HomeMy WebLinkAboutBid 51-02/03 INVITATION FOR BIDS
SMOKE EVACUATION FANS & DAMPERS
REPLACEMENT AT THE POLICE STATION
BID # 51-02/03
BID OPENING: SEPTEMBER 19, 2003 AT 3:00 P.M.
Gus Lopez, CPPO, Procurement Director
City of Miami Beach - Procurement Division
1700 Convention Center Drive
Miami Beach, FL 33139
F:\PURC\$ALL\MARTA\Bids\02-03\ITB 51-02-03.doc
BID NO: 51-02/03 CITY OF MIAMI BEACH
DATE: 08/19/03 1
CLERK
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 · ~
www.miamlbeachfl.gov ~
To:
From:
Subject:
COMMISSION MEMORANDUM
Mayor David Dermer and Date: November 25, 2003
Members of the City Commission
Jorge M. Gonzalez~ . J ~..~ ~,
City Manager ~ ~~
REQUEST FOR APPROVAL TO AWARD A G'ONTRACT TO THERMO AIR,
INC., PURSUANT TO INVITATION TO BID NO. 51-02103, FOR THE
SMOKE EVACUATION FANS AND DAMPERS REPLACEMENT AT THE
POLICE STATION IN THE AMOUNT OF $39,200.
ADMINISTRATION RECOMMENDATION:
Approve the Award.
BID AMOUNT AND FUNDING:
$39,200 Funds are available from Acct. 520.1720.000674 (Property Capital)
ANALYSIS:
Invitation to Bid No. 51-02/03 (the "Bid") was issued on August 21,2003, with an opening
date of September 25, 2003. BidNet issued bid notices to (7) prospective bidders.
Additionally, the Procurement Division sent the bid announcement to the Blue Book online
bidding system "BB-Bid", thus inviting another (95) prospective bidders. The notices
resulted in the receipt of two (2) responsive bids and one non-responsive bid. The non-
responsive bid (City Air, Inc.) failed to specify the equipment being offered.
The work specified in the Bid consists of furnishing all labor, machinery, tools, means of
transportation, supplies, equipment, materials, and services necessary for the smoke
evacuation fans and dampers replacement at the police station. Contractor shall remove
and replace four (4) existing smoke evacuation fans located on the first, second, third and
fourth floors and four (4) existing smoke evacuation dampers located on the first, second,
third and fourth floors. Contractor shall furnish all fans, dampers, duct work, access panels,
controls, electrical, equipment, engineering drawings and permits necessary to successfully
complete the work.
Additionally, the Bid was issued with an add option to be provided only if bidderwas unable
to supply a fan for the 4~ floor that can be dismantled in order to gain access to the
mechanical room. Bidders who did not offer a fan that could be dismantled, were to
provide the cost of bringing the unit to the 4th floor mechanical room through the lobby area
of the Police Station using a lift.
Bid No. 51-02/03
November 25, 2003
Page 2
The lowest and best bid was received from Thermo Air, Inc. ("Thermo"). Thermo has been
in business for 50 years as a specialty mechanical contractor (AC). Thermo provides
excellent A/C services to the City. In 1995, Thermo successfully completed the cooling
tower installation at the Police Station, in the amount of $64,170; since August 2002,
Thermo has also worked on the NC systems of Normandy Golf Course, Fire Station #2
and Tower 41 for a total of $29,565. Additionally, the Procurement Division obtained
favorable references from the following agencies:
· Ramada Hollywood Beach Resort
· MDCPS-Energy Safety Communications
· Parsons
Thermo shall be substantially completed within twenty-one {21) calendar days from the
issuance of the second notice to proceed and completed and ready for final payment within
seven (7) calendar days from the date certified by the Project Manager as date of
substantial completion.
RECOMMENDATION
Based on the analysis of the bids received, it is recommended that the City award the
contract to the lowest and best bidder, THERMO AIR, INC.
BID TABULATION:
VENDOR Base Bid Add Option Bid Amount
Thermo AIr, Inc. $39,200 $39,200
City Air, Inc. (Non-responsive) $41,550 $1,500 $43,050
Environmental Control, Inc $67,518 $1,272 $68,790
T:~AGENDA~003~nov2503\consent\smoke evac fans bid 51-O2-03 MEMO.doc
CITY OF MIAMI BEACH
1700 CONVENTION CENTER DRIVE, MIAMI BEACH, FLORIDA 33139
http:\\miarnibeachfl.gov
PROCUREMENT DIVISION
Telephone (305) 673-7490
Facsimile (305) 673-7851
INVITATION TO BID NO. 51-02/03
ADDENDUM NO. 1
September 11, 2003
SMOKE EVACUATION FANS & DAMPERS REPLACEMENT AT THE
POLICE STATION is amended as follows:
I. Bid Opening Date is changed from September 19, 2003 to September 25, 2003 at 3:00
p.m.
II. A second site visit is scheduled for Tuesday September 16, 2003 at 10:00 p.m. at the
Police Station, located on 1100 Washington Avenue.
III. The City shall supply existing drawings for reference only. Drawing entitled "Schedules
and Legends HVAC" will be provided to Bidders upon request. Please contact the
Procurement Division at 305-673-7490 to request a copy.
IV. ADD page 23-1 (Fan Schedule) to the Bid Documents.
¥. REPLACE page 24 of the Bid Documents with attached amended page.
VI. REVISE third line in Contractor's Questionnaire, page 30 to read: "How many years
has your organization been in business under your present business name?"
VII. The following information relative to issues raised or discussed at the pre-bid
conference/site visit is hereby incorporated and made part of Bid No. 51-02/03:
A. Access to fire dampers - Successful bidder will be required to install a transition
between the fan and the damper to have access to the fire damper for servicing
without dismantling the fan. Should this not be possible due to size of fan/damper
assembly, access to dampers shall be provided, without having to dismantle the fan,
through the bottom of the fan housing.
B. Staging Area- There will be no designated area at the project site to store materials.
Successful bidder will be responsible for storing any and all materials for the
project.
C. Entry of Units to the mechanical rooms - Units can be entered to the mechanical
rooms on the 1st, 2"a and 3rd floor through the door connecting the Police Garage to
the Police Station building. Access to the 4th floor mechanical room through the
parking garage does not allow enough clearance to enter fully assembled units.
Bidders are requested to supply for the fourth floor a unit that can be dismantled in
order to gain access to the mechanical room. Should such unit not be available,
bidders are requested to provide a line item for the cost of entering the unit through
the lobby area with a lift (see amended Bid Proposal, page 24).
ITB 51-02/03
Addendum No. 1
Page 2
DJ
Height from floor to bottom of fan housing - Original construction does not meet
current City of Miami Beach Building Department's requirements for minimum
height between floor and fan. It is the Contractor's responsibility to pull all permits
to successfully complete the job. If you have any questions concerning this issue,
please contact the Building Department.
Bidders are reminded to please acknowledge receipt of this addendum with their proposals or the bid
may be considered non-responsive.
CITY OF MIAMI BEACH
Gus Lopez, CPPO
Procurement Director
mf
SMOKE EVACUATION FANS AND DAMPERS REPLACEMENT
COMPANY NAME:
DESCRIPTION
1) FANS (1st 2nd, 3r~ and 4th Floor):
Make/Model:
Make/Model:
Make/Model:
Make/Model:
2) DAMPERS (1~t, 2nd, 3rd and 4t~ Floor):
Make/Model:
Make/Model:
Make/Model:
Make/Model:
3) LABOR:
4) DUCT WORK:
5) ELECTRICAL WORK:
6) MISCELLANEOUS:
AT THE POLICE STATION
BID # 51-02/03
Bid Proposal Page 1 of 3
QTY. COST
1 EA $.
1 EA $.
I EA $.
1 EA $.
1 EA $.
I EA $.
I EA $.
I EA $.
$.
$.
$
$.
GRAND TOTAL: $
Written Amount
ADD OPTION: This option to be provided only if unable to supply a fan for the 4th floor that can be
dismantled in order to gain access to the mechanical room. In such case, Bidder to provide the cost of
bringing the unit to the 4th floor mechanical room through the lobby area of the Police Station using a life
ADD OPTION: $
Written Amount:
Delivery of Materials days ARO
Warranty: 1 Year (Section 2.17)
Installation __ days
(not to exceed 21 calendar day substantial completion (Section 2.3)
BID NO: 51-02/03 CITY OF MIAMI BEACH
DATE: 9/11/03 (AMENDED) 24
CITY OF MIAMI BEACH
1700 CONVENTION CENTER DRIVE, MIAMI BEACH, FLORIDA 33139
http:~miamibeachfl.gov
PROCUREMENT DIVISION
PUBLIC NOTICE
INVITATION TO BID NO. 51-02/03
Telephone (305) 673-7490
Facsimile (305) 673-7851
Sealed bids will be received by the City of Miami Beach Procurement Director, 3rd Floor, 1700
Convention Center Drive, Miami Beach, Florida 33139, until 3:00 p.m. on the 19th day of
September, 2003 for:
SMOKE EVACUATION FANS AND DAMPERS REPLACEMENT
AT THE POLICE STATION
Scope of Work: The work specified in this bid consists of furnishing all labor, machinery, tools,
means of transportation, supplies, equipment, materials, services necessary for the replacement of
smoke evacuation fans at the Police Station. Contractor shall remove and replace four (4) existing
smoke evacuation fans on the first, second, third and fourth floors and four (4) existing smoke
evacuation dampers on the first, second, third and fourth floors. Contractor shall furnish all fans,
dampers, duct work, access panels, controls, electrical, equipment, engineering drawings and permits
necessary to successfully complete the work. Contractor shall verify that upon completion of
installation, all new fans and dampers operate properly upon activation of fire alarm system.
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.
Minimum Requirements: Prospective Bidder must have a minimum of three (3) years experience
in providing HVAC Renovations and provide at least four (4) separate references for projects
completed, of which each project total cost was $20,000 or higher in construction work.
A Pre-Bid Conference/Site Visit will be held at 10:00 a.m. on September 4th, 2003 at the City of
Miami Beach Police Station, located at 1100 Washington Avenue.
Attendance at the Prebid Conference is highly encouraged and recommended as a source of
information but is not mandatory.
Bid Guaranty: A Bid Guaranty is not required, however the successful Bidder executing the
Contract will be required to provide the Performance Bond and Payment Bond in the amount
of one-hundred percent (100%) of the contract amount, and evidence of required insurance
within fifteen (15) calendar days after notification of award of the Contract.
BID NO: 51-02/03 CITY OF MIAMI BEACH
DATE: 08/19/03 2
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(r), 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 Interact access should review the registration options at the
following website: www. govbids.com/scfipts/southflorida/public/home 1.asp. If you do not have
Interact access, please call the BidNet(r) support group at 800-677-1997 extension # 214.
Any questions or clarifications concerning this Bid shall be submitted in writing by mail or facsimile
to the Procurement Division, 1700 Convention Center Drive, Miami Beach, FL 33139, or FAX:
(305) 673-7851. The Bid title/number shall be referenced on all correspondence. All questions must
be received no later than ten (10) calendar days prior to the scheduled Bid opening date. All
responses to questions/clarifications will be sent to all prospective bidders in the form of an
addendum.
The City of Miami Beach reserves the right to accept any proposal or bid deemed to be in the best
interest of the City of Miami Beach, or waive any informality in any proposal or bid. The City of
Miami Beach may reject any and all proposals or bids.
YOU ARE HEREBY ADVISED THAT THIS INVITATION TO BID IS SUBJECT TO THE
"CONE OF SILENCE, "IN ACCORDANCE WITH ORDINANCE NO. 2002-3378. A COPY
OF ALL WRITTEN COMMUNICATION(S) REGARDING THIS BID MUST BE FILED WITH
THE CITY CLERK.
YOU ARE HEREBY ADVISED THAT THIS INVITATION TO BID IS SUBJECT TO THE
"CODE OF BUSINESS ETHICS" ("CODE"), IN ACCORDANCE WITH RESOLUTION NO.
2000-23879.
YOU ARE HEREBY ADVISED THAT THIS REQUEST FOR BID IS SUBJECT TO THE
CAMPAIGN CONTRIBUTIONS BY VENDORS ORDINANCE NO. 2003-3389.
YOU ARE HEREBY ADVISED THAT THIS INVITATION TO BID IS SUBJECT TO THE
CITY OF MIAMI BEACH DEBARMENT ORDINANCE NO. 2000-3234.
YOU ARE HEREBY ADVISED THAT THIS INVITATION TO BID IS SUBJECT TO THE
BID SOLICITATION PROTEST ORDINANCE NO. 2002-3344.
YOU ARE HEREBY ADVISED THAT THIS INVITATION TO BID IS SUBJECT TO THE
CITY OF MIAMI BEACH LOBBYIST FEES DISCLOSURE ORDINANCE NO. 2002-3363.
CITY OF MIAMI BEACH
Gus Lopez, CPPO
Procurement Director
BID NO: 51-02/03 CITY OF MIAMI BEACH
DATE: 08/19/03 3
CITY OF MIAMI BEACH
1700 CONVENTION CENTER DRIVE, MIAMI BEACH, FLORIDA 33139
htr p:\\miamibeachfl.gov
PROCUREMENT DIVISION
NO BID
NOTICE TO PROSPECTIVE BIDDERS I
Telephone (305) 673-7490
Facsimile (305) 673-7851
If not submitting a bid at this time, please detach this sheet from the bid documents,
complete the information requested, and return to the address listed above.
NO BID SUBMITTED FOR REASON(S) CHECKED AND/OR INDICATED:
Our company does not handle this type of product/service.
We cannot meet the specifications nor provide an alternate equal product.
Our company is simply not interested in bidding at this time.
Due to prior commitments, I was unable to attend pre-proposal meeting.
__ OTHER. (Please specify)
We do __ do not __ want to be retained on your mailing list for future bids for the type or
product and/or service.
Signature:
Title:
Company:
Note: Failure to respond, either by submitting a bid or this completed form, may result in your
company being removed from the City's bid list.
Bill NO: $1-02/03 CITY OF MIAMI BEACH
DATE: 08/19/03 4
SMOKE EVACUATION FANS AND DAMPERS REPLACEMENT
AT THE POLICE STATION
BID # 51-02/03
1.0 GENERAL CONDITIONS
1.1
SEALED BIDS:
Original copy of Bid Form as well as any other pertinent documents must be returned in
order for the bid to be considered for award. All bids are subject to the conditions specified
hereon and on the attached Special Conditions, Specifications and Bid Form.
The completed bid must be submitted in a sealed envelope clearly marked with the Bid Title
to the City of Miami Beach Procurement Division, 3rd floor, 1700 Convention Center Drive,
Miami Beach, Florida 33139. Facsimile bids will not be accepted.
1.2
EXECUTION OF BID:
Bid must contain a manual signature of an authorized representative in the space provided on
the Bid Form. Failure to properly sign bid shall invalidate same and it shall NOT be
considered for award. All bids must be completed in pen and ink or typewritten. No
erasures are permitted. If a correction is necessary, draw a single line through the entered
figure and enter the corrected figure above it. Corrections must be initialed by the person
signing the bid. Any illegible entries, pencil bids or corrections not initialed will not be
tabulated. The original bid conditions and specifications CANNOT be changed or altered in
any way. Altered bids will not be considered. Clarification of bid submitted shall be in
letter form, signed by bidders and attached to the bid.
1.3
NO BID:
If not submitting a bid, respond by returning the enclosed bid form questionnaire, and
explain the reason. Repeated failure to bid without sufficient justification shall be cause for
removal of a supplier's name from the bid mailing list.
1.4
PRICES QUOTED:
Deduct trade discounts and quote firm net prices. Give both unit price and extended total,
when requested. Prices must be stated in units of quantity specified in the bidding
specifications. In case of discrepancy in computing the amount of the bid, the UNIT PRICE
quoted will govern. All prices must be F.O.B. destination, freight prepaid (unless otherwise
stated in special conditions). Discounts for prompt payment. Award, if made, will be in
accordance with terms and conditions stated herein. Each item must be bid separately and
no attempt is to be made to tie any item or items in with any other item or items. Cash or
quantity discounts offered will not be a consideration in determination of award of bid(s).
1.5
TAXES:
The City of Miami Beach is exempt from all Federal Excise and State taxes. State Sales Tax
and Use Certificate Number is 04-00097-09-23.
BID NO: 51-02/03 CITY OF MIAM1 BEACH
DATE: 08/19/03 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
1.8
1.9
1.10
CONDITION AND PACKAGING:
It is understood and agreed that any item offered or shipped as a result of this bid shall be the
latest new and current model offered (most current production model at the time of this bid).
All containers shall be suitable for storage or shipment, and all prices shall include standard
commemial packaging.
UNDERWRITERS' LABORATORIES:
Unless otherwise stipulated in the bid, all manufactured items and fabricated assemblies shall
be U.L. listed or re-examination listing where such has been established by U.L. for the
item(s) offered and furnished.
BIDDER'S CONDITIONS:
The City Commission reserves the right to waive irregularities or technicalities in bids or to
reject all bids or any part of any bid they deem necessary for the best interest of the City of
Miami Beach, FL.
EQUIVALENTS:
If bidder offers makes of equipment or brands of supplies other than those specified in the
following, he must so indicate on his bid. Specific article(s) of equipment/supplies shall
conform in quality, design and construction with all published claims of the manufacturer.
Brand Names: Catalog numbers, manufacturers' and brand names, when listed, are
informational guides as to a standard of acceptable product quality level only and should not
be construed as an endorsement or a product limitation of recognized and legitimate
manufacturers. Bidders shall formally substantiate and verify that product(s) offered
conform with or exceed quality as listed in the specifications.
Bidder shall indicate on the bid form the manufacturer's name and number if bidding other
than the specified brands, and shall indicate ANY deviation from the specifications as listed.
Other than specified items offered requires complete descriptive technical literature marked
to indicate detail(s) conformance with specifications and MUST BE INCLUDED WITH
THE BID. NO BIDS WILL BE CONSIDERED WITHOUT THIS DATA.
Lacking any written indication of intent to quote an alternate brand or model number, the bid
will be considered as a bid in complete compliance with the specifications as listed on the
attached form.
BID NO: 51-02/03
DATE: 08/19/03
1.11 (NOT USED)
1.12 (NOT USED)
1.13 NON-CONFORMANCE TO CONTRACT CONDITIONS:
Items may be tested for compliance with specifications. Item delivered, not conforming to
specifications, may be rejected and returned at vendor's expense. These items and items not
CITY OF MIAMI BEACH
6
1.14
1.15
1.16
1.17
1.18
1.19
1.20
1.21
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 thc bidder. Any violation of these
stipulations may also result in:
A) Vendor's name being removed from the vendor list.
B) All departments being advised not to do business with vendor.
SAMPLES:
Samples of items, when required, must be furnished free of expense and, if not destroyed,
will, upon request, be returned at the bidder's expense. Bidders will be responsible for the
removal of all samples furnished within (30) days after bid opening. All samples will be
disposed of after thirty (30) days. Each individual sample must be labeled with bidder's
name. Failure of bidder to either deliver required samples or to clearly identify samples may
be reason for rejection of the bid. Unless otherwise indicated, samples should be delivered to
the Procurement Division, 1700 Convention Center Drive, Miami Beach, FL 33139.
DELIVERY:
Unless actual date of delivery is specified (or if specified delivery cannot be met), show
number of days (in calendar days) required to make delivery after receipt of purchase order,
in space provided. Delivery time may become a basis for making an award. Delivery shall
be within the normal working hours of the user, Monday through Friday, excluding holidays.
INTERPRETATIONS:
Unless otherwise stated in the bid, any questions concerning conditions and specifications
should be submitted in writing to the Procurement Director, 1700 Convention Center Drive,
Miami Beach, FL 33139. Fax (305) 673-7851.
(NOT USED)
(NOT USED)
BID OPENING:
Bids shall be opened and publicly read on the date, time and place specified on the Bid
Form. All bids received after the date, time, and place shall be returned, unopened.
INSPECTION, ACCEPTANCE & TITLE:
Inspection and acceptance will be at destination unless otherwise provided. Title to/or risk
of loss or damage to all items shall be the responsibility of the successful bidder until
acceptance by the buyer unless loss or damage result from negligence by the buyer.
If the materials or services supplied to the City are found to be defective or not conform to
specifications, the City reserves the right to cancel the order upon written notice to the seller
and return product at bidder's expense.
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: 51-02/03 CITY OF MIAMI BEACH
DATE: 08/19/03 7
BID NO: 51-02/03
DATE: 08/19/03
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, roles 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) 673-7490/VOICE to request material in accessible format; sign language
interpreters (five days in advance when possible), or information on access for persons with
disabilities. For more information on ADA compliance please call Heidi Johnson Wright,
Public Works Department, at 305.673.7080.
1.31 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.
CITY OF MIAMI BEACH
8
1.32
1.33
1.34
1.35
1.36
(NOT USED)
LIABILITY, INSURANCE, LICENSES AND PERMITS:
Where bidders are required to enter or go onto City of Miami Beach property to deliver
materials or perform work or services as a result of a bid award, the successful bidder will
assume the full duty, obligation and expense of obtaining all necessary licenses, permits and
insurance and assure all work complies with all applicable Dade County and City of Miami
Beach building code requirements and the South Florida Building Code. The bidder shall be
liable for any damages or loss to the City occasioned by negligence of the bidder (or agent)
or any person the bidder has designated in the completion of the contract as a result of his or
her bid.
BID GUARANTY:
A Bid Guaranty is not required, however the successful Bidder executing the Contract
will be required to provide the Performance Bond and Payment Bond in the amount of
one-hundred percent (100%) of the contract amount, and evidence of required
insurance within fifteen (15) calendar days after notification of award of the Contract.
DEFAULT:
Failure or refusal of a bidder to execute a contract upon award, or withdrawal of a bid before
such award is made, may result in forfeiture of that portion of any bid surety required equal
to liquidated damages incurred by the City thereby, or where surety is not required, failure to
execute a contract as described above may be grounds for removing the bidder from the
bidder's list
CANCELLATION:
In the event any of the provisions of this bid are violated by the contractor, the Procurement
Director shall give written notice to the contractor stating the deficiencies and unless
deficiencies are corrected within ten (10) days, recommendation will be made to the City
Commission for immediate cancellation. The City Commission of Miami Beach, Florida
reserves the right to terminate any contract resulting from this invitation at any time and for
any reason, upon giving thirty (30) days prior written notice to the other party.
1.37 BILLING INSTRUCTIONS:
Invoices, unless otherwise indicated, must show pumhase order numbers and shall be
submitted in DUPLICATE to the City of Miami Beach, Accounts Payables Department,
1700 Convention Center Drive, Miami Beach, Florida 33139.
1.38 (NOT USED)
1.39 (NOT USED)
1.40 NOTE TO VENDORS DELIVERING TO THE CITY OF MIAMI BEACH:
Receiving hours are Monday through Friday, excluding holidays, from 8:30 A.M. to 5:00
P.M.
BID NO: 51-02/03 CITY OF MIAMI BEACH
DATE: 08/19/03 9
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 (10) calendar days prior
to scheduled Bid opening, a request for clarification. All such requests for clarification must
be made in writing and the person submitting the request will be responsible for its timely
delivery.
1.47
Any interpretation of the Bid, if made, will be made only by Addendum duly issued by the
City of Miami Beach Procurement Director. The City shall issue an Informational
Addendum if clarification or minimal changes are required. The City shall issue a Formal
Addendum if substantial changes which impact the technical submission of Bids is required.
A copy of such Addendum shall be sent by mail or facsimile to each Bidder receiving the
Solicitation. In the event of conflict with the original Contract Documents, Addendum shall
govern all other Contract Documents to the extent specified. Subsequent addendum shall
govern over prior addendum only to the extent specified. The Bidder shall be required to
acknowledge receipt of the Formal Addendum by signing in the space provided on the Bid
Proposal Form. Failure to acknowledge Addendum shall deem its Bid non-responsive;
provided, however, that the City may waive this requirement in its best interest. The City
will not be responsible for any other explanation or interpretation made verbally or in writing
by any other city representative.
DEMONSTRATION OF COMPETENCY:
1) Pre-award inspection of the Bidder's facility may be made prior to the award of contract.
Bids will only be considered from firms which are regularly engaged in the business of
providing the goods and/or services as described in this Bid. Bidders must be able to
demonstrate a good record of performance for a reasonable period of time, and have
BID NO: 51-02/03 CITY OF MIAMI BEACH
DATE: 08/19/03 10
1.48
1.49
sufficient financial support, equipment and organization to insure that they can satisfactorily
execute the services if awarded a contract trader the terms and conditions herein stated. The
terms "equipment and organization" as used herein shall be construed to mean a fully
equipped and well established company in line with the best business practices in the
industry and as determined by the City of Miami Beach.
2) The City may consider any evidence available regarding the financial, technical and other
qualifications and abilities of a Bidder, including past performance (experience) with the
City in making the award in the best interest of the City.
3) The City may require Bidders to show proof that they have been designated as authorized
representatives of a manufacturer or supplier which is the actual source of supply. In these
instances, the City may also require material information from the source of supply
regarding the quality, packaging, and characteristics of the products to be supplies to the City
through the designated representative. Any conflicts between this material information
provided by the source of supply and the information contained in the Bidder's Proposal may
render the Bid non-responsive.
4) The City may, during the period that the Contract between the City and the successful
Bidder is in force, review the successful Bidder's record of performance to insure that the
Bidder is continuing to provide sufficient financial support, equipment and organization as
prescribed in this Solicitation. Irrespective of the Bidder's performance on contracts
awarded to it by the City, the City may place said contracts on probationary status and
implement termination procedures if the City determines that the successful Bidder no longer
possesses the financial support, equipment and organization which would have been
necessary during the Bid evaluation period in order to comply with this demonstration of
competency section.
DETERMINATION OF AWARD
The City Commission shall award the contract to the lowest and best bidder. In
determining the lowest and best bidder, in addition to price, there shall be considered the
following:
a. The ability, capacity and skill of the bidder to perform the Contract.
b. Whether the bidder can perform the Contract within the time specified, without
delay or interference.
c. The character, integrity, reputation, judgement, experience and efficiency of
the bidder.
d. The quality of performance of previous contracts.
e. The previous and existing compliance by the bidder with laws and ordinances
relating to the Contract.
ASSIGNMENT:
The contractor shall not assign, transfer, convey, sublet or otherwise dispose of this contract,
including any or all of its right, title or interest therein, or his or its power to execute such
contract to any person, company or corporation without prior written consent of the City of
Miami Beach.
BID NO: 51-02/03 CITY OF MIAMI BEACH
DATE: 08/19/03 11
1.50
1.51
1.52
1.53
1.54
1.55
1.56
LAWS, PERMITS AND REGULATIONS:
The bidder shall obtain and pay for all licenses, permits and inspection fees required for this
project; and shall comply with all laws, ordinances, regulations and building code
requirements applicable to the work contemplated herein.
OPTIONAL CONTRACT USAGE:
As provided in Section 287.042 (17), Florida Statutes, other State agencies may purchase
from the resulting contract, provided the Department of Management Services, Division of
Procurement, has certified its use to be cost effective and in the best interest of the State.
Contractors have the option of selling these commodities or services certified by the Division
to the other State agencies at the agencies option.
SPOT MARKET PURCHASES:
It is the intent of the City to purchase the items specifically listed in this bid from the
awarded vendor. However, items that are to be ASpot Market Purehased~= may be purchased
by other methods, i.e. Federal, State or local contracts.
ELIMINATION FROM CONSIDERATION
This bid solicitation shall not be awarded to any person or firm which is in arrears to the City
upon any debt, taxes or contracts which are defaulted as surety or otherwise upon any
obligation to the City.
WAIVER OF INFORMALITIES
The City reserves the right to waive any informalities or irregularities in this bid solicitation.
ESTIMATED QUANTITIES
Estimated quantities or estimated dollars, if provided, are for City guidance only. No
guarantee is expressed or implied as to quantities or dollars that will be used during the
contract period. The City is not obligated to place any order for a given amount subsequent
to the award of this bid solicitation. Estimates are based upon the City's actual needs and/or
usage during a previous contract period. The City for purposes of determining the low bidder
meeting specifications may use said estimates.
COLLUSION
Bids from related parties. Where two (2) or more related parties each submit a bid or
proposal for any contract, such bids or proposals shall be presumed to be collusive. The
foregoing presumption may be rebutted by presentation of evidence as to the extent of
ownership, control and management of such related parties in the preparation and submittal
of such bids or proposals. Related parties mean bidders or proposers or the principals thereof
which have a direct or indirect ownership interest in another bidder or proposer for the same
contract or in which a parent company or the principals thereof of one (1) bidder or proposer
have a direct or indirect ownership interest in another bidder or proposer for the same
contract. Bids or proposals found to be collusive shall be rejected. Bidders or Proposers
who have been found to have engaged in collusion may be considered non-responsible, and
may be suspended or debarred, and any contract resulting from collusive bidding may be
terminated for default.
BID NO: 51-02/03 CITY OF MIAMI BEACH
DATE: 08/19/03 12
1.57
1.58
1.59
1.60
1.61
1.62
1.63
DISPUTES
In the event of a conflict between the documents, the order of priority of the documents shall
be as follows:
· Any agreement resulting from the award of this Bid (if applicable); then
· Addenda released for this Bid, with the latest Addendum taking precedence; then
· The Bid; then
· Awardee's Bid.
REASONABLE ACCOMMODATION
In accordance with the Title II of the Americans with Disabilities Act, any person requiring
an accommodation at the RFP opening because of a disability must contact Heidi Johnson
Wright at the Public Works Department at (305) 673-7080.
GRATUITIES
Proposers shall not offer any gratuities, favors, or anything of monetary value to any official,
employee, or agent of the City, for the purpose of influencing consideration of this proposal.
SIGNED BID CONSIDERED AN OFFER
The signed bid shall be considered an offer on the part of the bibber or contractor, which
offer shall be deemed accepted upon approval by the City Commission of the City of Miami
Beach, Florida and in case of default on the part of successful bidder or contractor, after such
acceptance, the City may procure the items or services from other sources and hold the
bidder or contractor responsible for any excess cost occasioned or incurred thereby.
Additionally, the City may take such action.
BID CLARIFICATION:
Any questions or clarifications concerning this Invitation to Bid shall be submitted in writing
by mail or facsimile to the Procurement Department, 1700 Convention Center Drive, Miami
Beach, FL 33139 FAX: (305) 673-7851. The bid title/number shall be referenced on all
correspondence. All questions must be received no later than ten (10) calendar days prior to
the scheduled bid opening date.
All responses to questions/clarifications will be sent to all prospective bidders in the form of
an addendum. NO QUESTIONS WILL BE RECEIVED VERBALLY OR AFTER SAID
DEADLINE.
TIE BIDS:
Please be advised that in accordance with Florida Statues Section 287.087, regarding
identical tie bids, preference will be given to vendors certifying that they have implemented
a drug free work place program. A certification form will be required at that time.
PUBLIC ENTITY CRIMES (PEC):
A person or affiliate who has been placed on the convicted vendor list following a conviction
for public entity crimes may not submit a bid on a contract to provide any goods or services
to a public entity, may not submit a bid on a contract with a public entity for the construction
or repair of a public building or public work, may not submit bids on leases of real property
BID NO: $1-02/03 CITY OF MIAMI BEACH
DATE: 08/19/03 13
1.64
1.65
1.66
1.67
to public entity, may not be awarded or perform work as a contractor, supplier, sub-
contractor, or consultant under a contract with a public entity, and may not transact business
with any public entity in excess of the threshold amount provided in Sec. 287.017, for
CATEGORY TWO for a period of 36 months from the date of being placed on the convicted
vendor list.
DETERMINATION OF RESPONSIVENESS:
Determination of responsiveness taken place at the time of bid opening and evaluation. In
order to be deemed a responsive bidder, your bid must conform in all material respects to the
requirements stated in their Bid.
DELIVERY TIME:
Vendors shall specify on the attached Bid Form, the guaranteed delivery time (in calendar
days) for each item. It must be a firm delivery time, no ranges will be accepted, i.e.; 12-14
days.
CONE OF SILENCE
This invitation to bid is subject to the "Cone of Silence" in accordance with Ordinance No.
2002-3378. A copy of all written communication(s) regarding this bid must be filed with the
city clerk.
INSURANCE AND INDEMNIFICATION:
(See Check List for applicability to this contract)
The contractor shall be responsible for his work and every part thereof, and for all materials,
tools, appliances and property of every description, used in connection with this particular
project. He shall specifically and distinctly assume, and does so assume, all risks of damage
or injury to property or persons used or employed on or in connection with the work and of
all damage or injury to any person or property wherever located, resulting from any action or
operation under the contract or in connection with the work. It is understood and agreed that
at all times the contractor is acting as an independent contractor.
The contractor, at all times during the full duration of work under this contract, including
extra work in connection with this project shall meet the following requirements:
Maintain Worker's Compensation and Employer's Liability Insurance to meet the statutory
requirements of the State of Florida.
Maintain Comprehensive General Liability Insurance in amounts prescribed by the City (see
checklist for limits) to protect the contractor in the interest of the City against all risks of
injury to persons (including death) or damage to property wherever located resulting from
any action or operation under the contract or in connection with the work. This policy is to
provide coverage for premises/operations, independent contractor, broad form property
damage, products/completed operations and contractual liability.
Maintain Automobile Liability Insurance including Property Damage covering all owned,
non-owned or hired automobiles and equipment used in connection with the work.
BID NO: 51-02/03 CITY OF MIAMI BEACH
DATE: 08/19/03 14
Maintain any additional coverages required by the Risk Manager as indicated on the
Insurance Check List. Name the City of Miami Beach as an additional insured on all liability
policies required by this contract. When naming the City of Miami Beach as an additional
insured onto your policies, the insurance companies hereby agree and will endorse the
policies to state that the City will not be liable for the payment of any premiums or
assessments. A copy of the endorsement(s) naming the City of Miami Beach as an
additional insured is required and must be submitted to the City's Risk Manager.
No change or cancellation in insurance shall be made without thirty (30) days written notice
to the City of Miami Beach Risk Manager.
All insurance policies shall be issued by companies authorized to do business under the laws
of the State of Florida and these companies must have a rating of at least B+:VI or better per
Best's Key Rating Guide, latest edition.
Original signed Certificates of Insurance, evidencing such coverages and endorsements as
required herein, shall be filed with and approved by the City of Miami Beach Risk Manager
before work is started. The certificate must state Bid Number and Title. Upon expiration of
the required insurance, the contractor must submit updated certificates of insurance for as
long a period as any work is still in progress.
It is understood and agreed that all policies of insurance provided by the contractor are
primary coverage to any insurance or self-insurance the City of Miami Beach possesses that
may apply to a loss resulting from the work performed in this contract.
All policies issued to cover the insurance requirements herein shall provide full coverage
from the first dollar of exposure. No deductibles will be allowed in any policies issued on
this contract unless specific safeguards have been established to assure an adequate fund for
payment of deductibles by the insured and approved by the City's Risk Manager.
The liability insurance coverage shall extend to and include the following contractual
indemnity and hold harmless agreement:
"The contractor hereby agrees to indemnify and hold harmless the City of Miami Beach, a
municipal corporation, its officers, agents, and employees from all claims for bodily injuries
to the public in and up to the amount of $1,000,000.00 for each occurrence and and for all
damages to the property of others in and up to the amount of $1,000,000.00 for each
occurrence per the insurance requirement under the specifications including costs of
investigation, all expenses of litigation, including reasonable attorney fees and the cost of
appeals arising out of any such claims or suits because of any and all acts of omission or
commission of any by the contractor, his agents, servants, or employees, or through the mere
existence of the project under contract".
The foregoing indemnity agreement shall apply to any and all claims and suits other than
claims and suits arising out of the sole and exclusive negligence of the City of Miami Beach,
its officers, agents, and employees, as determined by a court of competent jurisdiction.
BID NO: 51-02/03 CITY OF MIAMI BEACH
DATE: 08/19/03 15
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.
If bidder does not meet the insurance requirements of the specifications; altemate 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: 51-02/03 CITY OF MIAMI BEACH
DATE: 08/19/03 16
XXX 3.
XXX7.
XXX 8.
XXX 9.
INSURANCE CHECK LIST
Workers' Compensation and Employer's Liability per the Statutory limits of the state of
Florida.
Comprehensive General Liability (occurrence form), limits of liability $1,000,000.00
per occurrence for bodily injury property damage to include Premises/Operations;
Products, Completed Operations and Contractual Liability. Contractual Liability and
Contractual Indemnity (Hold harmless endorsement exactly as written in "insurance
requirements" of specifications).
Automobile Liability - $1,000,000 each
automobiles included.
Excess Liability - $
occurrence - owned/non-owned/hired
.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.
Other Insurance as indicated:
__ Builders Risk completed value $ .00
__ Liquor Liability $ .00
__ Fire Legal Liability $ .00
__ Protection and Indemnity $ .00
__ Employee Dishonesty Bond . $ .00
Other $ .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: 51-02/03 CITY OF MIAMI BEACH
DATE: 08/19/03 17
SMOKE EVACUATION FANS AND DAMPERS REPLACEMENT
AT THE POLICE STATION
BID # 51-02/03
2.0 SPECIAL CONDITIONS
2.1
2.2
2.3
PURPOSE:
The purpose of this bid is to establish a contract, by means of sealed bids to a qualified
contractor for the smoke evacuation fans and dampers replacement at the Police Station.
TERM OF CONTRACT: N/A
PROJECT SCHEDULE/COMPLETION TIMES:
Two (2) Notices to Proceed will be issued for this Contract. CONTRACTOR shall
commence scheduling activities, permit applications and other preconstmction work within
five (5) calendar days after the Project Initiation Date, which shall be the same as the date of
the first Notice to Proceed. The first Notice to Proceed and Purchase Order will not be
issued until CONTRACTOR's submission to CITY of all required documents (including but
not limited to: Payment and Performance Bonds, and Insurance Certificate) and after
execution of the Contract by both parties.
The receipt of all necessary permits by CONTRACTOR and acceptance of the full progress
schedule in accordance with technical specifications section, submittal schedule and
schedule of values is a condition precedent to the issuance ora second Notice to Proceed to
mobilize on the Project site and commence with physical construction of the work. The
CONTRACTOR shall submit all necessary documents required by this provision within
twenty-one (21) calendar days of the issuance of the first Notice to Proceed.
Time is of the essence throughout this Contract. This project shall be substantially completed
within twenty-one (21) calendar days from the issuance of the second Notice to Proceed,
and completed and ready for final payment within seven (7) calendar days from the date
certified by the Project Manager as the date of Substantial Completion.
2.4 (NOT USED)
2.5
ADDITIONS/DELETIONS OF FACILITIES: N/A
2.6 PRICES SHALL BE FIXED AND FIRM FOR TERM OF CONTRACT: N/A
2.7
PRE-BID CONFERENCE/SITE INSPECTION:
A Pre-Bid Conference will be held at 10:00 a.m. on September 4th, 2003 at the City of
Miami Beach Police Station, located at 1100 Washington Avenue.
2.8 (NOT USED)
2.9
VENDOR APPLICATION
The City of Miami Beach has contracted with BidNet and has begun utilizing a new central
bid notification system created exclusively for state and local agencies located in South
Florida. Created in conjunction with BidNet(r), this new South Florida Purchasing system
BID NO: 51-02/03 CITY OF MIAMI BEACH
DATE: 08/19/03 18
has replaced the DemandStar system and allow vendors to register online and receive
notification of new bids, amendments and awards. Vendors with Intemet access should
review the registration options at the following website:
www.govbids.com/scripts/southflorida/public/homel.asp. If you do not have Internet
access, please call the BidNet(r) 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~ci.miami-beach.fl.us. Communications between a proposer, bidder,
lobbyist or consultant and Procurement Staff is limited to matters of process or procedure.
Requests for additional information or clarifications must be made in writing to the contact
person, with a copy to the City Clerk, no later than ten (10) calendar days prior to the
scheduled Bid opening date.
The City will issue replies to inquiries and any other corrections or amendments it deems
necessary in written addenda issued prior to the deadline for responding to the Bid. Bidders
should not rely on representations, statements, or explanations other than those made in this
Bid or in any written addendum to this Bid. Bidders should verify with the Procurement
Division prior to submitting a proposal that all addenda have been received.
YOU MUST FAMILIARIZE YOURSELF WITH GENERAL CONDITION 1.66,
ENTITLED CONE OF SILENCE, WHICH SETS FORTH THE POLICIES AND
PROCEDURES RELATIVE TO ORAL AND WRITTEN COMMUNICATIONS.
SAMPLES: N/A
2.11 (NOT USED)
2.13
LIQUIDATED DAMAGES:
The Bidder agrees to pay the Owner liquidated damages in the amount of $50.00 per
calendar day beyond the 21 calendar days substantial completion date.
2.14
PERCENTAGE ABOVE VENDOR COST:
Bids for parts and supplies shall be submitted at vendor 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:
Prospective bidders are requested to provide Hourly Labor Rates in the Bid Proposal Form,
should additional "Work" not specified in the bid documents be required. 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).
BID NO: 51-02/03 CITY OF MIAMI BEACH
DATE: 08/19/03 19
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 of one
year. Warranty shall be described in detail on the attached Bid Form.
2.18 PRODUCT/CATALOG INFORMATION:
Bidders must submit catalog information on the unit(s) they propose to furnish on this bid.
2.19
REFERENCES (PROVIDE 8 REFERENCES, IN THE CUSTOMER REFERENCE
FORM ON PAGE 28)
Each bid must be accompanied by a minimum of eight (8) references, of which four (4)
separate projects must have been for $20,000 or Higher in construction work. Reference
shall include the name of the company, a contact person and the telephone number. NO BID
WILL BE CONSIDERED WITHOUT THIS LIST.
2.20
COMPLETE PROJECT REQUIRED:
These specifications describe the various items or classes of work required, enumerating or
defining the extent of same necessary, but failure to list any items or classes under scope of
the several sections shall not relieve the contractor from furnishing, installing or performing
such work where required by any part of these specifications, or necessary to the satisfactory
completion of the project.
2.21 FACILITY LOCATION:
1100 Washington Avenue, Miami Beach, Florida 33139.
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 done HVAC renovations as specified under the
Minimum Requirements on Page 2 of this Bid Documents. The evidence will consist of
listing of work that has been provided to public and private sector clients, ei. nature of
WORK within the last three (3) years.
2.23 LATE BIDS:
At time, date, and place above, bids will be publicly opened. Any bids or proposals received
after time and date specified will be returned to the bidder unopened. The responsibility for
submitting a bid/proposal before the stated time and date is solely and strictly the
responsibility of the bidder/proposer. The City is not responsible for delays caused by mail,
courier service, including U.S. Mail, or any other occurrence.
2.24 EXCEPTIONS TO SPECIFICATIONS:
Exceptions to the specifications shall be listed on the Bid Form and shall reference the
section. Any exceptions to the General or Special Conditions shall be cause for the bid to be
considered non-responsive.
BID NO: 51-02/03 CITY OF MIAMI BEACH
DATE: 08/19/03 20
2.25
2.26
2.27
COMPLETE INFORMATION REQUIRED ON BID FORM:
All bids must be submitted on the attached Bid Form and all blanks filled in. To be
considered a valid bid, the ORIGINAL AND ONE COPY of the Bid Form pages and all
required submittal information must be returned, properly completed, in a sealed envelope as
outlined in the first paragraph of General Conditions.
MAINTENANCE AGREEMENT: N/A
EQUAL PRODUCT:
Manufacturer's name, brand name and model number are used in these specifications for the
purpose o£ establishing minimum requirement of level of quality, standards of performance
and design required and is in no way intended to prohibit the bidding o£other manu£acturer's
items o£ equal material, unless otherwise indicated. Equal (substitution) may be bid,
provided product so bid is found to be equal in quality, standards of performance, design,
etc. to item specified, unless otherwise indicated.
Where equal is proposed, bid must be accompanied by complete factory information
sheets (specifications, brochures, etc.) and test results of unit bid as equal.
BID NO: 51-02/03 CITY OF MIAMI BEACH
DATE: 08/19/03 21
SMOKE EVACUATION FANS AND DAMPERS REPLACEMENT
AT THE POLICE STATION
BID # 51-02/03
3.0 MINIMUM SPECIFICATIONS
SCOPE OF WORK
Contractor shall remove and replace four (4) existing smoke evacuation fans located on the first,
second, third and fourth floors and four (4) existing smoke evacuation dampers located on the first,
second, third and fourth floors. Contractor shall furnish all fans, dampers, duct work, access panels,
controls, electrical, equipment, engineering drawings and permits necessary to successfully complete
the work. Contractor shall verify that upon completion of installation, all new fans and
dampers operate properly upon activation of fire alarm system.
I.GENERAL
1.1. The contractor shall replace four (4) existing smoke evacuation fans and four (4) existing
smoke evacuation dampers. Contractor shall furnish the new fans and dampers, controls,
equipment, labor, material, electrical, engineering drawings and permits to successfully
complete the work. All work shall be completed in accordance with the Florida Building Code
and all other applicable codes, and in a manner consistent with industry standards. Any waiver
of permit fees shall be solely determined by the Building Department. Contractor shall verify
c.f.m., horsepower and voltages. The City shall supply specifications of existing fans for
reference only.
1.2. Contractor shall furnish at the time of bid submittal a list of the proposed equipment and their
corresponding specifications.
1.3.
Contractor shall submit proposal in a line item format as follows:
Item Cost
Fans
Dampers
Labor
Duct work
Electrical
Miscellaneous
TOTAL
2. EQUIPMENT LIST
2.1. The following is a list of the equipment to be replaced:
Qty. Unit type Make
1 ea In-line centrifugal fan (First floor) Powerline
1 ea In-line centrifugal fan (Second floor) Powerline
1 ea In-line centrifugal fan (Third floor) Powerline
1 ea In-line centrifugal fan (Fourth floor) Powerline
4 ea Dampers (All floors except fifth) n/a
Model number Voltage/Phase
BCSL36Q 460/3
BCSL36R 460/3
BCSL36R 460/3
BCSL36Q 460/3
n/a n/a
BID NO: $1-02/03 CITY OF MIAMI BEACH
DATE: 08/19/03 22
3. DEMOLITION
3.1. All equipment, support frames, duct work, and any other debris resulting from the replacement
of these fans and dampers shall be removed for disposal by the Contractor. The City shall
reserve the right to salvage any component deemed useful.
4. NEW FANS AND DAMPERS
4.1. New fans and dampers shall be constructed with galvanized steel.
4.2. All new fans and dampers shall operate upon activation ofbuilding's tim alarm system, as well
as in the manual mode.
5. CONTROLS
5.1. Fans and dampers shall be supplied with all controls and actuators required for the proper
operation of such equipment.
5.2. Damper actuators shall be pneumatically operated.
6. ELECTRICAL
6.1. Contractor shall be responsible for all electrical work necessary to complete the job.
7. EQUIPMENT
7.1. Contractor shall supply all lifts, hoists, and all other equipment necessary to lift, remove,
install and discard of all debris, install new fans and dampers, and successfully complete the
work.
8. TESTING OF SYSTEM
8.1. Upon completion of installation, contractor shall verify that all new fans and dampers are fully
operational upon activation of fire alarm system as well as in the manual mode.
ALL REPLACED COMPONENTS OF THE SMOKE EVACUATION SYSTEM
SHALL BE OPERATIONAL AT THE END OF EVERY WORK DAY DURING THE
COURSE OF THE JOB.
CONTRACTOR SHALL NOTIFY THE PROPERTY MANAGEMENT, AND/OR THE
POLICE DEPARTMENT AND THE FIRE DEPARTMENT OF SYSTEM STATUS AT
THE END OF EVERY WORKDAY.
CONTRACTOR SHALL BE RESPONSIBLE FOR THE ARRANGEMENT OF ANY
FIRE WATCH REQUIRED BY THE FIRE DEPARTMENT.
BID NO: 51-02/03 CITY OF MIAMI BEACH
DATE: 08/19/03 23
: ............... ,m.a.O r.e.,.,'..c,~d:.~.r_,~..m..v.tvibiU~ ~003/004
SMOKE EVACUATION FANS AND DAMPERS
AT THE POLICE STATION
BID # 51-02103
COMPANY NAME:
DESCRIPTION
Bid Proposal Page 1 of 3
THERMO AIR, INC.
QTY. _C_OST
1) FANS (1* 2"~, 3~ and 4~ Floor):
M~k~Mo/¢l: JENNCO FANS/ JIB36
i EA
Make/Mc~cl: JENNCO F~S~ 3IR~
M~odel:_ ~CO F~S/ JIB36 ~ ~
Mmk~l: JE~CO F~S/ JIB36
~) D~P~S (1~, ~, 3~d 4'
M~I: P~FCO PRODUCTS/ 5000 I~A
M~o~l: P~FCO PRODUCTS/ 5000
M~M~I; P.REFCO PRODIICTE/ 5000 l ~
M~o~k~FCO PRODUCTS / 50~0 } EA
3) LABOR:
4) DUCT WO~:
~LEC~C~ WO~:
6), MISCEL~OUS:
$ 2,320
$ 2.320
$ 2,320
$ 1.130
1.130
1,130
1.130
1,537
1,968
OR~ TOTAL: $ _..,.~ 9,200.00
THIRTY~NINE THOUSA2/D T~O HUNDRED DOLL~S
Written Amount
ADD OPTION: This option to be provided only if unable to supply a .~: t for the 4m floor that can be
dismantled in order to gain access to the mechanical room In such cas,::. Bidder to provide the cost of
bringing the ,mit to the 4 floor m¢chamcal room through the lobby area c.i' '.he Police Stat/on usiag a liE.
ADD OPTION: $ Written Amount:
Delivery of Materials 42 days ARO
Warranty: I Year (Section 2.17)
Installation 12
(not to exceed 21 calendar d~;,' substamial complc~on (Section 2.3)
BID NO: 51-02/03
DATE: 9/11/03 (AMENDED) CITY OF MIAMI BEACH
24
SMOKE EVACUATION FANS AND DAMPERS REPLACE1V[ENT
AT THE POLICE STATION
Bm # 26-02/03
Bid Proposal Page 2 of 3
COMPANY NAIV[E:
THEI~iO AIR, INC.
HOURLY LABOR RATES (Section 2.16)
Should additional "Work" not specified in the bid documents be required, we propose to provide the work at the
following rates:
HOURLY LABOR RATE I: $ ? 5 /Hour
HOURLY LABOR'RATE II: $ /Hour
PARTS AND SUPPLIES (Section 2.14)
Should parts and supplies be required for additional "Work" not specified in the bid documents, we propose to
furnish at the following price:
PARTS AND SUPPLIES: AT VENDOR COST
These additional costs may be negotiated by the City Manager or his designated representative.
BID NO: 51-02/03 CITY OF MIAMI BEACH
DATE: 08/19/03. 25
SMOKE EVACUATION FANS AND DAMPERS REPLACEMENT
AT THE POLICE STATION
BID # 51-02/03
Bid Proposal Page 3 of 3
PAYMENT TERMS: NET 30. If other, specify here
ANY LETTERS, ATTACHMENTS, OR ADDITIONAL INFORMATION
CONSIDERED PART OF THE BID MUST BE SUBMITTED IN DUPLICATE.
SUBIV[ITTED BY: ET.I.TC~q' .RAT.Ag
COMPANY NAME: THERHO AT~Rv1 THC:.
SIGNED: ~Y~9~/~'ff,~
(I certify tha~l~a~ a~thorized to execute this proposal and
commit the bidding firm)
Bidders must acknowledge receipt of addendum (if applicable).
Addendum No. 1: 9 / 11/0 3
Insert Date
Addendum No. 3:
Addendum No. 2:
Addendum No. 4:
NAME/TITLE(Print):
ADDRESS:
CITY/STATE:
TELEPHONE NO:
FACSIMILE NO:
Insert Date
Insert Date Insert Date
EIJ.TOT RAT.AR; PRO.IF. CT MANA/".ER
2875.N~.29 AVE., :~:. ::
HOLLY~/0OD, FL ZIP: 33020
(954) 927-9333/ 1-800-535-6083
(954) 923-8003
TO' BE
BID NO: 51-02/03 CITY OF MIAMI BEACH
DATE: 08/19/03 26
SMOKE EVACUATION FANS AND DAMPERS REPLACEMENT
AT THE POLICE STATION
BID # 51-02/03
BID CHECK LIST
To ensure that your bid is submitted in conformance with the Contract Documents, please verify that
the following items have been completed and submitted as required.
X Original and one copy of bid (including all submittal information)
General Conditions Section 1.1
Special Conditions Section 2.25
X Execution of Bid
General Conditions Section 1.2
X Equivalents/Equal Product
General Conditions Section 1.10
Special Conditions Section 2.27
Insurance and Indemnification (including Insurance Checklist)
X General Conditions Section 1.67
Bid Guaranty/Performance Bond
X General Conditions Section 1.34
X Warranty
Special Conditions Section 2.17
X Product/Catalog Information
Special Conditions Section 2.18
References
X
Special Conditions Section 2.19 / Page 28
Bidder Qualifications
X
Special Conditions Section 2.22
X Exceptions to Specifications
Special Conditions Section 2.24
Contractor's Questionnaire
X (Page 30)
BID NO: 51-02/03 CITY OF MIAMI BEACH
DATE: 08/19/03 27
SMOKE EVACUATION FANS AND DAMPERS REPLACEMENT
AT THE POLICE STATION
BID # 51-02/03
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, of which, at least four (4) completed projects must have been for $20,000 or Higher
in construction work (See "Minimum Requirements", page 2)
1)
2)
4)
Company Name
Address 22 E.
Contact Person/Contract Amount
BURDINES
FLAGLER ST., MIAMI
PAUL FREAS
Telephone No. (305) 577-2072
Company Name
Address
Contact Person/Contract Amount
Telephone No. (305) 995-1550
Fax No.
MIAMI I~ADE COUNTY PUBLIC SC'HOOLS
RON TINCHER
Fax No.
Company Name UNIVERSITY OF MIAMI
Address 1535 LEVANTE AVE., CORAL GABLES
Contact Person/Contract Amount JIM DURANTE
Telephone No. (305) 284-1986 FaxNo.
HOLLYWOOD BEACH RESORT
101 N.. OCEAN DR. HOLLYWOOD
Company Name
Address
Contact Person/Contract Amount JOHN HARRISON
Telephone No. (954) 559-3579 FaxNo.
BID NO: 51-02/03 CITY OF MIAMI BEACH
DATE: 08/19/03 . 28
s)
6)
7)
8)
SMOKE EVACUATION FANS AND DAMI~ERS REPLACEMENT
AT THE POLICE STATION
BID # 51-02/03
CUSTOMER REFERENCE LISTING (Contd.)
Company Name ~A
Address
Contact Person/Contract Amount JACKIE LEE
Telephone No. (954) 926-2222 FaxNo.
Company Name CINGULAR W~RELESS
Address
Contact Person/Contract Amount JI_M FEENEY
Telephone No. (407) 797-0005 FaxNo.
Company Name ISLAND CLUB
Address 770 CLAUGHTON ISLAND DR., MIAMI
Contact Person/Conmact Amount ZOM RESIDENTIAL
Telephone No.(305) 371-7771 Fax No.
Company Name BELLSOUTH (PARSONS)
Address
Contact Person/Contract Amount NED DIETRICH
Telephone No. (t04) 558-4386 FaxNo.
BID NO: 51-02/03 CITY OF MIAMI BEACH
DATE: 08/19/03 29
CONTRACTOR'S QUESTIONNAIRE
NOTE: Information supplied in response to this questionnaire is subject to verification.
Inaccurate or incomplete answers may be grounds for disqualification from
award of this bid.
Submitted to The Mayor and City Commission of the City of Miami Beach, Florida:
By THER_~O AIR. INC.
Principal Office 2875 N. 29 AVE., HOIJ.YI~OOD, FL 33020
How many years has your organization been in business as a General Contractor under your present
business name? 0
Does your organization have current occupational licenses entitling it to do the work contemplated
in this Contract? YES
State of Florida occupational license - state type and number:
Dade County certificate of competency - state type and number: CI~IC
City of Miami Beach occupational license - state type and number:
Include copies of above licenses and certificates with proposal.
How many years experience in similar work has your organization had? (A) As a General Contractor
(B) As a Sub-Contractor 50 YF..ARS
(C) What contracts has your organization completed?
Contract Amt Class of Work
056726
When Completed Name/Ad&ess of Owner
Have you ever had a contract terminated (as prime contractor or sub-contractor, under existing
company name or another company name) due to failure to comply with contractual
specifications? NO
If so, where and why~
Has any officer or partner of your organization ever failed to complete a construction contract
handled in his own name?
NO
If so, state name of individual, name of owner, and reason thereof
BID NO: 51-02/03 CITY OF MIAMI BEACH
DATE: 08/19/03 30
In what other lines of business are you financially interested or engaged? NONE
Give references as to experience, ability, and financial standing
What equipment do you own that is available for the proposed work and where located?
What Bank or Banks have you arranged to do business with during the course of the Contract should
it be awarded to you? SIJNTRIJST
Please list the names and addresses of the subcontractors to be used for the portions of the work
listed below.
Vendor Campaign Contribution(s):
a. You must provide the names of all individuals or entities (including your sub-consultants)
with a controlling financial interest. The term "controlling financial interest" shall mean the
ownership, directly or indirectly, of 10% or more of the outstanding capital stock in any
corporation or a direct or indirect interest of 10% or more in a firm. The term "firm" shall
mean any corporation, partnership, business trust or any legal entity other than a natural
person.
RICHARD SAI.AS, PRESIDENT
C. RENI DE~IT, VICE PRESIDENT
RENE S3I.A$, ViCE PRESIDENT
BID NO: 51-02/03 CITY OF MIAMI BEACH
DATE: 08/19/03 31
Individuals or entities (including our sub-consultants) with a controlling financial interest:
have X have not contributed to the campaign either directly or indirectly, of a
candidate who has been elected to the office of Mayor or City Commissioner for the City of
Miami Beach. Please provide the name(s) and date(s) of said contributions and to whom
said contribution was made.
(SEAL)
.(SEAL)
BID NO: 51-02/03 CITY OF MIAMI BEACH
DATE: 08/19/03 32
2875 NORTH 29t~ AVE. ROLL~-WOOD, FL 33020-1505
rd~thermo-air, com
LIC~ CAC 008223
LIC~ CMC 056726
LIC~ CMC 056638
FL.WATFS 1-800-53~-6083
BROWARD: (954).927-9333<24HOUR>
INSiDELINE (954) 927-9030
S,FLA. 930-1150
DADE FAX: (305) 576-5811
BROWARD FAX: (954) 923-8003 ~--
AC#0524759
ODSTATE OF FLORIDA
EPARTMENT OF BUSINESS AND
PROFESSIONAL REGULATION
CMC056726 08/12/02 200045625
CERTIFIED MECHANICAL" CONTRACTOR :w
DEWIT, C RENI M .- ~._i~!~.:_ ~
THERMO AIR INC
IS CERTIFIED under the p=ovls£ons of Ch.489
-:!-: :.. lO 0 I~ ·
o~ ~ :-
o~
D300-733 6 61
~ E ~N~Y CLUB CI~
~O
Reni Dewit
Name
C~d/ss No. 002-68-0598 LUNo. N/A
has been cerUfled a~, requ~-ed by 40 CFR, Part 82, Subpart F
TYPEI 03/31/94 TYPEIII 03/31/94
TYPEH 03/31/94 UNI'V~iRSAL 03/31/94
EPA-608 Technician Ce/tiflcation Program [EPA-Apprav®d 9-30-93]
ORDINANCE NO. 2002-3378
AN ORDINANCE OF THE MAYOR AND CITY COMMI881ON OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING CHAPTER 2 OF THE CODE OF THE CITY
OF MIAMI BEACH, ENTITLED "ADMINISTRATION", BY AMENDING ARTICLE VII'
THEREOF, ENTITLED ,STANDARDS OF CONDUCT", BY AMENDING DIVISION
4, ENTITLED 'PROCUREMENT", BY AMENDING SECTION 2-486, ENTITLED
"CONE OF 81LENCE"; 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 crrY
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, o6 January 29, 2002, the Miami-Dada County Commission approved
Ordinance No. 02-3, amending Section 2-11.1(t) of the Miami-Dada County Code, the
County's Cone of Silence Ordinance, with an effective date of February 8, 2002; and
WHEREAS, Miami-Dada County's approved amendments extended the prohibition
on omi communications regarding a particular RFP, RFQ, and bid for the solicitation of
goods and services to those between a potential vender, service provider, bidder, lobbyist
or consultant, and the Mayor, County Commissioners and their respactlve staffs; and
WHEREAS, MlamkDede County's approved amendments added additional
exemptions to the prohibition on omi communications regarding a particular RFP, RFQ, or
bld for the solicitation of goods and sen/ices between any parson and the procurement
director or his/her designated staff responsible for administering the pmcurament process
for such RFP, RFQ or bid, and between a member of the respective selection committee,
provided the communication be limited strictly to matters of process or proced.um already
contained in the corresponding solicitation document; and
WHEREAS, .MlarnkDade County's approved amendments added addi~onal
exemptions to the prohibition on omi communications between the County Manager and
the chairperson of a selection committee about a particular selection committee'
recommendation, only after the committee has submitted a reCOmmendation to the
Manager and provided that, should any change occur in the committee recommendation,
· the content of the communication and of the corresponding change shall be described in
writing and filed by the Manager with the Clerk of the County and be included In any
recommendation memorandum submitted by the Manager to the County Commission;
WHEREAS, Miami-Dada County's apprOved amendments added additional
exemptions to the prohibition on oral communications pertaining to emergency'
procummenta.
WHEREA8, said Mlaml'Dede County amendments am'applicable to the MayOr and
city Commissioners of the CRy of Miami Beach, the CRy Manager. and their respoctlve
staffs; and in order to extend said amendments and their applicability to potential vendom.
BID NO: 51-02/03 CITY OF MIAMI BEACH
DATE: 08/19/03 33
service providers, bldders,'10bbyists, 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 crrY OF MIAMI BEACH:
SECTION 1. Section 2-426, of Divislon 4 of Article VII of Chapter 2 of the Miami Beach
City Code is hereby amended to read as follows:
Article VII. Standard.. of Conduct
DIVISION 4. PROCUREMENT
Sec. 2-488. Cone of silence.
(a) Contracts for the provision of goods; services, and construction project~.eth~
Definition. "Cone of sllance" is hereby defined to mean a prohibition on:
(a) any communication regarding a particular request for I~roposal ("RFP"),
request for qualifications ("RFQ"), ,-~":~
or bid between a potential vendor, service pmvider,,bidder, lobbyist, or
consultant and the city's admln~i~-ative Staff including, but nOt limited to,
the city manager and his or her staff;,
(b) any communication regarding a pa~cular RFP, RFQ, RFL--h or bid
between the mayor, c,.y oommi.ioners, or their respective staffs, and
any member of the city's adminiab-a~lve staff Including, but not limited to,
the city manager.and his or her staff;
any communication regarding a particular RFP, RFQ, RFL-~ or bid
between a potential vendor, service provider, bidder, lobbyist, or
consultant and any member of a city evaluation and/or selection
committee therefor:..,..
'(d) any communication regarding a partk~lar RFP, RFQ, ~ or bid'
between the mayor, city commissioners.or their respective Maffs,.and
=.'.7 amember of a city evaluation J~ld~2[~[~]~/committse therefor:.
(e) any communication _ren_erdina a nerticular RFP. RFQ. or bid between the
rpavor, city commlasioners.' or their resoecfive staffs end a Dotential
vendor, service provider, bidder, lobbyist, or consultant. ~
__';'-_._~ .......
BID NO: 51-02/03 CITY OF MIAMI BEACH
DATE: 08/19/03 34
(2)
A Th9 cone of silence shall be Imposed upon each RFP, RFQ, ~
=.-.__. orbld after the advertisement of said RFP, RFQ, ~ 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 s[atement disclosing the requirements of this divisicn.
The cone of silence shall termina~e:
~ the time the city manager makes his or her written
recommendation as to selection of a particular RFP, RFQ, RFL--h, or
bid to. the city commission, and said RFP, RFQ, I;~ or bid is
awarded; provided, however, that following the MD~nager 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 C-J~mmission and the G-~ity M .manager;, provk:llng ftlrther if the
city commission refers the manager's recommendation back to. the
city manager c.' -=~--ff for further review, the cone of silence shall
continue until such time as the manager makes a subsequent written
recommendation, and the particular RFP, RFQ,-RFL-h or bid is
awarded:
c: b) (ii}in the event of con[facts for less than $25,000, when the city
manager executes the contract.
(3) Exceptions. The,.._._._.._-'-'~-~"-- _.'~ '~'~"..... c.'d !.-.".-.cc cone of silence shall not apply
to:
(a) comoetitive processes for the award of CDBG. HOME. 8HIP and Surtax
Fund~ administered bv the c, itv office of community development; end
(b) communications with the city attomev and his or her staff.
(e) c~orel communications at pre-bid cxxtferences;
(la) dd~oral presentations be;ore evaluation ar~qr selection committees;.
~:'p(e}contmct discussions during any duly noticed public meeting;
(d) ffl public presentations made to theclty commissioners during any duly
noticed public meeting;
(e) ~g~ contract negotiations with city staff following the award of ah RFP,
RFQ, RFL--h or bid by the city commission;
(~ (h) communications in writing at any time wtth 'any city employee, ofltclal
or member of the city commission, unless specifically prohibited by the
applicable RFP, RFQ, RF~ or bid documents; e;
BID NO: 51-02/03 CITY OF MIAMI BEACH
DATE: 08/19/03 35
· ,=, ~ city commission meeting agenda review; meetings between the city
manager and. the mayor and individual city commissioners where such
matters are scheduled for consideration at the next C-~ommlssion meeting.
,'h) ,/I) communications reoardln; a ~ar~cular RFP. RFQ or bid between the
procurement director, or his/her admlnistratlve staff ree~onsible for
~l~lmlnisterlna the procurement process for such RFP. RFQ or bid and a
member of 1;he ~yaluation/selection committee therefor, provided the
communication ~ limited strictly to matters of Droc~s8 or DmCedum already
contained In the corres~ondina solicitation document:
(k} duly noticed sit6 visits to determine the comoetencv of bidders reaardina
a particular bid <lvdna the time oeflod between the coenina of bids and the
time the city mana;3er makes his or her written recommendation:
~' ar~y 9rpemel~cv procurement of aoods or services:
(mi communications maardina a particular RFP. RFQ. or bid betwc.---'~ any
oerson, and the procurement dlre<~r, or his/her administrative staff
resl~nslble for adminlsterina the orocumment orocees for such RFP. RFQ.
or bid. orovided the communication is limited strictly to matters of process or
oroced~'e already contained in the corresoondin~ solicitation document.
(n) The bidder,.proposer, vendor, ssrvlca provider, lobbyist, or. consultant
shall file a copy of any written communications with the city clerk. The city
clerk shall make copies ava~able to anY person upon mquesL
%'1
BID NO: 51-02/03 CITY OF MIAMI BEACH
DATE: 08/19/03 36
(4) .-?_!
V~ation~pena[hs aM p~u~6.
bldder,.pmp~er, ven~r, ae~l~
b~der, ~ pm~r, vendor, se~ p~lder, ~bbH~, or ~n~nt
pm~um8 set ~Rh in ~s~fl 5, e~ :De~t ~ Con~: ~m C~
Wo~; shall ~d~ any RFP ~, RFQ a~,
bMder, pm~r, vendor, ~ p~er, bidder, Iobb~8~ or mnsu~nt ~a~e:
a~ ~M b~der, pm~r, vendor, ~w~ ~der, Iobb~ ormnsu~ ~11 not
~ ~nsi~ ~r any ~P, RFQ, ~ or bid ~r a ~n~ ~r the p~10n of
g~s orsewW for a pe~ of one year. ~y ~n ~o ~a~ a p~n.~
this dMs~n 8~11 be pmhi~ from ~wlng on a ~ ev~ua~n an~ 8~n
~mm~ee. In add~n to any
pmvb~n of ~Is-d~n by a
disdpllnaw a~n up ~ and including dlsml~l. ~d~on~ly, any ~n
pe~n~ ~l~ge ~ a v~n of
~ a~me~s ~ or s~ a~e~s
mu~ e~l~ m~n.
] (Ord. No. gg.3164, § 1, 1-6-99; Ord. No. 2001-3295, § 1, 3-14-01)
DATE: 08/19~03 37
SECTION 2. CODIFICATION.
It IS the intention of the Mayor and City Commission of the City of Miami Beach, and it is
bereby ordained that the proviSionS of this ordinance shall become and be made partofthe
Code of ~the City of Miami Beach, Florida: The sections of this ordinance may be
renumbered or relettered to a=complish 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
SECTION 4. SEVER/t~IL,rrY.
If any section, subsection, e~tence, clause, phrase Or portion of this Ordinance is, for any
reason, held invalid or unconstitutional, such portion shall be deemed a sapamte, 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 tOmb
Is 10 days after adoption.
PASSED and ADOPTED this 3.t.t
dayof Au~st' ,2002, which
dayol
/~ ,2002.
/' V- Ma~or
C~y Clerk
Letters or numbers that are stricken through.are deletions from existing ordinance.
Letters or numbers that are underlined am additions to existing ordinance.
F:~,TTO~O LIJ~t ES-O RD'.CO N EOFSlLE NCE FNL.DOC
BID NO: 51-02/03 CITY OF MIAMI BEACH
DATE: 08/19/03 38
MURRAY IL DUBBIN
City Attom~
OFFIOE OF' THE ¢ TY ATTORNEY
I I. 0 W I 0 A
Telephone:
Tdecop~
(30S) 673-747
COMMI~ION MEMORAA'DUM
TO:
FROM:
DA'i~.c: JULY 31, 2002
MAYOR DAVID DERME~
~ OF T, ~ u',Y CO .MMISS3ON
MURRAY DUBBIN
JORGE Id. GONZALF.,Z
~11'~ MA=NAGER
A_MF,_N'DlVl]~WT ~ ~Ji'l'~$ "CONE OF SFI,ENCE" ORDE'qANCE
Agenda Rom
1700 Conv-dltion Center Di4ve -- Fourth lqoor -- Miami Bead
BID NO: 51-02/03 CITY OF MIAMI BEACH
DATE: 08/19/03 39
recommendation, but only after the committee has submittcd an award
recommendation to the Manager and, provided should a change occur in thc
committee's recommendation, the content of the communication and of the
correspondence chan~ shall be described in writing and filed by the Manager with
the City Clerk, and be includedin any recommendation memorandum submitted by
the Manager to the Commission;
Crating an exemption allowing communicatie~s regarding a pmtic~ RFP, RFQ,
or bid between the Procurement Director (or Ms/her admlntnttmtive staffresponsible
for administering the particular RFP, KFQ, or bid process) and a member of the
evaluation/selection committee therefor, provided the communication is limited
strictly to ~__tt__ ~s of proces~ or procedure already contained in the corresponding bid
Creating an exemption for duly noticed site visits'to determine the competency of
bidders regarding a pa,~c.lnr bid, during the time period between the oPening of the
bids and the time the Manager makes his/her written recommendation to thc
Commission;
~g an exemption for e~r, er~ency procurement of goods or services; and
Creating an exemption to allow for communications regarding a pnzticular RFP,
RFQ, or bid between any person and the Procurement Dizector. (or his or her
administrative staff' responsible for admires' tering the bid process), p~o~ided the
communlcation is llmited to man. ers of process or procedure already contained in the
The Miami-Dade County Commission on Ethics has 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 ~,~ployecs, 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
legisl_n~on was not only to m.i~n it stricter in places where the County's ordinance is more lenient
(which is legally pennism'bl¢), but also, assuming the County ethics legislation only applies to
municipal officers and employees, thc 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, bidd_,_,_,_,_,_,_,_,_,~fs, lobbyists, and/or consultants doing business with the City of Minmi Beach.
It is therefore reconunanded by the City Manager and City Attorney's Office's ~ the Mayor
and City Commission herein adopt, on first reading, the attached amendments to the City's Cone of
Silence Ordivnnce; said amendments mirroring the amendments already approved by the Mi.mi-
Dada County Commission (in its Cone of Silence Ordinance).
BID NO: 51-02/03 CITY OF MIAMI BEACH
DATE: 08/19/03 40
DIVISION 3. LOBBYISTS
Sec. 2-481. Definitions.
The following words, terms and phrases, when used in this division, shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different meaning:
Advisory personnel means the members of those city boards and agencies whose sole or primary
responsibility is to recommend legislation or give advice to the City commissioners.
Autonomous personnel includes but is not limited to the members of the housing authority,
personnel board, pension boards, and such other autonomous or semi-autonomous authorities,
boards and agencies as are entrusted with the day-to-day policy setting, operation and management
of certain defined functions or areas of responsibility.
Commissioners means the mayor and members of the City commission.
Departmental personnel means the City manager, all assistant City managers, all department heads,
the City attorney, chief deputy City attorney and all assistant City attorneys; however, all
departmentalpersonnel when acting in connection with administrative hearings shall not be included
for purposes of this division.
Lobbyist means all persons employed or retained, whether paid or not, by a principal who seeks to
encourage the passage, defeat or modification of any ordinance, resolution, action or decision of any
commissioner; any action, decision, recommendation of any City board or committee; or any action,
decision or recommendation of any personnel defined in any manner in this section, during the time
period of the entire decision-making process on such action, decision or recommendation that
foreseeably will be heard or reviewed by the City commission, or a City board or committee. The
term specifically includes the principal as well as any agent, attorney, officer or employee of a
principal, regardless of whether such lobbying activities fall within the normal scope of employment
of such agent, attorney, officer or employee.
Quasi-judicial personnel means the members of the planning board, the board of adjustment and
such other boards and agencies of the City that perform such quasi-judicial functions. The nuisance
abatement board, special master hearings and administrative hearings shall not be included for
purposes of this division.
(Ord. No. 92-2777, ~9 1, 2, 3-4-92; Ord. No. 92-2785, 9~ 1, 2, 6-17-92)
Cross reference(s)--Definitions generally, ~ 1-2.
Sec. 2-482. Registration.
(a)
All lobbyists shall, before engaging in any lobbying activities, register with the City clerk.
Every person required to register shall register on forms prepared by the clerk, pay a
registration fee as specified in appendix A and state under oath:
(1) His name;
BID NO: 51-02/03 CITY OF MIAMI BEACH
DATE: 08/19/03 41
(2) His business address;
(3) The name and business address of each person or entity which has employed the
registrant to lobby;
(4) The commissioner or personnel sought to be lobbied; and
(5) The specific issue on which he has been employed to lobby.
(b) Any change to any information originally filed, or any additional City commissioner or
personnel who are also sought to be lobbied shall require that the lobbyist file an amendment
to the registration forms, although no additional fee shall be required for such amendment.
The lobbyist has a continuing duty to supply information and amend the forms filed
throughout the period for which the lobbying occurs.
(c) If the lobbyist represents a corporation, partnership or trust, the chief officer, partner or
beneficiary shall also be identified. Without limiting the foregoing, the lobbyist shall also
identify all persons holding, directly or indirectly, a five percent or more ownership interest
in such corporation, partnership, or trust.
(d) Separate registration shall be required for each principal represented on each specific issue.
Such issue shall be described with as much detail as is practical, including but not limited to
a specific description where applicable of a pending request for a proposal, invitation to bid,
or public hearing number. The City clerk shall reject any registration statement not providing
a description of the specific issue on which such lobbyist has been employed to lobby.
(e) Each person who withdraws as a lobbyist for a particular client shall file an appropriate
notice of withdrawal.
(f) In addition to the registration fee required in subsection (a) of this section, registration of all
lobbyists shall be required prior to October 1 of every even-numbered year; and the fee for
biennial registration shall be as specified in appendix A.
(g) In addition to the matters addressed above, every registrant shall be required to state the
extent of any business, financial, familial or professional relationship, or other relationship
giving rise to an appearance of an impropriety, with any current City commissioner or
personnel who is sought to be lobbied as identified on the lobbyist registration form filed.
(h) The registration fees required by subsections (a) and (f) of this section shall be deposited by
the clerk into a separate account and shall be expended only to cover the costs incurred in
administering the provisions of this division. There shall be no fee required for filing a notice
of withdrawal, and the City manager shall waive the registration fee upon a finding of
financial hardship, based upon a sworn statement of the applicant. Any person who only
appears as a representative of a nonprofit corporation or entity (such as a charitable
organization, a neighborhood or homeowner association, a local chamber of commerce or a
trade association or trade union), without special compensation or reimbursement for the
appearance, whether direct, indirect or contingent, to express support of or opposition to any
item, shall not be required to register with the clerk as required by this section. Copies of
registration forms shall be furnished to each commissioner or other personnel named on the
forms.
(Ord. No. 92-2777, ~ 3, 3-4-92; Ord. No. 92-2785, s 3, 6-17-92)
BID NO: 51-02/03 CITY OF MIAMI BEACH
DATE: 08/19/03 42
Sec. 2-483. Exceptions to registration.
(a) Any public officer, employee or appointee or any person or entity in contractual privity with
the City who only appears in his official capacity shall not be required to register as a
lobbyist.
(b) Any person who only appears in his individual capacity at a public hearing before the city
commission, planning board, board of adjustment, or other board or committee and has no
other communication with the personnel defined in section 2-481, for the purpose of
self-representation without compensation or reimbursement, whether direct, indirect or
contingent, to express support of or opposition to any item, shall not be required to register
as a lobbyist, including but not limited to those who are members of homeowner or
neighborhood associations. All speakers shall, however, sign up on forms available at the
public hearing. Additionally, any person requested to appear before any city personnel,
board or commission, or any person compelled to answer for or appealing a code violation, a
nuisance abatement board hearing, a special master hearing or an administrative hearing
shall not be required to register, nor shall any agent, attorney, officer or employee of such
person.
(Ord. No. 92-2777, 99 4, 5, 3-4-92; Ord. No. 92-2785, 99 4, 5, 6-17-92)
Sec. 2-484. Sign-in logs.
In addition to the registration requirements addressed above, all city departments, including the
offices of the mayor and city commission, the offices of the city manager, and the offices of the city
attorney, shall maintain signed sign-in logs for all noncity employees or personnel for registration
when they meet with any personnel as defined in section 2-481.
(Ord. No. 92-2785, 9 6, 6-17-92)
Sec. 2-485. List of expenditures.
(a) On October 1 of each year, lobbyists shall submit to the city clerk a signed statement under
oath listing all lobbying expenditures in the city for the preceding calendar year. A statement
shall be filed even if there have been no expenditures during the reporting period.
(b) The city clerk shall publish logs on a quarterly and annual basis reflecting the lobbyist
registrations filed. All logs required by this section shall be prepared in a manner
substantially similar to the logs prepared for the state legislature pursuant to F.S. 9 11.0045.
(c) All members of the city commission and all city personnel shall be diligent to ascertain
whether persons required to register pursuant to this section have complied with the
requirements of this division. Commissioners or city personnel may not knowingly permit
themselves to be lobbied by a person who is not registered pursuant to this section to lobby
the commissioner or the relevant committee, board or city personnel.
(d) The city attorney shall investigate any persons engaged in lobbying activities who are
reported to be in violation of this division. The city attorney shall report the results of the
investigation to the city commission. Any alleged violator shall also receive the results of
any investigation and shall have the opportunity to rebut the findings, if necessary, and
submit any written material in defense to the city commission. The city commission may
reprimand, censure, suspend or prohibit such person from lobbying before the commission or
any committee, board or personnel of the city.
(Ord. No. 92-2777, 9 6, 3-4-92; Ord. No. 92-2785, 9 7, 6-17-92)
BID NO: 51-02/03 CITY OF MIAMI BEACH
DATE: 08/19/03 43
RESOLUTION NO. 2000-23879
A RESOLUTION OF TItE MAYOR AND CITY COMMISSION OF Tlt~
CITY OF MIAMI BEACH REQUIRING THAT CONTRACTORS ADOPT
A CODE OF BUSINESS ETHICS PRIOR TO ENTERING INTO A
CONTRACT WITH THE CITY OF MIAMI BEACH
WHEREAS, the Greater Miami Chamber of Commerce ("GMCC") adopted a
Model Code of Business Ethics (the "Model Code"); and
WHEREAS, thc City of Miami Beach is a member of the GMCC; and
WHEREAS, the Model Code, attached hereto as Exhibit A, is a statement of
principles to help guide decisions and actions based on respect for the importance of
ethical business standards in the community; and
WHEREAS, the GMCC encourages its members to adopt the principles and
practices outlined in the Model Code; and
WHEREAS, thc Commission believes that each entity which docs business with
the City of Miami Beach should be required, as a condition of doing business with the
County to adopt a Code of Business Ethics.
NOW, THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA:
Section 1. Each person or entity that seeks to do business with the City shall
adopt a Code of Business Ethics ("Code'~) and submit that Code to the City Manager or
his or her designee prior to execution of any contract between the contractor and the City.
The Code of Business shall, at a minimum, require the contractor to comply with all
applicable governmental rules and regulations including, among others, the conflict of
interest, lobbying and ethics provisions 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 resolmion shall become effective immediately upon its
BID NO: 51-02/03 CITY OF MIAMI BEACH
DATE: 08/19/03 44
PASSED and ADOPTED this
ATI'EST:
CITY CLERK
12th
day of April 2000
·' MAYOR
BID NO: 51-02/03 CITY OF MIAMI BEACH
DATE: 08/19/03 45
GREA'fER MIAMI CHAMBER OF COMMERCE
MODEL CODE OF BUSINESS ETHICS
STATEI~IENT OF PURPOSE
The Greater Miami Chamber of CommerCe ("GMCC') seeks to create and sustain an ethical business
climate for its members and the community by adopting a Code of Business Ethics. The GMCC
encourages its members to inco;porate 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 ail 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.
Th~s Model Code is e steJemenl ofp~fnciples to help quide decision.? end actions based on ;aspect lot the
importance o! ethical business standards in the community. "The GMCC believes me e, doption of a meaningful code
of eifiics is the responsibility of eve~ business and profassion~ o rcjeniralion.
Compliance with Government Rules & Reclulations
We will properly maintain all records and post ali 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 rsgulatJons and in the open;
We will raped contract irregularities and other improper or unlawful business
practices to the Ethics Commission, the Office of inspector General or
appropriate law enforcement authorities.
Recruitment, Selection & Compensation ~f Vendors and Suppliers
We will avoid conflicts of interest and disclose such conf'~cta when identified;
Gilts which compromise the integrity o~ a business transaction are unacceptabk~;
we will not kick back any portion of a contract payment lo employees of the other
contracting party or accept such a kickback.
Business AccountJnq
All our financial transactions will be properly and fairly recorded in appropriate
books of account, and there w~tl be no "off the books~ transactions or secret
accounts.
Promotion and Sales of Products and Services
Our products will comply with ail applicable safety and quality standards;
We will promote and advertise our business and its products or services in a
manner which is not misleading and does not falsely disparage our competitors;
Doinq Business with the Government
BID NO: 51-02/03 CITY OF MIAMI BEACH
DATE: 08/19/03 46
· We will conduct business with government agencies and employees in a manner
which avoids even the appearance of impropriety~ Effor[s to cur~ pciitical
favoritism are unacceptable;
Our bids will be competitive, appropriate to the bid documents and arrived at
independently;
Any challenges to contracts awarded wtl~ have a substantive basis a~'ad not be
pursued merely because we. are the unsuccessful bidder;
· We will. to the best of our ability, p~rform government contracts awarded at the
price and under the terms provided I'or 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 ali
contracting end 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.
publi<~,L,,,~e .;nd Poi t ca Campaigns
We encourage all employees to participate in community life, public service and
the political process;
We encourage all employees to recruit, support and elect ethical and qualified
public officials and engage them in dialogue and debate about business and
community issues;
· Our contributions to political pa~es, 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 campaigna 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: $1-02/03 CITY OF MIAMI BEACH
DATE: 08/19/03 47
ORDINANCE NO 2000-3234
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 2, ARTICLE
VI, ENTITLED "PROCUREMENT", BY CREATING DIVISION 5,
ENTITLED "DEBARMENT", SECTIONS 2-397 THROUGH 2-406 OF THE
CODE OF THE CITY OF MIAMI BEACH, FLORIDA, PROVIDING FOR
DEBARMENT OF CONTRACTORS FROM CITY WORK; PROVIDING
FOR SEVERABILITY; CODIFICATION; REPEALER; AND AN
EFFECTIVE DATE.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA:
.SECTION 1. Miami Beach City Code, Chapter 2, entitled "Administration", Article VI, entitled
"Procurement", is hereby amended by adding the following Division 5, entitled - "Debarment of
Contractors from City Work" reading as follows:
Division 5. Debarment of contractors from City work.
Section 2-397. Purpose of debarment.
(a)
The City shall solicit offers from, award contracts to, and consent to subcontractors with
responsible contractors only: To effectuate this police, the debarment of contractors from
City work may be undertaken.
(b)
The serious nature of debarment requires that this sanction be imposed only when it is in the
public interest for the City's protection, and not for purposes of punishment. Debarment shall
be imposed in accordance with the procedures contained in this ordinance.
Section 2-398.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: 51-02/03 CITY OF MIAMI BEACH
DATE: 08/19/03 48
(b) Civil judgment means a judgment or finding of a civil offense by any court of competent
jurisdiction.
(c) Contractor means any individual or other legal entity that:
(1) Directly or indirectly (e.g. through an affiliate), submits offers for is awarded,, or
reasonably may be expected to submit offers or be awarded a City contract,
including, but not limited to vendors, suppliers, providers, Bidders, Proposers,
consultants, and/or design professionals, or
(2) Conducts business or reasonable man be expected to conduct business, with the City
as an agent,, representative or subcontractor of another contractor.
(d)
Conviction means a judgement or conviction of a criminal offense, be it a felony or
misdemeanor, by any court of competent jurisdiction, whether entered upon a verdict or a
plea. and includes a conviction entered upon a plea of nolo contendere.
(e)
Debarment means action taken by the Debarment Committee to exclude a contractor (and. in
limited instances specified in this ordinance, a Bidder or Proposer from City contracting and
City approved subcontracting for a reasonable, specified period as provided in subsection (j)
below: a contractor so excluded is debarred.
Debarment Committee means a group of seven (7) individual members, each appointed by
the Mayor and individual City Commissioners, to evaluate and. if warranted, to impose
debarment,
(g)
Preponderance Greater weight of the evidence means proof by information that, compared
with that opposing it, leads to the conclusion that the fact at issue is more probably tree than
not.
(h)
Indictment means indictment for a criminal offense. An information or other filing by
competent authority charging a criminal offense shall be given the same effect as an
indictment.
(I)
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.
0)
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: 51-02/03 CITY OF MIAMI BEACH
DATE: 08/19/03 49
(2) Periodically revise and distribute the List and issue supplements, if necessary, to all
departments, to the Office of the City Manager and to the Mayor and City
Commissioners: and
(3) Included in the List shall be the name and telephone number of the City official
responsible for its maintenance and distribution.
(b) The List shall indicate:
(1) The names and addresses of all contractors debarred, in alphabetical order;
(2) The name of the department that recommends initiation of the debarment action;
(3) The cause for the debarment action, as is further described herein, or other statutory
or regulatory authority;
(4) The effect of the debarment action;
(5) The termination date for each listing;
(6) The contractor's certificate of competence or license number, when applicable;
(7) The person through whom the contractor is qualified, when applicable;
(8) The name and telephone number of the point of contact in the department
recommending the debarment action.
(c) The City's Procurement Office shall:
(1) In accordance with intemal retention procedures maintain records relating to each
debarment;
(2) Establish procedures to provide for the effective use of the List, including internal
distribution thereof to ensure that departments do not solicit offers from, award
contracts to, or consent to subcontracts with contractors on the List; and
(3) Respond to inquiries concerning listed, contractors and coordinate such responses
with the department that recommended the action,
Section 2-400.Effect of debarment.
(a)
Debarred contractors are excluded from receiving contracts, and departments shall not solicit
offers from award contracts to, or consent to subcontracts with these contractors unless the
City Manager determines that an emergency exists justifying such action, and obtains
approval from the Mayor and City Commission, which approval shall be given by 5/7ths
vote of the City Commission at a regularly scheduled City Commission meeting. Debarred
contractors are also excluded from conducting business with the City as agents,
representatives, subcontractors or partners of other contractors.
(b) Debarred contractors are excluded from acting as individual sureties.
BID NO: 51-02/03 CITY OF MIAMI BEACH
DATE: 08/19/03 50
Section 2-401.Continuation of current contracts.
Commencing on the effective date of this ordinance, all proposed City contracts, as well as
Request for Proposals (RFP). Request for Qualifications (RFO). Requests for Letters of
Interest (RFLI). or bids issued be the City. shall incorporate this ordinance and specify that
debarment may constitute grounds for termination of the contract as well as disqualification
from consideration on any RFP, RFO. RFLI. or bid.
(b)
The debarment shall take effect in accordance with the notice provided by the City Manager
pursuant to subsection 2-405(h) below, except that if a City department has contracts or
subcontracts in existence at the time the contractor was debarred, the debarment period may
commence upon the conclusion of the contract, subject to approval of same be 5/7ths vote of
the Mayor and City Commission at a regularly scheduled meeting.
(c)
City departments may not renew or otherwise extend the duration of current contract or
consent to subcontracts with debarred contractors, unless the City Manager determines that
an emergency exists justifying the renewal or extension or for an approved extension due to
delay or time extension for reasons beyond the contractor's control and such action is
approved by 5/7ths vote of the Mayor and City Commission at a regularly scheduled
meeting.
(d)
No further work shall be awarded to a debarred contractor in connection with a continuing
contract where the work is divided into separate discrete groups and the City's refusal or
denial of further work under the contract will not result in a breach of such contract.
Section 2-402.Restrictions on subcontracting.
(a)
When a debarred contractor is proposed as a subcontractor for any subcontract subject to
City approval, the department shall not consent to subcontracts with such contractors unless
the City Manager determines that an emergency exists justifying such consent and the Mayor
and City Commission approves such decision by 5/7ths vote at a regularly scheduled
meeting.
(b)
The City shall not be responsible for any increases in project costs or other expenses
incurred by a contractor as a result of rejection of proposed subcontractors pursuant to
subsection 2-402(a) above, provided the subcontractor was debarred prior to bid opening or
opening of proposals, where the contract was awarded be the City pursuant to an RFP, RFO,
RFLI, or bid.
Section 2-403.Debarment.
(a)
The Debarment Committee may, in the public interest debar a contractor for any of the
causes listed in this ordinance using the procedures outlined below. The existence of a cause
for debarment however, does not necessarily require that the contractor be debarred; the
seriousness of the contractor's acts or omissions and any mitigating factors should be
considered in making any debarment decision.
BID NO: 51-02/03 CITY OF MIAMI BEACH
DATE: 08/19/03 51
Co)
Debarment constitutes debarment of all officers, directors, shareholders owning or
controlling twenty-five (25) percent of the stock, partners, divisions or other organizational
elements of the debarred contractor, unless the debarred decision is limited by its terms to
specific divisions, organizational elements or commodities. The Debarment Committee's
decision includes any existing affiliates of the contractor if they are (I) specifically named
and (ii) given written notice of the proposed debarment and an opportunity to respond.
Future affiliates of the contractor are subject to the Debarment Committee's decision.
(c) A contractor's debarment shall be effective throughout City Government.
Section 2-404. Causes for debarment.
(a) The Debarment Committee shall debar a contractor for a conviction or civil judgment,
(1) For commission of a fraud or a criminal offense in connection with obtaining
attempting to obtain, performing, or making a claim upon a public contract or
subcontract or a contract or subcontract funded in whole or in part with public funds;
(2) For violation of federal or State antitrust statutes relating to the submission of offers;
(3) For commission of embezzlement, theft, forgery, bribery, falsification or destruction
of records, making false statements, or receiving stolen property;
(4) Which makes the City the prevailing party in a legal proceeding and a court
determines that the lawsuit between the contractor and the City was frivolous or filed
in bad faith.
Co)
The Committee may debar a contractor, (and, limited instances set forth hereinbelow a
Bidder or Proposer) based upon a preponderance the greater weight of the evidence, for;
(1) Violation of the terms of a City contract or subcontract or a contract or subcontract
funded in whole or in part by City funds such as failure to perform in accordance
with the terms of one (1) or more contracts as certified by the City department
administering the contract; or the failure to perform or unsatisfactorily perform in
accordance with the terms of one (1) or more contracts, as certified by an
independent registered architect engineer or general contractor;
(2) Violation of a City ordinance or administrative order which lists debarment as a
potential penalty;
(3) Any other cause which affects the responsibility ora 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: $1-02/03 CITY OF MIAMI BEACH
DATE: 08/19/03 52
(b)
(c)
(d)
(e)
(13
Upon completion of the aforestated written report, the City Manager shall forward said
report to the Debarment Committee. The City's Procurement Office shall act as staffto the
Debarment Committee and, with the assistance of the City department person or persons
which prepared the report present evidence and argument to the Debarment Committee
Notice of proposal to debar. Within ten working days of the Debarment Committee having
received the request for debarment and written report, the City's Procurement Office, on
behalf of the Debarment Committee shall issue a notice of proposed debarment advising the
contractor and any specifically named affiliates, by certified mail. return receipt requested, or
personal service containing the following information:
(1) That debarment is being considered:
(2) The reasons and causes for the proposed debarment in terms sufficient to put the
contractor and any named affiliates on notice of the conduct or transaction(s) upon
which it is based;
(3) That a hearing shall be conducted before the Debarment Committee on a date and
time not less than thirty (30) days after service of the notice. The notice shall also
advise the contractor that it may be represented by an attorney, may present
documentary evidence and verbal testimony, and may cross-examine evidence and
testimony presented against it.
(4) The notice shall also describe the effect of the issuance of the notice of proposed
debarment, and of the potential effect of an actual debarment.
No later than seven (7) working days, prior to the scheduled hearing date, the contractor
must furnish the City's Procurement Office a list of the defenses the contractor intends to
present at the hearing. If the contractor fails to submit the list, in writing, at least seven (7)
working days prior to the hearing or fails to seek an extension of time within which to do so,
the contractor shall have waived the opportunity to be heard at the hearing. The Debarment
Committee has the right to grant or deny an extension of time, and for good cause, may set
aside the waiver to be heard at the hearing, and its decision may only be reviewed upon an
abuse of discretion standard.
Hearsay evidence shall be admissible at the hearing but shall not form the sole basis for
initiating a debarment procedure nor the sole basis of any determination of debarment. The
hearing shall be transcribed, taped or otherwise recorded by use of a court reporter, at the
election Committee and at the expense of the City. Copies of the hearing tape or transcript
shall be furnished at the expense and request of the requesting party.
Debarment Committee's decision. In actions based upon a conviction or judgment, or in
which there is no genuine dispute over material facts, the Debarment Committee shall make
a decision on the basis of all the undisputed material information in the administrative
record, including any undisputed, material submissions made by the contractor. Where
actions are based on disputed evidence, the Debarment Committee shall decide what weight
to attach to evidence of record, judge the credibility of witnesses, and base its decision on the
prepondenance greater weight of the evidence standard. The Debarment Committee shall be
the sole trier of fact. The Committee's decision shall be made within ten (10) working days
after conclusion of the hearing, unless the Debarment Committee extends this period for
good cause.
BID NO: 51-02/03 CITY OF MIAMI BEACH
DATE: 08/19/03 53
(g)
The Committee's decision shall be in writing and shall include the Committee's factual
findings, the principal causes of debarment as enumerated in this ordinance, identification of
the contractor and all named affiliate: affected by the decision, and the specific term,
including duration, of the debarment imposed.
(h) Notice of Debarment Committee's decision.
(1) If the Debarment Committee decides to impose debarment, the City Manager shall
give the contractor and any named affiliates involved written notice by certified mail,
return receipt requested, or hand delivery, within ten (10) working days of the
decision, specifying the reasons for debarment and including a copy of the
Committee's written decision; stating the period of debarment, including effective
dates; and advising that the debarment is effective throughout the City departments.
(2) If debarment is not imposed,the City Manager shall notify the contractor and any
named affiliates involved ,by certified mail. return receipt requested, or personal
service, within ten (10) working days of the decision.
(i)
All decisions of the Debarment Committee shall be final and shall be effective on the date
the notice is signed by the City Manager. Decisions of the Debarment Committee are subject
to review by the Appellate Division of the Circuit Court. A debarred contractor may seek a
stay of the debarment decision in accordance with the Florida Rules of Appellate Procedure.
Section 2-406. Period of debarment.
(a)
The period of debarment imposed shall be within the sole discretion of the Debarment
Committee. Debarment shall be for a period commensurate with the seriousness of the
cause(s), and where applicable, within the guidelines set forth below, but in no event shall
exceed five (5) years.
Co)
The following guidelines in the period of debarment shall apply except where mitigating or
aggravating circumstances justify deviation:
(c)
(1) For commission of an offense as described in subsection 2404(a)(1): five (5) years.
(2) For commission of an offense as described in subsection 2404(a)(2): five (5) years.
(3) For commission of an offense as described in subsection 2404(a)(3): five (5) years.
(4) For commission of an offense as described in subsection 2404(a)(54): two (2) to five
(5) years.
(5) For commission of an offense as described in subsections 2404(b)(1) or (2): two (2)
to five (5) years.
The Debarment Committee may, in its sole discretion, reduce the period of debarment, upon
the contractor's written request for reasons such as:
(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: 51-02/03 CITY OF MIAMI BEACH
DATE: 08/19/03 $4
(d)
The debarment debarred contractor's written request shall contain the reasons for requesting
a reduction in the debarment period, The City's Procurement Office, with the assistance of
the affected department shall have thirty (30) days from receipt of such request to submit
written response thereto. The decision of the Debarment Committee regarding a request
made under this subsection is final and non-appealable.
SECTION 2. SEVERABILITY.
If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder shall
not be affected by such invalidity.
SECTION 3. CODIFICATION.
It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is hereby
ordained that the provisions of this ordinance shall become and be made a part of the Code of the
City of Miami Beach, Florida. The sections of this ordinance may be renumbered relettered to
accomplish such intention, and the word "ordinance" may be changed to "section", "article," or other
appropriate word.
SECTION 4. REPEALER.
All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed.
SECTION 5. EFFECTIVE DATE.
This Ordinance shall take effect on the 3rd day of March,2000.
PASSED and ADOPTED this 23rd day of February, 2000.
BID NO: 51-02/03 CITY OF MIAMI BEACH
DATE: 08/19/03 55
ORDINANCE NO. 2002-3344
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, ESTABLISHING PROCEDURES FOR
RESOLVING BIDS (BIDS), REQUEST FOR PROPOSALS (RFP'S), REQUEST
FOR QUALIFICATIONS (RFQ'S), REQUEST FOR LETTERS OF INTEREST
(RFLI'S), AND PURCHASE ORDERS BASED ON WRITTEN OR ORAL
QUOTATIONS, BY AMENDING CHAPTER 2 OF THE CODE OF THE CITY
OF MIAMI BEACH ENTITLED "ADMINISTRATION"; BY AMENDING
ARTICLE VI THEREOF ENTITLED "PROCUREMENT'; BY CREATING
SECTION 2-371 ENTITLED "AUTHORITY TO RESOLVE PROTESTED
BIDS AND PROPOSED AWARDS"; PROVIDING FOR SEVERABILITY;
PROVIDING FOR CODIFICATION; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, from time to time the City procures goods and services through Invitation
for Bids, Requests for Proposals, Requests for Qualifications, Requests for Letters of
Interest, and purchase orders based on written or oral quotations, in accordance with the
public bidding procedures set forth in Florida law and the Code of the City of Miami Beach
(the "City Code"); and
WHEREAS, such process may lead to protested bids and proposed awards; and
WHEREAS, it is the intent of the Mayor and City Commission that procedural and
technical issues related to Invitations for Bids, Requests for Proposals, Requests for
Qualifications, Requests for Letters of Interest, and purchase orders based on written or
oral quotations, be decided by the City Manager and the City Attorney, and that their
determinations with respect to said procedural and technical issues shall be deemed final;
and
WHEREAS, it is in the best interests of the City and all respondents to Invitations for
Bids, Requests for Proposals, Requests for Qualifications, Requests for Letters of Interest,
and purchase orders based on written or oral quotations, to have a clear and unequivocal
procedure for resolving such protests in a timely and expeditious manner.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, as follows:
Section 1. There is hereby added to Article VI of Chapter 2 of the City Code a new
Section 2-371, which shall read as follows:
Section 2-371. Authority to Resolve Protested Bids and Proposed Awards.
(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: $1-02/03 CITY OF MIAMI BEACH
DATE: 08/19/03 56
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 of this
section. Failure to timely protest bid specifications, requirements and/or
terms is a waiver of the ability to protest the specifications, requirements
and/or terms.
(2)
Any protest after the bid opening, including challenges to actions of any
evaluation or selection committee as provided in subsection (a) above,
shall be submitted in writing to the City Manager, or his or her designee.
The City will allow such bid protest to be submitted anytime until two
(2) business days following the release of the City Manager's written
recommendation to the City Commission, as same is set forth and
released in the City Commission agenda packet, for award of the bid in
question. Such protest shall state the particular grounds on which it is
based and shall include all pertinent grounds on which it is based, and
shall include all pertinent documents and evidence. No bid protest shall
be accepted unless it complies with the requirements of this section. All
actual bidders shall be notified in writing (which may be transmitted by
electronic communication, such as facsimile transmission and/or e-mail),
following the release of the City Manager's written recommendation to
the City Commission.
Co)Any bidder who is aggrieved in connection with the solicitation or proposed award of a
purchase order based on an oral or written quotation may protest to the City
Manager or his or her designee anytime during the procurement process, up to
the time of the award of the purchase order, but not after such time. Such protest
shall be made in writing and state the particular grounds on which it is based and
shall include all pertinent documents and evidence. No bid protest shall be
accepted unless it complies with the requirements of this section.
(c)
The City may request reasonable reimbursement for expenses incurred in
processing any protest hereunder, which expenses shall include, but not be
limited to, staff time, legal fees and expenses (including expert witness fees),
reproduction of documents and other out-of-pocket expenses.
BID NO: $1-02/03 CITY OF MIAMI BEACH
DATE: 08/19/03 57
(d)Authority to Resolve Protests. The City Manager or his or her designee shall have the
authority to settle and resolve a protest concerning thc solicitation or award ora
bid.
(e)
Responsiveness. Prior to any decision being rendered under this Ordinance with
respect to a bid protest, the City Manager and the City Attorney, or their
respective designees, shall certify whether thc 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
i f i CiD *~ CiD'
ssue o respons veness. -r~.~...~ ~.~.......~..w.A~*~;-"*;^" v.^r*h~...~ ' Manager and ....
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 protcstor 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 thc City and attorney's fees incurred by the City
in defense of such wrongful action.
(g)
Distribution. A copy of each decision by the City Manager and the City
Attorney shall be mailed or otherwise furnished immediately to the protestor.
(h)
Stay of Procurements During Protests. In the event of a timely protest under
this section, the City shall not proceed further with the solicitation or with the
award pursuant to such bid unless a written determination is made by the City
Manager, that the award pursuant to such bid must be made without delay in
order to protect a substantial interest of the City.
(i)
The institution and filing of a protest under this Code is an administrative
remedy that shall be employed prior to the institution and filing of any civil
action against the City conceming the subject matter of the protest.
(J)
Protests not timely made under this section shall be barred. Any basis or
ground for a protest not set forth in the letter of protest required under this
section shall be deemed waived.
(k)At the
time the City Manager's written recommendation for award of a bid is presented
at a meeting of the Mayor and City Commission, the City Attorney, or his or her
designee, shall present a report to inform the Mayor and City Commission of
any legal issues relative to any bid protest filed in connection with the bid in
question.
(1) The determination of the City Manager and the City Attorney with regard to all
BID NO: 51-02/03 CITY OF MIAMI BEACH
DATE: 08/19/03 58
procedural and technical matters shall be I~mal.
Section 2. All ordinances, resolutions or parts thereof in conflict herewith be and the
same are hereby repealed.
Section 3. If any section, sentence, clause or phrase of this Ordinance is held to be
invalid or unconstitutional by any court of competent jurisdiction, then said holding shall
in no way affect the validity of the remaining portions of this Ordinance. It is the intention
of the Mayor and City Commission of the City of Miami Beach, and it is hereby ordained
that the provisions of this Ordinance shall become and be made part of the Code of the City
of Miami Beach, Florida, The sections of this Ordinance may be renumbered or relettered
to accomplish such intention, and the word "ordinance" may be changed to "section,"
"article," or other appropriate word.
Section 4. This Ordinance shall take effect ten (10) days alter its adoption on the 19th
day of January, 2002.
PASSED on First Reading this 19th day of December ,2001.
PASSED and ADOPTED on Second Reading this 9th day of January. 2002.
BID NO: 51-02/03 CITY OF MIAMI BEACH
DATE: 08/19/03 59
ORDINANCE NO. 2003-3389
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AMENDING MIAMI BEACH CITY CODE
CHAPTER 2, ARTICLE VII BY CREATING DIVISION 5 THEREOF ENTITLED
"CAMPAIGN FINANCE REFORM", AND FURTHER AMENDING CITY CODE
SECTION 38-6 ENTITLED "PROHIBITED CAMPAIGN CONTRIBUTIONS BY
VENDORS" AND CITY CODE CHAPTER 2 BY TRANSFERRING SAID
SECTION FROM CHAPTER 38 OF THE CODE TO CITY CODE CHAPTER 2,
ARTICLE VII, DIVISION 5, RENUMBERING CODE SECTION 38-6 TO CODE
SECTION 2-487; AMENDING SAME BY MANDATING THAT THE CITY
PUBLISH NOTICE REQUIREMENTS OF THIS ORDINANCE, ESTABLISHING
RESPONSIBILITY OF CANDIDATES FOR ELECTED OFFICE TO DETERMINE
STATUS OF POTENTIAL DONOR AS VENDOR, CLARIFYING AND CREATING
DEFINITIONS, CREATING ADDITIONAL WAIVER PROVISION WHEN
TERMINATION OF EXISTING CONTRACT WOULD BE ECONOMICALLY
ADVERSE TO CITY'S BEST INTERESTS; PROVIDING FOR REPEALER,
SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. That Miami Beach City Code Chapter 2, Article VII, is hereby amended by the
creation of Division 5 thereof entitled "Campaign Finance Reform" and is further amended by
transferring Section 38-6 entitled "Prohibited Campaign contributions by Vendors" from City Code
Chapter 38 to City Code Chapter 2, Article VII, Division 5 and renumbering said Section 38-6 to
Section 2-487, to read as follows:
DIVISION 5. CAMPAIGN FINANCE REFORM
Sec. ?-. ~ 2-487. Prohibited Campaign Contributions by Vendors
(a)A. General.
(1)
......... ~^ ~ a vendor to-lhe-o~ shall give a campaign contribution
(a) No v .............
directlyror ~.:rc~u~: .................. r .......................... .~, ~ ...... ~-- ~ r ........
~ ...... : ...... ~ .... g~ ~y ~*~ ~ ..... , indirectly to a candidate, or to the
campaign co~i~ee of a candidate, for ~e offices of mayor or co~issioner.
Co~encing on the effective ~te of this ordinance, all proposed ciW con~acts~ as
well as requests for proposals (~P), requests for qualifications (~Q), requests for
le~ers of~terest (~LI)~ or bids issued by the CiW, shall inco~orate this Ordin~ce
so as to noti~ potential vendors of the proscription embodied herein.
(b) No candidate, or campaign committee of a candidate for the offices of mayor
or commissioner, shall se!'~c!t er rece:.ve deposit into such candidate's campaign
BID NO: SI-02/03 CITY OF MIAMI BEACH
DATE: 08/19/03 60
(2)
(3)
account any campaign contribution directly or indirectly from a per:an -:.'he is a
vendor to the ei~', or thrzugh .... ~.~. ^c+u ....... ,. ;_~a:~,~ c.~ .... +u ..... u
financial interest in bus/ness entities. Candidates (or those acting on ~eir behal0
shall ensue compliance with ~is code section by confiming wi~ ~e Proc~ement
Division's CiW records (including CiW of Miami Beach website) to vefi~ the vendor
sta~s of any potential donor.
A fine of up to $500.00 shall be imposed on evew person who violates this
~:~:':~ section. Each act of ~;~:*~*:~ giving or
v .......................... reczlvfng d~ositing a
contribution in violation of ~is ........ h section shall consti~te a sep~ate
violation. All con~butions ~ deposited by a candidate in violation of this
paragra~k section shall be forfeited to the ciW's general revenue ~nd.
A person or entity who directly or
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 tr~asa~4ag-~a~ serving as a
vendor with the ' : .... u;u:,~
(4) As used in this section:
(a)
_1. A "vendor" is a person and/or entity who tr~sact: business "';*~...~.
e~ has been ~-~"~ u., +u~ ~;~ ..... 1.~;~ +~ ~ ..... + k.,~; .......
c , ................. ~ j ....... ~ ....vv ................. seecte e
CiW as ~e success~l bidder on a present or pending bid for goods,
equipment or se~ices, or has been approved by the Ci~ on a present or
pending award for goods, equipment or se~ices, prior to or upon execution
of a contract, purchase order or standing order.
2_. "Vendor" shall include natural persons and/or entities who hold a
controlling financial interest in a vendor entity. The term "controlling
financial interest" shall mean the ownership, directly or indirectly, of 10% or
more of the outstanding capital stock in any corporation or a direct or indirect
interest of 10% or more in a finn. The term "firm" shall mean a corporation,
(b)
partnership, business trust or any legal entity other than a natural person.
3. For purposes of this ordinance, "vendor" status shall terminate upon
completion of the agreement for the provision of goods, equipment or
services.
For purposes of this section, the term "services" shall mean the rendering by
a vendor through competitive bidding or otherwise, of labor, professional
and/or consulting services to the City of Miami Beach.
BID NO: 51-02/03 CITY OF MIAMI BEACH
DATE: 08/19/03 61
a.~ A "contfibuticn"
kind having an a~zfb-atab!e mcncta~%' value.
A tran:.-r ............... ~ t, ..................... , .........
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).
05-) 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'~
(2)_(!3
The property goods, equipment or services to be involved in the proposed transaction
are unique and the city cannot avail itself of such proper:fy goods, equipment or
services without entering into a transaction which would violate this section but for
waiver of its requirements; or
The business entity involved in the proposed transaction is the sole source of supply
with;m *&e ci~~ as determined by the City's Procurement Director in accordance with
procedures established in section 2-367(c) of the Miami Beach City Code; or(-4)(3)
An emergency contract (as authorized by the City Manager pursuant to
section 2-396 of the Miami Beach City Code) must be made in order to protect the
health, safety or welfare of the citizens of the city, as determined by a five-sevenths
vote of the city commissiom; or
A contract for the provision of goods, equipment or services exists which, if
terminated by the City, would be adverse to the best economic interests of the City.
BID NO: 51-02/03 CITY OF MIAMI BEACH
DATE: 08/19/03 62
Any grant of waiver by the city commission must be supported with a full disclosure of the subject
campaign contribution.
Applicability. This section shall be applicable only to prospective transactions, and the city
commission may in no case ratify a transaction entered into in violation of this section.
SECTION 2. REPEALER
All ordinances or parts of ordinances in conflict herewith be and the same are hereby
repealed.
SECTION 3. SEVERABILITY
If any section, sentence, clause or phrase of this ordinance is held to be invalid or
unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the
validity of the remaining portions of this ordinance.
SECTION 4. CODIFICATION.
It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is
hereby ordained that the provisions of this ordinance shall become and be made a part of the Code of
the City of Miami Beach, Florida. The sections of this ordinance may be renumbered or relettered to
accomplish such intention, and the word "ordinance" may be changed to "section", "article," or other
SECTION S, ~:FFECTIVE DA'I~
(Passed on 1st Reading on D~ber 11, 2002)
JKOXkw
BID NO: 51-02/03 CITY OF MIAMI BEACH
ORDINANCE NO. 2002-3363
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING MIAMI BEACH CITY
CODE CHAPTER 2, DIVISION 3, SECTION 2-485 THEREFORE
ENTITLED "LIST OF EXPENDITURES; FEE DISCLOSURE;
REPORTING REQUIREMENTS", BY REQUIRING DISCLOSURE OF
LOBBYIST' FEES; PROVIDING FOR REPEALER, SEVERABILITY,
CODIFICATION, AND EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA:
CITY
SECTION 1. That Miami Beach City Code Chapter 2 entitled "Administration", Division 3
entitled "Lobbyist", Section 2-485 thereof is hereby amended to read as follows:
Sec. 2-485. List of expenditures; fee disclosure; reporting requirements.
On October 1 of each year, lobbyist subject to lobbyist registration
requirements shall submit to the city clerk a signed statement under
oath as provided herein listing all lobbying expenditures in the city for
the preceding calendar year. A statement shall be filed even if there
have been no expenditures during the reporting period. The
statement shall list in detail each expenditure by category, including
food and beverage, entertainment, research, communication, media
advertising, publications, travel, lodging and special events.
b. Each lobbyist ~ shall, before en~lacling in any lobbying
activities, submit to the City Clerk a ~ signed statement under oath disclosing the terms
and amounts of compensation (to be} paid by each principal to the lobbyist w th regard to
the specific issue on which the lobbyist has been enga,qed to Iobb~
· If no compensation has or will be paid concerning the
subiect lobby services, a statement shall nonetheless be filed ref ecting as such.
BID NO: $1-02/03 CITY OF MIAMI BEACH
DATE: 08/19/03 64
Any change to information originally filed shall require that the lobbyist (~
principal under subsection (b) above) file, ~~---~_~ '
The lobbyist (~ principal) ~ a
continuing duty to supply accurate information and amend said reports when so
needed.
(b) (d) The city clerk shall notify any lobbyist (or principal) who fails to timely file an
the expenditure or fee disclosure reports referenced in sections (a) and (b) above. In
addition to any other penalties which may be imposed as provided is section 2-485.1, a fine
of $50.00 per day shall be assessed for reports filed after the due date.
(c) (e) The city clerk shall notify the Miami-Dade County Commission on Ethics and
Public Trust of the failure of a lobbyist (or principal) to file a either of the reports referenced
above and or pay the assessed fines after notification.
(d) (f) A lobbyist (or principal) may appeal a fine and may request a hearing before
the Miami-Dade Commission on Ethics and Public Trust. A request for a hearing on the
fine must be filed with the Miami-Dade Commission on Ethics and Public Trust within 15
calendar days of receipt of the notification of the failure to file the required disclosure form.
The Miami-Dade Commission on Ethics and Public Trust shall have the authority to waive
the fine, in whole or in part, based on good cause shown.
SECTION 2.
REPEALER
All ordinances or parts of ordinances in conflict herewith be and the same are
hereby repealed.
SECTION 3.
SEVERABILITY
If section, sentence, clause or phrase of this ordinance is held to be invalid or
unconstitutional by any court of competent jurisdiction, then said holding shall in no way
affect the validity of the remaining portions of this ordinance.
BID NO: 51-02/03 CITY OF MIAMI BEACH
DATE: 08/19/03 65
SECTION 4.
CODIFICATION
It is the intention of the Mayor and City Commission of the City of Miami Beach, and
it is hereby ordained that the provisions of this ordinance shall become and be made a part
of the Code of the City of Miami Beach, Florida. The sections of this ordinance may be
renumbered or relettered to accomplish such intention, and the word "ordinance" may be
changed to "section", "article", or other appropriate word.
.SECTION 5.
EFFECTIVE DATE
This Ordinance shall take effect 18th day of May, 2002.
PASSED and ADOPTED on Second Reading this 8th day of May, 2002.
(Requested by Commissioner Matti Bower and Co-sponsored by Commissioner Simon
Cruz, Jose Smith and Richard Steinberg)
~ reflects changes between first and Second reading.
J KO\kw ~o'vr~ ~1~ '~0
F:ATTO\OLIJ\RES-ORD~-485.ORD.DOC ~ ~ ~
& r.o~ Exc-C~
BID NO: 51-02/03 CITY OF MIAMI BEACH
DATE: 08/19/03 66