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Res No 185-12-13742RESOLUTION NO.: 185-12-13742 A Resolution authorizing the City Manager to award Maggolc, Inc. a Purchase Order for the sidewalk upgrade at Dante Fascell Park Tennis Center for a fee not to exceed $9,990. WHEREAS, the City accepted sealed quotations, including a quotation from Maggolc Inc. for the sidewalk repair at Dante Fascell Park Tennis Center; and WHEREAS, Maggolc, Inc. was a responsive and responsible vendor who provided the lowest bid; and WHEREAS, Capital Improvements analyzed the quotations received and determined Maggolc's Inc. quotation as conforming to the scope of work; and WHEREAS, Maggolc Inc. will perform the work requested for a fee not to exceed $9,900. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. The City Manager is authorized to award Maggolc Inc. a Purchase Order for the sidewalk repair at Dante Fascell Park Tennis Center for a fee not to exceed $9,990. Section 2. Severability. If any section, clause, sentence, or phrase of this resolution is for any reason held invalid or unconstitutional by a court of competent jurisdiction, this holding shall not affect the validity of the remaining portions of this resolution. Section 3. Effective Date: This resolution shall take effect immediately upon approval by the City Commission. Section 4. The expenditure to be charged to the Public Works Contractual Services Account Number 001 - 1750 - 519 -3450. PASSED AND APPROVED this 18 day of September, 2012. ATTEST: READ AND APPROVED AS TO FORM, LANGUAGE, LEGALITY AND EXECUTION THEREOF APPROVED: COMMISSION VOTE: 5 -0 Mayor Stoddard: Yea Vice Mayor Liebman: Yea Commissioner Harris: Yea Commissioner Newman: Yea Commissioner Welsh: Yea CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER - OFFICE MEMORANDUM To: The Honorable Mayor & Members of the City Commission From: Hector Mirabile, PhD, City Manager Date: September I I, 2012 Agenda Item No.: South Miami A11,AmedcaCRy if 2001 SUBJECT, A Resolution authorizing the City Manager to award Maggolc, Inc. a Purchase Order for the sidewalk upgrade at Dante Fascell Park Tennis Center for a fee not to exceed $9,990. BACKGROUND: An Invitation to Quote (ITQ) was previously issued for this were opened on July 17, 2012, however staff was concerr price. A meeting was held with the low bidder to clarify ensure they fully understood the scope of work. Based on were rejected and the ITQ was re- issued. project. Sealed bids ed with the low bid their quotation and that meeting, all bids The ITQ was sent to 21 contractors complied from internal listings and a Miami - Dade County contractor listing. Sealed bids were opened on September 7, 2012 with four proposals received: Maggolc, Inc. $99990 Quality Paving Corp. $13,500 JVA Engineering $1014 Custom Homes, Inc. $15,005 Customs Homes was rejected; their bid was received late and they did not comply with submitting the required affidavits and Related Parties Transaction form. Based on their low bid and compliance with the ITQ, Maggolc, Inc. was determined to be the most responsive and responsible vendor for this project. The new ITQ form includes affidavits that are included with all formal RFP's and a Related Parties Transaction form recently revised by the City Attorney. EXPENSE: $9,990 to account number 001 -1750 -519 -3450 with a balance of $13,250 Page 1 of 2 SUPPORT: Resolution Bid Opening Report, July 17, 2012 ITQ Re- issued: Vendor Solicitation Email dated August 24, 2012. Bid Opening Report, September 7, 2012 Maggolc, Inc. proposal Page 2 of 2 r • r r :ulolffi _t.. RX15 Were opened on 'Fuesciy, .luly 17.2019 after: 10:00 a.m. For: SIDEWALK UPGRADE AT DANTE FASCELL PARK , g t clS we fe oYerW.,d„ l n 4u Ci-J�S dt,r k.` s oft i u, bc'('AuSG 4" E2f pi ►neCli ntw o�s. C0V*V"i5l6 i VM Cb%Cr+ %W f!�* CONTRACTORS: BID AMOUNTS: THE ABOVE BID AMOUNTS HAVE NOT BEEN CHECKED, THE BID TOTALS ARE SUBJECT TO CORRECTION AFTER THE BIDS HAVE BEEN COMPLETELY REVIEWED, City Clerk: _______._. Print Na c V.- �rj O Print Nadi'c / Print Name Signature — 1. JVA ENGINEERING CONTRACTOR, INC. $14,814.00_ —�� — 2. QUALITY PAVING CORP. $ 7,990.00 — 3, ROCK POWER PAVING $ 15,677.70 THE ABOVE BID AMOUNTS HAVE NOT BEEN CHECKED, THE BID TOTALS ARE SUBJECT TO CORRECTION AFTER THE BIDS HAVE BEEN COMPLETELY REVIEWED, City Clerk: _______._. Print Na c V.- �rj O Print Nadi'c / Print Name Signature IJ BID OPENING REPORT Bids were opened JVA ENGINEERING CONTRACTOR, INC. on: Friday September 7 2012 after: 10`00 a in For, SIDEWALK 4. UPGRADE $ 1 S ()bf- 6 AT DANTE FASCELL PARK — TENNIS CENTER CONTRACTORS: BID AMOUNTS: 1. JVA ENGINEERING CONTRACTOR, INC. 2. QUALITY PAVING CORP. $) 3. MAGGOLC INC $ c)o , w 4. DAVID J. SANGUESA D C $ 1 S ()bf- 6 THE ABOVE BID AMOUNTS HAVE NOT BEEN CHECKED. THE BID TOTALS ARE SUBJECT TO CORRECTION AFTER THE BIDS HAVE BEEN COMPLETELY City Clerk: Print ame `J; Witness: ' �- zo G•./� Witness: Print Name Print Name REVIEWED. Signature n r. CITY OF SOUTH MIAMI F° . ` PUBLIC WORKS/ CAPTTAL IMPROVEMENTS AND CENTRAL SERVICES `y INVITATION TO QUOTE LUMP SUM PROPOSAL SUBMITTED TO. -City Clerk's Office NAME: Marla Menendez, CIVIC ADDRESS: 6130 Sunset Drive CITY /STATE: Mia�ml l'Ibrida 3.3134 PHONE* 3DS- 663.6339 MANDATORY PRE -QUOTE MEETING. PROJECT- ADDRESS: CITY /STATE: DATE: E -MAIL& DUE DATE: "BIDDERS ARE ENCOURAGED TO VISIT THE PROJECT SITE PRIOR TO THE QUOTE DUE DATE, QUOTE SUBMISSION REQUIREMENT &otelnhtlnml acm Quotes submitted after 10:00am on the due date will not be accepted unless otherwise specified in the quote document of a time change. All quotes will be submitted to the City Clerks Office in a seated envelope. The label on the envelope needs to read as follows: City of South Miami Marla M. Menendez, CIVIC 6130 Sunset Drive South Miami, Fl. 33143 Project Name: "Sidewalk Upgrade Dante Fascell Park - Tennis Center" Must input project name, If label and envelop does not have all information above your quote will not be accepted, 1, INSURANCE REQUIREMENTS: The CITY'S insurance requirements are attached (Exhibit 1). As a condition of award, the awarded vendor must provide a certificate of insurance namingthe city as additional Insured, 2, AFFIDAVITS TO BE COMPLETED BY BIDDER: (Exhibit s2) 3, SCOPE OF WORK DESCRIPTION (TO BE COMPLETED BY CITY): Upgrade sidewalk area located at Dante Fascell's Tennis Center. Remove and dispose existing asphalt sidewalk, backf ill, Team& and comoact to 1.811 -40, Install new 1" aschaitsidewalk (5:01) and compact. ReRrade and sod swale between.sldewalk 4a DESCRIPTION OF WORK TO BE PERFORMED BY CONTRACTOR: Item Number Item Description_ Unit Qty..,.......: 101 -1 Barricade and secure work areas LS 1 102 =1_ Remove and dispose asphalt. J20Wx5') SY 111 110,1-2 Install 4" of LOR -40 (200'.0) backtlll on existing sidewalk foot rp Int SY 160 120.1 _ Install 1" of Type S -111 surface mix to excavated area and.com act SY 160 160 -4 Re ride and extend backf1116. feet from south ed a of sidewalk and harmonize to SY 135 285706 he`gredeexlstingswale( 200' r. Wd tuatedbetweentennlscourtarl ..dsidewalk SY 135 __ 337 -7.32 Install Floratam sod (from south ed c of sidewalk SY 270 425 =1 -311 Remove and haul away any related debris from site LS 1 LUMP SUM TOTAL 9 9 90s Deadline to submit is Pdnt/Type Name* E -mall: GM Firm Name* Address: ,.r r c Date: I materials and eauloment necessarv.to secure comoletlonof the work, Contractor Payment Bond required. Contractor is te4pbnalbla to secure all permits and bonds and reflected In to submit a quote.ort company letterhead but must be attached with this form, 1IDAY, Septgmbnr 7i 2012 at 10 am - Clerk's office at 6130 Sunset Orlve, South Mlami ! l 33143 Phone: x1f30te, e vatot?id= C t9&t Fax: w.. T. f ^. ...�AiC . F.E.I.N. No. :..�� ^.�/ �/'�/_✓�. -/fig. State: 31 S� DIE EXECUTION OF THIS FORM CONSTITUTES THE UNEQUIVOCAL OFFER OF PROPOSER TO BE BOUND BY THE TERMS OF ITS PROPOSAL FAILURE TO SIGN THIS - SOLICITATION WHERE INDICATED ABOVE BY AN AUTHORIZED REPRESENTATIVE SHALL RENDER THE PROPOSAL NONRESPONSIVE, THE CITY MAY, HOWEVER, IN ITS SOLE OISCRETION, ACCEPT ANY PROPOSAL THAT INCLUDES AN EXECUTED DOCUMENT W HiCH UNEQUIVOCALLY BINDS THE PROPOSER TO THE TERMS OF ITS OFFER, 111E CITY'S REQUEST FOR QUOTES IS FOR THE LOWEST AND MOST RESPONSIVE PRICE, THE CITY RESERVES THE RIGHT TO AWARD THE PROJECT TO THE FIRM CONSIUFIIED THE BEST 70 SERVE THE CITY'S INIEAEST. Exhibit # 1 Insurance and indemnification I. Insurance and Indemnification Without limiting its liability, the proposing firm shall be required to procure and maintain at its own expense during the life of the Contract, insurance of the types and in the minimum amounts stated below as will protect the proposing firm, from claims which may arise out of or result from the proposing firm's execution of a contract with the City of South Miami for Performance Based Audits, whether such execution by the firm or by any sub consultant, or by anyone directly or indirectly employed by any of them or by anyone for whose acts any of them may be liable. The CONTRACTOR/COMPANY shall not commence WORK on this Agreement until he has obtained all insurance required by the City. The CONTRACTOR/COMPANY shall indemnify and save the City harmless from any and all damages, claims, liability, losses and causes of actions of any kind or nature arising out of a negligent error, omission, or act of the CONTRACTOR/COMPANY, its agents, representatives, employees, Sub - Contractor, or assigns, incident to arising out of or resulting from the performance of the CONTRACTOR /COMPANY'S professional services under this Agreement. The CONTRACTOR/COMPANY shall pay all claims and losses of any kind or nature whatsoever, in connection therewith, including the City's attorney's fees and expenses in the defense of any action in law or equity brought against the City arising from the negligent error, omission, or act of the CONTRACTORICOMPANY, its agents, representatives, employees, Sub - Contractor, or assigns, incident to, arising out of or resulting from the performance of the CONTRACTOR/COMPANY'S professional services under this Agreement.. The CONTRACTORICOMPANY agrees and recognizes that the City shall not be held liable or responsible for any claims, including the costs and expenses of defending such claims which may result from or arise out of actions or omissions of the CONTRACTOR/COMPANY, its agents, representatives, employees, Sub - Contractors, subcontractors, or assigns. In reviewing, approving or rejecting any submissions or acts of the CONTRACTOR/COMPANY, the City in no way assumes or shares responsibility or liability of the CONTRACTOR/COMPANYS, Sub - Contractors, their agents or assigns. The CONTRACTOR/COMPANY shall maintain during the term of this Agreement the following insurance: A. Professional Liability Insurance on a Florida approved form in the amount of $1,000,000 with deductible per claim if any, not to exceed 5% of the limit of liability providing for all sums which the CONTRACTOR/COMPANY shall become legally obligated to pay as damages for claims arising out of the services or work performed by the CONTRACTORICOMPANY its agents, representatives, Sub- Insurance and Indemnification July 25, 2012 Contractors or assigns, or by any person employed or retained by him in connection with this Agreement. This insurance shall be maintained for four years after completion of the construction and acceptance of any Project covered by this Agreement. However, the CONTRACTOR/COMPANY may purchase Specific Project Professional Liability Insurance, in the amount and under the terms specified above, which is also acceptable. B. Comprehensive general liability insurance with broad form endorsement, on a Florida approved form including automobile liability, completed operations and products liability, contractual liability, severability of interest with cross liability provision, and personal injury and property damage liability with limits of $1,000,000 combined single limit per occurrence and $2,000,000 aggregate, including: Personal Injury: $1,000,000; • Medical Insurance $25,000 per person; Property Damage: $500,000 each occurrence; • Automobile Liability: $1,000,000 each accidentloccurrence. C. Umbrella Commercial General Liability insurance on a Florida approved form with the same coverage as the primary insurance policy but in the amount of $1,000,000 per claim. The City must be named as additional "named" insured for all except Workers' Compensation, and reflect the indemnification and hold harmless provision contained herein. Policy must specify whether it is primary or excess /umbrella coverage. City must receive 10 days advance written notice of any policy modification and 30 days advance written notice of cancellation, including cancellation for non - payment of premiums. All insurance must remain in full force and effect for the duration of the contract period with the City. The CONTRACTOR/COMPANY must provide not only a "certified copy" of the Binder but also the Policy itself with the name, address and phone number of the agent and agency procuring the insurance. D. Workman's Compensation Insurance in compliance with Chapter 440, Florida Statutes, as presently written or hereafter amended. E. The policies shall contain waiver of subrogation against City where applicable, shall expressly provide that such policy or policies are primary over any other collective Insurance that City may have. The City reserves the right at any time to request a copy of the required policies for review. All policies shall contain a "severability of interest" or "cross liability" clause without obligation for premium payment of the City. Insurance and Indemnification July 25, 2012 F. All of the above insurance required to be provided by the CONTRACTORICOMPANY is to be placed with BEST rated Aft8 (A -Vlil) or better insurance companies, qualified to do business under the laws of the State of Florida on approved Florida forms. The CONTRACTOR/COMPANY shall furnish certified copies of all "Binders" or certificates of insurance to the City prior to the commencement of operations, which "Binders" or certificates shall clearly indicate that the CONTRACTOR/COMPANY has obtained insurance in the type, amount, and classification as required for strict compliance with this Section and that no reduction in limits by endorsement during the policy term, or cancellation of this insurance shall be effective without thirty (30) days prior written notice to the CITY. Compliance with the foregoing requirements shall not relieve the CONTRACTOR/COMPANY of his liability and obligations under this Section or under any other portion of this Agreement CONTRACTORICOMPANY agrees to supply copies of certificates of insurance to the City verifying the above - mentioned insurance coverage. CONTRACTOR/COMPANY agrees to list City as an Additional Insured of the CONTRACTOR/COMPANY's General liability insurance and shall provide the City quarterly reports concerning any and all claims. Insurance and Indemnification July 25, 2012 EXHIBIT 2 AFFIDAVITS AND FORMS SUBMISSION REQUIREMENTS T: Respondent's Sworn Statement Under Section 287.133(3)(A), Florida Statutes, on Attachment #1 "Public Entity Crimes and Conflicts of Interest Affidavit," shall be completed and provided with the proposal submittal. 2. Neither the individuals) /firm, nor any of his /her /its employees shall be permitted to represent any client before the Commission or any Committee, department or agency of the City, and shall agree not to undertake any other private representation which might create a conflict of interest with the City. The individuals) /firm may not represent any Commission member, individually, or, any member of their family or any business in which the Commission member of their family has an interest. 3. All proposals received will be considered public records. The City will consider all quotations using such criteria as the Commission or City Manager may adopt at either of their sole discretion. The individual(s) /firm selected will be required to enter into a formal agreement with the City in a form satisfactory to the City, prior to the execution of which the City shall reserve all rights, including the right to change its selection. 4. Respondent's Attachment #2 "Drug Free Workplace" form shall be completed and provided with the proposal submittal. S. Respondent's Attachment #3 "No Conflict of InterestlNon Collusion Affidavit," shall be completed and provided with the proposal submittal. il 6. Respondent's Attachment 94 "Acknowledgement and Conformance with OSHA Standards," shall be completed and provided with the proposal submittal. 7. Respondent's Attachment #S "Related Party Transaction Verification Form" shall be completed and provided with the proposal submittal. Page 1 of 10 ATTACHMENT #1 PUBLIC ENTITY CRIMES AND CONFLICTS OF INTEREST Pursuant to the provisions of Paragraph (2) (a) of Section 287.133, Florida State Statutes — "A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime 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 a public entity, may not be awarded to perform work as a Contractor, supplier, Subcontractor, or Consultant under a Contract with any public entity, and may not transact business with any public entity in excess of the threshold amount Category Two of Section 287.017, Florida Statutes, for thirty six (36) months from the date of being placed on the convicted vendor list". The award of any contract hereunder is subject to the provisions of Chapter 112, Florida State Statutes. BIDDERS must disclose with their Bids, the name of any officer, director, partner, associate or agent who is also an officer or employee of the City of South Miami or its agencies. SWORN STATEMENT PURSUANT TO SECTION 287.133 (3)(a), FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS. I . This sworn statement is submitted to i l r�Z' [print na e f the public entity] by e"I0 6 C7,-so Z- e Z r `C/e- [Print individual's name and title] for,_,:.. - �' .(�Ca•`P�� � .�`- -• [print name of entity submitting sworn statement] whose business address is J fo zo � W. M. 1 and (if applicable) its Federal Employer Identification Number (FEIN) is Z67� 3,���" (if the entity has no FEIN, include the Social Security Number of the individual signing this sworn statement: -° 2. 1 understand that a "public entity crime" as defined in Paragraph 287.133 (1)(g), Florid Statutes, means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or of the United States, including, but not limited to , any bid or contract for goods or services to be provided to any public entity or an agency or political subdivision of any other state or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. 3, I understand that "convicted" or "conviction" as defined in Paragraph 287.133 (1)(b), Florida Statutes, means a finding of guilt or a conviction of a public entity crime, with or Page 2 of 10 without an adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after July I, 1989, as a result of a jury verdict, non -jury trial, or entry of a plea of guilty or nolo contender. 4. 1 understand that an "affiliate" as defined in Paragraph 287.133 (1)(a), Florida Statutes means. (a) A predecessor or successor of a person convicted of a public entity crime; or (b) An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in any person, or a pooling of equipment or income among persons when not for fair market value under an arm's length agreement, shall be a prima facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. 5, 1 understand that a "person" as defined in Paragraph 287.133 (1)(e), Florida Statutes, means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding contract and which bids or applies to bid on contracts for the provision of goods or services led by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term "person" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in management of an entity. 6. Based on information and belief, the statement which 1 have marked below is true in relation to the entity submitting this sworn statement. [Indicate which statement .] applie 7 Neither the entity submitting this sworn statement, nor any of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, nor any affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July I, 19890 The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 19890 The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent of July I, 1989. However, there has been a subsequent proceeding before a Hearing Officer of the State of Florida, Division of Administrative Hearings and the Final Order entered by the Hearing Officer determined that it was not in the public interest to place the entity submitting this sworn statement on the convicted vendor list. (attach a copy of the final order.] Page 3 of 10 Continuation of Attachment #2 Public Entity Crimes and Conflicts 1 UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY INDENTIFIED IN PARAGRAPH I (ONE) ABOVE IS FOR THAT PUBLIC ENTITY ONLY, AND THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED, I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017, FLORIDA STATUTES. FOR CATEGORY TWO OF�iANYrANGE IN THE INFORMATION CONTAINED IN THIS FORM. t✓ Sworn to and subscribed before me this day of Qr ._ 920 let Personally known or Produced identification (Type of identification) (Printed, Form PUR 7068 (Rev.06/ 1 1 /92) Notary Public — State of My commission expires Page 4 of 10 commissioned name of notary public) PATRICIA A. RIVERA MY COMMISSION #EE73340 EXPIRES; MAR 13, 2015 Bonded through 1st State Insurance ATTACHMENT #2 "DRUG FREE WORKPLACE" Whenever two or more Bids which are equal with respect to price, quality and service are received by the State or by any political subdivisions for the procurement of commodities or contractual services, a Bid received from a business that certifies that it has implemented a drug -free workplace program shall be given preference in the award process. Established procedures for processing tie Bids will be followed if none of the tied vendors have a drug -free workplace program. In order to have a drug -free workplace program, a business shall: I. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition, ' 2. Inform employees about the dangers of drug abuse in the workplace, the business' policy of maintaining a drug -free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are under Bid a copy of the statement specified in Subsection (1). 4. In the statement specified in Subsection (1), notify the employees, that, as a condition of working on the commodities or contractual services that are under Bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contender to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program, if such is available in the employee's community, by any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug -free workplace through implementation of this section. As the person authorized to sign the statement, I above requirements. /I PROPOSER's Signature: Print Name: that this firm complies fully with the Date:.._— l Page 5 of 10 ATTACHMENT #3 "NO CONFLICT OF INTEREST /NON COLLUSION AFFIDAVIT" Submitted this .Lday of, 1; f'-e 0. 20 % 0;,r__, The undersigned, as Bidder /Proposer, declares that the only persons interested in this RFP are named herein; that no other person has any interest in this RFP or in the Contract to which this RFP pertains; that this response is made without connection or arrangement with any other person; and that this response is in every respect fair and made in good faith, without collusion or fraud. The Bidder /Proposer agrees if this response/submission is accepted, to execute an appropriate CITY document for the purpose of establishing a formal contractual relationship between the Bidder /Proposer and the CITY, for the performance of all requirements to which the response/submission pertains. The Bidder /Proposer states that this response is based upon the documents identified by the following number: Bid /RFP The full -names and residences of persons and firms interested in the foregoing bid /proposal, as principals, are as follows: Name Strect Address City State Zip_ I II) Il The Bidder /Proposer further certifies that this response/submission complies with section 4(c) of the Charter of the City of Miami, Florida, that, to the best of its knowledge and belief, no Commissioner, Mayor, or other officer or employee of the CITY has an ' terest directly or indirectly in the profits or emoluments of the Contract, job, work or s9pilce to v cc the response /submission pertains. Signature: Printed Name: 4 "tj yo? v 0 " z zt -- e. ' Title: Telephone:._ Company Name J� d -, Continuation of Attachment #3No Conflict of inter /Non - Collusion Certification Page 6 of 10 NOTARY PUBLIC: STATE OF COUNTY OF de e fn going. nstrument was acknowledged before me 20 t by persoA whose signature is being notarized) who is .�rre t MJ,11A A: RIVERA SEAL �.... " „�� fNYCOh9Ml"v510N Ek 3340 or EltPJRES: MAR 13, 2015 0oadc9 thrauyh tst Stale I�utapGa of (name of Personally known to me, or Personal identification: Type of Identification Produced Did take an oath, or Did Not take an oath. K�4MttliQ % ®4 N (Name of Notary Public: Print, Stamp or type as commissioned.) � •�• � � : ; ,� �• ire � � � .. .� Page 7 of 10 ATTACHMENT #4 "ACKNOWLEDGEMENT AND CONFORMANCE WITH OSHA STANDARDS" TO THE CITY OF SOUTH MIAMI We, gad I�.� , (Name of Contractor), hereby acknowledge and agree that as CantractorVfcV the janitorial Services RFP, as specified have the sole responsibility for compliance with all the requirements of the Federal Occupational Safety and Health Act of 1970, and all State and local safety and health regulations, and agree to indemnify and hold harmless the City of South Miami against any and all liability, claims, damages, losses and expenses they may incur due to the failure of (subcontractor's names): to comply with such act or BY:6 Va V( o Name , dz Title F. AILURE TO COMl`?LETE &RETURN THIS FO# K AY DISQUALIFY YOUR RESPONSE Page 8 of 10 ATTACHMENT #5 "RELATED PARTY TRANSACTION VERIFICATION FORM" -OA) C �✓'/, individually and on behalf of Vaq4d d I'Firm") Nane arRepresentative CompanyNandorlEnthy have read the City of South Miami ( "City")'s Code of Ethics, Section 8A -1 of the City's Code of Ordinances and I hereby certify, under penalty of perjury that to the best of my knowledge, information and belief: (1) neither I nor the Firm have any conflict of interest (as defined in section 8A-I) with regard to the contract or business that 1, and /or the Firm, am(are) about to perform for, or to transact with, the City, and (2) neither I nor any employees, officers, directors of the Firm, nor anyone who has a financial interest greater than 5% in the Firm, has any refative(s), as defined in section 8A -1, who is an employee of the City or who is(are) an appointed or elected official of the City, or who is(are) a member of any public body created by the City Commission, i.e., a board or committee of the City, and (3) neither 1 nor the Firm, nor anyone who has a financial interest greater than 5% in the Firm, nor any member of those persons' immediate family (i.e., spouse, parents, children, brothers and sisters) has transacted or entered into any contract(s) with the City or has a financial interest, direct or indirect, in any business being transacteA with the.city, or with any person or agency acting for the city, other than as follows: 10 / 4 (use a separate sheet to supply additional informatfon that will not fit on this line but make reference to the additional sheet which must be signed under oath). (4) no elected and /or appointed official or employee of the City of Miami, or any of their immediate family members (i.e., spouse, parents, children, brothers and sisters) has a financially interest, directly or indirectly, in the contract between you and/or your Firm and the City other than the foll wing individuals whose interest is set forth following their names: ,J A (use a separate sheet to supply Additional information that will not fit on this line but make reference to the additional sheet which must be signed under oath). The names of all City employees and that of all elected and /or appointed city officials or board members, who own, directly or indirectly, an interest of five percent (5 %) r more of the total assets of capital stock in the firm are as follows: _ :(use a separate sheet to supply additional information that will not fit on this line but make reference to the additional sheet which must be signed under oath). (5) 1 and the Firm further agree not to use or attempt to use any knowledge, property or resource which may come to us through our position of trust, or through our performance of our duties under the terms of the contract with the City, to secure a special privilege, benefit, or exemption for ourselves, or others. We agree that we may not disclose or use information, not available to members of the general public, for our personal gain or benefit or for the personal gain or benefit of any other person or business entity, outside of the normal gain or benefit anticipated through the performance of the contract. (6) 1 and the Firm hereby acknowledge that we have not contracted or transacted any business with the City or any person or agency acting for the City, and that we have not appeared in representation of any third party before any board, c mmission or agency of the City within the past two years other than as follows: ✓0 _(use a separate sheet to supply additional information that will not tit on this line but make reference to the additional sheet which must be signed under oath). Neither I nor any employees, officers, or directors of the Firm, nor any of their immediate family (i.e., as a spouse, son, daughter, parent, brother or sister) is related by blood or marriage to: (i) any member of the City Commission; (ii) any city employee; or (iii) any member of any board or agency of the City other than as follows: _ (use a separate sheet to supply additional information that will not fit on this li�ake reference to the additional sheet which must be signed under oath). (7) No Other Firm, nor any officers or directors of that Other Firm or anyone who has a financial Page 9 of 10 interest greater than 5% in that Other Firm, nor any member of those persons' immediate family (i.e., spouse, parents, children, brothers and sisters) nor any of my immediate family members (hereinafter referred to as "Related Pardes'l has responded to a solicitation by the City in which 1 or the Firm that I represent or anyone who has a financial interest greater than 5% in the Firm, or any member of those persons' immediate family (i.e. spouse, parents, children, brothers and sisters) Rave also responded, other than the following: _ _____,_.(use a separate sheet to supply additional information that v✓ill not fit on this line but make reference to the additional sheet which must be signed under oath). (8) 1 and the Firm agree that we are obligated to supplement this Verification Form and inform the City of any change in circumstances that would change our answers to this document. Specifically, after the opening of any responses to a solicitation, I and the Firm have an obligation to supplement this Verification Form with the name of all Related Parties who have also responded to the same solicitation and to disclose the relationship of those parties to me and the Firm. (9) A violation of the City's Ethics Code, the giving of any false information or the failure to supplement this Verification Form, may subject me or the Firm to Immediate termination of any agreement with the City, and the imposition of the maximum fine and /or any penalties allowed by law. Additionally, violations may be considered by and subject to action by the Miami -Dade County Commission on Ethics. Under penalty of perju I c fare that I have made a diligent effort to investigate the matters to which am attesting hereinabove nd ti statements made hereinabove are true and correct to the best of my knowledge, information d e f Signature: _ /J Print Name &ii e: Date: -/ ATTACHED: Sec. 8A -1 - Conflict of interest and code of ethics ordinance. Page 10 of 10 2% � 0 � t w 0 � «& � 3& e