Citywide Elevator MaintenanceINVITATION FOR BIDS
CITYWIDE MAINTENANCE OF ELEVATORS
BID # 55-02/03
BID OPENING: AUGUST 14, 2003 AT 3:00 P.M.
Gus Lopez, CPPO, Procurement Director
City of Miami Beach - Procurement Division
1700 Convention Center Drive
Miami Beach, FL 33139
F:~PURC\$ALLLMARTA\Bids\02-03LITB 55-02-03.doc
BID NO: 55-02/03
DATE: 7/18/03
CITY OF MIAMI BEACH
1
CITY CLERK
AGREEMENT
THIS AGREEMENT made this 10th day of September 2003, A.D. between the CITY OF
MIAMI BEACH, a Florida-municipal corporation, hereinafter called the City, which term
shall include its successors and assigns, party of the one part, and
KONE, INC.
ONE KONE COURT
MOLINE__,_IL 61265
hereinafter called the Contractor, which term shall include its heirs, successors and assigns, party of the
other part.
WITNESSETH that the said Contractor for the consideration and compensation herein agreed to be
paid and the said City in consideration of the service to be provided by said Contractor and designated
"CITYWlDE MAINTENANCE OF ELEVATORS" by said City, do hereby mutually agree as
follows:
1. This Agreement shall extend to and be obligatory upon said City, its successors and assi~tms,
and upon said Contractor and its heirs, successors and assigns. Neither this Agreement nor any
part thereof nor any part of the Work herein contemplated, shall be assigned or sublet, nor shall
any sums of money provided to be paid to said Contractor be assigned by said Contractor to
anyone without the consent of the City Commission of said City evidenced by its resolution.
2. The foregoing pages of this booklet, including the Notice to Contractors, the Proposal, and the
Contract Documents and such alterations as may be made in said Plans and Specifications as
therein provided for, are hereby referred to and made a part of this Agreement and the terms
and conditions set forth therein, except when in direct conflict with this written Contract, are as
much a part hereof as if copied herein. If conflicts exist between them and this written
instrument, only that part of the matter in direct conflict herewith shall not be construed to be a
part hereof.
3. The contract shall remain in effect from time of award until September 30, 2005. This contract
could be extended for an additional three (3) years, on a year to year basis, if mutually agreed
by upon both parties.
4. The contractor shall furnish all labor, materials, tools, and equipment necessary to provide
maintenance of elevators for the City of Miami Beach, nothing being required of the City
except that it may, at its expense, supervise such work and enter upon and inspect the same at
all reasonable times.
5. If any dispute arises between the City and said Contractor with reference to the meaning or
requirements of any part of this Contract and they cannot agree, the more stringent
requirements shall govern as determined by the City.
ITB 55-02/03
Agreement Page 1 of 3
10.
11.
If the Contractor shall complete the service herein contemplated in a good and workmanlike
manner in accord herewith, the said City shall pay to the Contractor the contract sum in
accordance with the Conditions of the Contract.
The Contractor shall file Insurance Certificates, as required, and they must be signed by a
Registered Insurance Agent licensed in the State of Florida and approved by the City of Miami
Beach Risk Manager.
All documents shall be executed satisfactorily to said City and until Insurance Certificates have
been filed and approved, this Contract Agreement shall not be effective.
Owner shall pay Contractor for performance of the Work in accordance with the Contract
Documents in current funds at the lump sum or unit prices presented in the Bid Proposal,
attached to this Agreement. The parties expressly agree that the Contract Price is a stipulated
sum except with regard to the items in the Bid which are subject to unit prices.
Not to Exceed Contract Price: $ 43,420
The Contract Documents which comprise the entire Agreement between City and Contractor
are attached to this Agreement and made a part hereof.
The Contract Documents may only be amended, modified or supplemented as provided in the
General Conditions.
IN WITNESS WHEREOF the said City has caused this Agreement to be signed by the Mayor of the
City of Miami Beach, Florida and its corporate seal to be affixed, attested by the City Clerk of the City
of Miami Beach and the said Contractor has caused this Agreement to be signed it its name.
By
KONE INC.
(sEaJ )
(Authorized Cort~or~te Officer)
BI'lice ~oraen
Vice President
Service Sales
Title
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
iEACH
Mayor
ATTEST:
City Clerk
' ~i~A~om~-. Date
ITB 55-02/03
Agreement Page 2of 3
· ACORD. CERTIFICATE OF LIABILITY INSURANCE
KO~:I-1 10/21/'03
,~=ucm THIS CER~TE ~ I~UED AS A MA~ER OF INFOR~T~N
~LY ~D ~NF~ ~ ~HT~ U~N THE CERTIF~TE
~ · ~sooia~es, Z~. H~DER. T~ CER~ATE ~ NOT AMEND, EXTEND OR
233 ~. ~g~ Ave. ALTER THE COVERAGE AFFORDED BY THE ~E8 BELOW.
~ ZL 60601
Ph~: 312-856-9400 Fax: 312-856-9425 INSURERS~FOR~NG~GE
~ ~"~ ~ Ca~lty Co.
~1~ IL 61265
COVERAGES
11-~ p~ OF INSURANCE LISI~D BELOW HAVE B~I3~ }~ ~D TO THE IN~tlRED NAMED ABO~ FOR THE POUCY PEI%~O IND~..ATED. NO~~
~ REQUIREMENT. TEF~I OR COM~TION OF ANY CONTRACT OR OTHER DOC:~MENT WITH ~ESPECT TO WHICH TH~ CERTIFICATE MAY BE ISSUED Of~
MAy PERTNN, THE IN~tJRN~ICE N=FOR~ED BY THE POCICIES DESCRIBED ~ I$ _~_m_ ~CT TO ALL THE ~, EXCLUStONS ANO CON~XT~ OF SUCH
omm~.u~mu~ e~c. ~:C~CE s 1,000 ~ 000
A X X I ccx~,e~'w_~.u~cn~ ECL223465480 01/01/03 01/01/04
J cc~,t~ M~ I~--] OC~ MEO E~ r,~q~y one pe.,o~, S
~so~ a ~ov ~w~ s 1,000,000
Maintenance under Co~traet $ 40056120 effect/ye 10/20/03. Project: Citywid~
Mainte~noe of Elevator, C/ty of M~-m4 Beach. City c~ Mi~ Beaoh is
inolu4~-d as Additional Ir~red.
C ERTIFK~ATE HOLDER CANCELLATION
City o~ ~...,~4 Beach
City ~all
1700 convent/on center Dr
Hi=~ Beach FL 33139
ACORD 25 (2001/~)
DATE (MM/DD/YY)
ACORD CERTIFICATE OF INSURANCE
PRODUCER Sedal# 12151 THIS CERTIFICATE iS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS ~ THE CERTIFICATE
AON RISK SERVICES, INC. OF ILUNOIS HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
1000 NORTH MILWAUKEE AVENUE ALTER THE COVERAGE AFFORDED BY THE POUCIES BELOW.
GLENVlEW, IL 6~2E COMPANIES AFFORDING COVERAGE
DBA AON RISK IN~JRANCE ~ERVICES OF lUJNOI$, CA LIC~ NO.
~ COMPANY ZURICH AMERICAN INSURANCE COMPANY
A
IN~JRED COMPANY
B
KONE INC.
ONE KONE COURT COMp~
MOUNE, IL 61265 C
ATTN: LAW DEPARTMENT FAX~. 309-743-5800 COMPANY
D
I
COVERAeE$
THIS IS TO CERTIFY THAT THE POLICIES OF INSUPJU~CE LISTED BELOW/HAVE BEEN ISSUED TO ~ INSURED NAMED ABOVE FOR THE POLICY PERIOD
INENCATED, NOTVtffFHSTANDiNG ~ REQUIREMENT, TERM OR CONDrFION OF ANY ~ OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE/I~-FORDED B Y THE POliCIES DESCRIBED HEREIN IS SUBJECT TO ALI. THE TERMS,
EXCLUSIONS AND ~ OF SUCH POUClES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLNMS.
CO TYPE OF IN~JI~%NCE POLICY NUMB DATE (.~ DATE (MIM:X:)IYY] LIMITS
LTR
G~J~j~L LLa~IUTY GENERAL AGGREGATE $
COMMERC~L GENERAL UA.L~Y I=ROOUCTS - COMP/OP AGG
I CLNMS MADE I---~ OCCUR PERSONN. & ADV INJURY
)WNER'S & CONIl~'TOR'S PROT EACH OCCURRENC~ $
F1RE DAMAGE (Any =fie fire) $
MED EXP (Any m~e pe~cm) $
A AUl*O~aOlaLE LL,~mLn'Y BAP8242063 (AOS) 01/01/2000 01/01/2005 COM=NEGS~r~LE uurr $ 2,000.000
X ANYAUTO TAP8242664 (TX) 01/01/2000 01/01/2005
ALL OWNEO AUTOS BAP9302163 (VA) 01/01/2002 01/01/2005 BOO,.¥~N~UEy S
SCHEDULED AUTOS ~ ~r/0'~ (Pm
HIRED AUTOS BOO~LY ~UURY $
NON-OWNED AUTOS (Pm
PR(X~=t< i ¥ DAMAGE $
(~q,A~ E ~LI~Y AUTO ONLY. EA ACCIDENT
~ AU~O OTHER THAN AUTO ONLY:
EACH ACCIDENT
AGGREGA3~ $
EXCr~ ~ F~CH OCCURRENCE $
UM~REM.~ ~ AGGREGATE $
OTHER THAN UMI~REL!.A FORM $
A WC 24 S(AOS) 01/01/2000 01/04/2005 X I,o u, I
A ~m. OYE~S" Luu~rr~ WC8242067 (WI) EL EACH ACCIDENT $ 1,000,000
~ 1~3~llEr~J ~ INCL EL DISEASE- POI. ICY uMrr $ 1,000,000
OFRCERS~E EXCL ELD~SEASE-EA EMPLOYEE $ 11000~000
OTHER
r~_~_~- ~ON OF O~RATION~t. OCATION~VEHIC~ ~
CI'FYVVlDE MAINTENANCE OF ELEVATORS, CITY OF MIAMI BEACH
KONE # 40056120
CITY OF MIAMI BEACH EXm~TmN DATE ~HI~EG~, mE ~SS~I~ CO~P~W ~aU. ENCe-~VON IO ~.
CITYAHLL 30 I~¥s w~ai~=. NO~CETO THEC~I~RC~TEhX)L~EG1O T~E
1700 CONVENTION CENTER DR. eu~ FAILUBE TO ~JL ~JCH NOTICE ~ IMI~3~E NO OBUGATICN ON MAB#.ITY
MIAMI BEACH, FL 33139 OF ~NY KINO UPON THE COMPANY, I~S AGENTS OR REFflESENI'ATIVES.
I
U-JI=MPROI~t(ONEINC/KONF_JKONE 12.FP3
THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY
BLANKET ADDITIONAL INSURED ENDORSEMENT
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
VVho is an Insured (Section II) is amended to include as an insured any person or organization (called
additional insured) whom you are required to add as an additional insured on this policy under:
A wdtten contract or agreement; or
An oral agreement or contract where a certificate of insurance showing that person or
organization as an additional insured has been issued; but
The wdtten or oral contract or agreement must be:
a. Currently in effect or becoming effective dudng the term of this policy; and
Executed pdor to the "bodily injury", "property damage', "personal injury", or
"advertising injury".
The insurance provided to the additional insured is limited as follows:
That person or organization is only an additional insured with respect to liability adsing
out of:
a. Premises you own, rent, lease, or occupy; or
b. "Your work" for that additional insured by or for you.
The Limits of Insurance applicable to the additional insured are those specified in the
written contract or agreement or in the Declarations for this policy, whichever is less.
These Limits of Insurance are inclusive and not in addition to the Limits of Insurance
shown in the Declarations.
The insurance provided to the additional insured does not apply to "bodily injury", "property damage",
"personal injury", or "advertising injury" adsing out of an architect's, engineer's, or surveyor's rendering of or
failure to render any professional services including:
1. The preparing, approving, or failing to prepare or approve maps, drawings, opinions,
reports, surveys, change orders, design or specifications, and
2. Supervisory, inspection, or engineering services
Any coverage provided hereunder shall be excess over any other valid and collectible insurance available to
the additional insured whether pdmary, excess, contingent or on any other basis unless a contract
specifically requires that this insurance be pdmary or you request that it apply on a pdmary basis.
Additional Insured: City of Miami Beach
INSURED: KONE, INC. ENDORSEMENT A
POLICY #: PCL 223465480 CONTRACT: # 40056120
EFFECTIVE: 111103 to 1/1/04 PROJECT: City of Miami Beach, Florida
htt p:l/formnet-ci, cna comJglhtm/cna0422.htm 12/24/2002
CITY OF MIAMI BEACH
CITY I-b~LL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 ~
w~w~.mlamlbeachfl, ov ~
To:
From:
Subject:
COMMISSION MEMORANDUM
Mayor David Dermer and Date: September 10, 2003
Membem of the City Commission
Jorge M. Gonzalez ~ . ~
City Manager dC/"' ~
REQUEST FOR APPROVAL TO AWARD A CONTRACT TO KONE, INC,,
IN THE ANNUAL ESTIMATED AMOUNT OF $43,420, PURSUANT TO
INVITATION TO BID NO, 55-02103, FOR THE ClTYWlDE MAINTENACE OF
ELEVATORS
ADMINISTRATION RECOMMENDATION:
Approve the Award.
BID AMOUNT AND FUNDING:
$43,420 Funds are available from Property Management Accounts 520.1720.000325 and
250.1720.000342, and Parking Department Accounts 480.0463.000325 and
480.0463.000342, allocated for Fiscal Year 03/04 for elevator maintenance and
repairs.
ANALYSIS:
Invitation to Bid No. 55-02/03 (the "Bid") was issued on July 18, 2003, with an opening date
of August 20, 2003. BidNet issued bid notices to 5 prospective bidders. Additionally, the
Procurement Division sent the bid announcement to the "BB-Bid", the online bidding and
procurement system powered by the Blue Book database, thus inviting another 31
prospective bidders. The notices resulted in the receipt of four (4) bids.
The purpose of the Bid is to establish a contract, by means of sealed bids, for citywide
maintenance of elevator and elevator repair services, from a source of supply that will give
prompt and efficient service.
Atlantic Elevator Sales and Service, Inc., the current contractor, provided a bid but was not
deemed to be the lowest and best.
The lowest and best bid was received from KONE, Inc. This contractor has been in
business for 111 years as a specialty mechanical contractor (Elevator). The Procurement
Division obtained favorable references from the following agencies:
· Jackson Memorial Hospital;
· Olympus Association;
· Miami-Dade Aviation Department; and
· The Miami Herald.
13
Bid No. 55-02/03
September 10, 2003
Page 2
The contract with KONE, Inc. shall remain in effect from time of award until September 30,
2005. The contract may be extended for an additional three (3) years, on a year-to-year
basis, if mutually agreed by upon both parties. At time of renewal each year, the City will
negotiate an adjustment based on Consumer Pdce Index (CPI) increase.
RECOMMENDATION
Based on the analysis of the bids received, it is recommended that the City award the
contract to the lowest and best bidder, KONE, INC.
BID TABULATION:
GROUP I. MAINTENANCE AGREEMENT
Item De~_¢ripflon Kone Elevator Atlantic Elevator Executive Elevator ThyssenKrupp
CITY HALL $ 2701month $ 334/month $ 5491month $ 387/month
1 (2 Elevators)
POLICE STATION 240 420 509 465
2 (3 Elevators)
HISTORIC CITY HALL 490 590 886 620
3 (2 Elevators)
1TTH ST PARKING 425 700 890 625
4 (5 Elevators)
42ND ST PARKING 430 590 624 464
5 (2 Elevator s)
13TH ST PARKING 170 280 364 250
6 (2 Elevators)
S. SHORE COMMUNITY CTR 90 127 161 94
7 (1 Elevutoi-)
sCOTF RAKOW YOUTH CTR 85 127 141 94
8 (1 Elevator)
BASS MUSEUM 85 127 141 94
9 (1 Elevator)
TOTAL MONTHLY COST $ 2,285 $ 3,295 $ 4,265 $ 3,093
(19 Eievak, r~)
TOTAL ANNUAL COST $ 27,420 $ 39,640 $ 51,180 $ 37,116
(19 Elevators)
GROUP II. REPAIRS NOT COVERED UNDER MAINTENANCE AGREEMENT (Estimated $16,000/Yesr)
I Hourly Labor Rate I $102.001hour $125.00/hour $130.00/hour $139.92Jhour
2 Hourly Labor Rate II $175.001hour $ 212.50/hour $ 260.00/hour $ 209.88/hour
Parts and Supplies to be Coat Cost Cost Cost
3 supplied at ven~,~,rs
T:~AGENDA/2003~sep1003\consent~citywide elevator maint, bid 55 memo.doc
14
CITY OF MIAMI BEACH
1700 CONVENTION CENTER DRIVE, MIAMI BEACH, FLORIDA 33139
http:\\miamibeachfl.gov
PROCUREMENT DIVISION
Telephone (305) 673-7490
Facsimile (305) 673-7851
INVITATION TO BID NO. 55-02/03
ADDENDUM NO. 2
August 12, 2003
CITYWIDE MAINTENANCE OF ELEVATORS is amended as follows:
Bid opening date is changed from August 14, 2003 to August 20, 2003 at 3:00 p.m.
REPLACE pages 32 through 36 of the Bid Documents with the attached amended
pages. Revised pages reflect the deletion of two glass back elevators from City Hall and
deletion of Elevators being maintained under separate contracts.
III.
IV.
VI.
ADD the following clause to the Bid Documents, page 20:
2.8. OPTION TO RENEW WlTH PRICE ADJUSTMENT:
The contract could be extended for an additional three (3) years, on a year to year basis,
if mutually agreed by upon both parties. At time of renewal each year, the City will
negotiate an adjustment to price based on Consumer Price Index increase.
ADD the following clause to the Bid Documents, page 23:
3.2. NON PROPRIETARY EQUIPMENT:
No proprietary software or hardware shall be utilized in this bid. All equipment utilized
shall be generic and non-proprietary.
ADD the following language to clause 3.7. of the Bid Documents, page 26:
Upon notification by City staff, the elevator contractor shall provide a telephone response
time of two (2) hours or less and provide the physical response time to the outage. A
physical response to the outage by an elevator technician shall be within four (4) business
hours of the call. Should the response time take longer than eight (8) hours on a regular
business day, a $200 per day fine shall be assessed against the contractor for lack of
performance. Five or more accumulated fines during a 30 day period shall be deemed as
grounds for contract cancellation and the contract may be awarded to the secondary
contractor.
A list of contact personnel and telephone numbers for each location will be provided to
the awarded bidder(s) before award/execution of the contract.
ITB No. 55-02/03
Addendum 2
Page 2
VII.
The following are answers to questions submitted by prospective bidders:
1. Please find our request for you to consider alternate language to clause 1.36
Cancellation: Delete "...for any reason," and insert "... for cause,"; and 1.67
Indemnification: Notwithstanding the above, Contractor's responsibility, liability,
indemnification and hold harmless shall in no way include the acts, actions, neglects or
omissions, in whole or in part, by the City, its officers, officials, agents, employees or
any other persons not employed by the Contractor.
The City's Legal Department advised that the language for Clauses 1.36 and 1.67 is
to remain as originally stated in the bid documents.
Will the present vendor be responsible for obtaining the final inspection and sign off of
the elevators recently upgraded in City Hall (Two Glass Elevators located at 1700
Convention Center Drive?
Yes, the present vendor is the permit holder for the Modernization.
Will the present vendor be responsible for performing the past due five (5) year safety
test on the two elevators located at Historic City Hall (test was due May 2003)?
Yes.
Section 2.19 References. This section requires a list of "projects or contracts .... for
$50,000 or higher". There are few single properties located in Miami Dade County
which would have a monthly elevator maintenance charge of $50,000 or higher. What
calculation method will be used to assess the value of an ongoing, self renewing service
maintenance agreement, as we have with the majority of our service clients? Should this
be calculated on the length of tenure on a specific job (i.e. Maintained elevators at "X"
Building for a period of 18 years/or 108 months at an average monthly charge of $500
for a total value to date of $54,000.00)? Please advise. Is a completed Modernization
Project, with a value greater than $50,000.00 acceptable as a reference?
Minimum requirement for annual service maintenance agreement is hereby revised
to be $20,000 or higher; minimum requirement for a completed modernization
project remains at $50,000 or higher. References for either an annual service
contract with a single client in the amount of $25,000 or higher, or completed
modernization projects with a value greater than $50,000 are acceptable as
references. Bidders are required to provide at least four separate references (either
service agreements or modernization projects) which meet the minimum
requirement as stated above.
ITB No. 55-02/03
Addendum 2
Page 3
Bidders are reminded to please acknowledge receipt of this addendum with their proposals or the bid
may be considered non-responsive.
CITY OF MIAMI BEACH
Gus Lopez, CPPO
Procurement Director
mf
SCHEDULE OF EQUIPMENT TO BE MAINTAINED
1. CITY HALL
1700 Convention Center Drive
Front/ Capacity Spe=d
D # I Make Type Landings Rear lbs. FPM
D-4977 MONTGOMERY ................................ 4 4 F
Hydraulic/Passenger
D-4980 MONTGOMERY ~;~;;~ 4 t ' 4F/1R 3,500 j 350
POLICE STATION
1100 Washington Avenue
ID #
D-6574
D-6575
D-6576
Make
DOVER
DOVER
MOWERY
Type
Hydraulic/Passenger
Hydraulic/Passenger
Hydraulic/Passenger
I Front/ Capacity
Landings Rear lbs.
4 I 4 ......... .o_ ....
4 t ..f~_E ................. 2,500
i 4 F 4,000
Speed
FPM
125
425
400
3. HISTORIC CITY HALL
1130 Washington Avenue
ID # t Make I Type Landings Rear lbs. FPM
D-6661 DOVER Traction 8 ............... ~.1~ ........................ ~,_50_.0___ 350
D-6660 DOVER Traction 8 8 F 2,500 350
4. 17TH STREET PARKING GARAGE
1701 Meridian Court
Front/ Capacity Speed
Type Rear lbs. FPM
ID # Make Landings
D-5083 DOVER Hydraulic/Passenger 5 i 5 F .. 2_5.p__0___ 200
_.._D__~5 _0.8. 4- DOVER Hydraulic/Passenger t 5 t 5F ~.......__2_.5_0_0 .... 200
D-4989 DOVER Hydraulic/Passenger 5 5 F 2,500 200
D-4990 DOVER I Hydraulic/Passenger 5 5 F 2,500 200
D-4991 DOVER Hydraulic/Passenger 5 i 5 F 2,500 200
BID NO: 55-02/03 CITY OF MIAMI BEACH AMENDED
DATE: 7/18/03 32 8/12/03
Schedule of the Equipment to be Maintained
5. 42~D STREET PARKING GARAGE
42"a Street and Sheridan Avenue
Front/ Capacity Speed
ID # Make Type Landings Rear lbs. FPM
D-4403 DOVER Traction 5 5 F ..... _2_.,_5_0. 9- 350
D-4404 DOVER Traction 5 t 5 F 2,500 350
6. 13TM STREET PARKING GARAGE
1301 Collins Avenue
Front/ Capacity Speed
ID # Make Type Landings Rear lbs. FPM
D-7407 Hydraulic/Passenger
..................................... MODERN I 5 · 5 F ......... ~,~gP. ........ t--.-.1-(~-0.---
D-7408 I MODERN I Hydraulic/Passenger 4 4 F i 2,500 ~ 100
ID # Make
D-5173 ESS
SOUTH SHORE COMMUNITY CENTER
833 6th Street
Type
I Hydraulic/Passenger
Front/ Capacity
Landings, Rear lbs.
2 ! 2 F ! 3,500
Speed
FPM
100
SCOTT RAKOW YOUTH CENTER
2700 Sheridan Avenue
ID # Make
D-5163 DOVER
Front/
Type Landings ~ Rear
~ ! 2F
Hydraulic/Passenger ! 2
Capacity Speed
lbs. = FPM
1,500 ! 100
9. BASS MUSEUM
2121 Park Avenue
Front/ Capacity Speed
ID # Make Type Landings Rear lbs. FPM
D-3369 I DOVER Hydraulic/Passenger I 2 2 F/2R ; 2,500 125
BID NO: $$-02/03 CITY OF MIAMI BEACH AMENDED
DATE: 7/1 $/03 33 8/12/03
THIS PAGE LEFT BLANK INTENTIONALLY
BID NO: 55-02/03
DATE: 7/18/03
CITY OF MIAMI BEACH
34
AMENDED
8/12/03
CITYWIDE MAINTENANCE OF ELEVATORS
BID # 55-02/03
Bid Proposal Page 1 of 3
COMPANY NAME:
GROUP I. ELEVATORS TO BE MAINTAINED
We propose to furnish all labor, materials, tools, and equipment necessary to provide maintenance of
elevators for the City of Miami Beach in accordance with these specifications.
ITEM / DESCRIPTION MONTHLY RATES
1. CITY HALL
(I) Hydraulic (1) Traction Passenger Elevators
$ /Month
2. POLICE STATION
(3) Hydraulic Passenger Elevators
$ /Month
3. HISTORIC CITY HALL (2) Elevators
(2) Traction Passenger Elevators
4. 17xt~ STREET PARKING GARAGE
(5) Hydraulic Passenger Elevators
5. 42N" ST PARKING GARAGE
(2) Traction Passenger Elevators
6. 13TM STREET PARKING
(2) Hydraulic Passenger Elevators
$ /Month
$ /Month
$ /Month
$ /Month
7. SOUTH SHORE COMMUNITY CENTER
(1) Hydraulic Passenger Elevator
$ /Month
8. SCOTT RAKOW YOUTH CENTER
(1) Hydraulic Passenger Elevator
$ /Month
9. BASS MUSEUM
(1) Hydraulic Passenger Elevator
$ /Month
BID NO: 55-02/03 CITY OF MIAMI BEACH AMENDED
DATE: 7/18/03 35 8/12/03
CITYWIDE MAINTENANCE OF ELEVATORS
BID # 55-02/03
Bid Proposal Page 2 of 3
COMPANY NAME:
GROUP I1. REPAIRS NOT COVERED UNDER MAINTENANCE AGREEMENT
At the City's sole discretion, additional services other than those specified in this solicitation,
may be requested and will only be authorized by the contract administrator or his designee.
HOURLY LABOR RATES (Section 2.16)
Should additional work be required, not identified in the Bid Specifications, we propose to provide
the work at the following rates.
HOURLY LABOR RATE I:
(Straight time non-specified repairs)
HOURLY LABOR RATE II:
(Overtime non-specified repairs)
$ /Hour
$ /Hour
PARTS AND SUPPLIES (Section 2.14)
Should parts and supplies be required in connection with work not specified in the bid documents,
we propose to furnish at the following rate:
PROVIDE PARTS AND SUPPLIES AT VENDOR'S: COST
BID NO: 55-02/03 CITY OF MIAMI BEACH AMENDED
DATE: 7/18/03 36 8/12/03
CITY OF MIAMI BEACH
1700 CONVENTION CENTER DRIVE, MIAMI BEACH, FLORIDA 33139
http:\~miamibeachfl.gov
PROCUREMENT DIVISION
INVITATION TO BID NO. 55-02/03
ADDENDUM NO. 1
July 31, 2003
Telephone (305) 673-7490
Facsimile (305) 673-7851
CITYWIDE MAINTENANCE OF ELEVATORS is amended as follows:
II.
A site visit is scheduled for Tuesday, August 5, 2003 at 10:00 a.m. Please meet at the
City Hall 1st Floor Lobby area.
The following information relative to issues raised or discussed at the pre-bid
conference is hereby incorporated and made part of Bid No. 55-02/03:
A. Last bid results - Copy of the last bid results are attached for bidder's reference.
Indemnity Clause - Bidder to submit in writing request to consider alternate language
for indemnity clause. This request will be forwarded to the Risk Management
Department for review and response is to be provided in subsequent addenda.
Section 3.5.10 - The following language shall be added to the 4th line on paragraph
3.5.10 Hydraulic Elevators (page 25): "...hydraulic lines condition,..." (Language in
Italic denotes added language).
D. Access to Buildings - A list with contact information for each location to be provided
by the City in subsequent addenda.
Elevators covered under separate contract- Bidders are not required to provide a bid
amount for those elevators that are currently maintained under separate contracts. Delete
page 34 of the Bid Documents. Page 36 will be revised in subsequent addenda to
reflect the deletion of"Group 11. Elevators Currently under Separate Contract".
Options to Renew. The prices quoted by the bidder on the Bid Form shall be fixed and
finn through September 30, 2005. Language addressing the renewal options for three
additional years, on a year to year basis, with price adjustments will be added to the Bid
Documents in subsequent addenda.
Method of Award. Award of this contract will be made to primary and secondary lowest
responsive, responsible bidders per location meeting the specifications as established by
the Bid Documents.
H. Presentations. Otis requested the opportunity to give a presentation to the decision
makers on this project. Presentations are/will not be part of the bidding process,
however, prospective bidders, may provide written recommendation/suggestions for
revised specifications, within industry standards that may be of greater value to the City,
for the City's review. Should the City then decide to revise the specification (Scope of
Work), all prospective bidders will receive the subsequent addenda.
Bidders are reminded to please acknowledge receipt of this addendum with their proposals or the bid
may be considered non-responsive.
CITY OF MIAMI BEACH
Gus Lopez, CPPO
Procurement Director
mf
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
httpl :\\ci.miami-beach.fl.us
COMMISSION MEMORANDUM NO.
TO:
FROM:
SUBJECT:
Mayor Neisen O. Kasdin and
Members of the City Commission
DATE: November 4, 1998
Sergio Rodriguez
City Manager
Request for Approval to Award a Contract to Atlantic Elevator Sales & Service,
Inc., in the Estimated Annual Amount of $36,648, Pursuant to Bid No. 93-97/01
for City Wide Maintenance of Elevators.
ADMINISTRATION RECOMMENDATION
Approve the award.
FUNDING
$20,940 Funds are available from Property Management Account No. 520-1720-000325
$15,708 Funds are available from Parking Department Account No. 480-463-000325
BACKGROUND
This Invitation for Bid was issued on July 24, 1998, with an opening date of August 25, 1998. Three
(3) notices and seven (7) specifications were mailed. A Pre-Bid Conference was conducted on
August 11, 1998, two (2) responsive bids and two (2) no-bid responses were received.
The purpose of this bid is to establish a two-year contract for the supply of all labor, materials, tools,
and equipment necessary to provide maintenance &elevators as detailed on the attached tabulation,
and to provide for unspecified parts and repairs at pre-established rates. This bid contains an option
to renew for two additional years on a year to year basis.
ANALYSIS
Atlantic Elevator Sales & Service Mowrey Elevator Service Company
Total Monthly Cost (22 Elevators) $3,054.00 $4,785.00
Hourly labor rate I $8$.00/hour $68.$0/hour
(Straight time non-specified repairs)
Hourly labor rate I1 $144.50/hour $100.00/hour
(Overtime non-specified repairs)
Parts to be supplied at__% over 15.00% 10.00%
vendor's cost.
Bid No. 93-97/01
November 4, 1998
Page Two
CONCLUSION
This contract should be awarded to the overall lowest responsive, responsible bidder, Atlantic
Elevator Sales & Service, Inc.
SR:CC:BJ:JG:JF:mr
TABULATION
Bid No. 93-97/00
GROUP 1
Item Description ~4tlantic Elevator Sales & Mowrey Elevator Service
Service, Inc. Company, Inc.
I CITY HALL Three (3) Montgomery $339.00/month $600.00/month
Hydraulic Passenger Elevators
lA CITY HALL One (1) Montgomery $175.00/month $150.00/month
Traction Passenger Elevator
2 POLICE STATION Three (3) Mowery $393.00/month $675.00/month
Hydraulic Passenger Elevators
3 HISTORIC CITY HALL Two (2) $541.00/month $600.00/month
Mowery Friction Passenger Elevators
4 LINCOLN LANE WEST GARAGE $613.00/month $900.00/month
Five ($) Dover Passenger Elevators
5 SHERIDAN AVENUE GARAGE Two $267.00/month $400.00/month
(2) Montgomery Passenger Elevators
6 SOUTH SHORE COMMUNITY $102.00/month $275.00/month
CENTER One (1) Elevator Sales &
Service Elevator
7 YOUTH CENTER One (1) $93.00/month $110.00/month
Dover/Miami Passenger Elevator
8 BASS MUSEUM One (1) Associated $102.00/month $275.00/month
OiI-Mntic Passenger Elevator
9 13TH STREET GARAGE Two (2) Otis $304.00/month $600.00/month
Hydraulic Passenger Elevators
10 POLICE GARAGE One (1) Mowery $125.00/month $200.00/month
Hydraulic Passenger Elevator
TOTAL MONTHLY COST $3,054.00 $4,785.00
GROUP II
I Hourly labor rate I $85.00/hour $6g.50/hour
(Strnight time non-specified repairs)
2 Hourly labor rate II $144.50/hour $100.00/hour
(Overtime non=specified repairs)
3 Parts to be supplied at % over 15.00% 10.00%
vendor's cost. (other than those
specified in this solicitation)
CITY OF MIAMI BEACH
1700 CONVENTION CENTER DRIVE, MIAMI BEACH, FLORIDA 33139
http:~rniamibeachfl.gov
PROCUREMENT DIVISION
PUBLIC NOTICE
INVITATION TO BID NO. 55-02/03
Telephone (305) 673-7490
Facsimile (305) 673-7851
Sealed bids will be received by the City of Miami Beach Procurement Director, 3rd Floor, 1700
Convention Center Drive, Miami Beach, Florida 33139, until 3:00 p.m. on the 14th day of August,
2003 for:
CITYWIDE MAINTENANCE OF ELEVATORS
Scope of Work: The work specified in this bid consists of furnishing all labor, materials, tools,
means of transportation and equipment necessary to provide maintenance of elevators for the City of
Miami Beach in accordance with these specifications.
Minimum Requirements: Prospective Bidder must have a minimum of 3 years experience in
successfully providing Elevator Maintenance and provide at least four (4) separate references for
contracts or projects completed, of which each project/contract total cost was fifty-thousand dollars
($50,000) or higher.
At time, date, and place above, bids will be publicly opened. Any bids or proposals received after
time and date specified will be returned to the bidder unopened. The responsibility for submitting a
bid/proposal before the stated time and date is solely and strictly the responsibility of the
bidder/proposer. The City is not responsible for delays caused by mail, courier service, including
U.S. Mail, or any other occurrence.
A Pre-Bid Conference will be held at 10:00 a.m. on July 30th, 2003 at the City of Miami Beach
1st Floor Conference Room, located at City Hall, 1700 Convention Center Drive.
Attendance at the Prebid Conference is highly encouraged and recommended as a source of
information but is not mandatory.
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:
www.govbids.com/scripts/south florida/public/home 1.asp. Ifyou do not have Internet access, please
call the BidNet 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
BID NO: 55-02/03 CITY OF MIAMI BEACH
DATE: 7/18/03 2
be received no later than ten (I0) calendar days prior to the scheduled Bid opening date. All
responses to questions/clarifications will be sent to all prospective bidders in the form of an
addendum.
The City of Miami Beach reserves the right to accept any proposal or bid deemed to be in the best
interest of the City of Miami Beach, or waive any informality in any proposal or bid. The City of
Miami Beach may reject any and all proposals or bids.
YOU ARE HEREBY ADVISED THAT THIS INVITATION TO BID IS SUBJECT TO THE
"CONE OF SILENCE, "IN ACCORDANCE WITH ORDINANCE NO. 2002-3378. A COPY
OF ALL WRITTEN COMMUNICATION(S) REGARDING THIS BID MUST BE FILED WITH
THE CITY CLERK.
YOU ARE HEREBY ADVISED THAT THIS INVITATION TO BID IS SUBJECT TO THE
"CODE OF BUSINESS ETHICS" ("CODE"), IN ACCORDANCE WITH RESOLUTION NO.
2000-23879.
YOU ARE HEREBY ADVISED THAT THIS 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.
YOU ARE HEREBY ADVISED THAT THIS BID SOLICITATION IS SUBJECT TO THE
LOCAL PREFERENCE ORDINANCE NO. 2003-3413. RESPONSIVE AND
RESPONSIBLE MIAMI BEACH-BASED VENDORS THAT ARE WITHIN 5% OF THE
LOWEST AND BEST BIDDER, WILL BE GIVEN AN OPPORTUNITY OF PROVIDING
SAID GOODS OR GENERAL SERVICES CONTAINED HEREIN, FOR THE LOWEST
RESPONSIVE BID AMOUNT.
CITY OF MIAMI BEACH
Gus Lopez, CPPO
Procurement Director
BID NO: $5-02/03 CITY OF MIAMI BEACH
DATE: 7/18/03 3
CITY OF MIAMI BEACH
1700 CONVENTION CENTER DRIVE, MIAMI BEACH, FLORIDA 33139
http:\\ci.miami-beach.fl.us
PROCUREMENT DIVISION
NO BID
INOT1CE TO PROSPECTIVE BIDDERS ]
Telephone (305) 673-7490
Facsimile (305) 673-7851
If not submitting a bid at this time, please detach this sheet from the bid documents,
complete the information requested, and return to the address listed above.
NO BID SUBMITTED FOR REASON(S) CHECKED AND/OR INDICATED:
Our company does not handle this type of product/service.
We cannot meet the specifications nor provide an alternate equal product.
Our company is simply not interested in bidding at this time.
Due to prior commitments, I was unable to attend pre-proposal meeting.
__ OTHER. (Please specify)
We do __ do not __ want to be retained on your mailing list for future bids for the type or
product and/or service.
Signature:
Title:
Company:
Note: Failure to respond, either by submitting a bid or this completed form, may result in your
company being removed from the City's bid list.
BID NO: 55-02/03 CITY OF MIAMI BEACH
DATE: 7/18/03 4
CITYWIDE MAINTENANCE OF ELEVATORS
BID # 55-02/03
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 of bid(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: $5-02/03 CITY OF MIAMI BEACH
DATE: 7/18/03 5
1.6
1.7
1.8
1.9
1.10
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.
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.
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.
BIDDER'S CONDITIONS:
The City Commission reserves the right to waive irregularities or technicalities in bids or to
reject all bids or any part of any bid they deem necessary for the best interest of the City of
Miami Beach, FL.
EQUIVALENTS:
If bidder offers makes of equipment or brands of supplies other than those specified in the
following, he must so indicate on his bid. Specific article(s) of equipment/supplies shall
conform in quality, design and construction with all published claims of the manufacturer.
Brand Names: Catalog numbers, manufacturers' and brand names, when listed, 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.
1.11 (NOT USED)
1.12 (NOT USED)
BID NO: 55-02/03 CITY OF MIAMI BEACH
DATE: 7/18/03 6
1.13
1.14
1.15
1.16
1.17
1.18
1.19
1.20
NON-CONFORMANCE TO CONTRACT CONDITIONS:
Items may be tested for compliance with specifications. Item delivered, not conforming to
specifications, may be rejected and returned at vendor's expense. These items and items not
delivered as per delivery date in bid and/or purchase order may be purchased on the open
market. Any increase in cost may be charged against the bidder. Any violation of these
stipulations may also result in:
A) Vendor's name being removed from the vendor list.
B) All departments being advised not to do business with vendor.
SAMPLES:
Samples of items, when required, must be furnished free of expense and, if not destroyed,
will, upon request, be returned at the bidder's expense. Bidders will be responsible for the
removal of all samples furnished within (30) days after bid opening. All samples will be
disposed of after thirty (30) days. Each individual sample must be labeled with bidder's
name. Failure of bidder to either deliver required samples or to clearly identify samples may
be reason for rejection of the bid. Unless otherwise indicated, samples should be delivered to
the Procurement Division, 1700 Convention Center Drive, Miami Beach, FL 33139.
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.
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.
(NOT USED)
(NOT USED)
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.
INSPECTION, ACCEPTANCE & TITLE:
Inspection and acceptance will be at destination unless otherwise provided. Title to/or risk
of loss or damage to all items shall be the responsibility of the successful bidder until
acceptance by the buyer unless loss or damage result from negligence by the buyer.
If the materials or services supplied to the City are found to be defective or not conform to
specifications, the City reserves the right to cancel the order upon written notice to the seller
and return product at bidder's expense.
BID NO: 55-02/03 CITY OF MIAMI BEACH
DATE: 7/18/03 7
1.21
1.22
1.23
1.24
1.25
1.26
PAYMENT:
Payment will be made by the City after the items awarded to a vendor have been received,
inspected, and found to comply with award specifications, free of damage or defect and
properly invoiced.
DISPUTES:
In case of any doubt or difference of opinion as to the items to be furnished hereunder, the
decision of the City shall be final and binding on both parties.
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.
(NOT USED)
(NOT USED)
PATENTS & ROYALTIES:
The bidder, without exception, shall indemnify and save harmless the City of Miami Beach,
Florida and its employees from liability of any nature or kind, including cost and expenses
for, or on account of, any copyrighted, patented, or unpatented invention, process, or article
manufactured or used in the performance of the contract, including its use by The City of
Miami Beach, Florida. If the bidder uses any design, device or materials covered by letters,
patent, or copyright, it is mutually understood and agreed, without exception, that the bid
prices shall include all royalties or cost arising from the use of such design, device, or
materials in any way involved in the work.
1.27 OSHA:
The bidder warrants that the product supplied to the City of Miami Beach, Florida shall
conform in all respects to the standards set forth in the Occupational Safety and Health Act
of 1970, as amended, and the failure to comply with this condition will be considered as a
breach of contract. Any fines levied because of inadequacies to comply with these
requirements shall be borne solely by the bidder responsible for same.
1.28 SPECIAL CONDITIONS:
Any and all Special Conditions that may vary from these General Conditions shall have
precedence.
1.29 ANTI-DISCRIMINATION:
The bidder certifies that he/she is in compliance with the non-discrimination clause
contained in Section 202, Executive Order ! 1246, as amended by Executive Order 11375,
relative to equal employment opportunity for all persons without regard to race, color,
religion, sex or
national origin.
BID NO: 55-02/03 CITY OF MIAMI BEACH
DATE: 7/18/03 8
1.30
AMERICAN WITH DISABILITIES ACT:
Call (305) 673-7490/VOICE to request material in accessible format; sign language
interpreters (five days in advance when possible), or 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
1.32
1.33
1.34
QUALITY:
All materials used for the manufacture or construction of any supplies, materials or
equipment covered by this bid shall be new. The items bid must be new, the latest model, of
the best quality, and highest grade workmanship.
(NOT USED)
LIABILITY, INSURANCE, LICENSES AND PERMITS:
Where bidders are required to enter or go onto City of Miami Beach property to deliver
materials or perform work or services as a result of a bid award, the successful bidder will
assume the full duty, obligation and expense of obtaining all necessary licenses, permits and
insurance and assure all work complies with all applicable Dade County and City of Miami
Beach building code requirements and the South Florida Building Code. The bidder shall be
liable for any damages or loss to the City occasioned by negligence of the bidder (or agent)
or any person the bidder has designated in the completion of the contract as a result of his or
her bid.
BID GUARANTY: N/A
C~S ....... , ........... 7 ...... ,
ca .........] ......................................... , ......... comply
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: 55-02/03 CITY OF MIAMI BEACH
DATE: 7/18/03 9
1.47
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.
DEMONSTRATION OF COMPETENCY:
1) Pre-award inspection of the Bidder's facility may be made prior to the award of contract.
Bids will only be considered from firms which are regularly engaged in the business of
providing the goods and/or services as described in this Bid. Bidders must be able to
demonstrate a good record of performance for a reasonable period of time, and have
sufficient financial support, equipment and organization to insure that they can satisfactorily
execute the services if awarded a contract under the terms and conditions herein stated. The
terms "equipment and organization" as used herein shall be construed to mean a fully
equipped and well established company in line with the best business practices in the
industry and as determined by the City of Miami Beach.
2) The City may consider any evidence available regarding the financial, technical and other
qualifications and abilities of a Bidder, including past performance (experience) with the
City in making the award in the best interest of the City.
3) The City may require Bidders to show proof that they have been designated as authorized
representatives of a manufacturer or supplier which is the actual source of supply. In these
instances, the City may also require material information from the source of supply
regarding the quality, packaging, and characteristics of the products to be supplies to the City
through the designated representative. Any conflicts between this material 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.
BID NO: 55-02/03 CITY OF MIAMI BEACH
DATE: 7/18/03 11
1.48
1.49
1.50
1.51
1.52
1.53
1.54
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.
ASSIGNMENT:
The contractor shall not assign, transfer, convey, sublet or otherwise dispose of this contract,
including any or all of its right, title or interest therein, or his or its power to execute such
contract to any person, company or corporation without prior written consent of the City of
Miami Beach.
LAWS, PERMITS AND REGULATIONS:
The bidder shall obtain and pay for all licenses, permits and inspection fees required for this
project; and shall comply with all laws, ordinances, regulations and building code
requirements applicable to the work contemplated herein.
OPTIONAL CONTRACT USAGE:
As provided in Section 287.042 (17), Florida Statutes, other State agencies may purchase
from the resulting contract, provided the Department of Management Services, Division of
Procurement, has certified its use to be cost effective and in the best interest of the State.
Contractors have the option of selling these commodities or services certified by the Division
to the other State agencies at the agencies option.
SPOT MARKET PURCHASES:
It is the intent of the City to purchase the items specifically listed in this bid from the
awarded vendor. However, items that are to be A Spot Market Purchased may be purchased
by other methods, i.e. Federal, State or local contracts.
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.
WAIVER OF INFORMALITIES
The City reserves the right to waive any informalities or irregularities in this bid solicitation.
BID NO: 55-02/03 CITY OF MIAMI BEACH
DATE: 7/18/03 12
1.56
1.57
1.58
1.59
1.60
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.
COLLUSION
Bids from related parties. Where two (2) or more related parties each submit a bid or
proposal for any contract, such bids or proposals shall be presumed to be collusive. The
foregoing presumption may be rebutted by presentation of evidence as to the extent of
ownership, control and management of such related parties in the preparation and submittal
of such bids or proposals. Related parties mean bidders or proposers or the principals thereof
which have a direct or indirect ownership interest in another bidder or proposer for the same
contract or in which a parent company or the principals thereof of one (1) bidder or proposer
have a direct or indirect ownership interest in another bidder or proposer for the same
contract. Bids or proposals found to be collusive shall be rejected. Bidders or Proposers
who have been found to have engaged in collusion may be considered non-responsible, and
may be suspended or debarred, and any contract resulting from collusive bidding may be
terminated for default.
DISPUTES
In the event of a conflict between the documents, the Order of priority of the documents shall
be as follows:
· Any agreement resulting from the award of this Bid (if applicable); then
· Addenda released for this Bid, with the latest Addendum taking precedence; then
· The Bid; then
· Awardee's Bid.
REASONABLE ACCOMMODATION
In accordance with the Title II of the Americans with Disabilities Act, any person requiring
an accommodation at the RFP opening because ora disability must contact Heidi Johnson
Wright at the Public Works Department at (305) 673-7080.
GRATUITIES
Proposers shall not offer any gratuities, favors, or anything of monetary value to any official,
employee, or agent of the City, for the purpose of influencing consideration of this proposal.
SIGNED BID CONSIDERED AN OFFER
The signed bid shall be considered an offer on the part of the bibber or contractor, which
offer shall be deemed accepted upon approval by the City Commission of the City of Miami
Beach, Florida and in case of default on the part of successful bidder or contractor, after such
acceptance, the City may procure the items or services from other sources and hold the
bidder or contractor responsible for any excess cost occasioned or incurred thereby.
Additionally, the City may take such action.
BID NO: $$-02/03 CITY OF MIAMI BEACH
DATE: 7/18/03 13
1.61
1.62
1.63
1.64
1.65
1.66
BID CLARIFICATION:
Any questions or clarifications conceming this Invitation to Bid shall be submitted in writing
by mail or facsimile to the Procurement Department, 1700 Convention Center Drive, Miami
Beach, FL 33139 FAX: (305) 673-7851. The bid title/number shall be referenced on all
correspondence. All questions must be received no later than ten (10) calendar days prior to
the scheduled bid opening date.
All responses to questions/clarifications will be sent to all prospective bidders in the form of
an addendum. NO QUESTIONS WILL BE RECEIVED VERBALLY OR AFTER SAID
DEADLINE.
TIE BIDS:
Please be advised that in accordance with 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.
PUBLIC ENTITY CRIMES (PEC):
A person or affiliate who has been placed on the convicted vendor list following a conviction
for public entity crimes may not submit a bid on a contract to provide any goods or services
to a public entity, may not submit a bid on a contract with a public entity for the construction
or repair of a public building or public work, may not submit bids on leases of real property
to public entity, may not be awarded or perform work as a contractor, supplier, sub-
contractor, or consultant under a contract with a public entity, and may not transact business
with any public entity in excess of the threshold amount provided in Sec. 287.017, for
CATEGORY TWO for a period of 36 months from the date of being placed on the convicted
vendor list.
DETERMINATION OF RESPONSIVENESS:
Determination of responsiveness taken place at the time of bid opening and evaluation. In
order to be deemed a responsive bidder, your bid must conform in all material respects to the
requirements stated in their Bid.
DELIVERY TIME:
Vendors shall 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.
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.
BID NO: 55-02/03 CITY OF MIAMI BEACH
DATE: 7/18/03 14
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.
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 automofiles 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.
BID NO: 55-02/03 CITY OF MIAMI BEACH
DATE: 7/18/03 15
It is understood and agreed that all policies of insurance provided by the contractor are
primary coverage to any insurance or self-insurance the City of Miami Beach possesses that
may apply to a loss resulting from the work performed in this contract.
All policies issued to cover the insurance requirements herein shall provide full coverage
from the first dollar of exposure. No deductibles will be allowed in any policies issued on
this contract unless specific safeguards have been established to assure an adequate fund for
payment of deductibles by the insured and approved by the City's Risk Manager.
The liability 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.
Insurance coverage required in these specifications shall be in force throughout the contract
tenn. 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.
BID NO: 55-02/03 CITY OF MIAMI BEACH
DATE: 7/18/03 16
If bidder does not meet the insurance requirements of the specifications; alternate insurance
coverage, satisfactory to the Risk Manager, may be considered.
It is understood and agreed that the inclusion of more than one insured under these policies
shall not restrict the coverage provided by these policies for one insured hereunder with
respect to a liability claim or suit by another insured hereunder or an employee of such other
insured and that with respect to claims against any insured hereunder, other insureds
hereunder shall be considered members of the public; but the provisions of this Cross
Liability clause shall apply only with respect to liability arising out of the ownership,
maintenance, use, occupancy or repair of such portions of the premises insured hereunder as
are not reserved for the exclusive use of occupancy of the insured against whom claim is
made or suit is filed.
BID NO: 55-02/03 CITY OF MIAMI BEACH
DATE: 7/18/03 17
INSURANCE CHECK LIST
XXX I. Workers' Compensation and Employer's Liability per the Statutory limits of the state of
Florida.
XXX 2.
Comprehensive General Liability (occurrence form), limits of liability $1,000,000.00
per occurrence for bodily injury property damage to include Premises/Operations;
Products, Completed Operations and Contractual Liability. Contractual Liability and
Contractual Indemnity (Hold harmless endorsement exactly as written in "insurance
requirements" of specifications).
XXX3. Automobile Liability - $I,000,000 each occurrence - owned/non-owned/hired
automobiles included.
4. Excess Liability - $
.00 per occurrence to follow the primary coverages.
XXX 5. The City must be named as and additional insured on the liability policies; and it must
be stated on the certificate.
6. Other Insurance as indicated:
Builders Risk completed value
Liquor Liability
Fire Legal Liability
Protection and Indemnity
__ Employee Dishonesty Bond
Other
$ .00
$ .00
$ .00
$ .00
$ .00
$ .00
XXX 7. Thirty (30) days written cancellation notice required.
XXX 8. Best's guide rating B+:VI or better, latest edition.
XXX 9. The certificate must state the bid number and title
BIDDER AND INSURANCE AGENT STATEMENT,~
We understand the Insurance Requirements of the, s~/c: ficCns and that evidence of this
insurance may be required within five (5) days~b~per ~
KONE INC.
Bidder Signature orB dder
BID NO: 55-02/03 CITY OF MIAMI BEACH
DATE: 7/18/03 18
CITYWIDE MAINTENANCE OF ELEVATORS
BID # 55-02/03
2.0 SPECIAL CONDITIONS
2.1
PURPOSE:
The purpose of this bid is to establish a contract, by means of sealed bids, for City Wide
Maintenance of Elevator services as specified herein, from a source(s) of supply that will
give prompt and efficient service.
2.2
TERM OF CONTRACT:
The contract shall remain in effect from time of award until September 30, 2005. This
contract could be extended for an additional three (3) years, on a year to year basis, if
mutually agreed by upon both parties.
2.3
METHOD OF AWARD:
Award of this contract will be made to primary and secondary lowest responsive, responsible
bidders per location, whose bid will be most advantageous to the City of Miami Beach.
Should the primary vendor fail to comply with the Terms and Conditions of this Contract,
the City reserves the right to award to the secondary vendor, if it is deemed to be in the best
interest of the City.
2.4
2.5
2.6
PAYMENT:
Invoices for payment will be submitted on a monthly basis for the duration of the contract.
Successful bidder will be required to complete a check list and leave with a designated
person or at designated location each time service is performed. Time Tickets describing
time spent and work performed are to be submitted with each monthly invoice.
Invoices will be subject to verification and approval. Payment will be based upon receipt of
aforementioned time tickets. The City reserves the right to hold the payment of those
invoices where maintenance work has not been completed in accordance with these
specifications.
ADDITIONS/DELETIONS OF FACILITIES:
Although this Solicitation identifies specific facilities to be serviced, it is hereby agreed and
understood that any department may be added/deleted to from this contract at the option of
the City. When an addition to the contract is required, successful bidder(s) under this
contract shall be invited to submit price quotes for these new facilities. If these quotes are
comparable with prices offered for similar services, the award(s) shall be made to the lowest
responsible bidder(s) meeting specifications in the best interest of the City.
PRICES SHALL BE FIXED AND FIRM FOR TERM OF CONTRACT:
If the bidder is awarded a contract under this bid solicitation, the prices quoted by the bidder
on the Bid Form shall remain fixed and firm through September 30, 2005, provided,
however, that the bidder may offer incentive discounts from this fixed price to the City at
any time during the contractual term.
BID NO: 55-02/03 CITY OF MIAMI BEACH
DATE: 7/18103 19
2.7
2.8
2.9
2.10
PRE-BID CONFERENCE/SITE INSPECTIONi
A Pre-Bid Conference will be held at 10:00 a.m. on July 30, 2003 at the City of Miami
Beach 1 st Floor Conference Room, located in City Hall, 1700 Convention Center Drive.
(NOT USED)
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 Intemet access should
review the registration options at the following website:
www.govbids.com/scripts/southflorida/public/homel.asp. If you do not have Intemet
access, please call the BidNet support group at 800-677-1997 extension # 214.
CONTACT PERSON:
The contact person for this Invitation to Bid is Marta Fernandez. The contact person may be
reached by phone: 305.673.7490; fax: 305.673.7851; or e-mail:
martafemandezrubio~miamibeachfl.gov. Communications between a proposer, bidder,
lobbyist or consultant and Procurement Staff is limited to matters of process or procedure.
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
2.13
2.14
(NOT USED)
LIQUIDATED DAMAGES: N/A
PERCENTAGE ABOVE VENDOR COST:
Bids for parts and supplies other than those specified in this solicitation shall be submitted at
VENDOR'S COST. Evidence of said costs shall be submitted with invoice, for each repair
or service call. Proof of costs shall be printed, properly identified, and dated as to issuance
and effectiveness.
BID NO: 55-02/03 CITY OF MIAMI BEACH
DATE: 7/18/03 20
2.15 ESTIMATED QUANTITIES: N/A
2.16
HOURLY RATE:
At the City's sole discretion, additional services other than those specified in this
solicitation, may be requested and will only be authorized by the contract administrator or
his designee.
The hourly rate quoted shall include full compensation for labor, equipment use, travel time,
and any other cost to the bidder. Hourly labor rates are specified as follows:
Hourly Labor Rate I - hourly rate for straight time repairs, i.e. from 8:00 a.m. to 5:00 p.m.
Monday - Friday (rate is to include labor and travel, parts are not included).
Hourly Labor Rate II - hourly rate for overtime repairs, i.e. before 8:00 a.m. or after 5:00
p.m., or on weekends or holidays. (rate to include labor and travel, parts not included.)
2.17
WARRANTY:
The successful bidder will be required to warranty all materials supplied and all work
performed for a minimum of one (1) year. Warranty shall be described in detail on the
attached Bid Form.
2.18 PRODUCT/CATALOG INFORMATION: N/A
2.19
REFERENCES (PROVIDE 8 REFERENCES, IN THE CUSTOMER REFERENCE
FORM ON PAGE 39)
Each bid must be accompanied by a minimum of eight (8) references, of which four (4)
separate projects or contracts must have been for $50,000 or Higher. Reference shall include
the name of the company, a contact person and the telephone number. NO BID WILL BE
CONSIDERED WITHOUT THIS LIST.
2.20
COMPLETE PROJECT REQUIRED:
These specifications describe the various items or classes of work required, enumerating or
defining the extent of same necessary, but failure to list any items or classes under scope of
the several sections shall not relieve the contractor from furnishing, installing or performing
such work where required by any part of these specifications, or necessary to the satisfactory
completion of the project.
2.21 FACILITY LOCATION:
Refer to the list of the equipment to be maintained (pages 32-33)
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 tested and service similar type, size, complexity of
BID NO: 55-02/03 CITY OF MIAMI BEACH
DATE: 7/18/03 21
such installations. The evidence will consist of listing of work that has been provided to
public and private sector clients, ei. 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 of the bidder/proposer. The City is not responsible for delays caused by mail,
courier service, including U.S. Mail, or any other occurrence.
2.24 EXCEPTIONS TO SPECIFICATIONS:
Exceptions to the specifications shall be listed on the Bid Form and shall reference the
section. Any exceptions to the General or Special Conditions shall be cause for the bid to be
considered non-responsive.
2.25
2.26
COMPLETE INFORMATION REQUIRED ON BID FORM:
All bids must be submitted on the attached Bid Form and all blanks filled in. To be
considered a valid bid, the ORIGINAL AND ONE COPY of the Bid Form pages and all
required submittal information must be returned, properly completed, in a sealed envelope as
outlined in the first paragraph of General Conditions.
MAINTENANCE AGREEMENT:
Refer to Section 3 of the Specifications for a detailed Scope of Work.
2.27 EQUALPRODUCT:N~
BID NO: $5-02/03 CITY OF MIAMI BEACH
DATE: 7/18/03 22
CITYWIDE MAINTENANCE OF ELEVATORS
BID # 55-02/03
3.0 MINIMUM SPECIFICATIONS
3.1
SCOPE OF SERVICES:
The purpose of this bid is to establish a contract whereby the contractor shall furnish all
labor, materials, tools, and equipment necessary to provide maintenance of elevators for the
City of Miami Beach in accordance with the following specifications.
3.2. (NOT USED)
3.2,
QUALIFICATION OF BIDDERS:
The importance of maintaining this equipment in line with its original design performance
and in safe operating condition requires the service to be performed by an elevator contractor
who has satisfactorily maintained equipment of the grade and to the degree included in these
specifications.
Bidders shall submit with the bid:
3.3.1
3.3.2
3.3.3.
A statement that he is regularly engaged in the business of servicing and installing
equipment of the type and character covered by these specifications.
A complete description and location of his nearest service facilities available for
furnishing maintenance of the equipment covered by these specifications and
including the following items:
A list, including names of personnel directly employed by the bidder, whose
responsibility is performing maintenance, giving the length of time each has had in
maintaining equipment of the same type and manufacture as used on the equipment
covered in these specifications. Employees and supervisors servicing the elevators
must be registered with the State of Florida and hold a valid Certificate of
Competency issued by the Department of Business and Professional Regulations,
Bureau of Elevators.
3.3.4
3.3.5
3.3.6
An outline of warehousing facilities, showing a complete list of genuine spare parts
on hand of the same type and manufacture as used on the equipment covered in these
specifications.
A list of at least three (3) other installations of the same equipment, characteristics,
operation and manufacture as each item covered in these specifications that has been
successfully maintained by the bidder for the past three (3) years.
A description of any other factors concerning the bidder's maintenance program,
personnel and service facilities that will substantiate his ability to properly maintain
the equipment in a safe, dependable manner.
BID NO: 55-02/03 CITY OF MIAMI BEACH
DATE: 7/18/03 23
3.4.
MAINTENANCE TOOLS AND INSTRUMENTS:
The contractor must own or have available at all times for immediate use a complete set of
pertinent elevator maintenance and repair tools and instruments. These tools and instruments
shall include the following but are not limited to such:
3.4.1. Turning tools capable of turning any of the hoisting machine commutators on the job
site.
3.4.2.
3.4.3.
3.4.4.
Generator turning tools capable of turning the commutator on any of the motor
generator sets without removing rotating elements from generator.
Machine tools capable of turning main motor drive sheave grooves on the machine.
Electronic test instruments capable of checking all electrical circuits of the elevator
equipment on a prologue registered scope.
3.5. MAINTENANCE SERVICE
Successful Bidder shall:
3.5.1.
3.5.2.
3.5.3.
3.5.4.
Maintain the elevator equipment herein described using skilled elevator maintenance
employees under his/her supervision. Successful bidder will employ all reasonable
care to see that the elevator equipment is maintained in proper operating condition.
Regularly and systematically examine each unit of elevator and/or escalator
equipment, its component parts and operation in accordance with minimum
maintenance pre-approved checklist; and, as conditions warrant, adjust, lubricate,
clean, repair or replace such parts and mechanisms as necessary to render full
maintenance care and keep the elevator and/or escalator equipment in proper and
safe operating condition. Extra care shall be taken to look for any cracked, defective,
or worn parts and replace same.
Maintenance and Repair Records duly signed to be kept for each unit at site in
machine room. Time Tickets describing time spent and WOrk performed to be
submitted with each monthly invoice.
The Contractor shall maintain all elevators and/or escalators under this contract in
first-class operating condition to comply with all requirements of the current
American Standard Safety Code Manual, A17.2, and all other applicable laws,
regulations, ordinances, codes, etc. The ANSI/ASME Standards and Inspector's
manual shall be used as a guide to establish that equipment is operating safely.
The Contractor shall maintain the original efficiency, safety and rated speeds of the
units including full running speed, acceleration, deceleration, landing and leveling
and floor-to-floor time including door opening and closing time where power door
operation exists, all per manufacturers specifications and/or by code requirements.
Additionally the Contractor shall maintain vibration and noise levels within
acceptable industry standards for each piece of equipment.
BID NO: 55-02/03 CITY OF MIAMI BEACH
DATE: 7/18/03 24
3.5.5·
3.5.6.
3.5.7.
3.5·8.
3.5·9.
3·5·10.
3.5.11
3·5.12.
To prevent build-up of lint and dirt, periodically (at least twice per year): brush lint
and dirt from the guide rails, overhead beams and sheaves, counterweight frames, car
tops, bottom of platforms, pit equipment, machine-room floor and hoistway door
hangers and tracks; on escalators and moving walks.
Renew wire ropes as often as deemed necessary to maintain an adequate factor of
safety. Periodically the Contractor shall equalize the tension of all hoist ropes, and
lubricate in accordance with wire rope manufacturers recommendations.
Rust or rouge will not be tolerated for wire ropes on this equipment. If noted on any
inspection, the Contractor shall remedy the condition permanently within fourteen
(14) days from written notice. Wire ropes must be replaced prior to wear below
minimums required by ANSI Al7.1 A17.2.
Periodically examine all safety devices and governors and make annual safety tests;
also make inspections and safety tests as required by the current American Standard
Safety Code for Elevators, Dumbwaiters and Escalators. to include five (5) year full
load and full speed tests.
NOTE:The contractor shall notify the Contract Administrator 48 hours in advance of
regularly scheduled safety tests, including pressure tests and full load tests, of the
time and place of the test.
Conduct monthly tests of elevator portion of emergency power operation and
maintain log of all tests and the results. Year and five-Year tests to be witnessed by
City of Miami Beach Inspector to be included in the contract.
Hydraulic Elevators, the contractor shall furnish all labor, materials and equipment
necessary to keep the hydraulic pumping equipment in top working order including
but not limited to inspection of the system noting controller operation adjustment,
repair or replacement of electrical circuitry, oil levels, hydraulic lines, pump
operating frequency, pit cylinder condition, keeping the pit and all drip pans free of
oil accumulation, dirt and debris.
Traction Elevators: Elevator machine, motor generator, and control parts including
mechanical parts, gears, worms, bearings, thrust bearings, brake, brake lining,
magnetic frames, coils, and resistors for motor and operating circuits.
· Signal Light Bulbs shall be replaced during regular service visits.
The following accessory equipment will be examined, lubricated, adjusted, repaired
and/or replaced by contractor:
Door Operator, Car Door Hangers, Car Door Contacts and Door Protective Devices.
Emergency Car Lighting, Fans, and Blowers.
BID NO: 55-02/03 CITY OF MIAMI BEACH
DATE: 7/18/03 25
3.6.
3,7.
3.8,
3.5.13. The following items are not included in this contract:
Refinishing, repairing or replacement of car enclosure, its gate and/or doors,
hoistway enclosure, hoistway doors, door frames and sills, hoistway gates,
finished flooring, power feeders, switches, their wiring and fusing, hydraulic
cylinder, and underground piping.
3.5.14.
Should an elevator be out of service for more than 72 hours for any reason except
while scheduled repairs are being performed, the City reserves the right to deduct the
daily cost of maintenance from the monthly billing until elevator is put back in
service.
NUMBER OF MAN HOURS TO BE FURNISHED
The successful bidder shall be required to provide the necessary man hours per month for
routine cleaning, inspection and adjusting service. In addition, the successful bidder shall
provide the necessary man hours for tuning and adjusting of control systems and other
maintenance such as hatch cleaning, safety tests, governor tests, etc., to insure the equipment
is in good operating condition at all times. This includes man hours consumed in emergency
call backs either during regular working hours or after regular working hours, and includes
hours used for major maintenance repairs.
EMERGENCY CALL BACK SERVICE
The successful bidder shall be required to provide emergency call back service as required
by these specifications within two hours from receipt of notification of each such
requirement from the designated authority or his representative.
PERFORMANCE REQUIREMENTS
It is the intent of this contract that equipment be maintained so as to preserve the operation
characteristics in line with the original design. Should the City's designated authority find
through his own investigation or that of his representative that these standards are not being
maintained, the contractor shall be given 14 days notice to restore the performance (Cure
Notice) to the required level. Failure by the contractor to restore the performance to the
required level within the 14 days period shall constitute sufficient cause for termination of
the contract by reason of default.
3.8.1.
DEFAULT
The designated authority may, by written notice of default to the contractor,
terminate the whole oF any part of this contract if the contractor fails to perform the
service within the time specified in the manner required herein or if the contractor
does not cure such failure within a period of 14 days after receipt of notice from the
designated authority specifying such failure.
In the event the designated authority terminates this contract in whole or part as
provided herein, he may procure in such manner as seems appropriate supplies or
services similar to those so terminated and the contractor shall be liable for any
excess cost for such similar supplies or services. However, the contractor shall
continue the performance of this contract to the extent not terminated under the
provisions of this clause.
BID NO: 55-02/03 CITY OF MIAMI BEACH
DATE: 7/18/03 26
3.9.
ADDITIONAL PROVISIONS
39.1. Service call schedule shall be at least monthly for the contract term unless otherwise
directed.
3.9.2
3.9.3
Contractor is not required under this contract to make renewals or repairs
necessitated by reason of negligence, accident, or misuse of machinery, apparatus or
car, or due to any other similar or dissimilar causes beyond its control. Contractor
shall not be required to make additional safety tests, nor be required to install new
attachments on the elevator which may be recommended or directed by Insurance
Companies, or Government, State, Municipal, or other authorities.
Contractor is required to provide and maintain a service record for work to be
performed as part of the maintenance agreement, satisfactory to the Property
Management Division. See attached sample Maintenance Service Record for
Bidder's reference.
BID NO: 55-02/03 CITY OF MIAMI BEACH
DATE: 7/18/03 27
ELEVATOR COMPANY
MASTER MAINTENANCE SERVICE RECORD
r"-*~-- ~', i -'-'---~'~ .... 1 TO THE MAINTENANC£ TECHNICIAN
~ J-~,--~. '1 A TOOL TO HELP YOU MAINTAIN THIS
~ '~-T-~ :j EFFICIENCY, PROVIDING DEPENDABL~.
~KY ~ - ~ ~ TROUBLE FREF_ S[RV~CE.
~~ ~ LOCAr,O~ OF .a VOLr ..~.~:
PREVE~NCE LOG
JUN~' ~
JULY
~ .,~=. -u-..~;- .... ; .....
BID NO: 55-02/03 CITY OF MIAMI BEACH
DATE: 7/18/03 28
REPAIR TEST & CALLBACK LOG
BID NO: 55-02/03 CITY OF MIAMI BEACH
DATE: 7/18/03 29
',,,~
\
I orr
BID NO: 55-02/03 CITY OF MIAMI BEACH
DATE: 7/18/03 30
~,r~mz
BID NO: 55-02/03 CITY OF MIAMI BEACH
DATE: 7/18/03 31
SCHEDULE OF EQUIPMENT TO BE MAINTAINED
1. CITY HALL
1700 Convention Center Drive
Front/ Capacity Speed
D # Make Type Landings Rear lbs. FPM
D-4977 MONTGOMERY Hydraulic/Passenger 4 4 F 1,500 100
D-4980 MONTGOMERY Traction 4 4 F/1R 3,500 ! 350
2. POLICE STATION
1100 Washington Avenue
Front/ Capacity Speed
ID # Make Type Landings Rear lbs. FPM
D-6574 DOVER I Hydraulic/Passenger 4 I 4 F 2,500 i 125
D-6575 I DOVER i Hydraulic/PassengerI 4 , 4 F 2,500 , 125
D-6576Ii MOWERY i Hydraulic/Passenger~l 4 I 4 F I 4,000 ! 100
3. HISTORIC CITY HALL
1130 Washington Avenue
ID0
........
Make
DOVER
DOVER
Type
Traction
Traction
Landings
8
8
Front/ Capacity
Rear lbs.
.............. 8.? ............................. _2 ,_50_0_
8 F 2,500
Speed
FPM
350
35O
4. 17TM STREET PARKING GARAGE
1701 Meridian Court
Front/ Capacity Speed
ID # Make Type Landings ~ Rear lbs. FPM
DOVER Hydraulic/Passenger 5 ] 5 F ..... .2.,__5_.00___. 200
D-5084 DOVER Hydraulic/Passenger 5 ! 5 F 2 500 200
D-4989 DOVER Hydraulic/Passenger 5 ! 5 F 2,500 200
D-4990 DOVER Hydraulic/Passenger 5 I 5 F 2,50_0___ 200
D-4991 DOVER Hydraulic/Passenger 5 I 5 F 2,500 200
BID NO: 55-02/03 CITY OF MIAMI BEACH AMENDED
DATE: 7/18/03 32 8/12/03
Schedule of the Equipment to be Maintained
5. 42r~n STREET PARKING GARAGE
42"a Street and Sheridan Avenue
Front/ Capacity Speed
ID # Make Type Landings Rear lbs. FPM
D-4403 DOVER Traction 5 5 F _.2_,_5_..0_0350
D-4404 DOVER Traction 5 5 F 2,500 350
6. 13TM STREET PARKING GARAGE
1301 Collins Avenue
Front/ Capacity Speed
ID # Make Type Landings Rear lbs. FPM
.... .D;:.74.0.7. ....I MODERN Hydraulic/Passenger 5 ! 5 F ....... ~_2_.~00- .......... ~__~100 __
D-7408 I MODERN I Hydraulic/Passenger 4 4 F 2,500 ! 100
7. SOUTH SHORE COMMUNITY CENTER
833 6th Street
I Front/ Capacity Speed
ID # Make , Type Landings Rear lbs. FPM
D-5173 ! ESS i Hydraulic/Passenger I 2 t 2 F 3,500 100
SCOTT RAKOW YOUTH CENTER
2700 Sheridan Avenue
ID # Make
D-5163 DOVER
Type
Hydraulic/Passenger
Front/ Capacity
Landings, Rear lbs.
2 ! 2F
= 1,500
Speed
FPM
100
9. BASS MUSEUM
2121 Park Avenue
Front/ Capacity Speed
ID # Make Type Landings Rear lbs. FPM
D-3369 ! DOVER Hydraulic/Passenger 2 I 2 F/2R 2,500 I 125
BID NO: 55-02/03 CITY OF MIAMI BEACH AMENDED
DATE: 7/18/03 33 8/12/03
THIS PAGE LEFT BLANK INTENTIONALLY
BID NO: 55-02/03 CITY OF MIAMI BEACH AMENDED
DATE: 7/18/03 34 8/12/03
CITYWIDE MAINTENANCE OF ELEVATORS
BID # 55-02/03
Bid Proposal Page 1 of 3
COMPANY NAME: KONE INC.
GROUP I. ELEVATORS TO BE MAINTAINED
We propose to furnish all labor, materials, tools, and equipment necessary to provide maintenance of
elevators for the City of Miami Beach in accordance with these specifications.
ITEM / DESCRIPTION
1. CITY HALL
( 1 ) Hydraulic (1) Traction Passenger Elevators
2. POLICE STATION
(3) Hydraulic Passenger Elevators
3. HISTORIC CITY HALL (2) Elevators
(2) Traction Passenger Elevators
4. 17TM STREET PARKING GARAGE
(5) Hydraulic Passenger Elevators
5. 42rqI~ ST PARKING GARAGE
(2) Traction Passenger Elevators
6. 13TM STREET PARKING
(2) Hydraulic Passenger Elevators
7. SOUTH SHORE COMMUNITY CENTER
(1) Hydraulic Passenger Elevator
8. SCOTT RAKOW YOUTH CENTER
(1) Hydraulic Passenger Elevator
9. BASS MUSEUM
(1) Hydraulic Passenger Elevator
MONTHLY RATES
$ 270. O0 /Month
$ 240. O0 /Month
$ 490. O0 /Month
$ 425.00 /Month
$ 430. O0 /Month
$ 170.00 /Month
$ 90.00 /Month
$ 85. O0 /Month
$ 85.00 /Month
BID NO: 55-02/03 CITY OF MIAMI BEACH AMENDED
DATE: 7/18/03 35 8/12/03
CITYWIDE MAINTENANCE OF ELEVATORS
BID # $5-02/03
Bid Proposal Page 2 of 3
KONE INC.
COMPANY NAME:
GROUP II. REPAIRS NOT COVERED UNDER MAINTENANCE AGREEMENT
At the City's sole discretion, additional services other than those specified in this solicitation,
may be requested and will only be authorized by the contract administrator or his designee.
HOURLY LABOR RATES (Section 2.16)
Should additional work be required, not identified in the Bid Specifications, we propose to provide
the work at the following rates.
HOURLY LABOR RATE I: $102.00 /Hour
(Straight time non-specified repairs)
HOURLY LABOR RATE II: $175.00 /Hour
(Overtime non-specified repairs)
PARTS AND SUPPLIES (Section 2.14)
Should parts and supplies be required in connection with work not specified in the bid documents,
we propose to furnish at the following rate:
PROVIDE PARTS AND SUPPLIES AT VENDOR'S: COST
BID NO: 55-02/03 CITY OF MIAMI BEACH AMENDED
DATE: 7/18/03 36 8/12/03
CITYWlDE MAINTENANCE OF ELEVATORS
BID # 55-02/03
Page 3 of 3
PAYMENT TERMS: NET 30. If other, specify here
N/A
SUBMITTED BY:
COMPANY NAME:
SIGNED:
ANY LETTERS, ATTACHMENTS, OR ADDITIONAL INFORMATION
CONSIDERED PART OF THE BID MUST BE SUBMITTED IN DUPLICATE.
BRUCEKoNE I NORDE ,~I ENC. ~,/(, ~7~NT. SERVICE SALES
(I certify that I am authorized to exei:ute this proposal and
commit the bidding firm) '
Bidders must acknowledge receipt of addendum (if applicable).
Addendum No. 1:07/31/03 Addendum No. 2:08/12/03
Insert Date Insert Date
Addendum No. 3: N/A Addendum No. 4: N/A
Insert Date Insert Date
TO BE
NAME/TITLE(Print):
ADDRESS:
CITY/STATE:
TELEPHONE NO:
FACSIMILE NO:
BRUCE NORDEN~ VICE PRESIDENT SERVICE SALES
ONE KONE COURT
MOLINE, IL ZIP: 61265
(309) 764-6771
(309} 764-5658
BID NO: 55-02/03 CITY OF MIAMI BEACH
DATE: 7/18/03 37
CITYWIDE MAINTENANCE OF ELEVATORS
BID # 55-02/03
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
N/A General Conditions Section 1.34
X Warranty
Special Conditions Section 2.17
X Product/Catalog Information
Special Conditions Section 2.18
References
X Special Conditions Section 2.19 / Page 39
X Bidder Qualifications
Special Conditions Section 2.22
X Exceptions to Specifications
Special Conditions Section 2.24
Contractor's Questionnaire
x (Page 41)
BID NO: 55-02/03 CITY OF MIAMI BEACH
DATE: 7/18/03 38
CITYWIDE MAINTENANCE OF ELEVATORS
BID # 55-02/03
CUSTOMER REFERENCE LISTING
Bidder's shall furnish the names, addresses, and telephone numbers ora minimum o£eight (8) firms
or government organizations for which the Contractor is currently furnishing or has furnished,
similar services. (See "Minimum Requirements, page 2)
1) Company Name LE JEUNE CENTER (MAINTENANCE)
Address 780 NW 42nd AVENUE, MIAMI, FL 33126
Contact Person/Contract 3anount ~MR. JOSE CONCEPCION/S73,742
Telephone No. (305) 446-4005 FaxNo. (305) 461,0075
2)
3)
4)
Company Name
PO BOX 592075, MIAMI, FL 33159
Address
Contact Person/Contract Amount MR. CARL MARI0/$850,452
Telephone No. (305) 876-7477
Company Name
Address
MIAMI INTERNATIONAL AIRPORT (MAINTENANCE)
Fax No. (305) 876-0347
COLUMBUS CENTER (MAINTENANCE)
ONE ALHAMBRA PLAZA, CORAL GABLES, FL 33134
Contact Person/Contract Amount MR. BILL KENDALL/S73,728
Telephone No.
Company Name
Address
Contact Person/Contract Amount
Telephone No. (305) 585-6119
(305) 443-2956 Fax No. (305) 444-2252
JACKSON MEMORIAL HOSPITAL '(~INTENANCE)
1611NW 12 AVENUE, MIAMI, FL 33136
MR. DON STOCKWELL/$51,012
Fax No. (305) 585-0137
BID NO: 55-02/03 CITY OF MIAMI BEACH
DATE: 7/18/03 39
5)
6)
7)
8)
CITYWIDE MAINTENANCE OF ELEVATORS
BID # 55-02/03
CUSTOMER REFERENCE LISTING (Contd.)
Company Name
Address
Contact Person/Contract Amount
Telephone No. (305) 376-2646
Company Name
Address
MIAMI HERALD (MAINTENANCE)
ONE HERALD PLAZA, MIAMI, FL 33132
MR. CHUCK DOUGHERTY/$95,688
FaxNo. (305) 995-8036
ELDORADO TOWERS CONDOMINIUM (MODERNIZATION)
3675 N COUNTRY CLUB DR., AVENTURA, FL 33180
Contact Person/Contract Amount MR. WILLIAM SCHOB/$600,796
Telephone No. (305) 931-8428 FaxNo. (305) 931-4807
CompanyName THE OLYMPUS CONDOMINIUM (MODERNIZATION)
Address 500 THREE ISLANDS BLVD., HALLANDALE, FL 33009
Contact Person/Contract Amount
Telephone No. (954) 456-8886
Company Name
Address
Contact Person/Contract Amount
Telephone No. (305) 931-5900
MS. LOURDES RODRIGUEZ/$549,146
FaxNo. (954) 455-1310
CORONADO CONDOMINIUM (MODERNIZATION)
20301 W COUNTRY CLUB DR., AVENTURA, FL 33180
MR. MANNY GROSSMAN/$420,156
FaxNo. (305) 931-5902
BID NO: 55-02/03 CITY OF MIAMI BEACH
DATE: 7/18/03 40
NOTE:
CONTRACTOR'S QUESTIONNAIRE
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 KONE INC.
PrincipalOffice 3901 COMMERCE PARKWAY, MIRAMAR, FL 33025
How many years has your organization been in business as a General Contractor under your present
business name? 111 years
Does your organization have current occupational licenses entitling it to do the work contemplated
in this Contract? Yes
State of Florida occupational license - state type and number: See Attached
Dade County certificate of competency - state type and number: See Attached
City of Miami Beach occupational license - state type and number: N/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 Contractor 111 yea rs
(B) As a Sub-Contractor Iq lA
(C) What contracts has your organization completed?
Contract Amt Class of Work When Completed Name/Address of Owner
SEE CUSTOMER REFERENCE LISTING AIIACHkU
Have you ever had a contract terminated (as prime contractor or sub-contractor, under existing
company name or another company name) due to failure to comply with contractual
specifications? No
If so, where and why? N/A
Has any officer or partner of your organization ever failed to complete a construction contract
handled in his own name?
NO
BID NO: 55-02/03 CITY OF MIAMI BEACH
DATE: 7/18/03 41
If so, state name of individual, name of owner, and reason thereof N/A
In what other lines of business are you financially interested or engaged? N!A
Give references as to experience, ability, and financial standing
$[~ CUSTOMER REFERENCE LISTING AND ANNUAL REPORT 2001 ATTACHED
What equipment do you own that is available for the proposed work and where located?
N/A
What Bank or Banks have you arranged to do business with during the course of the Contract should
it be awarded to you?
N/A
Please list the names and addresses of the subcontractors to be used for the portions of the work
listed below.
Vendor Campaign Contribution(s):
a. You must provide the names of all individuals or entities (including your sub-consultants)
with a controlling financial interest. The term "controlling financial interest" shall mean the
ownership, directly or indirectly, of 10% or more of the outstanding capital stock in any
corporation or a direct or indirect interest of 10% or more in a firm. The term "firm" shall
mean any corporation, partnership, business trust or any legal entity other than a natural
person.
N/A
BID NO: 55-02/03 CITY OF MIAMI BEACH
DATE: 7/18/03 42
bo
Individuals or entities (including our sub-consultants) with a controlling financial interest:
have X have not contributed to the campaign either directly or indirectly, of a
candidate who has been elected to the office of Mayor or City Commissioner for the City of
Miami Beach. Please provide the name(s) and date(s) of said contributions and to whom
said contribution was made.
I HEREBY CERTIFY that the above answers are true and correct.
BID NO: 55-02/03 CITY OF MIAMI BEACH
DATE: 7/18/03 43
Co','ernor
STATE OF FLORIDA
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
DIVISION OF HOTELS AND RESTAURANTS
BUREAU OF ELEVATOR SAFETY
1940 NORTH MONROE STREET
TALLAHASSEE, FLORIDA 32399-1013
ELEVATOR COMPANY REGISTRATION
KO';F, I..~ C.
One KONE Court
Moline, lL 61265
REGISTRATION NUMBER: .3_3, ~ ' ~
.~-,, 35, 36, 75, 79 and 80
T.'-.e ~!e;'ator company indicated above ,~-; .me: ~he re.~i$~t~_:~on requi:ements for e.,'eva:or companies in the $~a~.e of
pu: :uant to Sec,ion 399.02($)(d), Florida
E.~-:.. ._,Jeva~or company musl: re~'isl:et and have on file wi~h :he division a Ce~ificate of Comptehen$iYe General Liabilim/ insur'~nce
ev;.c::ncin~ coverage limi~ in ~e minimum amountS o[ $100,000 per person and $300,000 per occurrence and
le.'..:, one employee who holds a curren~ Certificate or Compe~.e.ncy ~$sued pursuant ~o s. 399.045. Elevator company means ~ny
p~'..tn ~,:~a~ cons~'uc'~, ins~alls, inspect, m~in~3in$, or repait~ any elevator.
Ti' '~;?:~racion includes ~ny an~ all suS~ffices of ~,Se above named elevator company.
LICENSE NO:
KONE ELEVATORS ESCALATOR
3901 COmmERCE PKWY
MIRAMAR
FL
33025
BEGINNING 10/01/2002
ENDING ON 09/30/2003
OCCUPATIONAL LICENSE
8709207
KO,%E Inc.
fi. ranch 21 0
** RESTRICTIO:VS**
MAIL & PHONE ONLY
NO E.MPLOYEES AT HOME
NO %VORK ON PREMISES
NO CLIENTS AT HO3,1E
NO DELIVERIES TO HOME
HOME USED FOR OFFICE ONL~.
iName & Location of Licensee
~KONE ELEVATORS ESCALATOR
3901 COM}4ERCE PKWY
MIRAMAR FL 33025
CONTACT PERSON:
JAY DIETZ
PHONE:
(954)437-4300
DESCRIPTION:
CONTRACTORS-SUB BUILDING
MAINTENANCE COMPANY
FIRE INSPECT.<5000 SQ.FT.
FIRE INSPECT-EA ADD'L !000SQFT
SPRINKLER SYSTEM
ISSUED DATE: 10/04/2002
Miami Branch Office
Service Sales
Elevators Escalators
KONE Inc.
3901 Commerce Parkway
Miramar, FL 33025
Tel (954) 437-4300
Fax (954) 437-4322
www. kone.com
MIAMI BRANCH OFFICE FACTS
MIAMI BRANCH ESTABLISHED IN 1964 -
· Montgomery units were first installed in the South Florida area in 1937.
FULLY STAFFED OFFICE OF OVER 130 EXPERIENCED EMPLOYEES -
· Ready to administer all phases of installation, modernization, servicing and repair on
all types of vertical transportation equipment.
ONE OF THE LARGEST SERVICE ORGANIZATIONS IN THE SOUTH FLORIDA AREA -
· 16,000 square foot Office made up of 8,000 sq. ft. office space and 8,000 sq. ft.
warehouse and training lab.
· Presently servicing nearly 2200 units of vertical transportation equipment
· Broad experience in servicing all makes of equipment
· Over 45 factory trained service technicians
· Complete local stock of computer inventoried replacement parts and replenish by our
corporate Spare Parts Inventory Network (SPIN)
· Access to a well equipped machine shop with 24 hour service
Miami Branch Office
Service Sales
Elevators Escalators
KONE Inc.
3901 Commerce Parkway
Miramar, FL 33025
Tel (954) 437-4300
Fax (954) 437-4322
www. kone.com
MIAMI BRANCH RELATED PERSONELL
BRANCH MANAGER-
· Jay Dietz, SEB Regional Director
SERVICE DEPARTMENT-
· Mike Venuto, Service Manager
· Scott Tobin, Service Superintendent
SERVICE SALES DEPARTMENT-
· Nick Vonya, Service Sales Manager
· Oscar Gomez, Account Representative
MODERNIZATION DEPARTMENT-
· Dan Scaravelli, Modernization Sales Manager
· Mike Gandy, Modernization Superintendent
ADMINISTRATIVE DEPARTMENT-
· Latrabia Harden, Office Coordinator
Elevators Escalators
TRADE EXPERIENCE-MIAMIBRANCH
NAME POSITION YEARS IN THE TRADE
John Walsh Foreman 31
Bob Bierwirth Adjuster 28
Tom Garneau Adjuster 23
David Johnson Adjuster 32
Bruce Blakey Adjuster 18
David Walker Adjuster 8
Chris Allen Mechanic 29
Jim Maloney Mechanic 24
Charlie Orlando Mechanic 24
Mark Beaudoin Mechanic 24
Craicj Kimer Mechanic 22
Charlie Reeder Repair 21
Doni Bauman Mechanic 21
Ricky Black Mechanic 21
Bernie West Mechanic 19
Jim Quicjley Mechanic 19
Grady Pillips Mechanic 18
John Auld Repair 15
Grecj Williams Mechanic 14
Gerald Descalzo Mechanic 14
Brian Pinder Mechanic 12
Mark Escuacje Mechanic 11
Dave Widlan Mechanic 11
Fernando Alvarez Mechanic 10
John Sinus Mechanic 10
David Roosa Mechanic 10
Bill Guinta Repair 7
Jason Puliam Mechanic 6
Steve Provence Mechanic 30
Abel Arabitcj Mechanic 6
Russell Jones Mechanic 30
John Scott Mechanic 15
Ben Weberman Mechanic 7
Lazaro Gonzalez Repair Helper 7
Richard Hyde Repair Helper 2
Bailey Kirkwood Repair Helper 1
Total Number of Service Vehicles - Thirty (30), which includes Service Mechanics,
Adjusters and Repair Teams.
Miami Branch Office
Service Sales
Elevators Escalators
KONE Inc.
3901 Commerce Parkway
Miramar, FL 33025
Tel (954) 437-4300
Fax (954) 437-4322
www. kone.com
KONE BUILDING FACILITIES
(SQUARE FOOTAGE)
ESCALATOR MANUFACTURING
MCKINNEY MANUFACTURING
MENA MANUFACTURING
TOAL MANUFACTURING
ESCALATOR OFFICES
MCKINNEY OFFICES
CORPORATE OFFICES
SERVICE BUSINESS CENTER OFFICES
OLD MAC BUILDING BALANCE
TOTAL SQUARE FEET
175,328
141,425
38,950
355,703
17,610
29,7OO
85,596
13,000
21,248
522,857
MIAMI BRANCH OFFICE 16,000
Miami Branch Office
Service Sales
Elevators Escalators
KONE Inc.
3901 Commerce Parkway
Miramar, FL 33025
Tel (954) 437-4300
Fax (954) 437-4322
www.kone.com
COMPLETE MAINTENANCE REFERENCE LIST
PROJECT:
CONTACT:
ADDRESS:
PHONE:
BURDINES (VARIOUS LOCATIONS)
57 HYDRAULICS, 8 TRACTION, 66 ESCALATORS
PAUL FREAS
22 EAST FLAGLER ST
MIAMI, FL 33131
305-577-2072
PROJECT:
CONTACT:
ADDRESS:
PHONE:
MIAMI INTERNATIONAL AIRPORT
73 HYDRAULICS, 13 TRACTIONS,
76 POWER WALKS, 91 ESCALATORS
CARL MARLO
P.O. BOX 592075
MIAMI, FL
305-876-7477
PROJECT:
CONTACT:
ADDRESS:
PHONE:
COLUMBUS CENTER
10 TRACTION ELEVATORS
BILL KENDALL
ONE ALHAMBRA PLAZA
CORAL GABLES, FL 33134
305-443-2956
PROJECT:
CONTACT:
ADDRESS:
PHONE:
JACKSON MEMORIAL HOSPITAL
12 TRACTION ELEVATORS
RICK BLOOM
1611 NW 12AVE
MIAMI, FL 33135
305-585-6119
Miami Branch Office
Service Sales
Elevators Escalators
KONE Inc.
3901 Commerce Parkway
Miramar, FL 33025
Tel (954) 437-4300
Fax (954) 437-4322
www.kone.com
MIAMI BRANCH SERVICE ORGANIZATION
The Miami Branch of KONE Inc. has one of the largest service organizations in the South
Florida area. We maintain over 2200 units, employing 45 route mechanics, 3 full time service
adjusters and 4 full time repair crews. All of our service people work closely with a staff of
highly qualified supervisor personnel.
All of our mechanics have received extensive training in the maintenance of sophisticated
microprocessor elevator equipment. Our mechanics receive regularly scheduled technical
training in our regional training office and our Miami Office. Each mechanic is equipped with
specialized diagnostic tools to quickly pinpoint inconsistencies in elevator performance.
Our route mechanics perform regularly scheduled examinations of each elevator and escalator
on their route. They carry two way radios, so that in the event of a shut down they can be
reached immediately and dispatched to the location. We have a 24 hour telephone answering
service that dispatches our servicemen at any time of the day or night, seven days per week.
This is what enables KONE Inc. to offer the finest elevator service in the industry on all makes
of equipment. All jobs are stocked with parts which typically require periodic replacement. All
other components which are susceptible to replacement are inventoried in our branch office or
centralized Parts Distribution Center.
ORDINANCE NO. 2002-3378
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING CHAPTER 2 OF THE CODE OF THE CITY.
OF MIAMI BEACH, ENTITLED "ADMINISTRATION", BY AMENDING ARTICLE VII
THEREOF, ENTITLED ".STANDARDS OF CONDUCT", BY AMENDING DIVISION
4, ENTITLED 'PROCUREMENT", BY AMENDING SECTION 2.486, ENTITLED
'CONE OF SILENCE"; SAID AMENDMENT, IN PART, EXTENDING THE
PROHIBITIONS ON .ORAL COMMUNICATIONS ON ALL REQUEST FOR
PROPOSALS (RFP'S)~ REQUEST FOR-QUALIFICATIONS (RFQ'S), AND
INVITATION FOR BIDS (BIDS), BE'F1NEEN 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.
WHEREA~, on January 29, 2002, the Miami-Dada County Commission approved
Ordinance No. 02-3, amending Section 2-11.1(t) of the Miami-Dada County Code, the
County's Cone of Sllenca Ordinance, with an effective data of February 8, 2002; and
WHEREAS, Miami-Dada County's approved amendments extended the prohibition
on oral communications regarding a particular RFP, RFQ, and bid for the solicitation of
goods and services to those between a potential vendor, service provider, bidder, lobbyist
or consultant, and the Mayor, County Commissioners and their respective staffs; and
WHEREAS, Miami-Dada Counb/s approved amendments added additional
exemptions to the prohibltlon 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 his/her designated staff responsible for administering the procurement process
for such RFP, RFQ or bid, and between a member of the respective selection committee,
provided the communication be limited strictly to matters of process or proced.ura already
contained in the corresponding solicitation document; and
~IEREA~, Miami-Dada County's approved amendments added additional
exemptions to the prohibition on oral communications between the County Manager and
the chairperson of a selec'don committee about a particular selection committee
recommendation, only after the committee has submitted a reCOmmendation to the
Manager and provided that, should any change occur In the committee recommendation,
. the content of the communication and of the corresponding change shall be described in
writing and filed by the Manager with the Clerk of the County and be included in any
recommendation memorandum submitted by the Manager to the County Commission;
WHEREA~, MiamkDade County's approved amendments added additional
exemptions to the prohibition on oral communications pertaining to emergency
procurements.
WHEREAS, said Miami-Dada County amendments am'applicable to the Mayor and
City Commissioners of the City of Miami Beach, the City Manager, and their respective
staffs; and in order to extend said amendments and their applicability to potential vendors,
BID NO: 55-02/03 CITY OF MIAMI BEACH
DATE: 7/18/03 44
service proViders, bldders,'lobbyists, and consu~nts doing business in the City of Miami
Beach, the Administration and the City Attorney's Office herein recommends that the
Ma)~or and City Commission amend the City's Cone of.Silence Ordinance accordingly.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY .
' COMMISSION OF THE CITY OF MIAMI BEACH: ~
8ECTION 1. Section 2-426, of Division 4 of Article VII of Chapter 2 of the Miami Beach
City Code Is hereby amended to mad as follows:
Article VII, 8tmtdardl of Conduct
DIVISION 4. PROCUREMENT
8er.. 2,-486. Cone of allence.
(a) Contracts for the provision of goods; services, end construc~ion pmJecte, etheF
(i) Definition. 'Cone of silence' is hereby defined to mean a prohibition on:'
(a) any communication regarding a particular request for Proposal ("RFP'),
request for qualificetlons ("RFQ'), .~::---~ ~r ~ c .'. _'c .--. ~ !..-t=.-=~ ~P.F'_!"~
or bid between a potential vendor, service provider,, bidder, lobbyist, .or
consultant and the city's adminfi~,-ative staff including, but not limited to,
the city manager and his or her staff;
(b) any communication regarding a particular RFP, RFQ, ~ or bid
between the mayor, city commissioners, or their reapactive staffs, and
any member of the city's admini~l~-atlve staff Including, but not limited to,
the city manager, and his or her staff;
(c) any communiceflon regarding a partiCUlar RFP, RFQ, RFL~, or bid
between a po[ential vendor, service provider, bidder, lobbyist, or
consultant and any member of a city evaluation ~
committee therefor. :.".-J
'(d) any communiceiton regarding, a. partk=Jlar.?.=.P,
between the mayor, city commmmonem,_or me,r respec[rve StmTS,_ano
=r.7 ~.member. of a city evaluatio~ ~ commit~e therefor.
(e) any oom,~un!_,~e_t~n reeerdina a oart!~_,!er RFP. RFQ. or bid between the
mayor, city comm!_~e!oners.' or their respective ml,;;~, and a
ygndor, service orovlder, bidder, lobbyist, or consultant- ~
th-- ....3!- ,k.. ~ ..~., .~ .k=. ~ .--.k. ~
- :.':_ . '_'r. _
.... -_~.-'.=;; _ ............ , ~- ..... '_'.~
OC..'~.. ,'~. ' ' .'.[ -"3'-!= .'. -, ........ = .....-" . ....... C ...... ,
A Th9 cone of silence shall be imposed upon each RFP, RFQ, RFL-h
-'.-.d orbld after the advertisement of said RFP, RFQ, RFL~, 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 esliciteflon for goods and
services a statement disclosing the requirements of this division.
b. The cone of silence shall terminate:
e)~L~at the time the city manager makes his or her written
recommendation as to selection of a particular RFP, RFQ, RFL--h or
bid to the city commission, and said RFP, RFQ, ~ or bid is
awarded; provided, however, that following the Ml~anager making his
or her written recommendation, the cone of silence shall be lifted as
relates to oommunlcations between the M []:tayor and M-~embers of
the C-_co_ mmission and the ~ M-m_anager; providing further if the
city commission refers the manager's recommendation back to. the
city manager er-~aff 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, ~ or bid is
awarded;
cr b} (11) in the event of contracts for less than $25,000, when the City
manager executes the contract.
(3) Exceptions. The p.'c:~.=!c.-.= _'cf. *.h!= c~!.-.=.".-"-~ =gl3~shall not apply
(a) cqm~et_'~.Ne ~)~ for the award of CDBG. HOME. SHIP and Surtax
Funds administered by the city office of community develonment", and
(b) comrnl~.~__.t~_ns with the city attorney and his or her staff.
(a) (c) oral c0mmunlcetionS at pre-bid conferences;
· -,n'~ d~)_orel presentations before evaluation' t~committees;-
~ ~x:)ntract discussions during any duly noticed public meeting;
/.4& .fi} public presentations made to the'city commissioners during any duly
noticed public meeting;
(e) ~ C°ntmct nagoflationa with city staff following the aWard of ah RFP,
RFQ, RFL-h or bid by the c~y commission;
(~ (h) communications in writing at any time with 'any city employee, ofliclal
or member of the city commission, unless specifically prohibited by the
applicable RFP, RFQ, ~ or bid document~; er
1
DATE: 7/18/03 46
.,u, ./il 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 C_commlssion meeting.
~",~, ,'j) communications reuardln, a ~articular RFP, RFQ or bid between the
o_r~:~.rement director, or his/her administrative staff resoonsible for
admlnL~rlna the procurement process for such RFP, RFQ 9r bid and a
member of the evaluation/selection cornmlttee therefor, orovided the
communication is limited strictly to matters of orocess or procedure alreedv
contained iq ~he corr~soondina solic~tion document:
LI~ dulv n~!_M_d site visits to determine the comoetencv of bidders reaardina
a part.!_,~_]L~r bid durlnfl the time oeriod between th~ onenina of bids and the
time the ci~ manaaer makes his or her written recommendation:
I~' any ,pmeraenov ProCUrement of aoods or services:
(m} communications reaerdina a Darticular RFP. RFQ. or bid between any
person, and the procurement director, or his/her administrative stm~
m._-_no_ risible for administerina the procurement process for such RFP. RFQ.
or bid. provided the communication is limited strictly to matters of DroCeSS or
procedure already contained in the cormspondir~ solicitation document.
(nl The bidder, .proposer, vendor, service provider, lobbyist, or consultant
shall file a copy of any written communications with the city clerk. The city
clerk shall make copies available to any person upon request.
I
DATE: 7/18/03 47
~ Violations/penalties and procedures. A violation of this section by a parlicular
bidder,, propcee~, vendor, service provider, lobbyist, or consultant shall subject said
bidder, ~ proposar, vendor, ~rvlce provider, Iobbylat, or consu~a~nt t~ ~ same
procedures set forth in Division 5, entitled :Debarment of Contractors.' from City
Work; shall render any RFP award, RFQ award, RFL-l-awa~, or bid award to said
bidder, pmpo~r, vendor, ~ce prov~er, bidder, lobbyist, or ~onsult~nt voidabie:
and said bidder, proposer, vendor, service provider, lobbyist, or consultant shall not
pe coneld~'ed ~or any RFP, RFQ, ~ or bid ~or a ~ontm~t for the provision of~
goods or'sarvices for a period of one year. Any person who violates a provisionof
this dMsion shall be prohibited from serving on a city evaluation and/or selection
commiRee. In addition to any other penalty prmtided by law, viol~lon of any
provision of this .division by a ~ity employee shall subJeol said employee to
di~w..ipllna~ aotion up to and including dismissal. AddRionelly, any p~'~on who hes
personal knowledge of a violation of this dMsion shall report such violation to the
city attomey's office or state attorney's office,, and/or may file a complaint with the ·
county ethics commission.
(O~d. No. 9~-3164, § 1, 1-0-~; Ord. No. ~001-~295, § 1, ~-14-01)
SECTION 2. CODIFICATION-
It IS the intention of the Mayor and City Commission of the City of Miami Beech, 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 relettarad to a~complish such Intention, and the word "ordinance" may be
changed to "section", "ardcle", or other appropriate word.
SECTION 3. REPEALER.
All .ordinances or parts of ordinances in conflict herawi~ be and the same ara hereby'
SECTION 4. SEVERABILITY..
If any section, subsection, sentence, clause, phrase Or POrtion of this Ordinance is, for any
mason, held invalid or unconstitutional, such POrtion shall be deemed a separate, distinct
and independent provision and such holding shall not affect the validity or constitutionality
of the remaining POrtions of this Ordinance.
SECTION 5. EFFECTIVE DATE.
This Ordinance shall take effect on the 10th
Is 10 days after adoption.
PASSED and ADOPTED this . 31.t
ATTEST:
,day of ~.t
,2002, which
,2002.
/' YMaor
C~y CHrk
Letters or numbers that ara stricken through.ara deletions from existing ordinance.
Letters or numbers that am underlined ara addiflona to existing ordinance.
F:~ATTO~O MJ~RE~rO RD~CO N EOFSlLE NCE.FNL. DOC
BID NO: 55-02/03 CITY OF MIAMI BEACH
DATE: 7/18/03 49
MURRAY IL DUBBIN
City Attornt7
f L 0 # I O A
Telephone:
Tdecopr:
(30S) 673-747
(30S) 673-'/00
COMMISSION MF, MORANDUM
TO:
FROM:
DATE: dULY 31, 2002
MAYOR DAVID DLR~rltR
MEMBERS OF ~ CITY co .MML~q~
MURRAY DUBBIN . ~ll~/~
JORGE M. GONZ,aL~.z
CITY MANAGER
AMENDMENT TO CITY'S "CONE OF ,q~.I~-NCE" ORDINANCE
On Janusry 29, 2002~ thc Mismi-D*~-- County Co~.~sion ~ m mumim~t to
County's ~ of Silcnc~" Otxlimnc~,.with an effective date of Fcbrum~ 8, 2002. 'I~
~n~hnents to the County's Ordinance, which tl~ City M~ng~ and the City Attorf~y's Office
he~n recomnxmd be inco~oro~l as an amendment to the City's ovm "Con. of Silence" Ordinance,
a~ as follows:
(1) Exu~i%. lhe prolu'bition on omi co~Mnicafions reg~i%~ a particuhr RFP, ~q,
m3d bid for tb~ sollcltation of 8oods nd services to tho~e b~tween a P°emfi~ v~i°r,
their re~:e~ve
(2) Ex~e~lin$ the lxolu~aon on o~1 communications ~-garding a l~ieular RFP,
or bid betwee~ any ndministr~tive staff n~mber, and any member of an evsluation
~ld/or ~let~ioll CO!mcnittc~
(3) Notwithstanding the prohibition in subsection (2) ~bove, providinf on e:mnptlou
allowin8 the Mm, u~er ~ the. ch.i,~*r~o~ of the evaluation sad/or sd~cfion
committcc to co~dnunicate upon s l:~'ticuhr cwalumlon cad/or selccti~
Agenda Itmn ,~'C
1700 Convention Center Drive - Fourth lr~oor-- Mimni ]lead Dato~
BID NO: 55-02/03 CITY OF MIAMI BEACH
DATE: 7/18/03 50
(4)
recommendation, but only after the committee has submitted an award
recommendation to thc Manager and, provided should a change occur in the
committee's recommendation, the content of the communication and of the
correspondence chang~ shall be described in writing and filed by the Manager with
the City Clerk, and be included in any recommendation memorandum submitted by
the Manager to the Commission;
Creating an exemption allowing communications regarding a pnrtio_~!._~ RFP, RFQ,
or bid between the Procurement Director (or his/her admlni.halive staffresponsible
for administering the particular RFP, RFQ, or bid process) and a member of the
eval~s_ti_on/selection committee therefor, provided the communication is limited
strictly to ro~_u__~,~rs of process or procedure already contained in the corresponding bid
Creating an exemption for duly noticed site visits'to determine the competency of
bidders re~arding a particular bid, during the time period between the opening of the
bids and the time the Manager makes his/her wrkten recommendation to the
Corr._ ission;
(6) Creating an exemption for emergency procurement of goods or services; and
Creating an exemption to allow for commtmications re~!_ins a particular RFP,
RI0., or bid between any person and the Procurement Director(or his or her
adminisirativ¢ staff responsible for administering the bid process), provided the
communication is !imil~ to ~ of process or procedure akeady contained in the
bid documents.
The Miami-Dade County Commission on Ethics has consistently taken the lx~ition that the
County's Ethics legislation, as codified in Section 2 of the Miami-Dada County Code, applies to
municipal officers and e~hployees, whether or not they chose to ndopt con-esponding legislation or
not. However, one of the reasons that the City of Minmi 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 permis.m'ble), but alSO, assuming the County ethics legislation only applies to
municipal officers and employees, the enactment of the City's owu cone of silence ordinance
extended the prohibitions of the ordinance, and the sanctions there, to potential vendors~ service
providers, bidders, lobbyists, and/or consultants doing business with the City of Miami Be~ch.
It is therefore reconunended by the City Manager and City Attorney's Office's that the Mayor
and City Commission herein adopt, on first reading, thc attached amendments to the City's Coue of
Silence Ordinance; said arnan,~u~ents mirroring the amendments already approved by the Minl~-
Dada County Commission (in its Cone of Silence Ordinance).
BID NO: 55-02/03 CITY OF MIAMI BEACH
DATE: 7/18/03 51
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, ~5 1, 2, 3-4-92; Ord. No. 92-2785, 55 1, 2, 6-17-92)
Cross reference(s)--Definitions generally, s 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:
BID NO: 55-02/03 CITY OF MIAMI BEACH
DATE: 7/18/03 52
(1) His name;
(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 finding of
financial hardship, based upon a sworn statement of the applicant. Any person who only
appears as a representative of a nonprofit corporation or entity (such as a charitable
organization, a neighborhood or homeowner association, a local chamber of commerce or a
trade association or trade union), without special compensation or reimbursement for the
appearance, whether direct, indirect or contingent, to express support of or opposition to any
item, shall not be required to register with the clerk as required by this section. Copies of
registration forms shall be furnished to each commissioner or other personnel named on the
forms.
(Ord. No. 92-2777, ~ 3, 3-4-92; Ord. No. 92-2785, 5 3, 6-17-92)
BID NO: 55-02/03 CITY OF MIAMI BEACH
DATE: 7/18/03 53
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, ~ 4, 5, 3-4-92; Ord. No. 92-2785, ~ 4, 5, 6-17-92)
Sec. 2-484. Sign-in logs.
In addition to the registration requirements addressed above, all city departments, including the
offices of the mayor and city commission, the offices of the city manager, and the offices of the city
attorney, shall maintain signed sign-in logs for all noncity employees or personnel for registration
when they meet with any personnel as defined in section 2-481.
(Ord. No. 92-2785, ~ 6, 6-17-92)
See. 2-485. List of expenditures.
(a) On October 1 of each year, lobbyists shall submit to the city clerk a signed statement under
oath listing all lobbying expenditures in the city for the preceding calendar year. A statement
shall be filed even if there have been no expenditures during the reporting period.
(b) The city clerk shall publish logs on a quarterly and annual basis reflecting the lobbyist
registrations filed. All logs required by this section shall be prepared in a manner
substantially similar to the logs prepared for the state legislature pursuant to F.S. 9 11.0045.
(c) All members of the city commission and all city personnel shall be diligent to ascertain
whether persons required to register pursuant to this section have complied with the
requirements of this division. Commissioners or city personnel may not knowingly permit
themselves to be lobbied by a person who is not registered pursuant to this section to lobby
the commissioner or the relevant committee, board or city personnel.
(d) The city attorney shall investigate any persons engaged in lobbying activities who are
reported to be in violation of this division. The city attorney shall report the results of the
investigation to the city commission. Any alleged violator shall also receive the results of
any investigation and shall have the opportunity to rebut the findings, if necessary, and
submit any written material in defense to the city commission. The city commission may
reprimand, censure, suspend or prohibit such person from lobbying before the commission or
any committee, board or personnel of the city.
(Ord. No. 92-2777, 9 6, 3-4-92; Ord. No. 92-2785, 9 7, 6-17-92)
BID NO: 55-02/03 CITY OF MIAMI BEACH
DATE: 7/18/03 54
RESOLUTION NO. 2000-23879
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH REQUIRING THAT CONTRACTORS ADOPT
A CODE OF BUSINESS ETHICS PRIOR TO ENTERING INTO A
CONTRACT WITH THE CITY OF MIAMI BEACH
WHEREAS, the Greater Miami Chamber of Commerce ("GMCC") adopted a
Model Code of Business Ethics (the "Model Code"); and
WHEREAS, the City of Miami Beach is a member of the GMCC; and
WHEREAS, the Model Code, attached h~reto 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 OMCC encourages its members to adopt the principles and
practices outlined in the Model Code; and
WHEREAS, the Commission believes that each entity which does business with
the City of Miami Beach should be required, as a condition of doing business with the
County to adopt a Code of Business Ethics.
NOW, THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA:
Section 1. Each person or entity that seeks to do business with the City shall
adopt a Code of Business Ethics ("Code") and submit that Code to the City Manager or
his or her designee prior to execution of any contract between the 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 oftbe City Code.
Section 2. The Commission urges the Greater Miami Chamber of Contmerce
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: 55-02/03 CITY OF MIAMI BEACH
DATE: 7/18/03 55
PASSED and ADOPTED this
ATI'EST:
CITY CLERK
12th
day of April 2000
·' ~LAYOR
~M~I~OVED A~TO
FC,'RM & LANGUA~,~
BID NO: 55-02/03 CITY OF MIAMI BEACH
DATE: 7/18/03 56
GREATER MIAMI CHAMBER OF COMMERCE
MODEL CODE OF BUSINESS ETHICS
STATEMENT OF PURPOSE
The Greater Miami Chamber of Commerce ('GMCC") seeks to create and sustain sn ethical business
ciimate for its members and the community by adopting a Code of Business Ethics. The GMCC
encourages its members lo incorporate the principles and practices outlined here in their individual
codes of ethics which will guide their relationships with customers, clients and suppliers. This Model
Code can and should be prominently displayed et all business locations and may be incorpo~'ated 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 ethics.
This Mod'el Code is · statement ofpr~ncipfes to help ~.~de decision~ end ..=~on.s bgsed' on resps=Ctlul~otdhee
importance of ethical busine ss standards ~n the corn mumty. ~he GMCC believes me ~:lopt~on ol a meanmg co
of slhics is the respon sibili¥ of every business and professionaJ organization.
Compliance with Government Rules & Regulations
We will properly maintain all records and post all licenses and certificates
in prominent places easily seen by our employees and customers;
In dealing with government agencies and employees, we will conduct business in
accordance with all appticable rules and regulations and in the open;
· We witl report contract irregula~'ities and ether improper or unlawful business
practices to the Ethics Commission, the Office of Inspector General or
appropriate law enforcement authorities.
Recruitment~ Selection & Compensaltion of Vendors and Suppliers
We will avoid conflicts of interest and disclose such conflicts when identified;
Gifts which compromise the integrity o~ a business transaction are unacceptable;
we will not kick back any portion of a contract payment to employees of the other
contracting party or accept such a kickback.
Business Accountin~
All our financial transactions will be properly and fairly recorded in appropriate
books of account, and there will be no "off the books" transactions or secret
accounts.
Promotion and Sales of Products and Services
Our products will comply with all applicable safety and quality standards;
We will promote and advertise our business and its products or services in a
manner which is not misleading and does not falsely disparage our competitors;
Ooinfl Business with the Government
BID NO: 55-02/03 CITY OF MIAMI BEACH
DATE: 7/18/03 57
· 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 w~l 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 w~. are the unsuccessful bidder;
· We will, to the best of our ability, p&rform government contracts awarded at the
price and under the terms provided for in the contract. We will not submit inflated
invoices for goods provided or services pedormed under such contracts, and
claims will be made only for work actually performed. We will abide by all
contracting and subcontracting regulations.
· We will not, directly or indirectly, offer to give a bribe or othen~vise channel
kickbacks from contracts awarded, to government officials, their family members
or business associates.
Wa will not seek or expect preferential treatment on bids based on our
participation in political campaigns.
pUbli~.Life and Political Campai~lns
· We encourage all employees to participate in community life, public service and
the political process:
We encourage all employees to recruit, support and elect ethical and qualified
public officials and engage them in dialogue and debate about business and
community issues;
Our contributions to political parties, committees or individuals will only be made
in accordance with applicable law and will comply with all requirements for public
disclosure. All contributions made on behalf of the business must be reported to
senior company management[
/
· We will not conlribute to the campaigns, of persons who are c~nvicted fans or
those who do not sign the Fair Campaign Practices Ordina~,e~ /
/
We will not knowingly disseminate false campaign info,~Ration or s/~port' "those
Company 'Name Corpora[e Officer/
08-15-03
Date
BID NO: 55-02/03 CITY OF MIAMI BEACH
DATE: 7/18/03 58
ORDINANCE NO 2000-3234
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 2, ARTICLE
VI, ENTITLED *'PROCUREMENT", BY CREATING DIVISION 5,
ENTITLED "DEBARMENT", SECTIONS 2-397 THROUGH 2-406 OF THE
CODE OF THE CITY OF MIAMI BEACH, FLORIDA, PROVIDING FOR
DEBARMENT OF CONTRACTORS FROM CITY WORK; PROVIDING
FOR 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
(a)
(b)
2-397.Purpose of debarment.
The City shall solicit offers from, award contracts to, and consent to subcontractors with
responsible contractors only: To effectuate this police, the debarment of contractors from
City work may be undertaken.
The serious nature of debarment requires that this sanction be imposed only when it is in the
public interest for the City's protection, and not for purposes of punishment. Debarment shall
be imposed in accordance with the procedures contained in this ordinance.
Section
2-398.Definitions.
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: 55-02/03 CITY OF MIAMI BEACH
DATE: 7/18/03 59
(b) Civil judgment means a judgment or finding of a civil offense by any court of competent
jurisdiction.
(c) Contractor means any individual or other legal entity that:
(d)
(e)
(1) Directly or indirectly (e.g. through an affiliate), submits offers for is awarded,, or
reasonably may be expected to submit offers or be awarded a City contract,
including, but not limited to vendors, suppliers, providers, Bidders, Proposers,
consultants, and/or design professionals, or
(2) Conducts business or reasonable man be expected to conduct business, with the City
as an agent,, representative or subcontractor of another contractor.
Conviction means a judgement or conviction of a criminal offense, be it a felony or
misdemeanor, by any court of competent jurisdiction, whether entered upon a verdict or a
plea. and includes a conviction entered upon a plea of nolo contendere.
Debarment means action taken by the Debarment Committee to exclude a contractor (and. in
limited instances specified in this ordinance, a Bidder or Proposer from City contracting and
City approved subcontracting for a reasonable, specified period as provided in subsection (j)
below: a contractor so excluded is debarred.
(g)
Debarment Committee means a group of seven (7) individual members, each appointed by
the Mayor and individual City Commissioners, to evaluate and. if warranted, to impose
debarment,
Preponderance Greater weight of the evidence means proof by information that, compared
with that opposing it, leads to the conclusion that the fact at issue is more probably true than
not.
(h)
Indictment means indictment for a criminal offense. An information or other filing by
competent authority charging a criminal offense shall be given the same effect as an
indictment.
(i)
(J)
Legal proceeding means any civil judicial proceeding to which the City is a party or any
criminal proceeding. The term includes appeals from such proceedings.
List of debarred contractors means a list compiled, maintained and distributed by the City=s
Procurement Office. containing the names of contractors debarred under the procedures of
this ordinance.
Section 2-399.List of debarred contractors.
(a) The City's Procurement Office. is the agency charged with the implementation of this
ordinance shall:
BID NO: 55-02/03 CITY OF MIAMI BEACH
DATE: 7/18/03 60
(1) Compile and maintain a current, consolidated list (List) of all contractors debarred by
City departments, Such List shall be public record and shall be available for public
inspection and dissemination;
(2) Periodically revise and distribute the List and issue supplements, if necessary, to all
departments, to the Office of the City Manager and to the Mayor and City
Commissioners: and
(3) Included in the List shall be the name and telephone number of the City official
responsible for its maintenance and distribution.
(b) The List shall indicate:
(1) The names and addresses of all contractors debarred, in alphabetical order;
(2) The name of the department that recommends initiation of the debarment action;
(3) The cause for the debarment action, as is further described herein, or other statutory
or regulatory authority;
(4) The effect of the debarment action;
(5) The termination date for each listing;
(6) The contractor's certificate of competence or license number, when applicable;
(7) The person through whom the contractor is qualified, when applicable;
(8) The name and telephone number of the point of contact in the department
recommending the debarment action.
(c)
The City's Procurement Office shall:
(1) In accordance with internal retention procedures maintain records relating to each
debarment;
(2) Establish procedures to provide for the effective use of the List, including internal
distribution thereof to ensure 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 5/7ths
vote of the City Commission at a regularly scheduled City Commission meeting. Debarred
contractors are also excluded from conducting business with the City as agents,
representatives, subcontractors or partners of other contractors.
(b) Debarred contractors are excluded from acting as individual sureties.
BID NO: 55-02/03 CITY OF MIAMI BEACH
DATE: 7118/03 61
Section 2-401.Continuation of current contracts.
(a)
Commencing on the effective date of this ordinance, all proposed City contracts, as well as
Request for Proposals (RFP). Request for Qualifications (RFO). Requests for Letters of
Interest (RFLI). or bids issued be the City. shall incorporate this ordinance and specify that
debarment may constitute grounds for termination of the contract as well as disqualification
from consideration on any RFP, RFO. RFLI. or bid.
(b)
The debarment shall take effect in accordance with the notice provided by the City Manager
pursuant to subsection 2-405(h) below, except that if a City department has contracts or
subcontracts in existence at the time the contractor was debarred, the debarment period may
commence upon the conclusion of the contract, subject to approval of same be 5/7ths vote of
the Mayor and City Commission at a regularly scheduled meeting.
(c)
City departments may not renew or otherwise extend the duration of current contract or
consent to subcontracts with debarred contractors, unless the City Manager determines that
an emergency exists justifying the renewal or extension or for an approved extension 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 ora 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: 55-02/03 CITY OF MIAMI BEACH
DATE: 7/18/03 62
(b)
Debarment constitutes debarment of all officers, directors, shareholders owning or
controlling twenty-five (25) percent of the stock, partners, divisions or other organizational
elements of the debarred contractor, unless the debarred decision is limited by its terms to
specific divisions, organizational elements or commodities. The Debarment Committee's
decision includes any existing affiliates of the contractor if they are (I) 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) For commission of a fraud or a criminal offense in connection with obtaining
attempting to obtain, performing, or making a claim upon a public contract or
subcontract or a contract or subcontract funded in whole or in part with public funds;
(2) For violation of federal or State antitrust statutes relating to the submission of offers;
(3) For commission of embezzlement, theft, forgery, bribery, falsification or destruction
of records, making false statements, or receiving stolen property;
(4) Which makes the City the prevailing party in a legal proceeding and a court
determines that the lawsuit between the contractor and the City was frivolous or filed
in bad faith.
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) conceming the
proposed debarment, including the cause and grounds for debarment as set forth in this
ordinance.
BID NO: 55-02/03 CITY OF MIAMI BEACH
DATE: 7/18/03 63
(b)
(c)
(d)
(e)
(0
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
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.
No later than seven (7) working days, prior to the scheduled hearing date, the contractor
must furnish the City's Procurement Office a list of the defenses the contractor intends to
present at the hearing. If the contractor fails to submit the list, in writing, at least seven (7)
working days prior to the hearing or fails to seek an extension of time within which to do so,
the contractor shall have waived the opportunity to be heard at the hearing. The Debarment
Committee has the right to grant or deny an extension of time, and for good cause, may set
aside the waiver to be heard at the hearing, and its decision may only be reviewed upon an
abuse of discretion standard.
Hearsay evidence shall be admissible at the hearing but shall not form the sole basis for
initiating a debarment procedure nor the sole basis of any determination of debarment. The
hearing shall be transcribed, taped or otherwise recorded by use of a court reporter, at the
election Committee and at the expense of the City. Copies of the hearing tape or transcript
shall be furnished at the expense and request of the requesting party.
Debarment Committee's decision. In actions based upon a conviction or judgment, or in
which there is no genuine dispute over material facts, the Debarment Committee shall make
a decision on the basis of all the undisputed material information in the administrative
record, including any undisputed, material submissions made by the contractor. Where
actions are based on disputed evidence, the Debarment Committee shall decide what weight
to attach to evidence of record, judge the credibility of witnesses, and base its decision on the
prepondenance greater weight of the evidence standard. The Debarment Committee shall be
the sole trier of fact. The Committee's decision shall be made within ten (10) working days
BID NO: 55-02/03 CITY OF MIAMI BEACH
DATE: 7/18/03 64
(g)
after conclusion of the hearing, unless the Debarment Committee extends this period for
good cause.
The Committee's decision shall be in writing and shall include the Committee's factual
findings, the principal causes of debarment as enumerated in this ordinance, identification of
the contractor and all named affiliate: affected by the decision, and the specific term,
including duration, of the debarment imposed.
(h) Notice of Debarment Committee's decision.
(i)
(1) If the Debarment Committee decides to impose debarment, the City Manager shall
give the contractor and any named affiliates involved 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.
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 subj eot
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)
(c)
The period of debarment imposed shall be within the sole discretion of the Debarment
Committee. Debarment shall be for a period commensurate with the seriousness of the
cause(s), and where applicable, within the guidelines set forth below, but in no event shall
exceed five (5) years.
The following guidelines in the period of debarment shall apply except where mitigating or
aggravating circumstances justify deviation:
(1) For commission of an offense as described in subsection 2404(a)(1): five (5) years.
(2) For commission of an offense as described in subsection 2404(a)(2): five (5) years.
(3) For commission of an offense as described in subsection 2404(a)(3): five (5) years.
(4) For commission of an offense as described in subsection 2404(a)(54): two (2) to five
(5) years.
(5) For commission of an offefise as described in subsections 2404(b)(1) or (2): two (2)
to five (5) years.
The Debarment Committee may, in its sole discretion, reduce the period of debarment, upon
the contractor's written request for reasons such as:
(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;
BID NO: 55-02/03 CITY OF MIAMI BEACH
DATE: 7/18/03 65
(4) Elimination of other causes for which the debarment was imposed; or
(5) Other reasons the Debarment Committee deems appropriate.
(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 of Mamh,2000.
PASSED and ADOPTED this 23rd day of February, 2000.
BID NO: $$-02/03 CITY OF MIAMI BEACH
DATE: 7/18/03 66
ORDINANCE NO. 2002-3344
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, ESTABLISHING PROCEDURES FOR
RESOLVING BIDS (BIDS), REQUEST FOR PROPOSALS (RFP'S), REQUEST
FOR QUALIFICATIONS (RFQ'S), REQUEST FOR LETTERS OF INTEREST
(RFLI'S), AND PURCHASE ORDERS BASED ON WRITTEN OR ORAL
QUOTATIONS, BY AMENDING CHAPTER 2 OF THE CODE OF THE CITY
OF MIAMI BEACH ENTITLED "ADMINISTRATION"; BY AMENDING
ARTICLE VI THEREOF ENTITLED "PROCUREMENT'; BY CREATING
SECTION 2-371 ENTITLED "AUTHORITY TO RESOLVE PROTESTED
BIDS AND PROPOSED AWARDS"; PROVIDING FOR SEVERABILITY;
PROVIDING FOR CODIFICATION; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, from time to time the City procures goods and services through Invitation
for Bids, Requests for Proposals, Requests for Qualifications, Requests for Letters of
Interest, and purchase orders based on written or oral quotations, in accordance with the
public bidding procedures set forth in Florida law and the Code of the City of Miami Beach
(the "City Code"); and
WHEREAS, such process may lead to protested bids and proposed awards; and
WHEREAS, it is the intent of the Mayor and City Commission that procedural and
technical issues related to Invitations for Bids, Requests for Proposals, Requests for
Qualifications, Requests for Letters of Interest, and purchase orders based on written or
oral quotations, be decided by the City Manager and the City Attorney, and that their
determinations with respect to said procedural and technical issues shall be deemed final;
and
WHEREAS, it is in the best interests of the City and all respondents to Invitations for
Bids, Requests for Proposals, Requests for Qualifications, Requests for Letters of Interest,
and purchase orders based on written or oral quotations, to have a clear and unequivocal
procedure for resolving such protests in a timely and expeditious manner.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, as follows:
Section 1. There is hereby added to Article VI of Chapter 2 of the City Code a new
Section 2-3 71, 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
BID NO: 55-02/03 CITY OF MIAMI BEACH
DATE: 7/18/03 67
services ("hereinafter, collectively referred to as the bid") may protest to the
City Manager or his or her designee. Protests arising from the decisions and
votes of any evaluation or selection committee shall be limited to protests based
upon alleged deviation(s) from established purchasing procedures set forth in
this Code, any written guidelines of the Procurement Department, and the
specifications, requirements and/or terms set forth in any bid.
(2)
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.
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: 55-02/03 CITY OF MIAMI BEACH
DATE: 7/18103 68
(d)Authority to Resolve Protests. The City Manager or his or her designee shall have the
authority to settle and resolve a protest concerning the solicitation or award ora
bid.
(e)
Responsiveness. Prior to any decision being rendered under this Ordinance with
respect to a bid protest, the City Manager and the City Attorney, or their
respective designees, shall certify whether the submission of the bidder to the
bid in question is responsive. The parties to the protest shall be bound by the
determination of the City Manager and the City Attorney with regard to the
issue of responsiveness. T~e
Atteme3 ........ ~ ......
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 of a timely protest under
this section, the City shall not proceed further with the solicitation or with the
award pursuant to such bid unless a written 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
BID NO: 55-02/03 CITY OF MIAM1 BEACH
DATE: 7/18/03 69
(1)
question.
The determination of the City Manager and the City Attorney with regard to all
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 January, 2002.
PASSED on First Reading this 19th day of December ,2001.
PASSED and ADOPTED on Second Reading this 9th day of January. 2002.
~~YOR
BID NO: 55-02/03 CITY OF MIAMI BEACH
DATE: 7/18/03 70
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. 2~ ~ 2-487. Prohibited Campaign Contributions by Vendors
(-a-)A. General.
(1)
(a) No per:on who is a vendor ~ae-c4W shall give a campaign contribution
d~rectlyror .....~, ................... ~- .................................e,-- ~ v
action .... ;*~ o- '~ .... ~ ......u ........ 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 proposed city contracts, as
well as requests for proposals (RFP), requests for qualifications (RFO), reauests for
letters of interest (RFLI), or bids issued by the City, shall incorporate this Ordinance
so as to notify potential vendors of the proscription embodied herein.
(b) No candidate; or campaign committee of a candidate for the offices of mayor
or commissioner, shall sog~)t~m~ deposit into such candidate's campaign
BID NO: 55-02/03 ClTY OF MIAMI BEACH
DATE: 7/18/03 71
(2)
(3)
account any campaign contribution directly or indirectly from a pergzn ;;'kc. i: a
vendor to t ...... ~, ........ o ...................
a p ............... e.r g
a .... ;-~; ....... ;~ k..-; ....... ;*;~ Candidates (or those acting on their behal0
shall ensure compliance with this code section by confi~in~ wi~ the Procurement
Division's CiW records (includin~ Ciw of Miami Beach website) to veri~ ~e vendor
stares of any potential donor.
A fine of up to $500.00 shall be imposed on evew person who violates this
pmhikk~an section. Each act of soli:itatian, giving or re~ziving depositing a
contribution in violation of this pa-agraph section shall constitute a separate
violation. All con~ibutions ~ deposited by a candidate in violation of this
........ "section shall be forfeited to ~e ciW's general revenue ~nd.
A person or entity who directly
~ ~ ................. tt~e, er ........... j ...... v ......
family, ~. through a p~';*:~-~ acficn
indirectly m~es a contribution to a c~didate who is elected to ~e office of mayor
or commissioner shall be disqualified for a period of 12 months following the
swe~ng in of the subject elected official ~om ~ se~ing as a
vendor with ~e ciW. Thi: --~:~:*: ............ ;~ ~"~: ....... :*~ '~ '
~ ...........................
(4) As used in this section:
(a)
1. A "vendor" is a person and/or entity who trangact:
o~ has been ........ ~ ~"' *~'~ ~;~ ..... :~:~
c:~/, ~r k ~:.+~a cn the ::~'. ...... ~.'~ a~rcv:d .... a~ u~. selected by the
CiW as the success~l bidder on a present or pending bid for goods,
equipment or se~ices, or has been approved by the City on a present or
pending award for goods, equipment or se~ices, 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 financial 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,
(b)
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, equipment or
services.
For purposes of this section, the term "services" shall mean the rendering by
a vendor through competitive bidding or otherwise, of labor, professional
and/or consulting services to the City of Miami Beach.
BID NO: 55-02/03 CITY OF MIAMI BEACH
DATE: 7/18/03 72
(b) A "contribution"
(c)
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).
Conditions for waiver of prohibition. The requirements of this section may be waived by a
5/7th vote for a particular transaction by city commission vote after public hearing upon
finding that:
(l) ..... F .............. F .......... cr F' ~v ................................... /
t~(1) The propc~' ~ment or se~mes to be involved in ~e proposed ~saction
are unique and the city cannot avail itself of such pro~;~' ~ment or
se~ices without entering into a ~ansaction which would violate this section but for
waiver of its requirements; ox
,..,(2)
(4)
The business entity involved in the proposed transaction is the sole source of supply
within ~c city as determined by the City's Procurement Director in accordance with
procedures established in section 2-367(c) of the Miami Beach City Code; or~
An emergency contract (as authorized by the City Manager pursuant 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
A contract for the provision of goods, equipment or services exists which, if
terminated by the City, would be adverse to the best economic interests of the City.
BID NO: 55-02/03 CITY OF MIAMI BEACH
DATE: 7/18/03 73
Any grant of waiver by the city commission must be supported with a full disclosure of the subject
campaign contribution.
(c~)C. Applicability. This section shall be applicable only to prospective transactions, and the city
commission may in no case ratify a transaction entered into in violation of this section.
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 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 or relettered to
accomplish such intention, and the word "ordinance" may be changed to "section", "article," or other
SECaaO S. EFFEC"F DATE
This Ordinance shall take effect thc tSt~;doyof Ja_nua~r~ .2003.
,.
- . t /
CITY ~LE~
(Rcqucst~ by Commissioner lose Smith, and approved by Community Affairs Committee)
(Passed on 1st Readin8 on Dcccmber 11, 2002)
BID NO: 55-02/03 CITY OF MIAMI BEACH
DATE: 7/18/03 74
ORDINANCE NO. 2002-3363
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING MIAMI BEACH CITY
CODE CHAPTER 2, DIVISION 3, SECTION 2-485 THEREFORE
ENTITLED "LIST OF EXPENDITURES; FEE DISCLOSURE;
REPORTING REQUIREMENTS", BY REQUIRING DISCLOSURE OF
LOBBYIST' FEES; PROVIDING FOR REPEALER, SEVERABILITY,
CODIFICATION, AND EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA:
CITY
SECTION 1. That Miami Beach City Code Chapter 2 entitled "Administration", Division 3
entitled "Lobbyist", Section 2-485 thereof is hereby amended to read as follows:
Sec. 2-485. List of expenditures; fee disclosure; reporting requirements.
ao
On October 1 of each year, lobbyist subject to lobbyist registration
requirements shall submit to the city clerk a signed statement under
oath as provided herein listing all lobbying expenditures in the city for
the preceding calendar year. A statement shall be filed even if there
have been no expenditures during the 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 sha , before engaging in any lobbying
activities, submit to the City Clerk a ~ signed statement under oath d sc osin,q the terms
and amounts of compensation (to be) paid by each principal to the lobbyist with regard to
the specific issue on which the lobbyist has been enraged to
~..,~_~.~x~ ~.~ ,~..,~, If no compensation has or will be paid concern nq the
subiect lobby services, a statement shall nonetheless be filed reflecting as such.
BID NO: 55-02/03 CITY OF MIAMI BEACH
DATE: 7/18/03 75
c. Any change to information originally filed shall require that the lobbyist
principal under subsection (b) above) file,
The lobbyist (~a ..... principal) ~'It'~i~ a
continuing duty to supply accurate information and amend said reports when so
needed.
,w,/~'~ (d) The city clerk shall notify any lobbyist (or principal) 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.
(c) (e) The city clerk shall notify the Miami-Dade County Commission on Ethics and
Public Trust of the failure of a lobbyist (or principal) to file a either of the reports referenced
above and or pay the assessed fines after notification.
(d) (f) A lobbyist (or principal) may appeal a fine and may request a hearing before
the Miami-Dade Commission on Ethics and Public Trust. A request for a hearing on the
fine must be filed with the Miami-Dade Commission on Ethics and Public Trust within 15
calendar days of receipt of the notification of the failure to file the required disclosure form.
The Miami-Dade Commission on Ethics and Public Trust shall have the authority to waive
the fine, in whole or in part, based on good cause shown.
SECTION 2.
REPEALER
All ordinances or parts of ordinances in conflict herewith be and the same are
hereby repealed.
.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
BID NO: $5-02/03 CITY OF MIAMI BEACH
DATE: 7/18/03 76
affect the validity of the remaining portions of this ordinance.
SECTION 4. CODIFICATION
It is the intention of the Mayor and City Commission of the City of Miami Beach, and
it is hereby ordained that the provisions of this ordinance shall become and be made a part
of the Code of the City of Miami Beach, Florida. The sections of this ordinance may be
renumbered or relettered to accomplish such intention, and the word "ordinance" may be
changed to "section", "article", or other appropriate word.
SECTION 5. EFFECTIVE DATE
This Ordinance shall take effect 18th day of May, 2002.
PASSED and ADOPTED on Second Reading this 8th day of May, 2002.
~OR
ATTEST:
(Requested by Commissioner Matti Bower and Co-sponsored by Commissioner Simon
Cruz, Jose Smith and Richard Steinberg)
reflects changes between first and second reading.
~KO~ ~OV~D ~ TO
F:ATTO~OLIJ\RES-ORD\2*485.ORD.DOC
& r<~ EXECU11ON
BID NO: 55-02/03 CITY OF MIAMI BEACH
DATE: 7/18/03 77
ORDINANCE NO. 2003-343.3
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, IMPLEMENTING PROCEDURES TO PROVIDE
LOCAL PREFERENCE TO MIAMI BEACH-BASED VENDORS IN TIlE
AWARD OF CONTRACTS FOR GOODS AND GENERAL SERVICES, BY
AMENDING CHAPTER 2 OF THE CODE OF THE CITY OF MIAMI BEACH
ENTITLED, "ADMINISTRATION," BY AMENDING ARTICLE VI THEREOF
ENTITLED, "PROCUREMENT," BY AMENDING DIVISION 3 ENTITLED,
"CONTRACT PROCEDURES," BY CREATING SECTION 2-372; PROVIDING
FOR CODIFICATION, REPEALER, SEVERABILITY, AND AN EFFECTIVE
DATE.
WHEREAS, pursuant to Section 287.084. Florida Statutes, entitled Preference to
Florida businesses, municipalities may award a preference to the lowest responsible
bidder having a principal place of business within this state; and
WHEREAS. a local preference to Miami Beach-based vendors will recycle public
funds back into the local economy; and
WHEREAS, Miami Beach-based vendors, as taxpayers, have given to the
community by providing economic development and creating employment
opportunities; and
WHEREAS, a local preference to Miami Beach-based vendors would help the
local economy by providing an infusion of capital Into locally-based businesses, thus
providing greater relief to the City's businesses and the resident workforce; and
WHEREAS, a local preference ordinance will not result In the City paying more
for goods and services, since it provides Miami Beach-based vendors with the
opportunity of providing the goods and services at the same cost as the lowest bid
received; and
WHEREAS, the basic tenet of public procurement of ensuring maximum
competition will remain intact by requiring competitive bids.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA as follows:
~That Chapter 2. Article VI. Division 3 of the Miami Beach City Code is
hereby amended creating a new section 2-372 as follows:
BID NO: 55-02/03 CITY OF MIAMI BEACH
DATE: 7/18/03 78
ARTICLEVI. PROCUREMENT
DIVISION 3. CONTRACT PROCEDURES
Sec. 2-372. Procedure to provide preference to Miami _~eech-based vendors In
contracts for goods and general services.
Definitions. For purposes of this section only, the followinq definitions shall
apply:
(a) Bid shall mean a competitive bid procedure established throuRh the issuance
of an invitation to bid. The term "bid," as used hel~in, shall not includ=
requests for proposals, requests for qualifications, requests for ;eiders of
interest, or the solicitation of purchase orders based on oral or
quotations.
(b) General services means support services performed by an independent
col,tractor requirinq specialized knowled.qe, experience, or expertise thai
includes, but is not limited to, pest control, ianitorial, laundry, catefin¢~.
security, lawn maintenance and maintenance of equipment, framin(], and filn~
development.
(c) Goods includes, but is not limited to, supplies, equipment, materials and
(d) Miami Beach-based vendor means a bidder that ha~ a valid occupational
license issued by the City of Miami Beach, which authorizes said vendor tu
provide the subject qoods and/or services, and has its head(~uarters in th~
City, or has a place of business located in the City at which it will produce the
goods or perform the services to be purchased. The City Manager shall
administratively resolve any issues relat nd to a vendor's status as a Miami
Beach-based vendor, and his decision on whether a vendor is a Miami
Beach-based vendor shall be final.
Exem~
(a) The provisions of this section, shall not aDOIV, and no local preference shall
be accorded hereunder, to bids or proposal procedures for professional
services, which are defined, for purposes of this section, as anv servics~
where the City is obtainino advice, instruction, or specialized work from a.
individual, firm, or corporation specificallv qualified in a particular area, and
also those services procured pursuant to Section 287.055, Florida Statutes.
BID NO: 55-02/03 CITY OF MIAMI BEACH
DATE: 7/18/03 79
(b) The provisions of this section shall not apply, and no local preference shall be
accorded hereunder, to bids and/or the solicitation or proposed award of a
porchase order based on an oral or written quotation for the purchase of. o,
c~or~tract for, the construction/renovation of public buildinqs, facilities, publk~
works, or other public capital construction projects.
(3) Preference in purchase of (3oods or qeneral services. Except where federal or state
law mandates to the contrary, in the purchase of (~oods or .qeneral services by means o[
a coml)etitive bid, a preference will be ,q van to a responsive and responsible Mia~',
B¢-3ch. -based vendor, who is within 5% of the lowest and best bidder, an oooortunitv of
orovidinQ said cloods or .qeneral services for the lowest responsive bid amount.
(4) Whenever, as a result of the foreqoinq preference, the adjusted prices of two (2) or
more Miami Beach-based vendors constitute the lowest bid for a competitively bid
ourc~%ase, and such bids are responsive and otherwise equal with respect to quality and
service, then the award shall be made to the Miami Beach-based vendor havin,q th~
gre_~_e, st number of its employees thai are Miami Beach residents.
(5} Whenever, two (2) or more Miami Beach-based vendors have the same number of
its employees that are Miami Beach residents, then the award ~hall be made to th6
Miami Beach-based vendor who is certified by Miami-Dada County as a Minority o,
Women Business Enterprise.
~6~ Comparfson of qualifications. The preferences established herein in no way r)rohibit
the ri(~ht of the City Mana.qer and/or the Mayor and City Commission, as applicable, tu
compare quality of materials proposed for purchase and compare qualifications.
character, responsibility and fitness of all person, firms or corporations submittinq bids.
Further. the preferences established herein in no way prohibit the riqht of the City
M{~na~ler and/er the Mayor and City Commission, as applicable, from ~ivincl any other
ofeference permitted by law instead of the preferences Rranted herein.
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.
~tECTION 3. REPEALER.
All ordinances or parts of ordinances in conflict herewith be and the same are hereby
repealed.
BID NO: 55-02/03 CITY OF MIAMI BEACH
DATE: 7/18/03 80
SECTION 4. SEVERABILITY.
If any section, subsection, sentence, clause, phrase or portion of this Ordinance is, for
any reason, held invalid or unconstitutional, such portion shall be deemed a separate,
distinct and independent provision and such holding shall not affect the validity or
constitutionality of the remaining portions of this Ordinance.
SECTION 5. EFFECTIVE DATE.
This Ordinance shall take effect on the
which is 10 days after adoption.
PASSED and ADOPTED Ihis ltth day of
· 'City Clerk
2let day of Ju=e ., 2003,
.]'u~a ,2003.
Letters or numbers that are stricken through am deletions from existing
ordinance.
Letters or numbers that are underlined ars additions to existing ordinance.
T:~AGENDA~003'~aprOg03~regular~LocalPrefersnce.doc
BID NO: 55-02/03 CITY OF MIAMI BEACH
DATE: 7/18/03 81
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 pumhase 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)
1.46 CLARIFICATION AND ADDENDA TO BID SPECIFICATIONS:
If any person contemplating submitting a Bid under this Solicitation is in doubt as to the tree
meaning of the specifications or other Bid documents or any part thereof, the Bidder must
submit to the City of Miami Beach Procurement Director at least ten (10) calendar days prior
to scheduled Bid opening, a request for clarification. All such requests for clarification must
be made in writing and the person submitting the request will be responsible for its timely
delivery.
BID NO: $5-02/03 CITY OF MIAMI BEACH
DATE: 7/18/03 10