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Maintenance for Emerg. Gen. 1/. 2J-03 - (' Z.e, INVITATION FOR BIDS PREVENTIVE MAINTENANCE AGREEMENT FOR EMERGENCY GENERATORS BID # 56-02/03 BID OPENING: AUGUST 28, 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 BID NO: 56-02/03 DATE: 7/29/03 CITY OF MIAMI BEACH I CITY CLERK F:\PURC\$ALL \MAR T A \Bids\02-03\ITB 56-02-03 AGREEMENT THIS AGREEMENT made this 25th day of November 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 CONDO ELECTRIC MOTOR REPAIR.. . 3615 E. 10TH COURT HIALEAH. FL 33013 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 "PREVENTIVE MAINTENANCE AGREEMENT FOR EMERGENCY GENERATORS" for locations awarded by said City, do hereby mutually agree as follows: 1. This Agreement shall extend to and be obligatory upon said City, its successors and assigns, and upon said Contractor and its heirs, successors and assigns. Neither this Agreement nor any part thereof nor any part of the Work herein contemplated, shall be assigned or sublet, nor sbaU 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 tenns 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 mrtil September 30, 1004. 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, machinery, tools, means of transportation, materials, equipment and services necessary to provide preventive maintenance of emergency generators 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. rIB 56-02103 Condo Electric Motor Repair A~ntPage lof2 . . 6. If the Contractor shall complete the service herein contempIated in a good and workmanlike manner in accord herewith, the said City shall pay to the Contractor the contract swn in accordance with the Conditions of the Contract. 7. The Contractor shall file Insurance Certificates, as required, and they must be signed by a Registered lnsurance Agent licensed in the State of Florida and approved by the City of Miami Beach Risk Manager. 8. 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. 9. 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. CODtract Price: $ 6.525 10. The Contract Documents which comprise the entire Agreement between City and Contractor are attached to this Agreement and made a part hereof. 11. The Contract Documents may only be amended, modified or supplemented as provided in the General Conditions. IN WITNESS WHEREOF the said City has caused this Agreement to be signed by the Mayor of the City of Miami Beach, Florida and its corporate seal to be affixed. attested by the City Clerk of the City of Miami Beach and the said Contractor has caused this Agreement to be signed it its name. (SEAL) Contraetor By ~ (A~O CorporateOffieer) President Tide ArrEST: tn~~ ~ ~ City Clerk APPROVED AS TO fORM & LANGUAGE & FOR EXECUTlOM . L~0-~} V fIB 56-02103 Condo Eledric Motor Repair Agreement Page 20f 2 12/08/2003 15:26 Dale: 12fBI03 02:4,! PM 3056916564 CONDO ELECTRIC Sender's Fax ID: 305-714-4401 PAGE 02 Page 1 of 2 Condo Corp. 3ti15 E Hialei1 CERTIFICA TE OF LIABILITY INSURANCE CSR 914 I DI\1Z rMMIOOf'l'Yrtl COND-Ol ,.?JOB/03 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE :roup HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR fe. Suite 101 ALTER THE COVERAGE AFFORDEO BY THE POLICIES BELOW. 4400 Fsx,305-714-4401 INSURERS AFFORDING COVERAGE NAlC~ .. ..,... .. --- .. ... tl!\IP.EP.A "._~EIl!II~d Fil!~_ blGun"G Co. ... ~JRF.i.!a ~~~~~~ Sp.oi_1ty Xft.u~.fte. Co ~lectric , Motor Rep...i.x: -. .... NSVr:!EFi!C.. . 10TH Court -- .. ...-.--. -- INS~IREP.O. 11 FL 330U -..- INAI.~Rf: AJ:ORD. PRoouc.IUI H!lA. tns\lrs.nce 2500 NW 19th .II; Miami. n, 3 U2 2 Phone: <105-71.' IMr;U""D COVERAGES THE ~QUc;les OF INSU AioN REClUIR9AENT, TF. ....v PEflTAlN, THE N POLICIES. ~\GGREC3AT IWJIf' --- LTA "lIRa TVP1! OIt1\lFiA"L. L"'AIU '~~m":''''''' "'" . -""- I-ou,:, I ANCE LI~TED BELOW HAVE BEEN ISSUED TO THE INSUI\ED NAMED ABOVE FOR THE POLICY PERIOD INClCATED, NOTWITHSTANDNG : ~M OR CONDITION OF foNY CONTRACT OR OTHEI' DOCUMENT Y'YlTH RESPECT TO IIIHICH THIS CERTIFICATE MAY BE 1~5UED OR 51 'RANCE AFFORDED BY THE POLICIES DESCRIlED HeIlEIN IS SUl!l,IECT TD ALL THE TE~S, EXCLUSIONS AN) CONDITIONS OF SUCH E .IMlTS SHOWN MAY HAVF. BEEN REDUCED BY PAID CLAIMS. .. ~.._---_.... . ".- -:.o.~~ 'g~~'yI~~;~N - .. .; t INRUR.lNI:F l'O\lCY NUMBlR DAle DfYY UMITI ,. U(H IK(!.lPp.EIoI~e 'I 1000000 ~~~~. _ ~~I"'L" J ~'l' .P. " (""'="'I/:'''''IIIAnIlITY 21UUNLH692l.K3 10/22/03 10/22/04 pP,c:~~tI (ell "~r:l""'~"l 'I 300000 fil \"'~I'.ll~ ... " ""''' ~:~I FY.I" I~?".~ p~on) j 10000 r'I~ClIoW.AIltNINJR( . 1000000 .. .._.~-_.~-_..._---- IjoEI<"M.AV!jPC,:.ATC ; 2000000 ... .. ... .-.-. ."..- IIMII Al'''~''l'l-I~ ,.,,.,,-w:.llf'.I!l.I'.I\~,,,IfII'N.f. . 20000~0 I 1 ~~~ I I !..Or. . E;,;.. S..,;. 1000000 U1Y r:t:I""."~~r-r.I.tl.lr.tlT I 1000000 ZlUUNLH69211<3 10/22/03 10/22/04 IE;! :JttkJ~llI.) - .-. C. r,I.lTO~ . /j !I)CltL'(I"^I~ j r: ~.llTOr. ~,~~ ~/C'> (F'r:r!)t:r.~Dn\ . ,'M ..~.___~.. ,':. IIr.GlL'fllU.ll'''' , : Al.I""~ fJIl!r.Y~111'!'It1 'n e-l- ---- "'_'__."_"_'H' .. rRore~r, r:IMlAc:e . 1""1 ~t.lrrMll 1l11Tt,)(lf"ly l"A/;:I".N)I.Nl , . _...._,.~...._----_.- ,.--. d. 11!tt=1111'IAN I ~....:t . IIllTi'i'N1\' Ac.,:, t I 'UAelU,"" t.'\C~, ocnpt"ll:t L. LI <vo"" MADE ~TE ,. .---- . . .. . .~ ~ ,. I ~ AND 11~a,:.~\'!:: I I""" f:f~ l .:I!E~r:("~ITIYE OggOOOO05336203 03/330/03 03!31/0!l EL. fMHM.'='IC'F.NT . 100000 lfC'':I ......_...._....._..,.,_,._"'". M_ ....MU_.. ... ..,. " l'c.........;t". l"'" l"Ml, I 1'/1'1- I 100000 ! -. -..-.-...... ..."~._.. ...-. ... ,....- " r<<....1r.f'\'':l1 ,""1 Ill'IfIl' 'I 500000 I i:lE:ATlClNI/w:MI::I.J:JI (IEXClUIIOJilI ADDED BY E!NOOItIl!MIJiI't I !ll't!!cw. MlOvl~s to Bind No. !l6-02/03 p.revetl.ti VE) Maintenance Agreement for ~~ t:0:r:l . The belov is al!;o n........,d as Additional Insured as leraJ, XJ.ability coverage. A I-I'H'I N.'-l~1 r:..\ A DllllACII: LlAlllUT J "",^"", !llCl!!ISIUMBItI!L -:J ('1I'1~1l~ II AN', 1''''-'F'PICT,)pIPAF'Tt ':'Ff'K,Er:'JMEMBEi-!E',CL' "Y"', ,r~ """, ,,,rt"r ~F'r:'~I'IL FP"V1'ION~'l'rl' DTM.A DEICRlfITlON OF OfIEtu,,.ON!lt RE~ inv;i.toation Emergency Gen,,, res~ects to Ge CERTIFICATE HOLDI .R CANCELLATION Ci ty o.€ Mi. mi Beach Procuremen'l D.1v:i.:;.ion 1700 Convertion Center Drive Miami 1l~3ci FL 33139 CMIAMIB ."'aULD IINY aJ'TMIi iIROYE OlEICRlIED ,"OUCIE. BE CANCru.lD Dl!rOftt fHI: eJ:I'lftAflDN DAft 'rHIMOI!, ""l.~ ....'UQ'R WIll E/llDDYOl't TO MAIL ~ DAVS lIWtm'CIN NOfIe! ftl 'l'HI CttmJIC^T'Ii MOIoDl!R tlAMG TO ntE \.EFT. BUT FAlLURt! TO DO SQ!iHAU. 1MI'D.'" NO ot:II.JDATlaN 011 U"*lofTY OF A.M..- KINO \IflDN THI! INt.....!A, ~ ACCNn on ..I;:ftRe.EMTATlVEI, AUTHOftI'{ , (7'" @ACORDCORPORATlON 19BB ACORD 25 (2oo1IOB!' CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 www,miamibeachfl, OV COMMISSION MEMORANDUM From: Mayor David Dermer and Members of the City Commission J~rgeM,Gonzalez . ~ AA /.L t:'\-.. City Manager ~-~r - -:J REQUEST FOR APPROVAL TO AWARD COMRACTS TO ALL POWER GENERATORS CORPORATION, AND CONDO ELECTRIC MOTOR REPAIR, ON A PER LOCATION BASIS, BOTH AS PRIMARY AND SECONDARY VENDORS, PURSUANT TO INVITATION TO BID NO. 56- 02/03, FOR THE PREVENTIVE MAINTENANCE AGREEMENT FOR EMERGENCY GENERATORS, IN THE ESTIMATED ANNUAL AMOUNT OF $28,188. Date: November 25. 2003 To: Subject: ADMINISTRATION RECOMMENDATION Approve the Award of Contracts. BID AMOUNT AND FUNDING $28,188 Funds are available from Property Management Accounts 520.1720.000342 and 520.1720.000325, allocated for Fiscal Year 03/04 for generator maintenance and repairs, . ANALYSIS Invitation to Bid No. 56-02/03 (the "Bid") was issued on July 29,2003, with an opening date of September 4, 2003. Bid Net issued bid notices to (6) prospective bidders. Additionally, the Procurement Division sent the bid announcement to the Blue Book online bidding system "BB-Bid", thus inviting another (36) prospective bidders. The notices resulted in the receipt of three (3) bids. The purpose of the Bid is to establish a contract, by means of sealed bids, for preventive maintenance agreement for emergency generators now in operation within the City, and such additions, modifications or deletions as may occur during the life of the contract, from a source of supply that will give prompt and efficient service. The contractor shall provide all plant, labor, parts, materials, transportation and equipment necessary to repair and maintain the designated generator equipment. The Bid requested the cost of performing an annual load test. The total annual cost of the maintenance is inclusive.ofthe load test, which may be performed during regular business hours or overtime. Load tests are normally done after hours or on weekends in office buildings due to the disruptive nature of possible power outages. It has been determined by Public Works that most of the City's facilities where load tests will be performed would require after hours or weekend testing. 11 Bid No. 56-02103 November 25, 2003 Page 2 The bid is recommended so that of the two lowest bidders, the lowest bidder per specific location is awarded the primary contract with the other bidder the secondary contract. Each of the two low bidders had locations for which they were the lowest and are recommended as the primary contract. The Procurement Division obtained favorable references on All Power from the following agencies: . Cingular Wireless; . University of Miami; . Safe Harbor Leasing; and . Liberty Property Trust. The Procurement Division obtained favorable references on Condo Electric from the following agencies: . City of Hollywood; . Florida Department of Transportation; . White Rock Quarries; and . City of Pembroke Pines. Regarding past performance issues of Condo Electric with the County, we have researched the following information, which leads us to consider Condo as a source for goods and services, being afforded the opportunity to compete under the City's fair and open competitive processes: On December 18, 2002, former County Manager Steve Shiver issued a memorandum that directed "all Miami-Dade County departments not to award contracts or discretionary work orders to Condo Electric Motor Repair Corporation or Condo Electric Industrial Supply of Orlando, Inc." On August 18, 2003, Miami-Dade County and Condo Electric entered into a settlement agreement that restored Condo Electric to an approved supplier status with all Miami-Dade County departments. Said settlement agreement further states that "the County and Condo Companies acknowledge that no wrongdoing was committed by the Condo Companies." On August 26, 2003, County Procurement Director Ted Lucas issued a memorandum to all County Department Directors and Procurement Liaisons, which informed them that Condo Companies (including Condo Electric) was "returned to active vendor status and the unrestricted opportunity to do business with the County." The contract with All Power and Condo Electric shall remain in effect from time of award until September 30,2004. The contracts may be extended for an additional three (3) years, on a year-to-year basis, if mutually agreed by upon both parties. RECOMMENDATION Based on the analysis of the bids received, it is recommended that the City award contracts to the lowest and best bidders, per location, All Power Generators Corporation and Condo Electric Motor Repair. T:\AGENDA\2003\nov2503\consent\generator maint bid 56 memo1.doc 12 Bid No. 56-02103 November 25, 2003 Page 3 BID TABULATION Award per Location: Primary = Bold; Secondary = * Condo Electric Motor All Power Generators Power Depot Repair Location MAINTENANCE AGREEMENT (Inclusive of Cost of Annual Load Test Performed During Overtime) 1 Fire Station #1 $1,125/Year $ 6,225fyear 1 Generator $ 1 ,525/year* Fire Station #2 2 Maint. Building 1 Generator 1,785* 1,405 4,680 3 Fire Station #2 1 Generator 1,575* 1,405 5,890 4 Fire Station #3 1 Generator 1.225 1 525* 5,890 5 Fire Station #4 1 Generator 1225 1,405* 4,680 6 Police Station 2 Generators 4,170* 3.800 15,300 7 City Hall 1 Generator 2,085* 1.845 7,500 8 Bass Museum 1 Generator 2,085* 1.645 7,500 9 42nd SI. Garage 1 Generator 1.475 1 500* 4,750 10 17th SI. Garage 1 Generator 1,475* 1,405 5,890 11 16th SI. Garage 1 Generator 1.475 1,500* 5,890 12 Annual Load Test per generator $350 $150 $675 Add!. cost if lest 13 done on overtime per generator $125 $0 $350 Total Annual 14 Cost on Awarded $6,525.00 $11,505.00 No Award locations: ADD OPTION -STANDBY GENERATOR 1 60 KVA $300/day $500/wk $275/day $8001wk $140/day $420Jwk 2 100 KVA $475/day $600/wk $375/day $9001wk $200/day $6001wk 3 500 KVA $1,900/day $2,530/wk $750/day $1,8001wk $600/day $1,800lwk WORK NOT COVERED UNDER MAINTENANCE AGREEMENT (Estimated $6,OOO/Year) 1 Straight Time 30.001hr 50.00/hr $75.00Ihr 2 Overtime repairs $45.00/hr 5O.00/hr $112.50Ihr T:\AGENDA\2003\nov2503\consentlgenerator maint bid 56 memo1.doc 13 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 INVIT A nON TO BID NO. 56-02/03 ADDENDUM NO.1 August 19,2003 PREVENTIVE MAINTENANCE AGREEMENT FOR EMERGENCY GENERA TORS is amended as follows: I. Bid Opening is changed from August 28, 2003 to September 4th, 2003 at 3:00 p.m. II. REPLACE pages 31, 32, 37 and 38 ofthe Bid Documents with attached amended pages. III. The following information relative to issues raised or discussed at the pre-bid conference is hereby incorporated and made part of Bid No. 56-02/03: A. ADD language to the following clauses within the Bid Documents (Language in Italic denotes added language): Pae:e 25. 2nd paragraph: The Preventive Maintenance performed on the four (4) regular preventive maintenance inspections per year (December, March, June and September) for the above listed generators shall include items A through M All items are to be completed at every quarterly inspection. unless otherwise indicated. Pae:e 25, B. COOLING SYSTEM: The coolant shall be replaced initially upon the first PM oil change and every other year thereafter. The cost of the coolant change shall be included in the cost of the quarterly maintenance expense. Pae:e 25, C. AIR INTAKE SYSTEM: I. Check air filter indicators and clean air filters as needed. Change filters annually. Paee 25, D. FUEL SYSTEM: 8. Annualfuel sample from main supply tank. Paee 27, K. OPERA nON PROCEDURES CHECKING: I. "Perform load test with station loads including UPS and battery chargers annually. Check and record all meter readings, i.e. water temperature, oil temperature, voltages, current (all phases) frequency, etc. Bidder to provide cost for load test in the Proposal Form as a separate line item. 2. Check operation under all possible simulated outage and failures, at the discretion of the City, ITB 56-02/03 Addendum No. I Page 2 B. CHANGE language in the following clauses (language in italic denotes amended language): Paee 19: 2.6 PRICES SHALL BE FIXED AND FIRM FOR TERM OF CONTRACT: "Uthe bidder is awarded a contract under this bid solicitation, the prices quoted by the bidder on the Bid Form shall remain fixed and firm (during ~he tellfl of this eontract) until September 30, 2004; provided....,.." Paee 23, MAINTENANCE SERVICE (last sentence): A Generator Status Report with suggestions for improvement and efficiency of operation (shookl) shall be (offered) prepared by the contractor (to oflerators at the time ofservices)for the Property Management Division after each quarterly service, Paee 23: REPLACEMENT PARTS: The contractor will furnish, when required, all parts which cost $200.00 each net or less at no cost to the City. All labor required to install any/all replacement parts under $200 prior to the scheduled quarterly preventive maintenance inspection, will also be at no cost to the City. (RefllacemeHt flarts ,,"hich cast iH e;xcess of$200.00 eacR Het, when rc(;(uirea shall be Billea at veaaers cast as ql:lotea, aHa listed as seflarate items OH the cOHtractor's invoiee fur (;(l:Iarterly service), All maintenance work will have a minimum 90 calendar day warranty. For all replacement parts which cost over ($1 ,0(0) $200,00 an estimate based on the requirements of labor hours, parts and supplies shall be submitted in writing to the Property Management DirectorIor approval. Labor costs shall be in accordance with rates specified in the Bid Form; parts and supplies shall be billed at vendor's cost. The request shall show part description, model number, if applicable, manufacturer and/or distributor and cost to the City broken down by Hourly Labor Rate and cost of Parts and Supplies. Manufacturer/Distributor price lists will be made available to the Property Management Director upon request. Paee 24: ADD OPTION: Furnish (and iHstall) an Emergency Stand-By Generator (equal or better) if the City's unit can not be repaired within eight (8) hours from contractor's receipt of emergency call. Installation of unit to be billed in accordance with Labor Rates specified in the Bid Form. C. ADD the following clauses to the Bid Documents: PaRe 19: 2.11. OPTION TO RENEW WITH 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. ITB 56-02/03 Addendum No. I Page 3 Pae:e 24: RECORD REQUIREMENTS: The successful contractor shall supply a quarterly service list of all generators covered under this contract. A log book maintained by the contractor must be available for each generator at site. Pae:e 27: M. REPLACEABLE ELEMENTS 1. All filters shall be permanently marked with the date they were changed. D. DELETE the following language from the Bid Documents, page 23 (crossed language denotes deleted language): WORK PERFORMANCE: Work performed shall consist of four (4) quarterly , . . . . . . . ., such as internal engine component failure, crank shaft, connecting rod, piston, etc. (;\B aRRHal resistive load test shall Be perfoffiled eH all geBeraters that are ell.efeisecl with eHt lead). 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 /~~}::/ I. Gus Lopez, CPPO Procurement Director mf COMPANY NAME: PREVENTIVE MAINTENANCE AGREEMENT FOR EMERGENCY GENERA TORS BID # 56-02/03 BID PROPOSAL PAGE 1 OF 3 We propose to provide all Plant, Labor, Parts, Materials, Transportation and Equipment necessary to Repair and Maintain the below listed Generator Equipment per the foregoing specifications. A. FIRE DEPARTMENT EOUIPMENT LOCATION I. 1051 Jefferson Ave. 2. Pinetree Drive (Maintenance Facility) 3. Pinetree Drive 4. 5303 Collins Ave. 5. 6880 Indian Creek Dr. B.POLICE DEPARTMENT: EQUIPMENT LOCATION I. 1100 Washington Ave (Both Generators) COST PER INSPECTION ANNUAL INSPECTION $ X3 + $ $ X3 + $ $ $ X3 + $ X3 + $ $ X3 + $ JDTALANNUALCOST $ $ $ $ $ QTY COST PER INSPECTION ANNUAL INSPECTION TOTALANNUALCOST (2) $ X3 + $ C. PROPERTY MAINTENANCE DEPARTMENT: EOUIPMENT LOCATION $ COST PER INSPECTION ANNUAL INSPECTION TOTAL ANNUAL COST 1. City Hall 1700 Convention Clr Drive $ D. BASS MUSEUM EOUIPMENT LOCATION I. 2100 Park Avenue BID NO: 56-02/03 DATE: 8/19/03 (AMENDED) X3 + $ = $ COST PER INSPECTION ANNUAL INSPECTION TOTAL ANNUAL COST $ X3 + $ CITY OF MIAMI BEACH 31 $ PREVENTIVE MAINTENANCE AGREEMENT FOR EMERGENCY GENERA TORS BID # 56-02/03 BID PROPOSAL PAGE 2 OF 3 COMPANY NAME: E. PARKING DEPARTMENT EOUIPMENT LOCATION COST PER INSPECTION ANNUAL INSPECTION TOTAL ANNUAL COST 1. 42nd Street Garage $ X3 + $ $ 2. 17th Street Garage $ X3 + $ $ 3. 16th Street Garage $ X3 + $ $ ANNUAL LOAD TEST (See Pae:e 27. parae:raph K) COST PER GENERA TOR (Test performed during regular business hours): $ x 12 ea = $ ADDITIONAL CHARGE IF PERFOMED DURING OVERTIME: $ per generator ADD OPTION: Furnish an Emergency Stand-By Generator (equal load or better) ifthe City's unit can not be repaired within eight (8) hours from contractor's receipt of emergency call. Stand-By Generator 60 KV A: $ per day $ per week Stand-By Generator 100KV A: $ per day $ per week Stand-By Generator 500KV A: $ per day $ per week Installation to be charged at bidder's Hourly Labor Rate provided in this Bid Form. WORK 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) $ /Hour HOURLY LABOR RATE II: (Overtime non-specified repairs) $ /Hour Parts and Supplies (exceeding $200.00) to be supplied at VENDOR'S COST (Section 2.14) BID NO: 56-02/03 DATE: 8/19/03 (AMENDED) CITY OF MIAMI BEACH 32 BIDDER'S OUESTIONNAIRE NOTE: Information supplied in response to this questionnaire is subject to verification. Inaccurate or incomplete answers may be grounds for disqualification from award ofthis bid. Submitted to The Mayor and City Commission of the City of Miami Beach, Florida: By Principal Office How many years has your organization been In business under your present business name? How many years experience in providing the type of service specified in the bid documents has your organization had? Does your organization have current occupational licenses entitling to do the service contemplated in this contract? Please provide copies with your proposal. Name, address, telephone numbers and person in charge of service center from which bidder proposes to furnish services: Will you sublet any part of the work? _ Yes or No Have you ever had a contract cancelled (under existing company name or another company name) due to failure to comply with contractual obligations? If so, where and why? In what other lines of business are you financially interested or engaged? Give references as to experience, ability, and financial standing BID NO: 56-02/03 DATE: 8/19/03 (AMENDED) CITY OF MIAMI BEACH 37 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. b. Individuals or entities (including our sub-consultants) with a controlling financial interest: have have not contributed to the campaign either directly or indirectly, of a candidate who has been elected to the office of Mayor or City Commissioner for the City of Miami Beach. Please provide the name(s) and date(s) of said contributions and to whom said contribution was made. I HEREBY CERTIFY that the above answers are true and correct. (SEAL) (SEAL) BID NO: 56-02103 DATE: 8/19/03 (AMENDED) CITY OF MIAMI BEACH 38 CITY OF MIAMI BEACH lQ 1700 CONVENTION CENTER DRIVE, MIAMI BEACH, FLORIDA 33139 hltp:\\miamibeachfl.gov PROCUREMENT DIVISION Telephone (305) 673-7490 Facsimile (305) 673-7851 PUBLIC NOTICE INVITATION TO BID NO. 56-02/03 Scaled 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 28th day of August, 2003 for: PREVENTIVE MAINTENANCE AGREEMENT FOR EMERGENCY GENERATORS Scope of Work: The work specified in this bid consists offurnishing all labor, machinery, tools, means of transportation, supplies, equipment, materials, services necessary for Preventive Maintenance of Emergency Generators for the City of Miami Beach, all in accordance with Bid Specifications. Minimum Requirements: Prospective Bidder must have a minimum of 3 years experience in providing maintenance and repairs of generator equipment and provide at least four (4) separate references for projects completed or contracts, of which each project/contract total cost was ten thousand dollars ($10,000) 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 am on August 7t\ 2003 at the City of Miami Beach City Hall, 1" Floor Conference Room, located at 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.comlscripts/southfloridalpublic/home I.asp. If you do not have Internet access, please call the BidNet support group at 800-677-1997 extension # 214. BID NO: 56-02/03 DATE: 7/29/03 CITY OF MIAMI BEACH 2 Any questions or clarifications concerning this Bid shall be submitted in writing by mail or facsimile to the Procurement Division, 1700 Convention Center Drive, Miami Beach, FL 33139, or FAX: (305) 673-7851. The Bid title/number shall be referenced on all correspondence. All questions must be received no later than ten (10) calendar days prior to the scheduled Bid opening date. All responses to questions/clarifications will be sent to all prospective bidders in the form of an addendum. The City of Miami Beach reserves the right to accept any proposal or bid deemed to be in the best interest of the City of Miami Beach, or waive any informality in any proposal or bid. The City of Miami Beach may reject any and all proposals or bids. YOU ARE HEREBY ADVISED THAT THIS INVITATION TO BID IS SUBJECT TO THE "CONE OF SILENCE, " IN ACCORDANCE WITH ORDINANCE NO. 2002.3378. A COPY OF ALL WRITTEN COMMUNICA TION(S) REGARDING THIS BID MUST BE FILED WITH THE CITY CLERK. YOU ARE HEREBY ADVISED THAT THIS INVITATION TO BID IS SUBJECT TO THE "CODE OF BUSINESS ETHICS" ("CODE"), IN ACCORDANCE WITH RESOLUTION NO. 2000.23879. YOU ARE HEREBY ADVISED THAT THIS REQUEST FOR BID IS SUBJECT TO THE CAMPAIGN CONTRIBUTIONS BY VENDORS ORDINANCE NO. 2003-3389. YOU ARE HEREBY ADVISED THAT THIS INVITATION TO BID IS SUBJECT TO THE CITY OF MIAMI BEACH DEBARMENT ORDINANCE NO. 2000-3234. YOU ARE HEREBY ADVISED THAT THIS INVITATION TO BID IS SUBJECT TO THE BID SOLICITATION PROTEST ORDINANCE NO. 2002-3344. YOU ARE HEREBY ADVISED THAT THIS INVITATION TO BID IS SUBJECT TO THE CITY OF MIAMI BEACH LOBBYIST FEES DISCLOSURE ORDINANCE NO. 2002-3363. 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 ,.../;; 7;~;/ .,>-..... ~;.., /. . ~..- . Gus Lopez, CPPO Procurement Director BID NO: 56-02/03 DATE: 7/29/03 CITY OF MIAMI BEACH 3 CITY OF MIAMI BEACH 1700 CONVENTION CENTER DRIVE, MIAMI BEACH. FLORIDA 33139 htlp:\\miamibeachfl.gov PROCUREMENT DIVISION Telephone (305) 673.7490 Facsimile (305) 673-7851 I NOTICE TO PROSPECTIVE BIDDERS NO BID If not submitting a bid at this time, please detach this sheet from the bid documents, complete the infonnation 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 Q! this completed form, may result in your company being removed from the City's bid list. BID NO: 56-02/03 DATE: 7/29/03 CITY OF MIAMI BEACH 4 PREVENTIVE MAINTENANCE AGREEMENT FOR EMERGENCY GENERATORS BID # 56-02/03 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. A ward, 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: 56-02/03 DATE: 7/29/03 CITY OF MIAMI BEACH 5 1.6 MISTAKES: Bidders are expected to examine the specifications, delivery schedules, bid prices and extensions and all instructions pertaining to supplies and services. Failure to do so will be at the bidder's risk. 1. 7 CONDITION AND PACKAGING: It is understood and agreed that any item offered or shipped as a result ofthis bid shall be the latest new and current model offered (most current production model at the time ofthis bid). All containers shall be suitable for storage or shipment, and all prices shall include standard commercial packaging. 1.8 UNDERWRITERS' LABORATORIES: Unless otherwise stipulated in the bid, all manufactured items and fabricated assemblies shall be U.L. listed or re-examination listing where such has been established by V.L. for the item(s) offered and furnished. 1.9 BIDDER'S CONDITIONS: The City Commission reserves the right to waive irregularities or technicalities in bids or to reject all bids or any part of any bid they deem necessary for the best interest of the City of Miami Beach, FL. 1.10 EQUIVALENTS: If bidder offers makes of equipment or brands of supplies other than those specified in the following, he must so indicate on his bid. Specific article(s) of equipment/supplies shall conform in quality, design and construction with all published claims of the manufacturer. Brand Names: Catalog numbers, manufacturers' and brand names, when listed, are informational guides as to a standard of acceptable product quality level only and should not be construed as an endorsement or a product limitation of recognized and legitimate manufacturers. Bidders shall formally substantiate and verify that product(s) offered conform with or exceed quality as listed in the specifications. Bidder shall indicate on the bid form the manufacturer's name and number if bidding other than the specified brands, and shall indicate ANY deviation from the specifications as listed. Other than specified items offered requires complete descriptive technical literature marked to indicate detail(s) conformance with specifications and MUST BE INCLUDED WITH THE BID. NO BIDS WILL BE CONSIDERED WITHOUT THIS DATA. Lacking any written indication of intent to quote an alternate brand or model number, the bid will be considered as a bid in complete compliance with the specifications as listed on the attached form. 1.11 (NOT USED) 1.12 (NOT USED) 1.13 NON-CONFORMANCE TO CONTRACT CONDITIONS: Items may be tested for compliance with specifications. Item delivered, not conforming to specifications, may be rejected and returned at vendor's expense. These items and items not BID NO: 56-02/03 DATE: 7/29/03 CITY OF MIAMI BEACH 6 delivered as per delivery date in bid and/or purchase order may be purchased on the open market. Any increase in cost may be charged against the bidder. Any violation of these stipulations may also result in: A) Vendor's name being removed from the vendor list. B) All departments being advised not to do business with vendor. 1.14 SAMPLES: Samples of items, when required, must be furnished free of expense and, if not destroyed, will, upon request, be returned at the bidder's expense. Bidders will be responsible for the removal of all samples furnished within (30) days after bid opening. All samples will be disposed of after thirty (30) days. Each individual sample must be labeled with bidder's name. Failure of bidder to either deliver required samples or to clearly identifY samples may be reason for rejection of the bid. Unless otherwise indicated, samples should be delivered to the Procurement Division, 1700 Convention Center Drive, Miami Beach, FL 33139. 1.15 DELIVERY: Unless actual date of delivery is specified (or if specified delivery cannot be met), show number of days (in calendar days) required to make delivery after receipt of purchase order, in space provided. Delivery time may become a basis for making an award. Delivery shall be within the normal working hours of the user, Monday through Friday, excluding holidays. 1.16 INTERPRETATIONS: Unless otherwise stated in the bid, any questions concerning conditions and specifications should be submitted in writing to the Procurement Director, 1700 Convention Center Drive, Miami Beach, FL 33139. Fax (305) 673-7851. 1.17 (NOT USED) 1.18 (NOT USED) 1.19 BID OPENING: Bids shall be opened and publicly read on the date, time and place specified on the Bid Form. All bids received after the date, time, and place shall be returned, unopened. 1.20 INSPECTION, ACCEPTANCE & TITLE: Inspection and acceptance will be at destination unless otherwise provided. Title t%r risk of loss or damage to all items shall be the responsibility of the successful bidder until acceptance by the buyer unless loss or damage result from negligence by the buyer. Ifthe materials or services supplied to the City are found to be defective or not conform to specifications, the City reserves the right to cancel the order upon written notice to the seller and return product at bidder's expense. 1.21 PAYMENT: Payment will be made by the City after the items awarded to a vendor have been received, inspected, and found to comply with award specifications, free of damage or defect and properly invoiced. BID NO: 56-02/03 DATE: 7/29/03 CITY OF MIAMI BEACH 7 1.22 DISPUTES: In case of any doubt or difference of opinion as to the items to be furnished hereunder, the decision of the City shall be final and binding on both parties. 1.23 LEGAL REQUIREMENTS: Federal, State, county and city laws, ordinances, rules and regulations that in any manner affect the items covered herein apply. Lack of knowledge by the bidder will in no way be a cause for relief from responsibility. 1.24 (NOT USED) 1.25 (NOT USED) 1.26 PATENTS & ROYALTIES: The bidder, without exception, shall indemnifY and save harmless the City of Miami Beach, Florida and its employees from liability of any nature or kind, including cost and expenses for, or on account of, any copyrighted, patented, or unpatented invention, process, or article manufactured or used in the performance of the contract, including its use by The City of Miami Beach, Florida. If the bidder uses any design, device or materials covered by letters, patent, or copyright, it is mutually understood and agreed, without exception, that the bid prices shall include all royalties or cost arising from the use of such design, device, or materials in any way involved in the work. 1.27 OSHA: The bidder warrants that the product supplied to the City of Miami Beach, Florida shall conform in all respects to the standards set forth in the Occupational Safety and Health Act of 1970, as amended, and the failure to comply with this condition will be considered as a breach of contract. Any fines levied because of inadequacies to comply with these requirements shall be borne solely by the bidder responsible for same. 1.28 SPECIAL CONDITIONS: Any and all Special Conditions that may vary from these General Conditions shall have precedence. 1.29 ANTI-DISCRIMINATION: The bidder certifies that he/she is in compliance with the non-discrimination clause contained in Section 202, Executive Order 11246, as amended by Executive Order 11375, relative to equal employment opportunity for all persons without regard to race, color, religion, sex or national origin. 1.30 AMERICAN WITH DISABILITIES ACT: Call (305) 673-7490NOICE to request material in accessible format; sign language interpreters (five days in advance when possible), or information on access for persons with disabilities. For more information on ADA compliance please call Heidi Johnson Wright, Public Works Department, at 305.673.7080. BID NO: 56-02103 DATE: 7/29/03 CITY OF MIAMI BEACH 8 1.31 QUALITY: All materials used for the manufacture or construction of any supplies, materials or equipment covered by this bid shall be new. The items bid must be new, the latest model, of the best quality, and highest grade workmanship. 1.32 (NOT USED) 1.33 LIABILITY, INSURANCE, LICENSES AND PER.l\1ITS: Where bidders are required to enter or go onto City of Miami Beach property to deliver materials or perform work or services as a result of a bid award, the successful bidder will assume the full duty, obligation and expense of obtaining all necessary licenses, permits and insurance and assure all work complies with all applicable Dade County and City of Miami Beach building code requirements and the South Florida Building Code. The bidder shall be liable for any damages or loss to the City occasioned by negligence of the bidder (or agent) or any person the bidder has designated in the completion of the contract as a result of his or her bid. 1.34 BID GUARANTY: N/A All Bias shall Be aeeeffipaRied BY either aR erigiRal Bia BeRd eKeel:ltea BY a sl:Ircty eempaRY meetiRg the ~alifieatieRs fer slIfety eempaRies, er BY €lash, meRey eRler, eertifiea eheek, eashier's eheek, Bid Gl:Iafftllty Ferm, UReeRaitieBal Letter ef Credit (Fel1fl (9410), treasl:Ifer's eheek er BaRk draft ef aR)' RatieRal er state Bank (URitea States), iR the amel:lflt of $ ~ayable te City efMiami Beaeh, Fleriaa, aRa eeRditieBed l:IfleR the sueeessful Biaaer eKee\:ltiRg the CeRtraet aRa previdiRg the rel:}l:Iired Perfel1flaRee BeRd aRa Paymeftt Befta aRa e'lideRee ef fel:}l:Iired iBStiraRee withiR teft (10) ealeRaar aa)'s after RetifieatieR of a'c.-ard efthe CORtraet. /\ PERSONAL CHECK OR A COMPANY CHECK OF ,\ BIDDER SH.\LL NOT BE DEEMED .\ V.\LID BID SECURITY. Seel:lrity efthe sl:Ieeessful Biaaer shall Be ferfeited te the Cit)' of Miami Beaeh as li~iaated damages, Ret as a peBalty, for the €lest aBd expeRse iRel:lJ'fea shel:lla said Bidder fail te eKeel:lte the Cefttraet, previae the re~ired PerfarmaRee BeBa, Pa)'meRt BeBa aRd Certifieate(s) efIRSl:lraftee withiR teft (10) ealeBaar aays after BetifieatieR enhe award efthe CefttFaet, er faill:lfe te eempl)' '",-ith aay ether FelJ.l:Iiremeftts set farth hereiR. The time fer eJleel:ltieR efthe CeRtraet afta pre';isieft ef the Perfel1flaRee BeBd, Paymeftt BeRa aBd Certifieatc(s) efIRSl:lfBRee may Be cxtcRaed BY the City's PfeearemcBt Dir~eter fer good eause sho',YR. Bia Securities efthe uftsl:leeessful Biaaers will Be remmed after award ef CeBtraet. 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 ofthat 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 1.36 CANCELLATION: In the event any of the provisions ofthis 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 BID NO: 56-02/03 DATE: 7/29/03 CITY OF MIAMI BEACH 9 Commission for immediate cancellation. The City Commission of Miami Beach, Florida reserves the right to terminate any contract resulting from this invitation at any time and for any reason, upon giving thirty (30) days prior written notice to the other party. 1.37 BILLING INSTRUCTIONS: Invoices, unless otherwise indicated, must show purchase order numbers and shall be submitted in DUPLICATE to the City of Miami Beach, Accounts Payables Department, 1700 Convention Center Drive, Miami Beach, Florida 33139. 1.38 (NOT USED) 1.39 (NOT USED) 1.40 NOTE TO VENDORS DELIVERING TO THE CITY OF MIAMI BEACH: Receiving hours are Monday through Friday, excluding holidays, from 8:30 A.M. to 5:00 P.M. 1.41 SUBSTITUTIONS: The City of Miami Beach, Florida WILL NOT accept substitute shipments of any kind. Bidder(s) is expected to furnish the brand quoted in their bid once awarded. Any substitute shipments will be returned at the bidder's expense. 1.42 FACILITIES: The City Commission reserves the right to inspect the bidder's facilities at any time with prior notice. 1.43 BID TABULATIONS: Bidders desiring a copy of the bid tabulation may request same by enclosing a self-addressed stamped envelope with the bid. 1.44 BID PROTEST PROCEDURES: Bidders that are not selected may protest any recommendation for Contract award in accordance with City of Miami Beach Ordinance No. 2002-3344, which establishes procedures for resulting protested bids and proposed awards. Protest not timely pursuant to the requirements of Ordinance No. 2002-3344 shall be barred. 1.45 (NOT USED) 1.46 CLARIFICATION AND ADDENDA TO BID SPECIFICATIONS: If any person contemplating submitting a Bid under this Solicitation is in doubt as to the true meaning of the specifications or other Bid documents or any part thereof, the Bidder must submit to the City of Miami Beach Procurement Director at least ten (1 0) calendar days prior to scheduled Bid opening, a request for clarification. All such requests for clarification must be made in writing and the person submitting the request will be responsible for its timely delivery. Any interpretation of the Bid, if made, will be made only by Addendum duly issued by the City of Miami Beach Procurement Director. The City shall issue an Informational Addendum if clarification or minimal changes are required. The City shall issue a Formal Addendum if substantial changes which impact the technical submission of Bids is required. BID NO: 56-02/03 DATE: 7/29/03 CITY OF MIAMI BEACH 10 A copy of such Addendum shall be sent by mail or facsimile to each Biddcr receiving the Solicitation. In thc evcnt of conflict with thc original Contract Documcnts, Addcndum shall govern all othcr Contract Documcnts to the extcnt specified. Subscquent addendum shall govern ovcr prior addcndum only to the cxtcnt specificd. Thc Bidder shall be required to acknowlcdge rcceipt ofthc Formal Addcndum by signing in thc space provided 011 thc Bid Proposal Form. Failure to acknowlcdge Addendum shall deem its Bid non-rcsponsive; provided, however, that thc City may waive this requircment in its bcst intercst. The City will not be rcsponsible for any othcr explanation or interpretation made verbally or in writing by any other city represcntative. 1.47 DEMONSTRATION OF COMPETENCY: I) Pre-award inspection of the Bidder's facility may bc made prior to the award of contract. Bids will only be considercd from firms which are regularly engaged in the business of providing the goods and/or serviccs as describcd in this Bid. Biddcrs must be ablc 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 awardcd a contract under the terms and conditions herein stated. The terms "equipment and organization" as used hcrein shall bc construed to mean a fully equipped and well established company in line with the bcst business practices in the industry and as determined by thc City of Miami Bcach. 2) The City may consider any evidence available regarding the financial, technical and othcr qualifications and abilities of a Bidder, including past performancc (experience) with the City in making thc award in the best interest of the City. 3) Thc City may rcquire Bidders to show proofthat they havc been designated as authorized rcprcsentatives of a manufacturer or supplier which is thc actual source of supply. In thcsc instances, the City may also require material information from the source of supply regarding the quality, packaging, and characteristics ofthc products to be supplics to thc City through the designated represcntative. Any conflicts bctween this material information providcd by thc source of supply and the information contained in the Biddcr's Proposal may render the Bid non-responsive. 4) The City may, during the period that the Contract betwcen the City and the succcssful Bidder is in force, review the successful Bidder's record of performance to insure that thc 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 implemcnt termination procedures ifthe City dctermines that the successful Biddcr no longcr possesses the financial support, equipment and organization which would have becn necessary during the Bid evaluation pcriod in order to comply with this demonstration of competency section. 1.48 DETERMINATION OF AWARD The City Commission shall award the contract to the lowest and best bidder. In determining the lowest and best bidder, in addition to pricc, there shall be considered the following: BID NO: 56-02103 DATE: 7/29/03 CITY OF MIAMI BEACH 11 a. The ability, capacity and skill of the bidder to pcrform thc Contract. b. Whcther thc bidder can pcrform thc Contract within the timc specified, without dclay or intcrference. c. The charactcr, integrity, reputation, judgcment, cxpericncc and cfficiency of thc bidder. d. The quality of performance of previous contracts. e. The prcvious and existing compliancc by the bidder with laws and ordinances rclating to the Contract. 1.49 ASSIGNMENT: The contractor shall not assign, transfcr, 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 conscnt of the City of Miami Beach. 1.50 LAWS, PERMITS AND REGULATIONS: The bidder shall obtain and pay for allliccnses, pcrmits and inspcction fecs required for this project; and shall comply with all laws, ordinances, rcgulations and building code requirements applicable to the work contemplated herein. 1.51 OPTIONAL CONTRACT USAGE: As provided in Section 287.042 (17), Florida Statutcs, other State agencies may purchase from the rcsulting contract, providcd the Department ofManagcment Services, Division of Procurcment, has certified its usc to be cost effectivc and in the bcst intcrest of the State. Contractors have the option of selling these commodities or services ccrtified by the Division to the other Statc agencies at the agcncies option. 1.52 SPOT MARKET PURCHASES: It is the intent of the City to purchase the items specificaIly listed in this bid from the awarded vcndor. Howcver, items that are to be ASpot Market Purchased= may be purchased by other mcthods, i.e. Federal, State or local contracts. ].53 ELIMINATION FROM CONSIDERATION This bid solicitation shaIl not be awarded to any person or firm which is in arrears to the City upon any debt, taxcs or contracts which are defaulted as surety or otherwise upon any obligation to the City. 1.54 WAIVER OF INFORMALITIES The City reserves thc right to waive any informalities or irregularitics in this bid solicitation. 1,55 ESTIMATED QUANTITIES Estimatcd quantities or estimated dollars, if providcd, are for City guidance only. No guarantee is exprcssed or implied as to quantities or dollars that will be used during the contract period. The City is not obligated to place any order for a given amount subsequent to the award of this bid solicitation. Estimates are based upon the City's actual needs and/or usage during a previous contract period. The City for purposes of determining the low bidder meeting specifications may use said estimates. BID NO: 56-02/03 DATE: 7/29/03 CITY OF MIAMI BEACH 12 1.56 COLLUSION Bids from related parties. Where two (2) or more related parties each submit a bid or proposal for any contract, such bids or proposals shall be presumed to be collusive. The foregoing presumption may be rebutted by presentation of evidence as to the extent of ownership, control and management of such related parties in the preparation and submittal of such bids or proposals. Related parties mean bidders or proposers or the principals thereof which have a direct or indirect ownership interest in another bidder or proposer for the same contract or in which a parent company or the principals thereof of one (1) bidder or proposer have a direct or indirect ownership interest in another bidder or proposer for the same contract. Bids or proposals found to be collusive shall be rejected. Bidders or Proposers who have been found to have engaged in collusion may be considered non-responsible, and may be suspended or debarred, and any contract resulting from collusive bidding may be terminated for default. 1.57 DISPUTES In the event of a conflict between the documents, the order of priority ofthe documents shall be as follows: . Any agreement resulting from the award of this Bid (if applicable); then . Addenda released for this Bid, with the latest Addendum taking precedence; then . The Bid; then . Awardee's Bid. 1.58 REASONABLE ACCOMMODATION In accordance with the Title II of the Americans with Disabilities Act, any person requiring an accommodation at the RFP opening because ofa disability must contact Heidi Johnson Wright at the Public Works Department at (305) 673-7080. 1.59 GRATUITIES Proposers shall not offer any gratuities, favors, or anything of monetary value to any official, employee, or agent ofthe City, for the purpose of influencing consideration of this proposaL 1.60 SIGNED BID CONSIDERED AN OFFER The signed bid shall be considered an offer on the part of the bibber or contractor, which offer shall be deemed accepted upon approval by the City Commission of the City of Miami Beach, Florida and in case of default on the part of successful bidder or contractor, after such acceptance, the City may procure the items or services from other sources and hold the bidder or contractor responsible for any excess cost occasioned or incurred thereby. Additionally, the City may take such action. 1.61 BID CLARIFICATION: Any questions or clarifications concerning this Invitation to Bid shall be submitted in writing by mail or facsimile to the Procurement Department, 1700 Convention Center Drive, Miami Beach, FL 33139 FAX: (305) 673-7851. The bid title/number shall be referenced on all correspondence. All questions must be received no later than ten (10) calendar days prior to the scheduled bid opening date. BID NO: 56-02/03 DATE: 7/29/03 CITY OF MIAMI BEACH 13 All responses to questions/clarifications will be sent to all prospective bidders in the form of an addendum. NO QUESTIONS WILL BE RECEIVED VERBALLY OR AFTER SAID DEADLINE. 1.62 TIE BIDS: Please be advised that in accordance with Florida Statues Section 287.087, regarding identical tie bids, preference will be given to vendors certifying that they have implemented a drug free work place program. A certification form will be required at that time. 1.63 PUBLIC ENTITY CRIMES (PEC): A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crimes may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair ofa public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, sub- contractor, or consultant under a contract with a public entity, and may not transact business with any public entity in excess of the threshold amount provided in Sec. 287.017, for CATEGORY TWO for a period of36 months from the date of being placed on the convicted vendor list. 1.64 DETERMINATION OF RESPONSIVENESS: Determination ofresponsiveness taken place at the time of bid opening and evaluation. In order to be deemed a responsive bidder, your bid must conform in all material respects to the requirements stated in their Bid. 1.65 DELIVERY TIME: Vendors shall specifY on the attached Bid Form, the guaranteed delivery time (in calendar days) for each item. It must be a firm delivery time, no ranges will be accepted, i.e.; 12-14 days. 1.66 CONE OF SILENCE This invitation to bid is subject to the "Cone of Silence" in accordance with Ordinance No. 2002-3378. A copy of all written communication(s) regarding this bid must be filed with the city clerk. 1.67 INSURANCE AND INDEMNIFICATION: (See Check List for applicability to this contract) The contractor shall be responsible for his work and every part thereof, and for all materials, tools, appliances and property of every description, used in connection with this particular project. He shall specifically and distinctly assume, and does so assume, all risks of damage or injury to property or persons used or employed on or in connection with the work and of all damage or injury to any person or property wherever located, resulting from any action or operation under the contract or in connection with the work. It is understood and agreed that at all times the contractor is acting as an independent contractor. 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: BID NO: 56-02/03 DATE: 7/29/03 CITY OF MIAMI BEACH 14 Maintain Worker's Compensation and Employer's Liability Insurance to meet the statutory requirements ofthe State of Florida. Maintain Comprehensive General Liability Insurance in amounts prescribed by the City (see checklist for limits) to protect the contractor in the interest of the City against all risks of injury to persons (including death) or damage to property wherever located resulting from any action or operation under the contract or in connection with the work. This policy is to provide coverage for premises/operations, independent contractor, broad form property damage, products/completed operations and contractual liability. Maintain Automobile Liability Insurance including Property Damage covering all owned, non-owned or hired automobiles and equipment used in connection with the work. Maintain any additional coverages required by the Risk Manager as indicated on the Insurance Check List. Name the City of Miami Beach as an additional insured on all liability policies required by this contract. When naming the City of Miami Beach as an additional insured onto your policies, the insurance companies hereby agree and will endorse the policies to state that the City will not be liable for the payment of any premiums or assessments. A copy of the endorsement(s) naming the City of Miami Beach as an additional insured is required and must be submitted to the City's Risk Manager. No change or cancellation in insurance shall be made without thirty (30) days written notice to the City of Miami Beach Risk Manager. All insurance policies shall be issued by companies authorized to do business under the laws ofthe State of Florida and these companies must have a rating of at least B+: VI or better per Best's Key Rating Guide, latest edition. Original signed Certificates of Insurance, evidencing such coverages and endorsements as required herein, shall be filed with and approved by the City of Miami Beach Risk Manager before work is started. The certificate must state Bid Number and Title. Upon expiration of the required insurance, the contractor must submit updated certificates of insurance for as long a period as any work is still in progress. It is understood and agreed that all policies of insurance provided by the contractor are primary coverage to any insurance or self-insurance the City of Miami Beach possesses that may apply to a loss resulting from the work performed in this contract. 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: BID NO: 56-02/03 DATE: 7/29/03 CITY OF MIAMI BEACH 15 "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 ofthe sole and exclusive negligence of the City of Miami Beach, its officers, agents, and employees, as determined by a court of competent jurisdiction. The contractor will notifY his insurance agent without delay of the existence of the Hold Harmless Agreement contained within this contract, and furnish a copy of the Hold Harmless Agreement to the insurance agent and carrier. The contractor will obtain and maintain contractual liability insurance in adequate limits for the sole purpose of protecting the City of Miami Beach under the Hold Harmless Agreement from any and all claims arising out of this contractual operation. The contractor will secure and maintain policies of subcontractors. All policies shall be made available to the City upon demand. Compliance by the contractor and all subcontractors with the foregoing requirements as to carrying insurance and furnishing copies of the insurance policies shall not relieve the contractor and all subcontractors of their liabilities and obligations under any Section or Provisions of this contract. Contractor shall be as fully responsible to the City for the acts and omissions of the subcontractor and of persons employed by them as he is for acts and omissions of persons directly employed by him. Insurance coverage required in these specifications shall be in force throughout the contract term. Should any awardee fail to provide acceptable evidence of current insurance within seven days of receipt of written notice at any time during the contract term, the City shall have the right to consider the contract breached and justifYing the termination thereof. Ifbidder does not meet the insurance requirements ofthe 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: 56-02/03 DATE: 7/29/03 CITY OF MIAMI BEACH 16 XXX 1. XXX 2. XXX 3. XXX 5. XXX 7. XXX 8. XXX 9. INSURANCE CHECK LIST Workers' Compensation and Employer's Liability per the Statutory limits ofthe state of Florida. Comprehensive General Liability (occurrence form), limits ofliability $ 1.000,000.00 per occurrence for bodily injury property damage to include Premises/ Operations; Products, Completed Operations and Contractual Liability. Contractual Liability and Contractual Indemnity (Hold harmless endorsement exactly as written in "insurance requirements" of specifications). Automobile Liability - $1,000,000 each occurrence - owned/non-owned/hired automobiles included. 4. Excess Liability - $ .00 per occurrence to follow the primary coverages. The City must be named as and additional insured on the liability policies; and it must be stated on the certificate. 6. Other Insurance as indicated: _ Builders Risk completed value _ Liquor Liability _ Fire Legal Liability _ Protection and Indemnity _ Employee Dishonesty Bond Other $ $ $ $ $ $ .00 .00 .00 .00 .00 .00 Thirty (30) days written cancellation notice required. Best's guide rating B+:VI or better, latest edition. The certificate must state the bid number and title BIDDER AND INSURANCE AGENT STATEMENT: We understand the Insurance Requirements of these specifications and that evidence of this insurance may be required within five (5) days after bid opening. Bidder Signature of Bidder BID NO: 56-02/03 DATE: 7/29/03 CITY OF MIAMI BEACH 17 PREVENTIVE MAINTENANCE AGREEMENT FOR EMERGENCY GENERA TORS BID # 56-02/03 2.0 SPECIAL CONDITIONS 2.1 PURPOSE: The purpose of this bid is to establish a contract, by means of sealed bids, for Preventive Maintenance for Emergency Generators as specified herein, from a source(s) of supply that will give prompt and efficient service. 2.2 TERM OF CONTRACT: It is requested that bidders quote fixed prices that will be guaranteed to the City of Miami Beach from Date of Award through September 30,2004. Providing the successful bidder will agree to maintain the same terms and conditions of the current contract, this contract could be extended for an additional three (3) years, on a year to year basis, if mutually agreed upon by both parties. 2,3 METHOD OF A WARD Award of this contract will be made to the lowest responsive, responsible bidder whose bid will be most advantageous to the City of Miami Beach. A ward may be made to a primary and secondary vendor; should the primary vendor not provide service in accordance with the Terms and Conditions of the Contract, the city reserves the right to award to the secondary vendor. Bidder must bid on all items listed on Bid Form to qualifY for award of the contract. Each location specified in this bid could be awarded on an individual basis, so each price quoted on the bid form must be capable of standing alone and not be dependent on award of entire contract. The City reserves the right to award this contract to multiple vendors if it is deemed to be in the interest of the City. 2.4 PAYMENT The successful bidder will be required to complete a check list (see Pages 25-27) and leave with a designated person or at designated location each time service is performed. PAYMENT WILL BE BASED UPON RECEIPT OF SAID CHECK LIST. Invoices for payment will be submitted on a quarterly basis for the duration of the contract. Invoices will be subject to verification and approval by the Property Management Director, or designated representative. 2.5 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, at the awarded bid price ofa comparable unit. The new location will become part of the contract. BID NO: 56-02/03 DATE: 7/29/03 CITY OF MIAMI BEACH 18 2.6 PRICES SHALL BE FIXED AND FIRM FOR TERM OF CONTRACT: Ifthe bidder is awarded a contract under this bid solicitation, the prices quoted by the bidder on the Bid Form shall remain fixed and firm during the term of this contract; provided, however, that the bidder may offer incentive discounts from this fixed price to the City at any time during the contractual term. 2.7 RESPONSE TIME: A two (2) hour telephone response time is required. Service for repair calls will be furnished within 8 working hours after receipt of call; service for emergency repair calls shall be furnished within 4 working hours after receipt of call. 2.8 PRE-BID CONFERENCE/SITE INSPECTION: A Pre-Bid Conference will be held at 10:00 a,m. on August 7,2003 at the City of Miami Beach City Hall, located at 1 700 Convention Center Drive. Prior to submitting the bid, the bidder is required to visit the site of the proposed work and to become familiar with any conditions which may in any manner, affect the work to be done or affect the equipment, materials and labor required. The bidder is also required to examine carefully the specifications and be thoroughly informed regarding any and all conditions and requirements that may in any manner affect the work to be performed under the contract. No additional allowances will be made because oflack of knowledge of these conditions. 2.9 VENDOR APPLICATION The City of Miami Beach has contracted with BidNet and has begun utilizing a new central bid notification system created exclusively for state and local agencies located in South Florida. Created in conjunction with BidN et, 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/southflorida/public/homel.asp. If you do not have Internet access, please call the BidNet support group at 800-677-1997 extension # 214. 2.10 CONTACT PERSON: The contact person for this Invitation to Bid is 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. BID NO: 56-02103 DATE: 7/29/03 CITY OF MIAMI BEACH 19 YOU MUST FAMILIARIZE YOURSELF WITH GENERAL CONDITION 1.66, ENTITLED CONE OF SILENCE, WHICH SETS FORTH THE POLICIES AND PROCEDURES RELATIVE TO ORAL AND WRITTEN COMMUNICATIONS. 2.11 SAMPLES: N/A 2.12 (NOT USED) 2.13 LIQUIDATED DAMAGES: Failure to respond to a service call within the specified time may result in the assessment of Liquidated Damages. $100 per calendar day may be assessed to the vendor until such time service is provided. 2.14 PERCENTAGE ABOVE VENDOR COST: Bids for parts and supplies 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. 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 work performed for a minimum of90 calendar days. 2.18 PRODUCT/CATALOG INFORMATION: N/A 2.19 REFERENCES (PROVIDE 8 REFERENCES, IN THE CUSTOMER REFERENCE FORM ON PAGE 35) Each bid must be accompanied by a minimum of eight (8) references, of which four (4) separate projects or contracts must have been for $10,000 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. BID NO: 56-02/03 DATE: 7/29/03 CITY OF MIAMI BEACH 20 2.21 FACILITY LOCATION: See pages 28-30 for a list of locations. 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 serviced similar type, size and complexity of such maintenance of emergency generators. 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 ofthe 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 COMPLETE INFORMATION REQUIRED ON BID FORM: All bids must be submitted on the attached Bid Form and all blanks filled in. To be considered a valid bid, the ORIGINAL AND ONE COPY of the Bid Form pages and all required submittal information must be returned, properly completed, in a sealed envelope as outlined in the first paragraph of General Conditions. 2.26 MAINTENANCE AGREEMENT: See Section 3 for detailed Scope of Work. 2.27 EQUAL PRODUCT: N/A BID NO: 56-02/03 DATE: 7/29/03 CITY OF MIAMI BEACH 21 PREVENTIVE MAINTENANCE AGREEMENT FOR EMERGENCY GENERA TORS BID # 56-02/03 3.0 MINIMUM SPECIFICATIONS SCOPE: The City of Miami Beach will accept sealed bids for a Preventive Maintenance and Repair contract for Generator Equipment now in operation within the City, and such additions, modifications or deletions as may occur during the life of the contract. Any required additions, modifications, or deletions will be submitted in writing by the Property Management Director, to the Procurement Director and contractor. Payment for additional or modified units will be at the agreed upon price based on the quoted price for comparable units. Deductions from payment for deleted items will be made at the quoted prices. The purpose of this bid is to establish a contract whereby the contractor shall provide all plant, labor, parts, materials, transportation and equipment necessary to repair and maintain the designated Generator equipment for the period of one (1) year, with options for three additional one year periods. STATEMENT OF WORK FOR MAINTENANCE SERVICE GENERAL: Only equipment in good serviceable condition is to be covered by this contract. a. Equipment is considered to be in good serviceable condition if it is performing all its intended functions and there are no missing or broken parts. Equipment shall not be rejected on the basis that it needs cleaning, minor repairing or adjustments. b. Within ten (10) working days after receipt of the written purchase order, the contractor shall coordinate with the Property Management Director or designated representative a completion date for examination of equipment tendered for quarterly maintenance. The completion date for the examination shall be no longer than thirty (30) days after receipt of the purchase order. Examination of equipment will be at no additional cost to the City. c. Upon completion of the examination, the contractor must notifY the Property Management Director, in writing, of any equipment not acceptable for quarterly maintenance. Contractor must state the reasons for the rejections, and repairs needed to bring the equipment to an acceptable disposition for quarterly maintenance. The Procurement Director along with the Property Management Director will review the validity of the contractors reasons for rejecting the work and determine whether or not to require the contractor to make the repairs. There will be no cost to the City for quarterly maintenance on equipment rejected until such time as accepted by the contractor. d. Failure to notifY the Property Management Director within seven (7) working days after agreed completion date of examination shall constitute acceptance by the contractor of all equipment listed on the purchase orders. BID NO: 56-02103 DATE: 7/29/03 CITY OF MIAMI BEACH 22 e. Items added to the contract after the beginning ofthe quarterly maintenance period listed on the purchase orders will be subject to examination and acceptance by the contractor under the same terms as listed for the equipment listed on the original purchase orders. WORK PERFORMANCE: Work performed shall consist of four (4) quarterly preventive maintenance inspections per year (December, March, June and September) plus all service calls required prior to and subsequent to quarterly preventive maintenance inspections during the term of the contract. Work performed shall be in accordance with manufacturer's commercial practice and shall include, but not be limited to cleaning, oiling, adjusting, replacing of parts, where needed, and keeping the generators in good serviceable condition, except repairs necessitated by fire, abuse, negligence, vandalism, acts of God, or repairs required beyond the control of preventive maintenance, such as internal engine component failure, crank shaft, connecting rod, piston, etc. An annual resistive load test shall be performed on all generators that are exercised with out load. INTERVENING REPAIR CALLS: Service will include all intervening repair calls necessary between regular inspections at no additional cost to the City. Such service shall be furnished during the contractor's normal business hours within eight (8) working hours after contractor receives the call from The Property Management Director or designated representative. EMERGENCY REPAIR: Emergency repair will be available twenty-four hours a day at no extra charge to the City. In the event of malfunction of machines, the contractor will be notified by the Property Management Director or designated representative. The contractor will service equipment within four (4) working hours for emergency calls. WORK DAY: A work day shall be construed as the normal eight (8) hours work day of the ordering agency within a work week, Monday through Friday, except holidays observed at the City of Miami Beach. Normal work hours are 8:30 AM through 5:00 PM. MAINTENANCE SERVICE: The contractor will systematically service the equipment covered by this contract within the allotted time set forth for each quarterly service. Service will include necessary cleaning, oiling, adjusting, calibrating, replacing parts and accomplishing minor repairs and those repairs that can be accomplished on site utilizing normal portable tools and equipment applicable to the trade. Suggestions for improvement and efficiency of operation should be offered by the contractor to operators at the time of services made. REPLACEMENT PARTS: The contractor will furnish, when required, all parts which cost $200.00 each net or less at no cost to the City. All labor required to install any/all replacement parts prior to the scheduled quarterly preventive maintenance inspection, will also be at no cost to the City. Replacement parts which cost in excess of$200.00 each net, when required shall be billed at vendors cost as quoted, and listed as separate items on the contractor's invoice for quarterly service. All maintenance work will have a minimum 90 calendar day warranty. All replacement parts which cost over $1,000.00 shall be submitted in writing to the Property Management Director. The request shall show part description, model number, if applicable, manufacturer and/or distributor and cost to the City. Manufacturer/Distributor price lists will be made available to the Property Management Director upon request. BID NO: 56-02/03 DATE: 7/29/03 CITY OF MIAMI BEACH 23 A V AILABILITY OF UTILITIES: Water and electricity are available at the job sites and may be utilized by the contractor, at no cost, in the quantities necessary to perform the work herein. Contractor will be responsible for all temporary connections necessary for operations and for their removal prior to final acceptance of work. PROPERTY MANAGEMENT DIRECTOR/REPRESENTATIVE: The Property Management Director or designated representative is hereby designated to participate in the administration of this contract to insure the contractor's compliance with its technical requirements, including inspection and acceptance of the services for the City at the performance sites. RESPONSIBILITY OF CONTRACTOR FOR CITY PROPERTY: The contractor assumes full responsibility for and shall indemnifY the City for any and all loss or damage of whatsoever kind and nature to any and all City property including any equipment, supplies, accessories, or parts furnished, while in custody and care for storage, repairs, or services to be performed under the terms of the contract, resulting in whole or part from negligent act or omissions of the contractor or any subcontractors. The Property Management Director must be notified by the contractor prior to the removal of any City owned property from the City. All equipment removed from the City will be accounted for on a hand receipt with a copy provided to the Property Management Director. ADDITIONAL PROVISIONS In case of emergency, the City reserves the right to utilize another vendor should there be more than a 24 hour delay in obtaining service from the primary vendor. The City may charge the primary vendor any cost associated with the repairs performed by another vendor, if it is determined that the work performed should have been provided by the primary vendor at no cost, as per the Terms and Conditions of the Scope of Work. ADD OPTION: Furnish and Install an Emergency Stand-By Generator (equal load or better) ifthe City's unit can not be repaired within eight (8) hours from contractor's receipt of emergency call. BID NO: 56-02/03 DATE: 7/29/03 CITY OF MIAMI BEACH 24 PROCEDURES Contractor shall be responsible for providing a Checklist with the items (A-L) listed below with the signature of the individual that performed each item of the inspection. This Checklist shall be attached to all invoices sent by the Contractor. Payment(s) will not be made by the City until receipt of this required Checklist. The Preventive Maintenance performed on the four (4) regular preventive maintenance inspections per year (December, March, June and September) for the above listed generators shall include: A. LUBRICATION SYSTEM: 1. Check forleaks 2. Check for operation of oil heater 3. Check and record engine oil level 4. Take oil sample and test for impurities 5. Change full flow filter by-pass filter and replace oil 6. Check oil pressure to meet specifications required by Manufacturer. B. COOLING SYSTEM: 1. Check for leaks, check hose and connections and check for radiator air restriction. 2. Check operation of coolant heater where applicable. 3. Check and record coolant level, antifreeze and coolant additive (corrosion inhibitor) concentrations as per manufacturers specifications. 4. Check belt condition and tension. 5. Check fan hub, drive pulley and water pumps. 6. Change coolant additive water filter where applicable. C. AIR INTAKE SYSTEM: 1. Check all air filter indicators and clean air filters as needed. 2. Check all air intake tubing connections from air filters to turbo and turbo to intake manifold. D. FUEL SYSTEM: 1. Check the governor linkage and clean as necessary. 2. Check and record fuel levels in both storage tanks and day tanks. 3. Drain or syphon offwater and other sediments from day tanks and fuel filters. 4. Change fuel filters. 5. Check operation of day tank pump, float switch and fuel oil level indicator. 6. Check fuel lines and connections for leaks, repairs, or tighten as necessary. 7. All waste products will be disposed of in accordance with all pertinent local, state and federal regulations. BID NO: 56-02/03 DATE: 7/29/03 CITY OF MIAMI BEACH 25 E. EXHAUST SYSTEM: 1. Check for exhaust leaks. 2. Clean turbocharger compressor wheel and diffuser where applicable. 3. Check turbocharger bearing clearance and check for end play where applicable. 4. Tighten exhaust manifold and turbocharger capscrews where applicable. F. ENGINE: 1. Check for unusual vibration and check vibration damper. 2. Grease fan pillow block bearings where applicable. 3. Clean engine. G. ENGINE ELECTRICAL SYSTEM: I. Check battery charger for correct operation and check operation in all modes; check and record float and equalize voltage. 2. Check and record battery electrolyte level. 3. Check and record battery voltage. 4. Check safety control and alarms. 5. Clean magnetic pick-up unit where applicable. H. GENERATOR ELECTRICAL SYSTEM: 1. Check air inlet and outlet for restriction. 2. Check windings and electrical connections. 3. Check operation of generator heater strips where applicable. 4. Grease bearings. 5. Inspect electric connection on regulator and generator. 6. Clean build up relay if applicable. 7. Check operation of change over switch and associated voltage and phase drop out equipment. 8. Check trip-out of main generator circuit breaker. 9. Make sure field breaker is closed and not defective. I. CONTROLS: 1. Check start switches in automatic. 2. Check instrumentation and check all electric connections, tightening all loose connections. 3. Check fuses, meters, indicating lights and relay contacts. BID NO: 56-02/03 DATE: 7/29/03 CITY OF MIAMI BEACH 26 J. GENERATOR CONTROLS: 1. Check electronic engine speed governor and associated circuit boards, replace or repair as necessary. 2. Check operation of decision maker circuit board and associated alarm lights, replace or repair as necessary . 3. Check fast response voltage circuit board and associated circuit board components in generator for steady voltage, replace or repair as necessary: 4. Check that all 3 phases voltage are at set specifications and frequency at 60 cycles. K. OPERATIONAL PROCEDURES CHECKING: 1. Perform load test with station loads including UPS and battery chargers. Check and record all meter readings, i.e. water temperature, oil temperature, voltages, current (all phases) frequency, etc. 2. Check operation under all possible simulated outage and failures. 3. Where generator is paralleling others, check droop voltage, check main voltage, check KV AR, KW and amperages in parallel. L. GENERAL: (Check the followinl!:) 1. Air Flow 2. Room ventilation 3. Temperature 4. Floor drains 5. Fire extinguishers 6. Lights 7. Cleanliness and safety BID NO: 56-02/03 DATE: 7/29/03 CITY OF MIAMI BEACH 27 A. FIRE DEPARTMENT: FIRE STATION # 1 LOCATION OF EQUIPMENT: ENGINE MFG.: ENGINE MODEL: ENGINE SERIAL #: GENERATOR MFG: GENERATOR SERIAL #: POINT OF CONTACT: PHONE NUMBER: FIRE STATION #2 LOCATION OF EQUIPMENT: ENGINE MFG.: ENGINE MODEL: ENGINE SERIAL #: GENERATOR MFG: GENERATOR SERIAL #: POINT OF CONTACT: PHONE NUMBER: LOCATION OF EQUIPMENT: ENGINE MFG: ENGINE MODEL: ENGINE SERIAL #: GENERA TOR MFG: GENERA TOR SERIAL #: POINT OF CONTACT: PHONE NUMBER: FIRE STATION #3 LOCATION OF EQUIPMENT: ENGINE MFG: ENGINE MODEL: ENGINE SERIAL #: GENERATOR MFG: GENERA TOR SERIAL #: POINT OF CONTACT: PHONE NUMBER: BID NO: 56-02/03 DATE: 7/29/03 EQUIPMENT DATA 1051 JEFFERSON AVENUE HINO 13.3L DIESEL DK130AI0261 GENERAC AD20l882 SND STATION OFFICER 673-7140/673-7135 2300 PINETREE DRIVE (MAINT. BLDG.) CUMMINS 48T-39 44247861 ONAN 600GCBL 30594R-C880108721 STATION OFFICER 673-7140/673-7171 2300 PINE TREE DRIVE ALLIS CHALMERS 670-T 1-7451-90447 40-21969 ONAN 100 DYC- l5RIPI4135-B820608207 STATION OFFICER 673-7140/673-7171 5303 COLLINS A VENUE HINO 13.3L DIESEL EK130A10480 GENERAC AD203258SPA STATION OFFICER 673-7140/673-7179 CITY OF MIAMI BEACH 28 A. FIRE DEPARTMENT (CONT'n): FIRE STATION #4 LOCATION OF EQUIPMENT: ENGINE MFG: ENGINE MODEL: ENGINE SERIAL #: GENERA TOR MFG: GENERA TOR SERIAL #: POINT OF CONTACT: PHONE NUMBER: B. POLICE DEPARTMENT LOCATION OF EQUIPMENT: ENGINE MFG: ENGINE MODEL: ENGINE SERIAL #: GENERA TOR MFG: GENERA TOR SERIAL #: POINT OF CONTACT: PHONE NUMBER: LOCATION OF EQUIPMENT: ENGINE MFG: ENGINE MODEL: ENGINE SERIAL #: GENERATOR MFG: GENERATOR SERIAL #: POINT OF CONTACT: PHONE NUMBER: EOUlPMENT DATA 6880 INDIAN CREEK DRIVE FORD UNKNOWN UNKNOWN KOHLER 20RZ.57531 STATION OFFICER 673-7140/673-7136 11 00 WASHINGTON AVENUE (ROOF TOP) CUMMINS VT A28G/GS/GG E7109726 CUMMINS RH-3222489-0 1 ED YOUNG 673-7960 11 00 WASHINGTON AVENUE (ROOF TOP) CUMMINS VTA28G/GS/GG E7l09726 CUMMINS RL-19-5 I 824-10/15/03 ED YOUNG 673-7960 Co PROPERTY MAINTENANCE DEPARTMENT CITY HALL LOCATION OF EQUIPMENT: ENGINE MFG: ENGINE MODEL: ENGINE SERIAL #: GENERATOR MFG: GENERA TOR SERIAL #: POINT OF CONTACT: PHONE NUMBER: BID NO: 56-02/03 DATE: 7/29/03 1700 CONVENTION CENTER DRIVE DETROIT DIESEL 6063HK35 06R0666729 KOHLER 506 KV A 0718937 BRAD JUDD 673-7630 CITY OF MIAMI BEACH 29 D. BASS MUSEUM LOCATION OF EQUIPMENT: ENGINE MFG: ENGINE MODEL: ENGINE SERIAL #: GENERATOR MFG: GENERATOR SERIAL #: POINT OF CONTACT: PHONE NUMBER: E. PARKING DEPARTMENT 42ND STREET GARAGE LOCATION OF EQUIPMENT: ENGINE MFG: ENGINE MODEL: ENGINE SERIAL #: GENERATOR MFG: GENERA TOR SERIAL #: POINT OF CONTACT: PHONE NUMBER: 17TH STREET GARAGE LOCATION OF EQUIPMENT: ENGINE MFG: ENGINE MODEL: ENGINE SERIAL #: GENERA TOR MFG: GENERATOR SERIAL #: POINT OF CaNT ACT: PHONE NUMBER: 16TH STREET GARAGE LOCATION OF EQUIPMENT: ENGINE MFG: ENGINE MODEL: ENGINE SERIAL #: GENERA TOR MFG: GENERATOR SERIAL #: POINT OF CONTACT: PHONE NUMBER: BID NO: 56-02/03 DATE: 7/29/03 EOUlPMENT DATA 21 00 PARK AVENUE DETROIT DIESEL UNKNOWN UNKNOWN KOHLER 506 KV A 0624001 BRUCE LAMBERTO 305-673-7630 SHERIDAN & 42ND STREET FORD LSG-8757-6005-A 21363-1-04-98 SPECTRUM DETROIT DIESEL 0672022 BRUCE LAMBERTO 305-673-7630 PENNSIL VANIA & 17TH STREET FORD 460T UNKNOWN KATO LIGHT LM 1 97028G-44088 BRUCE LAMBERTO 305-673-7630 COLLINS & 16TH STREET SPECTRUM DETROIT DIESEL 10637305 06A0474546 SPECTRUM DETROIT DIESEL 397217 BRUCE LAMBERTO 305-673-7630 CITY OF MIAMI BEACH 30 PREVENTIVE MAINTENANCE AGREEMENT FOR EMERGENCY GENERATORS BID # 56-02/03 BID PROPOSAL PAGE 3 OF 3 PAYMENT TERMS: NET 30. If other, specify here ANY LETIERS, ATTACHMENTS, ORADDmONAL INFORMATION TO BE CONSIDERED PART OF THE BID MUST BE SUBMITfED IN DUPLICATE. SUBMH fED BY: HECTOR A. GOMEZ SIGNED: CONDO ELECTRIC MOTOR REPAIR ~ (I certify'that I am authorized to execute this proposal and commit the bidding firm) COMPANY NAME: Bidders must acknowledge receipt ofaddendum (ifapplicable). Addendum No.1: AUG. 19.2003 Insert Date Addendum No.2: Insert Date NAME/TITLE(print): HECTOR A. GOMEZ - PRESTDRNT ADDRESS: 3615 E. 10 CT CITY/STATE: HIALEAH. FL ZIP: 33013 TELEPHONE NO: 305-691-5400 FACSIMILE NO: 305-691-6564 BID NO: 56-02103 DATE: 7/29103 CITY OF MIAMI BEACH 33 PREVENTIVE MAINTENANCE AGREEMENT FOREMffiRGENCYGENERATORS BID # 56-02/03 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 ODe 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 EquivalentslEqual Product General Conditions Section 1.10 Special Conditions Section 2.27 Insurance and Indemnification (including Insurance Checklist) X General Conditions Section 1.67 N/A Bid GuarantylPerformance Bond General Conditions Section 1.34 X Warranty Special Conditions Section 2.17 X Product/Catalog Information Special Conditions Section 2.18 X References Special Conditions Section 2.19 / Page 35 X Bidder Qualifications Special Conditions Section 2.22 X Exceptions to Specifications Special Conditions Section 2.24 X Contractor's QuestioDnaire (Page 37) BID NO: 56-02/03 DATE: 7/29/03 CITY OF MIAMI BEACH 34 PREVENTIVE MAINTENANCE AGREEMENT FOR EMERGENCY GENERATORS BID # 56-02/03 CUSTOMER REFERENCE LISTING Bidder's shall furnish the names, addresses, and telephone numbers of a minimum of eight (8) firms or government organizations for which the Contractor is currently furnishing or has furnished, similar services. (See "Minimum Requirements, page 2 and Special Conditions, Section 2.19) 1) Company Name CITY OF PF.MRROJrF. PINF.~ PUBLIC WORKS DEPT. 13975 PEMBROKE ROAD PEMBROKE PINES. FL 33027 Address Contact Person/Contract Amount MIKE PONCE 11 '1.000_00 Telephone No. 954-986-5013 Fax No. 954-986-5025 2) Company Name MOWS Address 6800 SW 87 AVE HIAMI. FL 33173 Contact Person/Contract Amount CLIFF JORDAN 157.000.00 T 1 h N 305-275-3717 e ep one o. Fax No. 305-277-1946 3) Company Name DEPT. OF TRANSPORTATION Address 1000 NW 111 AVE KIAMI. FL 33172 Contact Person/Contract Amount DIETER LEUCHTENMUELLER 15.000.00 Telephone No. 305-470-5842 Fax No. 305-470-5717 4) Company Name CITY OF HOLLYWOOD 2600 HOLLYWOOD BLVD. P.O.BOX 229045 HOLLYWOOD. FL 33022-9045 Address Contact Person/Contract Amount FRANK VITALLI 157.000.00 Telephone No. 954-921-3288 Fax No. 954-921-3258 BID NO: 56-02103 DATE: 7/29/03 CITY OF MIAMI BEACH 35 PREVENTIVE MAINTENANCE AGREEMENT FOR EMERGENCY GENERA TORS BID # 56-02/03 CUSTOMER REFERENCE LISTING (Contd.) 5) Company Name MONROE COUNTY FACILITIES PUBLIC WORKS 3583 S. ROOSEVELT BLVD. KEY WEST. FL 33040 Address Contact Person/Contract Amount ROY SANCHES 305-292-3572 32.000.00 Fax No. 305-292-3529 Telephone No. 6) Company Name BOARD OF COUNTY COMMISSIONERS BROWARD COUNTY ENVIORMENTAL SERVICES P.O. BOX 619002 POMPANO BEACH. FL 33061 Address Contact Person/Contract Amount IVAN DEBOGAVICH 115.000.00 Telephone No. 954-831-0871 Fax No. 954-497-1686 7) Company Name WHITE ROCK OUARRIES Address P.O. BOX 15065 WEST PALM BEACH. FL 33416 Contact Person/Contract Amount SAUL ALVAREZ 64.000.00 Telephone No. 305-821-7494 Fax No. 305-824-3508 8) Company Name TARMAC AMERICA. INC. Address 11000 NW 121 WAY MEDLEY. FL 33178 Contact Person/Contract Amount 305-827-7487 Telephone No. ROBERT ADDISON 283.000.00 305-827-7488 Fax No. BID NO: 56-02103 DATE: 7/29103 CITY OF MIAMI BEACH 36 BIDDER'S QUESTIONNAIRE NOTE: Information supplied in response to this questioDnaire is subject to verification. Inaccurate or incomplete answers may be grounds for disqualification from award of this bid. By Submitted to The Mayor and City Commission ofthe City of Miami Beach, Florida: CONDO ELECTRIC MOTOR REPAIR Principal Office 3615 E. 10 CT. HIALEAH, FL 33013 How many years has your organization been in business under your present business name? 'i1 How many years experience in providing the type of service specified in the bid documents has your organization had? 30 Does your organization have current occupational licenses entitling to do the service contemplated in this contract? YES Please provide copies with your proposal. Name, address, telephone numbers and person in charge of service center from which bidder proposes to furnish services: CELL. PHONE MOHAMED HALLAJ 3615 E. 10 CT. HIALEAH. FL 33011 TF.T.110'i-n91-'i400 X?R 786-229-9869 SERGIO (TONY) TARAFA " """ TEL#30'i-691-'i400 X'lO 7R6-586-6161 CARLOS ARGUELLO " """ TF.T.I'lO'i-6Q1-'i40n x"-tn Will you sublet any part of the work? ~ Yes or No Have you ever had a contract cancelled (under existing co~any name or another company name) due to failure to comply with contractual obligations? 0 If so, where and why? In what other lines of business are you financially interested or engaged? F.T.F.CTRTC MOTOR 1. GENERATOR REWIND AND PUMP REPAIR Give references as to experience, ability, and financial standing AMERICAN EAGLE AIRLINE ATLAS PAPER KILLS MELLON UNITED NATIONAL BAMC CSR RINKF.R QUIPP SYSTEM INC GRIBETZ INTERNATIONAL WHITE ROCK QrrARRTF.~ TARMAC AMERICA INC VINYL NORWEGIAN CRUT!':F. L IHE BID NO: 56-02/03 DATE: 8/19103 (AMENDED) CITY OF MIAMI BEACH 37 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 "frrm" shall mean any corporation, partnership, business trust or any legal entity other than a natural person. HECTOR A. GOMEZ JOSE G. ESPINOLA HECTOR J. GOMEZ b. Individuals or entities (including our sub-consultants) with a controlling fmancial interest: have XX 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. (SEAL) (SEAL) BID NO: 56-02103 DATE: 8/19103 (AMENDED) CITY OF MIAMI BEACH 38 b. Individuals or entities (including our sub-consultants) with a controlling financial interest: have XXX have not contributed to the campaign either directly or indirectly, of a candidate who has been elected to the office of Mayor or City Commissioner for the City of Miami Beach. Please provide the name(s) and date(s) of said contributions and to whom said contribution was made. (SEAL) (SEAL) BID NO: 56-02103 DATE: 7/29103 CITY OF MIAMI BEACH 39 . . No: OCCUPATIONAL LICENSE CITY OF HIJl.LEAH, FLORIDA Ralll L. Martinez 7694-3 Mayor .195.00 A'!1bunt: The person, firm or corp. listed hereon is hereby licensed to engage in the business '. specified subject to the regulations .andrestrictions of the City of Hialeah, Florida. AR~ATURE R~~INriI~G SHO~S CONDO ELECTRIC MOTOR REPAIR P. O. BOX 3340 HIALEAH. FL 33013 3745 E 10 CT EXPIRES SEPTEMBER 30,2003 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 DMSION 4, ENTITLED .PROCUREMENT", BY AMENDING SECTION 2-486, ENTITLED "CONE OF SILENCE"; SAID AMENDMENT, IN PART, EXTENDING THE PROHIBITIONS ON ORAL COMMUNICATIONS ON ALL REQUEST FOR PROPOSALS (RFP'S); REQUEST FOR QUALIFICATIONS (RFQ'S), AND INVITATION FOR BIDS (BIDS), BETWEEN THE MAYOR AND CITY COMMISSIONERS AND THEIR RESPECTIVE STAFF AND ANY POTENTIAL VENDOR, SERVICE PROVIDER, BIDDER, LOBBYIST, OR CONSULTANT; PROVIDING FOR ADDITIONAL EXCEPTIONS RELATIVE TO ORAL COMMUNICATIONS; PROVIDING FURTHER FOR REPEALER, SEVERABIUTY, AND AN EFFECTIVE DATE. WHEREAS, on January 29,2002, the Mlami-Oade County Commission approved Ordinance No. 02-3. amending Section 2-11.1(t) of the Miami-Dade County Code, the County's Cone of Silence Ordinance, with an effective date of February 8, 2002; and WHEREAS, Miami-Dade County's approved amendments extended the prohibition on oral communications regarding a particular RFP, RFQ, and bid for the solicitation of goods and services to those between a potential vendor, service provider, bldder,lobbyist or consultant, and the Mayor, County Commissioners and their respective staffs; and WHEREAS, Miami-Dade County's approved amendments added additional exemptions to the prohibition on oral communications regarding a particular RFP, RFQ, or bid for the solicitation of goods and services between any person and the procurement director or hislher designated staff responsible for administering the procurement process for such RFP, RFQ or bid, and between a member of the respective selection committee, provided the communication be limited strictly to matters of process or procedure already contained In the corresponding solicitation document; and - WHEREAS, Miami-Dade County's approved amendments added additional exemptions to the prohibition on oral communications between the County Manager and the chairperson of a selection committee about a particular selection committee recommendation, only after 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 descrtbed in writing and filed by the Manager with the Clerk of the County and be included in any recommendation memorandum submitted by the Manager to the County Commission; WHEREAS, MiamI-Dade County's approved amendments added additional exemptions to the prohibition on oral communications pertaining to emergency procurements. WHEREAS, said Miami-Dade County amendments are applicable to the Mayor and City Commissioners of the City of Miami Beach, the City Manager, and their respective staffs; and in order to extend said amendments and their applicability to potential vendors, BID NO: 56-02/03 DA TE: 7/29103 CITY OF MIAMI BEACH 40 service providers, bldders,'lobbyists, and consultants doing business in the City of MiamI Beach, the Administration and the City Attorney's Office herein recommends that the Mayor and City Commission amend the City's Cone of Silence Ordinance accordingly. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH: SECTION 1. Section 2-426, of Division 4 of Article VII of Chapter 2 of the Miami Beach City Code 18 hereby amended to read as follows: ArtIcle VII. Standards of Conduct DMSION 4. PROCUREMENT Sec. 2-488. Cone of silence. (a) Contracts for the provision of goods, aervlces, and construction projects. etheF ''''aA swElit GeA'Festa. (1) Definition. -Cone of silence- is hereby defined to mean a prohibition on: (a) any communication regarding a particular request for proposal rRFP"), request for qualiflcetlons (-RFO-), F8qweat fer leleF6 at iAteFeat (-RFll-), or bid between a potential vendor, service provider,. bidder, lobbyist. or consultant and the city's administrative staff including, but not limited to, the city manager and his or her staff; (b) any communication regarding a particular RFP, RFO, ~ or bid between the mayor, city commissioners, or their respective staffs, and any member of the city's administrative staff including, but not limited to, the city manager and his or her staff; . , (c) any communication regarding a particular RFP. RFO, ~ or bid between a potential vendor, service provider, bidder, lobbyist, or consultant and any member of a city evaluation and/or selection committee therefor: aR9 '(d) any communicetion regarding a particular RFP, RFO, RFY, or bid between the mayor, city commissloners...or their respective staffs...and SAY J...member of a city evaluation and/or selection committee therefor: (e) any communlcetlon reaardina sDartlcular RFP. RFO. or bid between the 1J18vor. cltv commissioners, or their r8soective staffs and a oatentisl vendor. service orovider. bidder. lobbYist. or consultant, NetwltA8laAElIRg 11=18 feFeg8iRg, t"'e GeRa 9f lilaRse lI:Iall Ret app!}' te 88mpetiti','e pFeeel881 fer 11=1& awaN 9f CDBG, HOME, SHIP SREI SwFtM Fl.IREle aElmiRist8F8E1 by the sitt aMes at 88mml:lRlty EI&'.telapm8At, BAEI Gemml:lAisatieA8 with 11=1& slly attem&y aAe I:Iis ar "'er ataft:. BID NO: 56-02/03 DATE: 7/29103 CITY OJ' MIAMI8J<:ACH 41 (2) Procedure. a. A The cone of silence shall be Imposed upon each RFP, RFQ, RRd; &Ad or bId after the advertisement of said RFP, RFO, RFId; or bid. At the time of Imposition of the cone of silence, the city manager or his or her designee shall provide for public notice of the cone of silence. The city manager shall Include In any public solicitation for goods and services a statement disclosing the requirements of this division. b, The cone of silence shall tennlnate~ ~t the time the city manager makes his or her written recommendation as to selection of a particular RFP, RFQ, RRJ.; or bid to the city commission, and said RFP, RFO, ~ or bid Is awarded; provided, however, that following the Mmanager making his or her written recommendation, the cone of silence shall be lifted as relates to communications between the M-mayor and M-members of the G-commission and the Giiity M-manager; providing filrther if the city commission refers the manager's recommendation back to the city manager or staff for further review, the cone of silence shall continue until such time as the manager makes a subsequent written recommendation, and the particular RFP, RFO, RFId; or bid is award9d~ ~ LUlln the event of contracts for less than $25,000.. when the city manager executes the contract. (3) Exceptions. The pF9\:lsioRs ef this eF8IRaRSe cone of silence shaft not apply to: (a) comDetitive Df'0C8SSeS for the award of CDBG. HOME, SHIP and Surtax Funds administered bv the city office of communltv develoDment: and (b) communications with the city attomev and his or her staff, ~ ~oral communications at pre-bid conferenc&s; 00 !sU.oral presentations before evaluation and/or selection committees; ~!!}contract discussions during any duly noticed public meeting; (e}-ID public presentations made to thecfty commissioners during any duly noticed public meeting; te) ,(g) contract negotiations with city staff following the award of ail RFP, RFQ, ~ or bid by the city commission; . ~ 1!:ll communications In writing at any time with any city employee, official or member of the city commission, unless specifically prohibited by the applicable RFP, RFO. RFU; or bid documents; 8F BID NO: 56-02/03 DATE: 7/29103 CITY OF MIAMI BEACH 42 {gHj} 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 ~mmisslon meeting. ~n communications reaardina a Darticular RFP, RFQ or bid between the Drocurement director. or hislher administrative staff resDonsible for admlnlsterlna the Drocurement Drocess for such RFP. RFQ or bid and a member of the evaluation/selection committee therefor. Drovided the communication Is limited strictlv to matters of DroceSS or Drocedure alreadv contained In the corresoondina solicitation document: !!9 duly noticed site visits to determine the comoetencv of bidders reaardina a Dartlcular bid durina the time Deriod between the oDenine of bids and the time the city manaeer makes his or her written recommendation: ill any emeraencv Drocurement of cODds or services: em} communications reeardinc a Darticular RFP. RFO. or bid between any Derson. and the Drocurement director. or hislher admlnlsbatlve staff resoonslble for administerinc the Drocurement DroceSS for such RFP. RFO. or bid. Drovlded the communication is limited strictly to matters of Droc&SS or DroCedure alreadv contained in the corresDondina solicitation document. !!:!l. The bidder,proposer, vendor, service provider, lobbyist, or consultant shall file a copy of any written communications with the city clerk. The city clert< shall make copies available to any person upon request. E~ ft.wtiileeRtraste. (1) -CeRS ef ellsRse- Is heMby tietlRed m fReaR 8 pretliblUsR eR: (a) 8RY SGfRfRYRieallsRS FegarEliRg a paRleYlar RFP, RFQ, RFlI, sr biEI beWJeeR a psteRtial VeRGe", sePo-iee pF&':iGer, bldd8F, Isbbylst, sr S9RSWItaRt aRd the fRayer, eity SSfRfRis6leReF8 sr their Fespesllve staffs, aRd aRY fRefRber ef the siays adfRlRietFatlve staff iR6IYdiRg, bI:lt Rat lifRitecI m the. eit)' FRaAager aRd "'is er her staff, aRd (b) aRY eral se"'fRYRlsatieR FegarEllRg a paFllewlar RFP, RFQ, RFll. sr bid bew/eeR the "'ayer, elly eefRfRissisAeF8 ertheir FespeGUve etaff6 aRd aRY fRefRber sf the 6Ity!e adfRIAlst.:e staff iR6IYdiAg, bYt Rat Rmited m,the elt}' fRaRager aRd his er her &ta#; aRd (e) aRyeemfRliRiC;atisR regarEliRg a paFtlsular ~P, Rea, RFlI, sr bkl betwseR a peteRtlal'I8RGeF, seFYise pAl\'ldeF, bidEts!) Isb~st, sr seRSY!taRt aRE! aRY fRefRbsr ef a ely e\'Slw&tleR aRdJsrseleetieA sefR",ittee; SAd (4) aAY semmwRleatlsR FegarEllRg a paFtleYlar RFP, RFQ sr bid bet\',-eeR the Maya", City CElfRfRiS6isReF8 Elr their Fespestive etalfe sAEI SRY AlefRber ef S lily evelyatleR aRdJer selestisR IIE1fRfRlttee. Net>....MhelaRdiRg the fSFegsiRg, the seRB ef 6ileRlle shal AEM apply tEl eSfRfRwAisatieRs ~'Jih the elly defRey aRE! his er her staft. (2) ixeept Be pAlvlEleE! iR swbse&tleRs (b)(3) BRE! (b)(4) hersEI~, a seRS efeileRee shall be IfRpElsed wpeR eash RFP, RFQ, RFlI, Elr bid fer alilflt seMses after the aE!'.'eRlsefRBRt ef said RFP, RFa, RFl~, sr blEl. At tRe tlfRe ef the ImpeslUsR ef the seRS ef sUBAlla, tAe sMy fRaRager sr his Elr her desigAee BID NO: 56-02/03 CITY OF MIAMI BEACH DATE: 7/29103 43 shall pl9'.<Ide fer the pwlillle Ratise ef tile SORe ef sileRse, TIle seRe ef sleRse shall teFlfliRate a) at tile time tI=Ie sity maRager makes his er lieI' ':.Il'MeR r:esommeAdatleR as te seleGtian ef a paFtlswlar RFP, RFQ, RFU, ar bid te the sity semR'llssien, and said RFP, RFQ, RFLI, er Iilis is 8''''8Fges; pl9'llised, 119\\le','er, tllat fellewing the Manager making his sr her ','/fitteR reSOR'lmeAsatieR, the SORe ef sileRse shall Iile liftes as relates te somR'lwRlsatleRs lile\waeR the Mayer and MemBeRl ef the CemR'lissiaR aRd the CI~' MaRager:; pr:evidlRg tuFther if tl:Je slly eemmissla!'l. FefeRl the manager's r:e6ammeRsatieR Bask te the sily manager ar staff fer fwFther f&':i8\v. tI:le eeRa af slleR6e shall eeRtinye wAtil sweh time as the R'laRager makes a sYbse~YeRt wfltten r:esomR'lendatlen. sAd tile paFtiwlar RFP, RFQ, RFLI, ar Iilid is a\','8F9aEler b) in tI:le eveRt ef seAtFS. fer lass than $26,000 \thleA the 61ly manager exeGwtes tha eeAtfaGt. . (3) NetttlRg 88AtaiRe8 heMin shall prellll~1t aAY bidder', pr:epesaF, '.'eREleF, sefVI88 pr:eviEler, Isbbyist. sr esnswllaRt (I) ffem maklRg pwlillis pr:eseRfatlsAs at duly AetiseEl pre bid seMer:enG86 sr eefsr:e ElYly netisaEl svalYatieR seR'lmittea meetiRgs; ~i) frem eAgagiRg iR eeARGt Elis6wssisRS dURng any E1YI}' nstlsed pueliG meetiRg: (ill) frem eRgagiRg in GeRtFaBt AagetlatisAs l..'Jith 6ity &taft fell~,\'ing the awaF9 sf SR RFP, RFQ, RFLI, sr blEl fer aydit By the GIty semR'lissieR; ar (iv) frem eemR'lwAlsatiRg IR vJl'iting l..\:lth any ai~' eRlplsyee sr effis'al fer PWl1issss ef seeking 61aFiflsatleR sr adElitleRal iAfelmatlsn frem tt1e GiIy ar respeRElIRg te the eity'-a re~Yest fer slaFifieatisR er aElElitieRal iRfeFlflatieR, sYIilJast te the pr:evisians e.f the appliGslille RFP, RFQ, RFLI, er liliEl ElaGymeM8. Ths IilIElser sr prepsser et6. shall file a eapy ef any \'Jl'itleR G9lflmYFlleatisR '.\'Ith the aily e1erk, TIle sily sleFl< shall make sepias available te the geRsFaI ",wBlis YpaR re~Yest. (~) NettllRg eeRlaiRed hereiR shall pretliblt aAY labbyist, bIElder,JrepeseF. Y9ASaF, BeFVise pr:e'JiseF. seRSWIlaRt, ar ather peRlaR ar eRtlly frem pwbllely aElElressing the sKy ssmmlsBlsFleRl SYFlAg aRY Elw!;' As'iseEl pYblle meetiRg regaF9IAg astlsR eA aRY ayslt 88Rtrast. The sit,. maRager sllall 'RefyEle In aRY pwblie sellsitatieR fer awElltiRg sel'\'isas a statemeRt ElisslasiRg tl:te re~wlrelfleRta af this ElMslaR, ~ Violations/penalties and procedures, A violation of this section by a particular bidder, proposer, vendor, service provider, lobbyist, or consultant shall subject said bidder, 9F proposer, vendor, service provider, lobbyist, or consultant to the same procedures set forth in DMslon 5, entitled :Oebannent of Contractors: from City Work; shall render any RFP award, RFQ award, RFll aW8F9, or bid award to said bidder, proposer, vendor, service provider, bidder. lobbyist, or consultant voidi!2!!; and said bidder, proposer, vendor, service provider, lobbyist, or consultant shall not be considered for any RFP. RFO, RI&Y or bid for a contract for the provision of. goods or services for a period of one year. Ally person who violates a provision of this dMslon shall be prohibited from serving on a city evaluation andlor selection committee. In addition to any other penalty provided by law, violation of any provision of this division by a city employee shall subject said employee to disciplInary action up to and including dismissal. Additionally, any person who has personal knowledge of a violation of this division shall report such violation to the city attorney's office or state attorney's office.. andlor may file a complaint with the county ethics commission. I (Qrd, No. 99-3164, S 1,1-6-99; Ord. No, 2001-3295, S 1, 3-14-01) DATE: 7/29/03 44 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. SECTION 3. REPEALER. All ordinances or parts of ordinances In conflict herewith be and the same are hereby repealed,. SECTION 4. SEVERABIUTY. If any section, subsection, sentence. clause, phrase or portion of this Ordinance Is, 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, SEcnON 5. EFFECTIVE DATE. This Ordinance shall take effect on the 10th day of August is 10 days after adoption. , 2002, which PASSED and ADOPTED this 31st ,2002. ATTEST: City Clerk Letters or numbers that are stricken through are deletions from existing ordinance. Letters or numbers that are undertined are additions to existing ordinance, F:\ATTO\OLIJ\RE8-0RDICONEOFSILENCE.FNL.DOC APPROVED I<S 1'0 FORM & lANGUAGE & FOR CUllON , ~.2C>~ 0. BID NO: 56-02/03 DATE: 7/29103 CITY OF MIAMI BEACH 45 OFFICE OF THE CITY ATTORNEY MURRAY H. DUBBIN City Attoruey ~ tfJlOumi~ , LOR 0 A e Telephone: Telecopy: (305) 673-747 (305) 673-700 COMMISSION MEMORANDUM DA11&:JlJ.LY31,ZOOZ TO: MAYOR DAVID DERMER MEMBERS OF THE CITY COMMISS FROM: MURRAY DUBBIN CITY ATIORNEYNJ, JORGE M. GONZALEZ CITY MANAGER SECOND READING PUBLIC HEARING SUBJEcr: AMENDMENT TO CITY'S "CONE OF SILENCE" ORDINANCE On January 29, 2002, the Miami-Dade C01DIty Commission approved an amendment to the COIDlty'S "Cone of Silence" Ordinance" with an effective date of February 8, 2002, The approved amendments to the C01DIty'S Ordinance, which the City Manager and the City Attomcy's Office herein recommend be incorporated as an amendment to the City's own "Cone of Silence" Ordinance, are as follows: (I) Extending 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, Commissioners, and their respective staffs; (2) Extending the prohibition on oral communications regarding a particular RFP, RFQ, or bid between any administrative staff member, and any member of an evaluation and/or selection committee therefor; (3) Notwithstanding the prohibition in subsection (2) above, providing an exemption allowing the Manager and the. chairperson of the evaluation and/or selection committee to conununicate upon a particular evaluation and/or selection committee Agenda Item ,J/SC 1700 ConvUltlon CUlter Drive - Fo.rdl Floor - Miami Bead Date 7-31-()~ BID NO: 56-02103 DATE: 7/29/03 CITY OF MIAMI BEACH 46 recommendation, but only after the committee has submitted an award recommendation to the Manager and, provided should a change occur in the committee's recommendation, the content of the communication and of the correspondence change 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; (4) Creating an exemption allowing communications regarding a particular RFP, RFQ, or bid between the Procurement Director (or hislher administrative staff responsible for administering the particular RFP, RFQ, or bid process) and a member of the evaluation/selection committee therefor, provided the communication is limited strictly to matters of process or procedure already contained in the corresponding bid document; (5) Creating an exemption for duly noticed site visits to detennine the competency of bidders regarding a particular bid, during the time period between the opening of the bids and the time the Manager makes hislher written recommendation to the Commission; (6) Creating an exemption for emergency procurement of goods or services; and (7) Creating an exemption to allow for communications regarding a particular RFP, RFQ, or bid between any person and the Procurement Director . (or his or her administrative staff responsible for administering the bid process), provided the communication is limited to matters of process or procedure already contained in the bid documents, The Miami-Dade County Commission on Ethics bas consistently taken the position that the County's Ethics legislation, as codified in Section 2 of the Miami-Dade County Code, applies to municipal officers and employees, whether or not they chose to adopt corresponding legislation or not. However, one of the reasons that the City of Miami Beach adopted its own cone of silence legislation was not only to make it stricter in places where the COUDty'S ordinance is more lenient (which is legally permissible), but also, assuming the County ethics legislation only applies to municipal officers and employees. the enactment of the City's own cone of silence ordinance extended the prohibitions of the ordinance, and the sanctions therein, to potential vendors, service providers, bidders. lobbyists, and/or consultants doing business with the City of Miami Beach. It is therefore recommended by the City Manager and City Attorney's Office's that the Mayor and City Commission herein adopt, on first reading, the attached amendments to the City's Cone of Silence Ordinance; said amendments mirroring the amendments already approved by the Miami. . Dade County Commission (in its Cone of Silence Ordinance). -.... ':IA~ 2 BID NO: 56-02/03 DATE: 7/29103 CITY OF MIAMI BEACH 47 DIVISION 3. LOBBYISTS Sec. 2-481. Definitions, The following words, terms and phrases, when used in this division, shall have thc meanings ascribed to them in this section, except whcrc the context c1carly indicatcs a diffcrent meaning: Advisory personnel means the membcrs of those city boards and agcncies whose sole or primary responsibility is to recommend legislation or give advicc to thc City commissioners. Autonomous personnel includes but is not limited to thc members of the housing authority, personnel board, pension boards, and such other autonomous or semi-autonomous authoritics, boards and agencies as are entrusted with the day-to-day policy setting, operation and management of ccrtain defined functions or areas of responsibility. Commissioners means thc mayor and members of the City commission. Departmcntal 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 conncction with administrative hcarings shan 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 encouragc 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 rccommendation of any personnel defined in any manner in this scction, during the time pcriod of the cntire decision-making process on such action, decision or recommendation that forcsceably will be hcard or revicwed by the City commission, or a City board or committce. The term specifically includcs the principal as wen as any agent, attorney, officcr or employee of a principal, rcgardless ofwhethcr such lobbying activities fall within the normal scope of cmployment of such agent, attorney, officcr or employee. Quasi-judicial pcrsonnel mcans 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 hcarings shall not bc includcd for purposes of this division. (Ord. No. 92-2777, 33 1,2, 3-4-92; Ord. No. 92-2785,33 1,2,6-17-92) Cross refercnce(s)--Dcfinitions generally, 3 1-2. Scc. 2-482. Registration. (a) All lobbyists shall, before engaging in any lobbying activities, rcgister with the City clerk. Every person rcquired to register shall rcgister on forms prepared by the clerk, pay a rcgistration fee as specified in appcndix A and state undcr oath: (I) His name; BID NO: 56-02/03 DATE: 7/29103 CITY OF MIAMI BEACH 48 (2) His business addrcss; (3) Thc name and business address of cach pcrson or cntity which has cmployed the rcgistrant to lobby; (4) Thc commissioncr or personnel sought to be lobbicd; and (5) The specific issue on which he has been employed to lobby. (b) Any changc to any information originally filcd, or any additional City commissioncr or personnel who arc also sought to be lobbied shaH rcquirc that the lobbyist file an amcndment to the registration forms, although no additional fee shall be required for such amcndmcnt. The lobbyist has a continuing duty to supply information and amcnd thc forms filcd throughout the period for which the lobbying occurs. (c) If thc lobbyist represcnts a corporation, partnership or trust, the chicf officer, partncr or beneficiary shall also be identified. Without limiting the foregoing, the lobbyist shall also idcntify all persons holding, directly or indircctly, a five percent or morc ownership intcrcst in such corporation, partnership, or trust. (d) Scparate registration shall be required for each principal rcpresented on each specific issue. Such issuc shall be described with as much detail as is practical, including but not limited to a specific description wherc applicable of a pending request for a proposal, invitation to bid, or public hearing number. The City c1crk shaH reject any registration statemcnt not providing a description of the spccific issuc on which such lobbyist has bcen employed to lobby. (e) Each person who withdraws as a lobbyist for a particular client shaH file an appropriatc notice of withdrawal. (f) In addition to the rcgistration fee requircd in subscction (a) ofthis scction, registration of all lobbyists shall be required prior to October 1 of evcry even-numbercd year; and the fce for bicnnial registration shaH bc as specificd in appendix A. (g) In addition to the matters addressed above, every rcgistrant shaH be requircd to state the cxtent of any business, financial, familial or professional rclationship, or othcr rclationship giving rise to an appearance of an impropriety, with any current City commissioner or pcrsonnel who is sought to be lobbicd as idcntified on the lobbyist registration form filed. (h) The registration fecs required by subsections (a) and (f) of this section shall be dcposited by the clerk into a scparate account and shaH bc cxpcnded only to cover the costs incurred in administering the provisions of this division. Thcrc shall be no fce required for filing a notice of withdrawal, and the City manager shall waivc the registration fee upon a finding of financial hardship, based upon a sworn statement of the applicant. Any pcrson who only appears as a representative of a nonprofit corporation or entity (such as a charitable organization, a ncighborhood or homeowner association, a local chambcr of commerce or a trade association or trade union), without special compensation or reimbursement for the appearance, whether direct, indirect or contingent, to exprcss support of or opposition to any item, shall not be required to register with the clerk as requircd by this scction. Copies of registration forms shall be furnished to each commissioner or other pcrsonncl named on thc forms. (Ord. No. 92-2777, ,,3,3-4-92; Ord. No. 92-2785, ,,3,6-17-92) BID NO: 56-02/03 DA TE: 7/29103 CITY OF MIAMI BEACH 49 Sec. 2-483. Exceptions to registration. (a) Any public officer, cmploycc or appointcc or any person or entity in contractual privity with the City who only appears in his official capacity shall not be rcquircd to registcr as a lobbyist. (b) Any pcrson who only appears in his individual capacity at a public hcaring before the city commission, planning board, board of adjustmcnt, or other board or committce and has no other communication with thc personnel dcfincd in scction 2-481, for thc purposc of self-represcntation without compcnsation or rcimburscmcnt, whcther direct, indirect or contingent, to express support of or opposition to any item, shall not bc rcquired to rcgistcr as a lobbyist, including but not limited to those who are mcmbers of homeowner or neighborhood associations. All speakcrs shall, howevcr, sign up on forms available at the public hearing. Additionally, any person requested to appear bcfore any city pcrsonncl, board or commission, or any person compelled to answer for or appealing a codc violation, a nuisance abatement board hcaring, a spccial master hearing or an administrativc hcaring shall not be rcquired to register, nor shall any agcnt, attorney, officer or employec of such person. (Ord. No. 92-2777,334,5,3-4-92; Ord. No. 92-2785, 33 4, 5, 6-17-92) Sec. 2-484. Sign-in logs. In addition to thc rcgistration requiremcnts addrcssed above, all city dcpartments, including the offices of the mayor and city commission, the offices ofthe city managcr, and thc offices ofthc city attorncy, shall maintain signed sign-in logs for all noncity employccs or personncl for registration whcn they meet with any pcrsonncl as defined in scction 2-481. (Ord. No. 92-2785, 3 6, 6-17-92) Sec. 2-485. List of expenditures, (a) On Octobcr I of each ycar,lobbyists shall submit to thc city clcrk a signcd statcmcnt under oath listing all lobbying expenditures in thc city for the preceding calcndar year. A statcmcnt shall bc filcd even if there have been no expcnditurcs during the reporting period. (b) Thc city clerk shall publish logs on a quartcrIy and annual basis reflecting the lobbyist rcgistrations filed. All logs required by this section shall be preparcd in a manner substantially similar to the logs prepared for the state Icgislature pursuant to F.S. 3 11.0045. (c) All mcmbers of thc city commission and all city personnel shall be diligcnt to ascertain whcther persons required to register pursuant to this section have complied with thc requiremcnts of this division. Commissioners or city personnel may not knowingly permit themselves to be lobbied by a pcrson who is not registered pursuant to this section to lobby the commissioncr or thc relevant committee, board or city personnel. (d) The city attorney shall investigate any persons engaged in lobbying activities who are rcported 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 thc 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 committce, board or personnel ofthe city. (Ord. No. 92-2777, 3 6, 3-4-92; Ord. No. 92-2785, 3 7, 6-17-92) BID NO: 56-02/03 DATE: 7/29103 CITY OF MIAMI BEACH 50 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 CONTRACI' 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 hercto as Exhibit A, is a statement of principles to help guide decisions and actions based on respect for the importance of ethical business standards in the community; and WHEREAS, the GMCC encourages its members to adopt the principles and practices outlined in the Model Code; and WHEREAS, the Commission believes that each entity which does business with the City of Miami Beach should be required, as a condition of doing business with the County to adopt a Code of Business Ethics. NOW, THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: Section I. 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 of the City Code. Section 2. The Commission urges the Greater Miami Chamber of Commerce to require that all of its members adopt the Model Code of Business Ethics. Section 3. adoption. This resolution shall become effective immediately upon its BID NO: 56-02103 DATE: 7/29/03 CITY OF MIAMI BEACH 51 PASSED and ADOPTED this 12th A TIEST: BID NO: 56-02/03 DATE: 7/29103 day of April 2000 (YOR APPFiOVEDAS TO FCRM & LANGUAc.:-,": & FOR EXECunoi.', /jitJ~Jl/ r~7-c>2J CITY OF MIAMI BEACH 52 GREATER MIAMI CHAMBER OF COMMERCE MOOEL COOE OF BUSINESS ETHICS STATEMENT OF PURPOSE The Greater Miami Chamber of Commerce ("GMCCi seeks to create and sustain an ethical business climate for its members and the community by adopting a Code of Business Ethics. The GMCC encourages its members 10 incorporate the principles and practices outlined here in their indiVidual codes of ethics which will guide their relationships with customers, clients and suppliers. This Model Code can and should be prominently displayed at all business locations and may be incorporated into marketing materials. The GMCC believes that its members should use this Code as a model for the development of their organizations' business codes of ethics. This Model Code is 0 slolement of principles 10 help guide deciSIons and ecllons based on respect fer the impMonce of ethical business standards in the community. The GMCC beilevesthe odoption 01 0 meaningful code of elhics is Ihe responsibilily of every business ond professlonel orgonirolion. ComDliance with Government Rules & Regulations We will properly maintain all reeords and post all licenses and certificates in prominent places easily seen by our employees and customers; In dealing with government agencies and employees, we will conduct business in accordance with all applicable rules and regulations and in the open: We will report contract irregufarities and other improper or unlawful business practices to the Ethics Commission, the Office of Inspector General or appropriate law enforcement authorities. Recruitment. Selection & Comllensation of Vendors and SUDDliers We will avoid conflicts of interestllnd elisc/ose such conflicts when identified; Gifts which compromise the integrity 0; a business transaction arc unacceptable: we will nol kick back any portion of a conlract payment to employees of the other contracting party or accept such a kickback. ' Business Accountinq 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 bus.ness and its products or services in II manner which is not misleading and does not falsely disparage our competitors: Dalna Business with the Government BID NO: 56-02/03 DATE: 7/29/03 CITY OF MIAMI BEACH 53 We will conduct business with government agencies and employees in a manner which avoids even the appearance of impropriety. Efforts to curry political favoritism are unacceptable; Our bids will be competitive, appropriate to the bid documents and arrived at independently: Any challenges to contract.s awarded will have a substantive basis and not be pursued merely because we are the unsuccessful bidder; We wilt, to the best of our ability, perform government contracts awarded at the price and under the terms provided for in the contract. We will not submit inflated invoices for goods provided or services performed under such contracts. and claims will be made only for work actually performed. We will abide by all contracting and subcontracting regulations. We will not, directly or Indirectly, offer to give a bribe or otherwise channel kickbacks from contracts awarded, to government officials, their family members or business associates. We will not seek or expect preferential treatment on bids based on our participation in political campaigns. Public Lif. ;ind Political Camllaians We encourage aU 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 contribute to the campaigns. of persons who are convicted felons or those who do not sign the Fair Campaign Practices Ordinance. We will not knowingly disseminate false campaign information or support those who do. Company Name Corporate Officer Date BID NO: 56-02/03 DATE: 7/29103 CITY OF MIAMI BEACH 54 ORDINANCE NO 2000-3234 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 2, ARTICLE VI, ENTITLED "PROCUREMENT", BY CREATING DIVISION 5, ENTITLED "DEBARMENT", SECTIONS 2-397 THROUGH 2-406 OF THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA, PROVIDING FOR DEBARMENT OF CONTRACTORS FROM CITY WORK; PROVIDING FOR SEVERABILITY; CODIFICATION; REPEALER; AND AN EFFECTIVE DATE. NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1. Miami Beach City Code, Chapter 2, entitled "Administration", Article VI, entitled "Procurement", is hereby amended by adding the following Division 5, entitled - "Debarment of Contractors from City Work" reading as follows: Division 5. Debarment of contractors from City work. Section 2-397.Purpose of debarment. (a) The City shall solicit offers from, award contracts to, and consent to subcontractors with responsible contractors only: To effectuate this police, the debarment of contractors from City work may be undertaken. (b) The serious nature of debarment requires that this sanction be imposed only when it is in the public interest for the City's protection. and not for purposes of punishment. Debarment shall be imposed in accordance with the procedures contained in this ordinance. Section 2-398.Definitions. (a) Affiliates. Business concerns. organizations, lobbyists or other individuals are affiliates of each other if, directly or indirectly. (I) either one controls or has the power to control the other, or (ii) a third part controls or has the power to control both. Indicia of control include, but are not limited to. a fiduciary relation which results from the manifestation of consent by one individual to another that the other shall act on his behalf and subject to his control, and consent by the other so to act; interlocking management or ownership; identity of interests among family members; shared facilities and equipment; common use of employees; or a business entity organized by a debarred entity, individual, or affiliate following debarment of a contractor that has the same or similar management, ownership, or principal employees as the contractor that was debarred or suspended. BID NO: 56-02/03 DATE: 7/29103 CITY OF MIAMI BEACH 55 (b) Civil judgment means a judgment or finding of a civil offense by any court of competent jurisdiction. (c) Contractor means any individual or other legal entity that: (1) Directly or indirectly (e.g. through an affiliate). submits offers for is awarded" or reasonably may be expected to submit offers or be awarded a City contract, including, but not limited to vendors, suppliers, providers, Bidders, Proposers, consultants, and/or design professionals, or (2) Conducts business or reasonable man be expected to conduct business. with the City as an agent" representative or subcontractor of another contractor. (d) Conviction means a judgement or conviction of a criminal offense. be it a felony or misdemeanor, by any court of competent jurisdiction. whether entered upon a verdict or a plea. and includes a conviction entered upon a plea of nolo contendere. (e) Debarment means action taken by the Debarment Committee to exclude a contractor (and. in limited instances specified in this ordinance. a Bidder or Proposer from City contracting and City approved subcontracting for a reasonable, specified period as provided in subsection (j) below: a contractor so excluded is debarred. (f) Debarment Committee means a group of seven (7) individual members, each appointed by the Mayor and individual City Commissioners, to evaluate and. if warranted. to impose debarment, (g) Preponderance Greater weight of the evidence means proof by information that, compared with that opposing it , leads to the conclusion that the fact at issue is more probably true than not. (h) Indictment means indictment for a criminal offense. An information or other filing by competent authority charging a criminal offense shall be given the same effect as an indictment. (I) Legal proceeding means any civil judicial proceeding to which the City is a party or any criminal proceeding. The term includes appeals from such proceedings. (j) List of debarred contractors means a list compiled, maintained and distributed by the City=s Procurement Office. containing the names of contractors debarred under the procedures of this ordinance. Section 2-399.List of debarred contractors. (a) The City's Procurement Office. is the agency charged with the implementation of this ordinance shall: (1) Compile and maintain a current. consolidated list (List) of all contractors debarred by City departments, Such List shall be public record and shall be available for public inspection and dissemination; BID NO: 56-02/03 DATE: 7/29/03 CITY OF MIAMI BEACH 56 (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 ofthe 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 ofthe 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: 56-02/03 DATE: 7/29103 CITY OF MIAMI BEACH 57 Section 2-401.Continuation of current contracts. (a) Commencing on the effective date ofthis 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 ofa 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: 56-02/03 DATE: 7/29/03 CITY OF MIAMI BEACH 5S (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, (I) 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. (b) The Committee may debar a contractor, (and, limited instances set forth hereinbelow a Bidder or Proposer) based upon a preponderance the greater weight of the evidence, for; (1) Violation ofthe terms of a City contract or subcontract or a contract or subcontract funded in whole or in part by City funds such as failure to perform in accordance with the terms of one (1) or more contracts as certified by the City department administering the contract; or the failure to perform or unsatisfactorily perform in accordance with the terms of one (1) or more contracts, as certified by an independent registered architect engineer or general contractor; (2) Violation of a City ordinance or administrative order which lists debarment as a potential penalty; (3) Any other cause which affects the responsibility of a City contractor or subcontractor in performing City work. Section 2-405.Debarment procedures. (a) Requests for the debarment of contractors may be initiated by a City Department or by a citizen-at large and shall be made in writing to the Office of the City Manager. Upon receipt of a request for debarment, the City Manager shall transmit the request to the Mayor and City Commission at a regularly scheduled meeting. The Mayor and City Commission shall transmit the request to a person or persons who shall be charged by the City Commission with the duty of promptly investigating and preparing a written report(s) concerning the proposed debarment, including the cause and grounds for debarment as set forth in this ordinance. BID NO: 56-02/03 DATE: 7/29/03 CITY OF MIAMI BEACH 59 (b) Upon completion of the aforestated written report, the City Manager shall forward said report to the Debarment Committee. 1he City's Procurement Office shall act as staff to the Debarment Committee and, with the assistance of the City department person or persons which prepared the report present evidence and argument to the Debarment Committee (c) Notice of proposal to debar. Within ten working days of the Debarment Committee having received the request for debarment and written report, the City's Procurement Office, on behalf ofthe 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 debarn1ent in terms sufficient to put the contractor and any named affiliates on notice ofthe conduct or transaction(s) upon which it is based; (3) That a hearing shall be conducted before the Debarment Committee on a date and time not less than thirty (30) days after service of the notice. The notice shall also advise the contractor that it may be represented by an attorney, may present documentary evidence and verbal testimony, and may cross-examine evidence and testimony presented against it. (4) The notice shall also describe the effect of the issuance of the notice of proposed debarment, and of the potential effect of an actual debarment. (d) No later than seven (7) working days, prior to the scheduled hearing date, the contractor must furnish the City's Procurement Office a list of the defenses the contractor intends to present at the hearing. If the contractor fails to submit the list, in writing, at least seven (7) working days prior to the hearing or fails to seek an extension 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. (e) Hearsay evidence shall be admissible at the hearing but shall not form the sole basis for initiating a debarment procedure nor the sole basis of any determination of debarment. The hearing shall be transcribed, taped or otherwise recorded by use of a court reporter, at the election Committee and at the expense of the City. Copies of the hearing tape or transcript shall be furnished at the expense and request of the requesting party. (t) 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 offact. The Committee's decision shall be made within ten (10) working days after conclusion of the hearing, unless the Debarment Committee extends this period for good cause. BID NO: 56-02/03 DA TE: 7/29/03 CITY OF MIAMI BEACH 60 (g) The Committee's decision shall be in writing and shall include the Committee's factual findings, the principal causes of debarment as enumerated in this ordinance, identification of the contractor and all named affiliate: affected by the decision, and the specific term, including duration, of the debarment imposed. (h) Notice of Debarment Committee's decision. (1) If the Debarment Committee decides to impose debarment, the City Manager shall give the contractor and any named affiliates involved written notice by certified mail, return receipt requested, or hand delivery, within ten (10) working days of the decision, specifYing the reasons for debarment and including a copy of the Committee's written decision; stating the period of debarment, including effective dates; and advising that the debarment is effective throughout the City departments. (2) If debarment is not imposed,the City Manager shall notifY the contractor and any named affiliates involved ,by certified mail. return receipt requested. or personal service, within ten (10) working days of the decision. (i) All decisions of the Debarment Committee shall be final and shall be effective on the date the notice is signed by the City Manager. Decisions ofthe Debarment Committee are subject to review by the Appellate Division of the Circuit Court. A debarred contractor may seek a stay of the debarment decision in accordance with the Florida Rules of Appellate Procedure. Section 2-406. Period of debarment. (a) The period of debarment imposed shall be within the sole discretion of the Debarment Committee. Debarment shall be for a period commensurate with the seriousness of the cause(s), and where applicable, within the guidelines set forth below, but in no event shall exceed five (5) years. (b) The following guidelines in the period of debarment shall apply except where mitigating or aggravating circumstances justifY deviation: (1) For commission of an offense as described in subsection 2404(a)(I): 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 offense as described in subsections 2404(b)(I) or (2): two (2) to five (5) years. (c) The Debarment Committee may, in its sole discretion, reduce the period of debarment, upon the contractor's written request for reasons such as: (1) Newly discovered material evidence; (2) Reversal of the conviction or civil judgment upon which the debarment was based; (3) Bona fide change in ownership or management; (4) Elimination of other causes for which the debarment was imposed; or (5) Other reasons the Debarment Committee deems appropriate. BID NO: 56-02/03 DATE: 7/29103 CITY OF MIAMI BEACH 61 (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 Debamlent 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 ofthe Code of the City of Miami Beach, Florida. The sections of this ordinance may be renumbered relettered to accomplish such intention, and the word "ordinance" may be changed to "section", "article," or other appropriate word. SECTION 4. REPEALER. All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. SECTION 5. EFFECTIVE DATE. This Ordinance shall take effect on the 3rd day ofMarch,2000. PASSED and ADOPTED this 23rd day of Februarv, 2000. BID NO: 56-02/03 DA TE: 7/29103 CITY OF MIAMI BEACH 62 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 ofthe 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 ofInterest, and purchase orders based on written or oral quotations, to have a clear and unequivocal procedure for resolving such protests in a timely and expeditious manner. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, as follows: Section 1. There is hereby added to Article VI of Chapter 2 of the City Code a new Section 2-371, which shall read as follows: Section 2-371. Authority to Resolve Protested Bids and Proposed Awards. (a) Right to Protest. Any actual bidder, qualified proposer, or interested parties (hereinafter collectively referred to as the "bidder") who has a substantial interest in, and is aggrieved in connection with the solicitation or proposed award of, a request for proposals ("RFP"), request for qualifications ("RFQ"), request for letters of interest ("RFLI') or invitation for bid for goods and/or services ("hereinafter, collectively referred to as the bid") may protest to the BID NO: 56-02/03 DATE: 7/29103 CITY OF MIAMI BEACH 63 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. (1) 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 ofthis section. Failure to timely protest bid specifications, requirements and/or terms is a waiver of the ability to protest the specifications, requirements and/or terms. (2) Any protest after the bid opening, including challenges to actions of any evaluation or selection committee as provided in subsection (a) above, shall be submitted in writing to the City Manager, or his or her designee. The City will allow such bid protest to be submitted anytime until two (2) business days following the release of the City Manager's written recommendation to the City Commission, as same is set forth and released in the City Commission agenda packet, for award ofthe 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 ofthis 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 ofthe 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: 56-02/03 DATE: 7/29/03 CITY OF MIAMI BEACH 64 (d) Authority to Resolve Protests. The City Manager or his or her designee shall have the authority to settle and resolve a protest concerning the solicitation or award of a bid. (e) Responsiveness. Prior to any decision being rendered under this Ordinance with respect to a bid protest, the City Manager and the City Attorney, or their respective designees, shall certify whether the submission of the bidder to the bid in question is responsive. The parties to the protest shall be bound by the determination of the City Manager and the City Attorney with regard to the issue of responsiveness. The determiBatioR of the City MaRager aRa the City Attorfley with regara to all proeeal:lfal aRa teehBieal matters shall Be fiRal. (f) Decision and Appeal Procedures. If the bid protest is not resolved by mutual agreement, the City Manager and the City Attorney, or their respective designees, shall promptly issue a decision in writing. The decision shall specifically state the reasons for the action taken and inform the protestor of his or her right to challenge the decision. Any person aggrieved by any action or decision of the City Manager, the City Attorney, or their respective designees, with regard to any decision rendered under this section may appeal said decision by filing an original action in the Circuit Court of the Eleventh Judicial Circuit in and for Miami-Dade County, Florida, in accordance with the applicable court rules. Any action not brought in good faith shall be subject to sanctions including damages suffered by the City and attorney's fees incurred by the City in defense of such wrongful action. (g) Distribution. A copy of each decision by the City Manager and the City Attorney shall be mailed or otherwise furnished immediately to the protestor. (h) Stay of Procurements During Protests. In the event ofa timely protest under this section, the City shall not proceed further with the solicitation or with the award pursuant to such bid unless a written determination is made by the City Manager, that the award pursuant to such bid must be made without delay in order to protect a substantial interest of the City. (i) The institution and filing of a protest under this Code is an administrative remedy that shall be employed prior to the institution and filing of any civil action against the City concerning the subject matter ofthe 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 ofthe Mayor and City Commission, the City Attorney, or his or her designee, shall present a report to inform the Mayor and City Commission of any legal issues relative to any bid protest filed in connection with the bid in question. (1) The determination ofthe City Manager and the City Attomev with regard to all BID NO: 56-02/03 DATE: 7121)/03 CITY OF MIAMI BEACH 65 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 ofthe City of Miami Beach, and it is hereby ordained that the provisions of this Ordinance shall become and be made part ofthe Code of the City of Miami Beach, Florida, The sections ofthis 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 Januarv . 2002. ATIEST:r PaM.l.r- ~lDK F:,^ T'IOV\QUR\aE50SIllIDPIlO'IS.lllI2.doc APfIRCMO AS TO FORM&1>>IGUAGf & FOI fXECUTlON ~ '';:';'-~I BID NO: 56-02/03 llATE: 7/29/03 CITY OF MIAMI BEACH 66 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 See, 38-6 2-487, Prohibited Campaign Contributions by Vendors WA. General. (1) W No flerseR whe is a vendor te the eity shall give a campaign contribution directly,or threl:lgfl a member efthe flerson's immediate family, or tflreagh a flolitieal aetieR eemmittee, er thre\:lgh aRY ether flerseR, 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). requests for letters of interest (RFLI). or bids issued by the City. shall incomorate this Ordinance so as to notify ootential vendors of the proscriotion embodied herein. (Q} No candidate; or campaign committee of a candidate for the offices of mayor or commissioner, shall selieit er reeeive deposit into such candidate's campaign account any campaign contribution directly or indirectly from a person "...he is a vendor te the eity, or thre\:lgh a member efthe flersoB's iHlHlediate family, er throagh BID NO: 56-02/03 DATE: 7/29103 CITY OF MIAMI BEACH 67 a flolitical aetioR €lemmittee, or tBrel:lgh aRY ether flersoR Oft behalf of the person. This prohibitieB applies to natural flerSOBS and te perseRs who hold a eontrelliRg fiaaReiBl iftterest iR busiBess efttities. Candidates (or those acting on their behalf) shall ensure compliance with this code section by confimling with the Procurement Division's City records (including City of Miami Beach website) to verify the vendor status of any potential donor. (2) A fine of up to $500.00 shall be imposed on every person who violates this flrehiBitieft section. Each act of selieitatioB, giving or reeei'liRg depositing a contribution in violation of this fl8ragFaflh section shall constitute a separate violation. All contributions recei';ea deposited by a candidate in violation of this flaragFBflh section shall be forfeited to the city's general revenue fund. (3) A person or entity who directly or thnll:lgh a member ef the perseB's immediate family, er threugh B fleliti€lal BetieB eommittee, er thro\:lgh BRY other perseB indirectly makes a contribution to a candidate who is elected to the office of mayor or commissioner shall be disqualified for a period of 12 months following the swearing in of the subject elected official from traRsBetiftg el:lsiRess serving as a vendor with the city. This prohiBitieft eft traBsaetiftg Bl:IsiBess with the city may ee waivea aftly ift the maMer flrovidea hereiReelew in sUBsectieR (b). (4) As used in this section: (a) 1, A "vendor" is a person and/or entity who traRsaets Bl:lsiRess '!Iith the eity, 6f has been Bflflrsvea BY the €lity eemmissioft te tfaRsaet bl:lsiReSS with the eity, er is listea eft the eity maRBger's aflflTeyed veftdor list. selected bv the City as the successful bidder on a present or pending bid for goods, equipment or services. or has been approved by the City on a present or pending award for goods. equipment or services. prior to or upon execution of a contract. purchase order or standing order. 2. "Vendor" shall include natural persons and/or entities who hold a controlling financial interest in a vendor entity. The term "controlling financial interest" shall mean the ownership. directlv or indirectly, of 10% or more ofthe outstanding capital stock in any corporation or a direct or indirect interest of 1 0% or more in a firm. The term "firm" shall mean a corporation. partnership. business trust or any legal entity other than a natural person. 3. For purposes of this ordinance. "vendor" status shall terminate upon completion of the agreement for the provision of goods, equipment or servIces. Dll For purposes ofthis section, the term "services" shaH 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: 56-02/03 DATE: 7/29/03 CITY OF MIAMI BEACH 68 fbj ,\ "eeRtribl:ltioR" is: h /1. gift, subscrifltieR, eeaveyaRee, aeflesit, leaR, flaymeBt, er aistriBl:ItioR efmoRey er an)'thiBg efvall:le, iftell:ldiRg eORtriB\:ltieRs ift kiaa haviBg aR attriBl:Itallle mORetary '/alue. 2-: .\ traasfer ef faRas bew/eeR flelitical €lemmittees, Bcw/eeR eemmittees ef eefttiftuo\:ls existeRee, er Betweeft a flelitieal eommittee aRd a committee ef cOBtiBl:Iel:lS existeftee. ~ The paymeat, BY afty perSOft ether thaR a eaBaidatel:1r flelitieal committee, ef eampeRsatieR fer the flersoRal services ef aBother flerseB whieh are r~ftaefea te a eaftcliaate er flelitieal eommiMee without charge to the eaftdiclatel:1r eommittee fur saeh serviecs. +. The transfer of faftds by a eamflaigB treaSl:lrer or deputy eampaiga treasl:lrer Betv/eeft a flrimary aeflesitery aRa a seflarate iRterest beariBg aeeel:lRt or eertifieatc of aepesit, aRa the term iRell:ldes aBY iftterest earned Oft sl:leh aeeol:lftt er ecrtifi€late. ~ 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). fbj B. 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: (1) .\R efleft to all sealed eempetitive .!lliim: preflesal has beeft submitted afta the eity offieial/aeRee has iB Be way flarti€lipatcd iR the determinatioa of the bid sfleeifieatioRs or bid awara; Rm The proflerty goods. equipment or services to be involved in the proposed transaction are unique and the city cannot avail itself of such flFeflerty goods. equipment or services without entering into a transaction which would violate this section but for waiver of its requirements; or ~ill The business entity involved in the proposed transaction is the sole source of supply withiR the €lit)' as determined by the City's Procurement Director in accordance with procedures established in section 2-367(c) of the Miami Beach City Code; ort41ill 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 ofthe citizens ofthe city, as determined by a five-sevenths vote of the city commission~: or ill A contract for the provision of goods, equipment or services exists which, if terminated bv the City, would be adverse to the best economic interests of the City. BID NO: 56-02/03 DATE: 7/29/03 CITY OF MIAMI BEACH 69 Any grant of waiver by the city commission must be supported with a full disclosure of the subject campaign contribution. fejC. 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 ofthis ordinance may be renumbered or relettered to accomplish such intention, and the word "ordinance" may be changed to "section", "article," or other . . SECTION 5. EFFECTIVE DATE This Ordinance shall take effect the _~~.: day of Janus 2003. PASSED and ADOPTED thl~ 8th day of ATTEST: ~~ (Requested by Commissioner Jose Smith, and approved by Community Affairs Committee) (Passed on 1st Reading on December 11, 2(02) JKO\kw F:\'taoIOUl'JlES.()lU)'JS-6.ma.doc Ord:f:ul1ce.1No.; . 2003~n8t II fRC\mM~ PCIIWa~ alQlPliOU'llON ~ C'1-...U"'O 2- DIIII BID NO: 56-02/03 CITY OF MIAMI BEACH ~c(iI~t~~oman\ORDINANCES\CAMPAIGN ORDINANCE20~Y-3389.doc ORDINANCE NO, 2002-3363 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING MIAMI BEACH CITY CODE CHAPTER 2, DIVISION 3, SECTION 2-485 THEREFORE ENTITLED "LIST OF EXPENDITURES; FEE DISCLOSURE; REPORTING REQUIREMENTS", BY REQUIRING DISCLOSURE OF LOBBYIST' FEES; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1. That Miami Beach City Code Chapter 2 entitled "Administration", Division 3 entitled "Lobbyist", Section 2-485 thereof is hereby amended to read as follows: Sec, 2-485. List of expenditures; fee disclosure; reporting requirements. a. On October 1 of each year, lobbyist subject to lobbyist registration requirements shall submit to the city clerk a signed statement under oath as provided herein listing all lobbying expenditures in the city for the preceding calendar year. A statement shall be filed even if there have been no expenditures during the reporting period. The statement shall list in detail each expenditure by category, including food and beverage, entertainment, research, communication, media advertising, publications, travel, lodging and special events. b. Each lobbvist ar'l/:Jhi~Jr;b,.lhCibal shall. before enqaqinq in any lobbvinq activities. submit to the City Clerk a ioint siqned statement under oath disclosinq the terms and amounts of compensation (to be) paid bv each principal to the lobbvist with reqard to the specific issue on which the lobbvist has been enqaqed to 10bbV: eabhprir'loipol shall also. Driar to thdlabb'linaaotivitiostakihcralaoe.sl.Jbmit to tho City Clork trsiClRcE! statomoRt I.lnder oath disclosinCl the tormsahCl.. amolln! of comaensatioR (to bo). oakl to oabh lel:ll:ivist Maaeod. b'ltheorinciDal With Feaara to the GPecifioisSlJo OR Which the lobb"ist hos boonenCloood to lobb'l. If no compensation has or will be oaid concerninq the subiect lobbv services. a statement shall nonetheless be filed reflectinq as such. BID NO: 56-02/03 DATE: 7/29103 CITY OF MIAMI BEACH 71 c. Any change to information originally filed shall require that the lobbyist (~al1d principal under subsection (b) above) file, within three business davsfrom such chanqed circumstances. on amendment siqned statement under oath amendinq to the above-referenced reports:additiol1allv. in theevel1t official. action On the specific lobbied issue is scheduled to occur durinq said three davperiod, the lobbvist and principal shall.. prior to said official action. further disclose the amendment bvpubliclv statinqon the record at which the official aetiol1isto occur the subiectamendment. The lobbyist (Sf and principal) has have a continuing duty to supply accurate information and amend said reports when so needed. (b) {Q} 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. f&) @} 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. {tij ill 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 affect the validity of the remaining portions of this ordinance. BID NO: 56-02/03 DATE: 7/29103 CITY OF MIAMI BEACH 72 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 ~2002. PASSED and ADOPTED on Second Reading this 8th day of Mav, 2002. ATTEST: Jiv.d: p~ CITY CLERK (Requested by Commissioner Matti Bower and Co-sponsored by Commissioner Simon Cruz, Jose Smith and Richard Steinberg) Shaded language reflects changes between first and second reading. JKO\kw F:A TTOIOLlJIRES-ORD\2-485.0RD .DOC APPROVED AS 10 FORM & LANGUAGE & FOR EXEClJ110N 1 Al M Q IIJJ-__ J../' "6-(JV ~-: Dale BID NO: 56-02/03 DATE: 7/29103 CITY OF MIAMI BEACH 73 ORDINANCE NO. 2003-3413 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 THE 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: seCTION 1: 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: 56-02/03 DATE: 7/29103 CITY OF MIAMI BEACH 74 ARTICLE VI. PROCUREMENT .*** DIVISION 3. CONTRACT PROCEDURES **** Sec. 2-372. Procedure to provide preference to Miami Beach-based vendors In contracts for !:Ioods and "en_ral services. (1) Definitions. For purposes of this section onlv. the followina definitions shall apply: (a) Bid shall mean a competitive bid procedure established throuch the issuance of an invitation to bid. The term "bid," as used herein. shall not include reQuests for proposals. reQuests for Qualifications. reauests for letters of interest. or the solicitation of purchase orders based on oral or written auotations. (b) General services means supcort services performed by an indeoendent contractor reQuirina specialized knowledae. experience. or expertise that includes. but is not limited to. pest control. ianitorial. laundry. caterina. security. lawn maintenance and maintenance of eQuipment. framina. and film development. (c) Goods includes. but is not limited to. supplies. eQuipment. materials and printed matter. (d) Miami Beach-based vendor means a bidder that has a valid occuoational license issued bv the City of Miami Beach. which authorizes said vendor to provide the subiect coeds and/or services. and has its headauarters in the City. or has a place of business located in the City at which it will produce the Qoods or perform the services to be purchased. The Citv ManaQer shall administrativelY resolve anv issues relatina 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. (2) Exemptions. (a) The provisions of this section. shall not applv. and no local oreference shall be accorded hereunder. to bids or oroposal procedures for professional services, which are defined. for purvoses of this section. as any services where the City is obtainina advice. instruction. or soecialized work from an individual. finn. or corporation specificallY Qualified in a particular area. and also those services procured pursuant to Section 287.055. Florida Statutes. BID NO: 56-02/03 DATE: 7/29103 CITY OF MIAMI BEACH 75 (b) The provisions of this section shall not applv. and no local preference shall be accorded hereunder. to bids and/or the solicitation or proposed award of a purchase order based on an oral or written Quotation for the purchase of. or contract for. the construction/renovation of public buildinQs. facilities. public works. or other public capital construction proiects. (3) Preference in Durchase of Qoods or oeneral seNices. Except where federal or state law mandates to the contrarv. in the purchase of Qoods or oeneral services bv means of a competitive bid. a preference will be Qiven to a respOnsive and responsible Miami Beach-based vendor. who is within 5% of the lowest and best bidder. an opportunitv of orovidinQ said Qoods or Cleneral services for the lowest responsive bid amount. (4l Whenever. as a result of the foreClOin(l preference. the adiusted prices of two (2) or more Miami Beach-based vendors constitute the lowest bid for a competitivelv bid ourchase. 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 havina the createst number of its emplovees that are Miami Beach residents. (Sl Whenever. two (2) or more Miami Beach-based vendors have the same number of its employees that are Miami Beach residents. then the award shall be made to the Miami Beach-based vendor who is certified bv Miami-Dade County as a Minority or Women Business Enterorise. (el ComDsrison of Qualifications. The preferences established herein in no wav orohibit the riClht of the City Manacer and/or the Mavor and City Commission, as applicable. to compare Quality of materials proposed for purchase and comoare Qualifications. character. responsibility and fitness of all person. firms or corporations submittinQ bids. Further. the preferences established herein in no way orohibit the riQht of the City ManaCler and/or the Mayor and City Commission. as applicable. from (living any other preference permitted by law instead of the preferences granted 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. SECTION 3. REPEALER. All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. BID NO: 56-02/03 DATE: 7/29103 CITY OF MIAMI BEACH 76 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 21st which is 10 days after adoption. day of June ,2003, PASSED and ADOPTED this 11th day of June ,2003. ~ ~Ovt~ City Clerk \! I C.- ..1J.,,... ~ Letters or numbers that are stricken through are deletions from existing ordinance. Letters or numbers that are underlined are additions to existing ordinance. T:\AGENDA\2003\apr0903\regu lar\LocaIPreference.doc APPROVED ItS TO fORM a LANGUAGS . FOR I)CItCU'nOM 4Ii.~-1-(23 City neY~y 81. BID NO: 56-02/03 DATE: 7/29103 CITY OF MIAMI BEACH 77