Purchase of Bulk Concrete Mix
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INVITATION FOR BIDS
PURCHASE AND DELIVERY OF BULK
CONCRETE MIX
BID # 01-03/04
BID OPENING: DECEMBER 4,2003 AT 3: 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\bidtemplatel,doc
BID NO: 01-03/04 CITY OF MIAMI BEACH
DATE: 10/20/03 1
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CITY OF MIAMI BEACH
1700 CONVENTION CENTER DRIVE, MIAMI BEACH, FLORIDA 33139
http:\\WWN.miamibeachfl.gov
PROCUREMENT DIVISION
Telephone (305) 673.7490
Facsimile (305) 673.7851
INVITATION TO BID NO. 01-03/04
ADDENDUM NO.1
November 18,2003
PURCHASE AND DELIVERY OF BULK CONCRETE
MIX.
Please note the following changes:
The Pre- Bid meeting has been reschedule to November 25, 2003 at 10:00a.m. on the First
Floor Conference room at 1700 Convention Drive, Miami Beach, FL 33139
The deadline for receipt of bids has also been extended to December 11. 2003 at 3:00 p.m.
The opening of bids received will take place in the Procurement Division Office located at
City Hall, 3rd floor, 1700 Convention Center Drive, Miami Beach FL 33139.
CITY OF MIAMI BEACH
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Procurement Director'
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COMMISSION ITEM SUMMARY
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Condensed Title:
Request For Approval to Award a Contract to Central Concrete Supermix Inc.. Pursuantto Invitation to Bid
No. 01-03104, for the Purchase and Delivery of Bulk Concrete Mix in the Estimated Annual Amount Of
$131.000,
Inue:
Shall the City Commission Award A Contract to Central Concrete SUp8rmix Inc.?
Item Summary/Recommendation:
The purpose of Bid No. 01-03104 {the "Bidj is to establish a contract, by means of sealed bids to a qualified
contractor purchase and delivery of bulk concrete mile. The Street and Light DiIIision of Public Wor1cs will use
this concrete mix for the sidewalks located throughout the CIty of Miami Beach.
The BId requires bidders to be within approximately 15 miles radius of the City of Miami Beach. This is to
allow sutlicient trave' and work time before the material becomes unusable.
The BId also require bidder's plant to regularly stock the coloring additive "Miami Beach Red" as supplied by
the following manufactures LAMBERT, QC COLOR or SCHOFIED.
APPROVE THE AWARD OF CONTRACT.
Advisory Board Recommendation:
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Financlallnfonnation:
Source of .................... I.ArMUid. .. I>> .....AcC~"' p: ......... ..Ap. roHd.
... . .. 'p -. p. .
Funds: .. .. .. ..1. .. $106,000,00 I Gas Tax 011.9407.000.342
LW ... ..2 $25,000.00 Streets 01 1.0840.000.342
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TotaL. $131,000.00
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Gua Lopez, Ext.8641 .
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T:\AGENDA\2004\Apr1404\Consent\ITB01-03-04SummaryBulkConcreteMix.dOC
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Agenda Item
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CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH. FLORIDA 33139
www.miamibeachn.gov
COMMISSION MEMORANDUM
To:
Mayor David Dermer and Date: April 14, 2004
Members of the City Commission
Jorge M. Gonzalez ~.
City Manager 0 v
REQUEST FOR APPROVAL TO AWARD A CONTRACT TO CENTRAL
CONCRETE SUPERMIX INC., PURSUANT TO INVITATION TO BID NO. 01-
03/04 FOR THE PURCHASE AND DELIVERY OF BULK CONCRETE MIX IN
THE ESTIMATED ANNUAL AMOUNT OF $131,000.
From
Subject:
ADMINISTRATION RECOMMENDATION
Approve the Award.
FUNDING
$106,000
$25,000
ANALYSIS
Funding is available from the Public Works Department Gas Tax
Account No. 011.9407.000.342 and
Public Works Streets Account No.011,0840,OOO.342
The purpose of Bid No. 01-03/04 (the "Bid") is to establish a contract, by means of sealed
bids to a qualified contractor purchase and delivery of bulk concrete mix. The Street and
Light Division of Public Works. will use this concrete mix for the sidewalks located
throughout the City of Miami Beach.
The Bid was issued on October 27, 2003. with an opening date of to December 4, 2003.
BidNet issued ten (10) notices to prospective bidders, and the Procurement Division issued
twelve (12) additional notices, resulting in the receipt of one bid.
The Bid requires bidders to be within approximately 15 miles radius of the City of Miami
Beach. This is to allow sufficient travel and work time before the material becomes
unusable.
The Bid also require bidder's plant to regularly stock the coloring additive "Miami Beach
Red" as supplied by the following manufactures LAMBERT, QC COLOR or SCHOFIED.
The Administration explored the possibility of using Miami-Dade County's Contract, but
since 80% of the concrete used by the City has "Miami Beach Red" coloring, and the
County Contract does not provide for the Miami Beach Red coloring, it was decided that
the County Contract would not meet the City's needs.
30
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Commission Memo Bulk Concrete Mix
ITB 01-03/04
Page 2 of 7
The Procurement Division contacted other prospective vendors to determine why they
elected not to Bid, and the reasons given are as follows:
. Rinker Concrete stated that their administrator did not have enough time to review
the Bid.
. Rio's Concrete stated that the person in charge was out of town.
. Florida Rock & Sand Co. and South Florida Concrete & Ready Mix, Inc stated that
their company's plant was not within 15 miles radius.
. Continental Concrete stated that they are engage in other work, and unable to take
part in the bid at this time.
Attached is the tabulated price sheet. Pursuant to Section 2-367(c) of the City Code, the
Administration negotiated a price decrease through December 31, 2004. (see Attachment
No.1).
The term of their contract will be in effect upon execution of the contract until June 3D, 2005.
However, due to a short supply of raw materials used in manufacturing concrete, Central
Concrete Supennix, the recommended bidder, will only honor their prices firm through
December 31,2004. The Administration will negotiate a price increase or decrease based--
on market conditions for the period commencing January 1 through June 30, 2005.
The Procurement Division verified that cement is in fact a volatile commodity as a result of
significant increases in demand combined with Jess available cement in the world. See
attached letters from the two major suppliers of cement to in the state of Florida: 1) Florida
Rock Industries; and 2) Cemex.
· Providing that negotiations with Central Concrete Supennix are successful relative to a fair
and reasonable price based on market conditions, and Central agreeing to the same terms
and conditions of the awarded contract, the contract may be extended for an additional three
(3) years, on a year to year basis, if mutually agreed upon by both parties,
To determine if the City was receiving a fair and reasonable price, the Procurement
Division conducted a benchmark analysis to include pricing from another suppliers (see
Attachment No.2) and pricing from Miami-Dade County for their Ready Mixed Contract
(Bid No. 6099-3/09 see Attachment No.3).
The Procurement Division contacted the references submitted by the bidder to find out
what they have been charged by Central Concrete Supermix Inc. and received the
following information:
Vendor
John Moriarty & Associates
Miller & Solomon
E&F Builders
Est. Otv
300CY
25,OOOCY
600CY
Unit Cost
$50.00
$58.00
$65.00
Material bouaht mostlv
3000PSI regular
4000PSI regular
3000PSI regular
31
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Commission Memo Bulk Concrete Mix
ITB 01-03/04
Page 3 of 7
CONCLUSION
The Administration recommends that the contract be awarded to Central Concrete
Supermix Inc, pursuant to Invitation to Bid No. 01..Q3/04 for the purchase and delivery of
Bulk Concrete in the estimated annual amount of $131,000,
32
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Commission Memo for Bulk Concrete Mix
ITS 01-03/04
Page 5 of 7
Attachment No.2
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Commission Memo Bulk Concrete Mix
ITB 01-03/04
Page 5 of 6
Attachment No.3
raJ, She..
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OPIned 212Il2OO4
Date PNp'"U. V271ZOO4
Prep8rCld If: Lal" Gonzel.z
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Commission Memo Bulk Concrete Mix
ITB 01-03/04
Page 6 of 6
Attachment No.4
o.oba, Adeol.
From: Gonzalez, Laura (DPM) llAGONZQrniamidade.gov)
Sent: Thursday, MarrJl18, 2004 10:28 AM
To: O&Obll, Adlola
Ce: Clerk of the BOlIrd (COO)
SublllCl: Ready Mixed contract bid 60G9-3IOIl
Adeola,
See 1IIt.chad the negotiated prlcea far ready mixed concrete. Thl. Ie FOB Origin, nOl Delllnalion.
[,uIJI'U Gon%o[ez
S,., Procureme7l1 Agelll
IIIl1a & C_hof ""'laloll
111 NW 1.''''''''' a"". 1300
"'-I, """",. 3312.
1'111 30N7".,,,,., F.III 305037.....,07
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36
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No.1699 P,3
.MEmE)(
March 31, 2004
Dear Customer:
I hope that 2004 Is starting off well for your business. I felt that it was important to bring
to your attention recent phenomena that we believe will have significant Impact on
cement supply and pricing_ The US economy is growing and there are other economies
that are growing substantially faster (such as China which is predicted to consume
approximately 45 percent of total world cement demand in 2004). As a result, there is .
significantly less available cement in the world. Due to this pressure on supply and
huge increases in the world shipping market, imported cement costs. have increased
substantially this year. Additionally, stronger than expected demand in the fourth
quarter 2003 and the first quarter of this year has inventories at extremely low seasonal
levels constricting domestic supply as well. Cemel( is currently Implementing strategy to
help supply your needs In 2004. However, this comes at a much higher cost to our
company. These costs are In addition to escalating operating costs due mainly to
Increases in energy and insurance.
We believe that all of these factors will continue for the near future and expect that more
cement price. increases will be implemented this year. Your local Cemex sales
professlolJal will contact you soon with more information. We will continue to give you as
much notice as possible so that you. can adjust accordingly. We appreciate your
business and loo!c fOrYrcutlto serving. you during these dynamic times.
Sincerely,
/! ffd"//I4J
R. Frank Craddock, Jr;
ExecutIve Vice ?resident, Sales
IInllld ShIllS O,entil.
P.O. 80ll ft, 8rooksYiUe, AlI/ielL 34&05-000&, USA. Phone: (352) 1~7241, Fax; (352) 754-983G
37
AP{, /,2004 2:t4FM
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. . H..';:' flOBlDlIOCKIIIUS1RIfS,IIIC.
/j'~' '. .1 CEMElTSIOIP
./..... 304 Halonll SlII'lllMIIo FL S<4221
: ~. Tel. 941 .722-3410 I FlIX. 941-722~.n
Aprfl2,2oo4
JULY 1, 2004
PRICE ANNOUNCEMENT
'CONFIRMA nON
To our Customers:
On March 8, 2004 we mailed a price increase announcement to you which will. become
effectfve on July 1, 2004. It was our Intention to give you as much notification as possible
for your future planning. If for some . reason you did not receive our price announcement,
please contact your Florida Rock Cement representative or call our office.
We feel informatfon which will explain market conditions Is in order. This letter will prOVide
specifics which are well known within the construction industry that are causing major cost
increases to importers and suppliers of construction materials. In our state of Ronda we
have been consuming approximately 9,200,000 tons of cementitious products each year for
the past three years. Currently our state produces 5,000,000 to 5,300,000 tons, which leaves
a short fall of 4,000,000 tons. The majority of the 4,000,000 tons is imported from various
off shore sources and involves the use of ocean going bulk carriers which are currently in
short supply. Demand for these carriers has driven freight costs to unprecedented levels with
increases of S15.oo and higher per ton. There appears to be no relfef in the immediate
future. Importers of steel, lumber, aggregate, coal, gypsum, oft and cement are in
"uncharted waters" and must take action to continue In business. We found this webslte link
which provides information on the status of world shipping demands. If you are so inclined
you may log on to this site for more information:
httD: I'washi nlztontimes. com' uDi-breakine'20040308-060306-4921 r. htm
· March 9, 2004 article - The Washington Times
Understanding the changing markets and planning your future strategy will produce positive
results in a volatile situation. We want you to continue to be successful as our success
depends on you.
We at Rorlda Rock Industries, Inc. - Cement Group appreciate your business and look
forward to a long continuation of our business relations.
\ Florida Rock Industries, Inc. - CEMENT GROUP
~
A USA COMPANY
38
CITY OF MIAMI BEACH
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1700 CONVENTION CENTER DRIVE, MIAMI BEACH, FLORIDA 33139
hllp:\\miamibeachfl.gov
PROCUREMENT DIVISION
Telephone (305) 673-7490
Facsimile (305) 673-7851
PUBLIC NOTICE
INVITATION TO BID NO. 01-03/04
Sealed bids will be received by the City of Miami Beach Procurement Director, 3rd Floor, 1700
Convention Center Drive, Miami Beach, Florida 33139, until 3:00 p.m. on the 4th day of December
2003 for:
PURCHASE AND DELIVERY OF BULK CONCRETE MIX
Scope of Work: The work specified in this bid consists of furnishing labor, machinery, tools, means
of transportation, supplies, equipment, materials, services necessary for the purchase and delivery of
bulk concrete mix. This concrete mix will be used for the sidewalks in the City of Miami Beach by
the Street and Light Division,
At time, date, and place above, bids will be publicly opened. Any bids or proposals received after
time and date specified will be returned to the bidder unopened. The responsibility for submitting a
bid/proposal before the stated time and date is solely and strictly the responsibility of the
bidder/proposer, The City is not responsible for delays caused by mail, courier service, including
U.S. Mail, or any other occurrence,
A Pre-Bid Conference will be held at 10:00 a.m. on the 18th of November 2003 at the City of
Miami Beach City Hall, in the City Manager's Small Conference Room, located on the Fourth
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.
Bid Guarantv: N/A
Estimated Budget: 550,000.00
The City of Miami Beach has contracted with BidNet and has begun utilizing a new central bid
notification system created exclusively for state and local agencies located in South Florida, Created
in conjunction with BidNet(r), this new South Florida Purchasing system has replaced the
DemandStar system and allow vendors to register online and receive notification of new bids,
amendments and awards. Vendors with Internet access should review the registration options at the
following website: www.l!:ovbids.comlscripts/southfloridaloubliclhomel.asD. If you do not have
Internet access, please call the BidNet@ support group at 800-677-1997 extension # 214.
BID NO: OJ-03/04
DATE: JO/20/03
CITY OF MJAMI BEACH
2
'"
Any questions or clarifications concerning this Bid shall be submitted in writing by mail or facsimile
to the Procurement Division, 1700 Convention Center Drive, Miami Beach, FL 33139, or FAX:
(305) 673-7851.
The Bid title/number shall be referenced on all correspondence. All questions must be received no
later than ten (10) calendar days prior to the scheduled Bid opening date. All responses to
questions/clarifications will be sent to all prospective bidders in the form of an addendum.
The City of Miami Beach reserves the right to accept any proposal or bid deemed to be in the best
interest of the City of Miami Beach, or waive any informality in any proposal or bid. The City of
Miami Beach may reject any and all proposals or bids.
YOU ARE HEREBY ADVISED THAT THIS INVITATION TO BID IS SUBJECT TO THE
"CONE OF SILENCE, "IN ACCORDANCE WITH ORDINANCE NO. 2002-3378. A COPY
OF ALL WRITTEN COMMUNICA TION(S) REGARDING THIS BID MUST BE FILED WITH
THE CITY CLERK.
YOU ARE HEREBY ADVISED THAT THIS INVITATION TO BID IS SUBJECT TO THE
"CODE OF BUSINESS ETHICS" ("CODE"), IN ACCORDANCE WITH RESOLUTION NO.
2000-23879.
YOU ARE HEREBY ADVISED THAT THIS REQUEST FOR BID IS SUBJECT TO THE
CAMPAIGN CONTRIBUTIONS BY VENDORS ORDINANCE NO. 2003-3389.
YOU ARE HEREBY ADVISED THAT THIS INVITATION TO BID IS SUBJECT TO THE
CITY OF MIAMI BEACH DEBARMENT ORDINANCE NO. 2000-3234.
YOU ARE HEREBY ADVISED THAT THIS INVITATION TO BID IS SUBJECT TO THE
BID SOLICITATION PROTEST ORDINANCE NO. 2002-3344.
YOU ARE HEREBY ADVISED THAT THIS INVITATION TO BID IS SUBJECT TO THE
CITY OF MIAMI BEACH LOBBYIST FEES DISCLOSURE ORDINANCE NO. 2002-3363.
BID NO: 01-03/04
DATE: 10/20/03
CITY OF MIAMI BEACH
3
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YOU ARE HEREBY ADVISED THAT THIS BID SOLICITATION IS SUBJECT TO THE
LOCAL PREFERENCE ORDINANCE NO. 2003-3413. RESPONSIVE AND
RESPONSIBLE MIAMI BEACH-BASED VENDORS THAT ARE WITHIN 5% OF THE
LOWEST AND BEST BIDDER, WILL BE GIVEN AN OPPORTUNITY OF PROVIDING
SAID GOODS OR GENERAL SERVICES CONTAINED HEREIN, FOR THE LOWEST
RESPONSIVE BID AMOUNT.
CITY OF MIAMI BEACH
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Gus Lopez, CPPO
Procurement Director
BID NO: 01-03/04
DATE: 10/20/03
CITY OF MIAMI BEACH
4
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CITY OF MIAMI BEACH
1700 CONVENTION CENTER DRIVE, MIAMI BEACH, FLORIDA 33139
http:\\miamibeachfl.gov
PROCUREMENT DIVISION
Telephone (305) 673-7490
Facsimile (305) 673-7851
I NOTICE TO PROSPECTIVE BIDDERS
NO BID
Ifnot submitting a bid at this time, please detach this sheet from the bid documents,
complete the information requested, and return to the address listed above,
NO BID SUBMITTED FOR REASON(S) CHECKED AND/OR INDICA TED:
_Our company does not handle this type of product/service,
_We cannot meet the specifications nor provide an alternate equal product.
_Our company is simply not interested in bidding at this time.
_Due to prior commitments, I was unable to attend pre-proposal meeting,
_ OTHER. (Please specify)
Signature:
We do do not want to
product and/or service.
Title:
Company:
Note: Failure to respond, either by submitting a bid or this completed form, may result in your
company being removed from the City's bid list.
BID NO: 01-03/04
DATE: 10/20/03
CITY OF MIAMI BEACH
5
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PURCHASE AND DELIVERY OF BULK CONCRETE MIX
BID # 01103-04
1.0 GENERAL CONDITIONS
1.1 SEALED BIDS:
Original copy of Bid Form as well as any other pertinent documents must be returned in
order for the bid to be considered for award. All bids are subject to the conditions specified
hereon and on the attached Special Conditions, Specifications and Bid Form.
The completed bid must be submitted in a sealed envelope clearly marked with the Bid Title
to the City of Miami Beach Procurement Division, 3rd floor, 1700 Convention Center Drive,
Miami Beach, Florida 33139. Facsimile or e-mail bids will not be accepted.
1.2 EXECUTION OF BID:
Bid must contain a manual signature of an authorized representative in the space provided on
the Bid Form. Failure to properly sign bid shall invalidate same and it shall NOT be
considered for award. All bids must be completed in pen and ink or typewritten. No
erasures are permitted. If a correction is necessary, draw a single line through the entered
figure and enter the corrected figure above it. Corrections must be initialed by the person
signing the bid. Any illegible entries, pencil bids or corrections not initialed will not be
tabulated. The original bid conditions and specifications CANNOT be changed or altered in
any way. Altered bids will not be considered. Clarification of bid submitted shall be in
letter form, signed by bidders and attached to the bid.
1.3 NO BID:
If not submitting il bid, respond by returning the enclosed bid form questionnaire, and
explain the reason. Repeated failure to bid without sufficient justification shall be cause for
removal of a supplier's name from the bid mailing list.
1.4 PRICES QUOTED:
Deduct trade discounts and quote firm net prices. Give both unit price and extended total,
when requested. Prices must be stated in units of quantity specified in the bidding
specifications. In case of discrepancy in computing the amount of the bid, the UNIT PRICE
quoted will govern. All prices must be F.O.B. destination, freight prepaid (unless otherwise
stated in special conditions). Discounts for prompt payment. A ward, if made, will be in
accordance with terms and conditions stated herein. Each item must be bid separately and
no attempt is to be made to tie any item or items in with any other item or items. Cash or
quantity discounts offered will not be a consideration in determination of award ofbid(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: 01-03/04
DATE: 10/20/03
CITY OF MIAMI BEACH
6
PURCHASE AND DELIVERY OF BULK CONCRETE MIX
BID # 01103-04
1.6 MISTAKES:
Bidders are expected to examine the specifications, delivery schedules, bid prices and
extensions and all instructions pertaining to supplies and services. Failure to do so will be at
the bidder's risk.
1.7 CONDITION AND PACKAGING:
It is understood and agreed that any item offered or shipped as a result ofthis bid shall be the
latest new and current model offered (most current production model at the time of this bid).
All containers shall be suitable for storage or shipment, and all prices shall include standard
commercial packaging.
1.8 UNDERWRITERS' LABORATORIES:
Unless otherwise stipulated in the bid, all manufactured items and fabricated assemblies shall
be U.L. listed or re-examination listing where such has been established by U.L. for the
item(s) offered and furnished.
1.9 BIDDER'S CONDITIONS:
The City Commission reserves the right to waive irregularities or technicalities in bids or to
reject all bids or any part of any bid they deem necessary for the best interest of the City of
Miami Beach, FL.
1.10 EQUIVALENTS:
If bidder offers makes of equipment or brands of supplies other than those specified in the
following, he must so indicate on his bid. Specific article(s) of equipment/supplies shall
conform in quality, design and construction with all published claims of the manufacturer.
Brand Names: Catalog numbers, manufacturers' and brand names, when listed, are
informational guides as to a standard of acceptable product quality level only and should not
be construed as an endorsement or a product limitation of recognized and legitimate
manufacturers. Bidders shall formally substantiate and verify that product(s) offered
conform with or exceed quality as listed in the specifications.
Bidder shall indicate on the bid form the manufacturer's name and number ifbidding 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: 01-03/04
DATE: 10/20/03
CITY OF MIAMI BEACH
7
1.16
1.17
1.18
1.19
1.20
PURCHASE AND DELIVERY OF BULK CONCRETE MIX
BID # 01/03-04
1.13
NON-CONFORMANCE TO CONTRACT CONDITIONS:
Items may be tested for compliance with specifications. Item delivered, not conforming to
specifications, may be rejected and returned at vendor's expense. These items and items not
delivered as per delivery date in bid and/or purchase order may be purchased on the open
market. Any increase in cost may be charged against the bidder. Any violation of these
stipulations may also result in:
A) Vendor's name being removed from the vendor list.
B) All departments being advised not to do business with vendor.
1.14
SAMPLES:
Samples of items, when required, must be furnished free of expense and, if not destroyed,
will, upon request, be returned at the bidder's expense. Bidders will be responsible for the
removal of all samples furnished within (30) days after bid opening. All samples will be
disposed of after thirty (30) days. Each individual sample must be labeled with bidder's
name. Failure of bidder to either deliver required samples or to clearly identify samples may
be reason for rejection of the bid. Unless otherwise indicated, samples should be delivered to
the Procurement Division, 1700 Convention Center Drive, Miami Beach, FL 33139.
1.15
DELIVERY:
Unless actual date of delivery is specified (or if specified delivery cannot be met), show
number of days (in calendar days) required to make delivery after receipt of purchase order,
in space provided. Delivery time may become a basis for making an award. Delivery shall
be within the normal working hours of the user, Monday through Friday, excluding holidays.
INTERPRETATIONS:
Unless otherwise stated in the bid, any questions concerning conditions and specifications
should be submitted in writing to the Procurement Director, 1700 Convention Center Drive,
Miami Beach, FL 33139. Fax (305) 673-7851.
(NOT USED)
(NOT USED)
BID OPENING:
Bids shall be opened and publicly read on the date, time and place specified on the Bid
Form. All bids received after the date, time, and place shall be returned, unopened.
INSPECTION, ACCEPTANCE & TITLE:
Inspection and acceptance will be at destination unless otherwise provided. Title to/or risk
of loss or damage to all items shall be the responsibility of the successful bidder until
acceptance by the buyer unless loss or damage result from negligence by the buyer.
If the materials or services supplied to the City are found to be defective or not conform to
specifications, the City reserves the right to cancel the order upon written notice to the seller
and return product at bidder's expense.
BID NO: 01-03/04
DATE: 10/20/03
CITY OF MIAMI BEACH
8
PURCHASE AND DELIVERY OF BULK CONCRETE MIX
BID # 01/03-04
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 rnanner
affect the items covered herein apply. Lack of knowledge by the bidder will in no way be a
cause for relief from responsibility.
1.24 (NOT USED)
1.25 (NOT USED)
1.26 PATENTS & ROYALTIES:
The bidder, without exception, shall indemnify and save harmless the City of Miami Beach,
Florida and its employees from liability of any nature or kind, including cost and expenses
for, or on account of, any copyrighted, patented, or unpatented invention, process, or article
manufactured or used in the performance of the contract, including its use by The City of
Miami Beach, Florida. If the bidder uses any design, device or materials covered by letters,
patent, or copyright, it is mutually understood and agreed, without exception, that the bid
prices shall include all royalties or cost arising from the use of such design, device, or
materials in any way involved in the work.
1.27 OSHA:
The bidder warrants that the product supplied to the City of Miami Beach, Florida shall
conform in all respects to the standards set forth in the Occupational Safety and Health Act
of 1970, as amended, and the failure to comply with this condition will be considered as a
breach of contract. Any fines levied because of inadequacies to comply with these
requirements shall be borne solely by the bidder responsible for same.
1.28 SPECIAL CONDITIONS:
Any and all Special Conditions that may vary from these General Conditions shall have
precedence.
1.29 ANTI-DISCRIMINATION:
The bidder certifies that he/she is in compliance with the non-discrimination clause
contained in Section 202, Executive Order 11246, as amended by Executive Order 11375,
relative to equal employment opportunity for all persons without regard to race, color,
religion, sex or national origin.
BID NO: 01-03/04
DATE: 10/20/03
CITY OF MIAMI BEACH
9
\'
PURCHASE AND DELIVERY OF BULK CONCRETE MIX
BID # 01103-04
1.30 AMERICAN WITH DISABILITIES ACT:
Call (305) 673-7490NOICE to request material in accessible format; sign language
interpreters (five days in advance when possible), or information on access for persons with
disabilities. For more information on ADA compliance please call Heidi Johnson Wright,
Public Works Department, at 305.673.7080.
1.31 QUALITY:
All materials used for the manufacture or construction of any supplies, materials or
equipment covered by this bid shall be new. The items bid must be new, the latest model, of
the best quality, and highest grade workmanship.
1.32 (NOT USED)
1.33 LIABILITY, INSURANCE, LICENSES AND PERMITS:
Where bidders are required to enter or go onto City of Miami Beach property to deliver
materials or perform work or services as a result of a bid award, the successful bidder will
assume the full duty, obligation and expense of obtaining all necessary licenses, permits and
insurance and assure all work complies with all applicable Dade County and City of Miami
Beach building code requirements and the South Florida Building Code. The bidder shall be
liable for any damages or loss to the City occasioned by negligence ofthe bidder (or agent)
or any person the bidder has designated in the completion of the contract as a result of his or
her bid.
1.34 BID GUARANTY: N/A
1.35 DEFAULT:
Failure or refusal of a bidder to execute a contract upon award, or withdrawal of a bid before
such award is made, may result in forfeiture of that portion of any bid surety required equal
to liquidated damages incurred by the City thereby, or where surety is not required, failure to
execute a contract as described above may be grounds for removing the bidder from the
bidder's list
1.36 CANCELLATION:
In the event any of the provisions of this bid are violated by the contractor, the Procurement
Director shall give written notice to the contractor stating the deficiencies and unless
deficiencies are corrected within ten (10) days, recommendation will be made to the City
Commission for immediate cancellation. The City Commission of Miami Beach, Florida
reserves the right to terminate any contract resulting from this invitation at any time and for
any reason, upon giving thirty (30) days prior written notice to the other party.
1.37 BILLING INSTRUCTIONS:
Invoices, unless otherwise indicated, must show purchase order numbers and shall be
submitted in DUPLICATE to the City of Miami Beach, Accounts payables Department,
1700 Convention Center Drive, Miami Beach, Florida 33139.
BID NO: 01-03/04
DATE: 10/20/03
CITY OF MIAMI BEACH
10
\,
PURCHASE AND DELIVERY OF BULK CONCRETE MIX
BID # 01103-04
1.38 (NOT USED)
1.39 (NOT USED)
1.40 NOTE TO VENDORS DELIVERING TO THE CITY OF MIAMI BEACH:
Receiving hours are Monday through Friday, excluding holidays, from 8:30 A.M. to 5:00
P.M.
1.41 SUBSTITUTIONS:
The City of Miami Beach, Florida WILL NOT accept substitute shipments of any kind.
Bidder(s) is expected to furnish the brand quoted in their bid once awarded. Any substitute
shipments will be returned at the bidder's expense.
1.42 FACILITIES:
The City Commission reserves the right to inspect the bidder's facilities at any time with
prior notice.
1.43 BID TABULATIONS:
Bidders desiring a copy of the bid tabulation may request same by enclosing a self-addressed
stamped envelope with the bid.
1.44 BID PROTEST PROCEDURES:
Bidders that are not selected may protest any recommendation for Contract award in
accordance with City of Miami Beach Ordinance No. 2002-3344, which establishes
procedures for resulting protested bids and proposed awards. Protest not timely pursuant
to the requirements of Ordinance No. 2002-3344 shall be barred.
1.45 (NOT USED)
1.46 CLARIFICATION AND ADDENDA TO BID SPECIFICATIONS:
If any person contemplating submitting a Bid under this Solicitation is in doubt as to the true
meaning of the specifications or other Bid documents or any part thereof, the Bidder must
submit to the City of Miami Beach Procurement Director at least ten (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 Addendurn duly issued by the
City of Miami Beach Procurement Director. The City shall issue an Informational
Addendum if clarification or minimal changes are required. The City shall issue a Formal
Addendum if substantial changes which impact the technical submission of Bids is required.
A copy of such Addendum shall be sent by mail or facsimile to each Bidder receiving the
Solicitation. In the event of conflict with the original Contract Documents, Addendum shall
govern all other Contract Documents to the extent specified. Subsequent addendum shall
govern over prior addendum only to the extent specified.
BID NO: 01-03/04
DATE: 10120/03
CITY OF MIAMI BEACH
II
PURCHASE AND DELIVERY OF BULK CONCRETE MIX
BID # 01103-04
The Bidder shall be required to acknowledge receipt of the Formal Addendum by signing in
the space provided on the Bid Proposal Form. Failure to acknowledge Addendum shall deem
its Bid non-responsive; provided, however, that the City may waive this requirement in its
best interest. The City will not be responsible for any other explanation or interpretation
made verbally or in writing by any other city representative.
1.47 DEMONSTRATION OF COMPETENCY:
1) Pre-award inspection ofthe Bidder's facility may be made prior to the award of contract.
Bids will only be considered from firms which are regularly engaged in the business of
providing the goods and/or services as described in this Bid. Bidders must be able to
demonstrate a good record of performance for a reasonable period of time, and have
sufficient financial support, equipment and organization to insure that they can satisfactorily
execute the services if awarded a contract under the terms and conditions herein stated. The
terms "equipment and organization" as used herein shall be construed to mean a fully
equipped and well established cornpany 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 proofthat 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 fmancial 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 ifthe City determines that the successful Bidder no longer
possesses the financial support, equipment and organization which would have been
necessary during the Bid evaluation period in order to comply with this demonstration of
competency section.
BID NO: 01-03/04
DATE: 10/20/03
CITY OF MIAMI BEACH
12
"
PURCHASE AND DELIVERY OF BULK CONCRETE MIX
BID # 01103-04
1.48 DETERMINATION OF AWARD:
The City Commission shall award the contract to the lowest and best bidder. In
determining the lowest and best bidder, in addition to price, there shall be considered the
following:
a. The ability, capacity and skill of the bidder to perform the Contract.
b. Whether the bidder can perform the Contract within the time specified, without
delay or interference.
c. The character, integrity, reputation, judgement, experience and efficiency of
the bidder.
d. The quality of performance of previous contracts.
e. The previous and existing compliance by the bidder with laws and ordinances
relating to the Contract.
1.49 ASSIGNMENT:
The contractor shall not assign, transfer, convey, sublet or otherwise dispose of this contract,
including any or all of its right, title or interest therein, or his or its power to execute such
contract to any person, company or corporation without prior written consent ofthe City of
Miami Beach.
1.50 LAWS, PERMITS AND REGULATIONS:
The bidder shall obtain and pay for all licenses, permits and inspection fees required for this
project; and shall comply with all laws, ordinances, regulations and building code
requirements applicable to the work contemplated herein.
1.51 OPTIONAL CONTRACT USAGE:
As provided in Section 287.042 (17), Florida Statutes, other State agencies may purchase
from the resulting contract, provided the Department of Management Services, Division of
Procurement, has certified its use to be cost effective and in the best interest of the State.
Contractors have the option of selling these commodities or services certified by the Division
to the other State agencies at the agencies option.
1.52 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 contracts.
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.
1.54 WAIVER OF INFORMALITIES
The City reserves the right to waive any informalities or irregularities in this bid solicitation.
BID NO: 01-03/04
DATE: 10/20/03
CITY OF MIAMI BEACH
13
"
PURCHASE AND DELIVERY OF BULK CONCRETE MIX
BID # 01103-04
1.55 ESTIMATED QUANTITIES
Estimated quantities or estimated dollars, if provided, are for City guidance only. No
guarantee is expressed or implied as to quantities or dollars that will be used during the
contract period. The City is not obligated to place any order for a given amount subsequent
to the award of this bid solicitation. Estimates are based upon the City's actual needs and/or
usage during a previous contract period. The City for purposes of determining the low bidder
meeting specifications may use said estimates.
1.56 COLLUSION
Bids from related parties. Where two (2) or more related parties each submit a bid or
proposal for any contract, such bids or proposals shall be presumed to be collusive. The
foregoing presumption may be rebutted by presentation of evidence as to the extent of
ownership, control and management of such related parties in the preparation and submittal
of such bids or proposals. Related parties mean bidders or proposers or the principals thereof
which have a direct or indirect ownership interest in another bidder or proposer for the same
contract or in which a parent company or the principals thereof of one (I) bidder or proposer
have a direct or indirect ownership interest in another bidder or proposer for the same
contract. Bids or proposals found to be collusive shall be rejected. Bidders or Proposers
who have been found to have engaged in collusion may be considered non-responsible, and
may be suspended or debarred, and any contract resulting from collusive bidding may be
terminated for default.
1.57 DISPUTES
In the event ofa conflict between the documents, the order of priority of the documents shall
be as follows:
. Any agreement resulting from the award ofthis Bid (if applicable); then
. Addenda released for this Bid, with the latest Addendum taking precedence; then
. The Bid; then
. Awardee's Bid.
1.58 REASONABLE ACCOMMODATION
In accordance with the Title II ofthe 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.
1.59 GRATUITIES
Proposers shall not offer any gratuities, favors, or anything of monetary value to any official,
employee, or agent ofthe City, for the purpose ofinfluencing consideration of this proposal.
BID NO: 01-03/04
DATE: 10/20/03
CITY OF MIAMI BEACH
14
PURCHASE AND DELIVERY OF BULK CONCRETE MIX
BID # 01/03-04
1.60 SIGNED BID CONSIDERED AN OFFER
The signed bid shall be considered an offer on the part of the bibber or contractor, which
offer shall be deemed accepted upon approval by the City Commission of the City of Miami
Beach, Florida and in case of default on the part of successful bidder or contractor, after such
acceptance, the City may procure the items or services from other sources and hold the
bidder or contractor responsible for any excess cost occasioned or incurred thereby.
Additionally, the City may take such action.
1.61 BID CLARIFICATION:
Any questions or clarifications concerning this Invitation to Bid shall be submitted in writing
by mail or facsimile to the Procurement Department, 1700 Convention Center Drive, Miami
Beach, FL 33139 FAX: (305) 673-7851. The bid title/number shall be referenced on all
correspondence. All questions must be received no later than ten (10) calendar days prior to
the scheduled bid opening date.
All responses to questions/clarifications will be sent to all prospective bidders in the form of
an addendum. NO QUESTIONS WILL BE RECEIVED VERBALLY OR AFTER SAID
DEADLINE.
1.62 TIE BIDS:
Please be advised that in accordance with Florida Statues Section 287.087, regarding
identical tie bids, preference will be given to vendors certifying that they have implemented
a drug free work place program. A certification form will be required at that time.
1.63 PUBLIC ENTITY CRIMES (PEC):
A person or affiliate who has been placed on the convicted vendor list following a conviction
for public entity crimes may not submit a bid on a contract to provide any goods or services
to a public entity, may not submit a bid on a contract with a public entity for the construction
or repair of a public building or public work, may not submit bids on leases of real property
to public entity, may not be awarded or perform work as a contractor, supplier, sub-
contractor, or consultant under a contract with a public entity, and may not transact business
with any public entity in excess of the threshold amount provided in Sec. 287.017, for
CA TEGOR Y TWO for a period of36 months from the date of being placed on the convicted
vendor list.
1.64 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.
1.65 DELIVERY TIME:
Vendors shall specify on the attached Bid Form, the guaranteed delivery time (in calendar
days) for each item. It must be a firm delivery time, no ranges will be accepted, i.e.; 12-14
days.
BID NO: 01-03/04
DATE: 10/20/03
CITY OF MIAMI BEACH
IS
PURCHASE AND DELIVERY OF BULK CONCRETE MIX
BID # 01103-04
1.66 CONE OF SILENCE
This invitation to bid is subject to the "Cone of Silence" in accordance with Ordinance No,
2002-3378. A copy of all written communication(s) regarding this bid must be filed with the
city clerk.
1.67 INSURANCE AND INDEMNIFICATION:
(See Check List for applicability to this contract)
The contractor shall be responsible for his work and every part thereof, and for all materials,
tools, appliances and property of every description, used in connection with this particular
project. He shall specifically and distinctly assume, and does so assume, all risks of damage
or injury to property or persons used or employed on or in connection with the work and of
all damage or injury to any person or property wherever located, resulting from any action or
operation under the contract or in connection with the work. It is understood and agreed that
at all times the contractor is acting as an independent contractor.
The contractor, at all times during the full duration of work under this contract, including
extra work in connection with this project shall meet the following requirements:
Maintain Worker's Compensation and Employer's Liability Insurance to meet the statutory
requirements of the State of Florida.
Maintain Comprehensive General Liability Insurance in amounts prescribed by the City (see
checklist for limits) to protect the contractor in the interest of the City against all risks of
injury to persons (including death) or damage to property wherever located resulting from
any action or operation under the contract or in connection with the work. This policy is to
provide coverage for premises/operations, independent contractor, broad form property
damage, products/completed operations and contractual liability.
Maintain Automobile Liability Insurance including Property Damage covering all owned,
non-owned or hired automobiles and equipment used in connection with the work.
Maintain any additional coverages required by the Risk Manager as indicated on the
Insurance Check List. Name the City of Miami Beach as an additional insured on all liability
policies required by this contract. When naming the City of Miami Beach as an additional
insured onto your policies, the insurance companies hereby agree and will endorse the
policies to state that the City will not be liable for the payment of any premiums or
assessments. A copy of the endorsement(s) naming the City of Miami Beach as an
additional insured is required and must be submitted to the City's Risk Manager.
No change or cancellation in insurance shall be made without thirty (30) days written notice
to the City of Miami Beach Risk Manager.
BID NO: 01-03/04
DATE: 10/20/03
CITY OF MIAMI BEACH
16
PURCHASE AND DELIVERY OF BULK CONCRETE MIX
BID # 01103-04
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 ofInsurance, evidencing such coverages and endorsements as
required herein, shall be filed with and approved by the City of Miami Beach Risk Manager
before work is started. The certificate must state Bid Number and Title. Upon expiration of
the required insurance, the contractor must submit updated certificates of insurance for as
long a period as any work is still in progress.
It is understood and agreed that all policies of insurance provided by the contractor are
primary coverage to any insurance or self-insurance the City of Miami Beach possesses that
may apply to a loss resulting from the work performed in this contract.
All policies issued to cover the insurance requirements herein shall provide full coverage
from the first dollar of exposure. No deductibles will be allowed in any policies issued on
this contract unless specific safeguards have been established to assure an adequate fund for
payment of deductibles by the insured and approved by the City's Risk Manager.
The liability insurance coverage shall extend to and include the following contractual
indemnity and hold harmless agreement:
"The contractor hereby agrees to indemnify and hold harmless the City of Miami Beach, a
municipal corporation, its officers, agents, and employees from all claims for bodily injuries
to the public in and up to the amount of $1 ,000,000.00 for each occurrence and and for all
damages to the property of others in and up to the amount of $1,000,000.00 for each
occurrence per the insurance requirement under the specifications including costs of
investigation, all expenses of litigation, including reasonable attorney fees and the cost of
appeals arising out of any such claims or suits because of any and all acts of omission or
commission of any by the contractor, his agents, servants, or employees, or through the mere
existence of the project under contract".
The foregoing indemnity agreement shall apply to any and all claims and suits other than
claims and suits arising out ofthe sole and exclusive negligence of the City of Miami Beach,
its officers, agents, and employees, as determined by a court of competent jurisdiction.
The contractor will notify his insurance agent without delay of the existence of the Hold
Harmless Agreement contained within this contract, and furnish a copy ofthe Hold Harmless
Agreement to the insurance agent and carrier.
The contractor will obtain and maintain contractual liability insurance in adequate limits for
the sole purpose of protecting the City of Miami Beach under the Hold Harmless Agreement
from any and all claims arising out of this contractual operation.
BID NO: 01-03/04
DATE: 10/20/03
CITY OF MIAMI BEACH
17
PURCHASE AND DELIVERY OF BULK CONCRETE MIX
BID # 01103-04
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 ofthe insurance policies shall not relieve the contractor and all subcontractors oftheir
liabilities and obligations under any Section or Provisions of this contract. Contractor shall
be as fully responsible to the City for the acts and omissions of the subcontractor and of
persons employed by them as he is for acts and omissions of persons directly employed by
him.
Insurance coverage required in these specifications shall be in force throughout the contract
term. Should any awardee fail to provide acceptable evidence of current insurance within
seven days of receipt of written notice at any time during the contract term, the City shall
have the right to consider the contract breached and justifying the termination thereof.
Ifbidder does not meet the insurance requirements ofthe specifications; alternate insurance
coverage, satisfactory to the Risk Manager, may be considered.
It is understood and agreed that the inclusion of more than one insured under these policies
shall not restrict the coverage provided by these policies for one insured hereunder with
respect to a liability claim or suit by another insured hereunder or an employee of such other
insured and that with respect to claims against any insured hereunder, other insureds
hereunder shall be considered members of the public; but the provisions of this Cross
Liability clause shall apply only with respect to liability arising out of the ownership,
maintenance, use, occupancy or repair of such portions of the premises insured hereunder as
are not reserved for the exclusive use of occupancy of the insured against whom claim is
made or suit is filed.
BID NO: 01-03/04
DATE: 10120/03
CITY OF MIAMI BEACH
18
','
XXX I.
xxx 2.
XXX 3.
xxx 5.
xxx 7.
XXX 8.
XXX 9.
INSURANCE CHECK LIST
Workers' Compensation and Employer's Liability per the Statutory limits of the state of
Florida.
Comprehensive General Liability (occurrence form), limits ofliability $ 1.000.000.00
per occurrence for bodily injury property damage to include Premises/ Operations;
Products, Completed Operations and Contractual Liability. Contractual Liability and
Contractual Indemnity (Hold harmless endorsement exactly as written in "insurance
requirements" of specifications).
Automobile Liability - $ 1,000,000 each occurrence - owned/non-owned/hired
automobiles included.
.00 per occurrence to follow the primary coverages.
4.
Excess Liability - $
The City must be named as and additional insured on the liability policies; and it must
be stated on the certificate.
6.
Other Insurance as indicated:
_ Builders Risk completed value
_ Liquor Liability
_ Fire Legal Liability
_ Protection and Indemnity
_ Employee Dishonesty Bond
Other
$
$
$
$
$
$
Thirty (30) days written cancellation notice required.
Best's guide rating B+:VI or better, latest edition.
The certificate must state the bid number and title
BIDDER AND INSURANCE AGENT STATEMENT:
BID NO: 01-03/04
DATE: 10/20/03
CITY OF MIAMI BEACH
19
.00
.00
.00
.00
.00
.00
that evidence of this
PURCHASE AND DELIVERY OF BULK CONCRETE MIX
BID # 01103-04
1.0 SPECIAL CONDITIONS
2.1 PURPOSE:
The purpose of this bid is to establish a contract, by means of sealed bids to a qualified
contractor for the purchase and delivery of bulk concrete mix for the repair and maintenance
of the sidewalks in and within the City of Miami Beach on as needed basis.
2.2 TERM OF CONTRACT:
This contract will be in effect upon execution of the contract until June 30, 2005.
2.2.1 Orders will be placed to vendors on an as-needed basis to meet City usage requirements.
2.2.2 Providing the successful bidder will agree to maintain the same price, terms and conditions
ofthe current contract, this contract could be extended for an additional three (3) years, on a
year to year basis, if mutually agreed upon by both parties.
2.3 METHOD OF AWARD:
The City reserves the right to award this contract to a primary vendor, and to a secondary
vendor should the primary vendor not meet their contractual obligations.
2.4 PAYMENT:
Invoices for payment will be submitted on a monthly basis for the duration of the contract.
Invoices will be subject to verification and approval will be by the Public Works Director or
designated representative.
2.5 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 Bid Form shall remain fixed and firm during the term of this contract; provided, however,
that the bidder may offer incentive discounts from this fixed price to the City at any time
during the contractual term.
2.7 PRE-BID CONFERENCE/SITE INSPECTION:
A Pre-Bid Conference will be held at 10:00 a.m. on the 18th of November 2003 at the
City of Miami Beach City Hall, in the City Manager's Small Conference Room, located
on the Fourth Floor at 1700 Convention Center Drive, Miami Beach Florida 33139.
2.8 (NOT USED)
BID NO: 01-03/04
DATE: 10/20/03
CITY OF MIAMI BEACH
20
"
PURCHASE AND DELIVERY OF BULK CONCRETE MIX
BID # 01103-04
2.9 VENDOR APPLICATION
The City of Miami Beach has contracted with BidNet and has begun utilizing a new central bid
notification system created exclusively for state and local agencies located in South Florida.
Created in conjunction with BidNet@, this new South Florida Purchasing system has replaced
the DemandStar system and allow vendors to register online and receive notification of new
bids, amendments and awards. Vendors with Internet access should review the registration
options at the following website: www.govbids.comlscriots/southfloridalpublic/homel.aso. If
you do not have Internet access, please call the BidNet@ support group at 800-677-1997
extension # 214.
2.10 CONTACT PERSON:
The contact person for this Invitation to Bid is Adeola Osoba. The contact person may be
reached by phone: 305.673.7490; fax: 305.673.7851; or e-mail:
adeolaosoba@.miamibeachfl.Qov. Communications between a proposer, bidder,
lobbyist or consultant and Procurement Staff is limited to matters of process or procedure.
Requests for additional information or clarifications must be made in writing to the contact
person, with a copy to the City Clerk, no later than ten (10) calendar days prior to the
scheduled Bid opening date.
The City will issue replies to inquiries and any other corrections or amendments it deems
necessary in written addenda issued prior to the deadline for responding to the Bid. Bidders
should not rely on representations, statements, or explanations other than those made in this
Bid or in any written addendum to this Bid. Bidders should verify with the Procurement
Division prior to submitting a proposal that all addenda have been received.
YOU MUST FAMILIARIZE YOURSELF WITH GENERAL CONDITION 1.66,
ENTITLED CONE OF SILENCE, WHICH SETS FORTH THE POLICIES AND
PROCEDURES RELATIVE TO ORAL AND WRITTEN COMMUNICATIONS,
2.11 SAMPLES: N/A
2.12 (NOT USED)
2.13 LIQUIDATED DAMAGES:
As Task Orders are identified substantial completion time will be mutually agreed upon
between the successful contractor and the City. Liquidated damage 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.
2.14 DISCOUNTS (From published price lists): N/A
PERCENTAGE ABOVE VENDOR COST: N/A
BID NO: 01-03/04
DATE: 10/20/03
CITY OF MIAMI BEACH
21
"
PURCHASE AND DELIVERY OF BULK CONCRETE MIX
BID # 01/03-04
2.15 ESTIMATED QUANTITIES:
Quantities stated are for bidders' guidance only and no guarantee is given or implied as to
quantities that will be used during the contract period. Estimated quantities are based upon
previous needs and estimated usage for a one year (I) period. Said estimated quantities may
be used by the City for the purpose of evaluating the low bidder meeting specifications.
2.16 HOURLY RATE: N/A
2.17 GUARANTEE:
The successful bidder will be required to guarantee all items supplied.
2.18 PRODUCT/CATALOG INFORMATION: N/A
2.19 REFERENCES (PROVIDE 6 REFERENCES, IN THE CUSTOMER REFERENCE
FORM ON PAGE 28)
Each bid must be accompanied by a minimum of six (6) references. Reference shall include
the name of the company, a contact person and the telephone number. NO BID WILL BE
CONSIDERED WITHOUT THIS LIST.
2.20 COMPLETE PROJECT REQUIRED:
Quality/Quantity of concrete mix will be inspected and approved by designated
representative from the Public Works Department.
2.21 FACILITY LOCATION:
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), Concrete mix in bulk. The evidence
will consist oflisting of work that has been provided to public and private sector clients, ei.
nature of WORK within the last three (3) years.
2.23 LATE BIDS:
At time, date, and place above, bids will be publicly opened. Any bids or proposals received
after time and date specified will be returned to the bidder unopened. The responsibility for
submitting a bid/proposal before the stated time and date is solely and strictly the
responsibility ofthe bidder/proposer. The City is not responsible for delays caused by mail,
courier service, including U.S. Mail, or any other occurrence.
BID NO: 01-03/04
DATE: 10/20/03
CITY OF MIAMI BEACH
22
"
PURCHASE AND DELIVERY OF BULK CONCRETE MIX
BID # 01103-04
2.24 EXCEPTIONS TO SPECIFICATIONS:
Exceptions to the specifications shall be listed on the Bid Form and shall reference the
section. Any exceptions to the General or Special Conditions shall be cause for the bid to be
considered non-responsive.
2.25 COMPLETE INFORMATION REQUIRED ON BID FORM:
All bids must be submitted on the attached Bid Form and all blanks filled in. To be
considered a valid bid, the ORIGINAL AND ONE COPY of the Bid Form pages and all
required submittal information must be retumed, properly completed, in a sealed envelope as
outlined in the first paragraph of General Conditions.
2.26 MAINTENANCE AGREEMENT: N/A
2.27 EQUAL PRODUCT:
Manufacturer's name, brand name and model number are used in these specifications for the
purpose of establishing minimum requirement oflevel 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.
BID NO: 01-03/04
DATE: 10/20/03
CITY OF MIAMI BEACH
23
"
PURCHASE AND DELIVERY OF BULK CONCRETE MIX
BID # 01103-04
3.0 MINIMUM SPECIFICATIONS
Bid Proposal Page 1 of 4
GENERAL
The City of Miami Beach, Public Works Department anticipates spending $50,000.00 in fiscal year
2003/2004 for concrete plant-mix products. The City owns and operates it own five (5) yard transit
mixer truck and will pick up materials on an as needed basis.
There will also be need for occasional batches of concrete mix to be delivered by the Bidder.
Bidder's plants must be capable ofloading at least five (5) yard capacity transit mixer truck.
Requirements for this contract are as follows:
Bidder must be within approximately 15 miles radius of the City of Miami Beach. This is to
allow sufficient travel time and sufficient time to work on the material before it become
unusable.
Bidder's plant must regularly stock the coloring additive "Miami Beach Red" as supplied by
the manufactures, LAMBERT, OC COLOR or SCHOFIED color mix suppliers which will
be certified by Director or designated representative from the Public Works Department.
NOTE
Any other color admixture must be approved in writing by the City of Miami Beach, Public Works
Director or designated representative from the Public Works Department.
Plant operational hours are to include all regular week days Monday-Friday and Saturdays (partial
Saturdays acceptable).
It is the responsibility of the Bidder to ensure that the designed mix other than the specified mix in
this bid meets the parameters of compressive strength, water cement ratio, cement content, and air
content are appropriate for the anticipated environmental conditions (i.e. ACI-318-99 Chapter 4, and
the local Building Code).
The current approved "Miami Beach Red" that the City is using LAMBERT, QC COLOR and
SCHOFIED. The City will accept or equal additive if it meets the Specifications, the Terms and the
Conditions of this Bid.
The City of Miami Beach Public Works estimate pick-ups of concrete to be 3-4 times per weeks
from awarded bidder's site.
BID NO: 01-03/04
DATE: 10/20/03
CITY OF MIAMI BEACH
24
PURCHASE AND DELIVERY OF BULK CONCRETE MIX
BID # 01103-04
3.1 MINIMUM SPECIFICATIONS (CONT.)
Bid Proposal Page 2 of 4
We propose work specified in this bid will consists of fumishing labor, machinery, tools, means of
transportation. supplies, equipment, materials, services necessary for the purchase and delivery of bulk
concrete mix (in Accordance with the minimum spccifications).
LINE ITEM ESTIMATED UNIT COST TOTAL
ANNUAL QTY.
Material:
2500 PSI regular 50CY $~ $ f~Z,.OO
3000 PSI regular 50CY $~'OO $ Z~50.(x)
3500 PSI regular 1000CY $ ~ I. 00 $ t)
4000 PSI regular 40CY $ 53.00 $ Ita, 00
Addition of
"Miami Bcach Red" l' .00 $~
Color admixture. 1000CY $
Excavatable flow able fill 80CY $~ $ ~lO.OO
Fiber reinforcement 50CY $ (olOQ $ ~DQ
The quoted prices must not include Delivery Charges.
OPTIONAL:
Delivery Cost
$ rz. 00 per cubic yard
(Delivery charge if vendor deliver the concrete).
BID NO: 01-03/04
DATE: 10/20/03
CITY OF MIAMI BEACH
25
-,
PURCHASE AND DELIVERY OF BULK CONCRETE MIX
BID # 01/03-04
3.1 MINIMUM SPECIFlCA nONS (CaNT.)
Bid Proposal Page 3 of 4
GRAND TOTAL
$ ,,~}O IS: 00
Delivery Days (ARO) -S y~
Days
Warranty 3 b S'(])A-r,::')
Years (Section 2,23)
BID NO: 01-03/04
DATE: 10120/03
CITY OF MIAMI BEACH
26
... "I
PURCHASE AND DELIVERY OF BULK CONCRETE MIX
BID # 01103-04
Bid Proposal Page 4 of 4
PAYMENT TERMS: NET 30. If other, specify hcrc
ANY LETTERS, A TT ACHMENTS, OR ADDITIONAL INFORMATION
CONSIDERED PART OF THE BID MUST BE SUBMITTED IN DUPLICATE.
~f:
l
TO BE
SUBMITTED BY:
t I am authorized 0 cxccute this proposal and
bidding firm)
COMPANY NAME:
SIGNED:
Bidders must acknowledge receipt of addcndum (if applicablc).
Addendum No.2:
Addendum No. I:
NAME/TITLE (Print):
~~
~100 ~. W. '74 'IJ V~NL.
~~l ~b ZIP, ?~,~S
,?O -' ~ 2"'~ Z,S-O
?os- Uc.f- ()CJtJ3
ADDRESS:
CITY/STATE:
TELEPHONE NO:
FACSIMILE NO:
BID NO: 01-03/04
DATE: 10/20/03
CITY OF MIAMI BEACH
27
.. "
PURCHASE AND DELIVERY OF BULK CONCRETE MIX
BID # 01103-04
BID CHECK LIST
To ensure that your bid is submitted in conformance with the Contract Documents, please verify that
the following items have been completed and submitted as required.
X Original and one copy of bid (including all submittal information)
General Conditions Section 1.1
Special Conditions Section 2.25
X Execution of Bid
General Conditions Section 1.2
X Equivalents/Equal Product
General Conditions Section 1.10
Special Conditions Section 2.27
Insurance and Indemnification (including Insurance Checklist)
X General Conditions Section 1.67
Bid Guaranty/Performance Bond
X General Conditions Section 1.34
X Warranty
Special Conditions Section 2.17
X Product/Catalog Information
Special Conditions Section 2.18
X References
Special Conditions Section 2.19/ Page
X Bidder Qualifications
Special Conditions Section 2.22
X Exceptions to Specifications
Special Conditions Section 2.24
Contractor's Questionnaire
X (Page)
BID NO: 01-03/04
DATE: 10/20/03
CITY OF MIAMI BEACH
28
"
PURCHASE AND DELIVERY OF BULK CONCRETE MIX
BID # 01/03-04
CUSTOMER REFERENCE LISTING
Bidder's shall furnish the names, addresses, and telephone numbers ofa minimum of six (6) firms or
government organizations for which the Contractor is currently furnishing or has furnished, similar
services.
(See page 21)
1) Company Namc J)hn t-..I\or lOFty s; A".JS::f:.tntr5.
Address 4411 c:, Iv! I clo.t1 ~-i, l-bllYL,co"rJ.' F-I
Contact Person/Contract Amount J \ (lI Yo.le.... nJ.::)
. " ~ . ~..
Telephone No?)~'- :J'lt.- ILL?> I Fax No. qsLJ - Cfb4- ., 43:) 4-
Cl.5'i--q~t.- 6/ /:J
2) Company Name AI (\10--- Pi 1) (Y\jI gel CO(\S t .
Address 'er'c) t '::).......1. \/;l Cl Te a.~. 1---\ 10. m I J FI
Contact Pcrson/Contract Amount 'Q..oflT.::(\ -PI 10-\-(.)
~~ (
TelephoneNo.:AJ.Y::> - .25i'~':)I02IFaxNo. ?f..xs - :J.'):).. - GA(.B
3) Company Name ('() \ \ It' ( ~ r~)...J/0 (Y) '.]11
Address Py-l q IN. \AI. I 7St M. IOn') I I F r
Contact Person/Contract Amount 5-,\<::>0. rl ,,^-on c.a.cl 0-
TelephoneNo,:)C)s- Sc,q- g3CYJax No. 3::15 - 477- 32 CJ,
4) Company Name \~ z:~ I (\ on +roC+-, r'lC)
Address \ D 1\1. L . 3 Sfreef, f-Iollclo C I +y J FI
Contact Person/Contract Amount . J'?r n . ~C\C ~so (\
Telephone No. ::s()..') . "1 L/ B - ~ II L Fax No. 305 - 2t..{. rc - 3001
BID NO: 01-03/04
DATE: 10/20/03
CITY OF MIAMI BEACH
29
"
PURCHASE AND DELIVERY OF BULK CONCRETE MIX
BID # 01103-04
CUSTOMER REFERENCE LISTING (Coot.)
5)
Company Name
t- q t~ f3ullder5,
Address tt.sr--y E. FleICJ/'Ct' 9-- MI o.nll ) F (
Contact Person/Contract Amount -t--e\c\ \1 ~Dd r I CJ lK L
,c.fj i C7 J f~~ _
TelephoneNo~f)S-'JlD-Lj/JL Fax No. 3:J5<:}(c,').-- 7/78.
Company Name
l ff Q
7/02
6)
3+rL! C+cun/ 0002 n .
) ~
q \fJ _ L( Lj S+ f--f ,0,'11 i I t-' I
.
Contact Person/Contract Amount GI nCL .~ u e , rQ.
Telephone No. 3r)5-- (,G8.-r));q FaxNo.::sn~ - .;;)::)1- 06d I
Address
BID NO: 01-03/04
DATE: 10120/03
CITY OF MIAMI BEACH
30
"
CONTRACTOR'S QUESTIONNAIRE
NOTE:
Information supplied in response to this questionnaire is subject to verification.
Inaccurate or incompletc answcrs 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 Pn\/F I--Ioc I2Dbp r-+
I
Principal Office ddCY..J :.:).\y. 7<'1 A)-c, MIO/}'!I, ~/-33155
How many years has your organization been in business as a General Contractor under your present
business name? n ( />0.:- Nut eo€flJ!-1o./ C<)'l -t, nct-.A S .
Does your organization have current occupational licenses entitling it to do the work contemplated
in this Contract? Y .f S
State of Florida occupational license - state type and number: 1] Dr" d (l ,0:).:3 ()l 7 .- !
~I) {VI'e' ' 1 (J 'CA() I t--ll X - C 000rrtc
Dade County certificate of competency - state type and pumber:. (J\. L. l nC f-\'. \.
-tf 2f{,3@ J
City of Miami Beach occupational license - state type and number: () 11'::t
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 Y\ \ A
(B) As a Sub-Contractor n 11\
(C) What contracts has your organization completed?
Contract Amt Class of Work
""111
I
When Completed
Name/Address of Owner
Have you ever had a contract terminated (as prime contractor or sub-contractor, under existing
company name or another company name) due to failure to comply with contractual
specifications? NO
If so, where and why?
Has any officer or partner of your organization ever failed to complete a construction contract
handled in his own name?
N::>
If so, state name of individual, name of owner, and reason thereof
N/A
,
BID NO: 01-03/04
DATE: 10/20/03
CITY OF MIAMI BEACH
31
"
In what othcr lines of business are you financially intcrested or engaged? ,,\) A
Give references as to experience, ability, and financial standing
What equipment do you own that is available for thc proposcd work and where located?
"i)...({\(I\.\- l\\\'/,. C:'Jl\( rt..t( l>)atf.iA DI.c\.v\t<'") llncl C,')f\( r'C..rC
\'--\ \Xc IS, _
What Bank or Banks have you arranged to do business with during the course ofthe Contract should
it be awarded to you? t.J II\.
I
Plcase list the names and addresses of the subcontractors to be used for the portions of the work
listed below.
~t /A.
I
)
/
i'
s re true and correct.
~
(SEAL)
(SEAL)
BID NO: 01-03/04
DATE: 10/20/03
CITY OF MIAMI BEACH
32
,.
AGREEMENT
THIS AGREEMENT made this 14th day of April 2004, A.D. between the CITY OF MIAMI
BEACH, a Florida municipal corporation, hereinafter called the City, which term shall include
its successors and assigns, party of the one part, and
CENTRAL CONCRETE SUPERMIX. INC
4300 S.W. 74 AVENUE
MIAMI. FL 33155
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
"PURCHASE AND DELIVERY OF BULK CONCRETE MIX" by said City, do hereby mutually
agree as follows:
1, This Agreement shall extend to and be obligatory upon said City, its successors and assigns,
and upon said Contractor and its heirs, successors and assigns. Neither this Agreement nor any
part thereof nor any part of the Work herein contemplated, shall be assigned or sublet, nor shall
any sums of money provided to be paid to said Contractor be assigned by said Contractor to
anyone without the consent of the City Commission of said City evidenced by its resolution.
2. The foregoing pages of this booklet, including the Notice to Contractors, the Proposal, and the
Contract Documents are hereby referred to and made a part of this Agreement.
3. The contractlbid prices are firm-fixed prices through December 31,2004. The Administration
will negotiate a price increase or decrease based on market conditions for the period
commencing January 1,2005 through June 30, 2005. Providing that negotiations with Central
Concrete Supermix are successful relative to a fair and reasonable price based on market
conditions, and Central agreeing to the same terms and conditions of the awarded contract, the
contract may be extended for an additional three (3) years, on a year to year basis, if mutually
agreed upon by both parties.
4, 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.
5. Owner shall pay Contractor for the purchase and delivery (as required) of the Bulk Concrete
mix in accordance with the Contract Documents/unit prices submitted on page 25 of the Bid
Proposal attached to this Agreement. The parties expressly agree that the estimated annual
contract amount is based on the requirements of the City which are subject to the contract/bid
unit price.
ITB 01-03/04
Agreement Page 1 of 2
'.
Estimated Annual Contract Amount: $ 131.000.00
6. The Contract Documents which comprise the entire Agreement between City and Contractor
are attached to this Agreement and made a part hereof.
7. The Contract Documents may only be amended, modified or supplemented as provided in the
General Conditions.
IN WITNESS WHEREOF the said City has caused this Agreement to be signed by the Mayor of the
City of Miami Beach, Florida and its corporate seal to be affixed, attested by the City Clerk of the City
of Miami Beach and the said Contractor has caused this Agreement to be signed it its name.
(SEAL)
Contractor
Exec.lrh\-e v,~ l>rf,:>icl.evrt
Title
( ~ ~JAJJ
City Clerk
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
)- ~S-d L-f
Date
ITB 01-03/04
Agreement Page 20f 2
"
ORDINANCE NO. 2002-3378
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING CHAPTER 2 OF THE CODE OF THE CITY
OF MIAMI BEACH, ENTITLED "ADMINISTRATION., BY AMENDING ARTICLE VII'
THEREOF, ENmLED "STANDARDS OF CONDUCT'", BY AMENDING DIVISION
4, ENTITLED .PROCUREMENT'", BY AMENDING SECTION 2-48&, ENTITLED
.CONE OF SILENCE"; SAID AMENDMENT, IN PART, EXTENDING THE
PROHIBITIONS ON ORAL COMMUNICATIONS ON ALL REQUEST FOR
PROPOSALS (RFP'S); REQUEST FOR QUALIFICATIONS (RFQ'S), AND
INVITATION FOR BIDS (BIDS), BETWEEN THE MAYOR AND CITY
COMMISSIONERS AND THEIR RESPECTIVE STAFF AND ANY POTENTIAL
VENDOR, SERVICE PROVIDER, BIDDER, LOBBYIST, OR CONSULTANT;
PROVIDING FOR ADDITIONAL EXCEPTIONS RELATIVE TO ORAL
COMMUNICATIONS; PROVIDING FURTHER FQRREPEALER, SEVERABIUTY,
AND AN EFFECTIVE DATE.
WHEREAS, ori January 29, 2002, the Mlaml-Dade County Commission approved
Ordinanca No. 02-3, amending Section 2-11.1(t) of the Miami-Dade County Code, the
County's Cone of Silence Ordinance, with an effective date of February 8, 2002; and
WHEREAS, MiamI-Dade County's approved amendments extended the prohibition
on oral communications regarding a particular RFP, RFQ, and bid for the solicitation of
goods and services to those between a potential vendor, service provider, bidder, lobbyist
or consultant, and the Mayor, County Commissioners and their respective staffs; and
WHEREAS, Mlaml-Dade County's approved amendments added additional
exemptlona to the prohlbltlon on oral communications regarding a particular RFP, RFQ, or
bid for the solicitation of goods and servfces between any person and the procurement
dlrectDr or hialher designated staff I'88ponsible for administering the procurement process
for such RFP, RFQ or bid, and between a member of the respective seJeC<tlon committee,
provldad the communication be limited strlctIy to matters of process or procedure already
contained In the corresponding solicitation document; and .
WHEREAS,Mlaml-Dade County's approved amendments added additional
exemption. to the prohibition on oral communications between the County Manager and
the chairperson of a selection committee about a partiCUlar selection committee.
recommendation, only after th~ committee has submitted a recommendation to the
Manager and provided that, should any change occur In the committee reCommendation,
. the content of the communication and of the corresponding change shall be described In
wrtUng and filed by the Manager with the Clerk of the County and be Induded In any
recommendation memorandum submitted by the Manager to the County Commission;
WHEREAS, MiamI-Dade County's approved amendments added additional
exemptions to the prohibition on oral communications pertaining to emergency
procurements.
WHEREAS, said Miami-Dade County amendments are applicable to the Mayor and
City Commissioners of the City of Miami Beach, the City Manager. and their respective
staffs; and In order to extend said amendments and their applicability to potential vendors,
BID NO: 01-03/04
DATE: 10/20/03
CITY OF MIAMI BEACH
33
"
service providers, bidders, lobbyists, and consult8nts doing business In the City of Miami
Beach, the Administration and the City Attorney's Office herein recommends that the
MaYor and City Commission amend the City's Cone of.Sllence Ordinance accordingly.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY .
COMMISSION OF THE CITY OF MIAMI BEACH:
SECTION 1. Section 2-426, of DMslon 4 of ArtIcle VII of Chapter 2 of the Miami Beach
City Code II hereby amended to read as follow8:
ArtIcle VII. StandMIs. of Conduct
DMSION.. PROCUREMENT
. See. 2..cu. Con. of .11....ee.
(a) COntr8cta for the provision of goods, .rvlces, and construction projects.. eIheF
....R .wdlt eeRtFBllI8.
(1) Definition. "Cone of aDence- Is hereby deflnad to mean a prohibition on: .
(a) any communication regarding a particular request for proposal rRFP"),
request for qualifications (-RFQ-), AMlw,s' fer I.M ef IRte... rRFL.I-),
or bid between. potential vendor, service provid.er,.bldder, lobbyist, or
consultant and the cIly's administrative staff Including, but not limited to,
the city manager and his or her staff;
(b) any communlc8tlon regarding a particular RFP, RFQ, RF/d.r or bid
between the mayor, city corrvnlssioners, or their I'8Spectlve staffs, and
any member of the cIly's administrative ltaff Including, but not limited to,
the city manager. and hll or her staff; .
. (c) any communication regarding a particular RFP, RFQ, ~ or bid
between a potential vendor, service provider, bidder, lobbyist, or
consultant and any member of a city evaluation and/or selection
committee therefor: eM
'(d) any communJcallon regarding a particular RFP, RFQ, RF/d.r or bid'
between the mayor, city commlssloner8~or their I'8SpectIve 8Iaffs~and
~ llmember of a city evaluation and/or selectlon committee therefor:
p(e) anv communlc8t1on reaardlna aoartlcular RFP. RFQ. or bid between the
maYOr. cIIv comml88loners: or their resDeCtlve staffs and a DOtentIaI
vendor. service Drovlder. bldder.lobbvlst. or consultant. Netl:JiIh_RdlRlI
the feMlIslRII. "'e eeFle ef .ReAee shall Fl.. apply 18 eefl$etiIWe
PRles..e. fer the 8\'J8Ri ef CDBCil, HOM&. SHIP BRd SwFIaK FWRds'
a"fAIRIMe..d ily th. slly .e. rA eefAfAYAIIv d8\'e1spfAeAt, BFld
8llIfAfAwRleatlsR. .. the e11y attefAey aA" hi. er her &taft
BID NO: 01-03/04
DATE: 10/20/03
CITY 0..' MIAMI BEACH
34
"
(2) Procedure.
a. A It!!..cone of silence shall be Imposed upon each RFP, RFQ, RRJ,
SAd 2(.bld after the advertisement of said RFP. RFQ, RFbIr or bid. "t
the time of Imposition of the cone of sllence, the city manager or his
or her designee shall provide for pub/Ie notice of the cone of silence.
The city manager shall Include In any public solicitation for goods and
services a statement disclosing the requirements of this division.
b. The cone of silence shall termlnate~
~ the time the city manager makes his or her written
recommendation as to selection of a particular RFP, RFQ, RR.J.r or
bid to the city commission, and said RFP, RFQ, RFbIr or bid Is
awarded; provided, however, that following the Mmanager making his
or her written recommendation, the cone of snence shall be lifted as
relates to communications between the M-mayor and M-members of
the ~mmlsslon and the G-9ty M-manager; providing further If the
city commission refers the manager's recommendation back to the
city manager sr 8faff for further review, the cone of silence shall
continue until such time as the manager makes a subsequent written
recommendation, and the particular RFP, RFQ,. RFbIr or bid Is
awarded~
~ !I1l.1n the event of contracts for 188S than $25,000.. when the city
manager executes the contract.
(3) Exceptions. The prerAel8RI sf ttlle 81U1RaA88 cone of sRenoe shan not apply
to:
(a) comoetitlve DrOC88888 for the award of COSO. HOME. SHIP and Surtax
Funds administered bv the citv ofIIce of community develoDment and
(b) communications with the cItY attomev and his or her staff.
W (Qoral communications at pre-bId conferences;
00 {dtoral presentations before evaluation' and/or selection com!'rittees;
fiHIlcontract discussions during any duly noticed public rrieetlng;
oo-m publJc presentations made to thecfty commissioners during any duly
notk:ed public meeting;
{eJ {gl contract negotiations with city staff following the award of an RFP,.
RFQ, RFlJy or bid by the city commission;
(IJ .Ql) communications In wrttJng at any time with any city employee, ofIIcJaJ
or member of the city commission, unless spectftcally prohibited by the
applicable RFP, RFQ, RFUr or bid documents; SF
BID NO: 01-03/04
DATE: 10/20/03
CITY OF MIAMI BEACH
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{tHI} city commission meeting agenda review meetings between the city
manager and. the mayor and individual city commissioners where such
matters are scheduled for consideration at the next Gi;ommisslon meeting.
~Il communications I'808rdlna a oarticular RFP. RFQ or bid between the
Drocurement director. or hislher administrative staff resDonsible for
administering the Drocurement orocess for such RFP. RFQ or bid and a
member of the evaluaUonlselection committee therefor. Droylded the
communication Is limited strictlv to matters of DroceS' or Drocedure already
contained In the corresoondlna solIcitation document:
00 duly noticed site visits to determine the comoetencv of bidders reaardina
a Dartlcular bid durlna the time Derlod between the ooenina of bids and the
time the citY mansaer makes his or her written recommendation:
fil any emeraencv orocurement of aoods or services:
(m\ communication. recanting a Dart/cutar RFP. RFO. or bid between any
oerson. and the olOCUrement director. or hlslher administrative staff
resoonslble for administering the DfOCUr8ment Dr0C88S for BUch RFP. ~FO.
or bid. orovided the communication is limited strIctIv to matters of DI'OC88S or
ol'OCedure alreadY contained In the corresoondlna solicitation document.
fi!l.. The bidder, .proposer, vendor, service provider, lobbyist, or consultant
shall file a copy of any written communications with the city clerk. The city
dark shall make copies available to any person upon request.
~II) .\YdM 88AtAI...
(1) .CeAs af sUaRae- I. he...by deflAed te ",eaA a pfehibMlaA aR: (_) aRY
88",,,,wAlsatlaRs rallAtIAI I paftiewlar RFP, RFQ, RFb.I, ar IIld 1I_'MeA a
pateAtiaI veAdar, .IMae pF8V"'all IIldd8l', lall~i.t, ar 88A.WI8At and tile
FRayer, lily 18m",I..laA." ar "elr ...peslJ.... .taffs, aAd aAY mefAbar at ".
elly'e ad"'IAilllRlu.... "'lAelwdlAII, bwt Aet "fAlad te th..slty meASllar aAd hie
ar h.r sIafJ, lAd (b) aA)' 8ra! eamm"RIeatieR ...gaNlAg a pa!CIewlar RFP,
RFQ, RO_I, ar bid lIeWMeR the fAayeF, eIIy eafAmll.IeAeM ertheil: ....paelive
etatf. lAd aAY fAemblr at DIe eIIt-a admlAI&tFaive 811ft' IAe/wdIRg, but Ret
I1fA~ te,'Ile elty "'IRagarlRd hie ar har Ma#i IAst.~8) aRY as"'fAYRi88tiSA
...gRAtiA' 8 ps!CIewlar ~P, RFQ, A.E::LI, 8r Ialst bS'JeIA S petlAllal WRstSr)
8elVi. pf8o\lldeF, bllldel", labbylet, ar aSA...It8At BRd SAY fAefAber at a 6Ity
81181..alIeA aRdler 88llsti8R 88fAfAi&t8e; SAd ~) sA}' eemmwAI88IIaR RIIIsAtlAg
I p_.tlew., A.E:P, RFQ ar bid b_'JlaR thl Mayer, CIty CefAml.sIGAe.. sr
their ...pa&livl _fila BAd IlIAY "'IIMer at a eily IlJIIl..atlGR aAll'sr .eJe8lieR
_fAfAlIlea. Neh\'llh.Astl..lle fe..,elAg, the Q8Ae at sUaRee Ilhal RGt apply
te eefAm..AI.lleA8 ':Ml tll8 eity atte",ey SAd IIi. aF her 818ft
(2) &xeept al pfe'Aded II' ...lIeI8llaRI (Ia)(3) aAd (II)~) he...s', a eaAI at IIleAea
.haIl M l"'p'JlM ..pal' 8a811 RFP, RFQ, A.~...I, arb'" ferlll..dll.IM8ee after
ilia ad\'IFtl..",eAt at Bald RFP. RFQ, AFL.I, er bid. .... thl tlfRl at "B
ImpalmaR If tile eaAI at .IIIAse, the 6It". fAaRager er III. sr her d..igAee
BID NO: 01-03/04 CITY OF MIAMI BEACH
DATE: 10/20/03 36
" "
a"all plVlide fer #Ie plllllle Aetle8 ef the seAe of 811eA8e. The 88Ae ef aHeR88
=1~~""IRIite a) at the tiFRe thl ally FRaAager FRakea "I. er "er ':JA1teR
eAdatleR al te aelesUeA ef a paFtie..lar RFP, RJ;Q, RFlI. sr Illd te iRe
sitj' &eFRIRII.leR, aRd said RFP. RFQ. RFbl, or bid il <JaF8ed; prvAded,
hB\'J8\'eF, that followiRg t"e MaAager IReklRg hie 8r her. '.wl&teA
reseIRFReRdatleR. the seRe ef alleA98 8hall 118 lifted 88 relatea te
seFRFRWRieallsRI BeWJeeA the Mayer aAd MeIRbeAl sf the COFRFRiaeisfl aRd
the CilI,,' MaAageFi prvlldl. fuF#ter If tile ell>' 88fRMlaele!, .AI tAe
FRaRagef.a re88FRFReRdatisR Ilaek te t"e eity MlRaler sr &t8ff fer fwF&IIer
F8'/iswl tile 88Ae ef 1118Ree a"all 88RliAwe IIRtlI IlIe" tllRe aa tile FRaRager
makee e IwblaqweAhFltleA reseIRFR8AdatlaA, and thl ,artieularR.ep, RFQ,
RFJ..I, er bid II 8\\'8F8ed er b) IR the EMlRt ef 88AR'*' fer 1188 th8R $2&,oog
!JltleA the sIty IR8Rager 8l11;wte1 the 88Mast.
. (3) NetAIAIIIl8...lfll" herelA ehell ,retllbll8AY bld"el) prepe.11) '18Rd81) leM.
,re'A"a" Isbbylst, sr 8llAswll8Rt (I) f19FR FRaklAliI ,IIbll8 prelaAtatlsRI at "wly
Aetiee" pre bid 88R18..Re86 er befe.. "Illy ABtleed evalwatleA 88FRFAitlee
FReetlRliIa; (ii) f19FR IAgalillAliIlA 88ARet "189"lllsAa "wFlAg aAY dwly RBIIsed
,..bile FRaMiRg; (I) RFR eAllagiRliIlR 88l1llut RegetlatleAI vAttl eiI1 &tatf
feJlMRI the awaF8 ef aA R.ep, RFQ, R.t;bl, sr bid fer ..dlt' by ttte e1ty
88FRFRlalleAi sr (I\'~ RFR seFRFRWAI88tlAliIIR 'J_lAliI \'Mh aAY ell)' e""lsyee er
effielal fer ,...,alee sf 88ekiRliI elaFilleatlsR er addltleAal iRfefR'l8t1eR RFR tile
sIIy sr reep8AIIIAliI te thl ~ ..qwlet fer 9laFifi;atIeA sr addl&ieF181
IRfeRRatleA, I..bja&l te tile ,re'JieieAe ef the a"pll88ble RFP, RFQ, RFIJ, er
bid deBWFRIAta. The bld"lr er plG"e8er &te. lhall file a sepy ef8RY t"JFittIA
seIRFRwAlaatleR with tAe eily eleFk. "The elly elell< s"all fNkl ae,I8a avallallle
te the liIaReFBI ,..bile WpeA reqw....
(~) NetAlAliI se...IAe" tllrelA ahall pMtllllIt aAY lell~at, Illdder,JIlGlleleF,
':IAdeF, leMle "F8Vl"IF, 88"IIIII8A'" er etAif' peAlSA sr eAIIly RFR pllllllGly
addrel8lAliI thl eJty aSFRFRII.IIRa.. d..MliI lAY "wly AMi;e" ",llIi; FRaetiRg
"liIaF8lRlIleIlIA eA any awdllseRR. The eiI1 FRaAalilar IhallIAllIwdeIn aAY
"IIBIII asll8itatl8" fer awditlng leFlJise. a etateFR8At diesleliAg iRI
requnFReA18 ef ""18 dl\:laleA.
(e)B!l Vlolatlonslpenal~ and procedures. A viol8t1on of this aectJon by a particular
bidder, proposer, vendor, lervlce provider, lobbyist, or consultant shall IUbJect said
bidder, 8F proposer, vendor, service provider, lobbyist, or consultant to the same
procedures set forth In Division 5, entlUed :Debarment of Contractors: from City
Work; shall render any RFP award, RFQ award, RFlI8'i.18F8, or bid award to laid
bidder, proP018r, vendor, sarvice provider, bidder, lobbyist, or consultant vold!lU;
8nc1.ald bidder, proposer, vendor, service provider, lobbyist, or consultant shaD not
be coneldered for any RFP, RFQ, RRJ or bid for a contrad for the provisIOn of,
goods or lerv1ce8 for a period of one ~8r. Any person who violates a provision of
this dMslon ehall be prohibited from serving on a city evaluation and/or selection
committee. In addition to any other penalty provided by law, violation of any
provIeIon of thlsdlvl8lon by a city employee shall lubject said employee to
dlaclpJlnary action up to and Including dlamlssal. Additionally, any person who has
personal knowledge of a violation of this dMslon shall report such violation to the
city attorney's office or state attomey's office.. and/or may file a complaint with the .
county ethics commileion. '
J (Ord. No. 99-3164, f 1,1-8-99; Ord. No. 2001-3295, S 1, 3-14-(1)
DATE: 10120/03 --------T7-~---------------------------
:'
SECTION 2. CODIFICATION.
It Is the Intention of the Mayor and City Commission of the City of Miami Beach, and It is
l'Iereby ordained that the provisions of this ordinance shall become and be made pert 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.
SEcnON 3. REPEALER.
All ordinances or parts of ordinances In conflict herewith be and the same a/'8 hereby
repealed..
SECTION 4. SEVERABIUTY.
If any section, subsedlOn, sentence, dause, phrase or portion of this Ordinance Is, for any
reason, held Invalid or unconstitutional, such portion shan be deemed a separate, distinct
and Independent provision and such holding shall not affect the validity or constitutionality
of the remaining portions of this Ordinance.
SEcnON 5. EFFECTIVE DATE.
This Ordinance shail take effect on the 10th day of Ausu.t
'S 10 days after adoption.
, 2002, which
PASSED and ADOPTED this
318t
,2002.
ATTEST:
City Clerk
Letters or numbers that a/'8 strtcken througha/'8 deletions from existing ordinance.
Letters or numbers that a/'8 undertlned a/'8 additions to existing ordinance.
F:\ATTO\OLIJ\RES-ORD\CONEOFSILENCE.FNL.DOC
/IPI.CHf;D AS 1'0
FORM & LANGUAGE
& UT10N
..
~:2.OL
DaIa
BID NO: 01-03/04
DATE: 10/20/03
CITY OF MIAMI BEACH
38
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OFFI~ OF THE CITY ATTORNEY
MURRAY H. DUBBIN
City Attol"Dey
~ tfJ&mi1huA
, LOll 0 A
f)
TelepboDe: (305) 673-747
Telecopy: (305) 673-700
COMMISSION MEMORANDUM
DATE: JULY 31, 2002
TO:
MURRAY DUBBIN
CITY A'ITORNEYi\U
JORGE M. GONZ'" Tr.7.
CITY MANAGER
SF-CONn READING
PUBLIC HEARING
FROM:
SUBJECf: AMENDMENT TO ClTY'S "CONE or SILENCE" ORDINANCE
On JlIIIUU)' 29, 2002; the Miami.J)Ide County COIIIIIlission appnm:d 10 IIIIIIlIIImeut to tile
County'. "Cone of SilCIICC" 0rdiIIanc:e,. wilh an elfeelive date of February 8, 2002. Tbe "I'I".wecl
amendmeDtI to the COIIDty'. Ordinance, which the City Manager lOci the City Attorney'. Office
hemD l'C"O"'nwM be illcorporatal u an IIDCIIdment to the City'. own "Cone ofSileuce" 0rdiDance,
arc u follows:
(1) Extenc:liq 1he probibitiOll on oral ~tiotlt reprdiDs I particuIIr RFP. RFQ.
IDc:l bic:l for the IOlicitatiOll of aoods IDc:l services to IboIe between I pnnwiat vcadar,
lCI'Vice provider, bidder, lobbyist or COIISII1t1Dt, IDc:llhe Mayor, Commisaioocrs, uid
du:ir respective staftiI;
(2) ExtencIina 1he probibitiOD 011 oral CCIllIIDUDicali reprdiDs I particular RFP, RPQ.
or bicl beIween any adminiI1rative Ilaft"member, and any member of 10 evalUllioD
ancIIor sclection committee lhetefor;
(3) Notwithlltndil1l tile probibition in subsection (2) above. provic:liq an excmptiOll
1110winl the M-aer and 1he. cbairpenoa of 1he evaluation ancIIor selection
committee to CClDIlIIIIDicate upon a particular evaluation ancIIor sclection committee
Agenda I"'" ASC
1700 C._tIoa C..er Drive - ........11oor - MIa" Bead Date 7-,j/-().J-.
BID NO: 01-03/04
DATE: 10120103
CITY OF MIAMI BEACH
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recommendation, but only after the committee bas submitted an award
recommendation to the Manager and, provided should a change occur in the
committee's reCommendation, the content of the communication and of the
correspondence chang~ shall be described in writing and med by the Manaser with ~
the City Clerk, and be included in any recommendation memorandum submitted by
the Mauager to the Commission;
(4) Creating 811 exemption allowing communications Rgarding a particular RFP, RFQ,
or bid between the Procurement Director (or hisIhcr administrative staft"responsible
for administering the particular RFP, RFQ, or bid process) and a member of the
evaluation/selection committee therefor, provided the communication is limited
strictly to matters ofprocess or procedure already contained in the corresponding bid
document;
(5) Creating an exemption for duly noticed site visits to determine the compc;tency of
bidders regarding a particular bid, during the time period between the opening of the
bids and the time the Manaser makes hislher written recommendation to the
Commission;
(6) Creating an exemption for emergency procurement of goods or services; and
(7) Creating 811 exemption to allow for communications regarding a particular RFP,
RFQ, or bid between any person and the Procurement Director. (or his or her
AdmmillJtrative staff respousible for administering the bid process), provided the
COlJllJ11lDicaliOl1 is limitccl to matters of process or procedure already contained in the
bid documents.
The Miami-OIdc County Commission on Ethics bu consistently taken the position that the
County's Ethics legislation, as codified in Section 2 ofth.e Miami-Dade C01IDty Code, applies to
municipal officers and employees, whether or not they chose to adopt c;oucsponding legislation or
noL However, one of the reasons that the City of Miami Beach adopted its own CODe of silence
legislation was not only to make it stricter in places where the County's ordinance is more J.eajent
(which is legally permissible), but alSo, assuming the County ethics legislation only applies to
municipal officers and employees, the enactment of the City's own cone of silence ordinance
extended the prohibitions of the ordinance, and the sanctions therein, to potential vendors, Service
providers, bidders, lobbyists, andlor consultants doing business with the City of Miami Beach.
It is therefore recGallueuded by the City Mmapr and City Attorney's Office's that the Mayor
and CitY Commission herein adopt, on first radiag, the attached amendments to the City's Cone of
Silence Ordinance; said amendments mirroring the amendments already approved by the Miami. .
Dade County Commission (in its Cone of Silence Ordinance).
-...
PMTt'CMCIUIr.~ a~~-"
2
BID NO: 01-03/04
DATE: 10/20/03
CITY OF MIAMI BEACH
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DIVISION 3. LOBBYISTS
Sec. 2-481. Definitions.
The following words, terms and phrases, when used in this division, shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different meaning:
Advisory personnel means the members of those city boards and agencies whose sole or primary
responsibility is to recommend legislation or give advice to the City commissioners.
Autonomous personnel includes but is not limited to the members of the housing authority,
personnel board, pension boards, and such other autonomous or semi-autonomous authorities,
boards and agencies as are entrusted with the day-to-day policy setting, operation and management
of certain defined functions or areas of responsibility.
Commissioners means the mayor and members of the City commission.
Departmental personnel means the City manager, all assistant City managers, all department heads,
the City attorney, chief deputy City attorney and all assistant City attorneys; however, all
departmental personnel when acting in connection with administrative hearings shall not be included
for purposes of this division.
Lobbyist means all persons employed or retained, whether paid or not, by a principal who seeks to
encourage the passage, defeat or modification of any ordinance, resolution, action or decision of any
commissioner; any action, decision, recommendation of any City board or committee; or any action,
decision or recommendation of any personnel defined in any manner in this section, during the time
period of the entire decision-making process on such action, decision or recommendation that
foreseeably will be heard or reviewed by the City commission, or a City board or committee. The
term specifically includes the principal as well as any agent, attorney, officer or employee of a
principal, regardless of whether such lobbying activities fall within the normal scope of employment
of such agent, attorney, officer or employee.
Quasi-judicial personnel means the members of the planning board, the board of adjustment and
such other boards and agencies of the City that perform such quasi-judicial functions. The nuisance
abatement board, special master hearings and administrative hearings shall not be included for
purposes of this division.
(Ord. No. 92-2777, 33 I, 2, 3-4-92; Ord. No. 92-2785, 33 I, 2, 6-17-92)
Cross reference(s)--Definitions generally, 31-2.
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:
(I) His name;
BID NO: 01-03/04
DATE: 10/20/03
CITY OF MIAMI BEACH
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(2) His business address;
(3) The name and business address of each person or entity which has employed the
registrant to lobby;
(4) The commissioner or personnel sought to be lobbied; and
(5) The specific issue on which he has been employed to lobby.
(b) Any change to any information originally filed, or any additional City commissioner or
personnel who are also sought to be lobbied shall require that the lobbyist file an amendment
to the registration forms, although no additional fee shall be required for such amendment.
The lobbyist has a continuing duty to supply information and amend the forms filed
throughout the period for which the lobbying occurs.
(c) If the lobbyist represents a corporation, partnership or trust, the chief officer, partner or
beneficiary shall also be identified. Without limiting the foregoing, the lobbyist shall also
identify all persons holding, directly or indirectly, a five percent or more ownership interest
in such corporation, partnership, or trust.
(d) Separate registration shall be required for each principal represented on each specific issue.
Such issue shall be described with as much detail as is practical, including but not limited to
a specific description where applicable of a pending request for a proposal, invitation to bid,
or public hearing number. The City clerk shall reject any registration statement not providing
a description of the specific issue on which such lobbyist has been employed to lobby.
(e) Each person who withdraws as a lobbyist for a particular client shall file an appropriate
notice of withdrawal.
(f) In addition to the registration fee required in subsection (a) of this section, registration of all
lobbyists shall be required prior to October 1 of every even-numbered year; and the fee for
biennial registration shall be as specified in appendix A.
(g) In addition to the matters addressed above, every registrant shall be required to state the
extent of any business, financial, familial or professional relationship, or other relationship
giving rise to an appearance of an impropriety, with any current City commissioner or
personnel who is sought to be lobbied as identified on the lobbyist registration form filed.
(h) The registration fees required by subsections (a) and (f) of this section shall be deposited by
the clerk into a separate account and shall be expended only to cover the costs incurred in
administering the provisions of this division. There shall be no fee required for filing a notice
of withdrawal, and the City manager shall waive the registration fee upon a finding of
financial hardship, based upon a sworn statement of the applicant. Any person who only
appears as a representative of a nonprofit corporation or entity (such as a charitable
organization, a neighborhood or homeowner association, a local chamber of commerce or a
trade association or trade union), without special compensation or reimbursement for the
appearance, whether direct, indirect or contingent, to express support of or opposition to any
item, shall not be required to register with the clerk as required by this section. Copies of
registration forms shall be furnished to each commissioner or other personnel named on the
forms.
(Ord. No. 92-2777, 3 3, 3-4-92; Ord. No. 92-2785, 3 3, 6-17-92)
BID NO: 01-03/04
DATE: 10/20/03
CITY OF MIAMI BEACH
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Sec. 2-483. Exceptions to registration.
(a) Any public officer, employee or appointee or any person or entity in contractual privity with
the City who only appears in his official capacity shall not be required to register as a
lobbyist.
(b) Any person who only appears in his individual capacity at a public hearing before the city
commission, planning board, board of adjustment, or other board or committee and has no
other communication with the personnel defined in section 2-481, for the purpose of
self-representation without compensation or reimbursement, whether direct, indirect or
contingent, to express support of or opposition to any item, shall not be required to register
as a lobbyist, including but not limited to those who are members of homeowner or
neighborhood associations. All speakers shall, however, sign up on forms available at the
public hearing. Additionally, any person requested to appear before any city personnel,
board or commission, or any person compelled to answer for or appealing a code violation, a
nuisance abatement board hearing, a special master hearing or an administrative hearing
shall not be required to register, nor shall any agent, attorney, officer or employee of such
person.
(Ord. No. 92-2777,334,5,3-4-92; Ord. No. 92-2785, 334,5,6-17-92)
Sec. 2-484. Sign-in logs.
In addition to the registration requirements addressed above, all city departments, including the
offices of the mayor and city commission, the offices of the city manager, and the offices ofthe 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, 3 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 ifthere 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. 3 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 ofthe
investigation to the city commission. Any alleged violator shall also receive the results of
any investigation and shall have the opportunity to rebut the findings, if necessary, and
submit any written material in defense to the city commission. The city commission may
reprimand, censure, suspend or prohibit such person from lobbying before the commission or
any committee, board or personnel of the city.
(Ord. No. 92-2777, 3 6, 3-4-92; Ord. No. 92-2785,37,6-17-92)
BID NO: 01-03/04
DATE: 10/20/03
CITY OF MIAMI BEACH
43
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RESOLUTION NO. 2000-23879
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH REQUIRING THAT CONTRACTORS ADOPT
A CODE OF BUSINESS ETHICS PRIOR TO ENTERING INTO A
CONTRACI' WITH THE CITY OF MIAMI BEACH
WHEREAS, the Greater Miami Chamber of Commerce ("GMCC") adopted a
Model Code of Business Ethics (the "Model Code"); and
WHEREAS, the City of Miami Beach is a member of the GMCC; and
WHEREAS, the Model Code, attached hereto as Exhibit A, is a statement of
principles to help guide decisions and actions based on respect for the importance of
ethical business standards in the community; and
WHEREAS, the GMCC encourages its members to adopt the principles and
practices outlined in the Model Code; and
WHEREAS, the Commission believes that each entity which 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 to the City Manager or
his or her designee prior to execution of any contract between the contractor and the City.
The Code of Business shall, at a minimum, require the contractor to comply with all
applicable governmental rules and regulations including, among others, the conflict of
interest, lobbying and ethics provisions oCthe City Code.
Section 2. The Conunission urges the Greater Miami Chamber of Commerce
to require that all of its members adopt the Model Code of Business Ethics.
Section 3.
adoption.
This resolution shall become effective immediately upon its
BID NO: 01-03/04
DATE: 10/20/03
CITY OF MIAMI BEACH
44
," \.
PASSED and ADOPTED this 12th day of April 2000
ArrEST: '111
l~ YOR
APPROVEDASTO
FCRM & LANGUA<?,':
& FOR EXECUnOI'
~ 7-c./2J
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CITY OF MIAMI BEACH
45
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GREATER MIAMI CHAMBER OF COMMERCE
MODEL CODE OF BUSINESS ETHICS
STATEMENT OF PURPOSE
The Greater Miami Chamber of Commerce ("GMCCi seeks to create and sustain an ethical business
climate for Rs members and the community by adopting a Code of Business Ethics. The GMCC
encourages its members to incOfporate the principles and practices outlined here in their individual
codes of ethics which will guide their relationships with customers, clients and suppliers. This Model
Code can and should be prominently displayed at all business locations and may be Incorporated into
IIIIIrketing matetials. The GMCC believes that its members should use this Code as a model for the
development of their organizations' business codes of ethics.
This Model Code is II stlllemenl 01 princJples 10 help guide decisions and aclions based on respect lor the
importance of ethical bu.iness standard. in the community. The GMCC believesllle adoption ola meaningful code
of elhlcs ilthe responsibility of every business end prolessional organirll~on.
ComDliance with Government Rules & Reaulations
We will properly maintain all records and post all licenses and certificates
in prominent places easily seen by our employees and customers;
In dOlling with government agencies and employees, we wiH conduct business in
accordance wilh all applicable rules and regulalions and in the open;
We will report contract irregularilies and other improper or unlawful business
practices to the Ethics Commission. the Office of Inspeclor General or
appropriate law enlorcement authorities.
Recruitment. Selection & Comoensallon of Vendors and Suooliers
W. will avoid conflicts of inlerest and disclose such conmctl when identified;
Gills which compromise the integrity 0; a business Iransactlon are unacceptable;
we will not kick back any portion of a contract payment to employees 01 the other
contracting party or accept such a kickback. .
Buslne.. Accounting
All our financial transactions will be properly and lairly recorded in appropriate
books 01 account, and there will be no .off the books. transactions or secret
accounts.
Promolion and Sales of Producls and Services
Our products will comply with all applicable safety and quality standards:
We will promote and advertise our business and its products or services in a
manner which is nol misleading and does not falsely disparage our competitors;
Doina Business with the Government
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We will conduct business with government agencies and employees in a manner
which avoids even the appearance 01 impropriety. Efforts to curry political
favoritism are unacceptable;
Our bids will be competitive, appropriate to the bid documents and arrived at
independently;
Any challenges to contra~s awarded will have a substantive basis and not be
pursued merely because we are the. unsuccesslul bidder;
. We will, to the best of our ability, pi!/form government contracts awarded at the
price and under the terms provided lor in the contract. We will not submit innated
invoices lor goods provided or services performed under such contracts, and
claims will be made only ror work actually performed. We will abide by all
contracling end SUbcontracting regUlations.
We will not, directly or indirectly, offer to give a bribe or otherwise channel
kickbacks Irom contracts awarded, to government officials, their family members
or business associates,
We will not seek or expect prelerential treatment on bids based on our
participation in political campaigns.
Public L1f. ind Political CamDaians
We encourage all employees to participate in community lIIe, public service and
the political process;
W. encourage all employees to reCluit, support and elect ethical and qualilied
public olliclals and engage them in dialogue and debate about business and
community issues;
Our contributions to pOlillcal parties, committees or individuals will only be made
in accordance with applicable law and will comply with all requirements for public
disclosure. All contributions made on behalf 01 the business must be reported to
senior company management; .
We will nol contribute to the campaigns or persons who are convicted lelons or
those who do not sign the Fair Campaign Practices Ordinance.
We will not knowingly disseminate lalse cempaign inlormalion or support those
who do,
Corporate Oflicer
Company Name
Dale
BID NO: 01-03/04
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CITY OF MIAMI BEACH
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ORDINANCE NO 2000-3234
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 2, ARTICLE
VI, ENTITLED "PROCUREMENT", BY CREATING DIVISION 5,
ENTITLED "DEBARMENT", SECTIONS 2-397 THROUGH 2-406 OF THE
CODE OF THE CITY OF MIAMI BEACH, FLORIDA, PROVIDING FOR
DEBARMENT OF CONTRACTORS FROM CITY WORK; PROVIDING
FOR SEVERABILITY; CODIFICATION; REPEALER; AND AN
EFFECTIVE DATE.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. Miami Beach City Code, Chapter 2, entitled "Administration", Article VI, entitled
"Procurement", is hereby amended by adding the following Division 5, entitled - "Debarment of
Contractors from City Work" reading as follows:
Division 5. Debarment of contractors from City work.
Section 2-397. Purpose of debarment.
(a) The City shall solicit offers from, award contracts to, and consent to subcontractors with
responsible contractors only: To effectuate this police, the debarment of contractors from
City work may be undertaken.
(b) The serious nature of debarment requires that this sanction be imposed only when it is in the
public interest for the City's protection. and not for purposes of punishment. Debarment shall
be imposed in accordance with the procedures contained in this ordinance.
Section 2-398.Definitions.
(a) Affiliates. Business concerns. organizations, lobbyists or other individuals are affiliates of
each other if, directly or indirectly. (I) either one controls or has the power to control the
other, or (ii) a third part controls or has the power to control both. Indicia of control include,
but are not limited to. a fiduciary relation which results from the manifestation of consent by
one individual to another that the other shall act on his behalf and subject to his control, and
consent by the other so to act; interlocking management or ownership; identity of interests
among family members; shared facilities and equipment; common use of employees; or a
business entity organized by a debarred entity, individual, or affiliate following debarment of
a contractor that has the same or similar management, ownership, or principal employees as
the contractor that was debarred or suspended.
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(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:
(I) Directly or indirectly (e.g. through an affiliate). submits offers for is awarded" or
reasonably may be expected to submit offers or be awarded a City contract,
including, but not limited to vendors, suppliers, providers, Bidders, Proposers,
consultants, and/or design professionals, or
(2) Conducts business or reasonable man be expected to conduct business. with the City
as an agent" representative or subcontractor of another contractor.
(d) Conviction means a judgement or conviction of a criminal offense. be it a felony or
misdemeanor, by any court of competent jurisdiction. whether entered upon a verdict or a
plea. and includes a conviction entered upon a plea of nolo contendere.
(e) Debarment means action taken by the Debarment Committee to exclude a contractor (and. in
limited instances specified in this ordinance. a Bidder or Proposer from City contracting and
City approved subcontracting for a reasonable, specified period as provided in subsection (j)
below: a contractor so excluded is debarred.
(f) Debarment Committee means a group of seven (7) individual members, each appointed by
the Mayor and individual City Commissioners, to evaluate and. if warranted. to impose
debarment,
(g) Preponderance Greater weight of the evidence means proof by information that, compared
with that opposing it , leads to the conclusion that the fact at issue is more probably true than
not.
(h). Indictment means indictment for a criminal offense. An information or other filing by
competent authority charging a criminal offense shall be given the same effect as an
indictment.
(I) Legal proceeding means any civil judicial proceeding to which the City is a party or any
criminal proceeding. The term includes appeals from such proceedings.
(j) List of debarred contractors means a list compiled, maintained and distributed by the City=s
Procurement Office. containing the names of contractors debarred under the procedures of
this ordinance.
Section 2-399.List of debarred contractors.
(a) The City's Procurement Office. is the agency charged with the implementation of this
ordinance shall:
(I) Compile and maintain a current. consolidated list (List) ofall contractors debarred by
City departments, Such List shall be public record and shall be available for public
inspection and dissemination;
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,:- .,'
(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:
(I) The names and addresses of all contractors debarred. in alphabetical order;
(2) The name of the department that recommends initiation of the debarment action;
(3) The cause for the debarment action, as is further described herein. or other statutory
or regulatory authority;
(4) The effect of the debarment action;
(5) The termination date for each listing;
(6) The contractor's certificate of competence or license number, when applicable;
(7) The person through whom the contractor is qualified, when applicable;
(8) The name and telephone number of the point of contact in the department
recommending the debarment action.
(c) The City's Procurement Office shall:
(I) In accordance with internal retention procedures maintain records relating to each
debarment;
(2) Establish procedures to provide for the effective use of the List, including internal
distribution thereof to ensure that departments do not solicit offers from, award
contracts to, or consent to subcontracts with contractors on the List; and
(3) Respond to inquiries concerning listed, contractors and coordinate such responses
with the department that recommended the action,
Section 2-400.Effect of debarment.
(a) Debarred contractors are excluded from receiving contracts, and departments shall not solicit
offers from award contracts to, or consent to subcontracts with these contractors unless the
City Manager determines that an emergency exists justifying such action. and obtains
approval from the Mayor and City Commission, which approval shall be given by 5!7ths
vote of the City Commission at a regularly scheduled City Commission meeting. Debarred
contractors are also excluded from conducting business with the City as agents,
representatives, subcontractors or partners of other contractors.
(b) Debarred contractors are excluded from acting as individual sureties.
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Section 2-401.Continuation of current contracts.
(a) Commencing on the effective date of this ordinance. all proposed City contracts. as well as
Request for Proposals (RFP). Request for Qualifications (RFO). Requests for Letters of
Interest (RFLI). or bids issued be the City. shall incorporate this ordinance and specify that
debarment may constitute grounds for termination of the contract as well as disqualification
from consideration on any RFP, RFO, RFLI. or bid.
(b) The debarment shall take effect in accordance with the notice provided by the City Manager
pursuant to subsection 2-405(h) below. except that if a City department has contracts or
subcontracts in existence at the time the contractor was debarred, the debarment period may
commence upon the conclusion of the contract. subject to approval of same be 517ths 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 517ths vote of the Mayor and City Commission at a regularly scheduled
meeting.
(d) No further work shall be awarded to a debarred contractor in connection with a continuing
contract where the work is divided into separate discrete groups and the City's refusal or
denial of further work under the contract will not result in a breach of such contract.
Section 2-402.Restrictions on subcontracting.
(a) When a debarred contractor is proposed as a subcontractor for any subcontract subject to
City approval, the department shall not consent to subcontracts with such contractors unless
the City Manager determines that an emergency exists justifying such consent and the Mayor
and City Commission approves such decision by 517ths vote at a regularly scheduled
meeting.
(b) The City shall not be responsible for any increases in project costs or other expenses
incurred by a contractor as a result of rejection of proposed subcontractors pursuant to
subsection 2-402(a) above, provided the subcontractor was debarred prior to bid opening or
opening of proposals, where the contract was awarded be the City pursuant to an RFP, RFO,
RFLI, or bid.
Section 2-403.Debarment.
(a) The Debarment Committee may, in the public interest debar a contractor for any of the
causes listed in this ordinance using the procedures outlined below. The existence of a cause
for debarment however, does not necessarily require that the contractor be debarred; the
seriousness of the contractor's acts or omissions and any mitigating factors should be
considered in making any debarment decision.
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(b) Debarment constitutes debarment of all officers, directors, shareholders owning or
controlling twenty-five (25) percent of the stock, partners, divisions or other organizational
elements of the debarred contractor, unless the debarred decision is limited by its terms to
specific divisions, organizational elements or commodities. The Debarment Committee's
decision includes any existing affiliates of the contractor if they are (I) specifically named
and (ii) given written notice of the proposed debarment and an opportunity to respond.
Future affiliates of the contractor are subject to the Debarment Committee's decision.
(c) A contractor's debarment shall be effective throughout City Government.
Section 2-404.
Causes for debarment.
(a) The Debarment Committee shall debar a contractor for a conviction or civil judgment,
(I) For commission of a fraud or a criminal offense in connection with obtaining
attempting to obtain, performing, or making a claim upon a public contract or
subcontract or a contract or subcontract funded in whole or in part with public funds;
(2) For violation offederal 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;
(I) 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 (I) or more contracts, as certified by an
independent registered architect engineer or general contractor;
(2) Violation of a City ordinance or administrative order which lists debarment as a
potential penalty;
(3) Any other cause which affects the responsibility of a City contractor or subcontractor
in performing City work.
Section 2-405.Debarment procedures.
(a) Requests for the debarment of contractors may be initiated by a City Department or by a
citizen-at large and shall be made in writing to the Office of the City Manager. Upon receipt
of a request for debarment, the City Manager shall transmit the request to the Mayor and
City Commission at a regularly scheduled meeting. The Mayor and City Commission shall
transmit the request to a person or persons who shall be charged by the City Commission
with the duty of promptly investigating and preparing a written report(s) concerning the
proposed debarment, including the cause and grounds for debarment as set forth in this
ordinance.
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(b) Upon completion of the aforestated written report, the City Manager shall forward said
report to the Debarment Committee. The City's Procurement Office shall act as staff to the
Debarment Committee and, with the assistance of the City department person or persons
which prepared the report present evidence and argument to the Debarment Committee
(c) Notice of proposal to debar. Within ten working days ofthe Debarment Committee having
received the request for debarment and written report, the City's Procurement Office, on
behalf of the Debarment Committee shall issue a notice of proposed debarment advising the
contractor and any specifically named affiliates, by certified mail. return receipt requested, or
personal service containing the following information:
(1) That debarment is being considered:
(2) The reasons and causes for the proposed debarment in terms sufficient to put the
contractor and any named affiliates on notice of the conduct or transaction(s) upon
which it is based;
(3) That a hearing shall be conducted before the Debarment Committee on a date and
time not less than thirty (30) days after service of the notice. The notice shall also
advise the contractor that it may be represented by an attorney, may present
documentary evidence and verbal testimony, and may cross-examine evidence and
testimony presented against it.
(4) The notice shall also describe the effect of the issuance of the notice of proposed
debarment, and of the potential effect of an actual debarment.
(d) No later than seven (7) working days, prior to the scheduled hearing date, the contractor
must furnish the City's Procurement Office a list of the defenses the contractor intends to
present at the hearing. If the contractor fails to submit the list, in writing, at least seven (7)
working days prior to the hearing or fails to seek an extension of time within which to do so,
the contractor shall have waived the opportunity to be heard at the hearing. The Debarment
Committee has the right to grant or deny an extension of time, and for good cause, may set
aside the waiver to be heard at the hearing, and its decision may only be reviewed upon an
abuse of discretion standard.
(e) Hearsay evidence shall be admissible at the hearing but shall not form the sole basis for
initiating a debarment procedure nor the sole basis of any determination of debarment. The
hearing shall be transcribed, taped or otherwise recorded by use of a court reporter, at the
election Committee and at the expense of the City. Copies of the hearing tape or transcript
shall be furnished at the expense and request of the requesting party.
(1) 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 ofthe evidence standard. The Debarment Committee shall be
the sole trier offact. The Committee's decision shall be made within ten (10) working days
after conclusion of the hearing, unless the Debarment Committee extends this period for
good cause.
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(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.
(I) If the Debarment Committee decides to impose debarment, the City Manager shall
give the contractor and any named affiliates involved written notice by certified mail,
return receipt requested, or hand delivery, within ten (10) working days of the
decision, specifying the reasons for debarment and including a copy of the
Committee's written decision; stating the period of debarment, including effective
dates; and advising that the debarment is effective throughout the City departments.
(2) If debarment is not imposed, the City Manager shall notify the contractor and any
named affiliates involved ,by certified mail. return receipt requested. or personal
service, within ten (10) working days of the decision.
(i) All decisions of the Debarment Committee shall be final and shall be effective.on the date
the notice is signed by the City Manager. Decisions of the Debarment Committee are subject
to review by the Appellate Division of the Circuit Court. A debarred contractor may seek a
stay of the debarment decision in accordance with the Florida Rules of Appellate Procedure.
Section 2-406. Period of debarment.
(a) The period of debarment imposed shall be within the sole discretion of the Debarment
Committee. Debarment shall be for a period commensurate with the seriousness of the
cause(s), and where applicable, within the guidelines set forth below, but in no event shall
exceed five (5) years.
(b) The following guidelines in the period of debarment shall apply except where mitigating or
aggravating circumstances justify deviation:
(1) For commission of an offense as described in subsection 2404(a)(I): five (5) years.
(2) For commission of an offense as described in subsection 2404(a)(2): five (5) years.
(3) For commission of an offense as described in subsection 2404(a)(3): five (5) years.
(4) For commission of an offense as described in subsection 2404(a)(54): two (2) to five
(5) years.
(5) For commission of an offense as described in subsections 2404(b)(l) or (2): two (2)
to five (5) years.
(c) The Debarment Committee may, in its sole discretion, reduce the period of debarment, upon
the contractor's written request for reasons such as:
(I) 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.
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(d) The debarment debarred contractor's written request shall contain the reasons for requesting
a reduction in the debarment period, The City's Procurement Office, with the assistance of
the affected department shall have thirty (30) days from receipt of such request to submit
written response thereto. The decision of the Debarment Committee regarding a request
made under this subsection is final and non-appealable.
SECTION 2. SEVERABILITY.
If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder shall
not be affected by such invalidity.
SECTION 3. CODIFICATION.
It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is hereby
ordained that the provisions of this ordinance shall become and be made a part of the Code ofthe
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 Februarv, 2000.
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CITY OF MIAMI BEACH
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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 LEITERS OF INTEREST
(RFLI'S), AND PURCHASE ORDERS BASED ON WRITTEN OR ORAL
QUOTATIONS, BY AMENDING CHAPTER 2 OF THE CODE OF THE CITY
OF MIAMI BEACH ENTITLED "ADMINISTRATION"; BY AMENDING
ARTICLE VI THEREOF ENTITLED "PROCUREMENT'; BY CREATING
SECTION 2-371 ENTITLED "AUTHORITY TO RESOLVE PROTESTED
BIDS AND PROPOSED AWARDS"; PROVIDING FOR SEVERABILITY;
PROVIDING FOR CODIFICATION; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, from time to time the City procures goods and services through Invitation
for Bids, Requests for Proposals, Requests for Qualifications, Requests for Letters of
Interest, and purchase orders based on written Qr oral quotations, in accordance with the
public bidding procedures set forth in Florida law and the Code ofthe City of Miami Beach
(the "City Code "); and
WHEREAS, such process may lead to protested bids and proposed awards; and
WHEREAS, it is the intent of the Mayor and City Commission that procedural and
technical issues related to Invitations for Bids, Requests for Proposals, Requests for
Qualifications, Requests for Letters of Interest, and purchase orders based on written or
oral quotations, be decided by the City Manager and the City Attorney, and that their
determinations with respect to said procedural and technical issues shall be deemed final;
and
WHEREAS, it is in the best interests of the City and all respondents to Invitations for
Bids, Requests for Proposals, Requests for Qualifications, Requests for Letters ofInterest,
and purchase orders based on written or oral quotations, to have a clear and unequivocal
procedure for resolving such protests in a timely and expeditious manner.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, as follows:
Section 1. There is hereby added to Article VI of Chapter 2 of the City Code a new
Section 2-371, which shall read as follows:
Section 2-371. Authority to Resolve Protested Bids and Proposed Awards.
(a) Right to Protest. Any actual bidder, qualified proposer, or interested parties
(hereinafter collectively referred to as the "bidder") who has a substantial
interest in, and is aggrieved in connection with the solicitation or proposed
award of, a request for proposals ("RFP"), request for qualifications ("RFQ"),
request for letters of interest ("RFLI') or invitation for bid for goods and/or
services ("hereinafter, collectively referred to as the bid") may protest to the
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CITY OF MIAMI BEACH
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City Manager or his or her designee. Protests arising from the decisions and
votes of any evaluation or selection committee shall be limited to protests based
upon alleged deviation(s) from established purchasing procedures set forth in
this Code, any written guidelines of the Procurement Department, and the
specifications, requirements and/or terms set forth in any bid.
(1) Any protest concerning the bid specifications, requirements, and/or
terms must be made within three (3) business days (for the purposes of
this ordinance, "business day" means a day other than Saturday, Sunday
or a national holiday), from the time the facts become known and, in any
case, at least two (2) business days prior to the opening of the. Such
protest must be made in writing to the City Manager or his or her
designee, and such protest shall state the particular grounds on which it
is based and shall include all pertinent documents and evidence. No bid
protest shall be accepted unless it complies with the requirements of this
section. Failure to timely protest bid specifications, requirements and/or
terms is a waiver of the ability to protest the specifications, requirements
and/or terms.
(2) Any protest after the bid opening, including challenges to actions of any
evaluation or selection committee as provided in subsection (a) above,
shall be submitted in writing to the City Manager, or his or her designee.
The City will allow such bid protest to be submitted anytime until two
(2) business days following the release of the City Manager's written
recommendation to the City Commission, as same is set forth and
released in the City Commission agenda packet, for award of the bid in
question. Such protest shall state the particular grounds on which it is
based and shall include all pertinent grounds on which it is based, and
shall include all pertinent documents and evidence. No bid protest shall
be accepted unless it complies with the requirements of this section. All
actual bidders shall be notified in writing (which may be transmitted by
electronic communication, such as facsimile transmission and/or e-mail),
following the release of the City Manager's written recommendation to
the City Commission.
(b )Any bidder who is aggrieved in connection with the solicitation or proposed award of a
purchase order based on an oral or written quotation may protest to the City
Manager or his or her designee anytime during the procurement process, up to
the time of the award of the purchase order, but not after such time. Such protest
shall be made in writing and state the particular grounds on which it is based and
shall include all pertinent documents and evidence. No bid protest shall be
accepted unless it complies with the requirements of this section.
(c) The City may request reasonable reimbursement for expenses incurred in
processing any protest hereunder, which expenses shall include, but not be
limited to, staff time, legal fees and expenses (including expert witness fees),
reproduction of documents and other out-of-pocket expenses.
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(d)Authority to Resolve Protests. The City Manager or his or her designee shall have the
authority to settle and resolve a protest conceming the solicitation or award ofa
bid.
(e) Responsiveness. Prior to any decision being rendered under this Ordinance with
respect to a bid protest, the City Manager and the City Attorney, or their
respective designees, shall certify whether the submission of the bidder to the
bid in question is responsive. The parties to the protest shall be bound by the
determination of the City Manager and the City Attorney with regard to the
issue of responsiveness. The determiRatieR ef the City MaRager aRd the City
.\ttemey with regard to all procedural aRd teehRical matters shall be fiRal.
(f) Decision and Appeal Procedures. If the bid protest is not resolved by mutual
agreement, the City Manager and the City Attorney, or their respective
designees, shall promptly issue a decision in writing. The decision shall
specifically state the reasons for the action taken and inform the protestor of his
or her right to challenge the decision. Any person aggrieved by any action or
decision of the City Manager, the City Attorney, or their respective designees,
with regard to any decision rendered under this section may appeal said decision
by filing an original action in the Circuit Court of the Eleventh Judicial Circuit
in and for Miami-Dade County, Florida, in accordance with the applicable court
rules. Any action not brought in good faith shall be subject to sanctions
including damages suffered by the City and attomey's fees incurred by the City
in defense of such wrongful action.
(g) Distribution. A copy of each decision by the City Manager and the City
Attorney shall be mailed or otherwise furnished immediately to the protestor.
(h) Stay of Procurements During Protests. In the event of a timely protest under
this section, the City shall not proceed further with the solicitation or with the
award pursuant to such bid unless a written determination is made by the City
Manager, that the award pursuant to such bid must be made without delay in
order to protect a substantial interest of the City.
(i) The institution and filing of a protest under this Code is an administrative
remedy that shall be employed prior to the institution and filing of any civil
action against the City concerning the subject matter ofthe protest.
(j) Protests not timely made under this section shall be barred. Any basis or
ground for a protest not set forth in the letter of protest required under this
section shall be deemed waived.
(k)At the time the City Manager's written recommendation for award of a bid is presented
at a meeting 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.
(I) The determination of the City Manager and the City Attornev with regard to all
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"
procedural and technical matters shall be final.
Section 2. All ordinances, resolutions or parts thereof in conflict herewith be and the
same are hereby repealed.
Section 3. If any section, sentence, clause or phrase of this Ordinance is held to be
invalid or unconstitutional by any court of competent jurisdiction, then said holding shall
in no way affect the validity of the remaining portions of this Ordinance. It is the intention
of the Mayor and City Commission of the City of Miami Beach, and it is hereby ordained
that the provisions of this Ordinance shall become and be made part of the Code of the City
of Miami Beach, Florida, The sections of this Ordinance may be renumbered or relettered
to accomplish such intention, and the word "ordinance" may be changed to "section,"
"article," or other appropriate word.
Section 4. This Ordinance shall take effect ten (10) days after its adoption on the 19th
day of Januarv. 2002.
PASSED on First Reading this 19th day of December ,200 I.
PASSED and ADOPTED on Second Reading this 9th day of Januarv . 2002.
~AS'JO
, VIVft & I.ANOf.MGE
& FOI SCECUTION
~ ~-.l
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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 DUL Y 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:
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"
Chapter 2
ADMINISTRATION
'" '" '"
Article VI. Procurement
'" '" '"
Division 6. Living Wage Requirements for Service Contracts and City
Employees
'" '" '"
Section 2-407.Re5erved
Definitions
W "City" means the government of Miami Beach or any authorized agents. any board.
agency. commission. department. or other entity thereof. or any successor thereto.
ill "Covered Employee" means anyone emploved by the City or any Service
Contractor. as further defined in this Division. either full or part time. as an emplovee with or
without benefits or as an independent contractor.
W "Covered Employer" means the City and any and all Service Contractors. whether
contracting directlv or indirectly with the City. and subcontractors of a Service Contractor.
@ "Service Contractor" is any individual. business entity. corooration (whether for
profit or not for profit). partnership. limited liability company. ioint venture. or similar
business who is conducting business in Miami Beach. or Miami Dade County. and meets one
(l) of the two (2) following criteria:
(I) The Service Contractor is:
(a) paid in whole or part from one or more of the City's general fund.
capital proiect finds. special revenue funds. or any other funds either
directly or indirectlv. whether by competitive bid process. informal
bids. requests for prooosals. 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 applv to contracts related primarily to the sale of products or
goods.
W "Covered Services" are the type of services purchased by the City that are subiect to
the reQuirements of this Division which include the following:
ill City Service Contracts
Contracts involving the City's expenditure of over $100.000 per year and which
include the following tvDes of services:
ill food preparation and/or distribution:
ill security services:
ill routine maintenance services such as custodial. cleaning.
computers. refuse removal. repair. refinishing. and recycling:
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ill clerical or other non-suoervisorv office work. whether temporary
or oermanent:
ill transoortation and oarking services:
(Q} printinl,! and reoroduction services:
ill landscaoing, Lawn. and or agricultural services: and
LID park and oublic olace maintenance
(2) Should any services that are beinl! performed bv City Emplovees at the time this
ordinance is enacted be solicited in the future bv the City to be performed bv a
Service Contractor. such services shall be Covered Services subiect to this Division.
SECTION 2-408. Reserved LIVING WAGE
(a) L1vina Waae Paid.
(1) Service Contractors.
All Service Contractors. as defined bv this Division. enterina into a contract
with the City of Miami Beach shall pav to all its emplovees who provide
services covered bv this Division. a livina waae of no less than $8.56 an
hour with health benefits. or a livina waae of not less than $9.81 an hour
without health benefits. as described in this Section.
(2) City EmDlovees.
For City Employees under the City pay plan. the City will beain to pay a
livina waae consistent with the aoals and terms of this Division on phase-in
basis beainnina in the 2001-2002 City budaet year. increasina on an
annual basis incrementallv so that the Livina Waae is fully implemented for
City emplovees in the 2003-2004 City budaet year as may be adiusted
pursuant to subsection ecl below. Thereafter. the Livina Waae to be paid
bv the City to its emolovees shall not be subiect to the annual indexina
usina the Consumer Price Index for all Urban Consumers (CPI-U) reauired
under subsection tcl below and instead shall be subiect to neaotiations
within the collective baraainina structure.
(b) Health Benefits. For a Covered Emplover or the City to complv with the livina
waae
provision bv choosina to pay the lower waae 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 Emplovees and their dependents. If the health benefits plan of the
Covered Emplover or the City reauires an initial period of emplovment for a new
employee to be eliaible for health benefits (eliaibility period) such Covered Emplover
or City may aualify to pay the $8.56 per hour waae scale durina the new emplovee's
initial eliaibilitv period provided the new emplovee will be paid health benefits upon
completion of the eliaibility period. Proof of the provision of health benefits must be
submitted to the awardina authority to aualify for the waae rate for emplovees with
health benefits.
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(c) Indexln . The IiYin wa e will be automaticall indexed each .ear usin\4 the
Consumer Price Index for all Urban Consumers (CPI-U) unless the City
Commission determines it would not be fiscally sound to implement the CP,-U in
~ particular Year.
ill the name. Address. and phone number of the employer. a local
contact person and the s ecific ro'ect for which the Covered
Services contract is souaht;
!l} the amount of the Covered Services contract and "the City
Department the contract will serve~
ill a brief description of the project or service provided:
ill a statement of the waae feye/s for all employees: and
@ a commitment to pay all employees a livina waae. as defined by
paraaraph Section 2-408 (a).
(f)
SECTION 2-409. Resened
IMPLEMENTATION
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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 subiect to the reQuirements ofthis Division.
.au 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.
W Maintenance of Payroll Records. Each Covered Emplover shall maintain pavrolls 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
~reater. The records shall contain:
(I) the name and address of each Covered Employee:
(2) the iob title and classification:
(3) the number of hours worked each day:
(4) the grOSS waees earned and deductions made:
(5) annual wages paid:
(6) a COpy of the social security returns and evidence ofpavrnent
thereof:
(7) a record of frin~e benefit pavrnents including contributions to
approved plans: and
(8) any other data or information this Division should reauire from
time to time.
@ Reportinl! Payroll. Everv six (6) months. the Covered Emolover shall file with the
Procurement Director a comolete oavroll showing the Covered Emolover's Davroll
records for each Covered Emolovee working on the contract( s) for Covered Services for
one oavroll oeriod. Upon request from the City. the Covered Employer shall produce
for inspection and copying its payroll records for any or all of its Covered Employees
for any period covered by the Covered Service contract. The City mav examine Davroll
records as needed to ensure comoliance.
SECTION 2-410. Reserved
COMPLIANCE AND ENFORCEMENT.
(a) Service Contractor to Cooperate. The Service Contractor shall permit City emplovees.
agents. or representatives to observe work being performed at. in or on the proiect or matter
for which the Service Contractor has a contract. The City representatives may examine the
books and records of the Service Contractor relating to the employment and Davroll to
determine if the Service Contractor is in compliance with the provisions of this Division.
(b) Complaint Procedures and Sanctions.
(I) 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 right to file a complaint with the Procurement Director of the
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"
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 mav also file a complaint with the Procurement Director
of the City on behalf of an emplovee for investigation bv 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 emplover 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 mav issue an order in
writing to the Service Contractor. bv certified mail or hand deliverv. notifying the
Service Contractor to appear at an administrative hearing 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) davs 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
obiect to evidence.
(5) The proceedings shall be recorded and minutes kept by the City. Anv Service
Contractor reauiring verbatim minutes for iudicial 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 Citv
Manager's designee shall render a decision in writing determining whether or
not the Service Contractor is in compliance. 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 true and correct COpy of his order by certified mail.
return receipt reauested. or bv hand deliverv. to the business address as the
Service Contractor shall designate in writing.
(8) The City Manager's or designee's findings shall constitute the final
administrative action of the City for purposes of iudicial review under state law.
(9) If a Service Contractor fails to seek timely appellate review of an order of the
City Manager or the City Manager's designee. or to complY timely with such
order. the City may pursue the enforcernent of sanctions set forth in Section 2-
410 (c).
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(el Private Ri~ht of Action A~ainst Service Contractor Anv Covered Emnlovee of or
former Covered Emnlovee of a Service Contractor mav. instead of utilizinl! the City
administrative nrocedure set forth in this Division. but not in addition to such nrocedure.
brinl! art action bv minI! suit al!ainst the Covered Emolover in anv court of comnetent
iurisdiction to enforce the orovisions of this Division and mav be awarded back oav.
benefits. attornev's fees. and costs. The annlicable statute oflimitations for such a claim will
be two (2) vears as orovided in Florida Statutes Section 95.1 J( 4)( c) for an action for
oavment of wal!es The court mav also imnose sanctions on the Service Contractor.
includinl! those persons or entities aidinl! or abettinl! the Service Contractor. to include wal!e
restitution to the affected Covered Emnlovee and damal!es navable to the Covered Emnlovee
in the sum ofuo to $500 for each week each Service Contractor is found to have violated this
Division.
(d) Sanctions Al!ainst Service Contractors. For violations ofthis Division. the City shall
sanction a Service Contractor by requiring the Service Contractor to pay wage restitution
at the employers expense for each affected employee and mav access the following:
(1) The City mav 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 emplovers shall be ineligible under this
section where principal officers ofthe emplover 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 Aidinl! and Abettinl!. 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
makinl;t a complaint to the City. or otherwise asserting his or her rights under this
Division. Participatinl;t in anv of its proceedings or using any civil remedies to enforce
his or her rights under this Division. Allegations of retaliation or discrimination. iffound
true in a proceeding under paragraph (b) or by a court of competent jurisdiction under
paral!raph (c). shall result in an order of restitution and reinstatement of a discharged
Covered Emplovee with back pav 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
I.MoHle. Commission mav issue subpoenas. compel the attendance and testimony of
witnesses and production of books. papers. records. and documents relating to payroll
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records necessarY for hearing. investigations. and proceedings. In case of disobedience of
the subpoena. the City Attornev may applv to a court of competent iurisdiction 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 obev such subpoena. after
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 necessarv for such hearings. investigations. or proceeding:s. may issue an
order requiring the attendance or testimony of such witnesses or the production of such
documents and anv violation of the court's ordermav be punishable bv 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 reliefto enforce the rights under this
Division in a court oflaw. This Division shall not be construed to limit an emplovee's right
to bring a common law cause of action for wrongful termination.
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, 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 28th
day of April ,2001.
PASSED and ADOPTED this 18th day of April , 2001.
JJit1 MAYOR
ATTEST:
~c.\.J-' PCt:LJ~
CITY CLERK
let reaclina
2nd rw.dln. XX
Ordinance No. 2001-3301
APPROVED AS TO
FORM 4 LANOlJ"OE
A FOR EXECU'llON
B
D
14 ~,"-
'/- ~'J-c)1
"
ORDINANCE NO.
2003-3389
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AMENDING MIAMI BEACH CITY CODE
CHAPTER 2, ARTICLE VII BY CREATING DIVISION 5 THEREOF ENTITLED
"CAMPAIGN FINANCE REFORM", AND FURTHER AMENDING CITY CODE
SECTION 38-6 ENTITLED "PROHIBITED CAMPAIGN CONTRIBUTIONS BY
VENDORS" AND CITY CODE CHAPTER 2 BY TRANSFERRING SAID
SECTION FROM CHAPTER 38 OF THE CODE TO CITY CODE CHAPTER 2,
ARTICLE VII, DIVISION 5, RENUMBERING CODE SECTION 38-6 TO CODE
SECTION 2-487; AMENDING SAME BY MANDATING THAT THE CITY
PUBLISH NOTICE REQUIREMENTS OF THIS ORDINANCE, ESTABLISHING
RESPONSIBILITY OF CANDIDATES FOR ELECTED OFFICE TO DETERMINE
STATUS OF POTENTIAL DONOR AS VENDOR, CLARIFYING AND CREATING
DEFINITIONS, CREATING ADDITIONAL WAIVER PROVISION WHEN
TERMINATION OF EXISTING CONTRACT WOULD BE ECONOMICALLY
ADVERSE TO CITY'S BEST INTERESTS; PROVIDING FOR REPEALER,
SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. That Miami Beach City Code Chapter 2, Article VII, is hereby amended by the
creation of Division 5 thereof entitled "Campaign Finance Reform" and is further amended by
transferring Section 38-6 entitled "Prohibited Campaign contributions by Vendors" from City Code
Chapter 38 to City Code Chapter 2, Article VII, Division 5 and renumbering said Section 38-6 to
Section 2-487, to read as follows:
DIVISION 5. CAMPAIGN FINANCE REFORM
Sec. ~ 2-487. Prohibited Campaign Contributions by Vendors
(ajA. General.
(1) W No pefSeR whe is a vendor te the eity shall give a campaign contribution
directly,orthrol:lgh a member efthe pel'Seft's immediate family, er threl:lgh a pelitieal
aetieft eefftfftiltee, sr threllgh 8RY ether pefSeft, indirectlv to a candidate, or to the
campaign committee of a candidate, for the offices of mayor or commissioner.
Commencing on the effective date of this ordinance. all oroposed city contracts. as
well as requests for prooosals (RFP)' requests for qualifications (RFO). requests for
letters of interest (RFLn. or bids issued bv the City. shall incorporate this Ordinance
so as to notify ootential vendors of the proscription embodied herein.
(Q) No candidate; or campaign committee of a candidate for the offices of mayor
or commissioner, shall selieit Elr reeeive deposit into such candidate's camoaign
account any campaign contribution directlv or indirectly from a perseft 'lihe is a
vendor te the ait)', er threugh a H1ember efthe pel'S6ft'S ifftffteaiate fomily, Elr threl:lgh
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a pelitieBI aetiea eammittee, er threHgh aay ether persea ea sehalf ef the per~ea.
This prehisitioa applies te aamral persoas BREi te perseas whe hBIEI a eeatrelliag
fiaBaeial iaterest ia sllsiness entities. 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 vendor
status of any potential donor.
(2) A fine of up to $500.00 shall be imposed on every person who violates this
prehisitiea section. Each act of solieitatiea, giving or reeeiviag depositing a
contribution in violation of this paragmph section shall constitute a separate
violation. All contributions reeeiveEl deposited by a candidate in violation of this
paragraph section shall be forfeited to the city's general revenue fund.
(3) A person or entity who directly or threHgh a memeer ef the pefSaa's iHlffieEliate
family, er thraHgh a pelitisal aetiea eemmittee, or tbrellgh aRY ether perseR
indirectlv makes a contribution to a candidate who is elected to the office of mayor
or commissioner shall be disqualified for a period of 12 months following the
swearing in of the subject elected official from traRsaetiRg bH~iaess serving as a
vendor with the city. This prehisitiaa eft tf8Rsaetiag sHsiaess with the eiry may se
wai'/eEl aftly ia the maBaer pr~lYided hereiooele'.... ia sllsseetieft (6).
(4) As used in this section:
(a) 1. A "vendor" is a person and/or entity who traasaets sllsiDess with the eiry,
&f has been appra'/ed by the ei!)' aeHlftlissiea te traa~aet bHsiaess with the
ei~', or is listeEl eD the airy H1aDager's Bflpra'leEl veaEler list. selected by the
City as the successful bidder on a present or pending bid for goods.
equipment or services. or has been approved by the Citv on a present or
Dendinl! award for goods. equipment or services. prior to or upon execution
of a contract. purchase order or standing: order.
2. "Vendor" shall include natural persons and/or entities who hold a
controllin~ financial interest in a vendor entity. The term "controlling
financial interest" shall mean the ownership. directly or indirectly. of 10% or
more ofthe outstanding capital stock in any corporation or a direct or indirect
interest of 10% or more in a firm. The term "firm" shall mean a cOl:poration.
partnership. business trust or any legal entity other than a natural person.
~ For purposes of this ordinance. "vendor" status shall terminate upon
completion of the agreement for the provision of goods. equipment or
services.
QU
For purposes of this section, the term "services" shall mean the rendering by
a vendor through competitive biddinl! or otherwise. of labor, professional
and/or consulting services to the City of Miami Beach.
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. ,
,
f9t f. "esBtrilnttisB" is:
-h ,^. gift, slibseriptisB, eOB'/eyaBee, depssit, 10aB, payment, or
disttibtltisB of ffilmey or llBythiBg of valHe, iBe 11ldiBg e6BtriblltisBS iB
kiBs ha'liBg aB attriblltable ffioBetary '/allle.
~ A tFRBsfer sf fl:Hlss eetweefl politieal eommittees, betweeB
eOlBffiittees sf eSBtifttislis eKisteRee, or bew/eeB a politiealesmmittee
ane a eOffimittee of eofttilHl6us e)(isteRee.
;;... The payment, by aay perSSR sther t.ftaB a eansieate sr pEllitieal
eSlBffiittee, sf eSffiJleBsatisB fer the pers6aal serviees sf aBether
persoB whieh are reBseree ts a eansisate 6r pslitieal esmmittee
withslIt eluH'ge t6 the eaBsidate or esmmittee fer slleA serviees.
4: The tFlHIsfer sf mReS by a eampaigB tfeasHrer or S6Jlllty e8ffll"aigB
treasurer betweeR a primary sepositsry aRS a seflaFRte
iaterest beariBg aee6t1Rt sr eertitieate sf del"6sit, aBd the teRB
iRellises aBY iBtefest eames 6R slIeh aeesllBt or eertiHeate.
19 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).
(h) B. Conditions for waiver of prohibition. The requirements of this section may be waived by a
517th vote for a particular transaction by city commission vote after public hearing upon
finding that:
(1) AB speB tEl all sealed esftlpetiti',e !ili!...!K prspssal has beeB slibffiitted aRd the eity
6ffieiall sBBee has iB BS '11fJi'j paFtieipated iB the seteRBiBatiBR Bf the bid
speeitieati6Rs sr bid a.....am;
~ill The prspelty goods. eQuipment or services to be involved in the proposed transaction
are unique and the city cannot avail itself of such prsl"erty goods. eQuipment or
services without entering into a transaction which would violate this section but for
waiver of its requirements; or
~ill The business entity involved in the proposed transaction is the sole source of supply
withiB the eity as determined by the City's Procurement Director in accordance with
procedures established in section 2-367(c) ofthe Miami Beach City Code; or(41ill
An emergency contract (as authorized bv the City Manager pursuant to
section 2-396 of the Miami Beach City Code) must be made in order to protect the
health, safety or welfare of the citizens of the city, as determined by a five-sevenths
vote of the city commission~~
ill A contract for the provision of Roods, eQuipment or services exists which. if
terminated bv the City, would be adverse to the best economic interests of the City.
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Any grant of waiver by the city commission must be supported with a full disclosure of the subject
campaign contribution.
WC. Applicability. This section shall be applicable only to prospective transactions, and the city
commission may in no case ratify a transaction entered into in violation of this section.
SECTION 2. REPEALER
All ordinances or parts of ordinances in conflict herewith be and the same are hereby
repealed.
SECTION 3. SEVERABILITY
If any section, sentence, clause or phrase of this ordinance is held to be invalid or
unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the
validity of the remaining portions of this ordinance.
SECTION 4. CODIFICATION.
It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is
hereby ordained that the provisions of this ordinance shall become and be made a part of the Code of
the City of Miami Beach, Florida. The sections ofthis ordinance may be renumbered or relettered to
accomplish such intention, and the word "ordinance" may be changed to "section", "article," or other
. .
SECTION~! EFFECTIVE DATE
This OrdiDanco .ball take effect the lItfi.day of
2003.
PASSED and ADOPTED tIll. 8th day or
A'lTE8T:
~i~
(Requaced by Commiuioner Jose Smith, and approved by Community AfFairs Committee)
(PUled on lit Readins on Dc:ccmbec 11, 2002)
JKO'otw
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ad~C.:lN~9. 2003~U8t
Do,;;. ~"'(j 2-
BID NO: 01-03/04 CITY OF MIAMI BEACH
~dPAlf{ll~man\ORDINANCES\CAMPAIGN ORDINANCE20bJ.3389.doc
ORDINANCE NO. 2002-3363
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING MIAMI BEACH CITY
CODE CHAPTER 2, DIVISION 3, SECTION 2-485 THEREFORE
ENTITLED "LIST OF EXPENDITURES; FEE DISCLOSURE;
REPORTING REQUIREMENTS", BY REQUIRING DISCLOSURE OF
LOBBYIST' FEES; PROVIDING FOR REPEALER, SEVERABILITY,
CODIFICATION, AND EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. That Miami Beach City Code Chapter 2 entitled "Administration", Division 3
entitled "Lobbyist", Section 2-485 thereof is hereby amended to read as follows:
Sec. 2-485. List of expenditures; fee disclosure; reporting requirements.
a. On October 1 of each year, lobbyist subject to lobbyist registration
requirements shall submit to the city clerk a signed statement under
oath as provided herein listing all lobbying expenditures in the city for
the preceding calendar year. A statement shall be filed even if there
have been no expenditures during the reporting period. The
statement shall list in detail each expenditure by category, including
food and beverage, entertainment, research, communication, media
advertising, publications, travel, lodging and special events.
, ..'Ii.~]. If no com ensation has or will be aid concernin
subiect lobbv services. a statement shall nonetheless be filed reflectina as such.
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c. Any change to information originally filed shall require that the lobbyist (I ib'a
principal under subsection (b) above) file,
The lobbyist (ire principal) ti..~~ a
continuing duty to supply accurate information and amend said reports when so
needed.
~ @ The city clerk shall notify any lobbyist (or orincioal) 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.
~ ~ 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.
~ ill A lobbyist (or principal) may appeal a fine and may request a hearing before
the Miami-Dade Commission on Ethics and Public Trust. A request for a hearing on the
fine must be filed with the Miami-Dade Commission on Ethics and Public Trust within 15
calendar days of receipt of the notification of the failure to file the required disclosure form.
The Miami-Dade Commission on Ethics and Public Trust shall have the authority to waive
the fine, in whole or in part, based on good cause shown.
SECTION 2.
REPEALER
All ordinances or parts of ordinances in conflict herewith be and the same are
hereby repealed.
SECTION 3.
SEVERABILITY
If section, sentence, clause or phrase of this ordinance is held to be invalid or
unconstitutional by any court of competent jurisdiction, then said holding shall in no way
affect the validity of the remaining portions of this ordinance.
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, ,. JIll,
SECTION 4.
CODIFICATION
It is the intention of the Mayor and City Commission of the City of Miami Beach, and
it is hereby ordained that the provisions of this ordinance shall become and be made a part
of the Code of the City of Miami Beach, Florida. The sections of this ordinance may be
renumbered or relettered to accomplish such intention, and the word "ordinance" may be
changed to "section", "article", or other appropriate word.
SECTION 5.
EFFECTIVE DATE
This Ordinance shall take effect 18th day of MID'....~002.
PASSED and ADOPTED on Second Reading this 8th day of Mav , 2002.
AlTEST:
,- ~,
.' .:: ! -;
~p~
CITY CLERK
(Requested by Commissioner Matti Bower and Co-sponsored by Commissioner Simon
Cruz, Jose Smith and Richard Steinberg)
191 reflects changes between first and second reading.
JKOIkw
F:A TTOIOLIJIRES-ORD\2-485.0RD.DOC
APPROVED I.s 10
FORM & lANGUAGE
& FOR EXECUTION
lAI hAJOlKiJ. -I-/"~-(JV
~DcM
BID NO: 01-83/04
DATE: 10/20/03
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.. -,
ORDINANCE NO. 2003-3413
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, IMPLEMENTING PROCEDURES TO PROVIDE
LOCAL PREFERENCE TO MIAMI BEACH-BASED VENDORS IN THE
AWARD OF CONTRACTS FOR GOODS AND GENERAL SERVICES, BY
AMENDING CHAPTER 2 OF THE CODE OF THE CITY OF MIAMI BEACH
ENTITLED, "ADMINISTRATION," BY AMENDING ARTICLE VI THEREOF
ENTITLED, "PROCUREMENT," BY AMENDING DIVISION 3 ENTITLED,
"CONTRACT PROCEDURES," BY CREATING SECTION 2-372; PROVIDING
FOR CODIFICATION, REPEALER, SEVERABILITY, AND AN EFFECTIVE
DATE.
WHEREAS, pursuant to Section 287.084, Florida Statutes. entitled Preference to
Florida businesses, municipalities may award a preference to the lowest responsible
bidder having a principal place of business within this state; and
WHEREAS, a local preference to Miami Beach-based vendors will recycle publiC
funds back into the local economy; and
WHEREAS, Miami Beach-based vendors, as taxpayers, have given to the
community by providing economic development and creating employment
opportunities; and
WHEREAS, a local preference to Miami Beach-based vendors would help the
local economy by providing an infusion of capital Into locally-based businesses. thus
providing greater relief to the City's businesses and the resident workforce; and
WHEREAS, a local preference ordinance will not result In the City paying more
for goods and services, since it provides Miami Beach-based vendors with the
opportunity of providing the goods and services at the same cost as the lowest bid
received; and
WHEREAS, the basic tenet of public procurement of ensuring maximum
competition will remain intacl by requiring competitive bids.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA as follows:
SECTION 1: That Chapter 2, Article VI, Division 3 of the Miami Beach City Code is
hereby amended creating a new section 2-372 as follows:
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!,
ARnCLE VI. PROCUREMENT
..-.*
DIVISION 3. CONTRACT PROCEDURE,!
****
1 Definitions.
~
eb)
ee) includ s
.printed matter.
(2) EmmDtlons.
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1..J. ....T
,
.4
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.
SEcnON 3. REPEALER.
All OItIlnances or parts of ordinances in conflict herewith be and the same are hereby
repealed.
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SECTION 4. SEVERABILITY.
If any section. subsection, sentence, clause, phrase or POrtion of this Ordinance is, for
any reason, held invalid or unconstitutional, such POrtion shall be deemed a separate,
distinct and independent provision and such holding shall not affect the validity or
constitutionality of the remaining portions of this Ordinance.
SECTION 5. EFFECTIVE DATE.
This Ordinance shall take effect on the 21st
which is 10 days after adoption.
day of
June
,2003,
PASSED and ADOPTED this
11th
day of
June
.2003.
~ Pb.t~
City Clerk
V I CL-..e ... ;t
Letters or numbers that are stricken through are deletions from existing
ordinance.
Letters or numbers that are underlined .rs additions to existing ordinance.
T:\AGENDA\2003\apr0903\regU/anLoca/Preterence.doc
APPROYEDASTO
roAM. LANGUAGI
aPOllIX8CU1lON
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CITY OF MIAMI BEACH
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