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Res No 100-14-14194RESOLUTION NO.100-14-14194 A Resolution authorizing the City Manager to enter into a contract with Fireworks Displays Unlimited,LLC,in the amount of $8,500 for fireworks for the 2014 Fourth of July celebratory event. WHEREAS,theCityissuedasolicitationforafireworks display forthe 2014 Fourthof July event;and, WHEREAS,the solicitationwaspostedontheCity'swebsite,andDemandStar;and, WHEREAS,the Citynotifiedfive other fireworkscompaniesstating that asolicitationhadbeen posted;and, WHEREAS,the Cityreceivedaproposalin the amount of$8,500fromFireworks Displays Unlimited,LLC,alocalcompany,which met the scope ofservicesin the solicitation;and, WHEREAS,payment in the amount of$8,500 will befunded through the expenditure lineitem of 001-2000-572-4820,Promotional Activities/SpecialEvents,witha current balanceof $14,719. NOW,THEREFORE,BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA: Section I.The CityManageris hereby authorized to enter into a contract with Fireworks DisplaysUnlimited,LLC,for the 2014 Fourth ofJuly celebratory event,in the amount of$8,500,using account number 001-2000-572-4820,Promotional Activities/SpecialEvents. Section 2.In the event of stormy/rainy weather and the fireworks can not bedisplayedon 7/4/2014,then the next designated daywouldbe 7/5/2014. Section 3.Ifany section clause,sentence,or phrase ofthis resolution isforanyreasonheld invalid or unconstitutional bya court of competent jurisdiction,the holdingshall not affect the validity of the remaining portions ofthis resolution. Section 4.Thisresolution shall becomeeffectiveimmediatelyuponadoptionbyvoteofthe City Commission. PASSED AND ADOPTED this 20thlay of May ,2014. /mayorMAYOR COMMISSION VOTE:5-0 Mayor Stoddard:yea ViceMayorHarris:yea Commissioner Liebman:yea Commissioner Welsh:yea Commissioner Edmond:Yea Page 1 of 1 Soutff Miami THE CITY OP PLEASANT LIVING CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER-OFFICE MEMORANDUM To:The Honorable Mayor&Membersof the CityCommission From:StevenJ.Alexander,CityManager Date:May 20,2014 AgendaItemNo.: Subject:A Resolution authorizing the City Manager to enter into a contract with Fireworks Displays Unlimited,LLC,in the amount of $8,500 for fireworks for the 2014 Fourth of July celebratory event. Background:On May 5th,2014,a solicitation for fireworks display for the 2014 Fourth of July eventwasissued.This solicitation wasadvertisedontheCity'swebsiteand Demand Star.Five companies were also contacted through the Purchasing Department advising them of the solicitation. On May 13,2014,Fireworks Displays Unlimited,LLC,a local fireworks company submitted aproposalintheamountof $8,500,meeting thescopeof services required by the City.No other proposals were received. In the past,Fireworks Display Unlimited,LLC,has provided agreat display of fireworksforthis celebratory eventatPalmerPark. In the event of stormy/rainy weather and the fireworks can notbe displayed on 7/4/2014,thenthenext designated daywouldbe 7/5/2014. Upon approval,payment in the amount of $8,500 forthe fireworks display will be generated through accountnumber 001-2000-572-4820,Promotional Activities/Special Events,which has acurrent balance of $14,719.This payment will bein two installments;half prior to the event and then the remainder after the event. Expense:$8,500 Account:001-2000-572-4820 (Promotional Activities/Special Events) Attachments:Proposed Resolution Bid Information Proposal,Fireworks Displays Unlimited,LLC Solicitation Notifications Bids were opened on: BID OPENING REPORT Tuesday;May 13.2014 after:10:00am For:ITO #SE2014-02 July 4*Fireworks Display atPalitter Park COMPANIES THAT SUBMITTED PROPOSALS:AMOUNT: 1.Fireworks Digplays $8500.00 THE ABOVE BIDS HAVE NOT BEEN CHECKED. THE BIDS ARE SUBJECT TO CORRECTION AFTER THE BIDS HAVE BEEN COMPLETELY REVIEWED. City CJerk:_ NafAe 'Print ] Witness: Print Name Witness: Print Name Signature CONTRACT THIS CONTRACT was made and entered into on this CG day of \N-4(^j .201 ^j.by and betweer^r^MOTKlSt^VSfiVQ^5v hereafter referred to as "Contractor"and the City^otSouth Miami,hereafter referredtoas "Owner",throughits City Manager,hereafter referredtoas "City". WITNESETH: That,theContractor,fortheconsideration hereinafter fully setout,herebyagrees with theOwneras follows: 1.The Contractor shallfurnishalllabor,materials,equipment,machinery,tools,apparatus,transportation and any other items necessary to perform all ofthework shown on and described inthe Contract Documents and shall do everything required bythisContractandtheotherContract Documents hereinafter referred to as the Work. 2.The Contract Documents shallincludethis Contract,General Conditions to the Contract,ifany,the drawings,plans,specifications andproject manual,if any,any supplementary or special conditions,other documents referringtothiscontractand signed bythe parties,the solicitation documents ("hereinafter referredtoas"BidDocuments")andanydocumentsto which thosedocumentsreferwhichareusedby theOwneras well asany attachments or exhibits thataremadeapartofanyofthe documents described herein. 3.The Contractor shallcommencetheWorktobeperformedunderthis Contract onadatetobe specified inaNoticetoProceedand shall complete all Work hereunderwithinthelengthoftimesetforthinthe Contract Documents. 4.TheOwnerherebyagreestopaytotheContractorforthe faithful performanceofthis Contract,subject toadditionsanddeductionsasprovidedinthe Contract Documentsandanyproperlyapproved,written change orders,in lawful money of the^United States*the amount:of:(Spdi Dotbr Amount^)(^1P^-Rvff,lT^-TO«r<3-Oc^^p^m^l^Sum ("Contract 5.Theexpensesofperforming Work after regular workinghours,andon Sunday and legal holidays shall be Includedinthe Contract Price.However,nothingcontainedhereinshall authorize work ondaysand duringhours that are otherwise prohibitedbyordinanceunless specifically authorized or instructedin writingby the City. 6.Ifthe Work is expected torequiremorethanonemonth,the Owner shallmakemonthlypartial paymentsto the Contractor onthebasisofadulycertifiedandapprovedscheduleofvaluesforthe Work performedduringeachcalendarmonthbythe Contractor,lesstheretainage(allasprovidedforinthe Contract Documents),whichis to bewithheldby the Owner until completion and acceptance of the complete project in accordance withthis Contract andthe other Contract Documentsanduntilsuch Work hasbeen accepted bytheCity. 7.Uponsubmissionbythe Contractor ofevidencesatisfactorytotheCity that alllabor,material,and other costsincurredbythe Contractor inconnectionwiththe construction of the Work havebeenpaidin full, andaftercompliancewiththetermsforpaymentprovidedforinthe Contract Documents,final payment onaccountofthis Contract shallbemade within sixty(60)calendardaysafterthecompletion by the Contractor ofall Work coveredbythisContractandtheacceptanceofsuch Work bytheCity. 8.Intheeventthatthe Contractor shall fail tocompletetheWorkwithinthetime limit stipulated inthe ContractDocuments,or theextendedtime limit agreedupon,inaccordancewiththeprocedureasmore particularly set forthintheContract Documents,liquidated damages shall bepaidattherateof $0.00 dollars per day,plusanymonies paid bytheOwnertotheConsultant,if any,for additional engineering and inspection services,ifany,associatedwithsuch delay. 9.Itisfurther mutually agreedbetweenthe parties heretothatifa Payment and/or Performance Bond ("Bond")isrequiredand if,atanytimeaftertheexecutionofthis Contract andthe Bond forits faithful performance and payment,the City shall deem the Surety or Sureties upon such bond(s)tobe unsatisfactory,or if,forany reason such bond ceases tobe adequate tocoverthe performance ofthe Workor payment to subcontractors and suppliers,the Contractor shall,atits expense within five (5) business days afterthereceiptofnoticefromtheCitysotodo,furnish an additional bondorbondsin such formandamountandwith such Surety or Sureties as shall be satisfactory tothe City.In suchevent, no further payment to the Contractor shallbedeemedtobedue under this Contract untilsuchnew or additional securityforthe faithful performance oftheWork h furnished inthemannerandintheform satisfactoryto the City. 10.No additional Workor extras shall be done unless the same is duly authorized in advance ofthe work by appropriate actionby the Cityandinaccordancewiththe Contract Documents. Page I of2 ©ThomasF.Pepe2014. 4/17/14 11.CONTRACTOR and all ofitssubcontractorsarerequiredtocomplywithpublicrecordslaws(s.l 19.0701) while providing servicesonbehalfoftheCITYandthe CONTRACTOR,undersuch conditions,shall incorporate this paragraph in all ofits subcontracts forthis Project.CONTRACTOR andits subcontractors are specifically requiredto:(a)Keepand maintain public recordsthat ordinarily and necessarily wouldbe requiredbythepublicagencyinordertoperformtheservice;(b)Providethe public withaccessto public recordson the same terms andconditionsthatthepublicagencywouldprovidetherecordsandatacostthat doesnotexceedthecost provided inthischapterorasotherwiseprovidedby law;(c)Ensure that public recordsthatare exempt orconfidentialand exempt frompublicrecordsdisclosure requirements arenot disclosed except asauthorizedby law;and(d)Meetallrequirementsfor retaining public recordsandtransfer, atnocost,tothepublic agency all public recordsinpossessionofthecontractoruponterminationofthe contractanddestroyany duplicate public recordsthatare exempt or confidential and exempt from public recordsdisclosurerequirements.Allrecordsstoredelectronicallymustbeprovidedtothe public agencyina formatthatiscompatiblewiththe information technologysystemsofthepublicagency. IN WITNESS WHEREOF,the parties heretohaveexecutedthisContracton the^a)t-anthdate firstabove written,in five (5)counterparts,each of which shall,without proof or accountipf^r^the othery©unterpart be deemed anoriginal Contract. WITNESSES: ©ThomasF.Pepe 2014. 4/17/14 Page 2of2 FIREWORKS DISPLAYS UNLIMITED ...a division of Firepower Displays SPECTACULAR CUSTOM FIREWORKS DISPLAYS FOR ANY OCCASION Sponsors Contact Date ofDisplay Location Time Duration Show Price Deposit Remarks CONTRACT FOR FIREWORKS DISPLAYS City of South Miami Maria Stout-Tate July 4,2014 /July 5,2014 (Rain Date) Palmer Park After Dusk-approx.9:15 PM Approx 12-15 minutes $8,500 $4,250 We the undersigned,being interested in a fireworks display for City of South Miami agree to pay a price of $8,000 for the display agreed upon,which will be furnished by Fireworks Displays Unlimited,LLC. The undersigned,intendingtobelegally bound,agree as follows: 1.Sponsor to nffekeu price upon signing of contract,butnolaterthan30 days prior to display. 2.In the event Sponsor shall fail to pay any sum when due under the terms ofthis contract,Sponsor shall pay,in addition to such amount,interest at the rate of 1-1/2%per month on the unpaid amount from the original due date.Sponsor does further agree that itshall pay Fireworks Display's reasonable attorney fees and court costs in the event Fireworks Displays shall commence suit or incur fees to compel Sponsor to pay any sums due hereunder orotherwise asa result of Sponsor's default ofanyofthe terms and provisions herein contained. 3.SPONSOR'S AGENT:Steven Alexander.Cltv Manager and/or Maria E»Stout-Tate.Special Events Coordinator be designated as sponsor's agent to whom all questions and inquiries shall relay all questions and inquiries.Sponsor's agent shall be the only agent of sponsor authorized to request rescheduling of the delivery and exhibition of the fireworks on the part of the sponsor. 4.If event is on land,sponsor to furnish police and/or crowd security personnel,provide proper parking supervision,and insure adequate patrol of the safety zone as marked and secured by the sponsor until Fireworks Displays Unlimited,LLC advises that it is no longer necessary.Fireworks Displays Unlimited,LLC is not responsible for clean-up of land-based shows other than company equipment,supplies and packing materials.Aland based fireworks show produces debris.Sponsor shall be responsible for the clean-up ofanysuchdebris. 5.If event is over water,Fireworks Displays Unlimited will be responsible for marine permit,and for control of safety zone 6.Fireworks Displays Unlimited,LLC,reserves the right to stop the display in the event persons,vehicles or animals enter the secured safety zone and security is unable or unwilling to remove them and enforce the safety regulations. 7.Fireworks Displays Unlimited,LLC.will furnish all applicable licenses,permits and $1,000,000 liability insurance and pyrotechnicians for your electronically fired display. 8.NOTE:In accordance with local regulations and ordinances,fireworks displays shall not take place later than 10:30pm unless approval is obtained from the governing authority.The restrictions shall riot be applicable with regards to holidays such as December 31,January 1,orother national holidays.If for some reason,shoot time does not occur before the allotted time and shoot is cancelled due to local authority or expiration of permit,Sponsor is liable for full payment ofdisplay. 9.Hold harmless Fireworks Displays Unlimited,LLC.from any claims that do not directly relate to damages produced by its staff, equipment or pyrotechnic material. 10.CREDITS:As a material inducement to Fireworks Displays agreeing to enter Into this agreement,Sponsor shall give Fireworks Displays program credit as sole fireworks supplier and producer in all press releases,advertising,and any other program announcements,printed or otherwise. 11.If show is canceled,sponsor isresponsible for any permit,fire watch or barge/tug fees,if applicable.Additionally,sponsor will be responsible for load In/load out expenses not to exceed 50%ofbudget.If show is stopped while in progress for any reason, Sponsor will still be responsible for contract amount minus the cost ofmaterial not'discharged. 12.If wind exceeds 20 miles per hour,fireworks display will be postponed to an agreed date between sponsor and Fireworks Displays Unlimited,LLC. 13.Rain date policy isa follows:Postponement time is 11:30am dav of display. 14.If the delivery and/or exhibition of the fireworks are postponed by reason of inclement weather,itshall be re-scheduled to the Inclement Weather Date set forth by Sponsor. 15.IMPORTANT NOTE:Items listed in this proposal assume afiring area that conforms to NFPA Code 1123-1995,which states that there must be at least 70 feet per inch ofshell diameter between firing site and any spectators,cars or buildings.This program requires a safety zone that has a radius of 350.feet because ofthe inclusion of 5-inch shells.Adjustments will be made to the content of this program if necessary to conform to NFPA 1123-1995. "Fireworks Displays Unlimited,LLC,upon acceptance ofthis contract in writing,agrees to fulfill the contract in a workmanlike and professional manner. City Attorney Read and Approved asto form,legality, language and execution thereof Sponsor Fireworks Displays Unlimited,LLC. ASSORTED MINES,ASSORTED COLOR,PEONIES &CHRYSANTHEMUMS -bursts resembling a round and weeping flower pattern,WHISTLES -abreakof color,followed by whistles,SCREAMING DRAGONS -a break of bright magnesium colors followed by loud screaming whistle,GOLD FLITTER,SILVER OR GLITTER CROSSETTES -exploding comets crackling into crisscrossing effects,FANCY STAR SHELLS -Assorted brilliant colors in various patterns, SPIDERWEBS -long hanging fine websof gold or silver,TOURBILLIONS -titanium silver spinning effects,RINGSHELLS -assorted ring patterns of different colors ofone,two,threeor five different colors,GOLDEN,SILVER,GLITTERING OR CRACKLING PALM TREES -a palm tree image with trunk-like different forms,ASSORTEDTWOand THREE COLOR CHANGING CHRYSANTHEMUMS &PEONIES -two orthree distinct color changes that resemble a round and weeping flower pattern,STROBES -a variety of bright twinkling shells,ASSORTED COLOR BROCADES -adense golden,silver or assorted color effect ending atthetips with an umbrella-like canopy cascading and falling low,MULTI-BREAK SALUTE SHELLS -a variety ofsaluteeffectsthat incorporate multiple powerful reports into the display,ASSORTED COMETS, bright luminous thick tail with comet-like appearance with various colors,ASSORTED TIGERTAILS,similar to comets, ASSORTED MINES,projects various typesofeffectand colored starsthatare launched and ignited atalowaltitude, TITANIUM SALUTES -these shells explode into a burst of brilliant white lights and booming reports,ASSORTED COLOR &CRACKLING EFFECTS -assorted color peonies and chrysanthemums with crackling effects,WILLOWS -very fine lines with an umbrella like effect cascading slowly,ETC. OPENING BODY FINALE TOTAL SHELLS 2.5"SHELLS 72 0 72 144 3M SHELLS 0 120 300 420 4"SHELLS 18 198 72 288 CAKES 600 shots 1200 shots 1800 shots \WVkA\-Southr Miami SUBMITTED TO: NAME: ADDRESS: CITY/STATE: PHONE: MANDATORY PRE-QUOTE MEETING: QUOTE SUBMISSION REQUIREMENTS: Quotessubmittedafter10AMontheduedatewillnotbeacceptedunless otherwise specifiedInthequotedocument ofatimechange.Ailquotes will besubmittedtotheCityClerksOfficetn asealedenvelope.Thelabelontheonthe envelope needs toreadasfollows: City of South Miami MariaM.Menendez,CMC 6130 Sunset Drive South Miami,Ft.33143 Project Name:July 4.2014 Fireworks Display at Palmer Park Mustinputprojectname.If label does nothaveallinformationaboveyourquote willnotbe accepted. INSURANCE REQUIREMENTS: The CITY'S insurancerequirementsareattached(Exhibit 1).Asa condition ofaward,theawardedvendormustprovidea certificateofinsurancenamingthecityasadditionalinsured. AFFIDAVITS REQUIRED WITH SUBMITTAL:(Exhibit 2V Respondents must completeandsubmitwithyourquoteaffidavitsprovided In Exhibit2. QUESTIONS: AnyRequestsforadditional information orquestionsmustbein writing,emailed by10AMlocal lime onApril 30,2014 tothe attentionofMr.Steven Kullck,Purchasing Managerat akuilck@aouthmlamlfl.gov. SCOPE OF WORK DESCRIPTION TO BE COMPLETED BY CITY* City Clerk Maria Menendez,CMC 6130 Sunset Drive Miami,Florida 33134 305-663-8339 CITY OF SOUTH MIAMI INVrTATlON TO QUOTE ITQ#SE2014.fl2 LUMP SUM PROPOSAL PROJECT: ADDRESS: CITY/STATE: ISSUE DATE: E-MAIL DUE DATE: July 4,2014 Fireworks Display at Palmer Park 6100 SW 67 Avenue South Miami,Fl,33143 &WMW^^&w$&^x^Mm $W^Mffi.M&£&QMi$ sM»<?K@gQUthmfemifl,qovt liTu&d/^ REFER T<D^^'SCOPE OF SERVICES/COPY ATTACHED DESCRIPTION OF WORK TO BE PERFORMED BY CONTRACTOR: Item Number Item Description Unit Qty Amount Refer'to?ScoDe t»fServices?Goov Attache^ ••• r:y4WM?Mmmm ^m^^^mm^iW^^^^^^^i^^^^W^^^.LUMPSUM TOTAL r Contractor shall furnish ailmaterialsand qqtitpmeni necessaryto..secure.completionofthework.Contractor shallbecompensated according tothequotesubmitted.Contractor is fospQnsltjJtH-cTsecurfe allpermitsandshouldbe ronectBdjr>\he LumpSumpQuote. Contractor may choose tosubmita ojM>t<on cpmp attached tothis form. No Mandatory fjfrg?gtrpte.MjB3U submitis:May 13,20j^^iQ^Mr—^— Prlnt/Typi Stgnatun E-mail: Firm Name: Address: THEEXECUTIONOFTHISFORM CONSTITUTES THEUNEQUIVOCALOFFEROF PROPOSER TOBEBOUNDBYTHE TERMS OFITS PROPOSAL.FAILURETOSIGNTHIS SOLICITATION WHERE INDICATED ABOVEBYANAUTHORIZEDREPRESENTATIVESHALLRENDERTHEPROPOSALNON-RESPONSIVE.THE CfTY MAY.HOWEVER.IN fTS SOLE DISCRETION,ACCEPTANY PROPOSAL THATINCLUDESANEXECUTEDDOCUMENTWHICHUNEQUIVOCALLYBINDSTHE PROPOSER TOTHE TERMS OF FTSOFFER.THE CfTYS REQUEST FORQUOTESISFORTHE LOWEST ANDMOST RESPONSIVE PRICE.THECITY RESERVES THERIGHTTOAWARDTHE PROJECT TOTHEFIRMCONSIDEREDTHEBEST TO SERVE THE CITY'S INTEREST. Phone: Date:mm®**. ?r\nrrttn state:n^fCfe? Scope of Services itq:fireworks display for july 4,2014 Show time:After Dusk;Approx.9:15 PM The City of South Miami is seeking quotations from experienced and capable parties to develop acustom fireworks display foraperiodof 12 to 15 minutes on July 4,2014,atthe City of South Miami's PalmerPark (6100 SW67 Avenue).Thescopeofservices will be delivered to PalmerPark safely and to theCity's satisfaction.Contractor shall furnish all materials and equipment necessary tosecurethe completion oftheworkThework includes the delivery, set-upand disposal offireworks materials and equipment and all related fireworks materials and;should bereflectedintheContractor's Lump Sum bid price. Additionally,the Company will be responsible for obtaining the permitting through Miami Dade County Fire Department forthe Firework display and setting upa final walk through. The Contractor shallhaveaccess to the showlocationfor set-up and shall work with the City'sParks&Recreation Department andSpecial Events Coordinator to ensure all necessary access is provided to meet the approximate show time and date. Contractor is responsible to secure all permits and conform to all municipal regulations relating to fireworks displays and should be reflected in the Lump Sum quote.TheContractor shall verify and assume responsibility thatthe firing area provided by the City conforms to NFPA Code 1123-1995,which states thatthere must beat least 70 feet per inch of shell diameter between firing site and any spectators,cars or buildings.The display program requires a safety zone that hasa radius of 350 feet,if5"shells are to be used. In the event of inclement weather and the display must be cancelled on July 4,2014;a Rain Date ofJuly 5,2014 has been established;all prices,terms and conditions shall apply. Shell Count:The Contractor shall,ata minimum,provide a display that includes the following estimated shell count: OPENING BODY FINALE TOTAL SHELLS 2.5 Shells 72 72 144 3"Shells 120 300 420 4"Shells 18 198 72 288 5"Shells None None None None CAKES 600 Shots 1200 Shots 1800 Shots Fireworks Effects:The display shall include,butnotbe limited to,the following fireworks effects:ASSORTED MINES,ASSORTED COLOR,PEONIES & CHRYSANTHEMUMS -bursts resembling a round and weeping flower pattern, WHISTLES -abreakofcolor,followed bywhistles,SCREAMING DRAGONS -abreak ofbright magnesium colorsfollowedbyloud screaming whistle,GOLD FLITTER,SILVER OR GILTER CROSSETTES -exploding comets crackling into crisscrossing effects, FANCY STAR SHELLS -Assorted brilliant colors in various patterns,SPIDERWEBS - long hanging fine websof gold or silver,TOURBILLIONS -titanium silver spinning effects, RINGSHELLS -assorted ringpatternsofdifferentcolorsofone,two,three orfivedifferent colors,GOLDEN,SILVER,GLITTERING OR CRACKLING PALMTREES-a palm tree image with trunk-like different forms,ASSORTED TWO and THREE COLOR CHANGING CHRYSANTHEMUMS &&PEONIES -two or three distinct color changes thatresemblearoundandweeping flower pattern,STROBES -avarietyof bright twinkling shells,ASSORETED COLOR BROCADES -adense golden,silver orassorted coloreffect ending atthetipswithan umbrella-like canopy cascading and falling low,MULTI- BREAK SALUTE SHELLS -a variety of salute effectsthat incorporate multiple powerful reportsintothe display,ASSORTED COMETS,brightluminousthicktailwithcomet-like appearance with various colors,ASSORTED TIGERTAILS,similar to comets, ASSORTED MINES,projectsvarioustypesofeffectandcoloredstarsthatare launched and ignited atalowaltitude,TITANIUM SALUTES -these shells explodeintoaburstof brilliant whitelightsandboomingreports,ASSORTED COLOR &CRACKLING EFFECTS -assortedcolorpeoniesandchrysanthemumswith crackling effects,WILLOWS -very fine lines withan umbrella likeeffect cascading slowly.Additional fireworks maybe acceptableupon review of how largetheshell explodes and what it displays. TheCityofSouth Miami shallprovidepoliceandadequateparkingsupervisionatthedesignated locationsandshall ensure the"SafetyZone"asmarkedand secured bythe Contractor,is patrolleduntilthe Contractor advisesCitypersonnel thatthe "Safety Zone"isnolonger needed. TheCity reserves the right to select forawardthe Project to the person withthelowest,most responsive,responsibleProposal,asdeterminedbytheCity,subjecttotherightofthe City,or theCity Commission,torejectanyand all proposals,andtherightoftheCityto waiVe any irregularity intheProposals or RFP procedureandsubjectalsototherightoftheCityto awardthe Project,andexecutea contract withaRespondent or Respondents,other thanto theonewho provided the lowest ProposalPrice. Park Location:Palmer Park -6100 SW 67 Avenue,South Miami,FL 33143 Exhibit I Insurance and Indemnification I.I Insurance - A Without limiting its liability,the vendor,contractor,consultant or consulting firm (hereinafterreferredtoas "FIRM"withregardto Insurance and Indemnification requirements)shall be required to procure and maintain atitsown expense during the life oftheContract,insuranceofthetypesandinthe minimum amountsstatedbelowas will protect the FIRM,fromclaimswhichmayarise out of or resultfrom the contract or the performance ofthecontract with the City of South Miami,whether such claim is against the FIRM or any sub-contractor,orby anyone directly or indirectly employed by any ofthemor byanyoneforwhoseactsanyofthemmaybe liable. B.No insurance required bythe CITY shall be issued orwrittenbya surplus lines carrier unlessauthorizedinwritingbythe CITY andsuchauthorization shall beatthe CITY's sole andabsolutediscretion.The FIRM shall purchaseinsurancefromand shall maintain the insurancewithacompany or companies lawfully authorizedtosellinsuranceintheStateof Florida,onformsapprovedbytheStateof Florida,as will protect the FIRM,ata minimum, fromall claims assetforthbelow which may ariseoutoforresultfromthe FIRM's operationsundertheContractandfor which the FIRM may be legally liable,whethersuch operationsbebythe FIRM orbya Subcontractor orby anyone directly or indirectly employed byanyofthem,or by anyone for whose acts any ofthem may be liable:(a)claims under workers'compensation,disability benefit and other similar employee benefit acts which are applicable totheWorktobe performed;(b)claims for damages because of bodily injury,occupational sickness or disease,ordeathofthe FIRM's employees;(c)claims for damages becauseof bodily injury,sickness or disease,ordeathofanypersonotherthanthe FIRM's employees;(d)claims for damages insured by usual personal injury liability coverage; (e)claims for damages,otherthantotheWork itself,because of injury toor destruction of tangible property,including lossofuse resulting therefrom;(f)claims for damages because of bodily injury,deathofapersonorproperty damage arising outof ownership, maintenance oruseofamotor vehicle;(g)claims for bodily injury orproperty damage arising outofcompleted operations;and(h)claims involving contractual liability insurance applicabletothe FIRM's obligationsunderthe Contract 2.1 Firm'sInsuranceGenerally The FIRM shall provideand maintain inforceand effect until all theWorktobe performed underthis Contract hasbeencompletedandacceptedby CITY (orforsuchdurationasis otherwise specified hereinafter),the insurance coverage writtenon Florida approved forms and as set forth below: AProfessional Liability Insurance ona Florida approvedformintheamountof $1,000,000 withdeductibleperclaimifany,nottoexceed5%ofthelimitof liability providingforallsumswhichthe FIRM shallbecome legally obligatedto payasdamagesfor claims arising outoftheservicesorworkperformedbythe FIRM itsagents,representatives,Sub-Contractorsor assigns,orbyanyperson employed or retainedbyhiminconnectionwiththis Contact Thisinsurance shallbemaintainedforfouryearsaftercompletionofthe construction and acceptanceofanyProjectcoveredbythis Contact However,the FIRM may purchaseSpecificProject Professional Liability Insurance,intheamountand underthe terms specified above,whichisalsoacceptable. B.Workers'Compensation Insurance atthe statutory amountasto all employees incompliancewiththe "Workers'Compensation Law"oftheStateof Florida including Chapter 440,Florida Statutes,aspresently written orhereafter amended,and all applicable federal laws.In addition,thepolicy (ies)must include: Employers'Liability atthestatutorycoverageamount.The FIRM shall further insurethat all ofits Subcontractors maintain appropriatelevelsof Worker's Compensation Insurance. C.CommercialComprehensiveGeneral Liability insurancewithbroadform endorsement,aswellas automobile liability,completed operations and products liability,contractual liability,severability ofinterestwithcross liability provision, andpersonalinjuryandpropertydamage liability withlimits of $1,000,000 combined single limitperoccurrenceand$2,000,000 aggregate,including: •Personal Injury:$1,000,000; •Medical Insurance:$5,000perperson; •Property Damage:$500,000each occurrence; •Automobile Liability:$1,000,000 eachaccident/occurrence. •Umbrella:$1,000,000 perclaim D.Umbrella Commercial ComprehensiveGeneral Liability insurance shall be writtenona Florida approved formwiththesame coverage asthe primary insurancepolicybutintheamountof$1,000,000per claim and$2,000,000 AnnualAggregate.Coverage must beaffordedonaformno more restrictive thanthe latest edition ofthe Comprehensive General Liability policy,without restrictive endorsements,as filed bytheInsuranceServicesOffice,andmust include: (1)PremisesandOperation (2)IndependentContractors (3)Productsand/orCompletedOperations Hazard (4)Explosion,Collapse and Underground Hazard Coverage (5)Broad Form Property Damage (6)Broad Form Contractual Coverage applicable tothis specific Contract, including any hold harmless and/or indemnification agreement. (7)Personal injury Coverage with Employee and Contractual Exclusions removed,with minimum limits of coverage equal tothose required for Bodily Injury Liability and Property Damage Liability. E.BusinessAutomobile Liability withminimumlimitsofOne 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 coveragemustbeaffordedonaformnomore restrictive than the latest edition ofthe Business Automobile Liability policy, without restrictive endorsements,as filed bywiththestateof Florida,and must include: (1)Owned Vehicles. (2)Hiredand Non-Owned Vehicles (3)Employers'Non-Ownership 3.1 SUBCONTRACTS: The FIRM agrees thatifanypartofthe Work undertheContractis sublet,the subcontract shall contain the sameinsuranceprovisionassetforthinsection 5.1 aboveand5.4belowand substituting theword Subcontractor for theword FIRM and substituting theword FIRM for CITY where applicable. 4.1 ^e arid Extended GBvattgg^APPLICABLE- A.In theeventthat this contract involves the construction ofa structure bythe FIRM,the FIRM shall maintain,with an Insurance Company or Insurance Companies acceptable tothe CITY,"Broad"form/All Risk Property Insurance including Vandalism &Malicious Mischief coverage,on buildings and structures,while inthe 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 thecostof machinery is included inthe Contract,orifthe machinery is located ina building thatisbeingrenovatedbyreasonofthiscontract.Theamountof insurance must, atalltimes,beatleastequaltothereplacementandactualcashvalueofthe Insured property.The policy shall be in the name ofthe CITY and the FIRM,astheir interest may appear,and shall also coverthe interests of all Subcontractors performing Work. B.All ofthe provisions set forth in Section 5.4 herein below shall apply to this coverage unlessitwouldbeclearlynot applicable. 5.1 Miscellaneous: A.If anynoticeof cancellation of insurance or change in coverage Is issued bythe insurance company orshouldany insurance have an expiration datethat 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 soasto provide continuous coverage as specified in thissectionandsoasto maintain coverage during the life of this Contract. B.All deductibles mustbe declared bythe FIRM and mustbe approved bythe CITY.Atthe option of the CITY,either the FIRM shall eliminate or reduce such deductible or the FIRM shall procureaBond,inaform satisfactory totheCITYcoveringthesame. C.The policies shall containwaiverof subrogation against CITYwhere applicable,shall expresslyprovidethatsuch policy or policies are primary overanyother collectible insurance thatCITYmay have.TheCITY reserves the right at any timetorequestacopy ofthe required policies for review.All policies shall contain a "severability of interest"or "cross liability"clausewithout obligation forpremiumpaymentofthe CITY,aswellas contractual liability provision covering theContractorsdutyto indemnify the CITY as provided inthis Agreement. D.Beforestartingthe Work,the FIRM shall delivertotheCITYand FIRM certificatesofsuch insurance,acceptable to the CITY,aswellas the insurancebinder,if one isissued,the insurance policy,including the declaration page and all applicable endorsementsand provide thename,addressand telephone numberoftheinsuranceagentor broker throughwhom the policy was obtained.The insurer shall berated A.VII orbetterperAM.Best's Key Rating Guide,latest edition and authorized to issueinsurancein the State of Florida.All insurance policies mustbewrittenon forms approved bytheStateof Florida and theymust remainin full forceandeffectforthe duration ofthecontractperiodwiththeCITY.The FIRM maybe required bythe CITY,atitssole discretion,to provide a "certified copy"of the Policy(asdefined in Article I of this document)whichshallinclude the declarationpage andallrequired endorsements.In addition,the FIRM shall deliver,atthetimeofdeliveryof the insurancecertificate,the following endorsements: (1)apolicyprovisionoran endorsement with substantially similarprovisionsas follows: "The City of South Miami isan additional insured.The insurer shall pay all sums thattheCity of South Miami becomes legally obligatedtopayasdamages becauseof 'bodily injury",'property damage*,or "personal and advertising injury"anditwillprovidetotheCity all ofthecoveragethatis typically providedunderthe standard Florida approvedformsforcommercial general liability coverageAandcoverage B"; (2)(b)a policy provision or an endorsementwith substantially similar provisions as follows; 'This policy shall notbe cancelled (including cancellation fornon-paymentof premium),without firstgiving the City of South Miami ten (10)daysadvanced written notice of the intent tocancel or terminate the policyforanyreason." 6.1 Indemnification AThe FIRM acceptsand voluntarily incurs all risks ofany injuries,damages,or harm which might arise during theworkoreventthatis occurring onthe CITY's property duetothe negligence orother fault ofthe FIRM or anyone acting through oron behalf ofthe FIRM. B.The FIRM shall indemnity,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 orcost and expenses,including reasonable attorney's fees, paralegal fees and investigative costs incidental thereto and incurred prior to,during or following any litigation,mediation,arbitration and at all appellate levels,which may be suffered by,or accrued against,charged toor recoverable from theCityof 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 forthe loss or damage to any property arising outofa negligent error, omission,misconduct,or anygrossnegligence,intentionalact or harmful conduct of the FIRM,its contractor/subcontractor or any of their officers,directors,agents, representatives,employees,or assigns,or anyone acting through oron behalf of any of them,arising outof this Agreement,incident to it,or resulting from the performance or non-performance of the FIRM's obligations underthisAGREEMENTorwhicharisesoutof or Is concerning theuseof CITY property orthe service,operation or performance of any workthat is being performed for the CITY orof any event that is occurring onthe CITY's property. CThe FIRM shall pay all claims,losses and expenses of any kind or nature whatsoever,in connection therewith,including the expense or loss ofthe 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 and arising from the negligent error, omission,oractofthe FIRM,its Sub-Contractor or any oftheir agents,representatives, employees,or assigns,and/or arising out of,or incident to,this Agreement,or incident to or resulting from the performance or non-performance ofthe FIRM's obligations under this AGREEMENT.. 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 expensesof defending such claims which may result from or arise outof actions or omissions ofthe FIRM,its contractor/subcontractor or any of their agents,representatives, employees,or assigns,or anyone acting through oron behalf ofthe them,and arising out ofor concerning the work or event that is occurring on the CITY's property.In reviewing, approving or rejecting any submissions or acts ofthe FIRM,CITYinnoway assumes or shares responsibility or liability for the acts or omissions ofthe FIRM,its contractor/subcontractor or any of their agents,representatives,employees,or assigns,or anyoneacting through oronbehalfof them. The RRM has the duty to provide a defense with an attorney or law firm approved bythe CityofSouth Miami,which approval will notbe unreasonably withheld. EXHIBIT 2 AFFIDAVITS AND FORMS SUBMISSION REQUIREMENTS 1.Respondent's Sworn Statement UnderSection 287.I33(3)(A),FloridaStatutes,on Attachment #1 "Public Entity Crimes and Conflicts of Interest Affidavit," shallbe completed andprovidedwiththeproposalsubmittal. 2.Neither the individual(s)/firm,noranyofhis/her/itsemployeesshallbe permitted to represent anyclientbeforetheCommission or anyCommittee,department or agencyoftheCity,and shall agreenot to undertakeany other private representation which might createaconflictofinterestwiththeCity.The individual(s)/firm maynotrepresentany Commission member,individually,or,any memberof their family or any business inwhichtheCommissionmemberoftheir family hasan interest. 3.All proposalsreceived will beconsidered public records.TheCity will consider all quotations using suchcriteriaasthe Commission or City Manager may adoptat eitheroftheirsole discretion.The individual(s)/firm selected will berequiredto enterintoaformalagreementwiththeCityinaform satisfactory totheCity,prior totheexecutionof which theCity shall reserve all rights,including therightto changeits selection. 4.Respondents Attachment #2 "Drug Free Workplace"form shall be completedandprovidedwiththeproposalsubmittal 5.Respondent's Attachment #3 "No Conflict of Interest/Non Collusion Affidavit,"shall be completed and provided withthe proposal submittal. 6.Respondent's Attachment #4 "Acknowledgement and Conformance with OSHA Standards,"shall be completed and provided with the proposal submittal. 7.Respondent's Attachment #5 "Related Party Transaction Verification Form"shall be completed and provided with the proposal submittal. Page1 of10 Attachment #1 Public Entity Crimes and Conflicts of Interest Pursuant tothe provisions of Paragraph (2)(a)of Section 287.133,Florida State Statutes -"A person or affiliate who has been placed onthe convicted vendor list following a conviction for a public entity crime may not submit a Bid ona Contract to provide any goods or services toa public entity,may not submit a Bid ona Contract witha public entityforthe construction or repair ofa public building or public work,may not submit bids on leases of real property toa public entity,may notbe 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 ofthe threshold amount Category Twoof Section 287.017,Florida Statutes,for thirtysix (36)months from the date of being placed onthe convicted vendor list". The award of any contract hereunder is subject tothe provisions of Chapter 112,Florida State Statutes.BIDDERS must disclose with their Bids,the name of any officer,director,partner, associate or agent whois also an officer or employee oftheCityof South Miami orits agencies. SWORN STATEMENT PURSUANT TO SECTION 287.133 (3)(a), FLORIDA STATUTES.ON PUBLIC ENTITY CRIMES THISFORMMUSTBE SIGNED AND SWORN TO INTHEPRESENCEOFA NOTARY PUBLIC OR OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS. I.This sworn statement is'submitted to0fl>|;&f^tg&ltf^^^]TV\< t iprlninam^tf the public ehtijtyj Iprint-mdividuars name and title], [print nameof entity submittingfsworn statement]* whose business address is l^f^UO %LQ 5*Q>jQ Q$~~ and (if applicable)its Federal Enr^yfr idendficatioj^Wumber (FEIN)ls;^Jp~G0H &$*Tv(If the entity has no FEIN^n€^£te^Social^SgeUrity Number of thfelndiyiduaTsigning tjiis sworn statement:<3J '-#J-'Z--~1~~—"""""""''"""~*~"-•)' 2.Iunderstand that a/'>ur1JiE^^crime,,as defined in Paragraph 287.133 (l)(g),Florida Statutes,means a violation ofanystateor federal law byapersonwithrespectto and directly related tothe transaction of business with any public entityorwith an agency or political subdivision ofanyotherstateorofthe United States,including,butnot limited to,anybidorcontractfor goods or services tobe provided to any public entity or anagency or politicalsubdivisionofany other state or of the UnitedStatesand involving antitrust,fraud,theft,bribery,collusion,racketeering,conspiracy,or material misrepresentation. 3.I understand that "convicted"or "conviction"as defined in Paragraph 287.133 (l)(b), Florida Statutes,meansa finding ofguiltora conviction ofa public entitycrime,withor Page2 of10 without an adjudication of guilt,inany federal orstatetrial court of record relating to charges broughtby indictment or information after July I,1989,asaresultofa jury verdict,non-jurytrial,orentryofa plea ofguiltyornolo contender. I understand thatan "affiliate"asdefinedin Paragraph 287.133 (l)(a),Florida Statutes. means: (a)Apredecessoror successor ofa person convicted ofa public entity crime;or (b)Anentityunderthecontrolofany natural personwhoisactiveinthe management of theentityandwhohasbeenconvictedofa public entitycrime.The term "affiliate"includes those officers,directors,executives,partners,shareholders, employees,members,andagentswhoareactiveinthemanagementofan affiliate.The ownershipbyonepersonof shares constituting a controlling interestinany person,ora pooling of equipment orincomeamongpersonswhen not for fair marketvalueunder anarm'slengthagreement,shall bea prima facie casethatonepersoncontrolsanother person.Apersonwho knowingly entersintoajointventurewithapersonwho has beenconvictedofa public entitycrimein Florida during the preceding 36months shall be considered an affiliate. I understand thata"person"as defined in Paragraph 287.133 (l)(e),Florida Statutes. meansany natural personorentity organized underthe laws ofanystateorofthe United Stateswiththe legal powertoenterintoa binding contractandwhich bids or applies to bid on contracts forthe provision of goods or services led bya public entity, or which otherwise transacts or applies to transact business witha public entity.The term"person"includes those officers,directors,executives,partners,shareholders, employees,members,and agents who are active in management of an entity. Basedon information andbelief,the statement which I have marked below is true in relation totheentity submitting thisswornstatement.[Indicate whichstatement ^P»J Neithertheentity submitting thisswornstatement,noranyofits officers, doctors,executives,partners,shareholders,employees,members,or agents who are actj^Nin the management of the entity,nor any affiliate of the entity has been charged Wij(h an^l convicted of a public entity crime subsequent to July I,1989. The entity submittingthissworn statement,or one or more ofitsofficers, dihpJSrs,executives,partners,shareholders,employees,members,or agents who are aG^Ye^in the management ofthe entity,or an affiliate ofthe entity has been charged with andj^yicted of a public entity crime subsequent to July 1,1989. ne entity submitting this sworn statement,or one or more of itsofficers, <pr4ct/rs,executives,partners,shareholders,employees,members,or agents who are active in the management ofthe entity,or an affiliate ofthe entity has been charged with and Convicted ofa public entity crime subsequent of July I,1989.However,there has been a subsequent proceeding beforea Hearing Officer ofthe State of Florida,Division of Administrative Hearings and the Final Order entered bythe Hearing Officer determined thatit was not in the public interest to place the entity submitting this swornstatementonthe convicted vendor list,{attach acopyofthe final order.] Page 3 of10 Continuation of Attachment #2 Public Entity Crimes and Conflicts I UNDERSTAND THAT THE SUBMISSION OFTHISFORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY INDENTIFIED IN PARAGRAPH I (ONE)ABOVE IS FOR THAT PUBLIC ENTITY ONLY,AND THAT THISFORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED.I ALSO UNDERSTAND THAT I AMREQUIRED TO INFORMTHE PUBLIC ENTITYPRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVlDED^HsrSEglTION 287.017,FLORIDA STATUTES.FOR CATEGORY TWO OF ANY^fJANGE W THE INFORMATION CONTAINED IN THIS FORM. Sworn to and subscribed before me this (^Q^clay of fo/^ PC Personally known or Produced identification (Typeof identification) (Printed,typedor stamped commissionednameofnotary public) Form PUR 7068 (Rev.06/11/92) Notary Public -State of p\Q^<^3 My commission expires i)6l\7.^1;^.n. ^K|liv ALIYSON AVINS t:^'^{^'Notary Public -State ol Florida I 1$ll^f My Comrrk Expires aan23,2017l %f*8p Commission *EE 867804:1 Page4 of10 Attachment #2 "Drug Free Workplace" Whenever twoormore Bids whichare equal withrespecttoprice,quality andserviceare receivedbytheState or byany political subdivisions forthe procurement ofcommoditiesor contractual services,a Bid receivedfroma business thatcertifiesthatithasimplementeda drug-freeworkplaceprogram shall be given preferenceintheawardprocess.Established procedures for processing tie Bids will be followed ifnoneofthetiedvendors have a drug-free workplace program.In order to have a drug-free workplace program,a business shall: 1.Publish a statement notifying employeesthatthe unlawful manufacture,distribution, dispensing,possession,oruseofa controlled substance is prohibited inthe workplace and specifying theactionsthat will betaken against employeesfor violations ofsuch prohibition. 2.Inform employees aboutthe dangers of drug abuse inthe workplace,the business* policy of maintaining adrug-free workplace,any available drug counseling,rehabilitation, and employee assistance programs,and the penalties thatmaybe imposed upon employeesfordrugabuseviolations. 3.Give each employee engaged in providing the commodities or contractual services that areunder Bid acopyofthe statement specified in Subsection (I). 4.In thestatement specified in Subsection (I),notify the employees,that,asa condition of working onthe commodities or contractual services that are under Bid,the employee will abide bythetermsofthe statement and will notify the employer of any conviction of,or plea of guilty or nolo contender to,any violation of Chapter 893 orof any controlled substance law ofthe United States or any state,for a violation occurring in theworkplacenolaterthan five (5)days aftersuch 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 isso convicted. 6.Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section." Asthe person authorized to sign the statement,I certify above requirements. PROPOSER'S Signature: Print Name:f^{\) Date:££=> Page5 of 10 Attachment #3 "No Conflict of Interest/Non Collusion Affidavit" Submitted this OSday of KACX\J\,20 V.lJ\, The undersigned,as Bidder/Proposer,declares thatthe only persons interested inthis RFP are named herein;thatnoother 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 responseisineveryrespectfairandmadeingood faith,without collusion or fraud. The Bidder/Proposer agrees if this response/submission is accepted,to execute an appropriate CITY document forthe purpose of establishing a formal contractual relationship between the Bidder/Proposer and the CITY,forthe performance of all requirements to which the response/submission pertains. The Bidder/Proposer states thatthis 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 asfollows: \^MD €U>"9*\Jpi&- ..^^^TV ^u ^tSB^L The Bidder/Proposer further certifies that this respons#submlssto section 4(c)ofthe Charter of the City of Miami,Florida,that,to the best of itsfec^fec^no Commissioner, Mayor,orother officer or employee ofthe CITY has an htercst directly or indirectly inthe profits or emoluments of the Contract,job,work or servic^»to y$fdh the response/sut^fesipa pertains. Signature: Printed Name: ™«BmMM^ Telephone:3^^^ft £?JQ Company Name h UUVDV¥ft fr^pl/J ffi .Li A Continuation of Attachment #3No Conflict ofinter/Non-Collusion Certification Page6 of10 NOTARY PUBLIC: STATE OF Fj Q(S(U>. county of u\(\rst\\-T>(?vd D The foregoing instrument was ackriqwledged before me thisCfc^)day of ^ iwhose-sretfgnature isbeing notarized)who Is (name of person' i!'(J Wa't My Com*.SwkW*"2*2r7SEAL Personally known to me,or Personal identification: Type of Identification Produced Did take an oath,or Did Npjtakean oath*x (Nacn'&of Notary Public:Print,Stamp or type as commissioned.) FAILURE TO COMPLETE,SIGN,&RETURNTHIS FORM MAC*DISQUALIFYYOUR RESPONSE Page7 of 10 Attachment #4 'Acknowledgement and Conformance with OSHA Standards" TO THE CITY OF SOUTH MIAMI We^tTit ^^%;DySO\^A^-)ftone of Contractor)/hereby acknowledge and agree that as Contractors for this Solicitation,;as spjfeSiifled have the sole responsibility for compliance with all the requirements ofthe Federal Occupational Safety and Health Actof 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 duetothe failure of (subcontractor'snames): X^m^mrm p^rii ffi.i£§\m\M&.i (c to comply with such act orj^guiatioj CONTI ^m^P^ Name PrrQiri M\t- Title FAILURE TO COMPLETE.SIGN.&RETURN THISFORMMAY DISQUALIFY YOUR RESPONSE Page8 of 10 ATTACHMENT #5 "RELATED PARTY TRANSACTION VERIFICATION FORM" ("Firm")have N&me of Representative Company/Vendor/Entity readtheCityofSouth Miami (MCity")'s Codeof Ethics,J * Section 8A-1 oftheCity'sCodeofOrdinancesand I herebycertify,underpenaltyofperjurythattothebestofmy knowledge,information andbelief: (1)neither I northeFirmhaveanyconflictofinterest(asdefinedinsection8A-I)withregardtothecontractor businessthat I,and/or theFirm,am(are)about toperformfor,or to transact with,the City,and (2)neither I noranyemployees,officers,directorsofthe Firm,noranyonewhohasa financial interest greater than 5%Inthe Firm,hasany relative(s),as defined insection8A-I,whoisanemployeeoftheCityorwho is(are) anappointedorelected official oftheCity,orwho is(are)amemberofany public bodycreatedbytheCity Commission,/.e.,aboard or committee oftheCity[See Note #1 below],and (3)neither I northe Firm,noranyonewhohasa financial interestgreaterthan 5%inthe Firm,noranymemberof thosepersons'immediate family (i.e.,spouse,parents,children,brothersandsisters)hastransactedorentered intoany contracts)withtheCity or hasa financial interest,directorindirect,inany business being transacted withthecity,or withany person or agencyactingforthecity,other thanasfollows: •-—-•--^_-_,^(jf necessaryusea separate sheet tosupplyadditionalinformationthatwillnotfitonthis line butmakereferenceon thelineabovetothe separate sheet,I.e.,"seeattachedadditionalinformation"andmake reference tothis document and this paragraph ontothe additional sheet which additional sheetmustbe signed under oath).[See Note#l below];and (4)no elected and/or appointed official or employee ofthe City of South Miami,or any oftheir immediate family members (i.e.,spouse,parents,children,brothersand sisters)hasa financial interest,directly or indirectly,inthe contractbetweenyouand/oryourFirmandtheCityotherthanthe following individuals whoseinterest Is set forthfollowingtheir usea separate names: •.-Yif necessaryuseaseparate sheet tosupplyadditionalinformation that will not fitonthislinebutmake reference onthelineabovetothe separate sheet,i.e.,"see attached additional information"and make reference to this document and this paragraph ontothe additional sheet which additional sheet must be signed under oath).The names of all City employees and thatof all elected and/or appointed city officials or board members,who own,directly or indirectly,an interest of five percent (5%)or moreofthetotalassetsof capital stockinthefirmareas follows: ..<* necessary usea separate sheet tosupplyadditionalinformation that will not fitonthislinebutmake reference on thelineabovetothe separate sheet,i.e.,"see attachedadditionalinformation"andmakereferencetothis document and this paragraph on tothe additional sheet which additional sheet must be signed under oath).[See Note #I below] (5)I and the Firm further agree notto use or attempt to use any knowledge,property or resource which may cometousthroughourpositionoftrust,or throughourperformanceofourdutiesunderthetermsofthe 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 ofthe general public,for our personal gain or Notefl I:Whiletheethicscodestillapplies,IfthepersonexecutingthisformIsdoingsoonbehalfofafirm with more than 15 employees,thestatementinthissection shall be based solely onthe signatory's personal knowledge and he/she is not required to make an Independent investigation as tothe relationship of employees;ifthe firm isa publicly traded company, the statement in this section shall be based solely onthe signatory's personal knowledge and he/she Is not required to make anIndependentInvestigationastotherelationshipofemployeesorofthosewhohavea financial Interestinthe Firm orof the financial Interest inthe Firm ofcity employees,appointed officials orthe Immediate family membersof elected and/or appointed official or employee orastothe relationship by blood or marriage of employees,officers,or directors ofthe Firm, orofany oftheir Immediate family to any appointed orelected officials ofthe City,orto their Immediate family members.' benefit orforthe personal gain or benefit of any other person or business entity,outside ofthe normal gain or benefitanticipatedthroughtheperformanceofthe 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 forthe City,andthatwe have not appeared in representation ofany third party before any board,commission or agency oftheCity within thepasttwoyearsotherthanas follows: .-(ifnecessaryuseaseparate sheet tosupply additional information that will notfitonthis line but make reference onthe line above tothe separate sheet,i.e., "see attached additional information"and make reference tothis document andthis paragraph ontothe additional sheet which additional sheetmustbe signed underoath). (7)Neither I nor any employees,officers,or directors ofthe Firm,nor any oftheir immediate family (i.e.,asa spouse,son,daughter,parent,brotheror sister)is related by blood or marriage to:(I)any member ofthe City Commission;(ii)any city employee;or (iii)any member of any board or agency ofthe City other than as follows: .'(ifnecessaryuseaseparatesheettosupplyadditional information that will not fit on this line but make reference on the line above tothe separate sheet,I.e.,"see attached additional information"and make referencetothis document andthis paragraph ontothe additional sheet which additional sheetmustbe signed underoath).[See Note #1 below];and. (8)NoOther Firm,norany officers or directors ofthatOther Firm or anyone who has a financial interestgreater than 5%inthatOther Firm,noranymemberofthose persons'immediate family (i.e.,spouse,parents,children, brothers and sisters)nor any ofmy immediate family members (hereinafter referred toas "Related Parties")has respondedtoa solicitation bytheCityin which I orthe Firm that I representoranyonewhohasa financial interestgreaterthan 5%inthe Firm,oranymemberofthosepersons'immediate family (i.e.spouse,parents, children,brothersandsisters)havealso responded,otherthanthe following: „(ifnecessaryuseaseparate sheet tosupply additional information that will notfitonthis line butmake reference onthe line abovetotheseparatesheet,i.e.,"see attached additional information"andmakereferencetothis document andthis paragraph ontothe additional sheet which additional sheetmustbe signed under oath),[while theethicscode still applies,iftheperson executing this form is doing soon behalf ofa firm whosestockis publicly traded,the statement inthis section (8)shall be based solely onthe signatory's personal knowledge and he/she isnot required to make an independent investigation intothe Other Firm,orthe Firm he/sherepresents,astotheir officers,directorsor anyone having a financial interestinthose Firms oranyoftheir any member ofthose persons'immediate family.] (9)Iandthe Firm agree thatweare obligated to supplement this Verification Form and inform the City of any change in circumstances thatwould change our answers tothis document.Specifically,afterthe opening ofany responsestoasolicitation,I andtheFirmhavean obligation tosupplementthis Verification Formwiththenameof all Related Partieswhohavealsorespondedtothesame solicitation andtodisclosethe relationship ofthose parties to me and the Firm. (10)A violation oftheCity's Ethics Code,the giving ofanyfalse Information orthe failure to supplement this Verification Form,maysubjectmeorthe Firm to immediate termination ofanyagreementwiththe City,andthe imposition ofthe maximum fineand/oranypenalties allowed by law.Additionally,violationsmaybeconsideredby andsubjecttoactionbythe Miami-Dade County Commission on Ethics.Underpenaltyofperjury,Ideclarethat I Note #I:While the ethics code stillapplies,If the person executing this formisdoingsoon behalf ofa firm with more than 15 employees,the statement in this section shallbe based solelyon the signatory's personal knowledge and he/she is not required to make an Independent investigation asto the relationshipof employees;if the firmisapubliclytraded company, the statement Inthis section shall be based solelyon the signatory's personal knowledge and he/she is not required to make an independent investigation as to the relationship of employees orof those who haveafinancial interest In the Firmor of the financial interest in the Firm of city employees,appointed officialsorthe immediate family members of elected and/or appointed officialor employee orasto the relationship bybloodormarriageof employees,officers,or directors of the Firm, or of anyof their immediate family to any appointed or elected officialsoftheCity,orto their immediate family members. have madea diligent efifort^o^lnyestigate the matters to which I am attestin^)jer^inabove-and thatthe statements made hereinabove j&e^fie and correct to the/Oest ofmy kno^iodgen*nf6rmatlon:and belief. Signature:--Xi r-^v^T^^S Date:< ATTACHED: Sec.8A-I -Conflict of interest and code of ethics ordinance. MunicodePage I0f4 Sec.8A-1.-Conflict of Interest and code of ethics ordinance. (a)Designation. Thissectionshallbedesignatedandknownasthe"CityofSouth Miami ConflictofInterestandCodeof Ethics Ordinance."Thissection shall be applicable to all citypersonnelasdefinedbelow,andshallalsoconstitutea standard of ethical conductandbehaviorfor all autonomouspersonnel,quasi-judicial personnel,advisory personnelanddepartmentalpersonnel.The provisions ofthissection shall beappliedinacumulativemanner.By wayofexample,andnotasa limitation,subsections(c)and(d)maybe applied tothesamecontractor transaction. (b)Definitions.Forthepurposes of thissectionthe following definitions shall beeffective: (1)Theterm "commission members"shall refertothe mayor andthe members ofthecity commission. (2)Theterm "autonomous personnel"shall refertothemembersof autonomous authorities,boards and agencies, suchasthecitycommunityredevelopment agency andthehealth facilities authority. (3)Theterm "quasi-Judicial personnel"shall refertothemembersofthe planning board,the environmental review and preservation board,thecode enforcement board and such other individuals,boards and agencies ofthecityas perform quasi-judicial functions. (4)Theterm "advisory personnel"shall refertothe members ofthosecity advisory boards and agencies whose soleor primary responsibility isto recommend legislation or give advice tothecity commission. (5)The term "departmental personnel"shall refer tothe city clerk,thecitymanager,department heads,the city attorney,and all assistants tothecityclerk,city manager andcityattorney,howevertitled. (6)Theterm "employees"shall referto all other personnel employed bythe city. (7)Theterm "compensation"shall refertoanymoney,gift,favor,thingof 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,often percent or more ofthe outstanding capital stockinany corporation ora direct or indirect interestoften percent ormoreina firm, partnership,orother business entityatthetimeof transacting business withthe city. (9)The term "immediate family"shall refer tothe spouse,parents,children,brothers and sisters of the person involved. (10)Theterm "transact any business"shall refer tothe purchase or sale bythe city of specific goods or services for consideration and to submitting a bid,a proposal in response toa RFP,a statement of qualifications in response toa request bythe city,or entering into contract negotiations forthe provision onanygoodsor services, whichever first occurs. (c)Prohibition ontransactingbusinesswiththecity. Note#I:Whiletheethicscodestillapplies,ifthepersonexecutingthisformIsdoingsoonbehalfofafirm with morethan 15 employees,thestatementIn this section shall be based solely onthe signatory's personal knowledge and he/she isnot required to make an Independent Investigation as tothe relationship ofemployees;If the firm is a publicly traded company, the statement In this section shall be based solely onthe signatory's personal knowledge and he/she isnot required to make an Independent Investigation astothe relationship ofemployeesorofthosewhohavea financial Interest in theFirmorof the financial Interest inthe Firm ofcity employees,appointed officials orthe immediate family members of elected and/or appointed official or employee orastothe relationship by blood or marriage of employees,officers,or directors ofthe Firm, orof any of their immediate family to any appointed or elected officials ofthe City,ortotheirImmediate family members. No person included in the terms defined in paragraphs (b)(1)through (6)and In paragraph (b)(9)shall enter into any contract or transact any business in which that person ora member ofthe immediate family has a financial interest,direct or indirect with the city or any person or agency acting forthe city,and any such contract, agreement or business engagement entered inviolationofthissubsectionshall render the transaction voidable. Willful violation ofthissubsection shall constitute malfeasance in office and shall affectforfeitureof office or position.Nothing inthissubsection shall prohibitor make illegal: (1)The payment oftaxes,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 underwritersordirectlyfromtimetotime. Waiver ofprohibition.The requirements ofthis subsection may be waived for a particular transaction only by four affirmative votesofthecitycommission after public hearing upon finding that: (1)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 ofthe practice of architecture,professional engineering,or registered land surveying,as defined bythe laws ofthestateand pursuant tothe provisions ofthe Consultants1 Competitive Negotiation Act,and when the proposal has been submitted by a city person defined in paragraphs (b)(2),(3)and (4); (3)The property or services tobe involved in the proposed transaction are unique and the city cannot avail itself ofsuchpropertyorserviceswithoutenteringatransaction which wouldviolatethissubsectionbut forwaiverofits requirements;and (4)Thattheproposed transaction will beinthebestinterestofthe city. This subsection shall be applicable only to prospective transactions,and the city commission may inno case ratify a transaction entered in violation of this subsection. Provisions cumulative.This subsection shall be taken tobe cumulative and shall notbe construed to amend or repeal any other law pertainingtothesamesubjectmatter. (d)Further prohibitionontransacting business with the city. No person included intheterms defined in paragraphs (b)(1)through (6)and in paragraph (b)(9)shall enter into anycontractortransactany business througha firm,corporation,partnership or business entityin which that person or any member ofthe immediate family has a controlling financial interest,director indirect,with the city oranypersonor agency acting forthe city,andany such contract,agreement or business engagement enteredin violation of this subsection shall render the transaction voidable.The remaining provisions of subsection (c)will alsobe applicable tothis subsection as though incorporated by recitation. Additionally,no person included in the term defined in paragraph (b)(1)shall voteonor participate in any way in any matter presented tothecity commission ifthat person has any ofthe following relationships withanyofthe personsor entities which wouldbeor might be directly or indirectly affected byanyactionofthecity commission: (I)Officer,director,partner,of counsel,consultant,employee,fiduciary or beneficiary;or (2)Stockholder,bondholder,debtor,orcreditor,ifin any instance the transaction ormatter would affect the person defined in paragraph (b)(1)ina manner distinct from the manner inwhich it would affect the public generally.Any person included intheterm defined in paragraph (b)(I)who has any ofthe specified relationships orwho would or might,directly or indirectly,realize a profit bythe action ofthe city commission shall notvoteon or participate inanywayin the matter. (E)Gifts. (l)Defmition.Theterm "gift"shall refertothetransferof anything of economic value,whetherintheformof money,service,loan,travel,entertainment,hospitality,item orpromise,orinany other form,without adequate andlawful consideration. (2)Exceptions.The provisions of paragraph (e)(1)shall not apply to: a.Political contributions specifically authorizedbystate law; Note#I:Whiletheethicscodestillapplies,If the personexecuting this form Is doingsoonbehalfofa firm with morethan 15 employees,the statement in thissection shall bebasedsolelyonthe signatory's personalknowledgeandhe/sheisnot requiredtomakeanIndependentInvestigationastotherelationshipofemployees;ifthefirmisapubliclytradedcompany, the statement inthissectionshallbebasedsolelyonthesignatory'spersonalknowledgeandhe/sheIsnotrequiredtomake an independent investigation as to the relationship of employees orof those who haveafinancial interest in the Firm or of the financial InterestIntheFirm of city employees,appointedofficialsorthe immediate family members ofelectedand/or appointed officialor employee orasto the relationshipbybloodormarriage of employees,officers,or directors of theFirm, orofanyoftheir immediate familytoany appointed orelectedofficialsofthe City,orto their Immediate family members. b.Giftsfromrelatives or members ofone'shousehold,unlesstheperson is aconduitonbehalfofathirdpartyto thedeliveryofagiftthatis prohibited underparagraph(3); c.Awardsfor professional or civic achievement; d.Material suchasbooks,reports,periodicals or pamphlets which aresolely informational orofan advertising nature. (3)Prohibitions.ApersondescribedInparagraphs (b)(1)through(6)shall neither solicit nor demandanygift.Itis also unlawful forany person or entitytooffer,give or agreetogivetoany person includedinthetermsdefinedin paragraphs (b)(1)through(6),orforanyperson Included inthetermsdefinedinparagraphs (b)(1)through(6)to accept or agreeto accept from another person or entity,anygiftforor because of: a.An official publicactiontaken,ortobetaken,orwhichcouldbetaken,oranomission or failuretotakea public action; b.A legal dutyperformedortobeperformed,orwhichcouldbeperformed,or anomissionor failure toperform alegalduty; c.A legal dutyviolated or tobeviolated,or whichcouldbeviolatedbyany person includedinthetermdefinedin paragraph (b)(1);or d.Attendance or absencefromapublicmeetingatwhich official actionIstobetaken. (4)Disclosure.Anypersonincludedintheterm defined in paragraphs (b)(1)through(6)shalldiscloseany gift,or seriesof gifts fromanyoneperson or entity,having a value inexcessof$25.00.Thedisclosure shall bemadeby filing acopyofthedisclosureformrequiredbychapter 112,FloridaStatutes,for "local officers"withthecityclerk simultaneously with the filing oftheformwiththeclerkofthecountyand with the Florida Secretary ofState. (f)Compulsorydisclosure by employees of firms doingbusinesswiththecity. Should anyperson included intheterms defined in paragraphs (b)(1)through(6)be employed bya corporation, firm,partnership or business entityin which that person orthe immediate family doesnot have a controlling financial interest,andshouldthecorporation,firm,partnership or businessentityhavesubstantialbusiness commitments toorfromthecityoranycity agency,orbe subject todirect regulation bythecityoracityagency, thentheperson shall file aswornstatement disclosing such employment andinterestwiththeclerkofthe city. (g)Exploitation of official position prohibited. Noperson included intheterms defined in paragraphs (b)(l)through (6)shall corruptlyuseorattempttousean official position tosecure special privileges or exemptions forthatpersonorothers. (h)Prohibitiononuse of confidential information. No person included intheterms defined in paragraphs (b)(1)through (6)shall accept employment or engage In any business or professional activitywhichonemight reasonably expectwould requireor induce oneto disclose confidential information acquired by reason ofan 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 everuse such information,directly or indirectly,for personal gain or benefit (i)Conflicting employment prohibited. No person included in the terms defined in paragraphs (b)(1)through (6)shall accept other employment which would impair independence of judgment inthe performance ofany public duties. (J)Prohibitionon 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 ofthe 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 tobe used or where such employment or any part thereof is tobeperformedoncitytime. Note#I:Whiletheethicscodestill applies,If the person executing this formis doing soonbehalfofa firm with morethan 15 employees,thestatementIn this section shall be based solely onthe signatory's personal knowledge and he/she isnot required to make an Independent Investigation as tothe 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 isnotrequired to make an Independent Investigation astothe relationship of employees orofthosewhohavea financial interest In the Firm orof the financial Interest inthe Firm ofcity employees,appointed officials orthe immediate family members of elected and/or appointed official or employee or as tothe relationship byblood ormarriage of employees,officers,ordirectors ofthe Firm, orofany oftheir Immediate family to any appointed orelected officials ofthe City,orto their immediate family members.' b.When permitted.A full-time city employee may accept incidental or occasional outside employment so long as such employment isnot contrary,detrimental or adverse tothe interest ofthe city or any ofits departments and the approval requiredinsubparagraphc.isobtained. c.Approval of department head required.Any outside employment by any full-time city employee must first be approved in writing bythe employee's department head who shall maintain acompleterecordofsuch employment d.Penalty.Any person convicted of violating any provision ofthis subsection shall be punished as provided in section I-11 oftheCodeof Miami-Dade County and,In addition shall be subject to dismissal bythe appointing authority.Thecity may also assess against a violator a fine notto exceed $500.00 and thecostsof investigation incurredbythecity. (2)All full-time city employees engaged in any outside employment for any person,firm,corporation or entity other than the city,or any ofits agencies or instrumentalities,shall file,under oath,an annual report indicating the sourceoftheoutside employment,thenatureofthework being doneandanyamountof money orother consideration received bythe employee from the outside employment.City employee reports shall be filed with the city clerk.Thereports shall be available ata reasonable timeand place for Inspection bythe public.The city managermayrequiremonthly reports from individual employees orgroupsofemployeesforgood cause.:, (k)Prohibited investments. No person included In theterms defined in paragraphs (b)(1)through (6)ora member ofthe immediate family shall have personal investments in any enterprise which will create a substantial conflict between private interests andthepublic interest (I)Certain appearances and payment prohibited. (1)Noperson included intheterms defined in paragraphs (b)(1),(5)and(6)shall appearbeforeanycityboardor agency andmakeapresentationonbehalfofathirdpersonwithrespecttoanymatter,license,contract, certificate,ruling,decision,opinion,rate schedule,franchise,orother benefit soughtbythethirdperson.Nor shall theperson receive anycompensationor gift,directly or indirectly,forservicesrenderedtoathirdperson,who has applied fororisseekingsomebenefitfromthecityoracity agency,In connectionwiththe particular benefit soughtbythethirdperson.Nor shall thepersonappearinanycourtorbeforeany administrative tribunal as counselor legal advisortoapartywhoseeks legal relieffromthecityoracityagencythroughthesuitinquestion. (2)Noperson included intheterms defined in paragraphs (b)(2),(3)and(4)shall appearbeforethecity commissionoragencyonwhichthe person serves,eitherdirectlyorthroughanassociate,andmakea presentationonbehalfofathirdpersonwithrespecttoanymatter,license,contract,certificate,ruling,decision, opinion,rate schedule,franchise,or other benefitsoughtbythethirdperson.Nor shall suchpersonreceiveany compensation or gift,directly or indirectly,forservicesrenderedtoathirdpartywhohas applied fororis seeking somebenefitfromthecity commission or agency on which thepersonservesinconnectionwiththe particular benefitsoughtbythethirdparty.Norshallthepersonappear In anycourtorbeforeany administrative tribunalas counselor legal advisor toathirdpartywhoseeks legal relief fromthecity commission or agency on which such person servesthroughthesuitinquestion. (m)Actions prohibited when financialInterestsInvolved. Noperson included intheterms defined in paragraphs (b)(I)through(6)shall participateinany official action directlyor indirectly affecting abusinessin which thatpersonoranymemberofthe immediate family hasa financial interest A financial interestis defined inthis subsection to include,butnotbe limited to,anydirector indirect interest inany investment,equity,or debt (n)Acquiringfinancial interests. NopersonincludedInthe terms definedinparagraphs (b)(1)through(6)shallacquirea financial interest ina project,businessentityor property atatimewhenthepersonbelievesorhasreasontobelieve that the financial interest maybedirectlyaffectedby official actions or by official actionsbythecity or cityagencyofwhichthe person isan official,officer or employee. (0)Recommending professional services. Note #I:While the ethics code still applies,If the person executing thisformIsdoingsoon behalf of afirm with more than 15 employees,the statement inthis section shallbebasedsolelyonthesignatory'spersonal knowledge andhe/sheisnot requiredto make an independent investigation astotherelationshipof employees;if the firmisapubliclytradedcompany, 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 orof those who have afinancial interest in the Firm orof the financial interest in the Firm of city employees,appointed officialsor the immediate family members of elected and/or appointed officialor employee orasto the relationship bybloodor 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 intheterms defined in paragraphs (b)(1)through (4)may recommend the services of any lawyer orlaw firm,architector architectural firm,public relations firm,oranyotherpersonor firm,professional orotherwise,toassistinanytransactioninvolvingthecityoranyofitsagencies,providedthatarecommendation mayproperlybemadewhenrequiredtobemadebythedutiesof office and in advance ata public meetingattendedbyothercity officials,officers or employees. (p)Continuing application after cityservice. (1)No person included intheterms defined in paragraphs (b)(1),(5)and (6)shall,fora period oftwo years after hisorhercityserviceoremploymenthas ceased,lobbyanycity official [as defined In paragraphs (b)(1)through (6)]in connection with any judicial orother proceeding,application,RFP,RFQ,bid,request for ruling orother determination,contract,claim,controversy,charge,accusation,arrestorother particular subject matterinwhichthecityoroneofits agencies isapartyorhasanyinterestwhatever,whether director indirect. Nothing contained inthis subsection shall prohibit any individual from submitting a routine administrative request or application toacitydepartmentor agency during thetwo-yearperiodafterhisorherservicehas ceased. (2)The provisions ofthe subsection shall not apply to persons who become employed by governmental entities, 501(c)(3)non-profit entitles or educational institutions or entitles,and who lobby on behalf ofthose entities in theirofficialcapacities. (3)The provisions of this subsection shall apply to all persons described in paragraph (p)(l)whose city service or employmentceasedafter the effectivedateoftheordinancefromwhichthissectionderives. (4)No person described in paragraph (p)(l)whose city service or employment ceased within two years prior to the effective date ofthis ordinance shall fora period oftwo years after his orher service or employment enter Into a lobbying contract to lobby anycity official in connection with any subject described in paragraph (p)(l)in whichthecityoroneof Its agencies isapartyor has anydirectand substantial interest;andinwhichheorshe participated directly or indirectly through decision,approval,disapproval,recommendation,the rendering of advice,investigation,or otherwise,during his orher city service or employment.A person participated "directly" where heor she was substantially Involved in the particular subject matter through decision,approval,disapproval, recommendation,the rendering of advice,investigation,or otherwise,during hisorhercity service or employment.A person participated "indirectly"where heor 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 orhercity service or employment.All persons covered by this paragraph shall execute an affidavit ona form approved bythe city attorney prior to lobbying any city official attesting thatthe requirements ofthis subsection donot preclude the person from lobbying city officials. (5)Any person who violates this subsection shall be subject tothe penalties provided in section 8A-2(p). (q)Cityattorneytorenderopinionsonrequest. Whenever any person included in the terms defined in paragraphs (b)(1)through (6)and paragraph (b)(9)is in doubt astothe proper interpretation or application of this conflict of interest and codeof ethics ordinance,or whenever any person who renders services tothe city is in doubt as tothe applicability ofthe ordinance that person,may submit tothe city attorney a full written statement ofthe facts and questions.The city attorney shall then render an opinion to such person and shall publish these opinions without use ofthe name ofthe person advised unlessthepersonpermitstheuseofaname. (Ord.No.6-99-1680,§2,3-2-99) Editor's note-Ord.No.6-99-1680,§1,adopted 3-2-99,repealed §§8A-I and 8A-2 in their entirety and replaced themwithnew§§ 8A-I and 8A-2.Former §§8A-I and 8A-2 pertained to declaration of policy and definitions,respectively,and derived from Ord.No.634,§§I (I A-1),I (I A-2)adopted Jan ...II,1969. Note*I:Whiletheethicscodestill applies.If the person executing this form is doing soonbehalfofafirmwithmorethan 15 employees,thestatementin this section shall be based solely onthe signatory's personal knowledge and he/she isnot required to make an independent investigation astothe relationship ofemployees;Ifthe firm Is a publicly traded company, the statement in this section shall be based solely onthe signatory's personal knowledge and he/she Is not required to make an Independent investigation astothe relationship ofemployeesorofthosewhohavea financial InterestInthe Firm orof the financial interest inthe Firm ofcity employees,appointed officials orthe immediate family members of elected and/or appointed official or employee or as tothe relationship byblood ormarriage of employees,officers,ordirectors ofthe Firm, orofany oftheir immediate family to any appointed orelected officials ofthe City,orto their immediate family members. Exhibit I Insurance and Indemnification I.I Insurance - A.Without limiting its liability,the vendor,contractor,consultant or consulting firm (hereinafterreferredtoas "FIRM"withregardto Insurance and Indemnification requirements)shall berequiredtoprocureand maintain atitsownexpense during the life oftheContract,insuranceofthetypesand in the minimum amountsstatedbelowas will protect the FIRM,from claims which may ariseoutof or resultfromthecontractorthe performance ofthecontractwiththe City of South Miami,whethersuch claim is against the FIRM orany sub-contractor,orby anyone directly or indirectly employed byanyofthemor byanyoneforwhoseactsanyofthem may be liable. B.No insurance requiredbythe CITY shall be issued orwrittenbya surplus lines carrier unlessauthorizedinwritingbythe CITY andsuchauthorizationshallbeatthe CITY's sole andabsolutediscretion.The FIRM shall purchase insurance fromand shall maintain the insurancewithacompany or companies lawfully authorizedtosellinsuranceintheStateof Florida,onformsapprovedbytheStateof Florida,as will protectthe FIRM,ata minimum, from all claims assetforthbelow which may ariseoutoforresultfromthe FIRM's operationsunderthe Contract andforwhichthe FIRM maybe legally liable,whether such operations bebythe FIRM orbya Subcontractor or by anyone directly or indirectly employed byanyofthem,orbyanyoneforwhoseactsanyofthemmaybe liable:(a)claims under workers'compensation,disability benefit andother similar employee benefit acts which are applicable totheWorktobe performed;(b)claims for damages because of bodily injury,occupational sickness or disease,ordeathofthe FIRM's employees;(c)claims for damages becauseof bodily injury,sickness or disease,ordeathofanyperson other thanthe FIRM's employees;(d)claims for damages insured by usual personal injury liability coverage; (e)claims for damages,otherthantotheWork itself,because of injury toor destruction of tangible property,including lossofuse resulting there from;(f)claims for damages because of bodily injury,deathofapersonorproperty damage arising outof ownership, maintenance oruseofamotor vehicle;(g)claims for bodily injury orproperty damage arising outofcompletedoperations;and(h)claims involving contractual liability insurance applicable tothe FIRM's obligations undertheContract. 2.1 Firm'sInsuranceGenerally The FIRM shall provide and maintain inforceand effect until alltheWorktobe performed underthis Contract hasbeencompletedandacceptedby CITY (orforsuchdurationasis otherwise specified hereinafter),the insurance coverage writtenon Florida approved forms and as set forth below: A.Professional Liability insuranceona Florida approvedformintheamountof $1,000,000 withdeductibleper claim ifany,nottoexceed5%ofthelimitof liability providing for all sums which the FIRM shall become legally obligated to payas damages for claims arising outofthe services orworkperformedbythe FIRM Itsagents,representatives,Sub-Contractorsor assigns,orbyanyperson employed or retained byhiminconnectionwiththis Contact.Thisinsurance shall be maintained forfouryearsafter completion oftheconstructionand acceptance of anyProjectcoveredbythisContact.However,the FIRM may purchaseSpecificProjectProfessional Liability Insurance,in the amount and under the terms specifiedabove,whichisalsoacceptable. B.Workers'Compensation Insurance atthe statutory amount asto all employees incompliancewiththe "Workers'Compensation Law"oftheStateof Florida including Chapter440,Florida Statutes,aspresently written orhereafter amended,and all applicable federal laws.Inaddition,the policy(ies)must include: Employers'Liability atthestatutorycoverageamount.The FIRM shall further insurethat all ofitsSubcontractors maintain appropriatelevelsof Worker's Compensation Insurance. C.Commercial Comprehensive General Liability insurance with broadform endorsement,aswellasautomobile liability,completed operationsandproducts liability,contractual liability,severability ofinterestwithcross liability provision, andpersonalinjuryandpropertydamage liability withlimits of $1,000,000 combined singlelimitperoccurrenceand$2,000,000 aggregate,including: •Personal Injury:$1,000,000; •Medical Insurance:$5,000perperson; •Property Damage:$500,000each occurrence; •Automobile Liability:$1,000,000 each accident/occurrence. •Umbrella:$1,000,000per claim D.Umbrella Commercial ComprehensiveGeneral Liability insurance shall be writtenona Florida approvedformwiththesamecoverageasthe primary insurance policy butintheamountof $1,000,000 per claim and $2,000,000 Annual Aggregate.Coverage mustbeaffordedonaformnomorerestrictive thanthelatest edition ofthe Comprehensive General Liability policy,without restrictive endorsements,as filed bytheInsuranceServicesOffice,and must include: (1)PremisesandOperation (2)Independent Contractors (3)Productsand/orCompletedOperationsHazard (4)Explosion,Collapse and Underground Hazard Coverage (5)BroadFormProperty Damage (6)Broad Form Contractual Coverage applicable tothis specific Contract, including anyhold harmless and/or indemnification agreement. (7)Personal Injury Coverage with Employee and Contractual Exclusions removed,with minimum limits of coverage equal tothose required for Bodily Injury Liability and Property Damage Liability. E.Business Automobile Liability withminimumlimitsofOne 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 mustbe afforded onaformnomore restrictive than the latest edition ofthe Business Automobile Liability policy, without restrictive endorsements,as filed bywiththestateof Florida,andmust include: (1)Owned Vehicles. (2)Hiredand Non-Owned Vehicles (3)Employers'Non-Ownership >%«ro#?£y CERTIFICATE OF LIABILITY INSURANCE OP ID:MR DATE(MM/DD/YYYY) 05/06/14 THIS CERTIFICATE IS ISSUED ASA MATTER OF INFORMATION ONLYAND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND ORALTERTHE COVERAGE AFFORDED BYTHE POUCIES BELOW.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING 1NSURER(S),AUTHORIZED REPRESENTATIVE ORPRODUCER,ANDTHECERTIFICATEHOLDER. IMPORTANT:If the certificate holder Isan ADDITIONAL INSURED,the pollcyfles)mustbe endorsed.If SUBROGATION IS WAIVED,subject to the terms and conditions ofthe policy,certain policies mayrequire an endorsement.A statement on this certificate doesnot confer rights tothe certificate holder In lieu ofsuch endorsements). PRODUCER Combined Underwriters of Miami 8240 N.W.52 Terr,Suite 408 Miami.FL 33166 SUSAN SANCHEZ-ARMENGOL FIREPOWER DISPLAYS UNLIMITED INC FIREWORKS DISPLAYS UNUMITED LLC 14240 SW 256 ST,PRINCETON,FL 305-477-0444 305-599-2343 COVfeRAGES CERTIFICATE NUMBER; CONTACT NAME! PHONE OH***- ADDRESS? PRODUCER:.ciDCD ACUSTOMERIMferlREF-1. INSURER(S)AFFORDING COVERAGE INSURER A; I FAX . insurer a;JAMES RIVER INSURANCE CO. INSURER D: INSURERS; INSURER F; REVISION NUMBER: THIS.IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TOTHE INSURED NAMED ABOVE FORTHE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERMOR CONDITION OF ANY CONTRACT OROTHER DOCUMENT WITH RESPECTTO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OFSUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BYPAID CLAIMS. INSRI MEL TYPE OF INSURANCE GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY I CLAIMS-MADE |X|OCCUR GENT.AGGREGATE LIMITAPPLIES PER: ~1 POLICY E li'SSSSr I Iloc AUTOMOBILE UABIUTY ANY AUTO .ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON-OWNED AUTOS UMBRELLA LIAB DEDUCTIBLE RETENTION $ OCCUR CLAIMS-MADE WORKERS COMPENSATION AND EMPLOYERS'LIABILITY y f N ANY PROPRIETOR/PARTNER/EXECUTIVE I 1 OFFICER/MEMBER EXCLUDED?(Mandatory InNH)'' Ifyes,describe under DESCRIPTIONOFOPERATIONSbelow KD'DTISUim m&.WQ.POUCY NUMBER N/A 00036503-4 00036503-4 00036503-4 MMmmmm LIMITS 02/28/14 02/28/14 02/28/14 02/28/15 02/28/15 02/28/15 EACH OCCURRENCE TOMSSE TO RENTED PREMISES (Ea occurrence). MEDEXP(Anyone person) PERSONAL &ADV INJURY GENERAL AGGREGATE PRODUCTS .COMP/OP AGG COMBINED SINGLE LIMIT (Ea accident) BODILYINJURY(Perperson) BODILY INJURY(Peraccident) PROPERTY DAMAGE (Ptr accident) COMP DED COLLDED EACH OCCURRENCE I WC STATU-|lOTfT•JJWLWITS I Jer. E.L.EACH ACCIDENT E.L DISEASE -EA EMPLOYEE E.L DISEASE -POLICY LIMIT 2,000,000 2,000,000 3,000,000 2,000,000 5,000,000 1.00C 1.00C r?SffSv r\W£F^WJS5'WCADA?S'VEH,CLf3 (Attach ACORD101,Additional Remark*Schedule,If more epace Ib required) DISPLAY SITE:PALMER PARK.6100 SW 67 AVE SO.MIAMIADDITIONALINSURED:SO.MlAMI MIDDLE SCHOOL.SO.MIAMI ELEMENTARY SCHOOL, MIAMIDADE PARKS &RECREATION,PALMER PARK,MIAMI-DADECOUNTY, CITYOFSOUTH MIAMI /CERTIFICATEHOLDER CERTIFICATE HOLDER CITY OF SOUTH MIAMI 444 SW 2 AVE MIAMI,FL 33145 ACORD25(2009/09) CITYOF CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THEEXPIRATIONDATE THEREOF,NOTICEWILLBEDELIVEREDIN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE (^tX^AJis^K^^^^^U^/XJ^/w^V^ ©1988-2009 ACORD CORPORATION.AH rights reserved. The ACORD name and logo are registered marks of ACORD ACORO CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 5/6/2014 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.THISCERTIFICATEOFINSURANCEDOESNOTCONSTITUTEACONTRACTBETWEENTHEISSUINGINSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT:If the certificate holder Is anADDITIONALINSURED,the pollcy(les)must be endorsed.If SUBROGATION ISWAIVED,subject tothe terms and conditions of the policy,certain policies may requirean endorsement.A statement on this certificate does not confer rightsto the certificateholder In lieu ofsuchendors ernent(s).__„_ producer C0MBINED UNDERWRITERS 8240 NW 52ND TERRACE #408 PO BOX 528020 MIAMI FL 331528020 FIREPOWER DISPLAYS UNLIMITED INC 14240 SW 256TH STREET PRINCETON FL 33032 FEIN:200162633 name?07 RONALD MLASTER PHONE fAjC.No.Bxtt! INSURER(S)AFFORDING COVERAGE INSURER A;pWCJUA INSURER B : INSURER C: INSURER D; rFAX IfA/CNo): COVERAGES CERTIFICATE NUMBERS 1405060011 REVISION NUMBER: INSR THIS IS TO CERTIFY THATTHE fcOLJCfcSQF INSURANCE LISTEDBELOW HAVE BEENISSUEDTOTHE INSURED NAMED ABOVEFORTHE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERMOR CONDITION OFANYCONTRACTOR OTHER DOCUMENT WITHRESPECTTO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TOALL THE TERMS, EXCLUSIONSANDCONDITIONSOFSUCHPOLICIES.LIMITSSHOWNMAYHAVEBEENREDUCEDBYPAIDCLAIMS. POLICY EXPper tNSR [STJB117 polIcWfF (MiwoorTYPEOFINSURANCE GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY 1CLAIMS-MADE (1OCCUR GEN'L AGGREi^tE UMIT APPLIES PER: HpOLICy1H1&fl-LOC AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS HIRED AUTOS SCHEDULED AUTOS NON-OWNED AUTOS UMBRELLA LIAB EXCESS LIAB OCCUR CLAIMS-MADE PEP I RETENTIONS WORKERS COMPENSATION AND EMPLOYERS'LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICE/MEMBER EXCLUDED? (MandatoryIn NH) If yesVde'sctfbb under DESCRIPTION OFOPERATIONS hffnff .V-/.H, Y: POLICY NUMBER • 0698N565 DD (MM/PPJYYYY) 6/30/2013 6/30/2014 LIMITS EACH OCCURRENCE TJATWRSETCr^ENTEtJ PREMISES (Ea occurrence) MED EXP (Any one person) PERSONAL &ADV INJURY GENERAL AGGREGATE PRODUCTS -COMP/OP AGG :C^M|INEDSWGLeLiMlt' BODILYINJURY(Perperson) BODILYINJURY(Peraccident) saaBF**" EACH OCCURRENCE V I WC STATU-|*ITORYLIMITS I TOTH- •Ob. E.L.EACH ACCIDENT ISDDjQiMlflQL E.L.DISEASE -EA EMPLOYEE S 500,000.00 E.L DISEASE-POLICY LIMIT s 500,000.00 DESCRIPTION OF OPERATIONS /LOCATIONS /VEHICLES (Attach ACORD 101,Additional Remarks Schedule,Ifmore space la required) CERTIFICATE HOLDER CITY OF SOUTH MIAMI 444 SW 2 AVE CANCELLATION SHOULDANYOFTHEABOVEDESCRIBEDPOLICIESBECANCELLEDBEFORE THEEXPIRATIONDATETHEREOF,NOTICEWILLBE DELIVERED IN ACCORDANCE WITHTHE POLICY PROVISIONS. MIAMI PhoneNumber FL 33145 AUTHORIZED REPRESENTATIVE ^t"^^23054770444 ACORD25(2010/05) &&&t& ©1988-2010ACORD CORPORATION.Allrightsreserved. TheACORD name andlogoare registered marks ofACORD StoutTate,Maria From: Sent: To: Cc: Subject: Attachments: Payne,Nkenga Tuesday,May 13,2014 10:13 AM kulick,Steven P Stout-Tate,Maria Emailing:FIREWORKS DISPLAYS -ITQ #SE2014-02 July 4th Fireworks Display FIREWORKS DISPLAYS -ITQ #SE2014-02 July4th Fireworks Display.pdf FIREWORKS SPLAYS -ITQ#SE2 ttachedpleasefindthebidsubmittedby Fireworks DisplaysforITQ #SE2014-02 July4th Fireworks Display at Palmer Park. Thanks, Nkenga "Nikki"Payne,CMC Deputy City Clerk City of South Miami 6130 Sunset Drive South Miami,FL 33143 (305)663-6340 office (305)663-6348 fax npayne@southmiamif1.gov www.southmiamif1.gov Pleasenote:ThestateofFloridahasaverybroadpublicrecords law.Written communications,including emails,are therefore subject to disclosure tothe public and media upon request. From:kulick,Steven P Bcc:"info(afirepowerdisplavs.com";"fireworkdlspIaysunIimited@Qmail.com":"masonmever@zambeiiifireworks.com": "info@partysparks.com";"Frank(5)fireworkspros.com" Subject:ASolicitationHasBeenAdvertised Date:Monday,May 05,2014 11:06:00 AM A solicitation has been advertised and posted on the City's website: http://www.southmiamifl.gov/ PROJECT NAME:July 4.2014 Fireworks Display at Palmer Park RFP/RFQ/LOI/ITQ CLOSE DATE:May 13.2014 at10 AM Bid Advertisement:Once the Bid Solicitation is issued,the Cone of Silence goes into effect.The ConeofSilence begins when the bidis advertised and ends when the City Manager or designee issues a written recommendation for award.Potential bidders cannot discuss any aspect ofabid that has been advertised withCity personnel during the ConeofSilence.All communication must be in writing. Pre-bid Meetings:TheConeofSilenceis temporarily liftedat the beginningof the published start time and date.At the end of the pre-bid meeting,the ConeofSilenceis reinstated. Bid Opening:Cone of Silence stillin effect. Bid Proposals:Cone of Silence stillin effect. Award:ConeofSilencelifted once written recommendation has been made publiclyto the Commission by the City Manager. Forany questions or concerns,please submit them tomeinwriting immediately. Regards, Steven Kulick,C.P.M. Purchasing Monoger/Central Services City of South Miami -6130 Sunset Drive-SouthMiami,Fl 33143 Ph:305/663-6339;Fax:305/663-6346 -Email:skulick(a)southmiamifLgov Light FX Pros»Contact LIGHT ame*Steven Kulick,Purchasing Manage Email*skulick@southmiamifl.gov ~~ The City of South Miami has issued a solicitation for a July 4th Fireworks display.Refer to the link to the solicitation below: http://fl- southmiarai.civicplus.com/bids.aspx? bidID=20 i&tt'ftffc.- Dat&of Event*64-67-2614 •hh •01 •02 •03 •04 •05 •06 •07 •08 •09 •10 •11 Like <JjTji Tweet j<J0 J Call us!305-760-4969 http://lightfxpros.com/contact/ Page 3 of5 5/5/2014