE-BID CONFERENCE/SITE INSPECTION: N/A 2.8 (NOT USED) 2.9 VENDOR APPLICATION The City of Miami Beach has contracted with BidNet and has begun utilizing a new central bid notification system created exclusively for state and local agencies located in South Florida. Created in conjunction with BidNet, this new South Florida Purchasing system has replaced the DemandStar system and allow vendors to register online and receive notification of new bids, amendments and awards. Vendors with Internet access should review the registration options at the following website: http://www.govbids.com/scripts/southflorida/public/home I.asp. If you do not have Internet access, please call the BidNet support group at 800-677-1997 extension # 214. 2.10 CONTACT PERSON: The contact person for this Invitation to Bid is John Ellis. The contact person may be reached by phone: 305.673.7490; fax: 305.673.7851; or e-mail: iohnellis@miamibeachfl.qov Communications between a proposer, bidder, lobbyist or consultant and Procurement Staff is limited to matters of process or procedure. BID NO: No. 48-02/03 DATE: 06/10/03 CITY OF MIAMI BEACH 20 PURCHASE AND DELIVERY OF FOUR (4) SETS OF INDUSTRIAL BATTERIES FOR THE ELECTROW A VE SHUTTLE BUSES BID #48-02/03 Requests for additional information or clarifications must be made in writing to the contact person, with a copy to the City Clerk, no later than ten (10) calendar days prior to the scheduled Bid opening date. The City will issue replies to inquiries and any other corrections or amendments it deems necessary in written addenda issued prior to the deadline for responding to the Bid. Bidders should not rely on representations, statements, or explanations other than those made in this Bid or in any written addendum to this Bid. Bidders should verify with the Procurement Division prior to submitting a proposal that all addenda have been received. YOU MUST FAMILIARIZE YOURSELF WITH GENERAL CONDITION 1.66, ENTITLED CONE OF SILENCE, WHICH SETS FORTH THE POLICIES AND PROCEDURES RELATIVE TO ORAL AND WRITTEN COMMUNICATIONS. 2.11 SAMPLES: N/A 2.12 (NOT USED) 2.13 LIQUIDATED DAMAGES: The Bidder agrees to pay the Owner liquidated damages in the amount of $100.00 per calendar day beyond the 35 CALENDAR DAYS after the successful bidders' receipt of order (ARO). 2.14 DISCOUNTS: N/A 2.15 ESTIMATED QUANTITIES: N/A 2.16 HOURLY RATE: N/A 2.17 WARRANTY: The successful bidder will be required to provide a 36 Month Pro Rated Warranty with 1- year free cell replacement/repair guarantee for manufacturing defect batteries. Warranty shall be described in detail on the attached Bid Form. 2.18 PRODUCT/CATALOG INFORMATION All bidders upon request shall submit product information on the product they propose to furnish or their bid may be consider non-responsive. BID NO: No. 48-02/03 DA TE: 06110/03 CITY OF MIAMI BEACH 21 PURCHASE AND DELIVERY OF FOUR (4) SETS OF INDUSTRIAL BATTERIES FOR THE ELECTROW A VE SHUTTLE BUSES BID #48-02/03 2.19 REFERENCES (BIDDERS SHALL PROVIDE A MINIMUM OF 4 REFERENCES/CUSTOMERS THAT HAVE PROVIDED SIMILAR INDUSTRIAL BATTERIES AND/OR HAVE PROVIDED INDUSTRIAL BATTERIES FOR ELECTROW A VE SHUTTLE BUSSES OR SIMILAR MODES OF TRANSPORTATION AS SPECIFIED IN THESE BID DOCUMENTS, IN THE CUSTOMER REFERENCE FORM ON PAGE 29) 2.20 COMPLETE PROJECT REQUIRED: The scope of these specifications is to insure the delivery of complete units, ready for operation. Omission of any essential detail from these specifications does not relieve the supplier from furnishing a complete working unit to the satisfaction of the City of Miami Beach. Workmanship of units will be inspected and approved by the City of Miami Beach designated representative. 2.21 FACILITY LOCATION: N/A 2.22 BIDDER QUALIFICATIONS: In order for bids to be considered, bidders must submit with their bid, evidence that they are qualified to satisfactorily perform the specified work. Evidence shall include all information necessary to certify that the bidder: maintains a permanent place of business; has technical knowledge and practical experience in the type of equipment included in this scope of work; has available the organization and qualified manpower to do the work; has adequate financial status to meet the financial obligations incident to the work; has not had just or proper claims pending against him or his work; and has SOLD/PROVIDED Industrial batteries for Electrowave/Shuttle Busses similar to busses currently in the City of Miami Beach Fleet. The evidence will consist of listing of work that has been provided to public and private sector clients, i.e. nature of WORK within the last three (3) years. 2.23 LATE BIDS: At time, date, and place above, bids will be publicly opened. Any bids or proposals received after time and date specified will be returned to the bidder unopened. The responsibility for submitting a bid/proposal before the stated time and date is solely and strictly the responsibility ofthe bidder/proposer. The City is not responsible for delays caused by mail, courier service, including U.S. Mail, or any other occurrence. BID NO: No. 48-02/03 DATE: 06110/03 CITY OF MIAMI BEACH 22 PURCHASE AND DELIVERY OF FOUR (4) SETS OF INDUSTRIAL BATTERIES FOR THE ELECTROW A VE SHUTTLE BUSES BID #48-02/03 2.24 EXCEPTIONS TO SPECIFICATIONS: Exceptions to the specifications shall be listed on the Bid Form and shall reference the section. Any exceptions to the General or Special Conditions shall be cause for the bid to be considered non-responsive. 2.25 COMPLETE INFORMATION REQUIRED ON BID FORM: All bids must be submitted on the attached Bid Form and all blanks filled in. To be considered a valid bid, the ORIGINAL AND ONE COpy of the Bid Form pages and all required submittal information must be returned, properly completed, in a sealed envelope as outlined in the first paragraph of General Conditions. 2.26 MAINTENANCE AGREEMENT:N/A 2.27 EQUAL PRODUCT: Manufacturer's name, brand name and model number are used in these specifications for the purpose of establishing minimum requirement oflevel of quality, standards of performance and design required and is in no way intended to prohibit the bidding of other manufacturer's items of equal material, unless otherwise indicated. Equal (substitution) may be bid, provided product so bid is found to be equal in quality, standards of performance, design, etc. to item specified, unless otherwise indicated. Where equal is proposed, bid must be accompanied by complete factory information sheets (specifications, brochures, etc.) and test results of unit bid as equal. BID NO: No. 48-02/03 DATE: 06110/03 CITY OF MIAMI BEACH 23 PURCHASE AND DELIVERY OF FOUR (4) SETS OF INDUSTRIAL BATTERIES FOR THE ELECTROW A VE SHUTTLE BUSES 3.0 MINIMUM SPECIFICATIONS BID #48-02/03 Battery Specifications: . Mfg: East Penn Manufacturing Co. (DEKA) . Type: (2) Deka 81P71-7 Max Power EZ Link . Capacity: 213 Amp Hour . Cells: 162 . Voltage: 324 . Layout: (2) Steel epoxy coated trays of 81 cells each. . Tray Dimensions: 563/8" x 257/16" x 20" . Estimated Weight: 3700 lb. per tray, 7400 lb total battery weight. . Connector: Anderson 6322Gl (SB-350 RED) . Delivery: within 35 calendar days after receipt of order (ARO). . Warranty: 36 Month Pro Rated Warranty with I-year free cell replacement/repair guarantee for manufacturing defect batteries. . NOTE: . NOTE: . NOTE: . NOTE: . NOTE: . NOTE: . NOTE: BID NO: No. 48-02/03 DATE: 06/10/03 Batteries shall be manufactured in compliance with American National Standards Institute and Underwriters Laboratories Standard Number ANSI/UL583. Batteries shall comply with Federal Specification Number W-B-133D. Batteries shall comply with Industrial Truck Association Recommended Practices. Lead active materials shall be manufactured/produced in the USA. Successful bidder shall have replacement service parts in inventory within ten (10) calendar days after delivery of the batteries. Successful bidder shall provide service support/response within 8 hours upon notification from the City of Miami Beach designated representative. Prospective bidders shall submit a bid that includes the costs of delivery and removal of scrap batteries on their (bidders) vehicles which are EP A certified to transport lead acid batteries, with complete documentation indicating their EP A ID/P AD # (number). CITY OF MIAMI BEACH 24 PURCHASE AND DELIVERY OF FOUR (4) SETS OF INDUSTRIAL BA TTERIES FOR THE ELECTROW A VE SHUTTLE BUSES BID #48-02/03 Bid Proposal Page 1 of 2 We submit our bid proposal for the supply and delivery of four (4) sets of industrial batteries for the Electrowave Shuttle Busses to the City of Miami Beach in accordance to the Bid specification, as follows: SHOULD THE CITY REQUIRE ADDITIONAL BATTERIES, OUR BID PRICE REMAINS FIRM UNTIL DECEMBER 31,2003. LINE ITEM OTY. UNIT PRICE TOTAL 1) Industrial Batteries (Electrowave Shuttle Busses) -L $10,500.00 $ 42,000.00 Manufacture: East Penn Manufacturer Model: 81Pl1-7 Deka Max Power Delivery Days (ARD) 45 ( CalendarDays) Warranty 1 Years (Section 2.17) (Submit copy of Warranty with this Bid Form) TOTAL ~~:~.DO R~ r~/()3 BID NO: No. 48-02/03 DATE: 06/10/03 CITY OF MIAMI BEACH 25 PURCHASE AND DELIVERY OF FOUR (4) SETS OF INDUSTRIAL BATTERIES FOR THE ELECTROW AVE SHUTTLE BUSES BID #48-02/03 Bid Proposal Page 2 of 2 PAYMENT TERMS: NET 30. If other, specify here ANY LETTERS, A TT ACHMENTS, OR ADDITIONAL INFORMA TION TO BE CONSIDERED PART OF THE BID MUST BE SUBMITTED IN DUPLICATE. SUBMITTED BY: Emilio Garcia COMPANY NAME: American Battery Company, Industrial Division SIGNED: ~~t'~ b/ ~ (I certify that I am authorized to execute this proposal and commit the bidding firm) Bidders must acknowledge receipt of addendum (if applicable). Addendum No.1: 6/19/2003 Insert Date Addendum No.2: Insert Date NAMErrITLE(print): Mark D. Hood, District Manager ADDRESS: 2801 S.W. 3RD. Avenue, Unit F-5 CITY/STATE: Ft. Lauderdale, FL ZIP: 33315 TELEPHONE NO: 954--522-2317 FACSIMILE NO: 954-522-3885 BID NO: No. 48-02/03 DATE: 06/10/03 CITY OF MIAMI BEACH 26 PURCHASE AND DELIVERY OF FOUR (4) SETS OF INDUSTRIAL BATTERIES FOR THE ELECTROWAVE SHUTTLE BUSES IN WITNESS WHEREOF, the partie have set their hands and seals the day and year first above written. F MIAMI BEACH ATTW6~ ~~ City Clerk CONTRACTOR MUST EXECUTE THIS CONTRACT AS INDICATED BELOW. USE CORPORATION OR NONCORPORA TION FORMAT, AS APPLICABLE. [If incorporated sign below.] CONTRACTOR A American Battery Company . (J)Iam~oratiOn) B~d~ (Signature) Mark D. Hood, District Manager (Print Name and Title) (Corporate Seal) American BATTERY 3101 Davie Blvd., F... L8uderdule. Florida 33312 U.S.A TEL. # 954-583-2470 FAX # 954-583-689f [If not incorporated sign below.] ~ day of August ,2003 . CONTRACTOR WITNESSES: (Name of Firm) By: (Signature) (Print Name and Title) _ day of ,20_. CITY REQUIRES FOUR (4) FULLY-EXECUTED CONT~OVEDASTO FOR DISTRIBUTION FORM & LANGUAGE & FOR EXECUTION BID NO. 48-02103 DATE: 06/10/03 CITY OF MIAMI BEACH 26A ~ gM Ie Date '..t/J:..:e"r<{::a'}X:>:::1j}:.m:::'e':'r::.":e"'a':n::;'1B.:.a:::ft'e?:~::""~.....:.o:::'I...n:::o:?u::"s:::::t..n":a?I.':.i[):"/V'::f'S'''f'.O?::n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third Avenue Unit F-5 Ft. Lauderdale, FL 33315 phone (954)522-2377 fax (954)522-3885 Email: emgarcia@americanbattery-deka.com July 8, 2003 Mr. John Ellis CITY OF MIAMI BEACH 140 Mac Arthur Causeway Miami Beach, FL 33139 John, This letter is in response to your fax received on July 7, 2003 where clarification is requested on 2 (two) points within your bid. 1. Our production department at corporate states normal delivery time for a non-stock tray such as this is 45 days. We will do everything in our power to manufacture and deliver within the 35 calendar day window, A.R.O. 2. Our warranty on these particular batteries is exactly as stated in item 2.17 of your bid. 36-month pro-rated warranty with I year free cell replacement/repair guarantee for manufacturing defect batteries. I hope this provides you with all the necessary information requested. Please contact me if! can be of further assistance to you. Best Regards, ~J1<L-.. C~ Emilio Garcia Account Manager .3. 7Oh::,Q CU:;;r/- "r .iJtvllc/(tP-.) h ~ a4J I/dkd ~o ovrwvrvl-o~ 4> /tJ_ VS/fCL' pel' ::.d- b;h12 ey.lerN CVY/ ;: .4 Cfl/ls,;).~ [r n , '- r O~ ~ CITY OF MIAMI BEACH PROCUREMENT DIVISION MIAMI BEACH FLORIDA lQ - - FAX TRANSMITTAL MEMO July 7, 2003 THIS TRANSMISSION INCLUDES THIS COVER SHEET PLUS 1 PAGE TO: Mr. Mark D. HoodJEmilio Garcia COMPANY: American Battery Company, Industrial Division FAX #: 954.522.3885 RE: Bid No. 48-02/03 - Purchase & Delivery of Four (4) Sets of Industrial Batteries for the Electrowave Shuttle Busses FROM: John Ellis - Asst. Procurement Director Telephone#: 305-673-7494 Fax#: 305-673-7851 E-Mail: johnellis@miamibeachfl.gov Mr. Hood: Please provide written clarification relative to the above mentioned Bid for the following: (1) Will you be able to deliver the four batteries within 35 Calendar Days after you receive the order (ARO) as described in Section 2.13 - Liquidated Damages on Page 21 ofthe Bid Documents? Please Explain. (2) Are you in fact providing us with the requested Warranty as described in Section 2.17- Warranty on Page 21 of the Bid Documents? Please Explain. Please provide this information no later than 5:00 PM tomorrow Tuesday July 8, 2003. Appreciate your assistance on this matter. Thank you, John Ellis Have a nice day! PURCHASE AND DELIVERY OF FOUR (4) SETS OF INDUSTRIAL BATTERIES FOR THE ELECTROWAVE SHUTTLE BUSES BID #48-02/03 BID CHECK LIST To ensure that your bid is submitted in conformance with the Contract Documents, please verify that the following items have been completed and submitted as required. X Original and one copy of bid (including all submittal information) General Conditions Section 1.1 Special Conditions Section 2.25 X Execution of Bid General Conditions Section 1.2 X Equivalents/Equal Product General Conditions Section 1.10 Special Conditions Section 2.27 Insurance and Indemnification (including Insurance Checklist) X General Conditions Section 1.67 Bid Guaranty/Performance Bond General Conditions Section 1.34 X Warranty Special Conditions Section 2.17 X Product/Catalog Information Special Conditions Section 2.18 X References Special Conditions Section 2.19 / Page 29 X Bidder Qualifications Special Conditions Section 2.22 X Exceptions to Specifications Special Conditions Section 2.24 Contractor's Questionnaire X (Page 31) BID NO: No. 48-02/03 DATE: 06/10/03 CITY OF MIAMI BEACH 27 PURCHASE AND DELIVERY OF FOUR (4) SETS OF INDUSTRIAL BATTERIES FOR THE ELECTROW A VE SHUTTLE BUSES BID #48-02/03 CUSTOMER REFERENCE LISTING Bidder's shall furnish the names, addresses, and telephone numbers ofa minimum of four (4) firms or government organizations for which the Contractor is currently furnishing or has furnished, industrial batteries for similar Electrical shuttle busses. (See Section 2.19 References, page 29) I) Company Name Chattanooga Area Regional Transportation Authority Address 1617 Wilcox Blvd., Chattanooga, TN 37406 Contact Person/Contract Amount Cliff Lawrence Telephone No.423-629-1411 Fax No. 423-698-2749 2) Company Name Hampton Roads Transit Address 3400 Victoria Blvd., Hampton VA 23661 Contact Person/Contract Amount Sam Salmon Telephone No. 757-222-6036 Fax No. 757-222-6120 3) Company Name Address Contact Person/Contract Amount Telephone No. Fax No. 4) Company Name Address Contact Person/Contract Amount Telephone No. Fax No. BID NO: No. 48-02/03 DATE: 06/10/03 CITY OF MIAMI BEACH 28 PURCHASE AND DELIVERY OF FOUR (4) SETS OF INDUSTRIAL BATTERIES FOR THE ELECTROW A VE SHUTTLE BUSES BID #48-02103 CUSTOMER REFERENCE LISTING (Contd.) 5) Company Name Address Contact Person/Contract Amount Telephone No. Fax No. 6) Company Name Address Contact Person/Contract Amount Telephone No. Fax No. 7) Company Name Address Contact Person/Contract Amount Telephone No. Fax No. 8) Company Name Address Contact Person/Contract Amount Telephone No. Fax No. BID NO: No. 48-02/03 DATE: 06/10/03 CITY OF MIAMI BEACH 29 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 H/A Principal Office H/A How many years has your organization been in business as a General Contractor/Distributor under your present business name? HI A Does your organization have current occupational licenses entitling it to do the work contemplated in this Contract? HI A State of Florida occupational license - state type and number: HI A Dade County certificate of competency - state type and number: HI A City of Miami Beach occupational license - state type and number: HI A Include copies of above licenses and certificates with proposal. How many years experience in similar work has your organization had? (A) As a General ContractorlDistributor H/A (B) As a Sub-Contractor H/A (C) What contracts has your organization completed? Contract Amt Class of Work When Completed Name/Address of Owner H/A H/A H/A H/A H/A 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? HI A BID NO: No. 48-02/03 DATE: 06/10/03 CITY OF MIAMI BEACH 30 If so, where and why? NI A RIA Has any officer or partner of your organization ever failed to complete a construction contract handled in his own name? RIA If so, state name of individual, name of owner, and reason thereof RIA In what other lines of business are you financially interested or engaged? RIA Give references as to experience, ability, and financial standing RIA What equipment do you own that IS available for the proposed work and where located? B/A What Bank or Banks have you arranged to do business with during the course of the Contract should it be awarded to you? RIA Please list the names and addresses of the subcontractors to be used for the portions of the work listed below. RIA BID NO: No. 48-02/03 DATE: 06/10/03 CITY OF MIAMI BEACH 31 Vendor Campaign Contribution(s): a. You must provide the names of all individuals or entities (including your sub-consultants) with a controlling financial interest. The term "controlling financial interest" shall mean the ownership, directly or indirectly, of 10% or more of the outstanding capital stock in any corporation or a direct or indirect interest of 10% or more in a firm. The term "firm" shall mean any corporation, partnership, business trust or any legal entity other than a natural person. East Penn Manufacturing Co. - 100% b. Individuals or entities (including our sub-consultants) with a controlling financial interest: have X 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. . / ,/ '} ,~~,:.:z;9 /4~ . (SEAL) American BATTERY 3101 ,QJm Blvd. Ft. Uiud.rd.... ~oiicl8 33312 U.S.A TEL. # 964-&83-2470 FAX # 8&4-683-689f BID NO: No. 48-02/03 DATE: 06/10/03 CITY OF MIAMI BEACH 32 ORDINANCE NO. 2002-3378 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 2 OF THE CODE OF THE CITY OF MIAMI BEACH, ENTITLED .'ADMINISTRATION", BY AMENDING ARTICLE VII' THEREOF, ENTITLED "STANDARDS OF CONDUCr., BY AMENDING DIVISION 4, ENTITLED "PROCUREMENT'", BY AMENDING SECTION 2-486, ENTITLED "CONE OF SILENCE"; SAID AMENDMENT, IN PART, EXTENDING THE PROHIBITIONS ON .ORAL COMMUNICATIONS ON ALL REQUEST FOR PROPOSALS (RFP'S), REQUEST FOR QUALIFICATIONS (RfQ'S), AND INVITATION FOR BIDS (BIDS), BETWEEN THE MAYOR AND CITY COMMISSIONERS AND THEIR RESPECTIVE STAFF AND ANY POTENTIAL VENDOR, SERVICE PROVIDER, BIDDER, LOBBYIST, OR CONSULTANT; PROVIDING FOR ADDITIONAL EXCEPTIONS RELATIVE TO ORAL COMMUNICATIONS; PROVIDING FURTHER FOR REPEALER, SEVERABIUTY, AND AN EFFECTIVE DATE. WHEREAS, on January 29, 2002, the Miami-Dade County Commission approved Ordinance No. 02-3, amending Section 2-11.1(t) of the Miami-Dade County Code, the County's Cone of Silence Ordinance, with an effective date of February 8, 2002; and WHEREAS. Miami-Dade County's approved amendments extended the prohibition on oral communications regarding a particular RFP., RFQ, and bid for the solicitation of goods and services to those between a potential vendor, service provider, bldder,lobbyiSt or consultant, and the Mayor, County Commissioners and their respective staffs; and WHEREAS, MiamI-Dade County's approved amendments added a~dltional exemptions to the prohibition on oral communications regarding a particular RFP, RFQ, or bid for the solicitation of goods and services between any person and the procurement director or hislher designated staff responsible for administering the procurement process for such RFP. RFQ or bid, and between a member of the respective selection committee, provided the communication be limited strictly to matters of process or procedure already contained In the corresponding sol/citation document; and . WHEREAS,Miami-Dade County's approved amendments added additional exemptions to the prohibition on oral communications between the County Manager and the chairperson of a selection committee about a particular selection committee recommendation, only after th~ committee has submitted a recommendation to the Manager and provided that, should any change occur In the committee recommendation, . the content of the communication and of the corresponding change shall be described in wrtting and filed by the Manager with the Clerk of the County and be induded In any recommendation memorandum submitted by the Manager to the County Commission; WHEREAS, MiamI-Dade County's approved amendments added additional exemptions to the prohibition on oral communications pertaining to emergency procurements. , . WHEREAS, said MiamI-Dade County amendments are applicable to the Mayor and City Commissioners of the City of Miami Beach, the City Manager, and their respective staffs; and In order to extend said am~~dment~~a~~ tJ1elr~~E>I!c:ilEllitytopotentlal vendors, BID NO: No. 48-02103 DATE: 06/10/03 CITY OF MIAMI BEACH 33 service proViders. bldders,.lobbyi8.ts, and consult8nts doing business In the City of Miami Beach, the Administration and the City Attorney's Office herein recommends that the MaYor and City Commission amend the City's Cone of.Sllence Ordinance accordingly. NOW, THEREFORE,BE IT ORDAINED BY THE MAYOR AND CITY . COMMISSION OF THE CITY OF MIAMI BEACH: SEcnON 1. Section 2-426. of Division 4 of ArtIcle VII of Chapter 2 of the Miami Beach City Code Is hereby amended to read as follows: ArtIcle VII. Standards. of Conduct DMSION 4. PROCUREMENT Sec. 2-488. Cone of silence. (a) Contracts for the provision of goods, services. and construction projects~ &tMF tRaA audit 88AVaste. (1) Definition. -Cone of silenceR is hereby defined to mean a prohibition on:. (a) any communication regarding 8 particular request for proposal {"RFP'}, request for qualifications ("RFQR), ~uest for lette,. of lAte,.. ("RFI..IR). or bid between a potential vendor. service provld.er,.bldder. lobbyist. or consultant and the clty's administrative staff including. but not limited to. the city manager and his or her staff; (b) any communication regarding a particular RFP. RFQ, RR:I-, or bid between the mayor, city commtssioners, 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, RAdr or bid between a potential vendor, service provider, bidder, lobbyist, or consultant and any member of a city evaluation and/or selection committee therefor: aA4 .(dl any communication regarding a particular RFP, RFQ. RR:4; or bid" between the mayor, city commlssloners....or their respective staffs....and 8AY i..member of a city evaluation and/or selection committee therefor: (e) ::~~~~n::tl~ sre~ardina a Dartlcular RF~. RFQ. or bid between the c m I II ners. or their resoective staffs and a ootentfal r.:d:;;:n::ce ~~vldar. blddar.lobbvlst. or consultant. NelwithelaASIR8 al 8, h GaRe ef IDeRse Ihall Rat apply Ie seFF$eWve preseeess fer ~e a....'8Fd sf CDSG. HeM'. SHIP BRd SwF&aK FURse' BSFRIRi8teree ~ the sit}' efiise ef seFRFRUA~' de~.'8IspFReAt. BAd 99FRFRWAisatlsA8 ....... ~e ait}' attSFRey BAd his sr her &taft BID NO: No. 4H-U2/U3 DATE: 06/10/03 CITY OF MIAMI BEACH 34 (2) Procedure. a. A ItuLcone of silence shall be Imposed upon each RFP, RFQ, ~ eREl or bid after the advertisement of said RFP, RFQ, RRd; 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 termlnate~ ~ the time the city manager makes his or her written recommendation as to selection of a particular RFP, RFQ, RFbIr or bid to the city commission, and said RFP, RFQ, RPYr or bid Is awarded: provided, however, that following the Mmanager making his or her written recommendation, the cone of silence shall be lifted as relates to communications between the M-mayor and M-members of the G-commlssion and the ~ity M-manager;provldlng further if the city commission refers the manager's recommendation back to. the city manager sr 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,. Rf:ld., or bid is awarded~ ~ mlln the event of contracts for less than $25,000.1 when the city manager executes the contract. (3) exceptions. The pr&\i8IGAs sf this oFdiAaAee cone of silence sha1l not apply to: (a) comoetitlve Drocesses for the award of CDBG. HOME. SHIP and Surtax Funds administered by thecitv office of communitv develoDment and (b) communications wUh the city attomev and his or her staff. {&} {Ql.oral ~mmunlcatlons at pre-bid conferences: ~ fiU.oral presentations before evaluation. and/or selection comf'llttees;. {ti.{!lcontract discussions during any duly noticed public meeting: oo-m public presentations made to thedty commissioners during any duly noticed public meeting; ~ {g} contract negotiations with city staff following the award of an RFP, RFQ. ~ or bid by the city commission; (#J {b} 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, RFU, or bid documents; GF BID NO: No. 48-02/03 DATE: 06/10/03 CITY OF MIAMI BEACH 35 : {fHil city commission meeting agenda review. meetings between the city manager and. the mayor and individual city commissioners where such matters are scheduled for consideration at the next ~mmlsslon meeting. ~n communications reaardlna a oarticular RFP. RFQ or bid between the Drocurement director. or his/her administrative staff resDonslble. for admlnisterlna the Drocurement DroceSS for such RFP. RFQ or bid and a member of the evaluation/selection commmee therefor. Drovlded the communication Is limited strictlv to matters of DraceSS or Drocedure alreadv pontalned In tbe corresDOndlna solicitation document: 00 dulv noticed site visits to determine the comoetencv of bidders reaardfna sDsrtlcular bid durfna the time Deriod between the aDenina of bids and the time the citY manaaer makes his or her written recommendation: fil any emeraencv Drocurement of qoods or servlpes: 1m) communications reaardina a Darticular RFP. RFQ. or bid between anY Derson. and the Drocurement director. or hlslher administrative staff resDOnslble for admlnlsterlna the Drocurement DraceSS for such RFP. RFO. or bid. Drovided the communication Is limited strIctlv to matters of DroceSS or DroCedure alreadv contained in the correSDondino solicitation document. fill. 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 avaUable to any person upon request. ~) Aufllt _MFa8. (1) .CaAe ef alleAee- II here~ setlAed te ",eaR a pl'Ghll:*JaA aA: (8) aAY ee"''''YAleatlsAs regsrelAg a paFtieYlar RFP, RFQ, RFlI, ar bid bat'eeR S peteAtial \'8AdaF, leF\'lee pF&Vkler, biEiEieF, labbyist. ar GElRSYItaAt &REi the "'ayer, 6ily 89m",16aleAeF8 ar #lelr r:elpeeIP.'8 staffe, aAd sAY ",e",ber ef the eltYa admlRistF8tNe &taft IAelYEiiAg, INt Rat lI",ited te ti:1e.6Ity tJlaAager aAa his sr her staff, aAd (b) aAY eral 89mmwnleatiaA regaNIAg a paFliEMIlar Rep, RFQ. RFll, sr bid belweeA the "'ayer, Glty 89",mlsslaAeF8 arthei~ resp86Uve staffs aAd aAY ",e",ber of tl=le siays aEl"'IAlsWative &taff In6lwdlAg, bwt Ret n",l.d te,.the ally FRaAager aAd hie ar her staff; aAs.(e) aAY sem",wRiGatiaA regs.eiAg a paFlisular RFP, RFQ, RFlI, sr bkl belw8aA a pet8At1al'J8ASar) seMee pF8':lder, bidder, Isb9ylet, ar 89R.wl_At aAd aRY me",ber ef a eity e'..alyaUSA aAd.'ar selaGtieA 88",mittee; aAd (ta) aAY eemmYAleatiaR f9gaRliRg a paRleYlsr Rep, RFQ or bls bet\veaR the Mayer, City CamR\lsslsAaAJ sr their reepesi\'e Maft's aRd any ",ember sf s eiy evalwatieA aA6Isr sslesllaA se",mlbe. Nea.JithstandlAg #Ie foregaiRII. the seRe ef silenea shal net apply Ie sOfRmuAieaUans with U1e eity atte"'sy aAa his ar her stafJ. ix98pt 88 pFe'Aded IA eYllsestiaAe (b )(3) and (b)( ~) hereeJ, s seAe ef sileA68 shall be I",pased upan eael:! RFP. RFQ, RFlI, ar blEi far audit seFVisee atter the ad\~Fti8B"'ent af said RFP, RFQ, RFll, sr bid. 1.t ""'e tl",e Gf ""'8 ImpaeltiaA sf tAe seRe ef slleRee, tAe a~' MaAager ar Ais sr her designee (2) ~-.-.- --....-.-.--.--.-.-" BID NO: No. 48-02/03 DATE: 06/10/03 - CITY OF MIAMI BEACH 36 shall pF9'.'We fer tI:Ie puella Rallse ef the SBAe ef slleAee. The OORe ef sHeAee shall tenniRate a) at the time tI:1e eity maR&ger fRays his ar her 'HfiUen FeeBfRfReRdatiaR as to eeleetiaR at a paFtisular RFP, RFQ. RFlI, ar eiEI to the sity eBmmlsslaR, aRa sala RFP, RFa, RFll, ar bla Is S':J8Ned; previaea. h9\.Je'JeF, that fallG\viRg the Managsr fRaklRg his ar her. \\/fitteR FeeemmendatiaR, tt:1s eBRe ef sllaneB shall ba lifted as Felates te eemmYRlBatlan8 Bew:eeR tt:ls Ma~r aRd MeACleSF8 ef the CammlsslaFl aRd 1I=Ie CI4' ManageF; pf8tJktIRg fwftl::ter If 1I=Ie ally eBAClfRlsslafl FefeFl the fRaAager's FeeBmmsndatiaR Bask to the ally JRaRager or eW far fuFthsr . Fe'..'I.,..:, the eBRe ef slleRse shall eBRtinue until sllsh t1fRe 8S tJ:Ie maRager fRakss S sUHequsRt '.witteR FeeBmmeRastiaR, and the paFtiBYIsr RFP, RFQ, RFlI. ar eiElls swaRled or e) IA tt-le B\'eRt of eBAtFBets fer les8thsR $26.000 v-A:leR the sit)' mBRager 8xesYles the eBRtFaGt. . (3) NeIIlRg eeRtalAeEI heFeIR shall prehlbit BFlY elader) pf9peser) 'JeRaer) SSMGe pre\llaer, lebe)48t, ar eeFlsultaFlt (I) IFum maklRg publis pFes8FMtieAs at duly F1etised pFB bla eeAteFeFlSeS ar betare awly Aetisea 8t.~luatieFl eBmfRiles meetlAgs; (II) fl:em eRgsglFlg IR eBRVSst dlssusslaR8 duFlFlg BAY auly FletieeEI pYblls mefiAg; (III) frem eFlgaglRg In GaRnet A9gatlatloAS 'lAth eity staff fell8'"::IRi tha a'NaN ef aA RFP, RFa. RFlI, er blEl fer audif By the slty eBFRfRl86ieA; er (Iv) frem eBmmYRleating IR '1mting with aRY ally eFl1ployes ar e#iaial fer pWFp868S et seekiRg GlaFifieatiaR 9r aaaltlaRallnfeFfRatleR fl:em1l=le ei\' er FespeRalFlg te the aity'-s Fequest far slaFifieatien sr addltienal InfoFfRBtlen, SUbj8et te the previsieR8 ef U:le BppllsBble RFP, RFQ, RFlI, ar eld deeumeRte. The bidder ar propassr ate. shBII fil8 a eepy efaAY \"JFiUeR eemFRuFlleatlaA with 1I=Ie ~'e1eFk. The eity e1aJK shall make eeplss w/silaele te the geReFaI puelle UpeA Feqwest (~) Nethlng eeAtalnad heFeiA shall pf9hlBIt any Ieebylst, Bidder ,JIf9peser. venda/) seMse pFevider, eBRsultant, er ether peF8aA ar eRtily fRHII pwellGly addF8sslAg the sly 88mmlssleAeFl dURAg aAy duly AaUaed pUBlIs fRseting F8gaNlng astien aR aRY await eeFltraet. The sily fRaRBger shalllAslwdslA any pwblle eelleltdeFl far aUEiItiAg 6aF\'leee a etatemaRt dis9l98iAi ths FeEluiFefReAta ef this dl\.lslaA. (eKbl Vlolatlonslpenal~es and procedures. A violation of this section by a particular bidder,. proposer, vendor, service provider, lobbyist, or consultant shall subject said bidder, GF proposer. vendor, service provider. lobbyist, or consultant to the same procedures set forth In Division 5, enWed :Oebarment of Contractors: from City Work; shall render any RFP award, RFQ award, RFll w:I8R1, or bid award to said bidder, proposer, vendor, service provider, bidder, lobbyist, or consultant vold!.!U; and said bidder, proposer, vendor, service provider, lobbyist, oroonsultant shall not be considered for any RFP, RFQ, RFbI or bid for a contract tor the provision of. goods orlsrvlces for a period of one year. Any person who violates a provision.of this division shall be prohibited from serving on a city evaluation andlor selection committee. In addition to any other penalty provided by law, violation of any provision of this .dlvislon 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 attomey's office or state attorney's office.... andlor may file a complaint with the county ethics commission. ) COrd. No. 99-3164, S 1,1-8-99: Ord. No. 2001-3295, S 1,3-14-01) DATE: 06/10/03 .u.___~~_U 37 SECTION 2. CODIFICATION. It Is the Intention of the Mayor and City Commission of the City of Miami Beach, and It is hereby ordained that the provisions of this ordinance shall become and be made part of the Code of ' the City of Miami Beach, Florida. . The sections of this ordinance may be renumbered or relettered to accomplish such Intention, and the word "ordinance" may be changed to "section", "article", or other appropriate word. SEcnON 3. REPEALER. All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed.. SECTION 4. SEVERABIUTY. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is, forany reason, held invalid or unconstitutional, such portion shall be deemed a separate, distinct and Independent provision and such holding shall not affect the validity or constitutionality of the remaining portions of this Ordinance. SEcnON 5. EFFECTIVE DATE. This Ordinance shail take effect on the 10th day of August Is 10 days after adoption. , 2002, which PASSED and ADOPTED this 31st , 2002. ATTEST: City Clerk Letters or numbers that are strtcken through .are deletions from existing ordinance. Letters or numbers that are underlined are additions to existing ordinance. F:\ATTO\OLIJ\RE8-0RD\CONEOFSILENCE.FNLDOC APPROVED AS 10 FORM & I..ANGUAGE & FOR U110N ~::2.~ .0. BID NO: No. 48-02/03 DATE: 06/10/03 CITY OF MIAMI BEACH 38 OFFICE OF THE CITY ATTORNEY MURRAY H. DUBBIN day Attoraey ~ tlJ1Immi 1JtRM , L 0.. D A 6) Telephone: (305) 673-747 Telecopy: (30$) 673-700 COMMISSION MEMORANDUM DATE: JULY 31, 2002 TO: FROM: MURRAY DUBBIN CITY ATrORNEY!\U JORGE M. GONZALEZ CITY MANAGER SECOND READING PUBLIC HEARING SUBJECf: AMENDMENT TO C1TY'S "CONE OF SILENCE" ORDINANCE On January 29, 2002; the Miami-Dade County Commission approved an amendment to the County's "Cone ofSilcncc" Ordinance,. with an effective date ofFebIuary 8, 2002. The approved amendments to the County's Ordinance., which the City Manager and the City Attorncy's Office herein recommend be incorporated as an amendment to the City's own "Cone ofSilcoce" Ordinance, are as follows: (I) Extendins the proIu'bitiOll on oral cOmmunications regarding a particular RFP, RFQ, and bid for the solicitation of goods and services to those between a potential vendor, service provider, bidder,lobbyist or consultant, and the Mayor, CommissiODCl'S, 8Dd their respective staffs; (2) Extending the prohibition on oral communications regarding a particular RFP, RFg, or bid between any administrative staff member, and any member of an evaluation and/or selection committee therefor; (3) Notwithstanding the prohibition in subsection (2) above, providins an exemption allowing the Manager and the chairperson of the evaluation and/or selection committee to communicate upon a particular evaluation and/or selection committee Agenda Item ASC 1700 CODveatloa Ceater Drive - Foartll floor - Mlaaal Bead Date 7-,j/-()J- BID NO: No. 48-02/03 DATE: 06110/03 CITY OF MIAMI BEACH 39 recommendation, but only after the committee bas submitted an award recommendation to the Manager and. provided should a change occur in the commiUCC.s reCommendation. the content of the communication and of the correspondence cbang~ shall be described in writing and tiled by the Manager with ,- the City Clerk. and be included in any recommendation memorandum submitted by the Mauagerto the Commission; (4) Creating an exemption allowing communications regarding a particular RFP. RFQ, or bid between the Procurement Director (or hisIher administrative staff responsible for administering the particular RFP. RFQ, or bid process) and a member of the evaluation/selection committee therefor. provided the communication is limited strictly to matters of process or procedure already contained in the corresponding bid document; (05) Creating an exemption for duly noticed site visits'to determine the conwetency of bidders regarding a particular bid. during the time period between the opening of the bids and the time the Manager makes hislher written recommendation to the Commission; (6) Creating an exemption for emergency procurement of goods or services; and (7) Creating an exemption to allow for communications regarding a particular RFP. RFQ. or bid between any person and the Procurement Director. (or his or her administrative staff responsible for administering the bid process), provided the communication is limited to matters of process or procedure already contained in the bid documents. The Miami-Dade County Commission on Ethics bas consistently taken the position that the County's Ethics legislation, as codified in Section 2 of the Miami-Dade County Code, applies to municipalofficen and employees. whether or not they chose to adopt corresponding legislation or not However, one of the reasons that the City of Miami Beach adopted its own cone of silence legislation was not only to make it stricter in places where the County.s ordinance is more lenient (which is legally permissible), but alSo. assuming the County ethics legislation only applies to municipal officers and employees, the enactment of the City's own cone of silence ordinance extended the prohibitions of the ordinance, and the sanctions therein. to potential vendors, Service providers, bidders, lobbyists, andlor consultants doing business with the City of Miami Beach. It is therefore recommended by the City Manager and City Attorney.s Office's that the Mayor and CitY Commission herein adopt, on first reading. the attached amendments to the City's Cone of Silence Ordinance; said amendments mirroring the amendments already approved by the Miami- . Dade County Commission (in its Cone of Silence Ordinance). IlIA..... PM~ 2 BID NO: No. 48-02/03 DATE: 06/10/03 CITY OF MIAMI BEACH 40 DIVISION 3. LOBBYISTS Sec. 2-481. Definitions. The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Advisory personnel means the members of those city boards and agencies whose sole or primary responsibility is to recommend legislation or give advice to the City commissioners. Autonomous personnel includes but is not limited to the members of the housing authority, personnel board, pension boards, and such other autonomous or semi-autonomous authorities, boards and agencies as are entrusted with the day-to-day policy setting, operation and management of certain defined functions or areas of responsibility. Commissioners means the mayor and members of the City commission. Departmental personnel means the City manager, all assistant City managers, all department heads, the City attorney, chief deputy City attorney and all assistant City attorneys; however, all departmental personnel when acting in connection with administrative hearings shall not be included for purposes of this division. Lobbyist means all persons employed or retained, whether paid or not, by a principal who seeks to encourage the passage, defeat or modification of any ordinance, resolution, action or decision of any commissioner; any action, decision, recommendation of any City board or committee; or any action, decision or recommendation of any personnel defined in any manner in this section, during the time period of the entire decision-making process on such action, decision or recommendation that foreseeably will be heard or reviewed by the City commission, or a City board or committee. The term specifically includes the principal as well as any agent, attorney, officer or employee of a principal, regardless of whether such lobbying activities fall within the normal scope of employment of such agent, attorney, officer or employee. Quasi-judicial personnel means the members of the planning board, the board of adjustment and such other boards and agencies of the City that perform such quasi-judicial functions. The nuisance abatement board, special master hearings and administrative hearings shall not be included for purposes of this division. (Ord. No. 92-2777,331,2,3-4-92; Ord. No. 92-2785, 331,2,6-17-92) Cross reference(s)--Definitions generally, 3 1-2. Sec. 2-482. Registration. (a) All lobbyists shall, before engaging in any lobbying activities, register with the City clerk. Every person required to register shall register on forms prepared by the clerk, pay a registration fee as specified in appendix A and state under oath: (1) His name; BID NO: No. 48-02/03 DATE: 06/10/03 CITY OF MIAMI BEACH 41 (2) His business address; (3) The name and business address of each person or entity which has employed the registrant to lobby; (4) The commissioner or personnel sought to be lobbied; and (5) The specific issue on which he has been employed to lobby. (b) Any change to any information originally filed, or any additional City commissioner or personnel who are also sought to be lobbied shall require that the lobbyist file an amendment to the registration forms, although no additional fee shall be required for such amendment. The lobbyist has a continuing duty to supply information and amend the forms filed throughout the period for which the lobbying occurs. (c) If the lobbyist represents a corporation, partnership or trust, the chief officer, partner or 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 form filed. (h) The registration fees required by subsections (a) and (f) of this section shall be deposited by the clerk into a separate account and shall be expended only to cover the costs incurred in administering the provisions of this division. There shall be no fee required for filing a notice of withdrawal, and the City manager shall waive the registration fee upon a fmding of financial hardship, based upon a sworn statement of the applicant. Any person who only appears as a representative of a nonprofit corporation or entity (such as a charitable organization, a neighborhood or homeowner association, a local chamber of commerce or a trade association or trade union), without special compensation or reimbursement for the appearance, whether direct, indirect or contingent, to express support of or opposition to any item, shall not be required to register with the clerk as required by this section. Copies of registration forms shall be furnished to each commissioner or other personnel named on the forms. (Ord. No. 92-2777,33,3-4-92; Ord. No. 92-2785, 33,6-17-92) BID NO: No. 48-02/03 DATE: 06110/03 CITY OF MIAMI BEACH 42 Sec. 2-483. Exceptions to registration. (a) Any public officer, employee or appointee or any person or entity in contractual privity with the City who only appears in his official capacity shall not be required to register as a lobbyist. (b) Any person who only appears in his individual capacity at a public hearing before the city commission, planning board, board of adjustment, or other board or committee and has no other communication with the personnel defined in section 2-481, for the purpose of self-representation without compensation or reimbursement, whether direct, indirect or contingent, to express support of or opposition to any item, shall not be required to register as a lobbyist, including but not limited to those who are members of homeowner or neighborhood associations. All speakers shall, however, sign up on forms available at the public hearing. Additionally, any person requested to appear before any city personnel, board or commission, or any person compelled to answer for or appealing a code violation, a nuisance abatement board hearing, a special master hearing or an administrative hearing shall not be required to register, nor shall any agent, attorney, officer or employee of such person. (Ord. No. 92-2777,334,5,3-4-92; Ord. No. 92-2785,334,5,6-17-92) Sec. 2-484. Sign-in logs. In addition to the registration requirements addressed above, all city departments, including the offices of the mayor and city commission, the offices of the city manager, and the offices of the city attorney, shall maintain signed sign-in logs for all noncity employees or personnel for registration when they meet with any personnel as defined in section 2-481. (Ord. No. 92-2785,36,6-17-92) 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. 3 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, 3 6, 3-4-92; Ord. No. 92-2785, 3 7, 6-17-92) BID NO: No. 48-02/03 DA TE: 06110/03 CITY OF MIAMI BEACH 43 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 WHEREASt the Greater Miami Chamber of Commerce ("GMCCtJ adopted a Model Code of Business Ethics (the "Model Codett); and WHEREAS, the City of Miami Beach is a member of the GMCCj and WHEREAS, the Model Code, attached hereto as Exhibit A, is a statement of principles to help gUide decisions and actions based on respect for the importance of ethical business standards in the community; and WHEREAS, the GMCC encourages its members to adopt the principles and practices outlined in the Model Code; and WHEREAS, the Commission believes that each entity which does business with the City of Miami Beach should be required, as a condition of doing business with the County to adopt a Code of Business Ethics. NOW. THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH. FLORIDA: Section 1. Each person or entity that seeks to do business with the City shall adopt a Code of Business Ethics ("Codet1 and submit that Code to the City Manager or his or her designee prior to execution of any contract between the contractor and the City. The Code of Business shall, at a 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 Conunission urges the Greater Miami Chamber of Commerce to require that all of its members adopt the Model Code of Business Ethics. Section 3. adoption. This resolution shall become effective immediately upon its BID NO: No. 48-02/03 DATE: 06/10/03 CITY OF MIAMI BEACH 44 PASSED and ADOPTED this 12th day of April 2000 ATIEST: HJ /J liVkvOR APPROVED AS TO FCRM a LANGUAC;,r.: IFOREXECUTIOr. ~-7.'l/J BID NO: No. 48-02/03 DATE: 06/10/03 CITY OF MIAMI BEACH 45 GREATER MIAMI CHAMBER OF COMMERCE MODELCODEOFBU~NESSET~CS STATEMENT OF PURPOSE The Greater Miami Chamber of Commerce ("GMCC') seeks to create and sustain an ethical business cfimate for its members and the commuMy by adopting a Code ot Business Ethics. The GMCC encourages its members 10 ;,corporate the principles and practices ouUined here in their individual codes of ethics which will gUIde their relationships with customers, ci:ents and suppliers. This Model Code can and should be prominently displayed at aH business locations and may be ircorporated into marketing materials. The GMCC believes that its members should use this Code as a model for the development of their organizations' business codes of cthcs. This Model Code is 6 slo.tement of prtnClpre~ to ~elp ~'de decisions and lldioClS bllsed on respeC1 for the impon6nce of elhlcel business standerds in the communi~:f. I ne GMCC Dlo/heves U-e cdoption of fI meoningluf cede 01 elhics IS the responSibility of eve", t:uslness end prGless.onol crgonli!llion ComDliance with Government Rules & ReQulations We will properly maintain all records and post 311lic~rses and certificates in prominent places oasily seen by our employees and customers; In dealing with government agencies and empleyee:;, we will conduct business in accordance with all applicable rules and regulat;ons and in the open; We will report contract irregularifes and other Improper or unl3lNful business praclices to the Ethics Commission. tho Office of Inspector General or appropriate law enforcement authorities. Recruitment. Selection & Compensation of Vendors and Supplt~ We will avoid conflicts of interest and disclose such conflicts when identified; Gifts which compromise the integrity of a ousiness lransactio~ are unacceptable; we wiil not kick baCK any portion of a contract payment to empioyees cf the other contracting party or accepl such a kickback. . ~usiness Acc:ountinq A:I ()lJr financ:allrarsacllons .vill be properly and fairly recorded in appropriate books of account. and there will he no .'ofl the books'. transactions or secret accounts Promotion and Sales of products and Services O"r pr'jdJcls Ifill comply win a'l al=plicable safety ar;d quality standards: We win promote and advcrll5'1 our bUSIness and Its products or services in a maMar which is net misleading and docs not falsely disparage our competitors; Ooinq Business ,wfth the Government BID NO: No. 48-02/03 DATE: 06/10/03 CITY OF MIAMI BEACH 46 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 wilt 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, perform government contracts awarded at tho 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 wiil not, directly or indirectly, offer to give a bribe or othelWise channel kickbaCKS from contracls awarded, to government officials, their family members or business associates. We will root seek or expect preferential treatment on bids based on our partic;piltion in political campaigns. Public Life and Political Campaigfls We encourage all employees to participate in community life, public service and the political process: We e'1courage all employees to recruit, support and elect ethicat 31'\d quaiified public officials and engage them in dialogue and debate about business and commwnity issues; Our contributions to politica! parties, committees or individuals will only be made in accordance with applicable law and will comply With ail requirements for public di:;c1asurc. All conlributions made on behalf of the business must be reported 10 senior company mo:lnagcment; . We wi:! not conlriblJte to the campaigns of persons who are convicted felons or those who do not sign the Fair Campaign Practices Ordinance. We will not knowingly dissemmate false campaign information or suppo1 those who do. American Battery Co. Compal1Y Name Mark D. Hood _._._---~_._-- Corporate Omcer 6illL1OQ3 Date BID NO: No. 48-02/03 DATE: 06110/03 CITY OF MIAMI BEACH 47 ORDINANCE NO 2000-3234 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 2, ARTICLE VI, ENTITLED "PROCUREMENT", BY CREATING DIVISION 5, ENTITLED "DEBARMENT", SECTIONS 2-397 THROUGH 2-406 OF THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA, PROVIDING FOR DEBARMENT OF CONTRACTORS FROM CITY WORK; PROVIDING FOR SEVERABILITY; CODIFICATION; REPEALER; AND AN EFFECTIVE DATE. NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1. Miami Beach City Code, Chapter 2, entitled "Administration", Article VI, entitled "Procurement", is hereby amended by adding the following Division 5, entitled - "Debarment of Contractors from City Work" reading as follows: Division 5. Debarment of contractors from City work. Section 2-397.Purpose of debarment. (a) The City shall solicit offers from, award contracts to, and consent to subcontractors with responsible contractors only: To effectuate this police, the debarment of contractors from City work may be undertaken. (b) The serious nature of debarment requires that this sanction be imposed only when it is in the public interest for the City's protection. and not for purposes of punishment. Debarment shall be imposed in accordance with the procedures contained in this ordinance. Section 2-398.Defmitions. (a) Affiliates. Business concerns. organizations, lobbyists or other individuals are affiliates of each other if, directly or indirectly. (I) either one controls or has the power to control the other, or (ii) a third part controls or has the power to control both. Indicia of control include, but are not limited to. a fiduciary relation which results from the manifestation of consent by one individual to another that the other shall act on his behalf and subject to his control, and consent by the other so to act; interlocking management or ownership; identity of interests among family members; shared facilities and equipment; common use of employees; or a business entity organized by a debarred entity, individual, or affiliate following debarment of a contractor that has the same or similar management, ownership, or principal employees as the contractor that was debarred or suspended. BID NO: No. 48-02/03 DATE: 06/10/03 CITY OF MIAMI BEACH 48 (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: (1) Directly or indirectly (e.g. through an affiliate). submits offers for is awarded" or reasonably may be expected to submit offers or be awarded a City contract, including, but not limited to vendors, suppliers, providers, Bidders, Proposers, consultants, and/or design professionals, or (2) Conducts business or reasonable man be expected to conduct business. with the City as an agent" representative or subcontractor of another contractor. (d) Conviction means a judgement or conviction of a criminal offense. be it a felony or misdemeanor, by any court of competent jurisdiction. whether entered upon a verdict or a plea. and includes a conviction entered upon a plea of nolo contendere. (e) Debarment means action taken by the Debarment Committee to exclude a contractor (and. in limited instances specified in this ordinance. a Bidder or Proposer from City contracting and City approved subcontracting for a reasonable, specified period as provided in subsection G) below: a contractor so excluded is debarred. (f) Debarment Committee means a group of seven (7) individual members, each appointed by the Mayor and individual City Commissioners, to evaluate and. if warranted. to impose debarment, (g) Preponderance Greater weight of the evidence means proof by information that, compared with that opposing it , leads to the conclusion that the fact at issue is more probably true than not. (h) Indictment means indictment for a criminal offense. An information or other filing by competent authority charging a criminal offense shall be given the same effect as an indictment. (I) Legal proceeding means any civil judicial proceeding to which the City is a party or any criminal proceeding. The term includes appeals from such proceedings. (j) List of debarred contractors means a list compiled, maintained and distributed by the City=s Procurement Office. containing the names of contractors debarred under the procedures of this ordinance. Section 2-399.List of debarred contractors. (a) The City's Procurement Office. is the agency charged with the implementation of this ordinance shall: (1) Compile and maintain a current. consolidated list (List) of all contractors debarred by City departments, Such List shall be public record and shall be available for public inspection and dissemination; BID NO: No. 48-02/03 DATE: 06/10/03 CITY OF MIAMI BEACH 49 (2) Periodically revise and distribute the List and issue supplements, if necessary, to all departments. to the Office of the City Manager and to the Mayor and City . Commissioners: and (3) Included in the List shall be the name and telephone number of the City official responsible for its maintenance and distribution. (b) The List shall indicate: (1) The names and addresses of all contractors debarred. in alphabetical order; (2) The name of the department that recommends initiation of the debarment action; (3) The cause for the debarment action, as is further described herein. or other statutory or regulatory authority; (4) The effect of the debarment action; (5) The termination date for each listing; (6) The contractor's certificate of competence or license number, when applicable; (7) The person through whom the contractor is qualified, when applicable; (8) The name and telephone number of the point of contact in the department recommending the debarment action. (c) The City's Procurement Office shall: (1) In accordance with internal retention procedures maintain records relating to each debarment; (2) Establish procedures to provide for the effective use of the List, including internal distribution thereof to ensure that departments do not solicit offers from, award contracts to, or consent to subcontracts with contractors on the List; and (3) Respond to inquiries concerning listed, contractors and coordinate such responses with the department that 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 517ths vote of the City Commission at a regularly scheduled City Commission meeting. Debarred contractors are also excluded from conducting business with the City as agents, representatives, subcontractors or partners of other contractors. (b) Debarred contractors are excluded from acting as individual sureties. BID NO: No. 48-02/03 DATE: 06/10/03 CITY OF MIAMI BEACH 50 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 ofthe contract as well as disqualification from consideration on any RFP, RFO. RFLI. or bid. (b) The debarment shall take effect in accordance with the notice provided by the City Manager pursuant to subsection 2-405(h) below. except that if a City department has contracts or subcontracts in existence at the time the contractor was debarred, the debarment period may commence upon the conclusion of the contract. subj ect to approval of same be 5/7ths vote of the Mayor and City Commission at a regularly scheduled meeting. (c) City departments may not renew or otherwise extend the duration of current contract or consent to subcontracts with debarred contractors, unless the City Manager determines that an emergency exists justifying the renewal or extension or for an approved extension due to delay or time extension for reasons beyond the contractor's control and such action is approved by 5/7ths vote of the Mayor and City Commission at a regularly scheduled meeting. (d) No further work shall be awarded to a debarred contractor in connection with a continuing contract where the work is divided into separate discrete groups and the City's refusal or denial of further work under the contract will not result in a breach of such contract. Section 2-402.Restrictions on subcontracting. (a) When a debarred contractor is proposed as a subcontractor for any subcontract subject to City approval, the department shall not consent to subcontracts with such contractors unless the City Manager determines that an emergency exists justifying such consent and the Mayor and City Commission approves such decision by 5/7ths vote at a regularly scheduled meeting. (b) The City shall not be responsible for any increases in project costs or other expenses incurred by a contractor as a result of rejection of proposed subcontractors pursuant to subsection 2-402(a) above, provided the subcontractor was debarred prior to bid opening or opening of proposals, where the contract was awarded be the City pursuant to an RFP, RFO, RFLI, or bid. Section 2-403.Debarment. (a) The Debarment Committee may, in the public interest debar a contractor for any of the causes listed in this ordinance using the procedures outlined below. The existence of a cause for debarment however, does not necessarily require that the contractor be debarred; the seriousness of the contractor's acts or omissions and any mitigating factors should be considered in making any debarment decision. BID NO: No. 48-02/03 DA TE: 06/10/03 CITY OF MIAMI BEACH 51 (b) Debarment constitutes debarment of all officers, directors, shareholders owning or controlling twenty-five (25) percent ofthe stock, partners, divisions or other organizational elements ofthe 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 (1) specifically named and (ii) given written notice of the proposed debarment and an opportunity to respond. Future affiliates of the contractor are subject to the Debarment Committee's decision. (c) A contractor's debarment shall be effective throughout City Government. Section 2-404. Causes for debarment. (a) The Debarment Committee shall debar a contractor for a conviction or civil judgment, (1) F or 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; (2) F or violation of federal or State antitrust statutes relating to the submission of offers; (3) F or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (4) Which makes the City the prevailing party in a legal proceeding and a court determines that the lawsuit between the contractor and the City was frivolous or filed in bad faith. (b) The Committee may debar a contractor, (and, limited instances set forth hereinbelow a Bidder or Proposer) based upon a preponderance the greater weight of the evidence, for; (1) 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; (2) Violation of a City ordinance or administrative order which lists debarment as a potential penalty; (3) Any other cause which affects the responsibility of a City contractor or subcontractor in performing City work. Section 2-405.Debarment procedures. (a) Requests for the debarment of contractors may be initiated by a City Department or by a citizen-at large and shall be made in writing to the Office of the City Manager. Upon receipt of a request for debarment, the City Manager shall transmit the request to the Mayor and City Commission at a regularly scheduled meeting. The Mayor and City Commission shall transmit the request to a person or persons who shall be charged by the City Commission with the duty of promptly investigating and preparing a written report(s) concerning the proposed debarment, including the cause and grounds for debarment as set forth in this ordinance. BID NO: No. 48-02/03 DATE: 06/10/03 CITY OF MIAMI BEACH 52 (b) Upon completion of the aforestated written report, the City Manager shall forward said report to the Debarment Committee. The City's Procurement Office shall act as staff to the Debarment Committee and, with the assistance of the City department person or persons which prepared the report present evidence and argument to the Debarment Committee (c) Notice of proposal to debar. Within ten working days of the Debarment Committee having received the request for debarment and written report, the City's Procurement Office, on behalf of the Debarment Committee shall issue a notice of proposed debarment advising the contractor and any specifically named affiliates, by certified mail. return receipt requested, or personal service containing the following information: (1) That debarment is being considered: (2) The reasons and causes for the proposed debarment in terms sufficient to put the contractor and any named affiliates on notice of the conduct or transaction(s) upon which it is based; (3) That a hearing shall be conducted before the Debarment Committee on a date and time not less than thirty (30) days after service of the notice. The notice shall also advise the contractor that it may be represented by an attorney, may present documentary evidence and verbal testimony, and may cross-examine evidence and testimony presented against it. (4) The notice shall also describe the effect of the issuance of the notice of proposed debarment, and of the potential effect of an actual debarment. (d) No later than seven (7) working days, prior to the scheduled hearing date, the contractor must furnish the City's Procurement Office a list of the defenses the contractor intends to present at the hearing. If the contractor fails to submit the list, in writing, at least seven (7) working days prior to the hearing or fails to seek an extension oftime within which to do so, the contractor shall have waived the opportunity to be heard at the hearing. The Debarment Committee has the right to grant or deny an extension of time, and for good cause, may set aside the waiver to be heard at the hearing, and its decision may only be reviewed upon an abuse of discretion standard. (e) Hearsay evidence shall be admissible at the hearing but shall not form the sole basis for initiating a debarment procedure nor the sole basis of any determination of debarment. The hearing shall be transcribed, taped or otherwise recorded by use of a court reporter, at the election Committee and at the expense of the City. Copies of the hearing tape or transcript shall be furnished at the expense and request of the requesting party. (f) Debarment Committee's decision. In actions based upon a conviction or judgment, or in which there is no genuine dispute over material facts, the Debarment Committee shall make a decision on the basis of all the undisputed material information in the administrative record, including any undisputed, material submissions made by the contractor. Where actions are based on disputed evidence, the Debarment Committee shall decide what weight to attach to evidence of record, judge the credibility of witnesses, and base its decision on the prepondenance greater weight of the evidence standard. The Debarment Committee shall be the sole trier of fact. The Committee's decision shall be made within ten (10) working days after conclusion of the hearing, unless the Debarment Committee extends this period for good cause. BID NO: No. 48-02/03 DATE: 06110/03 CITY OF MIAMI BEACH 53 (g) The Committee's decision shall be in writing and shall include the Committee's factual findings, the principal causes of debarment as enumerated in this ordinance, identification of the contractor and all named affiliate: affected by the decision, and the specific term, including duration, of the debarment imposed. (h) Notice of Debarment Committee's decision. (1) If the Debarment Committee decides to impose debarment, the City Manager shall give the contractor and any named affiliates involved written notice by certified mail, return receipt requested, or hand delivery, within ten (10) working days of the decision, specifying the reasons for debarment and including a copy of the Committee's written decision; stating the period of debarment, including effective dates; and advising that the debarment is effective throughout the City departments. (2) If debarment is not imposed,the City Manager shall notify the contractor and any named affiliates involved ,by certified mail. return receipt requested. or personal service, within ten (10) working days of the decision. (i) All decisions of the Debarment Committee shall be final and shall be effective on the date the notice is signed by the City Manager. Decisions of the Debarment Committee are subject to review by the Appellate Division of the Circuit Court. A debarred contractor may seek a stay of the debarment decision in accordance with the Florida Rules of Appellate Procedure. Section 2-406. Period of debarment. (a) 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. (b) The following guidelines in the period of debarment shall apply except where mitigating or aggravating circumstances justify deviation: (1) For commission of an offense as described in subsection 2404(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 ofan offense as described in subsection 2404(a)(54): two (2) to five (5) years. (5) For commission ofan offense as described in subsections 2404(b)(l) or (2): two (2) to five (5) years. (c) The Debarment Committee may, in its sole discretion, reduce the period of debarment, upon the contractor's written request for reasons such as: (1) Newly discovered material evidence; (2) Reversal of the conviction or civil judgment upon which the debarment was based; (3) Bona fide change in ownership or management; (4) Elimination of other causes for which the debarment was imposed; or (5) Other reasons the Debarment Committee deems appropriate. BID NO: No. 48-02/03 DA TE: 06/1 0/03 CITY OF MIAMI BEACH 54 (d) The debarment debarred contractor's written request shall contain the reasons for requesting a reduction in the debarment period, The City's Procurement Office, with the assistance of the affected department shall have thirty (30) days from receipt of such request to submit written response thereto. The decision of the Debarment Committee regarding a request made under this subsection is final and non-appealable. SECTION 2. SEVERABILITY. If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder shall not be affected by such invalidity. SECTION 3. CODIFICATION. It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is hereby ordained that the provisions of this ordinance shall become and be made a part of the Code of the City of Miami Beach, Florida. The sections of this ordinance may be renumbered relettered to accomplish such intention, and the word "ordinance" may be changed to "section", "article," or other appropriate word. SECTION 4. REPEALER. All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. SECTION 5. EFFECTIVE DATE. This Ordinance shall take effect on the 3rd day ofMarch,2000. PASSED and ADOPTED this 23rd day of February, 2000. BID NO: No. 48-02/03 DATE: 06110/03 CITY OF MIAMI BEACH 55 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 LETI'ERS 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 ofthe City and all respondents to Invitations for Bids, Requests for Proposals, Requests for Qualifications, Requests for Letters ofInterest, and purchase orders based on written or oral quotations, to have a clear and unequivocal procedure for resolving such protests in a timely and expeditious manner. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, as follows: Section 1. There is hereby added to Article VI of Chapter 2 of the City Code a new Section 2-371, which shall read as follows: Section 2-371. Authority to Resolve Protested Bids and Proposed Awards. (a) Right to Protest. Any actual bidder, qualified proposer, or interested parties (hereinafter collectively referred to as the "bidder") who has a substantial interest in, and is aggrieved in connection with the solicitation or proposed award of, a request for proposals ("RFP"), request for qualifications ("RFQ"), request for letters of interest ("RFLI') or invitation for bid for goods and/or services ("hereinafter, collectively referred to as the bid") may protest to the BID NO: No. 48-02/03 DATE: 06/10/03 CITY OF MIAMI BEACH S6 City Manager or his or her designee. Protests arising from the decisions and votes of any evaluation or selection committee shall be limited to protests based upon alleged deviation(s) from established purchasing procedures set forth in this Code, any written guidelines of the Procurement Department, and the specifications, requirements and/or terms set forth in any bid. (l) 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: No. 48-02/03 DA TE: 06/10/03 CITY OF MIAMI BEACH 57 (d)Authority to Resolve Protests. The City Manager or his or her designee shall have the authority to settle and resolve a protest concerning the solicitation or award of a bid. (e) Responsiveness. Prior to any decision being rendered under this Ordinance with respect to a bid protest, the City Manager and the City Attorney, or their respective designees, shall certify whether the submission of the bidder to the bid in question is responsive. The parties to the protest shall be bound by the determination of the City Manager and the City Attorney with regard to the issue of responsiveness. The determinatien ef the City Manager and the City I\ttomey v/ith regard te all preoedufal and teehnieal matters shall be final. (f) Decision and Appeal Procedures. If the bid protest is not resolved by mutual agreement, the City Manager and the City Attorney, or their respective designees, shall promptly issue a decision in writing. The decision shall specifically state the reasons for the action taken and inform the protestor of his or her right to challenge the decision. Any person aggrieved by any action or decision of the City Manager, the City Attorney, or their respective designees, with regard to any decision rendered under this section may appeal said decision by filing an original action in the Circuit Court of the Eleventh Judicial Circuit in and for Miami-Dade County, Florida, in accordance with the applicable court rules. Any action not brought in good faith shall be subject to sanctions including damages suffered by the City and attorney's fees incurred by the City in defense of such wrongful action. (g) Distribution. A copy of each decision by the City Manager and the City Attorney shall be mailed or otherwise furnished immediately to the protestor. (h) Stay of Procurements During Protests. In the event ofa timely protest under this section, the City shall not proceed further with the solicitation or with the award pursuant to such bid unless a written determination is made by the City Manager, that the award pursuant to such bid must be made without delay in order to protect a substantial interest of the City. (i) The institution and filing of a protest under this Code is an administrative remedy that shall be employed prior to the institution and filing of any civil action against the City concerning the subject matter of the protest. (j) Protests not timely made under this section shall be barred. Any basis or ground for a protest not set forth in the letter of protest required under this section shall be deemed waived. (k)At the time the City Manager's written recommendation for award of a bid is presented at a meeting of the Mayor and City Commission, the City Attorney, or his or her designee, shall present a report to inform the Mayor and City Commission of any legal issues relative to any bid protest filed in connection with the bid in question. (1) The determination of the City Manager and the City Attorney with regard to all BID NO: No. 48-02103 DATE: 06/10/03 CITY OF MIAMI BEACH 58 procedural and technical matters shall be final. Section 2. All ordinances, resolutions or parts thereof in conflict herewith be and the same are hereby repealed. Section 3. If any section, sentence, clause or phrase of this Ordinance is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the validity of the remaining portions of this Ordinance. It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is hereby ordained that the provisions of this Ordinance shall become and be made part of the Code of the City of Miami Beach, Florida, The sections of this Ordinance may be renumbered or relettered to accomplish such intention, and the word "ordinance" may be changed to "section," "article," or other appropriate word. Section 4. This Ordinance shall take effect ten (10) days after its adoption on the 19th day of Januarv. 2002. PASSED on First Reading this 19th day of December ,2001. PASSED and ADOPTED on Second Reading this 9th day of January. 2002. ~rP~ C CLERK F:\ATTOIAQ1JIl1IUlSOSIBIDPROTS.nm.cIoc ~ASlO I'~ & lANGUAGE & FOR EXECUTION ~ ~-a( BID NO: No. 48-02/03 DATE: 06/10/03 CITY OF MIAMI BEACH S9 ORDINANCE NO. 2003-3389 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING MIAMI BEACH CITY CODE CHAPTER 2, ARTICLE VII BY CREATING DIVISION 5 THEREOF ENTITLED "CAMPAIGN FINANCE REFORM", AND FURTHER AMENDING CITY CODE SECTION 38-6 ENTITLED "PROHIBITED CAMPAIGN CONTRIBUTIONS BY VENDORS" AND CITY CODE CHAPTER 2 BY TRANSFERRING SAID SECTION FROM CHAPTER 38 OF THE CODE TO CITY CODE CHAPTER 2, ARTICLE VII, DIVISION 5, RENUMBERING CODE SECTION 38-6 TO CODE SECTION 2-487; AMENDING SAME BY MANDATING THAT THE CITY PUBLISH NOTICE REQUIREMENTS OF THIS ORDINANCE, ESTABLISHING RESPONSIBILITY OF CANDIDATES FOR ELECTED OFFICE TO DETERMINE STATUS OF POTENTIAL DONOR AS VENDOR, CLARIFYING AND CREATING DEFINITIONS, CREATING ADDITIONAL WAIVER PROVISION WHEN TERMINATION OF EXISTING CONTRACT WOULD BE ECONOMICALLY ADVERSE TO CITY'S BEST INTERESTS; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1. That Miami Beach City Code Chapter 2, Article VII, is hereby amended by the creation of Division 5 thereof entitled "Campaign Finance Reform" and is further amended by transferring Section 38-6 entitled "Prohibited Campaign contributions by Vendors" from City Code Chapter 38 to City Code Chapter 2, Article VII, Division 5 and renumbering said Section 38-6 to Section 2-487, to read as follows: DIVISION 5. CAMPAIGN FINANCE REFORM Sec. 38-6 2-487. Prohibited Campaign Contributions by Vendors (atA. General. (1) ill} No person '.'Iho is a vendor to the eity shall give a campaign contribution directly,or throt:1gh a memeer of the person's immediate family, or thrOt:1gfl a pelitieal aetion eommittee, or tlH-ot:1gh any other person, indirectly to a candidate, or to the campaign committee of a candidate, for the offices of mayor or commissioner. Commencing on the effective date of this ordinance. all proDosed city contracts, as well as requests for proposals (RFPt requests for qualifications (RFO), reauests for letters of interest (RFLI). or bids issued bv the City. shall incorporate this Ordinance so as to notify potential vendors of the proscription embodied herein. Oll No candidate; or campaign committee of a candidate for the offices of mayor or commissioner, shall solieit 9r reeel'/e deposit into such candidate's campaign account any campaign contribution directly or indirectly from a person who is a vendor to the eity, or throt:1gh a member of the person's immediate family, or through 60 a palitieal aetieR eammittee, ar through aR-Y ether pers0B aR behalf of the person. This pr0hihiti0R applies to RatHfal perSOflS aRa to parSORS \'.~a hola a eomrolling fiRaneial iRterast iR business entities. Candidates (or those acting on their behalf) shall ensure compliance with this code section by confirming with the Procurement Division's City records (including City of Miami Beach website) to verify the vendor status of any potential donor. (2) A fine of up to $500.00 shall be imposed on every person who violates this prohibition section. Each act of solieitation, giving or reeeiviBg depositing a contribution in violation of this paragraph section shall constitute a separate violation. All contributions reeeived deposited by a candidate in violation of this pafagraph section shall be forfeited to the city's general revenue fund. (3) A person or entity who directly or throtigh a member af the persaB's immediate family, or thieugh a politieal actioR committee, or through any other person indirectly makes a contribution to a candidate who is elected to the office of mayor or commissioner shall be disqualified for a period of 12 months following the swearing in of the subject elected official from tniBsaeting business serving as a vendor with the city. This pmhibitiaB aR traRsaeting bl:lsiBess with the eity may be waived oRly iB the HlanFlef llr'8vided hereiBbelow iB sl:lbseetiofl (b). (4) As used in this section: (a) L A "vendor" is a person and/or entity who traRsaets busiRess with the eity, ef has been apllroved by the eity eammissioR to transaet busiaess '.villi the eity, er is listed OR the aity FflaRager's aPllraved vendor list. 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. 2. "Vendor" shall include natural persons and/or entities who hold a controlling fmancial interest in a vendor entity. 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 a corporation. partnership. business trust or any legal entity other than a natural person. 3. For purposes of this ordinance. "vendor" status shall terminate upon completion of the agreement for the provision of goods. eauipment or services. (Q) For purposes of this section, the term "services" shall mean the rendering by a vendor through competitive bidding or othelWise. of labor, professional and/or consulting services to the City of Miami Beach. 61 ~ ,^.. "eaatriolitiaB" is: -h A gift, slibseripliaB, COfi':eyanee, deposit, loaR, pa-ymeftt, or distribmioB of moaey ar anythffig of'/allie, iaeltlding eontrHmtiolls iB kind haviag an attriblitable mOBeta-ry vallie. ~ A tf&8sfer of fuads belY/eeB politieal eommittees, henveea committees of eeRtiali0Us eKistence, or betweea a politieal colIlHlittee and a eommittee of coatiauous existence. ;,. The payment, by my parsoB other than a eafldidate or politieal eommittee, of eompeHsatioR f{)r the persaRal serviees of aflother pemOR whieh are rendered to a eandidate or politieal eammittee without cha-rge to the candidate or committee for slica services. ~ The traflsfer of funds b)" a e&l'Bf)aigR keasurer or aeplity e&mpaiga treasurer ben'/eeB a primary deflository aRd a sepamte iRterest be&riag aoeooot or certifieate ef depesit, afld the term iRel\:1des afl)' interest e&rBed ea SQeh aoeotiat or eertifie&te. W The term contribution shall have the meaning ascribed to such term in Chapter 106. Florida Statutes. as amended and supplemented (copies available in City Clerks office). ~ B. Conditions for waiver of prohibition. The requirements of this section may be waived by a 517th vote for a particular transaction by city commission vote after public hearing upon finding that: (I) l\B open te all sealed eempetitive QiQ....Qr preposal has heeB s\:lbmitted &Hd the eity officialldoaee has ia ae way partieip&ted iR the determiB&tieB of the bid speoifie&tiens or bid a-ward; f21ill The pf'Operty goods. equipment or services to be involved in the proposed transaction are unique and the city cannot avail itself of such property goods. equipment or services without entering into a transaction which would violate this section but for waiver of its requirements; or (31ill The business entity involved in the proposed transaction is the sole source of supply withiB the eity as determined bv the City's Procurement Director in accordance with procedures established in section 2-367(c) of the Miami Beach City Code; or(41ill An emergency contract (as authorized by the City Manager l'ursuant to section 2-396 of the Miami Beach City Code) must be made in order to protect the health, safety or welfare of the citizens of the city, as determined by a five-sevenths vote of the city commission~: or ill A contract for the provision of goods. equioment or services exists which. if terminated by the City. would be adverse to the best economic interests of the City. 62 Any grant of waiver by the city commission must be supported with a full disclosure of the subject campaign contribution. te1C. Applicability. This section shall be applicable only to prospective transactions, and the city commission may in no case ratify a transaction entered into in violation of this section. SECTION 2. REPEALER All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. SECTION 3. SEVERABILITY If any section, sentence, clause or phrase of this ordinance is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the validity of the remaining portions of this ordinance. SECTION 4. CODIFICATION. It is the intention ofthe Mayor and City Commission of the City of Miami Beach, and it is hereby ordained that the provisions of this ordinance shall become and be made a part of the Code of the City of Miami Beach, Florida. The sections of this ordinance may be renumbered or relettered to accomplish such intention, and the word "ordinance" may be changed to "section", "article," or other . . SECTION S. EFFEcnvE DATE PASSED and ADOPTED this 8th cia)' of . 2003. This Ordinance shall take effect the _.~t!i_.day of Janua ATtEST: ~:r~ CITY ERK (Requested by Commissioner lose Smith, and approved by Comnllmity Affairs Committee) (passed on 1st Reading on December 11, 2002) JKO\kw F:\tmo\Ot.1MES.()JU)'J8-6.N2a.d<< ()rdi1laI1C.1Nol;.2003.;4~38t IIfNMDM10 fIORM&~ &IaADIiCU11ON ~ J:l:-;::~a:L- 63 F:\PUROSALL \Roman\ORDINANCES\CAMP AIGN ORDINANCE2003-3389.doc ORDINANCE NO. 2002-3363 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING MIAMI BEACH CITY CODE CHAPTER 2, DIVISION 3, SECTION 2-485 THEREFORE ENTITLED "LIST OF EXPENDITURES; FEE DISCLOSURE; REPORTING REQUIREMENTS", BY REQUIRING DISCLOSURE OF LOBBYIST' FEES; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1. That Miami Beach City Code Chapter 2 entitled "Administration", Division 3 entitled "Lobbyist", Section 2-485 thereof is hereby amended to read as follows: Sec. 2-485. List of expenditures; fee disclosure; reporting requirements. a. On October 1 of each year, lobbyist subject to lobbyist registration requirements shall submit to the city clerk a signed statement under oath as provided herein listing all lobbying expenditures in the city for the preceding calendar year. A statement shall be filed even if there have been no expenditures during the reporting period. The statement shall list in detail each expenditure by category, including food and beverage. entertainment, research, communication, media advertising, publications, travel. lodging and special events. b. Each lobbyist ~~I:fhri!h~rt{~t'i~eta:>~1 shall. before enaaaina in anv lobbvina activities. submit to the City Clerk a Ib;i1t sianed statement under oath disclosina the terms and amounts of comoensation (to be) oaid bv each orincioal to the lobbyist with reaard to the soecific issue on which the lobbyist has been enaaaed to lobby~~iiiti~~mll i .,' ~AQ~atillf,li9~!takirid9IaOEl.SlJD'rt:tif'ititlt();Fe~;':~\a;;ilnta _.~~'d~~[b:~irid!the;iior'fri~,~nd~,*,~Atc;)fi'~~b:~';ti~~lirl~}"rmrd11i _8rR~~Bi.a'a6at('j5t~b6~/. If no comoensation has or will be oaid concernina the subiect lobby services. a statement shall nonetheless be filed reflectina as such. 64 c. a tin 6if~i[thi'{,ijtfjtiM;:;,tit~Hdh1~nt. The lobbyist (~c:af'ld principal) h~$:{fiave a continuing duty to supply accurate information and amend said reports when so needed. (9) !Q1 The city clerk shall notify any lobbyist (or orincioal) who fails to timely file an the expenditure or fee disclosure reports referenced in sections (a) and (b) above. In addition to any other penalties which may be imposed as provided is section 2-485.1, a fine of $50.00 per day shall be assessed for reports filed after the due date. (s) Uti The city clerk shall notify the Miami-Dade County Commission on Ethics and Public Trust of the failure of a lobbyist (or orincioal) to file a either of the reports referenced above and or pay the assessed fines after notification. (Eij ill A lobbyist (or orincioal) may appeal a fine and may request a hearing before the Miami-Dade Commission on Ethics and Public Trust. A request for a hearing on the fine must be filed with the Miami-Dade Commission on Ethics and Public Trust within 15 calendar days of receipt of the notification of the failure to file the required disclosure form. The Miami-Dade Commission on Ethics and Public Trust shall have the authority to waive the fine, in whole or in part, based on good cause shown. SECTION 2. REPEALER All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. SECTION 3. SEVERABILITY If section, sentence, clause or phrase of this ordinance is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the validity of the remaining portions of this ordinance. 65 SECTION 4. CODIFICATION It is the intention of the Mayor and City Commission ofthe City of Miami Beach, and it is hereby ordained that the provisions of this ordinance shall become and be made a part of the Code of the City of Miami Beach, Florida. The sections of this ordinance may be renumbered or relettered to accomplish such intention, and the word "ordinance" may be changed to "section", "article", or other appropriate word. SECTION 5. EFFECTIVE DATE This Ordinance shall take effect 18th day of ~2002. PASSED and ADOPTED on Second Reading this 8th day of Mav, 2002. A TrEST: JWP~ CITY CLERK (Requested by Commissioner Matti Bower and Co-sponsored by Commissioner Simon Cruz, Jose Smith and Richard Steinberg) IStiadedJal19uage reflects changes between first and second reading. JKO\kw F:A TTOIOLlJ\RES-ORDI2-485.0RD.DOC APPROVED I'S 10 FORM & LANGUAGE & FOR execUllON J AJ MOl JJJ.._ 1-/"'!j-(jV ~~o. 66