Bid 44-02/03INVITATION FOR BIDS
PURCHASE OF HEAVY EQUIPMENT FOR THE
MIAMI BEACH CONVENTION CENTER AND
JACKIE GLEASON THEATER OF THE
PERFORMING ARTS
BID # 44-02/03
BID OPENING: August 20, 2003
Gus Lopez, CPPO, Procurement Director
City of Miami Beach - Procurement Division
1700 Convention Center Drive
Miami Beach, FL 33139
BID NO: No, 44-02/03
DATE: 07/15/03
CITY OF MIAMI BEACH
1
CITY CLERK
CITY OF MIAMI BEACH
1700 CONVENTION CENTER DRIVE. MIAMI BEACH, FLORIDA 33139
hltp \\ci miami-beach.flus
PROCUREMENT DIVISION
Telephone {305) 673-7490
Facsimile (305) 673-785t
INVITATION TO BID NO; 44-02/03
ADDENDUM NO. 1
August 15, 2003
Purchase of Heavy Equipment for the Miami Beach Convention Center and Jackie Gleason
Center and Jackie Gleason Theater of the Performing Arts is amended as £ollows:
The Bid Opening date is changed from August 20, 2003 to August 22, 2003 at 3:00 P.M.
DELETE: Pages 15 - 18, Section 1.66 - Insurance and Indemnification is not required.
AMENDED: Page 32, Bid Proposal Page 5 o£6 (Attachment A).
CLARIFICATION: METHOD OF AWARD, Page 19, Section 2.3 The City reserves the
rigl~t to award this contract to one vendor based on the lowest and best bid for the grand
total for all line items, or to multiple vendors based on the lowest and best bid per line item,
or multiple line items, as deemed to be in the best interest of the City.
CLARIFICATION: Bidders shall submit their bid for "New Equipment Only", not used,
refurbished or rebuilt.
Bidders must acknowledge receipt of this addendum on Bid Proposal Page 6 of 6, (pg 33) and
return a copy of this complete addendum with their bid/proposal, or the bid may be
considered non-responsive.
CITY OF MIAMI BEACH
Gus Lopez, CPPO
Procurement Director
ATTCH A - BID PROPOSAL PAGE $ OF 6 (AMENDED)
PURCHASE OF HEAVY EQUIPMENT FOR THE MIAMI BEACH CONVENTION
CENTER AND JACKIE GLEASON THEATER OF THE PERFORMING ARTS
BID g44-02/03
AMENDED
ATTACHMENT A
Bid Proposal Page $ of 6
ltem Description Quanti,ty _ Unit Price Total Price
5 'Mitsubishi Forklifts 2 each $ $
Model #FG30K
Mfg. & Model Proposed
Delivery Days (ARO)
Warranty.
Days.
Years (Section 2.17 or Page 20)
Grand Total: $
(Items gl - #5)
Written Amount
AMENDED
ATTACHMENT A
BID NO: No. 44-02/03 CITY OF MIAMI BEACH
DATE: 08/15/03 32 (AMENDED)
CITY OF MIAMI BEACH
COMMISSION ITEM SUMMARY'
Condensed Tiffs:
IRequest for Approva to Award a Contract to United Renta,s Aerial Equipment and a Purchase Order toI
Sunbelt Rentals, and Gold Coast Hi-Lift, Inc., in the total amount of $208,483.70, Pursuant to Invitation to
Bid No. 44-02/03, for the Purchase of Heavy Equipment.
Issue:
IShall the City Commission approve ~he award of a contract to United Rentals Aerial Equipment and a
Purchase Order to Sunbelt Rentals, and Gold Coast Hi-Lift Inc.?
Item Summary/Recommendation:
IThe purpose of the Bid is to establish a contract, by means of sealed bids, to a qualified vendor for the
purchase of heavy equipment for the Miami Beach Convention Center and Jackle Gleason Theater of the
Performing Arts. This purchase is for two (2) gasoline operated boom lifts, two (2) battery operated two
man lifts, two (2) gasoline operated fork lifts, one (1) battepj operated single man lift and one (1) battery
operated platform lift that will replace the existing equipment that is over fifteen (15) years and requires
continual maintenance.
Advisory Board Recommendation:
· 'inanclal Information:
Source of Amount Account Approved
Funds: I $33,622.00 Convention Center Capital Account
441.2355.069358
{~ 2 $64,989.00 441.2359.069358
I 3 $13,911.70 441.2362.069358
4 $30,972.00 441.2363.069358
! ~' 5 $64,989.00 4412410.069358
Finance Dept. Total $208,483.70
City Clerk's Office Legislative Tracking:
I Gus Lopez. Ext. 6641
Department Director Assistant City Manager. City Manager
G DI
T:~AGEN A~2003~nov2503~consent\MBCCHEAVYEQUIPM ENTSummary.doc
CITY OF MIAMI BEACH
COMMISSION MEMORANDUM
To:
From:
Subject:
Date: November 25, 2003
Mayor David Dermer and
Members of the City Commission
Jorge M. Gonzalez
City Manager
REQUEST FOR APPROVAL TO AWARD A CONTRACT TO UNITED
RENTALS AERIAL EQUIPMENT AND A PURCHASE ORDER TO
SUNBELT RENTALS, AND GOLD COAST HI-LIFT, INC., IN THE TOTAL
AMOUNT OF $208,483.70, PURSUANT TO INVITATION TO BID NO. 44-
02/03, FOR THE PURCHASE OF HEAVY EQUIPMENT FOR THE MIAMI
BEACH CONVENTION CENTER AND JACKIE GLEASON THEATER OF
THE PERFORMING ARTS.
ADMINISTRATION RECOMMENDATION: ~)
Approve the Award. ~
BID AMOUNT AND FUNDING: ~O
$33,622.00 Funding is available from the Convention Center Capital Account No. ~
d~. 1.2355.069358
Ill
$64,989.00
$13,911.70
$30,972.00
$64.989.00
$208,483.70
441.2359.069358
441.2362.069358
441.2363.069358
441.2410.069358
ANALYSIS:
Total funding in the amount of $35,000,000 has been appropriated from Fiscal Year (FY)
96/97 through 03/04, for the Convention Center and Jackie Gleason Theater of the
Performing Arts (TOPA) Capital Projects. Pursuant to the City Commission request for
balance updates to be presented with Convention Center and TOPA capital project
requests, current preliminary figures through October 31, 2003 show $24,679,418.06
disbursed, with an additional $6,0~.~. ,078.57 encumbered for projects in progress. The total
funding available was $35,000,000. It is estimated that the City will need to expend funds
from the $10,000,000 held for the Cultural Arts Council before the end of FY 03/04.
Invitation to Bid No. 44-02/03 (the "Bid") was issued on July 23, 2003, with an opening date
of August 22, 2003. BidNet issued bid notices to twenty-one (21) prospective bidders,
which resulted in ten (10) bid packages issued. This resulted in the receipt of nine (9) bids.
rn
Commission Memorandum
Invit~tion to Bid No. 44-02/03
November 25, 2003
Page 2
The purpose of the Bid is to establish a contract, by means of sealed bids, to a qualified
vendor for the purchase of heavy equipment for the Miami Beach Convention Center and
Jackie Gleason Theater of the Performing Arts. This purchase is for two (2) gasoline
operated boom lifts, two (2) battery operated two man lifts, two (2) gasoline operated fork
lifts, one (1) battery operated single man lift and one (1) battery operated plaffor,~ lift that
will replace the existing equipment that is over fifteen (15) years and requires continual
maintenance.
The boom lifts, electrical scissor lifts and the single man lift manufactured by JLG
Industries, comes with an exclusive "1 & 5' Warranty. This warranty covers all products for
one (1) full year and all specified major structural components for five (5) full years. The
platform lift manufactured by Genie Industries comes with a warranty that covers all
batteries and electrical components for one (1) full year, all hydraulic components for three
(3) full years, and structural components (base frame, swing chassis and lift structures) for
five (5) full years. The forklifts manufactured by Mitsubishi come with a warranty that
covers all components for one (1) full year or 2000 hours which ever occurs first.
References have been checked by the Procurement Division and United Rentals Aerial
Division has provided quality equipment and has met or exceeded their proposed delivery
schedules to the following satisfied customers:
· Broward County Board of County Commissioners
· Kone Inc.
· Florida Power & Light
· ·Royal Caribbean Cruise Lines
· Calder Race Course
CONCLUSION
Based on the analysis of the bids received, it is recommended that an award of a contract
be made to UNITED RENTALS AERIAL EQUIPMENT and a purchase order be issued to
SUNBELT RENTALS, AND GOLD COAST HI-LIFT, INC.
T:~AG ENDA~2003\nov250:~onsent\MBCCHEAVYEQUIPMENT2.doc
Commission Memorandum
Invitation to Bid No. 44-02/03
November 25, 2003
Page 3
BID TABULATION:
Vendor Name/Description Unit Price GRAND
~ TOTAL
~ ~Unlted Rentals Aerial Division ~
JLG Boom Lm [MOOe~ ;;JLG660SJWSIor Equal) - 2 Each $64,989.00
JLG Electrical Scissor Lift (Model ~JLG3246E2/orEqual) - 2 Each $15,486.00 ~-$30,972.0~:)
Genie Runabout Platform Lift (Model ~3R-15/orEqual) - I Each $9,447.00
JLG Single Man Lift (Model # JLG30AM/or Equal) - 1 Each $5,301.00 $5,301.00
Mitsubishi Forklifts (Model # FG30K/or Equal) - 2 Each .~.%~ .~' $16,811.00 (~r622.00 ~'~
'~unbelt
JEG Boom Lift (Model ;~ULG660SJWS/or Equal) - 2 Each $66,194.00 $132,388.00
JLG Electrical Scissor Lilt (Model #JLG3246E2/orEqual) - 2 Each $15,569.00 $31_.~138.00
Genie Runabout Platform Lift (Model #GR-15/orEqual) - 1 Each $9,107.00 (~9.10'~.00~)
JLG Single Man Lift (Model # JLG30AM/or Equal) - 1 Each $5,399.00 $5,399.00
Mitsubishi Forklifts (Model # FG30K/or Equal) - 2 Each N/B
~_~old Coast HI-Lifl'~
JLG Boom Lift (Model ~ULG660SJWS/or Equal) - 2 Each $66,394.92 $132,789.84
JLG Electrical Scissor Lilt (Model #JLG3246E2/orEqual) - 2 Each $15,590.88 $31,181.76
Genie Runabout Platform Lif~ (Model #GR-15/orEqual) - I Each * $9~054.63 $9.054.63
JLG Single Man Lift (Model # JLG30AM/or Equal) - 1 Each '~%~.? $4~804.70
Mitsubishi Forklifts (Model # FG30K/or Equal) - 2 Each N/B
· Bid on a JLG DYLtS, which is not an acceptable "or Equal"
National Lift Truck Service
JLG Boom Lift (Model ftJLG660SJWS/or Equal) - 2 Each $72~837.00 $145,674.00
"JLG Eleclrical Scissor Lift (Model #JLG3246E2/orEqual) - 2 Each $18,494.00 $36,988.00
Genie Runabout Platform Lift (Model #GR-15/orEqual) - 1 Each $9,858.00 $9,858.00
JLG Single Man Lift (Model # JLG30AM/or Equal) - 1 Each $5,789.00 $5~789.00
.. Mitsubishi Forklifts (Model # FG30K/or Equal) -2 Each $16~885.00 $33,770.00
ommisslon Memorandum
~vltatfon to Bid No. 44-02/03
ovember 25, 2003
age 4
ina Lift
.G Boom Lift (Model ~LG660SJWS/or Equal) - 2 Each
.G Electrical Scissor Lift (Model ~JLG3246E2/orEqual) - 2 Each
=nie Runabout Platform Lift (Model #GR-15/orEqual) - 1 Each
.G Single Man Lift (Model # JLG30AM/or Equal.) - 1 Each
itsubishi Forklifts (Model # FG30K/or Equal) -___2 Each
eft Rental ~
.G Boom Lift (Model #JLG660SJWS/or Equal): 2 Each
.G Electrical Scissor Lift (Model #,JLG3246E2/orEqual) - 2 Each
enie Runabout Platform Lift (Model #GR-15/orEqual) -._..__.1 Each
.G Single Man Lift (Model # JLG30AM/or Equal)__- 1 Each
itsubishi Forklifts (Model # FG30K/or Equal)__~ 2 Each ~
atlons Rent
.G~ Li~odel #JLG660SJWSIor
enie ~51orP. qual)- ] cu~[,___
~~hle "or Eaual'
.O Sing ~ Man Lift (M~ ~ '
~ Forklifts (Model
lationswide Lift Trucks inc;_' _. ..
.G Boom Lift (Model ~--'-~0SJWS/or Equal) - 2 Each
.G Electrica-'~'--'--~ Sclsso'-~ Lift (Model #JLG3246E21-- - * ---'o~lEqual) - 2 Each
enie Runabout Platform Lift (Model ~GR-15/orEqual)._- 1 Each
.G Single Man Lift (Model # JLG30AM/or Equal) - 1 Each
:itsubishi Forklifts (Model # FG30K/or Equal)_.._~ 2 Each
3arloworid Handling_.LP ~
.G Boom Lift (Model #JLG660SJWS/or Equal.) - 2 Each
.G Electrical Scissor Lift (Model #JLG3246E2/orEqual)~
enie Runabout Platform Lift (Model #GR-151orEqual) - 1 Each
.G Single___Man Lift (Model # JLG30AM/or Equal) -.__1 Each
litsubishi Forklifts (Model # FG30K/or Equal).~- 2 Each
I NIB _
$__~.~19 106.00__$38 212.00
$18 037.00
$9,289.00
s_ _s 98.00
NIB
** $8 895.00
$5,_____117.00
$17,589.00
- N/B
_ NIB
_ NIB
N/B
$17 198.00
$17 566.00
~976.00
$36,074.00
$9,289.00
$5 698.00
$133,270.00
$31 870.O0
$9,______447.00
$5,117.00
$3__~_7 398.00
_ $143,__.__~374.00
$34,396.00
$9 978.0O
55,._.___987.oo
$___~_35 132.00
CITY OF MIAMI BEACH
1700 CONVENTION CENTER DRIVE, MIAMI BEACH, FLORIDA 33139
htlp:~\www m~amibeachfl COY
PROCUREMENT DIVISION
PUBLIC NOTICE
INVITATION TO BID NO. 44-02103
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 20TM day of August,
2003 for:
PURCHASE OF HEAVY EQUIPMENT FOR THE MIAMI BEACH CONVENTION
CENTER AND JACKIE GLEASON THEATER FOR THE PERFORMING ARTS
At time, date, and place above, bids will be publicly opened. Any bids or proposals received after
time and date specified will be returned to the bidder unopened. The responsibility for submitting a
bid/proposal before the stated time and date is solely and strictly the responsibility of the
bidder/proposer. The City is not responsible for delays caused by mail, courier service, including
U.S. Mail, or any other occurrence.
The purpose of this bid is to establish a contract, by means of sealed bids to a qualified contractor for
the Purchase of Heavy equipment for the Miami Beach Convention Center and Jackie Gleason for
the Performing Arts.
Specification:
EQUAL PRODUCT:
Manufacturer's name, brand name and model number are used in these specifications for the purpose
of establishing minimum requirement of level of quality, standards of performance and design
required and is in no way intended to prohibit the bidding of other manufacturer's items of equal
material, unless otherwise indicated. Equal (substitution) may be bid, provided product so bid is
found to be equal in quality, standards of performance, design, etc. to item specified, unless
otherwise indicated. Where equal is proposed, bid must be accompanied by complete factory
information sheets (specifications, brochures, etc.) and test results of unit bid.
Item 1 - Qty: 2 each, Mfg: JLG Industries Inc., Boom Lift Model #JLG 660SJ 4WS, Manufactured
by JLG Industries Inc., (or equivalent).
Item 2 - Qty: 2 each, Mfg: JLG Industries Inc., Electrical Scissor lift Model #JLG 3246E2,
Manufactured by JLG (or equivalent).
Item 3 - Qty: 1 each, Mfg: Self-Propelled Genie Runabout with deck extension #GR-15,
Manufactured by Genie (or equivalent).
BID NO: No. 44-02/03 CITY OF MIAMI BEACH
DATE: 07/15/03 2
Item 4 - Qty: I each, Mfg: JLG Industries Inc., Access Master Single Man Lift, Model #JLG 30 AM
Manufactured by JLG (or equivalent).
Item 5 - Qty: 2, Mfg: Mitsubishi Forklifts, Model # FG30K, Manufactured by Mitsubishi (or
equivalent).
Estimated budget: $240,000.
A Pre-Bid Conference will be held at 2:00 p.m. on July 30, 2003 at the City of Miami Beach
City Hall First Floor Conference Room located at 1700 Convention Center Drive, Miami
Beach, Florida 33139.
Bid Guaranty: A Bid guaranty is not required.
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 Internet access should review the registration options at the
following website: www.govbids.com/scripts/southflorida/public/homc 1 .asp. If you do not have
Internet access, please call the BidNet(r) support group at 800-677-1997 extension # 214.
Any questions or clarifications concerning this Bid shall be submitted in writing by mail or facsimile
to the Procurement Division, 1700 Convention Center Drive, Miami Beach, FL 33139, or FAX:
(305) 673-7851. The Bid title/number shall be referenced on all correspondence. All questions must
be received no later than ten (10) calendar days prior to the scheduled Bid opening date. All
responses to questions/clarifications will be sent to all prospective bidders in the form of an
addendum.
The City of Miami Beach reserves the right to accept any proposal or bid deemed to be in the best
interest of the City of Miami Beach, or waive any informality in any proposal or bid. The City of
Miami Beach may reject any and all proposals or bids.
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.
BID NO: No. 44-02/03 CITY OF MIAMI BEACH
DATE: 07/15/03 3
YOU ARE HEREBY ADVISED THAT THIS INVITATION TO BID IS SUBJECT TO THE
BID SOLICITATION PROTEST ORDINANCE NO. 2002-3344.
YOU ARE HEREBY ADVISED THAT THIS INVITATION TO BID IS SUBJECT TO THE
CITY OF MIAMI BEACH LOBBYIST FEES DISCLOSURE ORDINANCE NO. 2002-3363.
YOU ARE HEREBY ADVISED THAT THIS BID SOLICITATION IS SUBJECT TO THE
LOCAL PREFERENCE ORDINANCE NO. 2003-3413. RESPONSIVE AND
RESPONSIBLE MIAMI BEACH-BASED VENDORS THAT ARE WITHIN 5% OF THE
LOWEST AND BEST BIDDER, WILL BE GIVEN AN OPPORTUNITY OF PROVIDING
SAID GOODS OR GENERAL SERVICES CONTAINED HEREIN, FOR THE LOWEST
RESPONSIVE BID AMOUNT.
CITY OF MIAMI BEACH
Gus Lopez, CPPO
Procurement Director
BID NO: No. 44-02/03 CITY OF MIAMI BEACH
DATE: 07/15/03 4
CITY OF MIAMI BEACH
1700 CONVENTION CENTER DRIVE, MIAMI BEACH, FLORIDA 33139
http:\tmiamibeachfl.gov
PROCUREMENT DIVISION
NO BID
NOTICE TO PROSPECTIVE BIDDERS I
BID g44-02/03
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 ofproductYservice.
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 specie)
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.
lllD NO: No. 44-02/03 CITY OF MIAMI BEACH
DATE: 07/15/03 $
PURCHASE OF HEAVY EQUIPMENT FOR THE MIAMI BEACH CONVENTION
CENTER AND JACKIE GLEASON THEATER FOR THE PERFORMING ARTS
BID 044-02/03
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 or email 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 necessav/, 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 fu'm 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: No. 44-02/03 CITY OF MIAMI BEACH
DATE: 07/15/03 6
1.6
MISTAKES:
Bidders are expected to examine the specifications, delivery schedules, bid prices and
extensions and all instructions pertaining to supplies and services. Failure to do so will be at
the bidder's risk.
1.7
CONDITION AND PACKAGING:
It is understood and agreed that any item offered or shipped as a result of this bid shall be the
latest new and current model offered (most current production model at the time of this bid).
All containers shall be suitable for storage or shipment, and all prices shall include standard
commercial packaging.
1.8
UNDERWRITERS' LABORATORIES:
Unless otherwise stipulated in the bid, all manufactured items and fabricated assemblies shall
be U.L. listed or re-examination listing where such has been established by U.L. for the
item(s) offered and furnished.
1.9
1.10
BIDDER'S CONDITIONS:
The City Commission reserves the right to waive irregularities or technicalities in bids or to
reject all bids or any part of any bid they deem necessary for the best interest of the City of
Miami Beach, FL.
EQUIVALENTS:
If bidder offers makes of equipment or brands of supplies other than those specified in the
following, 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, OR WITHIN FIVE (5) CALENDAR DAYS AFTER RECEIPT OF REQUEST
FROM THE CITY. NO BIDS WILL BE CONSIDERED WITHOUT THIS DATA.
Lacking any written indication of intent to quote an alternate brand or model number, the bid
will be considered as a bid in complete compliance with the specifications as listed on the
attached form.
1.11 (NOT USED)
1.12 (NOT USED)
1.13 NON-CONFORMANCE TO CONTRACT CONDITIONS:
Items may be tested for compliance with specifications. Item delivered, not conforming to
BID NO: No. 44-02/03 CITY OF MIAMI BEACH
DATE: 07/1.$/03 7
specifications, may be rejected and returned at vendor's expense.
These items and items not delivered as per delivery date in bid and/or purchase order may be
purchased on the open market. Any increase in cost may be charged against the bidder. Any
violation of these stipulations may also result in:
A) Vendor's name being removed from the vendor list.
B) All departments being advised not to do business with vendor.
1.14
SAMPLES:
Samples of items, when required, must be furnished free of expense and, if not destroyed,
will, upon request, be returned at the bidder's expense. Bidders will be responsible for the
removal of all samples furnished within (30) days after bid opening. All samples will be
disposed of after thirty (30) days. Each individual sample must be labeled with bidder's
name. Failure of bidder to either deliver required samples or to clearly identify samples may
be reason for rejection of the bid. Unless otherwise indicated, samples should be delivered to
the Procurement Division, 1700 Convention Center Drive, Miami Beach, FL 33139.
1.15 DELIVERY:
Unless actual date of delivery is specified (or if specified delivery cannot be met), show
number of days (in calendar days) required to make delivery after receipt of purchase order,
in space provided. Delivery time may become a basis for making an award. Delivery shall
be within the normal working hours of the user, Monday through Friday, excluding holidays.
1.16 INTERPRETATIONS:
Unless otherwise stated in the bid, any questions concerning conditions and specifications
should be submitted in writing to the Procurement Director, 1700 Convention Center Drive,
Miami Beach, FL 33139. Fax (305) 673-7851.
1.17 (NOT USED)
1.18 (NOT USED)
1.19 BID OPENING:
Bids shall be opened and publicly read on the date, time and place specified on the Bid
Form. All bids received after the date, time, and place shall be returned, unopened.
1.20 INSPECTION, ACCEPTANCE & TITLE:
Inspection and acceptance will be at destination unless otherwise provided. Title to/or risk
of loss or damage to all items shall be the responsibility of the successful bidder until
acceptance by the buyer unless loss or damage result from negligence by the buyer.
If the materials or services supplied to the City are found to be defective or not conform to
specifications, the City reserves the right to cancel the order upon written notice to the seller
and return product at bidder's expense.
1.21
PAYMENT:
Payment will be made by the City after the items awarded to a vendor have been received,
inspected, and found to comply with award specifications, free of damage or defect and
properly invoiced.
BID NO: No. 44-02103 CITY OF MIAMI BEACH
DATE: 07115/03 8
1.22
1.23
1.24
1.25
1.26
DISPUTES:
In case of any doubt or difference of opinion as to the items to be furnished hereunder, the
decision of the City shall be final and binding on both parties.
LEGAL REQUIREMENTS:
Federal, State, county and city laws, ordinances, rules and regulations that in any manner
affect the items covered herein apply. Lack of knowledge by the bidder will in no way be a
cause for relief from responsibility.
(NOT USED)
(NOT USED)
PATENTS & ROYALTIES:
The bidder, without exception, shall indemnify and save harmless the City of Miami Beach,
Florida and its employees fi.om 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.
BID NO: No. 44-02/03 CITY OF MIAMI BEACH
DATE: 07/15/03 9
1.31
1.32
1.33
1.34
1.35
1.36
QUALITY:
All materials used for the manufacture or construction of any supplies, materials or
equipment covered by this bid shall be new. The items bid must be new, the latest model, of
the best quality, and highest grade workmanship.
(NOT USED)
LIABILITY, INSURANCE, LICENSES AND PERMITS:
Where bidders are required to enter or go onto City of Miami Beach property to deliver
materials or perform work or services as a result of a bid award, the successful bidder will
assume the full duty, obligation and expense of obtaining all necessary licenses, permits and
insurance and assure all work complies with all applicable Dade County and City of Miami
Beach building code requirements and the South Florida Building Code. The bidder shall be
liable for any damages or loss to the City occasioned by negligence of the bidder (or agent)
or any person the bidder has designated in the completion of the contract as a result of his or
her bid.
BID GUARANTY: N/A
DEFAULT:
Failure or refusal ora 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 purchase order numbers and shall be
submitted in DUPLICATE to the City of Miami Beach, Accounts Payables Department,
1700 Convention Center Drive, Miami Beach, Florida 33139.
1.38 (NOT USED)
1.39 (NOT USED)
1.40 NOTE TO VENDORS DELIVERING TO THE CITY OF MIAMI BEACH:
Receiving hours are Monday through Friday, excluding holidays, from 8:30 A.M. to 5:00
P.M.
BID NO: No. 44-02/03 CITY OF MIAMI BEACH
DATE: 07/15/03 I0
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
1.46
1.47
(NOT USED)
CLARIFICATION AND ADDENDA TO BID SPECIFICATIONS:
If any person contemplating submitting a Bid under this Solicitation is in doubt as to the true
meaning of the specifications or other Bid documents or any part thereof, the Bidder must
submit to the City of Miami Beach Procurement Director at least ten (10) calendar days prior
to scheduled Bid opening, a request for clarification. All such requests for clarification must
be made in writing and the person submitting the request will be responsible for its timely
delivery.
Any interpretation of the Bid, if made, will be made only by Addendum duly issued by the
City of Miami Beach Procurement Director. The City shall issue an Informational
Addendum if clarification or minimal changes are required. The City shall issue a Formal
Addendum if substantial changes which impact the technical submission of Bids is required.
A copy of such Addendum shall be sent by mail or facsimile to each Bidder receiving the
Solicitation. In the event of conflict with the original Contract Documents, Addendum shall
govern all other Contract Documents to the extent specified. Subsequent addendum shall
govern over prior addendum only to the extent specified. The Bidder shall be required to
acknowledge receipt of the Formal Addendum by signing in the space provided on the Bid
Proposal Form. Failure to acknowledge Addendum shall deem its Bid non-responsive;
provided, however, that the City may waive this requirement in its best interest. The City
will not be responsible for any other explanation or interpretation made verbally or in writing
by any other city representative.
DEMONSTRATION OF COMPETENCY:
I) Pre-award inspection of the Bidder's facility may be made prior to the award of contract.
Bids will only be considered from finns which are regularly engaged in the business of
providing the goods and/or services as described in this Bid.
BID NO: No. 44-02/03 CITY OF MIAMI BEACH
DATE: 07/1~/03 ! !
1.48
1.49
Bidders must be able to demonstrate a good record of performance for a reasonable period of
time, and have sufficient financial support, equipment and organization to insure that they
can satisfactorily execute the services if awarded a contract under the terms and conditions
herein stated. The terms "equipment and organization" as used herein shall be construed to
mean a fully equipped and well established company in line with the best business practices
in the industry and as determined by the City of Miami Beach.
2) The City may consider any evidence available regarding the financial, technical and other
qualifications and abilities of a Bidder, including past performance (experience) with the
City in making the award in the best interest of the City.
3) The City may require Bidders to show proof that they have been designated as authorized
representatives ora manufacturer or supplier which is the actual source of supply. In these
instances, the City may also require material infmmation 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 Bidders 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, ~'ansfer, 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
BID NO: No. 44.-02103 CITY OF MIAMI BEACH
DATE: 07115103 12
1.50
1.51
1.52
Miami Beach.
LAWS, PERMITS AND REGULATIONS:
The bidder shall obtain and pay for all licenses, permits and inspection fees required for this
project; and shall comply with all laws, ordinances, regulations and building code
requirements applicable to the work contemplated herein.
OPTIONAL CONTRACT USAGE:
As provided in Section 287.042 (17), Florida Statutes, other State agencies may purchase
from the resulting contract, provided the Department of Management Services, Division of
Procurement, has certified its use to be cost effective and in the best interest of the State.
Contractors have the option of selling these commodities or services certified by the Division
to the other State agencies at the agencies option.
SPOT MARKET PURCHASES:
It is the intent of the City to purchase the items specifically listed in this bid from the
awarded vendor. However, items that are to be Spot Market Purchased may be purchased by
other methods, i.e. Federal, State or local contracts.
1.53 ELIMINATION FROM CONSIDERATION
1.54
1.55
1.56
The contract 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
BID NO: No. 44-02/03 CITY OF MIAMI BEACH
DATE: 07/15/03 13
1.57
1.58
1.59
1.60
1.61
1.62
proposals found to be collusive shall be rejected.
Bidders or Proposers who have been found to have engaged in collusion may be considered
non-responsible, and may be suspended or debarred, and any contract resulting from
collusive bidding may be terminated for default.
DISPUTES
In the event of a conflict between the documents, the order of priority of the documents shall
be as follows:
· Any agreement resulting from the award of this Bid (if applicable); then
· Addenda released for this Bid, with the latest Addendum taking precedence; then
· The Bid; then
· Awardee's Bid.
REASONABLE ACCOMMODATION
In accordance with the Title II of the Americans with Disabilities Act, any person requiring
an accommodation at the RFP opening because ora disability must contact Heidi Johnson
Wright at the Public Works Department at (305) 673-7080.
GRATUITIES
Proposers shall not offer any gratuities, favors, or anything of monetary value to any official,
employee, or agent of the City, for the purpose of influencing consideration of this proposal.
SIGNED BID CONSIDERED AN OFFER
The signed bid shall be considered an offer on the part of the bidder 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 soumes and hold the
bidder or contractor responsible for any excess cost occasioned or incurred thereby.
BID CLARIFICATION:
Any questions or clarifications conceming this Invitation to Bid shall be submitted in writing
by mail or facsimile to the Procurement Department, 1700 Convention Center Drive, Miami
Beach, FL 33139 FAX: (305) 673-7851. The bid title/number shall be referenced on all
correspondence. All questions must be received no later than ten (10) calendar days prior to
the scheduled bid opening date.
All responses to questions/clarifications will be sent to all prospective bidders in the form of
an addendum. NO QUESTIONS WILL BE RECEIVED VERBALLY OR AFTER SAID
DEADLINE.
TIE BIDS:
Please be advised that in accordance with Florida Statues Section 287.087, regarding
identical tie bids, preference will be given to vendors certi~ing that they have implemented
a drag free work place program. A certification form will be required at that time.
BID NO: No. 44-02/03 CITY OF MIAMI BEACH
DATE: 07/15/03 14
1.63
1.64
1.65
1.66
PUBLIC ENTITY CRIMES (PEC):
A person or affiliate who has been placed on the convicted vendor list following a conviction
for public entity crimes may not submit a bid on a contract to provide any goods or services
to a public entity, may not submit a bid on a contract with a public entity for the construction
or repair of a public building or public work, may not submit bids on leases of real property
to public entity, may not be awarded or perform work as a contractor, supplier, sub-
contractor, or consultant under a contract with a public entity, and may not transact business
with any public entity in excess of the threshold amount provided in Sec. 287.017, for
CATEGORY TWO for a period of 36 months from the date of being placed on the convicted
vendor list.
DETERMINATION OF RESPONSIVENESS:
Determination of responsiveness taken place at the time of bid opening and evaluation. In
order to be deemed a responsive bidder, your bid must conform in all material respects to the
requirements stated in their Bid.
DELIVERY TIME:
Vendors shall specify on the attached Bid Form, the guaranteed delivery time (in calendar
days) for each item. It must be a firm delivery time, no ranges will be accepted, i.e.; 12-14
days.
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.
liiD NO: No. 44-02/03 CITY OF MIAMI BEACH
DATE: 07/15/03 15
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+:V1 or better per
Best's Key Rating Guide, latest edition.
Original signed Certificates of Insurance, evidencing such coverages and endorsements as
required heroin, 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 ali 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: No. 44-02/03 CITY OF MIAMI BEACH
DATE: 07/15/03 16
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; alternate insurance
coverage, satisfactory to the Risk Manager, may be considered.
It is understood and agreed that the inclusion of more than one insured under these policies
shall not restrict the coverage provided by these policies for one insured hereunder with
respect to a liability claim or suit by another insured hereunder or an employee of such other
insured and that with respect to claims against any insured hereunder, other insureds
hereunder shall be considered members of the public; but the provisions of this Cross
Liability clause shall apply only with respect to liability arising out of the ownership,
maintenance, use, occupancy or repair of such portions of the premises insured hereunder as
are not reserved for the exclusive use of occupancy of the insured against whom claim is
made or suit is filed.
BID NO: No. 44.-02/03 CITY OF MIAMI BEACH
DATE: 07/15/03 17
INSURANCE CHECK LIST
Workers' Compensation and Employer's Liability per the Statutory limits of the state of
Florida.
XXX 2.
Comprehensive General Liability (occurrence form), limits of liability $1,000,000.00
per occurrence for bodily injury property damage to include Premises/Operations;
Products, Completed Operations and Contractual Liability. Contractual Liability and
Contractual Indemnity (Hold harmless endorsement exactly as written in "insurance
requirements" of specifications).
XXX 3.
Automobile Liability - $1,000,000 each occurrence - owned/non-owned/hired
automobiles included.
4. Excess Liability - $
.00 per occurrence to follow the primary coverages.
XXX 5.
The City must be named as and additional insured on the liability policies; and it must
be stated on the certificate.
6. Other Insurance as indicated:
__ Builders Risk completed value
__ Liquor Liability
__ Fire Legal Liability
Protection and Indemnity
__ Employee Dishonesty Bond
Other
$ .00
$ .00
$ .00
$ .00
$ .00
$ .00
XXX 7. Thirty (30) days written cancellation notice required.
XXX 8. Best's guide rating B+:VI or better, latest edition.
.XXX 9. The certificate must state the bid number and title
BIDDER AND INSURANCE AGENT STATEMENT:
We understand the Insurance Requirements of these specifications and that evidence of this
insurance may be required within five (5) days after bid opening.
Bidder
Signature of Bidder
BID NO: No. 44-02/03 CITY OF MIAMI BEACH
DATE: 07/15/03 18
PURCHASE OF HEAVY EQUIPMENT FOR THE MIAMI BEACH CONVENTION
CENTER AND JACKIE GLEASON THEATER OF THE PERFORMING ARTS
BID 044-02/03
2.0 SPECIAL CONDITIONS
2.1
PURPOSE:
The purpose of this bid is to establish a contract, by means of sealed bids to a qualified
contractor for the Purchase of Heavy equipment for the Miami Beach Convention Center
and Jackie Gleason Theater of the Performing Arts.
2.2 TERM OF CONTRACT: N/A
2.3
METHOD OF AWARD:
The City reserves the fight to award this contract to multiple vendors if it is deemed to be in
the best interest of the City. Award of this contract will be made to the lowest responsive,
responsible bidder(s) whose bid will be most advantageous to the City of Miami Beach.
2.4
PAYMENT:
Full payment will be made upon acceptance of a complete unit(s). No down or partial down
payments will be made
2.5 ADDITIONS/DELETIONS OF FACILITIES: N/A
2.6
PRICES SHALL BE FIXED AND FIRM FOR TERM OF CONTRACT:
Should the City of Miami Beach, MBCC/SMG, require additional quantities of the items
identified on the Bid Form, the bidder awarded this contract shall provide these items at the
same unit price, or less until December 31, 2003.
2.7
PRE-BID CONFERENCE/SITE INSPECTION:
A pre-bid conference will be held on July 30, 2003, at 2:00 P.M., in the First Floor
Conference Room, Miami Beach, FL. At that conference the specifications will be
discussed and all questions answered. Request for additional information or clarifications
must be made in writing to the Procurement Director with copies to the City clerk to City of
Miami Beach, 1700 Convention Center Drive, Miami Beach, FL 33139, Fax: (305) 673-
7851.
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
has replaced the DemandStar system and allow vendors to register online and receive
BID NO: No. 44-02/03 CITY OF MIAMI BEACH
DATE: 07/15/03 19
2.10
2.11
2.12
2.13
2.14
2.15
2.16
2.17
notification of new bids, amendments and awards. Vendors with Internet access should
review the registration options at the following website:
www.govbids.com/scripts/soulhflorida/public/homcl.asp. If you do not have Intemet
access, please call the BidNet(r) support group at 800-677-1997 extension # 214.
CONTACT PERSON:
The contact person for this Invitation to Bid is Mirtha Perez-Jimenez. The contact person
may be reached by phone: 305.673.7490; fax: 305.673.7851; or e-mail:
mirlhapcrc~jimenez(£!~miamibeachl].gov.
Communications between a proposer, bidder, lobbyist or consultant and Procurement Staff
is limited to matters of process or procedure.
Requests for additional information or clarifications must be made in writing to the contact
person, with a copy to the City Clerk, no later than ten (10) calendar days prior to the
scheduled Bid opening date.
The City will issue replies to inquiries and any other corrections or amendments it deems
necessary in written addenda issued prior to the deadline for responding to the Bid. Bidders
should not rely on representations, statements, or explanations other than those made in this
Bid or in any written addendum to this Bid. Bidders should verify with the Procurement
Division prior to submitting a proposal that all addenda have been received.
YOU MUST FAMILIARIZE YOURSELF WITH ORDINANCE NO. 2002-3378
ENTITLED CONE OF SILENCE, WHICH SETS FORTH THE POLICIES AND
PROCEDURES RELATIVE TO ORAL AND WRITTEN COMMUNICATIONS.
SAMPLES: N/A
(NOT USED)
LIQUIDATED DAMAGES: N/A
DISCOUNTS (From published price lists): NA
ESTIMATED QUANTITIES: N/A
HOURLY RATE: N/A
WARRANTY:
The successful bidder will be required to warranty all equipment supplied for a minimum of
one (1) year. Warranty shall be described in detail on the attached Bid Form.
BID NO: No. 44-02/03 CITY OF MIAMI BEACH
DATE: 07/15/03 20
2.18
2.19
2.20
2.21
2.22
2.23
2.24
2.25
PRODUCT/CATALOG INFORMATION:
All bidders must submit product information on the product they propose to furnish if
awarded this contract. Any bid received not containing this information may be rejected for
that reason.
REFERENCES: (PROVIDE 8 REFERENCES, IN THE CUSTOMER REFERENCE
FORM ON PAGES 35 - 37).
COMPLETE PROJECT REQUIRED: N/A
FACILITY LOCATION:
Miami Beach Convention Center
Jackie Gleason Theater
1901 Convention Center Drive
Miami Beach, Florida 33139
*North Loading Dock
BIDDER QUALIFICATIONS: N/A
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.
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.
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 ali
required submittal information must be returned, properly completed, in a sealed envelope as
outlined in the first paragraph of General Conditions.
2.26 MAINTENANCE AGREEMENT: N/A
BID NO: No. 44-02/03 CITY OF MIAMI BEACH
DATE: 07115/03 21
PURCHASE OF HEAVY EQUIPMENT FOR THE MIAMI BEACH CONVENTION
CENTER AND JACKIE GLEASON THEATER OF THE PERFORMING ARTS
BID #44-02/03
3.0 MINIMUM SPECIFICATIONS
GENERAL
The intent of these specifications is to purchase the following Heavy Equipment for the Miami
Beach Convention Center and the Jackie Gleason Theater.
Item 1 - Qty: 2 each, Mfg: JLG Industries Inc., Boom Lift Model #JLG 660SJ 4WS, Manufactured
by JLG Industries Inc., (or equivalent).
Item 2 - Qty: 2 each, Mfg: JLG Industries Inc., Electrical Scissor lift Model #JLG 3246E2,
Manufactured by JLG (or equivalent).
Item 3 - Qty: 1 each, Mfg: Self-Propelled Genie Runabout with deck extension #GR-15,
Manufactured by Genie (or equivalent).
Item 4 ~ Qty: 1 each, Mfg: JLG Industries Inc., Access Master Single Man Lift, Model #JLG 30 AM
Manufactured by JLG (or equivalent).
Item 5 - Qty: 2, Mfg: Mitsubishi Forklifts, Model # FG30K, Manufactured by Mitsubishi (or
equivalent).
3.1 MINIMUM SPECIFICATIONS
Item #1: Qty. 2 each
JLG Boom Lift Model # JLG 660SJ 4WS (Or Equal)
Reach Specifications: (Minimum)
Platform Height
Horizontal Outreach
Swing
Platform Capacity - Restricted
Platform Rotator
Jib (Range of Articulation)
Dimensional Data: (Minimum)
Platform size
Overall with
66 ft.
56 ft. 9 in.
360 Degrees Continuous
500 lbs.
180 Degrees Hydraulic
130 Degrees
36 in.
7 ft. 11-1/2 in.
BID NO: No. 44-02103 CITY OF MIAMI BEACH
DATE: 07115103 22
Tailswing (working condition)
Stowed height
Stowed length
Wheelbase
3 ft. 9in.
8 ft. 4-3/4 in.
33 ft. 6 in.
8 ft. 1-1/2 in.
Ground clearance
Gross vehicle weight
Max. ground bearing pressure
Max. tire load
12 in.
25,500 lbs.
64 psi
13,200 lbs.
Chassis: (Minimum)
Drive speed 2WD
Gradeability 2WD
Tires
Turning radius (inside/outside)
4.5 MPH
30%
pneumatic Standard
660SJ4WS 5 ft. 5in.
Power Source: (Minimum)
Gasoline Engine (Only)
Fuel tank capacity
Hydraulic Reservoir
Auxiliary Power
66 hp.
39 gallons
31 gallons
12 volt DC
3.9- MINIMUM SPECIFICATIONS
Item # 2: Qty: 2 each
JLG Electrical Scissor Lift Model # JLG 3246E2 (Or Equal)
Dimensional Data: (Minimum)
Platform height elevated
Platform height lowered
Platform roiling height
Overall height (rails folded)
Platform size
Platform extension
Overall width
Overall length
Wheelbase
Ground clearance
Platform capacity
Capacity on platform extension
32 ft.
4 ft 3 in.
3 ft. 7.5 in.
6ft. 5in.
45 x 84 in
3ft.
3ft 10in.
7ft5 in.
5 ft. 8.5 in.
3.0 in.
700 lbs.
250 lbs.
BID NO: No. 44-02/03 CITY OF MIAMI BEACH
DATE: 07/15/03 23
LiP/Lower time
Maximum drive height
Gross vehicle weight
60/57 seconds
Full height
6,200 lbs
Chassis: (Minimum)
Drive speed - lowered
Drive speed - elevated
Gradeability
2.0 MPH
0.5 MPH
25%
Turning radius (inside)
Turning radius (outside)
Tire size/type
Brakes
45 in.
115 in.
Standard non marking solid
Automatic rear wheel parking
Power Source: (Minimum)
Batteries
Charger
Electric motor
Pump
Hydraulic reservoir
4 x 6 volt 245 amp hr
20 amp automatic SCR 120/250V, 50/60 HZ
4.5 HP
Single section gear
4 gallon
Standard features: (Minimum)
Pothole protection system Lanyard attach points
Joystick drive/steer control Dual wheel drive
Removable platform control box Dual wheel brakes
Separate enable buttons for lift/drive Positive traction
245 A.H. batteries Big forklift pockets - 7.25 x 2.25 in.
Non- marking tires Standard 20 charger
Manual descent system Powder coated steel plated fasteners
Rigid wide arm stack Hourmeter
Descent Alarm
Availab~
1 lO-Voit Receptacle
Fold down railing
3.3 MINIMUM SPECIFICATIONS
Item//3: Qty: 1 each
BID NO: No. 44-02/03 CITY OF MIAMI BEACH
DATE: 07/15/03 24
Self-Propelled Genie Runabout with Deck Extension # GR-15 (Or Equal)
Description:
· The Runabout features Genie's patented mast system with high strength interlocking
aluminum mast sections and heavy duty lifting chains.
· Narrow 29-1/2" width and 53 in. length allow the unit to fit in most passenger elevators.
· Low 19 in. entry height allows operators to enter the platform easily.
· Standard non-marking tires and Iow unit weight allow use on sensitive flooring.
· Standard dual wheel spring - applied, hydraulically released braking system.
Standard Features:
· 350 lb. lift capacity on GR-15
· 24 volt DC electric motor provides clean power for indoor use.
· High battery amp hour rating provides prolonged usage between charges
· 25 amp automatic charges for easy overnight recharging
· Proportional drive controls
· 30% Gradeability
· Standard platform with basic sliding midrail
· Fixed pothole protection
· Forklift pockets and tie-down points
· Non-marking solid rubber tires
· Descent and tilt alarms
· Workstation tray
Options and Accessories:
Platform extension deck with grated-entry platform
Standard Compliance:
ANSFSIA A92.6
AS 1418.10
MINIMUM SPECIFICATIONS
Working height
Platfo,m height
21 ft 2 in.
15 ft.2 in.
BID NO: No. 44-02/03 CITY OF MIAMI BEACH
DATE: 07/15/03 25
a)
b)
c)
d)
e)
0
Height stowed ANSI-w/workstation tray 67-1/2 in.
Length 53 in.
Width 29-1/2 in.
Platform length 37 in.
Platform width 29-1/2 in.
Extended 57 in
Platform extension length 20 in.
Platform entry height 19 in.
Lift capacity 350 lbs.
Extension deck capacity 250 lbs.
Tuming radius - outside 62 in.
Turning radius - inside 6 in.
Power source 24 volt
Drive speed stowed 2.5 MPH
Drive speed raised 0.5 MPH
Raise/lower speed 20/20 second
Gradeability 30%
Weight 2,150 lbs.
MINIMUM SPECIFICATIONS
3.4 Item ti4: Qty: I each
JLG Access Master Single Man Lift Model tl JLG30AM (Or Equal)
Reach specifications: (Minimum)
Working height
Platform height
Platform capacity
Overall height stowed
Overall width stowed
Overall length stowed
Overall length w/o platfom~
Ground entry height
Outrigger footprint length
Outrigger footprint width
Operating weight
36 ft.
29ft. lOft.
350 lbs.
77.5 in.
29 in.
52 in.
47 in.
19 in.
68 in.
61 in.
940 lbs.
Standard features:
· Low maintenance anodized mast
· I10-volt double receptacle on platform (Only)
· Auto power- shuts offpower when in idle
BID NO: No. 44-02/03 CITY OF MIAMI BEACH
DATE: 07/15/03 26
· Battery discharge indicator (BDI)
· Lanyard attachment anchor for fall protection systems
· Non-marking tires
· Quick -change platform mounts
· Quick - change 25.5 x 26 in. side rail or front entry platform
· Automatic battery charger
· Roller loading device for loading on standard size pickup tracks
· Tilt back, on 36AM & 41AM only
3.5 MINIMUM SPECIFICATIONS:
Item 05: Qty: 2 each
Fork Lifts
Mitsubishi Forklifts Model #FG30K (Or Equal)
Characteristics: (Minimum)
Capacity at rated load
Capacity at load center
Power
Tire type
Wheels
Dimensions: (Minimum)
6000 lb.
24 in.
Gasoline (Only)
Cushion (Only)
2x/2
Lift maximum forklift with rated load
Lift with standard two-stage mast
Free fork height
Forks thickness x height x length
Fork spacing out minimum/max.
Tilt forward/backward
Length to fork face
157 in.
130 in.
5.7 in.
1.8 x 5 x 42 in.
11.2/39.4 in.
6/10
107.3 in.
BID NO: No. 44-02/03 CITY OF MIAMI BEACH
DATE: 07/15/03 27
PURCHASE OF HEAVY EQUIPMENT FOR THE MIAMI BEACH CONVENTION
CENTER AND JACKIE GLEASON THEATER OF THE PERFORMING ARTS
BID #44-02/03
3.1 MINIMUM SPECIFICATIONS (CONT.)
Bid Proposal Page I of 6
1tern ~
Quantity _ Unit P_._.~rice Total Price
JLG Boom Lilt
!
Model #JLG 660SJ 4WS
(or equivalent)
Mfg.&ModelProposed --~r-/~G 14'qvd'~L
Delivery Days (ARO) _'~O Days.
Warranty
Years (Section 2.17 or Page 20)
BID NO: No. 44-02103 CITY OF MIAMI BEACH
DATE: 07115/03 28
PURCHASE OF HEAVY EQUIPMENT FOR THE MIAMI BEACH CONVENTION
CENTER AND JACKIE GLEASON THEATER OF THE PERFORMING ARTS
BID 044-02/03
Bid Proposal Page 2 of 6
Item. Description,
2 JIG Electrical Scissor
Lift Model #JLG 3246E2
(or equivalen0
Quantity _ Unit Price Total Price
2 each $ /-C-~/~...,~ s ~-~'~ ~'?.~.
Mfg. & Model Proposed
Delivery Days (ARO)
Warranty
Days.
Years (Section 2.17 (Section 2.17 or Page 20)
BID NO: No. 44-02/03 CITY OF MIAMI BEACH
DATE: 07115/03 29
PURCHASE OF HEAVY EQUIPMENT FOR THE MIAMI BEACH CONVENTION
CENTER AND JACKIE GLEASON THEATER OF THE PERFORMING ARTS
BID 044-02/03
Bid Proposal Page 3 of 6
.Item Description Quantity . Unit Price Total Price
3 Self- Propelled Genie I each $ ~t~'7. O O $ q 6/q'~, tgO
Runabout with Deck Extension
#GR-15, including purchase obtion
Platform extension deck with grated-entry
Platform (1 each) (or equivalent)
Mfg. & Model Proposed
Delivery Days (ARO)
Warranty. f
Days.
Years (Section 2.17 (Section 2.17 or Page 20)
BID NO: No. 44-02/03 CITY OF MIAMi BEACH
DATE: 07/15/03 30
PURCHASE OF HEAVY EQUIPMENT FOR THE MIAMI BEACH CONVENTION
CENTER AND JACKIE GLEASON THEATER OF THE PERFORMING ARTS
BID #44-02/03
Bid Proposal Page 4 of 6
Item Description Quantity .
4 JLG Access Master I each
Single Man lift Model #JLG30 Am
(or equivalent)
Unit Price Total Price
s. q'~l, ~ $ ~.~o/, .o~.
Delivery Days (AR#) ,._~ O Days.
Warranty / Years (Section 2.17 or Page 20)
BID NO: No. 44-02/03 CITY OF MIAMI BEACH
DATE: 07/15103 31
PURCHASE OF HEAVY EQUIPMENT FOR THE MIAMI BEACH CONVENTION
CENTER AND JACKIE GLEASON THEATER OF THE pERFORMING ARTS
BID g44-02/03
Bid Proposal Page 5 of 6
Item Description, Quantity
5 Mitsubishi Forklifts ~ each
Model #FG30K
Mfg. & Model Proposed fl~ t~ a ~ , .Y],
Delivery Days (ARO) ~/c~
Warranty / Years
_Unit Price
Total Pric,e.
Days.
(Section 2.17 or Page 20)
Grand Total: S ~0~3~O'O0
(Items #1 -//5)
Written Amount
BID NO: No. 44-02/03 CITY OF MIAMI BEACH
DATE: 07/I 5/03 32
PURCHASE OF HEAVY EQUIPMENT FOR THE MIAMI BEACH CONVENTION
CENTER AND JACKIE GLEASON THEATER OF THE PERFORMING ARTS
BID #44-02/03
Bid Proposal Page 6 of 6
PAYMENT TERMS: NET 30. If other, specify here
ANY LETTERS, ATTACHMENTS, OR ADDITIONAL INFORMATION
CONSIDERED PART OF THE BID M__,t~'ST BE SUBMITTED IN DUPLICATE.
\x.(l ce ~,f/)hat l'am authorized to execute this proposal and
'~the bi~ding firm)
Bidders must acknowledge receipt of addendum (if applicable).
Addendum No. 1: ~'13~ '~ Addendum No. 2:
lnse~ Date lnse~ Date
NAME~ITLE(Print): .~ '~e~ e~ ~.~/~C/f
~oo~ss: ~f~ / ~. ~'P ~ ~ 7
/~//y~, o, ~/~ z~: ~ ~ ~ ' ~'
CITYI$TATE:
FACSIMILE NO: 3 0~- ~$~- 2ffq '7
TO BE
BID NO: No. 44-02/03 CITY OF MIAMI BEACH
DATE: 07/15/03 33
UnitedRentalsTM
Aerial Equipment
United Rentals
3501 South State Rd. 7
Davie, F'L 33314
Toll Free (888) 342-7725
www, unitedrentals.com
10-30-2003
City of Miami Beach
Procurement Division
Miami Beach, Florida
Re: Bid if 44-02/03
Mr. John Ellis:
The following are clarifications of line item #2 and Item # 5.
Item number 2 should read as follows: JLG 3246E2
Item number 5 should read as follows: $16811.00 per un/t total price $33622.00 Grand
Total $ 209320.00.
We are sorry for any delay this may have caused.
Oscar Wessman
/ .
United Rentals Aerial Division
South East Regional Manager
PROCUREMENT DIVISION
MIAMI BEACH FLORIDA
FAX TR3%NSMITTA~ MEMO
Date' J-~7~' f'~/O~ ....
THIS TRANSMISSION INCLUDES ..-/---COVER SHEET PLUS '~ PAGE3-
Have a nice day!
PURCHASE OF HEAVY EQUIPMENT FOR THE MIAMI BEACH CONVENTION
CENTER AND JACKIE GLEASON THEATER OF THE PERFORMING ARTS
BID #44-02/03
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)
General Conditions Section 1.67
Bid Guaranty/Performance Bond
General Conditions Section 1.34
X Warranty
Special Conditions Section 2.17
X Product/Catalog Information
Special Conditions Section 2.18
References
X
Special Conditions Section 2.19 / Pages 35 - 37
Bidder Qualifications
Special Conditions Section 2.22
X Exceptions to Specifications
Special Conditions Section 2.24
Contractor's Questionnaire
x (Pages 38 & 41)
BID NO: No. 44-02/03 CITY OF MIAMI BEACH
DATE: 07/15/03 34
(PURCHASE OF HEAVY EQUIPMENT FOR THE MIAMI BEACH CONVENTION
CENTER AND JACK1E GLEASON THEATER OF THE PERFORMING ARTS
BID g44-02/03
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 has provided Heavy Equipment similar
services. (See Section 2.19)
1) Company Name
Address
Contact Person/Contract Amount
Telephone No.
Email address
2)
3)
Contact Person/Contract Amount,~A~ ..... ,? ~,,sd ,~t, b/r~.~ ~//,~//3-/. ~
Telephone No.3C,3' - r-/'9'0°.- ~.-.2 '7/ Fax No.
Email address
Email addr :ss
BID NO: No. 44-02/03 CITY OF MIAMI BEACH
DATE: 07/15/03 35
n)
PURCHASE OF HEAVY EQUIPMENT FOR THE MIAMI BEACH CONVENTION
CENTER AND JACKIE GLEASON THEATER OF THE PERFORMING ARTS
BID #44-02/03
CUSTOMER REFERENCE LISTING (Contd.)
Company Name
Telephone No.~/-~/--9~//~' F~ No.
Email address
5)
Company Name
Contact PersoWContract Amount
Telephone No. ,..~O.b'"- ~ ~'~ -~"~, 60 Fax No.
Email address
6)
Company Name
Address
Contact Person/Contract Amount
Telephone No. 96//- ~oP.9 '0~/';?/ Fax No.
Email address
BID NO: No. 44-02/03 CITY OF MIAMI BEACH
DATE: 07/15/03 36
PURCHASE OF HEAVY EQUIPMENT FOR THE MIAMI BEACH CONVENTION
CENTER AND JACKIE GLEASON THEATER OF THE PERFORMING ARTS
BID #44-02/03
CUSTOMER REFERENCE LISTING (Contd.)
7)
Contact Person/Contract Amount ~.,~,~ ~ ~.~.) ~ '~/~ ~f'~, ~,
Telephone No....~d-5'"-S~'.~ cj., (o 0 O ~ Fax No.
Email address
8)
CompanyName dEt.,~'~,,4 d ~ ; t/'JM,,z Z-, ~-'.we-,-'
Address ~/cOrq,/ ~'? Lc) "7'7"/~'~-~,.¢;,x~.,~/~--~·
Contact Person/Contract Amount ~7.c5cf~, "3f/~ f/~ °e
Telephone No.~O~-~ ~-/~/] Fax No.
Email address
BID NO: No. 44-02/03 CITY OF MIAMI BEACH
DATE: 07115103 37
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 Ml~yor and City Coromission of the City of Miami Beach, Florida:
By K .A/ i/Lc /J
Principal Office ,~0.~-~/,~.
How many years has your organization been in business under your present business name?
Does your organization have current occupational licenses entitling it to do the work contemplated
in this Contract? N/A
State of Florida occupational license - state type and number: N/A
Dade County certificate of competency - state type and number: N/A
City of Miami Beach occupational license - state type and number: N/A
Include copies of above licenses and certificates with proposal.
How many years experience in similar work has your organization had?
(A) As a General Contractor N/A
(B) As a Sub-Contractor N/A
(C) What contracts has your organization completed? N/A
Contract Amt Class of Work When Completed Name/Address of Owner
N/A
Have you ever had a contract terminated (as prime contractor or sub-contractor, under existing
company name or another company name) due to failure to comply with contractual
specifications? /1/tO
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?
If so, state name of individual, name of owner, and reason thereof
BID NO: No. 44-02/03 CITY OF MIAMI BEACH
DATE: 07/15/03 38
In what other lines of business are you financially interested or engaged?
Give references as to experience, ability, and financial standing
What equipment do you own that is available for the proposed work and where located? N/A,,
What Bank or Banks have you arranged to do business with during the course of the Contract should
it be awarded to you? N/A
Please list the names and addresses of the subcontractors to be used for the portions of the work
listed below.
Vendor Campaign Contribution.
a. You must provide the names of nil individuals or entities (including your sub-
consultants) with n controlling finnncial 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 n direct or indirect interest of 10% or more in n firm. The term
"firm" shall mean any corporation, partnership, business trust or any legal entity other than a
natural person.
BID NO: No. 44-02103 CITY OF MIAMI BEACH
DATE: 07/15103 39
b. Individuals or entities (including our sub-consultants) with a controlling financial
interest: have }( have not contributed to the campaign either directly or
indirectly, ora 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.
t
RTIFY ~h~.the'-a~e answers are true and correct.
(SEAL)
/
/
(SEAL)
BID NO: No. 44-02/03 CITY OF MIAMI BEACH
DATE: 07/15/03 40
AGREEMENT
THIS AGREEMENT made this 25th day of November 2003, A.D. between the
CITY OF MIAMI BEACH, a Florida municipal corporation, hereinafter called the City,
which term shall include its successors and assigns, party of the one part, and
UNITED RENTALS AERIAL DWISION
3501 S. STREET ROAD #7
HOLLYWOOD, FL 33314
hereinafter called the Contractor, which term shall include its heirs, successors and
assigns, party of the other part.
WITNESSETH that the said Contractor for the consideration and compensation herein
agreed to be paid and the said City in consideration of the purchase from said Contractor
and designated "PURCHASE OF HEAVY EQUIPMENT FOR THE MIAMI BEACH
CONVENTION CENTER AND JACKIE GLEASON THEATER OF THE PERFORMING ARTS"
by said City, do hereby mutually agree as follows:
This Agreement shall extend to and be obligatory upon said City, its successors
and assigns, and upon said Contractor and its heirs, successors and assigns.
Neither this Agreement nor any part thereof nor any part of the Work herein
contemplated, shall be assigned or sublet, nor shall any sums of money provided
to be paid to said Contractor be assigned by said Contractor to anyone without the
consent of the City Commission of said City evidenced by its resolution.
The foregoing pages of this booklet, including the Notice to Contractors, the
Proposal, and the Contract Documents and such alterations as may be made in
said Specifications as therein provided for, are hereby referred to and made a part
of this Agreement and the terms and conditions set forth therein, except when in
direct conflict with this written Contract, are as much a part hereof as if copied
herein. If conflicts exist between them and this written instrument, only that part
of the matter in direct conflict herewith shall not be construed to be a part hereof.
If any dispute arises between the City and said Contractor with reference to the
meaning or requirements of any part of this Contract and they cannot agree, the
more stringent requirements shall govern as determined by the City.
If the Contractor shall deliver the equipment herein contemplated in a good and
workmanlike manner within the time herein specified and in accord herewith, the
said City shall pay to the Contractor the contract sum in accordance with the
Conditions of the Contract.
BID NO. 44-02/03
AGREEMENT PAGE 1 OF 3
Owner shall pay Contractor for delivery of Equipment in accordance with the
Contract Documents in current funds at the lump sum or unit prices presented in
the Bid Proposal, attached to this Agreement. The parties expressly agree that the
Contract Price is a stipulated sum except with regard to the items in the Bid which
are subject to unit prices.
Contract Price: $_194,572
The Contract Documents which comprise the entire Agreement between City and
Contractor are attached to this Agreement and made a part hereof.
The Contract Documents may only be amended, modified or supplemented as
provided in the General Conditions.
BID NO. 44-02/03
AGREEMENT PAGE 2 OF 3
IN WITNESS WHEREOF the said City has caused this Agreement to be signed by the Mayor of
the City of Miami Beach, Florida and its corporate seal to be affixed, attested by the City Clerk of
the City of Miami Beach and the said Contractor has caused this Agreement to be signed it its name.
Corporate Officer)
Title
iBonnie E Parko
~My Commission CC956338
Expires AuguSt 1 2004
ATTEST:
)F~~AMIBEACH
City Clerk
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
City Attome~ r-...~c- Date
BID NO: No. 44-02/03 CITY OF MIAMI BEACH
DATE: 07/15/03 41
DIVISION 3. LOBBYISTS
Sec. 2-481. Definitions.
The following words, terms and phrases, when used in this division, shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different meaning:
Advisory personnel means the members of those city boards and agencies whose sole or primary
responsibility is to recommend legislation or give advice to the City commissioners.
Autonomous personnel includes but is not limited to the members of the housing authority,
personnel board, pension boards, and such other autonomous or semi-autonomous authorities,
boards and agencies as are entrusted with the day-to-day policy setting, operation and management
of certain defined functions or areas of responsibility.
Commissioners means the mayor and members of the City commission.
Departmental personnel means the City manager, all assistant City managers, all department heads,
the City attorney, chief deputy City attorney and all assistant City attorneys; however, all
departmental personnel when acting in connection with administrative hearings shall not be included
for purposes of this division.
Lobbyist means all persons employed or retained, whether paid or not, by a principal who seeks to
encourage the passage, defeat or modification of any ordinance, resolution, action or decision of any
commissioner; any action, decision, recommendation of any City board or committee; or any action,
decision or recommendation of any personnel defined in any manner in this section, during the time
period of the entire decision-making process on such action, decision or recommendation that
foreseeably will be heard or reviewed by the City commission, or a City board or committee. The
term specifically includes the principal as well as any agent, attorney, officer or employee of a
principal, regardless of whether such lobbying activities fall within the normal scope of employment
of such agent, attorney, officer or employee.
Quasi-judicial personnel means the members of the planning board, the board of adjustment and
such other boards and agencies of the City that perform such quasi-judicial functions. The nuisance
abatement board, special master hearings and administrative hearings shall not be included for
purposes of this division.
(Ord. No. 92-2777, 5~ 1, 2, 3-4-92; Ord. No. 92-2785, 5~ 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: No. 44-02/03 CITY OF MIAMI BEACH
DATE: 07115103 42
(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 ofcommeme 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
for fnS.
(Ord. No. 92-2777, ~ 3, 3-4-92; Ord. No. 92-2785, ~ 3, 6-17-92)
BID NO: No. 44-02/03 CITY OF MIAMI BEACH
DATE: 07/15/03 43
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 o£ adjustment, or other board or committee and has no
other communication with the personnel defined in section 2-481, for the purpose of
self-representation without compensation or reimbursement, whether direct, indirect or
contingent, to express support of or opposition to any item, shall not be required to register
as a lobbyist, including but not limited to those who are members of homeowner or
neighborhood associations. All speakers shall, however, sign up on forms available at the
public hearing. Additionally, any person requested to appear before any city personnel,
board or commission, or any person compelled to answer for or appealing a code violation, a
nuisance abatement board hearing, a special master hearing or an administrative hearing
shall not be required to register, nor shall any agent, attorney, officer or employee of such
person.
(Ord. No. 92-2777, ~ 4, 5, 3-4-92; Ord. No. 92-2785, ~ 4, 5, 6-17-92)
Sec. 2-484. Sign-in logs.
In addition to the registration requirements addressed above, all city departments, including the
offices of the mayor and city commission, the offices of the city manager, and the offices of the city
attorney, shall maintain signed sign-in logs for all noncity employees or personnel for registration
when they meet with any personnel as defined in section 2-481.
(Ord. No. 92-2785, ~ 6, 6-17-92)
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. ~ 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, ~ 6, 3-4-92; Ord. No. 92-2785, ~ 7, 6-17-92)
BID NO: No. 44-02/03 CITY OF MIAMI BEACH
DATE: 07/15/03 44
RESOLUTION NO. 2000-23879
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH REQUIRING THAT CONTRACTORS ADOPT
A CODE OF BUSINESS ETHICS PRIOR TO ENTERING INTO A
CONTRACT WITH THE CITY OF MIAMI BEACH
WHEREAS, the Greater Miami Chamber of Commerce ("GMCC") adopted a
Model Code of Business Ethics (the "Model Code"); and
WHEREAS, the City of Miami Beach is a member of the GMCC; and
WHEREAS, the Model Code, attached hereto as Exhibit A, is a statement of
principles to help gUide decisions and actions based on respect for the importance of
ethical business standards in the community; and
WHEREAS, the GMCC encourages its members to adopt the principles and
practices outlined in the Model Code; and
WHEREAS, the Commission believes that each entity which does business with
the City of M/ami 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 thc 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 conlractor to comply with all
applicable governmental rules and regulations including, among others, the conflict of
interest, lobbying and ethics provisions of the City Code.
Section 2. The Commission urges the Greater Miami Chamber of Commerce
to require that all of its members adopt the Model Code of Business Ethics.
Section 3.
adoption.
This resolution shall become effective immediately upon its
BID NO: No. 44-02/03 CITY OF MIAMI BEACH
DATE: 07/15/03 45
PASSED and ADOPTED this
ATTEST:
CITY CLERK
dayof Ap'rtl 2000
"~YOR
BID NO: No. 44-02/03 CITY OF MIAMI BEACH
DATE: 07/15/03 46
GREATER MIAMI CHAMBER OF COMMERCE
MODEL CODE OF BUSINESS ETHICS
STATEMENT OF PURPOSE
The Greater Miami Chamber of CommerCe ("GMCC") seeks to create and sustain an ethical business
climate for its members and the community by adopting a Code of Business Ethics. The GMCC
encourages its members to incotp~'ate the principles and practices outlined here in their individual
cedes of ethics which will guide their relationships with customers, clients and suppliers. This Medal
Code can and should be prominently displayed at ali business locations and may be incorporated into
marketing materials. The GMCC believes that its members should use this Code as a model I'or the
development of their organizations' business cedes of ethics.
Ths Model Code is · stetemenl otp~inciples 1o help cju~de decisions end a~ons based on respect lot
importance e! ethical busine sa standards in the community. ~'he GMCC bslieves the odoplion el e meenincJlul code
ol ethics is the responsibility of every business end proless~onal organizel~on.
Compliance with Government Rules & ReRulalions
We will properly maintain all records and post all licenses and certificates
in prominent places easily seen by our employees and customers;
In dealing with government agencies and employees, we will conduct business in
accordance with atl applicable rules and regulations and in the open;
We will report 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 of Vendors and Suppliers
We will avoid conflicts of interest and disclose such conflicts when identified;
Gifts which compromise the integrity of a business transaction are unacceptable;
we will not kick bacl( any portion of a contract payment to employees of th.e other
contracting party or accept such a kickback.
Business Accountin,q
All our financial transactions will be properly and fairly recorded in appropriate
books of account, and there wall be no "off Ihe books" transactions or secret
accounts.
Promotion and Sales of Products and Services
Our products will comply with a!l applicable safety and quality standards;
We will promote and advertise our business and its products or services in a
manner which is not misleading and does not falsely disparage our competitors;
Ooin.q Business with the Government
BID NO: No. 44-02/03 CITY OF MIAMI BEACH
DATE: 07/15/03 47
We will conduct business with government agencies and employees in a manner
which avoids even the appearance of impropriety. Efforts to curry political
favoritism are unacceptable;
Our bids will be competitive, appropriate to the bid documents and arrived at
independently;
Any challenges to contracts awarded will have a substantive basis and not be
pursued merely because we are the unsuccessful bidder;
We will, to the beet of our ability, perform government contracts awarded at the
price and under the terms provided for in the contract. We will not submit inflated
invoices for goods provided or services performed under such contracts, and
claims will be made only for work actually performed. We will abide by all
contracting and subcontracting regulations.
We will not, directly or indirectly, offer to give a bribe or otherwise channel
kickbacks from contracle 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.
~ubli~ Life and Political Campaiqne
We encourage all employees to participate in community life. public service and
the political process;
We encourage all employees to recruit, support and elect ethical and qualified
public officials and engage them in dialogue and debate about business and
community issues;
Our contributions to political parties, committees or individuals will only be made
in accordance with applicable law and will comply w~th all requirements for public
disclosure. Ali conlributions mado on behalf of the business must be reported to
senior company management;
We will not contribute to the campaigns of persons who are convicted felons or
those who do not sign the Fair Campaign Practices Ordinance.
We will not knowingly disseminate false campaign information or support those
who do.
Company Name
Corporate Officer
Date
BID NO: No. 44-02/03 CITY OF MIAMI BEACH
DATE: 07/15/03 48
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 CiV/work.
Section 2-397.Purpose of debarment.
(a)
(b)
The City shall solicit offers from, award contracts to, and consent to subcontractors with
responsible contractors only: To effectuate this police, the debarment of contractors from
City work may be undertaken.
The serious nature of debarment requires that this sanction be imposed only when it is in the
public interest for the City's protection, and not for purposes of punishment. Debarment shall
be imposed in accordance with the procedures contained in this ordinance.
Section 2-398.Definitions.
(a)
Affiliates. Business concerns, organizations, lobbyists or other individuals are affiliates of
each other if, directly or indirectly. (I) either one controls or has the power to control the
other, or (ii) a third part controls or has the power to control both. Indicia of control include,
but are not limited to. a fiduciary relation which results from the manifestation of consent by
one individual to another that the other shall act on his behalf and subject to his control, and
consent by the other so to act; interlocking management or ownership; identity of interests
among family members; shared facilities and equipment; common use of employees; or a
business entity organized by a debarred entity, individual, or affiliate following debarment of
a contractor that has the same or similar management, ownership, or principal employees as
the contractor that was debarred or suspended.
BID NO: No. 44-02/03 CITY OF MIAMI BEACH
DATE: 07/15/03 49
(b) Civil judgment means a judgment or finding of a civil offense by any court of competent
jurisdiction.
(c) Contractor means any individual or other legal entity that:
(d)
(e)
(0
(g)
(h)
(I)
(J)
(1) Directly or indirectly (e.g. through an affiliate), submits offers for is awarded,, or
reasonably may be expected to submit offers or be awarded a City contract,
including, but not limited to vendors, suppliers, providers, Bidders, Proposers,
consultants, and/or design professionals, or
(2) Conducts business or reasonable man be expected to conduct business, with the City
as an agent,, representative or subcontractor of another contractor.
Conviction means a judgement or conviction of a criminal offense, be it a felony or
misdemeanor, by any court of competent jurisdiction, whether entered upon a verdict or a
plea. and includes a conviction entered upon a plea of nolo contendere.
Debarment means action taken by the Debarment Committee to exclude a contractor (and. in
limited instances specified in this ordinance, a Bidder or Proposer from City contracting and
City approved subcontracting for a reasonable, specified period as provided in subsection (j)
below: a contractor so excluded is debarred.
Debarment Committee means a group of seven (7) individual members, each appointed by
the Mayor and individual City Commissioners, to evaluate and. if warranted, to impose
debarment,
Preponderance Greater weight of the evidence means proof by information that, compared
with that opposing it, leads to the conclusion that the fact at issue is more probably mae than
not.
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.
Legal proceeding means any civil judicial proceeding to which the City is a party or any
criminal proceeding. The term includes appeals from such proceedings.
List of debarred contractors means a list compiled, maintained and distributed by the City=s
Procurement Offi~:e. containing the names of contractors debarred under the procedures of
this ordinance.
Section 2-399. List of debarred contractors.
(a) The City's Procurement Office. is the agency charged with the implementation of this
ordinance shall:
(1) Compile and maintain a current, consolidated list (List) of all contractors debarred by
City departments, Such List shall be public record and shall be available for public
inspection and dissemination;
BID NO: No. 44-02/03 CITY OF MIAMI BEACH
DATE: 07/15/03 50
(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 depa[hnent
recommending the debarment action.
(c) The City's Procurement Office shall:
(1) In accordance with internal retention procedures maintain records relating to each
debarment;
(2) Establish procedures to provide for the effective use of the List, including internal
distribution thereof to ensure that departments do not solicit offers from, award
contracts to, or consent to subcontracts with contractors on the List; and
(3) Respond to inquiries concerning listed, contractors and coordinate such responses
with the department that recommended the action,
Section 2-400.Effect of debarment.
(a)
Debarred contractors are excluded from receiving contracts, and departments shall not solicit
offers from award contracts to, or consent to subcontracts with these contractors unless the
City Manager determines that an emergency exists justifying such action, and obtains
approval from the Mayor and City Commission, which approval shall be given by 5/Tths
vote of the City Commission at a regularly scheduled City Commission meeting. Debarred
contractors are also excluded from conducting business with the City as agents,
representatives, subcontractors or partners of other contractors.
(b) Debarred contractors are excluded from acting as individual sureties.
BID NO: No. 44-02/03 CITY OF MIAMI BEACH
DATE: 07/15/03
Section 2-401.Continuation of current contracts.
(a)
Commencing on the effective date of this ordinance, all proposed City contracts, as well as
Request for Proposals (RFP). Request for Qualifications (RFO). Requests for Letters of
Interest (RFLI). or bids issued be the City. shall incorporate this ordinance and specify that
debarment may constitute grounds for termination of the contract as well as disqualification
from consideration on any RFP, RFO. RFLI. or bid.
(b)
The debarment shall take effect in accordance with the notice provided by the City Manager
pursuant to subsection 2-405(h) below, except that if a City department has contracts or
subcontracts in existence at the time the contractor was debarred, the debarment period may
commence upon the conclusion of the contract, subject to approval of same be 5/7ths vote of
the Mayor and City Commission at a regularly scheduled meeting.
(c)
City departments may not renew or otherwise extend the duration of current contract or
consent to subcontracts with debarred contractors, unless the City Manager determines that
an emergency exists justifying the renewal or extension or for an approved extension due to
delay or time extension for reasons beyond the contractor's control and such action is
approved by 5/Tths 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 5~7tbs 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 2402(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 2403.Debarment.
(a)
The Debarment Committee may, in the public interest debar a contractor for any of the
causes listed in this ordinance using the procedures outlined below. The existence ora cause
for debarment however, does not necessarily require that the contractor be debarred; the
seriousness of the contractor's acts or omissions and any mitigating factors should be
considered in making any debarment decision.
BID NO: No. 44-02/03 CITY OF MIAMI BEACH
DATE: 07/15/03 52
(b)
Debarment constitutes debarment of all officers, directors, shareholders owning or
controlling twenty-five (25) percent of the stock, parmers, divisions or other organizational
elements of the debarred contractor, unless the debarred decision is limited by its terms to
specific divisions, organizational elements or commodities. The Debarment Committee's
decision includes any existing affiliates of the contractor if they are (I) specifically named
and (ii) given written notice of the proposed 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.
(b) The Committee may debar a contractor, (and, limited instances set forth hereinbelow a
Bidder or Proposer) based upon a preponderance the greater weight of the evidence, for;
(1) Violation of the terms of a City contract or subcontract or a contract or subcontract
funded in whole or in part by City funds such as failure to perform in accordance
with the terms of one (1) or more contracts as certified by the City department
administering the contract; or the failure to perform or unsatisfactorily perform in
accordance with the terms of one (1) or more contracts, as certified by an
independent registered architect engineer or general contractor;
(2) Violation of a City ordinance or administrative order which lists debarment as a
potential penalty;
(3) Any other cause which affects the responsibility of a City contractor or subcontractor
in performing City work.
Section 2-405. Debarment procedures.
(a)
Requests for the debarment of contractors may be initiated by a City Department or by a
citizen-at large and shall be made in writing to the Office of the City Manager. Upon receipt
of a request for debarment, the City Manager shall transmit the request to the Mayor and
City Commission at a regularly scheduled meeting. The Mayor and City Commission shall
transmit the request to a person or persons who shall be charged by the City Commission
with the duty of promptly investigating and preparing a written report(s) concerning the
BID NO: No. 44-02/03 CITY OF MIAMI BEACH
DATE: 07/15/03 53
(b)
proposed debarment, including the cause and grounds for debarment as set forth in this
ordinance.
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
(c)
Notice of proposal to debar. Within ten working days of the Debarment Committee having
received the request for debarment and written report, the City's Procurement Office, on
behalf of the Debarment Committee shall issue a notice of proposed debarment advising the
contractor and any specifically named affiliates, by certified mail. return receipt requested, or
personal service containing the following information:
(1) That debarment is being considered:
(2) The reasons and causes for the proposed debarment in terms sufficient to put the
contractor and any named affiliates on notice of the conduct or transaction(s) upon
which it is based;
(3) That a hearing shall be conducted before the Debarment Committee on a date and
time not less than thirty (30) days after service of the notice. The notice shall also
advise the contractor that it may be represented by an attorney, may present
documentary evidence and verbal testimony, and may cross-examine evidence and
testimony presented against it.
(4) The notice shall also describe the effect of the issuance of the notice of proposed
debarment, and of the potential effect of an actual debarment.
(d)
No later than seven (7) working days, prior to the scheduled hearing date, the contractor
must furnish the City's Procurement Office a list of the defenses the contractor intends to
present at the hearing. If the contractor fails to submit the list, in writing, at least seven (7)
working days prior to the hearing or fails to seek an extension 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 fight to grant or deny an extension of time, and for good cause, may set
aside the waiver to be heard at the hearing, and its decision may only be reviewed upon an
abuse of discretion standard.
(e)
Hearsay evidence shall be admissible at the hearing but shall not form the sole basis for
initiating a debarment procedure nor the sole basis of any determination of debarment. The
hearing shall be transcribed, taped or otherwise recorded by use of a court reporter, at the
election Committee and at the expense of the City. Copies of the hearing tape or transcript
shall be furnished at the expense and request of the requesting party.
(f)
Debarment Committee's decision. In actions based upon a conviction or judgment, or in
which there is no genuine dispute over material facts, the Debarment Committee shall make
a decision on the basis of all the undisputed material information in the administrative
record, including any undisputed, material submissions made by the contractor. Where
actions are based on disputed evidence, the Debarment Committee shall decide what weight
to attach to evidence of record, judge the credibility of witnesses, and base its decision on the
prepondenance greater weight of the evidence standard. The Debarment Committee shall be
BID NO: No. 44-02/03 CITY OF MIAMI BEACH
DATE: 07/15/03 54
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.
(g)
The Committee's decision shall be in writing and shall include the Committee's factual
findings, the principal causes of debarment as enumerated in this ordinance, identification of
the contractor and all named affiliate: affected by the decision, and the specific term,
including duration, of the debarment imposed.
(h) Notice of Debarment Committee's decision.
(1) If the Debarment Committee decides to impose debarment, the City Manager shall
give the contractor and any named affiliates involved written notice by certified mail,
return receipt requested, or hand delivery, within ten (10) working days of the
decision, specifying the reasons for debarment and including a copy of the
Committee's written decision; stating the period of debarment, including effective
dates; and advising that the debarment is effective throughout the City departments.
(2) If debarment is not imposed,the City Manager shall notify the contractor and any
named affiliates involved ,by certified mail. return receipt requested, or personal
service, within ten (10) working days of the decision.
(i)
All decisions of the Debarment Committee shall be final and shall be effective on the date
the notice is signed by the City Manager. Decisions of the Debarment Committee are subject
to review by the Appellate Division of the Circuit Court. A debarred contractor may seek a
stay of the debarment decision in accordance with the Florida Rules of Appellate Procedure.
Section 2-406. Period of debarment.
(a)
The period of debarment imposed shall be within the sole discretion of the Debarment
Committee. Debarment shall be for a period commensurate with the seriousness of the
cause(s), and where applicable, within the guidelines set forth below, but in no event shall
exceed five (5) years.
(b)
The following guidelines in the period of debarment shall apply except where mitigating or
aggravating cimumstances 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;
BID NO: No. 44-02/03 CITY OF MIAMI BEACH
DATE: 07/15/03 55
(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.
(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: No. 44-02/03 CITY OF MIAMI BEACH
DATE: 07/15/03 56
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
BID NO: No. 44-02/03 CITY OF MIAMI BEACH
DATE: 07/15/03 57
award of, a request for proposals ("RFP"), request for qualifications ("RFQ"),
request for letters of interest ("RFLI') or invitation for bid for goods and/or
services ("hereinafter, collectively referred to as the bid") may protest to the
City Manager or his or her designee. Protests arising from the decisions and
votes of 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
BID NO: No. 44-02/03 CITY OF MIAMI BEACH
DATE: 07115/03 58
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.
(d)Authority to Resolve Protests. The City Manager or his or her designee shall have the
authority to settle and resolve a protest concerning the solicitation or award of a
bid.
(e)
(0
(g)
(h)
(i)
(J)
Responsiveness. Prior to any decision being rendered under this Ordinance with
respect to a bid protest, the City Manager and the City Attorney, or their
respective designees, shall certify whether the submission of the bidder to the
bid in question is responsive. The parties to the protest shall be bound by the
determination of the City Manager and the City Attorney with regard to the
ssue o res ons veness
Decision and Appeal Procedures. If the bid protest is not resolved by mutual
agreement, the City Manager and the City Attorney, or their respective
designees, shall promptly issue a decision in writing. The decision shall
specifically state the reasons for the action taken and inform the protestor of his
or her right to challenge the decision. Any person aggrieved by any action or
decision of the City Manager, the City Attorney, or their respective designees,
with regard to any decision rendered under this section may appeal said decision
by filing an original action in the Circuit Court of the Eleventh Judicial Circuit
in and for Miami-Dade County, Florida, in accordance with the applicable court
rules. Any action not brought in good faith shall be subject to sanctions
including damages suffered by the City and attorney's fees incurred by the City
in defense of such wrongful action.
Distribution. A copy of each decision by the City Manager and the City
Attorney shall be mailed or otherwise furnished immediately to the protestor.
Stay of Procurements During Protests. In the event ora 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.
The institution and filing of a protest under this Code is an administrative
remedy that shall be employed prior to the institution and filing of any civil
action against the City concerning the subject matter of the protest.
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.
BID NO: No. 44-02/03 CITY OF MIAMI BEACH
DATE: 07/15/03 59
(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.
(l)
The determinatior~ of the City Manager and the City Attorney with regard to all
procedural and technical matters shall be final.
Section 2. All ordinances, resolutions or parts thereof in conflict herewith be and the
same are hereby repealed.
Section 3. If any section, sentence, clause or phrase of this Ordinance is held to be
invalid or unconstitutional by any court of competent jurisdiction, then said holding shall
in no way affect the validity of the remaining portions of this Ordinance. It is the intention
of the Mayor and City Commission of the City of Miami Beach, and it is hereby ordained
that the provisions of this Ordinance shall become and be made part of the Code of the City
of Miami Beach, Florida, The sections of this Ordinance may be renumbered or relettered
to accomplish such intention, and the word "ordinance" may be changed to "section,"
"article," or other appropriate word.
Section 4. This Ordinance shall take effect ten (10) days after its adoption on the 19th
day of January, 2002.
PASSED on First Reading this 19th day of December ,2001.
ATTEST:
~MAYOR
FOI~& LANOU~
BID NO: No. 44-02/03 CITY OF MIAMI BEACH
DATE: 07/15/03 60
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 and his/her orinCiDal shall, before enoa~inq in any Iobb¥in.q
activities, submit to the City Clerk a ioint s .qned statement under oath disc os nR the terms
and amounts of compensation (to be) paid by each principal to the lobbyist with regard to
the specific issue on which the lobbyist has been enRa.qed.~tn '~-llnhh~' e,,',..k, ..... ~'."'";"""'h"~l,. '--~--" ..~'~"""1,.,,
,..k,..,;~, .-.. ~.- ........ '*' +" '"~'~"' If no compensation has or will be paid concerninR the
subiect lobby services, a statement shall nonetheless be filed refiectinR as such.
BID NO: No. 44-02/03 CITY OF MIAMI BEACH
DATE: 07/15/03 61
Any change to information originally filed shall require that the lobbyist (or and
principal under subsection (b) above) file, within three business days from such
chanaed circumstances, a~ame~w~ sioned statement underoath amendinR
to-the above-referenced reports; additionally, in the event official action on the
sDeciflc lObbied issue is scheduled to occur durin(~ said three day ~>eriod. the
lobbyist and principal shall. Ddor to said official action, further disclose the
amendment bv publicly statino on the record at which the official action is tQ
or.~vr the subiect amendment. The lobbyist (e~ and principal) has have 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.
~ (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.
,.,/'~ (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
BID NO: No. 44-02/03 CITY OF MIAMI BEACH
DATE: 07/15/03 62
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 appropriate word.
SECTION 5.
EFFECTIVE DATE
This Ordinance shall take effect 18th day of May, 2002.
PASSED and ADOPTED on Second Reading this 8t._b.h day of May, 2002.
A~'~EST:
CITY CLERK
(Requested by Commissioner Matti Bower and Co-sponsored by Commissioner Simon
Cruz, Jose Smith and Richard Steinberg)
reflects changes between first and second reading.
JKO"&'w
F:ATTO~OM J~;[ES-ORD~2-485.ORD.DOC
APPROVED AS TO
FOP~ & LANOUAOE
BID NO: No. 44-02/03 CITY OF MIAMI BEACH
DATE: 07/15/03 63
ORDINANCE NO. 2003-34].3
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, IMPLEMENTING PROCEDURES TO PROVIDE
LOCAL PREFERENCE TO MIAMI BEACH-BASED VENDORS IN THE
AWARD OF CONTRACTS FOR GOODS AND GENERAL SERVICES, BY
AMENDING CHAPTER 2 OF THE CODE OF THE CITY OF MIAMI BEACH
ENTITLED, "ADMINISTRATION," BY AMENDING ARTICLE VI THEREOF
ENTITLED, "PROCUREMENT,' BY AMENDING DIVISION 3 ENTITLED,
"CONTRACT PROCEDURES," BY CREATING SECTION 2-372; PROVIDING
FOR CODIFICATION, REPEALER, SEVERABILITY, AND AN EFFECTIVE
DATE.
WHEREAS, pursuant to Section 287.084, Flodda Statutes, entitled Preference to
FIo#da businesses, municipalities may award a preference to the lowest responsible
bidder having a principal place of business within this state; and
WHEREAS, a local preference to Miami Beach-based vendors will recycle public
funds back into the local economy; and
WHEREAS, Miami Beach-based vendors, as taxpayers, have given to the
community by providing economic development and creating employment
opportunities; and
WHEREAS, a local preference to Miami Beach-based vendors would help the
local economy by providing an infusion of capital into locally-based businesses, thus
providing greater relief to the City's businesses and the resident workforce; and
WHEREAS, a local preference ordinance will not resuR in the City paying more
for goods and services, since it provides Miami Beach-based vendors with the
opportunity of providing the goods and services at the same cost as the lowest bid
received; and
WHEREAS, the basic tenet of public procurement of ensudng maximdm
competition will remain intact by requiring competitive bids.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA as follows:
SECTION 1: That Chapter 2, Article VI, Division 3 of the Miami Beach City Code is
hereby amended creating a new section 2-372 as follows:
BID NO: No. 44-.02/03 CITY OF MIAMI BEACH
DATE: 07/15/03 64
ARTICLI[; VI. PROCUREMENT
DIVISION 3. (~NTRACT PROCEDURES
Se(:. 2472. Prpr,,edure to provide preference t~ Miami Beach.based vendors In
contracts for ~:lOOda and flenersl services.
(1) Definitions. For purp~)~e~ of this section ortly, the followino definitions shall
apply:
(a) B/d shall mean a competitive bid procedure established throuah the issuance
0f {an Invitation to bid. The term "bid,' as used herein, shall not include
requests for proposals, reouests for oualif'mations, re{iyests for letters of
interest, or the ~Qli{;itption of purchase order~ based on oral or written
quotations.
(b) General services means support services Derforrned bv an independent
contractor requIrinq specialized knowledce, experience, or expertise that
includes, but is not limited to, pest control, ianitorial, laundry, caterinf:h
Security, lawn maintenance and maintenance of equipment, framino, and film
development.
(c) Goods includes, but is not limited to, supplies, eauipment, materials and
printed matter.
(d) Miami Beach-based vendor means a bidder that has a valid occupational
license issued by the City of Miami BeP~h, which authorizes said vendor to
provide the subject ooods an(I/or ~ervices, end has its heedouarters In the
City, or has e place of business located In the City at which it will produce the
floods or perfQrm the .~ervices to be oumhased. The City Mana(3er shall
pdministr~ll;iv~ly resolve {any issues relatino to a vendor's status as a Miami
Beach-based vendor, and his decision on whether a vendor is a Miami
Beach-based vendor shall be final.
Exemptions.
(a) The provisions of this section, shall not ao~)lv, and no local preference shall
b~ aqcorded hereunder, to bids or ProPosal procedures for professional
services, which are defined, for gurg~se~ 9f this section, as any services
where the City is obtaining! advice, instruction, or specialized work from an
individual, firm. or comoration specifically aualifled in a particular area. and
also those services procured pursuant to Section 287.055. Florida Statutes.
BID NO: No. 44-02/03 CITY OF MIAMI BEACH
DATE: 07/15/03 65
(b) The provisions of this section shall not al3ply, and no local preference shall be
accorded hereunder, to bids and/or the solicitation or proposed awa~ of .~
purchase order based on an oral or wdtten Cluotation for the purchase of. o,
cor,~ract for, the construction/renovation of public buildinqs, facilities, oubli,.
works, or other public capital construction proiects.
(3) Preference ~n purchase of ¢7oods or oeneral services. Except where federal or state
law mandates to the Coc~f. rarv, in the purchase of qoods or .qeneral services by means
a competitive bid, a preference will be .q yen to a responsive and responsible Miami
Bead;h-be. sod vendor, who is within 5% of the lowest and best bidder, an opportunity or
provldino said ooods or ;leneral services for the lowest responsive bid amount.
(4) Whenever. as a result of the foreqoino preference, the adlusted prices of two (2) or
more Miami Beach-based vendors ¢onstitute the lowest bid for a competitively b;d
puns:base, and such bids are resDonslve and otherwise equal with respect lo quality and
~ervi;e, then the award ;hall be made to the Miami Beach-based vendor havin~ thu
~e~test nvmber of its employees that are Miami Beach residents.
(5) Whenever, two (2) or more Miami Beach-based vendor~ have the same number of
its employ'sss that are Miami Beach residents, then the award shall be made to
Miami Beach-based vendor who is certified by Miami-Dado County as a Minority o,
Women Business Enterprise.
(6) Compa~fson of qualifications. The preferences established herein in no way prohibit
the riqht of the City Mana.qer and/or the Mayor and City Commission, as applicable, tv
compare quality of materials oronosed for purchase and compare clualifica~ions.
character, responsibility and fitness of all person, firms or corporations submittin(~ bids.
Further, the p, ui'erences established herein in no way prohibit the riclht of the City
Mana.qer and/or the Mayor and City Commission, as applicable, from =lvinc; any othc. r
preference permitted by law instead of the preferences ,qranted herein.
SECTION 2. CODIFICATION.
It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is
hereby ordained that the provisions of this ordinance shall become and be made part of
the Code of the City of Miami Beach, Florida, The sections of this.ordinance may be
renumbered or relettered to accomplish such intention, and the word "ordinance' may
be changed to "section", "article", or other appropriate word.
~ECTION 3. REPEALER.
All ordinances or parts of ordinances in conflict herewith be and the same are hereby
repealed.
BID NO: No. 44-02/03 CITY OF MIAMI BEACH
DATE: 07/15/03 66
SECTION 4. SEVERABILrI'Y:
If any section, subsection, sentence, clause, phrase or portion of this Ordinance is, for
any reason, held invalid or unconstitutional, such portion shall be deemed a separate,
distinct and independent provision and such holding shall not affect the valldily or
constitutionality of the remaining portions of this Ordinance.
SECTION 5. EFFECTIVE DATE,
This Ordinance shall take effect on the
which is 10 days after adoption.
PASSED and ADOPTED this 11th
· 'City Clerk
21sc day of June , 2003,
day of :uae ,2003.
Letters or numbers that are stricken through are deletions from existing
ordinance.
Letters or numbers that are underlined are additions to existing ordinance.
T:~a~GENDAt,?.003~apr0903tmgular~LocalP reference.doc
BID NO: No. 44-02/03 CITY OF MIAMI BEACH
DATE: 07/15/03 67
Page 1 of 1
Parcher, Robert
From: Parcher, Robert
Sent: Monday, January 12, 2004 9:11 AM
To: Lopez, Gus
Subject: United Rentals Aerial Equipment Agreement
Gus, the Commission approved $208,483.70. The contract has $209,320.00.
Thanks
Let me know how to handle.
November 25, 2003
C2A Request For Approval To Award A Contract To United Rentals Aerial Equipment And A Purchase Order To
Sunbelt Rentals, And Gold Coast Hi-Lift, Inc., In The Total Amount Of $208,483.70, Pursuant To Invitation To Bid
No. 44-02/03, For The Purchase Of Heavy Equipment For The Miami Beach Convention Center And Jackie
Gleason Theater Of The Performing Arts.
(Convention Center)
ACTION: Award approved. Gus Lopez to issue Purchase Orders. Christina Cuervo to handle.
Robert Parcher
City Clerk
City of Miami Beach
(305)673-7411
Miami ~ech
2003
1/12/2004
Page 1 of 2
Ellis, John
From: Lopez, Gus
Sent: Monday, January 12, 2004 1:36 PM
To: Tem3
Cc: Ellis, John
Subject: FVV: United Rentals Aerial Equipment Agreement
Jane,
Please pick-up contract books for the above subject from the City Clerk's office.
Thanks.
.... -Original Mes~ge .....
From: Lopez, Gus
Sent: Monday, 3anuary 12, 2004 1:36 PM
To: Parcher, Robert
Cc: Ellis, .~ohn
Subject: FW: United Rentals Aerial Equipment Agreement
Bob,
The correct amount is $208,483.70. I'I1 ask someone to pick-up the contract books so that we
may make the necessary corrections and obtain the contractor's initials.
Thanks.
.... -Original Message .....
From: Ellis, 3ohn
Sent: Monday, January 12, 200~4 10:27 AM
To: Lope. z, Gus ~ '- --~__
Su~~~i~i~~L m ent Ag ree m ent ~
/' ~ho~ United Rer~tals is $194,572. The ~dditional $1~3,911.7~0 is the total foi~two
~" (~.~urchase Order~fo[ a total of $2%483.70 approve~/~/the Commissioni~ )-
~ .... -Original Message ..... ~ ~ ~
~ From: Lopez, Gus ~
~ Sent: Monday, January :[2, 2004 9:54 AM ~
John
Subj~ Rentals Aerial Equipment Agreement ~
John,
Is it $208,483.70 or $209,320? (see Parcher's e-mail below)
additional
1/12/2004
We will conduct business with government agencies and employees in a manner
which avoids even the appearance of impropriety. Efforts to curry political
I'avoHtism are unacceptable;
Our bids will be competilive, appropriate to the bM documents and arrived at
independently;
Any challenges to contract, s awarded will have a substantive basis and not be
pursued merely because we are the unsuccessful bidder;
We will, to the best of our ability, perform government contracts awarded at the
price and under the terms provided for in the contract. We will not submit inflate~
invoices for goods provided or services pedormed under such contracts, and
claims will be made only for work actually performed. We will abide by all
contracting and subcontracting regul=tions.
We will not, dtrectly or indirectly, offer to give a bribe or othenNise channel
kickbacks from contracts awarded, to government olficials, their family members
or business associates.
We will not seek or expect preferential treatment on bids based on our
participation in political campaigns.
publi¢~ Life and Political Campaiqns
We encourage all employees to participate in community life, public service and
the political process;
We encourage all employees to recruit, support and elect ethical and qualified
public officials and engage them in dialogue and debate about business and
community issues;
Our contributions to political parties, committees or individuals will only be made
in accordance with applicable law and will comply w~th all requirements for public
discl0suce. ,All contributions made on behal! o! the business must be reported to
senior company management;
We will not contribute to the campaigns of persons who are convicted felons or
those who do not sign the Fair Campaign Practices Ordinance.
We will not knowingly disseminate false campaign information or support those
who do.
Company Name
Corporate Officer
Date
BID NO: No. 44-02/03 CITY OF MIAMI BEACH
DATE: 07/15/03 48