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6To: From: Date: SUBJECT: BACKGROUND: CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER-OFFICE MEMORANDUM The Honorable Mayor & Members of the City Commission Steven J. Alexander, City Manager August 6, 20 13 South Miami bOd 'un; 2001 A Resolution authorizing the City Manager to enter into a contract with Accordant Communications, LLC, in an amount not to exceed $35,000 for the purchase, design and installation of a wire mesh (Wi-Fi) downtown network. The City wishes to install a wire mesh (Wi-Fi) network predominately within the downtown business district. While there will be other future uses and other applications enabled by the Wi-Fi network, the initial benefit is a significant reduction to the connectivity costs for the City's parking pay stations. The City utilizes an automatic parking system manufactured by Digital Payment Technologies. Currently, the stations communicate via cellular (3G) modems. The City intends to replace the cellular modems inside the parking pay stations with a connection device supported by the proposed Wi-Fi wire mesh network. As a result of this deployment, the City will reduce the monthly parking pay station cellular connectivity costs by $20 per month per parking pay station, for an annual savings of $10,080.00; based on 42 pay stations; all located within the downtown area. Digital Payment Technologies (DPT), the manufacturer of the City's parking pay stations, recommended a wireless network manufactured by Tropos. DPT has successfully deployed Tropos in their systems and has not found any other alternative systems to date that have provided the same high level of reliability. Based on the recommendation from DPT, and the connectivity compatibility with the DPT parking pay stations, the solicitation was advertised specifying T ropos as the sole source manufacturer of wireless equipment; substitutions were not considered. Tropos' customer base is concentrated in smart grid, municipal government and public safety. The installing contractor, Accordant Communications, LLC, has extensive experience installing Tropos products dating back to 2005. The City received one response to the RFP. The RFP was advertised in the Daily Business Review and posted on the City's website and Demand Star; a total of 10 subscribers downloaded the RFP from Demand Star, see attached. It is important to note, the City of South Miami will be the first municipality within South Florida to have parking pay stations connected via wireless. EXPENSE ATTACHMENTS: Account No 001-1910-521-3450 with a balance of $56,216 Resolution Bid Opening Report RFP #IT-20 13-05 Proposal from Accordant Communications. LLC Reference Check Results Digital Payment Technologies Tropos Recommendation Letter RFP #IT -2013-05 Wire Mesh Downtown Network Sun Biz Accordant Communications, LLC Registration Daily Business Review Advertisement Demand Star Solicitation Results RESOLUTION NO.: _________ _ 2 3 4 5 6 A Resolution authorizing the City Manager to enter into a contract with Accordant Communications, LLC. In an amount not to exceed $35,000 for the purchase, design and installation of a wire mesh (Wi-Fi) downtown network. 7 WHEREAS, the City wishes to purchase and install a wire mesh (Wi-Fi) network within 8 the downtown business district in the City; and 9 10 WHEREAS, the City issued a competitive solicitation for the purchase and installation of 11 a wire mesh (Wi-Fi) downtown network; and 12 13 WHEREAS, the City intends to replace the cellular modems inside the parking pay 14 station modems and reduce the monthly cellular connectivity costs for 42 pay stations by $20 15 per pay station per month, for an annual reduction of $10,080.00, while allowing for future use 16 of other applications enabled by the Wi-Fi network; and 17 18 WHEREAS, Accordant Communications, LLC submittal the only proposal in response to 19 the City's solicitation. 20 21 NOW, THEREFORE, BE IT RESOLVED THE MAYOR AND CITY COMMISSION OF THE CITY 22 OF SOUTH MIAMI, FLORIDA: 23 24 Section 1. The City Manager is authorized to enter into a contract with Accordant 25 Communications, LLC. in amount not to exceed $35,000 for the purchase, design and 26 installation of a wire mesh (Wi-Fi) network within the business district in the City to be paid 27 from Account No 001-1910-521-3450 with a current balance of $56,216. 28 29 Section 2. Severability. If any section, clause, sentence, or phrase of this resolution is 30 for any reason held invalid or unconstitutional by a court of competent jurisdiction, this holding 31 shall not affect the validity of the remaining portions of this resolution. 32 33 Section 3. Effective Date: This resolution shall take effect immediately upon 34 enactment. 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 PASSED AND ENACTED this __ day of _____ ., 2013. ATIEST: CITY CLERK READ AND APPROVED AS TO FORM, LANGUAGE, LEGALITY AND EXECUTION THEREOF CITY ATIORNEY APPROVED: MAYOR COMMISSION VOTE: Mayor Stoddard: Vice Mayor Liebman: Commissioner Harris: Commissioner Newman: Commissioner Welsh: BID OPENING REPORT Bids we~ opened on: Friday. June 28, 2013 after: 10:00am For: RFP # IT -2013-05 "WIRE MESH DOWNTOWN NETWORK" COMPANIES THAT SUBMITTED PROPOSALS: AMOUNT: -.,~----.--.. ---------.~-~~,~.---... ---------..... -.... ----~'~"- 1. ACCORDANT COMMUNICATIONS $34,474. . __ ........ _-.~ .. --.---------.. -.. -~-------.-~.-.. -... -............... -------.- -------_ .. _ .... _ .... ,-...... '-_ .. _-------_ .. , ... 1--· .. ···· .. ······ .. ·· .. -··· ............... ~-........ ,-----.. -..... "" .. ,--.----.~ ... - f-----------.. -.--........... -.-... -------... -.. . ... -.-- I·········· .. L ....... . THE ABOVE BIDS HAVE NOT BEEN CHECKED. THE BIDS ARE SUBJECT TO CORRECTION AFTER THE BIDS HAVE B~~(;jN COMPLETELY REVIEWED. ~ \l.-"'A" ~ 1 ~\ I City Clel'l(:_~~~ .. ~..JM1f\-t ___ _ ----.. -.... -1.,1', _'" ____ .. ___ .... _ ..... __ Prmt Name ~J~ J:lll~'(' l) /-I' ')' 'J /",,/ / W;tn"" ¢"t-ev",-_4~lJ2 __ ~ .... = .. !C~~ _ .. _~(_ Print Name Signature ~.~ Print Name Signature Response submitted by: Local Address: Designated Contact: Phone: Alternate Contact: Submittal Date: CITY OF SOUTH MIAMI RFP #IT-2013-05 WIRE MESH DOWNTOWN NET'J\lORK RfP Accordant Communications, llC 1762 American Walk lawrenceville, GA 30043 7295 SW 140 Terrace Palmetto Bay, Fl33158 Dan L. Himes, President 305.256.1902 Office 305.807.2788 Cell David LaBree, CTO 813-426.3305 Office 813.774.1329 Cell dlabree@acc-com.com June 27,2013 ACCORDANT RESPONSE RFP #IT ·2013-05 PAGE # I South Miami RFP#IT-2013-0S Table of Contents Letter of Interest Qualifications & Experience Documentation Section Authorization to Transact business in Florida FL Contractor's License/Miami Dade County Bus. License Organization Chart List of Clients Public Entity Crimes and Conflicts of Interest Statement Drug Free Workplace Form No Conflict of Interest/Non Collusion Affidavit Acknowledgement and Conformance with OSHA Standards Related Parties Transaction Verification Form Price Proposal Sheet & Bill of Materials Map of Network Table of Contents Letter of Interest .................................................................................................................................................. 3-4 Accordant Communications -Qualifications & Experience ......................................................................... 5-6 Documentation Authorization to transact in the State of Florida ......................................................................... 8 Current State of Florida Contractors License & Miami Dade Business License .............................. 9 Organization chart ....................•.............................•........•..................................................................... 10 List of clients ....................................................................................................................................... 11-12 Public Entity Crimes and Conflicts of Interest statement .......................................................... 13-15 Drug Free Workplace form ..................................................................................................................... 16 No Conflict of Interest/Non Collusion Affidavit ............................................................................. 17-18 Acknowledgement and Conformance with OSHA Standards ............................................................ 19 Related Parties Transaction Verification Form .............................................................................. 20-21 Price Proposal Sheet including Bill of Materials ............................................................................ 22-23 Map of Network Quoted ...................................................................................................................... 24 ACCORDANT RESPONSE RFP #IT ·2013·05 PAGE # .2. June 27, 2013 Maria M. Menendez, CMC City of South Miami City Clerk South Miami City Hall 6130 Sunset Drive South Miami, Florida 33143 Re: Letter of Interest Ms. Menendez: Accordant Communications, LLC presents the following in response to the City of South Miami's RFP #IT- 2013-05. We have read and understand the RFP and addenda and we present the enclosed proposal for your review and consideration. Accordant Communication's corporate office is in Lawrenceville, GA with offices in Palmetto Bay and Tampa, Florida. The primary representative for this project will be Dan Himes, President. Mr. Himes is based locally and can be reached at 305.256.1902 or 305.807.2788, email: dhimes@acc-com.com. The alternate contact will be David LaBree, CTO who can be reached at 813.774.1329, email: dlabree@acc- corn.com .. Accordant Communications is a licensed General Contractor in the State of Florida (C6C1519951) and we are licensed to do business in Miami-Dade County (copies of licenses enclosed.) Accordant is a telecommunications consulting, design and installation firm that brings an innovative approach -based on decades of real-world experience -to the development of telecommunication networks. Accordant is uniquely qualified to address the challenges The City of South Miami faces in developing, operating and maintaining a state-of-the-art wireless mesh network. Accordant Communications brings an unparalleled level of experience at solving the complex issues faced in municipal WiFi deployments. Our executive team has the knowledge gained through over thirty municipal WiFi networks consisting of at least 10,000 indoor and outdoor microcell radio base stations. Our experience with Tropos wireless products dates back to 2005 when our team managed the first installation of a Tropos mesh network for the Florida Department of Transportation. At least 95% of the WiFi access points we have installed have been Tropos products. We have surveyed the area of South Miami where the coverage is required and are confident that the proposed solution will meet the stated needs of the City. We have physically accessed the rooftops of South Miami City Hall and Police Department and have developed a plan for mounting the Tropos 6320. We have personally met with representatives of Digital Paytech and Ruckus and are prepared to provide installation/integration services of the lVIediaFlex 7211 Wi-Fi Gateway should they be required. ACCORDANT RESPONSE RFP #11-2013·05 PAGE # .]> We are prepared to start the installation within 30 days of Notice to Proceed. We anticipate 30 days to complete the site survey, engineering and installation. We at Accordant Communications are appreciative of the opportunity to participate in this exercise and look forward to working with The City of South Miami throughout the selection process. Should it be required, we will make representatives available for oral presentation covering our experience and/or proposed solution. Respectfully, ACCORDANT RFP #'T'2013.~ESPONSE PAGEtI Accordant Communications, llC • Qualifications and Experience The Accordant Executive Team designed and installed the first meshed 2.4 GHz municipal WiFi network in the US in Medford, OR in 200S.The requirement was for a first responder network with GEO Asset tracking, inventory management, dispatch, remote data access, chat and mobile video. A 25 square- mile ubiquitous wireless 2.4GHz network with 90% coverage saturation with fiber, Long Range Ethernet, point to point broadband and point to multipoint broadband wireless backhaul was built using the newly commercialized Meshing Protocol Radios from the ITT Desert Storm system. Applications: Mobile data connectivity, mobile video, GEO location of vehicles and automated dispatch, first responder, and municipal management. EMS and Police vehicles were able to be located on an interactive map showing location and were able to send telemetry from serial and IP devices such as door monitors, RFID and video. Video, voice and data applications were deployed on mobile systems. Shortly afterward, the same team developed a similar network for City of Walla Walla, WA. This municipal Wi-Fi network covered a 16 square-mile area with expansion design for over 1500 linear mile coverage. Applications: Commercial, residential and first responder, education and government. The Accordant Team then went on to design and install a municipal network for the City Of Wilkes Barre, PA. This municipal WiFi network covered a 17 square-mile area Applications: Surveillance video aggregation and backhaul, mobile data communications, two university student and faculty academic access networks. Each network application required varying levels of access, security and routed paths. Each customer network is designed to the specific needs of the customer from general walled garden access to the Internet, to full WPA2 encryption and authentication to secure systems and machine to machine authentication and encryption for video and control systems. All network, outside plant, routing, IP, RF, encryption and access were designed and implemented by our team. Between 2007 and 2011, the Accordant Team was integrally involved in the design and construction of 16 additional municipal WiFi networks for Frontier Communications, Stanford, CT. Practically all of the WiFi products installed for Frontier were Tropos. The Accordant Executive Team has maintained a close working relationship with the Tropos organization before and after it was purchased by ABB. Resumes of Accordant Executive Team Dan Himes, President Dan has 2S + years of experience in Business Development, Marketing and Sales Management as well as Mergers and Acquisitions in the telecommunication industry. He has held various executive positions in telecommunications engineering and construction companies over the last decade. Mr. Himes was a principal in Compass Communications, until its purchase by International FiberCom, Inc. where he served as Corporate VP, Business Development. Later Dan was a principal in Prime Networks, a turnkey deployment contractor providing broadband network services to Earthlink, Verizon, Comcast and AT&T. Prime was acquired by Adesta, LLC in 2005 and Dan became a Director of Business Development and he ACCORDANT RESPONSE RFP #IT ·2013·05 PAGE # S" was responsible for securing three, high-visibility broadband network service contracts during 2009. After G4S purchased Adesta, Mr. Himes left to form Accordant Communications. David laBree, Chief Technology Officer Building on a foundation of business analysis and systems development, expanding into networking at an enterprise level, then into telecommunications, broadcast video, national data networking, converged "triple play" systems finally to all TCP/IP convergence, Mr. LaBree has built departments and businesses to design, engineer, construct and implement Telecommunications Central Offices, Co- locations, ISP's, Cable HFC head ends, distribution, last mile and CPE networks utilizing fiber, copper, licensed and unlicensed RF and cellular. Major Experience: Corporate Director of Wireless Operations and Engineering, Frontier Communications; President, LaBree Communication Services, LLC (as Consultant to Frontier Communications; Director of Wireless Operations, Adesta Group; Chief Technology Officer, Prime Telecommunications, Inc. Glenn Shaffren, CEO Glenn is a proven telecommunications construction and engineering entrepreneur and executive with 30+ years of telecom experience including strategic planning, budget management, project management, process improvement, employee development, compliance, and construction management. Proven ability to improve operations, impact business growth, reduce capital/expense costs, maximize profits, and create and execute strategic plans. Companies he has served in a senior management role include: founder and President of D&G Communications; President and CEO of Compass Communications; Vice President, Telecom Operations, Viasys Corp; Vice President of Operations, Adesta/G4S Technology LLC. Specialties include Licensed and Unlicensed wireless, 4G wireless deployment, PTP & PMP Microwave and Fiber backhaul, city-wide wireless mesh design and construction. Regional Fiber Network development as well as HFC (cable TV) and mx (fiber to the premise) design and construction. Accordant Approach to South Miami Mesh Project Upon receipt of a notice to proceed, Accordant will begin the Engineering Site Survey conducted by experienced aSP/Wireless technicians who will verify mounting assets and power availability, and perform a Noise Floor Analysis which will sample the RF environment using a variety of state-of-the-art tools. One the Site Survey is completed, Accordant will develop the RF plan, logical network design and integration interfaces for configuration of devices for the installation and integration into the city systems. Accordant technicians will begin the installation process once the engineering is completed. Entire process should take thirty days or less. Relationships with City of South Miami No Accordant employee or executive has any relationship with any South Miami Commission member, spouse or family. There are no relationships between the firm and any business or entity owned by a Commission member or their family or in which a Commission member or their family has or had an interest. ACCORDANT RESPONSE RFP flIT -2013-05 PAGE# ~ CITY OF SOUTH MIAMI RFP ffIT-2013-0S . WIRE MESH DOWNTOWN NETWORK RFP Documentation The following pages contain the forms and documentation listed below: • Proof of authorization to transact in the state of Florida from the Florida Secretary of State • Current and valid State of Florida Contractors License & Miami Dade Business License • Proposed organization chart identifying key professionals and their area of responsibilities • List of recent clients and references with contact names and telephone numbers • Public Entity Crimes and Conflicts of Interest statement • Drug Free Workplace form • No Conflict of Interest/Non Collusion Affidavit • Acknowledgement and Conformance with OSHA Standards • Related Parties Transaction Verification Form • Price Proposal Sheet including Bill of Materials • Map of Network Quoted ACCORDANT RESPONSE RFP #IT -2013-05 PAGE # 7 ofjfJI' ~t"'tC . Ott',.., ~}tl. ----.~ -~lua liirvartmrnt rtf ~ta.tr I ce,1lfy tt':c attached js a true and correct copy 01 Ii Ie application bV j\.cCORDANT COr..liMUNICll.,nONS, LLC. a Georgia limited liability Gompr-tny. :=Ljti-':or~7f:!d ~:-) trEr:SF!:-:t tHJsirless I.('i<fi~h~·n tno stale of F~'cndC1 r.Jr~· (',l;arch 27. 2013. 1'13 shewn by the records ~)[ this office Gi·· .... e;r-I under iT)V h~ir·.d ;,.1n6 ~hc Great Seal of the-State of Flcndu at Talli~lras5ee. rhe CFlni!a}, ihis H,i': TV'''0;1~y-(;;~5'1!h day of Uiarcll, 2013 ACCORDANT RESPONSE RFP #IT -2013-05 PAGE # .Y STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD r''drlM¥I''J.\Hd i1 CGC1519951 The GENERAL CONTRACTOR Named below IS CERTIFIED Under the provisions of Chapter 489 FS. Expiration date: AUG 31,2014 SHA!=!=R~N, GL~NN ST~V~N ACCORDANT COMMUNICATIONS LLC 1762 AMERICAN WALK LAWRENCEVILLE GA 30043 RICK SCOTT GOVERNOR MIAMI-DADE COUNTY TAX COllECTOR 140 W. FLAGLER ST. 1st FLOOR MIAMI, fL 33130 113821-1 ISSUED: 0410512013 SEQ# l1304050000907 DISPLAY AS REQUIRED BY LAW THIS is NOT A B1LL-DO NOT PAY NEW BUSINESS NAME I LOCATION RECEIPT NO. ACCORDANT COMMUNICATIONS LLC 7295 5W 140 5T 33158 PALMETTO BAY OWNER ACCORDANT COMMUNICATIONS LLC Sec. Ti'e.e of Business 2 I COMMUNICATION BUSINESS THIS IS ONLY A LOCAL BUSINESS TAX ReCEIPT. IT DOeS NOT PERMIT THe HOLDER TO VIOLATe ANY EXISTING REGULATORY OR ZONING LAWS OF THE COUNTY OR CITIES. NOR DOES IT EXEMPT THE HOLDeR FROM ANY OTHER PERMIT OR UCENSE REQUIRED BY LAW. THIS IS NOT A CERTIFICATION OF THE HOLDER'S QUALIACA- nONS, PAYMENT RECEIVED MIAMI·DADE COUNTY TAX COLLECTOR, 04/25/2013 DO NOT FORWARD ACCORDANT COMMUNICATIONS LLC DAN L HIMES 7295 SIJI 140 ST PALMETTO BAY FL 33158 KEN LAWSON SECRETARY FIRST·CLASS U.S. POSTAGE PAID MIAMI,FL PERMIT NO. 231 741519-3 02280008001 000270.00 14 ACCORDANT RESPONSE RFP #IT -2013-05 PAGE # 9 O.Ansari Wireless Technician Glenn Shaffren, CEO Organization Chart South Miami WiFi Project Dan Himes President David laBree ero Michael Neikerk (Wireless Project Mgr.j E. laBree Wireless Technician A. laBree Wireless Technician Mr. Shaffren is in charge of corporate oversight finances and is the holder of the FL Contractor's License. Mr. Shaffren will audit and approve all network designs. Dan Himes, President Mr. Himes is the locol contact and will be on-site during all phases of network installation. David laBree, CTO Mr. LaBree is in charge of all network design and specifications. He will be present during all phases of network site survey, design, engineering, installation and testing. Michael Niekerk, Wireless Project Manager Mr. Niekerk is in charge of general oversight of wireless operations, code compliance and adherence to Accordant Safety Policies and Procedures. Wireless Technicians The Accordant wireless technicians perform access point installation, tuning and testing. ACCORDANT RESPONSE RfP #IT ·2013-05 PAGE # /6 List of Clients Extenet Systems Chris Fridrich Senior RF Engineer, NE Region 3030 Warrenville RD Suite 340 Lisle, IL 60532 Mobile: (219) 308-7446 cfridrich@extenetsystems.com Multiple on-going Wi-Fi design, tuning and maintenance projects G4S Technology Dale Nielsen Director, Operations Tel: (770) 972-5814 1570 Atkinson Road Lawrenceville, GA 30043 Multiple wireless and fiber-based security/surveillance projects. Diverse Power Co. Wayne Livingston Chief Executive Officer LaGrange, GA Tel: (706) 845-2000 ext. 314 Multiple wireless consulting projects. CUMBEY & FAIR Gordon D. Ziecina, PE Project Manager 2463 Enterprise Road Clearwater, FL 33763 Q<.(:( / Phone: (727) 797-8982 ..... ,... I Communications design for the City of Sarasota's new ATMS system. City Of Wilkes Barre Lou Lau, IT Director 40 E Market 5t Wilkes Barre, PA 18711-0454 Ilau@Wilkes-Barre.pa.us 570-239-9494 ACCORDANT RESPONSE RFP #IT ·2013·05 PAGE # '/ TDSTelecom Kevin Maes Engineering Manager 525 Junction Road Madison, WI 53717 kevin.maes@tdstelecom.com (608) 664-4437 The Accordant team has successfully managed numerous broadband delivery projects (wired, fiber and wireless) throughout their service area. ACCORDANT RESPONSE RFP tilT ·2013·05 PAGEtI Iz.. PUBUC ENTiTY CRUMES ANI!) CONIFUCTS OlF INTEREST Pursuant to the provisions of Paragraph (2) (a) of Section 287.133. Florida State Statutes -"A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a Bid on a Contract to provide any goods or services to a public entity, may not submit a Bid on a Contract with a public entity for the construction or ,-epair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded to perform work as a Contractor, supplier, Subcontractor, or Consultant under a Contract with any public entii:y, and may not transact businE~sS with any public entity in excess of the threshold a.mount Category Two of Section 287.0! 7, Florida Statutes, for thirty six (36) months from the date of being placed on the convicted vendor list". The award of any contract hereunder is subject to the provisions of Chapter I 12, Florida State Statutes. BIDDERS must disclose with their Bids, the name of any officer, director, partner, associate or agent who is also an officer or employee of the City of South t"1iami or it's agencies. SWORN STATEMENT PURSUANT TO SECTION 287.133 (3)(a), FLORIDA STATUTES. ON PUBliC ENTITY CRIMES THIS FORM MUST BE SIGNED AND SVvORN TO IN THE PRESENCE Of A NOTARY PUBLIC OR OTHER OFF!ClAL AUTHORiZED TO ADMINISTER OATHS. \ !. This sworn statement is submitted to ~ 1ft .of So-u rJ.1.-M ~ a..-m i [print name of the public entity] [print individual's name and title] for Aec..o rrd4.-Vl, f Ca~ilA.tJM,~...:::~~· ~l~---------- [print name of entity submitting sworn statement] whose business address is aft, 1-A Jne-fFt ::.. ~ vJa-l K La., w Ye£4-? V ilk., , 6A .:I CJCJ4,3 ___ _ I and (if applicable) its Federal Employer Identification Number (FEIN) is 4", JS"IIt.f z.tf (If the entity has no FEIN. include the Social Security Number of the individual signing this sworn statement: ---------------_.) 2. I understand that a "public entity crime" as defined in Paragraph 287. ~ 33 (I )(g). Florida Statutes. means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or vV'ith an agency or political subdivision of any other state or of the United States, including, but not limited to , any bid or contract for goods 13 ACCORDANT RESPONSE RFP #IT -2013·05 PAGE # f2 or services to be provided to any public entity or an agency or political subdivision of any other state or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. 3. I understand that "convicted" or "conviction" as defined in Paragraph 287.133 (I )(b), Florida Statutes, means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after July I, 1989, as a result of a jury verdict, non-jury trial, or entry of a plea of guilty or nolo contendere. 4. I understand that an "affiliate" as defined in Paragraph 287.133 (I )(a), Florida Statutes, means: (a) A predecessor or successor of a person convicted of a public entity crime; or (b) An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in any person, or a pooling of equipment or income among persons when not for fair market value under an arm's length agreement, shall be a prima facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. S. I understand that a "person" as defined in Paragraph 287.133 (I )(e). Florida Statutes. means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding contract and which bids or applies to bid on contracts for the provision of goods or services led by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term "person" includes those officers, directors, executives, partners, shareholders, employees, members. and agents who are active in management of an entity. 6. Based on information and belief, the statement which I have marked below is true in relation to the entity submitting this sworn statement. [Indicate which statement applies.] ~ Neither the entity submitting this sworn statement, nor any of its officers, directors. executives. partners. shareholders, employees. members. or agents who are active in the management of the entity, nor any affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July I, 1989. ___ The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees. members, or agents who are active in the management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to july I, 1989. ___ The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members. or agents who are active in the management of the entity, or an affiliate of the entity has been charged with and convicted of a 14 ACCORDANT RESPONSE RFP #IT ·2013·05 PAGE# /If public entity crime subsequent of July I, 1989. However, there has been a subsequent proceeding before a Hearing Officer of the State of Florida, Division of Administrative Hearings and the Final Order entered by the Hearing Officer determined that it was not in the public interest to place the entity submitting this sworn statement on the convicted vendor list. {attach a copy of the final order.] Continuation of Attachment #2 Public Entity Crimes and Conflicts I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY INDENTIFIED IN PARAGRAPH I (ONE) ABOVE IS FOR THAT PUBLIC ENTITY ONLY, AND THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED. I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017, FLORIDA STATUTES, FOR CATEGORY TWO OF ANY CHANGE IN THE INFORMATION CONTAINED IN THIS FORM. Sworn to and subscribed before me this Personally known or /'" Produced identification 1/ .~.".-- (Type of identification) ..L.. day of 27'f~ Notary Public -State of My commission expires [signature] ,20 I ~ (Printed, typed or stamped commissioned name of notary public) Form PUR 7068 (Rev.06/1 1192) 15 ACCORDANT RESPONSE RFP #IT -2013-05 PAGE # IS" DRUG FREE WORKPLACE Whenever two or more Bids which are equal with respect to price, quality and service are received by the State or by any political subdivisions for the procurement of commodities or contractual services, a Bid received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. Established procedures for processing tie Bids will be followed if none of the tied vendors have a drug-free workplace program. In order to have a drug-free workplace program, a business shall: I. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business' policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are under Bid a copy of the statement specified in Subsection (I). 4. In the statement specified in Subsection (I), notify the employees, that, as a condition of working on the commodities or contractual services that are under Bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of. or plea of guilty or nolo contendere to, any Violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program, if such is available in the employee's community, by any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. PROPOSER's Signature: Print Name: Date: 16 ACCORDANT RESPONSE RFP #IT -2013-05 PAGE # 1(;. No CONFLICT OF INTEREST/NoN-COLLUSION CERTIFICATION Submitted this Z1~ay of_--"'J!.-'(,.)::::....:..I1:...:C!-=--______ , 20 13 The undersigned, as Bidder/Proposer, declares that the only persons interested in this RFP are named herein; that no other person has any interest in this RFP or in the Contract to which this RFP pertains; that this response is made without connection or arrangement with any other person; and that this response is in every respect fair and made in good faith, Without collusion or fraud. The Bidder/Proposer agrees if this response/submission is accepted, to execute an appropriate CSM document for the purpose of establishing a formal contractual relationship between the Bidder/Proposer and the CSM, for the performance of all requirements to which the response/submission pertains. The Bidder/Proposer states that this response is based upon the documents identified by the following number: Bid/RFP The full-names and residences of persons and firms interested in the foregoing bid/proposal, as principals, are as follows: Name I Street Address City State Zip I , The Bidder/Proposer further certifies that this response/submission complies with section 4(c) of the Charter of the City of Miami, Florida, that, to the best of its knowledge and belief, no Commissioner. Mayor, or other officer or employee of the CSM has an interest directly or indirectly in the profits or emoluments of the Contract, job, work or service to which the response/submission pertains. Signature: Printed Name: Title: Telephone: 17 ACCORDANT RESPONSE RFP #IT -2013-05 PAGE # /1 Company Name /I ccoAt'danl (LeI/nino IIi Ca-fID"-Sj LLc... NOTARY PUBLIC; STATE OF COUNTY OF The foregoing instrument was acknowledged before me this J.. 'I day of ~~ .20 I::? by 'D4Vl L /-h'1'M eJ (name of person whose signature is being notarized) who is GRDS MELENDEZ Personally known to me, or V Personal identification: Type of Identification Produced Did take an oath, or ~id Not take an oath. (Name of Notary Public: Print, Stamp or type as commissioned.) FAILURE TO COMPLETE. SIGN. & RETURN THIS FORM MAY DISOUALIFY YOUR RESPONSE 18 , MILAGROS MELENDEZ \ Notary Public· State of Florida •• My Comm. Expires feb 18.2017 Commission II EE 847109 ACCORDANT RESPONSE RFP#IT-2013-05 PAGE # n ACKNOWLEDGEMENT OF CONFORMANCE WITH OSHA STANDARDS TO THE CITY OF SOUTH MIAMI We, /lee/) yd4At1 (1".Nt')Jt~~~ ~ame of Contractor). hereby acknowledge and agree that as Contractors for the Concurrency Analysis and Impact Fee Study RFP. as specified have the sole responsibility for compliance with all the requirements of the Federal Occupational Safety and Health Act of 1970, and all State and local safety and health regulations, and agree to indemnify and hold harmless the City of South Miami against any and all liability, claims, damages, losses and expenses they may incur due to the failure of (subcontractor's names): to comply with such act or regulation. CONTRACTOR BY: 124.11 L ~ #tnurS Name j) YCJQrd~1f f- Title FAILURE TO COMPLETE. SIGN. & RETURN THIS FORM MAY DISQUALIFY YOUR RESPONSE 19 ACCORDANT RESPONSE RFP #IT ·2013-05 PAGE # 1'1 RELATED PARTIES TRANSACTION VERIFICATION FORM 1--",12<.::~=.:,nrr:::::-:-L::rnc' ~J./.=I=m=e-:-~~ ____ , individually and on behalf of Aeu::'ydenf C;f)MP,(1~'Firm") Name of Representative Company/Vendor/Entity have read the City of South Miami (UCSM")'s Code of Ethics, Section 8A-1 of the CSM's Code of Ordinances and I hereby certify, under penalty of perjury that to the best of my knowledge, information and belief: ( I ) neither I nor the Firm have any conflict of interest (as defined in section SA. I ) with regard to the contract or business that I. and/or the Firm. am (are) about to perform for. or to transact with, the CSM. and (2) neither I nor any employees. officers. directors of the Firm. nor anyone who has a financial interest greater than 5% in the Firm, has any relative(s), as defined in section 8A-I, who is an employee of the CSM or who is(are) an appointed or elected official of the CSM. or who is(are) a member of any public body created by the City Commission. i.e.. a board or committee of the CSM, and (3) neither I nor the Firm. nor anyone who has a financial interest greater than 5% in the Firm, nor any member of those persons' immediate family (i.e.. spouse, parents. children, brothers and sisters) has transacted or entered into any contraet(s) with the CSM or has a financial interest. direct or indirect, in any business being transact~d with the CSM, or with any person or agency acting for the CSM, other than as follows: IV fA (use a separate sheet to supply additional information that will not fit on this line but make reference to the additional sheet which must be signed under oath). (4) no elected and/or appointed official or employee of the City of South Miami. or any of their immediate family members (i.e., spouse. parents. children. brothers and sisters) has a financially interest. directly or indirectly. in the contract between you and/or your Firm and the CSM other th! the following individuals whose interest is set forth following their names: Ai ¢. (use a separate sheet to supply additional information that will not fit on this line but make reference to the additional sheet which must be signed under oath). The names of all CSM employees and that of all elected and/or appointed CSM officials or board members. who own, directly or indirectly, an interest of ive percent (5%) or more of the total assets of capital stock in the firm are as follows: "J (use a separate sheet to supply additional information that will not It on this line but make reference to the additional sheet which must be signed under oath). (5) I and the Firm further agree not to use or attempt to use any knowledge. property or resource which may come to us through our position of trust, or through our performance of our duties under the terms of the contract with the CSM, to secure a special privilege, benefit, or exemption for ourselves, or others. We agree that we may not disclose or use information, not available to members of the general public. for our personal gain or benefit or for the personal gain or benefit of any other person or business entity, outside of the normal gain or benefit anticipated through the performance of the contract. (6) I and the Firm hereby acknowledge that we have not contracted or transacted any business with the CSM or any person or agency acting for the CSM. and that we have not appeared in representation of any third party before any board, commission or agency of the CSM within the past two years other than as follows: AlIA (use a separate sheet to supply additional information that will not ftt on this line but make reference to the additional sheet which must be signed under oath). Neither I nor any employees. officers. or directors of the Firm. nor any of their immediate family (i.e., as a spouse. son. daughter, parent, 20 ACCORDANT RESPONSE RFP #IT ·2013·05 PAGE # £0 Price Proposal Sheet/Bill of Materials Power ane! permitting at each location IS to be provided by the Cl!.Istolner. 1ZOVAC power to be pro.vided no mo.re than 20' frOtTI the radio. mounting site. C'ate cable path at the police building is to be authorized and access provided by the (:!ient. Sae SUl'Iley Engineering Site V'/alk C'mj spectwm analysis Mobilization Engineering Develop the RF Dian. logical :lew.fork desjgn and ir'!egration interfaces for cCHlfigaration of ,jevices Tar 11"-'13' irstEJlation and imegration into tne city s.ysterr1s~ installation Equipment Cable Drops Cores .Amenna ~\l1o~mts Po .... :er terminatiol"'s 8!a';iir9 and Configuration Project t\'~anagemem Mo!:,iHzation Tropos 6320 £laW,'Jay Outdoor POE tor 63{}O series 1410 Node Po~'\/er Cable \·vater tight 141 (I .A.menna ?",1ounts 1~otal '-, so.cc; c:-, 0'--' '.,!'.},i.-"._. "!25.0C ACC9~QANTR~SPONSE 2013-05 Z-3 Map of Network Quoted ACCORDANT RESPONSE RFP #IT ·2013·05 PAGE # 2.1 REFERENCE CHECK: Prepared by: Purchasing Department, City of South Miami Wire Mesh Downtown Network VENDOR: Accordant Communications DATE: 7/10/13 REFERENCE: City of Wilkes Barre CONTACT: Lou Lau, IT Director 1. How was the vendor's quality of work? Yes. 2. Did the vendor accomplish your goals and objectives? Yes. 3. Was the project completed on-time and within established timeframes? Timeline was very aggressive, not too many WI-FI networks when first started, 2006. 4. How effective was the vendors communication and responsiveness and describe how they interacted with staff? Both learned as we designed and implemented. Back in 2006, this was new territory. Worked well together. 1 S. How did the vendor perform in relation to your budget? Yes, budget was published in the RFP. 6. What was the project scope? Citywide network, 90% coverage of City. Camera network approx 300, PD car radios, Free network. City includes approx 44K residents, 90 sq miles. 2 REFERENCE CHECK: Prepared by: Purchasing Department, City of South Miami Wire Mesh Downtown Network VENDOR: Accordant Communications DATE: 7/10/13 REFERENCE: G4 Technology CONTACT: Dale Nielsen, Director Operations 1. How was the vendor's quality of work? Good. No issues with the quality of work. 2. Did the vendor accomplish your goals and objectives? Yes. 3. Was the project completed on-time and within established timeframes? Projects have been completed on time. 4. How effective was the vendors communication and responsiveness and describe how they interacted with staff? They work well with staff and are very responsive. 1 s. How did the vendor perform in relation to your budget? The projects have been under or at budget. 6. What was the project scope? Currently installing a cell tower in Florida and, multiple wireless and fiber-based security/surveillance projects. 2 REFERENCE CHECK: Prepared by: Purchasing Department, City of South Miami Wire Mesh Downtown Network VENDOR: Accordant Communications DATE: ~7~/=10=/~1=3 ____________ _ REFERENCE: Extenet System CONTACT: Chris Fridrich, RF Engineer 1. How was the vendor's quality of work? Excellent, detailed and proficient in design and engineering. 2. Did the vendor accomplish your goals and objectives? Yes. 3. Was the project completed on-time and within established timeframes? Yes, project came in lower than budget. 4. How effective was the vendors communication and responsiveness and describe how they interacted with staff? Collaborated with staff to build upon our design concept. 1 5. How did the vendor perform in relation to your budget? Lower than the budget. 6. What was the project scope? Multiple on-going WiFi Design, tuning and maintenance products. Turnkey design. 2 C;;~GITAL' PA,(,'\!\/;NT TECHNOLOGIES Serious Parking Solutions July 22, 2013 Alfredo Riverol Chief Financial Officer Finance Department City of South Miami 6130 Sunset Drive South Miami, FL 33143 RE: Wi-Fi Communications -Tropos Dear Alfredo: When the City of South Miami ("City") researched the requirements for the mesh network, Digital Payment Technologies ("DPT") was contacted to determine if they had any specific requirements regarding the mesh network. We recommended Tropos radios as we have successfully deployed LUKE pay stations on Tropos networks in Houston and Redwood City. We have also established a working relationship with Tropos to maximize the success of these deployments. Other Wi-Fi suppliers may be considered, but DPT has not found any other systems to date that have provided the same high levels of reliability for us to recommend an alternative. We want to reiterate that any successful Wi-Fi deployment is dependent on the on-going service and support of the firm supplying the Tropos equipment. While the LUKE pay stations have proven to work on the Tropos network, these local firms must design the network to provide adequate coverage and ensure on-going reliability. DPT recommends that the City check references for the Tropos supplier being considered to ensure they have a strong track record in these areas. Digital Payment Technologies is proud to be the multi-space provider for the City of South Miami. We will continue to provide you with the highest level of support in the industry. Should you have any questions, please do not hesitate to contact me at 305-776-9757. Sincerely, J. David Hoyt, CPFM Regional Sales Manager 330-4260 Stitt C.eek Qri'le 8urnaby Be Canada V5C 6C6 Tei 604.688.19')9 Fax . .-604.629.1861 Toli Free . 888.6816822 ! f}!< \ \) CITY OF SOUTH MIAMI RFP #IT -2013-05 WIRE MESH DOWNTOWN NETWORK RFP PROPOSAL DUE DATE: lOAM FRIDAY, JUNE 28, 2013 The City of South Miami, Florida through its chief executive officer ("City Manager" or the manager's designee) is hereby requesting sealed proposals (Request for Proposal or "RFP") from qualified and experienced firms for the purchase and insallation of a wire mesh network in selected areas of the City, specifically in the downtown area and hereinafter referred to as the "Project" or the "Work". The Scope of Services, and the Specifications for the work, if any, are described in the Contract Documents which are part of this RFP package which includes all of the documents contained in this RFP package. Interested persons who wish to respond to this RFP can obtain the complete RFP package at the City Clerk's office Monday through Friday from 9:00 AM. to 4:00 P.M. or: www.southmiamifl.gov, which is the City of South Miami's web address for solicitation information. Proposals are subject to the Standard Terms and Conditions contained in the complete RFP package including "Exhibit #1 Consultant Services Agreement for Wire Mesh Downtown Network." All references to "City" in this solicitation, including references in the RFP package, shall be a reference to the City Manager for the City of South Miami, unless otherwise specifically defined. All references to the City Manager shall also mean the manager's designee. The proposal shall consist of one (I) original unbound proposal, four (4) additional copies and one (I) digital Flash Drive or CD copy, in searchable PDF format, and shall be enclosed in a sealed envelope or container and shall have RFP #IT-20 13-05 Wire Mesh Downtown Network, and the name of the respondent clearly written on the exterior of the envelope in which the sealed proposal is delivered. Special envelopes such as provided by UPS or Federal Express will not be opened unless they contain the required envelope information on the front or back of the envelope. All responses shall be typed on 8 1/2" x I I" sheets, single-spaced, one-sided, bound with all sections tabbed with the exception of the one (I) unbound copy. Fold out pages are not allowed. All proposals must be received by the Office of the City Clerk, South Miami City Hall, 6130 Sunset Drive, South Miami, Florida 33 143. Sealed Proposals must be received by the City Clerk, either by mail or hand delivery, no later than 10 A.M. local time on Friday. lune 28. 2013. A public opening will take place at lOAM. in the City Commission Chambers located at City Hall on the same date. Any Proposals received after lOAM. local time on said date will not be accepted under any circumstances. 1 The work involved with the project shall include, but may not be limited to, the furnishing of all equipment and services necessary for the completion of the project. The City will not hold a pre proposal meeting for this project. However, any requests for additional information or questions must be in Writing, emailed by 10:00 A.M. local time on Tuesday. lune 25. 2013 to the attention of Mr. Steven Kulick, Purchasing Manager at skulick@southmiamifl.gov. The City of South Miami reserves the right to accept or reject and/or all proposals or parts of proposals, to workshop or negotiate any and all proposals, to waive irregularities, and to request re- proposals on the required materials or services, or take any other such actions that may be deemed in the best interest of the City. 2 Maria M. Menendez, CMC City of South Miami City Clerk SCOPE OF SERVICES BACKGROUND The City of South Miami ("CSM") is located in Metropolitan Miami-Dade County and is a full service municipal government. The CSM is approximately 2.5 square miles with approximately 13,000 residents, located between SW 40th Street, SW 88th Street, SW 57th Avenue and SW 69th Avenue. The CSM is adjacent to the City of Coral Gable, Village of Pinecrest and parts of Unincorporated Miami-Dade County, and within the County's Urban Development Boundary. SCOPE OF SERVICES The project involves the purchase and installation of a meshed microcell network, including eight (8) Tropos Radio Transmission Devices. Refer to Exhibit #2 "Map of City of South Miami Downtown Mesh Microcell Network Locations and Parking Meters." All wireless equipment used in this deployment must be from Tropos. No other substitutes will be considered. Note: The City estimates eight (8) radio transmission devices are required, as well as, the network depicted in Exhibit #2. However, the consultant needs to verify and confirm the network quoted will be adequate. Overview of Project The City of South Miami utilizes an automatic parking system manufactured by Digital Payment Technologies. There are currently forty parking stations in the South Miami Downtown area that requires a communication link for real-time credit card processing and other potential uses available from the manufacturer. Currently, the stations communicate via cellular (3G) modems. The City intends to replace the cellular modems inside the parking stations with Ruckus Wi-Fi client radios, "Model #Media Flex 1211 Smart Wi-Fi Gateway," available from the Parking Pay Station manufacturer to be supported by the WiFi mesh network specified in this RFP. This will eliminate the monthly cellular connectivity costs and allow for future use of other applications enabled by the Wi-Fi network. It is suggested the contractor install and deploy a 2.4 GHz mesh network using the fiber available in the South Miami City Hall location (6130 Sunset Drive, South Miami, FL 33143) as egress/capacity injection. The City believes this network will be adequate to provide connectivity for the parking system. Respondents must have a valid State Of Florida Contractors License. The City of South Miami will be responsible to provide power at each location no more than 20' from the radio mounting site. Data path at the City Hall Police Building is to be authorized and access provided by the City. The City of South Miami will make a properly credentialed Public Works Department employee available should any installations require access to lighting fixtures for power. END OF SECTION 3 SUBMISSION REQUIREMENTS I. Submission of Request for Proposals The Proposal and all copies and CDs must be delivered in a sealed envelope. The proposal shall consist of one (I) original unbound proposal, four (4) additional copies and one (I) digital Flash Drive or CD copy, in searchable PDF format and not to exceed 4MG, and shall be enclosed in a sealed envelope or container and shall have RFP #IT-20 13-05 Wire Mesh Downtown Network, and the name of the respondent clearly written on the exterior of the envelope in which the sealed proposal is delivered. Special envelopes such as provided by UPS or Federal Express will not be opened unless they contain the required envelope information on the front or back of the envelope to the Office of the City Clerk, South Miami City Hall, 6130 Sunset Drive, South Miami, Florida 33143. All responses shall be typed on 8 1/2" x I I" sheets, single-spaced, one-sided, bound with all sections tabbed with the exception of the one (I) unbound copy. Fold out pages are not allowed. Proposals must be in conformance with the detailed submittal instructions and must be delivered in a sealed envelope by mail, courier or personal delivery by the time and date indicated in the legal notice. RESPONSE SUBMITTALS NOT RECEIVED IN A SEALED ENVELOPE WITH THE REQUIRED INFORMATION ON THE ENVELOPE AND BY THE DATE AND TIME SPECIFIED SHALL BE REFUSED. The time indicated by the time clock in the City Clerk office is considered the official time of receipt. No faxed or email RFP responses will be accepted. The response to the RFP's may be submitted in person or by mail to the following address: In Person/Courier/By Mail: City of South Miami City Hall Building 6130 Sunset Drive South Miami, FL 33143 ATTN: CITY CLERK OFFICE All proposals received will be considered public records and upon submission, all documents become the property of the City of South Miami and are subject to public records laws. Incomplete, unresponsive, irresponsible, vague, or ambiguous responses to the RFQ shall be cause for rejection, as determined by the City. A person or affiliate of the Respondent who has been placed on the convicted vendor list pursuant to Chapter 287 following a conviction for a public entity crime may not submit a response to the RFQ with the City of South Miami, and may not transact business with the City of South Miami for a period of 36 months from the date of being placed on the convicted vendor list. All erasures and corrections must have the initials of the Respondent's authorized representative in ink at the location of each and every erasure and correction. Responses shall be signed in ink; all information shall be typewritten or printed and filled in with ink. All spaces shall be filled in with the requested information or the phrase "not applicable". 4 The City will consider all proposals using such criteria as City Manager may adopt at the City's sole discretion. The individual(s)/firm selected will be required to enter into a formal agreement with the CSM in a form satisfactory to the City, prior to the execution of which the City shall reserve all rights, including the right to change its selection. Request for Proposals (RFP) must be received by the City Clerk, either by mail or hand delivery, no later than lOAM. on the due date for this RFP and should include the requirements listed below. Submittals submitted without meeting ALL the requirements may be considered non-responsive. Format Sections and subsections should correspond in sequence with those identified below. All additional information that the Consultant believes is unique to a section and does not fit the established outline may be included at the end of each section under a subheading "Additional Information." The following information shall be provided in the order detailed: failure to provide anyone part of this section without appropriate explanation may result in disqualification of Response. a. Title Page -List the RFP subject, the name of the Firm, its address, telephone number and email address, the name of the Firm's designated contact person, and alternate if any, and the date of the submittal. b. Table of contents -Include a clear identification of the material included in the submittal by page number. c. Letter of Interest --Limit two (2) pages. Make a positive commitment to perform the required work within a specified timeline, acknowledgement of receipt of addenda. Give the name(s) of the person(s) who will be authorized to make representation for the firm, their title, phone number and email address. The letter shall provide the following information: I. Name of Proposing firm, and, if more than one, specify as to the type of contractual agreement between firms, and certificate(s) of authorization to offer professional services through the Florida Department of Professional Regulations as applicable for prime as well as supporting firms. d. Qualifications and Experience I. Provide a brief discussion of the firm's understanding and approach to the work described herein. 2. A resume of the Respondent's designated contact person, and resumes of the individuals who will attend meetings and have primary responsibility for work performed for the CSM as it pertains to this contract. 3. A disclosure of the following: (a) any relationships between the firm and any Commission member, his/her spouse, or family: (b) any relationship between the firm and any business or entity owned by a Commission member or their family or in which a Commission member or their family has or had an interest; (c) any other information concerning any relationships between the firm and any Commission member which the 5 Applicant deems might be relevant to the Commission's consideration; and (e) a "conflict list" if same is maintained by the firm. e. Restriction on Representation Neither the individual(s)/firm, nor any of his/her/its employees shall be permitted to represent any client before the Commission or any Committee, department or agency of the CSM, and shall agree not to undertake any other private representation which might create a conflict of interest with the CSM. The individual(s)/firm may not represent any Commission member, individually, or, any member of their family or any business in which the Commission member of their family has an interest. f. Documentation i. Proof of authorization to transact in the state of Florida from the Florida Secretary of State, for Prime as well as supporting firms. ii. Current and valid State of Florida Contractors License. iii. Proposed organization chart identifying key professionals and their area of responsibilities. iv. List of recent clients and references with contact names and telephone numbers. v. Respondents "Public Entity Crimes and Conflicts of Interest," shall be completed and provided with the proposal submittal. vi. Respondent's "Drug Free Workplace" form shall be completed and provided with the proposal submittal. Drug Free Workplace: Failure to provide proof of compliance with Florida Statute Section 287.087, as amended, when requested shall be cause for rejection of the response as determined by the City. vii. Respondent's "No Conflict of Interest/Non Collusion Affidavit," shall be completed and provided with the proposal submittal. viii. Respondent's "Acknowledgement and Conformance with OSHA Standards," shall be completed and provided with the proposal submittal. ix. Respondents "Related Parties Transaction Verification Form," shall be completed and provided with the proposal submittal. x. Price Proposal Sheet -All proposals shall include Lump Sum Proposal, including a Bill of Materials. xi. Map of Network Quoted -All proposals shall include a map indentifying the location of the devices quote by the Respondent in the of the City of South Miami Downtown location. END OF SECTION 6 GENERAL CONDITIONS GENERAL CONDITIONS AND INSTRUCTIONS TO PROPOSERS I. Rules. Regulations. Laws. Ordinances. & Licenses The awarded firm shall observe and obey all laws, ordinances, rules, and regulations of the federal, state, and local municipality, which may be applicable to the service being provided. The firm shall have or be responsible for obtaining all necessary permits or licenses required in order to provide this service. 2. Requests for Additional Information or Ouestions Any requests for additional information or clarification should be submitted in writing by 10:00 A.M. local time on Tuesday, June 25, 2013 to the attention of Steven Kulick, C.P.M. Purchasing Manager at skulick@southmiamifl.gov or via facsimile at (305) 667-7806. Interpretations or clarifications, considered necessary by the City in response to such questions, shall be issued by a written addendum to the RFP package. The issuance of a written addendum is the only official method whereby interpretation and/or clarification of information can be given. If any addendums are issued to this RFP, the City will notify all prospective firms via the CSM's website. It is incumbent on all interested parties to log onto the website before submitting a response. Verbal interpretations or clarifications, even if not in violation of the Cone of Silence referenced below, shall be without any legal effect. No plea by a Respondent of ignorance or the need for additional information shall exempt a Respondent from submitting the response on the required date and time as set forth in the public notice. 3. Cone of Silence: You are hereby advised that this solicitation is subject to the "Cone of Silence," in accordance with Miami-Dade County Ordinance Nos. 98106 and 99-1. From the time of advertising until the City Manager issues his recommendation, there is a prohibition on verbal communication with the City's professional staff. All written communication must comply with the requirements of the Cone of Silence. The Cone of Silence does not apply to verbal communications at pre-response conferences, verbal presentations before evaluation committees, contract discussions during any duly noticed public meeting, public presentations made to the City Commission during any duly notice public meeting, contract negotiations with the staff following the City Manager's written recommendation for the award of the contract, or communications in writing at any time with any City employee, official or member of the City Commission unless specifically prohibited. A copy of all written communications must be contemporaneously filed with the City Manager and City Clerk. Violation of these provisions by any particular Respondent shall render any recommendation for the award of the contract or the contract awarded to said Respondent voidable, and, in such event, said Respondent shall not be considered for any solicitation for a proposal, for qualifications, for a letter of interest or bid concerning any contract for the provision of goods or services for a period of one year. 7 4. Lobbying All firms and their agents who intend to submit, or who submitted, responses for this City of South Miami Consultant Service for Impact Fee Studies RFP are hereby placed on formal notice that neither City Commissioners, candidates for City Commissioner, nor any employee of the City of South Miami are to be lobbied either individually or collectively concerning this City of South Miami Consultant Service for Impact Fee Studies RFP. Contact shall only be made through regularly scheduled Commission meetings for the purpose of accepting or rejection the contract for the study, or meetings scheduled through the Purchasing Division, which are for the purposes of obtaining additional or clarifying information. 5. Reserves the Right The City anticipates awarding one contract for services as a result of this RFP. The City, however, reserves the right to reject any and all submitted Responses and to further define or limit the scope of the award. The City reserves the right to request additional information from firms as deemed necessary. Notice is also given of the possibility that an award may be made without discussion or after limited negotiations. It is, therefore, important that all the parts of the Request for Proposal be completed in all respects. The City reserves the right to negotiate modifications to the response submittals that it deems acceptable, reject any and all RFP responses in its sole discretion, and to waive minor irregularities in the procedures. 6. Contract Cancellation The resulting contract may be canceled at any time by the City without cause, upon a thirty (30) day written cancellation notice. 7. Ownership of Preliminary and Final Records All preliminary and final documentation and records shall become and remain the sole property of the CSM. The awarded firm shall maintain original documents thereof for its records and for its future professional endeavors and provide reproducible copies to the CSM. In the event of termination of the agreement, the proposing firm shall cease work and deliver to the CSM all documents (including reports and all other data and material prepared or obtained by the awarded firm in connection with the City of South Miami City Consultant Service for Impact Fee Studies RFP.) The CSM shall, upon delivery of the aforesaid documents, pay the firm for the goods and services rendered and the firm shall accept the payment as full payment for its goods and services rendered pursuant to the terms and conditions of the Contract. The payment shall be equal to the percentage of the work satisfactorily completed by the firm and accepted by the City. 8 8. Indemnification To the extent permitted by law, the proposing firm shall indemnify and hold harmless the CSM, its officers and employees, from liabilities, damages, losses and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness, or intentional wrongful acts or omissions of the proposing firm and any persons employed or utilized by proposing firm in the performance of its Contract with the City contract. 9. Equal Employment In accordance with Federal, State and Local law, the proposing firm will not discriminate against any employee or applicant for employment because of race, color, ethnicity, religion, sex, sexual orientation, national origin or handicap. The proposing firm will be required to comply with all aspects of the Americans with Disabilities Act (ADA) during the performance of this contract. 10. Openin~ of Request for Proposals All responses to the RFP will be opened and evaluated after the date and time set for receipt of the responses. The City may request proposing firm(s), who are considered for the award, to make an oral presentation to a selection committee or to submit additional data. I I. Rejection of Response Submittals The City reserves the right to reject any and all response submittals to this RFP. It also reserves the right to waive any minor irregularities in connection with any and all response submittals to this RFP. 12. Acceptance of Response Submittal Within ninety (90) days after the final submission date for Request for Proposal, the City will act upon them. The successful firm will be requested to enter into negotiations to produce a contract for the City of South Miami Consultant Service for Impact Fee Studies. The City reserves the right to terminate negotiations in the event it deems progress towards a contract to be insufficient and to proceed to negotiate with the next best Firm. 13. Applicable Law All applicable laws and regulations of the State of Florida, Miami-Dade Count and of the City of South Miami will apply to any resulting agreement and venue for any action arising out of the Contract shall be in Miami-Dade County, Florida and such right shall remain solely with the City. 14. Qualification of Proposin~ Firm Response submittals to this RFP will be considered from firms normally engaged in providing the services requested. The proposing firm must demonstrate adequate experience, organization, offices, equipment and personnel to ensure prompt and efficient service to the City of South 9 Miami. The City reserves the right, before recommending any award, to inspect the offices and organization or to take any other action necessary to determine ability to perform in accordance with the specifications, terms and conditions. The City will determine whether the evidence of ability to perform is satisfactory and reserves the right to reject the response submittal to this RFP where evidence submitted, or investigation and evaluation, indicates inability of a firm to perform. 15. Designated Contact The awarded firm shall appoint a person to act as a primary contact with the City and may appoint a back-up contact person. This designated contact person, and the alternate contact person if any, shall have authority to bind the Firm and be readily available during normal work hours by phone, email, or in person, shall be knowledgeable of the terms and conditions of the Contract and the work being performed and shall be sufficiently versed in the English language so as to be able to clearly communicate with the CSM staff. 16. Deviations from Specifications The awarded firm shall clearly indicate, as applicable, all areas in which the services proposed do not fully comply with the requirements of this RFP. The decision as to whether an item fully complies with the stated requirements rests solely with the City. 17. Precedence The proposing Firm, by virtue of submitting a response, agrees that, unless the City agrees otherwise in writing, the RFP and the CSM's General Provisions, Terms and Conditions set forth in the RFP shall take precedence over any terms and conditions submitted with the response, either appearing separately or included. 18. Response Withdrawal After response submittals for this RFP are opened, corrections or modifications to responses are not permitted, but the proposing firm may be permitted to withdraw an erroneous response prior to the proposal award by City Commission, if the following is established: 18.1 That the proposing firm acted in good faith in submitting the response; 18.2 That the error was not the result of gross negligence or willful inattention on the part of the firm; 18.3 That the error was discovered and communicated to the City within twenty-four (24) hours of opening the response submittals received, along with a request for permission to withdraw the response; or 18.4.1 The firm submits documentation and an explanation of how the response submittal error was made. 10 19. Public Entity Crimes A person or affiliate who was placed on the Convicted Vendors List following a conviction for a public entity crime may not submit a response on a contract to provide any services to a public entity, may not submit RFP on leases of real property to a public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for a period of 36 months from the date of being placed on the Convicted Vendors List. 20. Contingent Fees Prohibited The proposing firm must warrant that it has not employed or retained a company or person, other than a bona fide employee, contractor or subcontractor, working in its employ, to solicit or secure a contract with the City, and that it has not paid or agreed to pay any person, company, corporation, individual or firm other than a bona fide employee, contractor or sub- consultant, working in its employ, any fee, commission, percentage, gift or other consideration contingent upon or resulting from the award or making of a contract with the City. 21. Auditable Records The proposing firm shall maintain auditable records concerning the procurement adequate to account for all receipts and expenditures, and to document compliance with the specifications. These records shall be kept in accordance with generally accepted accounting principles, and the City reserves the right to determine record-keeping method in the event of non-conformity. These records shall be maintained for five (5) years after final payment has been made and shall be readily available to CSM personnel with reasonable notice, and to other persons in accordance with the Florida Public Discfosure Statutes. 22. Unauthorized Aliens The employment of unauthorized aliens by any firm is considered a violation of Federal Law. If the contractor knowingly employs unauthorized aliens, such violation shall be cause for unilateral cancellation of any contract resulting from this RFP. This applies to any sub- contractors used by the firm as well. 23. Waiver Failure of the City to take any action with respect to any breach of any term, covenant, provision or condition contained in the agreement, or any instance of default there under by the awarded firm should not be deemed to be a waiver of any default or breach by the CSM. 24. Attorney's Fees Should it become necessary for the CSM to bring any action against the awarded firm to enforce any of the covenants, provisions, terms or conditions of the agreement, the awarded firm will pay all costs attendant thereto, incfuding reasonable attorney's fees for the CSM. 11 PRICE PROPOSAL SHEET Proposers must include the Price Proposal Sheet with their submittal. Failure to do so will render your proposal non-responsive and will be rejected from further consideration. Lump Sum Proposal is in accordance with the Scope of Services in "RFP #IT-2013-05." Proposers must verify and confirm the network quoted will be adequate. All wireless equipment used in this deployment must be from Tropos. No other substitutes will be considered. LUMP SUM PROPOSAL: $ In addition to the "Lump Sum Proposal," Proposer must provide the following: 1. A Bill of Materials -to Support their Lump Sum Proposal. 2. Map of Network Quoted -proposals shall include a map indentifying the location of the devices quote in the of the City of South Miami Downtown location. END OF SECTION 12 PUBLIC ENTITY CRIMES AND CONFLICTS OF INTEREST Pursuant to the provisions of Paragraph (2) (a) of Section 287. 133, Florida State Statutes -"A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a Bid on a Contract to provide any goods or services to a public entity, may not submit a Bid on a Contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded to perform work as a Contractor, supplier, Subcontractor, or Consultant under a Contract with any public entity, and may not transact business with any public entity in excess of the threshold amount Category Two of Section 287.017, Florida Statutes, for thirty six (36) months from the date of being placed on the convicted vendor list". The award of any contract hereunder is subject to the provisions of Chapter I 12, Florida State Statutes. BIDDERS must disclose with their Bids, the name of any officer, director, partner, associate or agent who is also an officer or employee of the City of South Miami or it's agencies. SWORN STATEMENT PURSUANT TO SECTION 287.133 (3)(a), FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS. I. This sworn statement is submitted to ----------------------------------- [print name of the public entity] by __________________________ ~-------------------------- [print individual's name and title] for __________________________________________________________ __ [print name of entity submitting sworn statement] whose business address is and (if applicable) its Federal Employer Identification Number (FEIN) is (If the entity has no FEIN, include the Social Security Number of the individual signing this sworn statement: ----------------:.) 2. I understand that a "public entity crime" as defined in Paragraph 287.133 (I )(g), Florida Statutes, means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or of the United States, including, but not limited to , any bid or contract for goods 13 or services to be provided to any public entity or an agency or political subdivision of any other state or of the United States and involving antitrust. fraud. theft. bribery. collusion. racketeering. conspiracy. or material misrepresentation. 3. I understand that "convicted" or "conviction" as defined in Paragraph 287.133 (I )(b). Florida Statutes. means a finding of guilt or a conviction of a public entity crime. with or without an adjudication of guilt. in any federal or state trial court of record relating to charges brought by indictment or information after July I. 1989. as a result of a jury verdict. non-jury trial. or entry of a plea of gUilty or nolo contendere. 4. I understand that an "affiliate" as defined in Paragraph 287.133 (I )(a). Florida Statutes. means: (a) A predecessor or successor of a person convicted of a public entity crime; or (b) An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term "affiliate" includes those officers. directors. executives. partners. shareholders. employees. members. and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in any person. or a pooling of equipment or income among persons when not for fair market value under an arm's length agreement. shall be a prima facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. S. I understand that a "person" as defined in Paragraph 287.133 (1)( e). Florida Statutes. means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding contract and which bids or applies to bid on contracts for the provision of goods or services led by a public entity. or which otherwise transacts or applies to transact business with a public entity. The term "person" includes those officers. directors. executives. partners. shareholders. employees. members. and agents who are active in management of an entity. 6. Based on information and belief. the statement which I have marked below is true in relation to the entity submitting this sworn statement. [Indicate which statement applies.] ___ Neither the entity submitting this sworn statement. nor any of its officers. directors. executives. partners. shareholders. employees. members. or agents who are active in the management of the entity. nor any affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July I. 1989. ___ The entity submitting this sworn statement. or one or more of its officers. directors. executives. partners. shareholders. employees. members. or agents who are active in the management of the entity. or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July I. 1989. ___ The entity submitting this sworn statement. or one or more of its officers. directors. executives. partners. shareholders. employees. members. or agents who are active in the management of the entity. or an affiliate of the entity has been charged with and convicted of a 14 public entity crime subsequent of July I, 1989. However, there has been a subsequent proceeding before a Hearing Officer of the State of Florida, Division of Administrative Hearings and the Final Order entered by the Hearing Officer determined that it was not in the public interest to place the entity submitting this sworn statement on the convicted vendor list. {attach a copy of the final order.] Continuation of Attachment #2 Public Entity Crimes and Confficts I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY INDENTIFIED IN PARAGRAPH I (ONE) ABOVE IS FOR THAT PUBLIC ENTITY ONLY, AND THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED. I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017, FLORIDA STATUTES, FOR CATEGORY TWO OF ANY CHANGE IN THE INFORMATION CONTAINED IN THIS FORM. [signature] Sworn to and subscribed before me this day of ,20 Personally known or Produced identification Notary Public -State of My commission expires (Type of identification) (Printed, typed or stamped commissioned name of notary public) Form PUR 7068 (Rev.06/11/92) 15 DRUG FREE WORKPLACE Whenever two or more Bids which are equal with respect to price, quality and service are received by the State or by any political subdivisions for the procurement of commodities or contractual services, a Bid received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. Established procedures for processing tie Bids will be followed if none of the tied vendors have a drug-free workplace program. In order to have a drug-free workplace program, a business shall: I. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business' policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are under Bid a copy of the statement specified in Subsection (I). 4. In the statement specified in Subsection (I), notify the employees, that, as a condition of working on the commodities or contractual services that are under Bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program, if such is available in the employee's community, by any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. PROPOSER's Signature: Print Name: Date: 16 No CONFLICT OF INTEREST/NoN-COLLUSION CERTIFICATION Submitted this __ day of __________ ---', 20 ___ ----' The undersigned, as Bidder/Proposer, declares that the only persons interested in this RFP are named herein; that no other person has any interest in this RFP or in the Contract to which this RFP pertains; that this response is made without connection or arrangement with any other person; and that this response is in every respect fair and made in good faith, without collusion or fraud. The Bidder/Proposer agrees if this response/submission is accepted, to execute an appropriate CSM document for the purpose of establishing a formal contractual relationship between the Bidder/Proposer and the CSM, for the performance of all requirements to which the response/submission pertains. The Bidder/Proposer states that this response is based upon the documents identified by the following number: Bid/RFP The full-names and residences of persons and firms interested in the foregoing bid/proposal, as principals, are as follows: Name Street Address City State Zip The Bidder/Proposer further certifies that this response/submission complies with section 4(c) of the Charter of the City of Miami, Florida, that, to the best of its knowledge and belief, no Commissioner, Mayor, or other officer or employee of the CSM has an interest directly or indirectly in the profits or emoluments of the Contract, job, work or service to which the response/submission pertains. Signature: Printed Name: Title: Telephone: 17 Company Name NOTARY PUBLIC: STATE OF COUNTY OF The foregoing instrument was acknowledged before me this ___ day of _________ " 20 ___ by ________________ (name of person whose signature is being notarized) who is SEAL Personally known to me, or Personal identification: Type of Identification Produced Did take an oath, or Did Not take an oath. (Name of Notary Public: Print, Stamp or type as commissioned.) FAILURE TO COMPLETE. SIGN, & RETURN THIS FORM MAY DISQUALIFY YOUR RESPONSE 18 ACKNOWLEDGEMENT OF CONFORMANCE WITH OSHA STANDARDS TO THE CITY OF SOUTH MIAMI We, , (Name of Contractor), hereby acknowledge and agree that as Contractors for the Concurrency Analysis and Impact Fee Study RFP, as specified have the sole responsibility for compliance with all the requirements of the Federal Occupational Safety and Health Act of 1970, and all State and local safety and health regulations, and agree to indemnify and hold harmless the City of South Miami against any and all liability, claims, damages, losses and expenses they may incur due to the failure of (subcontractor's names): to comply with such act or regulation. CONTRACTOR Witness BY: ______________________________ __ Name Title FAILURE TO COMPLETE. SIGN, & RETURN THIS FORM MAY DISQUALIFY YOUR RESPONSE 19 RELATED PARTIES TRANSACTION VERIFICATION FORM -----;NOTa=m=eC"":o7f"'Re=p-=re:::cse=n=ta7uv-=e--------'. individually and on behalf of ----c7o=m:-:p-::an=-y7i"/ltT:en=dT.:"or::71/Ei":n7Uty::c--("Firm ") have read the City of South Miami ("CSM")'s Code of Ethics. Section 8A-1 of the CSM's Code of Ordinances and I hereby certify. under penalty of perjury that to the best of my knowledge. information and belief: (I) neither I nor the Firm have any conflict of interest (as defined in section 8A-I) with regard to the contract or business that I. and/or the Firm. am (are) about to perform for. or to transact with. the CSM. and (2) neither I nor any employees. officers. directors of the Firm. nor anyone who has a financial interest greater than 5% in the Firm. has any relative(s). as defined in section 8A-I. who is an employee of the CSM or who is(are) an appointed or elected official of the CSM. or who is(are) a member of any public body created by the City Commission. i.e.. a board or committee of the CSM. and (3) neither I nor the Firm. nor anyone who has a financial interest greater than 5% in the Firm. nor any member of those persons' immediate family (Le .. spouse. parents. children. brothers and sisters) has transacted or entered into any contract(s) with the CSM or has a financial interest. direct or indirect. in any business being transacted with the CSM, or with any person or agency acting for the CSM. other than as follows: (use a separate sheet to supply additional information that will not fit on this line but make reference to the additional sheet which must be signed under oath). (4) no elected and/or appointed official or employee of die City of South Miami. or any of their immediate family members (Le .. spouse. parents. children. brothers and sisters) has a financially interest. directly or indirectly. in the contract between you and/or your Firm and the CSM other than the following individuals whose interest is set forth following their names: _______________________________ (use a separate sheet to supply additional information that will not fit on this line but make reference to the additional sheet which must be signed under oath). The names of all CSM employees and that of all elected and/or appointed CSM officials or board members. who own. directly or indirectly. an interest of five percent (5%) or more of the total assets of capital stock in the firm are as follows: -...,--:_-:-__ --:-,-_-:--_-..., __ -o-(use a separate sheet to supply additional information that will not fit on this line but make reference to the additional sheet which must be signed under oath). (5) I and the Firm further agree not to use or attempt to use any knowledge. property or resource which may come to us through our position of trust. or through our performance of our duties under the terms of the contract with the CSM. to secure a special privilege. benefit. or exemption for ourselves. or others. We agree that we may not disclose or use information. not available to members of the general public. for our personal gain or benefit or for the personal gain or benefit of any other person or business entity. outside of the normal gain or benefit anticipated through the performance of the contract. (6) I and the Firm hereby acknowledge that we have not contracted or transacted any business with the CSM or any person or agency acting for the CSM. and that we have not appeared in representation of any third party before any board. commission or agency of the CSM within the past two years other than as follows: (use a separate sheet to supply additional information that will not fit on this line but make reference to the additional sheet which must be signed under oath). Neither I nor any employees. officers. or directors of the Firm. nor any of their immediate family (Le .. as a spouse. son. daughter. parent. 20 brother or sister) is related by blood or marriage to: (i) any member of the City Commission; (ii) any city employee; or (iii) any member of any board or agency of the CSM other than as follows: _::--_-,-__ -:------:-______ .,-,(use a separate sheet to supply additional information that will not fit on this line but make reference to the additional sheet which must be signed under oath). (7) No Other Firm, nor any officers or directors of that Other Firm or anyone who has a financial interest greater than 5% in that Other Firm, nor any member of those persons' immediate family (Le., spouse, parents, children, brothers and sisters) nor any of my immediate family members (hereinafter referred to as "Related Parties") has responded to a solicitation by the CSM in which I or the Firm that I represent or anyone who has a financial interest greater than 5% in the Firm, or any member of those persons' immediate family (Le. spouse, parents, children, brothers and sisters) have also responded, other than the following: _____ ::--__________ (use a separate sheet to supply additional information that will not fit on this line but make reference to the additional sheet which must be signed under oath). (8) I and the Firm agree that we are obligated to supplement this Verification Form and inform the City of any change in circumstances that would change our answers to this document. Specifically, after the opening of any responses to a solicitation, I and the Firm have an obligation to supplement this Verification Form with the name of all Related Parties who have also responded to the same solicitation and to disclose the relationship of those parties to me and the Firm. (9) A violation of the CSM's Ethics Code, the giving of any false information or the failure to supplement this Verification Form, may subject me or the Firm to immediate termination of any agreement with the CSM, and the imposition of the maximum fine and/or any penalties allowed by law. Additionally, violations may be considered by and subject to action by the Miami-Dade County Commission on Ethics. Under penalty of perjury, I declare that I have made a diligent effort to investigate the matters to which I am attesting hereinabove and that the statements made hereinabove are true and correct to the best of my knowledge, information and belief. Signature: __________________ _ Print Name & Title: ______________ _ Date: ____________________ _ ATTACHED: Sec. 8A-1 -Conflict of interest and code of ethics ordinance. 21 Section 8A·1 CODE OF ETHIC Sec. SA-I. -Conflict of interest and code of ethics ordinance. (a) Designation. This section shall be designated and known as the "City of South Miami Conflict of Interest and Code of Ethics Ordinance." This section shall be applicable to all city personnel as defined below, and shall also constitute a standard of ethical conduct and behavior for all autonomous personnel, quasi-judicial personnel, advisory personnel and departmental personnel. The provisions of this section shall be applied in a cumulative manner. By way of example, and not as a limitation, subsections (c) and (d) may be applied to the same contract or transaction. (b) Definitions. For the purposes of this section the following definitions shall be effective: (I) The term "commission members" shall refer to the mayor and the members of the city commission. (2) The term "autonomous personnel" shall refer to the members of autonomous authorities, boards and agencies, such as the city community redevelopment agency and the health facilities authority. (3) The term "quasi-judicial personnel" shall refer to the members of the planning board, the environmental review and preservation board, the code enforcement board and such other individuals, boards and agencies of the city as perform quasi-judicial functions. (4) The term "advisory personnel" shall refer to the members of those city advisory boards and agencies whose sole or primary responsibility is to recommend legislation or give advice to the city commission. (5) The term "departmental personnel" shall refer to the city clerk, the city manager, department heads, the city attorney, and all assistants to the city clerk, city manager and city attorney, however titled. (6) The term "employees" shall refer to all other personnel employed by the city. (7) The term "compensation" shall refer to any money, gift, favor, thing of value or financial benefit conferred, or to be conferred, in return for services rendered or to be rendered. (8) The term "controlling financial interest" shall refer to ownership, directly or indirectly, of ten percent or more of the outstanding capital stock in any corporation or a direct or indirect interest of ten percent or more in a firm, partnership, or other business entity at the time of transacting business with the city. (9) The term "immediate family" shall refer to the spouse, parents, children, brothers and sisters of the person involved. (10) The term "transact any business" shall refer to the purchase or sale by the city of specific goods or services for consideration and to submitting a bid, a proposal in response to a RFP, a statement of qualifications in response to a request by the city, or 22 entering into contract negotiations for the provision on any goods or services. whichever first occurs. (c) Prohibition on transaaing business with the city. No person included in the terms defined in paragraphs (b)( I) through (6) and in paragraph (b)(9) shall enter into any contract or transact any business in which that person or a member of the immediate family has a financial interest. direct or indirect with the city or any person or agency acting for the city. and any such contract. agreement or business engagement entered in violation of this subsection shall render the transaction voidable. Willful violation of this subsection shall constitute malfeasance in office and shall effect forfeiture of office or position. Nothing in this subsection shall prohibit or make illegal: ( I ) The payment of taxes. special assessments or fees for services provided by the city government; (2) The purchase of bonds. anticipation notes or other securities that may be issued by the city through underwriters or directly from time to time. Waiver or prohibition. The requirements of this subsection may be waived for a particular transaction only by four affirmative votes of the city commission after public hearing upon finding that: (I) An open-to-all sealed competitive proposal has been submitted by a city person as defined in paragraphs (b)(2). (3) and (4); (2) The proposal has been submitted by a person or firm offering services within the scope of the practice of architecture. professional engineering. or registered land surveying. as defined by the laws of the state and pursuant to the provisions of the Consultants' Competitive Negotiation Act. and when the proposal has been submitted by a city person defined in paragraphs (b)(2). (3) and (4); (3) The property or services to be involved in the proposed transaction are unique and the city cannot avail itself of such property or services without entering a transaction which would violate this subsection but for waiver of its requirements; and (4) That the proposed transaction will be in the best interest of the city. This subsection shall be applicable only to prospective transactions. and the city commission may in no case ratify a transaction entered in violation of this subsection. Provisions cumulative. This subsection shall be taken to be cumulative and shall not be construed to amend or repeal any other law pertaining to the same subject matter. (d) Further prohibition on transaaing business with the city. No person included in the terms defined in paragraphs (b)(l) through (6) and in paragraph (b)(9) shall enter into any contract or transact any business through a firm. corporation. partnership or business entity in which that person or any member of the immediate family has a controlling financial interest. direct or indirect. with the city or any person or agency acting for the city. and any such contract. agreement or business engagement entered in violation of this subsection shall render the transaction voidable. The remaining provisions of subsection (c) will 23 also be applicable to this subsection as though incorporated by recitation. Additionally, no person included in the term defined in paragraph (b)( I) shall vote on or participate in any way in any matter presented to the city commission if that person has any of the following relationships with any of the persons or entities which would be or might be directly or indirectly affected by any action of the city commission: (e) (I) Officer, director, partner, of counsel, consultant, employee, fiduciary or beneficiary; or (2) Stockholder, bondholder, debtor, or creditor, if in any instance the transaction or matter would affect the person defined in paragraph (b)( I) in a manner distinct from the manner in which it would affect the public generally. Any person included in the term defined in paragraph (b)( I) who has any of the specified relationships or who would or might, directly or indirectly, realize a profit by the action of the city commission shall not vote on or participate in any way in the matter. Gifts. (I) Definition. The term "gift" shall refer to the transfer of anything of economic value, whether in the form of money, service, loan, travel, entertainment, hospitality, item or promise, or in any other form, without adequate and lawful consideration. (2) Exceptions. The provisions of paragraph (e)( I) shall not apply to: a. Political contributions specifically authorized by state law; b. Gifts from relatives or members of one's household, unless the person is a conduit on behalf of a third party to the delivery of a gift that is prohibited under paragraph (3); c. Awards for professional or civic achievement; d. Material such as books, reports, periodicals or pamphlets which are solely informational or of an advertising nature. (3) Prohibitions. A person described in paragraphs (b)( I) through (6) shall neither solicit nor demand any gift. It is also unlawful for any person or entity to offer, give or agree to give to any person included in the terms defined in paragraphs (b)( I) through (6), or for any person included in the terms defined in paragraphs (b)( I) through (6) to accept or agree to accept from another person or entity, any gift for or because of: a. An official public action taken, or to be taken, or which could be taken, or an omission or failure to take a public action; b. A legal duty performed or to be performed, or which could be performed, or an omission or failure to perform a legal duty; c. A legal duty violated or to be violated, or which could be violated by any person included in the term defined in paragraph (b)( I); or d. Attendance or absence from a public meeting at which official action is to be taken. (4) Disclosure. Any person included in the term defined in paragraphs (b)( I) through (6) shall disclose any gift, or series of gifts from anyone person or entity, having a value in excess of $25.00. The disclosure shall be made by filing a copy of the disclosure form required by chapter 24 I 12, Florida Statutes, for "local officers" with the city clerk simultaneously with the filing of the form with the clerk of the county and with the Florida Secretary of State. (f) Compulsory disclosure by employees of firms doing business with the city. Should any person included in the terms defined in paragraphs (b)( I) through (6) be employed by a corporation, firm, partnership or business entity in which that person or the immediate family does not have a controlling financial interest, and should the corporation, firm, partnership or business entity have substantial business commitments to or from the city or any city agency, or be subject to direct regulation by the city or a city agency, then the person shall file a sworn statement disclosing such employment and interest with the clerk of the city. (g) Exploitation of offiCial position prohibited. No person included in the terms defined in paragraphs (b)(l) through (6) shall corruptly use or attempt to use an official position to secure special privileges or exemptions for that person or others. (h) Prohibition on use of confidential information. No person included in the terms defined in paragraphs (b)( I) through (6) shall accept employment or engage in any business or professional activity which one might reasonably expect would require or induce one to disclose confidential information acquired by reason of an official position, nor shall that person in fact ever disclose confidential information garnered or gained through an official position with the city, nor shall that person ever use such information, directly or indirectly, for personal gain or benefit. (i) Conf/iaing employment prohibited. No person included in the terms defined in paragraphs (b)( I) through (6) shall accept other employment which would impair independence of judgment in the performance of any public duties. (j) Prohibition on outside employment (I) No person included in the terms defined in paragraphs (b)(6) shall receive any compensation for services as an officer or employee of the city from any source other than the city, except as may be permitted as follows: a. Generally prohibited. No full-time city employee shall accept outside employment, either incidental, occasional or otherwise, where city time, equipment or material is to be used or where such employment or any part thereof is to be performed on city time. b. When permitted. A full-time city employee may accept incidental or occasional outside employment so long as such employment is not contrary, detrimental or adverse to the interest of the city or any of its departments and the approval required in subparagraph c. is obtained. c. Approval of department head required. Any outside employment by any full- time city employee must first be approved in writing by the employee's department head who shall maintain a complete record of such employment. d. Penalty. Any person convicted of violating any provision of this subsection shall be punished as provided in section I-I I of the Code of Miami-Dade County and, in addition shall be subject to dismissal by the appointing 25 authority. The city may also assess against a violator a fine not to exceed $500.00 and the costs of investigation incurred by the city. (2) All full-time city employees engaged in any outside employment for any person. firm. corporation or entity other than the city. or any of its agencies or instrumentalities. shall file. under oath. an annual report indicating the source of the outside employment. the nature of the work being done and any amount of money or other consideration received by the employee from the outside employment. City employee reports shall be filed with the city clerk. The reports shall be available at a reasonable time and place for inspection by the public. The city manager may require monthly reports from individual employees or groups of employees for good cause. (k) Prohibited investments. No person included in the terms defined in paragraphs (b)( I) through (6) or a member of the immediate family shall have personal investments in any enterprise which will create a substantial conflict between private interests and the public interest. (I) Certain appearances and payment prohibited. (I) No person included in the terms defined in paragraphs (b)( I). (5) and (6) shall appear before any city board or agency and make a presentation on behalf of a third person with respect to any matter. license. contract. certificate. ruling. decision. opinion. rate schedule. franchise. or other benefit sought by the third person. Nor shall the person receive any compensation or gift. directly or indirectly. for services rendered to a third person. who has applied for or is seeking some benefit from the city or a city agency. in connection with the particular benefit sought by the third person. Nor shall the person appear in any court or before any administrative tribunal as counselor legal advisor to a party who seeks legal relief from the city or a city agency through the suit in question. (2) No person included in the terms defined in paragraphs (b)(2). (3) and (4) shall appear before the city commission or agency on which the person serves. either directly or through an associate. and make a presentation on behalf of a third person with respect to any matter. license. contract. certificate. ruling. decision. opinion. rate schedule. franchise. or other benefit sought by the third person. Nor shall such person receive any compensation or gift. directly or indirectly. for services rendered to a third party who has applied for or is seeking some benefit from the city commission or agency on which the person serves in connection with the particular benefit sought by the third party. Nor shall the person appear in any court or before any administrative tribunal as counselor legal advisor to a third party who seeks legal relief from the city commission or agency on which such person serves through the suit in question. (m) Actions prohibited when financial interests involved. No person included in the terms defined in paragraphs (b)( I) through (6) shall participate in any official action directly or indirectly affecting a business 26 in which that person or any member of the immediate family has a financial interest. A financial interest is defined in this subsection to include, but not be limited to, any direct or indirect interest in any investment, equity, or debt. (n) Acquiring financial interests. No person included in the terms defined in paragraphs (b)( I) through (6) shall acquire a financial interest in a project, business entity or property at a time when the person believes or has reason to believe that the financial interest may be directly affected by official actions or by official actions by the city or city agency of which the person is an official, officer or employee. (0) Recommending professional services. No person included in the terms defined in paragraphs (b)( I) through (4) may recommend the services of any lawyer or law firm, architect or architectural firm, public relations firm, or any other person or firm, professional or otherwise, to assist in any transaction involving the city or any of its agencies, provided that a recommendation may properly be made when required to be made by the duties of office and in advance at a public meeting attended by other city officials, officers or employees. (p) Continuing application afi:er city service. (I) No person included in the terms defined in paragraphs (b)(I), (5) and (6) shall, for a period of two years after his or her city service or employment has ceased, lobby any city official [as defined in paragraphs (b)( I) through (6)] in connection with any judicial or other proceeding, application, RFP, RFQ, bid, request for ruling or other determination, contract, claim, controversy, charge, accusation, arrest or other particular subject matter in which the city or one of its agencies is a party or has any interest whatever, whether direct or indirect. Nothing contained in this subsection shall prohibit any individual from submitting a routine administrative request or application to a city department or agency during the two-year period after his or her service has ceased. (2) The provisions of the subsection shall not apply to persons who become employed by governmental entities, 50 I (c)(3) non-profit entities or educational institutions or entities, and who lobby on behalf of those entities in their official capacities. (3) The provisions of this subsection shall apply to all persons described in paragraph (p)( I) whose city service or employment ceased after the effective date of the ordinance from which this section derives. (4) No person described in paragraph (p)( I) whose city service or employment ceased within two years prior to the effective date of this ordinance shall for a period of two years after his or her service or employment enter into a lobbying contract to lobby any city official in connection with any subject described in paragraph (p)( I) in which the city or one of its agencies is a party or has any direct and substantial interest; and in which he or she participated directly or indirectly through decision, approval, disapproval, recommendation, the rendering of advice, investigation, or otherwise, during his or her city service or employment. A person participated "directly" where he or she was substantially involved in the particular subject matter through decision, approval, disapproval, recommendation, the rendering of advice, investigation, or otherwise, 27 during his or her city service or employment. A person participated "indirectly" where he or she knowingly participated in any way in the particular subject matter through decision. approval. disapproval. recommendation. the rendering of advice. investigation. or otherwise. during his or her city service or employment. All persons covered by this paragraph shall execute an affidavit on a form approved by the city attorney prior to lobbying any city official attesting that the requirements of this subsection do not preclude the person from lobbying city officials. (5) Any person who violates this subsection shall be subject to the penalties provided in section SA-2(p). (q) City attorney to render opinions on request Whenever any person included in the terms defined in paragraphs (b)( I) through (6) and paragraph (b)(9) is in doubt as to the proper interpretation or application of this conflict of interest and code of ethics ordinance. or whenever any person who renders services to the city is in doubt as to the applicability of the ordinance that person. may submit to the city attorney a full written statement of the facts and questions. The city attorney shall then render an opinion to such person and shall publish these opinions without use of the name of the person advised unless the person permits the use of a name. END OF SECTION 28 EXHIBIT I : CONSULTANT SERVICES AGREEMENT FOR WIRE MESH DOWNTOWN NETWORK THIS CONTRACT is made between , a Florida corporation, ("CONSULTANT") and the City of South Miami, a Florida municipal corporation, ("CSM") through CSM's City Manager (who shall hereinafter be referred to as "City"), on this this day of ____________ ---', 20 __ . NOW, THEREFORE, in consideration of the mutual promises and agreements hereinafter set forth, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: I. General Provisions: The CONSULTANT shall not commence performance of the Scope of Services ("WORK"), as described in the Attachment "Au to this Contract, until a Notice to Proceed is issued. 2. Contract Documents and Precedence. The Contract Documents shall include the Request for Proposal, including all attachments and affidavits to the solicitation ("RFP"), the Response to the RFP, including all attachments and affidavits to the Response ("Response to RFP"), and this agreement, including all attachments to this agreement ("Contract"). In the event that there is a conflict between any of the Contract Documents, this Contract shall prevail. In the event that there is a conflict between the RFP and the Response to RFP, the RFP shall take precedence over the Response. 3. Professional Services. The professional services to be provided by the CONSULTANT shall be as set forth in the Scope of the Work which has been marked as Attachment "Au and made a part of this Contract by reference. 4. Time for Completion The term of this contract shall expire nine months from the date of award, and shall commence on the date set forth in the Notice to Proceed. A. This Contract shall remain in force until the actual completion of performance of the project awarded to the CONSULTANT, or unless otherwise terminated by the CITY. B. A reasonable extension of time will be granted in the event there is a delay on the part of the CITY in fulfilling its part of the Contract, or for any applicable changes in the WORK that require additional time or should any other events beyond the control of the CONSULTANT render performance of his duties impossible to be performed within the time required by this Contract. Notwithstanding anything contained herein to the contrary, the total time for the completion of this contract shall not exceed one (I) year unless this contract had been approved by the City Manager. 5. Renewal Option. This Contract may be renewed, at the sole discretion of the City Commission for the City of South Miami, for an additional period not to exceed a total contract period, including renewals, of five (5) years. 29 6. Basis of Compensation. The fees for Professional Services for the WORK is as set forth on Attachment "B", which is attached to this Contract and made a part thereof by reference. 7. Payment and Partial Payments. In the event that the contract price is not a lump sum, the CONSULTANT shall submit an original invoice to the City's project representative for each payment certifying the percentage of the WORK completed by the CONSULTANT. The invoice shall contain the following information: A. The amount of the invoices submitted shall be the amount due for all WORK performed to date, as certified by the CONSULTANT. B. The request for payment shall include the following information: i. Project Name and CONSULTANT's Name. ii. Total Contract amount (CONSULTANT's lump sum negotiated), if applicable. iii. Percent of work completed. iv. Amount earned. v. Amount previously billed. vi. Due this invoice. vii. Balance remaining. viii. Summary of work done this billing period. ix. Invoice number and date. x. CONSULTANTsW-9 C. Upon request by the CITY the CONSULTANT shall provide the CITY with certified payroll data for the WORK reflecting salaries and hourly rates. 8. Right of Decisions. All services shall be performed by the CONSULTANT to the satisfaction of the CITY's representative, who shall decide all questions, difficulties and disputes of whatever nature which may arise under or by reason of this Contract, the prosecution and fulfillment of the services, and the character, quality, amount and value and the representative's decisions upon all claims, questions, and disputes shall be final, conclusive and binding upon the parties unless such determination is clearly arbitrary or unreasonable. In the event that the CONSULTANT does not concur in the judgment of the representative as to any decisions made by him, he shall present his written objections to the City Manager and shall abide by the decision of the City Manager. 9. Ownership of Documents. All reports and reproducible documents, and other data developed by the CONSULTANT for the purpose of this Contract shall become the property of the CITY without restriction or limitation in connection with the owner's use and occupancy, if any, of the project. The City may reuse of these documents without the need for consent of the CONSULTANT. When each individual section or phase, if any, of the WORK under this Contract is complete all of the above applicable data shall be delivered to the CITY. 10. Audit Rights. The CITY reserves the right to audit the records of the CONSULTANT related to this Contract at any time during the execution of the WORK and for a period of one year after final payment is made. This provision is applicable only to projects that are on a time and cost basis. II. Subletting or Assigning. The CONSULTANT shall not sublet, assign, or transfer any WORK under this Contract or any of the services to be performed by it hereunder, without the prior written consent of the CITY. 30 Any assignment or subcontracting in violation hereof shall be void and unenforceable and shall be deemed a material breach of this Contract. The CONTRACTOR shall be as fully responsible to the CITY for the acts and omissions of its subcontractors or sub-consultants as it is for the acts and omissions of people directly employed by it. The CONTRACTOR shall require each subcontractor or sub-consultant, approved by the CITY, to agree in its contract to observe and be bound by all obligations and conditions of this Contract to which CONTRACTOR is bound. 12. Personnel. All CONSULTANT personnel fulfilling the terms of this Contract, shall be employed solely by the CONSULTANT and be employees of the CONSULTANT. CONSULTANT agrees to pay the following for CONSULTANT employees: Wages Income tax with holdings Social security withholdings State unemployment insurance Federal unemployment insurance Workmen's compensation insurance CONSU L T ANT shall train personnel. Personnel not performing up to the standards of the City will be replaced by the CONSULTANT immediately. 13. Representations. The CONSULTANT warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the CONSULTANT, to solicit or secure this contract and that he has not paid or agreed to pay any company or person other than a bona fide employee working solely for the CONSU L T ANT any fee, commission, percentage fee, gifts or any other considerations contingent upon or resulting from the award or making of this contract. For breach or violation of these representations, the CITY shall have the right to annul this contract without liability. 14. Termination of Contract. It is expressly understood and agreed that the CITY may terminate this Contract without penalty by declining to issue the Notice to Proceed. A. Either party may terminate this Agreement without cause upon 30 days written notice to the other party. Upon termination, the CITY shall be entitled to a refund of any monies paid for which work was not performed. B. Upon notice of such termination, the City shall determine the amounts due to the CONSULTANT for services performed up to the date of termination. The CONSULTANT shall not be entitled to payment of any lost profits or for Work performed after the date of termination. C. After receipt of a notice of termination, and except as otherwise directed, the CONSU L T ANT shall stop all Work under this Agreement, and shall do so on the date specified in the notice of termination. 31 D. The City may terminate this Agreement upon five (5) days written notice ifthe CONSULTANT defaults on any material term of this Agreement. 15. Breach of Contract and Claims. In the event either party fails to comply with any of the provisions of this Contract (the "Defaulting Party"). the aggrieved party may declare the Defaulting Party in breach of the Contract ("in Default") and notify him in writing. citing the provision in the Contract that is alleged to have been breached and describing. with particularity. the acts or omissions that form the basis for such conclusion. A. The Defaulting Party shall have thirty (30) days after receiving written notice of the Default ("Cure Period") to cure the Default. unless this same or similar Default has occurred within the previous 180 days. in which event the Defaulting Party shall have waived its right to cure and the aggrieved party shall have the right to immediately discontinue his performance and sue for breach of contract. A Default of the same or similar nature that has occurred twice within a 180 day continuous period of time. or the failure to timely cure a Default. shall be a material breach of the contract unless a request for extension of time is timely made and the Contractor proceeds to timely cure the Default with the extended time. B. In the event that the Defaulting Party has not waived his right to cure and it is impossible to cure the Default within the Cure Period. through no fault of the Defaulting Party. the Default Party may. prior to the expiration of the Cure Period. serve the aggrieved party with a request for an extension of time setting forth the reason for the delay and the evidence establishing the basis for the request. If the Defaulting Party timely requests an extension of time to cure the Default. the Defaulting party shall have sufficient time to cure the Default. The term "Sufficient Time" shall mean the minimum amount of time necessary to cure the Default. using all due diligence and without any undue delay. and no more time than is necessary to cure the Default. C. In the event that the Defaulting Party has either waived the right to cure. or if he has not waived his right and fails to timely cure the Default (including any timely extension of time authorized) and it is not impossible to cure the Default within the Cure Period including any authorized extension of time. or. if it is impossible to timely cure the Default but the Defaulting party fails to use all due diligence. or it delays the cure in any way. the aggrieved party shall have the right. but not the obligation. to cure the Default. or to discontinue further performance on its part and sue for breach of contract. 16. Notice of Claims. If the Contractor has a claim arising out of this Contract and/or the work contemplated by or performed pursuant to this Contract. a Notice of Claim shall be made in writing and delivered to the City within twenty one (2 I) days of the date when the claimant knew or should have known of the claim. A. Any Notice of Claim not timely filed shall be deemed waived. B. In any event, the CONSU L T ANT shall not be entitle to delay damages or consequential damages and his sole compensation for a Default by the City shall be termination of the Contract and/or compensation provided by this Contract for any completed professional services. In the event partial payment has been made for such professional services not completed. the CONSULTANT shall return such sums to the CITY within ten (10) days after notice that said sums are due. 32 17. Insurance and Indemnification. The CONSULTANT shall not commence WORK on this Contract until it has obtained all insurance required by the CITY and delivered to the CITY with proof of insurance. The CONSULTANT shall maintain and keep in full force and effect the coverage as set forth in the City's standard insurance requirements, a copy of which is attached as Attachment "B -Insurance and Indemnification." The CONSU L T ANT shall comply with all requirements set forth in Attachment C. A. The CONSULTANT shall indemnify and save the CITY harmless from any and all damages, claims, liability, losses and causes of actions of any kind or nature arising out of a negligent error, omission, or act of the CONSU L T ANT, its agents, representatives, employees, sub-consultants, sub- contractors or assigns, incident to or arising out of or resulting from the performance of the CONSULTANT'S professional services under this Contract. The CONSULTANT shall pay all such claims and losses of any kind or nature whatsoever, in connection therewith, including the CITY'S attorney's fees and expenses in the defense of any action in law or equity brought against the CITY arising from the negligent error, omission, or act of the CONSU L T ANT, its sub- consultant or sub-contractor or their agents, representatives, employees, or assigns, incident to, arising out of or resulting from the performance of the professional services contemplated by this Contract. B. The CONSULTANT agrees and recognizes that the CITY shall not be held liable or responsible for any claims, including the costs and expenses of defending such claims which may result from or arise out of actions or omissions of the CONSULTANT, its agents, representatives, employees, sub-consultants, sub-contractors, or assigns. In reviewing, approving or rejecting any submissions or acts of the CONSU L T ANT, the CITY in no way assumes or shares responsibility or liability of the CONSULTANTS, or its Sub-consultants, their employees, agents or assigns. C. The CONSULTANT shall maintain during the term of this Contract the insurance set forth in Attachment C. 18. Codes, Ordinances and Laws. CONSULTANT agrees to provide its services during the term of this Contract in accordance with all applicable laws, rules, regulations, and health and safety standards of the federal, state, and City, which may be applicable to the service being provided. A. The CONSULTANT is required to complete and sign all affidavits, including Public Entity Crimes Affidavit form (attached) pursuant to FS 287.133(3) (a), as required by the solicitation applicable to this Contract. CONSULTANT shall comply with the Drug Free Workplace policy set forth in the CSM solicitation for this Contract which is made a part of this Contract by reference. B. The City of South Miami's hiring practices strive to comply with all applicable federal regulations regarding employment eligibility and employment practices. Thus, all individuals and entities seeking to do work for the CITY are expected to comply with all applicable laws, governmental requirements and regulations, including the regulations of the United States Department of 33 Justice pertaining to employment eligibility and employment practices. The CITY reserves the right at its discretion, but does not assume the obligation, to require proof of valid citizenship or, in the alternative, proof of a valid green card or other lawful work permit for each person employed in the performance of work or services for or on behalf of the CITY including persons employed by any independent contractor. By reserving this right the CITY does not assume any obligation or responsibility to enforce or ensure compliance with the applicable laws and/or regulations. 19. Taxes CONSULTANT shall be responsible for all payments of federal, state, and/or local taxes related to the Operations, inclusive of sales tax if applicable. 20. Independent Contractor. CONSULTANT is an independent entity under this Contract and nothing herein shall be construed to create a partnership, joint venture, or agency relationship between the parties. 21. Licenses and Certifications. CONSULTANT shall secure all necessary business and professional licenses at its sole expense prior to executing the Contract. 22. Entirety of Contract. This Contract constitutes the entire agreement of the parties and supersedes any prior agreements, understandings, representation or negotiation, written or oral, with reference to the subject matter hereof that are not merged herein and superseded hereby. No alteration, change, amendment or modification of the terms of this Contract shall be valid unless made in writing and signed by both parties hereto, and approved by the City Commissioner if required by municipal ordinance or charter. This Contract shall be binding upon and inure to the benefit ofthe CSM and CONSULTANT and to their respective heirs, successors and assigns. 23. lury Trial. CITY and CONSULTANT knowingly, irrevocably voluntarily and intentionally waive any right either may have to a trial by jury in State or Federal Court proceedings in respect to any action, proceeding, lawsuit or counterclaim arising out of the Contract Documents or the performance of the Work thereunder. 24. Attorney Fees. In the event of any litigation between the parties arising out of or relating in any way to this Contract or a breach thereof, each party shall bear its own costs and legal fees. 25. Non-Waiver of Sovereign Immunity. Notwithstanding anything contained in the Contract to the contrary, nothing in this Contract nor any statement, act or omission of a City officer, Commission member or employee, shall be construed to be a waiver of the City's right to the protection of sovereign immunity. 26. Validity of Executed Copies. This Contract may be executed in several counterparts, each of which may be construed as an original. 27. Rules of Interpretation. Throughout this Contract the male pronoun may be substituted for female and neuter and the singular words substituted for plural and plural words substituted for singular wherever applicable. Any heading preceding the text of the paragraphs of this Contract are inserted solely for the convenience of reference and shall not constitute a part of this Contract nor shall they affect its meaning, 34 construction or effect. This Contract shall not be construed more strongly against either party hereto, regardless of who was more responsible for its preparation. 28. Severability. If any term or provision of this Contract or the application thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, the remai,nder of this Contract, or the application of such term or provision to persons or circumstances other than those to which it is held invalid or unenforceable, shall not be affected thereby and each term and provision of this Contract shall be valid and enforceable to the fullest extent permitted by law. 29. Non-Waiver. CITY and CONSULTANT agree that no failure to exercise and no delay in exercising any right, power or privilege under this Contract on the part of either party shall operate as a waiver of any right, power, or privilege under this Contract. No waiver of this Contract, in whole or part, including the provisions of this paragraph, may be implied by any act or omission and will only be valid and enforceable if in writing and duly executed by each of the parties to this Contract. Any waiver of any term, condition or provision of this Contract will not constitute a waiver of any other term, condition or provision hereof, nor will a waiver of any breach of any term, condition or provision constitute a waiver of any subsequent or succeeding breach. 30. No Discrimination. No action shall be taken by the CONSULTANT which would discriminate against any person on the basis of race, creed, color, national origin, religion, age, sex, familial or marital status, ethnicity, sexual orientation or physical, or mental, disability. The CONSULTANT shall comply with the Americans with Disabilities Act and all amendments thereto. 31. Equal Employment. In accordance with Federal, State and Local law, the CONSULTANT shall not discriminate against any employee or applicant for employment because of race, color, ethnicity, religion, sex, sexual orientation, national origin or handicap. The CONSULTANT shall comply with all aspects of the Americans with Disabilities Act (ADA) during the performance of this contract. The CONSU L T ANT shall take affirmative action to ensure that such discrimination does not take place and the CONTRACTOR shall ensure that the foregoing provisions are included in all subcontracts or sub-consultant contracts for any work covered by this Contract so that such provisions will be binding upon each subcontractor and/or sub- consultant. 32. Governing Laws. This Contract and the performance of services hereunder will be governed by the laws of the State of Florida, with exclusive venue for the resolution of any dispute being a court of competent jurisdiction in Miami-Dade County, Florida. 33. Effective Date. This Contract shall not become effective and binding until it has been executed by both parties hereto and the effective date shall be the date of its execution by the last party so executing it. 34. Third Party Beneficiary. It is specifically understood and agreed that no other person or entity shall be a third party beneficiary hereunder, and that none of provisions of this Contract shall be for the benefit of or be enforceable by anyone other than the parties hereto, and that only the parties hereto shall have any rights hereunder. 35 35. Further Assurances. The parties hereto agree to execute any and all other and further documents as might be reasonably necessary in order to ratify, confirm, and effectuate the intent and purposes of the Contract. 36. Ownership of Preliminary and Final Records. All preliminary and final documentation and records shall become and remain the sole property of the CSM. The awarded firm shall maintain original documents thereof for its records and for its future professional endeavors and provide reproducible copies to the CSM. In the event of termination of the agreement, the proposing firm shall cease work and deliver to the CSM all documents (including reports and all other data and material prepared or obtained by the awarded firm in connection with the City of South Miami City Consultant Service for Impact Fee Studies RFP.) The CSM shall, upon delivery of the aforesaid documents, pay the firm for the goods and services rendered and the firm shall accept the payment as full payment for its goods and services rendered pursuant to the terms and conditions of the Contract. The payment shall be equal to the percentage of the work satisfactorily completed by the firm and accepted by the City. 37. Time of Essence. Time shall be of the essence with regard to all action to be taken under the terms of this Contract and no extension of time shall be allowed unless the extension of time is provided for in a writing signed by the other party. 38. No Remedy Exclusive. No remedy conferred upon or reserved to any party hereto, or existing at law or in equity, shall be exclusive of any other available remedy or remedies, but each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Contract or hereafter existing at law or in equity or by statute. 39. Force Majeure. Neither party hereto shall be in default of its failure to perform its obligations under this Contract if caused by acts of God, civil commotion, strikes, labor disputes, or governmental demands or requirements that could not be reasonably anticipated and the effects avoided or mitigated (hereinafter referred to as "force majeure"). Each party shall notify the other of any such force majeure within ten (10) days of the occurrence. Neither party shall hold the other responsible for damages or for delays in performance caused by force majeure which may include weather conditions affecting performance, floods, epidemics, war, riots, strikes, lockouts, or other industrial disturbances, or protest demonstrations. Should such acts or circumstances occur, the parties shall use their best efforts to overcome the difficulties and to resume the work as soon as reasonably possible. 40. Notices. Any notices, reports or other written communications from either party shall be considered delivered when received by the other party or its authorized representative. Whenever notice shall be required or permitted herein, it shall be delivered in such a manner that there is written proof of delivery (including electronic, digital or other similar record that is capable of being produced) including but not limited to certified mail with a return receipt, hand delivery, e-mail, facsimile transmission or other type of transmission that provides a record of transmission and receipt. Certified mail shall be sent with return receipt requested and shall be deemed delivered on the date shown on the postal delivery confirmation or the date shown as the date same was refused or unclaimed. Hand deliver to the City shall not be sufficient notice for any purpose unless a copy of the notice is produced with the official City Clerk's date and time stamp appearing upon it. 36 Notices shall be delivered to the following individuals or entities at the addresses (including e-mail) or facsimile transmission numbers set forth below: To CITY: With copies by U.S. mail to: To CONSULTANT: City Manager, Steven Alexander 61 30 Sunset Dr. South Miami, FL 33143 F~: __________________ _ E-mail: ________________ __ City Attorney, Thomas Pepe, Esquire 61 30 Sunset Dr. South Miami, FL 33143 Tel: (305) 667-2564 F~: (305) 341-0584 E-mail: tpepe@southmiamifl.gov IN WITNESS WHEREOF, the parties have set their hands on the date set forth below their name. Witness: Consultant: ------------------------------------------- By: ______________________ _ ATTESTED: By: Maria M. Menendez, CMC City Clerk Read and Approved as to Form, Language, Legality and Execution thereof: By: ____________________ _ Thomas F. Pepe, Esq. City Attorney 37 Dated: ______________ __ OWNER: CITY OF SOUTH MIAMI By: ______________________ __ Steven Alexander City Manager Dated: ______________ __ ATTACHMENT "A" PURPOSE AND SCOPE OF SERVICES The project involves the design and installation of a meshed microcell network. Please refer to "Exhibit #2, Map of City of South Miami Downtown Mesh Microcell Network Locations." All wireless equipment used in this deployment must be from Tropos. No other substitutes will be considered. Overview of Project The City of South Miami utilizes an automatic parking system manufactured by Digital Payment Technologies. There are currently forty parking stations in the central business district that require a communication link for real-time credit card processing and other potential uses available from the manufacturer. Currently, the stations communicate via cellular (3G) modems. Each month the City incurs a monthly connectivity fee for each parking station. The City intends to replace the cellular modems inside the parking stations with Ruckus Wi-Fi client radios available, "Model #MediaFlex 7211 Smart Wi-Fi Gateway," from the manufacturer to be supported by the WiFi mesh network specified in this RFP. This will eliminate the monthly cellular connectivity costs and allow for future use of other applications enabled by the Wi-Fi network. It is suggested the contractor design and deploy a 2.4 GHz mesh network using the fiber available in the The South Miami City Hall location (6130 Sunset Drive, South Miami, FL 33143) as egress/capacity injection. The City believes this network will be adequate to provide connectivity for the parking system plus provide connectivity for a limited number of surveillance cameras in the South Miami Central Business District. However, the contractor needs to verify and confirm the network will be adequate. Surveillance cameras will be deployed at a future date, and are not part of this project. Respondent must have a valid State Of Florida Contractors Liscense. The City of South Miami will be responsible to provide power at each location no more than 20' from the radio mounting site. Data path at the police building is to be authorized and access provided by the client. The City of South Miami will make a properly credentialed Public Works Department employee available should any installations require access to lighting fixtures for power. 38 ATTACHMENT "8" PRICE PROPOSAL SHEET "To BE SUPPLIED BY PROPOSER" 39 ATTACHMENT "c" INSURANCE AND INDEMNIFICATION Without limiting its liability, the proposing firm shall be required to procure and maintain at its own expense during the life of the Contract, insurance of the types and in the minimum amounts stated below as will protect the proposing firm, from claims which may arise out of or result from the proposing firm's execution of a contract with the City of South Miami for Consultant Service for Impact Fee Studies, whether such execution by the firm or by any sub-consultant, or by anyone directly or indirectly employed by any of them or by anyone for whose acts any of them may be liable. The CONTRACTOR/COMPANY shall not commence WORK on this Agreement until he has obtained all insurance required by the City. The CONTRACTOR/COMPANY shall indemnify and save the CSM harmless from any and all damages, claims, liability, losses and causes of actions of any kind or nature arising out of a negligent error, omission, or act of the CONTRACTOR/COMPANY, its agents, representatives, employees, Sub-Contractor, or assigns, incident to ariSing out of or resulting from the performance of the CONTRACTOR/COMPANY'S professional services under this Agreement. The CONTRACTOR/COMPANY shall pay all claims and losses of any kind or nature whatsoever, in connection therewith, including the CSM's attorney's fees and expenses in the defense of any action in law or equity brought against the CSM arising from the negligent error, omission, or act of the CONTRACTOR/COMPANY, its agents, representatives, employees, Sub-Contractor, or assigns, incident to, arising out of or resulting from the performance of the CONTRACTOR/COMPANY'S professional services under this Agreement .. The CONTRACTOR/COMPANY agrees and recognizes that the CSM shall not be held liable or responsible for any claims, including the costs and expenses of defending such claims which may result from or arise out of actions or omissions of the CONTRACTOR/COMPANY, its agents, representatives, employees, Sub-Contractors, sub-contractors, or assigns. In reviewing, approving or rejecting any submissions or acts of the CONTRACTOR/COMPANY, the CSM in no way assumes or shares responsibility or liability of the CONTRACTOR/COMPANYS, Sub-Contractors, their agents or assigns. The CONTRACTOR/COMPANY shall maintain during the term of this Agreement the following insurance: A. ComprehenSive general liability insurance with broad form endorsement, on a Florida approved form including automobile liability, completed operations and products liability, contractual liability, severability of interest with cross liability provision, and personal injury and property damage liability with limits of $1,000,000 combined single limit per occurrence and $2,000,000 aggregate, including: • Personal Injury: $1,000,000; • Medical Insurance $25,000 per person; • Property Damage: $500,000 each occurrence; 40 • Automobile Liability: $1.000.000 each accident/occurrence. B. Umbrella Commercial General Liability insurance on a Florida approved form with the same coverage as the primary insurance policy but in the amount of $1.000.000 per claim. The CSM must be named as additional "named" insured for all except Workers' Compensation. and reflect the indemnification and hold harmless provision contained herein. Policy must specify whether it is primary or excess/umbrella coverage. CSM must receive 10 days advance written notice of any policy modification and 30 days advance written notice of cancellation. including cancellation for non-payment of premiums. All insurance must remain in full force and effect for the duration of the contract period with the CSM. The CONTRACTOR/COMPANY must provide not only a "certified copy" of the Binder but also the Policy itself with the name. address and phone number of the agent and agency procuring the insurance. D. Workman's Compensation Insurance in compliance with Chapter 440. Florida Statutes. as presently written or hereafter amended. E. The policies shall contain waiver of subrogation against CSM where applicable. shall expressly provide that such policy or policies are primary over any other collective insurance that CSM may have. The City reserves the right at any time to request a copy of the required policies for review. All policies shall contain a "severability of interest" or "cross liability" clause without obligation for premium payment of the CSM. F. All of the above insurance required to be provided by the CONTRACTOR/COMPANY is to be placed with BEST rated A-a (A-VIII) or better insurance companies. qualified to do business under the laws of the State of Florida on approved Florida forms. The CONTRACTOR/COMPANY shall furnish certified copies of all "Binders" or certificates of insurance to the City prior to the commencement of operations, which "Binders" or certificates shall clearly indicate that the CONTRACTOR/COMPANY has obtained insurance in the type, amount, and classification as required for strict compliance with this Section and that no reduction in limits by endorsement during the policy term, or cancellation of this insurance shall be effective without thirty (30) days prior written notice to the CITY. Compliance with the foregOing requirements shall not relieve the CONTRACTOR/COMPANY of his liability and obligations under this Section or under any other portion of this Agreement. CONTRACTOR/COMPANY agrees to supply copies of certificates of insurance to the City verifying the above-mentioned insurance coverage. CONTRACTOR/COMPANY agrees to list CSM as an Additional Insured of the CONTRACTOR/COMPANY's General liability insurance and shall provide the CSM quarterly reports concerning any and all claims. END OF SECTION 41 EXHIBIT #2 "Map of City of South Miami Downtown Mesh Microcell Network Locations and Parking Meters." 42 i t f Department SW 70TH ST sw 71ST ST Legend ill] Master_Meters ® Tropos Locations Tropos Range ...J a. or: I- ---. I • South Miami Boundary . --- Property Boundaries Water Features Date: 5/13/2013 F 01 (J) ::i:' '" <D , -l ::I: '0 -l t Central Services sw 69TH ST SW 74TH TER sW 76TH. S! o 80 160 -- '" '" -l ::I: ~ m 320 sW 76TH TER Made by 480 640 Feet N ~ WWE S , . I • • • IMMERSIVE SOLUTIONS ADDENDUM No.#1 Project Name: Wire Mesh Downtown Network RFP NO. IT-2013-05 Date: June 21, 2013 Sent: FaxJE-mail/webpage This addendum submission is issued to clarify, supplement and/or modify the previously issued Request for Qualifications (RFQ) Documents, and is hereby made part of the Documents. All requirements of the Documents not modified herein shall remain in full force and effect as originally set forth. It shall be the sole responsibility of the bidder to secure Addendums that may be issued for a specific solicitation. I. Exhibit I "Contractor Services Agreement for Wire Mesh Downtown Network is deleted from the RFP in its entirety and replaced with the contract agreement attached to this addendum. IT SHALL BE THE SOLE RESPONSIBILITY OF THE BIDDER TO SECURE ADDENDUMS THAT MAY BE ISSUED FOR A SPECIFIC SOLICITATION. Page 1 ofl EXHIBIT I: CONTRACTOR SERVICES AGREEMENT FOR WIRE MESH DOWNTOWN NETWORK THIS CONTRACT is made between , a Florida corporation, ("CONTRACTOR") and the City of South Miami, a Florida municipal corporation, ("CSM") through CSM's City Manager (who shall hereinafter be referred to as "City"), on this this day of _________________________ ,,20 ___ . NOW, THEREFORE, in consideration of the mutual promises and agreements hereinafter set forth, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: I. General Provisions: The CONTRACTOR shall not commence performance of the Scope of Services ("WORK"), as described in the Attachment "A" to this Contract, until a Notice to proceed is issued. 2. Contract Documents and Precedence. The Contract Documents shall include the Request for Proposal, including all attachments and affidavits to the solicitation ("RFP"), the Response to the RFP, including all attachments and affidavits to the Response ("Response to RFP"), and this agreement, including all attachments to this agreement ("Contract"). In the event that there is a conflict between any of the Contract Documents, this Contract shall prevail. In the event that there is a conflict between the RFP and the Response to RFP, the RFP shall take precedence over the Response. 3. Contractor Services. The contractor services to be provided by the CONTRACTOR shall be as set forth in the Scope of the Work which has been marked as Attachment "A" and made a part of this Contract by reference. 4. Time for Completion The term of this contract shall expire nine months from the date of award, and shall commence on the date set forth in the Notice to Proceed. A. This Contract shall remain in force until the actual completion of performance of the project awarded to the CONTRACTOR, or unless otherwise terminated by the CITY. B. A reasonable extension of time will be granted in the event there is a delay on the part of the CITY in fulfilling its part of the Contract, or for any applicable changes in the WORK that require additional time or should any other events beyond the control of the CONTRACTOR render performance of his duties impossible to be performed within the time required by this Contract. Notwithstanding anything contained herein to the contrary, the total time for the completion of this contract shall not exceed one (I) year unless approved by the City Commission. 5. Renewal Option. This Contract may be renewed, at the sole discretion of the City Commission for the City of South Miami, for an additional period not to exceed a total contract period, including renewals, of five (5) years. 6. Basis of Compensation. The fees for Contractor Services for the WORK is as set forth on Attachment "B", which is attached to this Contract and made a part thereof by reference. 7. Payment and Partial Payments. In the event that the contract price is not a lump sum, the CONTRACTOR shall submit an original invoice to the City's project representative for each payment certifying the percentage of the WORK completed by the CONTRACTOR. The invoice shall contain the following information: A. The amount of the invoices submitted shall be the amount due for all WORK performed to date, as certified by the CONTRACTOR. B. The request for payment shall include the following information: i. Project Name and CONTRACTOR's Name. ii. Total Contract amount (CONTRACTOR's lump sum negotiated), if applicable. iii. Percent of work completed. iv. Amount earned. v. Amount previously billed. vi. Due this invoice. vii. Balance remaining. viii. Summary of work done this billing period. ix. Invoice number and date. x. CONTRACTOR's W-9 C. Upon request by the CITY the CONTRACTOR shall provide the CITY with certified payroll data for the WORK reflecting salaries and hourly rates. 8. Right of Decisions. All services shall be performed by the CONTRACTOR to the satisfaction of the CITY's representative, who shall decide all questions, difficulties and disputes of whatever nature which may arise under or by reason of this Contract, the prosecution and fulfillment of the services, and the character, quality, amount and value and the representative's decisions upon all claims, questions, and disputes shall be final, conclusive and binding upon the parties unless such determination is clearly arbitrary or unreasonable. In the event that the CONTRACTOR does not concur in the judgment of the representative as to any decisions made by him, he shall present his written objections to the City Manager and shall abide by the decision of the City Manager. 9. Ownership of Documents. All reports and reproducible documents, and other data developed by the CONTRACTOR for the purpose of this Contract shall become the property of the CITY without restriction or limitation in connection with the owner's use and occupancy, if any, of the project. The City may reuse of these documents without the need for consent of the CONTRACTOR. When each individual section or phase, if any, of the WORK under this Contract is complete all of the above applicable data shall be delivered to the CITY. 10. Audit Rights. The CITY reserves the right to audit the records of the CONTRACTOR related to this Contract at any time during the execution of the WORK and for a period of one year after final payment is made. This provision is applicable only to projects that are on a time and cost basis. I I. Subletting or Assigning. The CONTRACTOR shall not sublet, assign, or transfer any WORK under this Contract or any of the services to be performed by it hereunder, without the prior written consent of the CITY. Any assignment or subcontracting in violation hereof shall be void and unenforceable and shall be deemed a material breach of this Contract. The CONTRACTOR shall be as fully responsible to the CITY for the acts and omissions of its subcontractors or sub-consultants as it is for the acts and omissions of people directly employed by it. The CONTRACTOR shall require each subcontractor or sub-consultant, approved by the CITY, to agree in its contract to observe and be bound by all obligations and conditions of this Contract to which CONTRACTOR is bound. 12. Personnel. All CONTRACTOR personnel fulfilling the terms of this Contract, shall be employed solely by the CONTRACTOR and be employees of the CONTRACTOR. CONTRACTOR agrees to pay the following for CONTRACTOR employees: Wages Income tax withholdings Social security withholdings State unemployment insurance Federal unemployment insurance Workmen's compensation insurance CONTRACTOR shall train personnel. Personnel not performing up to the standards of the City will be replaced by the CONTRACTOR immediately. 13. Representations. The CONTRACTOR warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the CONTRACTOR, to solicit or secure this contract and that he has not paid or agreed to pay any company or person other than a bona fide employee working solely for the CONTRACTOR any fee, commission, percentage fee, gifts or any other considerations contingent upon or resulting from the award or making of this contract. For breach or violation of these representations, the CITY shall have the right to annul this contract without liability. 14. Termination of Contract. It is expressly understood and agreed that the CITY may terminate this Contract without penalty by declining to issue the Notice to Proceed. A. Either party may terminate this Agreement without cause upon 30 days written notice to the other party. Upon termination, the CITY shall be entitled to a refund of any monies paid for which work was not performed. B. Upon notice of such termination, the City shall determine the amounts due to the CONTRACTOR for services performed up to the date of termination. The CONTRACTOR shall not be entitled to payment of any lost profits or for Work performed after the date of termination. C. After receipt of a notice of termination, and except as otherwise directed, the CONTRACTOR shall stop all Work under this Agreement, and shall do so on the date specified in the notice of termination. D. The City may terminate this Agreement upon five (5) days written notice if the CONTRACTOR defaults on any material term of this Agreement. 15. Breach of Contract and Claims. In the event either party fails to comply with any of the provisions of this Contract (the "Defaulting Party"). the aggrieved party may declare the Defaulting Party in breach of the Contract ("in Default") and notify him in writing. citing the provision in the Contract that is alleged to have been breached and describing. with particularity. the acts or omissions that form the basis for such conclusion. A. The Defaulting Party shall have thirty (30) days after receiving written notice of the Default ("Cure Period") to cure the Default. unless this same or similar Default has occurred within the previous 180 days. in which event the Defaulting Party shall have waived its right to cure and the aggrieved party shall have the right to immediately discontinue his performance and sue for breach of contract. A Default of the same or similar nature that has occurred twice within a 180 day continuous period of time. or the failure to timely cure a Default. shall be a material breach of the contract unless a request for extension of time is timely made and the Contractor proceeds to timely cure the Default with the extended time. B. In the event that the Defaulting Party has not waived his right to cure and it is impossible to cure the Default within the Cure Period. through no fault of the Defaulting Party. the Default Party may. prior to the expiration of the Cure Period. serve the aggrieved party with a request for an extension of time setting forth the reason for the delay and the evidence establishing the basis for the request. If the Defaulting Party timely requests an extension of time to cure the Default. the Defaulting party shall have sufficient time to cure the Default. The term "Sufficient Time" shall mean the minimum amount of time necessary to cure the Default. using all due diligence and without any undue delay. and no more time than is necessary to cure the Default. C. In the event that the Defaulting Party has either waived the right to cure. or if he has not waived his right and fails to timely cure the Default (including any timely extension of time authorized) and it is not impossible to cure the Default within the Cure Period including any authorized extension of time. or. if it is impossible to timely cure the Default but the Defaulting party fails to use all due diligence. or it delays the cure in any way. the aggrieved party shall have the right. but not the obligation. to cure the Default. or to discontinue further performance on its part and sue for breach of contract. 16. Notice of Claims. If the Contractor has a claim arising out of this Contract and/or the work contemplated by or performed pursuant to this Contract. a Notice of Claim shall be made in writing and delivered to the City within twenty one (21) days of the date when the claimant knew or should have known of the claim. A. Any Notice of Claim not timely filed shall be deemed waived. B. In any event, the CONTRACTOR shall not be entitle to delay damages or consequential damages and his sole compensation for a Default by the City shall be termination of the Contract and/or compensation provided by this Contract for any completed Contractor services. In the event partial payment has been made for such Contractor services not completed. the CONTRACTOR shall return such sums to the CITY within ten (10) days after notice that said sums are due. 17. Insurance and Indemnification. The CONTRACTOR shall not commence WORK on this Contract until it has obtained all insurance required by the CITY and delivered to the CITY with proof of insurance. The CONTRACTOR shall maintain and keep in full force and effect the coverage as set forth in the City's standard insurance requirements. a copy of which is attached as Attachment "B -Insurance and Indemnification." The CONTRACTOR shall comply with all requirements set forth in Attachment C. A. The CONTRACTOR shall indemnify and save the CITY harmless from any and all damages. claims. liability. losses and causes of actions of any kind or nature arising out of a negligent error. omission. or act of the CONTRACTOR. its agents. representatives. employees. sub-consultants. sub- contractors or assigns. incident to or arising out of or resulting from the performance of the CONTRACTOR'S services under this Contract. The CONTRACTOR shall pay all such claims and losses of any kind or nature whatsoever. in connection therewith. including the ClTY'S attomey's fees and expenses in the defense of any action in law or equity brought against the CITY arising from the negligent error. omission. or act of the CONTRACTOR. its sub-consultant or sub-contractor or their agents. representatives. employees. or assigns. incident to. arising out of or resulting from the performance of the Contractor services contemplated by this Contract. B. The CONTRACTOR agrees and recognizes that the CITY shall not be held liable or responsible for any claims. including the costs and expenses of defending such claims which may result from or arise out of actions or omissions of the CONTRACTOR. its agents. representatives. employees. sub-consultants. sub-contractors. or assigns. In reviewing. approving or rejecting any submissions or acts of the CONTRACTOR. the CITY in no way assumes or shares responsibility or liability of the CONTRACTORS. or its sub-consultants. sub-contractors. or their employees. agents or assigns. C. The CONTRACTOR shall maintain during the term of this Contract the insurance set forth in Attachment C. 18. Codes, Ordinances and Laws. CONTRACTOR agrees to provide its services during the term of this Contract in accordance with all applicable laws. rules. regulations. and health and safety standards of the federal. state. and City. which may be applicable to the service being provided. A. The CONTRACTOR is required to complete and sign all affidavits. including Public Entity Crimes Affidavit form (attached) pursuant to FS 287.133(3) (a). as required by the solicitation applicable to this Contract. CONTRACTOR shall comply with the Drug Free Workplace policy set forth in the CSM solicitation for this Contract which is made a part of this Contract by reference. B. The City of South Miami's hiring practices strive to comply with all applicable federal regulations regarding employment eligibility and employment practices. Thus. all individuals and entities seeking to do work for the CITY are expected to comply with all applicable laws. govemmental requirements and regulations. including the regulations of the United States Department of Justice pertaining to employment eligibility and employment practices. The CITY reserves the right at its discretion. but does not assume the obligation. to require proof of valid citizenship or. in the alternative. proof of a valid green card or other lawful work permit for each person employed in the performance of work or services for or on behalf of the CITY including persons employed by any independent contractor. By reserving this right the CITY does not assume any obligation or responsibility to enforce or ensure compliance with the applicable laws and/or regulations. 19. Taxes CONTRACTOR shall be responsible for all payments of federal, state, and/or local taxes related to the Operations, inclusive of sales tax if applicable. 20. Independent Contractor. CONTRACTOR is an independent entity under this Contract and nothing herein shall be construed to create a partnership, joint venture, or agency relationship between the parties. 21. Licenses and Certifications. CONTRACTOR shall secure all necessary business and professional licenses at its sole expense prior to executing the Contract. 22. Entirety of Contract. This Contract constitutes the entire agreement of the parties and supersedes any prior agreements, understandings, representation or negotiation, written or oral, with reference to the subject matter hereof that are not merged herein and superseded hereby. No alteration, change, amendment or modification of the terms of this Contract shall be valid unless made in writing and signed by both parties hereto, and approved by the City Commissioner if required by municipal ordinance or charter. This Contract shall be binding upon and inure to the benefit of the CSM and CONTRACTOR and to their respective heirs, successors and aSSigns. 23. lury Trial. CITY and CONTRACTOR knowingly, irrevocably voluntarily and intentionally waive any right either may have to a trial by jury in State or Federal Court proceedings in respect to any action, proceeding, lawsuit or counterclaim arising out of the Contract Documents or the performance of the Work thereunder. 24. Attorney Fees. In the event of any litigation between the parties arising out of or relating in any way to this Contract or a breach thereof, each party shall bear its own costs and legal fees. 25. Non-Waiver of Sovereign Immunity. Notwithstanding anything contained in the Contract to the contrary, nothing in this Contract nor any statement, act or omission of a City officer, Commission member or employee, shall be construed to be a waiver of the City's right to the protection of sovereign immunity. 26. Validity of Executed Copies. This Contract may be executed in several counterparts, each of which may be construed as an original. 27. Rules of Interpretation. Throughout this Contract the male pronoun may be substituted for female and neuter and the singular words substituted for plural and plural words substituted for Singular wherever applicable. Any heading preceding the text of the paragraphs of this Contract are inserted solely for the convenience of reference and shall not constitute a part of this Contract nor shall they affect its meaning, construction or effect. This Contract shall not be construed more strongly against either party hereto, regardless of who was more responsible for its preparation. 28. Severability. If any term or provision of this Contract or the application thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, the remainder of this Contract, or the application of such term or provision to persons or circumstances other than those to which it is held invalid or unenforceable, shall not be affected thereby and each term and provision of this Contract shall be valid and enforceable to the fullest extent permitted by law. 29. Non-Waiver. CITY and CONTRACTOR agree that no failure to exercise and no delay in exercising any right, power or privilege under this Contract on the part of either party shall operate as a waiver of any right, power, or privilege under this Contract. No waiver of this Contract, in whole or part, including the provisions of this paragraph, may be implied by any act or omission and will only be valid and enforceable if in writing and duly executed by each of the parties to this Contract. Any waiver of any term, condition or provision of this Contract will not constitute a waiver of any other term, condition or provision hereof, nor will a waiver of any breach of any term, condition or provision constitute a waiver of any subsequent or succeeding breach. 30. No Discrimination. No action shall be taken by the CONTRACTOR which would discriminate against any person on the basis of race, creed, color, national origin, religion, age, sex, familial or marital status, ethnicity, sexual orientation or physical, or mental, disability. The CONTRACTOR shall comply with the Americans with Disabilities Act and all amendments thereto. 3 I. Equal Employment. In accordance with Federal, State and Local law, the CONTRACTOR shall not discriminate against any employee or applicant for employment because of race, color, ethnicity, religion, sex, sexual orientation, national origin or handicap. The CONTRACTOR shall comply with all aspects of the Americans with Disabilities Act (ADA) during the performance of this contract. The CONTRACTOR shall take affirmative action to ensure that such discrimination does not take place and the CONTRACTOR shall ensure that the foregoing provisions are included in all subcontracts or sub-consultant contracts for any work covered by this Contract so that such provisions will be binding upon each subcontractor and/or sub- consultant. 32. Governing Laws. This Contract and the performance of services hereunder will be governed by the laws of the State of Florida, with exclusive venue for the resolution of any dispute being a court of competent jurisdiction in Miami-Dade County, Florida. 33. Effective Date. This Contract shall not become effective and binding until it has been executed by both parties hereto and the effective date shall be the date of its execution by the last party so executing it. 34. Third Party Beneficiary. It is specifically understood and agreed that no other person or entity shall be a third party beneficiary hereunder, and that none of provisions of this Contract shall be for the benefit of or be enforceable by anyone other than the parties hereto, and that only the parties hereto shall have any rights hereunder. 35. Further Assurances. The parties hereto agree to execute any and all other and further documents as might be reasonably necessary in order to ratify, confirm, and effectuate the intent and purposes of the Contract. 36. Ownership of Preliminary and Final Records. All preliminary and final documentation and records shall become and remain the sole property of the CSM. The awarded firm shall maintain original documents thereof for its records and for its future professional endeavors and provide reproducible copies to the CSM. In the event of termination of the agreement, the proposing firm shall cease work and deliver to the CSM all documents (including reports and all other data and material prepared or obtained by the awarded firm in connection with the City of South Miami the response to the City's RFP.) The CSM shall, upon delivery of the aforesaid documents, pay the firm for the goods and services rendered and the firm shall accept the payment as full payment for its goods and services rendered pursuant to the terms and conditions of the Contract. The payment shall be equal to the percentage of the work satisfactorily completed by the firm and accepted by the City. 37. Time of Essence. Time shall be of the essence with regard to all action to be taken under the terms of this Contract and no extension of time shall be allowed unless the extension of time is provided for in a writing signed by the other party. 38. No Remedy Exclusive. No remedy conferred upon or reserved to any party hereto, or existing at law or in equity, shall be exclusive of any other available remedy or remedies, but each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Contract or hereafter existing at law or in equity or by statute. 39. Force Majeure. Neither party hereto shall be in default of its failure to perform its obligations under this Contract if caused by acts of God, civil commotion, strikes, labor disputes, or governmental demands or requirements that could not be reasonably anticipated and the effects avoided or mitigated (hereinafter referred to as "force majeure"). Each party shall notify the other of any such force majeure within ten (10) days of the occurrence. Neither party shall hold the other responsible for damages or for delays in performance caused by force majeure which may include weather conditions affecting performance, floods, epidemics, war, riots, strikes, lockouts, or other industrial disturbances, or protest demonstrations. Should such acts or circumstances occur, the parties shall use their best efforts to overcome the difficulties and to resume the work as soon as reasonably possible. 40. Notices. Any notices, reports or other written communications from either party shall be considered delivered when received by the other party or its authorized representative. Whenever notice shall be required or permitted herein, it shall be delivered in such a manner that there is written proof of delivery (including electronic, digital or other similar record that is capable of being produced) including but not limited to certified mail with a return receipt, hand delivery, e-mail, facsimile transmission or other type of transmission that provides a record of transmission and receipt. Certified mail shall be sent with return receipt requested and shall be deemed delivered on the date shown on the postal delivery confirmation or the date shown as the date same was refused or unclaimed. Hand deliver to the City shall not be sufficient notice for any purpose unless a copy of the notice is produced with the official City Clerk's date and time stamp appearing upon it. Notices shall be delivered to the following individuals or entities at the addresses (including e-mail) or facsimile transmission numbers set forth below: To CITY: City Manager, Steven Alexander 61 30 Sunset Dr. South Miami, FL 33143 Fax: With copies by U.S. mail to: To CONTRACTOR: E-mail: ________ _ City Attorney, Thomas Pepe, Esquire 61 30 Sunset Dr. South Miami, FL 33143 Tel: (305) 667-2564 Fax: (305) 341-0584 E-mail: tpepe@southmiamifl.gov IN WITNESS WHEREOF, the parties have set their hands on the date set forth below their name. Witness: ___________ Contractor: __________ _ By: ___________ _ ATTESTED: By: _________ __ Maria M. Menendez, CMC City Clerk Read and Approved as to Form, Language, Legality and Execution thereof: By: __________ _ Thomas F. Pepe, Esq. City Attorney Dated: -------- OWNER: CITY OF SOUTH MIAMI By: ________________________ _ Dated: Steven Alexander City Manager -------- ATTACHMENT "A" PURPOSE AND SCOPE OF SERVICES The project involves the design and installation of a meshed microcell network. Please refer to "Exhibit #2, Map of City of South Miami Downtown Mesh Microcell Network Locations." All wireless equipment used in this deployment must be from Tropos. No other substitutes will be considered. Overview of Project The City of South Miami utilizes an automatic parking system manufactured by Digital Payment Technologies. There are currently forty parking stations in the central business district that require a communication link for real-time credit card processing and other potential uses available from the manufacturer. Currently. the stations communicate via cellular (3G) modems. Each month the City incurs a monthly connectivity fee for each parking station. The City intends to replace the cellular modems inside the parking stations with Ruckus Wi-Fi client radios available. "Model #MediaFlex 7211 Smart Wi-Fi Gateway," from the manufacturer to be supported by the WiFi mesh network specified in this RFP. This will eliminate the monthly cellular connectivity costs and allow for future use of other applications enabled by the Wi-Fi network. It is suggested the contractor design and deploy a 2.4 GHz mesh network using the fiber available in the The South Miami City Hall location (6130 Sunset Drive. South Miami. FL 33143) as egress/capacity injection. The City believes this network will be adequate to provide connectivity for the parking system plus provide connectivity for a limited number of surveillance cameras in the South Miami Central Business District. However. the contractor needs to verify and confirm the network will be adequate. Surveillance cameras will be deployed at a future date. and are not part of this project. Respondent must have a valid State Of Florida Contractors Liscense. The City of South Miami will be responsible to provide power at each location no more than 20' from the radio mounting site. Data path at the police building is to be authorized and access provided by the client. The City of South Miami will make a properly credentialed Public Works Department employee available should any installations require access to lighting fixtures for power. ATTACHMENT "B" PRICE PROPOSAL SHEET "To BE SUPPLIED BY PROPOSER" ATTACHMENT "C" INSURANCE AND INDEMNIFICATION Without limiting its liability, the proposing firm shall be required to procure and maintain at its own expense during the life of the Contract, insurance of the types and in the minimum amounts stated below as will protect the proposing firm, from claims which may arise out of or result from the proposing firm's execution of a contract with the City of South Miami for Contractor Service, whether such execution by the firm or by any sub-consultant, sub-contractor or by anyone directly or indirectly employed by any of them or by anyone for whose acts any of them may be liable. The CONTRACTOR/COMPANY shall not commence WORK on this Agreement until he has obtained all insurance required by the City. The CONTRACTOR/COMPANY shall indemnify and save the CSM harmless from any and all damages, claims, liability, losses and causes of actions of any kind or nature arising out of a negligent error, omission, or act of the CONTRACTOR/COMPANY, its agents, representatives, employees, Sub-Contractor, or assigns, incident to arising out of or resulting from the performance of the CONTRACTOR/COMPANY'S Contractor services under this Agreement. The CONTRACTOR/COMPANY shall pay all claims and losses of any kind or nature whatsoever, in connection therewith, including the CSM's attomey's fees and expenses in the defense of any action in law or equity brought against the CSM arising from the negligent error, omission, or act of the CONTRACTOR/COMPANY, its agents, representatives, employees, Sub-Contractor, or assigns, incident to, arising out of or resulting from the performance of the CONTRACTOR/COMPANY'S Contractor services under this Agreement .. The CONTRACTOR/COMPANY agrees and recognizes that the CSM shall not be held liable or responsible for any claims, including the costs and expenses of defending such claims which may result from or arise out of actions or omissions of the CONTRACTOR/COMPANY, its agents, representatives, employees, Sub-Contractors, sub-contractors, or assigns. In reviewing, approving or rejecting any submissions or acts of the CONTRACTOR/COMPANY, the CSM in no way assumes or shares responsibility or liability of the CONTRACTOR/COMPANYS, Sub-Contractors, their agents or assigns. The CONTRACTOR/COMPANY shall maintain during the term of this Agreement the following insurance: A. Comprehensive general liability insurance with broad form endorsement, on a Florida approved form including automobile liability, completed operations and products liability, contractual liability, severability of interest with cross liability provision, and personal injury and property damage liability with limits of $1 ,000,000 combined single limit per occurrence and $2,000,000 aggregate, including: • Personal Injury: $1,000,000; • Medical Insurance $25,000 per person; • Property Damage: $500,000 each occurrence; • Automobile Liability: $1,000,000 each accident/occurrence. B. Umbrella Commercial General Liability insurance on a Florida approved form with the same coverage as the primary insurance policy but in the amount of $1,000,000 per claim. The CSM must be named as additional "named" insured for all except Workers' Compensation, and reflect the indemnification and hold harmless provision contained herein. Policy must specify whether it is primary or excess/umbrella coverage. CSM must receive 10 days advance written notice of any policy modification and 30 days advance written notice of cancellation, including cancellation for non-payment of premiums. All insurance must remain in full force and effect for the duration of the contract period with the CSM. The CONTRACTOR/COMPANY must provide not only a "certified copy" of the Binder but also the Policy itself with the name, address and phone number of the agent and agency procuring the insurance. D. Workman's Compensation Insurance in compliance with Chapter 440, Florida Statutes, as presently written or hereafter amended. E. The policies shall contain waiver of subrogation against CSM where applicable, shall expressly provide that such policy or policies are primary over any other collective insurance that CSM may have. The City reserves the right at any time to request a copy of the reqUired policies for review. All policies shall contain a "severability of interest" or "cross liability" clause without obligation for premium payment of the CSM. F. All of the above insurance required to be provided by the CONTRACTOR/COMPANY is to be placed with BEST rated A-8 (A-VIII) or better insurance companies, qualified to do business under the laws of the State of Florida on approved Florida forms. The CONTRACTOR/COMPANY shall furnish certified copies of all "Binders" or certificates of insurance to the City prior to the commencement of operations, which "Binders" or certificates shall clearly indicate that the CONTRACTOR/COMPANY has obtained insurance in the type, amount, and classification as required for strict compliance with this Section and that no reduction in limits by endorsement during the policy term, or cancellation of this insurance shall be effective without thirty (30) days prior written notice to the CITY. Compliance with the foregoing requirements shall not relieve the CONTRACTOR/COMPANY of his liability and obligations under this Section or under any other portion of this Agreement. CONTRACTOR/COMPANY agrees to supply copies of certificates of insurance to the City verifying the above-mentioned insurance coverage. CONTRACTOR/COMPANY agrees to list CSM as an Additional Insured of the CONTRACTOR/COMPANY's General liability insurance and shall provide the CSM quarterly reports concerning any and all claims. END OF SECTION EXHIBIT #2 "Map of City of South Miami Downtown Mesh Microcell Network Locations and Parking Meters." i t f Department SW 70TH ST SW 71ST ST Legend £ID Master_Meters ® Tropos Locations Tropos Range -' "- J: r- . --. • • South Miami Boundary . --- Property Boundaries Water Features Date: 5/13/2013 t of Central sw 69TH ST Services en :;; '" r '" -I J: ~ m SW 74TH TER SW 76TH ST o 80 160 -- '" co -I, J: ~ m 320 Made by 480 640 Feet N ~ W~E S .. • IMMERSIVE SOLUTIONS Detail by Entity Name Page 1 of3 ~ a"" ---, FLORIDA DEPARTMENT OF STATE ~, '" ~ v~~~ , ile; i; ., :.~ DIVISION OF CORPORATIONS ~;I1;JjJfZ, ~ '11;,,: 't:l 'fit',"';!! ~, ~?"" %, , Detail by Entity Name Foreian Limited Liability Company ACCORDANT COMMUNICATIONS, LLC Filina Information Document Number M 13000001944 FEIIEIN Number 453511424 Date Filed 03/27/2013 State GA Status ACTIVE Principal Address 1762 AMERICAN WALK LAWWRENCEVILLE, GA 30043 Mailina Address 1762 AMERICAN WALK LAWWRENCEVILLE, GA 30043 Registered Aaent Name & Address HIMES, DAN 7295 SW 140 TERRACE PALMETTO BAY, FL 33158 Manaaer/Member Detail Name & Address Title MGR SHAFFREN,GLENN 1762 AMERICAN WALK LAWRENCEVILLE, GA 30043 !fitle MGR HIMES, DAN 7295 SW 140 TERRACE PALMETTO BAY, FL 33158 ~nnual Reports No Annual Reports Filed Document Imaaes http://search. sunbiz. org/lnquiry ICorporationSearch/SearchResultDetaiIlEnti... 6/28/2013 CR2E027 (911 0) COVER LETTER ." TO: Registration Section Division of Corporations SUBJECT: _A_c_c_o_rd_a_n_t _C_o_m ___ m-u-n-:-ic-a-:--t __ io-n __ s-, __ L-L-C----- Name of Limited Liability Company The enclosed "Application by Foreign Limited Liability Company for Authorization to Transact Business in Florida," Certificate of Existence, and check arc submitted to register the above referenced foreign limited liability company to transact business in Florida .. Please return all correspondence concerning this matter to the following: Glenn Shaffren Name of Person Accordant Communications, LLC Firm/Company 1762 American Walk Address Lawrenceville GA 30043 City/State and Zip Code gshaffren@acc-com.com E-mail address: (to be used for future annual report notification) For further information concerning this matter, plcase call: _G_le_n_n_S_h_aff_r_e_n ____ st(404 ) 698-1481 Name of Person Area Code & Daytime Telephone Number MAILING ADDRESS: Division of Corporations Registration Section P.O. Box 6327 Tallahss.qee, FL 32314 STREET ADDRESS: Division of Corporations Registration Section Clifton Building 2661 Executive Center Circle Talliiliassee, FL 32301 Enclosed is a check for the following amount: :.:,::;:'; ~(.r) <.?:;;i .~~ ~~ri 0$125.00 Filing Fee 0 $130.00 Filing Fee & Certificate of Status 0$155.00 Filing Fee & Certified Copy iii $160.00 Filing Fee, Certificate of Status & Certified Copy c APPLICATION BY FOREIGN LIMJTED LIABILITY COMPANY FOR AUTHORIZATION TO TRANSACT BUSINESS IN FLORIDA IN COMPUANCE wrm SECI70N 608.503, FLORIDA SfATUfES. mE FOU1JWING IS SUBMIlTED 10 REGISfER A FORFJGN llMJlEDUABIl1TYCOMPANY1DTRANSACFBUSlNESS lN1HE SfATEOFFWRIDA: 1. Accordant Communications, LLC (Name of Foreign Limited Liability Company; must include "Limited Liability Company," "L.L.c.," or "LLC.") . Aifi 8011 '_"80tiO::O, tL8 (If name unavailable, enter alternate name adopted for the purpose oftransaeting business in Florida and attach a copy of the written consent of the managers or managing members adopting the alternate name. The alternate name must include "Limited Liability Company," "L.L.C," "LLC.") 2. Georgia 45-3511424 3. -------r~--~~~~~~--------(Jurisdiction under the law ofwhieh foreign limited liability (FEI number, if applicable) company is organized) 4. January 06, 2010 (Date of Organization) Perpetual 5. ~~~-= __ ~~~~ ______ -=~~ __ (Duration: Year limited liability company will eease to exist or "perpetual") 6. NA (Date first transacted business in Florida, if prior to registration.) (Sec sections 608.501 & 608.502 F.S. to detennine penalty liability) 3:('.') ;-'1:::'- » ~:i, ::: : .... ~ ,...., ,..., t..,) ::Jt ::r:- :t:>-::7' ~ oJ'" ,A. ..... C\) ..;", ,.1 -.I 1762 American Walk 7. __________________________________________________________ ~~~~ (Street Address of Principal Office) "--: -~ rYIr"-. -.,:~ ::r> , 5i:: t./) ~~~ <;? -:::--1 .-'.;.!Jr.} 1' ... 0 Lawrenceville, GA 30043 8. If limited liability company is a manager·managed company, check here ~ 9. The name and usual business addresses of the managing members or managers are as follows: Glenn Shaffren 1762 American Walk Lawrenceville, GA 30043 Dan Himes 7295 SW 140 Terrace Palmetto Bay, FL 33158 -p '.! r rTf f"- 1IIo.c-......... 10. Attached is an original certi1icale of exista'x:e, no rrm: than 'Xl days old, duly au1henticatai byb: official having rutody of rtnIds in the jurisdiction l.lIXb'the lawofwhich it is ol~niml (A pIUocqJyis not~1e. Ifb: certificate is in a fureign ~ a translaticn of the certificate tum ooth ofthetrnnc;la!ornrust be submittat) 11. Nature of business or purposes to be conducted or promoted in Florida: Telecomunications Consulting and Contracting. Si ed representative of a member. (rn accordance with section 608.408(3), F.S., e e ution ofthis document constitutes an affirmation under the penalties ofpeIjury that the fac!..'! stated herein are true. r am aware that any false infonnation submitted in a document to the Department of State constitutes a third degree felony as provided fo~ in s.817.1S5, F.S.) Glenn Shaffren Typed or printed name of signee - ' .. CERTIFICATE OF DESIGNATION OF REGISTERED AGENTIREGISTERED OFFICE PURSUANT TO THE PROVISIONS OF SECTION 608.415 or 608.507, FLORIDA STATUTES, THE UNDERSIGNED LIMITED LIABILITY COMPANY SUBMITS THE FOLLOWING STATEMENT TO DESIGNATE A REGISTERED OFFICE AND REGISTERED AGENT IN THE STATE OF FLORIDA. 1. The name of the Limited Liability Company is: Accordant Communications, LLC [funavailable, the alternate to be used in the state of Florida is: ,4;@8€OAaOC'''3jca+;ops, b:ldt 2. The name and the Florida street address of the registered agent and office are: :;: (./1 ,...., c:::;:) 'r"l <...L> :,A_. -,. .,J'o"'> .. \, :x: :::;rq ;:po. ;t>-:::1 :::0 Dan Himes v:"'· N 'J) ~":: -.J ,~-: (Name) =.~ J:> ....:...: ~/) :::B: .~~ C? ~~ .r::"" :;'::;1"'1 ']. .. 0 7295 SW 140 Terrace Florida Street Address (P.O. Box: NOT ACCEPTABLE) Palmetto Bay FL 33158 FL City/State/Zip Having been named as registered agent and to accept service o/process/or the aoove stated limited liability company at the place designated in 'his certificate. / hereby accept the appointment as registered agent and agree to act in this capacity. [further agree to comply with the provisions oj all statutes relating to the proper and complete performance oj my duties, and [ am Jamiliar with and accept the obligations of my position as registered agenJ as provided Jor in Chapter 608, Florida Statutes, (Signature) $ 100.00 Filing Fee for Application $ 25.00 Designation of Registered Agent $ 30.00 Certified Copy (optional) $ 5.00 Certificate of Status (optional) -n ,- I'T; r--j .... ~. "J --. ------------------------------ MIAMI DAILY BUSINESS REVIEW Published Dally excep1 Saturday, Sunday and Legal Holidays Miami, Miami·Dade COUnly, Florida STATE OF FLORIDA COUNTY OF MIAMI-DADE: Before the undersigned authority personally appeared MARIA MESA, who on oath says that he or she is the LEGAL CLERK, Legal Notices of the Miami Daily Business Review tlk/a Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Miami-Dade County, Florida: that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of CITY OF SOUTH MIAMI -RFP #IT-2013-05 WIRE MESII DOWNTOWN NETWORK RFP in the XXXX Court, was published in said newspaper in the issues of 06/18/2013 Attrant turtller says that the said Miami Daily Business Review is a newspaper published at Miami in said Miami-Dade County, Florida and that the said newspaper has heretofore been continuously publisiled in said Miami-Dade County, Florida, eadl day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mail matter at the post office in Miami in said Miami-Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he or she has neither paid nor promised any person, firm or corporation ilny ~t'lt;'-~'e> l1ission or refund for the purpose ".~ecuringQ1i1S adve i5em nt for publication in the said ( newspaper, '-----.. _-_._-........... _-..... J>W~'~~~ ,ubscribecl before me this ( /" ---... ~ 10 clay of ,JUNE ,A,D. 2013 MARIA MESA personally known to me "mtar\! Public Siale of Fiori{l;.) CI'''lryl H Marrnf'Jf . {ljly Commj~$!on EE ,c '1""% i)7111li21l1f1 CITY Of SOUTH MIAMI RFP #IT-20'I3·05 WIRE MESH DOWNTOWN NETWORK RfP PROPOSAL DUE DATE: 'lOAM fRIDAY, .JUNE 28, 2013 The City 01 Soulh Mlai111, FIOfid.a through itaonla! exooul(ve officer ('City Manager" or tho managers designee) Is hereby requllsllng saaled proposals (Request for Proposal Qr 'FlFP') from qualified !lod experianced firms for tfla pUfChaoo and Installmlon of a wlm mesh network In Ileleci;0d llre!lll of the City, epeclflcally in 1M downtown eros and hereinafter re,e!TliJd to as the "Projoct" orilla 'Work". The Scope of Service:;;, mid the Sp!lciI\oalkms lor Ihe work, if {iny. arodescrlbad in . the Conlract Documenys whh)h am part or Ihls RFP package which 'I includes all of the documanlll c.onlained In thlll RF'P package. Interllsted persons who wish to raspond to this RFt:' can obtain the i compla\« RPP paokagellt lhe CltyClerll's 0111ce Monday through FridaY from 9:00A,M. to 4:00f':M,.9r: www,soulhmlamifLgov, which Is the City of SOllth Miami's web address f6tsollcltatlon Information .. Proposals ara subjoot 10 the Standard Ternis andCo.ndillol1s rontalned In the complete RFP package Including 'Exhibit #1 Consultant $crvlm Ag~mem for Wlm Mesh Downrown N(tlWork. • All references to 'Clly'ln Ihllt soI!Gl.tation. Including references In the RFP package, shall b~1'I. referenoo It; the City Manager tor the Cily 01 South Miami, unlaf>$ olhelWlsQspn;::lffoally ~lInl>d, All,rn!aroncos to Ihe CllyManagefshali aiBOmaS« tho mMagel's designee. 11111. prll~sa!shall C9l1iMlof ona (11orig!m;\I unbound pmposal; f()ur(4) <iddltl0l1!ll c<lRI(js Ii!I~dQ~m dlg1lal ~h POl/aoteD copy, In ooarchllblc) PDF tOWill, alldJlnall'~af)QIQ~~ III iI. sealed Ell'lvelofie o(cQntalner and shaJl have RFpgrr~1,.tm Wf~~h ~WI?ttl~/IID~artd the n~a Qf the rQspon!$f1t.l.lll:lally wri~ on Ule ~rlofof tha anvelopeln whir.: dlilliverad; S~lan1ielopEl$ such as . . not I:!eopeneti unlelmlhay oonwln the requlr¢~~~loPI1f hi~o/fIlI\lon on Ih~ front or beck of Ula envelope, All roopo~~all be~ on Il lr.l~l( ,11" shearn, single. IlPIlCtxl, ona,sldad, b~Wllh all.~I{)f1S tabbfidWUh tha excaption 0'1· ma one (1) tJl1llOUnd~,£folr;1 outP!\I'tGlHlro not alloW(ld, /!Ill Pt()PO$l1l$mustl:1~~ellJe~by~tm Office of !he (illy (:hllk. Soulh Miami City Hall, G1 ${J.'S~t DrtvG,S<!ulh Miami. R9fl(!a 33143, Sealod PmpCloofs Il1l1$\ ba~'#ld by thrn::llLy mail or Mnd delivery, no later lh$lt1l&f!LJ .... ,. me public opening will tl[lkaplaceat 10 A.M, In thil City Oommlsslon ChambemlooaletiatCllyHall on ihe.~nie dat(l. Any Proposala received aller 10 A,M, \00,'.11 lIme on said date will nol be accepf!ld under any circumstances. The work involved with the project shall include. but may not be limited 10, the furnishing of all equipment and services necessary for the complation of the project. Th!L.cJ1Y:..WllLJ)9iJl!;1l.!1JL!lt~.JlmJW!~J.J:!Je$'t1ngJm:jbJ~.nl'Qj!lJll, However. any requests for additional lnformallol1 or questions must be In wrillng, emeilad by 1Q;QQ.J.,",M"J,ru!ttL!!ID!!.2lLrue~daY>~4yne 2ji. !l!lJ1. to the attantion or Mr, $M'Ien Kulick, Purchasing Mnnagflr al iill\ulick@$oulhmiamlll,gov,. The Clly of South Miami rHSOIW:lS the rlghl to accept or reject and/or fltl propoeala Of paris 01 proposals, to workshop or negotlnte any and all proposals, to waive irregularllles, and to request ra-proposals on the rsqulred materials Of sar/lcea, Of lak.e any elMr such ac\ior1s thai may be (learned in the best Interest of tho Oily, 6/18 Maria M, Menendez, CMC Cily of South Miami CllyClerk 13-B·267/2104458M Member Name Bid Number Bid Name L~.bscribers Notified Downloaded Bid Documents Su~~lier Name CCS Presentation S~stems Inc. Communications Su~~I~ Cor~. Construction Journal, Ltd. Control Communications, Inc. FPL FiberNet LLC Gotoinnovations Cor~. Innovatve Metering Miami Business Tele~hone Cor~ Onvia, Inc. -Content De~artment Pemica Inc City of South Miami RFP-RFP #IT -2013-0S-0-2013/SK WIRE MESH DOWNTOWN NETWORK RFP 363 10 Phone Fax Doc Count 9049987227 9049987225 1 9259470720 1111111111 1 8007855165 8005817204 1 9547918040 9547911772 2 3055524035 3052295820 1 7863831074 7867374081 2 7273759701 7273759703 1 3056696164 3056695422 1 2063739500 8882637801 2 3056680771 3056680719 2 Attributes 1. Small Business 1. Hispanic O\jljned 2. Small Business