Condo Electric Motor RepairCITY CLERK
INVITATION FOR BIDS
ELECTRIC MOTOR REWIND AND REPAIR
SERVICES
BID #47-02/03
BID OPENING: SEPTEMBER 12, 2003 AT 3:00 P.M.
Gus Lopez, CPPO, Procurement Director
City of Miami Beach - Procurement Division
1700 COnvention Center Drive
Miami Beach, FL 33139
F:~PURC~$ALL~Boiler Plate Bid~bidtemplate 1.doc
BID NO: No. 4742/03 cITY OF MIAMI BEACH
DATE: 08/15/03 I
CITY OF MIAMI BEACH
1700 CONVENTION CENTER DRIVE, MIAMI BEACH, FLOR DA 33139
http:\~ci.mia mi-beach .fi.us
PROCUREMENT DIVISION
INVITATION TO BID NO. 4%02/03
ADDENDUM NO. 2
September 11, 2003
Telephone (305) 673-7490
Facsimile (305) 673-7851
ELECTRIC MOTOR REWIND AND REPAIR SERVICES The following Questions
addressed as follows:
A
Who will be the individuals deciding the awarded responsive and responsible
bidders (vendors)?
The Contract award(s) will be made by the City Commission to the lowest and best
bidders(s) pursuant to section 2-369 of the Miami Beach City Code. The decision
relative to a bidder's responsiveness is conducted by the Procurement Division and
the CityAttorney's Office. The decision relative to responsible bidder will be made by
conducting reference checks, and if warranted, a site visit may be made to the
Bidder's location.
If there is a multiple award who and how will jobs be awarded?
The City reserves the right to make multiple awards as deemed in the City's best
interest.
Is the bid only for the City of Miami Beach Public Works?
No. It's a City-wide bid whereby any City department that may have the need to
purchase the goods or services may do so.
We have two (2) Condo Electric Companies in Miami-Dade County, one of the
companies sells new products and the other company does repairs, can both
Companies submit bids in order to provide repairs and new products? (The
companies have different Federal I.D. numbers).
Condo Electric Company or any other bidder with multiple companies may submit one
bid, which complies with the terms, conditions and requirements of this bid.
Will the unusual or wrongful suspension of Condo Electric companies by Mr.
Nathan Pope and Mike Alvarez have any bearing on how Condo companies are
evaluated for this bid?
Any and all bids will be evaluated in an open, fair and competitive process.
Proposers are required to acknowledge this addendum on page 45 of their proposals or may
be deemed non-responsive.
CITY OF MIAMI BEACH
I,
Gus Lopez, CPPO
Procurement Director
ao
CITY OF MIAMI BEACH
1700 CONVENTION CENTER DRIVE, MIAMI BEACH, FLORIDA 33139
http:~cLmiami-beach.fl.us
PROCUREMENT DIVISION
INVITATION TO BID NO. 47-02/03
ADDENDUM NO. 1
August 29, 2003
Telephone (305) 673-7490
Facsimile (305) 673-785t
ELECTRIC MOTOR REWIND AND REPAIR SERVICES is amended as follows:
The Bid Opening date is changed from September 12, 2003 to September 19, 2003 at 3:00
P.M.
II.
Please note the changes on pages 41 and 4lA, ali Bidders must ensure that they certify
these pages.
III.
If a Bidder checks "NO" on page 41 or page 4lA, Bidder must provide the
reason/explanation as to why they can not meet the minimum requirements.
IV. The City will not be pre-Qualifying Shops.
Please replace the pages in your Bid with pages 41 and 4lA.
Proposers are required to acknowledge this addendum or may be deemed non-responsive.
CITY OF MIAMI BEACH
Gus Lopez, cPPO ~
Procurement Director"
ao
5.1
ELECTRIC MOTOR REWIND AND REPAIR SERVICE
BID # 47-02/03
MINIMUM SPECIFICATIONS (CONT.)
**In order to be awarded a contract as a result of this Bid, Bidder MUST meet the minimum
requirements listed below. **
Bid Proposal Page I of 5
· Ability to trace, monitors, and log all repair work.
· Bearings used shall be FAG or SKF only.
VPI required on form coil jobs.
· Magnet wire type inverter rated wire.
Varnish to be solvent free UL (United Listing) approved.
Motor shop must be UL (United Listing) certified.
· 2300/4160-volt test panel on site.
· Motor shop must have Department Environmental Regulation
Management (DERM) certified paint booth.
· Motor shop must have DERM certificated pollution control.
· Motor shop must have DERM certified wastewater treatment.
· Fully enclosed dust free sand blast facilities
with minimum of 350 cubic feet.
· Rewind area must be a clean air-conditioned/good
Ventilated environment.
· All machines welding must be TIG or spray welding.
YES NO
BID NO 47-02/03 CITY OF MIAMI BEACH
Date: 08/28/03 41
ELECTRIC MOTOR REWIND AND REPAIR SERVICE
BID # 47-02103
3.1 MINIMUM SPECIFICATIONS (CONT.)
Must have a lathe with at least 48"
Swing 120" between centers.
· One year past history of varnish test certificates on file.
· Motor shop must have dynamic balance and
Trim balance capabilities.
YES NO
(insert your company
I hereby certified that
name), meet the entire minimum requirements listed in Section 3.1, on pages 41 and 4lA as amended.
Furthermore, I understand that the City reserves the right to visit and inspect my facility to ensure
compliance with the minimum requirement as stated herein.
BID NO 47-02/03 CITY OF MIAMI BEACH
Date: 08128/03 4lA
CITY OF MIAMI BEACH
COMMISSION ITEM SUMMARY
Condensed Title:
IRequest For Approval to Award Contracts to Condo Electric Repair Inc. and TAW Miami Service Center,
Pursuant to Invitation to Bid No. 47-02/03, for the Electric Motor Rewind and Repair Services in the
Estimated Annual Amount Of $300,000.
Shall the City Commission Award Contracts to Condo Electric Motor Inc. and TAW Miami Service
Item Summary/Recommendation:
The work specified in the Bid consists of furnishing all labor, machinery, tools, means of [~-a~sportation,
supplies, equipment, materials and services necessary for the repair and replacement of various types of
electric motors on an as-needed basis. The repair services to be provided, are the rewinding of stators and
rotors, replacements of bearings and seals, complete motor repair, rewinding of transformers, machining,
crane service, and additional services when required. Additionally, the Bid Specifications allow for the
acquisition of new motors, the pumhase of repair or replacement of parts, and repair services in the field or
in the bidders' shop, as determined by the City.
As part of the requirements of the Bid, bidders were required to comply with a checklist of minimum
qualification requirements, which indicates that their shops meet or exceed the minimum industry
standards. This resulted in the following two bidders meeting all necessary requirements and they ars:
1) Condo Electric Motor Repair, Inc.
2) TAW Miami Service Center
Advisory Board Recommendation:
Financial Information:
Funds: ~ ?i~ $75,000 425.0410.000.342
~?, ':.~[~i~$100,000 425.0420.000,342
,~. ~, ~,~ $125,000 191.4400.000.481
Finance Dept. ,:~ ...... $300,000
/1
City Clerk's Office Legislative Tracking:
I GUS Lopez, Ext.6641 ~
S n-Offs:
TAAG ENDA~2004\Feb0404\Consent\ITB47-O2-03MOTORREPAIR summary.doc~
AGENDA~EM ~"~
DATE ~-~'~
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33138
www.miamlbeachfl.gov
To:
From:
Subject:
COMMISSION MEMORANDUM
Mayor David Dermer and
Members of the City Commission
Jorge M. Gonzalez ~.-~
City Manager
REQUEST FOR APPROVAL TO AWARD CONTRACTS TO CONDO
ELECTRIC MOTOR REPAIR INC, AND TAW MIAMI SERVICE CENTER.,
PURSUANT TO INVITATION TO BID NO. 47-02/03 FOR THE ELECTRIC
MOTOR REWIND AND REPAIR SERVICES IN THE ESTIMATED ANNUAL
AMOUNT OF $300,000.
Date: February 4, 2004
ADMINISTRATION RECOMMENDATION
Approve the Award.
FUNDING
$75,000
$100,000
$125,000
Funding is available from the following Public Works Account Numbers:
Account No. 425.0410.000.342
Account No. 425.0420.000.342
Account No. 191,4400,000,481
ANALYSIS
The purpose of this Invitation to Bid No. 47-02/03 (the "Bid") is to establish a contract, by
means of sealed bids, to the lowest and best bidder(s) for the electric motor rewind and
repair services, on an as needed basis.
The work specified in the Bid consists of furnishing all labor, machinery, tools, means of
transportation, supplies, equipment, materials and services necessary for the repair and
replacement of various types of electric motors on an as-needed basis. The repair services
to be provided aro the rewinding of stators and rotors, replacements of bearings and seals,
complete motor repair, rewinding of transformers, machining, crane services, and additional
services when required. Additionally, the Bid Specifications allows forthe acquisition of new
motors, the purchase of repair or replacement of parts, and repair services in the field or in
the bidders' shop, as determined by the City.
The Bid was issued on August 18, 2003, with an opening date of September 19, 2003. A
pro-bid conference was held on August 27, 2003. BidNet~) issued bid notices to 10
prospective bidders, resulting in six (6) vendors requesting bid packages, which resulted in
the receipt of two (2) responsive bids, and four (4) non-responsive bids.
Commission Memorandum
ITB-47-02/03
Page 2
ANALYSIS (cont.)
As part of the Bid requirements, bidders were required to comply with a minimum
qualifications requirement that required their shops to meet or exceed the minimum industry
standards. This resulted in the following 2 bidders meeting all necessary qualification
requirements:
1) Condo Electric Motor Repair, Inc.
2) TAW Miami Service Center
These qualified bidders will be required to provide quotes for each motor for rewind and/or
repair, on an as needed basis. Each work order will be awarded to the bidders' that provides
the lowest and best quote.
All Public Works motors are Underwriters Laboratories (UL), and must be repaired by an
approved UL certified shop. The following bidders were deemed non-responsive for not
being UL certified:
1)
2)
3)
FGM Electdc Co.
Miami Industrial Motor Inc.
TAC Armature and Pumps.
In addition to the three (3) firms listed above, Electrix USA, Inc. was deemed non-
responsive, for not meeting the warranty requirement of Section 2.17, entitled "Warranty",
which states that the successful bidder will be required to warranty all work performed for a
minimum of 1 year. Additionally, minimum specification Number 17, requires that the
warranty shall include all labor for a minimum of 1 year from the date of installation.
The tabulated results of the responsive bidders ara attached (See Attachment #'1) with
the not to exceed houdy labor rates of the various types of repair required (See
Attachment #2). Historically, on the open-market (without formal competitive bidding),
the City has paid labor rates between $22.00 and $24.00 per hour.
References have been checked by Procurement staff, Condo Electric Motor Repair, Inc, and
TAW Miami Service Center, both came highly recommended. Pursuant to the reference
checks, the information provided indicates that these Companies provide quality work and
completes all jobs within the required completion dates.
Public Works conducted a site visit to Condo Electdc Motor Repair, Inc, and TAW Miami
Service Center to ensure compliance with the minimum qualification requirements as
stated in the Bid, and determined that the 2 bidders met the minimum qualification
requirements.
Commission Memorandum
ITB-47-02/03
Page 3
The contract term will become effective upon execution of contract book, and will expire on
December 31, 2004. Provided bidders will agree to maintain the same price, terms and
conditions of the current contract, the contracts may be extended for an additional two (2)
years, on a year-to-year basis.
CONCLUSION
The Administration recommends that contracts be awarded to Condo Electdc Motor Repair
Inc., and TAW Miami Service Center, pursuant to Bid No. 47-02/03, for the electric motor
rewind and repair services in the estimated annual amount of $300,000.
T:~AG ENDA~2004\Feb0404\Consent~47-02-03ComrnMemomotorrewind.doc
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CITY OF MIAMI BEACH
t700 CONVENTION CENTER DRIVE, MIAJ~I BEACH, FLORIDA 33139
http:'~www, mlamlbeachfl.gov
PROCUREMENT DIVISION
PUBLIC NOTICE
INVITATION TO BID NO. 47.02103
Telephone (305) 673.7490
Facsimile (3OS) 673-7851
Scaled bids will be received by the City of Miami Beach Procurement Director, 3rd Floor, 1700
Convention Center Drive, Miami Beach, Florida 33139, until 3:00 p.m. on the 12~ day of
September 2003 for:
ELECTRIC MOTOR REWlND AND REPAIR SERVICE
Scope of Work: The work specified in this bid consists of furnishing all labor, machinery, tools,
means of transportation, supplies, equipment, materials and services necessary for the repair and
replacement of various types of electric motors on an as-needed basis. The repair services to be
provided are the rewinding of stators and rotors, replacements of bearings and seals, complete motor
repair, rewinding of transformers, machining, crane service and additional services when required.
This Specification cover the acquisition of new motors, the purchase of repair or replacement parts
for the various makes and models of motors as utilized within thc City of Miami Beach, and repair
services, in the field or in the bidders shop, as needed, when required by the City.
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 thc stated time and date is solely and strictly the responsibility of the
bidder/proposer. The City is not responsible for delays caused by mail, courier service, including
U,S. Mail, or any other occurrence.
A Pre-Bid Conference wffi be held at 10:00 a.m. on Augnst 27, 2003 at the City of Miami Beach
City Hall, in the First Floor Conference Room, located on the First Floor at 1700 Convention
Center Drive, Miami Beach, Florida 33139.
Attendance at the Prebid Conference is highly encouraged and recommended as a source of
information but is not mandatory.
Estimate: 300,000.00
Bid Guaranty,: N/A
The City of Miami Beach has contracted with BidNet and has begun utilizing a new central bid
notification system created exclusively for state and local agencies located in South Florida. Created
in conjunction with BidNet(r), this new South Florida Purchasing system has replaced the
DemandStar system and allow vendors to register online and receive notification of new bids,
BID NO: No. 47-02/03 CITY OF MIAMI BEACH
DATE: 08/15/03 2
amendments and awards. Vendors with Interact access should review the registration options at the
following website: <http://wv~v.govbids.com/scripts/southflorida/public/homel.asp.>
w~x~v, govbids.com/scripts/southflorida/public/homel..asp- If you do not have Interact access, please
call the BidNet(r) support group at 800-677-1997 extension # 214.
Any questions or clarifications concerning this Bid shall be submitted in writing by mail or facsimile
to the Procurement Division, 1700 Convention Center Drive, Miami Beach, FL 33139, or FAX:
(305) 673-7851. The Bid title/number shall be referenced on all correspondence. All questions must
be received no later than ten (10) calendar days prior to the scheduled Bid opening date. All
responses to questions/clarifications will be sent to all prospective bidders in the form of an
addendum.
The City of Miami Beach reserves the fight 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 CLERI~
YOU ARE HEREBY ADVISED THAT THIS INVITATION TO BID IS SUBJECT TO THE
"CODE OF BUSINESS ETHICS" ("CODE"), IN ACCORDANCE WITH RESOLUTION NO.
2000-23879.
YOU ARE HEREBY ADVISED THAT THIS REQUEST FOR BID IS SUBJECT TO THE
CAMPAIGN CONTRIBUTIONS BY VENDORS ORDINANCE NO. 2003-3389.
YOU ARE HEREBY ADVISED THAT THIS INVITATION TO BID IS SUBJECT TO THE
CITY OF MIAMI BEACH DEBARMENT ORDINANCE NO. 2000-3234.
YOU ARE HEREBY ADVISED THAT THIS INVITATION TO BID IS SUBJECT TO THE
BID SOLICITATION PROTEST ORDINANCE NO. 2002-33~-~--
YOU ARE HEREBY ADVISED THAT THIS INVITATION TO BID IS SUBJECT TO THE
CITY OF MIAMI BEACH LOBBYIST FEES DISCLOSURE ORDINANCE NO. 2002-3363.
BID NO: No. 47-02/03 CITY OF MIAMI BEACH
DATE: 08/15/03 3
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.
YOU ARE HEREBY ADVISED THAT THIS BID SOLICITATION IS SUBJECT TO THE
LIVING WAGE ORDINANCE NO. 2001-3301. ALL EMPLOYEES WHO PROVIDE
SERVICES COVERED BY THE BID, SHALL BE PAID A LIVING WAGE OF NO LESS
THAN $8.56 AN HOUR WITH HEALTH BENEFITS, OR A LIVING WAGE OF NO LESS
THAN $9.81 AN HOUR WITHOUT HEALTH BENEFITS.
CITY OF MIAMI BEACH
Gus Lopez, CPPO
Procurement Director
BID NO: No. 47-02/03 CITY OF MIAMI BEACH
DATE: 08/15/03 4
CITY OF MIAMI BEACH
1700 CONVENTION CENTER DRIVE, MIAMI BEACH, FLORIDA 33139
http:¥~www, miamibeachfl.gov
PROCUREMENT DIVISION
Facsimile (31~J)
NOTICE TO PROSPECTIVE BIDDERS
NO BID
If not submitting a bid at this time, please detach this
complete the information requested, and return to the
documents,
above.
NO BID SUBMITTED FOR REASON(S) CHECKED
INDICATED:
Our company does not handle this
We cannot meet the specifications nor' ~ an alternate equal product.
Our company is simply not
at this time.
~ t
Due to prior commitments, I w~/unablc o attend pre-proposal meeting.
~t rfu rtu c bids for the type or
Pr°duct_-f. nd/qr se~ice- /
Signature:
Title:
Company;' /
?
Note: FailUre to respond, either by submitting a bid or this completed form, may result in your
c,~npany being removed from the City's bid list.
/
/
/
BID NO: No. 47412/03 CITY OF MIAMI BEACH
DATE: 08/15/03 5
ELECTRIC MOTOR REWIND AND REPAIR SERVICE
BID # 47-02/03
1.0 GENERAL CONDITIONS
1.1
SEALED BIDS:
Original copy of Bid Form as well as any other pertinent documents must be returned in
order for the bid to be considered for award. All bids are subject to the conditions specified
hereon and on the attached Special Conditions, Specifications and Bid Form.
The completed bid must be submitted in a sealed envelope clearly marked with the Bid Title
to the City of Miami Beach Procurement Division, 3rd floor, 1700 Convention Center Drive,
Miami Beach, Florida 33139. Facsimile bids will not be accepted.
1.2
EXECUTION OF BID:
Bid must contain a manual signature of an authorized representative in the space provided on
the Bid Form. Failure to properly sign bid shall invalidate same and it shall NOT be
considered for award. All bids must be completed in pen and ink or typewritten. No
erasures are permitted. If a correction is necessary, draw a single line through the entered
figure and enter the corrected figure above it. Corrections must be initialed by the person
signing the bid. Any illegible entries, pencil bids or corrections not initialed will not be
tabulated. The original bid conditions and specifications CANNOT be changed or altered in
any way. Altered bids will not be considered. Clarification of bid submitted shall be in
letter form, signed by bidders and attached to the bid.
NO BID:
If not submitting a bid, respond by returning the enclosed bid fo~ra questionnaire, and
explain the reason. Repeated failure to bid without sufficient justification shall be cause for
removal of a suppliers name from the bid mailing list.
1.4
PRICES QUOTED:
Deduct trade discounts and quote firm net prices. Give both unit price and extended total,
when requested. Prices must be stated in units of quantity specified in the bidding
specifications. In ca.se of discrepancy in computing the amount of the bid, the UNIT PRICE
quoted will govctrl. 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. 47-02/03 CITY OF MIAMI BEACH
DATE: 08/15/03 6
1.6
1.7
1.8
1.9
1.10
ELECTRIC MOTOR REWIND AND REPAIR SERVICE
BID # 47-02/03
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.
CONDmON 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 stanford
commercial packaging.
UNDERWRITERS' LABORATORIES:
Unless otherwise stipulated in the bid, all manufactured items and fabricated assemblies shall
be U.L. listed or re-examination listing where such has been established by U.L. for the
item(s) offered and furnished.
BIDDER'S CONDITIONS:
The City Commission reserves the right to waive irregularities or technicalities in bids or to
reject all bids or any part of any bid they deem necessary for the best interest of the City of
Miami Beach, FL.
EQUIVALENTS:
If bidder offers makes of equipment or brands of supplies other than those specified in the
following, he must so indicate on his bid. Specific article(s) of equipment/supplies shall
conform in quality, design and construction with all published claims of the manufacturer.
Brand Names: Catalog numbers, manufacturers' and brand names, when listed, are
informational guides as to a standard of acceptable product quality level only and should not
be construed as an endorsement or a product limitation of recognized and legitimate
manufacturers. Bidders shall formally substantiate and verify that product(s) offered
conform with or exceed quality as listed in the specifications.
Bidder shall indicate on the bid form the manufacturer's name and number if bidding other
than the specified brands, and shall indicate ANY deviation from the specifications as listed.
Other than specified items offered requires complete descriptive technical literature marked
to indicate detail(s) conformance with specifications and MUST BE INCLUDED WITH
THE BID. NO BIDS WILL BE CONSIDERED WITHOUT THIS DATA.
Lacking any written indication of intent to quote an alternate brand or model number, the bid
will be considered as a bid in complete compliance with the specifications as listed on the
attached form.
1.11 (NOT USED)
1.12 (NOT USED)
BID NO: No. 47-02/03 CITY OF MIAM1 BEACH
DATE: 08/15/03 7
1.13
1.14
ELECTRIC MOTOR REWIND AND REPAIR SERVICE
BID # 47-02/03
NON-CONFORMANCE TO CONTRACT CONDITIONS:
Items may be tested for compliance with specifications. Item delivered, not conforming to
specifications, may be rejected and returned at vendor's expense. These items and items not
delivered as per delivery date in bid and/or purchase order may be purchased on the open
market. Any increase in cost may be charged against thc bidder. Any violation of these
stipulations may also result in:
A) Vendor's name being removed from the vendor list.
B) All depa~taxents being advised not to do business with vendor.
SAMPLES:
Samples of items, when required, must be furnished free of expense and, ff 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 biddffs
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.
LIS 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 thc buyer unless loss or damage result from negligence by the buyer.
If the materials or services supplied to the City are found to be defective or not conform to
specifications, the City reserves the right to cancel the order upon written notice to the seller
and return product at bidder's expense.
BID NO: No. 47-02/03 CITY OF MIAMI BEACH
DATE: 08/15/03 8
ELECTRIC MOTOR REWIND AND REPAIR SERVICE
BID # 47-02/03
1.21 PAYMENT:
Payment will be made by the City after the items awarded to a vendor have been received,
inspected, and found to comply with award' specifications, free of damage or defect and
properly invoiced.
1.22 DISPUTES:
In case of any doubt or difference of opinion as to the items to be furnished hereunder, the
decision of the City shall be final and binding on both parties.
1.23 LEGAL REQUIREMENTS:
Federal, State, county and city laws, ordinances, rules and regulations that in any manner
affect the items covered herein apply. Lack of knowledge by the bidder will in no way be a
cause for relief from responsibility.
1.24 (NOT USED)
1.25 (NOT USED)
1.26 PATENTS & ROYALTIES:
The bidder, without exception, shall indemnify and save harmless the City of Miami Beach,
Florida and its employees from liability of any nature or kind, including cost and expenses
for, or on account of, any copyrighted, patented, or unpatented invention, process, or article
manufactured or used in the performance of thc contract, including its use by The City of
Miami Beach, Florida. Iftbe 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 worlc
1.27 OSHA:
The bidder warrants that the pwduct 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 CONDmONS:
Any and all Special Conditions that may vary from these General Conditions shall have
precedence.
1.29 ANTI-DISCRIMINATION:
The bidder certifies that be/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.
BID NO: No. 47-02/03
DATE: 08/15/03
CITY OF MIAMI BEACH
9
1.30
1.31
1.32
1.33
1.34
1-35
1.36
ELECTRIC MOTOR REWIND AND REPAIR SERVICE
BID # 47-02/03
AMERICAN WITH DISABILITIES ACT:
Call (305) 673-7490NOICE to request material in accessible format; sign language
interpreters (five days in advance when possible), or information on access for persons with
disabilities. For more information on ADA compliance please call Heidi Johnson Wright,
Public Works Depm'aaent, at 305.673.7080.
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 arc 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, thc successful bidder will
assume the full duty, obliga6on 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 thc South Florida Building Code. Thc bidder shall be
liable for any damages or loss to thc 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 of a bidder to execute a contract upon award, or withdrawal of a bid before
such award is made, may result in forfeiture of that portion of any bid surety required equal
to liquidated damages incurred by the City thereby, or where surety is not required, failure to
execute a contract as described above may be grounds for removing the bidder from thc
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
rcserves 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.
BID NO: No. 47-02/03 CITY OF MIAMI BEACH
DATE: 08/15/03 10
1.37
ELECTRIC MOTOR REWIND AND REPAIR SERVICE
BID # 47-02/03
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 Depad~iient,
1700 Convention Center Drive, Miami Beach, Florida 33139.
1.38 (NOT USED)
139 (NOT USED)
1.40 NOTE TO VENDORS DELIVERING TO THE CITY OF MIAMI BEACH:
Receiving hours are Monday through Friday, excluding holidays, from 8:30 A.M. to 5:00
P.M.
1.41
SUBSTITUTIONS:
The City of Miami Beach, Florida WILL NOT accept substitute shipments of any kind.
Bidder(s) is expected to furnish the brand quoted in their bid once awarded. Any substitute
shipments will be returned at the bidder's expense.
1.42 FACILITIES:
The City Commission reserves the fight to inspect the bidder's facilities at any time with
prior notice.
1.43 BID TABULATIONS:
Bidders desiring a copy of the bid tabulation may request same by enclosing a self-addressed
stamped envelope with the bid.
1,44 BID PROTEST PROCEDURES:
Bidders that are not selected may protest any recommendation for Contract award in
accordance with City of Miami Beach Ordinance No. 2002-3344, which establishes
procedures for resulting protested bids and proposed awards. Protest not timely pursuant
to the requirements of Ordinance No. 2002-3344 shall be barred.
1.45 (NOT USED)
1.46 CLARIFICATION AND ADDENDA TO BID SPECIFICATIONS:
If any person contemplating submitting a Bid under this Solicitation is in doubt as to the tree
meaning of the specifications or other Bid documents or any part thereof, the Bidder must
submit to thc 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.
BID NO: No. 47412/03 CITY OF MIAMI BEACH
DATE: 08/15/03 11
ELECTRIC MOTOR REWIND AND REPAIR SERVICE
BID # 47-02103
1.47
The City shall issue a Formal Addendum ff 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 conffict with the original ConWact
Documents, Addendum shall govern all other Contract Documents to the extent specified.
Subsequent addendum shall govern over prior addendum only to thc 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 scknowledge Addendum shall deem
its Bid non-responsive; provided, however, that the City may waive this requirement in its
best interest. The City will not be responsible for any other explanation or interpretation
made verbally or in writing by any other city representative.
DEMONSTRATION OF COMPETENCY:
1) Pre-award inspection of the Bidder's facility may be made prior to the award of contract.
Bids will only be considered from firms which are regularly engaged in the business of
providing the goods and/or services as described in this Bid. Bidders must be able to
demonstrate a good record of performance for a reasonable period of time, and have
sufficient financial support, equipment and organization to insure that they can satisfactorily
execute the services if awarded a contract under the terms and conditions herein stated. The
tc,i~s "equipment and organization" as used herein shall be construed to mean a fully
equipped and well established company in line with the best business practices in the
industry and as determined by the City of Miami Beach.
2) The City may consider any evidence available regarding the financial, technical and other
qualifications and abilities of a Bidder, including past performance (experience) with the
City in making the award in the best interest of the City.
3) The City may require Bidders to show proof that they have been designated as authorized
representatives of a manufacturer or supplier which is the actual source of supply. In these
instances, the City may also require material information from the source of supply
regarding the quality, packaging, and characteristics of the products to be supplies to the City
through the designated representative. Any conflicts between this material information
provided by the source of supply and the information contained in the Bidder's Proposal may
render the Bid non-responsive.
4) The City may, during the period that the Contract between the City and the successful
Bidder is in force, review the successful Bidder's record of performance to insure that the
Bidder is continuing to provide sufficient financial support, equipment and organization as
prescribed in this Solicitation. Irrespective of the Bidder's performance on contracts
awarded to it by the City, the City may place said contracts on probationary status and
implement termination procedures if the City detctiiiines that the successful Bidder no longer
possesses the financial support, equipment and organization which would have been
necessary during the Bid evaluation period in order to comply with this demonstration of
competency section.
BID NO: No. 47-02/03 CITY OF MIAMI BEACH
DATE: 08/15/03 12
1.48
1.49
1.51
ELECTRIC MOTOR REWIND AND REPAIR SERVICE
BID # 4%02/03
DETERMINATION OF AWARD
Thc 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 thc bidder with laws and ordinances
relating to the Contract.
ASSIGNMENT: . . ·
The contractor shall not assign, transfer, convey, sublet or otherwtse dispose of this contract,
including any or all of its right, title or interest therein, or his or its power to execute such
contract to any person, company or corporation without prior written consent of the City of
Miami Beach.
LAWS, PERMITS AND REGULATIONS:
Thc bidder shall obtain and pay for all licenses, pegniits 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 Deparw,ent of Managemont Services, Division of
Procurement, has certified its use to be cost effective and in the best interest of thc State.
Contractors have the option of selling these commodities or services certified by the Division
to the other State agencies at the agencies option.
132 SPOT MARKET PURCHASES:
It is the intent of the City to purchase the items specifically listed in this bid from the
awarded vendor. However, items that are to be ASPOt Market Purchased-~ may be purchased
by other methods, i.e. Federal, State or local conlracts.
1.53 ELIMINATION FROM CONSIDERATION
This bid solicitation shall not be awarded to any person or firm which is in arrears to the City
upon any debt, taxes or contracts which are defaulted as surety or otherwise upon any
obligation to the City.
BID NO: No. 4%02/03 CITY OF MIAMI BEACH
DATE: 08/15/03 13
.54
1.55
1.56
1.57
1.58
1.59
ELECTRIC MOTOR REWIND AND REPAIR SERVICE
BID # 47-02/03
WAIVER OF INFORMALITIES
Thc 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. Thc 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. Thc
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 thc same
contract. Bids or proposals found to be collusive shall be rejected. Bidders or Proposers
who have been found to have engaged in collusion may be considered non-responsible, and
may be suspended or debarred, and any contract resulting from collusive bidding may be
terminated for default.
DISPUTES
In the event of a conflict between the documents, the order of priority of the documents shall
be as follows:
· Any agreement resulting from the award of this Bid (if applicable); then
· Addenda released for this Bid, with the latest Addendum taking precedence; then
· The Bid; then
· Awardee's Bid.
REASONABLE ACCOMMODATION
In accordance with the Title II of thc Americans with Disabilities ACt, any person requiring
an accommodation at the RFP opening because of a disability must contact Heidi Johnson
Wright at the Public Works Department at (305) 673-7080.
GRATUITIES
Proposers shall not offer any gratuities, favors, or anything of monetary value to any official,
employee, or agent of the City, for the purpose of influencing consideration of this proposal.
BID NO: No. 4%02/03 CITY OF MIAMI BEACH
DATE: 08/15/03 14
1.60
1.61
1.62
1.63
1.64
ELECTRIC MOTOR REWIND AND REPAIR SERVICE
BID # 47-02/03
SIGNED BID CONSIDERED AN OFFER
The signed bid shall be considered an offer on the part of the bibber or contractor, which
offer shall be deemed accepted upon approval by the City Commission of the City of Miami
Beach, Florida and in case of default on the part of successful bidder or contractor, after such
acceptance, the City may procure the items or services from other sources and hold the
bidder or contractor responsible for any excess cost occasioned or incurred thereby.
Additionally, the City may take such action.
BID CLARIFICATION:
Any questions or clarifications concerning this Invitation to Bid shall be submitted in writing
by mail or facsimile to the Procurement Depmixnent, 1700 Convention Center Drive, Miami
Beach, FL 33139 FAX: (305) 673-7851. The bid tire/number shall be referenced on all
correspondence. All questions must be received no later than ten (10) calendar days prior to
the scheduled bid opening date.
All responses to questions/clarifications will be sent to all prospective bidders in the form of
an addendum. NO QUESTIONS WILL BE RECEIVED VERBALLY OR AFTER SAID
DEADLINE.
TIE BIDS:
Please be advised that in accordance with Florida Statues Section 287.087, regarding
identical tie bids, preference will be given to vendors certifying that they have implemented
a drug free work place program. A certification fotai will be required at that time.
PUBLIC ENTITY CRIMES (PEC):
A person or affiliate who has been placed on the convicted vendor list following a conviction
for public entity crimes may not submit a bid on a contract to provide any goods or services
to a public entity, may not submit a bid on a contract with a public entity for the construction
or repair of a public building or public work, may not submit bids on 1cases 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 thc 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.
BID NO: No. 47-02103 CITY OF MIAMI BEACH
DATE: 08/15/03 15
1.65
1.66
1.67
ELECTRIC MOTOR REWIND AND REPAIR SERVICE
BID # 47-02/03
DELIVERY TIME:
Vendors shall specify on the attached Bid Form, the guaranteed delivery time (in calendar
days) for each item. It must be a firm delivery time; no ranges will be accepted, i.e.; 12-14
days.
CONE OF SILENCE
This invitation to bid is subject to the Cone of Silence m accordance with Ordinance No.
2002-3378. A copy of all written communication(s) regarding this bid must be filed with the
city clerk.
INSURANCE AND INDEMNIFICATION:
(See Check List for applicability to this contract)
The contractor shall be responsible for his work and every part thereof, and for all materials,
tools, appliances and property of every description, used in connection with this particular
project. He shall specifically and distinctly assume, and does so assume, all risks of damage
or injury to property or persons used or employed on or in connection with the work and of
all damage or injury to any person or property wherever located, resulting from any action or
operation under the contract or in connection with the work. It is understood and agreed that
at all times the contractor is acting as an independent contractor.
The contractor, at all times during the full duration of work under this contract, including
extra work in connection with this project shall meet the following requirements:
Maintain Worker's Compensation and Employer's Liability Insurance to meet the statutory
requirements of the State of Florida.
Maintain Comprehensive General Liability Insurance in amounts prescribed by the City (see
checklist for limits) to protect the contractor in the interest of the City against all risks of
injury to persons (including death) or damage to property wherever located resulting f~om
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 coveting all owned,
non-owned or hired automobiles and equipment used in connection with the work.
Maintain any additional coverages required by the Risk Manager as indicated on the
Insurance Check List. Name the City of Miami Beach as an additional insured on all liability
policies required by this contract. When naming the City of Miami Beach as an additional
insured onto your policies, the insurance companies hereby agree and will endorse the
policies to state that the City will not be liable for the payment of any premiums or
assessments. A copy of the endorsement(s) naming the City of Miami Beach as an
additional insured is required and must be submitted to the City's Risk Manager.
BID NO: No. 47-02/03 CITY OF MIAMi BEACH
DATE: 08/15/03 16
ELECTRIC MOTOR REWIND AND REPAIR SERVICE
BID # 47-02/03
No change or cancellation in insurance shall be made without thirty (30) days written notice
to the City of Miami Beach Risk Manager.
All insurance policies shall be issued by companies authorized to do business under the laws
of the State of Florida and these companies must have a rating of at least B+:VI or better per
Best's Key Rating Guide, latest edition.
Original signed Certificates of Insurance, evidencing such coverages and endorsements as
required herein, shall be filed with and approved by the City of Miami Beach Risk Manager
before work is started. The certificate must state Bid Number and Tire. Upon expiration of
the required insurance, the contractor must submit updated certificates of insurance for as
long a period as any work is still in progress.
It is understood and agreed that all policies of insurance provided by the contractor are
primary coverage to any insurance or self-insurance the City of Miami Beach possesses that
may apply to a loss resulting from the work performed in this contract.
All policies issued to cover the insurance requirements herein shall provide full coverage
from the first dollar of exposure. No deductibles will be allowed in any policies issued on
this contract unless specific safeguards have been established to assure an adequate fund for
payment of deductibles by the insured and approved by the City's Risk Manager.
The liability insurance coverage shall extend to and include the following contractual
indemnity and hold harmless agreement:
"The contractor hereby agrees to indemnify and hold harmless the City of Miami Beach, a
municipal corporation, its officers, agents, and employees from all claims for bodily injuries
to the public in and up to the amount of $1,000,000.00 for each occurrence and for all
damages to the property of others in and up to the amount of $1,000,000.00 for each
occurrence per the insurance requirement under the specifications including costs of
investigation, all expenses of litigation, including reasonable attorney fees and the cost of
appeals arising out of any such claims or suits because of any and all acts of omission or
commission of any by the contractor, his agents, servants, or employees, or through the mere
existence of the project under contract".
The foregoing indemnity agreement shall apply to any and all claims and suits other than
claims and suits arising out of the sole and exclusive negligence of the City of Miami Beach,
its officers, agents, and employees, as determined by a court of competent jurisdiction.
The contractor will notify his insurance agent without delay of the existence of the Hold
Harmless Agreement contained within this contract, and furnish a copy of the Hold Harmless
Agreement to the insurance agent and carrier.
BID NO: No. 47--02/03 CITY OF MIAMI BEACH
DATE: 08/15/03 17
ELECTRIC MOTOR REWIND AND REPAIR SERVICE
BID # 4702/O3
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 thc 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 thc 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 thc public; but the provisions of this Cross
Liability clause shall apply only with respect to liability arising out of the ownership,
maintenance, usc, occupancy or repair of such portions of the premises insured hereunder as
are not reserved for the exclusive use of occupancy of thc insured against whom claim is
made or suit is filed.
BID NO: No. 4702/03 CITY OF MIAMI BEACH
DATE: 08/15/03 18
INSURANCE CHECK LIST
XXX 1. ,~ Workers' Compensation and Employer's Liability per the Statutory limits of the state of
Florida.
Comprehensive General Liability (occurrence form), limits of liability $1,000,000.00
per occurrence for bodily injury property damage to include Premises/Operations;
Products, Completed Operations and Contractual Liability. Contractual Liability and
Contractual Indemnity (Hold ha,mless endorsement exactly as written in "insurance
requirements" of specifications).
XXX3. / 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
Other
$ .00
$ .00
$ .oo
$ .00
$ .oo
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.
HECTOR GOHEZ
Bidder
Signatur~ of Bidder
BID NO: No. 47-02/03 CITY OF MIAMI BEACH
DATE: 05/15/03 19
09/1~/E003 08:18 HEIqD-BECKHRM e ~7056g165~4 NO.~Pi D003
ACORD. .CERTIFICATE ,')F LIABILITY INSURANCE cs..MI
DATE ~MM/D~
._ , couo-Ol 09/la/o3
THIS CE'i~TIFICATE IS ISSUED AS A MATTER OF INFORMATIOI~
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER, THIS CERTiFiCATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAG.E AFFORDED BY THE POLICIES BELOW.
2500 ~ 79th Ave SUite 101
~ FL 33122
P~ona: 305-714-440~
Condo Eleotrio MOtOr
361R E. 10'I'1< Court
Hialeah FL 33013
COVERAGES
1401 INSURERS AFFORDING COVERAOE NAlC #
L r INSURER C:
iNSURER E; ......
THE POLK;lES OF INS UFLAd%~E LISTED BELOW HAVE BE'I ~N ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REOLNREMENT, TERM OR CONDITION OF ANY CIDPI tRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH TH~ CERTIFICATE MAY BE ISSUE[:) OR
MAY PERTAIN, THE ~NSuRANCE AFFORDED BY THE PO;L ICIE..~ DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONOITIONS OF ~UCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEE % REDUCED BY P/UD CLAIMS.
TYPE O~ i~URAN~ ! l [~ NUMBER DATE (MMrOO/YY~ ~?E [¥P,IA~A~'] LIMITS
GENERAL LL~DIUTY ~:AC}40CCURRENCI~ $ 1000000
-- CO~:.RC3XLGE.ER^LLU~m.r;Y 21U%ll~Ti'~6921K3 10/22/02 10/22/03 ~M~$;SU~U~u= ,u~n,~l .... S 300000
-- CLAIMSMADE [-~ OCCUR MEOC-XP(AAYe~ePem°~t} $ 10000
~ONAL &'*DV ~uR¥ S 1000000
~[~'~-RAL Ae<m£OAm 2000000
0 EI~L AGGREGATE LIblT AI;~LES PER: ~Ot~T$ - CO~P~3P ~GG _$ 2000000
~.~t*OMOBILE LIABILITY COMSrNED ~qGL£LIMIT $1000000
,,~, ^m'o 21U-u-t~', a6921~3 10/22/02 [0/22/03 ~ ~*='~
SCHE[XJLLt'D AUTO~
HIRED AUTOS
NON.OWNED AUTO~
GARAGE LIABILITY
ANY ~
uEOUClqBLE
R ErE'N'~X3N $
WORK~R~ COMPENSATION AND
EMPLOYERS' LIABIUTY
ANY PR. OPRIETORJPARTNER/EXECLrTIYE
~&~ p.ov~doNs ~m~
99533d203
03/3Z/03
03/31/0¢
INJURY
PROPERTY DAMAGE
AUTO O~ILY - EA ACC~ENT
EA ACC
Oll~ER ~
AUTO OMtY; AGG
F_~CH OCCURRENCE
~-L a~'~E - E~ ~.OY._E~ S 100000
EL C~SF-~-S~' ~CY uK~r/ S 500000
~: Electric ~otor ~wtnd ~d ~.~a~r Semites BID ~47-~2/ 3
~id ~ning: Septet 12, 2003 ~[t 3:00 ~. ~e ~low ~s also
~tio~al Insured as res~ces ~ ~
ILi~illt~ ~n~ura~.
CERTIFICATE HOLDER CANCELATION
8H~LD ANY ~ THE AB~
City of Miami Beach-Procu~ ~ment Divisic
Gus Lopez, CPPO, Procureme ~t Director
1700 Convention Center DrJ ~e
Miami Beach, FL 33139
ACORD 25 (2001/08)
:~DATE'Lq.I~REOF. T'HEI$~JIN~IN'IiURERWILLENDrr-AVORTOMAJL 30_ _ DAY~WRITrEN
NOTICE TO THE CERTk=IG~TE HOLDER NAMED TO THE LEFT. BUT F~LURE TO DO 60 ~
2.0
ELECTRIC MOTOR REWIND AND REPAIR SERVICE
BID # 47-02/03
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 repair and replacement of various types of electric motors on an as-needed
basis. The repair services to be provided are the rewinding of stators and rotors, replacements
of bearings and seals, complete motor repair, rewinding of transformers, machining, crane
service and additional services when required. This Specification covvr the acquisition of new
motors, the purchase of repair or replacement parts for the various makes and models of
motors as utilized within the City of Miami Beach, and repair services, in the field or in the
bidders shop, as needed, when required by the City.
2.2
TERM OF CONTRACT:
This contract will be in effect from the time of award by the Mayor and City Commission
until December 31, 2004.
Providing the successful bidder will agree to maintain the same price, terms and conditions
of the current contract, this contract could be extended for an additional two (2) years, on a
year to year basis, if mutually agreed upon by both parties.
2.3
METHOD OF AWARD
Award of this contract may be made to multiple vendors that have submitted responsive bid,
arc responsible bidders' and meet the required "Qualifications of Bidders" as stated in
Section 3, of page 25; paragraph 2A.
2.4
PAYMENT:
Invoices for payment will be submitted as maintenance, inspection or repairs arc completed,
for the duration of the contract. Invoice will be subject to verification and approval by thc
Public Works Director or designated representative.
2.~ ADDITIONS/DELETIONS OF FACILITIES: N/A
2.6
PRICES SHALL BE FIXED AND FIRM FOR TERM OF CONTRACT:
If the bidder is awarded a contract under this bid solicitation, the prices quoted by the bidder
on the Bid Form shall remain fixed and firm during the term of this contract; provided,
however, that bidder may offer incentive discounts from this fixed price to the City at any
time during thc contractual term.
2.7
PRE-BID CONFERENCE/SITE INSPECTION:
A Pre-Bid Conference will be held at 10:00 a.m. on August 27~ 2003 at the City of
Miami Beach City Hall, in the First Floor Conference Room, located on the First Floor
at 1700 Convention Center Drive, Miami Beach, Florida 33139.
2.8
SITE INSPECTION:
The City of Miami Beach, at its sole discretion, shall have the right to inspect any or all
bidder's premises before award.
BUD NO: No. 47-02/03 CITY OF MLAMi BEACH
DATE: 08115/03 20
2.9
2.10
2.11
2.13
2.14
ELECTRIC MOTOR REWIND AND REPAIR SERVICE
BID # 4%02/03
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
notification of new bids, amendments and awards. Vendors with Internet access should
review the registration options at the following website:
~r~v. govbids.com/scripts/southflorida/publJc/homel.asp. If you do not have Interact
access, please call the BidNet(r) support group at 800-677-1997 extension # 214.
CONTACT PERSON:
The contact per~on for this Invitation to Bid is Adeola Osoba. The contact person may be
reached by phone: 305.673.7490; fax: 305.673.7851; or e-mail:
adeolao$oba~,miarnibeachfl..qov. Communications between a proposer, bidder, lobbyist
or consultant and Procurement Staffis 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 (I0) calendar days prior to the scheduled Bid
opening date.
The City will issue replies to inquiries and any other corrections or amendments it deems
necessary in written addenda issued prior to the deadline for responding to the Bid. Bidders
should not rely on representations, statements, or explanations other than those made in this
Bid or in any written addendum to this Bid. Bidders should verify with the Procurement
Division prior to submitting a proposal that all addenda have been received.
YOU MUST FAMILIARIZE YOURSELF WITH GENERAL CONDITION 1.66,
ENTITLED CONE OF SILENCE, WHICH SETS FORTH THE POLICIES AND
PROCEDURES RELATIVE TO ORAL AND WRITTEN COMMUNICATIONS.
(NOT USED)
LIQUIDATED DAMAGES:
As Task Orders are identified substantial completion times will be mutually agreed upon
between the successful bidder and the City. Liquidated damages of $25.00 per day will be
deducted from the contract sum for each calendar day elapsing beyond the specified time for
completion for each Task Order.
PERCENTAGE ABOVE VENDOR COST:
Bids for parts and supplies shall be submitted at vendors cost. Evidence of said cOsts shall
be submitted with invoice, for each repair or service call. Proof of costs shall be printed,
properly identified, and dated as to issuance and effectiveness.
2.15 ESTIMATED QUANTITIES: The City estimated 115 pumps (see page 39)
BID NO: No. 4%02/03 CITY OF MIAMI BEACH
DATE: 08/15/03 21
2.16
2.17
2.18
2.19
2.20
ELECTRIC MOTOR REWIND AND REPAIR SERVICE
BID # 47-02/03
HOURLY RATE:
The hourly rate quoted shall include full compensation for labor, equipment use, travel time,
and any other cost to the bidder.
Hourly labor rates are specified as follows:
Hourly Labor Rate I - hourly rate for straight time repairs, i.e. from 8:00 a.m. to 5:00 p.m.
Monday - Friday (rate is to include labor and travel, parts are not included).
Hourly Labor Rate II - hourly rate for overtime repairs, i.e. before 8:00 a.m. or after 5:00
p.m., or on weekends or holidays. (rate to include labor and travel, parts not included.)
WARRANTY:
The successful bidder will be required to warranty all work performed for a minimum of one
(1) year. Warranty shall be described in detail on the attached Bid Form.
GUARANTEE:
The successful bidder will be required to guarantee all items supplied for a minimum of one
(1) year.
PRODUCT/CATALOG INFORMATION: N/A
REFERENCES (PROVIDE 8 REFERENCES, IN THE CUSTOMER REFERENCE
FORM ON PAGE 28)
Each bid must be accompanied by a minimum of eight (8) references, of which four (4)
separate contracts must have been for $25,000.00 or Higher. Reference shall include the
name of the company, a contact person and the telephone number. NO BID WILL BE
CONSIDERED WITHOUT THIS LIST.
COMPLETE PROJECT REQUIRED:
These specifications describe the various items or classes of work required, enumerating or
defining the extent of same necessary, but failure to list any items or classes under scope of
the several sections shall not relieve the contractor from furnishing, installing or performing
such work where required by any part of these specifications, or necessary to the satisfactory
completion of the project.
COMPLETE PROJECT REQUIRED:
The scope of these specifications is to insure the delivery of complete units, ready for
operation. Omission of any essential detail from these specifications does not relieve the
supplier from furnishing a complete working unit to the satisfaction of the City of Miami
Beach.
Workmanship of units will be inspected and approved by Public Works Director or
designated representative.
BID NO: No. 47-02/03 CITY OF MIAMI BEACH
DATE: 08/15/03 22
2.21
ELECTRIC MOTOR REWIND AND REPAIR SERVICE
BID# 47-02/03
FACILITY LOCATION:
Public Works Department
451 Dade Boulevard
Miami Beach, FL 33139
2.22
BIDDER QUALIFICATIONS:
In order for bids to be considered, bidders must submit with their bid, evidence that they are
qualified to satisfactorily perform the specified work. Evidence shall include all information
necessary to certify that the bidder: maintains a permanent place of business; has technical
knowledge and practical experience in the type of equipment included in this scope of work;
has available the organization and qualified manpower to do the work; has adequate financial
status to meet the financial obligations incident to the work; has not had just or proper claims
pending against him or his work; and has (PROVIDED), the required repair and/or
replacement of various types of electric motors.
The repair services to be provided are the rewinding of stators and rotors, replacements of
bearings and seals, complete motor repair, rewinding of transformers, machining, crane
service and additional services when required but not limited to the following requirements:
2.23
* Ability to trace, monitors, and log all repair work.
· Bearings used shall be FAG or SKF only.
· VPI required on form coil jobs.
· Magnet wire type inverter rated wire.
· Varnish to be solvent flee UL (United Listing) approved.
· Motor shop must be UL (United Listing) certified.
· 2300/4160-volt test panel on site.
· Motor shop must have Depadment Environmental Regulation Management (DERM)
certified paint booth.
· Motor shop must have DERM certificated pollution control.
· Motor shop must have DERM certified wastewater treatment.
· Fully enclosed dust free sand blast facilities with minimum of 350 cubic feet.
· Rewind area must be a clean air-conditioned/good ventilated environment.
· All machines welding must be TIG or spray welding.
· Must have a lathe with at least 48" swing 120" between centers.
· One year past history of varnish test certificates on file.
· Motor shop must have dynamic balance and trim balance capabilities.
The evidence will consist of listing of work that has been provided to public and private
sector clients, e.i. nature of WORK within the last three (3) years.
BID NO: No. 4702/03
DATE: 08/15/03
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.
CITY OF MIAMI BEACH
23
2.24
2.25
2.26
2.27
ELECTRIC MOTOR REWIND AND REPAIR SERVICE
BID # 47-02/03
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 all
required submittal information must be returned, properly completed, in a sealed envelope as
outlined in the first paragraph of General Conditions.
MAINTENANCE AGREEMENT:
Bidder shall quote on the appropriate space on the Bid Form, a per year cost for full
service/parts maintenance agreement to commence at the end of the warranty period. This
agreement will be accepted at the sole discretion of the City of Miami Beach. Maintenance
price shall include all parts/labor (including travel time) for the entire systems installed
under this bid. Bidder shall also state response time from time of call.
The Bidder shall quote an hourly labor rate for repairs (in accordance with Section 2.16 of
the Special Conditions) in the appropriate space on the Bid Form, in the event the City of
Miami Beach elects not to choose the maintenance agreement.
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 as equal
Bll) NO: No. 47-02/03 CITY OF MIAMI BEACH
DATE: 08/15/03 24
3.0
1.
i)
ii)
ELECTRIC MOTOR REWIND AND REPAIR SERVICE
BID # 47-02/03
MINIMUM SPECIFICATIONS
GENERAL:
The City of Miami Beach requires the repair and replacement of various types of electric motors on
an as-needed basis. The repair services to be provided are the rewinding of stators and rotors,
replacements of bearings and seals, complete motor repair, rewinding of transformers, machining,
crane service and additional services when required. This Specification cover the acquisition of new
motors, the purchase of repair or replacement parts for the various makes and models of motors as
utilized within the City of Miami Beach, and repair services, in the field or in the bidders shop, as
needed, when by the City.
A Applicable standards
All repairs shall meet or exceed the standards set forth in the following publications:
RECOMMENDED PRACTICE FOR THE REPAIR OF ROTATING ELECTRICAL
APPARATUS, EASA AS100-1998
Published By:
Electrical Apparatus Service Association, Inc.
International Headquarters
1331 Baur Blvd.
St. Louis, MO 63132
GOOD PRACTICE GUIDE, THE REPAIR OF INDUCTION MOTORS BEST PRACTICES TO
MAINTAIN ENERGY EFFICIENCY.
B . Qualifications of bidders
1. All technicians to be factory certified
2. Facility to be authorized warranty station and repair shop
3. Company to be Electrical Apparatus Service Association (EASA) registered.
4. Successful Bidder must have a machine shop on their premises.
5. Successful Bidder must have VPI equipment on their premises.
6. High voltage (2300/4160) testing equipment on premises
7. Contractor must be located within Dade and Broward County
2. EQUIPMENT
Types and sizes of the equipment included, but are not limited to the following:
· Open drip proof, 110V/220V, 60Hz, single phase or 230/480V, 3phase.
· Totally enclosed fan cooled, 110V, 60Hz, 1 phase or 230/480V/4160V, 60 I-Iz, 3 phase. Size for both
A&B is from fractional H.P. up to including 1000H.P.
BID NO: No. 47-02/03 CITY OF MIAMI BEACH
DATE: 08/1~03 25
ELECTRIC MOTOR REWIND AND REPAIR SERVICE
BID # 47-02103
Vertical hollow shaft well motors: Totally Enclosed Fan Cooled (TEFC) and Weatherproof
Drip in sizes 5H.P. through 1000H.P.
Totally explosion proof motors must be certified, 1800RPM, 230/480 volt, phase, 60Hz, for
hazardous locations, Class I, Groups A, B, C, D, and Class II, Groups E, F, G
· Wound rotor motor horizontal and vertical open, drip proof and totally enclosed 3 phase, 480 or
4160 volt, 60Hz, in sizes 50H.P. through 1000H.P.
· Totally Enclosed Fan Cooled, DC motors, Wound Stator and permanent magnet stators with
would rotors, speed from 0-1750 RPM on 0 to 90 Volts D.C.
· Dry typ~ lmnsformers
· Magnetic drives 0-650H.P.
All types of motors and dry type transformers including, but not limited to the Following:
Toshiba, Sterling, GE, U.S. Lincoln, Westinghouse, Marathon, EM, Baldor, Century,
I.T.E., FGM, Aurora and Peabody Barnes, Ideal, and Continental
· All types of submersible pumps and motors including, but not limited to the following: Plcuger,
EMU, Flygt, Myers, Crane, Deming, KSB, Clow, PUB/Barnes, Homa, and IDP.
3. BIDDER
Bidder shall provide a written estimate within one (1) working day after receipt of equipment.
Bidder shall comply with all specifications. Bidder shall receive only the prices bided on the Bid
Form for the written estimate. The written estimate shall include the following: Pick-up and delivery
from and to the City sites tear down, inspection, and the provision of the written estimate for repairs
and a complete list of parts with cost. Prices shall include pick up and delivery to any site with the
City of Miami Beach.
4. INSTRUCTIONS TO BIDDERS.
Bidders shall receive notification of any pick up of any unit from the City's designated
Representative (CDR) and shall provide a written estimate as above. The City reserves the right to
determine if repair is desire or if the unit is to be returned to the City.
5. PARTS.
Bids for parts and supplies shall be submitted at vendors cost. Evidence of said costs shall be
submitted with invoice, for each repair or sendce call. Proof of costs shall be printed, properly
identified, and dated as to issuance and effectiveness.
BID NO: No. 47-02103 ClTY OF MIAMI BEACH
DATE: 08/15/03 26
ELECTRIC MOTOR REWIND AND REPAIR SERVICE
BID # 47-02103
6. RESPONSE TIME:
Pick up shall be made within one (1) working day after receipt of request to pick-up. Bidder shall
provide a written estimate in accordance with paragraph 3onpage26. Motors up to 650 H.P. shall
be repaired and returned and, if requested by the CDR (City Designated Representative), installed,
within seven (7) working days after date of City's written authorization. There may be instances
where the City declares and requires an emergency response. The City's designated representative
shall determine whether emergency repairs are needed. Emergency repairs, including pick-up,
written Estimate repairs and if requested by CDR, installation, shall be completed
within forty-eight (48) hours.
7. MACHINE:
Bidder(s) must have a full on site machine shop. When machine work is necessary, list it as a
separate item on the written estimate. Machine work time shall not be included in the shop labor
hours. All machine work done on motors shall be accomplished at the Bidder(s) site. All machine
work should be bid on a straight hourly rate.
8. CRANE SERVICE:
When requested, the Bidder shall supply a crane with an operator and shall provide all services
required for repairs. The Bidder shall receive four (4) hours minimum which will include
mobilization/demobilization. For example, if the Bidder mobilizes/demobilizes and completes the
work within two (2) hours he will be paid for four (4) hours. If the Bidder mobilizes/demobilizes and
completes the work within five (5) Hours he will be paid for five (5) hours which include the
mobilization/demobilization charges. According to industry standard.
The City of Miami Beach shall not pay for down time. The Contractor shall be paid only for
mobilization/demobilization at each facility site.
9. DEFINITIONS:
Thc rebuilding of a motor shall include, but not be limited to: VPI (vacuum pressure impregnation)
or dipping and baking, rewinding of the stator and rotor, replacement of bearings and seals, any
machine work required to ensure proper bearing fit and balancing and testing the motor, and
painting.
The reconditioning/refurbishing of a motor shall include, but not be limited to: cleaning, VPI
(vacuum pressure impregnation) or dipping and baking of the stator or rotor, replacement of the
bearings, any machine work required to ensure proper fit, balancing and testing the motor, and
painting.
The City shall mean the City of Miami Beach Public Works Department, which includes all of the
City's Utilities Service Areas.
BID NO: No. 47-02/03 CITY OF MLAMI BEACH
DATE: 08/15/03 27
ELECTRIC MOTOR REWIND AND REPAIR SERVICE
BID # 47-02/03
The City's designated representative (CDR) shall mean the Utilities Department individual(s) as
designated in writing by the Utility Superintendent.
The Facility site shall mean, City of Miami Beach Public Works Operations yard site and all pump
station sites.
Downtime shall be am' time that the Bidders equipment is unable to operate or perform because of
the Bidder equipment failure or actions.
10. DISASSEMBLY AND INSPECTIONS OF MOTORS:
During disassembly and inspection the Bidder shall include the following on a written estimate:
· Upon receipt of the motor, the insulation resistance shall be read and recorded, as part of the
written estimate.
· If the motor windings have failed, a description of failure and probable cause of failure shall
also be included with the written estimate.
· The written estimate shall also indicate the general condition of the motor to include any
problem that would prevent the motor from performing efficiently.
The written estimate shall alsoinclude any physical damage to bearings (worn-dry-over glazed),
transmission device problems (worn sheave-damaged coupling), and shaft or
· housing damage.
The City reserves the right to inspect motors at any time prior to or during repairs and/or to observe
testing at bidder's shop unannounced.
11. MOTOR WINDING INSPECTIONS:
Winding Removal and Core Preparation:
Before motor windings are removed, a Stator Core Interlaminar Test (core loss test) shall be
performed and the test results and any additional cost involved for the repair shall be submitted to
the City's designated representative. The City's designated representative shall then give
instructions on whether or not to proceed. After the windings and stator repairs are completed a
second Stator Core Interlaminar Insulation Test shall be performed and shall confirm that the motor
stator meets or exceeds the manufacturer's specifications. The result shall be submitted to the City's
designated representative.
Winding Materials:
Class "F" (Minimum) insulation systems will be used in rewinding motors unless exceptions
are stated on the purchased order. (Class "F"155 C).
All materials used in rewinding shall be guaranteed to be capable of a specified minimum
temperature class as defined by ANSI / NEMA MG - I standard.
BID NO: No. 47-02/03 CITY OF MIAMI BEACH
DATE: 05/15/03 28
ELECTRIC MOTOR REWIND AND REPAIR SERVICE BID # 4%02103
Data of the original material fabricator shall be available to substantiate the temperature
class of each material used.
Magnet wired shall be cooper.
Insulating varnish / epoxy shall be as recommended by Manufacturer, unless otherwise
specified by the CDR (City designated representative).
All material of the insulation class shall be compatible.
Winding Methods:
Coils shall be machine wound, with all wires individually tensioned to obtain uniformity and
freedom from "crossovers".
Proper form shapes shall be sued to insure adequate end room clearance and prevent"buried" coils.
All connections, jumpers and leads shall be laced down in a neat, secure manner with adequate
clearance from end bells.
The winding shall be installed in a secure manner and shall not be twisted and / or skewed while
banding.
All motors and transformers must be rewound and connected as per the original winds and
nameplate information.
All leads shall be extra flexible, minimum 12" length, finned and tefi~finated with appropriate sized,
pressure type lugs which have die crimped.
All windings shall be the same style as found on the original.
Varnish Application:
The City's designated representative shall designate the coating application method to be used. In
most cases the City's preferred method of application will be VPI (vacuum pressure impregnation).
All random wound equipment shall be preheated to minimum temperature of 300F for a minimum of
one hour.
The equipment shall be then be allowed to cool to approximately 130F and dipped. If conflicts exist
between this specification and the varnish manufacturer's recommendation, the manufacturer's
method shall be used.
In applying the insulation varnish, the recommendation of the manufacturer should be followed with
respect to specific gravity, viscosity, and curing cycle for the particular varnish in question.
BID NO: No. 47-02/03 CITY OF MIAMI BEACH
DATE: 08/15/03 29
ELECTRIC MOTOR REWIND AND REPAIR SERVICE
BID # 47-02/03
A minimum of two (2) dips and bakes shall be provided to insure that the coating meets all the
manufacturer's minimum specifications and standards.
The baking shall be done in a temperature controlled, forced ventilation oven to give the best and
most uniform cure.
When specified, thc above procedure will not apply and the stator shall be insulated using a VPI
(vacuum pressure impregnation) process. When using this method, the Contractor shall follow all
required / applicable industry standards and specifications.
12. MECHANICAL REPAIRS:
The frame and shields, fans, conduit boxes, and other mechanical parts shall be inspected for
damage, with particular attention given to machine surfaces, environmental seal surfaces and
gaskets, corroded bolts and tapped screw threads. Damaged or defective parts will be required or
replaced in accordance with the written estimate and authorization procedures. Shafts will be
visually inspected for excessive wear, damaged keyways and surface condition. If required, shafts
will be replaced or repaired. Tolerances for shafts and bearings on all motors shall meet or exceed all
manufacturers and applicable standards specified in paragraph Al on page 30.
Al. Shaft Journals:
1. Diameter + .0000";-0005"
2. No more than .0005" Taper
3. No more than .0005" TlR
(Shaft mounted between centers)
4. Finish to be 2-5 RMS (polished)
B. Anti-friction Bearing to Shaft Fit:
1. No more than .0005" TlR
(Shaft mounted between centers)
2. No more than .0005"
3. Tolerances for bearing to shaf~ fit as specified by motor (or bearing)
Manufacturer, (I. e. solid shaft tolerance may differ from hollow shaft).
4. Finish to be 10-15 % MS.
C. Shaft Straightness:
New shaft, not in rotor, mounted between centers, no more than 0025" TIR at center of shaft.
Shaft centered in chuck (one end) and steady rest near other end, not to exceed .0015" at
end of shaft extension for 5/8" to 1-5/8" diameter shafts Inclusive and .002" at end of
shaft extension for over 1-5/8" diameter shafts inclusive.
D. Tolerance for anti-friction bearing to housing fit will conform to motor (or beating)
Manufacturer's specifications for both fixed and floating beatings.
BID NO: No. 47-02~03 CITY OF MLAMI BEACH
DATE: 08/15/03 30
ELECTRIC MOTOR REWIND AND REPAIR SERVICE
BID # 47-02/03
E. After final assembly, repaired rotors shall be checked by dynamic balancing to ensure to overall
"case" vibration levels less than stated below:
Rated Speed RPM
Maximum Amplitude, lnche~
3000-4000 Inclusive .001
1500-2900 Inclusive .0015
1499 and less .0025
F. Bearing Replacement and Housing Repair: · Brushing- when necessary, material shall be equal to original housing where possible.
· Metallizing is acceptable.
Bearings to be C3 without exception. Where applicable, anti-friction bearings shall be double
sealed.
G. Bearing Installation:
· Shaft surface shall be cleaned and contaminated free.
· Bearings to shaft to be free of burrs, next and / or contaminates.
· Bearings to be heated for installation in a thermostatically controlled oven with
temperatures not to exceed 230F.
· Bearings shall not be handled at any time with bear hands.
Bearings must be examined prior to installation for contaminates and/or foreign
materials.
· Bidder shall verify that all bearings and bearing applications are in accordance with the
manufacturer's specifications.
H. Shaft Repair:
· Metallizing is acceptable when 0.40 inches or less is required to obtain original
dimensions.
· When .040 inches or more is required, the shaft shall be welded or replaced. This
required prior approval from the city and should be included in the written estimate.
I. Miscellaneous: · If a cooling fan requires a replacement, a new fan shall be of non-corrosive material.
· Fan replacements shall be equal to or better than the original.
· Any external motor hardware requiring replacement, i.e. wiring boxes, fan covers,
bearings caps and etc., shall be equal to the original or better and should be noted on the
written estimate for approval.
BID NO: No. 47-02/03 CITY OF MIAMI BEACH
DATE: 08/15/03 31
ELECTRIC MOTOR REWIND AND REPAIR SERVICE BID # 4%02/03
13. FINAL ASSEMBLY:
The following shall meet or exceed all manufacturer's specifications and applicable standards as
outlined in paragraph IA:
All machines surfaces shall be cleaned and contaminated free in accordance with all applicable
standards and specifications.
All threaded holes shall be taped to original manufacturer's specifications.
All gasket surfaces shall be prepared for re-assembly.
Motor flame shall be completely free of excess paint, varnish, etc.
Motor feet shall be cleaned including bolt holes.
All air intake screens shall be in place and secure.
Provisions for in-service lubrication shall be eliminated where sealed bearings are used.
All cooling fans shall be secured.
During re-assembly, all mechanical fits shall be doubled checked for proper fit and alignment.
All finished machine surfaces shall be cleaned of all varnish and foreign materials.
The bore of the stator laminations and the periphery of the rotor shall be cleaned and free of
contaminates and/or any foreign material.
A high-grade metal protector shall be applied to all unprotected-machine surfaces, such as shafts,
machine flange fit surfaces, etc.
All wiring boxes shall have new gaskets between box and stator housing as well as between the split
wiring box halves, properly installed to prevent water entry to box.
14. PAINTING:
Motors shall be blasted, cleaned and primed with polyamide epoxy 3-5 mile thick. Finish paint shall
be aliphatic urethane 1.5-2.5 thick Color shall be as specified by the City's designated
representative.
Any design changes such as horse power re-rating, speed, etc, shall be shown as new name plate
data, with the data shown on the new name plate. The old or original nameplate shall be left intact.
Nameplates, that are missing or are not legible, shall be replaced with a new nameplate giving as
much information as is possible to provide. All new nameplates installed by the repair shop are to be
fabricated from high-stainless steel.
BID NO: No. 47-02/03 CITY OF MIAMI BEACH
DATE: 08/15/03 32
ELECTRIC MOTOR REWIND AND REPAIR SERVICE
BID # 47-02/03
15. TESTING:
All motors shall be test run at rated voltage prior to acceptance. This shall bc not-load or sixty
minutes, unless otherwise requested by thc City's designated representative.
AIl tests shall be in accordance with thc testing procedures outlined in thc applicable standards in
paragraph lB. Tests results shall be recorded and submitted to thc City's designated
representative.
Test will include but not be limited to the following:
A check for balanced phase current for deviations more than 5%. A resistance check with an
accurate resistance bridge or micro-ohmmeter shall be made when deviations are greater than
5%. These current readings shall be recorded.
A dielectric test by mcgohmeter at twice rated voltage for one minute. Readings to be recorded.
Resistance values shall not be less than published N.E.M.A. rewind standards for rated voltages.
Seismic vibration readings of each bearing shall be measured and recorded. Filter out readings shall
be recorded for each bearing for both displacements (MILS) and velocity (I.P.S.).
After sixty (60) minutes running time bearing cap temperatures shall be measured and recorded.
Tolerances:
Any motor, which exceeds any of the following specifications, shall be deemed unacceptable.
Seismic Vibration Readings:
Rates Speed (RPM) Maximum Amplitude(inches)
3000-4000 0.001
1500-2999 0.0015
1000-1499 0.002
999-1ess 0.002
Temperature:
· Bearing cap temperatures shall not exceed the following:
· Air cooled finned motors-140F
· Air cooled non-finned motors -160F.
BID NO: No. 4%02/03 CITY OF MIAMI BEACH
DATE: 08/15103 33
ELECTRIC MOTOR REWIND AND REPAIR SERVICE
BID # 47-02/03
16. RECORDS:
Information indicated on the sample test reports in ATTACHMENT "B" (page 34-36) shall be maintained
by the contractor and provided to the City's designated representative, if requested. A final report shall be
filled out for each motor repaired and returned with the motor and shall include the information on
ATTACHMENT "C" (page 38).
17. WARRANTY:
Warranty shall include all parts and labor for a minimum of one (1) year from the date of
installation. In the event of a failure, the items covered by the warranty, which ultimately causes an
emergency repair, the bidder shall repair the item at no additional cost to the City. If the failure is
covered by the warranty and is due to the workmanship, the bidder will assume cost for crane
service labor, repairs and installations.
18. REPLACEMENTS UNITS:
The bidder shall recommend to the City's designated representative if any transformer or motor
replacement exceeds the benefits of service requirements or the cost of replacements parts for an
existing unit. The bidder's recommendation shall include a complete description and justification with a
cost breakdown for repairs and replacements parts.
BID NO: No. 47-02/03 CITY OF MIAMI BEACH
DATE: 08/15/03 34
ELECTRIC MOTOR REWIND AND REPAIR SERVICE
BID # 4%02/03
CORE LOSS TEST REcoR
Ou~ide
Number
Perform a Cote Loss Test on
~itat~r
Perform Cc
Volts Calc.
Volts:
Results
Watts/L8:
PF:_
Ma'g!naJ:
Ma.x:
Rotar.: .Use a 81 Of 85.000.
this in place o{Ihe below
Watts Calc.
Ma.x~
BID NO: No. 47-02/03 CITY OF MIAMI BEACH
DATE: 08/15/03 35
ELECTRIC MOTOR REWIND AND REPAIR SERVICE
BID # 47-02/03
Bi5 Title: ]Electric Motor pun~ Repa~r'
V.P.I. MOTOR WII~'OING DATA SHEET
¥1E/~
BID NO: No. 47-02/03 CITY OF MIAMI BEACH
DATE: 08/15/03 36
ELECTRIC MOTOR REWIND AND REPAIR SERVICE
BID # 47-02/03
GFJ~dtA'rOR ~ OTHER:. ......
INSPEC~D ~¥: ~
BID NO: No. 47-02/03 CITY OF MIAMI BEACH
DATE: 08/15/03 37
ELECTRIC MOTOR REWIND AND REPAIR SERVICE
BID # 47-02/03
'Bid Title,: El~¢~rlc MoOr Pt~ap Rep~u
ATrACRM~2iT ~C'~
Bid No.
~ & 3 pHAS~ MOTORS
FOR COegECT
E~UIPMENT
-- ! - I:IEJECr'rD
. .. I _1_ o.,v,r---t i -nF. JC-C~d3
~t - oy,.- -,.ri
.........
BID NO: No. 47-02103 CITY OF MIAMI BEACH
DATE: 08/15/03 38
ELECTRIC MOTOR REWIND AND REPAIR SERVICE
BID # 47-02/03
The following are 23 Stations with locations of the Motors for the City of Miami Beach. The City
estimates a total of 115 Motors.
Station Nos.
1
2
4
5
6
7
8
10
11
13
14
15
18
19
21
22
23
24
27
28B
28L
29B
29L
30
31
Address No. of Pump(s)
Jefferson Ave. & 11t~ Street 4
35 Star Island 4
231 S Hibiscus Drive 2
195 Palm Ave. 2
229 E. San Marino Dr. 2
428 W DiLido Dr. 2
228 W. Rivo Alto Dr. 2
Belle Isle 3
1710 Washington Ave. 3
2270 Sunset Dr. 2
2730 Sunset Dr. 2
6120 La Gorce Dr. 2
6590 Pinetree Lane 2
6850 Indian Creek Dr. 2
Bay Drive and 71~t Street 2
Hagen St. on Golf Course 2
Dickens Ave. & 75~ Street 2
8100 Hawthorne Ave. 2
5400 Collins Ave. 2
28~ Street & Pintree Dr. 3
28th Street & Pintree Dr. 3
Indian Creek Dr. & 63rd St. 3
Indian Creek Dr. & 63~ St. 3
Terminal Island 4
290 Washington Ave. 6
Type of HP in Stations
150bp electric motors
15hp & 7.5hp electric motors
7.5hp electric motors
7.5bp electric motors
7.5hp electric motors
7.5bp electric motors
7.5hp electric motors
40bp electric motors
125hp electric motors
7.5hp electric motors
7.5hp electric motors
60bp electric motors
7.5hp electric motors
100hp electric motors
100bp electric motors
40hp electric motors
100hp electric motors
60hp electric motors
100hp electric motors
350hp electric motors
150hp electric motors
200bp electric motors
50hp electric motors
(2) 15hp & (2) 7.5bp
40hp-submersibles
The following listings are for Water Stations:
Address
1) 25th Street Water Station
2) 25m Street Water Station
3) 41st Street Water Station
4) 41st Street Water Station
5) 75th Street Water station
6) 75~ Street Water station
No. of Pump(s)
2
2
1
2
1
2
Type of HP in Stations
125hp electric motors
250hp electric motors
100hp electric motors
300hp electric motors
100bp electric motors
250hp electric motors
**A total of 76 pumps are installed and 15 spares**
BID NO: No. 47-02/03 CITY OF MIAMI BEACH
DATE: 08/15/03 39
ELECTRIC MOTOR REWIND AND REPAIR SERVICE
BID # 47-02/03
Submersible Pumps:
1) Davis EMU-7.5hp-
2) Davis EMU-15hp-
No. of Pumps
8 units
6 units
BID NO: No. 47-02/03 CITY OF MIAMI BEACH
DATE: 08/15/03 40
ELECTRIC MOTOR REWIND AND REPAIR SERVICE
BID # 47-02/03
3.1 MINIMUM SPECIFICATIONS (CONT.)
**In order to be awarded a contract as a result of this Bid, Bidder MUST meet the minimum
requirements listed below. **
Bid Proposal Page 1 of 5
YES
Ability to trace, monitors, and log all repair work. llx
Bearings used shall be FAG or SKF only. ar~
VPI required on form coil jobs. xx
Magnet wire type inverter rated wire. IIX
Varnish to be solvent flee UL (United Listing) approved. Xx
Motor shop must be UL (United Listing) certified, xX
2300/4160-volt test panel on site. XX
Motor shop must have Department Environmental Regulation
Management (DERM) certified paint booth, xl
Motor shop must have DERM certificated pollution control, xX
Motor shop must have DERM certified wastewater treatment. XX
Fully enclosed dust free sand blast facilities
with minimum of 350 cubic feet. ~r~
Rewind area must be a clean air-conditioned/good
Ventilated environment.
All machines welding must be TIG or spray welding. XX
NO
BID NO 47-02/03
Date: 08/28/03
CITY OF MIAMI BEACH
41
$.1
ELECTRIC MOTOR REWIND AND REPAIR SERVICE
BID # 47-02/03
MINIMUM SPECIFICATIONS (CONT.)
· Must have a lathe with at least 48"
Swing 120" between centers.
· One year past history of varnish test certificates on file.
· Motor shop must have dynamic balance and
Trim balance capabilities.
YES
NO
I hereby certified that COl~-l)O gI,IgCTRIC I~OTOR REPAIR, I}IC. .(insert your company
name), meet the entire minimum requirements listed in Section 3.1, on pages 41 and 4 lA as amended.
Furthermore, I understand that the City reserves the right to visit and inspect my facility to ensure
compliance with the minimum requirement as stated herein.
BID NO 47-02/03 CITY OF MIAMI BEACH
Date: 08/28/03 4lA
ELECTRIC MOTOR REWIND AND REPAIR SERVICE
BID # 47-02/03
MOTOR REPAIR REQUEST
Bid Proposal Page 2 of 5
Repairs Required: (Place an "x" next to the items that your shop can repair or replace and provide "A
NOT TO EXCEED" labor rate for each item, which the City reserves the right to negotiate.
Cost not to exceed
X Dismantle, Inspect & clean all Parts $ 11 _sn
x Brushers- $ 11.5o
x Brash-Holder- $ 11.50
X Insulator Bars- $ 11.50
x Thermal-Overloads- $ 1 !. 50
x Heater- $ ~l_qn
X Shaft- $ 11.50
x Bearing Journals- $ 11.50
x Key-ways- $ 11.50
X End Bells- $ 11.50
X Replace Slip-rings $ ~ ~ - 50
x Repair Slip-rings- $ 11. so
X Bearing (Roller-Ball) $ 11.50
X Babbitt Bearings- $ 11.50
x Electrical Wiring- $ 11.50
X Rewind Rotor- $ 11.50
X Rewind Stator- $ 1 ~ _ so
x Coils- $ 11.50
X Balance Rotor- $ 11.50
X Balance Rotor & Armature- $ 11.50
X Bake&Dip- $ 11.50
X Assemble, Test and Refinish Unit- $ ~ ~ _ ~n
x New Falk Coupling (Type) $ 1 I. 50
X Overhead Bride, 1 to 5 tons $ 11.50
x Floor Crane $ 11.50
X Horizontal/Vertical presses, 5 to 120 tons $ 11.50
X Lathes, 24 to 72 inches swing $ 1 ~ ~n
x Dynamic Bal. machines, 0tol2,000gs $ Il. SO
x Wire and/or power gun metalizing equipment $ 11.50
X Milling Machines 6ft minimum $ 11.50
x Heliarc & Tig Welding equipment $ 11.50
x Bearing Heater 5 to 15 inches $ 11.50
X Bearing Pullers, Hydraulic to 40 tons $ 11 - 5o
x Portable Balancers $ 11.50
X Vibration Testers $ 11.50
x Laser Aligners $ 11.50
X Sandblasting Cabinets $ 11.50
_x__Water Blasting Machines $ 1 ~ - so
BID NO: No. 47-02/03 CITY OF MIAMI BEACH
DATE: 08/15/03 42
per hour
per hour
per hour
per hour
per hour
per hour
per hour
per hour
per hour
per hour
per hour
per hour
per hour
per hour
per hour
per hour
per hour
per hour
per hour
per hour
per hour
per hour
per hour
per hour
per hour
per hour
per hour
per hour
per hour
per hour
per hour
per hour
per hour
per hour
per hour
per hour
per hour
per hour
ELECTRIC MOTOR REWIND AND REPAIR SERVICE
BID # 47-02/03
3.1
Bid Proposal Page 3 of 5
MINIMUM SPECIFICATIONS (CONT.)
Repairs Required cont.
MOTOR REPAIR REQUEST
Repairs Required: (Place an "x" next to the items that your shop can repair or replace and provide "A
NOT TO EXCEED" labor rate for each item, which the City reserves the right to negotiate.
x Facilities to produce Form Wound Coils
X Air Conditioned isolated area for rewinding
X Painting (see #14 of section3.0)
x Other repairs will be negotiated.
Cost not to exceed
$ 11.50 per hour
$ 11.50 per hour
$ 11.50 per hour
NOTE:
Items of works that are not identified on this Bid Form, will be negotiated by the Public Works Director,
or designated representative.
Cost not to exceed
Emergency Service Cost (See #6 ofse~ion 3.0) $ 12.95
Over time cost (Section 2.16) $ 12.95
per hour
per hour
a) Crane Service $ 85.00
per hour
b)
Crane Service for four (4) hours
(See #8 of section 3.0)
$ 3t~O. 00 flat fee
Regular hourly rate for machine work (See #7 of section 3.0)
(not to include shop labor hours) $ 11.50
Vendor shaH provide any/aH required parts, at Vendor cost.
THE CITY HAS THE OPTION TO NEGOCIATE ALL OF THE ABOVE COSTS.
BID NO: No. 47-02/03 CITY OF MIAMI BEACH
DATE: 08/15/03 43
ELECTRIC MOTOR REWIND AND REPAIR SERVICE
BID # 47-02/03
3.1 MINIMUM SPECIFICATIONS (CONT.)
Bid Proposal Page 4 of 5
Cost not to exceed
(a)
Hourly labor rate for repairs
(in accordance with Section 2.16 of the Special Conditions)
$ 1!. 50 per hour
Delivery Days (ARO) 1 TO 3 Days
Warranty 01qE (1) Years for Parts (Page 33).
(A minimum of one year warranty)
Warranty Olde (1) Years for Labor (Section 2.17).
(A minimum of one year warranty)
NOTE:
When submitting your Bid, you are not to exceed hourly tabor rates, and when stating the number of hours
on your written estimate, take into consideration the cost for pick-up and delivery, tear down, and
inspection. The City will not pay a separate line item consisting of the number of hours, and/or an hourly
labor rate for tear down, inspection, pick-up and delivery.
Vendor shah provide any/aH required parts, at Vendor cost.
THE CITY HAS THE OPTION TO NEGOCIATE ALL OF THE ABOVE COSTS.
Bm NO: No. 47-02/03 CITY OF MIAMI BEACH
DATE: 08/15/03 44
AGREEMENT
THIS AGREEMENT made this 4th day of February 2004, between the CITY OF MIAMI
BEACH, a Florida municipa~ corporation, hereinafter called the City, which term shall include
its successors and assigns, party of the one part, and
CONDO ELECTRIC MOTOR REPAIR, INC
3615 EAST l0TM COURT
HIALEAH, FL 33013
hereinafter called the Contractor, which term shall include its heirs, successors and assigns, party of the
other part.
WITNESSETH that the said Contractor for the consideration and compensation herein agreed to be
paid and the said City in consideration of the service to be provided by said Contractor and designated
"ELECTRIC MOTOR REWIND AND REPAIR SERVICES" 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 Plans and Specifications as
therein provided for, are hereby referred to and made a part of this Agreement and the terms
and conditions set forth therein, except when in direct conflict with this written Contract, are as
much a part hereof as if copied herein. If conflicts exist between them and this written
instrument, only that part of the matter in direct conflict herewith shall not be construed to be a
part hereof.
This contract will be in effect from the time of award by the Mayor and City Commission until
December 31, 2004. Providing the successful bidder will agree to maintain the same price,
terms and conditions of the current contract, this contract, this contract could be extended by
mutual agreement for additional two (2) years, on a year to year basis, if mutually agreed by
upon both parties.
The contractor shall furnish all labor, materials, tools, and equipment necessary for the motor
rewind and repair services for the City of Miami Beach, nothing being required of the City
except that it may, at its expense, supervise such work and enter upon and inspect the same at
all reasonable times.
If any dispute arises between the City and said Contractor with reference to the meaning or
requirements of any part of this Contract and they cannot agree, the more stringent
requirements shall govern as determined by the City.
ITB 47-02(03
Agreement Page lof2
If the Contractor shall complete the service herein contemplated in a good and workmanlike
manner in accord herewith, the said City shall pay to the Contractor the contract sum in
accordance with the Conditions of the Contract.
The Contractor shall file Insurance Certificates, as required, and they must be signed by a
Registered Insurance Agent licensed in the State of Florida and approved by the City of Miami
Beach Risk Manager.
All documents shall be executed satisfactorily to said City and until Insurance Certificates have
been filed and approved, this Contract Agreement shall not be effective.
Owner shall pay Contractor for performance of the Work in accordance with the Contract
Documents in current funds at the lump sum or unit prices presented in the Bid Proposal,
attached to this Agreement. The parties expressly agree that the Contract Price is a stipulated
sum except with regard to the items in the Bid which are subject to unit prices.
Estimated Annual Contract Amount: $150,000.00
10.
11.
The Contract Documents which comprise the entire Agreement between City and Contractor
are attached to this Agreement and made a part hereof.
The Contract Documents may only be amended, modified or supplemented as provided in the
General Conditions.
IN WITNESS WHEREOF the said City has caused this Agreement to be signed by the Mayor of the
City of Miami Beach, Florida and its corporate seal to be affixed, attested by the City Clerk of the City
of Miami Beach and the said Contractor has caused this Agreement to be signed it its name.
com)o ELgCI'P, IC }IOTOR P. EP~IR .(SEAL)
Contractor
(Auty6~ri~ed Corporate Officer)
BEACH
PRESIDElqT
Title
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
Cit~y IA~on~ey'~ ~I''
ATTEST:
City Clerk
ITB 47-02/03
Agreement Page 2of 2
ELECTRIC MOTOR REWIND AND REPAIR SERVICE
BID # 47-02/03
Bid Proposal Page 5 of 5
PAYMENT TERMS: NET 30. If other, specify here
ANY LETTERS, ATTACHMENTS, OR ADDITIONAL INFORMATION
CONSIDERED PART OF THE BID MUST BE SUBMITTED IN DUPLICATE.
SUBMITTED BY: HECTOR A. GONXZ
COMPANY NAME: CONDO ELECTRIC MOTOR REPAIR, INC-
SIGNED:
(I certify that/l ~n~'~u~horized to execute this proposal and
commit the bidding firm)
Bidders must acknowledge receipt of addendum (if applicable).
Addendum No. I:
NAME/TITLE(Print):
ADDRESS:
CITY/STATE:
TELEPHONE NO:
FACSIMILE NO:
AUGUST 29, 2003 Addendum No. 2:
Insert Date
HECTOR A. GOME. Z PRESIDENT
3615 EATS 10TH COURT
HIALEAH, FLORIDA ZIP: 33013
(305) 691-5400
(305) 691-6564
TO BE
5EPTEtqBER 11, 2003
Insert Date
BID NO: No. 47-02/03 CITY OF MIAMI BEACH
DATE: 08/15/03 45
ELECTRIC MOTOR REWIND AND REPAIR SERVICE
BID # 47-02/03
BID CHECK LIST
To ensure that your bid is submitted in conformance with thc Contract Documents, please verify that
thc following items have bccn 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 Checklis0
X General Conditions Section 1.67
Bid Guaranty/Performance Bond
X General Conditions Section 1.34
X Warranty
Special Conditions Section 2.17
X Product/Catalog Information
Spccial Conditions Section 2.18
References
X
Special Conditions Section 2.19 / Page 47
Bidder Qualifications
X
Special Conditions Section 2.22
X Exceptions to Specifications
Special Conditions Section 2.24
Contractor's Questionnaire
X (Page 48)
BID NO: No. 47-02/03 CITY OF MIAMI BEACH
DATE: 08115/03 46
ELECTRIC MOTOR REWIND AND REPAIR SERVICE
BID # 47-02/03
CUSTOMER REFERENCE LISTING
Bidder's shall furnish the names, addresses, and telephone numbers of a minimum of eight (8) fa'ms
or government organizations for which the Contractor is currently furnishing or has furnished,
similar services.
(See "Minimum Requirements, page 2)
1)
2)
3)
4)
Company Name
Address
Contact Person/Contract Amount
Telephone No. (305) 787-1010
Company Name
Address
Contact Person/Contract Amount
Telephone No. (305) 652-6460
Company Name
Address
CITY OF NORTlt ~
1815 l~ 150 STREET N.16AI6, FL 33181
RON ~ $40,000.00
FaxNo. (305) 787-1008
Cl'rx OF NORTti ~ BF_,AC~
17011 lqE 19 AVE NORItt HIAHI BEACH, FL 33162
.TOlqN MI'~I'~ONAT.n $10,000.00
FaxNo. (305) 652-8277
CITY OF HO[4ESTEAD
711 h-E 1 ROAD HOHESYEAD, FL 33030
DElfl~ S 14ATE~ $43,000.00
FaxNo. (305) 242-5280
lqT_AI4I-DADE I,/ATER & SL%/ER
Contact Person/Contract Amount
Telephone No. (305) 247-1807
Company Name
Address
6800 SI,/ 87 AVENUE MTAMT~ FLORIDA 33173
Contact Person/Contract Amount CI, IFF J01mAN $157,000.00
Telephone No. (305) 275-3117 FaxNo. (305) 277-1946
BID NO: No. 47-02/03 CITY OF MIAMI BEACH
DATE: 08/15/03 47
5)
6)
7)
8)
ELECTRIC MOTOR REWIND AND REPAIR SERVICE
BID # 47-02/03
CUSTOMER REFERENCE LISTING (Contd.)
Company Name
Address
Contact Person/Contract Amount
Telephone No. (954~ 845-1018
Company Name
Address
Contact Person/Contract Amount
Telephone No. (954} 967-4230
Company Name
Address
CITY O17 .qlINRT.qE
14150 N.W. 8TH STREET SUNRISE, FLORIDA 33325
RICK SI4ITIt $450,000.00
Fax No. (954) 845-9698
CITY OF HOLLYWOOD
2600 HOLLYWOOD BLVD. HOLLYWOOD, FLORIDA 33022
JOHN FEASTER $85,000.00
Fax No.(osA)
CI_~'~_OF DOC!_
201 WEST PALMETTO PARK ROAD BOCA RATON, FLORIDA 33432
Contact Person/Contract Amount RAMMY MAItARAJ
Telephone No. (561) 338-7316 FaxNo.
Company Name
Address
Contact Person/Contract Amount BAgv~:x 'r,~IT
Telephone No. (954) 452-2545
$192.000.00
(561) 338-7345
CITY OF PLANTATION
400 N.W. 73 AVE PLANTATION, FL 33317
$94,000.00
Fax No. (956) 452-2546
BID NO: No. 47-02/03 CITY OF MIAMI BEACH
DATE: 08/15/03 48
CONTRACTOR'S QUESTIONNAIRE
NOTE: Information supplied in response to this questionnaire is subject to verification.
Inaccurate or incomplete answers may be grounds for disqualification from
award of this bid.
Submitted to The Mayor and City Commission of the City of Miami Beach, Florida:
By CONDO ELECTRIC MOTOR REPAIR, INC,
Principal Office 3615 EAST 10Tit COURT
How many years has your organization been in business as a General Contractor under your present
business name? 30 YgAR__S
Does your organization have current occupational licenses entitling it to do the work contemplated
in this Contract?
State of Florida occupational license - state type and number: :. '
Dade County certificate of competency - state type and number:
City of Miami-l~h-occupational license - state type and number: ARMA'rue. E RE~NDING $1tOPS ~7696-3
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 30 YEARS
(B) As a Sub-Contractor
(C) What contracts has your organization completed?
Contract Amt Class of Work When Completed Name/Address of Owner
$400,000.00 MOTOR & PUMP REPAIR & REPLACEi~I~T 1 YEAR PERIOD ClT~ OF SUNRISE
$190.000.00 MOTOR & PUMP REPAIR & REPLACEMENT 1 YEAR PERIOD ClT~ OF BOCA RATON
Have you ever had a contract terminated (as prime contractor or sub-contractor, under existing
company name or another company name) due to failure to comply with contractual
specifications? NO
If so, where and why?.
Has any officer or parmer of your organization ever failed to complete .a construction contract
handled in his own name?
NO
If so, state name of individual, name of owner, and reason thereof
In what other lines of business are you financially interested or engaged? MANUFACI'uRER DISTRIBIIIOR &
~ARRAI~'rX REPAIR STATION.
BID NO: No. 47-02/03 CITY OF MIAMI BEACH
DATE: 08/15/03 49
Give references as to experience, ability, and financial standing I~:I~ON IINII'ED NATIONAL BM~I~
14'ARATHON ~.E~IC~ ~?g~IS~I ~,-. T.EESON ~. ~.S. ~,EC~IC. TAlC ~RICA
~at equipment do you om that is available for ~e proposed work and wh~e located?
O~R~Afl BRT~E. ~R CRA~, pREES~S~ ~S, D~C B~CING,~IZING ~P-,
~LLING . fIG ~ING~ RAI.ANC~,~B~TION ~ESTE~,~SER ~IGNERS,S~oB~STING,
B~ING O~NS, DIPPING T~S, ~I FACILI~, LO~ B~ T~STING, LOCAT~ IN O~ ~0~ SHOt
~at Ba~ or Banks have you a~ged to do business wi~ d~g ~e coupe of~e Con.aa should
it ~ awarded to you? ~.n~ ~.~ ~.mw~. ~
Please list the names and addresses of the subcontractors to be used for the portions of the work
listed below.
NONE
I HEREBY CERTIFY that the alcove answers are true and correct.
~_._ (SEAL)
(SEAL)
BID NO: No. 4%02/03 CITY OF MIAMI BEACH
DATE: 08/15/03 50
Vendor Campaign Contribution(s):
You must provide the names of all individuals or entities (including your sub-consultants)
with a controlling financial interest. The term "controlling financial interest" shall mean the
ownership, directly or indirectly, of 10% or more of the outstanding capital stock in any
corporation or a direct or indirect interest of 10% or more in a firm. The term "firm" shall
mean any corporation, parmership, business trust or any legal entity other than a natural
person.
HECTOR A. GOHEZ
JOSE G. ESPINOLA
HECTOR GOMEZ JR.
Individuals or entities (including our sub-consultants) with a controlling financial interest:
have XX have not contributed to the campaign either directly or indirectly, of a
candidate who has been elected to the office of Mayor or City Commissioner for the City of
Miami Beach. Please provide the name(s) and date(s) of said contributions and to whom
said contribution was made.
BID NO: No. 47-02/03 CITY OF MIAMI BEACH
DATE: 08/15/03 51
No:
Amount:
OCCUPATIONAL LICENSE
CITY OF HIALEAH, FLORIDA
Raul L. Martinez
76~zm._3 Mayor
1 c~,.5. O0
Theperson, firmorcorp, listedhemonisherebylicensedtoengageinthebusiness
specifiedsubjecttotheregulatlonsandrestrictionsoftheCityofHialeah, Florida.
ARMATURE REWINDING SHOPS
CONDO ELECTRIC MOTOR REPAIR
P.O. BOX 3340
HIALEAH, FL 33013
3745 E 10 CT
VALIDATING No. 0000 EXPIRES SEPTEMBER 30,2003
ORDINANCE NO. 2o02-3378
AN ORDINANCE OF THE MAYOR AND Gn'Y GOtlMSSK)N OF THE GITY OF
MIAMI BEACH, FLORIDA, MENDING GHAPTER2 OF THE G(XJE CX: THE CITY.
THEREOF, ENTITLED '~TAHDARDS OF GOfllXJCT', BY AMEM:)MO DNISK)N
41, ENTITLED "PROCUREMENT", BY AMENDING SECTION '2.488, ENTITI..H)
'CONE OF SILENCE"; BAlD AMEN[XJENT, IN PART, EXTEMXNG THE
pROpOOAL8 (RPP'S)~ REQUEST FOR QUALnqCATmfl$ (Rr-QI), AND
INVrrATIOfl r-OR mbs (mos), BETWE~ THE MAYOR MD crrY
CoMImmONERS AND THEIR RESPECTIVE 8TAFF AND ANY POTENTIAL
VENDOR, SERVICE PROVK)ER, BIDDER, LOBBYIST, OR CONSULTANT;
COMMUNkI, K'rK)NS; PROVlm#O FURTHER FOR REPF.4LER, BEI/BU~II.~Y,
County's Cone of Sleflce Ordlrmnce, with .n eflredive date of Fdxuary 8, 2002; mid
i:wovJdod tho ~ be Ilndod sMclfy ~ ~ of IXOCNO or procodum, dr~
WHERP. A8..MlamI-Dede CouMy'$ oppn)ved amonclnunt8 idchKI 8ddJtionM
the chairpemofl of a MMec~cn commWee about a pa~mMr aeled~n cmvnitlae'
WHIne:AS, Miand-Dode County's ~ amendmonts oddod addllJond
BH) NO: No. 47-02/03 CITY OF MIAMI BEACH
DATE: 08/15/03 52
service providers, bldders,'lob~sls, and con~ltinls doing business in the City of Miami
Beech, lite Administration and the City Attorney's Office herein recommends lhllt I~e
MaY°r and City Commission amend the City's Cone of Silence O~tnance acconling!y.
~, THEREFORE, BE IT ORDAINED BY THE MAYOI~ AND CITY
COMMI881ON OF THE CITY OF MIAMI BEACH:
8ECTION 1. Section 2-426, of Division 4 of A-tide VII of Chapter 2 of the Miami Beach
City Code i~ hereby amend~ to read .. follows:
(a) Contracts for the ixovi~n of good.~ services, and oondm(:~n Pe3tec~. eOmF
(1) Definition. -Cone of slence' is hereby dellned to mean a prohlbib~ on:
(a) any communication reg~dlng a particular requeet for proposal ('RFP').
~.~.~-- . ...................
or bid between a potential vendor, service provider, bidder, lobbyist, or
con~ultar~ and the city's admini~-~e staff indudir~ but nO~ limited to.
the city manag~ and his or her staff;
(b) any communication regsrdlng · palmist RFP. RFQ, RR~ or bid
any member of lhe city', admintslratK, e .tsff indudi~g, but no~ limited to.
the ~ manager, and 'his or her staff;-
· (o) any =ommunk~n mgsrdir~ a p~c"l~r RFP. RI=Q. ~ m ~d
between a potential vendor, sewice pro~ler, bidder, lobbyist, or
consultant and any member of a city evaluatlon ~;];r/jaf. j~;l~ifl
(d) any oommunioation regarding a parteular RFF). RFQ. Ri;L-I; oi' bid'
any amember of a city evaluation JI3dz~LltlI~KU~I oommittoe ttmrefor.
U. LU MU: LNO. 47-UZ/03 C:I'I¥ UP' MIAZ~B lSI~AC:Ii
DATE: 08/1.5/03 53
sen,ieee a statement dleCloeing the mClUlmmmlt~ of this diddon.
bid to.the city oommleelan, end .aid RFP, RFQ, ~ m bid b
r~,.'and the particular RFP, RFQ,-S~,a., or mo,
CITY OF MIAMI BEACH
BID NO: No. 47-02/03
DATE: 08/15103 54
admL__-~na gm ~___~ ~ ~r =,~ ~FP. NFO or bid nod.
ehall M. ooW M any wflUen oommuni~ationa '~lh ttm ~lY de~. The d~Y
14%
BID NO: No. 47-02/03 CITY OF MIAMI BEACH
DATE: 08/15/03 55
(Onl. No. ~4164, t
05/15/03
be mnildered for any RFP, RFQ, Rlqd or bid fora oontmet for t~e ~oe,
eornmt~. In ~ to any a~er penny ~ bY kin, viaMkm of mY
pfovIdon of thl..di,Mlon by8 db/~ eh.Il ~ubJK( Id employee to
pemomii kn~ of. I of thl dI ~II mlx~t IU~ll t~ the
1, 1-6.~; Old. No. 21Xll-3295, § i0 3-14-01}
c~noed to 'io,o.'. '.m~e,. or c~er apPmpr~ wo,d.
f~l~,,
BID NO: No. 47-02/03 CITY OF MIAMI BEACH
DATE: 08/15/03 57
OFFIC~ O~ THE CITY ATTORNEY
Tdephone: (30S) 673-747
T~ecopy: (3~) 673-700
· C*'OlVllVllSSION M~,MOX~q, NDtnVl
DATE:
MAYOR DAVID
JORG~ M. GOI~Z, ALEZ
SUBJECT: .A.~IB~D~ TO Cl*'l¥*~S 'aCON~ OF Rll .t'lqC~q'
Corinth's"Cam ~Silm~" C,,~anc~,.with m ~.,~iw.b~- of Fdxury 8. 2002.
amendmenu to ~: County's ~ whlch ~he City Manager and the City ~'s Of Scc
hn~n ~ be ~.~Gq,,~.~;~ as an ~ eo tb~ City's °wn "Con~ ofSibss~" Chdimnc~
m as ~ollows:
(2) ~nnc~~m*"~~'tPunns'i~"~"--h'R~'n~-.
(3) N~~~ ~a ~ ~) ~~m~
t~eo Comvadoo Cm~r zzviv.- ~o,,r~ Z~k~-- Stb,a ~ Date~
BID NO: No. 47-02/03 CITY OF MIAMI BEACH
DATE: 08115/03 58
(4)
(~
the C'm/Cle~ md be imHuded in'anY recommmd~on ~ mbmil~M by
County's Ethics lemsbdon, u codmed tn Section 2 or'the Miam-~sde County Co~,
not. t~w~or, m~ of the reasons ~bst ilm. City oflViiami Beach adoim~ its ~wn ~ ofsilox~ '
(wMCh is k.m~ ~), ~ ,~, ~ ~ c~
BID NO: No. 47-02/03 CITY OF MIAMI BEACH
DATE: 08/15/03 59
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
te,m 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, ~s 1, 2, 3-4-92; Ord. No. 92-2785, 55 1, 2, 647-92)
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. 47-02/03 CITY OF MIAMI BEACH
DATE: 08/1 $/03 60
(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 heating 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 ail
lobbyists shall be required prior to October 1 of every even-nnmbered year;, and the fee for
biennial registration shall be as specified in appendix A.
(g) In addition to the matters addressed above, every registrant shall be required to state the
extent of any business, financial, familial or professional relationship, or other relationship
giving rise to an appearance of an impropriety, with any current City commissioner or
personnel who is sought to be lobbied as identified on the lobbyist registration form filed.
(h) The registration fees required by subsections (a) and (f) of this section shall be deposited by
the clerk into a separate account and shall be expended only to cover the costs incurred in
administering the provisions of this division. There shall be no fee required for filing a notice
of withdrawal, and the City manager shall waive the registration fee upon a finding of
financial hardship, based upon a sworn statement of the applicant. Any person who only
appears as a representative of a nonprofit corporation or entity (such as a charitable
organization, a neighborhood or homeowner association, a local chamber of commerce or a
trade association or trade union), without special compensation or reimbursement for the
appearance, whether direct, indirect or contingent, to express support of or opposition to any
item, shall not be required to register with the clerk as required by this section. Copies of
registration forms shall be furnished to each commissioner or other personnel named on the
forms.
No. 92-2777, 5 3, 3-4-92; Ord. No. 92-2785, 5 3, 6-17-92)
BID NO: No. 47-02/03 CITY OF MIAMI BEACH
DATE: 08/15/03 61
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 heating before the city
commission, planning board, board of adjustment, or other board or committee and has no
other communication with the personnel defined in section 2-481, for the purpose of
self-representation without compensation or reimbursement, whether direct, indirect or
contingent, to express support of or opposition to any item, shall not be required to register
as a lobbyist, including but not limited to those who are members of homeowner or
neighborhood associations. All speakers shall, however, sign up on forms available at the
public hearing. Additionally, any person requested to appear before any city personnel,
board or commission, or any person compelled to answer for or appealing a code violation, a
nuisance abatement board heating, 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, 5~ 4, 5, 3-4-92; Ord. No. 92-2785, ~5 4, 5, 6-17-92)
See. 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 I 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 fi.om lobbying before the commission or
any committee, board or personnel of the city.
(Ord. No. 92-2777, 5 6, 3-4-92; Ord. No. 92-2785, ~ 7, 6-17-92)
BID NO: No. 47-02/03 CITY OF MIAMI BEACH
DATE: 05/15/03 62
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 G-rea~-r Miami Chamber of Commerce ("GMCC') adopted a
Model Code of Business Ethics (thc "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 OMCC encourages its members to adopt the principles and
practices outlined in the Model Code; and
WHEREAS, the Commission believes that each entity which docs business with
the City of Miami Beach should be required, as a condition of doing business with the
County to adopt a Code of Business Ethics.
NOW, THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA:
Section I. Each person or entity that seeks to do business with the City shall
adopt a Code of Business Ethics ("Code") and submit that Code W the City Manager or
his or her designee prior to execution of any contract between the contractor and the City.
The Code of Business shall, at a minimum, require the contractor to comply with all
applicable governmental rules and regulations including, among others, the conflict of
interest, lobbying and ethics provisions of the City Code.
Section 2. The Commission urges the Greater Miami Chamber of Commerce
to require that all of its members adopt the Model Code of Business Ethics.
Section 3.
adoption.
This resolulion shall become effective immediately upon its
BID NO: No. 47-02/03 CITY OF MIAMI BEACH
DATE: 08/I 5/03 63
PASSED and ADOPTED th~s
ATTEST:
CITY CLERK
121-h
day of April 2000
·' MAYOR
FCRM & LANGIJAC~
& FOR EXECA/i~,,
BID NO: No. 47-02/03 CITY OF MIAMI BEACH
DATE: 08/15/03 64
GREATER MIAMI CHAMBER OF COMMERCE
MODEL CODE OF BUSINESS ETHIC8
STATEMENT OF PURPOSE
The Greater Miami Chamber d CommerCe CGMCC") seeks to craa~e and sustain an e~hical business
climate for its members and the community by adopting · Code of Business Ethics. The OMCC
encourlges Ils members to incorporate the principles ~nd practicea outlined hera in their individual
~..odes of ethics which wll guide their relationships with ctmtomors, clients and suppliers. This Model
Code can and s~ould be prominently displayed at all business locations and may be incorporated into
marketing materials. The GMCC believes thai its members should use this Code as a model for the
development of their o~ganizatlons' business codes of athica.
Thio Model Code ia o IteJl~mar~ olprincij31ea to }m!.p ~.~de_d..a~.on./. and ..ac~o~.s b.asad, on map. ac!. ? th.e
importance al ethical business slandard* in Ihe comrmmm/. ~ n~. ~M~ =?,aves ma aoopl,.on m a me~u~ng~u~ c~oe
of ethics is the responsibiltly el every, business en~l professmnm o~gomzal~on.
t~¢?mollance with Government Rules & Raauiaflens
· Wa will prope~y maintain all records and post all licenses and certificates
in prominent places easily aacn by our employees and customers;
In dealing with government agencies and employees, we will cofldlJCt busincss in
accordance with all applicable rules and regulations and in tho open;
· We will report contract irregularities and oUler improper or unlawful business
practices to the Ethics Commission, the Office of Inspector General or
appropriate law enforcement authorities.
RactuHmenf. Selection & Comoensetion of Vendora and SuDl~llera
VVe will avoid conflicts of interest and disclose such confllct'~ when iclantitled;
· Gilts which compromise the integrIty o~ a business transaction are unacceplabte;
we will not kick back any portion of a contract payment to employees el the othe~
contracting party or accept such a kickback.
Bulineeq Accounting
All our fi~ancial lrsnsactions will be properly and fairly recorded in appropriale
books of account, and there will be no "off the books" transactions or secret
accounts.
Promotion and Sales of prodqc~S and Services
Our products will comply with ali applicable safety and quality standards;
We will promote and advertise our business and its products or services in a
manner which is not misl'eading end does not falsely disparage our competitors;
~oinq Business with the Government
BID NO: No. 47-02/03 CITY OF MIAMI BEACH
DATE: 08/15/03 65
· We will conduct business with government agertcles and employees in a manner
which avoicis even the appearance of imi~olxiety, Efforts fo cum/ pofltical
favoritism are unacceptal~e;
· Our bids will be competitive, appropriate to Ihs b~d documents and arrived ~t
Indepondanlly;
A~y challenges to contrsc~, awarded will have a substenllve basis and no~ be
pursued n~'aly because we. are the unsucces~ut bidde~,
· We will, to the bast cf' our abili~', p~orm government cc~rects ~varded et the
price and under the terms provided for in the contract. We will ~ submit inflated
invoices for goods provided or selVices pen'on'~ed under such coniracis, and
¢lah'~s will be made only for work actually pen~ormed. We will abide by all
contracting .nd subcontracting regulations,
· We will not, dirsctly or indirectly, offer to give a bribe or omerwise channe!
kickbacks from contracts ~w=rded, to government o~cials, their family' members
or business associates.
· We will no~ seek or expect preferential ~reatment on bids based on our
pa~cipation in poRical campaigns.
Public~ LIf'a ind. Politic~l Camoaians
· We encourage etl emproyees to participate in community lire, public sea, ice and
the poli~el pr~cecs;
We encourage all employees to recruit, support, and elect ethical aad qualified
public officials mhd engage them in dialogue and debate about business and
commur~¥ issues;
· Our contributions to political parties, comm~ees or individuals wn'll only be mede
in accordance with applicable law and will comply with all requirements for pubfic
disclosure. All contributions made on behalf of the business must be reported to
senior company management;
/
· We will not conlribute to the campaigns of persons who are convicted reichs or
those who do not sign the Fair Campaign Practices Ordinance.
· We wifl not knowingly disseminate false campaign informebe_n or support those
~OlqDO ELECTRIC NOTOR REPAIR ItL~TOR A. GO14:EZ PRESIDI/~i
Company Name Corporate Officer
SEPT. 19, 2003
Date
BID NO: No. 47-02/03 CITY OF MIAMI BEACH
DATE: 05/15/03 66
ORDINANCE NO 2000-3234
AN ORDINANCE OF THlg MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 2, ARTICLE
VI, ENTITLED "PROCUREMENT", BY CREATING DIVISION 5,
ENTITLED "DEBARMENT", SECTIONS 2-397 THROUGH 2-406 OF THE
CODE OF THE CITY OF MIAMI BEACH, FLORIDA, PROVIDING FOR
DEBARMENT OF CONTRACTORS FROM CITY WORK; PROVIDING
FOR SEVERABILITY; CODIFICATION; REPEALER; AND AN
EFFECTIVE DATE.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. Miami Beach City Code, Chapter 2, entitled "Administration", Article VI, entitled
"Procurement", is hereby amended by adding the following Division 5, entitled - "Debarment of
Contractors from City Work" reading as follows:
Division 5. Debarment of contractors from City work.
Section 2-397.Purpose of debarment.
(a)
The City shall solicit offers from, award contracts to, and consent to subcontractors with
responsible contractors only: To effectuate this police, the debarment of contractors from
City work may be undertaken.
(b)
The serious nature of debarment requires that this sanction be imposed only when it is in the
public interest for the City's protection, and not for purposes of punishment. Debarment shall
be imposed in accordance with the procedures contained in this ordinance.
Section 2-398.Definltions.
(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. 47-02/03 CITY OF MIAMI BEACH
DATE: 08/15/03 67
(b) Civil judgment means a judgment or finding of a civil offense by any court of competent
jurisdiction.
(c) Contractor means any individual or other legal entity that:
(1) Directly or indirectly (e.g. through an affiliate), submits offers for is awarded,, or
reasonably may be expected to submit offers or be awarded a City contract,
including, but not limited to vendors, suppliers, providers, Bidders, Proposers,
consultants, and/or design professionals, or
(2) Conducts business or reasonable man be expected to conduct business, with the City
as an agent,, representative or subcontractor of another contractor.
(d)
Conviction means a judgement or conviction of a criminal offense, be it a felony or
misdemeanor, by any court of competent jurisdiction, whether entered upon a verdict or a
plea. and includes a conviction entered upon a plea of nolo contendere.
(e)
Debarment means action taken by the Debarment Committee to exclude a contractor (and. in
limited instances specified in this ordinance, a Bidder or Proposer from City contracting and
City approved subcontracting for a reasonable, specified period as provided in subsection (j)
below: a contractor so excluded is debarred.
Debarment Committee means a group of seven (7) individual members, each appointed by
the Mayor and individual City Commissioners, to evaluate and. if warranted, to impose
debarment,
(g)
Preponderance Greater weight of the evidence means proof by information that, compared
with that opposing it, leads to the conclusion that the fact at issue is more probably true 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.
(J)
List of debarred contractors means a list compiled, maintained and distributed by the City's
Procurement Office. containing the names of contractors debarred under the procedures of
this ordinance.
Section 2-399. List of debarred contractors.
(a)
The City's Procurement Office. is the agency charged with the implementation of this
ordinance shall:
(1)
Compile and maintain a current, consolidated list (List) of all contractors debarred by
City depadments, Such List shall be public record and shall be available for public
inspection and dissemination;
BID NO: No. 47-02/03 CITY OF MIAMI BEACH
DATE: 08/15/03 68
(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 depadment 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 ofters 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 2400. Effect of debarment.
(a)
Debarred contractors are excluded from receiving contracts, and depat hnents shall not solicit
ofters from award contracts to, or consent to subcontracts with these contractors unless the
City Manager determines that an emergency exists justifying such action, and obtains
approval from the Mayor and City Commission, which approval shall be given by 5/7ths
vote of the City Commission at a regularly scheduled City Commission meeting. Debarred
contractors are also excluded from conducting business with the City as agents,
representatives, subcontractors or partners of other contractors.
(b) Debarred contractors are excluded from acting as individual sureties.
BID NO: No. 47-02/03 CITY OF MIAMI BEACH
DATE: 08/15/03 69
Section 2-401.Continuation of current contracts.
Commencing on the effective date of this ordinance, all proposed City contracts, as well as
Request for Proposals (RFP). Request for Qualifications (RFO). Requests for Letters of
Interest (RFLI). or bids issued be the City. shall incorporate this ordinance and specify that
debarment may constitute grounds for termination of the contract as well as disqualification
from consideration on any RFP, RFO. RFLI. or bid.
(b)
The debarment shall take effect in accordance with the notice provided by the City Manager
pursuant to subsection 2-405(h) below, except that if a City depadment has contracts or
subcontracts in existence at the time the contractor was debarred, the debarment period may
commence upon the conclusion of the contract, subject to approval of same be 5/7ths vote of
the Mayor and City Commission at a regularly scheduled meeting.
(c)
City departments may not renew or otherwise extend the duration of current contract or
consent to subcontracts with debarred contractors, unless the City Manager determines that
an emergency exists justifying the renewal or extension or for an approved extension due to
delay or time extension for reasons beyond the contractor's control and such action is
approved by 5/7ths vote of the Mayor and City Commission at a regularly scheduled
meeting.
(d)
No further work shall be awarded to a debarred contractor in connection with a continuing
contract where the work is divided into separate discrete groups and the City's refusal or
denial of further work under the contract will not result in a breach of such contract.
Section 2-402.Restrictions on subcontracting.
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 dote,mines that an emergency exists justifying such consent and the Mayor
and City Commission approves such decision by 5/7ths vote at a regularly scheduled
meeting.
(b)
The City shall not be responsible for any increases in project costs or other expenses
incurred by a contractor as a result of rejection of proposed subcontractors pursuant to
subsection 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 2-403.Debarment.
(a)
The Debarment Committee may, in the public interest debar a contractor for any of the
causes listed in this ordinance using the procedures outlined below. The existence ora cause
for debarment however, does not necessarily require that the contractor be debarred; the
seriousness of the contractotes acts or omissions and any mitigating factors should be
considered in making any debarment decision.
BID NO: No. 47-02/03 CITY OF MIAMI BEACH
DATE: 08/15/03 70
(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 t~ms 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 Depa~:hnent or by a
citizen-at large and shall be made in writing to the Office of the City Manager. Upon receipt
of a request for debarment, the City Manager shall transmit the request to the Mayor and
City Commission at a regularly scheduled meeting. The Mayor and City Commission shall
transmit the request to a person or persons who shall be charged by the City Commission
with the duty of promptly investigating and preparing a written report(s) concerning the
proposed debarment, including the cause and grounds for debarment as set forth in this
ordinance.
BID NO: No. 47-02/03 CITY OF MIAMI BEACH
DATE: 08/15/03 71
(b)
(c)
(d)
(e)
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 depmhuent person or persons
which prepared the report present evidence and argument to the Debarment Committee
Notice of proposal to debar. Within ten working days of the Debarment Committee having
received the request for debarment and written report, the City's Procurement Office, on
behalf of the Debarment Committee shall issue a notice of proposed debarment advising the
contractor and any specifically named affiliates, by certified mail. return receipt requested, or
personal service containing the following information:
(1) That debarment is being considered:
(2) The reasons and causes for the proposed debarment in terms sufficient to put the
contractor and any named affiliates on notice of the conduct or transaction(s) upon
which it is based;
(3) That a heating shall be conducted before the Debarment Committee on a date and
time not less than thirty (30) days after service of the notice. The notice shall also
advise the contractor that it may be represented by an attorney, may present
documentary evidence and verbal testimony, and may cross-examine evidence and
testimony presented against it.
(4) The notice shall also describe the effect of the issuance of the notice of proposed
debarment, and of the potential effect of an actual debarment.
No later than seven (7) working days, prior to the scheduled hearing date, the contractor
must furnish the City's Procurement Office a list of the defenses the contractor intends to
present at the hearing. If the contractor fails to submit the list, in writing, at least seven (7)
working days prior to the hearing or fails to seek an extension of time within which to do so,
the contractor shall have waived the opportunity to be heard at the hearing. The Debarment
Committee has the right to grant or deny an extension of time, and for good cause, may set
aside the waiver to be heard at the hearing, and its decision may only be reviewed upon an
abuse of discretion standard.
Hearsay evidence shall be admissible at the hearing but shall not form the sole basis for
initiating a debarment procedure nor the sole basis of any determination of debarment. The
hearing shall be transcribed, taped or otherwise recorded by use of a court reporter, at the
election Committee and at the expense of the City. Copies of the heating tape or transcript
shall be furnished at the expense and request of the requesting party.
Debarment Committee's decision. In actions based upon a conviction or judgment, or in
which there is no genuine dispute over material facts, the Debarment Committee shall make
a decision on the basis of all the undisputed material information in the administrative
record, including any undisputed, material submissions made by the contractor. Where
actions are based on disputed evidence, the Debarment Committee shall decide what weight
to attach to evidence of record, judge the credibility of witnesses, and base its decision on the
prepondenance greater weight of the evidence standard. The Debarment Committee shall be
the sole trier of fact. The Committee's decision shall be made within ten (10) working days
after conclusion of the hearing, unless the Debarment Committee extends this period for
good cause.
BID NO: No. 47-02/03 CITY OF MIAMI BEACH
DATE: 08/15/03 72
(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 Comi. 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. Debanx~ent shall be for a period commensurate with the seriousness of the
cause(s), and where applicable, within the guidelines set forth below, but in no event shall
exceed five (5) years.
(b)
The following guidelines in the period of debarment shall apply except where mitigating or
aggravating circumstances justify deviation:
(c)
(1) For commission of an offense as described in subsection 2404(a)(1): five (5) years.
(2) For commission of an offense as described in subsection 2404(a)(2): five (5) years.
(3) For commission of an offense as described in subsection 2404(a)(3): five (5) years.
(4) For commission of an offense as described in subsection 2404(a)(54): two (2) to five
(5) years.
(5) For commission of an offense as described in subsections 2404(b)(1) or (2): two (2)
to five (5) years.
The Debarment Committee may, in its sole discretion, reduce the period of debarment, upon
the contractor's written request for reasons such as:
(1) Newly discovered material evidence;
(2) Reversal of the conviction or civil judgment upon which the debarment was based;
(3) Bona fide change in ownership or management;
(4) Elimination of other causes for which the debarment was imposed; or
(5) Other reasons the Debarment Committee deems appropriate.
BID NO: No. 47-02/03 CITY OF MIAMI BEACH
DATE: 08/15/03 73
(d)
The debamtent 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. 47-02/03 CITY OF MIAMI BEACH
DATE: 08/15/03 74
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, fi.om 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
(hereinaRer collectively referred to as the "bidder") who has a substantial
interest in, and is aggrieved in connection with the solicitation or proposed
award of, a request for proposals ("RFP"), request for qualifications ("RFQ"),
request for letters of interest ("RFLI') or invitation for bid for goods and/or
services ("hereinafter, collectively referred to as the bid") may protest to the
BID NO: No. 47-02/03 CITY OF MIAMI BEACH
DATE: 08/15/03 75
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 Depadment, 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), fi.om the time the facts become known and, in any
case, at least two (2) business days prior to the opening of the. Such
protest must be made in writing to the City Manager or his or her
designee, and such protest shall state the particular grounds on which it
is based and shall include all pertinent documents and evidence. No bid
protest shall be accepted unless it complies with the requirements of this
section. Failure to timely protest bid specifications, requirements and/or
terms is a waiver of the ability to protest the specifications, requirements
and/or terms.
(2)
Any protest after the bid opening, including challenges to actions of any
evaluation or selection committee as provided in subsection (a) above,
shall be submitted in writing to the City Manager, or his or her designee.
The City will allow such bid protest to be submitted anytime until two
(2) business days following the release of the City Manager's written
recommendation to the City Commission, as same is set forth and
released in the City Commission agenda packet, for award of the bid in
question. Such protest shall state the particular grounds on which it is
based and shall include all pertinent grounds on which it is based, and
shall include all pertinent documents and evidence. No bid protest shall
be accepted unless it complies with the requirements of this section. All
actual bidders shall be notified in writing (which may be transmitted by
electronic communication, such as facsimile transmission and/or e-mail),
following the release of the City Manager's written recommendation to
the City Commission.
(b)Any bidder who is aggrieved in connection with the solicitation or proposed award of a
purchase order based on an oral or written quotation may protest to the City
Manager or his or her designee anytime during the procurement process, up to
the time of the award of the pumhase order, but not after such time. Such protest
shall be made in writing and state the particular grounds on which it is based and
shall include all pertinent documents and evidence. No bid protest shall be
accepted unless it complies with the requirements of this section.
(c)
The City may request reasonable reimbursement for expenses incurred in
processing any protest hereunder, which expenses shall include, but not be
limited to, stafftime, legal fees and expenses (including expert witness fees),
reproduction of documents and other out-of-pocket expenses.
BID NO: No. 47-02/03 CITY OF MIAMI BEACH
DATE: 08/15/03 76
(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)
O)
Responsiveness. Prior to any decision being rendered under this Ordinance with
respect to a bid protest, the City Manager and the City Attorney, or their
respective designees, shall certify whether the submission of the bidder to the
bid in question is responsive. The parties to the protest shall be bound by the
determination of the City Manager and the City Attorney with regard to the
issue of responsiveness .............................. j ....... ~, ............. ~
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 of a timely protest under
this section, the City shall not proceed further with the solicitation or with the
award pursuant to such bid unless a written determination is made by the City
Manager, that the award pursuant to such bid must be made without delay in
order to protect a substantial interest of the City.
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.
(k)At the time the City Manager's written recommendation for award of a bid is presented
at a meeting of the Mayor and City Commission, the City Attorney, or his or her
designee, shall present a report to inform the Mayor and City Commission of
any legal issues relative to any bid protest filed in connection with the bid in
question.
(1) The deteo~;ination of the City Manager and the City Attorney with regard to all
BID NO: No. 47-02/03 CITY OF MIAMI BEACH
DATE: 08/15/03 77
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 at, er its adoption on the 19th
day of January, 2002.
PASSED on First Reading this 19th day of December ,2001.
PASSED and ADOPTED on Second Reading this 9th day of January. 2002.
BID NO: No. 47-02103 CITY OF MIAMI BEACH
DATE: 08/15/03 78
ORDINANCE NO. 2003-3~].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 2-3?2; PROVIDING
FOR CODIFICATION, REPEALER, SEVERABILITY, AND AN EFFECTIVE
DATE.
WHEREAS, pursuant to Section 28'/'.084, Florida Statutes, entitled Preference to
Florida businesses, municipalities may award a preference to the lowest responsible
bidder having a principal place of business within this state; and
WHEREAS, a local preference to Miami Beach-based vendors will recycle public
funds back into the local economy; and
WHEREAS, Miami Beach-based vendors, as taxpayers, have given to the
community by providing economic development and creating employment
opportunities; and
WHEREA~, 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 prel=erence ordinance will not result in the City paying more
for goods and services, since it provides Miami Beach-based vendors with the
opportunity of providing the goods and services at the same cost as the lowest bid
received; and
WHEREAS, the basic tenet of public procurement of ensuring maximdm
competition will remain intact by requiring competitive bids.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CI1~' OF MIAMI BEACH, FLORIDA as foltows:
~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. 4%02/03 CITY OF MIAMI BEACH
DATE: 08/15/03 79
VI. PROCUREMENT
DIVISION 3. CONTRACT PROCEDURES
_~__--~. 2-37:2. ~r.:-::--~um to provide pr~,,..-ence ~ Mi~lmi _L~,~__-h~ vendom In
~.m~. tre_,~_ for aood.
Definitions. For pumoses of' this :__eect_.!_,:,n only. the followlna deflnitlona
(a) B/d shall mean a oomaatitive bid procedure _m~_m~blished thmuah the iasuarme
~f an invitation to bid. The term "bid," es ,__-~ed_ herein, shall not Include
mqu~ for oroae_-e!?, mque~!_- for n_,_,_,lification,, reauests for lattem or
interest, or the sc~.~elion of ourch_~e orders based on oral or written
(b) General ~e _rv/ce~__ me._-qs _m~ort serv~_?_$ rmrformed by an independent
qgntractor re~__,!rlna sr~ecie!!~_eeJ knowl_mJ_n~e, experience, or exDertise thai
in~lpdes, but is not limited to. pest control, lanitortal, laundry, catering.
~ecuritv. lawn rnaintenance and mainl~nance of equimTtent, framino, and film
(c) G _ood_~e incJ_,_,des, but is not limP__m~_ to. SUODIles. eaulament, materlais and
(d) ~rni B=.-ch~_~,,ed verm~or me._e_~s a bid_~er_, that has a valid occu_ national
license iseu_m~_ by the City of Miami BERII;~. which authorizes said vendor to
provide the su~_ect o_,~c,d_ s and/or se '._n, ic~__~ and has ~ headauartem in the
City, pr has a ~_mce__ of business located In the City at which it w~l moduce the
goods or perform the ~ervic..-~s to be Durchesed. The City Manaeer ehall
pdministrativelv resolve any !_~_~L~es relatirm to a vendor's status as a Miami
Besa_ ch-b~.-=od vendor, and his _cle~__sion on whether a vendor is a Miami
Ebb. ~.-h-based vendor shall be final.
(21
Exem~tion..
(a) The orovisions of this s _ec~__n. shall not aooiv, and no local m~ferenee shall
be ~_--:~nded hereunder, to bids or ~1 oroceduree for
~ervice.___,. which are defined, for =uroosas of this section, as any servic..~
where the City is obtairijpa advice, instru_~_io_n, or eaee~_:_~b~_d work from
indiv'KJual, firm, or coroomflon srmciflcallv c~ue!ifled in a particular area. ar~J
~lso b%o~e eerv~c_~_ procured pumuent to Sec'don ~87.055. Florida Statutes.
(b) The orovisions of this section shall not a0pl¥, and no local preference shall be .
e_~_~_?_rded hereunder, to bids end/or the soli~it~ti0n or orooosed award of a
·. purchase order .based-on an,oral or written ouotation for the purchase of..o~.. .....
c~ntract for, the constructionlrenoyation of oublic buildinQs, facilities~ oublic
works, or other public caoital construction oroiects.
(3) Preference in purchase of ooods or oeneret services. Except where federal or state
~aw manda_t_es to the contrary. In the ourchase of ~oods or .qeneral services by rr}eans o,
e comoetltlve bid. a oreference will be Riven to a responsive and resconsible Miami
I~e~_¢_~-b~__~_~d vendor, who is within 5% of the lowest and best bidder, an oooortunitv
orovidlncl said ~oods or Cleneral services for the lowest Fesoonsive bid amount.
(4~ Whenever. as a resv!t of the foreaolno oroference, the adiusted 0rices of two ~2) or
more Miami Beech-based vendors constitute the lowest bid for a competitively bid
purchase, and such bids are res0onsiye and otherwise equal with respect to quality anu
service, then the award shall be made to the Miami Beach-based vendor havino the
¢~reatest number Of its emolovees that are Miami Beach residents.
(5) Whenever, two ¢2} or more Miami Beach-based vendors have the same number of
i~ emolcv==s that are Miami Beach residents, then the awan;I shall be made to th=
Nlliami Beach-based vendor who is certified by Miami-Dada County as a Minoritv or
Wgmen Business Enterorise.
~6~ ComDatfson of ¢Tualiflcations. The preference~ established herein in no way orohibit
the riQht of the City ManaRer and/or the Mayor and City (~ommission. as aoolicable, to
compare quality of materials pr~nosed for ourchase and coml~are qualifications.
character, resoonsibilitv and fltne-~ of all oerson, firms or coroorations submlttino bids.
Further. the or~feren_r~_~ established herein In no way i~rohibit the rt~ht of the City
~anac~er and/or the Mayor and City Commission. as applicable, from ~ivincl env othe,
oreference oermitted by law instead of the preferences Rranted herein.
SECTION 2. CODIFICATION,
It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is
hereby ordained that the provisions of this ordinance shall become and be made part of
the Code of the City of Miami Beach, Florida, The sections of this ordinance may be
renumbered or relettered to accomplish such intention, and the word "ordinance' may
be changed to "section', "article", or other appropriate word.
~ECTION 3. REPEALER.
All ordinances or parts of ordinances in conflict herewith be and the same are hereby
repealed.
BID NO: No. 47-02/03 CITY OF MIAMI BEACH
DATE: 08/15/03 81
S~CTION 4. SEVERABILITY.
If any section, subsection, sentence, clause, phrase or portion of this Ordinance is, for
any reason, held invalid or unconstitutional, such portion shall be deemed a separate,
distinct and independent provision and SuCh' holding shall nol affect-'-the validily or
constitutionality of the remaining portions of this Ordinance.
SE(~TION 5. EFFECTIVE DATE.
This Ordinance shall take effect on the
which is 10 days after adoption.
PASSED and ADOPTED this llth day of
day of June - ., 2003,
June , 2003.
Letters or numbers that are stdcken through are deletions from existing
ordinance.
Letters or numbers that are underlined am additions to existing ordinance.
T:~AGENDA~2003~ap~1903tregula~LocalPreference.doc
BID NO: No. 47-02/03 CITY OF MIAMI BEACH
DATE: 08115/03 82
ORDINANCE NO. 2001-3301
AN ORDINANCE OF THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA,
CREATING DIVISION 6, TO BE ENTITLED "LIVING WAGE
REQUIREMENTS FOR CITY SERVICE CONTRACTS AND
CITY EMPLOYEES", OF ARTICLE VI, ENTITLED
"PROCUREMENT", OF CHAPTER 2 OF THE MIAMI
BEACH CITY CODE ENTITLED "ADMINISTRATION", BY
ESTABLISHING A LIVING WAGE REQUIREMENT FOR
CITY SERVICE CONTRACTS AND ESTABLISHING A
LIVING WAGE FOR CITY EMPLOYEES; PROVIDING FOR
REPEALER, SEVERABILITY, CODIFICATION, AND AN
EFFECTIVE DATE.
WHEREAS, the City of Miami Beach awards private firms contracts to provide services for
the public. The City also provides financial assistance to promote economic development and job
growth. Such expenditures of public money also serve the public purpose by creating jobs,
expanding the City's economic base, and promoting economic security for all citizens; and
WHEREAS, such public expenditures should be spent only with deliberate purpose to
promote the creation of full-time, permanent jobs that allow citizens to support themselves and their
families with dignity. Sub-poverty level wages do not serve the public purpose. Such wages instead
place an undue burden on taxpayers and the community to subsidize employers paying inadequate
wages by providing their employees with social services such as health care, housing, nutrition, and
energy assistance. The City has a responsibility when spending public funds to set a community
standard that permits full-time workers to live above the poverty line. Therefore, contractors and
subcontractors of City service contracts should pay their employees nothing less than the living
wage herein described; and
WHEREAS, in addition to requiring living wages for City services provided by private
firms, the City wishes to serve as an example by providing a living wage to all City employees.
NOW, THEREFORE, BE IT DULY ORDAINED BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA AS FOLLOWS:
SECTION 1.
That Division 6, to be entitled "Living Wage Requirements for City Contracts", of Article
VI, entitled "Procurement", of Chapter 2 of the Miami Beach City Code entitled "Administration" is
hereby created to read as follow:
BID NO: No. 47-02/03 CITY OF MIAMI BEACH
DATE: 08/15/03 83
Division 6.
Section 2-407.P.z:er','ed
Chapter 2
ADMINISTRATION
Article VI. Procurement
Living Wage Requirements for Service Contracts and City
Employees
Definitions
(a) "City" means the government of Miami Beach or any authorized agents, any board,
agency, commi.~sion, department, or other entiw thereof, or any successor thereto.
(b) "Covered Employee" means anyone employed by the City or any Service
Contractor, as further defined in this Division, either full or part time, as an employee with or
without benefits or as an independent contractor.
(c) "Covered Employer" means the City and any and all Service Contractors, whether
contracting directly or indirectly with the City, and subcontractors of a Service Contractor.
(d) "Service Contractor" is any individual, business entity, corporation (whether for
profit or not for profi0, partnership, limited liability company, joint venture, or similar
business who is conducting business in Miami Beach, or Miami Dade County, and meets one
(1) of the two (2) following criteria:
(1) The Service Contractor is:
(a) paid in whole or part from one or more of the City's general fund,
capital project finds, special revenue funds, or any other funds either
directly or indirectly, whether by competitive bid process, informal
bids, requests for proposals, some form of solicitation, negotiation, or
agreement, or any other decision to enter into a contract; or
(b) engaged in the business of, or part of, a contract to provide, a
subcontract to provide, or similarly situated to provide, services,
either directly or indirectly for the benefit of the City. However, this
does not apply to contracts related primarily to the sale of products or
goods.
"Covered Services" arc the t~e of services pumhased by the City that are subject to
the requirements of this Division which include the following:
(1) City Service Contracts
Contracts involving the City's expenditure of over $100,000 per year and which
include the following _types of services:
(1) food preparation and/or distribution;
(2) security services;
(3) routine maintenance services such as custodial, cleaning,
computers, refuse removal, repair, refinishing, and recycling;
BID NO: No. 47-02/03 CITY OF MIAMI BEACH
DATE: 08/15/03 84
(4) clerical or other non-supervisory office work, whether temporary
or permanent;
(5) transportation and parking services;
(6) printing and reproduction services;
(7) landscaping, Lawn, and or agricultural services; and
(8) park and public place maintenance
(2) Should any services that are beine oerformed bv City Emnlovees at the time this
ordinance is enacted be solicited in the future by the City to be oerformed by a
Service Contractor. such services shall be Covered Services subject to this Division.
SECTION 2-408. Resel~ved LIVING WAGE
(a) Livina Wa¢m Paid.
(1) Service Contractors.
All Service Contractors1 as defined by this Division, entering into a contract
with the City of Miami Beach shall pay to all its employees who provide
services covered by this Division, a living waqe of no less than $8.56 an
hour with health benefits, or a living wage of not less than $9.81 an hour
without health benefits, as described in this Section.
(2) City Employees.
For City Employees under the City pay plan, the City will beain to oar a
livin.q wa.qe consistent with the goals and terms of this Division on phase-in
basis beqinning in the 2001-2002 City budget year, increasinq on an
annual basis incrementally so that the Living Wage is fully implemented for
City employees in the 2003-2004 City budget year as may be adjusted
pursuant to subsection (c) below. Thereafter. the Livina Wage to be oaid
by the City to its employees shall not be subiect to the annual indexina
usina the Consumer Price Index for all Urban Consumers (CPI-U~ re(]uired
under subsection (c) below and instead shall be subiect to neootiations
within the collective bamainine structure.
(b) Health Benefits. For a Covered Employer or the City lo comply with the living
wage
provision by choosing to pay the lower ware scale available when a Covered
Employer also provides health benefits, such health benefits shall consist of
payment of at least $1.25 per hour towards the provision of health care benefits for
Covered Employees and their dependents. If the health benefits plan of the
Covered Employer or the City requires an initial period of employment for a new
employee to be eligible for health benefits (eligibility period) such Covered Employer
or City may qualify to pay the $8.56 per hour ware scale dudnR the new employee's
initial eligibility period provided the new employee will be paid health benefits upon
completion of the eligibility period. Proof of the provision of health benefits must be
submitted to the awarding authority to qualify for the wage rate for employees with
health benefits.
BID NO: No. 47-02/03 CITY OF MIAMI BEACH
DATE: 08/15/03 85
(c) Indexin_~. The livin.q ware will be automatically indexed each year usinR the
Consumer Price Index for all Urban Consumers (CPI-U) unless the City
Commission determines it would not be fiscally sound to implement the CPI-U in
a particular year.
(d) Certification Req,_,ired Before Payment. Any and all contracts for Covered
Services shall be void, and no funds may be released, unless pdor to enterinR
any aRreement with the City for a Covered Services contract, the employer
certifies to the City that it will pay each of its employees no less than the livinR
waRe described in Section 2-408 (a). A copy of this certificate must be made
available to the public upon request. The certificate, at a minimum, must include
the followinR:
· . the name, Address, and phone number of the employer, a local
contact person, and the specific proiect for which the Covered
Services contract is sou_~ht;
the amount of the Covered Services contract and the City
(2)
Department the contract will serve;
(3) a brief description of the proiect or service provided;
(4) a statement of the ware levels for all employees; and
(5) a commitment to pay all employees a livinR ware, as defined by
para.qraph Section 2-408 (a).
(e) Observation of Other Laws. Every Covered Employee shall be paid not less
than biweekly, and without subsequent deduction or rebate on any account
(except as such payroll deductions as are directed or permitted by law or by a
collective barclainincl a.qreement). The Covered Employer shall pay Covered
Employees ware rates in accordance with federal and all other applicable laws
such as overtime and similar ware laws.
(0
PostinR. A copy of the livinR ware rate shall be kept posted by the Covered
Employer at the site of the work in a prominent place where it can easily be seen
and read by the Covered Employees and shall be supplied to the employee
within a reasonable time after a request to do so. PostinR requirements will not
be required where the Covered Employer prints the followinR statements on the
front of the Covered Employee's first paycheck and every six months thereafter:
"You are required by City of Miami Beach law to be paid at least $8.56 dollars an
hour. If you are not paid this houdy rate, contact your employer, an attorney, or
the City of Miami Beach." All notices will be printed in English, Spanish, and
Creole.
(g) Collective Bamainin.¢l. Nothin.q in this Division shall be read to require or
authorize any Covered Employer to reduce wares set by a collective bamainin.q
a.qreement or are required under any prevailin(3 wai3e law.
SECTION 2-409. Reserved- IMPLEMENTATION
(a) Procurement Specifications. The living wage shall be required in the procurement
specifications for all City service contracts for Covered Services on which bids or proposals
BID NO: No. 47-02/03 CITY OF MIAMI BEACH
DATE: 08/15/03 86
shall be solicited on or after the effective date of this Division. The procurement
specifications for applicable Covered Services contracts shall include a requirement that
Service Contractors and their subcontractors agree to produce all documents and records
relating to payroll and compliance with this Division upon request from the City. All
Covered Service contracts awarded subsequent to the date when this Division becomes
effective, shall be subject to the requirements of this Division.
(b) Information Distributed. All requests for bids or requests for proposals for Covered
Services contracts of $100,000 or more shall include appropriate information about the
requirements of this Division.
Maintenance of Payroll Records. Each Covered g. mployer shall maintain payrolls for
all Covered Employees and basic records relating thereto and shall preserve them for a
period of three (3) years or the term of the Covered Services contract, whichever is
greater. The records shall contain:
(1) the name and address of each Covered Employee;
(2) the job title and classification;
(3) the number of hours worked each day;
(4) the gross wages earned and deductions made;
(5) annual wages paid;
(6) a copy of the social security retums and evidence of payment
thereof;
(7) a record of fringe benefit payments including contributions to
approved plans; and
(8) any other data or information this Division should require from
time to time.
(d) Reporting Payroll. Every six (6] month.q, the Covered Emnlover shall file with the
Procurement Director a comnlete oavroll showin~ the Covered Emnlover's pa/roll
records for each Covered Emnlovce workin~ on the contmct(s~ for Covered Services for
one oavroll ~eriod. Uoon request from/he City, the Covered Employer shall produce
for inspection and coovin~ its oavroll records for any or all of its Covered Employees
for any period covered-by the Covered Service contract. The City may examine nayroll
records as needed to ensure comoliance.
SECTION 2-410.
COMPLIANCE AND ENFORCEMENT.
(a) Service Contractor to Cooperate. The Service Contractor shall permit City employees,
agents, or representatives to observe work being performed at, in or on the project or matter
for which the Service Contractor has a contract. Thc City representatives may examine the
books and records of the Service Contractor relating to the employment and payroll to
determine if the Service Contractor is in compliance with the provisions of this Division.
(b) Complaint Procedures and Sanctions.
(1) An employee who believes that this Division applies or applied to him or her and
that the Service Contractor, or the City, is or was not complying with the requirements of
this Division has a fight to file a complaint with the Procurement Director of the
BID NO: No. 47-02/03 CITY OF MIAMI BEACH
DATE: 08/15/03 87
City. Complaints by employees of alleged violations may be made at any time and
shall be investigated within thirty (30) days by the City. Written and oral statements
by an employee shall be treated as confidential and shall not be disclosed without the
written consent of the employee to the extent allowed bv the Florida Statutes.
(2) Any individual or entity may also file a complaint with the Procurement Director
of the City on behalf of an employee for investigation by the City.
(3) It shall be the responsibility of the City to investigate all allegations of violations
of this Division within thirty (30) days. If, at any time, the City, upon investigation
determines that a violation of this Division has occurred, it shall, within ten (10)
working days of a finding of non-compliance, issue a notice of corrective action to
the employer specifying all areas of non-compliance and deadlines for resolutions of
the identified violations. If a Service Contractor fails to comply with any notice
issued, the City Manager or the City Manager's designee may issue an order in
writing to the Service Contractor, by certified mail or hand delivery, notifying the
Service Contractor to appear at an admini.~trafive heating before the City Manager or
the City Manager's designee to be held at a time to be fixed in such order, which date
shall be not less than five (5) days after service thereof.
(4)
The proceedings shall be informal, but shall afford the Service Contractor the
right to testify in the Service Contractor's own defense, present witnesses, be
represented by counsel, submit relevant evidence, cross examine witnesses and
object to evidence.
(5)
The proceedings shall be recorded and minutes kept by the City. Any Service
Contractor requiring verbatim minutes for judicial review may arrange for the
services of a court reporter at the expense of the Service Contractor.
(6)
Within ten (10) days of the close of the hearing, the City Manager or the City
Manager's designee shall render a decision in writing determining whether or
not the Service Contractor is in cnmpliance, or whether other action should be
taken, or whether the matter should be continued, as the case may be, and stating
the reasons and findings of fact.
(7)
The City Manager or the City Manager's designee shall file findings with the
City Clerk, and shall send a tree and correct copy of his order by certified mail,
return receipt requested, or by hand delivery, to the business address as the
Service Contmetor shall designate in writing.
(8) The City Manager's or designee's findings shall constitute the fmal
administrative action of the City for purposes ofiudicial review under state law.
(9)
If a Service Contractor fails to seek timely appellate review of an order of the
City Manager or the Ci[y Manager's designee, or to comply timely with such
order, the City may pursue the enforcement of sanctions set forth in Section 2-
410 (c).
BID NO: No. 47-02/03 CITY OF MIAMI BEACH
DATE: 08/15/03 88
(c) Private Rioht of Action A~.ain.~t Service Contractor Any Covered Emolovee of or
former Covered Emolovcc of a Service Contractor may. instead of utilizim, thc City
0dminLqtrativc nroccdure set forth in this Division. but not in addition to such oroccdure.
brin~ an action bv filin~ suit a~ainst thc Covered F. mnloyer in any court of comoetcnt
jurisdiction to enforce thc orovisions of this Division and may bc awarded back nav.
benefits, attorney's fees. and costs. Thc applicable statute of limitations for such a claim will
bc two (2~ years as nrovidcd in Florida Statutes Section 95.11(4~(c) for an action for
navment of waees. The court may also im.m)se sanctions on the Service Contractor.
including those nersons or entities aidino or abettine the Service Contractor. to include waee
restitution to the affected Covered Emnloyee and damaees payable to the Covered Emnlovee
in the sum of un to $500 for each week each Service Contractor is found to have violated this
(d) Sanctions Against Service Contractors. For violations of this Division, thc City shall
sanction a Service Contractor by requiring thc Service Contractor to pay wage restitution
at the employers expense for each affected employee and may access the following:
(1) The City may impose damages in the sum of $500 for each week for
each employee found to have not been paid in accordance with this
Division; and/or
(2) The City may suspend or terminate payment under the Covered Services
contract or terminate the contract with the Service Contractor; and/or
(3) The City may declare the employer ineligible for future service contracts
for three (3) years or until all penalties and restitution have been paid in full,
whichever is longer. In addition, all employers shall be ineligible under this
section where principal officers of the employer were principal officers of an
employer who violated this Division.
(e) Public Record of Sanctions. All such sanctions recommended or imposed shall be a
matter of public record.
(f) Sanctions for Aiding and Abetting. The sanctions in Section 2-410 (c) shall also apply
to any party or parties aiding and abetting in any violation of this Division.
(g)
Retaliation and Discrimination Barred. A Covered Employer shall not discharge,
reduce the compensation, or otherwise discriminate against any Covered Employee for
making a complaint to the City, or otherwise asserting his or her rights under this
Division, participating in any of its proceedings or u~ing any civil remedies to enforce
his or her rights under this Division. Allegations of retaliation or discrimination, if found
true in a proceeding under paragraph (b) or by a court of competent jurisdiction under
pam~raoh (c), shall result in an order of restitution and reinstatement of a discharged
Covered Employee with back pay to the date of the violation or such other relief as
deemed appropriate.
(h) Enforcement Powers. If necessary for the enforcement of this Division, the City
Att=:-..=; Commission may issue subpoenas, compel the attendance and testimony of
witnesses and production of books, papers, records, and documents relating to payroll
BID NO: No. 47-02/03 CITY OF MIAMI BEACH
DATE: 08/15/03 89
records necessary for hearing, investigations, and proceedings. In case of disobedience of
the subpoena, the CiW Attorney may apply to a court of competent jurisdiction for an order
requiring the attendance and testimony of witnesses and production of books, papers,
records, and documents. Said court, in the case of the refusal to obey such subpoena, alter
notice to the person subpoenaed, and upon finding that the attendance or testimony of such
witnesses of the production of such books, papers, records, and documents, as the case may
be, is relevant or necessary for such hearings, investigations, or proceedings, may issue an
order requiring the attendance or testimony of such witnesses or the production of such
documents and any violation of the court's order may be punishable by the court as contempt
thereof.
(i) Remedies Herein Non-Exclusive. No remedy set forth in this Division is intended to
be exclusive or a prerequisite for asserting a claim for relief to enforce the rights under this
Division in a court of law. This Division shall notbe construed to limit an employee's right
to bring a common law cause of action for wrongful termination.
SECTION 2. REPEALER.
Ali ordinances or pans of ordinances in conflict herewith be and the same are hereby
repealed.
SECTION 3. SEVERABILITY.
If any section, subsection, clause, or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
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 returned.
SECTION 5. EFFECTIVE DATE.
This ordinance shall take effect on the
PASSED and ADOPTED this 18th
ATTI~T:
CITY CLERK
28th day of April ,2001.
day of April ,2001.
· ' ' MAYOR
B
D
2nd rudin8 ~
Ordt. nanc~ I~o. 2001-3301
FORM & LANGUAOE
& FOR ~ON
city Attorney 't~
ORDINANCE NO. 2003-3389
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AMENDING MIAMI BEACH CITY CODE
CHAPTER 2, ARTICLE VII BY CREATING DIVISION 5 THEREOF ENTITLED
"CAMPAIGN FINANCE REFORM", AND FURTHER AMENDING CITY CODE
SECTION 38-6 ENTITLED "PROHIBITED CAMPAIGN CONTRIBUTIONS BY
VENDORS" AND CITY CODE CHAPTER 2 BY TRANSFERRING SAID
SECTION FROM CHAPTER 38 OF THE CODE TO CITY CODE CHAPTER 2,
ARTICLE VII, DIVISION 5, RENUMBERING CODE SECTION 38-6 TO CODE
SECTION 2-487; AMENDING SAME BY MANDATING THAT THE CITY
PUBLISH NOTICE REQUIREMENTS OF THIS ORDINANCE, ESTABLISHING
RESPONSIBILITY OF CANDIDATES FOR ELECTED OFFICE TO DETERMINE
STATUS OF POTENTIAL DONOR AS VENDOR, CLARIFYING AND CREATING
DEFINITIONS, CREATING ADDITIONAL WAIVER PROVISION WHEN
TERMINATION OF EXISTING CONTRACT WOULD BE ECONOMICALLY
ADVERSE TO CITY'S BEST INTERESTS; PROVIDING FOR REPEALER,
SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. That Miami Beach City Code Chapter 2, Article VII, is hereby amended by the
creation of Division 5 thereof entitled "Campaign Finance Reform" and is further amended by
transferring Section 38-6 entitled "Prohibited Campaign contributions by Vendors" from City Code
Chapter 38 to City Code Chapter 2, Article VII, Division 5 and renumbering said Section 38-6 to
Section 2-487, to read as follows:
DIVISION 5. CAMPAIGN F1NANCE REFORM
Sec. ~ ~ 2-487. Prohibited Campaign Contributions by Vendors
(-~-)A. General.
(1)
(a) No F~-.oc.n ;;-kc. ~: a vendor to thc c:-W shall give a campaign contribution
directly, or thm'.:gk a memb~ ef~e ~:en's L-r.~me~:.at e ~"~:~.~, ..... v. =..v.t'~"g~..=" ~^~..... ....
~+; ...... ;,+~ +~- ..... ~- ~+~ ...... ' ' ly t
...... o a candidate, or to the
.......... , .... ~, ..... j ..... t- ...... ; lndlrect
campaign committee of a candidate, for the offices of mayor or commissioner.
Commencing on the effective date of this ordinance, all proposed city contracts, as
well as requests for proposals (RFP), requests for qualifications (RFO). requests for
letters of interest (RFLI), or bids issued by the CiW, shall incorporate this Ordinance
so as to notify potential vendors of the proscription embodied herein.
(b) No candidate; or campaign committee of a candidate for the offices of mayor
or commissioner, shall gc~uc:* c.r rccc:.;'e deposit into such candidate's campaign
account any campaign contribution directly or indirectly from a pcmc. n -:&c. :.: a
vendor to the~'~", ~^- +~'..- ..... ~ ~..~- = ..... ~..~.~.~ r ~...e -:monv:: ................... J , .......... ~
91
(2)
(3)
(4)
financial: ....... :~ ~-..~: ..... *:,:~ Candidates (or those acting on their behalf)
shall ensure compliance with this code section by confirming with the Procurement
Division's City records (including City of Miami Beach website) to verify the vendu!:
status of any potential donor.
A fine of up to $500.00 shall be imposed on every person who violates this
protdl~ioa section. Each act of ~':~:+"+:^' giving or rzcz:v:ng depositing a
contribution in violation of this ~.xra~.~ph section shall constitute a separate
violation. All contributions received deposited by a candidate in violation of this
paragraph section shall be forfeited to the city's general revenue fund.
A person or entity who directly or ~rm:gh a mem~ cf the ~s.~n':
family, er t~cct:g~ a p$i;*;~l act:ch .-n...'n..!..c~ er --'5ruagk --.j ...... pemcn
indirectly makes a contribution to a candidate who is elected to the office of mayor
or commissioner shall be disqualified for a period of 12 months following the
sweating in of the subject elected official from ~ serving as a.
vendor with the city..v~;~ 7.~a.:,:^- cn ~'xar~act!ng k'.:a!nesa '":*~
As used
(a)
(b)
in this section:
1. A "vendor" is a person and/or entity who tm
o~ has been ~vv ...... J ....... z
:~ ,:.,~a .% .~ ....... , ...........
CiW as the success~l bidd~ on a present or peodin~ bid for ~oods~
equipment or se~ices, or h~ been approved by
pendin~ aw~ for ~oods, equipment or se~ices, prior to or upon execution
of a con.aa, p~ch~e order or stan~n~ order.
2. "Vendor" shall include natural persons and/or entities who hold ..a.
controlling financial interest in a vendor entity. The term "controlling
financial interest" shall mean the ownership, directly or indirectly, of 10% ot
more of the outstanding capital stock in any corporation or a direct or indirect
interest of 10% or more in a firm. The term "fimf' shall mean a corporation,
parmership, business trust or any legal entity other than a natural person.
3. For purposes of this ordinance, "vendor" s~n_,~ shall terminate upon.
completion of the agreement for the provision of goods, equipment ot
services...
For purposes of this section, the term "services" shall mean the rendering by
a vendor through competitive bidding or otherwise, of labor, professional
and/or consulting services to the City of Miami Beach.
92
The term contribution shall have the meaning ascribed to such term in
Chapter 106, Florida Statutes, as amended and supplemented (copies
available in City Clerks office).
Conditions for waiver of prohibition. The requirements of this section may be waived by a
5/7th vote for a particular transaction by city commission vote after public hearing upon
finding that:
The p.mpc.-./goods, equipment or services to be involved in the proposed transaction
are unique and the city cannot avail itself of such prcpe.~/~ment or
services without entering into a transaction which would violate this section but for
waiver of its requirements; or
The business entity involved in the proposed transaction is the sole source of supply
wlt~:.n t~: z:.~' as determined by the City's Procurement Director in accordance with
procedures established in section 2-367(c) of the Miami Beach City Code; or(4){3)
An emergency contract (as authorized by the City Manager pursuant to
section 2-396 of the Miami Beach CiW Code) must be made in order to protect the
health, safety or welfare of the citizens of the city, as determined by a five-sevenths
vote of the city commission:; or
A contract for the provision of goods, equipment or services exists which, if
terminated by the City, would be adverse to the best economic interests of the City.
93
Any grant of waiver by the city commission must be supported with a full disclosure of the subject
campaign contribution.
Applicability. This section shall be applicable only to prospective transactions, and the city
commission may in no case ratify a transaction entered into in violation of this section.
SECTION 2. REPEALER
All ordinances or parts of ordinances in conflict herewith be and the same are hereby
repealed.
SECTION 3. SEVERABILITY
If any section, sentence, clause or phrase of this ordinance is held to be invalid or
unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the
validity of the remaining portions of this ordinance.
,SECTION 4. CODIFICATION.
It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is
hereby ordained that the provisions of this ordinance shall become and be made a part of the Code of
the City of Miami Beach, Florida. The sections of this ordinance may be renumbered or relettered to
accomplish such intention, and the word "ordinance" may be changed to "section", "article," or other
This Ordinance smell ~i~e effe~'t the -'~eti:deY°f"~~sttt~ s_2003'
ATTEMPT:ASSED
(R~tu:saxl by Comminion~r los~ Smi~ and approved by Community Affairs Commium)
(Pass~ on Ist R~din8 on Dgogmb~r 11,2002)
20039-338!
94
F:\PURC\$ALL\Roman\ORDINANCES\CAMPAIGN ORDINANCE2003-3389.doc
ORDINANCE NO. 2002-3363
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING MIAMI BEACH CITY
CODE CHAPTER 2, DIVISION 3, SECTION 2-485 THEREFORE
ENTITLED "LIST OF EXPENDITURES; FEE DISCLOSURE;
REPORTING REQUIREMENTS", BY REQUIRING DISCLOSURE OF
LOBBYIST' FEES; PROVIDING FOR REPEALER, SEVERABILITY,
CODIFICATION, AND EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND
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 dudng the reporting period. The
statement shall list in detail each expenditure by category, including
food and beverage, entertainment, research, communication, media
advertising, publications, travel, lodging and special events.
b. Each lobbyist ~ shall, before en.~ac~in(~ in any Iobbvin;
activities, submit to the City Clerk a ~J~ si,qned statement under oath disdosin,q the terms
and amounts of compensation (to be) paid by each principal to the lobbyist with repard to
the specific issue on which the lobbyist has been enraged to Iobb~
-- ~ ........ ~ , · ...... ~ ~IL._ L ~-- .
~~'~ ".. If no compensation has or will be pa d concerning thn
subject lobby services, a statement shall nonetheless be filed reflectinq as such.
Any change to info~¥~ation originally filed shall require that the lobbyist ~
~,~principal .... under subsection (b).above) file." ~ - ~ - - .~ - _
~ The lobbyist ~ principal) ~ a
continuing duty to supply accurate information and amend said reports when so
needed.
(b) (d) The city clerk shall notify any lobbyist (or principal) who fails to timely file an
the expenditure or fee disclosure reports referenced in sections (a) and (b) above. In
addition to any other penalties which may be imposed as provided is section 2-485.1, a fine
of $50.00 per day shall be assessed for reports filed after the due date.
(c) (e) The city clerk shall notify the Miami-Dade County Commission on Ethics and
Public Trust of the failure of a lobbyist (or principal) to file a either of the reports referenced
above and or pay the assessed fines after notification.
(d) (f) A lobbyist (or principal) may appeal a fine and may request a hearing before
the Miami-Dade Commission on Ethics and Public Trust. A request for a headng 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~th® ~same.~ ara:~, _.,~_
hereby repealed.
SECTION 3. SEVERABILITY
If section, sentence, clauSe or phrase of this ordinance is held to'be invalid Or
unconstitutional by any court of competent jurisdiction, then said holding shall in no way
affect the validity of the remaining portions of this ordinance.
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, Fiodda. 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.
This Ordinance shall take effect 18th day of May, 2002.
PASSED and ADOPTED on Second Reading this 8th day of May, 2002.
ATTEST:
(Requested by Commissioner Matti Bower and Co-sponsored by Commissioner Simon
Cruz, Jose Smith and Richard Steinberg)
~ reflects changes between first and second reading.
JKO~kw
F;ATTO~)L I J~R ES-ORD~2-485.ORD.DOC