Res No 061-14-14155RESOLUTION NO.: 61 -1 4 -1 41 55
A Resolution authorizing the City Manager to enter into a contract with
McCourt Construction Inc. to resurface two outdoor basketball courts at
Murray Park.
WHEREAS, City representatives from Parks and Recreation Department conducted an
assessment at Murray Park and found that two (2) outdoor basketball courts need to be resurfaced; and,
WHEREAS, the City submitted an invitation to quote, ITQ #2014-02, on March 25, 2014 to
resurface two (2) outdoor basketball courts at Murray Park; and,
WHEREAS, McCourt Construction submitted a proposal estimated at $11,000.00 to complete
the project which was the lowest quote received; and,
WHEREAS, the outdoor courts are in dire need of resurfacing; cracks have formed and the
basketball court lines have faded over the years; and,
WHEREAS, a capital improvement upgrade of the basketball courts will improve the
appearance and safety at Murray Park.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA THAT:
Section I. The City Manager is authorized enter into a contract with McCourt Construction
Inc. to resurface two outdoor basketball courts at Murray Park for an amount not to exceed
$1 1,000.00. A copy of the contract is attached. Funding for this project will come from Parks and
Recreation Capital Improvement account 301-2000-572-6450 with a current balance of $249,655.00.
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, the holding shall not affect
the validity of the remaining portions of this resolution.
Section 3. Effective Date. This resolution shall become effective immediately upon adoption
by vote of the City Commission.
PASSED AND ADOPTED this 15thday of April ,2014.
COMMISSION VOTE: 5 -0
Mayor Stoddard: Yea
Vice Mayor Harris: Yea
Commissioner Edmond: Yea
Commissioner Liebman: Yea
Commissioner Welsh: Yea
To:
Via:
From:
DATE:
SUBJECT:
BACKGROUND:
VENDORS &
BID AMOUNT:
EXPENSE:
FUND&
ACCOUNT:
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER-OFFICE MEMORANDUM
The Honorable Mayor & Members of the City Commission
Steven Alexander, City Manager
Quentin Pough, Acting Director
Parks and Recreationpepartment
South Miami
hO:d
;'nTP
2001
April 15,2014 Agenda Item No.: __ _
A Resolution authorizing the City Manager to enter into a contract with
McCourt Construction Inc. to resurface two outdoor basketball courts at
Murray Park.
Parks and Recreation staff conducted an assessment at Murray Park and
concluded that two (2) outdoor basketball courts need to be resurfaced.
A capital improvement upgrade of the basketball courts will improve the
appearance and safety at Murray Park.
The City issued an Invitation to Quote (ITQ) #2014-02 on March 25,
2014 for the aforementioned project. McCourt Construction submitted a
proposal estimated at $1 1,000.00 to complete the project, which was the
lowest quote received.
Please find below a breakdown of all submitted proposals.
VENDORS BID AMOUNT
MCCOURT CONSTRUCTION INC. $11,000.00
Amount not to exceed $1 1,000.00.
The expenditure shall be charged to the Parks and Recreation
Improvement Fund account number 301-2000-572-6450, which has a
balance of $249,655.00 before this request was made.
ATTACHMENTS: Resolution for approval.
Bid Opening Report ITQ
McCourt Construction Proposal
Pre Bid Sign-in Sheet
Sun Biz McCourt Construction
BID OPENING REPORT
Bids were opened on: Tl_lCsday. April 01, 2014 ilfter: 10:00al11
For: ITO # 2014-02 -Resurface Two (2) Outdoor Basketball Courts at Murray Park
COMPANIESTHATSUBMITTEDPROPOS~~S:, __________________ ~AM~~O~U~N~T~:
1. McCOURT CONSTRUCTION
I--------------------,--,--,----' .. -, ...... -,----------i
1----------------""'-''''---,,-------------------,---
THE ABOVE BIDS HAVE NOT BEEN CHECKED.
THE BIDS ARE SUBJECT TO CORRECTION AFTER THE BIDS HAVE BEEN COMPLETELY REVIEWED.
e.
CITY OF SOUTH MIAMI
INVITATION TO QUOTE
ITQ 112014-02
LUMP SUM PROPOSAL 1I.IUI
SUBM ITTED TO: City Clerk PROJECT:
Resurface 2 Outdoor Basketball Courts at
Murray Park
NAME: Maria Menendez, CMC ADDRESS: 5800 SW 66 Street
ADDRESS: 6130 Sunset Drive CITY/STATE: South Mlaml~ fl33143
CITY/STATE: Miami, Florida 33134 ISSUE DATE: 'fuesday, March 18; 2014
PHONE: 305-663-6339 E-MAIL: skulickqDsouthmiamifl.gov.
MANDATORY PRE-QUOTE MEETING: Tuesday, March 25, 2014 at 10 AM DUE DATE: Tuesday, April 1, 2014 at 10 AM
QUOTE SUBMISSION REQUIREMENTS:
Quotes submitted after 11:00 AM 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 sealed envelope. The label on the on the
envelope needs to read as follows:
City of South Miami
Maria M. Menendez, CMC
6130 Sunset Drive
South Miami, Fl. 33143
Project Name: Resurface 2 Outdoor Basketball Courts at Murry Park
Must input project name. If label does not have all information above your quote will not be accepted.
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 naming the city as additional insured.
AFFIDAVITS REQUIRED WITH SUBMITTAl: (Exhibit 2j
Respondents must complete and submit with your quote affidavits provided in Exhibit 2.
QUESTIONS:
Any Requests for additional information or questions must be in writing, em ailed by 10 AM focal time on March 27, 2014 to the
attention of Mr_ Steven Kulick, Purchasing Manager at skulick@southmlamifl.gov.
SCOPE OF WORK DESCRIPTION /To BE COMPLETED BY CITY):
The City of South Miami is seeking quotations from experienced and capable parties 10 resurface two (2) full basketball courts. Quote must
include court preparation: pressure clean, cut out all dilmaged areas, deroot, and or mpair, rei)lote with fresh asphalt. Contractor
Wililloo.d court, patch cracks as necessary, check for low spots, patch puddle spot areas greater than 1/8" deep, or depth of a nickel.
Contractor will resurface existing court area, approximately 95' x 130', and rest ripe all playing lines to meet specifications.
Contractor will furnish and apply 2 coats Acrylic Resurfacer, 2 coats of Laykold I California Products or similar products. Stripe to regu_l_a-"ti-"o:.;.n ___ _
and two-tone surface, inbound and apron, with full individual color through each color coat. Court colors to be selected by City. .
Bids will only be accepted that Include quotations during regularworking hours.
DESCRIPTION OF WORK TO BE PERFORMED BY CONTRACTOR:
Item Number Item Description Unit I Qty Amount
.'1-------1
(1) Ourlng ROlllll"r liVorking HOllrs, 1 AM to 5 PM, Moridav • frid"y ...
Contractor shall furnish all materials and equi!)l))elll necessary to secure compleiion of the work. Contractor shaH be
compensated according to the quote submitted. Contractor is responsible to secure all permits and should .. be reflected'
in the Lump Sum quote. Contractor may choose to submit a qUote on company letterhead but must be attached with this form
Mandatory Pre-Quote Meeting is scheduled March 25, 2014 at 10 AM at Murrav Park Community Center, 5800 SW 66 Street,
South Miami, Fl33143. Deadline to submit is: Tuesday, April 1, Z014 at 10 AM.
PrintIType Name:
Signature:
E-mail:
Firm Name:
Address:
Phone:
Date:
Fax:
~·~c~ )""" Z .. ,.;'~" ... <. ... ;}Z.-~ • .?
···5 /L<.,-/' / Y
H.I.N. No.: L('L-Z;,J 0-ILJ Ole.-I T7]l.---
City: .,/V'I /w ..... , State: ~~_" ___ _
THE EXECUTION OF THIS FORM CONSTITUTES THE UNEQUIVOCAL OFFER OF PROPOSER TO BE BOUND BY THETERMS Of ITS PROPOSAL. fAILURE TO SIGN THISSOllClTATION WHERE INOICATED ABOVE BV AN
AUTHORIZED REPRESENTATIVE SHAll RENDER THE PROPOSAL NON·RESPUNSIVE. THE CITY MAV. HOWEVER, IN ITS SOLE DISCRFTlON, ACCEPT ANV PROPOSAL THAT INClUDES AN EXECUTED DOCUMENT WHI(fi
UNEQUIVOCALLY BINDS THE PROPOSER TO TIlE TERMS OF ITS OFFER. Tm CITY'S REQUEST FOR QUOTES IS FOR THE lOWEST AND MOST RESPONSIVE PRiCE. THE CiTY RESERVES THE RIGHT TO AWARD ntE PROJECT TO
THE FIRM CONSIOERED THE BEST TO SERVE THE CIWS INTEREST.
CONTRACT
THIS CONTRACT was made and entered into on this "2 3 day of ~ ~, \ ,
20A, by and between McCourt Construction hereafter referred to as "Contractor", and the City of South
Miami, hereafter referred to as "Owner", through its City Manager, hereafter referred to as "City".
WITNESETH:
That, the Contractor, for the consideration hereinafter fully set out, hereby agrees with the Owner as follows:
I. The Contractor shall provide the Scope of Services (a copy of which has been marked as Exhibit A
attached hereto and made a part hereof by reference) (hereinafter referred to as the Work or Scope of
Services) as set forth in the solicitation (the first page of the solicitation has been marked as Exhibit B
attached hereto and made a part hereof by reference).
2. The Contractor shall furnish all labor, materials, equipment, machinery, tools, apparatus, transportation
and any other items necessary to perform all of the work shown on and described in the Contract
Documents and shall do everything required by this Contract and the other Contract Documents.
3. The Contract Documents shall include this Contract, General Conditions to the Contract, if any, the
drawings, plans, specifications, project manual, if any, any supplementary or special conditions, other
documents referring to .this contract and signed by the parties, the solicitation documents ("hereinafter
referred to as "Bid Documents") and any documents to which these documents refer which are used by
the Owner as well as any attachments or exhibits that are made a part of any of the documents described
herein.
4. The Contractor shall commence the Work to be performed under this Contract on a date to be specified
in a Notice to Proceed which may be an email from the City Manager to Contractor, and shall complete
all Work hereunder within the length of time set forth in the Contract Documents.
5. The Owner hereby agrees to pay to the Contractor for the faithful performance of this Contract as set
forth in the price sheet that has been marked as Exhibit C attached hereto and made a part hereof by
reference, subject to additions and deductions as may be provided for in the Contract Documents and
any properly approved written change orders. The expenses of performing the Work after regular
working hours, and on Sunday and legal holidays shall be included in the above price. The Contractor
agrees to work during such hours and on such days as may be required by the City. However, nothing
contained herein shall authorize work on days and during hours that are otherwise prohibited by
ordinance unless specifically authorized in writing by the City.
6. If the Work is for the construction of a structure or a facility, the Owner shall make monthly partial
payments to the Contractor on the basis of a duly certified and approved schedule of values for the Work
performed during each calendar month by the Contractor, less the retainage (all as provided for in the
Contract Documents), which is to be withheld by the Owner until completion and acceptance of the
complete project in accordance with this Contract and the other Contract Documents and until such
Work has been accepted by the City. .
7. Upon submission by the Contractor of evidence satisfactory to the Owner that all labor, material, and
other costs incurred by the Contractor in connection with the Work have been paid in full, and after
compliance with the terms for payment provided for in the Contract Documents, final payment on
account of this Contract shall be made within sixty (60) calendar days after the completion by the
Contractor of all Work covered by this Contract and the acceptance of such Work by the Owner.
8. In the event that the Contractor shall fail to complete the Work within the time limit stipulated in the
Contract Documents, or,the extended time limit agreed upon, in accordance with the procedure as more
particularly set forth in the Contract Documents, liquidated damages shall be paid at the rate of $_
dollars per day, plus any monies paid by the City due to such delay.
TP 3/3/14
If a Bond is required by the bid solicitation, it is further mutually agreed between the parties hereto that
if, at any time after the execution of this Contract and the Payment and Performance Bond for its faithful
performance and payment, the Owner shall deem the Surety or Sureties upon such bond(s) to be
unsatisfactory, or if, for any reason such bond ceases to be adequate to cover the performance of the
Work or payment to subcontractors and suppliers, the Contractor shall, at its expense within five (5)
business days after the receipt of notice from the Owner so to do, furnish an additional bond or bonds in
such form and amount and with such Surety or Sureties as shall be satisfactory to the Owner. In such
event. no further payment to the Contractor shal/ be deemed to be due under this Contract until such
new or additional security for the faithful performance of the Work is furnished in the manner and in the
form satisfactory to the Owner.
9. No additional Work or extras shal/ be done unless the same is duly authorized in advance of the work by
appropriate action by the Owner and in accordance with the Contract Documents.
IN WITNESS WHEREOF. the parties hereto have executed this Contract on the day and date first above written.
in five (5) counterparts. each of which shal/. without proof or accounting for the other counterpart be deemed an
original Contract.
WITNESSES:
(print name of Witness)
AUTHENTICATION: OWNER: CI
TP3/3/14
1.1
A.
Exhibit I
INSURANCE AND INDEMNIFICATION
Insurance -
Without limiting its liability, the vendor, contractor, consultant or consulting firm
(hereinafter referred to as "FIRM" with regard to Insurance and Indemnification
requirements) 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 FIRM, from claims which may arise out of or result from
the contract or the performance of the contract with the City of South Miami,
whether such claim is against the FIRM or any sub-contractor, or by anyone directly
or indirectly employed by any of them or by anyone for whose acts any of them may
be liable.
B. No insurance required by the CITY shall be issued or written by a surplus lines
carrier unless authorized in writing by the CITY and such authorization shall be at
the CITY's sole and absolute discretion. The FIRM shall purchase insurance from
and shall maintain the insurance with a company or companies lawfully authorized to
sell insurance in the State of Florida, on forms approved by the State of Florida. as
will protect the FIRM. at a minimum. from all claims as set forth below which may
arise out of or result from the FIRM's operations under the Contract and for which
the FIRM may be legally liable, whether such operations be by the FIRM or by a
Subcontractor or by anyone directly or indirectly employed by any of them, or by
anyone for whose acts any of them may be liable: (a) claims under workers'
compensation, disability benefit and other similar employee benefit acts which are
applicable to the Work to be performed; (b) claims for damages because of bodily
injury, occupational sickness or disease, or death of the FIRM's employees; (c)
claims for damages because of bodily injury, sickness or disease, or death of any
person other than the FIRM's employees; (d) claims for damages insured by usual
personal injury liability coverage; (e) claims for damages. other than to the Work
itself, because of injury to or destruction of tangible property, including loss of use
reSUlting there from; (f) claims for damages because of bodily injury, death of a
person or property damage arising out of ownership, maintenance or use of a motor
vehicle; (g) claims for bodily injury or property damage arising out of completed
operations; and (h) claims involving contractualliability,insurance applicable to the
FIRM's obligations under the Contract.
2.1 Firm's Insurance Generally
The FIRM shall provide and maintain in force and effect until all the Work to be
performed under this Contract has been completed and accepted by CITY (or for such
duration as is otherwise specified hereinafter), the insurance coverage written on
Florida approved forms and as set forth below:
Rev: 10/29/13
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
Rev: 10/29/13
limit of liability providing for all sums which the FIRM shall become legally
obligated to pay as damages for claims arising out of the services or work
performed by the FIRM its agents, representatives, Sub-Contractors or
assigns, or by any person employed or retained by him in connection with
this Contact. This insurance shall be maintained for four years after
completion of the construction and acceptance of any Project covered by
this Contact. However, the FIRM may purchase Specific Project
Professional Liability Insurance, in the amount and under the terms
specified above, which is also acceptable.
B. Workers' Compensation Insurance at the statutory amount as to all
employees in compliance with the "Workers' Compensation Law" of the
State of Florida including Chapter 440, Florida Statutes, as presently
written or hereafter amended, and all applicable federal laws.
C. Commercial Comprehensive General Liability insurance with broad form
endorsement, as well as 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: $5,000 per person;
• Property Damage: $500,000 each ·occurrence;
• Automobile Liability: $1,000,000 each accidentloccurrence.
• Umbrella: $1,000,000 per claim
D. ,Wmbrella Comprehensive General Liabilitx insurance shall be written on a
Florida approved form with the same coverage as the primary insurance
policy but in the amount of $1,000,000 per claim and $2,000,000 Annual
Aggregate. Coverage must be afforded on a form no more restrictive than
the latest edition of the Comprehensive General Liability policy, without
restrictive endorsements, as filed by the Insurance Services Office, and
must include:
( I) Premises and Operation
(2) Independent Contractors
(3) Products and/or Completed Operations Hazard
(4) Explosion, Collapse and Underground Hazard Coverage
(5) Broad Form Property Damage
(6) Broad Form Contractual Coverage applicable to this specific
Contract, including any hold harmless andlor indemnification
·agreement.
(7) Personal Injury Coverage with Employee and Contractual
Exclusions removed, with minimum limits of coverage equal to
those required for Bodily Injury liability and Property Damage
Liability.
E. Business Automobile Liability with minimum limits of One Million Dollars
($1,000,000.00) plus an additional Two Million Dollar ($2,000,000.00)
umbrella per occurrence combined single limit for Bodily Injury Liability
and Property Damage Liability. Umbrella coverage must be afforded on a
form no more restrictive than the latest edition of the Business
Automobile Liability policy, without restrictive endorsements, as filed by
with the state of Florida, and must include:
(I) Owned Vehicles.
(2)
(3)
Hired and Non-Owned Vehicles
Employers' Non-Ownership
3.1 SUBCONTRACTS:
The FIRM agrees that if any part of the Work under the Contract is sublet, the
subcontract shall contain the same insurance provision as set forth in section 5.1 above
and 5.4 below and substituting the word SUBCONTRACTOR for the word FIRM and
substituting the word FIRM for CITY where applicable.
4.1 Fire and Extended Coverage Insurance (Builders' Risk), IF APPLICABLE:
A. In the event that this contract involves the construction of a structure by the FIRM,
the FIRM shall maintain. with an Insurance Company or Insurance Companies
acceptable to the CITY, "Broad" form/All Risk Property Insurance on buildings and
structures, while in the course of construction. including foundations. additions,
attachments and all permanent fixtures belonging to and constituting a part of said
buildings or structures. The policy or policies shall also cover machinery, if the cost
of machinery is included in the Contract, or if the machinery is located in a building
that is being renovated by reason of this contract. The amount of insurance must,
at all times, be at least equal to the replacement value of the insured property. The
policy shall be in the name of the CITY and the FIRM, as their interest may appear,
and shall also cover the interests of all Subcontractors performing Work.
B. All of the provisions set forth in Section 5.4 herein below shall apply to this
coverage unless it would be clearly not applicable.
5.1 Miscellaneous:
A. If any notice of cancellation of insurance or change in coverage is issued by the
insurance company or should any insurance have an expiration date that will occur
during the period of this contract, the FIRM shall be responsible for securing other
acceptable insurance prior to <such cancellation, change, or expiration so as to
provide continuous coverage as' specified in this section and so as to maintain
coverage during the life of this Contract. The CITY shall have the option, but not
the duty, to pay any unpaid premium and the right to terminate or cancel the policy
thereafter without notice to FIRM or liability on the part of the CITY to the FIRM
for such cancellation.
B. All deductibles must be declared by the FIRM and must be approved by the CITY. At
the option of the CITY, either the FIRM shall eliminate or reduce such deductible or
the FIRM shall procure a Bond, in a form satisfactory to the CITY covering the same.
Rev: 10/29/13
C. The policies shall contain waiver of subrogation against CITY where applicable, shall
expressly provide that such policy or policies are primary over any other collectible
insurance that CITY may have. The CITY I-eserves 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.
D. Before starting the Work, the FIRM shall deliver to the CITY and FIRM certificates
of such insurance, acceptable to the CITY, as well as the insurance binder, if one is
issued, the insurance policy, including the declaration page and all applicable
endorsements and provide the name, address and telephone number of the
insurance agent or broker through whom the policy was obtained. The insurer shall
be rated AVII or better per A.M. Best's Key Rating Guide, latest edition and
authorized to issue insurance in the State of Florida. All insurance policies must be
written on forms approved by the St;ate of Florida and they must remain in full
force and effect for the duration of the contract period with the CITY. The FIRM
must provide a "certified copy" of the Policy (as defined in Article I of this
document) which shall include the declaration page and all required endorsements.
In addition, the FIRM shall deliver, at the time of delivery of the insurance
certificate, the following endorsements:
( I) an endorsement to the policy stating:
"The City of South Miami is an additional named insured with the right but
not the obligation to pay any unpaid premium and providing that the city
does not have any duty or obligation to provide first notice of claim for any
liability it incurs and that arises out of the acts, omissions or operations of
the named insured. The insurer will pay all sums that the City of South
Miami becomes legally obligated to pay as damages because of 'bodily
injury", 'property damage' • or "personal and advertising injury" and it will
provide to the City all of the coverage that is typically provided under the
standard Florida approved forms for commercial general liability coverage
A and coverage B";
(2) an endorsement that states:
"This policy shall not be cancelled (including cancellation for non-payment of
premium), terminated or materially modified without first giving the City of
South Miami 20 days advanced written notice of the intent to materially
modify the policy or to cancel or terminate the policy for any reason. The
notification shall be delivered to the City by certified mail, with proof of
delivery to the City."
6. i indemnification
A. The FIRM accepts and voluntarily incurs all risks of any injuries, damages, or harm
which might arise during the work or event that is occurring on the CITY's property
due to the negligence or other fault of the FIRM or;anyone acting through or on
behalf of the FIRM.
Rev: 10/29/13
B. The FIRM agrees to indemnify, defend, save and hold CITY, its officers, affiliates,
employees, successors and assigns, harmless from any and all damages, claims,
liability, losses, claims, demands, suits, fines, judgments or cost and expenses,
including reasonable attorney's fees incidental there to, which may be suffered by, or
accrued against, charged to or recoverable from the City of South Miami, its officers,
affiliates, employees, successors and assigns, by reason of any causes of actions or
claim of any kind or nature, including claims for injury to, or death of any person or
persons and for the loss or damage to any property arising out of a negligent error,
omission, misconduct, or any gross negligence, intentional act or harmful conduct of
the FIRM, its contractor/subcontractor or any of their officers, directors, agents,
representatives, employees, or assigns, or anyone acting through or on behalf of any
of them. which arises out of or is concerning the use of CITY property or the
service, operation or performance of any work that is being performed for the CITY
or of any event that is occurring on the CITY's property.
C. The FIRM shall pay all losses and expenses of any kind or nature whatsoever, in
connection therewith, including the expense or loss of the CITY and/or its affected
officers, affiliates. employees, successors and assigns, including their attorney's fees,
in the defense of any action in law or eqUity brought against them.
D. The FIRM agrees and recognizes that neither the CITY nor its officers, affiliates,
employees, successors and assigns shall 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 FIRM, its contractor/subcontractor or any of
their agents, representatives, employees, or assigns, or anyone acting through or on
behalf of the them, and arising out of or concerning the work or event that is
occurring on the CITY's property. In reviewing, approving or rejecting any
submissions or acts of the FIRM, CITY in no way assumes or shares responsibility or
liability for the acts or omissions of the FIRM, its contractor/subcontractor or any of
their agents, representatives, employees, or assigns, or anyone acting through or on·
behalf of them.
E. The FIRM has the duty to provide a defense with an attorney or law firm approved
by the City of South Miami, which approval will not be unreasonably withheld.
Rev: 10/29/13
EXHIBIT 2
AFFIDAVITS AND FORMS
SUBMISSION REQUIREMENTS
I. Respondent's Sworn Statement Under Section 2B7.133(3)(A), Florida Statutes, on
Attachment #1 upublic Entity Crimes and Conflicts of Interest Affidavit,"
shall be completed and provided with the proposal submittal.
2. Neither the indjvjdual(s)/firm. nor any of his/herlits employees shall be permitted
to rep'resent 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
individual(s)/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)lfirm selected will be required to
enter into a formal agreement with the City iti 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 UDrug Free Workplace" form shall be
completed and provided with the proposal submittal.
5. Respondent's Attachment #3 "No Conflict of Interest/Non Collusion
Affidavit," shall be completed and provided with the proposal submittal.
6. Respondent's Attachment #4 uAcknowledgement and Conformance with
OSHA Standards," shalf 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 10[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 perlorm 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 ;s subject to the provisions of Chapter I 12, 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 C(.:f...", (>~ 50<,/71 /liYJr1;/ '
:>
[print name of the public entity]
by~ gtt:·-Ln Q, ,£0:7::L..._. ~, ____ ~ _______ _
[print individual's name and title]
for ------.---------------------[print name of entity submitting sworn statement]
whose business address is L6/.;:::;;= ~~ //7 &"'< . .if;2.£'
,M1-qr>-J.1 n JJI77
and <if applicable) its Federal Employer Identification Number (FEIN) is "29.p...O//O 19-/-2
(If the entity has no FEIN, include the Social Security Number of the individual signing this
sworn statement:
2. I understand that a "public entity crime" as defined in Paragraph 287.133 (I }(g), Florida
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 (I)(b).
Florida Statutes, means a finding of guilt or a conviction of a public entity crime, with or
Page 2 oflO
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. I understand that an "affiliate" as defined in Paragraph 287.133 (I )(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. I understand that a "person" as defined in Paragraph 287.133 (I)(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. ~nd agents who are active in management of an entity.
6. Based on information and belief. the statement which I have marked below is true in
relation to the entity submitting this sworn statement. [Indicate which statement
applies.]
___ 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, 1989.
___ 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 I, 1989.
___ 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 oflO
Continuation of Attachment #2 Public E.ntity Crimes and Con~icts
I 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 ENTliY 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 ANY CHANGE IN THE
INFORMATION CONTAINED IN THIS FORM,
Sworn to and subscribed before me this " __ ~_ day of ~C2~ Ie>/" __ ,. _____ 1 20 t,fr
"l~ Personally known or
Produced identification
(Type of identification)
~ .. \\~~t~~:;l4' .. ", RICHARD ROTH
l!'~ "",,'", ;''c\ Notary Public -State of Florida ~.: \. 'E My Comm Expires Oct 19, 2012
Notary Put) i~{,~,)~<ofcommiSSlOn # DO 832279
".,'0";,;,,, 810:wrT/it0ll!Ti1ltrr!Ul"WNptll'y-Amr -",.,,.-,-
~
My commission expires ____________ . ______ .,_. ___ .
(Printed, typed or stamped commissioned name of notary public)
Form PUR 7068 (Rev.06/1 1/92)
Page 4 of10
ATTACHMENT #2 "DRUG FREE WORKPLAce"
Whenever two or more Bids which are equal with respect to price, quality and service are
received by the Scate 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 (I).
4. In the statement specified in Subsection (I), 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.
S. 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 certify that this firm complies fully with the
above requirements.
PR~~~;t~~~~~_
Print Name: ,!!:!!< .. ~{txu:~_t:t}L?:.iL __ . ______ ..
Date: ? ". z. --/y
PageS oflO
ATTACHMENT #3 "No CONFLICT OF INTEREST/NON COLLUSION AFFIDAVIT"
Submitted this ~day of I?z.ac~
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:
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 interest directly or indirectly in the profits or
emoluments of the Contract. job. work or service to which the response/submission pertains.
s;g"atu'"'".&'~~ ___ _
Printed Name:£c-L~)f4 ... ~,g<~fl.,_",_. ______ .... _,_ .. __ ~_ .. ,
Title: J /' £:7 _. ___ "--.L-.L ______ "' __ ,_,, __ .,_ .. __ ,~_~
Company Name
Continuation of Attachment #3No Conflict of inter/Non-Collusion Certification
Page 6 oflO
NOTARY PUBLIC:
STATE OF
The foregoing instrumeht was acknowledged before me this ,_~ day of
.rrh,',c-~t, .20/;> byi):1(,,-',f, !,t'?Lf!/h, . ....-c.r _. _____ (nameof
person whose signature is being notarized) who is '
SEAL
Page 7 oflO
~ Personally known to me, or
Personal identification;
Type of Identification Produced
Did take an oath. or
""£ Did Not take an oath.
ATTACHMENT #4 "ACKNOWLEDGEMENT AND CONFORMANCE WITH OSHA
STANDARDS"
TO THE CITY OF SOUTH MIAMI
We. ./1(' (rr\ "tr: ((.(V,-!r..,.c//;.w .. ; . (Name of Contractor). hereby acknowledge and agree that
as Contractors for this Solicitation. 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 regulation.
CONTRACTOR
FAILUB.E.TP CQJ:JfLETE, .. SlG.NL&: RETURN THIS FORM MAY DISQUALIFY YQ1JR RESPONSE
Page 80[10
ATTACHMENT#5 "RELATED PARTY TRANSACTION VERIFICATION FORM"
,_'&' c. I. pI'\:) (~,QI'\\ , individually and on behalf of /l-}<, (~'C''L,,,j LDf'~'/r:..HL ____ ,.
("Firm")have Name of Representative CompanylVendoriEntity read the City of South Miami C'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:
(I) neither I nor the Firm have any conflict of interest (as defined in section 8A-I) with regard to the contract or
business that I, 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 relative(s), as defined in section 8A-I, 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[See Note # I below], and
(3) neither I nor the Firm, nor anyone who has a financial interest greater than 5% in the Firm, nor any member of
those persons' immediate family (Le., 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 transacted
with the city, or with any person or agency acting for the city, other than as follows:
necessary use a separate sheet to supply additional information that will not fit on this line but make reference on
the line above to the separate sheet, i.e., "see attached additional information" and make reference to this
document and this paragraph on to the additional sheet which additional sheet must be signed under oath). [See
Note #1 below]; and
(4) no elected and/or appointed official or employee of the City of South Miami, or any of their immediate family
members (i.e .• spouse, parents, children, brothers and sisters) has a financial interest, directly or indirectly, in the
contract between you and/or your Firm and the City other than the follOWing individuals whose interest is set
forth follOWing their use a separate names:
_--:-____ --:-__ (if necessary use a separate
sheet to supply additional information that will not fit on this line but make reference on the line above to the
separate sheet, Le., "see attached additional information" and make reference to this document and this paragraph
on to the additional sheet which additional sheet 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%) or more of the total assets of capital stock in the firm are as follows:
____ ,_ _ _____ (if
necessary use a separate sheet to supply additional information that will not fit on this line but make reference on
the line above to the separate sheet, i.e., "see attached additional information" and make reference to this
document and this paragraph on to the additional sheet which additional sheet must be signed under oath). [See
Note #1 below]
(5) I 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 genera! pUblic, for our persona! gain or
Note # I: While the ethics code still applies, if the person executing this form is doing so on behalf of a firm with more than
15 employees, the statement in this section shall be based solely on the signatot')"s personal knowledge and helshe is not
required to make an independent investigation as to the relationship of employees; if the firm is a publicly traded company,
the statement in this section shall be based 501"ly on the signatot')"s personal knowledge and he/she is not required to make
an independent investigation as to the relationship of employees or of those who have a financial interest in the Firm or of
the financial interest in the Firm of city employees, appointed officials or the immediate family members of elected and/or
appointed official or employee or as to the relationship by blood or marriage of employees, officers, or directors of the Firm,
or of any of their immediate family to any appointed or elected officials of the City, or to their immediate family members.
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) I 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, commission or agency of the City within the past two years other than as follows:
_________ (if necessary use a separate sheet to supply
additional informatfon that wfil not fit on this line but make reference on the line above to the separate sheet, i.e.,
"see attached additional information" and make reference to this document and this paragraph on to the additional
sheet which additional sheet must be signed under oath).
(7) Neither I nor any employees, officers, or directors of the Firm, nor any of their immediate famify (Le., 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:
________________________ (if necessary use a separate sheet to supply additional
information that will not fit on this line but make reference on the line above to the separate sheet, Le., "see
attached additional information" and make reference to this document and this paragraph on to the additional
sheet which additional sheet must be signed under oath). [See Note #1 below]; and.
(8) No Other Firm, nor any officers or directors of that Other Firm or anyone who has a financial 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 Parties") has
responded to a solicitation by the City in which I 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 (Le. spouse, parents,
children, brothers and sisters) have also responded, other than the following:
--_ ....... _------------_.
_______________________ (if necessary use a separate sheet to supply additional
information that will not fit on this line but make reference on the line above to the separate sheet, i.e., "see
attached additional information" and make reference to this document and this paragraph on to the additional
sheet which additional sheet must be signed under oath). [while the ethics code still applies, if the person executing
this form is doing so on behalf of a firm whose stock is publicly traded, the statement in this section (8) shall be
based solely on the signatory's personal knowledge and he/she is not required to make an independent
investigation into the Other Firm, or the Firm he/she represents, as to their officers, directors or anyone having a
financial interest in those Firms or any of their any member of those persons' immediate family.]
(9) I 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 ansvyers 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.
(10) 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 perjury, I declare that I
---_ ... __ .. _-_._--_ .... __ ._ ... _._---_." ... __ ...•.. _---------" ._---------
Note # I: While the ethics code still applies, if the person executing this form is doing so on behalf of a firm with more than
15 employees, the statement in this section shall be based sol.,ly on the signatory's personal knowledge and he/she is not
required to make an independent investigation as to the relationship of employees; if the firm is a publicly traded company,
the statement in this section shaH be based solfi>ly on the sigriatory's personal knowledge a.nd helshe is not required to malte
an independent investigation as to the relationship or employees or of those who have a financial interest in the Firm or of
the financial interest in the Firm of city employees, appointed officials or the immcdiate familYmcmbers of elected andlor
appointed official oj' employee (JI' as to the relationship by blood 01' marriage of employees, officers, or dlt'ectol'S of the Firm,
or of any o( the;" immediate (,tinily to any appointed or elected officials of the City, or to their immediate family members.
have made a diligent effort to Investipc the matters to which I am attesting hereinabove and that the statements
made hereillabov,C}..slfe t.ru ,.ndc7Ivect to the best of my knowledge, information and belief. /// ~::< Signatur~~-/ .,......--___ _
L/
Print Name & Title: £: (>4l3f'l h'l:' If L/';O
7
Date:
ATTACHED:
Sec. 8A-1 -Conflict of interest and code of ethics ordinance.
Municode Page IOf4
Sec. 8A-r . -Conflict of interest and code of ethics ordinance.
(a) Designation.
This section shall be designated and known as the "City of South Miami Conflict of Interest and Code of Ethics
Ordinance." This section shall be applicable to all city personnel as defined below, and shall also constitute a
standard of ethical conduct and behavior for all autonomous personnel, quasi-judicial personnel, advisory
personnel and departmental personnel. The provisions of this section shall be applied in a cumulative manner. By
way of example, and not as a limitation, subsections (c) and (d) may be applied to the same contract or transaction.
(b) Definitions. For the purposes of this section the following definitions shall be effective:
(I) The term "commission members" shall refer to the mayor and the members of the city commission.
(2) The term "autonomous personnel" shall refer to the members of autonomous authorities, boards and agencies,
such as the city community redevelopment agency and the health facilities authority.
(3) The term "quasi-judicial personnel" shall refer to the members of the planning board, the environmental review
and preservation board, the code enforcement board and such other individuals, boards and agencies of the city as
perform quasi-judicial functions.
(4) The term "advisory personnel" shall refer to the members of those city advisory boards and agencies whose
sole or primary responsibility is to recommend legislation or give advice to the city commission.
(5) The term "departmental personnel" shall refer to the city clerk, the city manager, department heads, the city
attorney, and all assistants to the city clerk, city manager and city attorney. however titled.
(6) The term "employees" shall refer to ali other personnel employed by the city.
(7) The term "compensation" shall refer to any money, gift, favor, thing of value or financial benefit conferred, or
to be conferred, in return for services rendered or to be rendered.
(8) The term "controlling financial interest" shall refer to ownership, directly or indirectly, of ten percent or more
of the outstanding capital stock in any corporation or a direct or indirect interest of ten percent or more in a firm,
partnership. or other business entity at the time of transacting business with the city.
(9) The term "immediate family" shall refer to the spouse, parents, children. brothers and sisters of the person
involved.
(10) The term "transact any business" shall refer to the purchase or sale by the city of specific goods or services
for consideration and to submitting a bid, a proposal in response to a RFP, a statement of qualifications in response
to a request by the city, or entering into contract negotiations for the provision on any goods or services,
whichever first occurs.
(c) Prohibition on transacting business with the city.
Note # I: While the .ethics code stili applies, if the person executing this form is doing so on behalf of a firm with more than
15 employees, the statement in this section shall be based solely on the signatory's pel'Sonal knowledge and he/she is not
required to make an independent investigation as to the relationship of employees; if the firm is a publicly traded company,
the statement in this section shall be based solely on the signatory's personal knowledge and he/she is not required to make
an independent investigation as to the relationship of employees or of those who have a financial interest in the Firm or of
the financial interest in the Firm of city employees, appointed officials or the immediate family members of elected andlor
appointed official or employee or as to the relationship by blood or marriage of employees, officers, or directors of the Firm,
or of any of their immediate family to any appointed or elected officials of the City, or to their immediate family members.
No person included in the terms defined in paragraphs (b)( I) through (6) and in paragraph (b)(9) shall enter into
any contract or transact any business in which that person or a member of the immediate family has a financial
interest, direct or indirect with the city or any person or agency acting for the city, and any such contract,
agreement or business engagement entered in violation of this subsection shall render the transaction voidable,
Willful violation of this subsection shall constitute malfeasance in office and shall affect forfeiture of office or
position, Nothing in this subsection shall prohibit or make illegal:
( I) The payment of taxes. special assessments or fees for services provided by the city government;
(2) The purchase of bonds. anticipation notes or other securities that may be issued by the city through
underwriters or directly from time to time,
Waiver of prohibition, The reqUirements of this subsection may be waived for a particular transaction only by four
affirmative votes of the city commission after public hearing upon finding that:
(I) An open-to-all sealed competitive proposal has been submitted by a city person as defined in paragraphs (b)(2).
(3) and (4);
(2) The proposal has been submitted by a person or firm offering services within the scope of the practice of
architecture, professional engineering, or registered land surveying. as defined by the laws of the state and
pursuant to the provisions of the Consultants' Competitive Negotiation Act, and when the proposal has been
submitted by a city person defined (n paragraphs (b){2), (3) and (4);
(3) The property or services to be involved in the proposed transaction are unique and the city cannot avail itself
of such property or services without entering a transaction which would violate this subsection but
for waiver of its requirements; and
(4) That the proposed transaction will be in the best interest of the city.
This subsection shall be applicable only to prospective transactions. and the city commission may in no case ratify a
transaction entered in violation of this subsection.
Provisions cumulative. This subsection shall be taken to be cumulative and shall not be construed to amend or repeal
any other law pertaining to the same subject matter.
(d) Further prohibition on transacting business with the city.
No person included in the terms defined in paragraphs (b)( I) through (6) and in paragraph (b)(9) shall enter into
any contract or transact any business through a firm. corporation. partnership or business entity in which that
person or any member of the immediate family has a controlling financial interest. direct or indirect, with the city
or any person or agency acting for the city. and any such contract, agreement or business engagement entered in
violation of this subsection shall render the transaction voidable. The remaining provisions of subsection (c) will
also be applicable to this subsection as though incorporated by recitation.
Additionally. no person included in the term defined in paragraph (b)(I) shall vote on or participate in any way in
any matter presented to the city commission if that person has any of the following relationships with any of the
persons or entities which would be or might be directly or indirectly affected by any action of the city commission:
(I) Officer. director. partner, of counsel. consultant, employee, fiduciary or beneficiary; or
(2) Stockholder, bondholder. debtor. or creditor. if in any instance the transaction or matter would affect the
person defined in paragraph (b)( I) in a manner distinct from the manner in which it would affect the public
generally. Any person included in the term defined in paragraph (b)( I) who has any of the specified relationships
or who would or might. directly or indirectly. realize a profit by the action of the city commission shall not vote on
or participate in any way in the matter.
(E) Gifts.
(I ) Deflnition. The term "gift" shall refer to the transfer of anything of economic value, whether in the form of
money. service. loan, travel. entertainment. hospitality, item or promise. or in any other form. without
adequate and lawful consideration.
(2)Exceptions. The provisions of paragraph (e)( I) shall not apply to:
a. Political contributions specifically authorized by state law;
Note # I: While the ethics code still applies, if the person executing this form is doing so on behalf of a firm with more than
I S employees, the statement in this section shall be based solely on the signatory's personal knowledge and he/she is not
required to make an independent investigation as to the relationship of employees; if the firm is a publicly traded company.
the statement in this section shall be based solely on the signatory's personal knowledge and he/she is not required to make
an independent investigation as to the relationship of employees or of those who have a fifianciallntel'est in the Firm or of
the financial interest in the Firm of city employees, appointed officials or the immediate famity members of elected and/or
appointed official or employee or as to the relationship by blood or marriage of employees, officers, Or directors of the Firm,
or of any of their immediate family to any appointed or elected officials of the City, or to their immediate family members.
b. Gifts from relatives or members of one's household, unless the person is a conduit on behalf of a third party to
the delivery of a gift that is prohibited under paragraph(3);
c. Awards for professional or civic achievement;
d. Material such as books. reports, periodicals or pamphlets which are solely informational or of an advertising
nature.
(3) Prohibitions. A person described in paragraphs (b)(I) through (6) shall neither solicit nor demand any gift. It is
also unlawful for any person or entity to offer. give or agree to give to any person included in the terms defined in
paragraphs (b)( I) through (6), or for any person included in the terms defined in paragraphs (b)( I) through (6) to
accept or agree to accept from another person or entity, any gift for or because of:
a. An official public action taken, or to be taken. or which could be taken, or an omission or failure to take a public
action;
b. A legal duty performed or to be performed, or which could be performed. or an omission or failure to perform
a legal duty;
c. A legal duty violated or to be violated. or which could be violated by any person included in the term defined in
paragraph (b)(I); or
d. Attendance or absence from a public meeting at which official action is to be taken.
(4) Disclosure. Any person included in the term defined in paragraphs (b)( I) through (6) shall disclose any gift, or
series of gifts from anyone person or entity, having a value in excess of $25.00. The disclosure shall be made by
filing a copy of the disclosure form required by chapter I 12, Florida Statutes, for "local
officers" with the city clerk simultaneously with the filing of the form with the clerk of the county and with the
Florida Secretary of State.
(f) Compulsory disclosure by employees of firms doing business with the city.
Should any person included in the terms defined in paragraphs (b)(I) through (6) be employed by a corporation.
firm, partnership or business entity in which that person or the immediate family does not have a controlling
financial interest, and should the corporation. firm. partnership or business entity have substantial business
commitments to or from the city or any city agency, or be subject to direct regulation by the city or a city agency.
then the person shall file a sworn statement disclosing such employment and interest with the clerk of the city.
(g) Exploitation of official position prohibited.
No person induded in the terms defined in paragraphs (b )( I) through (6) shall corruptly use or attempt to use an
official position to secure special privileges or exemptions for that person or others.
(h) Prohibition on use of confidential information.
No person included in the terms defined in paragraphs (b)( I) through (6) shall accept employment or engage in
any business or professional activity which one might
reasonably expect would require or induce one to disclose confidential information acquired by reason of an
official position, nor shall that person in fact ever disclose confidential information garnered or gained through an
official position with the city, nor shall that person ever use such information. directly or indirectly, for personal
gain or benefit.
(i) Conflicting employment prohibited.
No person included in the terms defined in paragraphs (b)(I) through (6) shall accept other employment which
would impair independence of judgment in the performance of any public duties.
(j) Prohibition on outside employment.
(I) No person included in the terms defined in paragraphs (b)(6) shall receive any compensation for services as an
officer or employee of the city from any source other than the city. except as may be permitted as follows:
a. Generally prohibited. No full-time city employee shall accept outside employment. either incidental. occasional or
otherwise. where city time. equipment or material is to be used or:where such employment or any part thereof is
to be performed on city time.
Note # I: While the ethics code still applies, if the person executing this form is doing so on behalf of a firm with more than
15 employees, the statement in this section shall be based solely on the signatory's personal knowledge and he/she is not
required to make an independent investigation as to the relationship of employees; if the firm is a publicly traded company,
the statement in this section shall be based solely On the signatory's personal knowledge and he/she is not required to make
an independent investigation as to the relationship of employees or of those who have a financial interest in the Firm or of
the financial interest in the Firm of city employees, appointed officials or the immediate family members of elected and/or
appointed official or employee or as to the relationship by blood or marriage of employees, officers, or directors of the Firm,
or of any of their immediate family to any appointed or elected officials of the City, or to their immediate family members.
b. When permitted. A full-time city employee may accept incidental or occasional outside employment so long as
such employment is not contrary. detrimental or adverse to the interest of the city or any of its departments and
the approval required in subparagraph c. is obtained.
c. Approval of department head required. Any outside employment by any full-time city employee must first be
approved in writing by the employee's department head who shall maintain a complete record of such
employment.
d. Penalty. Any person convicted of violating any provision of this subsection shall be punished as provided in
section I-I I of the Code of Miami-Dade County and. in addition shall be subject to dismissal by the appointing
authority. The city may also assess against a violator a fine not to exceed $500.00 and the costs of investigation
incurred by the city.
(2) All full-time city employees engaged in any outside employment for any person, firm, corporation or entity
other than the city, or any of its agencies or instrumentalities, shall file, under oath, an annual report indicating the
source of the outside employment. the nature of the work being done and any amount of money or other
consideration received by the employee from the outside employment. City employee reports shall be filed with
the city clerk. The reports shall be available at a reasonable time and place for inspection by the public. The city
manager may require monthly reports from individual employees or groups of employees for good cause. ,
(k) Prohibited investments.
No person included in the terms defined in paragraphs (b)( I) through (6) or a member of the immediate family
shall have persona! investments in any enterprise which will create a substantial conflict between private interests
and the public interest.
(I) Certain appearances and payment prohibited.
(I) No person included in the terms defined in paragraphs (b){ I), (5) and (6) shall appear before any city board or
agency and make a presentation on behalf of a third person with respect to any matter. license, contract,
certificate, ruling, decision, opinion, rate schedule, franchise, or other benefit sought by the third person. Nor shall
the person receive any compensation or gift, directly or indirectly, for services rendered to a third person, who
has applied for or is seeking some benefit from the City or a city agency, in connection with the particular benefit
sought by the third person. Nor shall the person appear in any court or before any administrative tribunal as
counselor legal advisor to a party who seeks legal relief from the city or a City agency through the suit in question.
(2) No person included in the terms defined in paragraphs (b)(2), (3) and (4) shall appear before the city
commission or agency on which the person serves, either directly or through an associate, and make a
presentation on behalf of a third person with respect to any matter, license, contract, certificate, ruling, decision,
opinion, rate schedule, franchise, or other benefit sought by the third person. Nor shall such person receive any
compensation or gift. directly or indirectly, for services rendered to a third party who has applied for or is seeking
some benefit from the city commission or agency on which the person serves in connection with the particular
benefit sought by the third party. Nor shall the person appear in any court or before any administrative tribunal as
counselor legal advisor to a third party who seeks legal relief from the city cbmmission or agency on which such
person serves through the suit in question.
(m) Actions prohibited when financial interests involved.
No person included in the terms defined in paragraphs (b) (I) through (6) shall participate in any official action
directly or indirectly affecting a business in which that person or any member of the immediate family has a
financial interest. A financial interest is defined in this subsection to include, but not be limited to, any direct or
indirect interest in any investment. equity. or debt.
(n) Acquiring financial interests.
No person included in the terms defined in paragraphs (b)( I) through (6) shall acquire a financial interest in a
project, business entity or property at a time when the person believes or has reason to believe that the financial
interest may be directly affected by official actions· or by official actions by the city or city agency of which the
person is an official, officer or employee.
(0) Recommending professional services.
---_.,._----
Note # I: While the ethics code still applies, if the person executing this form is doing so on behalf of a firm with more than
I S employees, the statement in this section shall be based solely on the signatory's personal knowledge and helshe is not
required to make an independent investigation as to the relationship of employees; if the firm is a publicly traded company,
the statement in this section shall be based solely on the signatory's personal knowledge and helshe is not required to make
an independent investigation as to the relationship of employees or of those who have a financial interest in the Firm or of
the financial interest in the Firm of city employees, appointed officials or the immediate family members of elected andlor
appointed official or employee or as to the relationship by blood or marriage of employees, officers, or directors of the Firm,
or of any of their immediate family to any appointed or elected officials of the City. or to their immediate family members.
No person induded in the terms defined in paragraphs (b)( I) through (4) may recommend the services of any
lawyer or law firm, architect or architectural firm, public relations firm, or any other person or firm, professional
or otherwise, to assist in any transaction involving the city or any of its agencies, provided that a recommendation
may properly be made when required to be made by the duties of
office and in advance at a public meeting attended by other city officials, officers or employees.
(p) Continuing application after city service.
(I) No person included in the terms defined in paragraphs (b)( I), (5) and (6) shall, for a period of two years after
his or her city service or employment has ceased, lobby any city official [as defined in paragraphs
(b)(l) through (6)] in connection with any judicial or other proceeding, application, RFP, RFQ, bid, request for
ruling or other determination, contract, claim, controversy, charge, accusation, arrest or other particular subject
matter in which the city or one of its agencies is a party or has any interest whatever, whether direct or indirect.
Nothing contained in this subsection shall prohibit any individual from submitting a routine administrative request
or application to a city department or agency during the two-year period after his or her service has ceased.
(2) The provisions of the subsection shall not apply to persons who become employed by governmental entities,
50 I (c)(3) non-profit entities or educational Institutions or entities, and who lobby on behalf of those entities in
their official capacities.
(3) The provisions of this subsection shall apply to all persons described in paragraph (p)( I) whose city service or
employment ceased after the effective date of the ordinance from which this section derives.
(4) No person described in paragraph (p)(I) whose city service or employment ceased within two years prior to
the effective date of this ordinance shall for a period of two years after his or her service or employment enter
into a lobbying contract to lobby a.ny city official in connection with any subject described in paragraph (p)( I) in
which the city or one of its agencies is a party or has any direct and substantial interest; and in which he or she
participated directly or indirectly through decision. approval, disapproval, recommendation, the rendering of
advice, investigation, or otherwise, 9uring his or her city service or employment. A person participated "directly"
where he or she was substantially involved in the particular subject matter through decision, approval, disapproval,
recommendation, the rendering of a,dvice. investigation, or otherwise, during his or her city service or
employment. A person participated "indirectly" where he or she knowingly participated in any way in the particular
subject matter through decision, approval, disapproval, recommendation, the rendering of adVice, investigation, or
otherwise, during his or her city service or employment. All persons covered by this paragraph shall execute an
affidavit on a form approved by the city attorney prior to lobbying any city official attesting that the
requirements of this subsection do not preclude the person from lobbying city officials.
(5) Any person who violates this subsection shall be subject to the penalties provided in section BA-2(p).
(q) City attorney to render opinions on request.
Whenever any person included in the terms defined in paragraphs (b)( I) through (6) and paragraph (b)(9) is in
doubt as to the proper interpretation or application of this conflict of interest and code of ethics ordinance, or
whenever any person who renders services to the city is in doubt as to the applicability of the ordinance that
person, may submit to the city attorney a full written statement of the facts and questions. The city attorney shall
then render an opinion to such person and shall publish these opinions without use of the name of the person
advised unless the person permi1;s the use of a name.
(Ord. No. 6-99-1680, § 2. 3-2-99)
Editor's note-Ord. No. 6-99-1680, § I. adopted 3-2-99, repealed §§ 8A-1 and 8A-2 in their entirety and replaced
them with new §§
8A-1 and BA-2. Former §§ 8A-1 and BA-2 pertained to declaration of policy and definitions, respectively, and
derived from Ord. No. 634, §§ I (I A-I), I (I A-2) adopted Jan .. .11, J 969.
Note # I: While the ethics code still applies, if the person executing this form is doing so on behalf of a firm with more than
15 employees, the statement in this section shall be based solely on the signatory's personal knowledge and helshe is not
required to make an independent investigation as to the relationship of employees; if the firm is a publicly traded company,
the statement in this section shall be based solely on the signatory's personal knowledge and helshe is not required to make
an independent investigation as to the relationship of employees or of those who have a financial interest in the Firm or of
the financial interest in the Firm of city employees, appointed officials or the immediate family members of elected andlor
appointe<! official Or employee or as to the relationship by blood or marriage of employees, officers, or directors of the Firm,
or of any of their immediate family to any appointed or elected officials of the City, or to their immediate family members.
Date:
RFP Title:
ITQ No.:
Pre-Bid Conference
Sign-In Sheet
March 25, 2014
Resurface Two Basketball Courts at Murray
Park
2014-02
C:\Users\skulick.CSMl \Documents\South Miami\Tcmplatcs\Pre-Bid Meeting Sign-In Sheet.doc
Detail by Entity Name Page 1 of 3
ent Number 677116
N Number 592010019
Filed 06/26/1980
PINE, DANIEL
S.W. 162ND AVENUE
IAMI, FL 33031
FL
ACTIVE
REINSTATEMENT
10/06/2006
NONE
http://search.sunbiz.orgllnquiry/CorporationSearch/SearchResultDetaiI/Entity ... 4/112014
2.21.4 FLORIDA PROFIT CORPORATION ANNUAL BEP.QRI
DOCUMENT# 677116
Entity Name: MCCOURT CONSTRUCTION INC.
Current Principal Place of Business:
16155 SW 117TH AVE.
#26B
MIAMI, FL 33177
Current Mailing Address:
16155 SW 117TH AVE.
#268
MIAMI, FL 33177
FEI Number: 59·2010019
Name and Address of Current Registered Agent:
MCALPINE, DANIEL
23800 S.w. 162ND AVENUE
MIAMI, FL 33031 US
FILED
Mar 18, 2014
Secretary of State
CC2817964542
Certificate of Status Desired: No
The above named entity submits this statement for the purpose of changing its registered office or registered agent, or both. In the Stale of Florida.
SIGNATURE:
Electronic Signature of Registered Agent
Officer/Director Detail :
Title
Name
Address
PDS
MCALPINE, DANIEL
23800 S.W. 162ND AVENUE
City-Slate-Zip: MIAMI FL 33031
Date
I herehy certiry that the information indicated on this report or suppJemenlal report is (me and aCGIJ(iIlfj ami Ihat my electronic signature sh8J1l1sve ihe same /ega1 effecf as if made under
oath; thet 1 am an officer or director of Ihe corporation or the receiver or truslee empowered to execute this report os required by Chapter 607, Flon"rla Statutes; and thaI my name appearfJ
above, or on an attachment with all other like empowored.
SIGNATURE: DANIEL MCALPINE PRESIDENT 03/18/2014
Electronic Signature of Signing OfficeriDirector Detail Date